Judgments of 1992

The State of Uttar Pradesh convicted Hanif under sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 for selling adulterated milk, sentencing him to six months' rigorous imprisonment and a fine. The conviction was affirmed by the Sessions Court but set aside by the Allahabad High Court on the ground that…

The Supreme Court examined the status of the Saharanpur‑Shahdara‑Delhi route nationalised under a 1959 draft scheme of the Motor Vehicles Act, 1939, which had been approved on 29 September 1959. After a long delay, a fresh draft scheme was issued in 1986, but the Motor Vehicles Act, 1988 came into force in 1989. The Co…

The State of Orissa prosecuted Dambru Naiko and another accused for kidnapping and gang rape of a village girl, Manguri Bhotruni, under IPC sections 366, 376 and 34. The victim identified the two respondents in an identification parade and medical examination showed injuries to her private parts, which the trial court …

Basanagouda was elected to the Karnataka Legislative Assembly and was challenged by Dr. S. B. Amarkhed, the nearest unsuccessful candidate, who alleged booth‑capturing and rigging of votes. The High Court, relying on Order XI Rule 14 and Order XVI Rule 6 of the CPC, ordered the production of various election documents,…

The State of Bihar, under the Bihar Excise Act, 1915, initially adopted a policy in January 1990 granting five‑year settlements of liquor‑shop licences subject to annual renewal and certain conditions. The appellants paid the first year’s fee and claimed a contractual right to continue their licences for the full five‑…

The State of Tamil Nadu prosecuted accused Karuppusamy and Natarajan for the murder of Muthusamy and the attempted outraging of Anjali's modesty, alleging that the accused used aruvals to cut off the victim's head and assault the woman. Four eye‑witnesses, including a rustic woman (PW‑1) and a child (PW‑2), testified t…

The case arose from a violent incident during a wedding procession on 17 November 1972 in which Ramesh Chand was shot dead and several others injured. The accused—Kashmiri Lal, Madan Lal, Babu Ram, Jagdish Singh Bedi and Prem Pal—were convicted by a Sessions Court for conspiracy to murder, murder, attempt to murder and…

The respondents, Tiwari and Passi, were prosecuted under Section 276‑B of the Income‑Tax Act for failing to deposit TDS. They applied to the Commissioner for compounding of the offences under Section 279(2). The Central Board of Direct Taxes had issued Instruction No. 1317 under Section 119(1) requiring prior Board app…

Bhagwan Swaroop was charged with murder, attempt to murder, trespass and a violation of the Arms Act after he fired his father's licensed gun during a dispute over land. The father, Ramswaroop, was being beaten with a lathi by the complainant Shahjor Singh when Bhagwan, fearing for his father's life, shot the deceased …

The respondent, who succeeded her father as landlord of a flat let to the appellant on October 1, 1961, sought eviction under clause (e) of section 14(1) of the Delhi Rent Control Act, 1958, claiming a bona‑fide personal requirement. The appellant contended that the flat, although let for residential purposes, was also…

Miss Mohini Jain, an Indian student from outside Karnataka, was denied admission to a private medical college after she could not pay a Rs.60,000 annual fee, which she alleged to be a capitation fee. She filed a writ petition under Article 32 challenging the Karnataka Government's 1989 notification fixing differential …

The appellant, a manufacturing dealer, purchased raw materials both within Maharashtra and from other states and claimed set‑off of purchase tax against sales tax under Bombay Sales Tax Rules 41 and 41A. The rules require that the set‑off be reduced by one per cent of the sale price of goods dispatched to the dealer’s …

The petitioners, doctors who had passed MBBS, challenged the Uttar Pradesh government's rule that required a minimum of 50% marks for general candidates and 40% for SC/ST candidates in the Post‑Graduate Medical Entrance Examination (PGMEE) 1992. They argued that the rule left 217 of 535 seats vacant and violated Articl…

The State Bank of India (SBI) granted a packing credit to a partnership and secured it by an equitable mortgage of a shop and a personal guarantee. SBI obtained a composite decree comprising a money decree against all defendants, including the guarantor, and a mortgage decree for sale of the shop. The guarantor objecte…

The Supreme Court examined the constitutional validity of the Reserve Bank of India's 1987 directions regulating Residuary Non‑Banking Companies (RNBCs) under Sections 45J, 45K(3) and 45L of the RBI Act. The petitioners, a group of finance companies including Peerless, argued that the directions were ultra vires, unrea…

The appellant, a contractor, entered into a 1966 agreement with the State of Kerala to complete work within ten months, but failed to do so and the contract was terminated in 1968. The State served a demand notice under the Revenue Recovery Act on 30 May 1974, which the appellant contested by a writ petition. In 1983 t…

The assessee, Gwalior Rayon Silk Manufacturing Co., claimed depreciation on the written‑down value of roads and drains constructed within its factory premises, arguing that they form part of the factory building under Section 32 of the Income‑Tax Act, 1961. The Income‑Tax Officer disallowed the claim, but the Appellate…

The appellant, Madan Gopal Kakkad, sought to overturn a High Court judgment that convicted Naval Dubey, a medical graduate, only of outraging a woman's modesty under IPC s.354 and imposed a fine. The victim, an eight‑year‑old girl, testified that the accused stripped her, forced oral sex and slightly penetrated her vul…

M.R. Pratap, the Managing Director of Rayala Corporation Private Ltd., signed and verified the company's income‑tax return for AY 1965‑66, which was later found to be false. He was prosecuted under section 277 of the Income‑Tax Act for wilfully making a false verification. The appellant contended that the term "person"…

The Supreme Court examined appeals filed by promotees of the Indian Statistical Service challenging a seniority list that excluded periods of service in "ex-cadre" posts. The issue arose from the earlier judgment in Narender Chadha v. Union of India (1986), where the Court had directed that promotees be treated as regu…

In 1967 a large number of Delhi police constables, including the petitioner Bhoop Singh, were terminated for participating in a mass agitation. While many of those dismissed were later reinstated after filing writ petitions in the 1970s, Bhoop Singh waited 22 years before filing a petition before the Central Administra…

The Puri Urban Cooperative Bank engaged Madhusudan Sahu as an appraiser on a commission basis to weigh and assess gold ornaments pledged for loans, with his services terminable at any time. After about 19 months the bank terminated his engagement, and the Labour Court, on a government reference, set aside the terminati…

Central Coalfields Ltd. and other mining companies used dumpers and rockers within their lease‑hold areas. The State of Orissa demanded that these machines be registered under the Motor Vehicles Act, 1939 and taxed under the Bihar and Orissa Motor Vehicles Taxation Act, 1930 (and the Madras Vehicles Taxation Act, 1931)…

The Union of India appealed against the Judicial Commissioner of Goa, Daman and Diu, who had held that dumpers and shovels used solely within the owners' mining premises were outside the scope of the Motor Vehicles Taxation Act, 1965. The respondents, mining operators, had initially registered these machines as motor v…

Shree Chamundi Mopeds Ltd., a tenant of the Church of South India Trust, defaulted on rent and faced eviction under the Karnataka Rent Control Act. The company was also declared a sick industrial company by the Board of Industrial and Financial Reconstruction under the Sick Industrial Companies (Special Provisions) Act…

