Judgments of 1994

The petitioner, Anil Kumar Mahsi, filed a writ petition under Article 32 challenging Section 10 of the Indian Divorce Act, 1869 as being discriminatory against husbands and violative of Article 14 of the Constitution. He sought dissolution of his marriage on the ground of his wife's desertion and contended that the Act…

The State of Gujarat alleged that several accused, including Gadhvi Rambhai Nathabhai, were involved in large‑scale smuggling and distribution of foreign‑origin arms, ammunition and cash, and were charged under the Arms Act, the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Customs Act. The …

Corporation Bank advanced an overdraft facility to D.S. Gowda for construction of flats, later securing the debt by an equitable mortgage and charging interest at 16.5% per annum with quarterly rests. The borrower contested the rate as excessive and argued that the RBI circulars and the Mysore Usurious Loans Act barred…

Morgan Stanley Mutual Fund, a SEBI‑registered domestic mutual fund, sought to issue a public fund scheme after obtaining SEBI approval for its draft scheme and advertising the issue. A prospective investor filed a petition before the Calcutta District Consumer Disputes Redressal Forum seeking an ex‑parte injunction res…

Madras Fertilizers Ltd. manufactured a mixed fertilizer (Vijay N.P.K.17-17-17) containing urea, potash, phosphoric acid, ammonia and ammonium phosphate formed during mixing, and claimed exemption from excise duty under Notification 25/70 of the Central Excise and Salt Act, 1944. The Assistant Collector denied the exemp…

The petitioners, wholesale liquor traders, challenged several Karnataka excise rules and a Kerala government order, alleging that they violated their fundamental right under Article 19(1)(g) to carry on trade or business in liquor and were inconsistent with Articles 14, 47, 300A, 301 and 304. The Constitution Bench was…

The Delhi Domestic Working Women's Forum filed a public interest litigation under Article 32 on behalf of four tribal domestic servants who were sexually assaulted by army personnel on a train, seeking a scheme for compensation and rehabilitation. The petition argued that the National Commission for Women (NCW) should …

The Supreme Court examined the constitutional validity of Section 3(c) of the Delhi Rent Control Act, 1958 (as amended in 1988), which excludes premises with a monthly rent exceeding Rs 3,500 from the Act’s protection. The appellants argued that the classification was arbitrary, violated Article 14, and was retrospecti…

The Supreme Court examined whether a corporation for whose benefit land was acquired under the Land Acquisition Act, 1894 qualifies as a "person interested" under Section 3(b) and as a proper party under Order I Rule 10 of the CPC. A notification acquiring 5,200 acres for the appellant corporation led to compensation a…

The Collector of Uttar Pradesh passed awards determining compensation for land acquired by the U.P. State Industrial Development Corporation Ltd. Some claimants accepted the compensation, while others protested and obtained enhanced awards from the District Judge under Section 18 of the Land Acquisition Act. The State …

The Supreme Court examined three sets of appeals arising from a bus‑driver case, a food‑exporter case, and several petitions seeking expunction of adverse judicial remarks. In the bus‑driver appeal, the Court held that the High Court had erred in overturning the Chief Judicial Magistrate’s acquittal because the evidenc…

The Madhya Pradesh Public Service Commission advertised for Presiding Officers of Labour Courts, requiring a minimum of five years' practice as an advocate under Section 8(3)(c) of the Madhya Pradesh Industrial Relations Act, 1960. Because of a large number of applications for four general‑category posts, the Commissio…

Sahib Ram was appointed as a librarian in a government college in 1972 on a pay‑scale of Rs 220‑550. Following UGC recommendations, the Government of India upgraded the librarian pay‑scale to Rs 700‑1600, subject to a minimum educational qualification of first or second class M.A./M.Sc./M.Com. plus a first or second cl…

A. NAGARAJU BROS., a dealer in VIP suit cases made of plastic and fitted with steel bands, claimed that these suit cases were "plastic articles" under Entry 113 of Schedule I of the Andhra Pradesh General Sales Tax Act, 1957, and therefore liable to tax only at the first point of sale for the assessment year 1981‑82. T…

The appellants, co‑sharers in the khatedari rights of an agricultural holding, challenged a sale by a khatedar tenant, claiming a right of pre‑emption under the Rajasthan Pre‑emption Act, 1966. The central issue was whether the transfer of khatedari rights constituted a transfer of ownership within the meaning of Secti…

Sunder, owner of joint family property, gifted part of his land to Brij Lal. Remote reversioners (the appellants) challenged the gift and a suit was compromised, granting them a one‑eighth share after Sunder's death. After Sunder died in 1964, the appellants sued to enforce the compromise decree, but Brij Lal contended…

The appellant, Mohammed Saleem, was tried for assault with a knife that caused injuries to the complainant, and was charged under IPC Section 324, TADA Section 3(1), and the Bombay Police Act Section 135(1). The trial court acquitted him of the Bombay Police Act charge, but convicted him under IPC 324 and TADA 3(1). On…

The Union of India entered into a construction contract with M/s. Jain Associates, which was later terminated for non‑completion. The contractor claimed Rs 37,37,885 and the Union counter‑claimed Rs 9,49,701. An umpire under the Arbitration Act, 1940 awarded the contractor Rs 24,10,330, granting interest up to the date…

The State of Sikkim terminated the services of several non‑local employees appointed under temporary posts, invoking Rule 4(4) of the Sikkim Government Establishment Rules, 1974, which gave preference to Sikkimese nationals. The employees challenged the terminations before the Sikkim High Court, which held that the rul…

Hari Ram Yadav, an IFS officer of the Haryana cadre, was suspended during pending disciplinary proceedings. He challenged the suspension order before the Central Administrative Tribunal, arguing that the order did not state that the Governor of Haryana was satisfied that suspension was necessary or desirable, as requir…

Sampuran Singh's land was declared surplus under the Punjab Security of Land Tenures Act, 1953 in 1964, but he continued to possess and enjoy it. After his three sons became majors, he sought to reopen the declaration and recompute the surplus land under sections 7 and 9 of the Haryana Ceiling on Land Holdings Act, 197…

The appellants, a family owning 828 standard acres, had surplus land declared under the Punjab Security of Land Tenures Act, 1953 and were granted exemption under Rule 8 to continue using it. When the Haryana Ceiling on Land Holdings Act, 1972 came into force, the appellants argued that the exemption should survive and…

Surinder Nath Dewan was declared a holder of 15 standard acres of surplus land by a 1960 order under the East Punjab Security of Land Tenures Act. He later obtained a determination that only 5 acres were surplus and sought restoration of land that had been leased out under the East Punjab Area Utilisation of Lands Act.…

Shankara Textiles Mills Ltd. owned 49 acres of land, part of which had been lawfully converted to non‑agricultural use under Section 95(2) of the Karnataka Land Revenue Act, while the remaining 36 acres remained agricultural. The Improvement Board acquired 28 acres of the agricultural portion under the Karnataka Improv…

