Judgments of 1987

The appellant, Shafait Ali, appealed against an order of eviction under Section 14(1)(e) of the Delhi Rent Control Act, 1958, on the ground of the landlord's bona‑fide requirement. The principal question was whether Sections 14(1)(e) and 14A (along with 25A‑C) of the Rent Act are special provisions that override the Sl…

Shad! Lal Sugar Mills Ltd. was assessed for the year 1958-59 with additions of Rs 48,500 for cane cost, Rs 67,500 for shortage and Rs 21,700 for out‑station staff salary. The assessee did not contest the assessment but later faced a penalty under s.274 read with s.271 of the Income‑Tax Act, 1961, after admitting that t…

Eighteen Delhi Armed Police officers were dismissed in 1967 under Article 311(2) proviso clause (c) without an inquiry. The Supreme Court quashed those orders in 1971, reinstating the officers, but the Government issued fresh dismissal orders in June 1971 invoking the President's personal satisfaction. The petitioners …

The petitioners, appointed as full‑time supervisors under Haryana's adult and non‑formal education schemes, were hired on six‑month contracts with a one‑day break after each period, resulting in lower pay than regular supervisors (respondents 2‑6) performing identical duties. They claimed this violated Articles 14 and …

The appellants, heirs and a receiver of a leasehold property in Madras, sought to invoke Section 9 of the Tamil Nadu City Tenants Protection Act, 1921 to compel the landlords to sell the demised land to them after an ejectment suit was filed. The lease, originally granted in 1924, had been abandoned in 1964 and the bui…

The Supreme Court entertained two writ petitions filed under Article 32 challenging the operation of limestone quarries in the Dehradun‑Mussoorie area. A court‑appointed Bhargav Committee and a government Working Group had classified the quarries into categories A, B and C based on environmental and social impact. The …

The landlord, Smt. Lilabati Chakraborty, sued her tenant, Dipak Banerjee, alleging that the tenant had sub-let two rooms of a four‑room dwelling to a tailor, Lalit Mohan Biswas, in violation of Section 13(1)(a) of the West Bengal Premises Act, 1956. The trial court, the first appellate court and the Calcutta High Court…

Asharfi Lal and Babu, real brothers, along with their sons, entered the house of Smt. Bulakan on the night of 13-14 August 1984 to settle a property dispute. They brutally murdered her two daughters, Kumari Sumati (14) and Kumari Kalkanta (20), using a gandasa and a banka, and attempted to kill Smt. Bulakan herself. Th…

Lena Khan, a Deputy Chief Air Hostess of Air India, challenged the airline's retirement policy that required Indian‑origin air hostesses to retire at 35 (extendable to 45) while foreign‑origin hostesses could serve beyond 45, alleging violations of Articles 14 and 15 of the Constitution. The petition also raised whethe…

The Hyderabad Municipal Corporation built houses under its Low Income Housing Scheme and allotted them on hire‑purchase, with the agreement stipulating that title would remain with the corporation until full payment and that all municipal taxes would be borne by the allottees. The corporation served house‑tax notices t…

The appellant, a patwari, demanded Rs.200 for supplying copies of revenue records to a landowner, receiving Rs.50 in advance and promising the balance of Rs.150 on the registration date. The landowner paid the Rs.150 to the patwari, after which the Sub‑Divisional Officer, suspecting misconduct, laid a trap and recovere…

Wing Commander R.R. Hingorani, a retired Air Force officer, was allotted a government flat in 1968. After his transfer in 1970 he failed to inform the Directorate of Estates and continued to occupy the flat for nearly five years beyond the two‑month concessional period, after which the allotment was deemed cancelled. T…

The appellants, registered coal dealers under the U.P. Sales Tax Act, collected sales tax from purchasers after coal became taxable in 1965, but were later held not liable for tax and sought a refund of the amounts deposited. The Sales Tax Officer rejected the refund claim, relying on Section 29-A, which permits refund…

The petition sought revocation of special leave that had been granted by the Supreme Court in the presence of the respondents' counsel after hearing. The Court examined whether it could set aside its own order of special leave, considering the procedural propriety of the original grant and the constitutional implicatio…

The case arose when Major S.K. Sharma complained before a Judicial Magistrate that Colonel Ali and Brigadier Randhawa had assaulted him, leading the Magistrate to take cognizance under the Criminal Procedure Code and issue summons. The Union of India moved to have the matter transferred to the Army authorities for disp…

Following the opening of the Ram Janmabhoomi temple, communal agitation erupted and the petitioners were alleged to have incited violence, leading to their arrest on several IPC charges. While their bail applications were pending, the District Magistrate issued preventive detention orders under sub‑section (3) of secti…

S. Ghosh, a journalist employed at the Calcutta branch of Bennett Coleman & Co., applied to the West Bengal Government under section 17(1) of the Working Journalists and Other Newspaper Employees (Conditions of Service) Act, 1955 for recovery of unpaid wages. After conciliation failed, the West Bengal Government referr…

Banarsi Das, a partner who acquired a one‑sixth share in a sugar mill, received periodic payments from other partners under lease arrangements after the firm was placed under a court‑appointed receiver. The assessee claimed that these receipts were capital in nature and that depreciation could be claimed on the one‑six…

The appeal concerned the interpretation of Section 7D of the Kerala Land Reforms Act, 1963 (as amended 1969), which deems certain occupants of private forests or unsurveyed lands to be tenants. The High Court held that the protection under this provision applies only to occupants whose possession has a lawful origin an…

Mohanlal Jatia was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on the basis of documents seized from his brother‑in‑law and statements recorded by R.C. Singh of the Enforcement Directorate. His wife, Pushpadevi Jatia, challenged the detention before th…

The appellants, convicted by a General Court‑Martial under the Army Act, sought the benefit of Section 428 of the Criminal Procedure Code (CrPC) which allows set‑off of detention time during investigation, inquiry or trial against the term of imprisonment. The Supreme Court examined whether the CrPC provisions apply to…

The Commissioner of Sales Tax, U.P. appealed against the assessment of tax on patta, a cotton belting material, sold by Agra Belting Works. The State had earlier exempted "cotton fabrics of all varieties" from tax by a 1958 notification under Section 4 of the U.P. Sales Tax Act, 1948. A later 1973 notification under Se…

The case concerned an incident that occurred on 2 April 1974, for which a First Information Report was filed suo motu by the police in November 1977, more than three years later, based on a Commission of Inquiry report. The victims of the alleged injuries were themselves produced before the Judicial Magistrate on 3 Apr…

The appellant-landlord filed an eviction suit in 1970 against the respondent-tenant under Section 10(2)(ii)(a) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging unlawful subletting. The subletting in question had been carried out in 1952 by the respondent's father, and the respondent inherited th…

