Judgments of 1995

The Supreme Court examined the constitutionality of several provisions of the Uttar Pradesh Panchayat Raj Act, 1947 (as amended in 1994) after the State of U.P. and others challenged the High Court's finding that definitions of 'village', 'Gram Sabha' and 'panchayat area' were ultra vires Articles 243(g), 243(b) and 24…

The Supreme Court considered appeals by teaching staff of P.S.G. College of Technology challenging a Madras High Court decision that the Tamil Nadu Private Colleges (Regulation) Act, 1976 and its Rules did not apply to the college. The college, a private engineering institution, had resolved that the Act and Rules were…

The State of Tamil Nadu permitted a private trust to start a self‑financing engineering college and granted it provisional affiliation. Later a High Power Committee found the college non‑compliant with conditions, leading the State and the University to issue show‑cause notices and cancel the affiliation. The trust cha…

The petitioners, Nepal-based workers employed by the CPWD under a bilateral agreement between India and Nepal, challenged termination notices and sought declaration that they were regular CPWD employees in India entitled to parity in seniority, promotion, and benefits. The Union of India argued that they were a separat…

The non‑law graduate staff of the Kerala High Court sought redress for grievances, prompting the Chief Justice to amend Rule 16(d) of the Kerala High Court Service Rules, 1970. The amendment limited promotion of non‑law graduates to a maximum of eight posts, subject to age or service length, a capacity test, and a 1:1 …

S. Nagoor Meera, a Superintendent in the Collegiate Education Department, was convicted under IPC s.420 and the Prevention of Corruption Act s.5 and sentenced to one year rigorous imprisonment. The High Court suspended the sentence and released him on bail. The Deputy Director issued a show‑cause notice seeking his dis…

The S.A. Jain College Trust and Managing Society acquired land belonging to a private owner for a college playground under the Land Acquisition Act, 1894. The original award in 1970 paid Rs 12,000 per acre with 15% solatium and 6% interest. Subsequent proceedings enhanced compensation to Rs 8 per square yard, added a 3…

Ram Pyare Pandey was appointed as a temporary Junior Clerk in the Integrated Rural Development Agency, a society registered under the Societies Registration Act, and was terminated within a month. He sued for a declaration that the termination violated Rule 13(b) of the agency's own rules, which required one month's no…

K.N. Dutt, a retired chief engineer of Haryana, had taken advances against his gratuity and signed an undertaking that any unpaid amount could be recovered from his gratuity. After disciplinary proceedings, the State withheld his retirement benefits, prompting Dutt to file a writ petition which the High Court ordered t…

A money decree against the respondent led to the auction sale of his property, which was purchased by the appellant. The sale certificate described the property by its boundaries and termed it a "terraced house". The respondent later claimed that only the terraced building, not the adjoining portion, was sold and sough…

The Union of India appointed approximately 932 temporary class C and D staff for the 1981 census and later re‑engaged many of them on fixed‑term contracts for the 1991 census. After each census the temporary posts were abolished and the employees were retrenched, leading them to file writ petitions seeking regularisati…

The appellants in three separate sets of appeals held agricultural land in excess of the ceiling prescribed under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 and had made sales of portions of that land before the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 came into force. T…

The respondent, a Branch Manager of Bank of India, was charged with several offences under the IPC and the Prevention of Corruption Act. He contended that, as an employee of a nationalised bank, he was not a "public servant" within the meaning of Section 21 of the IPC and therefore could not be tried by a Special Court…

The Punjab Town Improvement Act was used to acquire 821 kanals of land for municipal expansion. The Collector’s 1977 award fixed compensation per marla, which the Tribunal enhanced in 1984. Claimants sought further enhancement, relying on a later 1987 Tribunal award and sale transactions cited in the Collector’s award,…

The Pune Municipal Corporation acquired a two‑storey building for road widening under the Land Acquisition Act, compensated the owner and took possession, while tenants (appellants) occupied the premises under leave‑and‑licence agreements. After the agreements expired, eviction proceedings were successful, and the Supr…

