V N KHARE

The Union of India sought to set aside an arbitration award that granted damages to Mis. Banwari Lal & Sons for the use of a commercial property requisitioned under the Requisitioning and Acquisition of Immovable Property Act, 1952. The Act lapsed on 10‑Mar‑1987, after which the Court permitted the Union to remain in p…

The petitioners, who were temporarily promoted to Assistant Traffic Manager (ATM) positions under the A.P. State Road Transport Corporation's recruitment regulations, challenged their placement below direct recruits in the integrated seniority list of 1994. The core dispute was whether seniority should be determined by…

Andhra Bank, a "corresponding new bank" under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, issued a circular under Regulation 17(1) of its Officers' Service Regulations to promote certain Regional Managers to Assistant General Manager. Two officers (Respondents 1 and 2) challenged the cir…

The respondent, Sun Bright Marketing Pvt. Ltd., was awarded a contract to operate Indian‑Made foreign liquor shops but received its licence three days after the contract’s commencement. The shops were forced to close for three days each due to municipal elections, political agitation, and a three‑day delay in licence i…

The case concerned employees of the Kerala Water Authority who were either degree‑holders or diploma‑holders that later obtained a degree (AMIE) while in service. The respondents (diploma‑holders) challenged Kerala Engineering Service (General Branch) Rules 4 and 5, arguing that the rules denied them any weightage for …

T.N. Alloy Foundry Co. Ltd., a company incorporated under the Indian Companies Act, sued the Tamil Nadu Electricity Board and others for damages arising from non‑supply of electricity between 28 March 1983 and 16 October 1992. The suit was filed in March 1993, and in July 1998 the company sought to amend the plaint to …

In a motor accident, Sanjiv Kumar Jha died and his heirs obtained a compensation award of Rs. 3,91,500 from the Motor Accident Claims Tribunal, Bhagalpur. The insurer, New India Assurance Co., appealed, first to a Single Judge of the Patna High Court, which dismissed the appeal as non‑maintainable, and then via a lette…

The petitioners challenged the preventive detention of the husband of A.C. Razia under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The detention order relied on statements and retractions recorded in Malayalam, but the Central Government, which considered the detenu…

In a Uttar Pradesh Legislative Assembly election for a seat reserved for Scheduled Castes, the appellant challenged the election of the respondent on the ground that the respondent was not a member of a Scheduled Caste. The election petition relied on various statements about the respondent's caste certificates and all…

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

The Supreme Court examined the role of the Andhra Pradesh Government in granting essentiality certificates required for establishing new medical or dental colleges under the Medical Council of India Act and its Regulations. The High Court had held that the State had no authority to decide the location of such colleges,…

The appellants, engineers employed by the Kerala State Electricity Board, were appointed on an ad‑hoc basis between 1976 and 1979 and later regularised after passing departmental exams. The Kerala Public Service Commission (KPSC) refused to concur with the regularisation dates, leading the Board to refer the dispute to…

The landlady, a widow of a retired government servant, sought eviction of four tenants under Section 13A of the East Punjab Urban Rent Restriction Act, 1949, as extended to Chandigarh. The Rent Controller initially ordered eviction of two tenants, but the High Court held that only one tenant could be evicted and allowe…

Edward Keventer Pvt Ltd, a manufacturer of the ready‑to‑serve fruit drinks ‘Frooti’ and ‘Appy’, challenged a market fee notice issued by the Bihar State Agricultural Marketing Board under the Bihar Agricultural Produce Market Act, 1960. The Board treated the drinks as mango and apple products and sought fee collection.…

Sanwar Mal, a former Class‑IV employee of UCO Bank who resigned in 1988, sought to join the bank's Employees' Pension Scheme introduced in 1995 under a 1993 settlement. The bank refused, invoking Regulation 22 which disqualifies any employee who has resigned, been dismissed or removed from pension benefits. The employe…

Suneta Aggarwal applied for a Hindi lecturer post in a government‑aided college. The Selection Committee recommended her, but the Vice‑Chancellor disapproved the recommendation and ordered the post to be re‑advertised. Aggarwal applied again after the re‑advertisement, appeared before the new Selection Committee withou…

Amar Nath Chowdhury, an employee of Braithwaite & Co. Ltd., was removed from service by the Disciplinary Authority, who was also the Chairman‑cum‑Managing Director of the company. He appealed the removal before the Board of Directors, but the same Chairman‑cum‑Managing Director presided over and participated in the Boa…

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

The suit concerned a property originally belonging to Krishnan Nair, which was attached in execution. To raise funds, Nair executed a sale deed (Exhibit A‑5) in favour of Kesavan Channar, simultaneously executing an agreement (Exhibit A‑6) to sell the same property to his relative Kochu Kunja Nair after ten years, and …

The plaintiff sought a share in a property based on a registered settlement deed dated 26 March 1915 executed by the deceased Muthuswamy Pillai. The defendant claimed that a subsequent oral family arrangement in 1941 had modified the deed, allocating the property exclusively to him and giving cash to the other sons. Th…

