Judgments of 1997

P.S. Ramamohana Rao, employed as Physical Director at Bapatla Agricultural College and later transferred to Andhra Pradesh Agricultural University, was ordered to retire at age 58. He challenged the order, contending that under Section 2(n) of the Andhra Pradesh Act 24 of 1963 a Physical Director is a "teacher" and the…

The respondent firm, M/s Prakash Trading Corporation, sold goods both on its own account and as a commission agent for 24 disclosed principals. The Commercial Tax Officer assessed sales tax under Section 6‑B of the Bengal Finance (Sales Tax) Act, 1941 on the firm’s total turnover, including the commission sales. The We…

The Kerala High Court classified 17 acres of land acquired for a Kerala Road Transport Corporation depot into two belts – land abutting the road and low‑lying land below one metre – and awarded different compensation rates. The appellant challenged this classification, arguing that the belting principle should apply on…

The appeal concerned whether a lecturer appointed in 1976 without the requisite qualifications could receive salary under the Government's Grant‑in‑Aid Scheme. The State clarified in 1987 that unqualified lecturers with at least second‑class marks could be eligible, and a 1983 resolution prescribed specific qualificati…

R.V. Swamy, a deceased freedom fighter, claimed a Central Freedom Fighters pension based on certificates issued by prominent freedom fighters. The Madras High Court, after appreciating the evidence, directed that the pension be granted to his legal representatives. The Government of Tamil Nadu re‑examined the claim and…

The appellant, Luxmi Devi, joined the police service as a Constable in 1981 and, through superior performance, was promoted and confirmed ahead of respondent No.6, Asha Rani, who was later transferred to Rohtak range at her own request. After the appellant's deputation period ended, the State attempted to revert her to…

The petitioner, a bank employee, was charged with sanctioning loans to fictitious persons and a domestic enquiry was initiated. He applied for permission to engage an advocate, which was denied by the bank and upheld by the High Court. The petitioner argued that the pending criminal case on the same allegations made le…

The Committee of Management of Arya Nagar Inter College appointed Sree Kumar Tiwari as an ad‑hoc teacher on 1 July 1986 for a short‑term vacancy. His services were terminated on 30 May 1988 effective 30 June 1988, after which he challenged the termination by a writ petition. While the petition was pending, a stay was g…

The Haryana State Agricultural Marketing Board advertised for Assistant Secretary posts requiring a graduate degree, knowledge of the Punjab Agricultural Produce Marketing Act and at least three years of experience in a government or semi‑government body. Krishan Kumar was appointed based on experience certificates, in…

M/s. FabriL Gasosa entered into a written settlement with the employees' union in 1986 providing for Variable Dearness Allowance (VDA). The union later gave notice of termination and issued a fresh charter of demands, but did not alter the VDA rate. The employer unilaterally froze VDA and claimed an oral agreement to t…

The appellant challenged the Delivery of Postal Articles Orders of 1991 and 1996, arguing that delivering mail to a mailbox in a high‑rise building was beyond the powers granted under the Indian Post Office Act, 1898, and that existing buildings lacking mailbox space should be exempt. The High Court upheld the orders, …

The appellants were granted a one‑year lease on 5 December 1994, which expired on 5 December 1995. The lease was cancelled by the Commissioner on 17 February 1995, but the State Government set aside that cancellation on 23 March 1995. The Government’s subsequent order was stayed by the High Court, which directed that t…

The State of Uttar Pradesh appealed against a High Court judgment that declared a government clarification on reservation in university recruitment invalid. The clarification treated the University of Allahabad and its colleges as a single unit for applying the Uttar Pradesh Public Services (Reservation for Scheduled C…

The father of the respondent, Hakim Singh, a lineman with the Haryana State Electricity Board (HSEB), died in 1974. Fourteen years later, his widow applied for a compassionate appointment for their son, relying on HSEB circulars that allowed one family member to be considered for employment within three years of the em…

The Supreme Court examined two appeals by the State Bank of India against Delhi High Court orders directing payment of pension and provident fund to former assistants A.N. Gupta and Gulati, who had retired on superannuation. The Bank argued that under Rule 11 of the Imperial Bank of India Pension Rules, pension could b…

The petitioners, legal heirs of a deceased licensee, challenged the continuation of summary ejectment proceedings under Section 41 of the Presidency Small Cause Courts Act, 1882, after the licensee's death. They argued that the cause of action was personal and should abate with the licensee's demise, relying on earlier…

M.D. Sharma, a clerk who rose to Assistant and Senior Assistant in the Punjab and Haryana High Court, qualified in the Subordinate Accounts Services examination and was promoted on an ad‑hoc basis to Superintendent Grade‑II and later to Superintendent Grade‑I in newly created posts. Both promotions were conditioned on …

The appellant, a landlady, leased premises to the respondent with permission to sub‑let. The respondent defaulted on rent from September 1990 and, despite notices and multiple proceedings, failed to pay any arrears. The Rent Controller and the Appellate Authority ordered eviction and directed the tenant to deposit the …

Commonwealth Trust Ltd., a company that had claimed depreciation on its factory buildings, sold those assets after 1 January 1954 and computed capital gains using the option under Section 55(2)(i) to take the fair market value as of that date as the cost of acquisition. The Income Tax Officer and the appellate authorit…

Smt. Sujata Mukherjee filed a criminal complaint under Sections 498A, 506 and 323 IPC alleging dowry demand, maltreatment and assault by her husband and his family. The alleged offences occurred at Raigarh (in‑laws' residence) and also at Raipur where the husband allegedly assaulted her. The husband and other responden…

Shirish Kumar Rangrao Patil, a probationer civil judge, was accused of demanding illegal gratification and other misconduct. An inquiry officer found several charges proved, and a show‑cause notice was issued. A committee of five High Court judges (four of whom met) accepted the findings and recommended dismissal, whic…

The Supreme Court examined appeals by landowners (Meharban & others) against the State of U.P. concerning compensation for lands acquired under the Land Acquisition Act, 1894 for the planned development of Meerut City. The High Court had reduced the compensation awarded by the reference court to very low rates (e.g., R…

The Supreme Court examined three civil appeals arising from orders of the Central Administrative Tribunal that appointed junior officers to the post of General Manager (GM) and equivalent in the Indian Railways, allegedly bypassing senior officers. The dispute centered on the interpretation of paragraph 7.3 of the Sche…

The Supreme Court examined whether a suspended employee and his employer must pay Employees' State Insurance (ESI) contributions on the subsistence allowance paid during a suspension pending a domestic enquiry. The High Courts had held that such allowance was not "wages" under Section 2(22) of the ESI Act and therefore…

The appellants challenged a declaration under Section 6 of the Land Acquisition Act, 1894 on the ground that it was barred by the one‑year limitation prescribed in the proviso to Section 6(1)(ii). A notification under Section 4(1) was published in the Official Gazette on 6 August 1992; the declaration was made on 3 Aug…

The Supreme Court considered an appeal by Reliance Industries Ltd. against the Gujarat High Court’s dismissal of its review petition challenging a writ order passed under Article 226 that directed polluting industries to install effluent treatment. The division bench of the High Court had differed on the merits, and di…

