ASHOKA MARKETING LIMITED SAHU JAIN SERVICES LIMITED K B PARSAI BENNETT COLEMAN AND COMPANY LIMITED Vs. PUNJAB NATIONAL BANK:PUNJAB NATIONAL BANK:UNION OF INDIA:LIFE INSURANCE CORPORATION OF INDIA
LAWS(SC)-1990-8-53
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on August 07,1990

ASHOKA MARKETING LIMITED,SAHU JAIN SERVICES LIMITED,K.B.PARSAI,BENNETT COLEMAN AND COMPANY LIMITED Appellant
VERSUS
UNION OF INDIA,LIFE INSURANCE CORPORATION OF INDIA,PUNJAB NATIONAL BANK Respondents





Cited Judgements :-

UNION OF INDIA VS. DISTRICT JUDGE [LAWS(GAU)-2006-4-28] [REFERRED TO]
MUJEEBUNISSA BEGUM VS. GOVERNMENT OF A.P. [LAWS(APH)-2014-3-10] [REFERRED TO]
SATESH JAIN OSWAL VS. SINGARENI COLLIERIES CO LTD [LAWS(APH)-2004-8-21] [REFERRED TO]
BALASUBRAMANIAM VS. COMMISSIONER CORPORATION OF CHENNAI [LAWS(MAD)-2009-11-658] [REFERRED TO]
DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD VS. DELHI TANNERIES AND LEATHER GOODS [LAWS(DLH)-2013-7-33] [REFERRED TO]
DCM LIMITED VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2012-9-565] [REFERRED TO]
DAMAYANTI VERMA VS. LIC [LAWS(DLH)-2011-7-430] [REFERRED TO]
DELHI AUTOMOBILES LTD VS. UNION OF INDIA [LAWS(DLH)-2012-10-86] [REFERRED TO]
JAI GANESH SRA CHS (PROP) AND ANR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-7-84] [REFERRED TO]
NATIONAL ASSN, OF THE DEAF THROUGH ITS JOINT SECY VS. UNION OF INDIA [LAWS(DLH)-2011-2-426] [REFERRED TO]
A.S. NIZAR AHMED & COMPANY LTD. VS. COLLECTOR OF VELLORE DISTRICT [LAWS(MAD)-2002-4-222] [REFERRED TO]
ADAIR DUTT AND CO INDIA P LTD VS. APPROPRIATE AUTHORITY [LAWS(MAD)-2002-7-8] [REFERRED TO]
MADHYA PRADESH ELECTRICITY BOARD RAMPUR JABALPUR VS. BADRI PRASAD [LAWS(MPH)-2003-3-43] [REFERRED TO]
MEENA AGRAWAL VS. CHIEF MUNICIPAL OFFICER MUNICIPAL COUNCIL SHIVPURI [LAWS(MPH)-2005-9-43] [REFERRED TO]
GOROBA S/O PANDURANG GADEKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-8-50] [REFERRED TO]
MINOO FRAMROZE BALSARA VS. UNION OF INDIA [LAWS(BOM)-1991-2-37] [RELIED ON]
JAYANTILAL DHARAMSI VS. BOARD OF TRUSTEES OF PORT OF BOMBAY [LAWS(BOM)-1990-10-28] [REFERRED TO]
KOTWALI, TOWN & DISTRICT-PATNA VS. STATE OF BIHAR WITH [LAWS(PAT)-2009-4-155] [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. ROSHAN K IRANI [LAWS(BOM)-2006-3-211] [REFERRED TO]
STATE DELHI ADMINISTRATION VS. S R VIJ [LAWS(DLH)-1999-9-101] [REFERRED]
SATBIR SINGH VS. LT GOVERNOR [LAWS(DLH)-2002-9-271] [REFERRED TO]
KARAMJIT SINGH VS. STATE OF PUNJAB & ORS. [LAWS(P&H)-2009-11-185] [REFERRED TO]
CRAWFORD BAYLEY AND COMPANY VS. UNION BANK OF INDIA [LAWS(BOM)-2003-4-91] [REFERRED TO]
SUSHMA RANI JHANJEE VS. MARGAO MUNICIPAL COUNCIL [LAWS(BOM)-1999-1-68] [REFERRED TO]
JAWAHAR SINGH AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2013-5-386] [REFERRED TO]
GUJARAT URJA VIKAS NIGAM LIMITED VS. AMIT GUPTA [LAWS(SC)-2021-3-23] [REFERRED TO]
FORTUNE GRAND MANAGEMENT PVT. LTD. VS. DELHI TOURISM & TRANSPORT DEVELOPMENT CORPORATION [LAWS(DLH)-2016-4-69] [REFERRED TO]
DDA VS. BHAIRON JI MANDIR SAMITI AND ORS. [LAWS(DLH)-2016-2-208] [REFERRED TO]
INTERNATIONAL AMUSEMENT LIMITED VS. INDIA TRADE PROMOTION ORGANISATION [LAWS(SC)-2014-12-64] [REFERRED TO]
Arjunlal Agrawal VS. Union of India [LAWS(MPH)-1997-1-50] [REFERRED TO]
DELHI SARKARI RATION DEALERS SANGH DELHI VS. COMMISSIONER FOOD AND SUPPLIES GOVT OF NCT OF DELHI [LAWS(DLH)-2022-5-294] [REFERRED TO]
VIPIN KUMAR VS. UNION OF INDIA [LAWS(ALL)-2007-11-109] [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. M/S ANANT RAJ AGENCIES PVT. LTD. [LAWS(SC)-2016-4-6] [REFERRED TO]
SUHAS H. POPHALE VS. ORIENTAL INSURANCE CO. LTD. [LAWS(SC)-2014-2-15] [REFERRED TO]
DINA NATH VS. SUBHASH CHAND SAINI [LAWS(SC)-2014-4-40] [REFERRED TO]
ESSA @ ANJUM ABDUL RAZAK VS. STATE OF MAHARASHTRA [LAWS(SC)-2013-3-49] [REFERRED TO]
PRASHANT MEHTA VS. NATIONAL LAW UNIVERSITY [LAWS(RAJ)-2019-5-125] [REFERRED TO]
