M P THAKKAR

SMT. Saiyada was allotted a parcel of land on licence by Hindustan Steel Ltd., a government company, but the licence was cancelled on allegations of encroachment and illegal construction. The company initiated eviction proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, leading to orde…

Karam Chand, a Scheduled Caste clerk, was promoted in 1973 to Deputy Superintendent of the Haryana State Electricity Board under a reservation quota. The promotion order contained a note that the promotion would not confer seniority over others, and the Board later fixed his seniority based on inter‑se seniority in his…

The petitioners, appointed as full‑time supervisors under Haryana's adult and non‑formal education schemes, were hired on six‑month contracts with a one‑day break after each period, resulting in lower pay than regular supervisors (respondents 2‑6) performing identical duties. They claimed this violated Articles 14 and …

The State of Maharashtra appealed an acquittal of Pandurang and others under Sections 7(1), 16 and 17 of the Prevention of Food Adulteration Act, 1954. The appeal, which involved an offence punishable with imprisonment exceeding two years, was required by the Bombay High Court Appellate Side Rules, 1960 to be heard by …

The Hyderabad Municipal Corporation built houses under its Low Income Housing Scheme and allotted them on hire‑purchase, with the agreement stipulating that title would remain with the corporation until full payment and that all municipal taxes would be borne by the allottees. The corporation served house‑tax notices t…

The appellant, an advocate, was alleged to have withdrawn a suit as settled without the client’s instructions, leading the Bar Council of India to suspend him for three years for professional misconduct. The Supreme Court examined whether the disciplinary proceeding complied with principles of natural justice, specific…

The appellant-landlord filed an eviction suit in 1970 against the respondent-tenant under Section 10(2)(ii)(a) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging unlawful subletting. The subletting in question had been carried out in 1952 by the respondent's father, and the respondent inherited th…

The petitioners, a manufacturer of electrical goods, entered into a contract with Bajaj Electricals Ltd., the buyer, to produce goods that would be sold under the buyer's brand name. After the buyer accepted the goods, the manufacturer affixed the 'Bajaj' label, but the goods were never sold by the manufacturer in the …

The appellant Shahzad Hasan Khan filed a criminal appeal against the Allahabad High Court's order granting bail to the accused Ishtiaq Hasan Khan in a murder case. The accused had faced three prior bail rejections by the same High Court judge, and a subsequent application was initially directed to that judge but later …

O.P. Bhandari, a manager of a hotel under the Indian Tourism Development Corporation (ITDC), was terminated by a notice‑pay order under Rule 31(v) of the ITDC Conduct, Discipline and Appeal Rules, 1978. He challenged the constitutional validity of the rule, arguing that termination by mere notice or payment in lieu vio…

The case concerned a plot of evacuee land that was auctioned to the appellant under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, but the appellant failed to pay the balance and the sale was cancelled. The Central Government, exercising powers under the Act, set aside the cancellation and granted t…

The Gwalior District Co‑operative Central Bank Ltd., whose board had been superseded by the Registrar of Cooperative Societies and placed under the control of the Madhya Pradesh State Cooperative Bank (the Apex Bank), dismissed employee Ramesh Chandra Mangal for allegedly overstaying leave. The dismissal was ordered by…

The respondent, a railway passenger, was found wearing a waist‑chain of 820 g that was pure gold coated with mercury to appear silver. A customs officer seized the chain and the respondent was charged under the Gold (Control) Act, 1968 and the Customs Act, 1962. The trial court acquitted him, holding the chain was mere…

The State Government Pensioners' Association, representing former government employees who retired before 1 April 1978, challenged the Andhra Pradesh Government Order No. 88 (dated 26 March 1980) which revised the gratuity formula and made it effective from that date. They argued that gratuity is part of pensionary ben…

The petitioner, a wife, filed a writ under Article 32 challenging the constitutional validity of Sections 198(1) and 198(2) of the Criminal Procedure Code, arguing that the provision allowing only the husband of an adulteress to file a complaint under Section 497 of the IPC discriminates against women under Article 14.…