The Allahabad High Court had held that the Uttar Pradesh government could not dispense with the services of its standing counsel, prompting the Governor to issue the Uttar Pradesh Government Litigation (Engagement of Counsel) Ordinance, 1991 to regulate counsel assignments and fees. The High Court stayed the operation …

The appellants, importers of PVC resins and aluminium products, relied on government notifications under Section 25(1) of the Customs Act, 1962 that exempted their goods from customs duty up to a specified date. The Central Government later issued withdrawal notifications before the expiry dates, citing changing market…

The appellants challenged the Gujarat High Court's finding that two acres of land in Sahikpur Bogha, Ahmedabad district, vested in the State under the Bombay Personal Inams Abolition Act, 1952. They argued that Section 5 allowed the inamdar to retain land used for building or non‑agricultural purposes and that Section …

The husband of the first respondent hypothecated his house and land in 1954 for a loan of Rs.12,500 and later migrated to Portugal. The property was declared evacuee under the Goa, Daman & Diu Administration of Evacuee Property Act, 1964 and was sold at public auction to the appellant, who obtained registration in 1969…

The Supreme Court, hearing contempt petitions concerning admission to professional courses in Tamil Nadu, examined the effect of the 69% reservation under Article 15(4) of the Constitution and a 5% reservation for special categories under Article 15(1). The Court found that the 5% reservation is horizontal and must be …

Sanjay Dutt, accused in the Bombay blast case, was arrested under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) for possession of unauthorised arms. The charge‑sheet was filed after the statutory period of 180 days, and the petitioner sought bail on the grounds that mere possession of arms witho…

The appellant, Tarseem Kumar, was charged under Section 302 IPC for the murder of Gulshan Rai. The prosecution's case relied entirely on circumstantial evidence, including the appellant's alleged exclusive possession of rooms where the body was found, blood‑stained clothes recovered after his disclosure, fingerprints, …

The Maharashtra State Financial Corporation (appellant) granted a bridge loan of Rs. 3 lakh to Mis. Suvarna Board Mills (respondent), which defaulted and accrued arrears of about Rs. 25 lakh. On 7 January 1992 the corporation issued a notice under Section 29 of the State Financial Corporation Act demanding payment by 2…

Mukesh Bhai Patel was appointed temporarily to a Group C post on 21 May 1977 and was removed on 13 April 1987. He challenged his removal before an administrative tribunal, which dismissed his petition. He appealed to the Supreme Court, contending that a Union circular dated 8 June 1984 mandated regularisation of all te…

The Motor Transport Workers' Cooperative Society Ltd. obtained a stage‑carriage permit under Section 58 of the Motor Vehicles Act, 1939 for three years (Dec 23, 1987 – Dec 22, 1990). The Motor Vehicles Act, 1988 came into force on July 1, 1989 and the Society applied for renewal on Jan 4, 1991. The Regional Transport A…

The Action Committee on Issue of Caste Certificate filed a writ petition under Article 32 challenging Maharashtra's denial of Scheduled Caste and Scheduled Tribe benefits to persons who had migrated from other states. The petition argued that the denial violated Articles 14, 15(1), 16(2), 19 and the spirit of Articles …

The Tamil Nadu Government transferred employees from the Dairy Development Department to the Dairy Development Corporation on deputation/foreign service, later replacing the corporation with a cooperative federation. The employees challenged GO 1921 (1993), which provided terminal benefits on permanent absorption into …

The Union of India appealed against a decision of the Central Administrative Tribunal (CAT) that had set aside the railway authorities' order directing 35 candidates who had appeared for a written exam at the Katihar centre to retake the written portion of the selection test. The railway authorities, after an inquiry, …

The appellant's factory was raided and 28 packages of synthetic fabrics were seized under Section 110(1) of the Customs Act, 1962 on 29 May 1969. A show‑cause notice required by Section 124(1)(a) was served only on 19 December 1969, exceeding the six‑month period prescribed in Section 110(2). The appellant argued that …

The State of Orissa appealed against Minerals and Metals Trading Corporation of India Ltd. (MMTC), a government dealer that purchased mineral ore in Orissa, declared the ore for resale within the state, and then sold it to a Japanese buyer by delivering it at Paradeep port for export. The Sales Tax Officer held MMTC li…

The Entry Tax Officer of Karnataka challenged the Karnataka Tax on Entry of Goods into Local Area for Consumption, Use or Sale therein Act, 1979, contending that the tax applied to goods sold within a local area even when the seller intended to take them out of the area. The Karnataka High Court held that Section 3 of …

The tenant, Biharlal, applied under Section 18 of the Punjab Security of Land Tenures Act, 1953 to purchase 224 kanals 18 marlas of land owned by Harjinder Singh Brar. The Assistant Collector approved the purchase, but the land‑owner appealed, leading to a series of appellate and revisional orders that upheld the tenan…

The Central Government, on 10 December 1992, declared the Jamaat-e-Islami Hind (JEIH) an unlawful association under Section 3(1) of the Unlawful Activities (Prevention) Act, 1967, and invoked the proviso to Section 3(3) to give the ban immediate effect. The petitioners challenged this exercise of power, arguing that th…

The Board of Arbitration under the Joint Consultative Machinery (JCM) Scheme awarded a higher pay scale to Senior Scientific Assistants effective 22 September 1982. The Government of India, without invoking the procedure in Clause 21 of the JCM Scheme, decided to implement the award from 1 January 1988, prompting the C…

Balwant Singh, his brother Mahabir Singh, Lal Singh and Abhey Singh were convicted for murder under Sections 302 and 34 IPC. The High Court acquitted Mahabir and Lal Singh, but upheld the convictions of Balwant and Abhey. On appeal, the Supreme Court examined the credibility of eye‑witnesses Raj Singh and Jagmal Singh,…

The father of the third respondent was granted four acres of land by the Karnataka Government in 1957 with a condition that it could not be alienated for fifteen years. He illegally transferred two acres to Ismail Saheb in 1965, who later sold the land to the appellant in 1979, before the Karnataka Scheduled Castes and…

The respondent Andhra Bank filed a suit for a preliminary decree for sale of mortgaged properties and a personal decree for a loan amount with future interest. The trial court, after hearing applications, dismissed the bank’s claim for interest, holding that the decree did not specify liability for future interest. On …

Harinder Singh, the landowner, sold a tenanted parcel of land to his tenant Bihari Lal under Section 18 of the Punjab Security of Land Tenures Act, 1953. The tenant applied for purchase, was granted a purchase price, and deposited the first instalment on 12 March 1963, thereby becoming a deemed owner. Before this depos…

The landlord, K.S. Sundararaju Chettiar, evicted his tenant M.R. Ramachandra Naidu under the Tamil Nadu Building (Lease and Rent Control) Act, 1960, first on the ground of his own business expansion and later also on the basis of a pawn‑broking partnership run by his wife and daughter‑in‑law. The eviction notice did no…

