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RANGANATH MISRA

239 judgments · newest first · showing 1–200

M.C. MEHTAversusUNION OF INDIA AND ORS.

1991 INSC 305Disposed off

M.C. Mehta filed a public‑interest writ under Article 32 seeking directions for the government to promote environmental awareness. The Court examined whether it could order cinema halls, television, radio and educational institutions to disseminate environmental messages free of cost and make …

ASHOK KUMAR SINGH AND ORS.versusSTATE OF BIHAR AND ORS.

1991 INSC 307Disposed off

The petitioners, former primary school teachers in Bihar, had their services terminated and sought reinstatement. The High Court directed the State to re‑appoint qualified teachers, including untrained ones where trained candidates were unavailable, and the Supreme Court, on 7 February 1991, …

MITHILESH GARG ETC. ETC.versusUNION OF INDIA AND. ORS. ETC. ETC.

1991 INSC 309Dismissed

The petitioners, existing stage‑carriage operators, challenged the Motor Vehicles Act, 1988’s liberalised permit regime (sections 71, 72 and 80) on the ground that it violated Articles 14 and 19(1)(g) of the Constitution by allowing unlimited new entrants on the same routes. They argued that …

UNION OF INDIA AND ANOTHER ETC. ETC.versusZORA SINGH ETC. ETC.

1991 INSC 311Dismissed

The case concerned lands acquired under the Land Acquisition Act, 1894, where the Collector had made his award on 31 March 1981 and the landowners filed reference applications under Section 18. The High Court had granted benefits under Section 23(1‑A) of the Act, which provides an additional …

THE MATTER OF: CAUVERY WATER DISPUTES TRIBUNALversus-

1991 INSC 304Reference answered

The President referred three questions to the Supreme Court concerning the Cauvery water dispute, the Karnataka Cauvery Basin Irrigation Protection Ordinance (later Act No.27 of 1991), and the powers of the Cauvery Water Disputes Tribunal. The Court held that the Karnataka Ordinance was ultra vires …

C.E.S.C. LTD. ETC.versusSUBHASH CHANDRA BOSE AND ORS.

1991 INSC 295Dismissed

The Calcutta Electricity Supply Corporation (C.E.S.C.) engaged private contractors to excavate, lay and maintain electric lines. The Employees' State Insurance Corporation (E.S.I.C.) directed C.E.S.C. to deduct E.S.I. contributions for the contractors' workers, asserting they were "employees" under …

RADHASOAMI SATSANG, SAOMI BAGH,AGRAversusCOMMISSIONER OF INCOME TAX

1991 INSC 297Appeal(s) allowed

The Radhasoami Satsang, a religious institution, had its income assessed as taxable for several years after an earlier period of exemption, prompting the assessee to challenge the assessments before the Income‑Tax Tribunal, which held that the income was exempt under sections 11 and 12 of the …

UJJAIN VIKAS PRADHIKARANversusRAJ KUMAR JOHRI AND ORS. ETC.

1991 INSC 292Disposed off

The Ujjain Development Authority issued a notification under Section 4(1) of the Land Acquisition Act, 1894 in 1985 to acquire land for Scheme No.23 framed under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973. The respondents challenged the notification before the Madhya Pradesh High …

ALL INDIA JUDGES' ASSOCIATIONversusUNION OF INDIA

1991 INSC 290Disposed off

The All India Judges' Association filed a writ petition under Article 32 seeking directions for the creation of an All‑India Judicial Service and uniform service conditions for the subordinate judiciary, including retirement age, pay, accommodation, transport, library and in‑service training. The …

D.C. OSWALversusV.K. SUBBIAH AND ORS.

1991 INSC 289Appeal(s) allowed

The Supreme Court considered an eviction petition filed by the landlords against the tenant under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging wilful default in rent and a change of use from residential to partly commercial. The tenant argued that rent was collected …

JAGHNATHversusUNION OF INDIA AND ANR.

1991 INSC 283Dismissed

The petitioners, a group of government compositors, sought to be placed in the "highly skilled" Grade‑I category with backdated benefits, relying on a Himachal Pradesh High Court decision in T.R. Thakur’s case that had held seniority‑based classification unreasonable. The Supreme Court examined …

SMT. MEERA GUPTAversusSTATE OF WEST BENGAL AND ORS.

1991 INSC 265Appeal(s) allowed

The appellant, Smt. Meera Gupta, purchased a vacant plot from Smt. Probhavati Poddar, the predecessor-in-interest, after obtaining a decree for specific performance. The predecessor owned a built‑up property (constructed before the Urban Land (Ceiling and Regulation) Act, 1976) and a vacant plot, …

MADHU KISHWAR AND ORS.versusSTATE OF BIHAR

1991 INSC 261Amount Awarded

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

UNION CARBIDE CORPORATION ETC. ETC.versusUNION OF INDIA ETC. ETC

1991 INSC 250Disposed off

The Supreme Court examined the court‑assisted settlement of the Bhopal gas‑leak disaster claims, where Union Carbide Corporation (UCC) agreed to pay $470 million and all civil and criminal proceedings were to be terminated. The Court held that under Article 142 of the Constitution it had …

UNION CARBIDE CORPORATION ETC. ETCversusUNION OF INDIA ETC. ETC.

1991 INSC 251Dismissed

The Union of India sued Union Carbide Corporation (UCC) in the US District Court, which ordered a $5 million interim relief to be paid to the Indian Red Cross Society for Bhopal gas victims, stating the amount was an advance payment and would be set‑off against any final judgment. After the US case …

JASWANT SINGH MATHURA SINGH AND ANR.versusAHMEDABAD MUNICIPAL CORPORATION AND ORS ..

1991 INSC 248Appeal(s) allowed

The appellants, long‑time tenants of a plot that was reconstituted under a town‑planning scheme, challenged the scheme on the ground that the Town Planning Officer failed to serve the special notice required by Rule 21(3) and to give a reasonable opportunity as mandated by Rule 21(4) of the Bombay …

MOHAMMAD MAHIBULLA AND ANRversusSETH CHAMAN LAL (DEAD) BY LRS. AND ORS.

1991 INSC 242Appeal(s) allowed

The Wakf Board filed a suit for declaration of a right of passage, which was dismissed by the trial court, leading it to file a title appeal before the District Judge. Although an exemption allowed a nominal court fee of Rs.15 on the plaint, the memorandum of appeal required a fee of Rs.638, of …

SURJA AND OTHERSversusUNION OF INDIA AND ANR.

1991 INSC 234Appeal(s) allowed

In a writ petition under Article 32 of the Constitution, 55 individuals who had joined the Arya Samaj movement in the former Hyderabad State in the late 1930s claimed entitlement to the Freedom Fighters' Pension Scheme (renamed Swatantrata Sainik Samman Pension Scheme, 1980). They had been convicted …

S. VENKITACHALAM IYERversusS. RAMA IYER

1991 INSC 229Dismissed

The appellant, a trust, owned two parcels of land in Nagercoil and leased them to the respondent, who later purchased a superstructure built by a predecessor. When the respondent defaulted on rent, the trust obtained a decree of ejectment, conditioned on paying compensation for the building. While …

UNION OF INDIA ETC. ETC.versusK.V. JANKIRAMAN ETC. ETC.

1991 INSC 209Disposed off

The Supreme Court examined the “sealed‑cover” procedure used when a government employee’s promotion is pending but disciplinary or criminal proceedings are underway. It held that the procedure can be invoked only after a charge‑memo or charge‑sheet has been served, and that preliminary …

STATE OF KARNATAKA AND ORS.versusV.S.NARAYANA SWAMY

1991 INSC 201Dismissed

The respondent, a licensed retailer of liquor under the Karnataka Excise Act, challenged the validity of Section 23(d) of the Mysore Excise Act, 1965 and Rule 8(1) of the Karnataka Excise (Sale of Indian & Foreign Liquors) Rules, 1968, alleging they were beyond the State's legislative competence. …

LAXMIKANT PANDEYversusUNION OF INDIA & ORS.

