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SUJATA V MANOHAR

246 judgments · newest first · showing 1–200

RAJASTHAN AGRICULTURAL UNIVERSITY, BIKANERversusMITHA LAL KOTHARI AND ANR.

1999 INSC 352Appeal(s) allowed

The State of Rajasthan transferred research staff of its Directorate of Agriculture to the University of Udaipur (now Rajasthan Agricultural University) by an order dated 27‑12‑1975, protecting their existing pay and scale. Subsequent revisions of pay scales merged dearness allowance into basic pay …

SAROJ RANI AND ANR. ETC. ETC.versusSTATE OF PUNJAB AND ORS.

1999 INSC 354Disposed off

The case concerned promotion of clerks to Assistant/Senior Assistant in Punjab. The 1984 Rules required passing an examination for promotion, but a 1991 notification exempted clerks with 18 years of service from the exam under Rule 12. This created two groups – exemptees and qualifiers – leading to …

DELHI ADMINISTRATIONversusGURDIP SINGH UBAN AND ORS. ETC.

1999 INSC 347Appeal(s) allowed

The Delhi Administration issued a Section 4(1) notification in 1980 for 50,000 bighas of land and a Section 6 declaration in 1985. Several writ petitions challenged the declaration; a Full Bench upheld it, but a Division Bench later quashed the Section 6 declaration on 18‑Nov‑1988. A subsequent writ …

SH. S.R. MURTHYversusTHE STATE OF KARNATAKA AND ORS.

1999 INSC 342Appeal(s) allowed

The appellant, a senior general‑category employee, was passed over for promotion to the single post of Head of Section (Ceramics) in a government polytechnic, where a junior Scheduled Caste employee was appointed on the basis of a reservation roster. The Karnataka Administrative Tribunal upheld the …

PAIARA LALversusSTATE OF PUNJAB AND ANR.

1999 INSC 312Appeal(s) allowed

The appellant, a police constable appointed in the former State of PEPSU in 1949, was allotted to Punjab after PEPSU merged with Punjab on 1 November 1956. PEPSU regulations prescribed a retirement age of 60 years for Class‑IV employees, whereas Punjab prescribed 58 years. The Superintendent of …

THE STATE OF PUNJABversusBALDEV SINGH

1999 INSC 282Disposed off

The Supreme Court examined a batch of appeals concerning searches under the Narcotic Drugs and Psychotropic Substances Act, 1985. It held that an empowered officer must inform a suspect of his right to be searched before a Gazetted Officer or Magistrate, and that this duty is imperative, not merely …

UNION OF INDIA AND ORS.versusMOTION PICTURE ASSOCIATION AND ORS. ETC. ETC.

1999 INSC 274Disposed off

The Union of India and the States of West Bengal and Uttar Pradesh challenged provisions in the Cinematograph Act, 1952 and related state regulations that require cinema exhibitors to show short scientific, educational, documentary or news films and to pay a 1% rental fee to the Films Division. The …

BANK OF INDIA AND ANR.versusDEGALASURYANARAYANA

1999 INSC 270Case Partly allowed

Degla Suryanarayana, a middle‑management officer of Bank of India, was found fit for promotion in 1981 but the promotion was withheld due to pending criminal cases. After being acquitted, he sought promotion and was granted ad‑hoc promotion by the High Court, which also ordered a departmental …

K.NARENDRAversusRIVIERA APARTMENTS (P) LTD.

1999 INSC 265Appeal(s) allowed

The appellant, K. Narendra, entered into a 1972 agreement to sell a 4,000 sq m plot to Riviera Apartments (P) Ltd for Rs 8,97,740, contingent on the buyer obtaining various governmental sanctions for a multi‑storey project. The buyer failed to secure the required approvals, part of the land was …

UMAPATI CHOUDHARYversusSTATE OF BIHAR

1999 INSC 254Appeal(s) allowed

Umapati Chaudhary, a lecturer of Kameshwar Singh Darbhanga Sanskrit University, was deputed to the Bihar Sanskrit Shiksha Board as Controller of Examinations with the consent of the University, the Board and the Government. The Board later sought his permanent absorption, which the University …

N.S. GIRIversusCORPORATION OF CITY OF MANGALORE & ORS.

1999 INSC 255Dismissed

N.S. Giri, an Assistant Health Officer of Mangalore City Municipality, was governed by Rule 48 of the Karnataka Municipalities (Conditions of Service) Rules, 1972 which fixed the superannuation age at 55 years. An industrial dispute concerning whether the retirement age should be raised to 58 years …

BABURAOversusMANIKRAO AND ANR.

1999 INSC 249Dismissed

In the 1995 Maharashtra Legislative Assembly elections, both the appellant Baburao and the first respondent Manikrao filed nominations from Nilanga constituency. The respondent's name appeared in the electoral rolls of both Nilanga and Latur constituencies. Baburao objected, claiming that this dual …

UCO BANK, CALCUTTAversusCOMMISSIONER OF INCOME TAX, WEST BENGAL

1999 INSC 248Appeal(s) allowed

UCO Bank had credited interest on loans whose repayment was doubtful to a suspense account and, following CBDT Circular No. F 201/21/84 TTA‑11 dated 9 Oct 1984, excluded that interest from its total income for AY 1981‑82. The Commissioner of Income Tax re‑included the amount, but the ITAT and the …

STATE OF RAJASTHAN AND ANR.versusM/S. MAHAVEER OIL INDUSTRIES AND ORS.

1999 INSC 196Disposed off

The State of Rajasthan, under the Rajasthan Sales Tax Act, 1954, issued an incentive scheme in 1987 exempting new industrial units, including oil extraction and manufacturing, from sales tax. In 1990 the State withdrew this exemption for oil industries by a notification issued under both the …

SH. AKLU RAM MAHTOversusSH. RAJENDRA MAHTO

1999 INSC 152Dismissed

In the 1995 Bihar Legislative Assembly election for the Bokaro constituency, the Returning Officer rejected the nomination papers of two workers, a Khalasi and a Meter Reader employed by Bokaro Steel Plant, on the ground that they were "managing agents" of the plant and thus disqualified under …

STATE OF KERALA AND ORS.versusV.R. KALLIYANIKUTTY AND ANR. ETC. ETC.

1999 INSC 151Disposed off

The State of Kerala issued notifications under Section 71 of the Kerala Revenue Recovery Act, 1968 to enable banks and the Kerala Financial Corporation to recover agricultural loans through a speedy summary procedure. The respondents argued that even if the loans were time‑barred under the …

CHIEF EXECUTIVE OFFICERversusSURENDERA KUMAR VAKIL AND ORS.

1999 INSC 127Appeal(s) allowed

The case concerned a bungalow and land in Sagar Cantonment that were recorded in the General Land Register as held on an "old grant" basis. The respondents purchased the property through four sale deeds, later amending the description from lease‑hold to old‑grant, and began construction without …

RAJENDRA AND OTHERSversusSTATE OF RATASTHAN AND OTHERS

1999 INSC 44Dismissed

The Rajasthan Government created District Rural Development Agencies (DRDAs) as societies funded entirely by the State to implement various poverty‑alleviation schemes. Employees, including Class‑III and Class‑IV staff, were appointed on temporary six‑month contracts under the State Rural …

M/S. M.K. SHAH ENGINEERS AND CONTRACTORSversusSTATE OF MADHYA PRADESH

1999 INSC 45Case Partly allowed

The contractors M.K. Shah Engineers and Chabaldas & Sons were engaged by the State of Madhya Pradesh to construct the Barna Main Dam. Their contracts contained an arbitration clause requiring a prior decision by the Superintending Engineer (SE) and a 28‑day notice to challenge it before arbitration …

SAIJ GRAM PANCHAYATversusSTATE OF GUJARAT AND ORS.

1999 INSC 25Dismissed

The State of Gujarat issued notifications under Section 16 of the Gujarat Industrial Development Act, 1962 declaring the Kaloi Industrial Area a notified area under the Gujarat Municipalities Act and simultaneously excluded it from Saij Gram Panchayat under the Gujarat Panchayat Act, 1961, along …

M/S SARDAR CONSTRUCTION CO.versusSTATE OF GUJARAT

1999 INSC 23Dismissed

Miss Sardar Construction Co. entered into a works contract with the State of Gujarat and an arbitration award was made before 1 January 1994, the date on which the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 came into force. The award had not become final when the Act …

BHARAT BHUSHAN BANSALversusU.P. SMALL INDUSTRIES CORPORATION LTD., KANPUR

1999 INSC 18Dismissed

The appellant entered into a construction contract with the respondent that contained clauses making the decisions of the Executive Engineer and the Managing Director final and binding on the parties. Disputes arose over payments and work, and the appellant sought appointment of an arbitrator under …

V.C. PERUMALversusTHE UNION OF INDIA AND ORS.

