S VERMA

The appellant, Rishyashringa Jewellery Ltd., issued a prospectus stating that it had applied for listing its shares on the Coimbatore, Bombay and Madras Stock Exchanges. While Coimbatore granted permission within the ten‑week period prescribed under Section 73(1A) of the Companies Act, 1956, the Bombay Exchange rejecte…

The Supreme Court considered a civil appeal by the Central Bank of India against a High Court order that granted re‑employment relief to a group of workmen who had been retrenched between 1974 and 1976. The workmen filed a writ petition in 1982 invoking Section 25‑H of the Industrial Disputes Act, 1947, seeking prefere…

The Uttar Pradesh master plan of 1986 earmarked certain lands of private colonisers Delhi Auto and Maha Maya for recreational use. Both applied to the Ghaziabad Development Authority (GDA) for permission to develop their lands under Section 15 of the Uttar Pradesh Urban Planning and Development Act. After a conditional…

The Supreme Court examined challenges by Morvi and Junagadh Municipalities to the Gujarat Municipalities Rules governing consolidated property tax. Taxpayers had contested Rule 5, which allowed the actual rent received to be used as the annual letting value, alleging it was ultra vires Section 99(1)(i) read with Sectio…

The case concerned three writ petitions filed in the Bombay High Court challenging orders of the Acting Speaker of the Goa Legislative Assembly that purportedly reviewed and set aside earlier disqualification orders of members under the Tenth Schedule (anti‑defection law). The High Court dismissed the petitions at the …

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

Dr. Gyan Prakash Singh was appointed on an ad‑hoc basis as Assistant Medical Officer in the North Eastern Railway with an order dated 1 Oct 1984, but he joined duty on 9 Oct 1984. The Supreme Court, in Dr. A.K. Jain (1987), had directed regularisation of all doctors appointed on an ad‑hoc basis "up to 1 Oct 1984". The …

The petitioners challenged land acquisition proceedings initiated between 1959 and 1965, alleging that the government delayed making awards and paying compensation for more than fourteen years after declarations under Section 6 of the Land Acquisition Act, 1894. The Court examined whether such delay violated the statut…

The plaintiffs, Whirlpool Corporation and its Indian joint‑venture TVS Whirlpool Ltd., claimed prior use and trans‑border reputation of the word mark "Whirlpool" and alleged that the defendants, trustees of Chinar Trust and related entities, had obtained a registration for the same mark in 1992 on the basis of proposed…

The father of the respondent, a senior clerk in the Railways, died on 12 September 1972 leaving a wife, two adult sons and the respondent who was then a minor. The respondent applied for a compassionate appointment after attaining majority, but his applications in 1987, 1990 and 1991 were rejected on the ground of limi…

Oswal Agro Furane Ltd., a 100% export‑oriented unit licensed to manufacture furfural and edible rice bran oil, sought to export non‑basmati rice and to sell the rice bran oil in the domestic market, invoking Clause 15(j) of the Export (Control) Order, 1988 as a blanket exemption. The Delhi High Court allowed these expo…

The petitioners alleged that the CBI and other government agencies had failed to investigate thoroughly the hawala transactions uncovered during raids, which implicated politicians, bureaucrats and criminals. They sought the Supreme Court’s intervention under Article 32 to compel the agencies to conduct a full, imparti…

The case concerned five public‑sector undertakings whose workmen had gone on an illegal but justified strike demanding wage parity with BHEL, followed by a lock‑out declared by management. The National Industrial Tribunal awarded the workers 35% of their wages for the strike and lock‑out periods, disallowed set‑off of …

The Management of Heavy Engineering Corporation appointed a doctor on an ad‑hoc six‑month contract to run a first‑aid post in shifts, supervising a male nurse, attendant, sweeper and ambulance driver. Upon completion of the contract the corporation terminated his services without giving the one‑month notice or compensa…

The appellants were appointed as Junior Basic Teachers (J.B.T.) in Haryana government schools without B.T./B.Ed. qualifications and later obtained those degrees. They sought higher grade (Masters) pay automatically, relying on a 1957 Punjab Government instruction that linked pay to qualification. The State of Haryana c…

The petitioners owned lands acquired by the Karnataka government under the Bangalore Development Act, 1976, which invoked the Land Acquisition Act, 1894. A declaration under Section 4 of the Land Acquisition Act was made on 20 September 1977, and Section 11-A, introduced by the Land Acquisition (Amendment) Act, 1984, r…

The assessee, a partnership firm of three partners, lost one partner on 12 January 1974. The partnership deed did not contain a clause allowing the firm to continue after a partner's death, so under Section 42 of the Partnership Act the firm dissolved on that date. The surviving partners formed a new partnership deed t…

Raghbir Singh was caught with opium during a police raid and was offered the choice of being searched by the police officer or before a Gazetted Officer; he chose the latter and the search yielded the contraband. He was convicted under Section 18 of the NDPS Act and sentenced to ten years' rigorous imprisonment. On app…

The case concerned admission to the MBBS programme at Rohtak Medical College, where 60 seats were divided into 49 open‑category and 11 backward‑class reserved seats. Sunil Yadav (S) ranked first in the backward‑class list but 62nd in the open list; he failed to obtain an open‑category seat in the first counselling and …

Anuj Kumar Dey enlisted in the Indian Navy as an Artificer Apprentice on 12 August 1971, took the oath of allegiance, and underwent four years of training before being promoted to Electrical Artificer in August 1975. After his release on 31 January 1988, the Navy denied him pension benefits on the ground that the train…

The Municipal Committee of Jind appealed against a suit filed by Jagat Singh for a permanent injunction restraining the Committee from interfering with his claimed ownership and possession of five kanals of land. Jagat Singh relied solely on revenue records and a mutation entry, without producing a sale deed, to establ…

The Supreme Court examined challenges to the Armed Forces (Special Powers) Act, 1958 (AFSPA) and the Assam Disturbed Areas Act, 1955, along with notifications declaring disturbed areas in several northeastern states. Petitioners argued that Parliament lacked competence to enact AFSPA, that the Act was colourable legisl…

Phoolan Devi surrendered in Madhya Pradesh in 1983 and was released on parole after serving eleven years of custody. She filed a writ petition under Article 32 seeking her release and the quashing of about 55 criminal prosecutions pending in Uttar Pradesh, alleging violation of her Article 21 right to a speedy trial an…

The petition, filed by Smt. Sarojini Ramaswami on behalf of her husband Justice V. Ramaswami, sought a mandamus directing the Inquiry Committee constituted under the Judges (Inquiry) Act, 1968 to furnish a copy of its report to the Judge before it was submitted to the Speaker of the Lok Sabha, alleging a violation of n…

In 1991 a motion signed by 108 Lok Sabha members to remove Justice V. Ramaswami was admitted by the Speaker, leading to the constitution of an Inquiry Committee under the Judges (Inquiry) Act, 1968. Two writ petitions (W.P. 140/1992 and W.P. 149/1992) were filed under Article 32 seeking to quash the motion, the committ…

