E S VENKATARAMIAH

M/S. MSCO Pvt. Ltd. imported stainless‑steel plates under a 1977 customs notification that granted a concessional duty provided the goods were used to manufacture specified articles and the finished articles were sold only to "industrial units". The company supplied certificates that the plates were used accordingly, b…

The respondent, a Deputy Engineer of Gujarat Electricity Board, was transferred from Surat to Ukai and refused to join, citing his ailing mother. He filed a representation to cancel the transfer, which was rejected, and subsequently remained absent without sanctioned leave. The Board issued warning letters, including a…

Surinder Pal Singh, a Deputy Superintendent of Police, was accused of misappropriating twenty gold bricks recovered during an investigation and was charged under several IPC sections, the Prevention of Corruption Act and the Treasure‑Trove Act. The investigation was carried out by an Inspector of the Crime Branch, whic…

The appellants were granted temporary stage‑carriage permits on 10 January 1980 under section 68F(1C) of the Motor Vehicles Act, 1939, nine years after a scheme had been published under section 68C. The State Transport Appellate Tribunal and the Allahabad High Court set aside those permits, holding that they were depen…

Basant Roadways filed a Special Leave Petition before the Supreme Court challenging an interim order of the Madhya Pradesh High Court. The Supreme Court held that, as the petition was against an interim order, it would not interfere with the High Court's decision and dismissed the petition. While doing so, the Court ex…

The petitioners, a group of hawkers, claimed a constitutional right under Article 19(1)(g) to occupy specific spots on Delhi's public pavements for street trading, alleging that the municipal authorities' refusal violated their rights under Articles 19 and 21. The respondents argued that no exclusive right to occupy pa…

The Government of Maharashtra issued a resolution on 23 May 1974 reserving a percentage of promotional vacancies for backward classes. The Municipal Corporation of Greater Bombay adopted this policy through its own Resolution No. 567 dated 12 September 1975, which was not brought into force immediately. Respondent Mrs.…

B.R. Ramabhadriah, a Forest Department officer, challenged a provisional integrated gradation list of Forest Officers issued under the States Reorganisation Act, 1947, alleging that his seniority over the 6th respondent and over five officers from the Telangana region was incorrectly fixed. The Central Government later…

Godavari Sugar Mills sold land and buildings to Somaiya Organics for Rs.7,76,000, but the sale was subject to an equitable mortgage created in favour of Punjab National Bank for a contingent liability of Rs.65,00,000. The Sub‑Registrar and Collector treated the total consideration as Rs.1,92,76,000, leading to a disput…

The petition sought revocation of special leave that had been granted by the Supreme Court in the presence of the respondents' counsel after hearing. The Court examined whether it could set aside its own order of special leave, considering the procedural propriety of the original grant and the constitutional implicatio…

The petitioners, representing Scheduled Caste and Scheduled Tribe employees of the Posts & Telegraphs (P&T) Department, challenged a 1983 government policy that removed the earlier reservation advantage that allowed them to be promoted after 10‑12 years, replacing it with a uniform 16‑year rule for all employees. They …

Ajay Canu, a student with a two-wheeler licence, challenged a Hyderabad police notification and Andhra Pradesh Motor Vehicles Rule 498-A that made wearing crash helmets compulsory for motorcycle and scooter riders. He argued that the rule was ultra vires the Motor Vehicles Act because Section 85‑A had not been brought …

The Punjab Government advanced a loan to a cooperative house‑building society for low‑income housing, securing repayment by mortgaging the sites and houses. The society defaulted on repayments and the government issued a notice invoking clause (b) of section 67 of the Punjab Land Revenue Act to arrest the borrowers. Th…

Hameedia Hardware Stores, a partnership, was a tenant of both residential and non‑residential portions of a building owned by the respondent. After the lease expired, the respondent filed an eviction petition under section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming his wife n…

Subodh Chandra Das, an operator with Hindustan Fertilizer Corporation, claimed that his date of birth recorded as 1‑June‑1931 was incorrect and sought its alteration to 20‑Oct‑1938 based on a medical certificate. The Patna High Court rejected the alteration but, citing his domestic problems, ordered that he be reappoin…

In the 1982 Himachal Pradesh Assembly election, Ram Chand Bhatia (BJP) was elected over Hardyal (Congress). Hardyal filed an election petition alleging that a poster (Annexure PA) printed by Janata Party candidate Kanshi Ram contained false statements about his personal character and was distributed with Bhatia’s conse…

The petitioner, Kaliappan, owned a ten-and-a-half cent plot in Kozhippathi Village, Kerala, which the State sought to acquire for public purpose. A declaration under the Kerala Land Acquisition Act was published on 19 January 1984, and the Land Acquisition (Amendment) Act, 1984 came into force on 24 September 1984, int…

B.K. Mohapatra, an assistant teacher appointed in a 'B' type High School in 1953, challenged a 1964 rationalisation scheme that counted his seniority only from the date the schools were converted into government schools (June 1, 1964) and dealt with the contributory provident fund. The State of Orissa argued that the 1…

Naubat Singh was the tenant of a shop in Bulandshahr when the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 came into force. After his death in 1974, landlord Ratan Lal sought eviction under the Act. Jaspal Singh, the nephew of the deceased, claimed he was an heir under a will and t…

The petitioners, who held permanent stage‑carriage permits for non‑notified routes, applied to the competent authority under the U.P. Motor Vehicles (Special Provision) Act, 1976 for authorisation certificates to ply on the notified Unnao‑Kanpur and Lucknow‑Barabanki routes. Their applications were rejected, and they u…

The State Government notified lands belonging to Godrej & Boyce for acquisition in 1961, declared acquisition in 1965 and issued compensation notices in 1966, but took no further action. The lands were later occupied by slum dwellers, and the respondent repeatedly urged the government to remove the encroachments and aw…

The petitioners were daily‑rated casual labourers in the Posts and Telegraphs Department who were classified into unskilled, semi‑skilled and skilled categories and further divided by length of service, receiving wages far below the minimum pay of regular employees. They sought equal pay, regularisation and a scheme fo…

In the 1985 Uttar Pradesh Legislative Assembly election for constituency No. 41, Smt. Pushpa Devi was declared elected with 23,006 votes, defeating the runner‑up by a margin of 2,271 votes. A candidate (Respondent No. 8), a college teacher, secured 3,606 votes, exceeding that margin. An elector, Sarnam Singh, filed an …

Three private operators whose stage‑carriage permits on an inter‑state route were about to expire applied for renewal under section 58 of the Motor Vehicles Act. Simultaneously the Rajasthan State Road Transport Corporation applied for fresh permits for the same route. Both sets of applications were heard together by t…

The appellant, a political figure, was appointed Secretary of the first Board of Directors of the Vaishalli District Central Cooperative Bank under Bye‑law 29, which allowed the Registrar to nominate the Board for up to one year at a time. The Board's term was repeatedly extended by directions from the Chief Minister, …

