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381 judgments · newest first · showing 201–381
In the 1982 Nagaland Legislative Assembly election, N. Horangse was declared elected over M. Tsubongse. Tsubongse filed an election petition alleging that Horangse committed corrupt practice by presenting four red waist‑coats to village leaders to induce their votes, invoking sections 123(1), …
Shankar Dass, a cash clerk, was convicted of breach of trust and released under section 4 of the Probation of Offenders Act, 1958. Despite the probation, the Government dismissed him from service. He challenged the dismissal, arguing that section 12 of the Probation Act barred any "disqualification" …
The Supreme Court heard writ petitions filed by Rural Litigation and Entitlement Kendra challenging the continued operation of numerous limestone quarries in the Dehradun‑Mussoorie area, alleging environmental pollution and ecological damage. The Court examined reports of two expert bodies – the …
Sant Lal, a lessee of a plot of land under a ten‑year lease, granted Avtar Singh a one‑year licence to use a shed for a workshop. After the licence expired, Sant Lal terminated it and sued for a mandatory injunction to vacate the shed. Avtar Singh contended that he had purchased the entire property …
Pratibha Rani, an estranged wife, filed a criminal complaint under s.406 IPC alleging that her husband Suraj Kumar, his father, brothers and brother‑in‑law had misappropriated her stridhan (dowry) worth Rs.60,000 that was entrusted to them at the time of marriage. The Punjab & Haryana High Court …
The Supreme Court considered appeals by temporary lecturers who challenged the Rajasthan Universities Teachers (Absorption of Temporary Lecturers) Act, 1979. The Act allowed absorption of temporary lecturers appointed on or before 25 June 1975, provided they were still in service on 12 June 1978. …
The petitioners, Assistants under the Central Secretariat Service Rules, 1962, challenged the select lists for promotion to Section Officer (1978‑1980) and the common seniority list, alleging that the quota for direct recruitment had broken down, the rota system could not operate, and seniority …
The petitioners, Section Officers of the Central Secretariat Service, challenged the combined seniority list and the method of fixing inter‑se seniority between directly recruited officers and promotees, alleging that Rules 12, 13(5) and Regulation 3(3) of the Fourth Schedule were ultra‑violes of …
The State Transport Authority of Orissa advertised for applications for all‑India tourist permits in 1974. The appellants applied directly for such permits, were granted them, and their subsequent appeals to the State Transport Appellate Tribunal were dismissed. The High Court, however, quashed the …
The Bihar State Harijan Kalyan Parishad filed a writ petition challenging two letters—one from the Ministry of Steel and Mines and another from the Steel Authority of India Ltd.—which denied reservation for Scheduled Castes and Scheduled Tribes in promotions by selection to Group ‘A’ posts with a …
The Food Corporation of India (FCI) employs contract labour through contractors. Contract labourers, organized by the Food Corporation of India Workers' Union, filed a writ petition under Article 32 seeking departmentalisation or, alternatively, the extension of benefits under the Contract Labour …
The appellant, a clerk transferred at his own request from the North-Eastern Railway to the South-Eastern Railway in 1958, was placed below temporary staff in the seniority list of the Sealdah Division, contrary to Rule 312 of the Railway Establishment Manual. He made representations and later filed …
The State of Orissa issued notifications under the Orissa Sales Tax Act, 1947, imposing a 10% purchase tax on bamboos and standing trees agreed to be severed. Petitioners challenged the validity of these notifications, arguing that the transactions were not sales of goods, that the tax amounted to …
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 …
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 …
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 …
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, …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
The vendor, Matbar Mal, who held sirdari rights, deposited the amount required under Section 134 of the U.P. Zamindari Abolition & Land Reforms Act on 28 October 1961 to acquire bhumidari rights and on the same day executed a sale deed in favour of Ram Pyare. A bhumidari certificate was issued only …
The appellant landlord created a three‑year limited tenancy for the first respondent under Section 21 of the Delhi Rent Control Act, 1958, and sought possession of the premises at the tenancy's expiry. After the tenant failed to vacate despite two registered notices, the landlord obtained a warrant …
The appellant sought a higher solatium of thirty per cent on compensation for land acquired under the Land Acquisition Act, 1894, invoking the Land Acquisition (Amendment) Act, 1984 which substituted fifteen per cent with thirty per cent in Section 23(2). The amendment also contained Section 30(2) …