The petitioners, a coalition of cooperative societies running fair‑price ration shops and occupants of residential premises, challenged a State Government notice to vacate premises that had been requisitioned under the Bombay Land Requisition Act, 1948 more than four decades earlier. They argued that requisition could …

The respondent, S.L. Abbas, a garden curator in the Botanical Survey of India, was transferred from Shillong to Pauri and challenged the order before the Central Administrative Tribunal (CAT), alleging that his wife’s posting, his children’s education, his health, and the non‑application of the Government of India Offi…

The appellants' land was acquired by the State of Rajasthan under Section 52 of the Rajasthan Urban Improvement Act, 1959, and vested in the State upon publication of a notification in 1984. After this vesting, the Central Land Acquisition Act, 1894 was extended to Rajasthan and the State amended its own Act in 1987 an…

Sheo Narayan Singh, a constable in the Bihar Military Police, was dismissed for forging his military service records. He appealed the dismissal, which was set aside by the Deputy Inspector General but later restored by the Director General using power under Rule 853‑A of the Bihar Police Manual. The High Court quashed …

The case concerned direct recruits to the Indian Police Service (IPS) who appealed against a Central Administrative Tribunal order that allowed promotee officers from the State Police Service to count their continuous officiating service from the date they were included in the IPS select list for determining their year…

The appeal filed by I.T.C. Limited challenged the Customs, Excise and Gold (Control) Appellate Tribunal's decision to uphold a notification issued by the Central Excise authorities. The appellant contended that the notification was not operable because it was not published in the Official Gazette, despite being announc…

The Tirumala Tirupati Devasthanams (TTD) recruited attenders for 297 vacancies in 1991, considering 2,944 candidates from the Employment Exchange and 193 inmates/ex‑inmates of the Shri Venkateshwara Balamandir. After written tests and interviews, 53 of the 193 inmates/ex‑inmates were selected; the remaining applicants,…

The Central Bureau of Investigation (CBI) was directed by the Delhi High Court on 18‑12‑1996, in an anticipatory bail application, to give the applicant three days’ notice before any arrest. The CBI issued such a notice on 18‑01‑1997, after which the High Court restrained the CBI from acting on the notice. The CBI appe…

The appellant, K.F. Ganchi, a member of the Backward Classes, was elected as a councillor from a general (unreserved) ward of Jambusar Municipality. The roster for 1997 required that the President of the municipality be a Backward Class member. Respondent No.1, Chandubhai Rajput, contended that only Backward Class coun…

New Sharrock Mills terminated Badli workman Maheshbhai T. Rao after a departmental inquiry found him guilty of serious misconduct for abusing a senior officer. Rao challenged the discharge before the Labour Court under Section 78 of the Bombay Industrial Relations Act, 1946, seeking reinstatement and back wages. The La…

The appellant, a rice exporter, was required to contribute to a State Welfare Fund in order to obtain export permits. It claimed the contribution as a business expense deductible under Section 37(1) of the Income‑Tax Act, 1961. The Income‑Tax Officer and the Appellate Assistant Commissioner disallowed the deduction; th…

The State Bank of Bikaner & Jaipur dismissed its employee S.N. Gupta on charges of accepting bribes, based on a departmental inquiry that incorporated witness statements recorded under Section 161 of the Criminal Procedure Code. The CBI investigation later found no reliable evidence, but the disciplinary proceedings co…

N.K. Singh, an IPS officer, was transferred from the post of Joint Director, CBI to an equivalent post of IG in the BSF while handling a sensitive investigation. He challenged the transfer before the Central Administrative Tribunal alleging malafides by the Prime Minister, prejudice to public interest, and violation of…

The case concerned railway employees who retired between 1 January 1973 and 4 December 1988 and whose pension was to be calculated under Rule 2544 of the Indian Railway Establishment Code, which then allowed a running allowance of up to 75% of other emoluments. The Railway Board later issued notifications on 5 December…

The appellants, former guards of the Northern Railway who retired between 1980 and 1988, challenged a 1988 notification that retrospectively reduced the percentage of running allowance used to calculate pension from 75% to 45% (1973‑1979) and to 55% thereafter. The Full Bench of the Central Administrative Tribunal (CAT…

Bijoy Kumar Mishra was appointed as a probationary officer of the State Bank of India in October 1980. He remained unauthorisedly absent from duty from April 1981 and, after a brief appearance in August 1983, was absent until 1988. The bank’s service rules fixed a maximum probation period of three years, which expired …

The State of Bihar enacted the Bihar Forest Restoration and Improvement of Degraded Forest Land Taxation Act, 1992 to levy a tax on the excavation and use of forest land for non‑forest purposes. Respondents, including Indian Aluminium Company, held mining leases under the Mines and Minerals Regulation Act, 1957 and cha…

MIS Dewan Enterprises, a manufacturer of cycle rims, was assessed by the Uttar Pradesh Sales Tax Officer at an 8% rate, treating the rims as cycle parts. The company argued that under Section 14(iv)(xiv) of the Central Sales Tax Act, cycle rims are "declared goods" and, per Section 15, should be taxed at a maximum of 4…

Smt. Nilabati Behera filed a writ petition under Article 32 alleging that her son, Suman Behera, died in police custody due to injuries inflicted by police and that his body was later dumped on a railway track. The State of Orissa contended that the son escaped custody and was killed in a train accident, denying liabil…

The S.A. Jain College Trust and Managing Society acquired land belonging to a private owner for a college playground under the Land Acquisition Act, 1894. The original award in 1970 paid Rs 12,000 per acre with 15% solatium and 6% interest. Subsequent proceedings enhanced compensation to Rs 8 per square yard, added a 3…

Ram Pyare Pandey was appointed as a temporary Junior Clerk in the Integrated Rural Development Agency, a society registered under the Societies Registration Act, and was terminated within a month. He sued for a declaration that the termination violated Rule 13(b) of the agency's own rules, which required one month's no…

K.N. Dutt, a retired chief engineer of Haryana, had taken advances against his gratuity and signed an undertaking that any unpaid amount could be recovered from his gratuity. After disciplinary proceedings, the State withheld his retirement benefits, prompting Dutt to file a writ petition which the High Court ordered t…

The Supreme Court reviewed orders of the Patna High Court that were monitoring the Central Bureau of Investigation's (CBI) probe into the Bihar scam. The Court clarified that the High Court's role is limited to ensuring that the CBI performs its statutory duty and must not pass on the merits of the accusations. It reaf…

The plaintiff (borrower) sued the suppliers, lenders and guarantor over a power‑plant project, invoking credit agreements that contained arbitration clauses. The lenders, particularly Svenska Handelsbanken (defendant No. 4), instructed their counsel not to appear or take any step in the main suit, limiting a power of a…

Janata Dal (Samajwadi) was recognised as a national party on 16 April 1991. After the Lok Sabha and several state assembly elections held between April and June 1991, the Election Commission found that the party no longer satisfied the criteria in paragraph 6(2) of the Election Symbols (Reservation and Allotment) Order…

