Judgments of 2006

The Rajasthan Housing Board conducted an auction of commercial plots in 2002, where G.S. Investments was the highest bidder. After a news report alleged that the auction was bungled and prices were far below market rates, the State Government, exercising powers under Section 60 of the Rajasthan Housing Board Act, 1970,…

The respondent, a temporary Physical Education teacher in a Kendriya Vidyalaya, was accused of corporal punishment after a parent complained. The school conducted a fact‑finding enquiry, recorded statements of students and the teacher’s limited participation, and the enquiry officer recommended disciplinary action. Ins…

The appellant, a Major General commissioned in 1968, claimed seniority over a respondent officer who was senior to him in the substantive rank of Major, arguing that accelerated promotions and grading under para 68 of the Army Regulations gave him seniority. The dispute centered on officers permanently seconded to the …

A prisoner, Nathu @ Parasram, filed a Special Leave Petition (SLP) from jail, attaching a certified copy of the High Court judgment. The Supreme Court Registry delayed the first listing by sending for records from lower courts and awaiting translation of vernacular documents into English. The Court examined Order 21, R…

The deceased, Prafulla Nayak, was collecting seedlings from a disputed plot of land when Sukumar Roy, his father, wife and sister‑in‑law entered the field armed with a lathi and a bhali. An altercation ensued and Sukumar struck the deceased on the abdomen with the bhali, causing a deep penetrating wound that led to his…

The case arose from allegations of irregularities in the grant of an advance licence for import of cotton fabrics, leading to a criminal complaint against a company, its directors and four public servants under the IPC, Prevention of Corruption Act and Customs Act. The company and its directors filed a declaration unde…

The State of Maharashtra appealed against a High Court order that had set aside the cancellation of a Scheduled Tribe (ST) certificate issued to Ravi Prakash BabulalSing Parmar, holding that the Caste Scrutiny Committee lacked jurisdiction to inquire into the validity of the certificate and could only consider document…

The appellant, a trained graduate teacher, was offered a post with pay protection and later joined the school. He claimed that the school was bound to grant him the revised pay scale of the Fifth Central Pay Commission retrospectively from his date of appointment, invoking promissory estoppel based on a letter stating …

Maharashtra State Power General Co. (MAHAGENCO) issued a notice inviting tenders for coal liaison services. Four firms submitted bids; the Board accepted the bid of M/s B.S.N. Joshi & Sons Ltd. (the appellant) despite objections from three other bidders that the appellant failed to meet essential conditions – experienc…

The appellant, a Block Development Officer, was charged with serious misconduct causing a loss of Rs 2,85,658 to the government. A departmental inquiry found him guilty and imposed forfeiture of his entire pension and gratuity and ordered recovery of the loss. The appellant challenged the proceedings before the High Co…

The petitioners, employees of ITDC's Hotel Agra Ashok, challenged the Government of India's decision to disinvest the hotel by selling it to a private party, alleging the sale price was too low, the transfer of their services without consent violated Articles 14, 21 and 311, and that the Voluntary Retirement Scheme (VR…

The Food Corporation of India (FCI) awarded a contract to A.M. Ahmed & Co. for cargo‑handling services without an escalation clause. During the contract, the State Government raised statutory wages, and the contractor sought additional payment for the increased labour cost. An arbitrator was appointed, who allowed the …

The Supreme Court considered whether a show‑cause notice under Section 11‑A of the Central Excise Act, 1944 can be issued before the completion of the assessment proceedings. The appellants argued that a provisional assessment, being an order of assessment, sufficed for invoking Section 11‑A, while the respondents cont…

Paramjeet Singh Patheja, a guarantor, challenged an insolvency notice issued under Section 9(2) of the Presidency Towns Insolvency Act, 1909 on the basis of an arbitration award rendered under the Arbitration and Conciliation Act, 1996. The High Court had held that the award constituted a decree for the purpose of the …

R.K. Agrawal filed a writ petition seeking pension for the period 26 July 1979 to 22 July 1982 and interest on delayed payment. The Rajasthan High Court granted the pension but denied interest, and did not rule on Agrawal's claim for a pro‑rata pension under Rule 158 of the Rajasthan Service Rules, nor on the relevance…

The Chitradurga Mazdoor Sangh filed a writ petition in the Karnataka High Court seeking enforcement of a 1998 settlement and payment of 40% back wages to 51 reinstated workmen of a cooperative sugar factory. The High Court ordered the factory to implement the settlement and pay the back wages. The factory appealed, con…

The mother of the deceased plaintiff filed a suit for permanent injunction against the appellant, claiming possession of land inherited from her husband. The plaintiff died and the appellant, an adopted son, was substituted as legal heir. The trial court dismissed both the suit and the counter‑claim but allowed the sub…

Shymal Kumar Roy and Sushil Kumar Agarwal entered into a development agreement in 1995. The agreement was exhibited as evidence in a suit for specific performance on 17‑02‑2003 without any objection. Two years later, Roy sought to have the document impounded under Section 38 of the Indian Stamp Act, claiming it was ins…

The appellants, shareholders of Dev Papers Ltd., filed a suit against several defendants. An arbitration agreement existed between the appellants and some, but not all, of the defendants. The appellants amended the plaint to delete the names of those defendants who were parties to the arbitration agreement and proceede…

Jasbir Singh, a peon employed by Punjab & Sind Bank, was accused of embezzling Rs 25,000, forging a depositor's signature and tampering with bank records. He faced a criminal trial under IPC §§ 409 and 201 and was acquitted, and a civil recovery suit filed by the bank was also decided in his favour, the judgment attain…

Craft Interiors Pvt. Ltd. installed storage units, kitchen counters, running counters and large reception tables as part of turnkey interior projects. The Central Excise authorities treated these items as "furniture" under Tariff Item 9403 of the Central Excise Tariff Act, 1985 and levied excise duty. The company conte…

The Government of Andhra Pradesh dismissed A. Venkata Rayudu, a former General Manager of the Andhra Pradesh Scheduled Tribes Cooperative Finance Corporation, on four misconduct charges relating to the deposit and withdrawal of funds in cooperative and private banks. The primary charge alleged that he violated unspecif…

Banshidhar, a Patwari, was suspended in 1976 on allegations of accepting illegal gratification and was convicted under Section 5(1)(d) of the Prevention of Corruption Act read with Section 161 of the IPC. He was dismissed in 1987 but later acquitted by the appellate court in 2001. By the time of his acquittal he had al…

The Madhya Pradesh Wakf Board had declared a Dargah property as Wakf and constituted a managing committee. Private parties, claiming inheritance of the land, challenged the Board's orders and the Wakf registration, leading to a civil suit that was transferred to the Madhya Pradesh Wakf Tribunal under the Wakf Act, 1995…

The Jaipur Development Authority (JDA), a State entity, terminated the services of daily‑wage worker Ram Sahai on 1 July 1987. Sahai had not completed 240 days of continuous service and the Labour Court held that JDA had violated Sections 25G and 25H of the Industrial Disputes Act, 1947, ordering his reinstatement with…

