SHIVARAJ V PATIL

The appellant Dhananjay Shanker Shetty was convicted under Section 302 read with Section 34 of the IPC for the murder of Uday Patole. The prosecution relied on police constables who claimed to have seen the accused and his companions fleeing with weapons and on a telephonic message to the police station, but the accuse…

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

The appellants, members of the Vellala community, claimed that the Sree Uchini Makali Amman Temple in Nalloor was a denominational temple belonging to their community and therefore entitled to protection under Article 26 of the Constitution and Section 107 of the Tamil Nadu Hindu Religious and Charitable Endowments Act…

Shankar Ram & Co. purchased 249 shares of Rajapalayam Mills from the bank on 24‑08‑1978, paying Rs.25,155.40, without knowledge that the shareholder, Kasi Naicker, had filed an insolvency petition in 1976. The petition was dismissed in 1977, but an order of adjudication was finally passed on 17‑10‑1978. The appellant f…

Hythro Power Corporation Ltd. sought to refer its dispute with Delhi Transco Ltd. to arbitration under an arbitration clause contained in a Notice Inviting Tender (NIT). The Single Judge of the Delhi High Court, acting as the nominee of the Chief Justice under Section 11 of the Arbitration and Conciliation Act, 1996, r…

The appellant, a temporary employee of Zilla Parishad, Jalna, was suspended on 1 July 1987 for alleged defalcation and an inquiry was ordered. A government order dated 24 November 1987 permitted termination of a temporary servant within a year without notice, inquiry, or suspension, and the respondent terminated the ap…

Northern Indian Glass Industries obtained land in Haryana for a glass factory under the Land Acquisition Act, 1894. After the award and payment of compensation in 1974, the landowners sought enhanced compensation, which was granted by the High Court in 1988. Seventeen years later, the landowners filed a writ petition c…

The dispute involved two clans from neighboring villages in Nagaland over access to a water source and the ownership of the land on which it lay. The village Dobhasis Court initially held the land belonged to the appellants, but the respondents appealed and the Additional Deputy Commissioner later declared the responde…

Smt. J. Mary Susheela, a teacher, filed a suit seeking a mandatory injunction to be assigned teaching work as per an alleged appointment. The trial court framed six issues but decided only the first, finding she was not entitled to the injunction and dismissed the suit. The Karnataka High Court on appeal expanded the s…

The appellant, Lacchman Singh, was declared by the Collector under the Himachal Pradesh Ceiling on Land Holdings Act, 1972 to have a surplus of 108.3 bighas. He did not object to the draft statement and the order was confirmed on 14 July 1975. After being detained under MISA, he challenged the order in a writ petition …

After a mutual consent divorce under the Hindu Marriage Act, 1955, the mother remarried a famous cricketer and sought exclusive custody of their 9‑year‑old daughter. The Family Court awarded custody to the father, but the Karnataka High Court reversed that decision, granting the mother exclusive custody with visitation…

The respondent, a member of the Railway Protection Force, was charged under Rule 153 of the RPF Rules, 1987 for five counts of misconduct. An enquiry found all charges proved and the disciplinary authority removed him from service. The respondent challenged the removal in the appellate and revisional authorities withou…

The Kanpur Development Authority (KDA) floated a housing scheme in 1978 for Middle Income Group (MIG) with an estimated cost of Rs. 48,000 per house, with a clause that escalation could not exceed 10%. The respondents applied within the deadline, but due to litigation initiated by some other applicants, the KDA delayed…

The Supreme Court examined writ petitions filed by employees and shop tenants of the Shri Mata Vaishno Devi Shrine Board, which the Jammu & Kashmir High Court had dismissed on the ground that the Board was not a "State" within Article 12 and therefore not amenable to writ jurisdiction. The Court held that the earlier d…

Fourteen properties requisitioned by the Union of India were later notified for acquisition under Sections 4 and 17(1)&(4) of the Land Acquisition Act, 1894. The High Court had quashed the notification on the ground that there was no urgency and that the owners' right to object under Section 5A was denied. On appeal, t…

The case involved a second appeal filed by the heirs of Balla Ram against the heirs of Phoola. The Punjab and Haryana High Court dismissed the appeal summarily, stating “No merit”, without examining whether any substantial question of law existed between the parties as required by Section 100(3) of the Code of Civil Pr…

The appellants filed a second appeal under Section 100 of the Code of Civil Procedure, challenging the Madhya Pradesh High Court's reversal of the trial and first appellate courts' findings of fact. The High Court failed to state any substantial question of law in its memorandum of appeal or judgment, yet entertained t…

The dispute concerned the selection of police constables for training and promotion to the rank of Lance Naik under Police Order No. 266 of 1981. The Order required candidates to obtain at least 50% marks in each individual subject of the outdoor and indoor tests and to be selected for training on the basis of their or…

