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577 judgments · newest first · showing 401–577
The respondent, T. Suryachandra Rao, submitted a declaration under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, surrendered land deemed excess, and the surrender was accepted by the authorities. It later emerged that the surrendered land had already been acquired by …
Garware Polyester Ltd., after incurring massive losses, sought a restructuring scheme under Section 391 of the Companies Act, 1956, which was approved by the majority of its debenture holders. The Administrator of the Specified Undertaking of the Unit Trust of India (UTI) challenged the scheme, …
The Zoroastrian Co‑operative Housing Society Ltd. (appellant) was formed to provide housing for members of the Parsi community and its bye‑law 7 limited membership to Parsis. Respondent No. 2, a qualified member, sought to transfer his share to Respondent No. 3, a non‑Parsi builder, but the Society …
The widowed appellant Sona Bala Bora and her children claimed that their father‑in‑law Bhogirath Bora, who had sold three bungalows to the respondent Jyotirindra Bhatachary, was of unsound mind when he executed the sale deed and that a prior criminal‑case compromise required him to gift one bungalow …
M/S. Sahakari Khano Udyog Mandal Ltd., a sugar manufacturer, claimed a refund of excise duty on excess sugar production under Notification No. 257/76 and Notification No. 108/78. The claim was filed after the six‑month period prescribed by Section 11B of the Central Excise and Salt Act, 1944, and …
The appellants challenged a writ petition that had been disposed of by a single High Court judge on the basis of a purported compromise memo signed only by the respondents. The appellants asserted that they never signed the memo and that the disposal was therefore erroneous. The Division Bench of …
The Supreme Court examined whether an employer could close an industrial undertaking and retrench workmen without obtaining prior permission from the appropriate Government, and whether a settlement reached between the parties could override the statutory requirements of Sections 25‑N and 25‑0 of …
The Supreme Court considered applications filed by the purchaser of Bengal Paper Mills' assets seeking clarification of its earlier judgment that ordered a refund of the Rs.2 crore purchase price but denied interest. The Court examined whether interest could be awarded under Order XXI Rule 93 of the …
The insured, M/s Harchand Raj Chandan Lal, purchased a burglary insurance policy from United India Insurance Co. Ltd. that defined "burglary" as theft involving forcible and violent entry. During the policy period, bags of grain were stolen from the insured's godown without any force or violence, …
The vendors (appellants) entered into a sale agreement for land with a bungalow, requiring payment of the purchase price in instalments. The purchaser (respondent) paid part of the consideration but missed the stipulated deadline for a later instalment. The vendors claimed that time was of the …
The appellant, Shamsu Suhara Beevi, entered into a sale agreement with the respondents, G. Alex and others, but failed to execute the deed. The respondents sued for specific performance; the trial court ordered them to deposit the balance sale consideration and directed the appellant to register the …
Jayamma, the holder of a Will dated 20 February 1984 executed by the deceased tenant‑occupier Anthony Rebello, applied under Section 276 of the Indian Succession Act for letters of administration. The wife and children of the deceased contested the Will, alleging it was invalid. The trial court held …
The plaintiff, P. D'Souza, sued Shondrilo Naidu for specific performance of a sale agreement in which the parties were to exchange a building for a fixed price by 5‑Dec‑1978. The defendant had mortgaged the property, failed to produce original title documents and did not redeem the mortgage, thereby …
The vendor, a life tenant of a property, entered into a sale agreement with HPA International to sell his life interest and the reversionary interest of the remaindermen, subject to obtaining a High Court sanction. The sanction suit was opposed by the reversioners and, after two years of delay, the …
Citibank sold IRFC bonds to Standard Chartered Bank (SCB) and issued a Banker’s Receipt (BR) which SCB later returned with an endorsement, also handing over a non‑transferable BR issued by CANFINA. SCB then demanded delivery of the bonds from Citibank, leading to suits in a Special Court. The …
New Moga Transport Co., the appellant, was hired by United India Insurance Co. to transport goods to Bamala, where the goods were destroyed by fire. United India settled the loss with the original buyer and sued the transporter for compensation, filing the suit in the Bamala court where the cause of …
The appellant, a German manufacturer of printing machines, sold a machine to the Indian respondent and was later accused before the MRTP Commission of unfair trade practices and faced a compensation claim. The appellant challenged the Commission's jurisdiction on two grounds: a contractual clause …
Hanil Era Textiles Ltd placed a purchase order in Mumbai for filters, paying an advance there, and the order was accepted by the seller's Mumbai branch. The goods were later dispatched from the seller's Delhi factory to the buyer in Delhi, and the buyer filed a suit in the Delhi court for recovery …
The State Bank of Patiala issued a Voluntary Retirement Scheme (SBPVRS) that was open from 15 February to 1 March 2001. Clause 5 set the application period, clause 8 dealt with the bank's discretion and mode of acceptance, and clause 9(i) stated that applications could not be withdrawn. Three …
The Food Corporation of India (FCI) invited tenders to hire plinths for grain storage and awarded the contract to Mis. Babulal Agrawal, who constructed the plinths and handed them over on 24‑Jan‑1987. The agreement provided that FCI would lease the plinths for three years (extendable by one year) …
Sultan Sadiq, who had been rendering voluntary services as an assistant teacher in a madrasa, contested a legislative assembly election. The first respondent challenged his election alleging that Sadiq held an office of profit under the State of Assam because his services were purportedly …
