M B SHAH

The appellant, a landlord, initially filed an eviction suit under the Karnataka Rent Control Act, 1961 on the ground of bona fide requirement, which he later withdrew after the tenant promised to vacate. When the tenant died and his son continued occupying the premises, the landlord filed a second eviction suit on the …

The appellant Gopi Nath was convicted of murder under Section 302 read with Section 34 of the Indian Penal Code for the killing of Ram Chandra, who was attacked by three accused armed with weapons. The appellant argued that he only inflicted a simple injury and should be liable only under Section 324, not for murder. T…

Mis. Polygas Acrylic Mfg. Co. Ltd. imported Methyl Methacrylate Monomer (MMM) described in the invoice as "regenerated second grade". The Customs Department rejected this description, issued a show‑cause notice alleging misdeclaration and claimed the goods were of prime quality, leading to provisional clearance on a lo…

The petitioner, a common carrier governed by the Carriers Act, 1865, filed a petition before the National Consumer Disputes Redressal Commission alleging loss due to the carrier's negligence. The issue was whether Section 9 of the Carriers Act, which places the burden on the carrier to prove absence of negligence, appl…

The Collector of Customs imposed a penalty on M/s Elephant Oil and Industries Ltd. for importing beef tallow, which was deemed a canalised item under the Import Policy. The importer argued that the Open General Licence (OGL) permitted the import and that the penalty was unwarranted after the goods were ordered to be re…

The Church of God (Full Gospel) used loudspeakers, drums and other musical instruments during its prayers, prompting a complaint by the K.K.R. Majestic Colony Welfare Association alleging noise pollution. The Tamil Nadu Pollution Control Board’s survey attributed most of the noise to vehicular traffic, but the Madras H…

R. Balakrishna Pillai, a former Kerala minister, was convicted under Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1947 for abusing his office to supply electricity to a private firm in Karnataka. He filed a criminal appeal before the Kerala High Court and subsequently moved a transfer petition in the …

The husband filed a contempt petition against his wife and her mother for violating an unconditional undertaking given to the Supreme Court that the child would be brought back to India and that they would appear before the Family Court when required. Despite multiple notices and adjournments, the wife remained absent …

The State of Himachal Pradesh enacted the Himachal Pradesh Taxation (On Certain Goods Carried by Road) Act, 1976 to levy a tax on goods transported by road. The Himachal Pradesh High Court declared the Act unconstitutional as a restriction on inter‑state trade under Article 301 and for lacking presidential assent under…

The plaintiff obtained an ex‑parte decree against the Charge Chrome Division of Orissa Mining Corporation before the division was taken over by the State of Orissa under the 1991 Ordinance. The State, not being impleaded, objected to execution of the decree on the ground that the decree was not binding on it. The Court…

The respondent, a former constable of the Border Security Force (BSF), resigned after 12 years and 8 months of service under Rule 19 of the BSF Rules, 1969. The Government of India, relying on a 1995 Government Order, granted him full pensionary benefits, which were not released, leading to a writ petition and subseque…

The case concerned a permanent mulgeni lease of about 40 cents of land granted in 1903 with an express clause prohibiting the lessee from alienating the whole leasehold property, but without any clause restricting partial alienation. After the lessee's death, the leasehold was partitioned among heirs and portions were …

The Supreme Court examined whether Dearness Allowance (DA), City Compensatory Allowance (CCA) and House Rent Allowance (HRA) paid to government employees fall within the definition of "salary" under Section 17 of the Income Tax Act, 1961 and are therefore taxable. The appellants argued that these allowances are merely …

Saurashtra Cement and Chemical Industries set up a new kiln in a new building on the same premises, using existing crushers, cranes, and other plant, and applied for exemption from electricity duty under the Bombay Electricity Duty Act, 1958. The statutory authority rejected the application, but the Gujarat High Court …

Marshall Sons & Co. (I) Ltd., the landlord, obtained a decree for eviction against four defendants for non‑payment of rent and unlawful sub‑letting. The decree was not executed, and the respondents continued to occupy the premises. The respondents later filed a declaratory suit claiming tenancy rights and the trial cou…

The North‑Eastern Tobacco Co. Ltd, after closing its earlier cigarette unit at Bangagarh under a disinvestment agreement, set up a new manufacturing unit at the Export Promotion Industrial Park in Amingaon in 1999 and sought exemption from central excise duty under the Exemption Notification dated 08‑07‑1999. The Centr…

The appellant alleged that his mother was murdered and the accused were charged under Sections 148, 149, 323, 449 and 302 of the IPC. The Sessions Judge closed the prosecution evidence because the appellant did not request further examination of witnesses. After the case was transferred, a new Sessions Judge recalled t…

The appellants were charged with murder and related offences under Sections 302, 307, 147, 148, 149 and 1208 of the IPC for an incident alleged to have occurred on 27 June 1977 in Badayun, Uttar Pradesh. The trial court acquitted all accused, holding that the prosecution failed to prove its case beyond reasonable doubt…

The appellant Safiya, wife of T.P. Moideen Koya, challenged his preventive detention under Section 3(1)(iv) of the COFEPOSA Act on grounds that the Advisory Board’s opinion revoking the detention of another accused in the same smuggling case was not considered, that there was an inordinate delay in disposing of his rep…

The Supreme Court examined whether an application under Section 28‑A of the Land Acquisition Act, 1894 must be filed within three months of the civil court’s award or from the date the applicant actually learns of the award. The land in question was acquired by a common notification, an award was passed in 1982 and enh…

Amina married Hassn Koya on 28 December 1972 while she was five months pregnant. The husband later claimed that the pregnancy had been concealed, rendering the Muslim marriage void and absolving him of maintenance liability under Section 125 of the Criminal Procedure Code. The trial magistrate held the marriage valid a…

The State of Madhya Pradesh appealed against a Madhya Pradesh High Court order that held video games in video parlours were not liable to entertainment tax under the MP Entertainments Duty and Advertisement Tax Act, 1936. The High Court had relied on the decision in Harrish Wilson v. State of MP, reasoning that the ent…

Roop Singh, the plaintiff, owned 15.32 acres of agricultural land and sued Ram Singh for illegal possession. The defendant claimed he had purchased the land 14 years earlier, sought protection under Section 53A of the Transfer of Property Act, and alleged title by adverse possession. The trial court dismissed his plead…

The case involved two accused, Surendra Singh Rautela and Mohd. Anis, who were convicted for murder and related offences arising from a daylight shooting motivated by a ransom demand. The trial court relied on the testimony of a sole injured eyewitness, Ranjan Singh, which was corroborated by his relatives and medical …

The State of Rajasthan appealed against an arbitration award that granted the contractor, M/s Nav Bharat Construction Co., interest of 18% on delayed payments. The contractor had also obtained a district court award of 15% interest, both of which were confirmed by the Rajasthan High Court. The appellant argued that the…

