Judgments of 1998

The landlord filed an eviction petition under Section 14(1)(e) read with Section 25B of the Delhi Rent Control Act, claiming a bona‑fide need for the suit premises. The tenant contended that the landlord already possessed an alternate residence at Subzi Mandi, which was concealed, and that the landlord shifted to the s…

The Gujarat police seized sheep and goats belonging to C.M. Nat for alleged violations of the Prevention of Cruelty to Animals Act, 1960 and related statutes. A Judicial Magistrate initially ordered that the animals be placed under the custody of the appellant Pinjrapole, but the Additional Sessions Judge later directe…

The dispute involved two competing auction purchasers over a suit property that had been subject to a 1950 security deed (Exhibit A6) executed to raise an attachment before judgment. The trial court held that Exhibit A6 created a charge, granting the appellant a right to redeem the first mortgage but denying possession…

The Chandigarh Newsline published a headline stating that the Supreme Court had ordered the removal of the Homoeo Council chief, which was factually incorrect and misleading while the matter was pending before the Court. The Supreme Court issued a contempt notice to the reporter, Mr. K.B. Kapur, and the editor of the n…

The Agricultural Research Service (ICAR) revised its scientists' pay scales and service rules retrospectively to align with the UGC pay package effective 1 January 1986. The respondent, a Scientist S‑1 appointed in 1982, claimed a vested right to promotion under the old five‑yearly assessment scheme, which would have m…

Calcutta Chromotype Ltd., a manufacturer of playing cards, sold its entire output to its sole distributor, M/s Ganga Saran & Sons Pvt. Ltd. Both companies had common directors and their shares were held by members of the Sharma family. The Assistant Collector of Central Excise treated the distributor as a "related pers…

Silverline Forum Private Limited, the new owner of a flat, obtained a decree for ejectment against its tenant Rajiv Trust for sub‑letting without consent. While executing the decree, the bailiff was resisted by the second respondent, a sub‑tenant of the first sub‑tenant, who claimed he was not a party to the decree. Th…

The Supreme Court examined the West Bengal government's policy on House Rent Allowance (HRA) which differentiates between employees living in government‑provided accommodation (who pay a nominal licence fee) and those renting privately. The petitioners, government employees residing in government flats, claimed the pol…

The petitioner, the wife of Suresh Chander Sharma, challenged his preventive detention under the National Security Act, 1980. The detenu had made a representation to the State Government within the prescribed time, which was rejected, and the representation was forwarded to the Central Government, which also rejected i…

The appellants sought a declaration that their family shrine, which originated as samadhis, was a private spiritual institution and not a public temple under the Orissa Hindu Religious Endowments Act, 1951. The respondents contended that the shrine had evolved into a public temple where Hindu deities were regularly wor…

The Supreme Court heard appeals by landowners from village Rangpuri (village 'R') challenging the Delhi High Court's award of Rs 3000 per bigha as compensation for land acquired under the Land Acquisition Act, 1894. The appellants argued that, because adjoining villages Masoodpur and Mahipalpur had been awarded Rs 14,3…

The Supreme Court examined a writ petition concerning the discharge of objectionable effluents from Sakthi Sugars Ltd.'s distillery into the Bhavani River, which had become a health and environmental hazard. The High Court had dismissed the petition solely on the consent of the Tamil Nadu Pollution Control Board, a dec…

The original respondent, Dinanath Shantaram Karekar, a government employee, was removed from service after a departmental enquiry. The charge‑sheet was sent to him by registered post but was returned with the endorsement "not found". A show‑cause notice was published in a local newspaper without any prior personal serv…

The respondent, a Lekhpal in the Uttar Pradesh government, was dismissed after a departmental enquiry. He challenged the dismissal before the State Public Services Tribunal, which set aside the dismissal on the ground that copies of documents listed in the charge‑sheet and statements of witnesses from the preliminary e…

The State of Haryana filed a complaint alleging that two batches of sodium chloride injections purchased by a district inspector were adulterated, as reported by the Government Analyst under the Drugs and Cosmetics Act. The manufacturers, Mis Mittal Pharmaceutical Pvt. Ltd., were served with the analyst's report but fa…

The appellants, food‑grain dealers who had operated for over fifty years in the old market areas of Ferozepur district, were required to shift to newly created Mandi complexes after the Punjab Government decided to auction stalls there without granting any concession to existing traders. They challenged this on the gro…

The Supreme Court examined an appeal by the Shiromani Gurudwara Prabandhak Committee challenging a High Court decision that had been referred to a third judge on a difference of opinion. The Court held that, under the Letters Patent governing the Punjab & Haryana High Court, a third judge may be appointed even on factu…

Gaurav Jain filed a public‑interest writ under Article 32 seeking separate educational institutions and other relief for children of prostitutes. A two‑judge Division Bench (Ramaswamy J and Wadhwa J) delivered differing judgments: Ramaswamy J ordered the establishment of a committee and measures to eradicate prostituti…

Oberoi Hotels (India) Pvt. Ltd. entered into a comprehensive agreement with a Nepalese hotel enterprise to provide technical, professional and other services for operating the hotel. The company sought approval of the agreement under Section 80‑0 of the Income‑Tax Act, 1961, but the Central Board of Direct Taxes (CBDT)…

Coca‑Cola Export Corp., a wholly‑owned non‑resident subsidiary of the Coca‑Cola Company, claimed deductions for pro‑rated home‑office expenses and service charges paid in US dollars. The Income‑Tax Officer (ITO) disallowed portions of these deductions and later issued notices under Section 148 of the Income‑Tax Act to …

The appellants, East India Commercial Co. Pvt. Ltd., challenged the assessment of their building’s annual value under Section 168 of the Calcutta Municipal Act, 1951, arguing that the fair rent fixed under Section 8(1)(d) of the West Bengal Premises Tenancy Act, 1956 should be the basis, not the actual rent received. T…

The appellants, Karnataka Pawnbrokers Association, challenged the liability to pay sales tax on the sale of unredeemed pledged goods disposed of through public auction. The issue was whether a pawnbroker, by virtue of statutory authority to sell defaulted pledges, qualifies as a "dealer" and carries on "business" withi…

The Daily Pratap, a newspaper printing business, paid its employees a "Production Bonus" that was a flat‑rate extra amount for extra work. The Regional Provident Fund Commissioner demanded contributions under Section 6 of the Employees' Provident Fund and Miscellaneous Provisions Act, 1959, asserting that the bonus for…

Durga Oil Co., a dealer licensed under Form XI of the Petroleum Rules, stored high‑speed diesel (Petroleum Class B) in an underground tank exceeding 1,000 litres and dispensed it through a pump. The District Supply Officer ordered the company to cease using the tank, and the Allahabad High Court dismissed the company's…

The appellants were elected as independent councillors to the Mahabaleshwar Devasthan Municipal Council in December 1996. Shortly after the election they formed a front called Mahabaleshwar Giristhan Nagar Parishad Shahar Vikas Aghadi and nominated a candidate for the council's president, issuing a whip to its members.…

