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170 judgments · newest first · showing 1–170

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

1995 INSC 288Appeal(s) allowed

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

PRASHANT RAMACHANDRA DESHPANDEversusMARUTI BALARAM HAIBATTI

1995 INSC 257

The appellant, a tenant, had his revision petition dismissed by the Karnataka High Court for failing to comply with Section 29(1) of the Karnataka Rent Control Act, 1961, and gave an undertaking to vacate the premises within six months. He subsequently filed a Special Leave Petition (SLP) under …

A.N. SEHGAL AND ORS.versusRAJE RAM SHEORAN AND ORS.

1995 INSC 236Disposed off

The Supreme Court revisited a contempt petition filed by A.N. Sehgal and others against Raje Ram Sheoran and others for failing to implement the Court's 1992 directions on seniority allocation between direct recruits and promotees under the Haryana Service Engineers (Class‑I) PWD Rules, 1960. The …

KAMLA SHANKARversusTHE DIRECTOR OF BOARD OF TECHNICAL EDUCATION, KANPUR AND ANR.

1995 INSC 238Disposed off

The appellant, Kamla Shankar, had obtained a direction from the Allahabad High Court to appear for the fourth‑year diploma examination, but the result was never declared. He filed a civil appeal before this Court seeking an order similar to one passed on 12 January 1986, directing the Board of …

THE IMPROVEMENT TRUST, PATIALAversusTHE LAND ACQUISITION TRIBUNAL AND ORS.

1995 INSC 239Appeal(s) allowed

The Improvement Trust, Patiala appealed against an award of the Land Acquisition Tribunal that granted the owner‑share certain benefits under Section 23(1‑A) of the Land Acquisition Act, 1894 as amended by the 1984 amendment. The respondents claimed entitlement to a 12% per annum interest on the …

DR. KASHINATH NAGAYYA IBATTEversusSTATE OF MAHARASHTRA AND ORS.

1995 INSC 240Disposed off

The appellant, a Scheduled Tribe candidate, was appointed as a lecturer in 1981 to a reserved vacancy on a temporary, ad‑hoc basis and served continuously until 1993. The State later filled the same category of vacancies through regular selection by the Public Service Commission (PSC), appointing …

MAHENDRA RAJ MARG KARAMCHARI UNIONversusUNION OF INDIA AND ORS.

1995 INSC 213Disposed off

The petitioners, Nepal-based workers employed by the CPWD under a bilateral agreement between India and Nepal, challenged termination notices and sought declaration that they were regular CPWD employees in India entitled to parity in seniority, promotion, and benefits. The Union of India argued that …

SMT. LAXMIRAJ S. PATIL AND ORS.versusBADASHAH SULTAN MUTWALI

1995 INSC 198Dismissed

The Hajlirat Pir, Babujmal, Deosthan Public Trust (the respondent) applied for an exemption certificate under Section 88‑B of the Bombay Tenancy and Agricultural Lands Act, 1948 for certain lands occupied by the appellants as tenants. The Deputy Collector granted the certificate after finding the …

KART AR SINGH @ NARANJAN SINGH AND ORS.versusSTATE OF PUNJAB

1995 INSC 190Dismissed

The appellants received compensation for land acquired under the Land Acquisition Act, which was later enhanced and subsequently reduced on appeal. While the appeal was pending, they executed the decree and recovered the enhanced amount together with interest. The State filed an application under …

UNION OF INDIAversusJAGDISH AND ORS.

1995 INSC 191Appeal(s) allowed

The Union of India appealed against the Delhi High Court’s order granting claimants an additional amount at 12% per annum under Section 23(1‑A) of the Land Acquisition Act, 1894. The claimants sought this interest for the period between the notification of acquisition and the award of compensation. …

STATE OF GUJARATversusVORA SAIYEDBHAI KADARBHAI AND ORS.

1995 INSC 159Appeal(s) allowed

The Gujarat Rural Debtors Relief Act, 1976 was enacted to protect poor rural debtors from exploitation by non‑institutional money‑lenders. Section 14(2) provides that when a debtor’s debt is discharged or reduced, any property pledged as security must be released and returned to the debtor. The …

UNION OF INDIA AND ORS. ETC.versusDELHI JUDICIAL SERVICE ASSN. AND ANR.

1995 INSC 134Appeal(s) allowed

The Delhi Judicial Officers Association sought a writ directing the Union of India to place all members of the Delhi Higher Judicial Service on a uniform pay scale of Rs.5900-6700, invoking the principle of equal pay for equal work. The Delhi High Court granted this relief, but the Union of India …

MAJOR PAKHAR SINGH ATWAL AND ORS.versusSTATE OF PUNJAB AND ORS.

1995 INSC 73Dismissed

The Punjab Town Improvement Act was used to acquire 821 kanals of land for municipal expansion. The Collector’s 1977 award fixed compensation per marla, which the Tribunal enhanced in 1984. Claimants sought further enhancement, relying on a later 1987 Tribunal award and sale transactions cited in …

MAHADEO SAVLARAM SHELKE AND ORS.versusPUNA MUNICIPAL CORPORATION AND ANR.

1995 INSC 74Dismissed

The Pune Municipal Corporation acquired a two‑storey building for road widening under the Land Acquisition Act, compensated the owner and took possession, while tenants (appellants) occupied the premises under leave‑and‑licence agreements. After the agreements expired, eviction proceedings were …

STATE OF ANDHRA PRADESHversusSHRI S. VISHW ANATHA RAJU ETC. ETC.

1995 INSC 71Appeal(s) allowed

The State of Andhra Pradesh appealed against orders that excluded about 900 acres of land, held under agreements to sell, from the ceiling provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1975. The issue was whether such lands should be counted in the holdings of both the …

STATE OF MADHYA PRADESH AND ANR.versusSRI S.S. KOURA V AND ORS.

1995 INSC 63Appeal(s) allowed

The respondent, an Executive Engineer of the Madhya Pradesh Water Resources Department, was transferred from Bhopal to Jagdalpur during President's Rule. He challenged the transfer before the Administrative Tribunal, which quashed it on the ground that a ban on transfers required prior approval of …

SHRI BHAGWAN SINGHversusTHE CHAIRMAN, NOIDA AND ORS.

1995 INSC 64Case Allowed

The petitioner, Bhagwan Singh, was eligible to become a member of a Noida cooperative society and had paid the required price. The society refused to allot him a plot because his enrollment was recorded on 8 May 1976, after the cut‑off date of 1 May 1976 fixed by the Supreme Court in NO/DA v. U.P. …

D. KRISHNA VENI AND ANR. ETC.versusSTATE OF ORISSA AND ORS.

1995 INSC 65Dismissed

The State of Orissa acquired about 700 acres of land under the Land Acquisition Act, 1894. The Collector awarded compensation for fruit‑bearing trees at Rs 80 each and non‑fruit‑bearing trees at Rs 60 each, which was confirmed by a Sub‑Judge on reference under Section 18. The appellants did not …

MRS. MARY JOYCE POONACHAversusMIS K.T. PLANTATIONS PVT. LTD.

1995 INSC 66Appeal(s) allowed

Devika Rani allegedly executed a sale deed that was never registered. K.T. Plantations filed a civil suit seeking a declaration that the deed was valid, while Devika Rani denied ever executing it, alleging fraud. The Sub‑Registrar refused to register the deed and the matter was appealed to the …

STATE OF MADHYA PRADESHversusSURENDRA KUMAR AND ANR.