The deceased K.R. Patel and B.G. Amin were appointed executors and trustees under a 1962 will that directed payment of debts, conveyance of specific legacies, conversion of remaining assets into cash and donation to charitable purposes. The will created a public trust, which was registered in December 1964 after the es…

Hindustan Metal Pressing Works removed excisable goods at the prevailing duty rate while awaiting classification list approval to claim exemption under Notification No.175/86-CE. After the classification list was approved in June 1988, the Revenue granted a refund of excise duty for April‑August 1988. The Assistant Col…

The case arose from a partition suit involving 116 acres of land where, during the pendency of a first appeal, several appellants died. Substitution applications were filed after delays of 130 days, three years, and five years. The Patna High Court refused to condone the delay and set aside the abatement, holding that …

The appellant, a Technical Assistant with a superannuation age of 60, was offered promotion to Key Board Operator (KBO) on the condition that he could revert to his original post and retire at 60. The department neither accepted nor rejected this condition and later superannuated him at 58, the KBO retirement age. The …

The Supreme Court examined the sale of assets of Kolay Biscuits Co. Ltd., a company under liquidation, where the Company Judge ordered an auction as a going concern based largely on oral statements about 1,200 workers and a valuation report that was not disclosed to the secured creditor, Union Bank of India. The Court …

Amco Batteries Ltd., a manufacturer of lead‑acid batteries, obtained lead ingots from various sources, including job workers who reclaimed lead from waste and scrap sent by Amco. The waste and scrap were claimed to be exempt from excise duty under Notification 186/84‑CE (as amended by 246/87‑CE). The Central Excise aut…

Forbes Gokak Ltd. manufactured glass moulds with plastic gaskets for making ophthalmic lenses. The Central Excise authority classified the product under heading 70.15 of the Central Excise Tariff Act as "other articles of glass" and levied duty, while the assessee claimed classification under heading 84.80, which carri…

The appellant, a long‑time tenant, was forcibly evicted by the respondent landlord while an eviction suit was pending. The appellant filed a criminal complaint and, within six months, instituted a suit for restoration of possession under Section 6 of the Specific Relief Act, 1963. The trial court dismissed the suit; th…

The husband forced his wife to relinquish land given as stridhana, concealed her family’s mail, and, together with his parents, drove her out of the matrimonial home, leading her to commit suicide. The trial court convicted the husband under Section 498A IPC for cruelty and acquitted all accused of dowry death (Section…

Durga Prasad Bagla executed a 1917 Will bequeathing all his estate to his third wife, Mst. Durgi, using the term "puree malik" indicating absolute ownership. After Durga's death, Durgi adopted Kanhaiya Lal, whose later suit sought possession of the property and declared Durgi's subsequent Will and settlement deed in fa…

Gurial Singh applied for a Freedom Fighters Pension under the 1972 scheme on 13 March 1973, providing various documents to prove his service in the Indian National Army. His claim was initially rejected, later a provisional pension was granted in 1998 by both the State of Punjab and the Central Government. Unsatisfied,…

The Supreme Court examined the Calcutta Municipal Corporation Act, 1980, which imposes a consolidated property tax on owners and occupiers. Tenants, sub‑tenants and occupiers argued that they were denied participation in valuation, notice of assessment, and a meaningful right of appeal, especially where they were requi…

The State of Madhya Pradesh appealed the acquittal of Sardar, who had been convicted of murder under Section 302 read with Section 34 of the IPC. The High Court had set aside the conviction on the ground that, because two other accused had been given the benefit of doubt, Sardar should also receive the same benefit. Th…

The father of a minor girl lodged an FIR alleging that three men, including the appellants, had abducted her for rape. Police investigation found only one of the alleged persons, Prem Chand, involved and framed charges against him. During the trial, after the prosecutrix’s cross‑examination began, the public prosecutor…

The Subharti K.K.B. Charitable Trust sought to establish a dental college with an annual intake of 100 students, but the Dental Council of India (DCI) recommended only 60 seats, which the Central Government accepted. The Allahabad High Court issued a mandamus directing the DCI and the Central Government to permit 100 a…

M/s Sunny Industries Pvt. Ltd. manufactured an Ad‑vitamin Massage Oil Forte and claimed it to be a patent or proprietary medicine, seeking classification under tariff heading 30.03 (medicaments). The Assistant Collector and the Collector (Appeals) classified it as a cosmetic product under heading 33.04, a decision uphe…

The Agriculture Market Committee of Rajam, created under the Andhra Pradesh Agricultural (Produce & Livestock) Markets Act, 1966, levied a market fee on traders. The Rajam Jute and Oil Millers Association sued, claiming the Committee had not provided any facilities in the notified market area and therefore had no right…

The appeal involved two convicted persons: the first under Section 326 of the IPC (a non‑compoundable offence) and the second under Section 324 IPC (compoundable with court permission). Both parties sought to compound the offences after reaching a settlement. The Supreme Court held that Section 320(9) of the CrPC bars …

The petitioners, officers and supervisors of Indian Drugs and Pharmaceuticals Ltd (IDPL), a public sector undertaking declared a sick unit by the BIFR, sought direction to revise their pay scales and to receive three instalments of interim relief as recommended by the Fifth Pay Commission and mandated by the Ministry o…

Subash Parbat Sonvane, a public servant, was convicted by a Special Judge in Ahmedabad under Section 7 and Section 13(1)(d) of the Prevention of Corruption Act, 1988 for taking money from a complainant. The Gujarat High Court upheld both convictions. On appeal before the Supreme Court, the appellant contended that the …

The Punjab University Calendar contained Rules 5, 8 and 10 reserving certain posts in women’s colleges – principal, teacher and hostel superintendent – for women only. A writ petition challenged these provisions as violative of Articles 14, 15(3) and 16 of the Constitution. The Punjab and Haryana High Court held the ru…

The appellants, senior judicial officers of Uttar Pradesh, were ordered by the Allahabad High Court to retire compulsorily at age 58 after a screening committee found them unsuitable to continue in service. They challenged the order, contending that Rule 2 of the Uttar Pradesh Judicial Officers (Retirement on Superannu…

The Supreme Court examined whether the Central Government could grant permission to increase student intake or renew permission for medical colleges in contravention of Sections 10‑A and 10‑B of the Indian Medical Council Act, 1956 and the regulations framed by the Medical Council of India (MCI). The petitioners allege…

The Supreme Court examined whether the Central Government could grant permission to increase student intake or renew admission permissions for medical colleges without the colleges complying with the requirements of Sections 10‑A and 10‑B of the Indian Medical Council Act, 1956 and the regulations framed by the Medical…

