Judgments of 2001

The appellant, a debtor, mortgaged land and later applied to the Special Tahsildar under the Tamil Nadu Debt Relief Act, 1980 for relief. The creditor, having been assigned the mortgage, opposed the application and filed a civil suit for recovery of the mortgage amount. The Special Tahsildar, after inquiry, granted rel…

The appellant Ganesh Lal was convicted for raping, murdering and stealing from an 11‑year‑old girl. The prosecution relied on a series of circumstantial facts: the recovery of the victim's silver ornaments (kuralias) and a blood‑stained axe at the accused's direction, possession of blood‑ and semen‑stained clothes hidd…

The Union of India and others appealed against the Gujarat High Court’s order allowing special civil applications filed by Adani Exports Ltd. and others seeking the benefit of a Pass‑Book Scheme under the Import‑Export Policy for shrimp exports. The central issue was whether the Gujarat High Court at Ahmedabad possesse…

The landlord, Sri Kempaiah, filed an eviction petition under the Karnataka Rent Control Act, 1961, claiming a reasonable and bonafide requirement for the premises and alleging arrears of rent. The trial court allowed eviction on the basis of bonafide requirement but rejected the landlord’s claim of arrears because he c…

The appellant, husband of a murder victim, challenged the Allahabad High Court's order granting bail to Respondent No.2, a life‑convicted prisoner who, while on bail pending appeal, allegedly murdered the appellant's wife. The High Court had granted bail despite Section 437(2) of the Code of Criminal Procedure, 1973, w…

The Tamil Nadu Wakf Board filed nine suits seeking possession of properties it claimed were public wakf, based on a 19th‑century deed. The defendants argued that the properties were not listed in the Wakf Board's notification under Section 5(2) of the Wakf Act, 1954, and had been sold in revenue auctions. The trial cou…

The appellants, Live Oak Resort Ltd., obtained a 3‑star rating and applied to the Panchgani Hill Station Municipal Council for permission to add an extra floor to their hotel. The council referred the matter to the Director of Town Planning, who, under the Maharashtra Regional and Town Planning Act, 1966 and Bye‑law 28…

The appellant, S. Nagalingam, was first married to Sivagami on 6 September 1970. While that marriage subsisted, he contracted a second marriage with Kasturi on 18 June 1984 in a temple in Tamil Nadu, where garlanding and tying of the thali were performed. The trial court acquitted him, holding that the essential "Sapta…

The appellants, Ravinder Kumar and Surinder Kumar, were convicted of murder under Section 302 IPC for killing broker Amar Kumar Gupta, concealing the body in a wooden parcel, and were sentenced to life imprisonment. They appealed, contending that the FIR was filed two days after the crime, that the rickshaw‑puller’s te…

The Supreme Court examined a second appeal (Civil Appeal No. 6060 of 2001) filed by Birendra Kumar Dubey and another against a judgment of the Patna High Court that had set aside the first appellate court's decision and restored the trial court's decree. The High Court had entertained the second appeal without first fr…

The State of U.P. and others filed special leave petitions under Article 136 of the Constitution against interlocutory orders of the Allahabad High Court dated 2 September 1999 and 12 January 2000. The petitions were filed more than a year after the latter order, and the petitioners could not explain the delay. The Sup…

Smita Conductors Ltd. (appellant) and Euro Alloys Ltd. (respondent) entered into contracts for the supply of aluminium rods that contained an arbitration clause but were never signed by the appellant. The appellant opened irrevocable letters of credit and made shipments, but later invoked a force‑majeure clause after R…

The Calcutta Municipal Corporation needed to fill the post of Chief Municipal Engineer (Civil) and selected Nilangshu Bhushan Basu by direct recruitment in consultation with the State Public Service Commission, as permitted by the Calcutta Municipal Corporation Act, 1980 and the 1985 Rules. The Calcutta High Court set …

The appellants purchased agricultural land from vendors and the respondents, as co‑sharers, filed a suit claiming a statutory right of pre‑emption. The trial court decreed in favour of the respondents and they deposited the purchase money under Order 20 Rule 14 CPC. While the appeal was pending, the Haryana Amendment A…

The Supreme Court examined the Cess and Other Taxes on Minerals (Validation) Act, 1992 to determine whether it merely validated cess and tax already collected under invalid State laws or also authorised fresh levy and collection of amounts due up to 4 April 1991. The Court held that the Act validates only the levy and …

The dispute concerned a 3‑sq‑yard municipal plot in Sonepat leased by the Municipal Committee to Prem Kumar Sardana, who sub‑let the ground floor to Janak Raj Kapoor (now the appellant) and the first floor to the first respondent. After the Haryana Government’s 1991 policy to grant direct leases to sub‑lessees, the fir…

The appellant, Ramkat Ronald, was convicted under IPC sections 376 (rape) read with 511 (attempt to commit rape) and 302 (murder) based largely on a dying declaration allegedly made by the deceased, Betty, to her brother (PW‑5). The Supreme Court examined the reliability of that declaration, noting inconsistencies, lac…

The appellant Gopi Nath was convicted of murder under Section 302 read with Section 34 of the Indian Penal Code for the killing of Ram Chandra, who was attacked by three accused armed with weapons. The appellant argued that he only inflicted a simple injury and should be liable only under Section 324, not for murder. T…

The Central Bureau of Investigation filed a criminal case before the Special Court (Trial of Offences Relating to Transactions in Securities) alleging conspiracy by Dhy An Investments and Trading Co. Ltd. The company sought transfer of the case from one Special Court judge to another, invoking Section 407 of the Crimin…

K. Ponnuswamy, a former lecturer who became Minister of Education in Tamil Nadu (May 1993‑May 1996), was charged under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act for possessing assets disproportionate to his known income. The prosecution proved that large sums were transferred to his wife and daugh…

In the 1996 Kerala Legislative Assembly election for the Mararikulam constituency, P.J. Francis was declared elected, defeating V.S. Achuthanandan by 1,965 votes. Achuthanandan filed an election petition alleging corrupt practices, improper reception of void votes, and violations of the Constitution and the Representat…

The Thanthi Trust, created in 1954 to run a Tamil daily newspaper, claimed tax exemption under Section 11 of the Income Tax Act, 1961 for the newspaper's income, arguing that surplus earnings were used for charitable purposes such as education and relief of the poor. The Income Tax Officer disallowed the exemption for …

The case arose from writ petitions under Article 32 seeking pay parity for employees of South Malabar Gramin Bank (a Regional Rural Bank) with employees of nationalised commercial banks. A National Industrial Tribunal, chaired by Justice S. Obul Reddi, awarded parity based on the 4th and 5th Bipartite Settlements and t…

The petitioners, who were direct recruits to the Delhi Higher Judicial Service (DHJS) in 1988, challenged a gradation list prepared by the Delhi High Court that included five promotee respondents appointed as Chief Metropolitan Magistrates in 1986. The respondents argued that their appointments, though labelled "fortui…

