SUJATA V MANOHAR

P.S. Ramamohana Rao, employed as Physical Director at Bapatla Agricultural College and later transferred to Andhra Pradesh Agricultural University, was ordered to retire at age 58. He challenged the order, contending that under Section 2(n) of the Andhra Pradesh Act 24 of 1963 a Physical Director is a "teacher" and the…

Calcutta Chromotype Ltd., a manufacturer of playing cards, sold its entire output to its sole distributor, M/s Ganga Saran & Sons Pvt. Ltd. Both companies had common directors and their shares were held by members of the Sharma family. The Assistant Collector of Central Excise treated the distributor as a "related pers…

The Supreme Court examined two appeals by the State Bank of India against Delhi High Court orders directing payment of pension and provident fund to former assistants A.N. Gupta and Gulati, who had retired on superannuation. The Bank argued that under Rule 11 of the Imperial Bank of India Pension Rules, pension could b…

M.D. Sharma, a clerk who rose to Assistant and Senior Assistant in the Punjab and Haryana High Court, qualified in the Subordinate Accounts Services examination and was promoted on an ad‑hoc basis to Superintendent Grade‑II and later to Superintendent Grade‑I in newly created posts. Both promotions were conditioned on …

The appellant, a landlady, leased premises to the respondent with permission to sub‑let. The respondent defaulted on rent from September 1990 and, despite notices and multiple proceedings, failed to pay any arrears. The Rent Controller and the Appellate Authority ordered eviction and directed the tenant to deposit the …

Gaurav Jain filed a public‑interest writ under Article 32 seeking separate educational institutions and other relief for children of prostitutes. A two‑judge Division Bench (Ramaswamy J and Wadhwa J) delivered differing judgments: Ramaswamy J ordered the establishment of a committee and measures to eradicate prostituti…

Oberoi Hotels (India) Pvt. Ltd. entered into a comprehensive agreement with a Nepalese hotel enterprise to provide technical, professional and other services for operating the hotel. The company sought approval of the agreement under Section 80‑0 of the Income‑Tax Act, 1961, but the Central Board of Direct Taxes (CBDT)…

Coca‑Cola Export Corp., a wholly‑owned non‑resident subsidiary of the Coca‑Cola Company, claimed deductions for pro‑rated home‑office expenses and service charges paid in US dollars. The Income‑Tax Officer (ITO) disallowed portions of these deductions and later issued notices under Section 148 of the Income‑Tax Act to …

The appellants sought compensation for land acquired by the State under the Land Acquisition Act, 1894. After a notification in 1973, the Collector awarded Rs 10,080 per acre in 1975, which was later enhanced by the District Judge and the High Court to Rs 24,000 per acre. The High Court also awarded solatium, interest …

The writ petitioners, traders in a market, claimed that the Krishi Utpadan Mandi Samiti was not providing any services and therefore could not charge a market fee. The Mandi Samiti counter‑claimed that it rendered several services such as electricity, water, sanitation, tents, and was planning further infrastructure, j…

The respondent, a Senior Prosecuting Officer, voluntarily retired on 12‑April‑1976 under Uttar Pradesh Fundamental Rule 56 and received pension and gratuity. In 1976 the Rule was amended by adding a proviso that allowed an additional five years of service to be counted for pension and gratuity for those who retired vol…

The appeal concerned the promotion of Headmasters/Headmistresses of Government High Schools and lecturers of Higher Secondary Schools to Class‑II (Gazetted) posts under the Himachal Pradesh Recruitment and Promotion Rules of 1980. The appellant argued that 234 Class‑II posts already occupied by Headmasters at the time …

Dayaram Dayal was appointed Civil Judge, Class II in Madhya Pradesh in 1985 with a two‑year probation that could be extended for a further two years, making a maximum probation of four years under Rule 24 of the M.P. Judicial Services Rules, 1955. After several adverse performance reports, suspensions and a full‑court …

The petitioner, a tele‑communications officer, was required to retire on 31 May 1991 upon attaining the age of superannuation but continued in service until 31 May 1994. The Government sought to recover salary and allowances paid to him for the period after his statutory retirement date, and the petitioner challenged t…

Coal India Ltd. introduced a resolution on 14 September 1996 allowing executive employees to either avail the Leave Travel Concession (LTC) or encash it without producing a travel certificate, effective from 1 January 1997. The petitioners contended that fixing this date was arbitrary and discriminatory, especially aga…

The respondent, a cashier‑cum‑clerk of Rae Bareli Kshetriya Gramin Bank, was charged with forging signatures and fraudulently withdrawing Rs 28,500. An ex‑parte inquiry found him guilty, a show‑cause notice was issued, and the disciplinary authority dismissed him; the dismissal was affirmed by the Board. The respondent…

The appellant, a compositor in a Government of India printing press, was charged under Section 409 of the IPC and suspended pending trial, receiving only a subsistence allowance. After being acquitted, he was reinstated but denied back wages, increments, and pension benefits that he claimed as consequential benefits. H…

The petitioners, appointed as Laboratory Attenders in the Karnataka Horticulture Department, claimed promotion to the post of Field Assistant by treating themselves as equivalent to Head Gardeners under the Karnataka Horticulture (Department) Recruitment Rules, 1974. The Karnataka Administrative Tribunal rejected the c…

The Food Corporation of India (FCI) purchased food grains from the State of Uttar Pradesh under levy orders issued pursuant to Section 3 of the Essential Commodities Act, 1955, and also distributed fertilizers under the Fertilizer (Control) Order, 1957. The State sought to levy purchase tax and a 5% surcharge on the FC…

Ishwar Prasad Arya, a practising advocate, was convicted under Section 307 of the Indian Penal Code for assaulting an opponent with a knife in a courtroom and sentenced to three years' rigorous imprisonment. The State Bar Council suspended him from practice for three years under Section 35 of the Advocates Act, 1961. H…

The appellant, a confirmed headmistress of a junior school, saw the school upgraded to a Higher Secondary School and applied for the post of principal. Although selected, her appointment was conditional on approval under the Uttar Pradesh Intermediate Education Act, 1921, and she was placed on probation. The competent …

The wife, Jasbir Kaur Sehg al, filed for divorce and, having no income, was supporting her eldest unmarried daughter. She applied for maintenance pendente lite under Section 24 of the Hindu Marriage Act, which the High Court had enhanced to Rs 1500 per month. The Supreme Court examined whether maintenance should also c…

The Punjab government advertised 2,461 teacher vacancies in 1992 but, during the selection process, 7,737 posts became vacant and were filled by candidates who had applied for the advertised posts. The High Court quashed the excess appointments, limiting selections to the advertised number, and the State later made ad‑…

The respondent, a Central Excise Superintendent, was found guilty of several charges in a departmental inquiry and, under Rule 9 of the Central Civil Services (Pension) Rules, 1972, had 50% of his pension and 50% of his gratuity withheld. The Central Administrative Tribunal held that Rule 9 did not permit withholding g…