UNION OF INDIA VS. EX-SERVICEMEN COOPERATIVE COLLECTIVE FARMING SOCIETY LTD. [LAWS(P&H)-2013-10-158] [REFERRED TO]
S.RAJESHKUMAR VS. SUPERINTENDENT OF POLICE [LAWS(MAD)-2019-1-573] [REFERRED TO]
AUTHORISED OFFICER VS. EMPLOYEES' PROVIDENT FUND ORGANISATION [LAWS(MAD)-2019-10-139] [REFERRED TO]
GUDDU KUMAR YADAV VS. STATE OF BIHAR [LAWS(PAT)-2019-11-82] [REFERRED TO]
DR. SHEKHAR SHAH VS. GOVERNMENT OF MAHARASHTRA [LAWS(DLH)-2016-8-37] [REFERRED TO]
BOUGAINVILLEA MULTIPLEX & ENTERTAINMENT CENTER PVT. LTD. VS. INDIA TOURISM DEVELOPMENT CORPORATION LIMITED [LAWS(DLH)-2017-1-142] [REFERRED TO]
INDIAN STATISTICAL INSTITUTE VS. SOUTH DELHI MUNICIPAL CORPORATION ASSESSMENT AND COLLECTION DEPARTMENT [LAWS(DLH)-2016-3-129] [REFERRED TO]
UOI AND ORS. VS. MOHINDER PRATAP SONI AND ORS. [LAWS(DLH)-2016-5-4] [REFERRED TO]
AZAD TRANSPORT COMPANY PVT. LTD. AND ORS. VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2016-3-6] [REFERRED TO]
G BASAWARAJ VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2010-10-17] [REFERRED TO]
CITIZENS WELFARE SOCIETY VS. UNION OF INDIA, REP. [LAWS(APH)-2017-6-14] [REFERRED TO]
BANK OF INDIA VS. BANK OF INDIA OFFICERS ASSOCIATION A P UNIT [LAWS(APH)-1995-8-43] [REFERRED TO]
MARUTI SUZUKI INDIA LTD VS. INDIA TOURISM DEVELOPMENT CORPORATION LTD [LAWS(DLH)-2011-9-615] [REFERRED TO]
PRAKATI RAI VS. STATE OF U.P. [LAWS(ALL)-2019-10-222] [REFERRED TO]
YOGESH AGARWAL VS. ESTATE OFFICER AND ORS. [LAWS(ALL)-2016-1-149] [REFERRED TO]
PUNJAB CHEMICALS & CROP PROTECTION LTD VS. HINDUSTAN ANTIBIOTICS LTD [LAWS(BOM)-2016-8-165] [REFERRED]
JAGAT TALKIES DISTRIBUTORS VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-2007-12-98] [REFERRED TO]
ESCORTS HEART INSTITUTE AND RESEARCH CENTRE LTD VS. D D A [LAWS(DLH)-2007-9-26] [REFERRED TO]
JAGAT TALKIES DISTRIBUTORS VS. M C D [LAWS(DLH)-2008-2-394] [REFERRED TO]
THE INDIAN EXPRESS LIMITED AND ORS. VS. CHANDRA PRAKASH SHIVHARE [LAWS(BOM)-2015-10-129] [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. ADVANI AND COMPANY [LAWS(ALL)-2000-5-45] [REFERRED TO]
KAILASH NATH YADAV VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2001-8-63] [REFERRED TO]
INDIA TRADE PROMOTION ORGANISATION VS. INTERNATIONAL AMUSEMENT LIMITED [LAWS(DLH)-2007-7-236] [REFERRED TO]
MOHAMMAD JUNED VS. STATE OF M.P. [LAWS(MPH)-2014-10-130] [REFERRED TO]
RAMA IYER VS. ADDL DISTRICT JUDGE [LAWS(KER)-1992-2-18] [REFERRED TO]
JAYALAKSHMI VS. UNION OF INDIA [LAWS(KER)-2005-12-56] [REFERRED TO]
PREMLATA BHATIA VS. UNION OF INDIA [LAWS(DLH)-2003-10-60] [REFERRED]
ATMA RAM PROPERTIES P LTD VS. ALLAHABAD BANK [LAWS(DLH)-2004-8-114] [REFERRED TO]
NEW BANK OF INDIA VS. SUKHBIR SINGH SETHI [LAWS(HPH)-1997-11-24] [REFERRED TO]
KESAR ENTERPRISES LTD. VS. UNION OF INDIA [LAWS(DLH)-1994-3-72] [REFERRED TO]
GIRDHARI LAL M ADVANI VS. ESTATE OFFICER [LAWS(DLH)-1995-1-28] [RELIED]
UNITED INDIA INSURANCE CO LTD VS. HONGKONG AND SHANGHAI BANKING CORPORATION LTD [LAWS(BOM)-2007-3-79] [REFERRED TO]
DHARMENDRA KUMAR SINGH VS. STATE OF U P [LAWS(ALL)-2012-5-117] [REFERRED TO]
QUILON D.P.B. OPERATORS ASSN. VS. STAT AND OTHERS [LAWS(KER)-1971-7-31] [REFERRED TO]
T. S. GOVINDA SHETTY VS. STATE OF KARNATAKA [LAWS(KAR)-2021-9-231] [REFERRED TO]
PUSHPAVATHI VS. CHAIRMAN MANAGING DIRECTOR [LAWS(KAR)-1999-10-26] [REFERRED TO]
ITC LTD VS. UNION OF INDIA [LAWS(KAR)-2011-2-31] [REFERRED TO]
MAFATLAL DENIM LIMITED VS. SICOM LIMITED [LAWS(GJH)-2009-8-3] [REFERRED TO]
ANDAMAN AND NICOBAR ADMINISTRATION VS. SHYAMAL CHOWDHURY [LAWS(CAL)-2021-9-82] [REFERRED TO]
MAHARAJA FATEHSINH RAO ZOO TRUST VS. STATE OF GUJARAT AND ANOTHER [LAWS(GJH)-1999-5-56] [REFERRED TO]
COMPETENT OFFICER GUJARAT HOUSING BOARD VS. K B PARMAR [LAWS(GJH)-1991-4-33] [FOLLOWED]
PHILLIPS AND COMPANY VS. ORIENTAL INSURANCE CO LTD [LAWS(BOM)-1995-8-20] [REFERRED TO]
