H K SEMA

Nirmal Chandra Sinha, a senior officer of the Indian Railway Service of Mechanical Engineers, was promoted to General Manager on 29 November 1996. He sought a notional promotion effective from 13 March 1996, claiming seniority and related benefits. The Central Administrative Tribunal rejected his claim, and the Andhra …

The State of Madhya Pradesh appealed the acquittal of Badri Yadav, who had been convicted for murder under IPC s.302 read with s.34. Two key witnesses, PW‑8 (Mohd. Amin) and PW‑9 (Zakir Ali), originally testified as eye‑witnesses under s.164 CrPC and were cross‑examined as prosecution witnesses in 1990. In 1994 they fi…

Mohd. Narsullah Khan, a Head Constable, was on bandobust duty during the visit of US President Bill Clinton when he allegedly removed and concealed a CCTV lens, an act captured on the premises' closed‑circuit TV. A disciplinary inquiry examined four witnesses, found the charge of theft proved beyond reasonable doubt, a…

The respondent, a manager of Syndicate Bank, was found guilty of colluding with staff to obtain and misappropriate loans under the Integrated Rural Development Programme and was removed from service by the Disciplinary Authority. The respondent challenged the removal, and the High Court initially converted the removal …

The Andhra Pradesh Public Service Commission advertised for several posts and required candidates to disclose full employment details in Column 11 and Annexure III of the application. The respondent, Koneti Venkat eswarulu, left Column 11 blank and declared in Annexure III that he was not employed, although he was work…

The Supreme Court examined the Government's policy to merge Vayudoot with Indian Airlines and the subsequent absorption of Vayudoot employees (SHOD) into Indian Airlines, focusing on seniority and promotion issues. The petitioners argued that the merger was not formally completed, that the cut‑off date of 10‑Mar‑1998 f…

The Supreme Court examined whether the amendment to Goa Shipyard Officers' Conduct, Discipline and Appeal Rules, 1979—made by a circular board resolution—was valid despite lacking an explicit effective date, and whether the Board could retrospectively ratify the amendment to validate the dismissal of Babu Thomas. The r…

The Supreme Court heard an appeal by the State of Chhattisgarh challenging a High Court order that granted bail to an accused (respondent No.3) charged under Sections 302 and 1208 IPC for the murder of a rival political leader during an election campaign. The High Court, while granting bail, examined the credibility an…

In 1990 National Insurance Company issued transit insurance for a consignment of NIPHA EXPORTS to Sudan. The goods were damaged and a claim was made, but a dispute arose over who was entitled to the proceeds. After investigations, the claim was finally settled by a letter dated 8 April 1994 and the insurance amount of …

The accused Dayal Sahu was convicted by a trial court for rape under IPC s.376 based on the testimony of the victim (prosecutrix) and corroborating statements of relatives, as well as forensic serology reports. On appeal, the High Court acquitted him, holding that the failure to produce and examine the doctor who medic…

The State of Goa prosecuted Babu Thomas, a Joint Manager of Goa Shipyard Ltd., under the Prevention of Corruption Act for accepting illegal gratification from a contractor. Two sanction orders were issued—one by the Company Secretary and another by the Chairman and Managing Director—both without the requisite approval …

Bharat Sewa Sansthan, a charitable society, leased premises to U.P. Electronics Corporation Ltd. under a lease that contained an arbitration clause. The society sued for recovery of rent arrears, water and sewerage taxes, and interest, while the corporation moved for reference of the dispute to arbitration under Sectio…

Former judge Kuldip Singh filed a writ petition under Article 32 challenging the lower pension granted to judges appointed directly from the Bar, contending that the Constitution provides no quota for such appointments and that pension benefits should be uniform with those appointed from the judicial services. The peti…

The appellants, directly recruited Section Officers (Commercial Audit), challenged the method of fixing their seniority, arguing that their probationary appointment should count towards seniority for promotion. The Recruitment Rules, 1988 were silent on inter se seniority of direct recruits, and the Comptroller and Aud…

Satbir Singh Mahla, a Trained Graduate Teacher at Kendriya Vidyalaya No.1, Air Force Suratgarh, assaulted the school Principal on 23 February 1999, causing serious injury to the Principal's eye. Although he submitted a written apology, he was charge‑sheeted, found guilty in an inquiry and removed from service. The Cent…

The appellant, a Managing Director of a company, was charged under Sections 25 and 30(3) of the Karnataka Shops and Commercial Establishments Act, 1961 after a woman employee was raped and killed while travelling to work. He filed a petition under Section 482 of the CrPC seeking quash of the complaint, claiming exempti…

The respondents were appointed as Co‑operative Supervisors, a non‑government post under the Co‑operative Federation Authority, and later promoted to the government post of Co‑operative Inspector Grade‑II. Upon retirement they filed petitions claiming that their service as Supervisors should be counted for computing pen…

The Bar Council of India (BCI) challenged two Allahabad High Court writ orders that upheld the appointment of a philosopher, respondent No. 5, as Principal of Dayanand College of Law despite his lack of legal qualifications. The High Court had held that the Uttar Pradesh State Universities Act, 1973, being a later stat…

Amarjit Singh Sahni, a cashier‑clerk of Punjab and Sind Bank, applied for voluntary retirement under the bank's scheme (effective 1‑31 Dec 2000) but withdrew his application on 22 Dec 2000 before the bank had accepted it. The bank later treated him as relieved from service on 28 Jan 2001 and denied his reinstatement, d…