The petitioners, a manufacturer of electrical goods, entered into a contract with Bajaj Electricals Ltd., the buyer, to produce goods that would be sold under the buyer's brand name. After the buyer accepted the goods, the manufacturer affixed the 'Bajaj' label, but the goods were never sold by the manufacturer in the …

The State Government filed a criminal complaint under s.500 IPC, with sanction under s.199(2) CrPC, alleging defamation of the Director General of Police. The trial court took cognizance and issued process against the appellants. The appellants filed a revision petition under s.397 and s.401 CrPC challenging the issue …

The appellant, a tenant, occupied a room in the front portion of a residential building for non‑residential purposes. The landlord sought eviction under Section 10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming the need for additional residential accommodation due to family marriages. Th…

The appellant was detained under Section 3(2) of the National Security Act, 1980 and filed two representations – one to the Chief Minister and another to the Advisory Board – seeking release. While the Advisory Board considered the second representation promptly, the Chief Minister’s office delayed consideration of the…

Amandeep Kaur was brutally murdered by being doused with kerosene and set alight by her mother-in‑law, Kailash Kaur, and sister‑in‑law Mahinder Kaur, allegedly to extract additional dowry. The deceased’s dying declaration, a letter to her father detailing dowry harassment, and medical and police testimony formed the ba…

The respondents, manufacturers of PVC conveyor belting, contended that the product should be classified under the residuary Item 68 of the Central Excise Tariff, while the Revenue argued it fell under Item 22 (man‑made fabrics). The Excise & Gold (Control) Appellate Tribunal found that PVC compounding was carried out s…

The case concerned lands originally settled by the appellant’s grandfather that were requisitioned by the military in 1963 and later acquired by the Central Government in 1970. Abdul Khader, a flower‑picker, claimed to be a protected tenant under the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1…

The case arose from a dispute over an ad‑hoc appointment of a Public Relations Officer in the Bihar Irrigation Department. The Patna High Court, in a 1983 order, directed that the post be filled regularly within six months or the ad‑hoc appointment would terminate. The State continued the ad‑hoc appointment, leading th…

The Supreme Court examined applications by security agencies for exemption from the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981. The State Government had rejected all exemption requests, citing a policy that granting exemptions would not be in the interest of the security guards…

The appellant Shahzad Hasan Khan filed a criminal appeal against the Allahabad High Court's order granting bail to the accused Ishtiaq Hasan Khan in a murder case. The accused had faced three prior bail rejections by the same High Court judge, and a subsequent application was initially directed to that judge but later …

The respondent challenged a notice of reassessment issued under section 147(b) of the Income‑Tax Act, 1961 for the assessment year 1965‑66, arguing that the notice was barred by the statutory limitation. The Gujarat High Court quashed the notice, relying on the earlier Banarsi Debi decision which treated the date of se…

The assessee, a liquor‑vendor firm, filed its return of income based on its own books, which the Income‑Tax Officer rejected and recomputed using an 8% net‑profit rate, resulting in a total income that was less than 80% of the correct income. A penalty under section 271(1)(c) of the Income‑Tax Act was levied, but the T…

The petitioner, H.L. Bhandari, was detained under Section 3 of the National Security Act, 1980 on 25 September 1986 and served with the detention order on 29 September 1986. A habeas corpus petition was filed and the Bombay High Court stayed the detention, but the stay could not be served before the petitioner was flow…

The respondent, an accounts clerk at Bank of India, obtained a withdrawal form bearing forged signatures of account holder V. Suryakantam, presented it to the bank, withdrew Rs.6,000 and pocketed the money, signing the acknowledgment on the reverse. The trial court convicted him under sections 420, 467 read with 109, a…

Ravinder Kumar Sharma, a line‑man employed by the Punjab State Electricity Board, was senior to several colleagues who were promoted to the post of line‑superintendent in 1977. The Board had fixed a quota reserving a percentage of promotions for diploma‑holding line‑men, thereby bypassing Sharma, who, although a non‑di…

The petitioner, D. Misra, secured 470 marks in the written exam and 30 marks in the viva‑voce for the Probationary Munsif post, but was omitted from the select list prepared by the Orissa Public Service Commission. The Commission had introduced a rule requiring a minimum 30% score in the viva‑voce, based on the advice …

The petitioners, life convicts for murder, were released on bail pending appeal and were granted a remission of 19 months and 12 days while on bail. The State, relying on a Governor's order and a subsequent letter, excluded prisoners on bail or with suspended sentences from remission under paragraph 637 of the Punjab J…

The case arose from the seizure of primary gold stored by the widow Ratanbai, who claimed it belonged to her late husband Kesharimal Porwal, while the true owners were his grandsons under a will. The Central Excise authorities confiscated the gold and imposed a penalty on Ratanbai for violating the Gold Control Ordinan…

Hindustan Steelworks Construction Ltd entered into a contract with C. Rajasekhar Rao for certain works. Disputes arose and, after the appointed arbitrators could not agree, the Supreme Court directed the appointment of party‑appointed arbitrators and, in case of disagreement, an umpire (Justice Jaganmohan Reddy). The u…

Jagjit Bus Service, a stage carriage operator, applied for renewal of its permit on a Punjab route but was repeatedly granted only temporary permits. The State Transport Commissioner justified this by citing two incomplete schemes under s.68(2) of the Motor Vehicles Act, 1939, and the absence of a finalized state trans…

The workers of Mis Rohtas Industries Ltd. were not paid salaries due from May 1984 to July 8, 1984 despite a Supreme Court order dated 5 February 1986 directing payment in three instalments. The State of Bihar later declared the company a "sick industry" under Section 3 of the Bihar Relief Undertakings (Special Provisi…

The appellants' father bought property from the minor's mother (guardian) in 1939. After the minor attained majority, he sued to set aside the sale and recover possession. The trial and appellate courts dismissed his suit, but the Kerala High Court set aside those judgments, ordering the respondent to pay the sale pric…

The appellants, Ram Narayan and his son Mahesh, were convicted of murdering five persons in Madhya Pradesh in 1984. The murders were allegedly motivated by the marriage of a higher‑caste woman to a Harijan man, leading the accused to commit a series of brutal axe killings, including a neighbour and a 14‑year‑old girl. …

The District Magistrate of Mathura declared two plots in the Baldev town area as a bus stand/halting place and the Town Area Committee contracted a private firm to collect fees from bus operators. The appellant, a bus operator, challenged the magistrate's order and the fee levy through a writ petition, which the Allaha…

The tenant appealed against a decree of eviction granted to the landlord under Section 14(1)(e) of the Delhi Rent Control Act, 1958 on the ground of bona‑fide requirement. The landlord’s building stood on land leased from the Delhi Development Authority (DDA), and the lease had been subject to a cancellation notice, th…

The petitioners, Md. Salim and others, claimed they were sub‑tenants under a 1966 agreement with the landlord, Md. Ali, and therefore should not be bound by an eviction decree issued against the principal tenant. The High Court held that the agreement was merely for the management of the landlord’s business and did not…