The Government of Andhra Pradesh and a District Co-operative Central Bank appealed a High Court order that had quashed a criminal case against P. Venku Reddy for alleged acceptance of a bribe under the Prevention of Corruption Act, 1988. The High Court had held that Reddy was not a "public servant" within the meaning o…

An election for the post of Sarpanch of a Gram Panchayat was held. The appellant was orally told he had won, but the official result declared the respondent as the winner. The Sub‑Divisional Officer, on an ex‑parte order, recounted the votes and corrected a clerical error, declaring the appellant the winner. The respon…

Mahender Pratap, who lost a Legislative Assembly election by 161 votes, filed an election petition seeking a recount of votes on the ground of alleged irregularities in electronic voting machine counting and non‑compliance with Conduct of Election Rules 56A and 63. He claimed that his application for recount was filed …

The Union of India detained B. Sankar under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) for alleged hawala transactions involving Rs. 42.9 lakh. The Karnataka High Court set aside the detention, holding that the underlying offence under the repealed Fore…

The appellant Devender Pal Singh was arrested after being deported from Germany and recorded a confessional statement under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA). The Designated Court convicted him of offences under TADA and the IPC, including criminal conspiracy, and sentenced h…

Lehna was convicted of murder (Sec. 302 IPC), attempt to murder (Sec. 324 IPC) and assault (Sec. 458 IPC) for killing his mother, brother and sister‑in‑law and injuring his father and nephew during a family land dispute. The trial court sentenced him to death, which the High Court confirmed. On appeal, the Supreme Cour…

The State of Bihar and others entered into a contract with Jain Plastics & Chemicals Ltd. for the supply of PVC pipes and fittings, but the company delayed delivery, leading the appellants to terminate the contract and procure the fittings at a higher price. The appellants deducted the additional cost from the final pa…

Mrs. Har Kiran Commar filed a review petition under Section 48 of the Land Acquisition Act, 1894, seeking de‑acquisition of land on the ground that the acquisition proceedings against her were quashed, similar to the relief granted to her brother, Gurdip Singh Uban. The Court examined a letter dated 6‑Feb‑1996 issued t…

The Delhi Municipal Corporation repeatedly passed resolutions from 1970 to 1989 to transfer or sell municipal quarters to its employees, but each time the Municipal Commissioner objected. The Corporation was superseded three times, and eventually the Administrator, on the Lt. Governor’s direction, rescinded those resol…

The Karnataka Co-operative Society dismissed four employees for breach of trust and misappropriation of goods amounting to about Rs. 24,000. The employees' union raised an industrial dispute, and the Labour Court, after finding the charges proved, exercised its discretion under Section 11‑A of the Industrial Disputes A…

The case concerned the Karnataka Tax on Entry of Goods Act, 1979 and its amendment in 1993 which inserted the words "retrospectively or prospectively" in Section 3(1). The petitioners challenged the validity of the amendment for lack of the President's assent under Article 304(b) of the Constitution, and also questione…

The appellants applied for mini‑bus permits on the Dasuya‑Jalalpur via Miani route under the liberalised scheme of Section 80 of the Motor Vehicles Act, 1988. Their applications were rejected by the State Transport Commissioner, but the State Transport Appellate Tribunal (STAT) allowed the appeals and remitted the matt…

The Housing Board filed civil suits against contractor I.S. Mittal, and the court appointed a Superintending Engineer as arbitrator. The arbitrator was transferred during the proceedings but continued the arbitration and issued an award. The Board objected under Section 30 of the Arbitration Act, 1940, claiming the arb…

Flash Laboratories Ltd, a toothpaste manufacturer, sold 60% of its output to its holding company Parle Products Ltd and the remaining 40% to another subsidiary, Parle Biscuits Ltd. The Central Excise authorities issued show‑cause notices alleging that the three entities were "related persons" under Section 4(4)(c) of t…

The Andhra Pradesh State Electricity Board issued a 1985 memorandum promising appointment of eligible ex‑casual labourers to vacant posts, a right later affirmed by the High Court in a writ petition. In 1997 the Board issued another memorandum limiting such appointments to 50% of vacancies, and some ex‑casual labourers…

The Urban Improvement Trust, Udaipur sought to acquire land for a housing scheme under the Rajasthan Urban Development Act. The State of Rajasthan issued a notification under Section 4(1) of the Land Acquisition Act, 1894, first published in newspapers in 1990 and later in the official gazette on 4 June 1992. A declara…

The appellants, members of a co‑operative society, transferred five shares to other members via an instrument dated 31 March 1986. The Superintendent of Stamps treated the instrument as a conveyance of property and demanded stamp duty under Article 25(b)(i) of the Bombay Stamp Act, 1958. The Bombay High Court upheld th…

In 1988 a terrorist attack on Dr. Harnam Singh's house in Kurukshetra resulted in four deaths and several injuries. Fourteen accused, including Daya Singh, were tried under the Terrorist and Disruptive Activities (Prevention) Act and the IPC for murder and attempted murder. The trial court convicted Daya Singh on the b…

The State of Tamil Nadu appealed against a Madras High Court order that had quashed a preventive detention order issued on 2 August 1999 against Baskar and three others. The High Court had held the detention order vague because it allegedly did not specify the exact overt act attributable to each accused. The Supreme C…

The State of Tamil Nadu issued a preventive detention order against Balasubramaniam in 1999. The Madras High Court, hearing a habeas corpus petition under Articles 226 and 21 of the Constitution, quashed the order on the ground that the sponsoring authority’s affidavit mentioned six cases while the detention order refe…

The appellants, senior officials of Tata Construction & Projects Ltd, were sued criminally by Singh Construction Co. for allegedly misappropriating payment received from Bokaro Steel Plant for contract work. The complaint invoked IPC sections 403, 406, 420 and 1208, alleging dishonest conversion of money. The Chief Jud…

The appellant imported seven hard disk drives pre‑loaded with computer software. Customs classified the consignment under heading 84.71 of the Customs Tariff Act, 1975, attracting a 25% duty, whereas the appellant contended that the goods should fall under heading 85.24, attracting only 10% duty as computer software. T…

The appellant Rajinder Prasad filed applications before a Judicial Magistrate to add offence under Section 395 IPC and to implead four additional accused. The magistrate, invoking Chapter XIV of the Cr.P.C., allowed the applications and committed the case to the Sessions Court, which framed charges including Section 39…

The Supreme Court examined a dispute where Karnataka Electricity Board (KEB) entered into a written agreement with landowners to acquire 21 acres 14 guntas for a power station, agreeing to pay Rs 14,250 per gunta for two‑thirds of the land and to pay solatium fixed by the Land Acquisition Officer (LAO). The LAO issued …

Ranjit Singh, a stenographer of a High Court judge, forged a bail order that was never signed by the judge to obtain bail for an accused. He was convicted under IPC Sections 466 and 468 for making a false document and for forgery of a court record, while the Sessions Court granted him probation under Section 4 of the U…