The Orissa Mining Corporation issued a series of Notice Inviting Tenders (NITs) for raising, calibration and transport of iron ore. In NIT‑85 the corporation amended eligibility clause 8(vii) by removing a six‑month overlapping margin and clause 8(i) by excluding experience with minor minerals. Two appellants, M/s. S.S…

The Rajasthan Government dissolved Avas Vikas Sansthan (AVS) after it incurred heavy losses and offered its 604 employees alternative employment in various local bodies, conditional on affidavits that they would not claim continuity of service or pay protection. The employees accepted the scheme, but the Rajasthan High…

Madhukar Nowlakha entered into a sale agreement for premises that was later purportedly cancelled. He filed a suit for specific performance and, after settlement talks, applied to withdraw the suit without seeking leave to file a fresh suit. The trial court allowed the withdrawal but refused to recall the order when No…

The Supreme Court examined whether an aided minority college could be bound by Section 57(3) of the Kerala University Act, which requires the principal to be appointed on a seniority‑cum‑fitness basis. The college, a minority institution, had appointed Rev. Daniel as principal, a decision challenged by senior lecturers…

The State of Andhra Pradesh charged Kanda Gopaludu with murder under Section 302 IPC. The trial court convicted him based on an extra‑judicial confession he made before three village officials (the sarpanch and two ward members), corroborated by the investigating officer’s testimony, a doctor’s medical report indicatin…

The Karnataka Administrative Tribunal altered the recruitment rules for promotion of stenographers by removing the degree requirement and promoted several stenographers on that basis. Assistant (ministerial cadre) officers, whose promotions were affected, filed applications under Section 19 of the Administrative Tribun…

The Union of India appealed against a Central Administrative Tribunal (CAT) order that directed the government to grant railway typists the same pay scales as senior clerks, head clerks and Office Superintendents Grade II, based on the Fifth Pay Commission recommendations. The High Court had upheld the CAT order, but t…

Sandvik Asia Ltd. received refunds for assessment years 1977-78, 1978-79, 1981-82 and 1982-83 and was entitled to interest under Sections 214 and 244 of the Income Tax Act, 1961. The Income Tax Department delayed payment of that interest for periods ranging from 12 to 17 years. The appellant filed writ petitions claimi…

ShriKant Anandrao Bhosale, a police constable, was convicted of murdering his wife by striking her with a grinding stone during a quarrel and sentenced to life imprisonment. He appealed, claiming he was suffering from paranoid schizophrenia at the time of the offence and thus entitled to the benefit of Section 84 of th…

The case involves the murder of eight members of two families in Punjab over a land dispute, for which Bachhitar Singh and two co‑accused were convicted under IPC sections 302, 460 and the Arms Act. The sole eye‑witness, Joginder Singh (PW‑3), testified that he saw the accused entering the victims' house and heard guns…

The parties entered into a partnership deed containing Clause 16, which stated that any dispute would be "mutually decided" or "referred for arbitration if the parties so determine." The respondent filed an application under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a…

The respondents, lecturers in private aided colleges, challenged a government order fixing 1 November 1992 as the cut‑off date for pension entitlement after the Education Code amendment reduced their retirement age from 60 to 58 years. The High Court held the cut‑off date arbitrary and discriminatory, directing pension…

The State of Uttar Pradesh challenged the levy of a licence fee on denatured spirit, arguing that the Union's Industries (Development and Regulation) Act, 1951 (particularly Section 18‑G) ousted the State's power to legislate under Entry 33 of List III of the Seventh Schedule. The High Court had declared the fee illega…

The case concerned the alleged misappropriation of gold used to make a temple ornament (Golaka) by officials of the Cochin Devaswom Board. The prosecution claimed that the assistant commissioner (appellant) conspired with a Devaswom officer (A‑3) to fraudulently divert pure gold, and that the appellant either misapprop…

The State of Uttar Pradesh appealed against the Allahabad High Court's acquittal of Ganga Ram and Rajendra Singh for the murder of Tula Ram under IPC Sections 302 and 34. The trial court had convicted all four accused, but the High Court set aside the convictions, relying on the absence of any pedestrian witness and th…

The State of Andhra Pradesh awarded a canal construction contract to Mis. Pioneer Builders, which later failed to complete the work and was expelled. The contractor filed a petition under Sections 8 and 20 of the Arbitration Act, 1940, seeking arbitration or a civil suit, and later applied for amendment of the plaint, …

The Uttar Pradesh Power Corporation installed electronic meters capable of downloading 35 days of consumption data and issued circulars (15 Oct 1998 and 7 Apr 1999) prescribing penalties for each violation of peak‑hour restrictions. Consumers challenged the corporation's demand for penalties, arguing that a single Mete…

The appellant State challenged a High Court order that declared Section 47A of the Indian Stamp Act, as amended by Andhra Pradesh Act 8 of 1998, unconstitutional. The amendment requires a party to deposit 50% of the deficit stamp duty before a registering officer can refer the instrument to the Collector for valuation.…

The accused, a taxi driver, was convicted of raping a girl, Pushpa, who was allegedly under 16 years of age. Two dates of birth were on record – 29‑Nov‑1964 from municipal and hospital registers and 29‑Jun‑1963 from a school leaving certificate. A medical officer’s ossification test suggested the girl was 18‑19 years o…

The appellants, untrained graduate teachers appointed in Science, Mathematics and Humanities, had been granted pay parity with trained teachers by various Government orders, High Court judgments and Administrative Tribunal awards. To alleviate the financial burden, the State enacted the Andhra Pradesh Educational Servi…

