Judgments of 1988

The Andhra Kesari Educational Society was granted permission in 1984 to start a B.Ed. college, subject to several conditions, which were later cancelled after a change of government. The Society claimed minority status to avoid compliance and sought affiliation from Nagarjuna University, which was denied. The High Cour…

Chandrama Tewari, a fireman in the Northern Railway, was dismissed after a departmental enquiry found him guilty of fraudulently removing coal. He challenged the dismissal, arguing that the enquiry violated natural justice because a document (paper No. 5) mentioned in the charge sheet was not supplied to him, hindering…

The former ruler of Mohanpur State gifted and bequeathed certain lands to his younger son, but the eldest son, who succeeded as ruler, challenged the validity of those dispositions, arguing that the rule of primogeniture applicable to the Raj estate barred any alienation. The Civil Judge declared the deed of gift and w…

Three private banks were amalgamated with larger banks under schemes drawn pursuant to Section 45 of the Banking Regulation Act, 1949. A total of 125 employees were excluded from service and their contracts terminated without being named in the draft schemes or given a hearing. The excluded employees challenged the exc…

Freelance journalist Sheela Barse was initially permitted by the Inspector‑General of Prisons to interview female inmates in Maharashtra jails, but the permission was withdrawn when she began tape‑recording the interviews. She filed a writ petition under Article 32, claiming a constitutional right to know about jail ad…

The Supreme Court examined whether Notification No. 281/Cus/76, which grants a partial exemption from customs duty, applies to rod bushes and camshaft bushes imported by Jain Engineering Co. The Court held that the notification does extend to parts of internal combustion piston engines listed under Heading 84.06, and t…

M.L. Jain, a retired Judge of the Delhi High Court, challenged the pension fixed by the Pay & Accounts Officer at Rs.26,000 per annum, contending that amendments to the High Court Judges (Conditions of Service) Act in 1986 and 1988 and related Office Memoranda entitled him to a higher pension. The Government of India, …

Rev. Fr. Paul Petta was appointed Principal of St. Anthony's College, a minority institution, by the governing body and approved by the Director of Public Instruction under the 1979 Government memo. The Salesian Provincial, who also sponsored the college, issued a letter transferring Petta to a teaching post without an…

A Committee of Inquiry was constituted to investigate incidents involving lawyers and police officers. The Committee directed that the petitioners, Kiran Bedi (DCP) and Jinder Singh (SI), be cross‑examined at the beginning of the inquiry, while three other officers who had received notices under Section 8‑B of the Comm…

The appellant, an executive engineer, was charged under IPC sections 279, 304A and 338 for a fatal jeep accident in Arunachal Pradesh in November 1976. The magistrate initially took cognizance on the date of the police report, but the High Court held that cognizance was only taken on 31 March 1986, more than nine years…

The Supreme Court had issued directions in Writ Petition (Civil) No. 591 of 1987 ordering the reinstatement and accommodation of petitioner No. 9 and other employees of the Pension Paying Office in Pokhara, Nepal. A contempt petition was filed alleging that the respondents, including the Officer‑in‑Charge of the office…

The appellants, sisters Smt. Sova Ray and others, sued for partition of family property claiming a one‑third share. The trial court granted the share and the parties later settled on a compromise whereby the defendant, their uncle Gostha Gopal Dey, would acquire half of their share (one‑sixth of the property) for Rs 40…

The petitioner, an income‑tax assessee, challenged the validity of the 1971 and 1975 Proclamations of Emergency, the House of the People (Extension of Duration) Act, 1976 and the Finance Act, 1976, arguing that the proclamations were ultra vires or had ceased to operate because the parliamentary resolutions approving t…

The Secured Investment Company, a partnership firm, operated a scheme where members paid a lump sum of Rs 220, received a bank RD receipt, and were entered into monthly lucky draws for prizes, with Rs 92 of each payment deducted to fund the prizes. The Registrar of Firms, Societies and Chits seized the company's docume…

The Kerala Financial Corporation (KFC), a state corporation, obtained a decree against T.M. Hassan Rawther for default on a loan secured by a tea estate. After an unsuccessful court auction in 1969, KFC purchased the estate but could not take possession until 1982 due to a labour dispute. KFC then invited public tender…

Bhagwan Dass Chopra, a former clerk of Narang Bank of India Ltd., was terminated in February 1975 and raised an industrial dispute before the Central Government Industrial Tribunal. While the case was pending, Narang Bank merged into United Bank of India (UBI) on 1 August 1976, and UBI was impleaded as the successor in…

The appellant, Ajaib Singh, entered into a sale agreement with the respondents and paid the bulk of the purchase price, leaving only Rs.75 to be paid upon execution of title documents. The appellant took possession of the property in part performance, but the respondents failed to execute the title documents. The appel…

The appellants, tenants of a shop let on 25 June 1976, faced an eviction suit filed by the landlord, SMT. Samundri Devi. The trial court dismissed the suit, but the Allahabad High Court set aside that order and decreed eviction. The tenants appealed, contending that the U.P. Urban Buildings (Regulation of Letting, Rent…

The petitioner, a former joint manager of a government undertaking, was allotted a company flat during his service and was allowed to stay for six months after retirement on humanitarian grounds. He failed to vacate, prompting the Shipping Corporation of India to lodge a complaint under s.630 of the Companies Act, 1956…

The Municipal Corporation of Delhi (MCD) awarded a construction contract to Jagan Nath Ashok Kumar, which it later rescinded alleging delay. The contract contained an arbitration clause, and an arbitrator was appointed who held that the rescission was wrongful, awarded the contractor Rs.23,820 plus interest, and allowe…

The Punjab Government had declared certain areas as notified areas under Section 241 of the Punjab Municipal Act, 1939 and later cancelled those notifications under Section 244. The office‑bearers of the notified‑area committees filed writ petitions challenging the constitutional validity of Section 244, arguing it gav…

The State of Maharashtra amended the Bombay Motor Vehicles Tax Act, 1958 to levy a one‑time tax on motorcycles and tricycles, charging fifteen times the annual rate and a higher rate for company‑owned vehicles, with limited refund provisions. The Bombay High Court struck down the amendment as beyond the State's legisla…

The appellants filed a Section 125 CrPC application for maintenance, claiming that the respondent was their husband and that their minor daughter was his illegitimate child. The Judicial Magistrate held that the marriage was not proved, but that the child was illegitimate and ordered maintenance of Rs.25 per month. The…

The Municipal Corporation of Greater Bombay fixed a water quota for Nagpal Printing Mills and, under Rule III(d)(i) of the 1976 Water Charges and Sewerage & Waste Removal Rules, billed the mill for a charge equal to one‑tenth of the quota when actual consumption fell short. The mill contested the charge, arguing that t…

The case concerned an election petition filed under the Representation of the People Act, 1951, where a Single Judge of the Gujarat High Court declined to order production of election records. The petitioner appealed the interlocutory order to a Division Bench of the same High Court under clause 15 of the Letters Paten…