The State of Punjab issued a notification for the post of Assistant Advocate General and prepared a select panel of three candidates. The first candidate accepted the offer, was appointed, and later resigned; the second candidate declined the appointment. The State then appointed the second respondent from the service …

Parmeshw ar Prasad, a Bihar Statistical Service officer, was recommended for appointment to the IAS cadre by selection under the IAS (Appointment by Selection) Regulations, 1956. The State Scrutiny Committee failed to hold meetings for short‑listing candidates for 1994‑95 and 1995‑96, and in 1996 his name was rejected …

The workmen (appellants) left their original trade union, were falsely accused of assault, arrested and suspended, and a domestic inquiry was initiated under the Model Standing Orders. They obtained a stay of the domestic inquiry from the Labour Court pending the criminal trial, after which the employer reduced their s…

Special Courts were created under the Essential Commodities (Special Provisions) Act, 1981 to try offences under the Essential Commodities Act, 1955, and later were also empowered to try NDPS offences. The EC (Special Provisions) Act lapsed in 1998, causing those courts to lose jurisdiction over EC cases, although they…

The appellant, Antonysami, obtained a decree for specific performance of a sale, directing the judgment debtor to measure and demarcate the land by 23‑Sep‑1966 and to deposit the balance price by the same date. The appellant complied with the deposit, but the debtor delayed the measurement until 1973. An execution peti…

In the 2000 Haryana Assembly election for the Ateli constituency, the appellant Santosh Yadav (INLD) lost to Narender Singh (INC) by a margin of 334 votes. Yadav challenged the result, alleging that the election was materially affected by the improper acceptance of the nomination of independent candidate Naresh Yadav, …

Asia Resorts Ltd. contracted Usha Breco Ltd. to install a ropeway system which failed to meet specifications. Asia Resorts issued a notice on 17 April 1990 and received a definitive denial on 17 May 1990, after which it filed a petition under Section 20 of the Arbitration Act on 30 November 1993. The Supreme Court held…

MIS Mysore Structurals Ltd. terminated three workmen, prompting an industrial dispute. The Labour Court awarded reinstatement with back wages, an award that became final but was not implemented by the company. The workers' union sought and obtained sanction under Section 34 of the Industrial Disputes Act to prosecute t…

The appellant, Thanedar Singh, was convicted for murder by the Madhya Pradesh High Court after the trial court had acquitted him. The Supreme Court examined whether the High Court erred in overturning the acquittal, focusing on the credibility of the eye‑witness (the victim's father), the correctness and timing of the …

The appellant, John Mathai Abraham, owned a fractional undivided share in a large building in Bangalore and sought eviction of the respondent, British Physical Lab India Ltd, under Section 21(1)(h) of the Karnataka Rent Control Act, 1961, claiming a bona fide need for personal residence and professional use. The Rent C…

The British Bank of Middle East, a non‑resident banking company, provided free cars to its employees for the assessment years 1975‑76 and 1976‑77. The assessing officer disallowed the perquisite value of the cars under Section 40A(5) of the Income‑Tax Act, estimating it at 50% of the actual running expenses. The Commis…

Parasrampuria Synthetic Ltd imported a large number of printed drawings, designs and plans under a foreign technology‑transfer agreement for setting up a polyester plant. The importer claimed that the items fell within Serial No. 10 of Customs Notification No. 25/95 (dated 16‑03‑1995), which provides a nil rate of duty…

The Supreme Court examined three questions: the meaning of "appropriate Government" under the Contract Labour (Regulation and Abolition) Act, 1970; the validity of the Central Government's 9 December 1976 notification prohibiting contract labour in Central Government companies; and whether such a prohibition automatica…

The State of West Bengal sought to evict Mis Banalata Investment Pvt. Ltd. and others from premises it claimed as government property. The Calcutta High Court held that the eviction could only be effected under the West Bengal (Public Land Eviction of Unauthorized Occupants) Act, 1962 and not under the West Bengal Gove…

The appellant, a partnership firm, owned a house property that was attached and proclaimed for sale under tax recovery proceedings. The property was auctioned in 1980 and a bid was accepted, but the tax demands against the firm were later reduced to nil after successful appeals before the Income Tax Appellate Tribunal.…

The respondent, a former constable of the Border Security Force (BSF), resigned after 12 years and 8 months of service under Rule 19 of the BSF Rules, 1969. The Government of India, relying on a 1995 Government Order, granted him full pensionary benefits, which were not released, leading to a writ petition and subseque…

C/M. St. John Inter College, a minority educational institution under Article 30, terminated the services of its employees without obtaining prior approval of the Inspector as required by Section 16G(3)(a) of the U.P. Intermediate Education Act, 1921 and Regulation 44. The Allahabad High Court set aside the termination…

The petitioner, Babua, was charged under the Narcotic Drugs and Psychotropic Substances Act, 1985 for allegedly abetting a conspiracy to possess and sell cannabis and other drugs. The charge was based on statements of a co‑accused who said Babua worked for the alleged drug dealer. The petitioner applied for bail, argui…

The appellants, Lakshmani Stone Products, operated stone quarries and performed crushing of stones. They challenged the applicability of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, arguing that no notification under Section 4 had listed stone quarries in the Schedule, and therefore the Act sh…

The Government of Tamil Nadu issued a notification under Section 10(1) of the Contract Labour (Regulation & Abolition) Act, 1970 prohibiting the use of contract labour for sweeping and scavenging in establishments employing fifty or more workers. Mis. Landt Mc Neil Ltd. challenged the notification, alleging that the St…

Ranjit Kaur filed a criminal complaint against Jatinder Singh under IPC 494 for bigamy and against four others under IPC 109 for abetment. The Judicial Magistrate dismissed the complaint for default because the complainant was absent, and she subsequently filed a second complaint with the same allegations before the sa…

Phoenix International Ltd, a footwear exporter, obtained a Value Based Advance Licence (VBAL) permitting duty‑free import of "printed PVC" (PVC leather cloth) under Notification No. 79/95‑Cus, Section 25(1) of the Customs Act. The customs officer classified the imported sheets as "shoe uppers" (heading 6406.10) because…

The Delhi Development Authority (DDA) failed to deduct tax at source on interest paid to flat buyers, leading to a tax demand for assessment years 1987-88, 1988-89 and 1989-90. The Income Tax Appellate Tribunal set aside the assessments, held the payments were not "interest" within Section 2(28A), and ordered a refund.…

Brigadier Avtar Singh (Respondent) had adverse remarks recorded in his Annual Confidential Reports (ACRs) for 1990-91 and 1991-92, which were partially expunged on appeal. He was empanelled for promotion to Major General in April 1995 but, due to the absence of a vacancy, retired as a Brigadier in December 1995. He fil…