The appellant, a constable of the Railway Protection Force, was charged with leaving his post and the station without permission, leaving arms and ammunition unguarded, and filing a leave application that was not approved. The disciplinary authority found the charge proved and imposed removal from service under Rule 15…

The employee, Ajay Kumar, was dismissed by Indian Railway Construction Co. Ltd. while on probation for allegedly assaulting a senior officer and creating a violent scene. The employer dispensed with a disciplinary enquiry, invoking loss of confidence and impracticability, and relied on Rule 30 of its Conduct, Disciplin…

The case concerned a suit for partition of land originally owned by the widow Gangammal, filed by the legal representatives of the deceased K. Ethirajan. The respondents, representing the heirs of M. Gurunathan, claimed inheritance rights over the same property. The trial court and first appellate court granted a preli…

The Hirakud Dam Project was taken over by the State Government in 1960, and workmen employed before 1‑April‑1960 were transferred to various departments, including the Orissa State Electricity Board. The Board’s regulations prescribed a superannuation age of 58 years, but under Section 60 of the Electricity (Supply) Ac…

In eviction suits filed by landlords against tenants, the landlords sought to strike off the tenants' defence under Order XV Rule 5 of the CPC for failing to deposit arrears of rent before the first hearing. The trial court refused to strike off the defence, allowed the tenants to deposit the arrears later, and accepte…

The tenants (appellants) were ordered by the Rent Control Court to vacate premises for default in rent payment. They appealed under Section 20 of the Tripura Buildings (Lease and Rent Control) Act, 1975, but had not deposited the arrears of rent required by Section 13(1). The lower courts held the appeal inadmissible, …

The respondent, a Physical Education Teacher appointed to a Kendriya Vidyalaya, filled an attestation form stating that no criminal case was pending against him, despite a case being registered. The employer terminated his services for suppressing material information, a decision upheld by the Central Administrative Tr…

The case concerned 5 bighas of land donated by a Fauzdar to his ancestor for the construction of a temple. The land was held to be an absolute private gift, not an endowment, and the temple was deemed a private temple. After a long series of suits, appeals and a Supreme Court judgment confirming these findings, the Sta…

The appellants challenged a notification under Section 4 of the Land Acquisition Act, 1894 issued for acquiring their agricultural land, and the subsequent cancellation of that notification by a Sub‑Divisional Officer (SDO) under Section 5A. The SDO’s order was set aside by the Additional Commissioner, who also issued …

A batch of constables appointed on probation were discharged for failing to pass a language test and for not successfully completing ten months of basic training. The respondents claimed exemption from the language test under Rule 14 and argued that the appointment order did not require successful completion of trainin…

The appellant challenged a 1998 government notification that excluded a small portion of Cubbon Park for construction, arguing it violated the Karnataka Government Parks (Preservation) Act, 1975 and the Constitution’s right to life. The High Court upheld the notification, limiting future constructions without further c…

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

The respondent, a printer, claimed Rs.75,000 for damage to its building and machinery caused by vibration from a bulldozer operating on a nearby road. The insurance policy’s Clause 5 covered "impact by any rail/road vehicle or animal". The insurer argued that the damage was not an "impact" and denied the claim. The Dis…

Certain goods vehicles insured by Oriental Insurance Company were involved in accidents that killed unauthorised or gratuitous passengers. Claims were filed under the Motor Vehicles Act, 1988 and the Motor Accident Claims Tribunal held the insurer liable for compensation. The High Court upheld that decision, relying on…

The State of Andhra Pradesh issued a notification to recruit 1,715 Excise Constables, conducting interviews and document verification. The process was halted due to an election notification and later cancelled after the state imposed total prohibition, with no selection list ever published. The candidates filed writ pe…

The Andhra Pradesh State Irrigation Development Corporation (the appellant) introduced several phases of a Voluntary Retirement Scheme (VRS) for its employees, fixing specific cut‑off dates for calculating VRS benefits. Employees whose applications were accepted continued in service beyond the cut‑off dates because the…

The Punjab Subordinate Selection Board conducted a written test for Assistant District Transport Officer posts and later lowered the qualifying standard, calling additional candidates for interview. The appellants, who were not selected, challenged the selection on grounds of arbitrariness, excessive interview marks, a…

The case concerned the regularisation of several Head Constables who had been temporarily promoted as Out of Seniority Sub‑Inspectors (OSSI) in 1983 without following the recruitment rules. The State Government, between 1996‑97, exercised its power under Rule 47 of the Andhra Pradesh State and Subordinate Service Rules…

