A M AHMADI

During the severe drought of 1971‑72, the Maharashtra government undertook scarcity‑relief road works, taking land without compensation. In 1991, an agriculturist filed a writ petition under Article 226 seeking compensation, alleging a 20‑year delay (laches). The Bombay High Court dismissed the laches defence and grant…

The petitioners, contractors who had contracts with the State of Orissa, obtained arbitral awards from Special Arbitration Tribunals which were later made "Rules of Court" by civil courts. The State subsequently enacted the Arbitration (Orissa Second Amendment) Act, 1991, which retrospectively nullified those awards, e…

The Supreme Court examined the scheme devised by the Delhi Municipal Corporation (MCD) for granting Tehbazari (market) permission to squatters and hawkers under the Delhi Municipal Corporation Act. The Court clarified that the MCD's sub‑classification of squatters—those possessing a survey‑report receipt versus those p…

The Supreme Court examined the 1993 Bombay bomb blasts case, where 145 persons were charged under the IPC and the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). The Court clarified the law on criminal conspiracy, holding that knowledge of an illegal use can be inferred when the goods (e.g., RDX) hav…

The case concerned the death of Ram Dhiraj Tiwari while in police custody. The prosecution alleged that Sub‑Inspector Rafiuddin Khan (Accused No.1) beat the deceased with lathis and dandas after his arrest on 19 Oct 1971, causing 28 injuries that led to death, and also demanded a bribe. The defence claimed the arrest o…

The petitioner sought anticipatory bail under Section 438 of the Code of Criminal Procedure, and the High Court granted an ad‑interim order valid until 26 September 1995, imposing a condition that he report daily to the police station. Upon expiry of that order, the High Court judge directed the petitioner to file a re…

The petitioners, an association of Uttar Pradesh State Civil Service officers, challenged the First Amendment Rules (1989) to the IAS (Regulation of Seniority) Rules, arguing that the proviso limiting Rule 3(3)(ii) to prospective operation denied them full weightage of seniority and violated Articles 14 and 16(1) of th…

M/s T.V. Sundaram Iyengar & Sons Ltd. received deposits from customers in the ordinary course of its trade. The deposits were initially recorded as capital receipts (security deposits). When a portion of these deposits remained unclaimed for a long period, the company wrote them off to its profit and loss account. The …

The employee, Francis De Costa, was injured in a road accident while riding his own bicycle to work, about one kilometre from his factory and fifteen minutes before his shift began. He claimed disablement benefit under the Employees' State Insurance Act, 1948, and the ESIC Court allowed the claim, which was later dismi…

The Shri Chander Chinar Bada Akhara Udasin Society established a private medical college but the Jammu & Kashmir Government failed to frame admission guidelines. Students filed a writ petition; the High Court single judge formed a committee that selected candidates via oral interviews and a short time‑table, which the …

The Ahmedabad Municipal Corporation submitted a revised development plan under the Bombay Town Planning Act in January 1976. The Gujarat Town Planning and Urban Development Act, 1976 came into force on 30 January 1978, repealing the Bombay Act and establishing the Ahmedabad Urban Development Authority (AUDA) with power…

The Supreme Court examined the appeal of Karnel Singh, convicted under Section 376 IPC for raping a female labourer, Panchbai, at a factory on 28 August 1987. The prosecution presented the victim's testimony, medical evidence of semen stains on her petticoat and in her vagina, and noted the absence of physical injuries…

The murder of Jayantilal Vadodaria led to the arrest of four assailants and two villagers, Anirudhsinh Jadeja (Sarpanch) and Digubha Jadeja, who had concealed the murder weapons on the latter's field. The State invoked the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) against the two villagers and a…

The appellant, A. Neelalohithadasan Nadar, was declared elected from the Kovalam Assembly seat, but the first respondent, George Mascrene, filed an election petition alleging double voting and void votes under Section 62(4) of the Representation of People Act, 1951. The Kerala High Court inspected ballot papers and ele…

The State of Bihar advertised vacancies for junior teaching posts in its medical colleges and fixed 31 January 1988 as the last date for receipt of applications, requiring three years of experience as a Resident or Registrar. Several junior teachers, including Ramjee Prasad, challenged the cut‑off date, alleging it was…

This landmark judgment concerns the scope of Article 356 of the Constitution of India, which empowers the President to impose President's Rule in states upon failure of constitutional machinery. The case consolidated challenges to proclamations dissolving legislative assemblies in Karnataka, Meghalaya, Nagaland, Madhya…

