Judgments of 1997

The Union of India challenged two orders of the Central Administrative Tribunal (CAT) that had granted higher pay‑scales to a laboratory assistant and a malaria technician beyond those prescribed in the Central Civil Services (Revised Pay) Rules, 1986. The Supreme Court held that the Tribunal had overstepped its jurisd…

The appellant, Brahmdeo Chaudhary, a stranger to a decree for eviction in favour of respondent No.1, resisted the execution of a warrant for possession against respondent No.2. The decree‑holder applied for a warrant with police assistance; the appellant filed an application before the executing court seeking a stay an…

The Income Tax Officer had completed assessments for 1969-70 and 1971-72, accepting the assessee's claim of a long‑term capital loss on the sale of shares. Later, a letter from the Deputy Director of the Directorate of Inspection, supported by documentary evidence, indicated that the fair market value of those shares w…

The case involved a mass murder in which 24 persons were accused of killing five members of a family, including the brutal decapitation of three victims and the burning alive of a ten‑year‑old boy, allegedly as revenge for the earlier murder of A‑1's brother. The prosecution relied on two eye‑witnesses who were close r…

Three brothers—Raj Mohammad, Niaz Ali and Gulzar Ali—were convicted for the murder of Tara Chand, a factotum of Jai Paul, based on circumstantial evidence, letters showing motive, and recovered weapons. The prosecution relied on letters seized from the accused, expert handwriting analysis, and statements by the accused…

The appellants, who had been appointed as Lower Division Clerks (LDCs) in Safdarjung Hospital on an ad‑hoc basis, were later regularised under the Safdarjung Hospital (Class III Posts) Recruitment Rules, 1973. After several years of service, the Government, relying on a memo that the regularisation of ad‑hoc LDCs who h…

Banarsi Das filed a suit for permanent injunction claiming peaceful cultivation of land he alleged to have inherited, while the defendants asserted ownership and produced documentary evidence of a sale deed. The trial court dismissed the suit; the District Judge reversed that decision and decreed in favor of the plaint…

The case involved a dacoity and murder where five accused were committed to the Sessions Court; one accused, MR, was granted pardon by the Chief Judicial Magistrate after commitment and examined as an approver. The Supreme Court held that after a case is committed to a Sessions Court, only that Court can grant pardon u…

The Commissioner of Wealth Tax, Gujarat sought to assess Ellis Bridge Gymkhana, an unincorporated club, for wealth tax for assessment years 1970‑71 to 1977‑78, arguing that the club fell within the term “individual” in Section 3 of the Wealth Tax Act, 1957. The club contended that an association of persons is not an in…

The Supreme Court heard a public‑interest writ petition filed by Uttarakhand Jan Morcha on behalf of residents of nine hill districts of Uttar Pradesh (Uttarakhand) seeking enforcement of the 27% reservation for socially and educationally backward classes under the U.P. Public Services (Reservation for SC, ST and OBC) …

M/s Embee Corporation entered into a contract with the Directorate General of Supplies & Disposal (DGS&D) to import carbamite from West Germany for use in a government explosives factory. The importer claimed exemption from Central Sales Tax, arguing that the sale was in the course of import under Section 5(2) of the C…

L.M.L. Ltd., a scooter manufacturer, purchased duty‑paid cold‑rolled steel sheets under tariff heading 7212.50 and claimed MODVAT credit. After cutting the sheets, the remaining off‑cuts were used to make small ancillary parts. The Collector of Central Excise held that the off‑cuts should be classified as sheets and ta…

The Employees State Insurance Corporation (ESIC) sought to recover unpaid ESI contributions from employer Dwarka Nath Bhargwa that were due on 27‑01‑1967 and 24‑01‑1968. ESIC issued notices under Section 45B of the Employees State Insurance Act, 1948, which had come into force on 28‑01‑1968, to recover the arrears as l…

The State issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land in Gadwal for a bus depot. The Land Acquisition Officer initially awarded compensation of Rs 8,000 per acre, which was enhanced by the Civil Court to Rs 20 per square yard and confirmed by the Andhra Pradesh High Court.…

The Maharashtra Public Service Commission sought to appoint a Deputy Medical Superintendent, prescribing a post‑graduation in Medicine and fifteen years of experience as mandatory qualifications. Dr. Bhanumati Purushottam Tathod, the respondent, had only fourteen years of experience and was not called for interview. Th…

Dr. Sailabala Padhi applied for the post of Professor of Environmental Science at Berhampur University. The Selection Committee found no candidate qualified, but the Sub‑Committee of the Syndicate recommended her appointment based on her marks and her MSc in Botany (Algology) and PhD in Algology. The Chancellor, acting…

The respondent, a doctor employed by the Government of Tamil Nadu, was absent from duty without authorization for five years (May 1 1982 to May 1 1987). A departmental enquiry under Rule 17(b) of the Tamil Nadu Services (Discipline and Appeal) Rules led to his removal from service. The Tamil Nadu Administrative Tribuna…

The Haryana Urban Development Authority (HUD A) issued a notification inviting applications for allotment of houses, requiring applicants to deposit earnest money and stipulating that no interest would be payable on such deposits. The respondents applied on 20 April 1993, but were unsuccessful in the lot draw, which wa…

The respondent, who had not produced documentary proof of his date of birth, was assessed by a medical board to be about 25 years old and was allowed to retire in 1984 instead of 1980. He filed an application before the Labour Court under Section 33-C(ii) of the Industrial Disputes Act, 1947, seeking all retirement ben…

The respondents, engaged as contract labour by a contractor, were denied full payment of their wages and claimed arrears. The Division Bench of the Calcutta High Court held that the principal employer, the Senior Regional Manager of Food Corp. of India, was liable to pay the outstanding balance. On appeal, the appellan…

The respondents, teachers in the Haryana Education Department, sought payment of salary in the selection‑grade pay‑scales, which the Punjab & Haryana High Court had granted. The Government issued an order (20 August 1996) stating that selection‑grade posts would be computed on the basis of total cadre strength, includi…

The State of Orissa appealed against the Orissa High Court’s order that allowed writ petitions of teachers seeking additional amounts based on a cut‑off date of 1 April 1981 for acquiring qualifications. The Supreme Court examined whether the cut‑off date prescribed by the Government was valid and whether the High Cour…

The Haryana State Electricity Board (the Board) had a policy that, when land was acquired, one member of the landowner's family must be given employment. Shamsher Singh, a son of the landowner, applied for appointment but died before the Board could appoint him. The Board then appointed his widow, Smt. Suresh Bala, in …

Premier Fabricators entered into a contract with Heavy Engineering Corp. that contained an arbitration clause. Disputes over items 2‑5 of the claim were referred to two arbitrators, who agreed the items were arbitrable but could not agree on the merits, so they appointed an umpire. The umpire issued a non‑speaking awar…

The appellants, Gujarat cement manufacturers, challenged three Rajasthan notifications that reduced the Central Sales Tax on inter‑state cement sales to 7% and later 4% and dispensed with the mandatory Form C declaration. They argued that the notifications were not issued in public interest, violated Articles 301, 302,…