The Marwari Kumhar community, which used a dharamshala for religious functions, sued the heirs of a former pujaris (the respondents) for a declaration of title to the property in 1945. The trial court and later the High Court affirmed the community's title, holding the respondents were merely pujaris. After the decree …

The Supreme Court examined whether the Election Commission of India (ECI) could de‑register a political party under Section 29A of the Representation of the People Act, 1951 when the party called a hartal that involved force, intimidation or coercion, allegedly violating the Constitution. The Kerala High Court had dire…

The husband and wife married, had children and the husband purchased properties using dowry cash and jewellery, promising to transfer them to the wife. After the husband pronounced talaq, the wife filed a suit in the Family Court under the Family Courts Act claiming ownership of the properties. The Family Court decreed…

A competitive examination for 28 subordinate judge posts in Haryana resulted in 42 qualified candidates, of whom 10 were from reserved categories. Seven reserved vacancies remained unfilled and were later de‑reserved, allowing 18 general‑category appointments. The appellant, a reserved‑category candidate, challenged th…

The Supreme Court examined whether the Andhra Pradesh government could extend reservations for Scheduled Castes, Scheduled Tribes and Backward Classes to the 15% of seats left unreserved for non‑local candidates under the 1974 Presidential Order. The appellant, N.T.R. University of Health Sciences, argued that reservat…

The Gujarat Government appointed Shri N.A. Acharya as President of the Industrial Court by nomination, invoking draft recruitment rules prepared by the High Court. The Gujarat Kishan Mazdoor Panchayat challenged the appointment, arguing that Section 10(2) of the Bombay Industrial Relations Act, 1946 required the Presid…

The State of Andhra Pradesh enacted the Andhra Pradesh State Council of Higher Education Act, 1988 to address gaps identified in the earlier 1986 Commissionerate Act, which had been struck down as ultra vires in Osmania University Teachers Association. A university teacher challenged the 1988 Act, arguing that it encro…

The Supreme Court examined whether the Government of Maharashtra could demand additional supervision charges from Deokar's Distillery after the State revised its civil service pay scales with retrospective effect. The licencees had paid supervision fees in advance as required by the Bombay Prohibition Act, 1949 and rel…

The appellant, a contractor, entered into a contract with the State of Madhya Pradesh to construct a hostel, but the contract was rescinded by the State alleging insufficient progress. The appellant sued for the contract price of Rs 32,000 and claimed Rs 20,000 as damages for loss of profit. The trial court decreed the…

The appellant, a financial institution, obtained a decree against the respondents for a sum of Rs 5,25,451.07 plus interest, costs and future interest, payable in monthly instalments. The respondents paid instalments but claimed the payments were to be applied only to the principal, not to interest or costs. The execut…

The appellants, cooperative sugar factories, were compelled by 1972 government orders to sell sugar at a controlled price of Rs.124.59 per quintal. They obtained interim injunctions from the Gujarat High Court restraining the orders, which were later made absolute, but the writ petitions were eventually dismissed as in…

Damodar Valley Corporation (DVC) recruited both science graduates and engineering diploma holders as Assistant Operators/Operators between 1969 and 1977. Later DVC decided to upgrade all existing diploma engineers to the rank of Assistant Controller and to create a separate Sub‑ordinate Engineering Service Cadre for th…

The appellant, Ram Chandra Singh, purchased mortgaged land at a court auction after the bank obtained a decree against the mortgagor for defaulting on a loan. The mortgagor and his sister obtained a consent order from the High Court directing payment of the decretal amount in instalments, but the appellant alleged that…

Pure Helium India Ltd. won the lowest bid to supply helium gas to ONGC, quoting a composite price of Rs.149 per cubic meter that included a US$4.60 foreign‑exchange component. When the dollar appreciated, Pure Helium claimed compensation for the exchange‑rate difference, and a three‑member arbitral tribunal awarded it …

The Union of India entered into a construction contract with Mis V. Pundarikakshudu and Sons, which was later terminated under clause 54. Both parties submitted claims to a sole arbitrator, who awarded Rs. 14,31,463 to the contractor and Rs. 33,95,000 to the Union, despite finding the Union responsible for delay. The c…

The dispute concerned an eviction order passed by the Rent Controller against the appellants, which was set aside by an appellate authority due to a title dispute. The High Court later affirmed the eviction order, prompting the respondents to file Special Leave Petitions (SLPs) before this Court, which were dismissed. …

The Supreme Court entertained a public‑interest writ petition alleging that numerous Bihar‑owned public sector undertakings had failed to pay salaries for years, leading to starvation deaths and suicides of employees and their families. The petition sought directions for payment of arrears and held the State of Bihar l…

