Judgments of 1989

The workers' union (Karnal Leather Karamchar Sanghatan) and Liberty Footwear Company entered into a voluntary arbitration agreement under Section 10‑A of the Industrial Disputes Act, 1947. The arbitrators awarded reinstatement of 159 workers, but the employer challenged the award, arguing procedural irregularities and …

The petitioners, Class II engineering officers of Haryana, sought promotion to Class I (Executive Engineer) after the Supreme Court struck down a state amendment that made an engineering degree mandatory for such promotion. The Court had earlier directed the state to consider all eligible officers and complete promotio…

The appellants, liquor contractors, were required to pay an additional 7.5% mahua and fuel cess on contracts awarded by the Madhya Pradesh Government. The High Court declared the levy illegal in Surajdin (1960) and Doongaji (1962), but the Government continued to collect it, resulting in the appellants paying Rs.54,606…

The appellant, successor to the original mortgagor, filed a suit for redemption of a property mortgaged on 22 May 1886. The suit was filed on 28 December 1968, well after the 60‑year limitation under the Limitation Act, 1908, but the appellant argued that a sale deed dated 1 November 1913 contained an acknowledgment by…

The Jackson Co‑operative Credit Society appealed against a Bombay High Court order that directed it to pay bonus to its employees at 20% of total annual earnings for the years 1975‑76, 1976‑77 and 1977‑78. The Society contended that the High Court erred by ignoring deductions permissible under Section 6(d) of the Payme…

Gouranga Chakraborty, a constable in the Border Security Force (BSF), was dismissed by the Commandant for overstaying leave and being absent without leave during a period of war. After being given a chance to explain, which he failed to utilize, he appealed internally without success and subsequently filed a civil suit…

The plaintiffs, K.P. Agarwala and others, claimed a homestead right over leasehold land based on a 1949 lease. The respondent, Bharat Coking Coal Limited, contended that the land formed part of a colliery that had vested in the Central Government under the Coal Mines (Nationalisation) Act, 1973, and that the lease was …

The Collector of Central Excise appealed against the order of the Customs, Excise and Gold (Control) Appellate Tribunal which had held that hydrogenated rice bran oil manufactured by Jayant Oil Mills Pvt. Ltd. fell under Tariff Item 12 of the Central Excise Tariff. The Department argued that the hydrogenation process c…

Alembic Chemical Works Ltd., a penicillin manufacturer, paid Rs 2,39,625 to Japanese firm Meiji for sub‑cultures, technical know‑how, designs and training to improve yields in its existing plant. The assessee claimed the payment as a revenue expense deductible under Section 37 of the Income‑Tax Act, 1961. The tax autho…

The Builders Association of India and other contractors challenged the levy of sales tax by several State governments on the turnover of works contracts after the Constitution (Forty‑sixth Amendment) Act, 1982 introduced clause 29A to Article 366, deeming the transfer of property in goods used in works contracts a "sal…

The respondent, a Deputy Engineer of Gujarat Electricity Board, was transferred from Surat to Ukai and refused to join, citing his ailing mother. He filed a representation to cancel the transfer, which was rejected, and subsequently remained absent without sanctioned leave. The Board issued warning letters, including a…

Lt. Colonel K.D. Gupta filed a contempt petition alleging that the Union of India and other respondents had failed to comply with the Supreme Court's April 20, 1988 directions to reconsider his promotion in view of his continued Shape‑I medical categorisation. The Court examined whether the respondents had properly re‑…

The Jammu & Kashmir State Forest Corporation awarded a timber extraction contract to Abdul Karim Wani for 6 lakh cft. Wani later claimed entitlement to the remaining 4.08 lakh cft based on alleged custom, practice and assurances, which the Corporation denied. Wani filed an application under the Jammu & Kashmir Arbitrat…

Surinder Pal Singh, a Deputy Superintendent of Police, was accused of misappropriating twenty gold bricks recovered during an investigation and was charged under several IPC sections, the Prevention of Corruption Act and the Treasure‑Trove Act. The investigation was carried out by an Inspector of the Crime Branch, whic…

The petitioners, former officers of Caltex Oil Refining (India) Ltd. (CORIL), challenged HPCL's 1980 rationalisation scheme that integrated management staff of CORIL, ESSO and Lube India into HPCL pay‑grades. They alleged that the scheme was arbitrary because HPCL failed to equate posts on the basis of functional simil…

Mohan Meakins Breweries Ltd., a liquor manufacturer, was served notices by the Inspector of Weights and Measures to have its storage vats verified, calibrated and stamped under the Uttar Pradesh Weights and Measures (Enforcement) Act, 1959. The company contended that the Act did not apply to vats used merely for storag…

Bhor Industries Ltd., a manufacturer of crude PVC films used as intermediate inputs for leather cloth, laminated jute mattings and PVC tapes, claimed that the films were non‑marketable and therefore not liable to excise duty. The Appellate Collector (1974) accepted this view, but the Assistant Collector later re‑classi…

The Union of India sought to acquire land belonging to Filip Tiago de Gama for a naval air station. The Collector awarded compensation at 40 paise per square metre with a 15% solatium; the District Judge later increased compensation to Rs.3 per square metre and retained the 15% solatium. On appeal, the Bombay High Cour…

The contractor Dandasi Sahu claimed payment for work and interest before an arbitrator, later filing a supplemental claim and a consolidated abstract totalling Rs.31.44 million. The arbitrator awarded a lump sum of Rs.25.00 million with 9% interest, which the State of Orissa challenged. The High Court set aside the awa…

The petitioners, a group of hawkers, claimed a constitutional right under Article 19(1)(g) to occupy specific spots on Delhi's public pavements for street trading, alleging that the municipal authorities' refusal violated their rights under Articles 19 and 21. The respondents argued that no exclusive right to occupy pa…

Vatan Mal, a shop lessee since 1961, faced eviction suits by his landlord Kailash Nath for alleged rent defaults. After an earlier suit in 1967 was dismissed when Mal paid arrears under the pre‑amendment provisions, a second suit was filed in 1975. The Rajasthan Premises (Control of Rent and Eviction) Act had been amen…

The producer S. Rangarajan sought a ‘U’ certificate for his Tamil film “Ore Oru Gramathile” which was initially refused, then granted after review by two Revising Committees. The Madras High Court later revoked the certificate on grounds that the film was biased, could incite caste‑based unrest and violated several gui…

The dispute concerned the ownership of a 7‑acre Naroda Chawl, claimed by the plaintiff Vadilal Modi as part of a partition suit against his siblings and their heirs. Defendant Chandrakantaben (Def. No.6) asserted that the property had been gifted to her in 1946 and that she had acquired title by adverse possession, rel…

Lachhman Dass and Ram Lal entered into an arbitration agreement to settle a land dispute. The arbitrator awarded that half of the appellant's share in the land would now belong to the respondent, effectively creating a new right in immovable property valued over Rs 100. The award was filed for making it a rule of court…

