Judgments of 1993

The Supreme Court examined whether the administrative instructions issued by the Comptroller and Auditor General (CAG) on 21 March 1978, which prescribed a minimum period of service for Section Officers to be eligible for promotion to Accounts Officer, were inconsistent with the Indian Audit & Accounts Department Recru…

The case concerned the appointment of the Director, Higher Education in Orissa under the Education Service Rules. The 1990 rules required three years' service as Principal (Grade‑I) and allowed relaxation if insufficient candidates were available. The 1992 amendment introduced a non‑obstante sub‑rule permitting appoint…

Modi Industries Ltd. (the appellant) operated a manufacturing unit where a dispute between management and trade unions led to a halt in production from 21 December 1990 to 3 March 1991. The company refused to pay wages for this period, prompting the Additional Labour Commissioner to issue a notice under Section 3 of th…

The Supreme Court examined compensation for several plots of land acquired for a printing‑machinery factory. The lands, owned by three different claimants, differed in location, size and shape. The Land Acquisition Officer and the Punjab‑Haryana High Court had fixed a uniform market‑value rate per unit area, and had al…

The appellants owned a 30,885‑sq‑yd plot registered as agricultural land but located within municipal limits. They obtained permission under Section 63 of the Bombay Tenancy and Agricultural Lands Act to sell the land for non‑agricultural use and sold it to a housing cooperative in May 1969. The Income‑Tax authorities …

Shriyans Prasad Jain, a former officer of Dalmia Cement & Paper Marketing Co., was paid Rs 7 lakhs on termination of his services and claimed the sum was compensation for loss of employment, exempt under section 7 of the Income‑Tax Act, 1922. The assessment tribunal, High Court and the Supreme Court initially held the …

The case concerned two ocean‑going vessels imported in 1968 under a customs exemption for ships not imported for breaking up. When the vessels were later scrapped in 1983‑84, the ship owners argued that duty should be calculated on the 1968 import value, while the Union of India contended that the exemption notificatio…

The Delhi Development Authority (DDA) framed a chargesheet against Executive Engineer H.C. Khurana on 11 July 1990 and dispatched it on 13 July, but personal service was delayed until 25 January 1991 due to his medical leave. The Departmental Promotion Committee (DPC) met on 28 November 1990 and, invoking the "sealed c…

The plaintiff filed a suit on the last day of limitation against a deceased defendant, Mariappa Gounder, for a promissory note. After learning of the defendant's death, the plaintiff sought to substitute the deceased's heirs as parties. The trial court dismissed the applications, holding the suit barred by limitation, …

Harbans Lal was arrested in March 1970 and a large quantity of gold and currency was seized under Section 110 of the Customs Act, 1962. The Collector extended the six‑month seizure period by another six months through an ex‑parte order without giving the appellant notice or a hearing, and later issued a show‑cause noti…

A petition under Section 7(1) of the Sikh Gurdwara Act, 1925, was filed by more than fifty Sikh worshippers seeking a declaration that Gurdwara Sahib Bara was a Sikh Gurdwara. The respondent, Mihan Singh, claimed hereditary rights and objected under Section 8, asserting the shrine was not a Sikh Gurdwara. The Sikh Gurd…

The appellants operated video parlours that exhibited pre‑recorded films using VCR/VCP and a TV projector onto a separate 100‑120 inch screen, with seating capacities exceeding fifty. The Punjab Exhibition of Films on Television Screen through Video Cassette Players (Regulation) Rules, 1989 limited licences to premises…

The appellants operated video parlours in Haryana, exhibiting pre‑recorded films through VCRs/VCPs without obtaining licences under the Cinematograph Act, 1952 and the Punjab Cinemas (Regulation) Act, 1952. They sought a writ from the High Court contending that a VCR does not fall within the definition of "cinematograp…

M/s Regal Video operated a video parlour in Haryana, exhibiting pre‑recorded films through a VCR/VCP and a video projector onto a separate wide screen. The Haryana government, by a 1989 notification, amended the Punjab Cinemas (Regulation) Rules, 1952 to include Rules 98‑100 dealing with video‑cinemas. The appellant co…

The appellants operated a video cinema using an ENTEL video projector system that displayed pre‑recorded movies from VCR/VCP on a large separate screen. They obtained licences under the Maharashtra Cinemas (Regulation) Rules, 1966 (as amended) but a touring cinema licence‑holder challenged the validity of those licence…

The appellants, Jain Exports Pvt. Ltd. and others, imported two consignments of refined industrial coconut oil in 1982 under an Open General Licence, but the 1980‑81 Import Policy listed coconut oil as a canalised item that could be imported only through the State Trading Corporation. The Customs Collector ordered conf…

The petitioners, who held temporary licences as Customs House Agents, were denied regular licences after failing to pass the written and oral examinations prescribed under the Customs House Agents Licensing Regulations, 1984. They challenged (i) the interpretation of Regulations 8 and 9, arguing that candidates who cle…

The State of Maharashtra issued notices under Section 4 of the Land Acquisition Act, 1894 between 1968 and 1970 to acquire land covering 86 villages for the New Bombay township, with declarations under Section 6 in 1971‑72 and awards in 1985‑86. The land owners challenged the acquisition, alleging inordinate delay, tha…

The appellant owned a shop with a verandah that formed a continuous passage used by the public in Connaught Circus, New Delhi. The New Delhi Municipal Committee, invoking Section 171(4) of the Punjab Municipal Act, 1911, declared the verandah and similar ones as "public streets" for public safety and convenience. The a…

The Supreme Court entertained a contempt petition filed by S. Sarkar and others against the Railway Board and its officials for failing to implement the Court’s order dated 30 April 1990. That order had directed that the 204/206 Assistant Station Masters who had exercised their option before 1983 be treated separately …

The respondents, small‑scale manufacturers of single super‑phosphate (SSP) fertilizer, were entitled to a government subsidy provided they met the standards prescribed in the Fertilizer (Control) Order, 1985 under the Essential Commodities Act, 1955. The Government of Madhya Pradesh commissioned Project Development Ind…

V.K. Sood applied for the post of Examiner of Personnel in the Department of Civil Aviation but was not selected. He challenged the qualifications prescribed in the 1989 advertisement, alleging that the amendments to the 1969 rules were tailor‑made to exclude him. The issue was whether the President’s rule‑making power…

The dispute concerned agricultural lands in Karnataka that were originally hereditary Watans. Basappa Bheemappa, the former Watandar, re‑granted the lands under the Bombay Watans (Abolition) Act and subsequently sold them to the tenants, Huchappa Yellappa Radder and his father, on 31 March 1969. The plaintiff, Ningappa…

The Supreme Court examined the application of Silas Nelson, who sought migration from an unrecognised medical college in Dar‑es‑Salam to a recognised Indian medical college. The Medical Council of India (MCI) had rejected the migration, finding insufficient grounds and lack of equivalence, a decision the High Court lat…

