Judgments of 1989

P.M. Paul, a contractor, entered into a two‑phase construction contract with the Union of India. A dispute arose over the handover of the site and alleged delays, leading the parties to invoke the arbitration clause in the contract. The Supreme Court appointed a former judge, Justice V. Khalid, as arbitrator, who award…

The petitioners, daily‑rated workers of the Delhi State Mineral Development Corporation appointed between 1983 and 1986, filed writ petitions under Article 32 seeking regularisation, equal pay with regular employees, and promotion. The Industrial Tribunal, after hearing both sides, held that the petitioners performed t…

Mohd. Zainulabdeen and Yasin Bi sued for a declaration that they were entitled to manage the Saint Syed Moosa Shah Khadiri Dargah for 27 days a year, claiming the right through their mother Fathima Bee, a co‑sharer under Muslim law. The trial court granted the relief, but the Madras High Court reversed, holding that Fa…

Mrs. Dhanalakshmi filed a criminal complaint before a Metropolitan Magistrate alleging that her husband, R. Pra. Anna Kumar, had committed bigamy and other offences by marrying another woman while divorce proceedings were pending. The High Court, invoking its inherent powers under Section 482 of the Code of Criminal Pr…

A group of medical graduates filed a writ petition challenging the Bihar government's prospectus for 1989 postgraduate medical admissions, which fixed the eligibility cut‑off date as 31 May 1989, allegedly contrary to the Supreme Court’s directions in Dr. Dinesh Kumar v. Motilal Nehru Medical College. The Patna High Co…

A public interest litigation was filed under Article 32 seeking separate schools and hostels for children of prostitutes. The petitioners argued that such facilities would protect the children from the adverse environment of prostitute homes. The respondents contended that segregation from their mothers was in the chil…

The petitioner, a Group ‘A’ scientist in the non‑medical wing of the Directorate General of Health Services, filed a writ petition under Article 32 seeking parity in pay scales, allowances, and a promotional avenue with his counterparts in the medical wing. The Court examined whether the denial of promotion and differe…

The appellants, manufacturers of Ayurvedic medicines including Arishtams and Asavas, challenged a Tamil Nadu notification dated 4 March 1974 and Tamil Nadu Act No. 23 of 1974 that imposed a 30% sales tax on these two preparations, while all other medicinal preparations were taxed at 7% (now 8%). They argued that the di…

India Carat Pvt Ltd filed a complaint alleging cheating and criminal breach of trust by its Divisional Manager, who misappropriated Rs 13.69 lakh. The police investigated and sent a ‘B’ report stating the matter was civil and no offence was made out. The Second Additional Chief Metropolitan Magistrate, ignoring the rep…

The Supreme Court heard a civil appeal concerning the Bhopal gas leak disaster, where Union Carbide Corporation (UCC) sought to resolve all claims arising from the tragedy. After reviewing extensive evidence, including data from U.S. courts and settlement negotiations, the Court deemed a comprehensive settlement approp…

The Women's Resources Centre SAHELI filed writ petitions under Article 32 on behalf of two tenants, Kamlesh Kumari and Maya Devi, alleging that police officers colluded with a landlord to evict them and brutally beat Kumari and her nine‑year‑old son Naresh, leading to the child's death. The petition sought compensation…

The State of Haryana sought review of a Supreme Court judgment that confirmed the conviction of Prem Chand and others for rape under IPC Section 376 but reduced their sentences from ten to five years by invoking the proviso to Section 376(2) on the basis of the victim's conduct. The Court examined the scope of review i…

The petitioners, employees of NABARD, challenged a refixation chart that granted fitment increments to officers who were in service before 1 February 1984 when the bank revised its pay scales retrospectively to that date. They argued that the increments violated Articles 14, 16 and the principle of equal pay for equal …

The Supreme Court considered a Special Leave Petition filed by Tek Chand against Sat Narayan under the Haryana Urban (Control of Rent & Eviction) Act, 1973. The issue was whether the exemption provided in Sections 1(3) and 13 of the Act continues for a fixed period of ten years and remains effective until the suit is f…

Punjab Anand Lamp Industries manufactured printed sleeves for packing electric bulbs and tube lights. The Collector of Central Excise classified these sleeves as items under Tariff Item 17(3) and demanded excise duty. The Customs, Excise & Gold (Control) Appellate Tribunal held that the sleeves could not be described a…

Tata Oil Mills Co. Ltd., a soap manufacturer, sought a rebate under Rule 8(1) of the Central Excise Rules, 1944, relying on Notifications 46/72, 153/73 and 25/75 which grant exemption for soap made from indigenous rice bran oil. The company used rice bran oil that was pre‑treated into rice bran fatty acid in a separate…

The All India Bank Officers' Confederation challenged a 23 August 1982 circular that allowed the Central Government to appoint any non‑workmen officer to the board of a nationalised bank, bypassing the panel of three names submitted by the majority association of non‑workmen employees. The petitioners argued that the c…

The dispute concerned inter‑se seniority between direct recruits and Emergency Commissioned Officers (ECOs) in the Central Reserve Police Force (CRPF). The Delhi High Court had ruled in favour of the ECOs, ordering that 37 direct recruits holding Commandant posts be reverted, which the direct recruits contested. They a…

Parma Nand, a time‑keeper, was found guilty of preparing a bogus pay‑bill and was dismissed by the competent authority under the Punjab Government Servants Conduct Rules, 1966. The Central Administrative Tribunal (CAT) reduced the dismissal to a stoppage of five future increments, holding the penalty disproportionate. …

The respondent, Prem Behari Khare, sued to be declared the sole owner of a suit house, alleging the appellant, Mithilesh Kumar, held the property benami. Trial and appellate courts upheld the respondent's claim, finding the house purchased by the respondent and held benami in the appellant's name. While the appeal was …

The assessee, K.C. Thapar & Bros. (P) Ltd., claimed deductions for losses incurred on the sale of shares of Bharat Starch & Chemicals Ltd. and Greaves Cotton & Co. Ltd. for AY 1959-60, which the Income‑Tax Officer disallowed on the ground that the transactions were at undervalued prices and were made to a group affilia…

The Prabha Manufacturing Industrial Co‑operative Society was allotted an "industrial plot" with a self‑constructed shed by the Custodian of Evacuee Property in 1949. The Society later sought a permanent allotment, but the Custodian sold the land at auction in 1960 to the predecessor of Banwari Lal. The Society challeng…

Sudarsan Trading Co. entered into a construction contract with the Government of Kerala which was later cancelled, leading the parties to refer their disputes to the arbitrator named in the agreement. The arbitrator issued three non‑speaking awards granting the contractor claims totalling Rs.31.15 lakhs, without provid…