The appellant National Insurance Co. Ltd. issued two fire policies with a Riot and Strike endorsement to the respondent Sujir Ganesh Nayak & Co. When a strike halted production and caused damage, the insurer denied liability, invoking Special Condition 5(i)(b) which excludes loss from cessation of work, Clause 19 which…

The non‑resident company Banque Nationale de‑Paris challenged a Super Profits Tax assessment that included interest received on Central and State Government securities. It argued that, under Clause X of Rule 1 of the First Schedule of the Super Profits Tax Act, 1963, such interest should be excluded from chargeable pro…

The appellants, processors of cashew nuts in Kerala and Karnataka, purchased raw cashew nuts imported by the Cashew Corporation of India (CCI), a canalising agency, and argued that these purchases were "in the course of import" and thus exempt from state sales tax under Section 5(2) of the Central Sales Tax Act, 1956. …

The petitioners challenged the promotions of several engineers in the Uttar Pradesh Public Works Department, arguing that the Supreme Court's decision in Indira Sawhney (Mandal) that reservation in promotion was unconstitutional could not be postponed for five years. The Court examined whether the right to promotion is…

The State Fishery Officers' Association entered into a tripartite agreement with the West Bengal government in 1961 to improve service conditions for fishery department officers. While the government issued orders granting all benefits except monetary ones for the period 1961‑1981, the association sought tribunal direc…

The Himachal Road Transport Corporation (HRTC) initiated disciplinary proceedings against conductor Shri Kewal Krishan for failing to issue tickets. The enquiry was started by the Assistant Manager, Mr K.N. Uppal, who had been designated as Head of Office under the HRTC (Class III & IV) Services Regulations, 1975, and …

The Supreme Court examined whether a civil servant can be suspended before retirement when an enquiry into a grave criminal offence is merely contemplated. K. Munniappan, a Divisional Engineer, was served a suspension order under Rule 17(e)(1) of the Tamil Nadu Civil Services (CCA) Rules because an investigation into a…

The Supreme Court considered a review petition filed by the widow of the original petitioner who had died, seeking to set aside the abatement of the suit caused by the death. The Court examined whether the application to bring legal representatives on record, filed after the 90‑day period prescribed by Article 120 of t…

C.S. Joshi, a lower‑division clerk at IIT Kanpur, was removed for fabricating records and misappropriating funds. Under Section 4‑K of the U.P. Industrial Disputes Act, the Labour Court ordered his reinstatement with 50% back‑wages. The institute obtained a writ petition and the High Court reduced the back‑wages to 25%…

The appellants, rice millers, supplied rice to the Food Corporation of India under the Andhra Pradesh Rice (Procurement Ex‑Mill Prices) Order, 1975 and were paid the notified procurement price. The State later issued a memorandum (Nov 2 1976) extending that price to the 1976‑77 crop and, by a Gazette notification dated…

The National Association of Educated Self Employed Youth (NAESEY) had installed kiosks within hospital premises and on the margins of busy roads in Madras, Vellore and Tiruppur. The Tamil Nadu government ordered their removal, citing health hazards in hospitals and traffic hazards on main thoroughfares, and offered to …

The appellant had entered into a contract to sell a parcel of land to the respondent, who later sued for specific performance but the suit was dismissed and a decree for refund of earnest money was granted. The decree-holder sought execution of the decree, leading the court to attach and auction the appellant's land. T…

The petitioner, Dr. (Capt.) Akhouri Ramesh Chandra Sinha, filed a contempt petition alleging that the State of Bihar had failed to implement the Supreme Court’s earlier judgment fixing his seniority from 6 September 1966 and the consequent promotional benefits. He further claimed that officers who were not entitled to …

The appellant, a member of a joint Hindu family, executed a gift deed in favour of a stranger in 1959, later cancelled it and sold the property to the respondent. The respondent sued for a declaration that the gift deed was obtained by fraud and therefore voidable, and for possession based on the subsequent sale deed. …

Six lab assistants employed on daily wages at a private college filed a writ petition under Article 226 seeking equal pay with government employees, invoking Article 39(d) and executive instructions. The High Court dismissed the petition, and the matter reached the Supreme Court on appeal. The Court examined whether a …

The State of U.P. appealed against a Service Tribunal and High Court order that quashed adverse remarks recorded in the confidential reports of Yamuna Shanker Misra and another employee for the years 1987‑88 and 1988‑89, which had denied their promotion. The Tribunal held the remarks were made with malice and arbitrari…

The Bandhua Mukti Morcha filed a public‑interest writ under Article 32 seeking a total ban on employment of children below 14 years in the carpet industry of Uttar Pradesh and direction to provide education, health, nutrition and other welfare facilities. The Court examined evidence showing widespread child‑bondage, ph…

Vam Organic Chemicals Ltd. and two other firms, licensed to produce industrial alcohol (rectified spirit) for chemical manufacturing, challenged Uttar Pradesh's Notification No. 25/Licence/Part‑3 dated 18‑May‑1990 which imposed a denaturation fee of 7 paise per litre under Section 41 of the U.P. Excise Act, 1910. The p…

M/s. Phool Chand Gupta, a dealer in oilseeds, claimed exemption under Section 6(2) of the Central Sales Tax Act for the sale of Mohwa seeds purchased in transit and sold to dealers outside Andhra Pradesh. The Deputy Commissioner withdrew the exemption because the dealer had not furnished Form C, a requirement under Rul…

The State of Orissa appealed against the High Court's order quashing the Commissioner of Sales Tax's revision of assessment orders for the assessment years 1969-70 and 1970-71 against Mis. Krishna Stores. The assessments had been reassessed under Sections 12(4) and 12(8) of the Orissa Sales Tax Act, and the firm’s appe…

M/s Orient Trading Co. held 14,500 shares of Asiatic Oxygen & Acetylene Co. as stock-in-trade, valued at Rs 1,45,000. It exchanged these for 55,100 shares of Asiatic Oxygen Ltd. at a ratio of 38:10. The Income Tax Officer valued the received shares at Rs 5,51,000 (based on market price of Rs 10 per share) and taxed the…

The petitioners, the Superintending Engineer, Public Health, UT Chandigarh and others, appointed two officers to the post of Head Draftsman without considering the respondent, Kuldeep Singh, a Scheduled Caste (SC) candidate who was eligible for promotion under the reservation roster. The vacancy was reserved for Schedu…

The Government of Tamil Nadu issued G.O.Ms. No.145 (Revenue) on 29 January 1990 increasing the quota of Superintendents eligible for deputation as Tehsildars, a step contested by the Superintendents. The Tamil Nadu Administrative Tribunal set aside the order and directed the government to revise its policy and allocati…

The Supreme Court entertained a writ petition filed by environmental lawyer M.C. Mehta under Article 32 seeking directions to curb the growing menace of unregulated traffic in the National Capital Region (NCR) and National Capital Territory (NCT) of Delhi. Relying on the Motor Vehicles Act, 1988 and the Constitution, t…

