Judgments of 1991

The appellant owned about two acres of land in Ramavarappadu village, Andhra Pradesh, and the State sought to acquire 1.89 acres for public purpose. A notification under Section 4(1) of the Land Acquisition Act, 1894 was published in the Gazette on 9 February 1976, but the substance of the notification was not publishe…

The Madras‑based Reptakos Brett & Co. had for about thirty years paid its workmen a slab system of Dearness Allowance (DA) linked both to the cost‑of‑living index and to basic wages. In 1983 a dispute led the Industrial Tribunal to abolish the slab system and to order DA to be linked only to the cost‑of‑living index; t…

Mrs. Neera Mathur applied for and was appointed as an Assistant in the Life Insurance Corporation of India, undergoing a medical examination and a six‑month probation. She took maternity leave during her probation and gave birth in January 1990. The Corporation discharged her on 13 February 1990 without assigning any r…

The appellant, a practising advocate, was held by the Punjab and Haryana High Court to have contempted a Sub‑Judge by making disparaging remarks that alleged the judge was a contractor of the Municipal Committee and was colluding with the Deputy Commissioner. The High Court, relying on the Sub‑Judge’s report and the te…

Texmaco Ltd. manufactured wagon bodies for the Railways and mounted them on wheel sets supplied free of charge by the Railways. Its invoices reflected only the price of the wagon bodies, excluding the wheel sets, and excise duty was paid on this invoice value. The Revenue demanded duty on the wheel sets, arguing that t…

The appellant, selected in the combined Civil Services Examination, was initially appointed to the Delhi Andaman and Nicobar Police Service (DANIP). When vacancies later arose in the Indian Police Service (IPS), the three reserved‑category vacancies were filled from DANIP candidates, but the general‑category vacancies …

The petitioner, a manager of Syndicate Bank, was found to have discounted a Rs 50,000 cheque for a colleague and retained the instrument for two months before the amount was recovered with interest. A departmental inquiry under the Syndicate Bank Officer Employees (Discipline & Appeal) Regulations, 1976, conducted by a…

A civil dispute over a plot of land led to a violent incident on 16 December 1975 in which nine accused, armed with firearms and bladed weapons, attacked the complainants, resulting in several deaths and injuries. The trial court acquitted four of the accused and convicted the remaining five under sections 148, 149, 30…

The appellant Navnitlal Sakarlal was bequeathed half of his grandfather's estate under a 1956 will that named no executor. The deceased's son, Sakarlal Balabhai, acted as legal representative and filed tax returns for the estate, being assessed on the estate's income until 1967-68. The Income Tax Officer held that the …

The appellant, a rigman in Karnataka's Department of Mines and Geology, was first appointed as a local Junior Engineer in 1967 and later selected by the State Public Service Commission and appointed by the Director on 4 May 1970, before recruitment rules for the post were framed. He was promoted to Assistant Drilling E…

Smt. Shashi Nayar, the wife of a condemned prisoner, filed a writ petition under Article 32 challenging the constitutional validity of the death penalty imposed on her husband for murder under IPC Section 302. She argued that capital punishment violates Article 21, lacks deterrent effect, is barbaric, and that hanging …

The petitioners, doctors appointed ad hoc to the Central Health Service between 1968 and 1977, sought regularisation in Group A with seniority based on their original appointment dates. The Union of India opposed this, fearing that regularising the ad‑hoc doctors would displace regularly recruited Group A doctors. The …

The Supreme Court examined petitions filed by a Sub‑Committee on Judicial Accountability, the Supreme Court Bar Association and individual litigants seeking to enforce the Speaker's admission of a motion for the removal of Justice V. Ramaswami and to restrain him from performing judicial duties. The key issues were whe…

The case concerned the Rehabilitation Ministry Employees Cooperative House Building Society Ltd., which sought to allot land to its members. The dispute arose over the seniority of members for plot allocation and the validity of two notifications issued by the Lt. Governor: one dated 27 October 1987 that exempted the s…

The petitioners owned lands acquired by the Karnataka government under the Bangalore Development Act, 1976, which invoked the Land Acquisition Act, 1894. A declaration under Section 4 of the Land Acquisition Act was made on 20 September 1977, and Section 11-A, introduced by the Land Acquisition (Amendment) Act, 1984, r…

The respondents were arrested for offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and were denied bail, leading them to file writ and criminal miscellaneous petitions seeking bail under Section 167(2) of the Code of Criminal Procedure (CrPC) on grounds of delayed charge‑sheet and illness. The D…

The landlord sought eviction of a shop tenant under Section 13(1)(c) of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947, alleging that the tenant had been convicted of using the premises for illegal purposes. The tenant, who ran a sweet‑meats and farsan shop, had three convictions under the Prevention …

Ex‑servicemen filed writ petitions under Article 32 seeking a "one rank, one pension" rule, equal death‑cum‑retirement gratuity and backward merger of dearness allowance, claiming that the Supreme Court’s decision in D.S. Nakara required the same pension for all retirees irrespective of retirement date. The petitioners…

The State of Madhya Pradesh sought to evict Gwalior Dairy Limited (the Company) for failure to pay rent under a lease originally granted for one year and later extended for ten years, and subsequently renewed in 1971. The Company argued it was not a "Government lessee" within the meaning of Section 181 of the Madhya Pr…

In a private limited company with 50 shares, two brothers each held 25 shares and orally agreed that any sale of shares would first be offered to members of the same family branch. The agreement was never incorporated into the Articles of Association. After the brothers' deaths, a son of one brother sold his shares to …

The Indore Municipal Corporation issued bills and notices demanding payment of lighting rate and drainage tax based on the annual letting value calculated under the Madhya Pradesh Sthawar Sampatti Kar Adhiniyam, 1964, rather than the method prescribed in Section 138 of the Madhya Pradesh Municipal Corporation Act, 1956…

Punjab National Bank sued Shree Bharat Laxmi Wool Store for Rs.81,137.39. The Sub‑Judge decreed interest at the contractual rate of 10½% from the date of suit to realization. On appeal, the district court reduced the future interest to 6% per annum, but the High Court restored the 10½% rate. The Supreme Court examined …

The appellant, a member of the Travancore royal family, filed a suit seeking partition and accounting of certain properties, claiming they were part of an undivided Marumakkathayam tarwad. The respondent, the former Maharaja of Travancore, contended that the properties were his personal assets retained after surrenderi…

The petitioner’s daughter died in August 1986 and the petitioner filed a criminal complaint under Section 498-A IPC. After the Dowry Prohibition (Amendment) Act, 1986 inserted Section 304‑B IPC (dowry death) with effect from 19 November 1986, the petitioner sought to have the case transferred to a Court of Session for …

The father (A1) and son (A2) were charged with murder, conspiracy and abetment of the death of A2's wife, who was found dead in their house. The trial court acquitted them for lack of evidence of a conspiracy and of a homicidal death. The High Court convicted them under Sections 302, 201 and 120‑B IPC, sentencing both …

