Judgments of 1983

The Supreme Court examined the murder case of five persons and injuries to three others in Kaila village, where ten accused were tried under sections 302, 120B and 149 of the IPC. The prosecution relied on three eye‑witnesses, a dying declaration of Sohan Singh, and firearms recovered from the accused, while the FIR fi…

Mohd. Shakeel Wahid Ahmed was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 7 November 1981. An earlier detainee, Shamsi, had been released after the Advisory Board reported no sufficient cause for his detention. The High Court upheld Ahmed's detention on the ba…

The Executive Committee of Meerut College elected Shri J.D. Singhal as Honorary Secretary, but the Vice‑Chancellor set aside the election on the ground that Singhal was disqualified under section 39 of the Uttar Pradesh State Universities Act, 1973 because his brother, a lecturer in the college, received remuneration. …

The Supreme Court examined several election petitions filed by Dr. H.V. Hande challenging the election of M. Karunanidhi. The petitioners had deposited the required Rs.2,000 security for costs in the Reserve Bank of India on a pre‑receipted challan, and the petition included a photograph of a fancy banner but no copy o…

The State of Karnataka and Regional Transport Officers appealed against the Karnataka High Court’s decision striking down sub‑rule (2) of Rule 5 of the Karnataka Motor Vehicles Rules, 1963, which required a two‑year experience of driving a medium motor vehicle before granting a licence to drive a heavy motor vehicle. T…

Syedabad Tea Co. Ltd. owned three parcels of land in Bihar that were acquired by the State of Bihar in 1951 under the Land Acquisition Act. While the State of Bihar appealed the compensation awarded by the District Judge, the West Bengal (Transfer of Territories) Act, 1956 came into force, transferring the territory (a…

L.V. Jadhav, the father of the bride, complained that during his daughter's marriage the groom's father and son demanded Rs. 50,000 as dowry, threatening to halt the ceremonies. The Judicial Magistrate issued summonses, but the Bombay High Court quashed the proceedings, holding that no offence under Section 4 of the Do…

The Banco Nacional Ultramarino (BNU) operated branches in Goa, Daman and Diu until the territories were liberated from Portuguese rule in 1961. On the eve of liberation BNU transferred assets to its Lisbon head office, leaving local depositors and borrowers in distress. The President of India promulgated the Goa, Daman…

Reynold Rajamani and his wife, married under the Indian Christian Marriage Act, filed a joint petition under Section 28 of the Special Marriage Act seeking divorce by mutual consent. The trial court dismissed the petition, and the couple attempted to rely on Section 7 of the Indian Divorce Act 1869 read with Section 1(…

The Supreme Court examined a writ petition under Article 32 challenging the detention of Shri Dev Raj Dewan under Section 3(2) of the National Security Act, 1980. The petitioner's counsel argued that the grounds of detention included several criminal cases in which the detenu had been acquitted, and that the alleged ac…

The Supreme Court examined whether a Regional Transport Authority or a State Transport Authority could issue temporary All‑India tourist permits under Section 62 of the Motor Vehicles Act, 1939. The State of Karnataka had issued 36 regular All‑India tourist permits under Section 63(7) and rejected applications for temp…

Dr. V.K. Saxena and a nurse, Bhagwati Singh, were convicted for the murder of Sudha, Saxena's wife. The Sessions Judge sentenced Saxena to death and the nurse to life imprisonment. The Allahabad High Court reduced Saxena's death sentence to life imprisonment and acquitted the nurse, citing a split opinion among its jud…

The petitioners, Dr. Vijay Kumar Rathuria and another, filed two Special Leave Petitions seeking an interim order that the status quo of their postgraduate studies at Medical College, Rohtak be maintained as of 1 October 1982. A dispute arose over whether their provisional admissions had been cancelled before that date…

The Assistant Collector of Customs intercepted a fishing vessel carrying 194 ingots of silver, suspecting smuggling. The accused were convicted under several statutes, including section 135(1)(a)(ii) of the Customs Act, 1962. The Bombay High Court set aside the conviction under the Customs Act, holding that the phrase …

The State of Maharashtra filed a Special Leave Petition under Article 136 challenging a Bombay High Court order that the Governor should exercise his own discretion, not the advice of the Council of Ministers, when deciding whether to grant sanction under Section 6 of the Prevention of Corruption Act for the prosecutio…

The petitioners, owners of stage‑carriage motor vehicles in Punjab, challenged a 1981 amendment that raised the motor‑vehicle tax to Rs 500 per seat (maximum Rs 35,000) alleging it was expropriatory, violated Articles 14, 19(1)(g), 301 and 304(b) of the Constitution and was beyond the State’s legislative competence. Th…

M.G. Brothers Lorry Service, a common carrier, failed to deliver a consignment of yarn entrusted by Prasad Textiles. The Way Bill governing the carriage contained Condition 15, which required any claim to be made in writing within 30 days of booking or arrival. Prasad Textiles gave notice of claim on June 20, 1969, aft…

The case concerned a dispute under the Bombay Tenancy and Agricultural Lands Act, 1948 concerning land deemed purchased by a tenant on the tillers' day (1 April 1957). The respondent, who had failed to appear before the Agricultural Lands Tribunal under s.320 and whose sale was declared ineffective, later applied under…

The Delhi Municipal Corporation raised the slaughtering fee from Rs.0.25 paise to Rs.2 for small animals and from Rs.1 to Rs.8 for buffaloes in 1968. Butchers challenged the increase, claiming it was disproportionate to the cost of services and therefore a tax, not a fee. The High Court, relying on a budget item showin…

The Minimum Wages Inspector filed applications before the Minimum Wages Authority seeking overtime wages for four tube‑well operators employed by Taluka and District Panchayats in Gujarat, alleging that they worked beyond the hours prescribed under the Minimum Wages Act, 1948. The Authority dismissed the applications, …

The Gujarat Panchayat Act, 1961 created a distinct Panchayat Service for officers and servants of gram, taluka and district panchayats. After the High Court held that members of this service, including the local cadre, were government servants entitled to pay revisions and other benefits, the State of Gujarat appealed.…