The petitioner, Piyush Kantilal Mehta, was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985 on the ground that he was a bootlegger who used force and created fear, allegedly affecting public order. He challenged the detention, arguing that the grounds were vague, that mere bootlegging does not …

In May 1985 a series of bomb explosions led to FIR No. 238 of 1985 in Delhi, where Jagjit Singh and another accused were granted pardon under Section 306 of the Criminal Procedure Code and turned approvers. Both gave statements in the committal proceedings but later withdrew them, and the same accused were also charged…

Kehar Singh was convicted and sentenced to death for his role in the assassination of Prime Minister Indira Gandhi. After his appeals and a review petition were dismissed, his son petitioned the President under Article 72 for a pardon, claiming innocence and seeking an oral hearing. The President refused both the heari…

The case concerned the amalgamation of three separate engineering wings—Irrigation, Minor Irrigation and River Valley Projects—within the Bihar Department of Agriculture and the preparation of a combined gradation list. The State had merged the Irrigation and River Valley cadres in 1969 and later merged the Minor Irrig…

Ram Sewak, a tenant, was sued for eviction by his landlord Munna Lal under Section 3(1)(a) of the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947 for non‑payment of rent for more than three months. The tenant claimed that he had tendered the rent, which the landlord refused to accept, and therefore dep…

The petitioners and respondents were partners in a firm that had an arbitration agreement. Respondent No.1 filed a suit for dissolution and accounts, and respondent No.9 applied under Section 34 of the Arbitration Act, 1940 for a stay of the suit. The trial court observed that the petitioner (defendant No.4) had obtain…

In the 1987 Presidential election, R. Venkataraman was declared elected. Candidate Mithilesh Kumar filed an election petition under the Presidential and Vice‑Presidential Elections Act, 1952, alleging that a whip issued by the Congress (I) party amounted to undue influence and vitiated the election. The petition, howev…

The petitioners challenged a bye‑law framed by various Zila Parishads under Section 239(2)(E)(a) of the Uttar Pradesh Kshetra Samiti and Zila Parishads Act, 1961, which required that the right to trade in carcass utilisation be awarded by public auction. Lower courts struck down the auction provision as creating a mono…

Krishna Carbon Paper Co. manufactured carbon paper and cleared it from its factory in 1979 without paying central excise duty. The Revenue issued a notice demanding duty, arguing that carbon paper was covered under tariff item 17(2) (coated paper) since the 1976 amendment of the Central Excise Tariff. The company conte…

Dr. J.K. Sinha, a Scientist (E) at the Defence Electronics Research Laboratory, was compulsorily retired under Article 459(h) of the Civil Services Regulations. He challenged the order before the Central Administrative Tribunal, alleging a clean service record, bias arising from a grievance he raised, and that the reti…

The appellants, Indian citizens residing abroad, were caught with large amounts of foreign exchange and were penalised Rs 3 lakhs each under the Customs Act. They appealed the penalty under s.129A, and the Customs Appellate Tribunal, invoking s.129E, reduced the security deposit to Rs 1 lakh each. Claiming inability to…

The State of Rajasthan and R.S. Sharma & Co. entered into a construction contract that later led to a dispute. While litigation was pending, the parties agreed to arbitrate, and the arbitrators awarded Rs.75,41,755 to the respondent without providing reasons. The appellant challenged the award on grounds of lack of rea…

The Maharashtra government issued a scheme under section 68‑D of the Motor Vehicles Act, 1939 granting the State Road Transport Corporation exclusive rights to operate contract carriage services, excluding all others except seven specified categories. A. S. Gokhale, not belonging to any category, applied to the Regiona…

Doaba Co‑operative Sugar Mills received an excess‑production rebate of Rs 5,60,679.40 under Notification 108/78. The Superintendent later issued a show‑cause notice for recovery of the alleged excess amount. The Assistant Collector held that no excess existed and that the notice was barred by limitation, dropping the d…

Neelakantan & Bros. Construction entered into contracts with the Superintending Engineer for highway works and a reference for arbitration was made to the then‑incumbent engineer, Mohan. Mohan was transferred before completing the arbitration and his successor, Cornelius, took over the proceedings with the petitioner’s…

Shri R.L. Gupta, a member of the Delhi Higher Judicial Service, was sent on deputation as Secretary to a Supreme Court‑led Commission of Inquiry in 1985. While on deputation, the Delhi High Court placed seventeen junior officers on probation, effectively superseding Gupta, and later placed Gupta himself on probation in…

The petitioners sought a writ of prohibition to stop the further telecast of the TV serial "Tamas", alleging that its content would incite communal violence and violate Articles 21 and 25 of the Constitution as well as Section 5B of the Cinematograph Act, 1952 and IPC sections 153A/153B. The serial, based on Bhisham Sa…

The Administrator General of West Bengal appealed the award of compensation for the acquisition of the Gopal Lal Villa estate in Varanasi. The Land Acquisition Officer had valued the land at Rs.200 per decimal, the building at Rs.57,660 and the tree growth at Rs.355.85. The appellant sought higher valuations, solatium …

K.S. Subramanian, a permanent civilian worker in the Defence Department, was terminated under Article 310 of the Constitution without cause. He sued for a declaration of illegal termination and damages, obtaining a decree for Rs.25,000 which was affirmed by the High Court. The Supreme Court examined whether Article 311…

In the Assam Legislative Assembly election, Abdul Wazed's nomination was rejected on the ground that he was under 25 years of age and allegedly disqualified under Section 9‑A of the Representation of the People Act, 1951 because he held a lease of ferry tolls under the Northern India Ferries Act, 1878. The High Court h…

Vikram Cotton Mills Ltd., a textile manufacturer, incurred heavy losses and ceased production in 1953. In 1956, under a court‑approved scheme, its plant and machinery were leased to General Fibres Dealers for Rs 2.5 lakh per year for ten years (renewable) to generate income for creditors and enable future reconstructio…

The respondent sued for specific performance of a contract for sale of a house. The trial court decreed in his favour and the High Court affirmed. During the hearing of the Letters Patent Appeal, the parties orally agreed that the appellant would pay Rs.2,25,000 as full and final settlement, but the agreement was not r…

Elson Machines Ltd., a manufacturer of electric motors, claimed exemption under Notification No. 80/80‑C.E. (dated 19‑June‑1980) which allowed small‑scale manufacturers to clear specified goods for home consumption provided the aggregate clearance value did not exceed Rs 15 lakhs. The company cleared Rs 13.43 lakhs of …

The case concerned a senior IAS officer, Badrinath, who delivered a speech criticizing the Red Fort time‑capsule and later sought to sue the Chief Secretary for defamation. He applied for permission under Rule 17 of the All India Services (Conduct) Rules, 1968, which bars civil servants from suing for vindication of an…

R.K. Misra, a temporary employee of the Uttar Pradesh State Handloom Corporation, was suspended in 1982 on allegations of misconduct and later had his services terminated by notice with one month's salary in lieu, as permitted by Rule 63 of the Corporation's service rules. He challenged the termination, claiming it was…

