S B MAJMUDAR

The Maharashtra Girni Kamgar Union (appellant) sought cancellation of the registration of respondent No.4 union as a representative union under Section 15(b)(ii) of the Bombay Industrial Relations Act, 1946, alleging that its membership fell below the 25% statutory minimum for a continuous three‑month period. The dispu…

The appellant, a landlady, filed an eviction petition against the lessee under Section 23A(b) of the Madhya Pradesh Accommodation Control Act, 1961. The High Court dismissed the petition, holding that the appellant was not the owner because the premises were owned by the Municipal Corporation. On appeal, the Supreme Co…

M/s. FabriL Gasosa entered into a written settlement with the employees' union in 1986 providing for Variable Dearness Allowance (VDA). The union later gave notice of termination and issued a fresh charter of demands, but did not alter the VDA rate. The employer unilaterally froze VDA and claimed an oral agreement to t…

The appellants (Accused Nos. 1‑4 and 6) were convicted for murder, attempted murder and related offences after a group assault on a printing press and the deceased’s residence, resulting in the death of Ramanbhai Mohanbhai. The prosecution relied on a dying declaration, medical evidence, and testimonies of six eyewitne…

The State of Punjab appealed a judgment of the Punjab & Haryana High Court (RA No. 164 of 1992) challenging the same legal question previously decided in State of Punjab & Ors. v. Vinod Kumar & Ors. (Civil Appeal No. 1879 of 1993). The Supreme Court, recalling its earlier order that had allowed the appeal in Vinod Kuma…

The Supreme Court considered the classification of mazdoors employed in the military engineering department following the recommendations of the Third Pay Commission. Some workers, after passing a prescribed test, were initially placed in the skilled category but were later re‑fit into the semi‑skilled category with an…

The petitioners, legal heirs of a deceased licensee, challenged the continuation of summary ejectment proceedings under Section 41 of the Presidency Small Cause Courts Act, 1882, after the licensee's death. They argued that the cause of action was personal and should abate with the licensee's demise, relying on earlier…

The Haryana State Electricity Board (the Board) awarded a cleaning contract to a contractor, Kashmir Singh, who supplied 42 safai karamcharis. After the workers completed more than 240 days of service, they claimed permanent absorption under Section 10 of the Contract Labour (Regulation & Abolition) Act, 1970. The Labo…

The Supreme Court examined a report by former Justice O. Chinnappa Reddy investigating Delhi Development Authority (DDA) officials who allegedly colluded with Skipper Construction to hand over land possession without full auction payment and to allow construction, causing loss to the DDA and the public. The report foun…

The appellant, Dr. KM Suman Agarwal, was directly recruited as a Reader in July 1987, while the respondent, Dr. (Mrs.) Hiru Kumar, was promoted to Reader in February 1985 under the personal promotion scheme. When the Director of the Home Science Institute went on leave, the respondent claimed the right to act as Direct…

The Daily Pratap, a newspaper printing business, paid its employees a "Production Bonus" that was a flat‑rate extra amount for extra work. The Regional Provident Fund Commissioner demanded contributions under Section 6 of the Employees' Provident Fund and Miscellaneous Provisions Act, 1959, asserting that the bonus for…

The Supreme Court examined whether a suspended employee and his employer must pay Employees' State Insurance (ESI) contributions on the subsistence allowance paid during a suspension pending a domestic enquiry. The High Courts had held that such allowance was not "wages" under Section 2(22) of the ESI Act and therefore…

The Supreme Court considered an appeal by Reliance Industries Ltd. against the Gujarat High Court’s dismissal of its review petition challenging a writ order passed under Article 226 that directed polluting industries to install effluent treatment. The division bench of the High Court had differed on the merits, and di…

The Food Corporation of India (FCI) had taken several Sub‑Inspectors of the West Bengal Government on deputation and assigned them to the duties of Assistant Grade‑II for more than eighteen years. When the deputationists were to be absorbed into FCI's regular service, the corporation’s circular proposed their fitment i…

The State of Uttar Pradesh sought to levy excise duty on various categories of wastage arising in the manufacture of Indian Made Foreign Liquor (IMFL): (A) wastage exported outside the State, (B) wastage during transport of high‑strength spirit, (C) loss due to obscuration in rum production, and (D) pipeline loss. The …

Four lecturers of junior colleges in the Union Territory of Lakshadweep were originally designated as lecturers but later re‑designated as junior lecturers and placed on a lower pay scale. They challenged the re‑designation, and the Kerala High Court held that their duties were comparable to those of lecturers in degre…

The case concerned an appeal to the Division Bench of the Bombay High Court against an order dated 15 November 1994 passed by a Single Judge in a suit for dispossession under Section 6 of the Specific Relief Act. The respondents argued that Section 6(3) of the Act barred any appeal or revision against such orders, rend…

The Supreme Court issued a clarificatory order modifying its earlier judgment (1 May 1996) in Writ Petition (C) No. 1128 of 1986, which had provided for discharge or acquittal of accused whose criminal trials were pending for a prescribed period. The Court held that the relief does not apply where the pendency is cause…

Ranjit Kumar Majumdar, a civilian employee holding a civil post in the defence services, was suspended under Rule 10(1) of the Central Civil Services (Classification Control and Appeal) Rules, 1965 while a criminal prosecution was pending. He challenged the suspension before the Central Administrative Tribunal, arguing…

Associated Power Co. Ltd., an electricity generation and distribution company, appropriated Rs 46,460 to a Contingency Reserve as required by the Electricity (Supply) Act, 1948 and claimed it as a deduction for the assessment year 1973‑74. The Income Tax Officer rejected the claim; the Appellate Assistant Commissioner …

The respondent, Shakeel Ahmed, was detained on July 31, 1989 under Section 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He challenged the detention, and the Allahabad High Court set aside the order on two grounds: a one‑month delay in disposing his representation a…

Gurmit Kaur, married in 1971, entered into a mutual consent divorce agreement with her husband Surjit Singh, who subsequently remarried. She filed a petition under Section 125 of the Code of Criminal Procedure, 1973 for maintenance. The magistrate granted her Rs.200 per month and Rs.100 for her minor son; the Additiona…

The State of Punjab charged Jasbir Singh with possession of 70 bags of poppy husk without a licence under the Narcotic Drugs and Psychotropic Substances Act, 1985. Police intercepted the contraband but failed to obtain a written waiver from the accused confirming they had no objection to the search and were informed of…

The respondent, an Assistant Godown Manager, misappropriated Rs. 2,61,859.30 in 1976. A departmental enquiry began in 1979 and prosecution was initially filed in 1985 without the mandatory sanction under Section 197 of the Code of Criminal Procedure, 1973, leading to his discharge. After obtaining the sanction in 1991,…

A food inspector collected milk samples from the respondents' premises and, after a public analyst reported adulteration, the local health authority granted sanction under Section 20(1) of the Food Adulteration Act, 1954, to prosecute. The sanction was issued as a cyclostyled order without detailed reasons. The trial m…

