Judgments of 1995

The Kerala Government established two self‑financing engineering colleges run by societies fully controlled by the State. The scheme fixed 75% open‑merit seats, 10% reserved for SC/ST at half fees, and 15% NRI quota, with a Rs.1 lakh refundable deposit (exempt for SC/ST) and a $5,000 non‑refundable NRI charge. The appe…

The Government of Andhra Pradesh introduced Rule 22‑A in its State Subordinate Service Rules, mandating that where men and women are equally suited and equally meritorious, at least 30% of the posts in each category of O.C., B.C., S.C. and S.T. must be filled by women. P.B. Vijayakumar challenged this provision as viol…

The West Bengal Factories Service comprised three categories of inspectors – general, chemical and medical – each with separate recruitment rules and pay scales. After the Bhopal disaster, the State created a chemical cadre with a lower pay scale and limited promotional prospects, prompting chemical inspectors to seek …

Lachhman Das, a landlord, filed an eviction suit against tenant Santokh Singh under the Haryana Urban (Control of Rent and Eviction) Act, 1973, alleging arrears of rent, tethering cattle, and abandonment of the premises. The Rent Controller found the landlord entitled to evict, noting the tenant had paid arrears, there…

During the severe drought of 1971‑72, the Maharashtra government undertook scarcity‑relief road works, taking land without compensation. In 1991, an agriculturist filed a writ petition under Article 226 seeking compensation, alleging a 20‑year delay (laches). The Bombay High Court dismissed the laches defence and grant…

The petitioners, contractors who had contracts with the State of Orissa, obtained arbitral awards from Special Arbitration Tribunals which were later made "Rules of Court" by civil courts. The State subsequently enacted the Arbitration (Orissa Second Amendment) Act, 1991, which retrospectively nullified those awards, e…

The petitioner, a judgment‑debtor, constructed shops on a suit property and let tenants occupy them while a suit for title and possession was pending. The trial court declared the respondent the owner and ordered the petitioner to hand over vacant possession; the decree became final. When the execution warrant was issu…

The 1987 Vile Parle Assembly election of Dr. Ramesh Yeshwant Prabhoo was challenged on the ground that his agent, Bal Thackeray, made speeches appealing to voters on the basis of Hindu religion and inciting communal feelings. The High Court held the speeches to be corrupt practices under Sections 123(3) and 123(3A) of …

Moreshwar Save was elected from the Aurangabad parliamentary constituency, but his election was set aside by the Bombay High Court on the ground that corrupt practices under Sections 123(3) and 123(3A) of the Representation of the People Act, 1951, were committed through speeches by Manohar Joshi and Bal Thackeray. The…

The appellant, ChandraKanta Goyal, a BJP candidate, was declared elected to the Maharashtra Legislative Assembly from Matunga in 1990. The respondent, S.S.J.S. Kohli of Janata Dal, filed an election petition alleging that the appellant committed corrupt practices under Sections 123(3) and 123(3A) of the Representation …

The respondents, Atchaiah and Kondal Reddy, bought land that was later acquired by the government and received compensation, part of which was treated as capital gain and taxed individually in assessment years 1965-66 and 1968-69. In 1972 the Income Tax Officer (ITO) issued a notice under s.148 alleging unassessed inco…

The petitioner sought anticipatory bail under Section 438 of the Code of Criminal Procedure, and the High Court granted an ad‑interim order valid until 26 September 1995, imposing a condition that he report daily to the police station. Upon expiry of that order, the High Court judge directed the petitioner to file a re…

Smt. P. Srideramma gifted Rs 90,000 to her minor son in FY 1956‑57, which was immediately used to buy a house that she employed for her mica‑mining business. Eight years later the house was sold, yielding a capital gain of Rs 58,000. The Assessing Officer included the gain in Srideramma’s total income under Section 64(…

The Supreme Court examined a partition suit between two branches of a Hindu family concerning self‑acquired agricultural lands left by a father (A) who died intestate without grandsons. The issue was whether the lands passed to his three sons as joint Hindu family property (joint tenancy) or as tenants‑in‑common by inh…

The petitioners, heirs of a common ancestor, claimed a one‑third share in land, relying on a 1973 declaratory decree that had been obtained on the basis of the defendant’s written admission of their title. The decree was never registered. The trial court held the decree illegal; the appellate courts dismissed the petit…

The Supreme Court examined the appeal of Karnel Singh, convicted under Section 376 IPC for raping a female labourer, Panchbai, at a factory on 28 August 1987. The prosecution presented the victim's testimony, medical evidence of semen stains on her petticoat and in her vagina, and noted the absence of physical injuries…

The State of Karnataka, under the Karnataka Acquisition of Land for Grant of House Sites Act, 1972, issued a notification under Section 3(1) announcing its intention to acquire land for house sites for the weaker sections. The land’s recorded owner was served notice, but the notification did not mention the name of the…

The case arose from a lease of land in Madurai on which a theatre was built. After a compromise decree in 1955, the defendants failed to remove the superstructure and the appellants sought execution. The defendants filed applications under the Madras City Tenants' Protection Act, 1921 for compensation, which were dismi…

The State of Punjab acquired 56 acres of land for a grain market. The Land Acquisition Officer initially fixed the market value at Rs 24,000 per acre for the first 22 karmas (belting) and Rs 20,000 per acre for the rest. The Additional District Judge and later the Punjab & Haryana High Court enhanced the belting value …

Dakshaben B. Patel appealed against the Administrator of the UT of Daman and Diu after the Central Administrative Tribunal extended her time by six months to obtain an M.Phil degree. She secured the degree within the extended period, and a notification dated 6 July 1992 confirmed her eligibility. The respondents had no…

Jinda Ram, a co‑sharer and tenant, filed a suit under Section 15(b) of the Punjab Pre‑emption Act, 1913 seeking to pre‑empt agricultural land that had been sold. The trial court recognized his co‑sharer status and granted partial relief, but the first appellate court dismissed the suit. The Punjab & Haryana High Court …

