Judgments of 1992

The appellant was arrested for offences under Sections 147, 148, 302 and 323 read with 149 IPC and, after the investigating agency failed to file a charge‑sheet within the 90‑day period prescribed by the proviso to Section 167(2) of the CrPC, the Sessions Judge released him on bail. After the charge‑sheet was later fil…

The State of Maharashtra prosecuted Sukhdev Singh (Accused No.1) and Harjinder Singh Jinda (Accused No.5) for the murder of retired General Vaidya under the IPC and TADA. The trial court convicted both of murder (IPC ss.302, 307, 34) and sentenced them to death, relying on eyewitness identification, statements under se…

The Ahmedabad Urban Development Authority (AUDA) levied a development fee on property owners under Sections 119(1) and 119(2)(c) of the Gujarat Town Planning and Urban Development Act, 1976. The petitioners challenged the levy, arguing that the statute did not expressly empower AUDA to impose such a fee, that there was…

Mohan Lal Tripathi, who was directly elected President of the Rae Bareilly City Municipal Board, challenged a no‑confidence motion passed by the Board under Sections 87‑A and 47‑A of the Uttar Pradesh Municipalities Act, 1916. He argued that a President elected by the entire electorate could not be removed by a smaller…

The Supreme Court entertained writ petitions filed by environmental activist M.C. Mehta under Article 32, seeking relief from severe air pollution caused by mechanical stone crushers operating in Delhi and adjoining areas of Haryana. The petitioners alleged that the stone‑dust and smoke emitted by the crushers endanger…

A combined entrance examination was conducted by Lucknow University for admission to postgraduate medical courses in seven medical colleges in Uttar Pradesh. The university's guidelines (clause G(ii)) required a separate merit list for each college based on institutional candidates, which the petitioners challenged as …

The appellant, Kunhiraman Nair, claimed possession of land, building and mills after a series of agreements that transferred management and lease rights to him. The respondents, originally lessees of the property, entered into a March 22, 1955 agreement with T.M. Rama Iyer, surrendering their leasehold rights, and T.M.…

The mortgagor, an agriculturist, hypothecated two parcels of land to a mortgagee under the Bombay Agricultural Debtors Relief Act, 1947. After default, the mortgagee obtained an execution and, although a compromise discharged the debt, it retained possession of the lands. The mortgagor’s representatives filed an execut…

The appellants, owners of several plots acquired under the Land Acquisition Act, 1894, had received awards from the Collector (10‑June‑1968) and a reference court (30‑August‑1972) and sought enhanced compensation on a belt‑wise basis before the High Court, which awarded varying rates. They appealed to the Supreme Court…

The Supreme Court examined the constitutionality of Section 25‑N of the Industrial Disputes Act, 1947, which requires prior governmental permission before an employer can retrench workmen in large establishments. The Court held that the right to retrench is an integral part of the employer’s Article 19(1)(g) right to c…

The Supreme Court considered whether, for assessment year 1962-63 and later, the actual cost of service line assets acquired before the previous year must be recomputed under Section 43(6) of the Income‑Tax Act, 1961. The appellants, several electric supply companies, argued that the actual cost determined under the ea…

Somasundram Chetir & Co., a cloth merchant, incurred losses of Rs.2,04,746 and Rs.17,000 in the assessment years 1960-61 and 1961-62 which the Assessing Officer treated as losses from speculative transactions, allowing set‑off only against speculative profits. The Tribunal held that the losses arose from hedging contra…

Continental Construction Ltd., a civil engineering firm, entered into several overseas construction contracts, notably the Karkh Water Supply project in Iraq, and sought deductions under Section 80‑0 of the Income‑Tax Act for payments received as royalties, fees or similar. The Central Board of Direct Taxes (CBDT) appr…

The appellant, Kali Durga Estate, entered into a registered agreement to sell its first‑floor premises to Sanchaita Investments for Rs.16 lakh, with an earnest payment of Rs.4 lakh and further installments. The contract stipulated that the buyer must pay the balance and take possession within 15 days of a notice from t…

The appellants, Steel Rolling Mills, purchased iron billets (duty Rs 330/ton) and rolled them into MS flats (duty Rs 120/ton) which were exported. They claimed export rebate at Rs 450/ton, arguing that rebate should cover duty paid on both raw billets and finished flats. The Collector, relying on Notification 197/62 un…

The appellants, holders of contract carriage permits for mini buses in Uttar Pradesh, challenged the restriction that they could not pick up individual passengers at the start of their journeys. The State argued that the Motor Vehicles Act, 1988 defines contract carriage as requiring a prior contract for the whole vehi…

The petitioners, registered dealers under the Orissa Sales Tax Act, 1947, challenged the constitutional validity of the Orissa Additional Sales Tax (Amendment and Validation) Act, 1983, which retrospectively validated assessments of an additional tax levied on gross turnover, allegedly violating the single‑point levy s…

The Reserve Bank of India (RBI) entered into a sale agreement with S.S. Investments that contained an arbitration clause. Two arbitrators – a former judge and a lawyer – were appointed but each issued a separate award, indicating a disagreement. The RBI sought to refer the matter to the appointed Umpire under Clause 4 …

The petitioners, two Assistant Mechanical Engineers, sought promotion to Deputy Drilling Engineer on the ground that their higher educational qualifications (degrees) satisfied the requirements of Entry 6 of the Rajasthan Mines and Geological Service Rules, 1960, which prescribed a diploma and five years of drilling or…

Ten acres of land belonging to the appellant were acquired under the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded compensation at Rs.1.01 per square foot, which was enhanced to Rs.2.25 per square foot by a reference court under Section 18 of the Act. The State appealed, and the Madras High…

