Judgments of 2008

The State of Haryana secured a conviction under Section 17 of the NDPS Act for possession of 1.5 kg of opium seized after police stopped the accused at a railway station on suspicion. The Punjab and Haryana High Court acquitted the accused, holding that Section 50 of the NDPS Act was violated, that elaborate reasons fo…

The Commissioner of Sales Tax, Uttar Pradesh, appealed against a judgment of the Allahabad High Court which had allowed M/s Hind Lamps Ltd. to adjust alleged refundable tax amounts against tax payable for April, May and August 1977. The dealer claimed refunds for assessment years 1968-69 to 1971-72 and unilaterally adj…

Dr. P.L. Singla, a doctor employed by the State of Punjab, was found guilty of unauthorized absence from 1 June 1992 to 17 October 1997 and was punished by withholding five increments with cumulative effect. The Governor later granted him extraordinary leave for the same period, which the lower courts treated as condon…

The General Manager of ONGC appealed against the compensation awarded to landowners for the acquisition of 13.78 hectares in rural Gujarat. The Special Land Acquisition Officer had fixed a market price of Rs 2.10 per sq.m., while the owners claimed Rs 30 per sq.m. The Reference Court, using two earlier awards of Rs 10 …

Nirmal Chandra Sinha, a senior officer of the Indian Railway Service of Mechanical Engineers, was promoted to General Manager on 29 November 1996. He sought a notional promotion effective from 13 March 1996, claiming seniority and related benefits. The Central Administrative Tribunal rejected his claim, and the Andhra …

The case concerned the grant of probate of a 1999 will of Smt. Priyamvada Devi Birla (PDB) and earlier 1982 mutual wills executed by her and her husband. Several members of the Birla family filed caveats claiming a "caveatable interest" in the estate, while Rajendra Singh Lodha (RSL) sought probate and the discharge of…

Nahar Singh, an Assistant Grade‑III clerk in a Food Corporation of India godown, was found responsible for a shortage of 295 bags of wheat and 195 gunny bags discovered during a physical verification in January 1980. A departmental inquiry concluded that Singh, along with the in‑charge, was complicit in the loss, and t…

On 14 November 2000, Ishwar Dutt Bhat died in a road accident caused by a truck insured by National Insurance Co. Ltd. The driver, Gopal Singh, was later found to be holding a fake driving licence. The claimants, Bhat's legal heirs, filed a claim under Section 166 of the Motor Vehicles Act, 1988, and the Motor Vehicles…

The appellants were charged with murder under Sections 302, 148 and 149 of the IPC for allegedly assaulting Shrishail Shivappa Jagadale, resulting in his death with twenty injuries. The trial court acquitted them, relying on discrepancies between medical evidence on time of death and eyewitness accounts, and on the del…

The Supreme Court examined the validity of a preventive detention order issued under the Andhra Pradesh Prevention of Dangerous Activities Act, 1986 against several individuals described as "goondas". The High Court had quashed the order on the grounds that the cited incidents were stale, did not affect public order, a…

The respondent, a UCO Bank officer, was asked to show cause for disciplinary action just before his superannuation and a disciplinary proceeding was said to be initiated, but a charge sheet was only issued two years later. The bank dismissed him and the respondent challenged the dismissal. The Supreme Court examined wh…

The appellants, Mahalakshmi Sugar Mills and Govind Nagar Sugar Ltd., challenged the Central Government's fixation of levy‑sugar prices for the 1983‑84 and 1984‑85 sugar years, arguing that the government ignored the additional price payable to cane growers under clause 5A of the Sugarcane (Control) Order, 1966 and the …

The dispute concerned a disqualification clause in BSNL’s Notice Inviting Tender (NIT) that barred any contractor whose near‑relative was employed in any BSNL unit from submitting a bid. The petitioners argued that the restriction was arbitrary, especially when the relative held a low‑grade post (Class III or IV), and …

The appellants filed a Form‑7 under the Karnataka Land Reforms Act, 1961 claiming occupancy rights over certain survey numbers and later sought to amend the form to correct mis‑descriptions, adding land in two villages. The Land Tribunal rejected the claim, but the Land Reforms Appellate Authority allowed it, holding t…

The respondent, Jagjivan Parshad, a gardener, was terminated from service in 1997. The Labour Court, under Section 10(1)(c) of the Industrial Disputes Act, 1947, held the termination illegal and ordered reinstatement with 50% back wages, finding that he had worked more than 240 days. A writ petition challenging the awa…

The respondent, claiming to be a freedom fighter, applied for a freedom fighter's pension on 28 July 1981, which was rejected by the Central Government in 1993. He filed a writ petition before the Calcutta High Court, which was allowed on 4 August 1993, directing the government to release the pension. The government ap…

The Indian Explosive Limited, a urea manufacturer, employed several licensed contractors who in turn engaged workers. The Fertilizer Workers Union sought regularisation of these workers under Rule 25(v)(a) of the Uttar Pradesh Contract Labour Rules, arguing they performed work similar to the company's own workmen and d…

The appellant, a purchaser, challenged orders of the ceiling authorities under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, first through writ petitions raising the jurisdiction of those authorities, which were dismissed by the High Court. He then filed a title suit seeki…

The appellants were convicted under IPC s.307 for a violent assault on two witnesses, after the trial court had acquitted them. The State appealed the acquittal under CrPC s.378, and the Madras High Court set aside the acquittal, finding the trial court's reasons untenable. The appellants contended that an appellate co…

Krishna Gopal Kakani, who had deposited a small margin for letters of credit with Bank of Baroda, sought the refund of surplus proceeds after the bank’s goods were auctioned and the sale proceeds were deposited with the court. After numerous notices, a failed adjustment proposal, and a dismissed writ petition, Kakani f…

The Labour Enforcement Officer issued a show‑cause notice under Section 7 of the Contract Labour (Regulation and Abolition) Act, 1970, alleging that the Reserve Bank of India’s College of Agricultural Banking had violated the Act. The principal of the college filed an application to quash the proceedings, contending th…

Pareena Swarup filed a public interest writ under Article 32 challenging sections of the Prevention of Money Laundering Act, 2002 and its 2007 appointment rules, alleging that the selection of members and chairpersons of the Adjudicating Authorities and Appellate Tribunal by a committee headed by the Revenue Secretary …

The State of Kerala appealed against a Division Bench judgment of the Kerala High Court that dismissed its writ petition. The High Court had relied on a Full Bench decision in Accountant General v. Kunjamma, despite a stay order in that case before this Court. The appellant argued that the High Court’s decision was inc…

The appellant, a telephone subscriber, challenged three telephone bills that he alleged were excessive due to meter reading errors. The dispute was referred to statutory arbitration under Section 78 of the Telegraph Act, 1885, where the arbitrator allowed a modest rebate on only one bill and upheld the others. The appe…

Ghurey Lal was tried for murder under IPC s.302 and related offences. The trial court acquitted him, finding that the prosecution's version of a single shot causing both a bullet wound to the deceased and pellet injuries to a witness was implausible, based on medical and ballistic expert testimony that two different fi…

