Judgments of 2017

The Supreme Court examined the computation of compensation under Sections 163‑A, 166 and 168 of the Motor Vehicles Act, 1988 in death claims, focusing on the appropriate multiplier, the addition of future prospects to the deceased's income, and the quantification of conventional heads such as loss of estate, loss of co…

The appellant, a descendant of former zamindars, claimed possession of about five acres of land since 1930. The State Government, on behalf of the Union of India, filed a suit under Section 180 of the United Provinces Tenancy Act, 1939, for recovery of possession and damages, which was later dismissed for default. Duri…

The dispute arose from a fourth arbitration between HRD Corporation and GAIL (India) Ltd. over a long‑term wax supply contract. The appellant challenged the appointments of two arbitrators, Justice K.K. Lahoti and Justice K. Doabia, invoking Sections 12 and 14 of the Arbitration and Conciliation Act, 1996, as amended i…

Shri Gangajali Education Society applied to the Ministry of Health & Family Welfare (MHFW) for a Letter of Permission to start a medical college. The Medical Council of India (MCI) found several deficiencies and recommended rejection, but the Supreme Court‑constituted Oversight Committee (OC) later accepted the college…

The Assistant Provident Fund Commissioner lodged a complaint under Section 228 of the Indian Penal Code alleging that the respondent, Suresh, assaulted the presiding officer during an adjudication proceeding under Section 7A of the Employees Provident Funds & Miscellaneous Provisions Act, 1952. The magistrate convicted…

The Apollo Institute of Medical Sciences & Research applied to the Ministry of Health for permission to start a new medical college for the 2016-17 session. The Ministry, relying on a negative recommendation of the Medical Council of India (MCI), initially denied the permission, but an Oversight Committee later granted…

Innoventive Industries Ltd., a corporate debtor, defaulted on its financial obligations and a financial creditor (ICICI Bank) filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC). The debtor argued that a notification under the Maharashtra Relief Undertakings (Special Provisions) Act, …

The employee of Canara Bank filed an RTI application under Section 6 seeking details of transfers and postings of all clerical staff from 2002 to 2006, which included personal data of individual employees. The bank’s Public Information Officer rejected the request, invoking the exemption under Section 8(1)(j) of the RT…

The appellants obtained a final decree for a permanent injunction and applied to the Execution Court for its enforcement, seeking police protection under Section 151 of the CPC. The Execution Court granted the protection, but the High Court set aside the order, holding that the application should have been filed under …

The petitioners filed a public interest litigation (PIL No.17 of 2017) in the Bombay High Court challenging a Municipal Commissioner order dated 31‑08‑2016 concerning refuge areas and floor‑space‑index (FSI) in a high‑rise building. The same issues were already pending before the Supreme Court in several Special Leave …

The Supreme Court revisited its earlier directions prohibiting the grant of liquor licences within 500 metres of national and state highways, hearing numerous interlocutory applications for extensions or modifications. It held that the Court’s directions, grounded in public‑health policy and the constitutional right to…

The appellants, Vineet Kumar and others, had loaned money to the complainant’s family and later filed complaints under Section 138 of the Negotiable Instruments Act for dishonoured cheques. The complainant subsequently alleged that the appellants had raped her and filed an application under Section 156(3) CrPC, leading…

Mrs. Ivy C. Da Conceicao, a Grade‑I teacher with 21 years of service, claimed she was the most senior and qualified candidate for the post of principal in a minority‑run school in Goa, but the school appointed junior teachers in violation of the Goa School Education Rules. The school relied on its autonomy under Articl…

The landlords filed a suit for recovery of possession of a shop on the ground of bona‑fide need to start a kirana business for their unemployed sons, alleging willful default and change of usage by the tenants. The trial court and the first appellate court upheld the landlords' claim, finding a genuine need and grantin…

The State of Haryana employed conductors and drivers under the Haryana Transport Department (Group C) Haryana Roadways Service (Amended) Rules, 2003, initially paying them as daily wagers, then as contract labourers, and finally on the regular pay‑scale. One hundred ninety‑five employees filed writ petitions seeking re…