R.C. Sood gifted a house to Anand Mayee Sangh with a stipulation that he could occupy it during his lifetime and, after his death, his widow could remain. The appellant, the widow of Sood's brother, was invited by Sood to live in the house in 1967 and continued to reside there after his death in 1973. The Sangh served …

The appellant, an unsuccessful candidate in a Rajya Sabha election conducted by single transferable vote, filed an election petition under section 81 of the Representation of the People Act, 1951 seeking scrutiny and recount on the ground that several valid votes had been wrongly rejected and that the Returning Officer…

The Supreme Court examined whether Section 129‑A of the Motor Vehicles Act, 1939, which authorises police or other state‑appointed persons to seize and detain a motor vehicle used without registration or permit, infringes the fundamental right to practice any trade or profession under Article 19(1)(g) of the Constituti…

The petitioners, three life convicts incarcerated in Haryana, claimed that under‑section 428 of the Criminal Procedure Code the period of their pre‑conviction detention should be set off against their sentences, making them eligible for premature release under Para 516‑B of the Punjab/Haryana Jail Manual. The State Gov…

The petitioners, Radio Operators Grade III (Naik) of the Central Reserve Police Force, challenged their placement in the Central Civil Services (Revised Pay) Rules, 1973 pay scale of Rs.225-308 with a special pay of Rs.30, claiming entitlement to a higher scale of Rs.260-430 based on qualification requirements and pari…

The plaintiffs, who were Thekedars, claimed that the Theka granted to them was for personal cultivation, which under Section 12 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 made them hereditary tenants entitled to retain possession. The defendants, lessees of the Zamindars, argued that they were …

The appellant, a promotee in the Military Engineer Services (MES) Class I, challenged a 1974 seniority list that, applying a 9:1 quota between direct recruits and promotees, rendered him surplus and denied him a berth. The Court examined the validity of the earlier seniority lists of 1963 and 1967/68, the statutory cha…

Ramji Dwivedi was appointed principal of a non‑government aided college after a selection committee chose him on 12 April 1981 and the college management issued an appointment order on 27 April 1981. However, the Uttar Pradesh Government had issued an order on 7 April 1981, under Section 9(4) of the Intermediate Educat…

Ranjan Dwivedi, an advocate charged with murder and conspiracy, filed a writ petition under Article 32 seeking a mandamus directing the Union to provide him with a counsel of his choice at fees comparable to those paid to state-appointed lawyers. He argued that Article 22(1) and the Directive Principle under Article 39…

Jagannathdas and his wife Premwati, childless, created a trust over their estate. The appellant claimed he had been adopted by them on September 24, 1951, making the trust void and entitling him to a half share. The trial court found the adoption valid based on oral testimony, the adoption deed, and surrounding circums…

The State of Maharashtra sought to establish a permanent bench of the Bombay High Court at Aurangabad, but pending central approval, the Chief Justice issued an order under s.51(3) of the States Reorganisation Act, 1956, appointing Aurangabad as a place where Judges and Division Courts may also sit. The High Court stru…

Asharam M. Jain filed a Special Leave Petition under Art. 136, alleging that the Chief Justice of the Maharashtra High Court and another judge had acted with bias and prejudice. The petition contained vitriolic accusations that the judges had deliberately harmed the petitioner and obstructed justice. The Supreme Court …

Sadhu Ram, a probationary bus conductor, was terminated by the Delhi Transport Corporation. After a failed conciliation, the Conciliation Officer reported to the Delhi Administration under s.12(5) of the Industrial Disputes Act, and the Government referred the matter to the Labour Court, which held that a valid demand …

The Supreme Court heard three writ petitions under Article 32 challenging the constitutionality and legality of orders convening General Court‑Martials for Lt Col Prithipal Singh Bedi, Capt Dharam Pal Kukrety and Capt Chander Kumar Chopra. The petitioners argued that the composition of the courts‑martial violated Rule …

Bhagwan Dass obtained an ex‑parte decree in a small causes suit and, within the limitation period, applied for security under the proviso to s.17(1) of the Provincial Small Cause Courts Act, 1887. He furnished a surety bond stamped with a court‑fee of Rs 2, which the court later held was not duly stamped under the Indi…

The appellant challenged the appointment of A.P. Joseph as principal of a minority college, arguing that an amendment to the U.P. Intermediate Education Act (U.P. Act 26 of 1975) had removed the Director of Education’s power to appoint principals of minority institutions, and that the earlier disapproval of the selecti…

The wife filed a petition under Section 13 of the Hindu Marriage Act for divorce, and the trial court passed an ex‑parte decree in her favour on 6‑12‑1979. The husband appealed the decree under Section 96 of the CPC and sought condonation of delay under Section 5 of the Limitation Act, but the appeal was dismissed on t…

The appellant, a government servant, was convicted by the Sessions Court of rape, outraging modesty and wrongful confinement of two minor girls aged about 10‑12, and the High Court affirmed the convictions for confinement and outraging modesty while reducing the rape conviction to an attempt. He appealed to the Supreme…

Sher Singh and others were convicted of murder under IPC s.302/34 and sentenced to death in 1977. After the High Court upheld the sentence and the Supreme Court dismissed their Special Leave Petition, the petitioners filed writ petitions under Art.32 claiming that a delay of more than two years in executing the death s…

The Supreme Court examined two Uttar Pradesh Government notifications issued under section 43‑A of the Motor Vehicles Act, 1939 that directed all eligible applicants to be granted stage‑carriage permits without any upper limit and limited the factors transport authorities could consider to only certain clauses of secti…

The appellant, a decree‑holder in a pre‑emption suit, was required to deposit the purchase price and costs in court. He deposited the full amount except for a shortfall of 25 paise, which he later paid after obtaining permission, claiming a bona‑fide mistake. The executing court condoned the shortfall, but the first ex…

The petitioners, who had defaulted on Uttar Pradesh sales tax, were subject to arrest and detention under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, as a method of recovering arrears treated as land revenue. They challenged the constitutionality of this process, alleging violations of Articles 14…

