MRS. VISWALAKSHMI SESIDHARAN AND ORS.versusTHE BRANCH MANAGER, SYNDICATE BANK, BELGAUM
1997 INSC 13913 February 1997Dismissed
The petitioners obtained two loans from Syndicate Bank, but the bank disbursed only part of the amount. They claimed that this deficiency in service prevented them from conducting their business, leading to losses, and filed a consumer complaint for damages. The lower tribunals dismissed the complaint, holding that the…
A. ARUMUGAM CHETTIYARversusSMT. LOKANAYAKAMMA AND ANR.
1996 INSC 24013 February 1996Dismissed
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 court and the Karna…
THE STATE OF MAHARASHTRA AND ORS.versusPRATAPSINGH DAYAL SINGH RAJPUT
1998 INSC 1413 January 1998Dismissed
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 later excluded his …
S.K. MATHUR AND ORS.versusUNION OF INDIA AND ORS.
1998 INSC 1513 January 1998Appeal(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 permanently absorbed, a…
ANAND CHANDRA DASHversusSTATE OF ORISSA AND ORS.
1998 INSC 1613 January 1998Appeal(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 Dash never accepted…
SOUTH CENTRAL RAILWAY EMPLOYEES CO-OPERATIVE CREDIT SOCIETY EMPLOYEES UNION, SECUNDERABADversusREGISTRAR OF CO-OPERATIVE SOCIETIES AND ORS
1998 INSC 1713 January 1998Appeal(s) allowed
The appellant is a co‑operative society registered under the Andhra Pradesh Co‑operative Societies Act, 1964, whose employees are railway staff. The society’s service rules prohibited reservation in promotions, but the respondents were promoted to various posts using the reservation policy for Scheduled Castes and Sche…
KALPAVRUKSHA CHARITABLE TRUSTversusTOSHNIWAL BROTHERS (BOMBAY) PVT. LTD. AND ANR.
1999 INSC 47312 October 1999
The Kalpavruksha Charitable Trust operated a diagnostic centre and purchased a CT‑scan machine, charging patients for its use while providing free services to only ten percent of them. The National Consumer Disputes Redressal Commission held that the Trust was not a consumer under the Consumer Protection Act, 1986 beca…
UNITED INDIA INSURANCEversusAJMER SINGH COTTON AND GENERAL MILLS AND ORS. ETC.
1999 INSC 32212 August 1999Appeal(s) allowed
The insured, having procured multiple fire insurance policies, received claim payments after a fire loss and voluntarily executed discharge vouchers stating full and final settlement. He later filed a complaint before the State Consumer Disputes Redressal Commission seeking interest on the settlement amount; the State …
LATA CONSTRUCTION AND ORS.versusDR. RAMESHCHANDRA RAMNIKLAL SHAH AND ANR.
1999 INSC 32612 August 1999Dismissed
The respondents entered into a 1987 agreement with Lata Construction for the purchase of a flat, paid substantial sums, but the flat was never delivered and was later occupied by another. In 1991 the parties executed a fresh agreement providing for compensation of Rs.9,51,000 in lieu of the flat, expressly stating that…
BIHAR STATE ELECTRICITY BOARDversusPATNA ELECTRIC SUPPLY CO. LTD. AND ORS.
2000 INSC 32112 May 2000Appeal(s) allowed
The Bihar State Electricity Board served a one‑year notice to Patna Electric Supply Co. in January 1973 to purchase its undertaking, which was taken over on 6 February 1974. While the takeover was pending, the Indian Electricity (Bihar Amendment) Ordinances and the 1974 Amendment Act changed the notice period to six mo…
M.C. MEHTAversusKAMAL NATH AND ORS.
2000 INSC 32912 May 2000
The Supreme Court revisited a writ petition filed under Article 32 concerning the Mis Span Motel's pollution of the Beas River. The Court affirmed that damages can be awarded for environmental restoration and for victims under the polluter‑pays principle, but held that a pollution fine cannot be imposed without a crimi…
P. SARATHYversusSTATE BANK OF INDIA
2000 INSC 33012 May 2000Appeal(s) allowed
P. Sarathy, a former branch manager of State Bank of India, was suspended and removed from service after a departmental enquiry. He first appealed to the Bank's Local Board, which dismissed his appeal, and then filed an appeal under Section 41(2) of the Tamil Nadu Shops and Establishments Act before the Deputy Commissi…
U.P. STATE ELECTRICITY BOARDversusUPPER JAMUNA VALLEY ELECTRICITY SUPPLY CO. LTD.
2000 INSC 32212 May 2000Appeal(s) allowed
The Uttar Pradesh State Electricity Board served notice to Upper Jamuna Valley Electricity Supply Co. Ltd. to purchase its electricity undertaking after a 35‑year licence expired. The State later amended the Indian Electricity Act, 1910 by the 1975 Ordinance and the 1976 Act, replacing the market‑value purchase price w…
STATE OF U.P.versusTHE UPPER JAMUNA VALLEY ELECTRICITY SUPPLY CO. LTD. AND ORS.
2000 INSC 32312 May 2000Appeal(s) allowed
The State of Uttar Pradesh issued a notice under Section 6 of the Indian Electricity Act, 1910, to acquire the Upper Jamuna Valley Electricity Supply Company's undertaking upon expiry of a 35‑year licence in 1964. In 1975 the Uttar Pradesh government amended Sections 6 and 7‑A of the Act, replacing the market‑value bas…
B. GANGADHARversusB.G. RAJALINGAM
1995 INSC 37912 May 1995Dismissed
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 execution warrant was issu…
M/S CIPLA LTD. AND ORS.versusRIPU DAMAN BHANOT AND ANR.
1999 INSC 17612 April 1999Appeal(s) allowed
Cipla Ltd. terminated medical representative Ripu Daman Bhanot after a departmental enquiry found him guilty of submitting a false daily report, a misconduct under Rule 14 of the company's service rules. The Labour Court held the termination illegal, reasoning that Bhanot was denied assistance of an advocate and that t…
GURMEJ SINGH AND ANR.versusSTATE OF PUNJAB AND ORS.