The appellant, a signalman in the Indian Army, was serving a 28‑day rigorous imprisonment when he was charged under Section 41(2) of the Army Act for refusing to eat food on a superior's order. A Summary Court‑Martial, presided over by the commanding officer who had previously punished him, sentenced him to one year of…

Narne Tulaman Manufacturers Pvt. Ltd. assembled three components – a platform, load cells and an indicating system – to create a complete weighbridge, for which excise duty was imposed under the Central Excises and Salt Act, 1944. The company contended that it only manufactured the indicating system, a component alread…

Gulab Mehra, an under‑trial prisoner, was served with a detention order under Section 3(2) of the National Security Act while already in jail. He challenged the order on grounds that the detention grounds were vague, the detaining authority had not applied its mind, and that a preventive detention cannot be validly mad…

The appellant, a sub‑tenant, was originally paying rent to the respondent, a tenant, but after receiving an eviction notice from the head lessor (title paramount) he attorned to the head lessor and began paying rent to him, ceasing payments to the respondent. The respondent filed eviction proceedings under the Andhra P…

The employees of the State Bank of India challenged the management's authority to fix work hours and recess periods in a writ petition before the High Court. A Single Judge of the High Court allowed the petition and, relying on a prior Division Bench order, issued a certificate of fitness under Article 134A for appeal …

Sixteen workmen employed as 'C' Grade Fitters in a Central Government undertaking filed applications under section 33-C(2) of the Industrial Disputes Act, 1947, seeking computation of wages at the rate of 'B' Grade Fitters because they performed the same duties. The Central Government Industrial Tribunal‑cum‑Labour Cou…

Gopal Singh challenged a notice under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, claiming that 12.35 acres gifted to his adult, unmarried, disabled daughter should be excluded from the ceiling calculation. The Prescribed and Appellate Authorities held that the gift was not made in good faith an…

The petitioner, P.N. Duda, sought initiation of contempt proceedings against former Law Minister P.S. Shiv Shankar for remarks made in a Bar Council speech that allegedly disparaged the Supreme Court. The petition also impleaded the Attorney General, Solicitor General, and a newspaper editor, alleging refusal of consen…

The respondents purchased polyester fibre tow, described as "crimpled uncut waste," and cut it into short lengths to produce polyester staple fibre. The Collector held that this conversion constituted manufacture and attracted excise duty, but the Customs, Excise and Gold Control Appellate Tribunal found that merely cu…

The petitioners sought a writ under Article 32 of the Constitution, claiming that the management of the Sawai Man Singh II Museum Trust by its Chairman, Lt. Col. Sawai Bhawani Singh, violated public interest and their fundamental rights under Articles 21, 49 and 51A(f). The Court held that the dispute was essentially a…

The appellant, a tenant, occupied a shop premises. The respondents, partners, obtained a usufructuary mortgage over the same premises from the landlord and invoked Section 21(1)(h) of the Karnataka Rent Control Act, 1961 to evict the tenant, claiming bona‑fide need for their business. The appellant contended that the m…

The appellants, Jawahar Lal Wadhwa and another, entered into a sale and construction agreement with the respondent, Haripada Chakrobarty, involving monthly instalments and a construction contract. The respondent later repudiated the agreement, leading to a dispute over possession of the property and the applicability o…

Mukund Lal and another, accused persons, challenged the constitutional validity of Section 172(3) of the Criminal Procedure Code, 1973, which bars the accused or his agents from calling for or inspecting the police case diary, except when the diary is used to refresh a police officer's memory or to contradict the offic…

United Offset imported a Colour Scanner Chromagraph C‑299 and initially cleared it under tariff heading 84.35 as "other printing machinery". The Assistant Collector later re‑assessed the goods under heading 90.25(i) and subsequently issued a demand for additional duty, claiming the scanner fell under heading 90.10. The…

The appellants, landlords, sought to evict the respondent tenant under Clause 13 of the C.P. & Berar Letting of Houses and Rent Control Order, 1949, but the tenant had surrendered the lease by mutual compromise and arbitration agreements. The Supreme Court held that Clause 13 restricts only the landlord’s right to term…

The Trustees of the Port of Bombay, a local authority, leased a plot to Mustafa Husein in 1945 on a monthly tenancy and he erected a permanent godown. In 1958 Husein sub‑let the godown to Maneklal & Sons, who thereafter occupied it. The Trustees obtained a decree for eviction against Husein’s heirs, but the sub‑lessees…

Jagannath Ramchandra Nunekar, an elector from Shivaji Nagar, sought to contest a bye‑election in Jaoli and applied for a certified copy of his entry in the Shivaji Nagar electoral roll. He received a copy on 8 January 1986 showing the latest publication date as 31‑Jan‑1984 and filed his nomination on 9 January, but the…

Shiv Kumar, a landlord, filed an eviction suit on 11 June 1973 under the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, claiming the Act did not apply because the shop was constructed in 1966 and was exempt for ten years. The tenants argued that the Act did apply and that they were entitled t…

Mahalaxmi Oil Mills and other assessees claimed that tobacco seed oil and tobacco seed cake were exempt from sales tax under Section 8 of the Andhra Pradesh General Sales Tax Act, 1957, which exempts "tobacco and all its products". The State of Andhra Pradesh contended that the definition of "tobacco" in the Act, mirro…

The appellants and respondent entered into a partition agreement which was referred to arbitration; the arbitrators rendered an award on 28 November 1977. The award was filed in court on 28 January 1978 and an interim injunction was issued on 26 July 1978, keeping the award in the court's custody until the injunction w…

The appellants, non‑tribal owners of immovable property in Andhra Pradesh's scheduled areas, challenged the 1970 Amendment to the Andhra Pradesh Scheduled Areas Land Transfer Regulation which prohibited any transfer of such property by non‑tribals to non‑tribals and required all transfers to be in favour of tribals. Th…

The Central Government issued a notification on 29 January 1970 raising the royalty on limestone to Rs.1.25 per tonne. The writ petitioners challenged it, arguing that the increase violated the proviso to section 9(3)(b) of the Mines and Minerals (Regulation and Development) Act, 1957, which bars more than one enhancem…

The appellants, Usmanbhai Menon and others, were arrested after an armed clash and produced before a Designated Court under the Terrorist & Disruptive Activities (Prevention) Act, 1987 (TADA). Their bail applications were rejected by the Designated Court, and they sought bail from the Gujarat High Court under s.439 of …

The assessee, Thomas Stephen & Co. Ltd., a ceramic manufacturer, purchased cashew shells, lime shells and other consumed stores which it used as fuel and for kiln maintenance. It claimed exemption from purchase tax under Section 5A(1) of the Kerala General Sales Tax Act, 1963, arguing that the goods were either consume…

