Government of India Act, 1935

Joginder Singh Wasu, the Advocate General of Punjab, was appointed under a 1953 notification fixing his fee at Rs 100 per civil writ or letters‑patent appeal. In 1975 the State issued an amendment reducing fees for batch cases and capping total fees at Rs 1,000. Wasu protested, submitted bills based on the original rat…

The Union of India supplied steel to J.K. Gas Plant Manufacturing Co. for a gas plant; surplus steel was directed by the Kanpur Controller to be delivered to Govan Brothers Ltd. The price for the surplus steel remained unpaid, prompting the plaintiff to sue the Union for the price plus interest. The trial court held th…

The case concerned an appeal to the Division Bench of the Bombay High Court against an order dated 15 November 1994 passed by a Single Judge in a suit for dispossession under Section 6 of the Specific Relief Act. The respondents argued that Section 6(3) of the Act barred any appeal or revision against such orders, rend…

The President referred three questions to the Supreme Court concerning the interplay of Article 174(1) (which mandates that six months shall not intervene between the last sitting of a state legislature and its next session) and Article 324 (which vests the Election Commission with the superintendence, direction and co…

The State of Himachal Pradesh sued the Union of India and five other parties seeking its share of electricity generated by the Bhakra‑Nangal and Beas hydro‑electric projects, claiming entitlement based on the submergence of its territory and the Punjab Reorganisation Act, 1966. The Court examined whether the suit was b…

The Supreme Court examined the constitutional validity of the Andhra Pradesh Abolition of Posts of Part‑time Village Officers Ordinance, 1984, which abolished a large number of part‑time village officer posts and created new full‑time Village Assistant posts. The petitioners challenged the ordinance on grounds of lack …

The State of Maharashtra sought to establish a permanent bench of the Bombay High Court at Aurangabad, but pending central approval, the Chief Justice issued an order under s.51(3) of the States Reorganisation Act, 1956, appointing Aurangabad as a place where Judges and Division Courts may also sit. The High Court stru…

The petitioners, owners of land acquired under the Resettlement of Displaced Persons (Land Acquisition) Act, 1948, challenged two provisos in Section 7(1)(e) that fixed compensation based on the market value as of September 1, 1939 plus 40 percent, arguing that they violated Section 299(2) of the Government of India Ac…

The Allahabad High Court, through its Registrar, challenged a Division Bench judgment that declared Rule 4(a) of the Allahabad High Court Rules, 1951 ultra vires Article 215 of the Constitution because it required civil contempt matters to be heard by a single judge. The Supreme Court examined whether the rule conflict…

The Supreme Court of India, in a 9-judge bench reference, addressed the scope of Entry 8 of List II of the Seventh Schedule (intoxicating liquors) and its interplay with Entry 52 of List I (industries controlled by the Union). The case arose from a challenge by the State of Uttar Pradesh against a High Court decision t…

The Punjab Public Works Department invited tenders for a high‑level bridge. The lowest bidder, Om Prakash Baldev Krishan, was told by the Executive Engineer that his tender was accepted and was asked to sign a pending agreement within ten days, but no agreement was ever executed and the acceptance was not made in the n…

The Supreme Court considered review petitions filed under Article 32 seeking to overturn its earlier decisions in S.G. Jaisinghani and the two Gupta cases concerning the seniority and quota rules for Income‑Tax Officers (Class I, Grade II). The petitioners argued that the Court had wrongly treated Rule 4 of the 1945 Re…

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 State of Uttar Pradesh initiated disciplinary proceedings against Ram Prakash Singh, an Assistant Engineer, alleging embezzlement of Panchayat funds. The enquiry officer prepared a report without examining any witnesses, without furnishing the report or supporting documents to the respondent, and the disciplinary a…

Four doctors of the Provincial Medical Service applied for voluntary retirement under Rule 56(c) of the Uttar Pradesh Fundamental Rules, but the State Government did not accept their notices. The High Court allowed the doctors' writ petitions, treating them as retired. On appeal, the Supreme Court held that the explana…

The appellants, appointed as direct recruits to the Uttar Pradesh Provincial Civil Service, challenged seniority lists that placed demobilised armed‑forces officers (respondents) above them. The respondents had been recruited under the Uttar Pradesh Non‑Technical (Class‑II) Services (Reservation of Vacancies for Demobi…

Chandra Mohan Varma, a Professor of Cardiology in a Uttar Pradesh government medical college, retired on attaining the age of 60 on 13 August 2014. He was granted a ‘session ending benefit’ extending his service until 30 June 2015 under a Government Order dated 19 November 2012. While he was on this extension, the Stat…

