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258 judgments · newest first · showing 1–200

T.N. GODAVARMAN THIRUMULPAD AND ANR.versusUNION OF INDIA AND ORS. ETC.

1998 INSC 25

The Supreme Court entertained a writ petition under Article 32 concerning massive quantities of illicitly felled timber in the North‑Eastern states. The Court examined the High Power Committee's report and the Ministry of Environment and Forests' perception on the need for urgent disposal, …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1998 INSC 12

In this public interest litigation, the Supreme Court was asked to clarify the status of an ad‑hoc committee headed by Justice R.K. Shukla that had been constituted under a previous order of the Court. The Court had subsequently created a permanent Environment Pollution (Prevention and Control) …

SURESH CHANDRA SHARMAversusCHAIRMAN, UPSEB AND ORS.

1998 INSC 13

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

COLLECTOR OF CENTRAL EXCISE, BOMBAYversusM/S. K.W.H. HELIPLASTICS LTD.

1998 INSC 11Appeal(s) allowed

The Collector of Central Excise, Bombay, appealed against K.W.H. Heloplastics Ltd. for non‑payment of excise duty on plastic tanks and vats. The department classified the goods under Heading 39.25, Sub‑heading 3925.10 as "builders' ware" liable to duty, while the assessee claimed exemption under …

M.C. MEHTA ETC.versusUNION OF INDIA AND ORS.

1998 INSC 3

The Supreme Court considered a petition filed under Article 32 seeking clarification on the constitution of an Environment Pollution (Prevention and Control) Authority for the National Capital Region (NCR) under Section 3 of the Environment Protection Act, 1986. The Court examined whether the …

ALMITRA H. PATEL AND ANR.versusUNION OF INDIA AND ORS.

1998 INSC 1

In a writ petition under Article 32, Almitra H. Patel and another sought directions for improvement of urban solid waste management in Class‑I cities, alleging violations of the right to a healthy environment. The Supreme Court examined the need for a coordinated approach involving municipal …

MALPE V!SHWANATH ACHARYA AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

1997 INSC 831Disposed off

The appellants, a group of landlords, challenged Sections 5(10)(B), 11(1) and 12(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, which fixed "standard rent" at the level prevailing on 1 September 1940 or at the first letting, thereby preventing rent increases. They argued …

VINEET NARAIN AND ORSversusUNION OF INDIA AND ANR.

1997 INSC 826Disposed off

The Supreme Court examined public‑interest writ petitions filed after the CBI seized diaries implicating senior politicians and bureaucrats. The petitions alleged that the CBI and revenue authorities had failed to investigate the allegations and that a government "Single Directive" requiring prior …

PREMIER BREWERIES ETC.versusSTATE OF KERALA

1997 INSC 827Dismissed

Premier Breweries, a dealer in Indian Made Foreign Liquor, sold liquor in bottles packed in cardboard cartons and was assessed sales tax at 8% on the cartons under Entry 97 of the Kerala General Sales Tax Act, 1963. The Deputy Commissioner, invoking sections 5(5) and 5(6) of the Act, revised the …

M.C. MEHTA ETC.versusUNION OF INDIA AND ORS.

1997 INSC 818Directions issued

In M.C. Mehta v. Union of India (Writ Petition (C) No.13029 of 1985), the Supreme Court issued comprehensive directions under the Motor Vehicles Act, 1988 and the Motor Vehicles Rules, 1993 to improve road safety and curb environmental pollution. The Court ordered verification of all commercial …

B.S. BAJWA AND ANR.versusSTATE OF PUNJAB AND ORS.

1997 INSC 807Directions issued

B.S. Bajwa and B.D. Gupta, former short‑service commissioned officers who joined the Punjab Water Works Department in 1971‑72, were placed junior to several colleagues in the department’s gradation list. After more than a decade they filed a writ petition in 1984 seeking to have their date of …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1997 INSC 804Disposed off

The Delhi Outdoor Advertisers Association filed an application seeking clarification and modification of the Supreme Court's November 20, 1997 order directing the removal of roadside hoardings that disturb safe traffic movement. The Association argued that the order allowed authorities to act …

ORIENTAL INSURANCE CO, LTD.versusINDERJIT KAUR AND ORS.

1997 INSC 792Dismissed

A bus was insured by Oriental Insurance Co. Ltd. on 30 November 1989. The premium was paid by cheque which later bounced, and the insurer sent a notice that it was not at risk. The premium was finally paid in cash on 2 May 1990, but the bus met with an accident on 19 April 1990, killing the truck …

SUMITOMO HEAVY INDUSTRIES LTD.versusONGC LTD. AND ORS.

1997 INSC 788Dismissed

Sumitomo Heavy Industries Ltd entered into a contract with ONGC Ltd for the installation of an oil platform, containing a clause that disputes would be governed by Indian law and arbitrated in London under ICC rules. A dispute led to arbitration, and the appointed umpire issued an award. ONGC filed …

ORIENTAL INSURANCE CO. LTD.versusSUNITA RATH! AND ORS.

1997 INSC 789Appeal(s) allowed

A motor vehicle accident occurred on 10 December 1991 at 2:20 p.m. The owner obtained an insurance policy later that same day at 2:55 p.m., the cover note expressly stating that the policy would become effective at 2:55 p.m. The insurer paid the claimants in full, but the High Court held that the …

RAJIV MITTALversusMAHARSHI DAYANAND UNIVERSITY AND ORS.

1997 INSC 767Appeal(s) allowed

The case concerned admission to the MBBS programme at Rohtak Medical College, where 60 seats were divided into 49 open‑category and 11 backward‑class reserved seats. Sunil Yadav (S) ranked first in the backward‑class list but 62nd in the open list; he failed to obtain an open‑category seat in the …

NAGA PEOPLE'S MOVEMENT OF HUMAN RIGHTS ETC.versusUNION OF INDIA

1997 INSC 763Disposed off

The Supreme Court examined challenges to the Armed Forces (Special Powers) Act, 1958 (AFSPA) and the Assam Disturbed Areas Act, 1955, along with notifications declaring disturbed areas in several northeastern states. Petitioners argued that Parliament lacked competence to enact AFSPA, that the Act …

KASAMBHAI F. GANCHIversusCHANDUBHAI D. RAJPUT AND ORS.

1997 INSC 753Appeal(s) allowed

The appellant, K.F. Ganchi, a member of the Backward Classes, was elected as a councillor from a general (unreserved) ward of Jambusar Municipality. The roster for 1997 required that the President of the municipality be a Backward Class member. Respondent No.1, Chandubhai Rajput, contended that only …

M.C. MEHTAversusUNION OF INDIA AND ORS. ETC.

1997 INSC 747Directions issued

The Supreme Court entertained a writ petition filed by environmental lawyer M.C. Mehta under Article 32 seeking directions to curb the growing menace of unregulated traffic in the National Capital Region (NCR) and National Capital Territory (NCT) of Delhi. Relying on the Motor Vehicles Act, 1988 and …

GENERAL MANAGER, TELECOMversusS. SRINIVASA RAO AND ORS .

1997 INSC 731Dismissed

The Department of Telecom (DoT) of the Union of India appealed a High Court order that held the DoT to be an "industry" under the Industrial Disputes Act, 1947. The Supreme Court examined whether the DoT, engaged in commercial telecommunications services and not performing sovereign functions, falls …

THE COMMUNIST PARTY OF INDIA (M)versusBHARAT KUMAR AND ORS.

1997 INSC 726Dismissed

The Communist Party of India (Marxist) organized a bandh in Kerala, prompting a petition that the bandh violated citizens' fundamental rights under Articles 19 and 21 of the Constitution. The respondents contended that the bandh interfered with the freedom of speech, assembly and personal liberty of …

THE CHIEF GENERAL MANAGER, STATE BANK OF INDIA AND ANR.versusSHRI BIJOY KUMAR MISHRA

1997 INSC 668Appeal(s) allowed

Bijoy Kumar Mishra was appointed as a probationary officer of the State Bank of India in October 1980. He remained unauthorisedly absent from duty from April 1981 and, after a brief appearance in August 1983, was absent until 1988. The bank’s service rules fixed a maximum probation period of three …

STATE OF BIHAR AND ORS.versusINDIAN ALUMINIUM COMPANY AND ORS.

1997 INSC 667Dismissed

The State of Bihar enacted the Bihar Forest Restoration and Improvement of Degraded Forest Land Taxation Act, 1992 to levy a tax on the excavation and use of forest land for non‑forest purposes. Respondents, including Indian Aluminium Company, held mining leases under the Mines and Minerals …

UNION OF INDIA AND ANR.versusR. SWAMINATHAN ETC. ETC.