The appellant, Jagdamba Devi, claimed a dependent family pension under the Swatantrata Sainik Samman Pension Scheme, 1980, on behalf of her late husband Hari Kant Jha, a freedom fighter who was arrested for only thirteen days and alleged to have been underground for about 26 months. The State Government initially recom…

The State of Bihar sought to recover royalty at Rs 100 per cubic metre for boulder, gravel and shingle used for making chips, as fixed by a notification dated 24‑03‑2001, from 01‑04‑2001. The respondents argued that the subsequent notification dated 26‑12‑2001, which identified the specific districts, could not be give…

The Central Bureau of Investigation (CBI) had asked the Central Bank of India not to release deposits made by respondents Husainy Fakhruddin and others until a reference was received from the CBI or a special court. The respondents filed a writ petition in the Bombay High Court, which directed the bank to release the d…

The appellants were convicted for a dowry death and related offences under the IPC and the Dowry Prohibition Act. The High Court, noting certain procedural lapses, set aside the conviction and ordered a de novo retrial under Section 386(b)(i) of the Code of Criminal Procedure. The Supreme Court examined whether such la…

Anil Kumar Singh filed a civil suit for a permanent injunction over a parcel of land and obtained an ex‑parte temporary injunction. He later filed an application under Order XXIII Rule 1 of the CPC seeking to withdraw the suit, which the trial court allowed subject to payment of Rs 350 as costs to the defendant, a deci…

The petition, filed by Dr. S. Rajaseekaran, an orthopaedic surgeon, sought enforcement of road‑safety norms and better treatment of accident victims under Article 32 of the Constitution. The Court had earlier constituted a Committee on Road Safety, which submitted recommendations that the Union and State governments ha…

The murder of environmental activist Amit Jethwa, who had filed a PIL against illegal mining near Gir Forest, led to the arrest of Dinubhai Boghabhai Solanki and his nephew. After a lackluster police investigation, the case was transferred to the CBI, which filed a charge‑sheet. During trial, 105 of 195 witnesses turne…

The Supreme Court examined whether mobilisation fees paid to non‑resident oil‑exploration companies under contracts with ONGC constitute "profits and gains" taxable under Section 44BB of the Income Tax Act, 1961. The Court held that such fees fall within clause (a) of Section 44BB(2), are deemed income under Sections 5…

The appellant's wife died after a hysterectomy performed at a nursing home that lacked ICU facilities, despite her having uncontrolled high blood pressure and severe anemia. The appellant filed a complaint under the Consumer Protection Act, 1986 alleging medical negligence for proceeding with surgery without stabilisin…

The appellant, Yusuf Khan, owned a 2412 sq. yard property in Mumbai and entered into a development agreement on 23 June 2006 with two developers to construct a building, granting the developers a 50% share of the development potential. The developers failed to commence or complete construction within the stipulated 24‑…

The Kanachur Islamic Education Trust sought confirmation of the conditional Letter of Permission (LOP) granted to its medical college for the 2016-17 academic year and extension for 2017-18, after the Union of India and the Medical Council of India (MCI) debarred the college and ordered encashment of its bank guarantee…

The appellant filed a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque drawn on the account of Dakshin Granites Pvt Ltd was dishonoured. The trial court, and later the High Court, allowed an application under Section 319 CrPC to implead the company as an accused, effectively bypassin…

The Dr. Jagat Narain Subharti Charitable Trust applied for permission to establish a new medical college in Dehradun for the 2016‑17 session. The Medical Council of India (MCI) flagged deficiencies in faculty, residents, OPD attendance, bed occupancy and questioned land‑ownership compliance, leading the Central Governm…

The owner of a shop in Delhi filed an eviction petition under the Delhi Rent Control Act, 1958 alleging that the tenant had sub-let the premises to a third person who was in exclusive possession and that the tenant was in arrears of rent. The tenant contended that the third person was merely an employee working on comm…