Anil Mishra, a Deputy Commissioner of Central Excise & Customs, challenged an adverse entry for the year 2000‑01. He filed representations to the Chief Commissioner and the Central Government, both of which were rejected. He then moved an Original Application before the Central Administrative Tribunal alleging the entr…

The case arose from a violent incident on Holi in 1993 where Satya Narain Singh and his son Ambika Singh, along with several others, threw stones at a house and Ambika Singh fired a gun, killing one person and injuring others. The trial court convicted the accused under Sections 302, 148, 149 of the Indian Penal Code a…

Sixteen accused attacked the deceased with weapons, leading to his death. The trial court convicted all under sections 147, 148, 149, 302 and related provisions, and the High Court upheld convictions of some while acquitting others. On appeal, the Supreme Court examined whether the relatives of the deceased, who were k…

Godrej Pacific Tech Ltd. applied to the trial court for re‑examination of certain witnesses under Section 311 of the Code of Criminal Procedure, 1973. The trial court rejected the application, and the Punjab and Haryana High Court upheld that rejection. On appeal, the Supreme Court examined the scope and object of Sect…

The appellant purchased a Tata Sumo and insured it, renewing the policy on 13 February 2002 for Rs 3,54,000. The vehicle was involved in an accident on 10 September 2002 while the policy was in force. The insurer’s surveyor declared the vehicle a total loss and valued it at Rs 1,80,000, whereas the repair estimate was …

The Supreme Court examined Reliance Infocomm Ltd.'s challenge to BSNL's demand for Access Deficit Charges (ADC) on its "Unlimited Cordless" service, arguing that the service should be classified as Fixed Wireless Local Loop (WLL(F)) and thus exempt from ADC. The Court considered the definitions in the Telecommunication…

The Supreme Court examined whether a will dated 25‑9‑1981 could be proved under Sections 68 and 69 of the Evidence Act, 1872 and Section 63(1)(c) of the Indian Succession Act, 1925. The will was attested by two witnesses, one of whom had died and the other, Harnek Singh, was alive but was not examined because the plain…

The appellants filed a suit seeking a declaration that certain Bangalore properties were joint family assets, along with a preliminary decree of partition and a permanent injunction restraining the defendants from constructing or alienating the land. The defendants contended that the properties had been partitioned in …

The dispute arose from a lease agreement where Sushila Raje Holkar leased 16,000 sq ft of a 4.8‑acre property to Anil Kak (Retd.) and claimed that the remaining 1,27,721.6 sq ft was also covered by the lease. The respondent filed suits for specific performance and injunction, while the petitioner filed eviction and ren…

BSNL demanded Access Deficit Charges (ADC) from Tata Teleservices for its 'Walky' service for the period 14‑Nov‑2004 to 26‑Aug‑2005, alleging that the service should be classified as Wireless Local Loop Mobile (WLL(M)) and thus liable to ADC. Tata contended that 'Walky' was a fixed wireless (WLL(F)) portable device and…

Astamija Dash, a Management Trainee at Punjab National Bank, was terminated after failing to pass the bank's confirmation test despite being given three attempts and citing pregnancy‑related health issues. She claimed discrimination because another trainee, Indubala, was allowed a fourth attempt. The High Court held in…

The appellants were convicted only under IPC s.323 r/w s.34 for causing simple injuries, while the State did not appeal. The complainant filed a criminal revision before the High Court, which re‑examined the entire evidence, criticised the autopsy surgeon, held that the case was actually IPC s.302 with intent to cause …

M.L. Kalra, an officer of the New Bank of India (later merged with Punjab National Bank), was superannuated on 30 November 1994 while disciplinary proceedings were pending. The bank continued the proceedings and dismissed him on 22 March 1996. Kalra received provisional pension from the date of superannuation up to the…

The plaintiff obtained a loan of Rs 70.30 lakh, secured by a cheque drawn in the name of a partnership firm, and filed a suit for recovery along with an application for attachment before judgment under Order XXXVIII Rule 5 CPC. The High Court rejected the attachment, holding that the loan was not for the benefit of the…

A complaint under IPC sections 498A, 406, 323, 506, 148 and 149 alleged dowry harassment by the husband, his parents, brother and sister‑in‑law. The Additional Sessions Judge held that only the husband could be prosecuted, finding no material against the other accused. The Punjab and Haryana High Court reversed this in…

The appellants Venu @ Venugopal and others were convicted for robbery on a highway between sunset and sunrise, having threatened victims with a knife and seized jewellery and a scooter. The trial court convicted them under Section 395 IPC, but the Karnataka High Court altered the conviction to Section 392 IPC and uphel…

Vinod Kumar, a workman, challenged the termination of his services and the award of the Labour Court before the Allahabad High Court via a writ petition under Article 226 of the Constitution. The High Court listed the matter on 27‑08‑2003, reserved judgment on that day, and purportedly delivered its judgment on 19‑12‑2…

Sea Lark Fisheries, the owner of the vessel 'Sea Lark', obtained a marine insurance policy from United India Insurance through its bank. The vessel sank and the insurer repudiated the claim, alleging non‑seaworthiness and material non‑disclosure of facts such as the qualifications of the master and crew. The High Court…

The appellants, Ram Kumar and others, were allotted land in lieu of land acquired from their father, but the District Collector later revoked the order and directed that the land be handed over to the District Education Officer. The appellants served a notice under Section 80 of the CPC on the State Government through …

The Supreme Court examined an appeal by Balwant Singh and others against their convictions under Sections 498A, 304B and 306 of the IPC for the death of Renu Bala. The Court clarified that Sections 304B (dowry death) and 498A (cruelty) are distinct offences; cruelty as defined in the Explanation to 498A must be proved …

The State of Himachal Pradesh appealed the acquittal of Manoj Kumar, who was charged with rape, assault and criminal intimidation under Sections 376, 506 and 511 IPC. The trial court acquitted him on the basis of benefit of doubt, but the State sought leave to appeal under Section 378(3) of the Criminal Procedure Code.…

The Supreme Court considered a writ petition filed by the grandmother of a surrogate child, Baby Manji Yamada, challenging directions of the Rajasthan High Court that dealt with the custody and production of the child. The child was born to a surrogate mother in Gujarat to Japanese biological parents who had entered in…

The Supreme Court considered an appeal by the State of Punjab against a Punjab and Haryana High Court decision that had held ad‑hoc service of clerks should be counted for seniority. The respondents had been initially appointed on an ad‑hoc basis between 1978‑1987 and later regularized. The issue was whether Rule 8 of …

The appellant, a US‑based manufacturer of medical diagnostic equipment, negotiated with the respondents for the supply of a whole‑body CT scanner. The first offer lapsed, and a second quotation for a refurbished scanner was accepted, but the respondents failed to open a correct letter of credit and did not obtain the r…

The Supreme Court examined whether Section 11AC of the Central Excise Act, 1944 imposes a mandatory penalty for short levy or non‑levy of duty and whether mens rea is an essential element. The Court held that the provision creates a civil liability for breach of a statutory obligation and the penalty is mandatory, leav…

