Judgments of 1995

The case concerned the validity of an amendment to Rule 6 of the Tamil Nadu Revenue Subordinate Service Special Rules introduced by G.O. Ms. No. 660 (19 April 1988) which gave retrospective effect to the amendment made in 1977. The respondents, non‑reserved category assistants, challenged the amendment on the ground th…

The appellant, Rishyashringa Jewellery Ltd., issued a prospectus stating that it had applied for listing its shares on the Coimbatore, Bombay and Madras Stock Exchanges. While Coimbatore granted permission within the ten‑week period prescribed under Section 73(1A) of the Companies Act, 1956, the Bombay Exchange rejecte…

M/s Lok Nath and Company filed wealth‑tax returns late for the years 1959‑60 to 1967‑68. The Wealth‑Tax Officer, after issuing a notice under s.18(1)(a), accepted the assessee’s revised returns and made an assessment, incorrectly stating it was under s.16(3) though it was in substance under s.16(1). The Commissioner, b…

The Tata Mills Ltd occupied an undivided, undemarcated portion of Bombay House, owned by Associated Building Co., without a specific lease and had been using the space gratuitously after stopping payment of compensation. After the Textile Undertakings (Taking Over of Management) Act, 1983 vested management of Tata Mill…

The appellants, who were Upper Division Clerks receiving a special pay of Rs 35 per month, were promoted to Head Clerks/Chief Clerks after a 1979 memo that barred the continuation of that special pay upon promotion. A Board of Arbitration later directed that the special pay be granted to promoted clerks effective 1 Sep…

The Punjab Town Improvement Act, 1922 was invoked to acquire 124 kanals 3 marlas of land in Kapurthala for Development Scheme No. 2. The Collector, in his award dated 12 October 1976, divided the land into three belts (A, B, C) and fixed compensation at Rs 300, Rs 360 and Rs 210 per marla respectively. On reference und…

The State acquired six acres of land for a hydro‑electric project under s.4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer fixed compensation which was enhanced by the reference court to Rs 15,520 per acre. The High Court, applying a multiplier of 15 to the rental value, raised the amount to Rs 18,0…

The appellant’s land was acquired under Section 4(1) of the Land Acquisition Act, 1894 and an award was made by the Collector under Section 11. After receiving the notice of award, the appellant objected and paid a deficit court fee. The Collector then referred the matter to the Civil Court under Section 18 for determi…

The appellants filed a suit claiming that certain lands in Chaibari Village were transferred to their predecessor as dowry and that they had continued possession, asserting that the lands were not vested in the State under the Assam Acquisition of Zamindaries Act, 1951. The trial court decreed in their favour, but the …

Dr. Ashok Kumar Kohli, selected by the Jammu & Kashmir Public Service Commission for a lecturer post, was not appointed and filed a writ of mandamus. The State Government contended that the select list had lapsed after one year, while Dr. Kohli argued otherwise. The High Court issued interim directions, including an or…

The appellants purchased 75.51 acres of land belonging to Jagdish Chander in an auction sale ordered by a civil court in 1975 to satisfy money suits. The land was later declared surplus under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, and the prescribed authority refused to set aside the surplu…

The Society (Budha Griha Nirman Sahyog Samiti Ltd.) sought acquisition of 32.48 acres of land under emergency provisions of the Land Acquisition Act, 1894. The State of Bihar, through the Patna Development Authority, took possession of the land but failed to complete the award within two years, leading the Society to f…

The appellants, residents of Sarita Vihar, challenged the Delhi Development Authority’s (DDA) allotment of park land to a private institute for operating a nursery school. They argued that the land was reserved for a park under the Delhi Development Act, 1957 and the corresponding zoning rules, making the allotment ill…

The Uttar Pradesh Public Service Commission selected candidates for the post of Assistant Labour Commissioners and sent the list to the Government for approval, subject to the outcome of a writ petition filed by a candidate who later retired. The appeal concerned the promotion claims of other officers under Rule 5 of t…

The petitioner, Sushila Saw Mill, operated a saw mill in Keonjhar district of Orissa, which lay within a "prohibited area" defined as a reserved forest or within 10 km of its boundary. Under the Orissa Saw Mills & Saw Pits (Control) Act, 1991, Section 4(1) imposes a total embargo on establishing or operating saw mills …

The Supreme Court revisited a contempt petition filed by A.N. Sehgal and others against Raje Ram Sheoran and others for failing to implement the Court's 1992 directions on seniority allocation between direct recruits and promotees under the Haryana Service Engineers (Class‑I) PWD Rules, 1960. The earlier judgment manda…

The appellant, a landlady, filed an eviction petition against the lessee under Section 23A(b) of the Madhya Pradesh Accommodation Control Act, 1961. The High Court dismissed the petition, holding that the appellant was not the owner because the premises were owned by the Municipal Corporation. On appeal, the Supreme Co…

The appellant, Kamla Shankar, had obtained a direction from the Allahabad High Court to appear for the fourth‑year diploma examination, but the result was never declared. He filed a civil appeal before this Court seeking an order similar to one passed on 12 January 1986, directing the Board of Technical Education, Kanp…

The Improvement Trust, Patiala appealed against an award of the Land Acquisition Tribunal that granted the owner‑share certain benefits under Section 23(1‑A) of the Land Acquisition Act, 1894 as amended by the 1984 amendment. The respondents claimed entitlement to a 12% per annum interest on the enhanced compensation f…

The appellant, a Scheduled Tribe candidate, was appointed as a lecturer in 1981 to a reserved vacancy on a temporary, ad‑hoc basis and served continuously until 1993. The State later filled the same category of vacancies through regular selection by the Public Service Commission (PSC), appointing three candidates who w…

The respondent, a former Superintendent of a high‑security jail, was charged with grave lapses after a terrorist escape in January 1987. The memo of charges was served only in July 1992, five and a half years later, and an enquiry was appointed in 1993. The Punjab & Haryana High Court quashed the charges, citing the de…

The Consumer Unity and Trust Society filed a complaint against Bank of Baroda alleging loss of banking services due to an illegal 54‑day strike by the bank’s employees. The society claimed compensation for interest on overdrafts, wharfage, demurrage and other consequential losses. The National Consumer Disputes Redress…

A first information report (FIR) was lodged against the respondent alleging offences under several IPC sections. The respondent filed a petition under Section 482 of the Criminal Procedure Code seeking quashing of the FIR. The Madras High Court quashed the FIR, relying on evidence collected by the investigating agency …

The Supreme Court examined whether Section 4(1) of the Benami Transactions (Prohibition) Act, 1988 could be applied to suits, claims or actions that were filed before the Act came into force, seeking to enforce rights over benami‑held property. The petitioners argued that the proceedings, initiated under the law then i…

The respondent, a senior police officer, was investigated under the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known income. After a FIR was lodged, the Maharashtra government granted sanction under Section 197 of the CrPC and a charge‑sheet was filed. The Bombay High Court, invoki…