Gopi Aqua Farms and others filed a writ petition under Article 32 challenging a 19‑Feb‑1991 notification issued under the Environment (Protection) Act, 1986, after the Supreme Court had delivered its judgment in Jagannath v. Union of India. The petitioners argued that they were not parties to the earlier case, that the…

Noorsaba Khatoon, a Muslim woman, filed a petition under Section 125 of the Code of Criminal Procedure (CrPC) seeking maintenance for herself and her three minor children after being deserted by her husband, Mohd. Quasim, who later divorced her and took a second wife. The trial court ordered maintenance for the wife an…

The Supreme Court considered whether Rs. 79 lakh set aside by National Rayon Corporation Ltd. as a Debenture Redemption Reserve for the assessment year 1967‑68 should be treated as a provision or a reserve for the purpose of computing the company's capital under the Companies (Profits) Surtax Act, 1964. The company arg…

Daulat Ram, a Punjab police constable, was convicted of murdering a 25‑year‑old man, Narinder Singh, under Section 302 IPC read with Section 27 of the Arms Act. The prosecution relied on two alleged eyewitnesses, the victim's uncle and a companion, and asserted that the killing occurred at 2 p.m., supported by a post‑m…

The victim Ramdeo Yadav was attacked and killed with sharp-edged weapons while sleeping in a field; his son Gajendra (PW 8) witnessed the assault using a torchlight. The Sessions Court convicted all fourteen accused based on eyewitness testimony, but the Patna High Court upheld convictions only against six appellants, …

Four lecturers of junior colleges in the Union Territory of Lakshadweep were originally designated as lecturers but later re‑designated as junior lecturers and placed on a lower pay scale. They challenged the re‑designation, and the Kerala High Court held that their duties were comparable to those of lecturers in degre…

Mihir Textiles Ltd. and another importer sought refund of customs duty on the basis that they were eligible for the 40% concessional rate under Entry 84.66 of the Customs Tariff Act, 1975. Both had cleared their goods after paying full duty and later applied for registration of the import contract as a "project import"…

The appellant Plot Holders Association challenged the award made under the Land Acquisition Act, 1894 for a large parcel of land in Sahibabad, contending that the authorities were not liable to pay solatium and interest under the 1984 amendment. The Special Land Acquisition Officer had already granted compensation, sol…

The respondents, who were Head Constables, appeared for the promotion examination to Assistant Sub‑Inspectors in December 1993. Because very few candidates passed, the Director‑General of Police (DGP) granted 15% grace marks to general candidates and 10% to reserved‑category candidates, but only for the Jabalpur zone, …

The Supreme Court considered an appeal by the Union of India challenging the enhanced compensation awarded by a reference court in a land acquisition proceeding. The acquisition was made under Section 4(1) of the Land Acquisition Act, 1894, and the compensation was initially set by the Land Acquisition Officer and late…

The Supreme Court examined the compensation payable for 97 acres of agricultural land acquired for a colony for weaker sections in Guntur district. The Land Acquisition Officer initially awarded Rs 22,940 per acre, which was enhanced by the Subordinate Judge to Rs 1,00,000 per acre and further by the High Court to Rs 2…

The respondent was granted a 30‑year lease of Government land in 1949, renewable up to 99 years, but the lease was terminated in 1960. The land was later acquired under the Land Acquisition Act, 1894, and the Land Acquisition Officer awarded Rs 4,000 per bigha in 1967. The reference court enhanced the award to Rs 17,00…

The Supreme Court examined a large land acquisition under the Land Acquisition Act, 1894 where the Collector had initially classified lands into four belts and awarded uniform compensation. On reference, the lower court re‑classified the lands into Classes A and B and enhanced compensation, but the High Court later gra…

The President of India referred a matter under Article 317(1) of the Constitution to the Supreme Court, seeking an enquiry into whether Shri Sher Singh, a member of the Haryana Public Service Commission, should be removed for misbehaviour. The allegation was that Sher Singh repeatedly attempted to influence the written…

Bharat Ram Meena, a Munsiff/Judicial Magistrate, challenged adverse remarks recorded in his 1990 Annual Confidential Report (ACR) that questioned his integrity, impartiality, and conduct. The remarks were based on allegations of unauthorized absences during election duties and alleged manipulation of judicial records, …

The Supreme Court examined whether an arbitrator under the Arbitration Act, 1940 could award interest for three distinct periods – pre‑reference, pendente lite, and post‑award – in light of the Interest Act, 1978 and contractual terms. It held that an arbitrator may award pre‑reference interest only when the dispute ar…

The Enforcement Directorate (ED) raided Arun Kumar Bajoria's residence and issued summons under Section 40 of the Foreign Exchange Regulation Act (FERA). Bajoria filed a writ petition challenging the summons and later obtained anticipatory bail under Section 438 of the CrPC from the City Sessions Court, with a conditio…

The case concerned admission to the MBBS programme at Rohtak Medical College, where 60 seats were divided into 49 open‑category and 11 backward‑class reserved seats. Sunil Yadav (S) ranked first in the backward‑class list but 62nd in the open list; he failed to obtain an open‑category seat in the first counselling and …

The respondent, a Senior Prosecuting Officer, voluntarily retired on 12‑April‑1976 under Uttar Pradesh Fundamental Rule 56 and received pension and gratuity. In 1976 the Rule was amended by adding a proviso that allowed an additional five years of service to be counted for pension and gratuity for those who retired vol…

The appeal concerned the promotion of Headmasters/Headmistresses of Government High Schools and lecturers of Higher Secondary Schools to Class‑II (Gazetted) posts under the Himachal Pradesh Recruitment and Promotion Rules of 1980. The appellant argued that 234 Class‑II posts already occupied by Headmasters at the time …

The case concerned an appeal to the Division Bench of the Bombay High Court against an order dated 15 November 1994 passed by a Single Judge in a suit for dispossession under Section 6 of the Specific Relief Act. The respondents argued that Section 6(3) of the Act barred any appeal or revision against such orders, rend…

The State of Orissa assessed sales tax on M/s Orissa Road Transport Co. Ltd. for the periodic sale of obsolete and unserviceable spare parts, alleging that the corporation was a dealer under the Orissa Sales Tax Act, 1947 but had not registered. The Sales Tax Officer levied tax and penalty under Section 12(5) (earlier …

The Collector of Central Excise appealed against Usha Martin Industries, which claimed exemption from central excise duty on wire‑rods manufactured from steel billets that were themselves exempt from duty. The dispute centered on whether the phrase “on which appropriate amount of duty of excise has already been paid” i…

The Supreme Court examined the Commissioner of Income Tax (Control) Ludhiana's claim for weighted deduction under Section 35B(1)(b) of the Income Tax Act in favour of Mis Hero Cycles Pvt Ltd. The Court held that such deductions are permissible only when the expenditure is wholly and exclusively incurred for purposes en…

