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S SAGHIR AHMAD

336 judgments · newest first · showing 201–336

ABBOBAKER AND ANR.versusMAHALAKSHMI TRADING CO.

1998 INSC 78Appeal(s) allowed

The landlord filed an eviction petition which was disposed of by a compromise decree allowing the tenant to occupy the reconstructed premises at a rent "25% less of the prevailing fair rent in the area." After reconstruction the tenant took possession by executing the decree without invoking Section …

STATE OF M.P.versusJ.S. BANSAL AND ANR.

1998 INSC 75Appeal(s) allowed

J.S. Bansal, a Superintending Engineer, challenged a charge‑sheet issued by the Madhya Pradesh Government, alleging it was stale and issued to block his promotion. The Madhya Pradesh Administrative Tribunal (MPAT) allowed his challenge, ordered a Departmental Promotion Committee (DPC) meeting and …

UPTRON INDIA LTD.versusSHAMMI BHAN AND ANR.

1998 INSC 74Dismissed

Uptron India Ltd., a manufacturing concern, terminated the services of Ms. Shammi Bhan, a confirmed permanent employee, invoking clause 17(g) of its certified standing orders which provided for automatic termination if a workman overstayed leave for more than seven days. The employee challenged the …

M/S BHARAT SALES LTD.versusLIFE INSURANCE CORPORATION OF INDIA

1998 INSC 72Dismissed

The landlord, Life Insurance Corporation of India, sought eviction of the tenant, Mis Bharat Sales Ltd., under Section 14(1)(b) of the Delhi Rent Control Act, 1958 on the ground of sub‑letting. The Additional Rent Controller, the Rent Control Tribunal and the Delhi High Court all held that the …

VIMAL KUMARIversusSTATE OF HARYANA AND ORS.

1998 INSC 66Appeal(s) allowed

The appellant, appointed as Tailoring Instructor in 1983, was promoted to Superintendent in 1991 on the basis of seniority. Respondents 3 and 4, who were graduates, challenged the promotion invoking the unnotified Haryana Social Welfare and Relief Organisation Service Group ‘C’ Rules, 1983, and the …

H.P. STATE ELECTRICITY BOARDversusSHRI K.R. GULATI

1998 INSC 54Appeal(s) allowed

K.R. Gulati, a substantive Junior Scale Stenographer in the Himachal Pradesh State Electricity Board (HPSEB), was promoted ad‑hoc to Head Clerk and was not considered for the upgrade of Junior Stenographers to Senior Stenographers in 1976. The Himachal Pradesh High Court held that he was entitled to …

DR. ANIL KUMAR SINHAversusTHE STATE OF BIHAR AND ORS.

1998 INSC 55Disposed off

Dr. A.K. Sinha, who had served as a Resident Medical Officer in a Bihar medical college from October 1971 to April 1978, sought to have that period counted as teaching experience for promotion to Assistant and Associate Professor. The High Court dismissed his writ petition, holding that the …

SRI TARSEM SINGHversusSRI SUKHMINDER SINGH

1998 INSC 51Dismissed

The petitioner, Tarsem Singh, owned agricultural land and entered into a sale agreement with the respondent, Sukhminder Singh, for Rs. 24,000 per acre, with Rs. 77,000 paid as earnest money. The parties differed on the unit of measurement—"bighas" versus "kanals"—leading to a mutual mistake about …

SH. K.B. SHARMA AND ANR.versusUNION OF INDIA AND ANR.

1998 INSC 44Dismissed

The appellants, who had risen from clerks to assistant managers in the New Bank of India, were placed in the Junior Management Grade Scale I along with accountants after the bank was taken over by the Union of India under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980. …

N.M. VEERAPPAversusCANARA BANK

1998 INSC 41Appeal(s) allowed

Canara Bank sued a partnership firm and its partners for recovery of a loan secured by an equitable mortgage. The trial court awarded interest at the contractual rate of 16.5% on the balance up to the date of suit and at a reduced rate of 6% per annum for future interest from the date of suit. The …

SHER SINGH AND ORS.versusSURINDER KUMAR AND ORS.

1998 INSC 36Disposed off

The Himachal Gramin Bank promoted fifteen clerks to the post of Field Supervisor in 1987, allegedly using a merit‑cum‑seniority criterion instead of the prescribed seniority‑cum‑merit rule. Respondents challenged the promotion, and the Himachal Pradesh High Court set aside the selection, directing a …

DR. ASHOK KUMAR MAHESHWARIversusSTATE OF U.P. AND ANR.

1998 INSC 21Dismissed

Dr. Ashok Kumar Maheshwari, a Demonstrator in the Pharmacy Department of a Government Medical College, filed a writ petition with five colleagues seeking that at least fifty percent of Lecturer posts be filled by promotion of Demonstrators, relying on an alleged promise by the Uttar Pradesh State …

SHRI A.B. KRISHNAversusTHE STATE OF KARNATAKA AND ORS.

1998 INSC 22Dismissed

The State of Karnataka, under Section 39 of the Mysore Fire Force Act, 1964, framed special recruitment rules requiring a qualifying examination for promotion to Leading Fireman. Later, the Government adopted a policy of seniority‑cum‑merit promotion and amended the Karnataka Civil Services (General …

ASHOK KUMAR UPPAL AND ORS.versusSTATE OF J&K AND ORS.