The petitioners, employed as Legal Assistants in the Rajasthan Education Department, applied for the Rajasthan Judicial Service but had not completed the statutory three‑year active practice at the Bar. The Rajasthan Public Service Commission cancelled their candidature on that ground. The petitioners argued that repre…

The petitioners challenged a High Court order on the interpretation of Section 5(4)(a) of the Administrative Tribunals Act, 1985, contending that a Chairman who is a Judicial Member could also act as an Administrative Member on another bench. The Supreme Court examined the language of the provision, which allows a Chai…

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

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

Respondent Gurmit Singh applied for a flat under the Chandigarh Housing Board’s 1976 regulations, claiming to be a domicile of the Union Territory of Chandigarh but failed to produce a domicile certificate. The Board repeatedly requested proof of domicile; when none was furnished, it cancelled the allotment. The Punjab…

The Supreme Court examined an arbitration award arising from a turnkey housing contract between Army Welfare Housing Organisation (AWHO) and Sumangal Services Pvt. Ltd. (Sumangal). The Court held that the arbitrator had no jurisdiction to pass an interim injunction under Section 41(b) of the Arbitration Act, 1940, and …

The appellant, a contractor, entered into a work contract with National Fertilizers Ltd. that required any dispute to be referred to the sole arbitration of the General Manager, or, if unavailable, to a Deputy Manager of not lower than Dy. Manager rank. When a dispute arose, the Deputy General Manager (Materials) acted…

The Supreme Court examined the constitutionality of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, enacted to facilitate speedy recovery of non‑performing assets. The Court held that the Act is valid and serves a public‑interest goal of improving liquidity, but…

The case concerned an election conducted under the Punjab Municipal (President and Vice‑President) Election Rules, 1994, where voting was by show of hands. One member, Sher Singh, voted for the respondent and his vote was recorded and counted. The presiding officer later ordered a re‑poll, claiming it was a recount of …

The Supreme Court examined a suit by Gujjar Singh, a sixth‑degree collateral of Jagjit Singh, seeking declaration of his right to succeed to Jagjit Singh's land. The trial court had dismissed the suit on the ground that the appellants (descendants of Rulia Singh) were in adverse possession, but the appellate courts rev…

The petitioners, former members of the Orissa Subordinate Administrative Service (Junior Branch) who became part of the integrated Orissa Administrative Service after the 1973 merger, challenged Section 2 of the Orissa Administrative Service, Class‑II (Appointment of Officers Validation) Amendment Act, 1992. They argue…

The landlady (appellant) sued the partnership firm W.B. Engineering Co. for eviction on the grounds of personal use and alleged sub‑letting of a residential premises let under the West Bengal Premises Tenancy Act, 1956. The tenancy began on 1‑Dec‑1965 with the firm as tenant; an employee, Mr. Tahilian, occupied the pre…

The case involved a partnership firm that owned a newspaper, which was allegedly transferred to a newly incorporated company. A settlement deed purporting to resolve private disputes among the partners was recorded by the Madhya Pradesh High Court in a writ petition, even though the deceased appellant, Dwarka Prasad Ag…

The case involved a dispute between the heirs of the late Dwarka Prasad Agarwal and his partner Ramesh Chandra Agarwal over control of the printing press and newspaper business of Dainik Bhaskar. Ramesh Chandra Agarwal allegedly forged a lease, altered the partnership settlement, and took forcible possession of the pre…

Farid Sattar, a Senior Accountant, sought a mutual transfer which was not permissible and was advised to apply for a unilateral transfer that required him to revert to the lower post of Accountant as a direct recruit, forfeiting his senior status. After the transfer his pay was mistakenly fixed at the higher Senior Acc…

The Supreme Court examined the acquisition of over 600 hectares of land in Ujjain, Madhya Pradesh, where a notification under Section 4(1) of the Land Acquisition Act was re‑issued on 21 August 1985, a declaration under Section 6 on 25 July 1986 and an award on 22 July 1988. The High Court had annulled the 1985 notific…

The West U.P. Sugar Mills Association and other sugar factories challenged a circular issued by the Uttar Pradesh Cane Commissioner that, after the expiry of a temporary amendment (Rule 49) prescribing a society commission of 2.69% of the minimum statutory cane price, the commission should revert to 5%. The factories a…

The original owner, Smt. Vidyawati Devi, sold land to the appellants on 12 July 1984, and their names were entered as tenure holders in the revenue records. Respondents 3 and 4 forged a sale deed dated 24 July 1984, impersonating the vendor, and attempted to dispossess the appellants. The appellants filed a civil suit …

Ashok Leyland Ltd., a manufacturer of commercial vehicles, filed Form F under Section 6A(2) of the Central Sales Tax Act, 1956 claiming that transfers of goods to its regional offices were stock transfers, not inter‑State sales. The Tamil Nadu assessing authority accepted the Form F, but later reopened the assessment, …

R. Vishwanatha Pillai was appointed to posts reserved for Scheduled Castes on the basis of a caste certificate that was later found to be false. An anthropological enquiry and a Scrutiny Committee confirmed that he did not belong to a Scheduled Caste, leading to the cancellation of his appointment. The Supreme Court he…

