Judgments of 1985

The Forest Range Officer seized teak timber worth Rs.1,71,000 from G.V. Sudhakar Rao and produced it before the Divisional Forest Officer, the Authorized Officer under s.44(2A) of the Andhra Pradesh Forest Act, 1967, seeking confiscation. While confiscation proceedings were pending, a criminal complaint was also filed …

The appellant, formerly Bank of Cochin Ltd., purchased foreign‑currency negotiable instruments as part of its banking business and later realised the proceeds in foreign banks. When the Indian rupee was devalued on 6 June 1966, the rupee value of these foreign‑exchange assets increased by Rs 4,65,515. The Income‑Tax Of…

M/S. MSCO Pvt. Ltd. imported stainless‑steel plates under a 1977 customs notification that granted a concessional duty provided the goods were used to manufacture specified articles and the finished articles were sold only to "industrial units". The company supplied certificates that the plates were used accordingly, b…

The appellant, a Municipal Councillor, was convicted under Section 161 of the Indian Penal Code and Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act. He appealed, contending that a Municipal Councillor is not a "public servant" within the meaning of Section 21 of the IPC and therefore cannot be prosecuted …

The State of Orissa issued a proclamation in English, both in the Official Gazette and a local newspaper, announcing its intention to declare two villages as a notified area under Section 417-A of the Orissa Municipal Act, 1950, and invited objections. The residents challenged the proclamation on two grounds: (1) it fa…

The appellants, Zafar Khan and others, claimed possession of land based on a decree under the U.P. Tenancy Act and later asserted they were bhumidars under the U.P. Zamindari Abolition and Land Reforms Act, 1950. The respondents, having become adhivasis under the same Act, regained possession through an order of the Ad…

The appellants were granted temporary stage‑carriage permits on 10 January 1980 under section 68F(1C) of the Motor Vehicles Act, 1939, nine years after a scheme had been published under section 68C. The State Transport Appellate Tribunal and the Allahabad High Court set aside those permits, holding that they were depen…

The Central Excise Department denied Dunlop India Ltd. an exemption on excise duty, alleging the company had previously cleared goods without paying duty and only relied on bank guarantees obtained under interim court orders. Dunlop filed a writ petition in the Calcutta High Court under Art. 226 seeking an interim orde…

Ram Sharan Yadav, a Communist Party candidate, was elected to the Bihar Legislative Assembly in 1977. The defeated candidate, Thakur Muneshwar Nath Singh, filed an election petition alleging that Yadav had engaged in corrupt practices of undue influence under Section 123(2) of the Representation of the People Act, 1951…

In the 1982 Haryana Legislative Assembly election, Bhagmal was declared elected by a margin of ten votes over Parbhuram. Parbhuram filed an election petition alleging improper counting and the influence of a Naib Tehsildar on the Returning Officer, leading to a recount of rejected ballot papers. The High Court ordered …

Khilli Ram, a Head Constable, was convicted under IPC s.161 and the Prevention of Corruption Act (sections 5(1)(d) and 5(2)) for allegedly accepting a bribe in a police‑trap. The prosecution relied on a decoy witness, two panch witnesses and several police officers, but many of these witnesses turned hostile or gave st…

The respondents, cigarette manufacturers, packed cigarettes in primary packets, secondary cartons and finally in corrugated fibre‑board containers and argued that the cost of the final containers should not be part of the "value" for excise duty. The Union of India contended that all packing, whether primary or seconda…

The Andhra Pradesh Government issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for the Hyderabad Urban Development Authority, publishing it in the Gazette on 4 August 1977 and giving public notice in the locality on 3 October 1977, a gap of more than two months. The respondents…

The Supreme Court examined a notification issued under section 4(1) of the Land Acquisition Act, 1894 on 18 October 1979, which was published in the Official Gazette the same day. The Revenue Divisional Officer directed that public notice of the notification's substance be given in the locality on 19 November 1979, and…

Food Specialities Ltd manufactured various dairy and food products for Nestle's Products India Ltd under Nestle's registered trademarks and supplied them at a wholesale price (free on rail or free on lorry). The dispute arose over the valuation of these goods for the purpose of levying excise duty under the Central Exc…

The Supreme Court examined a long‑standing dispute among members of the Sulakhe joint family concerning whether various incomes and assets derived from a partnership firm (Sulakhe & Co.) and a public limited company (Lokmanya Mills Ltd.) belonged to the joint family or to individual members. The Court held that remuner…

The appellant, Saroj Aggarwal, was the widow of a partner who died in 1959. After his death a new partnership deed was executed, admitting her and an adopted son as partners. The deceased had unabsorbed speculation losses from earlier years. In the assessment year 1962‑63, the appellant claimed to set off those losses …

The petitioners challenged the 1983 Assam Legislative Assembly election, alleging that the electoral rolls of 1979 were defective because they had not been revised as required by the Representation of the People Act, 1950 and allegedly contained non‑citizens. They filed writ petitions under Article 226 of the Constitut…

The petitioners, members of the Adi‑Dravida caste who had converted to Christianity, were denied free bunks under a central welfare scheme for Scheduled Castes because a Tamil Nadu order incorporated paragraph 3 of the Constitution (Scheduled Castes) Order, 1950, which excludes persons of religions other than Hinduism …

The American Home Products Corporation (the appellant) applied in 1958 to register the trademark ‘Dristan’ in India, claiming it would be used by the appellant. In fact, the appellant intended the mark to be used in India by its Indian associate, Geoffrey Manners & Co., which would become a registered user under a tech…

The petitioner, a lessee of premises in Calcutta, challenged the State’s continued requisition of part of his building under the West Bengal Premises Requisition and Control (Temporary Provision) Act, 1947, which had been renewed repeatedly since 1958 for a government showroom. He argued that the Act could not become p…

The State of Haryana, through Maharshi Dayanand University, reserved 25 MBBS seats for candidates who had studied up to class 8 in a common rural school. The petitioners challenged this reservation as violative of Articles 14, 15(4) and 29(2) of the Constitution, arguing that the classification was arbitrary, lacked in…

The case concerned widows of Government servants who, because their husbands had not agreed to make a two‑month contribution under the 1964 family pension scheme, were denied family pension even after the scheme was made non‑contributory on 22 September 1977. The petitioners argued that this denial violated the equalit…

The Supreme Court examined whether the Urban Family Planning Clinic set up by the Government of India at Bhilai Steel Plant was an independent undertaking or an integral part of the plant. The petitioners, who were attendants at the clinic, claimed continuous service from 1964 for purposes of gratuity, retrenchment and…

Two employees of United Bank of India claimed that the annual bonus paid on the eve of Pooja had become a customary bonus, unrelated to the bank's profits, and thus a condition of service giving them a legal right under Section 33‑C(2) of the Industrial Disputes Act, 1947. The bank contended that the bonus varied in ra…

