Judgments of 1991

The appellant, Prakash Warehousing Co., obtained a licence and later an assignment of rights over two corporation godowns and, with the corporation’s knowledge, allowed a second respondent to store goods under an agreement. The corporation later formalised the appellant’s status as principal occupier by a deed dated 17…

The petitioners were Central Government officers who, after being permanently absorbed into the Food Corporation of India, retired and fully commuted their pensions for lump‑sum payments. They claimed that Office Memoranda dated 13 February 1976 and 22 October 1983, which denied them relief and ad‑hoc reliefs under the…

The case concerned two tenants occupying premises let out by Army officers who, as classified landlords under Sections 14B‑14D of the Delhi Rent Control Act, 1958, sought immediate possession for their own residence. The Rent Controller denied the tenants leave to contest the eviction applications, and the High Court u…

The case concerned an appeal by EMC Steel Ltd. against a judgment granting possession of premises to a widow-landlady under Section 14‑D of the Delhi Rent Control Act, 1958. The appellant argued that the provision should apply only when the widow became such after the premises were let out by her or her husband, fearin…

B.P. Jain & Associates, owners of 24.25 acres in Faridabad, applied for a licence to develop a group housing colony under the Haryana Development and Regulation of Urban Areas Act, 1975. The application was conditioned on compliance with Rule 11, including execution of an agreement on stamp paper and furnishing a bank …

The petitioners, permanent Class‑II officers, were promoted to the Senior Time Scale (STS) of the Indian Telecommunication Service Group A under Rule 27(b) of the Telegraph Engineering Service (Class I) Rules, 1965, as temporary officiating appointments between 1975 and 1979 and thereafter served in those posts for 10‑…

The Government of Orissa entered into a construction contract with G.C. Roy, which contained an arbitration clause. After the work was completed, a dispute arose and the arbitrator awarded the contractor the claimed sum plus 9% interest pendente lite from the date the amount became due. The Sub‑ordinate Judge set aside…

The respondents, steel rolling mills manufacturing mild steel rods, bars and rounds, claimed a higher development rebate under s.33(1)(b)(B)(i)(a) and relief under s.80‑I of the Income‑Tax Act, 1961, arguing that their products fell within item 1 of the Fifth Schedule (“Iron and steel (metal)”). The Income‑Tax Officer …

The Supreme Court considered an eviction petition filed by the landlords against the tenant under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging wilful default in rent and a change of use from residential to partly commercial. The tenant argued that rent was collected irregularly at the landlords…

The appellant, a trust, owned two parcels of land in Nagercoil and leased them to the respondent, who later purchased a superstructure built by a predecessor. When the respondent defaulted on rent, the trust obtained a decree of ejectment, conditioned on paying compensation for the building. While the decree remained u…

The case concerned promotions in the Andhra Pradesh Panchayati Raj Engineering Service from Junior Engineer to Assistant Engineer. The Administrative Tribunal had held that such promotions should be based on a statewide seniority list, but the State Government argued that the Presidential Order of 1975, made under Arti…

Mahadeo Prasad Bais, as Karta of a Hindu Undivided Family, was assessed as a HUF up to AY 1948‑49 and thereafter filed individual returns claiming total or partial partition. The Tribunal and the High Court later accepted a partial partition, making certain family income assessable to him individually. The original ass…

Govind Rao Harshe mortgaged his house and land, and a decree for sale was obtained by the mortgagees. The property was auctioned on 20 August 1942 and the bid was knocked down in favour of Gopal Rao Mutatkar, who was a member of Sagar Mahila Vidyalaya. The auction sale was confirmed on 10 April 1943 under Order XXI Rul…

The partners of a Hindu Undivided Family (HUF) formed a partnership firm after a partial partition of the family business, which was run on borrowed capital. The firm took over the HUF's assets and a debit balance of Rs.1,75,310, which was transferred to the partners' personal accounts. The firm claimed that the intere…

The case concerned the appointment of a Sanskrit lecturer in a college run by a trust, where the post was reserved for candidates from backward classes under Government resolutions and Bombay University directions. The trust appointed a non‑backward class candidate (the first respondent) repeatedly without issuing the …

The appellant was convicted of raping and murdering a five‑year‑old girl based solely on circumstantial evidence, including the alleged last sighting of the girl with the accused, his purported false explanation, the claim that he pointed out the body’s location, and alleged blood‑stains and genital abrasions. The tria…

The Maharashtra State Board of Secondary and Higher Secondary Education conducted secondary examinations in March 1990 and discovered that moderators' mark‑sheets of 283 candidates had been tampered, benefitting the students. The Board appointed enquiry officers, held hearings without advocates and barred parents from …

G. Claridge & Co. Ltd., a manufacturer of molded pulp egg trays, sought exemption from central excise duty by classifying its products as "containers" under Item 17 of the Central Excises and Salt Act, 1944 and Heading 48.18 of the Central Excise Tariff Act, 1985. The tax authorities classified the trays as "articles o…

The Supreme Court examined a contract where the plaintiff advanced Rs 75,000 to a claimant of Nawab Salar Jung’s estate in return for a one‑anna share of the proceeds, with the understanding that the plaintiff would use his influence over government ministers to secure the claimant’s recognition as heir. The trial and …

