D P MOHAPATRA

The appellant, a debtor, mortgaged land and later applied to the Special Tahsildar under the Tamil Nadu Debt Relief Act, 1980 for relief. The creditor, having been assigned the mortgage, opposed the application and filed a civil suit for recovery of the mortgage amount. The Special Tahsildar, after inquiry, granted rel…

The appellant, S. Nagalingam, was first married to Sivagami on 6 September 1970. While that marriage subsisted, he contracted a second marriage with Kasturi on 18 June 1984 in a temple in Tamil Nadu, where garlanding and tying of the thali were performed. The trial court acquitted him, holding that the essential "Sapta…

The workmen (appellants) left their original trade union, were falsely accused of assault, arrested and suspended, and a domestic inquiry was initiated under the Model Standing Orders. They obtained a stay of the domestic inquiry from the Labour Court pending the criminal trial, after which the employer reduced their s…

Special Courts were created under the Essential Commodities (Special Provisions) Act, 1981 to try offences under the Essential Commodities Act, 1955, and later were also empowered to try NDPS offences. The EC (Special Provisions) Act lapsed in 1998, causing those courts to lose jurisdiction over EC cases, although they…

The appellant, Antonysami, obtained a decree for specific performance of a sale, directing the judgment debtor to measure and demarcate the land by 23‑Sep‑1966 and to deposit the balance price by the same date. The appellant complied with the deposit, but the debtor delayed the measurement until 1973. An execution peti…

Asia Resorts Ltd. contracted Usha Breco Ltd. to install a ropeway system which failed to meet specifications. Asia Resorts issued a notice on 17 April 1990 and received a definitive denial on 17 May 1990, after which it filed a petition under Section 20 of the Arbitration Act on 30 November 1993. The Supreme Court held…

MIS Mysore Structurals Ltd. terminated three workmen, prompting an industrial dispute. The Labour Court awarded reinstatement with back wages, an award that became final but was not implemented by the company. The workers' union sought and obtained sanction under Section 34 of the Industrial Disputes Act to prosecute t…

The accused Subash Chandra Panda, Kunja Ramana, Narayan Mazumdar and Kalpana Mazumdar were convicted for kidnapping and murdering a four‑year‑old boy allegedly as a human sacrifice. The prosecution’s case rested mainly on the testimony of PW‑14, an employee of Panda, who claimed to have witnessed the entire crime, and …

The Rajasthan Panchayati Raj Rules, 1996 (Rule 273) allowed a 10% bonus for state residents, another 10% for district residents and 5% for rural‑area residents in the merit list for Gram Sewak and Panchayat Secretary posts. Writ petitions challenged this as violative of Articles 14 and 16 of the Constitution. The Rajas…

The Supreme Court examined a 1998 circular issued under the Rajasthan Panchayati Raj Rules that granted 10% bonus marks to district residents and 5% to rural‑area residents in the selection of primary‑school teachers. Unsuccessful candidates challenged the circular, arguing it violated Articles 14 and 16 of the Constit…

The State of West Bengal sought to evict Mis Banalata Investment Pvt. Ltd. and others from premises it claimed as government property. The Calcutta High Court held that the eviction could only be effected under the West Bengal (Public Land Eviction of Unauthorized Occupants) Act, 1962 and not under the West Bengal Gove…

Phoenix International Ltd, a footwear exporter, obtained a Value Based Advance Licence (VBAL) permitting duty‑free import of "printed PVC" (PVC leather cloth) under Notification No. 79/95‑Cus, Section 25(1) of the Customs Act. The customs officer classified the imported sheets as "shoe uppers" (heading 6406.10) because…

The appellant (defendant) challenged the High Court’s decision that the plaintiffs were entitled to exclusion of the period between the withdrawal of an earlier suit and the filing of a fresh suit under Section 14 of the Limitation Act. The earlier suit had been withdrawn with the court’s permission under Order XXIII R…

The appellant, P. John Chandy & Co., was the tenant of premises originally let in 1949 and had sub-let the property on several occasions, including after the Kerala Buildings (Lease and Rent Control) Act, 1965 came into force. The landlord, John P. Thomas, sought eviction under Section 11(4)(i) of the Act, alleging sub…