Videsh Sanchar Nigam Ltd. sued the foreign vessel M.V. Kapitan Kud for damage to an international submarine cable, alleging the ship’s anchor caused a break. The Bombay High Court arrested the vessel and later ordered its release on security, a decision appealed to the Supreme Court. The Court examined whether the appe…

The State of Uttar Pradesh entered into a construction contract with Ram Nath International for dam works, but design changes caused a substantial increase in the quantity of work. The contractor claimed a higher rate for the extra work, which the arbitrator accepted and awarded, also directing that work done after 30 …

The Bihar State Board of Homeopathy Medicine, constituted under the Bihar Development of Homeopathy System of Medicine Act, 1953, passed a resolution on 14 May 1988 abolishing eight Homeopathic Chikitsak posts, six of which were held by petitioners. The Patna High Court held that the Board was not duly constituted beca…

The petitioners, Hindu wives, challenged the validity of their husbands' second marriages after the husbands converted to Islam without dissolving the first Hindu marriage. The Court examined whether conversion to Islam permits a Hindu husband to contract a second marriage, whether such a marriage is valid under the Hi…

The State of Madhya Pradesh appealed against a Madhya Pradesh High Court judgment that had held the electricity duty payable by Mis. Birla Jute Manufacturing Co. Ltd. for power consumed at its limestone mine premises should be calculated at the lower rate under Item (2) of the Table to Section 3 of the Madhya Pradesh E…

The Supreme Court, acting suo motu, examined a contempt petition filed by T.M.A. PAI FOUNDATION after discovering that the Government of Maharashtra had issued rules reserving fifteen percent of seats in medical, dental and engineering colleges for NRIs/foreign students, contrary to its earlier orders of 5 April 1994 a…

The State of Jammu & Kashmir prosecuted Sudershan Chakkar and others, alleging criminal conspiracy and misappropriation of foodgrains and empty bags worth Rs. 3,22,119.36, involving forged documents. The trial judge discharged two respondents, holding that the evidence showed only negligence, not a conspiratorial desig…

The teachers of recognised private aided schools in Himachal Pradesh filed a writ petition seeking salary parity with government school teachers and a 95% grant‑in‑aid for their schools. The State argued that its financial capacity did not permit such disbursement and relied on a statutory maximum limit on the grant. T…

The Supreme Court entertained a habeas corpus petition filed by the relatives of seven men who were allegedly abducted by a Punjab police party led by a Deputy Superintendent of Police on suspicion of involvement in a militant kidnapping. The Court ordered a CBI inquiry, which concluded that the victims were unlawfully…

Vidya Devi, a co‑bhumidhar of a Delhi landholding, filed a partition suit under Section 55(1) of the Delhi Land Reforms Act, 1954. Prem Prakash, another co‑bhumidhar, defended the suit by claiming exclusive title over the whole land by adverse possession since 1953‑54 and asked that the question of title be referred to…

The appellant, Mis. Ramnarayan Satyanarayan Agrawal Distilleries Pvt. Ltd., employed only 22 workers and sought to manufacture potable alcohol under a state‑granted permission. Respondents, Associated Alcohols & Breweries Ltd. and others, challenged the appellant's tender, arguing that only a licence from the Central G…

The appellants, K. Posayya and others, owned 163.80 acres of rain‑fed agricultural land acquired under the Land Acquisition Act, 1894 for the Vengalrayasagar project. The initial award fixed compensation at Rs 400 per acre; the Subordinate Judge enhanced it to Rs 22,000 per acre, but the Andhra Pradesh High Court reduc…

The Life Insurance Corporation (LIC) introduced a low‑premium term insurance policy (Table 58) but limited its availability to persons employed in government, semi‑government or reputed commercial firms. Several applicants were denied coverage and challenged the restriction as arbitrary and violative of Articles 14, 19…

The appellant challenged a decree confirming a lower court's finding that a 1967 will was not validly executed. The Punjab & Haryana High Court Division Bench was split, with one judge holding the will proved and the other holding it not proved; no majority opinion existed. The Supreme Court examined whether, under Sec…

The Supreme Court heard an appeal against the Patna High Court's dismissal of a writ petition concerning the allotment of 'Chaks' in consolidation proceedings, a matter that did not raise any question of title. The Court set aside the High Court order not because of the merits of the dispute but because the bench that …

Senior advocate V.C. Mishra, also Chairman of the Bar Council of India, was alleged to have shouted, threatened and insulted a judge of the Allahabad High Court during a hearing, prompting the judge to write a letter that led the Supreme Court to initiate suo motu contempt proceedings. Mishra contested the jurisdiction…

Hindustan Steel Works Construction Ltd., a wholly government‑owned construction company, completed a project at Hyderabad employing 230 workmen. After the project ended, 130 workers were transferred to its Visakhapatnam unit while 100 were retrenched. The Industrial Tribunal held that the Hyderabad unit was part of a s…

Amrit Banaspati Co. Ltd., a vanaspati manufacturer in Uttar Pradesh, transports its products into Delhi where the Delhi Municipal Corporation Act, 1957 imposes a terminal tax under Section 178 on all goods brought from outside the Union Territory. The company challenged the tax as a direct and immediate restriction on …

The petitioners, who belong to the general category, challenged the Punjab Government's reservation policy for promotions in the Punjab Service of Engineers, arguing that the roster system and the percentage of reserved posts should cease once the prescribed quota was met and that backward‑class candidates already prom…

Ayub Khan purchased a family property from Gopal Krishan Chawla, the Karta of a Hindu joint family, after obtaining a decree for specific performance. The Karta's children, including his daughters Meeka and Madhu, and the tenants of the property filed suits claiming pre-emption under the Punjab Pre-emption Act, 1913. T…

