Judgments of 2000

The Himachal Pradesh State Financial Corporation granted a loan of Rs.20.5 lakh to Prem Nath Nanda and others for a hotel project. After the borrowers defaulted, the corporation took possession of the hotel under Section 29 of the State Financial Corporations Act, 1951 and sold it, generating an excess amount over the …

The appellant and respondent, brothers, were in dispute over a property and referred the matter to arbitration. An arbitral award was made on 21 January 1996 and filed in the Sub‑Judge's court on 14 May 1996. The respondent filed a caveat on 11 June 1996 seeking notice before any order, but the court only issued its st…

Manjushree Pathak, after 23 years of service with Assam Industrial Development Corporation Ltd., applied for voluntary retirement under the AIDC Voluntary Retirement Scheme, 1992, seeking immediate effect. The recommending authority approved the application, but the Managing Director failed to act despite several remin…

Ram Deo Chauhan (alias Raj Nath Chauhan) was convicted of the pre‑planned, cold‑blooded murder of four members of a family, including a two‑year‑old child and two women, and of causing injuries to two other persons. The trial and high courts relied on a chain of circumstantial evidence and a confessional statement to u…

The appellant, a monthly tenant since 1961, was ordered by a civil court to deposit his rent with the court in installments pending the settlement of a dispute with a plaintiff. The landlord alleged that the tenant was in arrears of rent for 93 months amounting to Rs. 5,766 and that he was a habitual defaulter, seeking…

Dr. Ajay Kumar Jain served as a Pool Officer under the Scientists' Pool Scheme for three years with a salary of Rs. 3,737 per month. After the scheme expired, he was appointed as a Scientist Fellow under the Quick Hire Scheme on a contract not exceeding three years, initially for one year and later extended by six mont…

The three Verma brothers sold land to a cooperative society, received part payment, and later the society's cheques bounced. The society filed a criminal complaint alleging cheating and related offences, claiming the brothers concealed a pending partition suit. The brothers filed a petition under Section 482 of the CrP…

The State of Madhya Pradesh issued a tender for the sale of perishable Tendu leaves. After the highest bid of another bidder (Respondent No.4) was cancelled, Mohammed Gazi was declared the highest bidder and deposited Rs 2,68,217.72 as earnest money. While Gazi was preparing to execute the purchase agreement, Responden…

The original owner, Prakash Singh, mortgaged his land to Basant Kaur for Rs 7,000 in 1968, the mortgage deed stipulating a term of 99 years. After Basant Kaur's death, the appellants stepped into her shoes as mortgagees in possession. In 1987 the mortgagor sold a portion of the mortgaged land to the respondent, who hel…

The petitioner, a common carrier governed by the Carriers Act, 1865, filed a petition before the National Consumer Disputes Redressal Commission alleging loss due to the carrier's negligence. The issue was whether Section 9 of the Carriers Act, which places the burden on the carrier to prove absence of negligence, appl…

Cochin International Airport Ltd (CIAL) invited offers for ground handling services and received proposals from Air India and Cambatta Aviation Ltd. The evaluation committee recommended Cambatta, but the Government of India recommended Air India on the basis of its status as the national carrier. CIAL subsequently awar…

Ruth Soren, a former employee of an educational institution, was terminated and filed an application under Section 26(2) of the Bihar Shops and Establishments Act, 1953 before the Labour Court seeking reinstatement. The Labour Court ordered her reinstatement, but the institution appealed, contending that it was not an …

The Supreme Court considered an appeal by Calcutta Electric Supply Corp. Ltd against a High Court order that had upheld a Tribunal’s decision rejecting a workman’s application for interpretation of clause 15 of the company’s Certified Standing Order of 1953. Clause 15 dealt with misconduct involving intoxication and re…

The Borosil Glass Works Ltd. Employees' Union, a registered trade union, rejected the joint membership application of D.D. Bambode and others because the applications did not follow the union's procedure. Bambode filed a complaint under Section 28(1A) of the Trade Unions Act, 1926, seeking a consent certificate, but th…

The Andhra Pradesh State Road Transport Corporation (APSRTC) employed workers who claimed wages for work performed on holidays declared under the Andhra Pradesh Factories and Establishments (National Festival and Other Holidays) Act, 1974. APSRTC contended that Section 11(1)(c) of that Act excluded it because it was an…

The former Chief Secretary of Punjab, V.K. Khanna, referred two cases to the CBI with the then Chief Minister’s approval; after a change of government the new administration withdrew the referrals and issued a charge‑sheet alleging malafide intent, bias and procedural violations. Khanna challenged the charge‑sheet befo…

Tata Iron and Steel Co. Ltd. (the appellant) exported engineering goods using its own steel, which was not procured at the Joint Plant Committee (JPC) price that includes several levies. The Engineering Export Promotion Council (EEPC) later held that the appellant was not entitled to the International Price Reimburseme…

The appellant, an individual processing cashew nuts in ten units (four in Kerala, two owned and two leased), declared a lock‑out of the Kerala units due to labour problems and later settled with trade unions by paying five days' wages per year of service, amounting to Rs 4,18,107. He claimed a deduction for this paymen…

The Church of God (Full Gospel) used loudspeakers, drums and other musical instruments during its prayers, prompting a complaint by the K.K.R. Majestic Colony Welfare Association alleging noise pollution. The Tamil Nadu Pollution Control Board’s survey attributed most of the noise to vehicular traffic, but the Madras H…

R. Balakrishna Pillai, a former Kerala minister, was convicted under Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1947 for abusing his office to supply electricity to a private firm in Karnataka. He filed a criminal appeal before the Kerala High Court and subsequently moved a transfer petition in the …

During the 1999 Lok Sabha elections in Kerala, the Election Commission issued a notification under Rule 59A of the Conduct of Election Rules, 1961 directing that ballot papers from all ballot boxes in a constituency be mixed before counting to prevent intimidation and victimisation. Two writ petitions were filed in the…

The State of Karnataka appealed against the Karnataka High Court's reduction of the sentence imposed on Krishnappa for raping an eight‑year‑old girl. The trial court had sentenced him to ten years' rigorous imprisonment and a fine, but the High Court reduced the imprisonment term to four years, citing the accused's age…

The appellant, Kamala Bakshi, claimed title to premises occupied by the respondent, Khairati Lal, who had entered into a 1960 agreement presented as an employer‑employee relationship but was in fact a tenancy. After a series of litigations, the Delhi High Court in 1991 declared the respondent a tenant and fixed the ren…

The Raipur Development Authority (RDA) published its intention to prepare a town development scheme under Section 50(2) of the Madhya Pradesh Town and Country Development Act, 1973, on two separate dates. A housing society applied for development permission under Section 29 and later for a no‑objection certificate, but…

The appellants Suresh Rai, Pradeep Rai and Jitendra Prasad Rai were convicted for the murder of Shambhu Rai under IPC sections 302, 34, 109 and the Arms Act, and sentenced to life imprisonment. They appealed, contending that the three alleged eye‑witnesses were not present at the scene, that the investigation was taint…