The petitioners, led by R.K. Jain, sought the immediate appointment of a senior High Court judge as President of the Customs, Excise and Gold Control Appellate Tribunal (CEGAT) and an enquiry into alleged mal‑functioning. The government appointed Harish Chander, a senior vice‑president of the Tribunal, as President, pr…

The appellant, Rattan Lal Sharma, a principal of Dr. Hari Ram Higher Secondary School, was suspended and charged with twelve offences, including the alleged misuse of Rs.129.37 from an amalgamated fund. An enquiry committee of three members, including Shri Maru Ram, was constituted; Maru Ram also acted as a witness for…

Sangita, a young married woman, was found burnt to death in the house of her in‑laws on the night of 14‑15 September 1984. She had previously complained of dowry‑related harassment and physical abuse by her husband, father‑in‑law, mother‑in‑law and sister‑in‑law. The trial court acquitted all four accused of murder, co…

The petitioners, late freedom fighters who participated in the Arya Samaj Movement in the former Hyderabad State, sought pension under the Freedom Fighters Pension Scheme, 1972. The Union of India contended that the petitioners had filed their applications after the prescribed deadline and had not produced the requisit…

The appellant, Surrender K.L. Garg, was convicted for cheating the Uttar Pradesh Small Industries Corporation by creating a fictitious firm, Seemak Industrial Corporation, and obtaining a loan of Rs 39,352.50. He was found guilty under IPC sections 120‑B, 419, 420, 468 and 471 and sentenced to rigorous imprisonment for…

The appellant holding company, which had received Rs 10 crore through chit subscriptions by its subsidiary, failed to pay the subscribers the promised prize money, leading to winding‑up proceedings against the subsidiary. The Kerala High Court held the winding‑up order in abeyance on the condition that the holding comp…

Dr. N. Singh, a biochemist attached to Rajendra Medical College, applied for registration as a teacher candidate for the M.D. (General Medicine) examination. The University and the High Court held that he was not a teacher and had not completed the requisite three years of training, including housemanship, and conseque…

Goutam Kundu, husband of the second respondent, was ordered to pay maintenance under s.125 CrPC to his wife and their child. He contested the child's paternity and applied for a blood‑group test of the wife and child, arguing that proof of non‑paternity would relieve him of the maintenance liability. The trial court di…

The appellants, former employees of Bank of Indore Limited who were transferred to the State Bank of Indore under the State Bank of India (Subsidiary Banks) Act, 1959, were retired after completing 30 years of service, before reaching the statutory retirement age of 58 prescribed in Section 11(1) of the Act. They chall…

The Railway Board issued a tender for 1,900 cast steel bogies, receiving identical low bids from three large manufacturers (H.D.C., Mukand, Bhartiya) and higher bids from nine others. The Tender Committee, suspecting a cartel, recommended a reduced price of Rs. 76,000 and later a dual pricing scheme: Rs. 65,000 for the…

The Bihar Government advertised for 32 Additional District and Sessions Judge vacancies and selected 32 candidates from a merit list of 129. The Patna High Court, relying on a resolution, held that the remaining candidates should be considered for future vacancies and directed the State to fill one‑third of the direct‑…

The State of West Bengal (Public Works Department) and National Builders disputed a claim arising from the construction of a 250‑bed hospital. Clause 25 of their contract appointed the Chief Engineer as sole arbitrator, who in turn nominated a Superintending Engineer. After 59 sittings the arbitrator refused to resign,…

The landlord filed a suit for ejectment and recovery of rent arrears against the tenant. The tenant applied for time to file a written statement and to deposit the entire arrears under Section 20(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming that the deposit was made befo…

The Bihar Finance Service House Construction Cooperative Society, a cooperative society of land‑less members, applied to the State Government for acquisition of 59.95 acres to provide housing. The Government issued a Section 4 notification, entertained objections under Section 5A, and then declared acquisition under Se…

The appellant, an ex‑Air Force officer, was initially appointed as a temporary jailor on 27 June 1969, later transferred to a District Probation Officer (D.P.O.) post, and subsequently re‑appointed as a jailor on several occasions. He sought regularisation of his jailor service from the original appointment date so tha…

The petitioners, members of the teaching staff, sought a writ of quo warranto to remove the principal of a private aided school on the ground that he lacked the essential academic qualification of a II division Master's degree, possessing only a third‑class M.A. but an II division M.Ed. The High Court dismissed the pet…

The Supreme Court examined the seniority of several non‑State Civil Service officers appointed to the Indian Administrative Service by selection. The officers claimed earlier "year of allotment" based on their prior service, challenging the Government's reliance on the proviso to Rule 3(3)(c) of the Seniority Rules, 19…

The assessee firm claimed a cash loan of Rs 50,000 from a Calcutta company and claimed interest deductions for several years. The Income‑Tax Officer (ITO) in Azamgarh, after receiving a specific letter from the ITO in Calcutta stating that the Calcutta company was merely a name‑lender and had not advanced any money, fo…

The Supreme Court examined the constitutional validity of the Chit Funds Act, 1982, challenged by various chit fund companies and individuals on the grounds that it infringed their right to carry on business under Article 19(1)(g) and that Parliament lacked legislative competence, alleging the Act dealt with money‑lend…

The petitioners, who were already serving as Superintendents Grade II, challenged the promotion of former Secretarial Assistants (respondents 2‑13) to Superintendent Grade I. They argued that the note in Schedule VII, Column II of the 1981 Recruitment Rules, which allowed the Assistants’ service between 1 January 1973 …

Saru Smelting (P) Ltd. appealed against the Commissioner of Sales Tax, Lucknow, contending that its phosphorous bronze, made of copper, tin and a small amount of phosphorous, fell within entry 2(a) of Notification No. ST‑II‑333/X‑1012‑1971 and was therefore liable to a reduced sales‑tax rate of 1%. The respondent argue…

The case concerned the determination of ceiling area for Raghubir Singh under the Rajasthan Tenancy Act, 1955, where the Sub‑Divisional Officer (SDO) treated the father and his minor son Surendrapal Singh as separate units and allotted each 62 bighas 8 biswas. Raghubir Singh appealed the SDO's order, which was upheld b…

The landlord filed an eviction suit under Section 12(3) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, which was settled by a compromise decree granting the tenant a grace period to pay arrears and vacate by 10 October 1970, with a concession that the landlord would not execute the decree if the …

The All India Imam Organisation filed a writ petition under Article 32 seeking basic wages for imams serving in mosques, alleging exploitation and a disparity between their duties and remuneration. The Union of India and various State Wakf Boards contended that imams are appointed by mutawallis or local communities, pe…

The petitioners, former casual labourers of the South Eastern Railway appointed between 1964‑69 and retrenched between 1975‑78, sought inclusion in the live casual labour register and re‑employment according to seniority, also requesting that vacancies not be filled from the open market. They relied on Railway Board ci…