The Orissa State Lift Irrigation Corporation Ltd. reorganised its three service cadres—Mechanical, Electrical and a Composite Mechanical‑Electrical cadre—into two cadres by amalgamating the composite cadre into either the Electrical or Mechanical wing. It invited objections, considered the options given by employees, a…

The Coffee Board, which employs staff for storing, curing and marketing coffee, made an ex‑gratia payment to those employees equal to the minimum bonus payable under the Payment of Bonus Act for the years 1964‑65 to 1968‑69. The payment was made from the surplus "Pool Fund" created under Section 32 of the Coffee Act, 1…

T.P. Srivastava, employed as a Section Salesman by National Tobacco Co., was terminated in July 1973 for alleged unauthorized absence. The Government of Rajasthan referred the matter to the Labour Court to determine whether the termination was lawful and whether Srivastava qualified as a "workman" under the Industrial …

The petitioners, women belonging to the Ho and Oraon Scheduled Tribes of Chhota Nagpur, challenged Sections 7 and 8 of the Chhota Nagpur Tenancy Act, 1908, on the ground that restricting succession to the male line violated the equality guarantees of the Constitution. The State of Bihar set up a committee which reporte…

The petitioners, Section Officers in the Indian Audit & Accounts Department, challenged a circular dated 25 January 1973 issued by the Comptroller and Auditor General of India that introduced reservation for Scheduled Castes and Scheduled Tribes in promotions by seniority. They argued that the 1963 Recruitment Rules, m…

The appellants, Ashok alias Somanna Gowda and Rajendra, applied for Assistant Engineer positions in Karnataka's Public Works Department but were not selected because the interview component, weighted at 33.3% of total marks under the Karnataka State Civil Services (Direct Recruitment by Selection) Rules, 1973, gave an …

The Supreme Court considered an appeal by tenants of lands in a Taluqdari estate who argued that the lands, though cultivable, should not be deemed “uncultivated” under the Bombay Taluqdari Tenure Abolition Act, 1949 because they had been cultivated earlier. Section 6 of the Act, with its explanation, defines uncultiva…

The Bhatinda Improvement Trust framed a development scheme under the Punjab Town Improvement Act, 1922 and published notices under Section 36 in May‑June 1977. A notification sanctioning the scheme under Section 42 was issued on 30 June 1980. Respondents contended that the notification was beyond the three‑year period …

The Delhi Judicial Service Association filed writ petitions under Article 32 after the Chief Judicial Magistrate (CJM) of Nadiad was allegedly assaulted, handcuffed, tied with rope and photographed by police officers, an incident that shocked the judiciary nationwide. The Supreme Court examined whether it possessed inh…

Parusuraman and six others were charged with the murder of Jawahar, facing three sets of charges including murder, rioting and unlawful assembly. The trial court acquitted all accused, but the Tamil Nadu High Court convicted three of them (A1‑A3) under Section 304 Part I read with Section 34, sentencing them to five ye…

Seven accused were tried for rioting, murder and related offences arising from the killing of Madda Lakshamandas. The trial court convicted six under Sections 148 and 302 read with Section 149 of the IPC; the high court later acquitted four of them, retaining convictions of three (A‑1 to A‑3) on the basis that they for…

Ram Sewak Prasad, appointed Excise Sub‑Inspector in 1964, was promoted on an ad‑hoc basis to Excise Inspector in February 1972 and thereafter performed the duties and received the salary of an Inspector. He was omitted from the seniority list and denied promotion, while direct recruits to the Inspector cadre were promo…

The case concerned the merger of the Exploration Wing of the Indian Bureau of Mines (IBM) with the Geological Survey of India (GSI). Employees of IBM claimed that the merger took effect on 1 January 1966, seeking promotion and seniority benefits, while the Government argued that the actual merger occurred on 4 February…

The Uttar Pradesh State Road Transport Corporation (SRTC) required its drivers to undergo annual medical examinations under Regulation 17(2). Regulation 17(3) allowed the corporation to dispense with the service of drivers who failed the fitness test, with a discretionary power to offer them alternative jobs. After med…

In the 1989 Lok Sabha election, a defeated candidate challenged the election of the winner on grounds of corrupt practices under sections 123(2), (3) and (3A) of the Representation of the People Act, 1951. The Bombay High Court, after finding the charges proved, issued notices under section 99 to three persons, includi…

The appellants, manufacturers of polyester fibre yarn, imported di‑methyl‑terephthalate (DMT) and paid customs duty, using it to produce blended yarn that was exported. They sought a full drawback of the customs duty under Section 75 of the Customs Act, 1962 and Section 37 of the Central Excises & Salt Act, 1944, relyi…

The Karnataka State Legislature amended the Mysore Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Act, 1959 to include restrictions on silk yarn, prompting petitioners to challenge its validity on the ground that Parliament's Central Silk Boards Act, 1948, under Entry 52 of List I, made th…

The respondent, K.K. Shukla, was appointed as an ad‑hoc Assistant Auditor in Uttar Pradesh on a temporary contract that allowed termination at any time without cause. An adverse entry was entered against him for 1977‑78 and, later, a preliminary inquiry found him guilty of unauthorised audit of a college’s Boys Fund an…