The appellants, two sisters, were convicted of a series of kidnappings and murders of children between 1990 and 1996, based largely on the testimony of an approver who had been granted pardon under CrPC s.306. The trial court sentenced them to death under IPC s.302 read with s.120B, a sentence affirmed by the High Cour…

The appellant, Commissioner of Customs, Mumbai, challenged the Customs, Excise and Gold (Control) Appellate Tribunal's order granting project import benefits to Mis. Toyo Engineering India Ltd for auxiliary equipment used in setting up a fertilizer plant. The revenue authorities had rejected the application on the grou…

The appellant was convicted under Section 46A(a)(ii) of the Bengal Excise Act, 1909 for unlawful possession of 40 litres of illicit distilled liquor and sentenced to three years' rigorous imprisonment. He appealed, contending that no independent witness was examined, that the offence was one of possession (covered by S…

The case involves four accused who stopped the complainant and his son; one accused thrust a knife into the son, causing his death. The trial court convicted all four under Section 302/323 read with Section 34 of the IPC, and the High Court affirmed the conviction. Two of the accused (Surinder Singh and Raja Singh), wh…

M/s Prodelin India (P) Ltd., a joint‑venture Indian company 75% owned by a U.S. firm, assembled VSAT antennas using components supplied by the foreign partner and paid a monthly technical service fee for post‑import activities such as training and design assistance. The Deputy Commissioner of Customs added 10% of the i…

Mis RE manufactured electronic fan regulators under the brand "REIZ" since 1988, while its sister company Mis REPL, formed in 1993, manufactured electronic transformers using the same brand. Under Notification No. 1/93, a manufacturer using another's brand name is ineligible for small‑scale exemption. The Commissioner …

The State of Madhya Pradesh appealed the acquittal of Badri Yadav, who had been convicted for murder under IPC s.302 read with s.34. Two key witnesses, PW‑8 (Mohd. Amin) and PW‑9 (Zakir Ali), originally testified as eye‑witnesses under s.164 CrPC and were cross‑examined as prosecution witnesses in 1990. In 1994 they fi…

The appellant Sandhya Jadha and co‑accused, who were tenants, assaulted their landlord when he came for rent and, during the ensuing quarrel, the appellant delivered a knife blow to the back of the landlord's nephew, who later died. They were convicted under Section 302 IPC (murder) and related offences. On appeal, the…

The petitioners, a public trust seeking to start a B.Ed. college, obtained recognition from the National Council for Teacher Education (NCTE) under the National Council for Teacher Education Act, 1993, but the Maharashtra Government refused to issue a No‑Objection Certificate (NOC) based on a policy decision not to gra…

The respondents, former employees of the Tamil Nadu Transport Department, claimed pension under the Madras Liberalised Pension Rules after being absorbed into state transport corporations. They argued that Government Order (G.O.) No.378 (1975) superseded G.O. No.212 (1974) and that they were entitled to pension despite…

Mohd. Narsullah Khan, a Head Constable, was on bandobust duty during the visit of US President Bill Clinton when he allegedly removed and concealed a CCTV lens, an act captured on the premises' closed‑circuit TV. A disciplinary inquiry examined four witnesses, found the charge of theft proved beyond reasonable doubt, a…

The respondent, a manager of Syndicate Bank, was found guilty of colluding with staff to obtain and misappropriate loans under the Integrated Rural Development Programme and was removed from service by the Disciplinary Authority. The respondent challenged the removal, and the High Court initially converted the removal …

Shin Satellite Public Co. Ltd., a Thai satellite service provider, entered into a contract with Jain Studios Ltd. that contained an arbitration clause (Clause 23) requiring disputes to be referred to arbitration in Delhi under UNCITRAL rules, with the award deemed final and binding and a waiver of any right of appeal. …

In a municipal corporation election, the petitioner alleged irregularities in the counting process, including failure to show ballot papers before bundling, improper identification of invalid votes, and that a prize announced for the returning officer caused haste. The Small Causes Court ordered a recount, which the Hi…

L.K. Verma, a Safety Officer, was charged with using abusive language and threatening a superior and was placed under suspension. He appealed the suspension to the Labour Commissioner under Rule 14 of the U.P. Factories (Safety Officers) Rules, 1984, but was dismissed from service while the appeal was pending. The Labo…

C. Lalitha was appointed as Tehsildar under Karnataka's revised reservation policy and was placed only in the Additional List of Category I Service, not in the notification for Assistant Commissioner. She applied before the Karnataka Administrative Tribunal for appointment as Assistant Commissioner; the Tribunal dismis…

The case concerned a land acquisition proceeding where the Collector made an award on 13 March 1990 and sent it to the Government for approval. The respondents, fearing that the award would not be approved within the two‑year period prescribed by Section 11A of the Land Acquisition Act, 1894, obtained a stay of the dec…

The State of Madhya Pradesh appealed a High Court order that reduced the ten‑year rigorous imprisonment awarded to Kedar Yadav for an offence under Section 307 of the Indian Penal Code to the period already served. The trial court had convicted Yadav for attempting to murder the complainant, Parvat Singh, who suffered …

On 17 August 1992 a motor vehicle involved in a fatal accident was insured with National Insurance Company Ltd. for the period 5 October 1991 to 4 October 1992. New India Assurance Co. Ltd. issued a policy covering a later period (7 November 1992 to 6 November 1993) and the premium cheque for that period was dishonoure…

The appellant, K.N. Sathyapalan (deceased) by legal representatives, entered into a construction contract with the State of Kerala. The work could not be completed within the stipulated eleven months due to law‑and‑order disturbances, lack of a suitable quarry and dumping yard, and the State’s failure to remove anti‑so…

N.V. Subba Rao, a clerk in Corporation Bank, was suspended on 3 July 1985 and dismissed on 28 July 1988. The High Court later modified the dismissal order, reverting him to the clerk post and reinstating him on 6 February 1997. Rao claimed that his pension and gratuity should be calculated by treating the suspension pe…

The case concerned land acquired under the Land Acquisition Act that had been mutated in the name of Damoder Mahto. After Damoder's death, his widow Koleshra Devi (Kaulashwari) possessed a share of the land in lieu of maintenance. She executed a deed of gift on 7 May 1960 in favour of the appellants, heirs of Ram Layak…

The plaintiff, a son who attained majority in 1974, filed a suit in 1981 to set aside a 1963 sale deed by which his maternal grandfather and his siblings purportedly sold his share in family land. The trial court held the suit barred by Article 60 of the Limitation Act, 1963, but the appellate courts reversed, applying…

The plaintiffs, descendants of Durga Malakar, filed a title suit claiming ownership of certain lands based on a will dated 8 October 1958 and a probate order. The defendants asserted title through a sale deed executed by Durga's widow Gandhari and a subsequent deed of exchange. The trial court ruled in favor of the pla…

On 6 July 1993, the deceased Keshrabai and her 15‑year‑old daughter Annuabai were attacked in their home. The appellant, Antar Singh, along with three others entered the house armed with deadly weapons while eight other persons surrounded the house. Badri assaulted the deceased, who suffered eight fatal injuries, inclu…