The appellant and four others were tried for murder, rioting and attempt to murder. Eye‑witnesses PW4 and PW6 testified that the appellant and his brother fired at the deceased Sukhdev Singh, while a defence witness DW5 also admitted the appellant’s firing. The trial court acquitted three accused on the basis of doubt …

Janata Dal (Samajwadi) was recognised as a national party on 16 April 1991. After the Lok Sabha and several state assembly elections held between April and June 1991, the Election Commission found that the party no longer satisfied the criteria in paragraph 6(2) of the Election Symbols (Reservation and Allotment) Order…

The appellant, a retired IPS officer, was allotted a government residence while in service. An amendment to the Allotment of Government Residence (General Pool) Rules, 1963, effective 1 January 1976, required any officer who owned a house to surrender the government accommodation and imposed a market licence fee as dam…

The appellants, who were tillers of agricultural land allotted under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, held the land by a temporary sanad in 1954 that became permanent in 1965. After purchasing the land, the respondent, an absentee landlord, sought possession under Section 250 of the Ma…

The appellant, Durgesh Chandra Saha, lodged a complaint that led to a police investigation completed on 8 February 1988 and a charge‑sheet filed under several IPC sections. The respondents, Bimalchandra Saha and others, sought discharge on the ground that the West Bengal Amendment Act (Act 24 of 1988) had amended Secti…

In this civil appeal, the Supreme Court examined the method of determining market value for compensation under the Land Acquisition Act, 1894. The State had acquired 20 acres of land from the appellants, and the Land Acquisition Officer fixed compensation based on the claimants' own purchase price of the land in 1957. …

The appellant, Durga Prasad (deceased) represented by LRs, appealed against a decree concerning the transfer of land held by the first respondent, Smt. Gita Kumar. The Patna High Court had earlier affirmed the respondent’s right to the land in Second Appeal No. 602/74. While the appeal was pending before the Supreme Co…

The appellants, LDCs in the Western Zone of the Controller of Imports and Exports, were promoted on an ad‑hoc basis in 1980 after exercising an option for transfer on promotion. The respondents, senior LDCs, were given the same option only in 1981 and claimed seniority over the appellants, arguing that the ad‑hoc promo…

The Food Corporation of India (FCI) demanded that authorised retailer V.K. Sukumaran refund the price differential on rice purchased on 10‑11 October 1985 and on stock held on 9 October 1985, after the Government of India revised the issue price of rice effective 10 October 1985. The State of Kerala, invoking the Keral…

The appellants, manufacturers of edible oil, set up solvent extraction plants in Gujarat and claimed a five‑year sales‑tax exemption under a Notification dated 11 November 1970, relying on that Notification, a press note and statements by the Chief Minister and Finance Minister. The State later issued a Notification on…

The respondents were appointed as Accounts Clerks Grade I in the Northern Railway and placed on probation, required to pass the departmental examination prescribed in Appendix II of the Indian Railways Establishment Manual (IREM) within a stipulated period. The Railway Board issued a circular on 24 June 1986 limiting t…

The respondents, temporary cultivators in the Gang Canal area, were to receive permanent allotments of government land under the Rajasthan Colonisation (Permanent Allotment and Sale of Land in Gang Canal Area) Rules, 1956. Because some cultivators held land exceeding the statutory ceiling, the government decided to re‑…

The petitioner was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985 on the basis of several isolated incidents, including a 1993 shooting, alleged harbouring of an offender, assaults on a businessman and a witness, and possession of an unlicensed revolver. He challenged the detention order, arg…

The appellants challenged the compensation awarded in a land acquisition proceeding that began in 1963, arguing that they were entitled to the enhanced rate of interest introduced by Section 18 of the Land Acquisition (Amendment) Act, 1984. The Collector's award (1968) and the Reference Court's award (1972) were both m…