Atul Products Ltd manufactured synthetic organic dyes (cibagenes and cibanogenes) and relied on Notification No. 180/61 dated 23 November 1961, which exempted dyes from excise duty if they were produced from other dyes on which duty had already been paid. The basic dyes used were manufactured before …
The Collector of Kanpur appointed a receiver over Swadeshi Cotton Mills Ltd. and ordered the seizure, attachment and pledge of its 10 lakh shares in Swadeshi Polytex Ltd. The Cotton Mills Company, together with four other shareholders, requisitioned an extraordinary general meeting of Polytex under …
The petitioners were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. While their detention orders were pending before the Gujarat High Court, the Court quashed the orders by exercising its extraordinary jurisdiction, but the same day fresh …
Md. Safiur Rehman, a dock worker, died leaving a widow and son. The Calcutta Dock Labour Board sought attachment of the gratuity payable to Rehman under its scheme to satisfy a decree against the heirs. The Small Causes Court ordered attachment, overruling the Board’s objection that gratuity was …
Muthammal, the absolute owner of certain lands, executed a deed of settlement in 1925 endowing the properties to a family temple and appointed herself as trustee for life. In 1930 she executed a registered deed of cancellation and later alienated the properties, selling them to the father of the …
The Uttar Pradesh Electricity Board fixed a grid tariff for licensees in the Ganga‑Sarda Grid by a notification dated 24 April 1962 under s.46 of the Electricity (Supply) Act, 1948 and enhanced it by 20 % on 30 September 1967. The City Board, a licensee, sought state permission to raise its rates in …
The Regional Transport Authority (RTA) initially issued a notification under s.57(2) of the Motor Vehicles Act, 1939 to invite applications for stage‑carriage permits, but the RTA was later found to be improperly constituted for lacking a non‑official member as required by s.44. After being …
The appellants sought validation of land transfers under the Madhya Pradesh Abolition of Proprietary Rights Act, 1950, which the Collector approved. The Commissioner, invoking section 50 of the Madhya Pradesh Land Revenue Code, 1959, issued a revision of the Collector’s order, which was affirmed by …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
Ramesh Chand was convicted under sections 302 and 34 of the Indian Penal Code for the murder of Om Prakash based on the prosecution's claim that he, along with two others, stabbed the victim at night near Hindon Bridge and was found with a blood‑stained knife. The defence argued that Chand was …
Gold Field Leather Works let a building to a partnership firm, which sub‑let a shop to Manek Chand, who in turn sub‑let it to Sardar Tota Singh in 1952. Gold Field sued Manek for unlawful sub‑letting and obtained a decree for possession; Tota Singh later sued for a declaration that he was a lawful …
The petitioner, a former Sales Tax Inspector removed for proven misconduct, applied for a Head Clerk position with Ahmedabad Municipal Corporation and falsely claimed he had resigned voluntarily, suppressing the fact of his removal. Upon discovery, he was charge‑sheeted and removed again, and his …
Har Sharan Verma filed a writ petition under Article 32 challenging the appointment of K.P. Tewari as a Minister of Uttar Pradesh, contending that the Constitution, as amended by the Sixteenth Amendment (Article 173(a)), required a minister to be a member of the State Legislature. The petitioner …
The plaintiff, Prithwi Chand Lall Choudhary, claimed Rs. 2,00,000 in damages alleging that the State of Bihar, through its manager J.P. Mukherjee, wrongfully took over his estate under the Bihar State Management of Estates and Tenures Act, 1949, and acted with negligence and bad faith. The trial …
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 …
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. …
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 …
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 …
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 …
The landlord filed three ejectment applications against the tenant for possession of a room in Kamla Nagar, Delhi. In the first proceeding (1967) the Rent Controller ordered the tenant to pay arrears under s.14(2) read with s.15 of the Delhi Rent Control Act, 1958; the tenant complied and the …
The tenants of several buildings owned by Hindu, Christian and Muslim religious public trusts and public charitable trusts challenged a 1976 Government of Tamil Nadu notification that exempted all such buildings from the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. They argued that …
The petitioners, tenants in a building owned by an Apex Co‑operative Society, challenged a 1976 notification issued under section 29 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 which exempted all buildings owned by co‑operative societies from the Act’s provisions. They argued that …