Ikramuddin Ahmed Borah, a Sub‑Inspector of Police in Assam, was appointed by the Principal Police Training College under the Assam Police Manual. He was dismissed by the Superintendent of Police, Darrang, invoking clause (b) of the second proviso to Article 311(2) of the Constitution on the ground that an inquiry was n…

The North Bihar Regional Transport Authority (RTA) advertised for applications to grant stage‑carriage permits on routes that crossed into South Bihar. The petitioner challenged the authority’s power to issue such inter‑regional permits without a prior agreement with the South Bihar RTA, arguing that the Motor Vehicles…

Miss A. Sundarambal, a school teacher, was terminated by the management of a school run by the Society of Franciscan Sisters of Mary. She sought relief under the Industrial Disputes Act, 1947, but the Government of Goa declined to refer her dispute to a Labour Court, holding that she was not a "workman" within the mean…

S.K. Sharma was appointed Assistant Engineer‑II on probation on 10 June 1963 and completed the two‑year probation in June 1965. A disciplinary proceeding in 1968 imposed a minor penalty of stoppage of one increment for one year, which had no future effect on his seniority. Although his probation was satisfactorily comp…

Jagjit Bus Service, a stage carriage operator, applied for renewal of its permit on a Punjab route but was repeatedly granted only temporary permits. The State Transport Commissioner justified this by citing two incomplete schemes under s.68(2) of the Motor Vehicles Act, 1939, and the absence of a finalized state trans…

The District Magistrate of Mathura declared two plots in the Baldev town area as a bus stand/halting place and the Town Area Committee contracted a private firm to collect fees from bus operators. The appellant, a bus operator, challenged the magistrate's order and the fee levy through a writ petition, which the Allaha…

The Supreme Court considered a writ petition under Article 32 filed by C. Elumalai, an adolescent offender convicted of a capital offence and sentenced to life imprisonment, who was detained in a Borstal School under section 10-A of the Tamil Nadu Borstal Schools Act, 1925. The issue was whether the State of Tamil Nadu…

The Supreme Court examined a writ petition under Article 32 challenging the detention of Ajay Dixit under Section 3(2) of the National Security Act, 1980. The District Magistrate had listed six past criminal incidents as grounds, alleging that Dixit was likely to act prejudicially to public order. The Court held that t…

The petitioners, canteen workers in three defence establishments at Kanpur, retired after 22‑Oct‑1980 and claimed that their service in the canteens prior to that date should count as qualifying service for pension. The Union of India contended that before 22‑Oct‑1980 the canteens were managed by Canteen Managing Commi…

Three categories of Doordarshan staff artists (Cameraman Grade‑II, Sound Recordist and Lighting Assistant/Lightman) challenged a government order that gave them lower fee scales than their counterparts in the Film Division of the Ministry of Information and Broadcasting. They argued that they performed identical duties…

The landlord Om Prakash leased a commercial premises to Musadi Lal, who later sub‑let it to Med Ram without the landlord's written consent. The landlord filed an eviction petition under the Haryana Urban (Control of Rent and Eviction) Act, 1973, invoking s.13(2)(ii)(a). After Musadi Lal's death, his heir Bal Kishan was…

The appellant, P.C. Agarwal, appeared for the 19th Competitive Judicial Service Examination and secured 38.8% in the written paper and 416 marks overall, but was omitted from the list of successful candidates prepared under Rule 19 of the Bihar Civil Service (Judicial Branch) Recruitment Rules, 1955. The Bihar Public S…

L.B. Sugar Factory & Oil Mills Ltd., a sugar manufacturer, contributed Rs 22,332 to the construction of a dam and road at the request of the Collector and Rs 50,000 towards roads under a Sugarcane Development Scheme. Both amounts were claimed as deductions under section 10(2)(xv) of the Indian Income‑Tax Act, 1922, but…

The appellant, an Additional District and Sessions Judge on a two‑year probation, was dismissed after the High Court, relying on a vigilance inquiry and several complaints—including a Bar Association resolution—concluded his work and conduct were unsatisfactory. The appellant argued that his dismissal without a hearing…

The case concerned a female confidential stenographer, Audrey D’Costa, who claimed that after the Equal Remuneration Act, 1976 came into force she was paid lower wages than male stenographers performing the same or similar work. The employer, Mackinnon Mackenzie & Co., argued that the business was not covered by the Ac…

The appellant, a civil servant of Uttar Pradesh, was charged with misuse of travel allowance and his case was referred to the U.P. Administrative Tribunal. After an initial report finding several charges proved, the appellant submitted a reply to a show‑cause notice and the Tribunal re‑appraised the evidence, concludin…

The petitioner, Brij Mohan Parihar, had an agreement with the Madhya Pradesh State Road Transport Corporation (MPSRTC) to operate his bus as a nominee on a specific route for five years ending in 1982, after which he was allowed to ply on a monthly basis under temporary permits. When the route was later brought under a…

The petitioners, industrial users of ethyl alcohol, challenged state statutes imposing a vend fee and other levies on industrial alcohol, arguing that such taxes were beyond the legislative competence of the states. The Court examined the constitutional distribution of powers, focusing on Entries 84 of List I, 51 and 8…

India Cement Ltd., a cement manufacturer, obtained a mining lease for limestone and kankar under the Mineral Concession Rules, 1960. The lease required payment of royalty fixed by the Mines and Minerals (Regulation & Development) Act, 1957. The Tamil Nadu government, invoking sections 115 and 116 of the Madras Panchaya…

The Supreme Court examined whether a 1973 notification that conferred the powers of a Deputy Superintendent of Police under the Motor Vehicles Act, 1939 on the General Manager of Haryana Roadways was valid. The petitioners, private motor transport operators, argued that the appointment violated their fundamental right …

The respondents, including Jaspal Singh Gill, were charged under sections 3, 5 and 9 of the Official Secrets Act, 1923 read with section 120‑B of the Indian Penal Code for allegedly passing classified military information to a foreign agency. While the trial was pending, Gill applied for bail before the Additional Sess…

The respondent was elected to the Lok Sabha from Amethi in the 1984 general election. An elector filed an election petition alleging several corrupt practices, but the petition failed to disclose material facts and particulars required by Section 83 of the Representation of the People Act, 1951. The High Court dismisse…

Bhagwati Prasad Dixit challenged the election of Rajiv Gandhi to the Lok Sabha on three grounds: alleged loss of Indian citizenship due to marriage and property in Italy, holding an office of profit by receiving a parliamentary salary, and the ineligibility of the Chief Election Commissioner. The High Court dismissed t…

The appellant, a temporary government investigator, resigned by tendering a one‑month notice pay as required by Condition 6 of his appointment and handed over all official records on 24 Nov 1984, two days before filing his nomination for the Lok Sabha election. The respondent challenged his election, alleging that he w…

The appellant challenged the appointment of A.P. Joseph as principal of a minority college, arguing that an amendment to the U.P. Intermediate Education Act (U.P. Act 26 of 1975) had removed the Director of Education’s power to appoint principals of minority institutions, and that the earlier disapproval of the selecti…