The Competent Authority initiated forfeiture proceedings under SAFEMA against Amritlal Chandmal Jain, whose detention under COFEPOSA had earlier been challenged by several writs of habeas corpus. Although the High Court had quashed the detention order and the SAFEMA proceedings, the Competent Authority later sought to …

The Kerala Government, after initially consenting to CBI investigation of espionage cases under Section 6 of the Delhi Special Police Establishment Act, later withdrew that consent to allow State Police to conduct a "further investigation". The Supreme Court held that once the CBI, acting on the State's consent, comple…

The Central Government, under Section 2(a)(xi) of the Essential Commodities Act, 1955, issued a 1983 notification declaring various seeds as essential commodities and issued the Seeds (Control) Order, 1983. Earlier, a Division Bench of this Court upheld the validity of that notification and order in the Raghu Seeds & F…

The case concerned the promotion of Har! Om Sharma, a senior non‑diploma line‑man, to the post of Junior Engineer‑I in 1990. Although promotion quotas were fixed for three feeder cadres, the department used an integrated seniority list, ignoring the quota for non‑diploma holders. Sharma was placed in the higher post on…

The appellant, a dealer in arecanuts, maintained stock with agents outside Kerala and paid sales tax on purchases based on sales effected by those agents. For the 1987‑88 assessment, the Sales Tax Officer disallowed the appellant’s claim that the closing stock held abroad should be excluded from tax, issuing a demand. …

The case concerned the promotion of candidates to the post of Assistant Purchase Officer in ISRO, where selection was based on a written test (50 marks), interview (30 marks) and assessment of confidential reports (20 marks) with a minimum of 50% in each component and 60% overall. Two candidates, dissatisfied with not …

The Supreme Court examined the non‑compliance of Sakthi Sugars Ltd. with directions issued by the Tamil Nadu Pollution Control Board under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974. The Board had ordered proper storage, treatment and disposal of effluent, but the company failed to impleme…

The President referred nine questions to the Supreme Court concerning the constitutional process for appointing and transferring judges of the Supreme Court and High Courts. The Court clarified that "consultation with the Chief Justice of India" under Articles 217(1) and 222(1) requires a plurality of judges – the four…

The petitioners, including Living Media India Ltd., challenged Notification No. 49/89 Customs which imposed a 30% ad valorem duty on glazed newsprint imported for news magazines between 1 March 1989 and 24 January 1990. The Union later offered to levy only 15% and to refund any excess, subject to the Customs Act. The p…

The petitioner, a tenant, was evicted by the respondent, the landlord, under Section 11(1)(e) of the Bihar Building (Lease Rent and Eviction) Control Act, 1982 on the ground that the fixed‑term lease had expired. The tenant contended that the lease was invalid because the registered deed of Kabuliyat was signed only by…

The Employees' State Insurance Corporation (ESIC) appealed against a Delhi High Court order that held a 1988 notification extending the Employees' State Insurance Act, 1948 to shops was inapplicable to M.M. Suri & Associates (P) Ltd., a shop with five officers and fewer than twenty workers. The Supreme Court examined w…

The respondents, engineers deputed from the Central Public Works Department to the National Building Construction Corporation (NBCC) for projects in Iraq, were paid a foreign allowance of 125% of their basic salary. After the Fourth Pay Commission revised their basic pay, they sought a direction that the foreign allowa…

The appellant, Sadanandan Badran, received a Rs 30,000 cheque from the respondent, Madhavan Sunil Kumar, to settle a loan. The cheque was presented twice (January and May 1991) and was dishonoured both times for insufficient funds. After each dishonour the appellant issued a legal notice demanding payment; the responde…

The Supreme Court, hearing a writ petition under Article 32 filed by environmental activist M.C. Mehta, examined the persistent rise in vehicular pollution in Delhi despite earlier court directions and the Bhure Lal Committee report. The Court noted that the State had failed to implement the recommended measures, with …

The petitioner filed a writ petition under Article 32 challenging a detention order issued under Section 3(1) of the COFEPOSA Act, 1974. The order was dated 14 March 1996 but the petitioner was not detained until 7 August 1997, a delay of about 17 months. The petitioner argued that the delay in executing the order, tog…

The appellants were convicted under TADA and the IPC for the murder of a police constable during the 1992 Bombay riots, based primarily on the in‑court identification by two constable witnesses. The trial court had rejected the identification parade evidence, finding a strong possibility that the suspects had been show…

The dispute concerned the integration of teachers in Tamil Nadu's A‑Wing (regular government schools) and B‑Wing (former District Board schools) and the date from which seniority should be calculated. The State had issued several Government Orders (GOs 1583, 1584, 37, 603) attempting to alter the integration date from …

The Supreme Court examined whether officers of public sector undertakings and government companies, which may be deemed "State" under Article 12 because of deep governmental control, fall within the definition of "public servant" for the purposes of Section 197 of the Criminal Procedure Code (CrPC). The petitioners arg…

The case concerned Project Casual Labour employees of the Southern Railway who were later absorbed into regular posts and sought to have their service rendered before 1 January 1981 counted as qualifying service for pension and other retiral benefits. The Railway Board’s 1980 order allowed half of the service after att…

The landlord filed a civil suit under the general law to evict the tenant from a shop that was constructed in December 1968. The landlord relied on a 1971 Government Notification exempting buildings constructed in 1968‑1970 from the East Punjab Urban Rent Restriction Act for five years, arguing that the exemption made …

The Bank of Thanjavur was amalgamated with Indian Bank under a Scheme of Amalgamation framed pursuant to Section 45 of the Banking Regulation Act, 1949. The heirs of employees who died while in service of the transferor bank claimed compassionate appointments based on a 1982 settlement entered into under Section 2(p) o…

The Bihar State Housing Board cancelled a residential plot allotted to S.N. Prasad in Sri Krishna Nagar because he already possessed another plot in Sri Krishna Puri, contrary to the Rules for Settlement of Land Acquired and Developed by the State Government at Patna. Prasad had sworn affidavits stating he and his fami…

The appellants, who had risen from clerks to assistant managers in the New Bank of India, were placed in the Junior Management Grade Scale I along with accountants after the bank was taken over by the Union of India under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980. They challenged Regula…

The Andhra Pradesh Wakf Board claimed that a 358‑53 cent land parcel in Devada Mokhasa village, originally endowed by the Nizam for the support of the Syed Ali Ishaq Madina Vali Dargah, was a Wakf property. The Board sought cancellation of long‑term leases and sub‑leases executed by mutawallis, alleging the land was a …

The appellants, daughters of Banarsi Das, claimed that surplus land declared under the Punjab Security of Land Tenures Act, 1953 was not utilised before their father's death, invoking the inheritance exemption under Section 10‑A(b). The State argued that the land had been allotted to a tenant, Mangat Ram, in 1964, with…

