Judgments of 1980

The original owner, Nathi, held about 46 acres, exceeding the permissible 30 acres, and the Collector declared 6 acres and 8 standard units as surplus under the Punjab Security of Land Tenures Act, 1953, allotting them to other tenants. After Nathi's death, his widow Kela Devi and mother Manda, each inheriting half of …

The Indian and Eastern Newspaper Society, a registered society that owned a building with a hall and rooms let out for rent, had its income from these facilities assessed as business income for the years 1960‑61 to 1963‑64. During a departmental audit, the Income Tax Department’s internal audit unit opined that such re…

Rameshwar Prasad filed a writ petition under Article 32 challenging the Governor's order that superseded his promotion to Additional District Judge by promoting other subordinate judges. He contended that his unblemished judicial record warranted promotion and that the High Court's recommendation to exclude him violate…

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 without the Chairman’…

Rohtas was charged with murder under IPC s.302. The Sessions Judge, after evidence, realized Rohtas fell within the Haryana Children Act, 1974, and remitted the case to a magistrate to try him under that Act. The brother of the deceased filed a revision, and the Punjab and Haryana High Court held that the Criminal Proc…

In a money suit based on a mortgage, a consent decree was passed and the decree-holder assigned his interest to Mahadeo Prasad Tibrewalla. After part‑payment, one judgment‑debtor died and his heirs were substituted. A 1953 consent order quantified the debt and prescribed satisfaction by conveyance of mortgaged houses, …

The dispute concerned lands that were part of a Desgat estate held by two brothers, Narayanarao (elder) and Ramachandrarao (younger). In 1902 Narayanarao executed a deed (Exhibit 39) granting certain lands to Ramachandrarao for his maintenance and that of his male descendants. The plaintiffs, descendants of Narayanarao…

The case concerned the fixation of inter‑se seniority after the merger of Uttar Pradesh’s Provincial Medical Service (PMS) I and II into a single Pradeshik Medical Service. The appellants were direct recruits to PMS I appointed on a temporary basis before the merger, while the petitioners were officers promoted from th…

The petitioner, an Assistant Sub-Inspector of Police, was accused of subjecting a theft suspect to severe flagellation in police custody, resulting in the suspect's death by asphyxiation. The trial court convicted the petitioner under Section 302 of the Indian Penal Code for murder and sentenced him to life imprisonmen…

Som Nath was convicted of murdering his wife by burning her, based largely on three dying declarations made by the victim. He filed a Special Leave Petition challenging the admissibility and credibility of those declarations under Section 32 of the Indian Evidence Act. The Supreme Court held that dying declarations, be…

The appellants, sisters, filed a suit for partition and separate possession of their share in ancestral joint family property, alleging they were in joint possession. They paid court fee under Section 37(2) of the Tamil Nadu Court Fees and Suits Valuation Act. The trial court directed them to pay fee under Section 37(1…

Cement Marketing Co. of India Ltd. sold cement under the Cement Control Order, charging freight as part of a "free on rail destination" price that was paid by purchasers and deducted from invoices. The company omitted the freight amount from its sales‑tax returns, believing it was not part of the sale price. The Assist…

The Supreme Court entertained a writ petition under Article 32 challenging the detention of Shabir Ahmed Shah under Section 8(2) of the Jammu & Kashmir Public Safety Act, 1978. The petitioners argued that the grounds of detention were vague and did not fall within the statutory definitions of "acting in any manner prej…

Ganeshlal Jashraj was charged under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 for selling adulterated turmeric powder to a food inspector. He pleaded not guilty, but after the prosecution evidence closed he was examined under section 313 of the CrPC and, via plea‑bargaining, submitted an appl…

The petition challenged the constitutional validity of the Kerala Joint Hindu Family System (Abolition) Amendment Act, 1978, which omitted Sections 4 and 5 of the 1961 Valiamma Thampuram Kovilakam Estate and Palace Fund (Partition) Act and excluded civil‑court jurisdiction over partition of the Cochin royal estate. The…

The appellant, Mohan Singh, was accused of causing the disappearance of evidence under Section 201 of the Indian Penal Code after a murder was committed on 4 March 1978. The prosecution alleged that his car, used to transport the victim's body, was washed on 8 March 1978, and on that basis the Sessions Judge framed a c…

Six Reader posts in the English Department of Allahabad University were filled after a selection committee conducted viva voce interviews, although the statutory Ordinance 9(2) required only a first class or high second class Master's degree. Several applicants challenged the appointments, arguing that the interview pr…

The State Bank of Saurashtra extended a cash‑credit facility to Harilal Adatia on two securities: a pledge of 5,000 tins of groundnut oil and a personal guarantee by Chitranjan Rangnath Raja. The bank negligently lost the pledged oil tins while they were in its custody. After the principal debtor’s death, the bank sued…

Ramesh Kaushik, a life‑time inmate of Tihar Jail, filed a quasi‑habeas corpus petition under Article 32 alleging systematic torture, corruption, drug‑racketeering, sexual exploitation and class‑based privileges within the prison. The petition claimed violations of Articles 14, 19 and 21 of the Constitution and sought j…

The Rajasthan State Road Transport Corporation (RSRTC) was sued by passengers who lost limbs in a bus accident. The corporation argued that a sudden failure of the bus lights caused the crash and sought to avoid liability, also contesting the quantum of compensation awarded by the Accidents Claims Tribunal. The Supreme…

The petitioner was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He filed a representation on 27 September 1979, which the Government received on 28 September but rejected only on 3 November, creating a delay of over a month. The petitioner challen…

In 1967 the defendant agreed to sell his house to the plaintiff for Rs. 4 lakhs, subject to an equitable mortgage in favour of South Indian Bank. The trial court ordered specific performance, directing the plaintiff to deposit the mortgage amount with interest, but she failed to do so within the stipulated time and lat…

In 1967 the defendant agreed to sell his house to the plaintiff for Rs. 4 lakhs, subject to an equitable mortgage in favour of South Indian Bank. The trial court ordered specific performance, directing the plaintiff to deposit the mortgage amount with interest, but she failed to do so within the stipulated time and lat…

The petitioners, who were engineers and other staff employed for the Beas Project, challenged orders of retrenchment, claiming they were employees of the Central Government, governed by the Central Civil Services (Temporary Service) Rules, 1965, and entitled to quasi‑permanent status and transfer to the Bhakra Beas Man…

The petitioner, an under‑trial prisoner, complained that he was repeatedly handcuffed while being escorted between Tihar Jail and the court despite a trial‑court order prohibiting such treatment. He filed a writ of habeas corpus under Article 32, alleging violation of Articles 14, 19 and 21 of the Constitution and invo…

