N SANTOSH HEGDE

The Union of India and others appealed against the Gujarat High Court’s order allowing special civil applications filed by Adani Exports Ltd. and others seeking the benefit of a Pass‑Book Scheme under the Import‑Export Policy for shrimp exports. The central issue was whether the Gujarat High Court at Ahmedabad possesse…

The appellants purchased agricultural land from vendors and the respondents, as co‑sharers, filed a suit claiming a statutory right of pre‑emption. The trial court decreed in favour of the respondents and they deposited the purchase money under Order 20 Rule 14 CPC. While the appeal was pending, the Haryana Amendment A…

The Supreme Court examined the interpretation of Rule 7(2)(b) of the Indian Broadcasting (Programme) Service Rules, 1990, which mandates that 50% of Junior Time Scale (JTS) posts (serial no. 5) be filled by "promotion". Two rival views existed: the Karnataka and Emakulam benches held that such promotion must be by seni…

The Karnataka State Government acquired land for a canal project and, after negotiations, entered into consent agreements with the landowners, resulting in consent awards that included market value, solatium and additional market value. The landowners received the compensation and thereafter filed applications under Se…

M/s Rollatainers Ltd owned two distinct factories – a Paper Board Factory in Shed No.1 and a Specialty Paper Factory in Shed No.3 – each with its own plant, staff, management and premises‑specific registration under Rule 174(3) of the Central Excise Rules. Both factories claimed the nil‑rate exemption under Notificatio…

The police, including a Superintendent of Police, stopped a tanker on a public highway and searched it, discovering 73 gunny bags of poppy husk. The accused were convicted under Section 15 of the NDPS Act, but the High Court acquitted them, holding that Sections 42 and 50 of the NDPS Act were not complied with. On appe…

The State of West Bengal filed a criminal appeal against S.K. Bormal and others, who were charged under the Prevention of Corruption Act, 1947 for offences alleged to have been committed in August 1988. The 1947 Act was repealed on 9 September 1988 by the Prevention of Corruption Act, 1988, and the case was transferred…

The plaintiff, represented by his legal heirs, sued for a declaration of title and a permanent injunction, claiming to be the son of the late Haritheertham and Mariyayee. The trial court dismissed the suit, finding the plaintiff had not proved his lineage or possession of the property. The first appellate court reverse…

The appellants, Subramani and four others, were charged with murder, grievous hurt and criminal trespass after a violent clash over a disputed plot of land they had cultivated for over 50 years. The prosecution alleged that the deceased, a purchaser of the land, and his family attempted to plough the field, were assaul…

The Andhra Pradesh State Road Transport Corporation (the Corporation) framed a scheme under s.99 of the Motor Vehicles Act, 1988 to nationalise the mofussil service in West Godavari district, excluding all private operators on the notified routes and on any routes overlapping them. The scheme contained Exception 2, whi…

Neelam was appointed on an ad‑hoc basis as a typist with Haryana State Cooperative Land Development Bank from January 1985 until May 1986, after which she joined the Haryana Urban Development Authority. Following a successful industrial dispute by similarly situated employees, she filed a writ petition in the Punjab & …

Mis. Forage & Co., an importer of zinc oxide, contended that octroi could not be levied on the product because Schedule H, Class IV of the Bombay Municipal Corporation Act, 1888, pertains only to articles used in construction, and zinc oxide is used solely in rubber manufacturing. The Bombay High Court's Single Judge a…

The respondents, employed as daily‑wage engineers under a government scheme, were terminated in 1996 and filed writ petitions seeking regularisation, a direction not to discontinue their services and arrears of salary. The Karnataka High Court dismissed the writ petitions, finding that their services had been terminate…

The employee, Hans Raj, had received a full and final settlement from Sangham Tape Company but later filed a reference petition before the Labour Court seeking reinstatement and back wages. The Labour Court passed an ex‑parte award on 5 February 1996. The employer applied to set aside the award, but the application was…

Jagir Singh, a driver with Punjab Roadways, was absent without leave for about three months in 1979. The State sent a registered notice and published a newspaper notice urging him to report, but he failed to do so, leading to termination of his services on 3 August 1979. The workman sought reinstatement and back wages,…

The Allahabad High Court staff—including Section Officers, Private Secretaries, Bench Secretaries and Assistant Registrars—filed writ petitions seeking higher pay scales on parity with their counterparts in the Delhi High Court. The Chief Justice of the Allahabad High Court merely forwarded their representation to the …

A passenger died in a car accident on 9 April 1987. The claimants filed a suit before the Motor Accidents Claims Tribunal against the appellant (Dr. T.V. Jose), the driver and the insurer. The appellant asserted that he had transferred ownership of the car before the accident, but the transfer was never recorded in the…

