K G BALAKRISHNAN

The I.I.T.T. College of Engineering, an unaided private institution, obtained AICTE approval for several engineering courses but faced repeated denial of university affiliation for its Information Technology (IT) program due to infrastructural deficiencies. The college admitted students to the IT course, leading the un…

The President, on the Governor's request, referred a reference under Article 317(1) of the Constitution to the Supreme Court to determine whether Shri Ashok Darbari, Chairman of the Chhattisgarh Public Service Commission, should be removed on grounds of misbehaviour. Four specific allegations were examined: irregularit…

The Supreme Court examined extensive illegal mining in the Aravalli Hills of Haryana, where numerous mines operated without environmental clearances, rehabilitation plans, or compliance with statutory reclamation requirements, causing severe groundwater depletion and ecological damage. The Court considered earlier orde…

Holiram Bordoloi, the appellant, was part of a gang that attacked the bamboo hut of Narayan Bordoloi, pelting stones, locking the door and setting it on fire, resulting in the deaths of Narayan and his six‑year‑old son, the latter being thrown back into the flames by the appellant. The appellant later dragged Narayan's…

The appellant Alakh Ram was charged under Sections 8 and 20 of the NDPS Act for allegedly planting ganja in his agricultural field. The police seized 17 ganja plants from the field and the trial court convicted him, imposing three years’ imprisonment, a decision affirmed by the High Court. On appeal, the Supreme Court …

The appellants were arrested after a Central Bureau of Narcotics raid seized 132 kg of opium and they were charged under sections 8 and 18 of the NDPS Act, 1985. Their bail applications were rejected and they were subsequently detained under section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psycho…

The Supreme Court examined writ petitions challenging the Governor's proclamation dated 23 May 2005 that dissolved the Bihar Legislative Assembly after the state had been placed under President's Rule on 7 March 2005. The petitions argued that the dissolution was unconstitutional because the assembly was kept in suspen…

Two senior translators of the Bombay High Court were accused of demanding bribes after a complaint by an advocate. An enquiry officer found them not guilty, but the disciplinary authority disagreed, issued a tentative decision, sought their explanations, and ultimately dismissed them. The appellants contended that they…

The petitioners, members of the Haryana Public Service Commission, challenged their suspension by the Governor of Haryana under Article 317(2) of the Constitution, arguing that they were denied a show‑cause notice and a hearing, thus violating natural justice. The Court examined the constitutional scheme governing remo…

The case concerned Hindustan Machines Tools Ltd., a public sector undertaking, which had introduced voluntary retirement schemes and later negotiated a settlement revising wages and service conditions. Clause 13 of the settlement linked payment of arrears (for the period 1‑Jan‑1992 to 31‑Mar‑1995) to a periodical revie…

Reliance Natural Resources Ltd. (RNRL) and Reliance Industries Ltd. (RIL) entered into a Scheme of Arrangement under the Companies Act, 1956, based on a family Memorandum of Understanding (MoU) between the Ambani brothers. RNRL sought enforcement of gas supply terms from RIL, alleging that the Gas Sales Master Agreemen…

The appellant, a mechanic, borrowed Rs 45,000 from the respondent, an engineer, and issued a post‑dated cheque for repayment. The cheque was presented but the bank returned it with a "payment stopped by drawer" memo after the appellant gave stop‑payment instructions. He failed to honour the cheque within the statutory …

In 2004 the President, on the advice of the Union Council of Ministers, removed the Governors of Uttar Pradesh, Gujarat, Haryana and Goa. A public‑interest writ petition was filed challenging the removals and seeking to read limitations into Article 156(1) of the Constitution. The Court held that the petition was maint…

The Supreme Court examined the validity of Rule 16(2) (and sub‑rules 3‑5) of the Civil Services Examination Rules, which allow meritorious candidates belonging to reserved categories (MRCs) who are placed in the general merit list to migrate to the reserved pool at the time of service allocation. The petitioners argued…

The Commissioner of Income Tax, Surat appealed against the order of the Income Tax Appellate Tribunal which had set aside a penalty imposed on Saheli Leasing & Industries Ltd. for concealment of income. The assessee had filed a return showing NIL income and claimed excessive depreciation, resulting in a loss, but the a…

Yogesh Ramchandra Naikwadi sought admission to a B.E. programme claiming Scheduled Tribe status (Mahadeo Koli). The Scrutiny Committee rejected his claim after verifying his caste certificate. He obtained a provisional admission through a High Court interim order treating him as an ST candidate, completed the course an…

