Judgments of 1993

The Supreme Court examined challenges by Morvi and Junagadh Municipalities to the Gujarat Municipalities Rules governing consolidated property tax. Taxpayers had contested Rule 5, which allowed the actual rent received to be used as the annual letting value, alleging it was ultra vires Section 99(1)(i) read with Sectio…

The case concerned three writ petitions filed in the Bombay High Court challenging orders of the Acting Speaker of the Goa Legislative Assembly that purportedly reviewed and set aside earlier disqualification orders of members under the Tenth Schedule (anti‑defection law). The High Court dismissed the petitions at the …

Mani Ram and his brother Hari Ram had a dispute with Hazur Singh. On the day of the incident Singh went to his field, ate a meal brought by his wife Surjeet Kaur and son Jaskaran, and was subsequently shot by Mani Ram with a licensed pistol; Hari Ram allegedly encouraged the act. The trial court acquitted both accused …

The Orissa State Electricity Board entered into a five‑year electricity supply agreement with Orissa Tiles Ltd, which required the consumer to pay a stipulated minimum charge irrespective of actual consumption. The Board disconnected supply on 30 April 1968 for non‑payment and the consumer also failed to pay the minimu…

Tekchand, a watch dealer, and his two sons made a voluntary disclosure of income under the Voluntary Disclosure of Income and Wealth Act, 1976 and obtained a certificate. After serving a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), they were served no…

The Commissioner of Income Tax challenged Amritsar Transport Company Private Limited for including amounts collected as "Dharmada" in a separate account in its business income. The company argued that the levy, collected at Rs.1 per bilty, was a customary charitable contribution distributed among the labourers' poor re…

The State of West Bengal issued a notification under the West Bengal Estates Acquisition Act, 1953 covering the tea garden of Singell Tea and Agricultural Industries Ltd., and the Revenue Officer assessed rent. The company contended it was not an intermediary and the land was free‑hold, challenging the officer’s jurisd…

The appellant, T.M. Balakrishna Mudaliar, purchased agricultural lands from Abdul Salam and Razia Begum and was assigned their right of repurchase under agreements dated 15‑April‑1963. The respondents, Satyanarayana Rao and his mother Pushpavathi Ammal, refused to execute reconveyance deeds, prompting Mudaliar to sue f…

Parkash Kaur mortgaged her house to Sandhooran and the property was later sold at auction. She first filed an application under Order XXI Rule 90 to set aside the sale on 16 September 1974 and subsequently filed an application under Order XXI Rule 89 on 23 September 1974 seeking to withdraw the sale and recover the mon…

The case concerned the promotion and seniority of Class III personnel in the Indian Ordnance Factories. A 1962 circular had granted accelerated promotion to diploma‑holding supervisors, but a 1966 circular withdrew that benefit. After decades of litigation, the Supreme Court in Virendra Kumar (Civil Appeal No. 441/81) …

Dr. Gyan Prakash Singh was appointed on an ad‑hoc basis as Assistant Medical Officer in the North Eastern Railway with an order dated 1 Oct 1984, but he joined duty on 9 Oct 1984. The Supreme Court, in Dr. A.K. Jain (1987), had directed regularisation of all doctors appointed on an ad‑hoc basis "up to 1 Oct 1984". The …

The petitioners challenged land acquisition proceedings initiated between 1959 and 1965, alleging that the government delayed making awards and paying compensation for more than fourteen years after declarations under Section 6 of the Land Acquisition Act, 1894. The Court examined whether such delay violated the statut…

The appellant, Mis Chahal Engineering, entered a turn‑key lump‑sum contract with the Punjab Irrigation Department to construct an aqueduct. Design changes increased quantities, and the contractor claimed extra payment, leading to arbitration. The first arbitrator treated the contract as having shifted from lump‑sum to …

The appellant, Usha Pillai, was appointed guardian of her granddaughter Nivedita after the child's mother committed suicide. The child's father, R.K. Srinivas, abducted the child and took her to the United States, leading the appellant to file a kidnapping complaint. During the criminal trial, the father obtained exemp…

The appellants were teachers in a school that was recognised in 1983 but only received grants‑in‑aid in 1988. Their services were terminated in 1986, before the school became an aided institution, and the termination was not approved by the Inspector of Schools. They filed a writ petition seeking reinstatement and back…

The respondent was employed as a sales girl by the Central Cooperative Consumers' Store, a cooperative society, and was allegedly humiliated, harassed and illegally terminated by a new manager without required approval or notice. After a seven‑year delay, the Assistant Registrar declared the termination illegal and ord…

The appellant sold ice‑sticks that were examined by a public analyst who reported the presence of saccharin and dulcin, the latter being an adulterant declared injurious to health. A subsequent analysis by the Central Food Laboratory found only saccharin and no dulcin. The trial court convicted the appellant under Sect…

The petitioners challenged the Karnataka State Government's orders permitting a partnership firm to sell excess vacant land under the Urban Land (Ceiling & Regulation) Act, 1976, alleging that the State lacked authority to grant such exemption and that the sale deed was void. The Supreme Court examined the scheme of th…

The Central Excise Collector appealed against several sugar factories claiming that they were not entitled to the excise‑duty rebate under four Government notifications because the factories had produced no sugar in the corresponding periods of the base year. The factories argued that the phrase “quantity of sugar prod…

Universal Radiators, a manufacturer of automobile radiators, purchased copper ingots from the United States to be rolled in Bombay and used as raw material. While the ingots were at sea, the vessel was seized during hostilities between India and Pakistan and the loss was compensated by the insurer, resulting in a rupee…

The Gandhi Grab Nirman Sahkari Samiti Ltd., together with Bhawani Singh, purchased 3,49,000 sq. yards of land in Jaipur and submitted a development plan to the Urban Improvement Trust, which was objected to and referred to the State Government. The State Government, after hearing objections, issued a notice under Secti…

Joginder Singh Wasu, the Advocate General of Punjab, was appointed under a 1953 notification fixing his fee at Rs 100 per civil writ or letters‑patent appeal. In 1975 the State issued an amendment reducing fees for batch cases and capping total fees at Rs 1,000. Wasu protested, submitted bills based on the original rat…

The petitioner, Additional Sessions Judge K.P. Tiwari, granted temporary and permanent bail to five accused persons despite having rejected their bail applications on merit. The High Court cancelled the bail orders and, in its judgment, alleged that the judge was "interested" and had been "won over" by the accused, att…

The appellants challenged the constitutional validity of the Haryana Rural Development Act, 1986, specifically sections 5(1) and 11, alleging that the 1% levy on agricultural produce was a tax in disguise and therefore ultra vires the State's legislative competence under Articles 246(3) and 286(2) of the Constitution. …

Capt. V. Kumar filed a writ petition under Article 32 challenging the Lok Sabha’s voting on the impeachment motion against Justice V. Ramaswami. He alleged that his nine‑page communication to the Speaker was not circulated, that an oral whip to abstain was illegal, and that the Speaker should have compelled MPs to vote…