The case concerned the interpretation of Section 6(4) of the Tehri Garhwal Bhumi Sambandhi Adhikar Niyam, which confers a right to become a sub‑tenant (khaikari) on a 'sapinda' of a deceased issueless sub‑tenant who lived with him as a member of a joint family. The appellant, a sapinda of the deceased sub‑tenant, had l…

The Supreme Court examined whether groundnuts, classified as "nuts" under the Schedule of the Taxes on Entry of Goods into Calcutta Metropolitan Area Act, 1970 (and its 1972 amendment, as amended by West Bengal Act XIX of 1974), are liable to entry tax when imported for the purpose of extracting oil. The respondents, l…

Leather Facts Co., a dealer in hides and skins that exported its goods, filed purchases using Form III‑A under the Uttar Pradesh Sales Tax Act because no specific form existed for export transactions. The Commissioner held that purchases made against Form III‑A were liable to purchase tax, whereas those against Form H …

Hiranyalal Dev, an Assam Police Service officer, was omitted from the 1983 select list for promotion to the Indian Police Service while two junior officers were selected. He challenged the decision, alleging that the Selection Committee had relied on adverse remarks in his Confidential Character Rolls that were never c…

The petitioners, Air‑Conditioned Coach Incharges‑Attendants of the Northern Railway, filed writ petitions under Article 32 alleging they were denied overtime allowance that their counterparts in the Western, Central and Eastern Railways received for extra duty exceeding 96 hours in two weeks. They claimed this differen…

The appellant's land in Poona was acquired under the Land Acquisition Act, 1894 and the compensation offered by the Land Acquisition Officer was contested. A reference under Section 18 was made to a civil court, which valued the land at Rs 8692 per acre; the High Court later reduced the valuation to Rs 4845.87 per acre…

The case concerned a Hindu widow who had inherited a limited estate from her deceased husband before the Hindu Succession Act, 1956 and had transferred the property to an alienee. After the Act came into force, the alienee reconveyed the property to her, restoring her possession. The appellant argued that the widow cou…

The State of Kerala prosecuted six accused for forging and counterfeiting US dollar notes, alleging offences under Sections 120B, 489A, 489B, 489C, 420, 511 and 34 of the Indian Penal Code. The accused argued that Sections 489A and 489C apply only to Indian currency notes, relying on the definition of "currency note" i…

The New Central Jute Mills Ltd. challenged a surcharge of 5.5 paise per unit imposed by the Uttar Pradesh Electricity Board for electricity drawn in excess of the 70 % limit authorized by the State Government under section 22B of the Indian Electricity Act, 1910. The company argued that the Board lacked authority to le…

The Supreme Court examined the interpretation of Rule 2 in Appendix III of the Telegraph Engineering Service (Group ‘B’) Recruitment Rules, 1981, which prescribed a minimum pass mark of 50% for general candidates and 45% for SC/ST candidates. The Department argued that this minimum had to be achieved in each of the fou…

The appellants were convicted under Section 5 of the Bombay Prevention of Gambling Act, 1887 for being found in a "common gaming house" and appellant No.6 was also convicted under Section 4 for using a room as such. The Sessions Court, after evaluating the evidence, concluded that the room used for gaming was not a "co…

The State of Gujarat appealed against a High Court order that had allowed J.L. Talasji, a landholder, to claim the benefit of Section 6(3B) of the Gujarat Agricultural Land Ceiling Act, 1960. The issue was whether Talasji's family, consisting of himself, his mother, wife, three minor sons and three minor daughters, qua…

The Union of India appointed Shri Suresh Mathur as Director General of All India Radio by transfer on deputation for an initial six‑month term, later extending it to two years. The Additional Director General, A.R. Shinde, claimed he was eligible for promotion and that Mathur’s appointment violated the recruitment rule…

