Y K SABHARWAL

Kusum Lata applied for admission to a Diploma in Education in Haryana and qualified the entrance test. The authorities later denied her admission, claiming she did not achieve the required 50% aggregate in her CBSE 10+2 results because the aggregate was calculated over six subjects, including an optional sixth subject.…

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

The petitioners, a public trust seeking to start a B.Ed. college, obtained recognition from the National Council for Teacher Education (NCTE) under the National Council for Teacher Education Act, 1993, but the Maharashtra Government refused to issue a No‑Objection Certificate (NOC) based on a policy decision not to gra…

The Supreme Court examined the scheme for High Security Registration Plates introduced under Rule 50 of the Motor Vehicle Rules, 1989 and the 2001 statutory order issued under Section 109(3) of the Motor Vehicles Act, 1988. Petitioners challenged the tender conditions – requiring foreign experience, a minimum turnover …

The appeal concerned the constitutional validity of Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971, which authorises the Governor to withhold or recover part of a pension where a former government servant is found guilty of misconduct, negligence or other acts causing pecuniary loss t…

Karnataka State Industrial Investment and Development Corporation Ltd. (KSIIDC) invoked its power under Section 29 of the State Financial Corporation Act, 1951 to take over a defaulting borrower, Cavalet India Ltd., and sold the unit to Vinpack Ltd. The borrower challenged the sale as void and illegal, and a Single Jud…

The appellant was convicted of murder (Sec. 302 IPC) and robbery (Sec. 394 IPC) on the basis of two circumstantial facts: he was the last person seen with the deceased Phullobai and silver ornaments allegedly stolen from her were recovered from his house. The Supreme Court held that the ornaments were not properly iden…

The Ramakrishna Vivekananda Mission runs a school affiliated to the West Bengal Board of Secondary Education. Two teachers were terminated for refusing hostel duties, appealed under the Board's regulations, and later withdrew their appeals. The Mission sought, under Article 26, the framing and approval of Special Rules…

The Supreme Court examined whether, at the stage of framing of charge under Sections 227, 228, 239 and 240 of the Code of Criminal Procedure, a trial court may consider material produced by the accused and whether the accused can invoke Section 91 to summon documents. The Court held that the Code grants no right to the…

Bal Thackrey was convicted by the Bombay High Court (Nagpur Bench) for criminal contempt under Section 15 of the Contempt of Courts Act, 1971, based on two petitions filed by respondents alleging that his public speech scandalised the court. The petitions were filed without obtaining the mandatory written consent of th…

The Supreme Court dealt with the large‑scale misuse of residential premises for commercial purposes in Delhi. Earlier it had ordered the Municipal Corporation of Delhi to seal offending premises, granting traders a deadline of 30 June 2006 subject to affidavits. The Union of India subsequently enacted the Delhi Laws (S…

The case involved eight accused who allegedly shot two men, Ratan and Ramesh, and burned their bodies on a funeral pyre in retaliation for the murder of Ishwar Chand. The trial court convicted six of the accused under Sections 302, 149 and 201 of the IPC, while acquitting two; the High Court later reduced the convictio…

The Supreme Court examined a series of appeals challenging the grant of an industrial licence to Al‑Kabeer Exports Ltd. for a mechanised slaughter‑house in Medak district, Andhra Pradesh. The petitioners argued that the licence violated location prohibitions, environmental standards, the Andhra Pradesh Prohibition of C…

The State of Madhya Pradesh seized stocks of kattha and cutch from S.P. Sales Agencies for moving them without a transit pass under the Madhya Pradesh Transit (Forest Produce) Rules, 1961, and initiated confiscation proceedings under Section 52 of the Indian Forest Act, 1927. The High Court quashed the seizure, holding…

The case concerns a police convoy ambushed by a land‑mine blast and subsequent gunfire, killing 22 people. Four members of Veerappan's gang (Simon, Gnana Prakash, Madhiah and Bilavendra) were convicted under the Terrorist and Disruptive Activities (Prevention) Act, IPC, the Explosive Substances Act and the Arms Act and…

The petitioners, comprising judges of Small Causes Courts of Bombay and Gujarat, chief judges, metropolitan magistrates and assistant judges, challenged the placement of their posts in the newly created Category 2 of the three‑tier judicial cadre, alleging demotion and violation of the Shetty Commission’s recommendatio…

The appellant filed two contempt petitions in the Calcutta High Court challenging a suo motu contempt notice and a judgment that criticized his claim of being a legal researcher. The High Court convicted him of contempt for the scandalising allegations in those petitions and sentenced him to six months' imprisonment wi…

Arvind Yadav, brother of a murder victim, challenged a Madhya Pradesh High Court order that released several convicted murderers, including Ramesh Kumar, on licence despite the Probation Board’s refusal to recommend release. The High Court had bypassed a remand to the State Government, reasoning that a fresh considerat…

The State of Rajasthan appealed the acquittal of four accused who were part of an unlawful assembly that entered the victim's house, broke the wall and murdered two children. The High Court had held that only the accused who delivered the fatal blow could be convicted under Section 302 read with Section 149 IPC, findin…