The appellant, Ram Narayan Sharma, applied for allotment of a vacant premises under Section 16(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlord died, his heirs were substituted, and an allotment order was made, allowing the appellant to take possession. The h…

The Supreme Court examined the 1993 Department of Personnel and Training scheme that confers "temporary" status on casual labourers. It held that the scheme is a one‑time programme applicable only to those who were employed on the scheme's commencement date and who have completed at least one year of continuous service…

The case concerned a Platinum Jubilee Pension Scheme introduced by ITC Ltd., whose eligibility was limited to employees retiring on or after 24‑August‑1986 as per a settlement reached under Section 12(3) of the Industrial Disputes Act during conciliation proceedings. Retired workers who left before that date challenged…

The petitioner, an heir who inherited two plots leased to Scene Screen Ltd. for a cinema, filed Form ‘B’ under Section 6 of the West Bengal Estates’ Acquisition Act, 1953, to retain the lands as an intermediary. After the Act came into force, the State began collecting rent directly from the lessee, prompting the petit…

Jayalakshmi Coelho and Oswald Joseph Coelho, married under the Special Marriage Act, executed a mutual‑consent divorce agreement on 26 July 1991 that also dealt with property and child‑custody matters. Their petition for divorce sought only a decree of divorce, and the Family Court granted it without incorporating the …

The Jammu & Kashmir State Board of School Education amended its regulations to give the Chairman authority to cancel examinations in cases of mass copying, and subsequently cancelled the May‑June 1993 Higher Secondary examinations. Aggrieved candidates challenged the cancellation and the amendments before the Jammu & K…

The landlords applied under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for fixation of fair rent of premises occupied by Shaw Wallace & Co. The Rent Controller and the Appellate Authority excluded a 1,752 sq.ft. area described as "platform and henpen" from the building, fixing rent at Rs.2…

The State of Kerala prosecuted P. Sugathan (A1) and Krishna Kumari (A2) for the murder of Soman and for criminal conspiracy under Sections 302 and 120B IPC. The prosecution alleged that A1, a police Sub‑Inspector, and A2, his concubine, conspired to kill Soman after he tried to revive a past relationship with A2. The t…

The deceased A.T. Nanjappa Rao left two widows, a senior and a junior, and no issue. The senior widow adopted B.T. Shankar, the plaintiff, without the junior widow's consent. The junior widow contested the adoption, arguing that under the Hindu Adoptions and Maintenance Act, 1956 a widow must obtain the consent of a co…

The petitioners challenged the functioning of the Bhopal Gas Relief Tribunal, alleging that the Deputy Welfare Commissioner had fixed arbitrary compensation amounts, that Lok Adalat decisions were sham, and that the lack of proper medical facilities violated their rights. The Supreme Court examined the 1985 Bhopal Gas …

The appellant was intercepted at New Delhi Railway Station with a loaded revolver and two passports – one Indian and one Pakistani – and was charged under Section 12 of the Passport Act, 1967 and Section 5 of the Terrorist and Disruptive Activities (Prevention) Act (TADA). The Supreme Court held that Section 12(1)(a) r…

The respondent entered into a contract through the appellant to purchase 1500 MT of polypropylene, but only 50 MT were delivered and the appellant claimed unforeseen circumstances for the shortfall. The respondent filed a private complaint alleging cheating under Section 420 IPC, claiming a loss of $236,250. The trial …

The original suit sought partition of a 196‑acre property in Hydernagar village, resulting in a preliminary decree that became final and a commissioner was appointed for division. Respondents, assignees of decree‑holders, obtained possession of their shares through execution proceedings. The appellants, who claimed to …

Vallampati Kalavathi, the landlady, filed an eviction suit against tenant Haji Ismail under Section 10 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, alleging non‑payment of rent and a bona‑fide requirement to house her children for higher education. The Rent Controller ordered eviction o…

Lab Assistants, Technicians, Incharges and Instructors employed by colleges under Ranchi University filed a writ petition seeking to be redesignated as Demonstrators with all attendant benefits. The Patna High Court Single Judge, relying on a Patna High Court decision (Sindheshwari Prasad Singh) and a Supreme Court jud…