1995 INSC 53Appeal(s) allowed

The owner of a plot in Jabalpur applied to the competent authority for permission to alienate 16,500 sq ft of land with building to a purchaser. The authority exercised its option under Section 27(1) of the Urban Land (Ceiling and Regulation) Act, 1976 to purchase the property on behalf of the …

MIRZA MAJID HUSSAINversusSTATE OF M.P. AND ANR .

1995 INSC 54Dismissed

The appellant's land was acquired for the Garna Dam project and a compensation award was made in 1969. The Collector rejected the reference to the award in 1975, prompting the appellant to file a revision before the District Judge in 1982, which was dismissed. After a further delay, a writ petition …

KHANNA IMPROVEMENT TRUSTversusLAND ACQUISITION TRIBUNAL AND ORS.

1995 INSC 55Appeal(s) allowed

The Punjab Town Improvement Trust sought compensation for land acquired under a 1922 Act. The Land Acquisition Collector awarded market value, which the Tribunal enhanced to Rs 307 per sq yd up to a depth of 43 ft. The Trust challenged this in the High Court, which confirmed the Tribunal’s award but …

STATE OF HARYANAversusGURCHARAN SINGH AND ANR. ETC.

1995 INSC 56Appeal(s) allowed

The State of Haryana appealed a High Court order that had confirmed the market value of land acquired in Panchkula and further increased compensation for fruit‑bearing trees by 60% based on a price‑index adjustment. The Collector had originally awarded separate compensation for the land and the …

GIAN CHANDversusGOPALA AND ORS.

1995 INSC 57Appeal(s) allowed

Gian Chand entered into an agreement to purchase a one‑third share of land from Gopala, paying Rs 20,000 as earnest money with the sale deed to be executed by 30‑April‑1978. The appellant later discovered that a notification under Section 4(1) of the Land Acquisition Act, 1894, published on …

STATE OF MADHYA PRADESHversusSMT. SHANTABHAI AND ORS.

1995 INSC 58Appeal(s) allowed

The respondents purchased 22 acres 63 decimals of land for Rs.1,08,000 on September 4, 1974, two days before a notification under Section 4(1) of the Land Acquisition Act, 1894 was issued to acquire the same land for industrial purposes. The Land Acquisition Officer initially fixed compensation at …

STATE OF ORISSA AND ANR.versusDR. PYARI MOHAN MISRA

1995 INSC 10Disposed off

Dr. Pyari Mohan Misra was appointed Director of Fisheries in Orissa on an ad‑hoc basis on 12 August 1971 and was directed to continue temporarily until further orders on 22 July 1972. The State Government later decided to fill the post with an IAS officer and, by notification on 18 March 1977, …

M/S. NOVA STEEL (INDIA) LTD.versusM.C.D. AND ORS.

1995 INSC 11Dismissed

The petitioner, Nova Steel (India) Ltd., negotiated to supply 3,000 metric tonnes of tor steel to the respondents and received their acceptance. Despite the acceptance, the petitioner failed to execute the contract or commence supply. The respondents issued a show‑cause notice on March 19, 1993, …

SALES TAX COMMISSIONER ETC. ETC.versusB.G. PATEL ETC. ETC.

1995 INSC 3Dismissed

The case concerned promotion of senior clerks belonging to Scheduled Tribes in Gujarat civil services. Several posts reserved for STs were vacant because no candidates possessed the full experience prescribed in Rule 11‑A of the Gujarat Civil Services Classification and Recruitment (General) Rules, …

STATE OF ORISSAversusSANGRAM DAS

1995 INSC 1Appeal(s) allowed

The respondent, Sangram Das, applied for a vacancy of Assistant Law Officer in Orissa and, after a merit-based appointment to another post, sought direction from the Administrative Tribunal to be appointed to a subsequent vacancy. The Tribunal ordered the State to appoint him, but the State appealed …

BIRLA CEMENT WORKSversusG.M. WESTERN RAILWAY AND ANR.

1995 INSC 2Dismissed

Birla Cement Works, a cement manufacturer, paid excess freight charges after a gauge conversion added 34 km to the railway distance. The company discovered the mistake when the railway admitted the error on 12 Oct 1990 and claimed a refund under Section 78-B of the Indian Railways Act. The Railway …

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

1994 INSC 606Appeal(s) allowed

The case concerned civilian employees of the Ministry of Defence who participated in Operations Blue Star and Wood Rose. A Government order dated 20 December 1985 directed that ration allowance in lieu of free rations be payable retrospectively to the entitled categories of defence civilian …

SH. P.G.GUPTA ETC. ETC.versusSTATE OF GUJARAT AND ORS.

1994 INSC 607Dismissed

The Gujarat government converted 396 lower‑income group houses from a rental scheme to a hire‑purchase scheme and set eligibility criteria requiring five years continuous residence, excluding retired servants. Category III employees, who had vacated their Pahari houses for better accommodation in …

CENTRAL COALFIELDS LTD.versusSTATE OF MADHYA PRADESH AND ORS.

1994 INSC 603Dismissed

Central Coalfields Ltd. constructed office buildings and staff quarters in the Singrauli area without obtaining permission from the Special Areas Development Authority (SADA) under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973. SADA ordered the demolition of the structures under section …

V. LAKSHMANANversusB. R. MANGALAGIRI AND ORS.

1994 INSC 604Dismissed

The appellant entered into an agreement to purchase six acres of land, paying Rs. 50,000 as earnest money (labelled as an advance) and agreeing to register the sale deed within six months, making time of the essence. He took possession, levelled the land and sought a layout plan, which the Gram …

SMT. H.B. USHAversusD.S. RAMACHANDRA

1994 INSC 596Disposed off

In the civil appeal concerning a partnership dispute between Smt. H.B. Usha and D.S. Ramachandra, the parties reached an amicable settlement. The Supreme Court approved the settlement, ordering the appellant to pay a total of Rs. 3.25 crore to the respondent for relinquishing his half‑share in the …

THE STATE OF PUNJABversusAVTAR SINGH AND ORS.

1994 INSC 593Appeal(s) allowed

The State of Punjab acquired land in 1946 and 1965 for paramilitary purposes. An arbitrator awarded compensation in 1972, which was enhanced by the Additional District Judge in 1973 with a 15% solatium and 12% interest. The High Court modified the decree in 1986, applying the Land Acquisition …

KARSONDAS VIRJI THAKKAR AND ANR.versusJAGANNATH SOWAR VAITY AND ORS.

1994 INSC 594Disposed off

In Suit No. 252/80 filed by K.V. Thakkar and others, the High Court appointed a Court Receiver to take custody of the disputed property. In a separate Suit No. 983/90 filed by Jagannath Sowar Vaity and others for declaration of title, three successive judges ordered that the same Court Receiver …

U.P. JAL NIGAM AND ORS.versusDURGA PRASAD SINGH AND ORS.

1994 INSC 574Appeal(s) allowed

The respondents, appointed ad‑hoc as Assistant Engineers in the U.P. Local Self‑Government Engineering Department, sought inter‑seniority determination. The Allahabad High Court directed the preparation of a fresh seniority list based on a merit list, but the original record could not be traced, …

STATE OF U.P. AND ANR.versusDR. S.K. SINHA AND ORS.