MRS. RANI SEVAKRAM VS. THE ORIENTAL INSURANCE CO. LTD. [LAWS(BOM)-2017-2-202] [REFERRED TO]
INDIAN RED CROSS SOCIETY VS. MANOHAR JASWANI [LAWS(RAJ)-2006-4-204] [REFERRED TO]
HYDERABAD ENGINEERING INDUSTRIES VS. A P INDUSTRY FACILITATION COUNCIL [LAWS(APH)-2004-2-125] [REFERRED TO]
SVPCL LIMITED VS. STATE BANK OF INDIA [LAWS(APH)-2015-4-26] [REFERRED TO]
P RAM BABU VS. UNION OF INDIA [LAWS(APH)-2011-9-75] [REFERRED TO]
SHYAMAL CHOWDHURY VS. ANDAMAN AND NICOBAR ADMINISTRATION AND OTHERS [LAWS(CAL)-2017-12-204] [REFERRED TO]
VIKAS JAIN VS. UNION OF INDIA [LAWS(DLH)-2006-5-140] [REFERRED TO]
MOHD IRSHAD ALIAS SHIV RAJ VS. STATE OF DELHI [LAWS(DLH)-2006-8-110] [REFERRED TO]
L D NAYAR VS. PUNJAB NATIONAL BANK [LAWS(DLH)-2008-5-59] [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. BANATWALA AND COMPANY [LAWS(BOM)-2009-9-42] [REFERRED TO]
UNION OF INDIA VS. ARUN SALUZA [LAWS(ALL)-2015-2-163] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. M/S CARLTON HOTEL PVT LTD. RANA PRATAP MARG LUCKNOW [LAWS(ALL)-2017-1-369] [REFERRED TO]
SINGER INDIA LIMITED VS. LIFE INSURANCE CORP OF INDIA [LAWS(ALL)-2015-7-38] [REFERRED TO]
MICROWAVE COMMUNICATION LTD. PETITIONERS VS. UNION OF INDIA AND ORS. RESPONDENT [LAWS(DLH)-1999-10-95] [REFERRED TO]
JIWAN DAS VS. LIFE INS CORP OF INDIA [LAWS(DLH)-1993-9-14] [CITED]
SHALAN NARAYAN DAPPAL VS. BOARD OF TRUSTEES OF THE PORT OF BOMBAY [LAWS(BOM)-2009-1-61] [REFERRED TO]
A V GEORGE VS. PUNJAB NATIONAL BANK [LAWS(KER)-2018-3-163] [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. ARUN KUMAR MAITRA [LAWS(CAL)-2005-4-58] [REFERRED TO]
M/S. CHEMICAL MOULDING AND MANUFACTURING CO. LTD. VS. LIFE INSURANCE CORPORATION OF INDIA [LAWS(CAL)-2005-8-112] [REFERRED TO]
MIRTA LINA PRIVATE LIMITED VS. LIFE INSURANCE CORPORATION OF INDIA & ORS. [LAWS(CAL)-1999-8-56] [REFERRED TO]
ABG SHIPYARD LTD VS. ICICI BANK LTD & ORS [LAWS(NCLT)-2017-11-757] [REFERRED TO]
DATAMATICS CORPORATION VS. BANK OF INDIA [LAWS(KAR)-2000-5-7] [REFERRED TO]
SIRUGUPPA SUGARS AND CHEMICALS LIMITED VS. COMMISSIONER OF LABOUR GOVERNMENT OF KARNATAKA [LAWS(KAR)-2001-12-18] [REFERRED TO]
PUNJAB STATE ELECTRICITY BOARD VS. BASSI COLD STORAGE KHARAR [LAWS(SC)-1994-3-4] [RELIED ON]
G JAYALAKSHMI VS. UNION BANK OF INDIA [LAWS(KER)-2005-12-46] [REFERRED TO]
DCM LIMITED VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2013-3-189] [REFERRED TO]
ASHA CHAWLA VS. UNION OF INDIA [LAWS(P&H)-2011-8-37] [REFERRED TO]
ATMA RAM VS. PANJAB UNIVERSITY [LAWS(P&H)-2010-5-240] [REFERRED TO]
UCO BANK VS. RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION [LAWS(MAD)-2019-11-218] [REFERRED TO]
R C DOGRA VS. STATE OF HARYANA [LAWS(P&H)-1997-7-266] [REFERRED]
ROURKELA DEVELOPMENT AUTHORITY VS. ROURKELA DEVELOPMENT AUTHORITY [LAWS(ORI)-2011-2-12] [REFERRED TO]
SECURITY ASSOCIATION OF INDIA VS. UNION OF INDIA [LAWS(SC)-2014-4-138] [REFERRED TO]
TATA CONSULTANCY SERVICES LIMITED VS. VISHAL GHISULAL JAIN [LAWS(SC)-2021-11-51] [REFERRED TO]
COMPETITION COMMISSION OF INDIA VS. BHARTI AIRTEL LIMITED AND OTHERS [LAWS(SC)-2018-12-14] [REFERRED TO]
UNION OF INDIA VS. ASHOK KUMAR MITRA [LAWS(SC)-1995-2-114] [FOLLOWED]
G SURESH BABU VS. ASST SUPERINTENDENT OF POLICE [LAWS(KER)-2006-1-40] [REFERRED TO]
MUKUNDSING YADAV VS. MAJOR JOGENDRASING Z YADAV [LAWS(GJH)-1991-10-21] [FOLLOWED]
MICOLUBE INDIA LIMITED VS. RAKESH KUMAR TRADING AS SAURABH INDUSTRIES [LAWS(DLH)-2013-5-151] [REFERRED TO]
DUNLOP INDIA LTD VS. BANK OF BARODA [LAWS(DLH)-2012-4-64] [REFERRD TO]
LASCO VS. LIFE INSURANCE CORPORATION OF INDIA [LAWS(CAL)-2006-4-3] [REFERRED TO]
PODDUTURI VASANTHA REDDY VS. ESTATE OFFICER AIRPORTS AUTHORITY OF INDIA N A D [LAWS(APH)-2009-9-52] [REFERRED TO]
TRIVENI STORES VS. SINGARENI COLLIERIES COMPANY LTD [LAWS(APH)-2004-8-125] [REFERRED TO]