1997 INSC 653Appeal(s) allowed

The respondents, employees of the Department of Posts and Telegraph, claimed that on promotion they received lower pay than juniors who were later promoted, alleging an anomaly that should be remedied by stepping up their pay under Government Order No. F2(78) E.III(A)/66. The Central Administrative …

M/S. L.M.L. LIMITEDversusCOLLECTOR OF CENTRAL EXCISE, KANPUR

1997 INSC 615Appeal(s) allowed

L.M.L. Ltd., a scooter manufacturer, purchased duty‑paid cold‑rolled steel sheets under tariff heading 7212.50 and claimed MODVAT credit. After cutting the sheets, the remaining off‑cuts were used to make small ancillary parts. The Collector of Central Excise held that the off‑cuts should be …

STATE OF MADHYA PRADESH AND ORS.versusBHARAT HEAVY ELECTRICALS

1997 INSC 608Appeal(s) allowed

The respondents, registered dealers under the Sales Tax Acts, manufactured and sold goods both locally and outside the local area. Under the Madhya Pradesh Entry Tax Act, 1976, they were required to declare that goods sold were local and that no entry tax had been paid; failure to do so invoked …

VISHAKA AND ORS.versusSTATE OF RAJASTHAN AND ORS.

1997 INSC 604Disposed off

The Supreme Court entertained a class-action writ petition filed by Vishaka and NGOs seeking enforcement of the fundamental rights of working women under Articles 14, 19(1)(g) and 21 of the Constitution, prompted by a gang‑rape incident in Rajasthan. The Court held that sexual harassment of women in …

CHAIRMAN, RAILWAY BOARD AND ORS.versusC.R. RANGADHAMAIAH AND ORS. ETC. ETC.

1997 INSC 573Dismissed

The case concerned railway employees who retired between 1 January 1973 and 4 December 1988 and whose pension was to be calculated under Rule 2544 of the Indian Railway Establishment Code, which then allowed a running allowance of up to 75% of other emoluments. The Railway Board later issued …

K.C. SHARMA AND ORS.versusUNION OF INDIA

1997 INSC 574Appeal(s) allowed

The appellants, former guards of the Northern Railway who retired between 1980 and 1988, challenged a 1988 notification that retrospectively reduced the percentage of running allowance used to calculate pension from 75% to 45% (1973‑1979) and to 55% thereafter. The Full Bench of the Central …

MEHNGA RAM AND ANR.versusO.P. SAXENA ETC.

[1997] SUPP. 2 S.C.R. 695Appeal(s) allowed

The respondents, promoted from the running cadre (Driver Grade‑C) to the stationary post of Loco Supervisor before 1 January 1986, claimed that their pay should be stepped up to match that of a senior colleague, Sh. P.N. Kareer, who was promoted after the revised pay scales came into force and …

ANUKUL CHANDRA PRADHANversusUNION OF INDIA AND ORS.

1997 INSC 545Dismissed

Anukul Chandrapradhan filed a writ petition under Article 32 challenging Section 62(5) of the Representation of the People Act, 1951, which bars prisoners and persons in police custody from voting, except those under preventive detention. He contended that the provision violated Articles 14 and 21 …

NIRMA INDUSTRIES LTD.versusDIRECTOR GENERAL OF INVESTIGATION AND REGISTRATION

1997 INSC 484Disposed off

Nirma Industries Ltd., a manufacturer of washing powders, launched a prize‑lottery scheme by placing coupons in its detergent packs. A consumer complaint alleged that Nirma had raised the price of its detergent shortly before the scheme to recover the value of the prizes, constituting an unfair …

STATE OF U.P. AND ANR.versusC.L. AGARWAL AND ANR. ETC.

1997 INSC 465Dismissed

The respondent, a former employee of the Allahabad High Court, received four premature salary increments by orders of the Chief Justice but the State of Uttar Pradesh excluded those increments when calculating his pension. The respondent challenged this in a writ petition, which a Full Bench of the …

UNION OF INDIAversusC. RAMA SWAMY AND OTHERS

1997 INSC 394Appeal(s) allowed

The respondent, an IPS officer recruited in 1968, had his date of birth recorded as 17 June 1939 in his service book, based on his school certificate and application. In 1982 he sought to change it to 15 June 1941, citing his horoscope and a sub‑registrar's record, but both the state and central …

PREM NATH SHARMAversusSTATE OF U.P. AND ANR.

1997 INSC 395Dismissed

Prem Nath Sharma, who held a mining lease for a granite unit under the Uttar Pradesh Minor Minerals (Concession) Rules, 1963, saw his lease expire on 31 March 1995. The District Magistrate (DM) issued a notice on 31 March 1995 under Rule 72(ii) inviting applications for a fresh lease, specifying 2 …

ALLAHABAD BANK AND ANR.versusDEEPAK KUMAR BHOLA

1997 INSC 266Appeal(s) allowed

Allahabad Bank suspended clerk Deepak Kumar Bhola under clause 19.3(a) of the First Bipartite Settlement after a CBI investigation and charge‑sheet alleging forgery, cheating and other offences involving moral turpitude. Bhola challenged the suspension before the Allahabad High Court, which quashed …

T.N. GODAVARMAN THIRUMULKPAD ETC.versusUNION OF INDIA AND ORS. ETC. ETC.

1997 INSC 226Disposed off

The Supreme Court, hearing a writ petition under Article 32 challenging the implementation of the Forest Conservation Act, 1980, modified its earlier interim order of 12 December 1996. It directed the constitution of a High Power Committee to prepare an inventory of all timber and timber products in …

CENTRAL BUREAU OF INVESTIGATIONversusSHRI CHANDRASWAMI @ NEMI CHAND JAIN ETC.

1997 INSC 201Appeal(s) allowed

The Central Bureau of Investigation (CBI) was directed by the Delhi High Court on 18‑12‑1996, in an anticipatory bail application, to give the applicant three days’ notice before any arrest. The CBI issued such a notice on 18‑01‑1997, after which the High Court restrained the CBI from acting on the …

STATE OF M.P.versusSURESH KUMAR

1997 INSC 121Appeal(s) allowed

The State of Madhya Pradesh appealed against a High Court order that had set aside a confiscation order against the owner of a truck that was found carrying 120 teak logs illegally. The truck was stopped by forest officials; the occupants opened fire and fled, and the vehicle was seized under …

SATNAM SINGH AND ORS.versusPUNJAB AND HARYANA HIGH COURT AND ORS.

1997 INSC 122Appeal(s) allowed

The Supreme Court examined whether Rules 16 and 30 of the Punjab and Haryana High Court Establishment (Appointment and Conditions of Service) Rules, 1973—rules that dealt with recruitment quota and seniority—came into force on 1 March 1974 or on 23 January 1975. The Court held that the proviso to …

INDIAN OIL CORPORATION LTD. AND ANR.versusASHOK KUMAR ARORA

1997 INSC 106Appeal(s) allowed

The respondent, a senior stenographer in Indian Oil Corporation Ltd., was identified by a vigilance enquiry as the organiser of a scheme in which employees submitted forged medical certificates and bills to obtain reimbursements, causing monetary loss to the corporation. He was charge‑sheeted, …

SHRI KAILASH CHAND AND ORS.versusLT. GOVERNOR OF DELHI AND ORS.

1997 INSC 86Dismissed

The petitioners challenged the constitutional validity of the amendment made on 19 May 1989 to Rule 26(3) of the Delhi Administration Subordinate Service Rules, 1967, which provided for the integration of seniority of officers from the Executive and Ministerial branches by a 'rota' system. The …

THE STATE OF BIHAR AND ORS.versusSHEO NARAYAN SINGH

1997 INSC 60Appeal(s) allowed

Sheo Narayan Singh, a constable in the Bihar Military Police, was dismissed for forging his military service records. He appealed the dismissal, which was set aside by the Deputy Inspector General but later restored by the Director General using power under Rule 853‑A of the Bihar Police Manual. The …

UNION OF INDIA AND ORS.versusSUSHIL KUMAR MODI AND ORS.

1997 INSC 51Disposed off

The Supreme Court reviewed orders of the Patna High Court that were monitoring the Central Bureau of Investigation's (CBI) probe into the Bihar scam. The Court clarified that the High Court's role is limited to ensuring that the CBI performs its statutory duty and must not pass on the merits of the …

THE STATE BANK OF INDOREversusGO VIND RAO

1997 INSC 33Appeal(s) allowed

Govindrao, an agent of the State Bank of Indore, was charged with causing loss to the bank by allowing large loans to be granted in violation of banking rules, which later became irrecoverable. The disciplinary authority dismissed him from service, and his subsequent appeals—including a special …

STATE OF RATASTHAN AND ANR.versusAMRIT LAL GANDHI AND ORS

1997 INSC 13Appeal(s) allowed

The State of Rajasthan and others appealed a Rajasthan High Court judgment that had applied a revised university pension scheme retrospectively from 1 January 1986 to teachers who retired between 1 January 1986 and 1 January 1990. The university had introduced the pension scheme only after the State …

T. N. GODAVARMAN THIRUMULKPAD ETC.versusUNION OF INDIA AND ORS.

1996 INSC 1477Disposed off

The Supreme Court examined the scope of the Forest Conservation Act, 1980 and clarified that the term "forest" includes all statutorily recognised forests irrespective of ownership. It held that any activity such as operating saw‑mills, veneer or plywood mills, or mining within forest areas is a …

ANUJ KUMAR DEY AND ANR.versusUNION OF INDIA AND ORS.

