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V R KRISHNA IYER

109 judgments · newest first · showing 1–109

VED PRAKASHversusSTATE OF HARYANA

1980 INSC 223Appeal(s) allowed

The appellant, Ved Prakash, was convicted of a firearm offence arising from a land dispute. The trial court sentenced him without considering the provisions of Section 360 of the Code of Criminal Procedure or the Probation of Offenders Act, 1958. On appeal, the Supreme Court examined whether the …

SOM PRAKASH REKHIversusUNION OF INDIA & ANR.

1980 INSC 220Case Allowed

Som Prakash Rekhi, a clerk of Burmah Shell Oil Storage Ltd., retired with a pension of Rs.165.99 per month under a 1950 trust deed and was also covered by the Employees Provident Fund Act, 1952 and the Payment of Gratuity Act, 1972. The employer deducted amounts for PF contributions and gratuity, …

ACCOUNTANT GENERAL & ANR. ETC. ETC.versusS. DORAISWAMY & ORS. ETC. ETC.

1980 INSC 221Disposed off

The Accountant General of Tamil Nadu and the Comptroller and Auditor‑General appealed against judgments that had allowed seniority claims by several former Upper Division Clerks who argued that their length of service should be counted under paragraph 143 of the Manual of Standing Orders. The …

TATA CONSULTING ENGINEERSversusWORKMEN EMPLOYED AND VICE-VERSA

1980 INSC 222Dismissed

The Supreme Court examined an award by the Maharashtra Industrial Tribunal that revised wage scales for Tata Consulting Engineers' workmen, made the revisions retrospective to 1 January 1976, and added a flat increase of Rs 150 for draughtsmen and Rs 100 for other categories. The workmen sought to …

GOPALANACHARIversusSTATE OF KERALA

1980 INSC 215Case Allowed

Gopalana Chari, a 71‑year‑old inmate, filed a writ petition under Article 32 alleging illegal detention under Section 110 of the Criminal Procedure Code. He claimed he was taken from his home at night, held for ten days without trial, and labeled a "habitual" thief despite no conviction. The Court …

PREM CHANDversusUNION OF INDIA AND ORS.

1980 INSC 213Case Allowed

The Deputy Commissioner of Police, Delhi, invoked sections 47 and 50 of the Delhi Police Act, 1978 to issue an externment order against Prem Chand Paniwala, alleging that his presence in certain areas of Delhi posed a danger to residents. Paniwala challenged the order under Article 32, contending …

THE LIFE INSURANCE CORPORATION OF INDIAversusD. J. BAHADUR & ORS.

1980 INSC 209Dismissed

The Life Insurance Corporation (LIC) and its workmen entered into two 1974 settlements under the Industrial Disputes Act (ID Act) that provided a cash bonus to Class III and IV employees. After the settlements expired, LIC issued notices under s.19(2) and s.9A of the ID Act and the Central …

S. S. SHARMA & ORS.versusUNION OF INDIA & ORS.

1980 INSC 210Dismissed

The petitioners, senior officers of the Central Secretariat Service, challenged the Central Secretariat Service (Amendment) Rules, 1979 and the regulations that introduced a limited departmental competitive examination exclusively for Scheduled Caste and Scheduled Tribe candidates to fill 27 …

ALIJAN NANHE PEHALWAN QURESHIversusSTATE OF MAHARASHTRA

1980 INSC 211Dismissed

Alijan Nanhe Pehalwan Qureshi was convicted of murder under s.302 IPC and sentenced to life imprisonment by the trial court. The High Court affirmed the conviction but issued a judgment without any reasoning. A Special Leave Petition was filed before the Supreme Court, which held that in serious …

KISHOR SINGH RAVINDER DEV ETC.versusSTATE OF RAJASTHAN

1980 INSC 206Appeal(s) allowed

Three prisoners filed a writ petition alleging illegal solitary confinement for 8‑11 months and the imposition of iron fetters on flimsy grounds. The Supreme Court ordered their immediate release from solitary confinement, examined the circumstances of alleged police violence during transit, and …

RANJIT SINGH ETC. ETC.versusUNION OF INDIA

1980 INSC 193Case Allowed

The petitioners, licensed manufacturers of firearms, challenged the Union of India's reduction of their monthly production quotas after the Arms Act, 1959 came into force. They argued that the curtailment caused hardship, was arbitrary, and that they were denied a fundamental right under Article …

SRINIVASA ENTERPRISES & ORS.versusUNION OF INDIA ETC.