1998 INSC 23

The appellants, permanent Junior Scale Stenographers, sought promotion to Senior Scale Stenographer. Only six candidates qualified a prescribed test, but the State Recruitment Board recommended an additional 26 candidates whose performance was nearest to the standard. The Government initially did …

THE STATE OF MAHARASHTRA AND ORS.versusPRATAPSINGH DAYAL SINGH RAJPUT

1998 INSC 14Dismissed

The respondent, a Civil Judge, was graded 'A' by the Judgment Scrutiny Committee, had a clean confidential record and performed well in the interview, leading to his inclusion in the interview committee's select list for promotion to Additional District Judge. The Full Court of the Bombay High Court …

S.K. MATHUR AND ORS.versusUNION OF INDIA AND ORS.

1998 INSC 15Appeal(s) allowed

The appellants, originally Assistant Inspectors (Control) at the India Security Press, were appointed on deputation as Inspectors (Control) at the Bank Note Press before any recruitment rules under Article 309 existed. After the Bank Note Press later framed recruitment rules, the appellants were …

ANAND CHANDRA DASHversusSTATE OF ORISSA AND ORS.

1998 INSC 16Appeal(s) allowed

Anand Chandra Dash, a Senior Auditor in the Revenue and Excise Department, was forcibly transferred to the Labour Department in 1970 despite his expressed unwillingness. The Labour Department stipulated that his seniority would be calculated from the date he joined the Labour Department, a condition …

STATE OF ANDHRA PRADESHversusDR. K. RAMCHANDRAN

1998 INSC 4Dismissed

The State of Andhra Pradesh imposed a 20% pension reduction on Dr. K. Ramchandran and refused to count his suspension as service. He challenged these orders before the Andhra Pradesh Administrative Tribunal, which set them aside on the ground that, under Section 4 of the Andhra Pradesh Civil …

UNION OF INDIA AND ORS.versusDR. (SMT.) SUDHA SALHAN

1998 INSC 5Dismissed

Dr. Sudha Salhan, an Obstetrician‑Gynecologist appointed in 1979, was considered by a Departmental Promotion Committee (DPC) for promotion to Specialist Grade‑II on 8 March 1989. The DPC’s recommendation was placed in a sealed cover, but she was later suspended on 16 April 1991 and a charge‑sheet …

PUNJAB DAIRY DEVELOPMENT CORPORATION LIMITED AND ANR. ETC.versusKALA SINGH ETC

1997 INSC 489Case Partly allowed

The respondent, a dairy helper, was dismissed for inflating milk supply and fat content. The domestic enquiry was held defective by the Labour Court, which then allowed both parties to present fresh evidence; the Court found the misconduct proved and the dismissal justified. The High Court altered …

PANJKAJESHversusTULSI GRAMIN BANK AND ANR.

1997 INSC 491Dismissed

The petitioner, a bank official of Tulsi Gramin Bank, was charged under Section 3 of the Regional Rural Banks Act, 1976 for dereliction of duty and, after a disciplinary inquiry, three salary increments were withheld cumulatively. On appeal, the appellate authority ordered that "one increment is …

UITAM NAMDEO MAHALEversusVITHAL DEO AND ORS.

1997 INSC 493Dismissed

The respondent, who owned a parcel of land, served a notice to the appellant to vacate and obtained a final order of eviction, which was confirmed by the Supreme Court. Execution proceedings were later initiated, but the appellant objected, arguing that more than twelve years had elapsed and the …

ANIL BAPURAO KANASEversusKRISHNA SAHAKARI SAKHAR KARKHANA LTD. AND ANR.

1997 INSC 494Dismissed

Anil Bapurao Kanase, a seasonal worker in the chemistry section of Krishna Sahakari Sakhar Karkhana Ltd., was terminated after the sugar crushing season ended. He claimed that the termination amounted to retrenchment under Section 25‑F of the Industrial Disputes Act, 1947, and sought a reference …

Y.R VEERANNAversusSTATE OF KARNATAKA AND ORS.

1997 INSC 495Dismissed

The petitioner, Y.R. Veeranna, claimed occupancy‑tenant rights over 13 acres 24 gunthas in K.R. Nagar Taluk under Sections 44 and 48‑A of the Karnataka Land Reforms Act, filing a Form‑7 application. The Tribunal and the Karnataka High Court rejected his claim because he was not personally …

MRS. MANJU BHATIA AND ANRversusNEW DELHI MUNICIPAL COUNCIL AND ANR.

1997 INSC 483Disposed off

The builder constructed an eight‑storey building called "White House" in Delhi, delivering flats to purchasers including the appellants. It was later discovered that the top four floors were built in violation of municipal regulations, leading the New Delhi Municipal Council to demolish those …

AGAUTA SUGAR AND CHEMICALSversusSTATE OF U.P. AND ORS.

1997 INSC 459Leave Granted & Disposed off

The appellant, Agauta Sugar and Chemicals, had failed to pay approximately Rs 29 crore owed to cane growers and societies for sugarcane supplied, leading the District Collector to attach the factory’s sugar stock‑in‑hand. The factory filed a writ petition challenging the attachment, and the High …

M/S ASHOK PAPER MILLS KAMGAR UNIONversusUNION OF INDIA AND ORS.

1997 INSC 460Disposed off

The Supreme Court approved a rehabilitation scheme for Ashok Paper Mills, Darbhanga, and ordered its implementation after the IDBI reneged on loan commitments. The petitioners, representing the mill workers, sought the Court's intervention to compel the Finance Ministry and IDBI to honour the scheme …

MEHARBAN AND ORS. ETC. ETC.versusTHE STATE OF U.P. AND ORS.