The Supreme Court examined several Special Leave Petitions challenging the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The petitioners argued that a separated minor son should not be treated as a member of the family unit, that land transferred by such sons before the Act should not be cou…

The State of Andhra Pradesh issued orders fixing maximum prices for certain cooked food items served by catering establishments under the Essential Commodities Act, 1955. Several hoteliers challenged the orders, arguing that the term "foodstuffs" in the Act does not cover cooked food and that the price fixation was arb…

The plaintiff's motor car was damaged in an accident and, under the terms of his insurance policy, was taken to a repair workshop where the insurer approved the repair estimate and agreed to pay the charges. While in the workshop the car was destroyed by fire. The plaintiff sued the insurer claiming that, by virtue of …

The petitioner, a former member of the Bihar Education Service, sought enforcement of a 1971 Supreme Court mandamus directing the State to compute his pension based on his promotions to Class II and Class I. Despite the Chief Minister’s orders in 1974, the State computed his pension as if he retired from Class I only, …

The appellants, originally Upper Division Clerks in the Chief Engineer's office, were transferred in 1964 to the Deputy Chief Accounts Officer (DCAO) of the Nagarjuna Sagar Project and later regularised and permanently absorbed in Upper Division Clerk posts. Respondents, who had been serving in the DCAO's accounts orga…

Rama Kant Misra, a workman with over 14 years of service and secretary of the workers' union, was charged on 18 November 1971 with using abusive and threatening language towards a senior officer over a wage deduction. An inquiry found the charge proved and recommended dismissal, which was effected on 6 April 1972 befor…

The petitioner, on behalf of workmen employed on two ferries operating at Bhagalpur and Sultanganj, alleged that they were not paid the minimum wages prescribed under the Minimum Wages Act, 1948. The key question was whether the ferries qualified as "establishments" within the meaning of the amended Entry 27 of the Act…

The respondent, Dr. G.K. Ghosh, a government orthopaedic surgeon, was convicted by a Special Judge for demanding and accepting illegal gratification from a patient’s father under Section 5(1)(d) of the Prevention of Corruption Act, 1947 and for criminal intimidation under Section 161 IPC. The conviction was set aside b…

The petitioners, a group of companies, challenged the constitutional validity of Section 58A of the Companies Act, 1956 and Rule 3A of the Companies (Acceptance of Deposits) Rules, 1975, arguing that the mandatory 10% liquid asset requirement for deposits maturing in a year violated Articles 14 and 19(1)(g) of the Cons…

Shantilal Private Ltd entered into a contract to sell folic acid but could not deliver due to a sharp price rise. The dispute was referred to arbitration, which awarded the buyer Rs 1,50,000 as compensation for breach of contract. The assessee claimed this payment as a business loss, but the Income‑Tax Officer treated …

The petitioner Jharia was convicted under IPC s.302 read with s.34 and sentenced to life imprisonment, a conviction upheld by the Rajasthan High Court while his co‑accused were acquitted. He applied for special leave to appeal to the Supreme Court under Article 136, but the petition was dismissed, as was a subsequent r…

The respondent, a teacher absorbed into Madhya Pradesh government service, had his employment terminated after a police report alleged his prior involvement in RSS and Jan Sangh activities. The High Court quashed the termination, holding that the order was punitive and violated Article 311 of the Constitution. The Stat…

A long‑standing feud between two families in Punjab resulted in a series of five murders on the night of 12‑13 August 1977, killing seventeen people. Machhi Singh and eleven associates were tried in five separate sessions cases; four were sentenced to death and nine to life imprisonment. The Supreme Court examined (i) …

The Punjab Engineering College admitted sixteen students for the 1982‑83 academic year in violation of its admission rules. The Punjab & Haryana High Court struck down those admissions, but the students had already completed one or two semesters. The Supreme Court held that cancelling their admission at this stage woul…

The State of Bihar appealed against a Patna High Court judgment that upheld the title suit of Radha Krishna Singh, who claimed to be the nearest reversioner of the late Maharaja Harendra Kishore Singh's estate. The dispute centered on whether the plaintiffs could prove the genealogical links connecting them to the Maha…

The Rajasthan Public Works Department employed workers from a drought‑stricken area to construct the Madanganj Harmara Road as famine relief, paying wages based on a work‑norm such that workers whose gangs failed to meet the norm received less than the statutory minimum wage of Rs.7 per day. The petitioners challenged …

The United Industrial Bank sued the Cotton Corporation of India seeking a declaration that the bank’s branch manager lacked authority to co‑accept usance bills and also obtained an interim injunction restraining the corporation from filing a winding‑up petition against the bank. The Bombay High Court’s Division Bench u…

The Supreme Court examined a scheme whereby several states reserved a percentage of seats in medical colleges for candidates from other states to promote national integration. The Jammu & Kashmir and Andhra Pradesh governments nominated candidates to these seats without any objective criteria, prompting the petitioners…

The Official Liquidator, appointed to wind up Chit Centre Pvt. Ltd., took possession of the company's office premises and sought the court's direction on how to dispose of them. The Bombay High Court directed that the premises be let on a caretaker basis, leading the liquidator to enter a caretaker agreement with Smt. …

The appellants, industrial consumers with their own electricity‑generating plants installed before 2 January 1973, also purchased power from the State’s licensees and challenged the liability to pay electricity duty under the Uttar Pradesh Electricity (Duty) Act, 1952. They argued that Section 3(1)(c) and Section 4(1)(…

Naib Singh, originally sentenced to death for murder, had his sentence commuted to "imprisonment for life" and had served 22 years (including remissions). He claimed that life imprisonment could not be executed in Indian jails and that, after serving 14 years of rigorous imprisonment, he should be released absent a for…

Manohar Nath Kaul, a Regional Officer of the Directorate of Field Publicity, obtained air tickets in lieu of exchange orders and, contrary to rules, included the ticket costs in his travel allowance bills, receiving payment. He was prosecuted for cheating under IPC s.420 and argued that prosecution required prior sanct…