The State of Uttar Pradesh prosecuted Shambhu Nath Singh and others for murder and related offences under IPC sections 302, 307 and 149. The prosecution’s key eye‑witness, PW‑1, was examined in chief but his cross‑examination was repeatedly postponed despite his presence on numerous dates, while the accused were often …

The case arose from a long‑standing feud between the families of Bhagwan Ram and Krishan Lal. On the night of 21‑22 August 1992 the accused entered Bhagwan Ram's house and fired indiscriminately, killing Bhagwan Ram, his son Sunder Ram and his mother Chando Devi, and injuring Subhash Chander (PW2) and his sister Raj Ku…

The appellant was remanded to judicial custody for offences under the IPC and the Maharashtra Protection of Interest of Depositors Act. After the statutory 60‑day period for filing a charge‑sheet elapsed, he applied for bail, asserting the indefeasible right under the proviso to Section 167(2) of the CrPC. The Special …

The State of Bihar filed an FIR alleging that six government revenue officers colluded with two private individuals to forge assessment orders under the Bihar Land Reforms Act, 1955, thereby misappropriating state funds. The FIR, registered under IPC sections 419, 420, 467 and 120B, named eight accused. The Patna High …

The incident occurred on 21 July 1981 when a group of accused, armed with lathis, entered the field of Sardari Raut and Hakim Raut to forcibly dispossess them of land. During the confrontation, Sukhan Raut ordered Bhaiya Mani Raut to strike Sardari Raut, who received a blow to the head and later died, allegedly after a…

The plaintiff, a daughter of the deceased Indira Bai, sued her siblings and father claiming a one-sixth share of the estate, alleging the will dated 26 August 1981 was forged. The trial court upheld the will based on attesting witnesses, but the Kerala High Court set aside that finding, deeming the will "unnatural" due…

The appellant alleged that his mother was murdered and the accused were charged under Sections 148, 149, 323, 449 and 302 of the IPC. The Sessions Judge closed the prosecution evidence because the appellant did not request further examination of witnesses. After the case was transferred, a new Sessions Judge recalled t…

The State of Punjab convicted Naib Din under Section 9 of the Opium Act for possession of opium, relying in part on affidavits of two police officers who had handled the seized sample. The High Court, on revision, quashed the conviction because the affidavits were not cross‑examined and their contents were not put to t…

The appellant Addha was convicted of murder (Section 302 IPC) for allegedly striking the deceased Sher Singh with a lathi during a sudden quarrel between two groups. The prosecution's case relied on the testimony of PW‑1, who did not specifically state that Addha caused the fatal head injury, only that he struck the ri…

The appellants were charged with murder and related offences under Sections 302, 307, 147, 148, 149 and 1208 of the IPC for an incident alleged to have occurred on 27 June 1977 in Badayun, Uttar Pradesh. The trial court acquitted all accused, holding that the prosecution failed to prove its case beyond reasonable doubt…

The petitioners, a group of Muslim women, challenged the constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986, arguing that it discriminated against them by excluding Muslim divorced women from the protection of Section 125 of the Code of Criminal Procedure. The Court examined whether…

The case concerned allotments of land under the discretionary quota of the Haryana Urban Development Authority Act, 1988, Section 30. The Punjab & Haryana High Court had earlier laid down principles for such allotments in S.R. Dass (1988) and later in Anil Sabharwal (1997) introduced new principles, refusing to apply t…

The appellant, Sri T. Phunzathang, filed an election petition challenging the election of Sri Hangkhanilian on the ground of alleged corrupt practice under Section 123 of the Representation of People Act, 1951. The respondent contended that the copies of affidavits served on him lacked the Oath Commissioner’s endorseme…

A medical student (respondent No.1) applied to migrate from a college in New Mumbai to a college in Aurangabad on medical grounds. The Medical Council of India (MCI) allowed the migration subject to Regulation 6(5) of its 1997 Graduate Medical Education Regulations, which requires the student to complete 18 months of p…

The Punjab University filed appeals against trial court judgments in suits brought by Dr. V.N. Tripathi and Shimla Devi, with the University’s Registrar acting as the appellant. The respondents contended that the Registrar lacked authority to file the appeals without a prior resolution of the Senate, leading the lower …

Birla Cement Works, a cement manufacturer, paid transport operators for carriage of its goods without deducting tax at source under Section 194C of the Income Tax Act, 1961. The Central Board of Direct Taxes (CBDT) issued a circular on 8 March 1994 extending the applicability of Section 194C to all contracts, including…

Jayalakshmi Coelho and Oswald Joseph Coelho, married under the Special Marriage Act, executed a mutual‑consent divorce agreement on 26 July 1991 that also dealt with property and child‑custody matters. Their petition for divorce sought only a decree of divorce, and the Family Court granted it without incorporating the …

The case involved two accused, Surendra Singh Rautela and Mohd. Anis, who were convicted for murder and related offences arising from a daylight shooting motivated by a ransom demand. The trial court relied on the testimony of a sole injured eyewitness, Ranjan Singh, which was corroborated by his relatives and medical …

The State of Rajasthan appealed against an arbitration award that granted the contractor, M/s Nav Bharat Construction Co., interest of 18% on delayed payments. The contractor had also obtained a district court award of 15% interest, both of which were confirmed by the Rajasthan High Court. The appellant argued that the…

The case involved Tejinder Pal Kaur, who attempted suicide after alleged dowry‑related cruelty by her husband Satvir Singh and his parents. The trial court convicted the accused under Section 116 read with Sections 306 and 304B IPC and under Section 498A IPC. On appeal, the Supreme Court held that Section 306 IPC punis…

A passenger died in a car accident on 9 April 1987. The claimants filed a suit before the Motor Accidents Claims Tribunal against the appellant (Dr. T.V. Jose), the driver and the insurer. The appellant asserted that he had transferred ownership of the car before the accident, but the transfer was never recorded in the…

The appellants, appointed as assistant teachers in a private government‑aided school, were terminated on the ground of unauthorised absence and alleged lack of approval of their appointments by the Director of Public Instructions. They challenged the termination before the Tribunal, which ordered reinstatement; the man…

The landlords (appellants) sued the tenant (respondents) for eviction under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, alleging non‑payment of rent for the six‑month period January‑June 1978. A notice of demand was served on 14 July 1978, giving the tenant until 14 August 1978 to pay. The tena…

The Supreme Court examined appeals filed by the Government of Andhra Pradesh against an Andhra Pradesh Administrative Tribunal order that directed re‑determination of seniority and promotion for non‑gazetted posts in the Commercial Tax, Revenue and Police Departments. The Tribunal had held that the State Government's 1…

The landlord filed an eviction petition against the tenant under the Delhi Rent Control Act, 1958 on the ground of illegal sub‑letting. While the petition was pending, Section 3(c) of the Act was amended (effective 1‑Dec‑1988) to exclude premises with rent above Rs 3,500 from the Act’s jurisdiction. The tenant argued t…