1999 INSC 14Dismissed

V.C. Perumal, a directly recruited police officer, challenged the year his name was placed on the select list for promotion to the Indian Police Service, arguing it should have been in the 1977 list rather than the 1978 list. The Court examined Regulation 5 of the IPS (Appointment by Promotion) …

UTKAL COMMERCIAL CORPORATIONversusCENTRAL COAL FIELDS LTD

1999 INSC 15Appeal(s) allowed

Utkal Commercial Corporation entered into a contract with Central Coal Fields Ltd to supply alumina ferric, which expired in August 1975. A dispute arose and the appellant served a notice on 12 September 1976 demanding the respondent concur in the appointment of an arbitrator under Section 8 of the …

SUNDARAM FINANCE LTD.versusNEPC INDIA LTD.

1999 INSC 10Disposed off

Sundaram Finance Ltd entered into a hire‑purchase agreement for two wind‑turbine generators with NEPC India Ltd, which contained an arbitration clause. After the respondent defaulted on payments, the appellant sought interim custody of the equipment under Section 9 of the Arbitration and …

STATE OF ORISSAversusSHRI B.K. ROUTRAY

1999 INSC 8Appeal(s) allowed

The State of Orissa appealed an arbitral award that granted interest for the pre‑reference period of 31‑Mar‑1977 to 20‑Mar‑1980, a period that preceded the commencement of the Interest Act, 1978. The award was made on 12‑Oct‑1982, after the Act had come into force, raising the question whether the …

UTKAL UNIVERSITY ETC.versusDR. NRUSINGHA CHARAN SARANGI AND ORS.

1999 INSC 2Appeal(s) allowed

Utkal University advertised a Reader position in Oriya and formed a selection committee that recommended Dr. Surendranath Dash, who was appointed. Unsuccessful candidate Dr. Nrusingha Charan Sarangi filed a writ challenging the selection on three grounds: the D.Litt degree he obtained after the …

COMMISSIONER OF INCOME TAX, BIHAR-II, PATNA.versusBOKARO STEEL LTD. BOKARO

1998 INSC 490Dismissed

Bokaro Steel Ltd., a government‑owned corporation, was in the process of constructing its steel plant and had not yet commenced business. During the assessment years it received (i) rent for quarters provided to contractors’ workers, (ii) hire charges for plant and machinery supplied to contractors, …

SHRIRAM MANDIR SANSTHAN @ SHRI RAM SANSTHAN PUSDAversusVATSALABAI AND OTHERS

1998 INSC 483Appeal(s) allowed

The appellants, trusts established for educational or public religious purposes, owned agricultural lands covered by Section 129(b) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958. Their tenants died, and the trusts sought eviction, arguing that the tenancies terminated on …

COMMISSIONER OF INCOME TAXversusG. NARSHIMHAN (DIED) BY HEIRS

1998 INSC 479Case Partly allowed

The assessee, a shareholder of Kasthuri Estates Pvt. Ltd., received cash and property when the company reduced its share capital from Rs 1,000 to Rs 210 per share. Earlier advances to shareholders had been treated as deemed dividends under Section 2(22)(e) of the Income‑Tax Act. The Tribunal held …

RAUNAQ INTERNATIONAL LTD.versusI.V.R. CONSTRUCTION LTD. AND ORS .

1998 INSC 468Appeal(s) allowed

The Maharashtra State Electricity Board issued a tender for large‑diameter piping for a power project and received bids from Raunaq International Ltd. and IVR Construction Ltd. The Board, after a technical assessment, relaxed the qualifying criteria and awarded the contract to Raunaq, whose bid was …

RAGHUNATHE JEW AT BHAPURversusBASANTHA KUMAR SAHU AND ORS.

1998 INSC 470Appeal(s) allowed

The appellant, a public deity, sought settlement of land vested in the State under the Orissa Estate Abolition Act, 1952, following notifications of 1968 and 1974. Private respondents objected, claiming occupancy rights, but the Estate Abolition Collector rejected their objections and settled the …

UNION OF INDIA AND ANR.versusCHOTELAL AND ORS.

1998 INSC 471Appeal(s) allowed

The Union of India appealed against a Central Administrative Tribunal (CAT) order that had held Dhobis employed at the National Defence Academy (NDA) were civil servants because their salaries were drawn from the Regimental Fund, which the Tribunal said was linked to the Consolidated Fund of India. …

THE DEPUTY COMMISSIONER ETC.versusCONSUMER CO-OPERATIVE STORES LTD.

1998 INSC 472Dismissed

The Deputy Commissioner of Andaman & Nicobar Islands challenged the refund of excise duty paid by licensees of Indian-made foreign liquor, arguing that the 1984 Amendment Regulation, particularly Section 31A and the non obstante clause in Section 6, validly imposed a special duty retrospectively. …

ORISSA SMALL INDUSTRIES CORPN. LTD. AND ANR.versusNARASINGHA CHARAN MOHANTY AND ORS.

1998 INSC 473Appeal(s) allowed

The respondent, an Assistant Manager of Orissa Small Industries Corporation Ltd., was terminated, reinstated by the High Court and given a notional promotion to Joint Manager. When a vacancy for Manager arose, the Departmental Promotion Committee considered his candidature but found him unsuitable, …

UNION OF INDIA AND ORS.versusKISHORILAL BABLANI

1998 INSC 459Dismissed

Kishorilal Bablani qualified for the IAS in 1974 and was placed in Class II service because the number of Class I vacancies was allegedly miscomputed. He claimed that 97 Class I posts should have been notified, not 40, and sought appointment under the 50% direct‑recruit/50% promotee quota. The …

DR. KUMAR BAR DASversusUTKAL UNIVERSITY AND ORS.

1998 INSC 457Appeal(s) allowed

The case concerned the appointment of Dr. Kumar Bar Das as Professor (SBI Chair) at Utkal University. The advertisement required "about ten years experience of teaching and/or research". The Selection Committee, after evaluating his combined teaching (7 years 7 months) and research (1 year 5 months) …

M.P. SHIKSHAK CONGRESS AND ORS.versusR.P.F. COMMISSIONER, JABALPUR AND ORS.

1998 INSC 449Dismissed

The appellants, representing teachers and staff of aided non‑government schools in Madhya Pradesh, challenged orders of the Regional Provident Fund Commissioner directing contributions to the Employees' Provident Fund (EPF) for the period 1 August 1982 to 1 December 1988, alleging that the Madhya …

DIRECTOR GENERAL, ESI CORPORATION NEW DELHI AND ANR.versusSHRI M.P. JOHN AND ORS.

1998 INSC 453Appeal(s) allowed

An ex‑serviceman (respondent No. 1) was re‑employed by the ESI Corporation as a Lower Division Clerk. His salary was fixed at the minimum of the prescribed pay scale under Government Order (G.O.) dated 8 February 1983, and he was also entitled to his full military pension. He contended that, for the …

VJJAYABAL AND ORS.versusSHRLRAM TUKARAM AND ORS.

1998 INSC 437Appeal(s) allowed

The appellants' predecessors obtained an order under Section 8(3) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 deleting respondent No. 1’s name from the tenant list after a compromise in which he admitted he was not a tenant and purchased part of the land. No appeal was …

V.S. CHARATIversusHUSSEIN NHANU JAMADAR (DEAD) BY L.RS.

1998 INSC 435Appeal(s) allowed

The appellant, a landlord who was a minor when he applied under Section 31(1) of the Bombay Tenancy and Agricultural Lands Act, 1948 for possession of land for personal cultivation, had his application dismissed, making the tenant a deemed purchaser. Subsequent proceedings under Section 32‑G to …

INCOME TAX APPELLATE TRIBUNAL THROUGH PRESIDENTversusV.K. AGARWAL AND ANR.

1998 INSC 431Case Allowed

The Income Tax Appellate Tribunal (through its President) filed a contempt petition against the former Law Secretary, V.K. Agarwal, alleging that his letters demanding a report on alleged contradictory orders interfered with the Tribunal's judicial functions. The Tribunal had originally issued a …

MAROTI AND ORS.versusDEVRAO AND ORS.

1998 INSC 430Dismissed

The dispute concerned the right of a respondent (Dadarao) to retain his status as a protected tenant under the Hyderabad Tenancy and Agricultural Lands Act, 1950, after the 1955 amendment introduced Section 37A. The appellant (Nivrutti) claimed that the amendment extinguished the respondent's rights …

THE APPROPRIATE AUTHORITY AND ANR.versusSMT. SUDHA PATIL AND ANR.

1998 INSC 419Appeal(s) allowed

The Appropriate Authority, exercising powers under Section 269‑UD of the Income Tax Act, 1961, concluded that a property in Bangalore was undervalued by more than 15% in an agreement of sale and ordered its compulsory purchase by the Central Government for the consideration stated in the agreement. …

VAIJANATH AND ORS.versusGURAMMA AND ANR.