The Supreme Court examined several appeals concerning the liability of insurers under Section 95 of the Motor Vehicles Act, 1939 for passengers travelling in goods carriages. The petitioners, owners of goods vehicles and claimants, argued that the insurance policy should cover death or injury of passengers, including o…

Dr. J. Shashidhara Prasad was appointed Vice Chancellor of Mysore University on 20 August 1997, effective 4 September 1997, by the Governor (Chancellor) under Section 11 of the Karnataka State Universities Act, 1976. The next day the Chancellor learned of a pending criminal case against the appointee and rescinded the …

Sarla Ahuja, a widow residing in Calcutta, sought eviction of United India Insurance Co. Ltd., the tenant of her Delhi premises, invoking Section 14(1)(e) of the Delhi Rent Control Act, 1958, on the ground of a bona‑fide requirement and lack of suitable accommodation in Delhi. The Rent Controller upheld her claim and o…

The landlord, Madho Parshad Vaidya, sought eviction of tenant Kala Devi under Section 14(2)(ii) of the Himachal Pradesh Urban Rent Control Act, 1987, alleging that she had sublet the shop to Ravinder Kapur. The trial court found no evidence of subletting, holding that Kapur was merely a manager and that Kala retained p…

The landlord, Madho Parshad Vaidya, filed an eviction petition under Section 14(2)(ii) of the Himachal Pradesh Urban Rent Control Act, 1987, alleging that tenant Kala Devi had sublet her shop to Ravinder Kapur. The trial court found no evidence of subletting and held that the tenant retained possession, dismissing the …

The State of Karnataka appealed against the High Court’s order allowing a writ petition filed by IPS officer Kempaiah, who challenged a preliminary inquiry by the Upalokayukta into allegations of amassing wealth. The Supreme Court examined whether the term "action" in Section 2(1) of the Karnataka Lokayukta Act, 1984 i…

The case involved an international arbitration dispute between V.A.V.U. Beratung GmbH & Co. KG and National Fertilizers Ltd., wherein the respondent had obtained a stay order in 1991 that remained in force for nearly seven years. The petitioner sought relief from the Supreme Court, arguing that such a prolonged interlo…

The Maharashtra Government issued the 1984 Maharashtra Sugar Factories (Reservation of Areas and Regulation of Crushing and Sugarcane Supply) Order to zone sugarcane supply to factories. In 1997 it amended clause 3(2) to allow non‑co‑operative growers to sell to any factory and to bind cooperative members to supply to …

A.K. Srivastav was appointed as a probationary Inspector with National Insurance Company Ltd. on conditions that he achieve a premium target within twelve months, failing which his service could be terminated without notice. After failing to meet the target, the company served a notice of termination, and Srivastav fil…

The appellants, originally appointed as ad hoc Group 'B' doctors under the Central Health Service Rules, 1963, were later regularised as Group 'A' doctors by the Supreme Court, with the direction that their promotions would be to supernumerary posts only. Directly recruited doctors (respondents) contended that only the…

The petitioner sought a writ directing the State of Maharashtra to hold a Common Entrance Examination for admission to its medical colleges, invoking Regulation 5(2) of the Medical Council of India’s 1997 Regulations. Maharashtra argued it fell under Regulation 5(3) because the CBSE board contributed only a small fract…

Canara Bank sued a partnership firm and its partners for recovery of a loan secured by an equitable mortgage. The trial court awarded interest at the contractual rate of 16.5% on the balance up to the date of suit and at a reduced rate of 6% per annum for future interest from the date of suit. The Karnataka High Court …

Whirlpool Corporation, a US company, had its "WHIRLPOOL" trademark registered in India in 1957 and renewed twice, but it lapsed after 1977. The Chinar Trust later obtained registration of the same mark and began using it, prompting Whirlpool to file a passing‑off suit and a rectification petition. While the suit was pe…

The landlord sued the tenant for recovery of a shop on the ground that the tenant had sublet the premises without consent. The trial court and the first appellate court found that subletting had occurred and decreed in favour of the landlord. The tenant appealed, and the High Court, exercising revisional jurisdiction u…

The case concerned an Otti mortgagee (defendant No. 2) who, after a preliminary decree of redemption, claimed to be a "cultivating tenant" under the Kerala Land Reforms (Amendment) Act, 1969 and obtained a purchase certificate from the Kerala Land Tribunal. The appellant sought to have the final decree proceedings in t…

The respondent, a retired Central Government employee, filed an eviction petition under Section 14C of the Delhi Rent Control Act, 1958 (amended 1988) seeking possession of premises he had let to the appellant. The appellant contested, seeking leave to defend under Section 25B, but the Rent Controller dismissed the app…

The case concerned a registered will allegedly executed by Hamam Singh in favour of the appellants, Gurial Kaur and others. Although the will bore the Sub‑Registrar’s endorsement and the executant was said to have been identified by a village Lambardar, the trial court set aside the will on grounds of suspicion, which …

The Supreme Court examined an appeal by an auction purchaser challenging a Allahabad High Court order that restored possession of a property to multiple judgment‑debtors under Section 144 of the Code of Civil Procedure and awarded mesne profits. The property had been sold in execution of a money decree, later re‑auctio…

The Rajasthan Public Service Commission advertised 23 Assistant Director (Junior) posts in 1993, but the State Government halted recruitment to amend the service rules. The 1995 amendment abolished the Assistant Director (Junior) cadre and created a new Marketing Officer cadre with different qualifications. The origina…

Ram Lubhaya Bagga, a Punjab government employee, suffered a heart attack and was treated at Escorts Heart Institute, incurring Rs. 2,11,758.70 in expenses. He claimed full reimbursement under the 1991 policy that allowed full payment at designated private hospitals, but the Punjab Government had issued a new 1995 polic…

The Minerals and Metals Trading Corporation of India Ltd., acting as a canalising agent, placed a purchase order with a foreign exporter for tin mill black plate coils on behalf of the Steel Authority of India Ltd. (SAIL). The coils were shipped on the high seas and the bill of lading was endorsed in favour of SAIL bef…

Advocate Ajay Kumar Pandey, after his defamation suit and subsequent revision were dismissed, filed a series of contempt petitions against judges of the High Court and subordinate courts, using scurrilous, unparliamentary and abusive language that cast aspersions on their impartiality. The Supreme Court ordered him to …

The Hydro‑Electric Employees Union and other petitioners challenged the U.P. State Electricity Board’s decision to amalgamate the posts of Meter Readers, Sub‑Station Operators and Switch Board Attendants into a single cadre and the regulation framed under Section 79(c) of the Electricity Supply Act, 1948. The Board arg…

The petitioners, M. Satyanarayana Murthy and others, filed a second review petition (RPD No. 17573 of 1998) challenging an order previously reviewed in Review Petition No. 214 of 1995, which had been dismissed. The second petition was filed after a delay of 2 years and 321 days, and the petitioners' explanation for the…