The appellants, Kishun Singh and others, were not named in the charge‑sheet filed after a police investigation of a murder, but were listed in the FIR. The Sessions Judge, after the case was committed to his court under Section 209 of the CrPC, impleaded them as co‑accused under Section 319 before any trial evidence wa…

Six brothers who were partners in two firms entered into arbitration to resolve disputes. The arbitrators awarded a division of the firms' assets, including immovable properties, among the brothers upon dissolution. A Single Judge ordered the award to be registered before it could be made a rule of court; the Division …

The Reserve Bank of India introduced a new pension scheme in 1990, replacing the Contributory Provident Fund (CPF) scheme. Regulations 3(3) and 31 fixed a cut‑off date of 1 January 1986, allowing only employees who retired on or after that date (and before 1 November 1990) to opt into the pension scheme by refunding CP…

The petitioners filed a writ in the Allahabad High Court which was initially listed before Justice A.P. Singh. On 22 December 1995 the Chief Justice reconstituted a Division Bench comprising Justice V.N. Khare and Justice A.P. Singh, but Justice Singh refused to sit on the bench and instead heard the matter singly, gra…

The State of Bihar issued a resolution (No.20) that candidates from reserved categories who qualified on merit would not be adjusted against the reserved quota, leading to grievances that such candidates were denied their preferred courses. The Patna High Court devised a seat‑allocation scheme whereby reserved seats we…

The appellant, an advocate, was suspended for two years by the Bar Council of India on a complaint that she colluded with the opposing party and other lawyers to set aside an ex‑parte decree, allegedly acting as a mediator and misappropriating Rs. 3,500. The disciplinary committee relied on the complainant's affidavit,…

A selection committee was formed to appoint a Reader in Linguistics in the Department of Hindi at the University of Lucknow. The committee, comprising three experts in Hindi literature rather than linguistics, recommended Dr. Triloki Nath Singh for the post, placing Dr. Bhagwan Din Misra second. Dr. Misra challenged th…

Ashok Kumar was convicted of murder and sentenced to life imprisonment. He sought premature release under the Rajasthan Prisons (Shortening of Sentences) Rules, 1958, arguing that Section 433A of the Code of Criminal Procedure, 1973 – which imposes a 14‑year minimum before any release for life convicts of capital offen…

Pradeep Krishen, an environmentalist, filed a writ petition under Article 32 challenging a Madhya Pradesh Forest Department order that allowed villagers around sanctuaries and national parks to collect tendu leaves. He argued that the order was ultra‑violet to the Wild Life (Protection) Act, 1972 and violated Articles …

The appellant purchased a joint‑family property from the father of the respondents when the latter were minors, for Rs 9,000. After the father's death, the respondents filed a partition suit alleging that the sale was for inadequate consideration, that there was no legal necessity, and that most of the alleged antecede…

The appellant, a butcher, challenged the 1991 amendment to the Madhya Pradesh Agricultural Cattle Preservation Act that imposed an absolute ban on slaughter of bulls and bullocks, alleging it violated his fundamental right to trade under Article 19(1)(g) and was not a reasonable restriction in the public interest. The …

The Supreme Court entertained a habeas corpus petition filed by the relatives of seven men who were allegedly abducted by a Punjab police party led by a Deputy Superintendent of Police on suspicion of involvement in a militant kidnapping. The Court ordered a CBI inquiry, which concluded that the victims were unlawfully…

The appellant, Mis. Ramnarayan Satyanarayan Agrawal Distilleries Pvt. Ltd., employed only 22 workers and sought to manufacture potable alcohol under a state‑granted permission. Respondents, Associated Alcohols & Breweries Ltd. and others, challenged the appellant's tender, arguing that only a licence from the Central G…

In the 1989 Mizoram Assembly elections, fifteen unsuccessful MNF candidates filed election petitions alleging corrupt practices by the elected Congress(I) candidates. The High Court rejected preliminary objections, allowed certain amendments, and struck out vague paragraphs, prompting the returned candidates to appeal …

The wife of Iqbal Singh set herself and her three children on fire on 7 June 1983 after prolonged dowry harassment by her husband, his mother and sister. She had previously complained to police and written letters detailing the abuse and her fear for her life. The husband, his mother and sister were charged under Secti…