1994 INSC 575Appeal(s) allowed

Dr. L.B. Sinha, a regular lecturer, went on study leave and Dr. S.K. Sinha was appointed as a temporary lecturer against the leave vacancy. The appointment letter expressly stated that the post was temporary, terminable on 24‑hour notice and salary contingent on UGC funds. When Dr. L.B. Sinha …

AMAR CHANDversusBHANO AND ANR.

1994 INSC 570Appeal(s) allowed

Amar Chand had stood as a surety for a decree of Rs.10,000, which included mesne profits, owed by the principal debtor Dia Singh to the decree holder. The decree holder later entered into a compromise with Dia Singh, recording it without any reference to the surety. The question before the Supreme …

KRISHI UTPADAN MANDI SAMITI AND ANR.versusMAKRAND SINGH AND ORS. ETC.

1994 INSC 571Appeal(s) allowed

The State notified certain lands for acquisition in the Gazette on 19‑02‑1982 and later issued a declaration under Section 6(1) of the Land Acquisition Act, publishing it in the Gazette on 07‑02‑1985, in newspapers on 04‑06‑1987 and by local notice thereafter. The owners challenged the declaration, …

KARSAN AMBUBHAI SINDHAVversusTHE STATE OF GUJARAT

1994 INSC 563Dismissed

The appellant, Karsan Ambubhai Sindha, owned agricultural land exceeding the ceiling of 54 acres prescribed under the Gujarat Agricultural Land Ceiling Act, 1960. The Tribunal, after excluding the ceiling area, identified 18.23 acres as excess and ordered surrender. The appellant argued that his …

MATHEVAN PADMANABHAN @ PONNAN (DEAD) THROUGH LRS.versusPARMESHWARAN THAMPI AND ORS

1994 INSC 564Appeal(s) allowed

The respondents filed a suit for possession of land alleging that the appellant had surrendered his tenancy and was in illegal possession. The appellant contested, claiming he remained a tenant and sought permission under Section 72‑B of the Kerala Land Reforms Act to purchase the land. The civil …

L. V ASANTHA KUMARIversusBALAMMAL AND ORS.

1994 INSC 565Appeal(s) allowed

The appellant, L. V. Vasantha Kumar, occupied a hut on land that had been sold by Subramonian Pillai to Vaikuntam Pillai in 1955, and later claimed ownership based on an agreement to purchase. The respondent, Balammal, obtained a decree for specific performance of that agreement and subsequently …

KULDIP MAHATON AND ORS.versusBHULAN MAHTO (DEAD) BY L.RS. AND ORS.

1994 INSC 566Appeal(s) allowed

Munnia, the widow of Bigu, held a life estate in property and died in 1932 before the Hindu Women’s Right to Property Act, 1937 came into force. Upon her death, the property reverted to the reversioners – the first respondent (Bhulan) and the appellants – making them co‑owners. Bhulan claimed he had …

SRI SHYAM SUNDER PRASAD AND ORS.versusSRI RAJPAL SINGH AND ANR.

1994 INSC 559Dismissed

The plaintiffs filed a title suit seeking declaration of ownership and possession of certain plots. The trial court decreed in their favour, but the High Court dismissed the suit on the ground that the plaintiffs failed to prove possession within the 12‑year period prescribed by Article 142 of the …

BAKHTAWAR SINGH AND ANR. ETC. ETC.versusUNION OF INDIA AND ANR.

1994 INSC 560Dismissed

The case concerned acquisition of about 527 acres of land in Bhagualong and surrounding villages for a cantonment. The Land Acquisition Officer initially awarded Rs 22,000 per acre for nehrri and chahi land, which was later enhanced by the Additional District Judge to Rs 36,000 and by the High Court …

TARLOCHAN SINGH AND ANR; ETC. ETC.versusTHE STATE OF PUNJAB AND ORS.

1994 INSC 561Dismissed

The Supreme Court examined appeals by landowners whose 881 acres were acquired under the Land Acquisition Act, 1894 for municipal development. After a series of assessments by the acquisition officer, district judge, single judge and a division bench, the claimants sought further enhancement of …

JUGRAJ SINGH AND ANR.versusLABH SINGH AND ORS.

1994 INSC 557Dismissed

The plaintiffs, Labh Singh and his brother, sued for specific performance of a sale agreement dated 30‑8‑1984 against the original vendor, Jasbir Singh. The petitioners, who had purchased the property later on 4‑1‑1985, were impleaded as necessary parties. All lower courts held that the petitioners …

NARENDER PAL SHARMA AND ANR.versusSTATE OF PUNJAB AND ORS.

1994 INSC 556Appeal(s) allowed

The Supreme Court examined the nomination procedure for nine vacancies in the Punjab Civil Services (Executive Branch) under the 1976 Rules, where the Chief Secretary assigned marks for ACRs, experience, and an ability test, and excluded candidates scoring 33% or less in the ability test. The …

SMT. RATNA @ RATNAVATIversusSYNDICATE BANK AND ORS.

1994 INSC 549Dismissed

The petitioner’s father was the second defendant in a suit for recovery of money under a mortgage. A preliminary decree was passed, after which the second defendant (surety) died. The plaintiff sought a final decree and asked that the petitioner be brought in as the legal representative of the …

VIRENDRA GAUR AND ORS.versusSTATE OF HARYANA AND ORS.

1994 INSC 550Appeal(s) allowed

The Supreme Court examined whether the Haryana Government could lease municipal land, earmarked as open space for sanitation and recreation, to the Punjab Samaj Sabha for a Dharamshala. The land had been vested in the municipality under the Haryana Municipal Act, 1973 and was reserved under a town …

R. R. KULASEKHARANversusA.P.P.S. COMMISSION AND ORS

1994 INSC 551Dismissed

The petitioners challenged the appointment of candidates to posts reserved for Backward Class (BC‑A) in Andhra Pradesh, arguing that when no local BC‑A candidates were available, the government should have allowed BC‑A candidates from other zones to be considered as non‑local and appointed on merit. …

STATE OF GUJARATversusC.G. RAIYANI

1994 INSC 529Appeal(s) allowed

The respondent was initially appointed as a Junior Engineer on an adhoc basis in May 1969 and later selected for regular appointment by the Panchayat Services Selection Board, with regularisation intended to be effective from July 15, 1972. After a provisional promotion in 1978, a common seniority …

RAJIV K. GARG AND ORS.versusSHANTI BHUSHAN AND OTHERS

1994 INSC 526Dismissed

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

P.N. KRISHNA LAL AND ORS. ETC. ETC.versusGOVT. OF KERALA AND ANR. ETC. ETC.

1994 INSC 524

The appellants, licensees of arrack and foreign liquor shops, were convicted under sections 57A and 57B of the Kerala Abkari Act (as amended in 1984) for mixing or permitting the mixing of noxious substances such as methanol with liquor, or for failing to take reasonable precautions, and for …

UNION OF INDIA AND ORS.versusKARNAIL SINGH AND ORS.

1994 INSC 525

The Union of India appealed against the High Court’s order granting additional statutory benefits to landowners whose lands in Bhatinda district had been acquired. The original award by the Collector under Section 11 of the Land Acquisition Act was later enhanced by civil courts, but the owners …

BIBIJAN AND ORS.versusMURLIDHAR AND ORS.