The appellant, Bhaskar Industries Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act before a Judicial Magistrate in Bhopal. The magistrate issued summons, and when the second accused, Bhiwani Denim and Apparels Ltd., failed to appear, he applied for exemption from personal appearance under Sec…

The appellants, owners of a 99‑year lease of non‑agricultural land, sought eviction of the lessees under Section 21(1)(h) of the Karnataka Rent Control Act, claiming a bona‑fide requirement for their own business. The trial court allowed the petition, but the district court held the lease to be perpetual and dismissed …

Jawahar Mills Ltd. and other manufacturers claimed Modvat credit for duty paid on items such as power cables, capacitors, control panels, switches and air compressors, treating them as "capital goods" under Explanation to Rule 57Q of the Central Excise Rules, 1944. The Revenue disallowed the claim, but the Customs, Exc…

An accident on 1 March 1993 involving a truck driven by Liaqat Ali resulted in three deaths. The insurer, New India Assurance Co., claimed it was not liable for third‑party compensation because the driver allegedly held a forged licence, constituting a breach of the insurance policy. The Motor Accident Claims Tribunal …

The respondents, former employees of E.I.D. Parry (I) Ltd., retired under a voluntary scheme in 1984 and received gratuity under the Payment of Gratuity Act, 1972. Because their monthly wages exceeded Rs 1,000, they were not covered by the definition of "employee" in Section 2(e) of the Central Act, and therefore could…

A petition under Sections 397 and 398 of the Companies Act, 1956 was filed by several shareholders alleging oppression and mismanagement, including the illegal removal of a director and unfair share valuation. The Company Judge found the grievance legitimate, ordered the petitioners to sell their shares at a valuation,…

The appellant, a resident adjoining a plot owned by the 5th respondent, challenged the Kerala State Government's orders granting exemption from the Kerala Municipal Building Rules, 1968 for the construction of an eight‑storeyed building. The exemption was issued despite the application not being processed through the G…

Maruti Wire Industries Pvt Ltd supplied imported tallow to Tata Oil Mills but failed to file a return of turnover under the Kerala General Sales Tax Act, 1963. The Sales Tax Officer assessed the tax, which was paid, and later demanded penal interest under Section 23(3) for the period from the due date of the return to …

The landlady, owner of Gomathi Lodge, filed eviction proceedings against several tenants seeking demolition and reconstruction of the premises under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, and later amended the petition to claim additional accommodation under Section 10(3)(c). T…

Four workmen alleged that they were employed at Ramkanali Colliery before the coal mines were nationalised on 1 May 1973 and that they were unlawfully stopped from work. The management contended that the workmen were not employees on the appointed date and that the amendment substituting Section 14 of the Coal Mines Na…

The State, represented by the Land Acquisition Officer and Mandal Revenue Officer, sought to acquire 7.35 acres of land and initially valued it at Rs 17,200 per acre. The District Court enhanced the valuation to Rs 65,762 per acre, and the Andhra Pradesh High Court further raised it to Rs 75,000 per acre, relying on ce…

The respondent, Bhabhan Singh, was elected President of a municipal council in Samrala, Punjab, but the State Government failed to publish a notification of his election as required by Section 24(2) of the Punjab Municipal Act, 1911. The Principal Secretary also issued a show‑cause notice and later a notification remov…

KanHai Mishra was convicted by the trial court and the Patna High Court for the rape and murder of Rita Kumari, based solely on six alleged circumstantial facts. The Supreme Court examined whether those circumstances satisfied the legal test that circumstantial evidence must be wholly inconsistent with the accused's in…

The respondent, an Executive Engineer in Gujarat, was suspended pending disciplinary proceedings and was compulsorily retired under Rule 161(1)(i)(aa) of the Bombay Civil Services Rules, 1959. The High Court set aside the retirement order, holding it punitive because it was passed without a completed enquiry and withou…

Criminal proceedings under the Income‑Tax Act were instituted against the respondents while appeals against the income‑tax assessments were pending before the Income‑Tax Appellate Tribunal. The respondents sought a stay of the criminal case, which was granted by the Metropolitan Magistrate, affirmed by the Sessions Cou…

The mining company Damodar Mangalji & Co. challenged a 1977 notification issued by the Government of Goa, Daman & Diu under the Employees' State Insurance Act, 1948, arguing that the Act should not apply to mining establishments because the term "mine" should be limited to the ore‑extraction site and the "appropriate G…

The landlady filed three eviction petitions against the tenant under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, alleging wilful default in rent and unauthorised sub‑letting. The tenant contended that, because an interlocutory application under Section 11 was pending, she was justified in…

The appellants, legal representatives of a deceased tenant, occupied a shop room. The landlords sought eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, claiming a bona‑fide need for the premises to be used by their daughter and son‑in‑law. The tenants contested, arguing that the …

The Supreme Court examined the murder trial of Ranbir Singh and three co‑accused, where the trial court convicted Ranbir Singh under Section 302 IPC and acquitted the others, but the High Court reversed the acquittals. The Court held that an omission in a statement under Section 161 CrPC can constitute a material contr…

The Oil and Natural Gas Commission (ONGC) supplied natural gas to several industrial respondents under contracts that expired on 31 March 1979. The respondents challenged ONGC's attempt to renew the contracts at higher rates, and the Gujarat High Court, by interim order, directed ONGC to continue supply at the existing…

The case involved the death of Minta Devi, who was allegedly burnt to death by her husband Arvind Singh and his in‑laws. The trial court convicted all four accused under Sections 304B (dowry death) and 498A (cruelty) and sentenced them to life imprisonment; the High Court set aside the conviction of three relatives und…

The Supreme Court, hearing M.C. Mehta v. Union of India, examined the failure of the Delhi government and private bus operators to meet its earlier order (28 July 1998) that the entire city bus fleet be converted to CNG by 31 March 2001 and that no bus older than eight years operate on diesel after 1 April 2000. Applic…

Syndicate Bank filed a suit in Goa to recover a loan advanced to Mr. Prabha D. Naik and others, alleging default on a promissory note. The trial court and the High Court dismissed the suit as barred by limitation, holding that the Portuguese Civil Code's Article 535 governed limitation in Goa. The Bank appealed, conten…

The Rajasthan Government, by a 1990 notification, declared medicinal and toilet preparations containing more than 20% proof alcohol to be "liquor" under the Rajasthan Excise Act and its 1989 Rules. Several manufacturers of Ayurvedic medicines challenged the notification and the Rules as beyond the State's legislative c…

Cadila Health Care Ltd. (appellant) and Cadila Pharmaceuticals Ltd. (respondent) are successor companies of the former Cadila Group, each manufacturing drugs for cerebral malaria under the brand names 'Falcigo' and 'Falcitab' respectively. The appellant sought an injunction on the ground that the similarity of the two …

The deceased A.T. Nanjappa Rao left two widows, a senior and a junior, and no issue. The senior widow adopted B.T. Shankar, the plaintiff, without the junior widow's consent. The junior widow contested the adoption, arguing that under the Hindu Adoptions and Maintenance Act, 1956 a widow must obtain the consent of a co…

