Judgments of 1996

Prima Realty, a partnership firm, entered into a compulsory purchase agreement with the Union of India for a property in Chembur. The Central Government was required to tender the consideration within one month of the purchase order, but the cheque issued to Prima Realty was incorrectly made out to "Prime Realty Ltd" a…

M.M.T.C. Ltd. appealed against a High Court order directing it to appoint an arbitrator under the Arbitration and Conciliation Act, 1996. The dispute arose after the 1996 Act came into force, so the Court examined whether the arbitration clause in a 1993 agreement, which provided for each party to nominate one arbitrat…

The Supreme Court examined an order of removal of a workman by the employer, which had been challenged before the Central Industrial Tribunal. The workman died while the tribunal proceedings were pending, and the tribunal had directed payment of wages from the date of dismissal to the date of death. Relying on its earl…

The appellant, a technician employed by Madras Fertilizers Ltd., was dismissed on 18 November 1981 after a domestic inquiry that was later held defective by the Labour Court. The Labour Court, however, allowed the employer to prove misconduct and, on its own appraisal of the evidence, upheld the dismissal, issuing its …

Bengal Waterproof Ltd., holder of the registered trademark ‘Duck Back’, sued Bombay Waterproof Manufacturing Co. for infringement and passing off. The first suit (1980) was dismissed, and a second suit (1982) was filed alleging continuous infringement after the first suit. The trial court and High Court held the second…

The Commissioner of Excise, Assam invited tenders for supplying rectified spirit and received seventeen bids. After excluding two ineligible bids, the lowest eligible offer was from Dutta Associates, but the Government introduced a "viability range" (Rs. 14.72‑Rs. 15.71) not mentioned in the tender notice and asked onl…

The appellants, who were JBT Teachers appointed temporarily as Head Teachers, claimed an advance increment for the period of their temporary promotion. The dispute centered on which pay‑scale the advance increment should be drawn from – the scale of the temporary post (Head Teacher) or that of their substantive post (J…

Radhabai, the mother of the appellants, owned a parcel of land and obtained a loan from the respondent's father on the condition that she execute a sale deed in the name of his minor son, accompanied by an agreement of reconveyance. After receiving the loan, the father failed to execute the reconveyance deed, prompting…

The respondent, an ex‑army officer who served from 1963 to 1973, was appointed to a civil post in 1979 under the ex‑servicemen quota and was granted pay increments and seniority under the Punjab Government National Emergency (Concession) Rules, 1965 (Rules 2 and 4). The State later realised that he was not entitled to …

The appellant, a former Branch Manager of State Bank of India, was removed from service on a finding of misconduct in 1990 after completing more than twenty years of pensionable service. He filed a writ petition seeking payment of his provident fund and a pension under the SBI Employees' Pension Fund Rules, specificall…

Bakhtawar Singh died leaving his son Harsukhjit Singh and widow Pritam Kaur. Harsukhjit succeeded to property inherited from his grandfather and to a portion of his mother's self‑acquired property, which he later blended. After Harsukhjit’s death, his sons Parshotam Singh (appellants) and Lakhmir Singh (respondents) di…

The respondents, Indian Hotels Co. Ltd., claimed they were in possession of a hotel property under an agreement and sought a perpetual injunction to prevent the appellant, Brig. Sawai Bhabwan Singh, from interfering with their possession. The appellant, asserting exclusive ownership, applied for the appointment of a re…

The respondents, who served as temporary drivers (Security Assistants Motor Transport) in the Intelligence Bureau from April 24, 1986 to October 5, 1988, filed an application for regularisation of their services. The Central Administrative Tribunal directed that they be regularised with relaxation of age and educationa…

K.V. Swaminathan applied for a freedom‑fighter pension, which was pending for a long period. The government, after giving him the benefit of doubt, granted the pension on 18 November 1989. Swaminathan filed a writ petition seeking the pension to be backdated to the date of his application. The Madras High Court ordered…

The appellant, an illiterate farmer, sought to bring his legal representatives on record after his uncle, a party to a civil suit, died pending appeal, causing the original appeal to abate. The High Court dismissed the application to condone the delay, citing lack of proper explanation, and upheld the abatement. The ap…

The employee was appointed as a Bihar Government servant in June 1950 and was sent on deputation to the Bihar State Electricity Board (BSEB) in August 1959, later being absorbed by the Board in 1970 and retiring in 1984. The dispute concerned whether the BSEB was liable to pay the employee's pension for the deputation …

The State of Kerala challenged a Kerala High Court order that sanctioned Rs 7,10,212 spent by Shri Raghavan, the Administrator of the Guruvayur Devaswom, on a clerk recruitment examination whose question paper had leaked, and also directed payment of Rs 35,000 as monetary consideration for his exemplary work. The petit…

The case concerned a residential dwelling house owned by an undivided family. After a partition suit, the widow of a deceased co‑owner obtained a final decree for her one‑third share and later gifted that share to her brother, a stranger to the family, who filed an execution petition. During execution, the legal heir o…

United Bank of India filed a suit to recover a loan advanced to the respondents. The trial court dismissed the suit on the ground that the plaint was not signed and verified by a competent person. On appeal, the Supreme Court examined whether a company may authorize an officer or ratify the signing of pleadings under O…

Respondent No.1, an IAS officer from Nagaland, was allocated to the Haryana cadre under the 30‑point roster that earmarked the two available Nagaland vacancies for outsiders. He challenged the allocation before the Central Administrative Tribunal, which ordered his transfer to the Nagaland cadre. The Union appealed, ar…

The Jaipur Development Authority acquired land for an urban development scheme under the Rajasthan Land Acquisition Act, 1953. The Land Acquisition Officer initially awarded compensation of Rs 5,000 per bigha to Jai Ambe Co‑op Housing Society and Rs 7,500 per bigha to Mahavir Co‑op Housing Society. The civil court enha…

Molly Joseph sought a declaration that her marriage to George Sebastian was void on the ground that a prior marriage to Prince Joseph was still subsisting, despite an alleged annulment by an Ecclesiastical Tribunal. The husband contested, arguing that the earlier marriage remained valid and that under Section 19(4) of …

The Government created a single post of Secretary in the National Savings Scheme Service and applied a 40‑point roster and rule of rotation to reserve vacancies for Scheduled Tribes. When a vacancy at point No. 4 arose, a Scheduled Tribe candidate was to be promoted from the Superintendents, but the Central Administrat…

The appellants were convicted for the murder of Elem Bux Molla under Sections 302 and 34 of the IPC, based solely on the testimony of a single eye‑witness, PW‑3, who was an employee of the deceased. The Supreme Court examined the witness's conduct, noting that he delayed reporting the incident, gave no prior account to…

The Indian Council for Enviro‑Legal Action filed a public‑interest writ under Article 32 seeking enforcement of the 19 February 1991 Coastal Regulation Zone (CRZ) Notification and challenging the validity of the 18 August 1994 amendment Notification. The petition alleged widespread non‑implementation of the 1991 Notifi…

