M N VENKATACHALIAH

Texmaco Ltd. manufactured wagon bodies for the Railways and mounted them on wheel sets supplied free of charge by the Railways. Its invoices reflected only the price of the wagon bodies, excluding the wheel sets, and excise duty was paid on this invoice value. The Revenue demanded duty on the wheel sets, arguing that t…

Joginder Singh Wasu, the Advocate General of Punjab, was appointed under a 1953 notification fixing his fee at Rs 100 per civil writ or letters‑patent appeal. In 1975 the State issued an amendment reducing fees for batch cases and capping total fees at Rs 1,000. Wasu protested, submitted bills based on the original rat…

The respondent’s father died while serving as a Sub‑Inspector, and the respondent was appointed as a Lower Division Clerk on compassionate grounds. After accepting that appointment, he sought a promotion to Sub‑Inspector, which was denied, leading him to file a writ petition. The Rajasthan High Court Single Judge direc…

Ballarpur Industries Ltd. used sodium sulphate in its paper and paper‑board manufacturing process and claimed proforma credits under Notification No. 105/82‑CE. The Superintendent of Central Excise rejected the claim, holding that the chemical was burnt up and did not remain in the finished product, thus not qualifying…

Capt. V. Kumar filed a writ petition under Article 32 challenging the Lok Sabha’s voting on the impeachment motion against Justice V. Ramaswami. He alleged that his nine‑page communication to the Speaker was not circulated, that an oral whip to abstain was illegal, and that the Speaker should have compelled MPs to vote…

Shiv Chander Kapoor, the landlord, let the second floor of his building to Amar Bose for a three‑year limited tenancy under a permission obtained from the Rent Controller pursuant to Section 21 of the Delhi Rent Control Act, 1958, on the ground that the premises would be needed for his son’s marriage. After the tenancy…

The widowed wife of a deceased LIC employee and her son applied for employment on compassionate grounds after the employee's death. The corporation rejected the wife's claim due to her exceeding the age limit and rejected the son's claim citing a circular that barred compassionate appointments when any family member wa…

The petitioners, a coalition of cooperative societies running fair‑price ration shops and occupants of residential premises, challenged a State Government notice to vacate premises that had been requisitioned under the Bombay Land Requisition Act, 1948 more than four decades earlier. They argued that requisition could …

The Central Bank of India (appellant) had two suits in the Subordinate Court of Rangareddy, Andhra Pradesh, to enforce an equitable mortgage and recover expenses against Elmot Engineering Company (a limited company) and its directors. While the winding‑up petition against the company was pending, the Bombay High Court,…

The appellants, Mangilal and others, were convicted under IPC sections 147 and 307 and appealed to the Madhya Pradesh High Court. While the appeal was listed, the counsel were absent because lawyers were on strike, leading the High Court to dismiss the appeal for want of prosecution and to comment on the reasons for th…

The Chakma refugees, who migrated from East Pakistan to Assam in 1964 and were later shifted to the North‑East Frontier Agency (now Arunachal Pradesh) in 1966, were allotted land under a government resettlement scheme but subsequently occupied land donated by a local Raja inside a protected inner‑line area. The State d…

The Supreme Court clarified the method of computing the assessable value of processed fabric for Central Excise duty. It held that the assessable value equals the value of the grey cloth in the processor's possession plus the value of the job‑work performed and the processor's manufacturing profit and expenses, i.e., t…

Roshan Lal Ahuja, a former Draftsman in the Ministry of Defence, repeatedly challenged his reduction in rank, loss of benefits and dismissal from service through numerous writ petitions, all of which were dismissed. After receiving a monetary award of Rs 30,000, he filed another petition using highly abusive and scanda…

The Department of Telecommunications invited tenders for cellular licences in four Indian cities, leading to a two‑stage evaluation and the selection of eight operators. Several rejected bidders challenged the final list before the Delhi High Court, alleging bias (due to a member’s son working for a bidder), arbitrarin…

The appellant, Iqbal Singh, contested the 1992 Faridkot Assembly election and filed an election petition under Section 80 of the Representation of the People Act, 1951, alleging that the returned candidate and a party president conspired to induce another candidate to withdraw in exchange for his appointment as General…

Jagdish Singh appealed a High Court decree that ordered specific performance of a reconveyance agreement with Natthu Singh. The Supreme Court examined whether the High Court could re‑appraise evidence in a second appeal, whether unserved notices were deemed served, and whether compensation could replace specific perfor…

Shyam Singh obtained a Rs 34,000 loan from the State Bank of India for a tractor, mortgaging 22 acres of land. After defaulting, the bank invoked Section 10‑B of the U.P. Agricultural Credit Act, 1973 and the Tehsildar attached the tractor, whose estimated value exceeded the debt. Later, under Section 11‑A of the same …

The petitioner, Joginder Kumar, a 28‑year‑old advocate, was taken into police custody in Ghaziabad on the pretext of assisting with investigations and was not produced before a magistrate for five days. His brother’s inquiries revealed that the petitioner was being held in an undisclosed location, prompting a writ peti…