1999 INSC 10012 March 1999Dismissed
The appellants purchased a portion of land from Smt. Charanjit Kaur after the PEPSU Tenancy and Agricultural Lands Act, 1955 had been amended in 1956. The landowner held more than the permissible limit of 30 standard acres (equivalent to 60 ordinary acres) and had not applied for reservation of land under Section 5‑A w…
BETIBAI AND ORS.versusNATHOORAM AND ORS.
1999 INSC 10312 March 1999Dismissed
Babulal, a tenant of a shop owned by the Phool Maliyan Samaj Mandir Trust, had his tenancy terminated by a notice under Section 106 of the Transfer of Property Act, 1882 but refused to vacate. The trustees filed an eviction suit, contending that the property was exempt from the Madhya Pradesh Accommodation Control Act,…
COLLECTOR OF CENTRAL EXCISE, NEW DELHIversusLOUIS SHOPPE AND ANR.
1996 INSC 36812 March 1996Disposed 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 with its earlier test…
MADAN MOHAN CHOUDHARYversusSTATE OF BIHAR
1999 INSC 6112 February 1999Appeal(s) allowed
Madan Mohan Choudhary, an Additional District & Sessions Judge, was compulsorily retired by the State of Bihar after the High Court, on the basis of an anticipatory bail order he had granted in a Section 307 IPC case, recommended his retirement. The High Court’s Standing Committee and Full Court recorded adverse remark…
SMT. G. KAUSHALYA DEVIversusGHANSHY AMDAS
2000 INSC 1612 January 2000Dismissed
The respondent landlord sought eviction of the appellant tenant under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 on three grounds, including a bona‑fide requirement for personal occupation of the non‑residential premises. The Rent Controller and the Appellate Authority found the landlord’…
M.R.F. LTD.versusINSPECTOR KERALA GOVT. AND ORS.
1998 INSC 42311 November 1998Dismissed
The Kerala Industrial Establishments (National and Festival Holidays) (Amendment) Act, 1990 increased compulsory paid holidays for industrial establishments from seven to thirteen. M.R.F. Ltd. challenged the amendment, alleging it infringed its right to carry on trade and business under Article 19(1)(g) of the Constitu…
VIRENDRA KASHINATH RAVAT AND ANR.versusVINAYAK N. JOSHI AND ORS.
1998 INSC 42411 November 1998Appeal(s) allowed
The landlords (appellants) let a building to Ms. Shanta Sabnis, who died leaving her daughter (second respondent) as the alleged heir. The landlords sued for eviction on the ground that the premises had been unlawfully sub‑let to the first respondent and his sister, invoking Section 13(1)(e) of the Bombay Rents, Hotel …
SOVINTORG (INDIA) LTD.versusSTATE BANK OF INDIA, NEW DELHI
1999 INSC 31911 August 1999Case Partly allowed
Sovintorg (India) Ltd. deposited a cheque for Rs 1 lakh with State Bank of India in June 1983; although the cheque was cleared, the proceeds were not credited to its account for seven years. The company claimed compensation, damages and 24% interest under the Consumer Protection Act, 1986. The State Consumer Disputes R…
INDIAN OVERSEAS BANKversusI.O.B. STAFF CANTEEN WORKERS UNION AND ANR.
2000 INSC 21311 April 2000Dismissed
The Indian Overseas Bank (IOB) provided a staff canteen from 1973, initially through a contractor and later via a co‑operative society run by bank employees. The bank supplied premises, equipment, subsidies and other support, while the canteen workers were paid from these funds. When the canteen was closed in 1990, the…
MOHD. RIAZUL USMAN GANI AND ORS.versusDISTRICT AND SESSIONS JUDGE, NAGPUR AND ORS.
2000 INSC 6411 February 2000Disposed off
The Supreme Court examined an appeal against a High Court order that upheld a short‑listing criterion which excluded candidates possessing educational qualifications higher than Standard VII from being considered for peon posts in the District and Sessions Court, Nagpur. The recruitment rules prescribed a minimum quali…
STATE OF HIMACHAL PRADESHversusSHRI P.D. ATTRI AND OTHERS
1999 INSC 5911 February 1999Appeal(s) allowed
Senior Translators and Junior Translators of the Himachal Pradesh High Court sought redesignation and parity of pay with their counterparts in the Punjab & Haryana High Court, relying on a policy of adopting Punjab & Haryana pay scales. The Himachal High Court, following the Chief Justice's recommendation, ordered the …
ABRAHAM JACOB AND OTHERSversusUNION OF INDIA
1998 INSC 7911 February 1998Appeal(s) allowed
The Telecommunication Department filled Assistant Engineer vacancies between 1969 and 1976 by 50% direct recruitment and 50% promotion of Junior Engineers under draft rules approved later as statutory rules. After the promotions were regularised in 1978, a seniority list was drawn based on merit, which was challenged b…
K. TRIMURTHULU AND ORS.versusM.V.N. MURTHY AND ORS.
1998 INSC 8211 February 1998Dismissed
The appellants, initially hired as temporary casual skilled fitters and later regularised, were promoted to Highly Skilled Fitters Grade‑II based on seniority that included their casual service. The respondents, who had been regular skilled fitters since the early 1980s, challenged these promotions before the Central A…
THE STATE OF WEST BENGALversusSHIV ANANDPATHAK
1998 INSC 8311 February 1998Appeal(s) allowed
Six Assistant Computors of the West Bengal Subordinate Labour Service filed a writ petition seeking promotion to higher posts, which a single judge ordered to be effected from 13‑03‑1980. A division bench later modified that order, directing that all promotion cases be considered afresh under the law. The petitioners s…
STATE OF RAJASTHANversusTARACHAND AND ORS.
1997 INSC 13011 February 1997Dismissed
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 the requirement, shou…
RAJ KUMAR AND ORS. ETC.versusSHAKTI RAJ AND ORS. ETC.
1997 INSC 13111 February 1997Directions 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 1955 Rules, then ex…
MEWA SINGH AND OTHERSversusSHIROMANI GURDWARA PRABANDHAK COMMITTEE
1998 INSC 47410 December 1998Appeal(s) allowed
Four employees of the Shiromani Gurdwara Prabandhak Committee (SGPC), a body created under the Sikh Gurdwara Act, 1925, were dismissed from service. They filed a writ petition under Articles 226 and 227 of the Constitution challenging the dismissal. The Punjab & Haryana High Court refused relief, directing them to seek…
R.C. SAHI AND ORS. ETC.versusUNION OF INDIA AND ORS.