Shiva Glass Works Co. Ltd., a licensee under the Central Excises and Salt Act, 1944, paid excise duty on glassware based on price lists submitted for provisional assessment. A search revealed two sets of bills, indicating that duty had been paid at lower rates than the actual sale prices. The Assistant Collector issued…

The Reserve Bank of India introduced a new pension scheme in 1990, replacing the Contributory Provident Fund (CPF) scheme. Regulations 3(3) and 31 fixed a cut‑off date of 1 January 1986, allowing only employees who retired on or after that date (and before 1 November 1990) to opt into the pension scheme by refunding CP…

Assam Sillimanite Ltd., a public company that owned a refractory plant, challenged the Assam Sillimanite Ltd. (Acquisition & Transfer of Refractory Plant) Act, 1976 which vested the plant in the Central Government and fixed a payment of Rs 1,07,17,000. The company argued that the amount was illusory, arbitrary and viol…

Multimetals Ltd. manufactured copper pipes and tubes and claimed exemption from excise duty on the total quantity of copper and copper alloys used, including the material lost during manufacturing. The Central Excise Department argued that the exemption should be calculated only on the weight of the finished pipes and …

M.A. Hai Azami, an Upper Division Clerk, was deputed from a government department to the Andhra Pradesh State Electricity Board and was placed in charge of an Accountant post but received only clerk pay. He sued the Board for damages, claiming entitlement to the Accountant's salary. The Andhra Pradesh Service Tribunal …

Arvind Mills Ltd. imported plant and machinery from abroad and financed the purchase with a foreign loan. After the 1966 devaluation of the rupee, the rupee liability on the loan increased. The assessee claimed a development rebate under Section 33 of the Income‑Tax Act on the revised (higher) cost of the asset, while …

The Supreme Court examined two writ petitions challenging prolonged criminal proceedings – one by former Maharashtra Chief Minister A.R. Antulay and another by advocate Ranjan Dwivedi – alleging violation of the right to a speedy trial under Article 21 of the Constitution. The Court reaffirmed that the right to a speed…

The appellant, Surinder Singh Sibia, owned a house in Himachal Pradesh where he occupied the first floor and let the second floor to a judge. The entire house was later requisitioned for the judge's use under the Himachal Pradesh Requisition and Acquisition of Immovable Property Act, 1972, and the appellant did not fil…

The Institute of Chartered Accountants of India (ICAI) and its Secretary rejected the nominations of Inder Chand Jain for election to the Council because the nominations, sent by registered post on May 17 and 18, 1991, were received after the deadline of 5 p.m. on May 21, 1991. Jain challenged the rejection before the …

The Commissioner of Gift Tax appealed against a Kerala High Court order that allowed an exemption from gift tax on a transfer of movable assets made by a Muslim businessman who was seriously ill and died six weeks after executing a settlement deed. The issue was whether the transfer qualified as a "gift in contemplatio…

Ashok Kumar was convicted of murder and sentenced to life imprisonment. He sought premature release under the Rajasthan Prisons (Shortening of Sentences) Rules, 1958, arguing that Section 433A of the Code of Criminal Procedure, 1973 – which imposes a 14‑year minimum before any release for life convicts of capital offen…

In the 1989 Mizoram Assembly elections, fifteen unsuccessful MNF candidates filed election petitions alleging corrupt practices by the elected Congress(I) candidates. The High Court rejected preliminary objections, allowed certain amendments, and struck out vague paragraphs, prompting the returned candidates to appeal …

The wife of Iqbal Singh set herself and her three children on fire on 7 June 1983 after prolonged dowry harassment by her husband, his mother and sister. She had previously complained to police and written letters detailing the abuse and her fear for her life. The husband, his mother and sister were charged under Secti…

The appellant, Tribhovandas Haribhai Tamboli, leased agricultural land and, under Section 32(1) of the Bombay Tenancy and Agricultural Lands Act, 1948, became a deemed purchaser from tillers' day (1 April 1957). Because the landlord was a lunatic, his purchase right was deferred under Section 32‑F until the landlord’s …

The Uttar Pradesh State Electricity Board (UPSEB) conducted a recruitment for Assistant Engineer (Civil) allocating 120 marks to the written test and 40 marks each to interview and group discussion. Three unsuccessful candidates filed writ petitions alleging that the 40‑mark allocation for interview and group discussio…

The case concerned the murder of four liquor‑shop workers and the attempted murder of a fifth person. The prosecution relied mainly on the ocular testimony of two injured witnesses (PW‑3 and PW‑4), ballistic evidence linking a rifle owned by the accused A‑1, and circumstantial evidence. The appellants challenged the ad…

Three miscreants broke into a Christian missionary school in Uttar Pradesh on the night of July 12/13, 1990, assaulting and raping two nuns and looting cash and jewellery. The police arrested four persons, recovered some watches, and filed a charge‑sheet, but the victims refused to identify the accused in the magistrat…

Laxmi Bai, a widow and member of a joint family, filed an appeal challenging the termination of tenancy she gave to the predecessor-in-title, Dayanu, on June 24, 1960, alleging that the tillers' day under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948 should have been postponed for her as a widow. Th…