The Supreme Court examined whether the Office Memorandum (O.M.) dated 11 May 2001, issued to clarify pension calculations, overrode the earlier O.M. dated 17 December 1998. The Court held that the later memorandum is merely a clarification and does not repeal the earlier instruction, which remains the governing policy.…

The Union of India invited tenders for a telecom licence and, after receiving a tender, issued a Letter of Intent to Tata Teleservices, which later failed to fulfil its obligations. The Union claimed damages of Rs 50 crore and set‑off the amount, while Tata claimed Rs 654.25 crore for breach of contract. The Telecom Di…

Sunder and Satbir Singh were convicted by a Designated Court under IPC sections 399 and 402 and Section 25 of the Arms Act for alleged theft and possession of knives. They appealed, arguing that the Court lacked jurisdiction because no TADA charge was framed and that the recovery of knives was not proved, as the key re…

The appellant and his brother were convicted of double murder under IPC s.302 and s.302/34 and sentenced to life imprisonment. On appeal, the Allahabad High Court division bench was split, leading to the matter being referred to a third judge. The third judge upheld the conviction but based his opinion largely on the t…

A Panama‑registered vessel carrying Ukrainian crew entered Indian territorial waters without authorization and was arrested by the Coast Guard. The Customs Department seized the cargo and later confiscated the vessel under the Customs Act, 1962. The chief officer and other crew members filed applications seeking paymen…

Head Constable Vijay Singh was dismissed after a departmental enquiry for allegedly failing to follow diary procedures and overwriting entries. The enquiry was preceded by a preliminary enquiry, but the department did not obtain prior approval from the Additional Commissioner of Police as mandated by Rule 15(2) of the …

The Tamil Nadu Civil Supplies Corporation dismissed K. Meerabai, a junior assistant, after a departmental enquiry found her guilty of misappropriating stock and money, while a parallel criminal case against her under Sections 409 and 477-A IPC ended in acquittal. The High Court ordered her reinstatement, holding that t…

A group of teachers from a recognized private unaided school filed a writ petition under Article 226 seeking a mandamus directing the school to implement the Third Pay Commission's salary recommendations with retrospective effect. The single judge of the Calcutta High Court granted the relief, but the Division Bench se…

The case concerned departmental trap investigations conducted by Railway Vigilance officers against three railway ticket examiners who were alleged to have demanded excess money from decoy passengers. The respondents were charged under Rule 3 of the Railway Services (Conduct) Rules, 1966 and, after departmental inquiri…

Percept D'Mark (India) Pvt. Ltd. entered into a three‑year promotion agreement with cricketer Zaheer Khan that contained a clause giving the company a right of first refusal on any third‑party endorsement offers, even after the contract expired. After the term ended, Khan signed a similar agreement with another firm. P…

The appellants, beneficiaries of a welfare trust, claimed that the trustees had withheld bonus shares and dividends of Godfrey Philips Ltd., depriving them of benefits. They sought to amend their plaint to include a prayer for the sale of the shares and investment of proceeds in government securities, along with a mand…

Bikar Singh, a conductor with Haryana Roadways, was dismissed for allegedly embezzling fare money. He appealed the dismissal to the Additional Transport Commissioner, which was rejected, and then filed a civil suit seeking a declaration that he remained in service and that the dismissal orders were void. The trial civi…

The Uttar Pradesh Public Service Commission advertised 390 posts of Homeopathic Medical Officer, requiring either a recognized degree or a recognized diploma in Homeopathy, with a proviso that "preference will be given to degree holders." After the selection process, many degree‑holders who were eligible were not appoi…

Surjit Singh had three telephone lines – two in his name (residential and business) and one in his wife’s name. The wife, a housewife, was financially dependent on him and the line in her name had unpaid dues. Mahanagar Telephone Nigam Ltd. disconnected the two lines in Singh’s name under Rule 443 of the Indian Telegra…

Shree Ram Mills Ltd. and Utility Premises (P) Ltd. entered into two development agreements for a parcel of land, the first for 1.20 lakh sq.ft. of FSI and the second for a reduced area. A Memorandum of Understanding (MoU) dated 19‑Jan‑2005 was later executed to settle all disputes, with the respondent receiving a parti…

In a property dispute, the appellant obtained a stay order protecting his possession, but respondents broke the lock and removed articles from the premises. The appellant lodged a complaint on 9 and 13 September 1997 alleging a cognizable offence against a police officer, but the police refused to register an FIR under…

The case arose from an incident where two police constables attempted to arrest Ram Avtar and his associates; the accused’s relatives intervened with weapons, leading to a violent clash that resulted in the deaths of two members of the complainant’s family. The trial court convicted eight accused under IPC sections 224…

The Department requisitioned the local Employment Exchange for an Extra Departmental Sub Post Master vacancy, giving preference to ST/SC candidates, and the Exchange sponsored 40 names, including a general‑category candidate (respondent No.4). A corrigendum mandated a wider public notification, which invited applicatio…

Indian Oil Corporation (IOC) entered into fuel supply contracts with NEPC India Ltd. and its sister company, securing the dues by hypothecating two aircraft. After NEPC defaulted, IOC obtained injunctions and later filed criminal complaints alleging theft, cheating, criminal breach of trust and mischief for the removal…

The case concerned the interpretation of Regulation 2.7(d)(iv) of the Central Electricity Regulatory Commission (Terms & Conditions of Tariff) Regulations, 2001, which prescribes a 6% escalation factor for revising operation and maintenance (O&M) charges and allows a deviation of up to 20% (i.e., 4.8% to 7.2%) to be ab…

