G P MATHUR

The Rajasthan Housing Board conducted an auction of commercial plots in 2002, where G.S. Investments was the highest bidder. After a news report alleged that the auction was bungled and prices were far below market rates, the State Government, exercising powers under Section 60 of the Rajasthan Housing Board Act, 1970,…

The respondent, a temporary Physical Education teacher in a Kendriya Vidyalaya, was accused of corporal punishment after a parent complained. The school conducted a fact‑finding enquiry, recorded statements of students and the teacher’s limited participation, and the enquiry officer recommended disciplinary action. Ins…

Shaik China Brahmam (A‑2) and Shaik Khasim Saida (A‑1) jointly attacked Shaik Masthan Vali, the former striking with an iron rod and the latter stabbing with a knife. The deceased died from multiple injuries, including fatal cuts to the neck and occipital region caused by the knife. The Sessions Court acquitted both ac…

The case involved seventeen police officials charged under Sections 302, 34 and 201, 34 IPC for the alleged custodial death of a suspect, Dilip, during interrogation. The prosecution relied on eye‑witnesses, many of whom had criminal records, and on fingerprint/thumb‑impression evidence to identify the dead body, but s…

The Supreme Court examined appeals by landowners challenging the compensation awarded for agricultural lands acquired in Hisar, Satrod Khurd and Satrod Khas, Haryana, for residential development. The Land Acquisition Collector’s award was enhanced by the Reference Court to Rs 235 per square yard for Hisar lands and Rs …

Indradeo Paswan, a Deputy Director (Mines) in the undivided State of Bihar, was promoted to Additional Director (Mines) and filed a writ petition for final promotion. While the petition was pending, Bihar was bifurcated under the Bihar Reorganisation Act, 2000, creating the State of Jharkhand. Although Paswan exercised…

The petitioners, a union of daily‑rated gardeners employed by Hindustan Aeronautics Ltd., a government company, sought regularisation, continuance of service and equal pay, alleging that they had worked more than 240 days a year for several years and that artificial breaks were created to deny them permanence. The Alla…

The complainant Hamida filed an FIR alleging that her husband Balla was attacked, resulting in serious injuries and later death. The accused were initially granted bail by the Chief Judicial Magistrate for offences under Sections 324, 352 and 506 IPC, which are bailable. After Balla's death, the offence was upgraded to…

Dharappa, a daily‑wage labourer, claimed that his termination from the Rural Dairy Centre in 1980 was illegal and sought reinstatement and back wages before the Labour Court under Section 10(4A) of the Industrial Disputes Act (ID Act). The Labour Court awarded reinstatement with 50% back wages, but the employer challen…

The appellant, Santosh Kumar, was convicted under Section 376(2)(g) IPC for raping the prosecutrix, Halki Bai, inside a bus. The prosecution relied on the victim’s testimony, corroborating statements of two constables who entered the bus after hearing shrieks, and a hostile witness who partially supported the prosecuti…

The predecessor of M/s. Royal Parasdise Hotel (P) Ltd. constructed a building within 50 metres of a highway in a controlled area, violating the Punjab Scheduled Road and Controlled Areas (Restriction of Unregulated Development) Act, 1963. Notices under Section 12 of the Act directed the builder to stop work and later o…

The defendant appealed a decree for specific performance of a sale agreement, which had been upheld by the trial court and a first appeal under Section 96 CPC. The defendant filed a second appeal under Section 100 CPC, which the High Court dismissed summarily on the ground that no substantial question of law was involv…

The Supreme Court examined a scheme proposed under Section 391 of the Companies Act, 1956 for Shreeniwas Cotton Mills Ltd., a company already under liquidation since 1984. The scheme, as modified, involved the sale of the mill’s land to Lodha Builders Private Ltd. (LBPL) and did not constitute a genuine revival of the …

S.S. Ahluwalia, a CRPF officer, applied for voluntary retirement effective 1 July 1993; the request was initially rejected but later accepted on 23 February 1994 and he was relieved on 2 March 1994. While his retirement was pending, disciplinary proceedings were continued and resulted in a penalty of 10% deduction from…