The State of Uttar Pradesh had made 2,056 ad‑hoc appointments of doctors between 1961‑62 and later failed to regularise the posts despite recommendations of the Uttar Pradesh Public Service Commission (PSC) in 1972 and 1977‑79. Some ad‑hoc doctors, having served over 20 years, obtained court orders directing their regu…

The Supreme Court considered an appeal by the Union of India against a Central Administrative Tribunal order granting Special Duty Allowance to members of the Executive Officers Association, a Group C customs and excise inspectors’ union from Shillong. The respondents claimed the allowance under an Office Memorandum of…

The petitioners were drivers in Haryana Roadways who were retired after being declared medically unfit for heavy‑vehicle driving due to eyesight defects. They sought a writ directing the State to appoint one of their sons to a suitable post. The High Court granted the writ, but the State appealed, relying on Government…

Inder Singh was convicted of murder under Section 302 of the IPC for the killing of his nephew, Amar Singh. The prosecution proved that Singh, armed with a barchha, lay in wait and delivered a fatal blow to the victim's neck after a series of assaults on the victim and his family members. The defence argued that Singh …

The Delhi Judicial Officers Association sought a writ directing the Union of India to place all members of the Delhi Higher Judicial Service on a uniform pay scale of Rs.5900-6700, invoking the principle of equal pay for equal work. The Delhi High Court granted this relief, but the Union of India appealed, arguing that…

The husband and wife’s land was acquired under the Kerala Land Reforms Act. They filed a joint claim statement for compensation, but only the husband received compensation. The wife appealed the decision, arguing that the joint claim also covered her separate holding. The Kerala High Court dismissed the appeal, holding…

The Bihar State Housing Board allotted a quarter to respondent No.4 on a hire‑purchase basis, making the allottee a tenant until the final instalment is paid. Respondent No.1 forcibly occupied the first floor, prompting respondent No.4 to complain to the Sub‑Divisional Magistrate (respondent No.3), who issued a show‑ca…

The respondents challenged the Tamil Nadu Court Fees and Suits Valuation Act, 1955, which levied court fees at a flat ad‑valorem rate of 7.5% without any upper limit, arguing that the levy was arbitrary, excessive and in reality a tax, violating Entry 3 of List II of the Constitution. The Madras High Court struck down …

Mrs. Nutan J. Patel filed a writ petition challenging the detention of her husband, Jayantibhai Rambhai Patel, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The petition argued that the detenu was not informed of his constitutional right under Article 22(5) to make a repre…

The appellant, S.N. Singh, a former railway shunting porter, claimed that his true date of birth was 22 January 1936, contrary to the 22 January 1926 recorded in his service file, and therefore argued that he was not liable to retire on 31 January 1984. He challenged the superannuation order before the Central Administ…

The State of Maharashtra acquired land under a notification of the Land Acquisition Act, 1894 and the Collector made an award of compensation that the respondents accepted. One claimant later obtained a reference under section 18, and the District Judge enhanced the compensation to Rs.10 per square metre. The State app…

The State of Punjab appealed a Punjab & Haryana High Court order that reinstated Shambhu Nath Singla, a government employee, while a criminal case against him was pending. The Supreme Court noted that the employee had been discharged by the criminal court because the required sanction was not obtained, and he was subse…

The Sri Kari Varadaraja Perumal Temple held a devadayan religious inam of 19.58 acres, granted permanently and confirmed by a title deed in 1863. After the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 abolished minor inams, both the temple and the appellants applied for Ryotwari patta. The …

The Andhra Bank Ltd. appealed against the Income Tax Commissioner challenging the disallowance of deductions for amounts transferred to its reserve fund exceeding the statutory 20% of profit. The bank argued that a direction from the Reserve Bank of India under Section 35A compelled it to transfer a larger sum, which s…

The respondent, Bode​m Sundara Rao, was convicted of raping a 13‑14‑year‑old girl under Section 376(1) of the Indian Penal Code. The trial court sentenced him to ten years' rigorous imprisonment, but the Andhra Pradesh High Court reduced the term to four years without recording any special reasons. The State appealed, …