The petitioners, manufacturers of vegetable oil, challenged the levy and collection of the vegetable oils cess for the period 1 March 1986 to 31 March 1987, contending that the Finance Minister’s 1986 budget speech and a subsequent Directorate of Vanaspati letter had dispensed with the cess and that exemption powers un…

The case involved six accused, including Hari Singh, Satbir and Gulbir, who were convicted of murder under Section 302 read with Section 149 of the IPC for the death of Mange Ram. The trial court and High Court upheld the convictions, but the Supreme Court was asked to consider whether the earlier rejection of Special …

The appellant was selected by the Union Public Service Commission for the post of Senior Public Prosecutor, CBI, and was medically declared fit, but no appointment order was issued while other candidates were appointed. After unsuccessful representations to the Director, CBI and the Government of India, he filed a mand…

The State of Karnataka appealed against Sunagar Bros., who had challenged a best judgment assessment for the year 1972-73. The first and second appellate authorities dismissed the appeal on the ground that the assessee had not paid the tax "not disputed in appeal". The Karnataka High Court reversed this, holding that t…

The assessee, a private limited company, paid cash commissions on sales to its directors in addition to their salaries. The Income Tax Officer treated these commissions as perquisites and disallowed them under section 40(a)(v) of the Income‑Tax Act for AY 1971‑72 and under section 40(A)(5) for AY 1972‑73. The Appellate…

The respondents entered into an agreement to sell 294 acres of land to a sugar company and handed over possession. The company later declared the land as surplus under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, and surrendered it. The Primary Land Tribunal held that the respondents we…

The University of Rajasthan advertised ten Assistant Professor posts requiring a doctorate or equivalent research and a second‑class master's degree. Six candidates were appointed from the general category, but most lacked a doctorate at the application deadline, and the university relaxed qualifications without explic…

Rameshwar Dayal, claiming ownership of a house, had earlier obtained an eviction decree against tenant Habib and sub‑tenant Banda from a Small Causes Court. Banda later sued Dayal asserting title to the property and seeking a declaration that the earlier eviction decree was a nullity and an injunction against disposses…

The appellant, a landlady, sought determination of reasonable rent under Section 43-B of the Bombay Tenancy and Agricultural Land Act, 1948, alleging that the contractual rent was inadequate. The respondents, tenants, contended that they became absolute owners of the land on the tiller's day (1 April 1957) under Sectio…

Five suits were filed by appellants seeking declaration that they became Khatedars under Section 5(4) of the Rajasthan Zamindari and Biswedari Abolition Act, 1959, based on possession evidenced by jamabandi records. The closest jamabandi to the abolition date was not produced, and oral evidence was used. The Assistant …

Brace Transport Corporation of Monrovia sold a vessel to Orient Middle East Lines Ltd. and its nominee under a contract that provided for arbitration in England. An arbitral award granted the appellant a monetary sum, part of which remained unpaid. The vessel was subsequently sold to a third respondent (an Indian gover…

Guru Amarjit Singh sued Rattan Chand and others for ejectment, alleging that a 1905 lease between his grandfather and the respondents' predecessors created a landlord‑lessee relationship and that the respondents forfeited the lease by selling the land, denying the landlord's title and claiming ownership under the Punja…

The Uttar Pradesh Avas Evam Vikas Parishad Act, 1965 authorised acquisition of land for a housing scheme and issued notifications under its Sections 28(1) and 32(1). The State later issued acquisition notices under the Land Acquisition Act, 1894. The appellants challenged whether the three‑year limitation in the first …

The appellants were detained under the Gujarat Prevention of Anti‑Social Activities Act, 1985 (PASA) as "property grabbers" and challenged the detention orders. The High Court upheld the orders, but the Supreme Court examined the constitutional validity of PASA, the legality of delegating detention power to district ma…

Kikar Singh was convicted of murder for repeatedly striking his unarmed neighbour with a spade, causing three injuries, the third of which severed the victim's neck and was deemed sufficient to cause death in the ordinary course of nature. The appellant argued that the killing occurred in the heat of passion during a s…

The Supreme Court examined the scheme devised by the Delhi Municipal Corporation (MCD) for granting Tehbazari (market) permission to squatters and hawkers under the Delhi Municipal Corporation Act. The Court clarified that the MCD's sub‑classification of squatters—those possessing a survey‑report receipt versus those p…

The respondent, Kewal Kumar, a Deputy Chief Electrical Engineer, was considered for promotion to Senior Administrative Grade by the Departmental Promotion Committee (DPC) on 23‑Nov‑1989. A decision to initiate disciplinary proceedings against him for a major penalty had been taken on 20‑Nov‑1989, based on a CBI‑registe…

C.L. Verma, a Western Railway employee, was dismissed without being furnished a copy of the enquiry officer's report. He challenged the dismissal before the Central Administrative Tribunal, which set aside the dismissal on the ground that the report had not been supplied, relying on Union of India v. Mohd. Ramzan Khan.…

The Sarva Shramik Sangh, a labour union, sought dearness allowance for daily‑rated workers at the same rate as monthly‑rated workers, retrospectively from 15 November 1965. After failed conciliation in 1965‑67, the union reiterated the demand in a 26 April 1968 memorandum, leading to a government reference to the Indus…

The landlords (Madan Mohan and another) sought eviction of tenant Krishan Kumar Sood under the Himachal Pradesh Urban Rent Control Act, 1987 for non‑payment of rent. The Rent Controller ordered eviction on 29 July 1986, allowing the tenant 30 days to pay the "amount due". The tenant deposited Rs 8,500, which the landlo…

The petitioners, owners of arc/induction furnaces classified as large industrial power (LIP) consumers, challenged the Delhi Municipal Corporation's (DMC) resolution that raised the minimum consumption guarantee charges from Rs. 40 to Rs. 340 per KVA for such furnaces. They argued that the increase violated Section 21(…

The petitioners, Ahmedabad Manufacturing and Calico Printing Co. Ltd. and others, challenged the levy of central excise duty on the weight of yarn after it had been sized for weaving, contending that duty should be based on the unsized yarn. The High Court had ordered a refund, but the Government retrospectively amende…

Gulraj Singh Grewal rented a building in Ludhiana from Dr. Harbans Singh and his son. The landlords sought eviction on three grounds under the East Punjab Urban Rent Restriction Act, 1948: personal need, change of user, and impairment of value. The Rent Controller dismissed the petition; the appellate authority found p…

The landlord leased a premises in Chandigarh to the tenant for residential use, but the tenant's husband, a lawyer, set up a small office in part of the premises. The landlord sought eviction under section 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, alleging a change of user without written consent. The…

The case concerned a supplemental agreement dated 26 September 1991 by which Mahanagar Telephone Nigam Ltd. (MTNL) awarded Sterling Computers Ltd. the right to print and publish telephone directories for Delhi and Bombay for the period 1991‑1998, without inviting fresh tenders. The original contract with United India P…