1994 INSC 519Dismissed

The respondents filed a suit for redemption of a usufructuary mortgage which the trial court dismissed as barred by limitation; the High Court reversed and granted a preliminary decree for redemption, holding that the mortgage was acknowledged and a fresh cause of action arose. The appellants filed …

MAROTIversusTULSIRAM AND ANR

1994 INSC 520

The Managing Trustee of Hanuman Deosthan filed a civil suit for possession of a property, alleging that the plaintiff Trust was the owner. The defendant appealed, claiming he had purchased the property from a predecessor and was therefore the owner. During cross‑examination and before municipal …

GOVERNMENT OF ANDHRA PRADESH AND ANR.versusA.V. VENUGOPALA RAO

1994 INSC 516

The Government of Andhra Pradesh had, pending the finalisation of a seniority list for promotion to Executive Engineer, appointed the senior-most officers in the provisional list as In‑charge to avoid administrative hardship. The Andhra Pradesh Administrative Tribunal later revoked these interim …

STATE OF HARYANA AND ANR.versusRAGHUBIR DAYAL

1994 INSC 511Appeal(s) allowed

The State of Haryana appealed a High Court order that had set aside a land acquisition on the ground that the substance of the notification under Section 4(1) and the declaration under Section 6 of the Land Acquisition Act, 1894, were not published in the locality. The Supreme Court examined whether …

DR. GANGA PRASAD VERMA ETC.versusSTTE OF BIHAR AND ORS. ETC.

1994 INSC 512Dismissed

Dr. Ganga Prasad Verma, an Assistant Professor, was promoted to Associate Professor in Neuro‑Surgery, a promotion challenged on the ground that he lacked the M.Ch. qualification required for the post. The High Court set aside the promotion and ordered a fresh consideration in light of the Supreme …

TARUN BHARAT SINGH, ALWARversusUNION OF INDIA AND ORS.

1994 INSC 502Disposed off

The petitioner, Tarun Bharat Singh, sought criminal contempt proceedings against Dr. Upendra Dublish and Advocate Ratan Katyani for threatening and using abusive language towards a senior Supreme Court advocate during a protest against mining restrictions in the Sariska Tiger Reserve. The Supreme …

M/S. S.G. GLASS WORKS PRIVATE LTD.versusCOLLECTOR OF CENTRAL EXCISE AND CUSTOMS

1994 INSC 504

S.G. Glass Works Private Ltd manufactured glassware manually, using compressed air only in the second mould. The Department issued a show‑cause notice classifying the goods under serial No.1 of Notification No. 329/77, which attracted a higher excise duty, but the appellant argued that the use of …

COMMITTEE OF MANAGEMENTversusSHAMBU SARAN PANDEY AND ORS.

1994 INSC 499Disposed off

The Principal of a university institution was charged with misappropriating funds and served with a charge‑sheet. He requested inspection of the documents referred to in the charge‑sheet, but the enquiry officer postponed inspection until the final hearing, which the Court held to be a procedural …

SARAT KUMAR DASH AND ORS.versusBISWAJIT PATNAIK AND ORS.

1994 INSC 495Appeal(s) allowed

The case concerned the promotion of Drug Inspectors to Assistant Drugs Controller posts. The Government, lacking statutory rules, adopted the principle of "merit‑cum‑suitability with due regard to seniority" and asked the Public Service Commission (PSC) to evaluate candidates using an objective …

LAND ACQUISITION OFFICER, ELURU ETC.versusSMT. JASTI ROHINI AND ANR. ETC.

1994 INSC 496Appeal(s) allowed

The State acquired 9.47 acres in 1983 and 14.10 acres in 1985 near Eluru for house sites for the poor. The Land Acquisition Officer fixed compensation at Rs 40,000 per acre, but the reference court and the Andhra Pradesh High Court enhanced the market value to Rs 150 per square yard based on the …

M/S NEW KENILWORTH HOTELS (P) LTD.versusASHOKA INDUSTRIES LTD. AND ORS.

1994 INSC 460Dismissed

Mis New Kenilworth Hotels Ltd. filed a writ petition seeking to set aside a High Court order that directed Ashoka Industries Ltd., the mortgagor, to exercise its statutory right of redemption under Section 60 of the Transfer of Property Act. The appellant argued that the Orissa State Financial …

STATE OF MIZORAMversusBIAKCHHAWNA

1994 INSC 459Appeal(s) allowed

The State of Mizoram acquired land in Aizawl under the Land Acquisition Act, 1894 and awarded compensation to the landowner, BiaKchhawna, who received it under protest and filed an application for higher compensation but the Collector failed to make a reference under Section 18 of the Act. …

U.P JAL NIGAM AND ANR.versusNARESHWAR SAHAI MATHUR AND ANR.

1994 INSC 450Appeal(s) allowed

The case concerned a promotion grievance of government servants in U.P. Jal Nigam, where the petitioners sought relief through a writ under Article 226 of the Constitution instead of first approaching the specially constituted U.P. Public Service Tribunal. The Allahabad High Court had earlier …

STATE OF BIHAR AND ORS.versusBAGESHWARI PRASAD AND ANR.

1994 INSC 451Appeal(s) allowed

The Supreme Court examined a dispute concerning promotion of a reserved‑category employee to the post of Office Superintendent in Bihar. The State had issued a circular with a roaster that earmarked the second vacancy for Scheduled Castes and the fourth for Scheduled Tribes, while other vacancies …

NOORDUDDINversusDR. K.L. ANAND

1994 INSC 452Appeal(s) allowed

The appellant, Noorduddin, claimed an independent right, title and interest in land (Khasra No.179) that he alleged was part of his ancestral property and not covered by the sale of evacuee lands (Khasra Nos.13 and 14) to Dr. K.L. Anand. The respondent sought possession of the latter parcels under a …

M/S. SITARAM AND BROS.versusSTATE OF RAJASTHAN AND ORS.

1994 INSC 444Dismissed

The petitioners challenged the Rajasthan Excise Amendment Act, 1985, which added Section 17A and the class "Mollasses" to Section 41(2)(d) of the Rajasthan Excise Act, 1950, alleging that it conflicted with the central Mollasses Control Order, 1961 made under the Industries (Development and …

SELVARAJANversusMEENAKSHI AMMAL

1994 INSC 445Dismissed

The petitioner, an agriculturist, sought to have arrears of rent, which had been transformed into a debt by a decree against his father (who was a surety), scaled down under Section 19 of the Tamil Nadu Agriculturists Relief Act, 1938 (as amended 1973). The respondent argued that rent is expressly …

BHANWAR LALversusSATYANARAIN AND ANR.

1994 INSC 431Appeal(s) allowed

The appellant, Bhanwar Lal, obtained a final ejectment decree against Ram Kishan and sought possession of the property. When Satyanarain, a third‑party not a judgment‑debtor, obstructed delivery, the appellant filed an application under Order 21 Rule 35(3) for police assistance. The executing court …

KONDIRAM BIKHU KIRDATversusKRISHNA BIKHU KIRDAT

1994 INSC 432Case Partly allowed

The appellant Kondiba and the plaintiff Krishna, brothers belonging to a Hindu joint family, filed a suit for partition of several properties. The trial court limited the decree to two items, while the appellate court ordered partition of all suit properties subject to the appellant contributing …

SULEKH CHAND AND SALEK CHANDversusCOMMISSIONER OF POLICE AND ORS.