The Supreme Court heard appeals against a Kerala High Court order that upheld the Guruvayoor Devaswom Act, 1978, which allows Hindu ministers in the Council of Ministers to nominate members to the temple's Managing Committee. The petitioners argued that the ministers must be believers in God and temple worship and that…

The Diploma Engineers Sangh, representing diploma‑holder Junior Engineers, challenged a 2003 office memorandum that prescribed an interview as the qualifying examination for promotion to Assistant Engineer under the Uttar Pradesh Service of Engineers (Building and Roads Branch) Class II Rules, 1936. The petitioners arg…

The respondent, an Inspector in the Himachal Pradesh Transport Corporation, was charge‑sheeted and served notice of a departmental inquiry by post and by publication in a newspaper. He chose not to appear, and the inquiry proceeded ex parte, resulting in a finding of guilt and termination of his service. He challenged …

The appellant, a Chief Manager of Oriental Bank of Commerce, was dismissed after an enquiry found him guilty of misappropriating Rs.10 lakh by opening a fraudulent account and transferring the funds to three third parties. The appellant challenged the dismissal, arguing that no loss was suffered by the bank, the crimin…

M.L.L.C. Steels, a consumer of electricity, defaulted on dues and had its supply disconnected. The undertaking was taken over by the Haryana Financial Corporation and sold "as is where is" to Paramount Polymers. After the sale, the electricity board (Dakshin Haryana Bijli Vitran Nigam Ltd.) introduced clause 21A in its…

The appellants (Sankar Deb Acharya & Ors.) and the respondents (Biswanath Chakraborty & Ors.) were recruited on a temporary basis through the West Bengal Public Service Commission. The dispute concerned inter‑se seniority and promotion under the merit‑cum‑seniority policy, specifically whether seniority should be based…

Kumaran Silk Trade (P) Ltd. obtained a sanctioned plan for a basement, parking, ground floor and three upper floors but illegally constructed additional floors 4, 5 and 6, violating building bye‑laws and the plan. A contempt application was filed and the Madras High Court ordered status‑quo on 2 March 2001; the appella…

The appellant, Amarsingh Ramjibhai Barot, was intercepted by police along with a co-accused and was found in possession of 920 grams of a black liquid suspected to be opium; the co-accused possessed 4.250 kg. Samples sent to the Forensic Science Laboratory were reported as opium containing 2.8% anhydride morphine. The …

The Supreme Court examined whether Rule 17 of the Jammu and Kashmir Distillery Rules, 1946—requiring licensees to pay 50% of the salaries of excise officers posted at their distilleries—constituted a valid fee or an impermissible tax. Mis. Gupta Modern Breweries contended that the rule exceeded the rule‑making power un…

The case concerned a government servant, T.V. Patel, who was penalised for alleged misconduct after a departmental inquiry. The disciplinary authority sought advice from the Union Public Service Commission (UPSC) and, after receiving it, imposed a penalty, attaching a copy of the UPSC advice to the final order. The Cen…

The respondent applied for a compassionate appointment after his father's death, claiming he was not employed or had any family members in service. In reality, his mother was a teacher and his wife held a government post, facts he concealed. He was appointed as a typist in 2002, but the department terminated his servic…

The case concerned the inter‑se seniority of Assistant Civilian Staff Officers (ACSOs) recruited directly (DR) versus those promoted from within the department (DP) under the Armed Forces Headquarters Civil Service Rules, 1968. The Central Administrative Tribunal (CAT) in M.G. Bansal's case had held that seniority shou…

Three officers of the Punjab Agricultural Department filed suits in 1993 seeking a declaration that an endorsement dated 13‑Mar‑1980, which fixed their pay at Rs.940‑1850, was illegal and that they were entitled to the higher Deputy Director scale of Rs.1200‑1850, along with arrears and seniority adjustments. The suits…

Brahma Dutt Tripathi, a former Short Service Commission officer, was appointed to the National Cadet Corps (NCC) on 11 December 1969 under a composite Scheme issued on 21 December 1963, which was framed under proviso (iii) to Rule 16 of the NCC Rules, 1948. He later challenged an order that declined to extend his servi…

The contractor (N.C. Budhraja) completed excavation work for Orissa Mining Corp. Ltd. (OMC) and later claimed extra payment for work beyond the contract. OMC acknowledged pending claims in a letter dated 28‑Oct‑1978 and paid Rs.3,50,000 on 4‑Mar‑1980, after which the contractor invoked arbitration on 4‑Jun‑1980. The le…

The State of Himachal Pradesh appealed the acquittal of Asha Ram, who had been convicted by the trial court for raping his minor daughter. The High Court set aside the conviction on the ground that the medical evidence was unreliable and that there was no corroboration of the victim’s testimony. The Supreme Court exami…

The Central Power Distribution Co. challenged a suo moto order of the Central Electricity Regulatory Commission (CERC) that imposed Availability Based Tariff (ABT) and Unscheduled Interchange (UI) charges on the Simhadri thermal station of NTPC, alleging lack of jurisdiction and violation of natural justice. The Suprem…

The Supreme Court examined a batch of appeals arising from orders of the National Consumer Disputes Redressal Commission (NCDRC) that uniformly awarded interest at 18% per annum in cases of deficiency of service by development authorities. The Court held that the Consumer Protection Act, 1986 has a wide reach and cover…

Surender Singh and Vikas were convicted under IPC sections 392, 394, 397 and Arms Act section 25 for robbing a bank deposit bag, snatching a pistol and money. The prosecution’s case rested on the testimony of complainant PW‑9, injured witness PW‑2, and two panch witnesses PW‑3 and PW‑4, some of whom turned hostile duri…

