Judgments of 1982

The workmen of Metro Theatre Ltd. challenged an Industrial Tribunal award that revised wage scales and dearness allowance effective from 1‑1‑1977, arguing that it should have been retrospective to 1‑1‑1974, that dearness allowance ought to be linked to the cost‑of‑living index, and that the tribunal could grant a more …

The petitioners challenged the preventive detention of Kantilal Nagar Das Shah under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after customs seized 141 slabs of palladium he had smuggled from Muscat. The wife argued that the detenu was denied legal representation before the A…

B.R. Ramabhadriah, a Forest Department officer, challenged a provisional integrated gradation list of Forest Officers issued under the States Reorganisation Act, 1947, alleging that his seniority over the 6th respondent and over five officers from the Telangana region was incorrectly fixed. The Central Government later…

The appellant, Pandurang Jivajirao Apte, was the garnishee of property attached before judgment in a suit filed by the deceased R. G. Ashtakar for recovery of dues. Apte sold the attached property to Madhusudan Vasudeo Bavdekar under Section 176 of the Indian Contract Act after giving notice, but the sale proceeds were…

The parties entered into a building contract containing an arbitration clause. After a series of applications and a change of arbitrator, the Supreme Court appointed the final arbitrator and gave directions for the conduct of the arbitration. The arbitrator made an award on 11 November 1977 and, on advice of a court of…

In 1966 a collision between a car and a goods truck caused the death of the car driver and injuries to a passenger. The heirs of the deceased and the injured passenger claimed compensation under the Motor Vehicles Act, 1939. The Motor Accidents Claims Tribunal dismissed the claims, but the Gujarat High Court awarded Rs…

The plaintiff, a merchant displaced from Uganda, filed a suit under section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 seeking eviction of the defendant who had licensed another person to occupy the shop as a godown. The defendant argued that eviction would cause him greater hardship …

The petitioners, detained under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), challenged the order of detention issued by the Administrator of Goa, Daman & Diu, arguing that the Administrator could not act without the advice of the Council of Ministers an…

The State of Madhya Pradesh sought to appeal an acquittal under section 378(1) of the Criminal Procedure Code, 1973, and filed an application for leave under section 378(3). By prevailing practice in the Madhya Pradesh High Court, the leave application was listed before a Single Judge under Rule 1(q) of the High Court …

Babu Lal purchased land from respondents 6‑9, which had earlier been agreed to be sold to respondents 1‑5. The latter sued for specific performance of their contract; the trial court dismissed, but the appellate courts decreed specific performance and ordered the sale deed to be executed in favour of the plaintiffs. Th…

The Supreme Court examined the constitutional validity of the Life Insurance Corporation (Amendment) Act 1981, the accompanying Ordinance and the Bonus and Dearness Allowance Rules, which sought to retrospectively nullify the 1974 settlements granting cash bonuses to Class III and IV employees of the Life Insurance Cor…

The petitioners, including A.K. Roy, challenged the National Security Ordinance, 1980 and the subsequent National Security Act, 1980 on grounds that the President's ordinance‑making power under Article 123 is an executive power and not "law" within the meaning of Article 21, that the provisions of the Act are vague, un…

The case involved multiple writ petitions challenging the constitutional validity of a circular letter issued by the Law Minister on March 18, 1981, seeking consent from additional judges for appointment to other High Courts, short-term extensions of additional judges, and transfers of Chief Justices. The Court address…

The petitioner was detained under Section 3(2) of the National Security Act, 1980 and the State Government confirmed the detention after an Advisory Board reported sufficient grounds. The petitioner submitted a representation against the detention, but the State Government waited for the Board's opinion before consider…

The Supreme Court examined the constitutionality of Air India Employees Service Regulations 46 and 47, which mandated retirement of air hostesses (AHs) at age 35, on marriage within four years of service, or on first pregnancy, and allowed the Managing Director to extend service up to age 45. The Court held that the pr…

The Hindu undivided family of Kapurchand Shrimal claimed that its joint family property had been partitioned, sending letters to the Income‑Tax Officer on 10 Oct 1960, 16 Jun 1961 and 11 Mar 1962. Despite these timely claims, assessment orders for the years 1955‑56 to 1958‑59 were completed without the inquiry mandated…

Hindustan Aluminium Corporation Ltd., a manufacturer of aluminium ingots, billets, rolled products and extrusions, challenged the assessment that taxed only ingots at the lower rate while treating the other products as unclassified items at a higher rate under the Uttar Pradesh Sales Tax Act. The High Court held that r…

The husband of petitioner Kavita was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) to prevent alleged smuggling. He made representations against his detention, which were rejected, and the Advisory Board later reported sufficient cause to…

Annapurna Biscuit Manufacturing Co., a biscuit maker, claimed that under a 1971 Uttar Pradesh Sales Tax notification biscuits fell within the definition of "cooked food" and should be taxed at the reduced 2% rate. The assessing authority rejected this, treating biscuits as an unclassified commodity taxed at 3.5%, and t…

D. Ramaswami, a Tamil Nadu government servant, rose from clerk to Deputy Commissioner of Commercial Taxes and Member of the Sales Tax Appellate Tribunal. An adverse entry in his confidential file in 1969 alleged misconduct, but a vigilance enquiry later cleared him and the government dropped all charges on 29 November …