The appellant, a retired IPS officer, was allotted a government residence while in service. An amendment to the Allotment of Government Residence (General Pool) Rules, 1963, effective 1 January 1976, required any officer who owned a house to surrender the government accommodation and imposed a market licence fee as dam…

The appellant was initially appointed on a one‑year contract as Foreman in a state‑run Cycle Parts Factory in 1957, with his contract repeatedly extended. In 1960 he was appointed as Foreman Class‑II with retrospective seniority dated 4‑Jan‑1957, although the post became gazetted only in 1959 and the appointment was ba…

The appellant, a decree‑holder, obtained a money decree against the respondent and sought execution by auctioning the respondent's agricultural land. Although the appellant was permitted to bid and his bid was accepted, he failed to deposit the full purchase price within the statutory 15‑day period, citing a set‑off of…

The case concerned the revision of pay scales and fringe benefits for officers and workmen of Fertilizer Corporation of India Ltd. (FCI). Workmen who were promoted to the lowest officer scale before 1 January 1987 were already officers, whereas those promoted after that date were still workmen at the time of the 1987 p…

The testator's 1948 will granted his two wives equal life interests in the estate, stipulating that the survivor would enjoy the whole property and that after both wives' deaths the daughter would have a life interest followed by her children in fee simple. After the second wife died in 1967, the Tamil Nadu Land Reform…

The Asansol Electricity Supply Co. Ltd., a licensee under the Indian Electricity Act, 1910, had its licence revoked and was compelled to sell its undertaking to the West Bengal State Electricity Board (the Board). The Board paid a purchase price and continued the employees, but offered them fresh, temporary appointment…

The State of Tamil Nadu enacted the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 to acquire land for Harijan welfare projects. The Act was challenged as unconstitutional, alleging violations of Articles 14, 19 and 300A of the Constitution and lack of protection under Articles 31A and 31C. The Ma…

Raghbir Singh, convicted under IPC sections 326 and 149 and sentenced to three years' rigorous imprisonment, was released in November 1988 and subsequently contested the Punjab Vidhan Sabha election in February 1992. The respondent filed an election petition alleging that Singh was disqualified under sub‑section 3 of S…

M.B. Majumdar, a Judicial Member of the Central Administrative Tribunal (CAT), filed a writ petition under Article 32 alleging that the CAT members were discriminated against in pay and superannuation age compared to the Vice‑Chairman and High Court judges, invoking the principle of "equal pay for equal work" and Artic…

Mohd. Aslam filed a writ petition under Article 32 seeking reconsideration of the Supreme Court's judgment in Manohar Joshi v. Nitin Bhaurao Patil, alleging it was incorrect. The Court held that Article 32 cannot be invoked to challenge the correctness of a decision on its merits or to obtain its reconsideration. It fu…

The Supreme Court examined disputes arising from the Kerala Abkari Shops (Disposal in Auction) Rules, 1974, where licensees of arrack shops claimed the State was contractually obliged to supply additional quantities of liquor beyond the statutorily mandated monthly quota. The Court held that the monthly quota is obliga…

Manoharlal appealed against his conviction under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, contending that Section 50 was not complied with because he was not given a choice to be searched in the presence of a gazetted officer or a magistrate. The petitioner argued that the statute obliges the accused …

R.C. Sood, then Registrar of the Rajasthan High Court, was suspended by the High Court under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, on the allegation that he altered a draft recruitment advertisement, changing the age eligibility date from 1 January 1994 to 1 January 1…

The petitioners, students admitted to a medical college not recognised by the Medical Council of India (MCI), sought migration to a recognised college after passing the first MBBS examination. The Director of Medical Education refused, citing a condition that only students from recognised colleges are eligible for migr…

L.M.L. Ltd., a scooter manufacturer, purchased duty‑paid cold‑rolled steel sheets under tariff heading 7212.50 and claimed MODVAT credit. After cutting the sheets, the remaining off‑cuts were used to make small ancillary parts. The Collector of Central Excise held that the off‑cuts should be classified as sheets and ta…

The appellant, M.R. Gupta, a railway employee, claimed that his initial pay fixation in 1978 was incorrect because an increment due on 1 August 1978 under Rule 2018 (Fundamental Rule 22‑C) had not been incorporated. After his representation was rejected before the Administrative Tribunals Act, 1985, he filed an applica…

The appellants, cement manufacturers, challenged the 1969 amendment to the Cement Control Order which fixed a uniform retention price of Rs.100 per tonne for all cement producers, arguing it violated Article 14 by treating unequal producers alike. The Supreme Court examined whether the Central Government, exercising po…

Gian Kaur and her husband were convicted under Section 306 of the IPC for abetting the suicide of Kulwant Kaur. They appealed, arguing that Section 306 (and Section 309) were unconstitutional because Article 21 of the Constitution includes a "right to die", as held in P. Rathinam. The Supreme Court, sitting as a Consti…

The H.M.T. House Building Co‑operative Society, a housing society for HMT employees, submitted a scheme to the Karnataka Government and entered into an agreement with a construction firm (respondent No.11) to secure acquisition of land for its members. The State issued notifications under Sections 4(1) and 6(1) of the …

In 1993 a series of bomb blasts in Bombay led to the arrest of Abdul Hamid Haji Mohammed, during which six Chinese AK‑56 rifles and twelve magazines were recovered. The Designated Court under the Terrorist and Disruptive Activities (Prevention) Act (TADA) refused his bail, holding that the allegations attracted TADA pr…

The Supreme Court entertained a writ petition filed by environmental lawyer M.C. Mehta under Article 32 seeking directions to curb the growing menace of unregulated traffic in the National Capital Region (NCR) and National Capital Territory (NCT) of Delhi. Relying on the Motor Vehicles Act, 1988 and the Constitution, t…

The State of Assam filed appeals against a Central Administrative Tribunal (CAT) order that quashed two government orders of displeasure against Additional Chief Secretary P.C. Mishra and, in the same order, made adverse remarks against the then Chief Secretary H.N. Das. The controversy arose from ambiguous government …

The Municipal Corporation of Delhi (appellant) challenged awards granted by the Labour Court to daily‑rated/casual workers (respondents) who claimed equal pay with regular employees under the principle of equal pay for equal work. The workers sought computation of arrears of wages at the regular workers' rate, invoking…

Paras Ram was arrested on suspicion while carrying an unlicensed 12‑bore country‑made pistol. Although initially charged under Section 25 of the Arms Act, the case was transferred to a Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and he was convicted under Section 5 of TA…

The Indian Oil Corporation (IOC) operated a depot within the limits of the Municipal Corporation of Jullundhar and transported petroleum products to dealers outside those limits. The Municipal Corporation levied octroi under Section 113 of the Punjab Municipal Corporation Act, 1976, which the IOC contested, arguing tha…

The petitioners, appointed as Government Counsel in Uttar Pradesh, challenged a circular dated 6‑Feb‑1990 that terminated all such appointments across the state and ordered fresh panels, irrespective of existing tenures. The State argued the appointments were purely contractual and could be ended at will without cause.…

