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Supreme Court of India

V N KHARE

347 judgments delivered by benches including this judge — showing 1–200.

DEO NARAIN CHOUDHURYversusSHREE NARAIN CHOUDHURY

2000 INSC 49731 October 2000Dismissed

The appellant and respondent, brothers, were in dispute over a property and referred the matter to arbitration. An arbitral award was made on 21 January 1996 and filed in the Sub‑Judge's court on 14 May 1996. The respondent filed a caveat on 11 June 1996 seeking notice before any order, but the court only issued its st

T. SIVASUBRAMANIAM AND ORS.versusKASINATH PUJARI AND ORS.

1999 INSC 37031 August 1999Dismissed

The landlords filed an eviction petition under the Tamil Nadu Building (Lease and Rent Control) Act, 1960, claiming they wished to live separately from their father and had no house of their own. The petition did not specifically plead a bonafide need for the premises, merely stating a desire to live independently. The

MADAN MOHAN RAJGARHIAversusM/S. MAHENDRA R. SHAH & BROS. AND ANR.

2003 INSC 34931 July 2003Dismissed

Madan Mohan Rajgarhia, a non‑member trader, sued M/s Mahendra R. Shah & Bros., a broker and member of the Bombay Stock Exchange, for recovery of Rs.5,63,334. The respondents invoked Section 34 of the Arbitration Act, 1940, seeking a stay on the ground that the dispute fell within the arbitration clause printed on the e

STATE OF U.P.versusALLIED CONSTRUCTIONS

2003 INSC 35031 July 2003Disposed off

The State of Uttar Pradesh contracted Allied Constructions to build a bridge-cum-fall, but a flood in August 1991 damaged the partially completed work. Allied claimed loss and obtained an arbitral award of Rs.12,55,365 with interest. The State contended that Clause 47 of the contract, a force‑majeure provision covering

HON'BLE SHRI RANGANATH MISHRAversusUNION OF INDIA AND ORS.

2003 INSC 35131 July 2003Disposed off

The petitioner, a former Supreme Court judge, wrote a letter to the Chief Justice seeking directions for the State to educate citizens about their fundamental duties, and the letter was treated as a writ petition under Article 32. The Court appointed Shri K. Parasaran as amicus curiae and considered the recommendations

STATE OF ORISSAversusLOCHAN NAYAK (DEAD) BY LRS.

2003 INSC 35231 July 2003Appeal(s) allowed

The respondents were originally allotted land under the Orissa Land Reforms Act, 1960, but the allotment was cancelled by the Divisional Commissioner in 1984 on procedural grounds. The respondents challenged this cancellation in the Orissa High Court in 1986, which remanded the matter for fresh consideration; the reven

STATE OF ORISSAversusNITYANAND SATPATHY AND ORS.

2003 INSC 35331 July 2003Appeal(s) allowed

The State of Orissa challenged the validity of a settlement made in 1964 by the Deputy Collector in favour of the sons of the late intermediary Manindra Chandra Sinha over a tract of non‑agricultural (Anabadi) land in Badagaon, Puri. The land had vested in the State under the Orissa Estates Abolition Act, 1953, and the

DIPAK CHANDRA RUHIDASversusCHANDAN KUMAR SARKAR

2003 INSC 35431 July 2003Dismissed

The appellant, Dipak Chandra Ruhidas, challenged the election of Chandan Kumar Sarkar to the Assam Legislative Assembly on the ground that Sarkar's nomination was improperly accepted despite not being a Scheduled Caste member. The Gauhati High Court dismissed the election petition under Section 86(1) of the Representat

SHYAM SUNDER AND ANR.versusRAM KUMAR AND ANR.

2001 INSC 32331 July 2001Dismissed

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

S. HANUMANTHA RAOversusS. RAMANI

1999 INSC 14331 March 1999Dismissed

The husband filed a petition for divorce on the grounds of mental cruelty and desertion, alleging that his wife removed and threw her mangalsutra, preserved copies of letters she had written to him, and sought the intervention of the Women Protection Cell under IPC 498A. The trial court granted divorce on the basis of

STATE OF HIMACHAL PRADESHversusRAJA MAHENDRA PAL

1999 INSC 14631 March 1999Appeal(s) allowed

The erstwhile ruler of Kutlehar, Raja Mahendra Pal, claimed that he was entitled to receive the price of forest produce sold to the Himachal Pradesh Forest Corporation at rates fixed by a Pricing Committee, along with interest, damages and penalties, invoking a right to livelihood under Article 21. The Himachal Pradesh

ORIENTAL INSURANCE CO. LTD.versusT.S. SASTRY

2003 INSC 58630 October 2003Dismissed

The respondent, an Inspector Grade I, was placed on a waiting list for promotion to Assistant Administrative Officer (Development) after a panel of eight names was prepared. During the panel's validity, two new posts were created, and the respondent claimed promotion, but the insurer filled the vacancies by transferrin

APANGSHU MOHAN LODH AND ORS.versusSTATE OF TRIPURA AND ORS.

2003 INSC 58730 October 2003Dismissed

The appellants, practising advocates, were appointed as part‑time lecturers in a medical college in Tripura on a fixed contractual pay. They filed a writ petition under Article 226 seeking proportionate equal pay for equal work, i.e., the minimum pay scale of regular assistant professors. A single judge of the Gauhati

SHIV SARUP GUPTAversusDR. MAHESH CHAND GUPTA

1999 INSC 36430 August 1999Dismissed

The appellant, a tenant, occupied the first floor and barsati of a house in Defence Colony, New Delhi. The landlord, a doctor, sought eviction under Section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide need for the premises for himself and his family. The Additional Rent Controller dismissed the e

RE BHAVANI RIVER-SAKTHI SUGARS LTD.versusRE BHAVANI RIVER-SAKTHI SUGARS LTD.

1998 INSC 27630 July 1998Dismissed

The Supreme Court examined a writ petition concerning the discharge of objectionable effluents from Sakthi Sugars Ltd.'s distillery into the Bhavani River, which had become a health and environmental hazard. The High Court had dismissed the petition solely on the consent of the Tamil Nadu Pollution Control Board, a dec

VIKAS DESHPANDEversusBAR COUNCIL OF INDIA AND ORS.

2002 INSC 50229 November 2002Dismissed

Advocate Vikas Deshpande approached three prisoners sentenced to death, promised to represent them free of charge, and obtained their signatures on a vakalatnama and on stamp papers without explaining the contents. He later claimed a power of attorney to sell their land, sold part of it, and appropriated the proceeds a

R.D. UPADHYAYversusSTATE OF ANDHRA PRADESH AND ORS.

2000 INSC 55029 November 2000Directions issued

The Supreme Court heard a writ petition under Article 32 concerning Ajoy Ghosh, a prisoner‑lunatic detained since 1962 in West Bengal prisons. The Court found that the prison authorities and the Assistant Chief Metropolitan Magistrate had failed to provide medical care or maintain records from 1964 to 1995, violating t

STATE BANK OF INDIAversusRAM DAS AND ANR.

2003 INSC 58129 October 2003Dismissed

The State Bank of India entered into a construction contract with a contractor that contained an arbitration clause. An umpire awarded Rs. 15.85 lakh to the contractor in 1984, then filed the award himself in the Hyderabad Civil Court and engaged a lawyer to conduct the proceedings, making the award a rule of court. Th

BABU PARASU KAIKADI (DEAD) BY LRS.versusBABU (DEAD) THROUGH LRS.

2003 INSC 57229 October 2003Appeal(s) allowed

The appellant, a tenant of agricultural land since 1948‑49, was dispossessed by the landlord in 1956 without complying with the procedure prescribed under the Bombay Tenancy and Agricultural Lands Act, 1948. The tenant later sought restoration of possession under Section 32(1B) of the Act, but the High Court dismissed

BHARAT COKING COAL LTD.versusM/S. ANNAPURNA CONSTRUCTIONS

2003 INSC 43529 August 2003Case Partly allowed

The parties entered into a contract for constructing 140 temporary hutments which contained an arbitration clause. After delays, the arbitrator awarded the contractor a sum with 18% interest, but the subordinate court, in making the award a rule of court, did not grant interest under Section 29 of the Arbitration Act,

ELECTRICITY EMPLOYMENT UNION ETC.versusUNION OF INDIA AND ORS.

2000 INSC 42029 August 2000Dismissed

The Electricity Employment Union and two employees challenged the Central Administrative Tribunal's finding that, after the Punjab Re‑organisation Act, 1966, their services were allocated to the Punjab State Electricity Board and they were merely on deputation to the Union Territory of Chandigarh. They argued that Sect

SANKARAN PILLAI (DEAD) BY LRS.versusV.P. VENGUDUSWAMI AND ORS.

1999 INSC 29629 July 1999Dismissed

The appellant, a tenant, entered into a purchase agreement for the premises and paid a part‑payment, but the agreement was later repudiated and he filed a suit for specific performance. While the suit was pending, the new owner (respondent) filed an ejectment suit on the ground of arrears of rent. The Rent Controller o

BHARAT LAL BARANWALversusVIRENDRA KUMAR AGARWAL

2003 INSC 4529 January 2003Appeal(s) allowed

The landlord's father let three rooms to the tenant in 1970 for the business of selling copies and books. The tenant later began manufacturing copies, registers, and sweet‑meat boxes in 1976 and installed a printing machine in 1982 without obtaining the landlord's written consent. The landlord filed an eviction suit un

PUBLIC SERVICES TRIBUNAL BAR ASSOCIATIONversusSTATE OF U.P. AND ANR

2003 INSC 4629 January 2003Dismissed

The Supreme Court dismissed three civil appeals filed by the Public Services Tribunal Bar Association challenging the constitutional validity of the Uttar Pradesh Public Services (Tribunal) Act, 1976 as amended by Act No. 5 of 2000. The Court held that the State Legislature had competence under Entry 41 of List II to e

ROURKELA SHRAMIK SANGHversusSTEEL AUTHORITY OF INDIA LTD. AND ANR.

