N M KASLIWAL

Parkash Kaur mortgaged her house to Sandhooran and the property was later sold at auction. She first filed an application under Order XXI Rule 90 to set aside the sale on 16 September 1974 and subsequently filed an application under Order XXI Rule 89 on 23 September 1974 seeking to withdraw the sale and recover the mon…

The Supreme Court examined the status of the Saharanpur‑Shahdara‑Delhi route nationalised under a 1959 draft scheme of the Motor Vehicles Act, 1939, which had been approved on 29 September 1959. After a long delay, a fresh draft scheme was issued in 1986, but the Motor Vehicles Act, 1988 came into force in 1989. The Co…

The State of Bihar, under the Bihar Excise Act, 1915, initially adopted a policy in January 1990 granting five‑year settlements of liquor‑shop licences subject to annual renewal and certain conditions. The appellants paid the first year’s fee and claimed a contractual right to continue their licences for the full five‑…

The Supreme Court examined the constitutional validity of the Reserve Bank of India's 1987 directions regulating Residuary Non‑Banking Companies (RNBCs) under Sections 45J, 45K(3) and 45L of the RBI Act. The petitioners, a group of finance companies including Peerless, argued that the directions were ultra vires, unrea…

The assessee, Gwalior Rayon Silk Manufacturing Co., claimed depreciation on the written‑down value of roads and drains constructed within its factory premises, arguing that they form part of the factory building under Section 32 of the Income‑Tax Act, 1961. The Income‑Tax Officer disallowed the claim, but the Appellate…

The State of West Bengal sought to acquire lands that had been recorded as "tank fisheries" under the West Bengal Estates Acquisition Act, 1953. The respondents, intermediaries, claimed exemption under Section 6(1)(e) which preserves rights to tank fisheries at the date of vesting. The Assistant Settlement Officer, aft…

Ansals Properties won the lease‑hold auction for a plot in Nehru Place but failed to pay the balance amount, leading the Delhi Development Authority (DDA) to renegotiate payment terms with interest at 18% per annum. The appellant submitted building plans, but the Central Government imposed a ban on multi‑storey constru…

The dispute involved a 100‑acre tank and its appurtenant land in Vatticherukuru village, originally granted by a zamindar for digging and maintaining a tank. The descendants of the original grantee held a ryotwari patta under the Andhra Pradesh Inams (Abolition and Conversion into Ryotwari) Act, while the Village Panch…

B. Hanumantha Rao, an Excise Sub‑Inspector, was charged with accepting Rs 50,000 as illegal gratification from an arrack contractor. He claimed the money was rent arrears that the contractor could not deposit because the bank was closed, and he refused to keep the cash. The prosecution conducted a trap, recovered the m…

Sharp Business Machines Pvt. Ltd., a small‑scale copier manufacturer, imported copiers in SKD/CKD form and declared a total value of Rs 99,612. The Collector of Customs, relying on quotations submitted with the licence application, valued the goods at Rs 7,15,485, held that the company had misdeclared the value and the…

The Andhra Pradesh Government promulgated the Revised Pension Rules, 1980, creating two categories of pensioners: Part I for those retiring on or after 29 October 1979 and Part II for those who retired between 1 April 1978 and 28 October 1979. The petitioners, who fell in Part II, alleged that the differential treatmen…

The dispute concerned a 2000‑sq‑yard plot in Bombay whose title was claimed by the heirs of the original owner and by a private limited company that had purchased the shares of the heirs' company. After an eviction decree and a series of undertakings, the petitioners (Devida Yal Rolling Mills) claimed tenancy, while th…

Wesman Engineering Co. (P) Ltd., a licensee, sought a certificate under s.195(2) of the Income Tax Act to remit payments to its foreign collaborators for royalties and cost of working drawings. The Income Tax Officer held the entire remittance taxable and directed 65% TDS. The assessee appealed, contending that the cos…