Sha Steel Treatment operated two separate metal‑processing units, Unit I (established 1963 with 32 workers) and Unit II (established 1975 with 75 workers, located about 200 m apart). Unit I was closed on 15 Feb 1982 due to alleged indiscipline and low production, and closure compensation was offered. The workmen of Uni…

The appellant, a registered owner of a motor vehicle operating as a stage carriage under a permit, was assessed additional tax under section 8 of the Karnataka Motor Vehicles Taxation Act, 1957 because on some occasions he carried more passengers than permitted. The High Court upheld the demand, relying on Noorullha Kh…

The petitioners, sons and nephews of vendors who sold joint family land to strangers, claimed a right of pre-emption under the Punjab Pre-emption Act, 1913. The Sub‑Judge initially granted them possession, but the decision was reversed by the High Court after the Supreme Court in Atam Prakash declared several clauses o…

The petitioners, appointed as ad‑hoc Assistant Medical Officers (AMOs) in the Indian Railways between 1983 and 1986, challenged the Railways' decision to terminate their services and deny regularisation, alleging violation of Articles 14 and 16 of the Constitution. They contended that the 1977 Recruitment Rules did not…

The petitioner filed a writ petition under Article 32 challenging the constitutional validity of the Election Symbols (Reservation and Allotment) Order, 1968, arguing that the Order was legislative in nature and could not be issued by the Election Commission because it lacked statutory authority. The Court examined whe…

M.H. Mazumdar retired as a Supply Inspector of the State of Maharashtra and, after retirement, was served with a charge‑sheet alleging misconduct and negligence during his service. An enquiry was held, he was given a chance to defend himself, and the Collector found one charge proved and another partially proved, recom…

PANDIYAN ROADWAYS CORPORATION LTD, a State Transport Undertaking, had an approved scheme published under s.68‑D of the Motor Vehicles Act, 1939 for the Madurai‑Kumuli route, excluding all private operators except those listed in Annexure II. M.A. EGAPPAN, not listed, obtained two variations of his existing permit to op…

Anoop Jaiswal, a probationary officer of the Indian Police Service, was discharged by the Government of India after being deemed a ring‑leader responsible for a 22‑minute delay during a training exercise on 22 June 1981. The Director of the National Police Academy recommended discharge without conducting an enquiry, an…

The case concerned the promotion of eight Class II Assistant Engineers, all diploma holders, to the Class I cadre of Executive Engineers in the Haryana Public Works Department. The petitioners challenged the promotions, arguing that Rule 6(a) of the Punjab Service of Engineers (Class I) Rules required a university degr…

Francis John, a headmaster of a private school that received government grant-in-aid, was terminated under Rule 74.2 of the Grant‑in‑aid Code after a Dispute Settlement Committee (DSC) recommended dismissal and the Director of Education approved it. John filed a writ petition under Article 226 of the Constitution chall…

The appellant, a female partner in two firms, omitted from her 1964-65 return the shares of profit attributable to her husband and minor daughter, which under s.64(1)(i) and (iii) of the Income Tax Act, 1961 must be included in her total income. The Revenue assessed the omitted amount and imposed a penalty under s.271(…

The Supreme Court examined affidavits filed in a contempt petition where the complainant alleged non‑compliance with a prior court order. Both the complainant’s affidavit and the accused’s reply affidavit were found to be vague, lacking specific facts, and not verified in accordance with Order XI Rules 5 and 13 of the …

Dr. Ramesh Chandra Sinha, an associate professor of Plastic Surgery, challenged his junior placement to Dr. P.K. Verma in the appointment order of September 29, 1978, claiming seniority based on a longer teaching tenure. The Patna High Court had excluded the period from 2 January 1964 to 28 June 1966, treating it as ex…

P.C. Gupta applied in 1968 for a stage‑carriage permit on a route covered by Draft Scheme No. 72 of 1965, which had been published under section 68‑C of the Motor Vehicles Act, 1939 but not yet approved or published as an approved scheme under section 68‑D. The Regional Transport Authority kept his application pending …

The Uttar Pradesh Government approved a draft scheme under the Motor Vehicles Act, 1939 to allow its State Transport Undertaking to operate stage carriages on the Saharanpur‑Delhi inter‑state route, excluding all other operators. The scheme, published in 1959, was challenged by 50 operators; the Allahabad High Court in…

The appellants, members of a society for the prevention of cruelty to animals, filed a revision application in the Patna High Court which was to be heard by Justice S.K. Jha. They later engaged Shri Sailendra Kumar Jha, the son of Justice Jha, to appear for them, prompting concerns about a son appearing before his fath…

Dalhousie Properties Ltd, assessed for the year 1966-67, claimed a deduction of Rs.1,78,784 for municipal taxes under the proviso to section 23(1) of the Income‑Tax Act, 1961, arguing that the deduction should be allowed on the basis of the tax liability even though the amount was not fully paid and was under dispute. …

The Supreme Court heard two civil appeals concerning pre-emption rights under the Punjab Pre-emption Act, 1913. In Appeal No. 639/85, the plaintiffs claimed a right to pre‑empt a sale on the basis of the "thirdly" clause of s.15(1)(a), but the Court, relying on Alam Prakash v. State of Haryana, held that the first, sec…

The appellants, private stage‑carriage operators, held temporary permits under section 68‑F(1‑C) of the Motor Vehicles Act, 1939 on the Somna‑Naujheel route. A draft scheme published in 1960 under section 68‑C remained unapproved for more than 25 years, preventing the issuance of permanent permits and leading the Regio…

The petitioners, sons and wards of Delhi police personnel, applied for constable posts and relied on a 3 October 1981 order of relaxation issued by the Deputy Commissioner of Police. They were denied training because their brothers had already been recruited and because the relaxation had not been granted by the Admini…

Ramendra Singh filed a Special Leave Petition before the Supreme Court challenging a Madhya Pradesh High Court order that dismissed his claim that a minor son could claim a separate ceiling area under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960. The petition argued that Section 6(ii), read with Sectio…

Somasundram Viswanath, an officer of the Defence Accounts Service, was not promoted after the Departmental Promotion Committee (DPC) met on 7 August 1986; one member, the Secretary, Ministry of Defence, was absent. He challenged the DPC's recommendation before the Central Administrative Tribunal, arguing that the Commi…

M.C. Mehta, a social worker, filed a writ petition under Article 32 seeking directions to stop the discharge of untreated tannery effluents into the River Ganga. The Court treated the case as a representative action, issuing notices to industrialists and municipal bodies and hearing evidence that many tanneries at Jajm…

The petitioners, Ram Singh and others, filed a civil suit under Order 1 Rule 8 of the CPC seeking a declaration that they were the owners and possessors of certain land and that the Gram Panchayat had no right over it, alleging that revenue records wrongly showed the land as Panchayat property. The Panchayat contended …

The case involved Dharma Agalaw, the sole surviving coparcener of a Hindu joint family, whose brother Miragu had died leaving a widow Champabai. After the Hindu Adoptions and Maintenance Act, 1956 came into force, the widow adopted Pandurang, who then claimed a one‑half share in the joint family property that had passe…