The Supreme Court examined the recruitment process of the State Bank of India and other nationalised banks, where the Banking Service Recruitment Board prepared a select list containing far more candidates than the vacancies notified. The petitioners argued that this practice violated their constitutional right to cons…

The State of Maharashtra sought to acquire about five acres of land for staff quarters, publishing a notification under Section 4(1) of the Land Acquisition Act on 11 September 1970, a declaration under Section 6 on 29 July 1971 and making the award on 15 September 1971. Before the notification, respondents 1‑3 had bou…

Vasanthan Foundry, a manufacturer of rough cast iron castings, challenged a Tamil Nadu Government circular dated 14 September 1993 that re‑characterised such castings as distinct from "cast iron" and thus not "declared goods" under the Tamil Nadu General Sales Tax Act, 1959, leading to higher tax assessments. The appel…

The State of Punjab prosecuted Surja Ram and his son Mohan Lal for the murders of Tulsa Ram and his son Brij Lal, arising from a family partition dispute over crop shares. The trial court convicted the two accused of the murder of Tulsa Ram under s.302 read with s.34 IPC, relying on the eye‑witness testimony of Kamla D…

The Army Welfare Housing Organisation (AWHO) was tasked with constructing 422 flats in Som Vihar, New Delhi, and invited applications from serving and retired army officers in 1979. Four senior officers – Brig. D.K. Jetley, Col. Dahiya, Col. Gupta and Col. Khandpur – each claimed entitlement to two of the flats, relyin…

The deceased Nathu Banjara was brought to Rampura police station as a murder suspect, beaten and tortured by Sub‑Inspector Shyamsunder Trivedi, Head Constable Rajaram and Constable Ganniuddin, and died in custody. The police attempted to conceal the death by preparing false death reports and panchnamas and seeking crem…

The Supreme Court considered appeals by the Central Bank of India, acting as a tenant, against the Commissioner of the Ahmedabad Municipal Corporation concerning property tax assessments. The issues were whether a tenant has the standing to file a complaint and appeal under the Bombay Provincial Municipal Corporation A…

The appellant, a Scheduled Tribe (ST) officer in Central Water Engineering, was eligible for promotion to Deputy Director/Executive Engineer and was placed at No. 26 in a combined select list prepared by the Departmental Promotion Committee. Only 22 promotion vacancies materialised, and the first 22 names on the combin…

Dr. Ajay Singh Rawat, a member of the Nainital Bachao Samiti, filed a writ petition under Article 32 of the Constitution seeking directions to curb severe environmental degradation in Nainital caused by water, air, noise and other forms of pollution. The Supreme Court appointed a commissioner to investigate issues such…

Shri K. Kumar died in a bus accident in 1990. The Consumer Protection Council, Tamil Nadu, filed a claim before the National Consumer Disputes Redressal Commission (NCDRC) on behalf of his legal representatives, seeking compensation. The NCDRC awarded Rs. 5.10 lakh without addressing the question of its jurisdiction. T…

The Central Excise Authorities issued a show‑cause notice on 28 December 1983 alleging that Natwar Textile Processors had removed cotton fabrics worth Rs 62 crore without paying excise duty. The appellant repeatedly challenged the notice through writ petitions, Special Leave Petitions and appeals, many of which were wi…

The Supreme Court considered an appeal by U.P. Jal Nigam challenging the contention of several applicants that the selection committee it constituted to interview candidates for recruitment under the Service of Engineers (Public Health Branch) Regulations, 1977 was not authorized. The applicants argued that Rule 16 of …

S.P. Goel applied to register a will, but the Sub‑Registrar impounded it, deeming it a deed of conveyance that was not duly stamped. The Collector of Stamps required additional documents and payment of stamp duty before registration could proceed. Goel filed a complaint under the Consumer Protection Act, 1986, alleging…

S.S. Shrivastava, a member of the Indian Audit and Accounts Service, was convicted under the Prevention of Corruption Act, 1972, but died while his appeal was pending. The High Court set aside the conviction, and his wife, as his legal heir, claimed retrospective promotion and related monetary benefits that would have …

The Puri Municipal Council imposed octroi tax on marine fish and prawns found in the possession of non‑fishermen within the municipal limits without payment of the entry tax. Indian Tobacco Co. Ltd. challenged the levy, and the Orissa High Court dismissed the municipality's claim. On appeal, the Supreme Court examined …

The Supreme Court sentenced a State Government officer, J. Vasudevan, to one month’s simple imprisonment for wilful disobedience of its order. The officer applied for remission of the sentence invoking the Court’s mercy jurisdiction, while a colleague had approached one of the judges to seek mercy for Vasudevan, an act…

The State of Bihar appealed against Tata Engineering & Loco Co. Ltd. and another party concerning the grant of a mining lease that had already expired. The appeal arose after a related civil appeal (No. 3996/87) was withdrawn, raising the question of whether the High Court's earlier judgment should bind the State in fu…

The respondent, Ajoy Kumar Patnaik, a Collector of Customs (Appeals), was compulsorily retired under Fundamental Rule 56(j) on the ground of "doubtful integrity" after a screening committee cited his misclassification of tariff items and disposal of appeals contrary to import policy, which allegedly benefitted dealers.…

The dispute concerned lands that were originally used for common purposes, later recorded as shamilat deh and vested in a Gram Panchayat under Section 3(a) of the Punjab Village Common Land (Regulation) Act, 1953. After mutation under the Haryana Municipal Common Land (Regulation) Act, 1974 (later declared void), the f…

The petitioners sought a further increase in compensation for land acquired under a 1964 notification of the Land Acquisition Act, 1894, arguing that higher awards in adjacent villages and a later award of Rs. 68,000 per bigha should apply. The Supreme Court examined whether a circular issued under Section 48 of the St…