The Union of India filed a Special Leave Petition challenging a Delhi High Court order that dismissed its claim for uniform pay scales for carpenters employed by All India Radio and Television. The petition arose after the Central Administrative Tribunal (CAT) had upgraded the pay scales of carpenters in the East Zone,…

The dispute concerned a 3.27‑gunta parcel in Khairatabad village, originally granted to Smt. Prameela Modi by a supplementary Sethwar issued by the Nizam government in 1947 and subsequently confirmed by various revenue authorities. The State of Andhra Pradesh later claimed the land as Government property (Survey No. 11…

The Regional Provident Fund Commissioner (RPFC) sought to enforce the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) against Sanatan Dharm Girls Secondary School and other non‑governmental educational institutions in Rajasthan. The State had enacted the Rajasthan Non‑Government Educational …

The appeal concerned the constitutional validity of Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971, which authorises the Governor to withhold or recover part of a pension where a former government servant is found guilty of misconduct, negligence or other acts causing pecuniary loss t…

Defiance Knitting Industries filed a summary suit for Rs.98.81 lakh and applied for unconditional leave to defend under Order XXXVII Rule 3(5) of the CPC, which was rejected. The Bombay High Court, in a civil revision, directed the defendant to deposit Rs.20 lakh to show bonafides and allowed a subsequent application f…

The respondent, a Class II contractor, was denied revalidation of his enlistment on the ground of insufficient marks, which were based on delay in completion of work and quality of work. He filed a writ petition which was allowed by a Single Judge of the Delhi High Court. The Division Bench dismissed the Letters Patent…

The insurer, United India Insurance Co. Ltd., invoked the arbitration clause in its policy with J.A. Infrastructure Pvt. Ltd. and, after two conflicting arbitral awards, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 in the High Court, which was dismissed for lack of jurisdiction. The i…

Maharashtra State Financial Corporation (MSFC) had sanctioned a loan to Crystal Marketing Pvt Ltd, whose directors stood as sureties. After default, MSFC invoked Sections 31 and 32 of the State Financial Corporations Act, 1951 to sell hypothecated property, and later, after a shortfall, issued notice to the sureties an…

Mayar (HK) Ltd. and other plaintiffs filed an admiralty suit in the Calcutta High Court alleging that the carrier, Trustrade Enterprises PTE Ltd., failed to deliver 456 timber logs that were to be shipped on the deck of the vessel M.V. Fortune Express from Malaysia to Calcutta. The defendants argued that the Bill of La…

The Regional Provident Fund Commissioner issued a notice under the Employees Provident Fund & Misc. Provisions Act, 1952, claiming that 45 trainees selected for a stipend‑based training programme at a chocolate factory were "employees" liable to contribute to the provident fund. The trainees were paid a monthly allowan…

The appellant, a hereditary watandar, claimed that the tenant's notice to purchase the land under Section 32‑G of the Bombay Tenancy & Agricultural Lands Act, 1948 was invalid because it was not served within one year as required by Section 32‑0, and that the proviso to Section 8 of the Maharashtra Revenue Patels (Abol…

The appellants challenged a High Court judgment that interpreted Rule 37A of the Central Civil Services (Pension) Rules, 1972 regarding the calculation of restored pension for employees who had commuted a portion of their pension. The High Court had held that the pro‑rata commuted portion must be deducted from the basi…

Mohinder Singh, a former employee of the Haryana State Electricity Board, was transferred to Dakshin Haryana Bijli Vitrannigam Ltd. and was served a show‑cause notice alleging theft of electricity, leading to his suspension and dismissal. He appealed under the Haryana State Electricity Board Employees (Punishment & App…

The Supreme Court examined whether a bank, having filed an original application before the Debt Recovery Tribunal (DRT) for recovery of dues, must withdraw that application before invoking the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (NPA Act). It held that th…

The assessee, Nirmala Dyachem, manufactures a product called Domex Power Cleaner/Domex All round Home Cleaner and classified it under heading 38.08 of the Central Excise Tariff Act, 1985 as a disinfectant. The Revenue argued that the product should be placed under heading 34.02, which covers organic surface‑active agen…

A married woman, Sumitra, died in a fire that also injured her two‑year‑old son and her father‑in‑law, both of whom later died. The husband, Devender Singh, and his brother‑in‑law were prosecuted under IPC sections 306 (abetment of suicide) and 498‑A (dowry harassment) based on letters in which the husband allegedly de…

The appellants Prem Narain and others were convicted under Section 304(II) read with Section 34 of the Indian Penal Code for the murder of Gopal Singh, based primarily on the testimony of two eye‑witnesses, PW‑1 (Ganeshi Bai) and PW‑3 (Kallu). The Supreme Court examined the consistency of their statements and found mat…

Gulab Chand Agrawal, a clerk employed by Siwan Municipality, retired on 31 January 1992. The Bihar Municipal Officers and Servants Pension Rules, 1987 (Rule 4) allowed municipal employees who were on the rolls at the time of the rule’s confirmation and who had subscribed to the Contributory Provident Fund to switch to …

The Supreme Court dealt with the large‑scale misuse of residential premises for commercial purposes in Delhi. Earlier it had ordered the Municipal Corporation of Delhi to seal offending premises, granting traders a deadline of 30 June 2006 subject to affidavits. The Union of India subsequently enacted the Delhi Laws (S…

In 1990 National Insurance Company issued transit insurance for a consignment of NIPHA EXPORTS to Sudan. The goods were damaged and a claim was made, but a dispute arose over who was entitled to the proceeds. After investigations, the claim was finally settled by a letter dated 8 April 1994 and the insurance amount of …

The respondent, an Assistant Grade II officer of National Seeds Corporation, was charged with misappropriating Rs 63.67 lakhs and faced departmental proceedings under the Corporation's Conduct, Discipline and Appeal Rules, 1992. He sought to be assisted by a retired employee and later by a legal practitioner, but his r…

ISPAT Industries Ltd imported iron ore pellets that were off‑loaded from the mother vessel at Bombay Floating Light (BFL) onto barges and taken to Dharamtar jetty. The Customs authorities added the barge transportation charges to the assessable value under Section 14 of the Customs Act, 1962, invoking Rule 9(2) of the …

The appellant, Yedla Srinivasa Rao, repeatedly promised to marry a girl aged between 15 and 16 years, forcibly had sexual intercourse with her, and continued the liaison even after she became pregnant, later refusing to marry her and absconding. The girl reported the matter to the village Panchayat and the police, lead…

The appellant, Ritesh Chakravarti, was convicted under Section 8 of the NDPS Act for allegedly possessing 1,300 kg of opium seized during a raid based on a secret informer’s tip. The raid was led by a team that included Inspectors Sabiha Khatun and S.K. Bajpai, but only Sub‑Inspector Girwar Puri was examined, and his t…

The case arose from a property dispute within a joint family that escalated into a violent quarrel at a bus stop, where the deceased was assaulted with a firewood log and died the next day. Four accused were tried; two were convicted of murder (s.302 IPC read with s.34) and one of voluntarily causing hurt (s.324 IPC), …