Kores (India) Ltd., the lessee of an industrial undertaking, appealed a High Court order that required it to pay a royalty on plant and machinery in addition to lease rent. The High Court had appointed a receiver who fixed the royalty at 10% of the written‑down value, amounting to Rs 70,000 per month. The appellant arg…

The case concerned five Forest Rangers who were promoted to Assistant Conservator of Forests (ACF) in 2002, but were later given notional promotions with retrospective effect to 1994 by a 2004 government order. Directly recruited ACFs appointed in 1996 challenged this order, arguing that the 1999 amendment to Rule 5 of…

Geeta was appointed as Deputy Superintendent of Police on the basis of a Scheduled Tribe (ST) certificate that claimed she belonged to the Majhi tribe, a recognized ST in Madhya Pradesh. After her father's earlier ST certificate was cancelled, an inquiry was ordered and the High Level Caste Screening Committee found th…

The respondents, junior scientists, sought promotion to Scientist‑Grade C despite not having the five years of service in Grade B required by Rule 7(2)(b) of the Central Ground Water Board (Scientific Group ‘A’ Posts) Recruitment Rules, 1995. They argued that deputationists with eight years of service were promoted und…

The appellant, an Assistant Mill Manager (AMM) in the Andaman & Nicobar Forest Department, sought promotion to Deputy Conservator of Forests (DCF) by claiming his post was equivalent to Assistant Conservator of Forest (ACF) and thus a feeder post under the Indian Forest Service (Appointment by Promotion) Regulations, 1…

M/s. Durga Hotel Complex obtained a loan of Rs.15 lakh from a bank, which later recalled part of the amount and denied an additional advance. The hotel filed a complaint with the Banking Ombudsman under Clause 16 of the Banking Ombudsman Scheme, 1995, alleging unauthorized withdrawals and non‑credit of proceeds. While …

The Supreme Court examined the appeal of Satbir Singh and others, who were convicted for the dowry death of Shanti Singh under IPC Sections 304‑B, 498‑A and 201. The prosecution proved that Shanti was harassed for additional dowry (Rs 7,000) shortly before her death, that she died within seven years of marriage under s…

The plaintiff and defendant entered into an agreement on 3 December 1973 for the sale of a structure under the Calcutta Thika Tenancy Act, 1949, without the land. The plaintiff sued for specific performance on 7 February 1974; the trial court decreed in his favour on 24 April 1990. During the pendency of the suit, the …

The appellants, Hinsa Virodhak Sangh and associated butchers, challenged two resolutions of the Ahmedabad Municipal Corporation that ordered the closure of municipal slaughter houses for nine days during the Jain Paryushan festival, alleging violations of their fundamental rights to trade (Art. 19(1)(g)), equality (Art…

The respondent, Harish Kumar, was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on 14 June 2002. He filed a writ petition challenging the detention on the ground that his representation to the Central Government, dated 27 September 2002, …

The State of Andhra Pradesh appealed the acquittal of five accused who had been convicted by the trial court for murder under Sections 302, 148 and 149 IPC. The High Court set aside the conviction on the ground that the two eyewitnesses – PW1 (brother of the deceased) and PW2 (brother‑in‑law) – were interested witnesse…

Anjan Kumar, the son of a Scheduled Tribe mother and a non‑tribal father, obtained a Scheduled Tribe (ST) certificate on the basis of his mother's status and cleared the Civil Services Examination as an ST candidate, but was denied a final posting. He challenged the Union of India's refusal and the enquiry report that …

Shiv Dayal Gupta, an Additional District Judge of the Rajasthan Higher Judicial Service, was compulsorily retired on the basis of a Review Committee report prepared by four senior High Court judges and approved by the Full Court, which held that his continuance would be a liability to the department and adverse to publ…

M. Kurmi Naidu, an Assistant Engineer of the A.P. State Electricity Board, was charged with misconduct and, after an enquiry, the Chairman (the Board's appellate authority) imposed compulsory retirement. Naidu filed a mercy petition, which the Board treated as an appeal and rejected. He contended that he was denied a p…

The Union of India and Bharat Battery Manufacturing Co. entered into a contract for supply of batteries that contained Clause 24 requiring any dispute to be referred to a sole arbitrator appointed by the Director General of Supplies and Disposals from the Ministry of Law. A price‑variation dispute arose; the respondent…

The case concerned a transaction where the respondents sold a property to the appellants for Rs 45,000 and, on the same day, entered into an agreement for reconveyance of the same property upon payment of the same amount within seven to nine years. The respondents claimed the arrangement was a mortgage and that the deb…

The Gujarat Urja Vikas Nigam Ltd (GUVNL) filed an appeal against a Gujarat High Court order that appointed a retired Chief Justice as arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 to resolve a power‑purchase dispute with Essar Power Ltd. GUVNL contended that after the Electricity Act, 2003 c…

The mother of a deceased State Bank of India employee applied for a compassionate appointment for her son, Somvir Singh. The bank's competent authority rejected the request, finding that the family was not in penury after considering terminal benefits, pension, investments, and other income as per its scheme. The Punja…

The complainant filed a complaint before a Sub‑Divisional Judicial Magistrate alleging offences under Sections 147, 148, 149, 448, 452, 323 and 395 IPC. The magistrate endorsed the complaint to the police, but the SHO registered an FIR only under Sections 452, 380 and 323/34, omitting several cognizable offences, espec…

The Union of India sought damages for the unauthorized occupation of shops and stalls in the Lodhi Road Complex after the Supreme Court cancelled earlier allotments and ordered the occupants to vacate. The respondents, who never participated in the tender process, remained in possession despite notices and a contempt p…