The petitioners, Air‑Conditioned Coach Incharges‑Attendants of the Northern Railway, filed writ petitions under Article 32 alleging they were denied overtime allowance that their counterparts in the Western, Central and Eastern Railways received for extra duty exceeding 96 hours in two weeks. They claimed this differen…

Hirji Mills Ltd., a textile factory, was wound up and its assets were sold to Sayaji Mills Ltd. The factory remained idle from December 1954 until November 12, 1955, when Sayaji Mills restarted operations, invested fresh capital, renovated machinery and re‑employed about 70% of the former workers. Sayaji Mills claimed …

The respondent, a former Indian Air Force pilot, was appointed by the State of Uttar Pradesh as Secretary of the Zila Sainik Board on a contractual basis for a fixed term, which was successively extended up to 30 August 1985. His services were terminated on 29 March 1985, and he filed a writ petition challenging the te…

The appellants challenged the validity of Section 15 (as amended) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, alleging it violated Article 14 of the Constitution. The High Court had upheld the provision, and the matter reached the Supreme Court. The Court observed that the Act was enacted…

The Tamil Nadu Housing Board (TNHB) had service regulations requiring Junior Engineers to have five years of service before promotion to Assistant Engineer. A Government order mistakenly listed three years, later corrected by a memorandum dated 26‑Feb‑1971, which the Supreme Court held to be an erratum, not a modificat…

Everest Industrial Corporation borrowed Rs 6 lakhs from Gujarat State Financial Corporation under a hypothecation agreement that stipulated repayment in half‑yearly instalments and interest at 8.5% per annum. After defaulting, the corporation invoked section 31 of the State Financial Corporations Act, 1951, and a compr…

The respondents claimed a hereditary right to receive Rs.3,500 annually from the State of Gujarat, based on a 1914 agreement that commuted their right to collect forest produce from the Gir Forest. The State argued that the Gujarat Surviving Alienations Abolition Act, 1963 extinguished that right. The Supreme Court exa…

The Supreme Court considered a series of civil appeals arising from dismissals of bank employees who sought relief under various State Shops and Establishments Acts. The banks argued that the Acts did not apply to them because they were "establishments under the Central Government" and thus fell within the exemption in…

The Christian Medical College Vellore Association, a minority‑run educational institution, challenged two references made by the Tamil Nadu Government to the Labour Court under the Industrial Disputes Act, 1947, arguing that sections 9‑A, 10, 11‑A, 12 and 33 of the Act could not apply to a minority institution protecte…

The petitioners, transporters of goods across Uttar Pradesh, challenged Section 28-B of the Uttar Pradesh Sales Tax Act, 1948 and Rule 87 of the Uttar Pradesh Sales Tax Rules, 1948, arguing that the provisions were beyond the State's legislative competence, infringed Articles 301 and 19(1)(g) of the Constitution, and i…

M/s Hindu Jea Band, a partnership firm in Jaipur that employs 23 musicians to provide music at weddings and other social functions, was directed by the Employees' State Insurance Corporation to pay contributions under the Employees State Insurance Act, 1948 after a Rajasthan Government notification extended the Act to …

The case concerned a company‑allotted flat that a former officer continued to occupy after retirement. The company sought prosecution under Section 630 of the Companies Act, 1956, which penalises officers or employees who wrongfully retain company property. The Supreme Court examined whether the term "officer or employ…

The petitioners, holders of contract carriage permits, challenged a 1975 Rajasthan Government notification that authorised officers of the Rajasthan State Road Transport Corporation (Deputy General Manager (Traffic), Assistant Depot Managers and Traffic Inspectors) to exercise the powers under Section 129A of the Motor…

Harsharan Verma filed a writ petition in the Allahabad High Court challenging the continuance of Charan Singh as Prime Minister and S.N. Kacker as minister, alleging that Charan Singh failed to obtain a Lok Sabha mandate within three weeks as directed by the President, resigned on 20 August 1979, and thereafter continu…

Hindustan Gum & Chemicals Ltd. challenged the levy of octroi by the Bhiwani Municipal Committee after its factory was brought within municipal limits by a 1965 notification under the Punjab Municipal Act, 1911. The High Court dismissed the writ petition, relying on Section 5(4) of the Act, but the Supreme Court in Atla…

The Union of India appealed against a Patna High Court order that held interest accruing under the Coal Mines (Nationalisation) Act, 1973 and the Coking Coal Mines (Nationalisation) Act, 1972 was to be paid exclusively to the former mine owners. The owners had filed writ petitions seeking that the interest be excluded …

Odyssey Communications, the producer of the TV serial 'Honi-Anhoni', appealed against a Bombay High Court interim injunction that barred telecasting episodes 12 and 13 on the ground that the serial spread superstitious beliefs. The Supreme Court held that the right to exhibit films on Doordarshan falls within the freed…

The petitioners, members of the Sikh community, challenged their detention under the National Security Act, 1980, by filing writ petitions under Article 32 of the Constitution. Justice Venkataramiah observed that these matters were not ordinary criminal cases but involved serious questions of national security and the …

The appellant, a teacher in an upgraded intermediate college, lacked the prescribed Sanskrit degree required for a lecturer post and applied for exemption under Section 16E of the Uttar Pradesh Intermediate Education Act. The Board granted the exemption only on 23 July 1963, but the appellant contended that the exempti…

The appellants challenged the declaration of surplus land under the Orissa Land Reforms Act, 1960, arguing that a 1965 partition in their families should prevent their share from being clubbed with their father's land. The High Court dismissed their writ petitions, relying on a Full Bench decision in Nityananda Guru v.…

In the 1985 Rajasthan Legislative Assembly election for the Karauli constituency, Shiv Charan Singh was declared the winner. Two electors challenged his election, alleging that the Returning Officer had improperly accepted the nomination of Kanhaiya Lal, who was under 25 and thus ineligible under Art. 173(b) of the Con…

Anand Kumar filed Special Leave Petitions challenging the method by which the age of the Chief Justice of the Andhra Pradesh High Court, K. Bhaskaran, was determined. The petitioners sought a writ of mandamus to compel the President of India to decide the matter, arguing that the Council of Ministers should be involved…

Chandrama Tewari, a fireman in the Northern Railway, was dismissed after a departmental enquiry found him guilty of fraudulently removing coal. He challenged the dismissal, arguing that the enquiry violated natural justice because a document (paper No. 5) mentioned in the charge sheet was not supplied to him, hindering…

A Committee of Inquiry was constituted to investigate incidents involving lawyers and police officers. The Committee directed that the petitioners, Kiran Bedi (DCP) and Jinder Singh (SI), be cross‑examined at the beginning of the inquiry, while three other officers who had received notices under Section 8‑B of the Comm…

The petitioners, railway employees, challenged the Railway Board's circulars of July 2, 1970 and November 28, 1981, alleging they were unconstitutional and that the seniority list prepared in 1968 should be maintained. They claimed the Board had no authority to grant retrospective seniority to promotees and that they w…