The petitioners, 39 promotees to the post of Assistant in the Indian Council of Agricultural Research (ICAR), challenged a 1981 seniority list that demoted them in favour of direct recruits, alleging violation of Articles 14 and 16 of the Constitution. They argued that seniority should be based on the date they exercis…

The Calcutta High Court entertained a writ petition under Article 226 challenging the Chief Election Commissioner, the Chief Electoral Officer and the Election Commission of India for allegedly issuing vague and arbitrary directions for a de novo revision of West Bengal's electoral rolls and for proceeding with electio…

Godavari Sugar Mills sold land and buildings to Somaiya Organics for Rs.7,76,000, but the sale was subject to an equitable mortgage created in favour of Punjab National Bank for a contingent liability of Rs.65,00,000. The Sub‑Registrar and Collector treated the total consideration as Rs.1,92,76,000, leading to a disput…

M.S. Ezhlitassan filed a suit for defamation which was dismissed, appealed and obtained a decree for damages. The respondent appealed, the High Court reversed the decree and dismissed the suit. While the appeal before the Supreme Court was pending, the appellant died. His grandchildren filed petitions to be substituted…

The appellants, twenty‑two apprentices who completed a one‑year training with the Punjab State Electricity Board, claimed that their letters of appointment required the Board to absorb them in the event of vacancies, in line with a Government of India instruction that at least 50% of direct recruitment vacancies be fil…

The appellant challenged the election of respondent No. 3 to the Punjab Legislative Assembly on the ground that the candidate had committed a corrupt practice under section 123(3) of the Representation of the People Act, 1951. The allegation was that the Akal Takht, the supreme religious authority of the Sikhs, had spo…

The Supreme Court examined the constitutional validity of Section 23‑A of the Punjab Agricultural Produce Markets Act, which permits market committees to retain market fees collected in excess of the statutory rate when the burden has been passed on to the next purchaser. The appellants argued that the provision was an…

In the 1980 Punjab Legislative Assembly election, Surinder Singh was elected but his victory was challenged on two grounds of corrupt practice under the Representation of the People Act, 1951: (1) alleged "undue influence" for disturbing an Akali Party meeting with firearms, and (2) alleged "bribery" for promising to h…

The Punjab Government advanced a loan to a cooperative house‑building society for low‑income housing, securing repayment by mortgaging the sites and houses. The society defaulted on repayments and the government issued a notice invoking clause (b) of section 67 of the Punjab Land Revenue Act to arrest the borrowers. Th…

The assessee, an oil‑mill owner, gifted part of his machinery to his wife and three minor children and a firm was formed by his wife and another person. The firm leased the mill premises and machinery and the assessee rendered management services, receiving commission. The assessee had large losses carried forward from…

The partnership firm M/s Jagannath Pyarelal, consisting of eleven partners, filed an application on 30 September 1959 for registration under section 26A of the Indian Income Tax Act, 1922. The partnership deed had not been signed by one partner, Shri Rabinder Kumar, who had left India for studies, and the application w…

The Central Government set up a Medical Store Depot in Gauhati to procure and supply medical stores to various government institutions on a "no profit‑no loss" basis. The depot did not apply for registration as a dealer under the Assam Finance (Sales Tax) Act, 1956 or the Central Sales Tax Act, 1956, claiming that its …

The Supreme Court considered appeals by a public limited company challenging the calculation of gratuity for a monthly‑rated employee who had retired after 35 years of service. The employee claimed that "fifteen days' wages" under s.4(2) of the Payment of Gratuity Act, 1972 should be computed by first determining a dai…

The appellants' land was acquired under the Land Acquisition Act, 1894, and initial compensation of Rs.27,992.84 was fixed by the Land Acquisition Officer. Subsequent enhancements by the District Judge (Rs.11,307.10) and the High Court (Rs.17,919.30) raised the issue of the rate of interest payable, after the Haryana A…

The appellant, a grocer, sold ripened coconuts and claimed exemption from sales tax under G.P. No. 1764 issued under the Tamil Nadu General Sales Tax Act, 1959, which exempted "fresh fruits" and "vegetables". The High Court held that a ripened coconut could not be classified as either a fresh fruit or a vegetable and t…

Raja Ram Jaiswal purchased land (Plot No. 26) to build a cinema theatre. The Hindi Sahitya Sammelan, opposing the cinema, sought acquisition of the same land for the purported public purpose of extending its Sangrahalaya, leading to a notification under Section 4(1) of the Land Acquisition Act, 1894. The notification w…

The appellant, a civil servant in the Cooperative Societies department, claimed that Government Order No. 559 (May 4, 1961) entitled him to a promotion to Deputy Registrar in 1965 under the principle of reservation extended to all cadres. He filed a representation petition in 1977, which the Administrative Tribunal dis…

Associated Cement Co. Ltd. applied for a Tax Credit Certificate under the 1965 Scheme framed under s.280ZD of the Income Tax Act, seeking credit for both the regular central excise duty (under the Central Excise and Salt Act, 1944) and the special excise duty imposed by s.80 of the Finance Act, 1965. The authority gran…

The Bank of Baroda granted a demand loan of Rs.36,000 to Moti Bhai, secured by a promissory note, a hypothecation of standing crops and a mortgage deed, with two guarantors. When the loan defaulted, the Bank sued the borrowers in a civil court for recovery of the principal, interest and, in case of non‑payment, sale of…

The petitioners, owners of plots in Bandra, Bombay, were ordered by the Municipal Corporation and the State to demolish buildings constructed without permission and the lands were later declared "vacant" under the Maharashtra Vacant Lands (Prohibition of Unauthorised Occupation and Summary Eviction) Act, 1975. They cha…

The appellants, teachers (Masters/Mistresses) employed in Punjab state schools, held postgraduate qualifications but were paid under the Rs 220‑500 scale. They claimed entitlement to higher pay grades (Rs 300‑450/600 or Rs 250‑400/550) prescribed in paragraph 2 of the State Government Circular Letter dated 29 July 1967…

Naubat Singh was the tenant of a shop in Bulandshahr when the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 came into force. After his death in 1974, landlord Ratan Lal sought eviction under the Act. Jaspal Singh, the nephew of the deceased, claimed he was an heir under a will and t…

The petitioners were candidates selected by the Subordinate Service Selection Board for the post of Assistant Sub‑Inspector of Police. The Board recommended 144 names, but only 57 vacancies existed and the anticipated 170 vacancies never materialised because the Government rejected the proposal to disband the Punjab Ar…

The appellants, Ahmed Hussain Khan and S. Gopalan, were senior civil servants who had joined the Hyderabad State service before its merger with India and later transferred to Andhra Pradesh. Their pension was governed by Rule 299(b) of the Hyderabad Civil Services Rules, which originally stipulated a maximum pension of…