The appellant, an army personnel, was convicted of murdering four persons and attempting to murder twelve others under IPC sections 302 and 307 and Arms Act sections 25 and 27. Prior to his arrest, a magistrate recorded statements of 27 witnesses under Section 299 of the Criminal Procedure Code (CPC). By the time of tr…

The State of Rajasthan appealed the acquittal of N.K., who had been convicted of rape under Section 376 IPC. The trial court had found the prosecutrix’s testimony reliable, corroborated by her father’s statement and medical evidence showing a ruptured hymen, and had accepted the five‑day delay in lodging the FIR as sat…

The Plantation Corporation of Kerala claimed deductions for rent paid to its landlord and interest on loans used for cultivating both mature and immature oil palm plants under the Kerala Agricultural Income‑Tax Act, 1950. The Revenue disallowed these deductions, relying on Explanation 2 to Section 5, which states that …

The State of NCT of Delhi appealed against the acquittal of Sunil and Ramesh, who were convicted by a Sessions Court for kidnapping, raping and murdering a four‑year‑old girl, Anuradha. The High Court set aside the conviction, citing minor inconsistencies in the testimonies of three witnesses, the lack of independent w…

The appellant, Mis Hani Lera Textiles Ltd., held fire insurance policies with Oriental Insurance Co. for its mill premises, including a blow‑room that was inspected and charged a higher premium in November 1994. A fire in December 1994 destroyed most of the mill but not the blow‑room. After the loss, the insurer deduct…

The Supreme Court heard a writ petition under Article 32 concerning Ajoy Ghosh, a prisoner‑lunatic detained since 1962 in West Bengal prisons. The Court found that the prison authorities and the Assistant Chief Metropolitan Magistrate had failed to provide medical care or maintain records from 1964 to 1995, violating t…

The accused were convicted by a Sessions Court for offences under various sections of the Indian Penal Code. While their appeals were pending, the High Court discovered that the trial court records were missing and directed the trial court to reconstruct the file using carbon copies of witness statements and other docu…

The Krishi Utpadan Mandi Samiti acquired land under the Land Acquisition Act, 1894 and an award dated 27‑12‑1977 fixed market value at Rs 3 per square yard with 15% solatium and 6% interest. The landowners filed a reference under Section 18, and the High Court on appeal enhanced the compensation to Rs 11 per square yar…

The buyer entered into a contract for steel bars and opened a Letter of Credit (LC) with the Issuing Bank. The seller presented documents, including forged delivery challans, to the Negotiating Bank (Federal Bank), which, after obtaining certification from the Issuing Bank that the documents appeared to comply with the…

Badrinath, an IAS officer, was denied promotion to the super‑time scale on the ground of pending disciplinary cases and adverse confidential report remarks. He challenged the State and Central Governments' orders, arguing that the Governor’s order during President's rule had dropped the disciplinary cases, rendering th…

The appellant, the highest bidder for a foreign liquor shop in the Changanassery Excise Range, could not locate a premises within that range and obtained permission from the Excise Commissioner to shift the shop to the Karukachal Range under Rule 6(2) of the Kerala Abkari Shops (Disposal in Auction) Rules, 1974. A hote…

Ms. Raj Mohini executed a 1985 will in favour of the Indian Red Cross Society and a later 1987 will revoking the former and bequeathing her assets to Joginder Pal. After her death, the Red Cross Society applied for a succession certificate, but the court dismissed the application and granted a certificate to Joginder P…

The State of West Bengal prosecuted Mir Mohammad Omar and six co‑accused for abducting a 29‑year‑old businessman, Mahesh Kumar Aggarwal, with the intention of killing him, and for his subsequent murder. The trial court convicted them under Section 364 read with Section 34 IPC but acquitted them of murder; the Calcutta …

The Electricity Employment Union and two employees challenged the Central Administrative Tribunal's finding that, after the Punjab Re‑organisation Act, 1966, their services were allocated to the Punjab State Electricity Board and they were merely on deputation to the Union Territory of Chandigarh. They argued that Sect…

The Supreme Court considered applications filed by former brick‑kiln owners in Delhi seeking modification of earlier orders that required them to surrender the land on which their kilns stood without compensation. The earlier orders, issued under the Master Plan 1990, classified brick kilns as category‑H industries and…

The President of India referred a matter under Article 317(1) of the Constitution to the Supreme Court seeking an enquiry into 32 charges of alleged misbehaviour against Dr. Ram Ashray Yadav, Chairman of the Bihar Public Service Commission. After detailed submissions, the Attorney General narrowed the enquiry to four c…

The case concerned a piece of land and a building that had been gifted in 1920 as a charitable endowment for a Sikh gurdwara and recorded in the revenue records in the name of "Guru Granth Sahib" in 1928. The respondents, who were the descendants of the original trustees, later claimed that the mutation was void becaus…

During K. Karunakaran's tenure as Chief Minister, the Kerala State Supplies Corporation entered into a contract for importing palmolein, which was later alleged to be corrupt. A petition under Article 226 seeking registration of a criminal case was dismissed by the High Court, and a subsequent FIR filed by an oppositio…

The New Mangalore Port Trust advertised a vacancy for Deputy Conservator, requiring ten years of experience as a Master of a foreign‑going ship or in pilotage/dredging. Captain Subhash Kumar (respondent No.4) had six years as Master and nine years as Pilot, while the appellant had two years as Master and eleven years a…

Nar Singh Pal, a casual labourer who had acquired temporary status in the Telecom Department, was terminated in May 1992 on the basis of alleged assault and pending criminal charges under the IPC. The termination was effected by paying retrenchment compensation without a regular departmental enquiry. Pal was later acqu…

The appellant, a tenant, was evicted for using a shop for grocery business contrary to a rent deed that limited use to dealing in radios, cycles, fans, clocks and steel furniture. The landlord filed an eviction petition under Section 10(2)(ii)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging …

Chordia Automobiles, a long‑time tenant, disputed an enhanced rent of Rs 1,000 per month that was conditioned on the landlord providing additional facilities, which the landlord failed to do. The landlord issued a notice on 9 August 1989 demanding the enhanced rent and, before the two‑month period prescribed in Explana…

The Supreme Court considered two appeals where vehicles carrying essential commodities were seized under the Essential Commodities Act, 1955. The Deputy Commissioner ordered the release of the vehicles on payment of a fine based on the market price of the vehicles, which the High Court struck down, holding that the fin…

The Supreme Court examined whether Dearness Allowance (DA), City Compensatory Allowance (CCA) and House Rent Allowance (HRA) paid to government employees fall within the definition of "salary" under Section 17 of the Income Tax Act, 1961 and are therefore taxable. The appellants argued that these allowances are merely …

The appellant, S.R. Kumar, sold agricultural lands situated within the municipal limits of Bina for the assessment years 1981-82 and 1983-84 and was assessed to capital gains tax. The Income Tax Officer levied tax, the Tribunal held that the profit was not capital gains, and the High Court dismissed the appellant's wri…