The Karnataka Education Department’s 1981 order allowed temporary appointments of teachers in private aided colleges for up to three months, with a one‑day break in service and a fixed salary ten rupees less than that of regular teachers. The petitioners, temporary teachers who had served for years with periodic breaks…

The Supreme Court examined a petition filed by H.S. Chowdhary, claiming to be a public‑interest litigant, seeking to quash a FIR and stop a letter rogatory to Switzerland in the Bofors scandal. The Court held that Chowdhary had no locus standi and that the petition did not fall within the definition of public‑interest …

Hindustan Construction Co. Ltd. entered into a bridge‑construction contract with the State of Jammu & Kashmir and, after disputes, the matter was referred to arbitration. The arbitrators awarded the contractor on several items, including full amounts on items 2 and 5 and interest on the total claim, but the Jammu & Kas…

Ansals Properties won the lease‑hold auction for a plot in Nehru Place but failed to pay the balance amount, leading the Delhi Development Authority (DDA) to renegotiate payment terms with interest at 18% per annum. The appellant submitted building plans, but the Central Government imposed a ban on multi‑storey constru…

Surjit Singh, a serving soldier, was charged along with his brothers and two others for criminal trespass, murder of the village Sarpanch, and grievous hurt. He claimed an alibi, asserting he left the village at 4 p.m. on the day of the crime and was traveling by train to his unit, and also argued that there was confus…

The case involved a trade‑union rivalry that culminated in the murder of Prathab Chandran, a union vice‑president, on 15 June 1972. Six accused, including A‑2 (Nadodi Jayaraman) and A‑3 (Dilli Bai), assaulted the victim with iron rods and pipes, causing multiple injuries; the head injury was fatal. The trial court conv…

The State of Uttar Pradesh appealed the acquittal of Dr. Ravindra Prakash Mittal, who was charged with murdering his second wife and attempting to conceal the crime by burning her body. The trial court had convicted him under Sections 302 and 201 of the IPC based on a chain of circumstantial evidence, but the Allahabad…

Smt. Chand Dhawan filed a criminal complaint alleging bigamy under Sections 494 and 109 IPC, claiming her husband Jawahar Lal had married another woman while their marriage subsisted. The Chief Judicial Magistrate took cognizance and issued summons against the husband, the second wife, and their parents. The husband mo…

In 1985 the Gujarat Government permitted the Chief Minister and other ministers to appoint persons on a purely contractual basis, co‑terminus with the ministers' tenure and without any right of absorption. Twelve such appointees were terminated in December 1989 when a new government came to power. They filed writ petit…

The case concerned the interpretation of Rule 6(2) of the Madhya Pradesh State Industries (Gazetted) Service Recruitment Rules, 1985, which stipulates that the number of persons recruited by promotion or transfer shall not exceed the percentage shown in Schedule II. The Directorate of Industries had 57 Deputy Director …

The case concerned the interpretation of the second proviso to Rule 4 of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Ministerial Service Rules, 1965, which dealt with the regularisation and seniority of Upper Division Clerks who had been temporarily promoted before 15 March 1965. The appellants, promoted …

The Enforcement Directorate seized Rs.4,28,713 in 1966 and recorded statements from appellants K.T.S. Mohammed and M. Jamal Mohammed under Section 39 of the Foreign Exchange Regulation Act (FERA). Both appellants later retracted those statements, claiming they were obtained under duress, and the Income‑Tax Officer reco…

Surinder Kumar's second wife, Sheema, died from severe burn injuries. Kumar and his son were convicted of murder under Sections 302 and 34 of the IPC and of cruelty under Section 498‑A, based primarily on a dying declaration recorded before a Judicial Magistrate, with a doctor's certificate that she was conscious. On a…

The assessee filed income‑tax returns for the assessment years 1964‑65, 1965‑66 and 1966‑67 well after the statutory due dates, resulting in penalties under section 271(1)(a) of the Income‑Tax Act, 1961. The Assessing Officer and the Appellate Assistant Commissioner upheld the penalties, but the Tribunal cancelled them…

The appellant was caught on 12 November 1990 with two gold pellets without a permit and a detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was issued on 7 January 1991 but served only on 28 June 1991. The appellant challenged the order, arguing …

The petitioner, a medical student, applied for revaluation of his answer books under Poona University Ordinance 134A. After the first revaluation, a committee recommended cancelling the results, and the University Executive Council ordered a fresh, second revaluation conducted outside the state. The petitioner challeng…

Sh. Bileshwarkhan Udyog Khedut Sahakari Mandali Ltd. challenged a levy imposed by the Gujarat Government under Section 58A of the Bombay Prohibition Act, which required licensees to pay the cost of excise staff for supervising the manufacture of industrial alcohol. The High Court upheld the levy as a fee within the Sta…

The petition, filed by Smt. Sarojini Ramaswami on behalf of her husband Justice V. Ramaswami, sought a mandamus directing the Inquiry Committee constituted under the Judges (Inquiry) Act, 1968 to furnish a copy of its report to the Judge before it was submitted to the Speaker of the Lok Sabha, alleging a violation of n…

The respondents, casual typists employed on daily wages by the Indian Railways, had their services terminated and filed writ petitions in the Madhya Pradesh High Court, which allowed them. The Union of India appealed, contending that under Section 14 of the Administrative Tribunals Act, 1985 the dispute fell within the…

In 1991 a motion signed by 108 Lok Sabha members to remove Justice V. Ramaswami was admitted by the Speaker, leading to the constitution of an Inquiry Committee under the Judges (Inquiry) Act, 1968. Two writ petitions (W.P. 140/1992 and W.P. 149/1992) were filed under Article 32 seeking to quash the motion, the committ…

The dispute arose over the appointment of a dealer for a fair price shop in Andhra Pradesh, where an advertisement gave preference to experienced, unemployed educated persons, ladies and handicapped individuals. The appellant, a commerce graduate with prior experience, was rejected in favor of a respondent who had only…

The case concerned an Income Tax Officer who was charged with misconduct for irregular assessment of a trust, leading to disciplinary proceedings initiated by the department. The officer applied to the Central Administrative Tribunal (CAT) for an interim stay of those proceedings, and the CAT granted the stay without h…

Roshan Lal Ahuja, a former Draftsman in the Ministry of Defence, repeatedly challenged his reduction in rank, loss of benefits and dismissal from service through numerous writ petitions, all of which were dismissed. After receiving a monetary award of Rs 30,000, he filed another petition using highly abusive and scanda…

The Supreme Court dismissed a joint writ petition filed by two British nationals, David Patrick Ward and Stephen Hillman, who were detained under Sections 3(1) and 3(2) of the National Security Act, 1980 by the Nagaland State Government for alleged involvement with Naga insurgents. The petitioners challenged the detent…

The State of J&K filed a writ petition under Article 226 for implementation of a decree that had been modified by a compromise. The High Court issued an ex‑parte interim order on 19‑03‑1990 directing the State to give 50% of the agreed timber upon a bond, and listed the matter for hearing in May 1990. Before the schedu…