The appellants, Ganga Retreat and Towers Ltd., bought a prime property at a public auction on the basis that it was free‑hold, ceiling‑free and had a Floor Area Ratio (FAR) of 2.0. After paying the full consideration, they obtained possession and applied for building‑plan approval, but the municipal …
The mother executed a registered gift deed in 1945 transferring an 1/8 share of her property to her minor son and daughter, while reserving possession and enjoyment for herself during her lifetime. After the son attained majority, the mother cancelled the gift deed in 1970 and executed a will …
The appellant, a non‑redeeming co‑mortgagor, claimed a 9/12 share in a jointly owned mortgaged property and sought declaration of title, possession, or partition after another co‑mortgagor fully redeemed the mortgage and took possession. The trial court and first appellate court decreed partition, …
The respondents filed a suit against United Bank of India concerning an underwriting commitment. While the suit was pending, the parties executed a Memorandum of Understanding (MOU) on 18 May 1994 that required the respondents to withdraw the suit, pay a guarantee liability of Rs. 2.33 lakhs, and …
The Supreme Court examined an arbitration award arising from a turnkey housing contract between Army Welfare Housing Organisation (AWHO) and Sumangal Services Pvt. Ltd. (Sumangal). The Court held that the arbitrator had no jurisdiction to pass an interim injunction under Section 41(b) of the …
Citibank N.A. bought GOI 2009 bonds from Canbank Mutual Fund (CMF) and issued two Bankers Receipts (BRs) to Standard Chartered Bank (SCB) in exchange for Rs.50 crore. SCB asked for CMF's Subsidiary General Ledger (SGL) forms in lieu of the bonds; Citibank delivered the dishonoured SGLs and received …
The appellants claimed possession of a property based on a registered deed of settlement allegedly executed by an elderly, paralytic executor on 11 July 1970. The respondents filed a suit for declaration and permanent injunction, alleging the executor was over 100 years old, physically and mentally …
The Supreme Court examined a dispute arising from a housing scheme originally framed by Agra Nagar Mahapalika under the U.P. Nagar Mahapalika Act, 1959, whose execution was later transferred to the U.P. Avas Evam Vikas Parishad (Parishad). Owners of the acquired land, dissatisfied with the …
The National Highways Authority of India (NHAI) issued a tender for toll collection requiring a bid security of Rs 50 lakh in the form of an on‑demand bank guarantee, which could be forfeited if the bidder withdrew his bid within the 120‑day validity period. Ganga Enterprises submitted the bid, …
The case involved a family dispute over the control of Kerala Kaumudi Pvt. Ltd., focusing on the validity of share transfers from Mani and his children to M.S. Madhusoodhanan, the removal of Madhusoodhanan as Managing Director and the deletion of Article 74, the allotment of additional shares to …
The Kerala Forest Department auctioned the right to collect residual tree growth and fire wood. The appellant bid Rs 3,00,100, but before the bid was confirmed a fire destroyed a substantial part of the subject matter. The appellant requested a reduction in the bid amount, yet the Managing Director …
ONGC entered into a contract with Saw Pipes Ltd for supply of casing pipes, making timely delivery essential and providing for liquidated damages of 1% per week (up to 10%) for delay. Saw Pipes failed to deliver on time due to a strike, sought an extension, and ONGC granted it on the condition that …
The Pradeshiya Industrial & Investment Corp. of U.P. (PICUP) advanced a loan to Shefali Papers Ltd., secured by mortgage and guarantee bonds executed by Kailash Nath Agrawal and others. After the company was declared sick under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), …
The Supreme Court examined the validity of Voluntary Retirement Schemes (VRS) introduced by State Bank of India and other nationalised banks, focusing on whether an employee’s application for retirement could be withdrawn before the bank’s acceptance despite a clause stating the request was …
The State of Uttar Pradesh issued executive directives under Article 162 to deduct 5% from government advertisement bills in newspapers with circulation over 25,000, creating a fund for a pension scheme for working journalists. The scheme had not been enacted as a law because the related bill lapsed …
The appellant, Nirmala Anand, entered into a 1966 agreement to purchase a flat for Rs.60,000, paying Rs.35,000 before the seller's lease was cancelled, leaving the building incomplete. She sued for specific performance, but the High Court denied it and awarded damages; the Division Bench affirmed. …
The husband entered into a hire‑purchase agreement with I.C.D.S. Ltd., and his wife stood as guarantor, issuing a cheque for part payment. The cheque was returned unpaid and the appellant served a statutory notice under Section 138 of the Negotiable Instruments Act, 1881, thereafter filing a …
The plaintiff, Jaipur Traders Corp. Pvt. Ltd., executed a sale deed for an oil mill and received an initial payment, but the balance consideration was withheld pending income‑tax clearance. The parties entered into a written settlement with a director that deferred the balance payment until all …
The Industrial Financial Corporation of India (IFCI) advanced term loans to Cannanore Spinning and Weaving Mills Ltd. (the principal debtor) secured by mortgages and a Deferred Payment Guarantee (DPG). When the debtor defaulted, IFCI sought payment from the guarantors (defendants 2‑6 and the …
The appellant, General Manager Northern Railways, entered into a construction contract with the respondent, Sarvesh Chopra, which contained both General and Special Conditions. Disputes arose and the respondent filed a petition under Section 20 of the Arbitration Act, 1940 seeking arbitration of six …
The appellant, along with two friends, advanced Rs 7.5 lakhs to the respondent about four years before the respondent issued a cheque on 30‑03‑1998, which was later dishonoured. The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, and the magistrate issued …
Vicco Laboratories, a manufacturer of ayurvedic products, hired Art Commercial Advertising and its partners to produce a television serial titled "Yeh Jo Hai Zindagi" for Doordarshan, paying them a fixed sum as sponsorship. Vicco claimed it was the producer and owner of the copyright and the …