The Punjab University limited admission to its evening LLB programme to regular employees of Government and semi‑government institutions, excluding private‑sector workers. Two applicants, one employed by a public‑limited company and another a temporary government employee, were denied admission despite high merit posit…

The respondent, ChempHar Drugs, manufactured patent and proprietary medicines and pharmacopoeia preparations and claimed exemption from excise duty under Notification 71/78, but omitted the value of goods falling under Tariff Item 68 in its declaration. The Collector issued a show‑cause notice and demanded duty for the…

The appellant had paid part consideration for a property and was given possession, but the respondent failed to execute the registered sale deed as agreed. The appellant sued for specific performance, but the plaint omitted an averment that he was ready and willing to perform his part, which is required under Section 1…

The Government of Maharashtra issued a draft notification under Section 3(3) of the Bombay Provincial Municipal Corporation Act, 1949 to create Kalyan Corporation by merging Kalyan, Ambarnath, Dombivali and Ulhasnagar. After receiving numerous objections, only the All India Sindhi Panchayat Federation was granted a per…

The Deputy Registrar of Marathwada University was dismissed by the Vice‑Chancellor after a departmental enquiry, despite earlier clean‑chit reports. The University argued that the Vice‑Chancellor had authority to discipline and that the Executive Council’s later ratification cured any defect. The Supreme Court examined…

The State of Jammu & Kashmir appealed against a Jammu & Kashmir High Court order that declared Sections 8 and 14 of the Evacuee (Administration of Property) Act, 2006 to have outlived their utility and directed that no future applications under Section 8 be entertained. The dispute arose from a sale of a property that …

Three private electricity supply companies in Tamil Nadu, whose licences were granted under the Indian Electricity Act, 1910, were initially ordered to be acquired by the State under the 1954 Act, but the orders were stayed. The Tamil Nadu Private Electricity Supply Undertakings (Acquisition) Act, 1973 later nullified …

The appellants, six members of an unlawful assembly, were convicted for the murder of two infant girls while attempting to kill the father, Baharan Mian. The trial court sentenced the two principal assailants (Accused Nos. 1 and 2) to death and the others to life imprisonment, later altering some convictions under Sect…

The Thana Electricity Supply Company held a licence to supply electricity which the Maharashtra State Electricity Board exercised its option to purchase upon expiry. The Indian Electricity (Maharashtra Amendment) Act, 1976 replaced the market‑value basis for the purchase price with a depreciated book‑value amount and a…

The petitioners, Tinsukia and Dibrugarh Electric Supply Companies, challenged the Assam Electricity (Assam Amendment) Act, 1973 and the Tinsukia & Dibrugarh Electric Supply Undertakings (Acquisition) Act, 1973 on the ground that the statutes were colourable, lacked a real nexus with Article 39(b) and (c) of the Constit…

The Supreme Court examined a series of appeals concerning senior government employees who were paid less than their juniors in the same cadre after promotions under Andhra Pradesh Fundamental Rules. The seniors argued that this violated the constitutional principle of "equal pay for equal work" under Articles 39(d), 14…

The appellants, manufacturers of metallic yarn, entered into a contract with the respondent that included clause 11 stating that any dispute would be subject to the jurisdiction of the Kaira court. The respondent sued the appellants in the Subordinate Judge's court at Salem for unpaid amounts and damages. The trial cou…

P.K. Mittal, a permanent officer of Punjab National Bank, submitted a resignation on 21 January 1986, giving three months' notice and specifying that it would take effect on 30 June 1986. The bank, however, accepted his resignation on 7 February 1986, waiving the notice period and relieving him immediately. Mittal file…

The respondents bought a premises that the appellant was occupying as a tenant. The appellant claimed an oral agreement with the previous owners to purchase the property, having paid Rs.5,000 as earnest money, and therefore refused to pay rent from December 1977 to May 1978. The respondents sued for eviction, and the l…

The landlords leased agricultural land to the respondents for ten years (1950‑60). After the lease expired, the landlords sought possession under the Bombay Tenancy and Agricultural Lands Act, 1948, but the application was dismissed because the land was only natural grass. They then terminated the tenancy under the Lan…

Smt. Pujari Bai, a displaced person, was allotted agricultural land and on 29 April 1963 received a permanent Sanad under Section 10 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954, conferring absolute title. Later, during consolidation proceedings under the East Punjab Holdings (Consolidation and Pr…

H.N. Kirtania, a Central Government officer holding a transferable post in the Regional Passport Office, Calcutta, was transferred to Jaipur. He refused to join the new posting, went on leave, and filed a writ petition in the Calcutta High Court challenging the transfer. The High Court granted an interim injunction res…

The respondent, a Central Government officer, was transferred from Calcutta to Jaipur on 14 March 1985 and relieved of his Calcutta duties on 15 March 1985. He filed a writ petition in the Calcutta High Court seeking to stay the transfer and later obtained an interim injunction. The High Court proceedings were transfer…

Shivaji Patil was charged under Section 302 of the Indian Penal Code for the murder of Tulashiram Sutar. The prosecution's case rested solely on the testimony of the deceased's wife, Parvatibai, who claimed to have seen Patil strike her husband with a stick but did not disclose his identity to the police or anyone else…

Shri Anantharamakrishnan died intestate leaving several heirs. One heir, Sivasailam, prepared the estate duty account and the other heirs agreed to be bound by his accounts. The assessing authority treated Amalgamations Private Ltd, a company that had received shares from the deceased, as a "controlled company" under s…

The Lions Club organized an eye‑camp in Khurja, Uttar Pradesh, inviting Dr. R.M. Sahay to perform cataract surgeries. Post‑operative intra‑ocular infections rendered many operated eyes permanently blind. Two social activists filed a public‑interest writ petition under Article 32 seeking compensation for victims, an inq…

Three private limited companies and their shareholders were granted government orders in the 1970s to extract and process resin from forests in Jammu & Kashmir. The Jammu & Kashmir Extraction of Resin Act, 1986 later barred all private extraction, mandated disposal of resin to a state company, and fixed prices, thereby…

Jawaharlal Nehru University (JNU) established a Centre of Post‑Graduate Studies at Imphal and appointed K.S. Jawatkar as an Assistant Professor. The Centre was later merged with the newly created Manipur University under the Manipur University Act, 1980, and JNU resolved that its staff would become employees of Manipur…

The Customs authorities seized typewriters and calculating machines and, under Section 110(2) of the Customs Act, were required to issue a show‑cause notice within six months or return the goods. They sought and were granted an extension of six months under the proviso to Section 110(2) but did not give notice of the p…

The petitioners, tea companies, challenged the levy of a rural employment cess on tea estates under the West Bengal Rural Employment and Production Act, 1976, as amended in 1981 and 1982. They argued that the levy, which was imposed on the despatches of tea rather than on the land, directly impeded the free flow of tra…