1998 INSC 41810 November 1998Dismissed
The petitioners, former Emergency Commissioned Officers (ECOs) in the Central Reserve Police Force (CRPF), challenged the seniority list prepared by the Union of India, alleging that the list improperly accounted for their past Army service. The Court examined whether the 1967 Rules on ECOs applied to seniority matters…
PARAMJIT KAURversusSTATE OF PUNJAB AND ORS.
1998 INSC 35710 September 1998Dismissed
The Supreme Court was approached by the Union of India for clarification of its earlier order directing the National Human Rights Commission (NHRC) to investigate alleged mass human‑rights violations in Punjab. The NHRC raised preliminary objections, contending that Section 36(2) of the Protection of Human Rights Act, …
BANK OF INDIAversusLEKHIMONI DASS AND ORS.
2000 INSC 13310 March 2000Dismissed
The plaintiffs, decree‑holders of a godown, obtained a decree for possession in Title Suit No. 77/59 and, after execution, were prevented from removing oil‑seed bags by injunctions obtained by the Bank of India and a partnership firm claiming pledgee rights under Order XXI Rules 100 and 101 CPC. The plaintiffs sued for…
M/S. JUPITOR CHIT FUND (P) LTD.versusSRI SHIV NARAIN MEHTA (DEAD) BY LRS. AND ORS.
2000 INSC 6310 February 2000Dismissed
M/S Jupitor Chit Fund (P) Ltd, a chit fund company, sued the legal representatives of Shiv Narain Mehta for recovery of Rs.10,000 after a dispute over non‑payment of instalments. The dispute was referred to an arbitrator, but the award was set aside because the reference to arbitration was improper – no notice was give…
ABBOBAKER AND ANR.versusMAHALAKSHMI TRADING CO.
1998 INSC 7810 February 1998Appeal(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 27 of the Karnataka…
THE STATE OF WEST BENGALversusMR. MONOTOSH ROY AND ANR.
1998 INSC 4699 December 1998Appeal(s) allowed
The respondent, a former Chief Metropolitan Magistrate who retired in February 1981, sought to have his pension recalculated under the 1987 amendment to the All India Services (Death‑cum‑Retirement Benefits) Rules, which provided a higher pension to retirees after 1 January 1986. The High Court initially dismissed his …
ASHOK KUMAR AND ORS.versusTHE CHAIRMAN, BANKING SERVICE RECRUITMENT BOARD AND ORS.
1995 INSC 7079 November 1995Dismissed
The Supreme Court examined the recruitment process of the State Bank of India and other nationalised banks, where the Banking Service Recruitment Board prepared a select list containing far more candidates than the vacancies notified. The petitioners argued that this practice violated their constitutional right to cons…
THE STATE OF MAHARASHTRA AND ANR.versusUMASHANKAR RAJABHAU AND ORS.
1995 INSC 7089 November 1995Appeal(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, respondents 1‑3 had bou…
MUNI LALversusTHE ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LTD. AND ANR.
1995 INSC 7099 November 1995Dismissed
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 dismissed the suit for lac…
JAGE RAM AND ORS. ETC.versusUNION OF INDIA AND ORS.
1995 INSC 7109 November 1995Dismissed
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, arguing that displace…
DAMJIBHAI BIJIBHAI VASAVAversusRANCHHODBHAI ZINABHAI AND ORS.
2000 INSC 599 February 2000Appeal(s) allowed
The respondents filed a partition suit involving land assessed for revenue. The trial court, invoking Section 54 of the Code of Civil Procedure, referred the partition to the Collector, who issued an order. The Collector's order was challenged before the Deputy Secretary under Section 211 of the Bombay Land Revenue Cod…
STATE OF M.P.versusJ.S. BANSAL AND ANR.
1998 INSC 759 February 1998Appeal(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 later directed the Sta…
S.P. GOELversusCOLLECTOR OF STAMPS
1995 INSC 8638 December 1995Dismissed
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 Act, 1986, alleging…
HINDUSTAN CONSTRUCTION CO. LTD.versusSTATE OF BIHAR AND ORS.
1999 INSC 4678 October 1999
Hindustan Construction Co. Ltd. (HCCL) entered into a dam construction contract with the State of Bihar and furnished two bank guarantees – a Performance Guarantee to the Chief Engineer and a Mobilisation Advance Guarantee to the Executive Engineer. The State invoked both guarantees, prompting HCCL to seek an injunctio…
RAJENDRA SINGH AND ORS.versusSTATE OF U.P. AND ORS.
1998 INSC 3898 October 1998Dismissed
The tenure‑holder, Mahant Narendra Das, was served a notice under Section 10(2) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 proposing certain land as surplus. While the proceedings were pending, he executed sale deeds transferring portions of the land to the appellants. The appellants sought a…
BALRAJ TANEJA AND ANR.versusSUNIL MADAN AND ANR.
1999 INSC 3858 September 1999Appeal(s) allowed
Balraj Taneja and others appealed against a Delhi High Court decree granting specific performance to Sunil Madan. The High Court had passed the decree under Order 8 Rule 10 of the CPC solely because the defendants failed to file a written statement, without examining a material factual dispute concerning an Income‑Tax …
THE STATE OF PUNJAB AND ORS.versusBAKSHISH SINGH
1998 INSC 3538 September 1998Case Allowed
B. Singh, a police constable, was dismissed for alleged unauthorized absence. The trial court held that the absence had been regularised as leave without pay, so the misconduct charge did not survive, and also found that Singh was denied a personal hearing and that his signatures were obtained under duress. The lower a…
DR. KRUSHNA CHANDRA SAHU AND OTHERSversusSTATE OF ORISSA AND OTHERS
1995 INSC 5468 September 1995Disposed 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 Service Commission, that s…
STATE OF MADHYA PRADESH AND ANR.versusDHARAM BIR
1998 INSC 2478 June 1998Appeal(s) allowed
The State of Madhya Pradesh appointed Dharm Bir as Principal of an Industrial Training Institute on an ad‑hoc basis, but the 1985 Madhya Pradesh Industrial (Gazetted) Service Recruitment Rules required a degree or diploma in Engineering for that post. When the Rules were promulgated, a promotion committee found Bir ine…
AJAIB SINGHversusTHE SIRHIND COOPERATIVE MARKETING CUM PROCESSING SERVICE SOCIETY LTD. AND ANR.