The State of Rajasthan, under the Rajasthan Sales Tax Act, 1954, issued an incentive scheme in 1987 exempting new industrial units, including oil extraction and manufacturing, from sales tax. In 1990 the State withdrew this exemption for oil industries by a notification issued under both the Rajasthan Sales Tax Act and…

The Board of Management of H.S.I. Said Mosque (landlord) sought to evict tenant Kandaswamy from a vacant plot in Bangalore under Section 21(1)(i) of the Karnataka Rent Control Act, 1961, claiming the land was needed for a new building. The trial court initially granted eviction, but the Karnataka High Court set aside t…

The appellant Madhegowda purchased the share of a minor, Sakamma, in a property from her sister Madamma, who acted as a de facto guardian, in 1961. After attaining majority, Sakamma sold the same share to Ankegowda in 1967, leading to a suit for declaration of title, partition and possession. The trial court and first …

The petitioner, Ador Samia Private Ltd., filed a Special Leave Petition under Article 136 of the Constitution challenging an order of the Chief Justice of the Bombay High Court that appointed an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The central issue was whether such an appointme…

The petitioners sought specific performance of a contract for two cinema theatres in Calicut, but the trial court dismissed the suit. On appeal, a two‑judge Division Bench of the Kerala High Court delivered conflicting judgments and, without identifying any point of law difference, confirmed the trial court decree unde…

Atul Castings Ltd., the tenant, occupied a building leased for residential purposes and kept an office table and equipment in one room to dispose of office files, which the family also used for study. The landlord filed an eviction petition under Section 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, 1949,…

In a marriage governed by the Hindu Marriage Act, the wife obtained a decree of judicial separation on the ground of the husband's adultery, and the husband was ordered to pay maintenance to his wife and daughter, which he failed to do. The husband later filed a petition for divorce under Section 13(1‑A) claiming that …

Gulam Hussain Shaikh Chougule was convicted under Section 135 of the Customs Act for allegedly smuggling 207 silver ingots aboard a trawler intercepted by customs officers. During the investigation, his statement was recorded by a gazetted customs officer under Section 108 of the Customs Act, without the safeguards of …

The mortgagor defaulted on two consecutive instalments under the Central Provinces and Berar Relief of Indebtedness Act, 1939. The creditor obtained a certificate under Section 13(3) of the Act, which the creditor claimed operated as a final decree for foreclosure, allowing immediate possession of the mortgaged propert…

The State of Punjab issued two separate advertisements for 700 Panchayat Secretary posts, one for male candidates (18‑Sept‑1997) and another for female candidates (19‑Sept‑1998), both fixing 1‑Sept‑1997 as the cut‑off date for satisfying the age eligibility of 18 to 35 years as prescribed by Rule 5 of the Punjab Pancha…

The landlord sought eviction of the tenants under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide need for the shop to start his son’s business. The Prescribed Authority accepted the claim and ordered eviction with compensation. The Appell…

The appellants, a company and its directors, entered into a consignment stockist agreement with respondent No.2. A dispute over a Rs 15 lakh payment led the respondent to issue a notice invoking an arbitration clause, which was rejected. He then filed a criminal complaint alleging criminal breach of trust, cheating and…

The State of Delhi charged Gyan Devi, her mother‑in‑law and husband with culpable homicide not amounting to murder (IPC 304/34) in the death of Sudesh. The High Court, on a revision petition, directed the trial court to record only medical evidence and then quashed the charge under Section 304/34 using its inherent pow…

The Supreme Court examined appeals concerning surplus agricultural land taken over by the State under the Andhra Pradesh Land Reforms (Ceiling and Agricultural Holdings) Act, 1973. The appellants, who had either surrendered or were deemed to have surrendered surplus land that included forested areas, claimed that the f…

The plaintiff entered into a sale agreement with the first defendant on 27 July 1971 for a godown, paying an advance and agreeing that the sale deed would be executed within 90 days. The first defendant reneged and sold the same property to defendants 2‑5 on 9 November 1971. The plaintiff sued for specific performance.…

The respondent landlord filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide requirement for the premises. The appellant tenant applied for leave to contest the eviction under Section 25‑B, asserting that he was not a tenant but was in possession pursuant to an agr…