1980 INSC 189Dismissed

The Supreme Court examined the constitutionality of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, which imposes a total ban on prize chit schemes. Petitioners argued that the ban violated the fundamental right to trade under Art.19(1)(g), was discriminatory under Art.14, and …

AMETEEP MACHINE TOOLSversusLABOUR COURT HARYANA & ANOTHER

1980 INSC 185Dismissed

Ametep Machine Tools, a manufacturer employing 250 workers, entered into a settlement under Section 12 of the Industrial Disputes Act on June 20, 1969, which barred further financial demands for two years. In August 1970 a fresh demand for dearness allowance led to a sit‑down strike, and the …

PRITAM NATH HOONversusUNION OF INDIA & OTHERS

1980 INSC 178Case Allowed

Pritam Nath Hoon was detained under Section 5(a) of the Conversion of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after customs seized silver bars from him. While in custody he repeatedly requested copies of the statements and documents on which his detention was based so that …

JAWAHARLAL NEHRU UNIVERSITYversusB. S. NARWAL

1980 INSC 172Appeal(s) allowed

B.S. Narwal enrolled in the five‑year integrated M.A. programme in Russian at Jawaharlal Nehru University but failed to clear any core courses in the first three semesters despite being allowed to repeat them. The Centre of Russian Studies recommended, and the University acted on, his removal from …

GIAN SINGH MANNversusTHE HIGH COURT OF PUNJAB AND HARYANA AND ANR.

1980 INSC 161Dismissed

Gian Singh Mann, a judicial officer of the Punjab Civil Service (Judicial Branch), challenged the High Court's order withdrawing his judicial work and his subsequent premature retirement, seeking reinstatement and promotion to the Selection Grade and the Punjab Superior Judicial Service under a …

BALESHWAR DASS & ORS. ETCversusSTATE OF U. P. & ORS. ETC.

1980 INSC 155Case Partly allowed

The case concerned three categories of Assistant Engineers in the Uttar Pradesh Service of Engineers (Irrigation Branch) – direct recruits, promoted subordinate engineers and temporary engineers – and their claim to seniority. The petitioners argued that temporary engineers, having fulfilled …

BALDEV RAJ CHADHAversusUNION OF INDIA & ORS.

1980 INSC 153Appeal(s) allowed

Baldev Raj, an Accounts Officer appointed by the Comptroller and Auditor General, was compulsorily retired on 27 August 1975 under F.R. 56(j)(i) by the Accountant General in the name of public interest. He challenged the retirement, arguing that the Accountant General was not the "appropriate …

RAFIQversusSTATE OF U.P.

1980 INSC 152Dismissed

Rafiq was convicted by the trial court and affirmed by the High Court for raping a middle‑aged Bal Sewika who was sleeping in a girls' school, and was sentenced to seven years' rigorous imprisonment. He filed a Special Leave Petition before the Supreme Court, contending that the absence of physical …

NEW SATGRAM ENGINEERING WORKS & ANR.versusUNION OF INDIA & ORS. AND VICE VERSA

1980 INSC 151Case Partly allowed

The petitioners, New Satgram Engineering Works and related properties, challenged the takeover of their engineering unit, bungalow and guest house by the Central Government under the Coal Mines (Nationalisation) Act, 1973, seeking a mandamus. The High Court declined to decide whether these assets …

INDUSTRIAL SUPPLIES PVT. LTD. & ANR.versusUNION OF INDIA & ORS.

1980 INSC 149Case Partly allowed

Industrial Supplies Pvt. Ltd. and another company were managing/raising contractors of two coking coal mines under long‑term agreements that required them to install machinery and other plant. The mines were taken over by the Central Government under the Coking Coal Mines (Nationalisation) Act, …

NANHU & ORS. ETC.versusDELHI ADMINISTRATION & ORS.

1980 INSC 148Disposed off

The Supreme Court examined the Delhi Municipal Corporation's Cycle Rickshaw Bye‑Law (1960, amended 1976) which required that only owners of a cycle rickshaw could obtain a licence to ply for hire. Petitioners challenged this provision, arguing that the criteria for granting licences were arbitrary …

COL. AVTAR SINGH SEKHONversusUNION OF INDIA

1980 INSC 143Dismissed

The petitioners, two army colonels, contested the appointment to the sole brigadier post heading Military Farms. The High Court directed the Defence Department to select the best officer, finding both equal in merit but recommending the senior colonel (the respondent) for promotion. The Supreme …

C. C. PADMANABHAN & OTHERSversusTHE DIRECTOR OF PUBLIC INSTRUCTIONS AND OTHERS

1980 INSC 140Appeal(s) allowed

The appellants, who were Assistant Educational Officers (AEO) in the Kerala Education Service, were ordered by a 1977 government letter to be transferred back to the lower post of High School Assistant (HSA) after six years of service. They challenged the reversion as violative of Articles 14 and 16 …

MUNICIPAL COUNCIL, RATLAMversusSHRI VARDHICHAND & ORS.

