Judgments of 1996

The petitioners, Head Constables in the Maharashtra Subordinate Police Service, sought regularisation for promotion to Sub‑Inspector based on a High Court order that required them to file their willingness within two months. They failed to do so, later filed a special leave petition, and claimed that a subsequent gover…

The appellant, Sri Hanumanthappa, filed a partition suit in 1966 and obtained a compromise decree in 1990 granting him a share of 39 guntas of land, for which he was put in possession by the Tehsildar in 1993. The respondent, Sri Muninarayanappa, had purchased the same land from a co‑sharer in 1986, before the decree. …

The appellant, Joginder Tuli, occupied a premises under a lease dated 21 December 1990 at a rent of Rs.6,000 per month. The respondent, S.L. Bhatia, terminated the tenancy on 15 March 1993 and instituted suit No.133/1993 for possession, valuing the suit at Rs.72,000. The respondent later amended the plaint to claim dam…

The appellant, residing in Malaysia, was served summons for a suit seeking declaration of title and possession of property. The suit was decreed ex‑parte on 22 July 1986. Upon learning of the decree on 13 November 1986, the appellant filed an application under Order IX, Rule 13 of the Code of Civil Procedure on 24 Dece…

The case concerned Shri Ujagar Lal, a retired railway employee who remained in unauthorized possession of railway accommodation for over two years, resulting in the Railway Board’s circular directing that his death‑cum‑retirement gratuity not be paid until he surrendered the quarters. The Central Administrative Tribuna…

The petitioner, a government servant, sought reimbursement of medical expenses incurred for heart disease treatment in a private hospital. Although the amount was eventually disbursed on August 28, 1991, there was a delay, and the petitioner claimed interest at 12% on the delayed payment. The Punjab & Haryana High Cour…

Dr. Kishore was appointed on an ad hoc basis as Medical Officer (Class III) in Maharashtra on 28 February 1990, with successive extensions. Fearing termination, he filed a writ petition, which was transferred to the Maharashtra Administrative Tribunal. The Tribunal allowed him to continue only until a candidate selecte…

The State of Bihar acquired 43.14 acres of land with trees under the Land Acquisition Act, 1894, and the Land Acquisition Officer valued the trees at Rs 2,466, a valuation upheld by the reference court and embodied in a decree dated 27 March 1980. The State paid compensation and the respondents appealed under Section 5…

The case concerned promotions of constables to head constables in the Kerala Police Subordinate Service. Senior constables who had failed a 1978 promotion test were later qualified in a 1981 test, but juniors who qualified in 1978 were promoted first under Rule 10(ii) of a 1963 order. The senior constables challenged t…

Tulsi Singh was convicted by a Special Court for the murder of his wife based solely on a confession he gave before a Judicial Magistrate. The appellant contended that the confession was not recorded in accordance with Section 164(2) of the Criminal Procedure Code, which requires the magistrate to caution the accused a…

Mis Sirdanwal Industries appealed against the Commissioner of Sales Tax challenging the classification of its brass wire under the Uttar Pradesh Sales Tax Act, 1948. The issue was whether the brass wire, an alloy of copper and zinc, fell within the entry "copper, tin, nickel, or zinc, or any other alloy containing any …

The Supreme Court examined whether the Karnataka High Court was justified in criticizing the appellant, V.L. Patil, for allegedly using his ministerial position to influence a land tribunal's decision. The High Court had linked Patil's role as a minister to the tribunal's order, despite finding no direct or circumstant…

The State of Madhya Pradesh acquired 33 bighas 15 biswas of agricultural land in 1964 for industrial purposes. The Collector initially awarded Rs 3,150 per bigha, which was later enhanced by the Additional District Judge to Rs 1 per square foot with statutory benefits. The High Court judges varied the compensation, ran…

The appellant claimed a patta (title deed) for land in Muzaffarpur that he said was granted by the Zamindar on 11 August 1950. The Collector, exercising powers under Section 4(h) of the Bihar Land Reforms Act, 1950, investigated and concluded that the patta was a fraudulent transfer intended to evade the Act, and there…

The Supreme Court examined an appeal by Baldev Singh and others challenging the Punjab & Haryana High Court’s reduction of compensation for land acquired under the Land Acquisition Act, 1894. The Collector had fixed Rs 16,000 per acre, the Additional District Judge raised it to Rs 30,000 per acre, and the High Court re…

The State of Kerala challenged a notification issued under the Kerala Preservation of Trees Act, 1986 that prohibited felling of all trees on a 60‑acre parcel which the Supreme Court had earlier declared not to be a private forest under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The respondents, who…

The appellants challenged the award of compensation for land acquired by the State of Maharashtra for a spinning mill near Nagpur. The Land Acquisition Officer had fixed compensation at Rs 5,000, Rs 3,000 and Rs 2,000 per acre for three categories of land. The reference court enhanced the compensation to Rs 0.40 per sq…

Durga Das purchased a share of land from Kewal Krishan, a member of a family that owned 14 cannals 18 marlas of land. The government acquired part of this land under the Land Acquisition Act, 1894, and the appellant claimed compensation as a tenant in occupation, relying on a mutation entry that listed him as a qualify…

The appellant's land, acquired under a notification issued pursuant to Section 4(1) of the Land Acquisition Act, 1894, was awarded compensation of Rs.10 per square yard by the Reference Court, relying on a Delhi High Court decision in A.N. Bialdari v. Union of India. The High Court had based its award on a market value…

The appellant’s land, measuring one bigha and 14 biswas, was acquired under a 1957 notification of the Land Acquisition Act, 1894. The reference court awarded compensation at Rs 10 per square yard, relying on the decision in A.N. Bhandari v. Union of India, which the High Court affirmed. The appellant argued that the m…

The case concerned a collision between a jeep driven by Shantaram Patki and a passenger bus, resulting in the death of R.J. Kulkarni. The trial court dismissed the claim for damages, deeming the accident inevitable, but the Bombay High Court reversed this, finding the bus driver negligent and upholding a compensation a…

The case involved the murder of Nanji, for which five persons were charged. The Sessions Court convicted two accused (K and M) under Section 302 IPC and acquitted the remaining three, including Dhanna, due to insufficient evidence linking Dhanna to the crime. The Madhya Pradesh High Court reversed Dhanna's acquittal, i…

The Patna Regional Development Authority (PRDA) invited tenders for a high‑rise building and received three bids, the lowest being from Rashtriya Pariyojana Nirman Nigam (RPNN), which had been black‑listed for five years by the State Water Resources Department. The PRDA’s Tender Committee rejected RPNN’s bid on the gro…

Pawan Kumar was appointed on an ad‑hoc basis as a Class IV field worker in Haryana. While in service he was convicted in a summary trial under Section 294 of the Indian Penal Code for an obscene act, pleading guilty and paying a fine of Rs 20. When his regularisation was considered, the authorities, relying on the conv…

