TARUN CHATTERJEE

Mahant Ram Khilawan Das, a temple manager, claimed title to a temple and adjoining agricultural lands bequeathed by his guru and filed a suit for declaration of title and permanent injunction against the State of Madhya Pradesh. The trial court dismissed the suit, but the Additional District Judge allowed it; the State…

The appellant, Sita Ram Gupta, had executed a guarantee with Punjab National Bank for loans advanced to certain borrowers. The guarantee expressly stated it was a "continuing guarantee" that would remain in force for all subsequent transactions, irrespective of the account status. Gupta later sent a letter revoking the…

Venture Global Engineering (VGE) and Satyam Computer Services Ltd. (SCSL) entered into a joint venture and shareholders agreement that provided for arbitration of disputes. A dispute arose and SCSL obtained an award from the London Court of International Arbitration directing VGE to transfer its shares in the joint ven…

The respondent, a daily‑wage watchman employed by the Director, Fisheries Terminal Division, was terminated without notice. He claimed reinstatement and back wages before the Labour Court, which ordered reinstatement with 20% back wages; the High Court affirmed. The employer appealed, contending that the fisheries depa…

The petitioners, Som Datt Builders Ltd. and others, challenged the Central Government's notification declaring "ordinary earth" used for filling and levelling as a "minor mineral" under Section 3(e) of the Mines and Minerals (Development and Regulation) Act, 1957, and the subsequent fixing of royalty at Rs.4 per cubic …

The appellant, a partner in a construction firm, entered into arbitration with the respondents over a partnership dispute, resulting in two awards dated 19 April 1997 and 25 November 2000. The appellant sought adjustment of the cross‑award under Order XXI Rules 18 and 19 of the CPC, arguing that the awards could be tre…

The respondent filed an eviction suit against the appellant for non‑payment of rent on premises at 18 Kanpur Road, alleging a landlord‑tenant relationship. The appellant contended that the premises were occupied under a family settlement dated 23 August 1993, which allotted the property to the respondent’s husband and …

The Steel Authority of India Ltd. (SAIL) appealed a 1993 arbitration award that granted damages to Gupta Brother Steel Tubes Ltd. for alleged breaches of a supply scheme. SAIL contended that the arbitrator exceeded his jurisdiction by applying Clause 7.2, which provides for liquidated damages, to a refusal to supply, a…

The Supreme Court examined the constitutional validity of the Uttar Pradesh Amendment and Validation Act, 1991, which retrospectively validated land acquisition proceedings that had issued simultaneous notifications under Sections 4(1) and 6(2) of the Land Acquisition Act, 1894. The petitioners argued that the Act atte…

In a suit for dissolution of a partnership, the defendants filed a written statement on 17 June 1987 with a counter‑claim of Rs.52 lakhs. Thirteen and a half years later, in 2000, they sought to amend the written statement and increase the claim to Rs.8.53 crore, alleging daily losses of Rs.20,000 since the original fi…

The Supreme Court considered appeals arising from a suit concerning the administration of the Lilavati Kirtilal Mehta Medical Trust under the Bombay Public Trust Act, 1950. The trial court had struck out portions of the written statements of defendants 11‑13 and parts of the plaintiff's affidavit, and had refused an am…

The original tenant Ramalingam's protected tenancy was terminated under Section 44 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, and the land was restored to the owner Dilawar Ali Khan in 1967. After Ramalingam's death in 1973, his heirs—including Man Mohan, who claimed to be an adopt…

The appellant, a tanker driver, lost his right leg up to the knee in a road accident and claimed compensation under the Workmen's Compensation Act, seeking Rs.5 lakh. The Commissioner determined his monthly earnings at Rs.2,000 and held that the loss of the leg resulted in 100% loss of earning capacity as a driver, awa…

The respondent was appointed as a probationary constable in the Railway Protection Force in 1993 and filled an attestation form stating he had no criminal cases. Verification later revealed pending FIRs under Sections 376 and 417 of the IPC, which the respondent had omitted. The Chief Security Officer terminated his se…

D.M. Premkumari, a member of the Telugu Shetty community, was appointed as a primary school teacher in 1994 under the Group B reservation category as per the Karnataka Government's 1986 classification order. Later verification revealed that her caste, Telugu Balija, had been re‑classified to Group D, making her ineligi…

The appellant, headmaster of Sambhunagar High School, was accused of opening a bank account with his servant and misappropriating Rs.6 lakh, leading to a complaint and FIR under several IPC sections. He applied for anticipatory bail under Section 438 of the CrPC, which the Sessions Judge granted with conditions. The co…