George Kutty Kuncheria, an Indian citizen, was arrested in Kerala following a U.S. request for his extradition on charges of embezzlement and related offences. The United States supplied authenticated documents, and the Indian Government ordered a magisterial inquiry under the Extradition Act, 1962. The appellant chall…

Jodha Ram, a small landowner, sought eviction of tenants Loti Ram and Rup Ram under Section 9(1)(i) of the Punjab Security of Land Tenures Act, 1953, claiming his title remained despite the land being declared surplus. The Collector and higher authorities rejected his claim, holding that surplus land is to be utilized …

Bakshish Singh, a fitter, resigned after more than ten years of service and claimed gratuity under Section 4(1)(b) of the Payment of Gratuity Act, 1972. The Controlling Authority awarded him gratuity, but the employer challenged the award, and the High Court struck down Section 4(1)(b) as an unreasonable restriction on…

Anil Kumar Sawhney and Gulshan Rai, shareholders of a private company, settled a dispute by a deed of compromise wherein Sawhney would transfer his shares to Rai for Rs.10 lakh payable by eight post‑dated cheques. Several of those cheques, dated in 1991, were later returned unpaid with the endorsement "not arranged for…

The dispute concerned a double‑storeyed building within the Jallowkhana complex at Kapurthala, occupied by the Punjab Public Works Department. Brigadier Sukhjit Singh, a heir‑apparent of the erstwhile Maharaja, claimed ownership based on a 1925 farman that vested the entire complex in each succeeding heir, while the St…

Chand Dhawan (wife) appealed against the Punjab & Haryana High Court’s order dismissing her claim for permanent alimony under Section 25 of the Hindu Marriage Act and also setting aside the maintenance pendente lite granted under Section 24. The wife had filed a petition for permanent alimony and maintenance after a di…

The State of West Bengal sought the appointment of an arbitrator under clause 25 of a contract, but the Chief Engineer failed to act, prompting the respondent to approach the High Court. A Single Judge of the Calcutta High Court revoked the Chief Engineer's authority and appointed Shri D.K. Roy Chowdhury as sole arbitr…

The Supreme Court examined the method for fixing market value of 90 acres of land acquired under the Land Acquisition Act, 1984. The claimants relied on various sale deeds, including a recent high‑price transaction, while the State relied on mutation entries. The Court held that only bona‑fide sales of comparable land …

The petitioners, Subhash Photographies, imported photographic machinery and claimed a concessional customs duty by classifying the equipment as "industrial plant" under Heading 98.01 of the Customs Tariff Act, 1975. The Customs authorities treated the machinery as falling under Chapter 90, levying a higher duty. The Ce…

Air Vice Marshal S.L. Chhabra, who had cleared all prior promotion grades, was considered by the Selection Board for promotion to Air Vice Marshal in 1987 but was not recommended because only one appraisal report was available and his performance was to be watched for a year. Adverse remarks in his 1986 appraisal were …

The appellant, Sarbir Singh, was convicted of murder under Section 302 IPC for the killing of his friend Paramjit Singh, based solely on circumstantial evidence. The prosecution established a chain of events showing the two traveling together, the appellant being seen with blood‑stained hands after the incident, and th…

The Supreme Court examined whether gur‑lauta, raskat, rab‑galawat and rab‑salawat—inferior forms of gur and rab derived from sugarcane or molasses—constitute "agricultural produce" under Section 2(a) of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 and are therefore liable to market fee. The High Court Full Be…

The appellants, Kishun Singh and others, were not named in the charge‑sheet filed after a police investigation of a murder, but were listed in the FIR. The Sessions Judge, after the case was committed to his court under Section 209 of the CrPC, impleaded them as co‑accused under Section 319 before any trial evidence wa…

The dispute between Jagdish Chander Bhatia and Lachhman Das Bhatia over shares in two houses was referred to arbitration by the Supreme Court, which appointed a retired chief justice as sole arbitrator. The arbitrator issued a speaking award allocating specific shares based on contributions to the purchase price, witho…

Six brothers who were partners in two firms entered into arbitration to resolve disputes. The arbitrators awarded a division of the firms' assets, including immovable properties, among the brothers upon dissolution. A Single Judge ordered the award to be registered before it could be made a rule of court; the Division …

The Supreme Court examined the constitutional validity of Sections 4, 4‑A and 5 of the Andhra Pradesh Entertainment Tax Act, 1939 (as amended by Act 24 of 1984 and later amendments) which levy tax on cinema shows based on a percentage of the gross collection capacity per show and provide an optional weekly consolidated…

The petitions filed by Sikkimese of Nepali origin challenged the reservation of twelve seats for Bhutia‑Lepcha and one seat for the Buddhist Sangha in the Sikkim Legislative Assembly, arguing that these provisions violated Articles 14, 15(1), 325, 332(3) and the basic structure of the Constitution. The Court examined w…

The respondents, who are clearing and forwarding agents (dalals), challenged Section 38 of the Haryana General Sales Tax Act, 1973 and Rule 53 of the 1975 Rules, which required them to obtain a licence, furnish transaction particulars and face a penalty of 20% of the value of goods for non‑compliance. The Punjab & Hary…

Harnam Singh, a government servant who joined in 1956, discovered that his date of birth recorded in his service book (20‑May‑1934) differed from that on his matriculation certificate (7‑Apr‑1938). He sought correction in 1991, just months before his scheduled superannuation, but the department rejected his request cit…

Labh Chand, an executive engineer of the Uttar Pradesh Government, sought voluntary retirement but was compulsorily retired by the Governor under Financial Rule 56. He first approached the Allahabad High Court with a writ petition, which a Division Bench dismissed for not exhausting the alternative remedy before the Ut…

Saraswati and others filed a suit in a civil court for redemption of a mortgage on agricultural land, alleging that the mortgagee (the father of the original defendant) had taken possession and refused to surrender it. The defendants contended that the civil court lacked jurisdiction under Section 99 of the Andhra Prad…

The Supreme Court examined a writ petition challenging Karnataka's Government Order No. 87 PRU SE BHA 88, which mandated mother‑tongue as the medium of instruction in classes I‑IV and made Kannada optional from class III for non‑Kannada speakers, with Kannada becoming a compulsory second language from class V. The peti…

The Bihar State Subordinate Services Selection Board advertised for Assistant posts, held an examination in 1987 and declared results only in 1990, empaneling 309 candidates for 357 vacancies. The empanelled candidates sought appointment, but the State Government refused and ordered a fresh advertisement. The Patna Hig…

The appellants, a partnership firm, were searched under section 132 of the Income‑Tax Act on 28 October 1975 and cash, jewellery, diamonds and books of account were seized. On 31 December 1975 they filed a declaration of concealed income under section 3(1) of the Voluntary Disclosure of Income and Wealth Ordinance/Act …