1980 INSC 138Dismissed

Residents of Ratlam filed a complaint under s.133 of the Criminal Procedure Code alleging that the Municipal Council had failed to provide sanitary facilities, construct drainage, and stop industrial discharge, creating a public nuisance. The Sub‑Divisional Magistrate ordered the municipality to …

FAZLUNBIversusK. KHADER V ALI AND ANR.

1980 INSC 112Appeal(s) allowed

Fazlunbi, a Muslim woman, was deserted by her husband K. Khader Vali who obtained a divorce and paid a meager mahar of Rs.500 and iddat maintenance of Rs.750, after which the magistrate cancelled the earlier maintenance order under Section 125 CrPC. The issue before the Supreme Court was whether …

RAM SWAROOP RAIversusLILAVATHI

1980 INSC 109Appeal(s) allowed

The landlady purchased shop No. 66 in Jhansi in 1969 and let the ground floor to the tenant in 1970, claiming the building was a "new construction" erected in 1965. In 1975 she filed an eviction suit invoking the exemption under Section 2(2) of the Uttar Pradesh Rent Control Act, which shields …

VISHNU AWATAR ETC.versusSHIV AUTAR AND ORS.

1980 INSC 104Dismissed

The Supreme Court considered three Special Leave Petitions challenging the Allahabad High Court's refusal to entertain revisions under Section 115 of the CPC on the ground that Section 3 of the Uttar Pradesh Amendment Act, 1978 bars such revisions when the original suit is valued below Rs 20,000. …

RAMESH KAUSHIKversusB. L. VIG, SUPERINIBNDENT AND ANR.

1980 INSC 101Case Allowed

Ramesh Kaushik, a life‑time inmate of Tihar Jail, filed a quasi‑habeas corpus petition under Article 32 alleging systematic torture, corruption, drug‑racketeering, sexual exploitation and class‑based privileges within the prison. The petition claimed violations of Articles 14, 19 and 21 of the …

PREM SHANKAR SHUKLAversusDELHI ADMINISTRATION

1980 INSC 96Case Allowed

The petitioner, an under‑trial prisoner, complained that he was repeatedly handcuffed while being escorted between Tihar Jail and the court despite a trial‑court order prohibiting such treatment. He filed a writ of habeas corpus under Article 32, alleging violation of Articles 14, 19 and 21 of the …

SANTOSH GUPTAversusSTATE BANK OF PATIALA

1980 INSC 97Appeal(s) allowed

Santosh Gupta, a woman employee of State Bank of Patiala, was terminated on 21 August 1974 after failing a test required for confirmation. She contended that the termination amounted to "retrenchment" under Section 2(oo) of the Industrial Disputes Act, 1947, thereby invoking the procedural and …

JAVED NIAZ BEG AND ANR.versusUNION OF INDIA AND ANR.

1980 INSC 87Dismissed

The petitioners, candidates from the Hindi belt, challenged a 1979 notification that exempted candidates from the North Eastern States and Union Territories (Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland) from taking Paper I on Indian Languages in the Civil Services Examination, alleging …

HARJEET SINGH ETCversusUNION OF INDIA AND ORS.

1980 INSC 77Disposed off

B.R. Kapur and Harjeet Singh, directly recruited into the Punjab Police Service in 1951, were promoted to the Indian Police Service (IPS) in 1969. The dispute centered on the assignment of their "year of allotment" and seniority under Rule 3(3)(b) of the IPS (Regulation of Seniority) Rules, 1954, …

R. R. VERMA AND ORS.versusUNION OF INDIA AND ORS.

1980 INSC 78Dismissed

The Supreme Court considered an appeal by R. R. Verma and other direct recruits against the Union of India challenging the Delhi High Court’s dismissal of their writ petition as infructuous and the grant of a certificate of fitness under Article 133. The petitioners argued that Rule 3 of the All …

AMRIK SINGH AND ORS.versusUNION OF INDIA AND ORS.

1980 INSC 79Dismissed

The case concerned V.K. Ahluwalia, a former Deputy Superintendent of Police who had been appointed Superintendent of Police (a cadre post) before being inducted into the Indian Police Service (IPS). He claimed that his year of allotment in the IPS should be fixed as 1961, reflecting his continuous …

DBJAPADA DAS AND ANRversusUNION OF INDIA AND ORS.

1980 INSC 75Dismissed

The Supreme Court examined writ petitions filed by former coal‑mine workers alleging that Section 3(3) of the Coal Mines (Nationalisation) Amendment Act, 1976, which bans coal mining by any agency other than those specified, violated Article 14 by discriminating against them. The petitioners also …

MAHINDRA NATH SHUKLA AND ORS.versusSTATE OF BIHAR AND ORS. ETC.