1998 INSC 415Dismissed

The Supreme Court considered an appeal by the heirs of Veerappa challenging a partition order that gave the widow of Ramshetti a share in the joint family agricultural land. The issue was whether the Hindu Women's Right to Property Act, 1937, as applied in the erstwhile State of Hyderabad, covered …

KESHAV DEO AND ANR.versusSTATE OF U.P. AND ORS.

1998 INSC 398Appeal(s) allowed

The appellants were promoted on an ad‑hoc basis to Assistant Engineer in the Uttar Pradesh Public Works Department within the quota reserved for promotees and thereafter worked continuously in that post. Their promotions were later confirmed by the State Service Commission, and a seniority list was …

BAIDYANATH JENA AND ANR.versusUNION OF INDIA AND ORS.

1998 INSC 371Appeal(s) allowed

The case concerned officers of the Orissa State Police Service who were placed on the 1982 Select List for promotion to the Indian Police Service (IPS) but were not appointed and were omitted from the 1983 Select List. They challenged the 1983 list and the Central Administrative Tribunal (CAT) held …

ROSHNI DEVI AND ORS. ETC.versusSTATE OF HARYANA AND ORS.

1998 INSC 373Disposed off

The Haryana Service Selection Board (SSB) received requisitions for 662 clerk vacancies but prepared a selection list of 5,373 candidates on 15‑Oct‑1989 and recommended 1,692 names in a random order, excluding many higher‑merit candidates. The Punjab & Haryana High Court in Sudesh Kumari’s case …

RANI LAXMIBAI KSHETRIYA GRAMIN BANKversusCHAND BEHARI KAPOOR AND ORS. ETC.

1998 INSC 356Appeal(s) allowed

The Rani Laxmibai Kshetriya Gramin Bank advertised 35 Probationary Officer and 35 Field Supervisor posts in 1983, selected candidates including the respondents, but later appointed fewer officers despite increasing the advertised vacancies. The panel of successful candidates was to remain valid for …

T. LAKSHMIKUMARA THATHACHARIARversusCOMMISSIONER, H.R.C.E. AND ORS.

1998 INSC 341Dismissed

The case concerned a scheme for the administration of the Devarajaswamy Temple at Kancheepuram, originally settled in 1909 under Section 92 of the Code of Civil Procedure and modified in 1941 under the Madras Hindu Religious Endowments Act, 1927. In 1982 the Deputy Commissioner of Hindu Religious …

YOGESH CHANDRA JOSHIversusSTATE OF U.P. AND ORS.

1998 INSC 342Appeal(s) allowed

The Allahabad Jal Sansthan created the post of Finance Officer in 1978 without prior State Government approval and promoted the appellant to that post in 1986. In 1992 the State Government ordered his reversion to Accounts Officer, alleging that the post creation and promotion were irregular under …

UNION OF INDIA ETCversusTARA CHAND SHARMA AND ORS. ETC.

1998 INSC 307Appeal(s) allowed

For the 1981 Census, posts of Computors were created and respondents 5‑37 were appointed ad hoc to those posts. After the census, the posts continued and the Registrar General, after consulting the Department of Personnel and Training, regularised the appointments on 12 March 1991, stating that …

COMMISSIONER OF INCOME TAX, TAMIL NADU II, MADRASversusMADRAS AUTO SERVICE (P) LTD.

1998 INSC 302Dismissed

Madras Auto Service (P) Ltd. obtained a 39‑year lease on premises and, under the lease terms, demolished the existing structure and constructed a new building at its own cost, which legally belonged to the lessor. The company claimed the construction costs (Rs 1,62,835 and Rs 50,937) as deductible …

UNION OF INDIA AND ORS.versusN.Y. APTE AND ORS

1998 INSC 286Case Allowed

The case concerned the validity of amendments to the Indian Meteorological Service (Group A) Recruitment Rules of 1978 and 1983, which broadened the field of consideration for promotion to the post of Meteorological Grade‑I (MG‑I) by equating service experience across different grades (MG‑II and …

TRUSTEES OF SAHEBZADI OALIA KULSUM TRUSTversusCONTROLLER OF ESTATE DUTY, A.P.

1998 INSC 280Appeal(s) allowed

The Nizam of Hyderabad, Sir Mir Osman Ali Khan, executed two deeds of trust in 1953 creating wakf‑al‑aulad for his granddaughter Oalia Kulsum and his daughter‑in‑law Anwar Begum, with benefits flowing to their descendants and ultimately to a holy shrine. After his death in 1967, the estate duty …

HARI RAM GUPTA (DEAD) THROUGH L.R. KASTURI DEVIversusSTATE OF UTTAR PRADESH

1998 INSC 267Dismissed

Hari Ram Gupta retired in 1980, before the Uttar Pradesh Palika (Centralised) Service Retirement Benefits Rules, 1981 came into force. He filed a writ petition seeking a pension under the 1981 Rules, contending that Rule 3(2) and (3) gave the Rules retrospective effect and that the phrase "finally …

O.R.G. SYSTEMS BARODAversusCOLLECTOR OF CENTRAL EXCISE, VADODRA

1998 INSC 264Appeal(s) allowed

O.R.G. Systems (appellant) supplied raw materials, specifications and designs to other firms which manufactured complete computers with etched‑in software and sold them to O.R.G. Systems. The computers, along with imported peripheral devices and systems software, were cleared by the manufacturers …

P. VENKATARAMA REDDYversusCONTROLLER OF ESTATE DUTY

1998 INSC 263Dismissed

The appellant, P. Venkatarama Reddy, had assigned three life‑insurance policies to his grandchildren during his lifetime but retained possession, continued to pay premiums and loans on them. The revenue treated the policies as part of the deceased’s general estate for estate‑duty purposes, while the …

THE COMMISSIONER OF INCOME TAX, MADHYA PRADESH, BHOPALversusH.H. MAHARANI USHA DEVI

1998 INSC 241Dismissed

The ex‑Ruler of the former Holkar State sold two pieces of heirloom jewellery in the assessment year 1972‑73 and claimed that the proceeds were not taxable because the jewellery were "personal effects" within the meaning of Section 2(14) of the Income‑Tax Act, 1961. The Tribunal rejected this …

STATE OF A.P. AND ORS.versusK. MOHANLAL AND ANR.

1998 INSC 242Appeal(s) allowed

The State of Andhra Pradesh enacted the Land Grabbing (Prohibition) Act, 1982 which creates a Special Court consisting of a Chairman (a High Court judge) and four other members (two former District Judges and two former District Collectors). Section 7 of the Act allows the Government to appoint all …

HARSHAD SHANTILAL MEHTAversusCUSTODIAN AND OTHERS

1998 INSC 233Disposed off

The Supreme Court examined the interpretation of Section 11 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, which governs the discharge of liabilities and distribution of attached property of notified persons such as Harshad Mehta. It held that only taxes …

UNION OF INDIA AND OTHERSversusASHOKE KUMAR BANERJEE

1998 INSC 238Case Allowed

The respondent, Ashoke Kumar Banerjee, was a Junior Engineer in the CPWD. After completing 15 years of service, he was granted the Assistant Engineer pay scale on a personal basis under an Office Memorandum and his pay was fixed using FR 22(1)(a)(i). Later, when he was functionally promoted to …

C.B.S.E. AND ANRversusP. SUNIL KUMAR AND ORS. ETC.

1998 INSC 229Appeal(s) allowed

Students from non‑affiliated schools in Kerala were denied permission to sit for the Central Board of Secondary Education (CBSE) examinations. The Kerala High Court, first by a single judge and then by a division bench, issued interim orders allowing the students to appear and later directed that …

INDIAN RAYON INDUSTRIES ETC.versusCOLLECTOR OF CENTRAL EXCISE, JAIPUR

1998 INSC 230Appeal(s) allowed

The appellants, manufacturers of rapid‑hardening white cement, challenged the classification of their product under the Central Excise Tariff. They argued that the cement should be placed in Entry 23(i) of the Central Excises & Salt Act (and later Sub‑heading 2502.20) as rapid‑hardening cement, …

KRISHNA KUMAR SINGH AND ANR.versusSTATE OF BIHAR

1998 INSC 222Directions issued

In 1989 the Governor of Bihar promulgated Ordinance 32 to take over 429 private Sanskrit schools, vesting their assets in the State and converting the teachers into government servants. The Ordinance was repeatedly re‑promulgated until 1992 without ever being placed before the legislature. The …

THE COMMISSIONER OF INCOME TAX, DELHIversusM/S HINDUSTAN TIMES LTD. NEW DELHI

1998 INSC 220Dismissed

Hindustan Times Ltd purchased a residential building and later demolished it to erect a multi‑storeyed commercial building. The company paid Rs 36,96,516 as an additional premium for the commercial use of the extra built‑up area and added this amount to the cost of the new building, claiming …

GURMESH PRAKASH BISHNOIversusSTATE OF HARYANA AND ORS.