The landlord filed an eviction suit against the tenant, which was dismissed, but the High Court later allowed an appeal and decreed eviction. The tenant appealed to the Supreme Court, which dismissed the SLP and granted six months to vacate the premises, subject to filing an undertaking within two weeks. The tenant nei…

A partnership dispute arose between the parties, and the first respondent filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator. The Chief Justice of the Allahabad High Court appointed a retired judge as arbitrator on 9 December 2005 without providing a…

Navjot Singh Sidhu, a sitting Member of Parliament, was convicted by the Punjab High Court under Section 304 Part II IPC and sentenced to three years' rigorous imprisonment. He resigned from the Lok Sabha and sought a fresh mandate, filing an application to suspend the order of conviction, arguing that under Section 8(…

Suresh Pal, appointed as a conductor with the U.P. State Road Transport Corporation in July 1988, was found on 28 July 1989 to have allowed twenty passengers to travel without tickets, constituting misappropriation of fare. A domestic enquiry led to his dismissal effective 5 January 1990, which was upheld by the Indust…

The respondents, originally appointed as Junior Basic Training (JBT) teachers in the Haryana Education Department, acquired B.A. and B.Ed. qualifications during service and were subsequently granted the grade of Social Study Master along with an increment under Rule 4.4 of the Punjab Civil Services Rules, 1969. The Sta…

On 11 April 1998, accused A1 stabbed the deceased Parshant to death while witnesses PW2 and PW3 attempted to intervene. Accused A2 stood by, threatened the witnesses and inflicted a knife injury on PW3, thereby preventing them from assisting the victim. The trial court convicted A1 and A2 under Sections 302, 504 and 56…

R.C. Misra, a Block Development Officer, was suspended on 20‑Oct‑1997 and served a charge‑sheet on 24‑Oct‑1997. He retired on 31‑Oct‑1997. An enquiry completed after his retirement found him guilty and the State ordered recovery of Rs 9,69,141.60 from his pension. The Uttar Pradesh Service Tribunal set aside the order,…

The case concerned an eviction petition filed by the landlord, a retired government servant, seeking possession of a flat for his and his family's bonafide personal need. During the pendency, the landlord and his wife fell ill and the Act was amended by inserting Section 23A(3), which allows retired government employee…

Sanghamitra Ghosh filed a transfer petition seeking to move a matrimonial suit for restitution of conjugal rights to Bangalore, alleging physical and mental torture by her husband Kajal Kumar Ghosh and his parents, and claiming she was driven out of the marital home with their minor child. Both parties later entered in…

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

The case involves a long-standing feud between two families in Chittoor district, culminating in the stabbing of Purushotham Reddy by appellant Nagaraja Reddy with a Barisa (dagger). The trial court acquitted the accused, extending the benefit of doubt and rejecting the testimony of two eyewitnesses (PW‑1 and PW‑2) on …

The Union of India entered into a construction contract with Shring Construction Company. After the contract was completed, a dispute arose and the High Court appointed an arbitrator who awarded a sum to Shring. The Union challenged the award by filing a writ petition in the High Court, which was dismissed, and subsequ…

The Tax Recovery Officer (TRO) filed intervention applications in a Special Court seeking priority payment of income‑tax dues from Mis. Killick Nixon Pvt. Ltd. after its assets were auctioned in execution of a decree in favour of Mis. Dhanraj Mills Pvt. Ltd., the notified party. The Special Court rejected the applicati…

Usha Devi filed a suit for a permanent injunction over a parcel of land described in the plaint. The defendants objected to the description, and during a related miscellaneous proceeding the plaintiff’s husband affirmed the description. Two years later the plaintiff sought to amend the plaint to correct the description…

Guru Jambheshwar University terminated the services of Dharam Pal, an unskilled workman paid on a monthly basis, after closing its farming operations. The workman claimed that the retrenchment compensation paid under Section 25F(b) of the Industrial Disputes Act, 1947 was insufficient because the Labour Court had calcu…

George Philip, a Scientific Officer at BARC, was granted a two‑year extraordinary leave for research training on the condition that he would not enroll for a Ph.D. or seek an extension. He violated this undertaking by registering for a Ph.D. and overstayed his leave by more than two years, despite eight notices to repo…

