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Supreme Court of India

SABYASACHI MUKHERJI

305 judgments delivered by benches including this judge — showing 201–305.

COLLECTOR OF CENTRAL EXCISE, BARODAversusAMBALAL SARABHAI ENTERPRISES

1989 INSC 23610 August 1989Dismissed

The respondent, Ambalal Sarabhai Enterprises, manufactured sorbitol and also produced starch hydrolysate, which it used internally. The Collector of Central Excise claimed that the hydrolysate was glucose, fell under Item 1‑E of the Central Excise Tariff and was liable to excise duty. The respondent argued that the hyd

COLLECTOR OF CUSTOMS, BOMBAYversusSWASTIC WOOLLEN (P) LTD. & ORS.

1988 INSC 21810 August 1988Dismissed

The importer claimed that wool material it brought in was "wool waste" and therefore exempt from customs duty under Notification 240/76‑cus. An expert committee held the goods were not wool waste, leading the Additional Collector of Customs to levy duty and confiscate the consignment. The importer appealed to the Custo

COMMISSIONER OF INCOME-TAX, MADRASversusK.R. SADAYAPPAN

1990 INSC 19510 July 1990Appeal(s) allowed

K.R. Sadayappan, a film distributor, purchased a plot of land in his son's name for a total consideration of Rs.1,40,000, but his wealth statement omitted this investment and his return showed only Rs.80,000. The Income Tax Officer treated the unaccounted Rs.18,750 as undisclosed income and imposed a penalty under sect

STATE OF MADHYA PRADESH AND ORS.versusRAMESHWAR RATHOD

1990 INSC 19610 July 1990Dismissed

The respondent's truck was seized by police on 10 December 1974 for an alleged violation of the Essential Commodities Act, 1955 that purportedly occurred on 15 March 1972. The respondent sought the vehicle's return through petitions before the Madhya Pradesh High Court, which held that Section 6A of the Act, as amended

COMMISSIONER OF SALES TAX, U.P.versusAURIAYA CHAMBER OF COMMERCE, ALLAHABAD

1986 INSC 6910 April 1986Dismissed

The assessee paid Uttar Pradesh sales tax on forward contracts that were later held ultra vires by the Supreme Court in Sales Tax Officer, Pilibhit v. Budh Prakash Jai Prakash. After the decision, the assessee sought refund of the tax, but the Sales Tax Officer rejected the claim on the ground of limitation under Artic

PAL SINGHversusSUNDER SINGH (DEAD) BY LRS. & ORS.

1989 INSC 510 January 1989Dismissed

Pal Singh occupied three rooms and a courtyard in an evacuee property that was later jointly purchased by Sunder Singh and the late Smt. Sham Kaur. In 1975 Sunder Singh filed an eviction suit under section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide requirement, but the other co‑owner (the heirs

SMT. JAHEJO DEVI & ORS.versusMOHARAM ALI

1987 INSC 3689 December 1987Appeal(s) allowed

The appellants, landlords residing in Meghalaya, filed a suit to evict the respondent tenant from a shop in Arrah, Bihar, on grounds of rent default and bona fide need under s.12(1) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977. The trial court and the first appellate court held that the tenant wa

MARWAR TENT FACTORYversusUNION OF INDIA AND ORS.

1989 INSC 3419 November 1989Appeal(s) allowed

The Marwar Tent Factory supplied 1,500 tents to the Defence Services under a contract that stipulated delivery F.O.R. Jodhpur. After dispatching the consignment by rail, the Commandant of the C.O.D. at Kanpur claimed that 224 tents were missing and deducted their price from the amount due. The factory sued for the pric

JADAVJI PURSHOTIAMversusDHAMI NAVNITBHAI AMARATLAL & ORS.

1987 INSC 2449 September 1987Dismissed

The mortgagors mortgaged a house with possession to a business firm in 1947, authorising the mortgagee to rent out the premises but obliging him to return possession on redemption. After the original tenant vacated, the mortgagee inducted Jadavji Purshotiam as a tenant in 1956. The mortgage was redeemed in 1972, and th

RICHPAL SINGH AND OTHERS ETC.versusDALIP

1987 INSC 2459 September 1987Dismissed

The appellants, landlords, obtained an ejectment decree against the respondent under Section 77(3) of the Punjab Tenancy Act, 1887 for non‑payment of rent, and the decree was executed without any appeal. The respondent then filed a civil suit claiming he was a mortgagee in possession, not a tenant, and contended that t

MADHU MEHTAversusUNION OF INDIA

1989 INSC 2359 August 1989Disposed off

The petition under Article 32 sought relief for Gyasi Ram, a death‑row inmate whose mercy petitions had remained pending for about eight years due to administrative delays, including the pending petition of his accomplice Daya Ram. The Supreme Court examined whether such inordinate delay in executing a death sentence v

CARONA SHOE CO. LTD. AND ANR.versusK.C. BHASKARAN NAIR

1989 INSC 859 March 1989Dismissed

The appellants, Carona Shoe Co. Ltd. and another, were tenants of a shop that had been let out by a mortgagee who held the property under a mortgage from the owner. After the owner redeemed the mortgage, the mortgagee and a subsequent mortgagee sued to recover possession of the shop, and the trial court ordered evictio

OM PRAKASHversusAMAR SINGH & ANR.