The petitioners, including Hardev Singh, challenged orders by the states of Haryana and Uttar Pradesh that placed barricades on highways to impede the movement of Akali Sikhs during a threatened Morcha coinciding with the Asian Games. They argued that highways are public thoroughfares and any obstruction is per se unla…

Devi Lal Mahto was arrested on March 2, 1982 and remained in jail when the District Magistrate, Dhanbad, issued a preventive detention order under the National Security Act on April 20, 1982. The petitioner challenged the order on three grounds: (i) the order was invalid because he was already in custody and could not …

The Supreme Court examined two writ petitions under Article 32 filed by Merugu Satyanarayana and Bandela Ramulu, who were already in judicial custody when the District Magistrate of Adilabad issued preventive detention orders under the National Security Act, 1980. The petitioners argued that a person already detained c…

The People's Union for Democratic Rights filed a public‑interest writ petition alleging that contractors engaged in the construction of Asian Games projects in Delhi were violating multiple labour statutes, including the Minimum Wages Act, Equal Remuneration Act, Contract Labour (Regulation and Abolition) Act, Employme…

Shivaji Narayan Bachhav was convicted of murder under Section 302 IPC and sentenced to life imprisonment by a Sessions Judge. He appealed to the Bombay High Court, which dismissed the appeal in limine with a one‑word order, "dismissed." The appellant filed a Special Leave Petition under Article 136 of the Constitution.…

Smt. P. Grover, an award‑winning teacher, was extended in service and promoted to acting District Education Officer effective 19 July 1976, but the promotion order contained a super‑added condition that she would continue to draw her previous salary scale. She filed a writ petition seeking the salary of a District Educ…

The State of Kerala appealed against the High Court's decision in a dispute with Jay Engineering Works Ltd. concerning the timing of a claim for deduction under Rule 9(b)(i) of the Kerala General Sales Tax Rules, 1963 for goods returned by purchasers. The Supreme Court examined whether such a deduction should be claime…

The case concerned the interpretation of the Orissa Additional Sales Tax Act, 1975 as amended in 1979 and whether its additional tax was subject to the single‑point levy rule of section 8 of the Orissa Sales Tax Act, 1947. The appellants argued that, because section 3(2) of the 1975 Act made the provisions of the 1947 …

The appellant, the Kerala Department of Sales Tax, challenged Motor Industries' claim of deductions under Rule 9(a) for a "service discount" and under Rule 9(b)(i) for sales returns in the assessment year 1973-74. The Deputy Commissioner had allowed the service discount deduction but limited the sales‑return deduction,…

The plaintiffs, heirs of Haji Umar Kasam, claimed that his properties in Junagadh were not evacuee property and that the Custodian’s taking over of them was illegal. The Union of India argued that the properties had become evacuee property under the Junagadh Act and subsequent statutes, and that sections 28 and 46 of t…

The petitioners, two retired government servants and a society of pensioners, challenged two 1979 Government memoranda that liberalised pension computation but limited the benefit to employees who were in service on 31 March 1979 (civil servants) or 1 April 1979 (armed forces) and retired on or after those dates. They …

The Official Liquidator instituted misfeasance proceedings under Section 543 of the Companies Act, 1956 against the directors of a company in liquidation, including Dr. S.N. Sinha. Dr. Sinha died intestate during the pendency of the suit, and his heirs and legal representatives were substituted in his place. The Calcut…

Prem Thakur was charged with the murder of five co‑labourers and was convicted by the trial court and the Punjab and Haryana High Court, receiving a death sentence under IPC sections 302 and 201. The prosecution's case rested solely on circumstantial evidence – a motive of theft, the appellant being the last person see…

The President referred a question under Article 317(1) of the Constitution concerning whether a member of the Punjab Public Service Commission, Gopal Krishan Saini, should be removed for alleged gross misbehaviour after allegedly slapping the Chairperson, Santosh Chowdhary. The Court held that the President is not requ…

British India Corporation Ltd., whose head office in Kanpur purchased raw wool and sent it to its Dhariwal mill, was assessed market fees by the Dhariwal Market Committee under the Punjab Agricultural Produce Markets Act, 1961. The company argued that no purchase or sale occurred within the Committee’s notified area, c…

In March 1971, a group of armed dacoits looted the State Bank of Bikaner and Jaipur branch at Bayana, escaped in a stolen Ambassador car, and were later intercepted after the car crashed. The police recovered a black box containing Rs. 6,800 of the stolen cash, along with other incriminating items, and arrested the sev…

The Supreme Court examined the withdrawal of a criminal case against the former Chief Minister of Bihar and others under Section 321 of the Code of Criminal Procedure, 1973. The State had appointed a new special public prosecutor, L.P. Sinha, who applied to the Special Judge for permission to withdraw, citing lack of p…

The appellant, Dhananjoy Das, was detained under Section 3(3) of the National Security Act, 1980 and was served with four paragraphs of grounds. He challenged the order on the basis that the first paragraph was vague and that the grounds related to law and order rather than public order, violating his rights under Arti…

T.V. Vatheeswaran, convicted of multiple murders and sentenced to death in January 1975, remained in solitary confinement for eight years, including two years as a prisoner on remand. He challenged the death sentence on the ground that the prolonged delay in execution, coupled with illegal solitary confinement, violate…

Dr. Asim Kumar Bose, a Specialist Grade II radiologist attached to Irwin Hospital (a teaching hospital of Maulana Azad Medical College), claimed eligibility for appointment as Associate Professor (and later Professor) of Radiotherapy based on his ex‑officio role as Associate Professor of Radiology. The Ministry of Heal…

The case concerned the murder of Jadoo and injuries to three others during a waylaying by twelve accused. The trial court convicted eleven of the accused, including Maqsoodan, under sections 302, 307 and related provisions, sentencing Maqsoodan to death. On appeal, the Allahabad High Court reduced Maqsoodan's sentence …

Biru Mahato was arrested in January 1982 for offences under the IPC and was already in jail when the District Magistrate, Dhanbad, on 5 February 1982 issued a preventive detention order under Section 3(2) of the National Security Act, 1980, to prevent him from acting prejudicial to public order. The order was served wh…