During a hearing of Criminal Appeal No.400/2006, Senior Counsel Mr. R. Basant highlighted several common inadequacies in criminal trial procedures, such as lack of standardized witness and exhibit lists, poor recording of depositions, and inconsistent referencing of parties and evidence. He urged the Supreme Court to i…

Manish Jain filed for divorce against his wife Akanksha Jain, who subsequently sought interim maintenance under Section 24 of the Hindu Marriage Act, claiming she had no independent income. The trial court dismissed her application, but the Delhi High Court later ordered the husband to pay Rs.60,000 per month in additi…

The appellants, Ganesh and Avinash Andekar, were convicted of murder under Section 302 read with Section 34 of the IPC for the killing of their neighbour Raghunath, based on the testimony of the victim's daughter and wife who claimed to have witnessed the assault. The trial court had acquitted all accused, finding the …

The Delhi Administration issued a Section 4 notification under the Land Acquisition Act, 1894 to acquire lands in several villages, carving out an exception for lands where building plans had been sanctioned before 5 Nov 1980. Respondent Kidarnath Mohindernath claimed his land was exempt because a building plan was san…

The original landlord, Satish Chander Aggarwal, filed an eviction application under Section 2(l)(a) of the U.P. Urban Building Act, claiming a bona‑fide requirement to expand his family business. The Rent Controller dismissed the petition, but the First Appellate Authority reversed that decision, granting eviction afte…

The Maharashtra State Cooperative Housing Finance Corporation, a cooperative society, dismissed its employee Prabhakar Sitaram Bhadange for alleged misconduct. Bhadange challenged the dismissal before the Cooperative Court, which the corporation contested on the ground that the Court lacked jurisdiction under Section 9…

The case arose from a 1993 political clash in Kerala where the deceased, Suresh Babu, was stabbed and beaten to death by members of an unlawful assembly. The trial court convicted several accused under Section 302 read with Section 149 IPC and sentenced them to life imprisonment, also convicting others under Section 32…

The appeal concerned a dispute between the partners of a developer firm (MIS Sai Apartments and Infrastructure Ltd.) and the allottees of Vishranti City over who should bear external development charges, including electricity, water and sewerage, and whether those charges had been paid. The Punjab and Haryana High Cour…

The Supreme Court examined a dispute over the trademark "Field Marshal" where the plaintiff sought injunction against the defendants for alleged infringement. The defendants challenged the validity of the plaintiff's trademark and filed rectification applications under the Trade and Merchandise Marks Act, 1958. The key…

On 8 October 2004, three accused, including the appellant Ahsan, entered the house of the victim's uncle armed with country‑made pistols and fired at family members, causing the death of a still‑born child and grievous injuries to others, including a head wound to Shahzad inflicted by Ahsan. The appellant was convicted…

The Gujarat High Court, in a public‑interest litigation, directed the State to compensate trusts and institutions for religious places damaged in the 2002 communal riots and appointed special officers to assess claims. The State responded by framing an ex‑gratia scheme limiting assistance to Rs 50,000 per place, subjec…

The Commissioner of Income Tax-III, Pune challenged the assessment of Sinhgad Technical Education Society, a charitable educational institution, which was treated as an Association of Persons after a search under Section 132 revealed alleged capitation fees. The Assessing Officer issued a notice under Section 153C for …

M/s Meena Devi Jindal Medical Institute & Research Centre challenged a land acquisition made under Section 4 of the Land Acquisition Act, 1894, on the ground that the notification merely stated "planned development of Delhi" without specifying the purpose, rendering it vague. The High Court dismissed the writ petition,…

The Central Bank of India and other nationalised banks (appellants) challenged the validity of a cut‑off date they fixed for calculating gratuity payable to retired employees (respondents) under their Regulation 46. The respondents argued that the cut‑off date, which limited the benefit of revised pay scales to retiree…

