Judgments of 1988

SMT. Saiyada was allotted a parcel of land on licence by Hindustan Steel Ltd., a government company, but the licence was cancelled on allegations of encroachment and illegal construction. The company initiated eviction proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, leading to orde…

Karam Chand, a Scheduled Caste clerk, was promoted in 1973 to Deputy Superintendent of the Haryana State Electricity Board under a reservation quota. The promotion order contained a note that the promotion would not confer seniority over others, and the Board later fixed his seniority based on inter‑se seniority in his…

The appellants were promoted to Awai Karkun posts in the Food & Civil Supplies Department, Sholapur, while private respondents holding those posts were ordered to be repatriated to the Revenue Department. The respondents challenged the order as violative of Articles 14, 16 and 309 of the Constitution. The trial court, …

The appellant, a former employee of the respondent firm, resigned in May 1983 and applied for payment of gratuity, which the employer failed to determine. The statutory controlling authority quantified the gratuity at Rs.16,380 and ordered payment of 9% compound interest under Section 8 of the Payment of Gratuity Act, …

Mohd. Akhtar Hussain was first convicted under the Gold (Control) Act, 1968 for possession of 7,000 tolas of foreign‑marked gold and sentenced to seven years' rigorous imprisonment with a fine. While serving that sentence, he was later convicted under the Customs Act, 1962 for smuggling gold worth Rs.12.5 crore and exp…

Larsen & Toubro Ltd. leased a property consisting of vacant land and a building from a charitable trust in 1951. In 1975 the trust sought possession, and the company claimed protection under Section 9 of the Tamil Nadu City Tenant's Protection Act, 1922, seeking a right to purchase the land. The key issue was whether t…

The petitioners, Superintendents of the Delhi High Court, challenged the treatment of their posts as equal status with Court Masters (Readers) and Private Secretaries, arguing that it violated Articles 14 and 16 of the Constitution. They also contested the restriction of the "zone of consideration" for promotion to Ass…

The petitioners were employees of the Gwalior and Northern India Transport Company (GNIT) who were employed before 28 October 1946 and continued in service after the company's takeover by the Government of India in 1948 and later by the Delhi Transport Corporation (DTC). Under clause 7 of the takeover agreement they we…

The appellants, registered firms, filed income‑tax returns after the prescribed time but within the four‑year period allowed under sub‑section (4) of section 139 of the Income‑Tax Act, 1961. The Assessing Officer, invoking that provision and the proviso to sub‑section (1), levied interest on the tax as if the firms wer…

J.K. Cotton Spinning & Weaving Mills Ltd., a composite mill, produced yarn as an intermediate product and then wove it into fabrics on the same premises. The issue was whether the yarn was liable to central excise duty under the amended Rule 9 and Rule 49 of the Central Excise Rules, 1944, which were given retrospectiv…

Andhra Pradesh Rayons Ltd. manufactures rayon grade pulp and was assessed water cess under the Water (Prevention and Control of Pollution) Cess Act, 1977, which levies a cess on specified industries listed in Schedule I. The Appellate Committee held the pulp industry to be a textile industry, but the Andhra Pradesh Hig…

The Government of Maharashtra issued a resolution on 23 May 1974 reserving a percentage of promotional vacancies for backward classes. The Municipal Corporation of Greater Bombay adopted this policy through its own Resolution No. 567 dated 12 September 1975, which was not brought into force immediately. Respondent Mrs.…

The Supreme Court entertained a public‑interest writ filed by Rural Litigation & Entitlement Kendra alleging illegal limestone mining in the Mussoorie‑Dehradun belt that was harming the ecology and forest cover. Several expert committees (Bhargava, Working Group, Bandyopadhyay) classified the mines into categories A, B…

The plaintiffs, owners of two houses, had an easement allowing the defendants to discharge water through three morries on the defendants' roof onto the plaintiffs' land. The defendants later added two storeys, blocked the original morries and opened nine new morries, directing a larger volume of water onto the plaintif…

The appellant, an advocate, was alleged to have withdrawn a suit as settled without the client’s instructions, leading the Bar Council of India to suspend him for three years for professional misconduct. The Supreme Court examined whether the disciplinary proceeding complied with principles of natural justice, specific…

The petitioners, representing Scheduled Caste and Scheduled Tribe employees of the Posts & Telegraphs (P&T) Department, challenged a 1983 government policy that removed the earlier reservation advantage that allowed them to be promoted after 10‑12 years, replacing it with a uniform 16‑year rule for all employees. They …

Ajay Canu, a student with a two-wheeler licence, challenged a Hyderabad police notification and Andhra Pradesh Motor Vehicles Rule 498-A that made wearing crash helmets compulsory for motorcycle and scooter riders. He argued that the rule was ultra vires the Motor Vehicles Act because Section 85‑A had not been brought …

The petitioners, Suresh Ragho Desai and another, participated in an arbitration proceeding in 1979 without objection and an award was rendered in 1981. They later challenged the award on the ground that it was unreasoned and that relevant documents had not been considered. The Bombay High Court dismissed the challenge,…

Sheela Barse filed a public interest writ (Criminal) seeking the release of children detained in jails and various remedial measures. Dissatisfied with delays and alleging loss of dignity, she filed a miscellaneous petition to withdraw the main PIL, claiming a right to be the petitioner‑in‑person and to control the pro…

Aditya Mills Ltd. produced a yarn called PPRF, made by doubling two plies of polyester spun yarn with one ply of rayon filament yarn. The company claimed that excise duty had already been paid on the component yarns and sought to clear the product under Rule 173B of the Central Excise Rules. The authorities directed th…

The Secretary to the Government of Tamil Nadu sought to enforce a bridge construction contract, while the contractor claimed damages and refund of earnest money. The contract contained an arbitration clause naming the Superintending Engineer of the relevant circle as arbitrator. During arbitration the arbitrator was tr…

The first meeting of the Aurangabad Municipal Corporation was convened on 6 May 1988 to elect the Mayor, Deputy Mayor and Standing Committee members. A violent disturbance broke out when opposition councillors seized ballot boxes and chairs were thrown, prompting the Municipal Commissioner to adjourn the proceedings at…

The Gujarat government, under section 49(2) of the Gujarat Sales Tax Act, 1969, issued notifications granting a lower sales‑tax rate to electronic goods manufactured within Gujarat while imposing a higher rate on identical goods imported from other states. Weston Elektroniks and other manufacturers located outside Guja…

The appellant, a former Chief Minister of Maharashtra, was prosecuted for corruption offences under the Indian Penal Code and the Prevention of Corruption Act. The Supreme Court, in an earlier order dated 16.2.1984, suo motu transferred the case from the Special Judge to the Bombay High Court for speedy trial. The appe…

The International Airport Authority of India (IAAI) entered into a construction contract that contained an arbitration clause. When disputes arose, the Chief Engineer appointed K.D. Bali as sole arbitrator under the Arbitration Act, 1940. IAAI later challenged the arbitrator’s authority, alleging bias and seeking revoc…

