Judgments of 2002

The Supreme Court considered an appeal by the heirs of a deceased tenant (the appellants) against an eviction decree. The landlords had terminated the tenancy and sued for eviction, rent, damages and mesne profits. After the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 came into force, the a…

The landlord, Savitri Sahay, filed an eviction suit under the Bihar Buildings (Lease, Rent and Eviction) Act, 1982, claiming a bona‑fide requirement for a ground‑floor flat that was contiguous to her ancestral house and faced an open piece of land. During the pendency of the suit three other flats in the same building …

The landlord let a shop with a verandah to the tenant, who later enclosed the verandah and installed a rolling shutter without the landlord's consent. The landlord sought eviction under Section 13(2)(iii) of the East Punjab Urban Rent Restriction Act, 1949, alleging that the alteration materially impaired the shop's va…

The appellant Dhananjay Shanker Shetty was convicted under Section 302 read with Section 34 of the IPC for the murder of Uday Patole. The prosecution relied on police constables who claimed to have seen the accused and his companions fleeing with weapons and on a telephonic message to the police station, but the accuse…

Kusum Lata applied for admission to a Diploma in Education in Haryana and qualified the entrance test. The authorities later denied her admission, claiming she did not achieve the required 50% aggregate in her CBSE 10+2 results because the aggregate was calculated over six subjects, including an optional sixth subject.…

The Supreme Court considered an interlocutory application filed by a wildlife trustee seeking an injunction to stop mining by Kudremukh Iron Ore Co. Ltd. in Kudremukh National Park, a area declared a national park under the Wildlife Protection Act. The company argued that its mining lease, expiring on 24‑07‑1999, could…

The appellants were convicted for the murder of a lorry driver and cleaner based solely on circumstantial evidence, including their alleged involvement in a road accident, medical treatment for injuries, recovery of a wrist‑watch belonging to the deceased, fertilizer bags and a blood‑stained wooden weapon, and their fa…

Rabindra Nath Ghosal appeared for an M.A. examination in 1984 but his result was not declared for several years. He later pursued another course, wrote to the University, and filed a writ petition for mandamus to compel publication of his result, which was eventually declared (he had failed). A single High Court judge …

The appellant, Nirmala Anand, entered into a 1966 agreement to purchase a flat for Rs.60,000, paying Rs.35,000 before the seller's lease was cancelled, leaving the building incomplete. She sued for specific performance, but the High Court denied it and awarded damages; the Division Bench affirmed. On appeal, the Suprem…

The accused Subash Chandra Panda, Kunja Ramana, Narayan Mazumdar and Kalpana Mazumdar were convicted for kidnapping and murdering a four‑year‑old boy allegedly as a human sacrifice. The prosecution’s case rested mainly on the testimony of PW‑14, an employee of Panda, who claimed to have witnessed the entire crime, and …

The Rajasthan Panchayati Raj Rules, 1996 (Rule 273) allowed a 10% bonus for state residents, another 10% for district residents and 5% for rural‑area residents in the merit list for Gram Sewak and Panchayat Secretary posts. Writ petitions challenged this as violative of Articles 14 and 16 of the Constitution. The Rajas…

The Supreme Court examined a 1998 circular issued under the Rajasthan Panchayati Raj Rules that granted 10% bonus marks to district residents and 5% to rural‑area residents in the selection of primary‑school teachers. Unsuccessful candidates challenged the circular, arguing it violated Articles 14 and 16 of the Constit…

Ravinder Singh was convicted under the Terrorist and Disruptive Activities (Prevention) Act, 1987, the IPC, the Explosive Substances Act and the Arms Act for robbery, killing police officers and a train bomb blast that killed 12 and injured 65. The conviction rested on his voluntary confessional statement recorded unde…

The plaintiff obtained an ex‑parte decree against the Charge Chrome Division of Orissa Mining Corporation before the division was taken over by the State of Orissa under the 1991 Ordinance. The State, not being impleaded, objected to execution of the decree on the ground that the decree was not binding on it. The Court…

The Supreme Court examined whether an order by the Chief Justice of India (or his designate) under Section 11 of the Arbitration and Conciliation Act, 1996, appointing an arbitrator, is an adjudicatory order that can be challenged by a petition for special leave under Article 136 of the Constitution. The Court held tha…

The plaintiffs, owners of a plot of land, leased it to the respondents who built a commercial complex and sub-let the shops. After the respondents defaulted on lease premium, the plaintiffs sued for arrears and eviction. The trial court decreed actual possession against the respondents and only symbolic possession agai…

The case concerned a permanent mulgeni lease of about 40 cents of land granted in 1903 with an express clause prohibiting the lessee from alienating the whole leasehold property, but without any clause restricting partial alienation. After the lessee's death, the leasehold was partitioned among heirs and portions were …

The landlord sought eviction of the tenant under Section 14(1)(b) of the Tamil Nadu Building (Lease and Rent Control) Act, 1960, claiming a bona‑fide need to demolish and rebuild the premises for better financial returns. The Rent Controller and the Appellate Authority rejected the petition, holding that the landlord m…

Advocate Vikas Deshpande approached three prisoners sentenced to death, promised to represent them free of charge, and obtained their signatures on a vakalatnama and on stamp papers without explaining the contents. He later claimed a power of attorney to sell their land, sold part of it, and appropriated the proceeds a…

The Supreme Court dealt with a suit for specific performance of a contract to sell immovable land where the plaint failed to give a precise description of the property and no map was annexed. The trial court decreed specific performance, but the decree did not identify the land, leading to execution difficulties, inclu…

Ram Prasad Sarma, who lost the 1999 Lok Sabha election for Tezpur to Mani Kumar Subba, filed an election petition alleging booth‑capturing and rigging. The respondent moved to dismiss the petition under Section 86(1) on three grounds: the petition was filed beyond the 45‑day limitation, a candidate (Abu Khayer) was not…

While on patrol at a bus stand in Upleta, police observed the accused flee upon seeing them, intercepted him, and searched him in the presence of two Panchas, discovering about 12 grams of charas. The accused was convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and the conviction was affirmed b…

The respondent, a helper employed from 1 July 1990 to 26 February 1991, was terminated for unsatisfactory work. Section 25F of the Industrial Disputes Act, 1947 protects a workman only if he has completed at least 240 days of service in the preceding 12 months. The Labour Court held that the workman had worked only 219…

Epoch Enterprises entered into a charter agreement, evidenced by a fixture note, with the disponent owner of the vessel M.V. Won Fu to export feldspar. The vessel failed to load the cargo, prompting Epoch to sue in rem in the Admiralty jurisdiction of the Madras High Court for arrest of the ship and damages. The trial …

The petitioners, who were daily‑wage/N.M.R. workers in various Orissa government projects, filed writ petitions seeking regularisation of their services and equal pay with regular staff on the ground that they performed the same duties, invoking Article 14 of the Constitution. The Orissa High Court allowed the petition…