1980 INSC 80Dismissed

The Supreme Court examined whether Section 3(3) of the Coal Mines (Nationalisation) Amendment Act, 1976 barred the extraction of coking coal. Petitioners argued that the amendment applied only to ordinary coal mines, not to coking coal mines, relying on the separate legislative history of …

SANTOSH MEHTAversusOM PRAKASH AND ANR.

1980 INSC 67Appeal(s) allowed

The appellant, a working woman tenant, paid all rent arrears to her advocate, who failed to deposit the amounts with the court or pay the landlord. The Delhi Rent Controller, relying on Section 15(7) of the Delhi Rent Control Act, 1958, struck out the tenant's defence and proceeded with the …

STATE OF KERALA & ORS. ETC.versusT. N. PETER & ANR. ETC.

1980 INSC 63Appeal(s) allowed

The State of Kerala appealed against a Kerala High Court judgment that struck down Sections 34(1) and 34(2A) of the Cochin Town Planning Act as violative of Article 14. The Supreme Court examined whether the Act's differential treatment of compensation, particularly the exclusion of solatium, …

KRISHAN LALversusSTATE OF HARYANA

1980 INSC 64Dismissed

The petitioner was convicted under Section 376 IPC for raping a girl under 16 years who was sleeping outside her house. He appealed, arguing that the victim's testimony lacked substantial corroboration. The Supreme Court held that in rape cases involving minors, the victim's testimony, when …

RAGHBIR SINGHversusSIATE OF HARYANA

1980 INSC 60Dismissed

The petitioner, an Assistant Sub-Inspector of Police, was accused of subjecting a theft suspect to severe flagellation in police custody, resulting in the suspect's death by asphyxiation. The trial court convicted the petitioner under Section 302 of the Indian Penal Code for murder and sentenced him …

SOM NATHversusSTATE OF HARYANA

1980 INSC 61Dismissed

Som Nath was convicted of murdering his wife by burning her, based largely on three dying declarations made by the victim. He filed a Special Leave Petition challenging the admissibility and credibility of those declarations under Section 32 of the Indian Evidence Act. The Supreme Court held that …

JAI SINGH JAIRAM TYAGI ETC.versusMAMANCHAND RATILAL AGARWAL AND ORS.

1980 INSC 56Dismissed

The landlords of a premises in Kirkee Cantonment sued the tenant for possession and rent under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The suit was decreed, appealed, and a compromise decree was entered on 12 July 1967 giving the tenant time to vacate. After the Supreme …

THE PALACE ADMINISTRATION BOARDversusRAMA VERMA BHARATHAN THAMPURAN & ORS.

1980 INSC 54Case Partly allowed

The Supreme Court reviewed a petition by the Palace Administration Board challenging its earlier order on the partition of the Cochin royal family's assets. The Board sought clarification on three points: whether the Kerala Joint Hindu Family System (Abolition) Act, 1975 applied to the royal family, …

SUNIL KUMAR BANERJEEversusSTATE OF WEST BENGAL AND ORS.

1980 INSC 53Dismissed

Sunil Kumar Banerjee, an IAS officer, was subjected to a disciplinary enquiry under Rule 8 of the All India Services (Discipline and Appeal) Rules, 1969. The Commissioner for Departmental Enquiries, Vigilance Commission, West Bengal acted as the Enquiry Officer and recommended reduction in rank. The …

N. K. V. BROS (P) LTD.versusM. KARUMAI AMMAL AND ORS. ETC.

1980 INSC 50Dismissed

The petitioner, N.K. V. Bros (P) Ltd., owned a stage carriage that, after nightfall, struck an over‑hanging high‑tension wire, killing eight passengers and injuring many others. The driver was tried under IPC s.304A but was acquitted on the ground that the accident was an act of God. The Accident …

CHARLES K. SKARIAversusDR. C. MATHEW

1980 INSC 48

The Kerala State medical colleges reserved 2% of post‑graduate ophthalmology seats for candidates from outside the state, and allowed extra marks for diploma holders even when diploma certificates were not attached to the application. The High Court struck down the 2% reservation and quashed …

VISHESH KUMARversusSHANTI PRASAD

1980 INSC 46Dismissed

The Supreme Court considered five civil revision petitions filed under Section 115 of the Code of Civil Procedure (CPC) that were dismissed by the Allahabad High Court on the ground of lack of jurisdiction. The Court examined whether the High Court could exercise revisional jurisdiction under …

NIRANJAN SINGH & ANR.versusPRABHAKAR RAJARAM KHAROTE & ORS.