Hameedia Hardware Stores, a partnership, was a tenant of both residential and non‑residential portions of a building owned by the respondent. After the lease expired, the respondent filed an eviction petition under section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming his wife n…

The landlord, a retired government servant, filed an eviction petition under Section 13‑A of the East Punjab Urban Rent Restriction (Amendment) Act, 1985, claiming the premises for his own residence. The tenant argued that the landlord was not a "specified landlord" within the meaning of Section 2(hh) because he had le…

The appellants, Darshan Singh and Buggar Singh, were convicted of murdering Mukand Singh, his wife Pritam Kaur and daughter Harbans Kaur. The prosecution alleged a property‑dispute motive, asserting that the accused sought to eliminate heirs to a share of agricultural land. The defence challenged the motive, the timing…

The appellants purchased land that had been leased to former Prime Minister Dewan Bishen Dass as a Wasidari lease under Ailan No. 10 and the Jammu & Kashmir Land Grants Act, 1960. The sale to the appellants in 1967 was made by the legal heirs without the required government permission, violating Section 12(A) of the La…

Subodh Chandra Das, an operator with Hindustan Fertilizer Corporation, claimed that his date of birth recorded as 1‑June‑1931 was incorrect and sought its alteration to 20‑Oct‑1938 based on a medical certificate. The Patna High Court rejected the alteration but, citing his domestic problems, ordered that he be reappoin…

The landlord served a notice of rent arrears and termination of tenancy by registered post, which was returned undelivered, and subsequently affixed a copy of the notice on the premises. The tenant argued that the statutory requirement under Section 11 of the Jammu & Kashmir Houses and Shops Rent Control Act, 1966, dem…

The respondent, Protein Products of India Ltd., manufactures ossein and gelatine from crushed bones and claimed exemption from excise duty under the 30 June 1979 notification that listed "crushed bones and bone products" as exempt items. The Customs, Excise and Gold (Control) Appellate Tribunal held that these products…

Jay Engineering Works Ltd., a manufacturer of electric fans, affixed nameplates (tariff item 68) to its fans and claimed proforma credit under Notification No. 201/79‑CE, which allows credit for inputs used in the manufacture of excisable goods. The Assistant Collector disallowed the credit, but the Collector (Appeals)…

The Delhi Water Supply and Sewage Disposal Committee appointed several Assistant Engineers as Executive Engineers on a one‑year ad‑hoc basis, after which their services were regularised on 8 January 1971. The seniority list prepared by the Undertaking excluded the ad‑hoc period and was based solely on the rankings in t…

The petitioner, Kaliappan, owned a ten-and-a-half cent plot in Kozhippathi Village, Kerala, which the State sought to acquire for public purpose. A declaration under the Kerala Land Acquisition Act was published on 19 January 1984, and the Land Acquisition (Amendment) Act, 1984 came into force on 24 September 1984, int…

N.M. Goel & Co., a building contractor, entered into a works contract with the Central Public Works Department (PWD) for construction of a godown. Under clause 10 of the contract, the PWD supplied iron, steel and cement from its stores, retained ownership of the materials, and deducted their value from the contractor's…

U.P. Hotels entered into a bulk‑supply agreement with Agra Electric Supply Co. which was later taken over by the U.P. State Electricity Board (SEB). The SEB unilaterally imposed a uniform tariff under section 49 of the Electricity Supply Act, 1949, withdrawing agreed discounts. The dispute was referred to arbitration; …

B.K. Mohapatra, an assistant teacher appointed in a 'B' type High School in 1953, challenged a 1964 rationalisation scheme that counted his seniority only from the date the schools were converted into government schools (June 1, 1964) and dealt with the contributory provident fund. The State of Orissa argued that the 1…

The petitioners, a cooperative housing society, applied to the New Okhla Industrial Development Authority (NOIDA) for permission to develop their land under the Authority's building bye‑laws, but NOIDA refused, citing its statutory duty to prepare a master plan for the industrial‑urban township. While the writ petition…

The appellant, the son of a temple priest, cultivated three agricultural plots belonging to the respondent landlord and received the entire crop as payment for his services as pujari and caretaker of dharamshalas. The landlord sued for possession, and the lower authorities initially held the appellant to be a tenant, a…

The Math (Mahant Dhangir) challenged earlier alienations of its property made by a former Mahant, Lalgiri, which included a 99‑year lease and a sale to Madan Mohan. The trial court declared the lease void but denied possession; the High Court Single Judge declared the sale void but gave no possession decree, and upheld…

Doordarshan invited proposals for TV serials on themes such as national integration and set detailed guidelines for submission. Fasih Chaudhary (petitioner) submitted a complete proposal on Mirza Ghalib, while Gulzar (respondent No.2) initially sent only a theme letter but later completed his proposal. Doordarshan sele…

The State of Uttar Pradesh issued a demand notice for electricity duty on power supplied by Renusagar Power Co. to its wholly‑owned subsidiary Hindalco. The High Court quashed the demand, holding that Renusagar was Hindalco's own source of generation and that the State had not complied with natural‑justice requirements…

The case involved teachers employed in recognised aided private schools in Haryana who alleged that their salaries and allowances were lower than those of teachers in government schools, contrary to the Kothari Commission's recommendation of equal pay scales. The State of Haryana had initially implemented parity in 196…

Indian Oxygen Ltd., a manufacturer of compressed oxygen and dissolved acetylene, sold its products to government undertakings at rates fixed by the Department of Goods and Services and to other buyers at higher slab‑based prices, also levying delivery, collection, cylinder deposit and rental charges. The company claime…

The Supreme Court examined writ petitions filed under Art.226 challenging the location of Revenue Mandal Headquarters in Andhra Pradesh, which had been notified under sub‑section (5) of Section 3 of the Andhra Pradesh Districts (Formation) Act, 1974. The High Court had, in some cases, quashed the final notifications an…

The respondents, manufacturers of cycle lamps and automotive chains, sought to have the factory‑gate price treated as the assessable value for excise duty, arguing that their distributors were not "related persons" under Section 4(c) of the Central Excises and Salt Act, 1944. The Assistant Collector had held the distri…

The respondent, Kutty Flush Doors & Furniture Co. Ltd., sought classification of sawn and dried timber as non‑excisable, arguing that sawing logs into various sizes does not amount to manufacture. The Assistant Collector and the Collector held that the conversion creates a new article and levied excise duty under Tarif…

The Food Corporation of India entered into a charter‑party with Great Eastern Shipping for bulk cargo transport and later disputed demurrage and overtime charges. The contract required joint arbitration, each party appointing an arbitrator; the appellant’s arbitrator was instructed in writing to give reasons for his aw…

Aditya V. Birla, a technician, entered into a three‑year agreement with Thai Rayon Company to provide services in Bangkok and sought approval from the Indian Government to claim a deduction under Section 80RRA of the Income Tax Act, 1961. The Government refused, contending that the provision applied only to "employees"…