The appellant, a former army officer commissioned in 1974 and released in 1979, was appointed as Deputy Collector in 1979 and sought seniority from his commission date under Rule 5 of the Uttar Pradesh Non‑Technical (Class II) Services (Reservation of Vacancies for Demobilised Officers) Rules, 1980. The State argued th…

Mohan Singh was arrested at Rewari railway station for allegedly possessing an unlicensed revolver. He was convicted by a Designated Court under Section 5 of the Terrorist & Disruptive Activities (Prevention) Act, 1985 read with Section 25 of the Arms Act, 1959, and sentenced to five years' rigorous imprisonment. On ap…

In December 1992 the State of Haryana conducted an examination for Road Inspectors, declaring two candidates selected on 1 January 1993. Subsequently, on 16 July 1993, fourteen additional candidates were appointed by promotion, allegedly without any selection process and possibly involving bribes. The appellant, who ha…

The respondent, the original inamdar of a minor inam, sued his tenant (the appellant) for possession of the land. While the suit was pending, the Assistant Settlement Officer, under the Madras Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, granted a joint ryotwari patta: a ground‑rent patta for the bui…

The appellants sought possession of land occupied by the respondents, who claimed status as protected tenants under the Bombay Tenancy Act, 1939. The dispute turned on whether tenants residing in areas covered by clause (c) of section 88(1) of the Bombay Tenancy and Agricultural Lands Act, 1948 retained that protected …

The Secretary of the Dakshina Kannada Agricultural Produce Marketing Committee filed a criminal complaint against two respondents for alleged violations of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, without any resolution or authorization from the Committee. The trial court dismissed the compl…

Major General IPS Dewan challenged his non‑selection for promotion to Lt General, alleging that adverse remarks recorded by the Chief of the Army Staff were void because they amounted to "severe displeasure" and required a show‑cause notice, and that his statutory complaint against those remarks should have been decide…

The Supreme Court examined a seniority dispute in the Maharashtra Forest Service between directly recruited Assistant Conservators of Forests and those promoted (promotees). The State Administrative Tribunal had directed that inter‑seniority be determined according to the service rule’s 1:1 quota between direct recruit…

Gulzar Singh was granted 25 kanals 4 marlas of Nazool land by the Collector, Ludhiana, on 17 June 1968 subject to paying Rs.1,520 as redemption of a possessory mortgage. He paid the amount on 30 June 1968 and took possession, but the Collector cancelled the grant on 13 September 1968, claiming that the mortgagees had e…

The Indore Development Authority (IDA) advertised LIG and MIG flats on a hire‑purchase basis, stating only an estimated price that would be finalized at allotment. Over several years the Authority raised the price from the original estimates of Rs 45,000 (LIG) and Rs 70,000 (MIG) to Rs 60,000 and Rs 95,000, and later t…

The Board of Industrial and Financial Reconstruction (BIFR) approved a merger scheme to revive Flowmore Polyester Ltd., a sick company, by merging it with SRF Ltd. Garware Plastics and Polymers Ltd., which had earlier submitted a stand‑alone revival proposal that was rejected, claimed to be an "interested person" and s…

The appellants, heirs of Somabhai Kanjibhai Baria, were tenants of watan lands that were abolished by the Gujarat Watans Abolition Act, 1961 and later re‑granted to the respondent in 1966. The tenancy was terminated on 31 March 1961 and a suit for possession was filed on 14 August 1962. The civil court, relying on Sect…

In a partition suit, the defendant (appellant) produced a registered will executed by his mother that left the entire estate to him. The trial court rejected the will, finding suspicious circumstances, while the subordinate judge upheld its validity, relying on the registrar's endorsement as proof of the testator's sou…

Mela Ram died leaving his mother Radha in possession of his property. Radha, a life‑tenant, later gifted and bequeathed portions of the property to her grandson Shiv Dass. The other daughter, Devki, challenged these alienations, claiming that she and her sister Durga were the reversionary heirs entitled to equal halves…

The Election Commission of India sought to requisition a large number of officers and staff of the State Bank of India for election duties under Article 324(6) of the Constitution. The State Bank Staff Association challenged the requisition, arguing that the Commission had no power under Section 26 of the Representatio…

The petitioners challenged the acquisition of their land by a Gram Panchayat for a school, arguing that the Land Acquisition Officer (LAO) had lost jurisdiction after initially dropping the proceedings due to the Panchayat’s lack of funds. The Supreme Court held that the LAO retained power to reopen the inquiry and mak…

The State of Haryana issued a notification under Section 4(1) of the Land Acquisition Act, 1894 on 22 January 1981 and the Collector made an award on 19 April 1984, dispensing with the enquiry required by Section 5‑A by invoking Section 17(4). The landowners filed a writ petition on 13 May 1985 challenging the notifica…

Sakti, through its director, issued a show‑cause notice to employee R.K. Ragala. Before the notice could be acted upon, Ragala retired from service. The Andhra Pradesh High Court quashed the notice, although it interfered at the notice stage. The appellant filed a special leave appeal before the Supreme Court. The Cour…

The appellants were charged with violations of the Foreign Exchange Regulation Act, 1947 and the Indian Penal Code section 120‑B. A complaint was filed under the corresponding provisions of the Foreign Exchange Regulation Act, 1973. The trial court dismissed the complaint, holding that the 1947 and 1973 Acts were incon…

Ramjit Upadhaya, a convict serving a sentence under Section 302 IPC in Central Jail, Varanasi, was killed by a co‑accused inmate. His wife and three children filed a writ petition under Article 32 seeking compensation, arguing that the State failed to protect his life while in custody. The State contended that the Utta…

The State of Uttar Pradesh, through the Director of Education, issued a show‑cause notice to the Committee of Management of S.K.M. Inter College under Section 16‑D(2) and (3) of the U.P. Intermediate Education Act, 1921, alleging mismanagement, misappropriation of funds and other irregularities. The Committee's explana…