1997 INSC 456Appeal(s) allowed

The Supreme Court examined appeals by landowners (Meharban & others) against the State of U.P. concerning compensation for lands acquired under the Land Acquisition Act, 1894 for the planned development of Meerut City. The High Court had reduced the compensation awarded by the reference court to …

STATE OF M.P. AND ORS.versusMAHESH KUMAR AND ORS ETC. ETC.

1997 INSC 447Leave Granted & Allowed

The respondents, who were Head Constables, appeared for the promotion examination to Assistant Sub‑Inspectors in December 1993. Because very few candidates passed, the Director‑General of Police (DGP) granted 15% grace marks to general candidates and 10% to reserved‑category candidates, but only for …

UNION OF INDIA AND ANR.versusSHRI RISAL SINGH

1997 INSC 448Leave Granted & Dismissed

The Supreme Court considered an appeal by the Union of India challenging the enhanced compensation awarded by a reference court in a land acquisition proceeding. The acquisition was made under Section 4(1) of the Land Acquisition Act, 1894, and the compensation was initially set by the Land …

SPECIAL DEPUTY COLLECTOR AND ANR. ETC.versusKURRA SAMBASIVA RAO AND ORS. ETC.

1997 INSC 449Leave Granted & Allowed

The Supreme Court examined the compensation payable for 97 acres of agricultural land acquired for a colony for weaker sections in Guntur district. The Land Acquisition Officer initially awarded Rs 22,940 per acre, which was enhanced by the Subordinate Judge to Rs 1,00,000 per acre and further by …

UNION OF INDIA THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI AND ORS.versusA. AJIT SINGH S/O. S. CHET SINGH R/O. NO. 19, FAIZ BAZAR, DARYAGANJ, DELHI-6

1997 INSC 450Leave Granted & Allowed

The respondent was granted a 30‑year lease of Government land in 1949, renewable up to 99 years, but the lease was terminated in 1960. The land was later acquired under the Land Acquisition Act, 1894, and the Land Acquisition Officer awarded Rs 4,000 per bigha in 1967. The reference court enhanced …

UNION OF INDIA AND ORS. ETC.versusMANGATU RAM ETC.

1997 INSC 451

The Supreme Court examined a large land acquisition under the Land Acquisition Act, 1894 where the Collector had initially classified lands into four belts and awarded uniform compensation. On reference, the lower court re‑classified the lands into Classes A and B and enhanced compensation, but the …

SHRI ABHEY RAM (DEAD) BY LRS. AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 425Leave Granted & Dismissed

The appellants owned 25 bighas of land in Khirkee village that were covered by a composite notification under Section 4(1) of the Land Acquisition Act, 1894 issued on 5 November 1980, and a subsequent declaration under Section 6 published on 7 June 1985, more than three years later. Several writ …

BALESHWAR TEWARI (DEAD) BY LRS. AND ORS.versusSHEO JATAN TIWARY AND ORS.

1997 INSC 299Appeal(s) allowed

The respondent purchased three bighas and six kathas of land from the Raja Dumraon Raj in 1957 and filed a suit for declaration of title. The appellant claimed he had been in possession of the land as a lessee since 1925 and the trial court dismissed the suit, finding the appellant to be a raiyat. …

JAI PRAKASH SHARMAversusSTATE OF U.P. AND ORS.

1997 INSC 301Dismissed

J.P. Sharma, who had been Headmaster of a Junior High School since July 1974, contested the appointment of Man Singh Verma as Headmaster of the same school after it was upgraded to a High School in July 1976. The selection was made under Section 16‑E(2) of the U.P. Intermediate Education Act, 1921, …

SMT. RAM SAKHI DEVI ETC.versusSTATE OF U.P. AND ORS. ETC.

1997 INSC 302Dismissed

The appellant, Ram Sakhi Devi, was appointed headmistress of a junior high school that was upgraded to a high school. The managing committee selected her under the U.P. Intermediate Education Act, 1921, but the District Inspector did not ratify the appointment. The appellant challenged the dismissal …

LAL CHANDversusVIIITH ADDL. DISTRICT JUDGE AND ORS.

1997 INSC 179Appeal(s) allowed

The appellant had entered into a contract to sell a parcel of land to the respondent, who later sued for specific performance but the suit was dismissed and a decree for refund of earnest money was granted. The decree-holder sought execution of the decree, leading the court to attach and auction the …

DR. (CAPT.) AKHOURI RAMESH CHANDRA SINHAversusTHE STATE OF BIHAR AND ORS.

1997 INSC 180Disposed off

The petitioner, Dr. (Capt.) Akhouri Ramesh Chandra Sinha, filed a contempt petition alleging that the State of Bihar had failed to implement the Supreme Court’s earlier judgment fixing his seniority from 6 September 1966 and the consequent promotional benefits. He further claimed that officers who …

RAM SAKAL SINGHversusMOSAMAT MONAKE DEVI (DEAD) AND ORS.

1997 INSC 181Dismissed

The appellant, a member of a joint Hindu family, executed a gift deed in favour of a stranger in 1959, later cancelled it and sold the property to the respondent. The respondent sued for a declaration that the gift deed was obtained by fraud and therefore voidable, and for possession based on the …

STATE OF U.P.versusYAMUNA SHANKER MISRA AND ANR.