The District Red Cross Society closed its Maternity Hospital due to financial constraints, terminating the services of staff nurses including Babita Arora, while other units such as a Drug De‑Addiction Centre, Family Planning Centre and Viklang Kendra continued to operate. The employees claimed protection under Section…

The appellant Union Territory of Dadra & Nagar Haveli sought to summon the Collector as a material witness under Section 311 of the Cr.P.C. after the defence had pleaded alibi and presented evidence. The High Court set aside the Sessions Judge’s order, holding that the summons would fill a lacuna in the prosecution cas…

The appellant Krishnan was charged with murdering his elder brother after a quarrel over thorn sticks used to block a common yard drain. He claimed he acted in self‑defence after being attacked and bitten by the deceased and his son. The trial court rejected the plea and convicted him under Section 302 IPC, while the H…

Suja Uday Patil (wife) appealed against the decree of divorce granted to her husband, Uday Madhukar Patil, on the grounds of cruelty and desertion under the Hindu Marriage Act. The trial court had initially ordered judicial separation, but the District Judge later dissolved the marriage and awarded alimony, a decision …

The appellant Hasi Mohan Barman, who was in a relationship with PW‑1, allegedly forced her to abort a pregnancy by administering injections with the help of co‑accused Abinash Biswas, leading to a conviction under IPC s.313 r.w. s.34. While the trial and High Courts upheld the conviction, the sentence was reduced. Duri…

The case concerned a plot of land that the original owner, R.L. Jain, bought at a public auction on the basis that it lay outside a 1959 preliminary acquisition notification. The government later took possession of the plot in 1961 and awarded compensation, which Jain accepted under protest. He subsequently obtained a …

Venkatesh Gopal Mahishi, an award staff of Union Bank of India, retired on medical grounds in November 1993 and secured a compassionate appointment for his son. The Bank later framed the Union Bank of India (Employees') Pension Regulations, 1995, offering pension to employees who voluntarily retired between 1 January 1…

The petitioners, Mis. Oriental Select Granite Pvt. Ltd., challenged demand notices requiring them to pay the value of granite excavated between 27 August 1993 and 18 January 1996, contending that they were protected by interim orders of the Karnataka High Court dated 24 October 1990 and a status‑quo order of 24 June 19…

The Water Resources Department of Orissa invited tenders for two stretches of a canal project. The lowest bidder, Narayan Mohanty, furnished an Earnest Money Deposit (EMD) by pledging a postal term‑deposit passbook of Rs 1,70,000, which was later alleged to be forged. The tender committee, relying on a communication fr…

In a Uttar Pradesh Legislative Assembly election for a seat reserved for Scheduled Castes, the appellant challenged the election of the respondent on the ground that the respondent was not a member of a Scheduled Caste. The election petition relied on various statements about the respondent's caste certificates and all…

The appellant, Trimukh Maroti Kirkan, was married to Revata, who repeatedly complained of physical abuse and denial of food because her parents could not meet a dowry demand of Rs.25,000. Revata died under circumstances initially reported as a snake bite, but a post‑mortem revealed death by asphyxiation due to strangul…

The respondents K.S. Narayan purchased land in 1985 after the Bangalore Development Authority (BDA) had issued a notification for acquisition under the Bangalore Development Authority Act, 1976. They filed civil suits seeking injunctions against the BDA, claiming that no notice under Section 17(5) of the Act had been s…

Gas Authority of India Ltd. (GAIL) awarded four construction contracts to Mis Keti Construction (I) Ltd. Disputes arose and were referred to arbitration under the contract clause. GAIL sent a panel of three names for a sole arbitrator on 16 February 1999, urging the contractor to select one; the contractor later nomina…

The Promoters & Builders Association of Pune challenged a modification to Pune's Development Control Rules (DCR) wherein the State Government, while sanctioning the Municipal Corporation's proposal under Section 37(2) of the Maharashtra Regional Town Planning Act, 1966, inserted the words "from the very said plot" into…