Nahar Singh appealed against the State of Uttar Pradesh challenging the validity of a land acquisition proceeding that began in 1974. A notification under Section 4(1) and a declaration under Section 6 of the Land Acquisition Act, 1894 were issued, but no award was made. The Land Acquisition (Amendment) Act, 1984 intro…

The appellants, lower‑division clerks in district police offices of Orissa, sought parity in pay scales and benefits with ministerial staff serving in the head offices of the DIG, IG and DGP. The Orissa Administrative Tribunal rejected their claim, holding that the two groups formed separate cadres. The State relied on…

Hari Krishna Patel and another filed a suit seeking a declaration of title and a perpetual injunction over a parcel of land in Musheerabad, Hyderabad, alleging purchase from Kulsum Bi. The plaintiffs offered no documentary proof of title except a sale deed executed by the plaintiff's father in 1968. The High Court, rel…

The Collector issued a notification under Section 4(1) of the Land Acquisition Act, 1896 to acquire land for the weaker sections (Scheduled Castes and Scheduled Tribes). The High Court quashed the notification on the grounds of colourable exercise of power, non‑application of mind by the Collector, and failure to obtai…

The Kerala Government issued a notification under the Land Acquisition Act, 1894 to acquire a small parcel of land bearing a shop owned by K.K. Pankajakshy, alleging the need to provide a passage for the annual temple procession of Sree Jagannath Temple managed by Jnaneda Ya Yogam. The High Court held that the acquisit…

J.M.A. Industries, a manufacturer of light switches, dipper switches and bulb holders solely for motor vehicles, challenged a notice levying excise duty under Tariff Item 61 (Electric Lighting Fittings). The Delhi High Court held that such items, being intended for vehicles, are not covered by Item 61 and quashed the n…

Mis Garware NyLons Ltd., a manufacturer of nylon and polyester yarn, imported goods that were subject to octroi. The municipal corporation valued the goods for octroi under Rule 17(a) of the Maharashtra Municipalities (Octroi) Rules, 1968 and included the customs duty paid on the imports. The appellant challenged this …

The Bank of Thanjavur was amalgamated with Indian Bank under a Scheme of Amalgamation framed pursuant to Section 45 of the Banking Regulation Act, 1949. The heirs of employees who died while in service of the transferor bank claimed compassionate appointments based on a 1982 settlement entered into under Section 2(p) o…

The proprietor of Hotel Darpan in Mussoorie was served notices under Section 10 of the Uttar Pradesh Taxation and Land Revenue Laws Act, 1975, demanding payment of a Rs 5,000 amount and threatening a daily fine for non‑deposit. The appellant argued that the demand was for a penalty imposed for failure to file the requi…

The Uttar Pradesh Public Services Tribunal set aside the removal of Rameshwar Dass Gupta and ordered his confirmation, promotion and payment of salary, gratuity and pension. Gupta filed an execution petition under Order 21 Rule 1 of the CPC to recover the awarded amounts. The executing court, however, added interest at…

Rameshwarlal, a former employee of the Municipal Council, Tonk, claimed arrears of salary for the period September 10, 1987 to August 18, 1988. He filed a writ petition under Article 226 of the Constitution in the Rajasthan High Court in February 1990, which was dismissed on the ground that the claim was civil in natur…

The Supreme Court considered a series of appeals and writ petitions filed by Mahavir Sugar Mills Ltd. and related parties against the State of Uttar Pradesh concerning the U.P. Sugar Undertakings (Acquisition) Act, 1971. The Court noted that the validity of the Act had already been upheld in Ishwari Khetan Sugar Mills …

Pattu Lal was convicted of murdering his wife Chameli Devi under Section 302 IPC. The prosecution’s case rested on the deposition of the investigating officer that the son, Bishan Dial, lodged the FIR and produced his father with blood‑stained clothes and the weapon (toka) at the police station. Bishan later turned hos…

The Supreme Court considered appeals filed by the Andhra Pradesh Pollution Control Board challenging the High Court's order granting consent to a company to set up a castor‑oil derivatives plant near the Himayat Sagar and Osman Sagar catchment areas. The Board argued that the industry fell in the "red" hazardous catego…

The Lucknow Nagar Mahapalika entered into a one‑sided agreement with M.I. Builders to construct an underground shopping complex on Jhandewala Park, a historic public park, without inviting tenders or obtaining required statutory approvals. The High Court held the agreement illegal, arbitrary and violative of the U.P. M…

The case concerned a dwelling‑house owned by an undivided family in which one co‑owner sold his one‑third share to Babu Lal, a stranger to the family. Respondent No.1, the decree‑holder in a partition suit, sought a decree under Section 4 of the Partition Act, 1893, to buy out Babu Lal's share, even though Babu Lal had…

The case concerned an Otti mortgagee (defendant No. 2) who, after a preliminary decree of redemption, claimed to be a "cultivating tenant" under the Kerala Land Reforms (Amendment) Act, 1969 and obtained a purchase certificate from the Kerala Land Tribunal. The appellant sought to have the final decree proceedings in t…

Therakhatoon purchased land in 1966 and later alleged that her neighbour, Slambin Mohammad, illegally occupied part of it and constructed two rooms in 1967. After a delay of several years, she filed a suit for possession, injunction and damages, which was initially dismissed by the trial court, reversed by an appellate…

The Rajasthan Public Service Commission advertised 23 Assistant Director (Junior) posts in 1993, but the State Government halted recruitment to amend the service rules. The 1995 amendment abolished the Assistant Director (Junior) cadre and created a new Marketing Officer cadre with different qualifications. The origina…

Ram Lubhaya Bagga, a Punjab government employee, suffered a heart attack and was treated at Escorts Heart Institute, incurring Rs. 2,11,758.70 in expenses. He claimed full reimbursement under the 1991 policy that allowed full payment at designated private hospitals, but the Punjab Government had issued a new 1995 polic…

The Tamil Nadu Housing Board was exempted from the Payment of Bonus Act, 1965 by two Government Orders issued under Section 36 of the Act (1979 and 1982). Employees of the Board challenged the exemptions, and the Madras High Court set aside the orders, directing the Board to pay statutory bonus from the 1978‑79 account…

The owners of motor trucks, who employed drivers and cleaners, suffered fatal accidents and their employees' heirs filed claims under the Workmen's Compensation Act, invoking Section 167 of the Motor Vehicles Act. The Workmen's Commissioner awarded compensation, interest, and penalty, holding the insurance companies jo…

The Supreme Court was asked to resolve a dispute between the two factions of the Malankara Orthodox Syrian Church over the fairness of clause 68 (renumbered as clause 71) of the 1934 Constitution, which gave equal representation to each Parish Church irrespective of its size. The Court held that the clause was not fair…

The case concerned the estate of the late R. Rosaiah, whose widow Lakshmamma (L) had been granted a life interest in his properties under a compromise decree. L later remarried in 1953 and attempted to adopt a boy as the heir of her first husband, which the trial court rejected. The principal questions were whether L's…