Dayaram Dayal was appointed Civil Judge, Class II in Madhya Pradesh in 1985 with a two‑year probation that could be extended for a further two years, making a maximum probation of four years under Rule 24 of the M.P. Judicial Services Rules, 1955. After several adverse performance reports, suspensions and a full‑court …

The assessees, T.V.L. Nilsin Industries, challenged the classification of ultramarine blue for sales tax purposes, arguing it should be taxed as a chemical under Item 138 of the Tamil Nadu General Sales Tax Act, 1959. The Sales Tax authorities classified it as a pigment under Item 110, making it taxable. The Madras Hig…

Sahib Singh was convicted under the IPC and TADA for the murder of Om Prakash based on the testimony of three brothers—sons of the deceased—and a confession recorded under Section 15 of the TADA Act. The Supreme Court examined whether relatives of the deceased are competent witnesses, the effect of a delayed FIR, and t…

The State Road Transport Corporation acquired 14 acres 32 guntas of land for a bus stand under the Land Acquisition Act, 1894. The acquisition officer initially fixed compensation at Rs. 7,500 per acre, which was later enhanced by the reference court to Rs. 3.60 lakh per acre and subsequently reduced by the High Court …

The petition sought to recall the Bombay High Court's order dated 2 September 1994 that delegated the power to issue social‑status (caste) certificates to the Sub‑Divisional Officer and to replace the directions concerning the composition of caste‑scrutiny committees. The court examined whether the earlier order should…

The Government of Andhra Pradesh dismissed Inspector B. Ashok Kumar after he was found to have demanded and accepted a Rs. 3,000 illegal gratification to refrain from filing a complaint. The Andhra Pradesh Administrative Tribunal, after a disciplinary inquiry, held the charge proved and recommended a penalty of stoppag…

The appellants were accused of murdering their brother‑in‑law, Hanamappa, and of acting with common intention under IPC sections 302 and 34. The trial court acquitted them, disbelieving the eye‑witness P.W.2, the hostile witness P.W.1 and several independent villagers, and giving undue weight to minor contradictions an…

Ghaseta Ram, a life‑imprisoned prisoner, participated in an unlawful assembly to escape from jail and assaulted a jail warden. He was tried and convicted by the Sessions Court and sentenced to several terms under the IPC. Earlier, the Superintendent of the District Jail, invoking para 633‑A of the Punjab Jail Manual an…

Gujarat State Fertilizers Co., a manufacturer of fertilizers, ammonia and chemicals, claimed a concessional excise duty rate on raw naptha used to produce ammonia and a total exemption on ammonia used to make molten urea, invoking Notification No. 75/1984 and Notification No. 40/1985. The Revenue argued that because th…

The appellant, Mohd. Nazir, was allotted a building in Banaras under an order dated 17 May 1995 pursuant to Section 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. After being put in possession, he was ousted by the landlord and a dancing girl with two musicians who later occupied t…

The petitioner, a tele‑communications officer, was required to retire on 31 May 1991 upon attaining the age of superannuation but continued in service until 31 May 1994. The Government sought to recover salary and allowances paid to him for the period after his statutory retirement date, and the petitioner challenged t…

Coal India Ltd. introduced a resolution on 14 September 1996 allowing executive employees to either avail the Leave Travel Concession (LTC) or encash it without producing a travel certificate, effective from 1 January 1997. The petitioners contended that fixing this date was arbitrary and discriminatory, especially aga…

The respondent, a cashier‑cum‑clerk of Rae Bareli Kshetriya Gramin Bank, was charged with forging signatures and fraudulently withdrawing Rs 28,500. An ex‑parte inquiry found him guilty, a show‑cause notice was issued, and the disciplinary authority dismissed him; the dismissal was affirmed by the Board. The respondent…

The appellant, a compositor in a Government of India printing press, was charged under Section 409 of the IPC and suspended pending trial, receiving only a subsistence allowance. After being acquitted, he was reinstated but denied back wages, increments, and pension benefits that he claimed as consequential benefits. H…

The petitioners, appointed as Laboratory Attenders in the Karnataka Horticulture Department, claimed promotion to the post of Field Assistant by treating themselves as equivalent to Head Gardeners under the Karnataka Horticulture (Department) Recruitment Rules, 1974. The Karnataka Administrative Tribunal rejected the c…

The Food Corporation of India (FCI) purchased food grains from the State of Uttar Pradesh under levy orders issued pursuant to Section 3 of the Essential Commodities Act, 1955, and also distributed fertilizers under the Fertilizer (Control) Order, 1957. The State sought to levy purchase tax and a 5% surcharge on the FC…

The appellants, involved in a land dispute, attacked Dayashankar and his brother Ramesh, dismembering the former and severely injuring the latter. Ramesh (PW‑1) survived, narrated the incident to his mother (PW‑2) and nephew (PW‑3), and later gave a statement to the police and a dying declaration to a magistrate. PW‑3 …

J.K. Synthtics Ltd., a manufacturer of tyre‑cord fabric, claimed exemption from sales tax under a 1957 notification issued under Section 8(5) of the Central Sales Tax Act, 1956. The State of Rajasthan later issued notifications in 1980 and 1981, the latter stating that "all the notifications" issued under Section 8(5) …

The Supreme Court examined the merger of Telex Operators into the Assistant Grade‑II (AG‑II) cadre of the Oil and Natural Gas Commission (ONGC) and the consequent seniority and promotion issues. The Telex Operators were redesignated as AG‑II employees on 25 April 1980 and placed en bloc below regular AG‑II staff, with …

Ishwar Prasad Arya, a practising advocate, was convicted under Section 307 of the Indian Penal Code for assaulting an opponent with a knife in a courtroom and sentenced to three years' rigorous imprisonment. The State Bar Council suspended him from practice for three years under Section 35 of the Advocates Act, 1961. H…

The Supreme Court examined the fixation of levy‑sugar prices for the years 1974‑75 to 1979‑80 under Section 3(3‑C) of the Essential Commodities Act, 1955. Earlier the Court had directed the Government to amend the notifications to include the sugar producer’s liability under clause SA (5A) of the Sugarcane (Control) Or…

The Assistant Collector of Customs appealed against Anam Electrical Manufacturing Co. challenging the levy of a ten‑percent surcharge and the handling of a refund claim under the Central Excise Act, 1944 and the Customs Act, 1962. The Supreme Court examined whether the surcharge could be upheld and, more importantly, w…

The petitioners, Gurlingappa and others, challenged the compensation awarded by the Land Acquisition Officer under the Land Acquisition Act, 1894 for land acquired for the Amerja Project. The officer had fixed Rs. 3,000 per acre, which the District Court enhanced to Rs. 6,300 (dry land) and Rs. 9,820 (cultivable land);…

The Supreme Court examined challenges to the Armed Forces (Special Powers) Act, 1958 (AFSPA) and the Assam Disturbed Areas Act, 1955, along with notifications declaring disturbed areas in several northeastern states. Petitioners argued that Parliament lacked competence to enact AFSPA, that the Act was colourable legisl…