The case concerned a female confidential stenographer, Audrey D’Costa, who claimed that after the Equal Remuneration Act, 1976 came into force she was paid lower wages than male stenographers performing the same or similar work. The employer, Mackinnon Mackenzie & Co., argued that the business was not covered by the Ac…

The respondent, a railway passenger, was found wearing a waist‑chain of 820 g that was pure gold coated with mercury to appear silver. A customs officer seized the chain and the respondent was charged under the Gold (Control) Act, 1968 and the Customs Act, 1962. The trial court acquitted him, holding the chain was mere…

Smt. Ram Lubhai, a minor daughter of the vendor, sued three brothers for possession of land on the basis of a pre-emption right. Only one brother, Kewal Ram, was served; the other two brothers were served by substituted service and a decree was passed ex parte against them. The brothers appealed, but were not properly …

The Supreme Court considered two appeals arising from the same suit. In the first appeal (Kewal Ram v. Ram Lubhai) the Court examined whether an application under Order IX Rule 13 of the CPC could be filed in the trial court to set aside an ex‑parte decree against defendants who had never been served, even though an ap…

The petitioner, Brij Mohan Parihar, had an agreement with the Madhya Pradesh State Road Transport Corporation (MPSRTC) to operate his bus as a nominee on a specific route for five years ending in 1982, after which he was allowed to ply on a monthly basis under temporary permits. When the route was later brought under a…

Modern Industrial Corporation, a small‑scale manufacturer, bought duty‑paid white paper and converted it into flock paper by manually screen‑printing colour on one side, applying adhesive, sprinkling flock, drying and removing excess flock. It claimed exemption from excise duty under Notification No. 68/76, which exemp…

The appellant, a temporary government investigator, resigned by tendering a one‑month notice pay as required by Condition 6 of his appointment and handed over all official records on 24 Nov 1984, two days before filing his nomination for the Lok Sabha election. The respondent challenged his election, alleging that he w…

Param Hans Yadav and Sadanand Tripathi were convicted for the murder of Collector Mahesh Narain Prasad, Yadav having thrown a bomb and later confessing that he acted on Tripathi's orders. Yadav's confession, both judicial and extra‑judicial, was obtained after he was assaulted and was therefore not voluntary. The Supre…

Sha Steel Treatment operated two separate metal‑processing units, Unit I (established 1963 with 32 workers) and Unit II (established 1975 with 75 workers, located about 200 m apart). Unit I was closed on 15 Feb 1982 due to alleged indiscipline and low production, and closure compensation was offered. The workmen of Uni…

The State of Uttar Pradesh sought to uphold a detention order issued under Section 3(2) of the National Security Act, 1980 against Hari Shankar Tewari. The Allahabad High Court had quashed the order, relying on the Full Bench decision in Ashok Dixit v. State which held that a solitary assault affecting only specific in…

The appellant, a qualified Social Studies teacher, had worked in two temporary vacancies at M.G.M. High School in 1970. When a permanent vacancy arose in 1971, the school manager appointed another teacher who had worked later in a different temporary vacancy. The appellant claimed a preferential right under Rule 51(A) …

Brahma Datt Sharma, an executive engineer of Uttar Pradesh, was dismissed in 1972 after a departmental inquiry and later had the dismissal order quashed by the High Court in 1984 because he was not given a chance to see the recommendation on the quantum of punishment. While he was retired, the State Government issued a…

The petitioners filed a Special Leave Petition (SLP) on 7 July 1985 without explaining the delay in seeking relief. The case originated from a certified copy sent by the Collector of Central Excise to the Ministry of Finance, which was subsequently routed to the Ministry of Law after a series of administrative delays. …

The Supreme Court examined the State of Madhya Pradesh's policy decision of 30 December 1984 to privatise nine state‑owned liquor distilleries by granting D‑2 licences to existing contractors for constructing new distilleries and D‑1 licences for wholesale supply. The petitioners challenged the decision on grounds of a…

The petitioners, sons and nephews of vendors who sold joint family land to strangers, claimed a right of pre-emption under the Punjab Pre-emption Act, 1913. The Sub‑Judge initially granted them possession, but the decision was reversed by the High Court after the Supreme Court in Atam Prakash declared several clauses o…

A.L. Ahuj a, an engineer in the Central Public Works Department, was compulsorily retired under Rule 56(j)(i) of the Fundamental Rules while holding an officiating Class II post. He challenged the retirement, arguing that the earlier Supreme Court decision in Union of India v. K.R. Tahiliani held that Rule 56(j)(i) doe…

The appellant, an officer who was officiating as Superintending Engineer in the Gujarat Service of Engineers, was ordered to retire compulsorily under the first proviso of Rule 161(1)(a) of the Bombay Civil Services Rules, 1959, upon attaining the age of 55. He challenged the order, arguing that having attained the ran…

The case concerned the interpretation of Section 6(4) of the Tehri Garhwal Bhumi Sambandhi Adhikar Niyam, which confers a right to become a sub‑tenant (khaikari) on a 'sapinda' of a deceased issueless sub‑tenant who lived with him as a member of a joint family. The appellant, a sapinda of the deceased sub‑tenant, had l…

The Supreme Court examined whether groundnuts, classified as "nuts" under the Schedule of the Taxes on Entry of Goods into Calcutta Metropolitan Area Act, 1970 (and its 1972 amendment, as amended by West Bengal Act XIX of 1974), are liable to entry tax when imported for the purpose of extracting oil. The respondents, l…

Leather Facts Co., a dealer in hides and skins that exported its goods, filed purchases using Form III‑A under the Uttar Pradesh Sales Tax Act because no specific form existed for export transactions. The Commissioner held that purchases made against Form III‑A were liable to purchase tax, whereas those against Form H …

PANDIYAN ROADWAYS CORPORATION LTD, a State Transport Undertaking, had an approved scheme published under s.68‑D of the Motor Vehicles Act, 1939 for the Madurai‑Kumuli route, excluding all private operators except those listed in Annexure II. M.A. EGAPPAN, not listed, obtained two variations of his existing permit to op…

The State of Karnataka entered into agreements with private contractors that contained Clause 12, which stipulated that any damages for breach of conditions would be assessed by the State and could be recovered as arrears of land revenue under the Revenue Recovery Act. After a contractor was found to have short‑deliver…

The appellant, a tenant occupying the ground floor of a one‑storey building as a godown, was evicted under Section 10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 after the landlord’s legatees claimed bona‑fide need for additional residential accommodation. The appellant challenged the eviction …

The petitioners challenged the Karnataka Land Reforms (Amendment) Act, 1974, which removed a landlord's right to resume tenanted land for personal cultivation, omitted protective provisions for certain classes, created tribunals with members of unspecified qualifications, and barred advocates from appearing before them…