The appellant, Sajan Abraham, was found in possession of 25 ampoules of the psychotropic drug Buprenorphine Hydrochloride (Tidigesic) and three syringes, and was charged under Section 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The trial court acquitted him, but the Kerala High Court set asid…

The deceased Bhavani and her infant daughter set themselves on fire and died. The prosecution alleged that the husband, Lella Srinivas Rao, and his mother had subjected Bhavani to cruelty and harassment, driving her to suicide, and charged them under IPC sections 498‑A and 306. Two dying declarations were recorded: the…

The appellant, a Scheduled Caste MLA, lodged a complaint before the Special Judge (constituted under the SC/ST (Prevention of Atrocities) Act) alleging that the Chief Minister made public derogatory remarks that encouraged untouchability. The Special Judge found an offence under Section 3(1)(x) of the 1989 Act and Sect…

Hans Raj was convicted under Section 306 IPC for abetting the suicide of his wife, Jeeto Rani, and also under Section 498A IPC for cruelty. The prosecution’s case relied on the presumption in Section 113-A of the Evidence Act, asserting that the wife’s suicide within seven years of marriage and alleged cruelty implied …

Mr. Nand Lal Balwani, an advocate enrolled with the Bombay Bar Association, shouted slogans and hurled his shoe in an open court, thereby interrupting the proceedings. He was informed that his conduct was intended to intimidate the court and was charged with contempt. Balwani filed an affidavit admitting his intemperat…

Vivek Gupta conspired with two State Bank of India officers to cheat the bank, causing substantial loss. All three were charged under Section 120B read with Section 420 of the IPC, while the two officers were additionally charged under the Prevention of Corruption Act, 1988 (PCA). The trial was before a Special Judge a…

Swedish Match AB and its associated companies acquired a 74% shareholding in Wimco Ltd., a listed Indian company, by purchasing shares from Indian promoters at a price well above market value. The acquisition was done without making a public announcement as required under Regulation 10/11 of the Substantial Acquisition…

The State Sugar Corporation and Jain Construction entered into a contract containing an arbitration clause. In 1991 Jain Construction, an unregistered partnership firm, filed an application under Section 20 of the Arbitration Act, 1940 for appointment of an arbitrator. The Civil Judge dismissed the petition on the grou…

Krishna Bahadur, a messenger‑cum‑bearer, was dismissed for disciplinary misconduct, reinstated by an Industrial Tribunal, and then retrenched within a month with a modest compensation. The trade union challenged the retrenchment on the ground that the employer had not complied with the mandatory requirements of Section…

The Supreme Court considered a dispute arising from SEBI’s direction that the acquirer of Colour‑Chem Ltd. pay interest to shareholders for the delay in making a public offer under the 1997 Takeover Regulations, as amended in 2002. The Board had directed a 15% per‑annum interest on the offer price and held that dividen…

The deceased, a vegetable trader, was traveling in a tractor with a trailer when he fell and died after the vehicle was driven at high speed. His heirs claimed compensation under Section 147(1) of the Motor Vehicles Act, 1988, arguing that the insurer was liable for the death of the owner of the goods being carried. Th…

The Union of India sought to levy a cess on the National Hydroelectric Power Corporation under the Water (Prevention and Control of Pollution) Cess Act, 1977. Hydro‑electric plants were not originally listed in Schedule I, and a notification (GSR 377(E), 16 April 1993) was issued to add them. The respondents challenged…

Kasturi filed a suit for specific performance of a contract for sale against the vendor (respondents Nos.2 and 3). Respondents Nos.1 and 4‑11, who were not parties to the contract but claimed independent title and possession of the property, applied to be impleaded as defendants. The trial court and the Madras High Cou…

In Bharat Petroleum Corporation Ltd. v. Mumbai Shramik Sangha (2001), a civil appeal arose from a Bombay High Court order concerning the scope of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970. Two learned judges of the Supreme Court expressed doubt about the correctness of the Constitution Benc…

Shipping Corporation of India terminated an agency agreement with Machado Brothers in 1995; the latter sued for a declaration that the termination was illegal and obtained an interim injunction. In 2001 the corporation issued a second termination notice, prompting the respondent to file another suit. The corporation th…

The respondents were workmen of Maruti Ltd whose employment ended in 1977 due to the closure of the factory. After the Maruti Limited (Acquisition and Transfer of Undertakings) Act, 1980 transferred the company's assets to the Central Government and then to the appellant company, the workmen claimed re‑employment under…

The case concerned the interpretation of Explanation (2) to Section 40(b) of the Income Tax Act, 1961, which came into force on 1 April 1985. The issue was whether the explanation operated prospectively or was merely declaratory of the law already in force. The Supreme Court examined earlier decisions, particularly Bri…