The Haryana State Electricity Board advertised 62 junior engineer posts, stating that candidates with higher qualifications would receive preference. After screening, 212 candidates were shortlisted and 147 were appointed, far exceeding the advertised vacancies. The petitioners challenged the appointments, alleging vio…

The Assistant Collector of Central Excise appealed against Bata India Ltd. alleging that the manufacturer could not claim exemption under a notification that exempted footwear valued up to Rs.60 per pair when its wholesale price exceeded that limit. Bata argued that by deducting the 10% excise duty from the wholesale p…

The appellant, U.P. State Road Transport Corporation, was sued for compensation after its omnibus caused the death of Prem Chandra, aged 26. The claimants calculated loss of dependency based on a monthly surplus of Rs.200 and applied a multiplier of 24 years, which the Tribunal used; the High Court corrected the multip…

The children of deceased employees of the Himachal Road Transport Corporation applied for regular clerk appointments under the corporation's "kith and kin" policy, but no vacancies existed. The Administrative Tribunal directed the corporation to appoint the applicants immediately, and in one case even ordered the creat…

The respondent, Arunagiri Chettriar, retired from a partnership firm in 1963 and later the firm was dissolved. The Income Tax Officer issued a notice that the respondent was jointly and severally liable for tax arrears of the firm for assessment years 1962-63 and 1963-64, arguing that liability attaches to any partner …

The Supreme Court examined criminal prosecutions under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 against manufacturers of pan masala and mouth freshener whose products contained saccharin at 2000 ppm and 2450 ppm, exceeding the limits prescribed by Rule 47 of the 1955 Food Adulteration Rules. T…

The Multipurpose Health Workers Association, whose members are multipurpose health workers in Haryana, sought to have the higher pay scale of Rs 1200‑2040 applied to them from 1 May 1990, as stipulated in a State Government notification dated 26 July 1991. The State Government had instead granted the scale from 1 Janua…

The respondents, originally appointed as Junior Engineers on a work‑charged establishment, were later absorbed into the regular establishment but were omitted from the state‑wide seniority list. They contended that the Government of Maharashtra’s resolutions, which granted a "deemed date" of absorption for seniority pu…

The plaintiffs filed a suit for perpetual injunction to prevent the respondents from interfering with their possession of a specific plot of land. The respondents, in their written statement, claimed to have purchased a different plot and sought a counter‑claim for a permanent injunction to restrain the plaintiffs from…

The plaintiff, Pushpagiri Math, claimed ownership of a parcel of land that had been granted as a Bhatavarthi inam to the great‑grandfather of the respondent, Kopparaju Veerabhadra Rao, for services rendered. The respondent asserted title by prescription after the Inam Abolition and Conversion into Ryotwari Act, 1956 ca…

British Indian Corporation Ltd entrusted 147 bales of raw wool to Rashtaco Freight Carriers for transport. The carrier detained the goods and sued the owner for an injunction, claiming arrears of Rs 13,48,817.13 in transport charges. The owner filed a separate suit for recovery of the detained goods. The carrier applie…

The petitioners, tribal women from Bihar, challenged Sections 7, 8 and 76 of the Chota Nagpur Tenancy Act, 1908 as discriminatory against women and violative of Articles 14, 15 and 21 of the Constitution. The Court examined whether the Hindu Succession Act, 1956 and the Indian Succession Act, 1925 applied to Scheduled …

The Supreme Court considered an appeal by the Collector of Customs against a Karnataka High Court judgment that had allowed a writ petition filed by M/s. Lekhraj Jessumal and Sons. The respondents had imported miniaturised reed switches for electronic hearing aids, which the customs authorities held were not covered by…

The State issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire 105 acres for defence purposes. The Land Acquisition Officer initially awarded compensation of Rs.30 per square yard, which the civil court later enhanced to Rs.108 per square yard. The respondent appealed, and the High Cour…

The Bombay Environmental Action Group appealed to the Supreme Court against the Bombay High Court’s order closing contempt proceedings against builders who were constructing a building on plot No. 57. The High Court had held that the construction did not violate its earlier interim injunction dated 23‑03‑1992, which wa…

The appellant, representing the Patni Jamat, sought an occupancy certificate from the Mamlatdar in 1951 for land to be used as a Kabristan. A later suit (Suit No. 151/66) declared that all four jamats were jointly entitled to the land, and an injunction was placed against the appellant; this decree was reversed on appe…

The appellant, a government employee, sought annual increments of Rs.100 on his pay scale as directed by a previous Supreme Court order, arguing that after reaching the maximum of the scale the increments should continue as special pay. He also claimed entitlement to local allowances on par with the Punjab pattern afte…

The appellant S. Noordeen challenged the validity of a sale of properties that had been attached before judgment in a suit (O.S. No. 95/53) to recover a debt from D.J. Gonzaga. The properties, including items 1‑7 attached under Order 38 Rule 6 of the CPC, were incorporated in a compromise decree dated 3 April 1954 and …

The Air India Statutory Corporation, originally a statutory authority and later a company, employed union members as contract labour for cleaning and related services. The Central Government, as the appropriate Government under the Contract Labour (Regulation and Abolition) Act, 1970, issued a 1976 notification abolish…

The Government Engineering College in Bhatinda was transferred to an autonomous society in 1992. The college’s staff, who were government employees, filed writ petitions seeking absorption into regular government service rather than being transferred to the society. The Punjab & Haryana High Court ordered that all of t…

The Supreme Court examined three groups of appeals concerning the classification of silicone products for Central Excise and Customs duties. It held that silicone oil that has undergone condensation, polycondensation or polyaddition falls under Central Excise Tariff Item 15A(1) and the corresponding Customs heading 39.…

The appellant, Gulab Devi, succeeded to her father's tenancy under Section 35 of the Uttar Pradesh Tenancy Act, 1939, along with her sister Ram Kumari. After the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 came into force, Ram Kumari died unmarried while Gulab Devi was already married. The Deputy Direc…

The appellant, K.P.A. Vellayappa Nadar, was a partner in a firm formed in 1954. In February 1970, due to his old age, the partners mutually dissolved that firm and settled accounts, and a new partnership was created on 15 February 1970 without the appellant. After the death of one partner in 1972, the respondents filed…

The respondent, Paro, sued Tulsi for possession of agricultural land, alleging Tulsi was merely a licensee who cultivated the land on her behalf. Tulsi contended he was a tenant at will, a status reflected in revenue records from 1951‑52 to 1971‑72 where he was listed as "Gar Marusi" and he had enjoyed uninterrupted po…

Jai Dayal sued Krishan Lal Garg for a perpetual and mandatory injunction to keep a 5‑ft passage between their houses free from obstruction. The trial court granted the injunction in 1964, which was confirmed on appeal. After the obstruction was initially removed, Garg later built a shop that completely blocked the pass…

The Supreme Court considered a review petition (No. 2070 of 1996) filed by Shri Prabir Chowdhury on behalf of M. Poornachandran and others against a judgment of the Madras High Court. The petitioner was not the advocate‑on‑record (AOR) who argued the original appeal, nor was he present during the proceedings. The Court…