2003 INSC 4329 January 2003Dismissed

The workmen of Rourkela Steel Plant, represented by Rourkela Shramik Sangh, sought regularisation of their services through a writ petition, invoking the Supreme Court's earlier directions that disputes on identification of eligible workmen be referred to the Chief Labour Commissioner (CLC). The CLC, acting under those

DAYAL SINGH AND ORS.versusUNION OF INDIA AND ORS.

2003 INSC 4429 January 2003Dismissed

The appellants' lands were requisitioned and later acquired for a military cantonment under the Defence of India Act and the Requisitioning and Acquisition of Immovable Property Act, 1952. They entered into compensation agreements under the 1952 Act, but later sought higher compensation, solatium and interest based on

MOOL CHAND BAKHRU AND ANR.versusROHAN AND ORS.

2002 INSC 5429 January 2002Appeal(s) allowed

The appellants, owners of a house in Solan, had allowed their uncle Bhagwan Dass to occupy the property as a licensee. Bhagwan Dass later claimed that the appellants had agreed to sell him half of the property and that, under Section 53-A of the Transfer of Property Act, he could retain possession in part performance o

KRISHI UTPADAN MANDI SAMITI AND ORS.versusPILLIBHIT PANTNAGAR BEEJ LTD. AND ANR.

2003 INSC 67828 November 2003Dismissed

The appellant Market Committee sought to levy market fees under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam on Pillibhit Pantnagar BeeJ Ltd., which deals in the purchase, processing and sale of certified wheat seeds. The respondents argued that wheat seed is not listed in the Schedule of the Act and therefore is n

UNION OF INDIAversusK.M. SHANKARAPPA

2000 INSC 54528 November 2000Dismissed

The petition challenged the constitutional validity of several provisions of the Cinematograph Act, 1952, particularly Section 6(1) which allowed the Central Government to call for records of proceedings before the Board or Tribunal and to make orders revising their decisions. The High Court upheld most provisions but

HAMZABI AND ORS.versusSYED KARIMUDDIN AND ORS.

2000 INSC 54828 November 2000Appeal(s) allowed

In 1951 a usufructuary mortgage was created over a house in favour of the petitioner. In 1953 the mortgagor agreed to sell the house to the mortgagee, Y, but the sale deed was never registered before the mortgor died. An unregistered sale deed was later executed in 1954 in favour of the petitioner as Y's benamidar, and

M.C. MEHTAversusUNION OF INDIA AND ORS.

1998 INSC 27428 July 1998Directions issued

The Supreme Court, hearing a writ petition under Article 32 filed by environmental activist M.C. Mehta, examined the persistent rise in vehicular pollution in Delhi despite earlier court directions and the Bhure Lal Committee report. The Court noted that the State had failed to implement the recommended measures, with

M/S. KUSUM INGOTS AND ALLOYS LTD.versusUNION OF INDIA AND ANR.

2004 INSC 31928 April 2004Dismissed

Mis. Kusum Ingots and Alloys Ltd., a Mumbai‑registered company, obtained a loan from the Bhopal branch of State Bank of India and was served a repayment notice under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The company challenged the constitutional validi

SHARDAversusDHARMPAL

2003 INSC 18928 March 2003Dismissed

The husband filed for divorce under Sections 12(1)(b) and 13(1)(iii) of the Hindu Marriage Act, seeking a court order that his wife undergo a medical examination to determine unsoundness of mind. The District Judge ordered the examination, the High Court dismissed the revision, and the wife appealed to the Supreme Cour

STATE OF KERALA AND ANRversusCHANDRAMOHANAN

2004 INSC 6328 January 2004Appeal(s) allowed

The State of Kerala appealed a Kerala High Court order that quashed charges under Sections 3(i) and 3(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the ground that the victim’s family had converted to Christianity two centuries earlier and therefore ceased to be members of a

NASIRUDDIN AND ORS.versusSITA RAM AGARWAL

2003 INSC 4128 January 2003Appeal(s) allowed

The appeal concerned a landlord-tenant dispute under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The tenant failed to deposit the arrears of rent within the period prescribed under Section 13(4) of the Act and sought condonation of the delay under Section 5 of the Limitation Act, 1963. The Supreme

BALWANT SINGH AND ORS.versusANAND KUMAR SHARMA AND ORS.

2003 INSC 4228 January 2003Dismissed

The landlord filed an eviction suit against the tenants under the Bihar Buildings (Lease, Rent & Eviction) Control Act alleging default in rent payment. The trial court dismissed the suit, but the first appellate court reversed that decision and decreed eviction for default. The second appellate court and the Patna Hig

PARENTS ASSOCIATION AND ANR.versusUNION OF INDIA AND ORS.

2000 INSC 3228 January 2000Dismissed

The Supreme Court examined the Central Government's revised quota system for higher‑education and public‑employment seats in the Andaman and Nicobar Islands, which reduced the 10‑year‑education locals' reservation from 35% to 20% and restored a 50% reservation for pre‑ and post‑1942 settlers. The petitioners argued tha

LAXMAN DUNDAPPA DHAMONEKAR AND ANR.versusMANAGEMENT OF VISHWA BHARATA SEVA SAMITI AND ANR.

2001 INSC 46627 September 2001Appeal(s) allowed

The appellants, appointed as assistant teachers in a private government‑aided school, were terminated on the ground of unauthorised absence and alleged lack of approval of their appointments by the Director of Public Instructions. They challenged the termination before the Tribunal, which ordered reinstatement; the man

GOBIND RAMversusGIAN CHAND

2000 INSC 46327 September 2000Dismissed

Gobindram (appellant) agreed to sell a property in Lajpat Nagar to Gian Chand (respondent) for Rs 16,000, receiving Rs 1,000 as earnest money. The sale deed was not executed within the stipulated time, prompting the respondent to sue for specific performance. The trial court decreed specific performance and the respond

BALRAM KUMAWATversusUNION OF INDIA & ORS.

2003 INSC 42627 August 2003Dismissed

The appellants, an importer of mammoth fossil ivory and a carver, challenged the ban on their ivory under the Wild Life (Protection) Act, 1972, arguing that mammoth ivory is not covered by the term "ivory" and that the prohibition violates Articles 14 and 19(6) of the Constitution. The Supreme Court examined the statut

INDIAN HANDICRAFTS EMPORIUM AND ORS.versusUNION OF INDIA AND ORS.

2003 INSC 42727 August 2003Dismissed

The appellants, Indian Handicrafts Emporium and others, were traders who had legally imported ivory and manufactured articles from it before the 1991 amendment to the Wild Life (Protection) Act, 1972 prohibited any trade in imported ivory. They challenged the constitutional validity of the amendment on grounds of viola

POONAMversusMUNICIPAL CORPORATION OF DELHI AND ORS.

2000 INSC 35727 July 2000Dismissed

The appellant sought permission to construct on Plot E‑25 (new) in a Delhi cooperative colony. The original layout plan sanctioned in 1958 contained 98 plots; a later resolution mistakenly mentioned 108 plots. After boundary adjustments, the original plots E‑25 and C‑23 ceased to exist, and the society attempted to cre

BAR COUNCIL OF INDIAversusHIGH COURT OF KERALA

2004 INSC 31127 April 2004Dismissed

The Bar Council of India filed a writ petition under Article 32 challenging Rule 11 of the Kerala High Court Rules, which bars an advocate found guilty of contempt from appearing, acting or pleading in any court until he purges the contempt. The Council argued that the rule violated Articles 14 and 19(1)(g) of the Cons

MODERN SCHOOLversusUNION OF INDIA AND ORS.

2004 INSC 31227 April 2004Disposed off

The Delhi High Court, on a public‑interest writ filed by a parents' federation, held that several unaided recognised schools in Delhi were commercialising education by charging excessive fees and transferring surplus funds to their managing societies. The schools appealed to the Supreme Court, challenging the Director

UNION OF INDIA AND ANR.versusMANU DEV ARYA

2004 INSC 31327 April 2004Appeal(s) allowed

Manudevarya, a Research Assistant with the Central Council for Research in Homeopathy, received a non‑practicing allowance (NPA) of Rs.75 while doctors and physicians in the same institution received Rs.150. The Government issued a policy in 1991 enhancing NPA for doctors and physicians in pay scales Rs.2000‑3500 and a

LALIT MOHAN PANDEYversusPOORAN SINGH AND ORS.

2004 INSC 31527 April 2004Appeal(s) allowed

In a Zila Panchayat election in Uttaranchal, three candidates received six, five and one first‑preference votes. After eliminating the lowest‑vote candidate, the remaining two each had six votes, and no one met the quota required under the Hare‑Clarke system. The Returning Officer declared the post vacant, a decision u

D.D. SHARMAversusUNION OF INDIA

2004 INSC 31627 April 2004

The Union of India invited tenders for six bridges and incorporated an arbitration clause. The contractor D.D. Sharma submitted a tender with conditional offers of rebates subject to the award of a 10% interest‑free advance and timely allotment of the work. The Union failed to hand over the site on time, leading the co

V.M.KURIANversusSTATE OF KERALA AND ORS.

2001 INSC 18127 March 2001Appeal(s) allowed

The appellant, a resident adjoining a plot owned by the 5th respondent, challenged the Kerala State Government's orders granting exemption from the Kerala Municipal Building Rules, 1968 for the construction of an eight‑storeyed building. The exemption was issued despite the application not being processed through the G

COMMISSIONER OF CENTRAL EXCISE, LUCKNOW, U.P.versusM/S. CHHATA SUGAR CO. LTD.

