AJAY PRAKASH MISRA

The appellants, Live Oak Resort Ltd., obtained a 3‑star rating and applied to the Panchgani Hill Station Municipal Council for permission to add an extra floor to their hotel. The council referred the matter to the Director of Town Planning, who, under the Maharashtra Regional and Town Planning Act, 1966 and Bye‑law 28…

Kehar Singh's widow Kirpo inherited land in Pakistan and, after partition, was allotted suit land in India. Upon Kirpo's death, her daughters Santi and Indro possessed the land, which later fell under the Hindu Succession Act, 1956. After Santi's death, Indro obtained mutation of the entire land and sold it to the appe…

The Raipur Development Authority (RDA) published its intention to prepare a town development scheme under Section 50(2) of the Madhya Pradesh Town and Country Development Act, 1973, on two separate dates. A housing society applied for development permission under Section 29 and later for a no‑objection certificate, but…

The Krishi Utpadan Mandi Samiti acquired land under the Land Acquisition Act, 1894 and an award dated 27‑12‑1977 fixed market value at Rs 3 per square yard with 15% solatium and 6% interest. The landowners filed a reference under Section 18, and the High Court on appeal enhanced the compensation to Rs 11 per square yar…

The appellant, a tenant, was evicted for using a shop for grocery business contrary to a rent deed that limited use to dealing in radios, cycles, fans, clocks and steel furniture. The landlord filed an eviction petition under Section 10(2)(ii)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging …

Chordia Automobiles, a long‑time tenant, disputed an enhanced rent of Rs 1,000 per month that was conditioned on the landlord providing additional facilities, which the landlord failed to do. The landlord issued a notice on 9 August 1989 demanding the enhanced rent and, before the two‑month period prescribed in Explana…

Mis Nirulas Corner House Pvt. Ltd. imported a continuous ice‑cream freezer together with machines described as Can Filler, Fruit Feeder and Ripple Machine. The importer claimed the latter were merely accessories to the freezer and should be classified under heading 84.15(1) of the Customs Tariff Act, attracting no coun…

The plaintiff, Mohinder Kaur, sued the defendant, Kusamanand, for eviction and mesne profits of a ground‑floor residential premises, alleging the defendant was a trespasser. The defendant claimed she had been let in as a tenant by D.K. Chadha, who held a power of attorney for the plaintiff, and produced a receipt of ad…

The plaintiffs, neighbours in a residential area of Ludhiana, sued the defendant who had constructed a bhatti (baking oven) and sought a preventive injunction to stop its operation and to restrain the Municipal Corporation from granting a licence under the Punjab Municipal Corporation Act. The trial court granted the i…

The appellant's wife, Smt. Kaushalya Devi, inherited a two-fifths share in two khatas from her father in 1944 and became a co‑bhumidar under the U.P. Zamindari Abolition and Land Reforms Act, 1950. She died in 1953, before the Hindu Succession Act, 1956 came into force. The appellant claimed the share as his entitlemen…

Dr. J. Shashidhara Prasad was appointed Vice Chancellor of Mysore University on 20 August 1997, effective 4 September 1997, by the Governor (Chancellor) under Section 11 of the Karnataka State Universities Act, 1976. The next day the Chancellor learned of a pending criminal case against the appointee and rescinded the …

Mis. Forage & Co., an importer of zinc oxide, contended that octroi could not be levied on the product because Schedule H, Class IV of the Bombay Municipal Corporation Act, 1888, pertains only to articles used in construction, and zinc oxide is used solely in rubber manufacturing. The Bombay High Court's Single Judge a…

The landlord filed an eviction petition against the tenant under the Delhi Rent Control Act, 1958 on the ground of illegal sub‑letting. While the petition was pending, Section 3(c) of the Act was amended (effective 1‑Dec‑1988) to exclude premises with rent above Rs 3,500 from the Act’s jurisdiction. The tenant argued t…

The plaintiff filed a suit for declaration as legal heir and partition of property and simultaneously applied for a Succession Certificate under the Indian Succession Act, 1925 to claim insurance proceeds. The trial court declared the plaintiff the sole heir and granted the certificate; the appellate court set aside bo…