Northern Indian Glass Industries obtained land in Haryana for a glass factory under the Land Acquisition Act, 1894. After the award and payment of compensation in 1974, the landowners sought enhanced compensation, which was granted by the High Court in 1988. Seventeen years later, the landowners filed a writ petition c…

The case involved eight accused who allegedly shot two men, Ratan and Ramesh, and burned their bodies on a funeral pyre in retaliation for the murder of Ishwar Chand. The trial court convicted six of the accused under Sections 302, 149 and 201 of the IPC, while acquitting two; the High Court later reduced the convictio…

The respondent, Manohar Lal, was convicted under the Prevention of Food Adulteration Act, 1954 and sentenced to one year of simple imprisonment plus a fine. The trial court and the First Appellate Court upheld the conviction and sentence, holding that the power to commute under Section 433(d) of the Code of Criminal Pr…

The Railway invited tenders for supplying and stacking ballast. The appellant submitted a tender that included a letter offering a rebate of 5%, 3% or 2% if the contract was finalized within 45, 60 or 75 days respectively. Respondent No.5 submitted a later tender with a lower rate but without such a rebate. The Railway…

The appellant (defendant) challenged the High Court’s decision that the plaintiffs were entitled to exclusion of the period between the withdrawal of an earlier suit and the filing of a fresh suit under Section 14 of the Limitation Act. The earlier suit had been withdrawn with the court’s permission under Order XXIII R…

The State of West Bengal issued a 1969 notification that volunteers of the West Bengal National Volunteer Force would be deployed for a maximum of three months at a stretch, after which a fresh batch would be called up, creating a rotational system. A group of volunteers challenged the circular, arguing that it was arb…

The appellant, P. John Chandy & Co., was the tenant of premises originally let in 1949 and had sub-let the property on several occasions, including after the Kerala Buildings (Lease and Rent Control) Act, 1965 came into force. The landlord, John P. Thomas, sought eviction under Section 11(4)(i) of the Act, alleging sub…

The appellant, Ram Narayan Sharma, applied for allotment of a vacant premises under Section 16(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlord died, his heirs were substituted, and an allotment order was made, allowing the appellant to take possession. The h…

The deceased Ramanand Mahto was attacked by a mob of 10‑15 persons who pulled him from his scooter, severed his head with sharp weapons and dragged his trunk to a pond. Police arrived within fifteen minutes and recorded statements of eye‑witnesses, including the nephew of the deceased, whose FIR named some but not all …

Law Assistants and Chief Law Assistants claimed they were designated as Presenting Officers under Section 19(2) of the Railway Claims Tribunal Act, 1987 and sought parity in pay with Junior Administrative Grade Presenting Officers (Group B). The Central Administrative Tribunal held that they were authorised to act as P…

The Supreme Court examined appeals by Tata Iron and Steel Co. Ltd. and others challenging the West Bengal Multi-Storeyed Buildings Tax Act, 1979 on the ground that it violated Article 14 by discriminating between owners of multi‑storeyed buildings based on the portion of the building taxed. The appellants argued that t…

Shree Gajanan Maharaj Sansthan, a charitable trust, filed a writ petition under Article 32 seeking a mandamus directing the Union of India to fix a date for bringing Section 2(c) of the Industrial Disputes (Amendment) Act, 1982 into force, which would exclude charitable organisations from the definition of "industry". …

The Kendriya Vidyalaya Sangathan advertised for twelve Lower Division Clerk posts and the Assistant Commissioner, Dr. K.C. Rakesh, issued appointment orders on 13-15 December 1997 even though his services had been terminated on 11 December 1997, albeit he was temporarily allowed to continue under an interim High Court …

The Supreme Court examined the 1993 Department of Personnel and Training scheme that confers "temporary" status on casual labourers. It held that the scheme is a one‑time programme applicable only to those who were employed on the scheme's commencement date and who have completed at least one year of continuous service…

Former judge Kuldip Singh filed a writ petition under Article 32 challenging the lower pension granted to judges appointed directly from the Bar, contending that the Constitution provides no quota for such appointments and that pension benefits should be uniform with those appointed from the judicial services. The peti…

The case concerned the appointment of G.N. Nayak as Professor of Marine Science at Goa University. Two advertisements (1994 and 1995) prescribed minimum qualifications, including ten years of teaching or research experience, and the 1995 notice altered the additional qualifications. The respondent (a fellow applicant) …

The appellant claimed title to a two‑acre parcel of land in Hyderabad based on an unregistered 1954 perpetual lease and a later registered lease, asserting that he had acquired ownership by adverse possession. The State of Andhra Pradesh, asserting that the land was Government property, invoked the Andhra Pradesh Land …

The appellants, owners of a house in Solan, had allowed their uncle Bhagwan Dass to occupy the property as a licensee. Bhagwan Dass later claimed that the appellants had agreed to sell him half of the property and that, under Section 53-A of the Transfer of Property Act, he could retain possession in part performance o…

The case concerned a Platinum Jubilee Pension Scheme introduced by ITC Ltd., whose eligibility was limited to employees retiring on or after 24‑August‑1986 as per a settlement reached under Section 12(3) of the Industrial Disputes Act during conciliation proceedings. Retired workers who left before that date challenged…

The North‑Eastern Tobacco Co. Ltd, after closing its earlier cigarette unit at Bangagarh under a disinvestment agreement, set up a new manufacturing unit at the Export Promotion Industrial Park in Amingaon in 1999 and sought exemption from central excise duty under the Exemption Notification dated 08‑07‑1999. The Centr…

The Supreme Court examined whether the three‑month payment period prescribed in Section 67(1) of the Voluntary Disclosure of Income Scheme, 1997 could be extended. The Court held that the word "shall" makes the deadline mandatory and that Section 67(2) expressly deems a declaration invalid if payment is not made within…

The President referred three questions to the Supreme Court concerning the interplay of Article 174(1) (which mandates that six months shall not intervene between the last sitting of a state legislature and its next session) and Article 324 (which vests the Election Commission with the superintendence, direction and co…

The appellants, Subramani and four others, were charged with murder, grievous hurt and criminal trespass after a violent clash over a disputed plot of land they had cultivated for over 50 years. The prosecution alleged that the deceased, a purchaser of the land, and his family attempted to plough the field, were assaul…

The appellants, Ayyub and Abdul Jabbar, were convicted by a Designated TADA Court for throwing bombs at a police picket, causing one death and several injuries, and were sentenced under the Terrorist and Disruptive Activities (Prevention) Act (TADA), the Indian Penal Code and the Prevention of Damage to Property Act. A…

Mangalore University employees at Konaje were receiving House Rent Allowance (HRA) and City Compensatory Allowance (CCA) at rates applicable to a ‘C’ class city, although the campus lay in an ‘E’ class area. The Karnataka Government ordered the withdrawal of these allowances from 1‑April‑1994 and directed recovery of e…

