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294 judgments · newest first · showing 1–200

ZIPPERS KARAMCHARI UNIONversusUNION OF INDIA AND ORS.

1998 INSC 343Dismissed

The Zippers Karamchari Union filed a writ petition under Article 32 seeking to quash the Central Government's permission to YKK for setting up an integrated plant for zip fasteners and to set aside Notification No. S.O. 309(E) dated 30 May 1986, alleging that the de‑reservation of zip‑fastener …

K.MUTHUSWAMI GOUNDERversusN. PALANIAPPA GOUNDER

1998 INSC 327Dismissed

The dispute involved two competing auction purchasers over a suit property that had been subject to a 1950 security deed (Exhibit A6) executed to raise an attachment before judgment. The trial court held that Exhibit A6 created a charge, granting the appellant a right to redeem the first mortgage …

NATIONAL BUILDING CONSTRUCTION CORPORATIONversusS. RAGHUNATHAN AND ORS.

1998 INSC 325Case Allowed

The respondents, engineers deputed from the Central Public Works Department to the National Building Construction Corporation (NBCC) for projects in Iraq, were paid a foreign allowance of 125% of their basic salary. After the Fourth Pay Commission revised their basic pay, they sought a direction …

DR. DURYODHAN SAHU AND ORS.versusJITENDRA KUMAR MISHRA AND ORS.

1998 INSC 318Appeal(s) allowed

The Orissa Public Service Commission advertised a post of Junior Teacher (Lecturer) in Surgical Gastroenterology, requiring an M.S. degree with two years of special training in a Medical Council of India‑recognised institution. Dr. D. Sahu, a qualified surgeon who had acquired such training while …

PUNJAB NATIONAL BANK AND ORS.versusSH. KUNJ BEHARI MISRA ETC.

1998 INSC 311Dismissed

Punjab National Bank (PNB) initiated disciplinary proceedings against two assistant managers, Misra and Goel, after a Rs 1 lakh shortage was discovered in a currency chest. An inquiry officer found Misra guilty of only one charge and exonerated Goel of all charges, but the bank's disciplinary …

FOOD CORPORATLON OF INDIAversusOM PRAKASH SHARMA AND ORS.

1998 INSC 308Dismissed

The Food Corporation of India (FCI) amended its Staff Regulations in 1976 and 1977 (30th and 43rd Amendments) to require three years of service for graduates and five years for non‑graduates for promotion to Assistant Grade‑I and II posts. Non‑graduate employees filed writ petitions in several High …

UNION OF INDIA AND ORS.versusS.N. DUBEY AND ORS

1998 INSC 305Case Allowed

The respondent, S.N. Dubey, a non‑State Civil Service officer appointed to the Indian Administrative Service in 1981, was assigned the year 1977 as his "year of allotment" for seniority purposes under the proviso to Rule 3(3)(c) of the IAS (Regulation of Seniority) Rules, 1954. He challenged this …

A.P.S.R.T.C ETC. ETCversusSTATE TRANSPORT APPELLATE TRIBUNAL AND ORS.

1998 INSC 299Appeal(s) allowed

The Supreme Court examined the interpretation of Rule 258(2)(ii) of the Andhra Pradesh Motor Vehicles Rules, 1989 in the context of a scheme notified under Section 100(3) of the Motor Vehicles Act, 1985. Bus operators sought town‑service permits for routes extending beyond 8 km from municipal …

MEGHRAJ URKUDAJI TEMPLEversusSTATE OF MAHARASHTRA

1998 INSC 296Dismissed

The appellant, an Executive Engineer who turned 50 in May 1985, was not reviewed under the 1983 circular that required performance review before age 50. Instead, his case was reviewed in June 1987 under a later 1986 circular that raised the performance standard to "not below good" and ordered his …

UNION OF INDIA AND ANR.versusS.P. ANAND AND ORS.

1998 INSC 294Case Allowed

The Union of India appealed against a Madhya Pradesh High Court order that issued notice in a writ petition seeking to direct the Chief Justice of India to appoint Indore as a seat for the Supreme Court. The Supreme Court examined whether the writ petition raised any arguable or triable issue under …

B.V. SIVAIAH AND ORS.versusK. ADDANKI BABU AND ORS.

1998 INSC 262Dismissed

The Supreme Court examined the meaning of the "seniority‑cum‑merit" criterion prescribed in the Regional Rural Banks (Appointment & Promotion of Officers and Other Employees) Rules, 1988 and applied it to promotions of officers to Area/Senior Manager posts in several banks. It held that …

UNION OF INDIAversusM/S. MUSTAFA AND NAJIBAI TRADING CO. AND ORS.

1998 INSC 260Case Allowed

The Union of India appealed against the Bombay High Court's order that set aside the customs collector's confiscation of prohibited goods and the vessel MANSC0‑3 under Sections 111(d), 111(f) and 115(2) of the Customs Act, 1962. The High Court had held that the vessel's arrival time for the 24‑hour …

M/S. NORTHERN PLASTIC LTD. ETC.versusCOLLECTOR OF CUSTOMS AND CENTRAL EXCISE ETC.

1998 INSC 254Appeal(s) allowed

Northern Plastic Ltd. imported 59 jumbo rolls of unexposed photographic colour films, describing them in the Bill of Entry as "Cinematographic Colour Films (Unexposed) Positive" and claimed customs and counter‑vailing duty exemptions under an Open General Licence. Customs authorities held the …

BAKELITE HYLAM LTD. ETC .versusCOLLECTOR OF CENTRAL EXCISE, HYDERABAD

1998 INSC 255Case Partly allowed

Bakelite Hylam Ltd., a manufacturer of laminated sheets made from paper, cotton fabric and glass fabric (known as Prepeg‑P, Prepeg‑F and Prepeg‑G), challenged the classification of its products under the Central Excise Tariff. The Tribunal had placed Prepeg‑F under Item 19(III), Prepeg‑P under Item …

DIRECTOR OF EDUCATION (SECONDARY) AND ANR.versusPUSHPENDRA KUMAR AND OTHERS

1998 INSC 234Appeal(s) allowed

The case concerned dependents of teaching and non‑teaching staff of non‑government aided schools in Uttar Pradesh who, after the death of the employee, applied for compassionate appointment under the U.P. Intermediate Education Act, 1921. The District Inspector appointed them to Class IV posts, but …

DR. ANURADHA BODI AND ORS. ETC. ETC.versusMUNICIPAL CORPORATION OF DELHI AND ORS .

1998 INSC 224Dismissed

Petitioners were appointed as General Duty Medical Officer Grade II by the Delhi Municipal Corporation between 1982 and 1985 on a purely ad‑hoc, stop‑gap basis, with explicit terms that the posts would be regularised only after passing the UPSC examination. After appearing before UPSC, they were …

INDIAN BANKversusMAHARASHTRA STATE CO-OPERATIVE MARKETING FEDERATION LTD.

1998 INSC 217Appeal(s) allowed

Indian Bank filed a summary suit under Order 37 of the CPC against Maharashtra State Co‑operative Marketing Federation Ltd for recovery under a Letter of Credit. The Federation had earlier instituted a regular suit against the Bank and sought a stay of the summary suit invoking Section 10 of the …

DATTATRAYA MARUTI BAWALEKAR AND ORS.versusPANDURANG DAGADU PARTE

1998 INSC 208Dismissed

The appellants were elected as independent councillors to the Mahabaleshwar Devasthan Municipal Council in December 1996. Shortly after the election they formed a front called Mahabaleshwar Giristhan Nagar Parishad Shahar Vikas Aghadi and nominated a candidate for the council's president, issuing a …

UNION OF INDIA AND OTHERSversusK.G. RADHAKRISHNA PANICKER AND OTHERS

1998 INSC 200Disposed off

The case concerned Project Casual Labour employees of the Southern Railway who were later absorbed into regular posts and sought to have their service rendered before 1 January 1981 counted as qualifying service for pension and other retiral benefits. The Railway Board’s 1980 order allowed half of …

M/S INDIAN STEAMSHIP CO. LTD.versusUNION OF INDIA AND ANR.

1998 INSC 189Appeal(s) allowed

The appellant owned the vessel M.V. Indian Resolve which arrived at Calcutta carrying a mixed cargo that included 1,22,400 cigarettes. A shortage of 45,000 cigarettes was later discovered, and the Additional Collector of Customs invoked Section 115(1)(e) of the Customs Act, 1962 to confiscate the …

SUPREME COURT BAR ASSOCIATIONversusUNION OF INDIA

1998 INSC 183Case Allowed

The Supreme Court Bar Association filed a writ petition challenging the Supreme Court's order in Vinay Chandra Mishra, which suspended an advocate's licence for three years while punishing him for criminal contempt. The Court examined whether Articles 129 and 142 of the Constitution empower the …

P.V. NARASIMHA RAO ETC. ETC.versusSTATE (CBL/SPE) ETC. ETC.