1991 INSC 191Case Partly allowed

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

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

1991 INSC 193Hearing Adjourned

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

BANDHUA MUKTI MORCHAversusUNION OF INDIA AND ORS.

1991 INSC 187Appeal(s) allowed

The Supreme Court entertained a writ petition under Article 32 after a letter complained of bonded labour in stone quarries of Faridabad, Haryana. It appointed commissioners and investigators to examine the working conditions and the implementation of the Bonded Labour System (Abolition) Act, 1976 …

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

1991 INSC 189Disposed off

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

GOVERNMENT OF ANDHRA PRADESH & ANR.versusP. RAVINDER & ORS.

1991 INSC 190Appeal(s) allowed

The Government of Andhra Pradesh issued an order on 18 November 1981 granting a 5% weightage to candidates whose basic education was in Telugu medium for appointments to non‑gazetted posts, expressly limiting the benefit to selections made through the State Public Service Commission (SPSC). The …

BANWASI SEVA ASHRAMversusSTATE OF U.P.

1991 INSC 174Disposed off

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

Y. NARASIMHA RAO AND ORS.versusY. VENKATA LAKSHMI AND ANR.

1991 INSC 142Dismissed

The first appellant, married under Hindu law, obtained a divorce decree from a Missouri court on the ground of "irretrievable breakdown" after claiming a 90‑day residence in Missouri, while the parties had actually last lived together in Louisiana. The respondent contested the decree, arguing lack …

STATE OF MAHARASHTRAversusANAND CHINTAMAN DIGHE

1991 INSC 124Appeal(s) allowed

The State of Maharashtra charged Anand Chintaman Dighe under the Indian Penal Code and the Terrorist and Disruptive Activities (Prevention) Act (TADA) for the murder of a municipal corporator, alleging that Dighe had incited violence against political opponents through statements to the press. The …

DELHI DEVELOPMENT AUTHORITYversusDELHI CLOTH MILLS LTD. AND ORS.

1991 INSC 122Disposed off

The Supreme Court had directed the Delhi Development Authority (DDA) to grant conditional approval to Delhi Cloth Mills Ltd.'s (DCM) redevelopment scheme for 63 acres, subject to removal of objections. DDA raised three objections: conformity with the 2001 Master Plan, the incorrect assumption that …

MAHARAJA TOURIST SERVICE ETC. ETC.versusSTATE OF GUJARAT

1991 INSC 117Disposed off

The petitioners, holders of All India Tourist Permits under the Motor Vehicles Acts, challenged the constitutional validity of additional taxes levied by several states on tourist vehicles, arguing that the taxes were neither compensatory nor regulatory and thus violated Articles 19(1)(g) and 301 of …

SRI RABINARAYAN MOHAPATRAversusSTATE OF ORISSA AND ORS.

1991 INSC 83Appeal(s) allowed

Rabinarayan Mohapatra was appointed as a Hindi teacher in an aided school on an 89‑day contract starting 12 July 1982, with successive short‑term renewals and one‑day breaks, but was not paid salary for summer vacations. After 1986 his appointment was not approved by the education authorities, yet …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1991 INSC 75Directions issued

M.C. Mehta, an advocate and chairman of the Environmental Protection Cell, filed a writ petition under Article 32 seeking the closure of hazardous industries and regulation of vehicular and thermal power pollution in Delhi. The Supreme Court examined the constitutional mandate under Articles 48A and …

K. MURUGAN ETC. ETC.versusFENCING ASSN. OF INDIA, JABALPUR & ORS. ETC. ETC

1991 INSC 61Disposed off

The Indian Olympic Association (IOA), a society registered under the Societies Registration Act, 1860, was embroiled in a leadership dispute when a faction of members requisitioned a special general meeting to move a no‑confidence motion against President B.S. Adityan and the Executive Council. The …

K. VENKATA SESHIAHversusKANDURU RAMASUBBAMMA (DEAD) BY LRS.

1991 INSC 53Disposed off

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

BAYER (INDIA) LTD. AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

1991 INSC 25Disposed off

A writ petition before the Bombay High Court challenged a communication of the Municipal Corporation that barred development of a parcel of land near chemical factories. The High Court set aside the communication, thereby affecting the interests of the factory owners who were not parties to the writ …

NIADAR AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ANR. ETC. ETC.

1991 INSC 14

The petitioners filed appeals under Section 54 of the Land Acquisition Act without obtaining the mandatory certificate from the High Court. The Supreme Court Registry sought guidance on whether these petitions could be entertained as Section 54 appeals or should be treated as special leave petitions …

M.L. JAINversusUNION OF INDIA

1991 INSC 11Case Allowed

M.L. Jain, a former High Court Judge, had his pension fixed at Rs 21,500 per annum in 1985, later increased to Rs 46,100 per annum after amendments to the High Court Judges (Conditions of Service) Act, 1954. He challenged the ceiling of Rs 8,000 on the special additional pension imposed by clause …

CHIEF OF ARMY STAFF AND ORS.versusMAJOR S.P. CHADHA

1990 INSC 399Appeal(s) allowed

The respondent, a Lt. Colonel of the Indian Army, was attached to another unit, made to relinquish his acting rank and suspended while disciplinary proceedings were pending for alleged torture leading to a soldier’s death. The Army opted to try him before a General Court‑Martial, but the …

RAMESH ENTERPRISES ETCversusCOFFEE BOARD

1990 INSC 381Dismissed

The appellants, exporters of coffee, participated in a Coffee Board auction on 18 May 1977. Clause 10 of the auction terms provided that any increase or reduction in taxes or duties occurring within 45 days from the date of auction, inclusive of that day, would be shared equally between the Board …

UNION OF INDIA AND ORS.versusMOHD. RAMZAN KHAN

1990 INSC 362Dismissed

The Supreme Court examined whether the deletion of the second stage of disciplinary inquiry by the Forty‑Second Amendment eliminated a civil servant’s right to receive a copy of the inquiry report before a punishment is imposed. It held that despite the amendment, the delinquent remains entitled to …

DR. AJAY KUMAR AGRAWAL AND ORS. ETC.versusSTATE OF U.P. AND ORS.

1990 INSC 359

The petitioners challenged the Uttar Pradesh Government’s decision to fix the internship cut‑off date as 31 December 1990 and to allow candidates who had not completed their house‑manship to sit for the post‑graduate medical selection exam and be admitted, contrary to earlier Supreme Court …

MAJOR SURESH CHAND MEHRAversusDEFENCE SECRETARY (U.0.1.) AND OTHERS

1990 INSC 347Dismissed

The petitioner, a Major in the Indian Army, was accused of assaulting the regimental medical officer during a dispute over a steel almirah. An initial inquiry by the commanding officer found the allegation unsubstantiated, but higher commanders later concluded there was sufficient circumstantial …

A.K. BHATNAGAR AND ORS.versusUNION OF INDIA AND ORS.

1990 INSC 344Appeal(s) allowed

The case concerned 29 employees of the Central Information Service whose ad‑hoc service was regularised in 1977. They claimed that their period of ad‑hoc service (1964‑1977) should be counted for seniority and that they should be placed above regular recruits appointed through examinations up to …

NITYANANDA KAR AND ANR. ETC. ETC.versusSTATE OF ORISSA AND ORS. ETC.

1990 INSC 345Dismissed

The State of Orissa merged two administrative cadres, OAS II and OSAS III, and introduced a 'year of allotment' system to determine seniority. Mergerists challenged the seniority of direct recruits, especially those assigned the year 1972, arguing that the Orissa Administrative Service Class II …

KESHAV CHANDRA JOSHI AND ORS. ETC.versusUNION OF INDIA AND ORS.