1987 INSC 79 January 1987Appeal(s) allowed

Om Prakash was a tenant of a premises in Meerut Cantonment, leased for a dal and oil mill. After the landlords purchased the building, they sued for eviction under Section 14(c) of the U.P. Cantonment Rent Control Act, 1952, alleging that the tenant had made a partition wall and a tin shed that materially altered the a

RAGHUNATH THAKURversusSTATE OF BIHAR & ORS.

1988 INSC 3458 November 1988Disposed off

Raghu Nath Thakur, the highest bidder for a Benl Country liquor shop in Samastipur, failed to deposit the bid money. The Collector cancelled his bid and, without giving any notice, placed him on a blacklist for future contracts. Thakur challenged the order in the High Court, which upheld it, and then obtained special l

DELHI CLOTH & GENERAL MILLS LTD.versusUNION OF INDIA

1987 INSC 2738 October 1987Dismissed

Delhi Cloth & General Mills Ltd. set up a fertilizer plant at Kota and sought a concessional railway freight rate for transporting naptha from the Koyali refinery. The Railway Board, in a 1966 letter, offered a special rate of 85‑B but qualified it as subject to review when traffic began. When the company later request

KRISHNAN NAIR & ANR. ETC.versusGHOUSE BASHA

1987 INSC 2418 September 1987Dismissed

The landlord, who ran a leather business, sought eviction of his tenant under section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960, claiming a bona‑fide need for the premises for the business of his two sons. The sons had entered into a partnership with unrelated persons, holding half the

STATE OF WEST BENGALversusSREE SREE MA ENGINEERING & ANR.

1987 INSC 2428 September 1987Disposed off

The State of West Bengal appealed a High Court order that set aside an arbitral award concerning a silt‑clearance contract and appointed a new arbitrator. The original award, dated November 1966, was unsigned but had been acted upon by the parties and the sum awarded was paid. The respondent sought to set aside the awa

VASANT KUMAR JAISWALversusSTATE OF MADHYA PRADESH

1987 INSC 2438 September 1987Disposed off

The appellant, Vasant Kumar Jaiswal, challenged a decision of the Madhya Pradesh High Court which had held that, in the absence of any statutory rule or executive order, seniority in a grade must be determined by length of service. Jaiswal contended that Rules 12(b) and 12(c) of the Madhya Pradesh Civil Services (Gener

ARYA SAMAJ, SAGAR & ORS.versusPINJAMAL & ANR.

1986 INSC 1668 August 1986Appeal(s) allowed

The Arya Samaj, which runs a girls' school, filed an eviction suit against the tenant occupying its building, claiming the premises were needed for additional school accommodation. The trial court and the appellate court ordered eviction under section 12(f) of the Madhya Pradesh Accommodation Control Act, 1961, accepti

COMMISSIONER OF INCOME TAX, BOMBAYversusH. HOLCK LARSEN

1986 INSC 1138 May 1986Dismissed

The assessee, a former partner of Larsen & Toubro and later Chairman of the company, was allotted a large number of right shares under Section 81 of the Companies Act, 1956. Over several years he bought and sold both right and ordinary shares, making a profit of Rs.1,65,581. The Income Tax Officer and the Appellate Ass

DEPUTY COMMISSIONER OF SALES TAX (LAW)versusN. KANNAN NAIR & ORS.

1988 INSC 1018 April 1988Dismissed

The petitioners, a group of PWD contractors, purchased sand, bricks and other materials for repairing public roads under contracts with the Public Works Department. The Revenue assessed purchase tax on the turnover of these materials under Section 5A(1)(a) of the Kerala General Sales Tax Act, 1963, arguing that the goo

RAM SARUP GUPTA (DEAD) BY LRS.versusBISHUN NARAIN INTER COLLEGE & ORS.

1987 INSC 988 April 1987Dismissed

Ram Sarup Gupta purchased a property that had been occupied by Bishun Narain Inter College and its associated school under a license granted by the former owner, Raja Ram Kumar Bhargava. The school had constructed permanent buildings on the land and incurred expenses, claiming the license was irrevocable under Section

SRI DOKI CHINA GURUVULU SON & CO. AND ANR.versusGOVT. OF ANDHRA PRADESH AND ANR.

1989 INSC 3777 December 1989Dismissed

The appellants, dealers in tamarind in Andhra Pradesh, purchased tamarind from Orissa, paying tax there, and brought it into the state for sale. An amendment to the Andhra Pradesh General Sales Tax Act, 1957 (Act 19 of 1986) moved tamarind bought outside the state to the First Schedule, taxing it at the point of first

COLLECTOR OF CENTRAL EXCISE, CHANDIGARHversusDECENT DYEING CO.

1989 INSC 3787 December 1989Dismissed

The Collector of Central Excise appealed against a Tribunal order that held Decent Dyeing Co. not liable for the differential excise duty on base acrylic yarn used for texturising. The dyeing company paid duty at Rs 10 per kg under Notification No. 125/75‑CE, assuming the base yarn’s duty had already been discharged by

MUNICIPAL COUNCIL, JODHPURversusPAREKH AUTOMOBILES LTD. AND ORS.