1980 INSC 44Disposed off

The petitioner, a complainant, alleged that police officers abducted and murdered his brother. A private complaint led to an inquiry under Section 202 Cr.P.C., after which non‑bailable warrants were issued. The accused police applied for bail; the Sessions Court granted bail with conditions, and the …

MANTOO MAJUMDAR & BASDEV SINGHversusSTATE OF BIHAR

1980 INSC 35Case Allowed

Mantoo Majumdar and Basdev Singh were detained for over seven years in Bihar prisons on the basis of alleged involvement in 1971-72 offences, without any charge sheet or completed investigation. They filed a habeas corpus petition under Article 32 of the Constitution challenging the legality of …

UNION OF INDIA ETC.versusK. R. TAHILIANI & ANR.

1980 INSC 34Dismissed

Two government servants, including K.R. Tahiliani, were compulsorily retired under Rule 56(j)(i) of the Fundamental Rules after turning 50 while serving in an officiating capacity in Class I or Class II posts. They challenged the retirements through petitions under Article 226, and the Union …

SUBHASH CHANDRA AND ORS.versusSTATE OF U.P. AND ORS.

1980 INSC 22Dismissed

The petition challenged a condition imposed by the Regional Transport Authority that contract carriage permits could not be renewed for buses older than seven years, alleging it was ultra vires Section 51(2)(x) of the Motor Vehicles Act, 1939 and violated Article 19(1)(g) of the Constitution. The …

JOLLY GEORGE VERGHESE & ANR.versusTHE BANK OF COCHIN

1980 INSC 19

The appellants, judgment‑debtors, had decrees for payment of money against the Bank of Cochin and their properties were attached with a receiver appointed. The execution court issued a warrant for their arrest and detention in civil prison under Section 51 of the Code of Civil Procedure and Order 21 …

P. S. R. SADHANANTHAMversusARUNACHALAM & AIIR.

1980 INSC 16Dismissed

The accused, S. R. Sadhanantham, was acquitted by the Madras High Court of murder (s.302 IPC) and assault (s.148 IPC). The victim's brother, Arunachalam, filed a special leave petition under Article 136 of the Constitution, obtained leave, and the Supreme Court set aside the acquittal, restoring …

P. N. ESWARA IYERversusTHE REGISTRAR, SUPREME COURT OF INDIA

1980 INSC 17Dismissed

The petitioners challenged the amendment to Order XL, Rule 3 of the Supreme Court Rules, which allows review petitions to be disposed of by circulation without oral arguments, alleging violations of Articles 14, 19, 21 and the right to a public hearing under Article 32. The Court examined whether …

ASHOK KUMARversusSTATE (DELHI ADMJNISTRATION)

1980 INSC 13Appeal(s) allowed

Ashok Kumar, a 19‑year‑old college student, was convicted of scooter theft (two years' imprisonment and a Rs.2,000 fine) and car theft (converted to an offence under Section 411 IPC, resulting in six months' imprisonment and a Rs.500 fine). He appealed solely on the sentence, arguing his youth and …

JAGDISH SARAN & ORS.versusUNION OF INDIA & ORS .

1980 INSC 11Dismissed

The University of Delhi reserved 70% of its 250 post‑graduate medical seats for its own graduates, denying admission to a Madras University graduate who had qualified in the entrance test. The petitioner challenged the rule under Articles 14, 15 and 16 of the Constitution, arguing it was …

NORTHERN INDIA CATERERS (INDIA) LTD.versusLT. GOVERNOR OF DELHI

1979 INSC 274Dismissed

Northern India Caterers (India) Ltd., which runs a hotel and restaurant, challenged a Delhi sales‑tax assessment on the ground that meals served to casual diners were taxable as a sale. The Supreme Court had earlier held that such service was not a sale because diners could not take away unconsumed …

PREMJI BHAI PARMAR & OTHERS ETC.versusDELHI DEVELOPMENT AUTHORITY & OTHERS

1979 INSC 279Dismissed

The petitioners, allottees of Middle‑Income Group flats constructed by the Delhi Development Authority (DDA), challenged the levy of a surcharge added to the purchase price, alleging it violated Article 14’s equality clause and the DDA’s statutory ‘no‑profit‑no‑loss’ policy. They also contended that …

DHARAM DEV MEHTAversusTHE UNION OF INDIA & OTHERS

1979 INSC 273Appeal(s) allowed

The appellant, D.D. Mehta, a government servant appointed by the Comptroller & Auditor General, was compulsorily retired under Rule 56(j) of the Fundamental Rules by an order issued by the Director of Commercial Audit. The issue before the Supreme Court was whether the Director of Commercial Audit …

SUNIL BATRAversusDELHI ADMINISTRATION

1979 INSC 271Case Allowed

Sunil Batra, a death‑row convict, wrote to the Supreme Court alleging that another prisoner, Prem Chand, had been brutally tortured by a warder in Tihar Jail to extort money. The Court, acting on a habeas corpus petition under Article 32, appointed amicus curiae who verified the injury and the …