The petition challenged the constitutional validity of several provisions of the Cinematograph Act, 1952, particularly Section 6(1) which allowed the Central Government to call for records of proceedings before the Board or Tribunal and to make orders revising their decisions. The High Court upheld most provisions but …

The respondent, a Chief Welfare Officer, was terminated on 15‑12‑1981, appealed and was reinstated by the State Government, but was not paid his arrears because the corporation was declared sick under the Sick Industrial Companies (Special Provisions) Act, 1985. The BIFR sanctioned a scheme on 21‑12‑1990 under which th…

Bhanu Construction Co. Pvt. Ltd. entered into contracts with NTPC and later sought arbitration for a claim of Rs. 23 crore. The banks filed a suit in the Hyderabad Civil Court for recovery of Rs. 19 crore and obtained an interim order on 20 September 1994 directing NTPC not to pay the company. The company challenged th…

The State of Maharashtra challenged the admission of Milind, who had obtained a caste certificate claiming he belonged to the Halba Scheduled Tribe, on the ground that he was actually a member of the Koshti caste. The High Court had held that a sub‑tribe enquiry was permissible and that Halba‑Koshti could be treated as…

In 1951 a usufructuary mortgage was created over a house in favour of the petitioner. In 1953 the mortgagor agreed to sell the house to the mortgagee, Y, but the sale deed was never registered before the mortgor died. An unregistered sale deed was later executed in 1954 in favour of the petitioner as Y's benamidar, and…

The petitioners had undergone teacher‑training courses in institutes that were recognised at the time of their public examinations in 1992, but the institutes were later de‑recognised. They sought a writ of mandamus directing the State to publish their results and issue mark sheets or diplomas. The High Court had held …

The Supreme Court examined the validity of Sections 9, 10 and 11 of the Uttar Pradesh Secondary Education Services Commission and Selection Boards Act, 1982 and Rule 12(3) of the 1995 Rules, which prescribe selection of principals and headmasters solely by interview. The appellants challenged the selection process as a…

The petitioner, an heir who inherited two plots leased to Scene Screen Ltd. for a cinema, filed Form ‘B’ under Section 6 of the West Bengal Estates’ Acquisition Act, 1953, to retain the lands as an intermediary. After the Act came into force, the State began collecting rent directly from the lessee, prompting the petit…

The appellants, owners of factories in Andhra Pradesh, challenged a Government Order that raised the maximum licence fee under the Andhra Pradesh Factories Rules, 1950 from Rs.10,000 to Rs.18,00,000. They argued that the fee is a regulatory fee, not a tax, and therefore the principle of quid pro quo does not apply; the…

In April 1996 a biennial election was held for the Patna Teachers Constituency of the Bihar Legislative Council and Nawal Kishore Yadav was declared elected. The petitioner filed an election petition alleging that a large number of persons who were not qualified under the 1950 Act had been improperly enrolled in the el…

The Supreme Court examined two civil appeals filed by Aligarh Muslim University challenging High Court judgments that had quashed termination orders against laboratory assistants who had taken extraordinary leave for foreign employment. The employees had been granted two years of leave, sought extensions, were warned t…

National Insurance Company Ltd. issued a motor vehicle insurance policy under the Motor Vehicles Act, 1939, which was in force when the Motor Vehicles Act, 1988 came into effect. A bus insured under this policy met with an accident after the new Act commenced, resulting in a death claim. The insurer argued that the pro…

The Supreme Court was asked to clarify whether a landowner whose land had been vested under the Urban Land Ceiling and Regulation Act, 1976, but whose possession had not yet been taken, could obtain exemption under Section 20 (or Section 10) of the Act via a Government Order dated 31‑10‑1988. The High Court Division Be…

The petitioner, a 10‑year‑old son of a deceased Excise Constable, applied for a compassionate appointment in 1988 and again in 1996, but both applications were rejected as time‑barred. The High Court dismissed his writ petition and the Division Bench affirmed the dismissal. The petitioner argued that the delay was due …

Lt. General Rajendra Singh Kadyan, the senior-most Lt. General, challenged the appointment of Lt. General H.R.S. Kalkat as Army Commander, arguing that the post is filled on seniority and that he satisfied the fitness and experience criteria, including a six‑month waiver. The Union of India appealed the High Court's or…

The appellant company terminated several workmen in 1985 and later closed its factory in 1988‑89, terminating seven additional workmen. A settlement agreement was executed on 19 October 1989 between the company and the trade union, covering disputes of the seven workmen terminated due to the closure. The company sought…

The respondent, a widowed sister of a deceased employee of the Punjab State Electricity Board, filed a suit for a mandatory injunction to obtain family pension, GPF, gratuity and other benefits. The trial court decreed in her favour and the High Court affirmed, holding that a widowed sister is a member of the deceased'…

The appellant, a driver of an Andhra Pradesh State Road Transport Corporation bus, was convicted under IPC Section 304A after a passenger fell from the bus while boarding and was run over by the rear wheel, resulting in death. The trial, sessions, and high courts held him guilty of culpable negligence, imposing a three…

Kamal Pushp Enterprises (appellant) had a contract with Gas Authority of India Ltd. and subcontracted the work to D.R. Construction Company (respondent), an unregistered partnership under the Partnership Act, 1932. A dispute led to arbitration under the Arbitration Act, 1940, and the arbitrator awarded in favour of the…

The respondents claimed to be hereditary trustees of the Sri Sidha Baladev temple, asserting that they had acted as marfatdars since the founder's time and were recognized as such by revenue authorities. They sought a scheme under Section 42 of the Orissa Hindu Religious Endowments Act, 1951, which was dismissed, and l…

The respondents, who had been allotted government land on the condition that it could not be alienated without prior sanction, executed a power of attorney to sell the land. The District Revenue Officer, after receiving the respondents' explanation to a show‑cause notice, held that the assignment could not be cancelled…

The respondent, claiming ownership of a Delhi premises through a sale deed, filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958, invoking bona‑fide requirement. The appellants, tenants, contended that the property was vested in the Custodian of Enemy Property for India and therefore co…

The case concerned the regularisation of a large number of Assistant Engineers and Assistant Executive Engineers in the Electrical Wing of Jammu & Kashmir who had been appointed on an ad‑hoc basis for periods exceeding six months without consulting the Jammu & Kashmir Public Service Commission (PSC). The State Governme…

The Supreme Court was urged to enforce its May 10, 1996 order directing hazardous, noxious, heavy and large industries in Delhi to shift and surrender surplus land to the Delhi Development Authority (DDA) without compensation. The petitioners argued that the earlier order implied acquisition under Section 15 of the Del…

The case concerns the murder of Rachapalle Devachandra Reddy, for which six persons were charged. The trial court acquitted all accused, but the Andhra Pradesh High Court reversed the acquittal, convicting four of them (A‑1, A‑2, A‑3, A‑5) under IPC sections 148, 149 and 302, giving benefit of doubt to A‑4 and A‑6. The…