The case concerned the murder of four liquor‑shop workers and the attempted murder of a fifth person. The prosecution relied mainly on the ocular testimony of two injured witnesses (PW‑3 and PW‑4), ballistic evidence linking a rifle owned by the accused A‑1, and circumstantial evidence. The appellants challenged the ad…

Allied Motors (P) Ltd. claimed a deduction for sales‑tax collected in the last quarter of its accounting year 1983‑84, which was paid to the treasury in the next year but before the filing deadline. The Income‑Tax Officer disallowed the deduction under Section 43B of the Income Tax Act, 1961. The petitioner argued that…

The assessee firm, whose partners were Karta of their respective Hindu Undivided Families, advanced personal funds to the firm and received interest on those deposits. The firm claimed a deduction for this interest under Explanation 2 to Section 40(b) of the Income Tax Act, 1961, but the Income Tax Officer disallowed i…

The Supreme Court examined the constitutional validity of the Bharat Petroleum Corporation Ltd. (Determination of Conditions of Service of Employees) Act, 1988 and the schemes framed under it in 1989 and 1996. The appellant union argued that Section 3 of the Act gave the Central Government unguided power, that the retr…

The Collector of Central Excise appealed against the classification of three types of laminated sheets—decorative, industrial (paper‑based), and glass‑epoxy—manufactured by Bakelite Hylam Ltd. The issues concerned whether the sheets fell under Entry 15A(2) of the 1944 Excise Act, the residuary Entry 68, or various entr…

The State of Bihar prepared a panel of 273 candidates for Assistant Teacher posts under the 1975 Bihar Government Assistant Teachers Service Encadrement Appointment and Transfer Rules. While 98 candidates were appointed (91 joined), the remaining candidates were placed on a waiting list. The High Court, by interim orde…

The Central Bank of India charged its employee C. Bernard with claiming a loss‑adjustment facility using forged travel receipts. The Bank appointed Shri U.B. Menon as Enquiry Officer and Disciplinary Authority, but Menon retired during the enquiry and continued to conduct it, ultimately ordering Bernard's discharge. Th…

The petitioners, accused in the 1993 Bombay blast case, were charged under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for knowingly possessing an AK‑56 rifle and ammunition. They argued that the possession was for self‑defence, not for terrorist purposes, and sought bail. The Supreme C…

The appellants, Amir Shad Khan and Aziz Ahmed Khan, were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after gold bars were recovered from their vehicle. They were served detention orders that allowed them to make representations to the State Government, Central Go…

The appellants were convicted under IPC sections 366 and 368 and sentenced to three years' rigorous imprisonment with a fine. They appealed to the Allahabad High Court, which admitted the appeal, stayed the sentence, and granted bail, but later dismissed the appeal for non‑prosecution because the appellant and his coun…

The Hailakandi Bar Association filed a writ petition under Article 32 alleging that Superintendent of Police A.K. Sinha Cashyap submitted a false report and affidavit to the Supreme Court to conceal police brutality that led to the death of under‑trial prisoner Nurul Haque. The Court examined the CBI investigation, med…

The Army Welfare Housing Organisation (AWHO) was tasked with constructing 422 flats in Som Vihar, New Delhi, and invited applications from serving and retired army officers in 1979. Four senior officers – Brig. D.K. Jetley, Col. Dahiya, Col. Gupta and Col. Khandpur – each claimed entitlement to two of the flats, relyin…

M.P. Jain, adopted into his uncle's family, received 28 acres from the adoptive family and inherited 19 acres 19.5 gunthas from his natural father, who became his uncle after adoption. The Commissioner under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 held that the inherited land …

Dr. Ajay Singh Rawat, a member of the Nainital Bachao Samiti, filed a writ petition under Article 32 of the Constitution seeking directions to curb severe environmental degradation in Nainital caused by water, air, noise and other forms of pollution. The Supreme Court appointed a commissioner to investigate issues such…

Shri K. Kumar died in a bus accident in 1990. The Consumer Protection Council, Tamil Nadu, filed a claim before the National Consumer Disputes Redressal Commission (NCDRC) on behalf of his legal representatives, seeking compensation. The NCDRC awarded Rs. 5.10 lakh without addressing the question of its jurisdiction. T…

S.S. Uppal, a State civil servant, was selected for absorption into the Indian Administrative Service (IAS) against a non‑state quota. Although his name appeared in a panel for a vacancy that arose on 1‑Feb‑1989, he was actually appointed on 15‑Feb‑1989, after the seniority rules were amended on 3‑Feb‑1989. Uppal chall…