The appellant Namdeo purchased land from the son of a moneylender who had obtained a loan from the original owner, Rama Krishna, by oral mortgage in 1964. The Sub‑Divisional Officer held that the transaction was a prohibited loan, not a genuine sale, because the original owner remained in possession, and declared the 1…

The State of Maharashtra owned a jeep that was officially used to transport employees after office hours. The authorized driver, who was intoxicated, permitted a clerk (respondent No. 4) to drive the vehicle, resulting in a collision that killed Vijay Singh. The claimants sought compensation under the Motor Vehicles Ac…

The Hajlirat Pir, Babujmal, Deosthan Public Trust (the respondent) applied for an exemption certificate under Section 88‑B of the Bombay Tenancy and Agricultural Lands Act, 1948 for certain lands occupied by the appellants as tenants. The Deputy Collector granted the certificate after finding the trust registered under…

M/s Paharpur Cooling Towers Pvt. Ltd. was engaged in constructing cooling towers and purchased hub‑and‑blade assemblies, which it assembled and installed in the towers. The assemblies were mounted on motor shafts but had no electric motor or other electricity‑generating device attached. The issue before the Court was w…

The Secunderabad Cantonment Board levied octroi on goods entering the cantonment and the levy was challenged on the ground that the Board lacked authority under Section 60 of the Cantonment Act, 1924 because no municipality in the State imposed octroi and because there was no machinery for assessment. The High Court up…

The father of the appellant hypothecated a 5‑bigha property by usufructuary mortgage on 10 July 1911 for Rs.261, obligating the mortgagee to pay land revenue. The mortgagee defaulted, the property was auctioned and purchased by Ramtahal Singh. The appellant sued for redemption; the trial court decreed in his favour, bu…

The State Bank of Hyderabad sued the Joint Family of Mis. Mukundas Raja Bhagwan Das for recovery of a promissory note dated 20 May 1953. The respondents had applied in March 1960 under Section 11 of the Andhra Pradesh Jagirdar Debt Settlement Act, 1952 for scaling down the debt, and the Debt Settlement Board later held…

The appellant, N.K. Haji, ran a primary school and applied for its upgradation to an upper primary school under the Kerala Education Rules. Although the initial 1975 notification did not list his school, the Government later issued a revised order sanctioning the upgradation, which was challenged on the ground that the…

The appellant, a government revenue claimant, had the deceased's agricultural land attached and auctioned. The respondent, the highest bidder, was directed to deposit 25% of the bid immediately and the balance within 15 days. He tendered the 25% by cheque on the day of the sale, which was encashed four days later, and …

The State of Maharashtra acquired land under the Maharashtra Regional & Town Planning Act, 1966 after the Act was amended to include a three‑year limit for publishing a declaration under s.126(2). The petitioners challenged the acquisition, arguing that the amendment applied only to pending proceedings and that compens…

Aries Advertising Bureau placed an advertisement for a circus operated by Balakrishnan and sued C.T. Devaraj, the circus’s financier, for the Rs 27,000 advertising cost. The trial court held that a contract existed between the advertiser and Devaraj and awarded a decree, but the Madras High Court reversed, finding no p…

The State of Punjab appealed against Sh. Satinder Bir Singh, who had received compensation for land acquired under the Land Acquisition Act, 1894, but later filed an application for reference to the civil court beyond the prescribed period. The High Court had held that the notice under Section 12(2) was invalid because…

The State allotted 11 acres of land to a tribal respondent. The appellant entered into a sale agreement with the tribal and applied to the Collector for permission to alienate the land under the Bombay Revenue Code. The Collector and Commissioner refused, stating that land assigned to Scheduled Tribes cannot be sold or…

Bhupendra Singh purchased land from a tribal (Kisana) in 1958. The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, later restored that land to the tribal's heirs in 1976‑77. The Surplus Land Determination Tribunal, applying the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, treated the …

