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293 judgments · newest first · showing 201–293
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 …
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 …
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 …
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 …
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 …
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 …
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 …
Jute Investment Co. Ltd., a trader in gunny bags, entered into four purchase and four sale contracts with the same party, settling the transactions by transferring pucca delivery orders without any physical delivery of the bags, resulting in a loss of Rs. 2.25 lakh which it claimed as an ordinary …
Reliance Jute & Industries Ltd. claimed that an unabsorbed business loss of Rs 15,50,189 from the assessment year 1950‑51 could be carried forward and set off against its business income for the assessment year 1960‑61. The Income‑Tax Officer rejected the claim, citing the 1957 amendment to section …
The respondent, T.N. Aravinda Reddy, sold his own house and, to avoid capital gains tax, acquired the family house jointly owned with his three brothers by executing three release deeds, each for a consideration of Rs. 30,000. The issue before the Supreme Court was whether such release deeds …
The tenant Kewal Singh occupied premises under a lease when the landlord Lajwanti filed an eviction suit under the Delhi Rent Control Act invoking sections 14A(1), 14(1)(e) and 14(1)(f). She later withdrew the bonafide necessity and repair grounds, then amended the suit to re‑insert the 14(1)(e) …
Rattan Singh, a heavy‑vehicle driver, was convicted under Section 304A of the Indian Penal Code for causing the death of a scooterist through rash and negligent driving and was sentenced to two years' rigorous imprisonment. He filed a Special Leave Petition (Crl. No. 953 of 1979) before the Supreme …
The respondents were convicted under s.16(1)(a)(i) of the Prevention of Food Adulteration Act for selling confectionery drops containing cool‑tar dye. The Bombay High Court acquitted them on the ground that the sample sent to the public analyst was less than the 500 g minimum required by Rule 22, …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
Phul Singh, a 22‑year‑old, was convicted of raping his cousin's wife and sentenced to four years' rigorous imprisonment by the Sessions Court, a decision affirmed by the High Court. On appeal before the Supreme Court, the appellant argued his youth, lack of prior convictions, and the forgiveness of …
The assessee, a Hindu undivided family owning agricultural land in Kerala, sold about 367 spontaneously grown trees, retaining the stumps and roots, under an agreement that prohibited cutting the sprouts. The Income‑Tax Officer treated the entire consideration of Rs 1,75,000 as taxable income, while …
The respondent, a civil judge appointed on probation under the Bombay Judicial Service Recruitment Rules, 1956, continued in an officiating capacity after his two‑year probation expired and was terminated by a simple one‑month notice. He claimed he had been deemed confirmed under Rule 4(2)(iv) and …
In the 1977 Tamil Nadu Assembly election for the Taramangalam constituency, R. Narayanan was declared elected by a narrow margin of about 19 votes. S. Semmalai filed an election petition under the Representation of the People Act, 1951 alleging counting irregularities and seeking a recount and …
The Supreme Court dismissed an appeal by special leave concerning the convictions of Munni Marandi and Babua Marandi for offences under Section 149 read with Section 326 of the IPC. Munni, an adult, was found to have participated in a crowd that chased the deceased and was sentenced to two years of …
Maharaj Mal, a half‑partner in a firm, gifted Rs 1,00,000 to his son and Rs 50,000 to his wife in 1957 and simultaneously admitted his son as a partner, transferring half of his share. After the donor's death in 1962 the remaining partnership shares were re‑allocated. The Revenue argued that the …
The Collector of Raipur published a preliminary electoral roll for the municipal elections and issued a notice under Rule 4(1) allowing claims or objections within 20 days, although Rule 4(3) prescribed a 30‑day period. Several petitioners discovered the discrepancy only in early December and filed …
The Supreme Court examined the validity of a transport scheme prepared by the Uttar Pradesh State Transport Undertaking under sections 68C (draft scheme) and 68D (approved scheme) of the Motor Vehicles Act, 1939. The scheme did not specify the exact number of services (buses, trips) to be provided, …
In V.K. Gupta v. Nirmala Gupta, the husband filed a petition for divorce under Section 13(1)(b) of the Hindu Marriage Act. The Delhi High Court, both the single judge and the division bench, refused to dissolve the marriage. On appeal, the Supreme Court emphasized that the court's primary role in …