The Punjab Government issued notifications under Sections 3 and 4 of the Punjab Panchayati Raj Act, 1994 to declare the territorial area of a new Gram Sabha (Khanpur) and to establish it, thereby excluding parts of the existing Gram Sabha (Wazidpur). Sarpanch and a Gram Panchayat member of Wazidpur challenged the notif…

The appellant-landlord filed an eviction suit under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bonafide requirement to use the premises for a motorcycle showroom. The trial court held that the landlord needed the premises and that no other suitable shop was vacant; the first appe…

The Supreme Court considered a petition filed under Article 32 seeking clarification on the constitution of an Environment Pollution (Prevention and Control) Authority for the National Capital Region (NCR) under Section 3 of the Environment Protection Act, 1986. The Court examined whether the earlier order of 13 Septem…

The State of Maharashtra decided to establish a government medical college at Kolhapur, which was challenged by the Indian Medical Association on the ground that the State had not filed an application with the Maharashtra University of Health Sciences under Section 64 of the Act and that the decision contravened the un…

The appellant contested the election of the respondent from the Kundara Legislative Assembly constituency and filed an election petition alleging that the respondent had committed corrupt practices under Section 123 of the Representation of the People Act, 1951 by publishing a defamatory pamphlet through agents K.C. Ma…

In the Kerala Department of Agriculture, Soil Survey Assistants were temporarily promoted to Assistant Director (Soil Survey) from 1964 to 1980 because a Departmental Promotion Committee (DPC) had not been constituted. When the DPC was finally formed in 1984, it regularised those temporary promotions by granting them r…

The Karnataka Village Officers' Abolition Act, 1961 abolished hereditary village offices but permitted existing holders to continue on an ad‑hoc basis. The respondents, appointed as Gram Sahayaks on a compassionate, contract basis between 1979‑1983, sought regularisation as Group D employees with salary parity. The Kar…

The respondents, appointed as JBT teachers in Haryana in the early 1980s, already possessed B.Ed. or equivalent qualifications before their appointments. They claimed entitlement to a higher pay scale under a 1957 Punjab Government circular that linked higher qualifications to higher grades. The State issued a 1990 Gov…

The appellants obtained a decree in England for a sum of about Rs. 3.6 crore and sought execution in Delhi, leading to attachment of the respondent's immovable property. While the attachment was pending, the respondent filed a suit in Delhi seeking a declaration that the foreign decree was void and obtained a stay of e…

The Municipal Council of Khurai received a 7‑acre parcel of land (Khasra No. 412/2) as a gift in 1912 to establish a grain market. The Council later transferred the land to the Krishi Upaj Mandi Samiti (Market Committee) under the Madhya Pradesh Agricultural Produce Markets Act, 1960, and claimed compensation for the t…

The builders, represented by Bakhtawar Trust, obtained permission to construct an eight‑storey building of 80 ft height, which the adjoining property owner challenged on the ground that it violated the Zonal Regulations prescribing a maximum height of 55 ft under the Karnataka Town and Country Planning Act, 1965. The K…

The Union of India appealed a Punjab & Haryana High Court order that set aside a non‑speaking award given by an arbitrator under Section 7‑B of the Telegraph Act, 1885, on the ground that the award lacked reasons. The respondents had challenged the award by a writ petition under Article 226 of the Constitution. The Uni…

The respondent, a widow of a deceased railway employee, was receiving a family pension and was appointed on compassionate grounds as a railway employee, drawing both salary and family pension. She also received dearness relief on both the salary and the pension, which the railway authorities later deducted from the pen…

The State of Kerala and Indian Aluminium Co. Ltd. disputed the effect of the 1983 amendment inserting Section 49(5) into the Electricity (Supply) Act, 1948. The company had a special agreement under Section 49(3) for electricity at concessional rates and enjoyed a partial exemption from electricity duty under the Keral…

The appellants, rice millers and commission agents, challenged the levy of market fee on rice imposed by Marketing Committees under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, arguing that the Karnataka Rice Procurement (Levy) Order, 1984 (a Control Order issued under the Essential Commodities …

The appellants, owners of land acquired under Section 4 of the Land Acquisition Act, 1894, challenged the compensation awarded by the Special Land Acquisition Officer. The Reference Court enhanced the compensation, granted a 30% statutory solatium under Section 23(2) and an additional amount under Section 23(1A). The G…

The petitioners sought disclosure of the Atomic Energy Regulatory Board's (AERB) safety report under the right to information, claiming that Section 18 of the Atomic Energy Act, 1962, which restricts disclosure of nuclear information, was ultra‑vires and lacked guidelines. The Union of India contended that the right to…