The respondent, an Assistant Engineer in the Posts and Telegraphs Department, was compulsorily retired under Fundamental Rule 56(j) after a high‑powered committee found adverse confidential reports for the financial years 1970‑71 and 1971‑72, indicating a decline in his work standards. He challenged the retirement in t…

The State of Andhra Pradesh prosecuted Y. Basavadevudu and S. Subha Rao for embezzling Rs.1,22,500 by falsifying entries related to fake RBI demand drafts in a Sub‑Treasury. The trial court found the accused and an approver guilty under IPC sections 409, 467, 471 and 477‑A, but the High Court acquitted them, holding th…

B. Hanumantha Rao, an Excise Sub‑Inspector, was charged with accepting Rs 50,000 as illegal gratification from an arrack contractor. He claimed the money was rent arrears that the contractor could not deposit because the bank was closed, and he refused to keep the cash. The prosecution conducted a trap, recovered the m…

The plaintiff, a Goan shipping company, sued the owners of the foreign vessel M.V. Elisabeth for conversion of cargo after the ship left Marmagao without the required bills of lading and delivered the goods abroad against the plaintiff's instructions. The Andhra Pradesh High Court arrested the vessel in Vishakhapatnam …

R. Tamilmani applied for appointment to the Indian Administrative Service (IAS) for the 1990 vacancy, being interviewed by a five‑member Selection Committee of the Union Public Service Commission. Three members rated him "outstanding" and two "very good", but the Committee refused to recommend his name, claiming there …

The appellant obtained an import licence and sought to clear a consignment of cloves by invoking Item 169 of List 8, which pertains to "Drugs/Drug intermediates not elsewhere specified". The Customs Department contended that cloves fall under Para 167 of Chapter XIII of the Import and Export Policy 1990-93, which class…

The appellants, Jeet Singh (who had two wives) and his first wife Mayawati, challenged the inclusion of two plots transferred to Mayawati in Jeet Singh's land holding under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, arguing that Mayawati was a "judicially separated" wife and therefore the land should be…

The family of the deceased declarant owned 20.46 acres, of which 8 acres were exempt, leaving a surplus of 0.46 acres under the ceiling limit of 12 acres. The Kerala High Court held that voluntary transfers made between 1963 and the material date of 1 June 1970 should be excluded from the declarant's land for ceiling‑a…

Shyam Singh obtained a Rs 34,000 loan from the State Bank of India for a tractor, mortgaging 22 acres of land. After defaulting, the bank invoked Section 10‑B of the U.P. Agricultural Credit Act, 1973 and the Tehsildar attached the tractor, whose estimated value exceeded the debt. Later, under Section 11‑A of the same …

The respondents, Ayurvedic compounders employed by the Himachal Pradesh Health Department, sought promotion to Ayurvedic Chikitsa Adhikari (Vaidya) on the basis of diplomas/degrees obtained from Hindi Sahitya Sammelan (H.S.S.) in 1974. The State and existing Vaidyas argued that only qualifications listed in the Second …

Bharat Heavy Electricals Ltd (BHEL) imported pressure gauges for steam turbines and paid basic customs duty of 40% under heading 90.24 and an auxiliary duty of 5%. BHEL claimed a refund of the auxiliary duty, invoking Notification No. 35/79 (exemption for parts of articles falling under heading 84.04/05) and Notificati…

After the abolition of the Central Government's Food Department, its employees were transferred to the Food Corporation of India (FCI). The FCI, exercising powers under Section 45 of the Food Corporation Act, 1964, issued a circular on 15 May 1975 governing the regularisation of ad‑hoc promotions for both transferred e…

The Supreme Court considered two appeals arising from a dispute over a flat leased by Khandesh Spinning and Weaving Mills Ltd., which had gone into liquidation. The appellant, Smt. Nirmala R. Bafna, claimed a sub‑tenancy created in 1979 with the landlord’s oral consent and sought protection under the Bombay Rent Contro…

The State of Orissa contracted B.N. Agarwala to construct an irrigation project. After completion, Agarwala claimed extra work payments, and the dispute was referred to the Superintending Engineer, who acted as sole arbitrator and awarded Rs.1,59,298, including Rs.61,086.61 as interest for the period from 10‑Oct‑1969 t…

The workmen of several Bombay textile mills went on strike in January 1982, after which the Textile Undertakings (Taking Over of Management) Act, 1983 was enacted and the management of the mills was taken over by the National Textile Corporation Limited (NTC) on 10 February 1984. The central issue was whether the takeo…

Ram Parkash Makkar was appointed as a Steno‑Typist in the Haryana Civil Secretariat in 1973 and was placed at the disposal of the Directorate of Local Bodies as an Assistant on 8 January 1986 on a transfer basis, with a one‑year probation and a clause that the appointment was temporary and he could be reverted to his p…

The appellant S.B. Dogra, a former Indian Army officer, was appointed to the Himachal Pradesh Police Service under the Demobilised Armed Forces Personnel (Reservation of Vacancies) Rules, 1972 and was given seniority based on a notional entry date of 1964 as per Rule 5(1). Respondent D.S. Amist challenged this seniorit…

The State of Tamil Nadu, under the Tamil Nadu Essential Articles Control and Requisitioning Act, 1949, declared timber an essential article and issued the Tamil Nadu Timber (Movement Control) Order, 1982 which allowed transport of timber outside the State only on a permit. In September 1983 the State amended the Order,…

The appellants, owners of tea, rubber and cardamom estates in Kerala, sought exemption under Section 2(f)(1)(i)(B) of the Kerala Private Forests (Vesting and Assignment) Act, 1971 for lands used to grow fire‑wood trees for fuel in estate factories, smoke‑houses and for workers' domestic use. The Kerala High Court held …

The appellant, Akhara Brahm Butha, entered into a compromise with the Improvement Trust, with the State of Punjab also a party, to exclude 12 kanals of land from a town‑improvement scheme and to receive compensation for the remaining land at a fixed rate. Although the collector awarded compensation based on the agreeme…

The Andhra Pradesh State Road Transport Corporation issued a draft scheme to nationalise an intra‑state route, excluding private operators except for those saved by a Note. G.T. Venkataswamy Reddy, who operated an inter‑state stage‑carriage service overlapping the notified route, objected and the draft scheme was appro…

The Supreme Court examined whether the income of Ganga Bai Charities, a trust that owned a building let out as a marriage hall and operated a printing press, qualified for exemption under Section 11(l)(a) of the Income Tax Act, 1961. The trust argued that its income was wholly applied to religious, charitable, cultural…

Ram Singh, a gunman in the Punjab Police, was dismissed after being found heavily drunk on duty, roaming the bus stand with his service revolver and abusing a medical officer. He challenged the dismissal, claiming it violated natural justice and that the conduct did not amount to "gravest misconduct" under Rule 16.2(1)…

J.N. Kaul, elected president of the Zilla Parishad, Lucknow, was removed after a no‑confidence motion was passed. Kaul challenged the validity of the motion, arguing that two nominated members were disqualified as they held offices of profit and that the phrase "for the time being" in Section 28(11) of the U.P. Kehhetr…

