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347 judgments · newest first · showing 201–347

BALDEV SINGHversusSURINDER MOHAN SHARMA AND ORS

2002 INSC 458Disposed off

The case arose from a property dispute in which the appellant, Baldev Singh, admitted to having two wives. The first wife, Sarbjit Kaur, sued him for dissolution of marriage and obtained a decree declaring the marriage dissolved. The first respondent, S.M. Sharma, who had complained to the …

M/S. RAYALSEEMA PAPER MILLS LTD. AND ANR.versusGOVERNMENT OF A.P. AND ORS.

2002 INSC 442Dismissed

The Andhra Pradesh Government entered into long‑term supply agreements with paper mills and fixed royalty rates for forest produce, initially at fixed amounts and later by a sliding scale based on replacement cost. The mills challenged the increase from Rs.60 to Rs.210 per tonne and the use of a …

NATIONAL INSURANCE CO. LTD., CHANDIGARHversusNICOLLETTA ROHTAGI AND ORS.

2002 INSC 389Disposed off

The Supreme Court examined whether a motor insurer can appeal a Motor Accidents Claims Tribunal award under Section 173 of the Motor Vehicles Act, 1988 when the insured has not filed an appeal. It held that an insurer’s right of appeal is limited to the statutory defences listed in Section 149(2) …

DELHI DEVELOPMENT AUTHORITYversusASHOK KUMAR BEHAL AND ORS.

2002 INSC 342Disposed off

The Delhi Development Authority (DDA) revised the land rates for its 1979 Registration Scheme on New Pattern in 1990, leading to higher flat prices. Several allottees filed writ petitions challenging the revision as arbitrary and illegal, resulting in conflicting judgments from two Division Benches …

INDIAN NATIONAL CONGRESS (I)versusINSTITUTE OF SOCIAL WELFARE AND ORS.

2002 INSC 278Case Partly allowed

The Supreme Court examined whether the Election Commission of India (ECI) could de‑register a political party under Section 29A of the Representation of the People Act, 1951 when the party called a hartal that involved force, intimidation or coercion, allegedly violating the Constitution. The Kerala …

P. KLRAN KUMARversusA.S. KHADAR AND ORS.

2002 INSC 258Appeal(s) allowed

P. Kiran Kumar, a minor, claimed compensation under the Motor Vehicles Act after a road accident. The Motor Accident Claims Tribunal awarded a partial sum ex parte because the respondents withdrew their defence. The respondents appealed the award, but the High Court dismissed the appeal as barred by …

STATE OF U.P. AND ORS.versusDAULAT RAM GUPTA

2002 INSC 173Dismissed

The State of Uttar Pradesh issued executive orders refusing to renew licences of petty diesel dealers whose premises were within five kilometres of a government‑run retail outlet. Daulat Ram Gupta, whose licence was thus refused, challenged the order. The Allahabad High Court set aside the order and …

HOTEL SEA GULLversusSTATE OF WEST BENGAL AND ORS.

2002 INSC 151Dismissed

The appellant Hotel Sea Gull obtained a Panchayat sanction to construct a five‑storey hotel and built the ground and first floors. It then erected a second floor without obtaining permission under Section 46 of the West Bengal Town and Country (Planning and Development) Act, 1979. The planning …

STATE OF U.P. AND ORS.versusVIJAY KUMAR JAIN

2002 INSC 142Disposed off

V.K. Jain, an Assistant Engineer promoted to Executive Engineer in Uttar Pradesh, was compulsorily retired under U.P. Fundamental Rule 56(c) after a Screening Committee considered four adverse entries in his character roll, including a withholding of integrity. The High Court set aside the …

RAJ KUMAR JOHRI AND ANR.versusSTTE OF M.P. AND ORS.

2002 INSC 127Dismissed

The Supreme Court examined the acquisition of over 600 hectares of land in Ujjain, Madhya Pradesh, where a notification under Section 4(1) of the Land Acquisition Act was re‑issued on 21 August 1985, a declaration under Section 6 on 25 July 1986 and an award on 22 July 1988. The High Court had …

H.S. JAYANNA AND BROS. AND ORS.versusSTATE OF KARNATAKA AND ORS.

2002 INSC 124Dismissed

The appellants, rice millers and commission agents, challenged the levy of market fee on rice imposed by Marketing Committees under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, arguing that the Karnataka Rice Procurement (Levy) Order, 1984 (a Control Order issued under the …

SAURASHTRA OIL MILLS ASSOCIATION, GUJARATversusSTATE OF GUJARAT AND ANR.

2002 INSC 89Dismissed

The Saurashtra Oil Mills Association challenged Gujarat's 2000 order fixing stock limits for edible oilseeds and edible oils, arguing that the Central Government's 1997 amendment deleting these items from its 1977 Storage Control Order implied repeal of the State's 1981 order and created a …

BALDEV SINGH GANDHIversusSTATE OF PUNJAB AND ORS .

2002 INSC 81Appeal(s) allowed

Baldev Singh Gandhi, an elected municipal councillor, publicly criticised the house‑tax assessment list prepared by the Municipal Council of Jandiala Guru, using pamphlets, loud‑speakers and inviting taxpayers to discuss grievances. The Punjab State Government claimed his actions caused difficulty …

WEST U.P. SUGAR MILLS ASSOCIATION AND ORS.versusSTATE OF U.P. AND ORS.

2002 INSC 69Appeal(s) allowed

The West U.P. Sugar Mills Association and other sugar factories challenged a circular issued by the Uttar Pradesh Cane Commissioner that, after the expiry of a temporary amendment (Rule 49) prescribing a society commission of 2.69% of the minimum statutory cane price, the commission should revert to …

KASHIBEN BHIKABAI AND ORS.versusSPECIAL LAND ACQUISITION OFFICER AND ANR.

2002 INSC 67Case Partly allowed

The appellants, owners of land acquired under Section 4 of the Land Acquisition Act, 1894, challenged the compensation awarded by the Special Land Acquisition Officer. The Reference Court enhanced the compensation, granted a 30% statutory solatium under Section 23(2) and an additional amount under …

MOOL CHAND BAKHRU AND ANR.versusROHAN AND ORS.