The appellant, who had sold his immovable property to the respondent, later entered into a written agreement whereby the respondent would sell the property back to him after five years for a specified sum. After the period elapsed, the appellant demanded reconveyance, but the respondent refused, …
The Oil and Natural Gas Commission (ONGC) supplied natural gas to several industrial respondents under contracts that expired on 31 March 1979. The respondents challenged ONGC's attempt to renew the contracts at higher rates, and the Gujarat High Court, by interim order, directed ONGC to continue …
Ram Sahay filed a suit for declaration of ownership and possession of a shop. The defendant, Nawal Kishore, claimed an agreement to sell the shop existed, but the plaintiff objected to its exhibition on the grounds that it was unregistered and insufficiently stamped. The trial court upheld the …
Indu Engineering & Textiles Ltd. supplied hard coke to the Delhi Development Authority (DDA) under a contract containing a price‑escalation clause. The clause was later modified to apply only when there was a statutory increase in price. DDA refused to pay the escalated price for hard coke, leading …
Mis Sikkim Subba Associates was appointed by the State of Sikkim as the organising agent for state lotteries. A dispute over payments led to arbitration under the Arbitration Act, 1940, where the arbitrator awarded the appellants Rs 37.75 crore in damages. The State sought to set aside the award …
State Bank of Saurashtra sold UTI units to P.N.B. and received payment of about Rs 102.65 crore, but failed to deliver the units. P.N.B. sued for specific performance and damages. The Special Court ordered the bank to purchase the units from the open market and deliver them. On appeal, the Supreme …
The importer C.L. Jain Woolen Mills brought polyester filament yarn from Korea, which was seized by customs under Section 111(d) of the Customs Act, 1962. The High Court quashed the seizure and ordered release of the goods without demurrage, a decision that became final after the Revenue's special …
Syndicate Bank filed a suit in Goa to recover a loan advanced to Mr. Prabha D. Naik and others, alleging default on a promissory note. The trial court and the High Court dismissed the suit as barred by limitation, holding that the Portuguese Civil Code's Article 535 governed limitation in Goa. The …
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 …
The insured, Yash Paul Malhotra, entered into a motor insurance contract on 21‑12‑1993, gave a cheque for the first premium and received a cover note. He died in a road accident on 31‑12‑1993, and the insurer discovered that the cheque had bounced on 10‑01‑1994, cancelling the policy on 20‑01‑1994. …
The appellants, industrial consumers, had entered into contracts with the Madhya Pradesh Electricity Board requiring them to pay a minimum guaranteed charge equivalent to 40% of the contract demand, irrespective of actual consumption. They challenged the Board's demand for these charges, arguing …
The appellant, a senior advocate and former legal advisor to a cooperative bank, refused to return the bank's case files after the retainership was terminated, demanding payment of alleged fees of Rs. 97,100. The bank filed a complaint before the State Bar Council, which was transferred to the Bar …
The Kerala State Electricity Board entered into a contract with contractor Kurien E. Kalathil for dam construction. After a 1983 government notification raised minimum wages, the Board paid labour‑escalation amounts to the contractor until December 1984, but stopped payments from January 1985, …
Ghaziabad Development Authority (GDA) advertised several schemes for allotment of developed plots, collected deposits from allottees, and then failed to deliver possession within a reasonable time. The aggrieved allottees obtained orders from the MRTP Commission, Consumer Forum and High Court …
The petitioners, Artificer Apprentices in the Indian Navy, were initially engaged for 15 years and exercised an option to re‑engage for a further four years before their original term expired. After the re‑engagement was approved, they sought to withdraw their consent and be released, claiming they …
The appellants, leasing companies, entered into master lease agreements for equipment and were taxed by several states on the transfer of the right to use the goods. The states relied on explanations in their sales tax statutes that deemed the taxable event to occur where the goods were used, …
The Supreme Court examined a dispute arising under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 where Standard Chartered Bank claimed that shares and securities pledged by broker Hiten Dalal were its security against a loss of Rs. 280.80 crore. The Court …
Nath Bros. Exim International Ltd. booked 77 packages of silk garments with Best Roadways Ltd. for carriage from Noida to Bombay, the contract stating the goods were carried "at Owner's Risk". The consignment was diverted to a warehouse in Bhiwandi on alleged instructions of the consignee and was …
Travancore Rubber and Tea Co. entered into three agreements to sell old rubber trees, receiving Rs 75,000 as earnest money and Rs 3,56,300 as advance. The purchasers defaulted, the agreements were terminated and the amounts were forfeited. The assessee claimed the forfeited sums were capital …
New India Assurance Co. issued a motor vehicle insurance policy for a truck on 8 November 1991. The same night the truck met with an accident that killed a cleaner and two labourers. The dependants of the deceased filed claims for compensation, but the insurer denied liability, arguing that the …
Shiv Kumar Joshi, a member of the Employees' Provident Fund Scheme, complained before the District Consumer Forum that the Regional Provident Fund Commissioner delayed payment of his provident fund, alleging deficiency in service. The Commissioner appealed, arguing that the scheme was not a …
Hindustan Construction Co. Ltd. (HCCL) entered into a dam construction contract with the State of Bihar and furnished two bank guarantees – a Performance Guarantee to the Chief Engineer and a Mobilisation Advance Guarantee to the Executive Engineer. The State invoked both guarantees, prompting HCCL …