The petitioners, reserve trained pool telephone operators (RTPs) of Delhi and Bombay telephone nigams, and various categories of casual labourers in the Department of Posts, sought parity with regular employees in service benefits after being absorbed as regular staff. The Court examined earlier orders dated 28 July 19…

Captain B. Subha Rao, a retired naval officer, was arrested at Bombay Airport for allegedly breaching the Official Secrets Act, 1923 and the Atomic Energy Act, 1962. He filed a series of bail applications; Judge Puranik rejected a batch on 6 June 1989 without noting a pending application (Criminal Application No. 995/8…

Ballarpur Industries Ltd. used sodium sulphate in its paper and paper‑board manufacturing process and claimed proforma credits under Notification No. 105/82‑CE. The Superintendent of Central Excise rejected the claim, holding that the chemical was burnt up and did not remain in the finished product, thus not qualifying…

The appeals challenged Andhra Pradesh High Court judgments that had upheld the election of a Member of Parliament on the ground that advertisements and speeches by the Chief Minister, published through the Government's Publicity Department, offering subsidised rice and clothing to low‑income groups constituted a corrup…

The widows of two retired government servants—Smt. Bhagwanti (ex‑Subedar) and Smt. Sharda Swamy (retired railway employee)—filed writ petitions under Article 32 seeking family pension after their husbands' deaths. The Union of India denied the pensions, relying on Rule 54(14)(b) of the Central Civil Services (Pension) …

Eastend Paper Industries Ltd. manufactured various papers, including wrapping paper, and removed 4,000 kg of wrapping paper from its factory without paying excise duty. The Revenue issued a show‑cause notice under Rules 9(1), 173‑F and 173‑G of the Central Excise Rules, 1944, alleging duty evasion. The assessee contend…

Durand Didier, a French national, was stopped by police in Goa after accelerating his motorcycle and falling without injury. A search of his bike and attached bag, witnessed by two pancha witnesses, uncovered brown sugar, ganja oil and opium concealed in various items. Samples sent to a chemical analyst confirmed the p…

The trial court declared the marriage between Smt. Lata and her husband Vilas null under Section 12(1)(d) of the Hindu Marriage Act because the wife was pregnant by another man. While the wife appealed, the husband remarried, and the lower courts held the appeal infructuous, dismissing it. The Supreme Court examined wh…

The appellants challenged the continuation of proceedings under Chapter III‑B of the Rajasthan Tenancy Act, 1955 for determining ceiling areas of agricultural holdings after the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 repealed those provisions. The High Court held that the 1973 Act did not ex…

The petitioners, representing hutment dwellers on Bombay Port Trust lands, challenged the demolition of their huts and sought a stay on further evictions, arguing that the cut‑off date fixed by the Supreme Court (January 1, 1981) should be extended and that a state policy required provision of alternative accommodation…

The assessee, a Hindu Undivided Family, owned 90 shares of Shorrock Co. which was amalgamated into New Shorrock Co. under a court‑sanctioned scheme that allotted the assessee 45 shares of the new company for every two shares held in the old company. The Commissioner of Income Tax treated the receipt of the 45 shares as…

The appellant, Roop Chand, leased a building from Gopi Chand Thalia with a covenant not to sublet. He allowed the Lokpriya Social Club to occupy part of the premises for recreational activities, claiming he retained exclusive possession and received no rent. The landlord sued for eviction on the ground of subletting an…

The petitioners, licensed dealers manufacturing woollen fabrics, challenged the State of Haryana's requirement that they obtain a licence and pay market fees for sheep‑hair, arguing that sheep‑hair is not "agricultural produce" under the Punjab Agricultural Produce Markets Act, 1961. The dispute centered on whether Sch…

Shiv Chander Kapoor, the landlord, let the second floor of his building to Amar Bose for a three‑year limited tenancy under a permission obtained from the Rent Controller pursuant to Section 21 of the Delhi Rent Control Act, 1958, on the ground that the premises would be needed for his son’s marriage. After the tenancy…

The petitioners' husband owned land exceeding the ceiling prescribed under the Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961. After a notice under s.7(2), the petitioners filed a statement of land to surrender, and the Revenue Divisional Officer approved the surrender under s.7(3), deeming the land surrende…

The petitioners, comprising about 1,000 Dairy Mates and 280 Junior Plant Operatives and Semi‑Skilled Operatives of the Delhi Milk Scheme, challenged their classification as unskilled workers and the corresponding pay scales fixed by the 4th Pay Commission. The Union of India contended that the workers performed unskill…

Wallace Flour Mills Co. Ltd., a manufacturer of food products, claimed that stocks of goods fully manufactured before the Finance Bill 1987-88 made them dutiable (effective 1 March 1987) should be cleared duty‑free as pre‑budget stocks. The Assistant Collector, the Collector (Appeals) and the Central Excise & Gold (Con…

The petitioner, a human‑rights activist, filed a writ under Article 32 seeking a direction that every injured person brought to a hospital be given immediate medical aid, citing a newspaper report of a death where doctors refused treatment pending police formalities. The Union of India, the Medical Council of India and…

The appellant landlord served a notice under section 106 of the Transfer of Property Act on the respondent, who, along with his mother, brothers and sisters, had inherited the tenancy of the premises after the death of their father, the original tenant. The respondent challenged the notice, arguing that all heirs, bein…

The Straw Board Manufacturing Co. claimed concessional tax rates, a development rebate under section 33 and a deduction under section 80‑E of the Income Tax Act for the assessment years 1965‑66 to 1967‑68, asserting that strawboard manufacturing is a priority industry listed in the schedules. The Income Tax Officer rej…

The South Eastern Railway (SER) and Eastern Railway (ER) disposed of unclaimed goods and scrap material respectively, activities it performed under Section 56 of the Indian Railways Act, 1890. Both railways had been registered as dealers under the Bengal Finance (Sales Tax) Act, 1941, but later sought cancellation of t…

Snow White Industrial Corporation, a Madras partnership manufacturing paint, entered into a written agreement with Gillanders Arbuthnot & Co., a Calcutta firm, designating Gillanders as the "sole selling agents" for its product across India. The agreement contained clauses for return of unsold stock after two years, re…

Vibhuti Glass Works, a public limited company, mortgaged its glass factory and obtained a loan from the Industrial Finance Corporation on the condition that the Uttar Pradesh Government manage the factory for 20 years and receive a share of profits if they exceeded a prescribed limit. During the assessment year 1962-63…

The Telco Convoy Drivers Mazdoor Sangh, representing about 900 convoy drivers of Tata Engineering & Locomotive Co., demanded permanent status and facilities, asserting that the drivers were workmen of the company. The Deputy Labour Commissioner, relying on a 1973 Law Department opinion that no master‑servant relationsh…

The Banco Nacional Ultramarino sued Vinaique Naique for a loan, but the defendant died during the trial. The bank applied under Order XXII Rule 4 of the CPC to substitute the widow, Nalini Bai Naique, as a legal representative within four days of learning of the death, and later sought to add the deceased’s children as…