The Khargram Panchayat Samiti, empowered under section 117 of the West Bengal Panchayat Act, 1973 to grant licences for cattle fairs, resolved to schedule two rival fairs on different days to prevent law‑and‑order problems. The High Court quashed this resolution, holding that the Samiti's power was limited to sanitatio…

The petitioners, sons and wards of Delhi police personnel, applied for constable posts and relied on a 3 October 1981 order of relaxation issued by the Deputy Commissioner of Police. They were denied training because their brothers had already been recruited and because the relaxation had not been granted by the Admini…

Pala Singh, a displaced person, was allotted land under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. In 1961 surplus lands were transferred to the Punjab Government under a package‑deal arrangement. In 1962 the Managing Officer allowed Singh to purchase excess land and he paid the price, but the C…

The petitioner, Poonam Lata, filed a writ petition under Article 32 seeking habeas corpus for her husband Shital Kumar, who had been detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on 28‑Feb‑1986. After a rejected representation and confirm…

Canara Sales Corporation held a current account with Canara Bank. The company's chief accounts officer fraudulently withdrew Rs.3,26,047.92 using 42 forged cheques. The company sued the bank to recover the amounts, alleging the cheques were unauthorized and that the bank could not rely on the company's alleged negligen…

The Commissioner of Income‑Tax appealed against the Allahabad High Court’s decision in favour of Behari Lal Ram Charan Ltd, which allowed the company to set off a capital loss of Rs 3,17,500 incurred in assessment year (AY) 1957‑58 against capital gains of Rs 3,10,200 in AY 1965‑66. The Revenue argued that the loss was…

Smt. Padmavati Jaikrishna, an individual assessee, claimed a deduction of Rs.10,275 under section 57(iii) of the Income Tax Act, 1961 for interest paid on loans taken to meet personal obligations such as income‑tax, wealth‑tax and a statutory annuity deposit. The Income Tax Officer held that only a portion of the loan …

The tenant, D.K. Ghosh, sent rent by postal money order stating "we shall vacate the premises within next 6/8 months," which the landlord, Mira Sen, treated as a notice to quit. When the tenant failed to surrender possession, the landlord filed an eviction suit under clause (j) of s.13(1) of the West Bengal Premises Te…

The Reserve Bank of India (RBI) challenged the Peerless General Finance & Investment Co.'s Endowment Certificate Scheme, alleging it fell within the definition of a "prize chit" under the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and was therefore prohibited. The scheme involved long‑term subscripti…

The petitioners, Air‑Conditioned Coach Incharges‑Attendants of the Northern Railway, filed writ petitions under Article 32 alleging they were denied overtime allowance that their counterparts in the Western, Central and Eastern Railways received for extra duty exceeding 96 hours in two weeks. They claimed this differen…

The plaintiff, son of Ramamurty, claimed ownership of certain properties after the death of Veeraraju's widow, who had been granted a life interest under a 1937 Deed of Settlement that provided for reversion to Ramamurty or his heirs. The widow later executed a will bequeathing the properties to her brother, the appell…

The Union of India sought to recover tax arrears owed by an assessee company and was informed that the amount could be recovered from a debt the appellant, Kalyan Mills Ltd., owed to the assessee. Notices under Sections 46(2) and 46(5A) of the Income Tax Act were issued to the appellant, and the Union filed a suit for …

Haya Singh, aged about 18, was convicted of murder under sections 302/34 IPC and sentenced to life imprisonment. Because he was under 21, he was sent to a Borstal Institution under the Punjab Borstal Act, 1926. After turning 21 he was transferred to a district jail and continued to serve his sentence. He filed a writ p…

Elecon Engineering Co. Ltd., a public limited company, claimed a rebate under Section 84 of the Income‑Tax Act for the assessment year 1964‑65, the second year of its new industrial project. The Assessing Officer initially allowed a rebate of Rs 2,72,372 but on reassessment reduced it to Rs 2,51,222, prompting the comp…

The landlords (Venkatlal G. Pittie & Anr.) sued their tenant (Bright Bros. Pvt. Ltd.) for eviction, alleging that the tenant had erected permanent structures in violation of clause (p) of s.108 of the Transfer of Property Act, 1882 and s.13(1)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1974, and…

Everest Industrial Corporation borrowed Rs 6 lakhs from Gujarat State Financial Corporation under a hypothecation agreement that stipulated repayment in half‑yearly instalments and interest at 8.5% per annum. After defaulting, the corporation invoked section 31 of the State Financial Corporations Act, 1951, and a compr…

Vinod Kumar, a college student, was convicted for leading a pre‑planned triple murder in 1973 and sentenced to life imprisonment under IPC s.302 read with s.149. He appealed, the High Court affirmed the conviction, and later obtained special leave to raise a belated claim that he was a child (under 16) at the time of t…

The State of Haryana prosecuted Uttam alias Cheaku and three others for a highway robbery on the Delhi‑Jaipur road, during which the victims Om Parkash and his wife Jai Rani were assaulted, robbed and injured. The trial court, after detailed consideration of victim testimony and identification parades, convicted Uttam …

The case concerned a Hindu widow who had inherited a limited estate from her deceased husband before the Hindu Succession Act, 1956 and had transferred the property to an alienee. After the Act came into force, the alienee reconveyed the property to her, restoring her possession. The appellant argued that the widow cou…

Ramchandra Govardhan Pandit challenged a decision of the Charity Commissioner that his properties were a public trust. After the Commissioner’s order was dismissed by the Commissioner and the City Civil Court under Section 72 of the Bombay Public Trusts Act, 1950, Pandit appealed to the Gujarat High Court, which dismis…

United Bank of India sued Ramesh Chandra Roy Choudhury for recovery of an overdraft. The defendant died in 1960, and his widow informed a different branch of the bank of his death. The suit, filed by the Royal Exchange Branch, continued, and eight years later the bank applied to implead the deceased's legal representat…

The respondent, Radheshyam, was assessed for the years 1960-61, 1961-62 and 1962-63 and was served notices under sections 147(a) and 148 of the Income‑Tax Act, 1961. The Income‑Tax Officer alleged that his wife had received valuable assets from him without adequate consideration and that the income and capital gains ar…

During World War II the Collector requisitioned 199.04 acres of land in Burdwan, West Bengal, for a military aerodrome. The claimants, heirs of the original patni holder, sought compensation for loss of the land, forest, minerals and structures. The High Court awarded Rs.2,00,000 as terminal compensation and Rs.18,74,0…

Krishna alias Raju, a bus driver, was convicted of rash and negligent driving under IPC sections 279, 337, 304-A and Motor Vehicles Act sections 89(a) and 89(b) after his bus struck a bullock cart, causing one death and one injury. The magistrate imposed only nominal fines totaling Rs.345. The State appealed under Sect…