The Supreme Court examined the dismissal of an assistant of Hindustan Steel Ltd. who was removed from service under Standing Order 32 on the ground that his continued employment was "inexpedient". The employer dispensed with the disciplinary enquiry prescribed in Standing Order 31 and did not record …
The Supreme Court examined challenges by several property owners against assessments made by the Municipal Corporation of Delhi under the Delhi Municipal Corporation Act, 1957 and the Punjab Municipal Act, 1911. The core issue was how to determine the rateable value of four categories of properties …
The Goa Sampling Employees' Association filed an industrial dispute against its employer, the General Superintendence Co. of India, concerning iron‑ore samplers employed at Mormugao Port in the Union Territory of Goa, Daman & Diu. The Central Government, invoking Section 10(1)(d) of the Industrial …
The petitioners, a consortium of newspaper publishers, challenged the imposition of customs and auxiliary duties on imported newsprint under the Customs Act, 1962 and the Customs Tariff Act, 1975, arguing that the levy infringed their freedom of speech and expression (Art. 19(1)(a)) and the right to …
In 1975 a food inspector collected a 200‑gram sample of suji from the accused, although the Prevention of Food Adulteration Rules required 250 g, and sent it to the public analyst, who reported excessive moisture and ash. The Metropolitan Magistrate acquitted the accused on the ground that the …
The assessee filed voluntary income‑tax returns after the statutory deadline prescribed under s.139(1) of the Income Tax Act, 1961. The Income Tax Officer levied interest under clause (iii) of the proviso to s.139(1) and treated the assessee as in default, imposing penalties under s.271(1)(a). The …
The appellant purchased agricultural land from a tribal seller with collector's permission, but the Sub‑Divisional Officer, invoking the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, ordered restoration of possession to the tribal buyer. The appellant appealed, arguing that …
The State of West Bengal filed a Special Leave Petition under Article 136 challenging a Calcutta High Court order that granted bail to the accused Sudhir Dey and others and appointed the Deputy Inspector General of the CBI as a Special Officer to investigate murder allegations. The Supreme Court …
Two young boys were found dead under mysterious circumstances in Barrackpore, West Bengal, prompting letters to the Calcutta High Court alleging police negligence and demanding an independent investigation by the CBI. The High Court, without giving notice to the State, issued a rule directing the …
The appellants, landlords, obtained a trial decree for possession of a house in Memari, West Bengal, on grounds of rent arrears and need for demolition. The respondent appealed, and while the appeal was pending the West Bengal Premises Tenancy Act, 1956 was extended to Memari, introducing Section 13 …
The Union of India appealed against a Bombay High Court order that had sent the dispute over a staff car of the Technical Advisor to the North Chirimiri Collieries to a civil suit. The car, purchased in 1966 and transferred to United Collieries Ltd., was claimed to be a fixed asset of the mine and …
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 …
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 …
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 …
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 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) …
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 …
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 …
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, …
The General Labour Union (Red Flag) Bombay filed two complaints alleging that the employers, Delta Wires Pvt. Ltd. and Delta Spokes Manufacturing Co., had imposed a lock‑out in violation of the Industrial Disputes Act, 1947 and the Maharashtra Recognition of Trade Unions and Prevention of Unfair …
The petitioner challenged the election of the respondent, who was the Accountant‑in‑charge of Agartala Municipality, on the ground that he held an office of profit under the Government of Tripura within the meaning of Article 102(1)(a) of the Constitution. The High Court held that the municipal post …
The Comptroller and Auditor General framed a 1966 scheme allowing Upper Division Clerks who had served at least 20 years, exhausted all chances to pass the Subordinate Accounts Service Examination, or were over 45, to be appointed as temporary Accountants without needing to pass the exam. The …
The landlord served a notice on 21 October 1969 demanding arrears of rent for a portion of a shop and verandah and claimed termination of the tenancy, thereafter filing an eviction suit under section 12(1)(a) of the Madhya Pradesh Accommodation Control Act, 1961. The tenant deposited the arrears but …