The Orissa Public Service Commission advertised a post of Junior Teacher (Lecturer) in Surgical Gastroenterology, requiring an M.S. degree with two years of special training in a Medical Council of India‑recognised institution. Dr. D. Sahu, a qualified surgeon who had acquired such training while assisting at SCB Medic…

Canara Bank had advanced three loans to a landlord for constructing strong rooms that the bank later leased. The loans were subject to demand promissory notes stipulating interest rates above the RBI rate, compounded quarterly, and the bank debited interest at the contractual rates with quarterly rests. The landlord an…

A minor child was admitted to Spring Meadows Hospital for typhoid treatment. A nurse administered an injection without proper testing, causing the child to suffer cardiac arrest, brain damage and a vegetative state. The parents filed a complaint under the Consumer Protection Act, 1986, seeking compensation for the chil…

The appellants challenged a decision that land under systematic teak plantation was classified as private forest under the Kerala Private Forests (Vesting and Assignment) Act, 1971. They argued that clause (c) of Section 2(2)(1)(c) exempts lands principally cultivated with any agricultural crop, and that teak plantatio…

The respondent, a Sub‑Inspector of the CRPF, was charged with disobeying transfer orders, neglect of duty and misconduct. During the departmental enquiry, the Enquiry Officer treated letters from two witnesses—one for the department and one for the respondent—as oral statements, despite the witnesses’ inability to appe…

The Municipal Board of Saharanpur assessed house‑tax and water‑tax on a defunct railway company’s properties situated in a single complex with a "common compound". The Board treated all buildings as one unit for both taxes and allowed a 10% depreciation on the estimated cost of the buildings. The District Magistrate up…

The Municipal Board of Saharanpur sought to levy water tax on Imperial Tobacco's factory and residential buildings under Section 128(1)(x) of the U.P. Municipalities Act, 1916, claiming that the entire complex lay within a 600‑foot radius of a public stand‑pipe and was situated in a "common compound". The respondent ar…

The Supreme Court examined whether prisoners sentenced to rigorous imprisonment may be compelled to perform hard labour without consent and what wages they are entitled to under Article 23 of the Constitution. It held that such labour is lawful as it serves a public purpose of reform and rehabilitation, but prisoners m…

The case concerned the inter‑se seniority of Munsifs appointed under two different recruitment regimes in Bihar – the 15th Judicial Service Examination governed by the Bihar Judicial Service (Recruitment) Rules, 1955 and the ad‑hoc recruitment under the Bihar Civil Service (Judicial Branch) Rules, 1974. Thirty‑two resp…

The assessee, a Hindu Undivided Family (HUF), was granted a development rebate under Sections 33 and 34 of the Income‑Tax Act for new machinery used in its business for assessment years 1960‑61 to 1965‑66. In 1967 a partial partition of the HUF allotted the machinery to two coparceners, who subsequently sold it to a th…

The landlord (respondent) filed an eviction suit (Title Suit No. 100 of 1980) against the tenant (appellant) alleging default in payment of rent. During the pendency of a second appeal in the High Court arising from an earlier eviction suit, the landlord obtained an order under Section 15 of the Bihar Buildings (Lease,…

The respondent, an engineer of the Rajasthan Government, was charged with using sub‑standard material. An enquiry officer exonerated him because the forensic samples were not taken as per procedure, but the State Government, acting as disciplinary authority, disagreed, recorded reasons, and imposed a penalty of withhol…

The Union of India appealed against a decision of the Central Administrative Tribunal that had directed consideration of two respondents for future vacancies as Pharmacists under the Central Government Health Scheme Delhi (Group C) Ayurvedic Recruitment Rules, 1978, by relaxing the qualification requirement. The respon…

P.K. Sharma, an advocate enrolled in 1990, was complained against by Gurdial Singh for allegedly continuing a taxi business after enrollment, violating Bar Council of India Rules 47 and 48. The Disciplinary Committee of the Bar Council of India found him guilty of professional misconduct and suspended him for one year.…

Kavita was accused of throwing her two children into a well and then jumping in, after which she allegedly made an extra‑judicial confession to three villagers that she could no longer endure her husband's torture. The trial court and the Madras High Court convicted her of murder (Sec. 302 IPC) and attempted suicide (S…

The Supreme Court considered two appeals: one under Section 409 IPC where the appellant sought discharge under Section 167(5) of the CrPC after the two‑year investigation period expired, and another under Section 7(1)(a)(ii) of the Essential Commodities Act concerning the limitation bar under Section 468 of the CrPC. I…

The appellant, a former director of Depro Foods Pvt. Ltd., challenged a recovery certificate issued under Section 3 of the Haryana Public Moneys (Recovery of Dues) Act, 1979, which sought to recover a shortfall of Rs. 18,22,178.05 from him without any prior notice or hearing. The High Court had held that no further not…

The appellants sought to exclude 36.74 acres allotted to the wife under a 1970 partition deed from the husband's land ceiling computation, claiming it was "Stridhana land" under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. The dispute centered on whether Section 21A's non‑obstante clause overrod…

The appellants, former drivers and conductors of the Jammu & Kashmir State Road Transport Corporation, served for 30‑40 years as temporary employees and retired before 9 June 1981. A 1981 notification amended Article 177 of the J&K Civil Service Regulations to grant pension to temporary servants with at least 20 years …

The appellants, former Deputy Collectors of the Andhra Pradesh State Civil Service, were excluded from the 1987 IAS promotion list and obtained a Tribunal order directing the creation of 14 supernumerary IAS posts. The Government of India issued notifications on 15‑12‑1993 (amending the Cadre Strength Regulation) and 1…

W.T. Suren & Co. Ltd transferred its distribution unit to Rallis India Ltd, terminating the employment of the unit's staff. Employees were offered similar jobs with continuity of service; those who did not join received gratuity directly, while the assessee paid the gratuity due to those who joined to Rallis, which hel…

The respondents, shareholders of a company in voluntary liquidation, received dividends from the liquidator after the sale of the company's assets. The sale proceeds exceeded the written‑down value of the assets but were less than the original purchase price, so the excess was taxed in the company under Section 41(2) o…

Arul Nadar, a landowner, was found to possess surplus agricultural land beyond the ceiling prescribed under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. He claimed that two settlement deeds executed in favour of his minor sons on 28‑April‑1970 and 2‑May‑1970 were valid under Section 21‑A, which …

Sun Oil Company Ltd., a registered dealer and small‑scale industry, obtained a certificate under Section 4‑AA of the West Bengal Sales Tax Act, 1954 exempting it from "tax" for the period 14‑Jan‑1980 to 14‑Jan‑1985. Despite this, the company was assessed a turnover tax under Section 4‑AAA for part of the assessment yea…

The Supreme Court, hearing a writ petition filed by environmental activist M.C. Mehta, examined the problem of vehicular air pollution in Delhi and its earlier order banning commercial vehicles older than 15 years from operating in the National Capital Territory. The Union of India, through the Solicitor General, argue…