The respondent, a steel rolling‑mill owner, was served a demand for excise duty under Rule 10‑A of the Central Excise Rules after the mill changed hands and a short‑levied duty was alleged. The High Court held that Rule 10‑A could not be invoked where no prior assessment of duty existed, quashing the demand. On appeal,…

Two employees of a nationalised bank and two account‑holders were charged with conspiracy, cheating, forgery and corruption for allegedly withdrawing Rs.54,600 on the basis of false credit entries. The High Court quashed the proceedings against one employee, holding that the FIR, taken at face value, did not disclose a…

The appellants, originally appointed as Trade Apprentices and later promoted to Skilled Artisan, Instructor‑C (equivalent to Chargeman‑C) and Chargeman‑B, challenged Rule 328(2) inserted by the Railway Board, which retrospectively invalidated all promotions and service length accrued between August 1961 and March 1973.…

The State of Uttar Pradesh sought to acquire land for a market yard under the Land Acquisition Act, 1894, issuing a Section 4 notification and a Section 6 declaration on the same day after the 1984 amendment. The landowners challenged the simultaneous issuance, arguing that the amendment to Section 17(4) required the d…

The petitioners, promotee Deputy Executive Engineers of the Andhra Pradesh Engineering Service, challenged a government circular dated 12‑August‑1988 that fixed guidelines for drawing up an inter‑se seniority list of direct recruits and promotees, alleging that it violated the Supreme Court's direction in K. Siva Reddy…

The case concerned a widow, Smt. Yashoda Bai, who owned her late husband's immovable property and later adopted a son, executing an unregistered deed of adoption that purported to divest her of any right to alienate the property. She subsequently executed a registered sale deed in favour of the appellant, who sued for …

The landlord Gobind Ram Bohra sued tenant Sushil Kumar Mehta for ejectment, arrears of rent and damages, and obtained an ex‑parte decree from a civil court. Mehta contended that the civil court lacked jurisdiction because the Haryana Urban Rent Control Act, 1973 vests exclusive authority to order eviction in the Contro…

The respondent, Ambalal Sarabhai Enterprises, manufactured sorbitol and also produced starch hydrolysate, which it used internally. The Collector of Central Excise claimed that the hydrolysate was glucose, fell under Item 1‑E of the Central Excise Tariff and was liable to excise duty. The respondent argued that the hyd…

Izhar Hussain, a clerk in the Posts and Telegraph Department, was retired under Rule 2(2) of the Liberalised Pension Rules, 1950, which permits the Government to retire a servant at any time after completing 30 years of qualifying service. He challenged the retirement before the Allahabad High Court; the single judge d…

Baidyanath Mahapatra, a senior electrical engineer of the Orissa Government, was prematurely retired in 1983 under Rule 71(1)(a) of the Orissa Service Code based on a Review Committee's recommendation that relied on adverse entries in his service record, many of which were old, some communicated belatedly, and some sti…

A constable was killed when a tractor owned by Kashiram Yadav was driven by Raghuraj, who had no driving licence. The victim's widow and children claimed compensation, and the Motor Accident Claims Tribunal awarded Rs.96,000, holding the owner liable. On appeal, the owner and the insurer argued that the insurer should …

The Ossein and Gelatine Manufacturers' Association appealed to the Supreme Court against the Central Government’s order granting Modi Alkalies and Chemicals Ltd permission to set up an ossein and gelatine plant in Rajasthan under Section 22 of the Monopolies and Restrictive Trade Practices Act, 1969. The Association cl…

The State of Orissa contracted Niranjan Swain for construction of an earth dam and a dispute over the balance payment, security deposit and interest was referred to an arbitrator under the contract’s arbitration clause. The arbitrator awarded a lump‑sum of Rs 21,11,835 inclusive of interest, which the trial court made …

The appellant, a resident of Bazargaon village in Nagpur district, challenged the grant of a mining lease to respondent No. 4 over land that had been reserved for Nistar (grazing) purposes. The earlier application for a mining lease had been rejected because of this reservation, but the lease was later granted without …

The landlord, Excelsior Needle Industries, filed an eviction petition under the Haryana Urban (Control of Rent and Eviction) Act, 1973 alleging non‑payment of rent by the tenant, Rubber House. The tenant contended that the rent increase was unlawful, that he had already paid rent up to March 1975 and had tendered arrea…

The U.P. Cooperative Federation Ltd., an apex cooperative society, received interest of Rs.9,000 on a cash security of Rs.2 lakh furnished to a cooperative sugar factory under an agency agreement, and interest of Rs.51,295 on loans advanced to its member societies for sugar distribution. The Revenue challenged the soci…

The appellants, a body of individuals, bought two parcels of land in 1966 and in 1970 granted a ten‑year mining lease to an allied private company for a premium of Rs.5 lakh. The Income‑Tax Officer treated the lease‑hold interest as a transfer of a capital asset and levied long‑term capital gains on the premium, valuin…

The Income‑Tax Officer issued a notice under section 148 of the Income‑Tax Act, 1961, alleging that three cash‑credit entries totalling Rs 1 lakh had escaped assessment for the year 1965‑66. The assessee challenged the notice, arguing that it was issued more than seven years after the original assessment and beyond the…

Pal Singh occupied three rooms and a courtyard in an evacuee property that was later jointly purchased by Sunder Singh and the late Smt. Sham Kaur. In 1975 Sunder Singh filed an eviction suit under section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide requirement, but the other co‑owner (the heirs …

S.M.D. Kiran Pasha, a municipal councillor, was detained under the Andhra Pradesh Prevention of Dangerous Activities Act, 1986, after alleging political vendetta. He filed a writ petition under Article 226 challenging the detention, but the High Court dismissed it, insisting he first surrender and seek habeas corpus. T…

The Uttar Pradesh Public Service Commission conducted a two‑stage recruitment for Upper Zila Basic Shiksha Adhikari (Women) involving a written test and an interview. Due to an error in feeding results into the computer, candidates with higher written marks were omitted from the interview while lower‑scoring candidates…

The Marwar Tent Factory supplied 1,500 tents to the Defence Services under a contract that stipulated delivery F.O.R. Jodhpur. After dispatching the consignment by rail, the Commandant of the C.O.D. at Kanpur claimed that 224 tents were missing and deducted their price from the amount due. The factory sued for the pric…

The petition under Article 32 sought relief for Gyasi Ram, a death‑row inmate whose mercy petitions had remained pending for about eight years due to administrative delays, including the pending petition of his accomplice Daya Ram. The Supreme Court examined whether such inordinate delay in executing a death sentence v…

M.R. Kanojia, appointed as a Teacher Coordinator and later redesignated as a Hearing Therapist at AIIMS, sought to have his salary raised to the pay scale of Speech Pathologists and Audiologists, claiming that he performed the same work and that the State violated Articles 14, 16 and the Directive Principle of equal pa…