The Union of India appealed a Central Administrative Tribunal order that had directed all members of the All India Services, even those who retired before 1 January 1973, to receive gratuity under Government Notification No. 33/12/73‑AIS (ii) dated 24 January 1975. The Supreme Court examined whether the notification, r…

Padmanabha Padhy was appointed as a lecturer in D.A.V. College on 26 July 1971 on probation and was terminated by a letter dated 28 March 1972 effective 30 April 1972. He filed a writ petition under Article 226 challenging the termination, contending that only the Governing Body, not the Principal, could dismiss him. T…

Petron Engineering Construction Pvt. Ltd. entered into agreements with Toyo Engineering India Ltd. to provide technical services for a project of a Japanese firm in Iraq and sought approval under section 80‑0 of the Income‑Tax Act, 1961 for a deduction on royalties received. The Central Board of Direct Taxes rejected t…

Bhagat Ram Sharma, a former member of the Punjab Legislative Assembly and later a member of the Punjab State Public Service Commission (PSPC) who retired in 1959, sought pension benefits under Punjab PSPC Regulation 8(3) and under the Himachal Pradesh Legislative Assembly (Allowances & Pension of Members) Act, 1971. Th…

Sudama Singh and Nath Saran Singh were both appointed as Assistant Teachers in 1967 and later promoted on an ad‑hoc basis to Lecturers. The Uttar Pradesh Education Laws Amendment Act, 1977 introduced section 16GG, which regularised such ad‑hoc teachers by deeming them substantively appointed with effect from the date t…

The appellant, originally a monthly tenant, executed a written "leave and licence" agreement with the respondent (licensor) granting the appellant use of workshop premises for five years at a fixed licence fee, subject to numerous restrictions such as limited hours of use, prohibition of residential use, and the licens…

The appellant filed a petition under Sections 397, 398 and 403 of the Companies Act, 1956 seeking determination of liabilities of Eastern Tea Estate (P) Ltd. The parties compromised, agreeing that no auditor would be appointed and that the Court would decide liability based on the 1973 balance sheet. A Single Judge of …

Piara Singh was detained under the National Security Act, 1980 and later served with a detention order under COFEPOSA. After his COFEPOSA detention was revoked, he failed to make a representation against the NSA order, believing he was only detained under COFEPOSA. He subsequently filed a representation to the Punjab G…

The respondent, an officer of State Bank of Bikaner & Jaipur, retired at the statutory age of 58 and sought an extension of service under Regulation 19(1) of the Bank's Officers' Service Regulations, 1979. The Bank refused, citing lack of continued utility, good health, and integrity, and the High Court dismissed his p…

The Calcutta Port Sharmik Union, representing about 15,000 bargemen (Dandees and Majhis) at Calcutta Port, claimed that they were "dock workers" under the Dock Workers (Regulation of Employment) Act, 1948 and therefore entitled to the wages and allowances recommended by the Central Wage Board. The Wage Board had exclud…

The State of Haryana, through the Haryana Urban Development Authority (HUDA), acquired land in Gurgaon for industrial development under the Land Acquisition Act, 1894 and the Haryana Urban Development Authority Act, 1977. The landowners filed writ petitions and special leave appeals challenging the acquisition on sever…

The plaintiff, Mrs. Vimal Duti, filed a suit for dissolution of partnership and for accounts, valuing the suit at Rs.25 lakhs for jurisdiction and Rs.500 for court fee. The defendants contended that the valuation for court fee was grossly undervalued and sought dismissal of the plaint under Order VII, Rule 11(b) of the…

The petitioner and respondent entered into a film distribution agreement on 19 March 1983 that contained an arbitration clause. On 11 March 1985 they executed a second agreement in which the respondent promised to pay Rs 6.5 lakhs and the petitioner would surrender his distribution rights, purportedly cancelling the 19…

The father and son, both Vaidyas, referred their long‑standing property disputes to an arbitrator, who issued an award on 18 January 1977 which was signed by both parties and contained an endorsement that the award was agreed to and binding. The son later filed an application under section 17 of the Arbitration Act, 19…

The plaintiff, a tenant, engaged an advocate to file a Special Leave Petition in the Supreme Court against an eviction order. The petition was dismissed as withdrawn, and the plaintiff sued the advocate for negligence and misconduct, claiming damages. The plaintiff died during the suit, and his legal representatives so…

Ram Prakash, the Karta of a Mitakshara joint Hindu family, executed an agreement to sell a house described as self‑acquired to Jai Bhagwan but later refused to execute the sale deed. Jai Bhagwan sued for specific performance; the sons of Ram Prakash, claiming the house to be coparcenary property, were denied impleadmen…

Two foreign trawlers chartered by an Indian company were seized for fishing in India's exclusive economic zone in violation of a permit that required fishing at depths greater than 40 fathoms. The masters were convicted and fined, while the charterer company and its managing director were initially acquitted but later …

The Supreme Court examined whether Explanation II‑A to clause (25) of Section 2 of the Kerala Land Reforms Act, 1964 (as amended by Act 17 of 1972) confers Kudikidappu rights on any person who occupied a homestead or hut between 16 August 1968 and 31 January 1970, irrespective of proof of initial permission. The Court …

The landlords of Prem Talkies obtained vacant possession of the building in 1984 and later intended to let it out as a fully equipped cinema theatre to the Mehrotras. The appellant, Satya Narain Pandey, applied for allotment of the building under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, …

D.P. Sharma, owner of a public service vehicle, applied for a special permit under section 63(6) of the Motor Vehicles Act, 1939. The Regional Transport Authority refused, invoking the Karnataka Contract Carriages (Acquisition) Act, 1976, which it said barred such permits. A single judge of the Karnataka High Court all…

The respondent, Dhanalakshmi Paper and Board Mills, set up a paper‑board factory and began production on 7 May 1964. It claimed a concessional excise duty rate under a Government of India notification dated 1 March 1964, but the revenue department denied the benefit because clause (a) of Proviso 3 required that a manuf…

Shobha Rani, a postgraduate, filed for divorce from her husband Madhukar Reddi on the ground of cruelty, alleging repeated dowry demands by the husband and his parents. The trial court and the Andhra Pradesh High Court dismissed her petition, holding that the demands did not amount to harassment and that she was hypers…

The landlord sought eviction of Shalimar Tar Products Ltd., the tenant, alleging that the tenant had sub-let part of the premises to R.C. Abrol & Co. without the landlord's written consent as required by the Delhi Rent Control Act, 1958. The tenant contended that no notice to quit was served, that no sub‑letting occurr…

The Gujarat government issued a notification under the Land Acquisition Act, 1894 to acquire lands for municipal employee housing. After the Urban Land (Ceiling and Regulation) Act, 1976 (ULCRA) came into force, the landowners filed statements under ULCRA claiming the lands were in excess of the ceiling limit and sough…

The State of Kerala sought to have eucalyptus plantations in a tea estate declared private forest under Section 2(f) of the Kerala Private Forests (Vesting and Assignment) Act, 1971, so that the land would vest in the Government. The respondent, Nilgiri Tea Estates Ltd., argued that the trees were planted solely as fue…