The Supreme Court considered two sets of appeals. In Union Carbide India Ltd. v. State of Andhra Pradesh it examined whether dry‑cell batteries and arc‑carbons were taxable under the higher‑rate entries 3 or 4 of the Andhra Pradesh General Sales Tax Act, 1957 or under the lower‑rate residuary entry 38. The Court held t…

The Delhi Government, after constituting a high‑power Review Committee as directed in Kartar Singh v. State of Punjab, sought the withdrawal of TADA charges in several cases. The Special Public Prosecutor filed applications before the Designated Court relying solely on the Committee’s recommendations. The Designated Co…

The case concerned whether a civil court could entertain a suit to determine title under the Tamil Nadu Minor Inam (Abolition and Conversion into Ryotwari) Act, 1963. The trial court had decreed in favour of the respondents, but the first appellate court set aside the decree on the ground that the Act barred civil cour…

The Bihar State Electricity Board ordered a transformer from NGEF Ltd., which was shipped by rail and covered by an open insurance policy with New India Assurance. The consignment was damaged during transhipment, and the insurer, after reimbursing the consignor, sued the railway administration for recovery, impleading …

The appellants, a group of landlords, challenged Sections 5(10)(B), 11(1) and 12(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, which fixed "standard rent" at the level prevailing on 1 September 1940 or at the first letting, thereby preventing rent increases. They argued that the provisions ha…

The Supreme Court examined an election petition challenging the Lok Sabha election of Gadakh Yashwantrao Kankarrao from Ahmednagar on the ground that he had committed a corrupt practice under Section 123(4) of the Representation of the People Act, 1951. The petition alleged that Gadakh and the then Chief Minister Shara…

The respondents, originally recruited as Assistant Compilers/LDCs, were promoted to temporary computer posts created for the 1991 Census, with a fixed sanction period ending 31 December 1993. After the sanctioned period, a letter from the Registrar General dated 30 November 1993 confirmed the abolition of those tempora…

The respondent, an employee of West Bengal State Cooperative Bank, was served with a charge‑sheet, a departmental inquiry was held, and a second show‑cause notice along with the inquiry report was issued. He failed to submit an explanation and was dismissed. He challenged the dismissal in successive writ petitions; the…

Rajanna, a security assistant in the Special Protection Group (SPG), suffered permanent partial disablement in a motor accident while traveling in an official SPG vehicle from staff quarters to the South Block. He claimed an ex‑gratia payment of Rs 50,000 under a 1986 Cabinet Secretariat circular that provides such pay…

The appellant, Mis. Shabi Construction Co., entered into a lease agreement with the New Town Development Authority (CIDCO) for a commercial plot, the agreement stipulating a maximum Floor Space Index (FSI) of 2. While the agreement was pending, the State Government issued a notification increasing the permissible FSI f…

The Life Insurance Corporation of India (LIC) received a large income‑tax refund for the life‑insurance business in the assessment year 1963‑64, which it claimed should be treated as a profit and deducted under Rule 2(1)(b) of the Income‑Tax Act. The tax authorities argued that only the portion of the refund that had b…

The respondent, D.K. Jain, a member of the Indian Audit and Accounts Service, was appointed Director (Finance) of Fertilizer Corporation of India (FCI) for a term of five years under Article 69 of the corporation's Articles of Association. He later accepted a two‑year appointment as Director (Finance) of Cement Corpora…

The Regional Transport Authority (RTA) of Coimbatore, using a marking system, awarded 11 marks to the State Transport Undertaking (Cheran Transport Corporation Ltd.) and 6 marks to a private operator (N.T. Arasu) for the Coimbatore‑Kottur stage‑carriage route, rejecting the private operator's renewal application. The S…

The State of Tamil Nadu appealed against a Madras High Court order that struck down Rules 8D, 19B and part of Rule 19A of the Tamil Nadu Minor Mineral Concession Rules, 1959. The State argued that giving preference to State Government companies or corporations in granting quarrying leases for certain granites was a val…

Petitioners challenged the Tamil Nadu Minor Mineral Concession Rules 8‑C (as amended on 10 June 1992) and Rule 38, alleging that they illegally reserve quarrying of certain granites for the State Government and its companies without the Central Government’s approval required under Section 17‑A(2) of the Mines & Mineral…

The Supreme Court examined public‑interest writ petitions filed after the CBI seized diaries implicating senior politicians and bureaucrats. The petitions alleged that the CBI and revenue authorities had failed to investigate the allegations and that a government "Single Directive" requiring prior sanction of the conce…

Premier Breweries, a dealer in Indian Made Foreign Liquor, sold liquor in bottles packed in cardboard cartons and was assessed sales tax at 8% on the cartons under Entry 97 of the Kerala General Sales Tax Act, 1963. The Deputy Commissioner, invoking sections 5(5) and 5(6) of the Act, revised the assessment to tax the c…

The Department of Telecom (DoT) of the Union of India appealed a High Court order that held the DoT to be an "industry" under the Industrial Disputes Act, 1947. The Supreme Court examined whether the DoT, engaged in commercial telecommunications services and not performing sovereign functions, falls within the definiti…

Prima Realty, a partnership firm, entered into a compulsory purchase agreement with the Union of India for a property in Chembur. The Central Government was required to tender the consideration within one month of the purchase order, but the cheque issued to Prima Realty was incorrectly made out to "Prime Realty Ltd" a…

M.M.T.C. Ltd. appealed against a High Court order directing it to appoint an arbitrator under the Arbitration and Conciliation Act, 1996. The dispute arose after the 1996 Act came into force, so the Court examined whether the arbitration clause in a 1993 agreement, which provided for each party to nominate one arbitrat…

The Supreme Court examined an order of removal of a workman by the employer, which had been challenged before the Central Industrial Tribunal. The workman died while the tribunal proceedings were pending, and the tribunal had directed payment of wages from the date of dismissal to the date of death. Relying on its earl…

The appellant, a technician employed by Madras Fertilizers Ltd., was dismissed on 18 November 1981 after a domestic inquiry that was later held defective by the Labour Court. The Labour Court, however, allowed the employer to prove misconduct and, on its own appraisal of the evidence, upheld the dismissal, issuing its …

United Bank of India filed a suit to recover a loan advanced to the respondents. The trial court dismissed the suit on the ground that the plaint was not signed and verified by a competent person. On appeal, the Supreme Court examined whether a company may authorize an officer or ratify the signing of pleadings under O…

The Junior Telecom Officers Forum (JTOF) filed a writ petition, special leave petitions and a transfer petition before the Supreme Court challenging the mode of promotion and seniority fixation for Telecom Engineering Service (Group B) officers, contending that promotions should be based on the year of recruitment rath…

The Catholic Syrian Bank Ltd. extended credit facilities to a partnership (defendants 2‑4) secured by an equitable mortgage and purchased two cheques drawn by defendant 6 on Union Bank of India. The cheques were credited to the partnership’s account, later dishonoured, and the bank sued defendant 6 for the balance. Def…