The Supreme Court considered two appeals arising from a dispute over a flat leased by Khandesh Spinning and Weaving Mills Ltd., which had gone into liquidation. The appellant, Smt. Nirmala R. Bafna, claimed a sub‑tenancy created in 1979 with the landlord’s oral consent and sought protection under the Bombay Rent Contro…

The Assistant Collector of Central Excise issued a show‑cause notice to Ramdev Tobacco Company in 1972 alleging unaccounted tobacco and later imposed a duty demand and penalty through adjudication proceedings. The company challenged the order, and the Andhra Pradesh High Court held that the proceedings were barred by t…

The Supreme Court entertained contempt proceedings against the Chief Minister of Uttar Pradesh, Kalyan Singh, and the State Government for wilfully disobeying its orders that prohibited any construction on a 2.77‑acre land in Ayodhya acquired under the Land Acquisition Act, 1894. The Court found that massive permanent …

The Commissioner of Sales Tax, Jammu & Kashmir filed review petitions challenging the Supreme Court's earlier decision in Pine Chemicals Ltd. that allowed dealers to claim the benefit of sub‑section (2A) of Section 8 of the Central Sales Tax Act based on exemption granted under Government Order No. 159. The core issue …

The case concerned lands occupied by respondents Nos.5‑15 since 1931. The Punjab Occupancy Tenants’ Vesting of Property Rights Act, 1952 became effective on 15 June 1951, vesting ownership in occupancy tenants. Although the tenants’ names were not entered in revenue records and they continued to pay rent until 1974, th…

The Supreme Court examined the constitutionality of the Acquisition of Certain Area at Ayodhya Act, 1993 and the Presidential reference under Article 143(1) concerning whether a Hindu temple existed before the Babri Masjid was built. The Court held that the Act was within Parliament’s legislative competence (Entry 42, …

The respondents bought 132 bighas of land in Theog, Shimla, surrounded by forest, to establish an apple orchard, which required felling of trees. They applied for demarcation; an Assistant Collector Grade II demarcated the land on 7 December 1987 and submitted a report stating that verification by a Senior Land Revenue…

The All India Judges Association sought to improve the service conditions of subordinate judges, prompting the Supreme Court to issue directions on uniform hierarchy, qualifications, retirement age, pay, allowances, accommodation and training. The Union of India and several states challenged these directions, arguing t…

M. Dayanand Reddy, a Class I contractor, entered into a contract with A.P. Industrial Infrastructure Corporation Ltd on 11‑December‑1986 for constructing a sewer line. When disputes arose, Reddy invoked an arbitration clause he claimed existed in Clause 3 of a copy of the agreement (Ex A‑3) that referenced the standard…

Anita Laxmi Narayan Singh married Laxmi Narain Singh in 1987. The husband filed a divorce petition under Section 13 of the Hindu Marriage Act in Bombay. The wife, residing in Ghaziabad, had to travel long distances to defend herself and applied for interim maintenance and travel expenses. The Supreme Court directed the…

Six persons were tried for a violent assault on 24 December 1986 that resulted in the death of Suku. The trial court convicted all under various IPC sections, including murder (302) read with Section 149, and the High Court later acquitted two accused while confirming the others. On special leave, the Supreme Court was…

Sarojini Tea Co. Ltd., a tea plantation, had 1,650 bighas of land declared excess under the Assam Fixation of Ceiling on Land Holdings Act, 1956 and was awarded compensation of Rs.71,811 calculated on the "full rate of annual land revenue" but excluding surcharge and local rates. The District Judge enhanced the compens…

Ranjit Singh was convicted of murder in 1979 and sentenced to life imprisonment. While on parole he committed a second murder in 1980, for which the Supreme Court in 1983 sentenced him to another term of life imprisonment, directing that the second sentence would not run concurrently with the first and that any remissi…

Engineers India Limited, acting as consultant for the Oil and Natural Gas Commission (ONGC), advertised a tender for a Kerosene Recovery Processing Unit in newspapers across India, including West Bengal. NICCO, a company with its registered office in Calcutta, learned of the tender, submitted its bid and subsequent rev…

The assessee, a Hindu Undivided Family, challenged the valuation of its residential properties for the assessment years 1977-78 and 1978-79, contending that Rule 1BB of the Wealth Tax Rules, 1957 (effective 1 April 1979) should be applied even though the assessments were made after the rule’s introduction. The Revenue …

The Central Government, relying on expert opinion, issued a notification on 3 November 1988 under Section 26A of the Drugs & Cosmetics Act, 1940, to prohibit the manufacture and sale of fixed‑dose combinations of corticosteroids with any other drug for internal use, citing public‑health risks in asthma treatment. Sever…

Maniyeri Madhavan, a journalist, alleged that Kerala police assaulted him and his newspaper office and sought an impartial investigation. The Kerala High Court directed a Deputy Inspector General to investigate, but the investigation stalled and the Supreme Court, exercising its Article 142 jurisdiction, ordered the CB…

The Supreme Court examined the validity of a series of notifications fixing the price of levy sugar under the Essential Commodities Act, 1955. Sugar manufacturers contended that the Government had not taken into account the four factors prescribed in Section 3(3C) – minimum cane price, manufacturing cost, taxes and a r…