V.K. Nigam, a Sub‑Inspector, was found to have received illegal gratification from a gambling organiser and was dismissed from service after a departmental inquiry. He challenged the dismissal, contending that he was not furnished with the preliminary inquiry report, violating natural justice, and that the statement of…

The appellants, employers, had their regular employees perform overtime work and paid them overtime wages as per an agreement. The question before the Supreme Court was whether such overtime remuneration falls within the definition of "wages" under Section 2(22) of the Employees State Insurance Act, 1948, especially wh…

Navaneethammal, the plaintiff, purchased land and sued Arjuna Chetty, the tenant, for declaration of title and recovery of possession. The tenant claimed he had surrendered the lease, re‑entered the land and acquired title by adverse possession, contending that the suit was barred by Article 139 of the Limitation Act. …

The petitioner, an ad‑hoc employee, applied for the post of Senior Auditor under the Orissa Auditors Service Rules, 1987. Three candidates were shortlisted, and the Selection Board awarded extra marks for post‑graduation and honours qualifications, resulting in S. Sahu being selected. The petitioner challenged the awar…

The case concerned the cancellation of a select list of 106 candidates for Ticket Collector posts after a CBI preliminary report indicated that examination papers had been leaked and mass copying occurred. The candidates challenged the cancellation, contending that the Divisional Manager lacked authority, that the orde…

The appellant transferred one acre and 65 cents of land with a building to his father for his lifetime enjoyment, stipulating that after the father's death the property would be used as a Muslim Jamat mosque. While the father was still alive, the appellant executed a second deed cancelling the earlier provision. The ce…

The petitioner, a lessee of sand stone in Rajasthan, failed to file the required returns under the Rajasthan Mineral Concession Rules, 1986, prompting the Assessing Authority to make a best‑judgment assessment under Rule 38(3) based on a government circular of 17 October 1987. A random weighment of a truck revealed 12 …

British Machinery Supplies Co., a manufacturer of sewing machines, imported rotating hooks with bobbin cases intended for industrial sewing machines. The Assistant Collector of Customs levied a higher duty under heading 84.2 (domestic sewing machines) instead of the 40% duty under item 84.41(1) (not elsewhere specified…

Lipton India Ltd. and Brook Bond India Ltd., tea companies, maintained godowns in 1968 where a single salesman opened and closed the premises, loading tea onto a manually‑operated push‑cart for door‑to‑door sales. They sought clarification on whether such premises required registration under Section 7 of the Bombay Sho…

The widow, a destitute and widowed daughter, adopted her brother as her son with her father's consent. The father and the adopted son jointly gifted her agricultural land in 1950, stipulating that the land would revert to them (or their heirs) upon her death. After the Hindu Succession Act, 1956 came into force, the wi…

The Gaon Sabha of Kirari Suleman Nagar complained that a co‑sharer, Narender Singh, had converted agricultural land to non‑agricultural use, violating Section 81 of the Delhi Land Reforms Act, 1954. A notice was served on Singh to restore the land to agricultural use within three months or face ejectment and vesting of…

The appellants challenged the validity of a gift of a house and its appurtenant land made by the father‑in‑law to the respondent, who was already in possession of the property. The gift was evidenced by an oral declaration and a written deed that had not been registered. The trial court and the High Court held that the…

The Naihati Municipality resolved to rehabilitate hawkers by acquiring land, but lacked funds, so the hawkers' union contributed Rs 3,90,000 which was deposited with the municipal commissioner and became part of the municipality’s funds. The Government issued a notification under Section 4(1) of the Land Acquisition Ac…

The petitioners challenged the acquisition of 3,470 acres in Naraina village for the "planned development of Delhi" on the grounds that the land was not required for a public purpose and that the substance of the notification under Section 4(1) of the Land Acquisition Act, 1894 had not been properly published in the lo…

The Delhi Development Authority (DDA) auctioned a plot of land in 1980, which was won by Skipper Construction Company (Skipper). Skipper paid only 25% of the price, repeatedly defaulted on the balance, and despite court orders continued to sell space in the proposed building, collecting about Rs. 25 crore from purchase…

The petitioners, members of Paschim Banga Khet Mazdoor Samiti, filed a writ petition under Article 32 on behalf of Hakim Seikh, who suffered serious head injuries after falling from a train and was repeatedly denied admission in several government hospitals due to lack of beds and facilities, eventually receiving treat…

The Supreme Court examined the murder of Parshadi Lal, in which Hari Shanker fired a licensed 12‑bore gun belonging to Shiam Behari, killing the victim while the motorcycle was being pushed. The Court held that the medical evidence of blackening and a cork wad indicated a firing distance of roughly three feet to two ya…

The Supreme Court examined the Railway Board's 15 May 1987 memorandum that altered recruitment and pay scales for Traffic/Commercial Apprentices. It held that the memorandum did not revise pay for all apprentices but only for higher‑grade Traffic/Commercial Inspectors, and that the Board acted within its authority unde…

The State of West Bengal and others directed the appellant to grant registration and subsidy under the West Bengal Cinemas Development Scheme, a direction issued by a single High Court judge under Article 226. While the appeal against that direction was pending, contempt proceedings were initiated against the appellant…

The appellant, Dharmvir, was elected to the Haryana Legislative Assembly from the Toshan constituency in June 1987. Petitioners alleged that during the counting of votes, Dharmvir's agents double‑marked, defaced and mutilated ballot papers cast for the rival candidate, Bansi Lal, and intimidated the Returning Officer t…

The Bihar Legislature enacted the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993, imposing a tax of up to 5% on scheduled goods entering any local area in the State. The Patna High Court struck down the Act on grounds that it violated Article 301 of the Constitution, was not…

Marikar Motors Ltd., a dealer in motor trucks, sold vehicles on a hire‑purchase basis where the agreement stipulated a two‑year period and an option to purchase at the end. The dispute before the Supreme Court concerned when, for purposes of the Kerala Sales Tax Act, a sale is deemed to occur – whether automatically at…

The petitioner, a former semi‑skilled workman who later became an Assistant Store Keeper, claimed that he was unfairly excluded from promotion to the OEP Section, alleging a violation of his right to consideration. The Central Administrative Tribunal (CAT) dismissed his application through a single‑member bench. He cha…

The Supreme Court examined the constitutional validity of Section 4 of the Uttar Pradesh Amendment Act 33 of 1972, which abolished letters‑patent appeals from judgments of a single High Court judge in writ jurisdiction concerning revenue and tenancy matters. The petitioners challenged the amendment on the ground that i…

The appellant‑defendant challenged the trial and Kerala High Court judgments that upheld a suit for recovery of Rs 1.5 lakhs on a promissory note (Ex A) executed for the transfer of 3 acres 44 cents of land and a building. The appellant contended that the note was purportedly for cash consideration, that the underlying…