The landlady, owner of Gomathi Lodge, filed eviction proceedings against several tenants seeking demolition and reconstruction of the premises under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, and later amended the petition to claim additional accommodation under Section 10(3)(c). T…

The Commissioner of Police, Mumbai, detained Jagdambaprasad Pathak under the Maharashtra Prevention of Dangerous Activities Act, 1981, alleging that he was a "dangerous person" who repeatedly engaged in criminal activities that threatened public order. The detention order, confirmed by the State Government, was based o…

The deceased Mahendra Shirke had insured his goods truck for Rs 10 lakhs under a comprehensive motor policy that included "unlimited personal injury and property" coverage, for which an additional premium of Rs 134 was paid. After his death in a road accident, his parents sued Oriental Fire and General Insurance Co. fo…

The son of the deceased Karta filed a suit for partition of twelve properties, alleging that the Karta had illegally gifted two ancestral items to his second wife and four coparcenary items to his unmarried daughter. The trial court and the first appellate court held the gifts void for lack of consent and because a cop…

The dispute concerned possession of a suit‑property that had been sold to the appellant, Probodh Chandra Ghosh, while the respondent, Urmila Dassi, claimed title as the heir of the original owner. The appellant filed an application under Section 144 of the CPC on 17 April 1986 for restoration of possession, which was a…

The Supreme Court examined an appeal by S.M. Datta, the occupier of a factory, who sought to quash a criminal complaint filed by a Factories Inspector under Sections 61, 62 and 63 of the Factories Act, 1948. The complaint alleged that an adult worker was made to work beyond prescribed hours without his name being displ…

Fourteen schoolchildren drowned during a picnic on the banks of the Beas River after teachers deputed to escort them allowed the children to stray into deep water. The teachers were convicted under Section 304A IPC and the High Court ordered the school to pay Rs.5 lakh compensation to each bereaved parent. On appeal, t…

The appellant, S. Thangappan, was a tenant of premises used for an automobile workshop. The respondent, P. Padmavathy, filed an eviction petition under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging non‑payment of rent from October 1982 to May 1983, the need for demolition and reconstruction, and…

The appellants, SAMPURNAN SINGH and others, purchased land in 1959 that had been orally mortgaged in March 1893 for Rs. 53. The mortgagee rights were sold to the respondents on 11 January 1960. The appellants filed a suit in 1980 seeking possession by redemption, but the respondents contended the suit was barred by lim…

Krishna was appointed a trustee of the Nagpur Improvement Trust for a five‑year term under Section 4(1)(e) of the Nagpur Improvement Trust Act, 1936. The State Government removed him before the term expired by invoking Section 6 of the Act. Krishna challenged the removal, arguing that the removal should follow the proc…

The Agricultural Produce Market Committee, created under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, terminated several temporary employees, prompting the Labour Court to order their reinstatement. The Committee challenged the Labour Court’s jurisdiction, arguing that it was not an "industry" u…

The dispute concerned the succession to agricultural land left by Harbilas, who died in 1948, governed by the Quanoon Mal Riyasat Gwalior, Samvat 1983 (Special Legislation). The appellants were male descendants of Harbilas's great‑grandfather, while the respondents were the sons of Harbilas's sister. Lower courts had h…

Ferro Alloys Corp. Ltd (FACOR) sought a mining lease for chromite in Sukinda Valley after the Central Government, following a high‑power expert committee (Sharma Committee), reduced the area previously granted to Tata Iron & Steel Co. (TISCO). The Committee assessed the needs of all claimants, including FACOR, and the …

The landlord filed an eviction petition under Sections 14(1)(b), (d) and (e) of the Delhi Rent Control Act, 1958 against a tenant and his sub‑tenant, who had been in possession since before 9 June 1952 without the landlord's written consent and without serving the notice required by Section 17(2). The Rent Controller, …

The appellants filed a suit for partition and rendition of accounts which was decreed by the lower appellate court. The Punjab and Haryana High Court entertained a second appeal under Section 41 of the Punjab Courts Act, 1918, set aside the decree, and did so without framing a substantial question of law as required by…