P RAM BABU VS. UNION OF INDIA REP BY ITS GENERAL MANANGER EAST COAST RAILWAY BHUBANESWAR ORISSA STATE [LAWS(APH)-2011-9-92] [REFERRED TO]
PATEL & KAMANI AGENCIES, A PARTNERSHIP FIRM THROUGH ONE OF ITS PARTNERS SRI. NAKUL KAMANI VS. THE LIFE INSURANCE CORPORATION OF INDIA, ZONAL OFFICE, PATNA, STATE OF BIHAR AND OTHERS [LAWS(JHAR)-2016-1-156] [REFERRED TO]
RELIANCE INDUSTRIES LIMITED VS. STATE OF U P [LAWS(ALL)-2012-9-9] [REFERRED TO]
ANIL MAHAJAN VS. ESTATE OFFICER AND 2 OTHERS [LAWS(ALL)-2013-9-366] [REFERRED]
M/S. NEW HINDUSTHAN MERCANTILE CO. VS. UCO BANK [LAWS(CAL)-2012-7-250] [REFERRED TO]
T K WAREHOUSING ENTERPRISE PVT LTD VS. JUTE & EXPORTS LIMITED [LAWS(CAL)-2015-9-170] [REFERRED]
MRS G.S.J. SHAPOORJEE VS. ALLAHABAD DEVELOPMENT AUTHORITY, ALLAHABAD AND OTHERS [LAWS(ALL)-2016-4-429] [REFERRED TO]
IRSHAD ALIAS SHIV RAJ MOHD VS. STATE OF DEHI [LAWS(DLH)-2006-8-105] [REFERRED TO]
ORIENTAL BANK OF COMMERCE VS. S M CHOPRA [LAWS(ALL)-1999-10-17] [REFERRED TO]
NUSLI NEVILLE WADIA VS. NEW INDIA ASSURANCE CO LTD [LAWS(BOM)-2010-2-154] [REFERRED TO]
MULTI COMMODITY EXCHANGE OF INDIA LIMITED VS. CENTRAL ELECTRICITY REGULATORY COMMISSION [LAWS(BOM)-2011-2-49] [REFERRED TO]
MAYUR SYNTEX LTD VS. PUNJAB AND SIND BANK [LAWS(DLH)-1997-5-103] [REFERRED]
NISHA VS. PUNJAB NATIONAL BANK [LAWS(DLH)-2000-9-70] [REFERRED]
PETROLEUM AND PETROCHEMICAL PURVEYOR VS. UNION OF INDIA [LAWS(DLH)-1994-3-41] [REFERRED]
AMARJEET SINGH VS. STATE OF H.P. [LAWS(HPH)-1999-11-5] [REFERRED]
LIFE INSURANCE CORPORATION OF INDIA VS. ADDITIONAL DISTRICT JUDGE, DEHRADUN [LAWS(UTN)-2019-11-27] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LTD VS. NUSLI NEVILLE WADIA [LAWS(SC)-2007-12-56] [REFERRED TO]
EMPLOYEES PROVIDENT FUND COMMISSIONER VS. O L OF ESSKAY PHARMACEUTICALS [LAWS(SC)-2011-8-13] [REFERRED TO]
K SATYANANDA PATNAIK VS. HYDRABAD URBAN DEVLOPMENT AUTHORITY [LAWS(APH)-2010-4-107] [REFERRED TO]
JASTI VENKATESWARA RAO VS. SOUTH CENTAR RAILWAY [LAWS(APH)-2011-9-49] [REFERRED TO]
S NARSINGA RAO TENANAT VS. SINGARENI COLLIERIES COMPANY LTD [LAWS(APH)-2004-8-158] [REFERRED TO]
BAND BOX PRIVATE LIMITED VS. ESTATE OFFICER, PUNJAB AND SIND BANK AND ANR. [LAWS(SC)-2014-2-117] [REFERRED TO]
DENA BANK VS. MUNICIPAL CORPN OF DELHI [LAWS(SC)-2008-9-39] [REFERRED TO]
JOSEPH SRIHARSHA & MARY INDRAJA EDUCATIONAL SOCIETY VS. UNION OF INDIA [LAWS(APH)-2017-7-32] [REFERRED TO]
RAMCHANDRA RABIDAS ALIAS RATAN RABIDAS VS. STATE OF TRIPURA [LAWS(GAU)-2008-12-3] [REFERRED TO]
UNION OF INDIA & ANR. VS. GULAB SINGH [LAWS(DLH)-2016-2-127] [REFERRED TO]
AHUJA REFRIGERATION P LTD VS. LIFE INSURANCE CORPORATION [LAWS(DLH)-2011-12-248] [REFERRED TO]
BAND BOX PVT LTD VS. UNION OF INDIA [LAWS(DLH)-2008-5-373] [REFERRED TO]
SMT. MANJU ARORA VS. ESTATE OFFICER, MEERUT CANTONMENT AND ANOTHER [LAWS(ALL)-2017-8-484] [REFERRED TO]
PROFESSIONAL EXAMINATION BOARD VS. BHOPAL MUNICIPAL CORPORATION [LAWS(MPH)-2003-7-16] [REFERRED TO]
UNIT TRUST OF INDIA VS. P K UNNY [LAWS(BOM)-2001-4-68] [REFERRED TO]
ASHOK ORGANIC INDUSTRIES LTD VS. ASSET RECONSTRUCTION COMPANY [LAWS(BOM)-2008-1-161] [REFERRED TO]
ASHOK UDARAM PATHIRABE VS. MAHARASHTRA REMOTE SENSING APPLICATION CENTRE [LAWS(BOM)-2006-11-85] [REFERRED TO]
KARAMCHAND THAPAR AND BROS LTD VS. LIFE INSURANC CORPORATION OF INDIA [LAWS(BOM)-2006-3-98] [REFERRED TO]
PRADEEP BABUBHAI CHINAL VS. SINDHU RESETTLEMENT CORPORATION LTD [LAWS(BOM)-2009-1-106] [REFERRED TO]
UTTAM PRAKASH BANSAL VS. LIC OF INDIA [LAWS(DLH)-2002-9-219] [REFERRED TO]
UTTAM PRAKASH BANSAL VS. LIC OF INDIA [LAWS(DLH)-2002-9-219] [REFERRED TO]
BALAJI ENTERPRISES VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2012-9-65] [REFERRED TO]
BAND BOX PVT LTD VS. ESTATE OFFICER PUNJAB & SIND BANK [LAWS(DLH)-2012-7-184] [REFERRED TO]
BALAJI ENTERPRISES VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2012-12-118] [REFERRED TO]