The Reserve Bank of India (RBI) issued several promotion schemes for its staff, culminating in Administration Circular No. 6 (1979) which relaxed eligibility criteria for stenographers and personal assistants. During the pendency of a reference before the National Industrial Tribunal concerning a dispute over promotion…

The respondent, a lessor, sued the appellant, a lessee, for ejectment and recovery of arrears of rent. Under Rule 5 of Order XV of the CPC, the appellant was required to deposit the admitted rent and make regular monthly deposits; failure to do so made his defence liable to be struck off, subject to a representation un…

The petitioner was convicted by a Presidency Magistrate for offences under IPC 120B, the Customs Act and related rules and sentenced to imprisonment of two to four years with a fine. The High Court set aside the conviction, but the Supreme Court restored it. The petitioner had earlier been preventively detained under t…

The United Commercial Syndicate, acting as purchasing agent for Lingo Sulphite Corporation, entered into an agreement with the Uttar Pradesh State Sugar Corporation to buy 28,300 quintals of molasses at the statutory price of Rs 9 per quintal, with a fallback clause allowing payment of Rs 25.10 per quintal if the statu…

The Special Area Development Authority (SADA) of Korba, created under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, levied property tax on Western Coalfields Ltd., Bharat Aluminium Co. Ltd. and other government‑owned companies, despite an agreement that SADA would not tax them and claims that the companie…

The appellant obtained a prospecting licence and later a mining lease for an area in Goa after the territory was annexed by India. Respondent 1 had purchased four Portuguese "Titles of Manifest" before annexation and had applied for mining concessions, which were later deemed to have lapsed by the Indian authorities. H…

Bhaiya Rudra Pratap Deo, holder of the impartible Nagaruntari estate, executed an unregistered maintenance (khorposh) deed in 1952 granting eight villages to his brother’s son, Lalu Maheshanuj. The plaintiff alleged fraud and that the deed was void under Section 12A of the Chota Nagpur Encumbered Estates Act and the Bi…

The case arose from an election petition filed by Debi Ghosal challenging the Lok Sabha election of Mohd Ismail from the 19‑Barrackpore constituency. The petition impleaded the Chief Minister of West Bengal, Jyoti Basu, and two other state ministers, alleging they colluded with the returned candidate to commit corrupt …

The Supreme Court examined whether sums appropriated by companies for taxation, retirement gratuity, and proposed dividends could be treated as "other reserves" for capital computation under the Super Profits Tax Act, 1963 and the Companies (Profits) Sur‑tax Act, 1964. It held that amounts set aside for taxation are pr…

The State of West Bengal charged four police officers with murder under IPC sections 302 and 34 for the deaths of Ranjit and Samir Chakraborty during a police operation in 1970. The trial court convicted them, but the Calcutta High Court acquitted, holding that the order to open fire given by the Deputy Commissioner wa…

The case concerned agricultural lands in Bulandshahr district where Smt. Ram Kali, a disabled land‑holder, leased the plots to Uttam Singh and Murli Singh in 1945. After her death, her brother Dan Sahai, also a disabled person, succeeded her interest and the lessees continued as year‑to‑year tenants. The question was w…

The Supreme Court examined an appeal concerning the grant of stage‑carriage permits under Rule 212 of the Andhra Pradesh Motor Vehicles Rules, 1964. The dispute centered on whether the proviso that an applicant may receive marks for either residential or sector qualification (whichever is more advantageous) infringed A…

The Surat Municipal Corporation declared its intention to make a town planning scheme under the Bombay Town Planning Act, 1954, which included land leased by Prakash Amichand Shah. The Town Planning Officer awarded compensation for the loss of Shah's lease, which Shah contested as inadequate and appealed to the Board o…

The respondent, Ismail Juma, was detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for alleged involvement in smuggling wrist‑watches worth about Rs 33 lakhs. The Gujarat High Court, exercising its writ jurisdiction under Article 226, quashed the detent…

The assessee, a registered textile manufacturer, purchased dyeing colours and chemicals under a Certificate of Registration and declared them for use in the manufacture of goods for sale, thereby enjoying a reduced 3% sales tax rate. The tax officer issued notices alleging misuse of the certificate because the assessee…

The Supreme Court examined the validity of Rule 3(d) of the Andhra Pradesh Police Service Rules, 1966, which grants credit for past service in Category III when an officer is appointed to Category II, thereby affecting seniority. Deputy Superintendents of Police who were directly recruited or transferred challenged the…

Syed Asadullah Kazmi was a tenant of a bungalow owned by Raj Kumar Sinha. After the landlord’s applications for ejectment, the Prescribed Authority ordered the release of the bungalow in May 1976, which the appellate authority modified on 25 March 1977 to release only a portion to the landlord’s son and allow the tenan…

The Supreme Court examined petitions filed by the Superintendent of Bhagalpur Central Jail, who claimed his suspension by the Bihar Government was a mala fide attempt to prevent him from complying with the Court’s order to file an affidavit regarding the blinding of under‑trial prisoners. The Court noted that the suspe…

