Judgments of 2014

The appellant was convicted under IPC sections 376 (rape) and 506 (criminal intimidation) for forcibly raping a 14‑year‑old girl. He argued that only an attempt to rape occurred and that, under the proviso to Section 376(1), the sentence could be reduced below the statutory minimum of seven years for adequate and speci…

The appellant, KM Hema Mishra, was named in an FIR under Sections 419 and 420 IPC and sought quashing of the FIR and pre‑arrest protection by filing a writ petition under Article 226 of the Constitution. The High Court dismissed the petition, refusing to grant anticipatory bail because Section 438 of the CrPC, which pr…

The appellant, a visitor to a central prison in Punjab, was searched and found carrying a mobile phone and charger, leading to an FIR under Sections 42 and 45 of the Prisons Act, 1894. The High Court dismissed his petition under Section 482 of the CrPC to quash the FIR, holding that the possession of the phone indicate…

The State of Maharashtra, through its Executive Engineer, challenged an arbitral award dated 12 May 2012, filing applications under Section 34 of the Arbitration Act before the District Judge, Thane, while Atlanta Limited filed a petition before the High Court of Bombay on the same day. The High Court ordered the trans…

The Supreme Court dismissed Civil Appeal No. 5838 of 2012 filed by K.K. Sharma and others against the High Court of Delhi’s orders dated 23 Oct 2009 and 1 Jun 2012. The High Court had been directed to implement a 1998 judgment that declared a 1988 amendment to the Delhi High Court Establishment Rules void for violating…

Ronobroto Roy filed a petition for divorce under Section 13 of the Hindu Marriage Act, alleging that his wife Dipanwita Roy had an extra‑marital relationship and bore a child with another man. To prove the allegation of infidelity, he applied to the Family Court for a DNA test of the child, which was dismissed, but the…

The appellants, co‑sharers of a Shami/at Patti Sayar (common village land) in village Dahina, filed a civil suit seeking declaration and possession of the land against the respondents. The trial court and the first appellate court decreed in favour of the appellants, granting them possession. The High Court set aside t…

Pronab Chakraborty, a police inspector, faced departmental charges of disproportionate assets and other misconduct. He retired on superannuation on 31 January 2008, and sought to halt the continuation of the departmental proceedings, arguing that Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rul…

The petitioners were granted bail by the Gauhati High Court under the default bail provision of Section 167(2) CrPC. The respondent sought cancellation of that bail alleging misrepresentation and that the direction to the CID under Section 173(8) did not render the charge‑sheet infructuous. The High Court entertained a…

The Bar Council of Andhra Pradesh disciplined advocate B. Narayan Swamy for attesting blank stamp papers in his capacity as a Notary, finding him in violation of the Notaries Act and Section 35 of the Advocates Act. The State Bar Council imposed a lifetime debarment, which the Bar Council of India stayed and set aside,…

The case concerned a block assessment of undisclosed income for the period 01‑04‑1989 to 10‑02‑2000, where the Assessing Officer failed to levy surcharge under Section 113 of the Income‑Tax Act. The Commissioner of Income Tax sought to levy surcharge retrospectively, relying on a proviso inserted in Section 113 by the …

The appellants, a group of ten accused, were charged with offences including voluntarily causing hurt by dangerous weapons under Section 324 read with Section 34 of the IPC, among other sections. The trial court acquitted them, finding reasonable doubt due to inconsistencies in prosecution witnesses and lack of corrobo…

The husband appealed against a High Court order directing that maintenance to his wife and child be payable from the date of the application under Section 125 of the CrPC, rather than from the date of the Family Court's order. The Supreme Court observed that the wife’s application had remained pending for nine years du…

The case concerned the validity of a 1997 Office Memorandum that withdrew an earlier 1970 order which had relaxed qualifying marks for Scheduled Caste and Scheduled Tribe candidates in departmental promotion examinations. The appellants argued that the withdrawal violated the constitutional provisions allowing reservat…

Jafar Imam Naqvi, a practising advocate, filed a writ petition under Article 32 seeking a mandamus directing the Election Commission of India to take stern action against politicians and parties making hate speeches during the election campaign, including cancellation of party recognition and candidature. The petitione…

The appellant, wife of a man detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), challenged the order of preventive detention on the grounds of an alleged inordinate delay between the alleged smuggling of red sanders (17 Nov 2012) and the issuance of the dete…

The appellant, a woman Central Government employee, applied for uninterrupted child care leave (CCL) of 730 days to care for her minor son, but the competent authority granted only 45 days without explaining the refusal of the remaining period. The Central Administrative Tribunal directed the authority to grant the ful…

The Supreme Court considered writ petitions filed by the National Legal Services Authority and a transgender association seeking legal recognition of transgender persons' self‑identified gender and the status of a "third gender" under the Constitution. The Court examined constitutional provisions (Arts. 14, 15, 16, 19,…

The appellant Prakash was accused of murdering Gangamma on 5 November 1990 and of stealing her ornaments. The prosecution relied on circumstantial evidence: his alleged presence in the victim's house at 1 p.m., a fingerprint on a plastic cover, blood‑stained clothes matching the victim's blood group, recovery of orname…

The State of Rajasthan prosecuted six accused for gang rape and kidnapping of a 14‑year‑old mentally deficient girl, relying on the victim's testimony, her father's eyewitness account, medical examination, and forensic evidence showing semen on the victims' clothing. The trial court convicted all six under IPC sections…

Balaji Steel Re‑rolling Mills, a partnership engaged in manufacturing hot re‑rolled products, challenged an order of the Commissioner of Central Excise and Customs that fixed its production capacity and duty liability. The matter was remanded by the Appellate Tribunal, but on a later appeal the Tribunal dismissed the a…

Naresh Kumar was married to Rekha Rani, who within ten months complained to her father about dowry harassment by her husband and his family. Despite repeated pleas, the husband threatened divorce and forced her to return to his home, after which she set herself on fire and died. The prosecution proved that the dowry de…

The appellants, Sameer Singh and another, challenged an order of a Sub‑Judge’s execution court that it had become functus officio and therefore could not entertain their application under Order XXI Rules 97, 99 and 101 of the CPC concerning a disputed immovable property. The execution court had earlier executed a decre…

The Supreme Court examined the appeal of A.K. Devaiah, convicted under Sections 3, 4, 6 of the Dowry Prohibition Act and Sections 498‑A and 304‑B of the IPC for the death of his wife, who committed suicide by self‑immolation within a year of marriage. The prosecution proved that the husband demanded dowry, that the wif…

The Raunaq Education Foundation was allotted 76 acres of forest land by the State of Haryana in 1972 for establishing an educational complex, subject to conditions of timely construction. The foundation failed to develop the school for decades, prompting the Gram Panchayat to seek return of the land, leading to a resum…

The State of Karnataka appealed the acquittal of Smt. Suvarnamma and her husband Manjunath for the dowry‑related death of the bride, Soumya, who died from severe burn injuries within seven years of marriage. The prosecution proved that the accused had harassed the victim for dowry and that the mother‑in‑law poured kero…

