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426 judgments · newest first · showing 201–400
The State of Uttaranchal auctioned crude resin and the highest bid was placed by Khurana Brothers, leading to a formal contract of sale dated 24 March 2001 and an acceptance letter on 7 April 2001 requiring the resin to be lifted within 60 days. The issue before the Supreme Court was whether this …
The Greater Mohali Area Development Authority allotted a flat to Manju Jain under a hire‑purchase scheme, sending her an allotment letter by registered post and requiring acceptance and a 25% deposit within 60 days. Jain never responded, deposited no money, and after four years the Authority …
The appellant, Sulochana Chandrakant Galande, challenged the acquisition of her land by the State under the Urban Land (Ceiling and Regulation) Act, 1976, arguing that the land was not within urban limits at the Act's commencement and that the later repeal of the Act should invalidate the …
The State of Himachal Pradesh entered into a construction contract and, after a dispute over extra work payment, the matter was referred to arbitration. The arbitrator issued an award on 5 November 2007, which was physically delivered to the office on 10 November (a holiday) but actually received by …
The State of Maharashtra issued a notification under s.95 CrPC ordering the forfeiture of every copy of the book "Shivaji – Hindu King in Islamic India" on the basis of an FIR alleging offences under s.153, s.153A and s.34 IPC. The High Court quashed the notification, holding it failed to state the …
The appellants, private bus operators, claimed that a 1999 notification under s.102(1) of the Motor Vehicles Act, 1988, which purported to modify the 1993 scheme and allow them to operate on the Saharanpur‑Delhi inter‑state route, was validly approved by a Hearing Authority and could not be …
The actress S. Khushboo made remarks in a 2005 news‑magazine survey endorsing societal acceptance of premarital sex and live‑in relationships. Several members of the PMK political party filed criminal complaints alleging defamation, obscenity, indecent representation of women and incitement under …
The case concerned whether the erection of an Asphalt Drum/Hot Mix Plant using duty‑paid components constitutes the manufacture of excisable goods under Section 2(d) of the Central Excise Act, 1944, and whether the manufacturers of the plant’s parts were eligible for exemption under Notification …
The Securities and Exchange Board of India (SEBI) issued a show‑cause notice and later a restraining order under Sections 11, 11(4)(b) and 11‑B of the SEBI Act, 1992, prohibiting Ajay Agarwal from associating with any corporate body and from dealing in securities for five years, based on alleged …
The Supreme Court examined the validity of Section 6 declarations issued after Section 4 notifications for land acquisition in Delhi, where the notifications were dated November 1980 and the declarations were issued in 1985‑86. The appellants argued that the three‑year limitation for issuing a …
Kalyanpur Cement Ltd., a sick industrial unit, sought a five‑year sales‑tax exemption under Bihar's Industrial Policy, 1995, as a condition for a financial restructuring package. The State repeatedly assured the company that a notification would be issued, but later withdrew the promise and issued …
The appellant applied for the post of Armourer on the prescribed last date of 14 April 2003, which was a gazetted holiday, but could not attach the required medical certificate because the holiday and preceding holidays prevented him from obtaining it; he submitted the certificate on 15 April. The …
The Supreme Court examined whether a ministerial note dated 8 June 1999 could be treated as a decision under Section 48(1) of the Land Acquisition Act, 1894 to withdraw from the acquisition of land occupied by Shanti Sports Club, and whether the Government’s refusal to de‑notify the land (letter …
The Kerala High Court directed the State to implement the 1975 Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, but the State failed to comply, leading to multiple extensions and a contempt petition. The State subsequently enacted the 1999 Kerala …
The Supreme Court examined whether the Government of Meghalaya could issue a memorandum under Section 138(2)(b) of the Motor Vehicles Act, 1988 authorising weigh‑bridge installations and fee collection without the rules prescribed by the Act being framed. The Court held that the Constitution …
The appellant borrowed Rs 1,00,000 from the respondent and issued a cheque which was dishonoured on 2 December 2003. The respondent received intimation of the dishonour on 3 December 2003 and issued a legal notice on 2 January 2004, i.e., on the 31st day. The appellant was convicted under Section …
The appeal arose from a partition suit concerning the self‑acquired property of the deceased Govinda Singh, who allegedly left a will in favour of his son (the appellant). The daughters contested the will’s validity and sought partition of the dwelling house. The key legal issue was the effect of …
The appellants, owners of approximately 160 kanals of land in Jagadhri, Haryana, challenged the State's failure to make a compensation award within two years of the declaration under the Land Acquisition Act, 1894, arguing that the statutory lapse under Section 11A amounted to a withdrawal from …
Ashok Iron Works Pvt. Ltd., a private limited manufacturing company, filed a complaint under the Consumer Protection Act, 1986 against Karnataka Power Transmission Corporation (KPTC) for delay in electricity supply. The key issues were whether a private limited company qualifies as a ‘person’ under …
Jitendra Panchal was arrested in Austria, extradited to the United States and convicted under the US Controlled Substances Act for conspiracy to possess and distribute hashish, serving a 54‑month sentence. After deportation to India, he was arrested by the Narcotics Control Bureau and charged under …
Eerati Laxman was convicted of murder under s.302 IPC for killing Pittala Chandrakala on 9 May 1994 and sentenced to life imprisonment. He contended that he was a juvenile under the Juvenile Justice Act, 1986, claiming his birth date was 10 May 1978, and thus had not attained the age of 16 at the …
The Supreme Court examined the constitutionality of sections 2(3) and 2(5) of the Prevention of Terrorism (Repeal) Act, 2004, which allow a Review Committee to deem cases registered under the repealed POTA as withdrawn when it finds no prima facie case. The petitioners (relatives of Godhra‑train …
Subramanian Swamy, as president of the de‑recognised Janata Party, challenged Clause 10A of the Election Symbols (Reservation and Allotment) Order, 1968, which allows a six‑year grace period for a party that loses its recognised status to retain its exclusive symbol. He argued that the provision was …
Glaxo Smith Kline PLC and others applied for a patent and an Exclusive Marketing Right (EMR) in 1998‑2000. The Controller of Patents rejected the EMR in 2002; the applicants filed writ petitions and a Calcutta High Court Single Judge set aside the rejection and remanded the matter. The Controller …