The State of Maharashtra issued an externment order against Salem Hasan Khan under Section 56 of the Bombay Police Act, alleging involvement in narcotics, riots and intimidation. Khan appealed the order under Section 60 and, while the appeal was pending, filed a writ petition under Article 226. The State Government dis…

The appellants, Carona Shoe Co. Ltd. and another, were tenants of a shop that had been let out by a mortgagee who held the property under a mortgage from the owner. After the owner redeemed the mortgage, the mortgagee and a subsequent mortgagee sued to recover possession of the shop, and the trial court ordered evictio…

The appellant, a tenant of a shop in a building owned by Respondent No. 1, was evicted under Section 21(1)(j) of the Karnataka Rent Control Act, 1961, which allows demolition and reconstruction. The eviction petition stated that the tenant could occupy a corresponding shop in the new building, and the tenant gave notic…

Two writ petitions filed under Article 32 highlighted extreme poverty, starvation deaths, and exploitation in Kalahandi and Koraput districts of Orissa. The petitioners alleged that the State had failed to protect lives and sought directions for immediate relief measures. The Court ordered a district judge to investiga…

The Corporation of the City of Bangalore published a notice under Section 98(1) of the City of Bangalore Corporation Act, 1949 inviting objections to a proposed octroi levy on certain items. After receiving objections, the Corporation placed them on the table, circulated a Commissioner’s note analysing them, and on 30 …

The respondent, Rajendra Prasad, was appointed as a chemistry lecturer in 1962 at Kulbhaskar Ashram Agriculture Intermediate College run by Kayastha Pathshala Society. After a series of suspensions and litigations spanning over 25 years, the Allahabad High Court ordered his reinstatement and payment of full arrears of …

The landlord sought eviction of tenant Duli Chand under Section 14(1)(b) of the Delhi Rent Control Act, 1958, alleging that the tenant had sub-let the shop to M/s Hira Lal Sri Bhagwan after June 9, 1952 without the landlord's written consent. The tenant contended that no sub‑letting occurred, that the business was run …

The appellant, a candidate for the Orissa Legislative Assembly, filed his nomination from Gopalpur while being an elector in Sorada. He submitted an attested copy of the Sorada electoral roll as it existed on 21 July 1983, arguing that this satisfied the requirement of Section 33(5) of the Representation of the People …

The appellant, a retired public officer, sought eviction of a tenant under the East Punjab Urban Rent Restriction Act, 1949, invoking Section 13A which allows a "specified landlord" to recover possession within a year of retirement. The appellant became landlord only after his father's death, i.e., after his retirement…

The appellants, tenants of intermediary landlords (Girasdars), challenged the allotment of land to the Girasdars under the Saurashtra Land Reforms Act, 1951. The Girasdars, classified as Class A, were entitled to three economic holdings (60 acres) and the authorities had to decide whether the surplus land should be tak…

The Collector of Central Excise appealed against the order of the Customs, Excise & Gold Control Appellate Tribunal which had allowed a refund to Ashoka Mills Ltd. for yarn produced between 17 March 1972 and 23 July 1972 and cleared for captive consumption before 24 July 1972. The dispute centered on whether the specia…

The case concerned four life‑insurance policies taken by G.V. Ranade and assigned in 1969 to his wife, Kamalabai Ranade. The Income‑Tax Officer issued a notice under Section 226(3) of the Income Tax Act directing the LIC to pay the policy proceeds to satisfy Ranade’s tax arrears. The LIC delayed making the statutory st…

The landlord (respondent) leased premises to Bajaj Auto Ltd (appellant) under an unregistered lease deed that prohibited sub‑letting without the landlord’s written consent, but allowed assignment to associate concerns without consent. Bajaj Auto sub‑let the premises to United Automobiles, its authorised dealer, without…

The accused were tried for murder under IPC sections 302/34. The prosecution examined 34 witnesses, including the investigating officer (PW‑34), and the accused were examined under Section 313 of the CrPC. The State sought re‑examination of the first accused under Section 313 and filed an unsigned correction slip to am…

The Supreme Court examined the compensation payable to the heirs of Mehta Ravindrarai Ajitrai for land acquired by the State of Gujarat under the Land Acquisition Act, 1894. The issue was how to determine the market value of the land for purposes of Section 23, specifically whether post‑acquisition sales and other inst…

The appellant company, Jenson and Nicholson (India) Ltd., had taken a flat on a leave‑and‑licence basis for its employees. The first respondent, Atul Kalra, a divisional sales manager, signed the agreement as the company’s attorney and occupied the flat as an employee. After three years he filed a civil suit claiming t…

The appellant, recruited as an Assistant Executive Engineer in the Military Engineering Service in 1962, challenged his placement at 483rd position in the 1967 seniority list, arguing that his prior Central Government service should have given him a higher rank. After his suit and subsequent appeals were dismissed, he …

Thirty-two bus conductors employed on a daily‑wage basis by the Karnataka State Road Transport Corporation (KSRTC) alleged that the corporation, being a statutory body, is a "State" within Art 12 of the Constitution and that it had discriminated against them by regularising nineteen similarly placed conductors and gran…

Surinder Kumar was convicted of murder under Section 302 IPC for stabbing PW 2 and his brother Nitya Nand, who died. He appealed, claiming the incident was a sudden quarrel and that Exception 4 to Section 300 IPC applied, reducing the offence to culpable homicide not amounting to murder. The Supreme Court examined the …

The respondents, senior officers in the Maharashtra Subordinate Secretariat Service, challenged a revised seniority list that placed them below juniors who had passed the departmental examination earlier. The promotion to Superintendent required passing a yearly exam; failure to pass within a stipulated period resulted…

The appellant, G.D. Gupta, occupied a building in Danapur Cantonment under an invalid lease deed. The owner sued for eviction and arrears of rent, and during the pendency the Bihar Buildings (Lease, Rent and Eviction) Act, 1947 was extended to the area on 14‑02‑1970 with prospective effect. The 1974 eviction suit alleg…

Chanda, a newly married woman, died from severe burns after a fire broke out in her in-laws' house; neighbours rescued her but she later succumbed to her injuries. Her parents alleged dowry harassment and filed a police report; the investigation led to a charge sheet under s.306 IPC read with s.34 against her brother D…

The Commissioner of Income Tax appealed against the tax benefit claimed by East West Import & Export Ltd. under Section 23A(1) of the Income Tax Act, 1922, which required that shares carrying at least 25% of voting power be freely transferable throughout the previous year. The company had removed transfer restrictions …

The petitioners challenged a Gujarat Government notification that amended Rule 21 of the Gujarat Minor Minerals Rules, raising the royalty on Black Trap and Hard Murrum from Rs 4 to Rs 7 per metric tonne. They argued that the royalty, being a tax, must be used only for mineral development under Entry 50 of the Constitu…