Rajiv Arora, a commissioned officer of the Indian Air Force, applied for premature retirement and received a good conduct certificate, but a disciplinary proceeding was later initiated against him with seven charges. A General Court Martial was convened, but the witnesses for the first three charges were not examined, …

The borrowers, residing in Jammu & Kashmir, had taken small loans (mostly under Rs 10,000) from Jammu Rural Bank and Jammu & Kashmir Bank to purchase sheep and buffaloes and to set up dairy units. While suits for recovery were pending, the Government of India introduced a Debt Relief Scheme waiving eligible loans up to…

The first respondent, a third‑party rider, suffered severe injuries when a truck insured by National Insurance Co. Ltd. (the appellant) collided with his vehicle. A cheque for the vehicle's premium was tendered before the accident but was later dishonoured; nevertheless, the insurer issued a cover note and, after the a…

The case concerned a matriculate ex‑serviceman with over 15 years of defence service who applied for a Group‑C Data Entry Operator post where the essential qualification was graduation with mathematics or statistics. Under a 1986 DOPT notification and Rule 6 of the Ex‑Servicemen (Re‑employment) Rules, such ex‑serviceme…

The appellants (mortgagees) challenged a High Court order that had extended time for the mortgagor to deposit the amount representing the value of improvements on mortgaged property. The trial court had repeatedly extended the deadline under Order XXXIV Rule 5 of the CPC, and the mortgagor eventually deposited the sum.…

Manjul Srivastava applied for a residential plot in the Ghaziabad Development Authority's 1988 housing scheme, paid the full amount and received a reservation letter, but after nine years was informed she had not been allotted a plot and was offered a refund with 5% interest. She claimed the cancellation was an unfair …

The appellant, a lineman in the Lakshadweep Electricity Department, claimed a higher pay scale after the Fourth Pay Commission because his post was classified as Group C. The Central Administrative Tribunal had granted his claim, but the High Court set it aside, relying on Union of India v. P.V. Hariharan. The appellan…

The accused, Rakesh Kumar, was convicted under Sections 366 and 376 of the Indian Penal Code for kidnapping and rape of a girl who was under sixteen years of age. The trial court sentenced him to three years rigorous imprisonment for the kidnapping and seven years for the rape; the Punjab and Haryana High Court reduced…

Hari Singh Gond was convicted of murder and related offences for beating his father‑in‑law, Harilal Gond, and setting fire to the house, resulting in the victim's death. The appellant claimed protection under Section 84 of the Indian Penal Code, asserting that he was of unsound mind at the time of the offence. The Supr…

The appellant, Bholu Ram, a clerk in a government school, was charged with forgery and cheating under IPC sections 409, 420, 467, 468 and 471. During trial he applied under CrPC s.319 to add the headmaster, Sher Singh, as an accused and the magistrate issued summons. The headmaster sought to recall the summons on the g…

The appellant, a co‑employee of Mahesh Deorao Bhivapurkar, challenged a High Court order that had declared Bhivapurkar a member of the Halba Scheduled Tribe and directed the employer to accept his caste certificate. The Supreme Court held that the High Court's decision was unsustainable, did not create res judicata, an…

The appellants attacked an informant and his brothers with weapons over a land dispute, causing injuries that led to a police complaint. They claimed they acted in private defence, but the trial court convicted one appellant under IPC Section 304 Part I (culpable homicide not amounting to murder) and the other two unde…

The Kerala State Electricity Board (KSEB) cut several fruit‑bearing trees, including rubber, coconut, pepper vines, and mango trees, to lay a 220 kV transmission line. The landowners claimed compensation for loss of yield, future age of the trees, and interest, contending that the High Court's award was based on an inc…

The appellant-plaintiffs Nune Prasad & Ors filed a suit asserting ownership of a property. The trial court and the first appellate court upheld their claim. The defendant filed a second appeal under Section 100 of the Code of Civil Procedure before the High Court, which set aside the lower judgments without formulating…

The petitioners, railway clerks belonging to the Scheduled Castes and Scheduled Tribes, challenged a Railway Board letter dated 9 October 2003 that applied the reservation policy to posts created by a cadre‑restructuring exercise in Group C and D. The Central Administrative Tribunal had struck down the reservation clau…

The Commissioner of Customs (Import) issued a show‑cause notice to M/s Hico Enterprises demanding recovery of duty on the basis of alleged contravention of conditions of Notification No. 203/92‑Cus relating to a Transferable Value Based Advance Licence (VABAL) that the appellant had purchased from the original licence …

The appellants Kesar Singh and another were excavating a foundation on land they owned when the victim, the father of a witness, demanded a passage. After being urged to "teach him a lesson," Kesar Singh struck the victim on the head with the reverse side of a spade, causing a serious head injury that led to death afte…

The Supreme Court examined a gang‑rape case where the victim, a married woman with two children, was found unconscious and naked after being chased and assaulted by six men. The victim suffered no external injuries, and the FIR was lodged a day after the incident. The Court held that lack of injury does not preclude a …

The appellant issued two cheques to the original complainant, who later died. A complaint under Section 138 read with Section 142 of the Negotiable Instruments Act was filed, and an application for substitution of the deceased complainant was made but remained pending. Because the legal heirs of the complainant were ab…

The appellants, former employees of a government‑owned sugar undertaking, opted for a Voluntary Retirement Scheme (VRS) and received the special compensation prescribed by a Government Order. They later claimed lay‑off compensation for a period preceding the VRS, filing applications under Section 33C(2) of the Industri…

In 1978 the appellant entered into a sale agreement with the respondent's father, representing that the land was already partitioned among co‑sharers and each held separate possession. The buyer paid part of the price and was given possession, but the seller failed to execute a sale deed, leading the buyer to sue for s…

Jagmohan Singh applied for a free‑hold residential plot under PUDA's scheme, deposited the required earnest money and was allotted a plot. The letter of intent required him to pay 15% of the price within 60 days, extendable by 30 days, failing which the earnest money would be forfeited. He sought extensions (granted up…

The appellant, Mumbai Agricultural Produce Market Committee, collected market fees and supervision charges on agricultural produce, including vanaspati, after the State of Maharashtra added the item to the Schedule of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963. Respondents Hindustan Lever Ltd…

The case concerned a dispute between the union USHA BRECO MAZDOOR SANGH and the management of M/s. USHA BRECO Ltd. over disciplinary action taken against two union leaders. The Labour Court, exercising jurisdiction under s.11‑A of the Industrial Disputes Act, 1947, upheld the validity of the domestic enquiry, re‑apprec…

Seven teachers were appointed in a private‑management school without complying with the Andhra Pradesh Educational Institutions Rules, 1993 – no prior permission, no advertisement, and no approval of appointments. Their services were not approved and they received no salary, prompting writ petitions that the High Court…

M/S Ormi Textiles, a partnership, obtained loans from the State Financial Corporation (SFC) secured by a mortgage on 800 sq. yards of its 1100 sq. yards industrial land. After the industrial unit became sick and defaulted, the SFC issued a notice under Section 29 of the State Financial Corporations Act, 1951, seeking t…