The case concerned the election of a Mayor and Deputy Mayor of the Bhavnagar Municipal Corporation. The incumbent Mayor and Deputy Mayor issued a notice for a meeting on 1 June 1988, but the Mayor later cancelled the notice and directed a postponement, after which a minority of councillors met and elected new officers.…

Kothandran Spg. Mills Pvt. Ltd. was taken over by the National Textile Corporation under the Sick Textile Undertakings (Taking Over of Management) Act, 1972, and later the Sick Textile Undertakings (Nationalisation) Act, 1974 came into force. The petitioners filed a writ petition under Article 32 challenging the consti…

The respondent, a shareholder, valued her shares at break‑up value for wealth‑tax assessment, which the Wealth Tax Officer rejected. The Appellate Assistant Commissioner partially allowed her appeal, but the Commissioner appealed to the Appellate Tribunal, which dismissed the appeals. While the Tribunal appeal was pend…

The plaintiff sought a one‑third share in the immovable and movable property of the deceased Gurappa. The defendants included Gurappa's first wife, his daughters, and a fourth defendant who claimed to be Gurappa's lawful wife under the customary Udiki marriage after a prior marriage to Gurulingappa was dissolved. The k…

Shubhlaxmi Mills Ltd., a textile mill, claimed a development rebate of Rs.1,26,233 for AY 1962-63 under s.33 of the Income Tax Act, 1961. The Income‑Tax Officer rejected the claim because the company had not created a reserve fund as required by s.34(3)(a). The claim was upheld by the Appellate Tribunal but reversed by…

The petitioners, appointed as Supervisors Grade ‘A’ in Indian Ordnance Factories between 1962 and 1966, claimed that a 1962 circular promised automatic promotion to Chargeman II after two years of satisfactory service, and that they were discriminated against when not promoted. The respondents argued that promotions we…

After the integration of the princely State of Jodhpur, the former ruler’s private property, including the Umaid Bhavan Palace, was listed as Category C in the 1949 inventory. The Rajasthan Land Reforms and Acquisition of Land‑Owners’ Estate Act, 1963 issued a notification vesting all estates of land‑owners in the Stat…

Three army personnel were tried by a General Court Martial for theft, convicted, sentenced and dismissed from service. They challenged the conviction and dismissal before the Guwahati High Court, which set aside both on the ground that the trial violated Rule 22 of the Army Rules, 1954, which requires a prior inquiry. …

The tenant Ramesh Chand sought to enforce the landlord's promise to provide a new shop at reasonable rent and alternative accommodation after demolition of the existing premises. The landlord had obtained permission to file an eviction suit under the 1947 U.P. Rent Act, giving an assurance-cum‑undertaking to the tenant…

Abdul Razak challenged a detention order issued under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985, claiming the grounds were vague, irrelevant and violated Article 22(5) of the Constitution. The petitioner's grounds listed seven criminal cases and alleged use of deadly weapons, but the Co…

J.F. Pathan was detained on 12 October 1988 under Section 3(1) of the Gujarat Prevention of Anti‑Social Activities Act, 1985. He had earlier been detained in 1985 under the National Security Act and in 1986 under the same PASA Act, both orders later quashed by the Gujarat High Court. The detaining authority, in forming…

The plaintiff, SMT. Kasturi (deceased), sued Gaon Sabha for a declaration that the inclusion of her disputed property in the Gaon Sabha's land records under the Delhi Land Reforms Act, 1954 was void and that she was entitled to bhumidhari rights under section 11 of the Act. The trial court and the first appellate court…

The appellant, a landlady, let premises to the respondent, a tenant, on a rent payable in advance. The tenant fell into arrears for April and May 1976 and was served a notice of demand on 7 May 1976. He tendered two bank drafts covering the rent for April (13 May) and May (11 June), which the landlady refused to accept…

The landlord filed an eviction petition under Section 14(1)(h) of the Delhi Rent Control Act, 1958, alleging that the tenant had acquired vacant possession of her own house on 20 November 1973, thereby disqualifying her from retaining the rented premises. The tenant argued that she was not liable for eviction, contendi…

The appellant, DWARKADAS MARFATIA & SONS, had been a tenant of the Bombay Port Trust since 1932 for a portion of a plot that was later re‑constituted. The Trust, exempt from the Bombay Rents Act, decided to allocate the entire re‑constituted plot to another tenant, Dhanji Mavji, terminating the appellant's tenancy and …

In the 1984 Lok Sabha election from Nizamabad, T. B. Goud was declared elected. M. Narayan Reddy filed an election petition under Sections 80 and 81 of the Representation of the People Act, 1951, alleging counting irregularities, impersonation and corrupt practices, and specifically contended that the Additional Assist…

The appellant filed a composite settlement application under section 245C of the Income Tax Act for assessment years 1948-49 to 1975-76. The Commissioner objected to settlement for the years 1948-49 to 1959-60 and the Settlement Commission rejected those years on 24 August 1977 without affording the appellant a hearing…

The Supreme Court clarified the method of computing the assessable value of processed fabric for Central Excise duty. It held that the assessable value equals the value of the grey cloth in the processor's possession plus the value of the job‑work performed and the processor's manufacturing profit and expenses, i.e., t…

Madan Lal Anand and two others were detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on allegations that they used benami firms to obtain duty‑exempt advance licences, imported polyester yarn, failed to export the goods as required and sold …

The respondents, Junior Scientific Officers in the Defence Research & Development Service, were promoted to the post of Scientist ‘B’ with effect from 16 October 1985. They contended that, because the posts were created in 1984‑85, the promotions should be back‑dated to 1 July 1984, as had been done for promotions up t…

The Food Corporation of India (FCI) was directed by the Employees’ Provident Fund (EPF) Commissioner to deposit contributions for workers employed by contractors at its depots in Rajasthan. FCI contended that it was denied a reasonable opportunity to produce evidence identifying those workers because the Commissioner n…

The appellants challenged the sale of two properties of a public trust, alleging that the sales were made at a fraction of market value and without public notice. The sales were approved by the subordinate court under a scheme-decree issued in a suit filed under Section 92 of the Civil Procedure Code, which sought remo…

The Supreme Court examined whether two sales of land by Nawal Singh, made after he received a notice under the East Punjab Utilisation of Lands Act, 1949, were valid despite claims of lack of legal necessity. The lower courts had upheld the first sale (to Nathu Ram) as partially necessary and dismissed the second sale …

The Collector of Customs appealed against the Customs, Excise and Gold Appellate Tribunal's order that upheld the respondents' claim for refund of auxiliary duty on timber imported from Burma. The respondents argued that, because timber from Burma was fully exempted under Notification No. 265/1982 and its successors, o…

The Collector of Customs appealed against a Customs Tribunal order that had allowed Western India Plywood Mfg. Co. Ltd. to obtain a refund of auxiliary duty paid on timber imports from Burma. Under the Customs Tariff Act, 1975 timber attracted a basic duty of 60%, but a notification under Section 25 of the Customs Act …

