E S VENKATARAMIAH

Shakuntala, a monthly tenant of a premises for an ice‑cream business, was alleged by the landlord to have made permanent alterations, caused waste and changed the use of the property, violating sections 12 and 13 of the Bombay Rents, Hotels & Lodging House Rates Control Act, 1947. The landlord gave a notice to quit in …

The appellant, A. Viswanathan, challenged the State Transport Appellate Tribunal’s order that set aside his temporary stage‑carriage permit on the Pondicherry‑Madras route and granted it to another party. The Court examined whether a Regional Transport Authority could repeatedly issue temporary permits under section 62…

The Supreme Court examined whether Karnataka's Rule 41-A, limiting cinema owners to four daily shows, was within the rule‑making power granted by Section 19 of the Karnataka Cinemas (Regulations) Act, 1964, and whether it violated the right to carry on business under Article 19(1)(g) of the Constitution. The Court held…

The petitioners, owners of multiple cycle rickshaws, challenged Bye-law No.3(1) of the Cycle‑Rickshaw Bye‑laws, 1960, which limited the issuance of licences to a single licence per person and only to those who themselves operated the rickshaw. They argued that the bye‑law exceeded the powers granted under Section 481(1…

The Karnataka Public Service Commission advertised for Motor Vehicle Inspectors in 1983, requiring a diploma in Automobile or Mechanical Engineering, and began the selection process in 1984. Due to High Court interim orders, the final select list was only prepared on 2 June 1987 and published on 23 July 1987. While the…

The State of Andhra Pradesh sought to fill 51 Assistant Engineer vacancies that had arisen in 1978‑79 by direct recruitment under the Andhra Pradesh Panchayat Raj Engineering Service (Special) Rules, 1963. An amendment to the Rules on 28 April 1980 changed the recruitment formula to 37½% of substantive vacancies "arisi…

The appellant, an Additional District and Sessions Judge, was ordered to retire prematurely by the Governor of Uttar Pradesh based on the opinion of an Administrative Judge, without a prior recommendation from the High Court or its Administrative Committee as required by Article 235 of the Constitution. The appellant c…

Brij Behari Sahai, a leaseholder of about 42 acres of agricultural land in Allahabad, had his land temporarily occupied by the State for the Kumbh Mela in 1954. The Land Acquisition Officer awarded compensation under Section 35 of the Land Acquisition Act, 1894, and the High Court enhanced the award but refused to gran…

The petitioners, officers of the Central Bank of India appointed after the 1969 nationalisation, challenged their forced retirement at age 58 under Rule 3 of the Bank's Rules for Age of Retirement, arguing that having two different retirement ages (60 for pre‑July 19, 1969 officers and 58 for post‑July 19, 1969 officer…

The case concerned the constitutional validity of Regulation 19(2) of the Life Insurance Corporation of India (Staff) Regulations, 1960, as amended in 1977, which required employees appointed on or after 1 September 1956 and belonging to Class I or II to retire at age 58, with a provision for retirement at 50 in the co…

The petition was filed by the U.P. Income‑Tax Department Contingent Paid Staff Welfare Association on behalf of its members, who had been working for many years as Class IV employees in the Income‑Tax Department but were paid daily‑rated wages lower than those of regular Class IV staff. The petition sought a writ of ma…

The case concerned the seniority of Munsifs appointed to the Uttar Pradesh Nyayik Seva after competitive examinations held in 1970, 1972 and 1973. The Public Service Commission had fixed minimum marks of 35% in the viva voce test for the 1970 exam; candidates who failed this were placed on a "third list" (the "unplaced…

The plaintiff, having purchased a plot of land, leased it to the defendant for Rs.1325 per annum under a registered rent note that required payment of rent even if the premises were not used. The lease stipulated that the tenant would not sub‑let and would remove any constructions on expiry. The defendant ceased using …

The appellant, a Superintending Engineer in the Haryana P.W.D., was retired prematurely at age 50 under the Governor’s order invoking rule 3.26(d) of the Punjab Civil Service Rules. He challenged the order, arguing that the special provision in rule 3.26(c) shields Superintending Engineers from such compulsory retireme…