Ess Dee Carpet Enterprises, a partnership engaged in manufacturing and selling carpets in Rajasthan, challenged the applicability of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, on the ground that carpets were not "textiles" under Schedule I of the Act. The Regional Provident Fund Commissioner…

The appellants, dealers in tamarind in Andhra Pradesh, purchased tamarind from Orissa, paying tax there, and brought it into the state for sale. An amendment to the Andhra Pradesh General Sales Tax Act, 1957 (Act 19 of 1986) moved tamarind bought outside the state to the First Schedule, taxing it at the point of first …

The Collector of Central Excise appealed against a Tribunal order that held Decent Dyeing Co. not liable for the differential excise duty on base acrylic yarn used for texturising. The dyeing company paid duty at Rs 10 per kg under Notification No. 125/75‑CE, assuming the base yarn’s duty had already been discharged by…

The State of Madhya Pradesh, in its 1961 industrial policy, promised a five‑year exemption from electricity duty to industrialists who generated power themselves using new generating sets installed during the Third Plan. Orient Paper Mills Ltd. indicated in 1955 that it would need 5,000 kW and planned to set up its own…

Industrial Chain Concern sued Indian Overseas Bank for Rs.26,383.49, alleging that the bank negligently allowed its manager, Sethuraman, to open a fictitious account in the firm's name, deposit stolen drafts and cheques, and collect the proceeds. The bank contended it acted in good faith, declined an overdraft facility…

Parekh Automobiles Ltd. (respondent No.1) obtained petroleum products from Indian Oil Corporation (respondent No.2) at a depot inside Jodhpur municipal limits, which were then re‑exported to the dealer's outlet at Dangiawas outside the limits. The Jodhpur Municipal Council claimed octroi was payable because the goods e…

The respondent, Pradip Kumar Sarkar, lodged fully paid‑up shares with Luxmi Tea Co. for transfer to his name, but the Board of Directors refused to register the transfer. He filed an application under section 155 of the Companies Act, 1956 for rectification of the share register, which the Calcutta High Court allowed. …

Koch Navigation chartered its vessel to Hindustan Petroleum for oil transport. A dispute was referred to a single arbitrator in London, who awarded a principal sum, interest, and ordered the costs of the arbitration reference to be paid by the respondent, to be determined by agreement or, failing that, by taxation. The…

Maganlal mortgaged his property to M.P. State Financial Corporation. When the loan defaulted, the corporation invoked Sections 31 and 32 of the State Financial Corporations Act, 1951 to attach and sell the property. The first purchaser (Jaiswal Industries) obtained the sale, which was set aside, re‑sold to a second pur…

The Cardamom Planters Association, a society registered under the Societies Registration Act, acted as a commission agent/auctioneer for cardamom growers, collecting a 1% commission on sales. It was assessed for sales tax and a surcharge under the Kerala General Sales Tax Act, 1963 and the Kerala (Surcharge on Taxes) A…

The Haryana Public Service Commission advertised recruitment for District Food and Supplies Officers, requiring five/three years of experience as an executive officer. Inspectors and Sub‑Inspectors of the Food and Supplies Department applied, but the Commission demanded a certificate from the State Government confirmin…

The case concerned four medical colleges in Bombay, three run by the Municipal Corporation and one by the State, all affiliated to the University of Bombay. Rules 4A (Municipal) and 5 (State) gave preference to candidates who had completed their MBBS at the same college for admission to M.D. courses, even if they score…

The petitioners, convicted of murder and sentenced to death, sought commutation to life imprisonment on the ground of an inordinate delay in execution. The Supreme Court examined conflicting precedents on whether a two‑year rule or any fixed period of delay makes a death sentence inexecutable. It held that only the del…

The Managing Committee of Bhagwan Budh Primary Teachers Training College started a teachers' training college in Bihar without obtaining statutory recognition and later sought a court order to allow its students to sit for examinations, arguing that the government's decision on its recognition application was pending. …

Sukhjinder Singh was detained under the National Security Act, 1980 on 28 May 1988. His son, Sukhpal Singh, filed writ petitions seeking habeas corpus, alleging that the detention order was issued without subjective satisfaction, that there was an inordinate delay in considering the detenu's representation, and that th…

The builder entered a permanent lease with the Board of Governors of La Martiniere School, which was opposed by the Old Martinians Association. While a High Court appeal was pending, the parties executed a compromise agreement on 12 September 1986, but the compromise petition was filed in the Supreme Court only in May …

Ambati Narasayya's 10‑acre land was attached and sold in execution of a decree for a debt of about Rs 2,400. The entire parcel fetched Rs 17,000 and was sold to the respondent. The appellant challenged the sale, arguing that under Order XXI Rule 64 of the Code of Civil Procedure the court should have sold only that por…

The appellant, a government servant, was dismissed by the Collector on 13 January 1966 and his appeal to the Divisional Commissioner was dismissed on 31 August 1966. He filed a suit on 30 September 1969 seeking a declaration that the dismissal was inoperative, but the trial court and the High Court dismissed the suit o…

The petitioner challenged his preventive detention under Section 3(2) of the National Security Act, 1980, arguing that the order dated 15 April 1988 was executed after an unreasonable delay (arrest on 2 October 1988) and that the grounds cited were not genuinely related to public order and were vague. The Supreme Court…

The appellant, a non‑profit society running a school, challenged a demand for general tax by the Delhi Municipal Corporation, claiming exemption under section 115(4)(a) of the Delhi Municipal Corporation Act, 1957 on the ground that it pursued a charitable purpose. The Delhi High Court dismissed the petition, holding t…

The appellants, diploma‑holder supervisors in the Andhra Pradesh Engineering Subordinate Service, challenged the State’s rule that granted graduate supervisors a higher pay scale than non‑graduate supervisors, invoking the principle of equal pay for equal work under Article 39(d) and alleging violation of Articles 14 a…

The appellant, I.T.C. Ltd., chartered two imported fishing trawlers from the respondents but later claimed the vessels were defective and that the charter party was void due to a mutual mistake about the refrigeration system and alleged violation of import licence conditions. The respondents filed an application under …

Testees Ltd. entered into contracts with Malaysia's National Electricity Board for transmission towers and registered them under the 1969/1970 cash‑assistance scheme. The company received assistance for some contracts but was denied for later contracts, the government arguing that exports made after the dates prescribe…

The Karnataka Public Service Commission advertised for Motor Vehicle Inspectors in 1983, requiring a diploma in Automobile or Mechanical Engineering, and began the selection process in 1984. Due to High Court interim orders, the final select list was only prepared on 2 June 1987 and published on 23 July 1987. While the…

The Bihar State Madarasa Education Board dissolved the managing committees of two minority‑run Madarasa institutions for failing to obey its salary directives, invoking Section 7(2)(n) of the Bihar State Madarasa Education Board Act, 1982. The institutions challenged the dissolution before the Patna High Court, allegin…