Sir Shadi Lal and Sons, a Hindu undivided family, leased a house and the lease required the tenant to keep the premises in good repair, while the lessor would handle major structural repairs. The Assessing Officer initially allowed a deduction for repairs under s.24(1)(i)(a) of the Income Tax Act, 1961, but on reopenin…

The petitioners, who held permanent stage‑carriage permits for non‑notified routes, applied to the competent authority under the U.P. Motor Vehicles (Special Provision) Act, 1976 for authorisation certificates to ply on the notified Unnao‑Kanpur and Lucknow‑Barabanki routes. Their applications were rejected, and they u…

The Supreme Court examined whether the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act 13) applies to cantonment areas in Uttar Pradesh and whether the Central Government’s notifications of 1 Sept 1973 and 17 Feb 1982, issued under the Cantonments (Extension of Rent Control Laws)…

Calcutta Steel Industries classified its thin rectangular steel products (thickness <3 mm, width <75 mm) as bars under Central Excise Tariff Item 26AA(ia). The Assistant Collector of Central Excise, and later the Collector, held that the same products fell within the definition of "hoops" and should be taxed under Item…

The State of Kerala appealed against the Agro Industrial Trading Corporation, which claimed exemption from sales tax on PVC cloth under item 7 of the Kerala General Sales Tax Act, 1963. The issue was whether the definition of "cotton fabrics" referred to in the Act, taken from the Central Excises and Salt Act, 1944, sh…

The respondent was detained under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 and the matter was referred to an Advisory Board. The Board heard senior police officials representing the State but denied the detainee any assistance of a lawyer or a ‘friend’, despite th…

The State Government of Rajasthan, under section 104 of the Rajasthan Municipalities Act, 1959, issued notifications revising octroi rates for cloth in the Abu Road municipality (1964) and later for all cloth in Sujangarh municipality (1976). Both were challenged on the ground of discrimination and violation of Article…

The State Government notified lands belonging to Godrej & Boyce for acquisition in 1961, declared acquisition in 1965 and issued compensation notices in 1966, but took no further action. The lands were later occupied by slum dwellers, and the respondent repeatedly urged the government to remove the encroachments and aw…

The petitioners were daily‑rated casual labourers in the Posts and Telegraphs Department who were classified into unskilled, semi‑skilled and skilled categories and further divided by length of service, receiving wages far below the minimum pay of regular employees. They sought equal pay, regularisation and a scheme fo…

The appellants, who had joined the Gujarat Subordinate Secretariat Service as clerks‑cum‑typists before the 1960 bifurcation of Bombay State, challenged the Gujarat Subordinate Secretariat Service (Seniority of Assistants) Rules, 1977. The Rules, framed with retrospective effect from May 1, 1960, fixed seniority among …

The appellant, D.K. Soni, a tenant, challenged an order allowing the landlord, P.K. Mukerjee, to evict him on the ground of personal need under the U.P. Temporary Control of Rent and Eviction Act. The landlord obtained a final permission for eviction before the 1972 Urban Buildings Act came into force, and later execut…

In the 1985 Uttar Pradesh Legislative Assembly election for constituency No. 41, Smt. Pushpa Devi was declared elected with 23,006 votes, defeating the runner‑up by a margin of 2,271 votes. A candidate (Respondent No. 8), a college teacher, secured 3,606 votes, exceeding that margin. An elector, Sarnam Singh, filed an …

Three private operators whose stage‑carriage permits on an inter‑state route were about to expire applied for renewal under section 58 of the Motor Vehicles Act. Simultaneously the Rajasthan State Road Transport Corporation applied for fresh permits for the same route. Both sets of applications were heard together by t…

Ram Chander operated a tailoring shop employing about 10‑12 tailors and used an electric iron for stitching and finishing garments. The issue was whether, under the Notification of 20 September 1975 issued under Section 1(5) of the Employees' State Insurance Act, 1948, his establishment fell within the Act’s coverage. …

The Bench Secretaries of the Allahabad High Court were split into Grade I and Grade II, with the former receiving a higher pay scale, while all performed the same duties. They challenged this bifurcation before the High Court, arguing that it violated Articles 14 and 39(d) of the Constitution guaranteeing equal pay for…

A public‑interest writ under Article 32 of the Constitution was filed concerning the deplorable conditions at the Mental Hospital, Kanke, Ranchi. The Court ordered the State of Bihar to file a counter‑affidavit and directed a Chief Judicial Magistrate to inspect the hospital, whose report revealed severe shortages of w…

Ikramuddin Ahmed Borah, a Sub‑Inspector of Police in Assam, was appointed by the Principal Police Training College under the Assam Police Manual. He was dismissed by the Superintendent of Police, Darrang, invoking clause (b) of the second proviso to Article 311(2) of the Constitution on the ground that an inquiry was n…

The landlord filed a suit for possession of premises under the West Bengal Premises Tenancy Act, 1956. The tenant filed a written statement but later failed to comply with court orders to deposit rent and his defence was struck out under s.17(3) of the Act. The tenant appealed, contending that even after his defence wa…

The North Bihar Regional Transport Authority (RTA) advertised for applications to grant stage‑carriage permits on routes that crossed into South Bihar. The petitioner challenged the authority’s power to issue such inter‑regional permits without a prior agreement with the South Bihar RTA, arguing that the Motor Vehicles…

Miss A. Sundarambal, a school teacher, was terminated by the management of a school run by the Society of Franciscan Sisters of Mary. She sought relief under the Industrial Disputes Act, 1947, but the Government of Goa declined to refer her dispute to a Labour Court, holding that she was not a "workman" within the mean…

S.K. Sharma was appointed Assistant Engineer‑II on probation on 10 June 1963 and completed the two‑year probation in June 1965. A disciplinary proceeding in 1968 imposed a minor penalty of stoppage of one increment for one year, which had no future effect on his seniority. Although his probation was satisfactorily comp…

The petitioners challenged the University of Delhi's 1988 admission scheme for postgraduate medical courses, which, as a transitory measure, barred candidates who had completed a one‑year housemanship (seniors) from the new three‑year degree and two‑year diploma programmes and used a single common entrance test for bot…

Bakulabai filed a Section 125 CrPC application for maintenance for herself and her son, claiming a lawful marriage with Ganga Ram, who denied the marriage and alleged prior existing marriages. The Judicial Magistrate granted maintenance, but the Sessions Judge reversed the decision; the High Court dismissed Bakulabai's…

The deceased Kamail Singh was attacked by his neighbour Paul Singh, who struck him repeatedly on the head with the handle of a tractor, causing his death. Two eyewitnesses, Jagtar Singh and Kuldip Singh, were present and identified the accused, and the tractor handle recovered from the scene was found to be stained wit…

Ashok Kumar was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on allegations of illegal foreign‑currency and gold transactions. The grounds of detention were served on 21 March 1987, but the material documents on which the Detaining Authority relied…

Smt. Yamunabai married Anantrao Shivram Adhav in June 1974 while he already had a living wife. The marriage, performed under Hindu rites, was challenged for maintenance under Section 125 of the Criminal Procedure Code. The trial court and the Bombay High Court dismissed her claim. The Supreme Court examined whether a w…