S.M. Yunus, a former civil servant of the erstwhile State of Hyderabad who retired in 1956, claimed a pension of Rs 1,000 per month in Indian currency, arguing that his right had vested at retirement. The Andhra Pradesh Government had, by a 1971 notification, retrospectively reduced the maximum pension to Rs 857.15 per…

The workmen of Hindustan Lever Ltd. sought confirmation in the higher grades in which they had been acting for more than three months, claiming that they should be made permanent and receive retrospective benefits. The employer contended that the dispute was not an industrial dispute because it related to promotion, a …

Behara Venkataramanayya Patro, the mortgagor, executed two usufructuary mortgage deeds in 1939 and 1942 in favour of Sambangi Thavitinaidu, who was then a sitting tenant of the same property. After obtaining a preliminary decree for redemption, the mortgagor died and his legal representatives sought a final decree and …

Sita Prasad Saxena sued the Union of India for salary arrears; his appeal was pending in the Madhya Pradesh High Court when he died. His son Mahendra Kumar Saxena filed applications for substitution of heirs, to set aside the abatement of the appeal, and for condonation of delay under Section 5 of the Limitation Act. T…

The respondents, owners of Jaora Sugar Mills, were required under the Madhya Bharat Essential Supplies (Temporary Powers) Act, 1948 to deposit the difference between the supply price and ex‑factory price of sugar into a government Sugar Fund. They deposited Rs 50,000 under protest and sued the State for a refund of the…

The respondents leased a plot to the appellant for a flour mill and, after the lease expired, obtained a decree for possession when the appellant failed to vacate. While the appellant's appeal against the decree was pending, the Gujarat government notified that Part II of the Bombay Rents, Hotel and Lodging House Rates…

The case concerned 464 labourers at the Food Corporation of India's Siliguri depot who were originally employed through a contractor. In 1973 the corporation abolished the contractor and introduced a direct payment system, paying wages directly to the workers via Sardar/Mondal agents. The corporation later, in 1975, re…

Gasket Radiators Pvt. Ltd., incorporated in 1964, was initially exempted from paying the special contribution imposed by Chapter V‑A of the Employees' State Insurance Act, 1948, until the scheme was extended to its area. The exemption was withdrawn on 31 May 1969 and the company challenged the liability, arguing that t…

The landlord filed seven eviction suits under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming a bona‑fide personal requirement for the premises. The trial court decreed eviction against all tenants; the appellate authority upheld the decrees for the four ground‑floor shop tenants and one first‑flo…

The petitioners, members of the Uttar Pradesh Judicial Service, applied for direct recruitment to the Uttar Pradesh Higher Judicial Service, claiming they had completed seven years of practice at the bar before joining the service and thus were eligible under Article 233(2) of the Constitution. The Allahabad High Court…

The appellant, a partner in two different partnership firms, contributed shares of limited companies to the firms as capital. The Revenue argued that the contribution constituted a transfer of a capital asset under section 45 of the Income Tax Act, 1961 and that a capital gain arose because the market value of the shar…

The Supreme Court heard applications filed by social and child welfare agencies seeking clarification of the principles and procedures it had laid down in Laxmi Kant Pandey v. Union of India for inter‑country adoption of Indian children. The agencies raised thirteen specific points, ranging from the separation of scrut…

Cibatul Ltd (the seller) entered into agreements with Ciba Geigy of India Ltd (the buyer) to manufacture various resins under a jointly drawn programme. The buyer tested and approved each batch before the seller could sell the goods to it, and the buyer’s trade‑marks were affixed on approved goods. The seller declared …

Four persons, including the appellant Banwar Lal, were tried for the murder of Gyanchand under Sections 302 and 34 of the Indian Penal Code. The Sessions Judge acquitted three accused and convicted only Kanahiya Lal, but the Rajasthan High Court set aside the acquittal of Banwar Lal, relying on the testimony of an inde…

The appellants, convicted of life imprisonment for the 1971 murder of Kunwar Bahadur, sought acquittal on the ground that a man of the same name was found dead in 1983, suggesting the original victim was alive for twelve years. The Supreme Court, invoking its power under Article 136, ordered the District Magistrate of …

Rajinder Kumar Kindra, a salesman, was dismissed after a domestic enquiry found him guilty of misconduct for allegedly negligently keeping his private cheque‑book unattended, which the employer claimed enabled the manager‑cum‑cashier to defraud the company. The dispute was referred to an arbitrator under Sec. 10(A)(1) …

The case arose from a strike by teachers in Uttar Pradesh in 1977, after which the State appointed 2,257 "reserve pool" teachers on a temporary basis under Ordinance No.25 of 1977. Subsequent Ordinances No.10 and No.22 of 1978 sought to absorb these teachers and give them preferential treatment in future vacancies, whi…

The landlord filed an eviction application under Clause 13(3)(vi) and (vii) of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 against the partnership firm M/s Chhotelal Pyarelal. The firm contended that the application was not maintainable because the partners were not joined as responde…

Indian Aluminium Cables Ltd. manufactured aluminium rods by the Properzi process and argued that these "Properzi Rods" were not "wire rods" and therefore should be taxed under the residuary Entry 68 of the Central Excise and Salt Act, 1944. The Central Excise authorities classified them under Entry 27(a)(ii) as "wire b…

The petitioner, a wife, filed a divorce on the ground of desertion and later challenged a criminal complaint filed by her husband under IPC s.497 accusing Dharma Ebenezer of adultery with her. She argued that s.497 violated Articles 14 and 21 of the Constitution by discriminating against women and denying the alleged v…

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

In 1975 a nine‑year‑old boy, Sanjay, was kidnapped and murdered during a Holi festival in Tinsukhia, Assam. Henry Westmuller Roberts, Sunil Chandra Biswas and two others were arrested; all four made confessional statements before a Judicial Magistrate after being given only three hours for reflection. The trial court a…

The M.P. Irrigation Karamchar Sangh, a trade union, demanded a special Chambal allowance, dearness allowance equal to Central Government employees, and payment of strike wages from 1966. After settlement attempts failed, the dispute was reported under Section 12(4) of the Industrial Disputes Act, 1947, but the State Go…

The Tamil Nadu Government, invoking powers under the Essential Commodities Act, 1955 and a central notification (G.S.R. 800, 1978), issued the Tamil Nadu Paddy (Restriction on Movement) Order, 1982, which completely banned the transport of paddy from certain districts. Traders challenged the order, alleging it exceeded…

The Supreme Court examined a public‑interest litigation concerning a plot of land in Andheri reserved for a BEST bus depot under the development plan. The BEST Committee approved a scheme to construct two commercial buildings on part of the plot, generating a non‑refundable premium for the corporation. A petition chall…

Hans Raj, a clerk who began service in 1949, was prematurely retired by the Deputy Commissioner of Bhatinda on 20 August 1975 under Rule 3(1)(a) of the Punjab Civil Services (Premature Retirement) Rules, 1975, on the ground that he had completed more than 25 years of service. He challenged the order, arguing that the b…