The plaintiff, Mohinder Kaur, sued the defendant, Kusamanand, for eviction and mesne profits of a ground‑floor residential premises, alleging the defendant was a trespasser. The defendant claimed she had been let in as a tenant by D.K. Chadha, who held a power of attorney for the plaintiff, and produced a receipt of ad…

Roop Singh, the plaintiff, owned 15.32 acres of agricultural land and sued Ram Singh for illegal possession. The defendant claimed he had purchased the land 14 years earlier, sought protection under Section 53A of the Transfer of Property Act, and alleged title by adverse possession. The trial court dismissed his plead…

The case concerned the eligibility for promotion to the post of Director General (Works) in the Central Public Works Department. Appellant No.4 (Krishnamoorti) had been granted a notional promotion to Additional Director General (Works) effective 22 February 1995, and was therefore considered for promotion to Director …

The wife, a government lecturer, filed a petition under Section 13 of the Hindu Marriage Act for divorce and sought maintenance for her two minor sons under Section 125 of the CrPC and Section 26 of the Hindu Marriage Act. The Family Court granted modest maintenance and custody to the mother, which the High Court later…

The petitioners challenged the admission of Haryana Civil Medical Service (HCMS) candidates to postgraduate medical courses, arguing that the university prospectus required selection solely on entrance‑exam marks. The State and the university contended that Government orders, issued in 1996‑1997, mandated that HCMS can…

The plaintiffs, neighbours in a residential area of Ludhiana, sued the defendant who had constructed a bhatti (baking oven) and sought a preventive injunction to stop its operation and to restrain the Municipal Corporation from granting a licence under the Punjab Municipal Corporation Act. The trial court granted the i…

The appellants, landladies, obtained permission under Section 3 of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 to evict a tenant on the ground of a bona‑fide requirement to shift a nursing home. The suit filed on that permission was later withdrawn without any liberty to re‑file. After the 1972 Act came…

Birla Yamaha Ltd. booked Patel Roadways Ltd. to transport 267 generator sets, which were destroyed in a fire at the carrier's godown. The complainant filed a petition before the National Consumer Disputes Redressal Commission alleging deficiency in service and seeking compensation. The Commission held the carrier liabl…

During the pendency of an appeal, the parties executed an arbitration agreement and sought to have the Supreme Court refer the dispute to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. The Court examined whether the phrase "which is the subject of an arbitration agreement" required the agree…

Muralidhar Sarangi owned two trucks insured under two policies of New India Assurance. While transporting goods in Assam, the trucks were destroyed by Bodo terrorists, resulting in loss of the vehicles and the death of a driver. The insurer denied the claim, stating that terrorist risk was excluded. The State Consumer …

R. Srinivasan filed a complaint before the State Consumer Disputes Redressal Commission seeking damages for loss to his insured vehicle. The complaint was dismissed for default and his application for restoration was also rejected. He then filed a fresh complaint before the District Consumer Disputes Redressal Forum, w…

The State of Maharashtra appealed against a Bombay High Court decision that held the chairman and managing committee members of a cooperative society were not "public servants" for purposes of Section 21 of the Indian Penal Code (IPC) and the Prevention of Corruption Act (PCA). The respondents had been prosecuted for o…

The plaintiffs, an unregistered partnership firm, sued the defendants for permanent injunction and damages alleging infringement of their registered trademark. The defendants moved to dismiss the suit under Order 7 Rule 11, arguing that Section 69(2) of the Partnership Act, 1932 barred any action by an unregistered fir…

The Jammu & Kashmir State Board of School Education amended its regulations to give the Chairman authority to cancel examinations in cases of mass copying, and subsequently cancelled the May‑June 1993 Higher Secondary examinations. Aggrieved candidates challenged the cancellation and the amendments before the Jammu & K…

The appellants, G. Sagar Suri and Shama Suri, were accused of obtaining a loan of Rs. 50 lakh from a finance company and issuing cheques that later bounced. A complaint under Section 138 of the Negotiable Instruments Act was filed, and concurrently a First Information Report under Sections 406 and 420 of the IPC was lo…

The Supreme Court examined the Central Government's revised quota system for higher‑education and public‑employment seats in the Andaman and Nicobar Islands, which reduced the 10‑year‑education locals' reservation from 35% to 20% and restored a 50% reservation for pre‑ and post‑1942 settlers. The petitioners argued tha…

The appellant's wife, Smt. Kaushalya Devi, inherited a two-fifths share in two khatas from her father in 1944 and became a co‑bhumidar under the U.P. Zamindari Abolition and Land Reforms Act, 1950. She died in 1953, before the Hindu Succession Act, 1956 came into force. The appellant claimed the share as his entitlemen…

The respondent, a clerk of Nedungadi Bank Ltd., was dismissed in 1972 for misappropriation of funds following a disciplinary inquiry. After about seven years he sought reinstatement, alleging discrimination because two other dismissed employees had been reinstated, and applied to the Central Government under Section 10…

The appellants, a lawyer and his wife who was a hostel matron, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly outraging a hostel resident's modesty and for attempting to suppress the complaint. The police filed the charge‑sheet directly before the Sessions Cour…

A Bangladeshi woman, Hanuffa Khatoon, was gang‑raped by several Railway employees at the Yatri Niwas, Howrah Station. Advocate Chandrima Das filed a writ petition under Article 226 seeking compensation of Rs 10 lakh and other reliefs. The Calcutta High Court awarded the compensation, holding that the offence violated t…

The State of West Bengal leased surplus land, acquired under the Land Acquisition Act, 1894 for a railway project, to a private company without conducting a public tender or auction. The appellants, heirs of the former owners and a vegetarian group, challenged the lease as arbitrary and violative of Article 14 of the C…

Gobindram (appellant) agreed to sell a property in Lajpat Nagar to Gian Chand (respondent) for Rs 16,000, receiving Rs 1,000 as earnest money. The sale deed was not executed within the stipulated time, prompting the respondent to sue for specific performance. The trial court decreed specific performance and the respond…

The landlord applied to the Rent Controller under Section 13(3)(ii),(iii) and (iv) of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, seeking eviction on grounds of habitual rent default, sub‑letting and bona‑fide personal need. The Controller found the tenant guilty on all grounds and g…

The Gram Panchayat of Village Naulakha filed an application under Section 7 of the Punjab Village Common Land (Regulation) Act, 1961 seeking to set aside an earlier injunction decree obtained by the respondents in 1975, alleging that the decree was the result of collusion between the respondents and the then Sarpanch. …

The appellant sought permission to construct on Plot E‑25 (new) in a Delhi cooperative colony. The original layout plan sanctioned in 1958 contained 98 plots; a later resolution mistakenly mentioned 108 plots. After boundary adjustments, the original plots E‑25 and C‑23 ceased to exist, and the society attempted to cre…