1989 INSC 3347 November 1989Dismissed

Parekh Automobiles Ltd. (respondent No.1) obtained petroleum products from Indian Oil Corporation (respondent No.2) at a depot inside Jodhpur municipal limits, which were then re‑exported to the dealer's outlet at Dangiawas outside the limits. The Jodhpur Municipal Council claimed octroi was payable because the goods e

KOCH NAVIGATION INC.versusHINDUSTAN PETROLEUM CORPN. LTD.

1989 INSC 2717 September 1989Appeal(s) allowed

Koch Navigation chartered its vessel to Hindustan Petroleum for oil transport. A dispute was referred to a single arbitrator in London, who awarded a principal sum, interest, and ordered the costs of the arbitration reference to be paid by the respondent, to be determined by agreement or, failing that, by taxation. The

ASHOKA MARKETING LTD. AND ANR. ETC. ETC.versusPUNJAB NATIONAL BANK AND ORS. ETC. ETC.

1990 INSC 2237 August 1990Dismissed

The Supreme Court considered appeals by Ashoka Marketing Ltd. and other tenants whose leases in premises owned by nationalised banks and the Life Insurance Corporation had expired and who were facing eviction under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 as well as proceedings under the Delhi

RAGHUNATH & ORS.versusSTATE OF MAHARASHTRA & ORS.

1988 INSC 977 April 1988Dismissed

The petitioners' lands were targeted for acquisition under the Land Acquisition Act, 1894 through a Section 4 notification followed by a Section 6 declaration. They challenged the notification and declaration, alleging they were not heard and that the notification was issued mala fides. The government withdrew the firs

CONTINENTAL CONSTRUCTION CO. LTD.versusSTATE OF MADHYA PRADESH

1988 INSC 637 March 1988Dismissed

Continental Construction entered into a contract with the State of Madhya Pradesh for construction work and later claimed extra costs due to a rise in material and labour prices, alleging the State's delay in work allotment. The Superintending Engineer refused payment and declined to refer the dispute to arbitration, p

RAKESH KUMAR & SHRI SHAKTI KUMARversusHINDUSTAN EVEREST TOOL LTD.

1988 INSC 647 March 1988Appeal(s) allowed

The landlords, Rakesh Kumar and Shri Shakti Kumar, leased two shops to Hindustan Everest Tool Ltd. under a lease requiring rent in advance. The tenant fell into arrears for February, March and April 1982, prompting the landlords to serve a reminder notice on 8 March 1982 and a termination notice on 19 April 1982 demand

SMT. SARLA NARULAversusSMT. RAGHBIR KAUR REHAL & ANR.

1987 INSC 2706 October 1987Dismissed

The landlady, residing abroad, sought to evict the tenant of a premises leased to M/s Bharat Carbons & Ribbons Manufacturing Co. under the Delhi Rent Control Act, 1958, claiming bona‑fide necessity. The tenant company had abandoned the premises, and the appellant – the widow of a former employee of the company – applie

GOPAL SINGH & ANR.versusDILE RAM (DEAD) BY LRS. & ORS.

1987 INSC 2726 October 1987Appeal(s) allowed

The widow Mst. Shem inherited her husband's property in 1942 with only a life interest. In 1943 she executed a deed of gift in favour of Shri Dhari, the father of the appellants, but a suit filed by the respondents led to a compromise decree declaring the gift ineffective and providing that the land would be divided af

SHAFIQ AHMADversusDISTRICT MAGISTRATE, MEERUT & ORS.

1989 INSC 2706 September 1989Case Allowed

The petitioner challenged his preventive detention under Section 3(2) of the National Security Act, 1980, arguing that the order dated 15 April 1988 was executed after an unreasonable delay (arrest on 2 October 1988) and that the grounds cited were not genuinely related to public order and were vague. The Supreme Court

NORTHERN CORPORATIONversusUNION OF INDIA AND ORS.

1990 INSC 2216 August 1990Disposed off

Northern Corporation imported MSCR defective sheets in 1984 and stored them in a customs warehouse. The Income Tax Department imposed a ban under Section 132(1) of the Income Tax Act, 1961, preventing the goods from being cleared. After the ban was lifted in 1988, customs demanded payment of duty at the higher rate pre

LAMINATED PACKINGS (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE, GUNTUR

1990 INSC 2226 August 1990Dismissed

Laminated Packings (P) Ltd. lamination of duty‑paid kraft paper with polyethylene produced polyethylene‑laminated kraft paper. The issue was whether this process amounted to "manufacture" under Section 2(f) of the Central Excises and Salt Act, 1944 and thus attracted excise duty. The Collector (Appeals) held it was not

PIARA LALversusKEWAL KRISHAN CHOPRA

1988 INSC 1526 May 1988Appeal(s) allowed

The appellant, a tenant, occupied four ground‑floor rooms under the East Punjab Urban Rent Restriction Act, 1949. The roof of one room collapsed and the tenant repaired it after obtaining permission under Section 12 of the Act. The landlord sought eviction, first on bona‑fide occupation grounds and later added a claim

HELPER GIRDHARBHAIversusSAIYED MOHMAD MIRASAHEB KADRI AND OTHERS

1987 INSC 1546 May 1987Appeal(s) allowed

The appellant, Helper Girdhb... (a tenant), was sued for unlawful subletting of premises leased for cloth manufacturing. He claimed the premises were used by a genuine partnership (Bharat Neon Signs) of which he was a partner, and therefore no subletting occurred. The trial court found subletting and decreed possession

INDIAN OIL CORPORATIONversusINDIAN CARBON LTD.