Bharat Heavy Electricals Ltd (BHEL), a public sector undertaking, manufactured boiler components in its Hyderabad unit and dispatched some to its Tiruchi unit and others directly to the work‑site at Angul, Orissa, for a NALCO power‑plant project. The Andhra Pradesh State began levying Central Sales Tax (CST) on these c…

K.N. Roy, a charge sessions judge in Munger, granted bail to accused in a dacoity case on 17 August 1991, relying on doubts about the identification parade evidence. The Patna High Court cancelled the bail and, in its order, harshly criticized Roy, suggesting he had exceeded his jurisdiction and recommending administra…

The State of Punjab appealed a compensation award granted to Des Raj for land acquired under the Land Acquisition Act, 1894. The original award of Rs. 4,500 per acre was enhanced by the Additional District Judge in 1982 to Rs. 25,000 per acre, and further enhanced by a Single Judge in 1988 to Rs. 43,000 per acre, apply…

The appellant, a Scheduled Caste candidate, was selected for the post of Goods Clerk/Coaching Clerk under the reserved quota with relaxed standards, but the initial communication erroneously stated he was selected on general standards. The error was later corrected, placing him in the reserved‑quota list; however, no v…

The respondent, an Upper Division Teacher, claimed the status and salary of a Lecturer based on a 1962 recognition, but was denied higher pay on the "no work, no pay" principle. After retiring in 1983, he filed a writ petition for arrears from 1962 to the notional promotion date, which was transferred to the Madhya Pra…

The Orissa State Financial Corporation (OSFC) had advanced a loan of Rs. 14.68 lakh to M/s Hotel Jogendra for hotel construction, with a scheduled repayment over 18 years. The hotel defaulted, leading to a re‑phasing order under the State Financial Corporations Act, 1951, which the hotel failed to comply with, promptin…

The Madhya Pradesh Electricity Board inspected the meters of Harsh Wood Products and found tampered seals indicating theft of electricity. The Board issued a notice demanding payment of Rs 6,51,256.61 and threatened disconnection of supply. The High Court set aside the demand, holding that the consumer was entitled to …

The Meerut Municipal Corporation attempted to levy octroi on empty glass bottles of the aerated drink "Double Seven" that were brought into the municipal area for refilling. The bottling company contended that the bottles were exempt under Entry 13 of the 1975 Notification, which exempts "mineral water bottles" importe…

The petitioners challenged a notification issued under Section 4(1) of the Land Acquisition Act, 1894 for acquiring land in Pandharpur to extend an existing state transport bus stand and depot. They argued that the land, reserved for residential use under the Maharashtra Regional Town Planning Act, 1966, could not be u…

The petitioners, Dr. G.N. Khajuria and others, challenged the continued occupation of a school built on land originally earmarked for a park by the Delhi Development Authority (DDA). The Supreme Court had directed the dismantling and vacation of the school, but the DDA sought to delay compliance. The Delhi High Court, …

The case concerned two telephone billing disputes (Rs. 99,196 and Rs. 71,280) between the telecom authority and V.S. Dempo & Co. The Union of India argued that, under its administrative instructions, a subscriber must first obtain a court direction before the dispute can be referred to an arbitrator under Section 7B of…

Haribandhu Setha, a government servant, filed a consumer complaint under the Consumer Protection Act, 1986 seeking damages from the State of Orissa. The State Commission and later the National Consumer Disputes Redressal Commission awarded Rs.1,00,000 against the State. The State appealed to the Supreme Court, arguing …

The respondents were appointed as constables in the State Armed Police in April 1985 based on a list supplied by the Katwa Employment Exchange. The Labour Commissioner later declared that the list was fabricated and directed the authorities to take action, leading to the respondents' discharge effective 1 January 1986 …

The Haryana State Industrial Development Corporation Ltd. (HSIDC) offered Inderjeet Sawhney a provisional allotment of one acre of industrial land in 1984, subject to fulfillment of pre‑requisites and a final allotment letter. Sawhney failed to meet those conditions, and the parties later agreed that he would accept tw…

The Karnataka Government, after amending Rule 3A of the Karnataka Minor Mineral Concession Rules, 1969 to relax a prohibition on quarry leases for certain granites, issued an order on 18 June 1991 granting 203 quarry leases under Rule 3. The petitioners challenged these grants, arguing they violated the prohibition in …

The appellants filed a writ petition under Articles 226 and 227 of the Constitution challenging an order of the Additional Director, Consolidation of Holdings, Punjab, relating to land allocation under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. During the pendency of the petitio…

The police seized a truck loaded with stolen railway track pieces and recorded a report, treated as an FIR, alleging that the goods were loaded from the factory of Rajendra Agarwalla. A charge‑sheet was filed and the magistrate took cognizance of an offence under Section 414 IPC. The respondent petitioned the Patna Hig…

Vasavadatta Cements, a cement manufacturer, challenged the constitutional validity of Section 5(3‑D) of the Karnataka Sales Tax Act, 1957, which made packing material (gunny/plastic bags) taxable. The Karnataka High Court dismissed the challenge, relying on Ranganatha Associates and the Supreme Court’s decision in Rajs…

Shiva Prasad Tripathi, a former employee of Life Insurance Corporation of India, was allotted corporation premises which he was required to vacate after his service ended. He refused to leave, prompting the Estate Officer to issue a notice and subsequently an eviction order under Section 7 of the Public Premises (Evict…

Murlidhar Shyamlal, a vendor, was charged under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 for selling adulterated mustard oil. The trial court acquitted him, but the Assam High Court convicted him, relying on the absence of a proper warranty. The vendor argued that Section 19(2) of…

The appellant filed a partition suit in 1988, after which the respondents claimed ownership of the property by virtue of a gift deed executed and registered in 1978. In 1992 the appellant sought to amend the plaint under Order 6 Rule 17 of the CPC to obtain a declaration that the gift deed was fraudulent and therefore …

The appellants, government servants who continued in service beyond the normal superannuation age due to a fluctuation in the retirement age, claimed that their pension should be calculated on the basis of the age of 60, including the residue period they served. The State argued that pension should be computed as of th…

The respondent, Angamuthu Ammal, sought eviction of the appellant, K.V. Muthu, under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming personal need for herself and her foster son Arunachala Bakthar. The appellant contested, arguing that a foster son is not a "member of family" as defined in Section…

Baliram Prasad appealed against the appointment of respondent No. 7 as Extra Department Branch Post Master, alleging that he was more meritorious. The Central Administrative Tribunal dismissed his petition on two grounds: the application was filed after the one‑year limitation period and the appellant was disqualified …

Rup Lal Sharma, a retired government servant, continued to occupy a government‑allotted quarter after retirement. The State of Uttar Pradesh sought eviction under the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972, but the prescribed authority dismissed the first application on the ground that the …