2004 INSC 14127 February 2004Dismissed

The Supreme Court examined whether administrative charges collected by a sugar factory under the Uttar Pradesh Sheera Niyantran Adhiniyam, 1964 are "other taxes" under section 4(4)(d)(ii) of the Central Excise Act, 1944 and therefore excluded from the assessable value of molasses. The Court held that the statutory pric

HIGH COURT OF JUDICATURE FOR RAJASTHANversusP.P. SINGH AND ANR

2003 INSC 3727 January 2003Appeal(s) allowed

The Rajasthan High Court had appointed a two‑Judge Committee, constituted by the Acting Chief Justice, to recommend merit criteria for promotion of Higher Judicial Service officers to the selection scale. The Full Court approved the Committee's recommendations and the Governor issued appointments, but several officers

ILLACHI DEVI (D) BY LRS. AND ORS.versusJAIN SOCIETY, PROTECTION OF ORPHANS INDIA AND ORS.

2003 INSC 52326 September 2003Case Partly allowed

The appellant, the heirs of the deceased Ratan Lal, challenged the Delhi High Court's order granting letters of administration to the Jain Society, a body registered under the Societies Registration Act, 1860, under Section 236 of the Indian Succession Act. The Supreme Court examined whether a society qualifies as a ju

P.T RAJANversusT.P.M. SAHIR AND ORS.

2003 INSC 51426 September 2003Dismissed

In the 2001 Kozhikode Assembly election, the appellant, election agent of the defeated candidate, alleged that after the 3 p.m. deadline for filing nominations, 19,045 names were deleted and 6,828 added to the electoral roll, rendering the election void. The High Court dismissed the petition, holding that the appellant

TEJUMAL BHOJWANI (DEAD) THROUGH LRS. AND ORS.versusSTATE OF U.P.

2003 INSC 42426 August 2003Disposed off

The petitioners, owners of a large tract of land in Sitapur, Uttar Pradesh, challenged the compensation awarded by the U.P. Awas Evam Vikas Parishad under its 1965 Adhiniyam for land acquired for a housing scheme. The Land Acquisition Officer had offered Rs 2‑3 per sq ft and separate amounts for structures and a tube‑w

M.C.MEITTAversusUNION OF INDIA AND ORS.

2001 INSC 17026 March 2001Modified

The Supreme Court, hearing M.C. Mehta v. Union of India, examined the failure of the Delhi government and private bus operators to meet its earlier order (28 July 1998) that the entire city bus fleet be converted to CNG by 31 March 2001 and that no bus older than eight years operate on diesel after 1 April 2000. Applic

UNION OF INDIAversusSHIV DAYAL SOIN & SONS PVT. LTD. AND ORS.

2003 INSC 12326 February 2003Dismissed

The appellant, lessor, leased a plot of land to the predecessor-in-interest of the respondent under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, using the terms of Appendix XIII to Rule 40(3). Clause 1(vii) required the lessee to construct a house but did not expressly limit its subsequent use. Th

COLLECTOR OF CENTRAL EXCISE, AHMEDABADversusORIENT FABRICS PVT. LTD.

2003 INSC 66925 November 2003Dismissed

The Collector of Central Excise assessed additional duty on Orient Fabrics for alleged mis‑disclosure and undervaluation of fabric, also ordered confiscation of 35 bales and imposed a penalty. The Central Excise and Gold (Control) Appellate Tribunal allowed the appeals, holding that the Central Excise Act could not be

M/S. RAYALSEEMA PAPER MILLS LTD. AND ANR.versusGOVERNMENT OF A.P. AND ORS.

2002 INSC 44225 October 2002Dismissed

The Andhra Pradesh Government entered into long‑term supply agreements with paper mills and fixed royalty rates for forest produce, initially at fixed amounts and later by a sliding scale based on replacement cost. The mills challenged the increase from Rs.60 to Rs.210 per tonne and the use of a sliding rate, arguing t

MINERALS AND METALS TRADING CORPORATION OF INDIA LTD.versusSALES TAX OFFICER AND ORS.

1998 INSC 38125 September 1998Appeal(s) allowed

The Minerals and Metals Trading Corporation of India Ltd., acting as a canalising agent, placed a purchase order with a foreign exporter for tin mill black plate coils on behalf of the Steel Authority of India Ltd. (SAIL). The coils were shipped on the high seas and the bill of lading was endorsed in favour of SAIL bef

SATYA RANJAN MAJHI AND ANR.versusSTATE OF ORISSA AND ORS.

2003 INSC 42025 August 2003Dismissed

The petitioners challenged Sections 2 and 7 of the Orissa Freedom of Religion Act, 1967 and Rules 4 and 5 of the Orissa Freedom of Religion Rules, 1989, including sub‑rule (3) of Rule 5, before the Orissa High Court, which dismissed the petition. They filed a Special Leave Petition before the Supreme Court, contending

STATE OF HARYANAversusRAM SINGH

2001 INSC 31525 July 2001Dismissed

The State of Haryana acquired about 180 acres of land for a feeder project and awarded uniform compensation rates. The High Court, relying on a single sale deed, directed the State to pay Rs.1,72,000 per acre plus an additional Rs.30,000 for "potential value". The State appealed, arguing that certified copies of other

M/S. INTERNATIONAL WOOLEN MILLSversusM/S. STANDARD WOOL (U.K.) LTD.

2001 INSC 22725 April 2001Case Partly allowed

International Woolen Mills (appellant) placed an order for wool with Standard Wool (U.K.) Ltd. (respondent) which it later rejected as inferior and withheld payment. The respondent obtained an ex‑parte decree in the Central London County Court and sought execution in Ludhiana, India. The appellant filed two application

BHARAT PETROLEUM CORPORATION LTD.versusMUMBAI SHRAMIK SANGHA AND ORS .

2001 INSC 22425 April 2001Hearing Adjourned

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

RAM DOSSversusK. THANGAVELU

1999 INSC 53024 November 1999Appeal(s) allowed

Ram Doss purchased a building that was occupied by K. Thangavelu, who refused to acknowledge him as landlord and stopped paying rent. The Rent Controller, after examining the sale deed and rent accounts, held that a landlord‑tenant relationship existed and ordered eviction; the tenant's appeal was dismissed. The High C

TATA ENGINEERING AND LOCOMOTIVE CO. LTD.versusTHE STATE OF BIHAR AND ANR.

2000 INSC 23624 April 2000Dismissed

Tata Engineering & Locomotive Co. Ltd., a manufacturer of automobiles, purchased large quantities of timber from licensed dealers and operated several saw‑mills within its factories to produce wooden components for its vehicles. The State of Bihar issued a notice requiring the company to obtain a licence under the Biha

STATE BANK OF PATIALAversusROMESH CHANDER KANOJI AND ORS.

2004 INSC 12424 February 2004Appeal(s) allowed

The State Bank of Patiala issued a Voluntary Retirement Scheme (SBPVRS) that was open from 15 February to 1 March 2001. Clause 5 set the application period, clause 8 dealt with the bank's discretion and mode of acceptance, and clause 9(i) stated that applications could not be withdrawn. Three employees applied but late

SMT. BENI BAIversusRAGHUBIR PRASAD

1999 INSC 8324 February 1999Appeal(s) allowed

The father of the appellant executed a 1935 will granting his house to the respondent after the death of his wife, Bhagwati Bai, who was given a life interest in lieu of maintenance. In 1962 Bhagwati Bai executed a gift deed transferring the house to her daughter, the appellant. The respondent sued to declare the gift

SADHANA LODHversusNATIONAL INSURANCE COMPANY LTD. AND ANR.

2003 INSC 3224 January 2003Appeal(s) allowed

The claimant's son died in a motor vehicle accident and the Motor Accident Claims Tribunal awarded Rs. 3,50,000 as compensation. The insurer, National Insurance Co., filed writ petitions under Articles 226 and 227 of the Constitution challenging the award, but the High Court initially dismissed the petition and later r

BIDESH SINGHversusMADHU SINGH AND ORS.

2003 INSC 50923 September 2003Appeal(s) allowed

Bidesh Singh filed an election petition challenging the election of Maohu Singh on the ground that 258 ballot papers were illegally rejected in Booth No. 35 and sought their inspection and scrutiny. The respondent filed an application under Sections 81, 83 and 86 of the Representation of the People Act, 1951 and Rule 9

PAWAN KUMAR SHARMAversusGURDIAL SINGH

1998 INSC 37923 September 1998Appeal(s) allowed

P.K. Sharma, an advocate enrolled in 1990, was complained against by Gurdial Singh for allegedly continuing a taxi business after enrollment, violating Bar Council of India Rules 47 and 48. The Disciplinary Committee of the Bar Council of India found him guilty of professional misconduct and suspended him for one year.

MUNICIPAL CORPN. OF GREATER BOMBAY AND ORS.versusHINDUSTAN PETROLEUM CORPN. AND ANR.

2001 INSC 38923 August 2001Dismissed

The State Government acquired land in Greater Bombay, including a drain, under the Land Acquisition Act, 1894, and later leased portions to Hindustan Petroleum Corp. and others, who discharged industrial effluents into the drain. The Municipal Corporation of Greater Bombay, under the Mumbai Municipal Corporation Act, 1

RACHAKONDA NARAYANAversusPONTHALA PARVATHAMMA AND ANR.

2001 INSC 39023 August 2001Appeal(s) allowed

The plaintiff entered into an agreement to purchase two plots of land, paying earnest money, but later learned that the seller lacked title to one plot (Plot B). The plaintiff sought specific performance of the contract for the remaining plot (Plot A) after relinquishing any claim to Plot B and paying the full contract

RESHAM SINGHversusRAGHBIR SINGH AND ANOTHER

1999 INSC 35023 August 1999Dismissed

Resham Singh, the landlord, let a shop to Raghbir Singh who later became involved in criminal proceedings and absconded. Raghbir allowed his brother Kuldeep Singh to look after the premises, leading the landlord to file an eviction petition under the East Punjab Urban Rent Restriction Act alleging sub‑letting and rent

UNION OF INDIAversusNAVEEN JINDAL AND ANR.