The appellants, twenty daily‑wage employees appointed in 1980 to Class III and IV posts in the Bihar Health Department, were regularised in 1989 but later faced termination in 1993 after a show‑cause notice. The High Court dismissed their writ petition for regularisation, prompting this appeal. The Supreme Court observ…

The respondent, a registered dealer under the Karnataka Sales Tax Act, purchased fish oil from unregistered dealers and sold it within Karnataka to another dealer, Kalbhavi, who intended to export the oil. The issue was whether the purchase of the fish oil attracted purchase tax under Section 6 of the Karnataka Sales T…

The Gujarat Industrial Development Corporation (GIDC), created under the Gujarat Industrial Development Act, 1962, sought exemption from income tax under Section 10(20A) of the Income Tax Act, 1961, claiming that its income arose from planning, development, or improvement of cities, towns, and villages. The Income Tax …

The Gujarat Government, through its Legal Department, issued a circular directing that proposals to file an appeal against an acquittal be routed through the District Magistrate, whose opinion was considered essential before the State took a final decision. The High Court, concerned about delays, ordered that such prop…

Thiru Arooran Sugars Ltd., a sugar manufacturer, cultivated sugarcane for its own factory and also bought large quantities of sugarcane from the market. Because part of its income was agricultural and part was business, the company sought to deduct the market value of the sugarcane it used as raw material under Rule 7 …

The respondent, a manufacturer of trailers and steel furniture, sought a refund of excise duty on the ground that the aggregate value of clearances of both items in the preceding financial year was below Rs 20 lakhs, invoking paragraph 2(ii) of Notification No. 80/80. The Assistant Collector rejected the claim because …

Dr. Chaudhary, originally appointed as an Associate Professor of Neurosurgery on an ad‑hoc basis, was later promoted to Professor. Dr. Ramesh Chandra challenged the promotion, arguing that Chaudhary lacked the requisite qualifications under the Indian Medical Council Regulations (IMCR) 1971, specifically the two‑year "…

The Delhi Stock Exchange Association Ltd., a company limited by shares, claimed exemption from income tax under Section 11 read with Section 2(15) of the Income Tax Act, 1961, asserting that its income was derived from property held in trust for charitable purposes. The claim pertained to assessment years before Decemb…

The petitioners, employees of the Food Corporation of India, sought promotion to Assistant Manager Category II under the Staff Regulations, 1971, which require three years of experience as Assistant Category I. The Promotion Board issued executive instructions that relaxed this experience requirement and promoted certa…

The respondent purchased three bighas and six kathas of land from the Raja Dumraon Raj in 1957 and filed a suit for declaration of title. The appellant claimed he had been in possession of the land as a lessee since 1925 and the trial court dismissed the suit, finding the appellant to be a raiyat. The Subordinate Judge…

The University of Cochin adopted Kerala State Subordinate Service Rules 14‑17A to reserve certain non‑teaching posts for Scheduled Castes and Scheduled Tribes and advertised six such posts for special recruitment. The first respondent, a Section Officer, applied for the posts but was not selected and challenged the app…

J.P. Sharma, who had been Headmaster of a Junior High School since July 1974, contested the appointment of Man Singh Verma as Headmaster of the same school after it was upgraded to a High School in July 1976. The selection was made under Section 16‑E(2) of the U.P. Intermediate Education Act, 1921, which requires a min…

The appellant, Ram Sakhi Devi, was appointed headmistress of a junior high school that was upgraded to a high school. The managing committee selected her under the U.P. Intermediate Education Act, 1921, but the District Inspector did not ratify the appointment. The appellant challenged the dismissal of her writ petitio…

A writ petition filed by MP Dinesh Trivedi and NGOs under Article 32 sought full disclosure of the Vohra Committee Report, its supporting annexures, and the names of officials implicated, and challenged the constitutionality of Section 5 of the Official Secrets Act, 1923. The Court held that the Report tabled in Parlia…

Ashok Leyland Ltd., a manufacturer of trucks, sold vehicles to state transport undertakings and other buyers through its regional sales offices (RSOs) across India. The company filed Form ‘F’ with the Tamil Nadu sales‑tax authority, claiming the movement of goods to RSOs was a transfer, not a sale, and paid sales tax i…

Northern Plastics Ltd. imported X‑ray and graphic art films and claimed a concessional customs duty under a government notification, which was denied by the Assistant Collector of Customs. The Additional Collector later allowed clearance on full duty, prompting Hindustan Photo Films Ltd. (HPF), a business rival, and th…

Progressive Financers, a partnership of five persons including a minor admitted to the benefits of the firm, applied for registration under Section 184 of the Income Tax Act, 1961 for AY 1967-68 and for renewal for AY 1969-70 and 1970-71. The Income Tax Officer rejected the application, treating the firm as an Associat…

Steel Authority of India Ltd (SAIL) manufactured steel ingots using pig iron as a captive input and followed the "later the better" principle, paying excise duty only on the final steel ingots while steel‑melting scrap, a by‑product, was exempt under Notification No.150/77. The Central Excise Department issued show‑cau…

The Assistant Collector of Central Excise, acting as complainant, appealed to the High Court against the sentences imposed on V. Krishnamurthy and others for offences investigated by a Customs Officer, invoking Section 377(2) of the Code of Criminal Procedure. The Supreme Court examined whether a Customs Department off…

Neelam Rani died from burns in 1987. The husband (appellant) and his father were convicted by the Sessions Court of murder (Sec. 302 IPC), dowry death (Sec. 304B IPC) and cruelty for dowry (Sec. 498A IPC). The High Court upheld the murder conviction and acquitted the father. On appeal, the Supreme Court held that the e…

The deceased respondent and Smt. Reshambai jointly purchased 9 acres of land. Reshambai executed an agreement of sale in favour of the appellant, promising to convey her share to the respondent, but later refused to execute the deed, alleging fraud and that the agreement was void under the rule against perpetuity. The …

The appellant, Rana Pratap Singh, was temporarily promoted to Sub‑Inspector in February 1976 and served in that post until his reversion on 7 May 1983. The Government later created 1,300 super‑numerary police posts in December 1984, stipulating that only Sub‑Inspectors who had served three years or more up to 30 Septem…

The appellants, Kerala recruits in the Land Revenue Department, challenged the validity of the Special Rules issued by the Government of Kerala on 16 June 1980, which retrospectively required Lower Division Clerks to pass certain promotion tests dating back to 1963 and 1964. The Kerala High Court struck down those rule…

Dr. A.K. Sinha, an IAS officer allotted to the Haryana cadre, obtained a Ph.D. in 1979 and sought four advance increments under Rule 2(b) of the All India Services (Conditions of Service) Rules, 1960. The Haryana State Government denied the request, but the Punjab & Haryana High Court directed the State to grant the in…

The Supreme Court examined a civil appeal concerning a decree that granted a perpetual injunction against the appellant and a second defendant in a land dispute. The decree against the second defendant had become final because he did not contest it, while the appellant appealed the decree. The Allahabad High Court dism…

The respondent, a Smallpox Supervisor in the Haryana Health Department, resigned to contest state assembly elections and his resignation was accepted. After losing the election, he applied to withdraw his resignation, but the application was rejected, leading him to file a writ petition. The Punjab & Haryana High Court…