The petitioners, originally appointed in the Rural Development Department of Kerala, later transferred to the Co-operative Department after applying through the Kerala Public Service Commission. When a promotion list was prepared for the Rural Development Department, a dispute arose whether the petitioners retained a l…

The Sai Publication Fund, a trust created by devotees of Sai Baba to spread his teachings, published and sold books, pamphlets and related material at nominal cost. The Commissioner of Sales Tax contended that the trust was a "dealer" under the Bombay Sales Tax Act, 1959, invoking the amended definition of "business" i…

Ugar Sugar Works Ltd., a manufacturer of Indian Made Foreign Liquor, challenged a Delhi Administration notification issued under the Punjab Excise Act, 1914 and Delhi Liquor Licence Rules, 1976 that imposed Minimum Sales Figures (MSF) as a condition for obtaining an L‑1 licence for the excise year 2000‑2001. The petiti…

The case concerns N.I. Khan, a teacher at Nirmala Senior Secondary School, who was alleged to have assaulted the principal and later threatened to burn the school. The school suspended him without prior approval from the State Education Department, leading the State to revoke the suspension and order a separate enquiry…

The plaintiffs, Motilal and others, owned land recorded in revenue records but the State of Madhya Pradesh had taken the land under Nigrani (supervision) to recover a loan and handed it to a cultivator, who in turn gave possession to the respondent Niyazuddin. After the loan was repaid, the State restored possession to…

Gardeners were engaged through an agency to maintain lawns within the premises of Bharat Heavy Electrical Ltd (the appellant). Their services were terminated and they raised an industrial dispute, claiming reinstatement and compensation under Section 6‑N of the Uttar Pradesh Industrial Disputes Act, 1947. The Labour Co…

R.S. More was appointed as a police constable on probation for two years and six months starting 26 June 1992. His probation expired on 2 December 1994, but he continued in service and his probation was later extended by one year and three months on 14 March 1996. He was discharged on 12 November 1997 under Rule 6 of t…

The appellants Rizan and Duda were convicted for assaulting Jhanguram (PW‑2) and his wife (PW‑4) under IPC sections 326 and 323. They appealed, claiming the acts were in private defence, that related witnesses should be disbelieved, that the conviction was unsafe because four co‑accused were acquitted, and that the sen…

The Supreme Court examined the land‑holding of Escorts Farms Ltd., which occupied land released by the Uttar Pradesh government to the former ruler of Kashipur under a Government Grant and later became subject to the Uttar Pradesh Imposition of Ceiling on Land Holdings Act. The State initiated ceiling proceedings, decl…

The respondent, a temporary Assistant Central Intelligence Officer-II in the Intelligence Bureau, was terminated on grounds of negligence and dereliction of duty. He challenged the termination before the Central Administrative Tribunal (CAT), which set aside the order and declared him to be in continued service. On app…

The Ganges Rope Co. applied to the Howrah Municipal Corporation for sanction to construct a seven‑storey building. The corporation failed to decide within the statutory 60‑day period, prompting the High Court to order a sanction up to the fourth floor and to allow the company to seek further sanction. After the corpora…

Syndicate Bank sued R. Veeranna and others for repayment of loans totaling Rs 16,15,091.05. The defendants accepted liability but contested the bank's claim for a higher rate of interest, arguing that the increase violated natural justice and the bank's own circulars. The trial court awarded the loan amount with intere…

The appellant, Ahad Brothers, owned 16.81 acres that were acquired by the State of Madhya Pradesh under the Land Acquisition Act, 1894, and were awarded compensation treating them as owners. Unsatisfied with the compensation, the appellant sought a reference under Section 18, which the Reference Court rejected, finding…

The petitioner, British Motor Car Co., leased land and a building in Jalandhar in 1967 under a lease that prohibited any additions or alterations. The tenant later erected two permanent sheds in the courtyard without the landlord's consent, obstructing ventilation and reducing the usable area. The landlord filed an evi…

The State of Andhra Pradesh had acquired land under the Land Acquisition Act, 1894 for a road project, but a portion remained unused. The original owner, Syed Akbar, sought reconveyance of the unused portion relying on Standing Order No. 90(32) of the Andhra Pradesh Board of Revenue. A single High Court judge directed …

Shyam Singh filed a suit for specific performance of a 1971 agreement of repurchase of land against Daryao Singh (deceased) and other respondents. The trial court and appellate courts dismissed the suit, holding that the right of repurchase was a personal right of the original sellers (defendants 2‑4) and could not be …

The decree holder obtained an ex‑parte decree for specific performance of a sale agreement concerning vacant land and executed the decree, taking possession through a court nazar. The objectors, who had earlier purchased the same land and had municipal mutation, filed an application under Order XXI Rule 99 CPC alleging…