The appellant was detained for one year under Section 3(2) of the Karnataka Prevention of Dangerous Activities Act, 1985. The Karnataka High Court quashed the detention order on 1 September 2006, releasing him, but later set aside its own order on 30 March 2007 and directed the police to take the appellant back into cu…

M/s. Holani Auto Links Pvt. Ltd. entered into a dealership agreement with Castrol India Ltd. and stored over 33,000 litres of engine oil at its premises. The State Food Department seized the oil and, under the Madhya Pradesh Essential Commodities (Exhibition of Price & Price Control) Order, 1977, issued a show‑cause no…

Udaykumar Pandharinath Jadav (Munna) was convicted under Section 302 IPC for the murder of Shivraj. Two eye‑witnesses testified, and one witness, in cross‑examination, stated that the deceased first attacked the accused with a knife, leading to a scuffle in which the accused disarmed and stabbed the deceased. The accus…

The dispute concerned the spiritual heirship and control of the Shri Ram Chandra Mission, a religious society, after the death of its founder. Members of the society filed a suit seeking an ex‑parte injunction restraining P. Rajagopalachari from acting as President, which was later set aside by the High Court and the s…

The appellants filed a partition suit seeking declaration of their share in joint family property, relying on a preliminary decree that had earlier fixed their share. The respondents moved an application under Order VII Rule 11(d) of the CPC seeking rejection of the plaint on the ground that the suit was barred by law,…

The Motor Accident Claims Tribunal awarded Rs. 3,01,500 as compensation to the family of Shukurullah, who died after being hit by a scooter driven by Ram Surat, who held only a Heavy Motor Vehicle licence and not a valid licence for a two‑wheeler. Oriental Insurance Co. Ltd., the insurer of the scooter, appealed, argui…

Orient Ceramics & India Ltd imported two consignments of tiles and claimed they were unglazed porcelain tiles under tariff heading 6907.90, which is freely importable without a licence. Physical examination and tests by the Central Revenue Control Laboratory (CRCL) showed the tiles were glazed, which are classified und…

Hawkins Cookers Ltd manufactured aluminium cookware coated with satilon (and later tuflon), which makes the products non‑stick. The issue before the Supreme Court was whether such cookware should be taxed under Entry 5 of the First Schedule of the Kerala General Sales Tax Act, 1963 as “aluminium household utensils” or …

A bus owned by the Karnataka State Road Transport Corporation collided with a truck, injuring several passengers and the bus driver. Both the passengers and the driver filed claim petitions under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal. The Tribunal held the bus driver negl…

Satbir Singh Mahla, a Trained Graduate Teacher at Kendriya Vidyalaya No.1, Air Force Suratgarh, assaulted the school Principal on 23 February 1999, causing serious injury to the Principal's eye. Although he submitted a written apology, he was charge‑sheeted, found guilty in an inquiry and removed from service. The Cent…

Bechaarbhai S. Prajapati, a police sub‑inspector, stopped a luxury bus carrying a marriage party and demanded payment for the release of the bus documents. The Anti‑Corruption Bureau arranged a trap using anthracene‑powder‑marked currency notes, which the officer accepted and concealed in his trouser pocket. The marked…

The appellants filed suit No. 445 of 1999 seeking a declaration that a sale deed executed by respondent No.1 in favour of respondent No.3 was void and permanent injunctions to prevent dispossession, sale or letting of the disputed property. The trial court granted an ex‑parte injunction, which was affirmed by the Divis…

The claimant, a gratuitous passenger, was injured in an accident on 1 June 1996 while traveling in a goods carriage. The owner of the vehicle had not taken an insurance policy covering such passengers, and the insurer (National Insurance Co.) argued it was not liable for compensation. The Supreme Court examined the def…

Rawel Singh, a driver with Pepsu Road Transport Corporation, was absent from duty without sanctioned leave. After notice and a charge sheet, a disciplinary enquiry was held ex parte because he failed to appear, leading to his termination. He obtained reinstatement from civil courts, which allowed the corporation to con…

Puran Ram purchased agricultural land from Bhaguram but the sale deed was never executed. The agreement mistakenly described the land as Chak No. 3 SSM instead of Chak No. 3 SLM. In the suit for specific performance, the plaintiff sought to amend both the plaint and the agreement to correct this description. The trial …

The Supreme Court examined two murder cases in which the accused, Jayrajsinh Temubha Jadeja, had been granted regular bail by the Gujarat High Court on the grounds of prolonged judicial custody, non‑commencement of trial and prior compliance with temporary bail conditions. The State of Gujarat contended that the High C…

Sudesh Kumar was convicted under IPC s.392 r/w s.34 and the Arms Act for a robbery committed on 7 March 1981 and sentenced to five years' rigorous imprisonment. He appealed, claiming benefit under Section 6 of the Probation of Offenders Act, 1958, asserting that he was under 21 years of age at the time of the offence b…

The appellant sought to set aside an abatement and substitute the legal heirs of two deceased respondents in a decree, filing the application under Section 152 CPC after learning of the deaths on 26 June 2003. The High Court rejected the application, declaring the decree a nullity on the ground of the respondents' deat…

The Income Tax authorities conducted a search and seizure at the premises of M/s K.C.C. Software Ltd., seizing jewellery, cash and fixed‑deposit receipts and restraining five bank accounts under sections 132(3) and 132(8) of the Income‑Tax Act, 1961. The appellants filed writ petitions seeking release of the seized ass…

The Supreme Court was approached by M/s Maruti Clean Coal & Power Ltd. seeking transfer of several writ petitions, writ appeals and civil suits pending before the Chhattisgarh High Court and lower courts, and by the respondents challenging the transfer. The petitioners argued that the multitude of proceedings were bein…

The appellant, a Managing Director of a company, was charged under Sections 25 and 30(3) of the Karnataka Shops and Commercial Establishments Act, 1961 after a woman employee was raped and killed while travelling to work. He filed a petition under Section 482 of the CrPC seeking quash of the complaint, claiming exempti…

Gurram Chakravarthy was convicted under Section 304(8) of the Indian Penal Code and sentenced to seven years' rigorous imprisonment and a fine. The High Court upheld the conviction, but the Supreme Court observed that the High Court had not examined the defence witnesses who were called to rebut the presumption created…

The State of Tamil Nadu appealed the acquittal of Manmatharaj, who had been convicted by the trial court for murder and for causing the disappearance of evidence under Sections 302 and 201 of the IPC, based primarily on an extra‑judicial confession recorded by the Village Administrative Officer (PW‑1). The Madras High …

The appellant, Sonti Rama Krishna, filed a complaint alleging that his son, Venkateswara Rao, had been insulted by his wife, Sonti Shanti Sree, after their arranged marriage, and that the insult drove the son to commit suicide. The police registered a case under Section 306 of the IPC for abetment of suicide, but the A…