Patangrao Kadam challenged the election of Prithviraj Yadav Deshmukh in a Maharashtra Assembly by‑election, alleging corrupt practices under Sections 100(1)(b), 100(1)(d)(ii), 100(1)(d)(iv) read with Section 123(4) of the Representation of People Act, 1951. The petition also named Sampatrao Chavan, a duly nominated can…

The appellant was charged under the Prevention of Corruption Act, 1988 and the IPC, and obtained a stay of trial by filing a petition under CrPC Section 482 in the Rajasthan High Court, which was used to delay the trial for seven years. The High Court dismissed the petition, and the appellant appealed to the Supreme Co…

The appellants were convicted of murder (Sec. 302 IPC) and related offences for the killing of Krishnanand Chaudhary, despite the victim's body not being produced. The appellants argued that the prosecution failed to prove the victim's death and that the lack of corpus delicti, non‑examination of the investigating offi…

The appellant, Vinitha Ashok, filed a consumer complaint alleging medical negligence after losing her uterus during a termination of pregnancy at Lakshmi Hospital. She claimed the doctors performed an unnecessary MTP without ultrasonography, used an improper cervical dilatation device, and failed to send the uterus for…

Durga Prasad Bagla executed a 1917 Will bequeathing all his estate to his third wife, Mst. Durgi, using the term "puree malik" indicating absolute ownership. After Durga's death, Durgi adopted Kanhaiya Lal, whose later suit sought possession of the property and declared Durgi's subsequent Will and settlement deed in fa…

Gurial Singh applied for a Freedom Fighters Pension under the 1972 scheme on 13 March 1973, providing various documents to prove his service in the Indian National Army. His claim was initially rejected, later a provisional pension was granted in 1998 by both the State of Punjab and the Central Government. Unsatisfied,…

The landlords (Hem Chand and others) filed a suit under the Delhi Rent Control Act, 1958 seeking eviction of tenants and sub‑tenants on the ground of unauthorised sub‑letting. Only one sub‑tenant (respondent 5) was found to have been inducted without the landlord’s written consent, while six other sub‑tenants had been …

The appellants, a central specified cooperative society, challenged the order of the Collector that set the election schedule after the final electoral roll had been published, arguing that the preparation of the voters' list was not part of the election process and therefore could not be reviewed by an election tribun…

The appellant, Tarlochan Dev Sharma, was the elected President of Rajpura Municipality and was removed under Section 22 of the Punjab Municipal Act, 1911 on the ground of "abuse of his powers" for allegedly withholding payment for a fogging machine. He contended that the machine was defective, that his decision was mad…

The State of Madhya Pradesh appealed the acquittal of Sardar, who had been convicted of murder under Section 302 read with Section 34 of the IPC. The High Court had set aside the conviction on the ground that, because two other accused had been given the benefit of doubt, Sardar should also receive the same benefit. Th…

The State of Haryana acquired about 180 acres of land for a feeder project and awarded uniform compensation rates. The High Court, relying on a single sale deed, directed the State to pay Rs.1,72,000 per acre plus an additional Rs.30,000 for "potential value". The State appealed, arguing that certified copies of other …

Ram Sahay filed a suit for declaration of ownership and possession of a shop. The defendant, Nawal Kishore, claimed an agreement to sell the shop existed, but the plaintiff objected to its exhibition on the grounds that it was unregistered and insufficiently stamped. The trial court upheld the objection, holding the do…

Mis Ispat Engineering & Foundry Works (appellant) and Mis Steel Authority of India Ltd (respondent) referred their disputes to two arbitrators, whose disagreement led to an umpire being appointed. The umpire issued a non‑speaking award directing the respondent to pay Rs 2,44,000 to the appellant, which was made a rule …

The father of a minor girl lodged an FIR alleging that three men, including the appellants, had abducted her for rape. Police investigation found only one of the alleged persons, Prem Chand, involved and framed charges against him. During the trial, after the prosecutrix’s cross‑examination began, the public prosecutor…

The Andhra Pradesh government issued circulars interpreting Entry 24‑B of the Andhra Pradesh General Sales Tax Act, 1957 to limit the concessional 2% tax rate on refined vegetable oils only to those obtained from non‑refined oils that had already been taxed under Entry 24‑A, imposing a 10% rate otherwise. The High Cour…

The dispute concerned the allotment of 15 biswas of a pond (Talab) in village Ugapur to ten members of a Scheduled Caste family for house sites under the UP Zamindari Abolition and Land Reforms Act, 1950. Objections were raised, the Additional Collector cancelled the allotment, and the Commissioner upheld the cancellat…

The Subharti K.K.B. Charitable Trust sought to establish a dental college with an annual intake of 100 students, but the Dental Council of India (DCI) recommended only 60 seats, which the Central Government accepted. The Allahabad High Court issued a mandamus directing the DCI and the Central Government to permit 100 a…

International Woolen Mills (appellant) placed an order for wool with Standard Wool (U.K.) Ltd. (respondent) which it later rejected as inferior and withheld payment. The respondent obtained an ex‑parte decree in the Central London County Court and sought execution in Ludhiana, India. The appellant filed two application…

In 1899 a deed of settlement was executed containing donations of both religious and secular character (list E). The Hindu Religious and Charitable Endowments Board, invoking Section 77 of the Hindu Religious and Charitable Endowments Act, 1927, ordered that fifty per cent of the trust's income be treated as a religiou…

The appellant claimed occupancy rights over a parcel of land under Sections 44 and 45 of the Karnataka Land Reforms Act, 1961, relying on revenue records, rent receipts and oral testimony that he had been a tenant until 1975. The Land Tribunal and the Land Reforms Appellate Authority accepted this evidence and granted …

The Secretary of a Gram Panchayat was prosecuted for offences under the IPC and the Prevention of Corruption Act. He moved the High Court under Section 482 CrPC to quash the prosecution, arguing that no sanction under Section 122 of the Kerala Panchayat Act was obtained. The High Court first dismissed the petition on 3…

In Bharat Petroleum Corporation Ltd. v. Mumbai Shramik Sangha (2001), a civil appeal arose from a Bombay High Court order concerning the scope of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970. Two learned judges of the Supreme Court expressed doubt about the correctness of the Constitution Benc…

The appellants, Indian public corporations engaged in manufacturing, imported technical drawings, designs and manuals from foreign collaborators on media such as paper and diskettes under technical collaboration agreements. The Customs Commissioner issued show‑cause notices under Section 28(1) of the Customs Act allegi…

Bharathidasan University, a full‑fledged university recognised under the UGC Act, began offering several technology programmes without obtaining prior approval from the All India Council for Technical Education (AICTE). AICTE filed a writ petition seeking to restrain the university from running those courses, arguing t…