Bhopal Sugar Industries Ltd., a sugar‑cane crushing factory, purchased cane from both reserved and non‑reserved areas, directly from growers and through a cane‑growers' cooperative society. Under Section 21 of the Madhya Pradesh Sugar Cane (Regulation of Supply & Purchase) Act, 1958, it was required to pay a commission…

The respondents, manufacturers of bidis, imported tobacco and other raw materials into Damoh municipality, paid octroi duty, used the materials to manufacture bidis and exported the finished products. They claimed a refund of the octroi under Rule 27(b) of the Octroi Rules, which provides a refund when imported raw mat…

Rattan Singh was detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. While in custody he, through his counsel, sent representations to both the Punjab State Government and the Central Government via the jail superintendent, seeking revocation of his dete…

The Madhya Pradesh Government, under the Essential Commodities Act, replaced its 1960 scheme of running fair‑price shops through retail dealers with a 1981 scheme that appointed agents, giving preference to consumers' cooperative societies, to distribute foodstuffs at fair prices. Petitioners challenged the scheme as v…

The Madhya Pradesh Government issued an executive order on 9 September 1980 that completely removed the minimum qualifying‑marks requirement for candidates belonging to Scheduled Castes (SC) and Scheduled Tribes (ST) when selecting them for seats reserved in state medical colleges. Nivedita Jain, a general‑category can…

Firestone Tyre & Rubber Co. dismissed 102 workmen for alleged "go‑slow" after a strike. A settlement led to 76 being temporarily re‑employed and 25 remaining dismissed. The Industrial Tribunal was asked to adjudicate reinstatement of 12 of the 25 workmen (demand 1(A)) and the status of the 76 (demand 1(B)). The Tribuna…

Brooke Bond India Ltd. and its workmen’s unions were involved in a government‑referenced industrial dispute. The Rashtriya Union’s negotiation committee signed a memorandum of settlement on 16 March 1978, which was later filed for an award. The union’s executive committee subsequently resolved to reject the agreement, …

P.R. Jesurtnam, a former Indian Air Force officer cashiered by a General Court Martial, was appointed on a temporary basis as Senior Research Assistant at IIT Delhi for a specific project, with a clause allowing termination on 24‑hour notice. The Ministry of Defence informed IIT of his dismissal and a 1965 Home Affairs…

South India Viscose Ltd., a Tamil Nadu manufacturer of art silk yarn, supplied yarn to weavers in Maharashtra and Gujarat under an Export Promotion Scheme. The yarn was dispatched from its factory to Bombay through a selling agent and then delivered to the purchasers. The company contended that the sale occurred in Bom…

The petitioner, a driver‑constable in the Delhi Police Force, challenged the lower pay scale applicable to driver‑constables compared to drivers in other Delhi Administration departments, invoking the principle of "equal pay for equal work" under Articles 14, 16 and 39(d) of the Constitution. He argued that his duties,…

The Kerala Public Service Commission conducted a common written test for junior engineer posts, with civil engineering candidates answering Category I questions and mechanical candidates answering Category II. After the test, several civil engineering applicants challenged the preparation of a single rank list, arguing…

The respondent, an agriculturist, owed an overdraft of over Rs. 3,000 to Kottayam Orient Bank Ltd., which was amalgamated into the State Bank of Travancore (a subsidiary bank) in 1961. After a decree for recovery was obtained by the bank, the respondent sought relief under the Kerala Agriculturists' Debt Relief Act, 19…

The petitioners, a partnership firm, had a running account with B.R. Sons Ltd. The Income‑Tax Officer issued a notice under s.226(3)(i) of the Income‑Tax Act requiring the petitioners to pay any amount due from them to B.R. Sons Ltd., but the notice did not specify the exact sum. The petitioners filed a sworn affidavit…

The appellants, Ramdeo Onkar Mal & Anr., were prosecuted under the Forward Contracts (Regulation) Act, 1952 for purchasing Tur (Arhar) in violation of three government notifications issued on 17 July 1958. They challenged the validity of the notifications, contending that the area of operation was not expressly mention…

Two British nationals were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for allegedly smuggling electronic equipment in a Mercedes van. They filed writ petitions under Article 32 seeking release, arguing that their representations to the Central Government and to …

The Supreme Court considered an appeal by N. Bhatnagar, who occupied flat No. 52 in Shyam Niwas under a leave‑and‑licence agreement with a co‑partner member of Shyam Cooperative Housing Society. After the licence was terminated in 1965, the society and the member sought his eviction under section 91(1) of the Maharasht…

The plaintiff Idandas, the landlord, leased an open piece of land to the defendant Anant Ramchandra Phadke, who installed a flour mill and used the land solely for that purpose. The landlord sought eviction, claiming the tenancy was month‑to‑month and that a one‑month notice sufficed, while the tenant argued the lease …

The wife (appellant) and husband (respondent) were married in Delhi and subsequently lived there, although both originally hailed from Bagyan, Uttar Pradesh. The husband filed a petition for nullity of marriage under section 12 of the Hindu Marriage Act in the District Court of Almora, claiming the parties were residen…

The Supreme Court examined the constitutionality of the Special Bearer Bonds (Immunities and Exemptions) Ordinance, 1981 and the subsequent Act, which granted anonymity and tax exemptions to holders of special bearer bonds intended to canalise black money. The petitioners argued that the President lacked authority unde…