The appellant, Harshavardhan Chokkani, had a lease from the original landlady to occupy a shop and was permitted to run a partnership business. After the landlady sold the premises, she attorned the tenancy of the partnership firm, Brij Mohan Chokkani & Sons, to the purchasers, who thereafter received rent from the fir…

The appellant, a tenant, filed a suit for injunction against the respondent landlord. The landlord filed a counter‑claim under Order VIII, Rule 6 of the CPC invoking Section 12(1)(e) of the Madhya Pradesh Accommodation Control Act, seeking eviction on the ground of bona‑fide personal requirement. The trial court and th…

The Haryana Financial Corporation (HFC) granted a loan of Rs 7.48 lakh to Jagdamba Oil Mills under the State Financial Corporation Act, 1951, to be repaid in instalments. The borrower repeatedly defaulted despite two reschedulings, prompting HFC to recall the loan under Section 30 and take possession of the unit under …

The case involved a second appeal filed by the heirs of Balla Ram against the heirs of Phoola. The Punjab and Haryana High Court dismissed the appeal summarily, stating “No merit”, without examining whether any substantial question of law existed between the parties as required by Section 100(3) of the Code of Civil Pr…

The appellants filed a second appeal under Section 100 of the Code of Civil Procedure, challenging the Madhya Pradesh High Court's reversal of the trial and first appellate courts' findings of fact. The High Court failed to state any substantial question of law in its memorandum of appeal or judgment, yet entertained t…

The Jalandhar Improvement Trust appealed against a High Court order that dismissed its writ challenging the Land Acquisition Collector's decision to grant enhanced compensation to a mother (the fourth respondent) under Section 28A of the Land Acquisition Act, 1894. The land had been acquired in 1978 and a reference und…

The Central Excise Commissioners issued show‑cause notices to Apollo Tyres Ltd. and its directors/officers for alleged duty evasion and imposed penalties. Both the company and the officers appealed before the Customs, Excise and Gold (Control) Appellate Tribunal, and while the appeals were pending, the Kar Vivad Samadh…

The appellant landlord filed an ejectment suit under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for non‑payment of rent. The trial court dismissed the suit, holding that the lease was entered into in contravention of the Act and therefore void. The Allahabad High Court Full B…

Twenty-two persons were charged with forming an unlawful assembly with the alleged common object of murdering Vithal, injuring his brother Bhimrao, and damaging property. The trial court convicted most of them under Section 302 read with Section 149 and Section 440 read with Section 149 of the IPC, while a few were als…

The appellant was convicted on the basis of the deceased's dying declaration, which was recorded by a judicial magistrate and supported only by a doctor's certificate that the patient was conscious, not that she was of sound mind. The appellant challenged the reliability of the declaration, citing Paparambaka Rosamma (…

The appellants conspired to rob Hazi Mohd. Yakub and, when he resisted, three of them stabbed him repeatedly with knives, causing his death and stealing cash and drafts. The trial court convicted them of culpable homicide not amounting to murder under Section 304 Part I IPC, but the Andhra Pradesh High Court altered th…

The Centre for Development of Advanced Computing (C‑DAC), a research and development unit, imported certain goods without paying customs duty based on its status as a research organization. It later manufactured and supplied equipment to customers, and the Central Excise Department sought to levy excise duty on those g…

Harisingh M. Vasava was charged with murder under IPC 302 for killing a woman who lived with him as his wife. The crime occurred in the house of the complainant, who was a tenant of the deceased and witnessed the attack. The trial court acquitted the accused, holding that the prosecution failed to link him to the crime…

The appellants were appointed as permanent civil servants of the Jammu & Kashmir State before 1963 and were posted in industrial units. After the incorporation of Jammu & Kashmir Industries Ltd., the Governor issued an instruction entrusting those units to the company, but the appellants continued to work in the same p…

The case arose from a partition suit involving 116 acres of land where, during the pendency of a first appeal, several appellants died. Substitution applications were filed after delays of 130 days, three years, and five years. The Patna High Court refused to condone the delay and set aside the abatement, holding that …

The case concerned the appointment of K. Shekar as Lecturer and later Assistant Professor at NIMHANS after an initial temporary appointment in the ICMR Centre. The selection committee appointed him to a lower post that had not been advertised, and a subsequent corrigendum converted the temporary post into a permanent o…

M/s. Maruti Udyog Ltd., a motor‑vehicle manufacturer, sold waste and scrap of aluminium and iron‑steel and claimed that no excise duty was payable on such sales. The Commissioner of Central Excise raised a demand for excise duty, which the company contested. The Customs, Excise and Gold (Control) Appellate Tribunal hel…

I.T.C. Ltd. classified the 'slides' of cigarette packets under heading 4818.19 with nil duty, but the Revenue issued a show‑cause notice to reclassify them under heading 4818.90. The appellant raised the plea that 'slides' (and later 'slits') were not excisable goods only at the appellate stage, and the Collector (Appe…

ShriKant Anandrao Bhosale, a police constable, was convicted of murdering his wife by striking her with a grinding stone during a quarrel and sentenced to life imprisonment. He appealed, claiming he was suffering from paranoid schizophrenia at the time of the offence and thus entitled to the benefit of Section 84 of th…

The case involves the murder of eight members of two families in Punjab over a land dispute, for which Bachhitar Singh and two co‑accused were convicted under IPC sections 302, 460 and the Arms Act. The sole eye‑witness, Joginder Singh (PW‑3), testified that he saw the accused entering the victims' house and heard guns…

The Supreme Court examined whether the provisions of the Land Acquisition Act, 1894 (especially sections 6, 23(1‑A), 23(2) and 28) were incorporated into three State Acts – the Punjab Town Improvement Act, the Nagpur Improvement Trust Act and the Uttar Pradesh Awas Evam Vikas Parishad Act – or merely referred to. It he…

The Customs Department appointed an inspector under the sports quota despite the appellant failing the field test, while a qualified respondent was not selected. The appellant challenged the appointment before the Central Administrative Tribunal, which quashed his appointment and directed a merit-based selection, leadi…

Dr. Narayan Warman Nerukar was charged under Sections 3 and 5 of the Official Secrets Act, 1923 and Section 120‑B IPC. After a prolonged trial, he invoked Section 482 of the CrPC to have the proceedings quashed on the ground of delay. The Delhi High Court quashed the case, holding that the right to a speedy trial had b…

The Tamil Nadu Government, under its excise policy for Indian‑made foreign liquor, allowed existing retail licence holders to renew their licences. In 2002 it issued new orders abolishing renewal and directing a fresh draw of lots for all 7,000 shops, increasing privilege fees and re‑categorising shops. Existing licenc…

The appellant, a Senior Foreman in the Maharashtra State Road Transport Corporation (MSRTC), was temporarily promoted to Depot Manager (A) on 5 September 1994 with a condition that he would be reverted to his original post upon the availability of a direct‑sector candidate. After being considered several times by the D…