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 Life Insurance Corporation (LIC) offered a Salary Savings Scheme under which Delhi Electric Supply Undertaking (DESU) deducted insurance premiums from its employees' salaries and remitted them to LIC. DESU failed to remit premiums for two months, after which an employee died and his widow …
Mis Arosan Enterprises Ltd entered into a contract with the Union of India/FCI for the supply of 58,000 metric tonnes of sugar, stipulating that shipment by 31 October 1989 was the essence of the contract but also allowing the buyer to extend the delivery period at a discount. The buyer cancelled …
Atlas Export Industries entered into a contract for the supply of groundnut extractions that incorporated by reference the GAFTA standard contract, which contained an arbitration clause mandating disputes be resolved in London under GAFTA rules. A dispute arose, arbitration was conducted in London …
The respondents entered into a 1987 agreement with Lata Construction for the purchase of a flat, paid substantial sums, but the flat was never delivered and was later occupied by another. In 1991 the parties executed a fresh agreement providing for compensation of Rs.9,51,000 in lieu of the flat, …
The Board of Trustees of the Port of Bombay detained a consignment of acrylic fibre belonging to Mis Sriyanesh Knitters, demanding payment of wharfage and demurrage arising from earlier imports of woollen rags. The respondents challenged the Board’s circular, alleging it was ultra‑violet of the …
The plaintiff paid Rs.1 lakh each to the property owner (defendant 1) and his agent (defendant 2) based on a written authorisation allowing the agent to sell the ground floor. The sale fell through; the agent returned Rs.50,000 but the owner refused to refund his share, denying any contractual …
The appellant, K. Narendra, entered into a 1972 agreement to sell a 4,000 sq m plot to Riviera Apartments (P) Ltd for Rs 8,97,740, contingent on the buyer obtaining various governmental sanctions for a multi‑storey project. The buyer failed to secure the required approvals, part of the land was …
The appellant, a contractor, entered into a contract with the State of Madhya Pradesh to construct a hostel, but the contract was rescinded by the State alleging insufficient progress. The appellant sued for the contract price of Rs 32,000 and claimed Rs 20,000 as damages for loss of profit. The …
The appellant, a financial institution, obtained a decree against the respondents for a sum of Rs 5,25,451.07 plus interest, costs and future interest, payable in monthly instalments. The respondents paid instalments but claimed the payments were to be applied only to the principal, not to interest …
The appellants, Karnataka Pawnbrokers Association, challenged the liability to pay sales tax on the sale of unredeemed pledged goods disposed of through public auction. The issue was whether a pawnbroker, by virtue of statutory authority to sell defaulted pledges, qualifies as a "dealer" and carries …
The landlord, a partnership firm, sued its former tenant for possession of premises after a 21‑year lease expired. The partnership was unregistered when the suit was filed, raising a bar under Section 69(2) of the Partnership Act. The trial court and High Court held the suit maintainable and granted …
The plaintiff, an undischarged insolvent, entered into a joint application with the creditor to sell his land for the debt amount, with a clause allowing repurchase within five years. After the sale deed was executed by the Official Receiver, the plaintiff was adjudicated insolvent, but later …
The case concerned the promotion of Har! Om Sharma, a senior non‑diploma line‑man, to the post of Junior Engineer‑I in 1990. Although promotion quotas were fixed for three feeder cadres, the department used an integrated seniority list, ignoring the quota for non‑diploma holders. Sharma was placed …
Uptron India Ltd., a manufacturing concern, terminated the services of Ms. Shammi Bhan, a confirmed permanent employee, invoking clause 17(g) of its certified standing orders which provided for automatic termination if a workman overstayed leave for more than seven days. The employee challenged the …
The petitioner, Tarsem Singh, owned agricultural land and entered into a sale agreement with the respondent, Sukhminder Singh, for Rs. 24,000 per acre, with Rs. 77,000 paid as earnest money. The parties differed on the unit of measurement—"bighas" versus "kanals"—leading to a mutual mistake about …
The appellants purchased lands in 1962‑64 from original grantees who had received the parcels under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. The Act prohibits alienation of such lands for a specified period, rendering the sales …
The insured had taken four LIC policies and missed the third half‑yearly premium. A general agent collected a bearer cheque for the overdue premium after the grace period, encashed it and deposited the amount with LIC after the insured's death. LIC rejected the claim, stating the policies had lapsed …
The appellant National Insurance Co. Ltd. issued two fire policies with a Riot and Strike endorsement to the respondent Sujir Ganesh Nayak & Co. When a strike halted production and caused damage, the insurer denied liability, invoking Special Condition 5(i)(b) which excludes loss from cessation of …
The appellants, rice millers, supplied rice to the Food Corporation of India under the Andhra Pradesh Rice (Procurement Ex‑Mill Prices) Order, 1975 and were paid the notified procurement price. The State later issued a memorandum (Nov 2 1976) extending that price to the 1976‑77 crop and, by a …
The appellant banks entered into ready‑forward (buy‑back) contracts with brokers before June 1992, consisting of a completed ready leg (purchase of securities) and a future forward leg. The Custodian, under the Special Court Act, claimed the contracts were void for violating RBI circulars issued …
United Breweries Ltd. (the appellant) challenged the assessment of sales tax on the value of bottles and crates supplied with its beer, arguing that these were not sold but were returned against a refundable deposit. The Commercial Tax Officer, the Tribunal and the Andhra Pradesh High Court held …
The plaintiff K.S. Vidyanadam entered into a sale agreement on 15‑December‑1978 to purchase a house for Rs.60,000, paying only Rs.5,000 as earnest money and agreeing to complete the purchase within six months. He failed to purchase stamp papers, pay the balance or demand execution of the sale deed …