The case concerned the promotion of diploma holders and science graduates employed in Indian Ordnance Factories. The Central Administrative Tribunal had treated all initial appointments as if they were to the post of Supervisor Grade‑A and directed that, on two years of service as Supervisor‑A, the employees be promote…

The appellant, who had appeared for the All India Post‑Graduate medical entrance examination of 1992, was not allotted any seat despite having higher marks than some candidates who were later admitted in Kerala. After the first, second and third admission lists were issued, the remaining vacant seats were surrendered t…

The respondents, students of the DHMS diploma course, failed several subjects, re‑appeared and eventually passed the first, second and third year examinations, but the Council of Homeopathic System of Medicine refused to allow them to sit the third‑year exam because they had not completed a full one‑year period of stud…

The dispute concerned jewellery belonging to two trusts created by the Nizam of Hyderabad. An arbitration award directed the Union of India to pay Rs 180 crore to purchase the items, which was challenged by the Union and the trustees under Sections 15 and 16 of the Arbitration Act, 1940. Public‑spirited intervenors fil…

The case concerned 173 items of jewellery belonging to the Nizam of Hyderabad, held in two trusts, which the Union of India sought to purchase under the Antiquities and Art Treasures Act. The parties entered a compromise agreement to resolve all disputes by arbitration, and the umpire fixed a just price of Rs 225,37,33…

N.P. Dhamania, an officer of the Indian Telecommunication Service, was recommended for promotion to Senior Administrative Grade Level‑II by the Departmental Promotion Committee (DPC). The Appointments Committee of the Cabinet (ACC) returned the panel for a "rigorous review" and subsequently excluded Dhamania and four o…

The Sub‑Committee on Judicial Accountability filed a suo motu criminal contempt petition against Justice V. Ramaswamy, alleging that a letter he wrote to the Enquiry Committee under the Judges (Inquiry) Act, 1968 contained sweeping allegations against judges and the judiciary. The petition invoked Section 15 of the Con…

The Uttar Pradesh Awas Evam Vikas Parishad (the Board), a statutory body acquiring land for a housing scheme, was not impleaded in the compensation proceedings before the tribunal and the High Court. The land owners challenged the compensation awarded, leading to enhanced awards by the High Court, which did not include…

The petitioners, instructors under Haryana's Adult and Non‑formal Education Scheme, sought contempt proceedings against the State of Haryana and the Union of India for allegedly failing to pay arrears as directed by the Supreme Court on 2 June 1988, which required them to receive pay on par with squad teachers. The Cou…

The petitioners, an employee of a private‑sector firm and a trade union, challenged the constitutional validity of clause 10‑C inserted by the Finance Act, 1987 into section 10 of the Income‑Tax Act, 1961, which grants tax exemption on voluntary‑retirement payments only to employees of public‑sector companies. They arg…

Morgan Stanley Mutual Fund, a SEBI‑registered domestic mutual fund, sought to issue a public fund scheme after obtaining SEBI approval for its draft scheme and advertising the issue. A prospective investor filed a petition before the Calcutta District Consumer Disputes Redressal Forum seeking an ex‑parte injunction res…

The appellants owned several parti lands on which they constructed godowns and let them to the Food Corporation of India. The Bhagalpur Municipal Corporation revalued the holdings under Section 107 of the Bihar and Orissa Municipal Act, 1922, increasing the letting value from Rs.2 to Rs.10 per holding and issued demand…

The petitioners, wholesale liquor traders, challenged several Karnataka excise rules and a Kerala government order, alleging that they violated their fundamental right under Article 19(1)(g) to carry on trade or business in liquor and were inconsistent with Articles 14, 47, 300A, 301 and 304. The Constitution Bench was…

The Delhi Domestic Working Women's Forum filed a public interest litigation under Article 32 on behalf of four tribal domestic servants who were sexually assaulted by army personnel on a train, seeking a scheme for compensation and rehabilitation. The petition argued that the National Commission for Women (NCW) should …

The Supreme Court examined the constitutional validity of Section 3(c) of the Delhi Rent Control Act, 1958 (as amended in 1988), which excludes premises with a monthly rent exceeding Rs 3,500 from the Act’s protection. The appellants argued that the classification was arbitrary, violated Article 14, and was retrospecti…

The Madhya Pradesh Public Service Commission advertised for Presiding Officers of Labour Courts, requiring a minimum of five years' practice as an advocate under Section 8(3)(c) of the Madhya Pradesh Industrial Relations Act, 1960. Because of a large number of applications for four general‑category posts, the Commissio…

Ten non‑Greek seamen of the foreign vessel M.V. "Vali Pero" sued the ship’s owners for unpaid dues. The defendants’ witnesses were examined on commission, but their depositions lacked the witnesses’ signatures, a requirement under Rule 4 of the Calcutta High Court Rules, 1914. The Calcutta High Court held the omission …

The appellant, Bindeshwari Ram, an Assistant Conservator of Forest, challenged a seniority list that placed several promoted colleagues (respondents 7‑12) above him, relying on a cabinet memorandum that purportedly granted him higher seniority. The matter hinged on Rule 35 of the Bihar Forest Service Rules, 1953, which…