1990 INSC 339Appeal(s) allowed

The petitioners, forest officers promoted on an ad‑hoc basis due to the non‑availability of direct recruits, claimed that their continuous service of 5‑12 years should count towards seniority and that their appointments were a relaxation of the recruitment rules under Rule 27. The respondents, …

M.L. SACHDEVversusUNION OF INDIA AND ANR.

1990 INSC 337Appeal(s) allowed

The Supreme Court, hearing a public‑interest writ under Article 32, directed the Union of India to fill the vacancies in the Monopolies and Restrictive Trade Practices Commission within three weeks, later extending the deadline to 7 July 1990. The Union, represented by Secretary A.N. Verma, failed …

H.L. RANDEV AND ORS.versusHIGH COURT OF PUNJAB AND HARYANA AND ORS.

1990 INSC 335Dismissed

The appellants, who were promotees in the Punjab Superior Judicial Service, challenged a seniority list prepared by the Punjab & Haryana High Court that gave seniority to direct recruits appointed before the 1976 amendment of the service rules. The dispute centered on whether seniority should be …

M.C. MEHTAversusSTATE OF TAMIL NADU AND ORS.

1990 INSC 333Disposed off

M.C. Mehta filed a public‑interest writ petition under Article 32 challenging the employment of children in the hazardous match‑making and fireworks factories of Sivakasi, Tamil Nadu. The Supreme Court examined the constitutional mandate of Articles 39(f) and 45, which require protection of children …

SUBHASH SHARMA AND OTHERSversusUNION OF INDIA

1990 INSC 326Disposed off

The Supreme Court entertained three public‑interest writ petitions under Article 32 seeking a mandamus directing the Union of India to fill vacancies in the Supreme Court and the High Courts. The Union initially claimed the issue was non‑justiciable, relying on S.P. Gupta v. Union of India, but …

CENTRAL BOARD OF DIRECT TAXES AND ANR.versusDR. O.N. TRIPATHI AND ORS.

1990 INSC 323Appeal(s) allowed

Dr. O.N. Tripathi and Shri Sinha, direct‑recruit Income Tax Officers, Class‑I, claimed that they were not promoted to Assistant Commissioner in accordance with the seniority list prepared under the Supreme Court directions in Bishan Sarup Gupta and Majji Jangamayya cases. The Central Administrative …

U.P. JUNIOR DOCTORS' ACTION COMMITTEEversusDR. B. SHEETAL NANDWANI AND ORS.

1990 INSC 263Appeal(s) allowed

The Supreme Court examined a scheme in which a fabricated order allegedly issued by a Single Judge of the Allahabad High Court on 25 May 1990 was used to obtain a subsequent order from the Lucknow Bench directing cancellation of the competitive postgraduate medical entrance exam and admission of …

DR. DINESH KUMAR AND ORS.versusMOTI LAL NEHRU MEDICAL COLLEGE, ALLAHABAD AND ORS.

1990 INSC 264IA disposed

The Supreme Court entertained an interlocutory application by the State of Uttar Pradesh and seven medical colleges seeking time to implement the Court's 1987 directions on admission to postgraduate medical courses. The Court held that the directions were clear, unambiguous and left no scope for …

S. HARCHARAN SINGHversusUNION OF INDIA

1990 INSC 258Disposed off

S. Harcharan Singh was contracted to perform hard‑rock cutting for a bridge project at a fixed rate of Rs 129 per 1,000 cft. The work required far more cutting than anticipated, and the contractor claimed a higher rate of Rs 200 per 1,000 cft for the additional work. The dispute over four claims was …

JAMSHEDPUR CONTRACTORS' WORKERS' UNIONversusSTATE OF BIHAR AND ORS.

1990 INSC 249Disposed off

Contract workers employed by Tata Iron and Steel Company, Jamshedpur, performed permanent and regular tasks before 11‑Feb‑1981 and sought permanent employment with the principal employer. The Bihar Government referred the dispute to the Industrial Tribunal under s.10 of the Industrial Disputes Act. …

BAGH AMBERPET WELFARE SOCIETYversusTULSI COOPERATIVE HOUSING SOCIETY AND ORS.

1990 INSC 231Disposed off

The Hyderabad Municipal Corporation, in collaboration with HUDCO, sought to acquire 20.10 acres of land under the Land Acquisition Act, 1894 for a housing project. Tulsi Cooperative Housing Society, claiming a purchase contract with the owners, obtained an exemption under the Urban Land Ceiling Act, …

DR. DAMODAR PANDA ETC.versusSTATE OF ORISSA ETC.

1990 INSC 203Disposed off

The Supreme Court examined two writ petitions filed under Article 32 challenging the enforcement of Section 20 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. The petitioners sought clarification on whether officers of the state from which migrant …

RURAL LITIGATION AND ENTITLEMENT KENDRA AND ORS.versusSTATE OF U.P. AND ORS.

1990 INSC 188Disposed off

The Supreme Court revisited the Doon Valley mining dispute, where earlier orders (30 August 1988) had halted all mining except for a few cases and directed afforestation of the valley. Numerous applications were filed thereafter seeking permission to remove stacked material or extensions of time, …

S.B. SARKAR AND ORS.versusUNION OF INDIA AND ORS.

1990 INSC 166Disposed off

The case concerned Station Masters (SMs) of the South Eastern Railway who claimed that the 1984 restructuring scheme, which applied alternative ‘I’ intended for a combined ASM/SM cadre, was wrongly applied to their zone where the cadre was separate prior to 1983. The appellants argued that the Chief …

D. HANMANTH RAO AND ORS. ETC.versusSTATE OF A.P. AND ORS. ETC.

1990 INSC 158Dismissed

The petitioners, promotee Assistant Engineers of the Andhra Pradesh Roads & Buildings Engineering Service, challenged a seniority list prepared by the State Government after the Supreme Court’s direction in K. Siva Reddy’s case. The Court had ordered that as of 31 December 1982, 37.5% of substantive …

N. NAGARAJA ETC.versusVASANT K. GUDODAGI AND ORS.

1990 INSC 157Dismissed

N. Nagaraja, originally a Lecturer, was deputed to the Karnataka Directorate of Youth Services, confirmed as Assistant Director and temporarily promoted to Deputy Director on 27 March 1978 for six months. A regular promotion order was issued on 20 October 1978, followed by a retrospective order on …

NEW INDIA ASSURANCE CO. LTD.versusRAM DAYAL AND ORS.

1990 INSC 149Dismissed

The case concerned a motor vehicle accident that occurred on 28 September 1984. The owner of the vehicle, Ram Dayal, claimed compensation under the Motor Vehicles Act, 1939, and sought to hold New India Assurance liable under an insurance policy that was taken on the same date as the accident. The …

KRISHNA SAHAI & ORS.versusSTATE OF U.P. & ORS.

1990 INSC 106Disposed off

The petitioners filed a writ petition in the Allahabad High Court challenging the requirement to approach the Uttar Pradesh Public Services Tribunal (UP PST) for a service dispute, arguing that the Tribunal could not grant interim relief. The State contended that the Tribunal provided an alternative …

DR. V.L. CHANDRA AND ORS. ETC.versusALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ORS.

1990 INSC 100Disposed off

The petitioners, long‑serving researchers at the All India Institute of Medical Sciences (AIIMS), challenged the termination of their services after the completion of research projects, alleging that they were entitled to continued employment given their 10‑15 years of service and advanced age which …

MANJEET SINGH, UDC AND ORS. ETC.versusEMPLOYEES STATE INSURANCE CORPN. AND ANR. ETC.

1990 INSC 101Appeal(s) allowed

The Employees State Insurance Corporation (ESIC) prepared a panel to recruit Insurance Inspectors through a written test and interview, but did not prescribe a pass mark for the interview and applied a 40% cut‑off. Unsuccessful candidates challenged the rejection, while successful candidates sought …

V.R. KATARKIversusSTATE OF KARNATAKA AND ORS.