The respondent, Amita Tiwari, was appointed on an ad‑hoc basis as a lecturer in Home Science at Patna Women's College despite not possessing the post‑graduate qualification in Home Science required by the university statutes, though she held an M.A. in Sociology, an allied subject. The Chancellor later issued orders di…

The State of Gujarat issued notifications under Section 16 of the Gujarat Industrial Development Act, 1962 declaring the Kaloi Industrial Area a notified area under the Gujarat Municipalities Act and simultaneously excluded it from Saij Gram Panchayat under the Gujarat Panchayat Act, 1961, along with a resolution alloc…

A coffee curing establishment, declared a seasonal industry, operated from September to June and was closed June to September. The workmen claimed gratuity at the rate of seven days' wages for two seasons in each calendar year, arguing that the accounting year (January‑December) split their service into two seasons. Th…

Sh. Narayan Yeshwant Gore, an employee of the National Sample Survey Organisation, was deputed to the Census Department from 1961 to 1974 and was promoted there as Assistant Director with the concurrence of the parent department and the UPSC. While on deputation his juniors in the parent department received ad‑hoc prom…

The appellant, a railway employee, was reverted from a deputed post and successfully challenged the reversion and later seniority fixation in his favour through the Kerala High Court and the Supreme Court. The Railways later contested the seniority order, but the High Court again upheld it. Direct recruits then approac…

Dr. S. Bialiar Singh, after serving ten years with the Government of Orissa and three years with the Government of Chandigarh, joined the Central Railway in December 1975 and voluntarily retired in April 1987 after 11 years, 2 months and 9 days of railway service. Although his prior government service and a five‑year w…

The appellant S. Suryanarayan Sahu, a senior draughtsman in CSIR, challenged the pay scales applied to senior draughtsmen, seeking the higher scale of Rs.425‑700 from 1974 and the Rs.550‑900 scale from 1974, alleging violation of the constitutional principle of equal pay for equal work. The Central Administrative Tribu…

The Hydro‑Electric Employees Union and other petitioners challenged the U.P. State Electricity Board’s decision to amalgamate the posts of Meter Readers, Sub‑Station Operators and Switch Board Attendants into a single cadre and the regulation framed under Section 79(c) of the Electricity Supply Act, 1948. The Board arg…

The appellants, senior officers of the Chief Controller of Imports and Exports, challenged a seniority list prepared on the basis of a 1987 Central Administrative Tribunal (CAT) judgment that affected their promotion prospects. After review petitions were rejected, they filed an application under Section 19 of the Admi…

The Union of India and the Director General of the Border Security Force sought to retire S.S. Ranade, a Commandant (Selection Grade), upon attaining 55 years of age. Ranade contended that his post was a higher rank than a regular Commandant under Rule 9 of the Border Security Force (Seniority, Promotion and Superannua…

Miss Sardar Construction Co. entered into a works contract with the State of Gujarat and an arbitration award was made before 1 January 1994, the date on which the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 came into force. The award had not become final when the Act became operative. The pe…

The State of Bihar, under the Bihar Excise Act, 1915, granted exclusive privilege for manufacturing and wholesale supply of country liquor in nine zones through a tender process. Unlike earlier practice of awarding a single contractor per zone, the 1995 tender allowed more than one contractor in each zone, and the lice…

The State of Rajasthan transferred research staff of its Directorate of Agriculture to the University of Udaipur (now Rajasthan Agricultural University) by an order dated 27‑12‑1975, protecting their existing pay and scale. Subsequent revisions of pay scales merged dearness allowance into basic pay for Government serva…

The case concerned promotion of clerks to Assistant/Senior Assistant in Punjab. The 1984 Rules required passing an examination for promotion, but a 1991 notification exempted clerks with 18 years of service from the exam under Rule 12. This created two groups – exemptees and qualifiers – leading to disputes over vacanc…

The respondent, originally an Assistant Director in a government organization, was deputed to Punjab National Bank (PNB) on 10 March 1970 and absorbed permanently on 10 March 1972. PNB's 1979 Officers Service Regulations stipulated that officers recruited before 19 July 1969 retire at 60, while those recruited on or af…

The appellant, K. Narendra, entered into a 1972 agreement to sell a 4,000 sq m plot to Riviera Apartments (P) Ltd for Rs 8,97,740, contingent on the buyer obtaining various governmental sanctions for a multi‑storey project. The buyer failed to secure the required approvals, part of the land was later declared excess un…

The Rajasthan Judicial Service Officers Association filed a writ petition seeking a higher dress allowance and a kit‑maintenance allowance for judicial officers, challenging the State’s notification of a Rs 1,500 allowance every three years. The Rajasthan High Court directed the State to pay a lump‑sum of Rs 8,500 and …

The assessee, a Hindu Undivided Family (HUF), was granted a development rebate under Sections 33 and 34 of the Income‑Tax Act for new machinery used in its business for assessment years 1960‑61 to 1965‑66. In 1967 a partial partition of the HUF allotted the machinery to two coparceners, who subsequently sold it to a th…

The Union of India appointed approximately 932 temporary class C and D staff for the 1981 census and later re‑engaged many of them on fixed‑term contracts for the 1991 census. After each census the temporary posts were abolished and the employees were retrenched, leading them to file writ petitions seeking regularisati…

The Karnataka Government had initially granted project staff free quarters, electricity and water, extending these amenities even to those posted at taluk headquarters. A later government order of 20 August 1987 sought to withdraw these amenities, initially claiming retrospective effect from 19 December 1985, which was…

The Ahmedabad Municipal Corporation regularly engaged Dr. V. K. Jayantibhai Patel on a daily fee basis to cover for its dental surgeons on leave. When permanent dental surgeon posts were advertised, Patel applied but was not selected, and he claimed permanent status based on 1,034 days of service, invoking an Industria…

The case concerned a bungalow and land in Sagar Cantonment that were recorded in the General Land Register as held on an "old grant" basis. The respondents purchased the property through four sale deeds, later amending the description from lease‑hold to old‑grant, and began construction without obtaining the required p…

W.T. Suren & Co. Ltd transferred its distribution unit to Rallis India Ltd, terminating the employment of the unit's staff. Employees were offered similar jobs with continuity of service; those who did not join received gratuity directly, while the assessee paid the gratuity due to those who joined to Rallis, which hel…

An accident on 27 May 1988 gave rise to a compensation claim under the Motor Vehicles Act, 1939, which was filed on 23 December 1988. The Motor Vehicles Act, 1988 came into force on 1 July 1989, repealing the 1939 Act, but the claim was finally decided on 29 June 1992, creating a right to appeal that was exercised on 2…

The appellant, a tenant, occupied the land on Tillers' Day (1‑April‑1957) when the landlord was a joint family. After a partition on 31‑March‑1958, the respondent obtained a share and applied for a Section 88C exemption certificate on 14‑April‑1959 without notifying the tenant. The respondent later sought possession un…