The appellants, importers of PVC resins and aluminium products, relied on government notifications under Section 25(1) of the Customs Act, 1962 that exempted their goods from customs duty up to a specified date. The Central Government later issued withdrawal notifications before the expiry dates, citing changing market…

The President of India referred a matter under Article 317(1) of the Constitution to the Supreme Court, seeking an inquiry into allegations of misbehaviour against Shri M. Megha Chandra Singh, Chairman of the Manipur Public Service Commission, including tampering with examination papers and taking a bribe. While the re…

The petitioners, Sikh victims of the November 1984 riots, had received loans from nationalised banks that were promised to be converted into grants, but the banks later began recovery proceedings. They argued that the right to livelihood under Article 21 of the Constitution barred such recovery and sought inclusion of …

The Committee of Management of Pachaiyappa's Trust (the appellant) challenged a lease of a 5.65‑ground plot vested in the Official Trustee of Madras that had been granted to a partnership (respondent No.2) for a 30‑year term. The High Court, exercising its supervisory jurisdiction under Section 25 of the Official Trust…

Renusagar Power Co. entered into a contract with General Electric for the supply of equipment for a power plant, which later gave rise to disputes and an ICC arbitration. The arbitral tribunal awarded US$12,215,622.14, including regular interest, delinquent interest, compensatory damages, and costs. Renusagar challenge…

Ms. Sheela Barse, a social activist, filed a writ petition under Article 32 alleging that numerous children and adults in West Bengal were being committed to jails as “non‑criminal lunatics” without proper medical assessment, thereby depriving them of liberty and subjecting them to inadequate care. The State of West Be…

The Supreme Court entertained a writ petition under Article 32 seeking relief for delinquent children detained in regular jails, in light of the Juvenile Justice Act, 1986. The Court noted that earlier reports from District Judges showed significant numbers of juveniles in regular jails across several states and that t…

The Supreme Court dealt with a petition challenging an ex‑parte interim order that barred the performance of the Chunri ceremony in Sri Rani Satiji's Mandir and directed that all collections be deposited in a nationalised bank. The petitioners, All India Democratic Women’s Association and Janwadi Samiti, argued that th…

The appellant, a small‑time tradesman, was convicted under the Prevention of Food Adulteration Act, 1954 for selling "Kesari coloured sweet supari sali" adulterated with a yellow basic coal‑tar dye. He argued that "supari" (betel nut) should be treated as a "fruit‑product" or a "flavouring agent" under Rules 23, 28 and…

The appellant, a landlady, sought eviction of the tenant on grounds of rent arrears and a claim to demolish the shed. After the Rent Controller ordered eviction only on rent default, the landlady obtained a reversal of the bona fide need finding on appeal, prompting the tenant to file revisions under Section 20 of the …

The petitioners, holders of National Trade Certificates (NTC), claimed that the State of Rajasthan's recognition of NTC as equivalent to the Basic School Training Certificate (BSTC) entitled them to appointment as primary school teachers in Panchayat Samiti schools. The High Court had allowed this claim, invoking promi…

The Union of India sought to set aside an award that granted solatium (15%) and interest (6%) in a land acquisition case under the Requisitioning and Acquisition of Immovable Property Act, 1952. The land, requisitioned for defence, was initially compensated at Rs 10 per square yard; the Arbitrator raised it to Rs 15 an…

The West Bengal Government, under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970, issued a notification on 9 February 1980 prohibiting contract labour in several departments of M/s Indian Iron & Steel Co. Ltd., but expressly excluded the job of loading and unloading bricks in the brick depart…

The petitioners challenged a bye‑law framed by various Zila Parishads under Section 239(2)(E)(a) of the Uttar Pradesh Kshetra Samiti and Zila Parishads Act, 1961, which required that the right to trade in carcass utilisation be awarded by public auction. Lower courts struck down the auction provision as creating a mono…

Lipton (India) Ltd., a vanaspati manufacturer, sought a refund of sales tax paid on imported oil purchased from the State Trading Corporation (STC) for the period Dec 1984‑May 1988. The refund claim was based on the Parmeshwaran Committee formula, which required reimbursement of tax "subject to furnishing necessary dec…

The State of Rajasthan and Puri Construction Co. Ltd. entered into a dam‑construction contract containing an arbitration clause. Disputes were referred to two retired judges as arbitrators, who awarded Rs 1 crore in favour of the contractor. The State challenged the award on grounds of arbitrator misconduct (one arbitr…

The petitioner, Digvijay Mote, filed a public‑interest writ petition alleging that the electoral process in India was distorted, citing the absence of representation from Assam and Jammu & Kashmir in successive Lok Sabhas. He sought sweeping reliefs including staying the functioning of the existing Lok Sabha, restraini…

Smt. Thakamma Mathew sold a property to M. Azmathulla Khan and later cancelled the agreement when the sale was not completed by the stipulated date. She sued for cancellation, possession and damages. The trial court cancelled the agreement and ordered restitution and damages. The Karnataka High Court, invoking Order 7 …