The owners of the vessel M.V. Baltic Confidence and the charterer (respondent No.2) issued five bills of lading that incorporated the terms of their time‑charter party, including an arbitration clause. The holder of the bills of lading (respondent No.1) sued them in admiralty court for negligence and breach of carriage…

The Supreme Court considered a dispute between National Insurance Company Ltd. and the owners of a vehicle (Chinto Devi et al.) where an accident occurred at 11:30 a.m. on 23 February 1987, the same day the insurance policy was purportedly issued. The insurer claimed the policy was issued at 4:45 p.m. (as per the cover…

The appellants, graduate laboratory assistants employed in non‑government colleges, performed teaching functions but were re‑designated as non‑teaching staff and paid the Group B pay scale of Rs 1390‑2970. They sought a writ directing that they be treated as teachers and receive the pay scale of physical instructors (R…

The plaintiffs, co‑sharers of a house in Jaipur, claimed a right of pre‑emption (shuf'a) under Muhammadan law when the co‑owners sold their share to Smt. Mattoo Devi. They alleged that they made the required "talab" (demand) upon learning of the sale but the trial court found no such demand and dismissed the suit. The …

The Delhi Bar Council suspended advocate Pritam Singh for three years in 1984. He continued to practice during the suspension, using the alias "P.S. Madan", and had concealed a prior conviction under the Narcotic Drugs Act at the time of his enrolment. The complainant, Sardul Singh, filed a complaint leading the Delhi …

The Gujarat Agricultural University, a state‑aided institution, employed daily‑wage workers such as plumbers, carpenters and sweepers. The workers claimed regularisation and benefits of permanent Class IV employees after completing ten years of service, invoking Section 10(1)(c) of the Industrial Disputes Act. The Indu…

The Uttar Pradesh State Electricity Board purchased the undertaking of Banaras Electric Light and Power Co. Ltd. under the Indian Electricity (U.P.) Amendment Act, 1975, causing the undertaking to vest in the Board on 5‑6 February 1975. Uncollected electricity dues owed to the company for consumption before that date w…

The Supreme Court examined a large batch of appeals concerning compensation claims arising from deaths or injuries of persons travelling in goods vehicles. The claimants argued that the insurer was liable under Section 95 of the Motor Vehicles Act, 1939 and Section 147 of the Motor Vehicles Act, 1988 (as amended in 199…

The Supreme Court examined the liability of an insurer under the Motor Vehicles Act, 1939 and the Motor Vehicles Act, 1988 for compensation to gratuitous passengers and owners or representatives of goods vehicles. It held that under the 1939 Act, Section 95(1)(b) excludes the insurer from such liability, but the corres…

The State Bank of India (SBI) was challenged by its Canteen Employees' Union, which claimed that canteen staff employed by Local Implementation Committees (LIC) under SBI's welfare scheme were de facto SBI employees and should be absorbed. The Industrial Tribunal held there was no employer‑employee relationship because…

The case concerned the status of trustees of the Sri Kothandaramaswami temple after successive statutory reforms. The founder in 1915 appointed his brother‑in‑law as successor, who later created a board of five trustees by will in 1941. After the 1951 Tamil Nadu Hindu Religious and Charitable Endowments Act repealed th…

The petition challenged the Andhra Pradesh High Court's order that an application for exemption under Section 20(1)(a) or 20(1)(b) of the Urban Land (Ceiling and Regulation) Act, 1976 could be filed even after excess land had been declared and vested in the State under Section 10. The State argued that once the excess …

The A.I. Democratic Women Association and others filed a writ petition under Article 32 seeking a ban on the drug quinacrine, used for female sterilisation, by directing the Union of India and the Directorate General of Health Services to invoke Sections 10‑A and 26‑A of the Drugs and Cosmetics Act, 1945, and to issue …

The Supreme Court examined whether a company that issued a cheque, which was later dishonoured, could avoid criminal liability under Section 138 of the Negotiable Instruments Act by invoking the provision of the Companies Act that makes any disposition of its property void after a winding‑up petition is presented. The …

The Union of India claimed ownership of land that had been sold at public auction to Mis. Mundra Salt & Chemical Industries and later acquired by the State of Maharashtra for a highway. The Union relied on Section 37 of the Bombay Land Revenue Code, 1879, which presumes Crown ownership where title is not established. T…

