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362 judgments · newest first · showing 201–362
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. …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
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 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 …
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 …
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 …
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 …
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 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 …
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 …
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 …
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 …
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 …
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 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 …
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 …
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. …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 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 …
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 …
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 …
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 …
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 …
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) …
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 …
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 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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
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, …
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) …
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 …
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 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 …
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 …
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 …
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 …
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 …
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 …
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 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 …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 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 …
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 …
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 …
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 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 …
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 …
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 …
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 …
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 …
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 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 …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
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, …
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 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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