The case arose from suo moto proceedings initiated by a revenue officer under Section 44(2a) of the West Bengal Estates Acquisition Act, 1953, which were reopened after a High Court order in 1982. Ashit Nath Das appealed the final order before the 9th Additional District Judge and, after obtaining the opinion of the Ad…

The Union of India appealed a Bombay High Court judgment that had quashed an order dividing electoral constituencies for the election of a Works Committee under the Industrial Disputes (Central) Rules, 1957. The order sought to create multiple constituencies to represent various sections of workers, even though the M.T…

The All Bihar Christian Schools Association, a religious minority society, challenged the Bihar Non‑Government Secondary Schools (Taking over of Management and Control) Act, 1981, alleging that sections 3 and 18 interfered with its Article 30(1) right to establish and administer minority schools. The Court examined whe…

The landlord sought eviction of a tenant who was using a building for non‑residential purposes, claiming a bona‑fide need to occupy the premises himself as a residence. The Rent Controller, the Appellate Authority, the District Judge and the Kerala High Court all upheld the landlord’s claim under Section 11(3) of the K…

Kosan Metal Products Ltd, a manufacturer of LPG valves, claimed a set‑off of excise duty on brass rods received from another company under Notification 178/77. The rods were later re‑classified, and the Superintendent of Central Excise issued a show‑cause notice under Rule 10 demanding recovery of Rs 51,261.88 and a pe…

Andhra Sugar Ltd. manufactured acetic anhydride and claimed refunds of excise duty, asserting that the product was a "drug intermediate" exempt under Notification 55/75 CE (as amended by 62/78 CE). The Assistant Collector allowed the refund, but the Collector (Appeals) reversed the order, and the Customs, Excise and Go…

The National Agricultural Cooperative Marketing Federation of India Ltd. entered into two contracts with Swiss firm Alimenta S.A. for groundnut supplies, but a government export ban prevented performance. The first contract contained an arbitration clause, leading Alimenta to invoke arbitration through FOSFA, while the…

Gupta Sugar Works, a Khandsari sugar manufacturer, challenged the Uttar Pradesh Khandsari Sugar (Levy) Order, 1981 which required surrender of 50% of first‑process output at a fixed price of Rs 320 per quintal. The petition alleged that the price fixation ignored the guidelines of sub‑section 3C of the Essential Commod…

The Delhi Development Authority (DDA) adopted CPWD rules that required different periods of service for promotion of Graduate Engineers (3 years as Junior Engineers) and Diploma‑Holder Engineers (8 years) to Assistant Engineer, and similarly different experience for promotion to Executive Engineer. Diploma‑Holder engin…

The petitioner, Juggal Kishore, claimed that lands leased to tenants under the Bombay Tenancy & Agricultural Lands (Vidarbha Region) Act, 1958 should be excluded from his family unit's holdings in the ceiling proceedings under the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961. The Sub‑Divisional Officer…

The tenant applied for allotment of a shop after the sole occupying co‑owner vacated it. The Rent Controller allotted the shop to the tenant, but a non‑occupant co‑owner (a landlord) filed a review application under section 16(5) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, within 2…

The petitioners, canteen workers in three defence establishments at Kanpur, retired after 22‑Oct‑1980 and claimed that their service in the canteens prior to that date should count as qualifying service for pension. The Union of India contended that before 22‑Oct‑1980 the canteens were managed by Canteen Managing Commi…

Anoop Wines, a dealer in foreign liquor, commenced business on 1 May 1976. A sales‑tax survey directed the dealer to register for the assessment years 1976‑77 and 1977‑78, which it failed to do. The Sales Tax Officer imposed a penalty of Rs.4,500 under Section 15A(1)(g) of the Uttar Pradesh Sales Tax Act, 1948 for non‑…

Three categories of Doordarshan staff artists (Cameraman Grade‑II, Sound Recordist and Lighting Assistant/Lightman) challenged a government order that gave them lower fee scales than their counterparts in the Film Division of the Ministry of Information and Broadcasting. They argued that they performed identical duties…

The State of Uttar Pradesh appealed to the Supreme Court under Article 136 against the Allahabad High Court's acquittal of Anil Singh, who had been convicted by the trial court for the murder of his former classmate Keshav Kumar. The High Court had dismissed the prosecution's case, disbelieving the three eyewitnesses o…

The Supreme Court examined an appeal by the Uttar Pradesh Commissioner of Sales Tax against a decision of the Allahabad High Court that had remitted a sales‑tax exemption dispute to the Tribunal for further evidence. The respondent, a dealer in pulses, claimed exemption under s.30(2) of the U.P. Sales Tax Act for purch…

Mahalakshmi Glass Works manufactured glass bottles and sold them packed in gunny bags and cartons, which it claimed were durable and returnable, and therefore the cost of such packing should be excluded from the assessable value under Section 4(4)(d)(i) of the Central Excises and Salt Act, 1944. The company paid duty o…

The appellant, an Additional District and Sessions Judge on a two‑year probation, was dismissed after the High Court, relying on a vigilance inquiry and several complaints—including a Bar Association resolution—concluded his work and conduct were unsatisfactory. The appellant argued that his dismissal without a hearing…

Appellant No.1, Laxmi Raj Shetty, was convicted of murder, robbery and house trespass and sentenced to death, while his father, Appellant No.2, Shivram Shetty, was convicted of harbouring and possessing stolen property. The prosecution relied entirely on circumstantial evidence, including the accused's knowledge of the…

The petitioners, shareholders of Swadeshi Cotton Mills Co. Ltd., challenged the constitutional validity of sections 3 and 4 of the Swadeshi Cotton Mills Ltd. (Acquisition and Transfer of Undertakings) Act, 1986, alleging that the forced vesting of shares in the Central Government amounted to confiscation without compen…

Sudha Devi sued the tenant (defendant 1) for non‑payment of rent and wrongful sub‑letting, and also sought possession against a third defendant who allegedly occupied the flat after a decree. The defendants did not appear, and an ex‑parte decree was passed based on the plaintiff’s sole witness. The third defendant appe…

The appellant, a civil servant of Uttar Pradesh, was charged with misuse of travel allowance and his case was referred to the U.P. Administrative Tribunal. After an initial report finding several charges proved, the appellant submitted a reply to a show‑cause notice and the Tribunal re‑appraised the evidence, concludin…

Ayya alias Ayub, while already in judicial custody for alleged offences, was detained under Section 3(2) of the National Security Act, 1980 on three grounds alleging threats to public order. The petitioner challenged the detention, arguing that the first two grounds (non‑cognizable bus attacks) lacked a rational nexus …

The appellant, a former advocate, joined Hindustan Shipyard, a Government of India undertaking, and later applied for a District Munsif post under the Andhra Pradesh State Judicial Service Rules. The recruitment rules required three years of legal practice, but a proviso allowed candidates already in "Government servic…