Smt. Udhwantia, a limited owner, gifted her estate to her grandson Ramdas Mahto, who later sold the property twice and it was eventually sold at a court‑ordered auction. Ram Deiya sued to recover the property, and the trial court and lower appellate courts decreed in her favour. After her death, her son Ram Das Mahto s…

Hari Ram Gupta retired in 1980, before the Uttar Pradesh Palika (Centralised) Service Retirement Benefits Rules, 1981 came into force. He filed a writ petition seeking a pension under the 1981 Rules, contending that Rule 3(2) and (3) gave the Rules retrospective effect and that the phrase "finally withdrawn" allowed hi…

The State of Rajasthan, under the Rajasthan Sales Tax Act, 1954, issued an incentive scheme in 1987 exempting new industrial units, including oil extraction and manufacturing, from sales tax. In 1990 the State withdrew this exemption for oil industries by a notification issued under both the Rajasthan Sales Tax Act and…

The Hajlirat Pir, Babujmal, Deosthan Public Trust (the respondent) applied for an exemption certificate under Section 88‑B of the Bombay Tenancy and Agricultural Lands Act, 1948 for certain lands occupied by the appellants as tenants. The Deputy Collector granted the certificate after finding the trust registered under…

The Joshi Ambashankar Family Trust, a charitable trust, sought High Court permission to sell a property after obtaining a modification order allowing sale with court approval and 3/4 trustee concurrence. While the trustees received an offer of Rs.9 lakh from a group of purchasers, the appellants (Gowrishankar and other…

The Government of Andhra Pradesh issued G.O. No. 304 (Nov. 20, 1979) to take over the Divisional Accountants cadre from the Accountant‑General’s administrative control and to create a separate state cadre, offering those officers the option to join the state service. Accountants of the Subordinate Accounts Service (SAS…

Bhupendra Singh purchased land from a tribal (Kisana) in 1958. The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, later restored that land to the tribal's heirs in 1976‑77. The Surplus Land Determination Tribunal, applying the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, treated the …

The appellants, who had been appointed as Lower Division Clerks (LDCs) in Safdarjung Hospital on an ad‑hoc basis, were later regularised under the Safdarjung Hospital (Class III Posts) Recruitment Rules, 1973. After several years of service, the Government, relying on a memo that the regularisation of ad‑hoc LDCs who h…

Banarsi Das filed a suit for permanent injunction claiming peaceful cultivation of land he alleged to have inherited, while the defendants asserted ownership and produced documentary evidence of a sale deed. The trial court dismissed the suit; the District Judge reversed that decision and decreed in favor of the plaint…

Hindustan Steelworks Construction Ltd, a government-owned company, extracted limestone from its own mines and used it in construction work for expanding the Bhilai steel plant, which manufactures iron and steel. The company challenged the levy of a cess under Section 3 of the Limestone and Dolomite Mines Labour Welfare…

The Supreme Court examined a lease granted by the Corporation of the City of Bangalore to the Karnataka Chalana Chitra Kalavidara Sangha, a society of film artists, for constructing a theatre and training school on land earmarked in the Comprehensive Development Plan for a public or semi‑public purpose. The petitioners…

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

O.R.G. Systems (appellant) supplied raw materials, specifications and designs to other firms which manufactured complete computers with etched‑in software and sold them to O.R.G. Systems. The computers, along with imported peripheral devices and systems software, were cleared by the manufacturers after payment of excis…

The Nizam of Hyderabad created a charitable trust in 1950, transferring government securities to trustees and directing that, during his lifetime, the trust defray his Haj expenses and those of his family, as well as fund religious offerings and charitable purposes. Upon his death in 1967, the Assistant Controller of E…

Gopabandhu Biswal, a former military officer appointed as Assistant Commandant in the Orissa Military Police, sought promotion to the Indian Police Service (IPS) and obtained a favorable order from the Central Administrative Tribunal (CAT) in 1991. The Union of India, the State of Orissa and other respondents challenge…

The appellant entered into a construction contract with the respondent that contained clauses making the decisions of the Executive Engineer and the Managing Director final and binding on the parties. Disputes arose over payments and work, and the appellant sought appointment of an arbitrator under Section 8 of the Arb…

The Central Government issued a 1983 communication granting special ad‑hoc incentives to public‑sector bank officers transferred to hardship postings in the North‑Eastern region. United Bank of India adopted these incentives for transferred (promotee) officers but excluded directly recruited officers posting there for …

The India Railway SAS Staff Association (appellants), comprising Section Officers and Travelling Inspectors of Accounts, were placed in the revised pay scale of Rs.2000-3200 following the Fourth Central Pay Commission but were not accorded Group ‘B’ status, unlike their counterparts in the CAG and CGDA. They contended …

M/s. Phool Chand Gupta, a dealer in oilseeds, claimed exemption under Section 6(2) of the Central Sales Tax Act for the sale of Mohwa seeds purchased in transit and sold to dealers outside Andhra Pradesh. The Deputy Commissioner withdrew the exemption because the dealer had not furnished Form C, a requirement under Rul…

The State of Orissa appealed against the High Court's order quashing the Commissioner of Sales Tax's revision of assessment orders for the assessment years 1969-70 and 1970-71 against Mis. Krishna Stores. The assessments had been reassessed under Sections 12(4) and 12(8) of the Orissa Sales Tax Act, and the firm’s appe…

The appellants' predecessors obtained an order under Section 8(3) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 deleting respondent No. 1’s name from the tenant list after a compromise in which he admitted he was not a tenant and purchased part of the land. No appeal was filed, so the order b…

The Government of Tamil Nadu issued G.O.Ms. No.145 (Revenue) on 29 January 1990 increasing the quota of Superintendents eligible for deputation as Tehsildars, a step contested by the Superintendents. The Tamil Nadu Administrative Tribunal set aside the order and directed the government to revise its policy and allocati…

The Supreme Court examined a petition for pre-emption filed under Section 8 of the West Bengal Land Reforms Act, 1959, concerning two sale deeds where the land purchased was described as a 'tank' (Matsyasheho Pushkarini) or 'doba'. The respondents claimed co‑sharer status to invoke pre‑emptive rights, but the trial and…

The Delhi Administration issued a Section 4(1) notification in 1980 for 50,000 bighas of land and a Section 6 declaration in 1985. Several writ petitions challenged the declaration; a Full Bench upheld it, but a Division Bench later quashed the Section 6 declaration on 18‑Nov‑1988. A subsequent writ petition (23‑Apr‑19…

The appellant, P. Venkatarama Reddy, had assigned three life‑insurance policies to his grandchildren during his lifetime but retained possession, continued to pay premiums and loans on them. The revenue treated the policies as part of the deceased’s general estate for estate‑duty purposes, while the appellant argued th…