Santosh Gupta, a woman employee of State Bank of Patiala, was terminated on 21 August 1974 after failing a test required for confirmation. She contended that the termination amounted to "retrenchment" under Section 2(oo) of the Industrial Disputes Act, 1947, thereby invoking the procedural and compensation requirements…

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…

Ashok Kumar, a 19‑year‑old college student, was convicted of scooter theft (two years' imprisonment and a Rs.2,000 fine) and car theft (converted to an offence under Section 411 IPC, resulting in six months' imprisonment and a Rs.500 fine). He appealed solely on the sentence, arguing his youth and the time already serv…

The appellant, M. Ramakrishnan, married in June 1960 and later inherited agricultural land from his mother who died in April 1962. The land bequeathed to his wife, Devika, was treated as part of the family holding and a surplus land determination was made under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) …

The case concerned a family governed by the Madras Aliyasantana Act who filed a suit for partition of a Kutumba. Defendants 22, 23 and 24, all male Nissanthathi Kavarus, were allotted a joint share of the property. After the deaths of defendants 23 and 24, their representatives claimed a one‑third share of the joint al…

The landlords of a premises in Kirkee Cantonment sued the tenant for possession and rent under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The suit was decreed, appealed, and a compromise decree was entered on 12 July 1967 giving the tenant time to vacate. After the Supreme Court’s decision in In…

Himalayan Tiles & Marbles (P) Ltd., a private manufacturing company, sought acquisition of land for its business and the Government issued notifications under the Land Acquisition Act, 1894. The acquisition was challenged by the landowner on the ground that it was not a public purpose, leading a Single Judge of the Hig…

Nasir Ahmed challenged a notice issued under section 7 of the Administration of Evacuee Property Act, 1950, which declared him and his deceased brother evacuees. The notice, dated 11 March 1954, alleged they were evacuees under clause (iii) of section 2(d) but the subsequent declaration also invoked clauses (i) and (ii…

The petitioners, a minor represented by her guardian and father, sought admission to an MBBS course in Kerala, arguing that because she belonged to the backward Calicut district she should be treated as a Calicut University student and benefit from that university's quota. The State of Kerala allocated seats on a unive…

The University of Delhi reserved 70% of its 250 post‑graduate medical seats for its own graduates, denying admission to a Madras University graduate who had qualified in the entrance test. The petitioner challenged the rule under Articles 14, 15 and 16 of the Constitution, arguing it was discriminatory. The Supreme Cou…

The appeal concerned the validity of Section 60 of the Madras Cooperative Societies Act, 1932, which empowers the State Government to exempt a registered cooperative society from any provision of the Act or to modify its application. The Kerala High Court had struck down a notification issued under this provision on th…

The Commissioner of Income Tax cancelled assessments of National Taj Traders under section 33B(1) on the ground that the assessments were erroneous and prejudicial to revenue. The Appellate Tribunal vacated the Commissioner’s ex parte order and remanded the case for fresh assessment, directing that the assessee be give…

The State of Gujarat issued a Section 4 notification in 1960 indicating that certain land in Ahmedabad might be needed for a public purpose, followed by a Section 6 notification in 1961 to acquire the land at the expense of a cooperative housing society. The first notification was challenged on the ground that acquisit…

The Union of India, acting through the Railway Department, removed a railway inspector, Satish Chandra Sharma, for alleged misconduct and later ordered his reinstatement and back pay through an interim injunction. Sharma failed to comply with the injunction, prompting the trial court, under Order 39 Rule 2(3) of the CP…

The appellants, Mathadhipatis of several Mutts in South Kanara, challenged notices demanding contributions under the Madras Hindu Religious and Charitable Endowments Act, 1951 after the district was transferred to Mysore (Karnataka) by the States Reorganisation Act, 1956. They argued that the Mysore Government's notifi…

The appellants, customs officers, were accused of dishonest misappropriation of goods they had seized and were holding in trust. The Sub‑Divisional Magistrate found a prima facie case under Sections 120B and 409 IPC and summoned the appellants, who sought discharge on the ground that prosecution required prior sanction…

The appellants, three sons of the deceased Balwant Singh, sued respondent No.1, who claimed to be a fourth son, for a share of the estate. The civil court first hearing (Suit No. 41 of 1958) held it lacked jurisdiction and returned the plaint to the revenue court. The revenue court also declined jurisdiction, prompting…

Sitaram Kashiram Konda, a former employee of Pigment Cakes & Chemicals Mfg. Co., filed a suit seeking declaration of illegal dismissal, reinstatement, and compensation. The trial court held the matter was an industrial dispute beyond civil jurisdiction; the First Appellate Court reversed, deeming it civil. The Bombay H…

The Union of India appealed against R.B. Ch. Raghunath Singh & Co. under the Arbitration Act, 1940, seeking appointment of an arbitrator after the designated Director of Storage post was abolished and the Chief Commissioner refused to act. The issue was whether the court could fill the vacancy under Section 8(1)(b) of …

Sri Nand Singh applied for exemption from motor vehicle tax under Section 15 of the U.P. Motor Vehicles Taxation Act. The Taxation Officer rejected his application by a letter dated 20 October 1964, which was communicated through the Regional Transport Authority and received by the respondent on 29 October 1964. The qu…

The Assistant Collector of Central Excise filed a Special Leave Petition challenging a Punjab and Haryana High Court order that granted relief under Article 226 of the Constitution despite the existence of a statutory remedy under the Central Excise Act. The Supreme Court examined whether the High Court had erred in ex…

The Supreme Court reviewed a petition by the Palace Administration Board challenging its earlier order on the partition of the Cochin royal family's assets. The Board sought clarification on three points: whether the Kerala Joint Hindu Family System (Abolition) Act, 1975 applied to the royal family, whether the Board w…

Dr. Rajendra Prakash Sharma claimed title to a house he purchased under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, asserting that it had been declared evacuee property and that the sale was valid. The respondents argued that no declaration under Section 7 of the Administration of Evacuee Propert…

Mrs. Frances Coralie Mullin, a British national, was detained on 23 November 1979 under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. She filed a writ petition under Article 32 alleging that her right to make a representation under Article 22(5) was violated because the represen…

Mantoo Majumdar and Basdev Singh were detained for over seven years in Bihar prisons on the basis of alleged involvement in 1971-72 offences, without any charge sheet or completed investigation. They filed a habeas corpus petition under Article 32 of the Constitution challenging the legality of their continued detentio…

The Tulsipur Sugar Co. Ltd., whose factory lay in Shitlapur village, was brought within the jurisdiction of the Tulsipur Town Area Committee by a 1955 notification under Section 3 of the U.P. Town Area Act. Later, octroi was levied on goods entering the factory through a draft (Oct 1959) and final (Dec 1959) notificati…