2002 INSC 54Appeal(s) allowed

The appellants, owners of a house in Solan, had allowed their uncle Bhagwan Dass to occupy the property as a licensee. Bhagwan Dass later claimed that the appellants had agreed to sell him half of the property and that, under Section 53-A of the Transfer of Property Act, he could retain possession …

MAULESHWAR MANI AND ORS.versusJAGDISH PRASAD AND ORS.

2002 INSC 43Appeal(s) allowed

Jamuna Prasad executed a Will in 1956 bequeathing his entire movable and immovable property, including Bhumadhari land, to his second wife Sona Devi with a right of alienation, and thereafter to the nine sons of his daughters from both wives. After the deaths of Jamuna Prasad (1961) and Sona Devi …

KARNATAKA STATE ROAD TRANSPORT CORPORATIONversusASHRUFULLA KHAN AND ORS.

2002 INSC 22Appeal(s) allowed

The Karnataka State Road Transport Corporation (KSRTC) challenged the grant of a stage‑carriage permit to private operators Ashrufulla Khan et al. for a route that overlapped a small portion of a notified route covered by a scheme of total exclusion prepared under Chapter IVA of the Motor Vehicles …

AMAR NATH CHOWDHURYversusBRAITHWAITE AND CO. LTD. AND ORS.

2002 INSC 19Appeal(s) allowed

Amar Nath Chowdhury, an employee of Braithwaite & Co. Ltd., was removed from service by the Disciplinary Authority, who was also the Chairman‑cum‑Managing Director of the company. He appealed the removal before the Board of Directors, but the same Chairman‑cum‑Managing Director presided over and …

CHANDIGARH HOUSING BOARD AND ANR.versusGURMIT SINGH

2002 INSC 12Disposed off

Respondent Gurmit Singh applied for a flat under the Chandigarh Housing Board’s 1976 regulations, claiming to be a domicile of the Union Territory of Chandigarh but failed to produce a domicile certificate. The Board repeatedly requested proof of domicile; when none was furnished, it cancelled the …

DARSHAN SINGH AND ORS.versusGUJJAR SINGH (DEAD) BY LRS. AND ORS.

2002 INSC 9Appeal(s) allowed

The Supreme Court examined a suit by Gujjar Singh, a sixth‑degree collateral of Jagjit Singh, seeking declaration of his right to succeed to Jagjit Singh's land. The trial court had dismissed the suit on the ground that the appellants (descendants of Rulia Singh) were in adverse possession, but the …

STATE OF PUNJABversusTEHAL SINGH AND ORS.

2002 INSC 3Appeal(s) allowed

The Punjab Government issued notifications under Sections 3 and 4 of the Punjab Panchayati Raj Act, 1994 to declare the territorial area of a new Gram Sabha (Khanpur) and to establish it, thereby excluding parts of the existing Gram Sabha (Wazidpur). Sarpanch and a Gram Panchayat member of Wazidpur …

K.S. BHOIRversusSTATE OF MAHARASHTRA

2001 INSC 605Dismissed

The Maharashtra Health Sciences Common Entrance Test of 2001 contained errors in the biology paper of one version, leading the State to re‑evaluate answer sheets and issue a revised merit list that displaced several already admitted students. To accommodate the displaced candidates, the State …

THE STATE OF MAHARASHTRAversusINDIAN MEDICAL ASSOCIATION AND ORS.

2001 INSC 597Appeal(s) allowed

The State of Maharashtra decided to establish a government medical college at Kolhapur, which was challenged by the Indian Medical Association on the ground that the State had not filed an application with the Maharashtra University of Health Sciences under Section 64 of the Act and that the …

STATE OF HIMACHAL PRADESHversusTARSEM SINGH AND ORS.

2001 INSC 424Appeal(s) allowed

The dispute concerned a tract of shamilat pasture land used by the village community of Majra Dughe for grazing. The land, originally vested in the Gram Panchayat under the Punjab Village Common Lands (Regulation) Act, 1961, later fell under the Himachal Pradesh Village Common Lands Vesting and …

RACHAKONDA NARAYANAversusPONTHALA PARVATHAMMA AND ANR.

2001 INSC 390Appeal(s) allowed

The plaintiff entered into an agreement to purchase two plots of land, paying earnest money, but later learned that the seller lacked title to one plot (Plot B). The plaintiff sought specific performance of the contract for the remaining plot (Plot A) after relinquishing any claim to Plot B and …

SHAJI KURIAKOSE AND ANR.versusINDIAN OIL CORPN. LTD. AND ORS.

2001 INSC 369Dismissed

The Supreme Court examined an appeal by landowners whose 7.13 acres in Manakunnam were acquired for an Indian Oil bottling plant. The award was initially Rs. 1,225 per acre, enhanced to Rs. 7,000 per cent by a reference court, but the Kerala High Court reduced it to Rs. 4,000 (wet land) and Rs. …

BARNES INVESTMENTS LTD. AND ORS.versusRAJ K. GUPTA AND ORS.

2001 INSC 343Appeal(s) allowed

The appellants obtained a decree in England for a sum of about Rs. 3.6 crore and sought execution in Delhi, leading to attachment of the respondent's immovable property. While the attachment was pending, the respondent filed a suit in Delhi seeking a declaration that the foreign decree was void and …

BIMAN KRISHNA BOSEversusUNITED INDIA INSURANCE CO. LTD. AND ANR.

2001 INSC 337Appeal(s) allowed

Biman Krishna Bose had a mediclaim policy with United India Insurance Co. Ltd. After the insurer failed to pay a claim for his wife's hospitalization, Bose pursued the matter through consumer forums and the Supreme Court, eventually obtaining a decree for payment. While the litigation was pending, …

V. PECHIMUTHUversusGOWRAMMAL

2001 INSC 332Appeal(s) allowed

The appellant, who had sold his immovable property to the respondent, later entered into a written agreement whereby the respondent would sell the property back to him after five years for a specified sum. After the period elapsed, the appellant demanded reconveyance, but the respondent refused, …

SHYAM SUNDER AND ANR.versusRAM KUMAR AND ANR.