Ananda Poojary, a caretaker of his foster mother Dorathi Kutinho, was convicted under IPC sections 302 and 201 for allegedly murdering her to obtain her property, which she had bequeathed to him subject to marrying a Christian woman. The trial and High Courts relied on a post‑mortem report indicating asphyxia by smothe…

Dr. Thakar Singh and others mortgaged several shops in Moga to Suba Singh and Saudagar Singh in 1942, later redeeming the mortgage in 1969. The mortgagees, however, retained possession and leased the premises to several tenants. The mortgagors sued for possession, and the lower court held the suit barred under the Rent…

The appellants filed a suit for declaration of ownership of a share in land and an injunction. The defendants filed a counter‑claim asserting title under a Will dated 18‑May‑1995, which the trial judge dismissed as barred by Order 2, Rule 2 of the CPC because the plea had not been raised in the earlier suit. The High C…

The Chhattisgarh State Electricity Board rejected R. Vijaykumar's tender after a performance report, prepared by the appellants (public servants), found his equipment unsatisfactory. Vijaykumar unsuccessfully pursued civil remedies, withdrew his suit, and then filed a criminal complaint alleging forgery and conspiracy …

The appellant, a company secretary of Rallis India Ltd., was accused in a private complaint of defamation under Sections 499 and 500 IPC for a letter allegedly sent to Ashika Capital Ltd. that contained false allegations against the complainants. The trial court took cognizance of the complaint and summoned the appella…

The victim, a 15‑year‑old girl, was allegedly lured to the house of Chhoti under the pretext of fetching lassi, where Om Prakash and Kartar Singh locked the door and raped her. The FIR was lodged after a 20‑day delay, explained by the victim’s mother’s absence. Evidence—including the victim’s testimony, medical examina…

The CBI filed a charge‑sheet in a Special Court under the Prevention of Corruption Act against six persons for conspiracy, forgery and corruption. The Special Judge, exercising powers under Section 5 of the Act and the Code of Criminal Procedure, summoned three additional persons who had been listed as witnesses. The D…

The Government of India issued two notices in 2001‑2002 for the resumption of a 3.20‑acre bungalow site in the Allahabad cantonment, invoking powers under Order No.179 of the Governor‑General‑in‑Council dated 12 September 1836. The appellants, Smt. Usha Kapoor and others, contended that they owned the land by virtue of…

MIS Opera House Exports Ltd. and others were adjudicated under the Foreign Exchange Regulation Act, 1973 (FERA) for alleged violations relating to export bill realizations. The adjudicating authority issued an order on 11 October 2007, which was served on the company on 25 October 2007. The company filed an appeal befo…

The appellants borrowed Rs.3,000 from the respondents and executed a sale deed and a reconveyance agreement in 1964. After the respondents failed to execute the reconveyance despite repeated notices, the appellants sued for specific performance of the agreement in 1970. The trial court allowed the amendment of the plai…

The respondent was allotted a plot in 1986 with a condition to complete construction within three years under the Punjab Estates (Development and Regulation) Act, 1964. Failing to build, the authority demanded a non‑construction/extension fee to avoid resumption of the plot, which the respondent paid. Later he sought a…

The borrowers (respondent Nos. 1 and 2) defaulted on loans from State Bank of India, leading the bank to invoke the SARFAESI Act and issue demand and possession notices. The bank later approved a private‑treaty sale of the mortgaged immovable assets to the appellants for a consideration barely above the reserve price. …

The parties belonged to a Hindu undivided family that effected a family arrangement and partition on 22 April 1985, allocating specific shares of agricultural lands and houses among the coparceners. The plaintiffs later sued for partition of a house at Nageshwarwadi (SI No. V), claiming it was joint family property, wh…

The Rajasthan State Road Transport Corporation (the Corporation) appealed against judgments that had upheld a civil suit filed by its former trainee conductor, Bajrang Lal, challenging his removal from service for alleged embezzlement. The lower courts had found that the disciplinary enquiry violated principles of natu…

Gajanan Kamlya Patil, a landowner, was served a notice under Section 10(5) of the Urban Land (Ceiling and Regulation) Act, 1976 demanding surrender of possession of his land, with a threat of force if he failed to comply. The notice was issued after the Act had been repealed by the Urban Land (Ceiling and Regulation) R…

The appellant Birju was convicted for the murder of a one‑year‑old child, shot with a pistol after the child’s grandfather refused to give him money for liquor. The trial court and the High Court sentenced him to death, invoking his extensive criminal record as an aggravating factor. On appeal, the Supreme Court examin…

V.K. Verma was convicted under Section 161 of the IPC and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 for demanding a bribe of Rs.265 in 1984. The trial court sentenced him to one and a half years’ rigorous imprisonment and a fine of Rs.5,000 on each count, which the High Court uphe…

Voltas Ltd. and Rolta India Ltd. entered into civil construction contracts which later gave rise to disputes and termination. The appellant invoked the arbitration clause in 2006, after which the respondent filed a counter claim of Rs.333.73 crores in 2011. The key issue was whether the counter claim was barred by limi…

Siemens and other bidders challenged the award of a contract by the Delhi Metro Rail Corporation (DMRC) for 486 standard gauge cars to Hyundai Rotem, arguing that the GEC (energy consumption) values used to adjust bids were untenable and that the Government’s appointment of a committee to review the tender process whil…

The parties to a joint venture executed an Intellectual Property License Agreement (IPLA) containing an arbitration clause, but the appellants argued that the IPLA was not a concluded contract and therefore no arbitration agreement existed. The Supreme Court held that the arbitration clause is separable from the underl…

The complainant, a government college lecturer, alleged that the accused, also a lecturer, borrowed Rs 14 lakhs in cash in 1997 and issued post‑dated cheques which were later dishonoured, leading to a complaint under Section 138 of the Negotiable Instruments Act. The trial court acquitted the accused, finding that the …

The appellant State of Madhya Pradesh appealed against a High Court order that reduced the sentence of Surendra Singh, who was convicted for causing death by rash and negligent driving of a jeep. The trial court had sentenced him under IPC sections 279, 337 and 304‑A to six months and two years of rigorous imprisonment…

The Supreme Court examined a dispute concerning J.K. Jute Mill Company Ltd., a sick industrial company under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), whose net worth had reportedly turned positive. The plaintiff sought a civil court declaration that the company was no longer a sick company, …

Vinod Kumar filed a suit for specific performance of a contract to purchase a house; the trial court dismissed the suit and the High Court, acting as the first appellate court, affirmed the dismissal. The appellant contended that the High Court had not examined the evidence, ignored the submissions and grounds of appea…

The respondent was convicted under Sections 363, 366A and 376 of the IPC and sentenced to rigorous imprisonment. On appeal before the Rajasthan High Court, his counsel only sought a direction that the State Government exercise its power under Section 433 of the CrPC to commute the sentence, and the public prosecutor di…