The President of India referred a matter under Article 317(1) of the Constitution to the Supreme Court, seeking an inquiry into allegations of misbehaviour against Shri M. Megha Chandra Singh, Chairman of the Manipur Public Service Commission, including tampering with examination papers and taking a bribe. While the re…

Balwant Singh, a police constable, fired his service rifle during a clash with villagers who were assaulting police officers. He fired two shots in the air to scare the assailants, but two by‑standers (Karnail Singh and Pahalwan Ram) were struck and died. The trial court acquitted him, the High Court convicted him of m…

The Union of India and the Delhi Special Police Establishment appealed against a Punjab & Haryana High Court order that quashed an FIR registered under sections 120‑B, 418, 468 IPC and the Prevention of Corruption Act against Shri B.R. Bajaj, the Finance Secretary of Chandigarh, and several tenderers. The FIR alleged t…

The landlord filed an eviction suit under Section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide requirement for the premises. The tenant, a company, relied on Clause 5 of the lease deed which stated the premises were for the residence and personal use of directors, their relatives, and "for the pur…

The respondent, a Branch Manager of State Bank of India, claimed reimbursement for moving his household goods after a transfer and was charged with five offences, including false claims and irregular loan disbursement. An enquiry officer found all charges proved on documentary evidence, and the disciplinary authority i…

The Union of India filed disciplinary proceedings against IRS officer Upendra Singh alleging that, while handling income‑tax proceedings under sections 133A, 144A and 143(1) of the Income Tax Act, he acted illegally by ignoring incriminating evidence, acquiescing to a reduced disclosure by the assessee and directing pr…

The appellants, licensees of arrack and foreign liquor shops, were convicted under sections 57A and 57B of the Kerala Abkari Act (as amended in 1984) for mixing or permitting the mixing of noxious substances such as methanol with liquor, or for failing to take reasonable precautions, and for possessing adulterated liqu…

The Supreme Court examined two conflicting Madras High Court decisions on the constitutionality of Section 34(1)(c) of the Estate Duty Act, 1953, which mandates aggregation of coparcenary interests of Mitakshara joint Hindu families for estate duty purposes. The issue was whether this provision discriminated against me…

The Union of India appealed against the High Court’s order granting additional statutory benefits to landowners whose lands in Bhatinda district had been acquired. The original award by the Collector under Section 11 of the Land Acquisition Act was later enhanced by civil courts, but the owners filed an application und…

Mis New Kenilworth Hotels Ltd. filed a writ petition seeking to set aside a High Court order that directed Ashoka Industries Ltd., the mortgagor, to exercise its statutory right of redemption under Section 60 of the Transfer of Property Act. The appellant argued that the Orissa State Financial Corporation, which had ta…

The petitioners, M/s Khadi and Village Soap Industries, challenged a 1987 notification under Section 13(1) of the Haryana General Sales Tax Act, 1973 that granted a full sales‑tax exemption to the Khadi Ashram, Panipat and its centralized units, while limiting the exemption for other cooperative societies to those whos…

The respondents, members of the Nilambur Kovilakam, filed a petition under section 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1973 claiming that 60 acres of land did not vest in the Government. The Forest Tribunal dismissed the petition, but the Kerala High Court reversed the decision, holding that t…

The appellants challenged the registration of the ancient Kalika Mataji temple as a public trust under the Bombay Public Trusts Act, 1950, arguing that it was a private family temple based on a historic will and internal restrictions. The respondents contended that the temple, whose origin is lost in antiquity, had bee…

The appellant and respondent both applied for a stage‑carriage permit. The Regional Transport Authority (RTA) awarded marks based on the date of application, granting the permit to the appellant. The respondent appealed, and the State Transport Appellate Tribunal (STAT) set aside the RTA’s order, holding that the date …

The plaintiffs, brothers, partitioned ancestral property by a deed dated 4 December 1952 and thereafter possessed their respective shares. The second plaintiff orally gifted one portion of his share to the first plaintiff. On 6 January 1968 the defendants trespassed, prompting the plaintiffs to file a suit on 4 July 19…

Twenty‑eight lecturers of Haryana Agricultural University were selected in 1978 to pursue Ph.D. studies as in‑service candidates under a leave of kind. Due to a financial stringency, the university prohibited in‑service candidates from receiving full salary and allowances during the study period, and the appellants wer…

The appellant, a Preventive Officer Grade‑II, was penalised with a one‑year reduction in pay scale with cumulative effect and later promoted to Grade‑I effective 9 August 1974. He claimed seniority from the date he became eligible for fitment in Grade‑I, arguing that his junior was promoted on 29 February 1968 and that…

The Union of India appealed against a High Court order that had upheld a writ petition filed by retired government servants (P.N. Menon and others) who argued that Office Memorandum No. F‑19(4)‑E.V./79 of 25 May 1979, which treated a portion of dearness allowance as "dearness pay" for pension and gratuity calculations,…

The appellant, K. Sasidharan, entered into a contract with the Kerala State Film Development Corporation to construct a theatre. A dispute arose during execution and the appellant sought appointment of an arbitrator under Section 20 of the Arbitration Act, 1940, relying on clause 73 of the Madras Detailed Standard Spec…

The Government of Rajasthan acquired land for the development of Jaipur city under the Rajasthan Land Acquisition Act, 1953. After an initial award excluded a portion of the land, the Land Acquisition Officer made a 1974 award that deducted compensation by allotting portions of the acquired land to the respondents in l…

The Uttar Pradesh Public Service Commission advertised for the post of Munsif, requiring candidates to possess a law degree by the application deadline of 20 August 1988. Alpana applied stating she was awaiting her law degree result, which was declared only in October 1988. The Commission allowed her to sit the written…

Smt. Harbans Kaur filed a writ of habeas corpus under Article 32 alleging that her three sons were illegally detained, tortured and that one son, Gurbax Singh, died in police custody. The Court observed that two sons, Surinder Pal Singh and Sarvjeet Singh, had been produced before a Judicial Magistrate and remanded to …

Tata Iron and Steel Co. sold scrap generated during its iron and steel manufacturing process to other parties for conversion into steel ingots. The Central Excise and Gold (Control) Appellate Tribunal held that the scrap was liable to duty under Item 26AA of the Central Excise Tariff Schedule, treating it as a semi‑fin…

Sundaramurthi (A‑2) was charged with murder, robbery and house‑trespass under Sections 302/34, 392 and 449 IPC. The prosecution relied entirely on circumstantial evidence: four eyewitnesses saw A‑2 and co‑accused A‑1 enter a car shed at the mill and emerge two hours later; fingerprints matched A‑1; bags of cash and a b…

The petitioners, members of the Uttar Pradesh Civil Service (Judicial Branch), challenged two 1975 notifications issued by the Governor under Article 237 of the Constitution which transformed the Uttar Pradesh Judicial Officers Service into a separate judicial service and made its members eligible for promotion only to…

The South Indian Film Chamber of Commerce challenged the constitutional validity of Sections 9(2) and 10(2) of the Tamil Nadu Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Act, 1984, arguing that the State legislature lacked competence because the provisions dealt with copyright…