1994 INSC 428Appeal(s) allowed

The appellants, police officers promoted from Assistant Sub‑Inspector to Sub‑Inspector, claimed that their promotion should be back‑dated to 1 October 1982. The respondents, the Commissioner of Police, denied the promotion on the ground that the officers had been charged under section 5(2) of the …

M/S. TAMIL NADU HOUSING BOARDversusTHE COLLECTOR OF CENTRAL EXCISE, MADRAS AND ANR.

1994 INSC 421Appeal(s) allowed

The Tamil Nadu Housing Board, a statutory body registered under the Factories Act, operated a concrete unit (licensed) and a wood‑working unit (unlicensed) whose products were used only in its own buildings. The Central Excise Department issued a show‑cause notice alleging duty evasion on the wood …

SHIVAPPA TAMMANNAPPA KARABANversusPARASAPPA HANAMMAPPA KURABAN AND ORS.

1994 INSC 412Dismissed

The appellant, a holder of a village office (Walikarki) under the Karnataka Village Offices Abolition Act, 1961, claimed exclusive ownership of land regranted to him after the abolition of the office. Upon partition, he received only one‑fifth of the property while the respondents, other members of …

SHYAM SUNDER DUTTAversusBAIKUNTHA NATH BANERJEE (DEAD) BY LRS. AND ORS.

1994 INSC 409Appeal(s) allowed

The appellant filed successive partition suits over property where a court‑appointed receiver (1933‑1941) had inducted the respondents as occupants. After the receiver’s discharge, the respondents claimed tenancy rights by adverse possession. The trial court and the appellate court found that the …

STATE OF MADHYA PRADESH AND ORS.versusM/S. KRISHNADAS TIKARAM

1994 INSC 410Appeal(s) allowed

The respondent was granted a mining lease in 1966 to extract limestone from a forest area, which expired in 1986. After the Forest Conservation Act, 1980 came into force, any grant or renewal of such a lease required prior approval of the Central Government under Section 2. The State Government …

SMT. RAMA DUBEY (DEAD) BY LRS.versusDEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

1994 INSC 387Appeal(s) allowed

Two brothers, Gajadhar and Harjeet, gifted eleven plots of land to their niece, Smt. Rama Dube, by a registered deed in 1960, and Harjeet later bequeathed two additional plots to her by will. Rama initiated consolidation proceedings in 1971 to have her name entered in the land records; notice was …

CHAIRMAN, PURI GRAMYA BANK AND ANR.versusANANDA CHANDRA DAS AND ORS.

1994 INSC 384Disposed off

The Supreme Court heard an appeal by the Chairman of Puri Gramya Bank challenging the High Court's order that seniority among directly recruited managers should be based on the date of reporting to duty. The respondents had been selected by a Selection Board which prepared a merit list based on the …

N. JAYALAKSHMI AMMAL AND ORS.versusR. GOPALA PATHAR AND ANR.

1994 INSC 374Dismissed

The case concerned a joint Hindu family property acquired in 1928 by Govindaswamy and his brother Srinivasa. Govindaswamy disappeared after August 1930 and was not heard of thereafter. His wife, Kasambu Ammal, executed a sale deed in 1970 in favour of Nataraja Iyer, while Srinivasa executed a …

MR. ASHOK KUMAR AND ORS.versusDELHI DEVELOPMENT AUTHORITY

1994 INSC 375Dismissed

The petitioners, Ashok Kumar and others, filed a writ petition under Article 32 of the Constitution seeking mandamus against the Delhi Development Authority, alleging that a letter dated 1 July 1994 required them to pay excess amounts for plots. The petition was filed after a prior order passed by …

STATE OF ORISSA AND ORS.versusJOY PRAKASH PANDA AND ANR.

1994 INSC 378Dismissed

The State of Orissa introduced a rehabilitation scheme on May 28, 1985, to provide appointment to a family member of a non‑government primary school teacher who dies or becomes permanently disabled while in service. The respondent's father, a teacher, was murdered on September 15, 1984, i.e., before …

NISAR AHMAD AND ORS. ETC. ETC.versusSTATE OF U.P. AND ORS.

1994 INSC 379Dismissed

The appellants challenged the validity of a transport scheme approved by the State Government and published on May 29, 1993, contending that under the Motor Vehicles Act, 1988, prior approval of the Central Government was mandatory and that the draft scheme had lapsed under Section 100(4). The …

SUKHPAL SINGH AND ORS.versusPUNJAB STATE AGRICULTURAL MARKETING BOARD AND ORS.

1994 INSC 365Dismissed

The Market Committee of Shri Hargobindpur Sahib appointed several persons to regular posts after a newspaper advertisement. The Punjab State Agricultural Marketing Board later reviewed and terminated those appointments. The terminated appointees filed a writ petition challenging the cancellation, …

SMT. RADHIKAversusAGHNU RAM MAHTO

1994 INSC 366Appeal(s) allowed

The appellant, Radhika, was the sole child of a mother who had inherited property from her own father. When the mother died intestate, her husband (the respondent) claimed a half‑share as a Class‑I heir. The trial court dismissed his claim, but the district court and the High Court reversed, …

STATE OF ANDHRA PRADESH AND ORS.versusM/S. ANUPAMA MINERALS ETC. ETC.

1994 INSC 368Appeal(s) allowed

The State of Andhra Pradesh and others granted mining leases to Mis. Anupama Minerals under Rule 31 of the A.P. Mining Rules, 1966. After the Forest Conservation Act, 1980 came into force, the respondents applied for renewal of the leases. The State Government refused renewal, invoking the …

DALIP CHAND AND ORS.versusUNION OF INDIA AND ORS.

1994 INSC 362Appeal(s) allowed

In 1928 a non‑agriculturist tribe sold 60 bighas of land, now in Pakistan, to the appellants, and mutation was effected in their favour in 1932. After the vendor’s caste was later notified as an agricultural tribe, the authorities attempted to review the mutation, treating the appellants as …

KARNAIL SINGHversusTHE STATE OF PUNJAB AND ANR.

1994 INSC 363Appeal(s) allowed

The appellants, head constables who had completed intermediate and upper school police training, were temporarily promoted to Sub‑Inspectors and placed on the 'G' list. After completing the upper school course in 1984 they were not placed on the 'E' list and were reverted to head constable, while …

S. RAMACHANDRA RAJUversusSTATE OF ORISSA

1994 INSC 345

The appellant, a lecturer appointed in 1965, received a solitary adverse confidential report for the academic year 1987‑88, which he claimed was made in mala‑fide by the principal. He sought to have the remarks expunged, was promoted to Reader in 1991, but was compulsorily retired on 28 May 1991 …

N. KRISHNAMACHARIversusTHE MANAGING DIRECTOR APSRTC, HYDERABAD AND ORS.

1994 INSC 316Dismissed

The Government of Andhra Pradesh issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for a bus‑stand complex, followed by a declaration under Section 6. Several writ petitions were filed challenging the acquisition, and the Andhra Pradesh State Road Transport …

P. CHINNANNA AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

1994 INSC 301

The State of Andhra Pradesh, invoking urgency under Section 17 of the Land Acquisition Act, 1894, acquired 6 acres 29 guntas of land for a market yard in 1977, publishing a Section 4(1) notification and a Section 6(1) declaration, and took possession in 1978, vesting the land in the State. The …

SHRI SWAROOP NARAIN SRIVASTAVAversusTHE IVTH ADDL. DISTRICT JUDGE AND ORS.