The case concerned validation certificates issued by Tahsildars for transfers of agricultural land that were later cancelled by the Joint Collector exercising suo‑motu power under Section 50‑B(4) of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act. The appellants argued that the Collector could act…

The Balaji Mandir Trust, a religious institution registered under the Madhya Pradesh Public Trust Act, filed an eviction suit against tenants Ramgopal and others, relying on a notification issued under Section 3(2) of the Madhya Pradesh Accommodation Control Act, 1961 that exempted trust properties from the Act. The te…

Mathew P. Thomas, a probationary Junior Manager (Quality Control) with Kerala State Civil Supplies Corporation, was terminated after multiple show‑cause notices alleging negligence and misconduct in accepting inferior stock. The corporation argued the termination was based on unsatisfactory performance during probation…

The appellant, the legal heirs of the late Nawab of Rampur, claimed that 1,073 acres of agricultural land listed as his private property in the 1949 Merger Agreement and subsequent letters were exempt from the Uttar Pradesh Imposition of Ceiling on Land Holdings Act. The State's Prescribed Authority issued a notice tha…

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

Lalit Popli, a clerk of Canara Bank, was dismissed after an internal enquiry found him guilty of forgery and unauthorized withdrawal of Rs.1.07 lakh, relying heavily on a handwriting expert’s report. The employee challenged the dismissal, arguing that the expert’s evidence was inadmissible, that adverse remarks about t…

Dr. (Mrs.) Chanchal Goyal was appointed as a Lady Doctor in the Municipal Council of Ganganagar, Rajasthan, on a temporary basis for six months or until a regular incumbent selected by the Rajasthan Public Service Commission (PSC) joined. Her service was repeatedly extended for about fourteen years without obtaining th…

The landlord appealed against lower courts that had refused to include the portion of land on which the tenant, with the landlord's permission, had erected a building for the purpose of fixing fair rent under the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960. The issue was whether such land should be treated as…

The appellants, original bhumidars of Khasra No. 324, had earlier received plot No. 679 as compensation and thereby lost any interest in the original land. The land was later sold to respondent No. 3, who, after the amendment of the East Punjab Holding (Consolidation & Prevention of Fragmentation) Act, claimed the bene…

The appellants, licensee‑contractors of toddy shops in Kerala, argued that the Employees' State Insurance Act, 1948 (ESI Act) did not apply to their establishments because toddy shops were not listed in the 1974 notification and were exempt under the proviso to Section 1(4) as they were owned or controlled by the State…

The respondent, Manoj K. Mohanty, was appointed as a typist on a temporary, consolidated salary but performed the duties of a Junior Assistant for over five years without regularisation. He filed a writ petition seeking regularisation and equal pay with regularly appointed Junior Assistants, invoking Article 14's "equa…

Shiv Shakti Coop. Housing Society filed revision petitions under Section 115 of the CPC against interim orders of a subordinate court. The High Courts dismissed the petitions, holding that the 1999 amendment to Section 115 made such interim orders non‑maintainable for revision. The Society appealed, arguing that the am…

The Kerala State Road Transport Corporation (the Corporation) absorbed employees of the State Transport Department whose pension rights were protected under Section 34 of the Road Transport Corporation Act, 1950 and were to be governed by Part III of the Kerala Service Rules, 1959 (KSR). The State Government, by a lett…

The case concerned about 2,000 primary teachers appointed in Bihar between 1981-83 whose appointments were later declared illegal and terminated. The High Court ordered a fresh selection, directing the State to relax the age limit for those who became over‑aged during the intervening period. After the fresh selection, …

The appellant, Commissioner of Sales Tax, sought reassessment of sales tax for the years 1981‑82, 1982‑83 and 1983‑84 against M/s Subhash & Co., whose registration was cancelled in 1987. Notices for reassessment were issued to the address on the registration certificate and, when the assessee was not found, were served…

Pamuru Vishnu Vinodh Reddy (the plaintiff) retired from the partnership firm Vijay Mahal Theatre on 5 April 1971 by selling his 25% share, but the other partners failed to pay the agreed consideration. After his death, his son filed a suit for dissolution and accounting of the partnership assets. The trial court appoin…

The case arose from a land dispute in which the deceased and his relatives clashed with Gapoo Yadav and his sons over a tree. During a sudden quarrel the accused assaulted the deceased, causing several injuries, one of which was grievous and led to his death. The trial court convicted the accused under Sections 148 and…

Maliyakkal Abdul Azeez was convicted under Section 135(1) of the Customs Act for smuggling gold and sentenced to three years' rigorous imprisonment, later reduced to two years. He had earlier been detained for two years under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), a …

The State Bank of India (SBI) had absorbed several ex‑servicemen and, following government policy, was required to protect the pay they earned in the armed forces when fixing their salaries. After the Fourth Bipartite Settlement became retrospectively operative, SBI issued circulars that reduced the employees' total em…