The appellant, a police constable, was convicted under IPC sections 346, 366 and 376 for raping a young woman after abducting her and her husband. The appellant appealed, arguing that he was not positively identified by the victim or witnesses and that the failure to hold a test identification parade rendered the convi…

The Supreme Court examined the constitutionality of the Haryana Civil Services (Executive Branch) and Allied Services and Other Services Common/Combined Examination Act, 2002, which retrospectively repealed earlier government circulars and limited appointments to the number of posts advertised. The petitioners, who had…

The husband sold a portion of property to a third party, prompting his wife and son to file a declaratory suit claiming a two‑thirds share as joint Hindu family property. The trial court granted the suit, but the first appellate court reversed, holding the property to be self‑acquired because the plaintiffs failed to p…

The Supreme Court examined a writ petition filed by the Mullaperiyar Environmental Protection Forum seeking to set aside the 1886 lease agreement and related provisions, and to prevent the raising of the Mullaperiyar Dam water level beyond 136 ft. The Court held that Section 108 of the States Reorganisation Act, 1956, …

The petition sought directions on whether user agencies diverting forest land for non‑forest purposes must compensate by paying the Net Present Value (NPV) of the lost forest benefits and what guidelines should govern NPV calculation. The Court examined the statutory framework of the Forest (Conservation) Act, 1980, th…

ShriKant Anandrao Bhosale, a police constable, was convicted of murdering his wife by striking her with a grinding stone during a quarrel and sentenced to life imprisonment. He appealed, claiming he was suffering from paranoid schizophrenia at the time of the offence and thus entitled to the benefit of Section 84 of th…

The case involves the murder of eight members of two families in Punjab over a land dispute, for which Bachhitar Singh and two co‑accused were convicted under IPC sections 302, 460 and the Arms Act. The sole eye‑witness, Joginder Singh (PW‑3), testified that he saw the accused entering the victims' house and heard guns…

The case concerned a set of thirteen plots in Gorakhpur district where the appellants, Kali Prasad and others, were recorded as occupants (asamis) after the death of the last Khatedar, Smt. Partapi, in 1952. The father of respondents 3 and 4 filed civil suits for declaration of bhumidari rights and ejectment, which wer…

The case concerned a complaint filed by a Dubai‑based bank (Respondent No. 2) in the Special Judicial Magistrate Court, Ghaziabad, alleging that the petitioner, Om Hemrajani, had defrauded the bank by obtaining loans in the United Arab Emirates and then fleeing the country. The magistrate took cognizance of the offence…

The appellant, a member of the managing committee of a Maharashtra co‑operative society, was denied the right to replace the society's previously nominated delegate with his own name for the election of the Maha Sangh, despite a resolution passed within the period allowed by Rule 5(2) of the Maharashtra Specified Co‑op…

The State of Karnataka sought to summon Krishnappa as an accused under Section 319 of the Criminal Procedure Code after the prosecution evidence was recorded, despite a prior order in 1995 that had quashed the proceedings against him. The trial magistrate dismissed the State's application, noting that the likelihood of…

The case concerned two settlement deeds executed by Nanjammal in favour of her grandson, the appellant, which the daughters claimed were obtained by undue influence. The trial court declared the deeds void, but the first appellate court upheld their validity as gift deeds. The High Court reversed, holding the deeds unp…

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

The Collector of Central Excise appealed against the Tribunal’s order granting Maharashtra Fur Fabrics Ltd. exemption from excise duty under Notification 109/1986 as amended. The company manufactures high‑fur fabrics (heading 60.01) and dries them by passing the fabric through a hot‑air stenter. The proviso of the noti…

On the day of a West Bengal Assembly election, Assistant Commissioner Sankaran Moitra led a police lathi charge at a polling booth, during which the husband of complainant Sadhna Das was beaten to death. A private complaint was filed, the Chief Judicial Magistrate took cognizance and issued a warrant. The accused sough…

Standard Chartered Bank and its officers challenged show‑cause notices issued under the Foreign Exchange Regulation Act, 1973 (FERA) alleging that Sections 50, 51, 56 and 68 were unconstitutional as they violated Articles 14 and 21 of the Constitution. The Bank argued that FERA, being in the Ninth Schedule, should not …

The petitioners challenged the constitutional validity of the proclamation dated 23rd May 2005 dissolving the Bihar Legislative Assembly under Article 356 of the Constitution. The Governor had reported that attempts were being made to cobble a majority through illegal means like horse-trading and allurements, and recom…

The accused were acquitted by the trial court of charges under Sections 306 and 498A IPC for the alleged cruel treatment and abetment of suicide of the deceased wife. The mother of the deceased filed a revision petition, and the Calcutta High Court set aside the acquittal, directing a fresh trial and ordering the trial…

V.K. Srivastava, a salesman employed by Uttar Pradesh Rajya Karmachari Kalyan Nigam, was terminated and filed a writ petition under Article 226 of the Constitution. The corporation contended that it was not a "State" within Article 12, rendering the petition non‑maintainable; the Allahabad High Court dismissed the peti…

The employer, M/s. U.P. Drugs and Pharmaceuticals Co. Ltd., terminated 29 workmen on the ground that they were casual and there was no work, without the workmen having completed 240 days in the 12 months preceding termination. The labour court held they were not entitled to protection under Section 6N of the Uttar Prad…