1994 INSC 302

The appellant, a landlord, sought a release order for a residential building that had become vacant under Sections 12(3) and 12(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The former tenants, who were joint heirs of the deceased tenant, filed an application …

THE STATE OF M.P. AND ORS.versusRAGUVEER SINGH YADAV AND ORS.

1994 INSC 304Appeal(s) allowed

The State of Madhya Pradesh issued a 1987 notification for recruitment of Inspectors of Weights and Measures with qualifications including Arts, Commerce, Science, Engineering or a Diploma. Written examinations were held and results declared in August 1989, after which interview cards were issued. …

SUKALU RAM GONDversusSTATE OF MP AND ORS.

1994 INSC 300Disposed off

In a criminal petition, the parties consented to refer a dispute between the petitioner and Respondent No.3 to an arbitrator, limiting the reference to those two parties. The arbitrator, however, issued an award holding Respondent No.5 liable for a sum, despite Respondent No.5 not being a party to …

STATE OF TAMIL NADUversusT.V. VENUGOPALAN

1994 INSC 298Appeal(s) allowed

The respondent, a government employee who entered service in 1952, sought correction of his date of birth a year before his scheduled superannuation, claiming his father had recorded it incorrectly. The State rejected the application, and the Administrative Tribunal set aside the rejection, …

SHRI T. SHAM BHATversusUNION OF INDIA AND ANR.

1994 INSC 293

Shri T. Sham Bhat, a Class‑I officer of Karnataka's non‑State Civil Service, was barred from selection to the Indian Administrative Service (IAS) after the IAS (Appointment by Selection) Second Amendment Regulations, 1989 increased the required continuous service from eight to twelve years and …

CARMEL BOOK STALLversusDY. COMMISSIONER OF SALES TAX

1994 INSC 287Appeal(s) allowed

Carmel Book Stall, a charitable trust, sold books whose profits were claimed to be exempt from Kerala sales tax under Section 10 of the Kerala General Sales Tax Act, 1963, provided the profits were solely used for charitable purposes. The Sales Tax Officer taxed the profits for the assessment years …

PREMJI RATANSEY SHAH AND ORSversusUNION OF INDIA AND ORS.

1994 INSC 279Dismissed

The petitioners claimed to be successors in title to land that had been acquired by the government for the railways under the Land Acquisition Act, 1894, and sought a declaration and an injunction to protect their possession. The trial court found them in possession, but the High Court held that the …

SUDHARSHAN TRADING COMPANY LTD.versusOFFICIAL LIQUIDATORS AND ORS.

1994 INSC 219Disposed off

The Supreme Court clarified directions given on 14 May 1993 in a dispute between Sudharshan Trading Company Ltd., its subsidiary’s liquidators, and the Subscribers' Association of a chit fund. The Court ordered the holding company to pay 25% interest on a Rs 5 lakh deposit for the period 3 Nov 1989 …

UNITED BANK OF INDIAversusCOOKS AND KELVEY PROPERTIES (P) LTD.

1994 INSC 209Appeal(s) allowed

United Bank of India leased premises from Cook's and Kelvey Properties and allowed its employees' trade union to occupy the premises for union activities without the landlord's consent. The bank did not receive any rent from the union, maintained the premises, paid electricity charges, and retained …

TEJ SINGHversusSTATE OF RAJASTHAN AND ORS.

1994 INSC 202Disposed off

Tej Singh, a Gram Sewak, obtained an allotment of five bighas of government land in 1968 under the Rajasthan Colonisation (Medium & Minor Irrigation Projects Government Lands Allotment) Rules, 1968. In 1980 the Additional Collector cancelled the allotment under Rule 17‑A, alleging that Singh had …

S. SATYAPAL REDDY ETC.versusGOVT. OF A.P. AND ORS.

1994 INSC 196Dismissed

The appellants, holders of diplomas in Mechanical Engineering, applied for the post of Assistant Motor Vehicles Inspector in Andhra Pradesh but were rejected because the State's Transport Subordinate Service Rules required a degree. They challenged the State rule, arguing that the Motor Vehicles …

G.B. PANT AGRICULTURAL AND TECHNOLOGY UNIVERSITYversusKESHO RAM

1994 INSC 193

Kesho Ram was appointed as a temporary Assistant Block Superintendent at G.B. Pant Agricultural & Technology University in 1972 with a contract allowing termination on one month's notice. He was dismissed in 1976 for irregular attendance without a prior inquiry, and he sued for a declaration that …

STATE OF M.P.versusSH. L.P. TIW ARI

1994 INSC 194Appeal(s) allowed

The State of Madhya Pradesh suspended Executive Engineer L.P. Tiwari on 24 April 1990 and framed a charge‑sheet on 5 July 1990, but the charge‑sheet was not served until after the 90‑day period prescribed by Rule 9 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 …

JAINULABUDEEN AND ORS.versusTHE GOVT. OF TAMIL NADU AND ORS.

1994 INSC 190Appeal(s) allowed

The State of Tamil Nadu issued a notification under the Land Acquisition Act, 1894 to acquire land for establishing a taluk office, sub‑treasury and a college of music. The petitioners challenged the acquisition, arguing that the proposed public purpose was no longer required and that suitable land …

K. PERIASANIversusSUB-TEHSILDAR (LAND ACQUISITION)

1994 INSC 191

The appellant, a landowner, challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894 for a housing scheme. The acquisition officer had initially fixed the market value at Rs. 92 per cent, which the civil court enhanced to Rs. 800 per cent on reference under Section …

DR. UMRAO SINGH CHOUDHARYversusSTATE OF M.P. AND ANR.

1994 INSC 184

Dr. Umrao Singh Choudhary was appointed Vice‑Chancellor of Devi Ahilya Vishwavidyalaya under section 13 of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973. On 21 January 1994 the Governor, exercising power under section 52(1) of the same Act, issued a notification that the Vice‑Chancellor should …

STATE OF RAJASTHAN AND ORS.versusSARDAR PUSHPENDRA SINGH AND ORS.

1994 INSC 178

The State of Rajasthan acquired about 1800 acres of land for defence purposes under the Rajasthan Land Acquisition Act, 1953. The Land Acquisition Officer (LAO) could not determine the compensation because portions of the land were in excess of limits prescribed by the Rajasthan Tenancy Act, 1955 …

SARDAR SINGHversusSMT. KRISHNA DEVI AND ANR.

1994 INSC 172

Sardar Singh claimed a half‑share in a house purchased by his brother Kartar Lal, which was later sold by Kartar Lal to Joginder Nath (respondent). A private arbitration award declared that both brothers were co‑owners, each holding an equal share, but the award was not registered. The respondent …

THE STATE OF ANDHRA PRADESH, ETC.versusMODERN PROTEINS LTD.

1994 INSC 173

Modern Proteins Ltd., a dealer under the Andhra Pradesh General Sales Tax Act, dealt in groundnut products including deoiled cake and groundnut protein flour. For the 1977-78 assessment year, the Central Tax Officer taxed the flour at 4% under the Central Sales Tax Act, but the Assistant …

K.A.A. RAJA AND ORS.versusSTATE OF KERALA AND ANR.

1994 INSC 174Appeal(s) allowed

The State of Kerala acquired 52.88 acres of cardamom plantation for the Periyar Tiger Reserve under a notification issued under s.3(1) of the Kerala Land Acquisition Act, 1962. The Land Acquisition Officer initially valued the land at Rs.14.75 lakh, which was enhanced by the Subordinate Judge to …

SMT. INDRANI BAIversusUNION OF INDIA AND ORS.