1998 INSC 185Disposed off

The Supreme Court examined whether Members of Parliament (MPs) could claim immunity under Article 105(2) of the Constitution for offences of offering or accepting bribes to influence their speech or vote in Parliament, and whether they fall within the definition of "public servant" under the …

M/S THERMAX LTD.versusCOLLECTOR OF CENTRAL EXCISE

1998 INSC 180Case Partly allowed

Thermax Ltd. manufactured high‑pressure boilers and, in addition to the price of the boilers, separately charged customers for design, engineering, installation and commissioning services. The Assistant Collector of Central Excise and the Customs, Excise and Gold (Control) Appellate Tribunal held …

L.C.A.R.versusSATISH KUMAR AND ANR.

1998 INSC 164Case Allowed

The Agricultural Research Service (ICAR) revised its scientists' pay scales and service rules retrospectively to align with the UGC pay package effective 1 January 1986. The respondent, a Scientist S‑1 appointed in 1982, claimed a vested right to promotion under the old five‑yearly assessment …

VINOD SHARMA AND ORS.versusDIRECTOR OF EDUCATION [BASIC] U.P. AND ORS.

1998 INSC 146Appeal(s) allowed

The appellants, assistant teachers of the primary sections in a recognised junior high school in Uttar Pradesh, filed writ petitions seeking payment of their salaries under the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978. The Allahabad High Court …

UNION OF INDIA AND ORS.versusM/S ORIENT ENTERPRISES ETC.

1998 INSC 129Appeal(s) allowed

The respondents, M/s Orient Enterprises, imported skimmed milk powder which the Customs Collector deemed undervalued and ordered confiscation, allowing redemption on payment of a fine, penalty and additional duty. The revenue’s appeal against the Tribunal’s order that the goods were lawfully …

RAVINDRA KUMAR RAIversusSTATE OF MAHARASHTRA AND ORS.

1998 INSC 116Appeal(s) allowed

The petitioner sought a writ directing the State of Maharashtra to hold a Common Entrance Examination for admission to its medical colleges, invoking Regulation 5(2) of the Medical Council of India’s 1997 Regulations. Maharashtra argued it fell under Regulation 5(3) because the CBSE board …

CHINMOY MOULIK AND ORS.versusDAMODAR VALLEY CORPORATION AND ORS.

1998 INSC 77Dismissed

Damodar Valley Corporation (DVC) recruited both science graduates and engineering diploma holders as Assistant Operators/Operators between 1969 and 1977. Later DVC decided to upgrade all existing diploma engineers to the rank of Assistant Controller and to create a separate Sub‑ordinate Engineering …

MIRAH EXPORTS PVT. LTD.versusCOLLECTOR OF CUSTOMS

1998 INSC 61Appeal(s) allowed

Mirah Exports Pvt. Ltd. and other importers brought ball bearings from SKF at discounts of 50‑70% to the published price list. The Customs authorities issued show‑cause notices alleging undervaluation and relied on the 1981‑82 price list, contending that discounts above 20% were not admissible under …

THE COMMISSIONER OF INCOME-TAX, MADRASversusURMILA RAMESH

1998 INSC 40Dismissed

The respondents, shareholders of a company in voluntary liquidation, received dividends from the liquidator after the sale of the company's assets. The sale proceeds exceeded the written‑down value of the assets but were less than the original purchase price, so the excess was taxed in the company …

U.P. AVAS EVAM VIKAS PARISHADversusJAINUL ISLAM AND ANR.

1998 INSC 31Dismissed

The Uttar Pradesh Avas Evam Vikas Parishad (Parishad) acquired over 200 acres of land for a housing scheme under its 1965 Act and determined compensation at Rs 30 per sq yd, which landowners contested, claiming Rs 150 per sq yd. The Civil Court fixed Rs 150 per sq yd with a 10 % deduction; the High …

SURESH CHANDRA SHARMAversusCHAIRMAN, UPSEB AND ORS.

1998 INSC 13

The Supreme Court entertained a public interest writ petition under Article 32 concerning large‑scale electricity theft, loss of coal wagons and related malpractices by the Uttar Pradesh State Electricity Board (UPSEB). After hearing counsel for the petitioners, the State, UPSEB and an amicus …

COLLECTOR OF CENTRAL EXCISEversusNEW TOBACCO CO.

1998 INSC 10Dismissed

The Collector of Central Excise appealed against New Tobacco Co. challenging the company's claim that a Central Excise notification dated 30‑Nov‑1982 became effective only when it was made available to the public on 8‑Dec‑1982, not on the date of its printing in the Gazette. The company had paid …

STATE OF KERALAversusMADRAS RUBBER FACTORY

1997 INSC 830

The State of Kerala appealed against the Kerala High Court’s decision that the rubber cess imposed under the Rubber Act, 1947 could not be included in the purchase turnover of dealers for sales‑tax purposes. The dealers argued that the cess was payable only by the manufacturer and therefore not part …

COLLECTOR OF CENTRAL EXCISEversusMIS. WOOD POLYMERS LTD. ETC.

1997 INSC 821Dismissed

The Supreme Court examined the classification of paper‑based decorative laminated sheets, cotton‑fabric‑based laminates and paper‑based electrical insulators manufactured by M/s Wood Polymers Ltd. The Revenue argued that the products fell under Chapter 48 (sub‑headings 4818.90/4823.90) and were …

RAM BETI ETC. ETC.versusDISTRICT PANCHAYAT RAJADHIKARI AND ORS.

1997 INSC 824Dismissed

The appeal arose from the removal of several Pradhans of Gram Sabhas in Uttar Pradesh under Section 14 of the U.P. Panchayat Raj Act, 1947 (as amended by Act 9 of 1994). The Pradhans challenged the provision, arguing that only the members of the Gram Sabha who elected them could remove them and that …

UNION OF INDIAversusW.S. CHONA

1997 INSC 756Appeal(s) allowed

Maj. Gen. W.S. Chona, a non‑General Cadre officer of the Corps of Engineers, sought promotion to Lt. General in the Army’s "Staff Only" stream under the 1986 two‑stream concept. The Special Selection Board found him unfit because he had not satisfied clause (b) of the Qualitative Requirements, which …

SHRI CHARAN LAL SAHU AND ANR.versusSHRI K.R. NARAYANAN AND ANR.

1997 INSC 751Dismissed

Two petitioners, Charan Lal Sahu and Mithilesh Kumar, filed an election petition challenging the election of K.R. Narayanan as President of India. Their nomination papers were rejected because they did not satisfy the mandatory requirement of Section 5B(1)(a) of the Presidential and …

DHARTI PAKAR MADAN LAL AGRAWALversusK.R. NARAYANAN AND ORS.

1997 INSC 750Dismissed

The petitioner, Dharti Pakar Madan Lal Agrawal, filed a composite election‑petition‑cum‑writ petition under Article 32 challenging the constitutionality of Sections 5‑B and 5‑C of the Presidential and Vice‑Presidential Elections Act, 1952 as amended by the 1997 Ordinance. The Supreme Court held that …

DENA BANKversusKRITI KUMAR T. PATEL

1997 INSC 744Appeal(s) allowed

The respondent, K.T. Patel, was dismissed from Dena Bank and the Central Industrial Tribunal ordered his reinstatement, which the bank challenged before the Gujarat High Court. The High Court stayed the award but required the bank to pay wages under Section 17‑B of the Industrial Disputes Act. The …

UNION OF INDIA AND ORS.versusA. NAGAMALLESHWAR RAO

1997 INSC 735Appeal(s) allowed

A. Nagamalleswara Rao was appointed as a telephone operator by falsely claiming 79.80% marks in his SSC examination, whereas he had actually secured only 48.6%. He failed to produce the original or a duplicate SSC certificate despite repeated requests, leading to a departmental inquiry under Rule …

STATE OF KARNATAKAversusB.M. ASHRAF AND CO.

1997 INSC 698Appeal(s) allowed

The respondent, a registered dealer under the Karnataka Sales Tax Act, purchased fish oil from unregistered dealers and sold it within Karnataka to another dealer, Kalbhavi, who intended to export the oil. The issue was whether the purchase of the fish oil attracted purchase tax under Section 6 of …

MUNICIPAL CORPORATION OF DELHIversusDELHI URBAN HOUSE OWNERS WELFARE ASSN.