The Paradip Port Trust awarded a contract for constructing a coal‑handling wharf to AFCONS (the appellant) after the Asian Development Bank (ADB) indicated that only AFCONS could secure the loan. Respondent No. 1 (Trafalgar House) challenged the award, arguing that it was the lowest evaluated bidder and that the award …

The respondents, senior clerks promoted to head clerks, claimed that their pay should be fixed on a notional basis as if they had received a special allowance of Rs.35 per month that was granted only to senior clerks posted in identified arduous posts. The Central Administrative Tribunal, on equitable grounds, directed…

The appellant, a privately run Modern Heart Institute and Research Centre, applied for a certificate under Notification No. 64/88‑Customs (issued under Section 25 of the Customs Act, 1962) to import sophisticated hospital equipment without paying customs duty. The Director General of Health Services refused the certifi…

The Haryana Urban Development Authority (HUDA) had provisionally allotted an industrial plot to the respondents and later issued a final allotment letter fixing the price at Rs.3,78,250. After the respondents paid the balance, HUDA issued a further notice demanding an additional Rs.4,66,847, invoking Clause 9 of the al…

The appellants, who were directly recruited Sahayak Nagar Adhikaris, challenged the Government’s order granting selection grade to ad‑hoc appointees whose services were regularised only on 17 May 1985, despite those appointees being junior to the appellants. The High Court dismissed the petition on the ground that the …

Kunji Raman and 36 other work‑charged employees of the Mahi Sagar Project filed a writ petition alleging that the Rajasthan Service Rules, 1951 and the Rajasthan Service (Concessions on Project) Rules, 1962/1975 were inapplicable to them, depriving them of house‑rent allowance, project allowance and leave encashment. T…

The Supreme Court examined whether the value of tangible software (discs, floppies, CD‑ROMs) sold together with a computer should be included in the assessable value of the computer for excise duty. The Customs, Excise & Gold (Control) Appellate Tribunal had held that the computer system and its software formed a singl…

The State of Uttar Pradesh filed a suit under Section 6 of the Urban Land (Ceiling & Regulation) Act, 1976 seeking a declaration that the respondent, Ram Het, held vacant urban land in excess of the prescribed ceiling. The competent authority found an excess of 1,146.0430 sq m and the matter was appealed before the Dis…

Dalip Kaur sold her land to Jeet Kanwar in 1967. Zail Singh obtained a decree of pre-emption and attempted to take possession of the property, which was then occupied by the appellant who claimed to be a tenant of the vendor since before 1957. The trial court granted a perpetual injunction in favor of the appellant, bu…

A government servant suffering from a heart ailment was permitted to obtain specialized treatment at AIIMS/Escorts Heart Institute because such facilities were unavailable in Punjab state hospitals. He submitted his medical bills for reimbursement, including the actual room rent paid during his inpatient stay, but the …

The Rajasthan Co‑operative Dairy Federation Ltd. issued a Letter of Intent to Sh. Maha Laxmi Mingrate Marketing Service Pvt. Ltd. (respondent No.1) appointing it as a selling agent, subject to conditions including submission of a Rs.15 lakh irrevocable bank guarantee, execution of an agreement, and submission of financ…

The Punjab government auctioned liquor vends in March 1996. M/s Yoginder Sharma Onkar Rai & Co. claimed it had made higher bids than the successful bidders and challenged the auction in a writ petition. The High Court Division Bench quashed the auction and ordered a re‑auction, criticizing the Financial Commissioner’s …

The Supreme Court examined the validity of the University Grants Commission's (UGC) exemption dates for candidates seeking lecturer appointments without clearing the eligibility test. The petitioners (UGC) argued that the circulars of 1993 and the 1995 notification, which set cut‑off dates of 31 December 1992/1993 for …

The Supreme Court entertained contempt petitions filed against the editors and publishers of The Sunday Tribune and Punjab Kesari for publishing a news item that falsely alleged that the sons of a senior Supreme Court judge and the Chief Justice of India had been allotted petrol pumps from a discretionary quota. The Co…

The petitioners, Shapers Construction (P) Ltd. and another, applied for tender forms from the Airport Authority of India, invoking a tender condition that required having satisfactorily completed at least two runway or national highway works of specified value within the last five years. They claimed that they had exec…

The appellant firm had a three‑year agreement with the Government of Madhya Pradesh for the purchase of tendu leaves, which was renewable annually. The appellant offered renewal on 7 December 1968; the Government accepted the offer on 31 January 1969, but the acceptance was communicated to the appellant only on 7 Febru…

The appellant, a minor who succeeded his adoptive mother (a widow) as landlord, was involved in eviction proceedings under Section 31(3) of the Bombay Tenancy and Agricultural Lands Act, 1948. The mother died during the suit, which was later dismissed, and the appellant attained majority on 19 March 1968. The tenant is…

The appeal arose from a Calcutta High Court order concerning the recognition of a rival union of Geological Survey of India employees. The dispute centered on whether the High Court had jurisdiction to review an Industrial Tribunal's decision in Maharashtra regarding the membership and recognition of that union. The Su…

The petitioners challenged the compensation awarded for land acquired by the Greater Cochin Development Authority under the Kerala Land Acquisition Act, 1950 (equivalent to the Land Acquisition Act, 1894). The acquisition officer initially fixed compensation at Rs 280 per cent, the civil court raised it to Rs 1800, and…

The Government of Uttar Pradesh issued a policy on 16 July 1986 granting a 10% developmental rebate on electricity to newly set‑up industries, valid until 1990. Ester Industries Ltd., having established a plant, claimed the rebate, but the Uttar Pradesh State Electricity Board issued a tariff without it, prompting a wr…

The owner of a bus (appellant) had insured the vehicle with Oriental Fire and General Insurance Co. A fatal accident occurred when the bus, driven by a cleaner without a licence who had been permitted by the regular driver, struck a scooter, killing Dr. P. Ramachandra Reddy. The claimants (heirs of the deceased) sought…

Dr. Surinder Singh Jamwal and another doctor were appointed on an ad hoc basis in the Jammu & Kashmir health service and had served for more than thirteen years. They filed a petition seeking regularisation of their posts, arguing that their long service created a right to be appointed regularly. The High Court dismiss…

M/s. Raikamal Transport engaged hamalis to load and unload goods it transported as a carrier. The Employees' State Insurance Corporation (ESIC) issued notices requiring the company to pay contributions for the hamalis under the Employees' State Insurance Act, 1948. The company contested liability, arguing there was no …

Narasoji Rao died intestate leaving a sole son (the appellant) and five daughters (including the plaintiff). The daughter filed a suit for partition of the family house (Schedule A) and other property, alleging a one‑seventh share, later increased to one‑sixth after the mother’s death. The trial court granted a prelimi…

The Union appealed against a Delhi High Court order staying a clause of a circular that reinterpreted the term “date of transfer” in the duty‑free licence rules. The issue arose when Shree Ganesh Steel imported goods under a licence transferred multiple times, and customs objected that the import occurred beyond six mo…