The Central Bank of India, a tenant, faced eviction proceedings initiated by the landlords under the Bombay Rents Act, which were initially dismissed in its favour. After the Maharashtra Rent Control Act, 1999 came into force, the landlords invoked Section 3(1)(b) to terminate the tenancy, leading to a suit in the Smal…

The dispute concerned the exclusive right to operate an iron‑ore mine. Hardesh Ores (the old contractor) claimed that its contract with the mining‑lease owner had been renewed by the parties' conduct, while Timbolo Minerals (the new contractors) asserted that the owner had refused renewal and entered into a fresh, high…

The respondent, V. Venkateswara Rao, held vacant land in excess of the ceiling limit under the Urban Land (Ceiling and Regulation) Act, 1976 and obtained a 33‑year lease of the land before the prohibition on alienation of vacant land took effect. The State Government granted an exemption under Section 20(1)(a) of the A…

The respondent, a Manager (Grade‑I) of State Bank of India, was dismissed after disciplinary proceedings where the enquiry officer found some charges proved, some partly proved and some not proved. The disciplinary authority accepted the proved and not‑proved findings but treated the partly‑proved charges as fully prov…

Manohar, a landowner, filed a writ petition in the Allahabad High Court seeking a direction for the State of Uttar Pradesh to determine and pay compensation for land that had been taken and on which the State constructed office buildings. The High Court ordered the State to pay compensation within three months, finding…

The Indian Oil Corporation invited applications for a petrol pump dealership, giving preference to unemployed youth. The appellant, B.R. Chowdhury, was selected and awarded a dealership, but he was employed as a trainee sales representative at the time of application, which he concealed by marking 'Nil' in the employme…

Sri Ram Saha, the owner of a private garden (bagan) in West Bengal, sought to fell several old trees affected by worms and replace them with saplings. Local police and the Block Land Reforms Officer stopped him, citing the High Court’s interpretation of Sections 4‑A, 4‑B and 4‑C of the West Bengal Land Reforms Act, 195…

Girnar Traders, a partnership firm, owned land reserved under the Jalgaon Development Plan. After the State Government confirmed the firm's purchase notice, the municipal council failed to acquire the land under the Maharashtra Regional and Town Planning Act (M.R.T.P. Act). The State later declared the land required fo…

The Kerala Land Reforms Board ordered the respondents to surrender 2,067 acres, treating the land as excess under the ceiling provisions that became effective on 1 January 1970. The respondents argued that the land was private forest covered by the Madras Preservation of Private Forests Act, 1949 and, having been conve…

The Uttar Pradesh Government issued a notification under Section 15 of the Uttar Pradesh Milk Act, 1976 fixing lower prices for cream and paneer, contrary to a price agreement between Central Dairy Farm (state‑owned) and Glindia Ltd. that had been affirmed by the Allahabad High Court in 1988. Glindia challenged the not…

The State of Andhra Pradesh sued respondents to declare land occupied by them as government land, which was transferred to a Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982. The respondents claimed title based on a historic Muntakhab and subsequent occupancy rights, but the Special Court de…

The appellant, the original recorded owners of certain lands in Uttar Pradesh, challenged the recording of Jan Mohammad as Sirdar under section 210 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, on the basis of his alleged adverse possession. The Consolidation Officer had initially recorded him as…

The vendor, a life tenant of a property, entered into a sale agreement with HPA International to sell his life interest and the reversionary interest of the remaindermen, subject to obtaining a High Court sanction. The sanction suit was opposed by the reversioners and, after two years of delay, the vendor served a noti…

The case concerned the allotment of industrial plots in Chandigarh under the Capital of Punjab (Development and Regulation) Act, 1952 and the 1973 Lease‑Hold Rules. Of 339 shortlisted allottees, 254 could not be given possession because much of the land was declared a reserved forest and fell within a restricted zone u…

Kunal Singh, a constable in the Special Service Bureau, suffered a severe leg injury that led to amputation and was declared permanently incapacitated. The employer terminated his service, and the High Court dismissed his writ petition. Singh appealed, contending that under Section 47 of the Persons with Disabilities (…

A teacher employed by a municipal school sought gratuity under the Payment of Gratuity Act, 1972, but the Gujarat High Court held that teachers are not "employees" within the meaning of section 2(e) and dismissed the claim. The Ahmedabad Private Primary Teachers' Association appealed, arguing that the definition of emp…

The State of Uttar Pradesh dismissed Assistant Agriculture Inspector Chandrapal Singh after disciplinary proceedings initiated by the District Agriculture Officer, who was subordinate to the Director of Agriculture, the appointing authority. Singh challenged the dismissal before the U.P. Public Service Tribunal, arguin…