The landlord sued the tenant for eviction under Section 20(2)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, alleging rent arrears of at least four months. The tenant denied any arrears, contending that he had stood surety for the landlord’s sales‑tax dues and therefore no rent was…

Uma Charan, a Deputy Superintendent of Police, was promoted to Superintendent under the Indian Police Service (Appointment by Promotion) Regulations, 1955. In September 1963 the Selection Committee, invoking Regulation 5, superseded him and 27 others, stating only that their records were not sufficient to justify appoi…

The petitioners, Kuljit Singh (Ranga) and his associate Billa, challenged the President's refusal to commute their death sentences, invoking Article 72 of the Constitution. The Supreme Court examined the scope of the President's clemency power, emphasizing that it is limited to reducing sentences and cannot be used to …

The Rajasthan Public Service Commission conducted a competitive examination for recruitment of Munsifs, comprising written papers and a viva voce worth 25% of the total marks. The petitioner, who scored 189 overall (159 written, 30 viva), was not selected, while the last selected candidate scored 190 (135 written, 55 v…

Pratap Singh and Preetam Singh, brothers in partnership, referred their business dispute to arbitration under the Arbitration Act, 1940. The arbitrator failed to render an award within four months and applied to the Subordinate Judge, Delhi, for an extension of time under s.28, which was granted despite an objection to…

Three writ petitions under Article 32 were filed after a newspaper report alleged that juvenile under‑trial prisoners under 16 years were being kept in Kanpur Central Jail and sexually exploited by adult inmates, despite the existence of a Children’s Home. The Allahabad High Court ordered a Sessions Judge to investigat…

The plaintiff, daughter of Moola Narayanaswamy, claimed ownership of a half share in a property sold in insolvency proceedings and alleged a partition in 1952 that allotted her the southern half. The first defendant, Nagappa, contested, alleging the transactions were benami and that no partition occurred. The trial cou…

The case concerned an application for probate of a will executed by the deceased Ranendra Chandra Bose in 1952. The executors sought probate, but the trial court refused on the ground of doubts about the testator's mental capacity and the authenticity of his signature. The High Court set aside that decision, granting p…

The State of Gujarat detained Adam Kasam under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, alleging his participation in a smuggling operation involving contraband wrist‑watches. Kasam challenged the detention before the Gujarat High Court, which quashed the order…

Shiela Kaushish, a taxpayer, constructed a warehouse in Delhi and let it out to the American Embassy under several leases, eventually receiving a total rent of Rs.34,797 per month from April 1968. For the assessment years 1969-70 and 1970-71, the Income‑Tax Officer treated the actual rent received as the "annual value"…

J.D. Jain, a cashier of State Bank of India, was charged with altering a letter of authority to withdraw Rs 1,500 instead of Rs 500, withdrawing the excess amount and misappropriating Rs 1,000. A departmental enquiry found him guilty and discharged him. The Industrial Tribunal, exercising powers under S. 11A of the Ind…

Vijay Kumar was arrested on 26 June 1981 and detained under the Jammu & Kashmir Public Safety Act, 1978 on 11 July 1981. He filed a representation against the detention on 29 July 1981, which reached the State Government on 12 August 1981 and was finally rejected on 31 August 1981, a delay of 19 days after receipt. The…

The appellant, Mohanlal Gangaram Gehani, was convicted under s.326 IPC for stabbing an injured man. On appeal, the Supreme Court examined the admissibility of a doctor’s hospital‑register statement that named the assailant as "Tiny" (originally written as "Tony"), the applicability of Section 145 of the Evidence Act to…

The respondents, displaced persons, applied for plots of nazul land to build shops, as did the appellants. The State Government initially rejected all applications, but later reversed its policy and granted the plots to the appellants on permanent lease (Bhumidhari rights) without holding a public auction and without r…

In a dispute between Tata Engineering & Locomotive Co. Ltd. and its workmen, two unions – the Telco Union (minority) and the Telco Kamgar Sanghatana (majority) – were involved. A settlement was reached on 7 February 1970 between the company and the Sanghatana and was signed by 564 of the 635 daily‑rated workers. The Te…

Sundar Dass, a former railway clerk, was suspended on 17 February 1949 after it was discovered that he had concealed a prior discharge from railway service in 1944. He was dismissed on 14 May 1949, but the Rajasthan High Court later set aside that dismissal on grounds of natural justice, directing fresh disciplinary pr…

Swastik Rubber Products Ltd. and others sought exemption from octroi duty on raw materials under the Municipal Corporation of Poona's rule 5(8) of the 1962 Octroi Rules, which required that the industrial concern be situated in an area demarcated as an "industrial estate or area" by the corporation. The corporation ref…

Baldev Singh rented a house in 1961 and lived there with his mother, brother and sister. In 1971 he migrated to Canada, leaving his mother, brother and sister in the premises who continued to pay rent. The landlord sought eviction under section 14(1)(d) of the Delhi Rent Control Act, 1958, arguing that the premises wer…

The Government of Andhra Pradesh sought to evict Thummala Krishna Rao and others from three plots of land using the summary eviction provision of Section 6 of the Andhra Pradesh Land Encroachment Act, 1905. The respondents claimed a bona‑fide title, arguing that the land might have been acquired by the Nizam’s governme…