The appellant, Kameshwari Devi, was a minor when a partition suit (Suit No. 178/57) was filed in 1957 concerning the estate of her father, Bigan Kumhar. A court‑appointed guardian represented her, and the suit resulted in a decree granting a 1/42 share to each branch, based on a registered partition deed (Phatbandi). A…

The appellant, Satish Kumar, leased immovable property to the respondent, Zarif Ahmed, for eleven months at a monthly rent of Rs.220. After the tenant defaulted, the landlord obtained a decree of ejectment from the trial court, which the High Court set aside on the ground that the unregistered lease deed could not be a…

M/s New Kenilworth Hotel filed a suit challenging actions of the Orissa State Finance Corporation under Section 29 of the State Financial Corporation Act and sought a permanent injunction to protect its possession of a hotel. The trial court granted a status‑quo order, which was later vacated by a single Judge of the O…

The State of Rajasthan terminated the service of Dinesh Kumar Bharti, an ad‑hoc teacher appointed on 30 September 1970, after a Screening Committee under Rule 25 of the Rajasthan Service Rules, 1951 found him unfit for regularisation. Bharti challenged the termination; the trial court upheld it and the appellate court …

The petitioners, a Bihar distillery licensed under the Bihar Excise Act to manufacture industrial alcohol (rectified spirit), challenged the State’s notice of cancellation of its licence, contending that licensing and control of such distilleries fall exclusively within the Union’s competence under the Industries (Regu…

The bank had issued letters of credit to the appellant (seller) for buyers, and the appellant drew funds despite alleged non‑shipment of cigarettes. The bank sued the buyers and the appellant for recovery of Rs 52,59,639.66. The appellant moved to reject the plaint under Order 7 Rule 11 CPC, claiming no cause of action…

The State of Kerala appealed against the Kerala High Court’s decision that the rubber cess imposed under the Rubber Act, 1947 could not be included in the purchase turnover of dealers for sales‑tax purposes. The dealers argued that the cess was payable only by the manufacturer and therefore not part of the purchase pri…

The appellants, a group of landlords, challenged Sections 5(10)(B), 11(1) and 12(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, which fixed "standard rent" at the level prevailing on 1 September 1940 or at the first letting, thereby preventing rent increases. They argued that the provisions ha…

The appellant, S.K. Jain, was inducted by the respondent, Royce Pereira, as a paying guest in 1971 and later claimed to be a licensee and tenant. The dispute centered on the interpretation of Section 5(6A) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, specifically whether the licensor must res…

The State of Uttar Pradesh appealed against a High Court order that exempted a parcel of land in village Para, Lucknow, from the ceiling provisions of the Urban Land (Ceiling & Regulations) Act, 1976 on the ground that it was agricultural land. The land was entered as agricultural in revenue records and shown as such i…

Smt. Rebati Devi (deceased) filed a suit for possession of a property against her son Ram Dutt Gupta, who claimed the property was purchased by her husband in her name, i.e., a benami transaction. The trial court held the plaintiff was not a benamidar, but the appellate court reversed that decision and the High Court a…

The case concerned the sale of a flat owned by Tahira Sultana, the wife of a COFEPOSA detainee, to Tayab Ali, who later died and whose heirs appealed. The property had been subject to a forfeiture order under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) and a stay was impo…

The respondent, K.T. Patel, was dismissed from Dena Bank and the Central Industrial Tribunal ordered his reinstatement, which the bank challenged before the Gujarat High Court. The High Court stayed the award but required the bank to pay wages under Section 17‑B of the Industrial Disputes Act. The respondent sought pay…

The appellant filed a partition suit for ten immovable properties (Schedule A) and additional properties (Schedule B). The defendants, in their written statement, admitted that seven of the Schedule A properties were joint family assets and that the appellant was entitled to a one‑third share, while three were exclusiv…

Mis Hunsur Plywood Works Ltd., a public limited company, claimed a development rebate under Section 33 of the Income Tax Act for the assessment years 1972-73 to 1974-75, which was initially allowed. The assessing authority later observed that the company had transferred amounts from the development rebate reserve to it…

The respondent, an employee of Western India Plywood Ltd., suffered a hand amputation while at work and received disability benefits under the Employees' State Insurance (ESI) Act, 1948. He later sought permission to file a suit for additional compensation against his employer under tort law, but the trial court dismis…

Sahney Steel Press Works Ltd. set up a factory that began production in 1973 and, under an Andhra Pradesh Government notification, received a refund of sales tax and other incentives amounting to Rs 14,665.70 in the assessment year 1974‑75. The Income‑Tax Officer treated the amount as assessable income under section 41…

The State of Kerala filed a Miscellaneous First Appeal against a Sub‑Court decree in an arbitration matter, but the appeal was filed 565 days after the limitation period expired. The High Court, despite the respondent’s strong opposition, condoned the delay without recording any satisfaction that the explanation offere…

The petitioners filed writ petitions seeking a Supreme Court direction that all States appoint sufficient Special Judicial Magistrates (SJM) and Special Metropolitan Magistrates (SMM) under Sections 13(1) and 18(1) of the Criminal Procedure Code, 1973, to clear the massive backlog of petty criminal cases and ensure spe…

The appellants, Jai Parkash and others, challenged the compensation awarded for land acquired by the Union of India in village Keshopur under the Land Acquisition Act, 1894. The Land Acquisition Collector had divided the land into blocks with varying rates, which were later raised by the Additional District Judge. The …

The landlord (appellant) sought a perpetual injunction against the tenant (defendant) to stop any construction on a building that had been destroyed by fire, claiming the tenancy had ended. The City Civil Court granted an interim injunction and later found it had jurisdiction, subsequently punishing the tenant for cont…

The deceased declarant, who had three wives and ten children, had elected his first wife and her minor children as his statutory family under Explanation I to Section 82 of the Kerala Land Reforms Act, 1963. The Taluk Land Board ordered him to surrender 160.54 acres of surplus land; after revisions the Board fixed a su…

The petitioners, general‑category medical graduates, challenged a Uttar Pradesh Government circular dated 31‑August‑1995 that removed the requirement of a minimum 35% qualifying mark for SC/ST/OBC candidates in the entrance test for postgraduate medical courses. They argued that the circular violated the Indian Medical…

The case concerned a decree for specific performance granted in 1982, which became final after the Supreme Court dismissed a Special Leave Petition. The trial court had directed the respondents to deposit Rs. 500 and execute a sale deed by June 7, 1982, and later extended the time for compliance on August 20, 1982, not…

The petitioner, Mis. Ashok Caterers, occupied premises under a monthly lease that was offered for five years but never accepted; the lease expired in January 1990 and the tenancy was later determined by order on 24 December 1994. The Municipal Corporation of Greater Bombay initiated summary eviction proceedings under S…

Bechan, a bhumidar under the U.P. Zamindari Abolition and Land Reforms Act, 1950, executed three gift deeds in favour of his stepson Laldhar—two in June 1951 and one on 18 November 1957. The first two gifts were challenged on the ground that permission for alienation was not properly obtained, but the court held that t…