1994 INSC 164Appeal(s) allowed

The widow of a turner who was dismissed from service challenged the disciplinary enquiry that led to his dismissal. The employee had alleged bias against the appointed enquiry officer and requested a change of officer, which the authorities ignored and proceeded with an ex parte enquiry. After the …

STATE OF U.P. AND ANR.versusPREM LATA MISRA AND ORS.

1994 INSC 165

The respondent was appointed as a temporary Assistant Project Officer under the National Adult Education Scheme, with her appointment stating that service could be terminated at any time by giving one month's notice or pay. In June 1982 she was terminated under the Uttar Pradesh Temporary Government …

SATISH CHANDRAversusREGISTRAR OF COOPERATIVE SOCIETIES, DELHI.

1994 INSC 166

The petitioners, members of a Delhi cooperative housing society, were expelled by a resolution of the society's general body on 22 February 1990, which was later approved by the Registrar. They filed several writ petitions in the Delhi High Court challenging the expulsion and other matters, but did …

UNION OF INDIAversusM/S. JAIN ASSOCIATES AND ANR.

1994 INSC 161

The Union of India entered into a construction contract with M/s. Jain Associates, which was later terminated for non‑completion. The contractor claimed Rs 37,37,885 and the Union counter‑claimed Rs 9,49,701. An umpire under the Arbitration Act, 1940 awarded the contractor Rs 24,10,330, granting …

STATE OF ANDHRA PRADESHversusT.G. LAKSHMAIAH SETTY AND SONS

1994 INSC 157Appeal(s) allowed

The assessee, T.G. Lakshmaiah Setty & Sons, a dealer in groundnut oil and cotton seeds, was assessed under the Andhra Pradesh General Sales Tax Act, 1957 for the years 1967‑68, 1970‑71 and 1971‑72 on cotton lint at 3% as an unclassified good. Relying on Alimchand Topandas Oil Mills, they argued that …

SATYAPAL SINGHversusTHE HARYANA STATE SUBORDINATE SELECTION BOARD AND ORS.

1994 INSC 147Disposed off

The appellant, Satyapal Singh, a 40% disabled ex‑serviceman, was appointed on an ad‑hoc basis as Technical Tracer and was recommended by the Haryana Rajya Sainik Board for regular appointment. The Haryana State Subordinate Services Selection Board, however, did not recommend his regularisation …

UNION OF INDIA AND ANR.versusDISTRICT JUDGE, UDHAMPUR AND ORS.

1994 INSC 142Appeal(s) allowed

The Union of India sought compensation for land requisitioned by the State of Jammu & Kashmir for an air‑field extension. The competent authority fixed market value, solatium and interest, but the local officer required approval of the Union of India, which was never obtained. The Union invoked …

SOORAJMULL NAGARMULLversusDALHOUSIE PROPERTIES LTD. AND ANR.

1994 INSC 133Disposed off

The Supreme Court heard a civil appeal (No. 2846 of 1979) arising from a 40‑year landlord‑tenant dispute between Soorajmull Nagarmull (tenant) and Dalhouise Properties Ltd. (landlord). While the appeal was pending, the parties reached a compromise covering rent, compensation for past occupation, tax …

B. SIVANANDAversusTHE ANDHRA BANK LTD. AND ANR.

1994 INSC 125Disposed off

The respondent Andhra Bank filed a suit for a preliminary decree for sale of mortgaged properties and a personal decree for a loan amount with future interest. The trial court, after hearing applications, dismissed the bank’s claim for interest, holding that the decree did not specify liability for …

K. SASIDHARANversusKERALA STATE FILM DEVELOPMENT CORPORATION

1994 INSC 119Dismissed

The appellant, K. Sasidharan, entered into a contract with the Kerala State Film Development Corporation to construct a theatre. A dispute arose during execution and the appellant sought appointment of an arbitrator under Section 20 of the Arbitration Act, 1940, relying on clause 73 of the Madras …

STATE OF RAJASTHAN AND ANR.versusSHRI PURKHA RAM AND ANR.

1994 INSC 90Dismissed

The case involved displaced persons from the Bhakra Nangal Dam who were rehabilitated in the Rajasthan Canal Colony and allotted land under the Rajasthan Colonisation Act, 1954 and the 1967 Rules, with payment required as per Rule 23, which they duly made. In 1984 the government issued notices under …

ADDL. SPECIAL LAND ACQUISITION OFFICERversusYAMANAPPA BASALINGAPPA CHALWADI

1994 INSC 87

The respondents' agricultural lands were acquired under the Land Acquisition Act, 1894 for the Upper Krishna Project. The District Judge, based on evidence that two dry‑season crops yielded Rs 720 per acre, applied a 15‑year multiplier to compute a market value of Rs 800 per acre, which the …

JAIPUR DEVELOPMENT AUTHORITYversusRADHEY SHYAM AND ORS.

1994 INSC 78Appeal(s) allowed

The Government of Rajasthan acquired land for the development of Jaipur city under the Rajasthan Land Acquisition Act, 1953. After an initial award excluded a portion of the land, the Land Acquisition Officer made a 1974 award that deducted compensation by allotting portions of the acquired land to …

STATE OF PUNJAB AND ANR.versusHANS RAJ (DEAD) BY LRS./SOHAN SINGH AND ORS.

1994 INSC 73Appeal(s) allowed

The State of Punjab acquired land under the Land Acquisition Act, 1894 and the Land Acquisition Officer initially awarded Rs.29.46 per marla as compensation. The District Judge enhanced this to Rs.50 per marla, and the High Court single judge further raised the market value to Rs.375 per marla and …

FOOD CORPORATION OF INDIAversusNEW INDIA ASSURANCE CO. LTD. AND ORS. ETC. ETC.

1994 INSC 70

The Food Corporation of India (FCI) entered into fidelity insurance guarantees with several insurance companies to cover losses caused by rice millers' breach of contract. The guarantees stipulated that FCI would have no rights under the bond after six months from the termination of the millers' …

STATE OF KERALA AND ORS.versusMCDOWELL AND CO. LTD.

1994 INSC 75

The State of Kerala challenged the classification of a document executed by McDowell & Co. under Form VI of the Distillery and Warehouse Rules, required by Section 7 of the Kerala Abkari Act for deferred export duty, as an agreement rather than a bond for stamp duty purposes. The High Court held the …

SHYAM BABU VERMA AND ORS.versusUNION OF INDIA AND ORS.

1994 INSC 53

The petitioners, appointed as Pharmacists Grade‑B in the Northern Railway Central Hospital, were placed in the higher pay scale of Rs 330‑560 despite being qualified only under clause (d) of Section 31 of the Pharmacy Act, 1948, which entitled them to the lower scale of Rs 330‑480. In 1984 they were …

RAM DULARversusDY. DIRECTOR OF CONSOLIDATION, JAUNPUR AND ORS.

1994 INSC 55

The appellant claimed a half‑share in ancestral land based on his lineage and long‑term possession, which the Consolidation Officer and Settlement Officer recognized. The Deputy Director of Consolidation, exercising power under Section 48 of the U.P. Consolidation of Holdings Act, 1953, reversed …

DEEP CHAND AND ORS.versusLAND ACQUISITION OFFICER AND ORS.