Mahan Kaur, a Hindu woman, inherited agricultural land from her husband. After her intestate death, the revenue authorities mutated the land in favour of the State, claiming no qualified heir existed. Balwant Singh, the grandson of Mahan Kaur's brother, sued for possession and for a declaration that he could redeem the…

The appellants, Amir Shad Khan and Aziz Ahmed Khan, were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after gold bars were recovered from their vehicle. They were served detention orders that allowed them to make representations to the State Government, Central Go…

The Reserve Bank of India (RBI) provided special duty allowances to officers transferred to its Gauhati unit from regions outside the North-East, citing greater hardships such as language barriers and accommodation difficulties. The local officers' association challenged this policy, arguing that all officers at Gauhat…

Four brothers, who had partitioned their ancestral property in 1954 but kept the acquired Chalai Anicut in common, were compensated 1/4 each after a land acquisition. The eldest brother, Venkatachalam Pillai, filed six references under Section 18 of the Land Acquisition Act seeking enhanced compensation for all brother…

The State acquired 5 acres 589‑1/3 sq. yards of land in Vishakapatnam for a housing scheme in 1963. The initial compensation of Rs 1.58 per sq. yard was enhanced by the Civil Court to Rs 10 per sq. yard with 15% solatium and 4% interest, a figure affirmed by the High Court. On appeal, the Supreme Court examined the pro…

Doongaji & Co., a long‑time licensee under Sections 13 and 14 of the Madhya Pradesh Excise Act, 1915, contested the award of a new distillery licence to Rajdhani Distilleries Corp. and the subsequent takeover of its distillery and warehouses on the ground that Clause 50 of the licence required the State to fix the valu…

Doongaji & Co., a partnership with a 40‑year history of operating a distillery at Ujjain, sought renewal of its licence under the Madhya Pradesh Excise Act, 1915 after its last licence expired in 1981. The licence for the 1981‑86 period was awarded to Rajdhani Distillery Corporation, and subsequent applications by Doon…

Krishan Kumar, holder of a stage‑carriage permit for the Kota‑Khanpur route, challenged the State of Rajasthan’s decision to grant an exclusive operating right on the overlapping Kota‑Sangod route. The State Road Transport Corporation had issued a notification on 11‑Oct‑1979 under Section 68‑C of the Motor Vehicles Act…

The first appellant, married under Hindu law, obtained a divorce decree from a Missouri court on the ground of "irretrievable breakdown" after claiming a 90‑day residence in Missouri, while the parties had actually last lived together in Louisiana. The respondent contested the decree, arguing lack of jurisdiction and t…

The petitioners, teachers employed in schools run by the Ordnance Factories under the Defence Department, challenged their compulsory retirement at age 58, alleging discrimination because teachers in other central government departments were allowed to retire at 60. They invoked Articles 14 and 16 of the Constitution, …

The appellants forcibly took a teenage girl to a remote house, intoxicated her, undressed her and sexually assaulted her, after which she escaped from a truck and sought help. The trial court convicted them of rape under IPC s.376(2)(g) relying on the victim's uncontroverted testimony and the presumption of lack of con…

Pratibha Co‑operative Housing Society Ltd. constructed eight unauthorized floors in a 36‑storey building, exceeding the permissible Floor Space Index (FSI) by about 24,000 sq ft. The Bombay Municipal Corporation issued a show‑cause notice and ordered demolition of the upper eight floors, which the Society challenged th…

Associated Cement Companies Ltd, a cement manufacturer, supplied cement to the Cement Manufacturing Company of India Ltd, which acted as its exclusive marketing agent. The appellant claimed that the sales to the marketing company were exempt from Madhya Pradesh sales tax under the Explanation to Article 286(1)(a) of th…

The Grih Kalyan Kendra, a welfare society under the Ministry of Home Affairs, employed regular staff on deputation and ad‑hoc workers paid only honorarium or piece‑rate without pension or provident fund. The workers' union filed a writ under Article 32 seeking a declaration that the Kendra is a 'State' within Article 1…

Subhash Kumar filed a writ petition under Article 32 of the Constitution, claiming that West Bokaro Collieries and Tata Iron & Steel Co. were polluting the Bokaro river by discharging slurry from their washeries, thereby violating the right to life under Article 21. He also alleged that the State of Bihar and its Pollu…

The petitioners, foreign nationals arrested for allegedly smuggling gold biscuits, were denied bail and subsequently detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). They challenged the detention, arguing that there was no compelling necess…

D.H. Brothers Pvt. Ltd., a dealer in machinery, claimed that a sugarcane crusher (kohlu) was an "agricultural implement" exempt from sales tax under the Uttar Pradesh Sales Tax Act, 1948, relying on a 14 November 1980 government notification that listed exempt agricultural implements. The Commissioner of Sales Tax reje…

Dr. Ku. Nilofar Insaf and Dr. Devraj Jain competed for a single M.D. Radiology seat at Gandhi Medical College, Bhopal. Nilofar, who had transferred from a Bangalore medical college to Bhopal after paying a capitation fee, secured higher aggregate marks than Jain and was admitted. Jain challenged her admission, arguing …