International Ore & Fertilizers (India) Pvt. Ltd., which imports fertilizers and acts as an agent for foreign principals, employed more than 20 workers at its Secunderabad premises. The Andhra Pradesh Government, under section 1(5) of the Employees' State Insurance Act, 1948, extended the Act to "shops" with 20 or more…

The petitioners challenged the Gujarat Secondary Education Act, 1972 on two grounds: that the President had given only a qualified assent, rendering the Act unenforceable, and that sections 33, 34, 35 and 36 infringed constitutional rights such as the freedom to practice any profession (Art. 19(1)(g)) and the reservati…

P.L. Shah, an Upper Division Clerk, was suspended in July 1975 pending criminal proceedings and was granted a subsistence allowance of 50% of his salary. In May 1982 the allowance was reduced to 25% of his salary. Shah filed a petition before the Central Administrative Tribunal in 1988 seeking restoration of the origin…

The petitioner, an income‑tax assessee, challenged the validity of the 1971 and 1975 Proclamations of Emergency, the House of the People (Extension of Duration) Act, 1976 and the Finance Act, 1976, arguing that the proclamations were ultra vires or had ceased to operate because the parliamentary resolutions approving t…

Bhagwan Dass Chopra, a former clerk of Narang Bank of India Ltd., was terminated in February 1975 and raised an industrial dispute before the Central Government Industrial Tribunal. While the case was pending, Narang Bank merged into United Bank of India (UBI) on 1 August 1976, and UBI was impleaded as the successor in…

Makhan Singh, the Secretary of Narainpura Co‑operative Agricultural Service Society Ltd., was absent from work between 11‑May‑1981 and 29‑May‑1981, claiming illness and leave. The Society terminated his employment on 30‑May‑1981 without conducting a domestic enquiry and alleged that he had gone on strike without leave …

Mohd. Mynuddin, a Manager (Middle Management Grade Scale II) in State Bank of India, was repeatedly denied promotion to Grade Scale III despite satisfactory confidential reports. He filed a writ petition seeking a direction for promotion with retrospective effect from 1979, arguing eligibility and lack of adverse remar…

The plaintiffs, permanent Mirasi tenants, mortgaged their half‑share of Paragana Watan lands to the defendants in 1947. After the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950 abolished the watans, the defendants (or their heirs) paid the occupancy price and obtained a grant of the entire land from the Pran…

The case concerned an election petition filed under the Representation of the People Act, 1951, where a Single Judge of the Gujarat High Court declined to order production of election records. The petitioner appealed the interlocutory order to a Division Bench of the same High Court under clause 15 of the Letters Paten…

The case arose from the Bihar Public Works Department's appointment of twelve mechanical sub‑overseers on a temporary basis during a World Bank project in 1964. The appointments were made retrospectively, with effect from the date of publication of their diploma examination results, and were later challenged as violati…

In the 1987 Presidential election, R. Venkataraman was declared elected. Candidate Mithilesh Kumar filed an election petition under the Presidential and Vice‑Presidential Elections Act, 1952, alleging that a whip issued by the Congress (I) party amounted to undue influence and vitiated the election. The petition, howev…

The Maharashtra government issued a scheme under section 68‑D of the Motor Vehicles Act, 1939 granting the State Road Transport Corporation exclusive rights to operate contract carriage services, excluding all others except seven specified categories. A. S. Gokhale, not belonging to any category, applied to the Regiona…

The petitioners challenged the Haryana State Government’s practice of repeatedly appointing teachers on an ad‑hoc basis at the start of each academic year and terminating them before the next summer vacation, thereby denying them regular service benefits. The Supreme Court examined whether such a policy violated the eq…

The appellant, a clerk in the Bihar Excise Department, faced disciplinary charges and was found guilty of six out of seventeen. While the disciplinary inquiry was pending, a civil surgeon certified him as an invalid, and the Excise Commissioner retired him on invalid pension under Rule 116 of the Bihar Pension Rules, e…

The Kerala Forest Produce (Fixation of Selling Price) Act, 1978 fixed minimum prices for forest produce and prohibited sales below those prices. Section 6 of the Act allowed the State Government, in the public interest, to exempt sales to Central or Kerala Government companies and to co‑operative societies (up to 10 cu…

Shri R.L. Gupta, a member of the Delhi Higher Judicial Service, was sent on deputation as Secretary to a Supreme Court‑led Commission of Inquiry in 1985. While on deputation, the Delhi High Court placed seventeen junior officers on probation, effectively superseding Gupta, and later placed Gupta himself on probation in…

The Telecommunication Research Centre (TRC) employs Class I officers recruited directly through the UPSC and officers transferred from the Indian Telecommunication Service. Transferred officers receive a special pay allowance for the arduous nature of their duties, while directly recruited officers are denied this allo…

The petitioners, 80 directly recruited CBI officers (non‑deputationists), challenged the Central Government's policy of paying lower special pay to them compared to officers on deputation from State police cadres. They argued that the differential rates violated Articles 14 and 16 of the Constitution because the office…

In the Assam Legislative Assembly election, Abdul Wazed's nomination was rejected on the ground that he was under 25 years of age and allegedly disqualified under Section 9‑A of the Representation of the People Act, 1951 because he held a lease of ferry tolls under the Northern India Ferries Act, 1878. The High Court h…

Mrs. Dhanalakshmi filed a criminal complaint before a Metropolitan Magistrate alleging that her husband, R. Pra. Anna Kumar, had committed bigamy and other offences by marrying another woman while divorce proceedings were pending. The High Court, invoking its inherent powers under Section 482 of the Code of Criminal Pr…

Shri Narakesari Prakashan Ltd and Nav Samaj Ltd, printers and newspaper publishers, were served a notice to pay Employees' State Insurance (ESI) contributions for their administrative and editorial staff from 28 January 1968. They challenged liability for the period up to 19 November 1976, arguing that such staff were …

The employees of the State Bank of India challenged the management's authority to fix work hours and recess periods in a writ petition before the High Court. A Single Judge of the High Court allowed the petition and, relying on a prior Division Bench order, issued a certificate of fitness under Article 134A for appeal …

Sixteen workmen employed as 'C' Grade Fitters in a Central Government undertaking filed applications under section 33-C(2) of the Industrial Disputes Act, 1947, seeking computation of wages at the rate of 'B' Grade Fitters because they performed the same duties. The Central Government Industrial Tribunal‑cum‑Labour Cou…

The State of West Bengal sought eviction of Saral Kumar Sen Gupta, who had been allotted a government flat under the West Bengal Government Premises (Tenancy Regulation) Act, 1976. Clause (7) of the tenancy agreement required the premises to be used exclusively for the residence of the tenant and his family. After marr…

The Agricultural Produce Market Committee of Bhind, Madhya Pradesh, passed a resolution under section 32(5) of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1973, to abolish the "Kachhi Adhat System"—a commission‑agent based marketing arrangement. Two petitioners, a commission agent and an agriculturist, challenged t…