The landlords filed eviction petitions under the Kerala Buildings (Lease and Rent Control) Act, 1965 invoking sections 11(4)(iii) and 11(4)(iv). The Rent Control Court granted eviction only on the reconstruction ground (11(4)(iv),) and the landlords appealed to the First Appellate Authority, which also allowed eviction…

M.C. Mehta filed a writ petition under Article 32 seeking a ban on the sale and registration of commercial vehicles that do not meet Bharat Stage‑IV (BS‑IV) emission standards from 1 April 2017, arguing that such vehicles pose a serious health hazard. The manufacturers contended that they were entitled to sell the exis…

Koshy Jacob, an advocate, filed a writ petition under Article 32 seeking a direction to the Union of India to implement the Supreme Court's guidelines issued in the 2009 Destruction of Public and Private Properties case. He alleged that frequent strikes and agitations were causing widespread destruction of public prope…

The Supreme Court considered an appeal by the sons and daughter of Chanchali Nayak, an agricultural labourer who died in a head‑on collision between a bus and a truck. The tribunal had awarded Rs 70,600 as compensation based on a monthly income of Rs 650 and a multiplier of 12, which the High Court affirmed but reduced…

The respondent, a daily‑wage peon‑cum‑driver employed by the Gujarat Panchayat Department, was terminated in February 1992. He challenged the termination in both a civil suit and an industrial reference before the Labour Court, which held that the termination violated Section 25‑G of the Industrial Disputes Act and ord…

The public‑interest litigation filed by Common Cause challenged the appointment of Shri Rakesh Asthana as Special Director of the CBI, alleging that the Selection Committee had not taken a decision and that the appointment was illegal, arbitrary and tainted by pending investigations. The Court examined the Delhi Specia…

The petitioner, Manohar Lal Sharma, filed a writ petition under Article 32 seeking a direction that the film "Padmavati" not be exhibited abroad without a certificate from the Central Board of Film Certification (CBFC) and that the CBI register an FIR against the film's producers under Section 7 of the Cinematograph Ac…

The case concerned the murder of Bhagwan Singh in Sikar, Rajasthan, where twenty accused were tried and nine were convicted. The Supreme Court noted that after the examination-in-chief of a key witness, the trial was adjourned for over four months, leading to several witnesses turning hostile. The Court held that under…

The appellants were originally charged under IPC sections 323, 504 and 506. Two years later, following a complaint to the National Commission for Scheduled Castes, the Commission directed the police to add an offence under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, resulting in a supplementary charge‑…

Indian Hume Pipe Co. Ltd entered into a works contract with the Rajasthan Public Health and Engineering Department to supply and lay pre‑stressed cement concrete (PSC) pipes, valves and related materials, together with civil works. The company claimed exemption from sales tax under Section 7AA of the Rajasthan Sales Ta…

The Supreme Court considered an interlocutory application filed by the Federation of Indian Industries (Southern Region) seeking permission to sell iron‑ore and manganese‑ore in Karnataka without the e‑auction mechanism overseen by the Court‑appointed Monitoring Committee. The Court examined the past experience of ille…

The Union of India appealed against a Calcutta High Court order that released two accused, Niyazuddin SK and Asif Aslam, on bail in a narcotics case involving a commercial quantity of drugs. The public prosecutor had opposed the bail application, but the High Court granted bail without addressing the special conditions…

The case concerned the appointment of a Lower Division Typist in Kerala, where the notification required a Lower Grade Certificate in KGTE Typewriting and a separate certificate in Computer Word Processing for candidates who had passed KGTE before January 2002. The appellant possessed an equivalent KGTE English Typewri…

The appellant, previously acquitted of kidnapping and rape offences, repeatedly threatened and teased the victim, a teenage girl, leading her to set herself ablaze and die. The victim’s dying declaration, recorded by a Head Constable in the presence of a doctor, implicated the appellant as the sole cause of her death. …

Maharishi Markandeshwar Medical College, a constituent of Maharishi Markandeshwar University (created under the 2010 Act), was directed by the Himachal Pradesh Government to obtain affiliation from Himachal Pradesh University under the amended Section 3(6a) of the 2006 Private Medical Educational Institutions Act. The …

