ARIJIT PASAYAT

The Supreme Court heard two civil appeals concerning the claim of exemption from excise duty for cotton fabrics processed without the aid of power under various notifications. In both cases the appellants used electric power for ancillary operations such as mixing chemicals, lifting water and pouring it into bleaching …

Gulzar was convicted of stealing an attache containing about Rs 55,000 from Vinod Kumar Aggarwal on a bus; the attache was later recovered from Gulzar’s possession but he could not explain the source of the money. The trial court sentenced him to three years’ rigorous imprisonment under Section 379 of the Indian Penal …

The appellant, appointed on a contractual basis as an Extra Departmental Delivery Agent/Extra Departmental Mail Carrier in the Post Office, faced a criminal charge of kidnapping, for which he was initially denied bail but later released and allowed to join service. An unsuccessful candidate petitioned the Central Admin…

The accused Prabhu, Jagdish and Nanhe Lal attacked Shankar; Nanhe wielded a sharp katana while Prabhu and Jagdish used lathis. Shankar sustained fourteen injuries, including incised wounds, and died from extensive hemorrhage. The trial court convicted all under s.302 r.w. s.34 IPC, but the Madhya Pradesh High Court alt…

The Supreme Court examined appeals against a Patna High Court order that had confirmed a death sentence awarded to Krishna Singh for murder under Sections 302 and 149 of the IPC. The appellants contended that the High Court’s findings were based on conjecture, particularly questioning the credibility of two eye‑witness…

The appellant, a three‑star hotel, collected a compulsory 10% service charge on customer bills and distributed the amount quarterly among its employees. The issue before the Supreme Court was whether such service charges constitute "wages" under section 2(22) of the Employees' State Insurance Act, 1948. The ESI Court a…

The respondent, a workman employed by L&T Komatsu Ltd., was dismissed after being found guilty of unauthorized absence for 105 days, with a history of 15 prior instances of absenteeism. The Labour Court set aside the dismissal, ordering reinstatement with continuity of service and a penalty of four stopped increments, …

The State of Jharkhand appealed against a Jharkhand High Court order that released a truck seized for carrying coal in a protected forest area on payment of a fine, despite the truck being ordered confiscated under Section 52(3) of the Indian Forest Act. The Supreme Court examined whether Section 52(3) authorises a fin…

The Union of India and others filed a writ petition challenging the seizure of goods belonging to M/s Kundan Rice Mills Ltd., and the High Court, while hearing the interim application, passed a categorical finding that the goods were not liable to confiscation. The High Court also imposed conditions of furnishing an in…

The appellants, employees of Citibank/CWA, were implicated in an FIR alleging fraud under Sections 406, 420 and 120B IPC. They sought quashing of the FIR and anticipatory bail under Section 438 of the Cr.P.C., arguing that the allegations were civil in nature and that they would cooperate with the investigation. The Hi…

M.M.T.C. Limited appealed to the Supreme Court against a judgment of a Single Judge of the Madhya Pradesh High Court who had exercised supervisory jurisdiction under Article 227 of the Constitution. The issue was whether a Letters Patent Appeal (LPA) could be filed against such an order, especially after the Supreme Co…

The appellant, accused of an offence under Section 138 of the Negotiable Instruments Act, filed a petition under Section 482 of the CrPC seeking to quash proceedings in the Mangalore court, arguing that the court lacked jurisdiction because the constituent acts of the offence occurred in different places (Bangalore and…

On 3 June 1990, a group of accused, including Saravanan (A3) and Natarajan (A4), assaulted a cyclist group, during which the deceased Nadamuni fell and sustained a head injury that was medically held sufficient to cause death. The prosecution argued there was no motive to kill, so the death did not fall under Section 3…

The respondent, a government servant, was convicted under IPC sections 302 and 34 and dismissed from service. He was later acquitted on appeal, after which the High Court ordered his reinstatement with full back wages. The Union appealed, arguing that the department should not be liable for wages for the period of dism…

Sanghi Brothers (Indore) Pvt Ltd filed a complaint alleging that the directors of Chetak Construction Ltd had taken vehicles on lease and later sold eight of them, constituting cheating and criminal breach of trust under IPC sections 420 and 406 read with section 34. The trial magistrate framed charges, but the Madhya …

The respondent, a Development Officer of the Andhra Pradesh Khadi and Village Industries Board, was caught demanding and receiving a Rs.500 bribe from a loan applicant (PW‑1) to revive a lapsed loan. The trial court convicted him under Sections 13(2) and 13(1)(d)(i) of the Prevention of Corruption Act, 1988, sentencing…

The State of Uttar Pradesh charged Ram Balak and another with the rape and murder of a 14‑year‑old girl, invoking IPC sections 376, 302 and 201. The trial court convicted them on the basis of five circumstantial points, including a dog‑tracking lead and an alleged extra‑judicial confession, and sentenced them to death,…

The appellant Rajesh Kumar and his brother Surjit Singh attacked the deceased Ravinder Kumar; Surjit inflicted a fatal head wound with a drat while Rajesh struck non‑vital parts with a danda. After the assault, a witness seized the danda from Rajesh and threw it away, and Rajesh fled without picking it up. The trial co…

The Uttar Pradesh State Textile Corporation Ltd terminated P.C. Chaturvedi, a senior employee, after disciplinary proceedings for alleged misconduct. The employee challenged the termination on the grounds that the enquiry officer had not supplied certain documents and that he was denied subsistence allowance during sus…

The appellant, Sekar, and others untied a sheep that the deceased, Palaniswamy, had impounded, leading to a heated exchange. Sekar struck the deceased, who fell, and then delivered a further blow to the neck that caused his death. Sekar pleaded that the blows were in exercise of his right of private defence. The trial …