The President of Jalgaon Municipality filed a criminal complaint against four senior government officials who, while preventing the demolition of an illegal encroachment, assaulted him and others. The trial court issued process against three respondents but discharged the fourth for lack of sanction under Section 197 o…

The appellant, a confirmed headmistress of a junior school, saw the school upgraded to a Higher Secondary School and applied for the post of principal. Although selected, her appointment was conditional on approval under the Uttar Pradesh Intermediate Education Act, 1921, and she was placed on probation. The competent …

The appellants, dealers in hides and skins, purchased raw hides and skins, paid sales tax on them, and later tanned them into dressed hides and skins which were sold inter‑state. They contended that under Section 14(iii) of the Central Sales Tax Act, raw and dressed hides constitute a single commodity, and that Section…

The appellants were convicted for murder and related offences under Sections 302, 149 and 148 of the IPC for the killing of Ram Naresh Choubey in 1978. They later claimed that they were children at the time of the offence and sought the benefit of the Bihar Children Act, 1970/1982 and the Juvenile Justice Act, 1986. Th…

Eastern Diecasting Industry, which manufactures railway overhead equipment and fittings, was classified under Central Excise Tariff Item 68 and faced a demand for duty and a penalty under Rule 173 Q of the Central Excise Rules, 1944, for allegedly exceeding exemption limits. The company argued that the goods should be …

The wife, Jasbir Kaur Sehg al, filed for divorce and, having no income, was supporting her eldest unmarried daughter. She applied for maintenance pendente lite under Section 24 of the Hindu Marriage Act, which the High Court had enhanced to Rs 1500 per month. The Supreme Court examined whether maintenance should also c…

The Punjab government advertised 2,461 teacher vacancies in 1992 but, during the selection process, 7,737 posts became vacant and were filled by candidates who had applied for the advertised posts. The High Court quashed the excess appointments, limiting selections to the advertised number, and the State later made ad‑…

The respondent, a Central Excise Superintendent, was found guilty of several charges in a departmental inquiry and, under Rule 9 of the Central Civil Services (Pension) Rules, 1972, had 50% of his pension and 50% of his gratuity withheld. The Central Administrative Tribunal held that Rule 9 did not permit withholding g…

The respondent, Amita Tiwari, was appointed on an ad‑hoc basis as a lecturer in Home Science at Patna Women's College despite not possessing the post‑graduate qualification in Home Science required by the university statutes, though she held an M.A. in Sociology, an allied subject. The Chancellor later issued orders di…

The Supreme Court examined a series of civil appeals concerning the claim of weighted deduction under Section 35B(1)(b) of the Income Tax Act, 1961. It held that the onus lies on the assessee to prove that any expenditure falls within the specific sub‑clauses of Section 35B(b); mere occurrence of activities abroad does…

The Supreme Court examined whether a purchaser who has taken possession of flats after full payment, but without a registered deed, is the "owner" for tax purposes under Section 22 of the Income‑Tax Act, 1961. The assessee argued that the rental income should be taxed under Section 56 as "income from other sources" bec…

The Uttar Pradesh Government created two separate corporations under the U.P. Water Supply and Sewerage Act, 1975: the state‑wide Jal Nigam and the locally‑jurisdictioned Jal Sansthans. Employees of the Garhwal Jal Sansthan Karmachari Union sought parity in pay with Jal Nigam employees, relying on a resolution passed b…

K.G. Kulkarni, a former sorter in the Railway Mail Service who was working as a clerk in the Speed Post Section, was denied an opportunity to appear for the departmental examination for promotion to Postal Superintendent/Postmaster Group B. He challenged the decision before the Central Administrative Tribunal, which se…

The Uttar Pradesh State Road Transport Corporation sought higher compensation for 24.9 acres of land acquired for a road transport depot. The Collector initially awarded Rs. 11.25 per square yard, which was enhanced to Rs. 25 per square yard by the Additional District Judge under Section 18 of the Land Acquisition Act.…

The case concerned the Baroda District Cooperative Milk Producers' Union Ltd., where the Committee was elected for a three‑year term, but the Collector convened a meeting to elect a President and Vice‑President for a one‑year term. The petitioners argued that, under Sections 74‑C and 145(2) of the Gujarat Co‑operative …

B.N. Misra was appointed on an ad‑hoc basis as an Ayurvedic Medical Officer in October 1983. After an unauthorised five‑year absence, a government order dated 8 September 1989 allowed him to resume duty upon production of a fitness certificate, treating the absence as a break in service. A selection committee later fou…

The Supreme Court examined the applicability of the Mysore Agricultural Department Service (Recruitment) Rules, 1961, to determine the inter‑se seniority between directly recruited officers and promotees in the Karnataka Agricultural Service. The appellants contended that the Karnataka Administrative Tribunal erred in …

The Sri Kanyakaparameswari Committee claimed that its temple was a denominational institution entitled to protection under Articles 26(b) and 26(d) of the Constitution, seeking exemption from the Andhra Pradesh Charitable and Religious Institutions Endowment Act, 1987. The High Court recognized a denominational status …

The appellants, owners of saw‑mills, challenged the constitutionality of the Madhya Pradesh Kashtha Chiran (Viniyaman) Adhiniyam, 1984 and the M.P. Transit (Forest Produce) Rules, 1961, contending that the mandatory maintenance of detailed records (Forms D‑1, D‑2, D‑3) and the consequent risk of confiscation violated t…

The State of Punjab appointed a general‑category employee as Junior Technical Assistant and later promoted a Scheduled Caste candidate to the sole Assistant Superintendent post, which was reserved under the roster. The aggrieved general‑category employee sought a mandamus to de‑reserve the post, arguing that reservatio…

The petitioner, Rajeev Mankotia, filed a writ petition under Article 32 seeking protection of the Viceregal Lodge in Shimla as an ancient monument of national importance, opposing the Union Government's plan to convert it into a tourist hotel. The Court examined the definition of "ancient monument" and the duties of th…

Leukoplast (India) Ltd. manufactured plasters, dressings and bandages under a licence from the Drug Controller and paid Central and Goa local sales tax at the rates applicable before certain notifications exempted "drugs and medicines". The company claimed a refund, asserting its products fell within the exemption, but…

The appellant, Brooke Bond India Ltd., a public limited company, issued ordinary shares at a premium to increase its share capital and incurred Rs 13,99,305 in expenses, which it claimed as a deductible revenue expense under Section 37(1) of the Income Tax Act, 1961. The Assessing Officer disallowed the deduction on th…

M/s. Ponds India Ltd. challenged the collection of special excise duty on goods that were manufactured before 28 February 1988 but cleared after 1 March 1988. The Revenue argued that Rule 9A of the Central Excise Rules, 1944 made the goods liable to the duty levied under the Finance Act 1988. The Court held that specia…

M/s. Goodyear India Ltd. imported nylon woven dipped diffusion resistance fabric and paid the additional duty levied under the Customs Tariff Act, 1975. The importer claimed a refund, contending that the goods fell under the exemption Notification No. 55/78 as "textured yarn produced out of base yarn" and should attrac…