The Tamil Nadu Electricity Board (TNEB) appealed against High Court writ orders that awarded compensation to victims of electrocution, alleging that the High Court had improperly exercised its Article 226 jurisdiction and had referred the dispute to an arbitrator without a valid arbitration agreement. The Supreme Court…

The case involved the murder of Gram Sarpanch Sitaram Anjanalelu, for which six persons were convicted by the trial court under Section 302 read with Section 149 of the IPC. On appeal, the Andhra Pradesh High Court upheld convictions of two accused (A‑1 and A‑3) only under Section 326 and acquitted the rest. The Suprem…

The appellant Joseph was convicted of murder (Sec. 302 IPC) and robbery (Sec. 392 IPC) for allegedly luring Gracy, a convent worker, away on a false pretext, assaulting her, stealing her ornaments and causing her death by laying her on a railway track. The trial court acquitted him on all charges, but the Kerala High C…

The plaintiff filed a suit for declaration as legal heir and partition of property and simultaneously applied for a Succession Certificate under the Indian Succession Act, 1925 to claim insurance proceeds. The trial court declared the plaintiff the sole heir and granted the certificate; the appellate court set aside bo…

The case concerned several police officers who had been promoted on an officiating basis with a stipulation that they would not receive seniority until selected under the Bihar Police Manual Rules. The High Court had granted seniority and promotion to Brij Bihari Prasad Singh and Kameshwar Prasad Singh, relying on the …

Hindustan Elector Graphites Ltd filed its return for AY 1989‑90 on 29‑Dec‑1989 before the Finance Act 1990 amended Section 28 of the Income‑Tax Act to tax cash compensatory assistance received against exports, with retrospective effect from 1967. The company had received Rs 1,31,41,030 as such assistance in the previou…

Surendra Chauhan, who had an illicit relationship with a 24‑year‑old woman named Alpana, took her to the clinic of Dr. Ravindra Sharma, an unqualified electro‑homeopathic practitioner, for an abortion. Alpana died during the procedure, and Chauhan later confessed to her mother that he had arranged the abortion. The tri…

The tenant, Jagdish Lal, held a lease for a shop let for "Maniari" (general merchant) business at Rs 600 per month. He later started a restaurant serving tea and cold drinks, which the Rent Controller deemed a change of user under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 and ordered evicti…

Nath Bros. Exim International Ltd. booked 77 packages of silk garments with Best Roadways Ltd. for carriage from Noida to Bombay, the contract stating the goods were carried "at Owner's Risk". The consignment was diverted to a warehouse in Bhiwandi on alleged instructions of the consignee and was completely destroyed b…

The Uttar Pradesh Pollution Control Board filed a complaint under the Water and Air (Prevention and Control of Pollution) Act, 1974 alleging that Mohan Meakins Ltd. and its directors and manager discharged noxious effluents into the River Gomti, violating sections 24 and 43 of the Act. The Chief Judicial Magistrate iss…

The appellant, a building contractor, was awarded a contract by the respondent, a Karnataka government company, to construct a school. The contract contained an arbitration clause (clause 35) stipulating that any dispute would be arbitrated and that enforcement actions would be heard only in courts at Bangalore. An arb…

The case concerned the entitlement to family pension and death‑cum‑retirement gratuity of a deceased government employee who had two wives. The first wife, Rameshwari Devi, claimed the benefits for herself and her son, while the second wife, Yogmaya Devi, claimed benefits for herself and her four sons, asserting a vali…

During an industrial dispute, two employees were transferred and terminated and filed a complaint under Section 33‑A of the Industrial Disputes Act, alleging that the employer had not complied with the procedural safeguards of Section 33. The Industrial Tribunal awarded that the terminations were justified without firs…

The State of Kerala prosecuted P. Sugathan (A1) and Krishna Kumari (A2) for the murder of Soman and for criminal conspiracy under Sections 302 and 120B IPC. The prosecution alleged that A1, a police Sub‑Inspector, and A2, his concubine, conspired to kill Soman after he tried to revive a past relationship with A2. The t…

The respondent, Virendra Kumar Sharma, worked as an apprentice for CIMMCO Wagon Factory and received a stipend of Rs.250 per month, with a contractual clause stating the company had no obligation to employ him after training. No appointment letter or salary was ever paid, and letters recommending his appointment were w…

The Commissioner of Police, Mumbai, detained Jagdambaprasad Pathak under the Maharashtra Prevention of Dangerous Activities Act, 1981, alleging that he was a "dangerous person" who repeatedly engaged in criminal activities that threatened public order. The detention order, confirmed by the State Government, was based o…

The deceased Mahendra Shirke had insured his goods truck for Rs 10 lakhs under a comprehensive motor policy that included "unlimited personal injury and property" coverage, for which an additional premium of Rs 134 was paid. After his death in a road accident, his parents sued Oriental Fire and General Insurance Co. fo…

The case concerned a set of thirteen plots in Gorakhpur district where the appellants, Kali Prasad and others, were recorded as occupants (asamis) after the death of the last Khatedar, Smt. Partapi, in 1952. The father of respondents 3 and 4 filed civil suits for declaration of bhumidari rights and ejectment, which wer…

The petitioner, a judicial officer, challenged a decision that he be compulsorily retired at the age of 58 under Rule 71(a‑1) of the Orissa Service Code. He argued that the Supreme Court had raised the superannuation age for judges to 60 years and that the rule was inconsistent with the All India Judges Association jud…

The appellant was convicted by a Designated Court under Sections 3 and 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and Section 307 read with Section 34 of the Indian Penal Code for allegedly storing lethal weapons, extorting money and threatening a police officer during a search. On appeal, the …

The case involved the murder of Shamsher Singh and Amar Singh, allegedly committed by Swaran Singh, Jagjit Singh and others using a 12‑bore double‑barrel gun. The prosecution relied on eye‑witnesses (PW‑3 and PW‑4), forensic evidence (site plan, photographs, blood‑stained earth, post‑mortem reports, chemical analysis a…

V.C. Grover obtained an overdraft facility from Bank of India by pledging shares and later requested the bank to sell 500 of those shares to clear part of his overdraft. The bank delayed the sale for several months, during which the share price fell dramatically, causing Grover a loss. He filed a complaint before the N…

The appellant challenged the assessment of the rateable value of his property for property tax, alleging that the Assessing Officer had ignored the Supreme Court's principle from Dr. Balbir Singh's case that the rateable value cannot exceed the standard rent and must be determined by reference to rents of similarly sit…

The Madras Telephone SC/ST Social Welfare Association sought a direction that the eligibility list for promotion from Junior Engineer to Assistant Engineer be based on the year of confirmation, but the Central Administrative Tribunal had ordered the list to be based on the year of passing the qualifying examination. Th…

The State of Andhra Pradesh was sued by the family of Challa Chinnappa Reddy, who died after a bomb was hurled into his jail cell, alleging negligence of police officers who ignored repeated warnings of a conspiracy to kill the inmates. The trial court dismissed the suit on grounds of limitation and sovereign immunity;…