The Supreme Court examined whether a person questioned under the Customs Act, 1962 or the Foreign Exchange Regulation Act, 1973 is entitled to the assistance of a lawyer. The petitioners argued that denial of counsel violated Article 20(3) and Article 21 of the Constitution, while the Department contended that such per…

The respondents, former armed forces personnel, were re‑employed as whole‑time officers in the National Cadet Corps (NCC) and were granted permanent commissions under a Government order dated 23 May 1980, which fixed their retirement age at 55 (extendable to 57). They later sought to remain in service until the age of …

The petitioner, N.K. Bapna, Managing Director of a plastic manufacturing company, was issued a preventive detention order under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974, for allegedly abetting smuggling of goods stored in bonded warehouses. He challenged the or…

The Union of India issued notifications fixing tariff values for sulphuric acid and liquid chlorine under Section 3(2) of the Central Excises and Salt Act, 1944, using a weighted‑average price methodology. Century Manufacturing Co. challenged these notifications, arguing that excise duty should be based only on manufac…

MJ Exports Ltd., a recognised trading house, imported haemodialysers from West Germany under an Open General Licence (OGL) for "stock and sale" and cleared them for "home consumption" free of duty. The goods were repacked in India and exported to the USSR. Customs detained the goods, deeming the re‑export impermissible…

The Karnataka Public Service Commission (KPSC) instructed candidates in its State Civil Service competitive exams to write their roll numbers only on the front page of the answer book. Several candidates wrote their roll numbers elsewhere in the answer books, leading the Commission to refuse evaluation of those answer …

Indian Tube Co. transferred Rs 90 lakh to a dividend reserve in 1963, of which Rs 76 lakh was paid out as dividend and Rs 14 lakh remained. The issue was whether the transferred amount, or any part of it, should be treated as a reserve for computing the company's capital under the Companies (Profits) Sur‑tax Act, 1964,…

Bhaurao Ragoji Patil filed an election petition challenging Manohar Joshi's election, but died before the case proceeded, causing the petition to abate under Section 112(1) of the Representation of the People Act, 1951. Four persons, including the respondents, applied for substitution under Section 112(3) within the pr…

The State of Uttar Pradesh prosecuted Ashok Kumar Srivastava, his father Rajendra Lal and sister Sudha for the murder of Meera Srivastava, alleging they set her ablaze over a dowry dispute. The trial court convicted them under Sections 302 and 34 IPC based on the testimony of neighbours (PW1, PW4, PW3) and circumstanti…

Two junior members of a Tarwad redeemed a mortgage executed in 1870, obtained release in 1886 and remained in possession of the land for over fifty years. In 1967, other members of the Tarwad filed a partition suit, claiming that the junior members were tenants under Section 4A(1)(a) of the Kerala Land Reforms Act, 196…

The Ramjas Foundation challenged the validity of notifications issued under Sections 4, 6, 9 and 10 of the Land Acquisition Act, 1894 for land in Delhi that it claimed was wakf and used for charitable education. It alleged that its objections under Section 5A were rejected without a personal hearing and that the notifi…

The case concerned scientists of the Indian Council of Agricultural Research (ICAR) in the S‑2 and S‑3 grades who were placed in lower pay scales than junior colleagues after a 1989 notification revised pay structures based solely on total service length (8 years for S‑2, 16 years for S‑3). The senior scientists argued…

The appellant, Everest Co‑owners, owned three godowns that were leased to the Food Corporation of India and later occupied by the respondent, M.P. State Ware Housing Corporation, without the appellant’s consent. After the lease expired, the appellant claimed damages of Rs 4,76,984 and invoked the arbitration clause in …

The State Bank of India initiated disciplinary proceedings against its officer D.C. Aggarwal, whose inquiry officer recommended exoneration on minor charges. The bank forwarded the inquiry report to the Central Vigilance Commission (CVC), which found several charges proved and recommended a major penalty, including rem…

Syed Naseem Zahir, a Superintending Engineer, was considered for promotion to Chief Engineer by the Departmental Promotion Committee (DPC) in October 1987. Because disciplinary proceedings were contemplated, the DPC placed its recommendation in a sealed cover, although the charge sheet was only served in April 1988. Za…

The Indian Aluminium Company set up an aluminium smelter in Karnataka and entered into two tripartite agreements (1966 and 1976) with the Karnataka Electricity Board and the State for uninterrupted power at concessional rates. The Board later raised tariffs, and Karnataka amended Section 49 of the Electricity (Supply) …

The Hindu Undivided Family Onkar Saran & Sons filed returns for assessment years 1961-62 and 1962-63 that omitted capital gains from land sales. The Income‑Tax Officer, after discovering the omission, issued notices under s.148 in 1965 and the assessee filed revised returns in 1969, still concealing the income. Re‑asse…

The appellant, the mother‑in‑law of the deceased, was convicted of murder under Section 302 IPC for allegedly burning her daughter‑in‑law. The prosecution's case rested on four dying declarations made by the victim, three of which identified the appellant as the assailant. The trial court dismissed these statements, de…

The appellants challenged the constitutional validity of the Goa, Daman and Diu Barge Tax Act, 1973, arguing that a 'barge' is not a 'boat' within the meaning of Entry 58, List II of the Seventh Schedule, which permits states to tax 'animals and boats'. They contended that the term 'boat' should be limited to vessels p…

A food inspector seized samples of orange drink and vanaspati ghee from the godowns of Lipton India Ltd and Hindustan Lever Ltd and, after a public analyst’s report, found them adulterated and mis‑branded. Complaints were filed under sections 7 and 16 read with section 17 of the Prevention of Food Adulteration Act, 195…