The case concerned a claim for compensation by the family of a 16‑year‑old who died as a gratuitous passenger in a goods vehicle insured by National Insurance Co. Ltd. The Motor Accident Claims Tribunal and the Punjab & Haryana High Court had held the insurer liable, relying on the earlier Satpal Singh decision. On app…

The widow of Pravinlal Madhvani sued the Madhvani brothers for partition of a tea estate, accounts of a family partnership and mesne profits, seeking 6% interest. While the appeal of the preliminary decree was pending, the High Court allowed an amendment to raise the interest rate to 13% and awarded interest at prevail…

Ahmednagar Zilla S.D.V. and P. Sangh Ltd., a specified cooperative society, amended its bye‑laws to classify member societies into classes A, B and C based on milk supply. The amendment was approved by the Deputy Registrar, and a voters' list was prepared for the election of the managing committee. Respondents appealed…

The appellant, M.B.L. Gupta Construction, entered into a contract with the respondent, Bharat Cooperative Group Housing Society, to construct 308 dwelling units, which included an arbitration clause for dispute resolution. After completing the work, a dispute arose and the matter was referred to a sole arbitrator, who …

The appellant, a contractor, executed a contract with Gulbarga University for constructing an indoor stadium. Clause 30 of the contract stipulated that any dispute would be decided by the Superintending Engineer of the Gulbarga Circle, whose decision would be final and binding. After the Engineer rendered an award, the…

Grosons Pharmaceuticals Ltd., an approved contractor for supplying drugs to the Uttar Pradesh government, was blacklisted after a vigilance inquiry uncovered irregularities and a criminal prosecution under the Prevention of Corruption Act and Section 120 IPC was launched. The State issued a show‑cause notice, the appel…

The tenant, Brij Bhushan, applied to the Rent Controller under Section 6A of the Haryana Urban (Control of Rent and Eviction) Act, 1973, to deposit rent because the landlord, Kewal Kumar, refused to accept rent and give a receipt. The tenant deposited Rs. 7,500 covering rent from 12‑Feb‑1987 to 11‑May‑1988. The landlor…

The tenant, V. Radhakrishnan, occupied a non‑residential building owned by S.N. Loganatha Mudaliar, who filed an eviction petition on the grounds of alleged rent default and a bonafide personal requirement to set up his son’s business. The Rent Controller dismissed the petition, finding no default and no bonafide requi…

The plaintiff‑respondent filed a suit for declaration and possession which was dismissed, and the subsequent appeal was also dismissed. The plaintiff then filed a second appeal under Section 100 of the Code of Civil Procedure before the Kerala High Court. The High Court entertained the second appeal and decreed in favo…

The Supreme Court examined whether the Bangalore Development Authority (BDA) could lawfully sell a 1‑acre‑20‑guntas plot to Printers (Mysore) Ltd. for setting up a printing industry. The Court held that Section 38 of the BDA Act confers unrestricted power to lease, sell or transfer property unless specific restrictions…

Bharat Petroleum Corporation Ltd. (BPC) sought renewal of a lease originally granted to Burmah Shell in 1967, which contained a renewal clause. The Burmah Shell (Acquisition of Undertakings) Act, 1976 transferred Burmah Shell's rights to the Central Government and subsequently to BPC, creating a legal fiction that BPC …

The Chhattisgarh Rural Agriculture Extension Officers Association, originally appointed as matriculate Village Level Workers, were transferred to the Agriculture Department and redesignated as Rural Agriculture Extension Officers. The State of Madhya Pradesh, invoking a policy that only graduates could fill the post, c…

The dispute arose from the election of Mukhiya of a Gram Panchayat in Bihar where the appellant, after allegedly filing an application for recount with the Returning Officer that was ignored, sought a recount through an election petition. The Munsif ordered a recount, which resulted in the appellant being declared elec…

The case concerned an Assistant Currency Officer (Grade‑C) of the Reserve Bank of India who was charge‑sheeted under Regulation 32 of the RBI (Staff) Regulations, 1948 for allegedly refusing to perform the duties of a Grade‑B officer, and who also failed to obtain the qualifying marks for promotion to Grade‑D. He chall…

Milk Food Ltd. entered into a contract with GMC Ice Cream (P) Ltd. containing an arbitration clause that referred disputes to arbitration under the Arbitration Act, 1940 or any statutory modification. A suit for injunction was filed, and Milk Food obtained a stay under Section 34 of the 1940 Act. The parties later agre…

The appeal concerned whether vacancies for Regional Transport Officer in Andhra Pradesh could be filled by transferring Section Officers of the Secretariat and Superintendents of the State Transport Authority, as permitted by Rule 3(a) of the Andhra Pradesh Transport Service Rules and paragraph 5(2) of the 1975 Preside…

The Railway Rates Tribunal declared the freight rates charged by the Union of India unreasonable. The Union filed a Special Leave Petition (SLP) in the Supreme Court, which was eventually dismissed after an interim order. The respondents then filed writ petitions and suits for refund of excess freight charges. The Unio…