The appellant Kailash and two associates entered the deceased Ramkishan’s house armed with an axe, lathi and musal over a land dispute. During a quarrel the deceased received a single blow; the prosecution alleged it was an incised wound caused by the sharp side of the axe, leading to a conviction under Section 302 IPC…

A cooperative bank owned a jeep that was requisitioned by the District Election Officer for election duties. The bank's driver, while under the officer's control, was instructed to clean a septic tank at the officer's residence and died due to a gas leak. The driver’s wife claimed compensation under the Workmen's Compe…

Feroz Ahmad, a Junior Engineer appointed in 1976, sought a pay‑scale upgradation with seniority, which was denied while junior diploma‑holders received the benefit. He filed a writ petition; the Delhi High Court dismissed it, and a Letters Patent Appeal was also dismissed. On appeal, the Supreme Court examined whether …

Deposit collectors employed under various banks' Daily Deposit Schemes raised an industrial dispute seeking regular pay scales and service conditions. The dispute was referred to the Industrial Tribunal under Section 18(3)(d) of the Industrial Disputes Act, 1947, which awarded their absorption as regular staff and othe…

The Board of Trustees for the Port of Calcutta, constituted under the Major Port Trusts Act, 1963, owned land leased to Everest Industries Ltd. and another party. Upon lease expiry, a 1996 notification altered the rent schedule, imposing a non‑refundable premium equal to four years' rent and annual rent escalations, re…

Kerala State Financial Enterprises Ltd., a government company, advanced a loan to Mis Concert Capital Ltd. and its sister concern, which defaulted. The appellant initiated recovery proceedings under the Kerala Revenue Recovery Act, 1968, resulting in attachment of the debtor's assets. While the debtor was undergoing vo…

The parties, who were co‑sharers, filed a suit for permanent injunction which was settled by a consent decree under Order 23, Rule 1 of the CPC allocating shares in the disputed property. The respondents sought mutation of their names in the revenue records based on that decree, but the revenue authorities refused, sta…

The case concerned the devolution of a Mitakshara coparcenary property after the death of Babu Ram in 1989, who left two sons (born 1938 and 1956) and three daughters. The trial court held part of the property to be separate and part ancestral; the appellate courts affirmed, while the High Court held that the pre‑1956 …

The Commissioner of Central Excise appealed against the CESTAT order that held zinc dross and flux skimming, by-products of aluminium sheet manufacture, to be non‑excisable. The Revenue argued that the revised Central Excise Tariff (heading 26.20) now classifies such residues as "ash and residues" and that their high a…

The Bank, a co‑operative society, had a gratuity scheme offering 26 days' wages per year of service with a ceiling of Rs 2.5 million. Under the Payment of Gratuity Act, 1972 (as amended), the statutory rate is 15 days' wages with a ceiling of Rs 3.5 million. After retirement, the employees claimed the benefit of both t…

Motilal Saraf, a former manager of the State Bank of India, was repeatedly charged under the Jammu & Kashmir Prevention of Corruption Act for allegedly receiving illegal gratification. After an initial charge sheet was quashed by the High Court for lack of a valid sanction, the State filed fresh charge sheets on the sa…

The appellants, S. Chinnasamy and R. Soundarajan, were found operating a seed shop without a valid licence and in violation of the Seeds (Control) Order, 1983. A seed inspector seized a small quantity of cotton and tomato seeds, noted the absence of a price list and records, and the Special Judge convicted them under t…

The appellant, Tarakeshwar Sahu, was convicted by the trial court and the Jharkhand High Court of rape under sections 376/511 IPC for forcibly taking a 12‑year‑old girl to his gumti with intent to commit sexual intercourse, although the girl was rescued before any act was completed. The Supreme Court examined whether t…

Ghanshyam, a tenant, alleged that his landlord Surya Prasad (respondent No.3) illegally evicted him with armed men on 8 November 1986, causing serious injuries. An FIR under Sections 147 and 307 IPC was lodged and a charge‑sheet filed, but the Public Prosecutor later moved an application under Section 321 of the Crimin…

The defendants, owners of excess land under the Urban Land (Ceiling & Regulation) Act, 1976, entered into a sale agreement with the plaintiffs that was expressly conditioned on obtaining a statutory sanction. The competent authority refused the sanction, stating that no 1,000 sq. metres of vacant land were available fo…

Ramdev Food Products Pvt. Ltd., the registered proprietor of the trademark "Ramdev", sued its former family partners who were operating under the name "Ramdev Masala" for infringing its mark by manufacturing and selling spices under that name. The parties had earlier entered into a user agreement and a Memorandum of Un…

The appellant, JSW Steel, was setting up a steel plant in Bellary, Karnataka and entered into a pipeline supply agreement with the respondent, Jindal Praxair, which contained an arbitration clause specifying Bombay as the seat of arbitration. A dispute arose and the respondent filed a petition under Section 9 of the Ar…

The Elamkulam Village Co-operative Society Ltd operated a private market under a licence issued by the Corporation of Kochi. It failed to renew the licence for the year 1997-98 and submitted a belated renewal application in August 1998 for both 1997-98 and 1998-99, which the Corporation rejected. The Society challenged…

The Supreme Court examined a series of appeals challenging the grant of an industrial licence to Al‑Kabeer Exports Ltd. for a mechanised slaughter‑house in Medak district, Andhra Pradesh. The petitioners argued that the licence violated location prohibitions, environmental standards, the Andhra Pradesh Prohibition of C…

The consumer purchased a Maruti car that developed a clutch defect within the warranty period. Despite multiple attempts, the company and its authorized dealer failed to rectify the defect. The consumer filed a complaint under Section 17 of the J&K Consumer Protection Act, 1988 seeking a refund of the purchase price an…

The appellant obstructed delivery of possession of land that the respondent had obtained by decree. The respondent filed an application under Section 151 CPC before the executing court, which recorded evidence and adjudicated the matter, effectively treating it as an application under Order XXI Rule 97. The executing c…

The respondents, manufacturers of brass sanitary fittings, used the stylised brand name "ARK" belonging to Mis Arkson Pvt Ltd, a trader, while claiming exemption under Notification No. 175/86-CE for small scale units. The Revenue argued that the exemption was unavailable because the brand name of another person, not el…

The case involved seventeen police officials charged under Sections 302, 34 and 201, 34 IPC for the alleged custodial death of a suspect, Dilip, during interrogation. The prosecution relied on eye‑witnesses, many of whom had criminal records, and on fingerprint/thumb‑impression evidence to identify the dead body, but s…

The respondents were appointed as Co‑operative Supervisors, a non‑government post under the Co‑operative Federation Authority, and later promoted to the government post of Co‑operative Inspector Grade‑II. Upon retirement they filed petitions claiming that their service as Supervisors should be counted for computing pen…

The Bar Council of India (BCI) challenged two Allahabad High Court writ orders that upheld the appointment of a philosopher, respondent No. 5, as Principal of Dayanand College of Law despite his lack of legal qualifications. The High Court had held that the Uttar Pradesh State Universities Act, 1973, being a later stat…