The National Power Transmission Corporation (NPTC) was created to take over assets and employees of several generating corporations, including the National Thermal Power Corporation (NTPC). NTPC and the Government issued instructions and a circular effecting the transfer, which the Corporate Executive Association of NT…

The Supreme Court considered numerous writ petitions filed under Article 32 and special leave petitions under Article 136 by pavement hawkers and squatters alleging that the New Delhi Municipal Committee (NDMC) and the Municipal Corporation of Delhi (MCD) violated their fundamental right to carry on trade under Article…

The appellants, Darshan Prashad and his wife Smt. Saraswati Devi, challenged a notice issued under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (as amended by Act No.20 of 1976) that sought particulars of land held by them and their family. They argued that the wife, who was living separat…

The widow of Major Dalip Singh and his two minor sons filed a claim before the Motor Accidents Claims Tribunal after a bus collided with their car, killing the Major and injuring the children. The Tribunal awarded compensation based on the assumption that the deceased spent half his salary on personal expenses, used a …

The respondents, originally Upper Division Clerks in the Income Tax Department, were promoted to the intermediary cadre of Tax Assistants but were not eligible for promotion to Head Clerk except according to their seniority as Upper Division Clerks. They approached the Central Administrative Tribunal (CAT) seeking to b…

The Supreme Court examined whether sub‑section (2) of Section 73 of the Maharashtra Co‑operative Societies Act, 1960 – inserted by the 1986 amendment – imposes a mandatory duty on the Registrar to prescribe the maximum number of members of a co‑operative society’s committee and publish it in the Official Gazette, or wh…

In execution of a money decree, three parcels of agricultural land belonging to the judgment‑debtor were sold at a court‑sale, the decree‑holder purchasing the property. The debtor retained possession of two parcels while the purchaser occupied the third. The debtor filed a petition under Section 20 of the Kerala Agric…

The petitioners, three medical graduates, had completed their MBBS and appeared for the Post‑Graduate Medical Entrance Examination in 1990‑91 but were denied admission to postgraduate courses because they did not obtain the statutorily prescribed minimum of 50% marks in the entrance test. The Allahabad High Court enter…

The Madhya Pradesh Government issued a notification under Sections 4(1) and 17(1) of the Land Acquisition Act, 1894 to acquire 2.298 hectares of land in Mandsaur for a "residential" purpose, followed by a declaration under Section 6(1). The respondents challenged the validity of the notification, arguing that it failed…

The Supreme Court heard a batch of petitions challenging the constitutionality of the Constitution (Fifty‑Second Amendment) Act, 1985, which inserted the Tenth Schedule (anti‑defection law). The key disputes were whether Paragraph 7 of the Schedule, which bars all courts from hearing any matter relating to a member’s d…

Two Rakshaks of the Railway Protection Force, appointed and later dismissed by the Assistant Security Officer, challenged their dismissals on the ground that only the Chief Security Officer could appoint and dismiss under the Railway Protection Force Act, 1957. The High Court had set aside the dismissals, holding the A…

The appellant, D.K. Sahni, joined Manganese Ore (India) Ltd. in 1966 and was promoted to Chief Mining Engineer in 1980, later to Deputy General Manager and General Manager (T). Superseded officers challenged his promotions, arguing he lacked the educational qualifications prescribed for the Chief Mining Engineer post. …

The case concerned the interpretation of a circular dated 19 June 1982 issued by the Fertilizer Industry Coordination Committee (FICC) regarding the payment of a differential subsidy for Single Super Phosphate (SSP). Surya Phosphate Ltd. argued that the circular promised a subsidy based on the actual ex‑factory price i…

The Supreme Court heard appeals by the States of Punjab and Haryana against a Punjab‑Haryana High Court judgment that ordered the regularisation of large numbers of ad‑hoc, temporary, work‑charged, daily‑wage and casual labour employees. The petitioners argued that the High Court had exceeded its jurisdiction by amendi…

The appellant, Ashok Singh, sought a succession certificate for his father Ganga Singh's intestate estate after attaining majority. The estate duty guardian had failed to file the required account within five years of death, invoking Section 73A of the Estate Duty Act, 1953, which bars any levy proceedings after that p…

R.K. Deo, the former Raja of Jeypore, claimed a deduction of Rs 6,69,766, the income‑tax liability on his forest income, while computing his net wealth under the Wealth Tax Act, 1957 for the assessment years 1962‑63 to 1965‑66. The liability had been affirmed by the Supreme Court in 1958, a fresh demand notice was issu…

P. J. Thomas owned 31.06 acres of land, including 14.5 acres of rubber plantation that had been converted from a cashew estate in 1967. Under the Kerala Land Reforms Act, 1963, cashew estates of ten acres or more were exempt from ceiling‑area restrictions until the amendment of 1969, which removed the exemption effecti…

Dehri Rohtas Light Railway Co. had an unregistered agreement with the District Board to pay a fixed Rs 10,000 per annum as cess under the Bengal Cess Act, 1880, which it honoured from 1953‑54 to 1966‑67. In 1967 the Board demanded arrears of Rs 9,86,809.33 based on the net profits of the whole railway business, not mer…

The Supreme Court examined the constitutional validity of Section 5(A)(1) of the Tamil Nadu Entertainment Tax Act, 1939 (as amended by Act 40 of 1989), which re‑classified cinema theatres within a five‑kilometre ‘belt’ of municipal corporations and special‑grade municipalities from the ‘composition system’ to the ‘admi…

Respondent No.3 obtained a permanent injunction against the State of U.P. and its Forest Department to prevent interference with his right to cut trees on his land. Later, Smt. Lagan Devi secured a temporary injunction restraining Respondent No.3 from cutting trees on her plot, invoking the earlier decree. She reported…