Workmen who retired from T.I. Cycles of India claimed that incentive wages paid for extra work should be treated as "wages" under Section 2(s) of the Payment of Gratuity Act, 1972 and thus be included in the calculation of gratuity under Section 4(2). The Controlling Authority and the Madras High Court held the incenti…

The State of Madhya Pradesh appealed a Madhya Pradesh High Court order that quashed the conviction of Bhooraji and others and directed a retrial because the trial had been conducted by a specified Sessions Court without a prior committal order from a magistrate. The accused were charged under the IPC and the Scheduled …

The Supreme Court examined the AIIMS policy of reserving 33% of postgraduate seats for its own in‑house graduates and a further 50% discipline‑wise reservation, which resulted in lower‑merit candidates being allocated coveted "creamy" specialties over higher‑scoring open‑category candidates. The Court held that such in…

The case involved daily‑wage labourers employed by several Maharashtra agricultural universities who claimed permanency, wage scales, and other benefits. An industrial tribunal awarded increased daily wages and certain benefits but denied permanency; the award was not challenged. The universities, citing lack of sancti…

The Supreme Court examined an election petition filed after the 1998 parliamentary election in Sambhal, where Mulayam Singh Yadav was declared elected and Dharampal Yadav challenged the result alleging large‑scale booth capturing, arson and violence. The petition relied on a video cassette, mentioned and verified in Sc…

The appellant, P.K. Pradhan, a former Secretary of the Rural Development Department of Sikkim, and the then Chief Minister were charged under Section 120‑B IPC and the Prevention of Corruption Acts for conspiring to award rural water‑scheme contracts at low rates. The Special Judge held that no prior sanction under Sec…

The appellant, D.P. Singh, sued Jai Prakash University and others for a declaration that an order terminating his services was illegal. The suit was decreed ex parte against the college's governing body, which later became a constituent unit of the university, but the university was not impleaded. In execution, the uni…

The appellant, his brother and father were tried for murder (IPC s.302) of the appellant's wife; the trial court acquitted them after witnesses turned hostile. The Karnataka High Court, however, convicted the appellant under IPC s.304B (dowry death) and s.498A without a specific charge for s.304B. The Supreme Court exa…

The respondent challenged the election of the appellant, Tek Chand, alleging that the independent candidate Nikka Ram's nomination was improperly accepted because he was allegedly holding an office of profit and was a BJP/RSS activist whose votes allegedly cut into the respondent's tally, thereby materially affecting t…

The respondents, owners of sugar and distillery units, were levied water cess under the Water (Prevention and Control of Pollution) Cess Act, 1977 and paid it under protest. After the Supreme Court in Saraswati Sugar Mills v. Haryana State Board held that sugar industries were not covered by Entry 15 of Schedule I, the…

Oxford University Press, a branch of the UK university, claimed exemption from income tax for its 1976-77 earnings under Section 10(22) of the Income Tax Act, 1961, arguing that the income belonged to a university existing solely for educational purposes. The Income Tax Officer rejected the claim; the Commissioner (App…

The original suit sought partition of a 196‑acre property in Hydernagar village, resulting in a preliminary decree that became final and a commissioner was appointed for division. Respondents, assignees of decree‑holders, obtained possession of their shares through execution proceedings. The appellants, who claimed to …

The plaintiff entered into an agreement to purchase two plots of land, paying earnest money, but later learned that the seller lacked title to one plot (Plot B). The plaintiff sought specific performance of the contract for the remaining plot (Plot A) after relinquishing any claim to Plot B and paying the full contract…

The appellants, K.L. Mimani and others, had a 50‑year lease of land in Howrah which was requisitioned under the West Bengal Land (Requisition and Acquisition) Act, 1948. Their writ petition challenging the requisition was dismissed and an appeal was filed, but the lease expired by efflux of time during the pendency of …

The State Government detained Smt. Shaik Hasmath Beebi under Section 3 of the Andhra Pradesh Prevention of Dangerous Activities Act, 1986, and the detention was confirmed by an advisory board. The detenu applied for temporary release under Section 15 of the same Act on 27 April 2000; the application was received on 2 M…

The appellant, father of a woman allegedly murdered by her husband (respondent No.2), challenged the grant of regular bail by a Metropolitan Magistrate in a murder case (Section 302 IPC) after the accused had earlier obtained anticipatory bail for lesser offences. The High Court dismissed the revision petition without …

Lalsa Ram, a direct‑recruit Naib Tehsildar, was promoted to Deputy Collector solely on seniority. The Uttar Pradesh government later ordered his compulsory retirement under Rule 56(c) of the U.P. Fundamental Rules, relying on several adverse entries in his service record that pre‑dated his promotion. The Allahabad High…

Two probationary Munsifs, H.F. Sangati and Kittur Muthappa Hanumanthappa, were discharged from service under Rule 6(1) of the Karnataka Civil Services (Probation) Rules, 1977 on the ground of unsuitability. They challenged the discharge, arguing that the order was punitive, cast a stigma and violated the principles of …

J.K. International filed a complaint alleging criminal breach of trust and cheating, leading to an FIR and a charge‑sheet. The accused sought a writ in the Delhi High Court to quash the criminal proceedings, and the complainant applied to be impleaded as a party so that he could be heard. The High Court dismissed the a…

The respondents, shareholders of Ambassador Steamship Ltd., received 14 shares of Collis Line Ltd. for each share they held in the amalgamating company under a scheme of arrangement. They later sold 45,318 of these new shares at a profit, and the Income Tax Officer levied capital gains tax, treating the transaction as …

The Tamil Nadu Government issued a order reserving 50% of postgraduate medical seats for in‑service medical officers and the remaining 50% for non‑service (private) candidates, each category being filled on inter‑se merit within that group. In‑service candidates challenged the scheme, arguing that the reservation shoul…

Krishna was appointed a trustee of the Nagpur Improvement Trust for a five‑year term under Section 4(1)(e) of the Nagpur Improvement Trust Act, 1936. The State Government removed him before the term expired by invoking Section 6 of the Act. Krishna challenged the removal, arguing that the removal should follow the proc…

Kamaleshwar Kishore Singh filed a partition suit valued at Rs 16 lakhs and paid a fixed court fee of Rs 29.25, assuming it was a simple partition case. Defendant No. 20 objected, leading the trial court to order payment of ad‑valorem court fee on 10% of the sale‑deed value of certain properties. The defendant later cla…

The petitioners challenged the constitutional validity of Section SA (also referred to as Section 8A) of the Salaries, Allowances and Pension of Members of Parliament Act, 1954, which provides a pension to former Members of Parliament. They argued that Article 106 of the Constitution only authorises salaries and allowa…

The Bharat Bhawan Trust, a statutory body created to promote art and culture, engaged a group of artists for drama production and theatre management. The artists later raised a dispute before the Labour Court, to which the Trust objected on the preliminary ground that it was not an "industry" and the artists were not "…