1999 INSC 1688 April 1999Appeal(s) allowed
Ajaib Singh, a workman, was terminated on 16 July 1974 and alleged that the employer failed to comply with the mandatory provisions of the Industrial Disputes Act, 1947. The dispute was referred to a Labour Court in 1982, which awarded reinstatement with full back wages, but the employer challenged the award in the Hig…
ASHWANI KUMAR MISHRAversusP. MUNIAM BABU AND ORS.
1999 INSC 1698 April 1999Appeal(s) allowed
A.K. Mishra, a 23‑year‑old who was assisting his father’s construction firm, suffered a severe spinal injury in a motor vehicle accident and became permanently disabled. He claimed a monthly income of Rs 2,000, although no documentary proof of employment existed, and sought compensation under the Motor Vehicles Act, 19…
M/S RAWALMAL NARAINDAS AND SONSversusB. AMARNATH AND ANR.
1999 INSC 1708 April 1999Appeal(s) allowed
The appellant, a tenant, occupied a ground‑floor unit of a building in Secunderabad under a lease dated 1967. The landlord, a co‑owner, sought eviction under Section 10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, claiming a bona‑fide requirement to use the premises for his o…
MUNICIPAL CORPORATION OF DELHIversusFEMALE WORKERS (MUSTER ROLL) AND ANR.
2000 INSC 1298 March 2000Dismissed
Female workers employed on a daily‑wage muster roll by the Municipal Corporation of Delhi were denied maternity benefits that regular female employees received. The Industrial Tribunal held that these workers were entitled to the benefits under the Maternity Benefit Act, 1961 and directed the corporation to extend them…
N.AMMADversusTHE MANAGER, EMJAY HIGH SCHOOL AND ORS.
1998 INSC 3517 September 1998Dismissed
The appellant, a senior teacher at Emjay High School, claimed that, after acquiring the requisite qualifications, he should have been appointed Headmaster of the minority‑aided school. The school management instead transferred a qualified teacher from another school and appointed him as Headmaster, prompting the appell…
PUNJAB DAIRY DEVELOPMENT CORPORATION LIMITED AND ANR. ETC.versusKALA SINGH ETC
1997 INSC 4897 May 1997Case 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 the Labour Court's aw…
MIS. R.S. REKHCHAND MOHOTA SPINNIKG AND WEAVING MILLS LTD.versusSTATE OF MAHARASHTRA
1997 INSC 4907 May 1997Disposed off
The appellant, a spinning and weaving mill, installed pumps in 1989 to draw water from the river Wana for industrial use. The Maharashtra Government, under Section 70 of the Maharashtra Land Revenue Code, 1966, issued a resolution fixing rates of water cess for non‑agricultural purposes, and the Tehsildar levied cess o…
PANJKAJESHversusTULSI GRAMIN BANK AND ANR.
1997 INSC 4917 May 1997Dismissed
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 released" and warned th…
MURLIDHAR JALAN (SINCE DECEASED) THROUGH HIS LRS.versusSTATE OF MEGHALAYA AND ORS.
1997 INSC 4927 May 1997Dismissed
Murlidhar Jalan, the appellant, claimed title to a parcel of government land on the basis that he had originally obtained a 99‑year lease which expired in 1965. Although the lease was not formally renewed, a government officer continued to accept rent from the appellant. The appellant sought a declaration that he was t…
UITAM NAMDEO MAHALEversusVITHAL DEO AND ORS.
1997 INSC 4937 May 1997Dismissed
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 order could not be enfo…
ANIL BAPURAO KANASEversusKRISHNA SAHAKARI SAKHAR KARKHANA LTD. AND ANR.
1997 INSC 4947 May 1997Dismissed
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 before the Industrial T…
Y.R VEERANNAversusSTATE OF KARNATAKA AND ORS.
1997 INSC 4957 May 1997Dismissed
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 cultivating the land; his sons…
STATE OF MAHARASHTRAversusPRAVIN JETHALAL KAMDAR (DEAD) BY LRS.
2000 INSC 1247 March 2000Dismissed
The plaintiff, the legal heirs of the deceased Pravin Jethalal Kamdar, had entered into a sale agreement for his urban land within the ceiling limit and applied for permission under Section 27(1) of the Urban Land (Ceiling and Regulation) Act, 1976. The competent authority rejected the application and exercised its pre…
KULWANT SINGHversusAMARJIT SINGH AND TWO ORS. ETC.
2000 INSC 1257 March 2000Case Partly allowed
An incident on 23 September 1989 outside a Munsif court led to cross‑fire between two rival groups, resulting in one death and several injuries. The trial court convicted Amarjit Singh under IPC 307 and the Arms Act, sentencing him to five years rigorous imprisonment and a fine, while Jagsir Singh was convicted under t…
NEW INDIA ASSURANCE CO. LTDversusRULA AND ORS.
2000 INSC 1267 March 2000Dismissed
New India Assurance Co. issued a motor vehicle insurance policy for a truck on 8 November 1991. The same night the truck met with an accident that killed a cleaner and two labourers. The dependants of the deceased filed claims for compensation, but the insurer denied liability, arguing that the policy was cancelled aft…
V.P. STATE SUGAR CORPORATION LTD.versusDY. DIRECTOR OF CONSOLIDATION AND ORS.