The petitioners, former Army Medical, Dental and Veterinary officers who retired before 1 January 1996, challenged the Ministry of Defence’s clarification circular dated 11 September 2001 which excluded the non‑practising allowance (NPA) from the "minimum pay" used to step‑up pensions under the earlier circular of 7 Ju…

The respondent, Suresh Ramkrishna Burde, claimed to belong to the Halba Scheduled Tribe and produced a caste certificate to obtain a clerk position at BHEL, a post reserved for Scheduled Tribes. After complaints, the employer referred the matter to the District Collector and a Scrutiny Committee, which after thorough i…

M/s Kiran Combers & Spinners held a fire policy with an endorsement for flood covering its building, machinery and stock. In July 1993 heavy floods caused the building to collapse, allegedly due to subsidence of the land. United India Insurance repudiated the claim, relying on a surveyor’s report that subsidence was no…

HCG Stock & Share Brokers Ltd, the appellant, claimed a sum due from Gaggar Suresh, the respondent, and sought arbitration under the National Stock Exchange of India Limited (NSE) Bye‑laws. The respondent objected, arguing that the claim was barred by the six‑month limitation period prescribed in the Bye‑laws, which ru…

The State of Assam invited tenders under Rule 91 of the Assam Excise Rules, 1945 for the exclusive supply of potable alcohol to its excise warehouse, specifying that the contract would be awarded to a tenderer within a "viable range" determined by the Excise Commissioner. Five tenders were considered; the Commissioner …

Surendra Prasad Tiwari was engaged by the Uttar Pradesh Rajya Krishi Utpadan Mandi Parishad on a series of short‑term contractual appointments between 1989 and 1991, each with an automatic termination clause. After the last contract expired, his services were continued for about 14 years under an interim stay order of …

Arun Nivalaji More, a licensed commission vendor at a railway catering unit, had his licence cancelled by the Divisional Commercial Superintendent. In retaliation he entered the superintendent's office and stabbed him with a knife, causing fatal injuries. The victim gave multiple dying declarations identifying More as …

The Indian Iron and Steel Co. Ltd. entered into a contract with Mis. Tiwari Road Lines for transport of steel, which contained an arbitration clause mandating that all disputes be resolved under the Rules of Arbitration of the Indian Council of Arbitration. When the appellant invoked a bank guarantee, the respondent fi…

The Oriental Bank of Commerce granted a Rs 20 lakh loan to Sunder Lal Jain and another respondent, which later defaulted and was declared a non‑performing asset (NPA) on 31 March 2001. The bank obtained a decree for recovery from the Debt Recovery Tribunal (DRT), which became final as the respondents did not appeal. Th…

The appellants, landowners whose 89 acres were acquired for a sugar mill under the Land Acquisition Act, 1894, challenged the compensation awarded. The High Court had fixed a market value of Rs.1,20,000 per acre but reduced it by 33% because the exemplars were small plots, arriving at Rs.80,000 per acre. The Supreme Co…

Professor K.S. Misra worked at Benaras Hindu University (1960‑1979), then at the University of Yemen and Shillong University before joining Aligarh Muslim University (AMU) in 1987 and retiring in 1997. He sought to have his service at Benaras Hindu University counted for pension and other retiral benefits under AMU’s S…

The case arose from a murder in which the first informant, Rajendra Singh, alleged that Kapil Dev Singh (respondent No.2) participated. Although the charge‑sheet named only the co‑accused, the Sessions Court summoned Kapil Dev Singh under Section 319 of the CrPC based on the informant’s statement. Kapil Dev Singh filed…

M/S T.V.S. Suzuki Ltd. filed a refund claim after the final assessment of excise duty. The Assistant Commissioner rejected it on limitation grounds, but the Commissioner of Central Excise reversed the decision, and the CEGAT affirmed the reversal. The Revenue appealed, arguing that a proviso added in 1999 to sub‑rule (…

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

Appasaheb and his mother-in-law were convicted under IPC Section 304‑B (dowry death) for the suicide of their wife, Bhimabai, who allegedly took poison after being harassed for dowry. The prosecution alleged that the accused demanded money for domestic expenses and for purchasing manure, which the wife could not provid…