The petitioner, a practising advocate, filed a writ petition alleging that he was handcuffed while being taken to court and that the Union Government had failed to issue guidelines on handcuffing as required by the Prem Kumar Shukla judgment. The petition also sought a mandamus directing the Central Government to bring…

Cemindia Co. Ltd., an engineering contractor engaged in the building and construction industry, operated a workshop solely for repairing its own equipment. Under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, and Notification No. GSR 1398, the Regional Provident Fund Commissioner directed the co…

The appellant, a landlady, sued the respondent tenant for possession of a flat, arrears of rent and mesne profits of Rs.78,000 after the tenancy was terminated. The High Court, relying on the West Bengal Premises Tenancy Act, held that the tenant remained a lawful occupant and that the claim for mesne profits was unten…

The Bhopal gas leak of December 2, 1984 killed about 2,660 people and injured tens of thousands. The Union of India and Union Carbide Corporation appealed against an interim compensation order of Rs.250 crores. The Supreme Court, considering the urgent need for relief, the range of offers (US$426‑500 million) and the g…

Konkan Trading Co. filed a suit which was withdrawn by the trial court on the condition that it pay Rs.100 costs and was given liberty to file a fresh suit under Order XXIII Rule 1(3) of the CPC. The fresh suit was filed before the costs were paid; the plaintiff later deposited the costs after obtaining the trial court…

The appellants challenged the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1969, which retrospectively brought certain part‑inam villages in the former Pudukkottai territory within the scope of the 1963 Inam Estates Act, thereby nullifying rights accrued under the Minor Inams Act and …

Delhi Cloth Mills, a manufacturer of vegetable oil products, sold its "Panghat" and "Roshni" brands at wholesale prices lower than the maximum prices fixed by a government notification under the Essential Commodities Act due to market depression. The company submitted these actual prices to the Superintendent of Centra…

The Supreme Court examined a petition by Kiran Bedi and Jinder Singh challenging orders of a Committee of Inquiry that compelled them to appear for cross‑examination at the outset of the inquiry and led to complaints against them under Section 178 of the IPC. The Committee had treated them differently from three other …

The State of Andhra Pradesh appealed against High Court decisions that set aside sales‑tax assessments made on returns filed after the prescribed filing date. The assessments were passed more than four years but within six years from the end of the assessment year. The Court examined the Andhra Pradesh General Sales Ta…

The petitioners challenged a notification dated 27 January 1984 issued by the Lt. Governor of Delhi for acquiring about 3,550 hectares of land for the planned development of Delhi. The question before the Supreme Court was whether the Lt. Governor, as the "appropriate Government" under section 4(1) of the Land Acquisit…

The Krishna District Co‑operative Marketing Society (the petitioner) retrenched nine clerks, invoking the Andhra Pradesh Shops and Establishments Act, 1966. The employees (respondents) challenged the terminations, arguing that the retrenchment provisions of the Industrial Disputes Act, 1947 (particularly s.25F) applied…

The appellant, a dealer, was assessed for the 1975-76 year on 7 February 1979. A notice under Section 21 of the Uttar Pradesh Sales Tax Act, 1948, was issued and an order dated 18 January 1980 declared no further tax liability, effectively reopening the assessment. The appellant filed a rectification application under …

The landlord, Smt. Ram Chambeli, obtained permission under Section 21 of the Delhi Rent Control Act to lease her premises for three years by making false statements about her need for the property and the condition of her family. After the lease term, she sought possession, but the tenants contested, alleging that the …

A.K. Choudhary, a Deputy Superintendent of Police in Bihar, sought promotion to the Indian Police Service (IPS) cadre. The Selection Committee excluded him in 1976, relying on adverse entries in his confidential roll for 1973-74 and 1974-75, which were communicated to him only after the decision and later expunged by t…

The petitioners, a company and its secretary, challenged a tax demand order issued by the Deputy Assessor of the Municipal Corporation of Delhi, seeking a writ of certiorari under Article 32 of the Constitution. They asked the Supreme Court to quash the composite tax demand of Rs.14,07,328. The Court examined whether s…