The State of Gujarat issued a preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 on 26 July 1963 and later issued a declaration under Section 6 on 18 January 1969. A writ petition filed in 1972 challenged the declaration on the ground that the 5½‑year gap between the notification and declarat…

Ajit Singh, a former Private Secretary to the Deputy Election Commissioner, challenged the appointment of M.L. Sarad as Private Secretary to the Chief Election Commissioner, alleging that the appointment violated the 1974 Recruitment Rules and that the 1979 amendment of those rules was mala fide and conferred arbitrary…

The Trade Fair Authority of India Employees' Union demanded housing, regularisation of casual workers and wage revision, but management failed to act, leading the Union to call a one‑day strike on 21 January 1987 after a denied request for a general body meeting. Management responded by suspending and later dismissing …

The Union of India and several Emergency Commissioned Officers (ECOs) and Short Service Commissioned Officers (SSCOs) appealed against judgments of the Calcutta High Court and the Central Administrative Tribunal that had struck down rule 3(2)(d) of the Indian Forest Service (Regulation of Seniority) Rules, 1968 and cla…

Gurbachan Singh filed a special leave appeal after the Punjab & Haryana High Court acquitted Satpal Singh and others of abetment to suicide under Section 306 IPC. The deceased, Ravinder Kaur, had allegedly committed suicide by self‑immolation after severe dowry‑related harassment and taunts by her husband, his parents …

The petitioners were arrested in March 1988 for alleged narcotics offences and were remanded to jail. Because the charge-sheet was filed after the statutory 90‑day period, the Chief Metropolitan Magistrate released them on bail under proviso (a) to Section 167(2) of the Criminal Procedure Code. After the charge-sheet w…

The Cotton Sales Co-operative Society, a cooperative engaged in ginning, pressing and marketing of raw cotton supplied by its members, claimed exemption of the receipts from these activities under Section 81(i)(c) of the Income‑Tax Act, 1961 (as it stood before the 1968 amendment). The Assessing Officer rejected the cl…

The appellant, Modern Hotel, leased a commercial premises for thirty years starting 9 September 1969 and paid an advance of Rs 6,500, of which Rs 1,500 was to be adjusted against rent and the balance of Rs 5,000 was to be refunded after the lease expired. The landlord filed an eviction suit in October 1973 alleging ren…

Claggett Branch Ltd., a non‑resident company dealing in tobacco, had its income for assessment years 1959‑60 and 1960‑61 originally assessed on the basis of returns filed by its Indian agents under s.23(3) of the Income‑Tax Act, 1922. While assessing the later year 1962‑63 the Income‑Tax Officer discovered that the ove…

The assessee, a partner in a firm, gifted Rs.51,000 to his wife who then contributed the amount as capital to a newly formed partnership and became a partner. The Income Tax Officer included the wife’s share of the partnership profit in the assessee’s total income under section 64(1)(iii) of the Income Tax Act, 1961, a…

The petitioners, industrial users of ethyl alcohol, challenged state statutes imposing a vend fee and other levies on industrial alcohol, arguing that such taxes were beyond the legislative competence of the states. The Court examined the constitutional distribution of powers, focusing on Entries 84 of List I, 51 and 8…

India Cement Ltd., a cement manufacturer, obtained a mining lease for limestone and kankar under the Mineral Concession Rules, 1960. The lease required payment of royalty fixed by the Mines and Minerals (Regulation & Development) Act, 1957. The Tamil Nadu government, invoking sections 115 and 116 of the Madras Panchaya…

The appellant, a freedom fighter, sought a pension under the Swatantrata Sainik Samman Pension Scheme on the ground that he had permanently lost vision in his left eye due to a police lathi charge during the freedom struggle. Although medical certificates and recommendations from the District Collector and State Govern…

The case concerned the Assam Rifles Force, where a Central Record and Pay Accounts Office (C.R. and P.A.O.) was created at the Headquarters in 1962. Following the Third Central Pay Commission, ministerial staff at the Headquarters were placed on higher pay scales than their counterparts in the Battalions/Units. The pet…

K. Mohan & Co. imported metallised polyester film rolls from Japan and paid customs duty and countervailing duty under section 3 of the Customs Tariff Act. The firm claimed a refund on the basis of notification No. 228/76 issued under section 25(1) of the Customs Act, which exempts "articles made of plastics" except th…

The petition challenged a detention order issued under Section 3(2) read with 3(3) of the National Security Act, 1980 against Praveen Kumar Gupta, who was already in jail for an IPC 307 offence. The order was based on a solitary incident in which he shot a person, causing communal tension and an apprehension of a riot,…

The State of Madhya Pradesh appealed the acquittal of lorry drivers, cleaners and a coolie who were intercepted while transporting fertiliser bags from Indore to Maharashtra without the permit required under the Fertiliser (Movement Control) Order, 1973. The trial court held that the prosecution had not proved mens rea…

India Cements Ltd., a manufacturer of superfine cement, claimed a refund of Rs 22,43,002.09 paid as excise duty on the cost of packing material between July 1974 and March 1975, asserting that such duty was not leviable. The department rejected the claim, holding that the payment was not made under protest and therefor…

Kundan Mal occupied a premises from 1953 and, after the death of the original owner, recognized Gurudutta as his landlord and paid rent. In 1973 he received a municipal notice to remove the structure and sued the municipality, while Gurudutta sued him for alleged non‑payment of rent and denial of his title. The lower c…

The Bihar State Electricity Board (BSEB) entered into a supply agreement with Green Rubber Industries that included a clause obligating the consumer to pay minimum guaranteed charges irrespective of actual consumption. The firm requested disconnection in June 1981, consumed no electricity, but was billed for the minimu…

The respondent, sister of the appellant, entered into an agreement on 23 June 1965 whereby she would redeem a mortgaged house and, upon redemption, the appellant would execute a sale deed in her favour. She redeemed the mortgage in 1970 but the appellant failed to execute the deed despite repeated demands. The responde…

S. Banerjee, Additional Registrar of the Supreme Court, sought voluntary retirement under Rule 48‑A of the Central Civil Services (Pension) Rules, 1972, effective from the forenoon of 1 January 1986. He claimed pension benefits under paragraph 17.3 of the Fourth Central Pay Commission report, which allows employees ret…

The appellants challenged the interpretation of Section 4A of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, contending that "irrigated land" should be identified only where there is independent proof of assured irrigation and where two crops are grown on the entire extent of the land. The Supreme …

The Gram Panchayat owned 1,200 bighas of land that was consolidated and allotted to others under a scheme confirmed in 1974. The Panchayat filed an application under Section 42 of the East Punjab Holdings Act in 1977 to set aside the scheme, but the application was beyond the six‑month limitation prescribed by Rule 18.…

The New Delhi Municipal Committee (NDMC) rejected revised building plans of Statesman Ltd. on fire‑safety grounds, particularly the provision of refuge areas and the absence of a pedestrian walk‑way and podium required by zoning plans. The Delhi Urban Art Commission and the Chief Fire Officer cleared the plans, and the…