The Supreme Court examined appeals arising from the Delhi High Court’s order on the appointment of Assistant Engineers (Civil) in the Municipal Corporation of Delhi. The Court held that respondents could challenge adverse findings of the High Court even without filing a separate appeal. It clarified that the two‑year p…

The Municipal Board of Saharanpur assessed house‑tax and water‑tax on a defunct railway company’s properties situated in a single complex with a "common compound". The Board treated all buildings as one unit for both taxes and allowed a 10% depreciation on the estimated cost of the buildings. The District Magistrate up…

The Municipal Board of Saharanpur sought to levy water tax on Imperial Tobacco's factory and residential buildings under Section 128(1)(x) of the U.P. Municipalities Act, 1916, claiming that the entire complex lay within a 600‑foot radius of a public stand‑pipe and was situated in a "common compound". The respondent ar…

The appeal concerned the determination of the earliest deemed date of construction under Explanation (a) of Section 2(2) of the U.P. Urban Building (Regulation of Letting Rent and Eviction) Act, 1972. The Supreme Court held that the deemed construction date is the earliest of (i) the date the local authority records th…

The State of Manipur reconstituted its State Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974, appointing a Chairman whose three‑year term was to end on 4 May 1998. After the Chairman resigned, Chandam Manihar Singh was nominated on 16 October 1996 to fill the casual vacancy. He w…

The plaintiffs, sons of a borrower, sued to declare the sale deeds executed by their father null and void, alleging that the transactions violated Section 49 of the Gujarat Co-operative Societies Act because the father had an outstanding loan to the Rampara Seva Sahakari Mandali. The trial court found no evidence of il…

Harbans Lal was convicted for the murder of his wife Punni Devi, who died from burns, along with his two sons. The trial court sentenced all three to life imprisonment; the High Court acquitted the sons but upheld the husband's conviction. On appeal, the Supreme Court examined the prosecution's case, which rested mainl…

The respondents challenged the Tamil Nadu Court Fees and Suits Valuation Act, 1955, which levied court fees at a flat ad‑valorem rate of 7.5% without any upper limit, arguing that the levy was arbitrary, excessive and in reality a tax, violating Entry 3 of List II of the Constitution. The Madras High Court struck down …

A super‑fast train collided with a hired passenger bus at an unmanned level crossing in Kerala, killing most of the bus occupants. The Supreme Court examined whether the bus driver was negligent, whether his negligence could be imputed to the passengers, and whether the railways owed a common‑law duty of care despite t…

The State (Excis e Superintendent, Malkapatnam) sought to fill 723 posts by selecting candidates whose names were sponsored through the employment exchange, while the respondents, who applied independently, were excluded. The respondents approached the Andhra Pradesh Administrative Tribunal, which issued interim direct…

The appellants inherited land that had been sold by a Mool Raiyat in 1939 to Bimal Kanti Roy Choudhury and subsequently in 1950 to their father, Radha Prasad Singh. The sale of 38.09 acres was approved and mutated by the Sub‑Divisional Officer and Deputy Commissioner after a seven‑month scrutiny, creating a vested righ…

The Union of India challenged two orders of the Central Administrative Tribunal (CAT) that had granted higher pay‑scales to a laboratory assistant and a malaria technician beyond those prescribed in the Central Civil Services (Revised Pay) Rules, 1986. The Supreme Court held that the Tribunal had overstepped its jurisd…

Ferro Alloys Corp. Ltd (FACOR) sought a mining lease for chromite in Sukinda Valley after the Central Government, following a high‑power expert committee (Sharma Committee), reduced the area previously granted to Tata Iron & Steel Co. (TISCO). The Committee assessed the needs of all claimants, including FACOR, and the …

M/s Paharpur Cooling Towers Pvt. Ltd. was engaged in constructing cooling towers and purchased hub‑and‑blade assemblies, which it assembled and installed in the towers. The assemblies were mounted on motor shafts but had no electric motor or other electricity‑generating device attached. The issue before the Court was w…

The Secunderabad Cantonment Board levied octroi on goods entering the cantonment and the levy was challenged on the ground that the Board lacked authority under Section 60 of the Cantonment Act, 1924 because no municipality in the State imposed octroi and because there was no machinery for assessment. The High Court up…

The appellant, Brahmdeo Chaudhary, a stranger to a decree for eviction in favour of respondent No.1, resisted the execution of a warrant for possession against respondent No.2. The decree‑holder applied for a warrant with police assistance; the appellant filed an application before the executing court seeking a stay an…

Twenty-six packages of utensils were seized by a Uttar Pradesh sales tax officer because they were being transported without the required documents. The railway argued that the goods were moving from a railway godown to a city booking agency, which it claimed was part of the "Railway" under the Railways Act and therefo…

The Supreme Court heard a public‑interest writ petition filed by Uttarakhand Jan Morcha on behalf of residents of nine hill districts of Uttar Pradesh (Uttarakhand) seeking enforcement of the 27% reservation for socially and educationally backward classes under the U.P. Public Services (Reservation for SC, ST and OBC) …

The Employees State Insurance Corporation (ESIC) sought to recover unpaid ESI contributions from employer Dwarka Nath Bhargwa that were due on 27‑01‑1967 and 24‑01‑1968. ESIC issued notices under Section 45B of the Employees State Insurance Act, 1948, which had come into force on 28‑01‑1968, to recover the arrears as l…

The Supreme Court examined a batch of appeals concerning searches under the Narcotic Drugs and Psychotropic Substances Act, 1985. It held that an empowered officer must inform a suspect of his right to be searched before a Gazetted Officer or Magistrate, and that this duty is imperative, not merely directory. Failure t…

Abdulaziz filed a writ petition under Article 32 challenging the constitutional validity of Section 1(4) of the Terrorist and Disruptive Activities (Prevention) Act, 1987, arguing that it discriminated between offenders before and after the Act's expiry and violated Articles 14 and 21. He also contended that the trial …

The petitioners, consignees of coal, challenged the Railway's recovery of penal charges under Rule 161‑A of the Indian Railway Conference Association (IRCA) Rules for loading wagons beyond the permissible carrying capacity. The Supreme Court examined whether Rule 161‑A was inconsistent with or ultra vires Section 53 of…

The appellants, legal representatives of the deceased plaintiff, had sold a property to the deceased defendant on 8 February 1955 and simultaneously obtained an agreement of reconveyance that allowed the plaintiff to regain the property if she repaid the consideration within three years. A suit for specific performance…

The petitioner, Ador Samia Private Ltd., filed a Special Leave Petition under Article 136 of the Constitution challenging an order of the Chief Justice of the Bombay High Court that appointed an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The central issue was whether such an appointme…

Three SC clerks of the Madhya Pradesh Transport Department were appointed as Transport Sub‑Inspectors through a limited direct recruitment exam that gave a 10% relaxation in the required 50% passing marks, allowing them to pass with 40%. The exam was conducted only among SC/ST candidates for reserved posts, and another…