The Union of India appealed against a Central Administrative Tribunal order that had upgraded the pay scales of certain semi‑skilled workers recruited in 1985 to the skilled‑worker scale, based on a Ministry of Defence letter dated 15 October 1984. The 1984 letter, issued following recommendations of various expert com…

Uptron India Ltd entered into a contract with the Union of India to maintain community viewing sets in seven North‑Eastern states, but the government failed to make the agreed payments, leading to arbitration. The arbitrator issued an award on 18 June 1990, which Uptron sought to have declared a rule of court before th…

A rickshaw puller, Chinku, was killed in a motorcycle accident. The motorcycle was originally owned and insured by Bhagwan Rai Amrit Lal, who later sold it to the appellants (Rikhi Ram and Azad Engineering Works) without informing the insurer, as required by Section 103-A of the Motor Vehicles Act, 1939. The deceased's…

The appellants, successors of the late Chogyal Sir Tashi Namgyal, claimed ownership of plots 1013, 1014 and part of 1040 in Gangtok, alleging they formed part of the Chogyal's private estate. The respondents had constructed a hotel and other structures on the land, asserting that the plots had been acquired by the Sikk…

Harsh Pratap Sisodia passed his intermediate examination without biology and later cleared biology, subsequently qualifying the All India Pre‑Medical/Pre‑Dental Entrance Examination conducted by CBSE. He was allotted a seat in an MBBS programme under the 15% All India Quota, but the Dean of Dr. V.M. Medical College, So…

In the 2001 Assam Legislative Assembly election, the respondent Premodhar Bora was declared elected. The petitioner, Borgaram Deur!, filed an election petition alleging that Bora and his agents committed corrupt practices under Sections 123(3) and 123(3A) of the Representation of the People Act, 1951, by urging voters …

The petitioners, Personal Assistants and Junior Stenographers of the Delhi High Court, sought an upgraded pay scale in parity with their Central Government counterparts after the Central Government revised the latter's scales. The Delhi High Court issued a writ of mandamus directing the Union of India to grant the upgr…

The appellants challenged the appointment of two Additional Advocate Generals by the Government of Andhra Pradesh, arguing that Article 165 of the Constitution permits only a single Advocate General and that the additional appointments were unconstitutional. The State contended that the appointments were necessary due …

The petitioners, Manjit Kaur and others, claimed compensation for injuries sustained in a motor accident. The driver of the offending Maruti car was found to be unlicensed and also the vehicle's owner. The Motor Accident Claims Tribunal awarded compensation and permitted New India Assurance Co. Ltd., the insurer, to re…

The case concerned a motor accident in which the driver possessed only a learner's licence. National Insurance Co. Ltd., the insurer, challenged the award of compensation on the ground that a learner's licence did not constitute a valid licence under the Motor Vehicles Act, 1988. A Special Leave Petition was filed befo…

Mish. Jai Durga Finvest Pvt. Ltd. obtained a mining lease for mineral sand in the Bega Murtha zone of Haryana and entered into an agreement containing clauses requiring payment of compensation to land owners (clause 9) and obligating the State to determine such compensation (clause 27). The land owners refused compensa…

The petition challenged a Ministry of Finance order that required the President of the Income Tax Appellate Tribunal (ITAT) to obtain prior approval for all postings and transfers of its judicial and accountant members. The Court examined whether the Central Government, under the Delegation of Financial Powers Rules, 1…

The case arose from a motor accident involving a Maruti Van owned by the respondents. A claim for compensation was filed under the Motor Vehicles Act, 1988 against National Insurance Co. Ltd. The Motor Accident Claims Tribunal awarded compensation even though it found that the respondents had breached the insurance pol…

The case arose from a motor accident in which the vehicle was being driven by the first respondent without a valid licence. The claimant, Savitri Devi, filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal held that National Insurance Co. Ltd., the insurer of the vehicle,…

The Supreme Court examined a batch of Special Leave Petitions challenging awards of Motor Vehicles Claims Tribunals where National Insurance Co. Ltd. sought to avoid liability under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988 on grounds that the vehicle was driven by a person without a valid licence, a fake l…

The respondents, Assistant Registrars of the Delhi High Court, claimed that their pay scale should be revised upward as recommended by the Chief Justice of the High Court. The Union of India refused to implement the recommendation, arguing that such fixation of pay requires the President’s (or Governor’s) approval unde…

The dispute arose between NTPC Ltd. (appellant) and Mis. Reshmi Constructions (respondent) over the acceptance of a final bill for work completed. NTPC prepared its own final bill, obtained a No‑Demand Certificate from the contractor, and paid the amount, but the contractor protested, claiming the certificate was signe…

Sultan Sadiq, who had been rendering voluntary services as an assistant teacher in a madrasa, contested a legislative assembly election. The first respondent challenged his election alleging that Sadiq held an office of profit under the State of Assam because his services were purportedly regularized by a government or…