The petitioners, convicted by a General Court Martial under the Army Act, 1950 and sentenced to imprisonment, were lodged in civil jails and sought to set off the period of their pre‑trial detention against the term of imprisonment under section 428 of the Code of Criminal Procedure (CrPC). The jail and army authoritie…

The landlord filed an eviction suit under Section 12(1)(e) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bona‑fide need for the premises. The tenant contested, asserting the landlord already had sufficient accommodation and the suit was to raise rent. The trial court ordered eviction, but the first …

Shyamaraju Hegde appealed to the Supreme Court against a Karnataka High Court order dismissing his revision petition under Section 115 of the Code of Civil Procedure read with Section 50(1) of the Karnataka Rent Control Act. The High Court had relied on its own Full Bench decision in M.M. Yaragatti v. Vasant, which hel…

The Supreme Court was asked to finalise the scheme for an All India entrance examination to fill the 25% of postgraduate medical seats reserved on the basis of institutional preference, following its earlier judgment in Dr. Pradeep Jain v. Union of India. The Court considered three ancillary issues: the structuring of …

Dr. Smt. Kuntesh Gupta, appointed principal of Hindu Kanya Mahavidyalaya, was suspended and later dismissed by the Authorized Controller under the U.P. State Universities Act. The Vice‑Chancellor stayed the suspension, disapproved the dismissal and reinstated Gupta, allowing the Controller to impose a lesser penalty. W…

Seven accused were convicted of offences including attempt to murder (s.307/149 IPC) and assault (s.325/149, s.323/149, s.148 IPC). The High Court acquitted them of the attempt to murder charge, released them on probation under s.360 CrPC, and ordered each to pay Rs.2,500 compensation to the victim Joginder, who suffer…

The State of Orissa contracted Lall Brothers to complete a minor irrigation project, which was finished late. Disagreements over the final payment led the contractor to invoke the arbitration clause, resulting in the appointment of an arbitrator who awarded a lump sum of Rs. 14.67 lakh with interest. The State challeng…

The appellant, Jhummamal, was leased a shop by the mortgagee and took possession on 7 August 1982, which was contested by respondent No.2. The police initiated proceedings under Section 145 of the CrPC, and the Sub‑Divisional Magistrate eventually ordered that Jhummamal be entitled to possession. The respondent filed a…

Kashmeri Devi, the widow of a tonga driver who died in police custody, alleged that two sub‑inspectors and two constables beat her husband to death after arresting him. A complaint was filed and the case was initially registered under IPC Section 302, later converted to Section 304 and subsequently to Sections 323/342,…

The respondent, Subhash Chandra Yadav, was appointed as Sub‑Charge of the Cantonment General Hospital, Lucknow, and later transferred to Varanasi under Rule 5‑C of the Cantonment Funds Servants Rules, 1937. He challenged the transfer, arguing that Rule 5‑C, which permits inter‑Board transfers, exceeded the rule‑making …

The petitioner, a wife, filed a writ under Article 32 challenging the constitutional validity of Sections 198(1) and 198(2) of the Criminal Procedure Code, arguing that the provision allowing only the husband of an adulteress to file a complaint under Section 497 of the IPC discriminates against women under Article 14.…

In a 1986 Panchayat election, the first respondent was declared elected with 649 votes while the petitioner secured 556 votes. The petitioner alleged irregularities and filed an election petition under Section 178 of the Tamil Nadu Panchayats Act, seeking a recount and declaration of his election. The Election Tribunal…

The appellant, an MBBS graduate from Andhra Pradesh, married a Maharashtra government medical officer and obtained a supernumerary housepost in Obstetrics and Gynaecology under Rule X(2) of the Maharashtra regulations to become eligible for a postgraduate M.D. course at Dr. V.M. Medical College, Solapur. After completi…

The appellant, a registered owner of a motor vehicle operating as a stage carriage under a permit, was assessed additional tax under section 8 of the Karnataka Motor Vehicles Taxation Act, 1957 because on some occasions he carried more passengers than permitted. The High Court upheld the demand, relying on Noorullha Kh…

The Municipal Corporation of Greater Bombay reserved a parcel of land for a recreation ground under the final development plan of 1967 but failed to acquire it within ten years. The trustees of the land served a purchase notice on 1 July 1977, which the corporation received on 4 July 1977. Section 127 of the Maharashtr…

The petitioners, Sadiq Bakery and others, filed writ petitions challenging the imposition of sales tax and surcharge on bread, rusk and bun under the Andhra Pradesh Sales Tax Act, 1957, arguing that bread and biscuits constitute a homogeneous class and should be taxed at the same rate. They contended that the different…

The petitioners, holders of long‑term licences to collect sal seeds from forest divisions in Orissa, challenged a 1982 State notification that they claimed rescinded their royalty contracts. The Supreme Court had earlier held that the 1981 Forest Produce Act and the notification did not apply to forest produce grown in…

The case concerned a suit filed by Hari Shanker, a land holder under the United Provinces Tenancy Act, 1939, against his tenant Habib for sub‑letting the land to Ida for a period exceeding five years, contrary to Section 40 of the Act. The suit, instituted under Section 171, was decreed in favour of Hari Shanker, but t…

The petitioners, appointed as ad‑hoc Assistant Medical Officers (AMOs) in the Indian Railways between 1983 and 1986, challenged the Railways' decision to terminate their services and deny regularisation, alleging violation of Articles 14 and 16 of the Constitution. They contended that the 1977 Recruitment Rules did not…

Major (Retd.) Inder Singh Rekhi constructed 240 Janta houses for the Delhi Development Authority, completing the work on 2 April 1980. After the work was finished, he repeatedly requested the Authority to finalise the bills, sending the first letter on 28 February 1983 and a final notice on 4 September 1985, and therea…

The case involved descendants of a common ancestor who had partitioned their agricultural land in 1955 and later their residential properties. A memorandum of partition (Exh. P‑12) dated 3 August 1955, later confirmed by a settlement (Exh. P‑1) on 31 January 1971, listed the properties allotted to each party. The dispu…

The Andhra Pradesh Revenue Subordinate Service Rules, 1961 provided for appointment of Deputy Tehsildars by direct recruitment or transfer, with seniority to be determined under Rule 33(a) of the General Rules. Direct‑recruit Deputy Tehsildars challenged the seniority accorded to them over promotee Deputy Tehsildars, b…

The case involved a murder at Sadar Hospital where Hare Krishna Singh and six others were alleged to have fired upon the deceased Jitendra Choudhary, resulting in his death. The appellants challenged their convictions on several grounds, including the prosecution’s failure to explain injuries sustained by Hare Krishna …

The petitioners, directly recruited Assistant Engineers, challenged the Chief Engineer's order that retrospectively regularised the temporary service of promotees from 1972‑75 to the Assistant Engineer cadre, alleging it violated the Andhra Pradesh (Roads and Buildings) Engineering Service Rules, 1967. The Court examin…

The appellants, directly recruited Assistant Engineers in 1966, claimed promotion to Executive Engineer on the basis that they were senior to promotee Assistant Engineers (respondents 3 and 4) who had been temporarily appointed in 1959‑1960 and regularised in 1961 under Rule 23(a) of the Andhra Pradesh State & Subordin…