The Supreme Court examined an appeal against a Patna High Court order that granted bail to two accused convicted of murder (IPC s.302) and illegal possession of arms (Arms Act s.27) without providing any reasons. The High Court had earlier rejected bail applications, later allowing the petitioners to renew the bail ple…

The respondent, Surjit Singh, was convicted under Section 7 of the Prevention of Corruption Act, 1988 and acquitted under Section 13(2). The State of Haryana sought leave to appeal the acquittal under Section 378(3) of the Code of Criminal Procedure, but the Punjab and Haryana High Court dismissed the application witho…

Ambika Mandal was convicted under IPC sections 304‑C and 306 and under the Dowry Prohibition Act for dowry‑related offences. She appealed the conviction, but the appeal was transferred from the Patna High Court to the Jharkhand High Court after the reorganisation of states. The appellant received no notice of the trans…

Shivnath Prasad was convicted under Sections 279 and 304A of the Indian Penal Code by the trial court and the appellate court. He filed a revision petition in the Patna High Court, which was dismissed by a cryptic order without addressing his contentions that key evidence – the doctor, the informant, and the post‑morte…

The appellant, Babasaheb Apparao Patil, was convicted along with three others for murder under Section 302 read with Section 34 of the IPC. The prosecution's case rested primarily on the testimony of two eye‑witnesses, PW‑10 and PW‑11, whose statements contained minor contradictions and an alleged omission regarding th…

The appellants, former Vayudoot employees absorbed into Indian Airlines, were directed by a High Court Single Judge to be placed in a post of equivalent pay scale after failing to obtain a pilot licence. The airline placed them in a lower scale, prompting the appellants to file a miscellaneous application seeking clari…

The State of Andhra Pradesh appealed against the High Court’s order that five respondents, who were the sons of a late protected tenant, were the absolute owners of 123 acres of agricultural land and could not be declared surplus under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The Su…

The respondents sought sanction for a two‑and‑a‑half‑storey building with 15 dwelling units on a plot in the Lutyens' Bungalow Zone (LBZ) of Delhi. The New Delhi Municipal Council (NDMC) rejected the plans, citing violation of LBZ guidelines dated 8 February 1988 issued by the Ministry of Urban Development. The High Co…

The case involved a partnership firm (A1) dealing in kerosene, its partner (A2), the driver (A3), cleaner (A4) and three retail dealers (A5‑A7). A tanker carrying 11,000 litres of kerosene was stopped at a Pondicherry check‑post and found empty. The driver gave an unsigned statement that he had sold the kerosene en rou…

The trial court convicted two accused under Sections 363, 366 and 376 of the Indian Penal Code for raping a girl aged about 17 years. The Allahabad High Court set aside the conviction, acquitting the accused on the basis that the girl was a consenting adult and that there was no reliable evidence of kidnapping or rape.…

The State of Uttar Pradesh alleged that the accused, Raja (also known as Jalil), abducted an 11‑year‑old girl, attempted to rape her and subsequently killed her. The trial court convicted him under IPC sections 302, 376 and 511, relying on circumstantial evidence and an alleged extra‑judicial confession, and imposed th…

The trial court convicted Suresh Kumar (Chhotu) under Sections 363, 366, 368 and 376 of the IPC for kidnapping and rape of a girl, sentencing him to seven years' rigorous imprisonment. On appeal, the Himachal Pradesh High Court acquitted him, holding that the victim was over sixteen years of age and had accompanied the…

The State of Madhya Pradesh charged Munni Bai and others with murder and culpable homicide by poisoning under Sections 302, 328 and 34 of the Indian Penal Code. The trial court convicted them based largely on the testimony of Munni Bai, who claimed the poison was mixed in a halua she had tasted. On appeal, the High Cou…

Eastern Coalfields Ltd. purchased 1.26 acres of land from Dugal Kumar and, under its policy, offered 1008 metric tons (MT) of coal, which the petitioner accepted and was released. After a ten‑year delay, the petitioner filed a writ petition seeking an additional 1008 MT of coal; the Calcutta High Court, on the basis of…

Shail Kumari Devi and her minor daughter filed a Section 125 CrPC maintenance suit against Krishan Bhagwan Pathak in 1997, seeking Rs.500 each per month. The Family Court later ordered maintenance of Rs.2,000 and Rs.1,000 respectively, payable from the date of application (July 21, 1997). The High Court reduced the amo…

A.K. Jain, a landlord, filed an eviction suit against tenant Prem Kumar under Section 13(3)(a)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, claiming personal necessity for himself, his wife, son, daughter and later, his son’s wife, grandchildren and his own retirement. The Rent Controller dismissed…

The appellant, the legal representatives of the deceased landlord Yunus Ali, sued tenant Khursheed Akram for arrears of rent and sought a provisional rent determination under Section 13(3) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950. Both the trial court and the first appellate court fixed the prov…

The appellant, a minor at the time, was alleged to have conspired with his family members, an employee and a friend to murder Kunal Parihar, the complainant's son, based largely on threatening phone calls and a motive of a disputed marriage. The prosecution charged the appellant and fifteen others under Sections 302, 1…

The appellant, a senior IPS officer of Rajasthan, was arrested in connection with the alleged fake encounter killings of Sohrabuddin and his wife. The trial court granted him regular bail under Section 439 of the Cr.P.C., relying on the accused's clean service record and the alleged criminal antecedents of the victim. …

Dr. Narendra Kamin, accused in the Sohrabuddin fake‑encounter case and charged with several serious offences under the IPC and the Arms Act, was granted bail by the Additional City and Sessions Judge. The State of Gujarat filed an application under Section 439(2) of the Code of Criminal Procedure to cancel the bail, an…

The appellant, Suneet Gupta, entered into a partnership with M/s K.M. Agencies, which later faced a dispute when the other partner joined M/s Mangla Agencies and allegedly misrepresented the firm's status to the principal, Johnson & Johnson, resulting in payment to the latter firm. Gupta filed a criminal complaint unde…

The husband filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 on the grounds of desertion and cruelty. The Family Court examined the evidence in detail and granted the decree of divorce. The wife appealed, and the High Court set aside the Family Court's decree, holding that there were no spe…

M/S. Prachi Industries, a small‑scale unit, purchased duty‑paid mild steel (MS) tubes classified under heading 73.06 and processed them by cutting to length and then subjecting them to swaging on a rotary machine fitted with various dies. The Revenue argued that the swaged product remained the same entry and therefore …

M/s Malnad Areca Processing & Marketing Ltd, a newly established industrial unit engaged in processing arecanut purchased from member‑growers and exporting the product, claimed exemption from purchase tax under Section 6 of the Karnataka Sales Tax Act, 1957, relying on a Government Order and a notification that provide…

The respondent, a daily‑wage worker in the Himachal Pradesh Horticulture Department, sought regularisation as a clerk after ten years of service. The State offered him regularisation as a "Chowkidar," which he refused, leading to termination of his daily‑wage engagement and an industrial dispute. The Labour Court dismi…