The petitioner, a police officer, was charged with several offences including murder and grievous hurt arising from a raid. He argued that under Section 196 of the Criminal Procedure Code the court could not take cognizance or proceed with trial without a sanction under Section 197, which protects public servants actin…

The Calcutta Youth Front and its president filed a contempt petition under the Contempt of Courts Act, 1971, alleging that the State of West Bengal, municipal officials and the lessees of an underground air‑conditioned market had violated the Supreme Court's order of 18 August 1987 which permitted the market’s construc…

The case arose from a violent riot in which Laisal Haque and others entered an oil mill, opened fire and caused the death of Gulam Rabbani and injuries to several others. The Additional Sessions Judge convicted sixteen of the forty‑two accused under sections 148, 302 and 324 of the IPC, while acquitting the remaining t…

The Supreme Court examined challenges by several textile mills manufacturing rayon and nylon yarn to the fee imposed by the Textiles Committee under Rule 21 of the Textile Committee Rules, 1965 (made under s.22 of the Textile Committee Act, 1963). The mills argued that the fee was unconstitutional because the Committee…

The husband filed a suit for dissolution of marriage under Section 13(1)(iii) of the Hindu Marriage Act, alleging that his wife suffered from schizophrenia so severe that cohabitation was unsafe. The trial court granted a decree of divorce, but the Allahabad High Court reversed it, holding that the evidence did not est…

The Municipal Corporation of Delhi (MCD) sought to remove pavement hawkers, including Gurnam Kaur, from the footpath outside Irwin Hospital under the Delhi Municipal Corporation Act, 1957. A Subordinate Judge had held that the hawkers could occupy their licensed sites but could not be removed without terminating the li…

The State of Maharashtra appointed Justice B. Lentin as a one‑man Commission of Inquiry to investigate the death of 14 patients at J.J. Hospital. The Commission found the appellant, Dr. Baliram Waman Hiray, gave contradictory evidence and issued a show‑cause notice for perjury under s.193 IPC read with s.340 CrPC, dire…

Jiyajeerao Cotton Mills Ltd. entered into a supply agreement with the Madhya Pradesh Electricity Board, but due to electricity scarcity the State issued two orders in 1975: a Regulation Order limiting consumption and imposing penal rates for excess use, and a Generation Order requiring consumers with captive power to g…

Dr. Jeevak, an unsuccessful candidate in the All India Entrance Examination for postgraduate medical seats, filed a writ petition seeking to declare clauses 11 and 15(g) of the bulletin illegal, to quash the list of successful candidates, and to obtain a mandamus directing his admission to the unfilled 25% reserved sea…

The State of Uttar Pradesh charged Krishna Gopal and an associate with murder under IPC sections 302 and 34. The trial court convicted them based on two eye‑witnesses and the deceased's statements recorded as dying declarations, accepting that the victim remained conscious long enough to make those statements. The Alla…

Shroff & Co., a partnership dealing in wines and spirits, imported liquor into Bombay and stored it in a bonded warehouse under the Maharashtra Foreign Liquor (Storage in Bond) Rules. The appellants challenged the inclusion of countervailing duty in the assessable value for octroi, arguing that the duty was not incurre…

The plaintiff, a former partner, sued his brothers for dissolution of a partnership and for accounts, alleging they had excluded him and falsified a partnership deed. He valued the suit at a nominal Rs.150 (Rs.50 each for declaration, accounts, and profit) and paid the corresponding court fee. The defendants contended …

The Supreme Court considered multiple suits and special leave petitions concerning whether 10,00,000 shares in Swadeshi Polytex Ltd. and 17,18,344 shares in Swadeshi Mining & Manufacturing Ltd., held by Swadeshi Cotton Mills, along with certain immovable properties in Kanpur, vested in the Central Government under Sect…

The Supreme Court entertained a public interest litigation filed by M.C. Mehta seeking relief from the severe pollution of the River Ganga at Kanpur, where 274.5 million litres of untreated sewage were being discharged daily. The petition raised the question of whether a non‑riparian citizen could sue for a public nuis…

The Oriental Coal Corporation, an unregistered coal dealer, was assessed to central sales tax for the years 1967-68 and 1968-69. The Allahabad High Court set aside the assessment, holding that Section 9 of the Central Sales Tax Act, 1956 imposed tax liability only on registered dealers. The State appealed, contending t…

The petitioners, cement manufacturers and their stockists, challenged three tax notifications—two by Andhra Pradesh (under its General Sales Tax Act and the Central Sales Tax Act) and one by Karnataka—reducing the sales tax rate on cement. They argued that the notifications created discriminatory preferences and violat…

Arun Aggarwal, already in jail for five non‑bailable offences, was detained under Section 3 of the National Security Act, 1980 on August 3, 1987. The detention order, approved under Section 12(1) after an Advisory Board opinion, was based solely on the fact that he was seeking bail and there was a possibility he might …

The case involved the murder of Smt. Dhaka, a widow, for which five persons were tried. One accused, Mam Chand, turned approver, and the prosecution relied solely on his testimony and on the recovery of articles, with no direct evidence linking the accused to the crime. The trial court convicted all accused, and the Hi…

The Commissioner of Gift Tax appealed against the Gujarat High Court’s order that upheld a valuation of 480 unquoted shares of an English private company using the break‑up method based on the 31 March 1963 balance sheet. The assessee had argued for an average break‑up value from the 1964 and 1965 balance sheets, while…

The husband filed a petition for divorce on the grounds of cruelty and desertion, alleging that his wife's continual quarrels and behavior forced him to live separately and caused a nervous breakdown requiring hospitalization. The trial court granted the divorce, but the High Court reversed the decision, finding no suf…

A.N. Shastri, a professor in Ayurvedic medicine, was promoted to Director of Ayurved under the Punjab Ayurvedic Department Rules, 1963. Former students filed a writ of quo warranto alleging that he lacked the required five‑year regular course degree for the post. The Punjab and Haryana High Court held that he did not p…

Vinod Kumar Singh, who scored 54.4% in his LL.B., was denied admission to the M.A. Law programme of Banaras Hindu University because the university required a minimum of 55%. He filed a writ petition. The Allahabad High Court Division Bench pronounced a judgment in open court on 28 July 1986 allowing the petition and d…

The Bank of India sued Vijay Transport and its partners to recover a cash‑credit loan of Rs.18,14,817.91, claiming mortgages over several properties. The Andhra Pradesh (Andhra Area) Agriculturists Relief Act, 1938 provides that debts of agriculturists may be "scaled down" under section 13, but section 4(e) excludes de…

The husband of the petitioner, Madhava Rao, was detained under Section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 for allegedly diverting levy cement meant for railway construction to private works. The petitioner challenged the detention through a writ petition…

The appellant, National Engineering Industries Ltd., dismissed Shri Kishan Bhageria, an internal auditor, after alleging unauthorised absence. Bhageria claimed salary arrears under section 33C(2) of the Industrial Disputes Act, 1947, and the employer contended that he was not a “workman” within the meaning of section 2…

