Judgments of 1990

Assam Sillimanite Ltd. held three mining leases for sillimanite in Meghalaya, which were prematurely terminated by the State Government on 7 December 1972 under section 4A of the Mines and Minerals (Regulation and Development) Act, 1951, without giving the lessee any notice. The company filed a writ petition under Arti…

The petitioners, Group‑A Income‑Tax officers promoted from Group‑B, challenged the 1973 Seniority Rules and the accompanying seniority list, alleging that the rules were based on a mistaken finding that promotions exceeded the statutory quota and that the classification of officers into Group‑A and Group‑B violated Art…

Indian Oxygen Ltd. had two establishments in Bihar where a 1971 settlement granted 14 paid holidays to factory staff and 18 to office staff. The company sought to treat International Labour Day (1 May), a compulsory holiday under the Bihar Industrial Establishments (National and Festival Holidays and Casual Leave) Act,…

M.P. Pradhan joined the Uttar Pradesh State Government as a paid apprentice on a permanent basis on 1 July 1937 and subsequently held various officiating posts before being appointed to the permanent post of Copyist on 1 August 1941. He retired in February 1976 at the age of 58 and claimed that, under Fundamental Rule …

The appellants, originally Talatis in Gujarat's Revenue Department, were transferred to the Panchayat Service under the Gujarat Panchayats Act, 1961 and later deputed as Circle Inspectors in the State Service. When vacancies arose, they were reverted to their parent Panchayat cadre, and they claimed a right to be absor…

The land of the appellants was acquired under the Land Acquisition Act, 1894 for a residential development. The appellants operated a plant nursery and claimed compensation for the nursery plants, potted plants, and mother trees. The Land Acquisition Collector allowed removal of nursery and potted plants and denied com…

The appellants, former Senior Technical Assistants of the Madhya Pradesh Lift Irrigation Corporation, were merged into the State Irrigation Department in 1982 as Junior Engineers. They claimed entitlement to promotion to Assistant Engineer after two years of service, a right the State later attempted to withdraw by rec…

Bharat Forge & Press Industries manufactures pipe fittings such as elbows, bends and reducers from steel pipes and tubes on which excise duty has already been paid. The Department classified these fittings under the residuary tariff entry 68, arguing they are a distinct commercial commodity, while the appellant contend…

Hiraji Tolaji Bagwan, a protected lessee of agricultural land, challenged the eviction proceedings initiated by Shakuntala, who claimed to be landlady after a partition of the ancestral property on 29 June 1959. The Supreme Court examined whether a partition of joint family (ancestral) land could lawfully give a share …

The respondent, A.C. Dighe, a district chief of the Shiv Sena party, was arrested for the murder of a corporator and charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and several sections of the Indian Penal Code. The designated court in Pune granted him bail while the investigation wa…

The State of Punjab advertised 47 (later 54) posts of Excise and Taxation Inspectors, requiring a written test (300 marks) and a viva voce interview (100 marks, 25% of total). Over 1,200 candidates were called for interview for the 54 vacancies, and the unsuccessful candidates challenged the procedure, alleging arbitra…

Priyanka Overseas Pvt. Ltd. imported 10,681.832 metric tonnes of palm kernel from Nigeria in 1987 under an Open General Licence (OGL). The Customs authorities treated palm kernel as a canalised item, confiscated the goods and imposed a redemption fine and penalty. The company argued that palm kernel is distinct from pa…

The Delhi Development Authority issued a public notice on 5 July 1975 proposing to change the land use of the Dargah Shaheed Khan area from residential to recreational. The notice was required to be published under Section 44 of the Delhi Development Act, 1957, which mandates that it be made known by any two of the thr…

A 29‑year‑old woman, Chandrakala, vanished near Bharana Naka while alighting from a bus and was later found dead, having been raped and throttled. The initial police investigation wrongly focused on the bus crew, but CID Inspector Kulkarni later implicated three accused – a hotel waiter (appellant No.1) and two young m…

The Haryana Excise and Taxation Inspectorate (Class III) Rules, 1969 provided for 250 marks in the written test and 100 marks in the viva voce, making the viva component 28.5% of the total 350 marks. Vikram Singh and Nawab Singh cleared the written examination and were interviewed in March 1986. The first interview was…

The tenant, Rai Chand Jain, leased a house from landlady Chandra Kanta Khosla for residential purposes, but later operated a printing press (M/s Navneet Prakashan) from the premises. The landlady sought eviction on grounds of non‑payment of rent, change of use, and her bona‑fide requirement for the house. The trial cou…

The Gram Panchayat sought to recover property tax from Shree Vallabh Glass Works Ltd., which had been declared a sick industrial company under the Sick Industrial Companies (Special Provisions) Act, 1985. The Board for Industrial and Financial Reconstruction (BIFR) had conducted an enquiry under s.16, found the company…

Bharat Electronics Ltd dismissed a bus driver, B. Sridhar, for misconduct and sought approval of the dismissal under section 33(2)(b) of the Industrial Disputes Act, paying him Rs.607.90 as one month's wages. The workman objected, later adding that the amount was short by Rs.12, the night‑shift allowance he claimed he …

The State of Andhra Pradesh entered into a contract with contractor R.V. Rayanim for constructing an earth dam. A dispute led to arbitration, where the arbitrator issued a non‑speaking award of Rs.19.39 lakhs in favour of the contractor, mentioning consideration of escalation damages but not quantifying any amount for …

The appellant, a managing agent, was entitled under a company resolution dated 20 July 1949 to receive an extra remuneration of Rs 15,000 per annum. Shareholders sued to enjoin the payment, claiming the resolution illegal; the trial court decreed in their favour but the High Court reversed, upholding the resolution. Th…

The appellant, a Junior Land Reforms Officer, issued a memo on 3 August 1987 directing police assistance to certain patta holders, contrary to an interim order of the Calcutta High Court that restrained interference with the petitioners' possession of disputed lands. The High Court held the appellant guilty of contempt…

Mehra Bros., a registered dealer under the Tamil Nadu General Sales Tax Act, 1959, manufactured and sold automobile seat covers and claimed they should be taxed at the lower rate of 3.5%. The assessing authority, invoking Section 3(3) and Item 3 of Schedule I, levied tax at the higher single point rate of 13%, treating…

The appellant, ESKA YEF Ltd., manufactured Bifuran Supplement, Neftin‑50 and Neftin‑200 and claimed they were exempt from central excise duty as "animal feed supplements" under Item 68 of the Central Excise Tariff, relying on a 1984 notification. The Revenue argued that the products contained furazolidone, a veterinary…

The wives of three men detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) challenged the validity of the detention orders, arguing that the men were already in custody, that the grounds described the offence as "bailable" indicating non‑application of mind, t…

The respondent, a member of a Hindu Undivided Family (HUF), claimed that a partition agreement dated 3 July 1958 and a subsequent civil court decree had dissolved the HUF, so that the family could not be taxed as a HUF for assessment years 1967-68, 1968-69 and 1969-70. The Income Tax Officer rejected the claim, holding…