The State of Uttar Pradesh appealed the Allahabad High Court's acquittal of five accused in a murder case arising from a factional clash. The deceased had given a dying declaration naming Ram Sewak as the shooter, which was corroborated by a promptly lodged FIR and eyewitness testimony. The trial court convicted all fi…

The Supreme Court considered the procedure for custody and disposal of property seized by police under Sections 451 and 452 of the Code of Criminal Procedure, 1973. The petitioners sought further directions on how seized items should be handled when the accused denies involvement and no physical article is recovered. T…

The Supreme Court, hearing a writ petition under Article 32 filed by environmental activist M.C. Mehta on behalf of a Monitoring Committee, examined the Taj Heritage Corridor project undertaken near the Taj Mahal. The Court found that construction and river‑bed reclamation work had commenced without the mandatory clear…

The petitioners, former officers of Indian Oil Corporation (Assam Oil Division) who retired before 1 December 1994, challenged a government notification dated 10 March 1995 that revised the pension formula only for officers retiring on or after that date. They argued that the cut‑off date was arbitrary and discriminato…

The Supreme Court examined the meaning of "family" under the Orissa Land Reforms Act, 1960 (as amended by President's Act 17 of 1973) in two contexts. It held that a married woman is an individual whose family consists of herself, her husband and their children, and therefore she is not a member of her parents' family …

The petitioners filed review applications under Article 137 of the Constitution seeking to set aside death sentences imposed by the Supreme Court in three criminal appeals. They argued that because one of the three judges on the bench had either acquitted the accused or suggested life imprisonment, the death penalty sh…

The dispute arose over the period for which interest under Section 234B (and related sections 234A, 234C) could be levied by the Income Tax Settlement Commission after an assessee disclosed previously undisclosed income under Section 245C. The revenue argued that interest should be limited to the date of regular assess…

The Revenue appealed against an order of the Income Tax Settlement Commission concerning Daman! Brothers' settlement application. The Supreme Court examined whether the Commission could waive or reduce interest under Section 220(2) while exercising powers under Section 245(4), whether assessment orders issued before th…

Kamala Devi Agarwal, a partner in a firm, complained that a deed of dissolution of the partnership had been forged, causing her son mental shock and the closure of his shop. She filed a criminal complaint under IPC sections 465, 467, 468, 471 and 120‑B. The trial magistrate found a prima facie case and issued summons. …

The appellant, Bantu (also known as Naresh Giri), was convicted under Sections 302 and 376 of the Indian Penal Code for the rape and murder of a six‑year‑old girl, Jyoti. The trial court and the Madhya Pradesh High Court sentenced him to death, holding that he had abducted the child, raped her, and caused her death by …

Mahesh Kumar Verma, a former railway employee, was allotted official accommodation while in service but failed to vacate after his retirement in 1984. The railway administration invoked Section 138 of the Indian Railways Act, 1890 to recover possession, but the Calcutta High Court set aside the order, holding that the …

Bharat Carbon and Ribbon Manufacturing Co. manufactured carbon paper, which was later classified as coated paper under Item 17(2) of the Central Excise Tariff, leading to a demand for excise duty for the years 1976-77, 1978-79 and 1979-80. The company challenged the levy by filing a writ petition but claimed a deductio…

The Delhi Transport Corporation (DTC) entered into a 1993 agreement with Rose Advertising containing an arbitration clause. A dispute arose and the contractor sought appointment of an arbitrator in early 1996; the arbitrator was appointed on 4 July 1996, after the Arbitration and Conciliation Act, 1996 had come into fo…

The complainant, Narendra Nath Khaware, filed a Special Leave Petition under Article 136 of the Constitution challenging the High Court's dismissal of the State's appeal against the acquittal of seven accused in the murder of his son, Diwakar Khaware. The Supreme Court held that a private person may invoke Article 136 …

ONGC entered into a contract with Saw Pipes Ltd for supply of casing pipes, making timely delivery essential and providing for liquidated damages of 1% per week (up to 10%) for delay. Saw Pipes failed to deliver on time due to a strike, sought an extension, and ONGC granted it on the condition that liquidated damages w…

The appellant, Mis. Somaiya Organics (India) Ltd., manufactured industrial alcohol and was initially exempt from a vend fee under the U.P. Excise Act, 1910. The exemption was withdrawn in 1979 and the company filed writ petitions; the High Court ordered it to give a bank guarantee and/or deposit amounts in a separate a…

The appellant, Maktool Singh, challenged the conviction and sentence imposed under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, seeking suspension of the sentence pending appeal. The High Court refused suspension, prompting an appeal to the Supreme Court. The Court examined whether Section 32A of th…

The appellant, a government servant, was convicted of murdering his wife and son at a picnic spot and sentenced to life imprisonment. He appealed to the Supreme Court claiming exemption under Section 84 of the Indian Penal Code, asserting that he was suffering from mental illness (moderate depression) and that the pros…

The landlord filed an eviction suit in 1976 after a shop was reconstructed in 1970. The tenant, Gian Chand, claimed he remained a statutory tenant under the United Provinces (Temporary) Control of Rent and Eviction Act, 1947, and argued that the exemption period of ten years under the U.P. Urban Buildings (Regulation o…

The State of Karnataka charged M. Devendarappa and another with forging bank guarantees and impersonating a bank manager, invoking IPC sections 465, 468, 471, 420 and 120‑B. The Karnataka High Court, exercising its inherent power under Section 482 of the CrPC, quashed the proceedings on the ground that there was no def…

In a case of gruesome carnage in Bihar that left 35 dead, the Designated Court convicted several accused under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Indian Penal Code based solely on a confessional statement of Bihari Manjhi recorded by a police inspector. The statement was taken…

The case concerned a mass‑caste massacre in Bihar in which 35 members of a community were killed and many others injured. Thirteen persons were charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Indian Penal Code; four were acquitted and the remaining nine were convicted, four o…

The Supreme Court examined the liability of Span Motels Pvt. Ltd. (SMPL) for constructing walls and bunds on the banks and bed of the River Beas, which interfered with the river's natural flow and caused environmental degradation. The Court affirmed earlier findings that SMPL's actions violated the public trust doctrin…

The petitioner was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after customs seized a large quantity of dutiable cell‑phones from his baggage at Chennai Airport. He claimed the goods were not his, that the customs statement was made under coerc…

The Commissioner of Central Excise challenged the CEGAT order that held an intermediate product prepared by Jagatjit Industries Ltd. from yeast, molasses and water was not liable to excise duty. The respondents bought fresh yeast, mixed it with molasses and water, and propagated it for use in the manufacture of potable…

