R P SETHI

The landlord, Sri Kempaiah, filed an eviction petition under the Karnataka Rent Control Act, 1961, claiming a reasonable and bonafide requirement for the premises and alleging arrears of rent. The trial court allowed eviction on the basis of bonafide requirement but rejected the landlord’s claim of arrears because he c…

The incident occurred on 21 July 1981 when a group of accused, armed with lathis, entered the field of Sardari Raut and Hakim Raut to forcibly dispossess them of land. During the confrontation, Sukhan Raut ordered Bhaiya Mani Raut to strike Sardari Raut, who received a blow to the head and later died, allegedly after a…

The plaintiff, a daughter of the deceased Indira Bai, sued her siblings and father claiming a one-sixth share of the estate, alleging the will dated 26 August 1981 was forged. The trial court upheld the will based on attesting witnesses, but the Kerala High Court set aside that finding, deeming the will "unnatural" due…

The appellants, Ayyub and Abdul Jabbar, were convicted by a Designated TADA Court for throwing bombs at a police picket, causing one death and several injuries, and were sentenced under the Terrorist and Disruptive Activities (Prevention) Act (TADA), the Indian Penal Code and the Prevention of Damage to Property Act. A…

Harisingh M. Vasava was charged with murder under IPC 302 for killing a woman who lived with him as his wife. The crime occurred in the house of the complainant, who was a tenant of the deceased and witnessed the attack. The trial court acquitted the accused, holding that the prosecution failed to link him to the crime…

The deceased Raj Karan was attacked with lathis by the accused Bishna and Balbir, sustaining fatal head injuries. Two relatives, Sukhchain Singh (PW‑1) and Jai Karan (PW‑2), witnessed the assault, took the victim to the hospital, and later gave statements that formed the core of the prosecution case. The trial court co…

The three accused (Ezhil, Saravanan and Mohammed Iqbal) were charged with robbery, murder and related offences after a car they were travelling in was intercepted carrying articles belonging to the deceased, Masukuthu Ali, whose body was later found stabbed. The prosecution relied on circumstantial evidence, including …

The plaintiff, Jaipur Traders Corp. Pvt. Ltd., executed a sale deed for an oil mill and received an initial payment, but the balance consideration was withheld pending income‑tax clearance. The parties entered into a written settlement with a director that deferred the balance payment until all formalities were complet…

The State of Orissa appealed against the High Court's acquittal of eight accused of rape and murder of Chhabirani. The husband (PW‑1) witnessed the gang‑rape and murder at a river bed and, despite police inaction, lodged an FIR. The trial court convicted all eight under Sections 302 and 376 IPC read with Section 34, al…

The appellant, convicted of murder and sentenced to life imprisonment, filed an appeal that remained pending in the Madhya Pradesh High Court for many years without being listed for hearing. The High Court rejected her bail application, prompting a petition before the Supreme Court. The Court held that speedy trial is …

The appellant claimed a right of pre-emption under Section 16(3) of the Bihar Land Reforms Act, 1961 after a sale deed was registered on 30 January 1988. He filed an application on 30 April 1988, seeking to have the land transferred to him. The issue before the Supreme Court was whether this application was filed withi…

The case involves a head‑on collision between a car driven by Dr. Venkatesh Kanakareddy and a mini‑lorry driven by Sharanappa Basanagouda Aregoudar, resulting in four deaths and one injury. The accused was convicted under IPC Sections 279, 337, 338 and 304A for rash and negligent driving. The trial magistrate sentenced…

Khet Singh was apprehended while travelling in a truck that contained a polythene bag of opium. The contraband was seized and samples were taken at the Customs Office, but the seizure mahazar was not prepared at the spot of recovery as required by the NDPS Act and related standing instructions. The appellant contended …

The case involved Sukhbir Singh, who was convicted of murder (Section 302 IPC) along with eight co‑accused for a fatal assault that arose from a sudden quarrel over mud splashed on him. The prosecution alleged that all nine formed an unlawful assembly with a common object to kill the deceased, invoking Section 149 IPC.…

The appellant entered into a sale agreement for land where time was not stipulated as the essence. When the respondent failed to execute the sale deed, the appellant sued for specific performance. The trial court and the first appellate court both held that time was not essential, the appellant was ready to perform, an…

Shamsher Khan was convicted for manufacturing and storing bombs in his Delhi house, which later exploded, killing three and injuring many. He was sentenced under IPC sections 304, 308, 120‑B, TADA sec. 5 and Explosive Substances Act sec. 4(b). On appeal he challenged the culpable homicide convictions, arguing that his …