The appellant, Mohd. Mumtaz, challenged the order allowing the withdrawal of prosecution against respondent Nandini Satpathy under Section 321 of the Criminal Procedure Code. Satpathy had been charged under the Prevention of Corruption Act for possessing assets disproportionate to her known income. The Special Public P…

The case concerned an alleged misappropriation of funds collected for party souvenirs by the former Chief Minister of Orissa, Nandini Satpathy. After a vigilance case was filed and charges under the IPC were framed, the state government decided to withdraw politically motivated prosecutions. The Special Public Prosecut…

The Supreme Court examined the validity of a consent order under Section 321 of the Code of Criminal Procedure, 1973, which allowed the withdrawal of prosecution against Dr. Jagannath Misra and others. The Court considered whether the public prosecutor acted independently, whether the magistrate properly exercised its …

The State of Bihar repeatedly repromulgated ordinances after each legislative session was prorogued, keeping the same provisions in force for years without converting them into statutes. Four petitioners, including a professor and affected individuals, challenged the constitutional validity of three specific ordinances…

The petitioners filed a writ under Article 32 seeking the closure of Shriram Foods & Fertilizers' hazardous units. During the proceedings oleum gas escaped, prompting the Delhi Legal Aid Board and Delhi Bar Association to file applications for compensation on behalf of victims. The Court examined the scope of Article 3…

Madras Rubber Factory Ltd. (MRF) claimed a series of post‑manufacturing deductions – including TAC/Warranty discount, product discounts, interest on stock and receivables, overriding commission, distribution costs, government price differentials, secondary packaging charges and excise duty on processed tyre cord – to r…

The petitioners challenged the constitutional validity of conditions (i) and (ii) attached to the exemption under section 88B(1)(b) of the Bombay Tenancy and Agricultural Lands Act, 1948, which allowed lands of a trust for public religious worship to be exempt from tenancy provisions. Condition (i) required the trust t…

Sheela Barse, a freelance journalist, filed a writ petition challenging the operation of observation homes run by the Children’s Aid Society, Bombay, alleging that children were forced to work without pay, faced hazardous conditions, and suffered delays in repatriation. The Bombay High Court issued directions to improv…

The petitioners challenged the constitutional validity of clause (5) of Article 371‑D, which required a state government’s confirmation for an Administrative Tribunal’s order to become effective and allowed the government to modify or annul such orders. The Court held that while clause (3) establishing the Tribunal was…

The petitioners, exporters of frozen meat, obtained permission from the Collector under Section 44 of the Maharashtra Land Revenue Code, 1966 to convert agricultural land near Bhiwandi into a non‑agricultural abattoir and cold‑storage facility. Villagers objected, citing potential pollution of a river used for drinking…

The Supreme Court heard a petition filed by Banwasi Seva Ashram on behalf of Adivasis living in Dudhi and Robertsganj tehsils of Mirzapur district, who claimed possession of forest lands that the State of Uttar Pradesh had declared as reserved forest under sections 20 and 4 of the Indian Forest Act, 1927. The petition …

The Delhi Police Non‑Gazetted Karmachari Sangh, formed by non‑gazetted police officers, obtained government recognition under the Police Force (Restriction of Rights) Act, 1966 and its Rules. The 1970 amendment to the Rules and a 1971 circular withdrew that recognition and imposed rank‑based restrictions on membership.…

Ram Kumar, a bus conductor, was terminated after a departmental enquiry found him guilty of not issuing tickets to nine passengers despite collecting fares. The punishing authority terminated his service by adopting the enquiry officer's findings and reasons, without independently restating them, leading the appellant …

The parties entered into a contract containing an arbitration clause that named the Director/Unit Head of the Calcutta Metropolitan Development Authority as the sole arbitrator. The appellant, fearing bias, applied under Section 20 of the Arbitration Act, 1940, for the appointment of an independent arbitrator, and the …

The appellant, Gulwant Kaur, was estranged from her husband Major General Gurbux Singh, who in a 1958 letter entrusted her with a parcel of land and a house as maintenance, promising a monthly allowance. The husband later sold the land to the respondent, Mohinder Singh, who sought an injunction against Kaur. The lower …

Bachan Lal Kalgotra, chairman of the Action Committee of West‑Pakistani refugees, migrated to Jammu & Kashmir in 1947 and has lived there for about forty years. Although an Indian citizen, he is not a "permanent resident" under Section 6 of the Jammu & Kashmir Constitution and therefore is barred from the electoral rol…

M/s Hindu Jea Band, a partnership firm in Jaipur that employs 23 musicians to provide music at weddings and other social functions, was directed by the Employees' State Insurance Corporation to pay contributions under the Employees State Insurance Act, 1948 after a Rajasthan Government notification extended the Act to …

R.C.D. Souza, a retired Indian Army officer, was recruited as an Assistant Commandant in the Central Reserve Police Force (CRPF) under Rule 105(3‑A) and later promoted on a temporary basis to Commandant. In 1976 he was informed that, under the then‑applicable Rule 107(2) of the CRPF Rules, he was not eligible for perma…

Charanjit Kaur, the wife of Dr. Jagjit Singh Chauhan, a self‑styled president of the National Council of Khalistan, visited Punjab in 1983‑84 and met known Sikh militant leaders. The Regional Passport Officer impounded her passport on 18 August 1984 under sections 10(3)(c) and 10(5) of the Passport Act, 1967, relying o…

Balbir Singh, a former army officer and school lecturer, was charged under Section 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 for allegedly inciting a crowd of about 1,500 people during a rail protest in Siwah. The prosecution's case rested solely on the testimony of two constables who claimed …

The Peoples' Union for Democratic Rights filed a writ under Article 32 of the Constitution alleging that on 19 April 1986 the police opened fire on a peaceful gathering of poor peasants in Arwal, Bihar, killing at least 21 persons and injuring many others. The petition sought full compensation for the victims, withdraw…

The Kerala Government issued two notifications under the Kerala General Sales Tax Act, 1963 offering tax concessions to new small‑scale industries. The first, dated 11 April 1979, promised exemption from both sales tax and purchase tax for five years from the start of production. The second, dated 29 September 1980 (ga…

The Uttar Pradesh Government issued an order on 15 December 1982 requiring candidates for postgraduate medical degree courses to have at least 55% marks in MBBS and for diploma courses at least 52% before they could be considered for merit‑based admission. Several candidates denied admission challenged the order before…

The respondents, a father and son, filed an eviction petition under section 10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, claiming a bona‑fide requirement for a shop‑room to start a readymade‑garments business. The Rent Controller ordered eviction, a decision affirmed by th…

The Bihar Legal Support Society filed a writ petition seeking that special leave petitions (SLPs) against orders refusing bail or anticipatory bail be listed immediately, arguing that "small men" should receive the same urgency as industrialists. The Supreme Court held that the decision to list such SLPs urgently lies …