M/s. Associated Indem Mechanical Pvt. Ltd. had been granted three 99‑year leases for industrial sheds by the West Bengal Small Scale Industrial Development Corporation Ltd. The lease required the lessee to commence manufacturing within six months and to use the premises for that purpose. The lessee never started produc…

Harpal Singh was apprehended with a kilogram of explosive powder. The police initially filed a charge-sheet under the Explosives Act, 1884, and later filed a supplementary charge-sheet adding offences under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Explosive Substances Act, 1908. The…

The appellant Rajendra was accused of raping his six‑year‑old neighbour’s daughter Sonia on 14 October 2003. The victim’s mother heard her cries, rescued her, and the child was medically examined, revealing bruises and evidence of recent penetration despite an intact hymen. The trial court acquitted Rajendra, but the H…

The Government of India acquired land for firing ranges and awarded compensation to landholders, who then sought a reference under Section 18 of the Land Acquisition Act, 1894. The Reference Court enhanced the compensation, but both the landholders and the Union of India appealed to the High Court. The High Court dismi…

Pastor P. Raju was arrested and remanded to judicial custody after an FIR was lodged under Section 153B IPC for allegedly urging Hindus to convert to Christianity. He filed a petition under Section 482 of the CrPC seeking to quash the criminal proceedings, contending that a prior sanction under Section 196(1A) CrPC was…

An arbitrator awarded interest to the claimant, specifying 10% simple interest from the award date and 18% simple interest in case of default from 1‑Feb‑1994. The High Court made the award a rule of court and ordered that the award amount, together with interest at 18% per annum, be paid from the date of the decree (30…

The Reserve Bank of India (RBI) inspected Kalidasa Cooperative Bank and, after finding serious irregularities, requisitioned the Registrar of Cooperative Societies under s.30(5) of the Karnataka Co‑operative Societies Act, 1959 to supersede the bank’s Board of Directors and appoint an administrator. The Registrar issue…

Bhagwan Dass, a Class IV lineman of the Punjab State Electricity Board, became completely blind while in service. He wrote a letter explaining his absence and requesting retirement, also asking that his wife be employed in his place. The Board interpreted the letter as a voluntary retirement request and terminated his …

The plaintiffs, heirs of a deceased partner, sued the defendants for a declaration that a partnership deed dated 17‑Feb‑1992, which omitted the deceased partner, was illegal and void, and for rendition of accounts and share of profits. The defendants sought to stay the suit and refer the dispute to arbitration, invokin…

In Uttar Pradesh, 93 vacancies for Civil Judge (Junior Division) were to be filled with reservations as per the 1993 and 1994 Uttar Pradesh Public Service Acts. The prescribed percentages yielded 46.5 seats for the general category, which the High Court held should be rounded up to 47, and three seats reserved for free…

The petitioner, Shakuntla Devi, filed a writ petition under Article 32 of the Constitution seeking a pension as a freedom fighter, alleging that the State Government had not recommended her claim to the Central Government. The petition was presented before the Supreme Court, with Madan Mohan Rai (her husband) and a leg…

Dayal Singh was convicted under Sections 498A and 302 IPC for cruelty and murder of his wife, Tejinder Kaur, based primarily on her dying declaration recorded by a police head constable in the presence of a doctor. The appellant challenged the admissibility of the declaration, arguing it was not recorded by a magistrat…

The employees, who were former nominal muster‑roll (NMR) workers, were appointed as Attenders under a circular that gave preference to ex‑employees. Verification revealed they were over the age limit of 28 years prescribed by the Tirumala Tirupati Devasthanams Employees Service Rules, 1989, and they were terminated. Th…

The Karnataka government issued a notification under Section 4 of the Land Acquisition Act, 1894 in 1984 to acquire land for a housing scheme of Vyalikaval House Building Co‑op. Society. The society and the State later declared the acquisition under Section 6 and passed an award, taking possession of the land by 1992. …

The appellants, traders licensed by the Krishi Utpadan Mandi Samiti, Pilibhit, claimed that they were assured by a letter from the Director of the Mandi Parishad that the shops, godowns and sheds allotted to them would be transferred on a hire‑purchase basis. After shifting their business to a new market site, they wer…