The Special Court convicted Mukhtar Singh and several relatives under IPC sections 302 and 201 for the death of Pritam Kaur, relying mainly on the testimony of the deceased's cousin (PW‑3) and alleged extra‑judicial confessions. The Supreme Court examined the reliability of PW‑3, noting his failure to report the incide…

The State of Punjab appealed a judgment of the Punjab & Haryana High Court (RA No. 164 of 1992) challenging the same legal question previously decided in State of Punjab & Ors. v. Vinod Kumar & Ors. (Civil Appeal No. 1879 of 1993). The Supreme Court, recalling its earlier order that had allowed the appeal in Vinod Kuma…

The appellants filed a partition suit based on three sale deeds executed by Rosammal and Mariammal in their favour. The respondents challenged the deeds, arguing that the vendors' mother, Kochammal, could not inherit her son Kumaraswami's share because she was allegedly a Christian, rendering the deeds invalid. The tri…

The Mother Superior, Infant Jesus Franciscan Clarist Convent, a charitable society registered under the Societies Registration Act, owned land on which a Kudikidappu Karan (homestead dweller) resided. The society sought to construct an orphanage and applied to the government to acquire a new site for the homestead dwel…

Sabir Hussain and another appealed against the State of U.P. challenging the validity of a scheme approved under the Motor Vehicles Act, 1939 on the ground that the scheme failed to specify the number of services. The question before the Supreme Court was whether such an omission would render the approved scheme invali…

The Supreme Court considered the classification of mazdoors employed in the military engineering department following the recommendations of the Third Pay Commission. Some workers, after passing a prescribed test, were initially placed in the skilled category but were later re‑fit into the semi‑skilled category with an…

The accused five men were convicted for the murder of Amar Pal after the prosecution proved that they attacked him with knives, causing sixteen injuries and his death. The prosecution relied on three eye‑witnesses – PW2, PW3 and Dr. Rajveer Singh (PW6) – whose statements were recorded three weeks and 56 days after the …

The State of Himachal Pradesh charged Shri Pirthi Chand under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 after police seized 1.015 kg of charas following a raid based on secret information. The Sessions Judge discharged the accused, holding that the mandatory safeguards of Section 50 of the …

The appellant, Mustaq Ali Khan (deceased) by his legal representatives, claimed Asami rights over 40.99 acres in Uttar Pradesh after succeeding his disabled son, who had sub‑leased the land to several respondents. The respondents, who had cultivated the land for more than 45 years, asserted Adhivasi status and sought B…

The appellants’ 62.5‑acre agricultural land was acquired for the extension of the South Eastern Railway Station and an initial compensation of Rs.250 per acre was awarded under the Land Acquisition Act, 1894. The Reference Court enhanced the award to Rs.2,000 per acre and the Bombay High Court further raised it to Rs.7…

Sm. Yashomati Harsukh Lal Lathia, having passed Matric which is treated as the 11th standard in Gujarat's Saurashtra region, applied for membership of the Saurashtra‑Kutch Stock Exchange but was rejected for not possessing a 12th standard qualification. The issue before the Court was whether the amendment to the Sauras…

Bhattad Leasing and Finance Co. Ltd. appealed to the Supreme Court against a contempt proceeding initiated by the Bombay High Court against Mr. N. Neville Wadia and others. The High Court had alleged that respondents 5, 6 and 7 violated a status‑quo order dated 30 May 1994, while respondents 1‑4 were also implicated. T…

The respondents obtained appointments in the Railway Service by presenting forged casual labourer service cards. When the fraud was discovered, the Railway authorities removed them and the respondents sought reinstatement before the Central Administrative Tribunal, which ordered their reinstatement with benefits. The U…

The Supreme Court examined whether the Haryana Housing Board (HHB) qualifies as a "local authority" under section 32(iv) of the Payment of Bonus Act, 1965. The Board is a statutory corporation whose members are appointed by the State Government and whose functions are subject to extensive governmental control, includin…

The State of Punjab appealed against a High Court order that, while confirming the Collector's award of compensation for land acquisition, also granted additional statutory benefits under the Land Acquisition (Amendment) Act, 1984. The Supreme Court held that a court can award the extra amounts under Sections 23(1‑A), …

The State of Karnataka appealed against the award made by the Collector in a land acquisition proceeding involving Mallinath and others. The issue was whether Section 23(1‑A) of the Land Acquisition Act, 1894, as amended by the Land Acquisition (Amendment) Act 68 of 1984, which provides for additional compensation, cou…

In a civil suit concerning 0.7 acres of land covered by the U.P. Zamindari Abolition and Land Reforms Act, 1951, the defendant objected that the suit was barred under Section 331 of the Act. The trial court and the appellate court rejected the objection, and the High Court dismissed the second appeal in limine. The def…

The proprietor of Mis. Jabalpur Tractors claimed garage charges of Rs. 18,000 against Sedmal Jainarain and another. The same dispute was already pending before the District Court (C.S. No. 49‑B/1990). The State Consumer Forum held the claim could not be entertained as it was sub‑judice, but the National Consumer Disput…

The Commissioner of Salem Municipality appealed to the Supreme Court against an order of the Tamil Nadu Administrative Tribunal that had summarily disposed of the matter without hearing the rival contentions. The Supreme Court held that the Tribunal was not justified in such summary disposal, as the competing claims re…

The appellant, a colour‑blind candidate, was selected by the Public Service Commission for the post of Agricultural Officer (Class II) but was not appointed because of his visual handicap. The appellant challenged the refusal before the Maharashtra Administrative Tribunal, which dismissed his claim, leading him to file…

The father of the respondent, a senior clerk in the Railways, died on 12 September 1972 leaving a wife, two adult sons and the respondent who was then a minor. The respondent applied for a compassionate appointment after attaining majority, but his applications in 1987, 1990 and 1991 were rejected on the ground of limi…

The petitioner, Krishna Veer Singh Chauhan, was appointed Secretary of the Vidharbha Rashtrabhasha Prachar Samiti in 1982 but the respondents forcibly took control of the trust's affairs and properties. The petitioner obtained orders from the Joint Charity Commissioner and the Supreme Court directing the respondents to…

The case concerned two properties of the deceased Syed Abdul Inamdar: agricultural lands that were Inams and a dwelling unit. The Inams, originally impartible and vested in the eldest son Abubakar by primogeniture, were re‑granted to him after the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955,…

The deceased Roshani was married in 1985 and, five to six months later, her husband, mother‑in‑law and sister‑in‑law allegedly demanded additional dowry items such as a television, fan and buffalo. The mother‑in‑law allegedly inflicted a wound with a sickle; the deceased later ingested naphthalene balls and died of poi…

The State of Punjab appealed to the Supreme Court against the compensation awarded for the acquisition of 25 acres of land for a grain market. The Collector initially awarded Rs 40,000 to Rs 10,000 per acre, which the Additional District Judge enhanced to Rs 90,000‑30,000 per acre. The Punjab & Haryana High Court reduc…