2004 INSC 5323 January 2004Dismissed

The Supreme Court examined whether the right to fly the Indian National Flag is a fundamental right under Article 19(1)(a) of the Constitution. It held that such a right exists but is not absolute; it is subject to reasonable restrictions under Article 19(2). The Court clarified that the Emblems and Names (Prevention o

RAM PHAL KUNDUversusKAMAL SHARMA

2004 INSC 5523 January 2004Appeal(s) allowed

In the 2000 Haryana Legislative Assembly election, two candidates, Kamal Sharma and Bachan Singh, both claimed to be the official Congress candidate for the Safidon constituency. Both filed Form B with the Returning Officer; Bachan Singh’s Form B, submitted later, rescinded the earlier notice in favour of Kamal and was

MAULESHWAR MANI AND ORS.versusJAGDISH PRASAD AND ORS.

2002 INSC 4323 January 2002Appeal(s) allowed

Jamuna Prasad executed a Will in 1956 bequeathing his entire movable and immovable property, including Bhumadhari land, to his second wife Sona Devi with a right of alienation, and thereafter to the nine sons of his daughters from both wives. After the deaths of Jamuna Prasad (1961) and Sona Devi (1964), the plaintiffs

M/S. CONTINENTAL CONSTRUCTION LTD.versusSTATE OF U.P.

2003 INSC 50022 September 2003Appeal(s) allowed

Continental Construction Ltd. entered into a contract with the State of Uttar Pradesh for dam construction. A dispute arose over claims for extra earth and rock, which were referred to arbitration. The respondent failed to appoint an arbitrator, so the appellant's arbitrator acted as sole arbitrator, and later the matt

UNION OF INDIA AND ORS.versusDR. VIJAYAPURAPU SUBBAYAMMA

2000 INSC 45822 September 2000Appeal(s) allowed

Dr. Vijaya Yapurapu Subba Yamma retired on 13 November 1980 after 12 years of service, falling short of the 20‑year qualifying period required for a pro‑rata pension under the Central Civil Services (Temporary) Services Rules, 1965. The Fourth Pay Commission later recommended reducing the qualifying service to ten year

M.C. MEHTAversusUNION OF INDIA AND ORS.

1998 INSC 37722 September 1998Directions issued

The Supreme Court, hearing a writ petition filed by environmental activist M.C. Mehta, examined the problem of vehicular air pollution in Delhi and its earlier order banning commercial vehicles older than 15 years from operating in the National Capital Territory. The Union of India, through the Solicitor General, argue

CHANDRA SINGHversusSTATE OF RAJASTHAN AND ANR.

2003 INSC 32622 July 2003Dismissed

The appellants, three members of the Rajasthan Higher Judicial Service, were compulsorily retired on 31 March 1999 under a notification that reduced the retirement age to 58 years, with an exception allowing extension to 60 years for officers deemed to have continued utility. They challenged the order, arguing that the

KARIMABEN K. BAGADversusSTATE OF GUJARAT AND ORS.

1998 INSC 27122 July 1998Case Allowed

The husband of the petitioner was detained under COFEPOSA and challenged the detention via a writ petition. While the petition was pending, the government revoked the detention order and the Gujarat High Court dismissed the petition as infructuous without addressing its merits. After the husband’s death, proceedings un

STATE OF U.P. AND ORS.versusDAULAT RAM GUPTA

2002 INSC 17322 March 2002Dismissed

The State of Uttar Pradesh issued executive orders refusing to renew licences of petty diesel dealers whose premises were within five kilometres of a government‑run retail outlet. Daulat Ram Gupta, whose licence was thus refused, challenged the order. The Allahabad High Court set aside the order and directed the author

M. CHINNASAMYversusK.C. PALANISAMY AND ORS.

2003 INSC 66121 November 2003Appeal(s) allowed

In the 1999 Karur parliamentary election the returned candidate won by 2,847 votes. The defeated candidate filed an election petition alleging irregularities in the counting of about 15,000 rejected votes across five categories, but the petition disclosed only vague, general allegations without the required particulars

BODDU NARAYANAMMAversusSRI VENKATARAMA ALUMINIUM CO. AND ORS.

1999 INSC 42921 September 1999Appeal(s) allowed

Boddu Narayanamma, the landlady, sought eviction of Sri Venkatarama Aluminium Co. and its partners who occupied a building in Rajahmundry under a composite lease containing both residential and non‑residential portions. The Rent Controller dismissed the petition, holding the landlord's requirement was not bona fide and

BIHAR STATE MINERAL DEVELOPMENT CORPN. AND ANR.versusENCON BUILDERS (I) PVT. LTD.

2003 INSC 40921 August 2003Dismissed

Bihar State Mineral Development Corporation (appellant) awarded a contract to ENCON Builders (respondent) for excavation work. The respondent failed to perform, leading the corporation to re‑allocate the work and incur losses. Clause 60 of the contract stipulated that any dispute would be decided by the Managing Direct

GWALIOR DUGDHA SANGH SAHAKARI LTD.versusG.M. GOVT. MILK SCHEME, NAGPUR AND ORS.

2003 INSC 41121 August 2003Disposed off

Gwalior Dugdha Sangh Sahakarj Ltd, a society registered under the Madhya Pradesh Co-operative Societies Act, entered into milk supply agreements with the Government Milk Scheme, Nagpur, which were executed in Maharashtra. The agreements contained an arbitration clause designating the Dairy Development Commissioner, Bom

JOHN VALLAMATTOM AND ANR.versusUNION OF INDIA

2003 INSC 32221 July 2003Case Allowed

The petitioners, two Christians, challenged Section 118 of the Indian Succession Act, 1925 which barred Christians from bequeathing property for religious or charitable purposes unless a will was executed at least twelve months before death and deposited as prescribed. They argued that the provision discriminated again

THE STATE OF PUNJABversusBALDEV SINGH

1999 INSC 28221 July 1999Disposed off

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

PUNJAB AND SIND BANK AND ANR.versusS. RANVEER SINGH BAWA AND ANR.

2004 INSC 29621 April 2004Appeal(s) allowed

Punjab and Sind Bank introduced a Voluntary Retirement Scheme (VRS) in December 2000. Respondent No.1, Ranveer Singh Bawa, opted for the scheme on 6‑12‑2000 but requested to withdraw his option on 22‑12‑2000. The bank, relying on clause 10.4, refused the withdrawal and relieved him of service on 29‑01‑2001. The respond

STATE OF U.P. AND ORS.versusNETRA PAL SINGH AND ORS.

2004 INSC 29721 April 2004Disposed off

The State of Uttar Pradesh declined to renew the terms of several District Government Counsels (DGCs). The DGCs filed writ petitions in the Allahabad High Court, which directed the State to renew their appointments. The State appealed to the Supreme Court, arguing that the High Court had overstepped its jurisdiction an

VAREED JACOBversusSOSAMMA GEEVARGHESE AND ORS.

2004 INSC 29821 April 2004Dismissed

In a partition suit, a decree granted recovery of certain items to a defendant. Another defendant filed a suit challenging the decree, and the court issued a temporary injunction under Order 39 restraining execution of the decree. The suit was dismissed for default, later restored, and finally dismissed on merits. The

STATE OF U.P AND ANR.versusJOHRI MAL

2004 INSC 29921 April 2004Appeal(s) allowed

The State of Uttar Pradesh did not renew the term of Johri Mal as District Government Counsel (Criminal) despite a vacancy notice. The respondent challenged the non‑renewal, and the Allahabad High Court ordered renewal, directing that a collegium headed by the District Judge recommend the appointment. The State appeale

RAMALINGAM CHETTIARversusP.K. PATTABIRAMAN AND ANR.

2001 INSC 10521 February 2001Appeal(s) allowed

The State of Tamil Nadu, acting under the Revenue Recovery Act, auctioned a 2‑acre land after a loan default, which was purchased by the appellant. The respondent filed an application under Section 38 of the Act to cancel the sale, which was rejected on 11‑Jan‑1977, and subsequently filed a suit for declaration of titl

PUNJAB NATIONAL BANKversusVIRENDER KUMAR GOEL AND ORS.

2004 INSC 4721 January 2004Disposed off

The Supreme Court examined several applications concerning the interpretation of its earlier directions (dated 17‑12‑2002) on Voluntary Retirement Schemes (VRS) in banks. It clarified that "accepting a part of the benefit" includes the employee’s withdrawal and utilisation of the benefit, not merely a unilateral credit

COMPTROLLER AND AUDITOR GENERALversusKAMLESH VADILAL MEHTA

2003 INSC 2421 January 2003Dismissed

The Comptroller and Auditor General (CAG) issued an advertisement inviting applications from Chartered Accountant firms for empanelment to audit government companies, restricting eligibility to partnership firms except in certain states where proprietary firms could apply. K.V. Mehta, a sole proprietor, was rejected an

LIVERPOOL AND LONDON S.P. AND I ASSON. LTD.versusM.V. SEA SUCCESS I AND ANR.

2003 INSC 65920 November 2003Appeal(s) allowed

The Supreme Court considered an Admiralty suit filed by a UK Protection & Indemnity (P&I) club seeking arrears of insurance premiums from the owners of the vessel M.V. Sea Success I, alleging the premiums were "necessaries" under the Admiralty Courts Act, 1861. The vessel moved to reject the plaint under Order 7 Rule 1

PRAMOD K. PANKAJversusSTATE OF BIHAR AND ORS.

2003 INSC 66020 November 2003Appeal(s) allowed

The appellant, a Junior Engineer in the Bihar Subordinate Engineering Service, claimed promotion to Assistant Engineer under a 1979 Government resolution that granted special promotion to those who obtained a degree and had five years of service, with inter‑se seniority to be decided by the Personnel Department. The Pe

STATE OF PUNJAB AND ANR.versusMIS. DEVANS MODERN BREWERIES AND ANR. ETC.

2003 INSC 65320 November 2003Case Partly allowed

The State of Punjab and the State of Kerala imposed import fees on liquor imported into their territories. Licensees challenged these fees, arguing they were unconstitutional taxes that violated Articles 301, 303 and 304 of the Constitution and that liquor trade is "res extra commercium". The Court held that the fees a

STATE OF JAMMU AND KASHMIRversusGHULAM MOHD. DAR AND ANR.