1988 INSC 946 April 1988

Indian Oil Corporation (petitioner) sold raw petroleum coke to Indian Carbon Ltd (respondent) under three agreements that provided for shifting of coke and interest on unpaid stock. After payment default, Indian Oil obtained attachment of coke, terminated the agreements and the dispute over interest and shifting charge

MAHABIR AUTO STORES & ORS.versusINDIAN OIL CORPORATION & ORS.

1990 INSC 776 March 1990Appeal(s) allowed

Mahabir Auto Stores, a partnership firm that had been distributing Indian Oil Corporation's (IOC) lubricants since 1965, filed a writ petition under Article 226 seeking a mandamus directing IOC to continue supply after the corporation abruptly stopped deliveries on 27 May 1983. The High Court dismissed the petition, ho

TIRATH RAM GUPTAversusGURBACHAN SINGH & ANR.

1987 INSC 366 February 1987Dismissed

The landlord leased a shop‑cum‑flat to a tenant in 1963 and two adjoining flats in 1967. The tenant sub‑let those two flats to a sub‑tenant before the East Punjab Urban Rent Restriction Act, 1949 came into force in Chandigarh on 4‑Nov‑1972. After a compromise, the Rent Controller ordered eviction of the sub‑tenant for

HARBHAJAN SINGH DHALLAversusUNION OF INDIA

1986 INSC 2255 November 1986Case Allowed

The petitioner, an Indian contractor, performed maintenance work for the Algerian Embassy in 1976 and claimed unpaid dues of about Rs.27,000. He sought permission under Section 86(4)(aa) of the Code of Civil Procedure to sue the Embassy, but the Central Government refused on vague "political grounds." The Supreme Court

DR. (SMT.) KESHAV DEVIversusSHRI GIRDHARI LAL PAHWA & ORS.

1986 INSC 2265 November 1986Dismissed

Mauji Ram Gupta owned a two‑storey house; the ground floor was occupied by him and the first floor became vacant. He applied for release of the vacant floor under s.16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, but the application was rejected and the floor was allotted to various

K.V. GEORGEversusSECRETARY TO GOVT., WATER AND POWER DEPARTMENT, TRIVANDRUM & ANR.

1989 INSC 3055 October 1989Dismissed

The appellant, a contractor, entered into a contract for constructing an embankment but failed to complete the work, leading to contract termination by the respondents. He filed an arbitration claim (Case No. 132 of 1980) seeking rate enhancement, interest and costs, while the respondents filed a counter‑claim. The arb

GIRJA SHANKAR TIWARI AND ANR.versusHIRDAY RANJAN CHAKRABORTY AND ANR.

1988 INSC 3135 October 1988Case Allowed

The premises in Rae Bareli were originally let to M/s. Dhacca Swastik Aushadhalaya in 1946-47. The Aushadhalaya ceased operations in 1976, but its employee, Hirday Ranjan Chakraborty, continued to occupy the shop and paid rent in the name of the former tenant. The appellant, brother‑in‑law of the landlords, filed an ap

UNION OF INDIA & ANR.versusSHIROMANI GURDWARA PRABANDHAK COMMITEE & ORS.

1986 INSC 1615 August 1986Case Allowed

The Union of India filed a transfer petition under Section 25 of the Code of Civil Procedure seeking to move a suit filed by the Shiromani Gurdwara Prabandhak Committee and Sardar Gurcharan Singh Tohra against the Union and other respondents for Rs 1,000 crore damages arising from the 1984 Operation Blue Star. The suit

N. ABDUL BASHEER & ORS. ETC. ETC.versusK.K. KARUNAKARAN & ORS.

1989 INSC 1815 May 1989Dismissed

Non‑graduate Excise Preventive Officers challenged an amendment to Special Rule 2 of the Kerala Excise & Prohibition Subordinate Service Rules that introduced a 1:3 ratio favouring graduates for promotion to Second Grade Excise Inspector. The Kerala High Court and a Division Bench held the amendment violated Articles 1

RAJA SATYENDRA NARAYAN SINGH & ANR.versusSTATE OF BIHAR & ORS.

1987 INSC 1505 May 1987Dismissed

The estate of the late Raja Nilkanth Narayan Singh was vested in the State of Bihar under the Bihar Land Reforms Act, 1950. While some mines were being worked under leases and royalties were paid, the successors-in-interest filed a writ petition seeking compensation for coal-bearing areas that had not been exploited at

UNION OF INDIA & ANR.versusL.K. AHUJA & CO.