Canara Bank appealed a decision of the Company Law Board (CLB) that had refused to register bonds purchased from Nuclear Power Corporation of India Ltd. The CLB had been hearing the bank's application under Section 111 of the Companies Act when the Special Court (Trial of Offences Relating to Transactions in Securities…

The appellant, U.P. Avas Evam Vikas Parishad, challenged the High Court's order quashing a land acquisition notification issued under the Land Acquisition Act, 1894. The respondent, Smt. Pushpa Lata Awasthi, had purchased the land from the original owner, Chotelal, after the notification was served but before any objec…

The appellant, an Assistant Sub‑Inspector of Police, was accused of delays in dispatching communications and of failing to keep a copy of the Superintendent’s leave application on record. After being threatened and warned by the Superintendent, he tendered his resignation on 3 January 1991. He withdrew the resignation …

The case arose from a foreclosure suit where a court‑appointed receiver sold the mortgaged property to the appellant, Nani Gopal Paul, for Rs 60 lakhs, of which only Rs 5 lakhs was deposited. The sale was confirmed by a single High Court judge despite the existence of higher offers and without proper scrutiny. Responde…

New India Assurance Co. issued a comprehensive insurance policy for a bus owned by respondent No.4. The bus was involved in an accident caused by the negligent driving of respondent No.5, resulting in the death of a passenger, Laxman Singh, who was riding on the roof with the driver’s permission. The legal heirs claime…

The Supreme Court examined the Election Commission's directives that empowered district collectors and police to determine a person's citizenship and delete alleged foreign nationals from electoral rolls. Petitioners challenged the procedure, arguing that notices relied solely on police reports, limited the documents t…

Dr. Pyari Mohan Misra was appointed Director of Fisheries in Orissa on an ad‑hoc basis on 12 August 1971 and was directed to continue temporarily until further orders on 22 July 1972. The State Government later decided to fill the post with an IAS officer and, by notification on 18 March 1977, reverted Misra to the pos…

The petitioner, Nova Steel (India) Ltd., negotiated to supply 3,000 metric tonnes of tor steel to the respondents and received their acceptance. Despite the acceptance, the petitioner failed to execute the contract or commence supply. The respondents issued a show‑cause notice on March 19, 1993, and, after receiving no…

R.D. Hattangadi, a practising advocate, was severely injured in a head‑on collision between a car owned by Mis. Pest Control (India) Pvt. Ltd. and a motor lorry, resulting in 100% disability and paraplegia. He filed a claim under Section 110‑A of the Motor Vehicles Act, 1939 seeking compensation for medical expenses, l…

The father of the appellant and the first respondent died in 1956, leaving a joint Hindu family where the Patel watan lands were impartible and governed by primogeniture. The Maharashtra Revenue Patels (Abolition of Office) Act, 1962 abolished the Patel watan and, under s.5, the eldest son Balwant obtained a re‑grant o…

The appellant, a landlord of a non‑residential shop, sought to evict his tenant on the ground of bona‑fide personal use, a right that had been removed by the East Punjab Urban Rent Restriction (Amendment) Act, 1956. He challenged the amendment as violative of Article 14 of the Constitution, arguing that the classificat…

Khoday Distilleries Ltd. and others filed a writ petition under Article 32 of the Constitution seeking reconsideration of a Supreme Court judgment that had become final after the dismissal of appeals and review petitions. They contended that the civil appeals were decided on merits without a proper hearing, violating n…

Santush Kumar Nayak was admitted with severe burns and, on his deathbed, gave a dying declaration to Dr. P.K. Sahu that his brother‑in‑law Bansidhar Singh had poured kerosene on him. The police initially registered a case under Section 309 IPC (attempted suicide) based on an FIR from the respondent's son, but after the…

The Supreme Court considered three appeals challenging decisions of the Central Administrative Tribunal (CAT) on whether an employee transferred on compassionate grounds, and placed at the bottom of the seniority list in the new unit, could have his service in the former unit counted as experience for promotion in the …

The appellant, a senior Assistant Engineer in the Uttar Pradesh Public Works Department, was promoted ad‑hoc to Executive Engineer on 12 July 1979 and regularised on 30 June 1980. He filed a writ petition on 29 September 1980 challenging the seniority list of Assistant Engineers. The Allahabad High Court held that any …

The appellant, a tenant, was ordered to be evicted under Section 8 of the Pepsu Tenancy and Agricultural Lands Act (Second Amendment) 1956 after the three‑year minimum tenancy period expired. The lower tribunals held that expiry alone gave the landlord a right to eject. The Supreme Court examined whether Section 8 conf…

The Supreme Court entertained a writ petition filed by Ms. Sheela Barse, later substituted by the Supreme Court Legal Aid Committee, highlighting the deplorable conditions in which mentally ill women and children were detained in jails. The Court appointed Commissioners to investigate and issued several orders to impro…

The appellants, Junior Engineers (Civil) in the Telecommunication Department, passed the departmental qualifying examination for promotion to Assistant Engineer (Civil) and were placed at lower seniority positions in the list prepared by the department. They challenged the seniority list before the Central Administrati…

The Union filed a contempt petition alleging that the Tamil Nadu Electricity Board (the Board) had willfully failed to implement the Khalid Commission's recommendation to absorb 18,006 contract workers within the prescribed schedule. The Board sought an extension, proposing phased absorption of 436 workers by 30‑Sept‑1…

The Collector of Customs appealed against the CEGAT order that had accepted the importer’s declared price for zip rolls as the transaction value despite the importer’s forged certificate of North Korean origin. The Supreme Court held that Rules 3 and 4 of the Customs Valuation Rules presume a genuine transaction value …

Shahabuddin Shaikh was convicted under IPC Section 302 read with Section 34 and TADA Section 3 for the murder of Manoharbhai, based solely on the testimony of the victim's brother (PW‑2). PW‑2 gave materially contradictory statements about the place from which he observed the incident, the role of the accused, and the …