The claimant, a young student, suffered multiple severe injuries in a road accident caused by the negligent driving of a bus insured by United India Insurance. He filed a compensation claim under the Motor Vehicles Act, 1939, which the Motor Accident Claims Tribunal awarded Rs.1,50,000, later enhanced by the Bombay Hig…

Mis Astra Pharmaceuticals manufactured 20% dextrose injections, a drug listed in the Indian Pharmacopoeia and therefore exempt from central excise duty. The company marked its containers with the name "AP‑Astra", which the Revenue Department argued created a monogram establishing a relationship between the medicine and…

The Haryana Government, exercising power under Section 4 of the Punjab Gram Panchayat Act, 1952, issued a notification on 18‑12‑1991 amalgamating the Bhorakh and Harigarh Gram Sabhas to curb alleged misuse of office by the Sarpanch of Harigarh, who had illegally appropriated Panchayat land. The amalgamation was challen…

The plaintiff filed a title suit seeking partition and separate possession of two plots, 73 and 74. The trial court granted partition of plot 73 and a declaration of title for plot 74; the High Court later allowed partition of plot 74 as well. The defendant filed a review petition under Order 47, Rule 1 of the CPC, cla…

The State of West Bengal exempted the slaughter of healthy cows on Bakri‑Idd day under Section 12 of the West Bengal Animal Slaughter (Control) Act, 1950, claiming it was required for a religious purpose of the Muslim community. The High Court held that such slaughter was not an essential religious requirement and the …

The appellant, Mis. Kalimpong Land and Building Ltd., owned a three‑storeyed godown and 4.9 acres of land that were requisitioned by the State of West Bengal in 1964 under the Requisitioning and Acquisitioning of Immovable Property Act, 1952. After a protracted arbitration process that began in 1967 and stretched over …

Lipton (India) Ltd., a vanaspati manufacturer, sought a refund of sales tax paid on imported oil purchased from the State Trading Corporation (STC) for the period Dec 1984‑May 1988. The refund claim was based on the Parmeshwaran Committee formula, which required reimbursement of tax "subject to furnishing necessary dec…

The State of Rajasthan and Puri Construction Co. Ltd. entered into a dam‑construction contract containing an arbitration clause. Disputes were referred to two retired judges as arbitrators, who awarded Rs 1 crore in favour of the contractor. The State challenged the award on grounds of arbitrator misconduct (one arbitr…

The case concerned the merger of teachers from the Municipal Corporation of Delhi into the Delhi Administration in 1970, creating an Administration Cadre and a Special (diminishing) Cadre. Disputes arose over how promotion ratios and seniority should be calculated between the two cadres, especially for Trained Graduate…

The petition challenged a Kerala High Court judgment that had set aside earlier findings that the petitioner, P.V. Sankara Kurup, was merely an agent and holder of a power of attorney for the respondent, Leelavathy Nambiar, and had purchased a Thavazhy property in his own name using the respondent’s funds. The central …

The State of Orissa challenged two provisions of the Orissa District Revenue Service (Method of Recruitment and Conditions of Service) Rules, 1983. The first was the proviso to Rule 5(1) allowing relaxation of the maximum age limit for certain categories, which the Orissa Administrative Tribunal held gave the Governmen…

Two Lower Division Clerks of the Indo‑Tibetan Border Police Force filed writ petitions under Article 32 seeking to bar the Central Administrative Tribunal (CAT) from hearing their promotion matters, arguing that they are members of the Union's armed forces and thus outside the Tribunal's jurisdiction. The respondents c…

The State of West Bengal appealed against a Calcutta High Court order that directed the government to grant agragamies (volunteers) of the West Bengal National Volunteer Force the same pay scale and benefits as police constables, on the ground of "equal pay for equal work". The respondents, recruited under the West Ben…

Bassi Cold Storage, a consumer of electricity supplied by the Punjab State Electricity Board, claimed that its supply was wrongfully disconnected and sought damages. The consumer invoked Condition 29 of the Board's Abridged Conditions of Supply, which provided that disputes not determinable under the conditions could b…

Tarapore & Co. entered into a contract with the State of Madhya Pradesh for the construction of a masonry dam, which required the contractor to pay not less than "fair wages" and to observe labour laws without any claim against the Irrigation Department. After the State revised minimum wages, the contractor paid the hi…

The Supreme Court examined the validity and mandatory nature of Rule 1‑D of the Wealth Tax Rules, which prescribes a break‑up formula for valuing unquoted equity shares of companies (excluding investment and managing‑agency companies). It held that the rule is a perfectly valid piece of delegated legislation and must b…

The Bharat Petroleum Corporation Ex‑Employees Association sought parity in pension for clerical staff who retired before 1 January 1989, arguing that the denial of a pension calculated on basic salary plus dearness allowance violated Articles 14 and 21 of the Constitution. After nationalisation, the pension scheme was …

The appellants, part‑time vocational teachers appointed under Karnataka's vocational education scheme since 1977‑78, sought regularisation and equal pay with non‑vocational teachers, invoking the principle of "equal pay for equal work" and alleging violation of Articles 14 and 16. The State argued that the scheme creat…

The State of West Bengal and the Calcutta Municipal Corporation appealed against a Calcutta High Court decision that held the Calcutta Municipal Corporation (Amendment) Act, 1990 unconstitutional for imposing a one‑year ban on applications for high‑rise building plans. The Act introduced Section 398A, which barred any …

The respondents filed a suit for redemption of a usufructuary mortgage which the trial court dismissed as barred by limitation; the High Court reversed and granted a preliminary decree for redemption, holding that the mortgage was acknowledged and a fresh cause of action arose. The appellants filed an appeal, but durin…

The Managing Trustee of Hanuman Deosthan filed a civil suit for possession of a property, alleging that the plaintiff Trust was the owner. The defendant appealed, claiming he had purchased the property from a predecessor and was therefore the owner. During cross‑examination and before municipal authorities, the defenda…

The petitioner, Inder Singh, filed a habeas corpus petition under Article 32 of the Constitution seeking the release of seven of his relatives who were allegedly abducted by a senior police officer, Baldev Singh, D.S.P., and six other policemen in October 1991. The victims remain untraced; a FIR was lodged only in Marc…

The first respondent, a private transport operator, filed a writ petition in the Madras High Court challenging the scheme of nationalisation under Section 68(d) of the Motor Vehicles Act, 1939. The High Court allowed the petition and the appellant, the Managing Director, filed a timely writ appeal, while the State of T…

The Supreme Court examined the validity of Sections 192(1)(c) of the Punjab Municipal Act, 1911 and 203(1)(c) of the Haryana Municipal Act, 1973, which allowed municipal committees to transfer land for town‑planning schemes without payment of compensation or with discretionary compensation. Petitioners whose land had b…