The appellants were appointed Assistant Engineers Class II of the Haryana State Electricity Board after completing an apprenticeship, with a notional seniority date of 1 January 1969, while the respondents were appointed between October and December 1968. The appellants contended that, because they completed their appr…

Satyanarain Bajoria, the judgment debtor, claimed that a decree against him had been satisfied, but the decree-holder later filed a fresh execution proceeding more than two years after the original decree and auctioned Bajoria's land for a fraction of its market value. The sale was conducted without proper service of n…

The Supreme Court heard a petition filed under Article 32 by the environmental NGO Tarun Bharat Sangh, seeking to stop illegal mining in the Alwar Tiger Reserve, which is also a sanctuary, national park and protected forest under various statutes. The Court examined whether the mining leases granted by the Rajasthan Go…

Dr. P. Kamalasanan obtained an LPG connection through Karthika Gas Agency, an authorized distributor of Indian Oil Corporation, but did not receive a subscription voucher. When he sought regularisation of the connection, the corporation refused, prompting a complaint before the Consumer Redressal Forum alleging deficie…

The appellant, J.P. Daftari, was elected Sarpanch of Seloo Gram Panchayat by secret ballot, but the election was set aside by the Collector because no member had demanded a secret ballot, as required by Rule 10(2) of the Bombay Village Panchayat (Sarpanch and Upa‑Sarpanch) Election Rules, 1964. The Commissioner upheld …

The Supreme Court examined the appointments of six doctors as ad‑hoc lecturers under the Jammu & Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979. The State Government had relaxed the recruitment rules to regularise two of them and the High Court quashed all appointments, directing that vacancies be…

The Punjab & Haryana High Court Bar Association filed a public‑interest writ petition seeking a judicial enquiry into the abduction and alleged murder of Advocate Kulwant Singh, his wife and child, which had triggered a prolonged strike by lawyers. The High Court admitted the petition but a five‑judge bench later dismi…

The Supreme Court was asked to resolve the impasse over admission and fee structures in private professional colleges after the Government of India had permitted admission of foreign students up to 50% of seats. The Court held that, in view of the J.P. Unnikrishnan judgment, such permission could not be enforced for th…

The landlord K. Sudarshana Rao filed an eviction petition under Section 10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, claiming a bona‑fide need for a non‑residential building to store fire‑clay. The tenant D. DevaJi had agreed to a rent increase, but the landlord demanded a…

Prof. Sumer Chand was acquitted of several IPC offences after being prosecuted by police officers. He subsequently filed a civil suit for Rs. 3,00,000 damages alleging malicious prosecution against the police officers who had registered the false report and filed the challan. The respondents contended that the suit was…

The Uttar Pradesh Government, by the Excise (Amendment) Ordinance 1972, inserted Section 24‑A in the Uttar Pradesh Excise Act, 1910, enabling it to grant shop licences for the retail sale of foreign liquor on the basis of a 'licence fee' (auction highest bid) or a 'fixed fee' (determined by the Excise Commissioner). Th…

Brahmadeo Singh, a coparcener in a Mitakshara joint family, filed a suit for partition of his share. The suit was dismissed and while the appeal was pending he died. His alleged daughter, Pavitri Devi, filed an application for substitution, claiming she was his heir and that a registered gift deed dated 5 August 1980 c…

The case concerned a usufructuary mortgage created in 1947 and a second mortgage in 1966, where the mortgagee filed a redemption suit and obtained a preliminary decree requiring payment by May 6, 1970. The mortgagee later withdrew an earlier interlocutory application and, after the mortgagor purchased the property, fil…

The Supreme Court examined whether the construction of a dam or the laying of foundations by pressure piling could be treated as "manufacture or production of articles" under Sections 80HH(2)(i) and 84(2)(iii) of the Income‑Tax Act, 1961, and whether machinery used for dam and canal construction qualified for investmen…

The case concerned the inter‑se seniority of two officers appointed to the Punjab Superior Judicial Service in 1986 – the appellant, a general‑category candidate, and respondent No.3, a Mazhbi Sikh (Scheduled Caste). The dispute arose over which roster points (7 or 9) the two Scheduled‑Caste appointees – Shri G.S. Samr…

Bharat Beedi Works (P) Ltd., a private limited company, paid annual royalties to a partnership firm for the use of its brand name. The three partners of the firm were also directors of the company. The Income Tax Officer allowed the royalty deductions, but the Commissioner disallowed them under Section 40(c) of the Inc…

D.K. Yadav, a workman of J.M.A. Industries Ltd., was deemed to have abandoned his post after being absent for more than eight days and was terminated under clause 13(2)(iv) of the company's certified standing orders. The employer did not conduct a domestic enquiry nor gave Yadav an opportunity to be heard, and the Labo…

The respondent engaged the appellant as counsel in a suit that was later compromised, directing the appellant to withdraw Rs 50,379 from the court receiver and remit the amount to the respondent. The appellant withdrew the money but paid only Rs 18,000, retaining the balance. A complaint was filed before the Bar Counci…

Inacio Martins filed a suit for declaration and injunction concerning his tenancy of a coconut grove, which was dismissed because he was not in possession. He subsequently filed a suit for restoration of possession, alleging unlawful dispossession by the defendants. The defendants contended that the second suit was bar…

The case concerned six accused, including Kapildeo Singh, charged with the murder of Shyamdeo Singh and grievous injuries to Rajmani Devi. The trial court acquitted them, the High Court reversed the acquittal, and the Supreme Court examined the appeal. The Court evaluated the admissibility of a post‑FIR statement, the …

Minerals and Metals Trading Corporation (M.M.T.C.) acted as the intermediary in a private barter scheme through which Ferro Alloys Corporation exported manganese and chrome concentrates. The parties executed contracts whereby title to the goods passed to M.M.T.C., which issued letters of credit, shipping documents and …

The Supreme Court examined the sluggish implementation of the Consumer Protection Act, 1986, specifically the failure of many States and Union Territories to establish District Forums as mandated by Section 9. The petitioners, a registered society, sought directions under Article 32 to compel the governments to set up …

The appellants and the first respondent disputed possession of a house. The respondent filed a criminal application under Section 145 of the CrPC, and the Sub‑Divisional Magistrate attached the property under Section 146, directing that the attachment continue until a competent civil court determined the parties' right…

The case concerned the constitution of the Selection Committee for the post of Additional Chief Engineer (Level‑II) in U.P. Jal Nigam. The petitioner, G. Gupta, claimed that the 1989 Committee was invalid because the Chairman of the Jal Nigam was nominated as the "expert" instead of a technical engineering specialist, …

This public interest litigation concerned the appointment of judges to the Supreme Court and High Courts, and the transfer of High Court judges. The case was referred to a nine-judge bench to reconsider the majority view in S.P. Gupta v. Union of India (1982), which held that the Central Government had primacy in judic…