J.P. Bansal was appointed as a judicial member and later acting Chairman of the Rajasthan Taxation Tribunal with a tenure ending on 18 September 2000. The Tribunal was abolished by the Rajasthan Taxation Tribunal (Repeal) Ordinance, 1999, which automatically terminated his appointment. Bansal filed a writ petition seek…

The respondents, who belong to the open category, challenged their denial of admission to Government Medical Colleges, arguing that seats created under the Supreme Court's interim directions on communal reservation should be allotted to them. The High Court Single Judge, affirmed by the Division Bench, ordered their ad…

The employee was originally appointed by the Kanpur Cooperative Milk Board as an Assistant Sales Officer on a temporary basis and was sent on deputation to the Ram Ganga Command Area Development Authority (the borrowing authority). The Authority later appointed him on a temporary basis as Subject Matter Expert, but the…

Four charge‑sheets were issued against bank officer Debasis Das. After an inquiry into one charge, he was dismissed, a decision later set aside by the High Court and he was reinstated. Subsequent inquiries into the remaining charges were conducted, during which the employee was not allowed to file written briefs after …

The appellant, Kanta Devi, challenged the dismissal of her husband, a Subedar (Inspector) of the CRPF, which was ordered by the Deputy Inspector General (DIG) under the Central Reserve Police Force Rules, 1955. The High Court had quashed the dismissal, holding that prior approval of the Inspector General (IG) was requi…

The Government of Haryana issued a show‑cause notice demanding excise duty on beer brewed by Haryana Brewery Ltd, alleging that the wastage in the brewing process exceeded the statutory allowance. The brewery contended that duty could be levied only after the beer became fit for human consumption and that the 7% wastag…

Members of a cooperative agricultural credit society pledged paddy bags for loans and later disputed the society’s demand for repayment with interest. They approached the District Consumer Disputes Redressal Forum seeking release of the pledged bags or payment of their market value plus compensation for mental agony. T…

The Punjab State Electricity Board acquired land for a power project and, in 1994, announced a scheme to give priority employment to one member of each displaced family. The respondent’s name was placed on the list, but the Board later revised the policy, limiting eligibility to families whose land exceeded two acres a…

Sm. Laxmibai was traveling in a Karnataka State Road Transport Corporation bus (No. CAF 3590) on 26 February 1989 when a stone caused the bus window glass to break, and a fragment struck her right eye, resulting in 35% visual disability. She filed a claim before the Motor Accident Claims Tribunal under the Motor Vehicl…

The respondent, a bus conductor employed by the U.P. State Road Transport Corporation, was terminated for dereliction of duty, violation of the conduct code and alleged misappropriation of money after being found with old tickets and without issuing tickets to passengers. The High Court upheld the termination, but the …

The employee, a Lab Assistant employed since 1973, was terminated in 1978 after disciplinary proceedings. He later filed a representation under Regulation 21 of the U.P. Intermediate Education Act, 1921, which was dismissed, and a writ petition in the High Court that ordered a lump‑sum compensation of Rs 30,000, noting…

The United Commercial Bank dismissed Assistant Manager P.C. Kakkar after disciplinary proceedings under its 1976 Conduct, Discipline and Appeal Regulation, finding several charges of misconduct established. The employee appealed the dismissal and later challenged the quantum of punishment before the Allahabad High Cour…

The appellants, who had been in possession of land since 1938, challenged a 1978 order under Section 71A of the Chota Nagpur Tenancy Act that restored possession of the land to a Scheduled‑Tribe claimant alleging fraudulent transfer. The Supreme Court examined whether Section 71A could be applied retrospectively to a t…

The Himachal Pradesh State Electricity Board purchased land that, according to the sale deed, provided Shiv K. Sharma and others a right of access through a passage. After the State Government acquired the land for a sub‑station, it fenced the passage, blocking the respondents' access. The respondents sued for an injun…

The appellant, daughter of the original landowner, sought redemption of a mortgage executed in 1941. The mortgagee had inducted a tenant, who was entered in revenue records and later received a certificate under s.88C of the Bombay Tenancy and Agricultural Lands Act, 1948. After redemption, the appellant attempted to e…

Syndicate Bank sued the partnership firm R.S.R. Engineering Works and its partners for repayment of loans. The partnership was dissolved and one partner (respondent 4) claimed to have taken over the entire liability, seeking to discharge the retiring partners (respondents 2 and 3). The trial court and High Court decree…

The Supreme Court examined two civil appeals concerning applications under Section 8 of the West Bengal Land Reforms Act, 1955 for enforcement of a statutory right of pre‑emption. The respondents claimed that the applications were barred by limitation, while the appellants argued that Section 5 of the Limitation Act, 1…