Jaypee Rewa Cement, a cement manufacturer, used explosives to mine limestone, an essential raw material. The explosives attracted excise duty, and the company claimed credit for this duty under Rule 57‑A of the Central Excise Rules, arguing that the explosives were inputs used in relation to the manufacture of the fina…

The appellant, convicted of murder and sentenced to life imprisonment, filed an appeal that remained pending in the Madhya Pradesh High Court for many years without being listed for hearing. The High Court rejected her bail application, prompting a petition before the Supreme Court. The Court held that speedy trial is …

Ugar Sugar Works Ltd., a manufacturer of Indian Made Foreign Liquor, challenged a Delhi Administration notification issued under the Punjab Excise Act, 1914 and Delhi Liquor Licence Rules, 1976 that imposed Minimum Sales Figures (MSF) as a condition for obtaining an L‑1 licence for the excise year 2000‑2001. The petiti…

The Board of Management of H.S.I. Said Mosque (landlord) sought to evict tenant Kandaswamy from a vacant plot in Bangalore under Section 21(1)(i) of the Karnataka Rent Control Act, 1961, claiming the land was needed for a new building. The trial court initially granted eviction, but the Karnataka High Court set aside t…

Bipin S. Panchal was arrested under the Narcotic Drugs and Psychotropic Substances Act for a massive seizure of methaqualone tablets. The trial court failed to complete the trial within the six‑month period ordered by this Court, leading the Directorate of Revenue Intelligence to seek a further six‑month extension. Whi…

The appellant issued a cheque drawn on State Bank of Indore which was presented by the respondent to its own bank and later to a collecting bank, but the cheque reached the drawer's bank after the six‑month period prescribed under the proviso to Section 138 of the Negotiable Instruments Act, 1881. A criminal complaint …

The appellants, contractors licensed to vend arrack, challenged the Kerala government's demand for excise duty on a designated quantum of rectified spirit, arguing that the duty was unconstitutional, arbitrary and payable only on spirit actually imported. The State had amended Rule 8 of the Kerala Abkari Shops (Disposa…

A Hindu male governed by the Dayabhaga school died intestate, leaving his widow and two daughters. The widow and daughters entered into an agreement to form a Hindu Undivided Family (HUF) and the widow contributed her share of the inherited property to the HUF, omitting the income from her tax returns for AY 1974-75 an…

The appellant, Balkrishan, purchased agricultural land in 1960 that was under attachment and later auctioned to a minor son of Mohan Singh. Rajendra Singh, the minor's predecessor, filed an application under Section 250 of the Madhya Pradesh Land Revenue Code seeking restoration of possession, and the Tehsildar ordered…

The respondent, a bus conductor with the Karnataka State Road Transport Corporation, was found in a domestic inquiry to have issued tickets of Rs 1.75 instead of the correct fare of Rs 2.25 for 35 passengers, thereby short‑charging each passenger. He was dismissed, but the Labour Court set aside the dismissal, holding …

The appellant, a beneficiary of an enhanced compensation award in a land‑acquisition case, was found by the reference court to have used forged documents and was directed to be prosecuted under Section 340 of the Criminal Procedure Code, 1973. He appealed to the High Court under Section 341, contending that the referen…

The State of Bihar and others entered into a contract with Jain Plastics & Chemicals Ltd. for the supply of PVC pipes and fittings, but the company delayed delivery, leading the appellants to terminate the contract and procure the fittings at a higher price. The appellants deducted the additional cost from the final pa…

The Supreme Court examined whether J. Jayalalithaa, convicted under the Prevention of Corruption Act and sentenced to three years' rigorous imprisonment, could be appointed Chief Minister of Tamil Nadu after her party won a majority. The Court held that a person convicted and sentenced to imprisonment of two years or m…

The landlord filed an eviction petition under Sections 14(1)(b), (d) and (e) of the Delhi Rent Control Act, 1958 against a tenant and his sub‑tenant, who had been in possession since before 9 June 1952 without the landlord's written consent and without serving the notice required by Section 17(2). The Rent Controller, …

The appellant, a partnership firm, filed its 1986-87 return showing a total income of Rs.6,76,890, but the Assessing Officer added Rs.93,000 as unexplained investment after noting that certain rice purchase transactions were not entered in the books on the correct dates. The assessee explained that cash shortages force…

The appellant claimed a right of pre-emption under Section 16(3) of the Bihar Land Reforms Act, 1961 after a sale deed was registered on 30 January 1988. He filed an application on 30 April 1988, seeking to have the land transferred to him. The issue before the Supreme Court was whether this application was filed withi…

The Uttar Pradesh government imposed administrative charges on molasses sold by sugar factories under Section 8(4) of the Uttar Pradesh Sheera Niyantran Adhiniyam, 1964. The Commissioner of Central Excise held that these charges should be included in the assessable value of molasses under the Central Excise Act, 1944, …

Assam Company Ltd. and another were engaged in cultivation, manufacture and sale of tea, a composite income taxable under both the Central Income Tax Act, 1961 and the Assam Agricultural Income Tax Act, 1939. The State Agricultural Income Tax Officer refused to accept the agricultural income computation made by the Cen…

The appellants filed a suit for partition and rendition of accounts which was decreed by the lower appellate court. The Punjab and Haryana High Court entertained a second appeal under Section 41 of the Punjab Courts Act, 1918, set aside the decree, and did so without framing a substantial question of law as required by…

The employer (Raja Ram Maize Products) directed workmen to resume duties after a strike, but refused to let them work. The workmen filed applications under the Madhya Pradesh Industrial Relations Act seeking a direction to be allowed to resume work and claim wages. The employer contended that the cause of action arose …

The workmen of a coking coal colliery were retrenched in June 1971 before the mine was taken over by the Central Government and nationalised under the Coking Coal Mines (Nationalisation) Act, 1972. After nationalisation, the new management, Bharat Coking Coal Ltd., refused to re‑employ the 111 retrenched workers. The I…

The Bihar Government’s 1995 Industrial Policy, under Section 78‑A of the Electricity Supply Act, 1948, granted exemption from minimum guarantee charges to new industrial units with a connected load up to 500 kVA. The Bihar State Electricity Board (BSEB) issued a resolution to implement this exemption but later refused …

V.S. Mallimath, a retired Chief Justice of the Kerala High Court, was appointed Chairman of the Central Administrative Tribunal and later a Member of the National Human Rights Commission (NHRC) until he turned 70. He challenged three deductions: the deduction of his judicial pension from his NHRC salary under Rule 3(b)…

The appellant, a clerk of a District Cooperative Bank, was dismissed without a charge‑sheet, show‑cause notice or hearing. He filed a suit seeking a declaration that the dismissal was illegal and that he should be reinstated with consequential benefits. The lower appellate court held the dismissal void for violation of…