World Tanker Carrier Corp (WTCC), a Liberian company, owned the vessel New World which collided on the high seas with the Cyprus‑registered vessel YA Mawlaya, resulting in deaths and damages. Various claimants filed suits in the United States, while SNP Shipping Services (an Indian company) and Kara Mara Shipping (Cypr…

M/s Shaan Finance (P) Ltd., a finance company, purchased new machinery and hired it out to manufacturers under hire agreements. The company claimed a 25% investment allowance under Section 32A of the Income Tax Act, 1961, but the Revenue rejected the claim. The Karnataka High Court allowed the claim, holding that the c…

The State Bank of India issued circulars in 1987 requiring any employee who wished to contest municipal council elections to give an undertaking to resign if elected. A clerk and the staff union challenged these circulars, alleging they altered the conditions of service and violated Section 9A of the Industrial Dispute…

A writ petition filed by MP Dinesh Trivedi and NGOs under Article 32 sought full disclosure of the Vohra Committee Report, its supporting annexures, and the names of officials implicated, and challenged the constitutionality of Section 5 of the Official Secrets Act, 1923. The Court held that the Report tabled in Parlia…

Capt. A.P. Bajpai, an army officer, was tried by a General Court‑Martial (GCM) for theft of government property and for absenting himself without leave. The GCM acquitted him on the theft charge but convicted him on the absent‑without‑leave charge, sentencing him to forfeit three years' service and a severe reprimand. …

The Delhi Development Authority (DDA) offered land to cooperative housing societies at a price of Rs 975/950 per sq m and required a Rs 5 lakh earnest money deposit. Before possession, DDA raised the premium to Rs 1,650.65 per sq m, which the High Court upheld as reasonable. The societies failed to pay the enhanced pre…

The Secunderabad Hyderabad Hotel Owners Association challenged the increase in trade licence fees for lodging houses, hotels and related establishments imposed by the Hyderabad Municipal Corporation under Section 622 of the Hyderabad Municipal Corporation Act, 1955, through orders dated 6 April 1981 and 25 July 1992. T…

V.C. Perumal, a directly recruited police officer, challenged the year his name was placed on the select list for promotion to the Indian Police Service, arguing it should have been in the 1977 list rather than the 1978 list. The Court examined Regulation 5 of the IPS (Appointment by Promotion) Regulations, 1955, which…

Utkal Commercial Corporation entered into a contract with Central Coal Fields Ltd to supply alumina ferric, which expired in August 1975. A dispute arose and the appellant served a notice on 12 September 1976 demanding the respondent concur in the appointment of an arbitrator under Section 8 of the Arbitration Act, 194…

The petitioners, a Bihar distillery licensed under the Bihar Excise Act to manufacture industrial alcohol (rectified spirit), challenged the State’s notice of cancellation of its licence, contending that licensing and control of such distilleries fall exclusively within the Union’s competence under the Industries (Regu…

The State of Uttar Pradesh appealed against a High Court order that exempted a parcel of land in village Para, Lucknow, from the ceiling provisions of the Urban Land (Ceiling & Regulations) Act, 1976 on the ground that it was agricultural land. The land was entered as agricultural in revenue records and shown as such i…

Ashok Kumar and Prem Kanwar, who were in a long‑standing extramarital relationship, plotted to murder Prem's husband Mahabir Singh so they could live together. They travelled to Delhi, booked adjacent rooms in Hotel Eagle, and Mahabir was later found dead in Prem's room, having been struck on the head with a stone. The…

Gangeshwar Ltd., a sugar mill in Uttar Pradesh, purchased 31 bighas of agricultural land in 1971 before the amendment to the U.P. Imposition of Ceiling on Land Holdings Act, 1960. After the amendment became effective in 1973, the mill sought exemption of the land from ceiling calculations by obtaining a certificate und…

The appellant, a senior general‑category employee, was passed over for promotion to the single post of Head of Section (Ceramics) in a government polytechnic, where a junior Scheduled Caste employee was appointed on the basis of a reservation roster. The Karnataka Administrative Tribunal upheld the appointment, holding…

Three candidates were directly recruited as Assistant Directors of Sericulture under the Andhra Pradesh Industries Service Rules. Their appointments were challenged by senior Inspectors of Sericulture on the ground that the required number of permanent posts did not exist, arguing that 'substantive vacancies' were not …

Bokaro Steel Ltd., a government‑owned corporation, was in the process of constructing its steel plant and had not yet commenced business. During the assessment years it received (i) rent for quarters provided to contractors’ workers, (ii) hire charges for plant and machinery supplied to contractors, (iii) interest on a…

The case concerned whether a retired government servant, receiving a modest pension, could be deemed "wholly dependent" on his son under Rule 2(d) of the M.P. Civil Services (Medical Attendance) Rules, 1958, thereby allowing the son to claim reimbursement of medical expenses incurred for the father's treatment outside …

Mangi Lal Sharma, a clerk in the Madhya Pradesh Irrigation Department, resigned after a denied transfer request and remained absent for over five years, leading the State to treat his service as terminated. He filed a suit under Section 34 of the Specific Relief Act for a declaration that he remained in service, and th…

The appellant, a landlord who was a minor when he applied under Section 31(1) of the Bombay Tenancy and Agricultural Lands Act, 1948 for possession of land for personal cultivation, had his application dismissed, making the tenant a deemed purchaser. Subsequent proceedings under Section 32‑G to determine the purchase p…

Balwinder Kaur married Hardeep Singh under Sikh rites and later filed a divorce petition on grounds of cruelty and desertion. The husband did not appear, and the District Judge granted an ex‑parte decree of divorce. The wife appealed to the High Court under Section 28 of the Hindu Marriage Act, alleging that her husban…

The case concerned officers of the Orissa State Police Service who were placed on the 1982 Select List for promotion to the Indian Police Service (IPS) but were not appointed and were omitted from the 1983 Select List. They challenged the 1983 list and the Central Administrative Tribunal (CAT) held that officers on the…

The Haryana Service Selection Board (SSB) received requisitions for 662 clerk vacancies but prepared a selection list of 5,373 candidates on 15‑Oct‑1989 and recommended 1,692 names in a random order, excluding many higher‑merit candidates. The Punjab & Haryana High Court in Sudesh Kumari’s case directed that the list w…

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

The Gujarat High Court set aside the acquisition of land in Surat for Larsen & Toubro Ltd.'s employee housing scheme, holding that the State had not complied with Rules 3 and 4 of the Land Acquisition (Companies) Rules, 1963 and that no notice under Section 9 of the Land Acquisition Act, 1894 had been served. The Supre…

The assessee was assessed for AY 1960-61 and later a sum of Rs 32,58,500 was identified as a loan advanced for a paper‑mill project. The Income‑Tax Officer reopened the assessment and treated the amount as business income. The assessee’s appeals before the Appellate Assistant Commissioner and the Income‑Tax Appellate T…