The Union of India appealed a High Court order that had allowed a group of former Bureau of Indian Standards employees, who were members of the Contributory Provident Fund (CPF) scheme, to be deemed members of the pension scheme without any liability on the Union. The employees had not exercised the option to remain in…

The respondent filed a claim under Section 33C(2) of the Industrial Disputes Act, 1947 seeking arrears of salary, leave encashment and dearness allowance arising from the 5th Pay Commission recommendations. The Labour Court ordered payment, and the High Court upheld that order. On appeal, the Supreme Court held that Se…

The Supreme Court was asked to clarify whether seniority and promotion granted to certain Telegraph Engineering Service officers, based on earlier judgments of the Allahabad High Court and the Central Administrative Tribunal that had attained finality, could be altered by later Supreme Court judgments interpreting the …

Seema Ghosh, the widow of Nani Gopal Ghosh, challenged an award of the Labour Court that granted back wages on the ground that her husband had been illegally superannuated. The workman had joined Tata Iron & Steel in 1947, his date of birth was initially recorded as 01‑11‑1923 based on a medical officer’s assessment, a…

Ganesh Bank, Kurundwad Ltd. incurred large losses in 2004‑05 and the Reserve Bank of India (RBI) imposed a three‑month moratorium on 7 January 2006 under section 45 of the Banking Regulation Act, 1950, appointing two of its own directors to the bank’s board. The RBI then proposed, and the Central Government sanctioned,…

B. Srinivasa Reddy, a retired Chief Engineer, was re‑appointed as Managing Director of the Karnataka Urban Water Supply & Drainage Board on a contractual basis "until further orders". The Karnataka Urban Water Supply & Drainage Board Employees' Association, an unregistered trade union, challenged the appointment by fil…

A dispute over water flow escalated into a roof‑side gunfight in which Lachman Singh, Dev Singh and Randhir Singh fired a revolver, killing Naib Singh and injuring several others. The trial court convicted all three under Section 302 IPC, Section 307 IPC with Section 34, and under the Arms Act. On appeal, the Supreme C…

Mansaram Nainwal, a bus driver of Uttaranchal Road Transport Corporation, was dismissed after a departmental inquiry found him guilty of rash driving that caused a fatal accident. The Labour Court upheld the dismissal, but he was acquitted in the parallel criminal trial. The High Court, relying on Capt. M. Paul Anthony…

The plaintiffs filed a suit for declaration of tenancy and injunction, but the plaintiff died and his legal representatives were added. After years of inactivity, the suit was posted before the trial judge under Rule 35 of the Calcutta High Court Original Side Rules and dismissed for non‑prosecution; the dismissal orde…

The Supreme Court examined whether the sale of lottery tickets falls within the definition of "goods" for the purpose of State sales tax statutes. The Court held that a lottery ticket is merely a token evidencing a chance to win a prize, which constitutes an actionable claim under the Transfer of Property Act, not a mo…

An employer had taken a Workmen's Compensation insurance policy with New India Assurance. After a workman's death, the Workmen's Compensation Commissioner awarded Rs. 2,25,220 plus 9% interest and directed the insurer to pay the amount. The insurer appealed, contending that its policy expressly excluded liability for i…

P.O. Agrawal, a junior manager of State Bank of India, was repeatedly accused of misbehaving with senior officers and customers, leading to suspension and a series of disciplinary proceedings. After being acquitted in criminal trials, the bank’s disciplinary authority dismissed him, despite one charge being disproved. …

Oswal Woolen Mills Ltd., an industrial electricity consumer, was subjected to a 17.5% surcharge by the Punjab State Electricity Board (PSEB) under circulars dated 21‑Jan‑1991 and 03‑May‑1991, which stipulated payment until the mill upgraded its supply from 11 kV to 33 kV or higher. The mill challenged the levy, arguing…

The appellant Surendra Singh was prosecuted for the death of Ram Singh after a dispute over cattle damage to agricultural fields. The prosecution alleged that after a heated exchange and scuffle, the appellant’s elder brother Rajendra Singh urged him to kill Ram Singh, leading the appellant to fire a single shot that s…

Four former employees of U.P. Jal Nigam were deputed to the Ghaziabad Development Authority. The State offered them permanent absorption into the Development Authority Centralised Service on the condition that their past service in Jal Nigam would not be counted for seniority and that they would rank below officers app…

ICICI Bank and two other banks (first charge holders) and Punjab National Bank (second charge holder) had secured loans to Sidco Leathers Ltd., which was wound up and an Official Liquidator appointed. The first charge holders filed a suit in the Debt Recovery Tribunal and lodged a claim with the Official Liquidator, wh…

The petitioners, comprising judges of Small Causes Courts of Bombay and Gujarat, chief judges, metropolitan magistrates and assistant judges, challenged the placement of their posts in the newly created Category 2 of the three‑tier judicial cadre, alleging demotion and violation of the Shetty Commission’s recommendatio…

The Union of India granted FM broadcasting licences to ten operators, including Millenium Mumbai Broadcast Ltd., with a requirement to co‑locate transmission facilities. Five operators defaulted, leading the licensor to allow the remaining five to use interim facilities and later require them to pay an increased licenc…

The President of the Southern India Undivided Church (SIUC) challenged Kerala State notifications that treated Hindu Nadars and Christian Nadars as a single Other Backward Class for reservation purposes under Article 16(4) of the Constitution. The Kerala High Court had held those notifications illegal, directing that t…

Respondent No. I (Allahabad Bank) instituted a suit against appellant Punjab & Sind Bank for recovery of a large sum. The appellant moved to dismiss the suit, contending that the Supreme Court's directives in the ONGC‑1 case required disputes involving the Government or its undertakings to be referred first to an in‑ho…

The petitioners, a Christian member of the Jaintia Scheduled Tribe, challenged Section 3(1) of the United Khasi Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959, which required the election of the Doloi (chief) to follow the tribal custom that the office must perform both a…

The Rajasthan Government dissolved Avas Vikas Sansthan (AVS) after it incurred heavy losses and offered its 604 employees alternative employment in various local bodies, conditional on affidavits that they would not claim continuity of service or pay protection. The employees accepted the scheme, but the Rajasthan High…

Madhukar Nowlakha entered into a sale agreement for premises that was later purportedly cancelled. He filed a suit for specific performance and, after settlement talks, applied to withdraw the suit without seeking leave to file a fresh suit. The trial court allowed the withdrawal but refused to recall the order when No…

Allottees of residential and commercial plots in Chandigarh were required to pay the balance of the premium in instalments, together with interest, penalty and ground rent, after an initial payment. They contended that the State could not demand these payments until basic amenities such as roads, water supply and drain…

An eight‑year‑old girl belonging to a Scheduled Caste was allegedly raped by Dinesh @ Buddha on the night of 5 February 1998. The trial court convicted him under IPC Section 376(2)(f) (rape of a child under 12) and under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, sentencing him to life imprisonment an…