The appellant, a civil servant, was found guilty in a departmental enquiry and dismissed from service. He challenged the dismissal by filing a civil suit, which was initially dismissed, but the District Judge later set aside the dismissal order, declaring it illegal. The respondents appealed to the High Court, which he…

The petitioners, originally residents of Delhi who obtained their MBBS degrees outside Delhi under the 15% all‑India quota, challenged Delhi University’s notification that barred them from postgraduate medical courses, arguing that reservations based on domicile or institutional preference violated Articles 14 and 15 o…

The landlord sought eviction of two shop tenants on grounds of rent default and claimed the building was required for demolition based on Vastu Shastra advice. The Rent Controller permitted eviction and demolition without ordering reconstruction, as required by Section 12 of the Andhra Pradesh Building (Lease, Rent & E…

The State of Bihar levied a penal duty on several distilleries for an alleged shortfall in the production of rectified spirit from molasses, relying on a Comptroller and Auditor General report. The distilleries filed writ petitions under Article 226, contending that the penalty was imposed without any hearing, adjudica…

The dispute concerned a tract of shamilat pasture land used by the village community of Majra Dughe for grazing. The land, originally vested in the Gram Panchayat under the Punjab Village Common Lands (Regulation) Act, 1961, later fell under the Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974, w…

The landlord (appellant) sought eviction of a tenant from two shops under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bonafide requirement to start a business for his unemployed son and asserting that he had no other suitable non‑residential accommodation. The trial court dismisse…

The landlord applied to the Prescribed Authority for eviction of the tenant on the ground of bonafide need, claiming that explanation (i) to the fourth proviso of Section 21(1) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 barred the tenant from contesting and presumed his need to be bo…

The landlord filed an eviction petition under the A.P. Building (Lease, Rent & Eviction) Control Act, 1960, claiming bonafide need for the premises. The tenant, employed in a department notified as an essential service, was transferred from Tenali to Marcherla, about 110 miles away. The Rent Controller and the Appellat…

The original owner sold two adjoining parcels to the appellants and the first respondent, each deed describing a specific area and granting a right of ingress and egress over an open passage. The first respondent later executed a Release Deed relinquishing all rights except passage, but subsequently erected structures …

The appellant, C. Chandramohan, derived ownership of three shops from his father’s release deed but did not inform the long‑standing tenants of this transfer. He later demanded higher rent and sought eviction for demolition, alleging wilful default in rent, denial of his title, and the need for reconstruction. The tena…

The State of West Bengal entered into construction work contracts with the respondent, who completed the work in 1990 and later claimed additional payment in 1993, leading to a request for arbitration. An arbitrator was appointed under the Arbitration Act, 1940 in September 1994, but failed to act, prompting the respon…

Mahendra Pratap Yadav appeared as a private candidate in the 1984 Intermediate Examination and his result was withheld on suspicion of mass copying. He was issued a provisional mark‑sheet without the "W.B." endorsement, used it to gain admission to B.A. and later M.A. courses, and was employed as a teacher. In 1996 the…

P. Kiran Kumar, a minor, claimed compensation under the Motor Vehicles Act after a road accident. The Motor Accident Claims Tribunal awarded a partial sum ex parte because the respondents withdrew their defence. The respondents appealed the award, but the High Court dismissed the appeal as barred by limitation. They th…

The dispute arose from an arbitration award where the decree did not include pendente lite interest. The decree holder sought such interest in execution, which was rejected, leading to a series of revision, interlocutory, and review petitions in the High Court. While a review petition was pending, the appellant filed a…

Harbans Lal, a clerk-cum-cashier of State Bank of India, was suspended on 29 November 1990 pending a departmental enquiry into alleged misconduct. He filed writ petitions under Article 226 seeking payment of full salary during the suspension, invoking the Sastry Award as adopted by the bank. The Punjab and Haryana High…

The landlord filed an eviction suit on 5 September 1994 under Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, alleging the tenant’s default in rent for months that fell more than three years before the suit. The tenant contended that the suit was barred because the limitation perio…

The respondent appealed a rateable value order under Section 217(1) of the Bombay Municipal Corporation Act to the Additional Chief Judge of the Small Causes Court. That order was challenged by the respondent in a second appeal to the High Court under Section 218D, where a single judge partially allowed it. The appella…

The appellants, convicted of murder, were sued for damages of Rs 1,00,000 by the respondents for loss of income after the victim’s death. The appellants had engaged counsel who, on 18 Nov 1991, pleaded “no instructions,” after which the trial court proceeded ex‑parte and passed a decree on 8 Feb 1992 without giving any…

Biman Krishna Bose had a mediclaim policy with United India Insurance Co. Ltd. After the insurer failed to pay a claim for his wife's hospitalization, Bose pursued the matter through consumer forums and the Supreme Court, eventually obtaining a decree for payment. While the litigation was pending, the policy fell due f…