The State of U.P. filed an FIR against O.P. Sharma, manager of Modi Paints and Varnish Works, for storing large quantities of edible oils without a licence under the U.P. Oil‑seeds and Oil‑seeds Products Control Order, 1966 and the Edible Oil‑seeds and Edible Oils (Storage Control) Order, 1977. The High Court quashed t…

Dr. R.K. Goyal was appointed on an ad‑hoc basis as a lecturer in orthopaedics in a Uttar Pradesh medical college in 1983 without the three‑years teaching experience that the Public Service Commission later stipulated in its advertisement. The appointment was subsequently regularised under the Uttar Pradesh Regularisati…

The respondents, sons of a West‑Pakistani resident who migrated to India in 1947, filed an application on 19 December 1955 under Section 4 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 seeking rehabilitation compensation for land in Pakistan. The authorities verified the claim and allotted land b…

The petitioner, a contractor for Indian Oil, hired the respondent truck owner to transport 12,000 litres of oil. An accident caused a leak and only 1,755 litres were delivered, leading the petitioner to sue the truck owner and the insurer, Oriental Fire & General Insurance Co., for the shortfall. The trial court decree…

The Supreme Court heard appeals against a Patna High Court order that, in an application for extension of time, directed all CBI investigation reports in the Bihar "Fodder Scam" to be submitted directly to the High Court and barred the Director of the CBI from intervening in the investigation. The Court held that the D…

Syed Abu Thakir was injured while alighting from a bus owned by the appellant and died en route to the hospital. His family claimed Rs 92,000 compensation from the bus owner, the insurer, and the driver. The Motor Vehicles Tribunal awarded the full amount but limited the insurer's liability to Rs 10,000, invoking Secti…

Advocate Ajay Kumar Pandey filed petitions and letters containing intemperate, insulting language against two Supreme Court judges, demanded apologies and compensation, and threatened to prosecute them, also filing a criminal complaint in a magistrate's court. The Supreme Court, after giving him opportunities to delete…

The appellant, Orissa Mining Corporation, dismissed its Assistant Accounts Officer, the respondent, after a disciplinary inquiry found him guilty of making false notings that led to loans being sanctioned to ineligible persons and of failing to maintain proper registers. The respondent challenged the dismissal before t…

The appellant, an army personnel, was convicted of murder and causing injuries with a khukri in a barracks. He appealed, asserting that he was a diagnosed paranoid and therefore incapable of understanding his acts, seeking protection under Section 84 of the Indian Penal Code. The Supreme Court examined whether the ment…

The State of Madhya Pradesh prosecuted Dhirendra Kumar for the murder of Munibai, alleging motive stemming from an 'evil eye' and supported by eye‑witness testimony, a dying declaration, and the recovery of the murder weapon, a revolver stolen from the police malkhana. The trial court convicted Kumar under s.302 IPC an…

The Lt. Governor of Delhi authorized Raj Kumar Gupta, Patron of a workers' union, to file a complaint under Section 34 of the Industrial Disputes Act, 1947 against the employer for alleged unfair labour practices punishable under Section 25‑U. The employer challenged the order, and the Delhi High Court set it aside, ho…

The respondent, a commissioned officer who retired in May 1982, was denied a pension because, under the rules then in force, only two‑thirds of his pre‑commissioned service counted toward the qualifying service required for pension eligibility. In 1986 the government issued revised pension rules that allowed the entire…

The appellant, a mortgagor of a property under a usufructuary mortgage, filed a redemption suit seeking to pay the mortgage amount of Rs.18,000. The trial court passed a preliminary decree on 22 November 1960 directing redemption on deposit of the mortgage money, payment of mesne profits, and a provision for claiming i…

Shantinath Ramu Danole and his mother Housabai (deceased) sued Jambu Ramu Danole for partition of ancestral land, claiming a two‑thirds share as the legitimate son and widow of Ramubabu Danole. The defendant denied that Housabai was ever married to Ramubabu and claimed sole ownership. The trial court accepted the testi…

The State of Gujarat appealed against an order of the National Consumer Disputes Redressal Commission which had upheld a Gram Panchayat's claim to a subsidised electricity rate. The appellant argued that the question of pricing did not fall within the jurisdiction of the consumer redressal forums. The Supreme Court hel…

The appellant, one of four defendants in a suit for specific performance, challenged a decree of the appellate court before the Allahabad High Court. While three appellants were represented by counsel who appeared, the appellant had changed his advocate, and the new counsel failed to appear on the scheduled hearing dat…

The Indore Development Authority sought to acquire 4.85 acres of land under Town Improvement Scheme No. 54 framed under the Madhya Pradesh Town Improvement Trust Act, 1960. The Government sanctioned the scheme and a notification under Section 71(2) of the Act was published on 22 August 1973, which, according to the Sup…

The appellant, Sri Chowdegowda, claimed to be the legitimate son of the deceased, Machine Chowdegowda, and sought his share in a partition of ten acres of wet land, five point three acres of dry land and thirty gunthas of house site. The dispute centered on whether a customary Kuduvali marriage that allegedly took plac…

The case arose from a fatal roof collapse in the South Govindpur Colliery on 30 June 1989, which killed five miners and injured two. The senior mining engineer, Babular, and the manager, Maheshwari Sharma, were alleged to have been absent and to have failed to take safety precautions, leading a fact‑finding committee t…

Rameshwar Dubey and others filed a suit on 15 February 1973 under Section 31 of the Specific Relief Act seeking declaration that two sale deeds (dated 12 July 1966 and 14 December 1970) were void because fraud had been perpetrated on the plaintiff. The trial court and the Patna High Court held that the fraud rendered t…

City Mills Distributors Pvt. Ltd. was incorporated on 30 October 1972. Its promoters had earned Rs. 24,862 from business carried out between 1 and 20 October 1972, before the company existed, and the Income‑Tax Officer included this amount as pre‑incorporation profit in the company's assessment for AY 1974‑75. The Trib…

The petitioners, owners of buildings claimed to be exempt from property tax under Section 99 of the Cantonment Act, appealed an assessment order without depositing the tax as required by Section 87. The appellate authority allowed the appeal, invoking the exemption, which led the Cantonment Board to file a writ petitio…

M.C. Dhingra, who had rendered temporary service in a State Government before joining the Central Government and retired on 1 February 1973, sought a proportionate pension for that earlier service. The Government of India issued a circular on 31 March 1982 allowing such pensionary benefits but limited them to employees…

The appellant, L. Rajaiah, a Junior Assistant in the Andhra Pradesh Registration and Stamps Department, was temporarily promoted to Senior Assistant in 1989 but later had to relinquish the post when senior officers were reinstated. In 1991, two Senior Assistant posts were created, yet the appellant was passed over in f…

Shyama Devi, a teacher employed by the State of Bihar, died on 17 August 1988 and had nominated certain persons to receive her General Provident Fund (GPF) benefits. The nominated claimants were paid the GPF amount. The deceased's brother's son, Chhangur Prasad Seth, later produced a succession certificate and claimed …

