ASHOK BHUSHAN

Srei Equipment Finance Ltd. entered into a hire‑purchase agreement for a JCB machine with Amarnath Yadav, the original owner, and the vehicle was registered with a hypothecation entry in favour of the financier. After the owner defaulted, an arbitrator awarded the loan amount to the financier, but the owner later filed…

The appellant, an accountant, was dismissed by the respondent company and the dispute was referred to the Fifth Industrial Tribunal under the West Bengal Industrial Disputes Rules, 1958. The workman appeared before the Tribunal while the company did not; the workman filed a written statement but the Tribunal failed to …

V.K. Girija was appointed as a Higher Secondary School Teacher (Economics) by direct recruitment. Reshma Parayil, a Higher Secondary School Assistant, claimed that the vacancy should have been filled by transfer under Rule 4(2) of the Kerala Education Rules, 1959. The State Government ordered her transfer, but a Single…

The appellants, Atul Chandra Das, sought ejectment of the respondents, the Bhattacharyyas, from a property alleging a valid sale, while the respondents contended that the original sale to Bholanath was a mortgage by conditional sale and that the appellants colluded to defeat the redemption period. The trial court dismi…

The State of Goa appealed a lower‑court judgment that had dismissed its counter‑claim asserting that Survey No.11/1 in Sulcorna village rightfully belonged to the Forest Department. The plaintiffs‑respondents had earlier withdrawn an application seeking correction of the record, yet their names were later added in red …

The private appellants were caught in a surprise inspection for illegal mining and were offered compounding of the offences under the Madhya Pradesh Minor Mineral Rules, which they accepted by paying a penalty. Subsequently, a magistrate, suo motu, exercised powers under Section 156(3) of the CrPC to direct registratio…

The appellant was charged with rape and criminal intimidation after a mentally retarded girl (IQ 62) became pregnant; DNA evidence established him as the child's biological father. The trial court acquitted him, citing the four‑month delay in filing the FIR and questioning the victim's mental capacity to understand con…

Skill Lotto Solutions Pvt. Ltd., an authorised agent for Punjab lotteries, filed a writ petition under Art.32 challenging the Central Goods and Services Tax Act, 2017 (CGST Act) on the grounds that the definition of ‘goods’ in s.2(52) – which includes actionable claims – is unconstitutional and that taxing lottery, bet…

The appellant, a retired Director General of Police, sought anticipatory bail under Section 438 of the CrPC after an FIR was lodged in 2020 by the brother of a deceased victim, alleging offences dating back to 1991, including murder under Section 302 IPC which was added later based on approvers' statements. The Session…

The appellant, Shri Ram Sahu (deceased) through LRS, filed a suit seeking declaration that a 1995 sale deed was void and a permanent injunction against the defendants. The trial court dismissed the suit; the appellant appealed to the High Court, which also dismissed the appeal but observed that the appellant was in act…

The Tamil Nadu Waqf Board, constituted on 10‑Oct‑2017, comprised 11 members, including elected and nominated representatives. After the term of a Member of Parliament expired in May 2019, the State Government argued that elected members were fewer than nominated members and, invoking Section 99(1) of the Waqf Act, 1995…

The Punjab National Bank advertised for the post of Peon, specifying that only candidates who had passed the 12th standard and were not graduates were eligible. Anit Kumar Das, a graduate, applied claiming to be a 12th pass and was selected, but the bank later discovered his graduate status and cancelled his appointmen…

The Supreme Court examined a series of appeals arising from the National Green Tribunal's (NGT) orders that banned rat‑hole coal mining in Meghalaya, directed the State to deposit Rs 100 crore for environmental restoration, and held that all coal extracted after May 2016 vested in the State. The Court held that the NGT…

The appellant Ganesan challenged the Tamil Nadu Hindu Religious and Charitable Endowments Board Commissioner's order condoning a 266‑day delay in filing an appeal under Section 69 of the Hindu Religious Endowment Charitable Act, 1959. The central issue was whether the Commissioner, a statutory authority, is a "court" f…

The case concerned the ownership of property originally belonging to Ramanna, who died in 1907 leaving a widow Seethamma and a daughter Venkamma. The appellants claimed title based on a 1955 sale deed executed by Jankamma, the granddaughter of Ramanna, while the respondents asserted possession derived from an earlier 1…

In 1994 the landlord filed a suit for possession, rent and mesne profits against the tenant, who failed to file a written statement, leading to an ex‑parte decree in 1998. The tenant later filed an application under Order 9 Rule 13 of the CPC (and Section 5 of the Limitation Act) on 25 August 1998 to set aside the decr…

The appellant Satpal was convicted for the murder of his wife Pooja Rani, who died from severe burns after he allegedly poured kerosene on her and set her ablaze. A dying declaration was recorded by a Judicial Magistrate while the victim was still alive and fit to speak, in which she identified the appellant as the ass…