2001 INSC 323Dismissed

The appellants purchased agricultural land from vendors and the respondents, as co‑sharers, filed a suit claiming a statutory right of pre‑emption. The trial court decreed in favour of the respondents and they deposited the purchase money under Order 20 Rule 14 CPC. While the appeal was pending, the …

STATE OF HARYANAversusRAM SINGH

2001 INSC 315Dismissed

The State of Haryana acquired about 180 acres of land for a feeder project and awarded uniform compensation rates. The High Court, relying on a single sale deed, directed the State to pay Rs.1,72,000 per acre plus an additional Rs.30,000 for "potential value". The State appealed, arguing that …

K. RAJAMOULIversusA.V.K.N. SWAMY

2001 INSC 253Appeal(s) allowed

The dispute arose from an arbitration award where the decree did not include pendente lite interest. The decree holder sought such interest in execution, which was rejected, leading to a series of revision, interlocutory, and review petitions in the High Court. While a review petition was pending, …

M/S. INTERNATIONAL WOOLEN MILLSversusM/S. STANDARD WOOL (U.K.) LTD.

2001 INSC 227Case Partly allowed

International Woolen Mills (appellant) placed an order for wool with Standard Wool (U.K.) Ltd. (respondent) which it later rejected as inferior and withheld payment. The respondent obtained an ex‑parte decree in the Central London County Court and sought execution in Ludhiana, India. The appellant …

BHARAT PETROLEUM CORPORATION LTD.versusMUMBAI SHRAMIK SANGHA AND ORS .

2001 INSC 224Hearing Adjourned

In Bharat Petroleum Corporation Ltd. v. Mumbai Shramik Sangha (2001), a civil appeal arose from a Bombay High Court order concerning the scope of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970. Two learned judges of the Supreme Court expressed doubt about the correctness of …

BABU KHAN AND ORS.versusNAZIM KHAN (DEAD) BY LRS. AND ORS.

2001 INSC 209Case Allowed

The appellants, pucca tenants, filed an application under Section 91 of the Madhya Bharat Land Revenue and Tenancy Act, 1950 seeking reinstatement after being dispossessed, but the revenue authorities dismissed their claim. They subsequently filed a civil suit for declaration of title and …

SARASWATHI AND ANR.versusS. GANAPATHY AND ANR.

2001 INSC 192Dismissed

The original owner sold two adjoining parcels to the appellants and the first respondent, each deed describing a specific area and granting a right of ingress and egress over an open passage. The first respondent later executed a Release Deed relinquishing all rights except passage, but subsequently …

V.M.KURIANversusSTATE OF KERALA AND ORS.

2001 INSC 181Appeal(s) allowed

The appellant, a resident adjoining a plot owned by the 5th respondent, challenged the Kerala State Government's orders granting exemption from the Kerala Municipal Building Rules, 1968 for the construction of an eight‑storeyed building. The exemption was issued despite the application not being …

M.C.MEITTAversusUNION OF INDIA AND ORS.

2001 INSC 170Modified

The Supreme Court, hearing M.C. Mehta v. Union of India, examined the failure of the Delhi government and private bus operators to meet its earlier order (28 July 1998) that the entire city bus fleet be converted to CNG by 31 March 2001 and that no bus older than eight years operate on diesel after …

STATE OF KARN ATAKA AND ORS.versusDRIVE IN ENTERPRISES

2001 INSC 141Appeal(s) allowed

The respondent, Drive‑In Enterprises, operated a drive‑in cinema where patrons could view films while seated in their motor cars. The State of Karnataka imposed an entertainment tax on the admission of each motor vehicle into the auditorium under sub‑clause (v) of clause (i) of Section 2 of the …

MUNICIPALCOUNCIL, KOTA, RAJASTHANversusTHE DELHI CLOTH AND GENERAL MILLS CO. LTD.

2001 INSC 132Appeal(s) allowed

The Municipal Council of Kota levied a "dharmada" tax on goods entering its limits under a 1968 notification issued pursuant to Section 104(2) of the Rajasthan Municipalities Act, 1959. Delhi Cloth & General Mills Co. sought an injunction restraining the levy, arguing that dharmada was not an octroi …

G. GRIDHAR PRABHU AND ORS.versusAGRICULTURAL PRODUCE MARKET COMMITTEE

2001 INSC 135Dismissed

The appellants purchased raw cashew nuts, a notified agricultural produce under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, and processed them into cashew kernels, also a notified produce. While they paid market fee on the purchase of cashew nuts, the Market Committee …

RAMALINGAM CHETTIARversusP.K. PATTABIRAMAN AND ANR.

2001 INSC 105Appeal(s) allowed

The State of Tamil Nadu, acting under the Revenue Recovery Act, auctioned a 2‑acre land after a loan default, which was purchased by the appellant. The respondent filed an application under Section 38 of the Act to cancel the sale, which was rejected on 11‑Jan‑1977, and subsequently filed a suit for …

M/S PARK LEATHER INDUSTRY (P) LTD. AND ANR.versusSTATE OF U.P.

2001 INSC 90Dismissed

Park Leather Industry and another, engaged in preparing tanned leather, challenged the levy of market fees imposed by the State of Uttar Pradesh under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964, on the ground that tanned leather is a distinct manufactured commodity and not "hides and …

SHRI RAM AND ANR.versusIST ADDL. DISTT. JUDGE AND ORS.

2001 INSC 79Appeal(s) allowed

The original owner, Smt. Vidyawati Devi, sold land to the appellants on 12 July 1984, and their names were entered as tenure holders in the revenue records. Respondents 3 and 4 forged a sale deed dated 24 July 1984, impersonating the vendor, and attempted to dispossess the appellants. The appellants …

VANNATTANKANDY IBRAYIversusKUNHABDULLA HAJEE

2000 INSC 597Dismissed

The appellant, a tenant of a shop let under the Kerala Buildings (Lease and Rent Control) Act, 1965, saw the shop completely destroyed by fire. He rebuilt a new shop on the vacant land without the landlord's consent, prompting the landlord to sue for demolition of the new structure and possession of …

STATE OF ASSAM AND ORS.versusSH. NARESH CHANDRA GHOSE (D) BY LRS.

2000 INSC 566Appeal(s) allowed

The State of Assam assessed sales tax on the medicinal preparation "Mritasanjibani" under Item 67 of the Assam Finance (Sales Tax) Act, 1956, which taxes spirituous medicinal preparations containing more than 12% alcohol. The respondent challenged the assessment, and the Gauhati High Court held that …

R.D. UPADHYAYversusSTATE OF ANDHRA PRADESH AND ORS.