Padmanabha Chettiar executed a will in 1924 granting his property to himself for life, then to his wife Dhanalakshmi Ammal for life, thereafter to his daughter Rajalakshmi Ammal, and finally to her male children. The question before the Supreme Court was whether the daughter obtained an absolute estate or merely a life…

The Supreme Court examined three related suits in which widows held life estates in property under wills or settlement deeds. The core question was whether, under Section 14(1) of the Hindu Succession Act, 1956, such a limited estate automatically became an absolute estate, or whether Section 14(2) – which preserves a …

The landlord sought eviction of the tenant under section 13(3)(a)(iii) of the East Punjab Urban Rent Restriction Act, 1949, alleging the premises were unsafe and required reconstruction. The Rent Controller ordered eviction, but the District Court reversed, finding that the tenant had replaced the fallen roof, renderin…

Karnani Properties Ltd., a real‑estate company that lets premises and provides services such as electricity, water, cleaning and lift maintenance, was referred to an Industrial Tribunal over a dispute concerning wages, dearness allowance and gratuity. The company challenged the Tribunal’s award on the grounds that it d…

The dispute concerned two plots of land in which the respondents, descendants of Ram Dayal, claimed tenancy rights based on a deed dated 30 July 1945 and entries in the Khatauni. The appellants contended that an earlier deed of 23 November 1943, and a subsequent deed of 2 August 1945, gave them a valid lease under Sect…

The appellant, an advocate practising in Bombay, was alleged to have participated in a fraudulent loan scheme by misrepresenting himself as a financier and inducing the complainant to pay large sums for legal and other expenses, after which the loan was never disbursed. The State Bar Council of Maharashtra, and subsequ…

Two sugar factories in North Mysore challenged the constitutional validity of Section 3(3C) of the Essential Commodities Act, 1955 and a 1966 government notification that placed them in Zone 1 for sugar price fixation, alleging loss and denial of a notice‑hearing. The factories argued that the zoning violated their fun…

The appellants' agricultural land was acquired under the Land Acquisition Act, 1894 and they were awarded compensation they considered inadequate. They filed an application under Section 18 seeking a reference to the Court for enhanced compensation, attaching a schedule of some Khasra numbers but stating a claim for th…

The case concerned a permanent jagir of Chandurpura village granted to the ancestors of the parties, which had been held by successive generations under the rule of primogeniture. After the abolition of the jagir under the Madhya Bharat Abolition of Jagir Act, 1951, the respondent claimed a half‑share in the jagir prop…

The mortgagor, Kala Singh, executed three mortgages on agricultural land in favour of the appellants and later applied to the Collector under Section 4 of the Redemption of Mortgages (Punjab) Act, 1913 for redemption. After a compromise, the Collector ordered redemption under Section 11, but the mortgagor defaulted and…

The State Government, under the fourth proviso added to Section 9 of the United Provinces Municipalities Act, 1916, cancelled the nominations of two women members of the Shahjahanpur Municipal Board and appointed replacements, invoking a "pleasure" power. The former President of the Board and the ousted women members f…

The Supreme Court, hearing a public‑interest writ filed by Banwasi Seva Ashram on behalf of Adivasi land‑owners displaced by the Rihand Super‑Thermal Power Project of NTPC, reviewed the rehabilitation measures ordered in 1986 and issued a final order in 1992. The Court directed NTPC, in collaboration with the Uttar Pra…

The respondent, proprietor of Neptune Waterproof Manufacturing Co., purchased plain kraft paper and applied various coatings such as bitumen, polyethylene, wax, and jute to produce waterproof and laminated papers. The company contended that these processes did not create a new article and therefore were not liable to e…

The appellants' lands in Visakhapatnam were acquired under the Land Acquisition Act, 1894. They claimed a compensation of Rs 10 per square yard, while the Sub‑Judge fixed the market value at Rs 11 but awarded Rs 10 per square yard. The Andhra Pradesh High Court reduced the compensation to Rs 6.50 per square yard, apply…

