General Clauses Act

Rambeer Shokeen was arrested on 1 December 2016 in connection with offences under the Maharashtra Control of Organized Crime Act, 1999 (MCOCA) and the Arms Act. The prosecution filed an application on 28 February 2017 for an extension of time to file the charge‑sheet, which was pending when the appellant filed a statut…

The case concerned the interpretation of Customs Notification No. 20/1999, under which the respondents claimed a concessional customs duty rate for imported vitamin E50 feed powder. The Customs department denied the benefit, classifying the goods under a higher duty heading, leading to a series of appeals up to the Sup…

Glaxo India Ltd. manufactured three bulk drugs and their formulations. The Central Government fixed maximum prices for these drugs by notifications dated 12‑May‑1981, 20‑Nov‑1986 and 2‑Jan‑1989, the latter superseding the earlier ones. The Government later demanded that Glaxo deposit Rs 71.21 crore into the Drug Prices…

Capt. M. Paul Anthony, a security officer of Bharat Gold Mines Ltd., was arrested after a police raid at his residence recovered gold items. He was suspended and a departmental inquiry was initiated, but his request to stay the inquiry pending the criminal trial was denied. The inquiry proceeded ex parte, he was found …

The appellant, accused in a rape case, sought a cloned copy of the contents of a memory card/pen‑drive that the prosecution intended to rely upon, arguing that the electronic record should be treated as a "document" under the Evidence Act and thus be furnished under Section 207 of the CrPC. The trial court and High Cou…

The Himachal Pradesh Government introduced the 1999 Pension Scheme for employees of state-owned corporations, replacing the Employees' Provident Funds Scheme, 1995. After a high‑level committee found the scheme financially unsustainable, the Government issued a notification on 2 December 2004 repealing the scheme, allo…

The husband of petitioner Kavita was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) to prevent alleged smuggling. He made representations against his detention, which were rejected, and the Advisory Board later reported sufficient cause to…

The Jharkhand State Electricity Board (JSEB) appealed against a High Court order directing it to refund excess amounts charged to two high‑tension consumers under a 1994 agreement. The consumers had paid the bills under protest, arguing that after the Electricity Act, 2003, tariff power shifted exclusively to the State…

The appellants, land‑holders of plots 36‑43 in Survey No. 71, challenged the State of Gujarat's claim that their land had vested in the State under the Urban Land (Ceiling and Regulation) Act, 1976, on the basis of a handwritten corrigendum and a panchnama. The Supreme Court examined whether such a corrigendum could re…

The Supreme Court examined the interpretation of Government Order (G.O.) No.108 dated 20‑05‑1996, issued by the Government of Andhra Pradesh under its Target‑2000 industrial policy, which granted sales‑tax deferment/exemption to existing units expanding their capacity. The respondents, industrial units, claimed the ben…

The State of Karnataka appealed against the Karnataka High Court’s order acquitting a government servant, Chandrasha, who was convicted under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 for demanding and accepting a bribe of Rs 2,000 to facilitate the encashment of surrender‑leave …

Premier Automobiles imported a heavy grinding machine that was taken into the custody of the Bombay Port Trust Board upon landing. While the Board's employees were moving the case on a trolley, it fell and the machinery was severely damaged. Premier sued the Board for damages, alleging negligence, misfeasance and non‑f…

The appellant was charged with offences under Sections 408, 420, 467, 468 and 471 of the IPC, registered in May 2007. The Madhya Pradesh Amendment to the Code of Criminal Procedure, 1973, which came into force on 22 February 2008, shifted the jurisdiction for offences under Sections 467, 468 and 471 from a Judicial Mag…

The police, acting on a tip, stopped Daulat Ram who was carrying a bag on his head and offered him a choice under Section 50 of the NDPS Act to be searched before a magistrate, a gazetted officer, or the SHO; he chose the SHO. The bag was opened and contraband opium was found, leading to his conviction under Sections 8…

Harjit Singh and another, constables in the Punjab Police, were dismissed for being absent from guard duty at a hospital where an elderly convict was shackled. They challenged the dismissal, arguing that the disciplinary authority had not complied with Rule 16.2 of the Punjab Police Rules and the principles of natural …

The petitioners were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after gold and cash were seized from their premises. They filed representations against their detention, but the Government considered these representations only after confirming the detention order…