The respondents sought sanction for a two‑and‑a‑half‑storey building with 15 dwelling units on a plot in the Lutyens' Bungalow Zone (LBZ) of Delhi. The New Delhi Municipal Council (NDMC) rejected the plans, citing violation of LBZ guidelines dated 8 February 1988 issued by the Ministry of Urban …
The Assistant Commissioner of Commercial Taxes, GOONDLA VENKATESWARLU, inspected a business premises and later faced a criminal complaint alleging forcible seizure of books and extortion under IPC sections 448, 380, 384 and 506. The complaint was challenged on the ground that Section 37 of the …
The Agricultural Produce Market Committee (AMC) of Narela claimed exemption from income tax under section 10(20) of the Income Tax Act, 1961, asserting it was a "local authority". The Finance Act, 2002 added an exhaustive Explanation to section 10(20) defining "local authority" as a Panchayat, …
The appellant had taken a loan and issued post‑dated cheques which were later dishonoured; a legal notice was sent on 17‑01‑2001 and a complaint under Section 138 of the Negotiable Instruments Act was filed on 20‑04‑2001, later amended to include Section 420 IPC. The High Court held that the …
The Wakf instituted suits for recovery of possession of certain properties, which the appellants claimed were private and barred by limitation under Article 134‑B of the Limitation Act, 1908, also pleading adverse possession. The trial court held the properties were Wakf property and barred by …
The Supreme Court examined whether the Kerala Government Order of 26 September 2000, which retrospectively withdrew electricity tariff concessions granted to classified hotels under a tourism‑industry policy, was valid. The hotels argued that the withdrawal violated their accrued rights, the …
The Delhi Bar Association challenged a notification issued by the Lieutenant Governor of the National Capital Territory of Delhi that divided the territory into nine civil districts, alleging that the Lt. Governor lacked authority and that the decision was a policy matter not subject to judicial …
The appeal concerned an accident that occurred in 1983 for which a claim under Section 92‑A of the Motor Vehicles Act, 1939 was awarded. The State of Punjab sought to increase the compensation by invoking Section 140 of the Motor Vehicles Act, 1988, which raised the no‑fault liability amount. The …
The appellants, offshore drilling companies, operated oil rigs in India's designated offshore areas (continental shelf and exclusive economic zone) and sought to import stores for the rigs without customs duty, relying on the exemption for foreign‑going vessels under the Customs Act. The Revenue …
The trial court convicted five accused of offences under Sections 148, 323, 324, 325 and 326 read with Section 149 of the IPC and sentenced them to imprisonment and fines. On appeal, the High Court reduced some sentences, enhanced the fine and ordered the accused to be released on probation under …
The appellants, including Karnataka Bank Ltd., Shaw Wallace & Co., and a partnership firm, challenged notices requiring each of their branches in Andhra Pradesh to pay profession tax of Rs.2500 per annum, arguing that the explanation to the definition of "person" in the Andhra Pradesh Tax on …
The appellants, Poonam Verma and others, had registered under the Fifth Self‑Financing Housing Registration Scheme of the Delhi Development Authority (DDA) but never received a flat. After the scheme was closed, they sought inclusion in the "out‑of‑turn allotment" (OTA) quota based on a letter dated …
The appellant issued a cheque on 31 March 1998 which was dishonoured on two occasions; notices were served and a complaint under Section 138 of the Negotiable Instruments Act was filed on 28 November 1998. The appellant sought to quash the complaint on the ground that the complaint was filed beyond …
The Gujarat Maritime Board (GMB), a statutory authority created under the Gujarat Maritime Board Act, 1981 to develop minor ports, applied to be registered as a charitable institution under Section 12A of the Income‑Tax Act, 1961 to claim exemption under Section 11. The Commissioner of Income Tax …
Sangam Spinners set up a factory on 1 September 1995 and claimed exemption from the Employees Provident Funds Act, 1952 under clause (d) of Section 16(1), which provided a three‑year infancy protection. In 1998, the clause was omitted by amendment Act No. 10 of 1998 with retrospective effect from 22 …
The U.P. Forest Corporation sought exemption from income tax on the ground that it was a charitable institution under Section 11(1)(a) of the Income Tax Act, 1961. The corporation had not obtained registration under Section 12A, which is a prerequisite for invoking the charitable exemption. The …
Shanti Lal was caught carrying 7 kg 60 g of contraband opium and was convicted under Sections 8 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court sentenced him to ten years' rigorous imprisonment and a fine of Rs.1 lakh, with an additional three years' imprisonment …
The National Insurance Co. issued a motor insurance policy to the respondents that expired on 29‑06‑1994. An accident occurred on 20‑07‑1994 at 9:15 a.m., three weeks after the policy had lapsed, and the policy was renewed only at 2:00 p.m. on the same day via a Motor Renewal Endorsement. The claim …
The appellant Alavi Haji filed a complaint under Section 138 of the Negotiable Instruments Act alleging that the respondent Palapetty Muhammed had failed to pay a dishonoured cheque. The complaint stated that a notice was sent by registered post but was returned with an endorsement that the …
The petitioners, non‑graduate veterinary practitioners, challenged the applicability of Section 30 of the Indian Veterinary Council Act, 1984, which limited practice to degree‑holders and allowed only "minor veterinary services" for diploma or certificate holders. They argued that this violated …
The Supreme Court examined the constitutionality of the Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003, holding that the State has legislative competence under Entry 53 of List II and that the Act does not conflict with the Electricity (Supply) Act, 1948. The Court clarified that the …
The respondent, Dinkar Sinha, was commissioned as an Indian Army officer in March 1979, discharged in 1988, and later joined the Uttar Pradesh Police Service under vacancies reserved for ex‑army personnel. He sought additional seniority under the Uttar Pradesh Non‑Technical (Class‑II/Group B) …
Following the demolition of the Babri Masjid, two criminal cases (197/92 and 198/92) were registered and investigated by the CBI. The Uttar Pradesh Government, after consulting the Allahabad High Court, established a Special Court at Lucknow via a notification dated 9 September 1993, but later …
Mis. Amtek India Ltd. purchased plant and machinery and was assessed a penalty under Section 78(5) of the Rajasthan Sales Tax Act, 1994 on the ground that the invoice and delivery challan dates did not match, leading the Assessing Officer to deem the documents non‑genuine. The assessee successfully …