The Supreme Court examined the validity of Notification SRO 348 dated 20 August 1982, which imposed an additional toll of Rs 0.06 per kilogram on dry fruits such as almonds, walnuts and kernels exported from Jammu & Kashmir. The petitioners argued that the levy was a fee requiring quid‑pro‑quo and that the State had no…

The appellant, the estate of V.K. Palaniappa Chettiar, had mortgaged property that was later auctioned and purchased by the respondent. The sale was confirmed under Order 21 Rule 92 of the CPC, and the appellant's application under Order 21 Rule 90 to set aside the sale was dismissed. The appellant appealed that dismis…

Chetan Dass married Kamla Devi in 1976 and, after about two years, filed for divorce under Section 13 of the Hindu Marriage Act, which was dismissed when the couple's relations improved. The wife later lodged a criminal complaint alleging the husband’s illicit relationship with a nurse, prompting the husband to seek re…

The appellant‑accused filed a petition under Section 482 of the CrPC seeking to quash a criminal complaint that alleged violations of Sections 60, 63, 68 and 68‑A of the Companies Act, 1956, involving the alleged siphoning of funds from Non‑Resident Indians into offshore entities. The High Court refused to quash the co…

The appellants (Ram Khilona et al.) had entered into an agreement of sale with the respondents (Sardar et al.) but the sale deed was never executed. After execution, the covenantors allegedly altered the agreement by inserting two independent marginal witnesses to lend authenticity. The respondents sought specific perf…

The Karnataka Forest Act, 1963 authorized officers seized a lorry carrying sandalwood oil and later ordered its confiscation and that of the vehicle, publishing the order in the official gazette. The vehicle's owner applied to a Judicial Magistrate for interim custody, which was dismissed on the ground that only the au…

The landlord, who had settled abroad, filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, claiming a bona‑fide requirement for the premises as his residence. The tenant applied for leave to defend the petition, but the Additional Rent Controller refused, treating the application as a merits…

The contractors Mis. Shyama Charan Agarwala & Sons entered into construction contracts with the Union of India and, after disputes arose, referred the matters to arbitration. The arbitrator awarded reimbursement for additional costs relating to stone aggregate, excavation of rock, and work in a restricted area. The Uni…

The Supreme Court entertained a writ petition under Article 32 seeking effective solid waste management in Delhi, noting that earlier directions in Dr. B.L. Wadhera v. Union of India had not been implemented. The Court observed that no landfill sites had been identified, compost plants were not constructed, and daily s…

The State of Maharashtra sought to evict occupants of several government‑owned plots under the Bombay Government Premises (Eviction) Act, 1955. After issuing show‑cause notices, the competent authority terminated the eviction proceedings by an order dated 16 December 1980 stating that the "proceedings were dropped". Th…

The Ashok Nagar Welfare Association filed suits under Section 6 of the Specific Relief Act seeking possession of land allegedly occupied unlawfully by the respondents. A Single Judge of the Delhi High Court passed ex‑parte decrees on the basis that summons were served, although the summons were later found not to have …

The petitioners challenged the insertion of the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 and the West Bengal Land Holding Revenue Act, 1979 into the Ninth Schedule of the Constitution after they had been struck down as unconstitutional. The issue was whether such post‑1973 insertions, p…

The State of Andhra Pradesh acquired land for a canal and housing projects, but courts enhanced the compensation awarded to landholders, leading to allegations of irregularities and a public outcry. The High Court stayed further payments and, after the State initiated investigations, appointed a Commission of Inquiry u…

The Chandigarh Housing Board allotted a commercial plot to the husband of Narinder Kaur Makol, who, with permission, constructed residential flats on the upper floors. Makol later applied for a residential plot, filing an affidavit stating that neither she nor her husband owned any residential house or plot, and was al…

Mis. Estralla Rubber sued Dass Estate Pvt Ltd for eviction. The defendant sought to amend its written statement under Order VI Rule 17 of the CPC, but the trial court rejected the amendment on the ground that it was inconsistent and would displace an admission. The District Judge, on revision, allowed the amendment; th…