The dispute concerned ownership of certain properties and was referred to arbitration, resulting in an award on 26 February 1986. Neither party applied to file the award in court within the 30‑day period prescribed by Article 119 of the Limitation Act, 1963. Six years later, the arbitrator himself filed the award and s…

The National Human Rights Commission filed a writ petition under Article 32 on behalf of about 65,000 Chakma refugees settled in Arunachal Pradesh, alleging persecution, quit notices and threats of eviction by the All Arunachal Pradesh Students Union. The Chakmas had applied for Indian citizenship under Section 5(1)(a)…

The State of Maharashtra entered into a construction contract with National Construction Co. and obtained a performance guarantee from the Central Bank of India. When the contractor abandoned the work, the State sued the bank alone for the guaranteed amount; the suit was dismissed for non‑joinder of the contractor and …

Karamjeet Singh filed a writ petition under Article 32 of the Constitution claiming to be the next friend of two convicts sentenced to death for desecrating a religious shrine, alleging that the convicts were under a legal disability due to an intense religious obsession. The convicts had expressly instructed that no r…

The Delhi High Court upheld the University Grants Commission (UGC) Regulations of 1991 that require a written eligibility test for appointment of lecturers in Delhi University and its affiliated colleges. The University challenged the regulations as beyond UGC's competence, directory rather than mandatory, and an infri…

The case concerned the method of preparing an All‑India seniority list for officers of the Customs Appraisers Service, Class II. The Government had issued a circular in 1986 that placed promotee appraisers together based on continuous service and direct recruits based on UPSC ranking, then merged the two lists in a 1:1…

The Bombay Port Trust fixed reservation percentages for promotional posts at 15% for Scheduled Castes (SC) and 7.5% for Scheduled Tribes (ST), matching the All‑India policy, whereas the State of Maharashtra prescribed 7% for SC and 9% for ST at the time of initial recruitment. The Bombay High Court held that the Trust …

The CBI investigated the kidnapping of four diamond merchants and a person named Kulkarni, who was arrested on 4 October 1991 and produced before the Chief Metropolitan Magistrate. After an initial period of judicial custody, the CBI sought police custody for Kulkarni, but the magistrate refused, relying on a prior Del…

Dr. Haniraj L. Chulani, a practising surgeon, applied for enrollment as an advocate but was rejected by the Maharashtra and Goa State Bar Council under Rule 1, which bars persons engaged in any other profession from being enrolled. He challenged the rule on grounds of excessive delegation of legislative power and viola…

The respondent was appointed as an ad‑hoc lecturer in 1985 at a college affiliated to Purvanchal University (formerly Gorakhpur University) after selection by a committee and approval by the Vice‑Chancellor. The 1991 Uttar Pradesh Higher Education Services Commission (Amendment) Ordinance introduced Section 31‑C, allow…

The appellants were charged under the IPC and Sections 3(1) and 3(2)(i) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for setting fire to a house during the 1993 Bombay riots, resulting in many deaths. The Designated Court denied bail, and the appellants contended that because TADA was a temporary …

Dr. B.S. Panchal was arrested under the Narcotic Drugs and Psychotropic Substances (NDPS) Act on 8 November 1993. Both the City Sessions Judge and the Gujarat High Court denied his bail applications, relying on Section 37 of the NDPS Act and the precedent set in Narcotics Control Bureau v. Kishan Lal. The appellant con…

The Board of Trustees for the Port of Calcutta contracted with Engineers‑de‑Space‑Age, including a clause (13(g)) that barred the Commissioners from entertaining any claim for interest on delayed payments. An arbitrator, however, awarded interest pendente lite. The Board appealed, contending that the clause prohibited …

The appellant, J.P. Daftari, was elected Sarpanch of Seloo Gram Panchayat by secret ballot, but the election was set aside by the Collector because no member had demanded a secret ballot, as required by Rule 10(2) of the Bombay Village Panchayat (Sarpanch and Upa‑Sarpanch) Election Rules, 1964. The Commissioner upheld …

The petitioners, Chandraswami and another, were accused of cheating under Sections 120B and 420 of the IPC for allegedly obtaining US$1 lakh from a complainant in 1983. They were arrested in 1988, released on bail with conditions, and later permitted to travel abroad. After a Supreme Court‑ordered restraint on foreign …