Goodwill Paint and Chemical Industry, a manufacturer of "thinner", filed a writ petition under Article 32 challenging the constitutional validity of Section 5 of the Poisons Act, 1919 and a 1973 Delhi Poisons Rules amendment that classified thinner as a poison. The petitioners argued that the provision gave the State a…

The Supreme Court examined a public interest litigation filed by H.S. Chowdhary under Article 51A challenging the Central Bureau of Investigation's request to issue a Letter Rogatory to Switzerland in the Bofors scandal. The Court held that the petitioner and intervening parties (Janata Dal, CPI(M), Indian Congress (So…

The appellants challenged the State Bank of India's promotion policy that reserves 35% of vacancies for a Merit Channel and shortlists candidates for interview based solely on written‑test marks. They argued that this criterion was arbitrary and excluded meritorious candidates whose aggregate scores (including seniorit…

The Union of India appealed against a decision of the Central Administrative Tribunal which had held that the State had miscalculated the 12‑month period for estimating IAS vacancies under Regulation 5(1) of the Indian Administrative Service (Appointment by Promotion) Regulations, 1955. The Tribunal ruled that the peri…

The appellant, a former president of Jupiter Cooperative Group Housing Society, was challenged for alleged irregularities in the purchase of building material by the past managing committee. The Registrar of Cooperative Societies referred the dispute to arbitration under Section 60 of the Delhi Co‑operative Societies A…

The Supreme Court examined the “sealed‑cover” procedure used when a government employee’s promotion is pending but disciplinary or criminal proceedings are underway. It held that the procedure can be invoked only after a charge‑memo or charge‑sheet has been served, and that preliminary investigations do not trigger it.…

The Regional Director of the Employees' State Insurance Corporation sought contributions from the factories of High Land Coffee Works and Sons under the Employees' State Insurance Act, 1948. Section 1(4) of the Act excludes "seasonal factories," defined in Section 2(12). The factories were originally classified as seas…

The case concerned the appointment of an Assistant Professor of Neurosurgery at Patna Medical College. Dr. Arun Kumar Agrawal, holding an M.Ch. in Neurosurgery, was placed first in the selection panel prepared by a specialist committee and approved by the State Government, while Dr. Chandra Mohan Jha, holding an M.S. i…

The Government of Tamil Nadu complained to the Centre that Karnataka was impounding Cauvery waters in violation of inter‑State agreements, prompting the Central Government to constitute the Cauvery Water Disputes Tribunal under the Inter‑State Water Disputes Act, 1956. While the Tribunal was hearing the dispute, Tamil …

The landlords obtained eviction decrees against the legal representatives of original tenants under the Delhi Rent Control Act. Two heirs, who were not joined as parties, challenged the execution of those decrees, asserting independent tenancy rights. The Supreme Court examined whether unjoined heirs are bound by a dec…

The petitioners, holders of All India Tourist Permits under the Motor Vehicles Acts, challenged the constitutional validity of additional taxes levied by several states on tourist vehicles, arguing that the taxes were neither compensatory nor regulatory and thus violated Articles 19(1)(g) and 301 of the Constitution. T…

The dispute involved a 100‑acre tank and its appurtenant land in Vatticherukuru village, originally granted by a zamindar for digging and maintaining a tank. The descendants of the original grantee held a ryotwari patta under the Andhra Pradesh Inams (Abolition and Conversion into Ryotwari) Act, while the Village Panch…

The appellants, managers of an establishment exempted from the Employees' Provident Funds Scheme 1952 under Section 17, failed to make provident‑fund contributions to their own trust in 1974. The Provident Fund Inspector filed criminal complaints under Sections 14(1A), 14(2) and 14(2A) of the Employees' Provident Funds…

Jagdish Singh appealed a High Court decree that ordered specific performance of a reconveyance agreement with Natthu Singh. The Supreme Court examined whether the High Court could re‑appraise evidence in a second appeal, whether unserved notices were deemed served, and whether compensation could replace specific perfor…

The plaintiffs, jagirdars of village Nalej, sold teak and mahuda trees to a contractor. The land was declared a reserved forest under the forest rules of the erstwhile Chhota Udepur State, and later brought under the Indian Forest Act by Gujarat. The contractor sought permission to fell the trees, was denied, and the s…

The Indian Aluminium Company imported aluminium raw material into its Thane factory and paid octroi at the normal rate because it did not file the mandatory Form 14 required for the concessional rate of 0.25%‑1.25% under the Maharashtra Municipalities (Octroi) Rules, 1968. After discovering the mistake, it sought a ref…

Anil Kumar Soni was confirmed as Assistant Technical Officer (ATO) in the Punjab Financial Corporation in 1976. He later applied for and was selected as Assistant Manager, a new cadre post filled by direct recruitment, and was appointed on probation in 1980. After several extensions of his probation, the corporation te…

The appellant, a former Chief Justice of the Madras High Court, was charged under the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known income. He sought to quash the criminal proceedings, arguing that judges are not "public servants" under the Act and that no prior sanction was req…

The District Exhibitors Association and other cinema theatre owners challenged a 30 April 1986 Government Notification that retrospectively extended the Employees' Provident Funds Scheme to cinema theatres employing five or more workers from 1 October 1984. They argued that the Notification was ultra vires, that the Ac…

The Assistant Collector of Central Excise issued a show‑cause notice to Ramdev Tobacco Company in 1972 alleging unaccounted tobacco and later imposed a duty demand and penalty through adjudication proceedings. The company challenged the order, and the Andhra Pradesh High Court held that the proceedings were barred by t…

The petitioners filed appeals under Section 54 of the Land Acquisition Act without obtaining the mandatory certificate from the High Court. The Supreme Court Registry sought guidance on whether these petitions could be entertained as Section 54 appeals or should be treated as special leave petitions under Article 136 o…

The Karta of a Hindu undivided family (HUF) converted the family cloth business into a partnership with his son, who contributed only his skill and labour and no cash. The Income‑Tax Officer refused to register the firm, a decision upheld by the Appellate Tribunal and the Bombay High Court. The Supreme Court examined w…

The petitioners, foreign missionaries who had been residing in India since the pre‑Independence era on periodically renewed residential permits, were ordered to leave the country in July 1987. They contended that, having been ordinarily resident for more than five years immediately before the commencement of the Consti…

The petitioners, appointed as Election Commissioners in October 1989, challenged the President’s January 1990 notifications that rescinded their appointments and abolished the two posts. They argued that the abolition violated the tenure provisions in the service rules, infringed the independence of the Election Commis…

Daya Singh was convicted of murder and sentenced to death in 1978. After his appeals and mercy petitions were rejected, a writ petition under Article 32 filed by his brother in 1986 was dismissed in October 1988. A fresh mercy petition filed in November 1988 led to a stay of execution, but the matter remained pending f…