Guru Nanak College, a private institution affiliated to Guru Nanak Dev University, was taken over by the State of Punjab under a gift deed dated 11 July 1983. The deed stipulated that only staff possessing the requisite qualifications would be absorbed as new entrants and that the incumbent Principal would be taken in …

The case arose from a violent altercation on 21 September 1984 in which the deceased Rajpal was attacked and later died from injuries. The prosecution charged Chandvir and Rohtash (A1 and A2) with murder under Section 302 read with Section 32 of the IPC and also under Section 149 for rioting. The trial court convicted …

The third respondent, a tenure‑holder of agricultural land in Uttar Pradesh, transferred 64 bighas each to the appellants in 1974. The prescribed authority declared those transfers void under Section 5(8) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, and ordered the surplus land to be surrendered. The a…

Two minor boys were illegally detained by police to coerce a criminal suspect. The Supreme Court ordered the police to file counter‑affidavits denying the detention, but the affidavits were later found to be false and the signature of Superintendent M.S. Ahlawat was forged by a head constable on instructions from senio…

The petitioners, hereditary trustees of several Hindu charitable and religious institutions in Andhra Pradesh, challenged Sections 15, 16, 17, 29(5) and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, alleging violations of Articles 14, 15, 25 and 26 of the Constitution. …

Three income‑tax appeals before the Hyderabad Bench of the Income Tax Appellate Tribunal (ITAT) involved a common question of law under section 115‑J of the Income Tax Act. The President of the ITAT, exercising his power under section 255(3), constituted a Special Bench of three members to hear the appeals, which were …

The dispute arose from a leasehold property originally owned by a Tarwad, which was taken by an ex parte decree in 1942 and sold at a court auction to the decree‑holder Mohammed Haji. The decree‑holder subsequently leased the land to Raghavan Nair, whose rights were later assigned to P.K. Abdulla, the respondent. The e…

Ram Avtar, a Mali‑cum‑Chowkidar employed by Haryana Warehousing Corporation, was stopped at the efficiency bar for the years 1988 and 1989 and faced adverse remarks in his 1986‑87 confidential report. He challenged the orders through writ petitions; the High Court dismissed the first petition but allowed the second, di…

The case concerned a partition suit over land originally owned by Ummini, whose five sisters inherited his interest and executed an Ottikuzhikanam deed in favour of the first defendant. The first defendant later released his interest to the second defendant, who also obtained a sale deed from a man claiming to be Ummin…

The Uttar Pradesh Jal Nigam acquired 0.23 acres of land for a pumping station by publishing a Section 4(1) notification on 8 March 1973, taking possession on 5 July 1973 and issuing a Section 6 declaration on 9 October 1973. The respondent, Kalra Properties, purchased the land in 1989 after the acquisition and sought c…

The appeal arose from an order of the Karnataka Administrative Tribunal rejecting a service matter involving P.S. Ramakrishna. The appellant argued that a notice sent on 28 September 1993, which was returned marked “Not present”, should be deemed served on the respondent. The Tribunal had not treated the notice as serv…

The Commissioner of Commercial Tax appealed against an Andhra Pradesh Administrative Tribunal order that held Rule 22 of the State and Subordinate Service Rules did not apply to appointments by promotion for Scheduled Castes and Scheduled Tribes. The Supreme Court examined Rule 5 of the A.P. Commercial Tax Subordinate …

The State of Karnataka and the Union of India issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire 114 acres for the Defence Research & Development Organisation, dispensing with the enquiry under Section 5A by invoking Section 17(4) and publishing a declaration under Section 6 on June 2…

The Supreme Court examined an appeal by the State of Tamil Nadu against a Madras High Court order that had quashed a notification under Section 4(1) of the Land Acquisition Act, 1894, on the ground that it was vague because the development scheme was not fully formulated. The Court held that a scheme need not be comple…

Umrah Khatoon filed a suit claiming an easement right to discharge drain water over the land of Md. Zafir Khan. The trial court decreed in her favour and the first appellate court affirmed the decree. The High Court reversed, holding the suit non‑maintainable because the plaint also asserted title to the land, deeming …

The Bihar government’s Tuberculosis Eradication Scheme, part of the 20‑Point Programme, required recruitment for 2,250 Class III and IV posts. Deputy Director Dr. A.A. Mallick, as Chairman of the Selection Committee, appointed about 6,000 persons without written orders, exceeding the sanctioned vacancies and without bu…

The petitioner, a manager of the Food Corporation of India, was removed from service after a joint disciplinary enquiry found him guilty of dereliction of duty for failing to verify a fraudulent transport contract obtained by a notorious contractor impersonating another person. The petitioner challenged the validity of…

The appellant, a Reserved Police Constable, applied for recruitment to the post of Sub‑Inspector under Government Order No. G.O. Ms. No. 55/66/HOME dated 11 February 1966, which permitted graduates employed in any branch of the police department and within the age limit to apply. He was rejected on the ground that he w…

The case concerned promotion to the post of Senior General Manager in the Indian Ordinance Factories under the Indian Ordinance Factories Service Rules. The Union of India argued that the Central Administrative Tribunal erred by directing the government to ignore the Annual Confidential Reports (ACRs) of 1994 and to co…

The Allahabad University had begun recruitment for two Reader posts before the U.P. Public Services (Reservation of Scheduled Castes, Scheduled Tribes and Backward Classes) Act, 1994 came into force. After the Act became effective (retrospectively from 11 December 1993), the Chancellor directed the Vice‑Chancellor to a…

The State of Punjab initiated disciplinary action against Dharm Singh for failing to report for duty during his suspension from 21 November 1991 to 31 October 1992. An inquiry concluded that his absence was wilful, leading to his removal from service. The Punjab & Haryana High Court set aside the removal on the ground …

Head Constable Kuldip Singh was dismissed from the Punjab Police without a departmental enquiry under proviso (b) of Article 311(2) of the Constitution, on the ground that it was not reasonably practicable to hold an enquiry because witnesses feared for their lives. The dismissal was based primarily on a confession he …

The Patiala Central Cooperative Bank and its employees' union entered into a comprehensive settlement on 28 May 1973, valid for four years, covering pay scales and dearness allowance. After the settlement expired on 31 March 1977, the bank issued a notice on 25 February 1978 under Section 19(2) of the Industrial Disput…

The Delhi Development Authority (DDA) allotted 5,000 plots in Rohini, Delhi, but a stay ordered by the High Court on land acquisition delayed issuance of allotment letters. After the stay was vacated, the DDA recalculated plot costs using a cost‑of‑living index escalation of 16.62% per annum, whereas the High Court had…

The case concerned three parcels of a former large rubber estate that had been sold and were managed separately. The appellants challenged the applicability of the Plantations Labour Act, 1951 (as amended by the Plantations Labour (Amendment) Act, 1960) to their estates, arguing that the proviso to Section 1(5) used th…