The plaintiffs, Hindus, sued the Sikh defendants for ejectment from two rooms of the southern Dharamshalla of the Martand shrine and for a permanent injunction restraining the defendants from interfering with Hindu religious ceremonies and from holding Dewans in the open space of the shrine. The defendants claimed titl…

The appellants, teachers promoted to Reader and Professor under the University Grants Commission's merit promotion scheme, were placed senior to directly recruited faculty in Vikram University's seniority list. The directly recruited respondents challenged this placement, and the Madhya Pradesh High Court ordered the d…

Ithara and his wife Annam, owners of 7 acres and odd land, executed a deed on 5 March 1966 giving 70 cents of land absolutely to Sosa in gratitude for her service, while reserving for themselves the right to live in the building, enjoy all income, and alienate or mortgage the remaining property during their lifetimes. …

In 1954 the government acquired about 20,000 acres of land for the Rourkela Steel Plant and paid compensation. The Union Minister for Steel advised that at least one member of each displaced family should be given a job in the plant (the T.N. Singh formula). In 1995 the displaced persons filed a writ petition under Art…

The Collector of Central Excise, Bombay appealed against the Customs, Excise and Gold Control Appellate Tribunal's decision that the distillation and recrystallisation processes undertaken by Mis. S.D. Fine Chemicals Pvt. Ltd. did not constitute "manufacture" for excise purposes. The Tribunal was divided: the technical…

The petitioners, tenants of four shops, alleged that the third respondent fraudulently obtained two court decrees from Gauhati and Gaya to evict them from their premises, purchasing the decrees and powers of attorney for a sum of rupees twenty thousand each. They sought a writ under Article 32 directing the CBI to inve…

P.N. Malhotra, a civilian employee in the defence services whose salary was drawn from the Defence Estimates, was dismissed after a disciplinary enquiry conducted under the CCS (CCA) Rules, 1965. He challenged the dismissal before the Central Administrative Tribunal, which held that the 1965 Rules did not apply to him …

The State of Maharashtra appealed a High Court order that had set aside a revenue tribunal's decision adding 51.08 acres of land to the holding of Gulab Rao, a surplus land holder. The land had been conveyed by unregistered sale agreements dated 1‑April‑1968, before the cut‑off date of 26 September 1970. The issue was …

The petitioners challenged two notifications dated 6 January 1995 and 9 March 1995 issued under Sections 4, 6 and 17(4) of the Land Acquisition Act, 1894 for land in Nilothi, Delhi, which was to be used for a sewage‑treatment plant (STP). They argued that the phrase "is likely to be needed" in the Section 4 notificatio…

The Supreme Court examined a report by former Justice O. Chinnappa Reddy investigating Delhi Development Authority (DDA) officials who allegedly colluded with Skipper Construction to hand over land possession without full auction payment and to allow construction, causing loss to the DDA and the public. The report foun…

The appellants sought compensation for land acquired by the State under the Land Acquisition Act, 1894. After a notification in 1973, the Collector awarded Rs 10,080 per acre in 1975, which was later enhanced by the District Judge and the High Court to Rs 24,000 per acre. The High Court also awarded solatium, interest …

The appellant, Dr. KM Suman Agarwal, was directly recruited as a Reader in July 1987, while the respondent, Dr. (Mrs.) Hiru Kumar, was promoted to Reader in February 1985 under the personal promotion scheme. When the Director of the Home Science Institute went on leave, the respondent claimed the right to act as Direct…

The appellants were appointed as Junior Basic Teachers (J.B.T.) in Haryana government schools without B.T./B.Ed. qualifications and later obtained those degrees. They sought higher grade (Masters) pay automatically, relying on a 1957 Punjab Government instruction that linked pay to qualification. The State of Haryana c…

The State of Uttar Pradesh sought to levy excise duty on various categories of wastage arising in the manufacture of Indian Made Foreign Liquor (IMFL): (A) wastage exported outside the State, (B) wastage during transport of high‑strength spirit, (C) loss due to obscuration in rum production, and (D) pipeline loss. The …

The appellant, V.M. Mathew, contested the validity of a will executed by his sister V.S. Annama, while the respondents sought letters of administration. In the earlier proceeding, a witness named Kurian was examined, but he died before the case concluded. The appellant later sought to introduce Kurian's deposition in a…

The State of Orissa issued a notification under s.4(1) of the Land Acquisition Act on 16 July 1970, invoking the urgency clause s.17(4) to dispense with the enquiry required by s.5‑A, and later took possession of the land. Two writ petitions were filed in the Orissa High Court: one (OJC 43/77) challenged the validity o…

N.V. Phannendran, a travelling ticket examiner, was removed from service by the Divisional Railway Manager (DRM). He challenged the removal before the Central Administrative Tribunal (CAT), arguing that the DRM, not being the appointing authority, lacked competence to impose removal under the Railway Servants (Discipli…

The Special Land Acquisition Officer acquired 7.14 cents of land near Bangalore for an agricultural university. The Collector awarded Rs 12,000 per acre for 5.20 cents of agricultural land and Rs 1,000 per acre for 1.34 cents treated as phot‑kharab land. On reference under s.18, the Court relied on a sale deed dated 24…

The landlord filed a civil suit for injunction against the appellant, who claimed to be in possession of agricultural land under an oral tenancy for the year 1968-69. The civil court referred the tenancy issue to the Tehsildar, who found no oral tenancy, but the Special Deputy Collector and the Revenue Tribunal later h…

The appellant, U.P. State Sugar Corporation Ltd., sought exemption of 2.18 acres of a 2.40‑acre parcel slated for acquisition under the Land Acquisition Act, 1894, arguing that the land was needed for the convenient enjoyment of its General Manager's residence and staff quarters. The corporation offered an alternative …

Parimal Chandra and other canteen workers of the Life Insurance Corporation of India (LIC) filed a writ petition seeking to be treated as regular employees of LIC and to receive the minimum salary paid to Class IV employees, invoking the principle of equal pay for equal work. The High Court initially granted the relief…

Mis Commerce International imported 125 cartons of toners and declared their value based on an invoice and a certificate of origin. The Customs Department asked the importer to produce a price list, but the importer refused, citing the trading company's confidentiality. Customs obtained a price list from the manufactur…

The Union acquired a large tract of land comprising seven villages for defence purposes, issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 on 21‑01‑1977. The Collector awarded compensation on 11‑04‑1980, which was later enhanced by the Additional District Judge in 1980 and 1982, and further en…

Wassan Singh and two co‑accused attacked a gathering at Hazara Singh's house; during the fray Singh was injured multiple times and, fearing grievous hurt, fired his gun, inadvertently killing an innocent woman, Bholan. He was convicted by the Sessions Court under Section 304 Part I IPC and under Section 27 of the Arms …