The Union of India issued an excise duty exemption for new industries in earthquake‑hit Kutch, promising a full cash/PLA refund. Subsequent notifications in 2008 limited the refund to a percentage based on actual value addition, citing tax‑evasion concerns. The original writ petitioners claimed the later notifications …

The original plaintiff filed a suit for specific performance of an oral sale agreement dated 12‑02‑1986 concerning a property that the owner subsequently sold to defendants No.2 and No.3 on 29‑08‑1986. The trial court granted the decree in favour of the plaintiff, but the first appellate court set aside the decree, hol…

The Foreign Exchange Management Act, 1999 (FEMA) repealed the Foreign Exchange Regulation Act, 1973 (FERA) but saved prosecutions for offences under sections 56 and 57 of FERA if cognizance was taken within two years of FEMA's commencement. An Enforcement Officer appointed under FERA filed a complaint on 11 February 20…

The Union of India appealed against a show‑cause notice issued to respondents for importing certain goods in August 1997, which was based on an order dated 14‑Nov‑1986 issued under Clause 8(1) of the Imports (Control) Order, 1986. After the Foreign Trade (Development and Regulation) Act, 1992 came into force, the impor…

The appellant, Mis. National Insurance Co. Ltd., sought to deny liability for an accident that occurred on 25 October 1983 at 11:14 a.m. The motor insurance policy had a renewal premium due on 14 October 1983, which was paid late on 25 October 1983 at 4:00 p.m. The policy expressly stated that coverage was suspended fr…

The appellants, the widow and daughter of Ishwar Singh, challenged the validity of Section 50(a) of the Delhi Land Reforms Act, 1954, claiming it violated Articles 14, 15, 21 and was repugnant to the Hindu Succession Act, 1956 after the latter's Section 4(2) was deleted by the 2005 amendment. The Supreme Court held tha…

Kailash Chand Mahajan, a retired chief engineer, was appointed Chairman of the Himachal Pradesh State Electricity Board in 1981 and his term was repeatedly extended. After he turned 65, the State introduced an ordinance and later an amendment act inserting an age‑limit provision into Section 5(6) of the Electricity (Su…

The Union of India had granted a ten‑year exemption from excise duty for certain goods, including pan masala and tobacco products, through a 2003 notification. In 2007 it issued a new notification withdrawing that exemption on the ground that the products were hazardous to health. Manufacturers such as Unicorn Industri…

The case concerned validation certificates issued by Tahsildars for transfers of agricultural land that were later cancelled by the Joint Collector exercising suo‑motu power under Section 50‑B(4) of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act. The appellants argued that the Collector could act…

M.N. Sundarajan, a Section Officer in the Tamil Nadu Secretariat, was compulsorily retired on 2 March 1976 under Fundamental Rule 56(d). He challenged the retirement in the Madras High Court, arguing that the Review Committee which considered his case was improperly constituted, as the Government Order of 19 March 1973…

The appellant, a director of a mining company, was granted a lease to excavate sand in specific plots in Mirzapur, Uttar Pradesh, but was alleged to have mined sand outside the permitted area, leading to registration of an FIR under Section 379 IPC, the Mines and Minerals (Development and Regulation) Act, 1957 and the …

Salonah Tea Co. paid taxes under assessment orders issued under the Assam Taxation (On Goods Carried by Road or Inland Waterways) Act, 1961. The assessments were later declared ultra vires and the tax was held to have been collected without legal authority. The company filed writ petitions under Article 226 seeking a r…

The appellants, importers of PVC resins and aluminium products, relied on government notifications under Section 25(1) of the Customs Act, 1962 that exempted their goods from customs duty up to a specified date. The Central Government later issued withdrawal notifications before the expiry dates, citing changing market…

The State of Andhra Pradesh had granted mining leases to its corporation and, with its permission, sub‑leases to private parties. The State later withdrew permission for the sub‑leases, leading the sub‑lessees to file writ petitions alleging illegal cancellation and seeking compensation. The High Court held the sub‑lea…

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

Dr. (Mrs.) Vijaya Manohar Arbat, a married medical practitioner, was sued by her father, Kashirao Rajaram Sawai, for maintenance under Section 125(1)(d) of the Criminal Procedure Code, 1973, on the ground that he could not maintain himself. The trial magistrate and the Bombay High Court held the application maintainabl…