Kishan Singh's agricultural land was allotted under the Uttar Pradesh Consolidation of Holdings Act and the allotment became final under section 23. After Kishan's death, Malkhan Singh claimed to be his adopted son to inherit the land, while other claimants denied the adoption. The consolidation authorities, in mutatio…

The Supreme Court examined an election petition challenging the election of B.M. Singhvi from the Jodhpur City Assembly constituency. The petition alleged that three candidates – Umrao Ben, Hukmi Chand and Suraj Prakash Joshi – were improperly rejected, contending that Ben’s nomination should have been accepted despite…

Labh Singh owned 32‑8 standard acres of agricultural land, of which 7‑4 acres were mortgaged with possession before the Pepsu Tenancy and Agricultural Lands Act, 1955 came into force. The mortgagee was deemed the landowner, so Singh’s holding was treated as less than the permissible limit of 30 acres. After redeeming t…

The case concerned recruitment to the Delhi Judicial Service under the Delhi Judicial Service Rules, 1970. The High Court, after the written examination, added two marks to each candidate’s paper as a "moderation" and prepared a second list of candidates who then qualified for the viva‑voce, despite not meeting the sta…

The incident involved Pussu (alias Ram Kishore) and his associate Sheo Rakhan firing on Bankey Lal and his companions, resulting in Bankey Lal's death and injuries to witnesses. The trial court convicted Pussu under Section 302 IPC (murder) and related offences, sentencing him to death, later commuted to life imprisonm…

Sheikh Zakir was convicted under Section 376 of the IPC for raping Barki Devi, a married tribal woman. The prosecution's case rested on the victim's testimony, corroborated by her husband and two eyewitnesses who saw the appellant on the victim's body and fleeing the scene. The defence argued that the lack of a medical…

The Municipal Board of Pilibhit charged the managing director and officials of L.H. Sugar Factory with failing to pay octroi on 804 maunds of sugarcane brought by rail into the factory on 30 November 1967, alleging a violation of the 1960 octroi bye‑laws. The appellants contended that a 1936 Government order under sect…

All India Reporter Ltd publishes several law reports and argued that these publications are not "newspapers" within the meaning of the Working Journalists and other Newspaper Employees (Conditions of Service) Act, 1955, and therefore its employees were not entitled to the wage benefits ordered by the Palekar Tribunal. …

Sawai Singh, a Superintendent in the Rajasthan Government, was removed from service after a departmental inquiry found him guilty of favouring a candidate, manipulating a dummy candidate's withdrawal, and forging a nomination paper by erasing the word "panch". The inquiry relied on vague charges and the testimony of a …

M. Duraiswamy, holder of an inter‑regional stage‑carriage permit issued by the Periyar Regional Transport Authority (RTA), applied to that RTA for a variation that included converting the service to a mofussil one and extending the route into Salem District, which lay wholly in the jurisdiction of the Salem RTA. The Pe…

The petitioner, owner of a stage‑carriage bus, claimed that the insurer should indemnify him up to Rs 75,000 under Section 95(2)(b)(ii)(2) of the Motor Vehicles Act, 1939, arguing that the per‑passenger limit in sub‑clause (ii)(4) was inapplicable. The Supreme Court examined the pre‑1982 wording of Section 95(2)(b), wh…

R. Narasimhan, a Class III railway servant governed by the pension rules, was compulsorily retired in 1982 under para 620 of the Railway Pension Manual, which allows retirement after 30 years of qualifying service. He challenged the order, arguing that the manual provision was void and that only Rule 2046 of the Indian…

The Government of Andhra Pradesh authorised the sale of lands belonging to Sri Bugga Math, Tirupati to certain respondents by private negotiation at Rs.62,500 per acre under the proviso to clause (c) of s.74(1) of the Andhra Pradesh Charitable & Hindu Religious Endowments Act, 1966. The appellants challenged this order…

The Supreme Court examined an appeal by Babu Ram and others against the Allahabad High Court, which had set aside a Sessions Court acquittal and convicted the accused of murder under sections 302 and 34 IPC. The Sessions Court had found the prosecution's evidence weak, the witnesses unreliable, and the motive unproven,…