The appellant was found with 5,940 grams of heroin concealed in a suitcase at Chennai International Airport while attempting to transport it to Singapore. The trial court acquitted him on the ground that mandatory provisions of Sections 42 and 50 of the NDPS Act were not complied with, but the High Court reversed the d…

The respondent, Dr. O.P. Singh, was retrenched from the U.P. State Horticultural Produce Marketing and Processing Corporation (HORTICO) when it closed in 1990 and was later appointed as Deputy Jailor with a protected last drawn pay. He claimed that the revised pay scale of Rs. 2200-4000 (effective from 1‑1‑1986) should…

Shaik Mastan Vali was convicted under Section 302 of the Indian Penal Code for the murder of Nagandla Pichamma, with whom he had an illicit relationship. The prosecution relied on circumstantial evidence: the appellant was seen beating the deceased and dragging her to a hut, a towel belonging to him was found tied arou…

The appellant, an informant, reported that his brother was murdered and the accused were charged with the crime. The accused applied for bail, which was rejected by the Additional Chief Judicial Magistrate and the Additional Sessions Judge, but the Rajasthan High Court later granted bail without recording any reasons. …

The employee, R.K. Shewaramani, was serving as a medical representative of Indian Drugs and Pharmaceuticals Ltd. and faced two charge‑sheets with departmental enquiries pending. After the amendment of Rule 30(A) of the company's Conduct Discipline and Appeal Rules on 30 March 1990, the employer issued a show‑cause noti…

Bahadur Rama filed a suit for specific performance which was decreed by the trial court and later reversed by the High Court on a second appeal. The appellant challenged the High Court's disposal of the second appeal, arguing that the Court had not formulated any substantial question of law as mandated by Section 100 o…

Phulan Rani filed a writ petition seeking pension after her husband's death. The High Court transferred the petition to a Lok Adalat, which disposed of it in her favour without any compromise or settlement. The State of Punjab challenged this disposal, arguing that Section 20(3) of the Legal Services Authorities Act, 1…

The Supreme Court examined a detention order issued under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982, which labeled the detenu as a "goonda" on the basis that he habitually committed crimes. The petition challenging the detention alleged that the grounds relied on a single incident and …

The Supreme Court examined an appeal by the Chief Engineer, Ranjit Sagar Dam (appellants) against a Labour Court order that reinstated workman Sham Lal and awarded back wages. The central questions were whether the burden of proof to show that a workman had worked at least 240 days in the year preceding termination res…

The employer, Surendranagar District Panchayat, terminated several daily‑wage workers and claimed that none had worked continuously for 240 days in the preceding year, a condition required under Section 25‑F of the Industrial Disputes Act, 1947 for retrenchment. The workers contended they had met the 240‑day requiremen…

The appellants filed writ petitions seeking a declaration that they were deemed to have been granted licences for operating video‑game businesses under Clause 4(8) of the Licensing and Controlling of Place of Public Amusement (Bangalore City) Order, 1989. Respondent No. I filed a separate public‑interest petition that …

Navdeep, a government teacher, was terminated after an enquiry found she had tampered with her B.Sc. mark sheet to meet eligibility percentages for a teaching post. The enquiry officer concluded that marks in Economics were reduced and marks in Computer Application increased, indicating intentional falsification, thoug…

Constable Surjit Singh of the Border Security Force was reported missing during the 1971 Indo‑Pak war and was declared dead, with a family pension granted to his wife, Angrej Kaur. In 2004 the petitioner learned, through newspaper reports and identification by former Pakistani detainees, that her husband might be alive…

The appellant Daya Nand was convicted by the trial court and the High Court for murder under Section 302 IPC and Section 27 of the Arms Act for firing a shotgun that killed Chhajju Ram during an irrigation dispute. The Supreme Court examined whether the facts satisfied the statutory definition of murder under Section 3…

The testator executed a will on 9 September 1991 and died on 5 October 1995. A probate petition filed by a respondent was withdrawn on 9 August 1999, after which respondents 1‑3 filed a petition for letters of administration on 7 August 2002. The appellant argued that the petition was barred by the three‑year limitatio…

The Supreme Court examined the legality of the General Insurance (Rationalisation of Pay Scales and Other Conditions of Service of Development Staff) Amendment Scheme, 2003, which altered cost‑ratio calculations, incentive structures, transfer policies and career prospects for Development Officers. The petitioners argu…

Star India Pvt. Ltd., a broadcaster, entered into an exclusive distribution agreement with Moon Network Pvt. Ltd., a multi‑system operator (MSO), for the Agra territory. Sea TV Network Ltd., another MSO, sought direct signals from Star India but was directed to obtain them from Moon Network, its competitor. Sea TV file…

Ms. Amrit Brar was appointed as an Assistant Commandant in the CRPF on compassionate grounds in 1989 and later deputed to the Punjab Police as a Superintendent in 1993, retaining her lien in the CRPF until her absorption as Deputy Superintendent of Police in Punjab Police in 1998. The appellants, officers of the Punjab…

The Supreme Court examined the validity of a 2005 circular and notification that amended the Foreign Trade Policy 2004‑2009 to prohibit 100% Export Oriented Units (EOUs) from making Domestic Tariff Area (DTA) sales of finished marble produced from imported rough marble. The petitioners, several marble‑manufacturing EOU…

The State of Maharashtra issued tender notices for the sale of forest bamboo units, requiring a 10% earnest money deposit. A.P. Paper Mills submitted its tender on the deadline of 15 July 1987 and deposited the earnest money. The tender notice stipulated that an offer remains valid for 45 days and cannot be withdrawn d…

The appellants, employed as supervisors in Railway Handicraft Centres, claimed they were railway employees and sought regularisation, pay‑scales and other benefits. The Central Administrative Tribunal held that they were not railway servants because their appointments were on a fixed remuneration and commission, not un…