2000 INSC 547 February 2000Appeal(s) allowed
The dispute concerned three plots (Nos. 1366‑1368) in Maliyana village, Meerut, which were used as land appurtenant to the staff quarters of Jaswant Sugar Mill (later V.P. State Sugar Corporation). Dewa Ram, the predecessor‑in‑interest of the respondents, claimed sirdari rights based on a lease executed by the Chairman…
STATE OF HARYANA AND ORS.versusMOHINDER SINGH
2000 INSC 557 February 2000Appeal(s) allowed
The State of Haryana issued circulars under Section 432 of the Criminal Procedure Code granting remission of sentence to prisoners confined in jail and those on parole or furlough on a specified date, expressly excluding persons convicted of rape or dowry death. Five respondents were on bail and one, Mohinder Singh, wa…
STATE OF ANDHRA PRADESHversusDR. K. RAMCHANDRAN
1998 INSC 47 January 1998Dismissed
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 Services (Disciplinary Proc…
UNION OF INDIA AND ORS.versusDR. (SMT.) SUDHA SALHAN
1998 INSC 57 January 1998Dismissed
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 issued. She approached…
ZUNJARRAO BHIKAJI NAGARKARversusUNION OF INDIA AND ORS.
1999 INSC 3116 August 1999Appeal(s) allowed
Zunjarrao Bhikaji Nagarkar, then Collector of Central Excise, ordered confiscation of excisable goods and confirmed duty against Mis. Hari Vishnu Packaging Ltd. but did not impose a penalty under Rule 173Q of the Central Excise Rules. The Central Board of Excise directed him to appeal to the Appellate Tribunal on the q…
MRS. MANJU BHATIA AND ANRversusNEW DELHI MUNICIPAL COUNCIL AND ANR.
1997 INSC 4836 May 1997Disposed 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 floors. The flat owners su…
JANBA (DEAD) THROUGH LRS.versusSMT. GOPIKABAI
2000 INSC 1996 April 2000Dismissed
The case concerned a dispute over land held by a tenant who claimed a right to purchase the land under Section 50 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, while the landlord‑widows argued that the purchase right was postponed under Section 41(2). The Supreme Court examined whether the p…
BIR SINGH AND ORS.versusPYARE SINGH AND ORS.
2000 INSC 1216 March 2000Dismissed
The appellants, heirs of a zamindar who had mortgaged a parcel of khudkasht land, sued the mortgagee (later his heirs) for possession under Sections 43(3) and 183 of the Rajasthan Tenancy Act. The district authority and revenue boards ruled in favour of the appellants, declaring them khatedar kashtkar, but the Rajastha…
G.V. RAOversusL.H.V. PRASAD AND ORS.
2000 INSC 1226 March 2000Dismissed
The petitioner, a forward‑community scientist, married respondent No.4 after being told she belonged to a forward caste, later discovering she was from a Scheduled Tribe. He filed a criminal complaint under IPC sections 415, 419, 420 read with 34, alleging cheating due to the caste misrepresentation. The respondents ob…
V.P. AHUJAversusSTATE OF PUNJAB AND ORS.
2000 INSC 1236 March 2000Appeal(s) allowed
V.P. Ahuja was appointed as Chief Executive of the Punjab Co-operative Cotton Marketing and Spinning Mills Federation Ltd on a two‑year probation. The management terminated his services on 2 December 1998, stating that he had failed administratively and technically, invoking a clause that allowed termination without no…
UPTRON INDIA LTD.versusSHAMMI BHAN AND ANR.
1998 INSC 746 February 1998Dismissed
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 termination before t…
CHITTARANJAN SINGH CHIMA AND ANR.versusSTATE OF PUNJAB AND ORS.
1997 INSC 1126 February 1997Dismissed
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 in the civil servic…
S.K. SALDIversusTHE GENERAL MANAGER, U.P. STATE SUGAR CORPORATION LTD. AND ANR.
1997 INSC 1146 February 1997Dismissed
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 department. The mill challenge…
DR. P.N. DUBEY AND ORS.versusSTATE OF MADHYA PRADESH
1997 INSC 1156 February 1997Dismissed
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. Although the State Gover…
STATE OF PUNJAB AND ORS.versusRAM RAKHA AND ORS.
1997 INSC 1176 February 1997Dismissed
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 Union of India, invo…
MADAN PAL SINGHversusSTATE OF U.P. AND ORS.
2000 INSC 76 January 2000Appeal(s) allowed
Madan Pal Singh, a daily‑wage work agent employed by the New Okhla Industrial Development Authority (NOIDA) from July 1982 to August 1986, filed a dispute after his services were terminated. In his conciliation application he mistakenly wrote his name as Madan Lal, and the State of U.P. issued a reference to the Labour…
IN RE: AJAY KUMAR PANDEY...CONTEMNERversus.
1996 INSC 12835 November 1996Disposed 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 opportunities to delete…
U. NILANversusKANNAYYAN (DEAD) THROUGH LRS.
1999 INSC 4595 October 1999Dismissed
The mortgagor (respondent) had mortgaged property to the appellant and, after default, the property was auctioned and the sale was confirmed. The mortgagor filed several applications to set aside the sale and its confirmation, which were dismissed, leading to appeals before the High Court. While those appeals were pend…
ADDL. DISTT. MAGISTRATE (REV.) DELHI ADMN. ETC.versusSHRI SIRI RAM ETC.
2000 INSC 2895 May 2000Dismissed
The Delhi Administration appealed a Delhi High Court order that had quashed amendments made by a 1989 notification to Rules 49, 63, 65, 67 and Form P‑5 of the Delhi Land Revenue Rules. The amendments excluded certain categories of land, such as "Extended Abadi", from being entered in the record‑of‑rights and annual reg…
T.K. GOPAL @ GOPIversusSTATE OF KARNATAKA
2000 INSC 2915 May 2000Dismissed
The appellant, T.K. Gopal, was convicted under Section 376(2) of the Indian Penal Code for raping a 1½‑year‑old girl and sentenced to ten years' rigorous imprisonment and a fine. The Supreme Court issued a notice to consider enhancing the sentence to life imprisonment. The appellant pleaded that nine years of incarcera…
LILY THOMAS, ETC. ETCversusUNION OF INDIA AND ORS.
2000 INSC 2935 May 2000Dismissed
The Supreme Court dismissed a review petition and several writ petitions filed by Lily Thomas and others seeking to set aside the earlier judgment in Sarla Mudgal’s case, which held that a Hindu husband who converts to Islam without dissolving his first marriage commits bigamy under Section 494 IPC. The Court held that…
SHISH RAM AND ORS.versusTHE STATE OF HARYANA AND ORS.