The Supreme Court heard a civil appeal concerning the Bhopal gas leak disaster, where Union Carbide Corporation (UCC) sought to resolve all claims arising from the tragedy. After reviewing extensive evidence, including data from U.S. courts and settlement negotiations, the Court deemed a comprehensive settlement approp…

The Supreme Court considered a Special Leave Petition filed by Tek Chand against Sat Narayan under the Haryana Urban (Control of Rent & Eviction) Act, 1973. The issue was whether the exemption provided in Sections 1(3) and 13 of the Act continues for a fixed period of ten years and remains effective until the suit is f…

Jagannath Ramchandra Nunekar, an elector from Shivaji Nagar, sought to contest a bye‑election in Jaoli and applied for a certified copy of his entry in the Shivaji Nagar electoral roll. He received a copy on 8 January 1986 showing the latest publication date as 31‑Jan‑1984 and filed his nomination on 9 January, but the…

Vallabhapuram Ravi was convicted of murder and sentenced to life imprisonment. While serving the sentence he was transferred by the Andhra Pradesh Government to a Borstal School under section 10‑A of the Andhra Borstal Schools Act, 1925, to remain there until he turned 23. When he was not released upon attaining that a…

The District Council of Jowai issued a notification fixing a royalty on timber harvested from private forests within its jurisdiction. Forest contractors challenged the levy, arguing it was a tax that the Council was not empowered to impose under the Constitution’s Sixth Schedule. The Supreme Court examined whether the…

The case concerned the devolution of property of Khem Kaur, a Hindu female who died intestate. Kirpa Singh, her son by her second husband, claimed the entire estate, arguing that as the sole "son" he was entitled to the whole share under section 15(1)(a) of the Hindu Succession Act, 1956. Lachman Singh, the son of Khem…

Doburg Lager Breweries Ltd., a private company operating in a backward area of Maharashtra, had borrowed Rs 52.30 lakhs from SICOM and later an additional Rs 15 lakhs from the State Government. Facing winding‑up proceedings, the Maharashtra Government declared the company a "relief undertaking" under section 3 of the B…

Vallabh Glass Works Ltd. and others, manufacturers of various types of glass, challenged the levy of excise duty by the Central Excise Department under Item 23A(1) of the Central Excise & Salt Act, 1944, contending that their products were not "sheet glass" and should be taxed under the residual Item 68. After the Assi…

In 1973 a settlement was reached during conciliation between the management of Security Paper Mill and the SPM Employees Union covering incentive benefits for all workmen and non‑operative staff. The Government later reduced the incentive rates, a decision later held illegal, after which the management entered into a s…

The State Bank of India (SBI) extended a cash‑credit facility to Saksaria Sugar Mills Ltd., secured by an equitable mortgage of the mill’s goods and immovable property. When the mill defaulted, SBI sued the mill and its guarantors for Rs 54,89,822.99. During the suit, the Central Government took over the mill under the…

The Union of India appealed a Central Administrative Tribunal order that had directed all members of the All India Services, even those who retired before 1 January 1973, to receive gratuity under Government Notification No. 33/12/73‑AIS (ii) dated 24 January 1975. The Supreme Court examined whether the notification, r…

The appellant had paid part consideration for a property and was given possession, but the respondent failed to execute the registered sale deed as agreed. The appellant sued for specific performance, but the plaint omitted an averment that he was ready and willing to perform his part, which is required under Section 1…

Sudama Singh and Nath Saran Singh were both appointed as Assistant Teachers in 1967 and later promoted on an ad‑hoc basis to Lecturers. The Uttar Pradesh Education Laws Amendment Act, 1977 introduced section 16GG, which regularised such ad‑hoc teachers by deeming them substantively appointed with effect from the date t…

The Maharashtra State Electricity Board (MSEB) invited tenders for supply of goods, allowing exemption from earnest money upon furnishing a Rs 50,000 bank guarantee. Cochin Malleables (in liquidation) gave such a guarantee through Canara Bank. When the Board demanded payment of Rs 50,000, the company was ordered wound …

The Calcutta Port Sharmik Union, representing about 15,000 bargemen (Dandees and Majhis) at Calcutta Port, claimed that they were "dock workers" under the Dock Workers (Regulation of Employment) Act, 1948 and therefore entitled to the wages and allowances recommended by the Central Wage Board. The Wage Board had exclud…

Raghbir Singh was convicted in a Sessions case on 1 February 1980 for offences under Sections 307 and 459 of the IPC and sentenced to rigorous imprisonment. While serving this sentence, he remained in judicial custody from 11 January 1980 for a separate case that later resulted in a conviction on 16 February 1981 by a …

The appellants Ramji Surjya Padvi and Bhikji Surjya Padvi were charged under sections 302 and 34 of the IPC for the murder of Prabhat Singh. The trial court acquitted them, finding the sole eye‑witness, the victim's wife (PW‑2), unreliable due to contradictions, lack of corroboration, a 24‑hour delay in filing the FIR,…

The Supreme Court examined the constitutionality of sub‑sections (3) and (4) of section 44 of the Maharashtra Housing and Development Act, 1976, which prescribe a specific method of calculating compensation for land acquired in municipal areas. The petitioners (the State of Maharashtra and the Housing Authority) appeal…

The Gujarat government issued a notification under the Land Acquisition Act, 1894 to acquire lands for municipal employee housing. After the Urban Land (Ceiling and Regulation) Act, 1976 (ULCRA) came into force, the landowners filed statements under ULCRA claiming the lands were in excess of the ceiling limit and sough…

The petitioners, Sarguja Transport Service, obtained a transport permit which was later set aside by the State Transport Appellate Tribunal. They filed a writ petition (M.P. No. 2945/85) under Articles 226/227 of the Constitution, which the High Court allowed them to withdraw and dismissed as withdrawn. Subsequently th…

The State of Uttar Pradesh and the Meerut Development Authority sought to acquire about 412 acres of arable land on the outskirts of Meerut for a housing scheme, invoking section 17(1) and (4) of the Land Acquisition Act, 1894 to dispense with the inquiry under section 5‑A. A notification was issued on 29 April 1980, b…

The appellants owned property that had been requisitioned by the Government under the Requisitioning and Acquisition of Immovable Property Act, 1952, and a compensation award of Rs.21,000 per month was fixed by an arbitrator, which the appellants contested. They appealed to the Madras High Court under section 11 of the…

The petitioner, a former temporary Central Government employee who was later absorbed into the autonomous Indian Council of Agricultural Research (ICAR), retired in 1980 and was denied credit for his earlier government service when computing his pension. The Central Government issued an order on 29 August 1984 allowing…

Indu Bhusan De and others challenged the Calcutta City Civil Court Act, 1953, which empowered the West Bengal State Government to create a City Civil Court with a pecuniary jurisdiction up to Rs. 1 lakh, arguing that only Parliament could legislate on the jurisdiction of the High Court. The Calcutta High Court dismisse…

The respondent, Calico Mills, manufactured a fabric called "Calikut Special" which at an intermediate stage contained 54% cotton and 46% artificial silk, but after further processing the final product contained 38.48% cotton and 61.52% artificial silk. The Central Excise Department, relying on the intermediate composit…