2003 INSC 65420 November 2003Appeal(s) allowed

The State of Jammu and Kashmir issued a tender for construction work which was accepted by Ghulam Mohammad Dar, and the parties entered into a contract containing an arbitration clause. After completing the work, the contractor sought a 42% escalation payment, which the Chief Engineer indicated should apply to all item

STATE OF KERALA AND ORS.versusN. AVINASIAPPAN

2003 INSC 65620 November 2003Appeal(s) allowed

In 1989, Excise officials seized a lorry and 45 barrels of spirit allegedly belonging to the respondent. After the driver and cleaner compounded the offence, the Joint Commissioner released the vehicle upon a bank guarantee. The respondent's appeal under Section 678 of the Kerala Abkari Act was dismissed, and a subsequ

KHETRABASL BLSWALversusAJAYA KUMAR BARAL AND ORS.

2003 INSC 65720 November 2003Appeal(s) allowed

The Orissa Public Service Commission selected 39 candidates for temporary Munsif posts and sent its merit list to the State Government, which prepared a different list omitting several selectees. Writ petitions were filed challenging the State list; the Orissa High Court prepared its own list and directed appointments

M.C. MEHTAversusUNION OF INDIA AND ORS. ETC.

1997 INSC 74720 November 1997Directions issued

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

DELHI DEVELOPMENT AUTHORITYversusASHOK KUMAR BEHAL AND ORS.

2002 INSC 34220 August 2002Disposed off

The Delhi Development Authority (DDA) revised the land rates for its 1979 Registration Scheme on New Pattern in 1990, leading to higher flat prices. Several allottees filed writ petitions challenging the revision as arbitrary and illegal, resulting in conflicting judgments from two Division Benches of the Delhi High Co

RAMESH MEHTAversusSANWAL CHAND SINGHVI AND ORS.

2004 INSC 28820 April 2004Dismissed

The case concerned a no‑confidence motion against the Chairman of the Sanchar Municipal Board, which had 20 elected members, 2 nominated members and one ex‑officio MLA, totalling 23 members. The motion was declared passed by the Sub‑Divisional Officer because the required two‑thirds majority was calculated on the basis

INDER PARKASH GUPTAversusSTATE OF JAMMU & KASHMIR AND ORS.

2004 INSC 28920 April 2004Disposed off

Inder Parkash Gupta challenged his placement at No.13 in the select list for lecturer posts in the Jammu & Kashmir Medical Education Department, alleging that the J&K Public Service Commission had applied its 1980 Rules, which allocated 100 marks to a viva voce test, in violation of the statutory 1979 Recruitment Rules

UNION OF INDIA AND ANRversusC. DINAKAR, L.P.S. AND ORS.

2004 INSC 29020 April 2004Disposed off

The Union of India appealed against the Karnataka High Court’s affirmation of a Central Administrative Tribunal order that quashed the appointment of R.K. Raghavan as Director of the CBI and directed a fresh selection process. The first respondent, C. Dinakar, a senior IPS officer who had retired, claimed that the appo

UNION OF INDIAversusJUSTICE (RETD.) S. N. SAXENA AND ORS.

2003 INSC 11220 February 2003Dismissed

Retired judges of the High Court, including Justice S.N. Saxena, sought payment of the balance of their leave‑encashment amount or permission to deposit it in the Treasury after retirement. The Union of India refused, relying on the "one‑time settlement" concept in Rule 208 of the All India Services (Leave) Rules, 1955

M/S. TERI OAT ESTATES (P) LTD.versusU.T. CHANDIGARH AND ORS.

2003 INSC 74619 December 2003Disposed off

The appellant, M/s. Teri Oat Estates, purchased a lease‑hold site in Chandigarh and constructed a six‑storey building but failed to pay the instalments and ground rent on time, leading the Estate Officer to invoke Section 8‑A of the Capital of Punjab (Development and Regulation) Act, 1952 and cancel the lease with forf

STATE OF MANIPUR AND ANR.versusR.K. MANIKANTA SINGH AND ORS.

2003 INSC 74719 December 2003Disposed off

The State of Manipur appealed a High Court judgment that had directed monetary benefits for R.K. Manikanta Singh, a retired Additional Chief Engineer, based on a 1999 order relaxing eligibility criteria for promotion. Singh had been granted a relaxation under Rule 5 of the 1993 Recruitment Rules, enabling his considera

ITW SIGNODE INDIA LTD.versusCOLLECTOR OF CENTRAL EXCISE

2003 INSC 64719 November 2003Case Partly allowed

ITW Signode India Ltd., a manufacturer of box‑strappings from duty‑paid cold‑rolled steel strips, claimed that the product fell under tariff item 26AA(iii) and no further excise duty was payable. The Revenue argued that the product should be re‑classified under tariff item 68/7308.90 and that a short‑levy of duty could

UNION OF INDIA AND ANR.versusM/S. SOHAN LAL PUGLIA

2003 INSC 64819 November 2003Appeal(s) allowed

The Union of India entered into a contract for the supply and construction of a stone ballast machine, which contained an arbitration clause requiring the appointment of Gazetted officers as arbitrators for disputes exceeding Rs.5 lakh. When the Department failed to appoint an arbitrator, the contractor invoked the cla

PUNIT RAIversusDINESH CHAUDHARY

2003 INSC 40019 August 2003Appeal(s) allowed

The petitioner challenged the election of Dinesh Chaudhary to a Bihar Assembly seat reserved for Scheduled Castes, alleging that Chaudhary was a Kurmi (OBC) and not a Pasi (SC). The Returning Officer, despite lodging an FIR and having grave doubts about Chaudhary's caste certificate, accepted his nomination paper. The

DAVISversusSEBASTIAN

1999 INSC 34319 August 1999Appeal(s) allowed

The landlord (Davis) owned a building where he ran a hotel‑bar and sought eviction of his tenant (Sebastian), who operated a provision shop, under Section 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965, claiming a bona‑fide need for additional accommodation for a jewellery and textile business. The te

AKKANISSERY GOVINDAN NAMBIARversusKARIYATH RAGHAVAN

1998 INSC 31519 August 1998Case Allowed

The landlord sought eviction of a long‑term tenant under the Kerala Buildings (Lease & Rent Control) Act, 1965, claiming a bonafide need for his son to start a grocery business in the premises. After the initial dismissal, the landlord obtained vacant possession of an adjacent building and the tenant argued that this a

HOTEL SEA GULLversusSTATE OF WEST BENGAL AND ORS.

2002 INSC 15119 March 2002Dismissed

The appellant Hotel Sea Gull obtained a Panchayat sanction to construct a five‑storey hotel and built the ground and first floors. It then erected a second floor without obtaining permission under Section 46 of the West Bengal Town and Country (Planning and Development) Act, 1979. The planning authority issued notices

IMDAD ALIversusKESHAV CHAND AND ORS.

2003 INSC 10519 February 2003Appeal(s) allowed

The landlord of a shop in Neemuch sued the heirs of the original tenant for eviction after they defaulted on rent. The original tenant, Badri Lal, had previously avoided eviction by invoking the proviso to sub‑section (3) of section 12 of the Madhya Pradesh Accommodation Control Act, 1961, and paying arrears. After Bad

SAURASHTRA OIL MILLS ASSOCIATION, GUJARATversusSTATE OF GUJARAT AND ANR.

2002 INSC 8919 February 2002Dismissed

The Saurashtra Oil Mills Association challenged Gujarat's 2000 order fixing stock limits for edible oilseeds and edible oils, arguing that the Central Government's 1997 amendment deleting these items from its 1977 Storage Control Order implied repeal of the State's 1981 order and created a constitutional conflict. The

M/S GORA LALversusUNION OF INDIA

2003 INSC 74018 December 2003Dismissed

The appellant, Gora Lal, entered into a work contract with the Union of India that contained an arbitration clause requiring the arbitrator to "indicate his findings, along with the sum awarded, separately on each individual item of the dispute." A dispute arose over the final payment, and an arbitrator was appointed w

AMEER TRADING CORPORATION LTD.versusSHAPOORJI DATA PROCESSING LTD.

2003 INSC 63618 November 2003Dismissed

The respondent filed a suit for eviction in the Small Causes Court and submitted an affidavit as his examination‑in‑chief under Order 18 Rule 4 of the Code of Civil Procedure (CPC). The appellant objected, contending that because the decree was appealable, Order 18 Rule 5 should apply and the evidence should be taken o

REKHA MUKHERJEEversusASHISH KUMAR DAS AND ANR.

2003 INSC 63718 November 2003Appeal(s) allowed

The landlord (appellant) obtained a decree for eviction against the tenants (respondents) who simultaneously filed a suit for specific performance of a sale agreement. The Supreme Court dismissed the respondents' Special Leave Petition on the condition that the appellant would not execute the eviction decree until the

GOVERNMENT OF WEST BENGALversusTARUN K. ROY AND ORS.

2003 INSC 63818 November 2003Appeal(s) allowed

The Supreme Court heard a civil appeal filed by the Government of West Bengal against Tarun K. Roy and others, who were operators‑cum‑mechanics in the State Irrigation Department seeking the same pay scale as Sub‑Assistant Engineers on the ground of "equal pay for equal work". The petitioners argued that the two posts

SUDHAKAR VITHAL KUMBHAREversusSTATE OF MAHARASHTRA AND ORS.

2003 INSC 64018 November 2003Case Partly allowed

Sudhakar Vithal Kumbhare, a resident of Madhya Pradesh belonging to the Halba tribe, was promoted to Assistant Engineer in the Maharashtra State Electricity Board under a reserved post. The Board later reverted him to Junior Engineer, arguing that he was not entitled to reservation benefits in Maharashtra. The Supreme

K.K. JOHNversusSTATE OF GOA

2003 INSC 49618 September 2003Dismissed

The appellant, a contractor, entered into a construction contract with the State of Goa that provided for arbitration of disputes. An arbitrator rendered an award in 1994, but the civil court remitted the award on two specific points for reconsideration. The arbitrator resigned before completing the reconsideration, an

D.R. YADAV AND ANR.versusR.K. SINGH AND ANR.