The appellant, S.K. Jain, was inducted by the respondent, Royce Pereira, as a paying guest in 1971 and later claimed to be a licensee and tenant. The dispute centered on the interpretation of Section 5(6A) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, specifically whether the licensor must res…

Smt. Rebati Devi (deceased) filed a suit for possession of a property against her son Ram Dutt Gupta, who claimed the property was purchased by her husband in her name, i.e., a benami transaction. The trial court held the plaintiff was not a benamidar, but the appellate court reversed that decision and the High Court a…

The case concerned the sale of a flat owned by Tahira Sultana, the wife of a COFEPOSA detainee, to Tayab Ali, who later died and whose heirs appealed. The property had been subject to a forfeiture order under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) and a stay was impo…

The appellant filed a partition suit for ten immovable properties (Schedule A) and additional properties (Schedule B). The defendants, in their written statement, admitted that seven of the Schedule A properties were joint family assets and that the appellant was entitled to a one‑third share, while three were exclusiv…

The employee, a Junior Management Scale‑I officer of Allahabad Bank, was served with a charge‑sheet in 1983 and an enquiry was conducted by a Deputy General Manager (DGM). While the enquiry was pending, the employee was transferred and the Assistant General Manager (AGM) of another zone was nominated as the disciplinar…

The respondent, an employee of Western India Plywood Ltd., suffered a hand amputation while at work and received disability benefits under the Employees' State Insurance (ESI) Act, 1948. He later sought permission to file a suit for additional compensation against his employer under tort law, but the trial court dismis…

The appellants, co‑sharers of a parcel of land in the town of Hajipur, sought a re‑transfer of the land that had been sold to a third party under a registered deed. They invoked Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, which allows a co‑sharer or adjo…

The Andhra Pradesh Wakf Board filed a suit in 1973 to recover possession of a 48½‑cent parcel of land that had been granted as a service Imam plot to the Paish Imam of a mosque and subsequently alienated through several sales. The trial court allowed the suit, but the High Court dismissed it on the ground that the clai…

The murder case arising from FIR No. 89 dated 16 July 1994 was investigated by the CBI, which charged fourteen persons including Nirmal Singh. After being denied bail repeatedly, the Sessions Judge, Ambala, granted interim bail on 11 May 1996 without the prosecution present. The High Court stayed that bail and, on 28 M…

Lokmat Newspapers introduced photo‑type composing machines, rendering hand‑composing workers surplus. It issued a notice under Section 9‑A of the Industrial Disputes Act on 25 March 1982, after the machines were already in operation, and initiated conciliation proceedings which were closed at 4:35 pm on 22 June 1982. T…

The appellants, tenants of land acquired under the Karnataka Acquisition of Land for Grant of House Sites Act, 1972, challenged the acquisition on the ground that Section 11-A of the Land Acquisition Act, 1894 (introduced by the 1984 amendment) should apply, requiring an award within two years. The High Court had held …

The dispute concerned the appointment of a Professor of Ophthalmology in a government medical college. Rule 9(i)(d) of the Punjab Medical College Education Service (Class‑I) Rules, 1978 mandates that 75% of professor posts be filled by promotion and 25% by direct recruitment. The State argued that the 16th vacancy in t…

Molly Joseph sought a declaration that her marriage to George Sebastian was void on the ground that a prior marriage to Prince Joseph was still subsisting, despite an alleged annulment by an Ecclesiastical Tribunal. The husband contested, arguing that the earlier marriage remained valid and that under Section 19(4) of …

The Supreme Court examined a batch of land acquisition proceedings under the Land Acquisition Act, 1894, where the Delhi Administration and DDA sought to enforce acquisition of land in several villages. The Court held that claimants who did not file objections to the Section 4 notification cannot challenge the Section …

Sham Singh, the sole owner of a 47-kanal land, executed a will bequeathing two‑thirds of the property to his brothers and one‑third to his widowed daughter, Balwant Kaur, as a life interest that would revert to the brothers on her death. The daughter, a destitute dependent of her father, claimed full ownership of the o…

Bombay Chemical Private Ltd manufactured disinfectant fluids and claimed exemption from excise duty under Notification No. 55/75‑CE (as amended by Notification No. 62178 in 1978) which added Item 18 covering insecticides, pesticides, weedicides and fungicides. The Assistant Collector rejected the claim, holding that di…

The appellant purchased a house at a court auction in execution of a mortgage decree. The respondents, who were judgment‑debtors, filed an application under Order 21 Rule 90 of the CPC seeking to set aside the sale on the ground that the property was not saleable for 15 years due to a lease restriction. The District Mu…

The Karnataka State Road Transport Corporation entered into a 1988 settlement with the KSRTC Staff and Workers Federation granting a Pay Roll Check‑Off facility for union subscriptions. Although the union’s recognition expired in July 1996, no fresh referendum was held. In May 1993 a Memorandum of Understanding was sig…

The Supreme Court considered an execution petition filed in the Andhra Pradesh High Court under Section 44‑A of the Civil Procedure Code to enforce a money decree passed by the English Admiralty Court against the owner of the vessel M.V. Al Quamar. The appellant argued that Section 44‑A could not be invoked because Sec…

The Supreme Court examined whether the order of the Appropriate Authority under Sections 269‑UD, 269‑UC and 269‑UE of the Income Tax Act, 1961, for the pre‑emptive purchase of an immovable property was valid after the Court had set aside a High Court judgment. The petitioners argued that the Central Government had not …

The Food Corporation of India (FCI) had several registered trade unions and needed to select a sole bargaining agent. Both FCI and the unions agreed to use a secret ballot to determine which union(s) represented the majority of workers. The Supreme Court was asked to prescribe a procedure that would ensure a fair and r…

The Central Bureau of Investigation (CBI) filed a charge sheet against Subodh Kumar Dutta under the Prevention of Corruption Act, 1947 for allegedly accepting a bribe of Rs. 700. A Special Judge, appointed under the West Bengal Special Courts Act, 1949, took cognizance of the offence on 9 July 1988. The 1947 Act was re…

The appeal arose from an order of the Karnataka Administrative Tribunal rejecting a service matter involving P.S. Ramakrishna. The appellant argued that a notice sent on 28 September 1993, which was returned marked “Not present”, should be deemed served on the respondent. The Tribunal had not treated the notice as serv…

The Commissioner of Commercial Tax appealed against an Andhra Pradesh Administrative Tribunal order that held Rule 22 of the State and Subordinate Service Rules did not apply to appointments by promotion for Scheduled Castes and Scheduled Tribes. The Supreme Court examined Rule 5 of the A.P. Commercial Tax Subordinate …

The State of Karnataka and the Union of India issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire 114 acres for the Defence Research & Development Organisation, dispensing with the enquiry under Section 5A by invoking Section 17(4) and publishing a declaration under Section 6 on June 2…