The State of Haryana appealed a High Court order that had granted daily‑wage mail‑cum‑chowkidars and pump operators the same salary as regular employees of the same posts. The Supreme Court held that the principle of "equal pay for equal work" cannot be mechanically applied to daily‑rated workers because they differ in…

The State of Haryana appealed against orders of the Punjab and Haryana High Court that had granted regularisation and equal‑pay relief to a group of casual water‑pump operators led by Dharampal. The workers claimed that, on the principle of equal pay for equal work, they were entitled to be regularised and to receive p…

The Supreme Court Legal Aid Committee filed a writ petition on behalf of undertrial prisoners detained under the NDPS Act, alleging that delays in constituting special courts and stringent bail provisions violated Articles 14, 19 and 21. The petition sought quashing of the prosecutions and release of the undertrials. T…

The accused were charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Indian Penal Code for the murder of Raju and injury to Keshav. They contended that TADA was wrongly invoked, arguing that the motive was inter‑gang rivalry, not terror. The Designated Court held that the stateme…

The Assistant Collector of Central Excise appealed against Bata India Ltd. alleging that the manufacturer could not claim exemption under a notification that exempted footwear valued up to Rs.60 per pair when its wholesale price exceeded that limit. Bata argued that by deducting the 10% excise duty from the wholesale p…

The appellant, U.P. State Road Transport Corporation, was sued for compensation after its omnibus caused the death of Prem Chandra, aged 26. The claimants calculated loss of dependency based on a monthly surplus of Rs.200 and applied a multiplier of 24 years, which the Tribunal used; the High Court corrected the multip…

V.S. Murthy, a former railway clerk, was deputed to Hindustan Organic Chemicals Limited, a public sector undertaking, and later absorbed permanently. While on deputation he received his regular railway pay plus a deputation (duty) allowance. Upon retirement he claimed that the allowance should be counted as "emoluments…

Inacio Martins filed a suit for declaration and injunction concerning his tenancy of a coconut grove, which was dismissed because he was not in possession. He subsequently filed a suit for restoration of possession, alleging unlawful dispossession by the defendants. The defendants contended that the second suit was bar…

The Election Commission of India sought to requisition a large number of officers and staff of the State Bank of India for election duties under Article 324(6) of the Constitution. The State Bank Staff Association challenged the requisition, arguing that the Commission had no power under Section 26 of the Representatio…

Mis Voltas Ltd. entered into exclusive distribution agreements with numerous manufacturers, containing territorial and exclusive dealing clauses. The Monopolies and Restrictive Trade Practices Commission (MRTPC) issued notices under Section 10(a)(iii) and Section 37 of the Monopolies and Restrictive Trade Practices Act…

The appellant, Sharimk Uttarsah Sabha, a trade union, sought to be impleaded in an Industrial Court proceeding where Raymond Woolen Mills Ltd. had complained of unfair labour practices under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The Industrial Court had restrai…

The petitioner, a practising advocate belonging to a Scheduled Caste, applied for an Additional District & Sessions Judge vacancy in 1985, which was reserved for a Scheduled Tribe (ST) candidate. No suitable ST candidate was available, and the vacancy remained unfilled while three Scheduled Caste candidates were select…

The appellant, Chemical and Fibres of India Ltd., manufactured nylon yarn and, in the process, produced polymer chips (Nylon 6 chips) from caprolactam monomer. The issue was whether these polymer chips fell within Item 15A of Schedule I to the Central Excise and Salt Act, 1944, as it stood between 1962‑1972 – first as …

The Supreme Court examined a massive promotion anomaly in the Uttar Pradesh Food and Civil Supplies Department where numerous junior clerks were promoted to Supply Inspector posts in violation of seniority rules, depriving senior employees of their rightful promotions. The petitioners argued that these promotions breac…

The Supreme Court examined the sluggish implementation of the Consumer Protection Act, 1986, specifically the failure of many States and Union Territories to establish District Forums as mandated by Section 9. The petitioners, a registered society, sought directions under Article 32 to compel the governments to set up …

The Union Government sent a requisition to the UPSC to fill a vacancy of Assistant Director General (Prevention of Food Adulteration) by direct recruitment. Before the UPSC could advertise, the Government informed it that it was considering amending the rules to allow promotion from Assistant Secretary and asked the UP…

The workmen employed by the Maharashtra Forest Department under the Panchgaon Parwati Scheme and social‑forestry projects alleged that they had been kept as casual labourers for five to six years, constituting an unfair labour practice under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Pr…