MIS. Complete Insulations (P) Ltd. bought a Maruti car originally insured by New India Assurance for the original owner. The car’s registration was transferred to the appellant on 15‑June‑1989 and the appellant requested the insurer to transfer the insurance policy, but the insurer gave no response. The vehicle was lat…

Pratibha Banerjee, a retired Judge of the Calcutta High Court, was appointed Vice‑Chairman of the Central Administrative Tribunal (CAT) and continued to draw her High Court pension. Upon retiring from the CAT, she claimed that her pension should be fixed under Part I of the First Schedule of the High Court Judges (Cond…

The respondents entered into a sale agreement for a portion of a house in Jalandhar and presented the deed for registration. The Sub‑Registrar, relying on government‑issued valuation guidelines, believed the market value was higher than stated and demanded a revision before registration. The respondents challenged this…

The State of Punjab appealed against the District Collector's order demanding stamp duty and registration fees on a sale deed executed in favour of M/s Mahajan Sabha, a society registered under the Societies Registration Act. The deed, valued at Rs. 2,50,000, was registered without stamp duty or registration charges, a…

The Delhi High Court dealt with an appeal by Pehlad Singh and others challenging the compensation awarded for a small portion of land acquired under the Land Acquisition Act, 1894. The land acquired totaled 8.40 acres, but the appellants' interest was a small extent, for which compensation was fixed at Rs. 10 per squar…

The Supreme Court examined the compensation awarded for the acquisition of 28 bighas (5.29 acres) of land in Yaquatpur, Delhi under the Land Acquisition Act. The Collector had fixed Rs 5,000 per bigha with solatium and interest, while lower courts reduced the value to Rs 30 per square yard and later the High Court aver…

The appellants' land, covering 966 bighas, was acquired under Section 4(1) of the Land Acquisition Act, 1894, with a notification dated 24 October 1961. The Delhi High Court fixed compensation at Rs 12 per square yard (Rs 12,000 per bigha), following the uniform rate applied in the earlier Sanwalia case. The appellants…

The appellants, Sant Ram and others, challenged the compensation awarded for their land acquired under the Land Acquisition Act, 1894. The Collector initially fixed compensation at Rs. 4,280 per bigha, which was later enhanced by the Additional Judge to Rs. 6,420 and by the Delhi High Court to Rs. 12,000 per bigha. The…

The appellant, Dr. Ranbir Singh, purchased a property from Shri Hemant Singh, the adopted son of the late Maharaja of Dholpur, and served notice to the tenant, Asharfi Lal, for rent default. The trial court and first appellate court upheld the eviction, finding a landlord‑tenant relationship and greater hardship to the…

Dr. J.N. Banavalikar, a Specialist Grade‑I in tuberculosis and chest diseases, was given the additional charge of Medical Superintendent of R.B.T.B. Hospital (a Delhi Municipal Corporation hospital) and served for about five and a half years. He was later removed from that post and Dr. Sudhakar Patnaik, a senior pathol…

The Supreme Court examined a lease granted by the Corporation of the City of Bangalore to the Karnataka Chalana Chitra Kalavidara Sangha, a society of film artists, for constructing a theatre and training school on land earmarked in the Comprehensive Development Plan for a public or semi‑public purpose. The petitioners…

Cambridge School, an unaided recognised school, issued circulars requiring a 50% cut‑off in class X marks for admission to class XI, treating the move to class XI as a fresh admission. Several students, including Ms. Payal Gupta who scored 44.6%, challenged the circulars, and the Deputy Education Officer directed that …

The appellant, M.R. Gupta, a railway employee, claimed that his initial pay fixation in 1978 was incorrect because an increment due on 1 August 1978 under Rule 2018 (Fundamental Rule 22‑C) had not been incorporated. After his representation was rejected before the Administrative Tribunals Act, 1985, he filed an applica…