The workman, Tapan Kumar Bhattacharya, assaulted his supervisor in 1980, was suspended, found guilty of major misconduct in a departmental enquiry and dismissed. The employer sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act, 1947, and the Industrial Tribunal initially approved it. …

The appellant and respondent married and later separated, with the appellant filing for divorce in a U.S. court while the respondent returned to India and filed a suit for judicial separation and maintenance. The Delhi High Court, through a Single Judge, initially restrained the appellant from proceeding in the U.S. co…

The K.V. Shramik Sangh, a trade union representing contract workers in the Mumbai Municipal Corporation's solid waste management department, filed a writ petition seeking abolition of the contract labour system and absorption of the workers as permanent employees, alleging that the contracts were sham and that the corp…

The appellants, private stage‑carriage operators, held permits issued under the 1963 nationalisation scheme (as modified in 1980) and claimed that the Regional Transport Authority (RTA) could not grant permits to other private operators on routes overlapping those nationalised routes. They sought a writ of mandamus to …

The case concerned lecturers (respondents 1‑12) employed by Dev Samaj Girl Senior Secondary School, a privately managed recognised school receiving grant‑in‑aid since 1967, who sought salary parity with teachers in other aided schools after the school added 11th and 12th classes in 1988. The Chandigarh Administration a…

The appellants, claiming landlord rights, obtained a decree for eviction, arrears of rent and damages against the State of U.P. and its agency U.P. Jal Nigam. After the decree was confirmed by the Supreme Court without alteration, the appellants sought to continue the pending execution proceedings. The respondents cont…

The appellant-landlord filed an eviction suit against the tenant under Sections 12(1)(a) and 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming default in rent and a bonafide requirement to use the shop for his son’s business. The trial court dismissed the rent default claim but upheld the evictio…

Sm. Laxmibai was traveling in a Karnataka State Road Transport Corporation bus (No. CAF 3590) on 26 February 1989 when a stone caused the bus window glass to break, and a fragment struck her right eye, resulting in 35% visual disability. She filed a claim before the Motor Accident Claims Tribunal under the Motor Vehicl…

Sharad Kumar, employed as an Area Sales Executive, was terminated without a show‑cause notice or enquiry. The dispute was referred to conciliation, and the Delhi Government refused to refer it to an Industrial Tribunal or Labour Court, stating that Kumar was not a "workman" under Section 2(s) of the Industrial Disputes…

G.V.N. Kameswara Rao, a double‑doctorate holder working abroad, married G. Jabilli in 1979. Their marriage quickly became strained, with the wife returning to India and the couple living apart for years. Rao filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955, alleging mental cruelty by his wife. T…

Mahindra & Mahindra Ltd., a long‑standing user of the registered trademark "Mahindra", sued Mahendra & Mahindra Paper Mills Ltd. for passing‑off and trademark infringement, seeking permanent and interim injunctions to stop the defendant from using the name "Mahendra & Mahendra". The Bombay High Court granted an interim…

The Central Bank of India sued Associated Timber Industries and others for recovery of a loan. The defendants contended that the suit was not maintainable because, under the Assam Money‑Lenders Act, 1934, a bank that advances loans is a "money‑lender" and must be registered, which the bank was not. The trial court dism…

The case involved a dwelling house inherited by a brother (respondent) and his two sisters (appellants) who had received their shares by gift from their mother. The sisters filed a partition suit; during the proceedings the younger sister married and the brother sought to pre‑empt her share under Section 4 of the Parti…

Rashida Begum, the lessee of a plot allotted by the President of India, entered into a registered agreement for lease that bound her by all covenants as if a formal lease deed had been executed. She constructed a building and let a portion to General Sales Ltd. The superior lessor issued a notice terminating the lease …

Harmohinder Singh was appointed as a temporary employee of Kharga Canteen in 1974 under standing orders that allowed termination on one month's notice. In 1988 the canteen amended its standing orders to impose a maximum service period of 15 years and an age limit of 60, and terminated Singh's employment in June 1989 af…

The appellants, successors to a landowner who mortgaged his property in 1946, sought restitution under the Himachal Pradesh Debt Reduction Act, 1976. After a collector dismissed their 1979 application as time‑barred, they filed a suit for possession of the mortgaged land in 1981 under sections 4 and 5 of the Act. The t…