2000 INSC 550Directions issued

The Supreme Court heard a writ petition under Article 32 concerning Ajoy Ghosh, a prisoner‑lunatic detained since 1962 in West Bengal prisons. The Court found that the prison authorities and the Assistant Chief Metropolitan Magistrate had failed to provide medical care or maintain records from 1964 …

UNION OF INDIAversusK.M. SHANKARAPPA

2000 INSC 545Dismissed

The petition challenged the constitutional validity of several provisions of the Cinematograph Act, 1952, particularly Section 6(1) which allowed the Central Government to call for records of proceedings before the Board or Tribunal and to make orders revising their decisions. The High Court upheld …

HAMZABI AND ORS.versusSYED KARIMUDDIN AND ORS.

2000 INSC 548Appeal(s) allowed

In 1951 a usufructuary mortgage was created over a house in favour of the petitioner. In 1953 the mortgagor agreed to sell the house to the mortgagee, Y, but the sale deed was never registered before the mortgor died. An unregistered sale deed was later executed in 1954 in favour of the petitioner …

DEO NARAIN CHOUDHURYversusSHREE NARAIN CHOUDHURY

2000 INSC 497Dismissed

The appellant and respondent, brothers, were in dispute over a property and referred the matter to arbitration. An arbitral award was made on 21 January 1996 and filed in the Sub‑Judge's court on 14 May 1996. The respondent filed a caveat on 11 June 1996 seeking notice before any order, but the …

GAUTAM PAULversusDEBI RANI PAUL AND ORS

2000 INSC 488Disposed off

The case concerned a residential dwelling house that had been transferred through several generations and eventually a 1/9 share was sold to Gautam Paul, who was not a member of the undivided family that owned the house. Debi Rani Paul and Radha Rani Paul, members of that family, filed a suit for …

GOBIND RAMversusGIAN CHAND

2000 INSC 463Dismissed

Gobindram (appellant) agreed to sell a property in Lajpat Nagar to Gian Chand (respondent) for Rs 16,000, receiving Rs 1,000 as earnest money. The sale deed was not executed within the stipulated time, prompting the respondent to sue for specific performance. The trial court decreed specific …

UNION OF INDIA AND ORS.versusDR. VIJAYAPURAPU SUBBAYAMMA

2000 INSC 458Appeal(s) allowed

Dr. Vijaya Yapurapu Subba Yamma retired on 13 November 1980 after 12 years of service, falling short of the 20‑year qualifying period required for a pro‑rata pension under the Central Civil Services (Temporary) Services Rules, 1965. The Fourth Pay Commission later recommended reducing the qualifying …

SURJIT KAURversusNAURATA SINGH AND ANR.

2000 INSC 444Disposed off

Surjit Kaur entered into an agreement to sell her land to Naurata Singh, receiving Rs 20,000 as advance, with the condition that mutation and possession be delivered before execution of the sale deed by 30 June 1981. A suit filed by a third party obtained an interim injunction restraining …

SMT. DILBOO (DEAD) BY LRS. AND ORS.versusSMT. DHANRAJI (DEAD) AND ORS.

2000 INSC 440Appeal(s) allowed

The case concerned a suit for redemption of a mortgage executed in 1902 by a widow, Lakshamania, in favour of Ram Charan Sonar. The plaintiff, claiming to be an heir of Lakshamania, filed the suit in 1960 after a series of subsequent mortgages, sales and redemptions involving the property. The trial …

R. HARIHARAN AND ORS.versusK. BALACHANDRAN NAIR AND ORS.

2000 INSC 439Appeal(s) allowed

The appellants, engineers employed by the Kerala State Electricity Board, were appointed on an ad‑hoc basis between 1976 and 1979 and later regularised after passing departmental exams. The Kerala Public Service Commission (KPSC) refused to concur with the regularisation dates, leading the Board to …

ELECTRICITY EMPLOYMENT UNION ETC.versusUNION OF INDIA AND ORS.

2000 INSC 420Dismissed

The Electricity Employment Union and two employees challenged the Central Administrative Tribunal's finding that, after the Punjab Re‑organisation Act, 1966, their services were allocated to the Punjab State Electricity Board and they were merely on deputation to the Union Territory of Chandigarh. …

SANTAKUMARI AND ORS.versusLAKSHMI AMMA JANAKI AMMA (D) BY LRS. AND ORS.

2000 INSC 394Dismissed

The suit concerned a property originally belonging to Krishnan Nair, which was attached in execution. To raise funds, Nair executed a sale deed (Exhibit A‑5) in favour of Kesavan Channar, simultaneously executing an agreement (Exhibit A‑6) to sell the same property to his relative Kochu Kunja Nair …

S. SAKTIVEL (DEAD) BY LRS.versusM. VENUGOPAL PILLAI AND ORS

2000 INSC 395Dismissed

The plaintiff sought a share in a property based on a registered settlement deed dated 26 March 1915 executed by the deceased Muthuswamy Pillai. The defendant claimed that a subsequent oral family arrangement in 1941 had modified the deed, allocating the property exclusively to him and giving cash …

MARWARI KUMHAR AND ORS.versusBHAGWANPURI GURU GANESHPURI AND ANR.

2000 INSC 396Disposed off

The Marwari Kumhar community, which used a dharamshala for religious functions, sued the heirs of a former pujaris (the respondents) for a declaration of title to the property in 1945. The trial court and later the High Court affirmed the community's title, holding the respondents were merely …

AJAIB SINGH AND ORS.versusSMT. TULSI DEVI

2000 INSC 372Appeal(s) allowed

The case concerned an agreement whereby the plaintiff, Tulsi Devi, agreed to purchase part of a government‑allotted property (Block 67‑B) and, upon repayment of a loan, acquire the remaining part (Block 67‑A). The plaintiff claimed specific performance of the agreement to obtain Block 67‑A, …

POONAMversusMUNICIPAL CORPORATION OF DELHI AND ORS.