The Supreme Court examined whether a tenant who tendered rent by money order, which the landlord refused to accept, was required to deposit the rent with the Rent Controller under Section 27 of the Delhi Rent Control Act, 1958. The Court held that the word "may" in Section 27 is to be read as mandatory, i.e., the tenan…

The appellants, landowners whose property was acquired under the Land Acquisition Act, 1894, challenged the High Court's restriction of their compensation to Rs.23 per square foot despite its finding that the market value was at least Rs.32.10 per square foot. The High Court had limited the award on the ground that the…

The members of the West Bengal Registration Copywriters' Association were licensed under the West Bengal Registration (Copywriters) Rules, 1982/1999 to prepare true copies of documents for registration. They sought to be absorbed as regular Lower Division Clerks (LDCs) on the basis of parity with the earlier absorbed "…

Ramanuj Pandey, a Head Constable of the Madhya Pradesh Police, apprehended Laxmi Narain, a dam operator, and lodged a complaint under Section 13 of the Lunacy Act alleging insanity. Laxmi Narain's son filed a complaint, leading to a departmental inquiry that found Pandey guilty of detaining a public servant without cau…

Abdul Rasool Chowdhury, a caretaker in the Forest Department, was charged in 1987 with gross financial irregularities and was suspended pending a departmental enquiry. The enquiry was not completed before his superannuation on 31 March 1995. He approached the West Bengal Administrative Tribunal seeking dismissal of the…

The respondent's Mahindra Scorpio was stolen shortly after purchase and he filed a claim under a comprehensive motor insurance policy. The insurer rejected the claim, alleging that the vehicle was being used as a taxi, which violated the policy's terms for private use. The District Consumer Disputes Redressal Forum uph…

Dr. P. Venugopal, then Director of AIIMS, challenged a proviso added by the All India Institute of Medical Sciences (Amendment) Act, 2007 which terminated his five‑year tenure prematurely and offered only three months' compensation. The Supreme Court examined whether the proviso, which applied only to the incumbent Dir…

The Haryana State Agricultural Marketing Board conducted an open auction of shop and booth plots under the Punjab Agricultural Produce Markets Act, 1961, but did not disclose the reserve price in the public notice. The respondents were declared highest bidders, deposited 25% of the bid amount, yet the Chief Administrat…

The tenants (Pinninti Kistamma and others) claimed tenancy rights over 19.80 acres of land and obtained a permanent injunction against the landlords (Duwada Parsuram Chowdary and others). The landlords filed cross‑suits for a larger 181.90 acres and challenged the Tehsildar's order that declared the tenants as cultivat…

The State of Rajasthan terminated a construction contract and the contractor, M/s Nav Bharat Construction Co., sought arbitration of several claims. After an initial umpire award was set aside, a new umpire was appointed and his award was filed in the Supreme Court. The State applied to make the award a rule of court w…

The case concerned the direct recruitment of Sub Inspectors and Platoon Commanders in Uttar Pradesh, where a certain percentage of posts were reserved for women, outstanding sportspersons, and backward classes with accompanying fee and age relaxations. Unsuccessful candidates challenged the selection, arguing that age …

Kalyanpur Cement Ltd., a sick industrial unit, sought a five‑year sales‑tax exemption under Bihar's Industrial Policy, 1995, as a condition for a financial restructuring package. The State repeatedly assured the company that a notification would be issued, but later withdrew the promise and issued orders on 6 January 2…

Sify Ltd., a network services provider, filed a summary suit under Order 37 Rule 2 of the CPC to recover unpaid dues from First Flight Couriers Ltd. The respondent sought unconditional leave to defend, but the Single Judge of the Bombay High Court granted conditional leave, requiring a deposit of Rs 15 lakh, which the …

The dispute concerned an 18‑acre agricultural plot in Gadag taluka, claimed by two families who had jointly cultivated it before the Karnataka Land Reforms Act, 1961 came into force. Both families filed Form No. 7 for occupancy rights, and the Land Tribunal held that the land was jointly cultivated and entitled both pa…

The Supreme Court examined whether V. Venkatesan, a former employee of Metropolitan Transport Corporation who was terminated in 1996 and later reinstated in 2004, was entitled to full back wages under Section 33C(2) of the Industrial Disputes Act despite having been enrolled and practicing as an advocate from December …