Sunder and Satbir Singh were convicted by a Designated Court under IPC sections 399 and 402 and Section 25 of the Arms Act for alleged theft and possession of knives. They appealed, arguing that the Court lacked jurisdiction because no TADA charge was framed and that the recovery of knives was not proved, as the key re…

The appellant and his brother were convicted of double murder under IPC s.302 and s.302/34 and sentenced to life imprisonment. On appeal, the Allahabad High Court division bench was split, leading to the matter being referred to a third judge. The third judge upheld the conviction but based his opinion largely on the t…

The State of Uttar Pradesh challenged the validity of the transit fee imposed under Rule 5 of the Uttar Pradesh Transit of Timber and Other Forest Produce Rules, 1978, arguing that the fee was invalid because it was not supported by a quid pro quo. The Allahabad High Court upheld the constitutional validity of the rule…

The petitioners, former senior police officers and a public interest group, filed a writ petition under Article 32 seeking directions to the Union and State governments to enact a new Police Act replacing the colonial Indian Police Act, 1861, and to implement comprehensive police reforms. They argued that the existing …

The Confederation of Ex‑Servicemen Associations filed a writ petition under Article 32 seeking free and full medical aid for ex‑defence personnel, their families and dependents, arguing that such aid is a fundamental right under Articles 14 and 21. The Union of India responded that the Ex‑Servicemen Contributory Health…

The Supreme Court dismissed writ petitions challenging the constitutional validity of the Representation of People (Amendment) Act, 2003, which amended the Representation of People Act, 1951 to remove the requirement of domicile/residence in a State for election to the Council of States (Rajya Sabha) and introduced an …

The All India Float Glass Manufacturers Association complained that Indonesian exporters were selling float glass in India at predatory prices, alleging a restrictive trade practice under the Monopolies and Restrictive Trade Practices (MRTP) Act. The MRTP Commission issued an interim injunction restraining the exporter…

The case involved a mob of sixty persons who formed an unlawful assembly with the common object of murdering Satwa and his sons. The trial court convicted thirteen accused and acquitted the rest, including Ganesh K. Gulve (accused No.24). The High Court upheld the convictions of eleven accused, reversed Gulve's acquitt…

The Supreme Court examined contempt proceedings against Rajendra Sail, who had called a High Court judgment "rubbish" and alleged bias and bribery by the judges, and against the editor, printer, publisher and chief sub‑editor of the newspaper that published his statements. The Court held that such scurrilous remarks we…

The Government cancelled all petrol pump, LPG and kerosene dealership allotments made since January 2000 after media reports alleged political patronage in a few cases. Petitioners, who had received letters of intent or entered into agreements, challenged the order as arbitrary and violative of Article 14. The Court he…

The case arose from an incident where two police constables attempted to arrest Ram Avtar and his associates; the accused’s relatives intervened with weapons, leading to a violent clash that resulted in the deaths of two members of the complainant’s family. The trial court convicted eight accused under IPC sections 224…

The Supreme Court examined a reference concerning prosecutions under Sections 138 and 141 of the Negotiable Instruments Act, 1881, focusing on the necessity of specific averments in a complaint to hold company officers liable for a dishonoured cheque. It held that a complaint must expressly state that the accused was i…

The appellant, Nallabothu Venkaiah, was one of sixteen accused who allegedly formed an unlawful assembly, hurled bombs and used axes, knives and spears to kill R. Venkateswarlu on 13 October 1992. The trial court convicted him under Section 302 IPC (simpliciter) and sentenced him to life imprisonment, relying on the te…

The State of U.P. alleged that the accused entered the house of Raghubir (PW3) at midnight, assaulted him with the butt of a pistol and, when his wife intervened, also struck her, leading to her death the next day. The trial court convicted the accused under Sections 302 r/w 34, 307 r/w 34 and 452 IPC. The Allahabad Hi…

The appellant, Shrikant, was elected to the Maharashtra Legislative Council but his election was challenged on the ground that he held subsisting government contracts, which under Section 9A of the Representation of the People Act, 1951, would disqualify him. The contracts involved work for the State Government, one of…

Mahadevi, the donor, executed a gift deed in 1947 transferring ancestral property to her nephew (the appellant) and stipulating that any male children later born to his parents would become joint holders. At the time of execution the appellant was a minor and the respondent (the younger brother) was not yet born. The r…

The petitioners challenged the Constitution (Seventy‑Seventh), (Eighty‑First), (Eighty‑Second) and (Eighty‑Fifth) Amendment Acts, which inserted Article 16(4A) (reservation in promotion for SC/STs with consequential seniority), Article 16(48) (exclusion of carry‑forward vacancies from the 50% ceiling) and a proviso to …

Gurpreet Singh appealed against the Union of India challenging the applicability of the rule of appropriation in execution of award decrees under the Land Acquisition Act, 1894 (as amended by Act 68 of 1984) and the entitlement to interest on solatium. The Court examined whether the normal CPC rule of appropriation (Or…