The petitioners, holders of contract carriage permits, challenged a 1975 Rajasthan Government notification that authorised officers of the Rajasthan State Road Transport Corporation (Deputy General Manager (Traffic), Assistant Depot Managers and Traffic Inspectors) to exercise the powers under Section 129A of the Motor…

The State of Kerala prosecuted six accused for forging and counterfeiting US dollar notes, alleging offences under Sections 120B, 489A, 489B, 489C, 420, 511 and 34 of the Indian Penal Code. The accused argued that Sections 489A and 489C apply only to Indian currency notes, relying on the definition of "currency note" i…

The State of Andhra Pradesh prosecuted ten accused for forming an unlawful assembly and murdering a man returning from a canal, with several eye‑witnesses (PW‑1, 3, 4, 6, 7) testifying to the gruesome attack. The Sessions Court convicted the accused under IPC sections 147, 148, 149 and 302, imposing death, life impriso…

The New Central Jute Mills Ltd. challenged a surcharge of 5.5 paise per unit imposed by the Uttar Pradesh Electricity Board for electricity drawn in excess of the 70 % limit authorized by the State Government under section 22B of the Indian Electricity Act, 1910. The company argued that the Board lacked authority to le…

K. Rajaiah was appointed Reserve Sub‑Inspector of Police in 1968 and later applied for the post of Sub‑Inspector (Civil) through a direct‑recruitment advertisement, being selected and confirmed by 1978. He sought to have his earlier service counted for seniority, prompting the Government to issue an order under Rule 15…

The appellant obtained a money decree against the judgment debtor and secured attachment of the debtor's land. While the attachment was in force, the debtor sold part of the land to a third party, who subsequently sold it to the respondents. The execution petition was dismissed for default, but was later restored on th…

The Supreme Court considered an appeal by Abhay Singh Surana & Ors. against the Secretary, Ministry of Communication & Ors. concerning interest on compensation awarded by an arbitrator for the requisition of premises under the Requisitioning and Acquisition of Immovable Property Act, 1952. The Court reiterated establis…

The Tamil Nadu Government reserved three MBBS seats for "eminent sportsmen" and prescribed a preference order based on participation at international, national or state level, with a 50% academic eligibility threshold. The Selection Committee applied the national‑level criterion and chose three candidates based on thei…

The Union of India appointed Shri Suresh Mathur as Director General of All India Radio by transfer on deputation for an initial six‑month term, later extending it to two years. The Additional Director General, A.R. Shinde, claimed he was eligible for promotion and that Mathur’s appointment violated the recruitment rule…

Chowgule & Co. Private Ltd. and V.S. Dempo & Co. imported second‑hand tankers that were converted into transhippers for topping‑up iron ore at Mormugao harbour. The Customs authorities demanded that the companies file Bills of Entry for the vessels, treating them as "goods for home consumption" under s.46 of the Custom…

The State of Jammu & Kashmir appealed a High Court order that enhanced compensation for land acquired for public purpose, increasing the award from Rs 1,000 to Rs 8,000 per kanal. The High Court dismissed the appeal as time‑barred, being four days late, and rejected the State's application for condonation of delay. On …

The Supreme Court examined whether the Outline Development Plan (ODP) and its Zonal Regulations for Bangalore were validly published as required by Section 13(4) of the Mysore Town and Country Planning Act, 1961 and the 1965 Planning Authority Rules. The appellants argued that the ODP and Regulations were not properly …

The Rural Litigation and Entitlement Kendra filed a writ petition alleging that illegal limestone quarrying in the Mussoorie hills and Dehradun area was causing severe ecological damage. The Supreme Court appointed several committees (Bhargava, Working Group, Valdia Expert Committee, Bandopadhyay) to assess safety, env…

The respondent landlady owned a two‑door premises and sought eviction of the appellant tenant under s.14(1)(e) of the Delhi Rent Control Act, 1958, claiming bonafide personal necessity for residence and that she had no other reasonably suitable accommodation. During the pendency of the proceedings the ground‑floor door…

In a suit where the defendant failed to appear for his evidence despite multiple adjournments, the trial court closed the defendant's evidence and passed a decree ex parte. The defendant filed an application under Order 9 Rule 13 of the Civil Procedure Code to set aside the decree, claiming he learned of it only later.…

The Delhi Rent Controller ordered the eviction of tenant Kash! Ram in October 1960 on the ground of the landlord's bona‑fide requirement. The landlord's applications for permission to execute the order under Section 19 of the Slum Areas (Improvement and Clearance) Act, 1956 were dismissed in 1963, and a second applicat…

The petitioners, railway employees, challenged the Railway Board's circulars of July 2, 1970 and November 28, 1981, alleging they were unconstitutional and that the seniority list prepared in 1968 should be maintained. They claimed the Board had no authority to grant retrospective seniority to promotees and that they w…

International Ore & Fertilizers (India) Pvt. Ltd., which imports fertilizers and acts as an agent for foreign principals, employed more than 20 workers at its Secunderabad premises. The Andhra Pradesh Government, under section 1(5) of the Employees' State Insurance Act, 1948, extended the Act to "shops" with 20 or more…

The Calcutta Youth Front and others challenged the Calcutta Municipal Corporation's grant of a 30‑year licence to Happy Homes & Hotels Pvt. Ltd. for the sub‑soil of Satyanarayan Park to construct an underground market and parking facility, arguing that the corporation lacked authority to alienate public park land and t…

The petitioners, Common Cause Society, and the Delhi Municipal Corporation sought clarification of the Supreme Court's earlier ruling in Dr. Balbir Singh & Ors. v. Municipal Corporation Delhi (1985) regarding the assessment of rateable value for properties constructed in stages under the Delhi Municipal Corporation Act…

The petitioners, diamond exporters who had been granted Export House Certificates and Additional Licences under the Import Policy 1978‑79 by the Supreme Court order of 18 April 1985 (Union of India v. Rajnikant Bros.), imported consignments falling in Appendices 2B, 3 and 5 of the later Import Policy 1985‑88. Customs i…

In Writ Petition No. 1669 of 1986 filed under Article 32 of the Constitution, the petitioner sought relief directly from the Supreme Court against the State of Gujarat. The Court examined whether there were good and substantial reasons to require the petitioner to first approach the concerned High Court. It held that a…

Mysore Rolling Mills manufactured aluminium wire rods for customers and, between September 1974 and May 1977, collected Rs 60 per metric ton as handling charges in addition to regular invoices. The Excise authorities issued a notice under Rule 10(i)(c) to add these handling charges to the invoice price for the purpose …

The husband of petitioner Tsering Dolkar was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after customs seized large quantities of gold, foreign currency and Indian rupees from his residence. The detention order and the grounds supporting it, along with 17 documen…