The State of Punjab charged Tejinder Singh (A‑1) and Darshan Singh (A‑2) with murder of Jasbir Singh after a boundary dispute, alleging that both approached the victim with gandasas and assaulted him, leading to his death. The Special Court convicted A‑1 under s.302 IPC and acquitted A‑2, prompting A‑1 to appeal his co…

Gurdial Singh, along with two others, was charged with murder under Section 302 IPC read with Section 34 and under Section 25 of the Arms Act. The prosecution alleged that the three accused fired at the victim, Ram Pal, causing his instantaneous death, and forensic evidence linked the appellant's unlicensed 12‑bore gun…

Hyderabad Industries Ltd. and others imported asbestos fibre, which they obtained by separating the fibre from its parent rock using manual and mechanical means, and paid customs duty under entry 25.01.32. They challenged the levy of additional duty under Section 3(1) of the Customs Tariff Act, 1975 and the liability t…

Abdulaziz filed a writ petition under Article 32 challenging the constitutional validity of Section 1(4) of the Terrorist and Disruptive Activities (Prevention) Act, 1987, arguing that it discriminated between offenders before and after the Act's expiry and violated Articles 14 and 21. He also contended that the trial …

The State of Orissa challenged the validity of the Orissa Rural Employment, Education and Production Act, 1992 which imposed a tax of Rs 32,000 per acre on coal‑bearing lands. The High Court held that the State legislature lacked competence to levy such a tax and struck down the provision. On appeal, the Supreme Court …

The Trustees of Port of Madras sued M/s. Nagavedu Lungi and Co., the exporter‑consignor, and other parties for recovery of demurrage and incidental charges arising from textile goods that were illegally detained in the customs area of the Port of Madras by the Collector of Customs. The City Civil Court dismissed the su…

The Government of Maharashtra appointed police prosecutors as Assistant Public Prosecutors under a notification issued on 1 April 1974 pursuant to Section 25 of the Code of Criminal Procedure, 1973, but retained them within the police department's administrative and disciplinary hierarchy. The appellants filed a petiti…

The Orissa State Electricity Board (OSB) entered into a contract with M/s I.P.I. Steel Ltd (the respondent) for power supply up to a maximum demand of 7,778 kVA, with a two‑part tariff comprising demand charges and consumption charges. Due to a severe generation shortfall, the State Government issued an order under Sec…

The respondent, a government employee, had his date of birth recorded as 25‑04‑1931 based on his declaration at appointment, which was accepted and authenticated by the employer. After 36 years of service and close to retirement, he sought to change his date of birth to 07‑07‑1934, relying on a duplicate matriculation …

The respondent‑plaintiff sought possession of a math (public trust) claiming to be the valid Padadayya, challenging the installation of earlier Padadayyas. An earlier proceeding before the Privy Council had held that Shivalingayya was validly nominated and installed, a decision the plaintiff was not a party to. The Sup…

The case involved three Yadav appellants convicted for rioting, arson and murder during communal violence in Bihar in 1985. The appellants challenged the High Court’s transfer of the trial from the 10th to the 5th Sessions Court, arguing that the transfer was beyond its jurisdiction and amounted to a de novo trial viol…

M.W. Mohiuddin, a Special Auditor in the Local Fund Accounts Department, demanded and received Rs.400 from a Gram Panchayat Sarpanch in exchange for removing audit objections. He was caught in a police‑arranged trap at a hotel, and the prosecution proved that he took possession of the money, wrapped it in a handkerchie…

The heirs of an employee who died while in service were prosecuted by the employer under Section 630 of the Companies Act, 1956 for refusing to vacate premises allotted to the deceased. The heirs filed petitions under Section 482 of the Cr.P.C. seeking to quash the proceedings, arguing that the provision did not apply …

The Supreme Court examined the murder trial of three inter‑related accused (two sisters, A‑1 and A‑2, and the husband of a younger sister, A‑3) who were convicted for killing a devotee, Ramakoti Reddy, based largely on the testimony of a single maid‑servant (PW‑1) and a disputed letter. The Court found PW‑1’s evidence …