M/s United Glass, a bottling unit of the Khoday Group, filed price lists for various bottle types that were deemed far below cost. The excise authorities re‑determined the values under Rule 7 of the Central Excise (Valuation) Rules, 1975, after finding the appellant’s prices unacceptable. The Collector (Appeals) allowe…

The appellant, Harish Tandon, sought eviction of tenants occupying a shop in Allahabad after the original tenant died and his heirs continued the business. The heirs admitted the original tenant's son‑in‑law as a partner in the firm, which the landlord claimed created a deemed vacancy and deemed sub‑letting under the U…

The State acquired certain agricultural land of the respondent under Section 4(1) of the Land Acquisition Act, 1894 in 1983 and made an award in 1987. The reference court fixed compensation based on the land's yield, applying a multiplier of 16, which the Orissa High Court affirmed. The State appealed, arguing that old…

The Union of India acquired about 1230.8 acres of land in Bhatinda, Punjab under Section 8 of the Requisitioning and Acquisition of Immovable Property Act, 1952 for defence purposes, and an arbitrator determined compensation in an award dated 19 January 1985. The landowners filed a writ petition in the Punjab & Haryana…

Gujarat Bottling Co. Ltd (GBC) entered into a 1993 licence agreement with Coca Cola to bottle and distribute beverages under several trade marks, which included a negative covenant prohibiting GBC from dealing in competing products during the agreement's term. A subsequent 1994 agreement, intended to register GBC as a …

The appellant, a District Primary Education Officer, appealed against a Gujarat High Court order that had directed the grant of aid for a clerk and a peon to a trust running a single primary school. The trust claimed that under Rule 115(3) of the Bombay Primary Education Act, 1949, institutions operating more than one …

In Village Sakhni, Uttar Pradesh, a factional clash erupted during a funeral procession, resulting in the death of ten members of the prosecution party. The accused, led by Shamshul Kanwar, were found to have entered the scene armed and fired indiscriminately, constituting an unlawful assembly under Sections 302 and 14…

B.P.L. Pharmaceuticals Ltd. manufactured a Selenium Sulfide Lotion (branded Selsun) containing 2.5% selenium sulfide, used for treating seborrhoeic dermatitis and tinea versicolor. The product was certified as a drug by the FDA, labelled with warnings, and marketed through chemists on prescription. While earlier excise…

In 1987 the Railway Recruitment Board, Madras advertised about 500 non‑technical posts and conducted written exams. After the results, a second written exam was ordered, which was later quashed by the Madras High Court. The Supreme Court directed the Board to appoint the 775 candidates selected in 1987 within two weeks…

M/s. Sahney Paris Ltd. manufactured self‑starter motors for motor vehicles and submitted a classification list placing them under Tariff Item 68 of the Central Excise Tariff. The Assistant Collector and subsequent authorities re‑classified the items under Tariff Item 30, treating them as electric motors, and levied exc…

Laxmi Engineering Works, a small‑scale proprietary concern, bought a CNC universal turning machine from P.S.G. Industrial Institute and alleged it was defective, claiming Rs. 4 lakhs. The Maharashtra Consumer Disputes Redressal Commission allowed part of the claim, but the National Consumer Commission set it aside, hol…

Eleven accused were tried before the Special Court, Ferozepur for murder and related offences under the IPC and Arms Act. The trial court convicted some and acquitted others but its judgment contained only conclusions without any discussion of evidence or reasons. Appeals were filed under Section 14 of the Terrorist Af…

The dispute concerned a marble mining lease in Rajasthan where an earlier lease granted to Babula Modi was deemed revoked for failure to execute the formal lease deed within three months. Respondent No.5 applied for the same area on 20 October 1982 and again on 19 January 1983, both of which were rejected as premature.…

The wife appealed to the Supreme Court under Section 13‑B of the Hindu Marriage Act, seeking a decree of divorce by mutual consent and alimony. The parties, at the Court's suggestion, agreed that the husband would pay the wife Rs 700 per month starting 1 November 1995, with payment due by the 5th of each month. The Cou…

The Special Land Acquisition Officer appealed against the Karnataka High Court’s modification of the compensation awarded to the petitioners for acquired land. The High Court reduced the compensation per acre but the Supreme Court affirmed the award and further granted enhanced solatium at 15% and interest at 6% on the…

Harbans Singh, who joined the Punjab Department of Legal and Legislative Affairs as a clerk in 1965 and was promoted to Assistant in 1974, claimed promotion to Legal Assistant on the basis of seniority when a vacancy arose in 1977. Ajit Lal Arora, the third respondent, was appointed to the same post on May 20, 1977, af…

The appellant, the estate of the late Sri Kaptan Singh, filed a writ petition in the Delhi High Court seeking a mandamus directing the Commissioner of Police to transfer his criminal complaint to an independent police agency, alleging that while in police custody his property was being alienated by a person claiming po…

The Government of India appealed against the assessment orders of the Assistant Collector of Central Excise which allowed Madras Rubber Factory Ltd. (MRF) various deductions under Section 4 of the Central Excises and Salt Act, 1944, while disallowing others. The key disputes concerned whether expenses incurred in maint…

G. Rabinathan, an Emergency Commissioned Officer in the defence services from June 1963 to September 1967, joined the National Cadet Corps (NCC) from December 1967 to June 1972 and was later appointed as a Probationary Commercial Tax Officer in Karnataka. He sought continuity of service for seniority under Rule 6‑A of …

The petitioners, owners of private forests in Kerala, challenged the constitutional validity of the Kerala Private Forests (Vesting and Assignment) Act, 1971, arguing that the State had failed to implement its agrarian‑reform objectives under Section 10 and that the later Forest (Conservation) Act, 1980 (and its 1988 a…

The Supreme Court considered appeals arising from the sale of mortgaged industrial premises by the Bihar State Financial Corporation. The purchasers, who acquired the assets at auction, were denied reconnection of electricity because the Bihar State Electricity Board demanded payment of arrears incurred by the previous…