VASANT NARAYAN PAWARversusSTATE OF MAHARASHTRA

1979 INSC 269Dismissed

The Supreme Court dismissed a Special Leave Petition filed by Vasant Narayan Pawar, who was convicted for allegedly burning his wife to death. The petitioner argued that the dying declaration of the victim, in which she said her husband should not be beaten even as she was dying, should exonerate …

RAJKAPOOR S/O PRITHVIRAJ KAPOORversusLAXMAN S/O KISHANLAL GAVAI

1979 INSC 267Appeal(s) allowed

The producer of the film "Satyam Shivam Sundaram" was prosecuted under Section 292 of the Indian Penal Code for alleged obscenity after a complaint was filed. The film had been granted an "A" certificate for public exhibition by the Central Board of Film Censors under Section 5A of the Cinematograph …

DHANI RAM GUPTA & ORS.versusLALA SRI RAM & ANR.

1979 INSC 263Appeal(s) allowed

Rattan Lal sold land to Sri Ram and later agreed to reconvey it for a price. Sri Ram sued for specific performance and obtained a decree, which Rattan Lal assigned to Dhani Ram Gupta and another. The assignees filed an execution application under Order XXI‑Rule 16, giving notice to both the …

SHYAMCHARAN SHARMAversusDHARAMDAS

1979 INSC 257

The landlord sought eviction of the tenant under the Madhya Pradesh Accommodation Control Act, 1961, for failure to pay rent arrears. The trial court allowed the tenant to claim protection under section 12(3) after he deposited the arrears, and dismissed the eviction suit. While the appeal was …

K. KALPANA SARASWATHIversusP. S. S. SOMASUNDRAM CHETTIAR

1979 INSC 253Dismissed

In 1967 the defendant agreed to sell his house to the plaintiff for Rs. 4 lakhs, subject to an equitable mortgage in favour of South Indian Bank. The trial court ordered specific performance, directing the plaintiff to deposit the mortgage amount with interest, but she failed to do so within the …

K. KALPANA SARASWATHIversusP. S. S. SOMASUNDRAM CHETTIAR

1979 INSC 254Disposed off

In 1967 the defendant agreed to sell his house to the plaintiff for Rs. 4 lakhs, subject to an equitable mortgage in favour of South Indian Bank. The trial court ordered specific performance, directing the plaintiff to deposit the mortgage amount with interest, but she failed to do so within the …

UNION OF INDIAversusSATISH CHANDRA SHARMA

1979 INSC 252Appeal(s) allowed

The Union of India, acting through the Railway Department, removed a railway inspector, Satish Chandra Sharma, for alleged misconduct and later ordered his reinstatement and back pay through an interim injunction. Sharma failed to comply with the injunction, prompting the trial court, under Order 39 …

MANI SUBRAT JAINversusRAJA RAM VOHRA

1979 INSC 245Appeal(s) allowed

Mani Subrat Jain, an advocate, was a tenant of a building owned by Raja Ram Vohra. The landlord sued for possession and the parties entered a compromise whereby Jain agreed to vacate by a specified date, and a decree for possession was passed on 9‑Oct‑1972. The East Punjab Urban Rent Restriction …

GUJARAT STEEL TUBES LTD.versusGUJARAT STEEL TUBES MAZDOOR SABHA

1979 INSC 244Dismissed

Gujarat Steel Tubes Ltd. and its workers' union, Gujarat Steel Tubes Mazdoor Sabha, clashed after the company terminated 853 employees during an illegal strike. The dispute was referred to arbitration under Section 10A of the Industrial Disputes Act, 1947, and the arbitrator upheld the dismissals. …

SHIV SHANKER DAL MILLS ETC. ETC.versusSTATE OF HARYANA & ORS. ETC.

1979 INSC 233Disposed off

The Supreme Court considered a series of appeals and writ petitions filed by traders who had paid market fees at a 3% rate under Haryana Act No. 32 of 1977, which was later held ultra vires for exceeding the authorized 2% rate. The Court examined whether the market committees were liable to refund …

RAJ KAPOOR AND ORS.versusSTATE AND OTHERS

1979 INSC 224Appeal(s) allowed

The appellants, film producers of "Satyan, Shivam, Sundaram", were summoned by a Metropolitan Magistrate under sections 292, 293 and 34 of the IPC after a complaint alleging obscenity. They challenged the summons before the Delhi High Court under section 482 of the Criminal Procedure Code, but the …

STATE OF PUNJABversusGURDIAL SINGH & ORS.