1990 INSC 102Dismissed

V.R. Katarki, a Civil Judge of the Karnataka Judicial Service, was dismissed by the High Court for alleged irregularities in land‑acquisition cases, including writing premature letters to the Land Acquisition Officer, fixing inflated land valuations, using order‑sheets printed by a private advocate, …

C.D. AILAWADIversusUNION OF INDIA & ORS.

1990 INSC 67Dismissed

C.D. Ailawadi, an Audit Officer in the Defence Services, challenged his compulsory retirement order issued under rule 56(j)(i) of the Civil Services Fundamental Rules, claiming he had an unblemished record and that no review had been conducted six months before he turned 50 or completed thirty years …

SMT. YAMUNA MALOOversusANAND SWARUP

1990 INSC 62Appeal(s) allowed

The landlady obtained a limited tenancy for two years under Section 21 of the Delhi Rent Control Act, 1958. After the tenancy expired, the tenant refused to vacate and the landlady applied for a warrant of possession. The tenant raised an objection to the validity of the limited tenancy only after …

VIJAY KUMAR SHARMA & ORS. ETC.versusSTATE OF KARNATAKA & ORS. ETC.

1990 INSC 59Dismissed

The petitioners, a group of contract carriage operators, were denied fresh permits under the Motor Vehicles Act, 1988 because the Karnataka Contract Carriages (Acquisition) Act, 1976 (ss. 14 and 20) barred any new applications and gave a monopoly to the State Transport Undertaking. They challenged …

M.M.R. KHAN AND ORS. ETC.versusUNION OF INDIA AND ORS. ETC.

1990 INSC 60Appeal(s) allowed

The petitioners were workers in railway canteens classified as statutory, non‑statutory recognised, and non‑statutory non‑recognised. They sought to be treated as railway employees and to receive the same service conditions as other railway staff. The Court examined the statutory duty under Section …

SOM RAJ AND ORS. ETC.versusSTATE OF HARYANA AND ORS. ETC.

1990 INSC 53Dismissed

The appellants, employees of the subordinate offices of the Directorates of Agriculture in Punjab and Haryana, sought a direction that they be treated on par with Directorate employees by maintaining a common seniority, arguing that their qualifications, pay scales and selection processes were …

SRISH KUMAR CHOUDHURYversusSTATE OF TRIPURA AND ORS.

1990 INSC 56Dismissed

The appellant, S.K. Choudhury, claimed that the Laskar community of Tripura was historically treated as a Scheduled Tribe and should continue to enjoy reservation benefits. He relied on two pre‑independence circulars and a census report to argue that the Laskar class formed part of the “Deshi …

SUBHASH MEHTAversusDR. S.P. CHOUDHARY (DEAD) BY LRS.

1990 INSC 50Dismissed

Subhash Mehta, a tenant, occupied a residential premises under a lease from Dr. S.P. Choudhary. After being ordered by the Rent Controller under s.15(1) of the Delhi Rent Control Act to pay arrears and future rent by the 15th of each month, Mehta delayed future rent payments, leading the Controller …

HIRALAL CHAWLA & ANR.versusSTATE OF U.P. & ORS.

1990 INSC 32Disposed off

The Supreme Court dealt with writ petitions filed under Article 32 challenging the acquisition of land previously bought by cooperative housing societies for residential purposes when the area was later notified for the New Okhla Industrial Development Authority (NOIDA). The Court examined the …

UNION OF INDIA & ORS.versusK.T. SHASTRI

1990 INSC 4Dismissed

K.T. Shastri, recruited in 1966 as a Senior Scientific Officer in the Defence Science Service, was later placed in the Defence Aeronautical Quality Assurance Service (DAQAS) after the service was trifurcated. In 1985 the Government issued an order raising the superannuation age to 60 years for …

BHANWAR LALversusSMT. PREM LATA & ORS.

1990 INSC 5Appeal(s) allowed

A joint family house was auctioned to satisfy an ex‑parte money decree of Rs 5,557.10. The coparceners objected, the sale was confirmed, and they filed a suit under Order 21 Rule 63 CPC to set aside the sale, valuing the property at Rs 15,000. The trial court dismissed the suit, but the District …

K.M. SHARMAversusDEVI LAL & ORS.

1990 INSC 1Dismissed

K.M. Sharma filed a writ petition challenging the appointment of Shri Devi Lal as Deputy Prime Minister, contending that the oath he took was not the one prescribed by Article 75(4) and Schedule III of the Constitution and that he was still serving as Chief Minister of Haryana when the oath was …

BHAGWATI PRASAD AND ORS.versusDELHI STATE MINERAL DEVELOPMENT CORPORATION

1989 INSC 388Case Allowed

The petitioners, daily‑rated workers of the Delhi State Mineral Development Corporation appointed between 1983 and 1986, filed writ petitions under Article 32 seeking regularisation, equal pay with regular employees, and promotion. The Industrial Tribunal, after hearing both sides, held that the …

PARAS NATH AND ANR. MAMMAN SINGH AND ORS.versusUNION OF INDIA AND ORS.

1989 INSC 365Case Allowed

The petitioners, comprising about 1,000 Dairy Mates and 280 Junior Plant Operatives and Semi‑Skilled Operatives of the Delhi Milk Scheme, challenged their classification as unskilled workers and the corresponding pay scales fixed by the 4th Pay Commission. The Union of India contended that the …

KAILASH CHANDER SHARMAversusSTATE OF HARYANA AND ORS.

1989 INSC 349Disposed off

K.C. Sharma was selected by the Haryana Public Service Commission for the post of Assistant District Attorney and placed 39th in the merit list. The State of Haryana had undertaken that any vacancy arising within one year would be filled by the selected candidates in order of merit, but later …

STATE OF BIHAR AND ORSversusDR. SANJAY KUMAR SINHA AND ORS.

1989 INSC 346Disposed off

A group of medical graduates filed a writ petition challenging the Bihar government's prospectus for 1989 postgraduate medical admissions, which fixed the eligibility cut‑off date as 31 May 1989, allegedly contrary to the Supreme Court’s directions in Dr. Dinesh Kumar v. Motilal Nehru Medical …

GAURAV JAINversusUNION OF INDIA AND ORS.

1989 INSC 347Directions issued

A public interest litigation was filed under Article 32 seeking separate schools and hostels for children of prostitutes. The petitioners argued that such facilities would protect the children from the adverse environment of prostitute homes. The respondents contended that segregation from their …

DR. MS. O.Z. HUSSAINversusUNION OF INDIA AND ORS.

1989 INSC 348Case Allowed

The petitioner, a Group ‘A’ scientist in the non‑medical wing of the Directorate General of Health Services, filed a writ petition under Article 32 seeking parity in pay scales, allowances, and a promotional avenue with his counterparts in the medical wing. The Court examined whether the denial of …

C. RADHAKRISHNA REDDY AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

1989 INSC 343Dismissed

The petitioners, promotee Deputy Executive Engineers of the Andhra Pradesh Engineering Service, challenged a government circular dated 12‑August‑1988 that fixed guidelines for drawing up an inter‑se seniority list of direct recruits and promotees, alleging that it violated the Supreme Court's …

SUSHIL KUMAR METHAversusGOBIND RAM BOHRA

1989 INSC 342Appeal(s) allowed

The landlord Gobind Ram Bohra sued tenant Sushil Kumar Mehta for ejectment, arrears of rent and damages, and obtained an ex‑parte decree from a civil court. Mehta contended that the civil court lacked jurisdiction because the Haryana Urban Rent Control Act, 1973 vests exclusive authority to order …

BHAGWAT DUTT RISHIversusRAM KUMAR

1989 INSC 337Dismissed

The appellant, a retired public officer, sought eviction of a tenant under the East Punjab Urban Rent Restriction Act, 1949, invoking Section 13A which allows a "specified landlord" to recover possession within a year of retirement. The appellant became landlord only after his father's death, i.e., …

UNION OF INDIA AND ORS.versusNAIK SUBEDAR CLK(S) BALESHWAR RAM AND ORS.