Badri Nath Dixit sued Nandganj Sihori Sugar Co. Ltd. and its officers for a mandatory injunction to enforce an alleged contract appointing him as Instrumentation Foreman, relying on letters from the holding company's chairman that purportedly promised his appointment under a Government scheme. The trial court dismissed…

Wesman Engineering Co. (P) Ltd., a licensee, sought a certificate under s.195(2) of the Income Tax Act to remit payments to its foreign collaborators for royalties and cost of working drawings. The Income Tax Officer held the entire remittance taxable and directed 65% TDS. The assessee appealed, contending that the cos…

Padmanabha Chettiar executed a will in 1924 granting his property to himself for life, then to his wife Dhanalakshmi Ammal for life, thereafter to his daughter Rajalakshmi Ammal, and finally to her male children. The question before the Supreme Court was whether the daughter obtained an absolute estate or merely a life…

The Supreme Court examined three related suits in which widows held life estates in property under wills or settlement deeds. The core question was whether, under Section 14(1) of the Hindu Succession Act, 1956, such a limited estate automatically became an absolute estate, or whether Section 14(2) – which preserves a …

Ranjit Singh was convicted of murder in 1979 and sentenced to life imprisonment. While on parole he committed a second murder in 1980, for which the Supreme Court in 1983 sentenced him to another term of life imprisonment, directing that the second sentence would not run concurrently with the first and that any remissi…

The Supreme Court examined the Uttar Pradesh Higher Judicial Service Rules, 1975 to resolve a dispute between promotee judges and directly recruited judges over seniority and the validity of certain rule provisions. It held that the 236 officers who were serving as Additional District and Sessions Judges on 5 April 197…

The respondent, a Section Officer, challenged adverse remarks recorded in his confidential report. After making a representation against those remarks, the Ministry of Commerce rejected it without giving reasons, and the President partially expunged some remarks. The Central Administrative Tribunal quashed both the Min…

The petitioners were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after gold and cash were seized from their premises. They filed representations against their detention, but the Government considered these representations only after confirming the detention order…

M.C. Mehta filed a public‑interest writ under Article 32 seeking directions for the government to promote environmental awareness. The Court examined whether it could order cinema halls, television, radio and educational institutions to disseminate environmental messages free of cost and make environmental studies comp…

The Supreme Court examined the validity of High Court orders that granted provisional admission to postgraduate medical courses in Uttar Pradesh on the basis of MBBS results. It found that the writ petition before the High Court was fraudulent and that the High Court's direction contravened established requirements for…

The Supreme Court examined whether the addition of saccharin, an artificial sweetener, to supari (pan masala) violated the Prevention of Food Adulteration Rules, 1955. The appellants were convicted under sections 7(i) and 16(1)(a)(i) of the Prevention of Food Adulteration Act for selling adulterated supari containing s…

The Supreme Court considered appeals filed by Dena Nath and others against National Fertilizers Ltd. The issue was whether failure by a principal employer to obtain registration under Section 7 of the Contract Labour (Regulation and Abolition) Act, 1970, or by a contractor to obtain a licence under Section 12, would ca…

The petitioners, former primary school teachers in Bihar, had their services terminated and sought reinstatement. The High Court directed the State to re‑appoint qualified teachers, including untrained ones where trained candidates were unavailable, and the Supreme Court, on 7 February 1991, reiterated this direction. …

The dispute concerned Junior Engineers in the Pondicherry Public Works Department who held a diploma and later obtained a civil engineering degree. They sought to have their pre‑degree service counted towards the three‑year service requirement for promotion to Assistant Engineer under Rule 11 of the Recruitment Rules, …

The petitioners, existing stage‑carriage operators, challenged the Motor Vehicles Act, 1988’s liberalised permit regime (sections 71, 72 and 80) on the ground that it violated Articles 14 and 19(1)(g) of the Constitution by allowing unlimited new entrants on the same routes. They argued that intra‑region permits were n…

Tata Engineering and Locomotive Co. Ltd., which manufactures motor vehicle parts outside Thane, maintained a bonded warehouse inside Thane municipal limits and imported parts for temporary storage, breaking bulk and exporting them. The company paid octroi under a current‑account facility and filed 1,182 refund claims f…

The case concerned lands acquired under the Land Acquisition Act, 1894, where the Collector had made his award on 31 March 1981 and the landowners filed reference applications under Section 18. The High Court had granted benefits under Section 23(1‑A) of the Act, which provides an additional solatium, and the State app…

Jagjit Singh Mehta, a Bank of India officer, was promoted from the clerical cadre and, having undertaken to serve anywhere in India, was posted to Bihar. He later filed a writ petition seeking transfer to Chandigarh, where his wife was employed, and the Punjab and Haryana High Court ordered his transfer. The Bank appea…

The President referred three questions to the Supreme Court concerning the Cauvery water dispute, the Karnataka Cauvery Basin Irrigation Protection Ordinance (later Act No.27 of 1991), and the powers of the Cauvery Water Disputes Tribunal. The Court held that the Karnataka Ordinance was ultra vires the Constitution bec…

The appellant, Smt. Meera Gupta, purchased a vacant plot from Smt. Probhavati Poddar, the predecessor-in-interest, after obtaining a decree for specific performance. The predecessor owned a built‑up property (constructed before the Urban Land (Ceiling and Regulation) Act, 1976) and a vacant plot, and the competent auth…

The appellants, members of the Reddi caste, filed land‑holding declarations under Section 8 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. Appellant 2 claimed that his illatom son‑in‑law, Appellant 1, who had attained majority, was entitled to a half‑share in his property and therefore…

The Supreme Court examined a batch of appeals, writ petitions and transferred cases concerning notices issued to sugar manufacturers demanding water cess under the Water (Prevention and Control of Pollution) Cess Act, 1977. The central issue was whether the sugar manufacturing industry fell within Entry 15 of Schedule …

Rani Devi, the landlady, filed a suit under section 21 of the U.P. Urban Building (Regulation of letting, rent and eviction) Act, 1972 seeking eviction of the occupants, Bhole Nath and others, on the ground of a bona‑fide requirement to start a business for her son. The original tenant, Lalu, died in 1965 and his heirs…

The landlord filed an eviction application under Section 14(1)(b) of the Delhi Rent Control Act, alleging that the tenant, Guizar Singh, had sublet the premises to his brother Avtar Singh. The Rent Controller and the Rent Control Tribunal relied on an affidavit filed by Avtar Singh before the Income Tax authorities, in…

Three brothers sold land to Harbhajan Singh; the fourth brother, Ujagar Singh, filed four pre-emption suits which were decreed on the condition that the pre-emption money be paid by 30 August 1970. The pre‑emptors appealed for a reduction of the amount and obtained an extension of time for deposit, but their appeals we…