2003 INSC 31918 July 2003Dismissed

The petitioners, D.R. Yadav and others, challenged a seniority list issued by the Uttar Pradesh Government after they and the respondent were absorbed into the U.P. Development Authorities Centralised Service. The dispute centered on whether seniority should be fixed under the general Uttar Pradesh Government Servants

SAYEDA AKHTARversusABDUL AHAD

2003 INSC 32118 July 2003Appeal(s) allowed

The landlord filed an eviction suit against the tenant under the Madhya Pradesh Accommodation Control Act, 1961, alleging non‑payment of rent and nuisance. The tenant failed to pay the arrears and did not apply for an extension of time to deposit the rent. The trial court decreed eviction, which was affirmed by the fir

M.P. VIDYUT KARAMCHARI SANGHversusM.P. ELECTRICITY BOARD

2004 INSC 18318 March 2004Dismissed

The case concerned a dispute over the retirement age of employees of the Madhya Pradesh Electricity Board. The Board, under Section 79(c) of the Electricity (Supply) Act, 1948, reduced the retirement age to 58 years by a notification dated 26‑December‑2000, overturning an earlier agreement (dated 10‑June‑1996) that had

DEEPAL GIRISHBHAI SONI AND ORS.versusUNITED INDIA ASSURANCE CO. LTD., BARODA

2004 INSC 18418 March 2004Dismissed

The appellants, children of deceased victims, filed parallel claims under Section 163-A (structured no‑fault compensation) and Section 166 (fault‑based compensation) of the Motor Vehicles Act, 1988. The High Court treated the Section 163‑A award as interim and allowed the claimants to retain the amount, prompting the i

STATE OF PUNJAB AND ORS.versusSAVINDERJIT KAUR

2004 INSC 18518 March 2004Dismissed

The respondent, a sewing teacher appointed in 1981, claimed that she should receive the same revised pay scale as Classical and Vernacular teachers. Her representation was rejected, and the Punjab and Haryana High Court allowed her writ petition, granting the higher scale. The State appealed, arguing that the Punjab St

VISHWANT KUMARversusMADAN LAL SHARMA AND ANR.

2004 INSC 18618 March 2004Dismissed

The appellant, a tenant, entered into a lease for a shop at Rs 5,000 per month in 1976 and in 1978 applied to the Rent Controller for fixation of a standard rent of Rs 1,350 under Section 9 of the Delhi Rent Control Act, 1958. While the application was pending, the 1988 amendment inserted Section 3(c), which excluded p

COMMISSIONER OF CENTRAL EXCISE, MUMBAI-IIversusM/S ALLIED PHOTOGRAHICS INDIA LTD.

2004 INSC 18718 March 2004Appeal(s) allowed

The Commissioner of Central Excise appealed against the refund granted to Mis Allied Photographies India Ltd (the sole distributor of New India Industries Ltd) for excise duty paid by the manufacturer under protest. The Court examined whether duty paid under protest falls under Section 11B of the Central Excise Act or

CHIEF FOREST CONSERVATOR (WILD LIFE) AND ORS.versusNISAR KHAN

2003 INSC 9918 February 2003Disposed off

The Supreme Court examined whether a licence could be granted to Nisar Khan for dealing in captive birds listed in Schedule IV of the Wildlife (Protection) Act, 1972 when hunting—including trapping—of those species is prohibited under Section 9. The High Court had directed the licensing authority to grant such a licenc

BHARAT BARREL AND DRUM MANUFACTURING CO.versusAMIN CHAND PEYARELAL

1999 INSC 6918 February 1999Appeal(s) allowed

Bharat Barrel and Drum Manufacturing Co. sued Amin Chand Peyarelal for recovery of a Rs. 6,20,000 promissory note dated 11 October 1961. The defendant claimed the note was executed as collateral security for an import contract and that no consideration was received, while the plaintiff asserted it was a loan. The High

NAIR SERVICE SOCIETYversusDISTT. OFFICER, KERALA PUBLIC SERVICE COMMISSION AND ORS.

2003 INSC 63317 November 2003Disposed off

The Kerala Public Service Commission (KPSC) prepared a main rank list of 177 candidates and a supplementary list of 62 reserved‑category candidates for Sub‑Engineer posts in the State Electricity Board. After 20 candidates (including open‑category and reserved‑category) failed to join, the KPSC refused to advise appoin

HABIBUNNISA BEGUM AND ORS.versusG. DORAIKANNU CHETTIAR (D) BY LRS. AND ORS.

1999 INSC 52417 November 1999Appeal(s) allowed

The landlord leased a premises under a single lease deed covering Door No.27, which later acquired an additional number (Door No.28) after a road split the property. The tenant constructed structures on both doors, claimed ownership of the structures, and paid rent only for the land, leading the landlord to sue for eje

BOMBAY STOCK EXCHANGEversusJAYA I. SHAH AND ANR.

2003 INSC 56317 October 2003Disposed off

The Bombay Stock Exchange (BSE) held the assets of a defaulting member, C.S. Shah, in its Defaulters' Committee, which is merely an association of persons and not a juristic entity. Ms. Indu Malhotra obtained an arbitration award against Shah, which was made a rule of court and a decree, and sought attachment of the fu

GAUTAM PAULversusDEBI RANI PAUL AND ORS

2000 INSC 48817 October 2000Disposed off

The case concerned a residential dwelling house that had been transferred through several generations and eventually a 1/9 share was sold to Gautam Paul, who was not a member of the undivided family that owned the house. Debi Rani Paul and Radha Rani Paul, members of that family, filed a suit for partition and invoked

STATE OF MAHARASHTRAversusM/S. S.D. SHINDE AND CO.

2003 INSC 49017 September 2003Appeal(s) allowed

The State of Maharashtra contracted Mis. S.D. Shinde & Co. to construct a project, but disputes led to arbitration under the Arbitration Act, 1940. An arbitrator issued an award and later filed an interim award before a Civil Judge seeking to have it made a rule of court, resulting in an interim order directing the gov

STATE OF PUNJAB AND ORS.versusCHARANJIT SINGH

2003 INSC 49117 September 2003Appeal(s) allowed

Charanjit Singh, a police constable, was suspended pending a disciplinary inquiry for misconduct. While under suspension he left the police lines without permission on three occasions. The disciplinary authority dismissed him, treating the period of absence as leave without pay. Singh filed a suit claiming the dismissa

RAMANUJ PRASADversusCOAL INDIA LTD. AND ORS.

2003 INSC 49217 September 2003Dismissed

Ramanuj Prasad, a Draftsman appointed by Bharat Coking Coal Ltd (a subsidiary of Coal India Ltd) in 1975, was promoted to Executive cadre as Public Relations Officer (E‑2) in 1987 and later assumed charge of the Public Relations Manager post (E‑5) in 1990 without a formal promotion order. A 1993 circular stipulated tha

NATIONAL INSURANCE CO. LTD., CHANDIGARHversusNICOLLETTA ROHTAGI AND ORS.

2002 INSC 38917 September 2002Disposed off

The Supreme Court examined whether a motor insurer can appeal a Motor Accidents Claims Tribunal award under Section 173 of the Motor Vehicles Act, 1988 when the insured has not filed an appeal. It held that an insurer’s right of appeal is limited to the statutory defences listed in Section 149(2) and cannot be used to

SANJAY MUSALEversusSTATE OF M.P. AND ORS.

1998 INSC 36617 September 1998Dismissed

The petitioner, Sanjay Musale, filed a writ petition in the Madhya Pradesh High Court alleging public interest, but the petition concealed material facts and appeared to be filed on behalf of another person. The High Court dismissed the petition, holding that there was no genuine public interest and that the court's pr

A. MOHAMMED BASHEERversusSTATE OF KERALA AND ORS.

2003 INSC 31717 July 2003Appeal(s) allowed

The Kerala Forest Department auctioned the right to collect residual tree growth and fire wood. The appellant bid Rs 3,00,100, but before the bid was confirmed a fire destroyed a substantial part of the subject matter. The appellant requested a reduction in the bid amount, yet the Managing Director confirmed the bid an

STATE OF KARNATAKAversusVISHWABHARATHI HOUSE BUILDING COOPERATIVE SOCIETY AND ORS.

2003 INSC 1917 January 2003Disposed off

The Supreme Court examined the constitutional validity of the Consumer Protection Act, 1986, particularly the Parliament's power to create a three‑tier consumer dispute redressal system parallel to the regular courts. The petitioners argued that Parliament lacked competence to establish such tribunals and that the Act

M.C. MEHTA ETC.versusUNION OF INDIA AND ORS.

1997 INSC 81816 December 1997Directions issued

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

MUNNALAL AGARWALversusJAGDISH NARAIN AND ORS

1999 INSC 52116 November 1999Dismissed

The landlord of a shop served a notice on 8 October 1972 to enhance rent under Section 5 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, but the tenant received it on 19 October, after the three‑month deadline that expired on 16 October 1972. The tenant refused to pay the enhanced rent

SECTOR 14 RESIDENTS WELFARE ASSOCIATION AND ORS.versusSTATE OF DELHI AND ORS.

1998 INSC 42816 November 1998Directions issued

The petitioners sought judicial intervention under Article 32 for the upgradation of sewerage management systems in the trans‑Yamuna area of Delhi and several sectors of NOIDA. The Supreme Court constituted a five‑member committee chaired by former Cabinet Secretary P.K. Kaul to examine the issues and submit a report.

SUSHIL KUMARversusRAKESH KUMAR

2003 INSC 55316 October 2003Appeal(s) allowed

The appellant challenged the election of the respondent to the Bihar Legislative Assembly on the ground that the respondent was under 25 years of age at the time of filing his nomination, violating Article 173(b) of the Constitution and Section 36(2) of the Representation of the People Act. The High Court dismissed the

STATE OF U.P. AND ORS.versusJAGJEET SINGH AND ORS.