The respondent obtained a decree for Rs. 3,825.85 and his property was sold on December 18, 1978; the petitioner bought it for Rs. 67,000. The respondent filed an application under Order XXI, Rule 90 of the CPC to set aside the sale, which the executing court dismissed. On appeal, the appellate court set aside the sale…

The case concerned the succession to the shebaitship of the Shri Jugal Kishoreji Maharaj Mandir founded by Hari Dass. After the founder's death, his four chelas were nominated but none exercised the power to appoint a successor. The last serving chela, Bansi Dass, executed a will nominating Rambir Das and his brother a…

The Supreme Court examined public‑interest writ petitions filed after the CBI seized diaries implicating senior politicians and bureaucrats. The petitions alleged that the CBI and revenue authorities had failed to investigate the allegations and that a government "Single Directive" requiring prior sanction of the conce…

The case concerned whether a retired government servant, receiving a modest pension, could be deemed "wholly dependent" on his son under Rule 2(d) of the M.P. Civil Services (Medical Attendance) Rules, 1958, thereby allowing the son to claim reimbursement of medical expenses incurred for the father's treatment outside …

Mangi Lal Sharma, a clerk in the Madhya Pradesh Irrigation Department, resigned after a denied transfer request and remained absent for over five years, leading the State to treat his service as terminated. He filed a suit under Section 34 of the Specific Relief Act for a declaration that he remained in service, and th…

Premier Breweries, a dealer in Indian Made Foreign Liquor, sold liquor in bottles packed in cardboard cartons and was assessed sales tax at 8% on the cartons under Entry 97 of the Kerala General Sales Tax Act, 1963. The Deputy Commissioner, invoking sections 5(5) and 5(6) of the Act, revised the assessment to tax the c…

The appellant was convicted of murder under Section 302 IPC for allegedly pouring kerosene on his wife and setting her on fire. The victim survived for about twenty days after the incident, during which she gave two statements to a police Sub‑Inspector and a magistrate accusing her husband. The defence argued that thes…

Police officers were accused of murdering a man identified as Kantuji Mohan Singh after beating him during interrogation at a police station. The prosecution relied on circumstantial evidence, including the discovery of a decomposed body in a jungle and identification of the body by relatives based on clothing and arti…

The appellant, Bhana Khalpa Bhoi Patel, was charged under Sections 135(1-A) and 135(1-B) of the Customs Act, 1962 and Section 25 of the Gold Control Act, 1968 for involvement in the smuggling of contraband gold. The prosecution relied on statements recorded under Section 108 of the Customs Act from several co‑accused a…

A. Nagamalleswara Rao was appointed as a telephone operator by falsely claiming 79.80% marks in his SSC examination, whereas he had actually secured only 48.6%. He failed to produce the original or a duplicate SSC certificate despite repeated requests, leading to a departmental inquiry under Rule 3(1)(i)(iii) of the Ce…

The case concerned whether the training period of direct recruits to the Himachal Pradesh Forest Service (Class II) should be counted for seniority. Respondents, who were promotee officers, applied to the Himachal Pradesh Administrative Tribunal for a direction that seniority be measured from the date of joining the se…

The appellants, four accused, were alleged to have conspired to murder Merli and her two children by administering potassium cyanide. The prosecution relied on extensive circumstantial evidence, including the accused's movements, fingerprint on a glass, forensic laboratory report, medical certificates, and a confession…

Balwinder Kaur married Hardeep Singh under Sikh rites and later filed a divorce petition on grounds of cruelty and desertion. The husband did not appear, and the District Judge granted an ex‑parte decree of divorce. The wife appealed to the High Court under Section 28 of the Hindu Marriage Act, alleging that her husban…

The Department of Telecom (DoT) of the Union of India appealed a High Court order that held the DoT to be an "industry" under the Industrial Disputes Act, 1947. The Supreme Court examined whether the DoT, engaged in commercial telecommunications services and not performing sovereign functions, falls within the definiti…

A motor accident gave rise to a compensation claim by Santro Devi and others against National Insurance Co. Ltd. The Motor Accidents Claim Tribunal found that the driver of the offending vehicle held a valid licence that had been duly renewed, and the Punjab & Haryana High Court affirmed this finding. The High Court, h…

The appellant challenged a lower court order that rejected her claim that filing a counter‑claim under Order VIII Rule 6A of the Code of Civil Procedure after the written statement was barred. The suit (Civil Case No. 248/82) was instituted on 15‑July‑1982 and the application for a counter‑claim was filed on 22‑June‑19…

The seven‑Judge Constitution Bench examined the constitutional validity of sub‑clause (d) of Article 323A and Article 323B, which sought to exclude the jurisdiction of all courts except the Supreme Court under Article 136, and Section 28 of the Administrative Tribunals Act, 1985, which attempted a similar exclusion of …

The Supreme Court examined whether the Coal Controller, exercising powers under Clause 8 (and 9) of the Colliery Control Order, 1945, could direct Central Coalfields Ltd. (CCL) to transfer allotted steam‑coal from Urimari and Jarangdih collieries to Sirka collieries, thereby overriding CCL's contract with Continental T…

The Nagpur Improvement Trust (NIT) was liable to pay non‑agricultural assessment levied under the Maharashtra Land Revenue Code on lands it had leased to various lessees. The lessees contested this liability, arguing that Rule 9 of the Nagpur Improvement Trust (Land Disposal) Rules, 1955 made the Trust solely responsib…

The plaintiff, a mortgagee, sought redemption of a usufructuary mortgage created in 1946 over a property that was then under a lease expiring in 1948. The defendant, the lessee, claimed that his leasehold right survived the mortgage and gave him a non‑evictable interest, preventing the mortgagee from taking possession …

Bombay Dyeing & Manufacturing Co. Ltd entered into a contract with a U.S. firm to import a plant for manufacturing dimethyl terephthalate and applied for registration under the Project Import (Registration of Contract) Regulations, 1965. The contract was approved for a CIF value of US$17 million plus dismantling and te…

The Supreme Court considered whether malt and malt extract manufactured by Barmalt (India) Ltd. qualify as "food products" under Excise Notification No. 55 of 1975 and whether the company was entitled to a refund of excise duty on the basis of unjust enrichment. The Court affirmed the Delhi High Court's view that malt …

The Tamil Nadu Electricity Board (TN EB) contracted Bridge Tunnel Constructions to build inter‑connecting tunnels for the Suruliyar Hydroelectric Project. After the contract was completed late, a dispute arose over additional payments. The respondent invoked the arbitration clause (clause 50) and appointed a sole arbit…

The Supreme Court examined the classification of paper‑based decorative laminated sheets, cotton‑fabric‑based laminates and paper‑based electrical insulators manufactured by M/s Wood Polymers Ltd. The Revenue argued that the products fell under Chapter 48 (sub‑headings 4818.90/4823.90) and were eligible for concessiona…