The Supreme Court examined whether offences under the Essential Commodities Act, 1955 (including those committed during the period of the Essential Commodities (Special Provisions) Act, 1981) fall within the ambit of the Maharashtra Control of Organized Crime Act, 1999 (MCOCA). It held that the 1955 …
Gulzar was convicted of stealing an attache containing about Rs 55,000 from Vinod Kumar Aggarwal on a bus; the attache was later recovered from Gulzar’s possession but he could not explain the source of the money. The trial court sentenced him to three years’ rigorous imprisonment under Section 379 …
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 …
The State Bank of Hyderabad sued the Town Municipal Council for an injunction concerning a plot it had purchased at public auction. During the proceedings the bank sought leave to amend its plaint, which was initially allowed by the appellate court. The High Court set aside that order, relying on …
The appellant Mandi Parishad sought market fee on cut tobacco processed by ITC Ltd in Saharanpur and sent to its own factory in Calcutta and to contract manufacturers. The Mandi Samiti’s President exempted the consignment to Calcutta but referred the contract‑manufacturer case to the Director, who …
The Supreme Court examined a habeas corpus petition challenging a detention order passed under the Karnataka Prevention of Dangerous Activities of Boot‑Leggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985. The order was issued on 7 Oct 2005, approved by …
The petitioners, sons of murder victims, challenged the Governor of Andhra Pradesh’s order granting remission of the unserved portion of a ten‑year rigorous imprisonment sentence imposed on respondent No.2 for murder. They argued that the remission was granted on irrelevant and extraneous material, …
A. Parthiban, a public servant, was convicted for demanding and receiving illegal gratification, an act that attracted charges under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. The trial court sentenced him to six months' rigorous imprisonment with a fine of …
The Madhya Pradesh State Electricity Board (MPSEB) challenged two notifications issued by the Central Government fixing the dissolution date of the erstwhile MPSEB as 15‑Nov‑2000 and apportioning assets, rights and liabilities between MPSEB and the newly formed Chhattisgarh State Electricity Board …
The case involved six accused, of whom four were convicted under IPC sections 307/34, 324/34 and 323/34 for a violent assault. The trial court sentenced them, and the High Court upheld convictions under sections 324/34 and 323/34 but acquitted on 307/34. On appeal, the accused argued that the High …
The Supreme Court considered an appeal by Channi, who had been convicted under the IPC and whose sentence was partially altered by the Allahabad High Court. Channi applied for release on probation under Section 4 of the Probation of Offenders Act, alternatively under Section 360 of the Code of …
The appellant issued a cheque of Rs.1,25,000 which was dishonoured for insufficient funds. The respondent sent a legal notice by registered post, which was returned unserved with the endorsement "party not in station arrival not known". A complaint under Section 138 of the Negotiable Instruments Act …
The State of Kerala had established a Family Court at Manjeri in 1999, but due to inadequate facilities the Bar Association sought its relocation to the district headquarters at Malappuram. The High Court recommended the shift, and the State Government issued an order effecting it. The appellants …
The Adityapur Industrial Area Development Authority (the Authority) challenged a notice issued by the Income Tax Department requiring the bank to deduct TDS on interest earned on its fixed deposits, arguing that its income was exempt under Article 289 of the Constitution and Section 10(20) of the …
The appellant insurer had issued a statutory third‑party motor insurance policy for a scooter sold by respondent No.5 to respondent No.1 in March 1989, but no notice of the transfer was given to the insurer. The scooter was involved in an accident on 31 October 1989, after the Motor Vehicles Act, …
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 …
Mis Gammon India Ltd., a construction company, was alleged to have falsely issued Form‑G and claimed concessional tax rates under the Andhra Pradesh General Sales Tax Act, 1957 (APGST). The Assistant Commissioner of Commercial Taxes issued show‑cause notices and, after hearing the appellant, …
Four jute mills filed writ petitions seeking a declaration that the 1998 amendment (Act 10 of 1998) removing clause (d) of Section 16 of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 did not affect the "infancy protection" they had already accrued. The amendment eliminated the …
The appellants filed a civil suit in the Original Side of the Calcutta High Court without attaching an affidavit, as required by the 2002 amendments to Section 26, Order IV and Order VI Rule 15 of the Code of Civil Procedure. The Division Bench of the Calcutta High Court held the suit non‑est and …
The Madras City Tenants Protection Act, 1921 gave tenants who built structures on landlords' land protection against eviction and a right to compensation. The Madras City Tenants Protection (Amendment) Act, 1994 (effective 1996) amended the Act to exempt tenancies of land owned by religious …
The case concerned the selection of migrant Scheduled Caste (SC) candidates for posts reserved for SCs in the Union Territory of Pondicherry. The Central Administrative Tribunal (CAT) had declared the selection illegal, holding that only SCs listed in the 1964 Presidential Order for Pondicherry were …
Parle Biscuits Ltd., a biscuit manufacturer, sought the concessional 4% sales‑tax rate on cardboard (corrugated) boxes used for packing, a benefit previously enjoyed by its predecessor under Section 13(1) of the Bihar Finance Act, 1981. After the 1985 amendment inserting clause (e) to Section 13(1) …
The Union of India appealed against a Calcutta High Court order that quashed a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against Rajen Ghosal, an exporter accused of mis‑declaring export consignments. …
The appellant, the U.P. Commissioner of Trade Tax, challenged the High Court’s order allowing Mis D.S.M. Group of Industries to claim a trade‑tax exemption under a 1997 Notification. The dispute centered on whether a "unit" for purposes of expansion, modernization or diversification meant each …
The Haryana Urban Development Authority (HUDA) allotted a residential plot to an applicant who deposited earnest money. Clause‑4 of the allotment letter required the applicant to communicate non‑acceptance within 30 days or forfeit the deposit. The applicant mailed a registered notice of …
The appellant was charged under Section 138 read with Section 142 of the Negotiable Instruments Act for dishonouring a cheque. The complainant sent a legal notice to the appellant, which was returned stamped "house locked". The trial magistrate dismissed the complaint on the ground that the notice …