The appellants, who run private educational institutions, challenged the Tamil Nadu Private Educational Institutions (Regulation) Act, 1966 on the ground that several of its provisions gave unfettered discretionary power to the State, violating Article 14 of the Constitution. The High Court had struck down only section…

Jamunadas C. Tuliani, the landlord, sued five tenants and Arjun Khiamal Makhijani (defendant No.6) for eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, alleging six months' rent arrears and illegal sub‑letting of a garage. The trial court decreed eviction on the grounds of rent default …

The appellant, a contractor, entered into a contract for constructing an embankment but failed to complete the work, leading to contract termination by the respondents. He filed an arbitration claim (Case No. 132 of 1980) seeking rate enhancement, interest and costs, while the respondents filed a counter‑claim. The arb…

Southern Roadways Ltd., a transport company, appointed S.M. Krishnan as its agent at Madras and allowed him to use a leased godown for the company's business. After discovering mismanagement and misappropriation of funds, the company terminated Krishnan's agency on 14 October 1988 and took possession of the godown on 1…

A public interest writ petition under Article 32 sought enforcement of Articles 14 and 21 for juvenile delinquents, alleging denial of rights under the Juvenile Justice Act, 1986. The Supreme Court, having previously issued directions for implementation, was asked to order the setting up of Advisory Boards at both Stat…

The appellants were awarded 92 acres of forest land by a Kerala High Court decision in MFA No. 401/78 under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The State returned part of the land but later realized it contained valuable timber and refused to issue transit permits for the trees. The appellant…

The petitioner was detained under the Gujarat Prevention of Anti‑social Activities Act, 1985 on the grounds that he was a 'bootlegger' and a 'dangerous person' whose activities threatened public order. The detaining authority relied on four liquor‑related cases under the Bombay Prohibition Act and a single criminal cas…

The petitioner, Rama Dhondu Borade, was detained under the National Security Act, 1980 on the ground that his activities threatened public order in Greater Bombay. He filed a writ petition challenging the legality of his detention, alleging that the Union of India unreasonably delayed consideration of his representatio…

Non‑graduate Excise Preventive Officers challenged an amendment to Special Rule 2 of the Kerala Excise & Prohibition Subordinate Service Rules that introduced a 1:3 ratio favouring graduates for promotion to Second Grade Excise Inspector. The Kerala High Court and a Division Bench held the amendment violated Articles 1…

Gujarat Steel Tubes Ltd., a manufacturer of black and galvanised steel tubes, challenged the Kerala tax authorities' assessment that its galvanised pipes were taxable under Entry 46 of the Kerala General Sales Tax Act. The company argued that the galvanised pipes were "declared goods" and should not attract additional …

The appellant, a former civil engineer of the erstwhile State of Junagadh, was compulsorily retired in 1961 and later deemed to have served until 1964 following a Supreme Court order. After his retirement, the Gujarat Government reduced his pension and gratuity by 50% under a show‑cause notice, invoking Rules 188 and 1…

The Municipal Board of Bareilly imposed octroi on mineral oils in 1969, invoking rules framed in 1963 that removed the earlier exemption. Bharat Oil Company challenged the levy, arguing that Rule 131 of the 1925 Octroi Rules, which exempted mineral oil, still barred the Board. The Supreme Court examined whether the 196…

HMM Ltd., a manufacturer of Horlicks malted milk powder, imported the powder in bulk drums into Bangalore, repackaged it into small bottles and exported most of it outside the municipal limits. The company paid octroi duty on entry but claimed a refund, arguing that the goods were not used, consumed or sold within the …

The Secretary to the Government of Orissa entered into a contract for works with S. Rout, which later gave rise to a dispute referred to arbitration. The arbitrator awarded interest, which the appellant challenged under Section 39 of the Arbitration Act, 1940. The Supreme Court examined whether the arbitrator could awa…

The Senior Subordinate Judge decreed a pre-emption suit in favour of Johri Singh, directing payment of Rs 41,082 less Zare‑Panjum (i.e., 4/5 of the amount) by 31‑Dec‑1975. The decree‑holder deposited the calculated sum but later discovered a shortfall of Rs 100 due to an arithmetic error. He applied for condonation of …

The case concerned a tenancy holding that devolved to Smt. Sukhia, the widow of Chain Sukh, under Section 35 of the United Provinces Tenancy Act, 1939. After Chain Sukh’s death, Smt. Sukhia remarried Gopal Singh in a customary “Karwa” ceremony and had a son, Chander Pal. The appellant, Smt. Mainia, sister of Chain Sukh…

The Bhopal gas leak of December 2, 1984 killed about 2,660 people and injured tens of thousands. The Union of India and Union Carbide Corporation appealed against an interim compensation order of Rs.250 crores. The Supreme Court, considering the urgent need for relief, the range of offers (US$426‑500 million) and the g…

The Supreme Court examined whether an award under the Arbitration Act, 1940 could be remitted or set aside solely because the arbitrator or umpire did not give reasons. The Court held that unless the arbitration agreement, deed of submission, or a specific court order or statute requires reasons, an arbitrator is under…

The appellant was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for allegedly facilitating unauthorized foreign exchange transactions. He filed a representation against his detention, which he handed to the Superintendent of the Central Prison, Bomb…

The Supreme Court examined a petition by Kiran Bedi and Jinder Singh challenging orders of a Committee of Inquiry that compelled them to appear for cross‑examination at the outset of the inquiry and led to complaints against them under Section 178 of the IPC. The Committee had treated them differently from three other …

Jitender Tyagi was detained under the National Security Act, 1980 by an order dated 19 January 1989 issued by the Delhi Police Commissioner, who was delegated the power by the Delhi Administration. The order was approved by the Administrator on 31 January 1989. Tyagi challenged the detention on three grounds: the compu…

R.L. Khurana, originally a clerk in the Punjab Police, was appointed as an Excise Sub‑Inspector and later reverted to his parent department. He obtained a decree from a civil court confirming his right to continue in the substantive Excise post, overturning the reversion. Subsequently, the Excise Commissioner retired h…

Maharana Mills, a textile manufacturer in Saurashtra, challenged assessments for 1957-60 on the ground that the Central Government’s 1956 Explanation added to the 1950 Removal of Difficulties Order was ultra vires and that depreciation should be computed only on the basis of the actual depreciation actually allowed und…

The Supreme Court examined appeals filed by the State of Jammu & Kashmir and the candidates who had been selected to the MBBS/BDS courses against a Jammu & Kashmir High Court judgment that had set aside those selections. The High Court had directed the State to create a statutory independent body for admissions, based …