The Supreme Court heard a writ petition filed by the Sub‑Committee on Judicial Accountability seeking directions concerning an inquiry into alleged misconduct of a sitting Supreme Court judge for his conduct as former Chief Justice of a High Court. The petition questioned the validity of the Lok Sabha Speaker’s admissi…

The State of Tamil Nadu had several teacher‑training institutions that applied for recognition from the Education Department but none were granted it. The institutions filed writ petitions seeking statutory recognition and a direction that their students be allowed to sit the public examinations. The Madras High Court …

The Hindu Undivided Family (M.C. Jain) leased its premises to Jain Glass Works Ltd for an annual rent of Rs 21,000, of which Rs 10,000 was contractually payable directly to a college run by a charitable trust. The Court held that this arrangement is merely a self‑imposed application of income and does not divert the re…

The widow of a deceased railway employee and his children claimed family pension, while the employee's brother sought to claim the same on the basis of a will bequeathing the pension to him. The Railway Administration withheld payment following an injunction issued in the brother's favor. The Central Administrative Tri…

The appellants, land owners whose property was acquired for a residential‑commercial complex in Hissar, Haryana, challenged the compensation awarded by the Land Acquisition Collector and later by the High Court. The Collector had belted the land into three blocks with low per‑square‑yard rates, which the High Court inc…

The assessees, Attar Singh and Gurmukh Singh, made cash payments exceeding Rs.10,000 for purchases of stock-in-trade, which the assessing authority disallowed as deductions under Section 40A(3) of the Income Tax Act, 1961 read with Rule 6DD of the Income Tax Rules, 1962. The assessees challenged the validity of Section…

General Electric Technical Services Co. (GETSCO) subcontracted work to Mis Punj Sons (P) Ltd. (respondent-1) for an aircraft testing centre, requiring a performance bond and a bank guarantee for a mobilisation advance. Punj Sons failed to complete the project, leading GETSCO to terminate the contract and demand encashm…

The Supreme Court upheld the convictions and death sentences of Sevaka Perumal and Isakkimuthu for the pre‑meditated murder of four young boys, committed for cash and jewellery. The Court held that the dead bodies were positively identified by the victims' mother and forensic evidence, so corpus delicti was established…

The appellants were charged with murder under IPC sections 302 and 149. The trial court acquitted them, rejecting the testimony of five eyewitnesses and finding the identification parades perfunctory. The High Court reversed the acquittal, relying on the two eye‑witnesses and the identification parades, and convicted t…

The landlord Chandmal filed an eviction suit under section 15(3)(a)(iii) of the Hyderabad House (Rent, Eviction and Lease) Control Act, 1954, claiming the premises for his personal use. The tenant firm denied the claim of permanent tenancy and argued the landlord was not bona fide. The trial court and the Additional Re…

The Supreme Court examined whether two State Government orders of 1955 and 1958 granted land to the Ziarat Shareef of Hazrat Baba Ibrahim (a Wakf) or to the father of the defendants in his personal capacity. The Committee of Muslim Wakf sued the managers of the Ziarat, alleging they were treating the land as personal p…

The State of Kerala challenged K.D. Hills Produce Co. Ltd.'s claim of absolute ownership over a 150‑acre concession in the Kanan Devan Hills, originally granted by the Poonjar Raja in 1877 and later transferred to the company. In 1963 the company clear‑felled the area and sought free passes to transport the timber, but…

Sureshta Devi and Om Prakash filed a joint petition under Section 13‑B of the Hindu Marriage Act for divorce by mutual consent. The wife later applied to withdraw her consent, claiming it was obtained under pressure, and the District Court dismissed the petition. The High Court reversed that order, holding that consent…

St. Stephen's College, a constituent and aided college of Delhi University, claimed minority status under Article 30(1) of the Constitution and challenged two University circulars that fixed a uniform admission deadline and required admission solely on the basis of marks. The College also sought to continue its intervi…

Employees of the Jammu & Kashmir High Court sought a 25% reservation in the Jammu & Kashmir Civil Service (Judicial) recruitment rules for promotion/transfer from positions such as Assistant Registrars, Readers, Court Officers and Librarians. The High Court, after consulting the Public Service Commission and a Vigilanc…

Urmila Padhi filed a suit for declaration of title based on a 1968 partition and later died during the proceedings. Her brother’s son and sister were brought in as legal representatives under a deed of settlement and a will executed by her. The trial court upheld the suit, finding the settlement and will valid and gran…

The decree-holder firm obtained a money decree against a judgment debtor and, during execution, the debtor's agricultural land was attached and auctioned, with the firm emerging as the successful bidder. The heirs of the debtor filed an objection under Section 47 of the CPC, alleging that the sale violated Section 63 o…

Deepak Theatre held a licence under the Punjab Cinemas (Regulation) Act, 1952. The licensing authority classified the theatre's seats into four categories and fixed admission rates, which the theatre challenged as ultra vires and a violation of its Article 19(1)(g) right to carry on business. The High Court initially h…

The Goa, Daman and Diu Housing Board entered into four construction contracts with Ramakant V.P. Darvotkar, which were later terminated for alleged abandonment of work. The Board sued for damages, but the parties were bound by an arbitration agreement; an arbitrator was appointed and awarded the respondent sums exceedi…