The Supreme Court examined five civil appeals concerning the grant or renewal of road‑transport permits on routes in Tamil Nadu. The Regional Transport Authority had awarded permits to the State Transport Undertaking (STU) and denied them to private operators, including Anna Transport and Safe Service. The State Transp…

Garden Silk Weaving Factory, a registered partnership firm, challenged the Income‑Tax Officer’s addition of Rs 5,08,423 (unabsorbed depreciation and unabsorbed business loss) to its total income for AY 1968‑69. The firm argued that unabsorbed depreciation should be carried forward by the firm, while the Revenue contend…

The Indian Olympic Association (IOA), a society registered under the Societies Registration Act, 1860, was embroiled in a leadership dispute when a faction of members requisitioned a special general meeting to move a no‑confidence motion against President B.S. Adityan and the Executive Council. The Executive Council de…

The Bihar State Road Transport Corporation (the appellant) objected to the grant of stage‑carriage permits to private operators for a route that overlapped the Ranchi‑Chaibasa segment, which was a nationalised route under a notified scheme dated 1‑April‑1960. The State Transport Authority rejected the corporation’s obj…

Pundalik was elected Director of the District Central Co‑operative Bank, Chandrapur on 18 August 1986 while he was in arrears on a loan from the bank. The Maharashtra Co‑operative Societies Act, 1960 (section 73FF) disqualifies a defaulter from being elected or continuing as a committee member, and the Act came into fo…

The appellants were convicted for the murder of Bali and for causing injuries to his wife, based on the testimony of several eye‑witnesses and medical reports. The trial court sentenced them to life imprisonment under IPC s.302 read with s.34 and six months under s.323/34; the High Court reduced the murder charge to cu…

The plaintiff, Fateh Bahadur Singh, sued Jang Bahadur (the second respondent) and two non‑tenure‑holders, Kalawati and Mithlesh Kumari, for specific performance of a sale agreement for a plot of land. The lower courts held that the plaintiff was entitled to specific performance, treating the sales to the appellants as …

The appellant's premises were raided by Customs officials, leading to the seizure of gold, silver, and cash and the filing of two criminal complaints under the Customs Act, 1962 and the Gold Control Act, 1968. After the trial magistrate closed evidence, the prosecution sought, under Section 540 of the old Code (now Sec…

The Punjab Excise & Taxation Department had two cadres, Assistant Excise & Taxation Officers (Class III‑A) and Excise & Taxation Officers (Class II), each with promotion quotas. After reorganisation the Class III‑A cadre was abolished and a draft amendment to Rule 5 of the Class II Rules was applied, allowing promotion…

Captain Subash Kumar, master of the Panamanian‑flagged MV Eamaco, was charged under section 363 of the Merchant Shipping Act, 1958 for alleged negligence in failing to launch lifeboats when the ship sank 232 nautical miles from India. The appellant contended that the Act did not apply because the vessel was foreign, th…

M.L. Jain, a former High Court Judge, had his pension fixed at Rs 21,500 per annum in 1985, later increased to Rs 46,100 per annum after amendments to the High Court Judges (Conditions of Service) Act, 1954. He challenged the ceiling of Rs 8,000 on the special additional pension imposed by clause (b) of paragraph 2 of …

The Supreme Court considered two civil appeals filed by former government employees who, after being dismissed, sued for a declaration that their termination was illegal, void, and that they remained in service. The Punjab High Court had held that no limitation period applied to such suits when the dismissal was illega…

The plaintiff, a land proprietor, sued the defendant, a sub-tenant, for ejectment after the original tenants surrendered their interests, causing the sub-tenant's interest to terminate. The defendant argued that his sub‑tenancy survived the tenants' surrender and that the suit should be filed under s.175, which was sta…

The case arose from the murder of a 12‑year‑old domestic help, Vinod Kumar, in 1968. Four persons – Kapil Deo, his wife Sheo Kumari, their son Vidya Sagar and brother Ramapati – were charged under IPC s.302, s.302 read with s.34 and s.201 read with s.34. The trial court convicted Vidya Sagar of murder and the others of…

The respondent, a licensed retailer of liquor under the Karnataka Excise Act, challenged the validity of Section 23(d) of the Mysore Excise Act, 1965 and Rule 8(1) of the Karnataka Excise (Sale of Indian & Foreign Liquors) Rules, 1968, alleging they were beyond the State's legislative competence. The Karnataka High Cou…

The appellant, A.L.A. Firm, a partnership engaged in money‑lending and property transactions, was dissolved on 13 March 1961 and reported a revaluation surplus of $1,01,248 (Rs.1,58,057) in its 1961‑62 return, treating it as neither revenue nor capital. The Income‑Tax Officer initially accepted this view but later, aft…

The appellants' agricultural land was acquired under the Land Acquisition Act, 1894 and they were awarded compensation they considered inadequate. They filed an application under Section 18 seeking a reference to the Court for enhanced compensation, attaching a schedule of some Khasra numbers but stating a claim for th…

P.U. Iqbal was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) by an order dated 21‑08‑1989. The order was executed only on 10‑08‑1990, creating a delay of almost one year. Iqbal filed a writ petition under Article 32 seeking habeas corpus, contending that…

The appellants, who were Assistant Telegraph Masters (ATMs) in the Posts & Telegraphs Department, were reverted to the post of Telegraphist under the Director‑General's order of 17 August 1983, which also provided that 85% of ATM posts would be upgraded to Lower Scale Telegraph Masters (LSGTMs) and the remaining 15% ab…

Triveni Shankar Saxena, originally appointed as a temporary Lekhpal in 1953, later served as a Consolidator and Assistant Consolidation Officer for about 17 years before being terminated on 16 October 1971 without reason and with one month's salary in lieu of notice. He claimed he was on deputation, had a lien on his o…

A highway robbery on 20 April 1975 resulted in the death of Naresh Chand after he was stabbed. Five persons were initially charged; the Delhi High Court acquitted one, leaving four accused. The High Court convicted the four under Sections 302/34 IPC (murder with common intention) and 394 IPC (voluntarily causing hurt i…

The respondents were appointed as part‑time lecturers under conditions that allowed removal without notice and payment on an hourly basis. They filed a writ petition in the Punjab & Haryana High Court seeking regularisation on the regular pay scale. The High Court, without addressing the parties’ arguments, allowed the…

The appellant, daughter and heir of a tenant, sought possession of an identical area in a newly constructed building as promised in a consent decree that required the landlord‑bank to give her an equal premises after demolition of the old building. The landlord complied with the demolition but failed to allocate the pr…

The appellant, Gariwala, challenged a decree passed on a compromise that was reduced to writing and signed only by his counsel, arguing that the 1976 amendment to Order XXIII Rule 3 of the CPC required the parties themselves to sign. The respondents contended that the expression "parties" includes a recognised agent or…