NESTLE INDIA LIMITED VS. UNION OF INDIA [LAWS(DLH)-2013-5-464] [REFERRED TO]
MIRTA LINA PVT. LTD. VS. L.I.C. OF INDIA AND OTHERS [LAWS(CAL)-1997-5-40] [REFERRED TO]
SMT. MANORAMA BALA VS. SMT. SRUTI ROY & ORS. [LAWS(CAL)-1998-11-59] [REFERRED TO]
SHRI S.K. PARMANANDAN VS. BOARD OF TRUSTEES OF THE PORT OF MUMBAI AND OTHERS [LAWS(BOM)-2018-3-329] [REFERRED TO]
BOARD OF TRUSTEE OF PORT OF MUMBAI VS. NEW INDIA ASSURANCE CO LTD NEW INDIA ASSURANCE BUILDING [LAWS(BOM)-2018-5-48] [REFERRED TO]
VIKRANT FORGE LIMITED AND ORS. VS. OFFICIAL LIQUIDATOR AND ORS. [LAWS(CAL)-2015-2-79] [REFERRED TO]
ASIT BARAN CHATTOPADHYAY & ANR VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2017-9-152] [REFERRED TO]
ANIL MAHAJAN VS. UNION OF INDIA [LAWS(ALL)-2013-8-86] [REFERRED TO]
M.PARVATHY VS. COMMISSIONER CHENNAI CORPORATION [LAWS(MAD)-2019-6-434] [REFERRED TO]
MINOR SAUMYA PRADIPKUMAR PATEL VS. SHRIMAD CONSTRUCTION [LAWS(GJH)-2022-6-1246] [REFERRED TO]
FLEMINGO DUTYFREE SHOPS PVT LTD VS. UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT [LAWS(KAR)-2008-12-7] [REFERRED TO]
ACHARYA PATHASHALA EDUCATION TRUST VS. STATE OF KARNATAKA [LAWS(KAR)-2004-8-49] [REFERRED TO]
KARNATAKA ELECTRICITY BOARD EMPLOYEES UNION NOW CALLED THE KARNATAKA POWER VS. KARNATAKA ELECTRICITY BOARDRESENTED [LAWS(KAR)-2006-7-60] [REFERRED TO]
URVAKUNJ NICOTINE LTD VS. UNION OF INDIA [LAWS(GJH)-2012-7-144] [REFERRED TO]
BOARD OF TRUSTEES OF KPT & 1 ANR VS. NEW KANDLA SALT & CHEMICAL PVT LTD & 1 ANR [LAWS(GJH)-2013-12-316] [REFERRED TO]
BOARD OF TRUSTEES OF KPT & 1 ANR VS. NEW KANDLA SALT & CHEMICAL PVT LTD & 1 ANR [LAWS(GJH)-2013-12-316] [REFERRED TO]
ABDUL KHUDDUS VS. H.M. CHANDIRAMANI [LAWS(SC)-2021-9-44] [REFERRED TO]
FORUM FOR PEOPLES COLLECTIVE EFFORTS (FPCE) VS. STATE OF WEST BENGAL [LAWS(SC)-2021-5-4] [REFERRED TO]
COL S P ANAND VS. COMPETENT OFFICER SECRETARY TO BANGALORE DEVELOPMENT AUTHORITY [LAWS(KAR)-2001-8-66] [REFERRED TO]
M SUBRAMANIAN VS. STATE BANK OF MYSORE HO K G ROAD BANGALORE [LAWS(MAD)-2000-8-64] [REFERRED TO]
K BALAKRISHNA RAO VS. SOUTHERN RAILWAY MADRAS EGMORE MADRAS [LAWS(MAD)-1997-2-46] [REFERRED TO]
MOHAN KARAN VS. STATE OF UTTAR PRADESH [LAWS(SC)-1998-3-85] [DISTINGUISHED]
KASHMIR SINGH VS. UNION OF INDIA [LAWS(P&H)-2002-9-25] [REFERRED TO]
JAYANTILAL DHARAMSI VS. BOARD OF TRUSTEES OF PORT OF BOMBAY [LAWS(BOM)-1990-10-62] [REFERRED]
LIFE INSURANCE CORPORATION OF INDIA THROUGH ITS DIVISIONAL MANAGER AND ANR. VS. M/S. GODREJ & BOYCE MANUFACTURING CO. LTD. AND ORS. [LAWS(PAT)-2012-9-121] [REFERRED TO]
MAFATLAL DENIM LIMITED VS. SICOM LIMITED [LAWS(GJH)-2010-2-44] [REFERRED TO]
ANIL KUMAR SOOD VS. UNION OF INDIA AND ORS. [LAWS(HPH)-2015-9-35] [REFERRED TO]
SHALAN W/O NARAYAN DAPPAL VS. SONUBAI [LAWS(BOM)-2009-1-236] [REFERRED]
PERSIS KOTHAWALLA VS. LIFE INSURANCE CORPORATION OF INDIA [LAWS(BOM)-2004-4-137] [REFERRED TO]
MODELLA WOOLLWNS LTD VS. OFFICIAL LIQUIDATOR [LAWS(BOM)-2005-9-64] [REFERRED TO]
QUILON DIST PVT BUS OPERATORS ASSOCIATION VS. S T A T ERNAKULAM [LAWS(KER)-1991-7-24] [REFERRED TO]
T P SATHEESAN VS. STATE OF KERALA [LAWS(KER)-2007-8-21] [REFERRED TO]
PEERLESS GEN. FINANCE INV. COM LTD. VS. W B SMALL INDUSTRIES CORPN LTD. [LAWS(CAL)-2012-9-106] [REFERRED TO]
BASANT PRAN VS. R.C.WAILA [LAWS(CAL)-2013-10-45] [REFERRED TO]
B.C. SHAW VS. UNION OF INDIA [LAWS(CAL)-2014-9-27] [REFERRED TO]
BANGUR BROTHERS LIMITED AND ORS. VS. OFFICIAL LIQUIDATOR AND ORS. [LAWS(CAL)-2015-2-113] [REFERRED TO]
MAHARAJA FATEHSINHRAO ZOO TRUST VS. STATE OF GUJARAT [LAWS(GJH)-1999-5-31] [REFERRED TO]
ACCOUNTING AND SECRETARIAL SERVICES PVT LTD VS. UNION OF INDIA [LAWS(CAL)-1993-2-1] [REFERRED TO]
Nathmal Girdharilall Steels LTD VS. Commissioner of Customs [LAWS(CAL)-1996-8-21] [REFERRED TO]
PHOENIX NEURO RELAXATION SERVICE LTD. AND ANOTHER VS. ESTATE OFFICER AND ANOTHER [LAWS(CAL)-1996-10-35] [REFERRED TO]