The State of Orissa acquired about 120 decimals of land in Bhubaneswar for a road extension under the Land Acquisition Act, 1894. The landowner, Rajakishore Das, constructed a building on the land without obtaining municipal permission, despite knowing that the land was subject to acquisition. After the acquisition awa…

The Rajasthan State Road Transport Corporation terminated Ladulal Mali's service in 1983, a termination later confirmed by an appellate authority. Mali filed a suit seeking a declaration that the termination was illegal; the District Munsif declared the termination void and against natural justice. Mali then filed an e…

The manager of a village cooperative Samiti (the second respondent) was dismissed on charges of embezzlement. Claiming that the dismissal order was never served, he filed a civil suit for injunction, which was later withdrawn, and also lodged a complaint under Section 28‑A of the Rajasthan Shops and Establishment Act. …

The assessee, Park Hotel Ltd., held leasehold interests in several premises and sub‑leased a portion to an associated company, Surrendra Overseas Ltd., under an unregistered deed. Rental income received by Surrendra was claimed to be taxable in its hands as income from house property, which it contested, leading to a T…

The appellant‑Commissioner of Income Tax appealed against the Calcutta High Court’s decision that the assessment of Manoharlal Gupta & Co. as an unregistered firm for AY 1961‑62 was improper. The firm had been assessed by one Income‑Tax Officer (ITO‑C) while a partner, Manoharlal Gupta, had earlier been assessed by ano…

Inspector Dharamveer of the Border Security Force was murdered on 26 October 1990 by the accused, Nazir Ahmed Sheikh. The accused was arrested on 8 March 1991 and a charge‑sheet was filed on 6 March 1992. The issue before the Court was whether the charge‑sheet was filed within the one‑year limitation prescribed under S…

Around 300 acres of agricultural land in Belgaum were requisitioned in 1942 for an Air Force station. The acquisition notification was issued only in 1983 and the Land Acquisition Officer fixed compensation at Rs.6,000 per acre, which the civil court enhanced to Rs.70,400 per acre using a hypothetical layout method. Th…

The U.P. State Sugar Corporation entered into a contract with M/s Sumac International Ltd. for the supply and installation of a sugar plant, requiring the seller to furnish several irrevocable bank guarantees payable on demand. The contract was not completed within the stipulated or extended time, leading the appellant…

Mis Hindustan Ferodo Ltd. appealed against the finding of the Customs, Excise and Gold (Control) Appellate Tribunal that its asbestos rings and fabrics fell under Item 22‑F of the Central Excise Tariff. The appellant submitted affidavits from a senior manager and an experienced asbestos dealer stating that the rings we…

Thirteen persons were tried for the murder of Mohan Lal on 11 June 1984. The trial court convicted eleven, acquitting two; the High Court later acquitted eight of the convicted and upheld the conviction of three appellants under sections 148 and 302/149 IPC. The appellants challenged the reliance on the sole eye‑witnes…

The petitioners, a retired employee of Indian Oxygen Ltd. and a pensioners’ society, challenged the scheme of the company’s non‑contributory approved superannuation fund. They argued that improvements made to the fund in 1985 should have been extended to existing pensioners and that the denial of such benefits violated…

The Supreme Court revisited the implementation of its earlier Mandal judgment, which required the exclusion of socially advanced persons (the "creamy layer") from reservations for Other Backward Classes (OBCs). The State of Kerala had repeatedly failed to comply with the Court's directions despite multiple extensions, …

The Supreme Court examined the arbitrary allotment of fifteen petrol pumps by the then Minister of Petroleum, Capt. Satish Sharma, finding that the allocations were made without any official application, advertisement, or criteria, and favoured relatives and associates, thereby violating Article 14 of the Constitution.…

The petitioner had placed a bid in a 1993‑94 toll‑lease auction but could not take over the lease because the earlier contractor obtained a stay that later lapsed. For the years 1995‑97, instead of conducting a fresh auction, the Executive Engineer recommended that the petitioner be granted a lease for the same amount,…

Major R.N. Mathur was granted a permanent NCC commission in 1980 with an appointment letter stating that, if fit, he could serve until the age of 55. The Central Administrative Tribunal directed that he be retained in service until the age of 57. On appeal, the Supreme Court examined whether the appointment letter and …

The appellant Union of India appealed against a decision of the Central Administrative Tribunal which had granted the respondent, K.R. Thampi, a higher pay scale of Rs. 2200‑4000 (Assistant Director) after he was re‑allocated from a temporary veterinary post to the Geological Department as an Administrative Officer. Th…

The Sowrashtara Vipra Sabha filed a suit seeking a declaration of title and a perpetual injunction over land it claimed as an estate. The respondents, Namakkal Municipality and others, argued that the land was Pavadi land which, after the abolition of the estate, vested in the State free of encumbrances. Lower courts h…

The appellant, Kumbhar Dhirajlal Mohanlal, was charged with murdering his wife, Hansaben, by pouring kerosene on her and setting her on fire. The deceased gave three dying declarations—before a doctor, a head constable, and an executive magistrate—stating that her husband had set her ablaze. The trial court acquitted t…

The Supreme Court examined a coupon scheme operated by Sri Srinivasa Sales Circulation where a customer paid Rs.5 for a coupon, received three coupons for Rs.16 each, sold them to three persons for Rs.5 each, and ultimately obtained an article of his choice after the downstream purchasers cleared their payments. The As…

The respondent applied for allotment of a plot from the Tamil Nadu Housing Board in 1987, paid the required amount, but the plot was later converted into a public road and thus unavailable. After years of inactivity, the Board offered another plot on the condition that the respondent certify he owned no flat or plot, w…

The respondent, then an Inspector of Police, was named in a charge memo alleging misconduct after a raid uncovered material linking him to illegal payments. He challenged the memo before the Tamil Nadu Administrative Tribunal, which set it aside on the ground that the charges were vague. The Supreme Court examined whet…

The respondent, Sushil Kumar, applied for recruitment as a constable in the Delhi Police in 1989‑90 and was provisionally selected pending verification of his character and antecedents. The verification revealed antecedent records that the appointing authority deemed unsuitable, and his provisional selection was cancel…

The Union of India sought to acquire two bighas of land in Siraspur and Libaspur for shifting the timber market under the Delhi Master Plan 2001. The acquisition was effected by a notification under Section 4(1) of the Land Acquisition Act, 1894, with the enquiry under Section 5A dispensed with by invoking the urgency …

The deceased V. Madhava Raja left unpaid income tax, wealth tax and agricultural income tax. A partition suit was filed, and the State sought to recover the tax dues by attaching the estate, eventually ordering the sale of the property Devi Vilas Palace by public auction. The auction purchaser sought extensions and wit…

The respondents, Shankar Trading Co. Pvt. Ltd. and others, bought khairwood (a forest agricultural produce) and processed it through a series of physical and chemical steps to produce katha, a catechu product listed in the schedule of the Himachal Pradesh Agricultural Produce Marketing Act. The Himachal Pradesh Marketi…