ITC Paper Boards Ltd. appealed against the CEGAT order denying it full exemption from excise duty on paperboard manufactured since 1979. The exemption was granted to printing and writing paper by a 24 April 1981 notification and later extended to paperboard by a 2 April 1984 notification, with a clarifying 9 November 1…

The Karnataka Forest Development Corporation supplied natural rubber sheets (RMA grades I‑V) to Cantreads Pvt Ltd. The State, under s.101A of the Karnataka Forest Act, 1963, levied a forest development tax on the raw smoked rubber. The High Court held that the processed rubber sheets were not forest produce and set asi…

The appellants, Marwadi Kishor Parmanand and Marwadi Mangal Dhulji, were charged with murder of Punaram and Sohanlal under IPC sections 302 and 34. The trial court acquitted them, finding the sole eye‑witness, Ranchhodbhai (PW‑1), unreliable. The Gujarat High Court reversed the acquittal, holding PW‑1’s testimony relia…

The appellant contested the 1992 Moga Assembly election, losing by seven votes, and filed an election petition alleging that 22 bogus votes were cast for the winning respondent by impersonating dead electors. The petition sought production of the ballot paper account and the marked copies of electoral rolls for five po…

The State of Punjab acquired land under the Land Acquisition Act, 1894 and the Land Acquisition Officer initially awarded Rs.29.46 per marla as compensation. The District Judge enhanced this to Rs.50 per marla, and the High Court single judge further raised the market value to Rs.375 per marla and allowed Rs.17,000 for…

The Food Corporation of India (FCI) entered into fidelity insurance guarantees with several insurance companies to cover losses caused by rice millers' breach of contract. The guarantees stipulated that FCI would have no rights under the bond after six months from the termination of the millers' contracts. After the mi…

The Registrar of Co‑operative Societies (appellant) was directed by the Tamil Nadu Government to discipline Joint Registrar F.X. Fernando (respondent) for alleged irregularities. The vigilance department delayed its inquiry, after which the Government amended Rule 12 of the Tamil Nadu Civil Service (Classification, Con…

The appellants, heirs of a deceased shareholder of Calico Dying & Printing Mills Ltd., sought transmission of 100 shares after obtaining an heirship certificate. The company, having amended its Articles of Association in 1977 to empower the Board to refuse any transfer without reason, declined to register the transmiss…

The State of Kerala challenged the classification of a document executed by McDowell & Co. under Form VI of the Distillery and Warehouse Rules, required by Section 7 of the Kerala Abkari Act for deferred export duty, as an agreement rather than a bond for stamp duty purposes. The High Court held the instrument to be an…

The State Bank of Bikaner and Jaipur had advanced cash credit to National Iron and Steel Rolling Corporation, which secured the loan by mortgaging its factory and pledging plant and machinery. When the bank sued for repayment, the mortgaged property was auctioned and the Commercial Tax Officer claimed a prior right to …

The Railway Board, under para 123 of the Indian Railway Establishment Manual, recruited Traffic Apprentices for supervisory posts, reserving 10% of vacancies for graduates through a competitive examination. The appellants were selected in 1982-83 for Station Master (SM) posts, regularized, and later promoted to higher …

The Supreme Court examined a sale deed executed by Churu Ram in 1976, which described the transfer of a two‑storeyed building called 'Anand Bhavan' situated on 4 biswas of land, while the actual building occupied 7 biswas. The appellant, Ishwari Devi, claimed ownership of the entire building based on the deed and the 1…

The State of Orissa decided to open 24‑hour medical stores within hospital campuses to ensure patients could obtain medicines at any time. The Superintendent of the Sub‑Divisional Hospital, Patnagarh, advertised for applications, prompting nearby private medical store owners to file a writ petition challenging the adve…

A.E. Rani filed a complaint under IPC s.395 and the Dowry Act alleging that relatives forcibly took movable articles belonging to her and her deceased husband. The police report concluded no offence, prompting Rani to file a fresh complaint under s.173, s.156(3) and s.190 CrPC. The Metropolitan Magistrate, after re‑exa…

The landlord, Smt. Kamla Devi, owned a shop let to Sh. Vasdev who fell behind on rent. After a demand notice, the landlord filed an eviction petition under Section 14(1)(a) of the Delhi Rent Control Act, 1958. The Rent Controller ordered the tenant to pay the arrears within one month under Section 15(1). The tenant fai…

Mis Ballar Pur Industries Ltd imported a granite press roll, a component used to finish paper, and the Collector (Appeals) classified it under tariff heading 84.31 of the Customs Tariff Act, 1975, attracting a 40% duty. The Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) re‑classified the roll under headi…

The case concerned civilian employees of the Ministry of Defence who participated in Operations Blue Star and Wood Rose. A Government order dated 20 December 1985 directed that ration allowance in lieu of free rations be payable retrospectively to the entitled categories of defence civilian employees. The respondents c…

The Gujarat government converted 396 lower‑income group houses from a rental scheme to a hire‑purchase scheme and set eligibility criteria requiring five years continuous residence, excluding retired servants. Category III employees, who had vacated their Pahari houses for better accommodation in Gandhinagar, and Categ…

The Supreme Court, acting suo motu, initiated contempt proceedings against Anil Kumar Verma for submitting a forged experience certificate to oppose his wife's petition to transfer a matrimonial suit from Delhi to Unnao. The principal of the college affirmed the certificate was fabricated, and the respondent could not …

The Government of Andhra Pradesh had, pending the finalisation of a seniority list for promotion to Executive Engineer, appointed the senior-most officers in the provisional list as In‑charge to avoid administrative hardship. The Andhra Pradesh Administrative Tribunal later revoked these interim In‑charge appointments,…

The State Trading Corporation (STC) entered into a contract to supply basmati rice to Abu Dhabi Municipality and, concurrently, a back‑to‑back agreement with Jainsons Clothing Corporation requiring Jainsons to supply a portion of the rice and to furnish an irrevocable bank guarantee. After STC cancelled the export cont…

Union Bank of India, the landlord, sued for eviction of its tenant and the tenant's sub‑tenant, C.G. Shah, alleging rent default and unauthorised sub‑letting. Shah claimed he was a lawful sub‑tenant before the 1959 amendment of the Bombay Rents Act and alternatively a protected licensee under Section 15‑A of the Bombay…

Mis Novopan India Ltd., a manufacturer of particle boards, claimed exemption from central excise duty under Notification No.55 of 1979, which exempted "unveneered particle boards" (Item‑6 of the table). After initially producing unveneered boards, the company began manufacturing melamine faced particle boards (MFPBs) a…

The Supreme Court examined whether a government cash subsidy, granted as a percentage of an industrial asset's capital cost, could be deducted from the "actual cost" of the asset under Section 43(1) of the Income‑Tax Act, 1961 for the purpose of computing depreciation under Section 32. The Court noted a split among Hig…

The North Eastern Railway (NER) applied for registration under the U.P. Sales Tax Act, 1948 through its Chief Commercial Superintendent, declaring Gorakhpur as its principal place of business. The Sales Tax Officer in Gorakhpur accepted the registration and later issued assessment orders based on a return filed by the …