1997 INSC 183Appeal(s) allowed

The State of U.P. appealed against a Service Tribunal and High Court order that quashed adverse remarks recorded in the confidential reports of Yamuna Shanker Misra and another employee for the years 1987‑88 and 1988‑89, which had denied their promotion. The Tribunal held the remarks were made with …

BANDHUA MUKTI MORCHA ETC.versusUNION OF INDIA AND ORS .

1997 INSC 184Disposed off

The Bandhua Mukti Morcha filed a public‑interest writ under Article 32 seeking a total ban on employment of children below 14 years in the carpet industry of Uttar Pradesh and direction to provide education, health, nutrition and other welfare facilities. The Court examined evidence showing …

SHRI SHIVJIversusSHRI RAGHUNATH (DEAD) AND ORS.

1997 INSC 170Dismissed

The deceased respondent and Smt. Reshambai jointly purchased 9 acres of land. Reshambai executed an agreement of sale in favour of the appellant, promising to convey her share to the respondent, but later refused to execute the deed, alleging fraud and that the agreement was void under the rule …

RANA PRATAP SINGHversusSTATE OF U.P. AND ORS.

1997 INSC 171Dismissed

The appellant, Rana Pratap Singh, was temporarily promoted to Sub‑Inspector in February 1976 and served in that post until his reversion on 7 May 1983. The Government later created 1,300 super‑numerary police posts in December 1984, stipulating that only Sub‑Inspectors who had served three years or …

N. MURLEEDHARAN AND ORS. ETC.versusTHE STATE OF KERALA AND ORS.

1997 INSC 172Dismissed

The appellants, Kerala recruits in the Land Revenue Department, challenged the validity of the Special Rules issued by the Government of Kerala on 16 June 1980, which retrospectively required Lower Division Clerks to pass certain promotion tests dating back to 1963 and 1964. The Kerala High Court …

STATE OF HARYANAversusDR. A.K. SINHA

1997 INSC 173Appeal(s) allowed

Dr. A.K. Sinha, an IAS officer allotted to the Haryana cadre, obtained a Ph.D. in 1979 and sought four advance increments under Rule 2(b) of the All India Services (Conditions of Service) Rules, 1960. The Haryana State Government denied the request, but the Punjab & Haryana High Court directed the …

BHOLA NATH MISRAversusRAJENDRA PANDEY AND ANR.

1997 INSC 174Dismissed

The Supreme Court examined a civil appeal concerning a decree that granted a perpetual injunction against the appellant and a second defendant in a land dispute. The decree against the second defendant had become final because he did not contest it, while the appellant appealed the decree. The …

THE STATE OF HARYANA AND ORS.versusRAM KUMAR MANN

1997 INSC 175Appeal(s) allowed

The respondent, a Smallpox Supervisor in the Haryana Health Department, resigned to contest state assembly elections and his resignation was accepted. After losing the election, he applied to withdraw his resignation, but the application was rejected, leading him to file a writ petition. The Punjab …

SMT. KAMESHWARI DEVI @ KALESHWARI DEVIversusSMT. BARHANI (DEAD) BY LRS. AND ORS.

1997 INSC 176Dismissed

The appellant, Kameshwari Devi, was a minor when a partition suit (Suit No. 178/57) was filed in 1957 concerning the estate of her father, Bigan Kumhar. A court‑appointed guardian represented her, and the suit resulted in a decree granting a 1/42 share to each branch, based on a registered partition …

SATISH KUMARversusZARIF AHMED AND ORS.

1997 INSC 177Appeal(s) allowed

The appellant, Satish Kumar, leased immovable property to the respondent, Zarif Ahmed, for eleven months at a monthly rent of Rs.220. After the tenant defaulted, the landlord obtained a decree of ejectment from the trial court, which the High Court set aside on the ground that the unregistered lease …

MD. ALIMUDDINversusWAIZUDDIN AND ANR.

1997 INSC 159Dismissed

The case concerned a decree for specific performance granted in 1982, which became final after the Supreme Court dismissed a Special Leave Petition. The trial court had directed the respondents to deposit Rs. 500 and execute a sale deed by June 7, 1982, and later extended the time for compliance on …

M/S. ASHOK CATERERSversusMUNICIPAL CORPORATION OF GREATER BOMBAY (BEST UNDERTAKING)

1997 INSC 160Dismissed

The petitioner, Mis. Ashok Caterers, occupied premises under a monthly lease that was offered for five years but never accepted; the lease expired in January 1990 and the tenancy was later determined by order on 24 December 1994. The Municipal Corporation of Greater Bombay initiated summary eviction …

SMT. BULAKI (DEAD) BY LRS.versusLAL DHAR AND ORS.

1997 INSC 161Appeal(s) allowed

Bechan, a bhumidar under the U.P. Zamindari Abolition and Land Reforms Act, 1950, executed three gift deeds in favour of his stepson Laldhar—two in June 1951 and one on 18 November 1957. The first two gifts were challenged on the ground that permission for alienation was not properly obtained, but …

S.S. DAYANANDAversusK.S. NAGESH RAO AND ORS.

1997 INSC 162Dismissed

The respondent obtained a decree for Rs. 3,825.85 and his property was sold on December 18, 1978; the petitioner bought it for Rs. 67,000. The respondent filed an application under Order XXI, Rule 90 of the CPC to set aside the sale, which the executing court dismissed. On appeal, the appellate …

RAMBIR DAS AND ANR.versusKALYAN DAS AND ANR.