The landlord determined the contractual tenancy of his tenant in 1966 and later the tenant, now a statutory tenant, granted a licence to the respondent in 1972. The respondent claimed protection from eviction under Section 15A of the Bombay Rent Hotel and Lodging House Rates Control Act, 1947. The Supreme Court examine…

Maharashtra Tubes Ltd., a steel pipe manufacturer, ceased operations in 1986 and sought financial assistance from the Board for Industrial and Financial Reconstruction (BIFR) in 1988. The BIFR, after hearings, held that the company was not a "sick industrial company" under the Sick Industrial Companies (Special Provisi…

The Supreme Court examined whether an agreement dated 7 November 1966, entered into by the Executive Engineer (Canal Officer) of the Gujarat Irrigation Department with farmers, was binding on the State. The Court held that the agreement was a statutory compromise made under the Bombay Irrigation Act, 1879, and not a co…

The Official Trustee of Tamil Nadu, acting as trustee of a marriage hall trust, demolished the existing building and planned a new construction after an architect’s report recommended demolition, but without obtaining a fresh High Court order beyond the earlier sanction for roof conversion costing Rs 6 lakhs. The High …

The Bihar Government requisitioned the State Public Service Commission to fill vacant Unani Medical Officer posts and, in the absence of specific rules, directed that selection be made solely on interview. The Commission, following its long‑standing practice, allocated 50% of the total marks to academic performance and…

The respondent, S. Dharmalingam, served as an Investigator from 1956 to 1960 and was later appointed Labour Officer by direct recruitment in 1960, retiring in 1985. He claimed an addition to his qualifying service under Rule 30(1) of the Central Civil Services (Pension) Rules, 1972, which the authorities rejected, lead…

The Andhra Pradesh Entertainment Tax Officer appealed against a High Court order that struck down the retrospective operation of the Andhra Pradesh Entertainment Tax (Amendment) Act, 1985, which re‑imposed tax on the basis of gross collection capacity for the period 7 September 1984 to 24 October 1984. The State had, t…

The Employees' State Insurance Corporation (ESIC) issued a notification under Section 1(5) of the Employees' State Insurance Act, 1948 extending the Act to "shops" and claimed that advertising agencies and a steamship company fell within this category. The agencies contested, arguing that their activities did not const…

The appellants challenged the liability to pay stamp duty on a consent decree that transferred title to immovable property. The issue was whether such a decree qualifies as a "conveyance" under section 2(g) or an "instrument" under section 2(1) of the Bombay Stamps Act, 1958. The High Court’s single judge held it did n…

The petitioners challenged the validity of the Central Government's notification dated 24 February 1983 declaring seeds of food‑crops, fruits and vegetables as essential commodities under the Essential Commodities Act, 1955, and the consequent Seeds (Control) Order, 1983 which required licences for dealing in such seed…

Dr. H. Mukherjee and others challenged the decision of the Appointments Committee of the Cabinet (ACC) to reject the Union Public Service Commission’s (UPSC) recommendation for S.K. Bhargava as Chief Controller of Explosives. The ACC had relied on an adverse remark in Bhargava’s 1987 Confidential Report and on a CBI in…

The Government of Maharashtra issued a notification under section 13 of the Maharashtra Workmen's Minimum House‑Rent Allowance Act, 1983, exempting factories in certain zones from the Act's house‑rent allowance provisions for workers whose wages exceeded specified ceilings, thereby reducing the allowance below the stat…

M.S.P. Nadar Sons, a registered firm, sold shares in several companies during FY 1972‑73, realizing a gross long‑term capital gain of Rs 5,61,508 and a long‑term capital loss of Rs 96,583. The assessee computed assessable capital gains by first applying the standard deduction of Rs 5,000 and the 50% deduction under Sec…

The petitioners, manufacturers of handicrafts in Haryana, purchased raw material within the state and sold the finished goods to dealers in Delhi who exported them. They claimed exemption from purchase tax under Section 9 of the Haryana General Sales Tax Act, relying on the declaration form ST‑15. The Haryana Sales Tax…

Padmakar More died in a bus accident in 1978, and his father, widow, and minor daughter filed a claim for compensation under the Motor Vehicles Act. The Motor Accidents Claim Tribunal awarded Rs 26,000, fixing the family’s monthly dependency at Rs 150 based on an unsubstantiated claim that the deceased was a drunkard, …

The State of Haryana acquired land in Gurgaon for the National Security Guard at the request of the Union of India. Landowners filed reference petitions under Section 18 of the Land Acquisition Act, 1894 seeking higher compensation. The Union of India applied to be impleaded as a respondent, arguing that it was a "pers…

The appellant, Nathu Ram, was accused along with a private doctor of attempting to rape the daughter‑in‑law of the complainant while she lay unconscious in the doctor's clinic. The complainant (PW8) testified that the doctor was naked and the appellant was scantily dressed when he entered with hot water and attempted t…

Jagannath, acting as a clerk for Chunilal Sowcar, purchased property at a court auction on behalf of his master and later executed a registered release deed relinquishing all his rights to the property. Despite this, he filed a partition suit claiming ownership and obtained a preliminary decree, without disclosing the …

The plaintiffs, heirs of the deceased Gulaba Singh, sued Surjit Kaur for possession of his property, claiming they were the nearest heirs under a will. Surjit Kaur counter‑claimed that she was Gulaba Singh's legally wedded wife under a Karewa form of marriage and that they lived as husband and wife. The trial court and…

The petitioners, ship‑breakers, were directed by the Central Excise authorities to pay duty on ship scrap, which they contested as not being ‘manufacture’ under the Central Excises and Salt Act, 1944. The Gujarat High Court, in an interim order, allowed them to clear the scrap on payment of 25% of the duty, subject to …

The Supreme Court upheld the West Bengal Health Service Act, 1990 and the West Bengal Health Service Rules, 1993, rejecting challenges that the statutes were beyond the State's legislative competence and violated Articles 14 and 19(1)(g) of the Constitution. The Court held that the Act merely regulates conditions of se…

Deokabai, an elderly widow, entered into a written agreement to sell a portion of her house to Uttam, subject to obtaining permission from the competent authority and, thereafter, securing another suitable house before the sale deed could be executed. After permission was granted, Uttam demanded immediate execution of …

The appellants filed a suit for redemption of a mortgage dated 28 July 1916 that covered five plots (557, 558, 559, 564, 565). They sought redemption of two plots, 565 and 551, the latter not being part of the mortgage. The trial court dismissed the suit, the first appellate court decreed in favour of the appellants, b…

The case concerned a suit filed by Ramchandra Balwantrao Dubal (plaintiff) seeking redemption of a conditional mortgage dated 23 June 1952. The appellant, D.T. Kadam, claimed to be a tenant of the land under a lease dated 15 June 1949 and argued that he was dispossessed before 1 April 1957, thereby qualifying for the b…