Chander Bhan Gill, appointed as Assistant (Legal) in 1985, completed one year of service on 26 January 1986 and became eligible for an annual increment. The Central Civil Services (Revised Pay) Rules, 1986 came into force on 1 January 1986, and the Government issued a clarification on 4 May 1987 stating that increments…

The case concerned a house owned by Rajubai, who died in 1975. Her daughter Jaitunbi claimed she was the sole heir under Muslim law, while her grandson Shamsuddin asserted that Rajubai had given him the ground floor of the house during her lifetime. The lower courts had ruled in favour of Jaitunbi, but the Supreme Cour…

M/s Pankaj Jain Agencies, an importer of ball bearing components, challenged Notification No. 142/86-Cus., issued under Section 25(1) of the Customs Act, 1962, which reduced an earlier exemption and raised customs duty on its imports. The petitioners argued that the notification was not in force at the time of import, …

The case involved four appellants (Arjun, Rampal, Bhagwan Singh and Mukhoram) convicted of murder under Section 302 IPC for the killing of Jyoti Ram. The prosecution relied on five eye‑witnesses, who were relatives or associates of the deceased, to identify the appellants as the assailants. The four co‑accused were acq…

The Employees State Insurance Corporation (ESIC) issued a resolution on 28 February 1976 delegating its power under Section 85‑B of the Employees State Insurance Act, 1948 to levy damages, to the Director General and authorising him to further delegate that power to any officer. The Director General subsequently author…

The petitioners, owners of coking coal mines, claimed that the Central Government, as custodian, had failed to credit them for the value of coke stock lying in the mines on the date immediately before the appointed day of nationalisation, and sought compensation under the Coking Coal Mines (Nationalisation) Act, 1972. …

The case concerned promotions in the Indian Statistical Service where senior general‑category officer Tushar Ranjan Mohanty (respondent 1) was superseded by eight Scheduled‑Caste/Tribe officers (respondents 2‑9). Mohanty challenged the promotions before the Central Administrative Tribunal, arguing that the service rule…

Rollatainers Ltd., a manufacturer of printed cartons, claimed exemption from central excise duty under Notification No. 55/75, which exempts "all products of the Printing Industry". The Superintendent of Central Excise held that printed cartons are products of the Packaging Industry and not eligible for exemption. The …

The respondents were found to have copied answers verbatim from incriminating material during a B.A. examination, and the university's standing committee disqualified them for two years under its Ordinances 10, 11 and 13. The respondents challenged the disciplinary action in the Punjab and Haryana High Court, which qua…

The State of Uttar Pradesh issued a notification under s.4(1) of the Land Acquisition Act, 1894 in April 1990 to acquire land for a sub‑station, and a declaration under s.6 in December 1990. Under s.11A the Collector was required to make the award within two years of the declaration, i.e., by 21 December 1992. The resp…

Dr. A. Franklin Joseph, a registered medical practitioner, was second on the waiting list for a Diploma in Diabetology seat that became vacant when the All India Quota seat was returned to the State. The State filled the vacancy with a service candidate who had lower marks (71.50%) than Dr. Joseph (76.75%), invoking a …

The landlord obtained a loan from State Bank of Patiala to construct a building which he would lease back to the bank for its commercial use. The loan agreement stipulated a 16% interest rate with quarterly rests, which the landlord contested. The trial court reduced the rate to 15% and eliminated the quarterly rests, …

The Delhi Stock Exchange sought to increase its membership by 250, half through a public issue of shares and half by diluting existing shareholdings, subject to a higher non‑refundable deposit for public‑issue applicants. The Central Government approved the scheme, and an Expert Committee was constituted to select the …

The appellant, M.R. Gopalakrishnan, contested the election of Thachady Prabhakaran to the Kerala Legislative Assembly, alleging that the counting of votes was irregular due to a cramped hall, that postal ballots were improperly rejected, that double voting and impersonation occurred, and that the respondent committed c…

G.P. Volkart Ltd. had obtained municipal approval to construct a 30‑storey building with an FSI of 2.45. After the Bombay Metropolitan Region Development Act, 1974 came into force, the Metropolitan Authority rejected the application within the statutory 60‑day period, prompting the company to appeal to the State Govern…

The State of Orissa, owner of mineral resources, issued a notification for regranting a mining area. Applications for mining leases were filed but not disposed of within the 12‑month period prescribed by Rule 24 of the Mineral Concession Rules, 1960, and were therefore deemed refused. The applicants sought revision bef…

The Bihar Public Service Commission (BPSC) conducted a screening test and viva voce for 195 Ayurvedic Medical Officer vacancies. Several unsuccessful candidates challenged the process alleging question paper leakage, evaluation by unqualified staff, vague questions with multiple answers, lack of expert participation in…

Mis Subhash Aggarwal Agencies (appellant) and Mis Bhilwara Synthetics Ltd. (respondent) were members of the Delhi Hindustani Mercantile Association. The appellant claimed Rs 4,51,246.50 and the dispute was referred to a sole arbitrator who, following a High Court direction dated 20‑Nov‑1981, gave a reasoned award on 19…

Liberty Oil Mills, a manufacturer of vegetable product (Tariff Item 13), claimed exemption from excise duty under Notification No. 61/71 (as amended by Notification No. 40/72) which granted a concession of Rs 10 per quintal for vegetable product produced out of indigenous rice bran oil, subject to two conditions. The R…

Central Coalfields Ltd. constructed office buildings and staff quarters in the Singrauli area without obtaining permission from the Special Areas Development Authority (SADA) under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973. SADA ordered the demolition of the structures under section 26 of the Adhiniyam…

The appellant entered into an agreement to purchase six acres of land, paying Rs. 50,000 as earnest money (labelled as an advance) and agreeing to register the sale deed within six months, making time of the essence. He took possession, levelled the land and sought a layout plan, which the Gram Panchayat refused, after…

The Supreme Court examined whether bank employees on strike were entitled to wages for the strike period. It held that entitlement to wages requires the strike to be both legal and justified, and that questions of legality and justifiability are within the exclusive jurisdiction of the industrial adjudicator under the …

The petitioners, engineering diploma holders in the Tamil Nadu Water Supply and Drainage Board, Tamil Nadu Agricultural Engineering Service and Tamil Nadu Electricity Board, challenged service regulations that fixed promotion ratios favouring degree holders over diploma holders. They contended that the provisions viola…

Two brothers, Gajadhar and Harjeet, gifted eleven plots of land to their niece, Smt. Rama Dube, by a registered deed in 1960, and Harjeet later bequeathed two additional plots to her by will. Rama initiated consolidation proceedings in 1971 to have her name entered in the land records; notice was served on Harjeet, who…

The Supreme Court examined the murder of Urshia Bahri and her two children, for which Suresh Chandra Bahri, Gurbachan Singh and Raj Pal Sharma were convicted under Sections 302, 120B and 201 of the IPC. The prosecution relied on the testimony of an approver, Ram Sagar Vishwakarma, whose statement was found trustworthy …