1997 INSC 163

The case concerned the succession to the shebaitship of the Shri Jugal Kishoreji Maharaj Mandir founded by Hari Dass. After the founder's death, his four chelas were nominated but none exercised the power to appoint a successor. The last serving chela, Bansi Dass, executed a will nominating Rambir …

TAMIL NADU ELECTRICITY BOARDversusM/S. BRIDGE TUNNEL CONSTRUCTIONS AND ORS.

1997 INSC 155Appeal(s) allowed

The Tamil Nadu Electricity Board (TN EB) contracted Bridge Tunnel Constructions to build inter‑connecting tunnels for the Suruliyar Hydroelectric Project. After the contract was completed late, a dispute arose over additional payments. The respondent invoked the arbitration clause (clause 50) and …

NIRMALA JAGDISHCHANDRA KABRAversusTHE TRANSPORT COMMISSIONER AND ORS.

1997 INSC 144Dismissed

Petitioner Nirmala Jagdishchandra Kabra held a contract carriage permit but was alleged to be operating the vehicle as a stage carriage by collecting individual fares, violating the permit conditions. The Motor Vehicle Inspector seized and detained the vehicle under Section 207(1) of the Motor …

CALCUTTA MUNICIPAL CORPORATION AND ANR.versusSUJIT BARAN MUKHERJEE AND ORS. ETC.

1997 INSC 145Appeal(s) allowed

The respondents, all junior copyists appointed on the same day, sought parity of pay with a colleague, Shankar Bose, who had been transferred to the Secretariat Department and received a special overtime allowance of Rs. 50, which later merged into his revised pay scale, giving him a higher salary …

STATE OF RAJASTHANversusTARACHAND AND ORS.

1997 INSC 130Dismissed

The petitioners challenged their promotions on the ground that their service records were not "outstanding" throughout the period considered, invoking Rule 28‑B of the Rajasthan Administrative Service Rules, 1954. The State argued that an amendment to Rule 28‑B made on 30‑Nov‑1991, which clarified …

RAJ KUMAR AND ORS. ETC.versusSHAKTI RAJ AND ORS. ETC.

1997 INSC 131Directions issued

The case concerned the recruitment of Canal Patwaris (Class III posts) in Haryana's Irrigation Department. The 1955 Patwaris Rules were amended by a 1970 notification requiring selection through the Subordinate Service Selection Board (SSSB). The Government, however, conducted examinations under the …

CHITTARANJAN SINGH CHIMA AND ANR.versusSTATE OF PUNJAB AND ORS.

1997 INSC 112Dismissed

The appellants, former Indian Air Force sergeants, were appointed as junior Sports Officers by the Punjab Government under the Punjab Government National Emergency (Concession) Rules, 1965, and claimed that their 15 years of military service should be counted for seniority and consequential benefits …

S.K. SALDIversusTHE GENERAL MANAGER, U.P. STATE SUGAR CORPORATION LTD. AND ANR.

1997 INSC 114Dismissed

S.K. Saldi, appointed in Meerut Straw Board Mills and later deputed to S.B. Sugar Mills, sought to be repatriated to his parent department when the mill declined to retain him. He filed a civil suit in the Bijnor Civil Court, which ordered his reinstatement and transfer back to the parent …

DR. P.N. DUBEY AND ORS.versusSTATE OF MADHYA PRADESH

1997 INSC 115Dismissed

The appellants, who were Veterinary Assistant Surgeons in the Madhya Pradesh Veterinary Services, sought appointment as Assistant Directors. Under the Madhya Pradesh Services (Gazetted) Recruitment Rules, 1966, recruitment to that post was to be made equally by direct recruitment and promotion. …

STATE OF PUNJAB AND ORS.versusRAM RAKHA AND ORS.

1997 INSC 117Dismissed

The respondents, heirs of Gobind Mal who held a possessory mortgage over the suit land since 1887‑88, claimed that the mortgage became irredeemable when the Evacuee Interest (Separation) Act, 1951 came into force, and that after the statutory period of 60 years they acquired absolute ownership. The …

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 …

KRISHNAN AND ANR.versusKRISHNA VENI AND ANR.

1997 INSC 52Dismissed

The respondents complained that the appellants fraudulently obtained their signature on a sale agreement and filed a criminal case under Sections 420 and 406 IPC. The Judicial Magistrate discharged the appellants, a revision before the Sessions Court was dismissed, and a second revision was filed …

STATE OF UP & ORS ETCversusSRI LAXMAN RICE MILLS AND ORS. ETC.

1997 INSC 38Disposed off

The State of Uttar Pradesh challenged the levy imposed on Sri Laxman Rice Mills under the U.P. Rice and Paddy (Levy and Regulation of Trade) Order, 1985, contending that the levy was effective from the night of 30 September/1 October 1995 and therefore covered the rice stock already held by the …

STATE OF PUNJAB AND ORS.versusHARNAM SINGH AND ORS.

1997 INSC 39Appeal(s) allowed

The case concerned teachers who were employed by District Boards and Zilla Parishads in Punjab and whose schools were taken over by the Government of Punjab in 1957‑58. The deed of takeover stipulated that the government was under no obligation to retain the existing staff and that any staff taken …

S.K.G SUGAR LTD.versusSTATE OF BIHAR AND ORS.