The appellant, Narpatchand, occupied a flat in a multi‑storeyed building. The building was mortgaged with possession to the respondents, who became usufructuary mortgagees and thus landlords under the Bombay Rents Hotel and Lodging House Rates Control Act, 1947. The respondents served a quit notice and sued for evictio…

In 1988, 105 workers were appointed as casual labourers in the Construction Division of Northern Railway and were terminated by an oral order after about 143 days of service. They claimed that having worked continuously for more than 120 days, they were entitled to the status of temporary Railway servants under Chapter…

The Andhra Pradesh Government, under sections 68‑C, 68‑D and 68‑E of the Motor Vehicles Act, 1939, approved a draft nationalisation scheme for the Anantapur‑Dharmavaram route, exempting four specific routes from the scheme. Two private operators (respondents) challenged the exemption, alleging discrimination and a viol…

The petitioners, low‑income employees of the Delhi Electricity Supply Undertaking (DESU), occupied residential quarters built under the 1954 Low Income Housing Scheme and paid rent. They filed writ petitions seeking transfer of ownership of the quarters, relying on the scheme, a municipal resolution (No. 868 of 1970) t…

The landlord, Dr. Radhyshyam, sought eviction of the tenants Mangalbhai and others under Clause 13(3)(ii) and (vi) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949, alleging habitual rent arrears and a bona‑fide need for the premises. The Rent Controller and Resident Deputy Collector rejected the ap…

The appellant, a plaintiff in a suit that was tried together with another suit and dismissed by a common judgment, filed an appeal in the High Court accompanied by a printed copy of the judgment but not a certified copy. He argued that the time taken by the other plaintiffs to obtain a certified copy of the judgment sh…

Bihar Supply Syndicate bought salt from United Salt Works and arranged its shipment from Kandla to Calcutta via a chartered vessel. The cargo was insured for Rs 9.5 lakh under a marine policy with Institute Cargo Clauses (FPA) covering warehouse‑to‑warehouse risks. The vessel suffered engine trouble, was towed to Visha…

The landlords filed a suit for possession under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The dispute centered on whether a notice dated 7‑8‑1980, sent by registered post to the tenant company, was validly served under Section 106 of the Transfer of Property Act, and whether the tenants were in…

The respondent was appointed as a Lower Division Clerk of the Raipur Municipal Corporation on 22 September 1966 and placed on a two‑year probation. After the probation period expired on 21 September 1968, the corporation served him a one‑month notice of termination on 9 December 1968, effective 9 January 1969, without …

The State of Punjab advertised 47 (later 54) posts of Excise and Taxation Inspectors, requiring a written test (300 marks) and a viva voce interview (100 marks, 25% of total). Over 1,200 candidates were called for interview for the 54 vacancies, and the unsuccessful candidates challenged the procedure, alleging arbitra…

The Haryana Excise and Taxation Inspectorate (Class III) Rules, 1969 provided for 250 marks in the written test and 100 marks in the viva voce, making the viva component 28.5% of the total 350 marks. Vikram Singh and Nawab Singh cleared the written examination and were interviewed in March 1986. The first interview was…

Mohan Lal Tripathi, who was directly elected President of the Rae Bareilly City Municipal Board, challenged a no‑confidence motion passed by the Board under Sections 87‑A and 47‑A of the Uttar Pradesh Municipalities Act, 1916. He argued that a President elected by the entire electorate could not be removed by a smaller…

The mortgagor, an agriculturist, hypothecated two parcels of land to a mortgagee under the Bombay Agricultural Debtors Relief Act, 1947. After default, the mortgagee obtained an execution and, although a compromise discharged the debt, it retained possession of the lands. The mortgagor’s representatives filed an execut…

Gurmkh Singh (appellant) appealed against a decree ordering specific performance of an agreement with Amar Singh (respondent) to jointly bid at a public auction of evacuee property and to split the purchased land. The appellant argued that the agreement was void under Section 23 of the Indian Contract Act, 1872 because…

The appellant, ESKA YEF Ltd., manufactured Bifuran Supplement, Neftin‑50 and Neftin‑200 and claimed they were exempt from central excise duty as "animal feed supplements" under Item 68 of the Central Excise Tariff, relying on a 1984 notification. The Revenue argued that the products contained furazolidone, a veterinary…