M.H. Mazumdar retired as a Supply Inspector of the State of Maharashtra and, after retirement, was served with a charge‑sheet alleging misconduct and negligence during his service. An enquiry was held, he was given a chance to defend himself, and the Collector found one charge proved and another partially proved, recom…

Spaco Carburetiors (India) Ltd imported a special purpose complex machine used to plug holes in carburetor bodies with lead shots. The Revenue classified it under entry 84.59 of the Customs Tariff (residuary entry) attracting 60% duty, while the importer argued it fell under entry 84.45/48 (machine tools) attracting 40…

The appellant Vijay Kumar was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) after the Directorate of Revenue Intelligence seized smuggled gold biscuits linked to him. He was already in custody on a charge under section 135 of the Customs Act when the det…

The husband of the respondent filed a suit for eviction, arrears of rent and damages against the appellants who were tenants. The trial court decreed in his favour, but the appeal was pending when he died; his legal representatives and the minor children under the mother’s guardianship were substituted. A compromise pe…

The appellant, a tenant of a hotel premises since 1953, allowed the second respondent to run the hotel from August 1969. The landlord (first respondent) terminated the tenancy, alleging sub‑letting and sought eviction under Section 10 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960. The cen…

Reliance Petrochemicals Ltd. obtained consent from the Controller of Capital Issues to issue a large public debenture offering and sought a transfer of multiple pending writs to the Supreme Court under Article 139A. The Court ordered the issue to proceed without hindrance and vacated earlier injunctions. The Indian Exp…

The landlord obtained a Section 21 sanction from the Additional Rent Controller to grant limited tenancy rights to two tenants, despite having already let them occupy the premises in December 1975. The tenants argued that an oral tenancy already existed and that the sanction was obtained by suppressing material facts, …

The petitioners, producers of Khandsari sugar, argued that as mere producers they were exempt from obtaining a licence and paying market fee under the U.P. Utpadan Mandi Adhiniyam, 1964. The respondents, the Krishi Utpadan Mandi Samiti, contended that the petitioners were "traders" within the meaning of the Act and the…

The Punjab Public Works Department invited tenders for a high‑level bridge. The lowest bidder, Om Prakash Baldev Krishan, was told by the Executive Engineer that his tender was accepted and was asked to sign a pending agreement within ten days, but no agreement was ever executed and the acceptance was not made in the n…

The Supreme Court examined two appeals by government servants, Nyadar Singh and M.J. Ninama, who had been punished with "reduction in rank" under Rule 11(vi) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, to posts lower than those to which they were directly recruited. The appellants co…

The Supreme Court examined affidavits filed in a contempt petition where the complainant alleged non‑compliance with a prior court order. Both the complainant’s affidavit and the accused’s reply affidavit were found to be vague, lacking specific facts, and not verified in accordance with Order XI Rules 5 and 13 of the …

Dr. Ramesh Chandra Sinha, an associate professor of Plastic Surgery, challenged his junior placement to Dr. P.K. Verma in the appointment order of September 29, 1978, claiming seniority based on a longer teaching tenure. The Patna High Court had excluded the period from 2 January 1964 to 28 June 1966, treating it as ex…

The Bihar Government enacted Ordinances and later the Bihar Private Educational Institutions (Take Over) Act, 1987 to nationalise private educational institutions in phases, selecting the Lalit Narayan Mishra Institute as the first institution. The Institute (as a society) and its registrar, Dr. Jagadanand Jha, challen…

Asian Paints Ltd. manufactured a product called Decoplast and contested its classification under the Central Excise and Salt Act, 1944. The Revenue classified Decoplast as a plastic emulsion paint under Tariff Item 14(I)(3)(iv), which the appellant challenged, arguing that it was not recognized as such in trade and dif…

The appellant, Mohan Lal, leased a shop from the respondent, Jai Bhagwan, under a rent note that stipulated the premises be used for the "business of English Liquor Vend". After the liquor licence was not renewed in 1979, the tenant switched to selling general merchandise. The landlord filed an eviction petition under …

The Supreme Court examined whether Junior Basic Trained (JBT) teachers classified under Category B Group II of the 1957 Punjab Government circular were entitled to the higher pay scale solely on acquiring higher academic qualifications such as B.A., B.T. or B.Ed., without the additional requirement of JST/JAV professio…

The wife obtained a decree of dissolution of marriage on grounds of cruelty and appealed the decree, which was dismissed by the High Court on 16 July 1986. The husband subsequently contracted a second marriage on 17 August 1986, and the wife filed a Special Leave Petition (SLP) under Article 136 of the Constitution wit…

Kailash Nath, a retired Executive Engineer, was charged under the Prevention of Corruption Act for the purchase of sign boards in 1979; the FIR was filed in 1985, three years after his retirement and six years after the alleged misconduct. He challenged the FIR invoking the third proviso of Rule 2.2(b) of the Punjab Ci…

The Caltex (Acquisition of Shares of Caltex Refining (India) Ltd. and of the Undertakings in India of Caltex (India) Ltd.) Act, 1977 transferred the undertaking of Caltex Oil Refinery (India) Ltd. (CORIL) to the Government and later to Hindustan Petroleum Corporation Ltd. After the takeover, the Board of Directors of C…

Parle Exports (P) Ltd manufactured non‑alcoholic beverage bases such as Gold Spot, Limca and Thumps Up under Tariff Item 68 without a valid central excise licence and was assessed duty and penalty. The company claimed exemption under Notification No. 55/75 CE, which exempts "all kinds of food products and food preparat…

Somasundram Viswanath, an officer of the Defence Accounts Service, was not promoted after the Departmental Promotion Committee (DPC) met on 7 August 1986; one member, the Secretary, Ministry of Defence, was absent. He challenged the DPC's recommendation before the Central Administrative Tribunal, arguing that the Commi…

The petitioners challenged the constitutional validity of ad‑valorem court‑fee provisions without an upper limit in the Karnataka Court Fees and Suits Valuation Act, 1958, the Rajasthan Court Fees and Suits Valuation Act, 1961 and the Bombay Court Fees Act, 1959, arguing that such levies amount to a tax, violate Articl…

The Supreme Court examined whether an arbitrator, appointed without court intervention, could award interest for the period before the reference and for the pendente lite period of the arbitration. It held that an arbitrator is not a court within the meaning of CPC s.34 and therefore cannot award pendente lite interest…

Advance Bricks Co., a registered dealer under the Haryana General Sales Tax Act, 1973, purchased sun‑dried bricks on which it paid sales tax and subsequently burnt them to produce baked bricks which it sold at a higher price. It claimed a deduction of the tax paid on the purchase from its gross turnover for the 1981‑82…

M.C. Mehta, a social worker, filed a writ petition under Article 32 seeking directions to stop the discharge of untreated tannery effluents into the River Ganga. The Court treated the case as a representative action, issuing notices to industrialists and municipal bodies and hearing evidence that many tanneries at Jajm…