1998 INSC 218Case Allowed

Gurmush Prakash Bishnoj was appointed a member of the Haryana Public Service Commission (HPSC) on 4 March 1980 and served until 28 August 1984, after which he became Chairman of the HPSC until 27 August 1990. He received a pension of Rs.1,800 per month for his service as Chairman and claimed an …

JASWANT RAI AND ANR.versusCENTRAL BOARD OF DIRECT TAXES AND REVENUE AND ORS.

1998 INSC 214Appeal(s) allowed

The appellants, a firm, voluntarily disclosed undisclosed income for the years 1958-65 before any tax authority detection and filed a statement of affairs. The Assessing Officer initiated penalty proceedings under Section 271(1)(c) of the Income Tax Act, imposing a penalty of Rs. 4,90,365, which was …

SRI GOPABANDHU BISWAL ETC.versusKRISHNA CHANDRA MOHANTY AND ORS. ETC.

1998 INSC 192Appeal(s) allowed

Gopabandhu Biswal, a former military officer appointed as Assistant Commandant in the Orissa Military Police, sought promotion to the Indian Police Service (IPS) and obtained a favorable order from the Central Administrative Tribunal (CAT) in 1991. The Union of India, the State of Orissa and other …

WORLD TANKER CARRIER CORPORATIONversusSNP SHIPPING SERVICES PVT. LTD. AND ORS.

1998 INSC 186Appeal(s) allowed

World Tanker Carrier Corp (WTCC), a Liberian company, owned the vessel New World which collided on the high seas with the Cyprus‑registered vessel YA Mawlaya, resulting in deaths and damages. Various claimants filed suits in the United States, while SNP Shipping Services (an Indian company) and Kara …

BOARD OF TRUSTEES, PORT OF MUMBAIversusINDIAN OIL CORPORATION

1998 INSC 181Appeal(s) allowed

The Port of Mumbai, acting as Board of Trustees, arrested the vessel M.V. Varuna belonging to Thakur Shipping Co. Ltd for non‑payment of anchorage and other port charges under Section 64 of the Major Port Trusts Act, 1963 and issued a notice of auction. The company was wound up in a company petition …

STATE OF ANDHRA PRADESHversusN. RADHAKISHAN

1998 INSC 175Dismissed

The respondent, an Assistant Town Planner, was charged under the 1963 Andhra Pradesh Civil Services (CCA) Rules for alleged involvement in unauthorized constructions, based on a 1987 anti‑corruption report. No substantive inquiry was conducted despite the appointment of several inquiry officers, and …

SEETHALAKSHMI AMMALversusMUTHUVENKATARAMA IYENGAR AND ANR.

1998 INSC 173Case Allowed

Gomathi Ammal, a Hindu female, died intestate. Her husband and only son had predeceased her, and the appellant, the widow of that pre‑deceased son, filed a suit for declaration of ownership of the deceased's properties. The High Court held that the appellant was not an heir because at the time of …

CALCUTTA CHROMOTYPE LTD.versusCOLLECTOR OF CENTRAL EXCISE, CALCUTTA

1998 INSC 166Appeal(s) allowed

Calcutta Chromotype Ltd., a manufacturer of playing cards, sold its entire output to its sole distributor, M/s Ganga Saran & Sons Pvt. Ltd. Both companies had common directors and their shares were held by members of the Sharma family. The Assistant Collector of Central Excise treated the …

GAURAV JAIN AND ANR.versusUNION OF INDIA AND ORS.

1998 INSC 160Case Allowed

Gaurav Jain filed a public‑interest writ under Article 32 seeking separate educational institutions and other relief for children of prostitutes. A two‑judge Division Bench (Ramaswamy J and Wadhwa J) delivered differing judgments: Ramaswamy J ordered the establishment of a committee and measures to …

CENTRAL BOARD OF DIRECT TAXES AND ORS.versusOBEROI HOTELS (INDIA) PVT. LTD.

1998 INSC 161Dismissed

Oberoi Hotels (India) Pvt. Ltd. entered into a comprehensive agreement with a Nepalese hotel enterprise to provide technical, professional and other services for operating the hotel. The company sought approval of the agreement under Section 80‑0 of the Income‑Tax Act, 1961, but the Central Board of …

THE COCA-COLA EXPORT CORPORATIONversusINCOME TAX OFFICER AND ANR.

1998 INSC 162Appeal(s) allowed

Coca‑Cola Export Corp., a wholly‑owned non‑resident subsidiary of the Coca‑Cola Company, claimed deductions for pro‑rated home‑office expenses and service charges paid in US dollars. The Income‑Tax Officer (ITO) disallowed portions of these deductions and later issued notices under Section 148 of …

COMMISSIONER OF INCOME-TAX, TAMIL NADUversusS. BALASUBRAMANIAN

1998 INSC 152Appeal(s) allowed

The assessee, a Hindu Undivided Family (HUF), was granted a development rebate under Sections 33 and 34 of the Income‑Tax Act for new machinery used in its business for assessment years 1960‑61 to 1965‑66. In 1967 a partial partition of the HUF allotted the machinery to two coparceners, who …

M/S LARSEN AND TOUBRO LTD.versusSTATE OF GUJARAT AND ORS.

1998 INSC 145Appeal(s) allowed

The Gujarat High Court set aside the acquisition of land in Surat for Larsen & Toubro Ltd.'s employee housing scheme, holding that the State had not complied with Rules 3 and 4 of the Land Acquisition (Companies) Rules, 1963 and that no notice under Section 9 of the Land Acquisition Act, 1894 had …

STATE OF ORISSA AND ANR.versusASWINI KUMAR DASH AND ORS. ETC.

1998 INSC 141Appeal(s) allowed

The respondents, teachers in aided non‑government colleges, sought to receive the revised University Grants Commission pay scales based on the State of Orissa's Resolution dated 6 October 1989, which covered all full‑time teachers in colleges covered or eligible under the direct‑payment scheme till …

BHARAT COMMERCE AND INDUSTRIES LTD.versusTHE COMMISSIONER OF INCOME TAX, CENTRAL-II

1998 INSC 134Dismissed

Bharat Commerce & Industries Ltd. appealed against the Commissioner of Income Tax, arguing that interest paid on delayed advance tax (under Sections 139 and 215) for AY 1972‑73 and interest paid on delayed tax under the Voluntary Disclosure of Income and Wealth Act, 1976 for AY 1977‑78 and 1978‑79 …

COIR BOARD, ERNAKULAM, COCHIN AND ANR.versusINDIRA DEVI P.S. AND ORS.

1998 INSC 131Dismissed

The Coir Board, a statutory body established under the Coir Industry Act, 1953, dismissed several temporary clerks and typists who claimed that their termination was governed by Chapter V‑A of the Industrial Disputes Act, 1947. The Kerala High Court held that the Board qualified as an "industry" …

M/S W.T. SUREN AND CO. LTDversusCOMMISSIONER OF INCOME TAX, BOMBAY

1998 INSC 111Appeal(s) allowed

W.T. Suren & Co. Ltd transferred its distribution unit to Rallis India Ltd, terminating the employment of the unit's staff. Employees were offered similar jobs with continuity of service; those who did not join received gratuity directly, while the assessee paid the gratuity due to those who joined …

UNION OF INDIA AND ORS.versusCAPT. A.P. BAJPAI

1998 INSC 109Appeal(s) allowed

Capt. A.P. Bajpai, an army officer, was tried by a General Court‑Martial (GCM) for theft of government property and for absenting himself without leave. The GCM acquitted him on the theft charge but convicted him on the absent‑without‑leave charge, sentencing him to forfeit three years' service and …

A.K. NAZEER SAHEB AND ORSversusA.P. PUBLIC SERVICE COMMISSION AND ORS.

1998 INSC 106Appeal(s) allowed

Three candidates were directly recruited as Assistant Directors of Sericulture under the Andhra Pradesh Industries Service Rules. Their appointments were challenged by senior Inspectors of Sericulture on the ground that the required number of permanent posts did not exist, arguing that 'substantive …

COMMISSIONER OF INCOME TAX, KARNATAKAversusM/S BEDI AND COMPANY PVT. LTD.

1998 INSC 98Dismissed

The assessee was assessed for AY 1960-61 and later a sum of Rs 32,58,500 was identified as a loan advanced for a paper‑mill project. The Income‑Tax Officer reopened the assessment and treated the amount as business income. The assessee’s appeals before the Appellate Assistant Commissioner and the …

HUNGERFORD INVESTMENT TRUST LTD.versusINCOME TAX OFFICERS AND ORS.