Ranjit Kumar Majumdar, a civilian employee holding a civil post in the defence services, was suspended under Rule 10(1) of the Central Civil Services (Classification Control and Appeal) Rules, 1965 while a criminal prosecution was pending. He challenged the suspension before the Central Administrative Tribunal, arguing…

Associated Power Co. Ltd., an electricity generation and distribution company, appropriated Rs 46,460 to a Contingency Reserve as required by the Electricity (Supply) Act, 1948 and claimed it as a deduction for the assessment year 1973‑74. The Income Tax Officer rejected the claim; the Appellate Assistant Commissioner …

The respondent, Shakeel Ahmed, was detained on July 31, 1989 under Section 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He challenged the detention, and the Allahabad High Court set aside the order on two grounds: a one‑month delay in disposing his representation a…

Gurmit Kaur, married in 1971, entered into a mutual consent divorce agreement with her husband Surjit Singh, who subsequently remarried. She filed a petition under Section 125 of the Code of Criminal Procedure, 1973 for maintenance. The magistrate granted her Rs.200 per month and Rs.100 for her minor son; the Additiona…

The State of Punjab charged Jasbir Singh with possession of 70 bags of poppy husk without a licence under the Narcotic Drugs and Psychotropic Substances Act, 1985. Police intercepted the contraband but failed to obtain a written waiver from the accused confirming they had no objection to the search and were informed of…

The respondent, an Assistant Godown Manager, misappropriated Rs. 2,61,859.30 in 1976. A departmental enquiry began in 1979 and prosecution was initially filed in 1985 without the mandatory sanction under Section 197 of the Code of Criminal Procedure, 1973, leading to his discharge. After obtaining the sanction in 1991,…

A food inspector collected milk samples from the respondents' premises and, after a public analyst reported adulteration, the local health authority granted sanction under Section 20(1) of the Food Adulteration Act, 1954, to prosecute. The sanction was issued as a cyclostyled order without detailed reasons. The trial m…

Nahar Singh appealed against the State of Uttar Pradesh challenging the validity of a land acquisition proceeding that began in 1974. A notification under Section 4(1) and a declaration under Section 6 of the Land Acquisition Act, 1894 were issued, but no award was made. The Land Acquisition (Amendment) Act, 1984 intro…

The appellants, lower‑division clerks in district police offices of Orissa, sought parity in pay scales and benefits with ministerial staff serving in the head offices of the DIG, IG and DGP. The Orissa Administrative Tribunal rejected their claim, holding that the two groups formed separate cadres. The State relied on…

Hari Krishna Patel and another filed a suit seeking a declaration of title and a perpetual injunction over a parcel of land in Musheerabad, Hyderabad, alleging purchase from Kulsum Bi. The plaintiffs offered no documentary proof of title except a sale deed executed by the plaintiff's father in 1968. The High Court, rel…

The Collector issued a notification under Section 4(1) of the Land Acquisition Act, 1896 to acquire land for the weaker sections (Scheduled Castes and Scheduled Tribes). The High Court quashed the notification on the grounds of colourable exercise of power, non‑application of mind by the Collector, and failure to obtai…

The State of Uttar Pradesh appealed against the Allahabad High Court's order that set aside a disciplinary penalty imposed on Ravinder Nath Chaturvedi and another respondent. The High Court had held that the respondents were not given a reasonable opportunity to be heard during the inquiry and that no witness was exami…

The Union of India acquired land for defence purposes under the Land Acquisition Act, 1894 and a compensation award was made and became final. After the 1984 Amendment Act (Act 68) introduced additional solatium and interest benefits, the landowners filed an application under Sections 151 and 152 of the Code of Civil P…

The State of Uttar Pradesh appealed a High Court order concerning compensation awarded under the Land Acquisition Act, 1894. The Supreme Court examined whether the State should be required to deposit a portion of the awarded amount while the appeal is pending. It directed the State to deposit 50% of the compensation aw…

The appellants were convicted under IPC sections 451, 426 read with 34 and sentenced to two months' imprisonment. The Himachal Pradesh High Court postponed the sentence under Section 4 of the Probation of Offenders Act, 1958, on the condition that the appellants file an undertaking of good conduct, which they failed to…

The appellant, Chandrashekhar Gatanan Bhogaonkar, filed a civil appeal challenging the findings of lower courts regarding his possession of a disputed parcel of land and the grant of an ad interim injunction. The trial court held that the appellant was in possession and that granting an injunction would cause irreparab…

The respondent, a lecturer, was employed by a private college that was taken over by the Punjab Government in 1983 under a gift deed. The deed stipulated that staff absorbed by the Government would be treated as "new entrants" and that the Government would not assume any liability for service rendered before the takeov…

The Commissioner of Sales Tax, Orissa appealed against the Orissa High Court's order granting Jagannath Cotton Company exemption from sales tax under the State's Industrial Policy Resolutions of 1986 and 1989. The company argued that its process of extracting cotton from waste cotton constituted manufacturing, thereby …

The Supreme Court examined the admission process for medical courses in Uttar Pradesh where Lucknow University had applied a 15% horizontal reservation for five special categories (dependents of freedom fighters, children of soldiers, physically handicapped, hill area and Uttarakhand area) alongside vertical reservatio…

The dispute arose under a contract that named the Superintending Engineer, Planning Circle, Chandigarh as the arbitrator. After the arbitrator was appointed and began his duties, the contractor (appellant) complained that the arbitrator delayed the award and sought the court’s intervention to revoke his appointment and…

The State issued a notification under Section 4(1) of the Land Acquisition Act on 29 January 1957 for acquisition of certain lands. The owner subsequently sold the lands to the petitioners on 11 June 1957 and 22 August 1958, i.e., after the notification. The Government completed the acquisition process, taking possessi…

Akhilesh Hajam was convicted of murdering his mother, sister, wife and daughter based largely on circumstantial evidence, including a timeline of the killings, an alleged disclosure statement leading to the recovery of a blood‑stained iron angle, and assertions that he had absconded and was intoxicated. The trial court…

J. Rangaswamy, holding a diploma in Radiological Physics from BARC, was serving in a special ad‑hoc post with pay higher than that of a professor and sought to be recognized as Professor of Radiological Physics, arguing that his diploma was an adequate qualification in lieu of a Ph.D. He filed a writ petition, a civil …

S.A. Rasheed applied in 1980 for a quarry lease of pink granite covering 300 acres. A lease was initially granted for 100 acres on 6 January 1981 and corrected to 300 acres on 6 June 1981, but before a lease deed could be executed, Rule 3(A) of the Karnataka Minor Mineral Concession Rules, 1969, which barred private gr…

The Gosar Family Trust was a private discretionary trust with two classes of beneficiaries: the first class could receive the trust's annual income, while the second class would receive the corpus and any accumulated income upon termination. The trustees had absolute discretion to distribute or retain income and could …

The appellants, former forest officers, were appointed to temporary Officer on Special Duty (O.S.D.) posts in the State Forest Service after senior posts in the Indian Forest Service were abolished. They served in these O.S.D. posts from 1977 to 1985 and were later appointed to the Indian Forest Service in 1985 with a …