T.T.G. Industries Ltd. entered into a contract with Bhilai Steel Plant to design, supply, and erect hydraulic mudguns and tap‑hole drilling machines. Components were imported and some were manufactured at its Chennai factory, then shipped to the steel plant where they were assembled on a concrete …
The State of West Bengal filed a criminal appeal against S.K. Bormal and others, who were charged under the Prevention of Corruption Act, 1947 for offences alleged to have been committed in August 1988. The 1947 Act was repealed on 9 September 1988 by the Prevention of Corruption Act, 1988, and the …
The respondent, a former commercial superintendent of the Delhi Vidyut Board, was convicted under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 for demanding and accepting a bribe of Rs.1,500. The trial court sentenced him to 20 months and 40 months of rigorous imprisonment …
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 …
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 …
The Union of India appealed against a Bombay High Court order that set aside a forfeiture order under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) on the ground that the first proviso of Section 2(2)(b) rendered the proceedings non est after the …
The husband of the petitioner was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) for alleged undervaluation of imported goods. He filed three representations – two to the Joint Secretary (detaining authority) and one to the Central …
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 …
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 …
The Andhra Pradesh Prohibition & Excise Superintendent raided toddy shops of the Toddy Tappers Cooperative Society and found adulterated toddy containing alprazolam. Licences were suspended after samples were sent to independent laboratories under an amended Rule 24 of the A.P. Excise (Arrack and …
The petitioners, Common Cause, sought a writ of mandamus to compel the Union of India to issue a Gazette notification under Section 1(3) of the Delhi Rent Act, 1995, which required the Central Government to fix the date of the Act’s commencement. The Central Government had not issued such a …
The respondents were injured in a motor accident on 18 February 1989 and filed a claim petition for compensation on 2 November 1995. The appellant, New India Assurance Co., argued that the claim was barred by the six‑month limitation prescribed in Section 166(3) of the Motor Vehicles Act, 1988 (as …
The Central Bank of India, a tenant, faced eviction proceedings initiated by the landlords under the Bombay Rents Act, which were initially dismissed in its favour. After the Maharashtra Rent Control Act, 1999 came into force, the landlords invoked Section 3(1)(b) to terminate the tenancy, leading …
The appellant challenged a 1998 government notification that excluded a small portion of Cubbon Park for construction, arguing it violated the Karnataka Government Parks (Preservation) Act, 1975 and the Constitution’s right to life. The High Court upheld the notification, limiting future …
Shiv Shakti Coop. Housing Society filed revision petitions under Section 115 of the CPC against interim orders of a subordinate court. The High Courts dismissed the petitions, holding that the 1999 amendment to Section 115 made such interim orders non‑maintainable for revision. The Society appealed, …
The appellant's son was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He filed a first representation on 12 April 2002 challenging the detention, which was rejected by the Central Government after the Advisory Board’s opinion. A second …
The State of Rajasthan prosecuted Hat Singh and others under the Rajasthan Sati (Prevention) Act, 1987 for "glorification of Sati" (Section 5) and for contravention of a prohibitory order issued by the Collector (Section 6(3)). The High Court held that once a prohibitory order was issued, Section 5 …
The dispute concerned the legality of the Orissa State Government's recommendation to grant a mining lease of 84.881 hectares of chromite to Nava Bharat Ferro Alloys Ltd. (respondent ‘N’) and the subsequent approval of that recommendation by the Central Government. The appellant, Indian Charge …
The Supreme Court examined whether the three‑month payment period prescribed in Section 67(1) of the Voluntary Disclosure of Income Scheme, 1997 could be extended. The Court held that the word "shall" makes the deadline mandatory and that Section 67(2) expressly deems a declaration invalid if …
Vasant Arjunrao Bhandak was charged under the Prevention of Corruption Act, 1988 and contended that the Principal Sessions Judge, Belgaum, lacked jurisdiction because the judge was not a "Special Judge" as defined in Section 3 of the 1988 Act. He argued that the appointment of the judge under a …
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 …
The appellants, General Finance Co. and another, received deposits in 1985 and were prosecuted in March 1989 under Section 276DD of the Income Tax Act for violating Section 269SS. Section 276DD was omitted from the Act by the Direct Tax Law (Amendment) Act, 1987, effective 1 April 1989. The High …
The case involved a dwelling house inherited by a brother (respondent) and his two sisters (appellants) who had received their shares by gift from their mother. The sisters filed a partition suit; during the proceedings the younger sister married and the brother sought to pre‑empt her share under …
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 …
The appellant, Ranajoy Bose, was charged under the Prevention of Food Adulteration Act, 1954 for selling adulterated tea leaves. The prosecution was launched after obtaining consent from the District Health Officer (IV) under Section 20(1) of the Act, as per a state notification. The appellant …
The State of Punjab appealed against a High Court order that quashed FIRs and subsequent proceedings against Harnek Singh, alleging that the investigations were conducted by police officers not authorized under the Prevention of Corruption Act, 1988. The accused had been investigated under …
The Supreme Court considered two appeals challenging High Court orders that dismissed election petitions filed under the Hyderabad Municipal Corporation Act, 1955 on the ground of limitation. The petitioners, Shaik Saidulu @ Saida and Gogineni Sujatha, had filed petitions after the prescribed …
The appellants, senior assistants of the Factories and Boilers Department, challenged Special Rules made under the proviso to Article 309 that allowed their transfer to higher posts in the Labour Department. The Andhra Pradesh Administrative Tribunal had declared those Rules void for violating the …
Dr. S, a professor at AIIMS, was a member of the Dental Council under Section 3(d) of the Dentists Act, 1948. After his retirement, AIIMS nominated Har! Prakash to fill the vacancy, but the Council terminated his membership, holding that AIIMS was not a "University established by law" and thus could …
The landlord filed an eviction petition against the tenant under the Delhi Rent Control Act, 1958 on the ground of illegal sub‑letting. While the petition was pending, Section 3(c) of the Act was amended (effective 1‑Dec‑1988) to exclude premises with rent above Rs 3,500 from the Act’s jurisdiction. …