The Supreme Court examined the validity of the Controller of Capital Issues' (CCI) consent to Reliance Petrochemicals Ltd.'s (RPL) issue of fully convertible debentures, which petitioners alleged was granted with undue haste, without proper application of mind, and in violation of non‑statutory guidelines, security req…

The appellants, P.C. Dalui and others, held a lease dated 26 September 1946 for an initial ten‑year term with contractual options to extend the lease for two further five‑year periods and a final one‑year period upon payment of enhanced rent. They exercised the two five‑year extensions but did not take the one‑year ext…

The Food Corporation of India (FCI) entered into a contract with Joginderpal to supply paddy for shelling into rice at a 70% yield, with a shelling charge of Rs 2.20 per quintal. A dispute led to the appointment of an arbitrator who, in a speaking award dated 22 January 1982, disallowed FCI's claims for a penalty of Rs…

The petition challenged a detention order dated 23 May 1988 issued by the Commissioner of Police, Ahmedabad under Section 3(2) of the Gujarat Prevention of Anti‑Social Activities Act, 1985 against Abdul Latif Abdul Wahab Sheikh, who was already in jail. The petitioner argued that the detaining authority had not applied…

The Madhya Pradesh Town Improvement Trust acquired 152 acres of land, including 12.62 acres owned by Suresh Kumar, under Section 68 of the Town Improvement Trust Act. The Trust offered compensation that the appellant challenged, leading the Compensation Tribunal to award modest sums and the High Court to raise the land…

The respondents, dealers in hides and skins, claimed that leather splits and coloured leather fell within entry 14(1)(iii) of the Central Sales Tax Act, 1956 – "hides and skins, whether in a raw or dressed state" – and were therefore entitled to the concessions of section 15. The assessing authority allowed the claim f…

Rajatha Enterprises was granted a lease by the Karnataka Government to construct a shopping complex‑cum‑school on a government plot in Bangalore. The construction proceeded, but the Municipal Commissioner later ordered reduction of the building height and threatened demolition of the upper floors for alleged violations…

The Rajasthan Medical and Health Subordinate Service Rules, 1965 created two distinct cadres – a Nursing cadre and a Compounder cadre. Two employees, Bansi Lal Sharma and Shanti Lal Jain, challenged the rules, alleging that the bifurcation arbitrarily denied Compounder Grade‑I employees a promotion channel to higher nu…

Gujarat Travancore Agency, a registered firm, failed to file its income‑tax returns for assessment years 1965‑66 and 1966‑67 within the statutory time limits. After notices under section 139(2) were served, the firm filed the returns and the Income‑Tax Officer imposed penalties under section 271(1)(a) of the Income Tax…

The petitioners, tenants of newly constructed buildings in Chandigarh, challenged the constitutional validity of Section 3 of the East Punjab Urban Rent Restriction Act, 1949 and a 1974 notification that exempted such buildings from Section 13 for five years. They argued that the exemption was indefinitive, discriminat…

Playworld Electronics Pvt. Ltd. manufactured wireless sets, tape recorders and tape players that were unbranded in its price list but were sold exclusively under the "Bush" brand to Bush India Ltd. and its authorised dealers. The Revenue issued a Show‑Cause Notice alleging that Bush India was a "related person" and tha…

Purolator India Ltd., a manufacturer of filters, declared its assessable value for excise duty based on the price at which it sold the goods to its customers under various brand names. The Revenue issued show‑cause notices demanding that the assessable value be computed on the basis of the price at which the customers …

Hind Lamp Ltd., a manufacturer of electric lamps, sold its entire output to five customer companies under the latter's brand names. The Central Excise authorities argued that the value for excise duty should be based on the price at which these customers subsequently sold the lamps to wholesale dealers, while Hind Lamp…

Elel Hotels and Investments Ltd. and other hoteliers challenged the Hotel Receipts Tax Act, 1980, which imposed a 15% tax on the gross receipts of hotels whose room charges were Rs.75 or more per day per individual. The petitioners argued that the Act was beyond Union legislative competence, falling under the State Lis…

Express Hotels and other petitioners challenged the constitutional validity of luxury taxes imposed by Gujarat, Tamil Nadu, Karnataka and West Bengal on hotel and lodging services, arguing that Entry 62 of List II of the Constitution only permits taxes on tangible goods, not services, and that the statutes violated Art…

The Federation of Hotel & Restaurant Association of India and other hotel operators challenged the Expenditure Tax Act, 1987, alleging that Parliament lacked legislative competence and that the Act violated Articles 14 and 19(1)(g) by arbitrarily classifying hotels based on a Rs.400 per day room charge and imposing an …

The appellants, owners of premises in Ranchi, leased the property to the respondents for 20 years, a lease that expired on 31 July 1971. The respondents gave a notice on 16 July 1971 claiming a month‑to‑month tenancy and the appellants filed an application under section 12 of the Bihar Buildings (Lease, Rent and Evicti…

The deceased A.G. Merchant died in 1959 and the accountable persons filed estate duty returns, resulting in an assessment on 26 February 1960 under the Estate Duty Act, 1953. The Estate Duty (Amendment) Act, 1958 repealed sections 56‑65 and introduced a new Section 59, effective 1 July 1960, to allow reassessment of pr…

Electronics Corporation of India Ltd entered into an agreement with a Norwegian firm for technical services and sought a No Objection Certificate under s.195(2) of the Income Tax Act, 1961 to remit payments without tax deduction. The Commissioner rejected the application, holding that s.9(1)(vii) deemed the fees to acc…

Jaishri Engineering Co. applied for a central excise licence to manufacture goods classified under Tariff Item 68 and claimed exemption under notifications 89/79‑CE and 105/80‑CE. The Excise Department later issued a show‑cause notice alleging that the company had manufactured and removed 14,88,838 pieces of nuts, whic…

The appellants, a partnership firm, were tenants of a shop in Madras and allegedly sublet the premises to another partnership firm, M/s. Adeshwar Glass Mart, without the landlord's consent. The landlord filed an eviction petition under Section 10(2)(ii)(a) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 …

The assessees, Super Cotton Bowl Refilling Works, repaired and refilled cotton bowls used in textile calendering machines and sought a declaration under section 35 of the Uttar Pradesh Sales Tax Act, 1948 that their activity did not constitute "manufacture" or "sale". The Commissioner of Sales Tax held that both questi…

The landlord sought eviction of his tenant under Clause 13(3) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949, alleging wilful default in rent payment and a bona‑fide requirement for possession. The tenant argued that he paid rent in lump‑sum instalments, which the landlord accepted without objecti…

The Union of India appealed against two Bombay High Court judgments that had ordered the revalidation and endorsement of imprest licences held by Suksha International and Nutan Gems, recognised export houses for importing uncut diamonds. The respondents claimed that after fulfilling their export obligations they were e…