Dr. Devendra Vir Sahi was appointed as an Assistant Medical Officer on an ad‑hoc basis on 20 July 1985, after the cut‑off date of 1 October 1984 prescribed in Dr. A.K. Jain’s judgment. The Union of India, following a policy that required UPSC screening for ad‑hoc officers appointed between 1 October 1984 and November 1…

The Haryana State Industrial Development Corporation Ltd. (HSIDC) offered Inderjeet Sawhney a provisional allotment of one acre of industrial land in 1984, subject to fulfillment of pre‑requisites and a final allotment letter. Sawhney failed to meet those conditions, and the parties later agreed that he would accept tw…

The Karnataka Government, after amending Rule 3A of the Karnataka Minor Mineral Concession Rules, 1969 to relax a prohibition on quarry leases for certain granites, issued an order on 18 June 1991 granting 203 quarry leases under Rule 3. The petitioners challenged these grants, arguing they violated the prohibition in …

The Supreme Court examined the constitutional validity of Sections 28‑B(5) and 28‑C(9) of the Shri Jagannath Temple Act, 1954, which barred temple attendants (Sevaks) from receiving any share of offerings placed in newly installed hundis and from claiming a share of the foundation fund. The Sevaks argued that these pro…

Two election petitions were filed challenging the election of Dr. Shanker Dayal Sharma as President of India. Petition 1, filed by Mithilesh Kumar Sinha, claimed his nomination was wrongly rejected for not having the required ten proposers and ten seconders and argued that the signatures of common electors should remai…

The appellants, dealers and manufacturers of electronic goods in Bihar, relied on two notifications issued under Section 7(3) of the Bihar Finance Act, 1981 which exempted sales tax and purchase tax on electronic raw materials and finished electronic goods. For the assessment year 1989‑90 they claimed a similar exempti…

The petitioners, M/s Khadi and Village Soap Industries, challenged a 1987 notification under Section 13(1) of the Haryana General Sales Tax Act, 1973 that granted a full sales‑tax exemption to the Khadi Ashram, Panipat and its centralized units, while limiting the exemption for other cooperative societies to those whos…

The respondents, members of the Nilambur Kovilakam, filed a petition under section 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1973 claiming that 60 acres of land did not vest in the Government. The Forest Tribunal dismissed the petition, but the Kerala High Court reversed the decision, holding that t…

The appellants challenged the registration of the ancient Kalika Mataji temple as a public trust under the Bombay Public Trusts Act, 1950, arguing that it was a private family temple based on a historic will and internal restrictions. The respondents contended that the temple, whose origin is lost in antiquity, had bee…

Govindrao, an agent of the State Bank of Indore, was charged with causing loss to the bank by allowing large loans to be granted in violation of banking rules, which later became irrecoverable. The disciplinary authority dismissed him from service, and his subsequent appeals—including a special appeal—were rejected. Af…

Ram Avtar, a Mali‑cum‑Chowkidar employed by Haryana Warehousing Corporation, was stopped at the efficiency bar for the years 1988 and 1989 and faced adverse remarks in his 1986‑87 confidential report. He challenged the orders through writ petitions; the High Court dismissed the first petition but allowed the second, di…

In M.C. Mehta v. Union of India (Writ Petition (C) No.13029 of 1985), the Supreme Court issued comprehensive directions under the Motor Vehicles Act, 1988 and the Motor Vehicles Rules, 1993 to improve road safety and curb environmental pollution. The Court ordered verification of all commercial licences issued between …

Three advocates appointed as Additional District Government Counsel (Criminal) in Uttar Pradesh had their term renewed repeatedly until the State Government denied further renewal on 1 October 1992. The Allahabad High Court quashed the denial as an arbitrary action, holding that the reason given—lack of a district reco…

B.N. Agarwala obtained an arbitration award of Rs 95,003 on 26 March 1983, the same day the Arbitration (Orissa Amendment) Act, 1982 came into force. The State of Orissa challenged the award, arguing that Section 41‑A(7) of the amendment automatically transferred any pending arbitration in which no award had been made …

The appellants owned about 29 bighas of land in Meerut district that were notified for acquisition under the Land Acquisition Act, 1894 for a market. Because of urgency, the government invoked Section 17(1) and took possession before any award was made, also dispensing with Section 5‑A. The appellants later sought a ma…

The appellants, Pine Chemical, imported gum rosin and declared it as 'OFF' grade with a CIF value of US$410 per tonne. Laboratory tests and intelligence reports later established that the actual grade was 'WG', a higher quality with a CIF value of US$465 per tonne, constituting a misdeclaration. The appellants voluntar…

The case concerned three parcels of a former large rubber estate that had been sold and were managed separately. The appellants challenged the applicability of the Plantations Labour Act, 1951 (as amended by the Plantations Labour (Amendment) Act, 1960) to their estates, arguing that the proviso to Section 1(5) used th…

Pfizer Ltd., a pharmaceutical manufacturer, terminated two security staff members (respondents) after they were arrested for alleged theft, invoking its standing order for loss of confidence. The respondents filed complaints under Section 28 of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour …

Kaka Joginder Singh alias Dharti Pakad challenged the election of K.R. Narayanan as Vice‑President of India, alleging (i) that the Returning Officer wrongly accepted Narayanan's nomination despite substantial defects, and (ii) that a whip issued by the Congress party amounted to undue influence under the Presidential a…

Klockner & Co., a German firm, had a marketing agreement with Orissa Mining Corporation (OMC) for exclusive marketing of charge chrome, containing an arbitration clause referring disputes to the ICC in London under Swiss law. After OMC's charge‑chrome division was taken over by the State of Orissa under Ordinance 8 of …

Babu Singh, a life‑convicted prisoner who had served eleven and a half years, applied to the Punjab & Haryana High Court for premature release. The High Court, after noting that his mercy petition to the Governor had not been decided within the three‑month period it had ordered, directed his release on bail, stating th…

Delhi Cloth & General Mills Ltd. and another established a fertiliser unit in the villages of Raipura and Ummedganj, which were treated as part of Kota municipality and were levied octroi. The State of Rajasthan later issued a Kota Municipal Limits (Continued Existence) Validating Act, 1975 that deemed the villages to …

The appellants, liquor manufacturers, challenged Karnataka and Andhra Pradesh excise rules that required them to sell liquor only to a state‑owned distributor (MSIL) and imposed a steep increase in label‑approval fees. They argued that the rules violated their fundamental right to carry on trade under Article 19(1)(g),…

The plaintiff (borrower) entered into contracts with suppliers for a 108 MW captive power plant and with a consortium of banks, including Svenska Handelsbanken, for financing. The plant was later found to have a capacity of only 60 MW, leading the plaintiff to allege fraud by the suppliers and the lender and to seek a …

The Supreme Court examined the constitutionality of Section 25‑N of the Industrial Disputes Act, 1947, which requires prior governmental permission before an employer can retrench workmen in large establishments. The Court held that the right to retrench is an integral part of the employer’s Article 19(1)(g) right to c…