The Chairman of the Standing Committee of Ahmedabad Municipal Corporation (AMC) feared a delay in elections to the new municipal body whose term was due to expire on 15 October 2005, and filed a writ petition seeking a mandamus directing the State Election Commission and the State Government to hold elections before th…

J.V.V. Bhaskar was adopted by J.K. Rao after being fostered by him since 1957. Before the adoption, the parties executed an ante‑adoption agreement in which Bhaskar, a major, agreed not to claim certain properties that had already been settled in his favour. Bhaskar later sued, contending that the agreement violated Se…

The Supreme Court examined the appeal of four accused convicted under the NDPS Act for a large heroin seizure. The appellants contended that their confessional statements recorded under Section 67 were involuntary, obtained through torture, and inadmissible because they were made to Revenue Intelligence officers rather…

The plaintiff Krishan Dutt sued for a one‑third share and partition of land that his father had allegedly inherited from his brother‑in‑law after the widow Gangi remarried the brother Bala Ram, invoking a custom of "illaqua" whereby a widow’s property passes to the brother she marries. The defendants (appellants) prove…

The mother executed a registered gift deed in 1945 transferring an 1/8 share of her property to her minor son and daughter, while reserving possession and enjoyment for herself during her lifetime. After the son attained majority, the mother cancelled the gift deed in 1970 and executed a will bequeathing the same prope…

The appellant, a District Malaria Officer, was convicted by the Sessions Court and the Orissa High Court for rape (IPC s.376) and wrongful confinement (IPC s.342) based primarily on the testimony of Ms. X, a lady supervisor who alleged she was taken to the appellant's house at night and forced to have sexual intercours…

The petitioners, former employees of the Uttar Pradesh Local Self‑Government Engineering Department who became employees of Uttar Pradesh Jal Nigam under the 1975 Water Supply and Sewerage Act, challenged the Nigam’s order that they retire at 58 years despite a 2002 amendment to Rule 56(a) of the Uttar Pradesh Fundamen…

The case concerned the murder of Dharam Pal, who was beaten by six accused persons amid a long‑standing enmity with the family of a former MLA, Raja Ram. The Sessions Court acquitted four of the accused on the ground that their identity was not established and convicted two of them under Section 304 Part II/149 IPC, ho…

The Supreme Court examined whether mining activities within a 5 km radius of the Delhi‑Haryana border and in the Aravalli hills cause environmental degradation and whether the earlier order of 6 May 2002 banning such mining should be varied. It held that the ban remains in force until a newly constituted Monitoring Com…

A vacancy arose in the National Human Rights Commission (NHRC) and a retired Director of the CBI, a former police officer, was appointed as a member under Section 3(2)(d) of the Protection of Human Rights Act, 1993. The petition challenged his eligibility, arguing that police officers are disqualified and that the appo…

The workmen of Bajaj Auto Ltd. alleged that the company employed a rotation system of temporary workers to avoid granting permanency after 240 days of uninterrupted service, invoking Rule 4C of the Model Standing Orders. The Industrial Court found unfair labour practices under Item 6 of Schedule IV of the Maharashtra R…

The cement manufacturers challenged Clause 9A of the Cement Control Order, 1967, which required a payment of Rs 9 per metric tonne on non‑levy cement, arguing that it was a tax imposed without statutory authority. The issue before the Supreme Court was whether the clause was ultra vires Section 18G of the Industries (D…

The Orissa Government appointed 49 junior teachers on an ad‑hoc basis in 1980‑81 without constituting a Selection Board as required by the 1979 Recruitment Rules, which mandated a member of the Orissa Public Service Commission (OPSC) as Chairman. The OPSC refused to concur with these appointments, prompting the legisla…

The Supreme Court heard Special Leave Petitions filed by dairy owners (including Ramji Patel) who had set up dairies in the villages of Lalpur and Gwarighat, which were earlier listed as "excepted villages" under the Madhya Pradesh Cattle (Control) Act, 1978. The petitioners argued that a municipal resolution dated 21‑…

In a mortgage suit, a preliminary decree dated 18 November 1968 ordered the defendants to pay Rs.24,000 in four annual instalments, with the first instalment due on 31 March 1969. The decree allowed the plaintiff to apply for a final decree for sale of the mortgaged property upon any default, subject to Section 34 of t…

The appellant, an elector from Patiala Town, filed an election petition under Section 81 of the Representation of the People Act, 1951, alleging that the respondent, Amarinder Singh, committed corrupt practices by using a Class‑I gazetted officer and a police superintendent to further his election campaign. The Punjab …

The case involved a police convoy ambushed by Veerappan's gang, resulting in seven deaths. Seven accused were convicted by a Special Designated Court under the TADA Act, IPC and Arms Act, largely on the testimony of two eyewitnesses and several confessional statements. On appeal, the Supreme Court held that the eyewitn…

The suit filed by the heirs of Rajgopal sought declaration of title and possession of joint family property, contending that the adoption of Goverdhan Das was in the 'Dwyamushyayana' form, which would preserve his inheritance rights in his natural father's estate. The trial court dismissed the suit on limitation and he…

The Engineering Kamgar Union challenged the closure of a factory owned by Electro Steels Castings Ltd, arguing that the Central Industrial Disputes Act, 1947 (applicable to establishments with 100 or more workers) should govern the lay‑off, retrenchment and closure procedures, not the Uttar Pradesh Industrial Disputes …