An FIR under Section 364 IPC was lodged against the appellants. The police investigation concluded that no case was made out and submitted a final report under Section 173 CrPC, which the magistrate accepted. Despite accepting the negative report, the magistrate also ordered the case to proceed as a complaint, recorded…

The North Eastern Railway terminated two contracts awarded to the respondent contractor in 1994, after which arbitration proceedings were initiated in 1996 under a clause that required the arbitrators to be gazetted railway officers. Despite the passage of nearly two decades, no arbitral award had been rendered, and th…

The appellant, the estate of the deceased, claimed ownership of a bungalow and the land on which it stood, asserting title derived from a purchase in 1848. The Union of India contended that an 1836 grant vested only the building in the appellant’s ancestors, with the land remaining subject to a right of resumption. The…

The respondent, Abhay Kumar Singh, filed a nomination for a Bihar Legislative Council seat but the Returning Officer rejected his papers for not attaching the current electoral roll required under Section 33(5) of the Representation of People Act, 1951, as he belonged to a different constituency. The High Court set asi…

Assistant Sub‑Inspector Risal Singh was dismissed by the Superintendent of Police under Article 311(2)(b) of the Constitution, who dispensed with a disciplinary inquiry and gave no reasons for the dismissal. The appellant challenged the order, arguing that a reason must be ascribed when an inquiry is waived, and the Hi…

The appellant Kanhaiya Lal was convicted under Sections 302 and 201 of the IPC for the murder of Kala, whose body was recovered from a well belonging to the appellant. The prosecution's case rested on the fact that the deceased and the appellant were last seen together at a neighbour's house and on an alleged motive of…

The appellant, Bhagwan Tukaram Dange, and his father were convicted of murdering Dange's wife by beating, dousing her with kerosene and setting her on fire while intoxicated. The prosecution's case relied on two dying declarations recorded by a head constable and a special judicial magistrate, both corroborated by the …

The case involved four appellants who, armed with pistols, attacked the complainant’s party, causing three deaths and one injury. They were convicted under Sections 302 and 307 read with Section 34 of the IPC. On appeal, the appellants argued that one of them, Bastiram, was not present at the scene and that medical (po…

Advocate Amit Chanchal Jha was convicted by the Delhi High Court for criminal contempt after allegedly abusing a lady advocate in the courtroom, resulting in a seven‑day imprisonment, three‑month debarment and a direction to refer the matter to the Bar Council of India. Jha appealed to the Supreme Court, contending tha…

Ajay Kumar Pal was sentenced to death by a Special CBI Judge on 9 April 2007, a sentence confirmed by the Jharkhand High Court and the Supreme Court on 16 March 2010. He filed a mercy petition on 10 April 2010, which was forwarded immediately but only disposed of after a delay of three years and ten months, with the Pr…

The Supreme Court examined whether the Chennai City Municipal Corporation (the Corporation) or the Metropolitan Transport Corporation (MTCL) had statutory authority to erect and manage bus shelters under the Chennai City Municipal Corporation Act, 1919. By interpreting Sections 203, 285, and 285‑A, the Court held that …

The Supreme Court examined whether the Chennai City Municipal Corporation (the Corporation) or the Metropolitan Transport Corporation (MTCL) had statutory authority to erect and manage bus shelters under the Chennai City Municipal Corporation Act, 1919. By interpreting Sections 203, 204, 285, 285‑A and related provisio…

The Union of India challenged the Allahabad High Court's order quashing a search and seizure conducted under Section 132(1) of the Income Tax Act at the premises of M/s Agarwal Iron Industries. The High Court had held that the search warrant was issued mechanically without a reasonable basis. The Supreme Court examined…

The Indian Council of Medical Research (ICMR) sought to acquire 40 guntas of land in Belgaum for a medical research centre, and the Land Acquisition Officer initially fixed compensation at Rs 1,050 per gunta. The reference court enhanced this to Rs 7,000 per gunta, and the Karnataka High Court further raised it to Rs 9…

Embassy Hotels Pvt. Ltd. filed a suit for specific performance of a 1978 agreement for sale of land that had been mortgaged by the vendor, M/s. Gajaraj & Co., to Srinivasa Perumal Financing Corporation. The mortgaged land was sold by court auction to the appellant, who obtained a sale certificate that was confirmed by …

The plaintiffs filed a suit for declaration and injunction and later amended the plaint, increasing the valuation and creating a deficiency in court fee. The trial court did not order a time limit for payment of the deficit fee. The defendants appealed; the first appellate court observed the lack of a time order and al…

The Supreme Court examined whether Section 8 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 applies to psychotropic substances that are listed in the Act’s Schedule but not in Schedule‑I of the NDPS Rules. It held that the prohibition in Section 8 is absolute and covers all such substances, and that…

The appellant was charged with murder under Section 302 IPC for hacking a father and son to death with an axe while they slept. The trial court acquitted him, citing a 17‑hour delay in lodging the FIR, the absence of a proven motive, and the claim that the family witnesses could not have seen the accused. On appeal, th…

The respondent, a government servant, was convicted under the Prevention of Corruption Act, 1988 and sentenced to one year’s rigorous imprisonment. The High Court, on an application under Section 389(1) of the Cr.P.C., suspended the execution of the sentence but did not stay the conviction. The Department dismissed the…

The Supreme Court disposed of several interlocutory applications filed by various States seeking greater releases from the Ad‑hoc Compensatory Afforestation Fund Management and Planning Authority (CAMPA). The Court modified its earlier order of July 2009, directing the National CAMPA Advisory Council (NCAC) to issue gu…

The case involved six in‑laws accused of murdering Asha Devi, who died from extensive burns. The prosecution's case rested solely on Asha Devi's dying declaration implicating all six accused. Two of the accused, Prem Nath and Raj Bala, raised an alibi, presenting multiple witnesses showing they were at work and elsewhe…

A contractual government teacher in Odisha was sexually harassed by a Sub‑Inspector of Schools, lodged multiple complaints, and was later set ablaze, dying from her injuries. The petitioner, a law student, filed a writ under Article 32 seeking transfer of the investigation to the Central Bureau of Investigation (CBI) a…

The appellant, a promoter/shareholder of Relectronics Ltd., challenged the Karnataka Industrial Areas Development Board’s termination of a lease‑cum‑sale agreement for two industrial plots allotted to the company, arguing that the company owned the land and that the Board required prior court permission under the Compa…

The Supreme Court heard a public‑interest writ petition filed by Pravasi Bhalai Sangathan seeking pre‑emptive orders against hate speeches by elected representatives, arguing that such speeches violate Articles 14, 15, 19, 21 and fundamental duties. The Court examined whether existing statutes—IPC, SC/ST (Prevention of…

The case concerned a search under Section 132 of the Income Tax Act on two premises of the Bhatia Group, which led the assessing officer to record a satisfaction note under Section 15880 on 15 July 2005, after the block assessment of the searched person was completed on 30 March 2005. The respondent, M/s Calcutta Knitw…