The Supreme Court examined whether a suit for dissolution and accounts filed by a founding partner of M/s Paramount Builders was barred by Section 69(2A) of the Partnership Act, as amended by Maharashtra. The firm, originally registered in 1980, had admitted the widow of a deceased partner in 1986 without notifying the…

Hindustan Lever Ltd. advertised its New Pepsodent toothpaste as 102% superior in antibacterial action to the "leading toothpaste", which the MRTP Commission identified as Colgate Dental Cream. Colgate Palmolive (India) Ltd. and a consumer filed a complaint under Sections 10, 36A(viii), 36A(x) and 36B of the Monopolies …

The appeal arose from the removal of several Pradhans of Gram Sabhas in Uttar Pradesh under Section 14 of the U.P. Panchayat Raj Act, 1947 (as amended by Act 9 of 1994). The Pradhans challenged the provision, arguing that only the members of the Gram Sabha who elected them could remove them and that the statute violate…

The State of Uttar Pradesh filed a Special Leave Petition against an interim order passed by the Gauhati High Court in C.R. No. 4986 of 1997, seeking relief against the State of Nagaland and others. Both parties presented extensive arguments before a two‑Judge Bench of the Supreme Court. The Court noted that the writ p…

The landlord filed an eviction petition under Section 14(3)(c) of the Himachal Pradesh Urban Rent Control Act, 1987, claiming the tenant defaulted on rent and that the premises were needed bona fide for building or rebuilding. The Rent Controller dismissed the petition for lack of evidence about the building's conditio…

The Steel Authority of India Ltd. (SAIL) supplied hot rolled steel strips to Ambica Mills Ltd. under an Import‑Export Policy scheme that required the importer to hold a valid advance licence, duty exemption certificate, export bond and an irrevocable Letter of Credit. The importer submitted a licence on 20‑Aug‑1983 tha…

The Director of Health Services issued a public notice stating that under the Indian Medicine Central Council Act, 1970, Ayurved Ratna and Vaid Visharad degrees awarded by Hindi Sahitya Sammelan Prayag were recognised only up to 1967, and that holders of such degrees obtained after that year could not be registered or …

The respondent, a Forest Range Officer, was alleged to have committed misconduct and a preliminary inquiry was launched in 1976. While the inquiry was pending, he was promoted to Assistant Conservator of Forest in 1977. After the inquiry concluded, the State Government penalised him by withholding two salary increments…

The Supreme Court examined the constitutional validity of Sections 28‑B(5) and 28‑C(9) of the Shri Jagannath Temple Act, 1954, which barred temple attendants (Sevaks) from receiving any share of offerings placed in newly installed hundis and from claiming a share of the foundation fund. The Sevaks argued that these pro…

The petitioner, K. Ponnamma, and her husband were charged under Sections 302 and 201 of the Indian Penal Code; the husband was convicted while the petitioner was acquitted. During the pendency of the criminal trial she was suspended under Kerala Service Rule 57, which bars drawing any pay except a subsistence allowance…

The vacancy for an E.C.G. Technician in the Northern Railway Hospital was filled by promoting a Scheduled Caste candidate, Prakash Kaur, under a 40‑point roster and rule of rotation that reserved the post for SCs. An unsuccessful general‑category candidate challenged the promotion, arguing that reserving a solitary pos…

The Flag Officer Commanding‑in‑Chief and others appealed against a decision of the Central Administrative Tribunal (CAT) that ordered the appointment of Mrs. M.A. Rajan, a Scheduled Caste candidate, to a Grade III Stenographer post in the Ministry of Defence. The recruitment rules prescribe three sources of appointment…

The appellant, a government employee, was dismissed after suspension but the Central Administrative Tribunal set aside the dismissal and reinstated him on 13 March 1992, also directing that he receive all consequential benefits. The appellant did not receive those benefits, filed a contempt petition which was dismissed…

Mohan Lal and others appealed against an order of the Himachal Pradesh Administrative Tribunal concerning the inter‑seniority of direct‑recruits to the Excise and Taxation Inspectorate (Class III) Service. The dispute centered on the interpretation of Rule 11 and Rule 4 of the Himachal Pradesh Excise and Taxation Depar…

The case concerned land acquired under the Land Acquisition Act, 1894, with a notification issued in 1970 and an award passed in 1980. The respondents sought a reference under Section 18, and the District Judge enhanced compensation, applying the provisions of Amendment Act 68 of 1984. The appellant, a U.P. Avas Evam V…

The respondent, an employee of Power Finance Corporation Ltd., applied for voluntary retirement under a scheme intended to reduce surplus staff. The corporation accepted his resignation on 20 December 1994, subject to the clearance of outstanding dues, and said the acceptance would be effective from 31 December 1994. T…

The petitioner applied for a 15‑year mining lease over 12.08 acres of private land in Prakasam district, Andhra Pradesh. The Director initially granted a six‑month lease, but the landowners challenged the grant and the High Court ordered that any lease could be issued only with the owners' consent. Despite this directi…

The case involved parallel suits concerning Premises No. 31, Raja Santosh Road, Alipore, where the landlord (Indian Standard Casting Co.) obtained an ex parte decree in a suit against the principal tenant and executed possession, despite a pending suit in another court that had granted a status‑quo order and an ad inte…

The appellant, Ganesh, a member of the forward caste ‘Thakur’, claimed that he belonged to the Scheduled Tribe categories ‘Ma Thakur’ or ‘Ka Thakur’ in Maharashtra and applied for a caste certificate. The Scrutiny Committee examined his claim and rejected it, finding that he did not satisfy the affinity test required f…

Dr. B.S. Goel, Head of the Department of Statistics at M.M. Degree College, Modinagar, went on a one‑year foreign assignment with the college’s prior approval. After the assignment expired, the Managing Committee asked him to resume duties; he failed to do so, prompting an inquiry into his unauthorized absence, which h…

The respondent, Ajay Kumar, was appointed on a daily‑wage basis as a Class IV Nursing Orderly in a medical college on 14 February 1985. He filed a writ petition seeking regularisation, but the single judge held that no statutory rule or administrative instruction existed to convert his daily‑wage appointment into a per…

The respondent, A. Gurusamy, obtained a certificate in 1971 claiming Scheduled Tribe (Kattunaicken) status, which was later cancelled after an enquiry revealed he belonged to a Scheduled Caste (Thotti). He filed a civil suit seeking a declaration that he is a Scheduled Tribe; the trial court and appellate court granted…

The case concerned appointments of two engineers, B.S. Bhatnagar and H.L. Meena, to vacancies in the Rajasthan Service of Engineers (Building and Roads Branch) after the Rules were amended on 24 July 1995. The respondents challenged the appointments, arguing that the amended rules, which introduced new qualification cr…

The Supreme Court heard appeals arising from the Central Administrative Tribunal’s orders concerning the payment of Special Duty Allowance and Special Compensatory (Remote Locality) Allowance to defence civilian employees posted in the North‑Eastern region. The Union of India argued that the employees were entitled to …

The appellant, New India Civil Erectors Ltd., entered into a contract with ONGC to construct 304 prefabricated housing units. After termination of the contract, disputes were referred to two arbitrators who awarded the appellant a net sum of Rs. 67,82,620. The appellant sought to make the award a rule of court; the sin…