The first respondent entered into an agreement on 11 March 1983 to purchase 3 acres 28 gunthas of land for Rs.12,000, paying Rs.2,000 as earnest money. The petitioner‑second defendant subsequently bought the same land on 8 July 1983 for Rs.6,000 and registered the sale deed. The first respondent sued for specific perfo…

The respondent, Jaswant Singh, filed a suit seeking declaration of title and possession of a parcel of land. The petitioner, Shromani Gurudwara Prabandhak Committee, initially denied any title of the alleged owner, Isher Singh, in its first written statement. After trial, the petitioner sought to amend its written stat…

The Municipal Board of Hapur had set up a bus stand and, by resolution, increased the daily fee for its use from Rs 0.50 to Rs 0.75. Transport operators (the respondents) challenged the fee, arguing that the municipality lacked authority to levy it and that the increase was ultra vires. The Allahabad High Court struck …

The Supreme Court entertained a public‑interest writ filed by Common Cause seeking enforcement of statutory provisions that require political parties to disclose their sources of funding and maintain audited accounts. The Court examined the obligations under Section 293A of the Companies Act, 1956, Sections 13A, 139(48…

The appellants, dealers in petrol and diesel in Mahe, challenged the levy of a municipal tax on fuel and the subsequent Pondicherry Municipal Decree (Levy and Validation of Taxes, Duties, Cesses and Fees) Act, 1973. The High Court had struck down the original levy and later upheld the Validation Act as intra vires. On …

The petition was filed by Bhim Singh, President of the Jammu & Kashmir Panthers Party, seeking a declaration that Section 30(d) of the Representation of the People Act, 1951, which allows the Election Commission to fix poll dates without specifying a maximum interval after withdrawal of nominations, violates Article 14…

The appellant, VAZIR GLASS WORKS Ltd., sought closure of its loss‑making factory under s.25‑0(1) of the Industrial Disputes Act, 1947, but the Maharashtra Government rejected the application on 12‑Oct‑1992. The company filed a review application under s.25‑0(5) within the one‑year period, which remained pending when th…

The appellant, a Syrian Catholic (a forward caste) married a Latin Catholic fisherman (a backward class) and was appointed as a lecturer to a post reserved for Latin Catholics under Articles 15(4) and 16(4) of the Constitution. The appointment was challenged on the ground that she was not entitled to reservation benefi…

The Textile Processors' Association filed a Special Leave Petition before the Supreme Court challenging a Gujarat High Court order that directed its member industries to pay 1% of their gross turnover towards pollution control, despite many of the industries not yet being operational and incurring losses. The petition …

The appellant, Rajbir Singh, challenged the inter-se seniority between himself and M.P. Sharma, who had been appointed to an additional post as a general candidate. The High Court had dismissed the writ petition without addressing the seniority issue because Sharma was not made a party to the proceedings. On appeal, th…

The appellants were served a notice under Section 340 of the Criminal Procedure Code for prosecution under Sections 194 and 195 of the Indian Penal Code, alleging that they had fabricated a false case against two elderly women. The Sessions Judge relied on statements recorded under Section 161 CrPC and on the physical …

Munishwar Dutt Pandey, the senior-most lecturer, was appointed ad hoc Principal of Brijendra Mani Inter College on 1 July 1988 after the previous principal retired. The college’s managing committee later ratified this appointment on 29 October 1988. When the Uttar Pradesh Secondary Education Services Selection Boards (…

The State of Bihar enacted the Bihar Excise (Amendment and Validating) Act, 1995 to give statutory basis to the price fixation of country liquor and the deduction of a 0.70‑paise warehouse‑maintenance charge that had been ordered by the Excise Commissioner. Distilleries challenged the Act, arguing it was beyond the Sta…

U.D. Dwivedi, a scientist in the Defence Research and Development Organisation, challenged his promotion assessment on the ground that the Recruitment and Assessment Centre (RAC) was chaired by Prof. S. Sampath, a former member of the Union Public Service Commission (UPSC). The Central Administrative Tribunal held the …

The case involved the murder of Girishbhai, a VHP secretary, for which 63 persons were charged under Section 302 IPC and Sections 3 and 4 of the TADA Act. Nine appellants were convicted by the designated court based largely on eye‑witness identification. On appeal, the Supreme Court examined the reliability of the iden…

The Supreme Court examined the method for fixing inter se seniority among three categories of officers (Group A, B and C) in the Rajasthan Engineering Subordinate Service (Irrigation Branch) for promotion to Assistant Engineer. Group A officers were temporarily appointed before 30 June 1978, while Group B and C officer…

The National Commission for Scheduled Castes and Scheduled Tribes issued an interim order directing Indian Overseas Bank to halt its promotion process pending investigation of complaints relating to reservation. The bank and the candidates filed a writ petition, and the Delhi High Court set aside the Commission’s order…

Hindustan Steelworks Construction Ltd., a government company registered as a principal employer under the Contract Labour (Regulation and Abolition) Act, 1970, engaged M/s Investigation and Security Services India Pvt. Ltd. as a licensed contractor to supply security staff. The contractor paid the workers lower wages t…

The appellant, a workers' union, challenged the constitutional validity of Sections 9(2), 10(2), 12(1) and 26 of the Central India Spinning, Weaving and Manufacturing Company Limited, the Empress Mills, Nagpur (Acquisition and Transfer of Undertaking) Act, 1986, alleging violations of Articles 14, 19(1)(c) and 21 of th…

The respondents, children of a deceased pakka tenant, sued to declare a 1960 sale deed executed by their mother invalid, alleging that her remarriage in 1958 forfeited her tenancy rights under the Madhya Bharat Land Revenue and Tenancy Act. The trial court, appellate court and High Court held that the mother lost her r…

The Supreme Court examined the compensation payable for the acquisition of 33 acres 84 cents of agricultural land in West Godavari district for FCI godowns. The Land Acquisition Officer had fixed Rs 32,500 per acre, which was enhanced by a Subordinate Judge to Rs 90,000 per acre, a decision later set aside by the Andhr…

The appellant's 60 bighas of land, requisitioned in 1959 under the Assam Land (Requisition and Acquisition) Act, 1948 for settlement of Bangladesh refugees, was compensated at Rs. 300 per bigha under Section 7(1A). The appellant argued that the land, originally granted in 1872 for "special cultivation," should attract …

The Karnataka State Financial Corporation (KSFC) had extended loans to a rubber manufacturing company (Respondent No.1) which defaulted, leading KSFC to take over the unit under Section 29 of the State Financial Corporations Act, 1951 and initiate its sale. After several advertisements, offers were received: the highes…

The Supreme Court examined whether a retired employee of the State Bank of India, who had been elected General Secretary of the SBI Staff Association before his retirement, could continue to represent the union and negotiate with management. The appellants argued that Sections 6(e) and 22 of the Trade Unions Act, 1926 …