The appellant Rahul was convicted for murdering Jitender, allegedly because Jitender had an illicit relationship with Rahul's wife. The prosecution relied on circumstantial evidence, including the testimony of the deceased's brother and mother, forensic findings linking a recovered .315 bore pistol to the fatal bullets…

L&T Infrastructure Finance advanced a Rs 40 crore loan to Doshion Ltd., with Doshion Veolia Water Solutions Pvt Ltd (the corporate debtor) providing a non‑disposal undertaking and pledging 40,160 shares of Gondwana Engineers Ltd as security. L&T assigned its rights to Phoenix ARC Pvt Ltd, which claimed to be a financia…

The appellant, a Sanitary Inspector, was charged under Sections 7, 13(2) and 13(1)(d) of the Prevention of Corruption Act for demanding Rs.500 and a cell phone as bribe from a supervisor to process a contract extension. The trial court acquitted him, but the Madras High Court reversed the acquittal and convicted him, r…

The appellant, U.P. Housing & Development Board, had registered the respondent's grandfather for a high‑income group (HIG) plot in 1982. After the grandfather's death, the respondent sought transfer of that registration and allotment of a vacant plot, but a 2002 Government order declared all old registrations of unsucc…

The State of Jharkhand and the Jharkhand State Electricity Board sought to energise a fully constructed electricity sub‑station on land claimed by three respondents who alleged possession of the suit property. The respondents had earlier failed to establish a title to the land in a title suit and could not specify the …

The case concerned scientists employed in DRDO, DAE and DOS who were granted a special pay of Rs 2,000 (effective from 1 Jan 1996) and Rs 4,000 (effective from 1 Jan 2006). The Union of India challenged the inclusion of this special pay in the definition of "pay" for computing pension under Fundamental Rule 9(21)(a)(i)…

The appellant, Sonvir, was convicted along with two others for a double murder under Sections 302, 392 and 34 of the IPC based largely on circumstantial evidence such as recovered jewellery, a blood‑stained knife, a blood‑stained shirt, a Maruti van, and fingerprint matches. The appellant challenged the admissibility o…

The appellant, a Junior Telecom Officer promoted to Sub‑Divisional Engineer under the seniority‑cum‑fitness quota, challenged the seniority list prepared by the Department of Telecommunications, arguing that seniority should be fixed according to dated executive orders and that the ROTA rule should apply. The seniority…

The appellants, accused Nos.2‑5, were convicted under Section 302 read with Section 149 of the IPC for the murder of Bal Kishan based solely on the testimony of the sole eyewitness, PW‑8 (Mullo Bai). The Supreme Court examined the consistency of PW‑8's statements recorded under Section 161 CrPC and her later deposition…

The appellant, Than Kunwar, was convicted under Section 18 of the NDNDPS Act for possession of 6.3 kg of opium recovered from a bag seized during a police interception. She challenged the conviction on several grounds, including the alleged non‑compliance with Section 50 of the NDPS Act during a personal search, the no…

The private victim filed a Special Criminal Application seeking further investigation under Section 173(8) CrPC against an uncharged accused, Shri Bhaumik. The appellant, Satishkumar Nyalchand Shah, a co-accused already charge‑sheeted and on trial, sought to be impleaded as a respondent in that application. The High Co…

The dispute arose from a family settlement (consent decree) concerning the allocation of 15 flats in a Worli development, where eight flats were to be allotted to the PA Group and seven to the RA Group. The RA Group refused to counter‑sign the developer's letter (Annexure E) for the eight flats, arguing that the supple…

The State of Gujarat prosecuted Bhalchandra Laxmishankar Dave, an Assistant Director, under Section 7 read with Sections 13(1) and 13(2) of the Prevention of Corruption Act. The Special Judge, Bharuch, after a full trial, convicted him and sentenced him to five years' imprisonment and a fine of Rs.10,000. On appeal, th…

The Supreme Court heard a batch of public interest writ petitions filed by passenger groups, travel agents and others seeking full refunds of air‑fares for tickets cancelled due to the COVID‑19 lockdown and the ban on domestic and international flights. The Ministry of Civil Aviation had issued an Office Memorandum on …

The appellants, a group of Rotarians, were traveling from Jharkhand to Bihar in a private vehicle when they were stopped at a check post in Nawada. Although no liquor was found in the vehicle, a breath analyser indicated the presence of alcohol in some of the appellants, leading to charges under Section 53(a) of the Bi…

The appellant, Pradeep Ram, was granted bail in 2016 for offences under the IPC, Arms Act and Criminal Law Amendment Act. Subsequent addition of serious offences under the Unlawful Activities (Prevention) Act led the investigating agency to seek his arrest and the Special NIA Judge remanded him to judicial custody. The…