1997 INSC 686Appeal(s) allowed

The Delhi High Court had struck down certain provisions of the Delhi Municipal Corporation (Determination of Rateable Valuation) Bye‑laws, 1994 and the Property Tax Return Bye‑laws, 1994, holding them repugnant to Sections 135 and 131 of the Delhi Municipal Corporation Act, 1957. The appellant filed …

MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITYversusA. GEETHA AND ORS.

1997 INSC 654Appeal(s) allowed

The Marine Products Export Development Authority (MPEDA) issued Standing Instructions governing promotion channels for its employees. Four Quality Supervisors appointed directly to Group B posts sought to change their promotion channel, but the Executive Committee rejected their request, holding …

UNION OF INDIA AND ANR. ETC.versusR. IYYASWAMY AND ORS.

1997 INSC 644Appeal(s) allowed

The Union of India challenged the validity of Rule 2(i)(a) of the Assistant Engineers (Akashwani and Doordarshan Group ‘B’ Posts) Recruitment (Amendment) Rules, 1985, which provides a 25% promotion quota through a Departmental Promotion Committee. The respondents argued that the rule discriminated …

VIJAYAWADA BOTTLING CO. LTD.versusCOLLECTOR OF CENTRAL EXCISE, GUNTUR

1997 INSC 633Appeal(s) allowed

Vijayawada Bottling Co. Ltd., a manufacturer of Maaza Mango aerated water, excluded rental and service charges for returnable bottles from its price list. The Assistant Collector of Central Excise included these charges in the assessable value, a view affirmed by the Collector (Appeals). The CCEAT …

M/S OBLUM ELECTRICAL INDUSTRIES PVT. LTD., HYDERABADversusCOLLECTOR OF CUSTOMS, BOMBAY

1997 INSC 634Appeal(s) allowed

Mis Oblum Electrical Industries, a manufacturer of lightning arrestors, imported Crystar beams as kiln furniture and claimed duty‑free clearance under Customs Notification No. 210/82 and No. 116/88. The Additional Collector of Customs and the Customs, Excise & Gold (Control) Appellate Tribunal held …

HIRA MANversusSTATE OF U.P. AND ORS.

1997 INSC 603Appeal(s) allowed

The appellant, a class‑IV employee, was promoted to the post of clerk in a government‑aided college. Respondent No. 4, the son of a government servant who died in service, claimed a compassionate appointment under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness …

A.P. STATE FINANCIAL CORPORATION ETC.versusV AJRA CHEMICALS AND ORS. ETC.

[1997] SUPP. 2 S.C.R. 702Appeal(s) allowed

The Andhra Pradesh State Financial Corporation (AP SFC) had sanctioned a term loan to Vajra Chemicals Ltd., which defaulted despite several notices and a recall‑cum‑sale notice under Section 29 of the State Financial Corporations Act. After the borrower failed to honour post‑dated cheques, the …

R.M. ARUNACHALAM ETC.versusCOMMISSIONER OF INCOME TAX, MADRAS

1997 INSC 554Dismissed

R.M. Arunachalam inherited immovable properties from his adoptive mother, who had received them by will from her husband Ramanathan Chettiar. The assessee sold these properties during assessment years 1966-67 to 1972-73 and claimed that the estate duty paid under the Estate Duty Act, 1953, should be …

V.S.M.R. JAGDISHCHANDRAN (DEAD) BY LRSversusCOMMISSIONER OF INCOME TAX, MADRAS

1997 INSC 561Dismissed

The appellant sold a house that was mortgaged and the mortgage debt was discharged by the buyer from the sale proceeds. The appellant argued that the amount used to clear the mortgage should be treated as part of the cost of acquisition or as an improvement, thereby reducing the capital gains tax of …

M/S SUNDARAM SPINNING MILLSversusCOMMISSIONER OF INCOME TAX, MADRAS

1997 INSC 562Appeal(s) allowed

Mis Sundaram Spinning Mills appealed against a Madras High Court order that denied its claim for an extra shift allowance on machinery added in the previous year, on the basis that the entire concern worked double and triple shifts. The assessee argued that the additional shifts justified an extra …

M/S SOUTH INDIA VISCOSE LTD.versusCOMMISSIONER OF INCOME TAX

1997 INSC 563Appeal(s) allowed

South India Viscose Ltd., a public limited company engaged in rayon yarn and wood pulp manufacturing, claimed extra shift depreciation allowance for AY 1971-72 on the basis of the number of days the entire concern worked double or triple shift, rather than on a per‑machinery basis. The Income Tax …

P.D. GUPTAversusRAM MURTI AND ANR.

1997 INSC 535Dismissed

The Supreme Court examined an appeal by advocate P.D. Gupta under Section 38 of the Advocates Act, 1961, challenging his one‑year suspension imposed by the Bar Council of India for professional misconduct. Gupta, who had acted as counsel for a client in litigation over the estate of the deceased …

COMMISSIONER OF INCOME TAX, AMRITSARversusTATTAN TRUST AMRITSAR ETC.

1997 INSC 538Appeal(s) allowed

The assessee, a charitable trust created in 1942, amended its deed in 1971 to require that surplus funds be invested in a company in which the trustees had a substantial interest. It claimed exemption of the interest earned on those investments under Section 11 of the Income Tax Act, relying on the …

COMMISSIONER OF INCOME TAX, GUJARATversusMIS. ELECTRIC CONTROL GEAR MFG. CO.

1997 INSC 539Case Partly allowed

The Supreme Court examined a transfer of a partnership's business as a going concern to a limited company for Rs 8 lakhs. The Revenue had taxed the depreciation claimed by the firm under Section 41(2) of the Income‑Tax Act and also taxed capital gains. The High Court had held that Section 41(2) did …

COMMISSIONER OF INCOME TAX, KANPURversusNITYA NANO DEVKINANDAN

1997 INSC 540Appeal(s) allowed

The assessee partnership firm was granted registration under Section 184(7) of the Income Tax Act for the 1967-68 assessment year and was treated as registered for subsequent years. The Commissioner, invoking Section 263, cancelled the renewal of registration for 1972-73 and 1973-74, alleging …

COMMISSIONER OF INCOME TAX, GUJARATversusM/S. ARTEX MANUFACTURING COMPANY

1997 INSC 542Appeal(s) allowed

The partnership firm Artex Manufacturing sold its entire business as a going concern to a newly formed private limited company for Rs 11,50,400, paid by allotment of shares. The issue was whether the surplus arising from the difference between the re‑valued value of plant, machinery and dead‑stock …

SH. I.K. SUKHIJA AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 543Appeal(s) allowed

The appellants, originally Junior Engineers in the CPWD, were transferred to the Posts & Telegraphs (Civil Wing) and promoted on an ad‑hoc basis as Assistant Engineers between 1970 and 1977, with regularisation effective 20‑Mar‑1978. Their seniority list, prepared in 1987, was challenged before the …

K.L. RATHEEversusUNION OF INDIA AND ORS.

1997 INSC 517Dismissed

The petitioner, a former Joint Secretary who retired in 1968, sought to have his pension calculated on the same basis as those who retired after the 1979 liberalised pension formula was introduced, arguing that the Supreme Court's decision in D.S. Nakara required uniform treatment irrespective of …

DR.ASHOKversusUNION OF INDIA AND ORS.

1997 INSC 466Disposed off

Dr. Ashok filed a public‑interest petition under Article 32 seeking a ban on 40 insecticides and chemicals deemed hazardous to health. The Union of India set up an expert committee, issued notifications cancelling the registration of certain insecticides and restricting others. Manufacturers …

COMMISSIONER OF INCOME TAX, MADRASversusM/S. AMALGAMATION PVT. LTD.

1997 INSC 436Dismissed

The Supreme Court examined whether Amalgamation Pvt. Ltd., a bulk shareholder holding investments in numerous subsidiaries, could claim a capital loss on the forced sale of shares to a subsidiary of a subsidiary, whether a loss incurred while guaranteeing a subsidiary's loan qualified as a business …

BINDESHWARY CHOUDHARY AND ANR.versusAJAY KUMAR

1997 INSC 426Leave Granted & Allowed

The landlord filed an eviction suit under Section 11(l)(c) of the Bihar Buildings (Lease, Rent & Eviction) Act, 1982 and simultaneously moved an application under Section 15 for arrears of rent both before and after the filing of the suit. The Subordinate Court ordered the tenant to deposit all …

M/S. CHILLIES EXPORTS HOUSE LTD.versusCOMMISSIONER OF INCOME TAX

1997 INSC 427Appeal(s) allowed

M/s. Chillies Export House Ltd., a public limited company engaged in exporting chillies, claimed that its activities of sorting, grading, clipping, stemming and fumigation (the latter performed by a contractor) amounted to "processing of goods" under the Finance Acts, making it an "industrial …

TATAVARTHI RAJAH AND ANR.versusCOMMISSIONER OF WEALTH TAX, HYDERABAD

1997 INSC 368Dismissed

The appellants, a Hindu Undivided Family (HUF) of four members, filed a suit for partition in 1954, with a final decree in 1961. The Wealth Tax Officer assessed the family for assessment years 1958-59, 1959-60 and 1960-61, treating it as an undivided family of four members because no physical …

HARSHAD J. SHAH AND ANR.versusL.I.C. OF INDIA AND ORS.