The workmen of Rohtas Industries Ltd., whose four industrial units were closed on 9 September 1984, filed a writ petition under Article 32 seeking payment of arrears, compensation and other statutory dues. The Patna High Court had appointed a provisional liquidator, but the Supreme Court, invoking the Sick Industrial C…

The Supreme Court Employees Welfare Association filed writ petitions seeking parity in pay with Delhi High Court staff, invoking the principle of equal pay for equal work. The Court examined whether the Delhi High Court judgments were res judicata, held that a dismissed Special Leave Petition does not create a binding …

The Supreme Court examined the State of Maharashtra's policy for MBBS admissions in Bombay's municipal and government medical colleges, which allocated 70% of the remaining seats after the All India quota and Article 15 reservations to local Bombay students and 30% to students from elsewhere in the state. The Bombay Hi…

The Collector of Central Excise, Madras filed statutory appeals against orders of the Customs, Excise and Gold Control Appellate Tribunal and sought condonation of delay for those appeals. A Single Judge of the Supreme Court dismissed the condonation applications under Order VI Rule 2(14) of the Supreme Court Rules, 19…

The appellant, a tenant, was sued for eviction and recovery of rent arrears dating back to 1968. An ex parte decree was set aside in 1977, after which the tenant deposited Rs.2,912 on 30 May 1977, claiming that date to be the first hearing. He later sought to amend his pleadings to include time‑barred arrears, which we…

Vishwanath Sood contracted with the Union of India and the State of Himachal Pradesh to construct a Farmers' Community Centre. The contract contained Clause 2, which imposed a penalty compensation for delay to be determined solely by the Superintending Engineer, and Clause 25, which provided for arbitration of disputes…

A. Viswanathan, a printer, entered into contracts with universities to print examination question papers. The demand notes itemised charges for printing, block making, packing, handling, delivery, postage and the value of paper separately. The Assessing Officer and later the Tribunal treated the printing and block‑maki…

The Gujarat Water Supply & Sewerage Board entered into contracts with Unique Erectors for a water‑supply scheme and later referred disputes arising under clause 30 of the contract to arbitration. A sole arbitrator was appointed, decided the arbitrability of the claims, and issued a lump‑sum award on 8 July 1985, which …

Francis John, a headmaster of a private school that received government grant-in-aid, was terminated under Rule 74.2 of the Grant‑in‑aid Code after a Dispute Settlement Committee (DSC) recommended dismissal and the Director of Education approved it. John filed a writ petition under Article 226 of the Constitution chall…

Swadeshi PolytEx Ltd., a manufacturer of polyester fibre, used ethylene glycol (tariff item 68) and DMT in its process, which also generated methanol and other waste. The company claimed a set‑off of the excise duty paid on the glycol under exemption notification No. 201/79, as amended by notification No. 102/81. The A…

The appellant, brother of T.A. Sirajudeen, challenged his sibling's preventive detention under sections 3(1)(iii) and 3(1)(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The detenu had been caught with smuggled gold biscuits in November‑December 1986, but the de…

The appellant, a voter in the Mala constituency of Kerala, filed an election petition challenging the election of the sitting Chief Minister on grounds of several alleged corrupt practices, including a notice, a photograph, and a video cassette purportedly used for election propaganda. The petition annexed these docume…

Hindustan Polymers, a manufacturer of fusel oil and styrene monomer, sold most of its product in bulk via tankers, but occasionally delivered it in drums that were supplied by the buyers at no charge. The Revenue issued show‑cause notices demanding that the value of these drums be added to the assessable value of the g…

In the 1985 Madhya Pradesh Vidhan Sabha election for the Niwadi constituency, respondent No.1 Ramratan Chaturvedi was declared elected. The appellant, Lakshmi Narayan Nayak, filed an election petition alleging corrupt practices under Sections 123(2), (3) and (3A) of the Representation of the People Act, 1951, specifica…

The Supreme Court examined the constitutional validity of the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985, which gave the Central Government exclusive authority to represent all victims of the 1984 Bhopal gas tragedy in litigation against Union Carbide. The Court held that the Act was a valid exercise of …

The Supreme Court examined several writ petitions challenging state notifications that granted sales‑tax exemptions to new manufacturing units in Uttar Pradesh, Punjab and other states. The petitioners, dealers of imported cinematographic and electronic goods, claimed the exemptions discriminated against them in violat…

The plaintiff, Bhikubai, claimed possession of a house inherited from her brother Rakhmaji, asserting that under the Bombay School of Hindu law a female bandhu is an heir. The respondents argued that the family, having migrated from Mathura, was governed by the Banaras School where a female bandhu cannot inherit, and t…

The firm Ganpat Ram Rajkumar was ordered by the Supreme Court to vacate a shop in Narnaul within six months, on the condition that it filed a "usual undertaking" confirming possession and delivery of vacant possession. The firm failed to file any undertaking and did not vacate the premises. The partners' sons subsequen…

Star Paper Mills Ltd., a paper manufacturer, claimed exemption from excise duty on paper cores used in its production process, arguing that the cores were "component parts" under Notification No. 201/79. The Central Excise authorities rejected the claim, but the Appellate Collector allowed it; the Customs, Excise and G…

The wife of Nallathambi challenged his preventive detention under the National Security Act, 1980, arguing that the detention order was made while he was already in jail for a bank dacoity and that the authority failed to consider any likelihood of his release. The Supreme Court examined whether subsisting custody inva…

In the 1985 Bihar Legislative Assembly election, Lata Devi (Mali) was declared elected from Chandan Kyari (SC) constituency. The defeated candidate, Haru Rajwar, filed an election petition alleging that the Returning Officer changed his allotted symbol from "bow and arrow" to "ladder" less than twenty days before polli…

The respondent, an employee of Prathama Bank, was dismissed after a disciplinary inquiry in which he was not given adequate opportunity to examine the documents relied upon against him. He filed a suit challenging the validity of the inquiry and seeking reinstatement. The bank contended that the bank was not a "State" …

Frick India Ltd., a licensed manufacturer of air‑conditioning and refrigeration equipment, cleared cooling coils, condensers and compressors for cold‑storage and ice‑factory plants and paid excise duty under Tariff Item 29A(3). The company claimed a refund, arguing that these parts were not excisable under sub‑item (3)…

The respondent, a former Indian Air Force pilot, was appointed by the State of Uttar Pradesh as Secretary of the Zila Sainik Board on a contractual basis for a fixed term, which was successively extended up to 30 August 1985. His services were terminated on 29 March 1985, and he filed a writ petition challenging the te…

The appellants challenged the validity of Section 15 (as amended) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, alleging it violated Article 14 of the Constitution. The High Court had upheld the provision, and the matter reached the Supreme Court. The Court observed that the Act was enacted…

The respondent, a Deputy Director in the Madhya Pradesh Department of Geology and Mining, was compulsorily retired under Rule 56 of the Fundamental Rules after a Screening Committee, which included the Head of Department S.S. Dave, recommended his retirement. The respondent challenged the order by filing a writ petitio…