The Union Territory of Chandigarh acquired 70.09 acres of land in Manimajra for setting up brick kilns under the Land Acquisition Act, 1894. The Collector fixed compensation at Rs.23,600 per acre for cultivated (Abi) land, Rs.17,000 for rain‑fed (Barani) land and Rs.12,000 for waste (ghair munkin) land, which the Civil…

Oswal Agro Mills Ltd. appealed against the classification of its "toilet soaps" as "other sorts" under tariff item 15(2) of the First Schedule of the Central Excise and Salt Act, 1944, which attracted a higher excise duty. The Assistant Collector had placed the soaps in the higher rate category, the Collector re‑classi…

Varkey Joseph, the youngest brother of the deceased Mathew, was convicted of murder under Section 302 IPC for killing his brother after a property dispute. The trial court and Kerala High Court upheld the conviction based largely on circumstantial evidence and testimony obtained through leading questions during chief e…

The Chakma refugees, who migrated from East Pakistan to Assam in 1964 and were later shifted to the North‑East Frontier Agency (now Arunachal Pradesh) in 1966, were allotted land under a government resettlement scheme but subsequently occupied land donated by a local Raja inside a protected inner‑line area. The State d…

The respondent, S.L. Abbas, a garden curator in the Botanical Survey of India, was transferred from Shillong to Pauri and challenged the order before the Central Administrative Tribunal (CAT), alleging that his wife’s posting, his children’s education, his health, and the non‑application of the Government of India Offi…

Bengal Iron Corporation, a manufacturer of cast‑iron pipes, man‑hole covers and similar items, claimed that its products fell under Item 2(i) of the Third Schedule of the Andhra Pradesh General Sales Tax Act, 1957, and were therefore liable to a single point tax of 4% only. The Commercial Tax Officer levied tax at the …

The Rajasthan Government issued a notification under the Rajasthan Land Acquisition Act, 1953 to acquire about 2,517 bighas of land for the Rajasthan Housing Board and, under Section 17(4), dispensed with the inquiry required by Section 5(A). The acquisition was challenged on the grounds that the land was not waste or …

A suit filed by 56 members of the public sought a declaration of a customary right to bury the dead on two parcels of land (R.S. Nos. 975/1 and 975/2) and a permanent injunction against 15 defendants, who were the brother‑owners and subsequent purchasers of the land. The trial court decreed in favour of the plaintiffs;…

The respondent, an Income Tax Officer, was charged under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 for completing nine tax assessments in an irregular, hasty manner allegedly to confer undue favour, thereby violating Rules 3(1)(i)-(iii) of the Central Civil Services (Conduct…

The first respondent, a defeated candidate, filed an election petition challenging the election of the appellant. The appellant filed a recrimination notice under Section 97 of the Representation of the People Act, 1951, but did so beyond the 14‑day period prescribed, and sought condonation of the delay under Section 5…

The appellants, who were temporarily appointed as Health Inspectors between 1958 and 1962, challenged the Andhra Pradesh Government's order that retrospectively regularised the services of temporary promotee Health Inspectors (respondents No. 4‑121) under Rule 37(e) of the Public Health Subordinate Service Rules. They …

The appellants, members of Scheduled Castes and Scheduled Tribes employed in the clerical cadre of Punjab National Bank, were selected as Management Trainees on the condition of two years of training and subsequent confirmation based on a bank test and examination. While they were on training, the bank revised its pay …

The State of Punjab appealed against a Punjab High Court order that admitted Renuka Singla to a vacant B.D.S. seat on "compassionate ground" and created an additional seat for Savita Gera, both claiming reservation for backward areas. Renuka had not claimed reservation in her original application and submitted the requ…

The Supreme Court dealt with a long‑running dispute concerning the absorption of about 5,000 stipendiary graduates employed under Karnataka's 1977 unemployment relief scheme into Group ‘C’ civil service posts. The Court had earlier ordered the State to fill 3,691 vacancies with these graduates and to create super‑numer…

M/s. Nagarmal Baijnath, a partnership firm, was dissolved on 2 December 1946 and its business was discontinued. Income‑tax and excess‑profits‑tax assessments for the years 1946‑47 and 1947‑48 were nonetheless made in the name of the firm after its dissolution. The assessee initially raised no objection, but later sough…

Hindustan Paper Corporation Ltd. entered into an agreement with the Kerala Government in 1974 that exempted its newsprint turnover from Kerala's sales tax for two years from the start of production. The company sold most of the newsprint in inter‑state trade and claimed a corresponding exemption from Central Sales Tax …

The Supreme Court examined the murder trial of Kundula Bala Subrahmanyam, who died from extensive burns after allegedly being set alight by her husband and mother‑in‑law over a dowry‑related dispute. The prosecution relied on a chain of circumstantial evidence: a clear motive (dowry and land registration), two oral dyi…

On 16 September 1980, a dispute arose after an alleged stone‑pelting incident, culminating in a confrontation where the appellant, A.M. Kunhiko ya, and four others attacked the deceased, Moideen Kutty. The appellant first struck the victim's hand and, during a struggle, thrust a dagger into the victim's chest, causing …

The appellants, promoters and directors of a public limited company, issued a prospectus inviting public subscription for shares, claimed that the application to list the shares on a stock exchange was rejected, yet retained the money collected from investors and transferred it to another company account. A complaint w…

The Monopolies and Restrictive Trade Practices (M.R.T.P.) Commission issued a notice alleging that Raymond Woollen Mills Ltd. engaged in resale price maintenance because its price lists did not state that dealers could charge lower prices. The Commission held that the price lists merely indicated rates per metre and la…

The Employees' State Insurance Corporation demanded contributions from several hotels for the period 1970‑1978, treating the hotels as factories under the Employees' State Insurance Act, 1948 because cooking in their kitchens was a manufacturing process. The hotels contended that only the kitchen should be deemed a fac…

Karamchand Premchand Pvt. Ltd. set aside Rs 4,50,000 as a provision for a possible tax liability under Section 23A of the Income‑Tax Act, 1922. The company later claimed that this amount was a reserve and should be included in its capital for the purposes of Rule 1 of the Second Schedule of the Super Profits Tax Act, 1…

The Andhra Pradesh State Electricity Board (APSEB) granted a 25% rebate on demand and energy charges to high‑tension industries, initially for three years from the date of regular production and later extended for two additional years by a government order dated 23 August 1985. The Board subsequently withdrew the conce…

Kamlesh Baboo and V.K. Bhardwaj, originally Section Officers in the Chandigarh Engineering Department, were promoted to Sub‑Divisional Engineer and later to Executive Engineer (Class I) with effect from 21 January 1986 after being selected by the committee prescribed under Rule 8 of the Punjab Service of Engineers (Cla…

Standard Triumph Motor Co. Ltd., a UK non‑resident, entered a 1939 collaboration agreement with an Indian company to receive a 5% royalty on sales. The Indian company credited the royalty in its books each year, but the royalty was only remitted to the UK in sterling. The assessee claimed that, because it maintained it…

A settlement deed gave a life estate in land to K and a vested remainder to the respondent. K alienated the land, prompting the respondent to sue K in the District Munsif Court, which decreed that K had no right to alienate and granted an injunction. The appellant, who later purchased the land from K, was not a party t…