The appellants, trusts established for educational or public religious purposes, owned agricultural lands covered by Section 129(b) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958. Their tenants died, and the trusts sought eviction, arguing that the tenancies terminated on death because they we…

The Income Tax Appellate Tribunal (through its President) filed a contempt petition against the former Law Secretary, V.K. Agarwal, alleging that his letters demanding a report on alleged contradictory orders interfered with the Tribunal's judicial functions. The Tribunal had originally issued a single order signed by …

The dispute concerned the right of a respondent (Dadarao) to retain his status as a protected tenant under the Hyderabad Tenancy and Agricultural Lands Act, 1950, after the 1955 amendment introduced Section 37A. The appellant (Nivrutti) claimed that the amendment extinguished the respondent's rights because he was not …

The Supreme Court had earlier directed the State Government to set up a committee, including an Additional District Judge, to monitor the allotment of houses to weaker sections under a scheme exempted under section 21 of the Urban Land (Ceiling & Regulation) Act, 1976. The State filed an affidavit seeking to modify thi…

Madan Lal Kohli, a class‑III work‑charged employee of the Haryana State Minor Irrigation Tubewell Corporation, was retired at age 58 under Standing Order 16‑A. He challenged the retirement in a writ petition, arguing that work‑charged employees should retire at 60 like class‑IV employees. The Punjab & Haryana High Cour…

V.N. Enterprises supplied goods to the Chief General Manager, Telecom and others, raising bills of Rs 66,09,669.36, of which only part was paid. The appellants, a statutory authority, claimed a loss of Rs 43,16,400 due to high quotations and therefore withheld that amount. The Orissa High Court entertained a writ petit…

The respondents, teachers in aided non‑government colleges, sought to receive the revised University Grants Commission pay scales based on the State of Orissa's Resolution dated 6 October 1989, which covered all full‑time teachers in colleges covered or eligible under the direct‑payment scheme till 1 April 1989. A subs…

Hungerford Investment Trust Ltd., a Singapore‑registered non‑resident company owning 100% of the Indian firm Turner Morrison & Co., was deemed to have received dividends from the undistributed income of the Indian company under Section 23A of the pre‑1955 Income‑Tax Act, 1922. The Income‑Tax Officer issued notices unde…

The appellant, an Assistant Manager of Karnataka State Small Industries Development Corporation and President of its Employees' Welfare Association, wrote a letter to the Governor alleging mismanagement and issued a press statement criticizing a senior official. The corporation charged him under Rule 22 of its service …

The Supreme Court examined an appeal by Nikki seeking to increase compensation for 21.64 acres of land acquired in 1978 near Chandigarh for a brick kiln under the Land Acquisition Act, 1894. The land was initially compensated at Rs.21,000‑48,000 per acre, later enhanced to Rs.27,000 by the Additional District Judge and…

The appellant, Baletha Math, possessed 15.36 acres of land and was subject to ceiling proceedings under the Bihar Land Reforms (Fixation of Land Ceiling and Acquisition) Act, 1961. An order dated 15‑04‑1976 held the Math to be a separate entity, but after the amendment introducing Section 32‑A (effective 06‑04‑1981) al…

The Rajasthan Urban Improvement Act, 1959 was used to acquire land, and the Additional Collector fixed a market value. The claimants appealed for higher compensation, solatium and interest, while the State appealed the interest awarded. The District Court awarded compensation in 1983 and reduced interest, and the High …

The respondent filed a writ petition seeking an alternative site after his land was acquired for public purpose, arguing that he was the owner when the acquisition was finalized. The Single Judge had allowed the petition, but the Division Bench dismissed the appeal on limitation grounds, which the Supreme Court condone…

The State of Kerala appealed a Kerala High Court order that had granted statutory benefits under the Land Acquisition (Amendment) Act, 1984 to respondents whose land was acquired. The land was notified for acquisition in 1974, possession taken in 1977, and compensation enhanced by a subordinate judge in 1980. The High …

The appellant, Siya Ram, challenged his non‑selection for the post of Chief Personnel Inspector in the Indian Railways, alleging bias by a member of the Selection Board and contending that the selection based solely on a viva voce, with a high weightage, was arbitrary. The Central Administrative Tribunal had dismissed …

The appellant, widow of Bipin Kumar Rai, claimed family pension after her husband, who had been employed by Indian Railways first as a casual worker and later as a "substitute" from 27‑04‑1983 until his death on 05‑01‑1987, died. While the Railways paid the death gratuity, they denied the family pension, and the Centra…

The appellants were promoted on an ad‑hoc basis to Assistant Engineer in the Uttar Pradesh Public Works Department within the quota reserved for promotees and thereafter worked continuously in that post. Their promotions were later confirmed by the State Service Commission, and a seniority list was prepared granting th…

The petitioners, secondary school teachers in Karnataka who were originally allotted from the former State of Hyderabad, claimed that the pay‑scale disparity persisting from 1 January 1957 to 31 December 1969 violated Article 14 of the Constitution. The State had, based on the Justice Tukol Commission report, equalised…

The R.B. Shreeram Religious and Charitable Trust, a registered public trust, received voluntary contributions of Rs 4,55,000 during AY 1966‑67 and used the amount to repay a loan to a mining firm, rather than applying it solely to charitable or religious purposes. The Income‑Tax Officer added the contributions to the t…

The Port of Mumbai, acting as Board of Trustees, arrested the vessel M.V. Varuna belonging to Thakur Shipping Co. Ltd for non‑payment of anchorage and other port charges under Section 64 of the Major Port Trusts Act, 1963 and issued a notice of auction. The company was wound up in a company petition and the Official Li…

The Associate Banks Officers Association, representing officers of the State Bank of India’s subsidiary banks, filed a writ petition seeking parity in terminal benefits, medical benefits and extra increments with employees of the State Bank of India (SBI). SBI contended that, under Section 50(2) of the State Bank of In…

The Faridabad CT Scan Centre, a private diagnostic centre not attached to any hospital, sought exemption from customs duty on imported hospital equipment under Notification No. 64188 dated 1‑3‑1988. It argued that similar centres had been granted the exemption and that denial violated Article 14 of the Constitution. Th…

The Union of India and the States of West Bengal and Uttar Pradesh challenged provisions in the Cinematograph Act, 1952 and related state regulations that require cinema exhibitors to show short scientific, educational, documentary or news films and to pay a 1% rental fee to the Films Division. The exhibitors argued th…

The respondents were part‑time Village Officers in Andhra Pradesh whose posts were abolished by an Ordinance on 6 January 1984, later replaced by the Part‑time Village Officers Abolition Act, 1985 (sections 3 and 5). Prior to abolition they had contributed to a Family Benefit Scheme (G.O. No. 3420, 1 August 1980) and w…

The assessee, a shareholder of Kasthuri Estates Pvt. Ltd., received cash and property when the company reduced its share capital from Rs 1,000 to Rs 210 per share. Earlier advances to shareholders had been treated as deemed dividends under Section 2(22)(e) of the Income‑Tax Act. The Tribunal held that no capital gains …