The appellant, Nepal Singh, a temporary Sub‑Inspector of Police, was terminated from service on the ground of alleged corruption and a second marriage without government permission, based on a circular issued by the Inspector General of Police. The termination order was issued by the Deputy …
The case concerned nine seats reserved in the medical colleges of Jammu and Kashmir for candidates from Bihar. Thirty‑five applicants applied, and a merit list of seven candidates was prepared by the Controller of Examinations, which included the petitioner Surendra Kumar. The Chief Minister of …
The Calcutta High Court entertained an oral application in the judge's chambers, without any written record, and issued an interim order maintaining the status quo of a liquor shop auction. The order was made without stating facts, legal questions, or reasons, and was later extended without the …
Javed Ahmed Abdul Hamid Pawala was convicted of multiple murders and sentenced to death on 6 February 1982, with the sentence confirmed by the High Court and subsequent appeals dismissed. After a clemency petition was rejected, he filed a writ petition under Article 32 of the Constitution, arguing …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
The Palai Central Bank Ltd went into liquidation on 8 August 1960. The Income‑Tax Officer assessed its taxable income for AY 1963‑64 at Rs 5,79,678 and held that super profits tax was also payable, directing the bank to file a return under the Super Profits Tax Act, 1963. The bank filed a return …
The petitioners challenged the constitutional validity of the Tamil Nadu Additional Sales Tax Act, 1976 (Act II of 1976) which amended the 1970 Act by introducing graded tax rates based on taxable turnover and prohibiting the passing on of the tax to consumers. They argued that the amendment …
Shri Narakesari Prakashan Ltd and Nav Samaj Ltd, printers and newspaper publishers, were served a notice to pay Employees' State Insurance (ESI) contributions for their administrative and editorial staff from 28 January 1968. They challenged liability for the period up to 19 November 1976, arguing …
Tulsi Ram, a vendor of edible oil, was charged under the Prevention of Food Adulteration Act after a public analyst found cottonseed oil mixed in his soybean oil. The analyst's report was forwarded to him 18 days after the prosecution was instituted, contrary to Rule 9A which requires the report to …
The Haryana State Industrial Development Corporation (HSIDC) underwrote preference shares of Depro Foods Ltd. and the managing director of Depro Foods personally guaranteed the dividend payment, agreeing that any dues could be recovered as land revenue. When the company defaulted on a dividend of Rs …
The landlord sought eviction of the tenants under the Madhya Pradesh Accommodation Control Act, 1961, claiming a bonafide need to demolish the building and construct a gold and silver ornaments factory. The lower courts upheld the eviction, citing sections 12(1)(f) and 12(1)(h), and the tenants …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 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 …
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 …
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 …
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 …
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 …
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 …
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 …
Vallabhapuram Ravi was convicted of murder and sentenced to life imprisonment. While serving the sentence he was transferred by the Andhra Pradesh Government to a Borstal School under section 10‑A of the Andhra Borstal Schools Act, 1925, to remain there until he turned 23. When he was not released …
Raghbir Singh was convicted in a Sessions case on 1 February 1980 for offences under Sections 307 and 459 of the IPC and sentenced to rigorous imprisonment. While serving this sentence, he remained in judicial custody from 11 January 1980 for a separate case that later resulted in a conviction on 16 …
The Managing Director and Production Manager of M/s 5‑S Limited were prosecuted under the Essential Commodities Act for alleged violations of state licensing and price‑control orders. They contended that, under Section 10 of the Act, they could not be prosecuted unless the company itself was also …
The State of Rajasthan, through its District Rehabilitation Officer, sued the Union of India and the Railway Administration in a district court for damages to tents damaged while in transit on Indian Railways. The Union contended that the suit was barred by Article 131 of the Constitution, which …
The Supreme Court examined whether the term "wages" under Section 2(22) of the Employees' State Insurance Act, 1948 encompasses various allowances such as House Rent Allowance, Night Shift Allowance, Heat, Gas and Dust Allowance and Incentive Allowance. The Court held that the Act, being a …
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 …
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 …