The landlord filed an eviction petition under the East Punjab Urban Rent Restriction Act, 1949, alleging the tenants defaulted on rent of Rs 2000 per month as stipulated in the lease. The tenants contended that the rent was actually Rs 1800 per month, a rate they had been directed to deposit during a parallel partition…

The petitioners, post‑doctoral research associates appointed under UGC or CSIR schemes, sought continuation of their appointments beyond the fixed tenure, arguing that the schemes implied permanency and that their termination violated their rights. The respondents contended that the schemes were merely temporary, socia…

The State of Karnataka appointed certain teachers on a one‑year contract under the 1983 Special Recruitment Rules, paying them a salary lower than the minimum pay‑scale and expressly stating that their service would not count for future government service. After regular recruitment, these contract teachers were absorbe…

The Supreme Court examined the cancellation of District Selection Committee written examinations in Anantapur district after a police report detailed massive irregularities, and the subsequent fresh examinations and results. It held that the State Government was justified in cancelling the exams and that the High Court…

Dr. R.R. Patil, the principal of a college run by K.L.E. Society, applied twice for voluntary retirement, first on 2 December 1994 without specifying a retirement date and again on 5 July 1995. The Society’s Board of Management accepted his second application on 20 July 1995, without the three‑month notice period requi…

The appellants were selected for Assistant Grade‑II posts at the University of Calicut and placed on a rank list prepared in October 1995. The University later curtailed the list’s validity to two years and cancelled it, citing a statutory ban on appointments under the Pre‑Degree Course (Abolition) Act, the creation of…

The appellant, a long‑time tenant, was forcibly evicted by the respondent landlord while an eviction suit was pending. The appellant filed a criminal complaint and, within six months, instituted a suit for restoration of possession under Section 6 of the Specific Relief Act, 1963. The trial court dismissed the suit; th…

The appellant, V. Muthusami (deceased), sued for specific performance of a sale agreement concerning a suit land, asserting that Angammal, a widow, had full ownership of the land. The court examined whether Angammal possessed a pre‑existing right of maintenance under Hindu law, which would give her legal possession of …

The State of Karnataka auctioned the right to retail vend arrack and declared Saveen Kumar Shetty the highest bidder. He deposited the required amount under Rule 13 but failed to furnish security under Rule 17 and to execute the lease deed required by Rule 16. After extending his temporary licence, the Government cance…

Killick Nixon Ltd. filed its return for AY 1992‑93 and, after a revised return, the Assessing Officer disallowed several claims. The Commissioner of Income Tax (Appeals) upheld some items but set aside four heads – bad debt, income from house property, capital gains and a disallowance under Rule 6D – and remitted the m…

The appellant, GKN Driveshafts (India) Ltd., challenged the validity of notices issued under sections 148 and 143(2) of the Income Tax Act, 1961, before the Delhi High Court. The High Court dismissed the writ petition, holding it premature because the appellant could raise objections in its reply to the notices. On app…

The Andhra Pradesh Government entered into long‑term supply agreements with paper mills and fixed royalty rates for forest produce, initially at fixed amounts and later by a sliding scale based on replacement cost. The mills challenged the increase from Rs.60 to Rs.210 per tonne and the use of a sliding rate, arguing t…

The husband forced his wife to relinquish land given as stridhana, concealed her family’s mail, and, together with his parents, drove her out of the matrimonial home, leading her to commit suicide. The trial court convicted the husband under Section 498A IPC for cruelty and acquitted all accused of dowry death (Section…

The Salem Advocate Bar Association filed writ petitions under Article 32 challenging the 1999 and 2002 amendments to the Code of Civil Procedure, 1908. While the Constitutionality of the amendments was not contested, the petitioner sought clarification on their practical implementation. The Court interpreted the amende…

The Supreme Court examined a dispute over the allocation of a vacant M.D. (Medicine) seat at PGIMS, Rohtak. Both the appellant, Shafali Nandwani, and Respondent No.4 had qualified in the 2000 entrance exam, with the respondent ranking higher. After two rounds of counselling, a seat became vacant when a candidate chose …

The Supreme Court examined whether the President’s assent under Article 254(2) of the Constitution applies only to the specific repugnancies identified by the State or confers a blanket supremacy to the State law over all central statutes. The Court held that the President’s consideration and assent are limited to the …

The State of Uttar Pradesh appealed against the Allahabad High Court’s order that dismissed its appeal against the trial court’s acquittal of the accused under IPC sections 147, 148, 149 and 302. The High Court had rejected the appeal without providing any reasons, merely stating that there was no ground to interfere. …

J.G. Engineer's Pvt. Ltd., a contractor, had its contract with Calcutta Improvement Trust (CIT) terminated on the basis of an engineer's certificate alleging non‑completion of work. The dispute was referred to arbitration, where the arbitrator held that the termination was wrongful and awarded the contractor Rs 24.8 mi…

The Municipal Board leased premises to the respondents, who sublet them to the appellants. After the lease expired, the Board demanded rent, and the appellants deposited the rent in court under Section 30(2) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, citing doubt as to the rightful…

The State of Kerala acquired land for its Public Health Engineering Department under the Land Acquisition Act, 1894, and the Collector made a compensation award in 1986. Claimants sought enhancement of compensation before a civil court, which rendered awards between 1989 and 1991. In 1984 the Kerala Water Authority (KW…

The Tata Iron & Steel Co. Ltd. and other steel manufacturers were required by the Joint Plant Committee (JPC) and Steel Priority Committee (SPC) to add certain elements to the ex‑works price of iron and steel for funds such as the Steel Development Fund. The Central Excise Department contended that excise duty was paya…

Escorts JCB Ltd., a manufacturer of excavators, sold its goods on an ex‑works basis at its Ballabgarh factory, handing over possession to the buyer's carrier. The Central Excise authorities, after a factory visit, observed that transit‑insurance and freight charges were not included in the declared value and, on the ba…

Satnam Overseas, a miller‑exporter, bought paddy in Haryana and Punjab, milled it into rice and exported the rice. The assessing authorities initially granted exemption under Section 9(1)(b) of the Haryana General Sales Tax Act, 1973, but later revised the assessments on the ground of retrospective amendments to Sectio…

The appellants, untrained graduate teachers appointed in Science, Mathematics and Humanities, had been granted pay parity with trained teachers by various Government orders, High Court judgments and Administrative Tribunal awards. To alleviate the financial burden, the State enacted the Andhra Pradesh Educational Servi…

The Collector of Central Excise appealed against the Tribunal’s order granting Maharashtra Fur Fabrics Ltd. exemption from excise duty under Notification 109/1986 as amended. The company manufactures high‑fur fabrics (heading 60.01) and dries them by passing the fabric through a hot‑air stenter. The proviso of the noti…