Pfizer Ltd., a pharmaceutical manufacturer, terminated two security staff members (respondents) after they were arrested for alleged theft, invoking its standing order for loss of confidence. The respondents filed complaints under Section 28 of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour …

The appellant, a Tehsildar, challenged an adverse remark in his 1988‑89 Annual Confidential Report that he "does not act dispassionately when faced with dilemma." The Supreme Court held that adverse remarks must be based on specific instances and the officer must be given an opportunity to respond. Since the remark was…

The respondent, an Income‑Tax Officer, was dismissed from service and filed a suit challenging his dismissal. The suit was decreed, resulting in his reinstatement, but the arrears of salary were not paid, prompting a writ petition in the High Court which ordered payment of all arrears. After the arrears were paid, the …

Ram Nihore filed a suit on April 25, 1988, impleading Mansari as co‑plaintiff for a perpetual injunction restraining the appellant from possession and enjoyment of the schedule property. The suit was dismissed for default on May 27, 1988. The appellant objected that Ram Nihore had died on September 4, 1979, rendering t…

Sh. Mohinder Singh Jagdev was appointed as a Section Officer in the Central Public Works Department in 1956 but was found to have obtained the appointment using false certificates. He was suspended and later terminated on 10 September 1957 under Rule 5 of the Central Government (Temporary) Service Rules, 1949, while cr…

The State of Karnataka initiated disciplinary proceedings against G.M. Hayath under Rule 6(1) of the Karnataka State Police Disciplinary Proceedings Rules, 1965, alleging that he had submitted a false income certificate at recruitment, claiming his father's income exceeded the Rs 1,000 per annum ceiling. The Tribunal h…

The Food Corporation of India (FCI) had employed 464 handling mazdoors at its Siliguri depot, first through a contractor, then via a direct‑payment system, and later reverted to the contractor method. The workers, represented by their union, claimed that the re‑introduction of the contractor system was illegal and that…

The appellants, owners of rubber estates, sold old, unyielding rubber trees during the assessment years 1968-69 to 1978-79. The Income Tax Officer treated the difference between the sale price and the notional price fixed under Section 55(2) of the Income Tax Act as capital gains and also taxed the replantation subsidy…

Sri Krishna Pvt. Ltd. claimed large unsecured hundi loans in its return for AY 1959‑60. In the assessment of the subsequent year (AY 1960‑61) the Income Tax Officer discovered that many of those loans were bogus and that the alleged lenders were near relatives of the company’s directors. Relying on this, the Officer is…

The State Bank of Bikaner and Jaipur ordered a fresh disciplinary inquiry against employee Ajay Kumar Gulati, appointing a new inquiry officer despite an earlier report finding the charges established. Gulati challenged the order in a writ petition before the Delhi High Court, contending that the de novo enquiry should…

The appeal arose from a Bombay High Court election petition that declared the election of a BJP candidate, Abhiram Singh, void on the ground of corrupt practices under Sections 123(3) and 123(3A) of the Representation of the People Act, 1951. The High Court had issued a show‑cause notice under Section 99(1) to the appe…

Comorin Match Industries (Pvt.) Ltd. challenged Central Sales Tax assessments for the years 1957-58 to 1965-66 on the ground that the tax was levied on turnover that included excise duty, which the Madras High Court had held to be illegal. The High Court quashed the assessments, but the State of Tamil Nadu did not appe…

Klockner & Co., a German firm, had a marketing agreement with Orissa Mining Corporation (OMC) for exclusive marketing of charge chrome, containing an arbitration clause referring disputes to the ICC in London under Swiss law. After OMC's charge‑chrome division was taken over by the State of Orissa under Ordinance 8 of …

The assessees, Smith Kline and French (India) Ltd., claimed a deduction for a surtax liability of Rs. 76,777 under the Companies Profits (Surtax) Act, 1964 while computing their total income for AY 1976-77. The Income Tax Officer disallowed the deduction based on Section 40(a)(ii) of the Income‑Tax Act, which bars any …

The dispute concerned the width of a common road on property jointly purchased by the parties in Nasik. The trial court and the appellate court, after extensive consideration of oral and documentary evidence, found that a 30‑foot wide road existed and enjoined the defendants to remove encroachments. The Bombay High Cou…

The appellant, S. S. Sanyal, was occupying premises as a tenant of India Foils Ltd. when the landlady sold the property to Habitat Developers, who obtained a decree for specific performance and possession. Although the decree was against the landlady, the appellant was not impleaded nor was any eviction order passed ag…

The Improvement Trust, Moga initiated a truck diversion scheme under Section 36 of the Punjab Town Improvement Act, 1922, acquiring 15.5 acres for a new market. Notices of the scheme and objections were published in newspapers and the Gazette as required by the Act, and the scheme was approved under Section 40. The res…

Nandlal Raigar, an accountant in the Rajasthan Telephones Department, was dismissed on May 9, 1973 for alleged fabrication of records. After exhausting departmental appeals, he filed a suit in 1980 seeking a declaration that his dismissal was illegal. The trial court dismissed the suit on limitation grounds but noted p…

The appellant, J. Jose Dhanapoul, challenged an order of the Tamil Nadu Administrative Tribunal that annulled the appointment of S. Thomas without the appellant being made a party to the proceedings. The Tribunal had issued the impugned order on June 15, 1993, cancelling Thomas's appointment, but the appellant was neit…

In a suit for ejectment filed on 5 April 1984, the respondent entered into a compromise and a decree for eviction was subsequently recorded. The respondent failed to deliver possession, prompting the appellant to file an execution petition. The respondent first challenged the validity of the compromise decree under Sec…

The Ranchi Municipal Corporation demanded Rs 1,01,501 as service charges from the Railways for the years 1993‑94 and 1994‑95. The Union of India challenged the demand, and the Patna High Court upheld it. On appeal, the Supreme Court examined whether the municipality could levy such charges under Section 135 of the Rail…

Babulal obtained a decree for specific performance of a contract for sale of immovable property, but the decree did not grant possession. When the decree‑holder sought to execute the decree, Raj Kumar (the appellant), who was not a party to the decree, claimed a right in the property and obtained an injunction. He obje…

Cholamandalam Investments & Finance Co. Pvt. Ltd. filed a suit in the Madras High Court for recovery of money under a hire‑purchase agreement that contained a clause granting exclusive jurisdiction to Madras courts. Radhika Synthetics Ltd. later instituted a suit in the Bombay High Court claiming damages, relying on a …

The landlord, Ram Saran, let a shop to a tenant who later formed a registered society, Mahavir Gram Udyog Samiti, comprising himself and his family, and began paying rent through the society as its President. The landlord sought eviction under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1971, alleging un…

Delhi Cloth & General Mills Ltd. and another established a fertiliser unit in the villages of Raipura and Ummedganj, which were treated as part of Kota municipality and were levied octroi. The State of Rajasthan later issued a Kota Municipal Limits (Continued Existence) Validating Act, 1975 that deemed the villages to …