Mis Eicher Tractors Ltd imported a five‑year‑old stock of bearings from a Japanese vendor at a 77% discount and declared the price actually paid in its Bill of Entry. The Assistant Commissioner of Customs rejected the declared value, deeming the discount abnormal, and instead fixed the value using the vendor's price li…

In a partition suit, a final decree was passed on 20‑Nov‑1970 but the decree holder failed to furnish the required stamp paper, delaying the drawing up of the decree. The decree holder's legal representatives filed an execution petition on 21‑May‑1984, more than twelve years after the decree. The respondents argued tha…

Belapur Sugar & Allied Industries Ltd produced excess sugar between 1 May and 11 June 1982 and paid excise duty under Notification No.132, which excluded factories with nil production in the preceding three years. Notification No.193 of 11 June 1982 substituted paragraph 4 of the earlier notification, extending the reb…

Lal Woolen and Silk Mills (P) Ltd. paid excise duty on grey worsted woollen yarn and later on dyed yarn and sought a set‑off of the differential amount. The claim was based on Rule 56A of the Central Excise Rules, which allows a proforma credit if an application is made under sub‑rule (2). The assessee did not make suc…

V.K. Shrotri was appointed ad hoc as Assistant Engineer in the Uttar Pradesh Irrigation Department in 1962 and was selected in a combined examination for the Public Works Department (PWD) the same year. Although allocated to the PWD, he was not relieved from the Irrigation Department and continued there until he finall…

The trustees of a public trust filed an execution application to enforce a scheme framed by the Charity Commissioner, seeking possession of Survey No. 14. The respondents claimed that the first respondent was a tenant of the land and therefore entitled to retain possession until an eviction order. The executing court r…

The appellants, directors of a motor‑sports club, challenged a series of board resolutions passed in a meeting on 8 November 1995 that removed the appellant as chairman, appointed a respondent as chairman and added twelve directors, alleging the meeting was held without notice. The High Court had earlier ordered a fres…

The assessee, Mis Anand Theatres, claimed a 15% depreciation on its theatre building by treating it as "plant" under the Income Tax Act, 1961. The Assessing Officer allowed only the standard 5% rate for buildings, leading to an appeal that was initially allowed by the Commissioner of Income Tax (Appeals) and the Income…

The Supreme Court examined whether a Metropolitan Magistrate could, at a very advanced stage of trial, implead two bank officials as additional accused under Section 319 of the Criminal Procedure Code. The trial had already examined 49 witnesses, and only the statements of three subsequent witnesses suggested possible …

The State Government sought to acquire 15 acres of land for a housing scheme for the State Gov't Employees Houseless Harijan Association, a society registered under the Karnataka Societies Registration Act. After a series of notifications under the Land Acquisition Act, the government withdrew the acquisition by issuin…

Ethiopian Airlines terminated its agreement with STIC Travels and the dispute was referred to arbitration under a clause that the tribunal would consist of three arbitrators, each party appointing one and the two appointed arbitrators selecting a third who would act as Chairman. After the death of the appellant's origi…

Indu Engineering & Textiles Ltd. supplied hard coke to the Delhi Development Authority (DDA) under a contract containing a price‑escalation clause. The clause was later modified to apply only when there was a statutory increase in price. DDA refused to pay the escalated price for hard coke, leading to arbitration. The …

The appellants challenged a circular dated 29 November 1991 issued by the Collector, which stipulated that land rates in Surajpur village would automatically increase by 20% after one year. They argued that the Collector, under Rule 340‑A of the U.P. Stamp Rules, could only fix a single circle rate for a biennial perio…

The appellant Muninanjappa claimed that a Will dated 1 June 1942 gave him and Guruswamy only a limited, non‑alienable life interest in a house, with absolute ownership only if a son was born. Guruswamy died without male issue and his widow Sevamma sold the property to respondents R. Manual and others. The trial court a…

The case concerned a parcel of land that had been sold at a public auction in 1959 to respondent No.2 under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. After 23 years the respondent sought a corrigendum to include additional land that was in possession of the appellant, Piara Singh, who had been …