2003 INSC 55116 October 2003Disposed off

The State of Uttar Pradesh ordered the closure of liquor shops licensed to Jagjeet Singh and others under Section 59 of the U.P. Excise Act during curfew periods caused by communal disturbances. The licensees sought remission of licence fees for the closure period, but the State refused. The High Court directed the Sta

M. ANASUYDEVI AND ANR.versusM. MANIK REDDY AND ORS.

2003 INSC 55416 October 2003Appeal(s) allowed

The parties, members of a joint Hindu family, referred a dispute over partition of family property to an arbitral tribunal, which delivered an award on 31 May 1998 (corrected on 10 June 1998). The respondents filed petitions under Section 34(1) of the Arbitration and Conciliation Act, 1996 seeking to set aside the awar

UNION OF INDIA AND ANR.versusV.N. BHAT

2003 INSC 55516 October 2003Dismissed

V.N. Bhat, a Lower Division Clerk in the Ministry of Defence since 1962, transferred to the Postal Department in 1982 and was placed at the bottom of the seniority list. The Post and Telegraph Department introduced a One Time Bound Promotion Scheme and a B.C.R. Scheme for employees with 16 or 26 years of service as Pos

STATE OF NAGALAND AND ANR.versusTOULVI KIBAMI AND ANR.

2003 INSC 55616 October 2003Appeal(s) allowed

The case concerned the promotion of a diploma‑holding Superintending Engineer to the post of Additional Chief Engineer in Nagaland. The High Court set aside the promotion on the ground that only degree‑holders were eligible, but the Letters Patent Bench reversed that decision and directed the State to consider meritori

S.P. BADRINATHversusGOVT. OF A.P. AND ORS. ETC. ETC.

2003 INSC 48016 September 2003Dismissed

The Supreme Court considered an appeal by S.P. Badrinath, a former Junior Assistant in the Chief Electrical Inspectorate of Andhra Pradesh, who had been promoted to Senior Assistant on the condition of passing the Accounts Test for Subordinate Officers Part I within two years. He passed the examination after the prescr

J. JERMONSversusALIAMMAL AND ORS.

1999 INSC 33316 August 1999Appeal(s) allowed

The tenant J. Jermons stopped paying rent to his landlord after a Tax Recovery Officer issued a prohibitory order under the Income Tax Act, directing him to pay the rent to the tax authority instead. He later complied with a notice under Section 226(3) of the Income Tax Act and paid the rent for the entire period to th

INDIAN BANKS' ASSOCIATION, BOMBAY AND ORS.versusM/S. DEVKALA CONSULTANCY SERVICE AND ORS.

2004 INSC 27516 April 2004Dismissed

The Supreme Court examined whether banks could round up the rate of interest on loans to the next 0.25% under Section 26C of the Interest Tax Act, 1974, thereby increasing the tax burden on borrowers. The Court held that Section 26C is merely an enabling provision to allow banks to recover the tax on chargeable interes

NORATANMAL CHOURARIAversusM.R. MURLI AND ANR.

2004 INSC 27016 April 2004Dismissed

The tenant, N. Chouraria, filed a complaint of misconduct against his landlord‑advocate, M.R. MurlI, alleging assaults and threats during rent‑control proceedings. The State Bar Council referred the complaint to the Disciplinary Committee of the Bar Council of India, which refused to inquire, noting the lack of any cri

UNION OF INDIAversusCHAJJU RAM (DEAD) BY LRS. AND ORS.

2003 INSC 23116 April 2003Appeal(s) allowed

The respondents' lands were requisitioned in 1971 under the Defence of India Act, 1971 for a military cantonment and later compulsorily acquired. Dissatisfied with the compensation, they sought reference to an arbitrator under Section 31, which was not done, and filed a writ petition challenging the Act’s validity for

COMMISSIONER OF WEALTH TAX, HYDERABADversusTRUSTEES OF HEH

2003 INSC 23216 April 2003Dismissed

The beneficiaries of the H.E.H. Nizam Jewellery Trust valued their interest in the trust's jewellery based on a valuer's report. The Commissioner of Wealth Tax challenged this valuation, arguing that the estate duty payable on the deemed death of the life tenant had been incorrectly deducted, among other objections. Th

BABU KHAN AND ORS.versusNAZIM KHAN (DEAD) BY LRS. AND ORS.

2001 INSC 20916 April 2001Case Allowed

The appellants, pucca tenants, filed an application under Section 91 of the Madhya Bharat Land Revenue and Tenancy Act, 1950 seeking reinstatement after being dispossessed, but the revenue authorities dismissed their claim. They subsequently filed a civil suit for declaration of title and possession, which the trial co

SAMARENDRA DAS, ADVOCATEversusTHE STATE OF WEST BENGAL AND ORS.

2004 INSC 3716 January 2004Dismissed

Samareendra Das, appointed as Assistant Public Prosecutor (APP) by the Governor of West Bengal, was terminated from service in 1979. He filed a writ petition under Article 226 of the Constitution in the Calcutta High Court, which was initially allowed by a Single Judge. On appeal, the Division Bench held that the APP i

BAR COUNCIL OF ANDHRA PRADESHversusKURUPATI SATYA NARAYANA

2002 INSC 47415 November 2002Appeal(s) allowed

The State Bar Council of Andhra Pradesh appealed against the Bar Council of India's Disciplinary Committee order that set aside the State Council's decision to strike off advocate Kurupati Satyanarayana for grave professional misconduct. The advocate had received Rs. 14,600 on behalf of a client in execution proceeding

THE STATE OF WEST BENGAL AND ORS.versusKESORAM INDUSTRIES LTD. AND ORS.

2004 INSC 3415 January 2004Disposed off

The case involved challenges to State legislation levying cesses on coal-bearing land, mineral-bearing land, brick-earth, and tea estates in West Bengal, and on mineral rights in Uttar Pradesh. The Constitution Bench, by a 4:1 majority (Lahoti, J. for himself, Khare CJI, Agrawal and Lakshmanan JJ.; Sinha, J. dissenting

S.K. PATTANAIK (DEAD) THROUGH LRS.versusSTATE OF ORISSA AND ORS.

1999 INSC 55714 December 1999Dismissed

The appellant imported Indian-made foreign liquor into Orissa and stored it in a licensed bonded warehouse. Part of the stock became sedimented, was deemed unfit for consumption and was destroyed. The State issued a notice for payment of countervailing duty of Rs.10,02,182, which the appellant contested on the ground t

I.R. COELHO (DEAD) BY LRS. ETC.versusTHE STATE OF TAMIL NADU ETC.

1999 INSC 39414 September 1999Matter referred to larger bench

The petitioners challenged the insertion of the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 and the West Bengal Land Holding Revenue Act, 1979 into the Ninth Schedule of the Constitution after they had been struck down as unconstitutional. The issue was whether such post‑1973 insertions, p

ISLAMIC ACADEMY OF EDUCATION AND ANOTHERversusSTATE OF KARNATAKA AND OTHERS

2003 INSC 39114 August 2003Matter referred to larger bench

The Supreme Court was asked to clarify several questions that arose from the T.M.A. Pai Foundation judgment concerning private unaided professional colleges. The petitioners, mainly minority and non‑minority unaided institutions, contended that they could fix their own fee structures, admit students by their own method

STATE OF MAHARASHTRA AND ANR.versusB.E. BILLIMORIA AND ORS.

2003 INSC 39314 August 2003Appeal(s) allowed

The State of Maharashtra appealed against a Bombay High Court order that had held the respondents, B.E. Billimoria and others, were within the ceiling limit of vacant land in Pune. The respondents jointly owned a 5,428.09‑sq‑m plot in Pune and each owned a flat in a Mumbai co‑operative housing society. The competent an

GURUVAYUR DEVASWOM MANAGING COMMITTEE AND ANR.versusC.K. RAJAN AND ORS.

2003 INSC 39414 August 2003Disposed off

The Supreme Court examined a petition that arose from a letter alleging mismanagement, corruption and maladministration in the Guruvayur Temple, which the Kerala High Court had treated as a public‑interest litigation (PIL) and responded by appointing a Commissioner to conduct a wide‑ranging enquiry. The Court held that

SHAJI KURIAKOSE AND ANR.versusINDIAN OIL CORPN. LTD. AND ORS.

2001 INSC 36914 August 2001Dismissed

The Supreme Court examined an appeal by landowners whose 7.13 acres in Manakunnam were acquired for an Indian Oil bottling plant. The award was initially Rs. 1,225 per acre, enhanced to Rs. 7,000 per cent by a reference court, but the Kerala High Court reduced it to Rs. 4,000 (wet land) and Rs. 6,500 (dry land). The ap

FOOD CORPORATION OF INDIAversusSREEKANTH TRANSPORT

1999 INSC 25814 May 1999Dismissed

The Food Corporation of India (FCI) and Sreekanth Transport entered into a government contract containing an arbitration clause and an excepted‑matter clause (clause 12) that vested final authority in the Senior Regional Manager. Sreekanth Transport filed a suit under Section 20 of the Arbitration Act, 1940 seeking to

STATE OF U.P. AND ORS.versusVIJAY KUMAR JAIN

2002 INSC 14214 March 2002Disposed off

V.K. Jain, an Assistant Engineer promoted to Executive Engineer in Uttar Pradesh, was compulsorily retired under U.P. Fundamental Rule 56(c) after a Screening Committee considered four adverse entries in his character roll, including a withholding of integrity. The High Court set aside the retirement, holding that only

BALDEV SINGH GANDHIversusSTATE OF PUNJAB AND ORS .

2002 INSC 8114 February 2002Appeal(s) allowed

Baldev Singh Gandhi, an elected municipal councillor, publicly criticised the house‑tax assessment list prepared by the Municipal Council of Jandiala Guru, using pamphlets, loud‑speakers and inviting taxpayers to discuss grievances. The Punjab State Government claimed his actions caused difficulty in tax collection and

M/S PARK LEATHER INDUSTRY (P) LTD. AND ANR.versusSTATE OF U.P.