The landlord filed an eviction petition under Section 13 of the East Punjab Rent Restriction Act, 1949, alleging that the tenant had sub-let part of a shop to a tailor. The Rent Controller dismissed the petition, the Appellate Authority reversed that decision, and the High Court reinstated the dismissal, holding that t…

The Orissa Mining Corporation issued a series of Notice Inviting Tenders (NITs) for raising, calibration and transport of iron ore. In NIT‑85 the corporation amended eligibility clause 8(vii) by removing a six‑month overlapping margin and clause 8(i) by excluding experience with minor minerals. Two appellants, M/s. S.S…

The Supreme Court examined the methodology for compensating diversion of forest land for non‑forest developmental projects under the Environment Protection Act, 1986. It accepted the recommendations of the Central Empowered Committee (CEC) that the user agency must pay a Net Present Value (NPV) based on ecological clas…

M/s. Goa Carbon Ltd., a leasing company, supplied plant and machinery to Kesar Enterprises Ltd. on lease and received lease rent. The Uttar Pradesh tax authorities issued notices under s.3F of the Uttar Pradesh Trade Tax Act, 1948, assessing tax on the lease rent, treating the transaction as a transfer of the right to …

Kalidas Sheet Metal Industries Ltd., a dealer in copper and brass sheets, was assessed tax at 8% on its turnover for 1984-85 and 1985-86 under entries 116A (copper) and 1160 (brass) of the Kerala General Sales Tax Act, 1963. The company contended that sheets are "unclassified" items taxable at 5% and that the entries a…

The appellant, C.C.T. Orissa & Ors., challenged a Supreme Court judgment that set aside a High Court order quashing a show‑cause notice issued to the respondent‑assessee, Indian Explosives Ltd., under the Orissa Sales Tax Act. The assessee, a registered dealer, had filed a consolidated return for AY 2000‑01 claiming ex…

The appellant, representing the Bangar Group, sought to revive Rohtas Industries Ltd, a sick company, by offering to purchase its assets for Rs.65.51 crore and invest Rs.650 crore for revival. The Patna High Court initially directed a sale notice for the assets and disposed of the appellant's interim application withou…

The dispute involved a 21‑bigha agricultural plot where the accused, claiming possession, went armed to retake the land from the complainant party who were unarmed and cultivating it. The accused attacked the complainants, causing serious injuries and the death of Balu Singh. They were convicted by the Sessions Court u…

The case concerned the interpretation of the Sick Textile Undertakings (Nationalisation) Act, 1974, specifically whether interest accruing after the appointed date of 1 April 1974 on bank loans to a sick textile undertaking must be paid in priority over other liabilities. The appellant argued that the High Court had de…

The appellant Bijoy Das was convicted under Section 302 IPC for shooting and causing the death of his step‑nephew Ajay Das, who died ten days after being wounded. While in hospital, the deceased gave a dying declaration to the attending doctor and to three witnesses, identifying the appellant as his assailant; his wife…

Ghasita Sahu was convicted under the NDPS Act for possession of 17.75 kg of ganja after his house was searched by the investigating officer, who offered him the option of a search in the presence of a gazetted officer, which he declined. The appellant challenged the legality of the search, arguing that the panchas pres…

The Commissioner of Central Excise, Bangalore filed appeals challenging several orders of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) that had disposed of cases by merely relying on earlier judgments without a detailed examination of the facts. The central issue was whether the printing on packagi…

Sardara Singh was acquitted by the trial court of offences under Section 15 of the NDPS Act. The State of Himachal Pradesh filed an application under Section 378(3) of the CrPC seeking leave to appeal the acquittal. The Himachal Pradesh High Court dismissed the application summarily with a one‑word order, "Dismissed", …

The parties were involved in a partition suit filed in 1969, which resulted in a decree on 27 June 1975 declaring each party's one‑third share and directing that the partition be effected by the Collector under Section 54 of the Code of Civil Procedure. The trial court failed to send the decree to the Collector, and af…

The case concerned an application under Section 92(1)(f) of the Code of Civil Procedure for sanction to sell a piece of land belonging to a religious public trust (Garhwaghat Math). The District Judge granted the sanction, after which Swami Shankaranand, a disciple and in‑charge of another Math, appealed, claiming an i…

The appellants sought to compel a cooperative bank in Kerala to fill seven additional clerk/cashier vacancies, arguing that the Registrar's approval was not required and that the bank's financial health should not affect cadre strength. The High Court had directed the bank to fill the vacancies, but the Supreme Court h…

The case involved the kidnapping, ransom demands and subsequent murder of Parkash Chadha. Respondent No.1, Vikas Choudhary, initially did not claim to be a juvenile but later applied for transfer to the Juvenile Justice Board, producing a school leaving certificate. The trial court relied on a medical bone‑age report a…

The appellant, Dilbagh Singh, was convicted for the murder of his brother's sibling, Jagmail Singh, who was shot dead on 9 May 1992 during a dispute over extremist activities. The prosecution proved that Dilbagh Singh, along with Jasbir Singh and an unknown accomplice, opened fire with government‑issued rifles, killing…

The wife and husband entered into a registered customary divorce agreement in 1996, with the wife receiving permanent alimony. The husband remarried in 1998, and ten years later the wife filed a complaint alleging cruelty under Section 498A IPC and bigamy under Section 494 IPC, leading to an FIR. The High Court exercis…

Dr. Monica Kumar and her brother filed petitions under s.482 CrPC to quash two criminal cases filed against them while they were MBBS students, alleging that the complaints were motivated by the vindictive actions of the college chairman, Dr. P. Mahalingam, after a loan dispute. The High Court refused to quash the proc…

Khoday Distilleries Ltd (now Khoday India Ltd) manufactured whisky under the mark 'Peter Scot' and obtained registration in 1968. The Scotch Whisky Association and two respondents learned of the registration in 1974 but only filed an application for rectification in 1986, alleging that the mark was not distinctive and …

Mis Parakh Foods Ltd., the manufacturer of "Shaktimaan Refined Soyabean Oil", was prosecuted for alleged misbranding under Rule 37 D of the Prevention of Food Adulteration Rules, 1955 after a public analyst claimed that the label’s pictures of various vegetables exaggerated the quality of the oil. The High Court held t…

During a marriage party, the appellant Suresh Kumar took a knife from his trouser pocket and stabbed Sanjeev Kumar, the son of PW‑1, causing his death. The trial court convicted the appellant under Section 302 of the Indian Penal Code (IPC) for murder, relying on the testimony of PW‑3 and PW‑4, which the appellant chal…

The Supreme Court examined the scope and ambit of Section 127 of the Maharashtra Regional and Town Planning Act, 1966, which deals with the lapse of land reservations if acquisition steps are not taken within six months. The Court noted earlier High Court decisions that had partially allowed writ petitions challenging …

The appellant, Commissioner of Central Excise, challenged the classification of four items manufactured by the respondent—rail assembly front seat, adjuster/assembly slider seat, YE‑2 rear back lock assembly and 1000 cc rear back lock assembly. The respondent had classified them under Chapter 8708.00 of the Central Exc…