The Commissioner of Central Excise (Pondicherry) challenged Acer India Ltd.'s practice of deducting the value of operational software from the assessable value of computers for central excise purposes. The Revenue argued that the software, being loaded in the hardware, formed part of the computer and its value should b…

The appellant, S. Thangappan, was a tenant of premises used for an automobile workshop. The respondent, P. Padmavathy, filed an eviction petition under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging non‑payment of rent from October 1982 to May 1983, the need for demolition and reconstruction, and…

The respondent, a naval officer, was convicted by a Court Martial for offences under the IPC and the Navy Act. He challenged the conviction, arguing that three members of the Court Martial were incompetent to act as impartial judges and that the trial Judge Advocate had summarily rejected his objections without referri…

The appellant’s lands were acquired under the Land Acquisition Act, 1894 and an award was passed in 1981. The reference court enhanced the compensation in 1990 but failed to grant the statutory benefits under Sections 23(1A), 23(2) and 28 of the Act as amended by the 1984 Amendment Act. Subsequent applications resulted…

The appellants, appointed on daily wages by the Indore Development Authority for a project, later received salary, PF and leave benefits and sought regularisation of their service after the project ended. The High Court dismissed their claim, holding that the appointments were not made to sanctioned posts and were void…

The Supreme Court heard a public‑interest litigation filed against the State of Jammu and Kashmir concerning the conduct of the annual Amarnath Yatra. The Delhi High Court had directed the State to keep the Balta route permanently open, akin to the Vaishno Devi route, and to improve the traditional Pahalgam route. The …

The Central Airmen Selection Board advertised a post of Airman with an upper age limit that could be relaxed by two years for candidates who had passed the Intermediate (+2) examination. Surrender Kumar Das applied claiming such qualification, qualified the written test and was called to report, but the Board later dis…

The appellants, husband and brother of the petitioner, were detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act on the grounds of alleged misdeclaration of an export consignment (claimed as alloy steel forging but allegedly metal scrap) and over‑invo…

The Supreme Court examined a writ petition filed by directors of Maharashtra Antibiotics & Pharmaceuticals Ltd. seeking relief against the Bombay High Court's order directing the State to arrest them and to compel the investigating agency to file a charge‑sheet. The Court held that arrest is a discretionary power of th…

The Supreme Court considered a dispute between National Insurance Company Ltd. and the owners of a vehicle (Chinto Devi et al.) where an accident occurred at 11:30 a.m. on 23 February 1987, the same day the insurance policy was purportedly issued. The insurer claimed the policy was issued at 4:45 p.m. (as per the cover…

MIS. I.T. Ltd. appealed to the Supreme Court against the order of the 10th Additional City Civil Judge, Bangalore, which dismissed its appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996. The central question was whether a revision petition under Section 115 of the Code of Civil Procedure (CPC) …

The Supreme Court examined a family‑run private company where the board had broadened capital by issuing 15,000 new equity shares, allocating 6,475 to the appellants and reserving 8,000 for the late chairman. The petitioner, a class‑I heir, claimed entitlement to the 8,000 shares and alleged oppression and mismanagemen…

The appellant, a 20‑year‑old man, was convicted of rape under Section 376 IPC for having sexual intercourse with a 19‑year‑old college student who alleged that she consented only because he promised to marry her. The trial court and the Karnataka High Court held that the promise constituted fraud that vitiated consent,…

The Commissioner of Central Excise appealed against the order of the Customs, Excise and Gold (Control) Appellate Tribunal which held that the making of trusses, columns and purlines by the assessee constituted manufacture. The Tribunal relied on the decision in Aruna Industries v. CCE Guntur, applying it to the facts …

Uttam Manohar Nakate, a helper employed by Bharat Forge Co. Ltd., was found sleeping on duty and admitted the misconduct. A domestic enquiry under Standing Order 24(1) of the Industrial Employment (Standing Orders) Act, 1946 found him guilty and dismissed him, noting three prior misconducts with minor punishments. Naka…

The appellant, a police constable and landlord, was convicted under Section 354 IPC for outraging the modesty of his tenant's wife, while the three co‑accused were acquitted. The trial court had found the complainant's and her son’s statements unreliable and declared them hostile, but still convicted the appellant. On …

The plaintiff filed a partition suit in 1976; the defendants repeatedly failed to appear, leading the trial court to post the case ex‑parte and pass a preliminary decree. The defendants filed applications under Order 9 Rule 7 and Rule 13 to set aside the ex‑parte order, both of which were dismissed, and they also appea…

A bus driven by the respondent crashed, killing seven passengers. The employer dismissed the driver after a domestic enquiry and sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act. The Industrial Tribunal refused approval, holding that the enquiry was flawed because the passengers we…