The case involved two groups of civil servants. Lower Division Clerks (LDCs) from district police offices were appointed to the Chief Office in 1970 on the condition that they would forgo seniority based on their prior service; after 13 years they sought to have that seniority counted, and the Andhra Pradesh Administra…

Syed Farooq Mohammad was detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 after narcotics were seized from two cars on 19 July 1989. He challenged the detention on grounds of a five‑month delay in issuing the order, a further delay in arrest, non‑s…

Food Corporation of India sued Sadhu Singh and others for recovery of Rs.2 lakh based on a contract that contained an arbitration clause. The defendants appeared, sought production of the original agreement to enable filing of a written statement, and then invoked Section 34 of the Arbitration Act, 1940 for a stay of t…

M.K. Iyer, a landowner in Kanyakumari district, held more than 30 standard acres and filed a return under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. The Authorised Officer determined his family size and allowed him 30 acres plus stridhana for his wife and daughter, prompting Iyer to appeal. Wh…

The appellant, a stone‑processing firm, imported calcareous stone slabs from Italy, obtaining certificates and expert reports that the material was not marble. Customs seized the goods, classifying them as "marble" under tariff entry 25.15 and the restricted item 62 of the Import‑Export Policy, and ordered confiscation…

British Paints India Ltd. valued its stock‑in‑trade at the cost of raw materials only, excluding overheads, claiming that paints have a short shelf‑life. The Assessing Officer added the overheads to the stock value under section 145 of the Income‑Tax Act, increasing tax for 1963‑64 and allowing a deduction for 1964‑65.…

The case concerned a partnership formed in Pondicherry in 1962 among the father and his sons, later continued by the sons after the father's retirement. In 1978 the respondent sued for dissolution of the partnership and accounting, claiming it was a partnership at will, while the appellants contended that the deed, gov…

The deceased, Smt. Kailash, was married to Sat Pal and allegedly subjected to harassment by her mother‑in‑law (Smt. Shanti) and another relative for not providing a scooter and television as dowry. She was found dead under unnatural circumstances within seven years of marriage, and the accused were charged under IPC se…

The petitioner, a Major in the Indian Army, was accused of assaulting the regimental medical officer during a dispute over a steel almirah. An initial inquiry by the commanding officer found the allegation unsubstantiated, but higher commanders later concluded there was sufficient circumstantial evidence and ordered di…

The appellant, an Inspector in the Punjab Food and Supplies Department, was charged with purchasing sub‑standard wheat and, after giving an explanation, was penalised by the disciplinary authority with stoppage of two pay increments having a cumulative effect. The appellant contended that such a penalty amounted to a m…

The appellant sought to enforce a decree for Rs.56,769.80 against the estate of the deceased Muslim debtor Vellappa Rawther. The High Court had reduced the decree to one‑fourth, holding that the debt was divided among the heirs according to Muslim Personal Law and that the acknowledgment and partial payment made by def…

The Jalgaon Municipal Council, having received a gift of land, sought to develop it by constructing an administrative building, a vegetable market and a commercial complex on a self‑financing basis, appointing a private developer (Respondent No. 6) to execute the project and to dispose of occupancy rights for a fee. Re…

The Chhetriya Pardushan Mukti Sangharsh Samiti filed a letter alleging that an oil mill and a refinery in the Sarnath area were causing severe air and water pollution, leading to health hazards and ecological damage, and treated the letter as a writ petition under Article 32. The respondents, including the State of U.P…

The appellant D.B. Raju contested his election to the Karnataka Legislative Council, alleging that the 242 nominated members from 121 Mandal Panchayats were added to the electoral roll after the deadline for filing nomination papers (3 p.m., 3 June 1988). The High Court held that the roll was not updated by that time a…

The petitioners, retired railway employees who had opted for the Contributory Provident Fund (CPF) scheme, challenged twelve Railway Board notifications that allowed certain CPF retirees, after specified cut‑off dates, to switch to the pension scheme while denying the same option to other similarly situated retirees. T…

British India Steam Navigation Co., Ltd. chartered the vessel Steliosm to ship 4,445 bags of cashew nuts for Shanmughavilas Cashew Industries, but only 3,712 bags were delivered. The respondent sued the appellant in the Cochin Sub‑ordinate Court for the shortage; the trial court decreed in favour of the respondent and …

The petitioners, owners of sugar mills in Uttar Pradesh, challenged the Central Government's notifications fixing levy‑sugar prices on a zonal basis under Section 3(3‑C) of the Essential Commodities Act, 1955, alleging that the price‑fixation was arbitrary, discriminatory and violative of Article 14. The Court examined…

The Delhi Cloth Mills (DCM) owned a 63‑acre complex in a non‑conforming area of Delhi and sought to shift its operations and redevelop the land for group housing and flatted factories. The Delhi Development Authority (DDA) initially approved DCM's scheme by Resolution No. 26 dated 1 February 1983, but later recalled it…

Around 450 former Burmah Shell employees who retired between 1979 and 1984 had earlier obtained a Supreme Court order enhancing their pension to match that of Hindustan Petroleum Corporation Limited (HPCL) pensioners, while the claim for restoration of the commuted portion of their pension was abandoned. In a fresh wri…

The landlord (appellant) obtained two eviction orders against the tenant under the Delhi Rent Control Act, 1958: one under section 14(1)(e) for personal bona fide requirement and another under section 14(1)(a) for non‑payment of rent, the latter being settled by compromise with the tenant delivering possession. The six…

Seshasaye Paper & Boards Ltd, a manufacturer of paper assessable under Tariff Item 17 of the Central Excises and Salt Act, claimed deductions for both a trade discount and a "service charge discount" paid to its dealers (indentors) while fixing the normal price for excise duty under Section 4 of the Act. The Central Ex…

The Supreme Court dealt with writ petitions filed under Article 32 challenging the acquisition of land previously bought by cooperative housing societies for residential purposes when the area was later notified for the New Okhla Industrial Development Authority (NOIDA). The Court examined the validity of the acquisiti…

The appellant, a co‑owner of an undivided family dwelling, sued to restrain the sale of his brother's half‑share to a stranger and to prevent the stranger from taking possession. The trial court granted an interim mandatory injunction, but the Bombay High Court set it aside, holding that the facts did not show a prima …

Basthi Kasim Saheb, travelling in a Mysore State Road Transport Corporation bus, was injured in an accident on 2 July 1964 when the driver failed to slow down while avoiding a bullock‑cart and entered a muddy section of the road, causing the bus to overturn. The claimant sought Rs.75,000 compensation under s.166 of the…

The appellant, D.R. Gupta, an assistant cashier of Rampur Zila Sahkari Bank, was suspended and dismissed after a domestic inquiry that was later found to have violated principles of natural justice. A reference under s.4‑K of the U.P. Industrial Disputes Act was made to an Industrial Tribunal, where the Tribunal first …