The Supreme Court allowed a civil appeal by the mother, sister and brothers of Abdul Rehman, a 20‑year‑old college student who was killed when a municipal truck hit his bicycle. The Motor Accident Claims Tribunal and the Allahabad High Court had dismissed the claim for compensation, relying on the testimony of two inte…

The appellants, owners of agricultural land in Gujarat as well as land in other Indian states, challenged Sections 6(3A), 4, 10 and 11 of the Gujarat Agricultural Lands Ceiling Act, 1960, on the ground that the provision which requires the land held outside Gujarat to be taken into account while computing the ceiling a…

The petitioners, class‑IV employees designated as Storm Water Drains (SWD) Beldars and Mates of the New Delhi Municipal Committee (NDMC), sought the pay‑scales recommended by the Shiv Shankar Committee (SS Committee) which had already been granted to other class‑IV staff of the NDMC. The NDMC had extended the SS Commit…

An auction of the judgment debtor's property was held on 25 May 1981. The debtor's objections under Order 21 Rule 90 were dismissed on 4 May 1982, after which he filed an application under Order 21 Rule 89 on 28 May 1982 seeking to set aside the sale. The executing court entertained the application, but the auction pur…

Bharat Coking Coal Ltd (BCCL) succeeded East India Coal Co. and held a 999‑year mining lease over 627 bighas in Kenduadih, including surface land. A small part of the surface was used for a bazaar and a cinema for workers. The State of Bihar, invoking the Bihar Land Reforms Act, 1950, served a notice under Section 4 de…

The plaintiff, P. Muthayya, filed a suit for partition and redemption of a mortgage deed executed by Mathevan Pillai, who claimed to be the Karanavan (head) of the Tarwad comprising defendants 2‑19. The lower appellate court held that the senior Karanavan, Raman Pillai, had died before the mortgage was executed in 1088…

The appellants, originally members of the Railway Board Secretariat Service, were promoted to the Indian Railway Personnel Service and were granted seniority by backdating their increment dates up to five years under Principle (vii) of the seniority rules. Respondent No.1, a direct recruit to the IRPS, challenged this …

Frick India Ltd. and another challenged the levy of interest on purchase tax under the Haryana General Sales Tax Act, 1973 (and the Central Sales Tax Act, 1956) through a writ petition under Article 32 of the Constitution. The petitioners argued that the interest collected was unlawful and should be refunded. The Court…

The appellants were convicted of murder and related offences under Sections 147, 148, 149 and 302 of the Indian Penal Code based solely on the testimony of the deceased's brother, an interested witness. The brother claimed the accused fired at the victim from behind while he was running, but the post‑mortem report show…

The tenant, Nathu Ram, occupied a shop owned originally by Banarsidas. After Banarsidas died, his widowed daughter‑in‑law, Anar Devi, claimed ownership and sought possession of the shop for the bona‑fide requirement of starting a business for her sons, invoking clause (b) of Section 23A of the Madhya Pradesh Accommodat…

The petitioners, junior engineers in the Telegraph Engineering Service Group B, sought promotion to Assistant Engineer based on the year they passed the qualifying departmental examination under paragraph 206 of the P&T Manual, rather than on seniority. They also claimed retroactive promotion with back wages and a re‑f…

The Supreme Court clarified directions given on 14 May 1993 in a dispute between Sudharshan Trading Company Ltd., its subsidiary’s liquidators, and the Subscribers' Association of a chit fund. The Court ordered the holding company to pay 25% interest on a Rs 5 lakh deposit for the period 3 Nov 1989 to 5 Apr 1990, after…

The case arose from a trial before a Special Judge concerning alleged conspiracy and corruption in the Idamalayar Dam project. The Special Public Prosecutor sought, under Section 321 of the CrPC, permission to withdraw prosecution against one accused, G. Gopalakrishna Pillai, on the ground that there was no material to…

The Supreme Court examined the murder‑conspiracy case of 20 September 1984 in which twelve persons were tried for offences including murder, unlawful assembly and illegal possession of arms. The trial court convicted all accused and sentenced them to life imprisonment; the Gujarat High Court upheld the convictions, acq…

Meesala Ramakrishnan was convicted of murdering his wife by setting her on fire. The principal evidence was the victim's dying declaration, which she could not speak and therefore communicated through nods and gestures recorded by a magistrate. The issue before the Supreme Court was whether such a declaration, made by …

Hind Plastics imported PVC and paid customs duty and additional duty. It filed writ petitions in the Bombay High Court seeking a refund of duty on the packaging, claiming exemption under Notification No. 184‑CUS dated 2 August 1976 issued under section 25 of the Customs Act. The company argued that the invoice value in…

The assessee, T.G. Lakshmaiah Setty & Sons, a dealer in groundnut oil and cotton seeds, was assessed under the Andhra Pradesh General Sales Tax Act, 1957 for the years 1967‑68, 1970‑71 and 1971‑72 on cotton lint at 3% as an unclassified good. Relying on Alimchand Topandas Oil Mills, they argued that cotton lint should …

The Supreme Court reviewed a judgment of the Central Administrative Tribunal (New Delhi) in Union of India v. Harnam Singh, wherein the Tribunal had decided the case through a single member. The Court observed that, in view of the earlier decision in Amulya Chandra Kalita's case, the matter should perhaps be remanded f…

In the civil appeal concerning a partnership dispute between Smt. H.B. Usha and D.S. Ramachandra, the parties reached an amicable settlement. The Supreme Court approved the settlement, ordering the appellant to pay a total of Rs. 3.25 crore to the respondent for relinquishing his half‑share in the partnership firm Mis …

A partition suit was filed in 1965 and a preliminary decree was passed in 1975. Jamuna Prasad (J) died in 1987 leaving his widow, two sons and four daughters, one of whom claimed a one‑third share of the property. The Supreme Court, in an earlier order dated 3 March 1992, directed that the shares of J’s legal represent…

The case concerned IFS officer Chandra Gupta, who was superseded for promotion because of adverse entries in his confidential reports. After those entries were expunged in a special review, Gupta was promoted to Chief Conservator of Forests, but other officers who had earlier been promoted contested his seniority. The …

The case concerned a senior District Judge of the Madhya Pradesh Judicial Service who retired voluntarily and was appointed as a Member of the Central Administrative Tribunal (CAT). He sought to combine his prior state judicial service with his CAT service to obtain a single, consolidated pension, invoking Rule 16 of t…

The bench examined whether the additional compensation provision (Section 23(1‑A)) inserted by the Land Acquisition (Amendment) Act, 1984 applies to acquisition proceedings that were pending before the reference court on 24 September 1984, regardless of when the Collector’s award was made. The majority held that Sectio…

The Supreme Court heard an appeal by the Chairman of Puri Gramya Bank challenging the High Court's order that seniority among directly recruited managers should be based on the date of reporting to duty. The respondents had been selected by a Selection Board which prepared a merit list based on the ranking secured at t…