United Bank of India sued the Official Liquidator of Naskarpara Jute Mills Ltd., which was in liquidation, to recover a debt and to prevent the sale of the mortgaged land. The High Court, acting under Section 535 of the Companies Act, ordered the liquidator to disclaimer the lease of the land on the ground that it was …

The petitioners were employees of the Calcutta Municipal Corporation who retired before 1 April 1977 and received only provident fund benefits, as no pension scheme existed then. In 1982 the Corporation framed the Death‑cum‑Retirement Benefit Regulations, which introduced a pension scheme effective from 1 April 1977, w…

The appellant's property was requisitioned under the Defence of India Act, 1962 and later acquired under the Requisitioning and Acquisition of Immovable Property Act, 1952. An arbitrator fixed compensation of Rs.2,50,000 for the building and Rs.7.50 per sq. yard for the land, but the Rajasthan High Court reduced these …

Brakes India Ltd paid a foreign technical director a total remuneration of Rs 66,000, of which Rs 28,576 were perquisites. The Assessing Officer disallowed the portion of perquisites exceeding one‑fifth of the salary under Section 40(c)(iii) of the Income‑Tax Act, 1961. The Appellate Assistant Commissioner allowed the …

Salem Cooperative Central Bank, a cooperative society engaged in banking, received Rs. 19 as interest on a security deposit with an electricity distribution company. The Income Tax Officer treated the amount as income from other sources and levied an additional surcharge under the Finance Act. The Appellate Assistant C…

The appellants, owners of hotels and restaurants in Kerala, were granted FL‑3 foreign liquor licences under Rule 13(3) of the Kerala Foreign Liquor Rules, 1974, for the financial year 1992‑93. A government order dated 9 November 1992 cancelled all such licences for that year, and the licences were withdrawn. After the …

The Lucknow Development Authority (LDA) developed a housing scheme and allotted a flat to M.K. Gupta, who paid the full price but was not given possession because construction was incomplete. Gupta filed a complaint before the District Forum under the Consumer Protection Act, 1986, alleging deficiency in service, delay…

The Gujarat Housing Board Engineers Association and certain board employees challenged a direction from the Gujarat State Government that the Board appoint an officer from the State's Building and Communication Department on deputation to the post of Assistant Housing Commissioner (Technical). The High Court dismissed …

The plaintiffs, originally appointed as Lecturers in a private college that was later taken over by the Haryana Government, claimed they had been promoted to Senior Lecturers under the UGC scheme and that the Government’s regularisation of them as Lecturers amounted to a demotion. The Court examined the statutory order…

The New Central Jute Mills Ltd. sued VEB Deutfracht Seereederei Rostock (D.S.R. Lines) for delivering damaged spare parts. The defendant claimed to be a department of the German Democratic Republic (GDR) and invoked Section 86 of the Code of Civil Procedure, 1908, which bars suits against foreign states without prior c…

The appellants, Stridewell Leathers Ltd., filed a petition under Sections 397/398 of the Companies Act, 1956 before the Company Law Board concerning Shoe Specialities Pvt. Ltd., whose registered office was in Madras. The Board, sitting in Delhi, passed an order which a shareholder appealed to the Delhi High Court under…

Sabarkantha Zilla Kharid Vechan Sangh Ltd., a cooperative society dealing in agricultural implements, seeds, livestock and other articles, claimed exemption from income‑tax on its profits and gains under Section 81(i)(d) of the Income Tax Act, 1961. The Income‑Tax Officer held that the exemption applied only to the por…

The Union of India introduced an apprenticeship scheme for supervisory posts in ordinance factories, allowing successful apprentices to be appointed as Supervisor Grade ‘A’ or Chargeman Grade‑II based on examination results. In 1965 the Director General permitted certain Supervisors Grade ‘A’ who were borderline candid…

Approximately 800 railway employees were dismissed under Rule 14(2) of the Railway Service (Discipline and Appeal) Rules for taking part in a Loco Staff strike in January 1981. The disciplinary authority claimed that holding a departmental inquiry was not reasonably practicable, but no material was placed before it to …

The Supreme Court reviewed its earlier judgment in Subran and others v. State of Kerala after noting that paragraph 11 could be misinterpreted as a general statement of law. The case involved four appellants, including Subran, who were convicted of murder under Section 302 of the IPC. On review, the Court held that Sub…

The appellant, an NRI businessman, was charged with criminal conspiracy, cheating and forgery for a scheme hatched in Chandigarh that involved the issuance of foreign letters of credit and forged shipping documents in Dubai, resulting in a loss to Punjab National Bank. The trial court discharged the accused on the grou…

The State of West Bengal prosecuted Falguni Dutta and another for contravening orders under the Essential Commodities Act, 1955. The respondents were arrested on 16 March 1984, but the charge‑sheet was filed after the statutory six‑month period, and the Special Court under Section 12A took cognizance on 13 March 1987. …

The appellant Ram Asrey, along with Munni Lal and the now‑deceased Radhey Shyam, were charged with the murder of Gokaran Prasad on 24 November 1975. The trial court acquitted them for lack of proof, but the Allahabad High Court convicted Asrey and Munni Lal under Section 302 read with Section 34 IPC, sentencing them to…

The mother of two minor respondents sold their land to the appellant without obtaining court permission, though the deed was attested by the father. After attaining majority, the respondents sued for possession, claiming the sale was void. The appellant argued that the father's attestation made the sale a valid act of …

The appellant, a government officer in Jammu & Kashmir, was directed to procure an ice‑making plant of 70 kg capacity for a breeding station. He placed an order with M/s Ashoka Brothers and received a plant of only 35 kg capacity, yet paid the price for the larger plant. The Anti‑Corruption Tribunal charged him under c…

Surinder Pal Jain was charged with murdering his wife, Usha Jain, with the prosecution relying solely on circumstantial evidence such as a neighbor's call, dogs of a dog squad pointing to the accused, alleged injuries on the accused, and a purported disclosure statement leading to the recovery of the victim's ornaments…

In the 1990 Himachal Pradesh Legislative Assembly election from Chachiot, Motiram was declared elected. The election was challenged on the ground that the nomination of another candidate, Karam Singh, had been improperly rejected because he was alleged to hold an office of profit as Chairman of the Himachal Pradesh Kha…

The respondent, V. Sreekanta, was appointed as an Excise Inspector (Junior) on a purely temporary, ad‑hoc basis on 17 January 1968 as a "local candidate" through the Employment Exchange. In October 1971, he was regularised under the Karnataka State Civil Services (Direct Recruitment to Class III posts) (Special) Rules,…

The respondent, K.V. Mohan Rao, entered into a building contract with Nandyal Co‑Op Spinning Mills Ltd. that contained a clause mandating that all disputes be referred to a sole arbitrator appointed by the owner’s Administrative Head, with no objection to the arbitrator being the owner’s representative. After the Admin…