The appellants (accused Nos. 4 and 5) were convicted for the murder of a family member, along with several other offences, on the basis that they acted with a common intention under Section 34 of the Indian Penal Code (IPC). The trial court and the Bombay High Court upheld the conviction, finding that the accused had j…

The respondent, owner of a Maruti car, filed a claim with National Insurance Co. for damages after a motor accident. The insurer rejected the claim, alleging that the driver did not possess a valid driving licence at the time of the accident. The District Forum, State Commission, and National Consumer Disputes Redressa…

On 3 October 1998, Ohara Singh and Prem Das attacked a bullock cart, resulting in the death of Sohan Lal. The FIR, lodged by Ramhet (PW‑2), named Bhagwan Singh (PW‑3) as an eye‑witness under the alias 'Kaptan'. The trial court convicted Ohara Singh under IPC s.302 and the Arms Act s.25,27 and Prem Das under IPC s.302 r…

The State of NCT of Delhi appealed against the conviction of Ashif Khan for possession of heroin under Sections 21(a) and (b) of the NDPS Act. A total of 310 g of material was seized, which forensic analysis showed contained 0.95% heroin, amounting to 2.945 g of the drug. The issue was whether the quantity for sentenci…

The deceased Sayarabi was found dead with severe burn injuries and a strong kerosene odor in her matrimonial home. The prosecution alleged that her husband, Riyazoddin (the appellant), had poured kerosene on her and set her alight, while other family members were accused of abetting. The trial court convicted the appel…

The State of Rajasthan appealed the acquittal of Bhanwar Lal and Mohan Lal, who had been convicted under Sections 8, 18 (and 20) of the NDPS Act. The High Court set aside the convictions on the ground that the police had not complied with Section 50, which requires the accused to be searched in the presence of a senior…

The State of Rajasthan appealed the acquittals of Manoj Sharma and Mohammed Rafiq, who were charged under the Narcotic Drugs and Psychotropic Substances Act, 1985. The seized material (8 g of opium) was recovered from inside Sharma's house, not from his person, and the trial court had convicted both accused. The Rajast…

Renu Kumari, the wife of Respondent No.3, filed a complaint under Section 498A IPC and Sections 3 & 4 of the Dowry Prohibition Act alleging dowry harassment. The police registered an FIR and a charge‑sheet was filed. The respondents sought discharge under Section 239 CrPC, which was rejected, and their revision was dis…

The Supreme Court examined a second appeal filed under Section 100 of the Code of Civil Procedure, 1908, by Kashmir Singh against Harnam Singh & Anr. The High Court had allowed the appeal without formulating any substantial question of law, contrary to the statutory requirement. The Court clarified the meaning of a "su…

The appellant, Reshma Bano, sister of an accused in a kidnapping case, filed a writ petition under Section 482 of the CrPC and Article 226 of the Constitution seeking to quash criminal proceedings initiated against her on the basis of FIR No. 316 of 2007. The FIR merely noted that questioning the sister might be advant…

The respondent, a former peon of K.L.E. Society, filed a private complaint alleging offences under IPC ss.403, 405 and 415 r/w s.34, claiming that salary deductions were made without justification. The Judicial Magistrate took cognizance and issued process, prompting the society to move the Karnataka High Court under s…

The appellant, married to the first respondent, alleged dowry harassment and a FIR was lodged under sections 498A, 323, 504, 506 IPC and sections 3 and 4 of the Dowry Prohibition Act. The respondents filed a writ petition under Article 226 seeking quash of the FIR and a stay of arrest. The Allahabad High Court refused …

In Najib & Ors. v. State of Kerala, the Supreme Court examined whether land held by a Madrassa, declared as a Wakf, could be exempted from land‑ceiling provisions under Section 81(1)(t)(iii) of the Kerala Land Reforms Act, 1963. The Taluk Land Board had exempted 2.67,250 acres based on a report that the income was used…

The Uttar Pradesh Public Service Commission advertised 544 Junior Engineer posts for the Hill Cadre of the undivided state and published a select list in 2000. After the creation of the new State of Uttaranchal, the Uttar Pradesh Government forwarded the list to Uttaranchal, which refused to appoint the candidates, cit…

The Supreme Court examined the appeal of Subramani and another against their conviction for murder under Section 302 IPC. The appellants claimed they acted in private defence while protecting themselves and their property during a violent altercation that resulted in the death of Vadivel. The Court reiterated that the …

The appellant, the complainant, challenged a bail order granted by the Allahabad High Court to accused Kamal Singh, who was charged with murder and related offences. The High Court had allowed bail on the basis of a ballistic report stating that the pellets recovered from the victim could not have been fired from the a…

The deceased Mahesh Chandra Verma, aged 45, died in a bus accident caused by the negligent driver of a bus owned by U.P. State Road Transport Corporation. A claim for compensation under Section 110 of the Motor Vehicles Act, 1939 was filed before the Motor Accidents Claim Tribunal, which assessed the deceased’s monthly…

The State of Madhya Pradesh prosecuted Ramesh (alias Chhinge) and three others for the murder of Ramavtar and attempted murder of two others. The trial court convicted them under IPC s.302 and s.302 r.w. s.34, and also under the Arms Act. The Madhya Pradesh High Court acquitted the accused, relying on alleged discrepan…

The petitioner, Dalbir Singh, filed a writ petition alleging that his 17‑year‑old son, Somvir Singh (Sonu), died as a result of custodial torture by Noida police and that the police attempted to portray the death as a suicide. The State of Uttar Pradesh responded that an FIR had been lodged, police officials were charg…

The case arose from a consolidation proceeding under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, where orders passed in 1981‑82 were challenged by two respondents who were minors at the time. They filed a revision application in 1993 before the Deputy Director Consolidation, which was allowed, and…

Nine persons were convicted of murder under IPC s.302 read with s.149, 147 and 148 based largely on the testimony of PW‑6, the brother of the deceased. Three of the convicted appealed, arguing that PW‑6, being a close relative, was a partisan witness and that the dying declaration did not name them. The Supreme Court h…