1997 INSC 369Disposed off

The insured had taken four LIC policies and missed the third half‑yearly premium. A general agent collected a bearer cheque for the overdue premium after the grace period, encashed it and deposited the amount with LIC after the insured's death. LIC rejected the claim, stating the policies had lapsed …

COMMISSIONER OF INCOME TAX, BOMBAYversusM/S. BANQUE NATIONALE DE-PARIS

1997 INSC 309Appeal(s) allowed

The non‑resident company Banque Nationale de‑Paris challenged a Super Profits Tax assessment that included interest received on Central and State Government securities. It argued that, under Clause X of Rule 1 of the First Schedule of the Super Profits Tax Act, 1963, such interest should be excluded …

STATE OF BIHAR AND ANR.versusRAMESH CHANDRA AND ANR. ETC.

1997 INSC 296Appeal(s) allowed

Dr. Chaudhary, originally appointed as an Associate Professor of Neurosurgery on an ad‑hoc basis, was later promoted to Professor. Dr. Ramesh Chandra challenged the promotion, arguing that Chaudhary lacked the requisite qualifications under the Indian Medical Council Regulations (IMCR) 1971, …

DELHI STOCK EXCHANGE ASSOCIATION LTD.versusCOMMISSIONER OF INCOME TAX, NEW DELHI

1997 INSC 297Dismissed

The Delhi Stock Exchange Association Ltd., a company limited by shares, claimed exemption from income tax under Section 11 read with Section 2(15) of the Income Tax Act, 1961, asserting that its income was derived from property held in trust for charitable purposes. The claim pertained to assessment …

NAGPUR IMPROVEMENT TRUSTversusNAGPUR TIMBER MERCHANTS ASSOCIATION AND ANR. ETC.

1997 INSC 290Leave Granted & Allowed

The Nagpur Improvement Trust (NIT) was liable to pay non‑agricultural assessment levied under the Maharashtra Land Revenue Code on lands it had leased to various lessees. The lessees contested this liability, arguing that Rule 9 of the Nagpur Improvement Trust (Land Disposal) Rules, 1955 made the …

JAGDISH SINGHversusLT. GOVERNOR, DELHI AND ORS.

1997 INSC 258Appeal(s) allowed

Jagdish Singh, a member of Dronacharaya Co-operative Group Housing Society, also enrolled in Tribal Co-operative Housing Society Ltd., violating Rule 25(1)(c)(iii) of the Delhi Co-operative Societies Rules, 1973. The Registrar issued a show‑cause notice, found him disqualified, and ordered cessation …

SH. S.P. JAISWAL ETC.versusTHE COMMISSIONER OF INCOME TAX

1997 INSC 234Dismissed

The appellant, Managing Director of Karna Distillery Co., transferred Rs 1,74,639 to a partnership firm owned by his children, later showing the amount as returned and then as a loan to the children. The Assessing Officer added the interest on this amount to the appellant's income under Sec. 61 of …

THE UNITED PLANTERS ASSOCIATION OF SOUTHERN INDIAversusKG. SANGAMESWARAN AND ANR.

1997 INSC 235Appeal(s) allowed

The respondent, K.G. Sangameswaran, an accountant employed by United Planters Association, was dismissed for alleged misappropriation. He appealed the dismissal under Section 41(2) of the Tamil Nadu Shops and Establishments Act, 1947, claiming that no domestic enquiry had been held. The Appellate …

SH. MOHAMMAD ALI KHAN AND 9RS.versusTHE COMMISSIONER OF WEALTH TAX, NEW DELHI

1997 INSC 227

Sh. Mohammad Ali Khan owned the Khas Bagh Palace, which the Central Government declared as his official residence under the Merged States (Taxation Concessions) Order, 1949. He claimed exemption from wealth tax for the entire palace under Section 5(1)(iii) of the Wealth Tax Act, 1957, arguing that …

MADHUMILAN SYNTEX (P) LTD.versusUNION OF INDIA

1997 INSC 228Appeal(s) allowed

Madhumilan Syntex Pvt. Ltd., a manufacturer of spun yarn, obtained approval for its product under Tariff Item 18‑III(i) of the Central Excises and Salt Act, 1944, which attracted a lower duty. After chemical analysis, the Superintendent of Central Excise issued a demand notice asserting that the …

R.S. AJARA AND ORS. ETC.versusSTATE OF GUJARAT AND ORS.

1997 INSC 213Appeal(s) allowed

The case concerned the fixation of seniority for Assistant Conservators of Forests recruited directly in Gujarat. The 1981 Recruitment Rules dealt only with recruitment and appointment and were silent on seniority. The Gujarat Government issued a 1992 resolution treating the two‑year training period …

BROOKE BOND INDIA LTD.versusCOMMISSIONER OF INCOME TAX, WEST BENGAL-III.

1997 INSC 203Dismissed

The appellant, Brooke Bond India Ltd., a public limited company, issued ordinary shares at a premium to increase its share capital and incurred Rs 13,99,305 in expenses, which it claimed as a deductible revenue expense under Section 37(1) of the Income Tax Act, 1961. The Assessing Officer disallowed …

PRAHLAD SARAN GUPTAversusBAR COUNCIL OF INDIA AND ANOTHER

1997 INSC 200Case Partly allowed

Prahlad Saran Gupta, a senior advocate and standing counsel for the Railways, was disciplined by the Bar Council of India for alleged professional misconduct, including drafting a notice for a private client while acting for the Railways, handing a letter to a judgment debtor to obtain a stay of …

M/S. SOUTH INDIA STEEL ROLLING MILLS, MADRASversusCOMMISSIONER OF INCOME TAX, MADRAS

1997 INSC 199Dismissed

The appellant, a partnership firm, had claimed a development rebate under sections 33(1)(a) and 34(3)(a) of the Income Tax Act for several assessment years. One partner died, causing the firm to dissolve on 3 March 1968, before the eight‑year utilisation period prescribed by section 34(3)(a). A new …

M/S. PROGRESSIVE FINANCERSversusTHE COMMISSIONER OF INCOME TAX, MADRAS

1997 INSC 166Appeal(s) allowed

Progressive Financers, a partnership of five persons including a minor admitted to the benefits of the firm, applied for registration under Section 184 of the Income Tax Act, 1961 for AY 1967-68 and for renewal for AY 1969-70 and 1970-71. The Income Tax Officer rejected the application, treating the …

STATE OF RAJASTHAN AND ANR.versusPREM RAJ

1997 INSC 142Appeal(s) allowed

The respondents, pre‑1979 retirees of the Rajasthan government, challenged the 1970 and 1974 notifications that liberalised pension benefits with cut‑off dates, alleging discrimination under Article 14. They did not challenge the later 2 September 1985 notification which extended the revised pension …

THE ADDITIONAL COMMISSIONER OF INCOME TAX, LUCKNOWversusMAHARANI RAJ LAXMI DEVI

1997 INSC 135Appeal(s) allowed

Maharani Raj Laxmi Devi, after adopting a minor son and the death of her husband, claimed HUF status and excluded the minor's one‑sixth share—acquired under Section 6 of the Hindu Succession Act—from the HUF's taxable income for AY 1966‑67 to 1970‑71. The Income Tax Officer held that, absent a …

V.P. KUMARA VELUversusTHE BAR COUNCIL OF INDIA, NEW DELHI AND ORS.

1997 INSC 101Appeal(s) allowed

V.P. Kumaravelu, appointed City Government Pleader, failed to prosecute two civil suits, resulting in ex parte decrees against the State of Tamil Nadu. The Bar Council of India, after a disciplinary proceeding, found him guilty of negligence and professional misconduct and imposed a severe …

NITIN RASHMIKANT KANT AW ALAversusUNION OF INDIA AND ORS.