The Supreme Court examined an appeal by the State of Tamil Nadu against a Madras High Court order that had quashed a notification under Section 4(1) of the Land Acquisition Act, 1894, on the ground that it was vague because the development scheme was not fully formulated. The Court held that a scheme need not be comple…

The Delhi Municipal Corporation (MCD) terminated the services of Prem Chand Gupta, a temporary Section Officer, on 29 April 1966 after he had served continuously for more than 240 days in a calendar year. Gupta raised an industrial dispute; the Labour Court and a High Court Single Judge held the termination was lawful …

The Supreme Court examined two tax disputes. In Commissioner of Income Tax, Kanpur v. Kamla Town Trust, a trust created in 1941 for workers’ housing was rectified in 1945 and 1955; the Court held that the 1945 deed did not create a public charitable trust, denying exemption for 1949‑55, but the 1955 deed had wholly cha…

The plaintiff filed a title suit seeking partition and separate possession of two plots, 73 and 74. The trial court granted partition of plot 73 and a declaration of title for plot 74; the High Court later allowed partition of plot 74 as well. The defendant filed a review petition under Order 47, Rule 1 of the CPC, cla…

The State of West Bengal exempted the slaughter of healthy cows on Bakri‑Idd day under Section 12 of the West Bengal Animal Slaughter (Control) Act, 1950, claiming it was required for a religious purpose of the Muslim community. The High Court held that such slaughter was not an essential religious requirement and the …

The plaintiff, a legal representative of a member of the Pattakkal tarwad, claimed a reversionary right to the properties of the extinct Kandangalam tarwad, asserting that Pattakkal was an undivided branch of the ancient Pandambeli tarwad. The lower courts dismissed the suit, holding that Pattakkal was not a branch of …

The landlord filed an eviction suit under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming that the shop occupied by the tenant was a newly constructed building first assessed for house tax on 1 April 1982, and therefore exempt from the Act’s protective provisions for ten years. T…

Modi Industries Ltd. challenged the assessment officer’s order that interest on excess advance tax should be payable only up to the date of the original (first) assessment and only on the excess amount determined in that assessment. The Supreme Court examined the meaning of "regular assessment" in Section 214 of the In…

The appellants, owners of lands in village Chhalera Banger, challenged the Uttar Pradesh government's notifications under Sections 4 and 6 of the Land Acquisition Act, 1894, which invoked Section 17(4) to dispense with the mandatory Section 5‑A inquiry on the ground of urgency for planned industrial development by NOID…

The appellant filed a suit for specific performance of an alleged sale agreement of a Shimoga property, claiming the contract was concluded on 25‑January‑1984 in Delhi. The defendants denied any concluded contract, stating that price and terms were never fixed and that no agreement was reached on the later meeting in B…

The Supreme Court examined the Bar Council of India’s (BCI) Training Rules, 1995 (as amended in 1998) which mandated a one‑year pre‑enrolment training for law graduates before they could be enrolled as advocates. The petitioners challenged the Rules as ultra vires the Advocates Act, 1961 and as violative of Articles 14…

The uncle (complainant) entrusted his 1,200 shares of Great Eastern Shipping Co. to his nephew (appellant) for sale and to remit the proceeds. The nephew sold the shares between December 1991 and January 1992, kept the Rs.1,10,000 sale proceeds and failed to pay the complainant, leading to a criminal breach of trust co…

The respondents, sellers of Caristrap Rayon Cord Strapping, claimed exemption from sales tax under Entry 7 of Schedule III of the Kerala General Sales Tax Act, 1963, contending that the strapping was a rayon fabric. The Assessing Authority rejected the claim and the respondents filed writ petitions in the High Court. T…

Aundippa Nadar leased the B schedule portion of a plot in 1954 and later erected a pucca superstructure in 1965, after the original cut‑off date of 12 September 1955. He filed an application under Section 9 of the Tamil Nadu City Tenants Protection Act, 1921 (as amended) seeking the right to purchase the entire A sched…

The Custodian of Evacuee Property, U.P. ordered the transfer of a property to Harnath Chaturvedi on 11 November 1982, and the order was approved by the Assistant Custodian General, a delegate of the Custodian General under Section 55 of the Administration of Evacuee Property Act, 1950. The State of U.P. filed a revisio…

The petitioner had agreed to purchase a house from the first respondent, Dwarka Prasad Mathur, and paid the consideration. Before taking possession, the second respondent obtained a decree of specific performance in a separate suit, which the petitioner challenged in suit 121‑A of 1984 on the ground of fraud. Both resp…

The petitioner, a government employee, was convicted under Section 509 of the Indian Penal Code and fined Rs.200, a conviction that was final and involved moral turpitude. He sought a reference to the Industrial Tribunal under Section 10 of the Industrial Disputes Act, 1947 to contest his dismissal. The High Court init…

The State of Haryana issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land in Rewari district. The respondents argued that a government policy excluded lands on which buildings had been constructed and that their shops were built before the notification, seeking exemption and compen…

The Supreme Court examined whether Section 4 of the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 (as amended) could be applied to the recruitment of district judges and other members of the subordinate judiciary. The Court held that t…

K. Nandakumar was injured in a collision between his motorcycle and a bus owned by Thanthai Periyar Transport Corporation on 15 January 1987, resulting in permanent disability. He filed a claim under Section 92-A of the Motor Vehicles Act, 1939 for no‑fault compensation, but the Motor Accidents Claims Tribunal and the …

The State of Bihar and others appealed a Patna High Court decision that held the Commissioner could not reduce the compensation awarded by the Land Acquisition Collector under the proviso to Section 11(1) of the Land Acquisition Act, 1894. The Supreme Court examined whether the Commissioner, as the approving authority,…

Gurdial Singh transferred 94 kanals and 19 marlas of land to his wife Harmel Kaur in 1963 as maintenance, subject to restrictive covenants. After Singh's death, Harmel sold a portion of the land to the appellants. The second wife and three daughters of Singh sued, claiming a one‑seventh share, arguing that Harmel only …

The A.L.N. Rao Charitable Trust claimed exemption for a surplus of Rs.85,262 under Section 11(1)(a) and Section 11(2) of the Income Tax Act, 1961. The Assessing Authority initially allowed the exemption on the basis that the Trust had invested 75% of the surplus in approved securities, but the Commissioner later issued…

The plaintiff, an undischarged insolvent, entered into a joint application with the creditor to sell his land for the debt amount, with a clause allowing repurchase within five years. After the sale deed was executed by the Official Receiver, the plaintiff was adjudicated insolvent, but later obtained an unconditional …

The case concerned the murder of Urmila Devi, aged 19, who was strangulated and her body subsequently burnt. The trial court convicted her husband, Ramesh Prasad Misra, under IPC sections 302, 201 and 498‑A and sentenced him to death, while his mother was convicted under sections 201 and 498‑A; the Allahabad High Court…

The case concerns the award of compensation for land acquired under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially fixed compensation at Rs. 2,000 per bigha, which was later enhanced by the Additional District Judge to Rs. 2,000‑3,000 per bigha, and fi…