The State of Punjab appealed the acquittal of Ginder Singh and his second wife Manjit Kaur, who had been convicted by a trial court for murder (Sec. 302 IPC) and conspiracy to murder (Sec. 201 IPC) of Bant Singh. The prosecution relied on two eye‑witnesses – the deceased’s brother and a friend – and alleged that the ac…

Swapan Kumar Mitra, a bus driver of South Bengal State Transport Corporation, was removed from service after a departmental inquiry that relied on the District Magistrate's report and the inquiry officer's findings, despite being acquitted in a criminal trial for the same accident. He challenged the removal via a writ …

The respondent sought a writ under Article 226 directing the Municipal Corporation of Jaipur to regularise his plot of land based on a 1989 resolution of the Jaipur Development Authority (JDA). The corporation contended it was not bound by the predecessor authority's decision, and raised pleas of delay, laches and the …

The writ petition filed by Respondent No. 1 under Article 226 challenged the Cochin Devaswom Board’s permission to an appellant society to use the Oottupura of the Sri Poornathrayisha Temple, alleging excessive charges and secret receipt‑sharing. The Kerala High Court entertained the petition and issued directions that…

Eight acres of land were granted in 1957 to two brothers under the Karnataka Land Revenue Code with a condition that it could not be alienated for ten years. The land was sold in 1965‑66 and again in 1981, before the ten‑year restriction expired. After the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of…

The accused were tried for offences under several IPC sections, including arson and assault, and were acquitted by the trial court. The State of Himachal Pradesh sought leave to appeal the acquittal under Section 378 of the CrPC, but the High Court dismissed the application with a one‑word order, "Dismissed," without p…

The Supreme Court heard an appeal by Sumangalam Co‑operative Housing Society Ltd against a suo moto writ filed by the Gujarat High Court that alleged irregularities, undervaluation and fraud in the allotment of land by the Ahmedabad Urban Development Authority (AUDA). The High Court had held that the society obtained l…

The appellant, a police officer supervising a dacoity case, ordered a warrantless search of the residence of Respondent No.2, the father of a suspect, which led to a complaint alleging harassment. The Judicial Magistrate took cognizance of offences under IPC sections 342, 389, 469, 471 and 1208, and the appellant sough…

Abdul Rais and others applied to the Madhya Pradesh State Wakf Tribunal for a declaration that land listed as wakf in the Official Gazette was actually their private property. The Wakf Board opposed, arguing the appellants had no title and that the application was barred by the one‑year limitation under Section 6 of th…

The widow of a deceased government employee and her son applied for a compassionate appointment under the Department of Posts scheme. The authorities rejected the application after an enquiry found the family living together, despite a certificate from a Member of Parliament stating the employee lived separately. The O…

The appellants, husband and parents‑in‑law of a married woman who died by self‑immolation, were tried for offences under Sections 3048 and 498A of the IPC. The trial court acquitted them of the dowry‑death charge under Section 3048 but convicted them under Section 498A for cruelty that allegedly drove the woman to suic…

The case involved six accused persons charged under IPC sections 302, 149 and 148 for the murder of four individuals. The trial court convicted four of the accused and sentenced them to death. The Allahabad High Court, however, acquitted the accused and dismissed the State's appeal. The complainant (informant) and the …

On 8 August 1997, a quarrel between the accused Babulal Bhagwan Khandare, Nandulal and others and three deceased persons (Shivaji, Madhukar and Ramesh) escalated into a violent assault with knives and a rapier, resulting in the deaths of the three victims. The accused pleaded that they acted in private defence and that…

The accused were intercepted while carrying opium and were served a notice under Section 50 of the NDPS Act informing them of their right to be searched before a gazetted officer or magistrate. They declined that option and were searched by a narcotics officer, leading to the seizure of 200 g of opium and conviction un…

The appellant Savitri Goenka challenged a Delhi High Court order that had converted a criminal miscellaneous petition filed under Section 482 of the Code of Criminal Procedure (CPC) into a bail application under Section 438 CPC and granted interim protection, without serving notice on her. The High Court had earlier di…

The Lucknow Development Authority acquired a large tract of land for a housing scheme and the Special Land Acquisition Officer fixed its market value at Rs.2.20 per sq. ft., later increased to Rs.6 per sq. ft. by the acquisition tribunal after considering sale deeds of small plots. The landowners appealed, claiming the…

The appellant was charged under Section 138 read with Section 142 of the Negotiable Instruments Act for dishonouring a cheque. The complainant sent a legal notice to the appellant, which was returned stamped "house locked". The trial magistrate dismissed the complaint on the ground that the notice was not served. The A…

Eagle Flask Industries Ltd, a manufacturer of plastic insulated wares and vacuum flasks, claimed exemption from central excise duty and licensing control under Notification 11/88 (NT) CE dated 15‑04‑1988 and Notification 53/88, which exempted certain plastic items. The company failed to file the declaration and underta…

The State of Rajasthan appealed the Rajasthan High Court’s judgment acquitting accused Bada and Sawa and reducing Nana’s conviction from murder to culpable homicide not amounting to murder. The trial court had convicted all three under Section 302 read with Section 34 based on the testimony of injured eye‑witnesses PW‑…

Investors who had subscribed to fixed deposit and saving schemes of M/s Habib Investments Ltd. alleged that the company failed to honour certificates on maturity and filed FIRs. They obtained an order from a Metropolitan Magistrate for appointment of a receiver and attachment of five properties, but the attachment orde…

The Kerala State Science & Technology Museum, a state‑owned society, entered into a construction contract with Rambal Company (Respondent No. I). After alleged breach, the museum terminated the contract and later issued a demand notice under Section 34 of the Revenue Recovery Act, 1968 for Rs 22,10,303. The respondent …