Mahesh Chandra, the managing partner of a rice mill, hypothecated his mill and adjoining plots to the Uttar Pradesh Financial Corporation (UPFC) for a loan. After defaulting on repayments, UPFC exercised its power under Section 29 of the State Financial Corporations Act, 1951, took possession of the hypothecated proper…

Sakharam, a 16‑year‑old boy, was living alone with his grandfather when his aunt, Awadhrani, stayed with him for about eight to ten days. On 29 October 1968 a gun‑shot was heard; neighbours found Awadhrani dead with a 12‑bore gun nearby and Sakharam standing nearby, crying. The trial court, relying on circumstantial ev…

P.V. Srinivasa Sastry, M. Mahadeva Setty and P. Gangireddy, who were serving as Auditors, were subjected to departmental proceedings for alleged misconduct and were ordered to be reduced in rank to Lower Division Clerks. The appellants challenged the orders on two grounds: (1) the proceedings were initiated by the Seni…

The appellants, originally allocated to various Group ‘A’ central services in 1989, abstained from training to appear for the 1990 Civil Services (Main) Examination in hopes of securing a more desirable posting. Their improved performance was ignored, and they were denied allocation to Indian Customs/Central Excise Ser…

Banwari Lal filed a suit which was dismissed by the Subordinate Judge on the basis of a petition of compromise filed on his behalf. Banwari Lal later alleged that the petition was fraudulent, unsigned by the respondent and filed through a colluding advocate. The Subordinate Judge, after finding the compromise unlawful,…

Rattanlal filed a declaration under Section 12 of the Maharashtra Agricultural Land (Ceiling and Holdings) Act, 1961. The Surplus Land Determination Tribunal declared 9 acres 8 guntas of his land surplus, an order affirmed by the Revenue Tribunal after a modification. Later the Additional Commissioner discovered that R…

M. Sankaranarayanan, an IAS officer serving as Chief Secretary of Karnataka, was transferred on 4 January 1991 to the post of Secretary, High Power Committee, and a senior officer was appointed Chief Secretary. He challenged the transfer before the Central Administrative Tribunal, alleging that it was mala fide, motiva…

The petitioners, an association of Uttar Pradesh State Civil Service officers, challenged the First Amendment Rules (1989) to the IAS (Regulation of Seniority) Rules, arguing that the proviso limiting Rule 3(3)(ii) to prospective operation denied them full weightage of seniority and violated Articles 14 and 16(1) of th…

Two junior clerks in the Gujarat civil courts, R.M. Gurjar and D.N. Jadhav, were found to have falsely identified three persons before a magistrate and admitted the charge. The District Judge, as disciplinary authority under Gujarat Civil Services (Discipline & Appeal) Rules, 1971, imposed a permanent stoppage of futur…

Lakshmipathi Naidu, a Telugu Pandit since 1975, obtained a B.Ed. in 1983 and applied for a Head Master vacancy in 1986. The Special Rules for the Tamil Nadu Higher Secondary Educational Service required ten years of experience as a B.T. Assistant or Pandit after obtaining a teaching degree, leading the Madras High Cour…

The appellant purchased 5 acres of land that had been regranted to a watan land‑holder in 1968, who had obtained a sanction to alienate the land under Section 5(3) of the Karnataka Village Offices Abolition Act, 1961. In 1978 the Act was amended (Act 13 of 1978) to prohibit the transfer of any regranted land for fiftee…

The respondents were admitted to a D.Ed. course in an unrecognised institution and sought a writ directing the State of Maharashtra to allow them to sit for the public examination. The Bombay High Court ordered the State to permit the students to appear and, after passing, to allocate them seats in a recognised institu…

Vijay Enterprises, a small‑scale unit manufacturing cycle stands, began manual production on 1 March 1985 and made its first sale on 30 March 1985. It purchased a diesel generator on 4 March 1985 for Rs 72,800, bringing its total capital investment to more than Rs 3,00,000 as of the date of first sale. Under Section 4‑…

The respondents, manufacturers of cellulosic spun yarn, were initially allowed a concessional excise rate but later faced a show‑cause notice and were assessed a large duty. They deposited the disputed amount in the High Court, obtained a conditional order permitting withdrawal of the deposit, and later secured an appe…

The Supreme Court examined the constitutional validity of Section 73A of the Maharashtra Cooperative Societies Act, 1960, which restricts designated officers (Chairman, President and other officers declared by the State) from holding office in more than one cooperative society and limits their tenure to ten years in ag…

The case concerned the death of Shashi Bala, wife of Satish Kumar, who was alleged to have been strangled and her body burnt to destroy evidence. The trial court convicted Kumar under Sections 302 and 201 IPC based on the post‑mortem report, medical testimony and circumstantial evidence, while acquitting his relatives.…

The appellant Ganeshlal was charged, along with his parents, sister, maternal uncle and the uncle's daughter, for the murder of his wife Kanchana, whose body was found severely burnt on the third floor of their house. The trial court acquitted all accused, but the Bombay High Court (Nagpur Bench) convicted Ganeshlal al…

The appellants, who were appointed as Operators in the Bihar State Electricity Board after failing to secure Junior Electrical Engineer posts in 1984, claimed that the State Government’s directions under Section 78‑A of the Electricity (Supply) Act, 1948 to appoint and absorb them as Junior Engineers were binding. The …

The landlord, Prabhu, sold his 3‑acre agricultural land to the fourth son of tenant Rau on 27‑April‑1961, while another son, Mahadu, sold his share to H.R. Patel on 11‑May‑1966. The Tahsildar, under section 32G of the Bombay Tenancy and Agricultural Lands Act, later declared the fourth son the purchaser and issued a ce…