Wali Mohammad, after redeeming a usufructuary mortgage, possessed two plots from 1946 onward. In 1953 Ram Kumar claimed possession under Section 232 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, asserting that his name was entered as occupant in the Khasra/Khatauni of Fasli year 1356, which under Section …

SMT K.N. Begum sued Yusuf Khan and others for declaration of title, possession and mesne profits of a suit land. The defendants claimed they were tenants under Sirajuddin, who allegedly obtained the land by gift. The trial court held Sirajuddin had no title and the defendants were trespassers; the decree was executed d…

The appellants, partners of a rice‑milling partnership, were convicted under the Essential Commodities Act, 1955 for failing to supply the levy rice required by the Haryana Rice Procurement (Levy) Order, 1979. They appealed, contending that the prosecution had not proved that they were in charge of the firm’s business …

The appellants, Kotaiyan and others, were recognized as protected tenants of agricultural lands originally held by Rev. Rutar Ford Padri and Vandru Padri. The lands were later transferred to the Property Association of Baptist Churches (Pvt.) Ltd. (the Association) without offering the tenants a first right of purchase…

Shreeram Finance Corporation, a partnership firm, sued Yasin Khan and his guarantor for breach of a hire‑purchase agreement after the latter defaulted on monthly hire charges. At the time of filing the suit (22 July 1968) the firm had recently altered its partnership composition: two partners had retired, a new partner…

The petitioners challenged a Central Government notification dated 15 December 1986 that, under Section 87 of the Punjab Reorganisation Act, 1966, extended the East Punjab Urban Rent Restriction (Amendment) Act, 1985 to the Union Territory of Chandigarh. The core issues were whether Section 87 itself violated the Const…

The respondents claimed a hereditary right to receive Rs.3,500 annually from the State of Gujarat, based on a 1914 agreement that commuted their right to collect forest produce from the Gir Forest. The State argued that the Gujarat Surviving Alienations Abolition Act, 1963 extinguished that right. The Supreme Court exa…

The Anand Mukta Smarak Trust, a public trust running an aided science college in Ahmedabad, closed the college and failed to pay arrears of salary, provident fund, gratuity and closure compensation to 11 retrenched teachers. The teachers filed writ petitions under Article 226 seeking mandamus to compel payment. The Tru…

The appellants, recruited as Lower Division Clerks between 1960 and 1964 and later transferred to the Armed Forces Headquarters, claimed that their inter‑se seniority should be based on length of service as prescribed by earlier Government memoranda. The Armed Forces Headquarters Clerical Service Rules, 1968, which cam…

The State of Bihar issued a notification requiring carriers transporting goods exceeding a specified quantity to carry Forms XXVIII A or XXVIII B as permits for verification and assessment of sales tax. Harihar Prasad Debuka, a registered dealer, was penalised for not correctly completing the form and challenged the no…

The appellant, S.K. Majumdar, inherited land granted to his father as a gallantry award in Lyallpur before 1950. After partition, the family received 69 acres of compensation land in Jullundur district, of which 19 acres were occupied by the respondent as a tenant. The respondent applied under Section 18 of the Punjab …

The landlord filed an eviction suit in 1970 against tenant K.M.M. Shetty and others, which was decreed in his favour. The Supreme Court allowed the tenant to remain in possession until 31 March 1989 on condition that he and his employees file an undertaking to vacate thereafter. In early 1989 a second respondent obtain…

The respondents, manufacturers of medicinal preparations using alcohol tincture, failed to pay excise duty and obtain a licence under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955. The Commercial Tax Officer issued demand notices under Rule 12 of the 1956 Rules to recover the unpaid duty. The High Cou…

Prem Chand married Veena Rani in 1973 and repeatedly tormented her, demanding money and physically abusing her. On 15 September 1975, after a quarrel in which Prem Chand told her she could relieve his financial woes by dying that very day, Veena Rani set herself on fire and died of severe burns. The trial court convict…

Hari Singh, aged 25, died in a road accident while traveling in a hired car owned by the Rajasthan Mahila Parishad. His wife and daughter claimed Rs 1 lakh compensation under the Motor Vehicles Act, 1939. The Motor Accident Claims Tribunal awarded only Rs 10,000 in compensation and Rs 4,000 liability to the insurer, a …

The landlord sued the tenant for eviction under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, alleging (i) parting with possession of the shop roof by installing an advertisement board, (ii) material alteration of the premises by fixing the board with iron angles, and (iii) default in rent. The trial…

A family dispute led to an arbitration award in 1973, which was filed before a civil court for making it a rule of court. The court ordered impounding of the award in 1976, a decision confirmed by the High Court in 1981 and upheld by the Supreme Court in 1983. Respondent No.1 later approached the Collector to summon th…

The appellant, Subhash Chandra, inherited a tenancy originally created by a lease deed (Ext. P.20) between Navinchand and his father Misri Lal. Navinchand later sold the property to the respondents, who terminated the tenancy and sued for eviction. The appellant defended by claiming that the original owner, Smt. Raj Ra…

World Wide Agencies Pvt. Ltd. and its director Mrs. Amrit Kaur Singh appealed against a Delhi High Court order that allowed the widow and children of the deceased shareholder S.K. Desor to file a petition under Sections 397 and 398 of the Companies Act, 1956 (and alternatively for winding up). The respondents argued th…

Pond's India Ltd., a manufacturer of talc and face powder, claimed a deduction for the cost of secondary packing (master cartons) used for transporting small packs to wholesale dealers. The claim was initially approved but later disallowed by the Assistant Collector, who treated the outer cartons as non‑deductible unde…

Roche Products Ltd, a pharmaceutical manufacturer, imported the raw material isoxamine under an Open General Licence after the two‑year period permitted by its industrial licence for the manufacture of sulphamethoxazole (SMX) had expired. The company declared itself an "Actual User" and that its registration was not ca…

The Supreme Court examined whether the Haryana General Sales Tax Act, 1973 (as amended) and the Bombay Sales Tax Act, 1959 (section 13‑AA) could levy a tax on the despatch of manufactured goods to a dealer’s own branches outside the State. It held that the taxable event under both statutes is the consignment/despatch o…

Aphali Pharmaceuticals Ltd. manufactured an Ayurvedic product called "Ashvagandharist" which contained self‑generated alcohol but was not consumable as an ordinary alcoholic beverage. The company had previously enjoyed exemption from excise duty under item 3(i) of the Medicinal and Toilet Preparations (Excise Duties) A…

M. Subbarao, a tenant in Eluru, was evicted by the Rent Controller on the grounds that the landlord required the premises for his son’s photo studio and that the tenant had denied the landlord’s title in a manner not deemed bona fide. The tenant contended that the premises were trust property of a choultry and that a d…

The Assam Rashtrabhasha Prachar Samiti, a registered society promoting Hindi, was managed by elected bodies until a 1983 amendment removed the Chief Minister as ex‑officio president. In 1984 the Chief Minister invoked emergency powers, dissolved the elected committees and formed an ad‑hoc board, after which the Governo…