The State of Punjab sought royalty and mining licences for the removal of brick‑earth, classified as a minor mineral, from lands owned by private individuals in Gurdaspur. The brick‑manufacturers sued the State for perpetual injunctions, arguing that the State did not own the brick‑earth and therefore could not demand …

The Supreme Court heard a contempt petition filed by I. Manilal Singh, Secretary of the Manipur Legislative Assembly, who alleged that Dr. H. Borobabu Singh, the Speaker of the Assembly, had ordered his compulsory retirement as retaliation for implementing the Court’s earlier orders quashing the disqualification of cer…

The petitioner challenged two 1992 Ordinances that amended the Representation of the People Act, 1951 – narrowing the counter‑manding provision in Section 52 to only candidates of recognised political parties who die, and reducing the minimum interval between the withdrawal of nominations and polling from twenty to fou…

The plaintiff, Salil Dutia, sued T.M. & M.C. Pvt. Ltd. for ejectment on grounds of rent default and personal occupation. The suit, after a seven‑year pendency, was scheduled for final hearing on 9 June 1988, but the defendant failed to appear, relying on alleged advice from its counsel that it need not be present until…

The Supreme Court examined the constitutional validity of the Handlooms (Reservation of Articles for Production) Act, 1985 and the 4 August 1986 order reserving certain textiles for exclusive handloom production. Petitioners argued that the reservation created a monopoly, violated Articles 14 and 19(1)(g) of the Consti…

The Supreme Court examined the constitutional validity of Chapter III‑C of the Reserve Bank of India Act, 1934 (Section 45S and Section 58B(5A)) introduced by the Banking Laws (Amendment) Act, 1983, which limit the number of depositors an individual, firm or unincorporated association may accept and prescribe a two‑yea…

Shri Dulal Duti, a senior officer of the Indian Railway Stores Service, was served a compulsory retirement order dated 24 April 1990 after facing major penalty charge‑sheets. He challenged the order before the Central Administrative Tribunal (CAT) under Section 19 of the Administrative Tribunal Act, 1985, seeking its q…

Utkal University advertised for a Professor of Philosophy and a Selection Committee, constituted under Section 21(2) of the Orissa Universities Act, 1989, unanimously recommended Dr. Prafulla Kumar Mohapatra for the post. After the recommendation, three expert members of the Committee sent letters to the Vice‑Chancello…

In 1970 Harbansh Narain Lal Das was attacked, tied with a rope and dragged by three accused who also seized his pistol. The trial court convicted them of murder under Section 302/34 IPC and sentenced each to life imprisonment. The Patna High Court altered the conviction to culpable homicide not amounting to murder unde…

The Supreme Court examined appeals by the State of Tamil Nadu against a Madras High Court order that had quashed preventive detention orders issued under the Tamil Nadu Prevention of Dangerous Activities of Boot‑leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982, a…

The State initiated criminal proceedings under the Kerala Forest Act, 1961 against P. Mohammed Ali and others for manufacturing and possessing sandalwood oil. The accused contended that sandalwood oil is not "wood oil" as defined in Section 2(f)(i) of the Act and therefore the trial court lacked jurisdiction. The Supre…

The appellant, a director of Ideal Jawa (India) Ltd., was charged under Section 14A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 for failing to deposit EPF contributions for October‑December 1990. He contended that, as merely a director and not the occupier or manager, he was not an "employe…

The Supreme Court examined whether the Delhi Municipal Corporation Act, 1957 bars civil courts from entertaining suits challenging demolition orders of unauthorised constructions. It held that the Act creates a statutory scheme that ousts court jurisdiction, and suits are maintainable only if there is a prima facie jur…

The case concerned the constitutionality of the Punjab Village Common Lands (Regulation) Haryana Amendment Acts of 1974 and 1981, which sought to retrospectively bar civil courts from adjudicating disputes over village common lands (shamilat deh) and to empower Assistant Collectors to disregard earlier civil‑court decr…

The petitioners, former rulers of Indian princely states, challenged the Constitution (Twenty‑sixth Amendment) Act, 1971 which repealed Articles 291 and 362 and amended Article 366(22), thereby abolishing privy purses and royal privileges. They argued that the amendment violated the basic structure doctrine, exceeded P…

The respondents filed writ petitions challenging the extension of the Wealth Tax Act, 1957 to the State of Jammu & Kashmir, arguing that the Act falls under Union List Entry 86, which does not apply to the State under Article 370, and that it should be placed under Entry 97, rendering the extension ultra vires. The Hig…

The Supreme Court held that the right to education is a fundamental right flowing from Article 21, but it is limited to free education up to the age of fourteen and thereafter subject to the State’s economic capacity. The Court rejected the notion of a fundamental right to establish or obtain recognition for educationa…

The petitioners, Major Genl. B.M. Bhatiacharjee (Retd.) and another, alleged that Russel Estate Corporation and its managing partner had allotted two flats on the 8th floor to third parties in violation of a Supreme Court order dated 1 August 1991 which prohibited any further allotment of flats. The respondents contend…

The petitioners, members of the Thandan community in the erstwhile Malabar (Palghat) district of Kerala, challenged the State Government's 1987 order that sought to exclude them from Scheduled Caste (SC) status despite their inclusion in the Constitution (Scheduled Castes) Order. The State argued that Thandans in the M…

Wellman (India) Pvt. Ltd. entered into a settlement with its workers' union in 1966 that created an attendance bonus scheme, which became an express term of the employment contract. The company sought a declaration from the Employees' Insurance Court that the Employees' State Insurance Corporation (ESIC) could not dema…

The Steel Authority of India issued a price circular on 17 March 1989 offering an additional discount to any customer whose monthly off‑take of thinner gauge steel exceeded 400 metric tonnes. Six traders, after receiving a clarification letter dated 2 December 1989, formed a group and sought to avail the discount on th…

Shri Bhopal Singh Panchal, a Grade‑II Coin/Note Examiner of the Reserve Bank of India, was arrested in 1974 and placed under suspension under RBI Staff Regulations. He was later convicted and dismissed in 1977, but the High Court acquitted him, after which the Bank refused reinstatement citing Regulation 46(4) which re…

The State of West Bengal sought to vest an estate and its tank fisheries in the State under the West Bengal Estate Acquisition Act, 1953, extinguishing the rights of intermediaries. The respondents, who held lease‑hold rights to the tank fisheries, filed a writ petition to restrain the vesting and to retain possession.…

The assessees Chhathu Ram and others were assessed under the Indian Income Tax Act, 1922 for the year 1942-43, which included cash credits that were also taxed under the Excess Profits Tax Act. While appeals against the inclusion of these cash credits were pending, the assessees applied for and obtained a settlement un…

