S MOHAN

The respondent, a Masjid, sued the appellants for eviction and arrears of rent, claiming the tenancy had been determined. The appellants argued that the lease termination was a forfeiture under Section 114-A of the Transfer of Property Act and that the premises were exempt from the Rajasthan Premises (Control of Rent a…

The Jabalpur Municipal Corporation introduced a Family Benefit Fund Scheme whereby employees made voluntary contributions and, in return, received lump‑sum payments on retirement or on death of the employee to his family. The Life Insurance Corporation of India (LIC) contended that the scheme amounted to life insurance…

Joginder Singh Wasu, the Advocate General of Punjab, was appointed under a 1953 notification fixing his fee at Rs 100 per civil writ or letters‑patent appeal. In 1975 the State issued an amendment reducing fees for batch cases and capping total fees at Rs 1,000. Wasu protested, submitted bills based on the original rat…

The appellant owned premises leased in 1966 to Lall Behari Mullick for his natural life, with a covenant that his heirs must vacate within three months of his death and have no right to hold over. Mullick died within three years, but his heirs remained in possession. The appellant sought eviction, arguing that the leas…

The respondent, S. Dharmalingam, served as an Investigator from 1956 to 1960 and was later appointed Labour Officer by direct recruitment in 1960, retiring in 1985. He claimed an addition to his qualifying service under Rule 30(1) of the Central Civil Services (Pension) Rules, 1972, which the authorities rejected, lead…

The assessee filed income‑tax returns for the assessment years 1964‑65, 1965‑66 and 1966‑67 well after the statutory due dates, resulting in penalties under section 271(1)(a) of the Income‑Tax Act, 1961. The Assessing Officer and the Appellate Assistant Commissioner upheld the penalties, but the Tribunal cancelled them…

The appellant, Nathu Ram, was accused along with a private doctor of attempting to rape the daughter‑in‑law of the complainant while she lay unconscious in the doctor's clinic. The complainant (PW8) testified that the doctor was naked and the appellant was scantily dressed when he entered with hot water and attempted t…

The plaintiffs, heirs of the deceased Gulaba Singh, sued Surjit Kaur for possession of his property, claiming they were the nearest heirs under a will. Surjit Kaur counter‑claimed that she was Gulaba Singh's legally wedded wife under a Karewa form of marriage and that they lived as husband and wife. The trial court and…

The appellants, licence holders for retail vending of Indian Made Foreign Spirits, were allowed to obtain bar licences under the Tamil Nadu Liquor (Retail Vending in Bar) Rules, 1992. After law‑and‑order problems, the State of Tamil Nadu rescinded those Bar Rules by a government order, effectively terminating the bar l…

The Haryana Subordinate Services Selection Board conducted a recruitment for Assistant Sub‑Inspectors of Police, but destroyed the answer books before results were declared and failed to produce proper mark tabulations. Unsuccessful candidates alleged that the Board gave extra interview marks to favoured candidates and…

The Central Bank of India (appellant) had two suits in the Subordinate Court of Rangareddy, Andhra Pradesh, to enforce an equitable mortgage and recover expenses against Elmot Engineering Company (a limited company) and its directors. While the winding‑up petition against the company was pending, the Bombay High Court,…

The appellants, Mangilal and others, were convicted under IPC sections 147 and 307 and appealed to the Madhya Pradesh High Court. While the appeal was listed, the counsel were absent because lawyers were on strike, leading the High Court to dismiss the appeal for want of prosecution and to comment on the reasons for th…

The tenants, Kranti Swaroop Machine Tools Pvt. Ltd. and another, challenged eviction orders issued by the landladies, Smt. Kanta Bai Asawa and others, on the ground that they had not committed wilful default in rent or municipal taxes. The High Court had held that non‑payment of a small municipal tax amount constituted…

The Calcutta High Court, while hearing a contempt petition concerning alleged violations of a 15 September 1988 status‑quo order, allowed an oral application by Somani Builders—a party not impleaded—to remove a padlock and later directed that the builders be permitted to occupy the disputed church premises. The appella…