The Supreme Court examined the death of Sunita Kumari, who was found dead by asphyxiation three years after her marriage. The husband, Rakesh Kumar, and his relatives were initially convicted under Sections 304‑B, 306 and 498‑A IPC, but the High Court acquitted all of them. On appeal, the Court held that a presumption …

The case concerned a dwelling‑house owned by an undivided family in which one co‑owner sold his one‑third share to Babu Lal, a stranger to the family. Respondent No.1, the decree‑holder in a partition suit, sought a decree under Section 4 of the Partition Act, 1893, to buy out Babu Lal's share, even though Babu Lal had…

The Supreme Court examined the sale of assets of Kolay Biscuits Co. Ltd., a company under liquidation, where the Company Judge ordered an auction as a going concern based largely on oral statements about 1,200 workers and a valuation report that was not disclosed to the secured creditor, Union Bank of India. The Court …

The owners leased premises to United Commercial Bank for five‑year terms, renewing twice, but did not renew after the lease expired on 31 March 1991. The owners demanded vacancy, yet the bank continued to pay an enhanced rent, which the owners accepted and withdrew. The dispute centered on whether the landlord’s accept…

The appellant Ahmed was found in possession of 9 g of charas after a search of his person by an empowered gazetted officer following a raid based on prior information. During the search the accused requested to be taken before a magistrate or another gazetted officer, but the police refused. He was convicted under Sect…

The son of the deceased Karta filed a suit for partition of twelve properties, alleging that the Karta had illegally gifted two ancestral items to his second wife and four coparcenary items to his unmarried daughter. The trial court and the first appellate court held the gifts void for lack of consent and because a cop…

The dispute concerned possession of a suit‑property that had been sold to the appellant, Probodh Chandra Ghosh, while the respondent, Urmila Dassi, claimed title as the heir of the original owner. The appellant filed an application under Section 144 of the CPC on 17 April 1986 for restoration of possession, which was a…

The Supreme Court heard a contempt petition filed by Murray & Co. against Ashok K.R. Newatia and others after the respondents filed an affidavit in a transfer petition falsely claiming that the petitioner had not sold or dealt with the disputed immovable property, contrary to the facts. The Court examined whether such …

The case concerns D.K. Dayananda, a clerk of Syndicate Bank, who was absent from duty for more than 90 consecutive days. The Bank issued a show‑cause notice under Clause 16 of the Bipartite Settlement, which was returned as "refused"; the employee neither responded nor reported for duty, leading the Bank to deem him to…

The Supreme Court examined the rape of a minor girl by Kamal Kishore, whose conviction was upheld by the Himachal Pradesh High Court but the sentence was reduced to three years under the proviso of Section 376 IPC, citing the offence's age and the accused's settled life as "adequate and special reasons." The Court foun…

The appellants, six purchasers of a flat, paid Rs 4,55,000 as earnest money under a sale agreement and later faced a compulsory purchase of the property by the Central Government under Chapter XX‑C of the Income‑Tax Act, 1961. The Appropriate Authority released the consideration to the vendor and retained amounts to sa…

Kuldeep Singh, Mahendra Singh, Uttam Chand and Surjeet Kaur were charged with the murder of Sohan Singh. The prosecution alleged that Singh's objection to an illicit relationship between Kuldeep and Surjeet, and to her attempt to sell her share of the house, provided motive for a conspiracy to kill. The accused lured t…

Dena Bank had taken a mortgage over the property of the partnership firm Mis Bhikhabhai Prabhudas Parekh & Co. and its partners. While the suit was pending, the State of Karnataka attached and auctioned the mortgaged property to recover arrears of sales tax. The trial court granted a decree to the bank but dismissed th…

Chandra Parkash Shahi, a constable recruited on probation under the U.P. Police Regulations, completed his two‑year probation without blemish but was terminated a year later by a simple notice under Rule 3 of the U.P. Temporary Government Servants (Termination of Service) Rules, 1975, following a preliminary enquiry in…

The legal heirs of a deceased landowner owned 122.35 acres, of which about 95 acres were rubber plantation and 3.5 acres ancillary land, while 24.30 acres were dry land. Four sons each claimed exemption from ceiling limits for their 20.39‑acre shares, which the Taluk Land Board granted and the High Court upheld. The pa…

The appellants, Assistant Engineers (Electrical) Class II, were promoted on an ad‑hoc basis to Executive Engineer (Electrical) and later regularised. The Department’s seniority list counted their ad‑hoc service for seniority, which was challenged by directly recruited Assistant Executive Engineers (Electrical) Class I.…

The State of Tamil Nadu appealed to the Supreme Court seeking to uphold criminal revision petitions filed in the Madras High Court against the trial of Selvi J. Jayalalitha. The accused, through counsel, requested permission to withdraw those revision petitions without prejudice to her right to raise all contentions af…

Medchl Chemicals & Pharma Ltd. entered into a supply agreement with Biological E. Ltd. for raw materials. The respondents allegedly failed to supply as promised, causing a loss of about one crore rupees to the petitioner, and the petitioner filed a criminal complaint under IPC sections 120B, 415, 418, 420 and 34. The A…

The appellant, a joint Indian‑American venture, contributed technical know‑how valued at Rs.2,35,000 and received equity shares in return. It claimed the amount as revenue expenditure under the Income Tax Act, but the Assessing Officer treated it as capital expenditure and allowed only 1/14th under Section 35‑A. While …

The Steel Authority of India entered into a works contract for an oxygen furnace plant, paying a contractor for design, engineering, supply and installation. Under the amended Section 13‑AA of the Orissa Sales Tax Act, the owner was required to deduct 4% sales tax on all payments, but it omitted deduction on amounts re…

The State of Uttar Pradesh constructed the Gai Ghat bridge in 1968‑69 and, by a 1976 notification, began levying tolls to recover the bridge's construction cost, interest on total expenditure, maintenance costs and other expenses, for up to 50 years or until full recovery. A truck owner, Devi Dayal Singh, challenged th…

The petitioners sought a writ under Article 32 of the Constitution to compel the Maharashtra State Government to provide security for the screening of the film "Fire" and to appoint an independent agency to investigate the violent protests that damaged several cinemas. They alleged that the then Chief Minister and the …

The case concerned the interpretation of Explanation (2) to Section 40(b) of the Income Tax Act, 1961, which came into force on 1 April 1985. The issue was whether the explanation operated prospectively or was merely declaratory of the law already in force. The Supreme Court examined earlier decisions, particularly Bri…

The petitioners challenged the functioning of the Bhopal Gas Relief Tribunal, alleging that the Deputy Welfare Commissioner had fixed arbitrary compensation amounts, that Lok Adalat decisions were sham, and that the lack of proper medical facilities violated their rights. The Supreme Court examined the 1985 Bhopal Gas …