1998 INSC 96Dismissed

Hungerford Investment Trust Ltd., a Singapore‑registered non‑resident company owning 100% of the Indian firm Turner Morrison & Co., was deemed to have received dividends from the undistributed income of the Indian company under Section 23A of the pre‑1955 Income‑Tax Act, 1922. The Income‑Tax Officer …

M.H. DEVENDRAPPAversusTHE KARNATAKA STATE SMALL INDUSTRIES DEVELOPMENT CORPORATION

1998 INSC 97Dismissed

The appellant, an Assistant Manager of Karnataka State Small Industries Development Corporation and President of its Employees' Welfare Association, wrote a letter to the Governor alleging mismanagement and issued a press statement criticizing a senior official. The corporation charged him under …

V.A. RAMANversusK.V. JOHN AND ORS.

1998 INSC 89Appeal(s) allowed

The Kerala State Electricity Board required Junior Engineers and, under a 50-50 split between promotion and direct recruitment, invited applications for 10% departmental and 40% open‑market posts. Because of urgency, the Kerala Public Service Commission first selected departmental candidates and …

P. SUSEELA DEVIversusKERALA PUBLIC SERVICE COMMISSION AND ORS.

1998 INSC 90Appeal(s) allowed

P. Suseela Devi, appointed Assistant Grade‑II in the Kerala General Secretariat Service, was senior to respondents 2‑9 in the official seniority list. Promotion to Assistant Grade‑I is by seniority subject to fitness and requires completion of a two‑year probation. When vacancies arose, all were …

S. RAJENDRAversusUNION OF INDIA AND ORS.

1998 INSC 80Dismissed

The appellant, S. Rajendra, a regular Assistant Superintendent of Jails, was promoted on an ad‑hoc basis to Deputy Superintendent when a single vacancy reserved for a Scheduled Caste (SC) candidate could not be filled because the only SC candidate, respondent No.3, had not yet completed the required …

THE STATE OF MAHARASHTRAversusLABOUR LAW PRACTITIONERS ASSOCIATION AND ORS.

1998 INSC 81Dismissed

The Labour Law Practitioners' Association challenged a Maharashtra Government notification appointing two Assistant Commissioners of Labour as judges of Labour Courts, alleging violation of Article 234 of the Constitution. The Bombay High Court set aside the notification, holding that Labour Courts …

MUNICIPAL COUNCIL HATTAversusBHAGAT SINGH AND ORS.

1998 INSC 69Appeal(s) allowed

The Moharrirs/peons of Municipal Council Hatta filed an application under Section 22 of the Minimum Wages Act, 1948 seeking overtime pay for four extra hours worked daily during February‑March 1982‑83. The Labour Court allowed the application, but the High Court dismissed the Municipal Council's …

UNION OF INDIAversusSHRI RATI PAL SAROJ AND ANR.

1998 INSC 62Appeal(s) allowed

Rati Pal Saroj, an Under Secretary of the UPSC, was offered an IAS appointment which he accepted but could not join as a probationer because he was not relieved from his previous post. A CBI FIR later alleged his involvement in a conspiracy to tamper with his examination answer sheets. The …

K.K. MODIversusK.N. MODI AND ORS.

1998 INSC 63Disposed off

The dispute arose between two branches of the Modi family over the division of assets and companies following a 1989 Memorandum of Understanding (MOU). Clause 9 of the MOU referred any implementation disputes to the Chairman of the Industrial Finance Corporation of India (IFCI), whose decision was …

S. RM. M.CT. M. TIRUPPANI TRUSTversusTHE COMMISSIONER OF INCOME TAX

1998 INSC 65Appeal(s) allowed

The S.R.M.M.CT.M. Tiruppani Trust, a charitable trust for temple repairs and related activities, resolved in 1963 to accumulate its income for ten years and filed Form 10 under Section 11(2) of the Income‑Tax Act. In the assessment year 1970‑71 it realised Rs 8 lakhs from an advance to a firm, which …

COMMISSIONER OF INCOME TAX, DELHI (CENTRAL-I)versusM/S. CONTINENTAL CONSTRUCTION LTD.

1998 INSC 56Dismissed

Continental Construction Ltd., a civil construction company with overseas projects, paid remuneration to its directors, some of whom were also employees posted outside India. The Income‑Tax Officer disallowed amounts exceeding the Rs 72,000 ceiling per director under sections 40(c) and 40A(5)(a) of …

STATE OF ANDHRA PRADESHversusV.C. SUBBARAYUDU AND ORS.

1998 INSC 37Appeal(s) allowed

The Government of Andhra Pradesh issued G.O. No. 304 (Nov. 20, 1979) to take over the Divisional Accountants cadre from the Accountant‑General’s administrative control and to create a separate state cadre, offering those officers the option to join the state service. Accountants of the Subordinate …

UNITED BANK OF INDIAversusMEENAKSHI SUNDARAM AND ORS.

1998 INSC 32Appeal(s) allowed

The Central Government issued a 1983 communication granting special ad‑hoc incentives to public‑sector bank officers transferred to hardship postings in the North‑Eastern region. United Bank of India adopted these incentives for transferred (promotee) officers but excluded directly recruited …

INDIA RAILWAY SAS STAFF ASSOCIATION AND ORS.versusUNION OF INDIA AND ORS.

1998 INSC 33Dismissed

The India Railway SAS Staff Association (appellants), comprising Section Officers and Travelling Inspectors of Accounts, were placed in the revised pay scale of Rs.2000-3200 following the Fourth Central Pay Commission but were not accorded Group ‘B’ status, unlike their counterparts in the CAG and …

TRANSOCEAN SHIPPING AGENCY (P) LTD.versusBLACK SEA SHIPPING AND ORS.

1998 INSC 19Dismissed

Transocean Shipping Agency (P) Ltd appealed against a Bombay High Court decree that enforced a foreign arbitral award made in Ukraine in favour of Black Sea Shipping Co. The dispute arose from a 1992 agency agreement containing an arbitration clause referring disputes to the country where the owners …

STATE OF MADHYA PRADESH AND ORS.versusM.P. OJHA AND ANR.

1997 INSC 828Dismissed

The case concerned whether a retired government servant, receiving a modest pension, could be deemed "wholly dependent" on his son under Rule 2(d) of the M.P. Civil Services (Medical Attendance) Rules, 1958, thereby allowing the son to claim reimbursement of medical expenses incurred for the …

STATE OF M.P.versusMANGI LAL SHARMA

1997 INSC 829Appeal(s) allowed

Mangi Lal Sharma, a clerk in the Madhya Pradesh Irrigation Department, resigned after a denied transfer request and remained absent for over five years, leading the State to treat his service as terminated. He filed a suit under Section 34 of the Specific Relief Act for a declaration that he …

SIYA RAMversusUNION OF INDIA AND. ORS.

1997 INSC 820Dismissed

The appellant, Siya Ram, challenged his non‑selection for the post of Chief Personnel Inspector in the Indian Railways, alleging bias by a member of the Selection Board and contending that the selection based solely on a viva voce, with a high weightage, was arbitrary. The Central Administrative …

STATE BANK OF INDIAversusC.B. DHALL

1997 INSC 810Disposed off

The case concerned C.B. Dhall, a former Imperial Bank of India employee who, after being promoted to Head Cashier in the State Bank of India (SBI), was extended in service beyond his normal retirement date and later faced disciplinary charges. While the enquiry was pending, the SBI’s Central Board …

THE COMMISSIONER, AGRA AND ORS.versusROHTAS SINGH AND ORS.

1997 INSC 799Appeal(s) allowed

The Allahabad High Court held that Government Advocates and Standing Counsel could not represent State officials in contempt of court proceedings and that any litigation costs must be borne personally by the officials. The State appealed, arguing that it could authorize its law officers to appear …

UNION OF INDIA AND OTHERSversusIC-14827 MAJOR A. HUSSAIN

1997 INSC 793Appeal(s) allowed

Major A. Hussain, a serving army officer, was charged with loss of classified documents and was tried before a General Court Martial (GCM). He was provided copies of relevant documents, an advance to engage a civilian defence counsel, and several defending officers were offered, which he declined. …

MAHESH KUMAR MUDGILversusSTATE OF UTTAR PRADESH AND ORS.

1997 INSC 794Dismissed

The appellant, Mahesh Kumar Mudgil, was appointed to a temporary Officer on Special Duty (Special Component Plan) post created in 1980 under the Harijan & Social Welfare Department with the Finance Department's concurrence. The post was extended several times but was abolished in May 1984 by an …

ARUN TEWARI AND ORS.versusZILA MANSAVI SHIKSHAK SANGH AND ORS. ETC.

1997 INSC 773Appeal(s) allowed

The Supreme Court examined amendments made by the Madhya Pradesh Government to the 1973 Recruitment Rules for Assistant Teachers under the Operation Black Board Scheme, which introduced a proviso allowing the State to prescribe selection criteria and procedures in specific circumstances and set the …

ASHWINI KUMAR SHARMAversusYADUVANSH SINGH AND ORS.