Rup Diamonds, a recognised export house, was granted six imprest licences for importing uncut diamonds and fulfilled the associated export obligations. After several years, it applied in 1986 for revalidation and endorsement of these licences under paragraph 185(4) of the 1982-83 Import‑Export Policy, but the Joint Chi…

The dispute concerned a garden and temple complex in Jaipur claimed as community property of the Darjee (tailors) community. The appellant, Kalyan Singh, challenged a decree that had upheld the plaintiff’s title based on a 1916 will and an 1875 sale deed. The Supreme Court examined whether the earlier suit against Bhon…

Dunlop India Ltd manufactured cushion repair compound, tread repair compound and cover compound, which it asserted were used solely for repairing tyres and conveyor belts and therefore entitled to exemption from excise duty under Notification No. 71 of 1968. The Superintendent of Central Excise and the Collector reject…

Members of the Thousand‑Yadhava community filed a representative suit against the trustee of two temples seeking a decree for the rendition of true accounts and payment of amounts due. The defendants contended that the temples were public religious endowments under the Tamil Nadu Hindu Religious and Charitable Endowmen…

The appellants, tenants of a premises in Bijnor, were sued for eviction in 1967 under the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947, on the ground that they had made material alterations to the building. Lower courts held the alterations were material and ordered eviction; the High Court affirmed…

The petitioners, owners of land in Sholapur, challenged the acquisition of their land under the Urban Land (Ceiling & Regulation) Act, 1976, arguing that the Act should not apply to land reserved for public purpose under the Maharashtra Regional and Town Planning Act, 1966 and that sections 10, 11 and 23 of the Act vio…

The respondent landlord and the appellant entered into a written agreement that was labeled as a leave and licence, but its terms required payment of monthly rent, prohibited sub‑letting, and provided for renewal, indicating an interest in the premises. After the agreement expired, the landlord sued for eviction, claim…

The Supreme Court examined an eviction suit filed by the landlord against Vega Trading Corporation, which held over a lease originally dated 1948. Clause 6 of the lease allowed the tenant to sub‑let any unused portion, but after the West Bengal Premises Tenancy Act, 1956 came into force, the tenant created new sub‑tena…

Jitendra Nath Biswas, an employee of Empire of India & Ceylon Tea Co., was dismissed after a domestic enquiry for alleged misconduct. He filed a civil suit in the Munsiff Court seeking reinstatement, back wages and an injunction against the dismissal. The respondents contended that such relief was exclusively available…

The appellant, a transporter, brought goods into Delhi without paying the required terminal tax and was levied a penalty of ten times the tax under Section 464 of the Delhi Municipal Corporation Act, 1957. He challenged the demand by filing a writ petition, but the Delhi High Court upheld the penalty, holding that it c…

The Bihar State Government issued a notification on 18 November 1986 bifurcating the single Secondary Education Service cadre into separate cadres, allegedly to provide quicker promotional avenues for lower‑ranked teachers. The notification was challenged before the Patna High Court, which held that the bifurcation vio…

The petitioners, daily‑rated carpenters employed by the Himachal Pradesh State Handicrafts Corporation, filed a writ petition under Article 32 seeking "equal pay for equal work" with regular government carpenters or, alternatively, the minimum wages fixed by the Deputy Commissioner. The respondents argued that the corp…

The Assistant Collector of Central Excise and others filed review petitions against the Supreme Court's judgment and order dated 20 December 1986 in the Madras Rubber Factory Ltd. case. The respondents argued that the judgment should remain final, while the petitioners contended that the earlier decision conflicted wit…

The appellant filed a suit for specific performance of a contract to sell a property and was ordered by the High Court to discharge a mortgage and deposit Rs.3.45 lakh with interest. She paid the mortgagee directly, which the High Court rejected, and later deposited Rs.2.42 lakh and subsequently tendered a cheque for R…

Mahesh Travels & Tours and other launch operators ran joy‑rides from the Gateway of India to Elephanta Island. A cooperative association of launch owners used a voluntary roster to avoid competition, but the appellants were excluded. The Deputy Conservator of Bombay Port Trust, on police direction, imposed a compulsory…

The appellant purchased a property by a registered sale deed in 1950 and the respondent entered into a rent agreement with her in 1951. In 1974 the respondent sued for conveyance of the property based on an alleged handwritten 'yadast' by the appellant's mother, which was unstamped, unregistered and later found to be f…

The Bazpur Co-operative Sugar Factory Ltd., a cooperative society, required its producer‑shareholders to deposit amounts into a 'Loss Equalisation & Capital Redemption Reserve Fund' under a bye‑law. The deposits were used for the society’s business, including converting partly paid shares to fully paid shares and repay…

The Haryana State Agricultural Marketing Board contracted a builder to construct an office building and stipulated that any dispute would be arbitrated by the Board's Superintending Engineer. Shri D.P. Gupta was appointed arbitrator, but the Board's Chairman ordered his reversion to his parent department on 4 April 198…

The petitioners, the Assam Rifles Multi-purpose Co-operative Society Limited and Major General A.S. Guraya, filed a writ under Article 32 seeking enforcement of a government scheme to settle retired Assam Rifles personnel in the NEFA (now Arunachal Pradesh) border region, alleging that promised land, loans, and basic f…

Meenakshi Malik, a Delhi-born student, completed part of her education abroad because her father was deputed to Nigeria. Upon returning, she passed the All India Senior School Certificate Examination and the medical entrance test, but was denied admission to a Delhi medical college because she had not completed the las…

Baldev Raj Sharma obtained a two‑year LL.B (Academic) degree as a private candidate from Kurukshetra University and later completed the third year of the professional LL.B as a regular student at Kanpur University, receiving the LL.B (Professional) degree in 1982. He applied to the Punjab and Haryana State Bar Council …

The petitioner Sunil Fulchand Shah challenged his preventive detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, before the Supreme Court under Articles 32 and 136 of the Constitution. The central issue was whether the period of detention specified in the order i…

Mrs. Arundhati Balkrishna, a beneficiary of the Shrimati Arundhati Balkrishna Trust, claimed deductions for interest paid by the trust on amounts withdrawn from an estate account. The Income Tax Officer disallowed part of the interest, holding that some withdrawals were for personal expenses. The assessee appealed to t…

Abdulla Kabir purchased a one‑quarter share in a plot that was recorded in the Record of Rights as a "bari" (homestead) belonging to an agriculturist raiyat. Md. Nasiruddin, claiming to be a co‑sharer, filed an application for pre‑emption under Section 8 of the West Bengal Land Reforms Act, 1955. The lower courts were …

Shakti Estates and Shanmugha Estate, firms of ten individuals, leased reserve forest land to develop coffee and cardamom plantations. To clear the forest they felled unwanted trees and sold the resulting firewood, sized timber, sleepers and charcoal. The State of Tamil Nadu claimed the turnover from these sales was ass…