Sumati Dayal, a dealer in art, claimed that large sums received in 1971‑72 and 1972‑73 were race winnings (Rs 3,11,831 and Rs 93,500). The Income‑Tax Officer treated the amounts as income from undisclosed sources under Section 68 of the Income‑Tax Act, 1961. The Settlement Commission, by majority, upheld the assessment…

The Supreme Court examined whether the term "jewellery" in Section 5(1)(viii) of the Wealth Tax Act, 1957, as it stood before the 1971 amendment and the addition of Explanation 1, covered gold ornaments that did not contain precious or semi‑precious stones. The High Court had held that such ornaments were excluded, but…

The appellant was convicted of murder under S.302 IPC for the killing of Ajmer Singh. The prosecution’s case rested on the testimony of the deceased’s elder brother (PW3), who was the sole eye‑witness examined in chief, while two other eye‑witnesses (PW4 and PW5) were tendered only for cross‑examination. The Supreme Co…

Fenner (India) Ltd. manufactured PVC‑impregnated conveyor belting of lengths 100‑400 m, widths 600‑1200 mm and thickness 7‑9.5 mm. The Central Excise authorities classified the belting under Tariff Heading 39.20 (plates, sheets, film, foil and strip) as a "strip", while the appellants argued that it should fall under H…

J.M.A. Industries, a manufacturer of light switches, dipper switches and bulb holders solely for motor vehicles, challenged a notice levying excise duty under Tariff Item 61 (Electric Lighting Fittings). The Delhi High Court held that such items, being intended for vehicles, are not covered by Item 61 and quashed the n…

Mis Garware NyLons Ltd., a manufacturer of nylon and polyester yarn, imported goods that were subject to octroi. The municipal corporation valued the goods for octroi under Rule 17(a) of the Maharashtra Municipalities (Octroi) Rules, 1968 and included the customs duty paid on the imports. The appellant challenged this …

Gulab Chand and co‑accused were charged with criminal conspiracy, murder and robbery of Kapuriyabai's ornaments. The trial court acquitted them of the murder and robbery charges, convicting only under section 380, but the Madhya Pradesh High Court reversed this, convicting Gulab Chand under sections 302, 394 and 397 an…

The Municipal Committee of Jind appealed against a suit filed by Jagat Singh for a permanent injunction restraining the Committee from interfering with his claimed ownership and possession of five kanals of land. Jagat Singh relied solely on revenue records and a mutation entry, without producing a sale deed, to establ…

The State of Punjab appealed against the Punjab & Haryana High Court’s orders granting enhanced solatium, interest and additional amounts under the 1984 amendment to the Land Acquisition Act in a case where the land acquisition notification (1974) and the original compensation awards (1976‑1980) pre‑dated the amendment…

The State of Punjab acquired land under the Land Acquisition Act, publishing a notification in February 1981 and the Collector making an award on December 22, 1983. The respondents did not seek a reference under Section 18 of the Act. After a High Court judgment in 1990 enhanced compensation for another claimant, the r…

The Supreme Court examined an appeal by Kummari Veeraiah and others challenging the compensation awarded for 69 acres and 25 gunthas of land acquired by the State of Andhra Pradesh for house‑sites. The petitioners relied on certified copies of several sale deeds, claiming a market value of Rs.40 per square yard, while …

The State of Tamil Nadu punished Thiru K.S. Murugesan with stoppage of three increments for misconduct in 1982, a penalty that was reaffirmed after a fresh enquiry in 1984. When his promotion to Deputy Director of Statistics for the 1983‑84 year was considered under Rule 8 of the Tamil Nadu Statistics Service Rules, hi…

The respondents, originally appointed as peons in 1970, opted for Group C status in 1971 after a pay‑scale revision that placed employees drawing above Rs 230 in Group C. When they reached the statutory retirement age of 58, a retirement notice was issued. They challenged the notice, contending that under Rule 76 of th…

The proprietor of Hotel Darpan in Mussoorie was served notices under Section 10 of the Uttar Pradesh Taxation and Land Revenue Laws Act, 1975, demanding payment of a Rs 5,000 amount and threatening a daily fine for non‑deposit. The appellant argued that the demand was for a penalty imposed for failure to file the requi…

Lal Singh, a constable of the Gujarat State Reserve Police, died in service. His widow received a family pension which was stopped after she remarried. The deceased's mother, Sarti Devi, filed a suit in a Haryana court seeking the family pension. The trial court and subsequent appellate courts decreed in her favour, bu…

Jayakumar Parida, appointed as an Extra‑Departmental Branch Post Master in 1989, was terminated in 1991 under Rule 6 of the Posts and Telegraph Extra‑Departmental Agents (Conduct and Salaries) Rules, 1964, on the ground that he had produced a false income certificate at the time of appointment. No notice or reason was …

The Supreme Court entertained a writ petition under Article 32 filed by legal representatives of victims of a fire tragedy in Delhi, seeking compensation for the deceased and for injuries, medical expenses, and mental agony suffered by survivors. The petitioners contended that the Delhi Administration was liable to pay…

The plaintiffs filed a suit for specific performance of an agreement for reconveyance and later applied under Order 16 Rule 17 of the CPC to amend the plaint to claim that the sale deed and reconveyance were a single transaction (mortgage by conditional sale) and to seek alternative relief of redemption of the mortgage…

The appellant, Satyendra Nath Bajpai, served as a Registration Clerk on daily wages from 14 February 1985 to 31 March 1990 and was not regularised despite being placed at the top of the approved list, while clerks listed below him were regularised. He filed a writ petition (W.P. No. 849/95) in the Allahabad High Court …

The appellant, A.T. Kumar Nigam, was initially appointed as a Registration Clerk on a daily‑wage basis and later selected by a district selection committee for a regular post under the Subordinate Offices Ministerial Staff (District Recruitment) Rules. He joined the regular post on 25 February 1991 but his services wer…

The appellants, Sanjay Gupta and others, were appointed as Registration Clerks in the Sub‑Registrar's office at Jhansi after being selected by a committee under the Subordinate Offices Ministerial Staff (District Recruitment) Rules, 1985. The Inspector General later issued an order directing termination of all Registra…

The appellant, R.S. Pandey, was initially appointed as a Registration Clerk on daily wages and later appointed ad‑hoc as a Peon. After a recommendation for regularisation, his appointment as Peon was discontinued in February 1991. He filed a writ petition challenging the termination, which the Allahabad High Court dism…

The petitioners were appointed as Registration Clerks on a daily‑wage basis for short periods under a Governor’s sanction that limited such appointments to three months per financial year. They claimed that their appointments were regular under the Uttar Pradesh Registration Manual and sought regularisation under the U…

The appellants were convicted by a Designated Court for murder, attempt to murder, causing hurt and an offence under Section 3 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) arising from an altercation at a video parlour that led to a fatal assault near a hotel. On appeal, the Supreme Court held tha…