The Supreme Court examined the Cess and Other Taxes on Minerals (Validation) Act, 1992 to determine whether it merely validated cess and tax already collected under invalid State laws or also authorised fresh levy and collection of amounts due up to 4 April 1991. The Court held that the Act …
The respondent, a public limited company, filed a suit as an indigent (in forma pauperis) plaintiff under Order XXXIII, Rule 1 of the Code of Civil Procedure. The appellant, Union Bank of India, challenged the suit, arguing that the term "person" in the Order refers only to natural persons and that …
Mis. Fuerst Day Lawson Ltd. entered into a supply contract with Jindal Exports Ltd. which gave rise to a dispute arbitrated before the International General Produce Association, resulting in a foreign award dated 13 August 1996. The award was sought to be enforced in Delhi High Court, but the court …
The plaintiff entered into an agreement with the original defendant to develop dwelling units for weaker sections under Section 21 of the Urban Land (Ceiling and Regulation) Act, 1976, but possession of the land was never transferred and the agreement contained a clause allowing unilateral …
Dalmia Cement (Bharat) Ltd. issued a cheque to Galaxy Traders which was dishonoured. The appellant served a statutory notice on 13 June 1998, but the respondents claimed they received only an empty envelope and wrote to the appellant on 20 June. The appellant re‑presented the cheque on 1 July, which …
In the 1998 Madhya Pradesh Legislative Assembly election, the appellant was declared elected on 28 November 1998. The respondent filed an election petition under Section 81(1) of the Representation of the People Act, 1951 on 12 January 1999, seeking to challenge the result. The appellant contended …
The appellants, Triveni Engineering and Industries Ltd. and another, dealt in turbo alternators, which they assembled on customers' premises by fixing a steam turbine and a complete alternator on a concrete platform. The Revenue Department claimed that the assembled turbo alternators were liable to …
The appellant Rajendra Kumar claimed possession of property left by Mohanlal, asserting that he had been adopted by Radhabai, the widow of Mahadeo, who was allegedly an adopted son of Mohanlal. The lower courts held that the adoption of a child by a widow to her deceased husband under Section 8 of …
The plaintiff entered into a sale agreement with the first defendant on 27 July 1971 for a godown, paying an advance and agreeing that the sale deed would be executed within 90 days. The first defendant reneged and sold the same property to defendants 2‑5 on 9 November 1971. The plaintiff sued for …
The Tamil Nadu Electricity Board (TNEB) appealed against High Court writ orders that awarded compensation to victims of electrocution, alleging that the High Court had improperly exercised its Article 226 jurisdiction and had referred the dispute to an arbitrator without a valid arbitration …
The State of Uttar Pradesh constructed the Gai Ghat bridge in 1968‑69 and, by a 1976 notification, began levying tolls to recover the bridge's construction cost, interest on total expenditure, maintenance costs and other expenses, for up to 50 years or until full recovery. A truck owner, Devi Dayal …
Kolhapur Canesugar Works Ltd., a subsidiary of Kolhapur Sugar Mills Ltd., was granted a sugar incentive rebate for the 1973‑74 season. The Excise authorities later issued a show‑cause notice under Rule 10 of the Central Excise Rules, 1944, demanding recovery of the rebate, alleging it was …
The Delhi Municipal Corporation (MCD) terminated the services of Prem Chand Gupta, a temporary Section Officer, on 29 April 1966 after he had served continuously for more than 240 days in a calendar year. Gupta raised an industrial dispute; the Labour Court and a High Court Single Judge held the …
M.L. Gokul Chand was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the General Clauses Act. He challenged the detention order through three successive writ petitions and Special Leave Petitions, all of which were dismissed. On 7 May 1983 he …
The CBI and the State of Haryana prosecuted V.K. Seghal, a public servant, under Section 161 IPC and Section 5(2) of the Prevention of Corruption Act, 1947 for receiving a bribe. The Special Judge convicted him and sentenced him to two years' rigorous imprisonment and a fine. Seghal appealed to the …
The Supreme Court examined three appeals concerning the applicability of the Arbitration and Conciliation Act, 1996 (the new Act) versus the Arbitration Act, 1940 (the old Act) and the Foreign Awards Act, 1961. In Thyssen Stahlunion GmbH v. SAIL (CA 6036/98), arbitral proceedings began in 1995 under …
The appellant K. Bhaskaran was accused of issuing a Rs.1 lakh cheque that was dishonoured for insufficient funds. The complainant, his brother, sent a notice of demand by registered post, which was returned as 'unclaimed'. The trial magistrate acquitted the appellant on the grounds of lack of …
In the Bihar Legislative Assembly election, Chandra Kishore Jha filed an election petition challenging Mahavir Prasad's election. The petition was handed to the Bench Clerk on 16 May 1995, the last day of the 45‑day limitation period, but the designated election judge and the bench hearing civil …
The appellant, Lachman Das Arora, who lost the Sirsa Assembly election held on 10 May 1996, filed an election petition on 1 July 1996 challenging the election of Ganeshi Lal. The Representation of the People Act, 1951 mandates that such petitions be presented within 45 days of the election. The …
The appellant filed an election petition on July 1, 1996, the first day after the Punjab and Haryana High Court resumed from its summer vacation, although the 45‑day limitation period had expired during the vacation. The High Court, relying on a November 27, 1995 notification that the court was not …
The appellants issued cheques that bounced, and the respondent served a notice demanding payment on 29 September 1995. Under Section 138(c) of the Negotiable Instruments Act, the appellants had 15 days to pay, which expired on 14 October 1995, giving rise to a cause of action on 15 October 1995. The …
The Supreme Court examined three disciplinary dismissals of employees of the Uttar Pradesh State Co‑operative Land Development Bank Ltd. (the Bank). The High Court had held that the Bank was not an "authority" under Article 12 and that the dismissals violated natural‑justice rules, setting aside the …
The Chief Minister of Sikkim and an IAS officer were charged under the Prevention of Corruption Act, 1947 for offences alleged in 1984. After the 1947 Act was repealed and replaced by the Prevention of Corruption Act, 1988, a Special Judge appointed under the 1988 Act tried the case, but later held …
In 1989 the Governor of Bihar promulgated Ordinance 32 to take over 429 private Sanskrit schools, vesting their assets in the State and converting the teachers into government servants. The Ordinance was repeatedly re‑promulgated until 1992 without ever being placed before the legislature. The …