The respondent, Braithwaite & Co. Ltd., obtained a Rs 50 lakh term loan repayable in five instalments over a period of seven years and claimed the loan amount as part of its capital base to obtain the 10 % statutory deduction under Rule 1(v) of the Second Schedule to the Companies (Profits) Surtax Act, 1964. The Income…

The respondents, Agragamies of the West Bengal Civil Emergency Force, filed writ petitions seeking the same pay scale as firemen and leaders of the West Bengal Fire Service, arguing that they were similarly situated in terms of recruitment, qualifications and duties. The State Government contended that the two categori…

The case concerned the validity of the 1990 amendment to the Madras Corporation Engineering Service Rules which introduced a 3:1 ratio favouring graduate engineers over diploma‑engineers for promotion to Assistant Executive Engineer. The petitioners (graduate engineers) challenged the amendment as violative of Articles…

The Shakti Cooperative House Building Society, formed to allocate house sites to its members, became embroiled in internal disputes that halted plot allocation. The Registrar barred elections, a decision upheld by the Delhi High Court. A former High Court judge was appointed as Administrator to verify membership and pr…

The Andhra Pradesh Public Service Commission advertised 60 vacancies for Deputy Executive Engineers and, following Rule 4 of the Andhra Pradesh Engineering Service Rules, gave preference to candidates with post‑graduate qualifications. Graduates who scored higher marks were excluded, leading to challenges in the Admini…

R.S.D.V. Finance Co. deposited Rs.10,00,000 with Vallabh Glass Works for 90 days at 19% interest. When the deposit matured, the defendant failed to pay and issued five post‑dated cheques that later bounced, prompting a summary suit. The defendant argued that the deposit receipt’s endorsement "Subject to Anand jurisdict…

The appellant, Pulin Behari Pal, was a tenant of a shop premises that was purchased by the respondents in 1973. He had sub-let the premises in 1970 without the landlord's prior written consent and continued to pay rent until January 1975. The respondents served a notice to quit on the grounds of rent default and unauth…

The assessee, a partnership firm dealing in shares, bought all equity shares of a company in 1945 and treated those shares as stock-in-trade for tax purposes. When the company was liquidated, the liquidator distributed a surplus to the shareholders, and the assessee received Rs. 32,25,550. The Income Tax Officer includ…

The assessee earned long‑term capital gains in the accounting year relevant to AY 1970‑71 and had a carried‑forward long‑term capital loss from earlier years. He claimed a deduction under Section 80T of the Income‑Tax Act on the basis that the deduction should be computed on the gross capital gains before the loss was …

The State of Haryana prosecuted Manoj Kumar for the death of Chetan, alleging that Kumar repeatedly pursued the brothers on a motorcycle and deliberately ran Chetan over with his car, causing fatal injuries. The sole eye‑witness, Rohan, the victim’s brother, testified to the entire sequence of events, and his testimony…

The State of Kerala issued notifications under the Kerala Marine Fishing Regulation Act, 1980 prohibiting the use of mechanised fishing gears such as purse seine, ring seine, pelagic and mid‑water trawl within its territorial waters. The High Court struck down the ban beyond 10 km as an unreasonable restriction on the …

The case concerned promotion of Junior Engineers in the Electrical and Mechanical wings of the Uttar Pradesh Public Works Department to the post of Assistant Engineer. The State Government had issued an office memorandum on 7 January 1980 reducing the service‑experience requirement from ten to seven years, and the High…

The Karnataka Government amended its Public Works Engineering Department Service (Recruitment) Rules in 1985, backdating them to 1 January 1976 to allow Junior Engineers who obtained a degree to be transferred to the Assistant Engineer cadre with retrospective seniority and a one‑third service weightage. A group of dir…

The respondents, senior officers of the Delhi, Andaman & Nicobar Islands Civil Service, claimed that they should be deemed to have been appointed to the newly created Junior Administrative Grade (JAG) with effect from 1 January 1986, based on a 1987 memorandum and the 1988 amendment to the Service Rules. The Central Ad…

The petitioners were Sub‑Assistant Engineers who had been appointed as temporary Assistant Engineers on an ad hoc basis between 1972 and 1976, with extensions up to 26 February 1980. They sought seniority from the date of their initial ad hoc appointment, claiming they were direct recruits and not promotees. The State …

The appellant's father created three U.S. and two U.K. settlement trusts for family members and reported the trusts' income in his Indian tax returns from 1964‑65 to 1969‑70. After his death in 1969, the appellant filed returns for 1970‑71 including the same income and later contended that the trusts were discretionary…

The appellant, Harendra Nath Manda, was involved in a dispute over harvesting paddy crops with the complainant and his brother. During the confrontation the appellant allegedly struck the brother with a stick, but the victim survived. The Sessions Court convicted the appellant under section 307 read with section 34 (at…

The landlords (appellants) filed an eviction petition under Section 21(1)(a) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bonafide need for a shop premises. The prescribed authority dismissed the petition, but the appellate authority reversed the decision, holding the need…

U.P. Financial Corporation (U.P.F.C.) granted a loan of Rs. 29.70 lakhs to Gem Cap (India) Pvt. Ltd., which soon became a sick unit and defaulted on repayments. U.P.F.C. issued a notice under Section 29 of the State Financial Corporations Act, 1951 to take over the unit for recovery of Rs. 38.57 lakhs, prompting the co…

Heera Prasad, a State Bank of India employee, was charged with granting loans without proper documentation and receiving illegal gratification. An initial enquiry found him guilty and he was dismissed, but the Patna High Court set aside the dismissal, directing a fresh enquiry. The same enquiry officer conducted an "ad…

The appellant, a monthly tenant of an automobile garage, was served a notice under Section 106 of the Transfer of Property Act and faced an eviction suit. The trial court dismissed the suit on the ground of insufficient notice, but the appellate court reversed the decision and granted possession to the landlord. While …

The appellants owned a residential house from which Respondent No. 4, a tenant, was evicted after a civil decree in the appellants' favour. The appellants took physical possession with police assistance. Respondent claimed a sale agreement, filed a title suit, and later opened fire to retake possession, leading to a cr…

The Constitution Bench examined whether a delinquent employee is entitled to a copy of the Inquiry Officer's report before the disciplinary authority decides on guilt or punishment, especially after the 42nd Amendment removed the right to show cause on penalty. It held that when the Inquiry Officer is not the disciplin…

Bhuwneshwar Singh, a sepoy, was dismissed from service and sentenced to four months' rigorous imprisonment by a District Court Martial (DCM). He challenged the dismissal, conviction, and sentence in the Calcutta High Court, alleging violations of Army Rules and illegal pre‑trial detention beyond three months without Ce…

The Supreme Court examined whether the term "wheat" in Section 14(i)(iii) of the Central Sales Tax Act, 1956 includes flour, maida and suji. Dealers argued that these milled products remain wheat and should be treated as declared goods, thereby enjoying tax relief, while the states contended that the statute refers onl…