The Supreme Court examined whether an aided minority college could be bound by Section 57(3) of the Kerala University Act, which requires the principal to be appointed on a seniority‑cum‑fitness basis. The college, a minority institution, had appointed Rev. Daniel as principal, a decision challenged by senior lecturers…

Naveen Chandra and his parents were convicted for the murder of three members of a rival family. The appellant claimed that the killings occurred in a sudden quarrel, were provoked, and were in self‑defence. The Supreme Court examined whether Exception 4 to Section 300 IPC (sudden fight) applied and whether the right o…

The Supreme Court examined a Public Interest Litigation concerning the Taj Heritage Corridor project, which alleged irregularities and unauthorized release of Rs. 17 crore. The Court had earlier ordered a CBI inquiry and later directed the CBI to register an FIR and investigate senior officials. The Director of CBI sub…

Indian Oil Corporation Ltd. (IOC) purchased petroleum products from Bongaigaon Refinery & Petrochemicals Ltd. (BRPL) and paid sales tax at the time of purchase under the Assam General Sales Tax Act, 1993. It later resold the same products at government‑fixed prices that included a surcharge to be remitted to the Oil Po…

The case involved a lease dated 13 January 1969 for 21 years between the appellants (lessors) and the respondent (lessee) which contained a clause allowing either party to terminate the lease before its expiry. The lessor served a notice of determination in 1972 and obtained an eviction decree under the Transfer of Pro…

The appellants, Narinder Singh and others, filed a writ petition challenging the denial of grace marks under Rule 3.8 of the Police Training College Manual. They contended that the High Court dismissed their petition without considering several substantive pleas, including alleged procedural irregularities in their tra…

Syed Ibrahim was convicted under Section 302 IPC for the murder of his wife based solely on the testimony of the deceased's father, PW I. The High Court upheld the conviction despite noting inconsistencies in PW I's evidence. On appeal, the Supreme Court examined whether a conviction can rest on a solitary witness whos…

The case involved six accused, of whom four were convicted under IPC sections 307/34, 324/34 and 323/34 for a violent assault. The trial court sentenced them, and the High Court upheld convictions under sections 324/34 and 323/34 but acquitted on 307/34. On appeal, the accused argued that the High Court failed to consi…

The appellant R.S. Garg challenged the promotion of a Scheduled Caste employee (the 3rd respondent) to Deputy Director of Factories (Administration) in Uttar Pradesh. The employee had been appointed on an ad‑hoc basis in violation of the Uttar Pradesh Labour Department (Factories and Boilers Division) Officers Service …

The appellant, a former Deputy General Manager of State Bank of India, sought promotion to General Manager (TEGS VII) and an extension of service beyond the age of superannuation. Both claims were rejected by the Bank after a structured interview and a three‑member committee assessment, respectively. The appellant alle…

Ram Pal Chouhan, a staff member of Marwar Gramin Bank, was dismissed under Regulation 30(1)(f)/(t) of the Bank's Service Regulations for alleged illegal gratification and other misconduct, including charges relating to cash‑book irregularities (charges 6 and 7). He challenged the dismissal by filing a writ petition; th…

The appellant, Guddu, was accused of raping a minor girl, Sushama, after entering her home while her parents were away, removing her underwear and sitting on her. The victim, her mother, and her grandfather testified to the incident, and a medical examination revealed swelling and redness of the genitalia with an intac…

Halwasiya Vidya Vihar, a senior secondary school, was originally contributing to a state‑run contributory provident fund scheme. After affiliating to the CBSE, it was directed by the Regional Provident Fund Commissioner to adopt the Employees Provident Funds and Miscellaneous Provisions Act, 1952 scheme retrospectively…

Hindustan Poles Corporation imported duty‑paid electric‑resistant steel pipes and welded three pipes of different diameters together to form stepped transmission poles. The Central Excise authorities issued show‑cause notices asserting that this welding created a new product liable to excise under the residuary entry, …

The Supreme Court examined a writ petition filed by the Mullaperiyar Environmental Protection Forum seeking to set aside the 1886 lease agreement and related provisions, and to prevent the raising of the Mullaperiyar Dam water level beyond 136 ft. The Court held that Section 108 of the States Reorganisation Act, 1956, …

Sandvik Asia Ltd. received refunds for assessment years 1977-78, 1978-79, 1981-82 and 1982-83 and was entitled to interest under Sections 214 and 244 of the Income Tax Act, 1961. The Income Tax Department delayed payment of that interest for periods ranging from 12 to 17 years. The appellant filed writ petitions claimi…

The workmen of Bhurkunda Colliery, employed as civil engineering workers since the mine's takeover by Central Coalfields Ltd., claimed that they should be regularised as casual workers and eventually become permanent employees. The Central Government Industrial Tribunal directed that 74 of the 104 remaining workmen who…

The deceased Amarjit Kaur died from severe burns after allegedly being set alight by her husband Balbir Singh and mother‑in‑law Nachattar Kaur. Two dying declarations were recorded – one by a doctor in the hospital and another by a police sub‑inspector – both implicating the husband, while the second also named the mot…

The State of Bihar advertised 225 posts of Livestock Assistants and selected Amrendra Kumar Mishra in 1992. Although an appointment letter was allegedly sent, Mishra did not join and later claimed he never received it, filing representations in 1994, 1995, 1999 and 2000. After a writ petition in 2001, the Patna High Co…

Denin Leathers Ltd obtained a term loan from the Pradeshiya Industrial and Investment Corporation (PICUP) and mortgaged its immovable property. After the company converted to a public limited company, recovery certificates were issued against several guarantors, including the appellant Ashok Mahajan, under the Uttar Pr…

The Steel Authority of India Ltd., a government company, engaged contractors to manufacture steel, and workers employed by those contractors claimed they were permanent employees of the company and sought absorption. The State Government referred the dispute to a Labour Court under Section 10(1)(c) of the Industrial Di…

The case concerned whether a railway employee who retired on 31 January 1995 was entitled to gratuity under the Payment of Gratuity Act, 1972 or whether the Railway Services (Pension) Rules, 1993 governed his benefit. The Union of India argued that Section 2(e) of the 1972 Act expressly excludes persons holding a post …

The appellant Sadhu Singh was declared elected Sarpanch of a Gram Panchayat by a margin of 11 votes. The respondent Darshan Singh filed an election petition alleging that 147 votes were wrongly rejected and that 25 of his ballots were intermingled with those of the appellant, and sought a recount. The Election Tribunal…

Vijay was elected a member of a Grampanchayat in 2000 and later elected as a Councillor of the Zilla Parishad. An amendment to Section 14(1)(J‑2) of the Bombay Village Panchayats Act, 1958, effective 8 August 2003, disqualified any person who had been elected as a Councillor of the Zilla Parishad from continuing as a P…

The Mineral Exploration Corporation (MECL) employed a large number of workers on so‑called contingent or temporary contracts for projects that lasted many years. The workers, who had served between eight and twenty years, claimed regularisation and regular pay‑scales under the Industrial Disputes Act, 1947. The Industr…