1988 INSC 925 April 1988Dismissed

The Union of India entered into four construction contracts with L.K. Ahuja & Co., which were completed and final bills were accepted. Later the respondent claimed a balance of Rs 1,91,137 and sought arbitration, but the government replied that no dispute existed. The respondent filed an application under Section 20 of

THE MUNICIPAL CORPORATION OF THE CITY OF AHMEDABADversusBEN HIRABEN MANILAL

1983 INSC 325 April 1983Appeal(s) allowed

The respondent purchased a house in 1960, but in 1965 unauthorised walls were added without municipal permission. The Ahmedabad Municipal Corporation issued a notice under Section 260(1)(a) of the Bombay Provincial Municipal Corporation Act, 1949, requiring the respondent to show cause why the unauthorised work should

STATE OF ORISSA AND OTHERSversusCONSTRUCTION INDIA

1987 INSC 3584 December 1987Dismissed

The State of Orissa entered into a contract with Construction India in 1970‑71. An arbitrator appointed by the court awarded relief in 1982, including interest calculated from the date of reference to the arbitrator up to the date of the award. The award was challenged on the ground that it was unreasoned and that the

FERTILIZER CORPORATION OF INDIA LTD.versusSTATE OF BIHAR

1987 INSC 3594 December 1987Appeal(s) allowed

Fertilizer Corporation of India Ltd filed its quarterly sales‑tax returns a few days late without seeking a formal extension, but it paid the tax before the due dates and claimed the 1% rebate under section 15 of the Bihar Sales Tax Act, 1959. The Tribunal and the High Court held that because the returns were not filed

MADHUKAR S/O M. LAPALIKARversusD.V. HINGWE & ORS.

1986 INSC 2564 December 1986Appeal(s) allowed

Madhukar Lapalikar, an evicted tenant and a Central Government employee, was allotted a house in Nagpur in 1960 under clause 24A of the Central Provinces and Berar Letting of House and Rent Control Order, 1949, as an evictee. After retiring in May 1978, a respondent applied under clause 25 of the same Order to evict hi

S.P. JAINversusKRISHNA MOHAN GUPTA & ORS.

1986 INSC 2574 December 1986Dismissed

The case concerned a government servant, S.P. Jain, who was ordered to vacate his government‑allotted quarters and sought immediate possession of the first floor of his own house in Meerut cantonment, which was let to K.M. Gupta. Jain filed an eviction petition under sections 24B and 24C of the U.P. Urban Buildings (Re

POMAL KANJI GOVINDJI & ORS.versusVRAJLAL KARSANDAS PUROHIT & ORS.

1988 INSC 3444 November 1988Dismissed

The plaintiffs sought redemption of a 99‑year mortgage executed in 1943 and possession of the mortgaged urban property from tenants inducted by the mortgagees. The mortgage deed imposed harsh conditions, including a clause that interest on a portion of the loan could be paid only at redemption after 99 years, effective

MOHAMMAD SWALLEH & ORS.versusIIIRD ADDL. DISTRICT JUDGE, MEERUT & ANR.

1987 INSC 3144 November 1987Dismissed

The landlord obtained permission to evict tenants under Section 3 of the 1947 U.P. Temporary Control of Rent and Eviction Act, which became final after a rejected revision. He filed a suit for eviction, which was later dismissed on a technical ground. Subsequently, relying on Section 43(2)(rr) of the 1972 U.P. Urban Bu

HMM LIMITED & ANR.versusADMINISTRATOR BANGALORE CITY CORPORATION, BANGALORE & ANR.

1989 INSC 3024 October 1989Appeal(s) allowed

HMM Ltd., a manufacturer of Horlicks malted milk powder, imported the powder in bulk drums into Bangalore, repackaged it into small bottles and exported most of it outside the municipal limits. The company paid octroi duty on entry but claimed a refund, arguing that the goods were not used, consumed or sold within the

MANMOHAN KAURversusSURYA KANT BHAGWANDI

1988 INSC 3114 October 1988Disposed off

Manmohan Kaur, a tenant, was ordered by the trial court to deposit rent monthly. She failed to deposit rent for November and December 1986 due to a genuine mistake, believing her son had paid. The landlord sought to strike out her defence under Section 13 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1

K. L. TRIPATHIversusSTATE BANK OF INDIA AND OTHERS

1983 INSC 1384 October 1983Dismissed

K.L. Tripathi, a Branch Manager of State Bank of India, was charged with irregularities in issuing letters of credit and alleged misconduct. An internal investigation under the SBI (Officers and Assistants) Service Rules led to a charge‑sheet, after which he was given a personal hearing but not the opportunity to cross

DELHI TRANSPORT CORPORATIONversusD.T.C. MAZDOOR CONGRESS

1990 INSC 2654 September 1990Dismissed

The Delhi Transport Corporation (DTC) terminated the services of three permanent employees under Regulation 9(b) of the Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952, which allowed termination by one month's notice or pay in lieu thereof without assigning reasons or holding an

INDIAN RAYON CORPN. LTD.versusRAUNAQ & COMPANY PVT. LTD.