The appeal arose from a dispute over the appointment of Smt. Damyanti Singh as a teacher in Mahadeo Prasad Girls High School, which had been upgraded on July 14, 1977. The respondent claimed she was regularly appointed and therefore entitled to permanent status and arrears of salary under the U.P. Intermediary Educatio…

The State alleged that on 28 May 1988 three accused entered the house of the deceased Bauribandhu, assaulted him and dragged his body outside, leading to charges under Section 302 read with Section 149 IPC. The trial court convicted the appellants under Section 302 read with Section 34 IPC, and two of them under Sectio…

Hindustan Machine Tools Ltd. introduced a special voluntary retirement scheme for employees aged 45 with at least 15 years of service, and the respondents retired under this scheme. After their retirement, the company issued Office Order No. 45/90 revising pay scales for existing employees and certain retirees, and the…

The petitioners, heirs of the deceased Smt. Bhagti, sought redetermination of compensation for land acquired under the Land Acquisition Act, 1894, after the High Court enhanced the award. They filed an application under Section 28‑A(1) within 30 days of the High Court judgment, but the Land Acquisition Officer dismisse…

The Himachal Pradesh Nagar Vikas Pradhikaran (appellant) entered into a construction contract with Mis. Aggarwal & Co. (respondent). An arbitrator awarded the respondent a 25% increase over tendered rates for work completed after the stipulated date due to delay caused by the Executive Engineer. The appellant deducted …

The petitioners, promotee Upper Division Clerks in the Uttar Pradesh Secretariat Service, challenged their appointment on an officiating basis against vacancies reserved for direct recruitment, arguing that they should be granted seniority from the date they began officiating. They contended that the quota provision un…

The State of Maharashtra appealed against the Bombay High Court’s order granting bail to Ramesh Taurani, who was arrested for allegedly conspiring to murder film producer Gulshan Kumar by financing contract killers. The High Court had relied on the fact that Taurani’s name did not appear in the remand applications of o…

The appellant, Jagbir Walia, was convicted under Section 9 of the Suppression of Immoral Traffic Act, 1956. He appealed, arguing that the investigation was illegal because a Sub‑Inspector, not the Assistant Commissioner of Police appointed for that purpose, conducted it, and he sought to introduce additional police rec…

The State of Punjab appealed against the acquittal of Hari Kishan and his brothers, who were originally convicted for the murder of Jai Rani under Sections 302 and 201 IPC. The prosecution alleged that the accused demanded dowry, ill‑treated the victim and strangled her, relying on circumstantial evidence, a purported …

M/s Halari Store, a registered dealer under the Orissa Sales Tax Act, was assessed after its books were rejected by the Sales Tax Officer. The dealer appealed to the Assistant Commissioner, who partially upheld the appeal. The Additional Commissioner then, suo motu, issued notices under Section 23(4)(a) read with the a…

The Assistant Commissioner of Income Tax alleged that a partnership firm, Mahajan Borewell & Co., and its three partners had failed to deduct tax at source, violating Section 276‑B of the Income Tax Act, 1961. The Special Court discharged the respondents on procedural grounds, and the High Court upheld the discharge, h…

Modi Rubber Ltd. imported polypropylene liner fabric (PPLF) for use as a protective liner in tyre‑manufacturing machinery and argued that it should be classified as a component part of the machines under ICT Item 72(3), attracting a lower duty. The Customs Department classified the fabric under Item 53 as a textile man…

The petitioners, who were appointed as daily‑wage assistant, driver and peons in a cooperative training institute of the Bihar government, had their services terminated by the institute's principal. They filed a writ petition alleging that their dismissal violated Section 25F of the Industrial Disputes Act, 1947, claim…

The petitioners' land was acquired by the Karnataka State Road Transport Corporation under Section 4(1) of the Land Acquisition Act, 1894, and the acquisition became final after the Supreme Court dismissed their earlier special leave petition. The petitioners later offered to give part of the land free of cost and soug…

While serving as a Tehsildar, A.K. Jadhav was caught in a trap for demanding and accepting an illegal gratification of Rs.20,000. The Commissioner of the district suspended him on 21 March 1996 pending investigation. Jadhav challenged the suspension, arguing that only the State Government, as the appointing authority u…

Prahlad Saran Gupta, a senior advocate and standing counsel for the Railways, was disciplined by the Bar Council of India for alleged professional misconduct, including drafting a notice for a private client while acting for the Railways, handing a letter to a judgment debtor to obtain a stay of execution, and wrongful…

The Central Bureau of Investigation (CBI) was directed by the Delhi High Court on 18‑12‑1996, in an anticipatory bail application, to give the applicant three days’ notice before any arrest. The CBI issued such a notice on 18‑01‑1997, after which the High Court restrained the CBI from acting on the notice. The CBI appe…

The Tamil Nadu Housing Board was exempted from the Payment of Bonus Act, 1965 by two Government Orders issued under Section 36 of the Act (1979 and 1982). Employees of the Board challenged the exemptions, and the Madras High Court set aside the orders, directing the Board to pay statutory bonus from the 1978‑79 account…

Shree Bhagwati Roller Flour Mills, a new unit manufacturing notified commodities, claimed exemption from purchase tax on wheat bought from the open market, relying on a 1979 notification under Section 4‑B of the U.P. Sales Tax Act that exempted roller flour mills provided the wheat was purchased from the Food Corporati…

The appellant, K.F. Ganchi, a member of the Backward Classes, was elected as a councillor from a general (unreserved) ward of Jambusar Municipality. The roster for 1997 required that the President of the municipality be a Backward Class member. Respondent No.1, Chandubhai Rajput, contended that only Backward Class coun…

Maj. Gen. W.S. Chona, a non‑General Cadre officer of the Corps of Engineers, sought promotion to Lt. General in the Army’s "Staff Only" stream under the 1986 two‑stream concept. The Special Selection Board found him unfit because he had not satisfied clause (b) of the Qualitative Requirements, which demands a staff app…

Dr. S. Bialiar Singh, after serving ten years with the Government of Orissa and three years with the Government of Chandigarh, joined the Central Railway in December 1975 and voluntarily retired in April 1987 after 11 years, 2 months and 9 days of railway service. Although his prior government service and a five‑year w…

The appellant S. Suryanarayan Sahu, a senior draughtsman in CSIR, challenged the pay scales applied to senior draughtsmen, seeking the higher scale of Rs.425‑700 from 1974 and the Rs.550‑900 scale from 1974, alleging violation of the constitutional principle of equal pay for equal work. The Central Administrative Tribu…

During President's Rule in Punjab, the President of India issued an order exempting raw cotton, narma and oilseeds from octroi and directing municipal committees to impose an Urban Development Cess on these items. The State of Punjab issued a memo to municipal bodies, the cess was levied and collected, and the affected…

The Surat Textile Market Cooperative Society Ltd constructed a textile market with a revolving restaurant on the 14th floor, accessed by a lift that was used exclusively by restaurant patrons. The Municipal Corporation of Surat assessed property tax under the Bombay Provincial Municipal Corporations Act, 1949, and incl…