The respondent, Manish Bahal, was detained under Section 3(2) of the National Security Act, 1980, and the detention was approved by the Lt. Governor of Delhi. Bahal filed a representation to the Advisory Board, which reported that there was sufficient cause for his detention. The Lt. Governor, after considering the Boa…

The original tenant died leaving two sons; after his death rent was paid by the elder son and later by his widow. The landlord sued the widow for eviction and the parties settled, resulting in a consent decree. The landlord sought execution of the decree, but the younger son (appellant) and his family objected, claimin…

The appellant National Insurance Co. Ltd. issued two insurance policies covering consignments of precious stones exported by the respondent Sky Gems on a CIF basis, with the sum insured expressed in Pounds Sterling and the claim payable at London. The consignments were lost in transit, and Sky Gems claimed the amount i…

The tenants (Mis. Bharat Sales Ltd. and Anr.) occupied a leasehold premises that were originally leased by the Union of India (through the Land & Development Officer) to the landlord. The tenants used the premises for unauthorized commercial purposes, violating conditions imposed on the landlord by the government, and …

The Haryana State F.C.C.W. Store Ltd. engaged two individuals as watchmen/chowkidars on a daily-wage contract for a specific purpose—watching grain stock stored in an open area—and for a defined period of three months or until the stock was cleared. After the stock was disposed of, the respondents were terminated on 26…

The appellant, Topline Shoes Ltd., challenged a decision of the Gujarat State Consumer Disputes Redressal Commission that it had accepted a reply from the respondent, Corporation Bank, filed after the 45‑day period prescribed under Section 13(2)(a) of the Consumer Protection Act, 1986. The appellant argued that the pro…

The case involved the death of Dr. Suresh K. Mahajan, an American citizen, in a road accident in India. His dependants claimed compensation under Section 166 of the Motor Vehicles Act, 1988, initially using a multiplier of 7 and a conversion rate of Rs.30 per US dollar, which the Motor Accident Claims Tribunal awarded …

The respondents, senior Sub‑Divisional Engineers in the Punjab Public Works Department, filed a writ petition seeking selection grade pay to be backdated to 1 January 1978, the date when junior officers in the cadre were granted such pay. The Punjab and Haryana High Court allowed the petition, directing the State to gr…

The petitioners, clerk‑cum‑cash collectors, sought promotion and financial benefits under a 1984 Government Order, arguing that they performed duties similar to lower‑division clerks. The Calcutta High Court, in a contempt proceeding, held that the respondents had not complied with its earlier judgment and, beyond that…

During a raid on Gopal Sarkar's saw‑mill, forest officials seized illegally felled timber along with a band‑saw and related implements. The authorised officer, invoking Section 59A(3) of the Indian Forest Act, 1927 (West Bengal Amendment, 1988), ordered confiscation of both the timber (property of the State) and the to…

The appellant, a tenant, sought purchase of kudikidappu rights under the Kerala Land Reforms Act, 1963. The Land Tribunal dismissed his application, but the Appellate Authority allowed it. The High Court, on revision, set aside the Appellate Authority’s order, remanded the matter for fresh consideration, and held that …

Adhyatma Bhattar Alwar filed a petition for divorce under Section 13(1)(ib) of the Hindu Marriage Act, 1955, alleging that his wife, Sri Devi, had deserted him for more than two years after the birth of their child. The wife claimed she stayed with her parents because her father‑in‑law made indecent advances and she de…

The police intercepted a truck carrying a large consignment of Mandrax tablets that had been dispatched from an Indian port to a fictitious foreign company. The appellant, the chairman of the clearing agency that took possession of the consignment during off‑loading, was identified by a police inspector through a photo…

The Supreme Court considered appeals by the State Bank of India challenging a High Court order that set aside a staff circular which barred the bank from dealing with a non‑recognised officers' association. The petitioners argued that the circular violated Rule 24 of the Verification of Membership and Recognition of Tr…

M.M. Thomas claimed that 20 acres of his private forest were exempt from vesting in the State of Kerala under Section 3(3) of the Kerala Private Forests (Vesting and Assignment) Act, 1971. The Forest Tribunal rejected his claim and the Kerala High Court, while upholding the Tribunal’s view on Section 3(3), entertained …