Subash Parbat Sonvane, a public servant, was convicted by a Special Judge in Ahmedabad under Section 7 and Section 13(1)(d) of the Prevention of Corruption Act, 1988 for taking money from a complainant. The Gujarat High Court upheld both convictions. On appeal before the Supreme Court, the appellant contended that the …

The appellants' land was acquired under the Rajasthan Land Acquisition Act for a public development scheme, and the Land Acquisition Officer awarded them monetary compensation together with residential plots of 1,000 or 2,000 square yards. A tripartite settlement later reduced the compensation and confirmed the plot al…

Girdhar Shankar Tawade was tried for abetment of suicide under IPC s.306 and cruelty to a woman under s.498‑A. The prosecution relied on contradictory oral testimony of the deceased's brother and cousin, three letters written by the deceased, and a dying declaration. The trial court and the High Court convicted him on …

The case concerned L.D. Balam Singh, an Indian Army officer, who was tried by a General Court Martial under Section 69 of the Army Act for an offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The High Court had set aside his conviction on the ground that the search and se…

Shashikant Singh was convicted of murdering his brother, and during the trial the court, under Section 319 of the CrPC, summoned another person (respondent No. I) who appeared to have committed the same offence. The trial of the original accused, Chandra Shekhar Singh, concluded before the summoned person could be trie…

The deceased Raj Karan was attacked with lathis by the accused Bishna and Balbir, sustaining fatal head injuries. Two relatives, Sukhchain Singh (PW‑1) and Jai Karan (PW‑2), witnessed the assault, took the victim to the hospital, and later gave statements that formed the core of the prosecution case. The trial court co…

Vashram Narshibhai Rajpara, a fruit vendor, was convicted of murdering his wife and four daughters by pouring petrol on them and setting them alight while they slept, motivated by a dispute over a house. The trial court sentenced him to death, a decision affirmed by the Gujarat High Court. On appeal, the Supreme Court …

The three accused (Ezhil, Saravanan and Mohammed Iqbal) were charged with robbery, murder and related offences after a car they were travelling in was intercepted carrying articles belonging to the deceased, Masukuthu Ali, whose body was later found stabbed. The prosecution relied on circumstantial evidence, including …

The plaintiff, Jaipur Traders Corp. Pvt. Ltd., executed a sale deed for an oil mill and received an initial payment, but the balance consideration was withheld pending income‑tax clearance. The parties entered into a written settlement with a director that deferred the balance payment until all formalities were complet…

The tenant held premises under a lease that required payment of monthly rent of Rs 100 and, additionally, Rs 111 as half of the annual property tax. The tenant failed to pay rent for January‑March 1990 and the agreed tax for three years. After a two‑month notice demanding the arrears, the tenant tendered only the rent,…

The land of the deceased Khazan Singh was acquired under the Land Acquisition Act, 1894 and an award fixing compensation was made by the Collector. Dissatisfied, Khazan Singh filed an application under Section 18 of the Act for a reference to a Civil Court, which the Collector made. The Civil Court dismissed the refere…

The respondent entered into a contract through the appellant to purchase 1500 MT of polypropylene, but only 50 MT were delivered and the appellant claimed unforeseen circumstances for the shortfall. The respondent filed a private complaint alleging cheating under Section 420 IPC, claiming a loss of $236,250. The trial …

The Constitution Bench examined whether the Parliament’s Tobacco Board Act, 1975 (under Entry 52 of List I) validly covers the sale of raw tobacco and whether State Agricultural Produce Markets Acts (under Entry 28/66 of List II) can levy market fees on tobacco. The Court held that the word “industry” in Entry 52 must …

The dispute arose when Hukam Chand's brother Udai Chand and his sibling went to a wheat‑threshing field and a quarrel broke out over a khes. Hukam Chand arrived armed with a pharsa (a deadly weapon) and struck Udai Chand on the head, causing fatal injuries; other parties also inflicted blows with lathi and ballam. The …

Cemento Corporation Ltd manufactured a lime‑pozzolana mixture called Lympo from 1982 and claimed it was a cement substitute, seeking classification under the residuary Tariff Item 68 of the Central Excises and Salt Act, 1944, which would exempt it from excise duty. The Collector of Central Excise classified Lympo as a …

A private college offering a B.Ed. vacation course applied for recognition under the National Council for Teacher Education (NCTE) Act, 1993, but the application was rejected and the course was de‑recognised. The college challenged the de‑recognition and the constitutional validity of Section 17(4) of the NCTE Act befo…

The dispute concerned the classification of technical grade pesticides (TGP) under the Central Excise Tariff Act, 1985. Prior to 1996, TGP and insecticides in bulk were placed in tariff heading 38.08. Amendments to Chapter 38 in 1996 and 1997 and a 1997 circular directed that such chemicals be classified under Chapters…

The Ministry of Railways created 76 additional Group A junior posts to absorb stagnating Group B (Class II) officers and appointed 127 such officers, invoking Rule 4(b) of the recruitment rules which allows the promotion quota to be varied. Group A officers challenged the appointments, arguing that the 40% ceiling for …

The Government of Andhra Pradesh and a District Co-operative Central Bank appealed a High Court order that had quashed a criminal case against P. Venku Reddy for alleged acceptance of a bribe under the Prevention of Corruption Act, 1988. The High Court had held that Reddy was not a "public servant" within the meaning o…

The appellant, T.K. Reddy, was convicted of murdering his wife Ramulamma by allegedly setting her on fire, based primarily on a dying declaration recorded by a magistrate (Exhibit P‑2) that accused him of the act. A second dying declaration recorded by police (Exhibit P‑5) claimed the wife had set herself on fire due t…

The landlord sought eviction of three tenants occupying tenements where each unit comprised a front commercial room and a rear residential room, filing suit under the Transfer of Property Act on the ground that the Bombay Rents, Hotel and Lodging, House Rates Control Act, 1947 (Bombay Act) did not apply to dual‑purpose…

Criminal complaints were lodged against the managing editor, chief editor and resident editor of several newspapers alleging publication of defamatory material. The magistrate took cognizance under IPC sections 319 and 500 and issued summons. The accused filed petitions under CrPC s.482 seeking quash of the proceedings…

Sunder and Satbir Singh were convicted by a Designated Court under IPC sections 399 and 402 and Section 25 of the Arms Act for alleged theft and possession of knives. They appealed, arguing that the Court lacked jurisdiction because no TADA charge was framed and that the recovery of knives was not proved, as the key re…

The appellant and his brother were convicted of double murder under IPC s.302 and s.302/34 and sentenced to life imprisonment. On appeal, the Allahabad High Court division bench was split, leading to the matter being referred to a third judge. The third judge upheld the conviction but based his opinion largely on the t…

The State of Orissa appealed against the High Court's acquittal of eight accused of rape and murder of Chhabirani. The husband (PW‑1) witnessed the gang‑rape and murder at a river bed and, despite police inaction, lodged an FIR. The trial court convicted all eight under Sections 302 and 376 IPC read with Section 34, al…