The State acquired 46 acres 6 gunthas of land in Miryalaguda for a housing scheme. The trial court fixed compensation at Rs 65,000 per acre with a one‑third deduction for development charges. A subordinate judge enhanced the market value to Rs 1,20,000 per acre and reduced the deduction to one‑fourth. The High Court up…

The appellant, a woman who obtained a divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, later filed an application for maintenance under Section 125 of the Code of Criminal Procedure. The trial magistrate dismissed the application, holding that a divorcee could not claim maintenance, but the Sess…

The Punjab Armed Police took possession of land belonging to Budh Singh in 1963 and paid a modest compensation, after which the owners sued, claiming the acquisition was illegal because it was not made under the Land Acquisition Act, 1894. The courts ordered the State to refund the compensation, but later a notificatio…

Hindustan Petroleum Corporation Ltd. claimed a refund of excise duty paid on Light Diesel Oil and Furnace Oil supplied as ship's stores for foreign‑going vessels, arguing that under Rule 13 of the Central Excise Rules no duty was payable on goods exported directly from a bonded warehouse. The Assistant Collector reject…

The Collector acquired certain lands under a notification issued on 17 November 1980 pursuant to Section 4(1) of the Land Acquisition Act, 1894 and awarded compensation of Rs 38,500. The petitioner claimed a higher amount and a reference under Section 18 of the Act was filed; he relied on a sale agreement dated 5 Decem…

The State of Bihar issued a notification under s.4 and a declaration under s.6 of the Land Acquisition Act, 1894 to acquire land for a housing project, and took possession on March 22, 1957, handing it to the Housing Board. The respondent filed a title suit and sought an interim injunction under Order 39 Rule 1 of the …

Lalitha filed a suit for declaration of title and possession and later filed an application on August 3, 1993, seeking to file a list of witnesses for summoning. Her husband, acting as general power of attorney, submitted an affidavit stating they mistakenly believed the list had already been filed, and the omission wa…

The Government of West Bengal, by an order dated 4 June 1965, bifurcated the cadre of Inspectors in the Housing Department into Grade‑I and Grade‑II, upgrading 20 % of the posts and providing for promotion from Grade‑II. The three Pay Commissions (1971, 1981, 1990) examined the pay‑scale revisions and recommended retai…

The appellant, R.S. Mital, was placed fourth on a selection panel prepared by a board headed by a sitting Supreme Court judge for the post of Judicial Member of the Income‑Tax Appellate Tribunal. The board sent its recommendation to the Central Government on 25 January 1988, but the government neither appointed any can…

The Karnataka Government framed Special Rules in 1977 to appoint local candidates belonging only to Scheduled Castes, Scheduled Tribes and Backward Tribes to Class‑III posts without any merit‑based selection. Several local candidates from other categories were also appointed, and the Special Rules compelled the termina…

The government reserved clerk posts in ‘A’ class offices for ex‑servicemen, allowing only matriculation as the minimum qualification for them, while general candidates required higher marks. In 1979 it was decided that, if suitable ex‑servicemen were unavailable, the dependent sons or daughters of ex‑servicemen could b…

The respondent, Simla Rani, was allotted a booth under the Punjab Urban Estate (Sales of Sites) Rules, 1965 and paid only the initial quarter of the purchase price. The balance was to be paid in instalments with 7% interest, but she defaulted, prompting the State to invoke Rule 13 and impose a 10% penalty plus the cont…

Akshaya Restaurant filed a suit for perpetual injunction against P. Anjanappa and others, alleging an agreement of sale of land. The defendants' written statement admitted a sale agreement, but later they sought to amend the statement under Order 6 Rule 17, claiming the agreement was for development of the land for mut…

The Supreme Court examined the compensation payable to P. Ram Reddy for land acquired by the Hyderabad Urban Development Authority under the Land Acquisition Act, 1894. The Court held that the market value of acquired land must include the value attributable to its building potentiality, which must be proved by reliabl…

The respondents, who were Class III government servants in Orissa, reached the statutory retirement age of 58 and claimed that, as "workmen" under the second proviso to Rule 71(a) of the Orissa Service Code, they were entitled to remain in service until the age of 60. The Orissa Administrative Tribunal held them to be …

The Consumer Education and Research Centre filed a public‑interest writ under Article 32 seeking protection for workers in asbestos mines and industries, alleging that the right to health and medical care is a fundamental right under Article 21 read with Articles 39(c), 41, 43 and 48A of the Constitution. The petition …

The Government of India issued Office Memorandum No. 18(4)-EV/79 on 25 May 1979, which stipulated that half of the dearness allowance should be treated as pensionable pay, changing the pension calculation from 3/10 to 5/10 of the ten‑month average salary. B. Rama Murthy challenged the memorandum before the Central Admi…

The Gujarat University advertised a Lecturer (Psychology) post reserved for Scheduled Tribes. Arunaben T. Bhojak, a member of the Bakshi Panch Scheduled Tribe, was initially not selected because she lacked laboratory experience. The selected candidate was appointed, and Bhojak challenged the decision. While the Gujarat…

The Union of India appealed a High Court order that had directed the Additional District Judge to award compensation of Rs. 90,000 per acre for land within a 500‑metre belt (belting) along a road, as identified by a Division Bench of the High Court under the Land Acquisition Act. The appellants contended that the Distr…

The Delhi Development Authority (DDA) invited tenders for steel bars and accepted a tender from J.K. Jain and others for 10,000 metric tonnes. The parties executed a formal agreement that incorporated the tender form and expressly stated that the terms and conditions of the tender form would be binding. Clause 14 of th…

Savita Dey leased premises to the respondents under a registered deed dated 6 July 1964 for a term of 21 years at Rs.475 per month, later increased to Rs.501 per month in accordance with a clause linking rent to municipal tax increases. When the lease expired on 30 June 1985, Dey served a quit notice, but the tenants f…

The Administrator Municipal Committee, Charkhi Dadri (appellants) acquired 46.51 acres of land under a notification issued pursuant to Section 42 of the Punjab Town Improvement Act, 1922, and an award was passed in 1976 with compensation paid and possession taken in 1977. The scheme (No. 1‑B) was required to be execute…

The respondent, Harish Chand Anand, held a licence under Section 3 of the Government Grant Act, 1895 to erect a structure on government land. Clause I of the grant allowed the Government to resume the land at any time upon giving one month’s notice and paying the value of the building. The Allahabad High Court held tha…

The Punjab government acquired land for a market under the Land Acquisition Act, 1894 and initially fixed compensation in categories. The Additional District Judge later re‑classified the land and set higher rates, prompting the claimants to appeal. A single High Court judge, relying on an earlier Punjab High Court dec…

The State of Orissa acquired three parcels of land for an over‑bridge under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Reference Court fixed compensation at Rs 200 per decimal based on comparable sales, taking into account the land's existing potentialities, and then added a 25% upl…