The Commissioner of Income Tax appealed against the Madras High Court’s decision that the Completed Contract Method of accounting for chit discount, used by M/s Bilahari Investment (P) Ltd., was valid. The assessee companies, engaged in chit fund business, had historically applied the Completed Contract Method, which t…

Six persons were convicted for gang-raping a married woman under IPC sections 376(2)(g), 506 r/w 149 and 148. The trial court sentenced three, including Ramesh Kumar, to life imprisonment and the other three to ten years; the High Court upheld these convictions and reduced the ten‑year sentences to time already served.…

The case concerned the recruitment of constables in Assam, where about 2 lakh candidates applied for 5,500 vacancies. Unsuccessful candidates filed writ petitions challenging the selection process on grounds such as postponement of interview dates, removal of district‑wise restrictions, allocation of 50 marks for viva …

Akhilesh Kumar Singh was charged with murder, robbery and criminal conspiracy and his trial was pending before a Sessions Court. His first bail application was rejected on 18 October 2002, but a second bail application filed on 29 October 2002 was granted on 7 November 2002. The State appealed, and the Allahabad High C…

Sanjay Kumar Nautiyal, a bus conductor employed by Uttaranchal Transport Corporation, was caught in a surprise check for deliberately leaving waybill entries blank, issuing tickets without proper destination details, undercharging passengers and misappropriating ticket money. A disciplinary enquiry proved 13 charges of…

The State seized a Maruti van loaded with hand‑sawn timber and, under s.59A of the Indian Forest Act, ordered its confiscation. The owner claimed the vehicle was lent to a friend and that he had no knowledge of the illegal timber. The High Court released the vehicle, holding that without proof of the owner's knowledge …

The Vidyodaya Trust filed a petition under Section 34 of the Indian Trust Act, 1882 challenging the administration of the trust, which was dismissed by the trial court. The respondents then sought leave to file a suit under Section 92 of the Code of Civil Procedure, 1908, which was granted by the district court without…

The Andhra Pradesh Government filled 12 Deputy Collector vacancies reserved for Scheduled Tribes by a limited direct recruitment after a dearth of promotable ST candidates. The Public Service Commission conducted a combined advertisement for general and limited recruitment, but the Tribunal ordered a separate examinati…

The appellant, employed as a salesman by a registered cooperative society, challenged his termination and filed proceedings under the Payment of Wages Act, 1963 and the Uttar Pradesh Industrial Disputes Act, 1947. The parties later reached a settlement, and an award dated 9‑12‑1988 was passed, conditioned on the appell…

Samsuddhin Sheikh and co-accused, pickpockets, stabbed Shashikant Kawade after a verbal altercation that escalated into a sudden fight. The deceased died on the way to the hospital. The trial court convicted them under Section 302 read with Section 34 IPC (murder) and the High Court affirmed. On appeal, the accused con…

The Supreme Court examined a criminal appeal filed by accused A1 (Thanga Prakash) against the Karnataka High Court’s order disposing of the appeal without addressing contradictory findings in the trial court’s judgment. The trial court had inconsistently held that some accused were acquitted while others, including A1,…

The respondents imported 56 metric tons of garlic from China which was found to be infected with the fungus Embellisia and traces of Urocystis capulae. The Bombay High Court directed that the consignment be fumigated with methyl bromide, a pesticide used for insects, and thereafter cleared upon payment of duties. On re…

Lt. Gen. Depinder Singh (author) entered a publication agreement with Dattatreya Prakashan, later acquired by the appellant (Trishul Publications). After publishing the first and second editions, the appellant refused further editions and suggested the author authorize another publisher, Natraj Publishers, to reprint 1…

The plaintiff sought vacant and peaceful possession of a Delhi property, but the suit was dismissed. The plaintiff appealed, and during the first appeal the sole defendant died. An application for substitution of the defendant’s legal heirs was filed but remained pending, and the decree was erroneously drawn up against…

Budhi Lal, who lived with two wives, was accused of murdering his second wife Jashu Devi on the night of 9‑10 August 1985. A guest, PW‑3, who was staying in the house that night, testified that he saw Budhi Lal sitting on the deceased's chest and assaulting her, and the accused admitted that he and the victim were toge…

The appellant Bihari Rai was convicted for the death of Sadri Rai. The trial court found him guilty under Section 302 read with Section 34 IPC, while the High Court altered the conviction to Section 304 Part I, invoking Exception 4 to Section 300, and acquitted the co‑accused. On appeal, the appellant argued that proce…

The appellant, a sugar mill, employed certain workers as "seasonal workmen" but they performed duties throughout the year and were paid seasonal wages. The workers claimed they should be declared permanent and receive permanent workmen benefits. The State of Uttar Pradesh referred the dispute to the Labour Court, which…

Laxmi Kant Gupta, a temporary employee of the U.P. State Electricity Board, was terminated in 1986 without compliance with Section 6-N of the U.P. Industrial Disputes Act, 1947. He raised the dispute only after a ten‑year delay, and the Labour Court ordered his reinstatement without back wages, citing the delay. The Hi…

The husband filed a divorce petition under the Hindu Marriage Act in the Family Court at Ujjain. The wife applied to the Madhya Pradesh High Court under Section 23 of the Code of Civil Procedure (CPC) to have the case transferred to a court in Malegaon, Maharashtra, and the High Court ordered the transfer. The husband …

The complainants, Prabha Mathur & Anr., alleged that the respondents, Pramod Aggarwal & Ors., cheated them in a property sale and filed a criminal complaint under IPC sections 420, 467, 468, 471, 34 and 1208. The trial court dismissed the complaint as a civil matter, a decision affirmed by the revisional court. The com…

Chattar Singh (husband) and his father‑in‑law Mange Ram were convicted for the murder of Guddi and her infant daughter Poonam, whose bodies were found in a well. The prosecution relied on circumstantial evidence, the "last seen" theory, post‑mortem findings of smothering, and extra‑judicial confessions in which the acc…

The Delhi Development Authority (DOA) entered into a development contract with M/s R.S. Sharma & Co., which later disputed extra cartage charges for stone brought from Nooh, Haryana. The arbitrator awarded the contractor extra rates of Rs.30 per cubic metre, ignoring clause 3.16 of the contract that prohibited such ext…

The appellant challenged the conduct of the Caste Scrutiny Committee, which after closing the hearing for orders, called the Caste Certificate Register for inspection on 28‑10‑2003 and recorded statements of a Tehsildar representative on 7‑11‑2003 without giving any notice to the appellant. The High Court dismissed the…

M.K. Palia & Sons Pvt. Ltd., a lessee of the Mumbai Port Trust, filed a writ petition in 2005 challenging the rateable value of its commercial premises that had been revised in 1984‑85 from Rs.20,100 to Rs.25,645 per annum. The appellant argued that the increase was excessive and relied on the Jamshed Hormusji Wadia de…

Raj Homes Pvt. Ltd. and another challenged the Madhya Pradesh Government’s Rule 14, which imposes a flat-rate premium on agricultural land diverted to non‑agricultural use, alleging that the rule exceeds the powers granted under sections 59(5) and 258(iii) of the Madhya Pradesh Land Revenue Code and violates Article 14…