The Maharashtra Government transferred the cotton‑related activities of the Maharashtra State Cooperative Marketing Federation to a newly formed Maharashtra State Cooperative Cotton Growers Marketing Federation. Employees who had been declared permanent by an industrial award of the Marketing Federation claimed that th…

The petitioners, two Grade‑A officers of the State Bank of Patiala, challenged Regulation 7 of the State Bank of Patiala (Officers) Service Regulations, 1979, which placed existing Grade‑A officers into two new grades—Senior Management Grade Scale IV and Middle Management Grade Scale III—based solely on whether they ha…

The respondents, who had appeared for a common postgraduate medical entrance exam in Rajasthan, were denied admission despite higher marks because the University of Rajasthan Ordinance No. 278‑E(d)(ii) added a uniform 5% weightage to candidates who had obtained their MBBS degree from the same college for which they sou…

The Central Bank of India obtained a decree against the State of Gujarat for a sum of Rs.59,69,422.59 with interest. While the State appealed the decree, the Bank levied execution and the State deposited the decretal amount in the executing court. The State then applied to the Gujarat High Court for a stay of execution…

The landlady (respondent No.1) leased a house in Chandigarh to Haryana Milk Food Corporation (respondent No.2) for the residence of its General Manager, R.P. Malhotra, who signed the lease on behalf of the corporation. After Malhotra left the corporation, the landlady stopped accepting rent and filed an eviction suit u…

The State of Bihar imposed a 5% sales tax on all hosiery goods sold within the state from October 1, 1983, and by a notification dated August 1, 1984 exempted hosiery goods manufactured in Bihar as an incentive to local industry. The West Bengal Hosiery Association and other petitioners filed a writ petition under Arti…

The petitioners, 75 employees of the Production Control Organisation (PCO) at Kharagpur Railway Workshop, challenged a 1979 memorandum that declared their posts ex‑cadre, alleging that it infringed vested rights and amounted to hostile discrimination compared with the PCO at the Integral Coach Factory (ICF) where posts…

Ashok Deshmukh, a permanent officer of the Social Welfare Department, was deputed as an officiating Block Development Officer in the Panchayat and Rural Development Department in March 1983. He was repatriated to his parent department in June 1984 by an order of the Secretary, which he challenged through a civil suit a…

The erstwhile Burmah Shell management staff pensioners filed a writ petition under Article 32 seeking escalation of their pensions, arguing that the rupee's loss of value and rising cost of living warranted a hike comparable to that granted by Hindustan Petroleum Corporation, a sister concern. The pension fund, origina…

The appellant, a retired District and Sessions Judge of the Uttar Pradesh Higher Judicial Service, sought the grant of super‑time scale recommended by the Selection Committee. The Full Court of the Allahabad High Court repeatedly rejected the recommendation, relying on adverse allegations made by the Administrative Jud…

The landlord sought eviction of the tenant under sections 14(1)(a) and 14(1)(b) of the Delhi Rent Control Act, 1958, alleging that the tenant had part‑ended possession of a residential‑cum‑commercial premises by allowing his sons to run a tent‑house business there. The tenant contended that he retained exclusive legal …

Two District Munsifs of the Tamil Nadu State Judicial Service were compulsorily retired by the Madras High Court under Rule 56(d) of the Fundamental Rules. They challenged the orders under Article 226, contending that only the Governor, as the appointing authority, could retire them and that the High Court lacked such …

The Coffee Board challenged the levy of purchase tax on coffee it received from growers under the compulsory delivery provision of the Coffee Act, 1942, arguing that the transaction was a compulsory acquisition and not a sale. The Karnataka High Court held that an element of consensuality existed, making it a sale liab…

The Rajasthan Public Service Commission, in its 1985 recruitment for the Administrative, Police and Forest Services, required candidates to obtain at least 33% marks in the viva‑voce (interview) as a condition for selection. Several candidates who failed to meet this cut‑off challenged the provision as unconstitutional…

B.C. Bansal was arrested on 2‑4‑1987 for allegedly directing illegal foreign exchange remittances and was kept in judicial custody until 13‑4‑1987. On the same day his bail was granted, the authorities issued a detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activi…

Sun Industries shipped plywood panels from Calcutta to Colombo and claimed drawback under Section 75 of the Customs Act. The vessel developed engine trouble, returned, and ran aground in Indian territorial waters, after which the cargo was salvaged. The Assistant Collector and Appellate Collector rejected the drawback …

The Supreme Court examined whether a disciplinary authority must furnish the delinquent with a copy of the Enquiry Officer's report before recording a finding of guilt, as required by Article 311(2) of the Constitution and the principles of natural justice. The Court observed that the Enquiry Officer acts as a delegate…

The Andhra Pradesh State Electricity Board was required under the Emergency Risks (Factories) Insurance Act, 1962 to insure its distribution and transmission lines against war‑risk damage. The Director of the Emergency Risks Insurance Scheme fixed a balance premium of Rs 47,59,109, which the Board contested on four gro…

The respondent, an Assistant Sub‑Inspector, was caught taking a bribe and was investigated and charge‑sheeted in a criminal trial. He challenged the framing of charges on the ground that the investigation violated Rule 16.38 of the Punjab Police Rules. The High Court held the rule to be mandatory and applicable to crim…

The Bombay High Court Division Bench criticised the Deputy Charity Commissioner’s conduct and competence while discharging quasi‑judicial functions under the Bombay Public Trusts Act, prompting the Charity Commissioner to seek special leave before the Supreme Court. The Supreme Court held that the High Court’s observat…

Subhash Chand, an adolescent convicted of murder under IPC s.302 and sentenced to life imprisonment, filed a writ petition under Article 32 seeking detention under the Punjab Borstal Act, 1926, relying on Hava Singh v. State of Haryana. The State opposed, arguing that the Act does not apply to offences punishable with …

The appellant, an employee of the Institute of Constitutional and Parliamentary Studies (ICPS), was dismissed in a disciplinary proceeding and challenged the order before the High Court, which held that ICPS was not a "State" within Article 12 and thus not amenable to writ jurisdiction. The Supreme Court was asked to d…

The case concerned seniority disputes between initial recruits (direct recruits under rule 4(2)) and officers recruited later through the Special Selection Board (SSB) under the initial recruitment provisions of the IFS Recruitment Rules. The Court examined whether the SSB must consider all eligible State Forest Servic…

The Food Corporation of India (appellant) hired Sureendra, Devendra & Mohendra Transport Co. (respondent) as a transport contractor under three written agreements. Disputes over demurrage, wharfage and shortage charges were referred to an arbitrator pursuant to an arbitration clause. The arbitrator reduced the appellan…

Bharat Coking Coal Limited filed a contempt petition alleging that Ram Nath Singh and his son, after the Supreme Court ordered maintenance of the "status quo as in the High Court" on 19‑12‑1986, deliberately concealed this order, approached the Patna High Court and obtained a favourable order on 3‑1‑1987 to lift sludge…