Dev Dutt, an Executive Engineer in the Border Roads Engineering Service, was eligible for promotion to Superintending Engineer after completing five years on his grade. The promotion guidelines required a "very good" entry in the Annual Confidential Report (ACR) for the last five years, but Dutt had a "good" entry for …

The Uttar Pradesh Government issued a circular on 11 August 1997, under the Basic Education (Teachers) Service Rules, 1981, stipulating that only candidates trained in state government institutes and holding a Basic Teacher Certificate (BTC) or its equivalents could be appointed as Assistant Teachers in primary schools…

The Supreme Court examined whether the committees constituted to refine the hawking‑zone scheme in Mumbai had exceeded the Court's earlier approval of 187 roads as hawking zones. It held that the committees acted within the Court's directions and their reduction of some roads did not deprive hawkers of their constituti…

The appellant, S. Nazeer Ahmed, had borrowed Rs.1,10,000 from State Bank of Mysore for a bus, securing the loan by hypothecating the bus and equitably mortgaging two immovable properties. The bank first obtained a money decree, but could not sell the hypothecated bus and later sued for enforcement of the equitable mort…

The State of Rajasthan auctioned a 10,490 sq m plot to H.V. Hotels for a hotel, stipulating a floor‑area ratio (FAR) of 1.0 and requiring surrender of land for road widening. The sale deed allowed the buyer to obtain any additional FAR if permitted by future building bye‑laws. After the Jaipur Development Authority (JD…

The applicant, who was the respondent in a civil appeal, filed an application for clarification of a judgment dated 2 August 2005, claiming financial hardship and seeking recovery of a balance after his pension was attached. The opposing party argued that the application was in substance a review of the judgment. The S…

The plaintiff Muthuswamy Gounder sued for declaration and injunction claiming title to a land parcel based on a sale deed and alleged adverse possession of over 60 years. The defendants claimed ownership through purchase from members of the Iyer family and argued that the alleged occupants, K and her foster son DO, wer…

The contractor, Ramnath International Construction, was awarded two government contracts for a hangar and road works, but failed to complete them within the stipulated time. The employer granted several extensions before terminating the contracts, after which the contractor claimed compensation for extra costs and loss…

The Supreme Court examined the status of employees transferred from State departments to Gram Panchayats under the amended U.P. Panchayat Raj Act, 1947. It held that the transfer under Section 25 was a deputation, not a permanent transfer, and that the employees retained a lien with their parent departments. Consequent…

The State Bank of India (bank) had granted a term loan and a cash‑credit facility to M/s. Ranjan Chemicals Ltd. (company). The company defaulted, prompting the bank to file an application before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 for recovery o…

The appellants, Sunil Kumar Parimal and Shiv Shankar Roy, enrolled in C.P.Ed and D.P.Ed courses at Tirhut Physical Education College for the 1994-95 and 1995-96 sessions, a college that was duly recognised at the time. The Bihar School Examination Board, tasked with conducting the examinations, failed to hold the exams…

The appellants were convicted by a Designated Court for offences under the IPC, TADA and the Arms Act based largely on two police witnesses and confessional statements recorded under Section 15 of the TADA Act after a half‑hour "cooling period". Independent village witnesses were hostile and did not corroborate the pro…

The case involved Dr. Kamal Kumar Dutta, a major shareholder of Ruby General Hospital Ltd., who alleged that the company’s board, led by his younger brother, fabricated board resolutions, denied him shares for equipment supplied, and ousted him as managing director, constituting oppression and mismanagement under Secti…

The respondent, a manager in State Bank of India, was found to have introduced two individuals and facilitated the opening of a current account, issuance of term deposit receipts (TDRs) and overdraft facilities in their names, allegedly for personal gain and in violation of bank rules. A departmental inquiry by the Cen…

Common Cause, a registered society, filed a public‑interest writ petition seeking comprehensive directions to the Union and State governments for licensing, driver training, road infrastructure, ambulance services, expert committees and a new Road Traffic Safety Act to curb road accidents. The Court examined whether su…

O.M.M. Private Limited, holder of a mining lease, terminated its contract with Adhunik Steels Ltd., alleging violation of Rule 37 of the Mineral Concession Rules, 1960. Adhunik filed a Section 9 application under the Arbitration and Conciliation Act, 1996 seeking an interim injunction to restrain termination and dispos…

The respondent was appointed on an ad‑hoc basis as a stenographer for three months, with two extensions, and subsequently failed the qualifying test. He filed a writ petition seeking to remain in the post until a regular stenographer was appointed, and the Allahabad High Court allowed his continuation. The State appeal…

MIS Shivnath Rai Harnarain (India) Ltd and MIS Abdul Ghaffar Abdul Rehman agreed, via a settlement agreement, to refer any dispute to arbitrator Mr. Samuel J. Marshall in Singapore, applying UNCITRAL Rules while Indian law governed the contract. The arbitrator issued an award in favour of the applicant in June 2005, wh…

Duncan Industries Ltd. and its associate challenged the Union of India’s Retention Price Scheme, which determines fertilizer subsidies, alleging that the scheme was a statutory entitlement that could not be retrospectively altered to their detriment. The Supreme Court held that the scheme is merely an administrative or…

The Kerala State Road Transport Corporation (KSRTC), an autonomous corporation established under the Road Transport Corporation Act, 1950, sought to defer the implementation of enhanced pension benefits recommended by the Fifth Kerala Pay Commission due to its precarious financial condition. The State Government, after…