1996 INSC 1400Appeal(s) allowed

Anuj Kumar Dey enlisted in the Indian Navy as an Artificer Apprentice on 12 August 1971, took the oath of allegiance, and underwent four years of training before being promoted to Electrical Artificer in August 1975. After his release on 31 January 1988, the Navy denied him pension benefits on the …

PHOOLAN DEVI ETC.versusSTATE. OF M.P. AND ORS. ETC.

1996 INSC 1392Disposed off

Phoolan Devi surrendered in Madhya Pradesh in 1983 and was released on parole after serving eleven years of custody. She filed a writ petition under Article 32 seeking her release and the quashing of about 55 criminal prosecutions pending in Uttar Pradesh, alleging violation of her Article 21 right …

BHOLA NATH MUKHERJEE AND ORS.versusGOVERNMENT OF WEST BENGAL AND ORS.

1996 INSC 1372Dismissed

The Asansol Electricity Supply Co. Ltd., a licensee under the Indian Electricity Act, 1910, had its licence revoked and was compelled to sell its undertaking to the West Bengal State Electricity Board (the Board). The Board paid a purchase price and continued the employees, but offered them fresh, …

PRIMA REALTYversusUNION OF INDIA AND ORS.

1996 INSC 1317Appeal(s) allowed

Prima Realty, a partnership firm, entered into a compulsory purchase agreement with the Union of India for a property in Chembur. The Central Government was required to tender the consideration within one month of the purchase order, but the cheque issued to Prima Realty was incorrectly made out to …

M.M.T.C. LIMITEDversusSTERLITE INDUSTRIES (INDIA) LTD.

1996 INSC 1318Disposed off

M.M.T.C. Ltd. appealed against a High Court order directing it to appoint an arbitrator under the Arbitration and Conciliation Act, 1996. The dispute arose after the 1996 Act came into force, so the Court examined whether the arbitration clause in a 1993 agreement, which provided for each party to …

R. THIRUVIRKOLAMversusPRESIDING OFFICER AND ANR.

1996 INSC 1320Dismissed

The appellant, a technician employed by Madras Fertilizers Ltd., was dismissed on 18 November 1981 after a domestic inquiry that was later held defective by the Labour Court. The Labour Court, however, allowed the employer to prove misconduct and, on its own appraisal of the evidence, upheld the …

CHANDRASWAMI AND ANOTHERversusCENTRAL BUREAU OF INVESTIGATION

1996 INSC 1301Disposed off

The petitioners, Chandraswami and another, were accused of cheating under Sections 120B and 420 of the IPC for allegedly obtaining US$1 lakh from a complainant in 1983. They were arrested in 1988, released on bail with conditions, and later permitted to travel abroad. After a Supreme Court‑ordered …

UNION OF LNDIA AND ORS.versusSUSHIL KUMAR MODI AND ORS.

1996 INSC 1280Disposed off

The Supreme Court heard appeals against a Patna High Court order that, in an application for extension of time, directed all CBI investigation reports in the Bihar "Fodder Scam" to be submitted directly to the High Court and barred the Director of the CBI from intervening in the investigation. The …

H.M.T. LTD.versusH.M.T. HEAD OFFICE EMPLOYEES ASSOCIATION AND ORS.

1996 INSC 1252Disposed off

The case concerned five public‑sector undertakings whose workmen had gone on an illegal but justified strike demanding wage parity with BHEL, followed by a lock‑out declared by management. The National Industrial Tribunal awarded the workers 35% of their wages for the strike and lock‑out periods, …

NEW SHARROCK MILLSversusMAHESHBHAI T. RAO.

1996 INSC 1225Appeal(s) allowed

New Sharrock Mills terminated Badli workman Maheshbhai T. Rao after a departmental inquiry found him guilty of serious misconduct for abusing a senior officer. Rao challenged the discharge before the Labour Court under Section 78 of the Bombay Industrial Relations Act, 1946, seeking reinstatement …

STATE BANK OF BIKANER AND JAIPURversusSRINATH GUPTA AND ANR .

1996 INSC 1227Appeal(s) allowed

The State Bank of Bikaner & Jaipur dismissed its employee S.N. Gupta on charges of accepting bribes, based on a departmental inquiry that incorporated witness statements recorded under Section 161 of the Criminal Procedure Code. The CBI investigation later found no reliable evidence, but the …

ANUKUL CHANDRA PRADHANversusUNION OF INDIA AND ORS.

1996 INSC 1149Disposed off

The petition under Article 32 sought Supreme Court directions to ensure that investigations by the CBI and other agencies into alleged crimes by public functionaries were completed and charge‑sheets filed. The Court noted that charge‑sheets had already been filed in three cases (St. Kitts forgery, …

UNITED BANK OF INDIAversusSH. NARESH KUMAR AND ORS.

1996 INSC 1073Appeal(s) allowed

United Bank of India filed a suit to recover a loan advanced to the respondents. The trial court dismissed the suit on the ground that the plaint was not signed and verified by a competent person. On appeal, the Supreme Court examined whether a company may authorize an officer or ratify the signing …

ALL INDIA STATE BANK OFFICERS FEDERATION AND ORS.versusUNION OF INDIA AND ORS.

1996 INSC 1052Dismissed

The All India State Bank Officers Federation filed writ petitions under Article 32 challenging the State Bank of India's 7 March 1989 promotion policy for moving officers from Senior Management Grade Scale V to Top Executive Grade Scale VI. The petitioners argued that the policy was arbitrary for …

UNION OF INDIA AND OTHERSversusKESHAB LAL ROY AND OTHERS

1996 INSC 1008Appeal(s) allowed

The respondents, former employees of the privately owned ASL Railways which voluntarily liquidated in 1978, were appointed as "fresh entrants" in Indian Railways under a Ministry of Railways letter dated 17 March 1978. They sought to have their service with ASL Railways counted towards the ten‑year …

ALLAHABAD BANKversusSHRI PREM SINGH

1996 INSC 1009Appeal(s) allowed

Allahabad Bank appointed Shri Prem Singh as a temporary cashier for one day at a time through successive letters, each stating that his service would automatically terminate at the end of the day. After four days of such employment (14-17 June 1977), the bank did not offer further work. The …

RASHTRIYA MILL MAZDOOR SANGHversusTHE STATE OF MAHARASHTRA AND ORS.

1996 INSC 988Dismissed

The appellant, a workers' union, challenged the constitutional validity of Sections 9(2), 10(2), 12(1) and 26 of the Central India Spinning, Weaving and Manufacturing Company Limited, the Empress Mills, Nagpur (Acquisition and Transfer of Undertaking) Act, 1986, alleging violations of Articles 14, …

N.R. DONGRE AND ORS.versusWHIRLPOOL CORPORATION AND ANR.

1996 INSC 971Dismissed

The plaintiffs, Whirlpool Corporation and its Indian joint‑venture TVS Whirlpool Ltd., claimed prior use and trans‑border reputation of the word mark "Whirlpool" and alleged that the defendants, trustees of Chinar Trust and related entities, had obtained a registration for the same mark in 1992 on …

I.T.C. LIMITEDversusCOLLECTOR OF CENTRAL EXCISE, BOMBAY

1996 INSC 945Dismissed

The appeal filed by I.T.C. Limited challenged the Customs, Excise and Gold (Control) Appellate Tribunal's decision to uphold a notification issued by the Central Excise authorities. The appellant contended that the notification was not operable because it was not published in the Official Gazette, …

BALRAM S/O BHASA RAMversusILAM SINGH AND ORS.

1996 INSC 926Dismissed

The appellant, a decree‑holder, obtained a money decree against the respondent and sought execution by auctioning the respondent's agricultural land. Although the appellant was permitted to bid and his bid was accepted, he failed to deposit the full purchase price within the statutory 15‑day period, …

FERTILIZER CORPORATION OF INDIA LTD. AND ANR.versusSARATCHANDRA RATH AND ORS.

1996 INSC 943Appeal(s) allowed

The case concerned the revision of pay scales and fringe benefits for officers and workmen of Fertilizer Corporation of India Ltd. (FCI). Workmen who were promoted to the lowest officer scale before 1 January 1987 were already officers, whereas those promoted after that date were still workmen at …

SUNNY KRUIAKORE AND ORS.versusSTATE OF KERALA AND ORS.