The Cellular Operators Association of India (appellants) challenged the Government's decision to permit Fixed Service Providers to offer Wireless in Local Loop (WLL) with limited mobility, arguing that the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) failed to consider the level‑playing‑field issue, viola…

The landlords filed a suit for possession under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The dispute centered on whether a notice dated 7‑8‑1980, sent by registered post to the tenant company, was validly served under Section 106 of the Transfer of Property Act, and whether the tenants were in…

The lessees of a Nazool lease applied to the Lucknow Development Authority for permission to construct a multi‑storeyed building, which was granted on 31 January 1985. The State Government later issued directions alleging violations of lease conditions and, after a show‑cause notice, cancelled the lease and the buildin…

Vithal Y. Gaitonde was appointed as a temporary operator in the Goa Post & Telegraph Services on 11 June 1962 under the Goa, Daman & Diu (Repeal of Posts and Telegraphs Law) Regulation, 1962, after Goa's liberation from Portuguese rule. He retired on 31 January 1994 and claimed that, because his appointment was governe…

The Supreme Court examined a dispute between Entertainment Network (India) Ltd. (Radio Mirchi) and Super Cassettes Industries Ltd. over the broadcast of copyrighted sound recordings. The appellant sought a compulsory licence under Section 31(1)(b) of the Copyright Act, 1957, after the Copyright Board had fixed royalty …

The Supreme Court examined two appeals challenging the forfeiture of gratuity by a public sector undertaking (Western Coal Fields Ltd.) and the Maharashtra State Road Transport Corporation (MSRTC) after employees were terminated for misconduct. The employees argued that forfeiture required a criminal conviction, which …

The former Chief Minister of Andhra Pradesh, N. Chandrababu Naidu, was added as accused No.37 in FIR No.29/2021 alleging massive misappropriation of funds related to skill development projects, invoking offences under the Prevention of Corruption Act, 1988 and the IPC. He sought quashing of the FIR and the remand order…

After the signing of an accord between the Prime Minister and Sikh leader Sant Harchand Singh Longowal, an extremist group conspired to assassinate the Sant. Gian Singh and co‑assailants opened fire on the Sant during a public meeting on 20 August 1985, causing his death. They were overpowered, arrested, and convicted …

The Madras Port Trust Employees (Appointment, Promotion etc.) Regulations, 2000 required a civil engineering degree for appointment as Executive Engineer, thereby excluding diploma holders from promotion. Diploma engineers, relying on Central Government recommendations for a 4:1 promotion ratio, sought judicial relief.…

The appellant, a member of the Oraon tribe, alleged that her husband, a Santhal, contracted a second marriage while their first marriage subsisted, and filed a criminal complaint for bigamy under Section 494 of the IPC. The trial magistrate dismissed the complaint for lack of evidence of any tribal custom that makes a …

The tenant (appellant) occupied a flat in Kolkata and was served a summons for eviction on 29 September 2022. He filed applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997, together with a Section 5 Limitation Act application, 17 days after the statutory 30‑day period for depositing r…

The case concerned the tenure of members of the Sikh Judicial Commission under the Sikh Gurdwaras Act, 1925, and the validity of several notifications issued by the Punjab Government and the Central Government. The appellant, Kashmir Singh, challenged the removal of commission members and the re‑constitution notificati…

The appellant, a Sub‑Inspector of Uttar Pradesh Police, was ordered to withhold his integrity certificate for 2010 on the ground that he failed to record the past criminal history of an accused in a bailable offence. He challenged the order, arguing that withholding the certificate was not a punishment contemplated und…

The appeal concerned the territorial jurisdiction of a criminal court to try an offence under Section 138 of the Negotiable Instruments Act, 1881. The complainant, National Panasonic India Ltd., filed a complaint in Delhi alleging that a cheque drawn and presented in Chandigarh was dishonoured and that a notice was ser…

The Uttar Pradesh Avas Evam Vikas Parishad Act, 1965 authorised acquisition of land for a housing scheme and issued notifications under its Sections 28(1) and 32(1). The State later issued acquisition notices under the Land Acquisition Act, 1894. The appellants challenged whether the three‑year limitation in the first …

Suryakant V. Mahadik, a Shiv Sena candidate, was elected to the Maharashtra Legislative Assembly from the Nehru Nagar constituency. Saroj Sandesh Naik filed an election petition alleging that Mahadik, during a religious gathering at Sarveshwar Mandir, appealed to voters on the basis of "Hindutva" and urged them to vote…