The West Bengal Registration Service’s Sub‑Registrars, although gazetted and placed in the State Service, were paid on a scale lower than the minimum State Service scale (scale No.17). They challenged the State Government’s refusal to upgrade their pay, arguing that the denial violated Articles 14 and 16 of the Constit…

Advocate-on-Record Siddharth Rajkumar Murarka filed a writ petition seeking to use the style "Law Chambers of Siddharth Murarka, Sole Proprietor Siddharth Rajkumar Murarka" on his letterhead and Vakalatnama, arguing that such a designation is permissible and that other High Courts allow it. The petition raised two ques…

The New Delhi Municipal Council (NDMC) and the Delhi Municipal Corporation (MCD) levied property tax on immovable properties owned by several State governments within the Union Territory of Delhi. The States challenged the levy, arguing that Article 289(1) of the Constitution exempts State property and income from Unio…

The Food Corporation of India (FCI) occupied godowns and silos that were constructed by the Central Government on land acquired before 1964 and claimed exemption from Brihanmumbai Municipal Corporation's property tax under Article 285(1) of the Constitution. The Municipal Corporation argued that, under Section 146 of t…

A massive fraud involving approximately Rs. 500 crore was uncovered in Bihar's Animal Husbandry, Education, Cooperation and Fisheries Departments, prompting the Patna High Court to order a Central Bureau of Investigation (CBI) probe under Article 226 of the Constitution, without the State government's consent. The Stat…

The case concerned Pranav Srinivasan, born in Singapore in 1999 to parents who had renounced Indian citizenship by acquiring Singapore citizenship in 1998. Pranav applied in 2017 for resumption of Indian citizenship under Section 8(2) of the Citizenship Act, 1955, and the High Court held he was entitled to it, but the …

Petitioners, appointed as Khandsari Inspectors in 1960‑64 under temporary posts, challenged a provisional seniority list dated 22 March 1971 that placed them below later recruits. They argued that, since their appointments were later regularised by the Uttar Pradesh Public Service Commission, their seniority should be …

Dr. Hira Lal, a former Touring Veterinary Officer of Bihar, was suspended in 2002 and retired in 2008 while criminal proceedings were pending against him. The State of Bihar, relying on circulars of 1974 and a 1980 government resolution, withheld 10% of his pension and the entire gratuity. The appellant challenged this…

The appellant, S.R. Chaudhuri, filed a writ of quo warranto challenging the re‑appointment of Shri Tej Parkash Singh as a Minister in Punjab after he had resigned for failing to be elected within six months as required by Article 164(4) of the Constitution. The High Court dismissed the petition, but the Supreme Court e…

The cement companies, claiming to be ryotwari pattadars, challenged a Tamil Nadu Government order that required them to pay full royalty and dead rent on mining leases, arguing they were entitled to a 50% concessional rate. The High Court had partially restrained the State from demanding royalty above 50% for patta lan…

The Punjab Public Service Commission advertised vacancies for the Punjab Civil Service with a reservation for "ex‑servicemen". The appellant, a former Indian Army captain, was appointed under this reservation, while respondent No. 4, a former officer of the Indian Military Nursing Service (IMNS), was denied appointment…

The Union of India claimed ownership of land that had been sold at public auction to Mis. Mundra Salt & Chemical Industries and later acquired by the State of Maharashtra for a highway. The Union relied on Section 37 of the Bombay Land Revenue Code, 1879, which presumes Crown ownership where title is not established. T…

The appellants challenged the recruitment of 1,091 Assistant Professors and 67 Librarians in Punjab Government Degree Colleges, alleging that the State bypassed the Punjab Public Service Commission (PPSC) and ignored UGC regulations. The High Court Division Bench upheld the recruitment, reversing a Single Judge’s order…

The Supreme Court examined whether an intra‑court appeal under clause 15 of the Bombay High Court's Letters Patent is available against a judgment of a Single Judge hearing a petition under Article 227 (or Article 226) of the Constitution. The Division Bench had dismissed the appeal on the basis of a prior Full Bench d…

The appellant IDCO allotted land to Mesco Kalinga Steel for a steel plant on the condition that a formal lease deed be executed. Mesco paid an initial instalment and took advance possession but never executed the lease deed despite repeated notices. After more than five years of default, IDCO gave a final notice and, o…

The Accountant General of Tamil Nadu and the Comptroller and Auditor‑General appealed against judgments that had allowed seniority claims by several former Upper Division Clerks who argued that their length of service should be counted under paragraph 143 of the Manual of Standing Orders. The respondents relied on a 19…