The appellants, a Tehsildar and a Village Assistant, were convicted under the Prevention of Corruption Act and IPC for demanding a bribe in a land‑patta case. The main issue was whether the testimony of the bribe‑giver, who was an accomplice, required corroboration before a conviction could be sustained. The Supreme Co…

The appellants received compensation for land acquired under the Land Acquisition Act, which was later enhanced and subsequently reduced on appeal. While the appeal was pending, they executed the decree and recovered the enhanced amount together with interest. The State filed an application under Section 144 of the Cod…

The Union of India appealed against the Delhi High Court’s order granting claimants an additional amount at 12% per annum under Section 23(1‑A) of the Land Acquisition Act, 1894. The claimants sought this interest for the period between the notification of acquisition and the award of compensation. The Supreme Court ob…

The respondents filed an application under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 seeking the price for purchasing 8 acres 26 guntas of land held by the appellant as landlord. The Tribunal held that the respondent possessed 54 acres, exceeding the statutory ceiling of 48 acres, and therefore…

The case involved a partition suit concerning the inheritance of Haji Ishan Ali (HA) who died in 1955, leaving a widow, two daughters, and three sons. The High Court had held that property purchased in the name of HA's son Sabul Hassan (SH) belonged solely to SH, raising the question of whether HA was a sharer in SH's …

The Director General of the Council of Scientific & Industrial Research appealed against a Central Administrative Tribunal order that counted Dr. K. Narayanaswami's service as a Pool Officer (1965‑1969) towards his pension. The Supreme Court examined the Central Civil Services (Pensionary) Rules, 1972, particularly the…

The importers (Grand Slam International and others) brought goods by air to Delhi, where Customs detained the cargo and later issued detention certificates. The International Airports Authority of India (IAAI) and Central Warehousing Corporation (CWC), approved custodians under Section 45 of the Customs Act, levied dem…

The H.M.T. House Building Co‑operative Society, a housing society for HMT employees, submitted a scheme to the Karnataka Government and entered into an agreement with a construction firm (respondent No.11) to secure acquisition of land for its members. The State issued notifications under Sections 4(1) and 6(1) of the …

The State of Maharashtra appealed a civil court order that granted additional compensation, solatium and interest under the Land Acquisition (Amendment) Act, 1984 to claimants whose land had been acquired under the Land Acquisition Act, 1894. The original compensation was awarded by the Land Acquisition Officer and lat…

The appellant, Rajpal, was the only employee in his field who had not been regularised despite similarly situated colleagues being taken into service. He filed an appeal challenging the State of Haryana's refusal to regularise him. The Supreme Court examined whether the principle of equal treatment required his regular…

The petitioner, Resham Singh Pyara Singh, claimed ownership of land purchased from a charity trust and obtained an interim injunction against the respondent's alleged trespass. The single judge of the Bombay High Court, hearing an appeal under Order 43, directed demarcation of the land in the petitioner's exclusive pos…

The Government of Andhra Pradesh appealed against an order of the Andhra Pradesh Administrative Tribunal that had granted parity of pay to senior Junior Analysts who claimed that their juniors were drawing higher scales. The seniors argued that Article 39(A) of the Constitution required equal pay, while the juniors ear…

The original applicant, a tenant of the building's owner, became a member of a co‑operative society that purchased the building and was allotted the flat. She granted a licence to the original respondent over part of the flat, later terminated it and filed an ejectment suit under s.41 of the Presidency Small Causes Cou…

The State of Assam filed appeals against a Central Administrative Tribunal (CAT) order that quashed two government orders of displeasure against Additional Chief Secretary P.C. Mishra and, in the same order, made adverse remarks against the then Chief Secretary H.N. Das. The controversy arose from ambiguous government …

All the respondents were appointed as junior teachers between 1961 and 1973 by a Selection Committee that was not constituted by the State Government, leading the Orissa Administrative Tribunal to quash their gradation list. The State Legislature subsequently enacted the Orissa Medical Education Service (Validation of …