The consumer, Suresh Jindal, challenged the replacement of his electromechanical electricity meter with an electronic one by BSES Rajdhani Power Ltd, alleging the new meter ran fast (+1.79%) and was illegal. He sought a writ of mandamus to quash the replacement and the testing report. The Delhi High Court dismissed the…

The State of Kerala issued a Government Order on 11 July 1986 promising exemption from building tax for hotels set up in the state, and subsequently amended the Kerala Buildings Tax Act, 1975 by inserting Section 3A on 6 November 1990 to give effect to that promise. M/s Manuelsons Hotels Private Limited relied on the p…

The Andhra Pradesh State Electricity Board was required under the Emergency Risks (Factories) Insurance Act, 1962 to insure its distribution and transmission lines against war‑risk damage. The Director of the Emergency Risks Insurance Scheme fixed a balance premium of Rs 47,59,109, which the Board contested on four gro…

The Uttar Pradesh Power Corporation Ltd. granted a 33.33% hill‑development rebate on electricity charges to new industrial units in hill districts through notifications issued under Section 49 of the Electricity (Supply) Act, 1948, for a period of five years. Subsequent notifications in 1998 and 1999 reduced the rebate…

M/S NOPANY INVESTMENTS (P) Ltd., the landlord, sought eviction of SANTOKH SINGH (HUF) tenant. The junior HUF member, Jasraj Singh, filed the suit claiming to be the Karta despite the senior brother being alive but residing abroad and having executed a power of attorney. The Supreme Court held that under such exceptiona…

The Life Insurance Corporation (LIC) and its workmen entered into two 1974 settlements under the Industrial Disputes Act (ID Act) that provided a cash bonus to Class III and IV employees. After the settlements expired, LIC issued notices under s.19(2) and s.9A of the ID Act and the Central Government amended Regulation…

The Municipal Corporation of Pune collected octroi duties from the Poona Cantonment under a 1963 schedule of octroi rules, which the respondents challenged as illegal. The Supreme Court examined whether the 1881 Government Notification authorising octroi collection allowed rates and articles to be varied over time, and…

The respondents had executed a usufructuary mortgage in favour of the appellant and later claimed to be "debtors" under the Tamil Nadu Debt Relief Act, 1979. The dispute turned on the meaning of the expression "not less than Rs. 1200" in the proviso to Section 3(3) of the Act, which exempts persons whose property renta…

The appellant, Topline Shoes Ltd., challenged a decision of the Gujarat State Consumer Disputes Redressal Commission that it had accepted a reply from the respondent, Corporation Bank, filed after the 45‑day period prescribed under Section 13(2)(a) of the Consumer Protection Act, 1986. The appellant argued that the pro…

Mis Aqueous Victuals Pvt. Ltd. bottled soft drinks and sold them through wholesalers in four Uttar Pradesh municipalities. The municipalities levied octroi on the gross weight of the beverages plus the weight of the glass bottles, even though the empty bottles were returned to the company for recycling. The company cha…

The appellants were arrested following a deadly riot and were remanded to judicial custody on July 20, 1985, with successive extensions until October 18, 1985. A charge‑sheet was filed on October 17, the 90th day of remand, and the magistrate granted bail, holding that the 90‑day limit in proviso (a) to Section 167(2) …

The State of Himachal Pradesh appealed against the acquittals of Pawan Kumar in two criminal appeals, challenging the High Courts' findings that Section 50 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act was not complied with during the search of a bag carried by the accused. The Supreme Court examined whe…

The Rajasthan Electricity Regulatory Commission (State Commission) was asked to approve the procurement of 1,000 MW of power through a competitive bidding process. After negotiations, the Commission approved only 500 MW and adopted the tariffs of the lowest bidders, while the higher‑priced bids of L‑4 and L‑5 were reje…

The appellants, exporters of coffee, participated in a Coffee Board auction on 18 May 1977. Clause 10 of the auction terms provided that any increase or reduction in taxes or duties occurring within 45 days from the date of auction, inclusive of that day, would be shared equally between the Board and the purchasers. On…

The appellants, tenants in Chandigarh, challenged a 7 November 2002 notification issued by the Administrator under Section 3 of the East Punjab Urban Rent Restriction Act, 1949, which exempted buildings and rented land with monthly rent exceeding Rs.1500 from the Act's provisions. The High Court had upheld the notifica…