1988 INSC 2044 August 1988Dismissed

The award in a dispute between Indian Rayon Corp. Ltd. and Raunaq & Co. was filed in the Calcutta High Court on 4 February 1977. The appellant claimed the award had been wrongly filed and sought a notice of filing; the court issued a notice on 30 July 1981. The appellant applied for a certified copy of the award on 18

INDER MOHAN LALversusRAMESH KHANNA

1987 INSC 1964 August 1987Appeal(s) allowed

The landlord, I.M. Lal, obtained permission under Section 21 of the Delhi Rent Control Act, 1958, to let his newly built premises to Ramesh Khanna for a two‑year residential tenancy, after stating that he did not require the premises for that period. When the tenant refused to vacate after two years, the landlord sough

INDIAN TEXTILE PAPER TUBE CO. LTD.versusCOLLECTOR OF CUSTOMS, MADRAS

1990 INSC 1904 May 1990

The appellant, Indian Textile Paper Tube Co. Ltd., imported goods that were initially classified under a higher duty heading and later obtained a refund order after the Appellate Collector re‑classified them under a lower duty heading. The Central Government, exercising suo motu power under Section 131(3) of the Custom

RAM BHAGAT SINGH AND ANR.versusSTATE OF HARYANA AND ANR.

1990 INSC 1204 April 1990Disposed off

The petitioners, SC/ST law graduates, challenged Haryana's Rule 8 which required a uniform 55% aggregate mark for all candidates in the Judicial Service examination, alleging it denied them equality of opportunity despite a 20% reservation. The State argued the mark ensured efficiency. The Supreme Court examined the co

BUDHWANTI AND ANR.versusGULAB CHAND PRASAD

1987 INSC 704 March 1987Dismissed

The case concerned a long‑standing tenancy that began in 1932, where the rent was progressively increased from Rs.16 to Rs.60 in violation of the Bihar Buildings (Lease, Rent and Eviction) Control Act. After the landlord, who became the Karta of the joint family, served a notice of termination, the tenants were sued fo

JETHA BAI & SONS, JEW TOWN, COCHIN, ETC. ETC.versusSUNDERDAS RATHENAI, ETC. ETC .

1988 INSC 334 February 1988Disposed off

The Supreme Court examined whether a further revision by a High Court under Section 115 of the Code of Civil Procedure is permissible against a District Court's revisional order made under Section 20 of the Kerala Buildings (Lease & Rent) Control Act, 1965. Earlier decisions – Aundal Ammal v. Sadasivan Pillai (Kerala)

CAPT. (NOW MAJOR) ASHOK KSHYAPversusMRS. SUDHA VASISHT & ANR.

1987 INSC 334 February 1987Appeal(s) allowed

The dispute concerned the inheritance of immovable and movable property of a deceased father and was referred to arbitration. The arbitrator's award directed payment of sums and stipulated residence rights, but did not actually create or extinguish any right in the immovable property. The first respondent objected that

PRABHAKARAN NAIR, ETC.versusSTATE OF TAMIL NADU AND ORS.

1987 INSC 2373 September 1987Dismissed

The petitioners challenged the constitutionality of sections 14(1)(b), 16(2) and 30(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging that they were arbitrary, discriminatory and violated Article 14 of the Constitution. The case arose from an eviction order under section 14(1)(b) for demoliti

ABHAY SINGH SURANAversusINDIAN RAYON & INDUSTRIES LTD.

1988 INSC 2013 August 1988Disposed off

Abhay Singh Surana, the landlord of a godown, sued Jayshree Textiles (later amalgamated with Indian Rayon) for eviction and faced a title suit for injunction. He applied under Clause 13 of the 1865 Letters Patent of the Calcutta High Court to have both suits transferred to the High Court, citing the respondent's dilato

STATE OF UTTAR PRADESH & ORS.versusKASTURI LAL HAR LAL

1987 INSC 1953 August 1987Dismissed

The State of Uttar Pradesh assessed Central Sales Tax on coal transactions carried out by the respondent, Kasturi Lal Har Lal, who sold coal by endorsing railway receipts while the goods were moving from Bihar to Uttar Pradesh. The Sales Tax Officer in Lucknow held that the sales were inter‑State under section 3(b) of

UNION OF INDIA AND ORS.versusSUKUMAR SENGUPTA AND ORS.

1990 INSC 1773 May 1990Disposed off

The case concerned the implementation of the 1974 and 1982 India‑Bangladesh agreements concerning the lease of a small tract of land (Teen Bigha) to enable Bangladesh’s access to its enclaves Dahagram and Angarpota. The petitioners argued that the agreements amounted to a cession of Indian territory and a surrender of

NARENDRA KUMAR MAHESHWARIversusUNION OF INDIA & ORS.

1989 INSC 1783 May 1989Dismissed

The Supreme Court examined the validity of the Controller of Capital Issues' (CCI) consent to Reliance Petrochemicals Ltd.'s (RPL) issue of fully convertible debentures, which petitioners alleged was granted with undue haste, without proper application of mind, and in violation of non‑statutory guidelines, security req

FOOD CORPORATION OF INDIAversusJOGINDERPAL MOHINDERPAL

1989 INSC 763 March 1989Dismissed

The Food Corporation of India (FCI) entered into a contract with Joginderpal to supply paddy for shelling into rice at a 70% yield, with a shelling charge of Rs 2.20 per quintal. A dispute led to the appointment of an arbitrator who, in a speaking award dated 22 January 1982, disallowed FCI's claims for a penalty of Rs

STATE OF TAMIL NADUversusMAHI TRADERS & ORS. ETC. ETC.