The petitioners, teachers in private grant‑in‑aid colleges, sought a writ directing the State Government to raise the superannuation age from 58/60 to 62 years, relying on a UGC notification and a Central Government letter that recommended the higher age. The State Government, while adopting the revised pay‑scales, exp…

The State of Madhya Pradesh seized a Tata Sumo vehicle carrying antlers under Section 50(1)(c) of the Wild Life (Protection) Act, 1972 and the owner, Madhukar Rao, sought its interim release on a supersedeas bond under Section 451 of the Code of Criminal Procedure, 1973. The trial court granted release, but the State a…

The Industrial Investment Bank of India (IIB) advanced money to a second defendant, secured by a hypothecation and charge created by the plaintiff, Marshal's Power & Telecom (I) Ltd. The plaintiff filed a suit seeking a mandatory injunction to prevent interference with capacitor banks installed for APTRANSCO and also a…

ANZ Grindlays Bank (now Standard Chartered) entered into a settlement with the All India Grindlays Bank Employees Association, representing the majority of its award staff, under Section 18(1) of the Industrial Disputes Act, 1947. The All India Grindlays Bank Employees Federation, representing minority workers, did not…

The deceased, a timber merchant, was shot dead by three local goondas who demanded a "goonda tax" which he refused to pay. The prosecution’s case rested on the testimony of the deceased’s brother (PW12), corroborated by the tractor driver (PW3) and a by‑stander (PW5), as well as medical evidence. Seven prosecution witn…

The Supreme Court examined whether a public servant, Dilawar Singh, could be summoned and tried under Section 13(2) of the Prevention of Corruption Act, 1988 when no specific sanction under Section 19 had been obtained for him. The case arose from a complaint alleging extortion by police officials, leading to a charge‑…

The appellant, a medical practitioner, administered the poison Pavulon to his parents‑in‑law and their three minor children, falsely claiming they were suffering from AIDS, with the intention of acquiring his father‑in‑law's property. The trial court convicted him under Section 302 of the Indian Penal Code and sentence…

M.B. Patel & Co., a contractor, obtained an arbitration award on 03‑05‑1985 against the Oil & Natural Gas Commission (ONGC) for various monetary claims, including compensation for delays, illegal deductions, and interest. The High Court of Gujarat set aside the award, holding that the arbitrator had ignored clauses 14 …

The Kolkata Port Trust had leased premises to Das Reprographics Ltd. for 29 years, with a clause allowing renewal if notice was given and the lessee complied with covenants. The company went into liquidation in 1992, having defaulted on rent and taxes, and the lease terminated as per the deed. The assets of the liquida…

The deceased N.D. Pamboodripad, a retired Kerala High Court Judge, challenged the pension fixed by the Kerala Government, arguing that his "emolument" for pension calculation should include dearness and special allowances (Rs 4,237 per month) and that the ceiling on the special additional pension under Part III of the …

The case concerned the promotion of a police officer (Respondent No.5) to the IPS cadre while a criminal case against him was pending. A charge‑sheet had been filed on 1 July 2000, and the Government of India placed his name provisionally on the select list, subject to clearance of the case. The officer obtained a favo…

The Supreme Court examined whether the Mana community in Maharashtra is a sub‑tribe of the Gond tribe or a distinct Scheduled Tribe, and whether state resolutions could alter the status conferred by the Constitution (Scheduled Tribes) Order. The Court held that the Constitution (Scheduled Tribes) Order, as amended by P…

Anantalal Ghosh was convicted under Sections 302, 201 read with 34 of the Indian Penal Code for the murder of Lilabati. The conviction was based solely on circumstantial evidence and the testimony of three prosecution witnesses, as there was no eye‑witness. The High Court upheld the conviction, finding that the injurie…

The Rajasthan State Electricity Board (RSEB) had booked railway rakes for coal transport in 1992 and paid Rs.3,56,69,671 by mistake, a liability that the Union of India expressly admitted. RSEB filed a writ petition in the Bombay High Court, which dismissed the petition on the sole ground that an alternative remedy exi…

C.N. Vasudevan, a Regional Passport Officer in Ahmedabad, was also assigned the duties of Protector of Emigrants under the Emigration Act, 1983. He filed an application before the Central Administrative Tribunal seeking an honorarium for the additional responsibilities, which the Tribunal granted; the High Court affirm…

Mahanagar Telephone Nigam Ltd. (MTNL) received a show‑cause notice from the Central Board of Direct Taxes and approached the Delhi High Court by filing a writ petition, despite a High Power Committee (HPC) having advised it to await an appealable order and not to approach the court. The Supreme Court held that the HPC’…

The case concerned employees in Greater Bombay who were appointed to ministerial posts without selection by the Maharashtra Public Service Commission (PSC). The State Government had issued a Resolution on 1 March 1974 allowing such non‑PSC employees to continue in service, but treating PSC‑selected employees who were a…

The plaintiff, Som Dev, claimed a right of pre-emption over a half‑share of immovable property, relying on a decree dated 10‑10‑1980 that recognised a family settlement whereby co‑owner Sheo Ram had relinquished his share in favour of the plaintiff and his brother. The defendants argued that the decree created a new ri…

The father of the parties gifted three plots of his ancestral property to his three daughters, but later revoked the gift and paid each daughter Rs.10,000 in cash. After the father's death, the sons partitioned the entire property among themselves, leading the daughters to claim the gifted plots. The dispute was referr…