Mettur Beardsell Ltd, facing financial difficulties, transferred its textile operations to its wholly‑owned subsidiary Mettur Textile Pvt. Ltd. The workers were individually notified and several unions entered into settlements under Section 12(3) of the Industrial Disputes Act, agreeing to become employees of the subsi…

The Supreme Court examined whether the Board of Industrial and Financial Reconstruction (BIFR) could, under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), direct the State of Uttar Pradesh to pay the wages of workmen employed by M/s. UPTRON, a sick company that is a subsidiary of a wholly‑state‑ow…

The assessee, a general insurance company, incurred Rs. 1,04,28,500 as stamp duty and registration fees in connection with the increase of its authorized share capital and the issuance of bonus shares. The Assessing Officer disallowed the amount as capital expenditure, but the Commissioner of Income Tax (Appeals) allow…

The State of Andhra Pradesh awarded a canal construction contract to Mis. Pioneer Builders, which later failed to complete the work and was expelled. The contractor filed a petition under Sections 8 and 20 of the Arbitration Act, 1940, seeking arbitration or a civil suit, and later applied for amendment of the plaint, …

The appellants, directly recruited Forest Rangers in Uttar Pradesh (now Uttaranchal), challenged a High Court order that gave seniority to promotee Forest Rangers who had been elevated beyond the statutory promotion quota. The Court examined the U.P. Government Servants Seniority Rules, 1991, particularly Rule 8, and h…

The Sarva Shramik Sangh and the Vegetable Vitamin Foods Employees Union filed applications for trade union recognition under the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act in 1988 and 2003 respectively. The High Court remanded the matters to the Industrial Court, directing it t…

Maqbool Ahmad was selected as an Assistant Engineer in 1970 and initially served in the Irrigation Department before being transferred to the Public Works Department (PWD) in 1977 without a break in service. He claimed entitlement to selection grade (after 16 years) and supertime scale (after 18 years) based on a 1968 …

The appellant, Santosh Kumar, was convicted under Section 376(2)(g) IPC for raping the prosecutrix, Halki Bai, inside a bus. The prosecution relied on the victim’s testimony, corroborating statements of two constables who entered the bus after hearing shrieks, and a hostile witness who partially supported the prosecuti…

The respondents filed a suit under Section 34 of the Trust Act seeking management of Vidyodaya Trust, and the District Court allowed the suit by granting leave under Section 92 of the CPC after deciding a preliminary issue on its maintainability. The appellants challenged this order, filing a revision petition under Se…

The predecessor of M/s. Royal Parasdise Hotel (P) Ltd. constructed a building within 50 metres of a highway in a controlled area, violating the Punjab Scheduled Road and Controlled Areas (Restriction of Unregulated Development) Act, 1963. Notices under Section 12 of the Act directed the builder to stop work and later o…

The documentary "Father, Son and Holy War" produced by Anand Patwardhan, dealing with oppression of women, masculinity, and communal violence, was submitted to Doordarshan for telecast in 1995. Doordarshan refused, citing an internal circular that barred the telecast of any film certified "A" by the Central Board of Fi…

Amrit Paper, a manufacturer of paper, claimed exemption from central excise duty for March 2000 under Notification No. 6/2000‑CE. The company initially availed Modvat credit on input duty and cleared the goods at nil rate, but later reversed the credit, paid the duty and sought a refund of the credit. The Assistant Com…

The Supreme Court examined whether the Kerala High Court correctly disposed of three second appeals without first formulating any substantial question of law, as required by Section 100 of the Code of Civil Procedure, 1908. The respondents argued that the proviso to sub‑section (5) of Section 100 allowed the High Court…

The Employees State Insurance Corporation (ESIC) challenged a High Court order that required employers to implement a wage‑limit amendment (raising the ceiling from Rs 3,000 to Rs 6,500) only from the date of the judgment (16 Mar 2004) rather than from the date of the notification (1 Jan 1997). The amendment was made b…

The Uttar Pradesh Power Corporation installed electronic meters capable of downloading 35 days of consumption data and issued circulars (15 Oct 1998 and 7 Apr 1999) prescribing penalties for each violation of peak‑hour restrictions. Consumers challenged the corporation's demand for penalties, arguing that a single Mete…

The appellant issued a cheque of Rs.1,25,000 which was dishonoured for insufficient funds. The respondent sent a legal notice by registered post, which was returned unserved with the endorsement "party not in station arrival not known". A complaint under Section 138 of the Negotiable Instruments Act was filed and a cri…

Y. Surender Reddy, an APSRTC employee, sought appointment as Assistant Motor Vehicle Inspector through an application under Section 19 of the Administrative Tribunal Act, 1985. The Tribunal dismissed the application, deeming him a corporation employee, and the High Court later directed the Surplus Manpower Cell to cons…

The appellant claimed full compensation for two consignments of salt that were not delivered. The Railways admitted liability only partially and sent two cheques with a letter stating that if the offer was not acceptable, the cheques should be returned, otherwise their retention or encashment would constitute full and …

The employee Chunilal Nanda was suspended by Midnapore Peoples' Co‑op. Bank Ltd. and challenged the suspension through multiple writ petitions. The High Court, in contempt proceedings, ordered his reinstatement, payment of arrears and the revocation of his suspension, and also directed the removal of the appointed Enqu…

The appellant Klassic Construction entered into a construction contract with the Army Welfare Housing Organisation that contained an arbitration clause requiring disputes to be referred to a sole arbitrator appointed by the Chairman. After an earlier arbitrator could not complete the proceedings, the Supreme Court dire…

Ajit Singh, a common ancestor, sold ancestral land to Bishan Singh without consideration. Joginder Singh, a descendant, sued to declare the sale void and protect his reversionary rights, obtaining a decree that the sale would not affect those rights after Ajit Singh's death. A compromise was later reached between Jogin…

Mst. Sugani entered into an agreement to sell a house to Mahadeo on 13‑12‑1975 for Rs 7,000, paying Rs 5,000 as earnest money. Registration was barred by a prohibition on urban property sales, and Mahadeo later executed a sale deed in favour of Rameshwar Das and Jamuna Prasad. Sugani sued for specific performance on 3‑…

The appellants obtained a decree for eviction of the respondents. While the respondents' appeal was pending, the parties entered into an agreement to withdraw the appeal and not to execute the decree, conditional upon the execution of a sale deed. The appellants later filed an execution application; the executing court…

The appellants Budhan Singh and others were convicted under Section 201 of the Indian Penal Code for causing the disappearance of evidence after allegedly snatching away the injured deceased’s body from a cot at the scene of a shooting. The prosecution alleged that the accused, armed and present, assisted in removing t…

The dispute concerned the appointment of a sole trustee for the Karveer Peeth, a public trust registered under the Bombay Public Trust Act, after the Charity Commissioner appointed the second respondent under s.47. The appellant argued that the presiding Swami must be a sannyasi and that clause 5 of the 1963 scheme, to…