Dr. (Mrs.) Vijaya Manohar Arbat, a married medical practitioner, was sued by her father, Kashirao Rajaram Sawai, for maintenance under Section 125(1)(d) of the Criminal Procedure Code, 1973, on the ground that he could not maintain himself. The trial magistrate and the Bombay High Court held the application maintainabl…

The respondent, B. Basavalingappa, was appointed as a workshop mechanic and later promoted to workshop instructor in the Mysore State. When pay scales were revised in 1961, diploma holders were placed in a higher scale (Rs.150‑320) than certificate holders (Rs.150‑250), and a further revision in 1964 gave a still highe…

The petitioners, diploma‑holding engineers appointed in the erstwhile Punjab Service, were promoted to Sub‑Divisional Officer in Class II and were eligible for promotion to Executive Engineer in Class I under the unamended Rule 6(b) of the Punjab Service of Engineers (Class I) Rules, 1964. The Haryana Government issued…

The petitioners, Ashok Gulati and others, were promoted as Executive Engineers on an ad‑hoc basis by the Haryana Government in 1978, while respondents B.S. Jain and S.L. Gupta, who had earlier served as Temporary Engineers on an ad‑hoc basis, claimed that their service should count for seniority and eligibility for pro…

The State of Tamil Nadu appealed against a Madras High Court order that had quashed a full land‑revenue assessment on lands granted to the Ahobila Matam, a Hindu religious institution. The lands were originally given as an inam by a Tanjore prince and were recorded as a religious endowment held tax‑free. The High Court…

The Frank Anthony Public School Employees Association filed a writ petition under Article 32 seeking equalisation of pay and service conditions with government schools and a declaration that Section 12 of the Delhi School Education Act, which exempted unaided minority schools from Chapters IV and V, violated Articles 1…

Makhan Singh, the Secretary of Narainpura Co‑operative Agricultural Service Society Ltd., was absent from work between 11‑May‑1981 and 29‑May‑1981, claiming illness and leave. The Society terminated his employment on 30‑May‑1981 without conducting a domestic enquiry and alleged that he had gone on strike without leave …

Mohd. Mynuddin, a Manager (Middle Management Grade Scale II) in State Bank of India, was repeatedly denied promotion to Grade Scale III despite satisfactory confidential reports. He filed a writ petition seeking a direction for promotion with retrospective effect from 1979, arguing eligibility and lack of adverse remar…

The Supreme Court examined an eviction dispute under the Delhi Rent Control Act, 1958 where the landlord sought possession of three tenants on the ground that each had either built, acquired vacant possession of, or been allotted another residence, as stipulated in clause (h) of Section 14(1). The Court held that the w…

The widowed landlady (respondent) sought eviction of two tenants, including the doctor (appellant), alleging that they had changed the use of the premises to non‑residential purposes and that she required the hall for her own residential needs. The Rent Controller and Appellate Authority found against the landlady on b…

M. Satyanandam, an allottee of government‑owned premises, was ordered to vacate after the government, upon a fresh representation by the landlady, released the premises in her favour. The petitioner contended that he was not given a chance to show cause and that the government could not review its earlier order rejecti…

Gokak Patel Volkart Ltd challenged a show‑cause notice issued on 20 May 1982 seeking excise duty for the period June 1976 to February 1981, arguing that it was beyond the six‑month limitation under Section 11A of the Central Excises and Salt Act, 1944. The Karnataka High Court had earlier stayed only the collection of …

The appellant, an Additional Subordinate Judge of the Bihar Judicial Service, was disciplined with censure, withholding of increments, and denial of promotion benefits. He challenged the order by filing a writ petition and also sought to appeal the punishment to the Governor under the Civil Services (Classification, Co…

The case concerned whether the Home Secretary of Haryana could act as the reporting authority for the Inspector General of Police (IGP) under the All‑India Services (Confidential Rolls) Rules, 1970. The respondent, IGP P.C. Wadhwa, challenged a confidential report and adverse remarks prepared by the Home Secretary, whi…

The assessee, a partner in M/s. Chhotalal Vedilal, reduced his share in the firm and admitted his two minor sons to the partnership benefits, thereby relinquishing 19% of the goodwill. The Gift Tax Officer treated this relinquishment as a taxable gift of goodwill. The Appellate Assistant Commissioner, the Tribunal, and…

Jamana Flour & Oil Mill Ltd., a registered dealer, sold wheat products packed in gunny bags during 1964-65. The Assessing Officer taxed the wheat products at 2% and the gunny bags at 4% under the Bihar Sales Tax Act, 1959, invoking the Roller Mills Wheat Products (Price Control) Order, 1964. The dealer argued that the …

The State of Karnataka appealed against the Karnataka High Court's order quashing the conviction of Kuppuswamy Gounder for murder and assault. The High Court had set aside the conviction on the ground that the case had been transferred among Sessions Judges without a formal order under s.407 CrPC and that the trial was…

The respondents, convicted under IPC sections 148, 302 and 149, appealed to the Calcutta High Court. The High Court admitted the appeal but, without receiving the Sessions Court records or fixing a hearing date, acquitted the respondents based on an alleged concession by the public prosecutor. The complainant filed a S…

The Telecommunication Research Centre (TRC) employs Class I officers recruited directly through the UPSC and officers transferred from the Indian Telecommunication Service. Transferred officers receive a special pay allowance for the arduous nature of their duties, while directly recruited officers are denied this allo…

The petitioners, 80 directly recruited CBI officers (non‑deputationists), challenged the Central Government's policy of paying lower special pay to them compared to officers on deputation from State police cadres. They argued that the differential rates violated Articles 14 and 16 of the Constitution because the office…

The Oil & Natural Gas Commission (ONGC) entered into a drilling contract with Western Company of North America that provided for arbitration under the Indian Arbitration Act, 1940 and the law of India, with hearings to be held in London. An umpire, after the arbitrators could not agree, issued an interim award and a fi…

The State of Karnataka sought to recover motor vehicle tax arrears for a 12‑ton lorry that had been sold by the first respondent to the second respondent without reporting the transfer. Both respondents argued they were not liable: the first because he had sold the vehicle, the second because the lorry was in a worksho…

The appellant, Beopar Sahayak Ltd., sought possession of leased premises, but the respondents obtained a release order under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, issued by a Prescribed Authority who was an Executive Magistrate. The appellant challenged the order on …

Bal Niketan Nursery School, a recognised institution under the U.P. Basic Education Act, 1972 and run by a registered society, purchased land and super‑structures in its own name and, through its manager (who was also the society's secretary), served notice to four tenants and filed suits for eviction and arrears in th…

The appellants, ministerial officers of district courts in Ferozepur and Zira, were dismissed after taking part in slogans against a judicial magistrate and the district judge. They appealed the dismissal under Rule X of Chapter 18‑A of the Punjab & Haryana High Court Rules, which provides a supervisory administrative …