The appellant Ranjit Singh was named in an FIR for an unlawful assembly in which a rifle was seized and used to fire at the deceased; the police investigation under Section 173 exonerated him and the case was committed to the Sessions Court. The complainant filed a petition before the Sessions Judge seeking to have the…

Hari Ram Gupta retired in 1980, before the Uttar Pradesh Palika (Centralised) Service Retirement Benefits Rules, 1981 came into force. He filed a writ petition seeking a pension under the 1981 Rules, contending that Rule 3(2) and (3) gave the Rules retrospective effect and that the phrase "finally withdrawn" allowed hi…

Ghasi Ram and others filed a suit under Order 21 Rule 103 CPC to claim possession of land after their objection to an execution order was rejected. Instead of filing the suit, they pursued a civil revision before the High Court, which was entertained and later dismissed. The subsequent suit was barred by limitation, bu…

Road Transport Company owned a passenger bus that met with an accident due to the driver’s negligence, killing 35 passengers. Nine claims were filed; the Tribunal awarded compensation but limited the insurer’s contribution to Rs 5,000 per passenger and Rs 75,000 in total, as per Section 95(2)(b)(ii) of the Motor Vehicl…

Bajaj Auto Ltd. and its subsidiary purchased 13,200 shares in Bajaj Tempo Ltd., a listed public company. The Board of Directors of Bajaj Tempo refused to register the transfer, citing four reasons: potential inter‑connection, lack of bona‑fide investment, competition, and the transferees being undesirable. The Company …

The husband of the petitioner was detained under COFEPOSA and challenged the detention via a writ petition. While the petition was pending, the government revoked the detention order and the Gujarat High Court dismissed the petition as infructuous without addressing its merits. After the husband’s death, proceedings un…

Govindasami was accused of murdering his uncle Nagamalai, the latter's wife, two sons and a daughter in May 1984. The prosecution relied on circumstantial evidence: a land‑dispute motive, a wrist‑watch recovered from the crime scene that belonged to the accused, a blood‑stained lungi and a promissory note found on him,…

Modi Cements Ltd. filed three criminal complaints under Section 138 of the Negotiable Instruments Act against K.K. Nandi for dishonour of cheques that were returned with a "payment stopped by the drawer" endorsement. The High Court quashed the complaints on the ground that the stop‑payment instruction precluded liabili…

The Government of Andhra Pradesh issued G.O. No. 304 (Nov. 20, 1979) to take over the Divisional Accountants cadre from the Accountant‑General’s administrative control and to create a separate state cadre, offering those officers the option to join the state service. Accountants of the Subordinate Accounts Service (SAS…

The appellant, a sepoy in the Indian Army, was accused of murdering his wife whose headless, highly decomposed body was found in a well. He made a voluntary extra‑judicial confession to military officers admitting to strangling his wife, and later, at his suggestion, the police recovered the victim’s head from another …

Kishan Lal, an assessee, was levied interest under section 220(2) of the Income‑Tax Act for delayed payment of tax. He filed an application under section 220(2A) seeking reduction or waiver of the interest, but the Central Board of Direct Taxes (CBDT) rejected the application without recording any reasons. A writ petit…

The appellant, a doctor who tested HIV‑positive, had his status disclosed by Hospital Z when he was about to marry Ms. Y, leading to social ostracism. He filed a consumer complaint seeking damages for breach of medical confidentiality and violation of his right to privacy under Article 21. The Supreme Court held that t…

O.R.G. Systems (appellant) supplied raw materials, specifications and designs to other firms which manufactured complete computers with etched‑in software and sold them to O.R.G. Systems. The computers, along with imported peripheral devices and systems software, were cleared by the manufacturers after payment of excis…

The Nizam of Hyderabad created a charitable trust in 1950, transferring government securities to trustees and directing that, during his lifetime, the trust defray his Haj expenses and those of his family, as well as fund religious offerings and charitable purposes. Upon his death in 1967, the Assistant Controller of E…

The Karnataka State Government deputed police officers to the Lokayukta and created the post of Director General of Police, Lokayukta by administrative order without amending the recruitment rules. Petitioners, who were under investigation, challenged the validity of investigations conducted by these deputed officers u…

The petitioners, consignees of coal, challenged the Railway's recovery of penal charges under Rule 161‑A of the Indian Railway Conference Association (IRCA) Rules for loading wagons beyond the permissible carrying capacity. The Supreme Court examined whether Rule 161‑A was inconsistent with or ultra vires Section 53 of…

The appellant, a police officer, was convicted under IPC s.302 for allegedly setting his wife on fire and under s.377 for sodomy. The sole evidence of his guilt was the victim's dying declaration recorded by a Judicial Magistrate, which the defence argued was inadmissible because it was not in question‑answer form, lac…

Gopabandhu Biswal, a former military officer appointed as Assistant Commandant in the Orissa Military Police, sought promotion to the Indian Police Service (IPS) and obtained a favorable order from the Central Administrative Tribunal (CAT) in 1991. The Union of India, the State of Orissa and other respondents challenge…

The appellant owned the vessel M.V. Indian Resolve which arrived at Calcutta carrying a mixed cargo that included 1,22,400 cigarettes. A shortage of 45,000 cigarettes was later discovered, and the Additional Collector of Customs invoked Section 115(1)(e) of the Customs Act, 1962 to confiscate the vessel, deeming the mi…

The appellant, ex‑Captain R.S. Dhull, a former serviceman appointed as Tehsildar, had adverse remarks recorded in his Annual Confidential Reports which were expunged by the Punjab & Haryana High Court in 1990, leading to his promotion to District Revenue Officer. The Supreme Court, on a special leave petition, directed…

The Central Government issued a 1983 communication granting special ad‑hoc incentives to public‑sector bank officers transferred to hardship postings in the North‑Eastern region. United Bank of India adopted these incentives for transferred (promotee) officers but excluded directly recruited officers posting there for …

The India Railway SAS Staff Association (appellants), comprising Section Officers and Travelling Inspectors of Accounts, were placed in the revised pay scale of Rs.2000-3200 following the Fourth Central Pay Commission but were not accorded Group ‘B’ status, unlike their counterparts in the CAG and CGDA. They contended …

The Uttar Pradesh Avas Evam Vikas Parishad (Parishad) acquired over 200 acres of land for a housing scheme under its 1965 Act and determined compensation at Rs 30 per sq yd, which landowners contested, claiming Rs 150 per sq yd. The Civil Court fixed Rs 150 per sq yd with a 10 % deduction; the High Court reduced it to …

The appellants, legal representatives of the deceased plaintiff, had sold a property to the deceased defendant on 8 February 1955 and simultaneously obtained an agreement of reconveyance that allowed the plaintiff to regain the property if she repaid the consideration within three years. A suit for specific performance…

Express News Papers Ltd., a public limited company, resolved on 6 December 1962 to pay an interim dividend, payable on 16 January 1963. The Income Tax Officer reduced the rebate available under the Finance Act, 1964 for assessment year 1964‑65, treating the dividend as a reduction trigger. The company contended that, u…