The appellant, an agent purchasing mentha oil in Uttar Pradesh for principals outside the state, was detained by the State Revenue for not deducting tax under Section 8‑E of the Uttar Pradesh Trade Tax Act, 1948. The agent filed a writ petition challenging the constitutional validity of Section 8‑E, arguing that the tr…

The Supreme Court considered two appeals arising from Labour Court awards that reinstated conductors of the Andhra Pradesh State Road Transport Corporation without back wages. The key questions were whether such reinstatement implied continuity of service and whether the employees were entitled to notional increments f…

The respondent, a medical officer appointed by the Uttar Pradesh Public Service Commission, failed to take charge of a posting on 15 July 1988 and remained absent without authorization. A show‑cause notice was issued, no reply was recorded, and his services were terminated effective 16 July 1988. The employee claimed h…

The Morinda Co‑op. Sugar Mills Workers Union filed a suit seeking a declaration that its members were entitled to a variable dearness allowance (VOA) under para 317(ii) of the Third Wage Board Report and an injunction restraining the mill from withdrawing the allowance. The mill contended that the suit was not maintain…

Bashir Ahmed, a former sepoy, served 9 years 7 months and 27 days, including a two‑year reserve liability, but did not meet the service length required for pension under the Army Instructions applicable at the time (15 years in colours and 2 years in reserve). The High Court, relying on a certificate of service that er…

The appellant, a supplier, issued a cheque to the respondents for goods supplied, which was dishonoured due to insufficient funds. After the first dishonour, the appellant served a legal notice demanding payment; the cheque was presented again at the respondents' request and dishonoured a second time, followed by a sec…

The case arose from a partition suit where a preliminary decree was passed and an appeal was filed. During the pendency of the appeal, respondents 8 and 9 purchased one of the suit items (item No. 9) and were impleaded as respondents in the appeal. The parties later executed a compromise agreeing to partition the prope…

The appellant Oriental Insurance Co. Ltd. challenged a Madras High Court order that held it liable to pay compensation for a motor accident that occurred on 28 May 1996. The insurance policy was issued on the same day but expressly stated that its coverage would be effective from 29 May 1996 to 28 May 1997. The High Co…

The plaintiff sold a 7200 sq.ft. land to the appellants who paid only part of the consideration, leading to a suit for recovery of the balance. The trial court issued a preliminary decree under Order XII Rule 6 CPC ordering payment and allowing execution by sale of the charged property. During execution, the appellants…

Swarn K. Jain filed a suit for possession of his land alleging that the defendants had encroached upon it and erected a boundary wall. The defendants contended that the plaintiff was estopped from suing because he had received the full sale consideration and deliberately omitted when the cause of action arose. The Jamm…

The Woodburn Park Co‑op. Housing Society owned two plots and sought to construct multistoried buildings for its members. A dispute arose between members and the Managing Committee, leading the Calcutta High Court to direct the Registrar of Cooperative Societies to divide the Society’s assets and liabilities. The Regist…

The dispute arose when Ojas Industries filed an Industrial Entrepreneur Memorandum (IEM) to set up a sugar mill, and Oudh Sugar Mills filed a later IEM within 7.2 km of Ojas' proposed site. The Delhi High Court held that the 15‑km distance rule applied only between an existing and a proposed mill, not between two propo…

The appellant Mano was convicted, along with three others, for the murder of Pasupathy under Section 302 read with Section 34 of the IPC. The prosecution case relied on the testimony of two brothers of the deceased and on weapons recovered after the incident, though the weapons were not subjected to forensic analysis. …

The respondents, employed as Library Assistants and Attendants at Utkal University, filed writ petitions seeking regularisation of their services and salary parity with regular university employees. The Orissa High Court rejected their regularisation claim but directed the university to pay them salary on par with simi…

The Supreme Court considered whether the principles laid down in National Insurance Co. Ltd. v. Swaran Singh (2004) apply to insurance claims other than third‑party risks, particularly own‑damage claims. It held that Section 149 of the Motor Vehicles Act, 1988, which imposes a duty on insurers to satisfy judgments for …

The appeal challenged a Division Bench order that the Chief Justice's 2003 notice directing contempt matters to be listed before any judge with the roster to dispose of the main case violated the Contempt of Court Rules. The Supreme Court examined whether such a listing procedure was permissible under the Contempt of C…

The State of Karnataka and the Union of India appealed against a Karnataka High Court judgment that had struck down the proviso to Section 27 of the Consumer Protection Act, 1986 on the ground that it allowed tribunals to impose imprisonment or fine without prescribing a trial procedure, violating Articles 20 and 21 of…

Tata Iron and Steel Co. Ltd. manufactured parts of locomotive wagons and rolling stock at its Growth Shop in Adityapur and transferred them to its main plant in Jamshedpur for repair and maintenance of transport equipment used within the factory. The assessee claimed exemption under Notification No. 281/86, which exemp…

The Gupta group, originally holding a 50.9% stake in Aar Gee Board Mills, alleged that the Garg group illegally allotted 9,507 equity shares, reducing the Gupta shareholding to a minority and constituting oppression and mismanagement under Sections 397 and 398 of the Companies Act, 1956. The Company Law Board set aside…

The appeal concerned whether a lottery ticket is a "good" for purposes of the Kerala General Sales Tax Act, 1963. The petitioner argued that the ticket, being a piece of paper, should attract sales tax, while the State contended that the purchaser's right to a conditional prize is an actionable claim excluded from the …

The respondents, driven by a prior enmity, tied and assaulted the victim, pressing his mouth and chopping off the lower part of his left leg. The trial court convicted them under Section 307 read with Sections 148 and 149 of the Indian Penal Code and sentenced each to five years' rigorous imprisonment. The High Court a…