The State of Jammu & Kashmir appealed a High Court order that enhanced compensation for land acquired for public purpose, increasing the award from Rs 1,000 to Rs 8,000 per kanal. The High Court dismissed the appeal as time‑barred, being four days late, and rejected the State's application for condonation of delay. On …

Rev. Fr. Paul Petta was appointed Principal of St. Anthony's College, a minority institution, by the governing body and approved by the Director of Public Instruction under the 1979 Government memo. The Salesian Provincial, who also sponsored the college, issued a letter transferring Petta to a teaching post without an…

In Writ Petition No. 1669 of 1986 filed under Article 32 of the Constitution, the petitioner sought relief directly from the Supreme Court against the State of Gujarat. The Court examined whether there were good and substantial reasons to require the petitioner to first approach the concerned High Court. It held that a…

The Oil & Natural Gas Commission (ONGC) entered into a drilling contract with Western Company of North America that provided for arbitration under the Indian Arbitration Act, 1940 and the law of India, with hearings to be held in London. An umpire, after the arbitrators could not agree, issued an interim award and a fi…

Mukund Lal and another, accused persons, challenged the constitutional validity of Section 172(3) of the Criminal Procedure Code, 1973, which bars the accused or his agents from calling for or inspecting the police case diary, except when the diary is used to refresh a police officer's memory or to contradict the offic…

The appellants, non‑tribal owners of immovable property in Andhra Pradesh's scheduled areas, challenged the 1970 Amendment to the Andhra Pradesh Scheduled Areas Land Transfer Regulation which prohibited any transfer of such property by non‑tribals to non‑tribals and required all transfers to be in favour of tribals. Th…

The Central Government issued a notification on 29 January 1970 raising the royalty on limestone to Rs.1.25 per tonne. The writ petitioners challenged it, arguing that the increase violated the proviso to section 9(3)(b) of the Mines and Minerals (Regulation and Development) Act, 1957, which bars more than one enhancem…

The State issued a notification under the West Bengal Land Development and Planning Act, 1948 to acquire land for the "resettlement of immigrants" and later declared the acquisition. The landowners discovered, through internal letters, that the land was actually intended for a hospital for crippled children run by the …

The Supreme Court examined whether Section 12(2) of the Foreign Exchange Regulation Act, 1947 applies only to sale proceeds of goods exported "for sale" or also to "exports on sale" where the sale is completed before export. The Court held that the phrase "no person entitled to sell or procure the sale of the said good…

The appellant, Ram Kumar, a member of the forces charged with maintaining public order, was charged with using excessive force while discharging his duty. The trial court took cognizance of the offence without obtaining the prior sanction required under Section 197 of the Criminal Procedure Code. The Punjab & Haryana H…

The plaintiffs, four sons of the former Maharaja of Jodhpur, claimed a retrospective annual allowance of Rs 30,000 each, based on a 13 September 1946 order issued by the Maharaja. They argued that the order was a "law" under Section 3(ii) of the United State of Rajasthan Ordinance I of 1949, which continued the laws of…

The Supreme Court examined an appeal against a Rajasthan High Court order that granted anticipatory bail under Section 438 of the Code of Criminal Procedure to the accused in a dowry‑death case. The death of the daughter‑in‑law was still under investigation when the High Court intervened. The Court held that the High C…

The Gujarat Government, under the Gujarat Sales Tax Act, 1969, issued a series of notifications granting tax exemption to new industries, the second of which promised a five‑year exemption prospectively. Bakul Oil Industries set up an oil mill and commissioned it on 17 May 1970, applied for an eligibility certificate u…

The Hyderabad Municipal Corporation assessed the land and buildings of the Hyderabad Race Club for general tax under Section 202 of the Hyderabad Municipal Corporation Act, 1955. The club claimed exemption, arguing that its use of the premises for horse racing and training constituted a "charitable purpose" within the …

The respondents, who had appeared for a common postgraduate medical entrance exam in Rajasthan, were denied admission despite higher marks because the University of Rajasthan Ordinance No. 278‑E(d)(ii) added a uniform 5% weightage to candidates who had obtained their MBBS degree from the same college for which they sou…