The appellant, an employee of Bihar State Cooperative Marketing Union Ltd (BISCOMAUN), had not received his salary since January 1996 and filed a writ petition in the Patna High Court. A Single Judge ordered the employer to pay the salary and suggested winding up the organization, but a Division Bench reversed that ord…

The appellant Jitendra Ram (Jitu) was convicted of murder and abetment of suicide under Sections 302 and 201 of the IPC and sentenced to life imprisonment. He contended before the Supreme Court that he was a minor at the time of the offence (18‑11‑1985) and therefore entitled to the protection of the Bihar Children Act…

The case arose from the merger of Murphy India Ltd. with CEAT Ltd., after which 45 workmen were appointed on a temporary basis on 1‑Feb‑1991 and placed on probation. A Memorandum of Settlement dated 29‑Apr‑1991 provided benefits to "permanent workmen" on the rolls as of 31‑Dec‑1990. The workmen claimed that, upon succe…

S.S. Rana, a Branch Manager of Kangra Central Co‑operative Bank Ltd., was terminated after a disciplinary proceeding under Rule 56(b) of the bank's employee rules read with Section 35‑B(4) of the Himachal Pradesh Co‑operative Societies Act, 1968. He appealed the termination, which was dismissed, and then filed a writ p…

Kulwant Kaur was appointed temporarily as a primary school teacher in Rajasthan with only a diploma in tailoring, lacking the statutory qualifications of matriculation and Basic Short Training Certificate (BSTC) required under the Rajasthan Panchayat Samiti & Zila Parishad Service Rules, 1959 (later superseded by the 1…

Bir Singh approached a police out‑post seeking police escort to his village amid a reported faction fight. The Assistant Sub‑Inspector declined, asking him to stay, after which Bir Singh assaulted the officer with a khukhri, inflicting multiple grievous injuries. The assault was witnessed by two constables who overpowe…

Harbans Lal Joshi executed a will on 3 January 1980, which later became the subject of a probate application filed by Gurswaroop Joshi under Section 276 of the Indian Succession Act, 1925. The trial court granted probate, but the widow and other heirs appealed, contending that certain clauses in the will were vague. Th…

The appellant, an Assistant Engineer, removed a tea stall from a hospital campus on the explicit direction of the Executive Engineer, in accordance with a government policy to eliminate kiosks for public health reasons. A complaint was filed by the stall owner's husband, but it made no allegation against the appellant;…

Syed Hussain, a police constable, stood as surety for Ahmed Qureshi, a hardened criminal involved in 32 snatching cases, and allegedly helped other accused obtain bail. The disciplinary authority found him guilty of misconduct and ordered his removal from service. The Andhra Pradesh Administrative Tribunal upheld the r…

The deceased Kayyum gave three dying declarations after being assaulted. The first (before a doctor) and second (before a magistrate) named Syed Shaukat and Salim but not Mohammed Arshad; the third (before an investigating officer) named Arshad as having struck the victim with a wooden stick, citing a monetary dispute.…

The appellant was convicted for kidnapping two boys and for offences under Sections 364 and 365 IPC, read with Sections 120‑B and 201 IPC. The trial court sentenced him to ten years each for the two counts of kidnapping (total 20 years) and the High Court upheld the conviction and ordered the sentences to run consecuti…

Vikramjit Singh (Vicky) was convicted by the Sessions Court and sentenced to death for the murder of his wife, Meena Rani, based on a prosecution case that alleged he killed her due to an illicit relationship. The prosecution relied on a knife allegedly recovered after a confession, jewellery found nearby, and a series…

The appellants were stopped on a scooter and opium was seized from the vehicle, leading to their arrest under the NDPS Act. The trial court acquitted them, holding that the search and seizure were vitiated because Sections 42 and 50 of the NDPS Act were not complied with and the seizure witnesses were hostile. The High…

Babubhai Udesinh Parmar was convicted of raping and murdering a minor girl, Savita, primarily on the basis of a confession recorded by a Chief Judicial Magistrate under Section 164 of the Cr.P.C. The Supreme Court found that the confession was recorded without observing the statutory safeguards: it was taken on oath (w…

The appellants were convicted for kidnapping and murdering two children based largely on circumstantial evidence, including the testimony of a child witness, a taxi driver, extra‑judicial confessions, fingerprint matches, recovered clothing, and a ransom‑demand letter. The trial and High Courts upheld the convictions a…

The accused were charged under Sections 302 and 34 IPC and Section 27 of the Arms Act for the murder of Shivnandan Prasad. Eye‑witnesses identified Brijandan Prasad as the sole shooter, while the other four accused were alleged to have participated in brick‑batting but not in firing. The defence argued that discrepanci…

The appellant, the brother of the deceased Achamma, alleged that his sister’s death was not a natural heart‑failure but a murder concealed as suicide. After exhumation and a post‑mortem indicating organophosphorus poisoning, the CB‑CID investigated and charged the husband under Section 306 IPC (abetment of suicide) and…

The appellant, Anil Raju Namdev Patil, was convicted of kidnapping a five‑year‑old boy for ransom, the boy’s murder and related offences, and sentenced to death and five years’ rigorous imprisonment. He appealed, arguing that the charge of kidnapping for ransom with intent to murder (Section 364‑A IPC) was never framed…

Shashikant S. Pujari was appointed as a part‑time lecturer on a clock‑hour basis in 1983 and later served intermittently as a full‑time lecturer without the requisite approval of the University Selection Committee and without satisfying the qualifications prescribed under the University Grants Commission (UGC) regulati…

The Meghalaya State Electricity Board framed service regulations in 1996 that required a Departmental Promotion Committee (DPC) to prepare a list of eligible employees each year, but only for vacancies that existed or were expected. The respondents became eligible for promotion in 2000, yet no DPC was convened because …

The State of Haryana, following a policy to regularise daily‑wage workers, terminated the services of several daily wagers. The Labour Court held that the workers had not been in continuous service for the requisite 240 days in the preceding 12 months, and therefore the retrenchment did not violate Sections 25F and 25G…

The Delhi Transport Corporation (DTC) constructed 300 tenements under a subsidised housing scheme and, after an amendment, passed resolutions in 1979 to sell these houses to retired industrial workers. The workers filed suit seeking a declaration that they were entitled to ownership, relying on the resolutions and alle…

J. Srinivasa Rao challenged a 1997 notification that altered the tax rate for Maxi Cabs from a fixed Rs 1,000 per vehicle to Rs 600 per seat, alleging it exceeded the ceiling prescribed in the Andhra Pradesh Motor Vehicles Taxation Act, 1963. The High Court dismissed the writ, holding that the schedule rate was valid a…

The respondents, temporary construction workers on muster roll, completed two years of service after 31 March 1982 and claimed regularisation and regular pay scale under arbitration awards of 1978 and 1979. The State Government constituted a Screening Committee in September 1983 to consider regularisation of workers wh…

The respondent, a Superintending Engineer of the West Bengal State Electricity Board, was suspended pending disciplinary proceedings that were later quashed by the High Court for denial of a reasonable hearing. He subsequently sued the Board for damages, claiming harassment and loss of reputation, and the trial court a…