1989 INSC 413 February 1989Dismissed

The respondents, dealers in hides and skins, claimed that leather splits and coloured leather fell within entry 14(1)(iii) of the Central Sales Tax Act, 1956 – "hides and skins, whether in a raw or dressed state" – and were therefore entitled to the concessions of section 15. The assessing authority allowed the claim f

COMMISSIONER OF INCOME TAX, KANPURversusDR. R.S. GUPTA

1987 INSC 303 February 1987Appeal(s) allowed

Dr. R.S. Gupta claimed that two sums (Rs.1,50,000 and Rs.67,560½) were valid gifts to his sons and grandsons, effected by instructing a non‑banking firm (Messrs Tika Ram & Sons) to debit his account and credit the donees' accounts. The firm had only Rs.4,000 cash and no overdraft facility. The Revenue argued that witho

COMMISSIONER OF INCOME-TAX, U.P., LUCKNOWversusBRITISH INDIA CORPN. LTD., KANPUR

1987 INSC 313 February 1987Dismissed

British India Corp Ltd entered into an agreement with Charles Walker & Co. to obtain technical know‑how, use certain trademarks and receive specialised tanning processes. Paragraph 7 of that agreement required the company to appoint Textile & General Supplies, a nominee of Charles Walker, as its distributor in India an

BRIJENDRA NATH BHARGAVA & ANR.versusHARSH WARDHAN & ORS.

1987 INSC 3562 December 1987Appeal(s) allowed

The tenants appealed an eviction order that was based on an alleged material alteration – the construction of a wooden balcony (Dochhatti) – without the landlord's permission under Section 13(1)(c) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The trial court and the Rajasthan High Court upheld th

B. R. MEHTAversusSMT. ATMA DEVI & ORS.

1987 INSC 2362 September 1987Appeal(s) allowed

The appellant, B.R. Mehta, had been a tenant of a house in Kalkaji since 1968. In 1978 his wife, a government teacher, was allotted a separate government quarter, which she later vacated and rejoined the family home. The landlord sought eviction of the appellant under Section 14(1)(h) of the Delhi Rent Control Act, cla

COLLECTOR OF CENTRAL EXCISE, MADRASversusINDIAN OXYGEN LTD.

1988 INSC 1992 August 1988Dismissed

Indian Oxygen Ltd., a manufacturer of dissolved acetylene and compressed oxygen gases, supplied the gases in cylinders. Some customers used their own cylinders while others used cylinders supplied by the company, for which the company charged a rental fee and took a deposit on which a notional 18% interest was calculat

MARRI CHANDRA SHEKHAR RAOversusDEAN, SETH G.S. MEDICAL COLLEGE AND ORS.

1990 INSC 1682 May 1990Disposed off

M.C.S. Rao, born in Andhra Pradesh and belonging to the Gouda community, held a Scheduled Tribe certificate and applied for MBBS seats in Maharashtra seeking reservation benefits. His application was rejected because the Gouda community is not listed as a Scheduled Tribe in Maharashtra. The petitioner argued that the c

UNION OF INDIA & ORS.versusPLAYWORLD ELECTRONICS PVT. LTD. & ANR.

1989 INSC 1702 May 1989Dismissed

Playworld Electronics Pvt. Ltd. manufactured wireless sets, tape recorders and tape players that were unbranded in its price list but were sold exclusively under the "Bush" brand to Bush India Ltd. and its authorised dealers. The Revenue issued a Show‑Cause Notice alleging that Bush India was a "related person" and tha

UNION OF INDIA & ORS.versusPUROLATOR INDIA LTD.

1989 INSC 1712 May 1989Dismissed

Purolator India Ltd., a manufacturer of filters, declared its assessable value for excise duty based on the price at which it sold the goods to its customers under various brand names. The Revenue issued show‑cause notices demanding that the assessable value be computed on the basis of the price at which the customers

UNION OF INDIA & ORS.versusHIND LAMP LTD.

1989 INSC 1722 May 1989Dismissed

Hind Lamp Ltd., a manufacturer of electric lamps, sold its entire output to five customer companies under the latter's brand names. The Central Excise authorities argued that the value for excise duty should be based on the price at which these customers subsequently sold the lamps to wholesale dealers, while Hind Lamp

CHUHARMAL S/0 TAKARMAL MOHNANIversusCOMMISSIONER OF INCOME-TAX, M.P., BHOPAL

1988 INSC 1262 May 1988Dismissed

The petitioner, Chuharmal, filed an income‑tax return for AY 1974‑75 showing a total income of Rs 3,113. During a customs search in May 1973, 565 foreign watches valued at Rs 87,455 were seized from his bedroom. The Income‑Tax Officer issued notices under s.69A of the Income Tax Act to treat the value of the watches as

CHUHARMALversusUNION OF INDIA & ORS.