The petition challenged the appointment of K.N. Srivastava as a Judge of the Gauhati High Court on the ground that he did not satisfy the qualifications under Article 217(2) of the Constitution. The Court examined the meaning of "judicial office" and held that it must be an office within the judicial service defined by…

Kirloskar Brothers Ltd., a manufacturer of power‑driven (monoblock) pumps, purchased electric motors on which excise duty had already been paid and used them as components. The Assistant Collector of Central Excise assessed additional duty, holding that the duty paid on the motors could not be deducted from the assessa…

The petitioners imported ball bearings that arrived at Madras port on 20 February 1989 but could not be unloaded due to a strike. They presented a bill of entry on 27 February, which was received on 28 February, and entry inward was granted on 2 March 1989. The rate of excise duty was increased on 1 March 1989, leading…

The State Bank of India issued Staff Circular No. 42, which laid down a three‑option procedure for promotion of clerks to Head Clerk, with permanent debarment if the final offer is refused. The respondents, clerks in the Madras Regional Office, declined the first two offers and were then given a third offer for a Head …

Major J.S. Brar was charged under Section 69 of the Army Act, 1950 read with Section 379 IPC for theft of army property. After an initial General Court Martial (GCM) found him guilty of one charge and acquitted him of another, the Confirming Authority ordered a revision under Section 160 and Rule 68 of the Army Rules, …

Pashora Singh and his brother Lahora Singh were tried for offences under Sections 307, 447, 326, 324 and 323 read with Section 34 of the Indian Penal Code for inflicting injuries on Amar Singh and Pal Singh in 1981. The trial court convicted them of the latter four offences and, as they were not previous convicts, gran…

Crescent Iron and Steel Corporation Ltd., a private foundry, locked out its operations in July 1985 and referred the matter to the BIFR under Section 15(1) of the Sick Industrial Company (Special Provisions) Act, 1985. While the reference was pending, it sought closure permission under Section 25 of the Industrial Disp…

The appellants, teachers employed by the Hinganghat Municipal Council before November 1956, claimed that their statutory retirement age was 60 years under the Madhya Pradesh Secondary Education Act, 1951 and the subsequent Maharashtra Secondary Schools Code, which provided an exception for Vidarbha teachers. The Munici…

The DDA Graduate Engineers' Association, representing graduate Assistant Engineers, challenged a Delhi Development Authority (DDA) resolution that allowed diploma‑holder Assistant Engineers to be promoted to Executive Engineer. The dispute centered on whether Resolution No. 105 (16 June 1971) incorporated only the stat…

M.P. Jain, adopted into his uncle's family, received 28 acres from the adoptive family and inherited 19 acres 19.5 gunthas from his natural father, who became his uncle after adoption. The Commissioner under Section 45(2) of the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 held that the inherited land …

The plaintiff claimed ownership of agricultural land purchased through four sale deeds in which the defendants were named only as benamidar, alleging the defendants held the property benami. The trial court dismissed the suit, but the first appellate court reversed the decision, and the High Court upheld the dismissal …

The Supreme Court examined whether ryotwari pattas for service inams in Perur village should be issued to the individual service holders or to the Patteswaraswami Devasthanam, the original grantee of the inam. The Settlement Tehsildar had directed pattas to the service holders under Section 8(2)(ii) of the Madras Inams…

The Lala Jeetmal Kapoor Trust, which owned 2071.10 sq. metres of vacant land in Kanpur, was notified for acquisition under the Kanpur Southern City Extension Scheme. The Trust objected, claiming that the layout had been sanctioned, that provisions for roads and a public park were included, and that it had filed an appl…

Ashok Dubey, a Canara Bank officer, was selected by the UPSC for the post of Assistant Provident Fund Commissioner and was offered appointment contingent on a valid discharge from his bank, vigilance clearance and an integrity certificate. While his resignation was pending, the bank informed the appointing authority th…

The Supreme Court examined the legality of district‑wise panels prepared by the State of Bihar for appointing primary‑school assistant teachers. The petitioners argued that inclusion in a panel created a vested right to appointment and that the Government's circular of 2 July 1989, which cancelled the panels but saved …

The appellant, Binod Bihari Singh, entered a contract with the Union of India for handling goods at a railway shed, which was terminated early. An arbitrator was appointed and awarded Rs. 82,100 to the appellant on 26 February 1965. The appellant filed an application on 20 May 1966 under Section 17 of the Arbitration A…

The Bank of Maharashtra honoured a cheque for Rs.6,500 presented by a customer of another bank, which was later discovered to have been chemically altered and actually payable for Rs.95.98. The bank’s branch did not possess an ultraviolet (UV) ray lamp, a device that could have revealed the forgery, and the lower court…

The Karnataka Government framed special recruitment rules in 1985 to appoint Scheduled Caste and Scheduled Tribe candidates to certain Group A and B posts, prescribing a Board‑conducted oral test and a specific procedure for publishing merit lists. Unsuccessful candidates challenged the Board’s selections before the Ka…

Karamjeet Singh filed a writ petition under Article 32 of the Constitution claiming to be the next friend of two convicts sentenced to death for desecrating a religious shrine, alleging that the convicts were under a legal disability due to an intense religious obsession. The convicts had expressly instructed that no r…

The State of Madhya Pradesh appealed against an order of the Madhya Pradesh Administrative Tribunal that had directed equalisation of pay scales between lecturers in Government Higher Secondary Schools and non‑technical lecturers in Technical Schools. The respondents, lecturers in Higher Secondary Schools, claimed that…