The case concerned the alleged conspiracy by senior officials of the Jammu & Kashmir Power Department to award transport contracts for bamboo poles at inflated per‑kilometre‑per‑pole rates, causing wrongful loss to the State. The prosecution proved that the officials deliberately selected non‑transport firms, fixed unr…

The appellant, Commissioner of Wealth Tax, challenged the High Court's order that allowed a deduction of a Rs 30 lakh decree amount as a debt owed by the assessee, Raja Vishwanath Pratap Singh, under the Wealth Tax Act. The decree arose from his father's debts under the U.P. Encumbered Estates Act; the father's estate …

The Municipal Corporation of Delhi (MCD) assessed property tax on flats allotted to Trigon Investment and Trading Private Ltd. (the respondent) despite the absence of a registered sale deed and without serving a notice under Section 126 of the Delhi Municipal Corporation Act, 1957. The respondent argued that, without s…

Dr. SMT. Shipra filed an election petition challenging the election of S.L. Khotwal on grounds of corrupt practices. The petition and its supporting affidavit were served on the returned candidate, but the copy of the affidavit omitted the notarized verification required by Form 25 under Rule 94‑A of the Conduct of Ele…

The case concerned penalty proceedings for the assessment year 1972-73 that had been referred to the Inspecting Assistant Commissioner (IAC) under Section 271(1)(c) and Section 274(2) of the Income Tax Act. The Taxation Laws (Amendment) Act, 1975 deleted sub‑section (2) of Section 274 with effect from 1 April 1976. The…

The deceased wife was attacked by her husband, who beat her, poured kerosine on her and set her on fire. She gave two dying declarations, one to an Executive Magistrate on the day of the incident and another to a Sub‑Inspector the following day, both describing the accused's actions. At trial, the Sessions Court convic…

The dispute arose over the lease of the Opera House, a cinema building in Bangalore, which included fittings, furniture and some machinery but excluded projectors, amplifiers, screen and speakers. After a series of lease deeds spanning from 1944 to the 1970s, the respondents sought eviction of the appellants, arguing t…

The respondents were daily‑wage workers engaged on a muster‑roll under a Central Scheme and were paid from Central Government funds. After the scheme was completed and closed due to lack of funds, their services were terminated. They filed a writ petition in the Himachal Pradesh High Court, which issued an interim dire…

The respondents were daily‑wage workers engaged on a muster‑roll under a Central Government scheme in Himachal Pradesh. After the project was completed and closed due to lack of funds, they were dismissed. They filed a writ petition in the Himachal Pradesh High Court, which issued an interim direction ordering their re…

The petitioners, Bihar State Food and Supplies Corporation Ltd., sought to have suit No. 398/89, which had been transferred to the Subordinate Judge, Patna, re‑transferred back to that court for trial, arguing that the earlier order for a joint trial with suit No. 1028/78 had outlived its purpose. The respondents oppos…

The appellant, Baby Ammal, owned a property in Trivandrum and filed a suit for possession and a declaration that the respondent, Rajan Asari, was merely a licensee. The trial court decreed in favour of the appellant, but the Kerala High Court reversed the decision, holding that a deed executed in 1966 was a valid gift …

The appellant, Masjid Farikunda Mosque, filed a suit for ejectment and possession of a house, claiming it had purchased the super‑structure in 1975 from Mohd. Hussain. The third respondent had earlier bought the same land and super‑structure by a registered sale deed in 1969, making him the true owner. The Madras High …

The trial court passed a decree in favour of the respondent, which the appellant sought to execute. While the decree was being executed, the respondent filed a revision and the High Court stayed the execution. Counsel for the appellant, unaware of the stay, claimed no revision was filed, leading the executing court to …

The appellants' mother filed a suit for perpetual injunction against Dr. Shanti Mathur to prevent alienation of a family property, later filing suits for partition and for a declaration that Dr. Mathur was a benamidar and the property belonged to the joint family. An application was made to amend the plaint to allege t…

The respondents filed an election petition alleging corrupt practices by the appellant, Bashir Musa Patel, under the Representation of the People Act, 1951. The petition was found to lack the specific particulars required by Section 86(5) of the Act. The Bombay High Court, while acknowledging the deficiency, directed t…

The case concerned the promotion of Junior Telecom Officers where 15% of the posts were reserved for Scheduled Castes (SC) and Scheduled Tribes (ST). In the competitive examination, several SC/ST candidates failed to meet the general qualifying marks, prompting the government to constitute a Review Committee as per Cir…

The deceased Madavan was killed in a night-time attack allegedly orchestrated by his brother Krishnan and nephew Vijay Kumar, who waited under a tree and assaulted him with knives. The trial court acquitted the accused, but the Kerala High Court convicted them under Section 302 read with Section 34 of the Indian Penal …

Mohan Singh Rathore, a Rajasthan State Police Service officer, was placed on the select list for promotion to the Indian Police Service (IPS) and his name was approved by the UPSC. The State Government failed to issue the mandatory "no deterioration certificate" before his retirement on 31 May 1988, and consequently hi…

The sole appellant died while his appeal was pending before the High Court. The death was notified late, and the appellant's counsel could not locate the legal heirs to file a substitution application within the prescribed time, leading the High Court to declare the appeal abated and dismiss it. An application filed la…

The teachers (respondents) misused Leave Travel Concession benefits in 1981‑82, leading to recovery actions in 1984‑86. They filed applications before the Karnataka Administrative Tribunal challenging the government's right to recover the amounts. In August 1989 the Tribunal, in similar cases, held that the government …

D. Radhakrishnan, appointed to the Tamil Nadu State Police Service in 1979, was transferred to a cadre post in July 1980 and continuously officiated there. He was first placed on the UPSC‑approved select list in 1979 (continued for 1980), omitted in 1981 due to lack of vacancies, and re‑included in 1982. The Central Ad…

The Allahabad Development Authority had acquired 23 bighas 19 biswas of land for a Transport Nagar Scheme by issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 and taking possession on 2 November 1977 under Section 17(4). The acquisition was later declared to have lapsed under Section 11-A of t…

The Union of India and another party, as tenants of a plot in Worli Estate, challenged a compensation award made by the Special Land Acquisition Officer under the Land Acquisition Act, 1894. They argued that the award of Rs. 8300 per square foot was excessive and that, as tenants, they were entitled to pro‑rata compens…

The case concerned a piece of land acquired under the Land Acquisition Act, 1894 for a public purpose. After the acquisition, a dispute arose over who was entitled to receive the compensation. The single judge had declared the title in favour of the petitioner and the division bench directed a civil court to determine …

The petitioners challenged the acquisition of land by the State of Maharashtra under the Maharashtra Regional Town Planning Act and the Land Acquisition Act, 1894, arguing that surplus land should be returned to them based on a government resolution. The land had been taken in 1974, an award was made in 1977, and after…

Sarvinder Singh filed a suit for declaration of ownership of land based on a registered will of his mother dated 26 May 1952, also relying on an earlier decree granting him possession. He obtained an interim injunction against the defendants, which was later vacated. The defendants, heirs of Rajender Kaur, alienated th…