Mrs. Surjeet Malhan and her husband, Mr. B.K. Malhan, owned shares in a private company and sued John Tinson & Co. and others for declaration and injunction after the appellants allegedly transferred those shares without proper authority. The appellants argued that the wife had impliedly consented …
The case concerns refunds of excise and customs duties collected contrary to law. The Supreme Court examined the validity of Section 11-B of the Central Excises and Salt Act, 1944, as amended in 1991, which restricts refunds to claimants who have not passed on the burden of duty to others. The Court …
Nawab Sir Mohammad Yusuf executed a wakfnama on 5 April 1956, dedicating his properties as a waqf and appointing himself as Mutawalli, with his nephew Syed Shah Hashmi as successor. After his death, his widow Smt. Zubeda Begum sued for cancellation of the wakfnama and possession of the properties, …
The landlord filed an eviction suit against a partnership firm. The son of a deceased partner sought to be impleaded as an additional defendant, first under Order I Rule 10(2) CPC and later under Order 30 Rule 4 CPC, both applications being dismissed by the trial court and the district court. While …
The respondents, a registered partnership firm, filed a suit to recover Rs. 58,880 on a promissory note dated 1 April 1960. During the pendency of the suit one of the partners died, and the trial court dismissed the suit on the ground that the deceased partner’s legal representatives had not been …
The Supreme Court examined the validity of land allotted to "sub‑awardees" after the land had been acquired under the Rajasthan Land Acquisition Act. It held that once a notification under S.4 and possession under S.16 were effected, the original owner's title ceased and vested in the State, …
The appellant, Papaiah, purchased five acres of agricultural land that had been assigned to Scheduled Caste persons under Mysore Land Revenue Code Rule 43(8) in 1940. The sale deed was executed in 1958, but the Karnataka Scheduled Castes & Scheduled Tribes (Prohibition of Transfer of Certain Lands) …
The State of Uttar Pradesh entered into a works contract with Bridge & Roof Co. (India) Ltd., which required the State to deduct 4% tax at source under the U.P. Trade Tax Act, 1948. The Commissioner of Sales Tax, under a composition scheme, directed a reduced deduction of 1% and the State complied, …
Bharathi Knitting Co. contracted DHL Worldwide Express to transport a cover containing export documents, which failed to reach the consignee in time, causing the buyer to pay a reduced amount and the appellant to claim a loss of Rs.4,29,392.60. The courier’s consignment note contained a limitation …
The U.P. Rajkiya Nirman Nigam Ltd (appellant) and Indure Pvt Ltd (respondent) were negotiating a joint tender for the U.P. State Electricity Board. The appellant sent a draft agreement which it did not sign; the respondent returned a counter‑proposal deleting clause 10 and materially altering clause …
Kaveri Engineering Industries Ltd entered into a contract with United Shipping Corporation Ltd for the transshipment of 400 MT of fabricated steel structures from Madras to Chittagong for a fixed freight of Rs 2 lakhs, irrespective of cargo volume. The shipping agent later demanded Rs 10.70 lakhs …
Bihari Lal Jaiswal obtained a retail liquor licence under the Madhya Pradesh Excise Rules and entered into a partnership with ten others to run the business. He applied for registration of the partnership under sections 184 and 185 of the Income Tax Act, but the Income Tax Officer rejected the …
The appellant, Indian Drugs & Pharmaceuticals Ltd., entered into a contract with respondent No.2 for filling medicine vials, which was terminated on 1 April 1984. After discovering defects in the vials in 1985, the appellant sought reimbursement and invoked the arbitration clause (clause 19) to …
Muni Lal insured his truck with Oriental Fire and General Insurance Company and lost it in October 1983 due to the driver’s misfeasance. He filed a suit in 1986 seeking only a declaration that he was entitled to the insured amount, omitting any claim for monetary compensation. The trial court …
Mysore Traders, a partnership firm, were appointed by Bajaj Auto Ltd as sole distributors of Vespa scooters and auto‑rickshaws in Ahmednagar. The firm claimed that the appointment created an agency coupled with interest, making the termination of the distributorship without reasonable notice …
The original grantee, Dasana Rangaiah, was allotted two acres of government land in 1951 under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act. He sold the land to the appellant in 1968, but a 1987 representation led the Assistant Commissioner to …
The Madras Port Trust invited tenders in 1957; the contractor submitted a tender with deviations, notably that the Trust would import and supply plant and machinery. The Trust refused to incorporate the contractor’s modifications, and the contract was signed without them. Delays in importing the …
Gujarat Bottling Co. Ltd (GBC) entered into a 1993 licence agreement with Coca Cola to bottle and distribute beverages under several trade marks, which included a negative covenant prohibiting GBC from dealing in competing products during the agreement's term. A subsequent 1994 agreement, intended …
The Life Insurance Corporation (LIC) introduced a low‑premium term insurance policy (Table 58) but limited its availability to persons employed in government, semi‑government or reputed commercial firms. Several applicants were denied coverage and challenged the restriction as arbitrary and …
M/s Angile Insulations filed a suit in the Sub‑Judge Court, Dhanbad, to recover sums due under a contract with Davy Ashmore India Ltd. The respondent invoked clause 21 of the contract, which stipulated that any legal proceedings would be subject to the jurisdiction of the High Court of Bangalore. …
Aries Advertising Bureau placed an advertisement for a circus operated by Balakrishnan and sued C.T. Devaraj, the circus’s financier, for the Rs 27,000 advertising cost. The trial court held that a contract existed between the advertiser and Devaraj and awarded a decree, but the Madras High Court …