The State of Uttar Pradesh charged Babul Nath with rape of a five‑year‑old girl. The trial court convicted him based on an eye‑witness who saw the victim bleeding and the accused fleeing, and on a medical report showing a torn hymen, lacerations and other injuries indicating sexual intercourse. The Allahabad High Court…

The Government of Andhra Pradesh issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for a bus‑stand complex, followed by a declaration under Section 6. Several writ petitions were filed challenging the acquisition, and the Andhra Pradesh State Road Transport Corporation (APSRTC),…

The Supreme Court was asked to clarify whether Kerala's Judicial Service Rules, which require five years of standing at the Bar for appointment to the lowest judicial rung, complied with its earlier directive that a minimum of three years of legal practice is essential for recruitment. The State of Kerala filed Interlo…

The petitioners, aggrieved by a change in university examination dates, filed writ petitions before the Jammu & Kashmir High Court. After the High Court dismissed the petitions, the petitioners allegedly attempted to assault the Assistant Controller of Examinations outside the courtroom, leading the High Court to initi…

Universal Hydrocarbons Co. Ltd. purchased raw petroleum coke (RPC) and, after a manufacturing process, produced calcined petroleum coke (CPC). Sales tax was levied on the sale of CPC under the Bihar Finance Act, 1981 and the Central Sales Tax Act, 1956. The company claimed a refund under Section 15(b) of the Central Sa…

The case arose from the murder of Suresh Narsinh Dubey in 1989, for which Hitendra Vishnu Thakur and others were arrested under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). After a series of investigations, the accused sought bail on the ground that the prosecution had failed to file a charge‑…

The Jammu & Kashmir Hotel (Amenities and Services) Tariff Taxation Act, 1980 imposes a tax on amenities and services provided by hotels. East India Hotels Ltd. and others challenged its constitutional validity, arguing that the tax was effectively on the hotel keeper's gross receipts, i.e., income, which under the Cons…

The Himachal Pradesh Government issued an office memorandum in 1980 prescribing a recruitment procedure for Class III and IV posts, granting weightage of 10 marks each for candidates from families with no member in organised employment and for families with annual income not exceeding Rs.6,000, and defining "family" as…

The Kerala University Act, 1974, Calicut University Act, 1975 and Mahatma Gandhi University Act, 1985 empower the university Senate or Syndicate to frame statutes, but grant the State Government a one‑time power to make "First Statutes" under Section 83 (or Section 100 for Gandhi University). The appellants challenged …

The predecessor-in-interest of the respondents bought an evacuee property at an auction in 1962 but failed to pay the full price, leading to cancellation of the sale. After a High Court set aside the cancellation, the full price was paid in 1980 and a sale certificate was issued on 31 March 1981, confirming title effec…

The case concerned whether employees holding the post of Superintendent in the Punjab Labour Department, whose pay‑scale (Rs.350‑450) is higher than that of a Labour Inspector (Rs.200‑450), could be promoted to the Inspector post under Rule 8(1)(a)(i) of the Punjab Labour Department (State Service Class‑III) Rules, 196…

Girwar Singh, a large zamindar, died leaving agricultural and other property, leading to multiple testamentary suits and a pending civil suit over the non‑agricultural portion. While the civil suit was pending, consolidation proceedings under the U.P. Consolidation of Holdings Act, 1953 were initiated, and the civil su…

The petitioner, a publisher of Marxist literature, imported books containing the writings of Mao, Marx, Engels and Lenin in 1978. Customs seized the books and, after issuing multiple show‑cause notices, ordered their confiscation under Section 111(d) of the Customs Act, 1962, invoking Notification No. 77 of 1956 which …

The Andhra Pradesh State Financial Corporation prescribed promotion criteria for the post of Manager that allocated 25% of marks to an interview, 50% to performance appraisal based on confidential reports, and 15% to seniority for service of five years or more, without any written test. Several employees whose promotio…

The Christian Children Fund Inc., a charitable organization, applied for exemption from property tax on its Delhi branch office premises under Section 115(4) of the Delhi Municipal Corporation Act, 1957. The municipal corporation rejected the exemption, holding that the premises were used for office purposes and not fo…

The Kerala Government, invoking the Kerala Cashew Factories (Acquisition) Act, 1974, issued a common notice to 36 cashew factories stating they were closed and would cause large‑scale unemployment, and subsequently declared the factories transferred to the State. The owners, who were also occupiers, challenged the noti…

The petitioners, contract labourers employed through various contractors at SAIL's Rourkela plant for 10‑20 years, filed a writ petition under Article 32 seeking parity in pay and absorption as regular employees, alleging that the contractor arrangement was a camouflage to deny them rights. The Supreme Court held that …

The Haryana Subordinate Selection Board conducted a written test and interview for 96 Taxation Inspector posts in 1988‑89, but the process was riddled with fabricated interview sheets, fake roll numbers, forgery, ministerial interference and the destruction of original records. Unsuccessful candidates filed writ petiti…

The case arose from the abduction and murder of a child, Varun Kumar, for which five persons were convicted under Sections 302, 149, 120B of the IPC, Section 3 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) and related provisions. On appeal, the Supreme Court examined whether the prosecution had pro…

The Supreme Court examined the constitutional validity of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) and the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA), both placed in the Ninth Schedule. It held that Parliament was compe…

United Bank of India leased premises from Cook's and Kelvey Properties and allowed its employees' trade union to occupy the premises for union activities without the landlord's consent. The bank did not receive any rent from the union, maintained the premises, paid electricity charges, and retained the power to ask the…

The tenant of a residential premises died leaving a will that bequeathed the tenancy rights to her sister's son. The appellant, as executor, sought eviction of the respondents who were residing in the premises, arguing that the bequest conferred a tenancy. The respondents contended that a testamentary transfer amounted…

Om Prakash booked a tractor on 12‑12‑1990, paying an advance and was first on the dealer's booking list. The dealer delayed delivery, supplied tractors to lower‑ranked customers, and when the tractor was finally delivered on 21‑9‑1991 the price had risen, causing a loss of Rs 40,690 to the consumer. The consumer filed …

G.C. Ghosh, a tenant, was ordered evicted by the respondents on the ground that he failed to deposit the November 1984 rent by the statutory deadline of 15 December, depositing it instead on 17 December. The lower courts had not found any default on the earlier grounds of bona‑fide requirement or sub‑letting, nor had t…

The appellants Suraj Pal, Nathi and Puran were convicted under IPC sections 395, 396, 397 and 412 for a dacoity that resulted in two murders. The prosecution sought a test identification parade, but the accused voluntarily refused to appear, claiming they had already been shown to the witnesses. The trial and High Cour…

The Supreme Court examined Notification No. 146/74 issued under the Central Excise Rules, 1944, which provided a rebate on excise duty for sugar produced in excess of the average production of the preceding five years. The dispute centered on whether the percentage rebates in sub‑clauses (a) to (e) should be calculated…