The State of Maharashtra prosecuted Baburao Ravaji Mharulkar and others for selling ice cream that contained only 5.95% milk fat, below the 10% minimum prescribed by Paragraph A.11.02.08 of Appendix B to the Prevention of Food Adulteration Rules, 1955. The trial court acquitted the respondents, holding that the rule wa…

The Supreme Court considered a writ petition under Article 32 filed by C. Elumalai, an adolescent offender convicted of a capital offence and sentenced to life imprisonment, who was detained in a Borstal School under section 10-A of the Tamil Nadu Borstal Schools Act, 1925. The issue was whether the State of Tamil Nadu…

The Karnataka Government referred a dispute between the Regional Provident Fund Organisation (established under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952) and its employees to an Industrial Tribunal under section 10 of the Industrial Disputes Act, 1947. The management challenged the referenc…

The appellants, excise contractors licensed to sell arrack, challenged the State of Mysore's collection of sales tax on the total price of arrack, which included excise duty and cesses. The Mysore High Court held that sales tax could not be levied on excise duty, health cess or education cess and ordered a refund of th…

The Supreme Court examined a writ petition under Article 32 challenging the detention of Ajay Dixit under Section 3(2) of the National Security Act, 1980. The District Magistrate had listed six past criminal incidents as grounds, alleging that Dixit was likely to act prejudicially to public order. The Court held that t…

The Gwalior District Co‑operative Central Bank Ltd., whose board had been superseded by the Registrar of Cooperative Societies and placed under the control of the Madhya Pradesh State Cooperative Bank (the Apex Bank), dismissed employee Ramesh Chandra Mangal for allegedly overstaying leave. The dismissal was ordered by…

The appellant, P.C. Agarwal, appeared for the 19th Competitive Judicial Service Examination and secured 38.8% in the written paper and 416 marks overall, but was omitted from the list of successful candidates prepared under Rule 19 of the Bihar Civil Service (Judicial Branch) Recruitment Rules, 1955. The Bihar Public S…

Dr. Partap Singh and his wife challenged the validity of a search warrant issued by an Assistant Director of Enforcement under Section 37 of the Foreign Exchange Regulation Act, 1973, alleging that the officer had no material to form a reasonable belief and failed to record the grounds in writing. The High Court had di…

The appellant, a dealer in cotton yarn registered under the Bengal Finance (Sales Tax) Act, 1941 as applied to Delhi, claimed exemption for sales of cotton thread under Entry 21 of the Second Schedule. The Sales Tax Officer held the sales were of cotton yarn and liable to tax. The Financial Commissioner quashed the ass…

The Delhi Administration prosecuted Puranmal for alleged adulteration of jal mirchi powder under the Prevention of Food Adulteration Act, 1954 after a public analyst reported nine live meal worms in a sample taken from his shop. The trial court held that the prosecution had not proved the powder was adulterated and acq…

M/s Oriental Timber Industries, a manufacturer of plywood circles for packing, was previously assessed excise duty on the finished circles. After an audit objection, the Central Excise authorities issued notices demanding assessment on the plywood at the panel (block) stage under Item 16B of the First Schedule of the C…

The Supreme Court examined whether an employer who prescribes working hours below the statutory maximum under the Tamil Nadu Shops and Establishments Act, 1947 must pay overtime at the statutory rate for work beyond those prescribed hours up to the statutory ceiling. Philips India Ltd. and the State Bank of India had f…

The Calicut City Corporation levied a licence fee under Schedule IV of the municipal act for the use of land to soak coconut husks. The respondents, who were conducting the soaking without a licence, challenged the fee, arguing that no specific service was conferred and that the levy was either an invalid fee (lacking …

The West Bengal State Electricity Board terminated a permanent employee under Regulation 34, which allowed dismissal with three months' notice or salary in lieu, without giving any reasons. The employee challenged the termination in a writ petition, and the Calcutta High Court struck down Regulation 34 as arbitrary and…

Capt. S. M. Rebello was appointed as master of the vessel M.V. Anastasia for a one‑year term. The ship was sold as scrap and his services were terminated on 20 December 1980. He claimed full‑year wages, arguing that under the Merchant Shipping Act, 1958 a master is treated as a seaman and is entitled to compensation on…

Moped India Ltd manufactured mopeds and sold them to a network of dealers under agreements that allowed the dealers a commission of Rs.110, Rs.145 or Rs.165 per unit, which the company treated as a trade discount and deducted from the price list for excise duty purposes. The Assistant Collector of Central Excise held t…

The petitioners, beedi manufacturers, challenged the 1977 notifications that brought the beedi industry within Schedule I of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, arguing that home workers who roll beedis at their residences were not "employees" under section 2(f) and that the scheme co…

The Uttar Pradesh Mandi Samiti levied market fees on the sale of dal (split legumes) produced by Ganga Dal Mill, arguing that dal was a specified agricultural produce under the U.P. Krishi Utpadan Mandi Adhiniyam, 1964. The respondents contended that only whole‑grain legumes were specified and that dal, being a process…

The case arose from a 1927 partition of jointly owned agricultural land where a common well (W2) and its channel were retained for joint use. The appellants, owners of an exclusive well (W1) purchased in 1928, irrigated their allotted plots by connecting a small channel from W1 to the common channel on the shared land.…

The Supreme Court examined whether a 1973 notification that conferred the powers of a Deputy Superintendent of Police under the Motor Vehicles Act, 1939 on the General Manager of Haryana Roadways was valid. The petitioners, private motor transport operators, argued that the appointment violated their fundamental right …

Harbans Singh was convicted under the Prevention of Corruption Act, 1947 and the trial court imposed a sentence exceeding the statutory minimum. The Punjab and Haryana High Court, exercising its discretion under Section 5(2), reduced the sentence to the period already served, citing reasons it deemed sufficient. The pe…

The Supreme Court examined whether a person who lodges a First Information Report (FIR) is entitled to notice and a hearing when a magistrate considers the police report under Section 173(2)(i) of the Criminal Procedure Code and decides to drop the proceedings. It held that if the magistrate chooses not to take cogniza…

A pick‑up van owned by a partnership firm was involved in a road accident that killed one passenger and injured another. The victims' heirs claimed compensation, and the Motor Accident Claims Tribunal awarded Rs.75,000 and Rs.3,000 respectively. The insurer argued that the policy was void because the driver, a partner …

Bata Shoe Co. Ltd. manufactured footwear sold at a wholesale price of Rs 6.25 per pair. A 1967 notification exempted footwear under Item 36 of the Central Excise and Salt Act, 1944 if its "value" did not exceed Rs 5 per pair. The company argued that, under Section 4 of the Act, the value—after deducting trade discount …