1989 INSC 332Appeal(s) allowed

Three army personnel were tried by a General Court Martial for theft, convicted, sentenced and dismissed from service. They challenged the conviction and dismissal before the Guwahati High Court, which set aside both on the ground that the trial violated Rule 22 of the Army Rules, 1954, which …

GOPIKA RANJAN CHOUDHARYversusUNION OF INDIA AND ORS.

1989 INSC 323Appeal(s) allowed

The case concerned the Assam Rifles Force, where a Central Record and Pay Accounts Office (C.R. and P.A.O.) was created at the Headquarters in 1962. Following the Third Central Pay Commission, ministerial staff at the Headquarters were placed on higher pay scales than their counterparts in the …

N.D.M.C.versusSTATESMAN LTD.

1989 INSC 320Directions issued

The New Delhi Municipal Committee (NDMC) rejected revised building plans of Statesman Ltd. on fire‑safety grounds, particularly the provision of refuge areas and the absence of a pedestrian walk‑way and podium required by zoning plans. The Delhi Urban Art Commission and the Chief Fire Officer …

WORKERS OF ROHTAS INDUSTRIES LTD.versusROHTAS INDUSTRIES LTD.

1989 INSC 319Directions issued

The workmen of Rohtas Industries Ltd., whose four industrial units were closed on 9 September 1984, filed a writ petition under Article 32 seeking payment of arrears, compensation and other statutory dues. The Patna High Court had appointed a provisional liquidator, but the Supreme Court, invoking …

STATE OF GUJARAT & ANR.versusPATEL NARANBHAI NATHUBAI & ORS.

1989 INSC 291Appeal(s) allowed

The State of Gujarat issued a preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 on 26 July 1963 and later issued a declaration under Section 6 on 18 January 1969. A writ petition filed in 1972 challenged the declaration on the ground that the 5½‑year gap between the …

KANTHIMATHY PLANTATIONS PVT. LTD.versusSTATE OF KERALA & ORS.

1989 INSC 285Dismissed

The petitioners, KANTHIMATHY PLANTATIONS, challenged the acquisition of their land in Kerala that had been initiated under the Kerala Land Acquisition Act, 1961. The acquisition proceeded to a declaration under section 6 before the Central Land Acquisition Act, 1894 (as amended by Act 68 of 1984) …

SUPREME COURT LEGAL AID COMMITTEEversusUNION OF INDIA & ORS.

1989 INSC 266Directions issued

A public interest writ petition under Article 32 sought enforcement of Articles 14 and 21 for juvenile delinquents, alleging denial of rights under the Juvenile Justice Act, 1986. The Supreme Court, having previously issued directions for implementation, was asked to order the setting up of Advisory …

V. PARUKUTTY MANNADISSIAR & ANR.versusSTATE OF KERALA & ORS.

1989 INSC 267Case Partly allowed

The appellants were awarded 92 acres of forest land by a Kerala High Court decision in MFA No. 401/78 under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The State returned part of the land but later realized it contained valuable timber and refused to issue transit permits for the …

SMT. BHAGWANTI AND ANR.versusUNION OF INDIA

1989 INSC 257Case Allowed

The widows of two retired government servants—Smt. Bhagwanti (ex‑Subedar) and Smt. Sharda Swamy (retired railway employee)—filed writ petitions under Article 32 seeking family pension after their husbands' deaths. The Union of India denied the pensions, relying on Rule 54(14)(b) of the Central Civil …

PT. PARMANAND KATARAversusUNION OF INDIA & ORS.

1989 INSC 256Disposed off

The petitioner, a human‑rights activist, filed a writ under Article 32 seeking a direction that every injured person brought to a hospital be given immediate medical aid, citing a newspaper report of a death where doctors refused treatment pending police formalities. The Union of India, the Medical …

SENIOR SUPDT. OF POST OFFICE & ORS.versusIZHAR HUSSAIN

1989 INSC 237Dismissed

Izhar Hussain, a clerk in the Posts and Telegraph Department, was retired under Rule 2(2) of the Liberalised Pension Rules, 1950, which permits the Government to retire a servant at any time after completing 30 years of qualifying service. He challenged the retirement before the Allahabad High …

DWARKA NATH SHARMAversusUNION OF INDIA & ORS.

1989 INSC 234Appeal(s) allowed

The appellant, recruited as an Assistant Executive Engineer in the Military Engineering Service in 1962, challenged his placement at 483rd position in the 1967 seniority list, arguing that his prior Central Government service should have given him a higher rank. After his suit and subsequent appeals …

JAGDISH PARSAD SINHA & ORS.versusBHAGWAT PRASAD & ORS.

1989 INSC 223Dismissed

The Bihar State Government issued a notification on 18 November 1986 bifurcating the single Secondary Education Service cadre into separate cadres, allegedly to provide quicker promotional avenues for lower‑ranked teachers. The notification was challenged before the Patna High Court, which held that …

SMT. KASTURI (DEAD) BY L.RS.versusGAON SABHA

1989 INSC 215Dismissed

The plaintiff, SMT. Kasturi (deceased), sued Gaon Sabha for a declaration that the inclusion of her disputed property in the Gaon Sabha's land records under the Delhi Land Reforms Act, 1954 was void and that she was entitled to bhumidhari rights under section 11 of the Act. The trial court and the …

RATAN LAL ADUKIA & ANR.versusUNION OF INDIA

1989 INSC 206Dismissed

The appellants filed two suits in Alipore and Calcutta Small Causes Courts seeking compensation for short delivery of goods booked with the Indian Railways. The Union of India contended that, under Section 80 of the Indian Railways Act, 1890 (as amended in 1961), the trial courts lacked …

GURDIAL BATRAversusRAJ KUMAR JAIN

1989 INSC 203Appeal(s) allowed

The appellant rented premises in Jalandhar to operate a cycle and rickshaw repair shop, but also sold televisions there temporarily for about seven months. The landlord sought eviction under Section 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, alleging a change of user. The Rent …

A.S. MITTAL & ORS.versusSTATE OF U.P. & ORS.

1989 INSC 188Disposed off

The Lions Club organized an eye‑camp in Khurja, Uttar Pradesh, inviting Dr. R.M. Sahay to perform cataract surgeries. Post‑operative intra‑ocular infections rendered many operated eyes permanently blind. Two social activists filed a public‑interest writ petition under Article 32 seeking compensation …

UNION CARBIDE CORPORATIONversusUNION OF INDIA ETC.

1989 INSC 179Directions issued

The Bhopal gas leak of December 2, 1984 killed about 2,660 people and injured tens of thousands. The Union of India and Union Carbide Corporation appealed against an interim compensation order of Rs.250 crores. The Supreme Court, considering the urgent need for relief, the range of offers …

ELECTRONICS CORPORATION OF INDIA LTD.versusCOMMISSIONER OF INCOME TAX & ANR.

1989 INSC 168Directions issued

Electronics Corporation of India Ltd entered into an agreement with a Norwegian firm for technical services and sought a No Objection Certificate under s.195(2) of the Income Tax Act, 1961 to remit payments without tax deduction. The Commissioner rejected the application, holding that s.9(1)(vii) …

MODERN HOTEL, GUDUR REPRESENTED BY M.N. NARAYANANversusK. RADHAKRISHNAIAH & ORS.