Four Sub‑Judges were recommended by the Jammu & Kashmir High Court for promotion to District Judges. The State Government, relying on a Cabinet sub‑Committee, appointed four other officers, ignoring the High Court’s recommendations and without communicating any counter‑proposals. The petitioners filed writ petitions ch…

H.M.M. Ltd., a manufacturer of Horlicks powder, imported 8,736 kg of the product into the Calcutta Metropolitan Area in 1974 and declared its value under Rule 12(1) of the 1970 Rules. The Entry Tax Officer rejected the declared value, citing non‑availability of supporting documents and resorted to a "best judgment" ass…

The Supreme Court treated a journalist’s letter alleging assault and torture of women prisoners in Bombay police lock‑ups as a writ petition under Article 32. After directing an independent social‑work researcher to verify the allegations, the Court found that legal aid to indigent prisoners is a constitutional imperat…

The Food Inspector of the Baroda Municipal Corporation purchased curd from the respondents' shop and sent samples for analysis, which showed marginal adulteration. The trial court convicted the respondents under the Prevention of Food Adulteration Act, 1954, but the Sessions Judge acquitted them on the ground that the …

Kishan Chand Mangal, a factory inspector, demanded a Rs.150 bribe from factory owner Rajendra Dutt, who filed a complaint. The Anti‑Corruption Department set a trap, marking the money with phenolphthalein and having two witnesses, Ram Babu and Keshar Mal, observe the hand‑over. The accused’s hands turned pink when dipp…

D.P. Maheshwari was terminated from his employment in 1969 and raised an industrial dispute that was referred to the Additional Labour Court under sections 10(1)(c) and 12(5) of the Industrial Disputes Act. The Labour Court examined the evidence and held that Maheshwari was a "workman" under section 2(s) because his du…

The State of Assam detained Sarat Mudoi under the National Security Act, 1980, Section 3(2) read with 3(3), issuing an order that did not specify which of the 16 notified supplies or services were affected by his alleged conduct. The High Court quashed the detention, holding that the order must name the particular supp…

Munshi Ram filed a suit for possession of land, invoking his pre-emption right against Narsi Ram and another, based on a certified copy of a sale deed that listed only those two respondents. During the trial, the original sale deed was read out, revealing a third vendee, Munni Devi, who had not been impleaded. The appe…

The State of Assam charged Sub‑Inspector Mafizuddin Ahmed with murder for allegedly pouring kerosene on his wife and setting her on fire. The prosecution relied on the victim's dying declaration recorded by a magistrate, an oral statement to her uncle, and the testimony of her 7‑year‑old son. The trial court convicted,…

In 1982 the Chief Controller of Imports and Exports issued Export Instruction No. 59/82 allowing export of up to 10,000 tonnes of Niger seeds through NAFED on a first‑come‑first‑served basis, subject to a minimum price and irrevocable letters of credit. The petitioners entered into a contract for 1,000 tonnes, obtained…

Ibrahim Ahmad Batti, a Pakistani national, was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) on 1 July 1982 for alleged smuggling. The grounds of detention were served in English and Urdu within five days, but Urdu translations of the bulk of the documents rel…

The Maharashtra State Electricity Board (MSEB) invited tenders for supply of goods, allowing exemption from earnest money upon furnishing a Rs 50,000 bank guarantee. Cochin Malleables (in liquidation) gave such a guarantee through Canara Bank. When the Board demanded payment of Rs 50,000, the company was ordered wound …

The Supreme Court examined a dispute arising from the acquisition of 196 bighas of land under the Land Acquisition Act, 1894, where the owners, a mortgagee, a tenant and a sub‑tenant (Sewa Ram) each claimed compensation. The owners argued that, having redeemed the mortgage under Section 15 of the Delhi Land Reforms Act…

The Supreme Court examined two writ petitions challenging orders of preventive detention under the National Security Act, 1980 issued against Alijan Mian and Jadunandan Sah, who were already in jail and likely to be released on bail. The detaining authority justified the detention on the ground that, if released, the p…

The Supreme Court examined two writ petitions filed by junior engineers of the Delhi Municipal Corporation (DMC) challenging the corporation's recruitment and promotion practices for Assistant Engineer posts. Petitioners argued that the DMC should suspend direct recruitment, honor a 50:50 promotion‑direct recruitment q…

The appellants Ramji Surjya Padvi and Bhikji Surjya Padvi were charged under sections 302 and 34 of the IPC for the murder of Prabhat Singh. The trial court acquitted them, finding the sole eye‑witness, the victim's wife (PW‑2), unreliable due to contradictions, lack of corroboration, a 24‑hour delay in filing the FIR,…

The petitioner, a member of the Scheduled Castes, appeared for a competitive recruitment for six stenographer posts and secured the seventh position in the final merit list. The State Government had issued an order reserving 18% of subordinate service posts for Scheduled Castes, with a roster prescribing that in every …

Titaghur Paper Mills Co. Ltd. was assessed for sales tax for the year 1980-81 under the Central Sales Tax Act, 1956 and the Orissa Sales Tax Act, 1947 after the assessing officer, having refused further adjournments, made a best‑judgment assessment treating the gross turnover as taxable. The company filed writ petition…

The State of Haryana resold liquor licences that had been defaulted on by the original bidders, either through re‑auctions or private negotiations, and demanded the shortfall between the original bids and the resale proceeds. The respondents challenged the State's demand, arguing that the re‑auctions were not conducted…

The petitioners, owners of mini‑buses, challenged Condition No. 18 attached to their contract‑carriage permits, which limited the age of the vehicle (originally four years, later seven). They argued that the condition violated Article 14 because omnibuses were not subject to a similar restriction, that it was ultra‑vir…

The deceased wife was alleged to have been repeatedly harassed by her husband Virbhan Singh and his parents for being childless, leading them to murder her. The prosecution proved that she was assaulted, suffered multiple ante‑mortem injuries, and was subsequently hung to simulate suicide. Medical and post‑mortem evide…