The appellant, a non‑resident company exporting manganese ore, was assessed for the assessment year 1953‑54. Customs authorities later found that the company had under‑invoiced its exports, resulting in a finding of under‑invoicing of about Rs 44‑45 lakh. On this basis, the Income‑Tax Officer issued a notice under Sect…

The Sikkim State Civil Service Rules, 1977 provided for recruitment through the Sikkim Public Service Commission, which was not constituted until 1982, rendering the rules inoperative for about five years. In September 1981 the State Government issued a notification for a special recruitment, citing exigencies of servi…

The case concerned a permanent jagir of Chandurpura village granted to the ancestors of the parties, which had been held by successive generations under the rule of primogeniture. After the abolition of the jagir under the Madhya Bharat Abolition of Jagir Act, 1951, the respondent claimed a half‑share in the jagir prop…

K. Vimala filed a petition for maintenance under Section 125 of the Code of Criminal Procedure against her husband, K. Veeraswamy. The husband contended that the marriage was void because he was already married to Veeramma, and therefore he was not liable to maintain Vimala. The trial magistrate dismissed the husband's…

The plaintiff, heirs of the deceased Lakhan Sao, sued Dharamu Chaudhary for declaration of title and possession of land, relying on a 1964 sale deed and challenging an earlier 1959 deed as a sham transaction without consideration. The trial court and its first appeal upheld the plaintiff's title, but the High Court set…

Bhavani Tea and Produce Co. Ltd., a plantation company, owned 3,151.20 acres in the Western Ghats and sought a declaration that none of its land should vest in the State under the Kerala Private Forests (Vesting & Assignment) Act, 1971. The Tribunal and the Kerala High Court identified certain plots as private forests …

The appellants, senior officers of the Rajasthan Administrative Service, challenged the 1987 amendment to the Rajasthan Administrative Service Rules that created a Super Time Scale, contending that these posts were merely “higher posts” and should be filled on a 50:50 merit‑seniority basis. The High Court held that the…

P.S. Sahni occupied a flat in Shyam Cooperative Housing Society under a written agreement dated 11 June 1969 that was labeled a "leave and licence" and expressly stated that the licensee would not claim tenancy. The Society and the licensor terminated the licence on 10 March 1972, after which Sahni refused to vacate an…

The mortgagor, Kala Singh, executed three mortgages on agricultural land in favour of the appellants and later applied to the Collector under Section 4 of the Redemption of Mortgages (Punjab) Act, 1913 for redemption. After a compromise, the Collector ordered redemption under Section 11, but the mortgagor defaulted and…

The appellants owned several parti lands on which they constructed godowns and let them to the Food Corporation of India. The Bhagalpur Municipal Corporation revalued the holdings under Section 107 of the Bihar and Orissa Municipal Act, 1922, increasing the letting value from Rs.2 to Rs.10 per holding and issued demand…

The appellants, former directors of a jute mill company, sought relief under Section 633 of the Companies Act, 1956 to be exempted from liability for delayed and non‑payment of Employees' Provident Fund dues. The Calcutta High Court had allowed a consent order permitting instalment payment and restraining criminal pros…

The District Beedi Workers' Union filed writ petitions under Article 32 alleging non‑implementation of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966, the Child Labour (Abolition) Act, 1986 and related welfare statutes, including the use of contract labour and manipulation of workers' registers. The S…

The Chief Editor of a daily newspaper was charged in a complaint alleging defamation under Sections 500 and 34 of the IPC, but the complaint contained no specific allegation that he edited or approved the offending news item. The magistrate issued summons, the editor pleaded not guilty and requested that the proceeding…

Havildar Ratan Singh was charged with cowardly abandonment of his post during an armed operation against militants and was tried by a Summary Court Martial under the Army Act, 1950. The trial court held that the offence fell under section 36 of the Act, allowing summary jurisdiction, and convicted him, reducing his ran…

The appellant's land was notified for acquisition in 1978‑79 under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer fixed a market value of Rs 42,000 per acre with a 5% deduction for development cost. The claimants demanded Rs 200 per square yard; the Civil Court fixed that amount with a 20%…

The Union of India filed a writ petition under Article 226 challenging demand notices issued by the Purna Municipal Council for service charges of Rs.28,400 on railway property for the years 1954‑1960. The Union relied on Article 285 of the Constitution read with Section 135 of the Indian Railways Act, 1890, which perm…

The Tamil Nadu Government appointed temporary junior professors under Rule 10(a)(i)(l) of the State and Subordinate Services Rules, 1955 between 1971 and 1982. In 1979 the State Public Service Commission (PSC) invited applications for regular appointments, selected 25 candidates (including 21 temporary professors) and …

The Bangalore Development Authority (BDA) allotted a plot reserved for a public park in a development scheme to the Bangalore Medical Trust for a private nursing home/hospital, based on State Government orders and a BDA resolution. Residents of the locality challenged the diversion as contrary to the Bangalore Developm…

The case concerned the inter‑se seniority of Assistant Engineers in the Bihar Engineering Service, Class II. Directly recruited engineers (respondents 1‑5) were appointed in 1961, while overseers promoted to the same post (appellants 6‑23) were later given retrospective promotion dates of 1958, 1961 and 1962 by Governm…

L.S. Pandey, a Head Constable of the Central Reserve Police Force, was charged with negligence after two under‑trial Burmese prisoners escaped from his custody. A departmental enquiry was held, cancelled, and a fresh enquiry was conducted, resulting in a finding of neglect of duty under Section 11(1) of the CRPF Act, 1…

Maharashtra State Financial Corporation (the appellant) had sanctioned a Rs.30 lakh loan to Jaycee Drugs Ltd. (the respondent company) which was secured by a mortgage and a personal guarantee from the company's directors. After the company defaulted, the corporation sought recovery of Rs.15,87,391.20 from the directors…

The petitioners were diploma‑holder engineers employed as Operator‑cum‑Mechanics/Electricians in the West Bengal Government on a Rs.230‑425 pay scale. They claimed that sub‑para (ii) of Para IV of Notification No. 10303.F dated 19 Nov 1974, which renamed "other diploma holder engineers" as Sub‑Assistant Engineers, enti…

The company Rajratha Naranbhai Mills Ltd. was ordered to be wound up on 26 June 1967 and the liquidator invited creditors to prove claims for priority under s.530(1)(a) of the Companies Act, 1956. The Sales Tax Officer claimed priority for sales tax and penalties, arguing that the assessment orders and demand notices w…

The petition involved a dispute over the property of a deceased adoptive mother between the adoptive son K.V. Seshiah and his two sons, each claiming rights under different wills. The parties executed a compromise on 21 August 1987, whereby Seshiah agreed to pay each son Rs.1 lakh in exchange for relinquishing their in…