The appellants challenged the order of the Deputy Director of Consolidation that evicted them from land, invoking Section 209 of the Zamindari Abolition and Land Reforms Act. The Allahabad High Court allowed the writ petition, holding that the respondents had been in possession since May 1958 and that the six‑year limi…

The Election Commission of India appealed against two interim orders issued by the Bombay High Court that postponed the withdrawal deadline and stayed the poll for a Legislative Council election in Maharashtra. The respondents had filed a writ petition under Article 226 challenging the validity of the Election Commissi…

The Madhya Pradesh Electricity Board (M.P.E.B.) issued a supplementary bill demanding payment for electricity consumed after the meter installed at Smt. Basanti Bai's oil mill was burnt and one phase was found non‑functional. The Board threatened to disconnect supply unless the bill was paid. The petitioner challenged …

The Gujarat University held elections for 28 of the 42 seats on its Court while the remaining 14 seats were stayed by the High Court. The teachers who were elected to the 28 seats filed a writ petition under Article 226 seeking to set aside their election and to have fresh elections for all 42 seats. The High Court ent…

Pollonji Darabshaw Daruwalla, a customs appraiser, was searched and found to possess assets allegedly disproportionate to his known income for the period 1‑April‑1958 to 31‑Dec‑1968. He was convicted under the Prevention of Corruption Act, 1947 (s.5(1)(e) read with s.5(2)) for criminal misconduct, but the High Court ac…

The case concerned two registered partnership firms in which a partner died during the previous year. In the first firm, the partnership deed expressly provided that the firm would not dissolve on a partner's death, and the deceased partner's son was admitted as a new partner without executing a fresh deed. The Supreme…

Vidya Dhar Pandey was appointed principal of a higher secondary school run by Vidyut Grih Siksha Samiti in 1968. In June 1971 the managing committee terminated his services with one month’s salary in lieu of notice, without complying with Regulation 79 which required a director’s sanction, a formal enquiry, charge‑shee…

The State of Bihar filed a complaint under the Wild Life (Protection) Act, 1972 alleging that the accused killed an elephant and removed its tusks. A Judicial Magistrate took cognizance of the offence and issued summons, while a parallel police investigation under the Indian Penal Code was ongoing. The accused invoked …

The landlords of a building in Nagpur applied to the Rent Controller to evict Dr. M.K. Salpekar, who occupied part of the premises as a clinic, on the ground that he had secured alternative accommodation by building a residential house elsewhere. The Rent Controller allowed eviction under clause 13(3)(v) of the C.P. & …

The Supreme Court entertained a public‑interest writ petition filed by P. Sivaswamy after a social organisation’s letter alleged widespread bonded labour in stone quarries of Andhra Pradesh. The Court directed the State of Andhra Pradesh and the concerned states of Tamil Nadu, Karnataka and Orissa to identify, release …

The appellant, Om Prakash, was placed ex parte in a suit for specific performance of an agreement to sell a small piece of land. He filed several applications to set aside the ex parte order, but they were dismissed as unsigned or time‑barred. The trial court decreed specific performance based on the plaintiff’s witnes…

The importer claimed that wool material it brought in was "wool waste" and therefore exempt from customs duty under Notification 240/76‑cus. An expert committee held the goods were not wool waste, leading the Additional Collector of Customs to levy duty and confiscate the consignment. The importer appealed to the Custo…

The appellant, a liquor broker in Gujarat, was arrested for importing foreign liquor from Rajasthan and later detained under the Gujarat Prevention of Anti‑Social Activities Act, 1985, sub‑section 2 of s. 3, to prevent him from acting prejudicial to public order. He challenged the detention on grounds of procedural vio…

The appellants challenged a Mysore High Court order that condoned substantial delays in filing appeals against land acquisition awards, invoking Section 5 of the Limitation Act, 1963. They argued that the delay, caused by negligence of Government Pleaders, could not be deemed "sufficient cause" and that the condonation…

Vidya Prakash, a soldier in the Indian Army, was dismissed after being found guilty of being absent without leave by a summary court‑martial convened by his corps Commanding Officer, Major P.S. Mahant. He challenged the dismissal, contending that the Commanding Officer was not competent to preside over a summary court‑…

The Enforcement Directorate searched the appellant's house and seized currency, bank drafts, bank pass books and loose sheets. The appellant was arrested, gave a statement, later retracted it, and was released on bail with a condition to attend the Enforcement Department daily, which was subsequently varied. A detentio…

The Supreme Court entertained public‑interest writ petitions filed by a news editor and a trainee sub‑editor concerning mal‑administration in Tihar Central Jail, especially the treatment of juvenile under‑trials. The Court, after ordering a District Judge’s inquiry, found that juveniles were being housed with adult pri…

The Punjab Government, invoking a need to fill 100 seats reserved for Scheduled Castes and Scheduled Tribes in MBBS/BDS courses, lowered the minimum qualifying marks for these categories from the 40% prescribed by the Indian Medical Council (MCI) Regulation II to 35% and later to 25% for the 1987 session. Only 32 eligi…

The appellants, landlords residing in Meghalaya, filed a suit to evict the respondent tenant from a shop in Arrah, Bihar, on grounds of rent default and bona fide need under s.12(1) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977. The trial court and the first appellate court held that the tenant wa…

The appellant, a firm, leased a room and paid two months' rent in advance with the understanding that the amount could be set off against future rent. When it failed to pay rent for September and October 1972, the landlord sought eviction under section 11(1)(d) of the Bihar Building (Lease, Rent and Eviction) Control A…

The Supreme Court examined two sets of writ petitions concerning seniority disputes in the Central Bureau of Investigation (CBI). In the first, petitioners K. Madhavan and Santunu Sen challenged a seniority list that placed O.P. Sharma senior to them by assigning him a notional appointment date of 21‑10‑1971, retroacti…

An advocate filed a writ petition under Article 32, styled as a public interest litigation, alleging that the Supreme Court judges were influenced by Western law, had become a constitutional liability, and were sleeping on important issues. The petition used unsavoury language and appeared designed to denigrate the Cou…

In 1968 the respondents obtained land grants from the U.P. Bhoodan Yagna Samiti under Section 14 of the U.P. Bhoodan Yagna Act, 1952. The Additional Collector later cancelled these grants, holding that the respondents were not "landless persons" as intended by the Act because they were businessmen residing in Kanpur, o…

The mortgagors mortgaged a house with possession to a business firm in 1947, authorising the mortgagee to rent out the premises but obliging him to return possession on redemption. After the original tenant vacated, the mortgagee inducted Jadavji Purshotiam as a tenant in 1956. The mortgage was redeemed in 1972, and th…

The appellants, landlords, obtained an ejectment decree against the respondent under Section 77(3) of the Punjab Tenancy Act, 1887 for non‑payment of rent, and the decree was executed without any appeal. The respondent then filed a civil suit claiming he was a mortgagee in possession, not a tenant, and contended that t…