The Directorate General of Supplies & Disposals (DGS&D) entered into a standard form contract with Kamaluddin for timber supply, which contained Clause 18 allowing the Government to recover any claimed sum by appropriating amounts due under other contracts, and Clause 24 providing for arbitration. Kamaluddin failed to …

The petitioners, operators of tourist vehicles holding all‑India permits issued under Section 63(7) of the Motor Vehicles Act, challenged Karnataka's withdrawal of a tax exemption that had previously been granted to such vehicles. The exemption was intended to avoid double taxation of tourist vehicles when they operate…

The accused police officers were tried for murder, assault and creating false evidence after Balwant Singh died while in police custody. The Sessions Judge acquitted them, finding the prosecution’s case implausible and the evidence unreliable. On appeal, the High Court reversed the acquittal, relying chiefly on the pre…

The General Secretary of an employees' association filed a complaint against a security officer and the institute's Director, alleging offences under the IPC. The Chief Judicial Magistrate, after a Section 202 inquiry, found no prima facie case against the Director and declined to issue process, while proceeding agains…

The appellants sought substitution of the deceased sole appellant's legal representatives, setting aside of abatement, and condonation of delay in a ceiling appeal under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The Additional District Judge dismissed the application, and the High Court upheld the dism…

The respondent, V.P. Sayed Mohammed, was seized with 28 gold bars at Trichur railway station and charged under s.135(b) of the Customs Act, 1962 read with s.85(ii) of the Gold (Control) Act, 1968. Evidence included the inspector’s seizure report, a ticket collector’s testimony, a goldsmith’s certification that the bars…

Ved Gupta obtained a licence to exhibit films at Apsara Theatre in his personal capacity, while the cinema was operated by a partnership that included him and two others. The partners claimed that the licence was the property of the partnership and that they were entitled to notice and a hearing before the licensing au…

A Food Inspector entered the appellant's grocery shop and demanded a sample of dhania for analysis. The appellant left the shop under the pretext of passing urine and did not return for about one and a half hours, after which the inspector took the sample in his absence. The appellant was charged under Section 16(1)(c)…

The appellant, a recognised trading house, had acquired a Replenishment (REP) licence by transfer from a manufacturer‑exporter and sought endorsement to import raw materials under paragraph 138(1) of the Import Policy, 1981‑82. The licensing authority refused, relying on a circular dated 31‑Aug‑1981 which required that…

The case concerned a 16‑acre agricultural plot in Ahmednagar where, under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948, the tenant Janardhan became a "deemed purchaser" on the tiller's day of 1 April 1957. The landlord Tarachand Chopra later died leaving a will in favour of his minor son Ashoklal, …

A supervisor of the Karnataka Electricity Board discovered that the respondent had tampered with the electric meter to avoid recording consumption and lodged a complaint with the police. The trial magistrate acquitted the respondent, holding that the supervisor was not authorized under section 50 of the Indian Electric…

The respondents, Laxmi Brahman and Naval Garg, were arrested for murder (IPC s.302) and surrendered before a magistrate on 2 November 1974. The investigating officer failed to file the charge‑sheet within the 60‑day limit prescribed by the then Section 167(2) of the Cr.P.C., and the respondents did not apply for bail u…

Earabhadrappa, alias Krishnappa, was employed as a domestic servant in Karnataka and on the night of 21-22 March 1979 strangulated his employer's wife, Bachamma, and robbed her of gold ornaments and silk sarees. He absconded and was apprehended a year later, after which he made a statement that led police to recover th…

The case involved the murder and dacoity of village Pradhan Mauji Lal. The prosecution alleged that nine accused entered the house at night, assaulted the deceased and his family, and looted property. The key issues were whether the first information report (FIR) was ante‑timed and whether Section 157 of the CrPC requi…

The Supreme Court considered writ petitions filed by Sanjeev Coke Manufacturing Co. and Sunil Kumar Ray challenging the inclusion of their coke‑oven plants in the Second Schedule of the Coking Coal Mines (Nationalisation) Act, 1972 on the ground of arbitrary discrimination violating Article 14. The Court examined wheth…

The case arose when a group of shareholders filed a winding‑up petition against Ramakrishna Industries Ltd. and obtained an interim injunction that threatened the payment of wages and supplies to the company's employees. Three trade unions representing the workers applied to be impleaded as respondents, arguing that th…

The petitioners were appointed as Trust Executive Officers under the Punjab Town Improvement Act, 1922, with a contractual clause stating a one‑year probation period. After completing that year and receiving an increment, the State Government dissolved the improvement trusts and, invoking Rule 9 of the Punjab Trust Ser…

The case involved a constitutional challenge to the death penalty for murder under Section 302 of the Indian Penal Code and the sentencing procedure under Section 354(3) of the Code of Criminal Procedure, 1973. The Supreme Court, by a 4-1 majority, upheld the constitutionality of both provisions. The Court held that th…

The Supreme Court examined the constitutional validity of the Auroville (Emergency Provisions) Act, 1980, which authorised the Government of India to take over the management of the Auroville township for a limited period due to alleged mismanagement and fund diversion by the Sri Aurobindo Society. The petitioners chal…

The State of Uttar Pradesh challenged the refusal of a competent authority to permit L.J. Johnson to sell a portion of his 2,530 sq m parcel, which included a small building, on the ground that the total area exceeded the 2,000 sq m ceiling for Category D urban land under the Urban Land (Ceiling & Regulation) Act, 1976…

The Supreme Court examined the interpretation of Rule 13(1) of the 1973 Adhoc Rules and Rule 6 of the 1974 Adhoc Rules governing seniority and promotion of Junior Lecturers in Andhra Pradesh junior colleges. Petitioners, who were first or second class post‑graduate degree holders, claimed that the 1976 seniority list, …

The appellant, a food inspector, charged the respondents with adulterating food under s.16(1)(a) of the Prevention of Food Adulteration Act, 1954 as it stood in West Bengal after the 1973 State amendment, which prescribed life imprisonment and made the offence triable only by a Sessions Court. While the case was pendin…