The Supreme Court examined the large‑scale conversion of residential premises to commercial use in Delhi and the failure of authorities to enforce building and land‑use laws. It held that the Constitution obliges the Court to protect fundamental rights and enforce the rule of law, especially when officials entrusted wi…

The respondents, former employees of the State of Punjab who retired before 31 March 1985, sought higher pensionary benefits based on a Government of Punjab notification dated 9 July 1985 that granted enhanced dearness allowance and related benefits to employees retiring on or after that date. The Punjab & Haryana High…

The Supreme Court examined whether Kudremukh Iron Ore Company Limited (KIOCL) could continue mining weathered secondary ore beyond the 2005 deadline set by earlier orders, and whether its operations were causing environmental harm. The Court found that KIOCL had used the period for commercial extraction without taking …

The Supreme Court examined three election petitions filed in the High Court of Sikkim challenging unopposed elections to the Sikkim Legislative Assembly where the returned candidates were declared elected on 26 April 2004. The petitioners argued that the 45‑day limitation under Section 81 of the Representation of the P…

The appellants, employees of Tata Iron & Steel Co., challenged the amendment to Rule 3 of the Income Tax Rules, 1962 which altered the method of valuing perquisites for rent‑free accommodation. They argued that the amendment was arbitrary, violated Article 14 of the Constitution and was inconsistent with Section 17(2)(…

The Supreme Court examined applications by project‑affected families (PAFs) from Madhya Pradesh seeking rehabilitation benefits under the Narmada Water Disputes Tribunal (NWDT) award after the Sardar Sarovar Dam was raised to 110 metres. The petitioners argued that both permanently and temporarily affected families, as…

The appellant, Ravikant S. Patil, was convicted in 2000 for offences under IPC sections 366 and 376 and sentenced to seven years’ imprisonment. While his criminal appeal was pending, the Bombay High Court stayed both the execution of the sentence and, on 26 March 2004, the conviction itself so that he could file his no…

The appellant, a widowed daughter, claimed ownership of her mother’s property based on a registered will that left the entire estate to her, excluding her six sisters. The lower courts dismissed the will, alleging that the exclusion of other heirs rendered the will suspicious and that the mother never became the sole o…

The officer-in-charge of a police station arrested Jadu (the respondent) despite a certified bail order issued by the Sessions Judge. The High Court initiated contempt proceedings under Section 19 of the Contempt of Courts Act, 1971, found the officer guilty of contempt, and sentenced him to seven days of civil impriso…

The appellants Raghunath and eight others were convicted under IPC sections 148, 149, 302, 323, 325, 436 and 452 for a violent incident in which the deceased Kundan Lal was killed. The Supreme Court examined contradictions in witness statements, the improbability of the prosecution’s version of the melee, the lack of e…

Balbir Singh, a constable, was discharged under Punjab Police Rule 12.21 after being found to have consumed liquor and misbehaved with a lady constable. No formal disciplinary inquiry was held; a preliminary medical examination was the only assessment. The State appealed the High Court's decision that the discharge vio…

The Supreme Court examined the plight of children who reside in jails with their mother‑prisoners, whether under‑trial or convicted, and found that existing provisions were inadequate. Relying on constitutional guarantees (Articles 14, 15, 21, 23, 24, 39, 42, 45, 46, 47) and international child‑rights norms, the Court …

Dr. Karan Singh, son of the former Maharaja of Jammu & Kashmir, claimed that 563 heirloom articles in the state Toshakhana were his private property. After a 1983 representation to the Ministry of Home Affairs was rejected, he filed a writ petition which was partially allowed by the High Court, declaring 42 items his. …

The husband and his relatives filed a petition to quash an FIR registered by the wife under Sections 498A, 323 and 406 IPC after the parties had settled their matrimonial dispute and were proceeding towards divorce. The Punjab and Haryana High Court dismissed the petition, holding that the offences were non‑compoundabl…

The case concerned the absorption of about 4,000 teaching and non‑teaching employees from 40 colleges that were converted from affiliated to constituent status under the Bihar State Universities Act, 1976. The State of Bihar (and later Jharkhand) challenged a High Court order directing the universities to absorb these …

Shin‑Etsu Chemical Co. Ltd. entered into a contract with AKSH Optifibre Ltd. containing an international arbitration clause. After the contract was terminated, the respondent sued for a declaration that the arbitration agreement was void, while the appellant sought a direction under Section 8 of the Arbitration and Con…

The appellant Narendra Singh was accused of murdering his wife Bimlabai by throttling her and then setting her body on fire, allegedly to conceal a dowry dispute. The trial court acquitted all accused, but the Madhya Pradesh High Court reversed the acquittal, convicting the husband under Sections 302/34 IPC and both th…

The respondents purchased parcels of land that were agricultural on the appointed day of the Urban Land (Ceiling and Regulation) Act, 1976 and later converted them to residential use after a master plan amendment. They applied to the Hyderabad Urban Development Authority for layout approval, which was conditioned on a …