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, …
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 …
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 …
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 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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
A batch of students filed writ petitions challenging clauses (1) and (2) of Rule 37 of the Goa, Daman and Diu Secondary and Higher Secondary Education Rules, 1975, which barred inspection and re‑valuation of answer books. The Bombay High Court, relying on its earlier decision in Paritosh Bhupesh …
The Supreme Court examined whether a suit filed by Renusagar Power Co. Ltd. seeking a declaration that three claims (unpaid regular interest, delinquent interest, and compensatory damages) were beyond the scope of an arbitration clause could be stayed under Section 3 of the Foreign Awards …
Sudarsan Chits (India) Ltd. was ordered to be wound up under the Companies Act, 1956, but the High Court held the winding‑up order in abeyance while a scheme of compromise was being implemented. The company sought a direction that the provisional liquidator file claim petitions under section …
The case concerned the inter‑se seniority of promotee judges (appointed by promotion under Rule 16) and direct recruits (appointed from the Bar under Rule 5(2)) to the Delhi Higher Judicial Service. The petitioners, promotees, argued that seniority should be based on their dates of continuous …
The first respondent, H.R. Patankar, was recruited to the IAS in 1955 and assigned the year 1956 as his year of allotment. Several officers promoted from the Gujarat State Civil Service (respondents 3‑9) were also assigned the same year of allotment but began officiating in senior posts earlier than …
The Milli Talimi Mission, a minority teachers' training college, applied for university affiliation in 1977. Despite inspections and recommendations for affiliation by the university and the Education Commissioner, the Bihar Government repeatedly delayed, cancelled, and refused affiliation without …
The petitioners, a group of medical graduates, applied for admission to the post‑graduate medical course at the Srinagar Medical College for the July 1980 semester and appeared for the entrance test, but the result was never declared and no admissions were made for three consecutive semesters (July …
The State of Karnataka appealed to the Supreme Court under Article 136 for special leave to challenge the Karnataka High Court's dismissal of its appeals against the conviction of Surender Kotiankar under Sections 408 and 477A of the Indian Penal Code. The High Court had rejected the State's request …
The case concerned the selection of textbooks and general‑reading books for school and college libraries in Orissa, where the State formed committees that included authors whose books were under consideration. Publishers challenged the selections, alleging bias, lack of standing, and violation of …
The appellant, a headmaster of a private school, was reverted to assistant teacher by the school management after a disciplinary enquiry. He appealed to the Deputy Director of Education, who set aside the management’s order on grounds of violation of natural justice and remanded the case for a fresh …
Nirmal Singh, a Branch Manager of a cooperative bank, was dismissed after an inquiry into a fraudulent draft encashment. He challenged his dismissal, and the Government of Punjab referred his grievance to the Conciliation Officer, who recommended that the dispute be referred to a Labour Court. The …
The wife filed a suit under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights, and a consent decree was passed. After a year, the husband filed a petition under Section 13 for divorce, claiming that no cohabitation had occurred following the decree. The trial court …
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 …
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 …
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 …
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 …
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 …
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 …
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 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) …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
The appellant, a supervisor in the Border Roads Organisation, was terminated during probation and later faced disciplinary action for desertion, resulting in removal from service under the Central Civil Services Rules. He appealed the removal to the Director-General, who dismissed the appeal without …
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 …
The petitioners, owners of vacant urban land, challenged the Urban Land (Ceiling and Regulation) Act, 1976 on grounds that several provisions violated Articles 14, 19(1)(f) and 31(2) of the Constitution and the basic structure doctrine. The Court examined the artificial definition of "family" in …