The appellant filed a suit for partition of property claiming a two‑fifths share based on a custom that sons and daughters inherit equally among Roman Catholic Christians of the Latin rite. The appellant also contested the validity of a gift deed (Exhibit B‑1) and a settlement deed (Exhibit B‑2), alleging they were for…

The appeal concerned whether an arbitrator appointed under the Arbitration and Conciliation Act, 1996 could be deemed a "Court" for the purposes of Section 195(3) of the Code of Criminal Procedure, 1974, and consequently whether Section 340 Cr.P.C. could be invoked against an arbitrator. The appellant argued that the a…

The Quarry Owners Association, holders of quarry leases for minor minerals in Bihar, challenged two State notifications (1991 and 1994) that raised royalty rates, arguing that the State exceeded its delegated authority under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 and violated the 12…

The plaintiffs filed a suit for injunction to stop the defendants from operating a flour mill and to claim exclusive user rights over a pathway. The trial court granted an injunction and exclusive user rights; the first appellate court modified the decree, holding the pathway was common. Before the second appeal was ad…

The landlord (Hari Singh) sued his tenant (Kanhaiya Lal) for eviction on grounds of rent default, sub‑letting and nuisance, and also sought fixation of standard rent under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The trial court decreed eviction finding default, sub‑letting and nuisance; the app…

The appellants, twelve villagers, sought review of a 1966 settlement order passed by the Orissa Estates Abolition Collector in favour of a deity (respondent No.1) alleging that the public notice was not served as required. The Collector invoked Section 151 of the CPC to review the order, but the High Court held that th…

The deceased was killed when a dead neem tree branch, standing on municipal property, fell on his scooter. The claimants sued the Municipal Corporation of Delhi (MCD) for negligence, seeking compensation. The High Court held MCD liable and awarded Rs. 90,000, which was later enhanced to Rs. 1,44,000 with interest by th…

The landlord filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, alleging non‑payment of rent, unauthorised sub‑letting and that the shop was dilapidated and unfit for human habitation. The trial court ordered eviction, but the appellate court set aside the order, finding th…

The appellants imported polyvinyl alcohol and argued that, under Section 3 of the Customs Tariff Act, 1975, they should pay the same duty rate as an Indian manufacturer, i.e., the concessional 10% ad valorem rate provided by Excise Notification No. 185 of 1983, provided the raw material (vinyl acetate monomer) had appr…

The case concerned two parcels of land, Mela and Kizha Thattimal Padugai, which were originally granted as inams in 1862 and later merged into the village of Arayapuram Thattimal Padugai. The respondents sought a declaration that the lands formed a new inam estate covered by the Tamil Nadu Inam Estates (Abolition and C…

The appellant, a farmers' society, challenged the Andhra Pradesh State Electricity Board’s (APSEB) revision of agricultural electricity tariffs from a flat rate of Rs. 50 per horsepower per annum to a slab system based on horsepower consumption. The Board argued that the flat rate would have caused a massive deficit, v…

The appellants filed a partition suit claiming title to a half of a property based on a will executed by Masane Gowder in favour of two sisters. The respondents contested the will, arguing that the property was joint family property and that the will was not properly attested. The trial court held the will unproved; th…

The appellant, Mis. Tandon Brothers, owned the Rohini Tea Estate and was served a notice under Section 6(3) of the West Bengal Estate Acquisition Act, 1953, declaring 1,451.40 acres surplus. After a long delay, the State issued a second notice superseding the first and sought possession of a larger area, prompting the …

The A.P. Bankers and Pawn Brokers Association, engaged in money lending and pawn broking, challenged a municipal notification that required them to pay a licence fee under Section 521(e)(ii) of the Hyderabad Municipal Corporation Act, 1955. The High Court had dismissed the petition, holding that the trade was dangerous…

The petitioner, A. Sowkath Ali, was detained under Sections 3(i) and 3(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) based on confessional statements of two co‑accused. The sponsoring authority placed those confessions before the detaining authority but omitted …

C.G. Velkar, a private forest land holder, challenged the vesting of his 20‑hectare land in Versave village in the State of Maharashtra under the Maharashtra Private Forests (Acquisition) Act, 1975. The dispute centered on whether the word "issue" in Section 2(f)(iii) of the Act required actual service of a notice unde…