The appellant, Nathi Devi, was a long‑term tenant of premises that the respondent, Radha Devi Gupta, purchased in 1982. The respondent, a widow, filed an eviction petition under Section 14D of the Delhi Rent Control Act, 1958, claiming immediate possession for her own residence. The key issue was whether Section 14D ap…

The Division Manager, Plantation Division, Andaman & Nicobar Islands (the appellant) dismissed eight workmen for alleged misconduct after an ex‑parte domestic enquiry, as the workmen failed to attend the enquiry. The workmen raised an industrial dispute before the Labour Court, which ordered their reinstatement, holdin…

The appellants, three constables, were convicted for murder, attempted murder and related offences arising from a violent incident on 24 December 1996. The prosecution's case relied on three eye‑witnesses, forensic reports and seized weapons, but the Supreme Court found serious deficiencies: the FIR was interpolated to…

The appellant's son was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He filed a first representation on 12 April 2002 challenging the detention, which was rejected by the Central Government after the Advisory Board’s opinion. A second representation was filed on …

Six accused were charged with murder, attempted murder and other offences arising from a land‑dispute clash in Chhichrewal, Punjab. The trial court convicted all of them under Sections 302, 307, 323, 324, 326 IPC read with Sections 148 and 149, while the High Court set aside the convictions of three. The Supreme Court …

The appellant, a headmaster appointed to a government high school, was transferred to a middle school after the school's takeover and later absorbed back as headmaster of the high school with retrospective effect and consequential benefits by a government order dated 16‑Feb‑1994. The appellant filed a writ petition see…

The first respondent filed a nomination for the Lok Sabha election from Nagarkurnool (SC) constituency, but the Returning Officer rejected his Form B for leaving columns 2‑7 blank and consequently treated him as an independent candidate, refusing to allot the party symbol of Telangana Rashtra Samithi. The respondent an…

Ahmed Noormohmed Bhatti challenged the criminal proceedings initiated against him on complaints of private respondents and sought a declaration that Section 151 of the Criminal Procedure Code (CrPC) was unconstitutional. The Gujarat High Court dismissed his petition, holding that the provision was limited to a 24‑hour …

The Kapra Mazdoor Ekta Union challenged the Industrial Tribunal’s recall of its award dated 12 June 1987, which was based on a settlement reached on 17 May 1983 during conciliation proceedings. The union filed an application for recall on 7 September 1987, two days before the award became enforceable under Section 17A …

Chandrakant Uttam Chodankar and Jose Philips Domingo D'Souza filed election petitions challenging the election of respondents who were alleged to hold offices of profit. The Bombay High Court dismissed the petitions on preliminary grounds, holding that the copies of the petitions served on the respondents were not true…

The Chairman of the Standing Committee of the Kalyan‑Dombivli Municipal Corporation filed a writ petition seeking a mandamus directing the Commissioner to produce tender documents and related records before the Committee, arguing that the Committee could not decide on a contract without them and that the proviso to Sec…

The appellants—Munuswamy and his sons Kujlaresan and Selvam—conspired to kill the deceased, Adhimoolam, by waiting at a roadside, chasing him, overpowering him, and stabbing him with a pen‑knife on the father's order. The deceased died from injuries to vital organs. All three were convicted under Sections 341, 302 and …

Andhra Bank, a secured creditor, appealed against a Calcutta High Court order that directed it to pay Rs 38 lakhs on an ad‑hoc basis to the official liquidator for disbursing workmen’s salaries. The Supreme Court examined whether the High Court had jurisdiction to issue such an order, the priority of workmen’s dues ver…

The Reserve Bank of India (RBI) terminated a group of temporary workers known as "Ticca Mazdoors" who had been employed between 1980 and 1982 after alleging they produced forged certificates; they were later acquitted in criminal trials. In 1987‑88 they sought re‑employment, were refused, and raised an industrial dispu…

The appellant, Management of M/s. Sonepat Co‑operative Sugar Mills Ltd., terminated the services of Ajit Singh, who was employed as a Legal Assistant. Singh claimed that he was a "workman" under Section 2(s) of the Industrial Disputes Act, 1947 and sought reinstatement with back wages. The Labour Court and the Punjab &…

The Supreme Court examined whether an employer could close an industrial undertaking and retrench workmen without obtaining prior permission from the appropriate Government, and whether a settlement reached between the parties could override the statutory requirements of Sections 25‑N and 25‑0 of the Industrial Dispute…

Punjab National Bank filed a suit for recovery of money against a principal debtor and guarantors, which was transferred to the Debt Recovery Tribunal (DRT). The DRT decreed that the bank could recover the debt by selling the guarantors' mortgaged plant, machinery and property and directed the Recovery Officer to proce…