The Municipal Board of Rishikesh amended its bye‑law to prohibit the sale of eggs within the municipal limits, adding "eggs" to an existing ban on meat and fish. The appellants challenged the amendment, arguing that the board lacked authority because "eggs" were not listed in Section 298(2) List I Heading F of the U.P.…

The Supreme Court examined an appeal by the successors‑in‑interest of Chandy, who claimed that they held a lease of land on which a saw‑mill shed had been erected before 20 May 1967 and therefore were protected from eviction under Section 106 of the Kerala Land Reforms Act, 1963. The lower courts and the Kerala High Co…

The plaintiff, a container leasing company, sued the defendant for non‑return of 92 leased containers and for arrears of rent after the lease expired and was extended by one month. The Bombay High Court rejected a motion for a receiver but later directed the defendant to deposit Rs 82 lakhs as interim security for the …

Aristocrat Agencies, holders of distributor licences, obtained import permits for liquor and paid countervailing duty at the rate of Rs.45 per litre prevailing at the time of permit issuance. A notification dated 8 February 1991 raised the duty to Rs.70 per litre. The agencies imported liquor after the notification but…

The appellants, trained electricians employed by various contractors to maintain electricity at a government medical college and hospital in Chandigarh, sought regularisation of their services, arguing that the Engineering Department of the Chandigarh Administration exercised complete control over their work and was th…

The appellants, large industrial consumers, entered into standard supply agreements with the West Bengal State Electricity Board that imposed both minimum guaranteed charges and maximum demand charges. The agreements provided for remission of minimum charges when supply was interrupted, but were silent on remission of …

The respondents, International Trading Co. and others, held permits under the Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 to operate foreign deep‑sea fishing vessels in India's exclusive economic zone. Their permits were not renewed after the initial term, and the authorities gave no re…

The appellant, Mis. My Con Construction Ltd., challenged the constitutional validity of sub‑section 6 of Section 17 of the Karnataka Sales Tax Act, 1957 as amended by Act 5 of 1996 and its further amendment by Act 7 of 1997 which made the provision retrospective. It argued that the State lacked competence to levy sales…

Bibi Zubaida Khatun purchased the suit property in 1996 during the pendency of two cross‑suits (one for redemption of mortgage and another for specific performance) without obtaining leave of the court as required by Section 52 of the Transfer of Property Act. She filed three applications seeking her impleadment as a p…

The consumer purchased paddy seeds that failed to germinate, resulting in loss of crop. He sued the seller under the Consumer Protection Act, 1986, seeking a refund and compensation. The District Forum ordered both refund and damages; the Karnataka State Consumer Disputes Redressal Commission modified the order, granti…

The Karnataka High Court stayed the operation of an order of reference that had sent certain work‑men’s disputes to the Industrial Tribunal. While the stay was in force, the employer dismissed the work‑men for serious misconduct and the work‑men filed a complaint under Section 33A of the Industrial Disputes Act, 1947, …

The appellant, an elderly woman, was assaulted and had valuables stolen during a mob attack on a railway train. She claimed the Railway administration failed to provide protection, constituting deficiency in service, and filed a complaint before the Maharashtra State Consumer Commission, which awarded compensation. The…

The case concerned service‑inam lands that were originally attached to a hereditary village office. After the Mysore Village Offices Abolition Act, 1961, the lands were resumed and re‑granted to the plaintiff and his son, who later consented to a re‑grant in favour of his son (defendant No.3). Defendant No.3 sold part …

After the Uttar Pradesh Reorganisation Act, 2000 created the new State of Uttaranchal, the Uttar Pradesh Public Service Commission (UPPSC) had already selected candidates for 544 J.E. Civil/Technical posts and sent its recommendations to the Uttar Pradesh Government, which forwarded them to Uttaranchal. The Uttaranchal…

The appellant, a retired employee of Karnataka Agro Industries Corp., had been suspended in 1999, the suspension was later withdrawn, and he retired in 2000 without any order regularising his service or settling salary and allowances. He filed a writ petition seeking full salary for the suspension period, gratuity, cas…

The appellant corporation acquired agricultural land jointly held by a family for a hydro‑electric project under Section 4 of the Land Acquisition Act, 1894 and formulated a Resettlement and Rehabilitation Scheme for land‑less families. One brother obtained a land‑less certificate and was granted all benefits under the…

Iridium India Telecom Ltd. filed a suit for Rs. 1,000 crore on the Original Side of the Bombay High Court against Motorola Inc. The respondent sought an extension of time to file its written statement, which the High Court granted beyond the 90‑day period prescribed by Order VIII Rule 1 of the CPC. The appellant appeal…