1979 INSC 222Dismissed

The State of Punjab sought to acquire land for a grain market, initially notifying the land of respondents 1‑21 in 1969, later withdrawing it, and re‑notifying in 1971. The High Court struck down that acquisition as mala fide. The State then re‑initiated acquisition using the emergency provisions of …

STATE OF PUNJABversusLABOUR COURT, JULLUNDUR & ORS

1979 INSC 210Appeal(s) allowed

The Supreme Court examined whether the Hydel Upper Bari Doab Construction Project, undertaken by the Punjab Hydel Department, qualified as an "establishment" under Section 1(3)(b) of the Payment of Gratuity Act, 1972, and whether the retrenchment of its workers entitled them to gratuity. It held …

RAM PRASAD SAHU AND ORS.versusSTATE OF BIHAR

1979 INSC 205Case Partly allowed

The Supreme Court examined appeals by several accused convicted under IPC s.302 read with s.149 and s.325 for a murder. The High Court had reduced both convictions and sentences, but the appellants challenged the convictions and argued that the sentences were excessive. The Court held that, under …

SWAMI SARAN SAKSENAversusSTATE OF U.P.

1979 INSC 204Appeal(s) allowed

Swami Saran Saksena, a temporary judicial officer appointed in 1954, faced multiple terminations and reinstatements before being allowed to cross the second Efficiency Bar in June 1973. In August 1974, the Uttar Pradesh Government compulsorily retired him under Note 1 to Article 465-A of the Civil …

COMMISSIONER-OF INCOME-TAX, ANDHRA PRADESHversusT. N. ARAVINDA REDDY

1979 INSC 198Dismissed

The respondent, T.N. Aravinda Reddy, sold his own house and, to avoid capital gains tax, acquired the family house jointly owned with his three brothers by executing three release deeds, each for a consideration of Rs. 30,000. The issue before the Supreme Court was whether such release deeds …

RATTAN SINGHversusSTATE OF PUNJAB

1979 INSC 195Dismissed

Rattan Singh, a heavy‑vehicle driver, was convicted under Section 304A of the Indian Penal Code for causing the death of a scooterist through rash and negligent driving and was sentenced to two years' rigorous imprisonment. He filed a Special Leave Petition (Crl. No. 953 of 1979) before the Supreme …

MUNDRIKA PRASAD SINHAversusSTATE OF BIHAR

1979 INSC 192Dismissed

M. P. Sinha, the Government Pleader for Patna district, was authorized to represent the State in all civil matters. When the Bihar Government appointed nine Assistant Government Pleaders and assigned a large batch of land‑acquisition cases to one of them, Sinha refused to hand over the briefs, …

C. B. MUTHAMMAversusUNION OF INDIA & ORS.

1979 INSC 184Dismissed

Miss C. B. Muthamma, a senior Indian Foreign Service officer, challenged her denial of promotion on the grounds that two service rules discriminated against women. She argued that Rule 8(2) required women to obtain government permission before marriage and allowed forced resignation, while Rule …

BACHAN SINGH ETC.versusSTATE OF PUNJAB

1979 INSC 182Dismissed

The accused were convicted under sections 304 Part I read with 149 IPC and sentenced to imprisonment. They filed an appeal under section 377 CrPC against their conviction and sentence, while the State filed an appeal under section 302 IPC and a revision petition under section 401 CrPC seeking …

PHUL SINGHversusSTATE OF HARYANA

1979 INSC 176Case Partly allowed

Phul Singh, a 22‑year‑old, was convicted of raping his cousin's wife and sentenced to four years' rigorous imprisonment by the Sessions Court, a decision affirmed by the High Court. On appeal before the Supreme Court, the appellant argued his youth, lack of prior convictions, and the forgiveness of …

SUSHIL CHOWDHARY AND ORS.versusSTATE OF BIHAR

1979 INSC 175Dismissed

The Supreme Court dismissed an appeal by special leave concerning the convictions of Munni Marandi and Babua Marandi for offences under Section 149 read with Section 326 of the IPC. Munni, an adult, was found to have participated in a crowd that chased the deceased and was sentenced to two years of …

V.K.GUPTAversusNIRMALA GUPTA

1979 INSC 170Hearing Adjourned

In V.K. Gupta v. Nirmala Gupta, the husband filed a petition for divorce under Section 13(1)(b) of the Hindu Marriage Act. The Delhi High Court, both the single judge and the division bench, refused to dissolve the marriage. On appeal, the Supreme Court emphasized that the court's primary role in …

SHARIF AHMEDversusSTATE OF U.P.