The deceased wife was alleged to have been repeatedly harassed by her husband Virbhan Singh and his parents for being childless, leading them to murder her. The prosecution proved that she was assaulted, suffered multiple ante‑mortem injuries, and was subsequently hung to simulate suicide. Medical and post‑mortem evide…

A. Sreenivasa Pai executed a settlement deed in 1932 transferring two plots in Quilon to his mother‑in‑law Padmavathi Ammal. The deed stipulated that Padmavathi could enjoy the properties during her lifetime and thereafter V. Sreenivasa Pai and his descendants could hold them. After Padmavathi's death, her daughter‑in‑…

The Delhi Veterinary Association filed a writ petition under Article 32 alleging that Veterinary Assistant Surgeons employed by the Delhi Administration were paid lower salaries than their counterparts in Chandigarh, the Indo‑Tibetan Border Police and the Border Security Force, thereby violating the constitutional prin…

The General Secretary of an employees' association filed a complaint against a security officer and the institute's Director, alleging offences under the IPC. The Chief Judicial Magistrate, after a Section 202 inquiry, found no prima facie case against the Director and declined to issue process, while proceeding agains…

The appellants, cashew processors in Kerala, claimed that a 12 Oct 1973 government notification granting a retrospective sales‑tax exemption for purchases of imported raw cashew nuts (Sept 1970‑Sept 1973) could not be withdrawn and that the State was estopped from levying tax because ministers had assured them in 1971 …

The tenant advanced Rs 2,000 to the landlord under an agreement that the amount would be adjusted against future rent, to secure a lease. The landlord sued for eviction on the ground of rent arrears. The lower appellate court held the tenant was not in arrears because the loan covered the rent, but the High Court rever…

The Supreme Court considered appeals by temporary lecturers who challenged the Rajasthan Universities Teachers (Absorption of Temporary Lecturers) Act, 1979. The Act allowed absorption of temporary lecturers appointed on or before 25 June 1975, provided they were still in service on 12 June 1978. The petitioners argued…

The Collector of Kanpur appointed a receiver over Swadeshi Cotton Mills Ltd. and ordered the seizure, attachment and pledge of its 10 lakh shares in Swadeshi Polytex Ltd. The Cotton Mills Company, together with four other shareholders, requisitioned an extraordinary general meeting of Polytex under s.169 of the Compani…

The Supreme Court entertained a public interest litigation filed by M.C. Mehta seeking relief from the severe pollution of the River Ganga at Kanpur, where 274.5 million litres of untreated sewage were being discharged daily. The petition raised the question of whether a non‑riparian citizen could sue for a public nuis…

The respondent, V.P. Sayed Mohammed, was seized with 28 gold bars at Trichur railway station and charged under s.135(b) of the Customs Act, 1962 read with s.85(ii) of the Gold (Control) Act, 1968. Evidence included the inspector’s seizure report, a ticket collector’s testimony, a goldsmith’s certification that the bars…

The appellants were charged under IPC s.341 (wrongful restraint) and Banking Regulation Act s.36AD for allegedly obstructing bank officers at a Grindlays Bank branch. The Metropolitan Magistrate acquitted them in 1978. Grindlays Bank appealed; after a six‑year delay, the Calcutta High Court set aside the acquittal and …

The petitioner, a stage‑carriage permit holder, objected to a scheme published under section 68‑C of the Motor Vehicles Act, 1939 that would grant the State Transport Undertaking exclusive rights on certain routes. Before the hearing authority under section 68‑D could approve the scheme, he filed a civil suit seeking a…

Ashok Deshmukh, a permanent officer of the Social Welfare Department, was deputed as an officiating Block Development Officer in the Panchayat and Rural Development Department in March 1983. He was repatriated to his parent department in June 1984 by an order of the Secretary, which he challenged through a civil suit a…

M.L. Agarwal challenged the 1981 Lok Sabha election of Rajiv Gandhi alleging various corrupt practices. The High Court struck out the petition as vague, frivolous and lacking a cause of action under Order VI Rule 16 and rejected it under Order VII Rule 11. Agarwal appealed, contending that the court had no jurisdiction…

The brothers of a 14‑year‑old boy who was killed in a bus accident filed an application under Section 110‑A of the Motor Vehicles Act, 1939, seeking compensation as legal representatives of the deceased. The Motor Accidents Claims Tribunal awarded Rs 32,000 and the Gujarat High Court dismissed the transport corporation…

The appellant, a senior government officer, was prematurely retired under Rule 3 of the Punjab Civil Services (Premature Retirement) Rules, 1975. He challenged the order, arguing that the State had relied on remote adverse entries in his confidential reports and had ignored his representations against those entries, vi…

Bhikoba Shankar Dhumal, a tenant, filed a return under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, disclosing land holdings that exceeded the statutory ceiling. The Special Deputy Collector declared a portion of his land as surplus, but Bhikoba died before a Section 21 notification and possessio…

Bhaskar Textile Mills Ltd., a company situated in the village of Ektali, challenged the Jharsuguda Municipality’s inclusion of the village within its limits and the subsequent levy of octroi duty on cotton. The municipality had extended its jurisdiction through notifications dated 31 July 1973 and 12 August 1975 under …

The Election Commission of India appealed against two interim orders issued by the Bombay High Court that postponed the withdrawal deadline and stayed the poll for a Legislative Council election in Maharashtra. The respondents had filed a writ petition under Article 226 challenging the validity of the Election Commissi…

The Gujarat University held elections for 28 of the 42 seats on its Court while the remaining 14 seats were stayed by the High Court. The teachers who were elected to the 28 seats filed a writ petition under Article 226 seeking to set aside their election and to have fresh elections for all 42 seats. The High Court ent…

The appellant, a headmaster of a private school, was reverted to assistant teacher by the school management after a disciplinary enquiry. He appealed to the Deputy Director of Education, who set aside the management’s order on grounds of violation of natural justice and remanded the case for a fresh enquiry. The manage…

Har Sharan Verma filed a writ petition under Article 32 challenging the appointment of K.P. Tewari as a Minister of Uttar Pradesh, contending that the Constitution, as amended by the Sixteenth Amendment (Article 173(a)), required a minister to be a member of the State Legislature. The petitioner argued that the amendme…

The landlord filed an eviction suit under the Kerala Buildings (Lease & Rent Control) Act, 1965 claiming bona‑fide personal need. The Rent Control Court dismissed the petition, the Subordinate Judge (appellate authority) confirmed the dismissal, and a revision before the District Judge was also rejected. The landlord t…

The appellant, a firm, leased a room and paid two months' rent in advance with the understanding that the amount could be set off against future rent. When it failed to pay rent for September and October 1972, the landlord sought eviction under section 11(1)(d) of the Bihar Building (Lease, Rent and Eviction) Control A…

The petitioner filed an application under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance from her husband, and subsequently applied for an interim maintenance order pending the final disposal of the main application. The Metropolitan Magistrate refused the interim order, stating that the Code …