EASTERN TRADING CO VS. UCO BANK [LAWS(CAL)-2003-6-14] [REFERRED TO]
INDIAN INSTT OF PUBLIC OPINION PVT LTD VS. LIFE INSURANCE CORPORATION OF INDIA [LAWS(DLH)-2012-5-104] [REFERRED TO]
SURESH CHAND GUPTA VS. MCD [LAWS(DLH)-2013-3-44] [REFERRED TO]
ISMAELI DEVI & ORS. VS. DELHI DEVELOPMENT AUTHORITY & ANR. [LAWS(DLH)-2013-4-369] [REFERRED TO]
ISHMALI DEVI VS. D.D.A. [LAWS(DLH)-2012-10-240] [REFERRED TO]
ANIL KUMAR SINGH, VS. UDDAMI VIKAS SANSTHAN MADHYA PRADESH [LAWS(CHH)-2017-7-89] [REFERRED TO]
NATIONAL DAIRY DEVELOPMENT BOARD VS. UNION OF INDIA AND THE COMPTROLLER AND AUDITOR GENERAL [LAWS(DLH)-2010-1-103] [REFERRED TO]
AIRPORTS AUTHORITY OF INDIA VS. GROVER INTERNATIONAL LTD [LAWS(DLH)-2011-1-367] [REFERRED TO]
CAFE HORNBY & EXCEL STORES VS. THE LIFE INSURANCE CORPORATION OF INDIA [LAWS(BOM)-2015-4-277] [REFERRED TO]
SUDHA HARI POPHALE VS. THE ORIENTAL INSURANCE COMPANY LTD. [LAWS(BOM)-2015-1-31] [REFERRED TO]
OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V. POLARIS GALAXY VS. BANQUE CANTONALE DE GENEVE [LAWS(SC)-2022-9-113] [REFERRED TO]
EMPLOYEES PROVIDENT FUND COMMISSIONER VS. O L OF ESSKAY PHARMACEUTICALS LIMITED [LAWS(SC)-2011-11-39] [REFERRED TO]
KAILASH CHAND VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1994-4-1] [REFERRED TO]
SUNIL KUMAR VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2018-1-91] [REFERRED TO]
BHASIN TOBACCOS LTD & ORS VS. GAMBRO NEXIM (INDIA) MEDICAL LTD & ORS [LAWS(DLH)-2019-1-424] [REFERRED TO]
M/S BAND BOX PRIVATE LIMITED VS. ESTATE OFFICER, PUNJAB & SIND BANK [LAWS(SC)-2014-2-80] [REFERRED TO]
T M A PAI FOUNDATION VS. STATE OF KARNATAKA [LAWS(SC)-2002-10-89] [REFERRED TO 292]
TMA PAI FOUNDATION VS. STATE OF KARNATAKA [LAWS(SC)-2002-11-73] [REFERRED TO]
ABHAYA A FEDERATION OF RESIDENTS WELFARE ASSOCIATION VS. BANGALORE DEVELOPMENT AUTHORITY [LAWS(KAR)-2018-12-87] [REFERRED TO]
RAVINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1992-1-17] [REFERRED TO]
AIRPORTS AUTHORITY OF INDIA VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2016-2-190] [REFERRED TO]
PUBLIC SECTOR EMPLOYEES COOPERATIVE HOUSING SOCIETY LTD VS. STATE OF U P [LAWS(ALL)-2007-9-18] [REFERRED TO]
SHOBHA AGGARWAL VS. UNION OF INDIA [LAWS(DLH)-2019-1-19] [REFERRED TO]
ASSOCIATED JOURNALS LTD & ANR VS. LAND & DEVELOPMENT OFFICE [LAWS(DLH)-2019-2-326] [REFERRED TO]
DELHI STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED VS. K C BOTHRA [LAWS(DLH)-2003-11-36] [REFERRED TO]
DHARAM CHAND VS. STATE OF H P AND ORS [LAWS(HPH)-1994-11-20] [REFERRED]
ASKAY AND CO PVT LTD VS. LIFE INSURANCE CORPORATION OF INDIA [LAWS(BOM)-2006-4-151] [REFERRED TO]
NUSLI NEVILLE WADIA VS. NEW INDIA ASSURANCE CO LTD [LAWS(BOM)-2006-3-152] [REFERRED TO]
PUNJAB NATIONAL BANK VS. A.K. NANDHAN [LAWS(KER)-2022-1-239] [REFERRED TO]
HEERA MIDHA AND ORS VS. INDIAN TOURISM DEVELOPMENT CORPORATION; I T D C [LAWS(DLH)-2008-7-456] [REFERRED]
APEEJAY SCHOOL VS. DARBARI LAL [LAWS(DLH)-2010-5-4] [REFERRED TO]
MAHARASHTRA STATE CO OPERATIVE BANK LTD VS. ASSISTANT PROVIDENT FUND COMMISSIONER [LAWS(BOM)-2010-3-173] [REFERRED TO]
A MAHESH VS. K K COLLEGE OF PHARMACY [LAWS(MAD)-2002-4-14] [REFERRED TO]
G. ESHWARAIAH VS. STATE OF KARNATAKA [LAWS(KAR)-2012-10-94] [REFERRED TO]
FLEMINGO DUTYFREE SHOPS PVT LTD VS. UNION OF INDIA [LAWS(KAR)-2007-12-8] [REFERRED TO]
DINA NATH VS. SUBHASH CHAND SAINI [LAWS(SC)-2019-9-90] [REFERRED TO]
HARBHAJAN SINGH VS. STATE OF PUNJAB [LAWS(SC)-2019-12-10] [REFERRED TO]
SUDAKAR VS. USHA [LAWS(MAD)-2019-12-598] [REFERRED TO]
BOARD OF TRUSTEES OF THE PORT MUMBAI VS. BARGE MADHWA AND ANR. [LAWS(BOM)-2020-5-11] [REFERRED TO]
DR.PREETI BHATT VS. CENTRAL BANK OF INDIA [LAWS(BOM)-2017-7-85] [REFERRED TO]
INDIAN COFFEE WORKERS COOPERATIVE SOCIETY LIMITED VS. ESTATE OFFICER, WESTERN ZONE [LAWS(BOM)-2018-7-189] [REFERRED TO]