The respondents were involved in the manufacture and sale of illicit liquor that caused several deaths, and were detained under Sections 3(1) and 3(2) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum‑grabbers Act. They fil…

Petitioners whose lands were acquired under the Land Acquisition Act, 1894 were dissatisfied with the compensation awarded by the reference court and appealed to the Punjab & Haryana High Court, which fixed compensation rates as agreed by the parties. Subsequently, the High Court awarded higher compensation for a parce…

The petitioners' lands were acquired under the Land Acquisition Act, 1894 and compensation was initially fixed by the District Judge. The High Court, on appeal, enhanced the compensation based on uniform market‑value rates for the tract of land. The petitioners sought further enhancement, relying on a later High Court …

The petitioners, Assistant Engineers in the Central Public Works Department, challenged the 1979 (amended 1982) Rules that made seniority for engineers appointed after 22 December 1959 depend on the date of confirmation, arguing that this classification unfairly disadvantaged promotees and violated Articles 14 and 16(1…

The CBI investigated the kidnapping of four diamond merchants and a person named Kulkarni, who was arrested on 4 October 1991 and produced before the Chief Metropolitan Magistrate. After an initial period of judicial custody, the CBI sought police custody for Kulkarni, but the magistrate refused, relying on a prior Del…

The Supreme Court considered a case where four police officers abducted a suspect and three witnesses from a hotel, beat them in a police staff room, and the suspect later died with his body never recovered. The trial court had convicted the officers only for kidnapping, but the High Court upheld murder convictions bas…

Shasidkant & Co. applied for an Export House Certificate and, after a High Court order, was granted an additional licence to import palm acid oil, a canalised item. The Collector of Customs confiscated the oil on the ground that it was specifically banned under the Import Policy 1985-88, offering release on payment of …

The petitioners, U.P. Basic Shiksha Parishad, challenged the seniority of a group of teachers who had been appointed as untrained temporary Assistant Teachers between 1959 and 1966 and later obtained training certificates. The teachers argued that their seniority should be counted from the date of their initial appoint…

The appellant, Chetar Sen Jain, had taken a lease of premises in 1958 and continued possession, first as a residence and later as a godown under a fresh oral lease in 1971. In 1982 the landlord alleged a "deemed vacancy" and sought allotment of the premises under Section 12(3) of the U.P. Urban Buildings (Regulation of…

The National Thermal Power Corporation (NTPC) entered into a contract with Singer Company for equipment supply, stipulating that Indian law would govern the contract and Delhi courts would have exclusive jurisdiction. A dispute was referred to an ICC arbitral tribunal, which chose London as the seat and rendered an int…

V.S. Murthy, a former railway clerk, was deputed to Hindustan Organic Chemicals Limited, a public sector undertaking, and later absorbed permanently. While on deputation he received his regular railway pay plus a deputation (duty) allowance. Upon retirement he claimed that the allowance should be counted as "emoluments…

The Union Government sent a requisition to the UPSC to fill a vacancy of Assistant Director General (Prevention of Food Adulteration) by direct recruitment. Before the UPSC could advertise, the Government informed it that it was considering amending the rules to allow promotion from Assistant Secretary and asked the UP…

The State of Rajasthan issued a notification on 30 May 1978 under Section 2(i)(a) of the Rajasthan Colonisation Act, 1954, appointing all Colonisation Tehsildars to perform the functions and exercise the powers of the Collector under Section 22 of the same Act. The Tehsildars used this authority to initiate eviction pr…

Indra Kumar Chopra, appointed as Assistant Manager (Quality Control) in 1981, claimed he became a permanent employee after being provisionally absorbed into the Uttar Pradesh Cooperative Dairy Federation and Milk Unions Centralised Service created by the 1984 Rules. The respondents terminated his services under Regulat…

The respondent, defeated in the 1991 Lok Sabha election, filed an election petition alleging corrupt practices under Sections 123(2), 123(3) and 123(3A) of the Representation of People Act, 1951. The appellant sought dismissal on three grounds: (i) the alleged corrupt acts occurred before he was a "candidate" as define…

Mrs. Payal Jindal married Capt. Ashok Kumar Jindal on 24 January 1988. The husband filed a petition for divorce under Section 13 of the Hindu Marriage Act on 16 August 1988 alleging cruelty. The wife denied the allegations and sought transfer of the case from the Family Court, Pune to Delhi, obtaining a temporary stay …

The petitioners, agricultural landholders, filed returns under the Maharashtra Agricultural Lands (Ceiling and Holdings) Act, 1961. The Collector held that the first petitioner’s holding was 124 acres 23 guntas, below the ceiling, and therefore not a surplus holder. The petitioner appealed this finding before the Mahar…

The father and elder brother of Ashwani Kumar Dhingra filed a writ petition in 1973 challenging a notification dated 6 August 1973 issued under Sections 4 and 6 of the Land Acquisition Act, 1894. The Punjab and Haryana High Court quashed the notification for them, and the State’s letters‑patent appeal was dismissed, bu…

The appellant claimed that the Sri Anjaneya Swami temple at Valuthimmapuram was a private family temple and that he was its hereditary trustee, seeking declaration and possession of the temple lands. The Board of Commissioners and the trial courts held the temple to be a public religious trust and dismissed his claim, …

M.S. Jasra, a former RBI officer, joined Lakshmi Commercial Bank as Assistant General Manager in 1983. After Lakshmi was amalgamated with Canara Bank under Section 45 of the Banking Regulation Act, 1949, he was placed as Divisional Manager in Canara Bank. He claimed entitlement to a higher post and to retire at age 60,…