The appellant was convicted under Section 494 of the IPC for marrying a second time while his first marriage subsisted. He appealed the conviction, which was upheld, and then filed a revision petition under Section 397 of the CrPC. The High Court dismissed the revision petition ex parte because the appellant's counsel …

The Kerala government transferred land to GIDA, which invited tenders for its sale. Hotel Venus International was the successful bidder, but it insisted on obtaining an exemption under Section 81(3)(b) of the Kerala Land Reforms Act before furnishing the required bank guarantee. The exemption was delayed, and the succe…

Munna Lal filed a suit for specific performance of a contract for sale of land, which was dismissed by the trial court. The appeal against the dismissal was allowed ex‑parte by the first appellate court, and the appellant sought to set aside the ex‑parte decree under Order XLI Rule 21 of the CPC. The appellant contende…

The petitioner, Rajesh Kumar Sharma, sought to compound an offence under Section 135(1)(a) of the Customs Act, 1962. The Compounding Authority fixed the compounding amount at Rs 10 lakh, which the petitioner challenged as exceeding the permissible limit, arguing that the amount should be limited to 20 % of the market v…

B.G. Shirke Construction Technologies (P) Ltd, a dealer engaged in constructing houses for the Karnataka Housing Board, purchased tower cranes in 1995-96 and claimed a concessional 4% sales tax rate under Notification FD.43.CSL 94(iv) by filing Form 37. The assessing authority held that the company did not satisfy the …

M/s Gomzi Active filed a suit seeking a permanent injunction, damages and rendition of accounts against M/s Reebok India Co. for allegedly infringing the slogan "I am what I am" which Gomzi claimed as its trademark. The trial court held that Gomzi's registered trademark was "Gomzi" and that the slogan was unregistered,…

Ram Saran was appointed as a Constable in the Central Reserve Police Force by falsifying his date of birth on a school certificate. After 27 years of service, a departmental enquiry found him guilty of furnishing false information to secure appointment, a violation of Section 11(1) of the CRPF Act and Rule 14 of the CC…

The appellants, Philomina Jose and others, sought to exercise their right of redemption under Order 34 Rule 5 of the Code of Civil Procedure (CPC) after sale decrees were passed in 1985 and 1989. The Kerala High Court dismissed their petitions, holding that the mortgage debt merged into the sale decree and that the ame…

The appellants challenged a direction of a Single Judge of the Karnataka High Court who, while remanding a land dispute to the Ankola Taluk Land Tribunal, ordered that occupancy rights be granted to the respondents. No stay was sought, and the Tribunal proceeded to grant the occupancy rights as directed. The appellants…

Mohd. Yousuf filed an application before the Chief Judicial Magistrate alleging forgery and fraud, prompting the magistrate to direct the police to register an FIR and investigate under Section 156(3) of the CrPC. The police filed a charge‑sheet, after which Afaq Jahan (respondent No. I) moved the High Court under Sect…

Baldev Singh was convicted by the trial court and the High Court for murder (Sec. 302 IPC) and outraging modesty (Sec. 354 IPC) based largely on circumstantial evidence such as injuries on his body, recovered chappals and utensils, and alleged extra‑judicial confessions. The Supreme Court examined whether these circums…

The appellant, Mohindra Hire Purchase, filed a complaint under Section 138 of the Negotiable Instruments Act leading to the accused's acquittal. The appellant then sought special leave to appeal the acquittal under Section 378 of the Code of Criminal Procedure. The Punjab and Haryana High Court dismissed the applicatio…

The incident occurred on 19 March 1984 when a mob of labourers attacked police personnel at the Iron Ore Plot in Paradeep, resulting in the deaths of five police officers. Six accused were convicted by the trial court on the basis of eye‑witness testimony of Havaldar U.C. Jena (PW‑2) and another police witness (PW‑8). …

The Supreme Court examined an appeal filed by the State under Section 378(1) and (3) of the Code of Criminal Procedure, 1973 against the acquittal of Batcu Venkatehswarlu and others by a trial court. The Court held that an appellate court has full power to re‑appreciate, review and reconsider the entire evidence and re…

The appellants Chaman, Vinod Kumar and Naresh entered the deceased Jaswant Singh's house armed with weapons, assaulted him and caused his death. They were convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to life imprisonment, with Vinod also convicted under Section 323. On appeal …

The case arose from the death of Anita, who allegedly committed suicide after her husband Vijay and mother‑in‑law Suman demanded dowry. The prosecution relied on a letter (Exhibit 19) written by Anita to her father, which mentioned a demand for a gold ring by the mother‑in‑law. The trial court convicted only the mother…

The State of U.P. appealed the acquittal of two accused who had been convicted for rape under Section 376 IPC by the trial court. The High Court set them free on the sole ground that the prosecutrix was of "easy virtues," without providing any reasoning. The Supreme Court held that a victim's character is irrelevant to…

The complainant filed a criminal complaint in 2002 alleging that the appellants had misled him about an appointment, invoking Sections 406, 409 and 418 of the IPC. The magistrate issued summons, but the appellants challenged the complaint on the ground that it was barred by the three‑year limitation prescribed in Secti…

The State appealed the acquittal of Sait & Krishnakumar, who had been convicted by a Sessions Court of murder (IPC s.302) and robbery (IPC s.392 r/w s.397) based on the testimony of prosecution witnesses PW‑1 to PW‑3 and PW‑8. The High Court set aside the conviction, holding that PW‑1, PW‑2 and PW‑3 had seen the accuse…

The High Court of Madhya Pradesh acquitted the accused, Mubarik Khan, on the basis that the sole eyewitness (PW5) was unreliable and that there was a considerable delay in forwarding the FIR to the magistrate. The State appealed to the Supreme Court under Article 136, challenging the acquittal. The Supreme Court examin…