1989 INSC 141Appeal(s) allowed

The appellant, Modern Hotel, leased a commercial premises for thirty years starting 9 September 1969 and paid an advance of Rs 6,500, of which Rs 1,500 was to be adjusted against rent and the balance of Rs 5,000 was to be refunded after the lease expired. The landlord filed an eviction suit in …

MOHINDER SINGHversusSTATE OF HARYANA & ORS.

1989 INSC 124Appeal(s) allowed

The Haryana Public Service Commission advertised recruitment for District Food and Supplies Officers, requiring five/three years of experience as an executive officer. Inspectors and Sub‑Inspectors of the Food and Supplies Department applied, but the Commission demanded a certificate from the State …

LT. COLONEL K.D. GUPTAversusUNION OF INDIA & ORS.

1989 INSC 120Disposed off

Lt. Colonel K.D. Gupta filed a contempt petition alleging that the Union of India and other respondents had failed to comply with the Supreme Court's April 20, 1988 directions to reconsider his promotion in view of his continued Shape‑I medical categorisation. The Court examined whether the …

SUPREME COURT LEGAL AID COMMITTEEversusUNION OF INDIA & ORS.

1989 INSC 95Directions issued

The Supreme Court entertained a writ petition under Article 32 seeking relief for delinquent children detained in regular jails, in light of the Juvenile Justice Act, 1986. The Court noted that earlier reports from District Judges showed significant numbers of juveniles in regular jails across …

HALLI GOWDA & ORS.versusMANAGING DIRECTOR, K.S.R.T.C. & ANR.

1989 INSC 80Disposed off

Thirty-two bus conductors employed on a daily‑wage basis by the Karnataka State Road Transport Corporation (KSRTC) alleged that the corporation, being a statutory body, is a "State" within Art 12 of the Constitution and that it had discriminated against them by regularising nineteen similarly placed …

UNION CARBIDE CORPORATIONversusUNION OF INDIA AND OTHERS, ETC.

1989 INSC 60Directions issued

The Supreme Court heard a civil appeal concerning the Bhopal gas leak disaster, where Union Carbide Corporation (UCC) sought to resolve all claims arising from the tragedy. After reviewing extensive evidence, including data from U.S. courts and settlement negotiations, the Court deemed a …

DINESHCHANDRA JAMNADAS GANDHIversusSTATE OF GUJARAT AND ANR.

1989 INSC 13Dismissed

The appellant, a small‑time tradesman, was convicted under the Prevention of Food Adulteration Act, 1954 for selling "Kesari coloured sweet supari sali" adulterated with a yellow basic coal‑tar dye. He argued that "supari" (betel nut) should be treated as a "fruit‑product" or a "flavouring agent" …

STATE OF U.P. & ORS.versusMAHARAJA DHARMANDER PRASAD SINGH ETC

1989 INSC 16Case Partly allowed

The lessees of a Nazool lease applied to the Lucknow Development Authority for permission to construct a multi‑storeyed building, which was granted on 31 January 1985. The State Government later issued directions alleging violations of lease conditions and, after a show‑cause notice, cancelled the …

AYYA ALIAS AYUBversusSTATE OF U.P. & ANR.

1988 INSC 356Case Allowed

Ayya alias Ayub, while already in judicial custody for alleged offences, was detained under Section 3(2) of the National Security Act, 1980 on three grounds alleging threats to public order. The petitioner challenged the detention, arguing that the first two grounds (non‑cognizable bus attacks) …

TARSEM LAL GAUTAM & ANOTHERversusSTATE BANK OF PATIALA, AND OTHERS

1988 INSC 318Dismissed

The petitioners, two Grade‑A officers of the State Bank of Patiala, challenged Regulation 7 of the State Bank of Patiala (Officers) Service Regulations, 1979, which placed existing Grade‑A officers into two new grades—Senior Management Grade Scale IV and Middle Management Grade Scale III—based …

STATE OF BIHARversusMURAD ALI KHAN, FARUKH SALAUDDIN & VIKRAM SINGH

1988 INSC 316Appeal(s) allowed

The State of Bihar filed a complaint under the Wild Life (Protection) Act, 1972 alleging that the accused killed an elephant and removed its tusks. A Judicial Magistrate took cognizance of the offence and issued summons, while a parallel police investigation under the Indian Penal Code was ongoing. …

RAKESH CHANDRA NARAYANversusSTATE OF BIHAR

1988 INSC 303Hearing Adjourned

A public‑interest writ under Article 32 of the Constitution was filed concerning the deplorable conditions at the Mental Hospital, Kanke, Ranchi. The Court ordered the State of Bihar to file a counter‑affidavit and directed a Chief Judicial Magistrate to inspect the hospital, whose report revealed …

ROOP CHAND ADLAKHA AND ORS.versusDELHI DEVELOPMENT AUTHORITY AND ORS.

1988 INSC 299Appeal(s) allowed

The Delhi Development Authority (DDA) adopted CPWD rules that required different periods of service for promotion of Graduate Engineers (3 years as Junior Engineers) and Diploma‑Holder Engineers (8 years) to Assistant Engineer, and similarly different experience for promotion to Executive Engineer. …

SUBE SINGH & ORS. ETC. ETC.versusSTATE OF HARYANA & ORS.

1988 INSC 292Dismissed

The petitioners, adolescents under twenty‑one, were convicted of murder under Section 302 of the Indian Penal Code and sentenced to life imprisonment. They sought relief under Section 5 of the Punjab Borstal Act, 1926, which allows detention in a Borstal Institution in lieu of transportation or …

JAYANTI KUMAR SINHAversusUNION OF INDIA & ORS.

1988 INSC 282Dismissed

Dr. J.K. Sinha, a Scientist (E) at the Defence Electronics Research Laboratory, was compulsorily retired under Article 459(h) of the Civil Services Regulations. He challenged the order before the Central Administrative Tribunal, alleging a clean service record, bias arising from a grievance he …

KUSHESHWAR DUBEYversusBHARAT COKING COAL LTD. & ORS.

1988 INSC 263Appeal(s) allowed

The appellant, an electrical helper at Bharat Coking Coal Ltd., was charged with assaulting a supervising officer and faced both a criminal prosecution and disciplinary proceedings initiated by his employer. He filed a civil suit seeking an injunction to stay the disciplinary action pending the …

CHARAN SINGHversusBIRLA TEXTILES & ANR.

1988 INSC 256Dismissed

The appellant, a former employee of the respondent firm, resigned in May 1983 and applied for payment of gratuity, which the employer failed to determine. The statutory controlling authority quantified the gratuity at Rs.16,380 and ordered payment of 9% compound interest under Section 8 of the …

RURAL LITIGATION & ENTITLEMENT KENDRAversusSTATE OF U.P.

1988 INSC 254Disposed off

The Supreme Court entertained a public‑interest writ filed by Rural Litigation & Entitlement Kendra alleging illegal limestone mining in the Mussoorie‑Dehradun belt that was harming the ecology and forest cover. Several expert committees (Bhargava, Working Group, Bandyopadhyay) classified the mines …

SHEELA BARSEversusUNION OF INDIA & ORS.

1988 INSC 249Dismissed

Sheela Barse filed a public interest writ (Criminal) seeking the release of children detained in jails and various remedial measures. Dissatisfied with delays and alleging loss of dignity, she filed a miscellaneous petition to withdraw the main PIL, claiming a right to be the petitioner‑in‑person …

NYADAR SINGH & ANR.versusUNION OF INDIA & ORS.

1988 INSC 236Disposed off

The Supreme Court examined two appeals by government servants, Nyadar Singh and M.J. Ninama, who had been punished with "reduction in rank" under Rule 11(vi) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, to posts lower than those to which they were directly …

DR. JEEVAK ALMASTversusUNION OF INDIA & ORS.