The State of Punjab appealed the acquittal of Gurmit Singh and two others for abduction, wrongful confinement and rape of a minor girl. The trial court had disbelieved the prosecutrix, citing her ignorance of car details, alleged delay in filing the FIR, and alleged family enmity. The Supreme Court held that the girl’s…

The case concerned the seniority of Assistant Executive Engineers (formerly Junior Engineers) in Andhra Pradesh's Public Health & Municipal Engineering Department. After the 1970 ban on direct recruitment, temporary and ad‑hoc appointments were made, followed by a Special Qualification Test (SQT) in 1975 and later regu…

The deceased, Rajadurai, was riding a motorcycle when a bus collided with him after he swerved to avoid a car, resulting in his death. The Tribunal awarded Rs. 1,00,000 compensation, reducing it by 40% for the deceased's contributory negligence, leaving Rs. 60,000 payable. The Madras High Court reversed this, holding t…

The Special Land Acquisition Officer sought to acquire 1 acre 6 guntas of land for defence purposes. The land was requisitioned in 1965 and rentals were fixed at Rs 4 per sq ft under the Acquisition and Requisition of Immovable Property Act, 1952. The Collector’s award under the Land Acquisition Act, 1894 was Rs 24,250…

The Supreme Court examined a civil appeal challenging a preliminary decree for partition of the Konchukakkada property. The trial court had placed the burden of proof on the plaintiffs, a view corrected by the appellate court, but the appellate court failed to properly consider key documentary evidence establishing the…

The Federation of Customs House Agents Association and others filed a writ petition challenging Regulation 8 of the Customs House Agents Licensing Regulations, 1984, which permitted the grant of a temporary licence to act as a customs house agent without first passing the qualifying examination required under earlier r…

Rani Devi and Anguri Devi, widows of Apprentice Canal Patwaris who died while in service, filed writ petitions seeking appointment to class‑IV posts on compassionate grounds. The Punjab & Haryana High Court directed the State of Haryana to appoint them, but the State appealed. The Supreme Court held that the term "empl…

Poothundu Plantations Pvt Ltd was assessed under the Kerala Agricultural Income Tax Act. A later Agricultural Income Tax Officer, invoking section 36, rectified the assessment on the ground that the predecessor had misinterpreted section 12, relying on the Supreme Court’s interpretation of section 24 of the Indian Inco…

The State of Tamil Nadu appealed against the Madras High Court’s order that suspended the convictions and sentences of four public servants, including A. Jaganathan, who had been convicted under IPC sections 392, 218, 466 and the Prevention of Corruption Act. The High Court had relied on Rama Narang v. Ramesh Narang, h…

The petitioners alleged that test firing exercises at a range near Itarsi in Madhya Pradesh were endangering the lives of tribal people who entered the area to collect firewood, resulting in injuries and deaths, thereby violating their right to life under Article 21 of the Constitution. The Supreme Court, recalling its…

The petitioners, recruited as legal assistants in 1963 and 1964, retired after 25 years of service and claimed an additional five years of qualifying service for pension computation under Rule 2423-A of the Railway Establishment Manual II. The Central Administrative Tribunal allowed their claim, but the petitioners app…

The petition challenged a land acquisition made in 1953 for the establishment of an Indian Institute of Technology, where 60.8 acres were later transferred to the National Institute of Technology (NITIE) by a government resolution. The petitioner, a sub‑lessee, claimed that he was not given notice under Section 5‑A of …

G.N. Rao challenged the compensation awarded by the Land Acquisition Officer for 7 acres of land in Nizamabad acquired under Section 4(1) of the Land Acquisition Act, 1894. The High Court had fixed compensation at Rs 32,000 per acre, relying on sale deeds of adjacent lands and a claim of potential value. Rao argued tha…

The Bihar State Electricity Board (BSEB) entered into a supply agreement with M/s Bijoy Mining Co. Ltd. which required the consumer to pay an annual minimum guarantee charge. The consumer objected to a bill on the ground that erratic supply prevented it from taking the contracted amount, invoking clause 13 of the agree…

The appellant, Kashmir Chand, bought a plot in an open auction in July 1971 for Rs 46,000 but paid only Rs 11,500, leaving a balance of Rs 34,500. Over more than 21 years he failed to pay the balance, and the authorities demanded a larger sum of Rs 3,78,000, which he also defaulted on. He filed a writ petition in the P…

The Union of India appealed against a promotion order that deviated from the rule of granting 50% of the quota and an additional two‑year benefit to Upper Division Clerks under the Employees Provident Fund and Miscellaneous Provisions Act, 1952. Section 5‑D(7)(a) of the Act requires prior approval of the Central Govern…

Vasant Gangaram Sa Chandan was appointed as Peon‑cum‑Watchman in the Hyderabad Agricultural Committee on 1 April 1957 and, after the reorganisation of states, transferred to the Krishi Utpadan Bazar Samiti, retiring on 1 April 1991 after about 35 years of service. The pension scheme of the Market Committee stipulated t…

The Haryana Urban Development Authority (HUDA) invited applications for school sites in Panchkula and allotted 11 of 23 plots, denying eight applicants. The denied applicants challenged the allotment procedure, leading to a single judge finding procedural faults but upholding the allotments because schools were already…

Betal Singh was convicted of murdering his wife Kamla by setting her ablaze, an offence under Section 302 of the Indian Penal Code. The conviction was based primarily on Kamla's dying declaration recorded by a police officer under Section 32 of the Evidence Act, which alleged that her husband had doused her with kerose…

The respondent, a Scale‑I officer of the Central Bank of India serving as Branch Manager, was charged with ten counts of allowing overdrafts, issuing guarantees and sanctioning loans beyond his delegated authority. An enquiry found several charges fully established and others partially, leading to his dismissal. The Or…

Kanta Prasad D. Patel purchased a site in 1965 and erected sheds, claiming the structures existed before April 1, 1962 based on a lease from the previous owner. The Municipal Corporation of Greater Bombay issued a demolition notice; the Deputy Municipal Commissioner initially allowed retention of a 30'x30' shed in 1983…

The State of Maharashtra appealed a High Court order that had granted enhanced compensation to Maruti Laxman under the Land Acquisition (Amendment) Act, 1984. The original acquisition notice was issued in 1969 and the Land Acquisition Officer awarded Rs.1,000 per acre in 1972. A civil court enhanced this award to Rs.2,…

The appellants, Head Constables, had passed a merit‑based written test for promotion to Sub‑Inspector under the Andhra Pradesh State Police Subordinate Service Rules, which require promotion on the basis of merit and ability. The Government later issued a G.O. (No. 585) amending the Police Standing Orders to prescribe …

The parties entered into a sale agreement on 7 April 1969 for a 100‑square‑yard plot in Delhi, with a price of Rs 16,000 and Rs 2,500 paid as earnest money. The buyer (appellant) failed to execute the sale deed, and the seller (respondent) sued on 13 July 1970 for specific performance, alternatively claiming damages of…