The petitioners, tribal women from Bihar, challenged Sections 7, 8 and 76 of the Chota Nagpur Tenancy Act, 1908 as discriminatory against women and violative of Articles 14, 15 and 21 of the Constitution. The Court examined whether the Hindu Succession Act, 1956 and the Indian Succession Act, 1925 applied to Scheduled …

The Commissioner of Wealth Tax, Amritsar appealed against a High Court order that had ruled in favour of Suresh Seth, who had filed his wealth‑tax returns for 1964‑65 and 1965‑66 years several years late. The department had levied penalties under section 18(1)(a) of the Wealth Tax Act, applying different rates for peri…

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 appellants, Nabha Power Ltd. and its associate, bid for a mega‑power project under a Request for Proposal (RFP) that required bidders to consider the law as defined in Clause 1.1 of the Power Purchase Agreement (PPA). They argued that a press release dated 01‑Oct‑2009 announcing Cabinet approval of modifications to…

The case concerned three former Short Service Commissioned Officers who had joined the Indian Army after the period of emergency and were later appointed to the Uttar Pradesh Provincial Police Service. They claimed back‑service seniority and other benefits under the Uttar Pradesh Non‑technical (Class‑II) Services (Rese…

The appellant State of Haryana appealed the High Court's acquittal of Suresh, who had been convicted under Section 18 of the NDPS Act for possession of opium discovered in a false bottom of his attaché case. The High Court set aside the conviction on the ground that the search of the bag violated the mandatory requirem…

The appellant was arrested on 26 September 1999 for possession of 600 grams of heroin and was convicted under Section 21 of the NDPS Act, receiving a ten‑year rigorous imprisonment and a fine. The conviction was affirmed by the High Court, and the appellant appealed, contending that the Narcotic Drugs and Psychotropic …

The Supreme Court examined whether a company, being a juristic person, can be prosecuted under Section 56 of the Foreign Exchange Regulation Act, 1973 when the statute mandates both imprisonment and fine. The appellants argued that because a company cannot be imprisoned, the provision could not apply to them. The Court…

Jayshree Chemicals, a power‑intensive industry, entered into supply agreements with the Orissa State Electricity Board. The State Government, invoking Section 228 of the Electricity Act, 1910, issued yearly notifications restricting power consumption and waiving minimum‑charge liability for certain water years. For the…

The Supreme Court examined whether the Rajasthan Government must, as a matter of law, constitute a committee of management for a Jain temple that falls under Chapter X of the Rajasthan Public Trusts Act, 1959, or whether it retains discretionary power. The Court held that Section 53 uses the word "shall," indicating an…

The Calcutta Club, a Section 25 company operating as a members' club, was served with a notice for non‑payment of sales tax on food and drinks supplied to its permanent members. The Club argued that, under the doctrine of mutuality, no sale occurred because the supplier and the buyer were the same persons, a view uphel…

The Bangalore Development Authority (BDA) acquired land for the Koramangala layout under the Mysore/Land Acquisition Acts, paid compensation and took possession. The predecessor Board of Trustees (CITB) passed a 1972 resolution to re‑convey 6 acres 20 guntas to R. Hanumaiah, subject to the withdrawal of compensation, w…

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…

The Supreme Court examined the validity of two Goa Government notifications (15‑May‑1996 and 1‑Aug‑1996) granting a 25% electricity tariff rebate to industrial consumers. The appellants argued that the notifications were lawful government decisions, while the State contended they were issued by the Power Minister witho…

The appellant purchased agricultural land near the Grand Trunk Road in 1986 and erected a dhaba without obtaining permission under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963. The land lay in a "controlled area" declared by a Gazette notification under Section 4(1) o…

The appellants, owners of land in Mumbai, challenged the municipal corporation’s acquisition of their property for a link road, arguing that the road could only be built after amending the Development Plan under the Maharashtra Regional Town Planning Act (MRTP Act). The High Court upheld the acquisition, holding that t…

The appellant, a permanently locomotor‑disabled electrician employed by Himachal Pradesh State Electricity Board since 1985, was scheduled to retire on 30 September 2018 at age 58. An Office Memorandum dated 29 March 2013 had extended the superannuation age to 60 years for physically disabled employees, but only for th…