1988 INSC 220Disposed off

Dr. Jeevak, an unsuccessful candidate in the All India Entrance Examination for postgraduate medical seats, filed a writ petition seeking to declare clauses 11 and 15(g) of the bulletin illegal, to quash the list of successful candidates, and to obtain a mandamus directing his admission to the …

P. SIVASWAMYversusSTATE OF ANDHRA PRADESH

1988 INSC 216Disposed off

The Supreme Court entertained a public‑interest writ petition filed by P. Sivaswamy after a social organisation’s letter alleged widespread bonded labour in stone quarries of Andhra Pradesh. The Court directed the State of Andhra Pradesh and the concerned states of Tamil Nadu, Karnataka and Orissa …

SURINDER NATH KAPOORversusUNION OF INDIA & ORS.

1988 INSC 202Disposed off

The Supreme Court examined a garnishee order issued under section 226(3)(x) of the Income Tax Act, 1961, which sought payment of Rs.8,56,377.55 despite the notice specifying only Rs.2,86,450. The Court held that because the amount in the order was not mentioned in the notice, the garnishee order was …

NARENDRA NATH PANDEY & ORS.versusSTATE OF U.P. & ORS.

1988 INSC 181Appeal(s) allowed

The appellants, appointed as direct recruits to the Uttar Pradesh Provincial Civil Service, challenged seniority lists that placed demobilised armed‑forces officers (respondents) above them. The respondents had been recruited under the Uttar Pradesh Non‑Technical (Class‑II) Services (Reservation of …

COMMERCIAL AVIATION & TRAVEL COMPANY & ORS.versusVIMAL PANNALAL

1988 INSC 173Dismissed

The plaintiff, Mrs. Vimal Duti, filed a suit for dissolution of partnership and for accounts, valuing the suit at Rs.25 lakhs for jurisdiction and Rs.500 for court fee. The defendants contended that the valuation for court fee was grossly undervalued and sought dismissal of the plaint under Order …

D.K. AGARWALversusHIGH COURT OF JUDICATURE AT ALLAHABAD

1988 INSC 166Appeal(s) allowed

The appellant, a retired District and Sessions Judge of the Uttar Pradesh Higher Judicial Service, sought the grant of super‑time scale recommended by the Selection Committee. The Full Court of the Allahabad High Court repeatedly rejected the recommendation, relying on adverse allegations made by …

MEHMOOD ALAM TARIQ AND ORS. ETC.versusSTATE OF RAJASTHAN & ORS. ETC.

1988 INSC 168Appeal(s) allowed

The Rajasthan Public Service Commission, in its 1985 recruitment for the Administrative, Police and Forest Services, required candidates to obtain at least 33% marks in the viva‑voce (interview) as a condition for selection. Several candidates who failed to meet this cut‑off challenged the provision …

MRIDULA AVASTHI & ORS. ETC.versusUNIVERSITY OF DELHI & ORS.

1988 INSC 122Disposed off

The petitioners challenged the University of Delhi's 1988 admission scheme for postgraduate medical courses, which, as a transitory measure, barred candidates who had completed a one‑year housemanship (seniors) from the new three‑year degree and two‑year diploma programmes and used a single common …

DES RAJ, ETC. ETC.versusSTATE OF PUNJAB & ORS. ETC.

1988 INSC 111Appeal(s) allowed

The Supreme Court examined three appeals filed by employees of the Irrigation Departments of Punjab and Haryana who sought relief under the Industrial Disputes Act, 1947, after their applications were rejected by the Labour Court on the ground that the employer was not an ‘industry’. The Court …

LT. COL. K.D. GUPTAversusUNION OF INDIA & ORS.

1988 INSC 113Case Partly allowed

Lt. Colonel K.D. Gupta, a permanent commission officer, was repeatedly subjected to psychiatric examinations that led to his medical category being downgraded from Shape‑I to Shape‑II and treated as a Major, despite no formal order reducing his rank. He challenged these actions before the Supreme …

BABU RAM & ORS.versusGRAM SABHA BUHAVI & ANR.

1988 INSC 95Dismissed

The appellants filed a suit in a Subordinate Court seeking a declaration of ownership over 124 acres, asserting that the Gram Sabha had no interest. The trial court transferred the suit to the Assistant Collector under Section 13B of the Punjab Village Common Lands (Regulation) Act, 1961, on the …

T.J. STEPHEN & ORS.versusPARLE BOTTLING CO. (P) LTD. & ORS.

1988 INSC 80Disposed off

The Deputy Chief Controller of Imports and Exports filed a complaint under Section 5 of the Imports and Exports (Control) Act, 1947 against Parle Bottling Co. Ltd. and its Managing Director, alleging contravention of licence conditions. The complaint was transferred to another magistrate court, …

BIGYAN KUMAR & ORS.versusUNION OF INDIA & ORS.

1988 INSC 78Disposed off

The Supreme Court had issued directions in Writ Petition (Civil) No. 591 of 1987 ordering the reinstatement and accommodation of petitioner No. 9 and other employees of the Pension Paying Office in Pokhara, Nepal. A contempt petition was filed alleging that the respondents, including the …

GENERAL OFFICER COMMANDING-IN-CHIEF & ANR.versusSUBHASH CHANDRA YADAV & ANR.

1988 INSC 60Dismissed

The respondent, Subhash Chandra Yadav, was appointed as Sub‑Charge of the Cantonment General Hospital, Lucknow, and later transferred to Varanasi under Rule 5‑C of the Cantonment Funds Servants Rules, 1937. He challenged the transfer, arguing that Rule 5‑C, which permits inter‑Board transfers, …

K.V. SUBBA RAO & ORS. ETC.versusGOVERNMENT OF ANDHRA PRADESH & ORS.

1988 INSC 55Dismissed

The Andhra Pradesh Revenue Subordinate Service Rules, 1961 provided for appointment of Deputy Tehsildars by direct recruitment or transfer, with seniority to be determined under Rule 33(a) of the General Rules. Direct‑recruit Deputy Tehsildars challenged the seniority accorded to them over promotee …

K. SIVA REDDY & ORS. ETC.versusSTATE OF ANDHRA PRADESH & ORS.

1988 INSC 56Disposed off

The petitioners, directly recruited Assistant Engineers, challenged the Chief Engineer's order that retrospectively regularised the temporary service of promotees from 1972‑75 to the Assistant Engineer cadre, alleging it violated the Andhra Pradesh (Roads and Buildings) Engineering Service Rules, …

DESOOLA RAMA RAO & ANR.versusSTATE OF ANDHRA PRADESH & ORS.

1988 INSC 57Dismissed

The appellants, directly recruited Assistant Engineers in 1966, claimed promotion to Executive Engineer on the basis that they were senior to promotee Assistant Engineers (respondents 3 and 4) who had been temporarily appointed in 1959‑1960 and regularised in 1961 under Rule 23(a) of the Andhra …

SPACO CARBURETTORS (INDIA) LTD.versusCOLLECTOR OF CUSTOMS, BOMBAY

1988 INSC 58Appeal(s) allowed

Spaco Carburetiors (India) Ltd imported a special purpose complex machine used to plug holes in carburetor bodies with lead shots. The Revenue classified it under entry 84.59 of the Customs Tariff (residuary entry) attracting 60% duty, while the importer argued it fell under entry 84.45/48 (machine …

BAKULBHAI AND ANR.versusGANGARAM & ANR.

1988 INSC 22Appeal(s) allowed

Bakulabai filed a Section 125 CrPC application for maintenance for herself and her son, claiming a lawful marriage with Ganga Ram, who denied the marriage and alleged prior existing marriages. The Judicial Magistrate granted maintenance, but the Sessions Judge reversed the decision; the High Court …

SMT. YAMUNABAI ANANTRAO ADHAVversusANANTRAO SHIVRAM ADHAV AND ANOTHER

1988 INSC 25Dismissed

Smt. Yamunabai married Anantrao Shivram Adhav in June 1974 while he already had a living wife. The marriage, performed under Hindu rites, was challenged for maintenance under Section 125 of the Criminal Procedure Code. The trial court and the Bombay High Court dismissed her claim. The Supreme Court …

INDIAN CEMENT AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

1988 INSC 5Case Allowed

The petitioners, cement manufacturers and their stockists, challenged three tax notifications—two by Andhra Pradesh (under its General Sales Tax Act and the Central Sales Tax Act) and one by Karnataka—reducing the sales tax rate on cement. They argued that the notifications created discriminatory …

SUBHASH CHANDversusSTATE OF HARYANA AND ORS.