1996 INSC 891Dismissed

The case concerned three parcels of a former large rubber estate that had been sold and were managed separately. The appellants challenged the applicability of the Plantations Labour Act, 1951 (as amended by the Plantations Labour (Amendment) Act, 1960) to their estates, arguing that the proviso to …

PFIZER LTD.versusMAZDOOR CONGRESS AND ORS.

1996 INSC 892Appeal(s) allowed

Pfizer Ltd., a pharmaceutical manufacturer, terminated two security staff members (respondents) after they were arrested for alleged theft, invoking its standing order for loss of confidence. The respondents filed complaints under Section 28 of the Maharashtra Recognition of Trade Union and …

PUNE CANTONMENT BOARD AND ANR.versusM.P.J. BUILDERS AND ANR.

1996 INSC 863Appeal(s) allowed

The Supreme Court examined a dispute where M.P.J. Builders had been granted a building sanction under the Cantonments Act, 1924, but failed to commence construction within the stipulated period and later sought extensions of time after the sanction had lapsed and after new building bye‑law …

CENTRAL BANK OF INDIAversusS. SATYAM AND OTHERS

1996 INSC 812Appeal(s) allowed

The Supreme Court considered a civil appeal by the Central Bank of India against a High Court order that granted re‑employment relief to a group of workmen who had been retrenched between 1974 and 1976. The workmen filed a writ petition in 1982 invoking Section 25‑H of the Industrial Disputes Act, …

KAPPUSWAMYversusTHE AUTHORISED OFFICER AND ASSISTANT COMMISIONER (LAND REFORMS)

1996 INSC 771Appeal(s) allowed

The testator's 1948 will granted his two wives equal life interests in the estate, stipulating that the survivor would enjoy the whole property and that after both wives' deaths the daughter would have a life interest followed by her children in fee simple. After the second wife died in 1967, the …

THE STATE OF BIHAR AND ORS.versusSURESH CHANDRA MUKHERJEE

1996 INSC 615Disposed off

The State of Bihar appointed retired Patna High Court Judge Suresh Chandra Mukherjee as Presiding Officer of an Industrial Tribunal, but failed to honor the re‑employment conditions stipulated in the notification. Mukherjee filed a writ petition in the Patna High Court seeking enforcement of those …

THE PROPERTY OWNERS' ASSOCIATION AND ORS.versusTHE STATE OF MAHARASHTRA AND ORS.

1996 INSC 598Matter referred to larger bench

The petition challenged the constitutional validity of Chapter VIII‑A of the Maharashtra Housing and Area Development Act, 1976, which allows acquisition of properties on payment of one hundred times the monthly rent, and argued that Article 31C of the Constitution shields the Act from attack under …

AGRICULTURAL AND PROCESSED FOOD PRODUCTS ETCversusOSWAL AGRO FURANE AND ORS.

1996 INSC 594Appeal(s) allowed

Oswal Agro Furane Ltd., a 100% export‑oriented unit licensed to manufacture furfural and edible rice bran oil, sought to export non‑basmati rice and to sell the rice bran oil in the domestic market, invoking Clause 15(j) of the Export (Control) Order, 1988 as a blanket exemption. The Delhi High …

M/S DEWAN ENTERPRISESversusCOMMISSIONER OF SALES TAX, U.P.

1996 INSC 576Appeal(s) allowed

MIS Dewan Enterprises, a manufacturer of cycle rims, was assessed by the Uttar Pradesh Sales Tax Officer at an 8% rate, treating the rims as cycle parts. The company argued that under Section 14(iv)(xiv) of the Central Sales Tax Act, cycle rims are "declared goods" and, per Section 15, should be …

STATE OF ORISSA ETC.versusKLOCKNER AND COMPANY AND ORS. ETC.

1996 INSC 531Dismissed

Klockner & Co., a German firm, had a marketing agreement with Orissa Mining Corporation (OMC) for exclusive marketing of charge chrome, containing an arbitration clause referring disputes to the ICC in London under Swiss law. After OMC's charge‑chrome division was taken over by the State of Orissa …

RAKESH SINGHA ETC. ETC.versusSTATE OF HIMACHAL PRADESH ETC. ETC.

1996 INSC 496Dismissed

The case arose from a violent incident on 10 May 1978 at a marriage venue in Simla, where a group of youths armed with hockey sticks, iron rods and other weapons attacked the gathering in retaliation for a prior altercation involving a parked jeep. The assault resulted in injuries to several persons …

T.R. THANDURversusUNION OF INDIA AND ORS.

1996 INSC 490Disposed off

The petitioner booked a flat in a building constructed on excess vacant land that had been exempted under Section 20(1)(b) of the Urban Land (Ceiling and Regulation) Act, 1976. The promoter refused to transfer the flat and the land share, citing a Karnataka High Court order based on the Supreme …

L.M. MAHURKARversusTHE BAR COUNCIL OF MAHARASHTRA AND ANR.

1996 INSC 493Dismissed

L.M. Mahurkar, a sales tax practitioner with only a matriculation qualification, was denied enrollment as an advocate by the Bar Council of Maharashtra after the Advocates Act, 1961 came into force. He claimed that his prior right to appear before the Bombay Sales Tax Authority, exercised under the …

COMMISSIONER OF WEALTH TAX, LUCKNOWversusRAJA VISHWANATH PRATAP SINGH

1996 INSC 481Appeal(s) allowed

The appellant, Commissioner of Wealth Tax, challenged the High Court's order that allowed a deduction of a Rs 30 lakh decree amount as a debt owed by the assessee, Raja Vishwanath Pratap Singh, under the Wealth Tax Act. The decree arose from his father's debts under the U.P. Encumbered Estates Act; …

EXECUTIVE OFFICER ETC. ETC.versusE. TIRUPALU AND ORS. ETC. ETC.

1996 INSC 450Appeal(s) allowed

The Tirumala Tirupati Devasthanams (TTD) recruited attenders for 297 vacancies in 1991, considering 2,944 candidates from the Employment Exchange and 193 inmates/ex‑inmates of the Shri Venkateshwara Balamandir. After written tests and interviews, 53 of the 193 inmates/ex‑inmates were selected; the …

MOHD. ASLAMversusUNION OF INDIA AND ORS.

1996 INSC 424Dismissed

Mohd. Aslam filed a writ petition under Article 32 seeking reconsideration of the Supreme Court's judgment in Manohar Joshi v. Nitin Bhaurao Patil, alleging it was incorrect. The Court held that Article 32 cannot be invoked to challenge the correctness of a decision on its merits or to obtain its …

SMT. GIAN KAUR ETC. ETC.versusTHE STATE OF PUNJAB ETC. ETC.

1996 INSC 418Disposed off

Gian Kaur and her husband were convicted under Section 306 of the IPC for abetting the suicide of Kulwant Kaur. They appealed, arguing that Section 306 (and Section 309) were unconstitutional because Article 21 of the Constitution includes a "right to die", as held in P. Rathinam. The Supreme Court, …

HAV BHAGAT SINGH, ETC.versusSTATE OF HARYANA AND ANR. ETC.

1996 INSC 387Dismissed

H.B. Singh, who served in the Indian Army from 1959 to 1976 and later joined the Haryana State Government in 1978, challenged a 1976 amendment to the Punjab National Emergency (Concession) Rules, 1965 that narrowed the definition of "Military Service" to only those who enlisted during the 1962 …

GOPALAN KRISHNAN KUTTYversusKUNJAMMA PILLAI SAROJINI AMMA & ORS.

1996 INSC 375Appeal(s) allowed

The appellant, a lessee of a shop, was granted a mortgage by the lessor in his favour on 18 July 1974 for Rs.13,000. After the mortgage period expired, the lessor filed a suit for redemption of the mortgage and recovery of possession. The trial court granted a preliminary decree for redemption and …

AJIT SINGH JANUJA AND OTHERSversusSTATE OF PUNJAB AND OTHERS

1996 INSC 342Disposed off

The petitioners, employees of the Punjab Civil Secretariat, challenged the State's reservation policy, arguing that members of Scheduled Castes (SC) and Backward Classes (BC) who had been promoted under the roster system were being given undue advantage in subsequent promotions against …

AHMEDABAD MANUFACTURING AND CALICO PRINTING CO. LTD. AND ANR.versusA.V. JOSHI

1996 INSC 343Appeal(s) allowed

Ahmedabad Manufacturing and Calico Printing Co. Ltd. set up two new industrial undertakings – a polyester fibre plant (1975‑76) and a Sulzer plant (1976‑77) – and claimed relief under Section 80K of the Income Tax Act, 1961, together with a certificate under Section 197(3) for dividend exemption in …

COMMISSIONER OF INCOME TAXversusM/S ALL INDIA TEA AND TRADING CO. LTD.

1996 INSC 346Dismissed

All India Tea and Trading Co. Ltd. received Rs. 1,24,638 as compensation when its agricultural land in Assam was requisitioned under the Assam Land (Requisition and Acquisition) Act, 1948 and allotted to refugees who continued to cultivate it. The company claimed the compensation was agricultural …

PRATAP & ANR.versusSTATE OF RAJASTHAN & ORS.