The case concerned the sale of a 3/5 share of ancestral land by three Jat Sikh co‑owners who had migrated from their village. The remaining co‑owners filed a declaratory suit claiming that, under local custom, ancestral land could not be alienated except for necessity or as a bona‑fide act of good management, and that …

The wife of Syed Ali Raza Shafiq Mohammed filed a writ petition challenging his preventive detention under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The detenu was already in judicial custody with his bail application rejected, and the State sought to det…

The case concerned two trade unions of Barauni Refinery seeking to raise the superannuation age from 58 to 60 years by modifying Clause 20 of the certified Standing Orders under the Industrial Employment (Standing Orders) Act, 1948. A general settlement (May 24 1983) and a specific memorandum of settlement (August 4 19…

M/s Dabur India Ltd. manufactured a homeopathic toothpaste called Homeodent for M/s Sharda Boiron Laboratories between 1985 and 1988 and paid excise duty under the Central Excises & Salt Act, 1944. The State Excise authorities later claimed that Homeodent contained alcohol (through mother‑tincture) and therefore attrac…

K.J. John, an Assistant Public Prosecutor Grade I in Kerala, filed a writ petition under Article 32 challenging the State's appointment of Public Prosecutors (PP) and Additional Public Prosecutors (APP) on the ground that Section 24(6) of the Code of Criminal Procedure (CrPC), as amended in 1978, obliges the State to a…

The petitioner, Elizabeth Antony, lodged a caveat to oppose the grant of probate of a will claimed to have been executed by the deceased Mary Aline Browne, alleging that the will was fictitious and that she had a caveatable interest arising from a trust, a gift deed and a later will of Zoe Enid Browne. The Subordinate …

K.T. Shastri, recruited in 1966 as a Senior Scientific Officer in the Defence Science Service, was later placed in the Defence Aeronautical Quality Assurance Service (DAQAS) after the service was trifurcated. In 1985 the Government issued an order raising the superannuation age to 60 years for scientific and technical …

A joint family house was auctioned to satisfy an ex‑parte money decree of Rs 5,557.10. The coparceners objected, the sale was confirmed, and they filed a suit under Order 21 Rule 63 CPC to set aside the sale, valuing the property at Rs 15,000. The trial court dismissed the suit, but the District Court allowed the appea…

The case concerned the death of Ram Dhiraj Tiwari while in police custody. The prosecution alleged that Sub‑Inspector Rafiuddin Khan (Accused No.1) beat the deceased with lathis and dandas after his arrest on 19 Oct 1971, causing 28 injuries that led to death, and also demanded a bribe. The defence claimed the arrest o…

The case concerned a house in Chhatarpur that the Maharaja had listed as his private property in July 1948 and subsequently gifted to his father‑in‑law on 25 August 1948. The State of Madhya Pradesh claimed that, because the Maharaja’s sovereign powers ceased on 1 May 1948 when his state merged into the United State of…

The landlords and tenants jointly obtained permission for a five‑year limited tenancy under Section 21 of the Delhi Rent Control Act, 1958. After the tenancy expired, the landlords sought possession, but the tenants argued that a prior tenancy already existed and that the permission was obtained by fraud, rendering it …

The appellants filed a representative suit against the respondents for framing a scheme of a public charitable trust, which required leave under Section 92 of the Code of Civil Procedure. The subordinate court granted the leave on the same day without issuing any notice to the respondents. The respondents applied to ha…

The Rajasthan State Electricity Board (RSEB) and its employees entered into a first settlement on 22‑Feb‑1972 fixing pay‑scale No. 3 for Meter Readers/Checkers, later clarified by a second settlement on 2‑Dec‑1972 that created two grades (I and II) with different scales. The High Court quashed the second settlement and…

The Vijayawada Municipal Council originally levied property tax under the Andhra Pradesh (Andhra Areas) District Municipalities Act, 1920. After the Andhra Pradesh Municipalities Act, 1965 repealed the old Act, the State Government issued several General Orders directing the council to levy tax under the new Act, later…

Miss Liza, the tenant, occupied a double‑storeyed building and paid Rs 170 per month. The landlady applied under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (as amended by Act 23 of 1973) for fixation of a fair rent. The Rent Controller, after an enquiry and based on a commissioner's valuat…

Ashok Kumar was charged with murdering his sister‑in‑law, Asha Rani, by burning her to death in a dowry‑related dispute. The trial court acquitted him, finding no motive, contradictions in medical testimony, and a defective investigation. The Rajasthan High Court, invoking Sections 378 and 386 of the CrPC, set aside th…

The State of Bihar advertised vacancies for junior teaching posts in its medical colleges and fixed 31 January 1988 as the last date for receipt of applications, requiring three years of experience as a Resident or Registrar. Several junior teachers, including Ramjee Prasad, challenged the cut‑off date, alleging it was…

A batch of West Bengal Civil Service (Executive) officers filed a writ petition under Article 226 seeking seniority rules. The Calcutta High Court ordered the State to frame such rules and later stayed its own judgment for eight weeks, allowing the State to fill vacancies. The State appealed, and the Supreme Court inte…

The Supreme Court examined appeals by workmen challenging a Division Bench decision that dismissed their claim for confirmation and back wages under the Industrial Disputes Act. The workmen argued that 131 of the 186 casual employees had completed the requisite 240 days of service and were entitled to confirmation, whi…

The Phagwara Improvement Trust prepared a development scheme under the Punjab Town Improvement Trust Act, 1922 covering lands of several respondents. Notices under Section 36 were published in a newspaper in April 1976 and later in the Punjab Government Gazette in May 1976, after the deadline for filing objections had …

Karuppanna Pillai executed a will in 1942 disposing of his property in five schedules, dedicating the Schedule E properties to the construction of his own samadhi and a matam, and to the performance of poojas, feeding the poor and distribution of saffron‑coloured clothes. Two legatees sued the third legatee, the manage…

The Supreme Court, in an order dated 16 January 1990, directed the respondent to surrender possession of premises requisitioned under the West Bengal Premises Requisition and Control Act within nine weeks, subject to any pending High Court order or acquisition of an independent right. After the Land Acquisition (West B…

The original lessor let two shops and an adjoining house to Bhoolchand Chandiram in 1943 with an option to sub‑let. The tenant sub‑let one shop to Arts Palace in 1946 and later, on 1 April 1948, to Super Dry Cleaners. After the original lessor’s share was sold to Kay Pee Cee Investments in 1974, the new landlord sought…

The Syndicate Bank Scheduled Castes and Scheduled Tribes Employees Association filed a writ petition under Article 32 seeking enforcement of the constitutional reservation policy for SC/ST employees in promotional Group ‘A’ officer posts of Syndicate Bank. The bank, following a 1981 circular, argued that reservations a…

A selection committee was formed to appoint a Reader in Linguistics in the Department of Hindi at the University of Lucknow. The committee, comprising three experts in Hindi literature rather than linguistics, recommended Dr. Triloki Nath Singh for the post, placing Dr. Bhagwan Din Misra second. Dr. Misra challenged th…