The first accused in State of Maharashtra v. Shrishail Nageshi Pare was convicted of murder under Section 302 of the IPC by the Sessions Judge, a decision affirmed by the High Court. He filed Special Leave Petition (Criminal) No. 372 of 1985, challenging the High Court's view that an eye‑witness account was merely one …

The petitioners, industrial undertakings, challenged the validity of Rule 19A of the Income‑Tax Rules, 1962, which excluded borrowed capital and fixed the computation of "capital employed" on the first day of the previous year for the purpose of the tax exemption under Section 80J of the Income‑Tax Act. They also conte…

The petitioner filed a writ petition under Article 32 challenging the constitutional validity of the Election Symbols (Reservation and Allotment) Order, 1968, arguing that the Order was legislative in nature and could not be issued by the Election Commission because it lacked statutory authority. The Court examined whe…

Samaresh Bose authored the novel "Prajapati" which was published in the Bengali journal Desh and later as a book. Amal Mitra complained that the work was obscene under IPC s.292 read with s.109, leading to the conviction of the author and the publisher Sitangshu Kumar Dasgupta by a magistrate and affirmation by the Cal…

The Provident Fund Inspector filed complaints against the directors and factory manager of Burhanpur Tapti Mills Ltd for failing to pay the employer's contribution to the Employees' Provident Fund and Family Pension Fund Act, 1952, for the period February 1970 to June 1971. The accused contended that the complaint was …

Nasirul Haque, a tenant, appealed a second appeal order of the Patna High Court that had dismissed his challenge to an eviction decree. The High Court had remanded the matter to the trial court for a finding on partial eviction, accepted the trial court's finding without scrutiny, and dismissed the appeal. The Supreme …

In Shantilal Manganlal & Anr. v. Chunnilal Ranchoddas (1984), the petitioners filed a review application against the Supreme Court's order dismissing their Special Leave Petition, but the review petition contained no substantive grounds and merely promised to file them later. The petition was filed on 9 January 1984, a…

The Allahabad Canning Co., a manufacturer of syrups and related food products, purchased levy sugar from K.M. Sugar Mills at a price higher than the controlled price. The excess amount of Rs 22,681.88 recovered by the High Court registrar was credited to the Levy Sugar Price Equalisation Fund under the Levy Sugar Price…

The appellants, originally constables in the Calcutta Police, were promoted to officiating Sub‑Inspectors and later confirmed, but were placed below many directly recruited Sub‑Inspectors in the seniority list. They argued that seniority should be based on their continuous officiating service, not on the date of confir…

The Supreme Court examined several appeals concerning eviction petitions under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The central issue was the interpretation of "wilful default" in the proviso to section 10(2)(i) and its Explanation, which states that a default is wilful if it continues after a l…

The case concerned the death of Sudha, who was found burnt in a Delhi flat; the prosecution alleged that her mother‑in‑law Shakuntala and husband Laxman Kumar deliberately set her on fire to avoid dowry demands, while the defence claimed an accidental fire from a kerosene stove. The trial court convicted all three accu…

K.G. Thomas, a journalist and propagator of Christian ideals, received large sums from the Indian Christian Crusade, U.S.A., which he claimed were personal gifts. The Income‑Tax Officer treated the amounts as remuneration for his vocation of preaching and publishing, and taxed them as business income for the assessment…

The appellant, a registered dealer, purchased poppy seeds on a Form ST‑17 declaration stating they were for "resale within the State" and subsequently resold them in Bhawani Mandi. The Commercial Tax Officer held that because the resales were sales in the course of inter‑State trade, they could not be treated as "resal…

The petitioners, who are cycle‑rickshaw pullers hiring rickshaws for a day, challenged the Punjab Cycle Rickshaws (Regulation of Licence) Act, 1976 which bars owners of rickshaws from obtaining a licence unless they themselves ply the vehicle. They argued that the Act, lacking a mechanism to enable them to acquire rick…

P.C. Gupta applied in 1968 for a stage‑carriage permit on a route covered by Draft Scheme No. 72 of 1965, which had been published under section 68‑C of the Motor Vehicles Act, 1939 but not yet approved or published as an approved scheme under section 68‑D. The Regional Transport Authority kept his application pending …

The Uttar Pradesh Government approved a draft scheme under the Motor Vehicles Act, 1939 to allow its State Transport Undertaking to operate stage carriages on the Saharanpur‑Delhi inter‑state route, excluding all other operators. The scheme, published in 1959, was challenged by 50 operators; the Allahabad High Court in…

V. Sasidharan, a clerk in a firm of lawyers, was dismissed and appealed under the Kerala Shops and Commercial Establishments Act, 1960. The firm contended that it was not a "commercial establishment" within the meaning of the Act, leading the Appellate Authority to dismiss the appeal on a preliminary objection. The Hig…

The appellants, members of a society for the prevention of cruelty to animals, filed a revision application in the Patna High Court which was to be heard by Justice S.K. Jha. They later engaged Shri Sailendra Kumar Jha, the son of Justice Jha, to appear for them, prompting concerns about a son appearing before his fath…

Dalhousie Properties Ltd, assessed for the year 1966-67, claimed a deduction of Rs.1,78,784 for municipal taxes under the proviso to section 23(1) of the Income‑Tax Act, 1961, arguing that the deduction should be allowed on the basis of the tax liability even though the amount was not fully paid and was under dispute. …

The partnership firm that owned the Tariya coking coal mine had its management taken over by the Central Government in October 1971 under the Emergency Ordinance, later replaced by the Management Act. The Coking Coal Mines (Nationalisation) Act, 1971 extinguished the owners' title effective 1 May 1972 and provided comp…

The wife of a man detained under the National Security (Rajasthan Conditions of Detention) Order, 1984 filed a writ petition under Article 32 seeking transfer of her husband’s detention from Bharatpur, Rajasthan to Punjab, better jail amenities, cessation of solitary confinement, and regular visits. The Supreme Court h…

The petitioners challenged Maharashtra's ban on selling tickets of lotteries organized by the Indian Red Cross Society (Dadra and Nagar Haveli branch) that were authorized by that Union Territory's administration. They argued that the Bombay Lotteries (Control and Tax) and Prize Competition (Tax) Act, 1958, which exemp…

The appellant, a Muslim advocate, divorced his wife Shah Bano Begum by irrevocable talaq and argued that under Muslim Personal Law he owed no further maintenance beyond the iddat period, having paid dower (mahr). The wife filed a petition under Section 125 of the Code of Criminal Procedure (CrPC) seeking maintenance, w…

K.C. Joshi was appointed as Store Keeper in the Oil and Natural Gas Commission (ONGC) and, after completing his probation, was placed on the regular establishment. He was an active trade‑union worker and, following union actions, his services were terminated on 29 December 1967 with one month’s pay in lieu of notice, t…