Karappan, a Hindu father, executed a registered deed (Ext. P‑1) describing the distribution of his property among his two wives, their children and his father's second wife. After his death, Kallyani, the widow of his son Raman, sued for partition and a one‑fourth share in the properties listed in Schedule A, B and C. …

Meet Singh was convicted under Section 161 of the IPC and Section 5(2) of the Prevention of Corruption Act, 1947 and sentenced to one year rigorous imprisonment on each count, to run concurrently, together with a fine. The Punjab & Haryana High Court, while upholding the conviction, reduced the imprisonment term to the…

The appellants, film producers of "Satyan, Shivam, Sundaram", were summoned by a Metropolitan Magistrate under sections 292, 293 and 34 of the IPC after a complaint alleging obscenity. They challenged the summons before the Delhi High Court under section 482 of the Criminal Procedure Code, but the High Court treated th…

The Enforcement Directorate imposed a Rs. 3 lakh penalty on two exporters for over‑invoicing export values to obtain import licences under an export promotion scheme. The exporters pleaded guilty and challenged the penalty before the High Court, which held that Section 12(2)(b) of the Foreign Exchange Regulation Act, 1…

The petitioners, appointed as Temporary Assistant Engineers between 1955 and 1964 under a special scheme, claimed they were members of the Indian Railway Service of Engineers (IRSE) Class I and were entitled to promotion under Rule 133(3)(c) and equal treatment under Articles 14 and 16 of the Constitution. The Railway …

Sunil Kumar Banerjee, an IAS officer, was subjected to a disciplinary enquiry under Rule 8 of the All India Services (Discipline and Appeal) Rules, 1969. The Commissioner for Departmental Enquiries, Vigilance Commission, West Bengal acted as the Enquiry Officer and recommended reduction in rank. The appellant challenge…

Two government servants, including K.R. Tahiliani, were compulsorily retired under Rule 56(j)(i) of the Fundamental Rules after turning 50 while serving in an officiating capacity in Class I or Class II posts. They challenged the retirements through petitions under Article 226, and the Union appealed to the Supreme Cou…

The State of Punjab sought to acquire land for a grain market, initially notifying the land of respondents 1‑21 in 1969, later withdrawing it, and re‑notifying in 1971. The High Court struck down that acquisition as mala fide. The State then re‑initiated acquisition using the emergency provisions of Section 17 of the L…

Syad Akbar, a bus driver, was convicted under Section 304A IPC for the death of a four‑year‑old girl who was struck when he swerved his bus to avoid her. The prosecution’s eye‑witnesses were treated as hostile and their testimony was discarded by the trial court. On appeal, the Supreme Court held that hostile witnesses…

The case concerned the auction of 78 arrack‑shops in Hyderabad and Secunderabad under the Andhra Pradesh Excise (Lease of Right to Sell Liquor in Retail) Rules, 1969. The Collector, acting as auctioning authority, first auctioned the shops individually, then in two groups, and finally as a single lot, contrary to the p…

The Supreme Court examined the Uttar Pradesh Krishi Utpadan Mandi Act and its 1965 Rules concerning the declaration of market areas, the constitution of market committees, and the levy of market fees on agricultural produce. Traders challenged the validity of declaring large geographic areas as market areas, the legali…

The original owners of a plot in Saharanpur granted a permanent, transferable lease to Patel Mills Ltd. The company went into voluntary liquidation and its liquidator sold the lease‑hold interest to Benaras Bank Ltd., after which the company was dissolved under the Companies Act, 1913. The bank later entered liquidatio…

The case concerned the validity of the Survey of India (Recruitment from Corps of Engineer Officers) Rules, 1950, which gave seniority and promotional advantages to army engineers over civilian recruits. Civilian officers challenged the rules as violative of Articles 14 and 16 of the Constitution, and the Andhra Prades…

The appellant, a granddaughter of a non‑redeeming co‑mortgagor, sued for partition and possession of her one‑half share of mortgaged property that had been fully redeemed by the father of the respondents between 1913‑1918. The trial court held the suit was not barred by limitation, but the High Court reversed, applying…

The petitioner, Devki alias Kala, was convicted under Sections 366 and 368 of the Indian Penal Code for abducting, seducing, and selling a 17‑year‑old girl. The High Court upheld the conviction under Section 366 and set aside the conviction under Section 368, imposing three years of rigorous imprisonment. The petitione…

The appellant challenged a notification issued under Section 4 of the Land Acquisition Act, 1894 that directed the Governor to exercise power under Section 17(4) on the ground of urgency and to dispense with the provisions of Section 5A (Section SA). The Supreme Court examined whether the conditions for invoking Sectio…

The State of West Bengal sought to acquire 73 acres of land for Calcutta Mineral Supply Company, which manufactured chemicals that saved foreign exchange. The acquisition was initiated in 1954 and completed in 1957, before the 1962 amendment to the Land Acquisition Act. The High Court quashed the acquisition, but the S…

The dispute concerned lands in Chittoor district that were transferred to Andhra Pradesh but remained governed by the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948. After the Act, a Settlement Officer awarded a ryotwari patta to Challamma, the plaintiff, while the land had earlier been sold to Pocha…

The State of Delhi filed a complaint under the Prevention of Food Adulteration Act, 1954 alleging that groundnut oil sold by Ahmed Oomer Bhoy's Delhi branch was adulterated. The complaint named the manufacturers, distributors, retailer, the person nominated under s.17(2) as responsible, and the two sales managers of th…

The Tamil Nadu Government, after successive takeovers of Panchayat and District Board schools, created two separate wings ('A' for Government schools and 'B' for former District Board schools) within its Educational Subordinate Service. Petitioners challenged a 1978 Government Order (GO No. 1968) that integrated the wi…

Banwarilal claimed to be the adopted son of Govind Ram and sought to inherit properties bequeathed to him in two wills, while Tirlok Chand contested the adoption and the validity of the wills. The trial court and the first appellate court held the wills valid and accepted the adoption based solely on the recital in the…

The State of West Bengal appealed the discharge of four licensed gun dealers who had handed firearms to an unlicensed mechanic for repair at his own workshop. The Supreme Court examined whether such hand‑over amounted to delivery of "possession" under Section 29(b) of the Arms Act, 1959, and whether it violated licence…

The landlady sought eviction of her tenant under the Tamil Nadu Building (Lease and Rent Control) Act on the ground of personal necessity. The Rent Controller dismissed the application; the appellate court held that personal necessity existed but required a notice to quit under Section 106 of the Transfer of Property A…