The appellant suffered injuries in a road accident on 22 January 1989 and filed a claim petition on 15 March 1990, seeking condonation of delay. The Motor Vehicles Act, 1939, under which the accident occurred, was repealed and replaced by the Motor Vehicles Act, 1988 on 1 July 1989; both statutes prescribe a six‑month …

The case concerned the promotion of Major General Dayanand Khurana, who was approved for the ‘Staff Only’ stream under the Army’s two‑stream concept. The respondent argued that, despite being in the Staff Only stream, he should be senior to officers promoted in the ‘Command and Staff’ stream and sought a mandamus direc…

The State of Tamil Nadu issued a notification under Section 4 of the Land Acquisition Act, 1894 to acquire land for a housing scheme of the Tamil Nadu Housing Board, but had not yet prepared a scheme under the Madras State Housing Board Act, 1961. The landowners challenged the notification, arguing that acquisition cou…

The appellant, a company in liquidation, sold its assets and invested the proceeds in fixed deposits, earning interest income. The liquidator incurred various expenses (salaries, legal fees, etc.) which the company sought to deduct from the interest under section 57(iii) of the Income Tax Act. The Assessing Officer tax…

Patel Roadways Ltd, a carrier with its principal office in Bombay and subordinate offices elsewhere, was sued in Madras courts for loss of goods transported from its Tamil Nadu and Madras branches to Delhi. The carrier claimed that a clause in its contracts stipulated that any dispute must be heard only in Bombay court…

The Banwasi Seva Ashram filed a writ petition under Article 32 challenging the eviction of its members from areas declared reserve forest under Section 20 of the Indian Forest Act, 1927. The Supreme Court had earlier appointed commissioners to prepare land records, identify forest land and decide the final action, but …

The Diesel Locomotive Works invited tenders for ferrous scrap, stipulating that earnest money be paid by cash or a demand draft drawn on the State Bank of India. Poddar Steel submitted the highest bid accompanied by a certified banker's cheque from Union Bank of India, which the Tender Committee verified and accepted. …

The petitioner, a directly recruited accountant of Himachal Pradesh Tourism Development Corporation, was served a charge sheet and his services were terminated by a simple notice before the conclusion of a disciplinary enquiry. The Supreme Court examined whether the termination was a genuine exercise of power under Reg…

A writ petition before the Bombay High Court challenged a communication of the Municipal Corporation that barred development of a parcel of land near chemical factories. The High Court set aside the communication, thereby affecting the interests of the factory owners who were not parties to the writ petition. Those own…

The Municipal Corporation of Bilaspur appealed against a Madhya Pradesh High Court order that each tenement must be assessed separately for property tax and that aggregation of annual letting values could be used only for exemption, not for taxation. The dispute centered on Section 127A of the Madhya Pradesh Municipali…

The Supreme Court examined a contempt petition filed by Ram Pyari against Jagdish for failing to comply with a prior order that required the respondent to vacate premises, pay any rent arrears, and file an undertaking within three months. The respondent contended that the proper remedy was execution of the decree, not …

The case concerned the inter‑se seniority of officers promoted from the Class II Engineers Service (the promotees) and a directly recruited Assistant Executive Engineer, R.R. Sheoran, under the Haryana Service of Engineers (Class I) Rules, 1966. The promotees were elevated to Executive Engineer on an officiating basis …

The appellants, Class II engineers promoted on an officiating basis, challenged the promotion, confirmation and subsequent promotion of direct recruits B.D. Sardana and F.L. Kansai in the Haryana Service of Engineers, arguing that they should be deemed members of the service from the date of their initial officiating p…

Jai Prakash was convicted of murder for stabbing Champat Rai with a kirpan after an altercation at the house of Agya Devi, the deceased's wife, with whom the appellant allegedly had an illicit relationship. The sole eyewitness, the deceased's brother, testified that the appellant, after a verbal exchange, deliberately …

The case concerned the merger of the Time Keepers cadre with the clerical cadre in all Naval establishments by a Presidential Order dated 14 September 1966. The Supreme Court examined whether the subsequent order of 5 December 1966 could alter that merger and whether employees could be transferred without losing overti…

The petitioners, diamond exporters, were granted Export House Certificates and Additional Import Licences under the 1978‑79 Import‑Export Policy, which were based on FOB export values. After the 1988‑91 Policy came into force, a provision (para 218(10)) excluded licences issued before 1 April 1988 from the new import‑f…

R.S. Raghunath, an officer in the Karnataka Motor Vehicles Department, challenged the promotion of another officer to Deputy Commissioner of Transport, arguing that the Special Rules of 1976 required promotion by selection, not seniority‑cum‑merit. The Karnataka Administrative Tribunal dismissed his claim, holding that…

The University of Rajasthan invited applications for a Professor of Botany and a Selection Committee appointed a candidate from the main list and Dr. Uma Kant to the reserve list. After the initially appointed professor retired, Dr. Kant was appointed from the reserve list. Non‑selected candidates challenged this appoi…

The appellants Mathura Prashad and Binda Prashad were convicted under IPC s.302 read with s.34 for the murder of Keshav Singh. The prosecution’s case rested on a dying declaration in which the deceased wrote only the name "Guiab Chand" and on witness testimony that did not specifically identify the appellants. The Supr…