Dayal Singh was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 for selling hard‑boiled sugar confectionery that contained mineral oil, which at the time was deemed an unwholesome ingredient and amounted to adulteration. While his appeal was pending, the Rules were amended to permit m…

The petitioners, employees of various public sector undertakings in Bihar, sought enforcement of their fundamental right to life under Article 21 after prolonged non-payment of salaries, which had resulted in several deaths. The Supreme Court examined whether the States of Bihar and Jharkhand, as shareholders and contr…

In this civil appeal, the appellant (subsequent purchasers) challenged a Madras High Court decree for specific performance that had been affirmed after a trial court judgment. The High Court hearing concluded on 22 March 1989, but the judgment was delivered only on 24 January 1994, a delay of nearly five years. The app…

The landlord filed a suit for eviction of the tenant company for non‑payment of rent and, during the suit, sought an order under Section 11(4) of the Bombay Rents, Hotel and Lodging House Rates Control Act directing the tenant to deposit the arrears. The tenant argued that, because it had been declared a sick industria…

Shiv Kumar Bhaghat applied for an additional wholesale licence for Indian Made Foreign Liquor (IMFL) in Begusarai. The Collector recommended the licence, which the Excise Commissioner eventually approved after considering the Collector’s comments and other material. The sole existing licencee (respondent No. 5) challen…

The case arose from a strike that closed 58 textile mills in Bombay, leading to the framing of Regulation 58 under the Maharashtra Regional and Town Planning Act to modernise mills and develop surplus land. The regulation was amended in 2001, prompting a public interest litigation challenging its validity. The Bombay H…

The State of Chhattisgarh invited applications for retail liquor licences and, after receiving over 2.6 lakh applications, selected candidates by computer‑drawn lottery. Several applicants challenged the process, contending that Rule 9(d) of the 2002 Rules required a notarised affidavit at the pre‑selection stage and t…

Bhuna Co-operative Sugar Mills Ltd. filed income tax returns for AY 1992‑93 and 1993‑94 claiming a loss and seeking deduction of interest payable on loans to creditors. The Assessing Officer disallowed the deduction under Section 43B(d) and levied penal tax under Section 141(1)(A). The Commissioner of Income Tax (Appea…

The State, represented by the Narcotics Control Bureau (NCB), appealed against the Delhi High Court's order that quashed the conviction of Kulwant Singh under Section 21 of the NDPS Act, holding that the NCB was not a department and therefore its officers lacked authority to conduct search, seizure and arrest. The Supr…

Suneta Aggarwal applied for a Hindi lecturer post in a government‑aided college. The Selection Committee recommended her, but the Vice‑Chancellor disapproved the recommendation and ordered the post to be re‑advertised. Aggarwal applied again after the re‑advertisement, appeared before the new Selection Committee withou…

The CBI received a reliable tip that Tapan Kumar Singh, a senior official, had demanded and accepted a sum of Rs 1 lakh as illegal gratification and was carrying the cash on a train. A General Diary (G.D.) entry recorded this information, after which the police intercepted Singh, searched him, his belongings and his re…

The Board of Control for Cricket in India (BCCI), a society registered under the Tamil Nadu Societies Registration Act, was accused of acting arbitrarily in its election of office‑bearers and in disqualifying a candidate on residence grounds. The High Court admitted a review petition alleging breach of an undertaking g…

The appellants Hemraj, Gian Chand and Baldev Raj were acquitted by the trial court of murder (Sec. 302 IPC) read with Sec. 34 IPC, but the Punjab and Haryana High Court reversed the acquittal and convicted them. They appealed to the Supreme Court under Sec. 379 CrPC and Sec. 2(a) of the Supreme Court (Enlargement of Cr…

The case arose from a land dispute in which thirteen accused, some armed with guns, gandasa, knives and lathis, attacked members of the complainant's party, resulting in two deaths and several injuries. The trial court convicted all accused under sections 302 and 149 IPC, sentencing them to life imprisonment, while the…

The respondent, a student who failed Mathematics with 19 marks, applied to the Maharashtra State Board for 20 grace marks under Regulation 52(3)(a) sub‑clause (d) on the ground of participation in state‑level sports. The Board rejected the application, stating that even with the grace marks the student would not reach …

The State of Uttar Pradesh issued the U.P. Coal Control Order, 1977 under Section 3 of the Essential Commodities Act, 1955, requiring licences for brick kilns using slack coal and imposing conditions on the sale, price, size and export of the bricks produced. Brick manufacturers challenged the order, and the Allahabad …

The appellants were convicted of gang rape and criminal intimidation of a tribal school teacher under IPC sections 376(2)(G) and 506 and the SC/ST (Prevention of Atrocities) Act. The prosecution’s case rested on the victim’s identification of the three accused in court, despite no test identification parade being condu…