The Supreme Court disposed of an appeal from the Madhya Pradesh High Court and directed lower courts to decide the matter on its merits without being influenced by the High Court’s findings. After the order, M.P. Mishra, Assistant Director of Public Relations, issued a press release falsely stating that the Supreme Cou…

The petitioners, members of the Lohar community in Bihar, sought recognition as a Scheduled Tribe (ST) under the name "Lohara" based on a Presidential notification. The Supreme Court examined whether the erroneous inclusion of "Lohars" in the Hindi translation of the notification, absent in the English version, could c…

Govindrao, an agent of the State Bank of Indore, was charged with causing loss to the bank by allowing large loans to be granted in violation of banking rules, which later became irrecoverable. The disciplinary authority dismissed him from service, and his subsequent appeals—including a special appeal—were rejected. Af…

The deceased Jayantilal was killed when a roadside tree, planted by the Rajkot Municipal Corporation, fell on him while he was walking on a footpath. His widow and children sued the corporation for damages, alleging negligence in failing to maintain the tree in a safe condition. The trial court and the Gujarat High Cou…

The Central Bureau of Investigation (CBI) filed a charge sheet against Subodh Kumar Dutta under the Prevention of Corruption Act, 1947 for allegedly accepting a bribe of Rs. 700. A Special Judge, appointed under the West Bengal Special Courts Act, 1949, took cognizance of the offence on 9 July 1988. The 1947 Act was re…

The respondents, who had been appointed on an ad‑hoc basis, filed writ petitions challenging their retrenchment. The Allahabad High Court set aside the retrenchment orders and directed regularisation of their services, a decision later confirmed by the Supreme Court on May 10, 1991. The corporation appealed, arguing th…

The appellants were appointed as Assistant Engineers on daily wages and later placed on a regular pay scale under Section 6(3) of the Bihar Regional Development Authority Act, 1981. The Authority sought to regularise their services, but the Government referred the matter to the Public Service Commission, which did not …

The State of Uttar Pradesh challenged the levy imposed on Sri Laxman Rice Mills under the U.P. Rice and Paddy (Levy and Regulation of Trade) Order, 1985, contending that the levy was effective from the night of 30 September/1 October 1995 and therefore covered the rice stock already held by the millers. The State argue…

The case concerned teachers who were employed by District Boards and Zilla Parishads in Punjab and whose schools were taken over by the Government of Punjab in 1957‑58. The deed of takeover stipulated that the government was under no obligation to retain the existing staff and that any staff taken on would be treated a…

The State of Uttar Pradesh challenged provisions of the Uttar Pradesh Co-operative Societies Act, 1965 and the 1968 Rules that reserve seats for Scheduled Castes, Scheduled Tribes, Other Backward Classes and women in the Committee of Management of co‑operative societies, arguing that the reservation and nomination powe…

Associated Cement Company Ltd. filed a complaint under Section 138 of the Negotiable Instruments Act against Kesvanand. The magistrate examined the company’s authorized representative, Puneet Aggarwal, on oath, but on two consecutive dates the representative was absent and the magistrate acquitted the accused under Sec…

The appellant, Siya Ram, challenged his non‑selection for the post of Chief Personnel Inspector in the Indian Railways, alleging bias by a member of the Selection Board and contending that the selection based solely on a viva voce, with a high weightage, was arbitrary. The Central Administrative Tribunal had dismissed …

In M.C. Mehta v. Union of India (Writ Petition (C) No.13029 of 1985), the Supreme Court issued comprehensive directions under the Motor Vehicles Act, 1988 and the Motor Vehicles Rules, 1993 to improve road safety and curb environmental pollution. The Court ordered verification of all commercial licences issued between …

The petitioners, secondary school teachers in Karnataka who were originally allotted from the former State of Hyderabad, claimed that the pay‑scale disparity persisting from 1 January 1957 to 31 December 1969 violated Article 14 of the Constitution. The State had, based on the Justice Tukol Commission report, equalised…

The appellants, Mis Black Diamond Beverages and others, challenged the inclusion of freight or delivery charges in the definition of "sale price" under Section 2(d) of the West Bengal Sales Tax Act, 1954. They argued that the statute only included packaging charges and that, because Section 2(h) of the Bengal Finance (…

The appellant was served a summons under Section 40 of the Foreign Exchange Regulation Act, 1973, requiring him to appear before the Enforcement Officer and give a written, signed statement. He challenged the summons, contending that he could not be compelled to provide a written statement, alleging that the process am…

India Carbon Ltd. and other appellants, manufacturers of petroleum coke, were liable to pay Central Sales Tax under the Central Sales Tax Act, 1957 on inter‑state sales. They delayed payment and the Assam Sales Tax authorities demanded interest under Section 35A of the Assam Sales Tax Act, 1947. The appellants challeng…

The State of Orissa issued an Industrial Policy Resolution (IPR) in 1979 promising five‑year sales‑tax exemption for new small‑scale industries, but actual exemption required a notification under Section 6 of the Orissa Sales Tax Act. M/s Shree Durga Oil Mills set up its oil mill in 1980 and claimed exemption, invoking…

The Associate Banks Officers Association, representing officers of the State Bank of India’s subsidiary banks, filed a writ petition seeking parity in terminal benefits, medical benefits and extra increments with employees of the State Bank of India (SBI). SBI contended that, under Section 50(2) of the State Bank of In…

The case concerned a dispute over pay‑scale discrimination between ministerial employees of the Uttar Pradesh Directorate of Information and those of the State Secretariat. A 1964 Pay Rationalisation Committee recommended that, from 1‑April‑1965, new appointments in the Information Directorate be placed on a lower cler…

Mohd Yunus was charged under Sections 3 and 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987. Section 20A(1) of the Act requires prior written approval of the District Superintendent of Police before recording any information about an offence. The prosecution claimed an oral permission was given by t…

The appellant continued to operate a hair‑cutting shop that had been let to his father in 1940, a non‑residential premises, after his father's death in 1974. The landlord filed a petition for eviction under Section 21 read with Section 51(2) of the Karnataka Rent Control Act, 1961, asserting that the appellant was not …

The appellant, Kalyani Breweries Ltd., collected deposits on beer bottles, refunded deposits on return, and transferred unrefunded amounts to a "Bottle Deposit Forfeited" account. The Commercial Tax Officer treated the forfeited amount as sales revenue and levied sales tax, which was upheld by the Assistant Commissione…

The Faridabad CT Scan Centre, a private diagnostic centre not attached to any hospital, sought exemption from customs duty on imported hospital equipment under Notification No. 64188 dated 1‑3‑1988. It argued that similar centres had been granted the exemption and that denial violated Article 14 of the Constitution. Th…

The Andhra Pradesh State Financial Corporation (AP SFC) had sanctioned a term loan to Vajra Chemicals Ltd., which defaulted despite several notices and a recall‑cum‑sale notice under Section 29 of the State Financial Corporations Act. After the borrower failed to honour post‑dated cheques, the corporation seized the un…