The State of Gujarat challenged the validity of the proviso to Rule 81(2) of the Gujarat Land Revenue Rules, 1972 (as amended 1977), which imposed double land‑revenue rates on lands in urban agglomerations covered by the Urban Land (Ceiling and Regulation) Act, 1976, if the land was not put to the non‑agricultural use …

The case arose when a two‑judge bench of the Supreme Court, disagreeing with a prior three‑judge decision in Nityananda Kar v. State of Orissa, ordered that the matter be placed before a five‑judge bench. The petitioners challenged whether such a referral was permissible under the Constitution and Supreme Court Rules. …

The respondents, owners of 1,534.40 acres, claimed that their land was exempt from vesting under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The Forest Tribunal initially declared only 100 hectares as vested forest and dismissed the rest. The State later issued a notification demarcating 324 hectares…

Balwant Singh, a driver for Haryana Roadways, caused a fatal bus accident. Following a claim award of Rs.1,12,950 against the department, he was punished under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 with a four‑year pay reduction. He was later convicted in a criminal trial for offences…

Dr. Jugal Chandra Saikia was compulsorily retired on 11 April 1994 after a Screening Committee, comprising senior officials, recommended his retirement on grounds of alleged fraudulent transactions and doubtful integrity. He challenged the order through a writ petition, which was upheld by both a Single Judge and a Div…

The West Bengal Bar Association challenged the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, alleging that its provisions were ultra vires the Constitution because they ousted the High Court's jurisdiction under Articles 226 and 227. The Calcutta High Court struck down sections 6, 7 and 8 of the Act, holding…

The case concerned a dispute over whether a property in Kot Fatta, Bhatinda, was a Sikh Gurdwara and whether it belonged to the Shiromani Gurdwara Parbandhak Committee (SGPC) or to Mahant Sarna Ram, an Udasi. The Tribunal had treated petitions under Sections 8 and 10 of the Sikh Gurdwaras Act, 1925 as a composite filin…

The plaintiff filed a suit to recover possession of premises, alleging that the defendant had taken wrongful and forcible possession. The defendant claimed he was a tenant and produced rent receipts bearing the thumb impressions of the deceased landlady and the plaintiff's signature on the back. The plaintiff admitted …

India Organic Chemicals Ltd. imported a diesel engine set for Rs 8,50,740 and was assessed additional duty at 8 % ad valorem under Customs Tariff Item 68. The company claimed a refund, arguing that the set comprised a diesel engine and an alternator and that each component should be assessed separately for additional d…

The appellant filed a suit for damages alleging police torture, and the respondents failed to appear at the final hearing where a decree was passed ex parte. The respondents sought relief under Order IX Rule 13, arguing that the decree was an ex parte adjudication, while the appellant contended that the Explanation to …

The appellants, employed as supervisors in Railway Handicraft Centres, claimed they were railway employees and sought regularisation, pay‑scales and other benefits. The Central Administrative Tribunal held that they were not railway servants because their appointments were on a fixed remuneration and commission, not un…

The employee, a P.G. Assistant teacher, was repeatedly absent and failed to teach, leading the school management to terminate his services and seek prior approval under Section 22 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973. The competent authority (Chief Educational Officer) refused approval, f…

The father of the plaintiff entered into an agency‑cum‑licence deed with the defendant for the use of a shop as a showroom, with commission payable on tailoring and material sales. Possession of the shop remained with the plaintiffs, but the defendant later occupied it, stopped paying commission and destroyed evidence …

The respondents, employed as Library Assistants and Attendants at Utkal University, filed writ petitions seeking regularisation of their services and salary parity with regular university employees. The Orissa High Court rejected their regularisation claim but directed the university to pay them salary on par with simi…

The appellants were convicted for offences under Sections 148, 149 and 302 of the IPC based solely on the testimony of PW‑7, a cousin of the deceased and an interested witness. The Supreme Court held that the burden of proof lies on the prosecution and must be discharged beyond reasonable doubt. It found that PW‑7's ev…

The appellants' agricultural lands were acquired under a 1965 notification under Section 4 of the Land Acquisition Act, 1894 and an award of Rs 2,000 per bigha was made in 1969. They, together with other claimants, obtained a reference under Section 18 which raised the award to Rs 2,200, and the High Court later enhanc…

The Rajasthan Public Service Commission advertised 116 Munsif Magistrate posts with 59 reserved for the General category and the rest for OBC, SC and ST. Because of a shortfall of SC and ST candidates, the Rajasthan High Court directed the Commission to call 210 General‑category candidates for interview, treating the G…

The Uttar Pradesh Land Development Corporation appointed a panel of trainees as Assistant Project Managers for the World Bank‑funded "Million Wells Scheme" and paid them a stipend. When the scheme was discontinued, six of the trainees filed a writ petition seeking regularisation and pay‑scale upgrades. The Allahabad Hi…