Bharat Coking Coal Ltd. awarded two construction contracts to L.K. Ahuja & Co. which later led to disputes and were referred to a sole arbitrator, M.P. Sharma, a former officer of the employer. The arbitrator issued hybrid awards that largely relied on joint statements but decided only the material‑escalation claim, le…

The appellants were selected by the Bihar Public Service Commission as Motor Vehicle Inspectors under recruitment rules that required specific technical qualifications and years of practical experience. Several writ petitions challenged their appointments on the ground that the candidates lacked the requisite experienc…

The Society of St. Joseph's College, a religious minority educational institution, owned a building that the State sought to acquire under the Land Acquisition Act, 1894. The college filed a writ petition under Article 32 seeking a declaration that Article 30(1A) of the Constitution bars the application of the general …

The landlord, G.C. Kapoor, let a premises to a tenant when his son Rohit was a minor. After Rohit obtained a post‑graduate diploma in computer science, the landlord filed an eviction petition under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bon…

The appellant Madhegowda purchased the share of a minor, Sakamma, in a property from her sister Madamma, who acted as a de facto guardian, in 1961. After attaining majority, Sakamma sold the same share to Ankegowda in 1967, leading to a suit for declaration of title, partition and possession. The trial court and first …

The owners of the vessel M.V. Baltic Confidence and the charterer (respondent No.2) issued five bills of lading that incorporated the terms of their time‑charter party, including an arbitration clause. The holder of the bills of lading (respondent No.1) sued them in admiralty court for negligence and breach of carriage…

Vedabai filed an appeal against a trial court order but missed the prescribed period by seven days, citing illness as the reason. The Additional District Judge dismissed her application for condonation of delay, and the Bombay High Court upheld that dismissal. The Supreme Court examined whether a short delay of a few d…

The appellants, graduate laboratory assistants employed in non‑government colleges, performed teaching functions but were re‑designated as non‑teaching staff and paid the Group B pay scale of Rs 1390‑2970. They sought a writ directing that they be treated as teachers and receive the pay scale of physical instructors (R…

Atul Castings Ltd., the tenant, occupied a building leased for residential purposes and kept an office table and equipment in one room to dispose of office files, which the family also used for study. The landlord filed an eviction petition under Section 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, 1949,…

The respondents filed a declaratory suit claiming joint ownership of the suit property and seeking to declare certain gift and sale deeds ineffective. The trial court dismissed the suit on the grounds of limitation and that a prior decree (O.S. No. 93/71) operated as res judicata against Defendant No. 1 only, despite s…

In a marriage governed by the Hindu Marriage Act, the wife obtained a decree of judicial separation on the ground of the husband's adultery, and the husband was ordered to pay maintenance to his wife and daughter, which he failed to do. The husband later filed a petition for divorce under Section 13(1‑A) claiming that …

The respondents, appointed as Kurk Amins on commission basis by District Magistrates/Collectors of Uttar Pradesh, were tasked with recovering outstanding dues of cooperative societies. The State of Uttar Pradesh contended that such Kurk Amins, being appointed under a scheme of the Registrar of Cooperative Societies, we…

In 1988 a terrorist attack on Dr. Harnam Singh's house in Kurukshetra resulted in four deaths and several injuries. Fourteen accused, including Daya Singh, were tried under the Terrorist and Disruptive Activities (Prevention) Act and the IPC for murder and attempted murder. The trial court convicted Daya Singh on the b…

The insured, Yash Paul Malhotra, entered into a motor insurance contract on 21‑12‑1993, gave a cheque for the first premium and received a cover note. He died in a road accident on 31‑12‑1993, and the insurer discovered that the cheque had bounced on 10‑01‑1994, cancelling the policy on 20‑01‑1994. The legal heirs clai…

The State of Tamil Nadu appealed against a Madras High Court order that had quashed a preventive detention order issued on 2 August 1999 against Baskar and three others. The High Court had held the detention order vague because it allegedly did not specify the exact overt act attributable to each accused. The Supreme C…

The State of Tamil Nadu issued a preventive detention order against Balasubramaniam in 1999. The Madras High Court, hearing a habeas corpus petition under Articles 226 and 21 of the Constitution, quashed the order on the ground that the sponsoring authority’s affidavit mentioned six cases while the detention order refe…

The appellant's land was acquired under the Land Acquisition Act, 1894. A notification under s.4 was last published on 30‑Jan‑1986 and a declaration under s.6 was made on 29‑Jan‑1987, with its first newspaper publication on 30‑Jan‑1987 and later publication in the Official Gazette on 19‑Mar‑1987. The appellant contende…

The Supreme Court examined appeals against the Delhi High Court’s cancellation of petrol pump, LPG and SKO dealership allotments made by the Minister of Petroleum under a discretionary quota. The Court held that the 1995 Supreme Court guidelines did not tacitly approve prior allotments, and that the principle of constr…

The State of Delhi appealed the acquittal of Dharampal, who had been convicted under the Prevention of Food Adulteration Act for selling adulterated "lal mirch kutti". The Sessions Judge had set aside the conviction on the ground that the contents of the Central Food Laboratory certificate were not read out to the accu…

An FIR under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 was filed in 1991 and a complaint was lodged before a Judicial Magistrate on 13‑01‑1992. After a series of revisions and a long period of inactivity—largely caused by the accused’s own challenges and absence—the case remained pending for mor…

The appellant entered into a sale agreement for land where time was not stipulated as the essence. When the respondent failed to execute the sale deed, the appellant sued for specific performance. The trial court and the first appellate court both held that time was not essential, the appellant was ready to perform, an…

The State of Punjab issued two separate advertisements for 700 Panchayat Secretary posts, one for male candidates (18‑Sept‑1997) and another for female candidates (19‑Sept‑1998), both fixing 1‑Sept‑1997 as the cut‑off date for satisfying the age eligibility of 18 to 35 years as prescribed by Rule 5 of the Punjab Pancha…

The appellant Rajinder Prasad filed applications before a Judicial Magistrate to add offence under Section 395 IPC and to implead four additional accused. The magistrate, invoking Chapter XIV of the Cr.P.C., allowed the applications and committed the case to the Sessions Court, which framed charges including Section 39…

Neyveli Lignite Corporation Ltd., a fertilizer manufacturer, received a government subsidy under the Retention Price Scheme, which compensated the difference between the retention price and the maximum price fixed by the Fertilizer (Control) Order. The Tamil Nadu tax authority treated the subsidy as part of the company…

The Supreme Court examined whether the solatium amount under Section 23(2) of the Land Acquisition Act, 1894 forms part of the compensation for which interest under Sections 28 and 34 must be paid. The Court noted that the Collector is statutorily obliged to pay the entire amount awarded under Section 23, which include…

Shibu Soren was elected to the Rajya Sabha while serving as Chairman of the Interim Jharkhand Area Autonomous Council (JAAC). A defeated candidate, Dayanand Sahay, challenged the election on the ground that Soren held an "office of profit" under the State Government, rendering him disqualified under Article 102(1)(a) o…