The State allotted 11 acres of land to a tribal respondent. The appellant entered into a sale agreement with the tribal and applied to the Collector for permission to alienate the land under the Bombay Revenue Code. The Collector and Commissioner refused, stating that land assigned to Scheduled …
Gian Chand entered into an agreement to purchase a one‑third share of land from Gopala, paying Rs 20,000 as earnest money with the sale deed to be executed by 30‑April‑1978. The appellant later discovered that a notification under Section 4(1) of the Land Acquisition Act, 1894, published on …
The appellant entered into an agreement to purchase six acres of land, paying Rs. 50,000 as earnest money (labelled as an advance) and agreeing to register the sale deed within six months, making time of the essence. He took possession, levelled the land and sought a layout plan, which the Gram …
The State of Maharashtra appealed against The Britannia Biscuits Co. Ltd., which sold biscuits in tins and collected a refundable deposit for the tins, refunding it only if the tins were returned within three months. The Assessing Authority treated the amount written off from unreturned tin deposits …
Ramti Devi filed a suit on 30 July 1966 seeking a declaration that she was the absolute owner of a house and that the sale deed dated 29 January 1947, by which the defendant had allegedly alienated the property, should be avoided or cancelled. The trial court dismissed the suit and the Delhi High …
The State Trading Corporation (STC) entered into a contract to supply basmati rice to Abu Dhabi Municipality and, concurrently, a back‑to‑back agreement with Jainsons Clothing Corporation requiring Jainsons to supply a portion of the rice and to furnish an irrevocable bank guarantee. After STC …
The Union of India entered into a construction contract with M/s. Jain Associates, which was later terminated for non‑completion. The contractor claimed Rs 37,37,885 and the Union counter‑claimed Rs 9,49,701. An umpire under the Arbitration Act, 1940 awarded the contractor Rs 24,10,330, granting …
The Supreme Court examined disputes arising from the Kerala Abkari Shops (Disposal in Auction) Rules, 1974, where licensees of arrack shops claimed the State was contractually obliged to supply additional quantities of liquor beyond the statutorily mandated monthly quota. The Court held that the …
The Food Corporation of India (FCI) entered into fidelity insurance guarantees with several insurance companies to cover losses caused by rice millers' breach of contract. The guarantees stipulated that FCI would have no rights under the bond after six months from the termination of the millers' …
The Steel Authority of India issued a price circular on 17 March 1989 offering an additional discount to any customer whose monthly off‑take of thinner gauge steel exceeded 400 metric tonnes. Six traders, after receiving a clarification letter dated 2 December 1989, formed a group and sought to …
The Food Corporation of India (FCI) entered into a storage agency agreement with Jagannath Dutta in 1967, which contained a clause allowing either party to terminate the contract with two months' notice without assigning a reason. In 1985, FCI decided, through a series of meetings and letters, to …
The State of Maharashtra charged Dr. Budhikota Subharao with leaking atomic energy secrets under the Atomic Energy Act and the Official Secrets Act. He was discharged because the State failed to obtain the sanction required under Section 197 of the Criminal Procedure Code. The accused then applied …
The Railway Board issued a tender for 1,900 cast steel bogies, receiving identical low bids from three large manufacturers (H.D.C., Mukand, Bhartiya) and higher bids from nine others. The Tender Committee, suspecting a cartel, recommended a reduced price of Rs. 76,000 and later a dual pricing …
The parties entered into an agreement on 26‑August‑1971 for the sale of a free‑hold house for Rs.1,78,000, with Rs.30,000 earnest money and a further Rs.98,000 payable within ten days. The vendor claimed that the ten‑day payment was the essence of the contract and, when the buyer failed to pay, …
St. Joseph Textiles booked a consignment of hand‑loom cloth for carriage by the Indian Railways and sent the parcel way‑bill and a bank demand draft to the bank for clearance. The bank returned the documents, and the appellant wrote to the destination station master requesting re‑booking of the …
Banwari Lal filed a suit which was dismissed by the Subordinate Judge on the basis of a petition of compromise filed on his behalf. Banwari Lal later alleged that the petition was fraudulent, unsigned by the respondent and filed through a colluding advocate. The Subordinate Judge, after finding the …
Indian Bank sued K. Nataraja Pillai, his wife and son to recover Rs.1,21,006.98 secured by a promissory note, hypothecation deeds and an equitable mortgage. The defendants denied execution of the note and guarantee agreement, alleging fraud, undue influence and, in the son’s case, minority. The …
The appellant, Kali Durga Estate, entered into a registered agreement to sell its first‑floor premises to Sanchaita Investments for Rs.16 lakh, with an earnest payment of Rs.4 lakh and further installments. The contract stipulated that the buyer must pay the balance and take possession within 15 …
The State Bank of India (SBI) granted a packing credit to a partnership and secured it by an equitable mortgage of a shop and a personal guarantee. SBI obtained a composite decree comprising a money decree against all defendants, including the guarantor, and a mortgage decree for sale of the shop. …
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 Calcutta Electricity Supply Corporation (C.E.S.C.) engaged private contractors to excavate, lay and maintain electric lines. The Employees' State Insurance Corporation (E.S.I.C.) directed C.E.S.C. to deduct E.S.I. contributions for the contractors' workers, asserting they were "employees" under …
The Karta of a Hindu undivided family (HUF) converted the family cloth business into a partnership with his son, who contributed only his skill and labour and no cash. The Income‑Tax Officer refused to register the firm, a decision upheld by the Appellate Tribunal and the Bombay High Court. The …