Bajaj Tempo Ltd. was incorporated to exploit a government licence for manufacturing tempo vehicles and took over a factory of its promoter corporation, occupying the premises on lease and receiving tools worth Rs.3,500. The company claimed a partial exemption from tax under Section 15C of the Income Tax Act, 1922, asse…

The University Grants Commission (UGC) Scheme of 1986 prescribed a superannuation age of 60 years for university teachers. The Government of Kerala adopted most provisions of the Scheme, including revised pay scales, but expressly retained a retirement age of 55 years for its teachers. A group of teachers filed petitio…

Anita Laxmi Narayan Singh married Laxmi Narain Singh in 1987. The husband filed a divorce petition under Section 13 of the Hindu Marriage Act in Bombay. The wife, residing in Ghaziabad, had to travel long distances to defend herself and applied for interim maintenance and travel expenses. The Supreme Court directed the…

The Ahmedabad Municipal Corporation (AMC) framed a scheme to remove foot‑path hawkers whose mushrooming presence was obstructing traffic and public amenities. The High Court, following Supreme Court precedents, approved the scheme with certain modifications. Four small traders, covered by the scheme, filed a suit in th…

The case arose from an eviction suit filed by Shashi Srivastava, who, along with her sister Sarojini Sinha, succeeded to a property after their father's death. Shashi, acting as the manager of the house, had inducted Harpal Singh Chauhan as tenant; later his wife Kamla Chauhan claimed tenancy and deposited rent under S…

The respondent, Dr. Indra Pratap Singh, applied for promotion under the University Grants Commission's Merit Promotion Scheme, which requires eight years of continuous service, at least four years in the appointing university. The University rejected his claim, arguing a three‑month break in service (April‑July 1980) a…

Sarojini Tea Co. Ltd., a tea plantation, had 1,650 bighas of land declared excess under the Assam Fixation of Ceiling on Land Holdings Act, 1956 and was awarded compensation of Rs.71,811 calculated on the "full rate of annual land revenue" but excluding surcharge and local rates. The District Judge enhanced the compens…

Dr. Pandurang Godwalkar was appointed as a lecturer on a one‑year probation and his services were terminated before the probation ended. He claimed the termination was in fact a dismissal for misconduct and that a departmental inquiry should have been held. The High Court held that the termination amounted to removal a…

The landlord, a retired university comptroller, claimed status as a "specified landlord" under the East Punjab Urban Rent Restriction Act and obtained a decree for eviction of the tenant. The High Court accepted this claim and granted the landlord one month to take possession, subject to the tenant filing an undertakin…

The dispute concerned the promotion of Capt. K.C. Shukla to the post of Deputy Operations Manager in Indian Airlines, a position filled by a selection process prescribed in the corporation's Promotion and Recruitment Rules (50% Annual Confidential Reports and 50% interview, later reduced to 40%). The Delhi High Court h…

The landlord sought eviction of the tenant under section 13(3)(a)(iii) of the East Punjab Urban Rent Restriction Act, 1949, alleging the premises were unsafe and required reconstruction. The Rent Controller ordered eviction, but the District Court reversed, finding that the tenant had replaced the fallen roof, renderin…

The Supreme Court examined amendments to the Tamil Nadu Chit Fund Rules, 1964 that raised the registration fee for chit‑fund bye‑laws (Article 1) and introduced a fee for filing audited balance‑sheets (Article 8‑A). The respondents argued that the fees were disproportionately high, lacked a quid‑pro‑quo relationship wi…

The dispute involved about 20 acres of agricultural land owned by Trimbak Bhikaji Patil (respondent) and cultivated by Pundlik Krishna, Keshao Krishna and Zipra Wanchhu (appellants) since 1951, who claimed protected‑lessee status under the Berar Regulation of Agricultural Leases Act, 1951 and the Bombay Tenancy and Agr…

The Supreme Court examined whether arrears of wages payable to workmen as a result of an award under the Industrial Disputes Act, which revised pay‑scales retrospectively to 1 April 1980, fall within the definition of “basic wages” under Section 2(b) of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1…

Indian Bank sued K. Nataraja Pillai, his wife and son to recover Rs.1,21,006.98 secured by a promissory note, hypothecation deeds and an equitable mortgage. The defendants denied execution of the note and guarantee agreement, alleging fraud, undue influence and, in the son’s case, minority. The trial court held the not…

The dispute arose from a family partnership that was dissolved by a deed of dissolution, leading to three civil suits over the division of assets and liabilities of two factories. The parties agreed to refer all issues, including valuation of land, raw materials, liabilities, alleged falsification of accounts, arithmet…

Escorts Ltd. and other assessees challenged the Finance (No.2) Act, 1980 amendment that gave retrospective effect to clause (iv) of Section 35(2) of the Income‑Tax Act, 1961, arguing it allowed a double deduction for scientific‑research expenditure and violated Articles 14, 19(1)(g) and 300A of the Constitution. The Co…

The Supreme Court examined the constitutional validity of purchase‑tax provisions in three State sales‑tax statutes: Section 15B of the Gujarat Sales Tax Act, Section 3‑AAAA of the Uttar Pradesh Sales Tax Act, and Section 6‑A of the Andhra Pradesh General Sales Tax Act. The petitioners argued that these provisions amou…

The Supreme Court examined a series of civil appeals arising from writ petitions filed by country‑liquor licencees in Rajasthan who challenged demand notices for deficit amounts under the Rajasthan Excise Act, 1950. The licencees alleged that they could not draw the guaranteed quantity of liquor because the State faile…

The dispute concerned the lease of 40 acres of limestone slab in Kurnool district under the Andhra Pradesh Minor Mineral Concession Rules, 1966. The original lessee applied for renewal but withdrew, after which his son applied for 18 acres and the appellant labour cooperative society applied for the whole 40 acres; bot…

The petitioners, Life Insurance Corporation of India (LIC) and Doordarshan, appealed against High Court orders directing LIC to publish a rejoinder to a criticism of its premium policy in its magazine and directing Doordarshan to telecast a documentary on the Bhopal gas disaster. The issues were whether a State‑owned c…

The appellants appealed against a civil suit for possession of a plot in Varanasi, contending that the land was agricultural and thus fell within the U.P. Zamindari Abolition and Land Reforms Act, 1950. The respondents argued that the land was "abadi" (non‑agricultural) and that the civil court lacked jurisdiction to d…

Dr. A.K. Sabhapathy challenged Kerala's use of the first proviso in Section 38 of the Travancore‑Cochin Medical Practitioners' Act, 1953, which allowed the State to exempt certain persons from the registration requirements for practising modern (allopathic) medicine. The State had issued notifications (May 4 1977, Sept…

The Supreme Court examined a dispute over 19 Bighas 8 Biswas of agricultural land originally granted by maufi to a temple in former Gwalior State. After the maufi grant was revoked, the land became Aukaf property and was managed by the temple's Pujari, who was only a manager under a Parwana issued pursuant to Section 1…

The appellant, an advocate practising in Bombay, was alleged to have participated in a fraudulent loan scheme by misrepresenting himself as a financier and inducing the complainant to pay large sums for legal and other expenses, after which the loan was never disbursed. The State Bar Council of Maharashtra, and subsequ…