The Supreme Court considered a long‑running partition suit concerning the movable and immovable assets of the Setty family, whose joint family status was severed on 11 July 1940. The plaintiff was entitled to a 2/19th share in the joint family property, but the trial court had allotted only movable assets to him and im…

The State of Uttar Pradesh challenged the validity of the transit fee imposed under Rule 5 of the Uttar Pradesh Transit of Timber and Other Forest Produce Rules, 1978, arguing that the fee was invalid because it was not supported by a quid pro quo. The Allahabad High Court upheld the constitutional validity of the rule…

The Supreme Court examined a landlord‑tenant suit where the landlord obtained an ex‑parte decree for rent arrears and eviction. The tenant contended that he never received a summons because the process server’s report was unreliable and he testified under oath that no summons was served. The Court evaluated the require…

The Supreme Court considered two appeals challenging High Court orders that dismissed election petitions filed under the Hyderabad Municipal Corporation Act, 1955 on the ground of limitation. The petitioners, Shaik Saidulu @ Saida and Gogineni Sujatha, had filed petitions after the prescribed two‑month period but sough…

The Karnataka Government appointed Vatal Nagaraj as Chairman of a One Man Commission to study the problems of Kannadigas in border areas and accorded the post cabinet rank with a budgetary allocation of Rs.5 lakh for expenses. When Nagaraj filed his nomination for the Karnataka Legislative Council, the Returning Office…

Jamuna Prasad executed a Will in 1956 bequeathing his entire movable and immovable property, including Bhumadhari land, to his second wife Sona Devi with a right of alienation, and thereafter to the nine sons of his daughters from both wives. After the deaths of Jamuna Prasad (1961) and Sona Devi (1964), the plaintiffs…

The appellant, A.L. Ranjane, operated a tea stall on a permanent structure embedded in a public street adjacent to the building of respondent R.J. Sethna. The respondent sued for declaration, mandatory and permanent injunctions to remove the structure, alleging encroachment, nuisance, fire and health hazards, and inter…

An election for the post of Sarpanch of a Gram Panchayat was held. The appellant was orally told he had won, but the official result declared the respondent as the winner. The Sub‑Divisional Officer, on an ex‑parte order, recounted the votes and corrected a clerical error, declaring the appellant the winner. The respon…

Mahender Pratap, who lost a Legislative Assembly election by 161 votes, filed an election petition seeking a recount of votes on the ground of alleged irregularities in electronic voting machine counting and non‑compliance with Conduct of Election Rules 56A and 63. He claimed that his application for recount was filed …

The petitioner, a former District and Sessions Judge appointed as a Judicial Member of the Central Administrative Tribunal, challenged the validity of Section 8 of the Administrative Tribunals Act, 1985, arguing that a five‑year term with re‑appointment limited the superannuation age to 62 years and was contrary to the…

The All India Float Glass Manufacturers Association complained that Indonesian exporters were selling float glass in India at predatory prices, alleging a restrictive trade practice under the Monopolies and Restrictive Trade Practices (MRTP) Act. The MRTP Commission issued an interim injunction restraining the exporter…

Lab Assistants, Technicians, Incharges and Instructors employed by colleges under Ranchi University filed a writ petition seeking to be redesignated as Demonstrators with all attendant benefits. The Patna High Court Single Judge, relying on a Patna High Court decision (Sindheshwari Prasad Singh) and a Supreme Court jud…

The Union of India detained B. Sankar under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) for alleged hawala transactions involving Rs. 42.9 lakh. The Karnataka High Court set aside the detention, holding that the underlying offence under the repealed Fore…

The Supreme Court examined whether the sale of electricity by National Thermal Power Corporation Ltd. (NTPCL) to electricity boards in other states constituted an inter‑State sale and could be taxed by the states under their Electricity Duty Acts. It held that electricity is a "good" and that its generation, transmissi…

The Sai Publication Fund, a trust created by devotees of Sai Baba to spread his teachings, published and sold books, pamphlets and related material at nominal cost. The Commissioner of Sales Tax contended that the trust was a "dealer" under the Bombay Sales Tax Act, 1959, invoking the amended definition of "business" i…

The appellant, Sau. Saraswati Bai Trimabak Gaikwad, cultivated land that she had leased from Tarabai, who held a limited right to possess the land under a 1927 settlement deed. Although a consent decree had earlier restrained Tarabai from leasing the land, the appellant filed an application under Section 32‑O of the Bo…

The appellant Devender Pal Singh was arrested after being deported from Germany and recorded a confessional statement under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA). The Designated Court convicted him of offences under TADA and the IPC, including criminal conspiracy, and sentenced h…

Kuladhar Phukan, a judicial officer of the Assam Judicial Service, was appointed ad‑hoc as Deputy Secretary in the Assam Legal Service in 1986 after his application was forwarded by the High Court and his services were spared. He was later regularised and promoted in the Legal Service without any consultation with the …

The appellant, Munithimmaiah, owned land that was acquired under the Bangalore Development Authority (BDA) Act, 1976 for a development scheme. An award of acquisition was passed in 1995, but the appellant challenged it, invoking the limitation periods prescribed in Sections 6 and 11‑A of the Land Acquisition Act, 1894 …

The State of Uttar Pradesh issued executive orders refusing to renew licences of petty diesel dealers whose premises were within five kilometres of a government‑run retail outlet. Daulat Ram Gupta, whose licence was thus refused, challenged the order. The Allahabad High Court set aside the order and directed the author…

The appellant imported a consignment of bearings and, after customs seized the goods, sought to clear them without paying the port charges and demurrage claimed by the Board of Trustees of the Port of Calcutta. The High Court allowed removal of the goods without payment, but the Board exercised its statutory lien under…

Lehna was convicted of murder (Sec. 302 IPC), attempt to murder (Sec. 324 IPC) and assault (Sec. 458 IPC) for killing his mother, brother and sister‑in‑law and injuring his father and nephew during a family land dispute. The trial court sentenced him to death, which the High Court confirmed. On appeal, the Supreme Cour…

The appellants entered into a written sale agreement with the vendor (respondent No.3) for agricultural land, paid earnest money and took possession of the property. The vendor later sold the same land to a third party (respondent No.1) despite an injunction in favour of the appellants, and the third party sued for pos…

The Central Airmen Selection Board advertised a post of Airman with an upper age limit that could be relaxed by two years for candidates who had passed the Intermediate (+2) examination. Surrender Kumar Das applied claiming such qualification, qualified the written test and was called to report, but the Board later dis…

The landlord, Jagat Pal Dhawan, filed a suit under Section 14(3)(c) of the Himachal Pradesh Urban Rent Control Act, 1987 seeking eviction of his tenant, Kahan Singh, on the ground that the over‑100‑year‑old building was required bona‑fide for reconstruction into a modern three‑storeyed house. The trial court and the Hi…