The landlord, Ishwar Swaroop Sharma, let a shop to Jagmohan Lal on a monthly basis, with the rent increased to Rs 200 in 1976 and documented by an endorsement. In 1989 Sharma applied under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 for fixation of fair rent. The Rent Controller fixed Rs 1,0…

The Government of Orissa acquired land for a railway line and handed it to the Railway Administration, which extracted rock cut spoils and earth (minor minerals) for laying the track. The State’s revenue authorities demanded royalty and cess under the Orissa Minor Mineral Concession Rules, 1990. The Railway Administrat…

The State of Himachal Pradesh appealed the acquittal of a 17‑year‑old accused who was found not guilty of raping his 13‑14‑year‑old niece. The trial court had held that the girl was over 16 and had consented, while the High Court affirmed this view. The Supreme Court examined medical reports, dental and radiological ag…

The Federation of Bar Associations in Karnataka filed a writ petition under Article 32 of the Constitution seeking a permanent bench of the Karnataka High Court in northern Karnataka, arguing that the long distance from Bangalore made access to justice costly and time‑consuming. The Chief Justice of the Karnataka High …

The respondent filed a suit to recover loans granted to I.C.I.C.I. Ltd., impleading the company's guarantors. The company was subsequently declared a sick undertaking under the Sick Industrial Companies (Special Provisions) Act, 1985, and the High Court directed that the receiver not take possession of the company's as…

The petitioner, a major son, owned agricultural land exceeding the ceiling limit under the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, while his mother’s family unit held land below the ceiling. He claimed that his excess could be set off against his mother’s deficiency pursuant to Section 4A of the…

O.P. Sharma, a former DIG of the CBI, filed an application under Section 91 of the Criminal Procedure Code seeking the summons and production of documents he alleged would demonstrate that the CBI’s case against him was driven by malice. The Special Judge rejected the application, finding the documents irrelevant and i…

Smt. Santra, a poor labourer with seven children, underwent a sterilisation operation at a government hospital under the family‑planning scheme and was issued a certificate stating the procedure was successful. She later became pregnant and gave birth to a child because only her right fallopian tube had been operated o…

The appellant, a CRPF officer, was deputed to the CBI and sought permanent absorption on the basis that he was a graduate. He failed to produce a graduation certificate and claimed that a degree was not required for someone of his standing, leading the CBI to doubt his integrity and repatriate him to his parent departm…

Tata Engineering & Locomotive Co. Ltd., a manufacturer of automobiles, purchased large quantities of timber from licensed dealers and operated several saw‑mills within its factories to produce wooden components for its vehicles. The State of Bihar issued a notice requiring the company to obtain a licence under the Biha…

The State Bank of India obtained a preliminary decree for a sum of Rs. 70,087.75 in 1987 and was required to apply for a final decree by 31‑12‑1991. It filed the application only on 27‑7‑1994, seeking condonation of a 714‑day delay under Section 5 of the Limitation Act, 1963 and Order 34 Rule 5 of the CPC. The subordin…

Three employees of Karnataka State Road Transport Corporation were placed on a two‑year probation and later terminated after the probation period ended. They challenged the terminations before the High Court, which held that the corporation could not terminate their services after the maximum probation period because t…

The respondent, a Major in the Indian Army, was tried by a General Court Martial (GCM) for offences under Sections 39(1) and 63 of the Army Act. The GCM appointed a Captain as Judge‑Advocate, a rank lower than the accused. The GCM convicted and sentenced the Major, the sentence was later revised to dismissal and confir…

The landlord sought eviction of the deceased tenant Gantusa H. Badri's premises under Sections 21(1)(a), (h) and (p) of the Karnataka Rent Control Act, 1961, alleging arrears and that the tenant had acquired an alternative suitable building through a partnership firm. The Munsiff dismissed the eviction, but the revisio…

The respondents imported Tape Deck Mechanisms (TDMs) from Yamato at a declared price of S$250 per set, whereas earlier orders with Mohan Impex were at S$343.45 per set. The Directorate of Revenue Intelligence seized the goods and the Collector of Customs found deliberate under‑invoicing, mis‑declaration of value and ev…

The appellant was accused of stabbing the deceased, a Scheduled Caste member, with a dagger, resulting in death. The trial court convicted him of culpable homicide not amounting to murder under Section 304 Part II IPC and under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. The High Court overturned the 3…

The appellant was convicted of murder under Section 302 IPC for stabbing the deceased with a dagger. The prosecution's case relied on eyewitness testimony that the appellant drew a dagger and inflicted fatal injuries, while the defence argued that the dagger was found enclosed in a sheath and bore no bloodstains, makin…

The Christian Medical College, a hospital, operates an Equipment Maintenance Department with 45 workers that repairs and maintains medical equipment. The Employees' State Insurance Corporation (ESIC) issued a notice that the department fell within Section 2(12) of the Employees' State Insurance Act, 1948 (ESI Act) and …

The appellants, direct recruits as Commercial Tax Inspectors, challenged seniority lists that placed them above respondents who had been absorbed from the Land and Building Tax Department under the Rajasthan Absorption of Surplus Personnel Rules, 1969. The respondents argued that their original appointments in 1974 wer…

The Supreme Court examined whether earlier judgments concerning the status of three wakf rozas could bar a fresh proceeding under the Bombay Public Trusts Act, 1950. It clarified that a prior decision is res judicata only when the issue was "directly and substantially" in dispute, not merely "collaterally or incidental…

The Rajasthan State Warehousing Corporation (appellant) earned income in AY 1977-78 from interest, warehouse rentals and administrative charges, part of which was exempt under Section 10(29) of the Income Tax Act, 1961. It claimed a full deduction of its business expenditure under Section 37, but the assessing officer …

Kusum Ingots and Alloys Ltd., a company, issued post‑dated cheques to Pennar Peterson Securities Ltd. The cheques were dishonoured, a statutory notice was sent, and the payee filed a complaint under Section 138 of the Negotiable Instruments Act. Before the 15‑day notice period expired, the company was declared "sick" b…

The State of Orissa appealed a decree based on an arbitration award made against the estate of the late Sudhakar Das. The arbitration agreement lacked an escalation clause, and the arbitrator had awarded escalation charges, pendente‑lite interest, and interest for the pre‑reference period. The Supreme Court held that, …

The case arose from a writ petition before the Madhya Pradesh High Court alleging arbitrariness in the award of a contract for the purchase of intravenous fluids, where the appellant, Hindustan Antibiotics Ltd., was accused of supplying sub‑standard fluids containing fungus. The High Court, upon finding letters indicat…

Dr. Vijaya Yapurapu Subba Yamma retired on 13 November 1980 after 12 years of service, falling short of the 20‑year qualifying period required for a pro‑rata pension under the Central Civil Services (Temporary) Services Rules, 1965. The Fourth Pay Commission later recommended reducing the qualifying service to ten year…

The Agricultural Produce Market Committee, created under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, terminated several temporary employees, prompting the Labour Court to order their reinstatement. The Committee challenged the Labour Court’s jurisdiction, arguing that it was not an "industry" u…