1997 INSC 774Appeal(s) allowed

In the 1995 Vidhan Sabha election for the Lakhisarai constituency, respondent No.1 was declared elected. The appellant, Ashwini Kumar Sharma, filed an election petition under Section 100(1)(d)(iii) of the Representation of the People Act, 1951, alleging irregularities and illegalities in the …

U.P. COOPERATIVE FEDERATION LTD.versusRAM SINGH YADAV AND ORS.

1997 INSC 775Appeal(s) allowed

The U.P. Cooperative Federation Ltd. terminated Ram Singh Yadav's employment on the ground of wilful absence without giving the one‑month notice or salary in lieu required by Regulation 19 of the U.P. Cooperative Societies Employees' Service Regulations, 1975, and without conducting a disciplinary …

STATE OF U.P AND ANR.versusJOGENDRA SINGH AND ANR.

1997 INSC 769Appeal(s) allowed

The respondent, a Senior Prosecuting Officer, voluntarily retired on 12‑April‑1976 under Uttar Pradesh Fundamental Rule 56 and received pension and gratuity. In 1976 the Rule was amended by adding a proviso that allowed an additional five years of service to be counted for pension and gratuity for …

K.S. YADAVversusSTATE OF HIMACHAL PRADESH AND ORS.

1997 INSC 770Dismissed

The appeal concerned the promotion of Headmasters/Headmistresses of Government High Schools and lecturers of Higher Secondary Schools to Class‑II (Gazetted) posts under the Himachal Pradesh Recruitment and Promotion Rules of 1980. The appellant argued that 234 Class‑II posts already occupied by …

UNION OF INDIA AND ANR.versusDR. S. BALIAR SINGH

1997 INSC 757Appeal(s) allowed

Dr. S. Bialiar Singh, after serving ten years with the Government of Orissa and three years with the Government of Chandigarh, joined the Central Railway in December 1975 and voluntarily retired in April 1987 after 11 years, 2 months and 9 days of railway service. Although his prior government …

SRI SURYANARAYAN SAHU ETC.versusTHE COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH

1997 INSC 758Case Partly allowed

The appellant S. Suryanarayan Sahu, a senior draughtsman in CSIR, challenged the pay scales applied to senior draughtsmen, seeking the higher scale of Rs.425‑700 from 1974 and the Rs.550‑900 scale from 1974, alleging violation of the constitutional principle of equal pay for equal work. The Central …

GOVERNMENT OF TAMIL NADU AND ANR.versusS. ARUMUGHAM AND ORS.

1997 INSC 748Appeal(s) allowed

The Government of Tamil Nadu issued G.O.Ms. No.145 (Revenue) on 29 January 1990 increasing the quota of Superintendents eligible for deputation as Tehsildars, a step contested by the Superintendents. The Tamil Nadu Administrative Tribunal set aside the order and directed the government to revise its …

STATE OF U.PversusNAND KUMAR AGGARWAL AND ORS.

1997 INSC 741Appeal(s) allowed

The State of Uttar Pradesh appealed against a High Court order that exempted a parcel of land in village Para, Lucknow, from the ceiling provisions of the Urban Land (Ceiling & Regulations) Act, 1976 on the ground that it was agricultural land. The land was entered as agricultural in revenue records …

BALWINDER KAURversusHARDEEP SINGH

1997 INSC 738Appeal(s) allowed

Balwinder Kaur married Hardeep Singh under Sikh rites and later filed a divorce petition on grounds of cruelty and desertion. The husband did not appear, and the District Judge granted an ex‑parte decree of divorce. The wife appealed to the High Court under Section 28 of the Hindu Marriage Act, …

UNION OF INDIA AND ORS.versusL.V. VISHWANATHAN ETC.

1997 INSC 724Appeal(s) allowed

The respondents, Audit Officers on deputation, retired after 1 January 1986 but before the Office Memorandum of 14 April 1987 came into force. The Memorandum, issued to implement the Fourth Pay Commission recommendations, retrospectively redefined "emoluments" for pension calculation as basic pay …

M/S. PEPSI FOODS LTD. AND ANR.versusSPECIAL JUDICIAL MAGISTRATE AND ORS.

1997 INSC 714Appeal(s) allowed

The consumer complained that a bottle of "Lehar Pepsi" he purchased was adulterated with fungus, leading to a complaint under the Prevention of Food Adulteration Act, 1954. The Special Judicial Magistrate summoned Pepsi Foods Ltd. and others, but the appellants challenged the summons in the High …

STATE OF BIHAR AND ORS.versusM/S SHEO NARAIN JAISWAL PVT. LTD. AND ORS.

1997 INSC 711Dismissed

The State of Bihar, under the Bihar Excise Act, 1915, granted exclusive privilege for manufacturing and wholesale supply of country liquor in nine zones through a tender process. Unlike earlier practice of awarding a single contractor per zone, the 1995 tender allowed more than one contractor in …

SMT, VIJAY GOEL AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 701Appeal(s) allowed

The appellants, who had been appointed as Lower Division Clerks (LDCs) in Safdarjung Hospital on an ad‑hoc basis, were later regularised under the Safdarjung Hospital (Class III Posts) Recruitment Rules, 1973. After several years of service, the Government, relying on a memo that the regularisation …

BANARSI DASversusBRIG MAHARAJA SUKHJIT SINGH AND ANR.

1997 INSC 702Dismissed

Banarsi Das filed a suit for permanent injunction claiming peaceful cultivation of land he alleged to have inherited, while the defendants asserted ownership and produced documentary evidence of a sale deed. The trial court dismissed the suit; the District Judge reversed that decision and decreed in …

ASSOCIATE BANKS OFFICERS ASSOCIATIONversusSTATE BANK OF INDIA AND ORS.

1997 INSC 692Dismissed

The Associate Banks Officers Association, representing officers of the State Bank of India’s subsidiary banks, filed a writ petition seeking parity in terminal benefits, medical benefits and extra increments with employees of the State Bank of India (SBI). SBI contended that, under Section 50(2) of …

STATE OF PUNJAB AND ORS.versusINDER SINGH AND ORS.

1997 INSC 687Appeal(s) allowed

The State of Punjab ordered the repatriation of constables who had been deputed to the Criminal Investigation Department (CID) for many years, directing them to return to their parent police departments as constables or head constables. The respondents challenged the order, arguing that they should …

GRAM PANCHAYAT KAKRANversusADDL. DIRECTOR OF CONSOLIDATION AND ANR.

1997 INSC 688Appeal(s) allowed

The Gram Panchayat of village Kakran challenged an order of the Additional Director of Consolidation dated 23 May 1996, which granted a portion of Bachat land to the second respondent after he filed an application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of …

THE STATE BANK OF INDIAversusA.N. GUPTA AND ORS.

1997 INSC 681Dismissed

The Supreme Court examined two appeals by the State Bank of India against Delhi High Court orders directing payment of pension and provident fund to former assistants A.N. Gupta and Gulati, who had retired on superannuation. The Bank argued that under Rule 11 of the Imperial Bank of India Pension …

RAO SOMASHEKARA AND ORS.versusSTATE OF KARNATAKA AND ANR.

1997 INSC 657Dismissed

The petitioners, secondary school teachers in Karnataka who were originally allotted from the former State of Hyderabad, claimed that the pay‑scale disparity persisting from 1 January 1957 to 31 December 1969 violated Article 14 of the Constitution. The State had, based on the Justice Tukol …

MIS FARIDABAD CT. SCAN CENTREversusD.G. HEALTH SERVICES AND ORS.

1997 INSC 655Dismissed

The Faridabad CT Scan Centre, a private diagnostic centre not attached to any hospital, sought exemption from customs duty on imported hospital equipment under Notification No. 64188 dated 1‑3‑1988. It argued that similar centres had been granted the exemption and that denial violated Article 14 of …

DAYARAM DAYALversusSTATE OF M.P. AND ANR.

1997 INSC 628Appeal(s) allowed

Dayaram Dayal was appointed Civil Judge, Class II in Madhya Pradesh in 1985 with a two‑year probation that could be extended for a further two years, making a maximum probation of four years under Rule 24 of the M.P. Judicial Services Rules, 1955. After several adverse performance reports, …

SMT. JASBIR KAUR SEHGALversusTHE DISTRICT JUDGE DEHRADUN AND ORS.

1997 INSC 620Appeal(s) allowed

The wife, Jasbir Kaur Sehg al, filed for divorce and, having no income, was supporting her eldest unmarried daughter. She applied for maintenance pendente lite under Section 24 of the Hindu Marriage Act, which the High Court had enhanced to Rs 1500 per month. The Supreme Court examined whether …

SURINDER SINGH AND ORS. ETC.versusSTATE OF PUNJAB AND ANR. ETC.