The Supreme Court considered whether advance tax and self‑assessment tax paid by Shelly Products could be refunded merely because the earlier assessment was annulled and the revenue could not pass a fresh assessment. The Court held that the liability to pay advance tax and self‑assessment tax arises under the Income Ta…

In the civil appeals filed by India Petrochemicals Corp. Ltd. (employer) and the employees arising from a Bombay High Court judgment, the employees attempted to introduce an additional affidavit dated 19 February 1999 without any court order permitting its filing. The employer did not file a reply to the affidavit. The…

In the civil appeals filed by India Petrochemicals Corp. Ltd. (employer) and the employees arising from a Bombay High Court judgment, the employees attempted to introduce an additional affidavit dated 19 February 1999 without any court order permitting its filing. The employer did not file a reply to the affidavit. The…

Bhola Singh was engaged as a trainee/apprentice under a state‑sponsored training scheme in the cane department of Dhampur Sugar Mills Ltd. After 45 trainees were interviewed, only 11 were regularised; Singh was not qualified and continued as a trainee until the scheme ended on 16 November 1987, when all remaining train…

The appellants Chittarmal and Moti were charged with murder and attempted murder for assaulting two sleeping men, resulting in their deaths, and grievously injuring a third witness, Lal Chand. The trial court convicted them under Sections 302 and 307 IPC and sentenced them to death, which was later commuted to life imp…

Geetu married Parvin Kumar and, two and a half months later, died by hanging. The prosecution alleged that her husband and in‑laws harassed her for a dowry car, constituting offences under Sections 304B and 306 IPC. The trial court and High Court convicted them, but on appeal the Supreme Court examined the oral testimo…

The petitioners challenged a Madras High Court judgment that a Letters Patent Appeal under Clause 15 was not maintainable against an order of a single High Court judge hearing an appeal. The Supreme Court examined the interplay between Section 104(1) and (2) of the Code of Civil Procedure, the saving provision in Secti…

The landlady and her two sons, owners of a premises leased to the Wadia Institute as a guest house, obtained a partial eviction decree for the ground floor on grounds of bona fide requirement. While appeals were pending, the District Magistrate of Nainital arbitrarily allotted the entire premises to the Director Genera…

The Supreme Court considered whether the sales‑tax exemption granted to industrial units under Bihar’s 1995 Industrial Policy (S.O. 478 dated 22‑12‑1995) survived the bifurcation of Bihar and the creation of Jharkhand. The Court held that Sections 84 and 85 of the Bihar Reorganisation Act, 2000 expressly continue all l…

M/s B.P.L. India Ltd. imported 100 kits of VTRs with colour monitors in semi‑knocked‑down condition and paid countervailing duty under tariff item 68. It then assembled the kits into finished VTRs/colour monitors at its factory and cleared them without paying central excise duty, without intimating the authorities and …

The petitioner Munir Alam filed a writ under Article 32 after his son Nadeem Alam was killed by police firing near the Vice‑Chancellor's lodge of Aligarh Muslim University on the night of 1‑2 October 1996. He alleged that the police investigation was biased and incomplete, and sought a fair inquiry by the Central Burea…

The case arose from the investigation of a massive counterfeit stamp scam in which the former Pune Police Commissioner, Ranjitsing Sharma, was arrested under the Maharashtra Control of Organized Crime Act (MCOCA) on allegations that he had helped and supported members of the organized crime syndicate. The prosecution a…

The case concerned a Deputy Commandant of the Border Security Force (BSF) who was accused of accepting bribes for recruitment. The Unit Commandant, who was also a prosecution witness, directed a subordinate Commandant to initiate disciplinary proceedings against the officer, attaching him to a wing of the same unit. Th…

The case concerned the murder of Ravinder Kumar on 1 August 1992. The prosecution alleged that Chander Pal (appellant‑1) and Rajinder (appellant‑2) stabbed the deceased, relying primarily on the testimony of the victim's brother (PW‑1) and a tea‑stall owner (PW‑2), while other key witnesses such as the person who took …

The husband (Mohd. Shamim) and his relatives were accused by his wife, Nahid Begum, of offences under Sections 406, 498A and 34 IPC. During the hearing of an anticipatory bail application, an Additional Sessions Judge facilitated a settlement whereby the appellants paid Rs. 2.25 lakh and agreed to pay a further Rs. 50,…

The Supreme Court considered appeals by L.S. Synthtics Ltd. against orders of the Special Court under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992, which had directed the appellant to pay a sum of Rs 34,99,900.68 with interest to the Custodian on behalf of the notified party, …