2000 INSC 357Dismissed

The appellant sought permission to construct on Plot E‑25 (new) in a Delhi cooperative colony. The original layout plan sanctioned in 1958 contained 98 plots; a later resolution mistakenly mentioned 108 plots. After boundary adjustments, the original plots E‑25 and C‑23 ceased to exist, and the …

RAMAVILASOM GRANDHASALAAND ORS.versusN.S.S. KARAYOGAM

2000 INSC 297Appeal(s) allowed

The plaintiff‑respondent filed a suit for declaration and possession which was dismissed, and the subsequent appeal was also dismissed. The plaintiff then filed a second appeal under Section 100 of the Code of Civil Procedure before the Kerala High Court. The High Court entertained the second appeal …

STATE BANK OF INDIA AND ORSversusHARBANS LAL

2000 INSC 282Appeal(s) allowed

Harbans Lal, a clerk-cum-cashier of State Bank of India, was suspended on 29 November 1990 pending a departmental enquiry into alleged misconduct. He filed writ petitions under Article 226 seeking payment of full salary during the suspension, invoking the Sastry Award as adopted by the bank. The …

STATE OF ORISSA AND ORS.versusBAIDHAR SAHU

2000 INSC 275Appeal(s) allowed

The respondent, a Stipendiary Engineer employed by the State Government in community development, was suspended by the District Collector of Koraput under Rule 12 of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 while disciplinary proceedings were contemplated. He …

K,M. ABDUL RAZZAKversusDAMODHARAN

2000 INSC 276Appeal(s) allowed

The landlord sought eviction of the tenant under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming the building was dilapidated and needed reconstruction, and that he had sufficient funds. The Rent Controller, after an inspection, found the building not …

VANEET JAINversusJAGJIT SINGH

2000 INSC 277Disposed off

The landlord applied to the Rent Controller under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, seeking eviction of the tenant on the ground of a bona‑fide need to start a Karyana business, despite being unemployed and suffering from asthma. The Rent Controller and the …

T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA AND ORS.

2000 INSC 270Disposed off

The Supreme Court had constituted a High Power Committee (HPC) to fix recovery norms for veneer extraction from timber and to levy penalties on units exceeding those norms. Units were required to submit their production records by 15 January 1998, but questions arose whether the HPC could impose a …

TATA ENGINEERING AND LOCOMOTIVE CO. LTD.versusTHE STATE OF BIHAR AND ANR.

2000 INSC 236Dismissed

Tata Engineering & Locomotive Co. Ltd., a manufacturer of automobiles, purchased large quantities of timber from licensed dealers and operated several saw‑mills within its factories to produce wooden components for its vehicles. The State of Bihar issued a notice requiring the company to obtain a …

EDWARD KEVENTER PVT. LIMITEDversusBIHAR STATE AGRICULTURAL MARKETING BOARD AND ORS.

2000 INSC 211Appeal(s) allowed

Edward Keventer Pvt Ltd, a manufacturer of the ready‑to‑serve fruit drinks ‘Frooti’ and ‘Appy’, challenged a market fee notice issued by the Bihar State Agricultural Marketing Board under the Bihar Agricultural Produce Market Act, 1960. The Board treated the drinks as mango and apple products and …

COMPTROLLER AND AUDITOR GENERAL OF INDIA AND ORS.versusFARID SATTAR

2000 INSC 204Appeal(s) allowed

Farid Sattar, a Senior Accountant, sought a mutual transfer which was not permissible and was advised to apply for a unilateral transfer that required him to revert to the lower post of Accountant as a direct recruit, forfeiting his senior status. After the transfer his pay was mistakenly fixed at …

UNION OF INDIA AND ORS.versusREKHA MAJHI

2000 INSC 201Appeal(s) allowed

The respondent, a widow of a deceased railway employee, was receiving a family pension and was appointed on compassionate grounds as a railway employee, drawing both salary and family pension. She also received dearness relief on both the salary and the pension, which the railway authorities later …

SUNEETA AGGARWALversusSTATE OF HARYANA AND ORS.

2000 INSC 65Dismissed

Suneta Aggarwal applied for a Hindi lecturer post in a government‑aided college. The Selection Committee recommended her, but the Vice‑Chancellor disapproved the recommendation and ordered the post to be re‑advertised. Aggarwal applied again after the re‑advertisement, appeared before the new …

PARENTS ASSOCIATION AND ANR.versusUNION OF INDIA AND ORS.

2000 INSC 32Dismissed

The Supreme Court examined the Central Government's revised quota system for higher‑education and public‑employment seats in the Andaman and Nicobar Islands, which reduced the 10‑year‑education locals' reservation from 35% to 20% and restored a 50% reservation for pre‑ and post‑1942 settlers. The …

BHAGWANDAS FATECHAND DASWANI AND ORS.versusH.P.A. INTERNATIONAL AND ORS.

2000 INSC 19Appeal(s) allowed

In this civil appeal, the appellant (subsequent purchasers) challenged a Madras High Court decree for specific performance that had been affirmed after a trial court judgment. The High Court hearing concluded on 22 March 1989, but the judgment was delivered only on 24 January 1994, a delay of nearly …

RAGAVENDRA KUMARversusFIRM PREM MACHINERY AND CO.

2000 INSC 10Appeal(s) allowed

The appellant-landlord filed an eviction suit under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bonafide requirement to use the premises for a motorcycle showroom. The trial court held that the landlord needed the premises and that no other suitable shop was …

C. CHANDRAMOHANversusSENGOTTAIYAN (DEAD) BY LRS. AND ORS.

2000 INSC 2Dismissed

The appellant, C. Chandramohan, derived ownership of three shops from his father’s release deed but did not inform the long‑standing tenants of this transfer. He later demanded higher rent and sought eviction for demolition, alleging wilful default in rent, denial of his title, and the need for …

S.K. PATTANAIK (DEAD) THROUGH LRS.versusSTATE OF ORISSA AND ORS.

1999 INSC 557Dismissed

The appellant imported Indian-made foreign liquor into Orissa and stored it in a licensed bonded warehouse. Part of the stock became sedimented, was deemed unfit for consumption and was destroyed. The State issued a notice for payment of countervailing duty of Rs.10,02,182, which the appellant …

RAM DOSSversusK. THANGAVELU

1999 INSC 530Appeal(s) allowed

Ram Doss purchased a building that was occupied by K. Thangavelu, who refused to acknowledge him as landlord and stopped paying rent. The Rent Controller, after examining the sale deed and rent accounts, held that a landlord‑tenant relationship existed and ordered eviction; the tenant's appeal was …

HABIBUNNISA BEGUM AND ORS.versusG. DORAIKANNU CHETTIAR (D) BY LRS. AND ORS.

