D M DHARMADHIKARI

M/s Mahalchand M. Mothari filed two suits in 1982 seeking damages for non‑supply of sugar that it had ordered from the statutory receiver managing Maheshwari Khetan Sugar Mill. The receiver, appointed by the Collector under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, entered into the contracts in …

Shree Subhlaxmi Fabrics Pvt. Ltd. initiated arbitration against Chand Mal Baradia under a clause in their contract. Baradia filed a suit in the Calcutta Civil Court seeking an injunction to restrain the arbitration, claiming that no arbitration agreement existed and that the contract’s jurisdiction clause limited dispu…

S.A. Jalaluddin challenged a notification issued under Section 18(1)(a) of the City of Bangalore Improvement Act, 1945, which incorporated a two‑year limitation for issuing a declaration under Section 6 of the Land Acquisition Act, as introduced by the Karnataka Amendment of 1967. He argued that the amendment’s limitat…

The State of Karnataka sought to summon Krishnappa as an accused under Section 319 of the Criminal Procedure Code after the prosecution evidence was recorded, despite a prior order in 1995 that had quashed the proceedings against him. The trial magistrate dismissed the State's application, noting that the likelihood of…

The appellants, R. Murali and others, sought leave under Section 92 of the Code of Civil Procedure to file a suit for modifying the scheme of administration of the Sri Kanyaka Parameshwari Devasthanam and Charities, alleging mismanagement by the current Board of Trustees. The trustees opposed, contending that the Tamil…

During a marriage ceremony that turned violent, three members of the bridegroom party (Baratis) shot and killed two men and injured others. They were convicted under Section 302 read with Section 34 of the IPC and sentenced to life imprisonment. On appeal, the Supreme Court examined whether the offence could be reduced…

The Urban Improvement Trust, Udaipur sought to acquire land for a housing scheme under the Rajasthan Urban Development Act. The State of Rajasthan issued a notification under Section 4(1) of the Land Acquisition Act, 1894, first published in newspapers in 1990 and later in the official gazette on 4 June 1992. A declara…

The High Court Employees Welfare Association and others filed a writ petition under Article 32 challenging the Governor of West Bengal's refusal to approve the draft Calcutta High Court Service Rules, 1998 under Article 229(2) of the Constitution. The draft rules, prepared by a five‑judge committee after earlier consul…

The Supreme Court considered the procedure for custody and disposal of property seized by police under Sections 451 and 452 of the Code of Criminal Procedure, 1973. The petitioners sought further directions on how seized items should be handled when the accused denies involvement and no physical article is recovered. T…

The wife, who had a prior marriage that was never dissolved by a court decree, married the appellant after his first wife's death. The husband filed a suit to declare the second marriage void under Section 5(i) and Section 11 of the Hindu Marriage Act, while the wife sought judicial separation and maintenance for herse…

The State of West Bengal prosecuted Kailash Chandra Pandey, a Deputy General Manager at Calcutta Airport, for demanding a bribe of Rs.5,000 to facilitate the passage of cleaning contract bills. A trap was arranged in which the complainant handed the money, which was subsequently recovered from Pandey's pocket; his hand…

The husband of the respondent relinquished his ownership of a house in a village panchayat settlement but did not execute a registered deed. He later executed a mortgage and, together with the mortgagee, sued the wife for a permanent injunction; the suit was dismissed and the judgment became final. The husband subseque…

The appellants filed a suit in 1996 seeking a declaration of ownership and a permanent injunction over land allegedly transferred by a 1953 sale deed that they claimed was actually a loan secured by an oral agreement to reconvey the property upon repayment. They asserted that the loan was fully repaid on 25 March 1987 …

The lessee, Shanti Prasad Devi, held a petrol pump on premises leased for fifteen years and sought renewal after the lease expired, sending a notice and continuing to pay rent which the lessor accepted. The lease contained specific renewal clauses requiring the option to be exercised before expiry and the terms to be f…

Two brothers, who were co‑owners of inherited land with three sisters, entered into a sale agreement with the appellant and an arbitration agreement to fix the price. The first arbitral award was set aside by the civil court on two grounds: breach of natural justice and the fact that the sisters, who owned a 3/5 share,…

The father, a tenure‑holder, executed a sale agreement for agricultural lands that were part of a consolidation proceeding and were recorded solely in his name. The plaintiff sued for specific performance, while the father (deceased) and his sons argued that the father could not sell the entire land because the sons we…

The father purchased a house in 1970 in the name of his minor daughter and later the daughter filed a suit in 1984 for declaration of title and possession. The father pleaded that the purchase was a benami transaction and that he was the real owner, a defence taken in his written statement before the Benami Transaction…

The appellants, Janki Vashdeo Bhojwani and another, claimed co‑ownership of a residential plot attached by the Debt Recovery Tribunal in a loan recovery suit and asserted that they had contributed to its purchase from independent income, including foreign remittances under the 1991 Foreign Exchange (Immunity) Scheme. T…

The Supreme Court examined a dispute over property dedicated as a Dharmachatram (choultry) by a Hindu donor in 1805. The plaintiffs claimed occupancy as trustees, while the defendants asserted title obtained through a court sale. The Court held that such dedication creates a charitable endowment, not a trust, and there…

The appellant, an elderly woman, was assaulted and had valuables stolen during a mob attack on a railway train. She claimed the Railway administration failed to provide protection, constituting deficiency in service, and filed a complaint before the Maharashtra State Consumer Commission, which awarded compensation. The…

The Supreme Court was asked to consider a reference under Article 317(1) of the Constitution, seeking an inquiry into alleged misbehaviour by Dr. H.B. Mirdha, Chairman of the Orissa Public Service Commission. The respondent raised a preliminary objection questioning the maintainability of the reference, specifically wh…

The case arose from a motor accident involving a Maruti Van owned by the respondents. A claim for compensation was filed under the Motor Vehicles Act, 1988 against National Insurance Co. Ltd. The Motor Accident Claims Tribunal awarded compensation even though it found that the respondents had breached the insurance pol…

The case arose from a motor accident in which the vehicle was being driven by the first respondent without a valid licence. The claimant, Savitri Devi, filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal held that National Insurance Co. Ltd., the insurer of the vehicle,…

The Supreme Court examined a batch of Special Leave Petitions challenging awards of Motor Vehicles Claims Tribunals where National Insurance Co. Ltd. sought to avoid liability under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988 on grounds that the vehicle was driven by a person without a valid licence, a fake l…

Arvind Mohan Johar and Anand Krishna Johari were granted bail by the Supreme Court on the basis that Rs. 17 crore and Rs. 13 crore respectively were lying in the credit of the Bombay Stock Exchange (BSE) and National Stock Exchange (NSE) and would be used to satisfy the claimants. The BSE and NSE later filed applicatio…

The case concerned appeals arising from a land acquisition proceeding under the Land Acquisition Act, 1894, where the claimants sought compensation and the Union of India contested the percentage of deduction for development costs. The High Court had segregated the appeals of the land owners from those of the acquiring…

The Supreme Court considered two special leave petitions filed by police inspectors seeking directions on the custody and disposal of seized property such as valuable articles, vehicles, liquor and narcotic drugs. The petitioners argued that the prosecution could not seek remand of accused for evidence collection after…