The Collector of Central Excise, Madras issued an order on 28‑Nov‑1984 holding a demand for excise duty barred by limitation and sent a copy to the respondent on 21‑Dec‑1984. The Central Board, on 11‑Dec‑1985, directed the Collector to seek a review of that order before the Customs, Excise & Gold (Control) Appellate Tr…

The respondent, a retired High Court judge, had served only 5 years 10 months and 17 days and was receiving a pension of Rs.8,400 per annum under Part I of the First Schedule of the High Court Judges (Conditions of Service) Act, 1954. He sought a higher pension by claiming that an additional 1 month and 13 days should …

Cellulose Products of India Ltd, a chemical manufacturer, claimed exemption under Section 84 of the Income Tax Act for the assessment year 1966-67, arguing that its new industrial undertaking began producing "articles" only when it started manufacturing Carboxy Methyl Cellulose (CMC) in June 1961. The Income Tax Office…

The Integral Coach Factory’s Production Control Organisation (PCO) comprises four wings, of which the Progress Wing was declared a separate permanent cadre while the Inspection Wing remained an ex‑cadre unit. Employees of the Inspection Wing filed a writ petition alleging that this differential treatment violated Artic…

The Supreme Court examined the constitutional validity of cess levied by the States of Orissa, Bihar and Madhya Pradesh on the basis of royalty from mining lands. It held that the cess could not be classified as land revenue, a tax on land, or a tax on mineral rights and therefore fell outside Entries 45, 49 and 50 of …

The Supreme Court considered the validity of a mineral‑areas development cess imposed under the Madhya Pradesh Karadhan Adhiniyam, 1982. The Madhya Pradesh High Court had earlier held the levy invalid in Hiralal v. State of M.P. (1986), but the State continued collecting the cess, prompting writ petitions and appeals. …

The appellant, a lawful owner of a field, discovered the deceased Bhikari Pradhan and his companions illegally ploughing the land. He demanded they unyoke their bullocks; when they refused, he struck the unarmed, seated deceased on the head with a stick, causing fatal injuries. The trial court acquitted him on the basi…

The Barnagore Jute Factory and other jute manufacturers challenged the levy of a cess on jute yarn and twine under the Industries (Development and Regulation) Act, 1951, arguing that jute yarn was not covered by Heading 23(2) of the First Schedule, that intermediate products could not be taxed, and that the cess could …

The appellant, an allottee of a flat allotted by a housing cooperative society under a 99‑year lease from the Metropolitan Development Authority, sub‑let the premises to the respondent. After the respondent failed to vacate following a notice of termination, the appellant sued for eviction under Section 13(1)(ff) of th…

The Supreme Court examined the court‑assisted settlement of the Bhopal gas‑leak disaster claims, where Union Carbide Corporation (UCC) agreed to pay $470 million and all civil and criminal proceedings were to be terminated. The Court held that under Article 142 of the Constitution it had jurisdiction to withdraw the ma…

The Union of India sued Union Carbide Corporation (UCC) in the US District Court, which ordered a $5 million interim relief to be paid to the Indian Red Cross Society for Bhopal gas victims, stating the amount was an advance payment and would be set‑off against any final judgment. After the US case was dismissed on for…

The appellants, senior police inspectors, challenged the out‑of‑turn promotion of two junior officers to Deputy Superintendent of Police, alleging that the promotion order lacked any reasons. They filed a writ petition in the High Court, which dismissed the petition by a non‑speaking order that gave no reasons for dism…

Sardar Singh, a Jawan with ten years of service, was convicted by a summary court‑martial for carrying twelve bottles of liquor, seven of which exceeded his permitted allowance, while on leave. The court‑martial sentenced him to three months' rigorous imprisonment and dismissal from service. Singh appealed, alleging pr…

The Central Government sanctioned a primary school for children of ordnance factory employees, while the employees themselves established a secondary school staffed by teachers paid honorarium from fees. The teachers sought regularisation and equal pay before the Central Administrative Tribunal, which directed the Gove…

Ajudh Raj and others (plaintiffs) challenged an order passed by the Compensation Officer under Section 27(4) of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, which granted Moti, the respondent, rights as a sub‑tenant. The plaintiffs claimed Moti was merely a labourer and that the offi…

The case involved the murder of Hanumant Singh, allegedly over a dispute concerning gold ornaments, with Mahesh Chander and Mohinder Singh convicted on the basis of eye‑witness testimony. The appellants challenged the conviction, arguing that the FIR was delayed, the names of the accused were omitted, and the refusal t…

Burn Standard Company Ltd., a Government undertaking, entered into a technical collaboration agreement with McDermott International Inc. to obtain foreign technical know‑how, requiring RBI permission under Section 28(1)(b) of the Foreign Exchange Regulation Act, 1973 (FERA). The agreement received approval from the Sec…

The appellants, Narendra Pratap Narain Singh and Puran Singh, were in charge of government agricultural seed stores and were charged under IPC sections 409, 467 and 471 for allegedly preparing forged bills and receiving payments for credit sales to village level workers, contrary to government circulars prohibiting suc…

The appellant, a cash clerk, was suspended pending a criminal investigation and later terminated under Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965. After being acquitted, he challenged the termination before the Central Administrative Tribunal, which set aside the termination and ordered tha…