The appellants, candidates who had appeared for the Gujarat Revenue Talati examination, challenged the State's decision to cancel the entire recruitment process on grounds of alleged large‑scale malpractices. The State, through a Government Resolution, cancelled the exam and ordered a fresh recruitment, arguing that th…

Virupakshappa Gouda and another were charged under several IPC sections, including 302 and 149, for an alleged honour killing. They applied for bail repeatedly; the trial court and High Court rejected the first two applications and a Special Leave Petition, but a third application was granted bail by an Additional Sess…

The case involved an alleged unlawful assembly in which members of two rival groups clashed, resulting in the death of a farmer, Channegowda. The accused were convicted by the Karnataka High Court on charges including murder (Sec. 302 IPC) and assault (Sec. 324 IPC) despite the trial court’s acquittal. On appeal, the S…

Berger Paints India Ltd. claimed a deduction under section 35D of the Income Tax Act for preliminary expenses, treating the premium received on its issued share capital as part of the "capital employed in the business of the company". The Assessing Officer disallowed the claim, the Commissioner of Income Tax allowed it…

The Himachal Pradesh Financial Corporation (HPFC) sought recovery of two defaulted loans from Anil Garg and others. HPFC had earlier filed a money suit which was withdrawn in order to pursue faster recovery under the Himachal Pradesh Public Moneys (Recovery of Dues) Act, 1973. The respondent filed multiple writ petitio…

The appellant, Chhanga (Manoj), was part of a four‑person group that hurled two bombs at a shop where an informant was present, causing only minor injuries because the bombs exploded at a distance. The appellant shouted "kill him" and was charged under Section 307 read with Section 34 of the Indian Penal Code for attem…

The case involved the murder of a woman whose decapitated body was recovered in a gunny sack from a canal. The Sessions Court convicted the two accused brothers on the basis of alleged motive, a "last seen" theory, recovery of the body, their absconding and false information given to the victim's father, and sentenced …

The State of Madhya Pradesh issued a notice under Rule 4(41) of the Madhya Pradesh Distillery Rules, 1995 demanding Rs 13,24,189.50 as excess establishment charges from Kedia Great Galeon Ltd. for the years 1995‑96 to 1997‑98. The licensee filed a writ petition challenging the demand, relying on the Supreme Court's dec…

The appellant purchased 78 consignments of zinc and copper that had been stored at the Port of Bombay after the original consignees failed to lift them. The Board of Trustees of the Port of Bombay levied demurrage charges of Rs.2,81,67,333 and granted only partial remission, which the appellant challenged. The Supreme …

Five accused attacked Rajagopal with deadly weapons, inflicting twelve serious injuries that led to the amputation of both his legs. Rajagopal, the injured eye‑witness, gave a detailed, uncontradicted testimony identifying each accused and describing the specific weapons used and injuries inflicted. The trial court con…

The appellant, Gandi Doddabasappa, was convicted by the Karnataka High Court for killing his daughter Shilpa, allegedly because she married a man of a lower caste. The trial court had acquitted him, dismissing the sole eyewitness testimony of PW‑18, but the High Court relied on that testimony, corroborated by forensic …

Agarwal Tracom Pvt. Ltd. purchased assets of a defaulting borrower at a public auction conducted by Punjab National Bank (PNB) under the SARFAESI Act. After failing to pay subsequent installments, the bank forfeited Agarwal's deposit pursuant to Rule 9(5) of the Security Interest (Enforcement) Rules, 2002. Agarwal chal…

The appellant, Kamal Kant Jain, entered into an agreement to purchase a property from the respondent, Surinder Singh, based on an authorisation letter that allowed a power of attorney holder to sell the land. The agreement required payment of earnest money, and both the authorisation letter and the agreement contained …

The case concerned the acquisition of over 300 acres of land in Haryana for residential and commercial development under the Land Acquisition Act, 1894. The Collector determined compensation using the judicially recognised Belting System, fixing Rs 33 lakh per acre for land within two acres of the road and Rs 18 lakh p…