The appellants' lands were acquired under the Land Acquisition Act, 1894 for an "Industrial Focal Point" in Punjab. After a notification on 7 May 1991, they filed objections on 13 June 1991; a Section 6 declaration was made on 18 March 1992 and the award was passed on 15 March 1994. The appellants challenged the acquis…

The respondent, a landlord, filed an eviction petition under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, seeking to recover a non‑residential shop for her husband's motor‑parts business. The appellant, the tenant, contended that he owned other shops and co…

The Noyyal River Ayacutdars Protection Association filed a PIL alleging that dyeing and bleaching units in Tirupur were discharging effluents that polluted the Noyyal River, the Orthapalayam reservoir and surrounding water bodies, rendering the water unfit for irrigation and drinking. The Madras High Court, as an inter…

The Anti‑Corruption Bureau investigated M. Adinarayana under the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income and for acquiring property without prior intimation, and referred the matter to the Tribunal for Disciplinary Proceedings (TDP). The TDP found him guilty of two …

The petitioners challenged the Members of Parliament Local Area Development (MPLAD) Scheme as unconstitutional, arguing that the allocation of funds from the Consolidated Fund of India violated Articles 266(3), 275, 282 and the principle of separation of powers, and gave MPs an unfair electoral advantage. The Court exa…

The petitioners challenged several amendments made by the Administrative Tribunals (Amendment) Act, 2006, including the abolition of the Vice‑Chairman post, the new qualification criteria for Administrative Members, the ten‑year total tenure limit (s.10A), differential service conditions for members appointed before an…

The Uttar Pradesh Public Service Commission (UPPSC) conducted three competitive examinations – the U.P. Civil Judge (Junior Division) Examination 2000, the Provincial Civil Services (Executive Branch) Main Examination 2001 and its Preliminary Examination 2002 – and applied a scaling formula to the marks awarded by four…

The Supreme Court examined an eviction dispute under the East Punjab Urban Rent Restriction Act, 1949, where a landlord who had migrated to the United Kingdom claimed NRI status and sought possession of a shop under Section 13‑B. The tenant argued that the landlord was not a genuine NRI, had not permanently returned to…

Seventeen persons were tried for offences including murder; five were convicted, and the High Court upheld the murder convictions of A1‑A4 under Section 302 read with Section 34. The appellants argued that the charge sheet did not specifically allege an offence under Section 34 and that the evidence did not identify wh…

The State of Orissa filed a suit under Article 131 of the Constitution seeking a declaration that the Borra group of villages belonged to it, asserting that the area was part of the Jeypore (Imparible) Estate transferred to Orissa in 1936. The State of Andhra Pradesh contested the suit, arguing that the disputed area w…

The Supreme Court examined the legality of land acquisitions undertaken by the Bangalore Development Authority (BDA) for the Arkavathi layout, focusing on whether the BDA Act required President's assent, was repugnant to the Land Acquisition Act, and complied with constitutional provisions under Parts IX and IX‑A. The …

The Supreme Court considered whether the involuntary administration of narcoanalysis, polygraph, and Brain Electrical Activation Profile (BEAP) tests for investigative purposes violates fundamental rights. The Court held that compulsory administration of these techniques violates Article 20(3) of the Constitution, whic…

The Oxford University Press India published a scholarly book titled “Shivaji: Hindu King in Islamic India” which contained a paragraph that offended certain historians, leading to a mob attack on a scholar and the destruction of manuscripts. The State of Maharashtra registered an FIR against the author, publisher and p…

The dispute concerned the seniority and appointment of the principal of Andhra Christian College, a minority institution, between appellant R. Sulochana Devi and respondent D.M. Sujatha. The Regional Joint Director (RJD) initially opined that another lecturer, Mr. P. Andrew, was senior, leading to his appointment as pr…

The State of Punjab prosecuted Rajesh Syal, former director of Golden Forest (India) Ltd, for fraudulently collecting public money and failing to return it, leading to multiple criminal cases in different courts under IPC sections 406, 420, 468, 471, 1208 and Punjab Reforms Act s.7(2). Syal filed applications under CrP…

The petitioners, members of the Uttar Pradesh Judicial Service, challenged the retrospective application of the Uttar Pradesh Higher Judicial Service Rules, 1953 (amended 2007) which altered the promotion and recruitment ratios for the Higher Judicial Service. They argued that vacancies that arose before 21 March 2002 …