1996 INSC 319Dismissed

The appellants' land was acquired by the State of Rajasthan under Section 52 of the Rajasthan Urban Improvement Act, 1959, and vested in the State upon publication of a notification in 1984. After this vesting, the Central Land Acquisition Act, 1894 was extended to Rajasthan and the State amended …

R.M. TEWARI, ADVOCATE ETC. ETC.versusSTATE (NCT OF DELHI) ORS ETC. ETC.

1996 INSC 290Disposed off

The Delhi Government, after constituting a high‑power Review Committee as directed in Kartar Singh v. State of Punjab, sought the withdrawal of TADA charges in several cases. The Special Public Prosecutor filed applications before the Designated Court relying solely on the Committee’s …

LIFE INSURANCE CORPORATION OF INDIAversusCOMMISSIONER OF INCOME TAX

1996 INSC 277Appeal(s) allowed

The Life Insurance Corporation of India (LIC) received a large income‑tax refund for the life‑insurance business in the assessment year 1963‑64, which it claimed should be treated as a profit and deducted under Rule 2(1)(b) of the Income‑Tax Act. The tax authorities argued that only the portion of …

FERTILIZER CORPORATION OF INDIAversusUNION OF INDIA AND ORS.

1996 INSC 276Appeal(s) allowed

The respondent, D.K. Jain, a member of the Indian Audit and Accounts Service, was appointed Director (Finance) of Fertilizer Corporation of India (FCI) for a term of five years under Article 69 of the corporation's Articles of Association. He later accepted a two‑year appointment as Director …

STATE (THROUGH CBI/NEW DELHI)versusS.J. CHOUDHARY

1996 INSC 233Appeal(s) allowed

The State prosecuted S.J. Chaudhary for murder and offences under the Explosive Substances Act, seeking to introduce the testimony of a typewriter expert to identify the machine that produced a disputed document. The trial court and the Delhi High Court excluded the expert's opinion, relying on the …

STATE OF TAMIL NADUversusKOTHARI SUGARS AND CHEMICALS LTD .

1996 INSC 206Dismissed

The State of Tamil Nadu directed sugar factories to pay an amount in excess of the statutory minimum and additional cane price fixed under the Sugarcane (Control) Order, 1966, as an advance. Kothari Sugars and Chemicals Ltd. paid this excess amount and challenged the State's demand that purchase tax …

SH. DHARMVIRversusAMAR SINGH

1996 INSC 193Dismissed

The appellant, Dharmvir, was elected to the Haryana Legislative Assembly from the Toshan constituency in June 1987. Petitioners alleged that during the counting of votes, Dharmvir's agents double‑marked, defaced and mutilated ballot papers cast for the rival candidate, Bansi Lal, and intimidated the …

THE COMMISSIONER OF INCOME-TAX, TAMIL NADUversusCITY MILLS DISTRIBUTORS (P) LTD .

1996 INSC 178Disposed off

City Mills Distributors Pvt. Ltd. was incorporated on 30 October 1972. Its promoters had earned Rs. 24,862 from business carried out between 1 and 20 October 1972, before the company existed, and the Income‑Tax Officer included this amount as pre‑incorporation profit in the company's assessment for …

S. BALDEV SINGH MANNversusS. GURCHARAN SINGH, MLA AND ORS.

1996 INSC 179Dismissed

The appellant, S. Baldev Singh Mann, filed an election petition challenging the 1992 Punjab Legislative Assembly election of S. Gurcharan Singh (respondent No.1) on grounds of booth capturing and overspending. He alleged that the respondent and his agents threatened the appellant's polling agent and …

VINEET NARAIN AND ORSversusUNION OF INDIA AND ANR.

1996 INSC 147Disposed off

The petitioners alleged that the CBI and other government agencies had failed to investigate thoroughly the hawala transactions uncovered during raids, which implicated politicians, bureaucrats and criminals. They sought the Supreme Court’s intervention under Article 32 to compel the agencies to …

THE COMMISSIONER OF INCOME TAX CENTRAL-I, BOMBAYversusMESSRS EMPIRE ESTATE, BOMBAY

1996 INSC 137Dismissed

The assessee, a partnership firm of three partners, lost one partner on 12 January 1974. The partnership deed did not contain a clause allowing the firm to continue after a partner's death, so under Section 42 of the Partnership Act the firm dissolved on that date. The surviving partners formed a …

RAGHBIR SINGHversusSTATE OF HARYANA

1996 INSC 138Dismissed

Raghbir Singh was caught with opium during a police raid and was offered the choice of being searched by the police officer or before a Gazetted Officer; he chose the latter and the search yielded the contraband. He was convicted under Section 18 of the NDPS Act and sentenced to ten years' rigorous …

MANOHAR LALversusSTATE OF RAIASTHAN

1996 INSC 111Dismissed

Manoharlal appealed against his conviction under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, contending that Section 50 was not complied with because he was not given a choice to be searched in the presence of a gazetted officer or a magistrate. The petitioner argued that the statute …

HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD.versusINDERJEET SAWHNEY

1996 INSC 92Appeal(s) allowed

The Haryana State Industrial Development Corporation Ltd. (HSIDC) offered Inderjeet Sawhney a provisional allotment of one acre of industrial land in 1984, subject to fulfillment of pre‑requisites and a final allotment letter. Sawhney failed to meet those conditions, and the parties later agreed …

M/S. ALANKAR GRANITES INDUSTRIES AND ORS.versusP.G.R. SCINDIA, MLA AND ORS.

1996 INSC 91Dismissed

The Karnataka Government, after amending Rule 3A of the Karnataka Minor Mineral Concession Rules, 1969 to relax a prohibition on quarry leases for certain granites, issued an order on 18 June 1991 granting 203 quarry leases under Rule 3. The petitioners challenged these grants, arguing they violated …

HARYANA WAREHOUSING CORPORATIONversusRAM AVTAR AND ANR.

1996 INSC 88Appeal(s) allowed

Ram Avtar, a Mali‑cum‑Chowkidar employed by Haryana Warehousing Corporation, was stopped at the efficiency bar for the years 1988 and 1989 and faced adverse remarks in his 1986‑87 confidential report. He challenged the orders through writ petitions; the High Court dismissed the first petition but …

DELHI CLOTH AND GENERAL MILLS CO. LTD. AND ANR.versusSTATE OF RAJASTHAN AND ORS.

1996 INSC 72Appeal(s) allowed

Delhi Cloth & General Mills Ltd. and another established a fertiliser unit in the villages of Raipura and Ummedganj, which were treated as part of Kota municipality and were levied octroi. The State of Rajasthan later issued a Kota Municipal Limits (Continued Existence) Validating Act, 1975 that …

UNION OF INDIA AND ORS.versusLT. COL P.S. BHARGAVA

1996 INSC 44Dismissed

Lt. Colonel P.S. Bhargava, an Army Dental Corps officer, completed the minimum qualifying service for a pension and applied for voluntary resignation, which was accepted with a notice that he would lose pension and other terminal benefits. He first challenged the acceptance of his resignation in a …

M/S KHODAY DISTILLERIES LTD. ETC.versusSTATE OF KARNATAKA AND ORS.

1995 INSC 903Dismissed

The appellants, liquor manufacturers, challenged Karnataka and Andhra Pradesh excise rules that required them to sell liquor only to a state‑owned distributor (MSIL) and imposed a steep increase in label‑approval fees. They argued that the rules violated their fundamental right to carry on trade …

THE STATE OF PUNJAB AND ORS.versusSHARAN PAL SINGH AND ORS.

1995 INSC 893Appeal(s) allowed

The State of Punjab issued notices and a declaration under the Land Acquisition Act, 1894 to acquire certain lands and an award was passed on 25 March 1985 determining compensation only for the land, leaving compensation for superstructures and trees to be decided later. The respondents challenged …

DR. RAMESH YESHWANT PRABOOversusSHRI PRABHAKER KASHINATH KUNTE AND ORS.

1995 INSC 868Dismissed

The 1987 Vile Parle Assembly election of Dr. Ramesh Yeshwant Prabhoo was challenged on the ground that his agent, Bal Thackeray, made speeches appealing to voters on the basis of Hindu religion and inciting communal feelings. The High Court held the speeches to be corrupt practices under Sections …

MANOHAR JOSHIversusNITIN BHAURAO PATIL AND ANR.