1997 INSC 621Dismissed

The Punjab government advertised 2,461 teacher vacancies in 1992 but, during the selection process, 7,737 posts became vacant and were filled by candidates who had applied for the advertised posts. The High Court quashed the excess appointments, limiting selections to the advertised number, and the …

UNION OF INDIA AND ANOTHERversusG. GANAYUTHAM (DEAD) BY LRS.

1997 INSC 622Appeal(s) allowed

The respondent, a Central Excise Superintendent, was found guilty of several charges in a departmental inquiry and, under Rule 9 of the Central Civil Services (Pension) Rules, 1972, had 50% of his pension and 50% of his gratuity withheld. The Central Administrative Tribunal held that Rule 9 did not …

PATNA UNIVERSITY AND ANR.versusDR. (MRS.) AMITA TIWARI

1997 INSC 623Appeal(s) allowed

The respondent, Amita Tiwari, was appointed on an ad‑hoc basis as a lecturer in Home Science at Patna Women's College despite not possessing the post‑graduate qualification in Home Science required by the university statutes, though she held an M.A. in Sociology, an allied subject. The Chancellor …

THE GOVERNMENT OF ANDHRA PRADESH AND ORS.versusSYED YOUSUDDIN AHMED

1997 INSC 605Appeal(s) allowed

Syed Yousuddin Ahmed, a Deputy Executive Engineer of the Andhra Pradesh Government, claimed that four incentive increments (personal pay) he received should be counted as part of his emoluments for pension calculation. The Andhra Pradesh Administrative Tribunal held that the incentive increments …

UNION OF INDIAversusBIJAN GHOSH AND ORS.

1997 INSC 590Disposed off

A press communique issued from Rashtrapati Bhawan on 23 January 1992 announced that the President would confer the Bharat Ratna posthumously on Subhash Chandra Bose. Petitioners filed a writ petition seeking recall, cancellation and revocation of the award, and also demanded information on Bose's …

UNION OF INDIAversusK.N. SIVADAS AND ORS.

1997 INSC 587Appeal(s) allowed

The case concerned members of the Reserved Trained Pool (RTP) of the Posts and Telegraphs Department who, after being absorbed as regular employees, claimed the benefits granted to casual labourers under the 1989 Casual Labourers (Grant of Temporary Status and Regularisation) Scheme. The Central …

STATE OF RAJASTHANversusHITENDRA KUMAR BHATT

1997 INSC 589Appeal(s) allowed

The Rajasthan State advertised a post in 1992 requiring a technical qualification (B.S.T.C. or equivalent) to be possessed by the application deadline of 29 June 1992. Hitendra Kumar Bhatt applied but did not have the qualification on that date; his results were declared only on 6 August 1992. He …

P.S. RAMAMOHANA RAOversusA.P. AGRICULTURAL UNIVERSITY AND ANR.

1997 INSC 586Appeal(s) allowed

P.S. Ramamohana Rao, employed as Physical Director at Bapatla Agricultural College and later transferred to Andhra Pradesh Agricultural University, was ordered to retire at age 58. He challenged the order, contending that under Section 2(n) of the Andhra Pradesh Act 24 of 1963 a Physical Director is …

MOHAN DUTT SHARMAversusCHIEF JUSTICE, PUNJAB AND HARYANA HIGH COURT

1997 INSC 583Disposed off

M.D. Sharma, a clerk who rose to Assistant and Senior Assistant in the Punjab and Haryana High Court, qualified in the Subordinate Accounts Services examination and was promoted on an ad‑hoc basis to Superintendent Grade‑II and later to Superintendent Grade‑I in newly created posts. Both promotions …

N.S.M. AHMED JAMALIA BEEVIversusD.N. SHAH

1997 INSC 584Appeal(s) allowed

The appellant, a landlady, leased premises to the respondent with permission to sub‑let. The respondent defaulted on rent from September 1990 and, despite notices and multiple proceedings, failed to pay any arrears. The Rent Controller and the Appellate Authority ordered eviction and directed the …

K. AJIT BABU AND OTHERS.versusUNION OF INDIA AND ORS.

1997 INSC 575Appeal(s) allowed

The appellants, senior officers of the Chief Controller of Imports and Exports, challenged a seniority list prepared on the basis of a 1987 Central Administrative Tribunal (CAT) judgment that affected their promotion prospects. After review petitions were rejected, they filed an application under …

PUNJAB NATIONAL BANKversusK.C. CHOPRA AND ANR.

1997 INSC 572Appeal(s) allowed

The respondent, originally an Assistant Director in a government organization, was deputed to Punjab National Bank (PNB) on 10 March 1970 and absorbed permanently on 10 March 1972. PNB's 1979 Officers Service Regulations stipulated that officers recruited before 19 July 1969 retire at 60, while …

SH. M.V. SRINIVASA AND ORS. ETC.versusSTATE OF KARNATAKA AND ORS.

1997 INSC 567Dismissed

The Karnataka Government had initially granted project staff free quarters, electricity and water, extending these amenities even to those posted at taluk headquarters. A later government order of 20 August 1987 sought to withdraw these amenities, initially claiming retrospective effect from 19 …

AHMEDABAD MUNICIPAL CORPORATIONversusVIRENDRA KUMAR JAYANTIBHAI PATEL

1997 INSC 568Appeal(s) allowed

The Ahmedabad Municipal Corporation regularly engaged Dr. V. K. Jayantibhai Patel on a daily fee basis to cover for its dental surgeons on leave. When permanent dental surgeon posts were advertised, Patel applied but was not selected, and he claimed permanent status based on 1,034 days of service, …

I.K. MISHRAversusUNION OF INDIA AND ORS.

[1997] SUPP. 2 S.C.R. 260Dismissed

The appellant I.K. Mishra, a senior auditor, was compulsorily retired under Rule 48(b) of the C.C.S. Pension Rules, 1972. He challenged the order alleging arbitrariness, that his passing of the S.A.S. Part II examination erased the effect of adverse entries in his confidential report, and that the …

DR. AMI LAL BHATversusSTATE OF RAJASTHAN AND ORS.

1997 INSC 537Dismissed

The Supreme Court considered appeals by candidates who challenged the Rajasthan service rules fixing the cut‑off date for determining the maximum age of applicants as 1st January of the year following the application. The petitioners argued that the cut‑off should be the last date for receipt of …

SHRI CHAMBA SINGHversusSTATE OF PUNJAB AND ORS.

1997 INSC 396Dismissed

Shri Chamba Singh, a police officer who had served since 1961, was ordered to retire prematurely on public interest grounds under Rule 3(i)(a) of the Punjab Civil Services (Premature Retirement) Rules, 1975. He had earlier been punished under the Punjab Police Rules, 1934, with forfeiture of three …

UNION OF INDIA AND ANR.versusT. SUNDARARAMAN AND ORS.

1997 INSC 397Appeal(s) allowed

The Union Public Service Commission (UPSC) advertised three Assistant Professor of Medicine posts requiring a minimum of three years teaching experience. Out of 37 applications, UPSC shortlisted 20 candidates for interview by applying a higher criterion of at least four years’ experience, as …

SHRI DINESH TRIVEDI, M.P. AND ORS.versusUNION OF INDIA AND ORS.

1997 INSC 303Disposed off

A writ petition filed by MP Dinesh Trivedi and NGOs under Article 32 sought full disclosure of the Vohra Committee Report, its supporting annexures, and the names of officials implicated, and challenged the constitutionality of Section 5 of the Official Secrets Act, 1923. The Court held that the …

RADHA KISHUNversusUNION OF INDIA AND ORS.

1997 INSC 208Dismissed

The petitioner, a tele‑communications officer, was required to retire on 31 May 1991 upon attaining the age of superannuation but continued in service until 31 May 1994. The Government sought to recover salary and allowances paid to him for the period after his statutory retirement date, and the …

SH. RABINDRANATH MUKHOPADHYAY AND ANR.versusCOAL INDIA LTD. AND ANR.

1997 INSC 209Dismissed

Coal India Ltd. introduced a resolution on 14 September 1996 allowing executive employees to either avail the Leave Travel Concession (LTC) or encash it without producing a travel certificate, effective from 1 January 1997. The petitioners contended that fixing this date was arbitrary and …

RAE BARELI KSHETRIYA GRAMIN BANKversusBHOLA NATH SINGH AND ORS.

1997 INSC 210Appeal(s) allowed

The respondent, a cashier‑cum‑clerk of Rae Bareli Kshetriya Gramin Bank, was charged with forging signatures and fraudulently withdrawing Rs 28,500. An ex‑parte inquiry found him guilty, a show‑cause notice was issued, and the disciplinary authority dismissed him; the dismissal was affirmed by the …

KRISHNAKANT RAGHUNATH BIBHAVNEKARversusSTATE OF MAHARASHTRA AND ORS.