The petitioner, Ahmedhussain Shaikh, was detained under section 3(2) of the Gujarat Prevention of Anti‑Social Activities Act, 1985 on grounds that he was a bootlegger who created fear and terror in his locality and might resume such activities if released on bail. The detaining authority relied on the possibility of hi…

Ten non‑Greek seamen of the foreign vessel M.V. "Vali Pero" sued the ship’s owners for unpaid dues. The defendants’ witnesses were examined on commission, but their depositions lacked the witnesses’ signatures, a requirement under Rule 4 of the Calcutta High Court Rules, 1914. The Calcutta High Court held the omission …

The appellant, Bindeshwari Ram, an Assistant Conservator of Forest, challenged a seniority list that placed several promoted colleagues (respondents 7‑12) above him, relying on a cabinet memorandum that purportedly granted him higher seniority. The matter hinged on Rule 35 of the Bihar Forest Service Rules, 1953, which…

The petitioners, KANTHIMATHY PLANTATIONS, challenged the acquisition of their land in Kerala that had been initiated under the Kerala Land Acquisition Act, 1961. The acquisition proceeded to a declaration under section 6 before the Central Land Acquisition Act, 1894 (as amended by Act 68 of 1984) was extended to the St…

Pyare Lal Sharma, a chemical engineer employed by Jammu & Kashmir Industries Ltd., was served a show‑cause notice on 21 April 1983 under the newly added grounds of unauthorised absence and participation in politics, and his services were terminated on 14 June 1983 by the Managing Director. Sharma challenged the termina…

The appellants filed two suits in Alipore and Calcutta Small Causes Courts seeking compensation for short delivery of goods booked with the Indian Railways. The Union of India contended that, under Section 80 of the Indian Railways Act, 1890 (as amended in 1961), the trial courts lacked jurisdiction, arguing that the p…

The Union of India appealed against a Patna High Court order that held interest accruing under the Coal Mines (Nationalisation) Act, 1973 and the Coking Coal Mines (Nationalisation) Act, 1972 was to be paid exclusively to the former mine owners. The owners had filed writ petitions seeking that the interest be excluded …

The appellants challenged the declaration of surplus land under the Orissa Land Reforms Act, 1960, arguing that a 1965 partition in their families should prevent their share from being clubbed with their father's land. The High Court dismissed their writ petitions, relying on a Full Bench decision in Nityananda Guru v.…

Janta Machine Tools applied for exemption from sales tax under the Uttar Pradesh Sales Tax Act, 1948 (Section 4A) based on a notification dated 30 September 1982, which granted exemption to units established between 1 October 1982 and 31 March 1985. The appellant claimed that actual production began on 4 December 1982,…

Auto Tractors Ltd imported three consignments of tractor components and cleared them with a DGTD certificate that referenced Notification No. 179/80, thereby receiving a smaller customs duty concession. The company later discovered it was eligible for a larger concession under Notification No. 200/79, obtained amended …

Ramakrishna Hegde filed a defamation suit in the Bombay High Court against Dr. Subramaniam Swamy, seeking Rs 1 crore in damages for alleged defamatory statements made at a Delhi press conference. Swamy petitioned the Supreme Court under Section 25 of the Code of Civil Procedure for transfer of the suit to the City Civi…

Padmini Products, a manufacturer of agarbatis and dhoop sticks, claimed exemption from excise duty and licensing on the ground that the products were "handicrafts" under Notification 55/75 and thus exempt under Notification 111/78. The Collector rejected the claim, holding the items were not handicrafts; the Tribunal a…

The appellant rented premises in Jalandhar to operate a cycle and rickshaw repair shop, but also sold televisions there temporarily for about seven months. The landlord sought eviction under Section 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, alleging a change of user. The Rent Controller rejected the e…

P.L. Shah, an Upper Division Clerk, was suspended in July 1975 pending criminal proceedings and was granted a subsistence allowance of 50% of his salary. In May 1982 the allowance was reduced to 25% of his salary. Shah filed a petition before the Central Administrative Tribunal in 1988 seeking restoration of the origin…

The appellant, a diploma‑holder serving as an Administrator/Instructor, obtained study leave from Jodhpur University and applied for admission to the B.E. programme after the general‑seat deadline. The university objected on two grounds: he had secured less than the required 60% in his diploma and his application was u…

Mugaji Laxman Padule, a long‑time tenant, held agricultural land that exceeded the ceiling area prescribed under the Bombay Tenancy and Agricultural Lands Act, 1948. In 1960 he purchased an additional parcel from the landlords for Rs 3,000, claiming that a prior partition had brought his holdings within the ceiling lim…

The State Government of Andhra Pradesh issued a circular on 21 June 1985 imposing restrictions on the transport and export of groundnut seeds and oil and requiring millers and traders to sell a portion of their produce to the State at a fixed price. The traders challenged the order, and the High Court struck it down on…

The petitioner, Sharad Kumar Tyagi, challenged his preventive detention under the National Security Act, 1980, arguing that the three incidents cited—extortion of "chauth" from a mango garden contractor, a shopkeeper, and a market threat with a revolver—did not affect public order, that the third incident was fabricate…

The case concerned a dispute over a parcel of land that was originally transferred by oral agreement on 10 July 1946 and later by a deed that remained unregistered due to the owner's death. The original purchaser, Varada Reddi, occupied the land under the belief that a formal sale deed would later be executed, while th…

The Municipal Board of Jaunpur advertised for the post of Tax Inspector, allowing both internal revenue employees and outsiders to apply. The senior Tax Collector, Respondent No. 3, refused to attend the interview, claiming the post should be filled only by promotion under a Government Order dated 10‑April‑1950. The Bo…

The Supreme Court examined appeals by tenants (appellants) against land‑owners (respondents) concerning the Punjab Security of Land Tenures Act, 1953. The land‑owners, heirs of an evacuee, had been allotted land and sought eviction of tenants, claiming they were "small land‑owners" whose holdings were below the permiss…

The Bhavnagar Municipality filed a suit for a declaration of title and possession of two parcels of land – the Parade Ground and the Rasala (Lancers) Lines – asserting that Resolutions No. 37 (19‑Jan‑1948) and No. 77 (29‑Feb‑1948) of the former Bhavnagar State vested the land in the municipality. The Union of India and…

The appellant, a registered society, filed a suit through its then‑Secretary. After the suit was instituted, a person claiming to be the newly elected Secretary withdrew the suit, and the trial court allowed the withdrawal. The society later elected a different Secretary who sought to recall the withdrawal order, but t…

Shaik Ali, a Class III railway employee, was suspended after a confrontation with a Divisional Safety Officer and subsequently ordered to retire prematurely under Rule 2046(h)(ii) of the Indian Railway Establishment Code, despite not having reached the required age of 55. The Central Administrative Tribunal set aside t…