Smt. Gayatri Devi Pandey, originally appointed as a School Psychologist and later regularised as an L.T. Grade teacher, was subsequently appointed on an ad‑hoc basis as Assistant Psychologist and promoted to Vocational Guidance Counsellor. She sought regularisation in these posts, but her representation was rejected. T…

Vishal Jeet, claiming to be an advocate, filed a fresh contempt petition (CRL No. D4I06 of 1998) against the Union of India and others, alleging that he had been denied membership of the Central Advisory Committee. An earlier contempt petition (No. 1/1994) on the same grievance had been dismissed by the Supreme Court. …

The appellants, tenants, owed rent for July‑December 1988 and, after a grievance about missing receipts, sent a bank draft covering the full arrears on 2 February 1989, before the landlords filed an eviction petition on 6 February 1989 alleging wilful default under Section 10(2)(i) of the Andhra Pradesh Building (Lease…

The respondent-landlady filed an eviction suit in a civil court against the appellant-tenant for arrears of rent. The dispute centered on whether the East Punjab Urban Rent Restriction Act, 1949 (the Act) applied to the building, which was claimed to be exempt under notifications dated 31 January 1973 and 24 September …

The appellants, owners of agricultural lands, had leased the lands to Saswad Mali Sugar Factory Ltd., a commercial undertaking approved under Section 43A(1)(a) of the Bombay Tenancy and Agricultural Lands Act, 1948. The lease deed expressly permitted the factory to sub‑let the lands, and the sub‑lessees cultivated the …

The premises were originally leased to Cox & Kings (Agents) Ltd., a foreign company incorporated in the United Kingdom. After the Reserve Bank of India denied permission for the foreign company to continue its business under the Foreign Exchange Regulation Act, 1973, the leasehold interest was assigned to an Indian com…

Virmani Industries Pvt. Ltd. manufactured soap and oil in AY 1956-57, incurred depreciation exceeding its profits and left a balance of unabsorbed depreciation. After a ten‑year hiatus during which it earned only property income, it resumed business in AY 1965-66 manufacturing steel pipes, using some of the old machine…

The tenant defaulted on rent for September‑November 1988 and, after receiving a notice, paid Rs.375 on December 7 and sent a bank draft of Rs.1125 covering the entire arrears on December 12, which the landlord did not encash and later deposited before the Rent Controller. The landlord filed an eviction petition under S…

The petitioners, senior civil servants allotted to the State of Mysore, obtained deemed promotion dates and related financial benefits from a final High Court mandamus. The State subsequently enacted the Karnataka State Civil Services (Regulation of Promotion, Pay and Pension) Act, 1973, whose Section 11(2) and certain…

The State of Kerala sought to acquire land under the Land Acquisition Act, 1894. The Kerala High Court quashed the Section 6 notification on two grounds: that it was issued more than one year after the Section 4 notification, and that no Section 5A enquiry had been held before the notification. The State argued that th…

P. Veerasamy was adjudicated an insolvent under the Presidency Towns Insolvency Act, 1909. He applied to the Madras High Court for permission to restart his kerosene‑selling business so that he could support himself and his family, offering to remit a portion of the earnings to creditors. The High Court dismissed the a…

The appellant, Advocate G. Lingappa, after representing the opposite side in a civil suit, persuaded the respondent, R. Janardhana Rao, to give him a personal hand loan of Rs 3,000 secured by a post‑dated cheque, which later bounced. The respondent filed a complaint before the State Bar Council alleging professional mi…

The appellant, Savita Chemicals Ltd., sought a declaration that a strike by the Dyes and Chemical Workers Union was illegal under Sections 24(1)(a) and 24(1)(i) of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. The union had issued a strike notice during the subsistence o…

Martin and Harris Ltd., a long‑standing tenant, was served a notice by a retired Major General who purchased the premises and claimed a bona‑fide residential requirement. The landlord filed an eviction suit under Section 21(1)(a) of the U.P. Urban Buildings Act within six months of the notice and before three years had…

The State of U.P. entered into a contract with Harish Chandra & Co. for excavation and construction work, which the contractor failed to complete, leading the State to finish the work through other agencies and incur extra costs. The dispute over payment was referred to arbitration, where the arbitrator awarded interes…

The case involved the termination of an employee by Vishweshwaraiah Iron and Steel Ltd. without conducting a domestic enquiry. The employee challenged the termination before the labour court, which upheld the termination based on evidence later led before the Court of Reference under Section 10 of the Industrial Disput…

The respondent, an exporter of coir yarn, initially obtained an "entry outwards" for vessel N and paid export duty at the 10% rate. Because the vessel lacked space, the goods were not exported and were later re‑shipped on vessel P after amending the shipping bills on 9 August 1966, by which time the export duty rate ha…

The appellants filed an appeal before the Additional District Judge, Ferozepur, seeking to admit additional evidence under Order XLI Rule 27(b) of the CPC, specifically the examination of a handwriting expert. The Additional District Judge ordered that such evidence be produced. The respondents obtained a revision orde…

The Maharashtra State Electricity Board (MSEB) was challenged by two trade unions for allegedly failing to pay statutory bonus to their workmen for the accounting years 1965‑66 to 1969‑70 under the Payment of Bonus Act, 1965. The Industrial Tribunal held that after deducting certain items from gross profits, no allocab…

The petitioners, tenants of a commercial premises, challenged the landlord's suit for possession under Clause 13(3)(vi) of the C.P. & Berar Rent Control Order, 1949, arguing that the landlord already owned other premises in the same building, which should bar his claim of bonafide requirement. The Supreme Court examine…

The respondent, M/s Morgardshammar India Ltd., applied for an eligibility certificate under Section 4‑A of the U.P. Sales Tax Act, claiming its factory was a "new unit" eligible for sales‑tax exemption. The State Level Committee denied the certificate, holding that part of the machinery used was "acquired for use in an…

The Govind Ballabh Pant University of Agriculture and Technology, a residential university established under the U.P. Agricultural University Act, 1958, operates 14 hostels and a cafeteria staffed by about 175 workers who sought regularisation as university employees. The Labour Court declared them regular employees, a…

The State discovered a large embezzlement by employees of the Jammu & Kashmir Cooperative Supply and Marketing Federation Ltd. and filed an FIR under Section 5(2) of the Prevention of Corruption Act, 1988 and the Ranbir Penal Code. The accused filed a writ petition in the High Court seeking to quash the FIR and obtain …

The Supreme Court heard an appeal against the Patna High Court's dismissal of a writ petition concerning the allotment of 'Chaks' in consolidation proceedings, a matter that did not raise any question of title. The Court set aside the High Court order not because of the merits of the dispute but because the bench that …

The appellant, Chandrika Prasad, claimed adhivasi rights over two agricultural plots on the basis that his father, Ram Harakh, was a sub‑tenant of a mortgagee and thus entitled to protection under Section 20 of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950. The respondents, who had purchased the lands …