1988 INSC 1272 May 1988Dismissed

In 1973 the Customs authorities seized 565 foreign wrist watches from the petitioner’s residence and issued a show‑cause notice under section 124 of the Customs Act. The Collector later extended the statutory six‑month period for issuing the notice under the proviso to section 110(2) and imposed a penalty of Rs.2,00,00

JAISHRI ENGINEERING CO. (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE, BOMBAY

1989 INSC 752 March 1989Dismissed

Jaishri Engineering Co. applied for a central excise licence to manufacture goods classified under Tariff Item 68 and claimed exemption under notifications 89/79‑CE and 105/80‑CE. The Excise Department later issued a show‑cause notice alleging that the company had manufactured and removed 14,88,838 pieces of nuts, whic

COMMISSIONER OF SALES-TAX, U.P., LUCKNOWversusSUPER COTTON BOWL REFILLING WORKS & ANR.

1989 INSC 392 February 1989Dismissed

The assessees, Super Cotton Bowl Refilling Works, repaired and refilled cotton bowls used in textile calendering machines and sought a declaration under section 35 of the Uttar Pradesh Sales Tax Act, 1948 that their activity did not constitute "manufacture" or "sale". The Commissioner of Sales Tax held that both questi

NAGAR MAHAPALIKA BAREILLYversusSTATE OF U.P. & OTHERS

1988 INSC 322 February 1988Dismissed

The Nagar Mahapalika, Bareilly imposed octroi duty on country spirit supplied from a bonded warehouse at a rate of Re 1 per litre, classifying it under Class VI of a 1986 notification as "foreign imported liquor and all kinds of wines made in India." The respondents, licensed retailers of country liquor, contended that

KALYAN SINGH, LONDON TRAINED, CUTTER, JOHRI BAZAR, JAIPURversusSMT. CHHOTI AND ORS.

1989 INSC 3701 December 1989Appeal(s) allowed

The dispute concerned a garden and temple complex in Jaipur claimed as community property of the Darjee (tailors) community. The appellant, Kalyan Singh, challenged a decree that had upheld the plaintiff’s title based on a 1916 will and an 1875 sale deed. The Supreme Court examined whether the earlier suit against Bhon

SANT LAL BHARTIversusSTATE OF PUNJAB

1987 INSC 3541 December 1987Dismissed

Sant Lal Bharti, claiming ownership of premises in Punjab, filed a writ petition challenging the constitutional validity of Section 4 of the East Punjab Urban Rent Restriction Act, 1949, on grounds of violation of Articles 14 and 19(1)(g) and alleged unreasonableness. The High Court dismissed the petition in limine bec

IDUL HASAN & ORS.versusRAJINDRA KUMAR JAIN

1989 INSC 2641 September 1989Dismissed

The appellants, tenants of a premises in Bijnor, were sued for eviction in 1967 under the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947, on the ground that they had made material alterations to the building. Lower courts held the alterations were material and ordered eviction; the High Court affirmed

DR. SAROJ KUMAR DASversusARJUN PRASAD JOGANI

1987 INSC 2341 September 1987Appeal(s) allowed

Dr. Saroj Kumar Das, a medical practitioner residing in Ghana, sued tenant Arjun Prasad Jogani for possession of the second‑floor rear portion of 248 C.I.T. Road, Calcutta, claiming a genuine requirement for personal use and no alternative accommodation. The trial court and the Additional District Judge granted evictio

BALRAM GUPTAversusUNION OF INDIA & ANR.

1987 INSC 2351 September 1987Appeal(s) allowed

Balram Gupta, a permanent clerk with over 20 years of service, gave notice of voluntary retirement effective 31 March 1981 under Rule 48‑A of the Central Civil Services (Pension) Rules, 1972. He later withdrew the notice on 31 January 1981, citing personal requests from staff, but the government refused permission to w

COMMISSIONER OF SALES TAX U.P. LUCKNOWversusMOOL CHAND SHYAM LAL, BELANGANJ, AGRA

1988 INSC 1961 August 1988Dismissed

The appellant, Commissioner of Sales Tax, assessed a penalty on the respondent, a roller flour mill dealer, for allegedly realizing excess amounts as wheat purchase tax, sales tax, and octroi beyond what was legally payable under the U.P. Sales Tax Act. The dealer had been authorised by a government notification to rec

D.K. MITRA AND ORS.versusUNION OF INDIA AND ORS.

1985 INSC 1451 July 1985Appeal(s) allowed

Eight petitioners, originally Assistant Medical Officers, were promoted on an officiating basis to Divisional Medical Officer posts between 1971 and 1974 under the 1965 and 1973 Railway Medical Service Rules, which treated such posts as selection posts. A seniority list prepared in 1979 under the 1978 Rules (which intr

STATE OF TAMIL NADUversusSHAKTI ESTATES & ANR.

1989 INSC 371 February 1989Appeal(s) allowed

Shakti Estates and Shanmugha Estate, firms of ten individuals, leased reserve forest land to develop coffee and cardamom plantations. To clear the forest they felled unwanted trees and sold the resulting firewood, sized timber, sleepers and charcoal. The State of Tamil Nadu claimed the turnover from these sales was ass

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