Shrimant Padmaraje R. Kadambande, a descendant of the former ruler of Kolhapur, received a monthly cash allowance that was discontinued after the State of Kolhapur merged with Bombay under the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955. The Act abolished such alienations, but Section 15(1)(…

The case concerned the inter‑se seniority of supervisors who were upgraded to Junior Engineers after obtaining engineering degrees and of engineers directly recruited as Junior Engineers in the Andhra Pradesh Engineering Subordinate Service. The State and the upgraded supervisors challenged an Andhra Pradesh Administra…

Chandra Mohan Tiwari and Ram Pal Singh Sengar were convicted of murder after the Madhya Pradesh High Court set aside a trial court acquittal. They appealed to the Supreme Court under Section 379 of the CrPC and Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, challenging the…

Dr. Snehelata Patnaik and others filed a writ petition seeking that doctors who have served in rural areas be given preference in admission to postgraduate medical courses. The Supreme Court dismissed the petition and the special leave petitions but, taking judicial notice of the shortage of qualified doctors in rural …

The dispute arose over a proposed drain through the fields of the complainant, Baghel Singh, leading to a violent clash between his party and that of Swaran Singh and his brothers. During the altercation, Swaran Singh, armed with a rifle, fired two shots that killed Kandhara Singh and Darbara Singh, while his brothers …

The landlord filed an eviction suit in June 1977 against a tenant after serving a notice under Section 106 of the Transfer of Property Act. The house was constructed in August 1968, and the landlord argued that the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 did not apply because the Act e…

The petitioners, students admitted to a medical college not recognised by the Medical Council of India (MCI), sought migration to a recognised college after passing the first MBBS examination. The Director of Medical Education refused, citing a condition that only students from recognised colleges are eligible for migr…

Shamkant Narayan Deshpande, a diploma‑holder Executive Engineer, was denied promotion to Superintending Engineer because a 1988 resolution of the Maharashtra Industrial Development Corporation reserved 75% of such posts for degree‑holding engineers and 25% for diploma‑holders. He challenged the resolution as discrimina…

Arvind Mills Ltd., a textile mill, paid betterment charges under the Bombay Town Planning Act, 1954 as part of a town‑planning scheme and claimed a deduction under Section 37 of the Income Tax Act, 1961, arguing that the payment was a revenue expense. The Income Tax Officer disallowed the deduction; the Appellate Assis…

Dr. L.P. Agarwal was appointed Director of AIIMS for a five‑year term or until he turned 62, whichever came first, and was confirmed in the post in February 1980. In November 1980 the Institute‑Body retired him immediately in the public interest, paying three months' salary in lieu of notice. He challenged the retireme…

Lakshmanaiah was charged with murdering his wife Nagarathnamma and with theft of his mother‑in‑law's property. The prosecution relied on circumstantial evidence showing a motive of money, prior maltreatment of the wife, and that the accused sent the mother‑in‑law, her daughter and a relative out of the house, leaving h…

The State of Tamil Nadu issued a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against Sheik Ahamed Hajee on 8 March 1988. The detenu challenged the order in the Calcutta High Court on 5 April 1989, obtaining an interim injunction that was later vacated on 1…

In Mani Ram & Anr. v. Hari Singh & Ors., the Supreme Court examined applications filed under Order 22 Rules 3 and 9 of the Code of Civil Procedure, read with Section 151, seeking to bring the legal representatives of a deceased appellant on record in a regular second appeal. The Punjab & Haryana High Court had dismisse…

Rajinder Singh was charged with murder under Section 302 IPC and illegal use of a pistol under Section 27 of the Arms Act for allegedly shooting Chamkaur Singh, who later died of injuries. The prosecution relied on two eye‑witnesses (Harbans Singh and Hakam Singh) and two dying declarations of the deceased, one recorde…

The incident occurred on 10 November 1979 when Wazir Singh, armed with a kulhari, and his accomplices Darbara Singh and Dalip Singh attacked Sadha Singh, inflicting a fatal incised wound and multiple blunt injuries. The trial court convicted all three under Section 302/34 IPC and sentenced them to life imprisonment, wh…

Lilasons Breweries (Pvt.) Ltd. obtained licences to operate a brewery in Madhya Pradesh and was required to pay, under Rule 22 of the Madhya Pradesh Brewery Rules, 1970, any excess of the officers' pay beyond five per cent of the excise duty levied on its beer. The brewery challenged the demand, and the Madhya Pradesh …

The case concerned a dacoity that occurred on the night of 5-6 April 1970 at the house of Dhaniram Singh (PW‑11) in Awadhiya village. The prosecution alleged that five of the accused, including Munni Singh, participated in the robbery and murder of the victim's uncle. Four sets of eyewitnesses were produced, but three …

The Punjab government acquired about 50 acres of land for the Food Corporation of India (FCI) and the District Collector awarded Rs.30,000 per acre. Both the landowners and FCI sought references under Section 18 of the Land Acquisition Act, 1894; the reference court barred FCI’s reference but fixed compensation at Rs.1…

K.M. Singh, a finance officer of the Association of Indian Universities, sued to declare that his resignation was obtained by fraud, coercion and duress. He offered that if two officials of the respondent took a special oath in a Gurudwara and a temple stating the resignation was not extracted under duress, the relevan…

Harpreet Kaur, the wife of Harvinder Singh, challenged the detention of her husband under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act, 1981. The husband had been involved in bootlegging, threatened police, attempted to run them over, injured a pedestrian and escap…

N.M. Parthasarathy, a former Inspector of Industries, and another Inspector were charged with criminal conspiracy to obtain a Small Scale Industries Registration Certificate, Essentiality Certificate and import licences by making false representations. The trial court acquitted them, but the Madras High Court, after re…

Mahindra Engineering & Chemical Products Ltd manufactured tubular arc chamber housings from glass fabric, which in turn is made from mineral (glass) fibre. The issue was whether these housings were liable to duty under Central Excise Tariff Item 22F(4) ("Mineral fibres and yarn and manufacturers thereof") or under the …

Pradumansinh Kalubha was accused of stabbing Harijan painter Keshav Uka after a collision at Piplawala Chowk, leading to Uka's death. The trial court acquitted Kalubha, finding the prosecution story implausible, but the Gujarat High Court reversed the acquittal, convicting him under IPC Section 304 Part II and sentenci…

The Union of India and the Collector of Customs appealed against a Bombay High Court order that allowed the exporter S.R. Dugar to re‑export four consignments of raw silk yarn. The silk had been imported by Ms. Renu Pahilaj under an advance import licence that was later cancelled. The licence required the silk to be us…

The case concerned the powers of the Deputy Commissioner under the Karnataka Zila Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 to specify and later change the headquarter of a Mandal. The Deputy Commissioner initially fixed the headquarter at Mudiyannur, later altered it to Utha…

The case concerned the inter‑se seniority of direct‑recruit Indian Police Service (IPS) officers and promotee officers from the Uttar Pradesh State Police Service who had been temporarily appointed to cadre posts. The promotees claimed that their continuous officiation from the date of their promotion should be counted…