The Municipal Council of Pusad imposed a Boja and Bale tax on ginning and pressing cotton under Section 66(1)(b) of the Central Provinces Municipalities Act, 1922, in 1932. Gokaldas Dossa & Co. Ltd. challenged the tax in 1967, arguing that it exceeded the ceiling limits set by Article 276 of the Constitution and the Pr…

The case concerns the management of Sree Padmanabhaswamy Temple in Thiruvananthapuram, which has been historically managed by the Travancore royal family. After the integration of princely states, a Covenant in 1949 and the Travancore-Cochin Hindu Religious Institutions Act, 1950 preserved the Ruler's control over the …

The case arose from political turmoil in Arunachal Pradesh where the Governor, without the aid and advice of the Council of Ministers, preponed the 6th session of the Legislative Assembly from 14 January 2016 to 16 December 2015 and issued a message directing the manner of proceedings, including the removal of the Spea…

The Mizo Chief Council filed a writ petition under Article 32 on behalf of tribal chieftains alleging that the State had acquired their traditional lands without paying due compensation, violating their fundamental right to property. The petition was filed in 2014, more than six decades after the 1955 notification that…

The respondent, a brick‑kiln owner, challenged a notification by the Mathura Cantonment Board that raised the tax on bricks from 0.19p to 0.75p per thousand, arguing that the Board derived no benefit and that the tax violated Section 60 of the Cantonments Act, 1924, the U.P. Municipalities Act, 1916 and the ceiling on …

Indu Bhusan De and others challenged the Calcutta City Civil Court Act, 1953, which empowered the West Bengal State Government to create a City Civil Court with a pecuniary jurisdiction up to Rs. 1 lakh, arguing that only Parliament could legislate on the jurisdiction of the High Court. The Calcutta High Court dismisse…

The President of India issued Constitutional Orders 272 and 273, which applied the entire Constitution of India to the State of Jammu and Kashmir and abrogated Article 370. Simultaneously, Parliament enacted the Jammu and Kashmir Reorganisation Act 2019, bifurcating the State into two Union Territories: Jammu and Kashm…

The Supreme Court, by a 9-judge bench, answered a reference on the interpretation of Articles 301-304 of the Constitution concerning the validity of entry taxes levied by states. The majority held that taxes simpliciter are not within the contemplation of Part XIII of the Constitution, and the word 'free' in Article 30…

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, without proper appli…

George Kutty Kuncheria, an Indian citizen, was arrested in Kerala following a U.S. request for his extradition on charges of embezzlement and related offences. The United States supplied authenticated documents, and the Indian Government ordered a magisterial inquiry under the Extradition Act, 1962. The appellant chall…

This Constitution Bench judgment interprets the second proviso to Article 311(2) of the Constitution of India, which allows dismissal, removal, or reduction in rank of a civil servant without an inquiry in three exceptional circumstances: conviction on a criminal charge, when it is not reasonably practicable to hold an…

Bhagwan Dass Jain, an assessee under the Income‑Tax Act, 1961, challenged the inclusion of a notional amount under section 23(2) for his self‑occupied house, arguing that no real income was derived and that the levy was in substance a tax on the building falling under Entry 49 of List II, which Parliament could not imp…

The respondent, Manohar Lal, a Sub‑Inspector of Police, was compulsorily retired by an order dated 24 September 1975 issued by the Senior Superintendent of Police, Gurdaspur, under the Punjab Civil Services (Premature Retirement) Rules, 1975. He filed a suit seeking a declaration that the order was illegal, malafide an…

The appellant, a society, challenged the applicability of various Central and State statutes to the Sundargarh district of Orissa, which had been declared a Scheduled Area under Clause 6 of the Fifth Schedule. It contended that non‑tribals could not settle, vote, or contest elections there and that all constituencies s…

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) Services Appointment of De…

The respondent, a bank employee, was found guilty of financial irregularities, fraud and misappropriation and was punished with a reduction of pay after a departmental enquiry. The High Court set aside the punishment on the ground that the enquiry report had not been served to the employee, alleging a breach of natural…

The Supreme Court considered an appeal by the heirs of Veerappa challenging a partition order that gave the widow of Ramshetti a share in the joint family agricultural land. The issue was whether the Hindu Women's Right to Property Act, 1937, as applied in the erstwhile State of Hyderabad, covered agricultural land, an…

The State of Tamil Nadu challenged the Governor's actions in withholding assent to 10 bills and reserving them for the President's consideration after the bills were repassed by the State Legislature. The Supreme Court examined the scope of the Governor's powers under Article 200 of the Constitution, including whether …