The owners of motor trucks, who employed drivers and cleaners, suffered fatal accidents and their employees' heirs filed claims under the Workmen's Compensation Act, invoking Section 167 of the Motor Vehicles Act. The Workmen's Commissioner awarded compensation, interest, and penalty, holding the insurance companies jo…

The case arose from a mob of about 200 armed persons who attacked labourers transplanting paddy on a field, resulting in the deaths of Razaullah and Ahmed Shah. The trial court convicted all accused under Sections 302/149 and 302/34 IPC; the High Court set aside the 302/149 convictions but upheld the 302/34 convictions…

The State of Haryana acquired land under the Land Acquisition Act, 1894 and awarded compensation of Rs.10 per square yard, which was later enhanced to Rs.12 and then Rs.15 per square yard by the District Judge and the High Court respectively. The landowner also claimed a solatium of 30% on the increase and interest at …

The appellants, senior officers of the Chief Controller of Imports and Exports, challenged a seniority list prepared on the basis of a 1987 Central Administrative Tribunal (CAT) judgment that affected their promotion prospects. After review petitions were rejected, they filed an application under Section 19 of the Admi…

The case concerned railway employees who retired between 1 January 1973 and 4 December 1988 and whose pension was to be calculated under Rule 2544 of the Indian Railway Establishment Code, which then allowed a running allowance of up to 75% of other emoluments. The Railway Board later issued notifications on 5 December…

The appellants, former guards of the Northern Railway who retired between 1980 and 1988, challenged a 1988 notification that retrospectively reduced the percentage of running allowance used to calculate pension from 75% to 45% (1973‑1979) and to 55% thereafter. The Full Bench of the Central Administrative Tribunal (CAT…

Rajesh Kumar and Harbir Singh appeared for the Institute of Engineers (India) examination in 1990. The Institute alleged copying based on similarity of answer books and cancelled their results, also disqualifying them from two subsequent exams. The appellants challenged the cancellation in civil court, which initially …

The Supreme Court examined whether Amalgamation Pvt. Ltd., a bulk shareholder holding investments in numerous subsidiaries, could claim a capital loss on the forced sale of shares to a subsidiary of a subsidiary, whether a loss incurred while guaranteeing a subsidiary's loan qualified as a business loss, and whether re…

Justice S.S. Dewan, former Chief Justice of the Punjab & Haryana High Court, retired on 31‑12‑1989 and elected pension under Part III of Schedule I of the High Court Judges (Conditions of Service) Act, 1954, governed by the Punjab Superior Judicial Service Rules, 1963. On 20‑Feb‑1990 Rule 16 of those rules was amended …

Manohar Lal Mirchea retired as a District and Sessions Judge in 1984, when his death‑cum‑retirement benefits were governed by the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. In 1990 Punjab amended Rule 16 of the Punjab Superior Judicial Service Rules, making the Punjab Civil Service Rules (specifica…

The case concerned the interpretation of a promotion rule reserving 50% of Assistant Engineer posts for candidates holding a degree in Electrical Engineering and three years of regular service as Junior Engineers. The dispute was whether the three‑year service requirement should be counted from the date the degree was …

V. Gangaram, a teacher appointed in 1959, obtained successive qualifications (B.A., M.A., B.Ed., M.Ed.) and was granted advance increments on the pay scale each time. The government circulars allowed one increment for a B.A. or equivalent, one for B.Ed., one for M.A., and one for M.Ed., but the post of Junior Lecturer …

The appellant, placed at No.10 on a select list of ten candidates for two lecturer positions in Physical Education, sought appointment after two candidates were already appointed. The government rejected his claim, citing an amendment to the Kerala Collegiate Education Service Special Rules, 1994, which imposed higher …

The Chairman of a bank, Kulwant Singh, was surcharged for allegedly using a bank car for unofficial purposes and purchasing furniture, with the bank seeking personal recovery of the expenses. The High Court quashed the surcharge, prompting the bank to appeal. The Supreme Court directed the Joint Registrar of Co‑operati…

The 1994 Gram Panchayat Sarpanch election in Rewa district resulted in Smt. Ram Rati being declared elected over Saroj Devi. Saroj Devi filed an election petition alleging that the election was not properly conducted and that a recount was not carried out despite an alleged application. The Tribunal ordered a recount, …

The case concerned a violent incident on 22 September 1990 in which five accused formed an unlawful assembly and attacked two victims, resulting in the deaths of Mohan and Sekhar. The prosecution charged the accused under various sections of the Indian Penal Code, including murder (302) and attempted murder (307). The …

The case involved a dacoity on 22 December 1987 at the house of Sanfula Devi, during which three persons were murdered and valuables stolen. The trial court convicted twelve accused under Sections 396 and 120‑B IPC, and the High Court added convictions under Sections 302 and 34 IPC. The Supreme Court examined whether t…

The appellants imported stainless steel circles in October 1980 and were assessed customs duty under Tariff Heading 73.15(2), which carried a higher rate. They contended that circles should be classified under the residuary sub‑heading 73.15(1) at a lower rate. The Customs, Excise and Gold (Control) Appellate Tribunal …

The respondent, Sri N. Umapathy, purchased the suit property and associated machinery from his vendor and has been in continuous possession since November 1989. The appellant, B.V. Muniyappa, holds a mining lease over the same land, granted by the Government on 29 November 1993. The trial court refused an ad‑interim in…

Mrs. P.K. Sandhu, an in‑service officer of the Lok Sabha Secretariat, filed a writ of quo warranto challenging the appointments of several Additional Secretaries, Joint Secretaries and the Secretary to the Speaker who had been placed on deputation before the recruitment rules were amended. The petition contended that t…

The respondents, who were licensees of a portion of a house belonging to Baij Nath, sued Makhanlal for permanent injunction, possession and damages, claiming they had no right to remain after the licence was revoked. Makhanlal contended that he had contributed half the cost of constructing the house, that the property …

Shri B.L. Sidhana, a temporary cash clerk in the Delhi Milk Scheme, was accused of misappropriating funds and was placed under suspension. While the criminal prosecution was pending, the competent authority terminated his services under Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965, mentioning…

The petitioner, Ratanlal Nath, challenged several rules made under the Tripura Panchayats Act, 1993, alleging they were ultra vires the Act and the Constitution. The issues concerned (i) provisos allowing use of records other than the last census for determining SC/ST and total population, (ii) sub‑rules governing the …

The appellant, a partnership firm, had claimed a development rebate under sections 33(1)(a) and 34(3)(a) of the Income Tax Act for several assessment years. One partner died, causing the firm to dissolve on 3 March 1968, before the eight‑year utilisation period prescribed by section 34(3)(a). A new partnership was form…

Two petitioners, Charan Lal Sahu and Mithilesh Kumar, filed an election petition challenging the election of K.R. Narayanan as President of India. Their nomination papers were rejected because they did not satisfy the mandatory requirement of Section 5B(1)(a) of the Presidential and Vice‑Presidential Elections Act, 195…