2000 INSC 2945 May 2000Dismissed
The appellants, residents of Khajuri village in Haryana, filed a writ petition seeking to stop the Gram Panchayat from leasing "charand" (common grazing) land and to have it reserved for grazing. The High Court dismissed the petition, holding that charand land falls within the definition of "shamilat‑deh" under the Pun…
ANJUMAN KHADDAMUL HUJJAI, ETC. ETC.versusUNION OF INDIA AND ANR. ETC. ETC.
2000 INSC 2985 May 2000Directions issued
The Supreme Court examined the applicability of the Haj Committee Act, 1959 after pilgrim travel shifted from sea to air in 1993, rendering the ex‑officio members listed in Section 4(1)(a)‑(f) practically redundant. The petitioners sought direction to replace these members, arguing the Act had become obsolete, while th…
REAL VALUE APPLIANCES LTD. ETC.versusCANARA BANK AND ORS. ETC.
1998 INSC 2165 May 1998Appeal(s) allowed
Real Value Appliances Ltd. faced a winding‑up petition and a suit for recovery of money filed by Canara Bank and Union Bank. The Bombay High Court appointed a provisional liquidator and later, in a separate proceeding, a receiver, holding that the mere registration of a reference under s.15 of the Sick Industrial Compa…
GOVIND A. MANE AND ORS.versusSTATE OF MAHARASHTRA AND ORS.
2000 INSC 1915 April 2000Dismissed
The appellants, having passed the 12th examination with 63‑65% marks, applied for admission to a B.Ed. course that was filled through a common entrance test. Seats were allocated on a district‑wise basis among Parbhani, Nanded, Beed and Latur, and the appellants challenged this allocation as violative of Article 14 of …
T. VIJAYAN AND ORS .versusDIVISIONAL RAILWAY MANAGER AND ORS.
2000 INSC 1935 April 2000Dismissed
The case concerned the inter‑se seniority of direct recruit firemen (appellants) and firemen promoted on an ad‑hoc basis (respondents) in the South Central Railway. The appellants were appointed as First Firemen after completing two years of training, but their appointment letters stipulated that their seniority was su…
STATE OF HARYANA AND ORS.versusPREM SINGH AND ORS. ETC.
2000 INSC 1965 April 2000Case Partly allowed
The respondents, including Prem Singh, were appointed as Ziledars and later promoted to Deputy Collector, a Class II post in the Irrigation Department. They sought appointment as Tehsildar, also a Class II post in the Revenue Department, claiming that the transfer constituted a promotion and that reservation benefits f…
YOGENDRA SINGH RAWAT AND ORS. ETC.versusHEMWATI NANDAN BAHUGUNA GARHWAL UNIVERSITY AND ORS.
1998 INSC 685 February 1998Dismissed
The appellants, who had been appointed as ad‑hoc lecturers in Hemwati Nandan Bahuguna Garhwal University under s.13(6) of the U.P. State Universities Act, 1973 between August 1990 and February 1991, sought substantive appointment under the U.P. State Universities (Amendment) Act, 1992. The key question was which set of…
M/S BHARAT SALES LTD.versusLIFE INSURANCE CORPORATION OF INDIA
1998 INSC 725 February 1998Dismissed
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 tenant had sub‑let the pr…
NEETA KAPLISHversusPRESIDING OFFICER LABOUR COURT AND ANR.
1998 INSC 4634 December 1998Appeal(s) allowed
The appellant, a clerk at Dayanand Medical College and Hospital, was dismissed after a domestic enquiry that she alleged was biased and violated natural justice. The Labour Court found the enquiry to be unfair and ordered the management to lead fresh evidence on the merits, but the management relied only on the enquiry…
HARYANA STATE AGRICULTURAL MARKETING BOARDS AND ORS.versusSH. GANESH RICE AND GENERAL MILLS AND ANR.
1998 INSC 4644 December 1998Appeal(s) allowed
The first respondent, a dealer under the Punjab Agricultural Produce Market Act, purchased paddy outside the jurisdiction of the Kamal Market Committee and filed a return in Form M late, leaving the column on fee liability blank. The Committee levied a market fee, rejecting the dealer's claim of exemption on the ground…
SRI SIDDAPPA (DEAD) BY LRS. AND ORS.versusTHE STATE OF KARNATAKA AND ORS.
2000 INSC 2874 May 2000Appeal(s) allowed
The appellant, a permanent tenant of a 5‑acre plot in Karnataka, faced a resumption order under Section 14 of the Karnataka Land Reforms Act, 1961 for half of his land. Although the order was partially in the landlord's favour, the landlords never took possession and appealed for the entire plot. While the appeal was p…
BENNY T.D. AND ORS. ETC. ETC.versusREGISTRAR CO-OPERATIVE SOCIETIES AND ANR. ETC. ETC.
1998 INSC 2154 May 1998Disposed off
The Supreme Court examined the rescission of appointments of clerks by the Registrar of Co‑operative Societies in two banks, on the ground that the banks allegedly violated Section 80(4) of the Kerala Co‑operative Societies Act, Rules 186 and 187, exceeded approved staff strength, and failed to follow a statutory circu…
SUDARSHAN NATH AND ORS.versusSTATE OF PUNJAB AND ORS.
2000 INSC 1854 April 2000Dismissed
The case concerned surplus land of a large landholder, Raghubinder Nath, whose ceiling was fixed under the Punjab Security of Land Tenures Act, 1953 and a portion declared surplus. Jagat Ram, a tenant, obtained a decree for allotment of the surplus land and the Collector allotted it to him; he deposited the purchase pr…
UNION OF INDIA AND ORSversusK. SAVITRI AND ORS.
1998 INSC 1284 March 1998Appeal(s) allowed
The respondents, originally employed by the Rehabilitation and Reclamation Organisation, were declared surplus and redeployed to All India Radio under the Central Civil Services (Redeployment of Surplus Staff) Rules, 1990. Their past service and experience in the parent organisation were not taken into account for seni…
UNION OF INDIA AND ORS.versusM/S ORIENT ENTERPRISES ETC.
1998 INSC 1294 March 1998Appeal(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 imported was dismissed, and…
VIMAL KUMARIversusSTATE OF HARYANA AND ORS.
1998 INSC 664 February 1998Appeal(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 High Court ordered t…
UNION OF INDIA AND ORS.versusDUDH NATH PRASAD.