The petition concerned the cancellation of a No Objection Certificate (NOC) issued under Rule 144 of the Petroleum Rules, 1976 to Bharat Petroleum Corporation Ltd for operating a petrol pump on a lease‑hold site. The District Magistrate, invoking Rule 151, cancelled the NOC on the ground that the licensee no longer had…

K.R. Sadayappan, a film distributor, purchased a plot of land in his son's name for a total consideration of Rs.1,40,000, but his wealth statement omitted this investment and his return showed only Rs.80,000. The Income Tax Officer treated the unaccounted Rs.18,750 as undisclosed income and imposed a penalty under sect…

The respondent's truck was seized by police on 10 December 1974 for an alleged violation of the Essential Commodities Act, 1955 that purportedly occurred on 15 March 1972. The respondent sought the vehicle's return through petitions before the Madhya Pradesh High Court, which held that Section 6A of the Act, as amended…

The petitioner, a teacher who joined before the Delhi Education Act, 1973, claimed she was entitled to retire at age 60 under Section 208 of the Delhi Education Code, which was protected for existing employees by Section 8(1) of the Act and Rule 110 of the Rules. The school management, a society run by Air Force office…

The case concerned whether a High Court or an Administrative Tribunal could compel the State of Andhra Pradesh to amend the Andhra Pradesh Animal Husbandry Service‑Special Rules, 1977, which governed promotions of Veterinary Assistant Surgeons. Petitioners sought to have promotions made solely on seniority, challenging…

The State of Haryana appealed against High Court orders directing it to consider premature release of two convicts whose death sentences had been commuted to life imprisonment. The convicts were sentenced before the 1978 amendment introducing Section 433A of the CrPC, which mandates a minimum of 14 years’ actual impris…

The respondents, Class III civil servants in the Ministry of Defence and Group C/D railway employees, were appointed by delegates (the Director and Divisional Superintendents) under a delegation of appointment power from the Scientific Adviser and General Manager respectively. Disciplinary proceedings were later initia…

The Andhra Pradesh Public Service Commission advertised a combined examination in 1983 for Grade‑I services, specifying that candidates for Deputy Superintendent of Police must be at least 21 years old on 1 July 1983. The respondent, B. Sarat Chandra, was 19 days short of this age and was therefore not considered for t…

The Special Military Estates Officer appealed two arbitrator awards concerning compensation for land requisitioned by the Union under the Defence of India Act, 1962. The land remained requisitioned beyond 10 January 1968, when the Defence Act ceased to operate and Section 25 of the Requisitioning and Acquisition of Imm…

The landlord sought eviction of the tenant under section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming the building needed immediate demolition for reconstruction. The tenant contended the building was structurally sound and that the landlord’s motive was purely economic. The Rent Co…

The case concerned 29 employees of the Central Information Service whose ad‑hoc service was regularised in 1977. They claimed that their period of ad‑hoc service (1964‑1977) should be counted for seniority and that they should be placed above regular recruits appointed through examinations up to 1970. The High Court an…

The State of Orissa merged two administrative cadres, OAS II and OSAS III, and introduced a 'year of allotment' system to determine seniority. Mergerists challenged the seniority of direct recruits, especially those assigned the year 1972, arguing that the Orissa Administrative Service Class II (Appointment of Officers…

A vacancy for Upper Division Clerk arose in the Delhi Small Causes Court. The appellant, Chander Bhan, claimed the post on the basis of being a graduate and invoking the rule of rotation under Rule VI of the High Court Rules. Respondent No. 1, Hotilal Gupta, claimed seniority. The Judge of the Small Causes Court initia…

The appellants, Milak Brothers, exported blanched, roasted and salted peanuts packed in vacuum containers, claiming that the processed product was a "processed food" and not a "groundnut kernel" for which export duty was levied under the Indian Tariff Act, 1934 and the Customs Tariff Act, 1975. The Revenue argued that …

A group of surplus Block Level Extension Officers were absorbed as Sales‑Tax Inspectors in Madhya Pradesh between 1967 and 1970 and were later confirmed retrospectively on 15 February 1980 with effect from 31 March 1967. The existing Sales‑Tax Inspectors challenged the retrospective confirmation and the seniority list …

The State of Uttar Pradesh sought to recover differential excise duty on excess wastage of military rum that was exported by the respondents, Delhi Cloth Mills, under a lower export duty rate. The respondents argued that the duty on excess wastage could not be levied, and the Allahabad High Court quashed the demand. Th…

The dispute involved Sita Ram (appellant) and Chhota Bhondey (respondent No 1) together with two other family members over shares in lands recorded in Khata Nos 72 and 73 in Sambhalpur Sheoli, Uttar Pradesh. The matters were examined in consolidation proceedings under the U.P. Consolidation of Holdings Act, 1953, where…

The Central Bank of India charged its employee C. Bernard with claiming a loss‑adjustment facility using forged travel receipts. The Bank appointed Shri U.B. Menon as Enquiry Officer and Disciplinary Authority, but Menon retired during the enquiry and continued to conduct it, ultimately ordering Bernard's discharge. Th…

The assessee, Poonjabhai Varmalidas, had written off certain debts as bad under Section 10(2)(xi) of the Income Tax Act, 1922 in 1959‑60. His business ceased before the amounts were later recovered in the assessment years 1964‑65, 1965‑66 and 1967‑68, after the 1961 Act had repealed the 1922 Act. The Revenue taxed the …

The landlord (respondent) filed an eviction suit under the Andhra Pradesh Rent Control Act, seeking possession and mesne profits. The tenant (appellant) contended that the City Civil Court lacked jurisdiction, asserting that the matter fell within the exclusive jurisdiction of the Rent Controller under Section 3 of the…

Delhi Cloth & General Mills Ltd., a tenant, sought protection under the Jammu and Kashmir Houses and Shops Rent Control Act, 1966, but was denied because its annual net income exceeded Rs 40,000, triggering clause (iii) of Section 1(3). The tenant challenged the clause as violative of Article 14, alleging arbitrary dis…

Sarda Plywood Ltd. and another challenged a 1989 notification issued under the Destructive Insects and Pests Act, 1914, which restricted the import of "any plant" including timber logs. The petitioners argued that the timber, intended for plywood manufacture, would not come into contact with crops and therefore should …

The appellant, Management of M.S. Nally Bharat Engineering Co. Ltd., challenged a notification by the Bihar Government that transferred a pending dismissal reference of a workman (respondent No.4) from the Labour Court, Dhanbad to the Labour Court, Patna under Section 33‑B of the Industrial Disputes Act, 1947. The tran…

Dharmendra and Suganchand Chelawat were arrested for offences under the Narcotic Drugs and Psychotropic Substances Act and were remanded to judicial custody until 13 October 1988. While they were still in custody, a preventive detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and…