Lt. Gen. R.K. Anand retired at age 57 under a Departmental letter dated 9 September 1986, which introduced a two‑stream concept for Lt. Generals, assigning a lower retirement age to the 'Staff only' stream. He challenged the retirement, claiming the earlier letter of 9 May 1985, which fixed the retirement age at 58 for…

The Union Territory of Chandigarh reserved 5% of seats in Punjab Engineering College for children and spouses of military/para‑military personnel, dividing them into five sub‑categories with a descending order of priority. Several applicants challenged the categorisation, arguing that the High Court had exceeded its ju…

The appellants' lands in Visakhapatnam were acquired under the Land Acquisition Act, 1894. They claimed a compensation of Rs 10 per square yard, while the Sub‑Judge fixed the market value at Rs 11 but awarded Rs 10 per square yard. The Andhra Pradesh High Court reduced the compensation to Rs 6.50 per square yard, apply…

The Wakf Board filed a suit for declaration of a right of passage, which was dismissed by the trial court, leading it to file a title appeal before the District Judge. Although an exemption allowed a nominal court fee of Rs.15 on the plaint, the memorandum of appeal required a fee of Rs.638, of which only Rs.15 was pai…

The Uttar Pradesh legislature amended its 1939 Motor Spirit, Diesel Oil and Alcohol Taxation Act to levy a purchase tax on industrial alcohol, which was challenged as unconstitutional because industrial alcohol is regulated by the Central Government under the Industries (Development and Regulation) Act, 1951. The respo…

The appellants, three brothers running a shop, were prosecuted under the Prevention of Food Adulteration Act, 1954 for selling tea dust that was found adulterated by the Public Analyst. The trial magistrate acquitted them, holding that the Public Analyst had not sent the report within 45 days as required by Rule 7(3) a…

The suit land was taken under Government management and leased by the Mamlatdar to the appellant for ten years (7 Dec 1951 – 6 Dec 1961). After the lease expired, the management was terminated on 27 July 1963 and the land was restored to the landlord. The appellant claimed that his continued payment of rent to the Maml…

The victim, Gangaben, suffered 90% burns after kerosene was poured on her and, while being treated, made dying declarations to two doctors naming Padma Patel, her husband's sister, as her tormentor. The Sessions Court acquitted Patel, doubting the victim's mental fitness and the possibility of tutoring, but the Gujarat…

The appellant filed a complaint before the Chief Judicial Magistrate alleging that his brother‑in‑law, Darshan Singh, had contracted a second marriage while his first marriage to Jagjit Kaur was still subsisting, thereby committing bigamy under IPC s.494 and abetment under s.109. The magistrate, after recording stateme…

The petitioners challenged the award of additional compensation under Section 23(1‑A) of the Land Acquisition Act, 1894, claiming it should apply to their case where the acquisition proceedings began before the 1984 amendment but the court award was rendered after the amendment came into force. The Supreme Court examin…

The landlords (appellants) obtained an eviction decree against their tenant, Respondent No.7, but the tenant's relatives (Respondents 1‑5) claimed they were also tenants in their own right and filed a writ petition under Article 226 of the Constitution. The High Court entertained the writ, holding that the decree did n…

The Revenue appealed against orders of the Customs, Excise and Gold (Control) Appellate Tribunal that had allowed exemption from excise duty to Rajasthan State Chemical Works and Sunderson (Minerals) Ltd. under Notification No.179/77 CE, which exempts goods where no process is ordinarily carried on with the aid of powe…

The appellant, Munshi Ram Ram Niwas, was found with 80 quintals of Khandsari sugar during a raid, exceeding the 10‑quintal limit allowed without a licence under the Delhi Sugar Dealers Licensing Order, 1963. Two samples each were taken from three varieties of Khandsari and all showed sucrose content above 90%, qualifyi…

Yogendra Prasad, an ex‑treasurer of a cooperative society, was alleged to have misappropriated Rs.95,790.54. The society initiated recovery proceedings under section 48 of the Bihar and Orissa Cooperative Societies Act, 1935. The Registrar referred the dispute to the Assistant Registrar, who passed an award; the Deputy…

The Punjab Government, after the High Court allowed six‑month continuance of ad‑hoc Patwari appointments, amended Rule 2(a) of the Punjab Revenue Patwari Class III Service Rules, 1963 to permit district committees to recruit. A district committee in Patiala, comprising the Deputy Commissioner, District Revenue Officer,…

The appellant, Yusufbai Noormohmed Nendoliya, occupied land that the State of Gujarat sought to acquire for a university. A notification under Section 6 of the Land Acquisition Act, 1894 was issued in June 1988 and the appellant obtained an interim injunction restraining possession. More than two years later, the acqui…

The appellant, an employee of the National Council of Educational Research and Training (NCERT), challenged his termination by filing a writ petition under Article 226 of the Constitution. The Delhi High Court dismissed the petition, holding that NCERT was not an "instrumentality or authority" within the meaning of Art…

A petrol tanker collided with a truck on a highway, overturned and leaked petrol; four hours later the leaked fuel exploded, causing fire, injuries and the death of the claimant's son. The claimant sought compensation under Section 110 of the Motor Vehicles Act and a no‑fault claim of Rs.15,000 under Section 92A. The M…

Dr. Harendra Narain Singh and Ram Nath Singh were convicted for murder under Sections 302 and 34 of the IPC based solely on circumstantial evidence that a dead body was taken from the doctor's dispensary on an ekka to a village courtyard. The Supreme Court examined the principles governing circumstantial evidence, emph…

The first appellant, Dalpat Kumar, entered into a contract to purchase a house and obtained a decree for specific performance, after which the sale deed was executed by the court. The respondent's family repeatedly sought temporary injunctions to prevent the appellant from taking possession, which were denied by the tr…

Burn Standard Company Ltd., a manufacturer of railway wagons, received certain components such as wheel‑sets and axle boxes from the Railway Board free of charge, which it incorporated into the wagons it supplied. The company invoiced the Railway Board for the wagons without including the value of these "free supply it…

Gurmej Singh, Gian Singh and Bur Singh were convicted of murdering Harnam Singh, a neighbour, based on the testimony of two close relatives who identified the accused under the light of a tubewell lamp. The defence argued that a third eye‑witness, Narain Singh, who was sleeping near the victim, was not examined and tha…

Khujji @ Surendra Tiwari was convicted of murder under Section 302 IPC and sentenced to life imprisonment. The prosecution relied on three eye‑witnesses, discovery of a blood‑stained weapon and the appellant's blood‑stained pant. Two witnesses (PW‑3 and PW‑4) were declared hostile because they could not identify the as…

The respondent sued the appellant for possession of a building on the ground of wilful default in paying rent of Rs.900 per month. The appellant denied being a tenant, claiming to be a co‑sharer, but the lower courts held it was a tenant and decreed eviction. While the suit was pending, clause (ii) of section 30 of the…