The Supreme Court examined the cancellation of 413 petroleum retail, LPG and SKO‑LDO allotments that were alleged to have been made on the basis of political patronage. The Court set aside the Central Government's blanket cancellation order, appointed a Committee to investigate each case, and directed it to consider bo…

The petitioners, two minor students, feared loss of seats in the 15% All India Quota (AIQ) for MBBS/BDS courses because several states failed to adhere to the prescribed admission time‑schedule, causing vacancies to revert to state quotas. The Supreme Court examined whether the AIQ must be calculated including Section …

The Supreme Court examined the disqualification of six independent MLAs and two lone party MLAs by the Haryana Assembly Speaker under the Tenth Schedule's anti‑defection provisions. The petitioners claimed violation of natural‑justice principles, alleged the Speaker acted malafide, and argued that paragraph 3 of the Te…

The Supreme Court examined multiple appeals concerning the allocation of chromite mining leases in Orissa. The State Government had recommended, under Section 17A(2) of the Mines and Minerals (Regulation and Development) Act, 1957, that a block of 436.295 hectares be reserved for exploitation by the state‑controlled Or…

The State of Haryana prosecuted four accused for causing grievous injuries that led to the death of a police constable. The trial court convicted them under sections 325 and 326 read with 34 of the IPC, acquitting them of murder (302/34). The High Court reversed this, discarding the victim's dying declaration and an ey…

The appellants were convicted by a Designated Court for offences under the IPC, TADA and the Arms Act based largely on two police witnesses and confessional statements recorded under Section 15 of the TADA Act after a half‑hour "cooling period". Independent village witnesses were hostile and did not corroborate the pro…

The Supreme Court examined whether the Central and Punjab State Governments could limit the enhanced death‑cum‑retirement gratuity, linked to dearness allowance, to employees who retired or died on or after 1 April 1995. Employees who retired before that date claimed the cut‑off was discriminatory under Article 14. The…

The Banking Services Recruitment Board advertised for Probationary Officer posts requiring a graduate degree and age 21‑30. A visually‑impaired applicant, who satisfied both criteria, applied but her application was rejected on the ground that blind candidates were not recruited for the post. She filed a writ petition …

The petitioners, Express Publications (Madurai) Ltd. and another, challenged the constitutionality of Paragraph 80(2) of the Employees' Provident Fund Scheme, 1952, which exempts newspaper employees from the income‑ceiling test for PF benefits. They argued that the provision arbitrarily singled out the newspaper indust…

Radha Mohan Lal and his counsel Sualal Yadav filed an application in a revision petition alleging bias against Judge R.S. Kejriwal, seeking the case be listed before a different bench. The High Court held both in contempt of court, sentencing each to three months' simple imprisonment and a fine. After conviction, Lal t…

The case arose from a reference concerning whether statutes placed in the Ninth Schedule after the Kesavananda Bharati judgment (24 April 1973) can enjoy absolute immunity from judicial review under Article 31B. The petitioners argued that such immunity would violate the basic structure doctrine by abrogating fundament…

The Bokajan Cement Corporation Employees' Union appealed against a division‑bench judgment of the Gauhati High Court which held that a worker’s membership in a trade union ceases when his employment with the cement corporation ends. The Supreme Court examined whether any provision in the Trade Union Act, 1926 or in the…

The respondent filed a complaint under Section 138 of the Negotiable Instruments Act against five partners of a firm for the dishonour of a cheque. The complaint did not specifically allege that the accused partners were in charge of or responsible for the firm’s business. A magistrate discharged the accused for lack o…

The Supreme Court had earlier ordered the closure of all un‑licensed saw‑mills, veneer and plywood units and barred any State from permitting their reopening without prior approval of the Central Empowered Committee (CEC). Despite this, the Principal Secretary of the Maharashtra Forest Department and the Minister in ch…

The State of Rajasthan prosecuted Kishan Lal for rape under Section 376 IPC; the trial court sentenced him to seven years' rigorous imprisonment and a fine, which the Rajasthan High Court reduced to the period already served without recording adequate and special reasons. The State appealed to the Supreme Court under A…

The Supreme Court examined a public‑interest litigation filed by Deepak Agarwal challenging the lease of about 15 hectares of land to Maruti Clean Coal and Power Ltd for a coal‑washery, alleging that the land was forest land under the Forest (Conservation) Act, 1980. The Court first assessed the applicant's locus stand…

The case concerned employees of the Karnataka Commercial Taxes Department who had been engaged on daily‑wage contracts since 1985‑86 and claimed, after more than ten years of service, that they were entitled to regularisation and the benefits of regular employees. The High Court had ordered that they receive wages equa…

Mukand Ltd. entered into several settlements with the Mukand Staff and Officers' Association, asserting that many of its employees were not "workmen" under the Industrial Disputes Act, 1947. A dispute was referred to an Industrial Tribunal, which awarded wage increases and other benefits to both workmen and non‑workmen…

The father of the deceased filed a complaint alleging that the appellants demanded additional dowry, tortured the victim and caused her death. A magistrate conducted an inquiry under Section 202 CrPC, during which an eye‑witness (PW 1) gave a statement that was later recorded. At trial PW 1 was declared hostile and the…