K.M. Sharma filed a writ petition challenging the appointment of Shri Devi Lal as Deputy Prime Minister, contending that the oath he took was not the one prescribed by Article 75(4) and Schedule III of the Constitution and that he was still serving as Chief Minister of Haryana when the oath was administered. The Union …

The Rajasthan State Electricity Board (RSEB) operates a thermal power station that draws river water for condenser cooling and discharges it after passing through a neutralisation arrangement that cools the water before release. RSEB was assessed cess under the Water (Prevention & Control of Pollution) Cess Act, 1977 a…

A commercial vessel, M.V. Jag Darshan, was detained and rummaged by customs officers at Paradip Port, leading to the seizure of contraband goods. The Deputy Conservator of Paradip Port Trust, the second respondent, ordered the vessel to be moved to a distant anchorage, interrupting the rummage and allowing the contraba…

The appellant, Sanwarml Kejriwal, occupied a flat in Vishwa Cooperative Housing Society under a leave‑and‑license agreement from 1957. After the member‑allottee transferred his interest, the society sought his eviction under Section 91(1) of the Maharashtra Cooperative Societies Act, arguing that the society‑member rel…

Milkhi Ram, the landlord, filed an eviction suit under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 alleging arrears of rent, unauthorised sub‑letting and alterations. The tenants, Pushpa Devi and her son, together with Saligram (who claimed to be a sub‑tenant), tendered the arrears on the first heari…

Mahabir Cold Storage, a partnership firm newly constituted after the original firm Prayagchand & Hanumanmal took on Periwal & Co. as a partner, claimed a development rebate for machinery installed by the original firm in 1959‑60. The claim was made in the 1962‑63 assessment year. The issue was whether the new firm, a s…

The Municipal Corporation of Greater Bombay challenged the assessment of rateable value of a housing building constructed by New Standard Engineering Co. Ltd. under a Government subsidised scheme for industrial workers. The corporation had fixed the rateable value under Section 154(1) of the Bombay Municipal Corporatio…

The respondent, Biju Patnaik, was assessed for the year 1957-58 but allegedly failed to disclose a Rs.15 lakh capital gain from the sale of his mining business. The Income Tax Officer, after obtaining approval, issued a notice under sections 147(a) and 148 of the Income Tax Act, 1961 to reopen the assessment, alleging …

The appellants, exporters of coffee, participated in a Coffee Board auction on 18 May 1977. Clause 10 of the auction terms provided that any increase or reduction in taxes or duties occurring within 45 days from the date of auction, inclusive of that day, would be shared equally between the Board and the purchasers. On…

Partap Singh and his co-accused were charged under IPC sections 302 and 326 read with section 34. The charge‑sheet framed the appellant only vicariously under section 34, as the prosecution had no material linking him directly to the knife injuries. At trial, the prosecution led eye‑witness testimony that Partap actual…

The appellant purchased a suit‑property from the vendors by a sale deed executed on 9 September 1970 and registered it on 26 October 1970. Before the registration, the respondent filed a money suit on 13 September 1970 and obtained attachment before judgment of the property on 17 September 1970, later obtaining a decre…

The petitioners, a public‑interest group, filed a writ under Article 32 seeking to restrain the construction of the Tehri Dam on the ground that the government had not considered seismic safety. The respondents – the Union of India, the State of Uttar Pradesh and the Tehri Hydro Development Corporation – contended that…

The accused were charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Indian Penal Code for the murder of Raju and injury to Keshav. They contended that TADA was wrongly invoked, arguing that the motive was inter‑gang rivalry, not terror. The Designated Court held that the stateme…

The Supreme Court considered appeals by Ashoka Marketing Ltd. and other tenants whose leases in premises owned by nationalised banks and the Life Insurance Corporation had expired and who were facing eviction under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 as well as proceedings under the Delhi…

The appellant, a civil servant, was transferred to New Delhi but failed to report for duty, leading to disciplinary proceedings under the Central Civil Services (Conduct) Rules. While the proceedings were pending, he took voluntary retirement, and the government continued the enquiry under Rule 9 of the Central Civil S…

Mrs. T. Devaki, wife of R. Thamaraikani, challenged a detention order dated 15‑08‑1989 issued under the Tamil Nadu Prevention of Dangerous Activities Act, 1982. The order, passed by the Collector and District Magistrate, alleged that Thamaraikani’s assault on a minister at a public seminar threatened public order. The …

The appellant and two others were convicted of murder under Section 302 read with Section 34 IPC and of concealing evidence under Section 201 read with Section 34 IPC. The High Court set aside the murder convictions, confirmed the conviction under Section 201 for the appellant, and enhanced his sentence from three to s…

The Tamil Nadu Housing Board allotted residential plots to low‑income applicants in 1963. In 1975 it issued fresh demands for additional amounts covering excess compensation for land acquisition and development charges. T.N. Ganapathy filed a suit in representative capacity on behalf of all low‑income allottees seeking…

Vijay Cotton & Oil Mills Ltd. owned 6 acres in Kutch, which the Government of Gujarat took possession of on 19 November 1949 under an agreement to provide equivalent land, but later issued a notification under Section 6(1) of the Land Acquisition Act on 1 February 1955 to acquire the land. The Collector awarded compens…

Lakshmi Bangle Stores booked a railway wagon in June 1964, declaring the value of the consigned glass bangles as Rs.25,000. The wagon was involved in an accident on June 22, 1964 and the goods were delivered after an open assessment on September 4, 1964, revealing that more than half were damaged. The appellant claimed…

Gitarani Paul purchased land from the Bauries, who were under‑Raiyats, after the West Bengal Estates Acquisition Act, 1953 came into force. She sued Dibyendra Kundu and Dasarathi Dutta for declaration of title and possession, alleging that on 5 June 1960 the defendants, aided by police, destroyed her crops and disturbe…

The Commissioner of Wealth Tax assessed wealth tax on Smt. Anjamli Khan for three assessment years, estimating compensation payable for agricultural lands acquired by the State under the West Bengal Estates Acquisition Act, 1953. Khan contended that the right to receive such compensation was not an "asset" under Sectio…

The petitioners, forest officers promoted on an ad‑hoc basis due to the non‑availability of direct recruits, claimed that their continuous service of 5‑12 years should count towards seniority and that their appointments were a relaxation of the recruitment rules under Rule 27. The respondents, direct recruits, argued t…

The appellant and respondent No.5 were candidates for a postgraduate obstetrics and gynaecology seat at G.R. Medical College, Gwalior. The appellant challenged the admission of the foreign‑national respondent on two grounds: (i) the respondent’s mother‑in‑law, a former professor, sat on the College and Hospital Council…

The State of Kerala acquired 190.37 acres of land from Periyar and Pareekanni Rubbers Ltd. for irrigation and industrial projects under the Kerala Land Acquisition Regulation, 1089. The Collector fixed the market value at very low rates, which the appellant challenged, seeking higher compensation, severance, injurious‑…