The dispute involved a landlord‑tenant relationship where the Rent Controller and the Appellate Authority both held that the landlord satisfied the bonafide requirement under the Rent Control Act. The High Court, exercising revisional jurisdiction, set aside those findings, stating it could re‑appreciate the evidence t…

The Supreme Court examined a criminal appeal challenging the summoning of the husband’s relatives under Section 498A of the IPC in a dowry‑harassment case. It observed that a large number of 498A cases are filed in the heat of the moment, often without bona‑fide evidence, leading to uncalled‑for arrests and hardship to…

The case concerned the liability for demurrage and detention charges on ten consignments of cold‑rolled coils imported by M/s Imler International and M/s Shri Lakshmi Steels. The goods were detained by the Directorate of Revenue Intelligence (DRI) and Customs on suspicion of mis‑declaration, leading the Mumbai Port Tru…

Haffkine Bio‑Pharmaceutical Corporation Ltd., a Maharashtra government undertaking, issued a tender for bulk polio vaccine drugs which was awarded to Bionet despite the technical bid of Nirlac not being opened in the presence of its representatives, violating Central Vigilance Commission (CVC) guidelines. The High Cour…

The appellant, NARESH KUMAR alias NITU, was alleged to have been apprehended at Majhotli with two kilograms of charas, based on police testimony. An independent witness, PW‑2, testified that he was stopped by police later in the day and did not see any seizure of the appellant. The bus ticket showed the appellant board…

The appellants were convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and IPC for the murder of a Hindu leader. The Supreme Court examined whether the required prior sanction under Section 20‑A of TADA had been validly obtained. It found that the sanctioning authority had granted approval …

The petitioners, a society, challenged several provisions of the Lokpal and Lokayuktas Act, 2013, alleging they violated Articles 14 and 50 of the Constitution. The main contentions were that the Chief Justice of India or his nominee, as a mere member of the selection committee, should have primacy in appointing the Lo…

The Supreme Court examined writ petitions filed by Common Cause and other NGOs seeking a declaration that Rule 10(1) and Rule 10(4)(i) of the Search Committee Rules, 2014 were ultra vires the Lokpal and Lokayuktas Act, 2013 and that the appointment process for the Lokpal should be stayed until the pending Amendment Bil…

The appellants were named in FIR No. 53 of 2000 for offences under the IPC and the SC/ST Act but were not arraigned as accused. After the trial commenced, the complainant applied under Section 319 of the Code of Criminal Procedure to summon the appellants as additional accused. The trial court, relying solely on the co…

Venu filed a suit for partition against Ponnusamy Reddiar and obtained a preliminary decree on 23 November 1959. Thirty years later, on 3 October 1989, Venu applied for the appointment of a court commissioner to execute the preliminary decree. The appellant argued that the application was barred by the three‑year limit…

The Supreme Court examined a second appeal in which the original appellant and two respondents had died during its pendency. No application under Order XXII Rules 3(2) and 4(3) of the Code of Civil Procedure, 1908 was filed to substitute their legal representatives within the prescribed 90‑day period. The Court held th…

Petitioner Sheetal Shankar Salvi, at 27 weeks of pregnancy, sought a direction from the Supreme Court under Article 32 to allow medical termination of her pregnancy because the fetus was diagnosed with Arnold‑Chiari malformation type II with severe anomalies. A seven‑member Medical Board examined her case and reported …

The appeal arose from a suit filed in 1988 by the great‑grandson and great‑granddaughter of Perumal Naidu (plaintiffs) seeking declaration and possession of properties that had been bequeathed by their great‑grandmother Alamelu Ammal to her sister Ramanujatha Ammal (defendant). The plaintiffs claimed that Alamelu held …

The Union of India appealed a High Court order that appointed an independent arbitrator in a dispute with BESCO Ltd. The issue was whether, under Section 11(6) of the Arbitration and Conciliation Act, 1996, the Chief Justice of a High Court or a designated judge must appoint the arbitrator named in the parties' agreeme…