Aysha Umma appealed against a Kerala High Court order that had set aside a civil court's award of Rs.3,00,000 as market value of six acres of land and had confirmed a separate capitalisation award for fruit‑bearing trees. The Supreme Court examined the proper method of valuation, holding that land and trees must be val…

The Indian Aluminium Company set up an aluminium smelter in Karnataka and entered into two tripartite agreements (1966 and 1976) with the Karnataka Electricity Board and the State for uninterrupted power at concessional rates. The Board later raised tariffs, and Karnataka amended Section 49 of the Electricity (Supply) …

The appellants, Darshan Prashad and his wife Smt. Saraswati Devi, challenged a notice issued under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (as amended by Act No.20 of 1976) that sought particulars of land held by them and their family. They argued that the wife, who was living separat…

The Supreme Court examined whether sub‑section (2) of Section 73 of the Maharashtra Co‑operative Societies Act, 1960 – inserted by the 1986 amendment – imposes a mandatory duty on the Registrar to prescribe the maximum number of members of a co‑operative society’s committee and publish it in the Official Gazette, or wh…

A suit was filed by Gouri Sankar Sarda against R. McDill Co. and Misrilal Bharamchand. The defendants applied under Section 34 of the Arbitration Act, 1940 for a stay of the suit, but the application was withdrawn for a formal defect and the court ordered them to make a fresh application. Instead of filing a joint fres…

Toolsidass Jewraj, a jute exporter, entered into contracts for shipment in early 1962 but delayed the shipment to June after prices rose. Before the goods were shipped, it filed shipping bills and G.R. forms that undervalued the FOB price, intending to discount the buyers' profit and remit it covertly. The Additional C…

The petitioners were Central Government officers who, after being permanently absorbed into the Food Corporation of India, retired and fully commuted their pensions for lump‑sum payments. They claimed that Office Memoranda dated 13 February 1976 and 22 October 1983, which denied them relief and ad‑hoc reliefs under the…

The Maharashtra State Board of Secondary and Higher Secondary Education conducted secondary examinations in March 1990 and discovered that moderators' mark‑sheets of 283 candidates had been tampered, benefitting the students. The Board appointed enquiry officers, held hearings without advocates and barred parents from …

C.L. Verma, a Western Railway employee, was dismissed without being furnished a copy of the enquiry officer's report. He challenged the dismissal before the Central Administrative Tribunal, which set aside the dismissal on the ground that the report had not been supplied, relying on Union of India v. Mohd. Ramzan Khan.…

The case concerned a supplemental agreement dated 26 September 1991 by which Mahanagar Telephone Nigam Ltd. (MTNL) awarded Sterling Computers Ltd. the right to print and publish telephone directories for Delhi and Bombay for the period 1991‑1998, without inviting fresh tenders. The original contract with United India P…

P.V. Srinivasa Sastry, M. Mahadeva Setty and P. Gangireddy, who were serving as Auditors, were subjected to departmental proceedings for alleged misconduct and were ordered to be reduced in rank to Lower Division Clerks. The appellants challenged the orders on two grounds: (1) the proceedings were initiated by the Seni…

Banwari Lal filed a suit which was dismissed by the Subordinate Judge on the basis of a petition of compromise filed on his behalf. Banwari Lal later alleged that the petition was fraudulent, unsigned by the respondent and filed through a colluding advocate. The Subordinate Judge, after finding the compromise unlawful,…

The respondents were admitted to a D.Ed. course in an unrecognised institution and sought a writ directing the State of Maharashtra to allow them to sit for the public examination. The Bombay High Court ordered the State to permit the students to appear and, after passing, to allocate them seats in a recognised institu…

The Supreme Court examined whether gur‑lauta, raskat, rab‑galawat and rab‑salawat—inferior forms of gur and rab derived from sugarcane or molasses—constitute "agricultural produce" under Section 2(a) of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 and are therefore liable to market fee. The High Court Full Be…