1997 INSC 81Disposed off

The appellant challenged the Delivery of Postal Articles Orders of 1991 and 1996, arguing that delivering mail to a mailbox in a high‑rise building was beyond the powers granted under the Indian Post Office Act, 1898, and that existing buildings lacking mailbox space should be exempt. The High Court …

R.K. SETHI AND ANOTHER ETC.versusOIL AND NATURAL GAS COMMISSION

1997 INSC 75Appeal(s) allowed

The Supreme Court examined the merger of Telex Operators into the Assistant Grade‑II (AG‑II) cadre of the Oil and Natural Gas Commission (ONGC) and the consequent seniority and promotion issues. The Telex Operators were redesignated as AG‑II employees on 25 April 1980 and placed en bloc below …

HIKMAT ALI KHANversusISHWAR PRASAD ARYA AND ORS.

1997 INSC 76Appeal(s) allowed

Ishwar Prasad Arya, a practising advocate, was convicted under Section 307 of the Indian Penal Code for assaulting an opponent with a knife in a courtroom and sentenced to three years' rigorous imprisonment. The State Bar Council suspended him from practice for three years under Section 35 of the …

SH. MALAPRABHA CO-OP., SUGAR FACTORY LTD.versusUNION OF INDIA

1997 INSC 70Leave granted

The Supreme Court examined the fixation of levy‑sugar prices for the years 1974‑75 to 1979‑80 under Section 3(3‑C) of the Essential Commodities Act, 1955. Earlier the Court had directed the Government to amend the notifications to include the sugar producer’s liability under clause SA (5A) of the …

ASSISTANT COLLECTOR OF CUSTOMS AND ORS.versusANAM ELECTRICAL MANUFACTURING CO. ETC

1997 INSC 71Disposed off

The Assistant Collector of Customs appealed against Anam Electrical Manufacturing Co. challenging the levy of a ten‑percent surcharge and the handling of a refund claim under the Central Excise Act, 1944 and the Customs Act, 1962. The Supreme Court examined whether the surcharge could be upheld and, …

INCOME TAX OFFICER, JODHPURversusPURUSHOTTAM DAS BANGUR AND ANR.

1997 INSC 50Appeal(s) allowed

The Income Tax Officer had completed assessments for 1969-70 and 1971-72, accepting the assessee's claim of a long‑term capital loss on the sale of shares. Later, a letter from the Deputy Director of the Directorate of Inspection, supported by documentary evidence, indicated that the fair market …

M/S. ORIENT TRADING COMP ANY LIMITEDversusCOMMISSIONER OF INCOME TAX CALCUTTA

1997 INSC 48Dismissed

M/s Orient Trading Co. held 14,500 shares of Asiatic Oxygen & Acetylene Co. as stock-in-trade, valued at Rs 1,45,000. It exchanged these for 55,100 shares of Asiatic Oxygen Ltd. at a ratio of 38:10. The Income Tax Officer valued the received shares at Rs 5,51,000 (based on market price of Rs 10 per …

STATE OF HARYANA AND ORS.versusAMAR NATH BANSAL

1997 INSC 32Appeal(s) allowed

Amar Nath Bansal, originally a civilian clerk in the Jind State Civil Service (1943), later served in the merged state of PEPSU, then Punjab, and finally Haryana. The Jind Service Regulations of 1945 fixed the retirement age at 62, but after the formation of PEPSU the Raj Pramukh issued Ordinances …

J.N. GOEL AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 26Dismissed

The case concerned the promotion of Assistant Engineers in the Central Public Works Department to the post of Executive Engineer. Under the 1954 Recruitment Rules, only graduate Assistant Engineers were eligible, but a 1972 proviso allowed diploma‑holder engineers with "outstanding ability and …

STATE OF BIHAR AND ORS.versusSHYAM YADAV AND ORS. ETC. ETC.

1997 INSC 27Appeal(s) allowed

The petitioners were Class III and IV employees appointed by the Central Government for the 1991 Census in Bihar, whose services were terminated after the census. They filed writ petitions seeking compulsory absorption in the Bihar State Government, relying on earlier letters and policy decisions of …

STATE OF BIHAR AND ORS.versusSHYAM YADAV AND ORS. ETC. ETC.

1997 INSC 28Appeal(s) allowed

The Supreme Court examined appeals by the State of Bihar against a Patna High Court order directing the absorption of Class III and IV employees who were temporarily appointed by the Central Government for the 1991 Census and whose services were terminated. The petitioners claimed they were state …

SECRETARY TO GOVERNMENT AND OTHERSversusA.CJ. BRITTO

1996 INSC 1519Appeal(s) allowed

The respondent, a Sub‑Inspector of Police, was reinstated after a prior dismissal was set aside, but subsequently remained on extended medical leave and failed to appear before a Medical Board despite orders from his Superintendent. The State initiated disciplinary proceedings for his …

GOVERNMENT OF TAMIL NADU AND OTHERSversusS. VEL RAJ

1996 INSC 1520Appeal(s) allowed

The respondent, a Head Constable in the Tamil Nadu Police, was charged with being drunk and in 'mufti' while on duty on 7 July 1984, and a charge memo was issued by a Deputy Superintendent of Police. A departmental enquiry found him guilty and he was initially demoted to Constable Grade‑I; the …

STATE OF RAJASTHANversusKUNJI RAMAN

1996 INSC 1502Case Partly allowed

Kunji Raman and 36 other work‑charged employees of the Mahi Sagar Project filed a writ petition alleging that the Rajasthan Service Rules, 1951 and the Rajasthan Service (Concessions on Project) Rules, 1962/1975 were inapplicable to them, depriving them of house‑rent allowance, project allowance and …

RADHEY SHYAM SINGH AND ORS.versusUNION OF INDIA AND ORS.

1996 INSC 1444Appeal(s) allowed

The Government of India, via a 1975 resolution, created a Subordinate Services Commission to recruit non‑technical Class III posts and issued a 1993 advertisement stipulating zone‑wise recruitment with separate merit lists for each of 15 zones. Applicants who scored higher marks than some selected …

DR. R.K. GOYALversusSTATE OF U.P. AND ORS.

1996 INSC 1437Appeal(s) allowed

Dr. R.K. Goyal was appointed on an ad‑hoc basis as a lecturer in orthopaedics in a Uttar Pradesh medical college in 1983 without the three‑years teaching experience that the Public Service Commission later stipulated in its advertisement. The appointment was subsequently regularised under the Uttar …

J.S. CHHABRA ETC.versusSTATE OF M.P. AND ORS. ETC.

1996 INSC 1404

The Madhya Pradesh Government, unable to fill lecturer posts through the Public Service Commission, upgraded 21 casualty medical officer (CMO) posts to the lecturer grade and appointed doctors on an ad‑hoc basis in 1971. Their services were later regularised under the M.P. Regularisation of Ad‑hoc …

IN RE: BALWAN SINGHversusNO RESPONDENT

1996 INSC 1373Disposed off

A writ petition (Cr) No. 296 of 1993 was filed by Smt. Birmati alleging that her two minor daughters had been kidnapped. The petition was supported by Mahila Dakshita Samiti. The Secretary of the Samiti claimed that she was threatened by Anand Singh Dangi and the village Sarpanch, Balwan Singh, to …

SHRI PRATAP SINGHversusUNION OF INDIA AND ORS.

1996 INSC 1360Appeal(s) allowed

The appellant appeared for the Civil Services Examination (CSE) in 1989 and 1990, receiving a supplementary list for a Group A/B service in 1991 but remaining silent, and later being allocated to the Indian Revenue Service (IRS) based on his 1990 rank. He was subsequently directed to join the …

DIRECTOR GENERAL OF POSTSversusB. RAVINDRAN AND ANR.

1996 INSC 1313Dismissed

The case concerned ex‑servicemen who retired before age 55 and were re‑employed in the civil service. Their pay was fixed at the minimum scale, and they claimed advance increments where the total of pay plus pension was less than the pay drawn at retirement, invoking Office Memoranda (OM) of 1958 …

UNION TERRITORY, CHANDIGARHversusKRISHAN BHANDARI

1996 INSC 1262Appeal(s) allowed

Krishan Bhandari, originally appointed as a temporary Science Master in the Union Territory of Chandigarh, was later transferred to the post of Science Supervisor on his own pay scale and later confirmed as a Science Master. He claimed that, because he performed the same duties as a District Science …

BIHAR PUBLIC SERVICE COMMISSION AND ORS.versusMANOJ KUMAR PANDEY AND ORS.