The State sought enhanced compensation for land acquired at Bambolim, Goa, and filed an appeal against the Civil Court's award on August 25, 1967. The Government Pleader was uncertain whether to pursue the appeal under the Portuguese Code (Recurso de Apelacao) or the Code of Civil Procedure (CPC), which had been extend…

The State of Gujarat acquired 7 acres and 28 gunthas of land on the outskirts of Rajkot for an orphanage. The acquisition officer awarded Rs 1.25 per square yard, which was enhanced to Rs 2.05 by the reference court and later the Gujarat High Court held the land could fetch Rs 10 per square yard but, after a 60 % deduc…

A coffee curing establishment, declared a seasonal industry, operated from September to June and was closed June to September. The workmen claimed gratuity at the rate of seven days' wages for two seasons in each calendar year, arguing that the accounting year (January‑December) split their service into two seasons. Th…

The appellants, including Trilochan Lenka and the State of Orissa, challenged a High Court order that had granted reservation benefits under the Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 to certain employees of the Orissa State Electricity Board. The cen…

Sh. Narayan Yeshwant Gore, an employee of the National Sample Survey Organisation, was deputed to the Census Department from 1961 to 1974 and was promoted there as Assistant Director with the concurrence of the parent department and the UPSC. While on deputation his juniors in the parent department received ad‑hoc prom…

Hindustan Lever Ltd. constructed a building on two plots in Bombay and was assessed for property tax under the Bombay Municipal Corporation Act, 1888. The corporation fixed the rateable value at Rs.12,16,285 using the comparative method, which the company contested, leading to a reduction by the Small Cause Court and a…

The tenant filed three applications before the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 seeking rent‑deposit, fixation of standard rent and relief from inconvenience. While these applications were pending, the State Government issued a notification (effective 26 Oct 1983) exempting building…

The appellant, a railway employee, was reverted from a deputed post and successfully challenged the reversion and later seniority fixation in his favour through the Kerala High Court and the Supreme Court. The Railways later contested the seniority order, but the High Court again upheld it. Direct recruits then approac…

The appellant, Shyam Lal (deceased) by legal representatives, appealed to the Supreme Court challenging a finding by the Allahabad High Court that certain constructions in a house were made after an earlier High Court judgment. The High Court had earlier struck off a trial court's direction for partition, directing tha…

The appellants, legal representatives of defendants 7‑9, filed a suit seeking a declaration that a compromise decree in an earlier suit (T.S. No. 72/26) was void. The trial court dismissed the suit; the appellate court held the compromise was not obtained by fraud but that the defendants had no right in the property, s…

The appellants, heirs of Pishora Singh Sial, sued the assignees of a mining lease for unpaid sums labeled as "royalty" under a 1939 assignment deed. The respondents argued that "royalty" meant the State's share in mineral extraction and could not be claimed by a private party, contending the payments made for twenty ye…

The plaintiffs, the first wife Kashi Bai and her daughter Sunita, sued for a half share in the property of their deceased husband Lachiram, alleging he was the sole owner at his death. The defendants, the second wife Parwati Bai, her daughter Meena and grandson Purshottam, contended that Lachiram had adopted Purshottam…

The petitioner, T.R. Dhananjaya, was entitled by a Supreme Court direction to be promoted to Engineer‑in‑Chief and to receive consequential benefits, with the Bangalore City Corporation instructed to create a supernumerary post for him. The Karnataka Government, however, issued an order promoting another officer and li…

The State of Himachal Pradesh appealed a Himachal Pradesh High Court order that awarded the landowner, Shri Dharam Das, compensation for land acquisition along with interest at 12% per annum on equitable grounds from the date of taking possession in 1972 until payment in 1987, in addition to statutory interest and an a…

The appellant, a former employee of Rallis India Ltd., continued to occupy a residential flat after resigning, which the company claimed he held under its tenancy rights. The company prosecuted him under Section 408 of the IPC and Section 630 of the Companies Act for wrongful possession, and a criminal court convicted …

The respondents were workmen at Morinda Co‑op. Sugar Mills Ltd. who were engaged only during the annual crushing season. After each season the factory closed and the workers ceased to work. The Labour Court and the Punjab & Haryana High Court held that because the workers had worked more than 240 days in a year they we…

The State of Gujarat acquired land for an irrigation dam project. The land owners entered into written agreements under Section 11(2) of the Land Acquisition Act, 1894, accepting the compensation determined by the Collector plus an additional 25% and expressly waiving their right to seek a reference under Section 18. A…

In Civil Appeal No. 279 of 1987, the Supreme Court noted that the order passed in the main appeal contained typographical errors. An application was filed seeking modification of the erroneous part of that order to prevent further litigation. The Court examined whether such clerical mistakes could be corrected without …

The petitioners challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894, where the Collector initially fixed rates of Rs.1600, Rs.1400 and Rs.1000 per bigha for three blocks of land. The Additional District Judge enhanced these rates, and the Delhi High Court further raised them to Rs…

Certain lands were acquired under the West Bengal (Requisition and Acquisition) Act II of 1948 and the Collector made an award in March 1951. The claimants filed reference applications under section 18 of the Land Acquisition Act, 1894 on June 26 and September 7, 1951, seeking enhanced compensation. The Calcutta High C…

The Supreme Court examined a land acquisition dispute where the Collector initially awarded Rs 2,000‑3,000 per bigha as compensation. The reference court, under Section 18 of the Land Acquisition Act, enhanced the market value to Rs 6,500‑8,500 per bigha, a decision affirmed by the Guwahati High Court. On appeal, the C…

The Union of India appealed against the award and decree confirming acquisition of land belonging to Sunil Chandra Saha and others under the Land Acquisition Act, 1894. The appellants argued that they were not given notice or an opportunity to present evidence to rebut the claimed market value of the land at the time o…

The appellants, heirs of Sh. Topandas Kundanmal, challenged the compensation awarded for the acquisition of 10 acres 12 gunthas of land in Jamnagar for a TB hospital. While the Collector fixed Rs 2,500 per acre, the claimants sought a higher amount based on a per‑square‑foot rate, leading to a reference under s.18 of t…

The Municipal Committee of Bhatinda appealed against the award of compensation for 116 acres of agricultural land acquired for a water‑treatment plant. The Collector had applied the belting principle, fixing different rates for land up to 100 yards from the road and for the remaining area. The High Court’s Division Ben…

The State of Uttar Pradesh acquired land for a Public Works Department office and, while constructing a building and protective wall, encroached upon land owned by Keshav Prasad Singh. A civil suit resulted in a mandatory injunction directing the State to demolish the encroachment and restore possession to the responde…

Vinod Kumar Sangal, a Junior Technical Assistant in the Geological Survey of India, was promoted to Senior Technical Assistant in 1978 but declined the posting, later receiving an ad‑hoc promotion in 1980. When the Departmental Promotion Committee (DPC) finally met in 1985, it selected six officers for promotion by tre…