Umapati Chaudhary, a lecturer of Kameshwar Singh Darbhanga Sanskrit University, was deputed to the Bihar Sanskrit Shiksha Board as Controller of Examinations with the consent of the University, the Board and the Government. The Board later sought his permanent absorption, which the University approved, and the State Go…

N.S. Giri, an Assistant Health Officer of Mangalore City Municipality, was governed by Rule 48 of the Karnataka Municipalities (Conditions of Service) Rules, 1972 which fixed the superannuation age at 55 years. An industrial dispute concerning whether the retirement age should be raised to 58 years was referred to arbi…

The ex‑Ruler of the former Holkar State sold two pieces of heirloom jewellery in the assessment year 1972‑73 and claimed that the proceeds were not taxable because the jewellery were "personal effects" within the meaning of Section 2(14) of the Income‑Tax Act, 1961. The Tribunal rejected this contention, but the Madhya…

The State of Andhra Pradesh enacted the Land Grabbing (Prohibition) Act, 1982 which creates a Special Court consisting of a Chairman (a High Court judge) and four other members (two former District Judges and two former District Collectors). Section 7 of the Act allows the Government to appoint all members, requiring c…

Transocean Shipping Agency (P) Ltd appealed against a Bombay High Court decree that enforced a foreign arbitral award made in Ukraine in favour of Black Sea Shipping Co. The dispute arose from a 1992 agency agreement containing an arbitration clause referring disputes to the country where the owners were registered. Af…

Syed Khadim Waris, an Executive Engineer, was compulsorily retired by Uttar Pradesh Jal Nigam at age 50 under Rule 56‑C of the Financial Handbook. The Allahabad High Court set aside the retirement, holding that an adverse service entry for 1983‑84, though communicated, could not be used while the employee's representat…

For the 1981 Census, posts of Computors were created and respondents 5‑37 were appointed ad hoc to those posts. After the census, the posts continued and the Registrar General, after consulting the Department of Personnel and Training, regularised the appointments on 12 March 1991, stating that their prior service woul…

Syed Yousuddin Ahmed, a Deputy Executive Engineer of the Andhra Pradesh Government, claimed that four incentive increments (personal pay) he received should be counted as part of his emoluments for pension calculation. The Andhra Pradesh Administrative Tribunal held that the incentive increments were part of his emolum…

The Supreme Court heard the appeal of M. Govindaraju, who sought a one‑seventh share in his father's joint Hindu family property. Govindaraju was born to Pappammal, who had earlier been married to Koala Gounder but left his house in 1942‑43 and thereafter lived with Munisami Gounder, the father of the appellant. The Hi…

In the 1995 Maharashtra Legislative Assembly elections, both the appellant Baburao and the first respondent Manikrao filed nominations from Nilanga constituency. The respondent's name appeared in the electoral rolls of both Nilanga and Latur constituencies. Baburao objected, claiming that this dual entry disqualified t…

UCO Bank had credited interest on loans whose repayment was doubtful to a suspense account and, following CBDT Circular No. F 201/21/84 TTA‑11 dated 9 Oct 1984, excluded that interest from its total income for AY 1981‑82. The Commissioner of Income Tax re‑included the amount, but the ITAT and the Calcutta High Court al…

The Supreme Court examined the interpretation of Section 11 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, which governs the discharge of liabilities and distribution of attached property of notified persons such as Harshad Mehta. It held that only taxes finally assessed for …

The respondent, Ashoke Kumar Banerjee, was a Junior Engineer in the CPWD. After completing 15 years of service, he was granted the Assistant Engineer pay scale on a personal basis under an Office Memorandum and his pay was fixed using FR 22(1)(a)(i). Later, when he was functionally promoted to Assistant Engineer, he so…

Sundaram Finance Ltd entered into a hire‑purchase agreement for two wind‑turbine generators with NEPC India Ltd, which contained an arbitration clause. After the respondent defaulted on payments, the appellant sought interim custody of the equipment under Section 9 of the Arbitration and Conciliation Act, 1996, and the…

The trustees of a public trust filed an execution application to enforce a scheme framed by the Charity Commissioner, seeking possession of Survey No. 14. The respondents claimed that the first respondent was a tenant of the land and therefore entitled to retain possession until an eviction order. The executing court r…

Madras Auto Service (P) Ltd. obtained a 39‑year lease on premises and, under the lease terms, demolished the existing structure and constructed a new building at its own cost, which legally belonged to the lessor. The company claimed the construction costs (Rs 1,62,835 and Rs 50,937) as deductible business expenditure …

Degla Suryanarayana, a middle‑management officer of Bank of India, was found fit for promotion in 1981 but the promotion was withheld due to pending criminal cases. After being acquitted, he sought promotion and was granted ad‑hoc promotion by the High Court, which also ordered a departmental enquiry for alleged miscon…

Students from non‑affiliated schools in Kerala were denied permission to sit for the Central Board of Secondary Education (CBSE) examinations. The Kerala High Court, first by a single judge and then by a division bench, issued interim orders allowing the students to appear and later directed that certificates be issued…

The appellants, manufacturers of rapid‑hardening white cement, challenged the classification of their product under the Central Excise Tariff. They argued that the cement should be placed in Entry 23(i) of the Central Excises & Salt Act (and later Sub‑heading 2502.20) as rapid‑hardening cement, rather than in the resid…

The Kerala State Electricity Board required Junior Engineers and, under a 50-50 split between promotion and direct recruitment, invited applications for 10% departmental and 40% open‑market posts. Because of urgency, the Kerala Public Service Commission first selected departmental candidates and issued a provisional ad…

P. Suseela Devi, appointed Assistant Grade‑II in the Kerala General Secretariat Service, was senior to respondents 2‑9 in the official seniority list. Promotion to Assistant Grade‑I is by seniority subject to fitness and requires completion of a two‑year probation. When vacancies arose, all were provisionally promoted …

The State of Orissa appealed an arbitral award that granted interest for the pre‑reference period of 31‑Mar‑1977 to 20‑Mar‑1980, a period that preceded the commencement of the Interest Act, 1978. The award was made on 12‑Oct‑1982, after the Act had come into force, raising the question whether the arbitrator could awar…

The case concerned C.B. Dhall, a former Imperial Bank of India employee who, after being promoted to Head Cashier in the State Bank of India (SBI), was extended in service beyond his normal retirement date and later faced disciplinary charges. While the enquiry was pending, the SBI’s Central Board withheld sanction for…

The respondents, Audit Officers on deputation, retired after 1 January 1986 but before the Office Memorandum of 14 April 1987 came into force. The Memorandum, issued to implement the Fourth Pay Commission recommendations, retrospectively redefined "emoluments" for pension calculation as basic pay excluding special pay …