The respondents were part‑time Village Officers in Andhra Pradesh whose posts were abolished by an Ordinance on 6 January 1984, later replaced by the Part‑time Village Officers Abolition Act, 1985 (sections 3 and 5). Prior to abolition they had contributed to a Family Benefit Scheme (G.O. No. 3420, 1 August 1980) and w…

Amar Nath Bansal, originally a civilian clerk in the Jind State Civil Service (1943), later served in the merged state of PEPSU, then Punjab, and finally Haryana. The Jind Service Regulations of 1945 fixed the retirement age at 62, but after the formation of PEPSU the Raj Pramukh issued Ordinances No. 1 and No. 16 of 2…

S.K.G. Sugar Ltd., a sugar factory with a reserved area under the Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981, paid the Central Government‑fixed minimum price of Rs.13.92 per quintal for sugarcane as prescribed in the Sugarcane (Control) Order, 1966. The State Government, acting in its statutory capac…

The respondent, a Veterinary Assistant Surgeon in the Andhra Pradesh Animal Husbandry Department, filed an application seeking a promotion panel for the post of Assistant Director under the then‑applicable Rule 4 of the A.P. Subordinate Service Rules. The Andhra Pradesh Administrative Tribunal directed the Government t…

The petitioner entered into a contract to sell agricultural land to the respondent, who defaulted, leading to a decree for specific performance directing the respondent to pay earnest money and damages within three months. After a delay of about seven and a half years, the respondent applied to rescind the decree and s…

Ashim Kumar Roy, a trade‑union secretary, filed a criminal complaint alleging that Bipinbhai Vadilal Mehta and his son conspired to commit criminal breach of trust and conspiracy (IPC §§120‑B, 409) and violated Section 77 of the Companies Act by diverting company funds to acquire control of Sayaji Industries Ltd. A mag…

M.K. Saharia, former Managing Director of Nagaland Forest Products Ltd., challenged the Nagaland Forest Products Ltd. (Acquisition of Shares) Ordinance, 1981 and the subsequent Act, 1982, which transferred the State's acquisition of the company's S‑class shares. He argued that the State's takeover of shares amounted to…

The Supreme Court examined a review order that had set aside a High Court revision upholding an execution application concerning an injunction decree. The review petition, filed by the judgment debtors, sought to overturn the revision on the ground of limitation but did not point out any error apparent on the face of t…

The respondents, registered dealers under the Sales Tax Acts, manufactured and sold goods both locally and outside the local area. Under the Madhya Pradesh Entry Tax Act, 1976, they were required to declare that goods sold were local and that no entry tax had been paid; failure to do so invoked Section 7(5), which pres…

The appellant, Ajit Savant Majagavi, was charged with murdering his wife, Padmavathi, and was acquitted by the Sessions Court on the ground that the prosecution failed to prove his presence at the lodge where the death occurred and that key witnesses had turned hostile. The State appealed under Section 378 of the CrPC,…

The Custodian of Evacuee Property, U.P. ordered the transfer of a property to Harnath Chaturvedi on 11 November 1982, and the order was approved by the Assistant Custodian General, a delegate of the Custodian General under Section 55 of the Administration of Evacuee Property Act, 1950. The State of U.P. filed a revisio…

The respondents, promoted from the running cadre (Driver Grade‑C) to the stationary post of Loco Supervisor before 1 January 1986, claimed that their pay should be stepped up to match that of a senior colleague, Sh. P.N. Kareer, who was promoted after the revised pay scales came into force and therefore received a high…

The appellants filed a suit in 1961 seeking declaration of ownership and possession of certain immovable properties, which was tried under the Portuguese Civil Procedure Code. The trial court prepared an especificacao and questionnaire under Articles 515 and 516, but dismissed the suit. On appeal, various courts (Judic…

The Supreme Court examined the constitutionality of the Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983, which transferred ownership of the temple and its endowments to the deity and vested management in a Board of Trustees, after allegations of mismanagement and theft. Petitioners, who claimed to be Shaiva devotee…

The case concerned the acquisition of land by the State under the Land Acquisition Act, 1894. A notification under section 4(1) was published in May 1986, objections were filed and rejected, a declaration under section 6 was issued in August 1987, and an award was made in December 1988, after which symbolic possession …

The Karnataka High Court had enhanced compensation for dry land acquired under the Land Acquisition Act, 1894 to Rs 58,000 per acre, up from the Land Acquisition Officer's award of Rs 8,000 and the reference court's award of Rs 38,000 per acre. The appellants challenged this further enhancement, arguing that compensati…

The respondent, Bateshwar Sharma, was serving as an ad‑hoc Superintending Engineer while several departmental misconduct proceedings were pending against him. The Departmental Promotion Committee (DPC) examined his suitability for promotion from Executive Engineer and found him unfit for promotion up to 16‑Jan‑1994. Th…

Krishan Niwas, a government employee, was convicted under Section 302 IPC and sentenced to life imprisonment, leading to his removal from service under Article 311(2). The conviction was later modified to Section 325 IPC with a 1½‑year sentence. After serving the term, a departmental appeal reduced his penalty to a low…

The appellant filed a suit for declaration of ownership and possession of two plots, which was dismissed by the trial court and affirmed by the appellate court. The High Court, in a review, reversed the appellate decree, claiming that relevant precedents were not cited, and held the transaction to be a genuine sale. Th…

Sambhoo Nath Misra filed a private complaint against R.D. Tripathi, a government servant, alleging offences under IPC sections 409, 420, 465, 468 and 477A for forging his signature and misappropriating Rs.443.90. The magistrate dismissed the complaint on the ground that sanction under Section 197 of the CrPC had not be…

The Punjab State Electricity Board supplied electricity to Ashwani Kumar, later issuing a bill of Rs.1,90,498.79 for the period Dec 1983‑Jan 1985. Kumar filed a civil suit seeking a permanent injunction to restrain the Board from recovering the amount. The trial court decreed in his favour, an appeal upheld the decree,…

Dr. Girish Bihari, an IPS officer, was due to retire on 31 March 1996. The Governor of Uttar Pradesh ordered, on 20 March 1996, an extension of his service for six months under Rule 16 of the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. On 23 March 1996, the Governor cancelled that extension order un…

The respondents, pre‑1979 retirees of the Rajasthan government, challenged the 1970 and 1974 notifications that liberalised pension benefits with cut‑off dates, alleging discrimination under Article 14. They did not challenge the later 2 September 1985 notification which extended the revised pension formula to all pre‑…

Sub‑Inspector Mohinder Singh was dismissed in 1991 by the Senior Superintendent of Police (SSP) of Chandigarh without a departmental enquiry, invoking Article 311(2) proviso (b) of the Constitution on the ground that witnesses would not freely depose against him. The dismissal was based on a report alleging gross misus…

Petitioner Nirmala Jagdishchandra Kabra held a contract carriage permit but was alleged to be operating the vehicle as a stage carriage by collecting individual fares, violating the permit conditions. The Motor Vehicle Inspector seized and detained the vehicle under Section 207(1) of the Motor Vehicles Act, 1988. Kabra…