The Central Government, under the Sugar (Control) Order 1966, issued Order No. GSR‑410‑E/Ess. Com./Sugar on 14 July 1980 limiting the quantity of vacuum‑pan sugar and khandsari that recognised dealers could keep in stock and imposing a ten‑day holding period. Recognised dealers challenged the order as ultra vires of th…

The appellant's husband was killed in a road accident on 5 April 1970 while the truck involved was covered by a statutory insurance policy issued on 30 June 1969. The Motor Vehicles (Amendment) Act 56 of 1969, effective 2 March 1970, raised the insurer's liability limit from Rs.20,000 to Rs.50,000. The Motor Accident C…

L. Robert D'Souza, who had served continuously in Southern Railway since 1948, was transferred as punishment for union activities and later reinstated. In September 1974, while on a fast, he was deemed to have unauthorisedly absent himself and his service was terminated retrospectively from 18‑September 1974. He challe…

The mortgagor, Sardar Govindrao Mahadik, mortgaged his house to Devi Sahai and later agreed to sell it to the mortgagee, but the sale deed was never registered. The mortgagee claimed protection under Section 53A of the Transfer of Property Act, arguing that his possession and a Rs 1,000 payment for stamp duties constit…

The case concerned a sale of a portion of a block of houses in Rae Bareli by Parmeshwar Din Misra (defendant No. 2), who claimed exclusive ownership, to K.C. Kapoor (appellant). The plaintiff‑mother and her two grand‑sons challenged the sale, alleging that the property was joint Hindu family property, that the sale was…

The landlord, Ahmed R.V. Peer Mohamed, let his property to Saraswatibai, who subsequently sub-let cabins to six petitioners. After serving a notice to quit on Saraswatibai in 1962, the landlord obtained a decree for her ejectment, which was executed and later extended to the petitioners. The petitioners claimed they we…

Inderjit alias Billa was detained under the Prevention of Black‑marketing and Maintenance of Supplies of Essential Commodities Act, 1980. He applied to the Advisory Board for legal representation, but the request was denied while the State was represented by a team of lawyers. The petition challenged whether this diffe…

The petitioners, former part‑time village officers in Tamil Nadu, challenged the Tamil Nadu Abolition of Posts of Part‑time Village Officers Ordinance, 1980 and the subsequent Act, 1981, alleging violations of Articles 19(1)(g), 14 and 311(2) of the Constitution. The State argued that the posts were obsolete, feudalist…

The appellant, a land‑holder under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, challenged a Collector’s order that allotted him twelve units of land, although he had claimed fifteen. The State of Bihar neither appealed the Collector’s order nor filed any cross‑objection.…

SirajMohammedKhan appealed against a judgment granting his wife, Hafizunnisa, maintenance under Section 125(3) of the Code of Criminal Procedure, 1973. The wife had proved that the husband was impotent and therefore unable to fulfil his marital obligations, and she refused to cohabit with him. The trial magistrate held…

Gurdayal Singh Fiji, a member of the Punjab Provincial Civil Service, filed a writ petition under Article 32 claiming that, despite a good service record, he was denied a certificate of integrity and inclusion in the IAS Select List due to two adverse remarks. The Supreme Court noted that the IAS Selection Committee is…

The landlady served a notice on the tenant on 14‑December‑1973 demanding payment of "damages for use and occupation" at a rate equal to the agreed rent, stating that the tenancy had terminated and the tenant had become a statutory tenant. The tenant failed to pay within two months, later sending a money‑order which the…

Ex‑Capt. Ashok Kumar Sawhney was appointed to the Income‑Tax Officer, Class I cadre under the reservation provision of Rule 4(1) for armed‑forces officers, but was placed below respondents 2‑14 who had been appointed to Scheduled‑Caste/Tribe reserved vacancies through a competitive examination. He contended that, under…

The Supreme Court dismissed a writ petition filed by the wife of Hasnain Mukhtar Hussain Lakdawala, who was detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The petitioner challenged the validity of the detention on the ground that the repr…

The State of Maharashtra charged Champalal Punjaji Shah with criminal conspiracy under S.120B IPC, S.135 of the Customs Act and Defence of India Rules after gold bars with foreign markings were discovered in his flat. The trial was protracted, with the accused contributing to delays, and the High Court acquitted him, c…

Harbans Singh, along with Kashmira Singh and Jeeta Singh, was convicted and sentenced to death for the murder of four persons. While Jeeta Singh was executed and Kashmira Singh's death sentence was later commuted to life imprisonment by the Supreme Court, Harbans Singh's special leave and review petitions were dismisse…

Delhi Safe Deposit Co. Ltd., a partner in a managing‑agency firm, paid Rs. 9,500 towards a loss incurred by the firm when a loan advanced by the managed company defaulted. The company claimed a deduction under section 37 of the Income‑Tax Act, but the Assessing Officer disallowed it, holding the payment was not a busin…

The Hindu Undivided Family (HUF) Kalloomal Tapeshwari Prasad derived income from various sources and claimed that a partial oral partition in 1963 had divided eighteen immovable properties among ten coparceners, who then maintained separate accounts. The Income‑Tax Officer rejected the claim, holding that the propertie…