The appellant, Mukesh K. Tripathi, was appointed as an Apprentice Development Officer in LIC and was terminated during his apprenticeship without notice. He claimed that his dismissal violated Section 25F of the Industrial Disputes Act, 1947, arguing that he was a "workman" within the meaning of Section 2(s). The Supre…

The respondent, Siri Niwas, claimed that he had worked for more than 240 days in the twelve months preceding his termination by the Municipal Corporation, Faridabad, and therefore his retrenchment was illegal under Section 25F of the Industrial Disputes Act, 1947. The Industrial Tribunal found that he had worked only 1…

The State of Kerala created a monopoly in the wholesale trade of Indian Made Foreign Liquor (IMFL) by establishing the Kerala State Beverages Corporation (KSBC) as the sole purchaser of liquor from manufacturers. The dispute centered on whether the duty levied under Section 17 of the Kerala Abkari Act was a true excise…

The Supreme Court examined whether the Governor of Madhya Pradesh could, in his own discretion, grant sanction for the prosecution of two former ministers despite the Council of Ministers' refusal to do so. A Lokayukta report had found prima facie evidence of corruption and conspiracy under the Prevention of Corruption…

Tata Consultancy Services (TCS) sold canned computer software packages and was assessed sales tax by the Andhra Pradesh Commercial Tax Officer, who held that the software constituted "goods" under the Andhra Pradesh General Sales Tax Act, 1957. TCS appealed, arguing that software is intangible intellectual property and…

The Andhra Pradesh government, after a commission report, enacted the Andhra Pradesh Scheduled Castes (Rationalisation of Reservation) Act, 2000, which divided the 59 castes listed under Article 341 into four groups and allocated separate reservation percentages to each. The petitioners challenged the Act on the ground…

A complaint was filed before the National Consumer Disputes Redressal Commission (NCDRC) which the parties agreed to refer to arbitration. An arbitrator was appointed on 19‑May‑1995 and rendered an award on 19‑Aug‑1996, which the Commission accepted. The Supreme Court later held that the NCDRC could not refer the matte…

The Supreme Court was asked to resolve a conflict between two earlier decisions on whether the 'social forestry' department and similar welfare activities fall within the definition of "industry" under Section 2(j) of the Industrial Disputes Act, 1947. The conflict arose from differing interpretations of the expansive …

The Supreme Court examined whether a company, being a juristic person, can be prosecuted under Section 56 of the Foreign Exchange Regulation Act, 1973 when the statute mandates both imprisonment and fine. The appellants argued that because a company cannot be imprisoned, the provision could not apply to them. The Court…

The plaintiff‑respondent filed a suit for declaration and possession which was dismissed, and the subsequent appeal was also dismissed. The plaintiff then filed a second appeal under Section 100 of the Code of Civil Procedure before the Kerala High Court. The High Court entertained the second appeal and decreed in favo…

Arvind Mohan Johar and Anand Krishna Johari were granted bail by the Supreme Court on the basis that Rs. 17 crore and Rs. 13 crore respectively were lying in the credit of the Bombay Stock Exchange (BSE) and National Stock Exchange (NSE) and would be used to satisfy the claimants. The BSE and NSE later filed applicatio…

The employee, a muster‑roll labourer, assaulted his superior officer with a tension screw, causing a broken nose, and then remained absent without permission for three weeks. A domestic enquiry proved the misconduct and the employer dismissed him. The Labour Court set aside the dismissal as punitive, ordering reinstate…

Colonel (Retd.) Dhir Singh Chhina retired with a 60% disability (angina pectoris 40% and glaucoma 20%). The Medical Board held that these ailments were constitutional and not attributable to or aggravated by military service. He claimed a disability pension under Regulation 53 of the Armed Forces Pension Regulations an…

Canbank Financial Services Ltd., a subsidiary of Canara Bank, purchased CANCIGO units worth Rs 33 crore from a stock broker (Respondent 2) who had applied for the units through two other banks (Respondents 3 and 4) that held the certificates in their names but transferred possession to the broker. The Special Court hel…

For the assessment years 1987-88 and 1988-89 the Assessing Officer added income to Mis. Durga Engineering and Foundry Works under Section 68, treating certain cash credits as unexplained. The Commissioner upheld the additions, but the Income Tax Appellate Tribunal set aside the assessments and directed a fresh order. T…

The employee (Respondent No.1) was appointed on an ad‑hoc basis by Allahabad Jal Sansthan and terminated on 24 January 1987. He raised an industrial dispute and the Labour Court, in an ex‑parte award dated 11 April 2000, reinstated him with full back wages, holding the termination invalid under Section 6‑N of the U.P. …