The appellant was convicted of murder, theft of jewellery and concealment of evidence under IPC sections 302, 404 and 201. The prosecution relied on a series of circumstantial facts – the appellant’s presence with the victim, possession and disposal of the victim’s gold chain, ring and watch, the discovery of the body …

The All India Judges Association sought to improve the service conditions of subordinate judges, prompting the Supreme Court to issue directions on uniform hierarchy, qualifications, retirement age, pay, allowances, accommodation and training. The Union of India and several states challenged these directions, arguing t…

Ms. Lily Thomas, an advocate, filed a writ petition under Article 32 of the Constitution seeking a declaration that any member of the Lok Sabha who abstains from voting on a motion of impeachment of a Supreme Court judge should be deemed to have supported the motion, thereby satisfying the majority requirement of Artic…

The husband filed a petition for divorce on the ground of cruelty under Section 13(1)(a) of the Hindu Marriage Act. The Matrimonial Court dismissed the petition, but the Bombay High Court Division Bench granted a decree of divorce. The wife appealed to the Supreme Court, contending that the High Court erred in treating…

Varkey filed his income‑tax return on 16 April 1970. The Income‑Tax Officer (ITO) made an assessment on 27 March 1972, finding concealment of income amounting to less than Rs 25,000 and, on the same day, initiated penalty proceedings and later imposed a Rs 10,000 penalty. The Appellate Assistant Commissioner set aside …

Smt. Nilabati Behera filed a writ petition under Article 32 alleging that her son, Suman Behera, died in police custody due to injuries inflicted by police and that his body was later dumped on a railway track. The State of Orissa contended that the son escaped custody and was killed in a train accident, denying liabil…

The dispute concerned a 2000‑sq‑yard plot in Bombay whose title was claimed by the heirs of the original owner and by a private limited company that had purchased the shares of the heirs' company. After an eviction decree and a series of undertakings, the petitioners (Devida Yal Rolling Mills) claimed tenancy, while th…

M. Dayanand Reddy, a Class I contractor, entered into a contract with A.P. Industrial Infrastructure Corporation Ltd on 11‑December‑1986 for constructing a sewer line. When disputes arose, Reddy invoked an arbitration clause he claimed existed in Clause 3 of a copy of the agreement (Ex A‑3) that referenced the standard…

The appellant‑tenant Vipin Kumar was evicted under Section 13(2)(iii) of the East Punjab Urban Rent Restriction Act, 1949 for constructing a wall and door in the verandah of his demised shop without the landlord’s consent, which was held to have stopped the flow of light and air and thus materially impaired the buildin…

Six persons were tried for a violent assault on 24 December 1986 that resulted in the death of Suku. The trial court convicted all under various IPC sections, including murder (302) read with Section 149, and the High Court later acquitted two accused while confirming the others. On special leave, the Supreme Court was…

The appellant was initially appointed on a one‑year contract as Foreman in a state‑run Cycle Parts Factory in 1957, with his contract repeatedly extended. In 1960 he was appointed as Foreman Class‑II with retrospective seniority dated 4‑Jan‑1957, although the post became gazetted only in 1959 and the appointment was ba…

Saurashtra Cement and Chemical Industries Ltd, a cement manufacturer, held a mining lease for limestone and was required to pay royalty as per the Second Schedule of the Mines and Minerals (Regulation and Development) Act, 1957. The Central Government issued several notifications under Section 9(3) fixing and amending …

The State of West Bengal appealed the Calcutta High Court's acquittal of Orilal Jaiswal and his mother, Gujarati Debi, on charges of abetment of suicide (Sec. 306 IPC) and cruelty (Sec. 498A IPC). The Supreme Court examined whether the victim’s mother, brother and other close relatives provided sufficient evidence of c…

The Union Territory of Pondicherry auctioned arrack licences for the 1981‑82 excise year, but altered the rate of supply after the auction without notifying bidders. Licencees, who had paid deposits and begun business, claimed they were entitled to the previous year’s supply rate and that the altered rate made the cont…

Hindustan Petroleum Corporation (successor to ESSO) stored petroleum products in Okha Gram Panchayat and paid octroi on the portion consumed locally. The Panchayat claimed octroi on all goods imported, added excise duty to the valuation, and denied refund for goods exported after two months, arguing that Rule 32 create…

The appellant, a tenant, was required under Section 39 of the U.P. (Urban Building Regulation of Letting Rent and Eviction) Act, 1972 to deposit arrears, interest and costs within one month to avoid eviction. He deposited Rs 1,944 instead of the required Rs 2,048 due to a calculation error, leaving a shortfall of Rs 10…

The Supreme Court examined whether government servants in Karnataka who were promoted to higher posts during the period allowed for passing the Service and Kannada Language Examinations, but failed to pass those exams, could be reverted to their earlier posts. The Court held that Section 4 of the Karnataka Services Exa…

Panchu Gopal Bose entered into an arbitration agreement on 27 May 1978 to complete work within nine months. He claimed he sent bills on 12 July 1979 but received no payment, and only on 28 November 1989 did he issue a notice invoking arbitration. The respondent filed an arbitration suit under sections 5, 12 and 33 of t…

The Associated Cement Company (ACC) entered into a contract with a contractor for loading cement bags and reimbursing certain wage components. ACC paid the contractor as per the contract but did not deduct tax under Section 194C(1) of the Income Tax Act, 1961. The Income Tax Officer issued notices for non‑deduction of …

The petitioners, who were directly recruited as District and Sessions Judges (Second Grade) in 1981, claimed seniority over respondents 4‑16, who had been appointed temporarily in 1978/79 and made substantive in 1983 after promotion from the Subordinate judiciary. The dispute centered on the interpretation of the Andhr…

The National Federation of Blind filed a writ petition under Article 32 seeking a mandamus directing the Union of India and UPSC to allow blind and partially blind candidates to compete for the Indian Administrative Service and allied services and to write the civil services examination in Braille or with a scribe. The…

The petitioners, P.M. Bayas and the State of Maharashtra, challenged the Central Administrative Tribunal’s order quashing their selection to the Indian Administrative Service (IAS) under the special selection provisions of the IAS (Recruitment) Rules, 1954. The core issue was the interpretation of the phrases “in speci…

The appellants' predecessor was a usufructuary mortgagee of certain fields. After the redemption period expired, the respondents filed a suit for redemption, which the trial court decreed subject to payment of damages for improvements. The appellate court confirmed the redemption decree but set aside the damages. In a …

The appellant, B. Gajanan Kajrekar, retired after 23 years of service as Chief of Police in Dadra and Nagar Haveli, but was denied pension on the ground that he had never been substantively appointed to any post. He challenged the denial before the Central Administrative Tribunal, which held that he retired without hol…

Sardar Singh, his wife Saraswati and his brother's wife Savitri were charged with murder and with concealing evidence under Sections 302/34 and 201/34 of the IPC. The prosecution relied solely on circumstantial evidence: the deceased's illicit relationship with Saraswati and Savitri, the discovery of his body buried in…