The Union created 35 floating/common super‑time grade posts in the Central Health Service and, through the UPSC, prescribed a selection process involving a Departmental Promotion Committee (DPC) and an eligibility list. Dr. P. Rajaram (respondent No.1) challenged his lower ranking, alleging that promotions were made so…

Paras Ram was arrested on suspicion while carrying an unlicensed 12‑bore country‑made pistol. Although initially charged under Section 25 of the Arms Act, the case was transferred to a Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and he was convicted under Section 5 of TA…

The Indian Oil Corporation (IOC) operated a depot within the limits of the Municipal Corporation of Jullundhar and transported petroleum products to dealers outside those limits. The Municipal Corporation levied octroi under Section 113 of the Punjab Municipal Corporation Act, 1976, which the IOC contested, arguing tha…

Ramco Cement Distribution Co. Pvt. Ltd. and other cement dealers were assessed for sales tax on a turnover that included freight, packing charges, and excise duty on packing material for the year 1969-70. The dealers argued that these amounts should be excluded from taxable turnover for both the Central Sales Tax Act, …

The firm P.V. Mohammad Barmay Sons owned three vessels and, without Reserve Bank of India permission, purchased and fitted foreign engines, contravening Sections 5(1)(a) and (b) of the Foreign Exchange Regulation Act, 1947. A raid in 1974 led to a notice, show‑cause proceedings and a penalty of Rs 50,000 imposed under …

The Supreme Court decided two matters. In Punjab National Bank & Ors. v. Surendra Prasad Sinha, the Court held that Section 3 of the Limitation Act bars only the remedy, not the underlying right to a debt, and that the bank's adjustment of a fixed‑deposit security to satisfy the principal debtor's liability was a contr…

The West Bengal Registration Service’s Sub‑Registrars, although gazetted and placed in the State Service, were paid on a scale lower than the minimum State Service scale (scale No.17). They challenged the State Government’s refusal to upgrade their pay, arguing that the denial violated Articles 14 and 16 of the Constit…

Kailash Chand Mahajan, a retired chief engineer, was appointed Chairman of the Himachal Pradesh State Electricity Board in 1981 and his term was repeatedly extended. After he turned 65, the State introduced an ordinance and later an amendment act inserting an age‑limit provision into Section 5(6) of the Electricity (Su…

Sat Pal alias Sadhu, convicted under Section 302 IPC and sentenced to life imprisonment in 1978, filed a writ petition claiming his continued detention was illegal because he had served more than 14 years (including remission) and thus his sentence should be deemed commuted under Section 55 of the IPC or Section 433(b)…

The dispute involved a house in Delhi where the owner, Usha Rani Rajgaria, claimed that the appellants, Mohan Pandey and another, had illegally taken possession of part of the property and were trespassing. While a civil suit for eviction was already pending, the owner filed a writ petition under Article 226 of the Con…

Cochin Shipping Co., a company engaged in stevedoring, clearing and forwarding at Cochin Port, received a notice under the Employees' State Insurance Act, 1948 to pay contributions. The company contended that the Kerala Government's notification extending the Act to "shops" did not apply to it, arguing that a "shop" is…

The victim Rita was allegedly burnt alive by her husband Om Parkash, his parents Sheela Wanti and Rup Lal, and other relatives after they demanded dowry. Rita gave a detailed statement to the investigating officer after doctors confirmed she was conscious, which was later treated as a dying declaration. The trial court…

Tej Singh Rao, a descendant of a Maratha general, held 294.61 acres in the former Nagpur State and claimed that the land was covered by a sovereign grant made by the ruler Raghoji II in 1793, which he argued was a legislative act protected by Article 372 of the Constitution and therefore exempt from the Maharashtra Agr…

The Andhra Pradesh State Road Transport Corporation (APSRTC) drafted about 70 schemes in 1977 to nationalise bus routes, excluding private operators. After objections, a new government in 1983 had the Transport Minister approve the schemes, which the High Court later quashed on grounds of alleged bias and corruption. F…

Thermax Private Ltd imported chillers and paid customs duty and counter‑valing duty (CVD) but later claimed exemption from the CVD under Section 3(1) of the Customs Tariff Act, 1975, relying on notifications issued under Section 8 of the Central Excises & Salt Act, 1944. The Collector of Customs allowed one of Thermax'…

Baikuntha Nath Das, a pharmacist appointed in 1951, was compulsorily retired in 1976 under the first proviso to Rule 71(a) of the Orissa Service Code, which corresponds to Fundamental Rule 56(j). He challenged the order, alleging that adverse remarks in his confidential character rolls were never communicated, that he …

The Supreme Court, hearing a public‑interest writ filed by Banwasi Seva Ashram on behalf of Adivasi land‑owners displaced by the Rihand Super‑Thermal Power Project of NTPC, reviewed the rehabilitation measures ordered in 1986 and issued a final order in 1992. The Court directed NTPC, in collaboration with the Uttar Pra…

Pritam Pal, a practising advocate, filed a writ petition for service benefits which was dismissed by the Madhya Pradesh High Court. Dissatisfied, he filed a contempt petition alleging libellous and scandalising remarks by two High Court judges who had dismissed his petition. The High Court took cognizance, held him gui…

PEFCO Foundry Chemicals Ltd manufactured cylinder liners by casting iron and then machining and honing them before delivering the goods to Indian Railways. The Central Excise authorities treated the liners, at the time of supply, as fully machined machine parts liable to duty under Entry 68, while the appellant argued …

Petitioners, comprising 16 MLAs and 3 MPs, filed a writ petition under Article 226 seeking a CBI investigation into alleged corruption by Minister Bhajan Lal and the setting aside of a magistrate's order of discharge. The High Court dismissed the petition without addressing the petitioners' locus standi, prompting a Sp…

The DIG of Police, S.A. Khan, filed a contempt petition seeking suo moto proceedings against Chief Minister Ch. Bhajan Lal, alleging that a press statement made by the latter interfered with pending corruption proceedings before the Supreme Court. The petition also contained interlocutory applications for punishment, s…

Deputy Inspector General of Police S.A. Khan was suspended by the Haryana Government on 5 July 1991, a suspension later confirmed by the Central Government under the All India Services (Discipline and Appeals) Rules, 1969. Khan alleged that the suspension was mala fide, intended to protect Chief Minister Bhajan Lal fro…

The respondents challenged the appointment of the appellants as Junior Engineers, arguing that the appellants were not qualified at the time of filing their applications because their B.E. (Civil) results were declared after the last date for submission. The High Court initially dismissed the challenge, but the Divisio…

J. Chandrasekhara Rao challenged the election of V. Jagapathi Rao, who won by 427 votes, on the ground that the nomination of a second candidate, who was under 25 and thus ineligible, had been improperly accepted. The petitioner argued that the 9,568 votes obtained by the ineligible candidate (more than 22 times the ma…

The parties entered into an agreement on 26‑August‑1971 for the sale of a free‑hold house for Rs.1,78,000, with Rs.30,000 earnest money and a further Rs.98,000 payable within ten days. The vendor claimed that the ten‑day payment was the essence of the contract and, when the buyer failed to pay, declared the agreement v…