The case concerned 85 workers who had resigned from the Cochin Port Thozhilali Union and sought a refund of amounts that the union, through its president‑treasurer G.S. Dhara Singh, had collected from the employer on their behalf for gratuity and accident benefit funds. The workers filed civil suits demanding an accoun…

The Bharat Barrel Company gave a closure notice effective 1 November 1971, but terminated the services of its workmen on 30 October 1971 under a standing order amid violent unrest. The first Industrial Tribunal (IT No. 325 of 1971) held that the workers were validly discharged before the closure and therefore were not …

Jugal Kishore was injured in a collision between his three‑wheeler and a bus owned by Delhi Janata Co‑operative Transport Society and insured by National Insurance Co. The Motor Accident Claims Tribunal awarded Rs 10,000, which the Delhi High Court enhanced to Rs 1,00,000. The insurer appealed, contending that under Se…

The decree‑holder obtained a decree for eviction of the judgment‑debtor’s shop in 1960. During execution proceedings a compromise was entered in 1968 whereby the debtor, having already vacated half the shop, was given time until 31‑Dec‑1972 to vacate the remaining half and to pay Rs 110 per month as damages; failure to…

The Board of Trustees of the Port of Bombay (the Port Trust) sought recovery of demurrage charges from Jai Hind Oil Mills Company, which had imported propylene consignments that were detained by Customs pending duty disputes. The Bombay High Court, in writ proceedings where the Port Trust was not a party, directed Cust…

The decree‑holder, who had purchased a mortgaged property at a court auction, filed an application under Order XXI Rule 95 CPC for delivery of possession more than a year after the sale was confirmed. The judgment‑debtors opposed, arguing that the application was barred by the one‑year limitation in Article 134 of the …

Fakirbhai Fulabhai Solanki, a protected workman, was found guilty of misconduct and suspended without pay pending the employer's application under Section 33(3) of the Industrial Disputes Act, 1947 for permission to dismiss him. No subsistence allowance was paid during the six‑year pendency of the application, and the …

The appellant, a workman dismissed by his employer, obtained a favourable award from the Labour Court. Before publishing the award, the Uttar Pradesh Government exercised its power under sub‑section (4) of section 6 of the U.P. Industrial Disputes Act, 1947 to remit the award for reconsideration, without giving notice …

The plaintiff tenant Kishan Chand claimed a customary right of pre-emption over a portion of a building that had been sold to the respondent. He filed a suit for pre-emption, but died during the proceedings. His legal representatives applied under Order 22 Rule 3 of the CPC to be substituted as parties. The respondent …

The plaintiff, Prithwi Chand Lall Choudhary, claimed Rs. 2,00,000 in damages alleging that the State of Bihar, through its manager J.P. Mukherjee, wrongfully took over his estate under the Bihar State Management of Estates and Tenures Act, 1949, and acted with negligence and bad faith. The trial court, treating the Act…

The petitioners challenged a Gujarat Government notification that amended Rule 21 of the Gujarat Minor Minerals Rules, raising the royalty on Black Trap and Hard Murrum from Rs 4 to Rs 7 per metric tonne. They argued that the royalty, being a tax, must be used only for mineral development under Entry 50 of the Constitu…

Ess Dee Carpet Enterprises, a partnership engaged in manufacturing and selling carpets in Rajasthan, challenged the applicability of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, on the ground that carpets were not "textiles" under Schedule I of the Act. The Regional Provident Fund Commissioner…

The Delhi Municipal Corporation employed certain vaccinators/immunisers on a daily‑wage basis for more than eight years while regular employees performing the same duties received higher salaries. The daily‑rated workers sought regularisation and payment at the minimum rate of the regular pay‑scale, invoking Articles 1…

The plaintiff, a retired Indian Army officer, acquired a portion of a property by gift after his retirement and sought to evict a tenant under section 13A(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, producing a certificate from the Army. The trial court granted the eviction, but the High Co…

S.C. Tewari, a Section Officer of the Uttar Pradesh Public Service Commission (UPPSC), was suspended, found guilty in a departmental enquiry and dismissed. He appealed to the State Government under Regulation 20 of the UPPSC (Conditions of Service) Regulations, 1937. The State Government set aside the dismissal, direct…

M.A. Chowdhary, a staff artist of All India Radio, was employed under a contract that allowed termination on six months' notice. A government order later stipulated that staff artists could serve up to the age of 55, and a clause was added to his agreement reflecting this. In October 1970, he received a notice of termi…

The State of Punjab filed criminal proceedings under Section 7(i) of the Prevention of Food Adulteration Act, 1954 against a vendor, a dealer and a manufacturer of vanaspati after a food inspector took a 1.5 kg sample by opening one sealed tin of 16.5 kg and found the product adulterated. The Punjab & Haryana High Cour…

The landlord (respondent) leased a shop in Baroda to Bai Maniben Dhirajlal Shah for a monthly rent of Rs. 22. After her death, Maniben bequeathed her tenancy right under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 to Bhavarlal Labhchand Shah (petitioner) by a will, which was probated. The landlord…

Ganpat Giri appealed against a decree-holder who, after a court‑ordered sale of Giri's property, purchased the property without the express permission of the executing court required under Order 21 Rule 72 of the Code of Civil Procedure. The executing court set aside the sale under Rule 72(3) and the District Judge aff…

The Supreme Court examined whether a nominee under Section 39 of the Insurance Act, 1938 acquires a beneficial interest in the proceeds of a life‑insurance policy when the assured dies intestate. The deceased, governed by the Hindu Succession Act, 1956, had nominated his wife as the sole nominee. The wife claimed exclu…

The appellant, a government servant, was dismissed by the Collector on 13 January 1966 and his appeal to the Divisional Commissioner was dismissed on 31 August 1966. He filed a suit on 30 September 1969 seeking a declaration that the dismissal was inoperative, but the trial court and the High Court dismissed the suit o…

Amar Singh died leaving two widows, each allotted one‑third of his agricultural land as maintenance. The petitioner, Amar Singh's adopted son, obtained one‑third from Har Kaur and sued Jagir Kaur, the other widow, for a declaration that she had no interest in the land. A 1945 compromise decree allowed Jagir Kaur to ret…

The respondents' predecessor obtained a permanent lease of a tank fishery without sub‑soil in 1914 and later, in 1952, granted an 11‑year lease of the same fishery to the appellant. Under the West Bengal Estates Acquisition Act, 1953, the interest of intermediaries was to vest in the State from 15 April 1955. The respo…

A car owned by a firm was sent to Guru Govekar's workshop for electrical repairs. While the mechanic Momad Donttach was working on the vehicle, it moved and struck Miss Filomena F. Lobo, causing injuries. Lobo filed a claim under section 111-A of the Motor Vehicles Act, 1939, seeking compensation. The Motor Accidents C…

The Krishi Utpadan Mandi Samiti sought to acquire Plot No. 289 for a market yard and the State issued several notifications under the Land Acquisition Act, 1894. Earlier notifications were partially quashed by the High Court, but the State later issued fresh notifications in May 1982 invoking Section 17(4) to dispense …