The petitioners, a teacher and vice‑principal of a Delhi aided school run by a linguistic minority society, were suspended by the school management on charges of fund diversion without obtaining prior approval of the Director of Education as required by section 8(4) of the Delhi School Education Act, 1973. The petition…

Anant Sakharm Raut was detained under Section 3(2) of the National Security Act, 1980 based on three criminal incidents for which cases were pending. At the time the detention order was issued, Raut had applied for bail in all three cases and had been released on bail on successive days, but the order made no mention o…

The appellant, a tenant, continued to pay rent by depositing it in the Munsif's court under Section 30(1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 after the landlord's heirs refused to accept his tender. The landlords served a notice demanding vacating the premises and payment of…

The State of Karnataka charged Narsa Reddy and three others with murder and related offences. During the trial, two police officers were added as accused for disposing of the body, but they claimed that prosecution required prior sanction under Section 197 of the CrPC. The Sessions Judge rejected their claim, leading t…

Vyas Muni Mishra, a Ganna Gram Sewak, filed a writ petition under Art. 226 seeking the merger of the posts of Ganna Gram Sewak and Cane Supervisor into a single cadre, invoking the principle of equal pay for equal work under Art. 39(d). The Allahabad High Court ordered the merger, holding that the qualifications for bo…

The case concerned the devolution of property of Khem Kaur, a Hindu female who died intestate. Kirpa Singh, her son by her second husband, claimed the entire estate, arguing that as the sole "son" he was entitled to the whole share under section 15(1)(a) of the Hindu Succession Act, 1956. Lachman Singh, the son of Khem…

Shah Sadiq & Sons, a partnership firm registered under the Income Tax Act, incurred speculation losses of Rs 60,054 in AY 1960‑61 and Rs 6,839 in AY 1961‑62 and claimed to set them off against a profit of Rs 58,102 in AY 1962‑63. The Income‑Tax Officer rejected the claim, holding that, for a registered firm, losses cou…

The respondents, led by Niyamat, attempted to rescue a suspect, Dharampuri, who had been taken into police custody. When constable Gauri Shanker fired three shots, the respondents perceived a reasonable threat of death or grievous injury and assaulted the constables, snatching a gun and cartridges, during which the inf…

The Supreme Court examined the murder convictions of Subash and Shiv Shankar under Section 302 read with Section 34 of the Indian Penal Code. The prosecution alleged a dispute over repair charges that led to a joint attack on the deceased, with eye‑witnesses identifying the accused in identification parades that were h…

A large number of workmen of Lucas‑T.V.S. Ltd. were dismissed for alleged misconduct; seven of them raised disputes under s.11‑A of the Industrial Disputes Act after conciliation failed. The Tamil Nadu Government refused to refer the disputes to the Labour Court, citing the fairness of the domestic inquiry, the nature …

Hardeep Singh, a constable on probation in the Haryana Police, was dismissed without a charge sheet or hearing after participating in a peaceful union protest. He challenged the order, arguing it was a punitive dismissal that required compliance with Article 311(2) of the Constitution and Rule 16.24(ix)(b) of the Punja…

The Osmania University Teachers Association challenged the Andhra Pradesh Commissionerate of Higher Education Act, 1986, alleging that it was a duplicate of the University Grants Commission Act and fell within the Union's exclusive legislative field under Entry 66 of List I. The State argued that the Act pertained to e…

The Supreme Court examined whether the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 applies to government establishments and whether it obliges any employer to recruit only candidates sponsored by employment exchanges. It held that government offices are "establishments in public sector" and th…

The petitioners, teachers in the Haryana Educational Service who joined as Basic Trained teachers and later obtained B.T. or B.Ed. qualifications, challenged a 1979 government order that limited their entitlement to the higher Masters pay scale. The High Court had held that only those who acquired the qualification bef…

The appellant, Commissioner of Excess Profit Tax, Kanpur, challenged the High Court's order allowing the assessee, Kalyan Mal Phool Chand, to set off deficiencies of profit for the periods 28 Oct 1940‑31 Mar 1941 and 23 Nov 1942‑31 Mar 1943 against profits of the chargeable accounting period 1 Apr 1943‑31 Mar 1944 unde…

The Supreme Court examined whether Section 12(2) of the Foreign Exchange Regulation Act, 1947 applies only to sale proceeds of goods exported "for sale" or also to "exports on sale" where the sale is completed before export. The Court held that the phrase "no person entitled to sell or procure the sale of the said good…

The appellant, Ram Kumar, a member of the forces charged with maintaining public order, was charged with using excessive force while discharging his duty. The trial court took cognizance of the offence without obtaining the prior sanction required under Section 197 of the Criminal Procedure Code. The Punjab & Haryana H…

The appellant, Daya Ram Tripathi, a physically handicapped candidate, cleared the 1982 Combined State Services Examination and was entitled to a reserved post in the Uttar Pradesh Provincial Civil Service (Executive Branch) under a 2% reservation policy announced by GO No. 43/90/66 dated 18 July 1972 and reaffirmed by …

The petitioners, Sarguja Transport Service, obtained a transport permit which was later set aside by the State Transport Appellate Tribunal. They filed a writ petition (M.P. No. 2945/85) under Articles 226/227 of the Constitution, which the High Court allowed them to withdraw and dismissed as withdrawn. Subsequently th…

The plaintiffs, four sons of the former Maharaja of Jodhpur, claimed a retrospective annual allowance of Rs 30,000 each, based on a 13 September 1946 order issued by the Maharaja. They argued that the order was a "law" under Section 3(ii) of the United State of Rajasthan Ordinance I of 1949, which continued the laws of…

The petitioner, a former temporary Central Government employee who was later absorbed into the autonomous Indian Council of Agricultural Research (ICAR), retired in 1980 and was denied credit for his earlier government service when computing his pension. The Central Government issued an order on 29 August 1984 allowing…

The respondent, a government official residing in government quarters, obtained permission under Section 21 of the Delhi Rent Control Act, 1958 to let a portion of his house to the appellant for 18 months. After the lease term expired, the appellant refused to vacate and the respondent filed an execution application, w…

The appellant Kansa Behera was charged with the murder of Bhatal Majhi, who was found dead with his throat cut after a land dispute with another accused, Jitrai Majhi. The prosecution relied on three pieces of circumstantial evidence: the appellant was seen with the deceased on the evening before the murder, blood‑stai…

Six defence production employees (promotees) challenged the Defence Production (Directorate of Production and Inspection, Naval) Group A and Group B Technical Post Recruitment Rules, 1976, specifically clauses 10 and 11, which allowed direct recruitment to fill vacancies and gave direct recruits seniority over existing…

The Supreme Court examined an appeal against a Rajasthan High Court order that granted anticipatory bail under Section 438 of the Code of Criminal Procedure to the accused in a dowry‑death case. The death of the daughter‑in‑law was still under investigation when the High Court intervened. The Court held that the High C…