Dwarka Prasad was convicted of murder under sections 302 and 307 IPC. The prosecution alleged that he and a co‑accused attacked the deceased and a witness with knives, motivated by a prior altercation, and that the FIR was lodged several hours after the incident. The accused claimed he was guarding his grandfather's fi…

The Central Government, relying on expert opinion, issued a notification on 3 November 1988 under Section 26A of the Drugs & Cosmetics Act, 1940, to prohibit the manufacture and sale of fixed‑dose combinations of corticosteroids with any other drug for internal use, citing public‑health risks in asthma treatment. Sever…

Maniyeri Madhavan, a journalist, alleged that Kerala police assaulted him and his newspaper office and sought an impartial investigation. The Kerala High Court directed a Deputy Inspector General to investigate, but the investigation stalled and the Supreme Court, exercising its Article 142 jurisdiction, ordered the CB…

The Supreme Court examined the validity of a series of notifications fixing the price of levy sugar under the Essential Commodities Act, 1955. Sugar manufacturers contended that the Government had not taken into account the four factors prescribed in Section 3(3C) – minimum cane price, manufacturing cost, taxes and a r…

G.R. Karthikeyan, an individual assessee, won Rs 22,000 as prize money in the All India Highway Motor Rally and the Income‑Tax Officer included it in his total income under the definition of "income" in Section 2(24) of the Income‑Tax Act, 1961. The Appellate Assistant Commissioner, the Tribunal and the Madras High Cou…

The appellant, who had appeared for the All India Post‑Graduate medical entrance examination of 1992, was not allotted any seat despite having higher marks than some candidates who were later admitted in Kerala. After the first, second and third admission lists were issued, the remaining vacant seats were surrendered t…

The State of West Bengal challenged the High Court’s view that auction sales of raiyati interests, made in execution of rent decrees under the Bengal Tenancy Act, could be treated as sales under the Code of Civil Procedure and thus be valid. The Assistant Settlement Officer had revised the record of rights, substitutin…

The assessee filed loss returns for assessment years 1950-51 to 1955-56 after the statutory period, and the Income‑Tax Officer (ITO) communicated that no cognizance could be taken. Later, the assessee claimed set‑off of those losses against income of 1960-61 and 1961-62, and the Income Tax Appellate Tribunal directed t…

R. Kirubakaran entered the Tamil Nadu police service in 1958 with his date of birth recorded as 9‑8‑1934, giving a superannuation date of 8‑8‑1992. In August 1991, about a year before retirement, he applied to have his date of birth altered to 9‑8‑1936. After an initial rejection, he approached the Tamil Nadu Administr…

The case concerned five engineering students who had secured admission in management‑quota seats of affiliated colleges of Punjab University and sought migration to Chandigarh Engineering College on security grounds. The principal of the transferee college initially refused, later consented on the condition that additi…

The Food Corporation of India and others (appellants) sued E. Kutiappan (respondent) under Section 20 of the Arbitration Act, 1940 for appointment of an arbitrator. Arbitrator B.S. Hegde made awards on 3 Oct 1988 and, at the respondent’s request, sent the award to the respondent’s counsel, who filed it in the Kerala Hi…

The respondents, students of the DHMS diploma course, failed several subjects, re‑appeared and eventually passed the first, second and third year examinations, but the Council of Homeopathic System of Medicine refused to allow them to sit the third‑year exam because they had not completed a full one‑year period of stud…

The State Bank of India sued Yumnam Gouramani Singh for recovery of a loan amount and the trial court decreed a partial sum of Rs.9,962.91 with interest. The High Court reversed this decision, holding that the bank's books of account were not corroborated by any other evidence and thus could not establish liability und…

The respondent, M/s Fusebase EltoTo Ltd., manufactured projection television sets consisting of a projection unit and a large screen, sold to institutions for large audiences. It claimed exemption from central excise duty under Notification No.68/86, which exempts broadcast television receiver sets. The revenue authori…

S.M. Sharma, a Sub‑Divisional Officer of the Haryana State Agricultural Marketing Board, was entrusted with the current duty charge of the post of Executive Engineer on 13 June 1991. On 6 January 1992 the Chief Administrator withdrew this charge and transferred Sharma, who then filed a writ petition under Article 226 c…

The appellant, a wife, complained that her husband subjected her to cruelty and later contracted a second marriage, invoking Sections 498A and 494 of the Indian Penal Code. The Andhra Pradesh High Court, applying Section 468 of the Criminal Procedure Code (CrPC), quashed the criminal proceedings on the ground that the …

The petitioners, Assistant Audit Officers (Group B Gazetted) employed by the Comptroller and Auditor General of India in the Railway Audit Department, claimed that they were denied railway passes, quarters and other facilities available to Group B railway officers, alleging discrimination in violation of Article 14 of …

The accused Jarnail Singh and his four sons were convicted of murder and rioting for killing Gurbux Singh and his brother Wasava Singh. The prosecution alleged a motive stemming from the suicide of the accused's son, who had been in love with the victims' daughter. The defence argued that there was no immediate motive …

The Supreme Court examined an election petition challenging the Lok Sabha election of Gadakh Yashwantrao Kankarrao from Ahmednagar on the ground that he had committed a corrupt practice under Section 123(4) of the Representation of the People Act, 1951. The petition alleged that Gadakh and the then Chief Minister Shara…

The husband, a Supreme Court advocate, filed a divorce petition on the ground of adultery, which the wife denied and countered by alleging his mental instability. He later amended the petition to include mental cruelty, relying on the wife's written statements that labeled him a lunatic and on aggressive cross‑examinat…

The case concerned a motion of no‑confidence against the President of the Nagar Palika, Sultanpur. The meeting was presided over by an Additional Civil Judge and the votes of seventeen members (including three nominated members who had not taken the oath of allegiance) were in favour, while the President voted against.…

Ms. Renu Mullick joined the Central Excise and Customs as a Lower Division Clerk in 1974, was promoted to Upper Division Clerk, and on her own request transferred to the Allahabad Collectorate in 1987 where she was placed at the bottom of the seniority list as per the 1980 executive instructions. In 1991 she was promot…

The plaintiff, a partner in a firm whose head office was in Bombay and factory in Mandsaur, filed a suit in the Chandigarh Court seeking dissolution of the partnership and rendition of accounts, alleging that the firm had a branch office in Chandigarh. The defendants contended that the Chandigarh Court lacked territori…

The Orissa Ministerial Service Rules, 1975 required recruitment of Lower Division Assistants through competitive exams, but many were appointed without complying with the rules and later regularised by government orders invoking Rule 14. The appellants challenged the regularisation and the seniority ranking that placed…

The Supreme Court examined the appointment of Dr. Shiva Jatan Thakur, a blind scholar, as the seventh non‑service member of the Bihar State Public Service Commission. The appellant challenged the appointment on two grounds: (i) that it violated the proviso to Article 316(1) of the Constitution, which requires that, as …