1999 INSC 524Appeal(s) allowed

The landlord leased a premises under a single lease deed covering Door No.27, which later acquired an additional number (Door No.28) after a road split the property. The tenant constructed structures on both doors, claimed ownership of the structures, and paid rent only for the land, leading the …

MUNNALAL AGARWALversusJAGDISH NARAIN AND ORS

1999 INSC 521Dismissed

The landlord of a shop served a notice on 8 October 1972 to enhance rent under Section 5 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, but the tenant received it on 19 October, after the three‑month deadline that expired on 16 October 1972. The tenant refused to …

KONDETI SURYANARAYANA AND ORS.versusPINNINTHI SESHAGIRI RAO

1999 INSC 517Appeal(s) allowed

The landlord sought eviction of two shop tenants on grounds of rent default and claimed the building was required for demolition based on Vastu Shastra advice. The Rent Controller permitted eviction and demolition without ordering reconstruction, as required by Section 12 of the Andhra Pradesh …

AHMEDABAD MUNICIPAL CORPORATION AND ANR.versusNILAYBHAI R. THAKORE AND ANR.

1999 INSC 477Appeal(s) allowed

The Ahmedabad Municipal Corporation (AMC) runs N.H.L. Municipal Medical College and, through Rules 6(i) and 7, defined a "local student" as one who passed qualifying examinations from schools located within the municipal limits. Permanent residents of Ahmedabad who obtained their qualifications from …

BODDU NARAYANAMMAversusSRI VENKATARAMA ALUMINIUM CO. AND ORS.

1999 INSC 429Appeal(s) allowed

Boddu Narayanamma, the landlady, sought eviction of Sri Venkatarama Aluminium Co. and its partners who occupied a building in Rajahmundry under a composite lease containing both residential and non‑residential portions. The Rent Controller dismissed the petition, holding the landlord's requirement …

I.R. COELHO (DEAD) BY LRS. ETC.versusTHE STATE OF TAMIL NADU ETC.

1999 INSC 394Matter referred to larger bench

The petitioners challenged the insertion of the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 and the West Bengal Land Holding Revenue Act, 1979 into the Ninth Schedule of the Constitution after they had been struck down as unconstitutional. The issue was whether such …

T. SIVASUBRAMANIAM AND ORS.versusKASINATH PUJARI AND ORS.

1999 INSC 370Dismissed

The landlords filed an eviction petition under the Tamil Nadu Building (Lease and Rent Control) Act, 1960, claiming they wished to live separately from their father and had no house of their own. The petition did not specifically plead a bonafide need for the premises, merely stating a desire to …

SHIV SARUP GUPTAversusDR. MAHESH CHAND GUPTA

1999 INSC 364Dismissed

The appellant, a tenant, occupied the first floor and barsati of a house in Defence Colony, New Delhi. The landlord, a doctor, sought eviction under Section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide need for the premises for himself and his family. The Additional Rent …

RESHAM SINGHversusRAGHBIR SINGH AND ANOTHER

1999 INSC 350Dismissed

Resham Singh, the landlord, let a shop to Raghbir Singh who later became involved in criminal proceedings and absconded. Raghbir allowed his brother Kuldeep Singh to look after the premises, leading the landlord to file an eviction petition under the East Punjab Urban Rent Restriction Act alleging …

DAVISversusSEBASTIAN

1999 INSC 343Appeal(s) allowed

The landlord (Davis) owned a building where he ran a hotel‑bar and sought eviction of his tenant (Sebastian), who operated a provision shop, under Section 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965, claiming a bona‑fide need for additional accommodation for a jewellery and …

J. JERMONSversusALIAMMAL AND ORS.

1999 INSC 333Appeal(s) allowed

The tenant J. Jermons stopped paying rent to his landlord after a Tax Recovery Officer issued a prohibitory order under the Income Tax Act, directing him to pay the rent to the tax authority instead. He later complied with a notice under Section 226(3) of the Income Tax Act and paid the rent for the …

SMT. RAMKUBAI SINCE DECEASED BY LRS.versusHAZARIMAL DHOKALCHAND CHANDAK AND ORS.

1999 INSC 331Appeal(s) allowed

The legal representatives of the deceased landlady, Smt. Ramkubai, filed a suit for possession of premises against the tenants, alleging default in rent, sub‑letting and a bona fide requirement to set up a Kirana shop for her son Bhikchand. The trial court granted eviction, but the appellate and …

LADU RAMversusGANESH LAL

1999 INSC 323Appeal(s) allowed

Ladu Ram, the landlord, filed an eviction suit against tenant Ganesh Lal under Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, alleging default in rent payment but did not seek a separate decree for recovery of arrears. The trial court provisionally determined …

DATTARAM S. VICHARE .versusTHUKARAM S. VICHARE AND ORS.

1999 INSC 325Appeal(s) allowed

The appellant, D.S. Vichare, was allotted a one‑room flat by the Bombay Housing and Area Development Board under the Maharashtra Housing and Area Development Act and indicated on Form C that his brother and sister‑in‑law would occupy the premises. Subsequent board inspections alleged that the …

P.K. VASUDEVAversusZENOBIA BHANOT

1999 INSC 321Dismissed

The landlady, a widow of a retired government servant, sought eviction of four tenants under Section 13A of the East Punjab Urban Rent Restriction Act, 1949, as extended to Chandigarh. The Rent Controller initially ordered eviction of two tenants, but the High Court held that only one tenant could …

PREM NARAYAN BARCHHIHAversusHAKIMUDDIN SAIFI

1999 INSC 303Appeal(s) allowed

The landlord (appellant) sought eviction of a tenant from two shops under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bonafide requirement to start a business for his unemployed son and asserting that he had no other suitable non‑residential accommodation. The …

SUDHA AGRAWALversusXTH ADDL. DISTRICT JUDGE AND ORS.

1999 INSC 306Dismissed

The landlord applied to the Prescribed Authority for eviction of the tenant on the ground of bonafide need, claiming that explanation (i) to the fourth proviso of Section 21(1) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 barred the tenant from contesting and …

MUDIGONDA CHANDRA MOULI SASTRYversusBHIMANEPALLI BIKSHALU AND ORS.