Mangalore Chemicals & Fertilisers Ltd sought to adjust cash refunds of sales tax on raw materials against its tax liability under the Karnataka Sales Tax Act, 1957, based on a 1969 government notification granting such refunds to new industries. A later 1975 notification required the dealer to obtain prior permission f…

The State of Maharashtra charged Anand Chintaman Dighe under the Indian Penal Code and the Terrorist and Disruptive Activities (Prevention) Act (TADA) for the murder of a municipal corporator, alleging that Dighe had incited violence against political opponents through statements to the press. The Designated Court init…

The appellants, owners of mini steel plants, were granted a concessional electricity tariff by the Andhra Pradesh Government in 1977. The State Electricity Board later imposed minimum consumption charges and raised the tariff, prompting the Government to issue clarifications in December 1978 and January 1980 regarding …

ELD Parry (India) Ltd. retired several employees who claimed a pension (retiring allowance) under General Office Order No. 26, 1943. The 1956 settlement between the company and the employees' union allowed workers to choose either gratuity or, in lieu of gratuity, a retiring allowance, but did not expressly abolish the…

The appellants, industrial electricity consumers, challenged the Andhra Pradesh State Electricity Board’s upward revision of high‑tension tariffs and the imposition of a fuel‑cost adjustment charge. The Supreme Court held that the Board’s power to fix tariffs under s.49 of the Electricity (Supply) Act, 1948, remains va…

The appellants, a slum‑dweller association and a resident, challenged a 1981 notification that reduced the declared slum area in Bangalore, alleging denial of a hearing and violation of natural justice and Article 14. The High Court had dismissed the petition on the ground of lack of locus standi, but the Supreme Court…

The Delhi Transport Corporation (DTC) Workers' Union filed a writ petition under Article 32 seeking a mandamus directing DTC to implement, from 1 January 1986, the Fourth Pay Commission recommendations for its employees, as per Office Orders dated 15 September 1983 and 7 February 1984. The Union argued that employees w…

Rabinarayan Mohapatra was appointed as a Hindi teacher in an aided school on an 89‑day contract starting 12 July 1982, with successive short‑term renewals and one‑day breaks, but was not paid salary for summer vacations. After 1986 his appointment was not approved by the education authorities, yet he continued to serve…

The Bihar State Co‑operative Marketing Union (BISCOMAUN) was placed under administration by the State Government, after which its administrator, R.K. Singh, reported alleged financial irregularities involving former Managing Director P.P. Sharma, advisor G.D. Mishra and Chairman Tapeshwar Singh in the purchase of sub‑s…

The petitioners, a group of government compositors, sought to be placed in the "highly skilled" Grade‑I category with backdated benefits, relying on a Himachal Pradesh High Court decision in T.R. Thakur’s case that had held seniority‑based classification unreasonable. The Supreme Court examined whether that High Court …

The appellants, sons of the deceased Wadood Ali Khan, challenged the Uttar Pradesh Prescribed Authority's redetermination of surplus land under the Ceiling Act after the tenure holder's death. The Authority had issued notice only to one son and declared additional land surplus, despite the existence of several other he…

Natesan Chetty, the Karta of a Hindu Undivided Family, owned five houses in his individual capacity and, in 1970, declared that three of them would become joint family property, a process termed "blending". After a partition in 1971, two of the houses were allotted to him while the remaining three passed to other famil…

The appellant's 13.07‑acre coffee estate was auctioned under the Tamil Nadu Revenue Recovery Act, 1894, and purchased by the first respondent for Rs.12,225. Section 36 of the Act requires that the date and place of sale be published in the Gazette and that the balance of the sale consideration be deposited within 30 da…

The appellants, long‑time tenants of a plot that was reconstituted under a town‑planning scheme, challenged the scheme on the ground that the Town Planning Officer failed to serve the special notice required by Rule 21(3) and to give a reasonable opportunity as mandated by Rule 21(4) of the Bombay Town Planning Rules, …

Balbir Singh and Inderjit Singh, brothers, were charged with murder of their relative Onkar Singh under Sections 302 and 34 of the IPC. The Sessions Judge acquitted them, but the Punjab and Haryana High Court, on appeal by the State, convicted them and sentenced them to life imprisonment. The appellants appealed to the…

The Supreme Court had directed the Delhi Development Authority (DDA) to grant conditional approval to Delhi Cloth Mills Ltd.'s (DCM) redevelopment scheme for 63 acres, subject to removal of objections. DDA raised three objections: conformity with the 2001 Master Plan, the incorrect assumption that DCM owned the entire …

Kalawati, a daughter of a Hindu widow, claimed ownership of the entire estate inherited by her mother from her husband, asserting that a 1954 gift deed transferring the property to her was valid and that she had become an absolute owner under section 14 of the Hindu Succession Act, 1956. Soiryabai, the other daughter, …

The Maharani, married to a Maharaja in 1960, sought to nullify that marriage after the Maharaja’s death in 1974, when the Maharaja’s mother’s relative (the respondent) claimed to have married the Maharaja believing his first marriage was dissolved. The respondent filed a petition under Section 11 of the Hindu Marriage …