Motibhai created two mortgages on his property; after his death the mortgagor's heirs and successive mortgagees transferred their interests, and the plaintiff, Narandas Haribhai Patel, purchased the equity of redemption from the heir Taralaxmibai and sued the mortgagees for redemption. The issues were whether a co‑mort…

Dr. R.K. Khandelwal, who had passed his MBBS in 1976, applied for admission to the MD (Paediatrics) course for 1979-80 but was denied admission on the basis of merit and the 1:1 teacher‑student ratio, being placed sixth when only four seats were available. He contended that a long‑standing practice of preferring candid…

The District Co-operative Federation, Basti held a poll on 11 September 1978 to elect its Committee of Management, but an injunction prevented the declaration of results until 28 January 1980. The elected members' term, as per Rule 445(1) of the U.P. Cooperative Societies Rules, is three cooperative years including the…

Bhikoba Shankar Dhumal, a tenant, filed a return under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, disclosing land holdings that exceeded the statutory ceiling. The Special Deputy Collector declared a portion of his land as surplus, but Bhikoba died before a Section 21 notification and possessio…

Ashok Kumar Binny and Hans Raj were detained under Section 8 of the Jammu & Kashmir Public Safety Act, 1978. Their detentions were referred to an Advisory Board, which is statutorily required to submit its report to the Government within eight weeks of the date of detention under Section 16(1). The Board failed to do s…

The appellants were cultivating tenants occupying land owned by the respondents, who sought eviction on the ground of rent arrears for 1958‑59, 1959‑60 and 1960‑61. The Revenue Divisional Officer (RDO) determined the arrears, granted the tenants six weeks to pay, and in the same order stipulated that failure to pay wou…

In a suit for specific performance filed in the original side of the Bombay High Court, the plaintiff sought the appointment of a receiver and an interim injunction. The single Judge dismissed the application, and the plaintiff appealed to a Division Bench, which held the appeal was not maintainable because the order w…

The petitioner filed a writ under Article 32 seeking the release of his brother, Narinder Singh, who had been detained under sub‑section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The only basis for the detention was a case registered for offences under IP…

The decree‑holder obtained a decree for eviction of the judgment‑debtor’s shop in 1960. During execution proceedings a compromise was entered in 1968 whereby the debtor, having already vacated half the shop, was given time until 31‑Dec‑1972 to vacate the remaining half and to pay Rs 110 per month as damages; failure to…

The Karta of a joint Hindu family, K.V. Purushotham, incurred large debts in a personal fungi business and, together with his brother, executed a sale deed on 22 August 1955 transferring almost the entire family property for a nominal Rs.16,500, purportedly to discharge those debts. The sons of the Karta and his brothe…

The respondent, a government employee and landlord, sought eviction of the appellants under section 14A of the Delhi Rent Control Act, 1958, claiming he needed the premises for personal occupation because earlier government notifications (9‑Sept‑1975 and a special order of 22‑Jan‑1976) required him to vacate his allott…

The State of Maharashtra created the Bombay Rationing Organisation (BRO) by merging staff from the former Controller of Foodgrains Distribution (CFD) with personnel drawn from various sources. In 1968 it issued a government resolution fixing seniority rules (Rule 4(a), (c) and a proviso to Rule 7) that gave released go…

After the reorganisation of states under the States Reorganisation Act, 1956, Assistant Sales Tax Officers (ASTOs) from the former States of Madhya Pradesh and Hyderabad were allocated to the new State of Bombay, where there were no comparable posts. The State Government issued several resolutions altering seniority an…

The appellant, Raghbir, was less than 16 years old when he was convicted of murder under Section 302 IPC and sentenced to life imprisonment by a Sessions Judge. He appealed the conviction, arguing that, as a child, he should have been tried under the Haryana Children Act, 1974, which provides a separate, rehabilitative…

The workmen of Williamson Magor & Co. alleged that the management arbitrarily promoted junior clerks to the Special Grade, superseding the legitimate claims of senior employees, thereby victimising them. The Industrial Tribunal found the promotions unjustified but declined to grant relief because no promotion norms exi…

Prabha Dutt, chief reporter of Hindustan Times, filed a writ petition under Article 32 seeking a direction to allow her to interview two death‑row convicts, Billa and Ranga, in Tihar Jail. The Court examined whether Article 19(1)(a) of the Constitution confers a press right to unrestricted access to information and hel…

The case concerned the seniority of Marketing Inspectors promoted to Senior Marketing Inspectors in Uttar Pradesh before a policy introduced a 50:50 quota for promotion and direct recruitment. Respondents 2‑5, who were promoted by promotion, were later placed below later‑appointed direct recruits in a seniority list, c…

The appellants, members of the Bhuskute family of Timarni, claimed they were descendants of a former ruling chief and therefore entitled to a grant of money or pension under section 5(3)(ii) of the Central Provinces and Berar Revocation of Land Revenue Exemptions Act, 1948. The State Government rejected the claim, hold…

The petitioners, wholesale dealers of beer and Indian Made Foreign Liquor, challenged the levy of an "assessed fee" in addition to the "fixed fee" (auction money) for FL‑2 licences under the Uttar Pradesh Excise Act, 1910 as amended by the 1976 Re‑enactment Act and later 1979 amendments. They argued that the statute al…