The petitioners, daily-rated workmen of National Mineral Development Corporation Ltd., filed a writ seeking regularisation and equal pay for equal work, alleging they performed the same duties as regular employees. The respondents contended that there was no work or vacancy for the petitioners, who were retained on the…

Northern Corporation imported MSCR defective sheets in 1984 and stored them in a customs warehouse. The Income Tax Department imposed a ban under Section 132(1) of the Income Tax Act, 1961, preventing the goods from being cleared. After the ban was lifted in 1988, customs demanded payment of duty at the higher rate pre…

Laminated Packings (P) Ltd. lamination of duty‑paid kraft paper with polyethylene produced polyethylene‑laminated kraft paper. The issue was whether this process amounted to "manufacture" under Section 2(f) of the Central Excises and Salt Act, 1944 and thus attracted excise duty. The Collector (Appeals) held it was not…

Mayawanti sued Kaushalya Devi for specific performance of a 1971 agreement to sell a factory, machinery and related assets for Rs 50,000, having paid Rs 5,000 as earnest money. The dispute centered on whether the document recorded in the petition writer's register (Exhibit PW‑11/A) proved a valid, certain contract and …

M. Hayagrevsarma, a government employee, had his date of birth recorded in his service book on the basis of his S.S.L.C. certificate and applied for alteration in 1962, which was rejected in 1968. After the Andhra Pradesh Public Employment (Recording and alteration of date of birth) Rules, 1984 came into force, he file…

The Supreme Court examined whether the Bihar State Government could, by executive order, merge the cadre of District Engineers (part of the Rural Engineering Organisation, created by a 1965 executive order) with the cadre of Executive Engineers governed by the statutory Bihar Engineering Service Rules, 1939. The appell…

The appellant, a landlord, obtained a decree of eviction against B.R. Cotton Mills Ltd. (respondent No.1) but the High Court granted the tenant eight weeks to vacate subject to an undertaking not to part with possession. Respondent No.1, through its director, filed the undertaking without stating that it was in possess…

The Thapar Institute of Engineering and Technology, a deemed university, conducted admissions to its B.E. programme based on a Combined Entrance Test and a merit list, admitting students up to serial number 1127 and later admitting ten additional candidates to meet expected drop‑outs, leaving a total strength of 178 ou…

The appellant, Gwalior Rayon Silk Manufacturing Co., operated a large eucalyptus plantation in Kerala and contended that the plantation was not a "private forest" under the Kerala Private Forests (Vesting and Assignment) Act, 1971, relying on the definition of "private forest" in the Kerala Land Reforms Act, 1963. The …

The appellant, a disinherited daughter, challenged a will executed by her ailing father one day before his death, which left all property to the sons of her sister. She alleged that the beneficiary's father had taken an active role in drafting the will and that suspicious circumstances surrounded its execution, despite…

Mahabir Auto Stores, a partnership firm that had been distributing Indian Oil Corporation's (IOC) lubricants since 1965, filed a writ petition under Article 226 seeking a mandamus directing IOC to continue supply after the corporation abruptly stopped deliveries on 27 May 1983. The High Court dismissed the petition, ho…

The appellant entered into an agreement on 9 October 1978 to purchase 80 cents of land, but before the sale deed was executed the property was attached on 16 November 1978 by a third‑party creditor. The sale deed was executed on 23 November 1978, after the attachment. The Kerala High Court held that the sale was subjec…

The petitioners were ex‑servicemen re‑employed in the Haryana civil service who had served in the Indian Army during the 1962‑68 national emergency. The State had adopted the Punjab Government National Emergency (Concessions) Rules, 1965, which granted benefits such as increments, seniority and pension to such ex‑servi…

Hindustan Petroleum Corporation Ltd. (the Corporation) was authorised under the Petroleum and Minerals Pipeline (Acquisition of Right of User in Land) Act, 1962 to lay a pipeline and appointed Mrs. A.R. Gadre, a Special Land Officer of the Corporation, as the competent authority to determine compensation for landowners…

The Supreme Court, hearing a public‑interest writ under Article 32, directed the Union of India to fill the vacancies in the Monopolies and Restrictive Trade Practices Commission within three weeks, later extending the deadline to 7 July 1990. The Union, represented by Secretary A.N. Verma, failed to appoint a Chairman…

The Karnataka High Court advertised 40 vacancies for Second Division Clerks in 1978, but the Chief Justice appointed about 398 candidates, many of whom were later transferred to subordinate courts, bypassing the State Public Service Commission and the statutory recruitment rules. Seven of the original applicants filed …

The appellants were charged with murder, rioting and unlawful assembly under IPC ss. 147, 149 and 302 for the killing of Hanuwa, a villager, during a group rivalry. The prosecution’s case relied mainly on the testimony of the victim’s mother (PW‑1) and sister (PW‑5), who were close relatives and thus interested witness…

The case arose from the June 9, 1985 communal riot in Dabgarwad, Gujarat, where a mob set fire to the house of Maniben, killing her, her daughters, grandchildren and a neighbour’s son. The appellants were charged under the Terrorist and Disruptive Activities (Prevention) Act, 1985 and several sections of the Indian Pen…

The appellant, Indira Bai, bought property and built a godown with the assistance of the respondent, Nand Kishore, who did not initially assert any pre‑emptive right. After construction, the respondent served a notice claiming his statutory right of pre‑emption under the Rajasthan Pre‑emption Act, 1966 and sued to enfo…

The appellant, J.K. Aggarwal, a Company Secretary of Haryana Seeds Development Corporation Ltd., faced a disciplinary inquiry that could lead to his dismissal. He sought permission to be represented by a lawyer under Rule 7(5) of the Haryana Civil Services (Punishment and Appeal) Rules, 1952, but the inquiry authority …

S. Sundaramoorthy, an accountant‑cum‑head clerk in the Tamil Nadu Forest Training School, was accused of demanding and receiving a Rs 100 bribe from canteen contractor PW‑1 after promising to help restore the contractor's licence. A trap was arranged, the money was handed to the appellant, and a phenolphthalein test on…

The petitioners, staff artists of All India Radio and Doordarshan, challenged a 1982 government circular that bifurcated them into "artists" and "government servants" and required them to exercise an option to choose their status. They sought parity with regular civil servants, pension rights, and a declaration that al…

The partnership firm Keshavji Ravji & Co. paid interest to its partners on their capital credits and also received interest from the same partners on borrowings during the assessment year 1975-76. The Assessing Officer disallowed the interest paid to partners without setting off the interest received, leading to a high…

Devi Cinema and other firms challenged the disallowance of interest paid to their partners under Section 40(b) of the Income Tax Act, 1961. The Income Tax Appellate Tribunal had held that the entire interest paid by the firm to a partner was disallowable, ignoring any interest the partner paid back to the firm on borro…