1979 INSC 154Dismissed

Sharif Alimed was convicted under sections 7 and 16 of the Prevention of Food Adulteration Act for mixing a prohibited coal‑tar dye with powdered chillies. The Allahabad High Court reduced his sentence on the ground that the Public Analyst's report did not specifically state that the colour was …

S. B. NORONAHversusPREM KUMAR! KHANNA

1979 INSC 151Dismissed

A landlady repeatedly let her premises to a tenant for residential purposes under Section 21 of the Delhi Rent Control Act, 1958, obtaining the Controller's sanction each time. When the lease expired, she sought summary eviction via an execution petition, which the Controller rejected on the ground …

INDERJEETversusSTATE OF UTTAR PRADESH & ANR.

1979 INSC 149Dismissed

Inderjeet filed a writ petition under Article 32 challenging the constitutionality of Section 7 read with Section 16 of the Prevention of Food Adulteration Act, which imposes absolute liability and a mandatory minimum six‑month imprisonment for anyone found guilty of selling adulterated food, …

BASELIUS MAR THOMA MATHEWS & ORS.versusPAULOSE MAR ATHANASIUS &. ORS.

1979 INSC 147Appeal(s) allowed

A large number of suits involving a religious community in Kerala were pending in various courts. The High Court and the State Government selected eight significant suits and created an Additional District Court to try them. After evidence was recorded, an application under Section 24(1)(b) of the …

VUAYSINGH RATHOREversusMURARILAL & ORS.

1979 INSC 141Case Partly allowed

The appellant, a practising advocate, certified the solvency of a surety for his client in a bailable offence, violating Rule 10 of the Bar Council of India’s professional conduct rules. The Disciplinary Tribunal of the Bar Council suspended him for one month, and his appeal to the Supreme Court was …

RAMA VERMA BHARATHAN THAMPURANversusSTATE OF KERALA AND ORS.

1979 INSC 133Dismissed

The petition challenged the constitutional validity of the Kerala Joint Hindu Family System (Abolition) Amendment Act, 1978, which omitted Sections 4 and 5 of the 1961 Valiamma Thampuram Kovilakam Estate and Palace Fund (Partition) Act and excluded civil‑court jurisdiction over partition of the …

ASSISTANT COLLECTOR OF CENTRAL EXCISEversusJAINSON HOSIERY INDUSTRIES

1979 INSC 128Dismissed

The Assistant Collector of Central Excise filed a Special Leave Petition challenging a Punjab and Haryana High Court order that granted relief under Article 226 of the Constitution despite the existence of a statutory remedy under the Central Excise Act. The Supreme Court examined whether the High …

DEVKI ALIAS KALAversusTHE STATE OF HARYANA

1979 INSC 124Dismissed

The petitioner, Devki alias Kala, was convicted under Sections 366 and 368 of the Indian Penal Code for abducting, seducing, and selling a 17‑year‑old girl. The High Court upheld the conviction under Section 366 and set aside the conviction under Section 368, imposing three years of rigorous …

ORGANO CHEMICAL INDUSTRIES & ANR.versusUNION OF INDIA & ORS.

1979 INSC 123Dismissed

Organo Chemical Industries failed to remit provident‑fund and family‑pension contributions and was assessed damages of Rs 94,996.80 under s. 14B of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952. The petitioners challenged the provision on the ground that it violated Art. 14 by …

D. D. SURIversusUNION OF INDIA AND ANR.

1979 INSC 120Dismissed

D.D. Suri, an emergency recruit from the open market, was appointed to the Indian Administrative Service (IAS) in 1950 and was assigned a year of allotment of 1944 by the Government of India, affecting his seniority. He sought a higher year of allotment (1942), additional pay for holding two posts …

DHARAMBIR AND ANR.versusSTATE OF U.P.

1979 INSC 117Dismissed

The Supreme Court dismissed a Special Leave Petition filed by Dharmabir and another appellant challenging their conviction for murder under Section 302 of the Indian Penal Code and the imposition of life imprisonment. While upholding the conviction and sentence as beyond judicial interference, the …

ALADANKANDU PUTHIYAPURAYIL ABDULLAversusFOOD INSPECTOR, CANNANORE & ANR.

1979 INSC 118Dismissed

Aladankandu Puthiyapurayil Abdulla filed a Special Leave Petition before the Supreme Court challenging the delay in his trial for alleged food adulteration offences under the Prevention of Food Adulteration Act. The alleged incident occurred in 1972, but the trial was not conducted until 1977, …

UNION OF INDIA & ORS. ETC.versusE. S. SOUNDARAJAN ETC.

1979 INSC 77Disposed off

The case concerned railway employees classified as Commercial Clerks and Assistant Station Masters/Station Masters (ASM/SM) whose pay scales were revised under a "New Deal" in 1956, resulting in some ASM/SM receiving lower pay than Commercial Clerks. The employees claimed this constituted …