Mahabir Prasad occupied a shop‑cum‑flat in Chandigarh under a one‑month rent note dated 24‑04‑1974. The landlady, Surinder Kaur, claimed the tenant had illegally sub‑let portions of the premises after the tenancy expired and sought eviction under Section 13(2)(ii)(a) of the East Punjab Urban Rent Restriction Act, 1949.…

The respondent borrowed money from the appellant and executed a nominal sale deed and rent note for a house, claiming the documents were a sham and that the rent represented interest. The appellant sued in the Court of Small Causes for rent recovery, which decreed that the documents were a genuine sale deed, making the…

The suit concerned land that Venkataramabhadra Naidu had donated to the Bhoodan Yagna in 1953 by unregistered deeds. After the Madras Bhoodan Yagna Act, 1958 (later amended in 1964) the Bhoodan Board allotted the land to the respondents. Naidu subsequently sold the same land to the appellants in 1960 by a registered sa…

A suit for partition of immovable property filed in 1938 in the Munsiff Court at Parappanangadi resulted in a preliminary decree in 1940 and lay dormant for over two decades. After a 1956 High Court order redefining territorial limits, the property fell under the jurisdiction of the Munsiff Court at Manjeri, where the …

The Uttar Pradesh Government, invoking the Essential Commodities Act, fixed a stock limit of 250 quintals for wholesale wheat dealers and issued a teleprinter instruction restricting movement of wheat without a formal order. Wholesale dealers challenged the stock limit and the movement restrictions as violations of Art…

Ashok Kumar challenged his preventive detention under the National Security Act, 1980, arguing that the two‑day delay in furnishing the grounds of detention violated Article 22(5) of the Constitution and that the detaining authority failed to specify the period of detention and to link the grounds to "public order". Th…

The Supreme Court examined an appeal by Hanumant Dass, the father of the deceased Asha, against the acquittal of Vinay Kumar and his mother Chhano Devi by the Punjab and Haryana High Court. The case arose from a murder allegedly committed in Himachal Pradesh but tried in Punjab after a Supreme Court‑ordered transfer. T…

The case concerned a challenge by 25 Group I officers of the Reserve Bank of India to an Administrative Circular (No. 8, 7 January 1978) and an Office Order (No. 679, 27 April 1978) that introduced a combined seniority list and inter‑group mobility for officers across Groups I, II and III, with retrospective effect fro…

The appellant, a medical graduate with an MBBS from Rajasthan University and an MD in Forensic Medicine from the University of Bihar, applied for a lecturer position in Forensic Medicine under the Rajasthan Medical Service (Collegiate Branch) Rules. The Rajasthan Public Service Commission rejected his application, stat…

Wing Commander J. Kumar, an Air Force officer permanently seconded to the Defence Research and Development Organisation (DRDO) in 1971, challenged Rule 16 (promulgated in 1979 under Article 309) which fixed seniority of permanently seconded officers based on the date they attained the substantive rank of Major/equivale…

The appellant, Thakur Narain Singh, sought compensation for the resumption of his father's jagir under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952. The key dispute was whether the jagir should be classified as a "settled" village, allowing compensation based on rent rates fixed in the 1953 settlement,…

The respondent, Mohd. Ashrafuddin, owned agricultural land in Andhra Pradesh and transferred portions of it to others under unregistered sale deeds and a gift deed, but omitted these transfers in his declaration under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The Land Reforms Tribuna…

The appellant, a tenant, occupied a shop on 16 June 1967. The landlord sought eviction, arguing that the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 did not apply because the building was within the ten‑year exemption period. The lower courts held that the date of completion of the buildin…

The petitioners, dealers in rice and owners of a rice mill, challenged Clause 3 of the Haryana Rice Bran (Distribution and Price) Control Order, 1967, which required a permit for the sale of rice bran. They argued that rice bran is not an "essential commodity" under the Essential Commodities Act, 1955, and therefore th…

The appellant, K.P. Varghese, sold a house to his daughter‑in‑law and five children for the same price he had paid for it (Rs 16,500) and reported no capital gain for the 1966‑67 assessment year. The Income‑Tax Officer later issued a notice under section 148 and reassessed the assessee, fixing the fair market value at …

The plaintiffs, Math Sauna temple, claimed that the Amauli properties belonged to the Math or its deity and that Mahant Sadashiva Yati, as Sarbarakar, was entitled to them. The defendants argued that the properties were personal assets of Mahant Shivshankar Yati, acquired from the personal fund of his predecessor Mahan…

Ram Karan and his sons were involved in a violent altercation arising from a land encroachment dispute. During a sudden quarrel, knives were used, resulting in the deaths of Prakash Chandra, his son Umesh Chandra, and Ram Karan's son Chhotey Lal, and injuries to Dinesh Chandra. The trial court convicted all accused of …

The appellant, a son of a military personnel, secured 43.6% marks in the pre‑medical examination for admission to one of the six medical colleges in Madhya Pradesh. Under the statutory Rules, the minimum qualifying aggregate was 50% (reducible to 45% by Rule 20), and vacant seats after this reduction were to be filled …