The appellant, a 46‑year‑old tourist‑taxi driver, suffered fractures to his right arm and leg in a collision with a bus operated by the respondent. He claimed compensation under s.166 of the Motor Vehicles Act, 1988, asserting functional disability of 35% that impaired his earning capacity. The Motor Accident Claims Tr…

The appeal arose from the appointment of Class IV staff in courts subordinate to the Delhi High Court on an ad‑hoc basis without proper advertisement, which the petitioners challenged as violative of Articles 14 and 16 of the Constitution. The Supreme Court examined whether such appointments could be regularised, wheth…

The petition was filed by the father of a college girl who died after falling from a hostel roof, alleging that the death resulted from ragging and that the Rajasthan police investigation was biased, incomplete, and failed to record the victim's statement. The petitioner sought a transfer of the investigation to the Ce…

The appellants, co‑landholders of a 59‑bigha estate in Assam, failed to pay Rs 731.70 land revenue, leading the Deputy Commissioner to auction the land under Section 70 of the Assam Land and Revenue Regulation, 1886. No proper notice of demand or sale was served on the appellants, and the auction attracted no bidders, …

The case concerned the Khalsa Girls High School, a Sikh‑run school in Calcutta, and whether it qualified as a minority institution under Articles 26 and 30 of the Constitution, thereby entitled to appoint its own teachers without complying with Rule 28 of the 1969 Management Rules. The appellants, two teachers appointe…

The appellant O.M. Cherian (Thankachan) was convicted under Sections 498A and 306 IPC for the suicide of his wife and was sentenced to two years and seven years of rigorous imprisonment respectively, with the sentences ordered to run consecutively by the trial court and the Kerala High Court. The appeal before the Supr…

Joginder Singh, selected for the post of Constable in Chandigarh Police, was denied appointment after a criminal case (FIR No. 200) was discovered during verification. He had been honourably acquitted by the Additional Sessions Judge, Bhiwani, on 4 October 1999. The appellant disclosed the existence of the case and its…

Nar Singh was convicted under Section 302 IPC and Section 25(1B) of the Arms Act for the murder of Rajbir, based largely on circumstantial evidence and a forensic science laboratory (FSL) report (Ex‑P12) linking a recovered bullet to a country‑made pistol. The trial court and the High Court failed to put the FSL report…

Collector Singh, a semi‑skilled workman, was dismissed by L.M.L. Ltd. after a departmental inquiry found him guilty of throwing jute/cotton waste balls at a foreman and allegedly using abusive language. The Labour Court upheld the dismissal, relying on the appellant's apology letter, and the High Court affirmed that aw…

The appellant Sukhjit Singh was convicted under Section 364 IPC for allegedly abducting his wife Kuljit Kaur and sentenced to ten years' rigorous imprisonment. The trial court and the High Court upheld the conviction, relying mainly on evidence establishing the marital relationship, while ignoring the mother’s testimon…

C.P. John, a losing candidate, filed an election petition challenging the election of Babu M. Palissery on grounds of bribery, false pamphlet distribution and alleged suppression of criminal convictions. The High Court dismissed the petition, holding it lacked material facts and was non‑compliant with Section 83 of the…

The appellant, having given a loan of Rs.60 lakh, received three cheques from the respondent which were dishonoured by stop‑payment. He issued a handwritten notice on 27 April 2012 and a formal legal notice on 24 May 2012 demanding payment, and subsequently filed a criminal complaint under Sections 138, 141, 142 of the…

The appellants were convicted for the murder of Prabhunath and the assault of his son Moti Lal, based on the prosecution’s claim that they attacked the victims with firearms, an axe and lathis. The trial court and the High Court upheld convictions under sections 302, 307, 324, 147, 148 read with 149 of the IPC. On appe…

The case concerned a bomb blast on a railway bridge in Tamil Nadu in 1992. The prosecution relied primarily on a confessional statement recorded under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) by A1‑Senthilkumar, which he later retracted, and on the testimony of a hostile witness, PW…

The appellant, Dharam Deo Yadav, was convicted for the murder of a New Zealand tourist, Diana Clare Routley, based largely on circumstantial evidence, including eyewitnesses who saw the accused with the victim, the accused's confession leading police to a skeleton recovered from his house, and DNA testing that matched …

Madhukar, a former government employee who resigned on 18 July 1960 and immediately joined Hislop College as a lecturer, retired from the college on 24 May 1983. He sought to have his earlier government service (21 June 1950 to 17 July 1960) counted for pension under the Government Resolution dated 11 March 1992, which…

Mahinder Dutt Sharma, a police constable, was dismissed for a 320‑day unauthorized and willful absence. After serving 24 years with commendations, he sought compassionate allowance under Rule 41 of the Central Civil Services (Pension) Rules, 1972, citing family deaths, his wife's cancer and his own ill‑health. The Depu…

The judgment debtor sought to set aside a court‑sale of his house under Order XXI Rule 89 of the CPC but failed to make the mandatory deposit of the sale price. The executing court rejected his application and the appellate court dismissed his appeal. He then filed a writ petition, and the High Court, relying on a late…

The State of Rajasthan appealed against the Rajasthan High Court’s judgment that acquitted two accused (Hemant Kumar and Manoj Kumar) and convicted Raju (Raj Kumar) for the death of Anirudh Mishra arising out of a property dispute. The accused claimed the right of private defence. The Supreme Court examined whether the…

The petitioner obtained a writ from the Gauhati High Court directing the Union of India to re‑designate him as a Warrant Officer and extend his pay. The Union appealed to the Supreme Court (Civil Appeal No. 25 of 2008), which dismissed the appeal, thereby upholding the High Court’s directions. The petitioner later file…

The appellants, directors of a textile firm, were accused by a supplier (informant) of fraudulently transferring company assets and issuing post‑dated cheques that later bounced, leading to an FIR under Sections 420 and 120‑B IPC. The police concluded the matter was civil, but the magistrate rejected this view and took…

Dr. D.D. Gupta, a lecturer with an MD in Pharmacology from Maharishi Dayanand University, was denied consideration for promotion to Assistant Professor by the Departmental Promotion Committee on the ground that his degree was not recognized by the Medical Council of India (MCI). He challenged the decision, and the High…

Dr. Suhas H. Pophale occupied a flat in the Indian Mercantile Mansion under a leave‑and‑license agreement dated 20‑12‑1972, which was later deemed a tenancy under Section 15A of the Bombay Rent Act (effective 1‑Feb‑1973). The premises became owned by Oriental Insurance Co. Ltd., a government‑owned company, on 1‑Jan‑197…

The plaintiff sought specific performance of a sale agreement entered into by the trustees of the Subbaiah Paniker Family Welfare Trust. The appellant, a beneficiary of the trust, applied to be impleaded as a defendant, alleging prejudice if the sale proceeded at the agreed price. The trial court allowed his impleadmen…