The State of Madhya Pradesh charged O.P. Surbhan with murder after a child eyewitness (PW‑2) claimed the accused struck the deceased from behind with a bladed weapon. Medical examination, however, revealed three separate incised wounds on the neck, mandible and elbow, which could not have been caused by a single blow a…

The respondents' 50.55 acres of land in Pathankot were requisitioned for defence under the Requisition and Acquisition of Immovable Property Act, 1952. The Land Acquisition Officer fixed compensation at Rs. 201 per canal, but the respondents invoked Section 8 and obtained an arbitrator’s award of Rs. 1,000 per canal to…

The first respondent filed a suit on 30 October 1981 seeking a declaratory decree that she was the absolute owner of 6 acres 25 gunthas of land at Raichur. The appellants were later impleaded as respondents under Order 1 Rule 10 of the CPC but, despite repeated adjournments, failed to file a written statement, leading …

H.B. Singh, who served in the Indian Army from 1959 to 1976 and later joined the Haryana State Government in 1978, challenged a 1976 amendment to the Punjab National Emergency (Concession) Rules, 1965 that narrowed the definition of "Military Service" to only those who enlisted during the 1962 emergency, thereby withdr…

A bus operated by the Karnataka State Road Transport Corporation collided at night with a truck trailer carrying a heavy rear dumper that protruded one and a half feet beyond the trailer's sides. The bus driver was speeding, while the truck driver was moving slowly, but the dumper was not marked with red lights or refl…

The Supreme Court examined the validity of the Gujarat High Court Full Bench's guidelines in Kamlaben v. Oriental Insurance, which required a ten‑year waiting period and periodic payments by the insurer for motor accident compensation. The Court held that these guidelines conflicted with the Supreme Court’s earlier dir…

Gayatrilaxmi Bapurau Nagpure, a medical course aspirant, claimed membership in the Halba Scheduled Tribe and applied to the Scheduled Tribe Caste Certificate Scrutiny Committee for a caste certificate. She submitted 17 documents, including school certificates, caste certificates of her father, and a 1981 government ord…

Ashish Handa, an advocate, challenged the appointment of former High Court Judge M.R. Agnihotri as President of the Haryana State Consumer Disputes Redressal Commission, alleging non‑compliance with the proviso to Section 16(1)(a) of the Consumer Protection Act, 1986 which requires consultation with the Chief Justice o…

The petitioners, former employees of the Oriental Government Security Life Assurance Company, sought a revision of their pension and dearness allowance under the Oriental Pension Fund now managed by LIC, arguing that the existing minimum pension of Rs.375 was inadequate. LIC contended that the pension fund was a contra…

The State of Goa appealed a Bombay High Court order concerning land acquisition under the Land Acquisition Act, 1894. The appeal raised issues already decided in the Supreme Court’s judgment in Babua Ram & Ors. v. State of U.P. & Anr., which the Court affirmed applied to the present case. After condoning delay and gran…

The National Thermal Power Corporation acquired a large tract of land under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially fixed compensation at Rs 3,000 per acre, which the Sub‑Judge enhanced to Rs 6,500 per acre, a decision affirmed by the Andhra Pra…

M. Ramjayaram applied for the post of Law Assistant in South Central Railway and scored over 60% in the written test and performed well in the viva. Two other candidates were awarded an additional 15 marks for seniority under Rule 320 of the Railway Establishment Code, which gave them a higher total score and led to th…

In execution of a money decree, a mortgaged property valued at Rs 75,000 (later reduced to Rs 50,000) was auctioned and sold for Rs 15,100, with the mortgagee himself submitting the winning bid. The appellant, the judgment debtor, challenged the validity of the sale under Order 21 Rule 97 of the CPC, arguing that the s…

The Supreme Court examined an appeal by landowners whose 33 acres of a 194‑acre industrial acquisition near Dharwad had been valued at Rs 56,000 per acre by the Karnataka High Court after a series of enhancements and reductions. The appellants argued that the High Court erred by applying a 65% deduction for development…

The appellant challenged the Karnataka High Court’s reduction of compensation for 13 acres of land acquired under a 1979 notification. The land, situated at a considerable distance from any developed area, was initially valued at Rs 18,000 per acre by the Land Acquisition Officer, later inflated to Rs 5,61,729 per acre…

The Supreme Court examined an appeal by V.G. Kulkarni challenging the Karnataka High Court’s reduction of compensation for land acquired under Section 4(1) of the Land Acquisition Act, 1894. The notification dated 21 January 1982 acquired 20 acres and 4 gunthas for industrial development, with the Land Acquisition Offi…

The State of Gujarat acquired land in Sarigam for industrial purposes under the Land Acquisition Act, 1894. The land owners had entered into agreements with the Gujarat Industrial Development Corporation (GIDC) in 1980 and 1985, accepting a compensation of Rs. 22,857 per hectare inclusive of solatium and other benefits…

The tenant, Jain Motor Car Co., was served an eviction petition by the landlord, S.P. Jain, for defaulting on rent payment and alleged sub‑letting. The Rent Controller ordered the tenant to pay arrears within one month and to continue depositing monthly rent by the 15th, but the tenant paid the February rent late, on 3…

The respondents, who were the khewatdars of land classified as “Shamlat deh” in village Brahman Majra, claimed that the land reverted to them after the Gram Sabha was abolished, invoking Rule 3 of the Punjab Gram Panchayat Rules, 1965. The Municipal Committee of Sirhind argued that the land had vested in it when a noti…

The National Council for Cement and Building Materials, a society, was challenged by its employees’ association to prepare certified standing orders under the Industrial Employment (Standing Orders) Act, 1946. The society argued that it was not an “industry” within the meaning of the Industrial Disputes Act, 1947, and …

Ritesh R. Shah, a reserved‑category candidate, applied for admission to the MBBS course in Maharashtra for 1995‑96 but was denied because other reserved‑category applicants were admitted against the reserved quota despite being eligible on open‑merit grounds. He challenged the state’s selection rules, arguing that coun…

The respondents were appointed as temporary Investigators‑cum‑Computer under a scheme that was later cancelled, but they were allowed to continue in service by an interim order of the Allahabad High Court. While still serving, they filed a writ petition seeking the same salary as regular investigators, invoking the pri…

Jyoti Ltd., a Baroda‑based company, claimed that its reserves for doubtful debts (Rs 85,000) and gratuity (Rs 5,60,000) should be treated as part of its capital base for computing statutory deduction under the Companies (Profits) Surtax Act, 1964. The Surtax Officer excluded the amounts; the Appellate Assistant Commiss…

The respondents, who had been directly appointed as casual mates in Class III of the Northern Railway, were later regularised as gangmen (Class IV) by the railway authorities. They contended that their long‑term service as mates and the temporary status conferred upon them entitled them to be regularised as mates. The …

The case involves Ram S. Sharma, a government servant who discovered, after 25 years of service, that his date of birth recorded in the service records was incorrect. He claimed that his correct date of birth was January 2, 1939, instead of the recorded December 16, 1934, and sought correction. The Central Administrati…