The Supreme Court examined the award of dearness allowance granted to workers of five cooperative sugar factories in Gujarat. The Industrial Court had increased the graduated dearness allowance and allowed a variable dearness allowance at 125% neutralisation, which the High Court later set aside. …
Pratap Singh was appointed as a temporary Assistant Sub‑Inspector of Police on 2 July 1973. His services were terminated on 26 September 1977 by the Senior Superintendent of Police. He challenged the termination, arguing that Rule 12.8(1) of the Punjab Police Rules placed him on a three‑year …
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 …
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 …
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 …
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 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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
Inderjeet filed a writ petition under Article 32 challenging the constitutionality of Section 7 read with Section 16 of the Prevention of Food Adulteration Act, which imposes absolute liability and a mandatory minimum six‑month imprisonment for anyone found guilty of selling adulterated food, …
The petitioner, Mohammad Yousuf Rather, was detained under the Jammu & Kashmir Public Safety Act, 1978. He challenged the detention on the ground that the annexed grounds were vague and irrelevant, thereby violating his constitutional right under Article 22(5) to be informed of the grounds and to …
A large number of suits involving a religious community in Kerala were pending in various courts. The High Court and the State Government selected eight significant suits and created an Additional District Court to try them. After evidence was recorded, an application under Section 24(1)(b) of the …
The case concerned vast hilly tracts of land that produced natural grass and were formerly part of taluqdar and inamdar estates. After the Bombay Taluqdari Tenure Abolition Act, 1949 and the Bombay Personal Inams Abolition Act, 1952 came into force, the State of Gujarat claimed that these lands were …
Kathiawar Industries Ltd operated a salt manufacturing plant where raw (uncrushed) salt was produced outside Jaffrabad Municipality and then transported into the municipality's octroi limits for crushing before export. The municipality demanded octroi on the salt, asserting that the salt, once …
The case concerned 51 engineers appointed by interview (UPSC) to the Ministry of Shipping & Transport (Roads Wing) who claimed they were regular cadre officers, while officers appointed by competitive examination argued that the interview appointees were ex‑cadre and should not enjoy seniority or …
N. Madhavan was charged under Section 302 IPC for killing a person with his licensed 12‑bore gun. He successfully pleaded self‑defence, invoking Section 96 IPC, and the Sessions Judge acquitted him. However, the judge ordered the gun to be confiscated to the Government without giving any reasons or …
Brij Mohan, a partner in two firms, filed his 1964-65 income tax return late in April 1968, disclosing income from one firm but concealing income from the other. The Income Tax Officer, upon discovery, imposed a penalty under Section 271(1)(c)(iii) as amended by the Finance Act 1968, which allowed a …
The appellant, a practising advocate, certified the solvency of a surety for his client in a bailable offence, violating Rule 10 of the Bar Council of India’s professional conduct rules. The Disciplinary Tribunal of the Bar Council suspended him for one month, and his appeal to the Supreme Court was …
The State of Maharashtra prosecuted Vishwanath Tukaram Umale and others for stealing railway tyres and tubes from a wagon in transit. The prosecution alleged that accused 1, 2, 5 and an absconding accused had removed the tyres, sold them to accused 3, who later sold some to accused 4. The trial …
Anand Narain Shukla, an Office Superintendent in the Madhya Pradesh Agriculture Department, was initially found guilty in a departmental enquiry and reverted to a lower rank. The Madhya Pradesh High Court quashed that order on technical grounds, reinstating him. Subsequently, he was suspended and a …
The appellant, a Karta of a joint Hindu family, obtained a taccavi loan for improving a family farm and offered his half‑share in zamindari lands as security. After default, the Collector attached the hypothecated property and initiated recovery proceedings. The appellant claimed the loan was taken …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
The case concerned railway employees classified as Commercial Clerks and Assistant Station Masters/Station Masters (ASM/SM) whose pay scales were revised under a "New Deal" in 1956, resulting in some ASM/SM receiving lower pay than Commercial Clerks. The employees claimed this constituted …
The appellant, Ebrahim Sulaiman Sait, was elected to the Lok Sabha from Manjeri, Kerala, but his election was declared void by the Kerala High Court on the ground that a speech he made during the campaign promoted religious enmity, violating Section 123(3A) of the Representation of the People Act, …