The appellant, Gariwala, challenged a decree passed on a compromise that was reduced to writing and signed only by his counsel, arguing that the 1976 amendment to Order XXIII Rule 3 of the CPC required the parties themselves to sign. The respondents contended that the expression "parties" includes a …
Patel Roadways Ltd, a carrier with its principal office in Bombay and subordinate offices elsewhere, was sued in Madras courts for loss of goods transported from its Tamil Nadu and Madras branches to Delhi. The carrier claimed that a clause in its contracts stipulated that any dispute must be heard …
Gurmkh Singh (appellant) appealed against a decree ordering specific performance of an agreement with Amar Singh (respondent) to jointly bid at a public auction of evacuee property and to split the purchased land. The appellant argued that the agreement was void under Section 23 of the Indian …
Maharashtra State Financial Corporation (the appellant) had sanctioned a Rs.30 lakh loan to Jaycee Drugs Ltd. (the respondent company) which was secured by a mortgage and a personal guarantee from the company's directors. After the company defaulted, the corporation sought recovery of …
The Supreme Court examined a contract where the plaintiff advanced Rs 75,000 to a claimant of Nawab Salar Jung’s estate in return for a one‑anna share of the proceeds, with the understanding that the plaintiff would use his influence over government ministers to secure the claimant’s recognition as …
The landlords and tenants jointly obtained permission for a five‑year limited tenancy under Section 21 of the Delhi Rent Control Act, 1958. After the tenancy expired, the landlords sought possession, but the tenants argued that a prior tenancy already existed and that the permission was obtained by …
The Delhi Transport Corporation (DTC) terminated the services of three permanent employees under Regulation 9(b) of the Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952, which allowed termination by one month's notice or pay in lieu thereof without assigning …
Star Enterprises and other appellants submitted the highest monetary offers for lease of plots in response to a public tender issued by the City and Industrial Development Corporation (CIDC) of Maharashtra, a government company acting as a New Town Development Authority. The CIDC rejected these …
The plaintiff, a textile dealer, maintained a current account with UCO Bank and alleged an oral agreement that the bank would receive, store and deliver his goods, acting as his trustee or agent. He paid for the goods but the bank failed to deliver them, leading to a suit for damages and delivery. …
The respondent, sister of the appellant, entered into an agreement on 23 June 1965 whereby she would redeem a mortgaged house and, upon redemption, the appellant would execute a sale deed in her favour. She redeemed the mortgage in 1970 but the appellant failed to execute the deed despite repeated …
Southern Roadways Ltd., a transport company, appointed S.M. Krishnan as its agent at Madras and allowed him to use a leased godown for the company's business. After discovering mismanagement and misappropriation of funds, the company terminated Krishnan's agency on 14 October 1988 and took …
The appellants, liquor contractors, were required to pay an additional 7.5% mahua and fuel cess on contracts awarded by the Madhya Pradesh Government. The High Court declared the levy illegal in Surajdin (1960) and Doongaji (1962), but the Government continued to collect it, resulting in the …
The Supreme Court examined whether an award under the Arbitration Act, 1940 could be remitted or set aside solely because the arbitrator or umpire did not give reasons. The Court held that unless the arbitration agreement, deed of submission, or a specific court order or statute requires reasons, an …
Snow White Industrial Corporation, a Madras partnership manufacturing paint, entered into a written agreement with Gillanders Arbuthnot & Co., a Calcutta firm, designating Gillanders as the "sole selling agents" for its product across India. The agreement contained clauses for return of unsold stock …
The appellants, P.C. Dalui and others, held a lease dated 26 September 1946 for an initial ten‑year term with contractual options to extend the lease for two further five‑year periods and a final one‑year period upon payment of enhanced rent. They exercised the two five‑year extensions but did not …
The dispute concerned the ownership of a 7‑acre Naroda Chawl, claimed by the plaintiff Vadilal Modi as part of a partition suit against his siblings and their heirs. Defendant Chandrakantaben (Def. No.6) asserted that the property had been gifted to her in 1946 and that she had acquired title by …
The appellants, manufacturers of metallic yarn, entered into a contract with the respondent that included clause 11 stating that any dispute would be subject to the jurisdiction of the Kaira court. The respondent sued the appellants in the Subordinate Judge's court at Salem for unpaid amounts and …
The appellant, I.T.C. Ltd., chartered two imported fishing trawlers from the respondents but later claimed the vessels were defective and that the charter party was void due to a mutual mistake about the refrigeration system and alleged violation of import licence conditions. The respondents filed …
The petitioner and respondent entered into a film distribution agreement on 19 March 1983 that contained an arbitration clause. On 11 March 1985 they executed a second agreement in which the respondent promised to pay Rs 6.5 lakhs and the petitioner would surrender his distribution rights, …
The appellants, sisters Smt. Sova Ray and others, sued for partition of family property claiming a one‑third share. The trial court granted the share and the parties later settled on a compromise whereby the defendant, their uncle Gostha Gopal Dey, would acquire half of their share (one‑sixth of the …
Continental Construction entered into a contract with the State of Madhya Pradesh for construction work and later claimed extra costs due to a rise in material and labour prices, alleging the State's delay in work allotment. The Superintending Engineer refused payment and declined to refer 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 …
The respondent sued for specific performance of a contract for sale of a house. The trial court decreed in his favour and the High Court affirmed. During the hearing of the Letters Patent Appeal, the parties orally agreed that the appellant would pay Rs.2,25,000 as full and final settlement, but the …