Chhotu Singh, holder of a C.L. III country liquor licence in Village Sawli, applied to shift his shop to Village Narsi Chaurasta due to low demand. The District Collector, after making enquiries as per the Government circular dated 27 April 1984, recommended the shift, and the State Government eventually granted permis…

The landlord, Atma Ram Mittal, filed a suit for possession of a shop he let to Ishwar Singh Punja, relying on Section 1(3) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, which exempts buildings completed after the Act’s commencement for ten years. The building was completed in June 1974, so the exemptio…

The petitioners, partners of a diamond trading firm, were found by Customs officers to possess over 3,200 carats of diamonds and other valuables after a search based on secret information. The officers seized the goods under Section 110 of the Customs Act, 1962, asserting a reasonable belief that the diamonds were smug…

The land in question was originally granted by the Government of Jammu & Kashmir to Attar Chand as a long lease, making him the Wasidar. His son Guranditta Mal inherited the lease and, in 1954, sub‑leased the land to Raghunath Dass without government permission. Indra Devi, Guranditta's widow and successor‑in‑title, su…

The State of Orissa contracted Dandasi Sahu for an irrigation project; after completion and final payment, Sahu claimed extra work and invoked the arbitration clause. The arbitrator awarded Rs 15,23,657 plus interest without giving reasons. The Sub‑ordinate Judge set aside the award, but the Orissa High Court restored …

The dispute involved an arbitration award concerning properties mainly located in Warora, Chandrapur, with a small portion in Nagpur. The arbitrator, a resident of Nagpur, filed the award in the Nagpur Civil Court. The Civil Judge held that only the Nagpur property and the arbitrator's residence did not confer jurisdic…

Two mortgages were created in 1925 and 1928 over certain land. In a 1947 suit, the mortgagors obtained a preliminary decree for redemption and, after default, a final decree for sale, but the mortgagee never executed the sale and retained possession. In 1968 the mortgagor‑heirs filed a second suit for redemption agains…

The Deputy Chief Controller of Imports and Exports filed a complaint under Section 5 of the Imports and Exports (Control) Act, 1947 against Parle Bottling Co. Ltd. and its Managing Director, alleging contravention of licence conditions. The complaint was transferred to another magistrate court, where cognizance was tak…

Hiranyalal Dev, an Assam Police Service officer, was omitted from the 1983 select list for promotion to the Indian Police Service while two junior officers were selected. He challenged the decision, alleging that the Selection Committee had relied on adverse remarks in his Confidential Character Rolls that were never c…

The case involved Dharma Agalaw, the sole surviving coparcener of a Hindu joint family, whose brother Miragu had died leaving a widow Champabai. After the Hindu Adoptions and Maintenance Act, 1956 came into force, the widow adopted Pandurang, who then claimed a one‑half share in the joint family property that had passe…

The petitioners, who had been allotted MBBS or BDS seats in various medical colleges through the All India Entrance Examination, sought to be transferred to colleges nearer their hometowns. The Union of India filed a civil miscellaneous petition seeking directions for the allocation of 532 vacant seats resulting from d…

The petitioners, adolescents under twenty‑one, were convicted of murder under Section 302 of the Indian Penal Code and sentenced to life imprisonment. They sought relief under Section 5 of the Punjab Borstal Act, 1926, which allows detention in a Borstal Institution in lieu of transportation or rigorous imprisonment fo…

The Tamil Nadu Housing Board (TNHB) had service regulations requiring Junior Engineers to have five years of service before promotion to Assistant Engineer. A Government order mistakenly listed three years, later corrected by a memorandum dated 26‑Feb‑1971, which the Supreme Court held to be an erratum, not a modificat…

The appellant's land in Poona was acquired under the Land Acquisition Act, 1894 and the compensation offered by the Land Acquisition Officer was contested. A reference under Section 18 was made to a civil court, which valued the land at Rs 8692 per acre; the High Court later reduced the valuation to Rs 4845.87 per acre…

The appellants, appointed as direct recruits to the Uttar Pradesh Provincial Civil Service, challenged seniority lists that placed demobilised armed‑forces officers (respondents) above them. The respondents had been recruited under the Uttar Pradesh Non‑Technical (Class‑II) Services (Reservation of Vacancies for Demobi…

The Supreme Court considered a series of civil appeals arising from dismissals of bank employees who sought relief under various State Shops and Establishments Acts. The banks argued that the Acts did not apply to them because they were "establishments under the Central Government" and thus fell within the exemption in…

The appellant State of Haryana sought to recover sales tax on cement supplied by Dalmia Dadri Cement Ltd. to the Punjab State Electricity Board in 1964-65 and 1965-66. The cement was sold on the basis of certificates from the Board stating that it was required for use in the generation or distribution of electrical ene…

The Christian Medical College Vellore Association, a minority‑run educational institution, challenged two references made by the Tamil Nadu Government to the Labour Court under the Industrial Disputes Act, 1947, arguing that sections 9‑A, 10, 11‑A, 12 and 33 of the Act could not apply to a minority institution protecte…

The appellant, a private limited company, occupied part of premises owned by United Commercial Bank and challenged an eviction notice issued under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The company argued that the Act, as applied to premises of a public‑sector corporation, was ultra vires P…

The Supreme Court examined three appeals filed by employees of the Irrigation Departments of Punjab and Haryana who sought relief under the Industrial Disputes Act, 1947, after their applications were rejected by the Labour Court on the ground that the employer was not an ‘industry’. The Court considered whether the Ir…

The respondent imported a chemical known as 'Sancticizer 429' and challenged the customs duty levied on it. The Assistant Collector classified it as a polymeric plasticizer under heading 39.01/06 of the Customs Tariff Act, 1975, a view upheld by the Appellate Collector. The Customs, Excise and Gold Control Appellate Tr…

Lt. Colonel K.D. Gupta, a permanent commission officer, was repeatedly subjected to psychiatric examinations that led to his medical category being downgraded from Shape‑I to Shape‑II and treated as a Major, despite no formal order reducing his rank. He challenged these actions before the Supreme Court, which earlier r…

Kelvinator of India Ltd manufactures refrigerators and includes a one‑year warranty in the sale price. After the warranty expires, it offers an optional four‑year service contract for the sealed system at a charge of Rs 300‑450 per unit, which 91% of customers accept. The Assistant Collector and Appellate Collector hel…

The respondents, members of the United Basel Mission Church (UBMC) of South Kanara and Coorg, sued to declare a 1961 resolution proposing merger with the Church of South India (CSI) void, illegal and ultra vires the UBMC Constitution and the Religious Societies Act, 1880. The trial court dismissed the suit, but the Hig…

The case concerned an election for Chairman of a Panchayat Union in Tamil Nadu where two candidates claimed to be the official Indian National Congress (I) nominee. The Returning Officer first allotted unreserved symbols, but after a letter from the party president clarified the appellant as the official candidate, an …