HINDUSTAN PETROLEUM CORPORATION LTD. VS. USHA GUPTA AND ORS. [LAWS(RAJ)-2013-12-145] [REFERRED TO]
VIJAY KUMAR ARYA VS. BOARD OF TRUSTEES [LAWS(CAL)-2007-10-28] [REFERRED TO]
OCEAN PLASTICS & FIBRES (P) LIMITED VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2012-2-18] [REFERRED TO]
DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPM VS. OFFICE OF THE COMMISSIONER OF INDUSTRIES [LAWS(DLH)-2013-7-671] [REFERRED]
NARESH KUMAR VS. VITH ADDITIONAL DISTT JUDGE VARANASI [LAWS(SC)-1995-1-116] [REFERRED TO]
CANTONMENT BOARD MHOW CANTONMENT BOARD SAUGOR VS. M P STATE ROAD TRANSPORT CORPN :REWA TRANSPORT SERVICES REWA [LAWS(SC)-1997-4-72] [REFERRED TO]
NITESH RATHORE & ANOTHER VS. SHUBHAM SONI & ANOTHER [LAWS(MPH)-2018-9-20] [REFERRED TO]
WORKMEN LINE SHOPKEEPERS ASSOCIATION VS. UNION OF INDIA [LAWS(CAL)-1999-4-5] [REFERRED TO]
MARGERETAMMA VS. SECRETARY EDUCATION DEPT [LAWS(APH)-1993-7-25] [REFERRED TO]
MOHAR SINGH VS. STATE OF H.P. [LAWS(HPH)-2006-8-24] [REFERRED TO]
CENTRAL BANK OF INDIA VS. N.R.C. LIMITED [LAWS(SC)-2014-3-32] [REFERRED TO]
LARSEN AND TOUBRO LTD VS. STATE OF ORISSA [LAWS(ORI)-2011-3-12] [REFERRED TO]
SHEKHAR SHAH VS. GOVERNMENT OF MAHARASHTRA [LAWS(DLH)-2016-4-51] [REFERRED TO]
LEE AND MUIHEAD I PVT LTD VS. BOARD OF TRUSTEES FOR PORT OF CALCUTTA [LAWS(CAL)-1992-4-27] [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. HARMONY HOUSE [LAWS(CAL)-1996-3-39] [REFERRED TO]
SATYA CHAKRABORTY VS. TRUSTEES OF VICTORIA MEMORIAL [LAWS(CAL)-2003-9-71] [REFERRED TO]
EASTERN ECONOMIST LTD. VS. UNION OF INDIA [LAWS(DLH)-2015-1-283] [REFERRED TO]
PRAHLADBHAI RSJARAM MEHTA VS. POPATBHAI HARIBHAI PATEL [LAWS(GJH)-1995-3-22] [REFERRED TO]
FUTURE RETAIL LIMITED VS. LIFE INSURANCE CORPORATION OF INDIA [LAWS(CAL)-2020-1-1] [REFERRED TO]
M/S HINDUSTAN ENGG. & MARTINE CORPORATION & ANR. VS. KOLKATA PORT TRUST [LAWS(CAL)-2016-9-179] [REFERRED TO]
BUDDHU MIYA (SINCE DECEASED)AND 9 OTHERS VS. ADDITIONAL DISTRICT AND SESSIONS JUDGE,COURT NO 5 AGRA AND ANOTHER [LAWS(ALL)-2018-7-25] [REFERRED TO]
PICHHDA JAN KALYAN SAMITI VS. UNION OF INDIA [LAWS(ALL)-2016-9-300] [REFERRED]
DDA VS. PARSU RAM [LAWS(DLH)-2007-3-205] [REFERRED TO]
PANCHKUIAN ROAD REFUGEE VYAPAR SANGH VS. DELHI METRO RAIL CORPORATION [LAWS(DLH)-2006-6-8] [RELIED ON]
ABDUL AZIZ LOKHANDWALA VS. NASIR ALI [LAWS(BOM)-2010-1-137] [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. SHRI PREM KUMAR AND ORS. [LAWS(DLH)-2011-5-487] [REFERRED TO]
CHRIST KING MIDDLE SCHOOL REP BY ITS CORRESPONDENT RAILWAY COLONY VS. UNION OF INDIA MINISTRY OF RAILWAYS [LAWS(MAD)-2018-4-827] [REFERRED TO]
ORIENTAL BANK OF COMMERCE VS. ASSISTANT PF COMMISSIONER [LAWS(MAD)-2019-11-118] [REFERRED TO]
KARNAIL SINGH VS. UNION OF INDIA [LAWS(P&H)-2002-9-138] [REFERRED]
SHARADAMMA VS. STATE OF KARNATAKA [LAWS(KAR)-2005-4-25] [REFERRED TO]
PROF S N HEGDE VS. LOKAYUKTA BANGALORE [LAWS(KAR)-2004-2-56] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. COMMONWEALTH TRUST P LTD [LAWS(KER)-2004-4-31] [REFERRED TO]
GEORGE JOSEPH VS. KERALA FINANCIAL CORPORATION [LAWS(KER)-2001-6-5] [REFERRED TO]
C J INTERNATIONAL HOTELS LIMITED VS. NEW DELHI MUNICIPAL COMMITTEE [LAWS(DLH)-1990-10-14] [REFERRED]
DEEPAK SHRIRAM TIRKE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-12-34] [REFERRED TO]
AMIRTHAMKUDUMBAH VS. SARNAM KUDUMBAN [LAWS(SC)-1991-4-13] [RELIED ON]


JUDGEMENT

S.C. Agrawal, J. - (1.)The common question which arises for consideration in these appeals, by special ledve, and the writ petition filed under Article 32 of the Constitution is, whether a person who was inducted as a tenant in premises, which are public premises for the purpose of the Public Premises(Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the 'Public Premises Act), and whose tenancy has expired or has been terminated, can be evicted from the said premises as being a person in unauthorised occupation of the premises under the provisions of the Public Premises Act and whether such a person can invoke the protection of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Rent Control Act). In short, the question is, whether the provisions of the Public Premises Act would override the provisions of the Rent Control Act in relation to premises which fall within the ambit of both the enactments.