The petitioner, who had secured a rank of 418 (later placed at 423) in the 2004 Common Entrance Examination for BDS, sought a writ of mandamus under Article 32 directing the State of Haryana and related authorities to grant him admission in the Government Dental College, Rohtak. He alleged that a lower‑ranked candidate…

Members of Parliament were expelled from the Lok Sabha and Rajya Sabha after television sting operations ('cash for query') showed them accepting money for raising questions in Parliament. Inquiry Committees were constituted by each House, reports were tabled, and motions were adopted expelling the members. The expelle…

The appellant filed a suit for partition of property claiming a two‑fifths share based on a custom that sons and daughters inherit equally among Roman Catholic Christians of the Latin rite. The appellant also contested the validity of a gift deed (Exhibit B‑1) and a settlement deed (Exhibit B‑2), alleging they were for…

The petitioners were already accused in a police case relating to a shooting incident, but were later summoned under Section 319 of the CrPC in a separate complaint case concerning the same occurrence. They challenged the summons, arguing that Section 319 could not be invoked against a person already an accused in anot…

Jagdish Ram, a District Ayurvedic Officer, was charged under Section 7 of the Protection of Civil Rights Act, 1955 for allegedly practicing untouchability. The police investigation concluded the complaint was false, but the magistrate, after a second complaint, took cognizance and issued process. The accused repeatedly…

The deceased woman, Sherifa, married in 1989, allegedly faced mental and physical harassment from her husband for not receiving the full dowry of Rs.35,000. On 29 August 1991 she jumped into an uncovered well, resulting in her death, which the prosecution claimed was a suicide linked to dowry harassment. The trial cour…

Vasant Vithu Jadhav, a police constable, fired a rifle at his colleague Vilas from a distance of 6-8 feet while the victim slept, causing only simple hurt as the bullet fragmented. He was convicted by the High Court under Section 307 of the Indian Penal Code for attempted murder and sentenced to ten years' rigorous imp…

Shankar Narayan Bhadolkar invited the deceased to a dinner and, after the meal, shot him at close range with a loaded gun, causing instantaneous death. The appellant then wrapped the body in a gunny bag and disposed of it in a well. He pleaded that the killing was accidental, invoking Section 80 IPC, or alternatively t…

The Supreme Court examined writ petitions filed by unsuccessful candidates of the 2003 Uttar Pradesh Civil Judge (Junior Division) examination, challenging the Commission's use of a statistical scaling system to adjust raw marks. The Court held that the scaling method was arbitrary, irrational, and violated Rule 20(1) …

Sathi Vijay Kumar, a losing candidate in the 2002 Punjab Assembly election, filed an election petition alleging that the returned candidate, Tota Singh, had committed corrupt practices, including the wrongful deletion of 586 voters' names and the assistance of a gazetted officer. The High Court dismissed several paragr…

The Supreme Court examined whether Kisan Sahkari Chini Mills Ltd., a co‑operative sugar mill registered under the Uttar Pradesh Co‑operative Societies Act, could be treated as a "State" within Article 12 of the Constitution and thus be subject to writ jurisdiction under Article 226. Applying the tests laid down in Ajay…

Petitioner Jaya Bachchan, a Rajya Sabha member, was appointed Chairperson of the Uttar Pradesh Film Development Council with the rank of Cabinet Minister and a suite of benefits including honorarium, allowances, staff car, and accommodation. The Election Commission held that this post constituted an office of profit un…

The Supreme Court examined writ petitions challenging the Governor's proclamation dated 23 May 2005 that dissolved the Bihar Legislative Assembly after the state had been placed under President's Rule on 7 March 2005. The petitions argued that the dissolution was unconstitutional because the assembly was kept in suspen…

The Supreme Court examined the illegal presence of hazardous and non‑conforming industrial units in residential zones of Delhi, which violated the Delhi Master Plan, the Delhi Development Act, 1957 and the National Capital Region Planning Board Act. The State Government had sought extensions and in‑situ regularisation …

The Rajasthan Welfare Society, an aided non‑government educational institution, challenged the State of Rajasthan's refusal to allow the gratuity payable to its employees to be counted as part of the approved expenditure for computing grant‑in‑aid under the Rajasthan Non‑Government Educational Institution Act, 1989. Th…

The State of Karnataka prosecuted M.V. Manjunathegowda (A‑1) and others for the murder of his wife Kamalamma, alleging that she was killed within seven years of marriage after the accused demanded a dowry of Rs 10,000 and three sovereigns of gold, of which only Rs 8,000 was paid. The trial court convicted A‑1 under Sec…

The appellants, Harshad S. Mehta and others, sought to revoke conditional pardons granted by the Special Court under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, arguing that the Court lacked jurisdiction to grant pardon because the power under Sections 306 and 307 of the Crim…

The appellant, a 20‑year‑old male, was accused of raping and murdering an 11‑12‑year‑old girl who was last seen with him on 28 March 2001. The girl's body was discovered the next day in a dilapidated building, and the post‑mortem report confirmed strangulation and sexual assault. The prosecution relied on the testimony…