2000 INSC 14 January 2000Dismissed
Dudh Nath Prasad, an IAS officer, was appointed in 1968 to a reserved Scheduled Caste (SC) vacancy based on a caste certificate issued by the Sub‑Divisional Officer, Howrah, West Bengal. Although he was born, educated and held property in Bihar, his parents had been residing in Howrah for over 30 years before the 1966 …
THE STATE OF GUJARAT AND ANR.versusSURYAKANT CHUNILAL SHAH
1998 INSC 4583 December 1998Dismissed
The respondent, S.C. Shah, an Assistant Food Controller (Class II) in Gujarat, was accused of issuing bogus cement permits and fabricating a government stamp, leading to his suspension and two FIRs under the Indian Penal Code and the Prevention of Corruption Act. A Review Committee was convened under Rule 161 of the Bo…
N. BALAKRISHNANversusM. KRISHNAMURTHY
1998 INSC 3453 September 1998Disposed off
The respondent obtained an ex‑parte decree against the appellant. The appellant filed an application to set aside the decree but delayed filing it by 883 days, citing his advocate's negligence as the cause. The trial court, applying Section 5 of the Limitation Act, 1963, accepted the explanation and condoned the delay.…
COMMON CAUSE, A REGISTERED SOCIETYversusUNION OF INDIA & ORS.
1999 INSC 2993 August 1999Case Allowed
The Supreme Court reviewed a petition challenging its earlier orders that directed the Minister of State for Petroleum, Capt. Satish Sharma, to pay Rs.50 lakh as exemplary damages to the Government and to undergo CBI investigation for alleged criminal breach of trust. The Court held that the earlier directions were err…
M/S INDIA PHOTOGRAPHIC CO. LTD.versusH.D. SHOURIE
1999 INSC 3003 August 1999Dismissed
The respondent filed a consumer complaint alleging that India Photographic Co. Ltd., a distributor of Kodak film rolls, sold the rolls without printing the sale price on each package, contrary to Rule 6(1)(t) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977. The District Consumer Forum, the S…
DEEP CHAND AND ORS.versusMOHAN LAL
2000 INSC 1823 April 2000Dismissed
The respondent obtained a decree for specific performance of a contract that directed the sale deed to be executed before possession could be taken. The decree stipulated that it would become enforceable only after the sale deed was executed, which occurred on 23 March 1984. The decree‑debtors failed to comply with pay…
PRASHANT KUMAR SHARIversusGHAZIABAD DEVELOPMENT AUTHORITY
2000 INSC 1833 April 2000Dismissed
The appellant had been allotted a plot by the Ghaziabad Development Authority (GDA) after paying registration, reservation and the first two instalments. He delayed further payments, alleging that the Authority had not completed development and therefore possession was delayed. The GDA issued a letter on 28‑Feb‑1995 de…
GOPALANKUTTY NAIR AND ORS.versusKUNHIRAMA THARAKAN AND ORS.
2000 INSC 1183 March 2000Appeal(s) allowed
The plaintiffs claimed exclusive title and possession over a bund (thedaya varamba) and alleged that the first defendant had trespassed upon it. The trial court held the bund was a common bund but did not expressly decide whether the disputed portion formed part of it; the High Court, in a proactive step, divided the b…
ROHINI PRASAD AND ORS.versusKASTURCHAND AND ANR.
2000 INSC 1193 March 2000Dismissed
The dispute concerned agricultural land in Madhya Pradesh where the original bhumiswami sold the land to the respondent but had earlier granted a one‑year lease to the appellant. The appellant claimed the lease was renewed for a second year, thereby acquiring bhumiswami rights under the Madhya Pradesh Land Revenue Code…
G.P. SRIVASTAVAversusSHRI R.K. RAIZADA AND ORS.
2000 INSC 1203 March 2000Appeal(s) allowed
The appellant, a tenant, was subject to an ex‑parte decree for arrears of rent, ejectment and damages after failing to appear at the hearing on 10 March 1983. He filed an application under Order 9 Rule 13 of the Code of Civil Procedure, claiming that his absence was due to official duties, illness, and the death of his…
ALLAHABAD AND ORS.versusTHE DEPUTY DIRECTOR OF CONSOLIDATION
2000 INSC 503 February 2000Dismissed
The appellants, Sheo Nano and others, claimed Sirdari rights over several plots by adverse possession, while the Deputy Director of Consolidation, acting under the U.P. Consolidation of Holdings Act, 1953, found the recorded tenure‑holder Jethu to be a civil death with no heirs and ordered the land to vest in the Gaon …
V.S. PALANICHAMY CHEITIAR FIRMversusC. ALAGAPPAN AND ANR.
1999 INSC 363 February 1999Appeal(s) allowed
The appellant, a vendor, sold two plots of land to the respondents in 1980. The respondents sued for specific performance; the trial court decreed performance, directing the respondents to deposit the balance price by March 31, 1983, and the vendor to execute sale deeds. After the decree became final, the respondents f…
H.P. STATE ELECTRICITY BOARDversusSHRI K.R. GULATI
1998 INSC 543 February 1998Appeal(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 be considered for p…
DR. ANIL KUMAR SINHAversusTHE STATE OF BIHAR AND ORS.
1998 INSC 553 February 1998Disposed 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 Government Circular dated 7 …
STATE OF HIMACHAL PRADESHversusLEKH RAJ AND ANR.
1999 INSC 5092 November 1999Case Partly allowed
The State of Himachal Pradesh appealed the acquittal of Lekh Raj and Diwan Chand for the alleged rape of a 55‑year‑old widow. The prosecution relied on the victim's testimony, her injuries, and forensic evidence of blood and semen on her torn salwar. The High Court had set aside the conviction on the grounds that the i…
AJIT KUMAR RATHversusSTATE OF ORISSA
1999 INSC 5102 November 1999Appeal(s) allowed
The appellant, an engineer promoted on an ad‑hoc basis in 1972 pending Public Service Commission approval, challenged the seniority list that placed direct recruits appointed the same year ahead of him. The Orissa Administrative Tribunal initially held the appellant senior, but on review reversed its decision, relying …
RAVNEET SINGH BAGGAversusM/S. KLM ROYAL DUTCH AIRLINES AND ANR.