The Himachal Gramin Bank promoted fifteen clerks to the post of Field Supervisor in 1987, allegedly using a merit‑cum‑seniority criterion instead of the prescribed seniority‑cum‑merit rule. Respondents challenged the promotion, and the Himachal Pradesh High Court set aside the selection, directing a fresh promotion pro…

The appellants' predecessors obtained an order under Section 8(3) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 deleting respondent No. 1’s name from the tenant list after a compromise in which he admitted he was not a tenant and purchased part of the land. No appeal was filed, so the order b…

The Supreme Court examined whether a sales‑tax assessment for the year 1985‑86, completed before the expiry of the four‑year limitation under Section 21(2) of the U.P. Trade Tax Act, could be reopened after the legislature enlarged the limitation to eight years by inserting a proviso in the 1991 amendment. The Court he…

The landlord, Srinivasiah, sought eviction of the tenant, Balaji Krishna Hardware Store, claiming a bona fide need for the shop for his son's business. The Rent Controller, appellate authority, and Madras High Court all ordered eviction, but the Supreme Court reversed these orders, assuming an alternative vacant shop b…

Muneshwar (deceased) filed a partition suit under Section 176 of the U.P. Zamindari Abolition Act, which was decreed but never executed, leaving him in possession of the land. The respondents later filed a suit for possession under Section 209, more than six years after the date prescribed in Appendix III, and the suit…

The plaintiffs (first purchasers) bought land from the vendors under a registered sale deed dated 30 April 1963 for Rs.15,000, part of which was to be kept in deposit for a mortgage. The vendors later cancelled this deed and executed a second sale deed in favour of other buyers, alleging that the plaintiffs had not pai…

The appellant, P. Venkatarama Reddy, had assigned three life‑insurance policies to his grandchildren during his lifetime but retained possession, continued to pay premiums and loans on them. The revenue treated the policies as part of the deceased’s general estate for estate‑duty purposes, while the appellant argued th…

Chetak Construction Ltd. alleged that Justice R.D. Vyas of the Madhya Pradesh High Court had bought a flat from the respondent and therefore should recuse himself from hearing an appeal. The judge refused, made disparaging remarks, suggested contempt proceedings against the appellant and its lawyers, and unilaterally d…

World Tanker Carrier Corp (WTCC), a Liberian company, owned the vessel New World which collided on the high seas with the Cyprus‑registered vessel YA Mawlaya, resulting in deaths and damages. Various claimants filed suits in the United States, while SNP Shipping Services (an Indian company) and Kara Mara Shipping (Cypr…

The State of Uttar Pradesh appealed the acquittal of Harban Sahai and others, who had been convicted for murder under Section 302 read with Section 34 of the IPC. The High Court had set aside the trial court's findings on the basis of alleged inconsistencies between the FIR and eyewitness testimony, the weight given to…

M/s Shaan Finance (P) Ltd., a finance company, purchased new machinery and hired it out to manufacturers under hire agreements. The company claimed a 25% investment allowance under Section 32A of the Income Tax Act, 1961, but the Revenue rejected the claim. The Karnataka High Court allowed the claim, holding that the c…

The State Bank of India issued circulars in 1987 requiring any employee who wished to contest municipal council elections to give an undertaking to resign if elected. A clerk and the staff union challenged these circulars, alleging they altered the conditions of service and violated Section 9A of the Industrial Dispute…

The appellants, assistant teachers of the primary sections in a recognised junior high school in Uttar Pradesh, filed writ petitions seeking payment of their salaries under the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978. The Allahabad High Court in 1991 directed tha…

The State of Orissa prosecuted Janmejoy Dinda, who ran a nursing home, for stocking medicinal drugs without a valid licence and for failing to disclose the source of those drugs. The trial court convicted him under Sections 27(b)(ii) and 28 of the Drugs and Cosmetics Act, 1940, imposing imprisonment and fines. The High…

Capt. A.P. Bajpai, an army officer, was tried by a General Court‑Martial (GCM) for theft of government property and for absenting himself without leave. The GCM acquitted him on the theft charge but convicted him on the absent‑without‑leave charge, sentencing him to forfeit three years' service and a severe reprimand. …

The Uttar Pradesh State Electricity Board (U.P.S.E.B.) supplied electricity to Atma Steels, but a blown fuse in the potential transformer (PT) caused the meter to record consumption incorrectly, leading to a large assessment of Rs. 57,77,891.38. Atma Steels challenged the assessment in civil court, obtained reconnectio…

The appellant, a shipowner, and the respondent, Indian Oil Corporation, negotiated a charter party for shipping pipes but never signed the agreement because they could not agree on the format of a standby letter of credit and a performance guarantee, which were treated as conditions precedent. The appellant later invok…

The respondent, G.S. Sonakiya, was appointed as an ad hoc Assistant Engineer in the Uttar Pradesh Public Works Department. During his service he had an adverse entry for 1976-77, his integrity for that year was withheld, and it was discovered that he had altered his High School Certificate to reduce his age by two year…

Punjab National Bank (PNB) initiated disciplinary proceedings against two assistant managers, Misra and Goel, after a Rs 1 lakh shortage was discovered in a currency chest. An inquiry officer found Misra guilty of only one charge and exonerated Goel of all charges, but the bank's disciplinary authority disagreed, held …

The appellants, members of a family that had a long-standing feud with their neighbours, entered the victims' house on 26 October 1989 and murdered four persons, including a five‑year‑old child, using weapons such as kulhari and hansia. The trial court and the Allahabad High Court convicted them under IPC Sections 302 …

The landlord sought eviction of a long‑term tenant under the Kerala Buildings (Lease & Rent Control) Act, 1965, claiming a bonafide need for his son to start a grocery business in the premises. After the initial dismissal, the landlord obtained vacant possession of an adjacent building and the tenant argued that this a…

The appellants, rice millers, were required under the U.P. Rice and Paddy (Levy and Regulation of Trade) Order, 1985 to sell rice to the State Government. The Market Committee demanded that the millers pay a market fee under Section 17(iii)(b)(3) of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964. The millers contended t…

The State of Andhra Pradesh prosecuted six accused for the murder of Cherukuri Kalidas, alleging that they entered his bedroom at night armed with deadly weapons and killed him, with the assault witnessed by his wife and relatives. The trial court convicted five of the accused under Section 302 read with Section 149 of…

The accused brothers were charged under IPC sections 302, 307, 324 read with Section 34 for allegedly attacking complainants while digging a khal. The trial and High Courts relied on the testimony of PW‑7 and PW‑8 and rejected the patwari’s (PW‑10) evidence, convicting the accused. On appeal, the Supreme Court held tha…

The respondent owned the registered trade mark “Khargosh Chhap” (Reg. No. 112689) for bidis, registered in 1945. The appellant sold bidis under the label “Goat Cub”, which the respondent alleged was deceptively similar and amounted to passing off. The trial court dismissed the suit, but the High Court Single Judge and …