The petitioner, S.P. Anand, filed a public‑interest litigation under Article 32 challenging the appointment of H.D. Deve Gowda as Prime Minister on the ground that he was not a member of either House of Parliament, alleging violations of Articles 14, 21 and 75 of the Constitution. The Court examined the constitutional …

The appellant, a lady doctor, rented the ground floor of a house in 1963 for residential-cum-clinic purposes. She later built her own house and shifted her residence, but continued using the rented premises solely as a clinic. The respondent landlady filed for eviction under Section 14(1)(k) of the Delhi Rent Control A…

This public interest litigation concerned the appointment of judges to the Supreme Court and High Courts, and the transfer of High Court judges. The case was referred to a nine-judge bench to reconsider the majority view in S.P. Gupta v. Union of India (1982), which held that the Central Government had primacy in judic…

The appellants challenged the constitutional validity of the Rajasthan Urban Lands Tax Act, 1964 as amended in 1973 to levy tax on both lands and buildings, arguing that the amendment exceeded the State's legislative competence and rendered the entire legislation "still‑born." The High Court dismissed the writ petition…

New India Assurance Co. issued a comprehensive insurance policy for a bus owned by respondent No.4. The bus was involved in an accident caused by the negligent driving of respondent No.5, resulting in the death of a passenger, Laxman Singh, who was riding on the roof with the driver’s permission. The legal heirs claime…

The Supreme Court examined the Election Commission's directives that empowered district collectors and police to determine a person's citizenship and delete alleged foreign nationals from electoral rolls. Petitioners challenged the procedure, arguing that notices relied solely on police reports, limited the documents t…

R.D. Hattangadi, a practising advocate, was severely injured in a head‑on collision between a car owned by Mis. Pest Control (India) Pvt. Ltd. and a motor lorry, resulting in 100% disability and paraplegia. He filed a claim under Section 110‑A of the Motor Vehicles Act, 1939 seeking compensation for medical expenses, l…

R. Balakrishna Pillai, a former Kerala Minister for Electricity, was charged with criminal conspiracy (IPC s.120‑B) and an offence under the Prevention of Corruption Act for supplying electricity to a private firm in Karnataka without the Kerala Government's consent. The Kerala High Court held that sanction under CrPC …

Syed Abu Thakir was injured while alighting from a bus owned by the appellant and died en route to the hospital. His family claimed Rs 92,000 compensation from the bus owner, the insurer, and the driver. The Motor Vehicles Tribunal awarded the full amount but limited the insurer's liability to Rs 10,000, invoking Secti…

The main partnership, Mis. Nizamabad Group Sendhi Contractors, was a licensed lessee under the Abkari Act and was registered under the Income Tax Act. One of its partners, B. Posetty, could not meet his capital contribution, so he and nine others formed a sub‑partnership, "B. Posetty and Co.," to finance his share. The…

The State of West Bengal prosecuted Falguni Dutta and another for contravening orders under the Essential Commodities Act, 1955. The respondents were arrested on 16 March 1984, but the charge‑sheet was filed after the statutory six‑month period, and the Special Court under Section 12A took cognizance on 13 March 1987. …

The Supreme Court examined a Special Leave Petition filed by the Director of the CBI and other officials challenging observations made by a Kerala High Court Division Bench in a writ petition filed by the public‑interest group Niyamavedi. Niyamavedi sought the arrest and suspension of the IG of Police, alleging his inv…

The appellant, an Additional Collector of Customs, was charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 in the Bombay bomb blast case for allegedly colluding with smugglers to import arms and explosives. The Designated Court dismissed his bail application under Section 20(8) of TADA, relying…

M/s Indian Petrochemicals Corporation Ltd. obtained raw naphtha at a concessional rate under Notification No. 27/89‑CE for manufacturing chemicals listed in the schedule. The raw naphtha was thermally cracked, producing olefinic rich gas, pyrolysis fuel oil and pyrolysis gasoline; the latter was further processed to yi…

The Animal and Environment Legal Defence Fund challenged the Madhya Pradesh government's order granting 305 fishing permits to tribals residing in the Pench National Park area, arguing that such permits would damage the park's biodiversity and contravene the Wild Life (Protection) Act, 1972 and the Indian Forest Act. T…

The case concerned the merger of the Time Keepers cadre with the clerical cadre in all Naval establishments by a Presidential Order dated 14 September 1966. The Supreme Court examined whether the subsequent order of 5 December 1966 could alter that merger and whether employees could be transferred without losing overti…