The V.P. Temple appealed against an order of the Special Appellate Tribunal that dismissed its earlier appeal as time‑barred under Section 30(1) of the Tamil Nadu Minor Inams (Abolition and Conversion into Royatwari) Act, 1963. The Act permits a maximum of six months to file an appeal, but the temple filed after this p…

The Supreme Court examined a partition suit between two branches of a Hindu family concerning self‑acquired agricultural lands left by a father (A) who died intestate without grandsons. The issue was whether the lands passed to his three sons as joint Hindu family property (joint tenancy) or as tenants‑in‑common by inh…

The appellant I.K. Mishra, a senior auditor, was compulsorily retired under Rule 48(b) of the C.C.S. Pension Rules, 1972. He challenged the order alleging arbitrariness, that his passing of the S.A.S. Part II examination erased the effect of adverse entries in his confidential report, and that the order was mala fide d…

The appellant, S. Rajendra, a regular Assistant Superintendent of Jails, was promoted on an ad‑hoc basis to Deputy Superintendent when a single vacancy reserved for a Scheduled Caste (SC) candidate could not be filled because the only SC candidate, respondent No.3, had not yet completed the required three years of serv…

The Labour Law Practitioners' Association challenged a Maharashtra Government notification appointing two Assistant Commissioners of Labour as judges of Labour Courts, alleging violation of Article 234 of the Constitution. The Bombay High Court set aside the notification, holding that Labour Courts are courts and their…

The Supreme Court examined whether a landowner, whose possession was taken in 1965, was entitled to the additional amount under section 23(1‑A) of the Land Acquisition Act, 1894 as amended by Amendment Act 68 of 1984. The notification under section 4(1) was published in 1980 and the award was made in 1983. The State ar…

The State of Punjab acquired 56 acres of land for a grain market. The Land Acquisition Officer initially fixed the market value at Rs 24,000 per acre for the first 22 karmas (belting) and Rs 20,000 per acre for the rest. The Additional District Judge and later the Punjab & Haryana High Court enhanced the belting value …

The Supreme Court examined an appeal by V.M. Salgoacar & Bros Ltd challenging a higher compensation of Rs 50 per square metre awarded by a District Judge for land acquired under the Land Acquisition Act, 1894. The Collector had fixed compensation at Rs 5 per square metre, basing it on the company's purchase price, its …

Lokraj and others filed a civil suit for partition of lands listed in schedule B, seeking a one‑sixth share. The High Court held the lands to be Inam lands, and the division bench ruled the partition suit maintainable despite the lands having been abolished under the Andhra Pradesh (Telengana Area) Abolition of Inams A…

Construction India entered into works contracts with the Government of Orissa and, after the respondents failed to refer disputes to arbitration, the parties appointed Shri G.S. Patnaik, Chairman of the Orissa Arbitration Tribunal, as a sole arbitrator under Section 8 of the Arbitration Act, 1940. During the arbitratio…

The Appropriate Authority, exercising powers under Section 269‑UD of the Income Tax Act, 1961, concluded that a property in Bangalore was undervalued by more than 15% in an agreement of sale and ordered its compulsory purchase by the Central Government for the consideration stated in the agreement. A single judge of th…

The G.B. Pant University of Agriculture and Technology had two separate cadres – Research Assistants (B.Sc.) and Senior Research Assistants (M.Sc.) – with different pay scales. Research Assistants sought retrospective parity with Senior Research Assistants, claiming the same pay scales that were granted to research sta…

Karumanda Gounder appealed against a High Court order that upheld the sale of a parcel of land originally gifted by his brother Komaraswamy Gounder to a third party and then sold to Muthuswamy Gounder. Karumanda claimed the land was joint family property and that his brother, being a "mild lunatic," lacked capacity to …

The legal representatives of the deceased filed an execution petition that was granted by the District Munsif, directing delivery of possession of an undivided property to three decree‑holders. In the subsequent revision before the Madras High Court, only two of the three decree‑holders were impleaded, and the order in…

The appellant purchased a share of joint family property from his sister Neeru, who sold it by a registered deed on 22 January 1985. The brother, Anil Kumar, who was not a party to the sale, filed a suit for pre-emption under clause (ii) of Section 15(1)(b) of the Punjab Pre-emption Act, 1913. The trial court and the a…

The appellants, the widow and alleged son of a deceased partner, sought the accounts of an unregistered partnership firm that had dissolved upon the partner's death. They invoked Clause 16 of the partnership deed, which mandated referral of any dispute to named arbitrators, and filed a suit under Section 20 of the Arbi…

The respondent, a government employee who joined service in 1951, claimed that his date of birth recorded as 14 November 1933 was incorrect and sought correction to 15 July 1934 in 1991. The Andhra Pradesh Public Employees (Recording and Alteration of Date of Birth) Rules, 1984 required an application for correction wi…

Ayub Khan purchased a family property from Gopal Krishan Chawla, the Karta of a Hindu joint family, after obtaining a decree for specific performance. The Karta's children, including his daughters Meeka and Madhu, and the tenants of the property filed suits claiming pre-emption under the Punjab Pre-emption Act, 1913. T…

The Maharashtra State Electricity Board issued a tender for large‑diameter piping for a power project and received bids from Raunaq International Ltd. and IVR Construction Ltd. The Board, after a technical assessment, relaxed the qualifying criteria and awarded the contract to Raunaq, whose bid was lower, despite both …

The appellant, a public deity, sought settlement of land vested in the State under the Orissa Estate Abolition Act, 1952, following notifications of 1968 and 1974. Private respondents objected, claiming occupancy rights, but the Estate Abolition Collector rejected their objections and settled the land with the deity. T…

The Union of India appealed against a Central Administrative Tribunal (CAT) order that had held Dhobis employed at the National Defence Academy (NDA) were civil servants because their salaries were drawn from the Regimental Fund, which the Tribunal said was linked to the Consolidated Fund of India. The petitioners argu…

The Deputy Commissioner of Andaman & Nicobar Islands challenged the refund of excise duty paid by licensees of Indian-made foreign liquor, arguing that the 1984 Amendment Regulation, particularly Section 31A and the non obstante clause in Section 6, validly imposed a special duty retrospectively. The Calcutta High Cour…

The respondent, an Assistant Manager of Orissa Small Industries Corporation Ltd., was terminated, reinstated by the High Court and given a notional promotion to Joint Manager. When a vacancy for Manager arose, the Departmental Promotion Committee considered his candidature but found him unsuitable, promoting two junior…

The Allahabad High Court held that Government Advocates and Standing Counsel could not represent State officials in contempt of court proceedings and that any litigation costs must be borne personally by the officials. The State appealed, arguing that it could authorize its law officers to appear for officials in such …

The Steel Authority of India Ltd (SAIL) operates a fleet of buses to transport its employees and had been paying tax under Item 3 of the Orissa Motor Vehicles Taxation Act, 1975, as goods carriers. In December 1990 the State of Orissa re‑classified the vehicles under Item 4, which imposes a higher rate for vehicles use…