K. M. Chokshi was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and filed a writ of habeas corpus. The Gujarat High Court rejected his petition and certified a substantial question: whether a detaining authority must consider the possibility of a criminal prosecuti…

Organo Chemical Industries failed to remit provident‑fund and family‑pension contributions and was assessed damages of Rs 94,996.80 under s. 14B of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952. The petitioners challenged the provision on the ground that it violated Art. 14 by giving the Regional…

Razia Umar Bakshi was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) by the Gujarat Government. The detention order and its grounds were written in English, a language she did not understand, and no translation or explanation in a language she k…

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 examined five appeals filed by cooperative sugar factories challenging the levy of a sugarcane cess imposed under the Bombay Sugarcane Cess Act, 1948, which had been declared unconstitutional, and the subsequent Sugarcane Cess (Validation) Act, 1961. The appellants argued that the Central Act merely v…

Abdul Qadir bought a house in 1948, which was later declared evacuee property in 1951 despite neither he nor the seller being evacuees. He applied under Section 16 of the Administration of Evacuee Property Act, 1950 and obtained a restoration certificate on 27‑10‑1956, issued under the pre‑amendment procedure. The Assi…

Sharif Alimed was convicted under sections 7 and 16 of the Prevention of Food Adulteration Act for mixing a prohibited coal‑tar dye with powdered chillies. The Allahabad High Court reduced his sentence on the ground that the Public Analyst's report did not specifically state that the colour was injurious to human life.…

G.R. Luthra and D.R. Khanna were recruited to the Punjab Judicial Service in 1950, Luthra securing a higher rank and a permanent post while Khanna obtained a lower rank and a temporary post. After the creation of Haryana and the Delhi High Court, both officers continued serving in Delhi and were placed senior to Khanna…

The petitioner, a direct recruit Joint Commercial Tax Officer (JCTO) appointed in 1966, challenged a fresh combined inter‑se seniority list prepared by the Government in 1977 which placed him below a transferee recruit in the 1967 list. The High Court had earlier quashed the original seniority list and directed a fresh…

The State of Gujarat, through the Ahmedabad Municipal Corporation, issued a notice under Section 233 of the Gujarat Municipality Act to evict Patel Bava Karsan from a piece of municipal land on the ground of unauthorized occupation. The respondent challenged the notice invoking Articles 14 and 19 of the Constitution, a…

The mortgagor Parisa Chougule executed two possessory mortgages in favour of Ganesh Dattatraya Kulkarni and later a simple mortgage. After his death, his adult son Bhupal, acting as manager and guardian, sold four of the ten mortgaged lands to the mortgagee for Rs.3050, the amount largely covering the mortgage debts. T…

The case concerned a suit for possession of a house in Bikaner, claimed by Bhim Singh and Himmat Singh (plaintiffs) on the basis of a patta issued in their names, while the defendant Kan Singh asserted ownership as a surviving coparcener and alleged the transaction was benami. The trial court held the plaintiffs were o…

Northern India Caterers (India) Ltd., which runs a hotel and restaurant, challenged a Delhi sales‑tax assessment on the ground that meals served to casual diners were taxable as a sale. The Supreme Court had earlier held that such service was not a sale because diners could not take away unconsumed food and the transac…

The case concerned a dispute over a house in Varanasi claimed to be property of the Garwaghat Math, a religious institution of the Sant Mat Sampradaya. The appellant argued that the plaintiff, a Sudra, could not be ordained as a sanyasi or mahant and that the house was his personal inheritance, not Math property. The C…

The respondent, a retired Air Force officer who had been re‑employed and transferred to the Regular Air Force Reserve and subsequently to the Auxiliary Air Force, was charged under section 5(2) of the Prevention of Corruption Act for offences alleged to have occurred between March 1965 and March 1967. He moved to have …

The petitioners, allottees of Middle‑Income Group flats constructed by the Delhi Development Authority (DDA), challenged the levy of a surcharge added to the purchase price, alleging it violated Article 14’s equality clause and the DDA’s statutory ‘no‑profit‑no‑loss’ policy. They also contended that the Supreme Court c…

The State of Uttar Pradesh sued Kishori Lal for the shortfall of Rs 20,100 that arose when the excise licences he won at a public auction were resold at a lower price because he failed to deposit one‑sixth of the bid amount as required by the Excise Rules. The respondent argued that no contract was completed under Arti…

Murari Lal was convicted of murder and related offences on the basis of two key pieces of evidence: a wrist‑watch belonging to the deceased recovered at his instance, and a handwritten note found beside the dead body that a handwriting expert identified as being written by the appellant. The appellant contended that th…

The appellant, a tenant of a shop owned by Sher Singh, was served with an ejectment application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for alleged arrears of rent. The tenant deposited the full arrears, interest and costs with the Rent Controller on 4 May 1967, a week before the first hear…

The petitioners, residents of a locality, claimed that they were denied a hearing when the State Government granted a quasi‑permanent cinema licence to the third respondent, alleging a breach of natural justice. The dispute arose after the District Magistrate, acting as licensing authority, refused to renew a temporary…

The Supreme Court examined the Kerala Building Tax Act, 1975, which imposed a non‑recurring tax on buildings based on a "capital value" calculated as sixteen times the building's annual value. The petitioners challenged the Act on four grounds: (1) it was beyond the State's legislative competence because it taxed the c…

The respondents won the auction for a retail liquor vend in March 1967, paid a security deposit and began operations, but failed to pay the first two instalments of the licence fee, leading to cancellation of their licence and a re‑auction of the vend at a much lower price. The respondents filed writ petitions challeng…

Bai Dosabhai, who had received two plots of land as a gift, executed a deed of lease in 1946 granting the lessee (Indu Prasad Dev Shankar Bhatt and successors) a right to purchase the land within seven years for a stipulated price, with provisions for rent, default, and sale by public auction. After repeated notices fo…

The petitioner, N.K. V. Bros (P) Ltd., owned a stage carriage that, after nightfall, struck an over‑hanging high‑tension wire, killing eight passengers and injuring many others. The driver was tried under IPC s.304A but was acquitted on the ground that the accident was an act of God. The Accident Claims Tribunal, apply…

Pradesh Kumar Bajpai, the landlord, sued Binod Behari Sarkar for eviction, arrears of rent and mesne profits. The tenant argued that, despite the Uttar Pradesh (Temporary) Control of Rent and Eviction Act being applicable, he was entitled to the relief under Section 114 of the Transfer of Property Act, which would allo…

The appellant, editor of the magazine 'Mother India', was convicted under Section 153A of the Indian Penal Code for two articles titled 'A Tale of Two Communalisms' and 'Lingering Disgrace of History'. He argued that the articles were political theses and historical protests, not attacks on any religion, and thus could…