The Kerala Government, after initially consenting to CBI investigation of espionage cases under Section 6 of the Delhi Special Police Establishment Act, later withdrew that consent to allow State Police to conduct a "further investigation". The Supreme Court held that once the CBI, acting on the …
The father of the appellant executed a will that was purportedly attested by five persons; only two actually signed, while three "Nishanis" neither signed nor affixed a thumb impression. One of these, identified as DW‑2, claimed to have attested the will but his name was written by a scribe on his …
The Gujarat High Court set aside the acquisition of land in Surat for Larsen & Toubro Ltd.'s employee housing scheme, holding that the State had not complied with Rules 3 and 4 of the Land Acquisition (Companies) Rules, 1963 and that no notice under Section 9 of the Land Acquisition Act, 1894 had …
The Uttar Pradesh Forest Corporation claimed exemption from income tax on the ground that it was a "local authority" under Section 10(20) of the Income Tax Act, 1961, and alternatively that it was a charitable institution under Section 11(1). The assessing officer rejected the claim, the …
The Labour Law Practitioners' Association challenged a Maharashtra Government notification appointing two Assistant Commissioners of Labour as judges of Labour Courts, alleging violation of Article 234 of the Constitution. The Bombay High Court set aside the notification, holding that Labour Courts …
The Supreme Court examined whether a partnership firm could claim a tax deduction for a commission of Rs. 28,579 paid to Rashiklal, who was a partner in the firm but also the Karta of a Hindu Undivided Family (HUF). The firm argued that Rashiklal acted only as a nominee of the HUF, so the payment …
T. Deen Dayal, a Rajya Sabha candidate, filed a transfer application in an election petition alleging bias and corruption against the presiding judge. The judge deemed the allegations baseless and scandalous, initiating suo moto contempt proceedings under the Contempt of Courts Act, 1971. The High …
The Cantonment Boards of Saugor, Mhow and Jabalpur imposed an entry tax on motor vehicles under Section 60 of the Cantonments Act, 1924. The Madhya Pradesh High Court struck down the tax, holding that Section 6 of the Madhya Pradesh Motor Vehicles Taxation Act, 1947 barred any local authority from …
Dr. Girish Bihari, an IPS officer, was due to retire on 31 March 1996. The Governor of Uttar Pradesh ordered, on 20 March 1996, an extension of his service for six months under Rule 16 of the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. On 23 March 1996, the Governor cancelled …
The Central Bureau of Investigation (CBI) filed a charge sheet against Subodh Kumar Dutta under the Prevention of Corruption Act, 1947 for allegedly accepting a bribe of Rs. 700. A Special Judge, appointed under the West Bengal Special Courts Act, 1949, took cognizance of the offence on 9 July 1988. …
The Supreme Court examined the constitutionality of the Jammu & Kashmir Shri Mata Vaishno Devi Shrine Act, 1988, which transferred management of the shrine and its endowments to a statutory Board and extinguished the hereditary rights of Baridars to receive offerings. The Baridars argued that the …
The respondent, Angamuthu Ammal, sought eviction of the appellant, K.V. Muthu, under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming personal need for herself and her foster son Arunachala Bakthar. The appellant contested, arguing that a foster son is not a "member of family" …
The International Airport Authority of India acquired land for airport expansion by invoking the urgency power under Section 17(1) of the Land Acquisition Act, dispensing with the Section 5‑A enquiry and taking possession under Section 17(4). The appellants challenged the validity of the …
The appellant, Gajraj Singh, held a stage‑carriage permit originally granted under the Motor Vehicles Act, 1939, which was later renewed under the Motor Vehicles Act, 1988. After the 1988 Act came into force, the State Transport Authority granted overlapping permits to other operators, and the …
The Supreme Court examined the constitutional validity of the Cess and Other Taxes on Minerals (Validation) Act, 1992, which sought to validate state levies on minerals that had been struck down by earlier judgments. The Court held that Section 2 of the Act validly creates and retrospectively …
The case concerned Kashi Vidyapith, a deemed university under the U.P. State Universities Act, which sought acquisition of land for its campus, staff quarters, hostels and playground. The High Court had set aside the declaration under Section 6 of the Land Acquisition Act, holding that the …
The Supreme Court examined whether the freely transferable "replenishment licences" (R.E.P. licences) and later "Exim Scrips" issued under the Imports and Exports (Control) Act, 1947 constitute "goods" for the purpose of state sales‑tax statutes. The Court held that these licences have an …
The appellant, Kirtikant Vadodaria, challenged a maintenance order granted to his step‑mother, Manjulaben, under Section 125(1)(d) of the Criminal Procedure Code. The trial court, sessions court and Gujarat High Court had held that a step‑mother could claim maintenance from her step‑son. The Supreme …
Narasoji Rao died intestate leaving a sole son (the appellant) and five daughters (including the plaintiff). The daughter filed a suit for partition of the family house (Schedule A) and other property, alleging a one‑seventh share, later increased to one‑sixth after the mother’s death. The trial …
The case concerned penalty proceedings for the assessment year 1972-73 that had been referred to the Inspecting Assistant Commissioner (IAC) under Section 271(1)(c) and Section 274(2) of the Income Tax Act. The Taxation Laws (Amendment) Act, 1975 deleted sub‑section (2) of Section 274 with effect …
The Calcutta State Transport Corporation (CSTC), a statutory body created under the Road Transport Corporations Act to provide road transport services, claimed that its income was exempt from tax under Section 10(20) of the Income‑Tax Act, 1961, on the ground that it was a "local authority" as …
The Supreme Court examined whether cigarettes manufactured before 1 March 1978 but removed from the factory after that date were liable to the special excise duty introduced by Section 37 of the Finance Act, 1978. The respondent, a tobacco manufacturer, argued that excise duties are levied at the …
An accident on 27 May 1988 gave rise to a compensation claim under the Motor Vehicles Act, 1939, which was filed on 23 December 1988. The Motor Vehicles Act, 1988 came into force on 1 July 1989, repealing the 1939 Act, but the claim was finally decided on 29 June 1992, creating a right to appeal …
The appellants were charged under the IPC and Sections 3(1) and 3(2)(i) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for setting fire to a house during the 1993 Bombay riots, resulting in many deaths. The Designated Court denied bail, and the appellants contended that because …