The Rani Laxmibai Kshetriya Gramin Bank advertised 35 Probationary Officer and 35 Field Supervisor posts in 1983, selected candidates including the respondents, but later appointed fewer officers despite increasing the advertised vacancies. The panel of successful candidates was to remain valid for one year under Gover…

The respondents, M.M. Khambhatwala, manufactured certain excisable goods in their factory and claimed exemption under Notification 80/80-CE. They also obtained agarbatti, amla podi and dhup from household ladies who worked outside the factory without power, for which the respondents paid piece‑rate wages. The revenue a…

Shri Chamba Singh, a police officer who had served since 1961, was ordered to retire prematurely on public interest grounds under Rule 3(i)(a) of the Punjab Civil Services (Premature Retirement) Rules, 1975. He had earlier been punished under the Punjab Police Rules, 1934, with forfeiture of three years (later reduced …

The Union Public Service Commission (UPSC) advertised three Assistant Professor of Medicine posts requiring a minimum of three years teaching experience. Out of 37 applications, UPSC shortlisted 20 candidates for interview by applying a higher criterion of at least four years’ experience, as permitted by a note in the …

The Union of India leased a site in a reserved forest in the Union Territory of Daman to Kamath Holiday Resorts for a snack bar and restaurant. The Conservator of Forests objected, invoking Section 2 of the Forest (Conservation) Act, 1980, which restricts de‑reservation or non‑forest use of forest land without prior Ce…

The dispute involved Bhoomidari rights over 38.25 acres in a village undergoing consolidation under the U.P. Consolidation of Holdings Act, where the Gaon Sabha objected to the appellants' entries in revenue records. The Consolidation Officer ordered expunction of the appellants' names, and the Settlement Officer reman…

Major A. Hussain, a serving army officer, was charged with loss of classified documents and was tried before a General Court Martial (GCM). He was provided copies of relevant documents, an advance to engage a civilian defence counsel, and several defending officers were offered, which he declined. The GCM found him gui…

The appellant, Mahesh Kumar Mudgil, was appointed to a temporary Officer on Special Duty (Special Component Plan) post created in 1980 under the Harijan & Social Welfare Department with the Finance Department's concurrence. The post was extended several times but was abolished in May 1984 by an office memorandum of the…

The Supreme Court considered an appeal by the heirs of Veerappa challenging a partition order that gave the widow of Ramshetti a share in the joint family agricultural land. The issue was whether the Hindu Women's Right to Property Act, 1937, as applied in the erstwhile State of Hyderabad, covered agricultural land, an…

The Puri Municipal Council imposed octroi tax on marine fish and prawns found in the possession of non‑fishermen within the municipal limits without payment of the entry tax. Indian Tobacco Co. Ltd. challenged the levy, and the Orissa High Court dismissed the municipality's claim. On appeal, the Supreme Court examined …

A cooperative society discovered that its cashier‑cum‑member had misappropriated large sums of money after his death. The society initiated arbitration under Sections 55 and 56 of the Punjab Co‑operative Societies Act, 1961, and an award was made against the deceased's heirs and legal representatives for the principal,…

Dr. (Miss) Alette Grace Bell, the Medical Superintendent of Duncan Hospital in Bihar, was served a notice by the Drug Controller requiring a licence to manufacture and distribute an IV solution for patients, invoking Section 18(c) of the Drugs and Cosmetics Act, 1940. The High Court held that the hospital needed such a…

The appellant, a police constable appointed in the former State of PEPSU in 1949, was allotted to Punjab after PEPSU merged with Punjab on 1 November 1956. PEPSU regulations prescribed a retirement age of 60 years for Class‑IV employees, whereas Punjab prescribed 58 years. The Superintendent of Police retired the appel…

The Supreme Court considered appeals by candidates who challenged the Rajasthan service rules fixing the cut‑off date for determining the maximum age of applicants as 1st January of the year following the application. The petitioners argued that the cut‑off should be the last date for receipt of applications and that t…

In 1989 the Governor of Bihar promulgated Ordinance 32 to take over 429 private Sanskrit schools, vesting their assets in the State and converting the teachers into government servants. The Ordinance was repeatedly re‑promulgated until 1992 without ever being placed before the legislature. The teachers filed writ petit…

The State of Haryana appealed against orders of the Punjab and Haryana High Court that had granted regularisation and equal‑pay relief to a group of casual water‑pump operators led by Dharampal. The workers claimed that, on the principle of equal pay for equal work, they were entitled to be regularised and to receive p…

The Patna Regional Development Authority (PRDA) invited tenders for a high‑rise building and received three bids, the lowest being from Rashtriya Pariyojana Nirman Nigam (RPNN), which had been black‑listed for five years by the State Water Resources Department. The PRDA’s Tender Committee rejected RPNN’s bid on the gro…

The respondent, an Assistant Town Planner, was charged under the 1963 Andhra Pradesh Civil Services (CCA) Rules for alleged involvement in unauthorized constructions, based on a 1987 anti‑corruption report. No substantive inquiry was conducted despite the appointment of several inquiry officers, and the charge memo rem…

M/s Kajaria Exports Ltd. and others imported 5,000 metric tonnes of white cement and sought clearance under the Open General Licence provision of Appendix 6 List 8 Part III Item 33 of the 1984-85 Import and Export Policy. The authorities denied clearance, issuing a show‑cause notice that white cement was a canalised it…

The petition filed by Indian Oil Corporation Ltd. challenged a Full Bench judgment of the Madhya Pradesh High Court that had overruled a Division Bench decision on the construction of Section 138(b) of the Madhya Pradesh Municipal Corporation Act, 1956, which contains a non‑obstante clause. The Supreme Court examined w…

Utkal University advertised a Reader position in Oriya and formed a selection committee that recommended Dr. Surendranath Dash, who was appointed. Unsuccessful candidate Dr. Nrusingha Charan Sarangi filed a writ challenging the selection on three grounds: the D.Litt degree he obtained after the application deadline was…

The petitioner, a practising advocate belonging to a Scheduled Caste, applied for an Additional District & Sessions Judge vacancy in 1985, which was reserved for a Scheduled Tribe (ST) candidate. No suitable ST candidate was available, and the vacancy remained unfilled while three Scheduled Caste candidates were select…

The appellant, Chemical and Fibres of India Ltd., manufactured nylon yarn and, in the process, produced polymer chips (Nylon 6 chips) from caprolactam monomer. The issue was whether these polymer chips fell within Item 15A of Schedule I to the Central Excise and Salt Act, 1944, as it stood between 1962‑1972 – first as …

The case involved a family settlement deed that prohibited alienation of the ancestral property during the lifetime of the patriarch, Janak Singh. After his death, a suit for partition was filed and the trial court passed a preliminary decree and subsequently an order restraining all parties from alienating any part of…