Harish Chandra Nigam and Amar Singh were allotted industrial plots on a provisional basis in 1956, but the provisional allotments were cancelled in 1962. Before eviction could be effected, the District Magistrate requisitioned the plots under section 29 of the Defence of India Act, 1962, and took possession from the ap…

The appellant, D.D. Mehta, a government servant appointed by the Comptroller & Auditor General, was compulsorily retired under Rule 56(j) of the Fundamental Rules by an order issued by the Director of Commercial Audit. The issue before the Supreme Court was whether the Director of Commercial Audit was a competent autho…

Sunil Batra, a death‑row convict, wrote to the Supreme Court alleging that another prisoner, Prem Chand, had been brutally tortured by a warder in Tihar Jail to extort money. The Court, acting on a habeas corpus petition under Article 32, appointed amicus curiae who verified the injury and the attempts to conceal it. T…

The Supreme Court considered three appeals challenging house‑tax assessments of buildings that were subject to the Delhi Rent Control Act, 1958, but for which no standard rent had been fixed. The revenue argued that the landlord could reasonably expect to receive the contractual rent and that this should determine the …

ICE & GENERAL MILLS, a potato manufacturing and cold‑storage firm, was assessed for the year 1961‑62. The Income‑Tax Officer, under section 34(1) of the Income Tax Act, 1922, initiated reassessment proceedings and in 1965 ordered tax on Rs 1,00,000 of alleged benami income, but the order was annulled in 1967. The depar…

Woomesh Chandra Banerjee executed a deed of trust in 1939 transferring all his properties to a trust that allocated one‑half of the income for religious purposes and the other half for family expenses. After his death his son, the deceased, became trustee. Upon the son’s death, the question arose whether the trust prop…

M. P. Sinha, the Government Pleader for Patna district, was authorized to represent the State in all civil matters. When the Bihar Government appointed nine Assistant Government Pleaders and assigned a large batch of land‑acquisition cases to one of them, Sinha refused to hand over the briefs, claiming an exclusive rig…

The Supreme Court examined the validity of the Uttar Pradesh Sugarcane Purchase Tax Act, 1961, which imposed a tax of Rs.1.25 paise per quintal on sugarcane purchased by factories and 50 paise per quintal on khandsari units. The petitioners argued that the Act was ultra‑vires because sugarcane is a raw material for a "…

The widowed Bishan Devi and her four minor children claimed Rs.50,000 as compensation for the death of the husband, who was run over by a truck allegedly driven in a rash manner. The truck’s owner and the insurer contended that the vehicle had been stolen and was driven by an unlicensed, unauthorized driver, invoking S…

Ramchandra A. Kamat was detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and arrested on 5 September 1979. He sought to make a representation against his detention but was denied copies of the statements and documents referred to in the grounds of dete…

The petitioner’s brother was detained on 31 August 1979 under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). He made two representations to the Central Government, invoking section 11 of the Act for revocation of the detention, but the detaining authori…

The Supreme Court dismissed a Special Leave Petition filed by Vasant Narayan Pawar, who was convicted for allegedly burning his wife to death. The petitioner argued that the dying declaration of the victim, in which she said her husband should not be beaten even as she was dying, should exonerate him under Section 32 o…

The State of Uttar Pradesh levied a vend fee on the wholesale sale of denatured spirit and sought to validate the levy through the Uttar Pradesh Excise (Amendment) Act, 1972 and its 1976 re‑enactment. Licensees challenged the fee, arguing that the State lacked legislative competence, that the fee was an excise duty pro…

Mani Subrat Jain, an advocate, was a tenant of a building owned by Raja Ram Vohra. The landlord sued for possession and the parties entered a compromise whereby Jain agreed to vacate by a specified date, and a decree for possession was passed on 9‑Oct‑1972. The East Punjab Urban Rent Restriction Act, 1949 was extended …

Gujarat Steel Tubes Ltd. and its workers' union, Gujarat Steel Tubes Mazdoor Sabha, clashed after the company terminated 853 employees during an illegal strike. The dispute was referred to arbitration under Section 10A of the Industrial Disputes Act, 1947, and the arbitrator upheld the dismissals. The union challenged …

The Surat Art Silk Manufacturers Association, an incorporated company, was set up to promote commerce and trade in art silk yarn and cloth and to obtain import and export licences for its members. It earned income from member subscriptions, commissions on licences, and rent from a building it constructed. The Revenue r…

The case involved Malabar Fisheries Co., a partnership dissolved in 1963, which had claimed development rebate under section 33 of the Income‑Tax Act for machinery installed before dissolution. The Income‑Tax Officer withdrew the rebate under section 34(3)(b) and section 155(5), contending that the distribution of the …

Ukhara Estate Zamindaries (Pvt.) Ltd. was incorporated to take over a zamindari estate and issue shares to the lessors. It granted long‑term sub‑leases of coal‑bearing lands to collieries, receiving salami, premium and compensation for compulsory acquisitions. The Income‑Tax Officer treated these receipts as business i…

Alagappa Textile (Cochin) Ltd. entered into a five‑year financing and management agreement with Kamala Mills Ltd., under which Kamala Mills received remuneration for purchases, sales and management of the mill. The assessee claimed the remuneration as a deductible business expense under section 10(2)(xv) of the Income‑…

The Supreme Court examined the compulsory retirement of M.E. Reddy, a senior IPS officer, ordered under Rule 16(3) of the All India Services (Death‑cum‑Retirement) Rules, 1958. Reddy challenged the order, alleging it violated Article 311(2) of the Constitution, was arbitrary, mala fide and denied natural‑justice safegu…

The appellant, Dr. N.C. Shinghal, a senior ophthalmologist, claimed that he should have been promoted to Supertime Grade II on 18 February 1971 when a vacancy was created by converting an unspecified specialist post at Willingdon Hospital, and that the subsequent promotion of other doctors (respondents 4‑24) violated R…

The Kerala State medical colleges reserved 2% of post‑graduate ophthalmology seats for candidates from outside the state, and allowed extra marks for diploma holders even when diploma certificates were not attached to the application. The High Court struck down the 2% reservation and quashed admissions based on diploma…

The State of Uttar Pradesh investigated Ram Babu Misra for offences under Sections 120‑B, 420, 468 and 471 IPC and asked the Chief Judicial Magistrate to order the accused to provide a specimen writing for comparison with disputed documents. The magistrate refused, holding that Section 73 of the Evidence Act did not em…