The Supreme Court examined whether a disciplinary authority must furnish the delinquent with a copy of the Enquiry Officer's report before recording a finding of guilt, as required by Article 311(2) of the Constitution and the principles of natural justice. The Court observed that the Enquiry Officer acts as a delegate…

The Bombay High Court Division Bench criticised the Deputy Charity Commissioner’s conduct and competence while discharging quasi‑judicial functions under the Bombay Public Trusts Act, prompting the Charity Commissioner to seek special leave before the Supreme Court. The Supreme Court held that the High Court’s observat…

Sham Lal, a statutory tenant, was sued for eviction under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for alleged non‑payment of rent. The summons returnable date was 26‑06‑1969, on which the tenant appeared and sought an adjournment; the written statement and tender of arrears were filed on 02‑07‑19…

Vidya Dhar Pandey was appointed principal of a higher secondary school run by Vidyut Grih Siksha Samiti in 1968. In June 1971 the managing committee terminated his services with one month’s salary in lieu of notice, without complying with Regulation 79 which required a director’s sanction, a formal enquiry, charge‑shee…

Jethsur Surangbhai, Chairman of the Jasdan Taluka Sahkari Kharid Vechan Sangh Ltd, was charged under IPC sections 120B, 109, 408, 467 and 471 for alleged conspiracy to commit criminal breach of trust and related misappropriations. The charge of conspiracy failed and the Sessions Court acquitted all accused except one. …

The case concerned a parcel of land in Bandra, Bombay, originally shown as residential in the 1966 development plan, for which a developer sought permission to build a five‑star hotel. The Municipal Commissioner rejected the plan, citing a pending revision of the development plan that would earmark the land as a green …

The appellants, dealers under the Andhra Pradesh General Sales Tax Act, 1957, contended that the sales tax component collected from buyers—whether shown separately in the bill or collected via debit notes—should not be counted in their "turnover" for computing sales tax liability, arguing that the tax is not part of th…

The petitioners, railway employees, were dismissed or removed for participating in a strike without any enquiry. They filed writ petitions, which were transferred to the Supreme Court and ultimately dismissed. The petitioners then filed review petitions alleging that they were denied a chance to argue the merits, that …

The appeal concerned whether, under Order 73 of the Civil Procedure Code, the monies earmarked for rateable distribution become the property of the decree‑holder as soon as the executing court issues its distribution order, irrespective of actual payment, and whether the State can assert a statutory priority thereafter…

The State prosecuted Vasantraj Bhagwanji Bhatia and others for possession of primary gold under the Customs Act, 1969 (Sec. 111 read with Sec. 135); one respondent was convicted and two were acquitted. The same authorities later sought to prosecute the three respondents under the Gold (Control) Act, 1968 (Sec. 85) for …

Konkan Trading Co. filed a suit which was withdrawn by the trial court on the condition that it pay Rs.100 costs and was given liberty to file a fresh suit under Order XXIII Rule 1(3) of the CPC. The fresh suit was filed before the costs were paid; the plaintiff later deposited the costs after obtaining the trial court…

The Supreme Court considered an appeal by Smt. Kuldeep Kaur, who had been awarded maintenance for herself and her child under Section 125 of the Code of Criminal Procedure, 1973. The husband, respondent No.1, failed to pay the ordered amount, accruing arrears of Rs.5,090. While executing the maintenance order, the magi…

The case arose from consolidation proceedings under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, where the landowner Chandgi was allotted substituted parcels of land and the tenants Amar Singh and Jagram, who had been non‑occupancy tenants of the original holding, were not given c…

The owner of a truck left the engine running and handed control to a cleaner, an unlicensed person, who interfered and caused an accident. The owner was held vicariously liable for damages, and the insurer sought to rely on an exclusion clause that barred liability when an unlicensed driver was at the wheel, invoking S…