Darshan Kumar filed a suit on 25 September 1989 challenging several orders of the competent authority that had withheld his service increments. The trial court held the suit was not barred by limitation because the enquiry procedure under the relevant rules was not followed. The appellate court merely observed that no …

The appellants, former government employees, were dismissed for multiple unauthorised absences amounting to marginal lapses of one to two days. They challenged their dismissal before the Supreme Court, seeking reinstatement with full back‑pay. The Court examined whether such marginal lapses warranted dismissal or could…

The Land Acquisition Collector issued an award fixing compensation for three belts of land. Twenty‑two landowners, including the appellants, signed Form K under Rule 9(5)(i) of the Rules, thereby accepting the compensation without protest. Subsequently the appellants filed a writ petition in the Punjab & Haryana High C…

M/s Longia Bir Company, through its MD, appealed to the Supreme Court against a Patna High Court order dismissing its writ petition concerning the computation of liability under the Provident Fund Miscellaneous Provisions Act, 1952. The appellant argued that it was not given an opportunity to be heard before the liabil…

In a suit for possession filed by the rival reversioners, the appellants, who were the landlords, were defendants. The respondents had remained in possession for over twelve years, thereby acquiring title by adverse possession, and the appellants had also entered into a tenancy agreement with them, which under Section …

The Oxford English School challenged the acquisition of its land by the Government of Tamil Nadu. A notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 8 September 1982 and a declaration under Section 6 was issued on 19 December 1983 (published 15 February 1984). The school obtained a sta…

A group of 17 practising advocates filed a letter‑petition under Article 32 of the Constitution, alleging that the Punjab police had kidnapped and possibly murdered several of their colleagues, including Ranbir Singh Mansahia, Jagwinder Singh, Kulwant Singh and Sukhwinder Singh Bhatti. The State of Punjab replied that …

The petitioners, Rashtriya Chini Mills Adhikari Parishad, challenged a Uttar Pradesh Government order to sell six sugar factories by filing a writ petition under Article 226 before the Lucknow Bench of the Allahabad High Court. The Division Bench held that the Lucknow Bench lacked jurisdiction because only one factory …

The Ramakrishna Mission established a degree college at Rahra with financial assistance from the State and Union governments, and the college was administered by a governing body constituted by the Mission, not the standard pattern prescribed for sponsored colleges. A dispute arose when the teachers' council struck and…

The husband, Nand Kishore Mehra, filed a suit in the Delhi High Court seeking relief concerning properties he alleged were purchased benami in his wife Sushila Mehra's name. The wife moved to have the plaint rejected on the ground that the suit was barred by Section 4 of the Benami Transactions (Prohibition) Act, 1988.…

The Supreme Court examined the Karnataka Forest Department Services (Recruitment) Rules, 1987, specifically the proviso to the Note in Schedule to Rule 2, to determine when a Range Forest Officer becomes eligible to be sent for a Diploma Course in Forestry. Two Range Forest Officers, S. Ramesh and N. Shivaraju, had eac…

Raja Radio Co imported Class‑E high‑temperature resisting material consisting of presspahn paper laminated with polyester film and paid customs duty under heading 39.01/06 of the Customs Tariff Act, 1975, together with counter‑vailing duty under tariff item 17(2). The company later claimed a refund, arguing that the go…

The appellant, Raghubar Dayal (deceased), was granted parcels of land in 1956 under the Government Grants Act, 1895 for personal cultivation, subject to lease‑like covenants. In 1974 the prescribed authority, invoking the U.P. Imposition of Ceiling on Land Holdings Act, 1960, issued a notice determining surplus land an…

The Supreme Court entertained a writ of habeas corpus filed by Dhananjay Sharma alleging illegal detention by Haryana police on 15‑1‑1994. The police officials (SSP Anil Davra, Addl SP Sham Lal Goel and SHO Rajinder Singh) denied the allegations and filed false affidavits, while also pressurising the taxi driver Sushi …

Hindustan Construction Co. Ltd. entered into a dam‑construction contract with the Government of Orissa. A dispute over escalation charges and other sums exceeding Rs 1 crore was referred to an Arbitration Tribunal, which directed the State to refer the matter to a Special Arbitration Tribunal under the proviso to sub‑s…

Hindustan Antibiotics Ltd (HAL) sought to upgrade its penicillin‑G production and evaluated proposals from several firms, ultimately selecting Max‑GB (a joint venture of Gist Brocades and Max India) for technology transfer. The appellants (Torrent Gujarat Biotech, SPIC and PBG) alleged that HAL’s Managing Director acte…

The appellants, who had served as Ministers in the Orissa government and later became Members of the Legislative Assembly (MLAs), were prosecuted for criminal misconduct under Section 13(1)(e) of the Prevention of Corruption Act, 1988. They contended that, being MLAs at the time of taking cognizance, they were public s…

The petitioner, a candidate in the 1994 Combined Pre‑Medical Test in Uttar Pradesh, challenged a university circular that reserved 65% of seats in medical colleges for reserved categories, alleging violations of Articles 16, 14, 19 and 21 of the Constitution and the 50% ceiling set in Indira Sawhney. After the petition…

The respondent, Sangram Das, applied for a vacancy of Assistant Law Officer in Orissa and, after a merit-based appointment to another post, sought direction from the Administrative Tribunal to be appointed to a subsequent vacancy. The Tribunal ordered the State to appoint him, but the State appealed to the Supreme Cour…

Birla Cement Works, a cement manufacturer, paid excess freight charges after a gauge conversion added 34 km to the railway distance. The company discovered the mistake when the railway admitted the error on 12 Oct 1990 and claimed a refund under Section 78-B of the Indian Railways Act. The Railway Claims Tribunal dismi…