The petitioner, Chhidda Singh, filed a review petition (No. 315 of 1998) after the Supreme Court dismissed his Special Leave Petition (C) No. 6347 of 1997, which challenged orders of the Deputy Director of Consolidation and the High Court. The review petition merely reproduced verbatim the same grounds that had been ra…

The appellant, the Rajasthan High Court, appealed a Supreme Court judgment that had set aside a direction issued by two of its judges ordering the Registrar to prepare a report on whether posts filled by officers of the Rajasthan Judicial Service on deputation could be manned by High Court staff. The petition originate…

Three candidates were directly recruited as Assistant Directors of Sericulture under the Andhra Pradesh Industries Service Rules. Their appointments were challenged by senior Inspectors of Sericulture on the ground that the required number of permanent posts did not exist, arguing that 'substantive vacancies' were not …

The appellants, tenants of land acquired under the Karnataka Acquisition of Land for Grant of House Sites Act, 1972, challenged the acquisition on the ground that Section 11-A of the Land Acquisition Act, 1894 (introduced by the 1984 amendment) should apply, requiring an award within two years. The High Court had held …

The Tripura Goods Transport Association, a body of transporters, challenged the constitutional validity of several provisions of the Tripura Sales Tax Act, 1976 and its 1994 amendment rules that required transporters to maintain accounts, file Form XXIV and obtain a Certificate of Registration. The association argued t…

The appellant had deposited Rs.1,57,250 under the Annuity Deposit Scheme of the Income Tax Act, 1961, which was to be repaid in ten equal instalments of principal and interest under Section 280-D. After the depositor's death, the balance instalment of Rs.12,013 was paid to his son/executor, the legal representative. Th…

The Supreme Court examined three disciplinary dismissals of employees of the Uttar Pradesh State Co‑operative Land Development Bank Ltd. (the Bank). The High Court had held that the Bank was not an "authority" under Article 12 and that the dismissals violated natural‑justice rules, setting aside the orders. The Supreme…

Bokaro Steel Ltd., a government‑owned corporation, was in the process of constructing its steel plant and had not yet commenced business. During the assessment years it received (i) rent for quarters provided to contractors’ workers, (ii) hire charges for plant and machinery supplied to contractors, (iii) interest on a…

The dispute concerned the appointment of a Professor of Ophthalmology in a government medical college. Rule 9(i)(d) of the Punjab Medical College Education Service (Class‑I) Rules, 1978 mandates that 75% of professor posts be filled by promotion and 25% by direct recruitment. The State argued that the 16th vacancy in t…

The Supreme Court had ordered the closure of 168 industries, including Birla Textiles, and prescribed that workmen would retain continuity of service and receive full wages until the industries restarted at a new location. The management decided to relocate to Baddi, Himachal Pradesh, and issued several notices requiri…

The respondent, a teacher, forged the signatures of the District Education Officer and Auditor in his service book to obtain salary fixation after his previous school closed. The school management dismissed him after an inquiry proved the forgery. The Gujarat Secondary Educational Tribunal set aside the dismissal, subs…

The appellant, Rafat Ali, leased premises from the respondents, Sugni Bai and heirs, who later sought eviction under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 on three grounds: rent default, waste causing damage, and nuisance. Both the Rent Control Court and the Appellate Authority found…

The appellant, a landlord who was a minor when he applied under Section 31(1) of the Bombay Tenancy and Agricultural Lands Act, 1948 for possession of land for personal cultivation, had his application dismissed, making the tenant a deemed purchaser. Subsequent proceedings under Section 32‑G to determine the purchase p…

Steel City Beverages Ltd., a soft‑drink manufacturer, claimed deferment of sales‑tax on its investment in bottles and crates under the Bihar Sales Tax Supplementary (Deferment of Tax) Rules, 1990. The District Level Committee granted deferment on 90% of its fixed capital investment but excluded bottles and crates, a de…

The Kurukshetra University closed admissions to its M.Sc (Zoology) programme for 1997‑98 after publishing four merit lists, but four students later left creating vacancies. The university handbook prescribed the admission schedule but was silent on how to fill seats that became vacant after closure. The Vice‑Chancellor…

The respondent, Vijay Laxmi Oil Industries, invested in fixed capital on 17 July 1989 under the 1986 Industrial Policy Resolution (IPR) and began commercial production on 9 June 1990 when the 1989 IPR was in force. It applied for sales‑tax exemption under the 1989 IPR, but the application was rejected on the ground tha…

The case concerned officers of the Orissa State Police Service who were placed on the 1982 Select List for promotion to the Indian Police Service (IPS) but were not appointed and were omitted from the 1983 Select List. They challenged the 1983 list and the Central Administrative Tribunal (CAT) held that officers on the…

The husband of Mrs. Helen C. Rebello died in a collision between a Maharashtra State Road Transport Corporation bus and a Karnataka State Transport bus, the accident being caused by negligent driving. The legal heirs filed a claim for compensation under the Motor Vehicles Act, 1939 and were awarded Rs.3,90,000 by the t…

The Haryana Service Selection Board (SSB) received requisitions for 662 clerk vacancies but prepared a selection list of 5,373 candidates on 15‑Oct‑1989 and recommended 1,692 names in a random order, excluding many higher‑merit candidates. The Punjab & Haryana High Court in Sudesh Kumari’s case directed that the list w…

The landlord (appellant) filed an eviction suit under the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 on the ground of bona‑fide personal requirement. The trial court dismissed the suit; the landlord appealed and obtained a decree for eviction, which the tenants (respondents) challenged by filing a revis…

The case concerned importers of specialised transhipper vessels who claimed exemption from customs duty under Notification No. 262‑Customs dated 11 October 1958, which exempted "ocean‑going vessels". The Customs authorities insisted that the vessels were not "ocean‑going" and required the importers to file Bills of Ent…

The case concerned the murder of reporter Sasidharan Nair, for which three appellants (George @ Vakkachan, Rajeev and Joshy) were charged. The trial court acquitted all accused, rejecting the eye‑witness testimony of the deceased's mother (PW3) and the dying declaration, and relying on a hostile FIR. The Kerala High Co…

Mohan Karan, an Assistant Architect who was promoted to Executive Officer (RBO) on 7 February 1983, challenged the promotion of the second respondent to Chief Town Planner on the ground that he was senior in the feeding cadre. The High Court dismissed the writ, holding that the appellant's post was not a cadre post und…

The Gujarat High Court set aside the acquisition of land in Surat for Larsen & Toubro Ltd.'s employee housing scheme, holding that the State had not complied with Rules 3 and 4 of the Land Acquisition (Companies) Rules, 1963 and that no notice under Section 9 of the Land Acquisition Act, 1894 had been served. The Supre…

The assessee was assessed for AY 1960-61 and later a sum of Rs 32,58,500 was identified as a loan advanced for a paper‑mill project. The Income‑Tax Officer reopened the assessment and treated the amount as business income. The assessee’s appeals before the Appellate Assistant Commissioner and the Income‑Tax Appellate T…