The appellant, A.T. Sivaperumal, issued a cheque of Rs.10,22,419 to the complainant, Mohammed Hyath, to discharge a loan, but the cheque was returned marked "account closed". A complaint under Section 138 of the Negotiable Instruments Act was filed; the trial court acquitted the appellant for lack of proof, but the Kar…

The appellant, a young man, trespassed into the victim's house and poured acid on her head after his marriage proposal was rejected, causing grievous hurt. He was convicted under Sections 326 and 448 of the Indian Penal Code and sentenced by the trial court to one year of rigorous imprisonment with fines. The High Cour…

The Haryana Urban Development Authority (HUDA) conducted an auction of a 9.527‑acre commercial tower in Gurgaon, where Orchid Infrastructure Developers (formerly Bhudeep Builders) submitted the highest bid of Rs 111.75 crore and deposited 10% on the spot. HUDA, through its Administrator, rejected the bid on the ground …

The New Okhla Industrial Development Authority acquired land of several owners in 1990‑1992 using the urgency provision of Section 17 of the Land Acquisition Act, 1894. The owners challenged the acquisition in the High Court, which dismissed their writ petitions, and the Supreme Court upheld the acquisition while allow…

The plaintiffs purchased a house in 1985 and sued the original defendant, who had been living in two rooms of the house even before the purchase, for a declaration of title and possession of the entire house. The trial court dismissed the suit, holding the defendant had acquired title by adverse possession; the first a…

The case concerned Excise and Taxation Officers (ETOs) who had been granted retrospective promotions to dates earlier than their actual appointments, thereby gaining seniority over directly recruited officers. The petitioners (direct recruits) challenged the validity of these retrospective promotions, arguing that the …

The appellant, Vishnu Bhagwan Agrawal, insured jute stock with National Insurance Co. and later purchased additional jute, seeking an increase in the sum insured. The insurer did not formally acknowledge the increase, leading to a dispute over whether the policy was effectively amended and whether the value of the jute…

The Supreme Court examined a public‑interest writ challenging the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004. The petitioners argued that the State Legislature lacked authority to create the office of Parliamentary Secretary and that the Act violated the 9…

An accused in an NDPS case complained that his advocate had charged exorbitant fees and withdrawn from representation, seeking a refund. The Bar Council disciplinary authority examined the complaint, absolved the advocate, and ordered a partial refund of Rs.4 lakhs. The High Court, however, convicted the advocate of cr…

The Greater Bombay Co‑operative Bank attached a flat owned by guarantors Shri Dhillon P. Shah and Smt. Shivangi Shah to recover a cash‑credit default. After the guarantor's death, respondent No.1, Nagraj Ganeshamal Jain, claimed he had purchased the flat under an alleged agreement to sell dated 04‑10‑1995 and sought me…

The appellants (land owners) entered into five sale agreements with Mis. Tanmay Developers, each involving payment of earnest money. The developer failed to obtain sale deeds within the stipulated time, leading the land owners to forfeit the earnest money. After a land acquisition notification in 2008, the parties file…

The appellant Gujarat Urja Vikas Nigam Ltd. entered into a Power Purchase Agreement (PPA) with Solar Semiconductor Power Co. for a solar project, which stipulated a specific tariff and a control period ending on 28‑Jan‑2012. The respondent sought an extension of this control period, arguing that the Gujarat Electricity…

The appellant participated in a public auction of four nazul plots and deposited a Rs.3 lakh security as required by the public notice. After his bid was accepted, the State officer sent a letter imposing four "special terms and conditions" which the appellant had not been informed of earlier, and he refused to accept …

The case arose from the beating of Hariya on 30 August 1990 by five persons, including Pooranlal and Gaya Prasad, who later died after 14 days of injuries. The trial court acquitted all five accused, but the High Court set aside the acquittal of Pooranlal and Gaya Prasad, convicting them under Section 304 Part II read …