H.B. Singh, who served in the Indian Army from 1959 to 1976 and later joined the Haryana State Government in 1978, challenged a 1976 amendment to the Punjab National Emergency (Concession) Rules, 1965 that narrowed the definition of "Military Service" to only those who enlisted during the 1962 emergency, thereby withdr…

Ashish Handa, an advocate, challenged the appointment of former High Court Judge M.R. Agnihotri as President of the Haryana State Consumer Disputes Redressal Commission, alleging non‑compliance with the proviso to Section 16(1)(a) of the Consumer Protection Act, 1986 which requires consultation with the Chief Justice o…

Atia Mohammad Begum owned vacant land in Aligarh that was entered in revenue records as agricultural before the Urban Land (Ceiling and Regulation) Act, 1976 came into force on 17‑02‑1976. The competent authority declared the land to be in excess of the ceiling limit, but the District Judge reduced the excess area to 6…

The Supreme Court entertained a writ petition under Article 32 concerning massive quantities of illicitly felled timber in the North‑Eastern states. The Court examined the High Power Committee's report and the Ministry of Environment and Forests' perception on the need for urgent disposal, prevention of further loss, a…

The State of Punjab issued notices and a declaration under the Land Acquisition Act, 1894 to acquire certain lands and an award was passed on 25 March 1985 determining compensation only for the land, leaving compensation for superstructures and trees to be decided later. The respondents challenged the award, contending…

The respondent, a Sub‑Inspector of the Central Industrial Security Force, tendered his resignation which was accepted by the Deputy Inspector‑General (DIG) on 17 October 1984. He later sought to withdraw the resignation and asked for re‑enlistment, but both requests were rejected by the DIG. The High Court held that th…

The appellants challenged two notifications issued under the Land Acquisition Act, 1894 for acquiring 11 acres 36 gunthas of land in Bangalore, alleging that the acquisition was for a private limited company and not a public purpose, and that the urgency provisions of Section 17 could not be invoked. The State argued t…

The Supreme Court examined compensation for several plots of land acquired for a printing‑machinery factory. The lands, owned by three different claimants, differed in location, size and shape. The Land Acquisition Officer and the Punjab‑Haryana High Court had fixed a uniform market‑value rate per unit area, and had al…

The Delhi Development Authority (DDA) framed a chargesheet against Executive Engineer H.C. Khurana on 11 July 1990 and dispatched it on 13 July, but personal service was delayed until 25 January 1991 due to his medical leave. The Departmental Promotion Committee (DPC) met on 28 November 1990 and, invoking the "sealed c…

The respondents, registered dealers under the Sales Tax Acts, manufactured and sold goods both locally and outside the local area. Under the Madhya Pradesh Entry Tax Act, 1976, they were required to declare that goods sold were local and that no entry tax had been paid; failure to do so invoked Section 7(5), which pres…

The respondents, promoted from the running cadre (Driver Grade‑C) to the stationary post of Loco Supervisor before 1 January 1986, claimed that their pay should be stepped up to match that of a senior colleague, Sh. P.N. Kareer, who was promoted after the revised pay scales came into force and therefore received a high…

Chander Bhan Gill, appointed as Assistant (Legal) in 1985, completed one year of service on 26 January 1986 and became eligible for an annual increment. The Central Civil Services (Revised Pay) Rules, 1986 came into force on 1 January 1986, and the Government issued a clarification on 4 May 1987 stating that increments…

The appellants, Jain Exports Pvt. Ltd. and others, imported two consignments of refined industrial coconut oil in 1982 under an Open General Licence, but the 1980‑81 Import Policy listed coconut oil as a canalised item that could be imported only through the State Trading Corporation. The Customs Collector ordered conf…

The Chairman of the Orissa Administrative Tribunal, A.K. Ray, appealed to the Supreme Court to have critical remarks made by a Division Bench of the Tribunal expunged. The Tribunal had quashed the transfer of D.N. Mishra, an Additional Secretary who also served as Additional Registrar of the Cuttack Bench, on the groun…

The All India State Bank Officers Federation filed writ petitions under Article 32 challenging the State Bank of India's 7 March 1989 promotion policy for moving officers from Senior Management Grade Scale V to Top Executive Grade Scale VI. The petitioners argued that the policy was arbitrary for raising the minimum se…

Larsen & Toubro Ltd. (appellant) entered into a contract with Maharashtra State Electricity Board (respondent) for a coal handling plant, furnishing five bank guarantees for advance, performance, retention money and liquidated damages. After the plant was taken over, the respondent invoked all guarantees except the per…

The landlord filed a suit for ejectment and recovery of rent arrears against the tenant. The tenant applied for time to file a written statement and to deposit the entire arrears under Section 20(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming that the deposit was made befo…

The Supreme Court entertained a class-action writ petition filed by Vishaka and NGOs seeking enforcement of the fundamental rights of working women under Articles 14, 19(1)(g) and 21 of the Constitution, prompted by a gang‑rape incident in Rajasthan. The Court held that sexual harassment of women in the workplace viola…

The Supreme Court examined the constitutional validity of the Chit Funds Act, 1982, challenged by various chit fund companies and individuals on the grounds that it infringed their right to carry on business under Article 19(1)(g) and that Parliament lacked legislative competence, alleging the Act dealt with money‑lend…

The case arose from a trial before a Special Judge concerning alleged conspiracy and corruption in the Idamalayar Dam project. The Special Public Prosecutor sought, under Section 321 of the CrPC, permission to withdraw prosecution against one accused, G. Gopalakrishna Pillai, on the ground that there was no material to…

Allahabad Bank suspended clerk Deepak Kumar Bhola under clause 19.3(a) of the First Bipartite Settlement after a CBI investigation and charge‑sheet alleging forgery, cheating and other offences involving moral turpitude. Bhola challenged the suspension before the Allahabad High Court, which quashed it on the ground tha…

The appellants, manufacturers and dealers of Ayurvedic and Unani medicines, challenged the validity of the Tamil Nadu Spirituous Preparations (Control) Rules, 1984, which require licences for the sale of any medicinal preparation containing alcohol or intoxicating drugs. They argued that the rules imposed unreasonable …

The appellant, a lessee of a shop, was granted a mortgage by the lessor in his favour on 18 July 1974 for Rs.13,000. After the mortgage period expired, the lessor filed a suit for redemption of the mortgage and recovery of possession. The trial court granted a preliminary decree for redemption and possession, and the H…

The assessee, Duncan Brothers & Co. Ltd., claimed that provisions it made for income‑tax liability (Rs 16,48,888 for AY 1963‑64 and Rs 17,52,920 for AY 1964‑65) could either be treated as part of its capital or be deducted from the cost of excluded investments under the Super Profits Tax Act, 1963 and the Companies (Pr…

The State prosecuted S.J. Chaudhary for murder and offences under the Explosive Substances Act, seeking to introduce the testimony of a typewriter expert to identify the machine that produced a disputed document. The trial court and the Delhi High Court excluded the expert's opinion, relying on the earlier Supreme Cour…