Himadri Chemicals Industries Ltd entered into a contract with Coal Tar Refining Co. for supply of extra‑hard pitch coal, with payment to be made by an irrevocable Letter of Credit (LC) opened by the appellant. The appellant’s bank found discrepancies in the documents and, after the appellant waived them, the parties ag…

The Oriental Insurance Company advertised five Assistant Administrative Officer vacancies on 30 October 2003, reserving one for Scheduled Tribes (ST) but allowing exchange of reservations between Scheduled Castes (SC) and ST where no eligible candidate existed. Sonia, an SC employee, applied, underwent training, sat th…

The Central Bank of India had advanced a loan to Siriguppa Sugars & Chemicals Ltd. secured by a pledge of the company's sugar stock. The company defaulted, and the Recovery Authority seized the pledged sugar without the bank's consent, leading to its sale. The High Court, pending a writ appeal, ordered that portions of…

The landlord filed a petition for fixation of fair rent and the tenant filed a counter‑statement. After the trial began, the tenant sought permission to file an additional written statement raising a new plea about the extent of his lease. The Rent Controller and the Appellate Tribunal allowed the amendment, but the Hi…

The appellant, Mis. Associated Construction, entered into a construction contract with the respondent, Pawanhans Helicopters, which required completion within four months. Delays caused by the respondent led the appellant to issue a "No Dues Certificate" under alleged economic duress and later claim price escalation un…

S.P. Singh, an Indian Revenue Service officer, applied for voluntary retirement effective 1 September 2005. While his retirement was pending, a suspension order dated 30 August 2005 was issued but was first dispatched to Nagpur, an address where Singh was not residing; he was actually in Noida. The order reached him on…

P.B. Krishnankutty Nair, a former employee covered under the Employees State Insurance (ESI) scheme, suffered an accident on 15 June 1990 and claimed disability benefit. He had ceased to be an employee on 1 October 1989 because his salary exceeded the cut‑off wage, but his contribution period as an insured person conti…

The appellants and respondents entered into a written compromise on 26 October 1972 concerning the division of land shares. On 21 August 1990 the appellants filed a suit for declaration of ownership and correction of revenue records, alleging that the respondents refused to acknowledge their claim and that a wrong entr…

Ashok Kumar Sharma, a loader employed by Oberoi Flight Services since 1980, was dismissed in 1986 after being caught with 30 soup spoons in his shoe and allegedly admitting guilt. The dismissal was effected without any enquiry, charge‑sheet or show‑cause notice. The Labour Court held the dismissal contrary to law but a…

Satwati Deswal, a lecturer promoted to principal in a Haryana school, was terminated by the school manager without any show‑cause notice, disciplinary inquiry, or opportunity of hearing. She challenged the termination by filing a writ petition, which the Punjab & Haryana High Court dismissed on the ground that she had …

The appellants, who were contract labourers employed by contractors of the Board of Trustees for the Port of Calcutta (CPT), sought a mandamus directing CPT to implement a Central Government notification that prohibited the use of contract labour for sleeper renewal, repair and laying of railway tracks within the port.…

ECE Industries Ltd., the plaintiff‑appellant, entered into a Development Agreement with S.P. Real Estate Developers for the construction of 1,800 apartments on a land parcel in Hyderabad. The respondents allegedly breached the agreement but proceeded with substantial construction, investing crores of rupees, and later …

The appellants Angana and others were convicted under IPC s.326 read with s.34 and sentenced to four years' rigorous imprisonment. They had been on bail during the trial, and most co‑accused were acquitted. While their appeal was pending before the High Court, they filed an application under Section 389 of the CrPC see…

The appellant Zindar Ali SK, aided by a juvenile accomplice, was charged with rape (IPC s.376), cheating (IPC s.417) and criminal conspiracy (IPC s.120‑B) after forcibly raping the prosecutrix Chandmoni Khatoon, who had refused his marriage proposal. The prosecutrix reported the incident to her family; a village meetin…

The appellants, manufacturers of banana chips, had been using the trade mark "A-ONE" since 1986 and applied for its registration in 1999, which remained pending. The respondent filed a parallel application for registration of the same mark in 2000 and later sued the appellants for passing off. The appellants responded …

The respondents filed a statement under Section 85(A) of the Kerala Land Reforms Act claiming they held land within the ceiling limit, but the State Land Board later found they exceeded it and directed the Taluk Land Board to reopen the case under Section 85(9). The Board initially held the respondents were not liable …

The appellant, Bhankra Byas Managing Board, appealed against an interim order of the Punjab & Haryana High Court that, upon admitting a second appeal, directed it to grant a compassionate appointment to respondent No.1, who claimed to be the adopted son and legal heir of a deceased employee. The Supreme Court held that…