1999 INSC 5112 November 1999Dismissed
The appellant booked a journey from New Delhi to New York with KLM (respondent No.1) and also secured an earlier connecting flight with TWA (respondent No.2). At Amsterdam, KLM staff, suspecting irregularities in his US visa (photocopy of photograph and dual bookings), delayed his onward travel for a verification proce…
ORIENTAL INSURANCE CO. LTD.versusSAMA YANALLUR PRIMARY AGRICULTURAL COOP. BANK
1999 INSC 5122 November 1999Appeal(s) allowed
The Oriental Insurance Company issued a burglary insurance policy to SAMA Yanallur Primary Agricultural Co‑op Bank covering loss of cash or jewellery kept in a "safe". A burglary resulted in the theft of a cashier's cash box containing cash and pledged jewellery. The District Consumer Forum allowed the bank's claim, bu…
THE STATE OF BIHAR ETC.versusDR. BRAJ KUMAR MISHRA AND ORS.
1999 INSC 5132 November 1999Dismissed
Dr. B.K. Mishra (Respondent No.1) was selected for promotion to Professor under a 16‑year time‑bound scheme in 1990 with retrospective effect from 1‑Feb‑1985, but the promotion was provisional pending approval of the Bihar State University Services Commission. The Commission delayed action and later questioned the cons…
ASHOK GANGADHAR MARATHAversusORIENTAL INSURANCE CO. LTD.
1999 INSC 3782 September 1999Appeal(s) allowed
Ashok Gangadhar Mara Tha owned a Swaraj Mazda truck classified as a light motor vehicle and insured it with Oriental Insurance. The vehicle was totally damaged in an accident, but the insurer denied the claim, alleging that the driver held only a licence for a light motor vehicle and not for a transport (goods carriage…
ROHTASH SINGHversusSMT. RAMENDRI AND ORS.
2000 INSC 1152 March 2000Dismissed
The husband obtained a decree of divorce on the ground of desertion, but the wife filed an application for maintenance under Section 125 of the Code of Criminal Procedure during the pendency of the divorce suit. The Family Court allowed the maintenance despite being aware of the pending divorce decree, and the husband’…
MUSHIR MOHAMMED KHAN (DEAD) BY LRS.versusSMT. SAJEDA BANO AND ORS.
2000 INSC 1162 March 2000Disposed off
The plaintiff, who had bought a house for Rs 3,000, sold it to the defendant for Rs 1,000 by a sale deed, and shortly thereafter executed an agreement to reconvey the property on repayment of Rs 1,000 within two years, also executing a rent note to pay rent to the defendant. The plaintiff sued for redemption, claiming …
SRI TARSEM SINGHversusSRI SUKHMINDER SINGH
1998 INSC 512 February 1998Dismissed
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 the land's area, an es…
M/S. UPADHYAY AND CO.versusSTATE OF U.P. AND ORS.
1998 INSC 4521 December 1998Dismissed
Mis. Upadhyay & Co. was permitted to collect tolls on the Shastri Bridge for a limited period and later sought to continue collection at revised rates. Various writ petitions were filed in the Allahabad High Court, resulting in interim orders, a Supreme Court set‑aside of those orders, and a High Court direction dated …
S.L. CHANDRAKISHORE SINGH ETC. ETC.versusSTATE OF MANIPUR AND ORS. ETC. ETC.
1999 INSC 4521 October 1999
The petitioners, police officers of the Manipur Police Service, were appointed in officiating capacity under Rule 24 and later re‑appointed under Rule 5(1)(b) and Rule 16, but their officiating service was ignored in the seniority list. They challenged the order in the Gauhati High Court; a Single Judge treated their o…
M.S. BINDRAversusUNION OF INDIA AND ORS.
1998 INSC 3331 September 1998Case Allowed
M.S. Bindra, a senior Indian Revenue Service officer, was compulsorily retired on the ground that his integrity was doubtful, based on three investigations cited by a Screening Committee. The Committee’s conclusions were challenged before the Central Administrative Tribunal, which dismissed the appeal, leading to a pet…
SAMEE KHANversusBJNDU KHAN
1998 INSC 3341 September 1998Dismissed
Two neighbours were litigating over a narrow lane. The plaintiff obtained an interim injunction restraining the defendant from obstructing the lane, but the defendant erected a brick wall in defiance. The trial court, invoking Order 39 Rule 2A of the Code of Civil Procedure, ordered the defendant's civil imprisonment f…
C.K. ANTONYversusB. MURALEEDHARAN AND ORS.
1998 INSC 3301 September 1998Dismissed
The appellants, former Rangers promoted temporarily as Assistant Conservators of Forests under Rule 9(a)(i), claimed seniority over directly recruited Assistant Conservators appointed after 1 May 1978. The High Court dismissed the claim, holding that temporary or stop‑gap appointments do not constitute an appointment t…
AGAUTA SUGAR AND CHEMICALSversusSTATE OF U.P. AND ORS.
1997 INSC 4591 May 1997Leave 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 Court issued interim di…
M/S ASHOK PAPER MILLS KAMGAR UNIONversusUNION OF INDIA AND ORS.
1997 INSC 4601 May 1997Disposed 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 despite technical o…
SRI RAJ PAL VERMA AND ORS.versusCHANCELLOR OF MEERUT UNIVERSITY (RENAMED AS CH. CHARAN SINGH UNIVERSITY), RAJ BHAWAN, LUCKNOW AND ORS.
1997 INSC 4611 May 1997Leave Granted & Dismissed
The case concerned the appointment of K.K. Sharma as Professor of Ancient History at Meerut University. The Selection Committee, lacking two external experts, selected Sharma, but the Executive Council rejected the selection because Sharma did not hold a Ph.D. in Ancient History. Under Section 31(8)(a) of the U.P. Univ…
UNION OF INDIAversusE.I.D. PARRY (INDIA) LTD.
2000 INSC 441 February 2000Appeal(s) allowed
The respondent, E.I.D. Parry (India) Ltd., sued the Union of India for recovery of demurrage charged by the Railways for failing to unload ten box wagons within the free time. The trial court decreed a partial refund and the High Court upheld that decree but, on its own motion, struck down Part 1A of the Southern Railw…