2001 INSC 9014 February 2001Dismissed

Park Leather Industry and another, engaged in preparing tanned leather, challenged the levy of market fees imposed by the State of Uttar Pradesh under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964, on the ground that tanned leather is a distinct manufactured commodity and not "hides and skins" covered by the d

KARNATAKA STATE ROAD TRANSPORT CORPORATIONversusASHRUFULLA KHAN AND ORS.

2002 INSC 2214 January 2002Appeal(s) allowed

The Karnataka State Road Transport Corporation (KSRTC) challenged the grant of a stage‑carriage permit to private operators Ashrufulla Khan et al. for a route that overlapped a small portion of a notified route covered by a scheme of total exclusion prepared under Chapter IVA of the Motor Vehicles Act, 1939. The High C

VANNATTANKANDY IBRAYIversusKUNHABDULLA HAJEE

2000 INSC 59713 December 2000Dismissed

The appellant, a tenant of a shop let under the Kerala Buildings (Lease and Rent Control) Act, 1965, saw the shop completely destroyed by fire. He rebuilt a new shop on the vacant land without the landlord's consent, prompting the landlord to sue for demolition of the new structure and possession of the land. The trial

STATE OF ORISSA AND ORS.versusJOGINDER PATJOSHI AND ANR.

2003 INSC 62913 November 2003Appeal(s) allowed

The case concerned the interpretation of Rule 8(1)(a) and (b) of the Orissa Revised Scales of Pay Rules, 1985, which governed the fixation of pay for university lecturers and professors after a revision of pay scales. The petitioners, who were professors, argued that, in addition to being placed at the minimum of the r

CHAIRMAN AND M.D., B.P.L. LTD.versusS.P. GURURAJA AND ORS.

2003 INSC 53913 October 2003Appeal(s) allowed

The Karnataka Industrial Area Development Board (KIADB) allotted 175 acres of industrial land to B.P.L. Ltd. under Regulation 13, a special‑case provision, after a High Level Committee’s deliberation. A public‑interest litigation challenged the allotment on grounds that the Board exceeded its statutory purpose, fixed a

AHMEDABAD MUNICIPAL CORPORATION AND ANR.versusNILAYBHAI R. THAKORE AND ANR.

1999 INSC 47713 October 1999Appeal(s) allowed

The Ahmedabad Municipal Corporation (AMC) runs N.H.L. Municipal Medical College and, through Rules 6(i) and 7, defined a "local student" as one who passed qualifying examinations from schools located within the municipal limits. Permanent residents of Ahmedabad who obtained their qualifications from schools in the adja

SURJIT KAURversusNAURATA SINGH AND ANR.

2000 INSC 44413 September 2000Disposed off

Surjit Kaur entered into an agreement to sell her land to Naurata Singh, receiving Rs 20,000 as advance, with the condition that mutation and possession be delivered before execution of the sale deed by 30 June 1981. A suit filed by a third party obtained an interim injunction restraining alienation, preventing the app

STATE OF HARYANA AND ORS.versusINDIRA KUMARI

2003 INSC 39013 August 2003Dismissed

The respondents, language teachers employed by the State of Haryana, sought promotion on the ground that the Certificate of Junior Basic Training (J.B.T.) should be treated as equivalent to the required Orientation Training (O.T.). The State had issued a notification on 12 March 1976 declaring J.B.T. equivalent to O.T.

SMT. RAMKUBAI SINCE DECEASED BY LRS.versusHAZARIMAL DHOKALCHAND CHANDAK AND ORS.

1999 INSC 33113 August 1999Appeal(s) allowed

The legal representatives of the deceased landlady, Smt. Ramkubai, filed a suit for possession of premises against the tenants, alleging default in rent, sub‑letting and a bona fide requirement to set up a Kirana shop for her son Bhikchand. The trial court granted eviction, but the appellate and High Courts reversed, f

STATE OF KARN ATAKA AND ORS.versusDRIVE IN ENTERPRISES

2001 INSC 14113 March 2001Appeal(s) allowed

The respondent, Drive‑In Enterprises, operated a drive‑in cinema where patrons could view films while seated in their motor cars. The State of Karnataka imposed an entertainment tax on the admission of each motor vehicle into the auditorium under sub‑clause (v) of clause (i) of Section 2 of the Karnataka Entertainment

K.T. VENATAGIRI AND ORS.versusSTATE OF KARNATAKA AND ORS.

2003 INSC 7813 February 2003Disposed off

The appellants, manufacturers of liquor, challenged Karnataka's 1989 amendment that appointed Mysore Sales International Ltd (MSIL) as the sole distributor of liquor, arguing that the interim stay order of 20 November 1989, which required payment of compensation to MSIL if the appeals were dismissed, should not bind th

SUBAL PAULversusMALINA PAUL AND ANR.

2003 INSC 7913 February 2003Dismissed

The appellant, son of the testator, applied for probate of his father's will. The Additional District Judge rejected the application, but the Gauhati High Court, on appeal under Section 299 of the Indian Succession Act, 1925, granted letters of administration. The respondents filed a letters‑patent appeal against the H

BHAGWANDAS FATECHAND DASWANI AND ORS.versusH.P.A. INTERNATIONAL AND ORS.

2000 INSC 1913 January 2000Appeal(s) allowed

In this civil appeal, the appellant (subsequent purchasers) challenged a Madras High Court decree for specific performance that had been affirmed after a trial court judgment. The High Court hearing concluded on 22 March 1989, but the judgment was delivered only on 24 January 1994, a delay of nearly five years. The app

STATE OF TRIPURA AND ORS.versusK.K. ROY

2003 INSC 71612 December 2003Disposed off

K.K. Roy was appointed as Law Officer‑cum‑Draftsman in the Government of Tripura to a single‑post cadre that had no promotional avenues. He filed a writ petition seeking at least two promotional avenues, and the High Court directed the State to create a graded pay scale. The State appealed, arguing that the employee ha

K.S. BHOIRversusSTATE OF MAHARASHTRA

2001 INSC 60512 December 2001Dismissed

The Maharashtra Health Sciences Common Entrance Test of 2001 contained errors in the biology paper of one version, leading the State to re‑evaluate answer sheets and issue a revised merit list that displaced several already admitted students. To accommodate the displaced candidates, the State Government sought a one‑ti

DHARAM CHAND AND ORS.versusHARYANA AGRICULTURAL UNIVERSITY AND ORS

2003 INSC 62612 November 2003Dismissed

The appellants, clerical staff appointed after 6 June 1980, challenged a University notification that gave a higher pay scale to clerks appointed before that date, invoking the principle of equal pay for equal work. The University had revised pay scales on 6 June 1980 and, following the Anomaly Removal Committee’s reco

DULAL PODDARversusEXECUTIVE ENGINEER, DONA CANAL DIVISION AND ORS.

2003 INSC 62712 November 2003Dismissed

The appellant, a contractor, entered into a canal construction contract with the respondent department, which contained an arbitration clause appointing the Superintending Engineer as arbitrator. After an interim award, the arbitrator failed to pass a final award, prompting the contractor to invoke Section 8 of the Arb

INDIRA VIJversusSTATE OF HARYANA

2003 INSC 62812 November 2003Dismissed

Indira, an English teacher who became Head of Department in Applied Sciences at a government polytechnic, sought promotion to Principal of an Engineering Institute. Under the Haryana Technical Education Department (Group‑A) Service Rules, Rule 9(1)(c)(i) allowed promotion only from Heads of Departments in Engineering,

THE COMMUNIST PARTY OF INDIA (M)versusBHARAT KUMAR AND ORS.

1997 INSC 72612 November 1997Dismissed

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

RAJINDER KRISHAN KHANNA AND ORS.versusUNION OF INDIA AND ORS.

1998 INSC 39312 October 1998Disposed off

The appellants, owners of agricultural land and houses in Panipat, filed a writ petition alleging that effluent discharge from National Fertilizer Ltd's plant damaged their crops, mango orchards, residential buildings and rendered the land unfit for cultivation. The High Court dismissed the petition and the appellants

SMT. DILBOO (DEAD) BY LRS. AND ORS.versusSMT. DHANRAJI (DEAD) AND ORS.

2000 INSC 44012 September 2000Appeal(s) allowed

The case concerned a suit for redemption of a mortgage executed in 1902 by a widow, Lakshamania, in favour of Ram Charan Sonar. The plaintiff, claiming to be an heir of Lakshamania, filed the suit in 1960 after a series of subsequent mortgages, sales and redemptions involving the property. The trial court and the first

LADU RAMversusGANESH LAL

1999 INSC 32312 August 1999Appeal(s) allowed

Ladu Ram, the landlord, filed an eviction suit against tenant Ganesh Lal under Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, alleging default in rent payment but did not seek a separate decree for recovery of arrears. The trial court provisionally determined the rent due under Sec

DATTARAM S. VICHARE .versusTHUKARAM S. VICHARE AND ORS.

1999 INSC 32512 August 1999Appeal(s) allowed

The appellant, D.S. Vichare, was allotted a one‑room flat by the Bombay Housing and Area Development Board under the Maharashtra Housing and Area Development Act and indicated on Form C that his brother and sister‑in‑law would occupy the premises. Subsequent board inspections alleged that the appellant had sublet the f

M.C.MEHTAversusUNION OF INDIA & ORS

1998 INSC 22712 May 1998Directions issued

In M.C. Mehta v. Union of India & Ors., the Supreme Court examined the State's failure to implement its earlier directions aimed at curbing chaotic traffic and vehicular pollution in Delhi, which affect the right to life under Article 21 and the State's duties under Articles 47, 48A and 144 of the Constitution. The Cou

N.K. PRASADAversusGOVERNMENT OF INDIA AND ORS.

2004 INSC 25112 April 2004Dismissed

The appellant, N.K. Prasada, was respondent No.8 in two writ petitions filed as public interest litigations (PIL) in the Andhra Pradesh High Court alleging malfunctioning of the Commissioner of Central Excise and Customs. The High Court held that the petitions were engineered by the appellant to avoid a transfer order,

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