The petitioners, who belong to the general category, challenged the Punjab Government's reservation policy for promotions in the Punjab Service of Engineers, arguing that the roster system and the percentage of reserved posts should cease once the prescribed quota was met and that backward‑class candidates already prom…

The appellants, workmen of Lotus Mill, claimed full lay‑off compensation under Section 25C of the Industrial Disputes Act, arguing that a settlement reached during conciliation on 5 May 1980 – which limited compensation to 67% of the statutory amount and was signed by only four of five unions – could not bind them beca…

Dr. Devadoss (deceased) claimed ryotwari patta on land in Thanjavur district, asserting Kudikani cultivation rights, while the Veera Makali Amman temple claimed ownership under Section 9 of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1963. The Inam Tribunal, the Appellate Tribunal and the Madra…

The appellants, claiming to be original residents of villages on the Bihar‑Uttar Pradesh border, challenged the validity of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, arguing that state boundaries were frozen as of 26‑January‑1950 and that the disputed lands were never transferred. The Supreme Co…

V. Kasturi voluntarily retired from the State Bank of India in 1984 after more than 20 but less than 25 years of service and was ineligible for pension under Rule 22(1)(c) which then required 25 years. The Rules were amended in September 1986 reducing the qualifying service to 20 years. Kasturi claimed entitlement to p…

The case concerned a partition suit over properties that were part of a Kattalai grant to a temple. The original settlor had given management rights to his second wife, who by a General Power of Attorney and later a will appointed A as successor‑trustee. A executed two wills on the same day in 1955, bequeathing the man…

Mohd. Swaleh, a Deputy Registrar of the Central Administrative Tribunal (CAT), was ordered by the Vice‑Chairman to perform the functions of the Registrar, a Group A post, under Rule 28(3) of the CAT Procedure Rules and was also given certain financial powers under Rule 13 of the Delegation of Financial Power Rules. He …

The respondents, language teachers in Haryana Government Vocational Education Institutes, taught Hindi and English to standard 11‑12 students and claimed parity in pay with Lecturers teaching the same subjects in higher secondary schools. They argued that the work, syllabus, examinations and student outcomes were ident…

The landlord of a property in New Delhi let the first and barsati floors to a guest house. The New Delhi Municipal Council (NDMC) charged electricity and water rates at non‑domestic (commercial) rates, which the landlord contested, claiming the guest house was a residential use. The trial court and first appellate cour…

The Supreme Court examined review petitions that sought to overturn the view that Article 16(4) of the Constitution creates a fundamental right to reservation in public employment. The petitions relied on observations in Indira Sawhney that the reservation power was justified as a reasonable classification. The Court r…

The Municipal Council of Ahmednagar issued a notification under the Maharashtra Regional and Town Planning Act, 1966 on 15 May 1971 and, after a compensation award on 26 April 1976, took possession of land. The respondents, Shah Hyder Beig and others, filed a writ petition in 1992—21 years after the notification and 16…

The State of Uttar Pradesh acquired 7.334 hectares of land in Agra for a fruits and vegetables market yard, invoking Section 17(4) of the Land Acquisition Act, 1894 to dispense with the Section 5‑A inquiry on the ground of urgency, despite a one‑year gap between the notification and the declaration. The land owners cha…

The landlord, a partnership firm, sued its former tenant for possession of premises after a 21‑year lease expired. The partnership was unregistered when the suit was filed, raising a bar under Section 69(2) of the Partnership Act. The trial court and High Court held the suit maintainable and granted possession. On appe…

The respondents imported 13,500 metric tonnes of RBD palm oil in stainless‑steel containers, which are a prohibited item, but the containers were painted to appear as mild‑steel. Customs issued show‑cause notices under Section 28 (duty not levied or short‑levied) and Section 124 (confiscation) of the Customs Act. The D…

Mis Aqueous Victuals Pvt. Ltd. bottled soft drinks and sold them through wholesalers in four Uttar Pradesh municipalities. The municipalities levied octroi on the gross weight of the beverages plus the weight of the glass bottles, even though the empty bottles were returned to the company for recycling. The company cha…

The respondents, promoted Deputy Agricultural Officers in Tamil Nadu's Agricultural Extension Subordinate Service, claimed parity in pay with directly recruited Agricultural Officers, arguing that they performed substantially the same duties. The Tamil Nadu Administrative Tribunal granted them equal pay under the doctr…

The appellant, Whirlpool of India Ltd., paid its workers a quarterly production incentive under a scheme in addition to normal wages. The Employees' State Insurance Corporation (ESIC) treated these incentives as "wages" under Section 2(22) of the Employees' State Insurance Act, 1948 and demanded contribution to the ESI…

The appellants, draftsmen of the Central Water Commission (CWC), claimed that they should receive the same retrospective pay‑scale revisions granted to draftsmen of the Central Public Works Department (CPWD) under the 13 March 1984 Government Office Memorandum. They argued that both groups performed similar work and, a…

The Hyderabad Karnataka Education Society filed an appeal against a Karnataka High Court judgment that struck down its Rule 7A, which automatically terminates an ordinary member’s membership if the annual subscription of Rs.25 is not paid by the end of March. The respondents, former ordinary members, argued that the ru…

In 1934 a widow, Sukh Devi, was awarded specific immovable property and a lump‑sum by arbitration as compensation for her pre‑existing right to maintenance from her father‑in‑law’s joint family. After the Hindu Succession Act, 1956 came into force, the widow sold the property in 1960, and the sale was challenged on the…

Mis Sirdanwal Industries appealed against the Commissioner of Sales Tax challenging the classification of its brass wire under the Uttar Pradesh Sales Tax Act, 1948. The issue was whether the brass wire, an alloy of copper and zinc, fell within the entry "copper, tin, nickel, or zinc, or any other alloy containing any …

Hindustan Times Ltd., the employer, delayed remitting Employees' Provident Fund contributions for several periods between 1965 and 1968. The Department issued a notice in 1971 and, after a long lapse, a show‑cause notice in 1979, finally levying damages under Section 14‑B of the Employees' Provident Fund and Miscellane…

The appellant, Baby, challenged a Land Tribunal order that held she was not a cultivating tenant. The High Court set aside the Tribunal's decision under Section 103 of the Kerala Land Reforms Act, 1963, on the ground that the Tribunal failed to consider several material documents. The Supreme Court examined whether suc…

The plaintiffs sought a declaration that they were exclusive co‑owners of a parcel of land, while the defendants claimed tenancy under a predecessor and asked for fixity of tenure. The dispute turned on whether the civil court could decide the tenancy issue or had to refer it to the Land Tribunal under Section 125 of t…

The Employees' State Insurance Corporation (ESIC) sought to include the Managing Director (MD) of Apex Engineering Pvt. Ltd., Shri V.N. Dhanwate, among the company's employees for purposes of coverage under Section 2(12) of the Employees' State Insurance Corporation Act, 1948. The lower courts held that the MD was not …