1995 INSC 869Appeal(s) allowed

Manohar Joshi, the BJP‑Shiv Sena candidate, was elected from Dadar in 1990. Bhaurao Patil filed an election petition alleging corrupt practices under sections 123(3) and 123(3A) of the Representation of the People Act, relying on Joshi's speeches, those of party leaders and audio‑video cassettes. …

PROF. RAMCHANDRA G. KAPSE ETC.versusHARIBANSH RAMAKBAL SINGH ETC

1995 INSC 870Appeal(s) allowed

The Supreme Court examined an election petition that had declared the Lok Sabha election of Prof. Ramchandra G. Kapse void on the ground of alleged corrupt practices involving speeches by Sadhvi Reethambara and Pramod Mahajan. The Court held that a noticee under Section 99 of the Representation of …

RAMAKANT MAYEKAR ETC. ETC.versusSMT. CELINE D SILVA

1995 INSC 871Appeal(s) allowed

The appellant Ramakant Mayekar challenged a High Court order that declared his election to the Maharashtra Legislative Assembly void on grounds of corrupt practices under the Representation of the People Act, 1951. The Supreme Court examined whether the election petition filed on 16 April 1990 was …

MORESHWAR SAVEversusDWARKADAS YASHWANTRAO PATHRIKAR

1995 INSC 872Appeal(s) allowed

Moreshwar Save was elected from the Aurangabad parliamentary constituency, but his election was set aside by the Bombay High Court on the ground that corrupt practices under Sections 123(3) and 123(3A) of the Representation of the People Act, 1951, were committed through speeches by Manohar Joshi …

CHANDRAKANTA GOYALversusSOHAN SINGH JODH SINGH KOHLI

1995 INSC 873Appeal(s) allowed

The appellant, ChandraKanta Goyal, a BJP candidate, was declared elected to the Maharashtra Legislative Assembly from Matunga in 1990. The respondent, S.S.J.S. Kohli of Janata Dal, filed an election petition alleging that the appellant committed corrupt practices under Sections 123(3) and 123(3A) of …

SH. SURYAKANT VENKATARAO MAHADIKversusSMT. SAROJ SANDESH NAIK (BHOSALE)

1995 INSC 874Dismissed

Suryakant V. Mahadik, a Shiv Sena candidate, was elected to the Maharashtra Legislative Assembly from the Nehru Nagar constituency. Saroj Sandesh Naik filed an election petition alleging that Mahadik, during a religious gathering at Sarveshwar Mandir, appealed to voters on the basis of "Hindutva" …

JANATA DAL (SAMAJWADI)versusTHE ELECTION COMMISSIONER OF INDIA

1995 INSC 774Dismissed

Janata Dal (Samajwadi) was recognised as a national party on 16 April 1991. After the Lok Sabha and several state assembly elections held between April and June 1991, the Election Commission found that the party no longer satisfied the criteria in paragraph 6(2) of the Election Symbols (Reservation …

VINOD KRISHNA KAUL, INDIAN POLICE SERVICE (RETIRED)versusUNION OF INDIA AND ORS.

1995 INSC 776Appeal(s) allowed

The appellant, a retired IPS officer, was allotted a government residence while in service. An amendment to the Allotment of Government Residence (General Pool) Rules, 1963, effective 1 January 1976, required any officer who owned a house to surrender the government accommodation and imposed a …

UNION OF INDIA AND ORS.versusBINOD BIHARI BEHERA

1995 INSC 728Appeal(s) allowed

The respondent, a Sub‑Inspector of the Central Industrial Security Force, tendered his resignation which was accepted by the Deputy Inspector‑General (DIG) on 17 October 1984. He later sought to withdraw the resignation and asked for re‑enlistment, but both requests were rejected by the DIG. The …

S.S. DARSHAN ETC.versusSTATE OF KARNATAKA & ORS.

1995 INSC 732Dismissed

The appellants challenged two notifications issued under the Land Acquisition Act, 1894 for acquiring 11 acres 36 gunthas of land in Bangalore, alleging that the acquisition was for a private limited company and not a public purpose, and that the urgency provisions of Section 17 could not be …

P.K. GHOSH, I.AS. AND ANR.versusJ.G. RAJPUT

1995 INSC 713Appeal(s) allowed

J.G. Rajput, an employee of Ahmedabad Municipal Corporation, challenged his suspension in the Gujarat High Court, where he was initially represented by advocate B.J. Shethna. After Shethna was elevated to the bench, Rajput faced a later charge‑sheet for theft and filed a contempt petition alleging …

JINDA RAM (DEAD) BY LRS.versusRAM PRAKASH AND ANR.

1995 INSC 714Appeal(s) allowed

Jinda Ram, a co‑sharer and tenant, filed a suit under Section 15(b) of the Punjab Pre‑emption Act, 1913 seeking to pre‑empt agricultural land that had been sold. The trial court recognized his co‑sharer status and granted partial relief, but the first appellate court dismissed the suit. The Punjab & …

KALAMATA MOHAN RAOversusNARAYANA RAO DHARMANA AND ORS.

1995 INSC 711Dismissed

K.M. Rao, a Telugu Desam Party candidate, was elected to the Andhra Pradesh Legislative Assembly in 1989. An election petition alleged that he committed a corrupt practice under Section 123(3) of the Representation of the People Act by using posters that depicted party leader N.T. Rama Rao as the …

ELECTION COMMISSION OF INDIAversusMOHD. ABDUL GHANI AND ORS.

1995 INSC 660Appeal(s) allowed

Sixteen villages that were originally part of Murshidabad district and fell within the Jangipur Parliamentary Constituency under the Delimitation Order, 1976, were later administratively transferred to the district of Maida due to a change in the course of the River Ganges. The residents filed a …

M/S. RISHYASHRINGA JEWELLERY LTD. AND ANR.versusTHE STOCK EXCHANGE, BOMBAY AND ORS.

1995 INSC 652Dismissed

The appellant, Rishyashringa Jewellery Ltd., issued a prospectus stating that it had applied for listing its shares on the Coimbatore, Bombay and Madras Stock Exchanges. While Coimbatore granted permission within the ten‑week period prescribed under Section 73(1A) of the Companies Act, 1956, the …

STATE OF ASSAMversusP.C. MISHRA, L.A.S. AND ORS. ETC

1995 INSC 639Disposed off

The State of Assam filed appeals against a Central Administrative Tribunal (CAT) order that quashed two government orders of displeasure against Additional Chief Secretary P.C. Mishra and, in the same order, made adverse remarks against the then Chief Secretary H.N. Das. The controversy arose from …

UNION OF INDIA AND ORS.versusTARA CHAND SHARMA AND ORS.

1995 INSC 636Appeal(s) allowed

The respondents, originally recruited as Assistant Compilers/LDCs, were promoted to temporary computer posts created for the 1991 Census, with a fixed sanction period ending 31 December 1993. After the sanctioned period, a letter from the Registrar General dated 30 November 1993 confirmed the …

THE WEST BENGAL STATE COOPERATIVE BANK LTD. ORS.versusPARITOSH BEGCHI AND ORS.

1995 INSC 637Appeal(s) allowed

The respondent, an employee of West Bengal State Cooperative Bank, was served with a charge‑sheet, a departmental inquiry was held, and a second show‑cause notice along with the inquiry report was issued. He failed to submit an explanation and was dismissed. He challenged the dismissal in successive …

STATE OF U.P.versusRAMESH CHANDRA SHARMA AND ORS.

1995 INSC 628Case Partly allowed

Three advocates appointed as Additional District Government Counsel (Criminal) in Uttar Pradesh had their term renewed repeatedly until the State Government denied further renewal on 1 October 1992. The Allahabad High Court quashed the denial as an arbitrary action, holding that the reason …

B.N. AGARWALLAversusSTATE OF ORISSA

1995 INSC 629Dismissed

B.N. Agarwala obtained an arbitration award of Rs 95,003 on 26 March 1983, the same day the Arbitration (Orissa Amendment) Act, 1982 came into force. The State of Orissa challenged the award, arguing that Section 41‑A(7) of the amendment automatically transferred any pending arbitration in which no …

SRI ABANI KANT RAYversusSTATE OF ORISSA AND ORS.

1995 INSC 623Appeal(s) allowed

The Chairman of the Orissa Administrative Tribunal, A.K. Ray, appealed to the Supreme Court to have critical remarks made by a Division Bench of the Tribunal expunged. The Tribunal had quashed the transfer of D.N. Mishra, an Additional Secretary who also served as Additional Registrar of the Cuttack …

LARSEN AND TOUBRO LTD.versusMAHARASHTRA STATE ELECTRICITY BOARD AND ORS.

1995 INSC 572Appeal(s) allowed

Larsen & Toubro Ltd. (appellant) entered into a contract with Maharashtra State Electricity Board (respondent) for a coal handling plant, furnishing five bank guarantees for advance, performance, retention money and liquidated damages. After the plant was taken over, the respondent invoked all …

DHAYANAND ETC. ETC.versusUNION OF INDIA AND ORS.