The appellants, Junior Engineers recruited in 1973, sought promotion to Assistant Engineer under the Telegraphic Engineering Service rules. The 1966 Rules required a qualifying departmental examination after five years of service, but the 1981 Rules introduced a qualifying‑cum‑competitive exam and a note that the first…

The appellants operated stage‑carriage services on inter‑State routes between Mysore (now Karnataka) and Andhra Pradesh and were exempted from motor‑vehicle tax by a notification dated 27 March 1963 issued under Section 9(1) of the Andhra Pradesh Motor Vehicles Taxation Act, 1963. After the Mysore State introduced a sc…

Manzoor Hussain, a tenant of a residential premises in Aligarh, died in 1969 leaving a widow, three sons and a daughter who continued to occupy the premises and pay rent. One son, Nairn, built a separate house in the same city in 1978‑80. The Prescribed Authority, relying on section 12(3) of the Uttar Pradesh Urban Bui…

The workmen of the former Binny & Co. Ltd., now employed by the amalgamated Binny Ltd., claimed a 20% bonus for the financial year 1969 based on a separate profit and loss account prepared for their original unit, which showed a substantial profit. The new company paid only a 4% bonus calculated on the consolidated pro…

The petitioners, members of the Scheduled Caste, challenged their exclusion from appointment as Sub‑Judges in the Delhi Judicial Service despite being on the merit list of the 1980 competitive examination. The High Court had fixed the number of reserved vacancies based on the number of candidates qualifying for general…

The State of Bihar issued a Section 4 notification on 19 August 1974 to acquire 1,034.94 acres in Village Digha for a housing scheme, following the procedural steps under the Land Acquisition Act, 1894. On 24 May 1980, a 4.03‑acre parcel belonging to the influential Pandey families was released under Section 48 without…

The petitioners challenged a combined notification under Sections 4 and 17 of the Land Acquisition Act, 1894, and a declaration under Section 6, on two grounds: a 29‑day delay between the Gazette publication and the public notice of the notification, and an eight‑year inter‑departmental discussion suggesting no urgency…

Petitioners Mohammad Joris and others were sentenced to one month in civil jail by a Single Judge of the Bombay High Court for contempt after breaching an undertaking given in a pending suit. They appealed to a Division Bench under Section 19(1) of the Contempt of Courts Act, 1971, but the appeal was dismissed. The pet…

The petitioners, recruited to the Indian Foreign Service (Branch B) through limited departmental examinations, were promoted to integrated Grades II and III and placed in seniority lists dated June 1979 and June 1983. They challenged these lists, arguing that the lists were prepared on a quota‑rotation system that gave…

Gwalior Sugar Co. employed 800 seasonal workers who worked only during the sugar‑cane crushing season. The employer refused to pay them the minimum bonus guaranteed under Section 10 of the Payment of Bonus Act, 1965, arguing that they were not employed for the whole accounting year. The Industrial Court awarded the min…

Shiva Prasad Das, a forester appointed by the Conservator of Forests, was suspended by the District Forest Officer pending a disciplinary enquiry into alleged negligence. He challenged the suspension before the Orissa High Court, arguing that it violated Article 311(1) of the Constitution and Rule 12 of the Orissa Civi…

The petitioners, owners of khandsari sugar factories in Uttar Pradesh, challenged the applicability of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964 (as amended in 1970) to their product, arguing that what they produce is "khandsari sugar" and not "khandsari" covered by the Act, and that the levy of market fee and lice…

The Uttar Pradesh State prosecuted four police officers for the death of Brijlal, who was arrested on a spurious charge and died in police custody after being beaten. The prosecution relied heavily on Brijlal's dying declaration to the magistrate, which identified the Station House Officer and constables as his assaila…

The appellant, appointed as a Sales Tax Officer on a two‑year probation, continued in service without a confirmation order and was terminated after three years. He challenged the termination before the Gujarat High Court, which dismissed his writ petition and the subsequent appeal. The Supreme Court examined three cont…

The appeal concerned the interpretation of Sections 7, 7A and 8 of the PEPSU Tenancy and Agricultural Lands Act, 1955. The petitioner argued that Section 8, which imposes a minimum tenancy term of three years for tenancies created after the 1956 amendment, does not create an additional ground of termination and that a …

The Supreme Court examined a challenge by the Balmer Lawrie Workers Union (a non‑recognised union) to the constitutional validity of Section 20(2)(b) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 and to Clause 17 of a settlement that required a 15 % deduction from ar…

Hirji Mills Ltd., a textile factory, was wound up and its assets were sold to Sayaji Mills Ltd. The factory remained idle from December 1954 until November 12, 1955, when Sayaji Mills restarted operations, invested fresh capital, renovated machinery and re‑employed about 70% of the former workers. Sayaji Mills claimed …

The Central Government, invoking the Sugar Undertakings (Taking over of Management) Ordinance, 1978, issued a notice to Lakshmi Sugar & Oil Mills Ltd. alleging arrears of cane dues exceeding ten per cent of the total price of cane purchased in the immediately preceding sugar year, and subsequently took over the managem…

Seven persons were tried for a series of murders allegedly committed as part of a criminal conspiracy under s.302 read with s.120B IPC, and for murder under s.302 read with s.34 IPC. The trial court acquitted all of them of the conspiracy charge but convicted two of them (accused 1 and 6) for the murder of Malan. The H…

Rajendra Jha, a dresser in the Steel Authority of India, was dismissed on charges of misconduct. Because an industrial dispute was pending, the management sought approval of the dismissal under section 33(2)(b) of the Industrial Disputes Act, 1947. The Labour Court held the domestic inquiry invalid but also ordered tha…

The petitioner, a passenger, fell from a bogie that was being shunted at a railway station and sustained a hand injury. The Railway Administration argued that the injury was not the result of an "accident to the train" as contemplated by Section 82A of the Indian Railways Act, 1890. The High Court had interpreted "acci…

Major D.P. Kukrety, a commissioned officer of the Indian Army, was tried by a general court‑martial for alleged misconduct in November 1975. The court‑martial found him not guilty, but the finding was sent back for revision and remained unconfirmed. The Chief of the Army Staff then issued a show‑cause notice under Rule…

The Union of India appealed against the Andhra Pradesh High Court's decision striking down Section 28 of the Gold Control Act, 1968 on the ground of excessive delegation of legislative power. Section 28 prohibits a licensed gold dealer from carrying on money‑lending or banking business on the security of any article or…

The respondent, Padinjara Kara Agencies, had purchased goods before 30 June 1974 and later sold them in inter‑state trade. The Kerala General Sales Tax Act increased the purchase tax rate from 3% to 5% effective 1 July 1974. The issue before the Supreme Court was whether the respondent could be taxed on those pre‑June …