(2.)Civil Appeals Nos.2368 and 2369 of 1986 relate to the premises which are part of a building situated at 5 Parliament Street, New Delhi. The said building originally belonged to Punjab National Bank Ltd., a banking company. Ashoka Marketing Ltd. (Appellant No. 1 in Civil Appeal No. 2368 of 1986) and M/s. Sahu Jain Services Ltd. (Appellant No. 1 in Civil Appeal No. 2369 of, 1986) were tenants of premises located in the said building since July Ist 1958. As a result of the enactment of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (hereinafter referred to as the Banks Nationalisation Act), the undertaking of the Punjab National Bank Ltd., was transferred and vested in Punjab National Bank a body corporate constituted under the provisions of the said Act and the aforesaid appellants became the tenants of Punjab National Bank. By notices dated May 18, 1971 issued under Section 106 of the Transfer of Property Act, the tenancies of both the appellants were terminated by Punjab National Bank, with effect from, November 30, 1971. Thereafter, the said Bank initiated proceedings under the Rent Control Act against both the appellants. In those proceedings an objection was raised be the said appellants that proceedings for eviction under the Rent Control Act were not maintainable in view of the provisions contained in the Public Premises Act. During the pendency of the said proceedings under the Rent Control Act, proceedings were initiated by the Estate Officer against the appellants under the provisions of the Public Premises Act and while the said proceedings under the Public Premises Act were pending the earlier proceedings initiated under the Rent Control Act were dismissed by the Additional Rent Controller, Delhi, by orders dated August 6, 1979. In the proceedings, under the Public Premises Act, the Estate Officer passed orders for eviction against the appellants and the appeals filed by the appellants against the said orders of the Estate Officer were dismissed by the Additional District Judge, Delhi. The appellants filed writ petitions under Article 226 of the Constitution, in the Delhi High Court. The said writ petitions were dismissed by the High Court by orders dated May 30, 1986. Aggrieved by the said orders of the High Court, the appellants have filed these appeals after obtaining snecial leave to appeal.
(3.)Civil Appeal No. 3725 of 1986 relates to an office room in the Allahabad Bank Building situated at 17, Parliament Street, New Delhi. The said building belongs to Allahabad Bank, a body corporate constituted under the provisions of the Banks Nationalisation Act, the said premises were let out to Pt. K. B. Parsai, the appellant in this appeal, for a period of three years with effect from, February 1, 1982. After the expiry of the said period eviction proceedings under the provisions of the Public Premises Act were initiated to evict the appellant and in those Droccedings the Estate Officer passed an order dated March 28, 1986. The appellant filed a writ petition under Article 226 of the Constitution, wherein he challenged the validity of the order passed by the Estate Officer. The said writ petition was dismissed by the Delhi High Court by order dated August 7, 1986. The appellant has filed this appeal against the said decision of the Delhi High Court after obtaining Special Leave to Appeal.
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