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 case concerns the ownership of Rs. 50 crore 9% tax‑free bonds (the "suit bonds") issued by Nuclear Power Corporation Ltd. (NPCL). Andhra Bank Financial Services Ltd. (ABFSL) sold the bonds to Standard Chartered Bank (SCB) on 26‑27 February 1992, and SCB paid consideration and received a Banker's Receipt. Canbank Mu…

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 case concerned 407 porters and graders employed at the marketing yards of Nilgiri Cooperative Marketing Society Ltd., who claimed permanency and other benefits, alleging they were workmen of the Society. The State referred the dispute to the Industrial Tribunal to decide whether their non‑employment was justified. …

The Union of India appealed against two High Court judgments that had entertained writ petitions filed by K.D. Batish and Ram Kishore Prasad, who had been recommended for appointment as Judicial Members of the Central Administrative Tribunal (CAT) but were not appointed after the Intelligence Bureau report on their ant…

The Supreme Court examined a writ petition concerning 133 containers of waste oil imported at Nhava Sheva port in 2000, which were later identified as hazardous waste containing PCBs. The petition sought relief from re‑export or destruction, arguing that PCB levels were within the 50 ppm limit of the Basel Convention. …

Dr. Suresh Gupta, a plastic surgeon, was charged under Section 304A of the IPC for the death of a patient during a minor nasal surgery. He sought quashing of the criminal proceedings under Section 482 of the CrPC, which the High Court refused. The Supreme Court examined whether the complaint and accompanying medical re…

The appellants, editors of a newspaper, were prosecuted for contempt after publishing material alleged to scandalise the administration of justice. The contempt petition was filed by the Assistant Charity Commissioner, who was a serving civil judge appointed under Section 5 of the Bombay Public Trust Act, 1950. The app…

The plaintiff filed a suit for partition of joint family property and rendition of accounts, alleging that the business carried on by his father (defendant No. I) on joint family land was a joint family business and that properties acquired from its income were joint family assets. The trial court held the business was…

The Supreme Court examined whether an amendment to the Air India Employees Self‑Contributory Superannuation Pension Scheme, made on 3 April 2002, could be applied retrospectively to retirees whose annuity rights had already crystallized. The Court held that the right to receive an annuity and its quantum become fixed a…

The Supreme Court examined appeals by several accused convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA) for murder and related offences. Their convictions were based primarily on confessional statements recorded by a Superintendent of Police under Section 15 of TADA, but the officer failed…

The landlord (respondent) sued the tenants Basant Singh and others (appellants). The trial court issued summons by ordinary process and by registered post, but receiving no service report it ordered fresh summons and substituted service by publishing notice in the newspaper "Dainik Bhaskar". The notice was actually pub…

In 1989 an eight‑year‑old girl was allegedly raped by 18‑year‑old Om Prakash in a Rajasthan village. The victim, her parents and a doctor testified; the FIR was lodged about 26 hours later due to lack of transport. The trial court convicted Om Prakash under Section 376 IPC and sentenced him to seven years’ rigorous imp…

The Uttar Pradesh Public Service Commission was directed to recruit 347 Civil Judges (Junior Division) starting in November 2002, but the examination was delayed until March 2004. The advertisement set the upper age limit as 35 years on 1 July 2004 and also claimed that candidates within the age on 1 July 2001 and 1 Ju…

Petitioner Sube Singh alleged that police illegally detained and tortured him and his family while trying to locate his son, who had killed a constable. He filed a writ petition under Article 32 seeking directions to stop the alleged atrocities and compensation as a public law remedy for violation of Article 21. The Co…

The deceased, a witness in a murder case, was shot dead at his home by the accused who sought to silence him. The trial court, relying on eye‑witness testimony and a post‑mortem report showing multiple gunshot injuries, convicted the accused under Sections 302 and 34 of the IPC and sentenced them to life imprisonment. …

The Supreme Court examined the constitutional validity and practical effect of numerous amendments to the Code of Civil Procedure (CPC) made by the 1999 and 2002 Amendment Acts. It held that the requirement of filing an affidavit under Section 26(2) and Order VI Rule 15(4) imposes additional responsibility on deponents…

Sakthi Trading Co., a partnership firm, was dissolved on the death of one partner but was immediately reconstituted with the remaining partners, so the business continued without interruption. The Income‑Tax Officer had valued the closing stock on the dissolution date at the usual "cost or market, whichever is lower" m…

Dr. Prodip Kumar Biswas, who runs alternative‑medicine institutions, advertised that his institutions were approved by the Calcutta High Court. A writ petition led the High Court to restrain him from using the Court’s name and to hold him guilty of criminal contempt, imposing a Rs 2,000 fine (order dated 11 May 1998). …

The Supreme Court entertained a contempt petition filed by environmental activist M.C. Mehta against Ashok Kumar Chhabra, who continued to operate a hot‑mix plant in Delhi despite the Court’s 1996 order directing closure of all hazardous (Ha) hot‑mix plants and subsequent orders allocating him an alternative site. The …

The All India Shia Conference (Branch) and others sued the Andhra Pradesh State Wakf Board seeking a declaration that institutions such as Panjas, Alams, Ashrukhanas, Asthanas and Imambadas were Shia wakfs and not Sunni wakfs. The trial court and the Andhra Pradesh High Court declared all the institutions to be Shia wa…