The High Court, in a rent‑control suit, passed a conditional decree directing the tenant to deposit Rs 10,000 in the trial court within four months, failing which the tenant would be evicted under Section 12(1) of the Rent Control Act. The tenant did not make the deposit and applied for an extension of time, prompting …

The appellant and respondents, siblings of a deceased father who was also a joint family manager, were parties to a partition suit concerning family property. While the suit was pending, the father executed a registered will bequeathing his one‑fourth share to the respondent, and subsequently died. The trial court, aft…

In an eviction proceeding under Section 13 of the East Punjab Rent Restrictions Act, the tenant (appellant) filed a written statement and later sought to amend it under Order 6 Rule 17 of the CPC to correct inadvertent misstatements. The Rent Controller rejected the amendment, holding that it would allow the tenant to …

The case concerned a 2‑acre land granted by the Government of Karnataka to a Scheduled Caste grantee with a condition that it not be alienated for fifteen years. After the restriction period, an agreement to sell was executed on 5 July 1976, but the sale deed was executed and registered on 13 October 1986, after the Ka…

The parties entered into a construction contract with an arbitration clause. After several arbitrators were appointed and the proceedings stalled, the High Court fixed a six‑month deadline for a newly appointed arbitrator to render an award, which was later extended by mutual consent of the parties to 30 September 2005…

The State of Karnataka appealed a High Court order that directed it to deposit a decretal amount within three months and, in case of default, pay interest at 15% per annum from the date of the order (15 November 1996) until the amount was actually tendered. The State argued that a 15% rate was excessive and sought a lo…

The original plaintiff, allotted an A‑schedule building under a 1948 settlement deed, used a B‑schedule pathway that lay within the Ashramam’s property to access his building. After the defendants attempted to block the pathway, the plaintiff filed a suit for declaration of an easement (by grant or necessity) and a per…

The father of two minor Muslim children (a 13‑year‑old girl and a 5‑year‑old boy) sought guardianship and interim custody after the mother’s death and his subsequent remarriage. The children’s maternal grandfather, aunt and uncles applied under Sections 7, 9 and 17 of the Guardian and Wards Act, 1890 for appointment as…

SnehaDeep Structures Private Ltd., a small‑scale industrial undertaking, obtained an arbitral award for interest on delayed payment from Maharashtra Small Scale Industries Development Corporation Ltd. The corporation filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the aw…

The case involved the legal representatives of a deceased plaintiff (appellants) and the legal representatives of a deceased defendant (respondents) in a dispute over a partnership formed to construct a cinema theatre. The partnership deed contained a clause stating that death of a partner would not dissolve the firm, …

The dispute concerned a shop in Kishangarh where an eviction suit was filed against the tenant, late Santok Singh, and his firm. Santok Singh died during the pendency of a second appeal, and his two sons applied to be substituted as his legal representatives under Order 22 Rule 3 of the CPC, invoking section 3(vii) of …

The appellant, Mahesh Dattatray Thirthkar, owned land acquired by the State of Maharashtra for a medium project. The Land Acquisition Officer initially awarded Rs.40,226 as compensation, which the Reference Court enhanced to Rs.83,000. The State appealed, and the High Court reduced the award back to Rs.40,226, finding …

Nirlex Spares Pvt. Ltd., a small‑scale manufacturer of steel heads, printed a hexagonal artistic design on its corrugated boxes alongside its own brand names. The tax authorities held that the design was a monogram belonging to its marketing agent, L.M.S. Marketing Co., and therefore denied the exemption under Notifica…

The contractor, Ravindra Kumar Gupta & Co., completed civil works for the Union of India and later claimed losses due to delays and hold‑ups. An arbitrator under the Arbitration Act, 1940 examined the evidence and awarded relief, finding that the Union was at fault for delayed payments and other defaults. The Union cha…

The respondent, an accountant employed by M/s Reetu Marbles, was terminated on 11 June 1987. The Labour Court held the termination illegal, ordered reinstatement but denied any back wages, noting the respondent failed to prove he was unemployed during the 15‑year gap before the award. The Allahabad High Court modified …

The appellants, successors of protected tenants, sought ownership certificates under Section 38‑E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, which were challenged by the respondents who claimed purchase of the land from the original landlord. The Revenue Divisional Officer and the …