In a suit for pre-emption of agricultural land, the Sub‑Judge granted a decree in favour of Shanti Devi, requiring her to deposit four‑fifths of the purchase price by 18 Nov 1968. She deposited the amount on 19 Nov 1968 due to administrative delays. The Sub‑Judge held that the failure to deposit on the exact date extin…

The assessee, a registered dealer under the Kerala General Sales Tax Act, purchased coconut husks and converted them into coconut fibre, claiming that no manufacturing process was involved and thus the purchase value should not be taxed under Section 5A. The Sales Tax Officer and appellate authority disagreed, assessin…

The Delhi Transport Corporation (DTC) terminated the services of three permanent employees under Regulation 9(b) of the Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952, which allowed termination by one month's notice or pay in lieu thereof without assigning reasons or holding an…

Saraswati Industrial Syndicate Ltd. (the appellant) claimed exemption from tax on Rs.58,735, a trading liability that had been allowed to the Indian Sugar Company before it was amalgamated into Saraswati in 1962. The Income Tax Officer and the Appellate Assistant Commissioner disallowed the claim, but the Income Tax Tr…

The Jute Corporation of India Ltd. was assessed for income tax for AY 1974-75 and later claimed a deduction of Rs.11,54,995 for its liability to Purchase Tax, an issue not raised before the Income Tax Officer. While hearing its appeal before the Appellate Assistant Commissioner, the corporation was allowed to raise thi…

The Supreme Court considered a batch of eighteen appeals concerning the meaning of "retrenchment" under Section 2(oo) of the Industrial Disputes Act, 1947. The petitioners (workmen) argued that the term should be given its wider literal meaning – termination of service for any reason other than disciplinary punishment,…

The Oil and Natural Gas Commission (ONGC), a statutory corporation under the Oil and Natural Gas Commission Act, 1959, supplied natural gas to certain Gujarat industries under contracts whose prices were based on thermal equivalence with alternate fuels. The respondents, forming an association of gas‑consuming industri…

The appellant, a chartered accountant, was appointed as a non‑official member of the Karnataka Sales Tax Appellate Tribunal under Section 4(2) of the Karnataka Sales Tax Act, 1957, with his tenure periodically extended. Upon retirement he claimed a superannuation pension under the Mysore Civil Service Rules, 1957, argu…

The Supreme Court considered two appeals involving Bank of India and a private company concerning wage deductions during industrial actions. In the first appeal, employees participated in a four‑hour strike covering crucial banking hours; the Bank had issued a circular stating that participants would forfeit the full d…

The Supreme Court revisited the Doon Valley mining dispute, where earlier orders (30 August 1988) had halted all mining except for a few cases and directed afforestation of the valley. Numerous applications were filed thereafter seeking permission to remove stacked material or extensions of time, which the Court had be…

The C.N.V.V. Sangam, a society of Tamil Nadu agriculturists, filed a writ petition under Article 32 seeking a direction to the Union of India to refer the Cauvery water dispute to a tribunal under Section 4 of the Inter‑State Water Disputes Act, 1956, and a mandamus restraining Karnataka from constructing dams. The res…

The respondents were Delhi Police constables whose services were terminated in April 1967 for taking part in an agitation. They filed writ petitions seeking quashing of the termination orders and reinstatement, relying on earlier High Court judgments that declared similar terminated constables to have been in continuou…

The appellant, Indian Textile Paper Tube Co. Ltd., imported goods that were initially classified under a higher duty heading and later obtained a refund order after the Appellate Collector re‑classified them under a lower duty heading. The Central Government, exercising suo motu power under Section 131(3) of the Custom…

Sanjeev Kumar Aggarwal was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act while already in judicial custody on remand. He challenged the detention on the grounds that the detaining authority had not considered his existing custody, had not applied its mind…

The petitioners, SC/ST law graduates, challenged Haryana's Rule 8 which required a uniform 55% aggregate mark for all candidates in the Judicial Service examination, alleging it denied them equality of opportunity despite a 20% reservation. The State argued the mark ensured efficiency. The Supreme Court examined the co…

The President of India referred a complaint under Article 317(1) to the Supreme Court alleging that a member of the Punjab Public Service Commission, G.K. Saini, slapped the Chairman, Santosh Chowdhary, without provocation. After extensive evidence, including affidavits of the Chairman, three other members, and the res…

Khanjan Pal was accused of stabbing his co‑worker Deep Singh to death in a factory. The trial court acquitted him, discarding eye‑witness testimony and finding reasonable doubt. On appeal, the Allahabad High Court accepted the witnesses, found Pal responsible for the death, and convicted him under Section 302 IPC (murd…

The appellant, a tenant, defaulted on rent and was sued for eviction by the landlady. He filed petitions under Sections 17(2) and 17(2A) of the West Bengal Premises Tenancy Act, seeking to deposit arrears in instalments and to obtain protection against eviction under Section 17(4). The trial court ordered him to pay th…

The respondents, Home Decorators & Finance Ltd. and its managing director, organized two music programmes in Jabalpur by promoting a so‑called "Nav Nirman Group" scheme. Entrants were required to pay a non‑refundable Rs.2 admission fee and a Rs.10 membership subscription refundable after ten years, and were given invit…

The Supreme Court was approached by officers of public sector enterprises seeking implementation of the High Power Pay Committee's recommendations on pay scales, dearness allowance and other benefits for Class I and II officers. The Court had earlier ordered interim reliefs and the constitution of the Committee, whose …

The petitioner, a mustard oil manufacturer, had 562 bags of mustard seeds and 262 tins of oil seized under the Essential Commodities Act, 1955 for alleged licence violations. After the seizure, the Collector, invoking section 6E, ordered the release of the goods to the petitioner, even though confiscation proceedings w…

The claimant, Randhir Singh, suffered permanent disability after a collision with a truck owned by Ramesh Chandra and sought compensation for loss of earnings, treatment expenses, and general damages for pain and suffering. The Motor Accident Claims Tribunal awarded compensation under three separate heads and the High …

The appellants owned land that was acquired by the Hubli Dharwar Municipal Corporation for its own purposes. A reference under Section 18 of the Land Acquisition Act, 1894 was made to a civil court for determination of compensation, but the court proceeded without serving notice to the corporation as required by Sectio…

The case concerned the implementation of the 1974 and 1982 India‑Bangladesh agreements concerning the lease of a small tract of land (Teen Bigha) to enable Bangladesh’s access to its enclaves Dahagram and Angarpota. The petitioners argued that the agreements amounted to a cession of Indian territory and a surrender of …

The respondents, originally recruited as Civil Assistant Surgeons, claimed they were bypassed for promotion to the post of Additional Director of Medical and Health Services despite being ranked higher in the original select list. The dispute centered on whether the three‑year service requirement under Rule 2 of the Sp…

The U.P. Residents Employees Co‑operative Housing Society, which had acquired about 70 acres of land between 1973‑75, challenged the acquisition of its land by the New Okhla Industrial Development Authority (NOIDA) under notifications issued under the Land Acquisition Act after the enactment of the U.P. Industrial Area…