The husband and wife married in 1996; the husband filed for divorce in 1997 and the wife filed a criminal case alleging cruelty under Sections 498‑A, 406, 506 IPC and Sections 3/4 of the Dowry Prohibition Act. The trial magistrate acquitted all accused in 2002. While the parties later settled their differences and obta…

The appellants challenged the Bombay Stock Exchange's refusal to allow the delisting of Hella India Lighting Ltd., arguing that the public shareholding threshold for continuous listing was 10% under SEBI guidelines, not the 20% stipulated in the BSE listing agreement. Hella India, after a voluntary offer, saw its publi…

R. Periyasamy, a permanent cash officer of State Bank of India, was dismissed after a departmental enquiry found, on a preponderance of probabilities, that he was responsible for a cash shortage of Rs.1,25,000 and had violated service rules. The dismissal was upheld by the disciplinary authority and departmental appeal…

The petitioners, female make‑up artists, challenged the Cine Costume Make‑up Artists and Hair Dressers Association's bye‑laws that barred women from obtaining make‑up artist cards and required a five‑year Maharashtra residence. The Court examined the constitutional guarantees of equality (Arts. 14, 15, 21), the right t…

M/s Bhagwati Vanaspati Traders, a sole proprietorship of B.K. Garg, bought a six‑year National Savings Certificate (NSC) in 1995. On maturity in 2001 the postal authorities refused to pay the Rs 10,075 due, contending that an NSC could be issued only in an individual’s name and the certificate was therefore invalid. Th…

The appellant A. Tajudeen was prosecuted under the Foreign Exchange Regulation Act, 1973 for allegedly receiving foreign exchange without an authorized dealer. The Enforcement Directorate relied on a purported statement made on 20‑April‑1989, statements recorded during a raid on 25‑Oct‑1989 and while in custody on 26‑O…

Ramanand Pandey, a Rural Agricultural Extension Officer, was promoted to Agriculture Development Officer (ADO) on 23 December 2005, with a condition that the Deputy Director verify any pending disciplinary inquiry. No such inquiry existed, but Pandey sent a representation on 14 August 2006 stating a complaint was pendi…

The case concerned an alleged oral gift (hiba) of a house by Abdul Haq, a Muslim, to Rasheeda Khatoon about seven years before his death. After Haq's death, his heirs sought possession, prompting Rasheeda to file a suit for declaration of ownership. The trial court and first appellate court held the oral gift valid, de…

Basappa, a construction worker (Goundi), was seriously injured when a bus driven rashly collided with his motorcycle, resulting in a permanent disability of 58% to his whole body. He filed a claim under Section 166 of the Motor Vehicle Act, 1988, seeking Rs 15,00,000; the Motor Accident Claims Tribunal awarded Rs 93,80…

The Supreme Court delivered a judgment on 21 May 2014 in MD Jamiluddin Nasir v. State of West Bengal concerning an alleged offence of waging war against the State under IPC 121. Subsequent to that judgment, the parties filed criminal miscellaneous petitions seeking correction of typographical and factual errors in the …

The State of West Bengal filed a Section 34 application to set aside an arbitral award before the District Court of Jalpaiguri, while the High Court of Calcutta had earlier entertained interim relief under Section 9 and appointed an arbitrator under Section 11. The High Court held that, under Section 42 of the Arbitrat…

The dispute arose under Section 138 of the Negotiable Instruments Act between Prateek Jain (complainant) and Rakesh Kumar Jain (accused). While a criminal appeal was pending, the parties settled and filed a joint application under Section 147 seeking compounding and requested that the matter be taken before a Lok Adala…

The respondents, who were Functional Managers in the erstwhile State of Bihar, were recommended for promotion to General Manager/Deputy Director by a Departmental Promotion Committee (DPC) on 15 February 1999. After the Bihar Reorganisation Act, 2000 bifurcated Bihar and created the State of Jharkhand, the respondents …

Three accused were tried for the murder of Firozbhai under Sections 302, 120(8), 201 of the IPC and Section 25(1)(a) of the Arms Act. The trial court acquitted them, finding that the prosecution's circumstantial case did not establish a homicidal death and that the injury could have been accidental. The Gujarat High Co…

The appellant, Sangili, was convicted of murdering a schoolboy, Muthuramaligam, on the basis of circumstantial evidence that included a phone call, alleged motive, and the recovery of a bicycle and knives. The prosecution failed to produce any eyewitnesses, did not establish a motive, and could not prove the last seen …

The appellants, a residents' association, challenged land acquisition proceedings initiated under the Land Acquisition Act, 1894 for a canal scheme, where an award was made on 30‑Nov‑2006 but physical possession of the land was never taken and the proceedings were stayed by the courts. The Right to Fair Compensation an…

A boat operated by Ripple Aqua Sports under a licence from Vadodara Municipal Corporation was overloaded with 38 passengers (capacity 22) and capsized, killing 22. The victims filed a consumer complaint alleging deficiency in service. The State Consumer Commission and the National Consumer Disputes Redressal Commission…

The Supreme Court examined whether a Freedom Fighter pension granted to the deceased respondent was improperly awarded, as he was only 7‑8 years old in 1942 and could not have participated in the freedom struggle. Documentary evidence, including a 1975 voter list and a 1977 deposition, showed his age to be about 42 in …

The appellant, M/s Shaha Ratansi Khimji & Sons, held a lease over a godown on a portion of land. The respondent, Proposed Kumbhar Sons Hotel Ltd., purchased the lessor's interest, demolished the building and dug a trench that threatened the godown, and asked the appellant to vacate. The appellant claimed that the lease…

The plaintiffs, as legal heirs of the deceased Ponnangatti Gounder and his predeceased wife, sued for declaration and injunction over two properties (Schedule A – ancestral, Schedule B – self‑acquired). The trial court decreed in their favour for both properties. The first appellate court reversed the decree concerning…

The appellants were convicted under Section 121 of the Indian Penal Code for waging war against the State in a trial court in West Bengal. They appealed the conviction to the Calcutta High Court, which upheld the judgment. Subsequently, the appellants filed Criminal Miscellaneous Petitions before the Supreme Court seek…

The petitioners sought transfer of two criminal proceedings pending in the Special Court, Lucknow, to the Special Court, Delhi, arguing that the cases were similar in nature and that most witnesses were medical officers, with the ultimate decision taken at the ministerial level in Delhi. The CBI opposed the transfer, c…

Vishnu Narayan Shivpuri was charged under IPC sections 342, 326‑8 and 506 for allegedly throwing sulphuric acid on his wife, Pooja Bhatia. The Sessions Court denied his bail, but the High Court later released him on bail. After his release, the Superintendent of Police submitted a counter‑affidavit stating that Shivpur…

The petitioners, convicted under Sections 363, 366 and 506 of the IPC for a kidnapping case, appealed to the Allahabad High Court, were granted bail and sought an early hearing of their criminal appeal. The High Court ordered the case to be released and listed before an appropriate bench, prompting the petitioners to f…

The appellant, a construction contractor, obtained an arbitration award on 4 September 2007 and filed an execution petition. The respondents sought to set aside the award under Section 34 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997, but the High Court directed them to file under the Jammu and Kashmi…