The appellant, U.P. Co‑op. Spinning Mills Federation Ltd., had dismissed its Secretary/General Manager, Ram Pratap Yadav, for serious financial irregularities. Yadav challenged the dismissal, arguing that under Regulation 87 of the Uttar Pradesh Co‑operative Societies Employees Service Regulations, 1975, prior concurre…

The Rajasthan State Road Transport Corporation entered into an agreement with Indag Rubber Ltd. for a retreading plant and material, guaranteeing that retreaded tyres would achieve 46,000 km or 95% of the life of new tyres. The corporation alleged that the tyres failed to meet this guarantee and claimed compensation, w…

Crawford Bayley & Co., a firm of advocates, challenged the termination of its tenancy in a bank‑owned building and the subsequent show‑cause notice issued by an Estate Officer under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The firm argued that Section 3 of the Act and its second proviso, whic…

The State of Goa challenged an arbitral award granted to Mis. Western Builders. After the award, the State filed a petition under the Arbitration Act, 1940, which was dismissed on the ground that the Arbitration and Conciliation Act, 1996 governed the matter. The State then sought condonation of delay under Section 14 …

The Supreme Court examined a claim for compensation under the Railways Act, 1989 after a bona‑fide passenger, Smt. Abja, fell onto the tracks while trying to board a moving train and was run over. The issue was whether such a fall fell within the expression “accidental falling of a passenger from a train carrying passe…

The appellant, the State of Uttar Pradesh, challenged the Allahabad High Court's order granting bail to the respondent, an advocate charged with murder under IPC s.302 read with s.201. The High Court had allowed bail despite the offence being non‑bailable and the gravity of the crime, which involved the shooting of a c…

The landlord of an eight‑room building filed seven suits under Section 13(1)(f) of the West Bengal Premises Tenancy Act, 1956 seeking eviction of tenants for rebuilding. The trial court dismissed the suits for lack of proof of a bona‑fide rebuilding need and financial capacity, and the High Court affirmed the dismissal…

The Union of India appealed a High Court order that had granted relief to several OBC candidates, including the petitioner, who were denied appointments despite being recommended by the UPSC for the 174 OBC‑reserved vacancies. The respondents argued that OBC candidates selected on merit (i.e., without resorting to the …

The State of Uttaranchal advertised for Physical Education Teachers, specifying B.P.E. or a graduate with a diploma in Physical Education as the required qualification. Unsuccessful candidates challenged the selection criteria, alleging inconsistency with the U.P. Subordinate Educational (Trained Graduates Grade) Servi…

The deceased Gokul Singh was brutally assaulted and later died; a dying declaration identifying several assailants was recorded by Dr. A.S. Khan after the victim regained consciousness following glucose and saline administration. The trial court convicted three accused under IPC sections 302 and 34 based on this declar…

The State of Tamil Nadu charged Ravi @ Nehru under Section 376 IPC for raping a five‑year‑old girl. The victim recounted being taken to the accused's bedroom, stripped, and having his penis pressed against her genitalia, after which she fled crying. Medical examination of the girl revealed a ruptured hymen, while exami…

The State of Maharashtra issued a 1999 notification conferring on the Commissioner of Police, Brihan Bombay, the powers of a District Magistrate for purposes of sections 18 and 20 of the Immoral Traffic (Prevention) Act, 1956, to enable raids and evictions of brothels. The High Court struck down the notification as ult…

The Punjab Irrigation Department had temporarily assigned Current Duty Charge (CDC) to 20 diploma‑holder Junior Engineers (outstanding category) to perform the duties of Sub‑Divisional Officers (SDOs) under a proviso to Rule 5 of the 1941 Service Rules. The CDC was withdrawn in 2005, prompting the engineers to file wri…

Three brothers dissolved their partnership in 1987 but later disagreed over the division of immovable assets. After numerous letters seeking an amicable settlement, the last correspondence was dated 29 September 1989. The appellants filed a petition under Section 20 of the Arbitration Act, 1940 on 8 May 1992 to refer t…

The respondent, an Inspector of the Railway Protection Force, was suspended on allegations of misconduct and faced a departmental inquiry. He sought to have a friend assist him, but Rule 153(8) of the Railway Protection Force Rules, 1987 barred the friend from addressing the Inquiry Officer or cross‑examining witnesses…

Mis BSES Ltd. (now Reliance Energy Ltd.) awarded a captive power plant contract and issued four work orders to M/s Fenner India Ltd., which furnished four unconditional, irrevocable bank guarantees from State Bank of India. Under a "wrap‑around" agreement, BSES was entitled to encash the guarantees for any breach of th…

The respondent, a government servant in Rajasthan, was absent from duty for about three years without permission, claiming illness. A disciplinary enquiry found him wilfully absent and terminated his service under Rule 86(3) of the Rajasthan Service Rules, which mandates removal for such misconduct. The Rajasthan High …

The respondent, a Junior Management Officer of Bank of India, was found guilty of submitting inflated and false travel, lodging, boarding and halting allowance bills while on deputation and was compulsorily retired under the Bank of India Officer Employees (Conduct) Regulations, 1976. He challenged the retirement throu…

The case involved S.N. Goyal, a Branch Manager of State Bank of India, who was found guilty of temporarily misappropriating customers' funds. The disciplinary authority first recommended a reduction in pay, which the appointing authority tentatively approved but did not communicate. After consulting the bank’s Chief Vi…

The appellant K. Prabhakaran challenged the election of P. Jayarajan, who had been convicted of several offences and sentenced to 29 months of imprisonment, on the ground of disqualification under Section 8 of the Representation of the People Act, 1951. The trial court had ordered the sentences to run consecutively, ma…