The Airports Authority of India appealed a Gauhati High Court order that awarded compensation for cutting trees on its land using a multiplier of 18 years' yield. The appellant argued that the multiplier violated the Supreme Court’s decision in State of Haryana v. Gurcharan Singh, which limits the multiplier to eight y…

The Supreme Court entertained a writ petition under Article 32 seeking effective solid waste management in Delhi, noting that earlier directions in Dr. B.L. Wadhera v. Union of India had not been implemented. The Court observed that no landfill sites had been identified, compost plants were not constructed, and daily s…

Mis. Swil Ltd., a public limited company, filed an FIR alleging cheating and misappropriation by respondent No.2, J. Rajmohan Pillai. Although Pillai's name appeared only in column 2 of the charge‑sheet (for persons not sent for trial), the Metropolitan Magistrate issued summons to him along with the other accused. The…

Sukanya Holdings Pvt. Ltd. and J.H. Pandya entered into a partnership agreement that contained an arbitration clause. After the partnership fell into dispute, the respondent filed a suit for dissolution, accounts and other reliefs, including claims against purchasers of flats who were not parties to the partnership. Th…

The case involved five financial transactions between Maruti Udyog Ltd (MUL), a government company, and Harshad S. Mehta (A5), a broker, routed through banks. The CBI alleged that the accused conspired to divert MUL's surplus funds to A5 through fraudulent transactions. The Special Court convicted A1, A3, A4, and A5, a…

Alpine Industries manufactured a product called "Lip Salve" and supplied it exclusively to the Defence Department for use by military personnel at high altitude. The company claimed that the product was a medicament and should be classified under Heading 30.03 of the Central Excise Tariff Act, 1985, thereby attracting …

Kedia Agglomerated Marbles Ltd. manufactures floor tiles marketed under the trade names “Marbella Agglomerated Marble” and “Marbellam Tiles” and classifies them under tariff heading 68.07. Notification No. 59/91‑CE dated 20‑Mar‑1990 exempts “mosaic tiles, i.e., tiles known commercially as mosaic tiles” in that heading.…

The complainant challenged a High Court order that granted bail to one co‑accused (Irsan) in a murder‑related case, alleging that the order was laconic and failed to state reasons. The Supreme Court reiterated that the discretion to grant or refuse bail under the Criminal Procedure Code must be exercised with care, bal…

The appellants, settled abroad, filed a suit for declaration and possession but their advocate could not appear on the scheduled date due to a family emergency, and no notice of the next hearing was received. The trial court dismissed the suit for non‑prosecution and later dismissed two restoration applications under O…

The appellants were acquitted by a Sessions Court of murder charges under Sections 302 and 302/114 IPC. The State's appeal against the acquittal was dismissed by the High Court on a limitation ground, after which the informant filed a criminal revision under Section 401 of the CrPC. The High Court set aside the acquitt…

A news magazine sought permission from the Additional Sessions Judge to interview an under‑trial prisoner, Babloo Srivastava, in Tihar Jail. The Sessions Judge granted a blanket permission, which the High Court modified by imposing conditions that the prisoner must consent and the interview must not offend the court or…

The Supreme Court examined the constitutionality of Section 33B (also called Section 338) of the Representation of the People Act, 1951, inserted by the 3rd Amendment Act, 2002, which barred candidates from disclosing any information not expressly required by the Act despite Supreme Court directions. The Court held tha…

Easland Combines, a small‑scale manufacturer, had its classification list approved and claimed exemption under a notification. The Central Excise authorities later issued a show‑cause notice demanding differential duty, alleging a willful misstatement regarding its SSI registration. The Tribunal invoked the extended fi…

The case involved a dispute over agricultural land that led Prakash Dhawal Khairnar (Patil) to murder his brother, mother, sister‑in‑law and five other relatives. The prosecution relied on strong circumstantial evidence—motive, blood‑stained clothing, a shoulder injury, eyewitness identification, and the confessional s…

Mahendra Lal Das, an executive engineer, was charged under Sections 5(2) and 5(1)(e) of the Prevention of Corruption Act, 1947 for possessing disproportionate assets of Rs. 50,600. An FIR was lodged in 1988, but the investigating agency failed to obtain sanction for prosecution for more than 12 years, despite multiple …

The Supreme Court dismissed a public‑interest writ petition challenging the National Curriculum Framework for School Education (NCFSE) 2000 on the grounds that it was framed without consulting the Central Advisory Board of Education (CABE) and that it violated secularism and Article 28. The Court held that CABE is a no…

The appellant, K.G. Premshanker, sought to quash criminal prosecution on the ground that a civil suit for damages against him had been dismissed, and he argued that the civil judgment should prevail over the criminal case. The High Court rejected this plea and the matter reached the Supreme Court. The Court examined th…

The doctors filed a petition before the National Consumer Disputes Redressal Commission (NCDRC) alleging that a complaint of medical negligence against them should be dismissed or stayed, arguing that the case involved complicated questions of law and fact and that a nine‑year delay in disposal rendered the consumer fo…

The appellants were convicted by a trial court under Section 392 read with Section 397 of the Code of Criminal Procedure and sentenced to ten years’ rigorous imprisonment. They appealed to the Gujarat High Court, seeking suspension of the sentence, which was denied, and later also sought an expedited hearing of the app…

The appellants purchased a portion of land from Smt. Charanjit Kaur after the PEPSU Tenancy and Agricultural Lands Act, 1955 had been amended in 1956. The landowner held more than the permissible limit of 30 standard acres (equivalent to 60 ordinary acres) and had not applied for reservation of land under Section 5‑A w…

The appellant alleged that the respondents forged documents to withdraw large sums from a bank, invoking several sections of the Indian Penal Code. A magistrate took cognizance and issued process, but the respondents filed a petition under Section 482 of the CrPC seeking to quash the criminal proceedings, arguing that …

The Calcutta High Court ordered the winding up of Tirupati Woollen Mills Ltd and directed the official liquidator to sell its assets as a going concern. The initial reserve price was Rs.37 lakh, which was later raised to Rs.85 lakh and then to Rs.1.30 crore, with Divya Manufacturing Co. (P) Ltd being declared the highe…

Hyderabad Industries Ltd. and another imported asbestos fibre before 1986 and were demanded additional customs duty under Section 3(1) of the Customs Tariff Act, 1975. The appellants argued that the fibre, obtained by merely separating it from the parent rock, was not a manufactured article and therefore not liable to …

The State Transport Appellate Tribunal granted permits to certain applicants to operate mini‑buses on specific routes in Punjab. Existing private permit‑holders challenged the grant, and the Punjab and Haryana High Court set aside the tribunal’s order. On appeal, the Supreme Court examined whether the State Government …

The Punjab State Electricity Board and other state electricity boards appealed to the Supreme Court against an interim order of the Delhi High Court that virtually stayed the Central Electricity Regulatory Commission's (CERC) norms for hydro‑generation and inter‑state transmission tariffs. The appeal was filed under Se…