Manohar Joshi, the BJP‑Shiv Sena candidate, was elected from Dadar in 1990. Bhaurao Patil filed an election petition alleging corrupt practices under sections 123(3) and 123(3A) of the Representation of the People Act, relying on Joshi's speeches, those of party leaders and audio‑video cassettes. …
The appellant Ramakant Mayekar challenged a High Court order that declared his election to the Maharashtra Legislative Assembly void on grounds of corrupt practices under the Representation of the People Act, 1951. The Supreme Court examined whether the election petition filed on 16 April 1990 was …
R. Balakrishna Pillai, a former Kerala Minister for Electricity, was charged with criminal conspiracy (IPC s.120‑B) and an offence under the Prevention of Corruption Act for supplying electricity to a private firm in Karnataka without the Kerala Government's consent. The Kerala High Court held that …
Janata Dal (Samajwadi) was recognised as a national party on 16 April 1991. After the Lok Sabha and several state assembly elections held between April and June 1991, the Election Commission found that the party no longer satisfied the criteria in paragraph 6(2) of the Election Symbols (Reservation …
The Supreme Court examined whether the Haryana Housing Board (HHB) qualifies as a "local authority" under section 32(iv) of the Payment of Bonus Act, 1965. The Board is a statutory corporation whose members are appointed by the State Government and whose functions are subject to extensive …
B.N. Agarwala obtained an arbitration award of Rs 95,003 on 26 March 1983, the same day the Arbitration (Orissa Amendment) Act, 1982 came into force. The State of Orissa challenged the award, arguing that Section 41‑A(7) of the amendment automatically transferred any pending arbitration in which no …
Ram Kishan, a constable of the Delhi Police, was charged with facilitating an under‑trial prisoner to consume alcohol and with abusing superior officers. The departmental inquiry found the first charge unproved and the second partly proved, but the Additional Deputy Commissioner of Police (ADC), …
A coffee curing establishment, declared a seasonal industry, operated from September to June and was closed June to September. The workmen claimed gratuity at the rate of seven days' wages for two seasons in each calendar year, arguing that the accounting year (January‑December) split their service …
The Supreme Court examined whether an officer specially empowered under the COFEPOSA Act or the PIT NDPS Act to make a preventive detention order is required to consider the detainee's representation against that order. It held that the officer who makes the order is the detaining authority and must …
The Supreme Court examined whether Section 4(1) of the Benami Transactions (Prohibition) Act, 1988 could be applied to suits, claims or actions that were filed before the Act came into force, seeking to enforce rights over benami‑held property. The petitioners argued that the proceedings, initiated …
The petitioners, members of the Uttar Pradesh Civil Service (Judicial Branch), challenged two 1975 notifications issued by the Governor under Article 237 of the Constitution which transformed the Uttar Pradesh Judicial Officers Service into a separate judicial service and made its members eligible …
The Supreme Court examined the constitutionality of the Acquisition of Certain Area at Ayodhya Act, 1993 and the Presidential reference under Article 143(1) concerning whether a Hindu temple existed before the Babri Masjid was built. The Court held that the Act was within Parliament’s legislative …
Ahmed Begum, the owner of Dharampur Lodge, leased the entire premises to S. Sardul Singh Caveeshar, who was authorized to sub‑let. The appellant, Manphul Singh Sharma, and other sub‑tenants claimed to be lawful sub‑tenants and sought protection under Section 20 of the Delhi & Ajmer Rent Control Act, …
The former Chief Minister of Sikkim challenged a 1987 notification that withdrew the State's consent, given under section 6 of the Delhi Special Police Establishment Act, 1946, for CBI investigations into alleged corruption. The petition raised whether a State could revoke such consent, whether …
Veeramani was detained on 16 February 1993 under Section 3 of the Tamil Nadu Prevention of Dangerous Activities Act, 1982, on the ground that he was a "goonda" and likely to commit acts prejudicial to public order if released on bail. He challenged the detention before the High Court, which …
The appellants owned about 29 bighas of land in Meerut district that were notified for acquisition under the Land Acquisition Act, 1894 for a market. Because of urgency, the government invoked Section 17(1) and took possession before any award was made, also dispensing with Section 5‑A. The …
Varkey filed his income‑tax return on 16 April 1970. The Income‑Tax Officer (ITO) made an assessment on 27 March 1972, finding concealment of income amounting to less than Rs 25,000 and, on the same day, initiated penalty proceedings and later imposed a Rs 10,000 penalty. The Appellate Assistant …
The case concerned the seniority of a directly recruited officer (Prakash Chandra Misra) in the Orissa Forest Service Class II vis‑à‑vis promotees who were appointed during his training period. The petitioner argued that his seniority should be counted from the date of recruitment (1979) and that …
The assessee concealed income of minor children and the Income‑Tax Officer referred the case to the Inspecting Assistant Commissioner (IAC) under Section 274(2) of the Income‑Tax Act because the minimum penalty exceeded Rs 1,000. The reference was made before the amendment of Section 274(2) which, …
The Madhya Pradesh Government constituted a single‑member Commission of Inquiry to investigate the Churhat Children’s Welfare Society, appointing Justice S.T. Ramalingam. After his retirement, the State replaced him by notifications appointing retired judges G.G. Sohani and later Kamlakar Choubey. …
The firm P.V. Mohammad Barmay Sons owned three vessels and, without Reserve Bank of India permission, purchased and fitted foreign engines, contravening Sections 5(1)(a) and (b) of the Foreign Exchange Regulation Act, 1947. A raid in 1974 led to a notice, show‑cause proceedings and a penalty of Rs …
Ram Singh, a gunman in the Punjab Police, was dismissed after being found heavily drunk on duty, roaming the bus stand with his service revolver and abusing a medical officer. He challenged the dismissal, claiming it violated natural justice and that the conduct did not amount to "gravest …
The appellants challenged the constitutional validity of the Goa, Daman and Diu Barge Tax Act, 1973, arguing that a 'barge' is not a 'boat' within the meaning of Entry 58, List II of the Seventh Schedule, which permits states to tax 'animals and boats'. They contended that the term 'boat' should be …
The plaintiff sought recovery of a sum and, during trial, obtained court summons for the Income Tax Department to produce assessment records of the defendants for years 1964-65 to 1971-72. The Department produced the records in sealed covers, claiming privilege under the then‑applicable Section 137 …