In this public interest litigation, the Supreme Court was asked to clarify the status of an ad‑hoc committee headed by Justice R.K. Shukla that had been constituted under a previous order of the Court. The Court had subsequently created a permanent Environment Pollution (Prevention and Control) Authority for the Nation…

The Supreme Court entertained a public interest writ petition under Article 32 concerning large‑scale electricity theft, loss of coal wagons and related malpractices by the Uttar Pradesh State Electricity Board (UPSEB). After hearing counsel for the petitioners, the State, UPSEB and an amicus curiae, the Court ordered …

The Supreme Court examined the scope of the Forest Conservation Act, 1980 and clarified that the term "forest" includes all statutorily recognised forests irrespective of ownership. It held that any activity such as operating saw‑mills, veneer or plywood mills, or mining within forest areas is a non‑forest purpose and …

The Communist Party of India (Marxist) organized a bandh in Kerala, prompting a petition that the bandh violated citizens' fundamental rights under Articles 19 and 21 of the Constitution. The respondents contended that the bandh interfered with the freedom of speech, assembly and personal liberty of the public at large…

The respondents, employees of the Department of Posts and Telegraph, claimed that on promotion they received lower pay than juniors who were later promoted, alleging an anomaly that should be remedied by stepping up their pay under Government Order No. F2(78) E.III(A)/66. The Central Administrative Tribunal allowed the…

The petitioners, former servicemen re‑employed in the Union Territory of Chandigarh after 1 Nov 1966, claimed that the Punjab Government National Emergency (Concession) Rules, 1965 should apply to them for increments, seniority, promotion and pension. The Union Territory argued that the 1965 Rules were only applicable …

The respondent, Kewal Kumar, a Deputy Chief Electrical Engineer, was considered for promotion to Senior Administrative Grade by the Departmental Promotion Committee (DPC) on 23‑Nov‑1989. A decision to initiate disciplinary proceedings against him for a major penalty had been taken on 20‑Nov‑1989, based on a CBI‑registe…

The Collector of Central Excise, Bombay, appealed against K.W.H. Heloplastics Ltd. for non‑payment of excise duty on plastic tanks and vats. The department classified the goods under Heading 39.25, Sub‑heading 3925.10 as "builders' ware" liable to duty, while the assessee claimed exemption under Sub‑heading 3926.90 as …

The landlords (Madan Mohan and another) sought eviction of tenant Krishan Kumar Sood under the Himachal Pradesh Urban Rent Control Act, 1987 for non‑payment of rent. The Rent Controller ordered eviction on 29 July 1986, allowing the tenant 30 days to pay the "amount due". The tenant deposited Rs 8,500, which the landlo…

The petitioners, owners of arc/induction furnaces classified as large industrial power (LIP) consumers, challenged the Delhi Municipal Corporation's (DMC) resolution that raised the minimum consumption guarantee charges from Rs. 40 to Rs. 340 per KVA for such furnaces. They argued that the increase violated Section 21(…

The petitioners, Ahmedabad Manufacturing and Calico Printing Co. Ltd. and others, challenged the levy of central excise duty on the weight of yarn after it had been sized for weaving, contending that duty should be based on the unsized yarn. The High Court had ordered a refund, but the Government retrospectively amende…

Gulraj Singh Grewal rented a building in Ludhiana from Dr. Harbans Singh and his son. The landlords sought eviction on three grounds under the East Punjab Urban Rent Restriction Act, 1948: personal need, change of user, and impairment of value. The Rent Controller dismissed the petition; the appellate authority found p…

The landlord leased a premises in Chandigarh to the tenant for residential use, but the tenant's husband, a lawyer, set up a small office in part of the premises. The landlord sought eviction under section 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, alleging a change of user without written consent. The…

B.S. Bajwa and B.D. Gupta, former short‑service commissioned officers who joined the Punjab Water Works Department in 1971‑72, were placed junior to several colleagues in the department’s gradation list. After more than a decade they filed a writ petition in 1984 seeking to have their date of appointment back‑dated to …

The 1987 Vile Parle Assembly election of Dr. Ramesh Yeshwant Prabhoo was challenged on the ground that his agent, Bal Thackeray, made speeches appealing to voters on the basis of Hindu religion and inciting communal feelings. The High Court held the speeches to be corrupt practices under Sections 123(3) and 123(3A) of …

Manohar Joshi, the BJP‑Shiv Sena candidate, was elected from Dadar in 1990. Bhaurao Patil filed an election petition alleging corrupt practices under sections 123(3) and 123(3A) of the Representation of the People Act, relying on Joshi's speeches, those of party leaders and audio‑video cassettes. The Bombay High Court …

The Supreme Court examined an election petition that had declared the Lok Sabha election of Prof. Ramchandra G. Kapse void on the ground of alleged corrupt practices involving speeches by Sadhvi Reethambara and Pramod Mahajan. The Court held that a noticee under Section 99 of the Representation of the People Act has an…

The appellant Ramakant Mayekar challenged a High Court order that declared his election to the Maharashtra Legislative Assembly void on grounds of corrupt practices under the Representation of the People Act, 1951. The Supreme Court examined whether the election petition filed on 16 April 1990 was within the 45‑day lim…

Moreshwar Save was elected from the Aurangabad parliamentary constituency, but his election was set aside by the Bombay High Court on the ground that corrupt practices under Sections 123(3) and 123(3A) of the Representation of the People Act, 1951, were committed through speeches by Manohar Joshi and Bal Thackeray. The…

The appellant, ChandraKanta Goyal, a BJP candidate, was declared elected to the Maharashtra Legislative Assembly from Matunga in 1990. The respondent, S.S.J.S. Kohli of Janata Dal, filed an election petition alleging that the appellant committed corrupt practices under Sections 123(3) and 123(3A) of the Representation …

Suryakant V. Mahadik, a Shiv Sena candidate, was elected to the Maharashtra Legislative Assembly from the Nehru Nagar constituency. Saroj Sandesh Naik filed an election petition alleging that Mahadik, during a religious gathering at Sarveshwar Mandir, appealed to voters on the basis of "Hindutva" and urged them to vote…

UCO Bank, a secured creditor of Glass Carboys & Pressedwares Ltd., obtained a decree in 1976 to recover its debt before the Companies (Amendment) Act, 1985 came into force. The amendment inserted a proviso to Section 529(1) of the Companies Act, 1956, deeming the security of every secured creditor to be subject to a pa…

This landmark judgment concerns the scope of Article 356 of the Constitution of India, which empowers the President to impose President's Rule in states upon failure of constitutional machinery. The case consolidated challenges to proclamations dissolving legislative assemblies in Karnataka, Meghalaya, Nagaland, Madhya…

Express Newspaper Ltd. claimed large losses in its returns for AY 1985-86, which the Assessing Officer rejected as fabricated and assessed a huge income. While the appeal against this assessment was pending, the company filed an application under Section 245‑C of the Income‑Tax Act seeking settlement for four assessmen…