The petitioner, Dharti Pakar Madan Lal Agrawal, filed a composite election‑petition‑cum‑writ petition under Article 32 challenging the constitutionality of Sections 5‑B and 5‑C of the Presidential and Vice‑Presidential Elections Act, 1952 as amended by the 1997 Ordinance. The Supreme Court held that such a composite pe…

The Government of Orissa issued a selection list on 13 July 1993 for six copy‑holder posts in the State Press, but later imposed a ban on filling two‑thirds of the vacancies and the list expired on 12 July 1994 under Rule 11(v) of the 1978 Service Rules. Four candidates whose names appeared on the list sought a directi…

The State of Bihar, under the Bihar Excise Act, 1915, granted exclusive privilege for manufacturing and wholesale supply of country liquor in nine zones through a tender process. Unlike earlier practice of awarding a single contractor per zone, the 1995 tender allowed more than one contractor in each zone, and the lice…

Bijoy Kumar Mishra was appointed as a probationary officer of the State Bank of India in October 1980. He remained unauthorisedly absent from duty from April 1981 and, after a brief appearance in August 1983, was absent until 1988. The bank’s service rules fixed a maximum probation period of three years, which expired …

The State of Bihar enacted the Bihar Forest Restoration and Improvement of Degraded Forest Land Taxation Act, 1992 to levy a tax on the excavation and use of forest land for non‑forest purposes. Respondents, including Indian Aluminium Company, held mining leases under the Mines and Minerals Regulation Act, 1957 and cha…

The Government of Andhra Pradesh, at the request of the State Road Transport Corporation, acquired 9.87 cents of land in Anantapur for a bus stand under the Land Acquisition Act, 1894, publishing a Section 4(1) notification and invoking emergency provisions. Earlier writ petitions had quashed the original notification …

The case involved a cultural show organized by a minister where invitation letters on the minister's letterhead were forged. The appellant delivered the forged letters to the invitees but did not forge them himself. He was convicted by the High Court under IPC sections 417 (cheating), 465 (forgery), and 471 (using a fo…

The respondent, originally an Assistant Director in a government organization, was deputed to Punjab National Bank (PNB) on 10 March 1970 and absorbed permanently on 10 March 1972. PNB's 1979 Officers Service Regulations stipulated that officers recruited before 19 July 1969 retire at 60, while those recruited on or af…

The landlord sought eviction of tenants under the Karnataka Rent Control Act, 1986, claiming a bona‑fide requirement for his own occupation after demolishing and reconstructing the premises. The tenants argued that the landlord’s claim should fall under Section 21(1)(j), which provides a right of re‑entry to the tenant…

The Supreme Court dismissed three public‑interest writ petitions that sought to declare various provisions of Muslim, Hindu and Christian personal laws unconstitutional. The petitioners argued that polygamy, unilateral talaq, and discriminatory inheritance rules violated Articles 13, 14 and 15 of the Constitution. The …

Sandeep Kumar Sharma, brother of an IPS officer who had distinguished service against terrorism, applied for the post of Deputy Superintendent of Police. He satisfied all selection criteria except the minimum height requirement, falling short by 1.20 cm. The Punjab Government, invoking a policy to give special consider…

The appellant, a private firm, obtained a three‑year licence from the Government of Tamil Nadu to collect chank shells from coastal sites, the agreement containing Clause 7 which allowed the government to terminate the licence at any time without cause. After commencing operations, the government invoked Clause 7 and t…

A senior District & Sessions Judge (the appellant) granted bail to two accused under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The Patna High Court Single Judge cancelled the bail and harshly criticised the judge, alleging extraneous considerations, ignorance of Section 37, an…

The Allahabad High Court, through its Registrar, challenged a Division Bench judgment that declared Rule 4(a) of the Allahabad High Court Rules, 1951 ultra vires Article 215 of the Constitution because it required civil contempt matters to be heard by a single judge. The Supreme Court examined whether the rule conflict…

Goodyear India Ltd manufactured tyres of size 1800 mm and above for heavy moving vehicles such as dumpers and earth‑movers. Excise duty was levied on these tyres as "tyres for motor vehicles" at 60% ad valorem. The company claimed a refund, arguing that such tyres should be classified under the residuary sub‑item 3 "al…

The petitioners, Permanent Way Inspectors (Grade III) in the Indian Railways, sought a higher pay scale (Rs 1600‑2660) than the one fixed (Rs 1400‑2300) on the ground that they formed a separate cadre subordinate to Permanent Way Mistries and Direct Track Maintenance Mistries. The Central Administrative Tribunal (Madra…

M. Hara Bhupal, a Section Officer in the Intelligence Bureau, was deputed to the Central Administrative Tribunal (CAT) as Private Secretary on 14 June 1989. He later sought absorption in the CAT as a Section Officer, which was granted effective 4 November 1996, and claimed seniority either from his promotion date in th…

The petitioner, a Scheduled Caste officer, was transferred from Kola to Mumbai on the ground of administrative necessity, despite his claim that the transfer was made on compassionate grounds and was therefore invalid. He contended that, under instructions to retain SC/ST officers near their hometowns, the transfer vio…

The respondent filed a suit for specific performance against Mst. Bhabia Devi, and an ex‑parte decree was granted when she failed to appear. She later applied under Order IX Rule 13 of the CPC to set aside the decree, alleging that notice was not served because she was not residing at the alleged address. Evidence show…

The petitioners, employed as Fitters (T & G), sought to be merged with the Jig Borers category and to receive equal pay, alleging that the removal of separate nomenclatures and their fusion into a single Fitter category resulted in arbitrary and discriminatory treatment. The Central Administrative Tribunal had refused …

The State of Gujarat entered into agreement No. B‑1/17 of 1981‑82 with the contractor Dahyabhai to carry out protective measures for a road bridge over the Ambica River. Although the work order was issued on 3 June 1981, the contractor delayed in receiving the work sheet and specifications and ultimately abandoned the …

The petitioner, a former Branch Manager of a Gramin Bank, was charged with fourteen counts of dereliction of duty for granting loans without securing adequate securities or ensuring supply of implements to borrowers, resulting in loss to the bank. An inquiry officer found all charges proved based on documentary evidenc…

The Supreme Court reviewed orders of the Patna High Court that were monitoring the Central Bureau of Investigation's (CBI) probe into the Bihar scam. The Court clarified that the High Court's role is limited to ensuring that the CBI performs its statutory duty and must not pass on the merits of the accusations. It reaf…

Anarkali Sarabhai held 297 redeemable preference shares of Universal Corporation Pvt Ltd, purchased for Rs 2,68,550. The company redeemed the shares, paying the face value of Rs 2,97,000, resulting in a surplus of Rs 30,450. The Income Tax Officer treated the surplus as a capital gain under Section 45 of the Income‑Tax…

The respondents complained that the appellants fraudulently obtained their signature on a sale agreement and filed a criminal case under Sections 420 and 406 IPC. The Judicial Magistrate discharged the appellants, a revision before the Sessions Court was dismissed, and a second revision was filed before the High Court,…