The Shri Yovan, India Cements Employees Union challenged the termination of about 300 contract workers employed through contractors of India Cements Ltd., arguing that they should be made permanent employees. After conciliation failed, the Tamil Nadu Government issued a notification under Section 10(1)(c) of the Indust…

The petitioner, Inder Singh, filed a habeas corpus petition under Article 32 of the Constitution seeking the release of seven of his relatives who were allegedly abducted by a senior police officer, Baldev Singh, D.S.P., and six other policemen in October 1991. The victims remain untraced; a FIR was lodged only in Marc…

The first respondent, a private transport operator, filed a writ petition in the Madras High Court challenging the scheme of nationalisation under Section 68(d) of the Motor Vehicles Act, 1939. The High Court allowed the petition and the appellant, the Managing Director, filed a timely writ appeal, while the State of T…

The Registrar of Co‑operative Societies (appellant) was directed by the Tamil Nadu Government to discipline Joint Registrar F.X. Fernando (respondent) for alleged irregularities. The vigilance department delayed its inquiry, after which the Government amended Rule 12 of the Tamil Nadu Civil Service (Classification, Con…

The Supreme Court heard a civil appeal concerning the Bhopal gas leak disaster, where Union Carbide Corporation (UCC) sought to resolve all claims arising from the tragedy. After reviewing extensive evidence, including data from U.S. courts and settlement negotiations, the Court deemed a comprehensive settlement approp…

The Supreme Court examined whether a government cash subsidy, granted as a percentage of an industrial asset's capital cost, could be deducted from the "actual cost" of the asset under Section 43(1) of the Income‑Tax Act, 1961 for the purpose of computing depreciation under Section 32. The Court noted a split among Hig…

M/s Pankaj Jain Agencies, an importer of ball bearing components, challenged Notification No. 142/86-Cus., issued under Section 25(1) of the Customs Act, 1962, which reduced an earlier exemption and raised customs duty on its imports. The petitioners argued that the notification was not in force at the time of import, …

The appellants, Jain Exports Pvt. Ltd. and others, imported two consignments of refined industrial coconut oil in 1982 under an Open General Licence, but the 1980‑81 Import Policy listed coconut oil as a canalised item that could be imported only through the State Trading Corporation. The Customs Collector ordered conf…

The Supreme Court examined the application of Silas Nelson, who sought migration from an unrecognised medical college in Dar‑es‑Salam to a recognised Indian medical college. The Medical Council of India (MCI) had rejected the migration, finding insufficient grounds and lack of equivalence, a decision the High Court lat…

The appellant, Rattan Lal Sharma, a principal of Dr. Hari Ram Higher Secondary School, was suspended and charged with twelve offences, including the alleged misuse of Rs.129.37 from an amalgamated fund. An enquiry committee of three members, including Shri Maru Ram, was constituted; Maru Ram also acted as a witness for…

Dr. A. Franklin Joseph, a registered medical practitioner, was second on the waiting list for a Diploma in Diabetology seat that became vacant when the All India Quota seat was returned to the State. The State filled the vacancy with a service candidate who had lower marks (71.50%) than Dr. Joseph (76.75%), invoking a …

The Jalgaon Municipal Council, having received a gift of land, sought to develop it by constructing an administrative building, a vegetable market and a commercial complex on a self‑financing basis, appointing a private developer (Respondent No. 6) to execute the project and to dispose of occupancy rights for a fee. Re…

Frick India Ltd. and another challenged the levy of interest on purchase tax under the Haryana General Sales Tax Act, 1973 (and the Central Sales Tax Act, 1956) through a writ petition under Article 32 of the Constitution. The petitioners argued that the interest collected was unlawful and should be refunded. The Court…

The National Power Transmission Corporation (NPTC) was created to take over assets and employees of several generating corporations, including the National Thermal Power Corporation (NTPC). NTPC and the Government issued instructions and a circular effecting the transfer, which the Corporate Executive Association of NT…

The Supreme Court reviewed a judgment of the Central Administrative Tribunal (New Delhi) in Union of India v. Harnam Singh, wherein the Tribunal had decided the case through a single member. The Court observed that, in view of the earlier decision in Amulya Chandra Kalita's case, the matter should perhaps be remanded f…

The case concerned IFS officer Chandra Gupta, who was superseded for promotion because of adverse entries in his confidential reports. After those entries were expunged in a special review, Gupta was promoted to Chief Conservator of Forests, but other officers who had earlier been promoted contested his seniority. The …

The bench examined whether the additional compensation provision (Section 23(1‑A)) inserted by the Land Acquisition (Amendment) Act, 1984 applies to acquisition proceedings that were pending before the reference court on 24 September 1984, regardless of when the Collector’s award was made. The majority held that Sectio…

The landlords leased agricultural land to the respondents for ten years (1950‑60). After the lease expired, the landlords sought possession under the Bombay Tenancy and Agricultural Lands Act, 1948, but the application was dismissed because the land was only natural grass. They then terminated the tenancy under the Lan…

The Supreme Court was asked to clarify whether Kerala's Judicial Service Rules, which require five years of standing at the Bar for appointment to the lowest judicial rung, complied with its earlier directive that a minimum of three years of legal practice is essential for recruitment. The State of Kerala filed Interlo…