1997 INSC 29Dismissed

S.K.G. Sugar Ltd., a sugar factory with a reserved area under the Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981, paid the Central Government‑fixed minimum price of Rs.13.92 per quintal for sugarcane as prescribed in the Sugarcane (Control) Order, 1966. The State Government, acting in …

DR. K. RAMULU AND ANR. ETC.versusDR. S. SURYAPRAKASH RAO AND ORS.

1997 INSC 30Appeal(s) allowed

The respondent, a Veterinary Assistant Surgeon in the Andhra Pradesh Animal Husbandry Department, filed an application seeking a promotion panel for the post of Assistant Director under the then‑applicable Rule 4 of the A.P. Subordinate Service Rules. The Andhra Pradesh Administrative Tribunal …

IN RE: AJAY KUMAR PANDEY...CONTEMNERversus.

1996 INSC 1283Disposed off

Advocate Ajay Kumar Pandey filed petitions and letters containing intemperate, insulting language against two Supreme Court judges, demanded apologies and compensation, and threatened to prosecute them, also filing a criminal complaint in a magistrate's court. The Supreme Court, after giving him …

COLLECTOR OF CENTRAL EXCISE, NEW DELHIversusLOUIS SHOPPE AND ANR.

1996 INSC 368Disposed off

The Collector of Central Excise appealed against the classification of wooden furniture by Louis Shoppe as "handicrafts" under Excise Notification No. 76 of 1986. The Central Excise and Customs Appellate Tribunal had held the furniture to be handicrafts, a view the Supreme Court found inconsistent …

ATTIQ-UR-REHMANversusMUNICIPAL CORPORATION OF DELHI AND ANR.

1996 INSC 336Dismissed

Attiq‑ur‑Rehman filed a civil suit to restrain the Municipal Corporation of Delhi from demolishing alleged unauthorised construction on his property. The corporation later lodged a criminal complaint under sections 332 and 461 of the Delhi Municipal Corporation Act in the Court of a Metropolitan …

SURJIT SINGH AND ORS.versusBALBIR SINGH

1996 INSC 333Dismissed

The respondents filed a private criminal complaint alleging that the appellants forged an agreement and signatures to claim possession of property, invoking offences under IPC sections 420, 467, 468, 471 and 120B. The magistrate took cognizance of the complaint on 27 September 1983. The appellants …

RAJ KUMAR BINDLISHversusSTATE OF HARYANA AND ORS.

1996 INSC 334Dismissed

The petition under Article 32 challenged the selection of three advocates—Mohinder Singh Suller, S.K. Sardana and Nawab Singh—as Additional District and Sessions Judges in Haryana, alleging that the High Court had no definite selection procedure and that one appointee was the son‑in‑law of a sitting …

WEST BENGAL STATE ELECTRICITY BOARDversusM/S FAKIR CHAND RICE MILLS AND ORS.

1996 INSC 321Disposed off

The West Bengal State Electricity Board claimed Rs 28,68,264.06 from Fakir Chand Rice Mills for alleged pilferage in electricity consumption. The trial court ordered the mill to pay Rs 2,60,000, which the High Court later modified to a direction to deposit Rs 5,60,000 without adjudicating the …

UNION TERRITORY, CHANDIGARH ADMN. AND ORS.versusMANAGING SOCIETY, GOSWAMI, GDSDC

1996 INSC 242Appeal(s) allowed

The Chandigarh Administration allotted 10.5 acres of land to the managing society for 99 years in 1975, fixing the ground rent at Rs 100 per acre per annum, which was lower than the rate mandated by Rule 13 of the Chandigarh Lease‑hold of Sites and Buildings Rules, 1973. In 1991 the Estate Officer …

PUTTU LAL (DEAD) BY LRS.versusSTATE OF U.P. AND ANR.

1996 INSC 247Dismissed

The land originally owned by Smt. Kokilla was acquired by the State under the Land Acquisition Act, 1894, with a notification on 15 April 1928 and a declaration on 28 July 1928 for a public purpose. Compensation was paid and, under Section 16 of the Act, the land vested in the State free of all …

J.R. JANI AND ORS.versusAHMED EBRAHIM OF RANGOON

1996 INSC 250Appeal(s) allowed

The case concerned a claim by Ahmed Ebrahim, a Burmese citizen, that he had purchased six lakh shares of Khatiawad Industries Ltd., a company declared an evacuee property in 1959, and that the declaration was illegal because notice under Section 7 read with Rule 6 of the Administration of Evacuee …

THE STEEL AUTHORITY OF INDIA AND ORS.versusNEW MARINE COAL CO. (PVT.) LTD.

1996 INSC 251Appeal(s) allowed

The Steel Authority of India sued New Marine Coal Co. to recover Rs 1,13,000 for coal supplied under an agreement that required Grade‑I coal between Dec 1962 and June 1967. Instead, Grade‑II coal was delivered but the plaintiff collected the price of Grade‑I, and the contract contained a clause …

SANT SINGHversusTHE ADDITIONAL DISTRICT JUDGE, JHANSI AND ORS.

1996 INSC 252Dismissed

Sant Singh appealed against a notice issued under Section 5 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, contending that a sale of 10 acres 33 cents to his minor daughter before the appointed day (24 January 1971) and a transfer of 13.47 acres to a private temple after that date …

ABDUL QADIR (DEAD) BY LRS.versusSMT. MAIMOONA KHATOON (DEAD) BY LRS. AND ORS.