The Supreme Court examined a public‑interest writ petition challenging several gifts of village common (shamlat) land by the Bhondsi Gram Panchayat to a former Prime Minister and his trust. The petitioner alleged that the gifts violated the Punjab Village Common Lands (Regulations) Act, 1961, its 1964 Rules, and the Fo…

A complaint alleging serious offences was filed before a magistrate who, invoking his power under Section 156(3) of the Code of Criminal Procedure, ordered the Central Bureau of Investigation (CBI) to investigate and required a final report. The CBI challenged the order, arguing that a magistrate has no jurisdiction to…

The Central Bureau of Investigation (CBI) filed a criminal appeal against a Karnataka High Court order that discharged two of six accused, including former Chief Minister Bangarappa and his private secretary Suri Babu, in a case under the Prevention of Corruption Act, 1988 and IPC section 120‑B. The trial court had ear…

The case concerned a mass murder on 25 August 1991 in which Vijay Singh was killed and Sanuj Singh injured; twelve men were charged under IPC sections 302, 149 and 307 and the Arms Act. The trial court convicted all accused, but on appeal the Supreme Court examined procedural lapses such as delay in lodging the FIR, de…

The State of Orissa prosecuted Thakara Besra and another accused for rape under Section 376 of the IPC. The prosecutrix testified that the accused forced entry through the thatched roof, assaulted her, and left blood and semen stains on her petticoat, which were confirmed by medical and forensic reports. The trial cour…

Beckodan Abdul Rahiman was arrested after a police search that uncovered 11 grams of opium. The search was conducted without complying with the mandatory procedural safeguards under Section 42(2) and Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, namely the requirement to forward a written reco…

On 23 July 1994 a mob of 300‑400 persons armed with guns and petrol bombs attacked the house of informant Ganesh Singh in Amarpur, Bihar, killing six members of his family. The informant identified 19 persons, including the appellants Chandra Bihari Gautam and others, and the prosecution charged them under IPC Section …

The State of Punjab appealed against a High Court order that quashed FIRs and subsequent proceedings against Harnek Singh, alleging that the investigations were conducted by police officers not authorized under the Prevention of Corruption Act, 1988. The accused had been investigated under notifications issued under th…

The appellant, St. Anny Felix Pinto, was convicted under Section 138 of the Negotiable Instruments Act and sentenced to imprisonment and a fine of twenty lakh rupees. He appealed to the High Court of Bombay for suspension of the sentence, which the High Court granted on the condition that a portion of the fine, four la…

The legal heirs of a deceased motor‑vehicle accident victim claimed Rs 2 lakhs from Oriental Insurance Co. Ltd., the insurer of the auto‑rickshaw that caused the death. The insurer argued that its liability was capped at Rs 50,000 under the insurance policy, while the claimants relied on Section 96 of the Motor Vehicle…

The appellant, C. Gangacharan, sent money from abroad to the respondent, C. Narayanan, to purchase immovable property in the appellant's name, but the respondent bought the property in his own name and that of his brothers. The appellant filed a suit for possession in 1983, which was decreed in 1985. While execution wa…

The Supreme Court examined the murder of an army officer allegedly orchestrated by his wife (Al) and her paramour (A2) with the help of two accomplices (A3, A4). The trial court convicted Al and A2 under Section 302 IPC, while acquitting A3 and A4; the High Court upheld Al and A2's convictions and convicted A3 and A4. …

Allarkha K. Mansuri was charged with murder under Sections 302, 504 and 114 IPC for allegedly stabbing Abdul Karim Ali Mohamed with a dharia. The trial court acquitted him, relying on alleged discrepancies in the FIR, the time of death, weapon identification and the alleged lateness of statements under Section 161 CrPC…

On 23 October 1989, two nephews of Hardip Singh were shot dead by Jugraj Singh and his accomplices who were armed with guns and a gandasa. The prosecution presented the two surviving relatives as eye‑witnesses, supported by a post‑mortem report that identified gun‑shot injuries, and the trial court convicted the accuse…

Belapur Sugar & Allied Industries Ltd produced excess sugar between 1 May and 11 June 1982 and paid excise duty under Notification No.132, which excluded factories with nil production in the preceding three years. Notification No.193 of 11 June 1982 substituted paragraph 4 of the earlier notification, extending the reb…

Lal Woolen and Silk Mills (P) Ltd. paid excise duty on grey worsted woollen yarn and later on dyed yarn and sought a set‑off of the differential amount. The claim was based on Rule 56A of the Central Excise Rules, which allows a proforma credit if an application is made under sub‑rule (2). The assessee did not make suc…

The petitioners, American Remedies Pvt Ltd and another, challenged a demand for differential sales tax that arose after the Andhra Pradesh legislature amended Entry 37 of the Andhra Pradesh General Sales Tax Act, 1957 by the 1996 Amendment Act. They argued that the demand was invalid and that liability should depend on…