The respondent, a Junior Engineer of the Chennai Metropolitan Water Supply and Sewerage Board, was absent without authorization from 28‑08‑1995 to 31‑03‑1997 and submitted a medical certificate belatedly. A charge‑sheet under Regulations 6(1) and 6(2) was issued, the enquiry officer found the charges proved and the dis…

Pratima Chowdhury, a member of a West Bengal cooperative housing society, sought to transfer her flat and membership to Kalpana Mukherjee, claiming the transfer was a gift without consideration. The arbitrator found the transfer invalid, noting that the letters effecting the transfer were likely drafted by Partha Mukhe…

The case concerned the sale of a mortgaged property by a bank under the SARFAESI Act. The Supreme Court examined whether the bank, as a secured creditor, had complied with Section 13(8) of the Act and Rules 8 and 9, which require a 30‑day individual notice and a public notice before any sale. It held that the sale effe…

The respondent, V.K. Mahanudevan, obtained a Scheduled Caste (SC) certificate in 1987 after the Kerala High Court accepted a KIRTADS report that he belonged to the Thandan community, a notified SC. Subsequent scrutiny, prompted by a Full Bench observation in Pattika Jathi case, led the State Government to re‑examine hi…

The respondents, employees of National Insurance Co., opted for voluntary retirement under the General Insurance Employees Special Voluntary Retirement Scheme, 2004 (SVRS 2004) and claimed pension under the General Insurance (Employees) Pension Scheme, 1995. The insurers rejected the claim, arguing that pension under t…

The State of Gujarat charged Ratansingh under sections 376, 302 and 201 of the IPC for the alleged rape and murder of a seven‑year‑old girl. The trial court convicted him, awarding a death sentence for murder and life imprisonment for rape. On appeal, the Gujarat High Court acquitted him, holding that the prosecution’s…

The Supreme Court examined the scope of Section 319 of the Code of Criminal Procedure, 1973, which empowers a court to proceed against persons not originally accused if evidence shows their involvement. It held that the power can be exercised at any time after the charge‑sheet is filed and before judgment, provided the…

In Arun Kumar Agrawal v. Union of India & Ors., the Supreme Court considered interlocutory applications filed in a writ petition under Article 32. The petitioner sought to have certain disparaging remarks about his bonafides, made in paragraph 63 of the judgment, expunged, arguing they were irrelevant to the decision. …

The appellant Selvaraj was convicted under Section 302 IPC for allegedly strangling his infant daughter, based on testimony of the mother, mother‑in‑law and a sister, who later turned hostile, and on a medical report that did not conclusively indicate homicide. The Supreme Court examined the credibility of the hostile …

The appellants K.K. Singhal & Ors. issued 33 cheques that were dishonoured, leading the respondent Steel Strips Ltd. to file 26 complaints under Section 138 of the Negotiable Instruments Act. The parties later entered into a settlement at Chandigarh, where the respondent agreed to withdraw the complaints in exchange fo…

The appellants were convicted under IPC sections 302 and 34 for the murder of Ranjit Singh, allegedly attacked with lathis and tabbal by the accused amid a land dispute. The prosecution relied on eye‑witnesses PW3 Atmaram and PW4 Chaman Lal, whose testimonies were corroborated and supported by a post‑mortem report esta…

Ram Manohar Pandey, a civil engineer on deputation, was charged with corruption offences under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. Both the Municipal Corporation of Ujjain and the State Government refused to grant sanction for his prosecution while he was in service, yet a charge‑shee…

The appellants, originally promoted to the Middle Management Grade Scale‑II (MMGS‑II) in 1996, opted for a horizontal transfer to the Specialist Electronic Data Processors Cadre within the same grade in September 1997. Other officers were promoted vertically from the Junior Management Grade Scale‑I (JMGS‑I) to the same…

The Food Corporation of India (FCI) closed its rice mill and thereafter employed 49 former contract workers as casual daily‑wage employees. The workers sought regularisation, alleging that their continued casualisation constituted an unfair labour practice under item 10 of the Fifth Schedule of the Industrial Disputes …

The appellant, accused No.1, was convicted along with five others for offences under Sections 147, 149 and 302 of the IPC for the murder of Kalua. The High Court upheld the conviction of the appellant and two others, but acquitted accused Nos.5 and 6 on the ground that no lathi injuries were found on the deceased and t…

The appellant, the Secretary to the Government (Law & Order‑F), appealed against a Madras High Court order that quashed a preventive detention order issued under Section 3(1)(a) of the National Security Act, 1980 against a man arrested in September 2012 for alleged breach of the Official Secrets Act. The High Court had…

The respondent, a cable television network operator registered under the Cable Television Networks (Regulation) Act, 1995, began transmitting two private video channels and was directed by the District Magistrate of Haridwar to pay a license fee of Rs.11,88,500 under Rule 17(2) of the Uttar Pradesh Cinema (Regulation o…

The Union (Secretary, Department of Personnel) appealed against several High Court and CAT orders that had granted Data Entry Operator (DEO) Grade‑A employees the higher pay scale of Grade‑B on the basis of their qualifications or length of service. The Court examined whether the classification of DEO posts and the pay…

Mofil Khan and two co‑accused brutally murdered eight members of their own family, including women, children and a physically disabled boy, to obtain property. The trial court sentenced them to death, a decision affirmed by the Jharkhand High Court. On appeal, the Supreme Court examined whether the "rarest of rare" doc…

The case concerned a claim by Kausarbag Cooperative Housing Society Ltd. for Transferable Development Rights (TDR) on a 3.5‑acre parcel that had been acquired by the State under the Land Acquisition Act, 1894 and shown as an existing garden in the development plan. The Society argued that under Development Control Regu…

The complainant purchased a Chevrolet Forester advertised as an SUV capable of off‑road travel, but the vehicle was a passenger car and not fit for the promised use, leading him to allege unfair trade practice under the Consumer Protection Act, 1986. The District Forum, State Commission and National Consumer Disputes R…

The respondents claimed tenancy rights over a 4.16‑acre plot based on a 1942 lease (Hatapatta) from the ex‑ruler and alleged continuous possession and cultivation even after the land vested in the State under the Orissa Estate Abolition Act, 1951. The State contested the authenticity of the lease, rent receipts, tenanc…

The appellants, Shree Shyamji Transport Company, submitted a bid for a Mandi Labour Contract (MLC) of the Food Corporation of India (FCI). FCI rejected their bid invoking Clause 4(III) of the Model Tender Form, alleging that the appellants' Earnest Money Deposit (EMD) had been forfeited in an earlier Road Transport Con…

The Port Trust had allotted a plot of land to Raj Virmani on a month‑to‑month lease which was terminated in 1983, and eviction proceedings were instituted against him. In 1992 Kalipada Bhakat appeared before the estate officer as Virmani's power of attorney holder and later occupied the premises without the Trust's per…