1996 INSC 1263Appeal(s) allowed

The Bihar Public Service Commission (BPSC) introduced a system of centralised evaluation of answer books for the 38th Combined Competitive Examination, a decision taken by the Chairman and a majority of members on 18 September 1993. The High Court set aside this decision, holding that the process of …

UNION OF INDIA AND ORS.versusVIPINCHANDRA HIRALAL SHAH

1996 INSC 1224Disposed off

Vipin Chandra Hiralal Shah, a Gujarat Administrative Service officer, was omitted from the 1979 promotion list and thereafter no separate select lists were prepared for 1980‑85. In 1986‑87 a consolidated list covering vacancies from 1980‑86 was prepared, again excluding Shah. He challenged this …

HINDUSTAN AERONAUTICS LTD.versusSMT. A. RADHIKA THIRUMALAI

1996 INSC 1171Appeal(s) allowed

Hindustan Aeronautics Ltd. (HAL), a public sector undertaking, had rules permitting compassionate appointments of dependents of deceased employees, subject to vacancy availability (Rule 78.3). After her husband, a Senior Inspector, died in 1987, the respondent applied for such an appointment and was …

UNION OF INDIA AND ANR.versusSAMAR SINGH AND ORS.

1996 INSC 1161Appeal(s) allowed

The respondent, an IAS officer of the 1962 batch, was promoted to Additional Secretary but was not empanelled for the post of Secretary. He challenged the non‑inclusion before the Central Administrative Tribunal, which held that the Special Committee had acted arbitrarily by not recording reasons …

UNIVERSITY GRANTS COMMISSION ETC.versusSADHANA CHAUDHARY AND ORS.

1996 INSC 1061Case Partly allowed

The Supreme Court examined the validity of the University Grants Commission's (UGC) exemption dates for candidates seeking lecturer appointments without clearing the eligibility test. The petitioners (UGC) argued that the circulars of 1993 and the 1995 notification, which set cut‑off dates of 31 …

T.M.A. PAI FOUNDATION AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS. ETC

1996 INSC 860Disposed off

The Supreme Court, hearing numerous interlocutory applications in the T.M.A. Pai Foundation matter, clarified that the fee structures it had fixed for the academic years 1993-94, 1994-95 and 1995-96 are confined to those years only and are not refundable. It ordered that the fee order of 11 August …

DAYANANDLAL AND ORS.versusSTATE OF KERALA AND ORS.

1996 INSC 834Disposed off

The case concerned promotions of constables to head constables in the Kerala Police Subordinate Service. Senior constables who had failed a 1978 promotion test were later qualified in a 1981 test, but juniors who qualified in 1978 were promoted first under Rule 10(ii) of a 1963 order. The senior …

PRALHAD LALCHAND CHA VANversusIQBAL HUSSAIN INAYAT HUSSAIN BADRI

1996 INSC 794Appeal(s) allowed

The landlord, Pralhad Lalchand Chavan, obtained permission from the Rent Controller under clause 13(3)(vi) of the Central Provinces and Berar Rent Control Order to terminate his tenant's lease on the ground of bona‑fide residence. After the permission became final, he served a notice under Section …

SMT. FATIMA BEEversusMAHAMOOD SIDDIQUI ETC.

1996 INSC 782Appeal(s) allowed

The Supreme Court examined appeals filed by landlady Fatima Bee against the Andhra Pradesh High Court, which had set aside earlier findings that she required the non‑residential premises bona fide for her bangle‑manufacturing business and that the tenants' claim of permanent tenancy was mala fide. …

KERALA STATE ELECTRICITY BOARDversusN. SUKESEN AND ORS.

1996 INSC 769Appeal(s) allowed

The Kerala State Electricity Board (KSEB) created a separate Secretariat Service in 1964, appointing officers without competitive tests. In 1981 KSEB integrated this Secretariat into its general establishment through regulations, and in 1985 amended the seniority rules to base inter‑se seniority on …

MRS. MEENAL EKNATH KSHIRSAGARversusM/S. TRADERS AND AGENCIES AND ANR.

1996 INSC 728Appeal(s) allowed

Mrs. Meenal Eknath Kshirsagar, owner of a flat in Bombay, filed a suit for eviction of a firm and its partner, claiming she and her husband had no other residential premises and therefore required the suit premises for personal occupation. The husband had previously been a tenant of a two‑bedroom …

THE SECRETARY TO GOVERNMENT OF TAMIL NADUversusD. SUBRAMANYAM RAJADEVAN

1996 INSC 721Appeal(s) allowed

The Directorate of Vigilance investigated corruption complaints against D. Subramanyam RataDev, a Superintendent of Police, and sent a report to the Tamil Nadu Government. The Government referred the matter to the Disciplinary Tribunal under the Tamil Nadu Civil Services (Disciplinary Proceedings …

HINDUSTAN STEELWORKS CONSTRUCTION LTD.versusTARAPORE AND CO. AND ANR.

1996 INSC 722Appeal(s) allowed

Hindustan Steelworks Construction Ltd. (HSCL) awarded a construction contract to Tarapore & Co. (the contractor) and obtained fourteen unconditional bank guarantees from Bank of India, each stipulating that HSCL was the sole judge on breach and loss. After the contractor failed to complete the work, …

USHA SUBBARAOversusB.E. VISHVESWARIAH AND ORS.

1996 INSC 697Appeal(s) allowed

Usha Subbarao, the widow of B.N. Subbarao (one of five sons of Dr. N.S. Nanjundiah), claimed a one‑fifth share in the properties left by her father‑in‑law under a 1935 will. The will divided the estate into Schedules A, B, C and D, gave management rights to the testator’s wife, and stipulated that …

DIRECTOR GENERAL, ESI AND ANR.versusT. ABDUL RAZAK ETC.

1996 INSC 706Disposed off

The case concerned disciplinary proceedings against two employees of the Employees' State Insurance Corporation (ESIC). The Regional Director of Karnataka initiated proceedings, and the Director General later imposed a penalty. The respondents challenged the memoranda initiating the proceedings and …

STATE OF RATASTHANversusMANGILAL PINDWAL

1996 INSC 708Disposed off

Mangilal Pindwal, an Upper Division Clerk of the Rajasthan Government, was compulsorily retired on 31 March 1973 under sub‑rule (2) of Rule 244 of the Rajasthan Service Rules, 1951, with payment of three months' salary. He challenged the order, and the Rajasthan High Court set aside the retirement …

MR. A TREHANversusM/S. ASSOCIATED ELECTRICAL AGENCIES AND ANR.

1996 INSC 671Dismissed

Mr. A. Trehan, an employee of M/s. Associated Electrical Agencies, suffered a serious eye injury while repairing a television. As an insured person under the Employees' State Insurance (ESI) Act, 1948, he received benefits from the ESI Corporation and later filed a claim for additional compensation …

STATE OF MANIPURversusTHINGUJAM BROJEN MEETI

1996 INSC 672Appeal(s) allowed

The State of Manipur issued a "Die‑in‑Harness" compassionate appointment scheme for dependents of government servants who died in service, later revising it to exclude ad‑hoc, off‑iciating, work‑charged and casual appointees. The dependents of two confirmed work‑charged employees sought appointments …

TAGIN LITIN ETC.versusSTATE OF ARUNACHAL PRADESH

1996 INSC 673Appeal(s) allowed

The dispute concerned the appointment of the Head Gaonburah of Simong village in Arunachal Pradesh. The Deputy Commissioner approved the petitioner's appointment on 31 January 1994 and issued a WT message on 15 February 1994 directing that the petitioner be informed. No actual communication of the …

SH. P.K. DAVEversusPEOPLES UNION OF CIVIL LIBERTIES (DELHI) AND ORS.

1996 INSC 674Dismissed

The petitioners, Peoples Union of Civil Liberties and others, filed a public‑interest writ seeking the suspension and criminal prosecution of Dr. Khalilullah, Director of G.B. Pant Hospital, alleging massive financial irregularities. The Delhi Health Secretary recommended his suspension, the Chief …

PASCHIM BANGA KHET MAZDOOR SAMIT!versusSTATE OF WEST BENGAL

1996 INSC 621Disposed off

The petitioners, members of Paschim Banga Khet Mazdoor Samiti, filed a writ petition under Article 32 on behalf of Hakim Seikh, who suffered serious head injuries after falling from a train and was repeatedly denied admission in several government hospitals due to lack of beds and facilities, …

ALLAHABAD BANK OFFICERS ASSOCIATION AND ANR.versusALLAHABAD BANK AND ORS.

1996 INSC 603Dismissed

The Allahabad Bank Officers Association challenged the bank's order of compulsory retirement of a senior officer, alleging that the order was stigmatic and therefore a punitive dismissal under Article 311(2) of the Constitution. The bank had constituted a Special Committee under Regulation 19 of its …

U.P. STATE MINERAL DEVELOPMENT. CORPORATION AND ANR.versusK.C.P. SINHA

1996 INSC 579Appeal(s) allowed

K.C.P. Sinha, who had been employed by the U.P. State Mineral Development Corporation since 1977, was compulsorily retired in August 1988 under Rule 27(iv) of the corporation’s service rules, which permits retirement at age 50 with three months’ notice. He challenged the order, arguing that the rule …

G.S. KAUSHIK AND ANR.versusUNION OF INDIA AND ORS.