The appeal concerned the validity of a Will (Ext.83) and a Gift Deed (Ext.82) executed by the deceased Chathu in favour of his son K. Laxmanan. The appellant was required to prove the genuineness and execution of both documents under Sections 68 and 69 of the Indian Evidence Act, 1872. Because one attesting witness to …

The Supreme Court examined an appeal by the Deputy Commissioner of Income Tax challenging a Special Court order that scaled down the tax priority claim against the assets of Harshad S. Mehta, a notified person under the Special Court Act, 1992. The Income Tax Department argued that the Special Court lacked jurisdiction…

The respondent was appointed as a sweeper‑cum‑water carrier on a monthly wage in 1986 and worked daily until about 5 p.m., effectively on a full‑time basis despite being described as part‑time. His services were terminated in March 1989 and he sought regularisation and protection under the Industrial Disputes Act, 1947…

M/s. KLM Royal Dutch Airlines appealed against an order of the MRTP Commission that held it guilty of unfair trade practice for a deficiency in cargo service. The complainant alleged that two parcels were delayed, causing loss, and the Commission treated the delay as an unfair trade practice under Sections 36A(ii), (iv…

The appellant, Dr. B.C. MylarpPA, was appointed Professor of Sociology at Bangalore University after a Board of Appointment, comprising academic experts, counted his eight years of lecturing and five years of research assistant experience to satisfy the 10‑year post‑graduate teaching/research requirement. Respondents c…

Ram Prakash Gupta, a handicapped plaintiff, filed a suit in 1990 seeking declaration of ownership of his house and nullity of two decrees obtained fraudulently by his brothers' sons in 1976. He discovered the fraudulent decree only in 1986 when an interpleader suit disclosed it. After 15 years of litigation, the respon…

The Collector of Bihar reopened a land‑ceiling proceeding under Section 45‑B of the Bihar Land Reforms Act without giving notice or a hearing to the land‑holder, Sarju Madhav Rastogi. The proceeding was transferred to the Additional Collector, who after a brief appearance by the deceased land‑holder, issued notices in …

The respondent, S. Rajulu, was employed as a packer by Aurofood Pvt. Ltd. and was suspended in 1981 for alleged misconduct, including insolent and filthy language towards superiors and a lady supervisor. A domestic enquiry found him guilty on two charges and the employer dismissed him after an unsatisfactory show‑cause…

The Pazhassi Raja Charitable Trust sought to have its Malayalam film "Pazhassi Raja" screened as a special entry at the International Film Festival of India 2009, but the Feature Film Jury rejected it. The Trust filed multiple writ petitions in the Delhi High Court, which denied interim relief, prompting a Special Leav…

The Kashi Math Samsthan and its successor appellant filed a suit seeking a declaration that the appellant was the 21st Mathadhipathi and an injunction restraining the incumbent Mathadhipathi from exercising his powers. The trial court granted a temporary status‑quo injunction during the suit, but later dismissed the su…

The case concerned land originally resumed in 1955, where a Tahsildar's 1976 order granted a share of the land to Shivgonda Patil. After the death of the original occupier, his heirs sought revision of that order in 1993. The Sub‑Divisional Officer, invoking Section 257 of the Maharashtra Land Revenue Code, 1966, set a…

The respondents filed a criminal petition under Section 482 CrPC seeking transfer of a state police investigation to the CBI. The Madras High Court dismissed the petition in 2001, refusing the transfer. After three years, the DSP of SBCID filed an application in the same disposed petition seeking to modify the order, a…

The appellant, Madan Kishore, claimed that as a sub‑tenant he was entitled to acquire proprietary rights over land under the Himachal Pradesh Abolition of Big Landed Estates and Reforms Act, 1953, and that a Compensation Officer had validly conferred such rights on him. The Supreme Court examined the scheme of the Act,…

Mahendra Ram was hired by P.V.K. Distillery Ltd. in 1981, became a permanent workman in 1982, and was terminated orally in 1985. He approached the Labour Court, which held that his termination was illegal, ordered his reinstatement with full back wages, and the High Court affirmed that award. The factory, however, rema…

M/s Unissi (India) Pvt Ltd entered into a tender with the Post Graduate Institute of Medical Education & Research (PGI) for the purchase of pulse oximeters. The tender documents contained an arbitration clause. PGI accepted the tender, the goods were supplied, installed and used for about a year, after which PGI return…

The appellant, a defendant in a partition suit, failed to file his written statement within the 30‑day period and beyond the 90‑day limit prescribed by Order 8 Rule 1 of the CPC because his counsel advised him to wait for the outcome of a pending appeal and the case files were not available. Both the trial court and th…