The Supreme Court examined a writ petition filed under Article 32 by the Shia community of Mohalla Doshipura, Varanasi, seeking enforcement of their customary rights to perform religious rites on nine specific plots and structures, rights previously affirmed by civil courts and Wakf registrations. The petition challeng…

Rukhamanbai, a life‑tenant under a 1930 deed of settlement, leased agricultural land to five tenants. The tenants sought price determination from the Agricultural Lands Tribunal under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948, claiming they were "deemed tenants" under Section 4 and would become…

Ahura Chemical Products Pvt. Ltd. manufactured emulsifiers and wetting agents and bought organic surface active agents from Industrial General Products Pvt. Ltd., a supplier exempt from excise duty because it manufactured without power. Under a 1968 Government Notification, such emulsifiers are exempt from excise duty …

Gauram Singh, a retiring Judge of the Punjab and Haryana High Court, claimed the cash equivalent of his unutilised earned leave salary. The Government rejected the claim, but the Punjab and Haryana High Court ordered payment under Rule 20‑B of the All India Services (Leave) Rules, 1955, read with Rule 2 of the High Cou…

The petitioners, manufacturers of khandsari sugar, challenged a Uttar Pradesh Government notification that allowed a rebate of 0.625 kg per quintal for the binding material when sugarcane was brought in bundles. They argued that the power to prescribe such a rebate was conditional on fixing a minimum price, that the ra…

The Supreme Court examined the constitutional validity of the second proviso to clause 11(1) of the Punjab Foodgrains Dealers Licensing and Price Control Order, 1978 (as amended 1980), which allows the licensing authority to suspend a foodgrains dealer’s licence for up to ninety days without giving the dealer a reasona…

The case concerned doctors who had been absorbed from the Punjab Civil Medical Service into the Central Health Service and later opted to join the newly created Himachal Pradesh Health Service. The petitioners challenged the seniority list prepared by the State, the constitution of the Departmental Promotion Committee,…

Associated Cement Co. Ltd., a cement manufacturer, filed its sales‑tax returns for 1973‑74 under the Rajasthan Sales Tax Act and the Central Sales Tax Act without including freight charges, believing they were not taxable. After the Supreme Court in Hindustan Sugar Mills Ltd. v. State of Rajasthan held that freight for…

Umesh Chandra was charged under sections 364 and 302 IPC for an offence committed on 12 March 1973. He claimed to be a child (under 16) at the time and sought trial under the Rajasthan Children Act, 1970, which mandates that delinquent children be tried in a Children’s Court. The High Court held the Act inapplicable be…

Nagesh Bisto Desai, the son of the last Desai, claimed that the Kundgol Deshgat Estate was an impartible watan governed by the rule of lineal primogeniture, and that, as the present watandar, he was entitled to exclusive possession of the estate. The respondents, members of the same joint Hindu family, contended that t…

The Supreme Court examined whether the FIR lodged against Sanchaita Investments and its partners disclosed a cognizable offence under the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. The firm accepted public deposits at a nominal 12% interest but paid excess interest of up to 48% in cash, prompting th…

The respondents, detained under the Maintenance of Supplies of Essential Commodities Act, 1980, filed habeas corpus petitions in the Allahabad High Court. While the petitions were listed before a Division Bench, a single judge, after hearing counsel, granted them bail on the ground that the State Government had erred i…

The plaintiff, a religious institution holding the inam village of Orma, sued the State of Gujarat in a civil suit claiming that the land was a devasthan (religious) inam and therefore exempt from the abolition provisions of the Bombay Personal Inams Abolition Act, 1952. The State contended that the land was a personal…

Syed Israr Masood, a forest contractor, won an auction for two forest coupes in August 1960, paying an earnest money and the first instalment. Upon inspecting the coupes he discovered that the quantity and quality of timber were far less than advertised, and a substantial portion of the marked trees had been later decl…

Southern Pharmaceuticals and other manufacturers of medicinal and toilet preparations containing alcohol challenged the constitutional validity of sections 12A, 12B, 14(e), 14(f) and 68A of the Kerala Abkari Act, 1967 and related rules, arguing that the State lacked competence because the subject fell within the Union’…

The Supreme Court considered a civil appeal filed by the State of Gujarat against S.M. Baquir, wherein the sole respondent died on 10 December 1978. The Court held that the right to sue survived in the deceased's legal representatives, but under Order XLXI of the CPC and Article 121 of the Limitation Act, an applicatio…

During World War II the Government of India acquired land for an aerodrome and later leased the unused 300‑acre portion to Banshidhar, who cleared the jungle and developed a tea garden. After the lease was taken, the Government claimed the land was needed for defence purposes and subsequently decided to auction the lea…

Dr. Yogendra Singh, a Professor of Surgery at Magadh Medical College, was appointed under university regulations that fixed the retirement age at 62. After the Bihar Government took over the college under the Bihar Private Medical Colleges (Taking Over) Act, 1978, a Screening Committee recommended retiring teachers ove…

The appellant, Babu Singh Chauhan, was allotted a residential unit by the Rent Control and Eviction Officer after the previous tenant gave notice to vacate. The landlady, Rajkumari Jain, was not consulted for a nomination despite her ownership and partial occupation of the building, and her application for release unde…