1996 INSC 508Disposed off

The All India Regional Rural Bank Employees Association and the All India Gramin Bank Workers Organisation filed writ petitions seeking pay parity between Regional Rural Bank (RRB) employees and those of nationalised commercial banks. A National Industrial Tribunal awarded that RRB employees be …

UNION OF INDIAversusP.S. DHILLON

1996 INSC 509Appeal(s) allowed

P.S. Dhillon, a Judicial Member of the Income Tax Appellate Tribunal, was compulsorily retired under FR 56(j) after attaining the age of 55, despite having less than ten years of qualifying service. He challenged the order before the Central Administrative Tribunal, which quashed it on the grounds …

THE RT. REV. B.P. SUGANDHARversusSAT. D. DOROTHY DAYASHEELA EBENESER

1996 INSC 510Appeal(s) allowed

The Chairman of the Diocesan Executive Committee of the CSI EVA Technical Institute suspended the Principal and constituted a Commission of Enquiry to conduct a preliminary fact‑finding inquiry into serious administrative and financial irregularities. The Principal challenged the suspension and the …

NARASINGH PATNAIKversusSTATE OF ORISSA

1996 INSC 467Appeal(s) allowed

N. Patnaik, a senior engineer in the Orissa Irrigation Department, was compulsorily retired in 1986 under Rule 71(a) of the Orissa Service Code on the recommendation of a Review Committee that cited adverse entries in his confidential reports and several pending investigations. Patnaik challenged …

H.P.M.C.versusSHRI SUMAN BEHARI SHARMA

1996 INSC 468Appeal(s) allowed

The employee of Himachal Pradesh Horticultural Produce Marketing & Processing Corporation Ltd. (HPMC) applied for long leave and subsequently requested voluntary retirement effective 30 November 1990, seeking a waiver of the three‑month notice period. He failed to report for duty from 1 December …

MILLS DOUGLAS MICHAEL AND OTHERSversusUNION OF INDIA AND OTHERS

1996 INSC 469Appeal(s) allowed

The Supreme Court examined two appeals concerning the recruitment of Inspectors of Central Excise and Income‑Tax. The advertisement required a university degree by 1 August 1992, but allowed ex‑servicemen who were not graduates to be deemed graduates upon completing 15 years of service in the Armed …

RAKESH KUMAR SINGHversusTHE COMMITTEE OF MANAGEMENT, RAIBARALI

1996 INSC 416Dismissed

The appellant, a lecturer appointed on probation, was terminated after a performance report and a management resolution, with prior approval from the District Inspector under the U.P. Intermediate Education Act, 1921. The Deputy Director held the termination invalid because Regulation 25, framed …

UNION OF INDIA AND OTHERSversusRAM PHAL

1996 INSC 330Appeal(s) allowed

The respondent, a constable in the Border Security Force, was repeatedly absent without leave from December 1983 and, after several notices, was deemed a deserter. A show‑cause notice dated 20 April 1984 warned that his further retention was undesirable and proposed dismissal under Section 11(2) of …

GOPALJI KHANNAversusALLAHABAD BANK AND OTHERS

1996 INSC 322Dismissed

The appellant, an employee of Allahabad Bank, was disciplined and his pay scale was reduced. The Executive Director, who was temporarily holding charge of the Chairman and Managing Director posts, reviewed the penalty under Regulation 18 and enhanced it, reducing the appellant further. The appellant …

UNION OF INDIA AND ORS.versusCORPORAL AK. BAKSHI AND ANR.

1996 INSC 309Appeal(s) allowed

Corporal AK Bakshi and Corporal Sobhanan, each having accrued six punishment entries for misconduct, were discharged from the Indian Air Force under the Policy for Discharge of Habitual Offenders, which directs that such cases be dealt with under Rule 15(2)(g)(ii) of the Air Force Rules, 1969. They …

VISAKHAPATNAM DOCK LABOUR BOARD.versusE. ATCHANNA AND ORS.

1996 INSC 159Appeal(s) allowed

The respondents, who had been employed as mazdoors between 1961 and 1969, sought to have their dates of birth corrected in service records after receiving retirement notices in 1995, relying on Panchayat certificates and requesting a medical board assessment. The single judge of the Andhra Pradesh …

THE GENERAL MANAGER, TELEPHONES, ABMEDABAD AND ORS.versusV.G. DESAI AND ANR.

1996 INSC 160Appeal(s) allowed

V.G. Desai, a former telephone operator, sought retirement on medical grounds and the release of his General Provident Fund (GPF). The Central Administrative Tribunal (CAT) ordered payment of GPF, leave salary and interest from 20 April 1972 but denied pension, later directing that he be treated as …

HINDUSTAN SHIPYARD LTD. AND ORS.versusDR. P. SAMASIVA RAO ETC.

1996 INSC 152Appeal(s) allowed

Three medical officers were appointed on an ad‑hoc basis by Hindustan Shipyard Ltd. and later sought regularisation and parity pay. The Andhra Pradesh High Court directed that they be regularised with effect from 1 April 1986 and that they receive regular pay scales. On appeal, the Supreme Court …

INSPECTOR GENERAL OF POLICE AND ANR.versusTHAVASIAPPAN

1996 INSC 131Appeal(s) allowed

A Sub‑Inspector of Police was charged with accepting a bribe and failing to register a criminal case. A Deputy Superintendent of Police framed the charge‑memo, conducted the inquiry and sent a report to the Deputy Inspector General, who imposed compulsory retirement. The Sub‑Inspector appealed to …

VASAVADATTA CEMENTS ETC.versusSTATE OF KARNATAKA AND ANOTHER

1996 INSC 95Appeal(s) allowed

Vasavadatta Cements, a cement manufacturer, challenged the constitutional validity of Section 5(3‑D) of the Karnataka Sales Tax Act, 1957, which made packing material (gunny/plastic bags) taxable. The Karnataka High Court dismissed the challenge, relying on Ranganatha Associates and the Supreme …

IN RE M.P. DWIVEDI AND ORS.versus.

1996 INSC 48Disposed off

The Supreme Court examined the handcuffing of under‑trial prisoners, members of the Khedut Mazdoor Chetna Sangath, while being transferred between jail and court, which was done without written authorisation from a magistrate as required by Madhya Pradesh Police Regulation 465. Earlier Supreme Court …

THE CHURCH OF SOUTH INDIA TRUST ASSOCIATIONversusTHE TELUGU CHURCH COUNCIL

1996 INSC 46Dismissed

The Church of South India Trust Association (CSITA) claimed that the Telugu Church Council (TCC) had merged into the Church of South India in 1947 and therefore the properties transferred to CSITA were held in trust. TCC contested the merger and sought declaration of its continued existence. Earlier …

COMMON CAUSEversusUNION OF INDIA AND ORS.

1996 INSC 20Disposed off

The Supreme Court entertained a public‑interest writ under Article 32 filed by Common Cause seeking remedial measures for the serious deficiencies in India’s blood‑banking system. A 1990 consultancy report highlighted widespread unlicensed banks, reliance on professional donors, inadequate testing, …

B. G. KUMARVELU AND ANR.versusK.R. KANAKARATHNAM CHETTY AND ORS.

1996 INSC 12Appeal(s) allowed

The dispute arose over the lease of the Opera House, a cinema building in Bangalore, which included fittings, furniture and some machinery but excluded projectors, amplifiers, screen and speakers. After a series of lease deeds spanning from 1944 to the 1970s, the respondents sought eviction of the …

STATE OF RAJASTHANversusFATEH CHAND SONI

1995 INSC 877Appeal(s) allowed

The case concerned officers of the Rajasthan Police Service who were promoted from the Senior Scale to the Selection Scale. The respondent, Fateh Chand Soni, challenged the seniority list prepared on the basis of the date of appointment to the Selection Scale, arguing that such appointment did not …

SANTOSH KUMAR SINGHversusTHE STATE OF U.P. & ORS. ETC.

1995 INSC 878Dismissed

Santosh Kumar Singh was appointed as a lecturer in Agronomy at Durgaji Post Graduate College while still a student, first on 1 January 1984 and later on 1 October 1985, despite not possessing the minimum qualifications prescribed by the University Statute. The appellant claimed that the ad‑hoc …

UNION OF INDIA AND ORSversusC.N. PONNAPPAN

1995 INSC 844Dismissed

The Supreme Court considered three appeals challenging decisions of the Central Administrative Tribunal (CAT) on whether an employee transferred on compassionate grounds, and placed at the bottom of the seniority list in the new unit, could have his service in the former unit counted as experience …

KULDEEP SINGHversusGANPAT LAL AND ANR.