The appellant Gurdev Singh challenged the detention of his son, Swarn Singh Sandhu, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), alleging misuse of the Duty Entitlement Pass Book (DEPB) export incentive scheme and forging shipping bills. The det…

The dispute concerned the ownership and possession of a flat allotted by MHADA, claimed by Haresh Dayaram Thakur and his brothers. The Bombay High Court appointed a retired judge as conciliator, who conducted meetings and prepared a settlement proposal but sent the report to the court in a sealed envelope without discl…

The appellant, Ranajoy Bose, was charged under the Prevention of Food Adulteration Act, 1954 for selling adulterated tea leaves. The prosecution was launched after obtaining consent from the District Health Officer (IV) under Section 20(1) of the Act, as per a state notification. The appellant challenged the validity o…

Coal India Ltd., a government company, sought to promote non‑executive employees to the post of Welfare Officer (Trainee) which, under Rule 72(2)(b) of the Mines Rules, 1955, required an MBA with a specialization in Personnel Management recognised by the Director General of Mines Safety (DGMS). The respondent, Bibhu Ra…

Mis. Fuerst Day Lawson Ltd. entered into a supply contract with Jindal Exports Ltd. which gave rise to a dispute arbitrated before the International General Produce Association, resulting in a foreign award dated 13 August 1996. The award was sought to be enforced in Delhi High Court, but the court dismissed the execut…

The Tamil Nadu State Transport Corporation dismissed a junior superintendent after a departmental inquiry and sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act, 1947. The Labour Tribunal rejected the application on merit, finding no prima facie case for dismissal. Despite the reject…

The Lala Nanak Chand Trust leased a plot in Meerut to trustee Bateshwar Dayal for 30 years with a renewal clause. After the lease expired, the Trust sued for possession and obtained a decree; the lessee’s heirs later sought specific performance of the renewal clause, but their suit was dismissed as time‑barred. While t…

The Union of India appealed against the Bombay High Court’s order dismissing Solar Pesticides Pvt. Ltd.’s claim for refund of additional customs duty paid on imported copper scrap used as raw material for copper oxychloride. The issue was whether the doctrine of unjust enrichment applies when imported raw material is c…

M.N. Daman filed a private complaint under Section 500 of the IPC alleging that S.K. Sinha and others made false and malicious imputations against him in a bail application, thereby defaming him. The magistrate, after recording Daman's sworn statement, issued summons to the respondents, finding a prima facie case of de…

Sansar Chand Atri, a former Indian Army soldier who retired with pension after 18 years of service, applied for a civil service post reserved for ex‑servicemen under the Punjab Recruitment of Ex‑Servicemen Rules, 1982 (as amended 1992). The Punjab Public Service Commission rejected his candidature, holding that because…

Dr. A.K. Doshi was appointed as Member (Technical) of the Company Law Board after a Selection Committee had recommended another candidate (the 2nd respondent) and placed Doshi on a reserve panel. Allegations against the 2nd respondent were not presented to the Selection Committee but were used by the Secretary of the A…

The Food Corporation of India (FCI) challenged an order by the Municipal Committee of Sangrur, Punjab, that amended the assessment list and increased property tax on its godown. The amendment was effected under Section 67 of the Punjab Municipal Act, 1911, based on a notice that the corporation alleged was vague, lacki…

Ravi Singhal and his son filed a suit in the Delhi High Court seeking specific performance of a family settlement dated 4 November 1994, which required the husband to provide maintenance, a house, and other expenses for his wife and daughter. The wife and daughter obtained an interim order directing the husband to pay …

Dharmesh @ Nanu Nitinbhai Shah was charged under several IPC and Arms Act offences and a charge‑sheet was filed before a Metropolitan Magistrate who committed the case to the Sessions Court without producing the sanction order required under Section 196 of the CrPC. The petitioner sought discharge on the ground of lack…

The husband filed a petition under Section 5(ii) read with Section 12(1)(b) of the Hindu Marriage Act seeking a declaration that his marriage was null and void because his wife allegedly suffered a chronic, incurable mental disorder and refused cohabitation. The trial court dismissed the petition for lack of proof; the…