The Syndicate Bank Scheduled Castes and Scheduled Tribes Employees Association filed a writ petition under Article 32 seeking enforcement of the constitutional reservation policy for SC/ST employees in promotional Group ‘A’ officer posts of Syndicate Bank. The bank, following a 1981 circular, argued that reservations a…

The Uttar Pradesh State Electricity Board (UPSEB) conducted a recruitment for Assistant Engineer (Civil) allocating 120 marks to the written test and 40 marks each to interview and group discussion. Three unsuccessful candidates filed writ petitions alleging that the 40‑mark allocation for interview and group discussio…

The appellant Ganeshlal was charged, along with his parents, sister, maternal uncle and the uncle's daughter, for the murder of his wife Kanchana, whose body was found severely burnt on the third floor of their house. The trial court acquitted all accused, but the Bombay High Court (Nagpur Bench) convicted Ganeshlal al…

The appellants, who were appointed as Operators in the Bihar State Electricity Board after failing to secure Junior Electrical Engineer posts in 1984, claimed that the State Government’s directions under Section 78‑A of the Electricity (Supply) Act, 1948 to appoint and absorb them as Junior Engineers were binding. The …

Four brothers, who had partitioned their ancestral property in 1954 but kept the acquired Chalai Anicut in common, were compensated 1/4 each after a land acquisition. The eldest brother, Venkatachalam Pillai, filed six references under Section 18 of the Land Acquisition Act seeking enhanced compensation for all brother…

The State acquired 5 acres 589‑1/3 sq. yards of land in Vishakapatnam for a housing scheme in 1963. The initial compensation of Rs 1.58 per sq. yard was enhanced by the Civil Court to Rs 10 per sq. yard with 15% solatium and 4% interest, a figure affirmed by the High Court. On appeal, the Supreme Court examined the pro…

Doongaji & Co., a long‑time licensee under Sections 13 and 14 of the Madhya Pradesh Excise Act, 1915, contested the award of a new distillery licence to Rajdhani Distilleries Corp. and the subsequent takeover of its distillery and warehouses on the ground that Clause 50 of the licence required the State to fix the valu…

Doongaji & Co., a partnership with a 40‑year history of operating a distillery at Ujjain, sought renewal of its licence under the Madhya Pradesh Excise Act, 1915 after its last licence expired in 1981. The licence for the 1981‑86 period was awarded to Rajdhani Distillery Corporation, and subsequent applications by Doon…

The plaintiff claimed ownership of agricultural land purchased through four sale deeds in which the defendants were named only as benamidar, alleging the defendants held the property benami. The trial court dismissed the suit, but the first appellate court reversed the decision, and the High Court upheld the dismissal …

The respondents were involved in the manufacture and sale of illicit liquor that caused several deaths, and were detained under Sections 3(1) and 3(2) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum‑grabbers Act. They fil…

The father and elder brother of Ashwani Kumar Dhingra filed a writ petition in 1973 challenging a notification dated 6 August 1973 issued under Sections 4 and 6 of the Land Acquisition Act, 1894. The Punjab and Haryana High Court quashed the notification for them, and the State’s letters‑patent appeal was dismissed, bu…

India Meters Ltd responded to a tender by offering to supply electricity meters on its own payment terms, including a request to waive a bank guarantee. The Punjab State Electricity Board issued a purchase order for 75,000 meters but retained its own payment conditions and required samples, also inserting an arbitratio…

The appellants, sons of the deceased Wadood Ali Khan, challenged the Uttar Pradesh Prescribed Authority's redetermination of surplus land under the Ceiling Act after the tenure holder's death. The Authority had issued notice only to one son and declared additional land surplus, despite the existence of several other he…

The petitioners, builders in Pune Cantonment, sought to have building plans submitted before the 1982 scheme of building restrictions sanctioned, arguing that the condition of converting their land to freehold and paying conversion charges was not a prerequisite. The Cantonment Board required conversion and full paymen…