1995 INSC 784Dismissed

The tenant, Kuldeep Singh, was sued for eviction by his landlords for allegedly defaulting on six months' rent. He claimed to have paid the rent in cash for May‑September 1982, but the landlords refused to give a receipt and returned the money, after which he deposited the rent for May‑October 1982 …

INDIAN MEDICAL ASSOCIATIONversusV.P. SHANTHA AND ORS.

1995 INSC 720Appeal(s) allowed

The Supreme Court examined whether medical services rendered by doctors, hospitals and nursing homes fall within the definition of "service" under Section 2(1)(o) of the Consumer Protection Act, 1986, and thus attract consumer‑redress. It held that services provided for consideration – even if …

DEV KUMAR (DEAD) THROUGH LRS.versusSMT. SWARAN LATA AND ORS.

1995 INSC 717Appeal(s) allowed

The landlady, Smt. Swaran Lata, sought eviction of her tenant Dev Kumar under the East Punjab Urban Rent Restriction Act, 1949 alleging sub‑letting of the premises to three respondents. The Rent Controller, relying on a local commissioner’s report, concluded sub‑letting and ordered eviction. The …

STATE OF U.P.versusMIS RAM NATH INTERNATIONAL CONSTRUCTION PVT. LTD.

1995 INSC 718Appeal(s) allowed

The State of Uttar Pradesh entered into a construction contract with Ram Nath International for dam works, but design changes caused a substantial increase in the quantity of work. The contractor claimed a higher rate for the extra work, which the arbitrator accepted and awarded, also directing that …

AJIT SINGHversusUNION OF INDIA AND OTHERS

1995 INSC 685Appeal(s) allowed

The dispute concerned a marble mining lease in Rajasthan where an earlier lease granted to Babula Modi was deemed revoked for failure to execute the formal lease deed within three months. Respondent No.5 applied for the same area on 20 October 1982 and again on 19 January 1983, both of which were …

GOVERNMENT OF TAMIL NADU AND ORS.versusS. BALASUBRAMANIAM AND ORS.

1995 INSC 651Appeal(s) allowed

The case concerned the validity of an amendment to Rule 6 of the Tamil Nadu Revenue Subordinate Service Special Rules introduced by G.O. Ms. No. 660 (19 April 1988) which gave retrospective effect to the amendment made in 1977. The respondents, non‑reserved category assistants, challenged the …

WORKMEN OF M/S ROHTAS INDUSTRIESversusROHTAS INDUSTRIES AND ORS.

1995 INSC 634Disposed off

Rohtas Industries, a large multi‑product manufacturer in Bihar, was ordered to be wound up in 1984, leaving about 10,000 workmen unemployed. The workmen filed a writ petition under Article 32 seeking revival of the undertaking, prompting the Supreme Court to direct the Union and State governments to …

O.S. SINGH AND ANOTHERversusUNION OF INDIA AND ANOTHER

1995 INSC 617Appeal(s) allowed

O.S. Singh, a State Police Service officer, was initially omitted from the select list for promotion to the Indian Police Service (IPS) due to adverse remarks. After expunging those remarks, his name was placed on the list in 1977 and he was retrospectively appointed to the IPS effective …

UNION OF INDIA AND ORS. ETC.versusVIRPAL SINGH CHAUHAN ETC.

1995 INSC 609Dismissed

The Supreme Court examined the application of reservation in promotions for Scheduled Castes and Scheduled Tribes within the Indian Railway Guard and other railway cadres, focusing on whether accelerated promotion under a roster also confers accelerated seniority. General‑category candidates …

AIR INDIA AND ORS. ETC.versusB.R. AGE AND ORS ETC.

1995 INSC 610Appeal(s) allowed

The Central Government, invoking Section 34(1) of the Air Corporations Act, 1953, directed Air India to reserve posts for Scheduled Castes and Scheduled Tribes. B.R. Age and others challenged the validity of these directions, arguing that the power under Section 34(1) was limited to functions …

UNION OF INDIA AND ANR.versusM.C. DESAI AND ORS.

1995 INSC 611Case Partly allowed

The Supreme Court heard an appeal by the Union of India against a judgment of the Allahabad High Court that had awarded death‑cum‑retirement gratuity (DCRG) and ad‑hoc relief to High Court judges who retired before 1 October 1974. The High Court had extended the benefit to all such judges, including …

UTTAR PRADESH AND ANR.versusINSPECTOR GENERAL OF REGISTRATION

1995 INSC 600Appeal(s) allowed

The appellant, Satyendra Nath Bajpai, served as a Registration Clerk on daily wages from 14 February 1985 to 31 March 1990 and was not regularised despite being placed at the top of the approved list, while clerks listed below him were regularised. He filed a writ petition (W.P. No. 849/95) in the …

ATUL KUMAR NIGAMversusSTATE OF U.P. AND ORS.

1995 INSC 601Appeal(s) allowed

The appellant, A.T. Kumar Nigam, was initially appointed as a Registration Clerk on a daily‑wage basis and later selected by a district selection committee for a regular post under the Subordinate Offices Ministerial Staff (District Recruitment) Rules. He joined the regular post on 25 February 1991 …

SANJAY GUPTA AND ORS.versusSTATE OF U.P. AND ORS.

1995 INSC 602Appeal(s) allowed

The appellants, Sanjay Gupta and others, were appointed as Registration Clerks in the Sub‑Registrar's office at Jhansi after being selected by a committee under the Subordinate Offices Ministerial Staff (District Recruitment) Rules, 1985. The Inspector General later issued an order directing …

R.S. PANDEYversusSTATE OF U.P. AND ORS.

1995 INSC 603Appeal(s) allowed

The appellant, R.S. Pandey, was initially appointed as a Registration Clerk on daily wages and later appointed ad‑hoc as a Peon. After a recommendation for regularisation, his appointment as Peon was discontinued in February 1991. He filed a writ petition challenging the termination, which the …

KHAGESH KUMAR AND ORS.versusINSPECTOR GENERAL OF REGISTRATION AND ORS.

1995 INSC 604Disposed off

The petitioners were appointed as Registration Clerks on a daily‑wage basis for short periods under a Governor’s sanction that limited such appointments to three months per financial year. They claimed that their appointments were regular under the Uttar Pradesh Registration Manual and sought …

STATE OF ORISSA AND ORS.versusGOPAL CHANDRA RATH AND ORS.

1995 INSC 585Appeal(s) allowed

All the respondents were appointed as junior teachers between 1961 and 1973 by a Selection Committee that was not constituted by the State Government, leading the Orissa Administrative Tribunal to quash their gradation list. The State Legislature subsequently enacted the Orissa Medical Education …

SAWAN RAM MALRAversusUNION OF INDIA AND ORS.

1995 INSC 571Appeal(s) allowed

The appellant, a Head Sorting Assistant in the Railway Mail Service, applied for the Departmental Competitive Examination for the 6% quota of Postal Superintendent/Postmasters Group B posts reserved for General Line Officials. Although his name appeared in the list of selected candidates, he was …

DR. KRUSHNA CHANDRA SAHU AND OTHERSversusSTATE OF ORISSA AND OTHERS

1995 INSC 546Disposed off

The appellants, who were Homeopathic Medical Officers, were appointed as junior teachers in a government homeopathy college under the Orissa Homeopathy Medical Teaching Service Rules, 1980. Their appointments were challenged on the grounds that the Selection Board had not consulted the Public …

P.M. HARI KUMARversusUNION OF INDIA AND ORS.

1995 INSC 534Case Allowed

The petitioner, P.M. Hari Kumar, was arrested in March 1990 for allegedly smuggling silver and was granted bail with conditions. The Kerala government issued a preventive detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 …

MOOL CHAND AND ORSversusDY. DIRECTOR, CONSOLIDATION AND ORS

1995 INSC 466

The Supreme Court considered two civil appeals arising from partition suits that were pending when a village was notified for consolidation under the Uttar Pradesh Consolidation of Holdings Act, 1967. The appellants argued that the notification and the resulting abatement under Section 5(2) of the …

TRUSTEES OF THE PORT OF MADRASversusENGINEERING CONSTRUCTIONS CORPORATION LIMITED

1995 INSC 456Appeal(s) allowed

The Madras Port Trust invited tenders in 1957; the contractor submitted a tender with deviations, notably that the Trust would import and supply plant and machinery. The Trust refused to incorporate the contractor’s modifications, and the contract was signed without them. Delays in importing the …