Ms. Anjali Bepari was appointed as a Gram Sevika under the Central Social Welfare Board Scheme against a casual vacancy on 11 February 1992 and sought regularisation of her services. The Single Judge of the Calcutta High Court rejected her claim, holding the appointment was not in accordance with the rules, but a Divis…

ELPRO International Ltd., a manufacturer of X‑ray components, obtained a final order from a three‑member bench of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) which was later rectified by another three‑member bench. Subsequent applications for further rectification were heard by a two‑member bench …

Sundaram Clayton Ltd. issued 20,40,000 worth of bonus shares by capitalising its general reserves in the assessment year 1971-72 and claimed that the bonus issue should be proportionately added to its share capital for the purpose of computing capital under Rule 3 of Schedule II of the Companies (Profits) Surtax Act, 1…

The appellant, Ramesh Babulal Doshi, was charged with the murder of Khodibhai Patel and related offences. The prosecution relied solely on circumstantial evidence, including sightings of the appellant with the deceased, a trunk containing the body, and blood‑stained articles recovered from the appellant's flat. The tri…

Kiran Bala sold her residential house to relatives to pay debts, but the sale was declared null and void as a fraudulent transfer under the Transfer of Property Act. The decree-holder sought to attach and sell the house in execution of a money decree, while the appellant claimed exemption under Section 60(1)(ccc) of th…

The appellant, a Hindi teacher, was appointed on a six‑monthly contract in 1980 and regularised in 1984. In 1990 the Education Department ordered her removal, claiming her teacher‑training certificate from Uttar Pradesh was not recognised by Haryana. The Department relied on a 7 July 1981 circular that barred recruitme…

The State of Bihar appointed retired Patna High Court Judge Suresh Chandra Mukherjee as Presiding Officer of an Industrial Tribunal, but failed to honor the re‑employment conditions stipulated in the notification. Mukherjee filed a writ petition in the Patna High Court seeking enforcement of those benefits, and the Hig…

Sukhdeo, a Class III government employee with 30 years of service but under 55 years of age, was compulsorily retired on 23 March 1990 under Rule 65(1)(b) of the Maharashtra Civil Services (Pension) Rules, 1982, based on adverse remarks in his confidential reports for 1987‑88 and 1988‑89. The remarks were contradictory…

The State of Karnataka, by the Karnataka Motor Vehicles Taxation (Amendment) Act 1989, inserted sub‑section (4) in Section 3 of the Karnataka Motor Vehicles Taxation Act, 1957, imposing a special additional tax on each occasion a motor vehicle carries passengers in excess of its permitted capacity. The respondents chal…

N. Patnaik, a senior engineer in the Orissa Irrigation Department, was compulsorily retired in 1986 under Rule 71(a) of the Orissa Service Code on the recommendation of a Review Committee that cited adverse entries in his confidential reports and several pending investigations. Patnaik challenged the retirement before …

The Supreme Court examined two appeals concerning the recruitment of Inspectors of Central Excise and Income‑Tax. The advertisement required a university degree by 1 August 1992, but allowed ex‑servicemen who were not graduates to be deemed graduates upon completing 15 years of service in the Armed Forces. The question…

The respondents applied for renewal of a salt licence under the Central Excise (Salt) Act, 1944. The Union of India, represented by the Deputy Salt Commissioner, insisted that renewal could be granted only if the respondents were the owners or lessees of the land on which the salt works were situated. The respondents h…

The petitioners sought additional compensation for land acquired under a 1971 notification after a High Court enhanced the award for other claimants to Rs.135 per square yard. The petitioners had earlier obtained a reference under Section 18 and an enhancement under Section 26, but they did not appeal to the High Court…

The Union of India, through the Chief of Revenue, Central Coalfields Ltd., appealed against a Bihar High Court order that had granted an interim stay of execution of an award in favour of Janki Mahato and others. The High Court had also ordered service of notices on a large number of respondents. The sole question befo…

The Delhi government had granted a shop licence on compassionate grounds to the widow of a freedom fighter in 1992. The respondent applied for renewal in 1994, but the renewal application, affidavit and vakalatnama were not signed by her, indicating forgery. A show‑cause notice was issued for eviction and the responden…

The Zila Dastavej Lekhak Association, representing persons licensed under the Uttar Pradesh Document Writers' Licence Rules, 1977, challenged the validity of Rule 6(2) which excludes advocates (and parties) from the requirement of obtaining a licence to draft and present documents for registration. The Association argu…

The case concerned a dispute over two settlement deeds executed by Seshamma in 1958 in favour of her daughters, and a later will revoking one deed and bequeathing the property to the other daughter. After Seshamma’s death, the daughter Hymavathy filed suit claiming ownership, while the husband of the other daughter Vim…

The Supreme Court examined the allotment of shops in a new marketing complex by the New Delhi Municipal Committee (NDMC) to long‑standing roadside stall‑holders on a concessional licence fee and with relaxed trade‑zoning restrictions, while other traders obtained shops at higher fees and with strict zoning. The appella…

The decree-holder, a deceased intermediary, obtained a decree for possession of an estate in 1965, but the estate had been vested in the State of Orissa by a notification under Section 3(1) of the Orissa Estate Abolition Act in 1963. The judgment debtor filed a Section 47 CPC objection, and the executing court dismisse…

The appellants, two assistant teachers belonging to the Lohar caste, claimed that they were a Scheduled Tribe under the Scheduled Castes and Scheduled Tribes Order, 1950 (as amended in 1976) and sought promotion under the ST quota. They relied on the Hindi version of the Schedule, which listed "Lobar," and on earlier H…

The appellants, direct recruits appointed as Assistant Directors of Industries on 29‑09‑1980 under the Madhya Pradesh State Industries (Gazetted) Service Recruitment Rules, 1965, challenged a seniority list that placed ad‑hoc promotee respondents, appointed on 27‑09‑1980 without Public Service Commission approval, abov…

The Supreme Court examined two appeals challenging High Court orders that directed the Haryana State Electricity Board to appoint the heirs of deceased employees on compassionate grounds. The petitioners argued that compassionate appointments are meant to provide immediate financial relief to dependents of a deceased e…

The dispute arose from a family partition and subsequent land demarcation ordered by the Assistant Director of Land Records, which was challenged by the respondents. The respondents appealed the demarcation order under Section 49 of the Karnataka Land Revenue Act, 1956, and the appeal was allowed, setting aside the ori…

The Supreme Court entertained a petition under Article 136 of the Constitution, noting that the controversy was already covered by its earlier order in C.A. 3204/95 where delay was condoned and the matter was remitted to the High Court. Accordingly, the Court set aside the Rajasthan High Court’s order dated 12 January …

The Municipal Committee of Abohar operates the Patel Water Works and sought to exclude its water‑department employees from the Employees' State Insurance Act, 1948. The Committee objected when a notice under Section 45‑A of the Act was issued, leading to an appeal under Section 75 after the Insurance Court affirmed the…