In this civil appeal, the appellant J.L. Jain challenged the decision of the Central Administrative Tribunal that denied a reopening of a departmental inquiry against him. The appellant sought a one‑time opportunity to participate in the inquiry, present his defence, and cross‑examine witnesses. The respondents argued …

The respondent was convicted of murder and sentenced to life imprisonment, having been in custody since September 1983. She filed an application in the High Court seeking premature release, and the High Court ordered her release on the ground that the State had failed to file a counter‑affidavit despite multiple adjour…

The respondent, L. Srinivasan, an Assistant Section Officer in the Prohibition and Excise Department, was suspended and a departmental inquiry was ordered while a charge‑sheet for embezzlement and fabrication of false records was filed and a criminal trial was pending. The Tamil Nadu Administrative Tribunal set aside t…

The appellant sought eviction of the Rashtriya Swayam Sewak Sangh (RSS Sangh) from premises it occupied. The Sangh was represented in the suit by its manager, president and a member, and the trial court dismissed the suit. The Madhya Pradesh High Court, on appeal, decreed ejectment in favour of the appellant, but the r…

Darshan Singh, a bus conductor employed by the State of Punjab, was removed from service on 26 May 1989 for alleged misconduct of collecting fares without issuing tickets, which was deemed fraud. The removal order also listed his earlier punishments, leading the trial court to hold that the authority had considered tho…

The appellants, whose land was acquired under the Land Acquisition Act, 1894, entered into an agreement with the municipal corporation to receive two‑thirds of the compensation at a rate of Rs.40 per square yard, with interest fixed at 4% per annum from possession. The compensation award was later enhanced to Rs.300 pe…

The State of Uttar Pradesh acquired 13.75 acres of land for a government college and the Land Acquisition Officer initially fixed compensation at Rs 11,887.78 per acre. A District Judge later awarded Rs 5 per square foot and the High Court reduced it to Rs 3.30 per square foot, relying on sale deeds of small parcels th…

The appellants, former employees of the Army School, Jalandhar, claimed that the school had failed to pay the minimum wages fixed by the State Government and filed an application under Section 20(2) of the Minimum Wages Act, 1948. The Authority initially granted relief, but the Punjab & Haryana High Court set aside tha…

The State of Madhya Pradesh acquired land belonging to Hiralal and others and the respondents claimed compensation under the Land Acquisition Act, 1894 as amended by Act 68 of 1984, which purported to provide enhanced compensation and solatium. The High Court had allowed their claim, but the State appealed. The Supreme…

The case concerned compensation for land acquired under the Land Acquisition Act, 1894 for a telephone exchange in Narasaraopet. The acquisition officer initially awarded Rs 40 per square yard, which was enhanced to Rs 75 per square yard by the Subordinate Judge on the basis of four sale deeds executed in 1978 at rates…

The State acquired land in Etmadpur Village under the Land Acquisition Act, 1894 and the Collector awarded compensation under Section 11. Ramesh Singh and Hari Singh sought a reference under Section 18, which was dismissed, while Ruma Singh obtained a higher award after a reference and a decree under Section 26. The pe…

The case concerned an appeal by Improvement Trust, Sangrur against Gurjjt Singh Sandhu and others under the Land Acquisition Act, 1894. The dispute centered on whether the respondents were entitled to the additional amount provided under Section 23(1A) of the Act, as amended by Act 68 of 1984. The Collector’s award was…

The second respondent, who held an M.Sc. in Medical Biochemistry and worked as a professor, applied to be entered in the State Medical Register but was denied because he lacked an MBBS degree. He obtained a writ order from the Rajasthan High Court directing his registration, which was later set aside by the High Court …

The case concerned Smt. Nutan Arvind, a Central Civil Services officer who was not included in the promotion panel prepared by the Departmental Promotion Committee (DPC) for a vacancy that arose before 12 May 1988. The appellant contended that the DPC had wrongly applied the post‑May 1988 merit‑based grading system and…

The State of Tamil Nadu filed an application seeking modification of the Supreme Court’s July 22, 1996 order that continued the August 18, 1994 order directing a 69% reservation for backward classes, SCs and STs in medical, engineering and other educational institutions and the creation of additional seats for general‑…

The assessee, Karam Chand Thapar & others, acted as a del credere agent for coal collieries and as an agent for coal purchasers. It claimed "under‑charges" from collieries for freight overcharges on under‑loaded wagons, received the amounts before any purchaser claim, and paid purchasers when they demanded reimbursemen…

Jain Exports Pvt. Ltd. and others imported liquid caustic soda and were required to pay customs, auxiliary and countervailing duty at 92.5% while State Chemicals and Pharmaceuticals Corporation of India Ltd. paid only 10% under an exemption granted under Section 25(2) of the Customs Act. The appellants filed a writ pet…

The appellants, Shree Krishna Gyanoday Sugar Ltd., operated several distilleries licensed to manufacture denatured spirit, other industrial spirits and potable liquor. The State of Bihar, via the Superintendent of Excise, demanded that the appellants bear the establishment costs of excise staff posted at the distilleri…

The petitioner had agreed to purchase a house from the first respondent, Dwarka Prasad Mathur, and paid the consideration. Before taking possession, the second respondent obtained a decree of specific performance in a separate suit, which the petitioner challenged in suit 121‑A of 1984 on the ground of fraud. Both resp…

The petitioner, a government employee, was convicted under Section 509 of the Indian Penal Code and fined Rs.200, a conviction that was final and involved moral turpitude. He sought a reference to the Industrial Tribunal under Section 10 of the Industrial Disputes Act, 1947 to contest his dismissal. The High Court init…

The State of Haryana issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land in Rewari district. The respondents argued that a government policy excluded lands on which buildings had been constructed and that their shops were built before the notification, seeking exemption and compen…

The Supreme Court examined whether two members of the Bihar University (Constituent Colleges) Service Commission, Dr. B.P. Yadav and Prof. Suresh Prasad Singh, possessed the statutory qualification of being Professors as required by Section 6 of the Service Commission Act, given that their promotions to Professor were …

The Election Commission issued a notification for a bye‑election to the Udhampur Parliamentary Constituency and, after a reference by the Returning Officer, directed a repoll at certain polling stations, which was carried out. The election result was challenged before an election petition, and the High Court set aside …

The case concerned acquisition of 171.46 acres of agricultural land in Moradabad for UPSIDC. The Land Acquisition Officer initially fixed compensation at Rs 15,500 per acre, which was later increased by the District Court to Rs 40,000 and by the High Court to Rs 50,000 per acre based on sale deeds and oral evidence. Bo…

Sh. A. Chinnappa contested the Bethamangala Assembly seat in Karnataka, which was reserved for Scheduled Castes, claiming he belonged to the Mundala caste listed in the Presidential notification under Article 341. The Karnataka High Court held that he actually belonged to the Mondy/Mondigaru caste, which is not include…