Anandi Bai held a shop in Jaipur under an 11‑month lease that was terminated by a notice under Section 106 of the Transfer of Property Act, but she continued in possession and paid rent, becoming a statutory tenant. She died in September 1966 and her heirs (the appellants) were sued for ejectment by the landlord, who a…

Gazi Khan, detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1989, filed a representation under Article 22(5) of the Constitution. The representation was disposed of after an unexplained delay of 27 days, including a 7‑day gap with no explanation for the…

M.C.S. Rao, born in Andhra Pradesh and belonging to the Gouda community, held a Scheduled Tribe certificate and applied for MBBS seats in Maharashtra seeking reservation benefits. His application was rejected because the Gouda community is not listed as a Scheduled Tribe in Maharashtra. The petitioner argued that the c…

Vishal Jeet filed a public‑interest writ petition under Article 32 seeking a CBI inquiry into police negligence, the forced prostitution, Devadasi and Jogini systems, and rehabilitation of victims. The Court observed that prostitution is a socio‑economic problem requiring preventive, not merely punitive, measures and t…

The petitioners, social workers who staged a peaceful dharna for school teachers, were arrested, convicted under Section 186 IPC and sentenced to one month’s imprisonment. After serving the sentence they were detained further and alleged that police handcuffed and paraded them in public without any written authority, v…

F.S. Gandhi, the deceased, owned several lease‑hold properties in Allahabad. The leases expired in 1958 and 1963 and the Government of Uttar Pradesh served notices to vacate, but the assessee continued to occupy the premises under a month‑to‑month tenancy and collected rent. The Wealth Tax Officer, the Appellate Assist…

The case involved engineers of the Maharashtra Service of Engineers contesting the seniority and promotion rules that distinguished between direct recruits and promotees (officiating Deputy Engineers). The Supreme Court examined whether continuous officiation should count for seniority under Articles 14 and 16, the con…

The State of Uttar Pradesh appealed to the Supreme Court against the High Court's order acquitting 24 of the 41 accused in a mass‑murder case that left 13 victims dead. The prosecution alleged a conspiracy by the accused to murder the victims during a sugar‑cane cutting, relying heavily on the testimony of several ocul…

The appellant sought a declaration that certain properties belonged to a joint family and that a trust over them was void. A receiver was appointed with an injunction restraining any "transfer" of the properties. Grindlays Bank, the original tenant of four flats, surrendered two flats to Tata Finlay, and the receiver l…

Mahesh Kumar Chauhan was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He filed a representation challenging his detention on 18‑21 August 1989, which was forwarded to the sponsoring authority on 25 August and the authority’s comments were received…

The appellant, having secured more than 40% marks in his M.A. examination, was admitted to a three‑year LL.B. course but later the university refused to declare his pre‑law and intermediate law examination results, claiming he was ineligible because he did not meet a 40% aggregate requirement. The Supreme Court examine…

The Supreme Court dealt with the aftermath of the Sanchaita Investment Company case, where a Commissioner was appointed to attach and sell properties of the defunct firm. One such property, house No. 52/1/IB, was sold on an "as is where is" basis to Ashim Kumar Mandal and others, who then sought vacant possession. The …

The appellant filed a private complaint for offences under IPC sections 323 and 452 before a Judicial Magistrate First Class, who transferred the case to a Second Class Magistrate for enquiry under CrPC sections 192(2) and 202. The Second Class Magistrate issued process against the respondents, who challenged the issua…

C.D. George, a licensed gold dealer, kept his showroom on the ground floor of a four‑storeyed building but stored gold ornaments on the third floor. He was charged under the Gold (Control) Act, 1968 for failing to maintain accounts (Sec. 55(3)) and for allegedly carrying on business in premises other than those specifi…

The plaintiff, an illiterate woman, was deceived by defendants who made her sign two deeds—one a genuine gift deed to her daughter and the other a fraudulent sale deed to the defendants—by misrepresenting the character of the documents. She later discovered the fraud and filed a suit to cancel the sale deed, while cons…

Two teachers of the Kerala Education Society Senior Secondary School, a Delhi‑aided linguistic‑minority institution, challenged the appointment of T.N. Vishwanathan Nair as Vice‑Principal. The school had advertised the post requiring a Master’s degree, teaching experience and the ability to speak and write Malayalam, a…

The appellants, who were promotees in the Punjab Superior Judicial Service, challenged a seniority list prepared by the Punjab & Haryana High Court that gave seniority to direct recruits appointed before the 1976 amendment of the service rules. The dispute centered on whether seniority should be calculated from the dat…

Manganese Ore (India) Ltd. paid its mine workers a cash wage, an attendance bonus and supplied grain at concessional rates. The workers claimed that the cash value of the grain concession and the attendance bonus were being deducted from their statutory minimum wages fixed by a government notification, and filed applic…

The Life Insurance Corporation of India (LIC) acquired two properties on Mount Road, Madras, which had been leased to India Automobiles. LIC applied to the Rent Controller for fixation of fair rent, but the tenants argued that the lease covered only vacant land and that the superstructures they built belonged to them, …

The appellants, three brothers, were convicted under IPC sections 302, 394 and 34 for the murder of Bigna Bedia and robbery of his house. The sole eye‑witness, the victim's wife (PW‑14), claimed to have identified the accused but later said she was unconscious until the police arrived, casting doubt on her testimony. T…

The Union of India and an Additional Secretary appealed against a Gujarat High Court order that had quashed a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, against Vasanbharthi Jivanbharthi. The detenu challenged the detention on the …

The State of Andhra Pradesh filed a criminal appeal against the quashing of an FIR registered against IPS officer P.V. Pavithran under the Prevention of Corruption Act. The FIR was lodged on 8 March 1984, but the investigation report was filed only on 17 September 1987, leading the respondent to seek quashing of the FI…

The petitioner, a primary teacher who retired in 1977 from an aided school, had opted for pension under a 1975 notification issued under Rule 126 of the Delhi School Education Rules. Despite her retirement, the Delhi Administration delayed payment of pension and gratuity, finally promulgating a pension scheme in 1988. …

Bakshi Ram, a constable of the Central Reserve Police Force, was convicted under Section 10(1) of the CRPF Act for forcibly entering a constable's room and assaulting his wife, and was sentenced to four months' rigorous imprisonment. While his appeal against the conviction was pending, the department dismissed him from…

In a 1986 Rajya Sabha election by the Tamil Nadu Legislative Assembly, the appellant, Era Sezhiyan, lost and challenged the rejection of one ballot paper marked with green ink (a pen different from the blue‑ink pen supplied in the booth) and the acceptance of three ballots where the figure ‘1’ was placed in the wrong c…

C.D. Ailawadi, an Audit Officer in the Defence Services, challenged his compulsory retirement order issued under rule 56(j)(i) of the Civil Services Fundamental Rules, claiming he had an unblemished record and that no review had been conducted six months before he turned 50 or completed thirty years of service, entitli…