Larsen & Toubro Ltd. (L&T) executed works contracts in Andhra Pradesh and subcontracted portions to registered VAT dealers. The State of Andhra Pradesh assessed tax on L&T by adding the turnover of the subcontractors, treating the arrangement as two deemed sales – one from the subcontractor to L&T and another from L&T …

The appellant, Mis Shankar Finance & Investments, a sole proprietary concern, filed a criminal complaint under section 138 of the Negotiable Instruments Act alleging a dishonoured cheque. The complaint was signed by the proprietor’s attorney‑in‑fact under a power of attorney, and the High Court held it non‑maintainable…

The appellant, Golla Yelugu Govindu, was convicted of murder for hacking his wife with a sickle during a heated quarrel, based largely on the testimony of his two minor children. He appealed, challenging the admissibility of the child witnesses and arguing that the incident fell under Exception 4 of Section 300 IPC, wh…

A decree dated 22 April 1983 led to a series of execution petitions. The earlier petitions (EP No.19 of 1984, EP No.101 of 1984, EP No.369 of 1986) were dismissed, and an application to restore EP No.369 (EA No.238 of 1994) was also dismissed as not pressed. A fresh execution petition (EP No.177 of 1995) was filed on 1…

The Government of Goa appealed against a Bombay High Court order that directed the respondents, M/s A.H. Jaffar and Sons, to dispose of the Government's application for a mining lease within six weeks and imposed exemplary costs. The respondents had earlier filed a writ petition in 1993 seeking the quashing of orders a…

The respondents, lecturers in private aided colleges, challenged a government order fixing 1 November 1992 as the cut‑off date for pension entitlement after the Education Code amendment reduced their retirement age from 60 to 58 years. The High Court held the cut‑off date arbitrary and discriminatory, directing pension…

An FIR (No.155/2001) was lodged under Sections 379, 406, 409, 418 and 506/34 IPC arising from a business dispute between the complainant and the accused. The parties executed a compromise deed on 25 January 2002, settling all differences. The complainant applied to the High Court for quashing the FIR, but the applicati…

The case involved an acid attack on G. Janardhan, resulting in his death. The prosecution’s case against accused A‑1 and A‑2 rested mainly on a dying declaration recorded by a magistrate, which alleged that the deceased had named the accused. The trial and High Courts accepted this declaration despite the absence of an…

The Commissioner of Trade Tax, U.P. sought revision of a seizure order on agro‑chemical drums, alleging that the goods loaded in a truck differed from those declared in the transit pass. The departmental authorities and the Trade Tax Tribunal found that the goods were indeed different and upheld the seizure. The Allaha…

The appellants, who are engaged in the slaughter and sale of meat of bulls and bullocks, challenged a 1989 notification issued by the Gujarat government that prohibited such activities, invoking powers under the Gujarat Essential Commodities and Cattle (Control) Act, 1958. The Gujarat High Court upheld the notification…

Silvey & Ors., the vendors, entered into an agreement to sell 10 acres of land to Arun Vargheese & Anr., the purchasers, who paid an advance and were ready to perform their part of the contract. The vendors failed to furnish required documents, licences and registration, and alleged that the purchasers were not ready t…

The insured, Sehtia Shoes, obtained a shop‑keeper insurance policy from National Insurance Company Ltd. After a fire, the insurer paid Rs 2.72 lakhs as full and final settlement. The insured later filed a consumer complaint alleging that the settlement was signed under coercion and claimed the loss to be Rs 9 lakhs, se…

Umesh Challiyil filed an election petition under the Representation of the People Act, 1951 alleging corrupt practices by the elected candidate K.P. Rajendran. The Kerala High Court dismissed the petition on preliminary objections, holding that the verification in the petition and the affirmation in the supporting affi…

The appellants Ashraf and Afras were convicted for murder under Section 302 read with Section 34 of the IPC based primarily on the testimony of PW1, who claimed to have seen the accused stabbing the victim. The Supreme Court noted serious contradictions between the statements of PW4 (police constable), PW17 (investigat…

The appellant, A. Yadav (Accused No.2), was acquitted by the trial court of charges under Sections 302 and 394 IPC, while Accused No.1 was convicted. The State appealed, and the Karnataka High Court set aside the acquittal, relying on circumstantial evidence such as the appellant’s acquaintance with Accused No.1, his p…

M. Viswanathan filed a criminal complaint alleging theft of documents, forgery, and intimidation by S.K. Tiles & Potteries Ltd. and others, leading to charges under IPC sections 379, 468, 471, 420 and 506(ii). The respondents sought quashing of the proceedings under Section 482 of the CrPC, arguing that the grievance w…

The case arose from a writ petition challenging a detention order dated 10 May 1993 issued under Section 3(1) of the COFEPOSA Act. The Punjab and Haryana High Court held that the order had become infructuous due to the lapse of time and restrained the respondents from enforcing it, while also leaving open the possibili…

Four accused (A‑1 to A‑4) attacked the deceased with an aruval and metal‑tipped sticks, causing his death. The incident was witnessed by PW‑1 and PW‑3, whose eye‑witness testimony was accepted by the trial court, which convicted the accused under Section 302 of the IPC and Section 25 of the Arms Act. The Madras High Co…

The respondent, a Commandant of the Central Reserve Police Force, faced departmental proceedings initiated in 2000 and was not eligible for promotion during the inquiry, with a superannuation age of 57 slated for September 2008. While a writ appeal filed by the appellants was pending, the Madras High Court conditionall…

The State of Uttar Pradesh, owner of a parcel of land managed by the Nagar Palika, sought eviction of alleged unauthorized occupants under three different statutes: a 1960 suit for permanent injunction filed by the Nagar Palika, a 1970 proceeding under the Uttar Pradesh Public Land (Eviction and Recovery of Rent and Da…

An arbitration award dated 6 October 1996 confirmed a family settlement under a Memorandum of Understanding (MOU) of 24 June 1996. The award was challenged by two parties, leading a single High Court judge to set it aside. Subsequent appeals were dismissed, and the Supreme Court remanded the matter for further consider…

In the 1970s the Calcutta Port Trust recruited trained apprentices and the wards of employees who died in harness in a 1:1 ratio in its Mechanical Engineering department. The practice was later discontinued and only compassionate appointments for the wards continued. Three hundred and twenty‑one trained apprentices fil…

Manoj Ramesh Mehta, accused No. 42 in the Telgi stamp counterfeiting case, was charged under IPC sections 120(8), 255, 34, 109 and MCOCA sections 3(1)(ii), 3(2), 3(5) and 4. He applied for bail, arguing that his role was limited to legitimate business transactions and was merely peripheral. The High Court rejected the …

The lands of Parmal Singh and others were requisitioned by the Central Government in 1963 under the Defence of India Act, 1962 and subsequently acquired in 1965. The Special Land Acquisition Officer fixed compensation, which the owners contested, leading to arbitration awards that included interest. The Allahabad High …