The petitioners, aggrieved by a change in university examination dates, filed writ petitions before the Jammu & Kashmir High Court. After the High Court dismissed the petitions, the petitioners allegedly attempted to assault the Assistant Controller of Examinations outside the courtroom, leading the High Court to initi…

Universal Hydrocarbons Co. Ltd. purchased raw petroleum coke (RPC) and, after a manufacturing process, produced calcined petroleum coke (CPC). Sales tax was levied on the sale of CPC under the Bihar Finance Act, 1981 and the Central Sales Tax Act, 1956. The company claimed a refund under Section 15(b) of the Central Sa…

Dr. Jeevak, an unsuccessful candidate in the All India Entrance Examination for postgraduate medical seats, filed a writ petition seeking to declare clauses 11 and 15(g) of the bulletin illegal, to quash the list of successful candidates, and to obtain a mandamus directing his admission to the unfilled 25% reserved sea…

The Supreme Court examined the constitutional validity of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) and the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA), both placed in the Ninth Schedule. It held that Parliament was compe…

The Lions Club organized an eye‑camp in Khurja, Uttar Pradesh, inviting Dr. R.M. Sahay to perform cataract surgeries. Post‑operative intra‑ocular infections rendered many operated eyes permanently blind. Two social activists filed a public‑interest writ petition under Article 32 seeking compensation for victims, an inq…

The Supreme Court examined the constitutional validity of Section 5(A)(1) of the Tamil Nadu Entertainment Tax Act, 1939 (as amended by Act 40 of 1989), which re‑classified cinema theatres within a five‑kilometre ‘belt’ of municipal corporations and special‑grade municipalities from the ‘composition system’ to the ‘admi…

The appellants, originally allocated to various Group ‘A’ central services in 1989, abstained from training to appear for the 1990 Civil Services (Main) Examination in hopes of securing a more desirable posting. Their improved performance was ignored, and they were denied allocation to Indian Customs/Central Excise Ser…

The landlords and tenants jointly obtained permission for a five‑year limited tenancy under Section 21 of the Delhi Rent Control Act, 1958. After the tenancy expired, the landlords sought possession, but the tenants argued that a prior tenancy already existed and that the permission was obtained by fraud, rendering it …

The appellants, clearing and forwarding agents for Balsara Hygiene Products Ltd., obtained an ex‑parte injunction that allowed them to sell the respondent's goods, resulting in sales worth Rs 32.4 lakhs. The suit was later dismissed on the ground of non‑registration of the partnership under Section 69(2) of the Indian …

The State of Maharashtra invited tenders for a 99‑year lease of a plot in the Backbay Reclamation area. Atur India Pvt. Ltd. responded as a promoter, seeking to transfer the lease benefit to a cooperative housing society. The Collector accepted the tender but did not effect an actual demise, and later demanded stamp du…

The respondents, manufacturers of cellulosic spun yarn, were initially allowed a concessional excise rate but later faced a show‑cause notice and were assessed a large duty. They deposited the disputed amount in the High Court, obtained a conditional order permitting withdrawal of the deposit, and later secured an appe…

The appellant, Om Prakash, was placed ex parte in a suit for specific performance of an agreement to sell a small piece of land. He filed several applications to set aside the ex parte order, but they were dismissed as unsigned or time‑barred. The trial court decreed specific performance based on the plaintiff’s witnes…

The petitions filed by Sikkimese of Nepali origin challenged the reservation of twelve seats for Bhutia‑Lepcha and one seat for the Buddhist Sangha in the Sikkim Legislative Assembly, arguing that these provisions violated Articles 14, 15(1), 325, 332(3) and the basic structure of the Constitution. The Court examined w…

Bloom Dekor Ltd., a public company, issued a public share offering that was oversubscribed. A group of investors, seeking to avoid losses from speculative out‑of‑the‑ring transactions, filed a series of suits and applications in various courts (Morvi, Prantij, Baroda, Ahmedabad) alleging that the company had not obtain…

A group of B.D.S. students studying outside Uttar Pradesh filed writ petitions in the Allahabad High Court seeking transfer to the Dental Faculty of King George Medical College, Lucknow. The High Court Single Judge allowed the petitions and directed that all pending transfer applications be considered. The State Govern…

The Supreme Court examined whether the tax authorities could choose to assess tax on either the trustees or the beneficiaries of a discretionary trust when the trust's income was distributed and actually received by the beneficiaries during the accounting year. The respondent, a beneficiary of six discretionary trusts,…

J.K. Synthetics Ltd. filed sales‑tax returns on the basis that freight charges on cement sales were not part of the taxable price and paid the tax shown in those returns. The Commercial Taxes Officer later added the freight amount to the sale price, assessed additional tax and levied interest under Section 11‑B of the …

Sarda Plywood Ltd. and another challenged a 1989 notification issued under the Destructive Insects and Pests Act, 1914, which restricted the import of "any plant" including timber logs. The petitioners argued that the timber, intended for plywood manufacture, would not come into contact with crops and therefore should …

The Board of School Education, Haryana, under Regulation 26 of its 1990 Examination Regulations, allowed a 1% grace‑mark concession to help candidates pass but barred its use for earning compartment. After earlier High Court rulings (Anil Kumar) directing the Board to grant grace marks for compartment, the Board later,…