1996 INSC 253Dismissed

Abdul Qadir, as successor of an evacuee property declared under the Custodian of Evacuee Property Act, 1950, claimed adverse possession over land and sought to be recorded as sirdar and bhumidar in two khatas. The Consolidation Officer and Settlement Officer initially upheld his claim, but the …

RAGHUNATHversusPOPAT LAL AND ORS.

1996 INSC 254Appeal(s) allowed

The land originally owned by Lilachand Bhandari was hypothecated to Hirachand in 1942. Hirachand leased the land to respondents No.2 and No.3 in 1947‑48, making them tenants under the Bombay Tenancy and Agricultural Lands Act, 1948. Respondent No.2 purchased the equity of redemption on 27 December …

A. ARUMUGAM CHETTIYARversusSMT. LOKANAYAKAMMA AND ANR.

1996 INSC 240Dismissed

The appellant, Arumugam Chetiyar, occupied a house as a tenant from 1971. In 1977 the landlord executed a mortgage deed in favour of the appellant. The issue was whether the mortgage deed implied a surrender of the appellant's tenancy rights, thereby converting him merely into a mortgagee. The trial …

C. KASTURI AND ORS. ETC .versusSECRETARY, REGIONAL TRANSPORT AUTHORITY AND ANR. ETC.

1996 INSC 154Dismissed

The appellants, private stage‑carriage operators, held temporary permits to ply a town‑service route (Chandragiri‑Renigunta via Tirupati) and relied on a government memorandum stating that town‑service routes could extend up to 8 km beyond municipal limits. The respondents, the Regional Transport …

U.P. JAL NIGAM AND ORSversusNARINDER KUMAR AGARWAL

1996 INSC 156Dismissed

The appellant, U.P. Jal Nigam, challenged the promotion of a Junior Engineer, N.K. Agarwal, who claimed entitlement to promotion under the 25% quota and a 5% graduate quota prescribed in the U.P. Jal Nigam Engineers (Public Health Branch) Service Regulations, 1978. Agarwal, a graduate with ten years …

RAM CHANDRA VERMAversusSHRI JAGAT SINGH AND ORS.

1996 INSC 148Appeal(s) allowed

The respondents filed eviction suits against tenant Harkesh Rai Agarwal in 1975, both of which were dismissed, after which a compromise decree was entered on 26 Nov 1981 whereby Harkesh Rai agreed to surrender a room now occupied by the appellant, Ram Chandra Verma. When execution of the decree was …

STATE OF HARYANAversusCHANDRA MANI AND ORS.

1996 INSC 150Appeal(s) allowed

The State of Haryana filed a Letters Patent Appeal against a judgment of the Punjab & Haryana High Court, but delayed filing the appeal by 109 days. The High Court refused to condone the delay under Section 5 of the Limitation Act, 1963. The Supreme Court examined the meaning of "sufficient cause" …

KIRLOSKAR BROTHERS LTD.versusEMPLOYEES STATE INSURANCE CORPN.

1996 INSC 121Dismissed

Kirloskar Brothers Ltd., a manufacturer with factories in Maharashtra and Deewas, set up regional offices in Secunderabad and Bangalore to sell its products. The State Governments of Andhra Pradesh and Karnataka treated these offices as establishments under Section 2(g) of the Employees' State …

YADAVRAO P. PATHADE (DEAD) BY LRS. ETC.versusSTATE OF MAHARASHTRA

1996 INSC 122Disposed off

The appellants, heirs of Yadavrao P. Pathade, appealed against the State of Maharashtra seeking interest on the solatium awarded under Section 23(2) of the Land Acquisition Act, 1894. The compensation had been enhanced by the reference court and further by the High Court to Rs 42,056.15, but the …

STATE OF TAMIL NADU AND ANR.versusS. SUBRAMANIAM

1996 INSC 123Appeal(s) allowed

The respondent, S. Subramaniam, a Deputy Tehsildar, was charged with demanding and accepting illegal gratification for effecting land‑record mutations. A disciplinary inquiry found the charge proved and ordered his removal from service. The Tamil Nadu Administrative Tribunal, on review, …

STATE OF HIMACHAL PRADESHversusSURESH KUMAR VERMA AND ANR.

1996 INSC 124Appeal(s) allowed

The respondents, Suresh Kumar Verma and another, were re‑engaged as Assistant Development Officers on a daily‑wage basis after the project they were working on ended. The Himachal Pradesh High Court had directed the State to re‑engage them despite existing vacancies, treating the daily‑wage …

RAMJILAL AND ORS. ETC.versusGHISA RAM ETC.

1996 INSC 125Appeal(s) allowed

The respondents, co‑owners of land sold by a widow who possessed only a limited estate, filed a suit under Section 15(1)(b) of the Punjab Pre‑emption Act, 1913 seeking pre‑emption of the sale. The trial court decreed in their favour and the decree was upheld on appeal, but the second appeal was …

STATE OF RAJASTHANversusRAM NARAIN AND ORS.

1996 INSC 116Appeal(s) allowed

The State of Rajasthan prosecuted Ram Narain and two others for abducting, wrongfully confining, and raping a minor girl aged between 15 and 17. The trial court convicted all three under IPC sections 376, 366 and 342 and imposed rigorous imprisonment of seven, five and one years respectively, with a …

SH. BRIJ MOHAN SURI (DEAD) BY LRS.versusTHE DISTT. JUDGE, KANPUR AND ORS.