The landlord, a Hindu Undivided Family, sought eviction of the tenant, Precision Steel & Engineering Works, under clause (e) of the proviso to Section 14(1) of the Delhi Rent Control Act, claiming bona‑fide personal need for the premises. The tenant filed an affidavit seeking leave to contest, denying the landlord's cl…

The respondents were convicted under s.302 read with s.34 IPC for murdering Rajinder Kumar. The High Court acquitted them, holding that the eye‑witness statements were inconsistent with the post‑mortem report, that the FIR omitted details about the use of spears as lathis, and that the witnesses were interested. The Su…

The case concerned three Maharashtra civil servants who, while under suspension, were convicted under the Prevention of Corruption Act and sentenced to imprisonment but remained on bail and were never actually incarcerated. Under Rule 151 of the Bombay Civil Service Rules, 1959, a second proviso reduced their subsisten…

The Supreme Court examined the constitutionality of Section 303 of the Indian Penal Code, which mandates death for a murder committed by a person already serving a life sentence. The petitioners argued that the provision was arbitrary, discriminatory and denied the accused a fair procedure under Articles 14 and 21 of t…

The State of Punjab filed criminal proceedings under Section 7(i) of the Prevention of Food Adulteration Act, 1954 against a vendor, a dealer and a manufacturer of vanaspati after a food inspector took a 1.5 kg sample by opening one sealed tin of 16.5 kg and found the product adulterated. The Punjab & Haryana High Cour…

The Supreme Court examined the constitutional validity of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966, particularly section 7(6) which bans sale of notified produce outside the market, and section 12(1) which authorises a market fee. The petitioners argued that these provisions infringed A…

The dispute arose from a contract between Food Corporation of India and Yadav Engineer that contained an arbitration clause. Yadav Engineer filed a suit seeking a declaration that the contract was subsisting and an interim injunction against the corporation. The corporation appeared, sought time to reply to the injunct…

Bhagwant Singh, a senior Indian Revenue Service officer, filed a writ petition under Article 32 of the Constitution alleging that his daughter Gurinder Kaur was murdered in a dowry‑related dispute and that the Delhi police investigation was irregular, delayed and failed to collect crucial evidence. The Supreme Court ex…

The petitioners, nomadic graziers from Gujarat and Rajasthan, challenged a Madhya Pradesh notification that imposed higher grazing charges on "foreign cattle" (cattle owned by persons from other states), prescribed a specific transit route, and limited the period of transit to 45 days. They argued that these measures v…

The appellants, major pharmaceutical manufacturers, challenged the Bihar Finance Act, 1981 which imposed a 10% surcharge on dealers with a gross turnover exceeding Rs.5 lakh and prohibited those dealers from passing the surcharge on to purchasers. They argued that the provision conflicted with the Drugs (Price Control)…

The petitioners, dealers under the Central Sales Tax Act, challenged the constitutional validity of sub‑section (2‑A) of section 9 of the Act (as amended in 1976) and the retrospective validation of penalties, alleging excessive delegation of legislative power and violations of Articles 19(1)(f), 19(1)(g) and 20(1) of …

The petitioners, members of the General Reserve Engineering Force (GREF), were convicted by Court‑Martial under section 63 of the Army Act, 1950 for participating in a protest and were dismissed from service. They challenged the constitutional validity of applying section 21 of the Army Act and rules 19‑21 of the Army …

The State of Mysore and its officers appealed against High Court orders that had set aside demands for non‑agricultural (N.A.) assessment levied under Rule 71 of the Hyderabad Land Revenue Rules (amended 4 July 1958) and Rule 81 of the Bombay Land Revenue Rules (amended 27 March 1958). The petitioners argued that the r…

Binoy Kumar Chatterjee retired from Jugantar Ltd. upon reaching the superannuation age of 60 on 1 December 1976, received his gratuity and provident fund, and was subsequently offered a fresh twelve‑month contract as Assistant Editor. After the contract ended on 1 December 1977 he claimed that his services had been wro…

Geeta Enterprises and others operated a video parlour where patrons could view and play video games of sports and other amusements by inserting a 50‑paise coin for each 30‑second session. The petitioners argued that because the shows involved skill and no admission fee was charged, they did not fall within the definiti…

The case concerned a certificated landlord who, after obtaining an exemption certificate under s.88-C of the Bombay Tenancy and Agricultural Lands Act, 1948, sought possession of land from excluded tenants under s.33-B, claiming he needed it for personal cultivation. The tenants challenged the landlord's claim, arguing…

The appellants, a father and son, entered into a printing‑press agreement with the first respondent and later filed a civil suit for recovery of a deposit and damages, producing the original contract and a money receipt. The respondent complained that the signature on the receipt was forged, alleging offences under Sec…

The National Textile Workers' Union filed a contempt petition against journalist P.M. Kumaraswamy (alias Kailaimannan) for publishing articles alleging corruption by four Madras High Court judges. The Supreme Court directed him to tender a written apology to the Court and the judges and to publish it on the front pages…

Smt. Dipo sued to recover possession of her deceased brother Bua Singh's properties, claiming to be his nearest heir. The trial court held that she could inherit only the non‑ancestral lands, as under local custom a sister is excluded from ancestral property in favor of collaterals. On appeal, the Supreme Court examine…

The State Trading Corporation sued M. Ramnarain Private Ltd. for a sum of over Rs. 40 lakhs. The trial judge granted a decree in favour of the plaintiff and allowed the payment of the decretal amount in instalments. The defendant filed an appeal (No. 36/1981) only against the instalment order, withdrew it the next day,…

The respondent purchased a house in 1960, but in 1965 unauthorised walls were added without municipal permission. The Ahmedabad Municipal Corporation issued a notice under Section 260(1)(a) of the Bombay Provincial Municipal Corporation Act, 1949, requiring the respondent to show cause why the unauthorised work should …

The petitioners challenged the Jammu & Kashmir Agrarian Reforms Act, 1976 on the ground that its provisions violated Articles 14, 19 and 31 of the Constitution. The State contended that the Act is a measure of agrarian reform and therefore falls within the protection of Article 31A, which bars any challenge to its vali…