The Supreme Court considered a petition for divorce by mutual consent filed by Preeti Singh and Sandeep Singh under Section 13(b) of the Hindu Marriage Act. The parties had reached a compromise in which the respondent paid Rs. 1.5 lakhs to the petitioner, deposited Rs. 1.25 lakhs and Rs. 30,000 in the name of his minor…

Kishori claimed ownership of two plots in Varanasi and filed objections under the U.P. Consolidation of Holdings Act, 1953. He had earlier instituted a civil suit on 5 January 1954 for injunction and possession against Faqir in the Munsif Court; the trial court dismissed it, but the appellate court allowed the suit, is…

Mohd. Idris Ansari, a retired Irrigation Department officer, was punished in 1992 for financial irregularities during 1986‑87. The High Court set aside that punishment for violating natural‑justice principles and allowed the State to start fresh proceedings. After his retirement on 31‑Jan‑1993, the State issued a notic…

The case concerned a land‑acquisition award where the High Court enhanced the market value, solatium and interest under the Land Acquisition (Amendment) Act, 1984. The Supreme Court stayed the collection of the enhanced portion, after which the respondent deposited the amount that was not stayed on 9 January 1988. Afte…

The Union of India and the Director General of the Border Security Force sought to retire S.S. Ranade, a Commandant (Selection Grade), upon attaining 55 years of age. Ranade contended that his post was a higher rank than a regular Commandant under Rule 9 of the Border Security Force (Seniority, Promotion and Superannua…

The Kerala Fishermen's Welfare Fund Act, 1985 creates a fund for fishermen’s welfare and requires certain persons, termed ‘dealers’, to contribute 1% of their sales. The respondents, exporters of fish, argued that they dealt only in processed fish meat and therefore were not ‘dealers’ under the Act. The High Court set …

The Delhi Development Authority (DDA) auctioned a commercial tower plot and awarded it to Skipper Construction Ltd., which paid only 25% of the bid and later defaulted on the balance despite multiple extensions and court orders. Skipper repeatedly violated interim orders by seeking to create third‑party rights through …

The case concerned a claim for gratuity under the Payment of Gratuity Act, 1972 by an employee who resigned on 22 March 1983, before the management of his employer, Finlay Mills Ltd., was taken over by the National Textile Corporation (NTC) under the Textile Undertakings (Take Over of Management) Act, 1983. The employe…

The tenant, Kuldeep Singh, was sued for eviction by his landlords for allegedly defaulting on six months' rent. He claimed to have paid the rent in cash for May‑September 1982, but the landlords refused to give a receipt and returned the money, after which he deposited the rent for May‑October 1982 in the court on 29 O…

The appellant, an illiterate Harijan widow, sued to cancel a sale deed she had executed in favour of the respondent, alleging fraud, that she thought she was executing a will, and that the deed was obtained without consideration. The trial court, appellate court and Allahabad High Court all held that the deed was volun…

The respondent, Nirmala Devi, constructed a shop on a 4 ft × 6½ ft portion of a road in Karnal that was deemed a public street. The Municipal Committee issued a notice for demolition; when the respondent failed to comply, the Committee demolished the shop. The respondent sued for damages of Rs 20,000. The trial court d…

The petitioner, a Civil Judge appointed on probation after six months of training, remained on probation beyond the two‑year period without a confirmation order. The Madhya Pradesh High Court, finding his performance unsatisfactory, discharged him under Rule 52(a) of the M.P. Government Service (Temporary, Quasi‑perman…

The petitioners filed a suit for perpetual injunction to restrain the defendants from dispossessing them of land. The defendants filed a written statement raising a counter‑claim for possession, alleging trespass. The trial court dismissed the injunction suit and granted possession to the defendants; this was affirmed …

In June 1981 a mob of 40‑50 Bharwad community members armed with sticks and dharias attacked three Patel individuals, killing one and injuring two. The trial court acquitted all fifteen accused, treating each assault as unrelated and discounting eye‑witness testimony. On appeal, the Gujarat High Court held that the ass…

The petition challenged the Kerala High Court's interpretation of a will that contained an earlier clause granting an absolute estate to Kannan and a later clause (Schedule A) stating the same properties were to be possessed as "Tavazhi". The Supreme Court examined whether the later clause, which was inconsistent with …

The appellants, who were defendants in civil suits filed in 1983, failed to appear before the trial court on 20 February 1992, leading to ex‑parte orders against them. They applied under Order 9 Rule 13 of the CPC to have those orders set aside, claiming they were diligent and that their non‑appearance was due to a rep…

The respondents were Physical Training Instructors employed by the Central Government who were later absorbed into the Haryana State Service as P.E.T.s/D.P.Es effective July 1, 1976. Their appointment order stipulated that from the date of absorption they would receive all allowances admissible to other state employees…

Respondent-4 (Ashok Kumar) claimed promotion to accountant, asserting seniority as a clerk since November 29, 1976, after the octroi moharrar and clerk posts were merged. The appellant (Kuldip Chand) argued that his fortuitous posting as a store‑keeper, though at a higher pay scale, gave him seniority over the responde…

The respondents were government servants who were deputed to the Rajendra Agricultural University, resigned from government service and were subsequently absorbed as university employees. Upon their retirement, the State of Bihar denied liability for any pension, relying on section 39(20) of the Rajendra Agricultural U…

The appellant, a widow of a deceased government employee, was appointed to a Class IV post on compassionate grounds under a rehabilitation scheme. Her services were later terminated on the ground that she had allegedly married her late husband's brother and concealed this marriage and the birth of a child, which the Bo…

The Delhi Development Authority (DDA) appealed a Delhi High Court order concerning the forfeiture of a deposit it had taken from Bhavana Cooperative Group Housing Society Ltd. The Supreme Court examined whether the DDA could lawfully retain the entire deposit or only a portion of it. Relying on its earlier decision in …

The appellant, a partner in a film‑exhibition partnership, was alleged to have colluded with another firm to misappropriate film prints and proceeds, leading the second respondent to file a complaint before the Chief Judicial Magistrate, Patna. The Chief Judicial Magistrate examined the complainant and transferred the …

The appeal concerned the determination of the earliest deemed date of construction under Explanation (a) of Section 2(2) of the U.P. Urban Building (Regulation of Letting Rent and Eviction) Act, 1972. The Supreme Court held that the deemed construction date is the earliest of (i) the date the local authority records th…

The petitioner challenged a land acquisition notification issued under Section 4(1) of the Land Acquisition Act, 1894 and the subsequent declaration under Section 6, arguing that the notification lacked required particulars. The District Judge, acting as the reference court under Section 18, declared both the notificat…

The Uttar Pradesh Avas Evam Vikas Parishad issued a notification under Section 28 of the 1965 Adhiniyam on 7 June 1982 and later obtained Government approval on 24 August 1982, followed by a declaration under Section 32 on 28 February 1987. Friends Cooperative Housing Society filed a writ petition contending that the n…