Ballarpur Paper and Straw Board Mills Ltd. hired foreign personnel, including Emil Webber, to set up a plant in India. Under the contract, the salaries were to be paid free of Indian tax, and Ballarpur paid the tax on Webber’s salary to the tax authorities. The Income Tax Officer treated the tax amount paid by Ballarpu…

The State Government, under the fourth proviso added to Section 9 of the United Provinces Municipalities Act, 1916, cancelled the nominations of two women members of the Shahjahanpur Municipal Board and appointed replacements, invoking a "pleasure" power. The former President of the Board and the ousted women members f…

The appellant, an Assistant Engineer in the Public Works Department, was deputed to the Bangalore City Corporation and later absorbed under the Karnataka Municipal Corporation Rules, 1977. The High Court struck down those rules and set aside his absorption. The State subsequently enacted the Karnataka Municipal Corpora…

The Supreme Court examined a batch of writ petitions challenging the applicability of the admission scheme laid down in J.P. Unnikrishnan v. State of Andhra Pradesh to minority educational institutions (MEIs). Petitioners, claiming minority status, argued that the 50% government‑filled and 50% management‑filled seat al…

The Federation of Directly Appointed Officers of Indian Railways filed writ petitions and civil appeals seeking equal seniority, pay and status for temporary Assistant Engineers who had been absorbed into the Indian Railway Service of Engineers (Class‑I). The respondents argued that the matter had already been decided …

The case arose from a long‑standing family enmity over a religious dispute. On 25 December 1975 the appellant, Mohd Aslam, armed with a double‑barrel gun, shot the complainant’s son‑in‑law Shamim Raza, who died on the spot, and Mohd Umar, who later died of his injuries. The Sessions Court acquitted the appellant, but t…

The deceased Chiranjilal Shrilal Goenka left a will appointing his younger daughter as executrix, which was contested by Radhey Shyam, who claimed to be an adopted son. The parties, along with another claimant, were brought before a Supreme Court order that appointed a retired Chief Justice as arbitrator to resolve the…

The appellant, Narpatchand, occupied a flat in a multi‑storeyed building. The building was mortgaged with possession to the respondents, who became usufructuary mortgagees and thus landlords under the Bombay Rents Hotel and Lodging House Rates Control Act, 1947. The respondents served a quit notice and sued for evictio…

The State Bank of India complained that D.S. Dalal and his partners, as advocates of Singh & Co., failed to file a recovery suit and misappropriated Rs. 11,475 paid for court fees and fees. The Bar Council of India, after hearing evidence that the suit filed on 15‑12‑1975 was returned by the Delhi High Court with objec…

The Food Corporation of India (FCI) entered into a storage agency agreement with Jagannath Dutta in 1967, which contained a clause allowing either party to terminate the contract with two months' notice without assigning a reason. In 1985, FCI decided, through a series of meetings and letters, to abolish private storag…

The petitioners were appointed as Assistant Divisional Medical Officers on an ad‑hoc basis by the Railways between 1968 and 1 October 1984. Their services were later regularised by two Supreme Court orders (24 September 1987 and 1 November 1988). They then sought fixation of their seniority relative to doctors recruite…

The appellant, Tej Narain Tiwary, was appointed as a Special Officer (Stores) on 16 August 1969, a temporary post that was later abolished. After obtaining an injunction against the abolition, a compromise led to his appointment as a Section Officer on 20 March 1972, with his pay protected, and the Board later regulari…

The State prosecuted Raghubir Singh, then aged about 16, for raping an 8‑year‑old girl. The victim, her father and sister testified, and a medical doctor confirmed injuries consistent with sexual intercourse. The trial court convicted the accused under S.376 IPC and sentenced him to five years' rigorous imprisonment. T…

The case concerned the seniority of a directly recruited officer (Prakash Chandra Misra) in the Orissa Forest Service Class II vis‑à‑vis promotees who were appointed during his training period. The petitioner argued that his seniority should be counted from the date of recruitment (1979) and that promotions exceeding t…

The petitioners, Sikh victims of the November 1984 riots, had received loans from nationalised banks that were promised to be converted into grants, but the banks later began recovery proceedings. They argued that the right to livelihood under Article 21 of the Constitution barred such recovery and sought inclusion of …

Advocate John D'Souza drafted a will for his mother‑in‑law, Mrs Mary Raymond, and kept the original in his safe custody after issuing a receipt. After the testatrix died, the new lawyer and later the respondent, Edward Ani (the son‑in‑law and executor), wrote letters demanding the return of the will, but D'Souza failed…

The Supreme Court examined appeals by Amrik Singh, Satnam Singh and Mohar Singh against convictions for murder and attempted murder arising from a 1976 shooting that killed Satveer and Lal Chand and injured others. The sole surviving eye‑witness, Trilok Kumar, who was critically injured, identified the accused and his …

The Committee of Management of Pachaiyappa's Trust (the appellant) challenged a lease of a 5.65‑ground plot vested in the Official Trustee of Madras that had been granted to a partnership (respondent No.2) for a 30‑year term. The High Court, exercising its supervisory jurisdiction under Section 25 of the Official Trust…

Renusagar Power Co. entered into a contract with General Electric for the supply of equipment for a power plant, which later gave rise to disputes and an ICC arbitration. The arbitral tribunal awarded US$12,215,622.14, including regular interest, delinquent interest, compensatory damages, and costs. Renusagar challenge…

The appellant, a tenant, had deposited rent exceeding the decretal amount before execution proceedings were initiated. The execution court, without serving any notice to the judgment debtor, sold his 550‑sq‑yard plot to the second respondent for Rs 1,05,000, despite the decree debt being only Rs 7,780.33 and the proper…

Ms. Sheela Barse, a social activist, filed a writ petition under Article 32 alleging that numerous children and adults in West Bengal were being committed to jails as “non‑criminal lunatics” without proper medical assessment, thereby depriving them of liberty and subjecting them to inadequate care. The State of West Be…

The petitioner, a Trained Graduate Teacher employed at the Rajasthan Atomic Power Project (RAPP) School since 1972, sought direction for her absorption by the Atomic Energy Education Society (AEE Society) after the school was transferred to that autonomous body. The Central Government had issued a letter on 27 July 198…

The dispute concerned the election of the managing committee of Shri Vathal Sakhar Sehakari Karkhana Ltd., a specified cooperative society whose term expired on 3 December 1991. The final list of voters was published on 17 December 1991, but the State Government postponed the election to 30 September 1992. Two members …

The Supreme Court examined two disputes concerning properties bought by the former ruler of Nabha, R.S., benami in the names of others. The first involved the Simla property (Sterling Castle) and the second the Delhi property (34 Alipur Road). The Court held that the rule of primogeniture, which applies to the rulershi…

Anil Phukan and his brothers were convicted under Sections 302 and 34 of the IPC for the murder of Trinayan Chandra Baruah, based primarily on the testimony of a single eye‑witness, the deceased's nephew. The Supreme Court examined whether a conviction can rest on such testimony without independent corroboration and wh…