The petitioner, Sodagar Singh, was appointed on an ad‑hoc basis as a Legal Assistant in Punjab Roadways under the direct‑recruitment quota provided by Rule 8 and 9 of the Punjab Roadways (Ministerial) State Service Class‑III Rules, 1977. The Punjab & Haryana High Court held that such an ad‑hoc appointment could not be …

The dispute arose over a permit granted by the Regional Development Authority under Motor Vehicles Rules Rule 155‑A(6). The Madras High Court held that the order was a nullity because it failed to record any reasons, as mandated by the rule. The appellants challenged this finding, contending that the High Court erred i…

The State of Haryana acquired 2,916 acres for a canal under the Land Acquisition Act, 1894. The District Judge fixed differentiated market values for abbi, barani and gair‑mumkin lands and, on reference under Section 18, enhanced the compensation. The Punjab & Haryana High Court single judge, however, ignored these dis…

M/s Swastic Industries challenged the Maharashtra State Electricity Board’s right to issue a supplementary bill of Rs 317,659 and disconnect its electricity supply after the bill was paid under protest. The State Consumer Disputes Redressal Commission held that the Board’s claim was barred by a three‑year limitation un…

The appellants challenged amendments to Karnataka Civil Services (General Recruitment) Rules, 1977 concerning reservation in promotion and the concept of backlog vacancies. The Supreme Court examined whether the first proviso added to Rule 8 could be applied retrospectively and whether the second proviso, which introdu…

The State of Punjab initiated disciplinary proceedings against Swarans Singh, who retired before the proceedings concluded. The disciplinary authority found misconduct and imposed a minor penalty, but the appellate authority on review imposed a 15% reduction in his pension. Singh filed a civil suit challenging the pens…

Sun Export Corporation (appellant No. 1) and its partner imported stainless‑steel tubes in 1973‑74 under licences held by Laxmi Engineering Co. They were authorised by letters of authority to clear the goods from the Bombay Port Trust warehouses, but failed to do so. The goods were subsequently confiscated by the Custo…

The appellant, a registered dealer in dhoop and agarbatti, was assessed sales tax under Entry 16 of Schedule A of the Punjab General Sales Tax Act, 1948, which listed "cosmetics, perfumery and toilet goods". The issue was whether dhoop and agarbatti fell within the term "perfumery". A single High Court judge allowed th…

The appellants were convicted under Section 302 read with Section 149 of the IPC for the murder of Babar Ali, based primarily on the testimony of six eye‑witnesses who were relatives of the deceased. The appellants challenged the admissibility of those witnesses, argued that no specific allegation against them was made…

The State of Uttar Pradesh prosecuted Bhoora and Vishram Singh for dacoity with murder under IPC sections 396 and 34. Four eye‑witnesses testified that they saw the accused, identifiable by the colour of their khaki uniforms and hats, under the illumination of two electric poles during the incident. The trial court acc…

The respondent, appointed as a Development Officer on probation by Life Insurance Corporation of India (LIC), was terminated on 22 May 1986 under Regulation 14(4) of the LIC Staff Regulations, which allows discharge without notice or cause during probation. He challenged the termination before the Karnataka High Court,…

The Karnataka Government had initially granted project staff free quarters, electricity and water, extending these amenities even to those posted at taluk headquarters. A later government order of 20 August 1987 sought to withdraw these amenities, initially claiming retrospective effect from 19 December 1985, which was…

The Ahmedabad Municipal Corporation regularly engaged Dr. V. K. Jayantibhai Patel on a daily fee basis to cover for its dental surgeons on leave. When permanent dental surgeon posts were advertised, Patel applied but was not selected, and he claimed permanent status based on 1,034 days of service, invoking an Industria…

Madhu Bala filed two complaints alleging offences under Sections 498A and 406 IPC before Chief Judicial Magistrates. The magistrates, invoking Section 156(3) of the Criminal Procedure Code, directed the police to register a case and investigate; the police registered FIRs, investigated, and submitted charge‑sheets. The…

The plaintiffs, sons of a borrower, sued to declare the sale deeds executed by their father null and void, alleging that the transactions violated Section 49 of the Gujarat Co-operative Societies Act because the father had an outstanding loan to the Rampara Seva Sahakari Mandali. The trial court found no evidence of il…

The appellant was tried before the Sessions Court for uxoricide and was convicted under Section 302 of the Indian Penal Code for murder. On appeal, the Andhra Pradesh High Court set aside the murder conviction and, invoking Section 222 of the Code of Criminal Procedure, convicted him instead under Section 306 IPC for a…

A super‑fast train collided with a hired passenger bus at an unmanned level crossing in Kerala, killing most of the bus occupants. The Supreme Court examined whether the bus driver was negligent, whether his negligence could be imputed to the passengers, and whether the railways owed a common‑law duty of care despite t…

An armed group stopped a bus at gunpoint, attempted to drag out the conductor Ram Babu, and shot him, resulting in his death. The prosecution relied on the testimony of an eye‑witness, Kedarnath, corroborated by a police informant, to convict the principal shooter (A‑1) under Section 302 IPC and the remaining accused, …

R. Kandasamy applied for a Mazdoor position in the Madras Port Trust and submitted a Community Certificate issued by the Tehsildar in 1987. The Trust rejected the certificate, insisting on a newer one from the Revenue Divisional Officer, citing G.O. No. 2137 dated 11‑Nov‑1989 which mandated post‑date certificates be is…

GTC Industries Ltd., a cigarette manufacturer, was served with three show cause notices demanding excise duty for different periods and factories. The High Court allowed the revenue to adjudicate the first notice but ordered that the adjudication order not be communicated to the assessee, later directing that the seale…

The landlord filed an eviction suit under Section 11(l)(c) of the Bihar Buildings (Lease, Rent & Eviction) Act, 1982 and simultaneously moved an application under Section 15 for arrears of rent both before and after the filing of the suit. The Subordinate Court ordered the tenant to deposit all arrears, but the Patna H…

M/s. Chillies Export House Ltd., a public limited company engaged in exporting chillies, claimed that its activities of sorting, grading, clipping, stemming and fumigation (the latter performed by a contractor) amounted to "processing of goods" under the Finance Acts, making it an "industrial company" eligible for a co…

Hindustan Steel Works Construction Ltd., a wholly‑owned Central Government company, entered into a contract to build a stadium for the Greater Cochin Development Authority. The Authority deducted 1% of the contract value as a contribution under the Kerala Construction Workers Welfare Funds Act, 1989. The company claime…

The appellants owned 25 bighas of land in Khirkee village that were covered by a composite notification under Section 4(1) of the Land Acquisition Act, 1894 issued on 5 November 1980, and a subsequent declaration under Section 6 published on 7 June 1985, more than three years later. Several writ petitions were filed ch…

The appellants inherited land that had been sold by a Mool Raiyat in 1939 to Bimal Kanti Roy Choudhury and subsequently in 1950 to their father, Radha Prasad Singh. The sale of 38.09 acres was approved and mutated by the Sub‑Divisional Officer and Deputy Commissioner after a seven‑month scrutiny, creating a vested righ…