The appellants, who were initially appointed as ad‑hoc Inspectors of Drugs, sought regularisation under the U.P. Regularisation of Ad hoc Appointments Rules, 1979 and claimed seniority over directly recruited inspectors appointed by the State Public Service Commission under the U.P. Inspector of Drugs (Services) Rules,…

Baitarani Gramiya Bank submitted an original recruitment indent to the Banking Service Recruitment Board (BSRB) for Officers and Field Supervisors, but later pruned the indent due to a financial crisis and communicated the revised numbers before the examination results were declared. The BSRB refused to accept the revi…

The petitioners, including CEHAT, sought enforcement of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, alleging that the Central and State governments had failed to implement its provisions to curb sex‑selection and female foeticide. The Supreme Court examined the extent of n…

The appellant, the estate of the deceased Bhavsingh, claimed that a 1960 sale deed of agricultural land was a mortgage transaction for a loan and sought declaration of nullity under the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi‑Bhumi Dharkon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Ta…

Shri Bhagwan, a 20‑year‑old apprentice goldsmith, was convicted of murdering five members of Shiv Pratap's family and committing robbery and dacoity. The conviction was based on circumstantial evidence: he was seen with one of the deceased, sustained injuries, possessed blood‑stained clothing and stolen jewellery, and …

The respondents had executed a usufructuary mortgage in favour of the appellant and later claimed to be "debtors" under the Tamil Nadu Debt Relief Act, 1979. The dispute turned on the meaning of the expression "not less than Rs. 1200" in the proviso to Section 3(3) of the Act, which exempts persons whose property renta…

The Excise Inspector filed a complaint under the Kerala Abkari Act before a Judicial Magistrate, who, without examining any of the ten listed witnesses, committed the case to the Sessions Court because the offences were exclusively triable there. The accused later raised, during arguments, an objection that the magistr…

In a municipal council election with 424 voters, the quota for election was 213 votes. No candidate reached the quota, leading to successive rounds of elimination under the Conduct of Election Rules, 1961. The appellant, G.N.R. Dudhagaonkar, contended that 71 ballot papers, which were declared exhausted because they co…

The respondent filed a suit for specific performance of a land sale agreement. After the plaintiff's evidence was closed, the defendant (appellant) applied under Order 13 Rule 2 of the CPC for production of a land acquisition award, electricity bills, and a registered sale deed. The trial court rejected the application…

An FIR under Section 302 IPC was lodged in 1979, but the case was not listed before the magistrate for over ten years due to administrative lapses. The accused filed a writ petition seeking quashal of the prosecution, relying on the A.R. Antulay v. R.S. Nayak decision that prolonged delay could warrant dismissal. The P…

The Supreme Court examined the meaning of "consultation" under Section 3(1) of the Orissa Lokpal and Lokayuktas Act, 1995, which requires the Governor to appoint a Lokpal after consulting the Chief Justice of the Orissa High Court and, if any, the Leader of the Opposition. The Chief Minister had proposed three names; t…

The Modern Co‑operative Transport Society Ltd., a private passenger‑transport operator, challenged the Haryana Government's notifications appointing the State Transport Commissioner as Chairman of the Regional Transport Authority (RTA), arguing that Section 68(2) of the Motor Vehicles Act, 1988 bars any person with a f…

In the Karnataka Legislative Assembly election for the Bhalki constituency, Prakash Khandre was declared elected. Dr. Vijay Kumar Khandre challenged the result, alleging that Prakash Khandre was disqualified under Section 9A of the Representation of the People Act, 1951 because of subsisting contracts with the State Go…

Rishabh Agro Industries Ltd., ordered to be wound up by a High Court Single Judge for defaulting on a bank loan, obtained a stay of that order from the Division Bench. The company then filed a reference under Section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 before the BIFR and sought, under…

Motilal was arrested for possessing skins of protected wildlife under several provisions of the Wild Life (Protection) Act, 1972. The Central Government, invoking the Delhi Special Police Establishment Act, issued a notification and, with the consent of the Uttar Pradesh Government, transferred the investigation to the…

The Supreme Court examined the convictions of five appellants under Section 3(3) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for alleged conspiracy to commit terrorist acts, the recovery of large quantities of arms, ammunition and explosives, and related offences under the IPC, Explosive Substanc…

The appellant challenged the election of Subash Kallur, alleging that he was disqualified under Section 9A of the Representation of People Act, 1951 because a contract with the Karnataka Irrigation Department subsisted on the date of election (5 September 1999). Kallur contended that he had terminated the contract befo…

Dr. Kirpa Ram Mathur, appointed as Lecturer in Pathology in 1984, challenged a seniority list that placed him below Respondent No.4, claiming he had higher merit. After an initial government order in 1993 placed him senior, the High Court set aside that order and directed a fresh seniority determination under Rule 7(2)…

Rajathiammal, a female Hindu, acquired suit property from her maternal grandmother through a court‑sanctioned compromise decree. She died intestate and without issue on 1 July 1972. The appellant, V. Dandapani Chettiar, son of Rajathiammal's father, claimed that the property should devolve on the heirs of her father un…

The appellant, N.S. Nayak & Sons, challenged the High Court's dismissal of its appeals under Section 37 of the Arbitration Act, 1940, arguing that the Arbitration and Conciliation Act, 1996 should govern the appeals because the arbitration agreement referred to "the provisions of the Arbitration Act, 1940 or any statut…

The appellant was convicted of murder under Section 302 IPC after the dead body of the deceased was found near the Hati River. The prosecution relied solely on circumstantial evidence, such as the last sighting of the accused and the deceased together, recovery of blood‑stained clothing, the missing gold chain, and for…

The Supreme Court considered a Special Leave Petition filed by the U.P. Rajya Vidyut Parishad Apprentice Welfare Association challenging the applicability of an earlier Supreme Court direction that apprentices need not appear for examinations. The Court examined whether that direction was a general rule or limited to t…

M/s. Grand Prime Ltd. imported raw silk and other silk products into Kolkata using an advance licence that was later found to be forged and was subject to a condition of re‑export. The importer failed to comply with the re‑export condition, did not appear before customs, and did not file a bill of entry, prompting the …

The appellant, O.P. Bhatia, exported ladies' skirts and declared a value far above the domestic market price, subsequently claiming a large drawback. The Customs Commissioner found that the export value was deliberately over‑invoiced, treated the goods as prohibited, confiscated them and imposed a fine and penalty. The…

The appellant, Goaplast Pvt. Ltd., issued post‑dated cheques to the respondent and later instructed the drawee bank to stop payment before the dates on which the cheques became payable. The respondent filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, which was dismissed by the lower courts on…