The petitioner, Joginder Kumar, a 28‑year‑old advocate, was taken into police custody in Ghaziabad on the pretext of assisting with investigations and was not produced before a magistrate for five days. His brother’s inquiries revealed that the petitioner was being held in an undisclosed location, prompting a writ peti…

The Delhi Development Authority (DDA) auctioned a commercial tower plot and awarded it to Skipper Construction Ltd., which paid only 25% of the bid and later defaulted on the balance despite multiple extensions and court orders. Skipper repeatedly violated interim orders by seeking to create third‑party rights through …

The landlord, Bhola Nath Varshney, served a notice under Section 106 of the Transfer of Property Act, 1882 and filed an eviction suit in 1981 against his tenant, Mulk Raj Madan, for a building constructed in 1974. The issue was whether the Uttar Pradesh Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 wou…

The State of West Bengal appealed against the Calcutta High Court’s order quashing the sanction and the taking of cognizance in a TADA case involving a 1993 bomb explosion that killed 69 people. The High Court had held that the sanction order was invalid, that the Designated Court’s cognizance was not reasoned, and tha…

The University Grants Commission (UGC) Scheme of 1986 prescribed a superannuation age of 60 years for university teachers. The Government of Kerala adopted most provisions of the Scheme, including revised pay scales, but expressly retained a retirement age of 55 years for its teachers. A group of teachers filed petitio…

Shrimant Padmaraje R. Kadambande, a descendant of the former ruler of Kolhapur, received a monthly cash allowance that was discontinued after the State of Kolhapur merged with Bombay under the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955. The Act abolished such alienations, but Section 15(1)(…

Anand Swaroop Vohra, a retired Central Government employee, applied under Section 25‑B(1) read with Section 14‑C of the Delhi Rent Control Act, 1958 for eviction of his tenant on the ground that the premises were needed for his own residence because the accommodation he occupied was insufficient. The Rent Controller re…

Arvind Mills Ltd., a textile mill, paid betterment charges under the Bombay Town Planning Act, 1954 as part of a town‑planning scheme and claimed a deduction under Section 37 of the Income Tax Act, 1961, arguing that the payment was a revenue expense. The Income Tax Officer disallowed the deduction; the Appellate Assis…

The case concerned 173 items of jewellery belonging to the Nizam of Hyderabad, held in two trusts, which the Union of India sought to purchase under the Antiquities and Art Treasures Act. The parties entered a compromise agreement to resolve all disputes by arbitration, and the umpire fixed a just price of Rs 225,37,33…

N.P. Dhamania, an officer of the Indian Telecommunication Service, was recommended for promotion to Senior Administrative Grade Level‑II by the Departmental Promotion Committee (DPC). The Appointments Committee of the Cabinet (ACC) returned the panel for a "rigorous review" and subsequently excluded Dhamania and four o…

The Supreme Court examined a batch of writ petitions challenging the applicability of the admission scheme laid down in J.P. Unnikrishnan v. State of Andhra Pradesh to minority educational institutions (MEIs). Petitioners, claiming minority status, argued that the 50% government‑filled and 50% management‑filled seat al…

The President of India referred a matter under Article 317(1) of the Constitution to the Supreme Court, seeking an inquiry into allegations of misbehaviour against Shri M. Megha Chandra Singh, Chairman of the Manipur Public Service Commission, including tampering with examination papers and taking a bribe. While the re…

The landlord filed an eviction suit under Section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide requirement for the premises. The tenant, a company, relied on Clause 5 of the lease deed which stated the premises were for the residence and personal use of directors, their relatives, and "for the pur…

The case concerned the allotment of Nazul land by the Delhi Development Authority (DDA) to cooperative group housing societies. The societies argued that the rule "first come first served" in Rule 6(vi) of the 1981 Nazul Rules meant seniority based on the date of registration, not the date of approval of members’ lists…

The Union of India sought to set aside an award that granted solatium (15%) and interest (6%) in a land acquisition case under the Requisitioning and Acquisition of Immovable Property Act, 1952. The land, requisitioned for defence, was initially compensated at Rs 10 per square yard; the Arbitrator raised it to Rs 15 an…