S.C. Tewari, a Section Officer of the Uttar Pradesh Public Service Commission (UPPSC), was suspended, found guilty in a departmental enquiry and dismissed. He appealed to the State Government under Regulation 20 of the UPPSC (Conditions of Service) Regulations, 1937. The State Government set aside the dismissal, direct…

Two brothers inherited agricultural land in Himachal Pradesh; one brother sold his share to Babu Ram, prompting the other brother to seek a prohibitory injunction claiming a preferential right under Section 22 of the Hindu Succession Act, 1956. The trial court dismissed the suit, but the appellate court held that Secti…

Senior advocate Shanti Bhushan filed a writ petition under Article 32 seeking a declaration that the term “Chief Justice” in the Supreme Court Rules, 2013 should be read as a collegium of the five senior judges, thereby limiting the Chief Justice of India's sole authority to allocate cases and constitute benches. The C…

Mahesh Chandra Gupta filed a writ petition challenging the appointment of respondent No.3 as an Additional Judge of the Allahabad High Court, alleging that he lacked the ten‑year practice requirement under Article 217(2)(b) of the Constitution. The Court examined whether "actual practice" or merely the "right to practi…

Basudev Dutta, an Ophthalmic Assistant employed by the West Bengal Government since 1985, was terminated in 2011 after a police verification report, filed 25 years later, labeled him ‘unsuitable’ for the post. He challenged the termination, asserting Indian citizenship based on his father’s migration certificate and ar…

The State of Orissa filed a suit under Article 131 of the Constitution seeking a declaration that the Borra group of villages belonged to it, asserting that the area was part of the Jeypore (Imparible) Estate transferred to Orissa in 1936. The State of Andhra Pradesh contested the suit, arguing that the disputed area w…

V.B. Raju, an Indian Civil Service officer who later became a High Court Judge, filed a petition seeking two separate pensions—one for his service as an I.C.S. officer and another for his tenure as a judge—under the High Court Judges (Conditions of Service) Act, 1954. The issues centered on the constitutional validity …

The appellants, Sheo Nano and others, claimed Sirdari rights over several plots by adverse possession, while the Deputy Director of Consolidation, acting under the U.P. Consolidation of Holdings Act, 1953, found the recorded tenure‑holder Jethu to be a civil death with no heirs and ordered the land to vest in the Gaon …

The case concerned promotion of Junior Engineers in the Electrical and Mechanical wings of the Uttar Pradesh Public Works Department to the post of Assistant Engineer. The State Government had issued an office memorandum on 7 January 1980 reducing the service‑experience requirement from ten to seven years, and the High…

The appellant, a supplier of rations to the Central Reserve Police Units in Assam, was assessed sales tax for supplying "meat on hoof" under the Assam Sales Tax Act, 1947. He contended that "meat on hoof" was merely a term used by the military for live goats intended to be slaughtered for meat, and therefore fell withi…

The Municipal Board of Pilibhit charged the managing director and officials of L.H. Sugar Factory with failing to pay octroi on 804 maunds of sugarcane brought by rail into the factory on 30 November 1967, alleging a violation of the 1960 octroi bye‑laws. The appellants contended that a 1936 Government order under sect…

The petitioners, members of the Hindu Bawa community who migrated from Sindh, claimed that they were entitled to reservation benefits for Nomadic tribes under the Maharashtra Government Resolution of 21 November 1961, which listed "Gosavi" and its synonyms, including Bawa. The State of Maharashtra issued a later resolu…

The appellant K. Prabhakaran challenged the election of P. Jayarajan, who had been convicted of several offences and sentenced to 29 months of imprisonment, on the ground of disqualification under Section 8 of the Representation of the People Act, 1951. The trial court had ordered the sentences to run consecutively, ma…

The Constitution Bench examined whether a delinquent employee is entitled to a copy of the Inquiry Officer's report before the disciplinary authority decides on guilt or punishment, especially after the 42nd Amendment removed the right to show cause on penalty. It held that when the Inquiry Officer is not the disciplin…

The State of Orissa issued notifications under the Orissa Sales Tax Act, 1947, imposing a 10% purchase tax on bamboos and standing trees agreed to be severed. Petitioners challenged the validity of these notifications, arguing that the transactions were not sales of goods, that the tax amounted to double taxation, and …

The Supreme Court examined a series of seven ordinances issued by the Governor of Bihar between 1989 and 1992 to take over non‑government Sanskrit schools. None of the ordinances were laid before the state legislature as required by Article 213(2) and they were repeatedly re‑promulgated, violating the precedent set in …