The Sessions Judge convicted Palanisamy (Selvan) for murder under s.302 IPC based on two pieces of circumstantial evidence: witnesses 1 and 2 who claimed to have seen the deceased with the accused at 11 p.m. on a dark night, and an alleged extra‑judicial confession made to the village head (PW‑3) on the following morni…

Bharat Petroleum Ltd occupied a premises under a lease that expired in 1978 and sought an extension, which the landlord refused. The landlord filed a writ petition for eviction, which the High Court allowed on the basis of Hindustan Petroleum v. Dolly Das, ignoring the tenant's rights under the Tamil Nadu City Tenants'…

In a suit for specific performance of a sale of immovable property, the parties entered into an oral agreement and later produced a written document containing the terms and conditions of that agreement along with rent receipts. The trial court refused to impound the documents, holding they were not instruments requiri…

The appellants' property was requisitioned in 1987 and acquired under the Requisition and Acquisition of Immovable Property Act, 1952. Although a 1975 agreement fixed a price of Rs 18,98,000, the claimants received this amount in 1993 under protest and later sought higher compensation, leading the State Government to a…

The deceased Vijay was tied to a cot and brutally assaulted with an iron pipe and wooden stick by six accused, leading to his death. While on his deathbed he gave a dying declaration to his brother (PW9) and mother (PW10) identifying all six assailants. The trial court convicted the principal accused under Section 304 …

The appellant V.D. Chaudhary challenged a bail order granted by the Allahabad High Court to the accused (respondent No.2) for offences under Sections 304 and 338 IPC, alleging that the High Court had not given reasons and that the bail was being used to delay the trial. The case originated from a FIR alleging shooting …

The appellant, Nirmal Jeet Kaur, alleged dowry harassment and filed a criminal complaint against her husband (Respondent No.2) under Sections 498A, 506 IPC and the Dowry Prohibition Act. Respondent No.2 sought anticipatory bail under Section 438 CrPC, which the High Court disposed of, directing him to apply for regular…

The case arose from the murder of Devi Lal, who was killed by Gajanand with an axe while a dispute over grazing goats escalated. The trial court convicted Gajanand under s.302 IPC and sentenced him to life imprisonment, but the Rajasthan High Court acquitted him, accepting his claim of exercising the right of private d…

The State of Kerala appealed a trial court acquittal of Valson and others for offences including murder (IPC s.302) and assault (s.324) read with s.34. The High Court reversed the acquittal, convicting two accused and sentencing them to life imprisonment. The Supreme Court examined the scope of appellate power under Cr…

The State of Madhya Pradesh charged Basodi with the murder of his nephew under IPC s.302 and the Arms Act s.27, alleging he shot the victim with a muzzle‑loading gun. The trial court convicted Basodi, relying on an alleged extra‑judicial confession made before three witnesses. On appeal, the High Court found the confes…

The State of Karnataka appealed against the acquittal of accused persons (including A‑3 and A‑4) who were alleged to have thrown the deceased's body into a fire, based on the testimony of PW‑26. The principal issue was whether Section 201 of the Indian Penal Code could be invoked when there was no proven offence and wh…

The appellant purchased a flat jointly owned by Respondent No.1 and her husband (Respondent No.2) on the basis of an unregistered power of attorney and paid Rs.11.40 lakh in cash. Fearing disturbance of his possession, he filed a suit for injunction and the trial court eventually ordered the parties to maintain status …

The appellant, a Havildar/Clerk in the Ladakh Scouts with 17 years of service, was found to have participated in espionage during 1984‑85. A Court of Inquiry under Rule 177 of the Army Rules, 1954 confirmed his involvement, and the Army dismissed him under Section 20(1) of the Army Act, 1950, invoking the proviso to Ru…

The case involved four accused who, during a robbery on a train in 1994, stabbed one passenger to death and shot another. Eye‑witnesses, who were the victim’s siblings, identified the accused in court, leading to conviction by the trial court. The High Court acquitted them on the ground that no test identification para…

The appellant was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to ten years' imprisonment. He appealed, but the Punjab and Haryana High Court disposed of his appeal ex parte because his counsel was absent, despite uncertainty whether notice of non‑appearance had b…

The Supreme Court entertained petitions filed by the National Human Rights Commission seeking transfer of Gujarat riot trials and further investigation. The Court had earlier ordered the Gujarat Government to constitute a five‑member Special Investigation Team (SIT) to reinvestigate nine cases and submit a report. Afte…

The vehicle of C.A. Jabbar was seized under Section 55(a) of the Kerala Abkari Act and the Assistant Excise Commissioner ordered the respondent to furnish a bank guarantee equal to the vehicle's value for its release. The High Court, ignoring this direction, ordered the vehicle's release upon execution of a personal bo…

Vikram Singh was convicted in 1998 for a crime committed on 20‑02‑1996 and sentenced to life imprisonment. He contended that he was a juvenile at the time of the offence, being born on 04‑05‑1980, and therefore entitled to the benefits of the Juvenile Justice (Care and Protection of Children) Act, 2000 as amended in 20…

The Supreme Court heard an appeal by North West Karnataka Road Transport Corp. against an award of Rs.2,59,400 made by the Motor Accident Claims Tribunal (MACT) to the family of a deceased person. The appellant argued that the deceased suffered a fatal head injury after falling from a height of 8‑10 feet in his own hou…

The appellant, representing IDCOL, challenged a decision of the Orissa High Court that set aside a government order awarding a copper cable tender to IDCOL and directed that a later higher offer by OSICL be considered. The High Court had entertained the writ petition without impleading IDCOL, disposed of the case withi…

The wife, Santosh Kumari, alleged that her husband Satish Kumar Batra and his relatives subjected her to dowry demands and cruelty, leading to physical assaults and attempts to force her to commit suicide. An FIR was filed under Sections 498A and 406 IPC, and the trial court convicted all accused, sentencing them to tw…