The appellants, members of the Haryana Civil Service, sought appointment through a special recruitment process initiated under Rule 5 of the Punjab Civil Services (Executive Branch) Rules, 1930. The State Government first issued notifications on 20 December 1990 and 25 January 1991 specifying eligibility criteria, but …

The Calcutta Steel Co. (CSC) obtained a licence to import steel billets and, to reduce the end‑user's financial burden, opened an irrevocable Letter of Credit directly with the foreign supplier, though the name of the canalising agency MMTC was shown for exchange‑control purposes. Bills of exchange were drawn on "MMTC …

The assessee concealed income of minor children and the Income‑Tax Officer referred the case to the Inspecting Assistant Commissioner (IAC) under Section 274(2) of the Income‑Tax Act because the minimum penalty exceeded Rs 1,000. The reference was made before the amendment of Section 274(2) which, from 1 April 1971, re…

The Junior Telecom Officers Forum (JTOF) filed a writ petition, special leave petitions and a transfer petition before the Supreme Court challenging the mode of promotion and seniority fixation for Telecom Engineering Service (Group B) officers, contending that promotions should be based on the year of recruitment rath…

During the tenure of the depot manager, Uma Shankar, a shortage of coal was discovered and the Bihar State Co‑operative Marketing Union Ltd. claimed loss against him. The dispute was referred to the Assistant Registrar under Section 48 of the Bihar and Orissa Cooperative Societies Act, 1935, which initially absolved th…

The Supreme Court considered two appeals by the Commissioner of Sales Tax challenging set‑off claims made by Bharat Petroleum Corporation Ltd. (an oil refinery) and Phulgaon Cotton Mills Ltd. Both assessees had paid sales tax on raw materials—sulphuric acid and raw cotton—used in manufacturing processes that produced b…

In 1988, 105 workers were appointed as casual labourers in the Construction Division of Northern Railway and were terminated by an oral order after about 143 days of service. They claimed that having worked continuously for more than 120 days, they were entitled to the status of temporary Railway servants under Chapter…

The Andhra Pradesh Government, under sections 68‑C, 68‑D and 68‑E of the Motor Vehicles Act, 1939, approved a draft nationalisation scheme for the Anantapur‑Dharmavaram route, exempting four specific routes from the scheme. Two private operators (respondents) challenged the exemption, alleging discrimination and a viol…

The petitioners, low‑income employees of the Delhi Electricity Supply Undertaking (DESU), occupied residential quarters built under the 1954 Low Income Housing Scheme and paid rent. They filed writ petitions seeking transfer of ownership of the quarters, relying on the scheme, a municipal resolution (No. 868 of 1970) t…

The Supreme Court examined the Union of India's and CBI's challenge to a Delhi High Court order that quashed the FIR registered against W.N. Chadha in the Bofors scandal and set aside the letters rogatory issued to Swiss authorities. The Court held that the FIR disclosed a prima facie offence and that the High Court ha…

The case concerned two employees of the Himachal Pradesh State Electricity Board, Shri D.R. Mehta and Shri Uppal, who were promoted to the post of Superintendent after passing the Subordinate Accounts Service (SAS) examination. Mehta passed the exam in October 1972 and was appointed in April 1973, while Uppal passed in…

St. Joseph Textiles booked a consignment of hand‑loom cloth for carriage by the Indian Railways and sent the parcel way‑bill and a bank demand draft to the bank for clearance. The bank returned the documents, and the appellant wrote to the destination station master requesting re‑booking of the goods, but received no r…

The appellant, a user of steel products, applied to the Steel Authority of India Limited (SAIL) for imported G.P. sheets/coils. After registering a demand and opening letters of credit, SAIL offered supplies at a price that was later increased by Rs. 800 per metric ton following a decision of the Government’s Pricing C…

The petitioners, Atlas Cycle Industries Ltd. and another, challenged the levy of octroi on their factories after the Sonepat municipal limits were extended, arguing that Section 5(4) of the Punjab Municipal Act, 1911 (as amended) was unconstitutional for denying them a right of representation and for its retrospective …

The Supreme Court examined appeals by Gannon Dunkerley Co. and other contractors challenging the Rajasthan Sales Tax Act, 1954 and its rules which imposed tax on the transfer of property in goods used in works contracts. The Court held that Section 5(3) of the Act and sub‑rule (i) of Rule 29 of the Rajasthan Sales Tax …

The petitioner C.B. Gautam sought to purchase a lease‑hold plot in Delhi, but the Income Tax authority ordered its compulsory purchase by the Central Government under Section 269UD of the Income‑Tax Act, 1961, without giving any reasons or a chance to be heard. The Supreme Court examined whether Chapter XX‑C of the Act…

The Leader of Opposition filed a writ petition challenging alleged irregularities in a lottery run by the Churhat Children Welfare Society, leading the Madhya Pradesh Government to appoint a commission of enquiry under the Commissions of Enquiry Act, 1952. While the commission was pending, the State issued a second not…

The appellants, tenants of a three‑storeyed building, continued to occupy the premises after the owner sold it to the respondents. The Central Government, under Chapter XX‑A of the Income Tax Act, 1961, initiated acquisition proceedings, issued notices to the tenants, and eventually ordered acquisition, directing the t…

The appellant dispatched marble slabs by rail, which were damaged in an accident, and filed a claim for Rs.1,05,000 before the Railway Claims Tribunal. The Tribunal required a filing fee of Rs.2,055 under Section 16(2) of the Railway Claims Tribunal Act, 1987, but the appellant could not pay and requested to be treated…

The Union of India appealed against a bail order granted to Mohd. Sadiq Rather under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). The charge‑sheet, deemed a police report under Section 173(2) of the Code of Criminal Procedure (CrPC), had been filed with the Designated Court at Jammu, but the b…

The Builders' Association of India, an association of contractors, challenged the Karnataka Sales Tax Act, 1957, specifically Explanation 3(c) to Section 2(t) and Section 5‑B with the Sixth Schedule, alleging that they converted inter‑state sales into intra‑state sales and imposed tax on the value of works contracts in…

Two election petitions were filed challenging the election of Dr. Shanker Dayal Sharma as President of India. Petition 1, filed by Mithilesh Kumar Sinha, claimed his nomination was wrongly rejected for not having the required ten proposers and ten seconders and argued that the signatures of common electors should remai…

The plaintiff purchased the equity of redemption of a mortgaged property and sued for redemption. The defendant, an assignee of the mortgagee, claimed protection under Section 4(A) of the Kerala Land Reforms Act, 1964, asserting that he was a deemed tenant because he had possessed the land for over fifty years before t…

The case concerned the allotment of Nazul land by the Delhi Development Authority (DDA) to cooperative group housing societies. The societies argued that the rule "first come first served" in Rule 6(vi) of the 1981 Nazul Rules meant seniority based on the date of registration, not the date of approval of members’ lists…

Sun Engineering Works filed loss returns for assessment years 1960-61 and 1961-62 after the statutory time limit; the Income Tax Officer treated the returns as "no demand" and did not allow the losses. The assessee later disclosed Hundi loans, which the Officer treated as escaped income and, under sections 147 and 148,…