[1995] SUPP. 3 S.C.R. 533Appeal(s) allowed

The petitioners, former servicemen re‑employed in the Union Territory of Chandigarh after 1 Nov 1966, claimed that the Punjab Government National Emergency (Concession) Rules, 1965 should apply to them for increments, seniority, promotion and pension. The Union Territory argued that the 1965 Rules …

UNION OF INDIA AND ORS.versusBHAGWAN SINGH

1995 INSC 516Appeal(s) allowed

The father of the respondent, a senior clerk in the Railways, died on 12 September 1972 leaving a wife, two adult sons and the respondent who was then a minor. The respondent applied for a compassionate appointment after attaining majority, but his applications in 1987, 1990 and 1991 were rejected …

M.R. GUPTAversusUNION OF INDIA AND ORS.

1995 INSC 482Appeal(s) allowed

The appellant, M.R. Gupta, a railway employee, claimed that his initial pay fixation in 1978 was incorrect because an increment due on 1 August 1978 under Rule 2018 (Fundamental Rule 22‑C) had not been incorporated. After his representation was rejected before the Administrative Tribunals Act, 1985, …

M/S KUMAR DISTRIBUTORS (P) LTD./BELTEK INDIAversusSTATE OF BIHAR AND ORS.

1995 INSC 470Dismissed

The appellants, dealers and manufacturers of electronic goods in Bihar, relied on two notifications issued under Section 7(3) of the Bihar Finance Act, 1981 which exempted sales tax and purchase tax on electronic raw materials and finished electronic goods. For the assessment year 1989‑90 they …

COMMISSIONER OF INCOME-TAXversusPATEL BROTHERS AND CO. LTD. ETC. ETC.

1995 INSC 347Dismissed

Patel Brothers & Co. Ltd. claimed kitchen expenses for providing ordinary meals to its employees and out‑station customers for the assessment years 1969‑70, 1970‑71 and 1971‑72. The Income‑Tax Officer disallowed the portion relating to customers, classifying it as "entertainment expenditure" under …

NATIONAL THERMAL POWER CORPORATION LTDversusM/S. FLOWMORE PRIVATE LTD. AND ANR.

1995 INSC 342Appeal(s) allowed

The appellant, National Thermal Power Corporation Ltd., entered into a contract with Flowmore Private Ltd. for the supply of pumps and related equipment, under which Flowmore furnished five bank guarantees payable on demand. Disputes arose and the parties referred the matter to arbitration; during …

UNION OF INDIAversusTHAMISHARASI AND ORS.

1995 INSC 318Dismissed

The Narcotics Control Bureau seized a consignment of hashish and arrested three persons under the NDPS Act. The complaint was not filed within the 90‑day period prescribed in the proviso to Section 167(2) of the CrPC, and the accused claimed an automatic right to bail. The High Court allowed the …

RAJANNAversusUNION OF INDIA

1995 INSC 280Appeal(s) allowed

Rajanna, a security assistant in the Special Protection Group (SPG), suffered permanent partial disablement in a motor accident while traveling in an official SPG vehicle from staff quarters to the South Block. He claimed an ex‑gratia payment of Rs 50,000 under a 1986 Cabinet Secretariat circular …

UNION OF INDIA AND ORS.versusDR. DEVENDRA VIR SAHI

1995 INSC 271Appeal(s) allowed

Dr. Devendra Vir Sahi was appointed as an Assistant Medical Officer on an ad‑hoc basis on 20 July 1985, after the cut‑off date of 1 October 1984 prescribed in Dr. A.K. Jain’s judgment. The Union of India, following a policy that required UPSC screening for ad‑hoc officers appointed between 1 October …

INDIAN OIL CORPORATION LTD.versusMUNICIPAL CORPORATION AND ANR.

1995 INSC 256Dismissed

The petition filed by Indian Oil Corporation Ltd. challenged a Full Bench judgment of the Madhya Pradesh High Court that had overruled a Division Bench decision on the construction of Section 138(b) of the Madhya Pradesh Municipal Corporation Act, 1956, which contains a non‑obstante clause. The …

NAGAR PALIKA, JINDversusJAGAT.SINGH, ADVOCATE

1995 INSC 223Appeal(s) allowed

The Municipal Committee of Jind appealed against a suit filed by Jagat Singh for a permanent injunction restraining the Committee from interfering with his claimed ownership and possession of five kanals of land. Jagat Singh relied solely on revenue records and a mutation entry, without producing a …

UNION CARBIDE INDIA LTD.versusSTATE OF ANDHRA PRADESH

1995 INSC 186Dismissed

The Supreme Court considered two sets of appeals. In Union Carbide India Ltd. v. State of Andhra Pradesh it examined whether dry‑cell batteries and arc‑carbons were taxable under the higher‑rate entries 3 or 4 of the Andhra Pradesh General Sales Tax Act, 1957 or under the lower‑rate residuary entry …

UNION OF INDIA AND ORS.versusMAHINDRA AND MAHINDRA LTD., BOMBAY

1995 INSC 174Dismissed

Mahindra & Mahindra Ltd. entered into a ten‑year technical know‑how agreement with Peugeot, a French firm, paying a lump‑sum of 15 million French Francs. The company later imported CKD engine packs and service parts. The Customs Assistant Collector held that the invoice price of the CKD packs was …

INDORE DEVELOPMENT AUTHORITYversusSMT. SADHANA AGARWAL AND ORS.

1995 INSC 169Appeal(s) allowed

The Indore Development Authority (IDA) advertised LIG and MIG flats on a hire‑purchase basis, stating only an estimated price that would be finalized at allotment. Over several years the Authority raised the price from the original estimates of Rs 45,000 (LIG) and Rs 70,000 (MIG) to Rs 60,000 and Rs …

CANARA BANKversusNUCLEAR POWER CORPORATION OF INDIA LTD. AND ORS.

1995 INSC 160Appeal(s) allowed

Canara Bank appealed a decision of the Company Law Board (CLB) that had refused to register bonds purchased from Nuclear Power Corporation of India Ltd. The CLB had been hearing the bank's application under Section 111 of the Companies Act when the Special Court (Trial of Offences Relating to …

S.A. JAIN COLLEGE TRUST AND MANAGING SOCIETYversusTHE STATE OF HARYANA AND ANR.

1995 INSC 137Case Partly allowed

The S.A. Jain College Trust and Managing Society acquired land belonging to a private owner for a college playground under the Land Acquisition Act, 1894. The original award in 1970 paid Rs 12,000 per acre with 15% solatium and 6% interest. Subsequent proceedings enhanced compensation to Rs 8 per …

INTEGRATED RURAL DEVELOPMENT AGENCYversusRAM PYARE PANDEY

1995 INSC 138Appeal(s) allowed

Ram Pyare Pandey was appointed as a temporary Junior Clerk in the Integrated Rural Development Agency, a society registered under the Societies Registration Act, and was terminated within a month. He sued for a declaration that the termination violated Rule 13(b) of the agency's own rules, which …

STATE OF HARYANA AND ORS.versusK.N. DUTT

1995 INSC 139Appeal(s) allowed

K.N. Dutt, a retired chief engineer of Haryana, had taken advances against his gratuity and signed an undertaking that any unpaid amount could be recovered from his gratuity. After disciplinary proceedings, the State withheld his retirement benefits, prompting Dutt to file a writ petition which the …

H.M.T. HOUSE BUILIDNG CO-OP. SOCIETYversusSYED KHADER AND ORS.

1995 INSC 121Dismissed

The H.M.T. House Building Co‑operative Society, a housing society for HMT employees, submitted a scheme to the Karnataka Government and entered into an agreement with a construction firm (respondent No.11) to secure acquisition of land for its members. The State issued notifications under Sections …

AMRIT BANASPATI CO. LTD.versusUNION OF INDIA AND ORS.

1995 INSC 110Dismissed

Amrit Banaspati Co. Ltd., a vanaspati manufacturer in Uttar Pradesh, transports its products into Delhi where the Delhi Municipal Corporation Act, 1957 imposes a terminal tax under Section 178 on all goods brought from outside the Union Territory. The company challenged the tax as a direct and …

MADAN LAL AND ORS.versusSTATE OF JAMMU AND KASHMIR AND ORS.

1995 INSC 100Dismissed

The Jammu & Kashmir Public Service Commission advertised for Munsiff posts, conducted a written exam and a viva voce interview. Unsuccessful candidates (petitioners) challenged the interview, alleging manipulation, lack of faculty‑wise marking, absence of tape‑recording, bias favouring certain …

M/S NEW INDIA ASSURANCE CO. LTD.versusUNION OF INDIA AND ORS.

1995 INSC 67Appeal(s) allowed

The Bihar State Electricity Board ordered a transformer from NGEF Ltd., which was shipped by rail and covered by an open insurance policy with New India Assurance. The consignment was damaged during transhipment, and the insurer, after reimbursing the consignor, sued the railway administration for …

STATE OF TAMIL NADUversusM.P.P. KA VERY CHETTY

1995 INSC 60Disposed off

The State of Tamil Nadu appealed against a Madras High Court order that struck down Rules 8D, 19B and part of Rule 19A of the Tamil Nadu Minor Mineral Concession Rules, 1959. The State argued that giving preference to State Government companies or corporations in granting quarrying leases for …

GEM GRANITES AND ANR.versusSTATE OF TAMIL NADU AND ORS.