The case concerned a joint Hindu Mitakshara family where Bhiku died leaving his widow Parvati and son Balu. Balu also died, leaving his widow Lilabai, who later remarried and gave birth to a posthumous daughter, Ashabai, the appellant. Parvati adopted Vithal in 1949, and Ashabai sued for possession of the family proper…

The private importers of edible oils challenged the differential customs duty rates granted to the State Trading Corporation (STC) under Section 25(2) of the Customs Act, 1962, alleging a violation of Article 14. The government had canalised edible‑oil imports through STC and, citing high international prices and the n…

The petitioners imported edible oil on the vessel M.V. Kotta Ratu, which made an initial arrival at Bombay on 11 July 1981 but could not secure a berth and sailed to Karachi before returning on 23 July and finally discharging cargo on 31 July 1981. Customs authorities levied duty at 150% on the basis that the "inward e…

The Supreme Court considered the case of two former employees of Nari Niketan, an institution fully funded and controlled by the Delhi Administration, who after the institution’s takeover in 1979 were absorbed into the Delhi Administration’s service on the same pay scale. Upon retirement they were denied pensionary ben…

The Supreme Court entertained a writ petition under Article 32 seeking relief for delinquent children detained in regular jails, in light of the Juvenile Justice Act, 1986. The Court noted that earlier reports from District Judges showed significant numbers of juveniles in regular jails across several states and that t…

The Supreme Court dealt with a petition challenging an ex‑parte interim order that barred the performance of the Chunri ceremony in Sri Rani Satiji's Mandir and directed that all collections be deposited in a nationalised bank. The petitioners, All India Democratic Women’s Association and Janwadi Samiti, argued that th…

The Bareilly Development Authority (BDA) advertised housing units with estimated costs and reserved the right to alter terms in its brochure. Applicants registered, paid deposits, and later received notices that the cost and instalment rates were substantially increased. Most applicants gave written consent to the revi…

The landlord filed a suit for eviction of the tenant alleging non-payment of rent of Rs 70 per month, which included a Rs 30 charge for furniture supplied by the landlord. The tenant contended that the house rent was only Rs 40 per month and that the Rs 30 was a separate furniture charge, which he returned after the te…

Prithi Chand, an 18‑year‑old, was convicted of raping a girl aged 11‑12 years. The prosecution relied on the victim’s testimony, a medical certificate showing a torn hymen and profuse bleeding, and forensic analysis that found blood but no spermatozoa. The defence challenged the admissibility of a carbon copy of the me…

The case arose from a violent incident on 24 June 1975 in which members of an unlawful assembly assaulted and killed Girdhari Lal and Siddhu, and Minister Lal was also killed. The appellants Lalji, Mansa, Milkhi and Bhagwati were convicted under Section 302 read with Section 149 of the Indian Penal Code, as well as und…

The appellant, a small‑time tradesman, was convicted under the Prevention of Food Adulteration Act, 1954 for selling "Kesari coloured sweet supari sali" adulterated with a yellow basic coal‑tar dye. He argued that "supari" (betel nut) should be treated as a "fruit‑product" or a "flavouring agent" under Rules 23, 28 and…

The case concerned gifts of immovable property made by a deceased individual to his wives in 1962, which were chargeable to gift‑tax. The assessee claimed that, under the proviso to section 4(1)(a) of the Wealth‑Tax Act, 1957, such gifts should be exempt from wealth‑tax assessment for all assessment years commencing af…

The Bihar State Electricity Board (BSEB) entered into a supply agreement with Dhanawat Rice and Oil Mills containing clauses for a constant supply of electricity, a minimum‑guarantee payment and a provision for proportionate reduction if supply was prevented by causes beyond the Board’s control. The Board billed the co…

The lessees of a Nazool lease applied to the Lucknow Development Authority for permission to construct a multi‑storeyed building, which was granted on 31 January 1985. The State Government later issued directions alleging violations of lease conditions and, after a show‑cause notice, cancelled the lease and the buildin…

Mafatlal Fine Spinning & Manufacturing Co. Ltd. deferred payment of yarn excise duty under Rule 49A of the Central Excise Rules, 1944. The cotton fabrics produced were subjected to calendering and shearing before clearance. The question was whether these finishing operations transformed the "grey" (unprocessed) fabric …

Siddeshwari Cotton Mills manufactured cotton fabric on power looms and claimed exemption from excise duty as "unprocessed" fabric under Notifications 230/77 and 231/77. The mill subjected the fabric to a calendering process, after which the Central Excise authorities held that the fabric was no longer "unprocessed" and…

The West Bengal Government, under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970, issued a notification on 9 February 1980 prohibiting contract labour in several departments of M/s Indian Iron & Steel Co. Ltd., but expressly excluded the job of loading and unloading bricks in the brick depart…

K.C. Sharma was selected by the Haryana Public Service Commission for the post of Assistant District Attorney and placed 39th in the merit list. The State of Haryana had undertaken that any vacancy arising within one year would be filled by the selected candidates in order of merit, but later claimed that only 37 gener…

The appellants, manufacturers and dealers of beer and cement, challenged sales‑tax assessments under the Andhra Pradesh General Sales Tax Act, 1957 on the basis that the turnover of packing material (bottles, cartons, gunny bags) had been taxed at the rate applicable to the goods themselves, invoking Section 6C which d…

The Union of India appealed a High Court award of compensation and 30% solatium in a land acquisition case where the original award was made in 1963 and enhanced by a court in 1968. While the appeal was pending, the Land Acquisition (Amendment) Act, 1984 increased the statutory solatium from 15% to 30% and introduced S…

The State of Andhra Pradesh appealed against two judgments of the Andhra Pradesh Administrative Tribunal that had declared Rule 3 of the Andhra Pradesh Treasury and Accounts Subordinate Service Rules, 1963 (as amended) to be violative of the 1975 Presidential Order issued under Article 371‑D. The petitioners argued tha…

The petitioner, D.S. Agarwal, was detained under the Gujarat Prevention of Anti‑Social Activities Act, 1985 on 17 September 1988 on the ground that he was a dangerous person likely to disturb public order. The grounds of detention listed five criminal cases, two of which (serial Nos. 2 and 3) were shown as pending, alt…

The petitioner was detained under the Gujarat Prevention of Anti‑Social Activities Act, 1985 on the basis of alleged boot‑legging activities. An earlier detention order dated 2 January 1987 had been quashed by the Gujarat High Court. A fresh detention order dated 21 October 1988 was issued, but the detaining authority …

The appellant, a lecturer appointed in 1971, was entitled under the Second Pay Commission to a senior scale of Rs.700-1100 effective June 15, 1975. The State Government later adopted the Third Pay Commission's running scale of Rs.700-1600, and clarified that earlier placements in higher pre‑1973 scales would remain val…

The appellants, owners of an industrial concern, obtained a loan of Rs.60,000 from the Bank of Mysore Ltd. under the Mysore State Aid to Industries Act, 1951, with the State of Karnataka acting as surety and guarantor. The loan was secured by a simple mortgage executed by the appellants in favour of the State and a dee…