The appellant owned land on the banks of the Tapti River that the State of Gujarat sought to acquire under the Land Acquisition Act, 1894 for extending the village of Bhairav to house twelve families displaced by floods. After objections were filed, a preliminary notification under s.4 and a final acquisition order und…

The case concerned a company‑allotted flat that a former officer continued to occupy after retirement. The company sought prosecution under Section 630 of the Companies Act, 1956, which penalises officers or employees who wrongfully retain company property. The Supreme Court examined whether the term "officer or employ…

The Uttar Pradesh Cooperative Federation Ltd. (appellant), a state enterprise, contracted with Singh Consultants & Engineers (P) Ltd. (respondent) to supply and install a vanaspati plant, requiring the respondent to furnish two irrevocable bank guarantees. The plant was not completed within the stipulated time, and the…

The Supreme Court examined a dispute over the revival of Kamani Tubes Ltd., where the workers, through their union, proposed a scheme for revival that was examined and sanctioned by the Board for Industrial and Financial Reconstruction (BIFR) under the Sick Industrial Companies (Special Provisions) Act, 1985. The Court…

The Nibhana Co-operative Housing Society (Respondent No.2) sought possession of flat No. 62 allotted to Mrs. Maya (Respondent No.1) from Hindustan Thompson Associates Ltd. and others (Appellants), alleging they occupied the flat as licencees without the Society's written consent. The Appellants contended that they were…

Smt. Mohini R. Adwani, a member of Maitrai Co-operative Housing Society, allotted flat No. 15 to the appellant, M.S. Ahluwalia, under a leave‑and‑licence agreement without the society’s prior consent. After the licence expired, the appellant continued to occupy the flat, using it as a canteen, and refused to vacate whe…

The Uttar Pradesh Public Service Commission advertised for the post of Food & Drug Controller, requiring a medical degree and five years of experience in drug standardisation or testing. Dr. M.C. Bindal applied, claiming seven years of experience, and was provisionally recommended pending verification of the experience…

Esso Eastern Inc., later Hindustan Petroleum Corporation Ltd., occupied a flat in Shyam Co‑operative Housing Society on a leave‑and‑licence basis from 1968, with the licence renewed yearly. By 1 February 1973 a subsisting licence existed, rendering the occupier a "deemed tenant" under section 15A of the Bombay Rent Act…

The dispute arose from a 1964 agreement whereby the tenant‑co‑partner member of the Shyam Cooperative Housing Society, Smt. Devibai H. Advani, allowed Rajpal Bhatia to occupy her flat on a leave‑and‑licence basis. After the licence was terminated, Advani sought eviction of Bhatia under Section 91 of the Maharashtra Coo…

The petitioners, manufacturers of washed cottonseed oil, challenged the constitutional validity of Sections 41 and 41A of the Bombay Sales Tax Act, alleging that the State of Maharashtra’s power to grant tax exemptions to new units in backward areas and to withdraw those exemptions for edible‑oil units only was arbitra…

The Fairfield Co‑operative Housing Society, a tenant‑partnership society, discovered that its member Smt. Vishni J. Kalwani had let flat No. 7 to A.V.R. & Co. and J.R. Enterprises as licencees without the society’s consent, violating its bye‑laws. The society filed a dispute under Section 91 of the Maharashtra Cooperat…

The State of Kerala issued a Gazette order (Ex. P‑4) sanctioning 91 private agencies to open or upgrade unaided recognised schools under the Kerala Education Act, 1957. After a change of government, a subsequent order (Ex. P‑7) cancelled the earlier sanction without hearing the applicants. The applicants challenged the…

Chukkhan, a Bhumidhar, bequeathed a life estate in his land to his wife, Gilia, and the remainder to their daughters. After Chukkhan's death Gilia took possession and later executed a will in favour of the appellants, Amar Singh and another. Upon Gilia's death a dispute arose whether the appellants or the daughters wer…

Odyssey Communications, the producer of the TV serial 'Honi-Anhoni', appealed against a Bombay High Court interim injunction that barred telecasting episodes 12 and 13 on the ground that the serial spread superstitious beliefs. The Supreme Court held that the right to exhibit films on Doordarshan falls within the freed…

Oswal Spinning & Weaving Mills Ltd imported 58 bales of woollen rags, which Customs officials later identified as acrylic rags and confiscated under the Customs Act. The importer was offered the option to pay a redemption fine under section 125; the fine was reduced by the Board and the goods were ordered to be mutilat…

The petitioners, members of the Delhi Higher Judicial Service, challenged the Delhi High Court's refusal to grant a selection grade promotion to an Additional District Judge who was directly recruited as a Scheduled Castes candidate. They claimed the High Court acted unreasonably and that merit‑based promotion should c…

The landlord, an advocate, orally let a part of his residential premises comprising servants' quarters and a ground‑floor hall to the tenant for Rs 600 per month, with rent thereafter paid by two cheques—Rs 250 by the tenant and Rs 350 by a trust (Balkunj) of which the tenant was secretary. The landlord sought eviction…

The State of Gujarat appealed against a High Court order that had allowed J.L. Talasji, a landholder, to claim the benefit of Section 6(3B) of the Gujarat Agricultural Land Ceiling Act, 1960. The issue was whether Talasji's family, consisting of himself, his mother, wife, three minor sons and three minor daughters, qua…

In the 1985 Rajasthan Legislative Assembly election for the Karauli constituency, Shiv Charan Singh was declared the winner. Two electors challenged his election, alleging that the Returning Officer had improperly accepted the nomination of Kanhaiya Lal, who was under 25 and thus ineligible under Art. 173(b) of the Con…

Anand Kumar filed Special Leave Petitions challenging the method by which the age of the Chief Justice of the Andhra Pradesh High Court, K. Bhaskaran, was determined. The petitioners sought a writ of mandamus to compel the President of India to decide the matter, arguing that the Council of Ministers should be involved…

Nat Steel Equipment Pvt. Ltd., a manufacturer of heavy‑duty hospital and industrial canteen appliances, classified fourteen items under Tariff Item No. 68 of the Central Excise and Salt Act, 1944. The Assistant Collector re‑classified items 2‑14 under Tariff Item No. 33C, invoking Explanation‑I and demanded differentia…

Salonah Tea Co. paid taxes under assessment orders issued under the Assam Taxation (On Goods Carried by Road or Inland Waterways) Act, 1961. The assessments were later declared ultra vires and the tax was held to have been collected without legal authority. The company filed writ petitions under Article 226 seeking a r…

The appellants, appointed as Civil Judges on temporary and officiating basis, were not confirmed after their probationary periods and were terminated under Rule 12 of the Madhya Pradesh Government Servants (Temporary and Quasi‑Permanent) Rules, 1960. They contended that Rule 3‑A, which deems a servant in continuous tem…

The Supreme Court examined whether stacks of eucalyptus wood sold by the Madhya Pradesh Forest Department, after removal of poles and ballies, qualified as "Timber" under entry 32A of the Madhya Pradesh General Sales Tax Act, 1958, thereby attracting a 16% sales tax, or as "fire‑wood" under entry 12, attracting a 3% ta…