Dugar Electronics, a manufacturer of tape recorders, received moulds and certain parts from Pieco (Philips) free of cost and declared a price for its finished goods. The Central Excise authorities and the Customs, Excise and Gold (Control) Appellate Tribunal rejected this declared price, holding that it did not represe…

The landlord sought eviction of a tenant occupying a piece of land with a small wooden structure under the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960. The tenant claimed he only rented the land and owned the wooden structure, arguing that the structure was not a "building" within the meaning of Section…

The case involved a mob of sixty persons who formed an unlawful assembly with the common object of murdering Satwa and his sons. The trial court convicted thirteen accused and acquitted the rest, including Ganesh K. Gulve (accused No.24). The High Court upheld the convictions of eleven accused, reversed Gulve's acquitt…

The appellant claimed entitlement to a plot allotted by the Burmah Shell Co‑op Housing Society under the Delhi Cooperative Societies Act, 1972. The dispute was referred to an arbitrator, but the society challenged the appointment and obtained an interim restraining order from a civil court. The society failed to appear…

The appellants applied for mini‑bus permits on the Dasuya‑Jalalpur via Miani route under the liberalised scheme of Section 80 of the Motor Vehicles Act, 1988. Their applications were rejected by the State Transport Commissioner, but the State Transport Appellate Tribunal (STAT) allowed the appeals and remitted the matt…

The case involves a head‑on collision between a car driven by Dr. Venkatesh Kanakareddy and a mini‑lorry driven by Sharanappa Basanagouda Aregoudar, resulting in four deaths and one injury. The accused was convicted under IPC Sections 279, 337, 338 and 304A for rash and negligent driving. The trial magistrate sentenced…

The State of Andhra Pradesh created Family Courts and Mahila Courts and, lacking sufficient women judges in the District & Sessions Judges Grade‑II cadre, sanctioned ten additional posts exclusively for women by relaxing Rule 2 of the Special Rules for the A.P. State Higher Judicial Service. An advertisement was issued…

The tenant failed to pay rent for June 1983 to November 1984 and the landlord served a notice under the Explanation to Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The tenant informed the landlord that the rent had been deposited in other court proceedings, but the landlord filed an …

The All India Judges Association filed a writ petition seeking implementation of the recommendations of the First National Judicial Pay Commission (Shetty Commission) concerning service conditions of the subordinate judiciary. The Supreme Court examined whether the pay scales, allowances, recruitment methods, judge‑str…

Brothers Rama Kant and others were tenants of a shop owned by Sona Devi. The landlord filed an eviction petition for non‑payment of rent for the period October‑December 1995. The son of one tenant paid the arrears and the landlord accepted the payment without prejudice. The Rent Controller held that the payment constit…

The Housing Board filed civil suits against contractor I.S. Mittal, and the court appointed a Superintending Engineer as arbitrator. The arbitrator was transferred during the proceedings but continued the arbitration and issued an award. The Board objected under Section 30 of the Arbitration Act, 1940, claiming the arb…

The appellant, Paul George, was convicted under Sections 279 and 304A of the IPC and sentenced to fine and imprisonment. He appealed, and the High Court dismissed his criminal revision under Section 397 of the CrPC by a non‑speaking order stating merely that no illegality, impropriety or jurisdictional error was found.…

Dr. Anil Bajaj, a faculty member of the Post Graduate Institute of Medical Education and Research, was granted permission to take up an assignment abroad on the condition that he would resume duty within two years, a condition that required an undertaking which he did not furnish. An office order stipulated that failur…

The appellants (vendors) entered into a sale agreement with the respondent (buyer) for Rs.40.25 lakh, conditioning the sale on obtaining clearance under the Urban Land (Ceiling and Regulation) Act, 1976 by a stipulated date. When the clearance was not obtained, the vendors cancelled the agreement and refunded part of t…

The Government cancelled all petrol pump, LPG and kerosene dealership allotments made since January 2000 after media reports alleged political patronage in a few cases. Petitioners, who had received letters of intent or entered into agreements, challenged the order as arbitrary and violative of Article 14. The Court he…

The Collector of Central Excise, Chandigarh issued a show‑cause notice to Mis. Smith Kline Beecham Consumer Health Care Ltd. demanding recovery of excise duty that had been set‑off under Notification No. 201/79 after the sellers of the inputs obtained a refund of duty paid. The assessee contended that the notice was ba…

The deceased employee of Mis. Bharagath Engineering died in an accident alleged to have occurred in the course of his employment. The employer argued that the claim under the Workmen's Compensation Act, 1923 should be barred because the employee was an "insured person" under the Employees' State Insurance Act, 1948, de…

The appellants sought to set aside a second compulsory purchase order issued by the Central Government under Chapter XX‑C of the Income Tax Act, 1961, alleging that the order was beyond the statutory limitation period, concerned an undivided share contrary to the demarcated portions, and that the consideration was not …

U.P. Financial Corporation initiated recovery proceedings against Unique Butyle Tube Industries Pvt. Ltd. under the Uttar Pradesh Public Monies (Recovery of Dues) Act, 1972 for default on a loan. The appellant contended that, after the enactment of the Recovery of Debts due to Bank and Financial Institutions Act, 1993,…

The Supreme Court examined a writ petition filed by directors of Maharashtra Antibiotics & Pharmaceuticals Ltd. seeking relief against the Bombay High Court's order directing the State to arrest them and to compel the investigating agency to file a charge‑sheet. The Court held that arrest is a discretionary power of th…

In a partition suit over ancestral coparcenary property, the children of a second wife (Jinia Keotin) born from a marriage that was void under the Hindu Marriage Act, 1955 claimed a share in the property. The trial court and the High Court allowed them a share only in the parents' property, invoking Section 16(3) of th…

The landlord, Swami Ashanand, a sanyasi, owned a building in Haridwar occupied by four tenants. He filed an eviction suit under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, seeking demolition and reconstruction to create a residence, temple, and satsang hall for his…

Flash Laboratories Ltd, a toothpaste manufacturer, sold 60% of its output to its holding company Parle Products Ltd and the remaining 40% to another subsidiary, Parle Biscuits Ltd. The Central Excise authorities issued show‑cause notices alleging that the three entities were "related persons" under Section 4(4)(c) of t…

The State of Karnataka charged Panchakshari Gurupada Yya Hiramath under Section 302 IPC for the murder of DSP Shankaraiah Hiremath, alleging a fatal attack with a sickle following a land dispute. The prosecution’s case rested primarily on the eye‑witness testimony of PW3, who saw the accused assault the victim, and on …

The plaintiff, Zahirul Islam, sued Mohd. Usman and others. One of the defendants (Defendant No.2) died on 1 February 1995, but the trial court proceeded ex parte against him without substituting his legal representative. The legal representative later sought a stay of execution of the decree under Order 9 Rule 13 of th…