On 17 November 1974, Baijnath Singh was killed after the appellant thrust a spear into his abdomen during an altercation. The Sessions Court convicted the appellant and a co‑accused under Sections 302 and 34 of the IPC for murder; the High Court later acquitted the co‑accused and reduced the appellant's conviction to S…

The Supreme Court examined the procedure for appointing the President of the Haryana State Consumer Disputes Redressal Commission under Section 16(1)(a) of the Consumer Protection Act, 1986, specifically the requirement of consultation with the Chief Justice of the High Court. The Court also considered whether the amen…

The State of Uttar Pradesh, facing a severe shortage of primary school teachers, introduced a two‑month special Basic Teacher's Certificate (BTC) training programme for B.Ed/L.T. candidates, reserving 50% of seats for women and imposing a restriction that applications be made only for vacancies in the candidate's home …

The State of West Bengal appealed against a Calcutta High Court order that granted exemption under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 and confirmed the sale of a sick company's excess land to a third party, despite pending winding‑up proceedings under the Companies Act, 1956. The Supreme Co…

Saul Chaturvedi filed a public interest writ petition under Article 32 alleging that several State Governments and local authorities had failed to implement Section 43 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which mandates preferential allotment of …

Mohannan filed a criminal complaint before a Judicial Magistrate alleging that Dr. Prabha G. Nair, a gynaecologist, was medically negligent, leading to the death of Mohannan's pregnant wife after delivery of a dead child. The magistrate took cognizance of an offence under Section 304-A of the Indian Penal Code. The doc…

Khanapuram Gandaiah, involved in multiple civil suits over land, sought under the Right to Information Act, 2005, the reasons why a judicial officer (Respondent No.4) had dismissed his miscellaneous appeal, alleging judicial dishonesty. His RTI application under Section 6 was rejected, and subsequent appeals before the…

The State of Andhra Pradesh appealed the acquittal of K. P. Rao, a Commercial Tax Officer, who had been convicted by a Special Judge for demanding a bribe under sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The prosecution proved that the complainant visited Rao's house, handed over Rs.20,000 a…

The petition, filed under Article 32 of the Constitution, sought the Supreme Court’s intervention to curb ragging in educational institutions by directing the Central Government to give wide publicity to the guidelines issued by the Court on 4 May 2001. The petitioner contended that the earlier order had achieved its s…

The Central Bureau of Investigation (CBI) sought transfer of two kidnapping‑murder cases involving an NSCN (IM) activist from the Chief Judicial Magistrate's Court in Ukhrul, Manipur to a CBI‑court in Delhi under Section 406 of the CrPC. The incidents involved the abduction and killing of three government employees, sp…

The appellant and respondent were parties to commercial transactions in which five cheques issued by the appellant were dishonoured, leading to criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881. After protracted litigation up to the Supreme Court, the parties reached a settlement and sought…

Two candidates who had cleared the written examination for the Delhi Higher Judicial Service filed writ petitions under Article 32, alleging that the High Court of Delhi illegally introduced minimum qualifying marks for the viva‑voce after the selection process had begun, thereby excluding them from the merit list. The…

The Supreme Court examined whether Section 14 of the Limitation Act, 1963, which excludes time spent prosecuting a proceeding in a wrong court, applies to an application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside an arbitral award. It held that while Section 5 of the Limitation Act…

The case concerned the interpretation of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 in a dispute over surplus land declared against the husband of the respondent, Rajeswari. The Authorized Officer had declared 3.06 standard acres as surplus, a decision upheld by the Land Commissioner. Rajeswari…

The petitioners challenged the prospectus of Maharshi Dayanand University for MD/MS/PG courses, alleging that the absence of reservation for Scheduled Caste and Scheduled Tribe candidates violated Article 15(4) of the Constitution. The High Court dismissed the writ petition and the appellants appealed to the Supreme Co…

The police conducted a night raid on the accused's house based on secret information and seized heroin, but failed to comply with the mandatory procedural requirements of Section 42 of the NDPS Act, including recording the information in writing and preparing a search memo. The trial court convicted the accused under S…

The appellant, a voter, filed an election petition seeking to declare the election of the first respondent, a legislator, void on four grounds: improper rejection of a dummy candidate’s nomination, acceptance of the respondent’s nomination despite a double entry in the electoral roll, acceptance of a Bahujan Samaj Part…