The Kerala Financial Corporation (KFC), a state corporation, obtained a decree against T.M. Hassan Rawther for default on a loan secured by a tea estate. After an unsuccessful court auction in 1969, KFC purchased the estate but could not take possession until 1982 due to a labour dispute. KFC then …
The appellant, Ajaib Singh, entered into a sale agreement with the respondents and paid the bulk of the purchase price, leaving only Rs.75 to be paid upon execution of title documents. The appellant took possession of the property in part performance, but the respondents failed to execute the title …
The respondents, subscribers to a Kuri (chit fund) in 1962, defaulted on instalment payments after receiving their prized amounts. Their bonds contained a clause that on default the entire balance would become immediately payable in a lump sum with 12% interest, without credit for any dividend. The …
The State of Karnataka entered into agreements with private contractors that contained Clause 12, which stipulated that any damages for breach of conditions would be assessed by the State and could be recovered as arrears of land revenue under the Revenue Recovery Act. After a contractor was found …
The Supreme Court considered two civil appeals where landlords sought to declare leases void because they were entered into without complying with clause 22 of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949. The Court held that such a lease, although inconsistent with …
The assessee paid Uttar Pradesh sales tax on forward contracts that were later held ultra vires by the Supreme Court in Sales Tax Officer, Pilibhit v. Budh Prakash Jai Prakash. After the decision, the assessee sought refund of the tax, but the Sales Tax Officer rejected the claim on the ground of …
The appellant, an occupant of two plots of land, had earlier contracted to purchase the land from the former Girasdar, whose agreement required the Girasdar to obtain permission to convert the agricultural land into a village site before a sale deed could be executed. The appellant later entered …
The Supreme Court examined whether the Central Inland Water Transport Corporation Ltd., a government‑owned company under section 617 of the Companies Act, qualifies as "the State" under Article 12 of the Constitution and whether clause (i) of Rule 9 in its service rules – which allows termination of …
The State Bank of India (SBI) extended a cash‑credit facility to Saksaria Sugar Mills Ltd., secured by an equitable mortgage of the mill’s goods and immovable property. When the mill defaulted, SBI sued the mill and its guarantors for Rs 54,89,822.99. During the suit, the Central Government took …
The wife, a Christian from the Khasi tribe and an Indian Foreign Service officer, married a Sikh husband under the Indian Christian Marriage Act, 1872. She filed a petition under the Indian Divorce Act, 1869 seeking a declaration of nullity or judicial separation on the ground of her husband's …
The Collector of Kanpur appointed a receiver over Swadeshi Cotton Mills Ltd. and ordered the seizure, attachment and pledge of its 10 lakh shares in Swadeshi Polytex Ltd. The Cotton Mills Company, together with four other shareholders, requisitioned an extraordinary general meeting of Polytex under …
The State of Haryana auctioned a licence to vend country liquor; the highest bidders, Lal Chand and others, were provisionally accepted but failed to deposit the required security and later argued that a neighbouring Punjab licence breached inter‑state conditions. The State re‑auctioned the licence …
Vallabh Glass Works Ltd. and others, manufacturers of various types of glass, challenged the levy of excise duty by the Central Excise Department under Item 23A(1) of the Central Excise & Salt Act, 1944, contending that their products were not "sheet glass" and should be taxed under the residual …
The plaintiff's motor car was damaged in an accident and, under the terms of his insurance policy, was taken to a repair workshop where the insurer approved the repair estimate and agreed to pay the charges. While in the workshop the car was destroyed by fire. The plaintiff sued the insurer claiming …
M.G. Brothers Lorry Service, a common carrier, failed to deliver a consignment of yarn entrusted by Prasad Textiles. The Way Bill governing the carriage contained Condition 15, which required any claim to be made in writing within 30 days of booking or arrival. Prasad Textiles gave notice of claim …
The Maharashtra State Electricity Board (MSEB) invited tenders for supply of goods, allowing exemption from earnest money upon furnishing a Rs 50,000 bank guarantee. Cochin Malleables (in liquidation) gave such a guarantee through Canara Bank. When the Board demanded payment of Rs 50,000, the …
The appellant, Pandurang Jivajirao Apte, was the garnishee of property attached before judgment in a suit filed by the deceased R. G. Ashtakar for recovery of dues. Apte sold the attached property to Madhusudan Vasudeo Bavdekar under Section 176 of the Indian Contract Act after giving notice, but …
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, …
The Superintendence Company employed the respondent as its New Delhi branch manager and inserted a clause prohibiting him from joining a competitor or starting a similar business for two years after he "leaves" the company. The company terminated his employment and he started a competing business. …
The Municipal Committee of Bahadurgarh had repeatedly promised that the Fateh Mandi would be exempt from octroi duty, a promise later withdrawn by the State of Haryana under its statutory powers. The petitioners, who bought plots in the market relying on the exemption, challenged the State's order …
The respondent, Mohd. Nizam, sent thirty value‑payable parcels from India to Pakistan in 1949. The addressees in Pakistan paid the amounts, but because the money‑order service between the two countries was suspended on 19‑September‑1949, the money was never transferred to India. Nizam sued the Union …
The Nizam's Jewellery Trust, created by the late Nizam of Hyderabad, authorized its trustees to sell jewellery at their discretion after a three‑year period. In 1978 the Board of Trustees resolved to sell 37 items, but only four of the five trustees opened the tenders and purportedly accepted bids …