Sovintorg (India) Ltd. deposited a cheque for Rs 1 lakh with State Bank of India in June 1983; although the cheque was cleared, the proceeds were not credited to its account for seven years. The company claimed compensation, damages and 24% interest under the Consumer Protection Act, 1986. The State Consumer Disputes R…

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

The appellant tenant occupied premises on a yearly lease and continued after the lease expired. The landlord filed a civil suit for arrears of rent covering 1 November 1978 to 29 September 1981, which the tenant paid and the landlord accepted before the landlord filed an eviction application under Section 15(2)(ii) of …

Ravindra Shantaram Sawant was convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA), the Arms Act and the IPC for firing a revolver in the Sessions Court, injuring the victim Ashwin Naik and three police officers. The appellant argued that the police eye‑witnesses required independent corrobor…

The appellant, along with two friends, advanced Rs 7.5 lakhs to the respondent about four years before the respondent issued a cheque on 30‑03‑1998, which was later dishonoured. The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, and the magistrate issued summons. The respondent o…

The Supreme Court examined an appeal by Savitri Pandey and her husband P.C. Pandey challenging a High Court order that set aside a Family Court decree of divorce on the grounds of desertion and cruelty. The wife had alleged that her husband had subjected her to cruelty and had deserted her after they lived separately f…

The landlords filed an eviction suit under Section 11(1)(c) of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982, claiming that the premises were needed in good faith for their own use and for a clinic of the son‑in‑law. The trial court, after examining the evidence, held that the requirement was bona fide …

Bharti Telecom Ltd imported polypropylene under the Value Based Advance Licensing Scheme (VBALS) and claimed duty‑free clearance under Notification No. 203/92. The Customs Department issued a show‑cause notice alleging that Bharti had availed MODVAT credit on inputs used for export, thereby violating the exemption cond…

The appellants Rajesh and others were convicted under IPC sections 120B, 452 and 302, and the Arms Act for the murder of Girish Namdar, alleged to have been motivated by a love‑affair dispute. They appealed, claiming the First Information Report (FIR) was ante‑timed to plant eye‑witnesses, that the inquest panchanama’s…

The aircraft of British Airways unloaded cargo at Delhi airport. Customs authorities issued show‑cause notices alleging that some packages were short and imposed a penalty under Section 116 of the Customs Act. The carrier argued that it was not the ‘person in charge’ of the aircraft under Section 2(31) and therefore co…

V.P. Ahuja was appointed as Chief Executive of the Punjab Co-operative Cotton Marketing and Spinning Mills Federation Ltd on a two‑year probation. The management terminated his services on 2 December 1998, stating that he had failed administratively and technically, invoking a clause that allowed termination without no…

The wife, Rashmirekha, hanged herself at home, leading her father to file an FIR alleging that her husband, Ganatanii Paitanaik, and his family murdered her over dowry demands. The trial court acquitted the husband of the dowry‑death charge (Sec. 304B IPC) but convicted him under Sec. 498A IPC for cruelty, sentencing h…

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

The appellants imported polyvinyl alcohol and argued that, under Section 3 of the Customs Tariff Act, 1975, they should pay the same duty rate as an Indian manufacturer, i.e., the concessional 10% ad valorem rate provided by Excise Notification No. 185 of 1983, provided the raw material (vinyl acetate monomer) had appr…

The landlords filed a suit for eviction of the tenant, Vasant Ganesh Damle, on the ground of arrears in rent. The trial court dismissed the suit, but the appellate court reversed the decision, holding the tenant liable for eviction. The tenant contended that he was entitled to protection under Section 12(3) of the Bomb…

The Union of India appealed against the Bombay High Court’s order dismissing Solar Pesticides Pvt. Ltd.’s claim for refund of additional customs duty paid on imported copper scrap used as raw material for copper oxychloride. The issue was whether the doctrine of unjust enrichment applies when imported raw material is c…

The Revenue, represented by the Assistant Director of Inspection Investigation, challenged the constitutional validity of Sections 269SS, 271D (and the earlier 276DD) of the Income Tax Act, 1961, which penalise borrowers for taking loans or deposits in cash while exempting lenders. The High Court had quashed the prosec…

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

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

On 12 January 1981 a dispute over alleged uprooting of crops on the victim’s land led to a scuffle in which the victim Sotilal Yadav was assaulted by several accused and died on the spot. The trial court convicted all seven accused under various provisions including murder (Sec.302 read with Sec.149), theft (Sec.379), …

The State of Haryana charged Vidhya Dhar under Sections 18 and 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of 2.25 kg of opium recovered during a search. The accused was offered the option of a search in the presence of a gazetted officer or magistrate, which he declined. A sample of t…