The appellant, a mortgagor, obtained a decree for redemption of his mortgage which required payment of the mortgage amount and a sum for improvements. After depositing the decree amount, the respondent mortgagee filed applications under the Kerala Compensation for Tenants Improvements Act, 1958 and later under Section …

The State of Bihar terminated the services of 320 doctors, including Dr. Sandhya Das, after they failed to return from leave and did not respond to a general notice. Ms. Kamlesh Jain filed a public interest litigation seeking financial assistance and post‑retirement benefits for Dr. Das, and the Patna High Court ordere…

The Commissioner of Sales Tax, Uttar Pradesh challenged the tax treatment of purchases made by a dealer acting as a commission agent for out‑of‑state principals. The dealer bought agricultural produce and other goods in Uttar Pradesh and dispatched them to the principals in other states. The State argued that the purch…

The employee of J&P Coats was struck by his employer's lorry while riding his bicycle on a public road 1 km from the factory, fifteen minutes before his shift began. He claimed disability benefits under the Employees' State Insurance Act, arguing that the injury occurred in the course of his employment. The corporation…

The landlord, K.A. Anthappai, sought eviction of his tenant, C. Ahmed, under sections 11(3) and 11(4)(ii) of the Kerala Buildings (Lease & Rent Control) Act, claiming the building was needed bona‑fide for his residence after retirement. The Rent Controller dismissed the petition, finding no bona‑fide need and no damage…

The Punjab Government issued a brochure promising a refund of sales tax as an incentive for setting up large‑scale industries in focal points. Amrit Banaspati Co. relied on assurances from the Director and Secretary of Industries, purchased land and machinery, and later sought a refund of sales tax paid. The High Court…

Ganga Singh executed a will on 2 October 1968 bequeathing his one‑third share in land to Atma Singh and died eight days later. The Assistant Collector rejected the will as suspicious and allowed mutation in favour of Smt. Guro, Ganga's sister's daughter, prompting her to sue Atma Singh for declaration of her inheritanc…

Vijay Mills Co. Ltd. owned about 2 lakh sq. m. of non‑agricultural land in Ahmedabad that was assessed at 2 paise per sq. m. under the Gujarat Land Revenue Rules, 1972. The State Government drafted rules in July 1976 to raise the rate, withdrew the notification, invited objections, and finally issued the 1977 Rules in …

The State of West Bengal issued a 1984 notification exempting entertainment tax for performances by group, amateur theatres or amateur jatra that are formed solely for cultural activities and do not pay artists regular or contractual fees, while professional theatres were excluded. A professional theatre challenged the…

The petitioners challenged the constitutional validity of amendments to the Bombay Prohibition Act, 1949 made by the Gujarat Legislature that required a permit for possession of "rotten gur" in excess of a prescribed limit and regulated its manufacture. They argued that the provisions exceeded the State's legislative c…

The respondent was appointed in 1965 as Superintendent of a Deaf Mute and Blind School and later promoted to Deputy Director and Joint Director in the Social Welfare Department. Under Madhya Pradesh State Fundamental Rules (FR 56 Sub‑Rule (1‑a)), the retirement age is 58 years, except for teachers who may serve until 6…

Satrucharla Raju was appointed as a single teacher in a primary school run by the Integrated Tribal Development Agency (ITDA), a registered society. He was suspended pending an enquiry, tendered his resignation on 26 October 1989 (which was not accepted), and subsequently filed his nomination and was elected to the And…

The petitioners, owners of cinema halls in Lucknow, challenged the theatre tax imposed by the Lucknow Nagar Mahapalika under Sections 172 and 2(77) of the U.P. Nagar Mahapalika Adhiniyam, 1959, arguing that the statute unlawfully delegated legislative power to the Mahapalika and that the classification of cinemas based…

The respondent was repeatedly appointed on an ad‑hoc contractual basis for limited periods at the Institute of Management Development. After a committee recommended abolition of redundant posts, the institute abolished her post, and the High Court ordered her reinstatement and regularisation. The institute appealed, ar…

The Supreme Court examined challenges to the Tamil Nadu Debt Relief Act, 1980 and the Karnataka Debt Relief Act, 1976, which provide relief of agricultural indebtedness to small farmers, landless labourers and weaker sections. Money lenders and pawn‑brokers contended that the statutes were beyond State legislative comp…

Ramesh H. Kundanmal, a dealer operating a service station under a lease with Hindustan Petroleum Corporation Ltd (HPCL), challenged a demolition notice issued by the Municipal Corporation of Greater Bombay under section 351 of the Municipal Corporation Act. HPCL applied to be impleaded as an additional defendant, claim…

Raymond Synthetics Ltd. and others issued a prospectus for a public issue of shares and debentures, seeking permission from several stock exchanges to list the securities. The company received massive oversubscription, allotted shares before the statutory 10‑week deadline for obtaining exchange permission, and later fa…

The case concerned employees of the Accounts Wing of the Indian Audit and Accounts Department who claimed that the benefit under the Office Memo dated 12 June 1987, which upgraded pay scales, should be applied retrospectively from 1 January 1986, the date the Fourth Central Pay Commission had recommended higher scales …

The plaintiff sought recovery of a sum and, during trial, obtained court summons for the Income Tax Department to produce assessment records of the defendants for years 1964-65 to 1971-72. The Department produced the records in sealed covers, claiming privilege under the then‑applicable Section 137 of the Income Tax Ac…

The petitioners, daily‑wage workers employed under various rural employment schemes (Food for Work, National Rural Employment Programme, Rural Landless Employment Guarantee Programme and later Jawahar Rozgar Yojna) were engaged by the District Rural Development Agency (DRDA) as supervisors/work assistants. They sought …