1988 INSC 2Dismissed

Subhash Chand, an adolescent convicted of murder under IPC s.302 and sentenced to life imprisonment, filed a writ petition under Article 32 seeking detention under the Punjab Borstal Act, 1926, relying on Hava Singh v. State of Haryana. The State opposed, arguing that the Act does not apply to …

SMT. BEENA TIWARI & ANR. ETC.versusSTATE OF MADHYA PRADESH & ANR. ETC.

1987 INSC 384Disposed off

The appellants, appointed as Civil Judges on temporary and officiating basis, were not confirmed after their probationary periods and were terminated under Rule 12 of the Madhya Pradesh Government Servants (Temporary and Quasi‑Permanent) Rules, 1960. They contended that Rule 3‑A, which deems a …

NIRMAL KUMAR CHOUDHARY & ORS. ETC.versusSTATE OF BIHAR AND ORS., ETC.

1987 INSC 379Appeal(s) allowed

The case concerned the amalgamation of three separate engineering wings—Irrigation, Minor Irrigation and River Valley Projects—within the Bihar Department of Agriculture and the preparation of a combined gradation list. The State had merged the Irrigation and River Valley cadres in 1969 and later …

J.L. NANDAversusSMT. VEENA NANDA

1987 INSC 373Dismissed

The husband filed a petition for divorce on the grounds of cruelty and desertion, alleging that his wife's continual quarrels and behavior forced him to live separately and caused a nervous breakdown requiring hospitalization. The trial court granted the divorce, but the High Court reversed the …

A.N. SHASHTRIversusSTATE OF PUNJAB & ORS.

1987 INSC 375Appeal(s) allowed

A.N. Shastri, a professor in Ayurvedic medicine, was promoted to Director of Ayurved under the Punjab Ayurvedic Department Rules, 1963. Former students filed a writ of quo warranto alleging that he lacked the required five‑year regular course degree for the post. The Punjab and Haryana High Court …

TEKRAJ VASANDI ALIAS K.L. BASANDHIversusUNION OF INDIA & OTHERS

1987 INSC 369Disposed off

The appellant, an employee of the Institute of Constitutional and Parliamentary Studies (ICPS), was dismissed in a disciplinary proceeding and challenged the order before the High Court, which held that ICPS was not a "State" within Article 12 and thus not amenable to writ jurisdiction. The Supreme …

SRI K. PRASAD & ORS.versusUNION OF INDIA & ORS.

1987 INSC 370Case Partly allowed

The case concerned seniority disputes between initial recruits (direct recruits under rule 4(2)) and officers recruited later through the Special Selection Board (SSB) under the initial recruitment provisions of the IFS Recruitment Rules. The Court examined whether the SSB must consider all eligible …

SANJA Y SURI & ANR.versusDELHI ADMINISTRATION, DELHI & ANR.

1987 INSC 367Disposed off

The Supreme Court entertained public‑interest writ petitions filed by a news editor and a trainee sub‑editor concerning mal‑administration in Tihar Central Jail, especially the treatment of juvenile under‑trials. The Court, after ordering a District Judge’s inquiry, found that juveniles were being …

AARTI GUPTA AND ORS.versusSTATE OF PUNJAB AND ORS.

1987 INSC 366Dismissed

The Punjab Government, invoking a need to fill 100 seats reserved for Scheduled Castes and Scheduled Tribes in MBBS/BDS courses, lowered the minimum qualifying marks for these categories from the 40% prescribed by the Indian Medical Council (MCI) Regulation II to 35% and later to 25% for the 1987 …

RAM KUMAR & ORS.versusUNION OF INDIA & ORS.

1987 INSC 357Disposed off

The petitioners, casual labourers employed for 10-16 years in the Northern Railway's construction department, filed writ petitions alleging they were denied temporary status, equal pay, and regularisation despite continuous service. The respondents contended that some petitioners had already been …

ALL BIHAR CHRISTIAN SCHOOLS ASSOCIATION AND ANOTHER.versusSTATE OF BIHAR AND OTHERS.

1987 INSC 349Dismissed

The All Bihar Christian Schools Association, a religious minority society, challenged the Bihar Non‑Government Secondary Schools (Taking over of Management and Control) Act, 1981, alleging that sections 3 and 18 interfered with its Article 30(1) right to establish and administer minority schools. …

VINOD KUMAR SINGHversusBANARAS HINDU UNIVERSITY & OTHERS

1987 INSC 324Appeal(s) allowed

Vinod Kumar Singh, who scored 54.4% in his LL.B., was denied admission to the M.A. Law programme of Banaras Hindu University because the university required a minimum of 55%. He filed a writ petition. The Allahabad High Court Division Bench pronounced a judgment in open court on 28 July 1986 …

JOHNEY D' COUTOversusSTATE OF TAMIL NADU

1987 INSC 312Appeal(s) allowed

The appellant, a young clearing and forwarding agent, was detained under section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. At the Advisory Board hearing, he requested that a retired Assistant Collector of Central Excise assist him as a …

MUNICIPAL BOARD OF ABU ROADversusJAISHIV & ORS. ETC.

1987 INSC 291Appeal(s) allowed

The State Government of Rajasthan, under section 104 of the Rajasthan Municipalities Act, 1959, issued notifications revising octroi rates for cloth in the Abu Road municipality (1964) and later for all cloth in Sujangarh municipality (1976). Both were challenged on the ground of discrimination and …

K.S. VORA AND OTHERSversusSTATE OF GUJARAT AND OTHERS

1987 INSC 294Dismissed

The appellants, who had joined the Gujarat Subordinate Secretariat Service as clerks‑cum‑typists before the 1960 bifurcation of Bombay State, challenged the Gujarat Subordinate Secretariat Service (Seniority of Assistants) Rules, 1977. The Rules, framed with retrospective effect from May 1, 1960, …

RAVINDRA KUMAR MISRAversusU.P. STATE HANDLOOM CORPORATION LTD. & ANR.

1987 INSC 284Dismissed

R.K. Misra, a temporary employee of the Uttar Pradesh State Handloom Corporation, was suspended in 1982 on allegations of misconduct and later had his services terminated by notice with one month's salary in lieu, as permitted by Rule 63 of the Corporation's service rules. He challenged the …

K. MADHAVAN AND ANR. ETC.versusUNION OF INDIA AND ORS. ETC.

1987 INSC 276Appeal(s) allowed

The Supreme Court examined two sets of writ petitions concerning seniority disputes in the Central Bureau of Investigation (CBI). In the first, petitioners K. Madhavan and Santunu Sen challenged a seniority list that placed O.P. Sharma senior to them by assigning him a notional appointment date of …

CHARAN LAL SAHUversusUNION OF INDIA & ANR.

1987 INSC 277Dismissed

An advocate filed a writ petition under Article 32, styled as a public interest litigation, alleging that the Supreme Court judges were influenced by Western law, had become a constitutional liability, and were sleeping on important issues. The petition used unsavoury language and appeared designed …

A. SUDHAversusUNIVERSITY OF MYSORE & ANR.

1987 INSC 271Appeal(s) allowed

A. Sudha, who had secured 54.7% in her B.Sc. but only 43.1% in the PUC (Physics, Chemistry, Biology), was admitted to a private medical college based on a letter from the college principal stating she was eligible for MBBS admission. The university later cancelled her admission, citing the …