Colgate Palmolive (India) Ltd ran a newspaper contest that required consumers to purchase two toothbrushes to enter, offering various prizes. A complaint was filed with the MRTP Commission alleging that the contest was an unfair trade practice under Section 36A(3)(b) of the Monopolies and Restrictive Trade Practices Ac…

The appellant, Hindustan Ciba Geigy, placed an advertisement claiming its product Aerocol was manufactured by it and was a market leader in the UK. A complaint was filed alleging unfair trade practice under Section 36A of the Monopolies and Restrictive Trade Practices Act, 1969, leading the MRTP Commission to issue a n…

The appellants R.D. Goyal and others challenged the MRTP Commission’s finding that the issue of equity shares linked with redeemable non‑convertible debentures, before allotment, did not constitute "goods" under Section 2(e) of the Monopolies and Restrictive Trade Practices Act, 1969. They argued that shares (including…

The case arose from an incident where two police constables attempted to arrest Ram Avtar and his associates; the accused’s relatives intervened with weapons, leading to a violent clash that resulted in the deaths of two members of the complainant’s family. The trial court convicted eight accused under IPC sections 224…

The Andhra Pradesh State Electricity Board issued a 1985 memorandum promising appointment of eligible ex‑casual labourers to vacant posts, a right later affirmed by the High Court in a writ petition. In 1997 the Board issued another memorandum limiting such appointments to 50% of vacancies, and some ex‑casual labourers…

Abdul Rahman (appellant) claimed that Prasony Bai (respondent) was not the daughter of the original land allottee Mangal Singh and that he had acquired the land by adverse possession. The dispute stemmed from earlier escheat proceedings, cancellation of an allotment to the appellant and mutation proceedings, all of whi…

In a title suit filed in 1978, the trial court dismissed the suit, the first appeal upheld the dismissal, and the High Court allowed the second appeal but only directed that a decree be drawn up by the trial court. The trial court prepared a decree that mentioned only costs, omitting the numerous reliefs claimed in the…

The tenant, Vithal N. Shetti, had occupied premises in Pune and erected a permanent structure (dining hall, kitchen, lavatory) in 1961. The landlord, Prakash N. Rudrakar, claimed the construction was done without his written consent and without municipal plan sanction, invoking Section 13(1)(b) of the Bombay Rents, Hot…

Tata Iron & Steel Co. Ltd. claimed exemption from excise duty on steel ingots (Item 26) under Notification No. 53/64, asserting that the ingots were produced from fresh unused steel melting scrap obtained by cutting blooms into pieces and rendering them into scrap. The departmental authorities, the Central Government, …

Mahalaxmi Stores purchased large stone boulders and crushed them into smaller stones known as 'gitti'. The issue was whether this crushing process constituted 'manufacture' under Section 2(17) of the Bombay Sales Tax Act, 1959, thereby attracting sales tax. The Sales Tax Tribunal and the Bombay High Court held that it …

The Urban Improvement Trust, Udaipur sought to acquire land for a housing scheme under the Rajasthan Urban Development Act. The State of Rajasthan issued a notification under Section 4(1) of the Land Acquisition Act, 1894, first published in newspapers in 1990 and later in the official gazette on 4 June 1992. A declara…

The case arose from a land dispute in which Dila (appellant No.1) and his son Telu (appellant No.2) allegedly attacked Om Pal, who had purchased the contested land, and Telu shot Om Pal, causing his death. The trial court acquitted all accused, but the Allahabad High Court reversed the acquittal of Dila and Telu, convi…

The appellant, Nallabothu Venkaiah, was one of sixteen accused who allegedly formed an unlawful assembly, hurled bombs and used axes, knives and spears to kill R. Venkateswarlu on 13 October 1992. The trial court convicted him under Section 302 IPC (simpliciter) and sentenced him to life imprisonment, relying on the te…

The Delhi Development Authority (DDA) revised the land rates for its 1979 Registration Scheme on New Pattern in 1990, leading to higher flat prices. Several allottees filed writ petitions challenging the revision as arbitrary and illegal, resulting in conflicting judgments from two Division Benches of the Delhi High Co…

The petitioners sought specific performance of a contract for two cinema theatres in Calicut, but the trial court dismissed the suit. On appeal, a two‑judge Division Bench of the Kerala High Court delivered conflicting judgments and, without identifying any point of law difference, confirmed the trial court decree unde…

MIS. I.T. Ltd. appealed to the Supreme Court against the order of the 10th Additional City Civil Judge, Bangalore, which dismissed its appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996. The central question was whether a revision petition under Section 115 of the Code of Civil Procedure (CPC) …

Khet Singh was apprehended while travelling in a truck that contained a polythene bag of opium. The contraband was seized and samples were taken at the Customs Office, but the seizure mahazar was not prepared at the spot of recovery as required by the NDPS Act and related standing instructions. The appellant contended …

The appellants, tenants, were ordered to vacate premises under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982. After the trial decree and a dismissed first appeal, they filed a second appeal in the Patna High Court, but neither they nor their counsel appeared at the hearing. The High Court nonetheless…

The appellant, Bibhudatta Mohanty, was temporarily appointed as an Extra Departmental Mail Carrier and sought a permanent posting. The recruiting authority sent a requisition to the Employment Exchange specifying only a minimum qualification of VIII standard, without mentioning any preference for candidates with higher…

The State of West Bengal sought to revise a 1957 record of rights concerning land that had been leased to a paper mill, arguing that the land vested in the State under the West Bengal Estates Acquisition Act, 1953. The respondents, Karan Singh Binayak and others, had purchased the land and commenced construction after …

The petitioners challenged the election of Ajit Pawar to the Baramati Assembly seat, alleging that the Returning Officer shifted ballot boxes from a high school to a recreation hall without informing candidates, with the motive of substituting genuine ballot papers with fakes. They also claimed missing Presiding Office…

The appellant, a direct recruit to the Rajasthan Administrative Service under the 1954 Rules, challenged Rule 25 of the Rajasthan Administrative Service (Emergency Recruitment) Rules 1976, which gave emergency recruits a notional year of allotment for seniority, alleging discrimination under Articles 14 and 16 of the C…

The State of Andhra Pradesh, as Director of Settlements, appealed against a Division Bench of the Andhra Pradesh High Court that had issued a mandamus directing the State to make interim compensation payments to estate holders under the Andhra Pradesh Estates (Abolition and Conversion into Ryotwari) Act, 1948. The High…

The Supreme Court entertained a writ petition under Article 32 filed by promotee District Judges of the Maharashtra State Judicial Service Association challenging the Bombay High Court's administrative decision on inter‑se seniority. The High Court had held that direct recruit District Judges (appointed by nomination f…

The parties agreed to resolve their family business disputes by arbitration with two arbitrators and an award was rendered. The respondents later applied to the Calcutta High Court to set aside the award, arguing that the Arbitration and Conciliation Act, 1996 forbids an even number of arbitrators, making the tribunal …