The case concerned disqualification of members of the Goa Legislative Assembly under Article 191(2) read with the Tenth Schedule. Bandekar and Chopdekar were disqualified for allegedly having voluntarily given up their MGP membership, while Naik was disqualified on similar grounds after claiming a split in the party th…

The Pradeshiya Industrial & Investment Corporation of Uttar Pradesh (appellant) entered into a promoters agreement with Dalmia Dairy Industries Ltd (second respondent) to promote North India Petro Chemicals Ltd (first respondent). The agreement was later cancelled by the appellant on 31 October 1992. The first responde…

The Supreme Court examined a writ petition challenging Karnataka's Government Order No. 87 PRU SE BHA 88, which mandated mother‑tongue as the medium of instruction in classes I‑IV and made Kannada optional from class III for non‑Kannada speakers, with Kannada becoming a compulsory second language from class V. The peti…

The Bihar State Subordinate Services Selection Board advertised for Assistant posts, held an examination in 1987 and declared results only in 1990, empaneling 309 candidates for 357 vacancies. The empanelled candidates sought appointment, but the State Government refused and ordered a fresh advertisement. The Patna Hig…

The petitioners, who were the legal heirs of statutory tenants of residential premises under the Delhi Rent Control Act, 1958, challenged the amendment introduced by Act 18 of 1976 that inserted clause (iii) in Section 2(1), which restricts the heritability of such residential tenancies. They argued that the clause dis…

The Chief Minister of Haryana challenged a writ petition alleging that the High Court had transferred his case from a Tax Bench to a bench presided over by the then Acting Chief Justice, S.S. Sodhi, and later back again, claiming this indicated bias. The appellant sought a transfer of the case on the ground of malafide…

The Supreme Court heard a writ petition filed by the Sub‑Committee on Judicial Accountability seeking directions concerning an inquiry into alleged misconduct of a sitting Supreme Court judge for his conduct as former Chief Justice of a High Court. The petition questioned the validity of the Lok Sabha Speaker’s admissi…

The Supreme Court examined the validity of purchase‑tax provisions in the sales‑tax statutes of Punjab, Tamil Nadu, Kerala, West Bengal and Bombay, which imposed tax on goods purchased for manufacture when the finished goods were dispatched out of the state without a sale. Dealers challenged these provisions on the gro…

Thirty-two bus conductors employed on a daily‑wage basis by the Karnataka State Road Transport Corporation (KSRTC) alleged that the corporation, being a statutory body, is a "State" within Art 12 of the Constitution and that it had discriminated against them by regularising nineteen similarly placed conductors and gran…

The plaintiffs, Power Control Appliances and related companies, owned the copyright in the packaging, instruction manual, guarantee card and the design of the 'whipper blade' of their 'Sumeet' kitchen mixers, and the registered trade mark 'Sumeet'. The defendant, Sumeet Machines Pvt. Ltd., began manufacturing and marke…

Dr. P. Kamalasanan obtained an LPG connection through Karthika Gas Agency, an authorized distributor of Indian Oil Corporation, but did not receive a subscription voucher. When he sought regularisation of the connection, the corporation refused, prompting a complaint before the Consumer Redressal Forum alleging deficie…

The respondent, Pradip Kumar Sarkar, lodged fully paid‑up shares with Luxmi Tea Co. for transfer to his name, but the Board of Directors refused to register the transfer. He filed an application under section 155 of the Companies Act, 1956 for rectification of the share register, which the Calcutta High Court allowed. …

Minerals and Metals Trading Corporation (M.M.T.C.) acted as the intermediary in a private barter scheme through which Ferro Alloys Corporation exported manganese and chrome concentrates. The parties executed contracts whereby title to the goods passed to M.M.T.C., which issued letters of credit, shipping documents and …

The appellant, an electrical helper at Bharat Coking Coal Ltd., was charged with assaulting a supervising officer and faced both a criminal prosecution and disciplinary proceedings initiated by his employer. He filed a civil suit seeking an injunction to stay the disciplinary action pending the outcome of the criminal …

The respondent, defeated in the 1991 Lok Sabha election, filed an election petition alleging corrupt practices under Sections 123(2), 123(3) and 123(3A) of the Representation of People Act, 1951. The appellant sought dismissal on three grounds: (i) the alleged corrupt acts occurred before he was a "candidate" as define…

The appellant, Burmah Shell Oil Storage and Distribution Co. (now Bharat Petroleum), purchased iron cylinders as returnable packages for LPG distribution, costing Rs 1,09,63,754, and claimed no depreciation. In 1961 it sold the cylinders to the refinery for Rs 82,19,947, incurring a loss of Rs 27,43,807, which it sough…

The respondent, a lecturer, sought ad‑hoc promotion to Associate Professor and obtained an interim order from the High Court directing the State Government to grant the promotion. The government failed to implement the order, leading the respondent to initiate contempt proceedings, after which the High Court issued a n…