The respondent, M/S Padinjarkara Agencies, had purchased goods before 30 June 1974 and held them in stock. After that date the purchase tax rate under the Kerala General Sales Tax Act, 1971 increased from 3% to 5%. The goods were later determined to be the last purchases made within the State because they were sold in …

The appellant, Prakash Amichand Shah, owned a leasehold interest in land in Surat and challenged the reservation of a portion of his land under Town Planning Scheme No. VIII (Umarwada) prepared under the Bombay Town Planning Act, 1954. He claimed the scheme violated Articles 14, 19(1)(f) and 31 of the Constitution beca…

The Supreme Court examined the validity of a two‑year preventive detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against S. H. Hamdani. The Additional Secretary declared that the detainee was likely to abet smuggling in a "highly vulnerable" …

Dr. Karan Singh claimed ownership of six boxes of jewellery and valuable articles stored in the Srinagar Toshakhana, seeking exemption under section 5(1)(xiv) of the Wealth Tax Act as heirlooms. The High Court refused his application for a physical inspection of the items, holding that no useful purpose would be served…

The Ministry of Railways issued a Preferential Traffic Schedule (PTS) under section 27A of the Indian Railways Act, 1890, assigning coal transport to priority ‘C’ subject to five conditions, including loading from collieries. The Gauhati High Court ordered that wagons be allotted under priority ‘C’ only when those cond…

The State of Madhya Pradesh divided the Manasa block into twenty constituencies for the Janapada Panchayat election and, after Gram Panchayat elections were completed, issued a notification on 25 November 1970 to re‑redistribute those constituencies. Devi Lal, a Gram Sabha Sarpanch, challenged the notification under Ar…

Four persons were tried before a Sessions Judge for murder and related offences; Mohinder Singh was convicted under Section 304 IPC and sentenced to seven years' rigorous imprisonment, while the other three were acquitted. The State appealed the acquittals and also appealed Mohinder Singh's acquittal under Section 302 …

The assessee, a Hindu undivided family (HUF) carrying on business, claimed relief under section 25(4) of the Income Tax Act, 1922 for the assessment year 1949-50, asserting that a partial partition of the HUF on 11 October 1948 and the formation of a partnership firm on 12 October 1948 constituted a succession of the b…

The respondent, Hindsons (PJ Ltd.), a dealer in tractors and spare parts, claimed a deduction for sales of belt‑pulley attachments on the ground that they were agricultural implements exempt from sales tax under Entry 34 of Schedule B of the Punjab General Sales Tax Act, 1948. The assessing authority rejected the claim…

The Supreme Court heard writ petitions highlighting that a large number of adivasi persons were being detained in jails without trial for petty offences. The Court observed that many cases were pending for years, violating the right to speedy trial. It directed that adivasi accused facing sentences of seven years or mo…

The petitioner filed a transfer petition under Article 139A(1) of the Constitution seeking to move a writ petition pending before the Rajasthan High Court to the Supreme Court, alleging that the High Court petition raised the same questions as a Special Leave Petition (SLP) already pending before this Court. The petiti…

The plaintiff mortgagor filed five suits for redemption and actual possession of mortgaged land, contending that the mortgagees were not tenants and therefore could be evicted after redemption. The mortgagees argued that they were "deemed tenants" under Section 2A of the Bombay Tenancy Act, 1939 (as amended 1946) and t…

Fomento Resorts and Hotels Ltd. applied to acquire land owned by Gustavo Ranato da Cruz Pinto under Chapter VII of the Land Acquisition Act, 1894. The government issued a preliminary notification under Section 4 in October 1980, followed later by a Section 6 declaration after an agreement with the acquiring company. Th…

The case involved a Hindu Undivided Family (HUF) that received Rs.2,49,874 as insurance proceeds after the death of the Karta's father. The income from this amount was initially taxed in the Karta's personal assessment, but the Income Tax Officer later treated it as HUF income, leading to assessments for assessment yea…

The State of Gujarat acquired certain lands under the Land Acquisition Act, 1894. The tenants (respondents) claimed that they were never served personal notice as required by Section 4(1) and Section 9(3) of the Act, and therefore the acquisition and award were illegal. The High Court held that personal notice to each …

The case concerned the purchase of shares in Escorts Ltd by thirteen overseas companies, predominantly owned by non‑resident Indians, under the Foreign Exchange Regulation Act, 1973 (FERA) portfolio investment scheme. The Reserve Bank of India (RBI) later granted permission for the purchases, which the company had init…

Manmohan Singh Jaitla, a confirmed headmaster of an aided school in Chandigarh, and Amir Singh, a drawing teacher, were terminated by the school's Managing Committee invoking clauses of their employment agreements, without a disciplinary inquiry. Both appealed to the Deputy Commissioner and Commissioner under Section 3…

The respondent, a dealer in stationery, sold ammonia paper and ferro paper and claimed they were unclassified goods liable to tax at 2% under s.3 of the U.P. Sales Tax Act, 1948. The Sales Tax Officer classified them as "paper other than hand made paper" under Notification ST‑3124/X‑1012(4)‑1965, attracting a 6% rate, …

The Union of India appealed against High Court orders that granted seniority benefits to several former State Civil Service officers who had been temporarily appointed as Collectors under Rule 9 of the IAS Cadre Rules, 1954. The respondents argued that their continuous officiation in a senior post should be counted for…

Harsharan Verma filed a writ petition in the Allahabad High Court challenging the continuance of Charan Singh as Prime Minister and S.N. Kacker as minister, alleging that Charan Singh failed to obtain a Lok Sabha mandate within three weeks as directed by the President, resigned on 20 August 1979, and thereafter continu…

The appellant, N. Khamman, was a tenant of P. K. Jain, a former government servant who had been allotted government residential accommodation. A 1975 government order required servants who owned a dwelling in Delhi to vacate such accommodation or pay market rent. The respondent vacated the government house and moved in…

The respondent was assessed for wealth tax on Rs.6,07,690 including jewellery worth Rs.4,15,942 for AY 1969-70. The Appellate Assistant Commissioner (AAC) excluded the jewellery under s.5(1)(viii) of the Wealth Tax Act, 1957, and no appeal was filed, rendering the order final in the ordinary sense. After the Finance (N…

The Andhra Pradesh government reduced the superannuation age for its employees from 58 to 55 years in 1983 and later attempted to reverse the decision by raising it back to 58 years through Ordinance No.24 of 1984 and Act No.3 of 1985. A large number of employees who had been forced to retire under the 55‑year rule cha…

The Deputy Commissioner of Agricultural Income Tax & Sales Tax, Ernakulam appealed against Indian Explosives Ltd., which had imported chemicals, dyes, etc., using its customers' Actual Users' Import Licences and then supplied the goods to those customers. The sales were assessed for sales tax under the Kerala General S…

Hindustan Gum & Chemicals Ltd. challenged the levy of octroi by the Bhiwani Municipal Committee after its factory was brought within municipal limits by a 1965 notification under the Punjab Municipal Act, 1911. The High Court dismissed the writ petition, relying on Section 5(4) of the Act, but the Supreme Court in Atla…