The father of a minor leased his son's land to G. Annamalai Pillai for five years, a term that extended beyond the minor's attainment of majority, violating Section 8(2)(b) of the Hindu Minority and Guardianship Act, 1956. The minor, upon reaching majority, avoided the lease under Section 8(3), raising the question whe…

The case involved G.T.N. Textiles and other spinning mills that only packed cotton yarn in cone form because they lacked reeling machines. The Textile Commissioner, exercising powers under clause 16 of the Textile (Control) Order, 1986, issued a notification requiring every yarn producer to pack at least 50% of its out…

The Supreme Court examined several writ petitions filed by employees of the New Delhi Municipal Committee (NDMC) seeking the benefit of the Shiv Shankar Committee (SSC) pay‑scales on the ground of equal pay for equal work under Article 39(d) of the Constitution. The petitions concerned various categories – auto‑worksho…

Bihar Supply Syndicate bought salt from United Salt Works and arranged its shipment from Kandla to Calcutta via a chartered vessel. The cargo was insured for Rs 9.5 lakh under a marine policy with Institute Cargo Clauses (FPA) covering warehouse‑to‑warehouse risks. The vessel suffered engine trouble, was towed to Visha…

The appellant, a Central Government employee, was absorbed into the public sector undertaking Neyveli Lignite Corporation Ltd in 1964 after completing 15 years of pensionable service. The Government issued a 1967 Memorandum revising pension benefits for employees absorbed after 16 June 1967, denying those benefits to t…

Hindalco Industries Ltd. complained that the Indian Railways continued to levy freight charges based on an inflated distance of 714 km even after a new line reduced the actual distance to 568 km. The company filed a complaint under Section 36(b) of the Railways Act, 1989 seeking a declaration that the rates were unreas…

The respondents, owners of agricultural lands in Bijapur district, had leased the lands to M/s Sugarcane Products and Industries Ltd. for 30 years, a lease that expired on 31 March 1973 but the company continued to occupy the land. After the Karnataka Land Reforms Act, 1961 was amended in 1974, Section 79‑B prohibited …

The case involved an armed robbery and dacoity at night in a village where four persons were killed. Six accused were arrested after an encounter and, within 24 hours, a test identification was conducted before a Judicial Magistrate, resulting in eleven eyewitnesses positively identifying the appellants. The trial cour…

Bhalinder Singh was convicted of murder, kidnapping and abetment of suicide based solely on circumstantial evidence, including a claim that he was last seen with the deceased, the recovery of the victim's shoes, an extra‑judicial confession to the village sarpanch, and a false explanation to the victim's father. The Su…

Rameshwar Manjhi, a coal cutter, was injured at work and was denied light‑duty work, leading to his termination and compensation. He filed an individual industrial dispute under Section 2A of the Industrial Disputes Act, 1947, which was referred to the Central Government Industrial Tribunal. While the reference was pen…

The petitioners, holders of National Trade Certificates (NTC), claimed that the State of Rajasthan's recognition of NTC as equivalent to the Basic School Training Certificate (BSTC) entitled them to appointment as primary school teachers in Panchayat Samiti schools. The High Court had allowed this claim, invoking promi…

The Union of India sought to set aside an award that granted solatium (15%) and interest (6%) in a land acquisition case under the Requisitioning and Acquisition of Immovable Property Act, 1952. The land, requisitioned for defence, was initially compensated at Rs 10 per square yard; the Arbitrator raised it to Rs 15 an…

The Government of Orissa issued a resolution on 15 December 1986 revising the eligibility criteria for promotion to Deputy Director of Homeopathy, eliminating the requirement of a recognised qualification under the Homeopathy Central Council Act and excluding college lecturers from consideration, limiting eligibility t…

The appellants owned about 29 bighas of land in Meerut district that were notified for acquisition under the Land Acquisition Act, 1894 for a market. Because of urgency, the government invoked Section 17(1) and took possession before any award was made, also dispensing with Section 5‑A. The appellants later sought a ma…

Captain V. Kumar, an advocate, filed a public interest petition before the Supreme Court alleging the need to cleanse the judiciary and seeking suo motu contempt action against the Registry. The Court observed that the petition was drafted in undignified language, contained unwarranted adjectives, and the petitioner be…

The petitioner, Digvijay Mote, filed a public‑interest writ petition alleging that the electoral process in India was distorted, citing the absence of representation from Assam and Jammu & Kashmir in successive Lok Sabhas. He sought sweeping reliefs including staying the functioning of the existing Lok Sabha, restraini…

Kaka Joginder Singh alias Dharti Pakad challenged the election of K.R. Narayanan as Vice‑President of India, alleging (i) that the Returning Officer wrongly accepted Narayanan's nomination despite substantial defects, and (ii) that a whip issued by the Congress party amounted to undue influence under the Presidential a…

In 1991 an incident in Pilibhit, Uttar Pradesh, resulted in ten deaths and was reported as police‑militant encounters, prompting allegations of police involvement. A writ petition under Article 32 was filed seeking a CBI investigation, and the Supreme Court ordered the CBI to investigate, emphasizing public interest an…

I.T.C. Ltd, a cigarette manufacturer, paid excise duty based on the price to secondary wholesale dealers, a mistake of law later corrected by the Supreme Court's Valtas decision. It filed five refund applications; three were allowed, two were rejected as time‑barred, but the Delhi High Court set aside the limitation an…

The State of Andhra Pradesh, barred from direct recruitment by a 1970 ban, filled engineering vacancies by temporary appointments under Rule 10(a)(i)(1) and later regularised many of these employees through G.O. No. 647 (1979). Supervisors who obtained engineering degrees were redesignated as Junior Engineers and sough…

The appellants, employees of Air India, were dismissed after disciplinary proceedings and were paid one month's salary reduced by Rs.10-15 for tax deducted under the West Bengal State Tax Act, 1979. Air India sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act, 1947, which was rejecte…

The State of Maharashtra appealed against a Bombay High Court Single Judge's ex‑parte order that stayed a trial judge’s permission for Dr. Budhikot Subharao to travel abroad and awarded him Rs.25,000 compensation, alleging that the State had acted in mala fides and engaged in sharp practice. The Supreme Court examined …

The appellant State of Maharashtra sought to uphold the conviction of Dr. Budhikota Subharao, an ex‑Naval Captain who had voluntarily retired in 1987, for alleged violations of the Official Secrets Act, 1923 and the Atomic Energy Act, 1962. The accused was arrested in May 1988 and material seized from his possession wa…

The State of Maharashtra charged Dr. Budhikota Subharao with leaking atomic energy secrets under the Atomic Energy Act and the Official Secrets Act. He was discharged because the State failed to obtain the sanction required under Section 197 of the Criminal Procedure Code. The accused then applied to have the charge sh…

The appellant, a German tourist, was arrested in Goa with two cylindrical pieces of charas weighing 7 g and 5 g. Only the piece weighing less than 5 g was sent for chemical analysis, which confirmed it contained charas; the other piece was not tested. The trial court convicted him under Section 20(b)(ii) of the NDPS Ac…