The case concerned 85 workers who had resigned from the Cochin Port Thozhilali Union and sought a refund of amounts that the union, through its president‑treasurer G.S. Dhara Singh, had collected from the employer on their behalf for gratuity and accident benefit funds. The workers filed civil suits demanding an accoun…

The Commissioner of Wealth Tax assessed the wealth tax on the entire value of assets held in three discretionary trusts created for the benefit of Arvind Narottam, invoking s.21(2) of the Wealth Tax Act, 1957. The trusts stipulated only a minimum annual payment to the beneficiary, with any surplus income and the corpus…

The Supreme Court considered two appeals by Dr. Ajay Pradhan and Dr. Sanjay Kumar Shrivastava who sought admission to postgraduate medical seats that became vacant towards the end of the 1986-87 academic year. Both relied on Rule 10 of the Madhya Pradesh Selection for Post‑Graduation Courses Rules, 1984, which states t…

The appellants, statutory tenants of a premises in Thane, were served a notice under Section 12(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 demanding payment of rent arrears of Rs.800 for the period September 1971 to December 1972. They failed to pay and raised no dispute about the amount of…

The appellant, a tenant, was evicted by the landlord on grounds of bona‑fide requirement and non‑payment of rent. The tenant argued that he had paid an advance of Rs 300 and that the landlord had collected Rs 70 per month instead of the contractual Rs 60, the excess of which should be adjusted against rent arrears unde…

The landlords (Smt. Rajbir Kaur & Anr.) leased commercial premises to S. Chokesiri & Co., who later allowed two sub‑tenants – a tailor and an ice‑cream vendor – to operate within the premises. The landlords sought eviction under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, alleging unauthorised sub‑l…

The appellant, a leprosy inspector, had an illicit relationship with Jayasambal, the wife of a doctor, which was terminated after their daughter discovered it. Aggrieved, the appellant watched a violent film and later attacked Jayasambal's house, killing her and her 12‑year‑old son and grievously injuring her daughter.…

The case concerned a Rs.4,00,000 loan advanced by the assessee to his partner in a flour and oil mill partnership, which the assessee claimed was a 'Quaraza-e-Hasana'—an interest‑free goodwill loan under Muslim law—and therefore should be excluded from his wealth for tax purposes. The Wealth‑Tax Officer and the Appella…

Ram Dass, a tenant, faced eviction by four brothers who had purchased the landlord's property and claimed a bonafide need for additional accommodation under the East Punjab Rent Restrictions Act, 1949. The Rent Controller granted eviction, the appellate authority reversed it, and the High Court, exercising revision und…

The tenant Tej Bhan, who had attorned his tenancy to Gopinath Agrawal and later to Chhaya Gupta, refused to attorn again and challenged the landlord's title, alleging defects in the original sale to Gopinath. The Supreme Court examined whether such a denial amounted to a denial of the landlord's title under Section 3(1…

The appellant, Mohar Singh, became the exclusive owner of one of two adjacent shops after a partition of co‑owners who had originally let both shops to the tenant, Devi Charan, under a single lease. Singh sought eviction of the tenant from his shop on the ground of bona‑fide need under Section 21 of the Uttar Pradesh U…

The respondent, a dealer manufacturing oils, applied for a recognition certificate under Section 4‑B of the U.P. Sales Tax Act, 1948 on 21‑Mar‑1969, but the certificate was issued only on 5‑Dec‑1969. Rule 25‑A(5) of the U.P. Sales Tax Rules stipulated that such a certificate would take effect from the date of its issue…

Satya Charan Srimani executed two trust deeds (1953 and 1959) transferring immovable property to himself and his son as trustees while reserving portions of the income for himself, his heirs and deities. After his death, the Estate Duty authorities questioned whether the properties were liable to tax under Section 12(1…

The Andhra Pradesh Government prepared a panel under Rule 8 of the 1982 Medical & Health Service Special Rules to fill four Professor of Cardiology vacancies, counting only teaching experience after a DM qualification and excluding Assistant Professors who held an MD/MRCP with two years of Cardiology training. Dr R Mur…

Jugal Kishore was injured in a collision between his three‑wheeler and a bus owned by Delhi Janata Co‑operative Transport Society and insured by National Insurance Co. The Motor Accident Claims Tribunal awarded Rs 10,000, which the Delhi High Court enhanced to Rs 1,00,000. The insurer appealed, contending that under Se…

The case concerned a parcel of land in Bandra, Bombay, originally shown as residential in the 1966 development plan, for which a developer sought permission to build a five‑star hotel. The Municipal Commissioner rejected the plan, citing a pending revision of the development plan that would earmark the land as a green …

A trust was created by Rajmata Vijaya Raje Scindia, including a large house. Two officers of the trust, together with a trustee (the settlor's son) and his wife, were alleged to have forged tenancy documents in favor of the wife, constituting a breach of trust. A complaint was filed and the accused were charged under I…

Sushil Kumar filed a civil suit and obtained a temporary injunction based on a copy of a partnership deed. The respondent alleged the deed was forged and lodged a police report, leading the magistrate to frame charges under IPC sections 465, 468, 120B and 420 but not under 471 and 474, citing Section 195(1)(b)(ii) of t…

The case concerned the seniority of temporary Assistant Engineers in the United Provinces Service of Engineers (Buildings and Roads Branch) Class II. The petitioners, appointed temporarily between 1947‑1950 and later confirmed, claimed that their seniority should be measured from the date they became members of the ser…

Raghu Nath Thakur, the highest bidder for a Benl Country liquor shop in Samastipur, failed to deposit the bid money. The Collector cancelled his bid and, without giving any notice, placed him on a blacklist for future contracts. Thakur challenged the order in the High Court, which upheld it, and then obtained special l…

Delhi Cloth & General Mills Ltd. set up a fertilizer plant at Kota and sought a concessional railway freight rate for transporting naptha from the Koyali refinery. The Railway Board, in a 1966 letter, offered a special rate of 85‑B but qualified it as subject to review when traffic began. When the company later request…

The petitioners, senior officers of the Uttar Pradesh State Judicial Service promoted to the Higher Judicial Service before the 1975 Rules, challenged the seniority list prepared by the High Court, alleging that their period of officiation was not treated as probation and that seniority was arbitrarily fixed from dates…

The appellants' land in Hasanapur, Karimnagar was acquired for the Lower Manair Dam project under the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded compensation of Rs.1,320 to Rs.4,000 per acre, which the District Judge enhanced to Rs.85,000 per acre under Section 18. The Andhra Pradesh Hig…

The case concerned the succession to the hereditary office of Sajadanashin of the Durgah Khawaja Saheb, Ajmer. The plaintiff claimed he was the nearest male heir under the rule of primogeniture, while the Durgah Committee argued that sections 13 and 21 of the Durgah Khawaja Saheb Act, 1955 gave it power to appoint any …