The appellants, manufacturers of pan masala and gutka, challenged state notifications issued under Section 7(iv) of the Prevention of Food Adulteration Act, 1954 that prohibited the manufacture, sale, storage and distribution of these products in the interest of public health. The questions before the Supreme Court wer…

Manorey, an agricultural labourer belonging to a Scheduled Caste, had cultivated a 2.45‑acre plot for 14‑15 years that was vested in the Gaon Sabha and later leased to others. He filed an application under Section 122B(4F) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 seeking protection of his possession a…

Awaz Prakashan Private Ltd closed its newspaper and retrenched reporter P.K. Pujari on 1 July 1989. The reporter claimed the retrenchment violated the Industrial Disputes Act, 1947 and obtained a Labour Court award for reinstatement with back wages. The employer later challenged the award, arguing that the Working Jour…

Girish Jayanti Lal Vaghela was appointed as a Drugs Inspector on a six‑month renewable contract from 1996, without a public advertisement or selection under the recruitment rules. When the UPSC advertised a regular selection in 2001, the upper age limit of 30 years (relaxable by five years for government servants) appl…

The Brihan Mumbai Electric Supply and Transport Undertaking (BEST) awarded contracts to Bennett Coleman & Co. Ltd. and Prithvi Associates for the modernization of bus queue shelters without inviting a fresh public tender, invoking the proviso to sub‑section (2) of Section 460M of the Mumbai Municipal Corporation Act, 1…

The petitioners, accused under the Prevention of Terrorism Act (POTA) and other offences, had their bail applications rejected by Special POTA Courts. The Supreme Court, upholding the constitutionality of sections 2(3) and 5 of the Prevention of Terrorism (Repeal) Act, 2004, deemed the POTA cases withdrawn. Consequentl…

The case concerned admission to medical colleges in Maharashtra under the MHT‑CET 2006 preference system. Respondent No.1, Sneha Satyanarayan Agrawal, was allotted a seat at GMC Yavatmal (merit rank 963) and claimed that higher‑ranked candidates (ranks 869 and 844) were improperly placed at IGMC Nagpur, depriving her o…

The State of Maharashtra appealed against a Bombay High Court judgment that had struck down sections 13‑16 of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) and the words “or under any other Act” in section 21(5) as unconstitutional. The Supreme Court examined whether the State could legislate on intercep…

Gurdev Singh and Satnam Singh were part of a five‑person gang that opened fire on a wedding feast and later on another house, killing 15 people and injuring eight. They were tried separately after absconding, convicted under IPC s.302 r/w s.149 and sentenced to death, a judgment affirmed by the High Court. The Supreme …

In a Rajya Sabha election, three candidates filed nominations; one candidate, Luis Alex Cardozo, withdrew his candidature before the election. The appellant filed an election petition alleging that Cardozo, after withdrawal, agreed to receive gratification to vote for the respondent, constituting a corrupt practice und…

The Supreme Court examined whether the State of Bihar could file an appeal under Section 378(1) of the Code of Criminal Procedure, 1973 against an acquittal rendered by a Special CBI Judge when the offence was investigated by the Delhi Special Police Establishment (CBI). The Court held that the opening words "save as o…

The Supreme Court examined appeals by several General Category candidates (Rakhi Ray & Ors.) who sought appointment as District Judges after the High Court of Delhi had filled 13 advertised General Category vacancies and left some reserved posts unfilled. The petitioners argued that 13 additional vacancies that arose d…

The Delhi High Court advertised 20 District Judge vacancies, reserving three for Scheduled Castes. Two SC candidates, Ramesh Kumar and Desh Raj Chalia, cleared the written test but were deemed unsuitable because they failed to obtain the prescribed minimum marks in the interview. They filed writ petitions under Article…

The appellant, a KSRTC bus driver, was injured in a head‑on collision with a private bus and claimed compensation. The Motor Accident Claims Tribunal held that both drivers were jointly negligent and apportioned liability 50:50, reducing the award accordingly. The High Court affirmed the negligence finding but increase…

The Supreme Court examined the murder of four family members allegedly committed by Ravi Virmani, who was convicted and sentenced to death by the Sessions Court and later to life imprisonment by the High Court. The prosecution's case relied mainly on the testimony of the two surviving brothers, without any independent …