The landlord, Dr. Radhyshyam, sought eviction of the tenants Mangalbhai and others under Clause 13(3)(ii) and (vi) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949, alleging habitual rent arrears and a bona‑fide need for the premises. The Rent Controller and Resident Deputy Collector rejected the ap…

The appellant, a plaintiff in a suit that was tried together with another suit and dismissed by a common judgment, filed an appeal in the High Court accompanied by a printed copy of the judgment but not a certified copy. He argued that the time taken by the other plaintiffs to obtain a certified copy of the judgment sh…

Gujchem Distillers India Ltd, a manufacturer of industrial alcohol, was required under a licence to pay supervisory charges to a staff appointed by the Gujarat State under Section 58(A) of the Bombay Prohibition Act, 1949. The company challenged the constitutional validity of that provision, arguing that the State had …

M.L. Kamra, a Divisional Manager, was transferred to New India Assurance Co. Ltd. after the nationalisation of general insurance under the General Insurance (Emergency Provisions) Ordinance, 1971 and the General Insurance Act, 1972. He was suspended in 1973 pending an embezzlement investigation and, while the investiga…

The landlords filed a suit for possession under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The dispute centered on whether a notice dated 7‑8‑1980, sent by registered post to the tenant company, was validly served under Section 106 of the Transfer of Property Act, and whether the tenants were in…

Ram Naresh Tripathi, a workman, was charge‑sheeted for misconduct and sought to be represented at his domestic enquiry by Talraja, an office‑bearer of a Mazdoor Union to which he belonged. The enquiry officer refused, stating that Talraja was not a member of a recognised or unrecognised union operating in the company a…

The appellant, a landlady, sought eviction of the tenant on grounds of rent arrears and a claim to demolish the shed. After the Rent Controller ordered eviction only on rent default, the landlady obtained a reversal of the bona fide need finding on appeal, prompting the tenant to file revisions under Section 20 of the …

The case challenged the Office Memorandums of 1990 and 1991 providing 27% reservation for Socially and Educationally Backward Classes (SEBCs) and 10% for economically backward sections in central government services. The Supreme Court, in a 9-judge bench decision, settled the legal position on reservations under Articl…

The National Federation of State NFC (Physical Education) Teachers' Association filed a writ petition under Article 32 alleging that Junior Grade I N.F.C. instructors were erroneously placed on the pay scale of primary school teachers instead of the higher scale applicable to secondary school teachers. The Union of Ind…

Vinod Bhalla and his mother-in-law Sarojini were charged with the homicide of Rajini, the wife of Vinod, under sections 302 and 34 of the IPC, alleged to be a dowry death. The trial court convicted them, but the High Court acquitted both of the murder charge, convicting only Sarojini under section 201 for destroying ev…

The appellants, Pine Chemical, imported gum rosin and declared it as 'OFF' grade with a CIF value of US$410 per tonne. Laboratory tests and intelligence reports later established that the actual grade was 'WG', a higher quality with a CIF value of US$465 per tonne, constituting a misdeclaration. The appellants voluntar…

In the General Vaidya murder case two accused were convicted of murder and sentenced to death. The convicts did not appeal, and the Supreme Court was hearing a reference for confirmation of the death sentence. Simranjit Singh Mann, President of a political party, filed a writ petition under Article 32 alleging violatio…

The landlord of a building let to the Uttar Pradesh Sales Tax Department applied for a rent enhancement under the U.P. Urban Buildings (Regulations of Letting, Rent and Eviction) Act, 1972. The Rent Control Officer enhanced the rent by assessing the market value of the building, adding the value of the super‑structure …

The Sukhadia University in Rajasthan refused to place its Research Assistants and Research Associates on the revised University Grants Commission (UGC) pay scale of Rs 700‑1600, despite the university having implemented the same scale for other teaching staff. The petitioners, who were Research Assistants/Associates, a…

The case concerned a large tract of land requisitioned in 1967 under the Defence of India Act and later acquired by the Central Government under Section 7 of the Requisitioning and Acquisition of Immovable Property Act, 1952. The compensation determined by the Competent Authority was refused to be paid, leading the own…

The Kerala Additional Sales Tax Act, 1978 imposed an extra levy of 10% of the existing tax rate on all taxable sales and purchases in the State. Several dealers, including AysHA Hosiery Factory, challenged the inclusion of this additional tax in the calculation of Central Sales Tax (CST) on their inter‑state sales, arg…

Kanoria Chemicals & Industries Ltd. entered into a 1963 contract with the Uttar Pradesh Government for electricity at concessional rates. The Uttar Pradesh Electricity Laws (Amendment) Act, 1983 amended Section 60 of the Electricity (Supply) Act, 1948, allowing the State and the Board to revise rates retrospectively fr…

The Supreme Court examined whether Government Orders 159 (26‑Mar‑1971) and 414 (25‑Aug‑1971) issued by the Jammu & Kashmir government constituted valid tax exemption orders under Section 5 of the Jammu & Kashmir General Sales Tax Act, 1962, and whether the exemption applied for five years or ten years as claimed by the…

Smt. Thakamma Mathew sold a property to M. Azmathulla Khan and later cancelled the agreement when the sale was not completed by the stipulated date. She sued for cancellation, possession and damages. The trial court cancelled the agreement and ordered restitution and damages. The Karnataka High Court, invoking Order 7 …

The Supreme Court examined whether the phrase "son or daughter" in Section 84(1A) of the Kerala Land Reforms Act, 1963 includes step‑children. The donor, a step‑mother, executed a gift deed between 1 January 1970 and 5 November 1974 in favour of her husband’s two sons from a previous marriage. The Court held that a ste…

The case concerned Sub‑Engineers in the Madhya Pradesh Public Health Engineering Department, some of whom were diploma‑holders who later obtained a degree in engineering. Under the Service Rules, diploma‑holders required 12 years of service for promotion to Assistant Engineer, whereas those who obtained a degree during…

In execution of a pre-emption decree, the respondent was given actual possession of 135 kanals and symbolic possession of an additional 62 kanals 13 marlas, which was beyond the decree's terms. The appellants' father filed a declaratory suit in 1965, which was decided in his favour and affirmed in 1969, but no injuncti…

The case concerned the murder of the village Sarpanch, Nethala Veeraswamy, for which twelve persons were charged. The trial court convicted all under Section 302 read with Section 149 of the IPC, but the Andhra Pradesh High Court set aside the convictions of seven accused and upheld the convictions of five (A-1, A-2, A…

Sewaram was elected to the Madhya Pradesh Legislative Assembly from Morena, but his opponent Sobaran Singh challenged the election alleging that Sewaram held contracts with the state government at the time of filing his nomination, which would disqualify him under Section 9‑A of the Representation of the People Act, 19…

The accused were charged with murder of two brothers under Sections 302 and 34 IPC. The trial court acquitted them, relying on a purported custom of the Aher community that a widow should not leave her house for 45 days after her husband's death, and finding the eye‑witnesses' testimony doubtful. The State appealed, an…