Captain V. Kumar, an advocate, filed a public interest petition before the Supreme Court alleging the need to cleanse the judiciary and seeking suo motu contempt action against the Registry. The Court observed that the petition was drafted in undignified language, contained unwarranted adjectives, and the petitioner be…

The Registrar of Co‑operative Societies (appellant) was directed by the Tamil Nadu Government to discipline Joint Registrar F.X. Fernando (respondent) for alleged irregularities. The vigilance department delayed its inquiry, after which the Government amended Rule 12 of the Tamil Nadu Civil Service (Classification, Con…

The case concerned civilian employees of the Ministry of Defence who participated in Operations Blue Star and Wood Rose. A Government order dated 20 December 1985 directed that ration allowance in lieu of free rations be payable retrospectively to the entitled categories of defence civilian employees. The respondents c…

The Gujarat government converted 396 lower‑income group houses from a rental scheme to a hire‑purchase scheme and set eligibility criteria requiring five years continuous residence, excluding retired servants. Category III employees, who had vacated their Pahari houses for better accommodation in Gandhinagar, and Categ…

Union Bank of India, the landlord, sued for eviction of its tenant and the tenant's sub‑tenant, C.G. Shah, alleging rent default and unauthorised sub‑letting. Shah claimed he was a lawful sub‑tenant before the 1959 amendment of the Bombay Rents Act and alternatively a protected licensee under Section 15‑A of the Bombay…

Rollatainers Ltd., a manufacturer of printed cartons, claimed exemption from central excise duty under Notification No. 55/75, which exempts "all products of the Printing Industry". The Superintendent of Central Excise held that printed cartons are products of the Packaging Industry and not eligible for exemption. The …

The appellant, the mother‑in‑law of the deceased, was convicted of murder under Section 302 IPC for allegedly burning her daughter‑in‑law. The prosecution's case rested on four dying declarations made by the victim, three of which identified the appellant as the assailant. The trial court dismissed these statements, de…

The case concerned a senior District Judge of the Madhya Pradesh Judicial Service who retired voluntarily and was appointed as a Member of the Central Administrative Tribunal (CAT). He sought to combine his prior state judicial service with his CAT service to obtain a single, consolidated pension, invoking Rule 16 of t…

The Supreme Court was asked to clarify whether Kerala's Judicial Service Rules, which require five years of standing at the Bar for appointment to the lowest judicial rung, complied with its earlier directive that a minimum of three years of legal practice is essential for recruitment. The State of Kerala filed Interlo…

The petitioners, aggrieved by a change in university examination dates, filed writ petitions before the Jammu & Kashmir High Court. After the High Court dismissed the petitions, the petitioners allegedly attempted to assault the Assistant Controller of Examinations outside the courtroom, leading the High Court to initi…

Universal Hydrocarbons Co. Ltd. purchased raw petroleum coke (RPC) and, after a manufacturing process, produced calcined petroleum coke (CPC). Sales tax was levied on the sale of CPC under the Bihar Finance Act, 1981 and the Central Sales Tax Act, 1956. The company claimed a refund under Section 15(b) of the Central Sa…

The appellant, Ashok Singh, sought a succession certificate for his father Ganga Singh's intestate estate after attaining majority. The estate duty guardian had failed to file the required account within five years of death, invoking Section 73A of the Estate Duty Act, 1953, which bars any levy proceedings after that p…

The tenant of a residential premises died leaving a will that bequeathed the tenancy rights to her sister's son. The appellant, as executor, sought eviction of the respondents who were residing in the premises, arguing that the bequest conferred a tenancy. The respondents contended that a testamentary transfer amounted…

The Supreme Court examined whether medical representatives employed by Sandoz (India) Ltd. qualified as "workmen" under Section 2(s) of the Industrial Disputes Act, 1947 and the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. The Court held that the work of a medical represent…

The State of Maharashtra invited tenders for a 99‑year lease of a plot in the Backbay Reclamation area. Atur India Pvt. Ltd. responded as a promoter, seeking to transfer the lease benefit to a cooperative housing society. The Collector accepted the tender but did not effect an actual demise, and later demanded stamp du…

Mrs. Sira Menan was a contractual tenant under the West Bengal Premises Tenancy Act, 1956. After her death, the respondent claimed to be her daughter and asserted that she inherited the tenancy. The trial court rejected her claim, holding that even if she were the daughter she was not a tenant because she did not ordin…