The State prosecuted Surinder Mohan and others for murder and related offences. An accomplice, Sandeep Kumar, was granted pardon by the Chief Judicial Magistrate and his statement was recorded before the case was committed to the Sessions Court, but the accused were not cross‑examined at that stage. During the trial th…

Harjeet Singh, charged under Sections 302/34 and 307/34 of the IPC, applied for bail which was denied by the trial court but granted by a Single Judge of the Punjab and Haryana High Court. The State filed a separate application before another High Court judge seeking cancellation of the bail on the ground that the orig…

The respondent, KAJAD, was arrested under Section 50 of the NDPS Act with 7 kg of opium and charged under Section 18, an offence punishable with imprisonment of ten to twenty years. His bail applications were rejected by the trial court and initially by the High Court, but a later High Court order granted bail despite …

The Tamil Nadu Government dismissed about two lakh employees who went on strike, prompting the employees to file writ petitions under Articles 226/227 challenging the dismissals and the validity of the Tamil Nadu Essential Services Maintenance Act, 2002 and Tamil Nadu Ordinance No.3 of 2003. The High Court initially st…

The Collector of Central Excise challenged the claim of MODVAT credit by Mis. Escorts Mahle Ltd. for chemicals—Ramming Mass, Fibre Glass and Filter Mesh—used in the manufacture of steel pistons. The assessees argued that these chemicals are essential to neutralise acidic vapours generated during steel melting, without …

The Supreme Court examined whether a printed cigarette packet falls under “other packing containers” or “boxes” in Tariff Item No.17 of the Central Excise Tariff Act, 1985, and consequently whether Exemption Notification No.66/82 (dated 28‑Feb‑1982) applies. The Revenue argued that the packet is a printed box, excluded…

The appellant Mahendra Kumar filed a suit for partition of property with his mother, which resulted in a preliminary decree granting equal shares to mother and son, and a final decree after a document alleged the son had relinquished his share, giving equal shares to the mother and respondent No.1. Both parties appeale…

Gurbax Singh was seized carrying 7 kg of poppy straw in a polythene bag at a railway platform. A 100‑gram sample was taken and sealed in the presence of a witness, but the seal was later claimed to be wooden by the witness and brass by the investigating officer, and it remained with the witness for ten days. The trial …

The Union of India and others appealed against a decree passed by the High Court under Section 17 of the Arbitration Act, 1940 after an arbitrator's award, where the appellants had not filed objections within the prescribed 30‑day period. The High Court had held that such a decree was not an ex‑parte decree and therefo…

Venkatrao Joshi and his mother filed a partition suit against the father and his wife, alleging an illegal transfer of joint family land. The trial court issued a preliminary decree granting the appellants a two‑thirds share and held the transfer void; the decree became final after the father and wife’s appeal was dism…

The landlord Joseph Mathai filed an eviction petition under the Kerala Building (Lease & Rent Control) Act, 1965 on grounds of arrears of rent and bona‑fide need for reconstruction. The Rent Control Court initially dismissed the arrears claim but later allowed eviction on reconstruction; the tenant appealed, and the la…

The appellant, a widow of the original landlord S.N. Kapoor, sought eviction of the tenant under Section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide need for the premises. The Rent Controller held the claim not bona‑fide, and the Delhi High Court dismissed both the revision and the widow's applic…

The case involved a shoot‑out at J.J. Hospital in Mumbai on 12 September 1992, resulting in the murder of a prisoner and two police constables and injuries to several others. The accused – A‑2 (Jayawant Dattatray Suryarao), A‑6 (Subhashsingh Thakur) and A‑7 (Shamkishore Garikapatti) – were convicted under the Terrorist…

Mamta Anurag Sharma, an IPS officer of the West Bengal cadre, married an IPS officer of the Andhra Pradesh cadre and sought inter‑cadre transfer to her home state. The request was denied under the 1995 Government guidelines which forbid transfers to the spouse's home state on the ground of marriage. The High Court dire…

The appellant, a member of a Scheduled Tribe, claimed title to land that had been surrendered by his predecessor Nanda Oraon in 1942 to a landlord. He alleged that he was the adopted son of Sukhi Oraon and therefore succeeded to the land, filing a complaint that led the Special Officer under the Chhotanagpur Tenancy Ac…

The Food Corporation of India (FCI) entered into a contract with Sure... Transport Co. containing an arbitration clause (Clause XX) that referred all disputes to an arbitrator except matters whose decision was expressly provided for in the contract. Clause XII specifically excluded claims relating to transit loss, demu…

A partnership of four family members was dissolved and the partners' residual assets were allocated by an arbitration award dated 2 October 1972. Some partners objected to the award under Section 30 of the Arbitration Act, 1940, contending that the award needed to be registered under Section 17 of the Registration Act,…

A tragic fire at a mental asylum in Ervadi, Tamil Nadu, killed 25 chained patients, prompting the Supreme Court to take suo motu action under Article 32. The Court examined the failure of the Central and State governments to implement the Mental Health Act, 1987 and related disability statutes, noting that chaining of …

Mahesh Chand filed an FIR alleging forged sale deeds and trespass. The police investigation concluded the matter was a civil dispute and filed a case‑disposal report, which the magistrate accepted, leading to the dismissal of Chand's criminal complaint. After a protest petition was also dismissed, Chand filed a second …

The Bihar Public Service Commission (BPSC) conducted a competitive examination in 1983, declared the results in 1985 and later, after a two‑year gap, issued a show‑cause notice to Vinoy Kumar Singh alleging unfair means in the General Knowledge paper. The Commission cancelled his answer‑sheet and debarred him. Singh ch…

The appellant, Rajeev Chaudhary, was arrested for offences under IPC sections 386, 506 and 120B and was released on bail by a Metropolitan Magistrate under Section 167(2) of the Criminal Procedure Code because the charge‑sheet was not filed within 60 days. The Additional Sessions Judge set aside the bail, holding that …

The appellants, who were operating a factory manufacturing Mandrax tablets, were detained under the Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances Act, 1988. They challenged the detention on two grounds: that the order failed to inform them of their right to make a representation to the State…

The Supreme Court entertained a writ petition under Article 32 challenging the poor implementation of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, which aims to curb female foeticide. The petitioners, including CEHAT, alleged that neither the Central nor State Governments had eff…

The appellant, Narsingh Prasad Singh, filed a criminal appeal after his daughter was brutally beaten with a burning wooden stick by the respondents, Raj Kumar and others, for alleged dowry demand. The trial court convicted the respondents under Section 498-A of the Indian Penal Code and sentenced each to one year of ri…

The Supreme Court considered appeals by Oriental Insurance Co. Ltd. and other insurers against claims filed by Hansrajbhai V. Kodala and others under Section 163A of the Motor Vehicles Act, 1988 for lump‑sum compensation on a structured formula basis. The claimants had also sought interim compensation from the Claims T…