The case involved three interconnected suits concerning a lease of property owned by a private trust: O.S.5/78 filed by the tenants challenging the trust's ownership, and O.S.6/78 and O.S.7/78 filed by the trust for arrears of rent. All three suits were tried together, resulting in a common judgment but separate decree…

The State of Rajasthan prosecuted Chandgi Ram and others for the murder of Surender, alleging that the accused beat him to death with iron rods, pipes and lathis, constituting offences under IPC s.302 read with s.34 and s.452. The trial court convicted the accused based on the testimony of the deceased's wife, two mino…

The Union of India acquired two parcels of land in Punjab for a military cantonment under notifications of the Land Acquisition Act, 1894 (1989 and 1988). The Collector initially fixed compensation at Rs 2 lakhs per acre, which was later enhanced by the Reference Court and subsequently reduced by the Punjab & Haryana H…

The petitioners, Indian seamen and their families, filed writ petitions under Article 32 seeking a direction to the Government of India to intervene and secure the release of Indian crew members held hostage by Somali pirates and to frame anti‑piracy guidelines. The Government responded with an affidavit detailing the …

The State of Bihar filed a criminal appeal against an FIR lodged in 2002 against IAS officer Ashok Kumar Singh for alleged corruption while he was Managing Director of the Bihar State Financial Corporation. The FIR was issued by the Bihar Vigilance Investigation Bureau after the bifurcation of Bihar into Bihar and Jhar…

Punjab University and Punjab Agricultural University invested in Unit Trust of India's Institutional Investors Special Fund Unit Scheme‑1998, expecting a guaranteed 13.5% return and repurchase at par. When the maturity proceeds fell short, they filed complaints before the National Consumer Disputes Redressal Commission…

The Gujarat government prepared a development plan in 1987 reserving a "green belt" for public housing. After ten years the reservation lapsed under Section 20 of the Gujarat Town Planning and Urban Development Act, 1976. The Ahmedabad Urban Development Authority later framed a town‑planning scheme reserving the same l…

The Supreme Court examined petitions seeking to shift investigation of the multi‑state chit‑fund (Ponzi) scam, which defrauded lakhs of depositors of roughly Rs 10,000 crore, from the State Police to the Central Bureau of Investigation (CBI). The scam involved companies operating across West Bengal, Tripura, Assam and …

On 26 January 1996 a bomb exploded at the SMS Stadium in Jaipur, leading to the arrest of six accused, including Chandra Prakash, Abdul Mateen and others. The prosecution relied on the testimony of an approver (PW‑1) who implicated the accused, on material recovered from the accused’s premises (ammonium nitrate, dynami…

The Archaeological Survey of India (ASI) and a public‑spirited petitioner sought a writ directing the preservation of the Bade Baba Jain Temple at Kundalpur, Madhya Pradesh, alleging illegal construction by the Jain Temple Trust and claiming the site was a protected monument of national importance under the Ancient Mon…

Kisan Shankar Kathore was elected to the Maharashtra Legislative Assembly, but a voter filed an election petition under RPA s.100(1)(d)(i) and (iv) alleging that Kathore’s nomination was improperly accepted because he failed to disclose government dues, his wife’s bungalow and vehicle, and his interest in a partnership…

The husband, Swapnil, filed an application for restitution of conjugal rights, but his wife left the matrimonial home in April 2011 and later lodged two police complaints alleging dowry demands and threats to kill. A First Class Judicial Magistrate framed charges under IPC sections 498A and 506 Part II and under Sectio…

Shree Ram Urban Infrastructure Ltd., a tenant of the immovable property "Dev Ashish" in Bombay, challenged an eviction suit filed by the Court Receiver appointed by the High Court. The appellant argued that the Receiver had no authority to sue without prior leave of the court, that the notice under Section 106 of the T…

The Coffee Board, a statutory body, failed to provide International Coffee Organization (ICO) export stamps to Ramesh Exports, causing loss of shipment and recall costs. The exporter filed two suits: O.S. No.3150 of 1985 for loss due to delayed shipment and O.S. No.4763 of 1986 for costs arising from the recall. The tr…

The Supreme Court examined the convictions of Ohan Raj and Badal for murder and robbery, which were based primarily on circumstantial evidence, the extra‑judicial confession of a co‑accused, and the recovery of a briefcase and wrist‑watch. The Court held that the co‑accused’s confessions were inconsistent—naming differ…

The complainant, Mosiruddin Munshi, paid Rs.5,00,001 to the accused for a plot of land but the seller failed to deliver title documents, prompting a criminal complaint under IPC sections 420 and 1208. The Additional Chief Metropolitan Magistrate treated the complaint as an FIR and ordered investigation under CrPC secti…

The Union of India challenged two show‑cause notices issued to Mahindra & Mahindra Ltd. for alleged short payment of excise duty for the years 1982‑85, contending that the Department had misapplied Section 4 of the Central Excise Act. The High Court set aside the notices, holding that the post‑1996 amendment to Section…

The Nagar Palika Parishad, Mihona issued notices under the Madhya Pradesh Municipalities Act, 1961 to Ramnath for encroaching on a public road. Ramnath filed a suit seeking declaration of title over the land and a permanent injunction, claiming ancestral ownership. The trial court and two appellate courts held the suit…

The appellants were charged with murder and related offences based primarily on a dying declaration (Ex.P‑22) recorded by a police constable who wrote the victim's words as dictated by a police inspector, with later overwriting and insertion of names in different ink. The trial court found the declaration unreliable, n…

The appellant, claiming ownership of a shop, filed a civil suit against the respondent‑tenant. The respondent filed a writ petition under Articles 226 and 227 of the Constitution seeking to quash the plaint and the suit proceedings. The Kerala High Court entertained the writ and set aside the plaint, imposing costs on …

Major General H.M. Singh, the senior most Major General in the DRDO, was recommended by a Selection Board for promotion to Lieutenant General. As he was due to superannuate on 29‑Feb‑2008, the President granted two extensions of service under Army Rule 16A to allow his promotion to be considered. The Appointments Commi…

The South Central Railway Employees Co‑Op Credit Society Employees Union challenged a High Court order that had set aside a 12 June 1998 order implementing the Supreme Court’s 13 January 1988 judgment that reservation could not be applied to promotions. The High Court held the Supreme Court judgment to be per incuriam …

The Supreme Court examined a circular issued by the Municipal Corporation of Greater Mumbai that added Condition No.35 to licences for eating houses, prohibiting the sale of tobacco and any apparatus such as hookah, and imposing specific dimensions for smoking areas. The Court held that Section 6 of the Cigarettes Act …

Gold Quest International Private Limited, a numismatic company, faced an FIR under Section 420 IPC and Sections 4, 5, 6 of the Prize Chits and Money Circulation (Banning) Act after several customers alleged non‑delivery of promised gold coins. All claimants, including the primary complainant, settled their disputes wit…

The appellant, Telikicherla Sesibhushan, agreed to purchase land from the deceased respondent, Kalli Raja Rao, and to repay a Rs.20,000 loan taken by the respondent from a bank. The appellant made partial payments but failed to repay the entire loan, leading to a decree against the bank's suit for recovery. The respond…