The case concerned an agreement whereby the plaintiff, Tulsi Devi, agreed to purchase part of a government‑allotted property (Block 67‑B) and, upon repayment of a loan, acquire the remaining part (Block 67‑A). The plaintiff claimed specific performance of the agreement to obtain Block 67‑A, asserting that she had made …

The respondent, a Stipendiary Engineer employed by the State Government in community development, was suspended by the District Collector of Koraput under Rule 12 of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 while disciplinary proceedings were contemplated. He challenged the suspension …

The landlord sought eviction of the tenant under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming the building was dilapidated and needed reconstruction, and that he had sufficient funds. The Rent Controller, after an inspection, found the building not dilapidated and dismissed …

The landlord applied to the Rent Controller under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, seeking eviction of the tenant on the ground of a bona‑fide need to start a Karyana business, despite being unemployed and suffering from asthma. The Rent Controller and the appellate authority fo…

The respondents, who were employed as assistants and later promoted to supervisors in the Printing and Stationery Department, claimed that the revised pay scales recommended by the Punjab Pay Commission should be applied retrospectively from 1 January 1986, the date of the Commission's report, and that they were entitl…

The Supreme Court examined a dispute over a bungalow bequeathed by Smt. Chanan Kaur to the Randhir Jagjit Hospital. The State Government, as successor to the Hospital, sought eviction of Mohan Krishan Abrol, who claimed he was a tenant under a ten‑year lease and that the Hospital was only a beneficiary, not the owner. …

The Municipal Council of Kota levied a "dharmada" tax on goods entering its limits under a 1968 notification issued pursuant to Section 104(2) of the Rajasthan Municipalities Act, 1959. Delhi Cloth & General Mills Co. sought an injunction restraining the levy, arguing that dharmada was not an octroi and thus unauthoriz…

The appellants purchased raw cashew nuts, a notified agricultural produce under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, and processed them into cashew kernels, also a notified produce. While they paid market fee on the purchase of cashew nuts, the Market Committee directed them to collect a…

The State of Assam assessed sales tax on the medicinal preparation "Mritasanjibani" under Item 67 of the Assam Finance (Sales Tax) Act, 1956, which taxes spirituous medicinal preparations containing more than 12% alcohol. The respondent challenged the assessment, and the Gauhati High Court held that Item 67 violated Ar…

The writ petition filed by environmental activist M.C. Mehta in 1985 sought proper management and control of traffic in the National Capital Region and Delhi, highlighting vehicular pollution and chaotic traffic conditions that endangered public safety. The Supreme Court observed that the executive is primarily respons…

The State of Uttar Pradesh issued executive directives under Article 162 to deduct 5% from government advertisement bills in newspapers with circulation over 25,000, creating a fund for a pension scheme for working journalists. The scheme had not been enacted as a law because the related bill lapsed in the Vidhan Sabha…

The case arose from a property dispute in which the appellant, Baldev Singh, admitted to having two wives. The first wife, Sarbjit Kaur, sued him for dissolution of marriage and obtained a decree declaring the marriage dissolved. The first respondent, S.M. Sharma, who had complained to the appellant's employers about b…

The Supreme Court examined a dispute arising from a housing scheme originally framed by Agra Nagar Mahapalika under the U.P. Nagar Mahapalika Act, 1959, whose execution was later transferred to the U.P. Avas Evam Vikas Parishad (Parishad). Owners of the acquired land, dissatisfied with the compensation, applied for a r…

The case involved a dispute between two family groups over shared assets, which was referred to a sole arbitrator who issued two awards. Seven members of one group objected, claiming they had not received reasonable notice and that the arbitrator’s request for a letter not to challenge the award violated natural justic…

Justice P. Venugopal, a retired Madras High Court Judge, sought re‑fixation of his pension by claiming that periods he served as a Commission of Inquiry, ad hoc Judge and Commissioner of Payments (1981‑1988) should be counted as judicial service. The Supreme Court examined whether the High Court Judges (Salaries and Co…

The appellant, who had sold his immovable property to the respondent, later entered into a written agreement whereby the respondent would sell the property back to him after five years for a specified sum. After the period elapsed, the appellant demanded reconveyance, but the respondent refused, leading the appellant t…

The Uttar Pradesh Avas Evam Vikas Parishad (Parishad) acquired land under its 1965 Adhiniyam and awarded compensation through a Special Land Acquisition Officer. Claimants dissatisfied with the award approached a reference court, which enhanced compensation, solatium and interest, and awarded additional amount under Se…

The Supreme Court had constituted a High Power Committee (HPC) to fix recovery norms for veneer extraction from timber and to levy penalties on units exceeding those norms. Units were required to submit their production records by 15 January 1998, but questions arose whether the HPC could impose a penalty larger than t…

Jaipal Singh, an IAS officer, applied for voluntary retirement on 13 March 2002 and requested a waiver of the three‑month notice period required under the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. He filed nomination papers for the Rajya Sabha election from Haryana, but the Returning Officer rejec…