The petitioner, MD Noorul Hoda, bought land benami in the name of his brother‑in‑law Rafique on 1 December 1959. Respondents obtained a partition decree (preliminary decree 22 January 1973, final decree 9 February 1974) allocating the land to Bibi Raifunnisa. The petitioner later obtained a second sale deed from Rafiqu…

Rajeev Metal Works applied to the District Industry Centre for 300 MT of galvanized steel sheets, which were to be procured by the statutory agency MMTC Ltd. on its behalf. MMTC pooled requirements, placed a consolidated indent with a foreign seller, but could supply only a portion of the quantity; the appellant failed…

Ram Nath Dewan executed a 1942 will granting his wife Satyawati a life estate in the Doctor's Lane house and directing that after her death the property go to his legal heirs. After Ram Nath's death, the son (first defendant) contested the will, claiming a later 1950 will, and the parties litigated until a 1955 settlem…

The plaintiffs filed a suit for specific performance of a sale agreement and were ordered by the High Court to amend the plaint to implead the purchaser, Kabari Pvt. Ltd. Although the amendment was allowed in 1982, the plaintiffs failed to act on it for about ten years despite being aware of their own laches and the ne…

The appellants challenged the acquisition of land near Surat railway station under the Land Acquisition Act, 1894, after filing objections to the notification. The Revenue Department advised that, considering the objections and a revenue circular, the acquisition could not be sanctioned, while the Urban Development Dep…

The Supreme Court examined three notifications issued under Section 4 of the Land Acquisition Act for acquiring land for the Tamil Nadu Housing Board. It held that a final and effective scheme under the Tamil Nadu Housing Board Act is not a pre‑condition for issuing such a notification, and that the public purpose stat…

The case concerned Jagdish Singh's challenge to the compensation awarded for land acquired under the Land Acquisition Act, 1894. The acquisition officer initially fixed different rates for two blocks, which were later consolidated by the reference court and the Punjab & Haryana High Court to a uniform rate of Rs 10 per…

The Housing Board of Haryana issued additional price demands to allottee families after a land price escalation, which the allottee association contested before the District Consumer Forum. The Forum quashed the Board's demand and the Board appealed to the State Commission, which dismissed the appeal as time‑barred und…

The Uttar Pradesh Sales Tax Association challenged a writ issued by the Allahabad High Court that restrained a Deputy Commissioner (Appeals) Sales Tax, Agra, from exercising his quasi‑judicial powers under Section 9 of the Uttar Pradesh Sales Tax Act, 1948, and ordered the transfer of his pending cases. The Bar Associa…

The Government was set ex‑parte in a suit and an ex‑parte decree was passed against it. The State filed an application on 17 February 1984 to set aside that decree, claiming it had knowledge of the decree on 15 February 1984 when its office was informed. The Karnataka High Court dismissed the application on the ground …

The Himachal Pradesh State Electricity Board appointed certain employees on daily wages as temporary mates who performed the duties of clerks and claimed equal pay with regular clerks. The High Court allowed the claim and held it had jurisdiction to decide the dispute, reasoning that the Administrative Tribunal Act, 19…

Ram Kishan, a constable of the Delhi Police, was charged with facilitating an under‑trial prisoner to consume alcohol and with abusing superior officers. The departmental inquiry found the first charge unproved and the second partly proved, but the Additional Deputy Commissioner of Police (ADC), acting as disciplinary …

The appellant was initially appointed as an ad‑hoc lecturer in a college that lacked sufficient students, and was transferred to another college where he was directed to report for duty. Instead of reporting, he demanded a regular appointment, which was refused, and he obtained a tribunal order directing his regular ap…

The Supreme Court examined whether land and buildings owned by the International Airport Authority of India (IAAI), leased to the Indian Tourism Development Corporation (ITDC) for a hotel, were exempt from municipal property tax under Article 285(1) of the Constitution. The Court held that the IAAI is a distinct statut…

R.N.A. Britto, appointed as Secretary of the Bajpe Panchayat under the Karnataka Village and Local Boards Act, 1959, was terminated by a memo dated 4 November 1986. He challenged the termination before the Karnataka Administrative Tribunal, which dismissed his petition on the ground that he was not a civil servant of t…

The case concerned a main partnership engaged in abkari (liquor) business that had a partner, Ganga Goud, who held a 10% share. Ganga Goud and eleven other persons formed a sub‑partnership to provide the capital required for his share and to share the profits and losses arising from the main partnership. The Income‑Tax…

A notification under Section 4 of the Land Acquisition Act, 1894 was issued to acquire 4.5 acres of land in Punjab. The Collector initially awarded Rs.13,816 per acre as compensation. The Additional District Judge enhanced it to Rs.2,50,000 per acre, but the Punjab and Haryana High Court reduced the award to Rs.30,000 …

Sh. Kishandas Kanahiyalal Gandhi was declared to have a surplus of 45 acres 30 guntas of agricultural land under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. He argued that the tenant, Om Prakash, had crystallised tenancy rights over 47 acres 17 guntas, thereby removing the surplus, and alternati…

The appellants' 27 acres of land were acquired under the Land Acquisition Act, 1894 and initially awarded Rs 5 per marla. Subsequent proceedings resulted in the High Court classifying the land into blocks A, B and C, and, relying on the precedent Mange Ram v. State of Haryana, fixing compensation at Rs 6.75 per square …

The Hyderabad Telecom District was merged with the Andhra Pradesh Telecom Circle in 1986, and a common seniority list was issued for all officials. The Chief General Manager rotated Junior Telecom Officers, transferring the respondents from Hyderabad to the Telangana District. The Central Administrative Tribunal set as…

The Supreme Court examined petitions by the State of Madhya Pradesh and the Union of India challenging a 1991 notification that raised royalty rates on coal under Section 9(3) of the Mines and Minerals (Regulation and Development) Act, 1957. The petitioners argued that Section 9(3) was an unconstitutional delegation of…