The Delhi Outdoor Advertisers Association filed an application seeking clarification and modification of the Supreme Court's November 20, 1997 order directing the removal of roadside hoardings that disturb safe traffic movement. The Association argued that the order allowed authorities to act arbitrarily and that furth…

J.G. Rajput, an employee of Ahmedabad Municipal Corporation, challenged his suspension in the Gujarat High Court, where he was initially represented by advocate B.J. Shethna. After Shethna was elevated to the bench, Rajput faced a later charge‑sheet for theft and filed a contempt petition alleging the corporation’s con…

Jinda Ram, a co‑sharer and tenant, filed a suit under Section 15(b) of the Punjab Pre‑emption Act, 1913 seeking to pre‑empt agricultural land that had been sold. The trial court recognized his co‑sharer status and granted partial relief, but the first appellate court dismissed the suit. The Punjab & Haryana High Court …

The original lessor let two shops and an adjoining house to Bhoolchand Chandiram in 1943 with an option to sub‑let. The tenant sub‑let one shop to Arts Palace in 1946 and later, on 1 April 1948, to Super Dry Cleaners. After the original lessor’s share was sold to Kay Pee Cee Investments in 1974, the new landlord sought…

The Gujarat Public Service Commission conducted examinations for Executive Engineers in 1980 and 1982, fixing a 50% viva voce qualifying mark which was later struck down, leading to revision of merit lists and appointments of some candidates. Subsequent petitions sought to use the waiting lists from those examinations …

Amrit Banaspati Co. Ltd., a vanaspati manufacturer in Uttar Pradesh, transports its products into Delhi where the Delhi Municipal Corporation Act, 1957 imposes a terminal tax under Section 178 on all goods brought from outside the Union Territory. The company challenged the tax as a direct and immediate restriction on …

The petitions filed by Sikkimese of Nepali origin challenged the reservation of twelve seats for Bhutia‑Lepcha and one seat for the Buddhist Sangha in the Sikkim Legislative Assembly, arguing that these provisions violated Articles 14, 15(1), 325, 332(3) and the basic structure of the Constitution. The Court examined w…

The State of Rajasthan and others appealed a Rajasthan High Court judgment that had applied a revised university pension scheme retrospectively from 1 January 1986 to teachers who retired between 1 January 1986 and 1 January 1990. The university had introduced the pension scheme only after the State Government’s policy…

Lt. Colonel P.S. Bhargava, an Army Dental Corps officer, completed the minimum qualifying service for a pension and applied for voluntary resignation, which was accepted with a notice that he would lose pension and other terminal benefits. He first challenged the acceptance of his resignation in a writ petition, which …

K.M. Rao, a Telugu Desam Party candidate, was elected to the Andhra Pradesh Legislative Assembly in 1989. An election petition alleged that he committed a corrupt practice under Section 123(3) of the Representation of the People Act by using posters that depicted party leader N.T. Rama Rao as the Hindu deity Lord Krish…

The respondents, former employees of the privately owned ASL Railways which voluntarily liquidated in 1978, were appointed as "fresh entrants" in Indian Railways under a Ministry of Railways letter dated 17 March 1978. They sought to have their service with ASL Railways counted towards the ten‑year qualifying period fo…

Allahabad Bank appointed Shri Prem Singh as a temporary cashier for one day at a time through successive letters, each stating that his service would automatically terminate at the end of the day. After four days of such employment (14-17 June 1977), the bank did not offer further work. The respondent filed an industri…

The Supreme Court examined a dispute where M.P.J. Builders had been granted a building sanction under the Cantonments Act, 1924, but failed to commence construction within the stipulated period and later sought extensions of time after the sanction had lapsed and after new building bye‑law restrictions were imposed. Th…

Anukul Chandrapradhan filed a writ petition under Article 32 challenging Section 62(5) of the Representation of the People Act, 1951, which bars prisoners and persons in police custody from voting, except those under preventive detention. He contended that the provision violated Articles 14 and 21 of the Constitution a…

The appellant, a District Munsif who had been temporarily promoted to Subordinate Judge, was removed from service by the Andhra Pradesh High Court after a departmental inquiry found him guilty of misconduct. He appealed to the Governor under Rule 21(2) of the Andhra Pradesh Civil Services (Classification, Control and A…

Patel Brothers & Co. Ltd. claimed kitchen expenses for providing ordinary meals to its employees and out‑station customers for the assessment years 1969‑70, 1970‑71 and 1971‑72. The Income‑Tax Officer disallowed the portion relating to customers, classifying it as "entertainment expenditure" under Section 37(2‑A) of th…

The respondent, an IPS officer recruited in 1968, had his date of birth recorded as 17 June 1939 in his service book, based on his school certificate and application. In 1982 he sought to change it to 15 June 1941, citing his horoscope and a sub‑registrar's record, but both the state and central governments rejected th…

Prem Nath Sharma, who held a mining lease for a granite unit under the Uttar Pradesh Minor Minerals (Concession) Rules, 1963, saw his lease expire on 31 March 1995. The District Magistrate (DM) issued a notice on 31 March 1995 under Rule 72(ii) inviting applications for a fresh lease, specifying 2 May 1995 as the date …

The case arose from a violent incident on 10 May 1978 at a marriage venue in Simla, where a group of youths armed with hockey sticks, iron rods and other weapons attacked the gathering in retaliation for a prior altercation involving a parked jeep. The assault resulted in injuries to several persons and the death of Su…

A bus was insured by Oriental Insurance Co. Ltd. on 30 November 1989. The premium was paid by cheque which later bounced, and the insurer sent a notice that it was not at risk. The premium was finally paid in cash on 2 May 1990, but the bus met with an accident on 19 April 1990, killing the truck driver. The driver’s w…

The appellants, Darshan Oils Pvt. Ltd., entered into a contract and opened an irrevocable letter of credit on 3 October 1983 to import fatty acids, which were not canalised under the Import and Export (Control) Act, 1947 policy for 1983-84. On 11 November 1983 the Government issued a public notice amending the policy, …

The appellant, National Thermal Power Corporation Ltd., entered into a contract with Flowmore Private Ltd. for the supply of pumps and related equipment, under which Flowmore furnished five bank guarantees payable on demand. Disputes arose and the parties referred the matter to arbitration; during the pendency, the app…

The Supreme Court heard a writ petition filed by the Sub‑Committee on Judicial Accountability seeking directions concerning an inquiry into alleged misconduct of a sitting Supreme Court judge for his conduct as former Chief Justice of a High Court. The petition questioned the validity of the Lok Sabha Speaker’s admissi…

The petitioner booked a flat in a building constructed on excess vacant land that had been exempted under Section 20(1)(b) of the Urban Land (Ceiling and Regulation) Act, 1976. The promoter refused to transfer the flat and the land share, citing a Karnataka High Court order based on the Supreme Court’s decision in S. V…

L.M. Mahurkar, a sales tax practitioner with only a matriculation qualification, was denied enrollment as an advocate by the Bar Council of Maharashtra after the Advocates Act, 1961 came into force. He claimed that his prior right to appear before the Bombay Sales Tax Authority, exercised under the Bombay Sales Tax Act…