The manager of a village cooperative Samiti (the second respondent) was dismissed on charges of embezzlement. Claiming that the dismissal order was never served, he filed a civil suit for injunction, which was later withdrawn, and also lodged a complaint under Section 28‑A of the Rajasthan Shops and Establishment Act. …

The petitioners, a retired employee of Indian Oxygen Ltd. and a pensioners’ society, challenged the scheme of the company’s non‑contributory approved superannuation fund. They argued that improvements made to the fund in 1985 should have been extended to existing pensioners and that the denial of such benefits violated…

The Supreme Court revisited the implementation of its earlier Mandal judgment, which required the exclusion of socially advanced persons (the "creamy layer") from reservations for Other Backward Classes (OBCs). The State of Kerala had repeatedly failed to comply with the Court's directions despite multiple extensions, …

The appellants, dealers in petrol and diesel in Mahe, challenged the levy of a municipal tax on fuel and the subsequent Pondicherry Municipal Decree (Levy and Validation of Taxes, Duties, Cesses and Fees) Act, 1973. The High Court had struck down the original levy and later upheld the Validation Act as intra vires. On …

The appellant, a lawful owner of a field, discovered the deceased Bhikari Pradhan and his companions illegally ploughing the land. He demanded they unyoke their bullocks; when they refused, he struck the unarmed, seated deceased on the head with a stick, causing fatal injuries. The trial court acquitted him on the basi…

Ms. Kamini Jaiswal filed a public interest writ petition under Article 32 of the Constitution seeking the closure of high‑pressure gas pipelines operated by GAIL and ONGC until an independent expert inquiry certified their safety. The petitioner alleged that the pipelines, particularly the DESU‑Maruti spurline, were la…

The State of Tamil Nadu challenged the inclusion of bottle deposit amounts collected by Mc. Dowell & Co. Ltd., a liquor distributor, in its sales turnover for sales tax purposes. The distributor paid a deposit to its principal, United Breweries Ltd., for each bottle supplied and collected an equal deposit from its cust…

United Breweries Ltd. (the appellant) challenged the assessment of sales tax on the value of bottles and crates supplied with its beer, arguing that these were not sold but were returned against a refundable deposit. The Commercial Tax Officer, the Tribunal and the Andhra Pradesh High Court held that the bottles and cr…

The appellant contracted to transport waste and finished products for the respondent. A dispute arose and the appellant invoked Section 20 of the Arbitration Act, 1940, leading to a sole arbitrator’s award of Rs 5,29,864.55 with 18% interest from 1 April 1983. The City Civil Court confirmed the award, but the High Cour…

The Supreme Court heard contempt petitions filed by Assistant Conservators of Forest (direct recruits and promotees) who alleged that the Uttar Pradesh Government had violated the Court's earlier directions in Keshav Chander Joshi v. Union of India regarding the fixation of inter se seniority. The petitioners contended…

The National Commission for Scheduled Castes and Scheduled Tribes issued an interim order directing Indian Overseas Bank to halt its promotion process pending investigation of complaints relating to reservation. The bank and the candidates filed a writ petition, and the Delhi High Court set aside the Commission’s order…

The Union of India sued Union Carbide Corporation (UCC) in the US District Court, which ordered a $5 million interim relief to be paid to the Indian Red Cross Society for Bhopal gas victims, stating the amount was an advance payment and would be set‑off against any final judgment. After the US case was dismissed on for…

The petitioner, appointed as a temporary Staff Officer‑cum‑Instructor in the West Bengal Directorate of Civil Defence in 1965, claimed to be a member of the Civil Defence Corps and sought uniform service conditions under the Central Civil Defence Act, 1968. He argued that the Central Government, which can frame regulat…

R.L. Khurana, originally a clerk in the Punjab Police, was appointed as an Excise Sub‑Inspector and later reverted to his parent department. He obtained a decree from a civil court confirming his right to continue in the substantive Excise post, overturning the reversion. Subsequently, the Excise Commissioner retired h…

Three appellants were arrested in Gujarat and, after a police search, charas was seized from them. They were convicted under Section 20 of the NDPS Act and Sections 65 and 66 of the Bombay Prohibition Act. The appellants argued that the police had not informed them of their right, under Section 50 of the NDPS Act, to b…

Burn Standard Company Ltd., a Government undertaking, entered into a technical collaboration agreement with McDermott International Inc. to obtain foreign technical know‑how, requiring RBI permission under Section 28(1)(b) of the Foreign Exchange Regulation Act, 1973 (FERA). The agreement received approval from the Sec…