The State of Madhya Pradesh granted a D‑2 licence, in the form of a lease, to Mis. K.C.T. Drinks Ltd for manufacturing Indian Made Foreign Liquor. The licence contained a condition that the licensee pay the full cost of excise supervisory staff posted at its factory. The High Court struck down this levy, relying on the…

Nagappa, a poor agriculturist who lost his right leg in a road accident, claimed compensation under the Motor Vehicles Act, 1988. The Claims Tribunal awarded a modest sum, which the Karnataka High Court later enhanced and also ordered payment for an artificial leg. Nagappa then sought to amend his claim petition to inc…

The Supreme Court examined whether the Karnataka (Mysore) Land Acquisition (Extension and Amendment) Act, 1961 was repugnant to the central Land Acquisition Act, 1894 as amended in 1984, and whether a Special Deputy Commissioner could issue a acquisition notification without prior approval of the State Government as re…

The case concerned Ghulam Qadir's claim to a property that had been declared evacuee property and vested in the Custodian under the Jammu Kashmir State Evacuees (Administration of Property) Act, 1949. The original claimant, Sardar Begum, had filed a claim under Section 8, executed a will in favour of Qadir, and died; s…

The accused, armed with knives, entered a Harijan household at night intending to rape an 18‑year‑old girl. When she resisted, one accused (Tahir) stabbed her, causing her death, while the others inflicted knife injuries on her parents. The trial court convicted Jhinkoo Nai and Deep Chand under Sections 302/34 (murder)…

The appellants were charged under Sections 498‑A and 304‑B of the IPC for a dowry‑death. The Additional Sessions Judge granted them bail on 13 November 2000 without recording any reasons, prompting the father of the deceased to move the High Court, which cancelled the bail on the ground that the order was perverse and …

The Rajasthan Housing Board (RHB) was alleged by several homebuyers, including Parvati Devi, to have delayed construction, demanded additional payments and failed to hand over possession of allotted houses. The complainants filed a petition before the Monopolies and Restrictive Trade Practices (MRTP) Commission invokin…

The Central Bureau of Investigation (CBI) filed a charge sheet in a fraud case and later sought the Special Court's permission to produce additional documents that were gathered during the investigation but not submitted with the charge sheet. The Special Court rejected the application, prompting the CBI to appeal to t…

The deceased, a farm worker, disappeared after leaving for work and his body was later found drowned in a river. The accused, George, was found in possession of the deceased's watch and two gold rings, which he had pledged to others shortly after the disappearance. The prosecution relied on circumstantial evidence, inc…

The petitioners sought a direction under Article 32 of the Constitution to prohibit smoking in public places, arguing that passive smoking infringes the fundamental right to life under Article 21. The Court examined the harmful health effects of tobacco smoke, both for smokers and non‑smokers, and considered the object…

The employee, Shib Kumar Dushad, claimed that his date of birth recorded by his employer, G.M. Bharat Coking Coal Ltd., was incorrect and sought correction to extend his superannuation. The employer had referred the matter to its Medical Board, which, following the company's service rules and Implementation Instruction…

The appellant Vikas, his parents and sisters were charged with dowry harassment, torture and murder of Vikas's wife Neeta. The prosecution alleged that Neeta was taken from a relative's house on a motorbike, later found dead in a river, and that ornaments worn by her were recovered from Vikas's almirah. The trial court…

The Meghalaya State Electricity Board (MSEB) adopted a Government of Meghalaya memorandum on premature retirement of employees under Fundamental Rule 57(b) by passing Resolution No. 6 on 10 May 1989 and later issued an order compulsorily retiring Jagadindra Arjun. The employee challenged the order, and while a Single J…

The petitioners, representing workmen of Moser Baer Karamchari, challenged the constitutional validity of Section 327(7) of the Companies Act, 2013 and the waterfall mechanism under Section 53 of the Insolvency and Bankruptcy Code (IBC), alleging violation of Articles 14 and 21 of the Constitution. The Court examined t…

The Supreme Court examined whether the Election Commission could be directed to require candidates to disclose criminal cases, assets, liabilities and educational qualifications, as ordered by the Delhi High Court, despite the absence of a specific provision in the Representation of the People Act, 1951 or the Conduct …

The appellant, Raju, was accused of enticing an 11‑year‑old girl, Rinku, with toffees, raping her and subsequently striking her with two bricks when she threatened to disclose the crime, resulting in her death. The prosecution relied on eyewitness testimony, the appellant's extra‑judicial confession to a local resident…

The Intelligence Officer of the Narcotics Control Bureau recovered 18.7 kg of ganja from Shambhu Sonkar and charged him under Section 20(b)(i) of the NDPS Act. The trial court denied bail, but the Calcutta High Court granted bail, holding that Section 37 of the NDPS Act did not apply because the maximum punishment for …

The Deputy Commissioner of the Tamil Nadu Hindu Religious and Charitable Endowments Department modified a scheme of the Sri Bhavani Amman Temple under Section 45(3) of the Act, which the Madras High Court held to be beyond his jurisdiction because the scheme had been framed by a civil court under Section 64(5) and Sect…

The Food Corporation of India (FCI) imposed a minor penalty on two employees for alleged dereliction of duty that caused loss to the corporation. The employees denied the charges and challenged the penalty before the High Court, which held that a full departmental enquiry, as required for major penalties, was mandatory…

The Supreme Court considered two special leave petitions filed by police inspectors seeking directions on the custody and disposal of seized property such as valuable articles, vehicles, liquor and narcotic drugs. The petitioners argued that the prosecution could not seek remand of accused for evidence collection after…

The appellant, Dinesh Dutt Joshi, was accused of demanding a bribe for providing an electric connection. The trial court discharged him, but the Rajasthan High Court, invoking its inherent power under Section 482 of the Code of Criminal Procedure, set aside the discharge and ordered that charges be framed against him, …

The appellant, brother of the deceased's wife, was charged under Section 306 IPC for allegedly abetting the suicide of his brother‑in‑law, Chander Bhushan, by allegedly telling him to "go and die" during a quarrel on 25 July 1998. The deceased was found hanged on 27 July 1998 and left a suicide note indicating personal…

The Supreme Court had constituted a High Power Committee (HPC) to fix recovery norms for veneer extraction from timber and to levy penalties on units exceeding those norms. Units were required to submit their production records by 15 January 1998, but questions arose whether the HPC could impose a penalty larger than t…

In a Himachal Pradesh assembly election, Mahendra Pal (appellant) lost to Ram Dass Malanger (respondent) by three votes. The appellant claimed a discrepancy of eight votes between the total ballots recorded in Form 20‑A (35,310) and the round‑wise count (35,318) and sought a recount under Section 100(1)(d)(iii) of the …