The Supreme Court considered a review petition (No. 2070 of 1996) filed by Shri Prabir Chowdhury on behalf of M. Poornachandran and others against a judgment of the Madras High Court. The petitioner was not the advocate‑on‑record (AOR) who argued the original appeal, nor was he present during the proceedings. The Court…

Ramjit Upadhaya, a convict serving a sentence under Section 302 IPC in Central Jail, Varanasi, was killed by a co‑accused inmate. His wife and three children filed a writ petition under Article 32 seeking compensation, arguing that the State failed to protect his life while in custody. The State contended that the Utta…

Palani Ammal (appellant) occupied an open piece of land with a granite foundation on which she erected a fuel depot under a lease from the original landlords (plaintiffs I and II). The landlords later sold the land to a third plaintiff (plaintiff III). Ammal denied plaintiff III's title and filed an application under S…

Marikar Motors Ltd., a dealer in motor trucks, sold vehicles on a hire‑purchase basis where the agreement stipulated a two‑year period and an option to purchase at the end. The dispute before the Supreme Court concerned when, for purposes of the Kerala Sales Tax Act, a sale is deemed to occur – whether automatically at…

The respondent, a holder of agricultural land under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, and his wife sold four parcels of land within a 15‑day period between 24‑Jan‑1971 and before the notified date. One sale was to the respondent’s father and three to others, with installment …

The Transport Corporation of India, a public carrier with its registered head office in Secunderabad, Andhra Pradesh, was covered by a notification issued by the Andhra Pradesh Government under Section 1(5) of the Employees' State Insurance Act, 1948. The corporation argued that this notification should not extend to i…

The appellants, authorities under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, sought eviction of respondents from plot No. 9. The Special Court held that although the appellants had title, the respondents were in adverse possession and denied relief. The appellants filed a review under Section 17A of the …

The case concerned a house sold by Smt. Amir Jehan Begam to Shakir Ahmad Khan, who executed an Agreement of Reconveyance granting the vendor a right to repurchase the property within three years. Shakir transferred his interest to the appellant, while the vendor’s son, Irfan Hasan Khan, later assigned his repurchase ri…

The Uttar Pradesh State Electricity Board, exercising powers under Section 49 of the Electricity (Supply) Act, 1948, issued three notifications promising a 10% rebate on electricity charges to new industries for three years. It later withdrew this incentive by a notification dated 31 July 1986. The appellants, who had …

The petitioners, dependents of a deceased SAIL employee, applied for a compassionate appointment after the employee's death, but SAIL declined, citing a Family Benefit Scheme introduced under the 1989 NJSC Tripartite Agreement that required the family to deposit provident fund and gratuity amounts in exchange for a mon…

The appellant M.R.F. Ltd. challenged a consumer complaint alleging a defect in a tyre and tube that had burst. The complainant had handed the tyre and tube to the dealer, who forwarded them to the appellant, and therefore the complainant no longer possessed the goods. The District Forum was required under Section 13(1)…

The case concerned two plant operators (respondents 3 and 4) who were dismissed for sleeping on duty while the machine was left running. The Labour Court held that the dismissal was shockingly disproportionate and ordered reinstatement with back wages. The appellant appealed, arguing that Clause (g) of Item 1 of Schedu…

All India Radio and Doordarshan challenged the termination and non‑regularisation of several clerical, linemen and casual workmen, contending that they are not "industries" under Section 2(j) of the Industrial Disputes Act, 1947 because they perform sovereign functions. The Supreme Court examined whether the broadcasti…

Lakshmi Ram (deceased) had an agreement with vendor Trikha Ram to sell land for a consideration, but the vendor sold the property to subsequent purchasers. Lakshmi Ram filed a suit for specific performance which was decreed by the trial court. On appeal, the defendants argued that the suit was barred under Section 16(c…

The Supreme Court dealt with interlocutory applications concerning the preparation of a decree following its earlier judgment dated 20 January 1995 in the dispute between the Metropolitan and other petitioners and Moran Mar Marthoma Mathews and others. The Registrar had drafted a decree which was objected to by both pa…

The appellant‑Commissioner of Income Tax appealed against the Calcutta High Court’s decision that the assessment of Manoharlal Gupta & Co. as an unregistered firm for AY 1961‑62 was improper. The firm had been assessed by one Income‑Tax Officer (ITO‑C) while a partner, Manoharlal Gupta, had earlier been assessed by ano…

The appellant Bhandari had given a short‑term loan of Rs 15 lakh to the respondent Heavy Mechanical Lifting Enterprises. A dispute over interest and repayment was referred to arbitration; the arbitrator passed an award on 17‑Apr‑1985 and, after a four‑year delay, filed it in the Calcutta High Court on 23‑Mar‑1989 to be…

The case involved 25 workmen employed by Indian Railway Construction Co. Ltd. (IRCON) on the Rihand Nagar railway line project who were served retrenchment notices in 1993 stating that most work was completed. The workmen challenged the notices, arguing that the project constituted a "factory" under the Factories Act, …

The Recovery Officer, under the Uttar Pradesh Co-operative Societies Act, 1965, initiated recovery proceedings under Section 91 to attach and sell the lands of members who had defaulted on loans taken for seeds and manure. The members contended that the statutory charge created by Section 39(a) attaches only to the cro…

The mother, Dhanwati Joshi, had been granted permanent custody of her son by the Bombay High Court in 1986 and by an ex‑parte order under the Guardian and Wards Act, 1890 in 1987. The father, Madhav Unde, later obtained custody in a US court and subsequently filed a fresh petition in the Indian Family Court in 1993 see…

The widow of a deceased Khalasi filed a claim petition before the Deputy Labour Commissioner, Orissa, for compensation under the Workmen's Compensation Act, 1923, after her husband died in an accident near Rourkela in 1974. The Deputy Labour Commissioner awarded Rs 8,000, but the employer appealed to the Orissa High Co…

Punjab Communications Ltd (PCL) had been shortlisted for a digital wireless telecom tender in Eastern Uttar Pradesh that was to be funded by an Asian Development Bank (ADB) soft loan. PCL alleged that senior officials conspired to sabotage the loan and the tender so that a multinational could supply an outdated analog …

In 1987 the Railway Recruitment Board, Madras advertised about 500 non‑technical posts and conducted written exams. After the results, a second written exam was ordered, which was later quashed by the Madras High Court. The Supreme Court directed the Board to appoint the 775 candidates selected in 1987 within two weeks…

M/s. Sahney Paris Ltd. manufactured self‑starter motors for motor vehicles and submitted a classification list placing them under Tariff Item 68 of the Central Excise Tariff. The Assistant Collector and subsequent authorities re‑classified the items under Tariff Item 30, treating them as electric motors, and levied exc…

The case concerned a former advocate who had become a judicial officer, was dismissed for corruption, and later sought to resume legal practice. After his resumption, members of the local bar objected and the Bar Council of India initiated disciplinary proceedings under Section 35 of the Advocates Act, alleging miscond…