1996 INSC 117Granted

The appellant, the legal heir of the deceased owner of three plots in Kanpur, challenged the computation of excess urban land under the Urban Land (Ceiling and Regulation) Act, 1976. The plots comprised a dwelling unit on 501.64 sq m and two industrial factories on larger plots. The authorities …

S.P. GOELversusCOLLECTOR OF STAMPS

1995 INSC 863Dismissed

S.P. Goel applied to register a will, but the Sub‑Registrar impounded it, deeming it a deed of conveyance that was not duly stamped. The Collector of Stamps required additional documents and payment of stamp duty before registration could proceed. Goel filed a complaint under the Consumer Protection …

JAI NARAIN AND ORS. ETC. ETC.versusUNION OF INDIA

1995 INSC 808Dismissed

The petitioners challenged two notifications dated 6 January 1995 and 9 March 1995 issued under Sections 4, 6 and 17(4) of the Land Acquisition Act, 1894 for land in Nilothi, Delhi, which was to be used for a sewage‑treatment plant (STP). They argued that the phrase "is likely to be needed" in the …

KARTIK MALHARversusSTATE OF BIHAR

1995 INSC 735Dismissed

Kartik Malhar was convicted of murder under Section 302 IPC and sentenced to life imprisonment based primarily on the testimony of Fulmani, the widow of the deceased, after two other eye‑witnesses turned hostile. The appellant argued that a conviction could not rest on a single, highly interested …

MRS. PARAMJIT KAURversusSTATE OF PUNJAB AND ORS.

1995 INSC 736Disposed off

Mrs. Paramjit Kaur filed a habeas corpus petition under Article 32 of the Constitution alleging that her husband, Jaswant Singh Khalra, a human‑rights activist, was abducted by persons in police uniforms in broad daylight in Amritsar. The petition also highlighted serious allegations that the Punjab …

THE STATE OF MAHARASHTRA AND ANR.versusUMASHANKAR RAJABHAU AND ORS.

1995 INSC 708Appeal(s) allowed

The State of Maharashtra sought to acquire about five acres of land for staff quarters, publishing a notification under Section 4(1) of the Land Acquisition Act on 11 September 1970, a declaration under Section 6 on 29 July 1971 and making the award on 15 September 1971. Before the notification, …

MUNI LALversusTHE ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LTD. AND ANR.

1995 INSC 709Dismissed

Muni Lal insured his truck with Oriental Fire and General Insurance Company and lost it in October 1983 due to the driver’s misfeasance. He filed a suit in 1986 seeking only a declaration that he was entitled to the insured amount, omitting any claim for monetary compensation. The trial court …

JAGE RAM AND ORS. ETC.versusUNION OF INDIA AND ORS.

1995 INSC 710Dismissed

The petitioners' lands were acquired by the Government of India for the establishment of a radar, a defence purpose, and they received the compensation due. They filed writ petitions under Article 32 seeking that the Delhi Development Authority allot them alternative sites for constructing houses, …

HOUSING BOARD OF HARYANAversusHARYANA HOUSING BOARD EMPLOYEES UNION AND ORS.

1995 INSC 643Dismissed

The Supreme Court examined whether the Haryana Housing Board (HHB) qualifies as a "local authority" under section 32(iv) of the Payment of Bonus Act, 1965. The Board is a statutory corporation whose members are appointed by the State Government and whose functions are subject to extensive …

KRISHAN PRASAD GUPTAversusCONTROLLER, PRINTING AND STATIONERY

1995 INSC 633Appeal(s) allowed

Krishan Prasad Gupta, an employee, filed a claim under Section 15 of the Payment of Wages Act seeking recovery of unauthorized wage deductions. The Authority passed an ex‑parte order and the respondent appealed under Section 17 before the District Judge. While the appeal was pending, the Central …

DEVA RAM AND ANR.versusISHWAR CHAND AND ANR.

1995 INSC 627

The plaintiff Deva Ram sued Ishwar Chand for Rs 6,300 as sale price of a land, but the trial court held the document was only an agreement for sale and that the defendants were tenants, dismissing the suit. The plaintiff then filed a second suit for possession of the same land; the trial court …

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 …

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 …

B. GANGADHARversusB.G. RAJALINGAM

1995 INSC 379Dismissed

The petitioner, a judgment‑debtor, constructed shops on a suit property and let tenants occupy them while a suit for title and possession was pending. The trial court declared the respondent the owner and ordered the petitioner to hand over vacant possession; the decree became final. When the …

PANCHANAN SHARMAversusBASUDEO PRASAD JAGANANI AND ORS.

1995 INSC 201Appeal(s) allowed

The father of the appellant hypothecated a 5‑bigha property by usufructuary mortgage on 10 July 1911 for Rs.261, obligating the mortgagee to pay land revenue. The mortgagee defaulted, the property was auctioned and purchased by Ramtahal Singh. The appellant sued for redemption; the trial court …

N. KUNHICFLEKKU HAJI(D) BY LRSversusSTATE OF KERALA AND ORS.

1995 INSC 203Appeal(s) allowed

The appellant, N.K. Haji, ran a primary school and applied for its upgradation to an upper primary school under the Kerala Education Rules. Although the initial 1975 notification did not list his school, the Government later issued a revised order sanctioning the upgradation, which was challenged on …

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

1995 INSC 190Dismissed

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

UNION OF INDIAversusJAGDISH AND ORS.

1995 INSC 191Appeal(s) allowed

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