1997 INSC 211Dismissed

The appellant, a compositor in a Government of India printing press, was charged under Section 409 of the IPC and suspended pending trial, receiving only a subsistence allowance. After being acquitted, he was reinstated but denied back wages, increments, and pension benefits that he claimed as …

H.R. RAMACHANDRAIAH AND ANR.versusSTATE OF KARNATAKA AND ORS.

1997 INSC 212Dismissed

The petitioners, appointed as Laboratory Attenders in the Karnataka Horticulture Department, claimed promotion to the post of Field Assistant by treating themselves as equivalent to Head Gardeners under the Karnataka Horticulture (Department) Recruitment Rules, 1974. The Karnataka Administrative …

FOOD CORPORATION OF INDIAversusSTATE OF KERALA

1997 INSC 73Dismissed

The Food Corporation of India (FCI) purchased food grains from the State of Uttar Pradesh under levy orders issued pursuant to Section 3 of the Essential Commodities Act, 1955, and also distributed fertilizers under the Fertilizer (Control) Order, 1957. The State sought to levy purchase tax and a 5% …

HIKMAT ALI KHANversusISHWAR PRASAD ARYA AND ORS.

1997 INSC 76Appeal(s) allowed

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

PHOOIL CHAND GUPTAversusSTATE OF ANDHRA PRADESH

1997 INSC 46

M/s. Phool Chand Gupta, a dealer in oilseeds, claimed exemption under Section 6(2) of the Central Sales Tax Act for the sale of Mohwa seeds purchased in transit and sold to dealers outside Andhra Pradesh. The Deputy Commissioner withdrew the exemption because the dealer had not furnished Form C, a …

STATE OF ORISSA AND ORS.versusMIS. KRISHNA STORES

1997 INSC 47Appeal(s) allowed

The State of Orissa appealed against the High Court's order quashing the Commissioner of Sales Tax's revision of assessment orders for the assessment years 1969-70 and 1970-71 against Mis. Krishna Stores. The assessments had been reassessed under Sections 12(4) and 12(8) of the Orissa Sales Tax Act, …

BIHAR DISTILLERY AND ANR.versusUNION OF INDIA AND ORS.

1997 INSC 43Disposed off

The petitioners, a Bihar distillery licensed under the Bihar Excise Act to manufacture industrial alcohol (rectified spirit), challenged the State’s notice of cancellation of its licence, contending that licensing and control of such distilleries fall exclusively within the Union’s competence under …

MALKHAN SINGHversusUNION OF INDIA AND ORS.

1997 INSC 8Disposed off

The petitioner, a practising advocate belonging to a Scheduled Caste, applied for an Additional District & Sessions Judge vacancy in 1985, which was reserved for a Scheduled Tribe (ST) candidate. No suitable ST candidate was available, and the vacancy remained unfilled while three Scheduled Caste …

CHEMICAL AND FIBRES OF INDIA LTD.versusUNION OF INDIA AND ORS.

1997 INSC 9Dismissed

The appellant, Chemical and Fibres of India Ltd., manufactured nylon yarn and, in the process, produced polymer chips (Nylon 6 chips) from caprolactam monomer. The issue was whether these polymer chips fell within Item 15A of Schedule I to the Central Excise and Salt Act, 1944, as it stood between …

S.K. ARSED ALI AND ANR.versusS.K. FAZLE HAKANI

1996 INSC 1356Disposed off

The Supreme Court examined a petition for pre-emption filed under Section 8 of the West Bengal Land Reforms Act, 1959, concerning two sale deeds where the land purchased was described as a 'tank' (Matsyasheho Pushkarini) or 'doba'. The respondents claimed co‑sharer status to invoke pre‑emptive …

STATE OF HARYANAversusDHARAMPAL, WATER PUMP OPERATOR AND ORS.

1996 INSC 1306Appeal(s) allowed

The State of Haryana appealed against orders of the Punjab and Haryana High Court that had granted regularisation and equal‑pay relief to a group of casual water‑pump operators led by Dharampal. The workers claimed that, on the principle of equal pay for equal work, they were entitled to be …

INDIRA SAWHNEYversusUNION OF INDIA AND ORS.

1996 INSC 1273Disposed off

The Supreme Court revisited the implementation of its earlier Mandal judgment, which required the exclusion of socially advanced persons (the "creamy layer") from reservations for Other Backward Classes (OBCs). The State of Kerala had repeatedly failed to comply with the Court's directions despite …

KRISHI UTPADAN MANDI SAMITIversusASHOK KUMAR DINESH CHANDRA AND ANR. ETC. ETC.

1996 INSC 968Appeal(s) allowed

The writ petitioners, traders in a market, claimed that the Krishi Utpadan Mandi Samiti was not providing any services and therefore could not charge a market fee. The Mandi Samiti counter‑claimed that it rendered several services such as electricity, water, sanitation, tents, and was planning …

GANPATI BAYAJI PATILversusSBRIDHAR BABAJI VIBHUTE (D) BY LRS. AND ORS.

1996 INSC 922Appeal(s) allowed

The appellant, a tenant, occupied the land on Tillers' Day (1‑April‑1957) when the landlord was a joint family. After a partition on 31‑March‑1958, the respondent obtained a share and applied for a Section 88C exemption certificate on 14‑April‑1959 without notifying the tenant. The respondent later …

JOTE SINGH (DEAD) BY LRS.versusRAM DAS MAGTO AND ORS.

1996 INSC 923Dismissed

Smt. Udhwantia, a limited owner, gifted her estate to her grandson Ramdas Mahto, who later sold the property twice and it was eventually sold at a court‑ordered auction. Ram Deiya sued to recover the property, and the trial court and lower appellate courts decreed in her favour. After her death, her …

M. GOVINDARAJUversusK. MUNISAMI GOUNDER (D) AND ORS.

1996 INSC 880Appeal(s) allowed

The Supreme Court heard the appeal of M. Govindaraju, who sought a one‑seventh share in his father's joint Hindu family property. Govindaraju was born to Pappammal, who had earlier been married to Koala Gounder but left his house in 1942‑43 and thereafter lived with Munisami Gounder, the father of …

COLLECTOR OF CENTRAL EXCISE, BARODAversusMIS. M.M. KHAMBHATWALA

1996 INSC 660Dismissed

The respondents, M.M. Khambhatwala, manufactured certain excisable goods in their factory and claimed exemption under Notification 80/80-CE. They also obtained agarbatti, amla podi and dhup from household ladies who worked outside the factory without power, for which the respondents paid piece‑rate …

PURNA CHANDRA NANDAversusSTATE OF ORISSA AND ANR.

1996 INSC 606Dismissed

Purna Chandra Nanda, a Veterinary Extension Officer, was posted as Dairy Overseer in 1969 and claimed promotion to Dairy Supervisor, subsequently serving as Farm Manager. He sought equal pay for equal work, arguing that the Farm Manager post, being interchangeable, entitled him to the pay scale of a …

HAL EMPLOYEES UNIONversusTHE PRESIDING OFFICER AND ANR.

1996 INSC 607

The HAL Employees Union appealed against a lock-out imposed by the employer from 4/5 June 1978 to 18 June 1978, during which wages were deducted. The Industrial Tribunal had held the lock-out to be both legal and justified, and therefore no wage claim arose. The appellant argued that the strike …

SH. N.K. SHARMAversusTHE PRESIDING OFFICER LABOUR COURT, SHIMLA AND ORS.

1996 INSC 608Dismissed

The appellant, initially appointed as a Store Munshi in a work‑charged establishment, was later regularised and promoted to Store Keeper in the regular cadre. A rationalisation scheme dated 5 September 1988 was introduced to align pay scales and promotional avenues of work‑charged employees with …

RAMESH SINGH AND ANR.versusCINTA DEVI AND ORS.

1996 INSC 307Appeal(s) allowed

An accident on 27 May 1988 gave rise to a compensation claim under the Motor Vehicles Act, 1939, which was filed on 23 December 1988. The Motor Vehicles Act, 1988 came into force on 1 July 1989, repealing the 1939 Act, but the claim was finally decided on 29 June 1992, creating a right to appeal …

GOWRISHANKAR AND ANR.versusJOSHI AMBA SHANKAR FAMILY TRUST AND ORS.

1996 INSC 294Appeal(s) allowed

The Joshi Ambashankar Family Trust, a charitable trust, sought High Court permission to sell a property after obtaining a modification order allowing sale with court approval and 3/4 trustee concurrence. While the trustees received an offer of Rs.9 lakh from a group of purchasers, the appellants …

KARUMANDA GOUNDERversusMUTHUSWAMY GOUNDER AND ORS.

1996 INSC 47Dismissed

Karumanda Gounder appealed against a High Court order that upheld the sale of a parcel of land originally gifted by his brother Komaraswamy Gounder to a third party and then sold to Muthuswamy Gounder. Karumanda claimed the land was joint family property and that his brother, being a "mild lunatic," …