1999 INSC 307Appeal(s) allowed

The landlord filed an eviction petition under the A.P. Building (Lease, Rent & Eviction) Control Act, 1960, claiming bonafide need for the premises. The tenant, employed in a department notified as an essential service, was transferred from Tenali to Marcherla, about 110 miles away. The Rent …

SANKARAN PILLAI (DEAD) BY LRS.versusV.P. VENGUDUSWAMI AND ORS.

1999 INSC 296Dismissed

The appellant, a tenant, entered into a purchase agreement for the premises and paid a part‑payment, but the agreement was later repudiated and he filed a suit for specific performance. While the suit was pending, the new owner (respondent) filed an ejectment suit on the ground of arrears of rent. …

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 …

FOOD CORPORATION OF INDIAversusSREEKANTH TRANSPORT

1999 INSC 258Dismissed

The Food Corporation of India (FCI) and Sreekanth Transport entered into a government contract containing an arbitration clause and an excepted‑matter clause (clause 12) that vested final authority in the Senior Regional Manager. Sreekanth Transport filed a suit under Section 20 of the Arbitration …

UNION OF INDIA AND ANR.versusM/S JAGJIT INDUSTRIES AND ANR.

1999 INSC 228Dismissed

The Union of India appealed a Punjab & Haryana High Court order that set aside a non‑speaking award given by an arbitrator under Section 7‑B of the Telegraph Act, 1885, on the ground that the award lacked reasons. The respondents had challenged the award by a writ petition under Article 226 of the …

STATE OF MAHARASHTRA AND ORS.versusCHHAYA AND ORS.

1999 INSC 174Dismissed

The petitioners challenged a High Court order on the interpretation of Section 5(4)(a) of the Administrative Tribunals Act, 1985, contending that a Chairman who is a Judicial Member could also act as an Administrative Member on another bench. The Supreme Court examined the language of the provision, …

STATE OF KERALAversusINDIAN ALUMINIUM CO. LTD. AND ORS.

1999 INSC 161Dismissed

The State of Kerala and Indian Aluminium Co. Ltd. disputed the effect of the 1983 amendment inserting Section 49(5) into the Electricity (Supply) Act, 1948. The company had a special agreement under Section 49(3) for electricity at concessional rates and enjoyed a partial exemption from electricity …

S. HANUMANTHA RAOversusS. RAMANI

1999 INSC 143Dismissed

The husband filed a petition for divorce on the grounds of mental cruelty and desertion, alleging that his wife removed and threw her mangalsutra, preserved copies of letters she had written to him, and sought the intervention of the Women Protection Cell under IPC 498A. The trial court granted …

STATE OF HIMACHAL PRADESHversusRAJA MAHENDRA PAL

1999 INSC 146Appeal(s) allowed

The erstwhile ruler of Kutlehar, Raja Mahendra Pal, claimed that he was entitled to receive the price of forest produce sold to the Himachal Pradesh Forest Corporation at rates fixed by a Pricing Committee, along with interest, damages and penalties, invoking a right to livelihood under Article 21. …

SMT. BENI BAIversusRAGHUBIR PRASAD

1999 INSC 83Appeal(s) allowed

The father of the appellant executed a 1935 will granting his house to the respondent after the death of his wife, Bhagwati Bai, who was given a life interest in lieu of maintenance. In 1962 Bhagwati Bai executed a gift deed transferring the house to her daughter, the appellant. The respondent sued …

BHARAT BARREL AND DRUM MANUFACTURING CO.versusAMIN CHAND PEYARELAL

1999 INSC 69Appeal(s) allowed

Bharat Barrel and Drum Manufacturing Co. sued Amin Chand Peyarelal for recovery of a Rs. 6,20,000 promissory note dated 11 October 1961. The defendant claimed the note was executed as collateral security for an import contract and that no consideration was received, while the plaintiff asserted it …

DWARAKA DASversusSTATE OF MADHYA PRADESH AND ANR.

1999 INSC 53Case Partly allowed

The appellant, a contractor, entered into a contract with the State of Madhya Pradesh to construct a hostel, but the contract was rescinded by the State alleging insufficient progress. The appellant sued for the contract price of Rs 32,000 and claimed Rs 20,000 as damages for loss of profit. The …

HARSH PRATAP SISODIAversusUNION OF INDIA AND ORS.

1999 INSC 43Case Allowed

Harsh Pratap Sisodia passed his intermediate examination without biology and later cleared biology, subsequently qualifying the All India Pre‑Medical/Pre‑Dental Entrance Examination conducted by CBSE. He was allotted a seat in an MBBS programme under the 15% All India Quota, but the Dean of Dr. V.M. …

SRI RAMENDRA KISHORE BISWASversusTHE STATE OF TRIPURA AND ORS.

1998 INSC 460Appeal(s) allowed

The appellant, a civil servant, was found guilty in a departmental enquiry and dismissed from service. He challenged the dismissal by filing a civil suit, which was initially dismissed, but the District Judge later set aside the dismissal order, declaring it illegal. The respondents appealed to the …

MUNICIPAL CORPORATION OF BRIHANMUMBAI AND ANR.versusSTATE BANK OF INDIA

1998 INSC 454Dismissed

The respondent appealed a rateable value order under Section 217(1) of the Bombay Municipal Corporation Act to the Additional Chief Judge of the Small Causes Court. That order was challenged by the respondent in a second appeal to the High Court under Section 218D, where a single judge partially …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1998 INSC 448Directions issued

The writ petition filed by environmental activist M.C. Mehta in 1985 sought proper management and control of traffic in the National Capital Region and Delhi, highlighting vehicular pollution and chaotic traffic conditions that endangered public safety. The Supreme Court observed that the executive …

SECTOR 14 RESIDENTS WELFARE ASSOCIATION AND ORS.versusSTATE OF DELHI AND ORS.

1998 INSC 428Directions issued

The petitioners sought judicial intervention under Article 32 for the upgradation of sewerage management systems in the trans‑Yamuna area of Delhi and several sectors of NOIDA. The Supreme Court constituted a five‑member committee chaired by former Cabinet Secretary P.K. Kaul to examine the issues …

RAJINDER KRISHAN KHANNA AND ORS.versusUNION OF INDIA AND ORS.