The appellant State of Rajasthan prosecuted Champar Lal for murder under Section 302 IPC, relying primarily on the victim's dying declaration recorded by a police officer in the presence of a doctor. The trial court convicted based on that declaration, but the Rajasthan High Court acquitted, holding that the declaratio…

The Supreme Court heard two interrelated civil appeals filed by Central Coalfields Ltd (CCL) and DLF Power Ltd challenging a tariff determination made by the Appellate Tribunal for Electricity. The Tribunal had relied on a report prepared by Ernst & Young’s Cost Accounts Wing, which calculated the actual capital cost o…

The Supreme Court was asked to interpret whether the word "date" in Article 54 of the Schedule to the Limitation Act, 1963 denotes a specific calendar date. The Court examined the meanings of "date" and "fixed" and held that "date fixed for the performance" is a crystallized notion indicating a definite day. It observe…

The State of Kerala appealed the acquittal of five accused who were charged under Sections 143, 147, 148, 109, 449 and 302 read with Section 149 of the Indian Penal Code. The trial court and the Kerala High Court had acquitted them on the basis that the FIR reached the magistrate after an unexplained delay and that the…

V.N. Saxena, an army officer, was terminated from service by the Chief of Army Staff on 13 November 1990. He challenged the termination through a writ petition under Article 226. The Uttarakhand High Court set aside the termination, relying on the Supreme Court’s decision in Major Radha Krishnan, which held that a cour…

In 1999 Godfrey Phillips India Ltd. ran a newspaper and magazine advertisement for its "Red & White" cigarettes featuring actor Akshay Kumar and the slogan "Red & White smokers are one of a kind". Ajay Kumar filed a consumer complaint alleging that the ad constituted an unfair trade practice by detracting from the stat…

The respondent, a law‑books seller, filed a writ petition alleging that the Government of Arunachal Pradesh, through an oral assurance by the then Law Minister, had promised to purchase 500 sets of North Eastern Region Local Acts and Rules. The High Court allowed the petition, holding that the doctrine of promissory es…

Fourteen persons were alleged to have formed an unlawful assembly and assaulted a victim with deadly weapons, causing grievous injuries that led to his death. The trial court acquitted eleven accused and convicted three under Section 326 of the Indian Penal Code. The High Court upheld the conviction, reasoning that the…

The State of Nagaland filed an application for leave to appeal under Section 378(3) of the CrPC against the acquittal of Lipok AO and others. Because the application was filed 57 days after the limitation period, the State sought condonation of delay under Section 5 of the Limitation Act, 1963. The Gauhati High Court r…

The Uttar Pradesh Land Development Corporation appointed a panel of trainees as Assistant Project Managers for the World Bank‑funded "Million Wells Scheme" and paid them a stipend. When the scheme was discontinued, six of the trainees filed a writ petition seeking regularisation and pay‑scale upgrades. The Allahabad Hi…

Harbans Kaur and Mitta Singh assaulted Sham Singh, inflicting grievous injuries that later caused his death. The victim’s father Piara Singh and wife Sito, who were relatives of the accused, testified as eyewitnesses; the FIR was lodged after a short delay. The trial court convicted the appellants under Sections 323, 3…

The appellants filed a writ petition under Article 226 of the Constitution seeking quashment of an FIR alleging offences under Sections 420 and 424 of the IPC and Sections 2 and 3 of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act. The Allahabad High Court dismissed the petition, relying on a ba…

The State of Rajasthan appealed the reduction of the sentence awarded to Madan Singh for raping a 10‑year‑old girl. The trial court imposed the statutory minimum of ten years imprisonment under Section 376(2)(f) of the IPC, but the Rajasthan High Court reduced it to seven years, relying on the accused’s custodial perio…

The appeal arose from land‑ceiling proceedings under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, where the original draft statement was prepared, objections were considered, but final publication was not made. After the 1982 amendment, the matter was taken up afresh unde…

Mam Chand filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for injuries caused by a motorcycle driven by Mohinder Pal. The Motor Accident Claims Tribunal held National Insurance Co. liable to pay Rs.60,000. The insurer appealed, contending that the vehicle was not insured at the time of the acci…

Life Insurance Corporation of India (LIC) purchased postage stamps from Maharashtra, which the State of Rajasthan claimed caused revenue loss under the Rajasthan Stamp Law (Adaptation) Act, 1952. The Additional Collector issued a demand notice, which LIC challenged in a writ petition; the petition was dismissed and a s…

The respondents, employed as labourers, cleaners or drivers, were injured in a vehicle accident while performing duties and claimed compensation under the Workmen's Compensation Act, 1923. The Commissioner awarded compensation based on the medical assessment of loss of earning capacity (LEC) and functional disability, …

The appellants operated nine stone‑crushing units in Trisoolam Village, Tamil Nadu, and were served notices by the Tamil Nadu Pollution Control Board for being within 500 metres of a residential area. The appellants contended that the permissible distance had been reduced to 300 metres and that all their units were bey…

P.K. Kapur, a retired Lieutenant Colonel (Time Scale) of the Indian Army who sustained a 30% war injury in 1965, retired on superannuation on 30 November 1989 after 26 years of service. He was initially granted a weightage of 5+3 years (total 8 years) to compute his pension so that it exceeded that of a Major, but afte…

The Andhra Pradesh State Road Transport Corporation (AP SRTC) terminated certain employees who claimed they were its workers. The Labour Court held the termination illegal and ordered reinstatement, after which the employees sought back wages under Section 33-C(2) of the Industrial Disputes Act, 1947. The Labour Court,…

The appellant Kamesh Panjiyar was convicted under Section 304‑B IPC for the dowry death of his wife, Jaikali Devi, and sentenced to ten years' rigorous imprisonment, later reduced to seven years by the High Court. He appealed to the Supreme Court, contending that there was no live link between the alleged dowry demand …