The petitioners challenged the award of additional compensation under Section 23(1‑A) of the Land Acquisition Act, 1894, claiming it should apply to their case where the acquisition proceedings began before the 1984 amendment but the court award was rendered after the amendment came into force. The …
Jagdish Singh appealed a High Court decree that ordered specific performance of a reconveyance agreement with Natthu Singh. The Supreme Court examined whether the High Court could re‑appraise evidence in a second appeal, whether unserved notices were deemed served, and whether compensation could …
The appellant, a stage carriage operator, applied for renewal of his permit under Section 58(2) of the Motor Vehicles Act, 1939, and the application was duly notified. Before the renewal could be granted, the Motor Vehicles Act, 1988 came into force, repealing the 1939 Act. The respondent applied …
The appellant suffered injuries in a road accident on 22 January 1989 and filed a claim petition on 15 March 1990, seeking condonation of delay. The Motor Vehicles Act, 1939, under which the accident occurred, was repealed and replaced by the Motor Vehicles Act, 1988 on 1 July 1989; both statutes …
The case concerned the Rehabilitation Ministry Employees Cooperative House Building Society Ltd., which sought to allot land to its members. The dispute arose over the seniority of members for plot allocation and the validity of two notifications issued by the Lt. Governor: one dated 27 October 1987 …
The appellants, Amir Shad Khan and Aziz Ahmed Khan, were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after gold bars were recovered from their vehicle. They were served detention orders that allowed them to make representations to the State …
The appellants, a slum‑dweller association and a resident, challenged a 1981 notification that reduced the declared slum area in Bangalore, alleging denial of a hearing and violation of natural justice and Article 14. The High Court had dismissed the petition on the ground of lack of locus standi, …
The appellant was declared elected to the Andhra Pradesh Legislative Assembly on 26 November 1989. An election petition challenging his election was filed on 15 January 1990, after the 45‑day limitation under Section 81 of the Representation of the People Act, 1951 had expired on 10 January because …
The assessee, Poonjabhai Varmalidas, had written off certain debts as bad under Section 10(2)(xi) of the Income Tax Act, 1922 in 1959‑60. His business ceased before the amounts were later recovered in the assessment years 1964‑65, 1965‑66 and 1967‑68, after the 1961 Act had repealed the 1922 Act. …
V. R. Vora, a tenant of a room owned by the Bombay Port Trust, was served a quit notice under Section 106 read with Section 111(h) of the Transfer of Property Act, terminating his lease effective 28 February 1975. While the notice period was running, the Major Port Trusts Act, 1963 (a Central Act) …
The respondents, Class III civil servants in the Ministry of Defence and Group C/D railway employees, were appointed by delegates (the Director and Divisional Superintendents) under a delegation of appointment power from the Scientific Adviser and General Manager respectively. Disciplinary …
The Special Military Estates Officer appealed two arbitrator awards concerning compensation for land requisitioned by the Union under the Defence of India Act, 1962. The land remained requisitioned beyond 10 January 1968, when the Defence Act ceased to operate and Section 25 of the Requisitioning …
The petitioners, KANTHIMATHY PLANTATIONS, challenged the acquisition of their land in Kerala that had been initiated under the Kerala Land Acquisition Act, 1961. The acquisition proceeded to a declaration under section 6 before the Central Land Acquisition Act, 1894 (as amended by Act 68 of 1984) …
The appellants challenged the continuation of proceedings under Chapter III‑B of the Rajasthan Tenancy Act, 1955 for determining ceiling areas of agricultural holdings after the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 repealed those provisions. The High Court held that the …
The landlord served a notice of rent arrears and termination of tenancy by registered post, which was returned undelivered, and subsequently affixed a copy of the notice on the premises. The tenant argued that the statutory requirement under Section 11 of the Jammu & Kashmir Houses and Shops Rent …
The Supreme Court examined whether the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act 13) applies to cantonment areas in Uttar Pradesh and whether the Central Government’s notifications of 1 Sept 1973 and 17 Feb 1982, issued under the Cantonments (Extension …
The State of Bihar filed a complaint under the Wild Life (Protection) Act, 1972 alleging that the accused killed an elephant and removed its tusks. A Judicial Magistrate took cognizance of the offence and issued summons, while a parallel police investigation under the Indian Penal Code was ongoing. …
The State of Maharashtra detained Bhadresh Mafatlal Shah under the COFEPOSA Act after he was caught with gold biscuits. The detention order was issued by D.N. Capoor, a specially empowered officer, who informed the detainee that he could make representations only to the State and Central …
The appellant, a workman dismissed by his employer, obtained a favourable award from the Labour Court. Before publishing the award, the Uttar Pradesh Government exercised its power under sub‑section (4) of section 6 of the U.P. Industrial Disputes Act, 1947 to remit the award for reconsideration, …
The State prosecuted Vasantraj Bhagwanji Bhatia and others for possession of primary gold under the Customs Act, 1969 (Sec. 111 read with Sec. 135); one respondent was convicted and two were acquitted. The same authorities later sought to prosecute the three respondents under the Gold (Control) Act, …
The Union of India entered into four construction contracts with L.K. Ahuja & Co., which were completed and final bills were accepted. Later the respondent claimed a balance of Rs 1,91,137 and sought arbitration, but the government replied that no dispute existed. The respondent filed an application …
The petitioner, an income‑tax assessee, challenged the validity of the 1971 and 1975 Proclamations of Emergency, the House of the People (Extension of Duration) Act, 1976 and the Finance Act, 1976, arguing that the proclamations were ultra vires or had ceased to operate because the parliamentary …
The case concerned seniority disputes between initial recruits (direct recruits under rule 4(2)) and officers recruited later through the Special Selection Board (SSB) under the initial recruitment provisions of the IFS Recruitment Rules. The Court examined whether the SSB must consider all eligible …
The Bank of India sued Vijay Transport and its partners to recover a cash‑credit loan of Rs.18,14,817.91, claiming mortgages over several properties. The Andhra Pradesh (Andhra Area) Agriculturists Relief Act, 1938 provides that debts of agriculturists may be "scaled down" under section 13, but …