The respondent was appointed as a Lower Division Clerk of the Raipur Municipal Corporation on 22 September 1966 and placed on a two‑year probation. After the probation period expired on 21 September 1968, the corporation served him a one‑month notice of termination on 9 December 1968, effective 9 January 1969, without …

The Supreme Court examined whether the sale of 39 lakh shares of Larsen & Toubro Ltd. by public financial institutions to Trishna Investments through BOB Fiscal Services, and the Controller of Capital Issues' consent to a mega issue of convertible debentures (including a Rs.310 crore preferential allotment to Reliance …

The father, as natural guardian, sold immovable property belonging to his minor daughter without court permission and not for legal necessity, violating the Hindu Minority and Guardianship Act, 1956. The sale was voidable, and after attaining majority the daughter sold the property to the respondent within three years,…

The Rourkela Sramik Sangh applied to the State Labour Commissioner, who also acted as the Implementation and Evaluation Officer, seeking recognition as the sole bargaining agent in the Rourkela Steel Plant and requesting verification of union memberships. The Labour Commissioner authorized the Deputy Labour Commissione…

Babu Singh, a life‑convicted prisoner who had served eleven and a half years, applied to the Punjab & Haryana High Court for premature release. The High Court, after noting that his mercy petition to the Governor had not been decided within the three‑month period it had ordered, directed his release on bail, stating th…

Om Prakash Puri and partners, who operated the Trinca's restaurant in Calcutta, were assessed an ad‑hoc luxury tax of Rs.2,40,000 under Sections 3 and 4 of the West Bengal Entertainments and Luxuries (Hotels and Restaurants) Tax Act, 1972 (as amended 1974). They challenged the tax on the grounds that it was discriminat…

The appellant, Babu Lal, was appointed on an ad‑hoc basis as Sub‑Inspector, Food & Supplies in Haryana in 1975. He was suspended on 15 April 1980 because criminal proceedings under IPC s.420 were pending, and his services were terminated on 17 November 1980 while the suspension was still in force. He was acquitted of t…

The Calcutta Electricity Supply Corporation (C.E.S.C.) engaged private contractors to excavate, lay and maintain electric lines. The Employees' State Insurance Corporation (E.S.I.C.) directed C.E.S.C. to deduct E.S.I. contributions for the contractors' workers, asserting they were "employees" under Section 2(9) of the …

The appellant, a stage carriage operator, applied for renewal of his permit under Section 58(2) of the Motor Vehicles Act, 1939, and the application was duly notified. Before the renewal could be granted, the Motor Vehicles Act, 1988 came into force, repealing the 1939 Act. The respondent applied for a fresh permit on …

The Radhasoami Satsang, a religious institution, had its income assessed as taxable for several years after an earlier period of exemption, prompting the assessee to challenge the assessments before the Income‑Tax Tribunal, which held that the income was exempt under sections 11 and 12 of the Income‑Tax Act, 1961. The …

The dispute concerned awards made by an arbitrator (umpire) under a contract for the construction of the Nagarjunasagar Dam. The arbitrator awarded several claims, some of which were not supported by the contract (escalation for napa‑slabs, extra lead for water, flattening of canal slopes) while others (labour escalati…

Gulabbai, the landlord, sued Nalin Narsi Vohra and others for vacant possession of a shop and arrears of rent, claiming the tenants were defaulters and that she needed the premises for her husband’s tax‑consultancy office. The trial court and the Additional District Judge held that the tenants were monthly payers, not …

Gurmkh Singh (appellant) appealed against a decree ordering specific performance of an agreement with Amar Singh (respondent) to jointly bid at a public auction of evacuee property and to split the purchased land. The appellant argued that the agreement was void under Section 23 of the Indian Contract Act, 1872 because…

The mother of Noor alias Babu filed a writ petition under Article 32 seeking to quash his preventive detention order issued under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The detenu had made a representation against his detention, but it was addressed only to the Centra…

Spences Hotel Pvt. Ltd. and others, owners of an air‑conditioned hotel and restaurant, challenged the West Bengal Entertainments and Luxuries (Hotels and Restaurants) Tax Act, 1972 which levied a flat luxury tax of Rs 100 per 10 sq m of air‑conditioned floor space. They argued that the tax violated Article 14 of the Co…

The appellant, SMT. P. Leelavathamma, appealed against the Controller of Estate Duty challenging the computation of the net principal value of the deceased’s estate. She argued that the estate duty payable on the property passing on death constituted a first‑charge encumbrance and therefore should be deductible under S…

Daryao Singh was convicted under Sections 302 and 34 of the IPC for the murder of Nagji, stemming from a long‑standing family feud. The trial court acquitted him, deeming the testimony of the deceased’s relatives uncorroborated, but the Madhya Pradesh High Court reversed that decision, finding the witnesses’ accounts c…

The Mathura Refinery Mazdoor Sangh, representing about 900 casual labourers employed under the Contract Labour (Regulation and Abolition) Act, 1971, sought parity in wages and conditions with regular refinery employees. Some workers had contracts directly with the refinery through co‑operative societies, while others w…

The respondent, a bank manager, was promoted from Scale II to Scale III under Clause 9 of the bank's Promotion Policy while disciplinary action was merely contemplated. Later, a charge‑sheet was served and a departmental inquiry was ordered. The respondent filed a suit claiming that the promotion amounted to a legal co…

The Supreme Court examined a lease where the tenant paid a monthly rent of Rs.900 plus a monthly education cess of Rs.120. The tenant fell into arrears and did not pay the amount within one month of a statutory notice of termination. The principal issues were whether the amendment to Section 12(3) of the Bombay Rents, …

The respondents, a drug firm and its managing partner and pharmacist, were prosecuted for charging amounts in excess of the maximum retail price fixed under the Drugs (Price Control) Order, 1979 for Largactil and Hipnotex tablets. The trial court convicted them under Section 7 of the Essential Commodities Act, 1955 for…

The Ujjain Development Authority issued a notification under Section 4(1) of the Land Acquisition Act, 1894 in 1985 to acquire land for Scheme No.23 framed under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973. The respondents challenged the notification before the Madhya Pradesh High Court, which annulled i…

The respondent, K. Rajeshwar Rao, sold cumin that was found to be adulterated on 13 March 1976. He was charged under Section 16(1)(a)(i) read with Section 7(1) of the Prevention of Food Adulteration Act, 1954. The trial court and the High Court acquitted him on the ground that his father owned the shop and that the san…

The dispute involved 19 bighas of land originally granted to the Pitaliyas family, later partnered with the Jhalanis who obtained a civil decree and auctioned the Pitaliyas share, securing a sale certificate and a mutation order in 1953 based on a written compromise. The Collector, seventeen years later, initiated suo …

The petitioners, a group of licensed child‑welfare agencies including the Central Voluntary Adoption Resource Agency, sought various reliefs concerning adoption procedures, such as allowing Indian‑adopted children to retain citizenship till majority, issuing birth certificates on the basis of adoption documents, quashi…