The mother, K.P. Janaki Amma, executed two wills in 1981 and 1982 bequeathing a house to her daughter Kamala Menon and granddaughter Geetha, expressly excluding her sons. The sons challenged the validity of the later will, alleging undue influence, suspicious circumstances such as the daughter’s involvement in executio…

On 3 March 1989 a fire broke out at temporary pandals erected for Tata Iron and Steel Company's Foundation Day, killing and injuring many. The Inspector of Factories conducted a preliminary investigation on 5‑6 March 1989 and later received a detailed committee report on 23 April 1990; a criminal complaint was filed on…

The State of Maharashtra appealed the acquittal of six accused under Sections 498‑A, 304‑B and 306 of the IPC. The Supreme Court examined whether the prosecution had established the essential ingredients of a dowry death and the presumption under Section 113‑B of the Evidence Act. It held that the prosecution proved, b…

The State of Punjab filed a Special Leave Petition challenging a High Court order that barred recovery of excess pensionary payments made to the respondent, a white washer, on the ground that the employee had not committed fraud. The Supreme Court examined the apparent conflict between earlier decisions: Shyam Babu Ver…

Khim Singh was convicted of murdering his wife Himuli Devi with a kulhari (axe) and sentenced to life imprisonment under Section 302 IPC. The trial and High Court relied solely on circumstantial evidence, including testimonies of the appellant's mother, sister‑in‑law, the village pradhan and a neighbour, the recovery o…

The appellant, Brihanmumbai Electricity Supply and Transport Undertaking (BEST), challenged an order of the Maharashtra Electricity Regulatory Commission (MERC) directing Tata Power Company Limited (TPC) to supply electricity to a consumer who wished to switch from BEST. The issues were whether MERC had jurisdiction to…

The petitioner, Cherukuri Mani, filed a habeas corpus petition challenging the preventive detention of her husband under the Andhra Pradesh Prevention of Dangerous Activities Act, 1986. The Collector initially ordered detention and the State Government subsequently issued a single order extending the detention to twelv…

Two business groups that had entered into a joint venture fell out over shareholding and director appointments, leading to a cascade of more than 80 proceedings, including company law petitions, contempt suits and criminal complaints under Section 340 Cr.P.C. The Supreme Court noted the deadlock and, rather than adjudi…

National Aluminium Company Ltd. (NALCO) had established two schools for the children of its employees and entered into management agreements with external trusts. The school staff filed writ petitions claiming they were employees of NALCO and entitled to parity of pay with NALCO's own workers. The High Court held that …

The Supreme Court examined a dispute arising from the public auction of Plot No.722, attached in a debt recovery proceeding against a partnership firm. Sadashiv Prasad Singh, the highest bidder, was confirmed as the purchaser, took possession and obtained mutation of the property. Harendar Singh, brother of the origina…

Dr. Balwant Singh, a retired Director General of Police, lived in a house opposite the Rajasthan State Assembly where frequent political rallies, loudspeakers and police‑set up barricades created constant noise and disturbance, rendering his residence uninhabitable. After his oral and written complaints to the Commissi…

The Supreme Court examined a challenge to two orders of the Madras High Court that had directed the Census Department to conduct a caste‑wise census, including Scheduled Castes and Scheduled Tribes, in order to achieve social justice. The appellant, the Census Commissioner, was not a party to the earlier writ petition …

E. Bapanaiah, a depositor, filed a contempt petition against K.S. Raju, promoter director of Nagarjuna Finance Ltd., alleging wilful breach of an undertaking given to the Company Law Board (CLB) to repay deposits. The High Court division bench set aside the conviction and sentence imposed by a single judge, finding Raj…

The landlord filed a Special Leave Petition challenging a Gujarat High Court order that had set aside an appellate decree allowing eviction of the tenant under Section 12(3)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The tenant had been in arrears of rent before the suit and on the date of…

The Puducherry SC People Welfare Association, representing Scheduled Caste residents of the Union Territory, challenged two Government Orders dated 5 August 2005 that limited reservation benefits in promotion, employment and professional courses to SCs of "origin" of Pondicherry. The High Court dismissed the writ petit…

The Rajasthan State Electricity Board (RSEB) introduced a Contributory Provident Fund (CPF) scheme and, later, a Pension and General Provident Fund (GPF) scheme in 1988, requiring employees to choose between them within 90 days. Over the next eight years RSEB issued a series of notices extending the window for switchin…

The appellant, a former seaman of the Shipping Corporation of India, was declared medically unfit and his registration was cancelled by the Shipping Department in Mumbai. He filed a writ petition in the Patna High Court seeking disability compensation, claiming that a refusal letter was sent to his residence in Gaya, B…

The appellant, Ramaiah, was charged with dowry‑related offences (IPC 498‑A, 304‑B, 201, 176) and violations of the Dowry Prohibition Act (ss.3,4) after his wife Laxmi died an unnatural death within six months of marriage. The trial court acquitted him, finding no evidence of dowry demand, harassment, or that the presum…

The appellants were convicted of murder, attempt to murder and criminal conspiracy under IPC sections 302, 34, 323 and 114 based solely on the dying declaration of the victim, Champaben, who identified the accused as having set her ablaze with kerosene. The defence argued that three separate dying declarations were inc…

Anees Khan, engaged as an assistant driver, was disengaged in July 1992 and obtained an ex parte order from the Labour Court in February 1994 directing his reinstatement with back wages. He received back wages for the period up to the order but neither reported for duty nor initiated any proceeding to enforce reinstate…

Chandreshwar Pathak was temporarily appointed as a police constable in 1988 by the Inspector General of Police without any advertisement or selection process. After a departmental review, a show‑cause notice was issued in 2003 and his services were terminated. He challenged the termination before the Patna High Court; …

A group of State Bank of Patiala employees who retired under the Bank's Voluntary Retirement Scheme in 2000 had completed more than 19 years and six months of service but less than 20 years. The Bank refused to grant them pension under the State Bank of Patiala (Employees) Pension Regulations, 1995, prompting the emplo…

The appellants were convicted of murder under Section 302 read with Section 34 of the IPC for the death of Narendra Singh. The prosecution's case relied on the testimony of five ocular witnesses, two of whom were declared hostile and the remaining three were relatives of the deceased whose statements were recorded only…

The petitioner, Anil Gupta, the Managing Director of Star India Pvt Ltd, appealed against a Delhi High Court order that quashed the summons issued to the company but allowed proceedings against him under Sections 138 and 141 of the Negotiable Instruments Act, 1881. The complaint alleged dishonour of cheques issued by t…

The petitioner sought a declaration that the All India Muslim Personal Law Board's efforts to establish Dar-ul-Qaza courts and issue Fatwas constitute an illegal parallel judicial system and that such Fatwas are unenforceable under the Constitution. The Court examined whether Dar-ul-Qaza is a court of law and whether a…