The case concerned K.S. Rathnaswamy, a Ceylon citizen who owned a share in a joint family house in Tamil Nadu but spent most of his time in Ceylon. He filed income‑tax returns claiming resident status, while the Revenue argued he was a non‑resident because he neither maintained nor had a dwelling place in India under S…

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 of India for the su…

The ex‑Zamindars of a village claimed that lands given on Theka to the respondents in 1948 became their exclusive Sir and Khudkasht and should be recorded as Bhoomidars after the Zamindari vested under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. The respondents contended that they had become Sirda…

The petitioners, office bearers of a charitable Sabha, challenged a search warrant issued under Section 93(1)(c) of the Code of Criminal Procedure, 1973, on the ground that it violated the constitutional protection against self‑incrimination under Article 20(3). The Supreme Court examined whether a general search of pr…

The Karnataka Government promulgated the Contract Carriages (Acquisition) Ordinance, 1976 which provided that certain employees of contract carriage operators would be automatically absorbed into the Karnataka State Road Transport Corporation (KSRTC) at a ratio of 7.9 per vehicle. The Ordinance was later repealed and r…

Sabir Ahmed filed a writ petition under Article 32 challenging the detention of his brother, Dawood Hasan Sheikh Ibrahim, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The detenu had made a representation to the detaining authority and later applied to the Centr…

Miss C. B. Muthamma, a senior Indian Foreign Service officer, challenged her denial of promotion on the grounds that two service rules discriminated against women. She argued that Rule 8(2) required women to obtain government permission before marriage and allowed forced resignation, while Rule 18(4) barred married wom…

The petitioners, former proprietary jagirdars of Idar State, claimed that after the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 they became occupants of their lands and were therefore entitled to the forest trees standing there. The High Court had held that, because no survey settlement under the B…

D.D. Suri, an emergency recruit from the open market, was appointed to the Indian Administrative Service (IAS) in 1950 and was assigned a year of allotment of 1944 by the Government of India, affecting his seniority. He sought a higher year of allotment (1942), additional pay for holding two posts simultaneously, and p…

Krishna Kumar was appointed as a Train Lighting Inspector by the Chief Electrical Engineer on 11 July 1974. He was removed from service on 31 August 1976 by the Divisional Assistant Electrical Engineer, who was subordinate to the Chief Electrical Engineer. Kumar challenged the removal in a writ petition, which the Bomb…

The plaintiff, an intermediary landlord, sued the respondents, tenants‑at‑will, for possession of agricultural land after a notification under Section 3 of the Bihar Land Reforms Act, 1950 had vested the plaintiff's estate in the State. The trial court held the plaintiff was in "khas" possession and could evict; the Hi…

The appellant was appointed as a temporary Inspector of Central Excise on the basis that he was a sportsman who had represented his university in an Inter‑University Tournament. He had qualified and been selected to represent Mithila University in the 1972 tournament but was unable to participate due to a serious illne…

The petitioners, candidates from the Hindi belt, challenged a 1979 notification that exempted candidates from the North Eastern States and Union Territories (Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland) from taking Paper I on Indian Languages in the Civil Services Examination, alleging discrimination and v…

Meharban Singh and others had mortgaged their khud‑kasht land to Munshi Singh under a usufructuary mortgage. After the Madhya Bharat Zamindari Abolition Act, 1951 came into force, the proprietors' rights vested in the State, but section 4(2) allowed a proprietor to retain possession of land recorded as khud‑kasht befor…

The appellants were convicted of murder under sections 302 and 149 of the IPC based primarily on a dying declaration made by the victim Antarjami to a doctor. The trial court had acquitted them, rejecting the dying declaration as unreliable and finding the eye‑witnesses unreliable. The High Court reversed the acquittal…

Amritlal Ratilal Mehta and Gajanan Gandhi, employees of a private firm, were charged with cheating the Central Excise Department by making false entries in gate passes. They were tried for offences under IPC s.420 read with s.34 (cheating) and s.477‑A read with s.34 (false entry). The magistrate acquitted them of s.420…

The Supreme Court examined whether the Hydel Upper Bari Doab Construction Project, undertaken by the Punjab Hydel Department, qualified as an "establishment" under Section 1(3)(b) of the Payment of Gratuity Act, 1972, and whether the retrenchment of its workers entitled them to gratuity. It held that the project fell w…

The plaintiff, a landlady, leased premises to the defendant for the business of retreading tyres at a rent of Rs.850 per annum. When the defendant defaulted on rent, the plaintiff served a 30‑day notice to terminate the tenancy. The defendant contended that the lease was for "manufacturing purposes" under Section 106 o…

A landlady repeatedly let her premises to a tenant for residential purposes under Section 21 of the Delhi Rent Control Act, 1958, obtaining the Controller's sanction each time. When the lease expired, she sought summary eviction via an execution petition, which the Controller rejected on the ground that the petition om…

The Supreme Court dismissed a Special Leave Petition filed by Dharmabir and another appellant challenging their conviction for murder under Section 302 of the Indian Penal Code and the imposition of life imprisonment. While upholding the conviction and sentence as beyond judicial interference, the Court expressed conce…

Aladankandu Puthiyapurayil Abdulla filed a Special Leave Petition before the Supreme Court challenging the delay in his trial for alleged food adulteration offences under the Prevention of Food Adulteration Act. The alleged incident occurred in 1972, but the trial was not conducted until 1977, causing prejudice to the …

The widowed appellant and her daughter claimed arrears of salary for their deceased husband, a tubewell technician who was illegally dismissed in 1954 and later reinstated by the Superintending Engineer in 1955. The trial court and first appellate court held that the employee was entitled to full salary for the period …

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 imposing octroi, argu…

The Supreme Court examined the dismissal of V.N. Vajpayee, a warehouseman employed by the Uttar Pradesh State Warehousing Corporation, a statutory corporation. Vajpayee was dismissed after a preliminary inquiry without being allowed to cross‑examine witnesses or present defence, and was also ordered to pay a sum for al…

Six lecturers and teachers employed by the Municipal Council of Sagar were transferred by the State Government to schools under another municipal council under the power granted by section 94(7) of the Madhya Pradesh Municipalities Act, 1961. They challenged the transfers, arguing that the statute only permitted transf…

The testator, Pyare Lal Singh Bhatia, executed a will in 1944 leaving a life interest in his property to his second wife Lakshmi Devi and, after her death, to his son Om Prakash. The will also expressly denied any right to the property for the widow and daughters of his pre‑deceased son, while providing for their maint…

The State of Tamil Nadu appealed the acquittal of R. Krishnamurthy, who had sold gingelly oil adulterated with 15% groundnut oil and claimed it was for external use only. The trial court convicted him under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, but the Sessions Judge and High Court acqui…