The Supreme Court considered the custody of an 11‑year‑old daughter, Gospi, of a divorced Parsi couple. The lower courts had awarded custody to the father, but the mother appealed, arguing that the child's welfare required her custody and continued education in a boarding school. The Court held that the welfare of the …

The case concerned a partition suit for 108 acres of land where the original decree holder assigned his 3/8 share to Vishnu Hari Patil, who initiated execution proceedings under Section 54 of the Code of Civil Procedure. During the pendency of the partition, the appellants purchased five fields from the original partie…

Mange Ram, the petitioner, challenged the election of Brij Mohan to the Haryana Legislative Assembly by filing an election petition under the Representation of the People Act, 1951. During the trial he sought to examine a large number of witnesses he had kept present in court, but whose names were not included in the l…

The State of Maharashtra appealed against a Bombay High Court order that had directed the Surplus Lands Determination Tribunal to examine whether land held in the name of the respondent's wife was her separate or stridhan property. The respondent, Vyasendra, claimed that such land should be excluded from the family uni…

The appellant, a Godown‑Keeper of the Food Corporation of India, was transferred from the Northern to the Eastern region at his request and later retransferred back with an assurance that his original seniority would be restored. Subsequent promotions of his juniors led him to seek inclusion in the 1970 promotion panel…

The appellant, a Hindu undivided family (HUF) consisting of Apoorva Shantilal Shah, his wife and two minor sons, sought recognition of two partial partitions of shares in Gujarat Steel Tubes Ltd. under Section 171 of the Income‑Tax Act, 1961. The Income‑Tax Officer refused, and the matter progressed through the appella…

The appellant Roop Lal challenged the election of Nachhattar Singh to the Punjab Legislative Assembly on the ground that the Election Commission’s re‑allocation of the party symbol ‘hand’ to the respondent violated the Election Symbols (Reservation & Allotment) Order, 1968 and the provisions of the Representation of th…

Mahindra & Mahindra Ltd. (M&M) sought a declaration under Section 72A of the Income‑Tax Act, 1961, to carry forward the accumulated loss and unabsorbed depreciation of International Tractor Company of India Ltd. (ITCI) after their amalgamation. The Specified Authority, after a screening committee, recommended that ITCI…

The appellant, S.K. Verma, a Development Officer in the Life Insurance Corporation of India, was dismissed and the dispute was referred to an Industrial Tribunal. The Tribunal held that Development Officers were not "workmen" under s.2(s) of the Industrial Disputes Act, 1947, rendering the reference non‑maintainable. V…

Mrs. Dorothea Mitra obtained a decree of divorce in 1962 granting her permanent alimony of Rs.300 per month until remarriage, under Section 37 of the Special Marriage Act, 1954. The husband, Prafulla Kumar Mitra, died in 1965 without providing for the decree in his will, and the executrix failed to continue payments af…

The incident involved Pussu (alias Ram Kishore) and his associate Sheo Rakhan firing on Bankey Lal and his companions, resulting in Bankey Lal's death and injuries to witnesses. The trial court convicted Pussu under Section 302 IPC (murder) and related offences, sentencing him to death, later commuted to life imprisonm…

Sheikh Zakir was convicted under Section 376 of the IPC for raping Barki Devi, a married tribal woman. The prosecution's case rested on the victim's testimony, corroborated by her husband and two eyewitnesses who saw the appellant on the victim's body and fleeing the scene. The defence argued that the lack of a medical…

The Municipal Board of Pilibhit charged the managing director and officials of L.H. Sugar Factory with failing to pay octroi on 804 maunds of sugarcane brought by rail into the factory on 30 November 1967, alleging a violation of the 1960 octroi bye‑laws. The appellants contended that a 1936 Government order under sect…

The respondent obtained a decree for recovery of money, which was executed by the sale of the appellant's property. The sale was later set aside on appeal, and during the second appeal the parties entered into a court‑sanctioned compromise whereby the appellants would deposit Rs 60,000 by a specified date, failing whic…

A news report prompted the People's Union for Democratic Rights to file a writ petition alleging that migrant labourers on the Salal Hydro‑Electric Project were denied statutory benefits. The Supreme Court examined reports of the Labour Commissioner, which revealed that the project, executed by the National Hydro Elect…

A food inspector found toffees sold by a shop to be adulterated under the Prevention of Food Adulteration Act. The Municipal Corporation of Delhi filed a complaint against the manufacturer, its manager and its directors. The Metropolitan Magistrate summoned all accused, but the Delhi High Court quashed the proceedings …

The Municipal Corporation of Delhi filed a complaint under sections 7, 16 and 17 of the Prevention of Food Adulteration Act alleging that Hindustan Sugar Mills’ milk‑toffees were adulterated. Paragraph S of the complaint specifically named Ram Kishan Bajaj (Chairman), R.P. Neyatiya (Managing Director) and several direc…

The respondent was convicted under Section 34(a) of the Andhra Pradesh Excise Act for possession of eight litres of illicitly distilled arrack. The First Class Magistrate sentenced him to two years' rigorous imprisonment, which is the minimum sentence prescribed by the statute. On revision, the High Court reduced the s…

Rudul Sah was kept in prison for more than 14 years after being acquitted by a trial court. He filed a habeas corpus petition under Article 32 of the Constitution seeking his release and compensation for the illegal detention. The State of Bihar informed the Court that he had already been released, but the petition con…

The petitioners, commissioned officers of the Army Medical Corps, challenged Army Instruction No. 78/78 which limited the enlarged period of ante‑dating of commission to officers commissioned on or after 1 April 1978, alleging discrimination violating Articles 14 and 16 of the Constitution. The Court examined the langu…

The Supreme Court examined an appeal by Babu Ram and others against the Allahabad High Court, which had set aside a Sessions Court acquittal and convicted the accused of murder under sections 302 and 34 IPC. The Sessions Court had found the prosecution's evidence weak, the witnesses unreliable, and the motive unproven,…