The Andhra Pradesh Public Service Commission advertised 60 vacancies for Deputy Executive Engineers and, following Rule 4 of the Andhra Pradesh Engineering Service Rules, gave preference to candidates with post‑graduate qualifications. Graduates who scored higher marks were excluded, leading to challenges in the Admini…

The Oxford English School challenged the acquisition of its land by the Government of Tamil Nadu. A notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 8 September 1982 and a declaration under Section 6 was issued on 19 December 1983 (published 15 February 1984). The school obtained a sta…

The assessees, M/s Steel Strips Ltd., manufactured cold‑rolled steel strips from hot‑rolled strips, which under Central Excise Tariff Item 26AA attracted a higher duty (Rs 650/MT) than hot‑rolled strips (Rs 450/MT). The excise authorities contended that the cold‑rolled strips were the result of a distinct manufacturing…

The appellants, a slum‑dweller association and a resident, challenged a 1981 notification that reduced the declared slum area in Bangalore, alleging denial of a hearing and violation of natural justice and Article 14. The High Court had dismissed the petition on the ground of lack of locus standi, but the Supreme Court…

Hindustan Construction Co. Ltd. entered into a dam‑construction contract with the Government of Orissa. A dispute over escalation charges and other sums exceeding Rs 1 crore was referred to an Arbitration Tribunal, which directed the State to refer the matter to a Special Arbitration Tribunal under the proviso to sub‑s…

The appellant filed a private complaint for offences under IPC sections 323 and 452 before a Judicial Magistrate First Class, who transferred the case to a Second Class Magistrate for enquiry under CrPC sections 192(2) and 202. The Second Class Magistrate issued process against the respondents, who challenged the issua…

The appellants Bijaya Kumar Agarwala and Jagdish Prasad were stopped while transporting paddy in trucks that exceeded the quantity permitted for storage under the Orissa Rice and Paddy Control Order, 1965, and were convicted under Section 7 of the Essential Commodities Act, 1955 for allegedly storing the commodity with…

Satish Chandra challenged Sections 4, 5, 16, 21 and 27 of the Companies (Amendment) Act, 1988 on the grounds that Parliament lacked competence to create the Company Law Board (CLB) and that the Act failed to protect minority shareholders. The petition argued that the power under Section 397 of the Companies Act, 1956 w…

The film "Bandit Queen", based on the life of Phoolan Devi, was certified 'A' by the Appellate Tribunal under the Cinematograph Act after it was found to depict the consequences of social evils such as rape and oppression. The petitioner, Bobby Art International, challenged the High Court's order that quashed the certi…

In the 1993 Nagaland Legislative Assembly election for Dimapur Constituency No.1, Vikheshe Sema was declared winner by a margin of 137 votes over Hokishe Sema. The respondent filed an election petition alleging that duplicate entries in the electoral roll had allowed some voters to cast more than one vote, thereby mate…

Gujarat University prescribed a rule for admission to its limited super‑speciality (M.Ch./D.M.) courses giving first preference to its own graduates, second preference to other Gujarat‑state university graduates, and leaving any remaining vacancies unfilled. Rajiv G. Bhatt, not a Gujarat University graduate, was denied…

The Supreme Court examined whether the freely transferable "replenishment licences" (R.E.P. licences) and later "Exim Scrips" issued under the Imports and Exports (Control) Act, 1947 constitute "goods" for the purpose of state sales‑tax statutes. The Court held that these licences have an independent market value, are …

The appellant, an arrack shop in‑charge, complained to senior police officials that the Additional Superintendent of Police, K. Shanmuganan, was colluding with illicit distillers. The respondent summoned the appellant, beat him and later tortured him. The appellant filed a criminal complaint under several IPC sections.…

M/s. Warden and Co. (India) Pvt. Ltd. manufactures fibre drums whose cylindrical side is paper, while the lids and bottom are plywood reinforced with steel rings. The company sought to have the drums classified under Central Excise Tariff Item No. 17(4) and to claim exemption under Notification No. 66/1982. The Assista…

A Division Bench of the Madhya Pradesh High Court held that the State could not reduce the minimum qualifying marks in General English for admission to medical and dental colleges to create seats for SC/ST candidates. The State of Madhya Pradesh filed Special Leave Petitions challenging that order. The Supreme Court, r…