Ram Deo, the tenant, entered into a compromise agreement on 13 June 1960 to pay Rs.600 of pre‑agreement rent arrears in monthly instalments of Rs.25 each, alongside Rs.25 of current rent. He later fell into arrears and the landlord, Umrao Singh, served a notice demanding Rs.150, of which Rs.75 represented three months'…

The Supreme Court examined whether ornaments and other gold articles purchased by G.S. Pai & Co. for melting qualified as "bullion and specie" under Entry 56 of the Kerala General Sales Tax Act, 1963, and whether the GI pipes sold by the company fell within "water supply and sanitary fittings" under Entry 26A. The Cour…

The Managing Director of R.K.V. Motors & Timber Ltd withdrew sums which the Income Tax Officer treated as dividend under section 2(6A)(e) of the Income Tax Act, 1922. The dispute centered on whether "accumulated profits" for dividend liability includes the company's current year profits and whether tax and dividend pro…

The appellant, a temporary Sub‑Inspector of Police, was removed from service after his name was placed on a list of officers of low reputation during a police‑wide purge. He had earlier faced disciplinary proceedings for a second marriage, which were quashed. He challenged the termination as a punitive dismissal violat…

The Coffee Board conducts export auctions of coffee and requires registered exporters to furnish security deposits and, under a 1977 circular, contingency deposits or bank guarantees equal to the sales tax that would have been payable despite the exemption granted by Section 5(3) of the Central Sales Tax Act, 1956. The…

Hazari Lal, a police constable, demanded a Rs.60 bribe for releasing the complainant's scooter rickshaw. The complainant reported the demand to the Anti‑Corruption Department, where an inspector set a trap by marking six currency notes with phenol‑phthalene powder and handing them to the complainant, who passed them to…

The appellants, former zamindars, had granted two Thekas (leases) to the respondents in 1933 and 1943, permitting the lease‑holders to remain in possession, sublet, and collect government revenue. The dispute centered on whether the respondents qualified as hereditary tenants under Section 12 of the Uttar Pradesh Zamin…

Grindlays Bank, a UK‑incorporated banking company operating in India, filed its income‑tax return for AY 1972‑73. The Income‑Tax Officer issued a notice under s.142(1) demanding documents, which the bank contested before the Calcutta High Court under Art.226. The High Court, after a series of stays, directed the bank t…

The producer of the film "Satyam Shivam Sundaram" was prosecuted under Section 292 of the Indian Penal Code for alleged obscenity after a complaint was filed. The film had been granted an "A" certificate for public exhibition by the Central Board of Film Censors under Section 5A of the Cinematograph Act, 1952. The prod…

The accused were convicted under sections 304 Part I read with 149 IPC and sentenced to imprisonment. They filed an appeal under section 377 CrPC against their conviction and sentence, while the State filed an appeal under section 302 IPC and a revision petition under section 401 CrPC seeking enhancement of the sentenc…

Biswabani Pvt. Ltd. occupied Kalpana Theatre under a registered lease (1948‑53) and later under a consent decree that attempted to create a fresh five‑year lease starting March 1955. The fresh lease was not registered, rendering it void under the Transfer of Property Act. After the five‑year period expired in February …

Dr. Md. S. Iskender Ali was appointed as a temporary medical officer in the Oil and Natural Gas Commission on a one‑year probation that could be extended at the authority's discretion. During his probation a departmental enquiry was initiated for alleged negligence, but it was not pursued and no punishment was imposed.…

The appellant sought compensation for land acquired by the State of Bihar and was awarded Rs. 20,231.67, which he contested as being far below the market value of Rs. 2,80,000. The matter was referred to a three‑member arbitration board, which confirmed the compensation award. The appellant unsuccessfully moved the Dis…

Uttam Chand filed a return showing 370 acres of land, but claimed that a 1956 partition gave him 202 acres, after which he transferred 51 acres and gave some land to his adopted son, who later transferred 93.25 acres to Chand's wife. All these transactions occurred before the Maharashtra Agricultural Lands (Ceiling of …

Kalyanji Mavji & Co., a coal mining firm, owned several collieries, one of which (South Samia Colliery) was requisitioned by the military from 1942 to 1955. During the occupation the firm paid surface rent, royalty and watch‑ward salaries, which were allowed as business expenses. After the colliery was derequisitioned,…

The appellants Dhanabal and his brother were convicted of murder under IPC s.302 read with s.149 for the killing of their sister‑in‑law Rasayal. The conviction relied heavily on the testimony of PW‑1, 2, 3 and 5, whose statements were recorded in the committal court, later transcribed under CrPC s.288 and, for some, al…

The respondent, a motor vehicle dealer from Tamil Nadu, transported new cars and chassis through the State of Mysore en route to other states, covering about 400 miles and making brief halts. The Mysore Road Transport Authority demanded road tax under Section 3(2) of the Mysore Motor Vehicles Taxation Act, 1957, which …

A First Information Report alleging fraud by TISCO against the railways led to a criminal case registered at Tatanagar. After the railway police filed a final report under section 173(2) of the CrPC, the State of Bihar, through the Chief Secretary and Chief Minister, directed the Inspector General (Vigilance) to conduc…

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 appellant Mathuralal disputed a house with Bhanwarlal, prompting the Sub‑Divisional Magistrate to issue a preliminary order under s.145(1) CrPC 1973 and subsequently attach the property under s.146(1) on the ground of emergency. The appellant contended that once the attachment was made, the magistrate lost jurisdic…

Carew & Co. Ltd., an Indian resident company, earned income from business in India, a manufacturing business in Pakistan and incurred a loss from agricultural property in Pakistan for the assessment year 1956-57. The Income‑Tax Officer allowed a set‑off of the agricultural loss against the Pakistani manufacturing profi…

The Supreme Court examined the constitutional validity of the Uttar Pradesh High Court (Abolition of Letters Patent Appeals) Act, 1962 and its 1972 amendment, holding that neither statute is unconstitutional. Relying on precedents such as State of Bombay v. Narothamdas, Union of India v. Mahindra Supply Co., and Ram Ad…

A Hindu undivided family transferred its business to a partnership firm, which debited construction costs to the accounts of the four co‑owners. The partnership firm appealed assessments that added concealed income, and the Appellate Assistant Commissioner held that the firm was not the owner of the properties, deletin…

The accused were charged under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 for adulterating turmeric powder. After the prosecution presented some evidence, a plea‑bargaining arrangement was reached among the prosecution, the defence and the magistrate, leading the accused to…

The Nadiad Borough Municipality entered a 20‑year electricity supply agreement with Nadiad Electric Co. Ltd. in 1940. When the agreement expired in August 1960, the company refused to continue supply at the original rates, offering only revised rates. The municipality sued for a declaration that, under Section 22‑A(3) …