The Corporation of the City of Belgaum revised property tax in 1984, and the plaintiffs filed a representative civil suit alleging that the increase was arbitrary, unreasonable, illegal, that assessors inspected properties without notice, and were pressured to raise taxes. The suit was dismissed by the trial court unde…

Jamunadas C. Tuliani, the landlord, sued five tenants and Arjun Khiamal Makhijani (defendant No.6) for eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, alleging six months' rent arrears and illegal sub‑letting of a garage. The trial court decreed eviction on the grounds of rent default …

The appellant, J.K. Aggarwal, a Company Secretary of Haryana Seeds Development Corporation Ltd., faced a disciplinary inquiry that could lead to his dismissal. He sought permission to be represented by a lawyer under Rule 7(5) of the Haryana Civil Services (Punishment and Appeal) Rules, 1952, but the inquiry authority …

The Supreme Court reviewed its earlier judgment in Subran and others v. State of Kerala after noting that paragraph 11 could be misinterpreted as a general statement of law. The case involved four appellants, including Subran, who were convicted of murder under Section 302 of the IPC. On review, the Court held that Sub…

The Supreme Court heard a contempt petition filed by I. Manilal Singh, Secretary of the Manipur Legislative Assembly, who alleged that Dr. H. Borobabu Singh, the Speaker of the Assembly, had ordered his compulsory retirement as retaliation for implementing the Court’s earlier orders quashing the disqualification of cer…

The partnership firm Keshavji Ravji & Co. paid interest to its partners on their capital credits and also received interest from the same partners on borrowings during the assessment year 1975-76. The Assessing Officer disallowed the interest paid to partners without setting off the interest received, leading to a high…

Devi Cinema and other firms challenged the disallowance of interest paid to their partners under Section 40(b) of the Income Tax Act, 1961. The Income Tax Appellate Tribunal had held that the entire interest paid by the firm to a partner was disallowable, ignoring any interest the partner paid back to the firm on borro…

The Supreme Court examined whether the Delhi Municipal Corporation Act, 1957 bars civil courts from entertaining suits challenging demolition orders of unauthorised constructions. It held that the Act creates a statutory scheme that ousts court jurisdiction, and suits are maintainable only if there is a prima facie jur…

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

The Supreme Court examined the validity of Rule 39 of the Tamil Nadu Minor Mineral Concession Rules, 1959, which permits the State Government to grant or renew quarry leases in special cases for mineral development and public interest. The petitioners argued that the rule conferred unguided, uncanalised discretion viol…

The Union of India sued Union Carbide Corporation (UCC) in the US District Court, which ordered a $5 million interim relief to be paid to the Indian Red Cross Society for Bhopal gas victims, stating the amount was an advance payment and would be set‑off against any final judgment. After the US case was dismissed on for…

The respondent, KM Ramona Perhar, obtained admission to a private medical college in Karnataka in 1990 and sought a transfer to a government medical college in Uttar Pradesh in 1992. The Uttar Pradesh Government rejected the request based on its policy of not allowing out‑of‑state transfers. The Allahabad High Court is…

Dr. Prit Singh was appointed Principal of a recognised college on 22 July 1986, but the Vice‑Chancellor refused to approve the appointment because Singh did not meet the prescribed qualifications of a first or high second class Master's degree. The qualifications were later amended on 15 October 1987 to relax the requi…

Mangalore Chemicals & Fertilisers Ltd sought to adjust cash refunds of sales tax on raw materials against its tax liability under the Karnataka Sales Tax Act, 1957, based on a 1969 government notification granting such refunds to new industries. A later 1975 notification required the dealer to obtain prior permission f…

The appellants, owners of mini steel plants, were granted a concessional electricity tariff by the Andhra Pradesh Government in 1977. The State Electricity Board later imposed minimum consumption charges and raised the tariff, prompting the Government to issue clarifications in December 1978 and January 1980 regarding …

The appellants, industrial electricity consumers, challenged the Andhra Pradesh State Electricity Board’s upward revision of high‑tension tariffs and the imposition of a fuel‑cost adjustment charge. The Supreme Court held that the Board’s power to fix tariffs under s.49 of the Electricity (Supply) Act, 1948, remains va…

Electronics Corporation of India Ltd entered into an agreement with a Norwegian firm for technical services and sought a No Objection Certificate under s.195(2) of the Income Tax Act, 1961 to remit payments without tax deduction. The Commissioner rejected the application, holding that s.9(1)(vii) deemed the fees to acc…

The appellants owned a residential house from which Respondent No. 4, a tenant, was evicted after a civil decree in the appellants' favour. The appellants took physical possession with police assistance. Respondent claimed a sale agreement, filed a title suit, and later opened fire to retake possession, leading to a cr…

The Constitution Bench examined whether a delinquent employee is entitled to a copy of the Inquiry Officer's report before the disciplinary authority decides on guilt or punishment, especially after the 42nd Amendment removed the right to show cause on penalty. It held that when the Inquiry Officer is not the disciplin…

The petitioner, a primary teacher who retired in 1977 from an aided school, had opted for pension under a 1975 notification issued under Rule 126 of the Delhi School Education Rules. Despite her retirement, the Delhi Administration delayed payment of pension and gratuity, finally promulgating a pension scheme in 1988. …