Surinder Singh, who owned half of a property with his sister, entered into a sale agreement with Kapur Singh claiming authority to sell his sister's share as well. The sister denied such authority, leading the respondents to sue for specific performance. The trial court dismissed the suit, but the Punjab & Haryana High…

Viveka Nand Sethi, a cashier‑clerk of Jammu & Kashmir Bank, failed to resume duties after his leave expired and did not submit a proper medical‑leave application with a valid certificate despite repeated notices and memoranda. The Bank invoked clause 2 of the bipartite settlement (voluntary cessation of employment) and…

Rekha Mukherjee, the owner of a property, filed a title suit for eviction against Ashis Kumar Das and others. The respondents filed a suit for specific performance of three sale agreements, which the appellant later cancelled; the trial court dismissed the specific‑performance suit. The respondents obtained a partial r…

The Supreme Court entertained several Special Leave Petitions arising from a writ petition before the Gauhati High Court, wherein the High Court had directed the Secretary, Ministry of Coal and senior officers of Coal India Ltd. to appear personally and produce original documents. The Union of India, through the Solici…

The petitioners, residents of Santiniketan, filed a public interest litigation seeking to restrain the construction of residential and commercial complexes, especially on the ecologically sensitive 'Khoai' area, alleging violation of the Visva‑Bharati Act, 1951 and directions of the West Bengal Pollution Control Board.…

The Karnataka State Road Transport Corporation (KSRTC) appointed the respondents as Badli conductors, a day‑to‑day temporary position governed by the KSRTC Cadre and Recruitment Regulations, 1982. After repeated misconduct, the corporation terminated their services, removed them from the select list and forfeited any f…

The plaintiff, successor to Tukaram Devsarkar, entered into a 1969 agreement to purchase three acres of land from Balwantrao Ganpatrao Pande for Rs.2,000, paying Rs.1,000 as earnest money and stipulating that a sale deed be executed by 15‑April‑1972. The agreement contained a clause that if either party defaulted, the …

The case involved a dispute over 2.5 acres of land where the accused, who had obtained a court order and actual delivery of possession, were in possession against the deceased who was cultivating the land. On 23 July 1992 the accused formed an assembly, armed with knives and sticks, and were attacked by the deceased’s …

The case concerned Flight Lieutenant G.S. Bajwa, who was dismissed by a General Court Martial under the Air Force Act, 1950 for disobeying a medical examination order. Bajwa claimed that the trial violated his fundamental rights because he was denied a defence counsel of his choice at State expense and was not provided…

The Commissioner of Central Excise issued notices to M/s Tata Tea Ltd demanding cess on its 'instant tea' under Section 25 of the Tea Act, 1953. The company contended that 'instant tea' was not 'tea' as defined in Section 3(n) and therefore the notices were illegal. The Tribunal set aside the revenue's demand, relying …

The appellant Pratap Singh was charged with offences allegedly committed on 31‑12‑1998 and was produced before the Juvenile Court in 2000. The key issues were whether the age of a juvenile offender should be reckoned as of the date of the offence or the date of production before the court, and whether the Juvenile Just…

The petitioners challenged the Board of Control for Cricket in India (BCCI) under Article 32, alleging that its cancellation of a television rights tender violated their fundamental rights and that the Board should be treated as a "State" within the meaning of Article 12, making it subject to judicial review. The Court…

The petitioners, members of the Hindu Bawa community who migrated from Sindh, claimed that they were entitled to reservation benefits for Nomadic tribes under the Maharashtra Government Resolution of 21 November 1961, which listed "Gosavi" and its synonyms, including Bawa. The State of Maharashtra issued a later resolu…

The appeal concerned a partition suit whose final decree was passed in 1968, followed by a series of appeals and a formal decree dated 30 October 1986. The judgment debtor filed an execution petition in 1997, which the executing court dismissed as barred by limitation. The Supreme Court examined whether the decree beca…

The Supreme Court examined whether apprentices appointed under the Apprentices Act, 1961 become "workmen" under the U.P. Industrial Disputes Act, 1947 and the Industrial Disputes Act, 1947, and whether the requirement in Section 4(4) of the Apprentices Act to send the contract to the Apprenticeship Adviser for registra…

The brothers Nandu Rastogi and Bal Mukund Rastogi, together with Jagdish Chamar and two unknown persons, were convicted for the murder of Shankar Rastogi, the son of informant Shyam Mohan Rastogi, over a property‑eviction dispute. The prosecution proved that the accused entered the informant’s shop armed, seized the vi…

The appellant, Oberai Forwarding Agency, was hired to transport a consignment of broken rice, which was lost in transit. The consignee (second respondent) claimed the loss from New India Assurance Co. Ltd. (first respondent), which paid compensation and obtained a "Letter of Subrogation" and a Special Power of Attorney…