1998 INSC 393Disposed off

The appellants, owners of agricultural land and houses in Panipat, filed a writ petition alleging that effluent discharge from National Fertilizer Ltd's plant damaged their crops, mango orchards, residential buildings and rendered the land unfit for cultivation. The High Court dismissed the petition …

MINERALS AND METALS TRADING CORPORATION OF INDIA LTD.versusSALES TAX OFFICER AND ORS.

1998 INSC 381Appeal(s) allowed

The Minerals and Metals Trading Corporation of India Ltd., acting as a canalising agent, placed a purchase order with a foreign exporter for tin mill black plate coils on behalf of the Steel Authority of India Ltd. (SAIL). The coils were shipped on the high seas and the bill of lading was endorsed …

PAWAN KUMAR SHARMAversusGURDIAL SINGH

1998 INSC 379Appeal(s) allowed

P.K. Sharma, an advocate enrolled in 1990, was complained against by Gurdial Singh for allegedly continuing a taxi business after enrollment, violating Bar Council of India Rules 47 and 48. The Disciplinary Committee of the Bar Council of India found him guilty of professional misconduct and …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1998 INSC 377Directions issued

The Supreme Court, hearing a writ petition filed by environmental activist M.C. Mehta, examined the problem of vehicular air pollution in Delhi and its earlier order banning commercial vehicles older than 15 years from operating in the National Capital Territory. The Union of India, through the …

SANJAY MUSALEversusSTATE OF M.P. AND ORS.

1998 INSC 366Dismissed

The petitioner, Sanjay Musale, filed a writ petition in the Madhya Pradesh High Court alleging public interest, but the petition concealed material facts and appeared to be filed on behalf of another person. The High Court dismissed the petition, holding that there was no genuine public interest and …

ABBAI MALIGAI PARTNERSHIP FIRM AND ANR.versusK. SANTHAKUMARAN AND ORS

1998 INSC 355Appeal(s) allowed

The dispute concerned an eviction order passed by the Rent Controller against the appellants, which was set aside by an appellate authority due to a title dispute. The High Court later affirmed the eviction order, prompting the respondents to file Special Leave Petitions (SLPs) before this Court, …

AKKANISSERY GOVINDAN NAMBIARversusKARIYATH RAGHAVAN

1998 INSC 315Case Allowed

The landlord sought eviction of a long‑term tenant under the Kerala Buildings (Lease & Rent Control) Act, 1965, claiming a bonafide need for his son to start a grocery business in the premises. After the initial dismissal, the landlord obtained vacant possession of an adjacent building and the …

MUNICIPAL COUNCIL, KHURAIversusKRISHI UPAJ MANDI SAMITI, KHURAI AND ORS.

1998 INSC 292Dismissed

The Municipal Council of Khurai received a 7‑acre parcel of land (Khasra No. 412/2) as a gift in 1912 to establish a grain market. The Council later transferred the land to the Krishi Upaj Mandi Samiti (Market Committee) under the Madhya Pradesh Agricultural Produce Markets Act, 1960, and claimed …

BRIJ BHUSHANversusKEWAL KUMAR

1998 INSC 288Dismissed

The tenant, Brij Bhushan, applied to the Rent Controller under Section 6A of the Haryana Urban (Control of Rent and Eviction) Act, 1973, to deposit rent because the landlord, Kewal Kumar, refused to accept rent and give a receipt. The tenant deposited Rs. 7,500 covering rent from 12‑Feb‑1987 to …

V. RADHAKRISHNANversusS.N. LOGANATHA MUDALIAR

1998 INSC 289Dismissed

The tenant, V. Radhakrishnan, occupied a non‑residential building owned by S.N. Loganatha Mudaliar, who filed an eviction petition on the grounds of alleged rent default and a bonafide personal requirement to set up his son’s business. The Rent Controller dismissed the petition, finding no default …

RE BHAVANI RIVER-SAKTHI SUGARS LTD.versusRE BHAVANI RIVER-SAKTHI SUGARS LTD.

1998 INSC 276Dismissed

The Supreme Court examined a writ petition concerning the discharge of objectionable effluents from Sakthi Sugars Ltd.'s distillery into the Bhavani River, which had become a health and environmental hazard. The High Court had dismissed the petition solely on the consent of the Tamil Nadu Pollution …

M.C. MEHTAversusUNION OF INDIA AND ORS.

1998 INSC 274Directions issued

The Supreme Court, hearing a writ petition under Article 32 filed by environmental activist M.C. Mehta, examined the persistent rise in vehicular pollution in Delhi despite earlier court directions and the Bhure Lal Committee report. The Court noted that the State had failed to implement the …

KARIMABEN K. BAGADversusSTATE OF GUJARAT AND ORS.

1998 INSC 271Case Allowed

The husband of the petitioner was detained under COFEPOSA and challenged the detention via a writ petition. While the petition was pending, the government revoked the detention order and the Gujarat High Court dismissed the petition as infructuous without addressing its merits. After the husband’s …

M.C.MEHTAversusUNION OF INDIA & ORS

1998 INSC 227Directions issued

In M.C. Mehta v. Union of India & Ors., the Supreme Court examined the State's failure to implement its earlier directions aimed at curbing chaotic traffic and vehicular pollution in Delhi, which affect the right to life under Article 21 and the State's duties under Articles 47, 48A and 144 of the …

CHINMOY MOULIK AND ORS.versusDAMODAR VALLEY CORPORATION AND ORS.

1998 INSC 77Dismissed

Damodar Valley Corporation (DVC) recruited both science graduates and engineering diploma holders as Assistant Operators/Operators between 1969 and 1977. Later DVC decided to upgrade all existing diploma engineers to the rank of Assistant Controller and to create a separate Sub‑ordinate Engineering …

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

1998 INSC 3

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

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

1997 INSC 818Directions issued

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

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

1997 INSC 807Directions issued

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

M.C. MEHTAversusUNION OF INDIA AND ORS.

1997 INSC 804Disposed off

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

MALKIAT SINGH AND ANR.versusJOGINDER SINGH AND ORS.

1997 INSC 779Appeal(s) allowed

The appellants, convicted of murder, were sued for damages of Rs 1,00,000 by the respondents for loss of income after the victim’s death. The appellants had engaged counsel who, on 18 Nov 1991, pleaded “no instructions,” after which the trial court proceeded ex‑parte and passed a decree on 8 Feb …

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

1997 INSC 747Directions issued

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

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

1997 INSC 726Dismissed

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

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 …