The appellants, trusts established for educational or public religious purposes, owned agricultural lands covered by Section 129(b) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958. Their tenants died, and the trusts sought eviction, arguing that the tenancies terminated on death because they we…

Constable Kuldeep Singh was dismissed in 1991 after a departmental enquiry found him guilty of misappropriating Rs 200 of Rs 1,000 allegedly received from a factory owner for payment to three labourers. The enquiry did not produce any of the labourers, relying instead on prior statements under Rule 16(3) of the Delhi P…

The Supreme Court entertained a writ petition under Article 32 filed by Javed Abidi seeking full implementation of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The petitioner demanded that Indian Airlines provide aisle chairs, ambulifts, and a 50% fare conc…

The Collector, under the Punjab Security of Land Tenures Act, 1953, declared land held by Prem Nath Maira surplus in 1960 and allotted it to landless persons, who have possessed it since 1976. The Haryana Ceiling on Land Holdings Act, 1972 was amended in 1976 inserting Section 12(3), which vests such surplus lands in t…

The State of Bihar introduced an Industrial Policy in 1993 that, under clause 10.4(i)(b), granted a seven‑year sales‑tax exemption on raw‑material purchases to old industrial units whose plant‑and‑machinery investment did not exceed Rs 15 crore as of 1‑April‑1993. A notification issued on 4 April 1994 under Section 7 o…

The Income Tax Appellate Tribunal (through its President) filed a contempt petition against the former Law Secretary, V.K. Agarwal, alleging that his letters demanding a report on alleged contradictory orders interfered with the Tribunal's judicial functions. The Tribunal had originally issued a single order signed by …

The dispute concerned the right of a respondent (Dadarao) to retain his status as a protected tenant under the Hyderabad Tenancy and Agricultural Lands Act, 1950, after the 1955 amendment introduced Section 37A. The appellant (Nivrutti) claimed that the amendment extinguished the respondent's rights because he was not …

Basudeo Tiwary, a lecturer appointed in 1978 at an affiliated college that later became a constituent unit of Sido Kanhu University, was re‑appointed on a temporary basis in 1986. The Vice‑Chancellor terminated his services, invoking Section 35(3) of the Bihar State Universities Act, 1976, on the ground that his appoin…

Madan Lal Kohli, a class‑III work‑charged employee of the Haryana State Minor Irrigation Tubewell Corporation, was retired at age 58 under Standing Order 16‑A. He challenged the retirement in a writ petition, arguing that work‑charged employees should retire at 60 like class‑IV employees. The Punjab & Haryana High Cour…

The petitioner, Sanjay Musale, filed a writ petition in the Madhya Pradesh High Court alleging public interest, but the petition concealed material facts and appeared to be filed on behalf of another person. The High Court dismissed the petition, holding that there was no genuine public interest and that the court's pr…

The Municipal Corporation of Thane sought to levy octroi duty on PVC resin in powder form and synthetic hydrocarbon resin manufactured by Asmaco Plastic Industries. The respondents argued that these products should be classified under Entry 40(b) "chemicals of all sorts" of the Maharashtra Municipality (Octroi Duty) Ru…

The Supreme Court examined the meaning of the "seniority‑cum‑merit" criterion prescribed in the Regional Rural Banks (Appointment & Promotion of Officers and Other Employees) Rules, 1988 and applied it to promotions of officers to Area/Senior Manager posts in several banks. It held that seniority‑cum‑merit requires a m…

The Supreme Court Bar Association filed a writ petition challenging the Supreme Court's order in Vinay Chandra Mishra, which suspended an advocate's licence for three years while punishing him for criminal contempt. The Court examined whether Articles 129 and 142 of the Constitution empower the Supreme Court to impose …

The Supreme Court reviewed a 1997 decision that allowed reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes in a single‑post cadre by means of a rotating roster. The Court examined whether such reservation, either directly or via roster rotation, is constitutionally permissible under Articles …

The Supreme Court examined whether Members of Parliament (MPs) could claim immunity under Article 105(2) of the Constitution for offences of offering or accepting bribes to influence their speech or vote in Parliament, and whether they fall within the definition of "public servant" under the Prevention of Corruption Ac…

The respondents, teachers in aided non‑government colleges, sought to receive the revised University Grants Commission pay scales based on the State of Orissa's Resolution dated 6 October 1989, which covered all full‑time teachers in colleges covered or eligible under the direct‑payment scheme till 1 April 1989. A subs…

A motor accident involving a Fiat car insured by a comprehensive policy resulted in injury to a gratuitous passenger, Kishan Sarup Thapar. The Motor Accident Claims Tribunal awarded compensation against the car owners, drivers and the insurer. The High Court enhanced the award but held the insurer not liable, reasoning…

Hungerford Investment Trust Ltd., a Singapore‑registered non‑resident company owning 100% of the Indian firm Turner Morrison & Co., was deemed to have received dividends from the undistributed income of the Indian company under Section 23A of the pre‑1955 Income‑Tax Act, 1922. The Income‑Tax Officer issued notices unde…

The appellant, an Assistant Manager of Karnataka State Small Industries Development Corporation and President of its Employees' Welfare Association, wrote a letter to the Governor alleging mismanagement and issued a press statement criticizing a senior official. The corporation charged him under Rule 22 of its service …

The petitioners sought judicial intervention under Article 32 for the upgradation of sewerage management systems in the trans‑Yamuna area of Delhi and several sectors of NOIDA. The Supreme Court constituted a five‑member committee chaired by former Cabinet Secretary P.K. Kaul to examine the issues and submit a report. …

The appellant Kashiram and six others were charged with murder and related offences for allegedly forming an unlawful assembly and shooting Gorelal on 29 December 1986, also injuring four witnesses. The trial court acquitted all accused, but the Madhya Pradesh High Court reversed the acquittal of Kashiram, convicting h…

The appellants were promoted on an ad‑hoc basis to Assistant Engineer in the Uttar Pradesh Public Works Department within the quota reserved for promotees and thereafter worked continuously in that post. Their promotions were later confirmed by the State Service Commission, and a seniority list was prepared granting th…

The respondent filed belated income‑tax returns for assessment years 1978‑79 to 1980‑81 after a search and seizure under Section 132 of the Income‑Tax Act, and the assessing officer made assessments higher than the returns. He was prosecuted under Section 276‑C for willful tax evasion. The respondent sought relief unde…

The R.B. Shreeram Religious and Charitable Trust, a registered public trust, received voluntary contributions of Rs 4,55,000 during AY 1966‑67 and used the amount to repay a loan to a mining firm, rather than applying it solely to charitable or religious purposes. The Income‑Tax Officer added the contributions to the t…

The Union of India appealed against the Bombay High Court's order that set aside the customs collector's confiscation of prohibited goods and the vessel MANSC0‑3 under Sections 111(d), 111(f) and 115(2) of the Customs Act, 1962. The High Court had held that the vessel's arrival time for the 24‑hour import‑manifest dead…