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 appellant, Laxmi Devi, alleged that her husband, Satya Narayan, had contracted a second marriage, constituting an offence under Section 494 of the Indian Penal Code. The trial court held that the prosecution failed to prove the essential Hindu marriage rite of Saptapadi, which is required to establish a valid marri…

The appellant, a tenant, was evicted by the landlord (respondent No.1) under an ex‑parte order, which was later set aside, and the tenant obtained a restoration order under Section 144 of the Code of Civil Procedure. Before the warrant could be executed, respondent No.2 claimed to be a bona‑fide transferee in possessio…

The Pradeshiya Industrial & Investment Corporation of Uttar Pradesh (appellant) entered into a promoters agreement with Dalmia Dairy Industries Ltd (second respondent) to promote North India Petro Chemicals Ltd (first respondent). The agreement was later cancelled by the appellant on 31 October 1992. The first responde…

The Supreme Court examined whether ryotwari pattas for service inams in Perur village should be issued to the individual service holders or to the Patteswaraswami Devasthanam, the original grantee of the inam. The Settlement Tehsildar had directed pattas to the service holders under Section 8(2)(ii) of the Madras Inams…

The Chief Minister of Haryana challenged a writ petition alleging that the High Court had transferred his case from a Tax Bench to a bench presided over by the then Acting Chief Justice, S.S. Sodhi, and later back again, claiming this indicated bias. The appellant sought a transfer of the case on the ground of malafide…

The Delhi Development Authority (DDA) held an auction for a commercial plot in 1980, and Skipper Construction was the highest bidder at Rs. 9.82 crores. Skipper deposited 25% but delayed the balance payment, leading to an agreement in 1987 for instalment payments. Skipper continued to delay and filed a writ petition in…

The appellants, licensees of certain premises in Greater Bombay, filed suits for permanent injunction in the City Civil Court to prevent the licensor‑defendants from forcibly evicting them. The defendants challenged the City Civil Court’s jurisdiction, arguing that under Section 41(1) of the Presidency Small Causes Cou…

The plaintiffs, Power Control Appliances and related companies, owned the copyright in the packaging, instruction manual, guarantee card and the design of the 'whipper blade' of their 'Sumeet' kitchen mixers, and the registered trade mark 'Sumeet'. The defendant, Sumeet Machines Pvt. Ltd., began manufacturing and marke…

The Supreme Court was asked to resolve the impasse over admission and fee structures in private professional colleges after the Government of India had permitted admission of foreign students up to 50% of seats. The Court held that, in view of the J.P. Unnikrishnan judgment, such permission could not be enforced for th…

The landlord (appellants) leased land to a tenant (respondent No.1) who was permitted to construct a building and sub‑let portions. After the Karnataka Rent Control Act, 1961 came into force, the tenant inducted sub‑tenants. The landlord sought eviction under Section 21(1) of the Act. The trial court ordered eviction o…

Arvinder Singh filed a writ petition under Article 32 alleging that he, his wife Nidhi, and other family members were illegally detained, assaulted, and tortured by police officers in Bareilly, Uttar Pradesh. The District Judge conducted an inquiry, examined witnesses and concluded that the police had fabricated record…

The landlord obtained a decree of possession against the tenant under Section 21(1) of the Karnataka Rent Control Act, 1961, on the ground of bona‑fide personal requirement to start a business. The landlord died before the tenant vacated, and his heirs sought to execute the decree. The tenant argued that the decree bec…

Chase Bright Steel Ltd., a tenant since 1963, was served a notice in 1977 by the landlord demanding arrears of permitted increases of Rs 56.50 per month from February 1976, along with allegations of unauthorized alterations and nuisance. The tenant applied under Section 11(3) of the Bombay Rents, Hotel and Lodging Hous…

The case concerned an 11,000 sq.ft. property originally mortgaged and then leased with a clause permitting sub‑leasing. The original lessee sub‑leased the land to two sub‑lessees, who constructed shops, further assigned their interests to other parties, and eventually the assignees sought protection under the Bombay Re…