The election of Mullapudi Venkata Krishna Rao to the Andhra Pradesh Legislative Assembly was challenged on the ground that he had used a poster depicting N.T. Rama Rao as Lord Krishna, together with a sloka from the Bhagavad Gita and a derogatory reference to the Congress party, thereby violating Section 123(3) of the …

The Haryana Public Service Commission (HPSC) issued a 1985 notification for recruitment of Assistant Executive Engineers (AEE) in all three wings of the Public Works Department, including the Irrigation branch, even though the State Government had not sent a requisition for the Irrigation vacancies. No candidates were …

The appellant, a tenant, occupied a residential‑shop premises originally at a rent of Rs 55 per month. After the landlord purchased the property, the rent was unilaterally raised to Rs 65 (the landlord later claimed Rs 70) without complying with the Bihar Building (Lease, Rent and Eviction) Control Act. The tenant paid…

The State of Gujarat had trifurcated its Electrical Engineering Branch into Junior Engineers and Supervisors and, by a 1975 resolution, introduced a quota rule fixing a 2:1 ratio for promotion to Deputy Engineer posts. The Gujarat High Court struck down this ratio as unjustified and issued a mandamus, prohibiting its e…

Neptune Paper Mills Ltd was wound up and its assets were sold as a going concern to Buxa Holdings Ltd. The sale notice allowed the balance price to be paid in instalments to be fixed by the court. The purchaser was awarded an instalment schedule that the secured creditors (Industrial Finance Corporation and others) cla…

The plaintiff (borrower) entered into contracts with suppliers for a 108 MW captive power plant and with a consortium of banks, including Svenska Handelsbanken, for financing. The plant was later found to have a capacity of only 60 MW, leading the plaintiff to allege fraud by the suppliers and the lender and to seek a …

Royal Hatcheries Pvt. Ltd. and other hatcheries sell day‑old chicks to poultry farms. The Andhra Pradesh sales‑tax authorities treated the chicks as general goods and levied tax on the sale under Section 5(1) of the Andhra Pradesh General Sales Tax Act, 1957. The hatcheries contended that the chicks fell within clause …

The Shri Yovan, India Cements Employees Union challenged the termination of about 300 contract workers employed through contractors of India Cements Ltd., arguing that they should be made permanent employees. After conciliation failed, the Tamil Nadu Government issued a notification under Section 10(1)(c) of the Indust…

Ms. Vineeta Mahajan appeared for a CBSE Class XII examination and was found by the invigilator in possession of three small pieces of paper in her pencil box. She claimed the papers were not used and that she had arrived late and forgotten to remove them. The CBSE Result Committee, invoking Rule 36.1(iv)(a) of its Exam…

The assessee, a cotton textile manufacturer, paid amounts to the Textile Commissioner under Clause 21‑C(1)(b) of the Cotton Textiles (Control) Order, 1948, in lieu of producing the minimum required cloth, and also paid a sum for non‑fulfilment of an export obligation under a bond. The assessee claimed these payments as…

Mala Singh, a long‑time tenant, occupied land owned by Kishan Dutt, a big land‑owner under the Punjab Security of Land Tenures Act, 1953. The land was declared surplus and later reserved as the tenant's permissible area, after which Kishan Dutt died and his heirs claimed to be small land‑owners. Mala Singh filed an app…

Wazira Singh died leaving three sons and two minor daughters. The daughters were given possession of 53 kanals 12 marlas of land until their marriage or death, and they remained in possession for over thirty years after marrying, while the sons never asserted any claim. The sons filed a suit in 1963 seeking declaration…

Jattu Ram exchanged his land with Hakam Singh, who later lost the exchanged land due to a defect in title and a court decree in favor of the minors of Kartar Kaur. To compensate, Hakam Singh gave Ram 47 kanals 1 marla of land and promised further compensation. Ram sued for a declaration that he held the land as a resul…

Navin Chemicals imported crude emetine under a duty‑exemption licence that required re‑export after processing. The goods were found to be emetine hydrochloride with impurities, leading the Additional Collector to confiscate them and offer a fine of Rs 10,000 for release. The company appealed to the Customs, Excise & G…

Several lawyers were appointed as Assistant District Government Counsel (Criminal) under Section 24 of the Criminal Procedure Code and the Legal Remembrancer Manual. As their terms were about to expire, the District Judge prepared a List ‘A’ recommending their extension, but the District Magistrate rejected the recomme…

The Supreme Court considered appeals and special leave petitions filed by several teachers' training institutes in Tamil Nadu claiming minority status under Article 30(1) of the Constitution. The State had refused to recognise them because they did not satisfy the conditions laid down in the Tamil Nadu Minority Schools…

The Railway Board invited tenders for cast steel bogies and three large manufacturers (H.D.C., Mukand and Bharatiya) quoted an identical low price, leading the Tender Committee to suspect a cartel and recommend a counter‑offer of Rs. 76,000 per bogie. Post‑tender, the three firms offered a further reduced price of Rs. …

The Supreme Court considered multiple writ petitions filed by industrial consumers, including Ferro Alloys Corp., challenging the terms of electricity supply imposed by various State Electricity Boards. The issues revolved around the validity of Section 49 of the Electricity (Supply) Act, 1948, the reasonableness of a …

The Jammu & Kashmir Public Service Commission prepared a select list of twenty candidates for the post of District Munsif under the 1967 Recruitment Rules. The State Government approved only the first thirteen names and appointed them, while refusing to approve the remaining seven despite petitions and a High Court ord…

The State of Uttar Pradesh filed a Special Leave Petition challenging a Allahabad High Court order that allowed Synthetics and Chemicals Ltd. to manufacture industrial alcohol without obtaining a PD‑2 licence and directed the State not to interfere, subject to preventing conversion of industrial alcohol into potable li…

Atia Mohammad Begum owned vacant land in Aligarh that was entered in revenue records as agricultural before the Urban Land (Ceiling and Regulation) Act, 1976 came into force on 17‑02‑1976. The competent authority declared the land to be in excess of the ceiling limit, but the District Judge reduced the excess area to 6…

The Employees' State Insurance Corporation (ESIC) assessed contribution from Hotel Kalpaka International for the period 11 July 1985 to 31 March 1988 under section 45‑A of the Employees' State Insurance Act, 1948. The hotel, which employed more than 20 workers and was covered by the Act, closed its business on 31 March…

The appellant, a retired engineer, claimed possession of an independent portion of a house that he and his son co‑owned. He filed criminal proceedings under Sections 107 and 145 of the Criminal Procedure Code and also a civil suit for an injunction. The Section 107 proceedings were dropped, and the Sub‑Divisional Magis…

The appellants, holders of inter‑state stage‑carriage permits between Karnataka and Tamil Nadu, had their permits cancelled after the Anekal Pocket Scheme of 1959 was notified under Section 68‑C of the Motor Vehicles Act, 1939, which excluded private operators from certain routes. They contended that the scheme, being …