Vania Silk Mills Ltd. purchased machinery in 1957 and hired it to Jasmine Mills, which insured the machinery. A fire in 1966 destroyed the machinery; the insurer paid the lendee, which in turn paid the appellant Rs 6,32,533 as insurance claim. The assessee treated the excess of the claim over the written‑down value as …

The petitioners, research scholars employed on projects in various medical institutions, sought security of service and regularisation under Article 32 of the Constitution. The Supreme Court observed that the Indian Council of Medical Research (ICMR) is the research body funded by the Union, and that better coordinatio…

The State appealed the High Court's acquittal of three accused in the murder of trade‑unionist lawyer Ram Subba Reddy. The Supreme Court examined whether the daughter’s (PW 1) testimony was reliable despite allegations of self‑inflicted injuries, the delay in the identification parade, and the absence of her statement …

The petitioners, former Emergency Commissioned Officers, were appointed to the Tamil Nadu Commercial Tax Service after discharge from the Army. Rule 35 of the Tamil Nadu State and Subordinate Service Rules required seniority to be fixed by date of appointment, but the State Government issued orders in 1976 and 1977 fix…

On 25 April 1972, a political dispute in Padaria Tula, Uttar Pradesh, led Bhupendra Singh (appellant No.1) and his supporters to fire at Gajendra Singh, who later died. The trial court acquitted all accused, but the Allahabad High Court convicted Bhupendra Singh under section 302 IPC for murder and others under section…

M.C. Mehta, an advocate and chairman of the Environmental Protection Cell, filed a writ petition under Article 32 seeking the closure of hazardous industries and regulation of vehicular and thermal power pollution in Delhi. The Supreme Court examined the constitutional mandate under Articles 48A and 51A, which impose a…

The case concerned fifteen accused persons charged with the murder of Appikatla Tataiah. Four of them (A‑1, A‑2, A‑5 and A‑11) were convicted under section 302 read with section 149 of the IPC, while the remaining eleven were acquitted. The central issue was whether section 149 IPC could be invoked to sustain the murde…

The case concerned a gift of land made by Kehar Singh in 1947 to his second wife, Basant Kaur, as maintenance. After the Hindu Succession Act, 1956, the widow’s step‑grandsons claimed the gift gave her only a limited estate under Section 14(2) and that the estate could not be enlarged. The High Court held the gift fell…

The appellant, N.D. Jain, owned land that was acquired by the Agra Town Improvement Trust under the U.P. Town Improvement Act, 1919. He received only a nominal compensation and no solatium, prompting him to seek a reference before the Nagar Mahapalika Tribunal, which increased the compensation but still denied solatium…

The appellant, Gokak Patel Volkart Ltd., filed criminal complaints under Section 630(1)(b) of the Companies Act, 1956 and Section 406 IPC against former employees who, after retirement, failed to vacate company quarters. The trial magistrate dismissed the complaints as time‑barred under the six‑month limitation prescri…

The Punjab Public Service Commission conducted a competitive examination for 71 posts in the Punjab Civil Services (Executive Branch) and Allied Services. Candidate V.M. Bansal, whose father was a commission member, changed his preference to the Punjab Civil Service before the result was declared and the change was app…

The appellant, Smt. Dhawan, applied to the Delhi Rent Controller under Section 21 of the Delhi Rent Control Act, 1958, seeking permission to let her premises for a three‑year residential tenancy, stating she would need the house thereafter. The Rent Controller granted the permission, but the tenant, Shaw Brothers, late…

The All India Judges' Association filed a writ petition under Article 32 seeking directions for the creation of an All‑India Judicial Service and uniform service conditions for the subordinate judiciary, including retirement age, pay, accommodation, transport, library and in‑service training. The Court examined the con…

The appellant mortgagor and his co‑heirs mortgaged two‑thirds of a property for a loan. A mortgage suit was filed and the trial court passed a preliminary decree on 25‑July‑1962 ordering payment in instalments and authorising a sale on default. Because of non‑payment, a final decree for sale was passed on 6‑March‑1963 …

The appellant, a candidate for the Civil Services (Main) Examination 1990, challenged the second proviso to Rule 4 of the Civil Services Examination Rules before the Central Administrative Tribunal, alleging it violated Articles 14 and 16 of the Constitution. The CAT allowed the appellant to appear in the Main examinat…

In a writ petition under Article 32 of the Constitution, 55 individuals who had joined the Arya Samaj movement in the former Hyderabad State in the late 1930s claimed entitlement to the Freedom Fighters' Pension Scheme (renamed Swatantrata Sainik Samman Pension Scheme, 1980). They had been convicted and sentenced to im…

The Supreme Court examined the constitutional validity of the second proviso added to Rule 4 and the proviso to Rule 17 of the Civil Services Examination Rules, which restrict candidates allocated to IPS or Central Services Group A from re‑appearing in the next examination unless they resign. The petitioners argued tha…

The All India Glass Manufacturers' Federation imported 5,000 metric tonnes of soda ash from Kenya and paid customs duty based on the invoice value. After distribution, the goods were found to be sub‑standard; the foreign seller compensated the Federation with a credit note reducing the price. The Federation sought a re…

The Supreme Court entertained a writ petition under Article 32 after a letter complained of bonded labour in stone quarries of Faridabad, Haryana. It appointed commissioners and investigators to examine the working conditions and the implementation of the Bonded Labour System (Abolition) Act, 1976 and related statutes.…

Aysha Umma appealed against a Kerala High Court order that had set aside a civil court's award of Rs.3,00,000 as market value of six acres of land and had confirmed a separate capitalisation award for fruit‑bearing trees. The Supreme Court examined the proper method of valuation, holding that land and trees must be val…

The appellants were teachers in a state‑financed minority college who went on strike. When they were called back, a group of them, including seven teachers, failed to report within the stipulated time, prompting the appointment of alternate teachers. The teachers sought to be absorbed back into service and claimed sala…

The Government of Andhra Pradesh issued an order on 18 November 1981 granting a 5% weightage to candidates whose basic education was in Telugu medium for appointments to non‑gazetted posts, expressly limiting the benefit to selections made through the State Public Service Commission (SPSC). The State Administrative Tri…

A suit was filed by Gouri Sankar Sarda against R. McDill Co. and Misrilal Bharamchand. The defendants applied under Section 34 of the Arbitration Act, 1940 for a stay of the suit, but the application was withdrawn for a formal defect and the court ordered them to make a fresh application. Instead of filing a joint fres…

Toolsidass Jewraj, a jute exporter, entered into contracts for shipment in early 1962 but delayed the shipment to June after prices rose. Before the goods were shipped, it filed shipping bills and G.R. forms that undervalued the FOB price, intending to discount the buyers' profit and remit it covertly. The Additional C…