Harjit Singh Mann challenged the election of S. Umrao Singh on three grounds: the alleged late filing of his nomination paper, failure to make the required oath, and alleged bribery by the respondent. The Supreme Court held that the nomination paper was filed after the statutory deadline of 3 p.m., a mandatory defect u…

The appellant, Sharif‑ud‑Din, filed an election petition challenging the election of Abdul Gani from the Handwara constituency. The petition was dismissed by the Jammu & Kashmir High Court because the copies of the petition were attested by the appellant’s advocate, Piyare Lal Handoo, rather than by the appellant himse…

The Supreme Court examined appeals by several accused convicted under IPC s.302 read with s.149 and s.325 for a murder. The High Court had reduced both convictions and sentences, but the appellants challenged the convictions and argued that the sentences were excessive. The Court held that, under Article 136, it would …

Advan Oorlikon (P) Ltd., a sole selling agent for welding electrodes, sold goods to retailers at a catalogue price less a trade discount. For the assessment year 1971-72 it computed its inter‑state turnover as Rs 8,71,624 after deducting the trade discount of Rs 1,06,708, but the Sales Tax Officer refused the deduction…

The appeal challenged the Delhi High Court’s order refusing to initiate contempt proceedings against the respondents for filing written submissions after the judgment was reserved. The appellant argued that such submissions were private communications to the Company Judge and thus amounted to contempt under Section 2(c…

The Supreme Court considered five civil revision petitions filed under Section 115 of the Code of Civil Procedure (CPC) that were dismissed by the Allahabad High Court on the ground of lack of jurisdiction. The Court examined whether the High Court could exercise revisional jurisdiction under Section 115 of the CPC ove…

The petition challenged a condition imposed by the Regional Transport Authority that contract carriage permits could not be renewed for buses older than seven years, alleging it was ultra vires Section 51(2)(x) of the Motor Vehicles Act, 1939 and violated Article 19(1)(g) of the Constitution. The Supreme Court examined…

Rallis India Ltd. claimed exemption from sales tax on its inter‑state cotton purchases for the period April‑June 1969, relying on the Commercial Tax Officer’s orders under section 10 of the Central Sales Tax Act and the proviso to section 6 of the Andhra Pradesh General Sales Tax Act. The State revised the assessment a…

The Municipal Corporation of Delhi appealed the acquittal of Tek Chand Bhatia, a wholesale dealer in cashew nuts, who was charged under the Prevention of Food Adulteration Act, 1954 for selling insect‑infested nuts. Samples taken from his shop were found to be infested by more than 20% insects. The Supreme Court examin…

Swami Saran Saksena, a temporary judicial officer appointed in 1954, faced multiple terminations and reinstatements before being allowed to cross the second Efficiency Bar in June 1973. In August 1974, the Uttar Pradesh Government compulsorily retired him under Note 1 to Article 465-A of the Civil Service Regulations, …

The Commissioner of Sales Tax, Lucknow appealed against a judgment that exempted the sale of tea leaves by D.S. Bist, an agriculturist who owned tea gardens, from sales tax under the proviso to section 2(i) of the U.P. Sales Tax Act, 1948. The issue was whether the tea leaves, after undergoing processes such as witheri…

The case involved a public servant (A‑1) and a contractor (A‑2) who were charged with conspiracy to cheat the Government by preparing inflated bills, false muster rolls and false statements for a canal‑deepening project. The prosecution alleged that the number of labourers and the work done were grossly exaggerated, re…

The appellants, originally appointed as Inspectors of Police in 1953, were promoted in 1965 to officiate as Deputy Superintendents of Police in temporary posts. In 1974 a gradation list placed them below direct recruits, leading to a writ petition in the Patna High Court, which ordered a fresh list. Subsequently, the B…

B.R. Kapur and Harjeet Singh, directly recruited into the Punjab Police Service in 1951, were promoted to the Indian Police Service (IPS) in 1969. The dispute centered on the assignment of their "year of allotment" and seniority under Rule 3(3)(b) of the IPS (Regulation of Seniority) Rules, 1954, specifically whether c…

The Supreme Court considered an appeal by R. R. Verma and other direct recruits against the Union of India challenging the Delhi High Court’s dismissal of their writ petition as infructuous and the grant of a certificate of fitness under Article 133. The petitioners argued that Rule 3 of the All India Services (Conditi…

The case concerned V.K. Ahluwalia, a former Deputy Superintendent of Police who had been appointed Superintendent of Police (a cadre post) before being inducted into the Indian Police Service (IPS). He claimed that his year of allotment in the IPS should be fixed as 1961, reflecting his continuous officiation in a cadr…

The Supreme Court examined the conviction of V.C. Shukla and Sanjay Gandhi for alleged conspiracy to destroy the film "Kissa Kursi Ka" under various sections of the Indian Penal Code. The Court held that the Special Courts Act, 1979 – which created special courts for offences by persons holding high public or political…

The Supreme Court examined writ petitions filed by former coal‑mine workers alleging that Section 3(3) of the Coal Mines (Nationalisation) Amendment Act, 1976, which bans coal mining by any agency other than those specified, violated Article 14 by discriminating against them. The petitioners also claimed that private m…

The Supreme Court examined whether Section 3(3) of the Coal Mines (Nationalisation) Amendment Act, 1976 barred the extraction of coking coal. Petitioners argued that the amendment applied only to ordinary coal mines, not to coking coal mines, relying on the separate legislative history of coking‑coal legislation. The C…

K.M. Patel sued the firm of Mohamad Hussain for the price of 225 bags of tobacco that he had delivered to the firm, alleging that the firm had placed an order with him and later issued four cheques which were dishonoured. The defendant denied any contract, claiming the goods were ordered from another firm (R.K. Patel) …

The landlady (V. K. Chowdhry) sought eviction of her tenant (N. D. Taneja) under clause (e) of the proviso to section 14(1) of the Delhi Rent Control Act, claiming she needed the premises for her own residence. The Additional Rent Controller refused eviction, finding procedural deficiencies. The landlady appealed to th…

The plaintiff, who inherited a building leased to the defendant in 1940, served a notice to quit and filed an eviction suit in March 1964, relying on the exemption in Section 30(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. In June 1964 the Amendment Act removed that exemption and, under Section …

Nirmal Trading Co., a dealer in paper products, incurred a loss of Rs.1,03,688 from a series of sale‑purchase transactions that were settled only by the exchange of delivery orders and cheque payments, with no evidence of actual delivery of goods. The Revenue argued that these were "speculative transactions" under Expl…