The case concerned the inter‑se seniority of officers in the Delhi Higher Judicial Service appointed either by direct recruitment from the Bar or by promotion from the Delhi Judicial Service. The Delhi High Court had prepared seniority lists that excluded promotees appointed under Rules 16 and 17 on the ground that the…

The appellant, a senior advocate and former legal advisor to a cooperative bank, refused to return the bank's case files after the retainership was terminated, demanding payment of alleged fees of Rs. 97,100. The bank filed a complaint before the State Bar Council, which was transferred to the Bar Council of India; the…

The dispute concerned the succession to agricultural land left by Harbilas, who died in 1948, governed by the Quanoon Mal Riyasat Gwalior, Samvat 1983 (Special Legislation). The appellants were male descendants of Harbilas's great‑grandfather, while the respondents were the sons of Harbilas's sister. Lower courts had h…

O.P. Jaiswal obtained a court order that the Nagar Mahapalika would not demolish his construction pending a writ petition. The Mahapalika demolished the structure on 11 January 1987, prompting Jaiswal to seek contempt proceedings under Section 12 of the Contempt of Courts Act, 1971. The Allahabad High Court issued show…

Modern Insulators Ltd. purchased an All Risk Insurance Policy from Oriental Insurance Co. for a kiln installation. When the kiln furniture collapsed during trial, the insurer refused to pay, claiming an exclusion clause for second‑hand property that the insured alleged was never disclosed. The State Consumer Disputes R…

The importer M/s. Ganesh Das Bhojraj claimed exemption from customs duty on green beans under Notification No.129/76-Cus, but the Central Government amended the exemption by Notification No.40/87-Cus, imposing a 25% duty. The importer contended that the 1987 notification, although published in the Gazette of India, was…

The Tamil Nadu Government issued a circular directing registration officers to refuse registration of property documents suspected of being undervalued until the correct stamp duty was collected. The petitioners challenged the circular as violative of Section 47A of the Indian Stamp Act, 1899. The High Court quashed th…

M. Mohammad Yaqub, employed by Scooters India Ltd., was removed from the company's rolls on 1 August 1976 under Standing Order 9.3.12, which deemed a worker absent for more than ten consecutive days as having left the service. He raised an industrial dispute; the Labour Court held that his removal amounted to retrenchm…

Mrs. Har Kiran Commar filed a review petition under Section 48 of the Land Acquisition Act, 1894, seeking de‑acquisition of land on the ground that the acquisition proceedings against her were quashed, similar to the relief granted to her brother, Gurdip Singh Uban. The Court examined a letter dated 6‑Feb‑1996 issued t…

The Delhi Municipal Corporation repeatedly passed resolutions from 1970 to 1989 to transfer or sell municipal quarters to its employees, but each time the Municipal Commissioner objected. The Corporation was superseded three times, and eventually the Administrator, on the Lt. Governor’s direction, rescinded those resol…

The Karnataka Co-operative Society dismissed four employees for breach of trust and misappropriation of goods amounting to about Rs. 24,000. The employees' union raised an industrial dispute, and the Labour Court, after finding the charges proved, exercised its discretion under Section 11‑A of the Industrial Disputes A…

The Supreme Court considered several Special Leave Petitions and a writ petition challenging orders of various High Court Chief Justices or their nominees made under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint or refuse to appoint an arbitrator. It held that such orders are administrative in …

Anthony was inducted into possession of a shed by the owner under an unregistered lease deed for five years and paid monthly rent. The ownership later passed to the respondents who sued for eviction; the trial court dismissed the tenancy claim and decreed eviction. On first appeal, the district court held that despite …

The case arose from a land dispute in which the appellants, armed with deadly weapons, allegedly attacked the complainant party, resulting in the death of Virender Singh and injuries to several witnesses. The trial court convicted the appellants under Sections 302/34, 341/34 and 307/34 of the IPC and the High Court aff…

The State of Maharashtra appealed a Bombay High Court order that had declared the seizure and detention of luxury buses illegal and awarded Rs.10,000 compensation to the bus operators. The police had seized the buses under Section 207(1) of the Motor Vehicles Act, 1988, alleging that they were carrying passengers in ex…

The Central Bureau of Investigation filed a charge‑sheet against former Karnataka Chief Minister S. Bangarappa under the Prevention of Corruption Act, 1988, alleging that he had amassed assets disproportionate to his known sources of income. The trial court framed a charge under Section 13(2) read with Section 13(1)(e)…

Charan Singh underwent surgery at Healing Touch Hospital and alleged medical negligence that left him paralysed on the right side, resulted in the loss of a kidney, loss of employment and substantial expenses. He filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) seeking Rs 34 lakhs co…

The appellant was granted a parcel of land by the revenue authority under sub‑rule (2) of Rule 4 of the Karnataka Land Grant Rules, 1969, because the land was adjacent to his existing holding and was needed for better cultivation. The grant was confirmed by the Deputy Commissioner and the Appellate Tribunal. The respon…

The respondent, a retiring partner of two firms, surrendered his partnership rights and received the value of his share in the firms' assets. The Gift Tax Officer treated this relinquishment as a transfer of property and levied gift tax. The assessee appealed, and the Appellate Assistant Commissioner, the Tribunal, and…

Hindustan Shipyard Ltd., a public sector shipbuilder, challenged the assessment of sales tax on contracts for building ships, arguing that the contracts were works contracts under Section 2(t) of the Andhra Pradesh General Sales Tax Act, 1957. The State of Andhra Pradesh contended that the contracts were sales of goods…

The plaintiff entered into a contract to purchase a property for Rs.25,000, paying Rs.17,000 at execution and agreeing to pay the remaining Rs.8,000 within five months at the time of execution of the sale deed. The defendant refused to accept the balance and to execute the deed. After three legal notices, the plaintiff…

The appellants, members of a co‑operative society, transferred five shares to other members via an instrument dated 31 March 1986. The Superintendent of Stamps treated the instrument as a conveyance of property and demanded stamp duty under Article 25(b)(i) of the Bombay Stamp Act, 1958. The Bombay High Court upheld th…

MIS. PA WAN BISCUITS CO. PVT. LTD. entered into an agreement with Britannia Industries Ltd. under which Britannia supplied raw materials and the recipe, and the appellant manufactured biscuits and received processing charges. The Assistant Collector of Excise, treating the appellant as an agent, fixed the assessable va…

The appellant, a pharmaceutical company, claimed deduction for the liability to pay surtax and for expenditure incurred on distributing free samples of prescription drugs to doctors. The Revenue argued that surtax liability is not deductible under section 37 and that the sample distribution is a form of advertisement, …

The Supreme Court considered a dispute between National Insurance Company Ltd. and the owners of a vehicle (Chinto Devi et al.) where an accident occurred at 11:30 a.m. on 23 February 1987, the same day the insurance policy was purportedly issued. The insurer claimed the policy was issued at 4:45 p.m. (as per the cover…