1995 INSC 62Disposed off

Petitioners challenged the Tamil Nadu Minor Mineral Concession Rules 8‑C (as amended on 10 June 1992) and Rule 38, alleging that they illegally reserve quarrying of certain granites for the State Government and its companies without the Central Government’s approval required under Section 17‑A(2) of …

JAMAAT-E-ISLAMI HINDversusUNION OF INDIA

1994 INSC 579Directions issued

The Central Government declared Jamaat‑e‑Islami Hind an unlawful association under the Unlawful Activities (Prevention) Act, 1967, based on alleged statements questioning India's sovereignty. The declaration was referred to a Tribunal, which, relying on a résumé of intelligence reports and …

CH. RAMALINGA REDDYversusSUPERINTENDING ENGINEER AND ANR.

1994 INSC 573Appeal(s) allowed

The contractor (appellant) entered into an excavation contract with the State Government and, after disputes, the matter was referred to an arbitrator who rendered an award on 29 July 1985. The award was filed in the court on 5 August 1985, the court gave notice of filing on 7 August 1985, and the …

STATE OF TAMIL NADU AND ORS.versusANANTHI AMMAL AND ORS.

1994 INSC 532Appeal(s) allowed

The State of Tamil Nadu enacted the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 to acquire land for Harijan welfare projects. The Act was challenged as unconstitutional, alleging violations of Articles 14, 19 and 300A of the Constitution and lack of protection under Articles …

R.C.SOODversusHIGH COURT OF RAJASTHAN

1994 INSC 528Case Allowed

R.C. Sood, then Registrar of the Rajasthan High Court, was suspended by the High Court under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, on the allegation that he altered a draft recruitment advertisement, changing the age eligibility date from 1 January …

M/S. DARSHAN OILS PVT. LTD. AND ANR. ECT. ETC.versusUNION OF INDIA AND ORS.

1994 INSC 501Dismissed

The appellants, Darshan Oils Pvt. Ltd., entered into a contract and opened an irrevocable letter of credit on 3 October 1983 to import fatty acids, which were not canalised under the Import and Export (Control) Act, 1947 policy for 1983-84. On 11 November 1983 the Government issued a public notice …

MUNICIPAL CORPORATION OF DELHIversusGANESH RAZAK AND ANR.

1994 INSC 473

The Municipal Corporation of Delhi (appellant) challenged awards granted by the Labour Court to daily‑rated/casual workers (respondents) who claimed equal pay with regular employees under the principle of equal pay for equal work. The workers sought computation of arrears of wages at the regular …

N.K. SINGHversusUNION OF INDIA AND ORS.

1994 INSC 337Dismissed

N.K. Singh, an IPS officer, was transferred from the post of Joint Director, CBI to an equivalent post of IG in the BSF while handling a sensitive investigation. He challenged the transfer before the Central Administrative Tribunal alleging malafides by the Prime Minister, prejudice to public …

RAGHBIR SINGHversusSURJIT SINGH AND ORS. ETC. ETC.

1994 INSC 336Dismissed

Raghbir Singh, convicted under IPC sections 326 and 149 and sentenced to three years' rigorous imprisonment, was released in November 1988 and subsequently contested the Punjab Vidhan Sabha election in February 1992. The respondent filed an election petition alleging that Singh was disqualified …

M/S. KHADI AND VILLAGED SOAP INDUSTRIESversusSTATE OF HARYANA & OTHERS

1994 INSC 323Dismissed

The petitioners, M/s Khadi and Village Soap Industries, challenged a 1987 notification under Section 13(1) of the Haryana General Sales Tax Act, 1973 that granted a full sales‑tax exemption to the Khadi Ashram, Panipat and its centralized units, while limiting the exemption for other cooperative …

STATE OF KERALA AND ANR.versusA.C.K. RAJAH AND ANR.

1994 INSC 324

The respondents, members of the Nilambur Kovilakam, filed a petition under section 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1973 claiming that 60 acres of land did not vest in the Government. The Forest Tribunal dismissed the petition, but the Kerala High Court reversed the …

CHANDER BHAN GILLversusUNION OF INDIA

1994 INSC 250Appeal(s) allowed

Chander Bhan Gill, appointed as Assistant (Legal) in 1985, completed one year of service on 26 January 1986 and became eligible for an annual increment. The Central Civil Services (Revised Pay) Rules, 1986 came into force on 1 January 1986, and the Government issued a clarification on 4 May 1987 …

UCO BANKversusTHE OFFICIAL LIQUIDATOR HIGH COURT, BOMBAY AND ANR.

1994 INSC 229

UCO Bank, a secured creditor of Glass Carboys & Pressedwares Ltd., obtained a decree in 1976 to recover its debt before the Companies (Amendment) Act, 1985 came into force. The amendment inserted a proviso to Section 529(1) of the Companies Act, 1956, deeming the security of every secured creditor …

V.S. ACHUTHANANDANversusR. BALAKRISHNA PILLAI AND ORS.

1994 INSC 212Appeal(s) allowed

The case arose from a trial before a Special Judge concerning alleged conspiracy and corruption in the Idamalayar Dam project. The Special Public Prosecutor sought, under Section 321 of the CrPC, permission to withdraw prosecution against one accused, G. Gopalakrishna Pillai, on the ground that …

GRAHAK SANSTHA MANCH AND ETC.versusSTATE OF MAHARASHTRA

1994 INSC 175

The petitioners, a coalition of cooperative societies running fair‑price ration shops and occupants of residential premises, challenged a State Government notice to vacate premises that had been requisitioned under the Bombay Land Requisition Act, 1948 more than four decades earlier. They argued …

S.R. BOMMAIversusUNION OF INDIA AND ORS.

1994 INSC 111

This landmark judgment concerns the scope of Article 356 of the Constitution of India, which empowers the President to impose President's Rule in states upon failure of constitutional machinery. The case consolidated challenges to proclamations dissolving legislative assemblies in Karnataka, …

ASSISTANT EXCISE COMMISSIONER AND ORS.versusISSAC PETER AND ORS. ETC. ETC.

1994 INSC 85

The Supreme Court examined disputes arising from the Kerala Abkari Shops (Disposal in Auction) Rules, 1974, where licensees of arrack shops claimed the State was contractually obliged to supply additional quantities of liquor beyond the statutorily mandated monthly quota. The Court held that the …

STATE OF MAHARASHTRAversusABDUL HAMID HAJI MOHAMMED

1994 INSC 82

In 1993 a series of bomb blasts in Bombay led to the arrest of Abdul Hamid Haji Mohammed, during which six Chinese AK‑56 rifles and twelve magazines were recovered. The Designated Court under the Terrorist and Disruptive Activities (Prevention) Act (TADA) refused his bail, holding that the …

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

1994 INSC 53

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

K. ASHOK REDDY ETC.versusTHE GOVERNMENT OF INDIA AND ORS.

1994 INSC 50Dismissed

K. Ashok Reddy filed a writ petition seeking a declaration that High Court judges could not be transferred under Article 222 of the Constitution, alleging that transfers were arbitrary, biased and eroded judicial independence, and that the Supreme Court's Judges' Case‑II had wrongly excluded …

M.V. KRISHNA RAO AND ORS. ETC. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.

1994 INSC 30Dismissed

The case concerned direct recruits to the Indian Police Service (IPS) who appealed against a Central Administrative Tribunal order that allowed promotee officers from the State Police Service to count their continuous officiating service from the date they were included in the IPS select list for …

SVENSKA HANDELSBM'KEN AND OTHERS ETC.versusINDIAN CHARGE CHROME LTD. AND OTHERS

1994 INSC 22

The plaintiff (borrower) sued the suppliers, lenders and guarantor over a power‑plant project, invoking credit agreements that contained arbitration clauses. The lenders, particularly Svenska Handelsbanken (defendant No. 4), instructed their counsel not to appear or take any step in the main suit, …

COMMISSIONER OF INCOME TAX, MADRASversusEXPRESS NEWSPAPER LTD.

1994 INSC 5

Express Newspaper Ltd. claimed large losses in its returns for AY 1985-86, which the Assessing Officer rejected as fabricated and assessed a huge income. While the appeal against this assessment was pending, the company filed an application under Section 245‑C of the Income‑Tax Act seeking …

S.K. SAHA AND ANR. ETC.versusPREM PRAKASH AGARWAL AND ORS. ETC.

1993 INSC 377

The appellant was initially appointed on a one‑year contract as Foreman in a state‑run Cycle Parts Factory in 1957, with his contract repeatedly extended. In 1960 he was appointed as Foreman Class‑II with retrospective seniority dated 4‑Jan‑1957, although the post became gazetted only in 1959 and …