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520 judgments · newest first · showing 401–520
Sant Lal Bharti, claiming ownership of premises in Punjab, filed a writ petition challenging the constitutional validity of Section 4 of the East Punjab Urban Rent Restriction Act, 1949, on grounds of violation of Articles 14 and 19(1)(g) and alleged unreasonableness. The High Court dismissed the …
The respondent mortgaged his shop and handed possession to the mortgagees, who subsequently let the premises to the appellant as a tenant. The respondent sued for redemption of the mortgage and vacant possession; the mortgage was redeemed and an order was made to give possession to the respondent. …
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 …
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, …
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 …
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 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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 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 …
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 …
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, …
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 …
In November 1973 a dacoity occurred at Gangaram Yadav's house, resulting in the death of two brothers. The accused were arrested on 9 November 1973, but a test identification parade was conducted only on 5 March 1974, nearly four months later. Three eye‑witnesses, who were relatives of the victims, …
Kamal Kishore Saini was detained under section 3(2) of the National Security Act, 1980 on three criminal grounds. He challenged the detention before the Allahabad High Court, which quashed the order on the ground that he was not supplied with vital documents (statements under Sec. 161 CrPC, …
The appellant, a young clearing and forwarding agent, was detained under section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. At the Advisory Board hearing, he requested that a retired Assistant Collector of Central Excise assist him as a …
The case concerned the seniority of Munsifs appointed to the Uttar Pradesh Nyayik Seva after competitive examinations held in 1970, 1972 and 1973. The Public Service Commission had fixed minimum marks of 35% in the viva voce test for the 1970 exam; candidates who failed this were placed on a "third …
The landlord obtained permission to evict tenants under Section 3 of the 1947 U.P. Temporary Control of Rent and Eviction Act, which became final after a rejected revision. He filed a suit for eviction, which was later dismissed on a technical ground. Subsequently, relying on Section 43(2)(rr) of …
The State of Andhra Pradesh appealed against High Court decisions that set aside sales‑tax assessments made on returns filed after the prescribed filing date. The assessments were passed more than four years but within six years from the end of the assessment year. The Court examined the Andhra …
Balwant Kaur was convicted for the murder of her husband, Pritam Singh, based primarily on the testimony of co‑accused Ram Sarup, who turned approver. The prosecution alleged that Kaur conspired with Nand Singh and Sarup to murder her husband and that she had urged them to do so. The Supreme Court …
The petitioners challenged a notification dated 27 January 1984 issued by the Lt. Governor of Delhi for acquiring about 3,550 hectares of land for the planned development of Delhi. The question before the Supreme Court was whether the Lt. Governor, as the "appropriate Government" under section 4(1) …
Kamal Singh Ghugtyal, a former Havildar, filed a writ petition under Article 32 seeking a pension under the Army Pension Regulations, claiming more than 15 years of service in the regular army, including a stint in the Lok Sahayak Sena (LSS). The respondents produced service records showing his …
The appellants, contractors for supplying ballast to the Public Works Department, were detained under Section 3(2) of the National Security Act, 1980 on grounds that they had attacked a rival contractor with firearms and grenades, allegedly to intimidate him and influence tendering. They challenged …
A family partition deed allotted certain 'A' schedule properties to Maharaja Pillai, and after his death his widow was given the right to receive income from those properties for her maintenance. One of Maharaja Pillai's sons sued for a one‑third share in the properties. The trial court held that …
M.S. Jagadambal, the widow of Nagappa Naicker, sued the Southern Indian Education Trust and others to recover a low‑lying, seasonally submerged parcel of land (described as a "pit" or "Pallam") that her husband had purchased in 1929. She claimed continuous possession by her husband and herself and …
The petitioners, a company and its secretary, challenged a tax demand order issued by the Deputy Assessor of the Municipal Corporation of Delhi, seeking a writ of certiorari under Article 32 of the Constitution. They asked the Supreme Court to quash the composite tax demand of Rs.14,07,328. The …
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 …
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 …
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 …
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. …
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 …
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 …
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 …
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 …
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, …
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, …
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 …
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, …
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 …
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 …
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 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 …
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 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 …
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 …
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 …
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, …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
The landlady, residing abroad, sought to evict the tenant of a premises leased to M/s Bharat Carbons & Ribbons Manufacturing Co. under the Delhi Rent Control Act, 1958, claiming bona‑fide necessity. The tenant company had abandoned the premises, and the appellant – the widow of a former employee of …
A. Sudha, who had secured 54.7% in her B.Sc. but only 43.1% in the PUC (Physics, Chemistry, Biology), was admitted to a private medical college based on a letter from the college principal stating she was eligible for MBBS admission. The university later cancelled her admission, citing the …
The widow Mst. Shem inherited her husband's property in 1942 with only a life interest. In 1943 she executed a deed of gift in favour of Shri Dhari, the father of the appellants, but a suit filed by the respondents led to a compromise decree declaring the gift ineffective and providing that the land …
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 …
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: …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
The landlord, who ran a leather business, sought eviction of his tenant under section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960, claiming a bona‑fide need for the premises for the business of his two sons. The sons had entered into a partnership with unrelated …
The State of West Bengal appealed a High Court order that set aside an arbitral award concerning a silt‑clearance contract and appointed a new arbitrator. The original award, dated November 1966, was unsigned but had been acted upon by the parties and the sum awarded was paid. The respondent sought …
The appellant, Vasant Kumar Jaiswal, challenged a decision of the Madhya Pradesh High Court which had held that, in the absence of any statutory rule or executive order, seniority in a grade must be determined by length of service. Jaiswal contended that Rules 12(b) and 12(c) of the Madhya Pradesh …
Orient Transport Co. and another sued Jaya Bharat Credit & Investment Co. Ltd., seeking a declaration that eight agreements were loan contracts, not hire‑purchase agreements, and an injunction against enforcement. The trial, appellate and High Courts dismissed the suit, holding that Section 32 of …
The petitioners challenged the constitutionality of sections 14(1)(b), 16(2) and 30(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging that they were arbitrary, discriminatory and violated Article 14 of the Constitution. The case arose from an eviction order under section …
O.P. Gupta, an Assistant Engineer in the Central Public Works Department, was suspended in 1959 pending a departmental enquiry that lingered for over a decade. He was reinstated in 1970 but the enquiry continued, leading to his compulsory retirement in 1972. The Delhi High Court quashed the …
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 …