1994 INSC 40Dismissed

The State Government acquired 2 acres 46 cents of land belonging to Deep Chand, who objected under Section 49(1) of the Land Acquisition Act, 1894, insisting that the whole property, including his factory and office, should be taken. The Collector referred the dispute to the Civil Court, which held …

JAWAJEE NAGNATHAMversusTHE REVENUE DIVISIONAL OFFICER, ADILABAD, AP., ETC.

1994 INSC 29Dismissed

The appellant owned 18 guntas of land in Adilabad municipality that were acquired under the Land Acquisition Act, 1894. Compensation was initially based on letting value and later enhanced to Rs. 75 per square yard by the reference court. The appellant claimed a market value of Rs. 300 per square …

SAMPURAN SINGHversusSTATE OF HARYANA AND ORS.

1994 INSC 16Dismissed

Sampuran Singh's land was declared surplus under the Punjab Security of Land Tenures Act, 1953 in 1964, but he continued to possess and enjoy it. After his three sons became majors, he sought to reopen the declaration and recompute the surplus land under sections 7 and 9 of the Haryana Ceiling on …

SMT. BHAGWANTI DEVI AND ANR.versusSTATE OF HARYANA AND ANR .

1994 INSC 17Dismissed

The appellants, a family owning 828 standard acres, had surplus land declared under the Punjab Security of Land Tenures Act, 1953 and were granted exemption under Rule 8 to continue using it. When the Haryana Ceiling on Land Holdings Act, 1972 came into force, the appellants argued that the …

SURINDER NATH DEWANversusSTATE OF HARYANA AND ORS.

1994 INSC 18

Surinder Nath Dewan was declared a holder of 15 standard acres of surplus land by a 1960 order under the East Punjab Security of Land Tenures Act. He later obtained a determination that only 5 acres were surplus and sought restoration of land that had been leased out under the East Punjab Area …

JAENENDRA KUMAR PHOOLCHAND DAFTARIversusRAJENDRA RAMSUKH MISHRA

1993 INSC 384

The appellant, J.P. Daftari, was elected Sarpanch of Seloo Gram Panchayat by secret ballot, but the election was set aside by the Collector because no member had demanded a secret ballot, as required by Rule 10(2) of the Bombay Village Panchayat (Sarpanch and Upa‑Sarpanch) Election Rules, 1964. The …

M. JANARDHAN AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

1993 INSC 379Appeal(s) allowed

The appellants, who were temporarily appointed as Health Inspectors between 1958 and 1962, challenged the Andhra Pradesh Government's order that retrospectively regularised the services of temporary promotee Health Inspectors (respondents No. 4‑121) under Rule 37(e) of the Public Health Subordinate …

SHRI DEVENDRA MANAGEMENT TRAINEES AND ORS.versusPUNJAB NATIONAL BANK

1993 INSC 380Dismissed

The appellants, members of Scheduled Castes and Scheduled Tribes employed in the clerical cadre of Punjab National Bank, were selected as Management Trainees on the condition of two years of training and subsequent confirmation based on a bank test and examination. While they were on training, the …

THE C.L.T., GUJARAT-I, AHMEDABADversusTHE AHMEDABAD COTTON MFG. CO. LTD. & ORS.

1993 INSC 340

The assessee, a cotton textile manufacturer, paid amounts to the Textile Commissioner under Clause 21‑C(1)(b) of the Cotton Textiles (Control) Order, 1948, in lieu of producing the minimum required cloth, and also paid a sum for non‑fulfilment of an export obligation under a bond. The assessee …

PRINTERS HOUSE PVT. LTD.versusMST. SAIDAN(DECEASED) BY L.R.

1993 INSC 332Disposed off

The Supreme Court examined compensation for several plots of land acquired for a printing‑machinery factory. The lands, owned by three different claimants, differed in location, size and shape. The Land Acquisition Officer and the Punjab‑Haryana High Court had fixed a uniform market‑value rate per …

STATE OF UTTAR PRADESH AND ORS.versusSHEOPAT RAI AND ORS.

1993 INSC 285Appeal(s) allowed

The Uttar Pradesh Government, by the Excise (Amendment) Ordinance 1972, inserted Section 24‑A in the Uttar Pradesh Excise Act, 1910, enabling it to grant shop licences for the retail sale of foreign liquor on the basis of a 'licence fee' (auction highest bid) or a 'fixed fee' (determined by the …

B. L. MANDAWAT AND ORS.versusUNION OF INDIA AND ORS

1993 INSC 266Appeal(s) allowed

The petitioner, a Trained Graduate Teacher employed at the Rajasthan Atomic Power Project (RAPP) School since 1972, sought direction for her absorption by the Atomic Energy Education Society (AEE Society) after the school was transferred to that autonomous body. The Central Government had issued a …

SABARKANTHA ZILLA KHARID V. SANGH LTDversusCOMMISSIONER OF INCOME TAX

1993 INSC 256Dismissed

Sabarkantha Zilla Kharid Vechan Sangh Ltd., a cooperative society dealing in agricultural implements, seeds, livestock and other articles, claimed exemption from income‑tax on its profits and gains under Section 81(i)(d) of the Income Tax Act, 1961. The Income‑Tax Officer held that the exemption …

UPENDRA PRADHAN AND OTHERSversusSTATE OF ORISSA AND OTHERS

1993 INSC 175Dismissed

The appellants were teachers in a school that was recognised in 1983 but only received grants‑in‑aid in 1988. Their services were terminated in 1986, before the school became an aided institution, and the termination was not approved by the Inspector of Schools. They filed a writ petition seeking …

CENTRAL COOPERATIVE CONSUMERS, STOREversusLABOUR COURT, H.P. AND ANR.

1993 INSC 176Dismissed

The respondent was employed as a sales girl by the Central Cooperative Consumers' Store, a cooperative society, and was allegedly humiliated, harassed and illegally terminated by a new manager without required approval or notice. After a seven‑year delay, the Assistant Registrar declared the …

CIT, MADRASversusBRAKES INDIA LTD.

1993 INSC 141Dismissed

Brakes India Ltd paid a foreign technical director a total remuneration of Rs 66,000, of which Rs 28,576 were perquisites. The Assessing Officer disallowed the portion of perquisites exceeding one‑fifth of the salary under Section 40(c)(iii) of the Income‑Tax Act, 1961. The Appellate Assistant …

STATE OF U.P. AND ANR.versusSYNTHETICS AND CHEMICALS LTD. AND ANR.

1993 INSC 86Dismissed

The State of Uttar Pradesh filed a Special Leave Petition challenging a Allahabad High Court order that allowed Synthetics and Chemicals Ltd. to manufacture industrial alcohol without obtaining a PD‑2 licence and directed the State not to interfere, subject to preventing conversion of industrial …

BISHAMBER DASS KOHLI (DEAD) BY LRS.versusSMT. SATYA BHALLA

1993 INSC 11Appeal(s) allowed

The landlord leased a premises in Chandigarh to the tenant for residential use, but the tenant's husband, a lawyer, set up a small office in part of the premises. The landlord sought eviction under section 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, alleging a change of user without …

KISHAN SINGHversusSTATE OF UTTAR PRADESH

1992 INSC 297Appeal(s) allowed

Kishan Singh was convicted under Section 5(2) of the Prevention of Corruption Act and sentenced to two years' rigorous imprisonment. He appealed to the Allahabad High Court under Section 374 of the Criminal Procedure Code, but the High Court dismissed the appeal for default because neither he nor …