Jarnail Singh, a retired Under Secretary, was found guilty of serious irregularities and the President ordered permanent withholding of his full pension and death‑cum‑retirement gratuity. Singh challenged the order, arguing that Rule 9 of the Central Civil Services (Pension) Rules, 1972 did not empower the President to…

The Chandigarh Administration cancelled a select list of 32 conductors prepared by a three‑member Selection Board after finding that interview marks had been manipulated to favour certain candidates, although no direct evidence of corruption was established. The cancelled candidates approached the Central Administrativ…

The Food Corporation of India (FCI) invited tenders for the sale of damaged food grains. The respondent submitted the highest bid, but FCI deemed the price inadequate and invited all tenderers to negotiate for higher offers. The respondent refused to revise its bid, and a higher offer was obtained during negotiations, …

The petitioners, owners of lands in the Hubli‑Dharwad urban agglomeration, challenged the Land Tribunal’s order granting occupancy rights to tenants under the Karnataka Land Reforms Act, arguing that the lands fell within the scope of the Central Urban Land (Ceiling and Regulation) Act, 1976 and that the State Act shou…

Shyam Kishore and others appealed to the Supreme Court against the Delhi High Court's dismissal of their appeal for non‑deposit of the disputed tax under Section 170(b) of the Delhi Municipal Corporation Act, 1957. The issue was whether the pre‑deposit requirement, which makes an appeal "heard or determined" only after…

The plaintiff, a Wakf trustee, sued the tenant for possession of a plot in Thanjavur, alleging the tenant held over after a two‑year lease dated 17‑Nov‑1955 and had erected unauthorised structures. The tenant contended that he had been in occupation since 1942, that the 1955 deed was merely a renewal of an existing ten…

Birendra Kumar Rai was arrested under the Arms Act and Motor Vehicles Act and was in jail when a complaint under the NDPS Act was filed. While he remained in custody, a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS) was issued, c…

The case concerned casual workmen employed by the Telecommunication Department who sought benefits under an absorption scheme. The Central Administrative Tribunal ordered the Department to pay benefits and to prepare an all‑India seniority list for allocating work. The Union of India appealed, arguing that maintaining …

The appellants, commission agents operating in the Muzaffarnagar market area, were required to pay a market fee under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam Act, 1964, as amended retrospectively to apply from 12 June 1973. They challenged the demand for fees covering the period 11 October 1973 to 12 August 19…

The Supreme Court examined the murder of Divakaran, for which four accused, including Pushparajan (A‑3) and Murali (A‑4), were convicted under IPC sections 302 and 324 read with section 34 and sentenced to life imprisonment. The appellants argued that A‑3 should only be liable for the assault (section 324) and that all…

The case involved a complaint that food inspectors demanded a bribe of Rs 5,000 for a food‑safety inspection. The complainant, after paying part of the amount, approached the Anti‑Corruption Bureau, which recorded the transaction in the presence of two Panch witnesses and used anthracene powder to detect the money on t…

The Madhya Pradesh Government constituted a single‑member Commission of Inquiry to investigate the Churhat Children’s Welfare Society, appointing Justice S.T. Ramalingam. After his retirement, the State replaced him by notifications appointing retired judges G.G. Sohani and later Kamlakar Choubey. Writ petitions challe…

Kishan Singh was convicted under Section 5(2) of the Prevention of Corruption Act and sentenced to two years' rigorous imprisonment. He appealed to the Allahabad High Court under Section 374 of the Criminal Procedure Code, but the High Court dismissed the appeal for default because neither he nor his counsel appeared, …

India Meters Ltd responded to a tender by offering to supply electricity meters on its own payment terms, including a request to waive a bank guarantee. The Punjab State Electricity Board issued a purchase order for 75,000 meters but retained its own payment conditions and required samples, also inserting an arbitratio…

The plaintiff, the late Thakore Jagdevsinhji, claimed ownership of land in Kothiakhad village (survey No.247) as private property under a 1948 merger agreement when his princely state merged with India. The State of Gujarat contended that the land vested in the State under Section 6 of the Bombay Taluqdari Tenure Aboli…

Nelson Motis, a government servant, was removed from service on 4 February 1984 after an inquiry found several charges proved. He challenged the removal before the Central Administrative Tribunal, which set aside the penalty on procedural grounds and noted his acquittal in a related criminal case. The Tribunal ordered …

Dr. Prit Singh was appointed Principal of a recognised college on 22 July 1986, but the Vice‑Chancellor refused to approve the appointment because Singh did not meet the prescribed qualifications of a first or high second class Master's degree. The qualifications were later amended on 15 October 1987 to relax the requi…

The respondent, an Assistant Director in Madhya Pradesh, was superseded for promotion in 1981 by the Departmental Promotion Committee (DPC) on the basis of adverse confidential reports, some of which were later expunged. He was eventually promoted in 1986 and thereafter filed an application before the Madhya Pradesh Ad…

Ludhiana Steel Private Ltd. disputed a bill from Punjab State Electricity Board for electricity supplied between 6 Oct 1986 and 16 May 1988, alleging the meter under‑recorded consumption. The company sought injunctions and approached the Electrical Inspector under Section 26(6) of the Indian Electricity Act, but the In…

The State of Karnataka appealed against a Karnataka High Court judgment that acquitted Appa Balu Ingale and others of offences under Sections 4 and 7 of the Protection of Civil Rights Act, 1955. The accused were alleged to have used a gun threat to prevent Harijan (Dalit) villagers from drawing water from a newly dug b…

The petitioners, builders in Pune Cantonment, sought to have building plans submitted before the 1982 scheme of building restrictions sanctioned, arguing that the condition of converting their land to freehold and paying conversion charges was not a prerequisite. The Cantonment Board required conversion and full paymen…