Gopal, a store‑keeper‑cum‑accountant of the Madhya Pradesh Khadi and Village Industries Board, was terminated with one month’s notice. He claimed the termination was retrenchment and sought reinstatement, arguing that the Board was an "industry" under the Madhya Pradesh Industrial Relations Act, 1960 and that the Act’s…

The appellants were convicted for the murder of Bhojraj, arising from a long-standing land dispute. The prosecution relied on the testimony of PW 11, the deceased's guard, who identified the attackers after a short delay, and on extra‑judicial confessions reported by PW 5 and PW 9 that an accused admitted to the killin…

The Supreme Court examined whether a wife and mother who inherited a share in a joint Hindu family property under Section 6 of the Hindu Succession Act ceased to be members of the family for purposes of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. The Court held that the legal fiction in Section …

The case concerned a Hindu religious endowment where the founder, Purushottam Lal, dedicated his property to the deity Gopalji and appointed his wife, Asharfi Devi, as shebait (temple manager) without a power to alienate the property. After Asharfi Devi's death, the appellant, Shambhu Charan Shukla, claimed possession …

The Supreme Court examined two civil appeals filed by tenants (Ganpat Roy and others) who challenged orders notifying a "deemed vacancy" of their non‑residential premises under Section 12(2) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The tenants argued that the District M…

M. Veerabhadra Rao, a junior advocate, attested a forged affidavit (Ex. A‑1) on behalf of respondent Tek Chand, enabling the procurement of an income‑tax clearance certificate and registration of a sale deed. The State Bar Council’s Disciplinary Committee found him guilty of professional misconduct for attesting the af…

A police constable was charged under IPC s.161 and the Prevention of Corruption Act for allegedly accepting a Rs 50 bribe from a taxi driver. The prosecution had laid a trap by treating the money with phenolphthalein, which turned rosy when tested, and recovered the notes from the constable's left pocket. The constable…

The petitioners challenged the constitutional validity of Section 1(3) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, as amended in 1978, which exempts buildings whose construction was completed on or after the Act’s commencement from its provisions for ten years. They argued that the provision creates …

The Rashtriya Mill Mazdoor Sangh filed four references under the Bombay Industrial Relations Act seeking bonus for workmen of Model Mills, Nagpur for the years 1964‑68, alleging the employer was liable under the Payment of Bonus Act, 1965. The employer contended that a notified order under Section 18A of the Industries…

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

In a suit for eviction under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, the landlord sought to have the tenant's defence struck off for failing to deposit rent as ordered under Section 11A. The trial judge refused to strike off the defence, but the High Court reversed that decision, holding that …

Project casual labourers of Indian Railways, who had served continuously for years, were terminated when their projects ended. They filed writ petitions invoking Articles 41, 42 and 14 of the Constitution, seeking security of employment. The Railway Ministry issued a scheme treating such workers as temporary after 360 …

Vengdasalam Pillai, a landholder in Pondicherry, partitioned his property in 1970, allocating land to his two minor sons and retaining a small parcel for himself, while his wife owned land purchased with her Sridhanam money. The land reforms authority deemed his total holding, including his wife’s and sons’ lands, to e…

The Andhra Pradesh government, after coming to power in 1983, reduced the superannuation age for most government employees from 58 to 55 years by issuing an order and two notifications, claiming it would create employment opportunities for youth. Over 28,000 employees were forced to retire, prompting writ petitions cha…

The BHEL Workers' Association and other petitioners alleged that about a thousand contract labourers in the BHEL plant at Hardwar were paid lower wages and denied the same conditions of service as directly employed workers, seeking a declaration under Article 32 that the contract labour system was illegal and that they…

The respondent, a retired government employee, received his pension and gratuity more than two years after retirement, prompting a suit for liquidated damages in the form of interest. The District Court awarded interest at 6% per annum, which the High Court affirmed, and the respondent did not cross‑appeal the rate. Th…

The appellants, holders of stage‑carriage permits, sought to operate their services over routes that were partially nationalised under Chapter IVA of the Motor Vehicles Act, 1939, by imposing "corridor restrictions" (i.e., not picking up or dropping passengers on the nationalised segment). The Supreme Court examined wh…

The widows of former Madras State government servants who retired before the 1956 reorganisation sought family pension under the Tamil Nadu Notification of 26 May 1979. The Tamil Nadu Government later issued a clarification (G.O. MS/63, 18 March 1982) that denied pension where the servant’s last posting was in a territ…

Coromandel Fertilizers Ltd., a manufacturer of various fertilizers, appointed selling agents (E.I.D. Parry Ltd. and Rallis India Ltd.) who received a 3.5% commission on net realizable value for arranging sales. The company claimed (1) exemption from excise duty on its product Gromor NPK 14‑35‑14 under Notification No. …

The petitioner, a proprietor of a food business, filed income‑tax returns that were later found to contain false statements and suppressed transactions after a search of his premises. Complaints were lodged against him under sections 276C and 277 of the Income‑Tax Act and sections 193 and 196 of the Indian Penal Code, …

The plaintiffs, permanent Mirasi tenants, mortgaged their half‑share of Paragana Watan lands to the defendants in 1947. After the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950 abolished the watans, the defendants (or their heirs) paid the occupancy price and obtained a grant of the entire land from the Pran…

The respondent, a union secretary, allegedly fired a pistol at a company manager outside an industrial tribunal, killing him. Three eye‑witnesses (PWs 5, 6 and 7) testified that they saw the shooting and that the accused was seized by them and the police. A cryptic telephonic message about the firing was sent to the po…

Dharmesh Prasad Verma appealed against the election of Faiyazal Azam to the Bihar Legislative Assembly, alleging that Azam committed a corrupt practice under Section 123(5) of the Representation of the People Act, 1951 by procuring a jeep from his friend Kabir Ahmed and using it to convey voters to the polling station …

A batch of 39 candidates filed writ petitions challenging Regulation 104(1) and (3) of the Maharashtra Secondary and Higher Secondary Education Boards Regulations, 1977, which barred inspection, disclosure and re‑valuation of answer books after results were announced. The Bombay High Court split the petitions into two …

Ganu Ram contested a Himachal Pradesh assembly seat reserved for Scheduled Castes. His nomination form did not contain the statutory caste declaration, but he attached a Sub‑Divisional Magistrate's certificate stating he belonged to the Lohar caste. The Returning Officer accepted the nomination and Ganu Ram was elected…

The appellant Sharad Birdhichand Sarda was convicted of murder under s.302 IPC for allegedly poisoning his wife Manju with potassium cyanide and sentenced to death. The prosecution's case rested entirely on circumstantial evidence, including the deceased's letters, oral statements to relatives, and medical reports, but…