The appellant, a temporary government servant, had rendered over 20 years of service but was compulsorily retired by the Government under Rule 56(J)(ii) of the Fundamental Rules while a disciplinary appeal was pending. He challenged the retirement order before the Central Administrative Tribunal, which held that compul…

The Union of India appealed against an arbitrator’s award that enhanced compensation for land acquired under the Requisitioning and Acquisition of Immovable Property Act, 1952, and added solatium and interest. The competent authority had originally paid Rs 60 per Marla, which the respondents accepted without protest, a…

K. Mohapatra, a retired IPS officer, faced a criminal prosecution under the Prevention of Corruption Act for possessing assets disproportionate to his known income. While the case was pending, the State of Orissa withheld his gratuity and refused to sanction his final pension, granting only a provisional pension. Mohap…

The State of Madhya Pradesh, under Section 432(1) of the Criminal Procedure Code, granted a special remission on Republic Day 1978 to female prisoners and those belonging to Scheduled Castes and Scheduled Tribes (SC/ST). Writ petitioners, including Mohan Singh, challenged the scheme, alleging violation of the right to …

The tenant, Anna Bhau Magdum (deceased), leased agricultural land that was gifted to a minor landlord, Babasaheb Desai, in 1953. Under the Bombay Tenancy and Agricultural Lands Act, 1948, tenants were deemed to purchase land on "tiller's day" (1 April 1957) unless the landlord was a minor, widow, or disabled, in which …

The Union of India appealed against several Central Administrative Tribunal orders that had granted draughtsmen employed in Ordinance Factories and Army Base Workshops the benefit of revised pay scales under the Office Memorandum of 13 March 1984, which extended the Central Public Works Department (CPWD) draughtsmen pa…

The Supreme Court examined a long‑standing dispute between the Patriarch of Antioch’s group (the petitioner) and the Catholicos of the East’s group (the respondent) over the nature, governance and authority of the Malankara Jacobite Syrian Church. The Court held that the 1934 Constitution of the Malankara Association i…

Ganesh Narayan Hedge filed a complaint under Section 500 IPC alleging defamation by S. B. Bangarappa and two others. The Magistrate, after taking evidence, framed charges, which were challenged by a revision petition under Section 399 before the Sessions Judge, who dismissed it. The respondents then approached the Karn…

Miss Radha Bai, an Assistant Director in the Pondicherry Social Welfare Department, alleged that a minister and officials misused a shelter home for women and attempted to molest her. She complained to the Governor, who ordered a judicial enquiry, but the administration failed to comply. The Madras High Court dismissed…

The appellant, Kanwar Lal, succeeded to a 1920 lease of 4,805 acres granted under the Government Grants Act, 1895, which was later taken over by the Uttar Pradesh Government Estates Thekedari Abolition Act, 1958. The State amended the Grants Act and later enacted the Validation Act, 1970 to revive the earlier notificat…

The Scheduled Caste Uplift Union filed a writ petition challenging an amendment to the Defence Quality Assurance Rules, 1979 which required a three‑year regular service as Junior Scientific Officer and a degree in engineering for promotion to Senior Scientific Officer Grade‑II. The petitioners, who were only diploma ho…

The parties obtained a preliminary decree in a partition suit allocating a 1/6th share to the first respondent and a 5/6th share to the appellants. Although the court directed the preparation of a final decree in 1958, the final decree could not be engrossed because the appellants failed to supply non‑judicial stamps. …

The Supreme Court considered two sets of appeals. In Union Carbide India Ltd. v. State of Andhra Pradesh it examined whether dry‑cell batteries and arc‑carbons were taxable under the higher‑rate entries 3 or 4 of the Andhra Pradesh General Sales Tax Act, 1957 or under the lower‑rate residuary entry 38. The Court held t…

The appellant filed an ejectment suit in 1988 which was repeatedly adjourned. On 8 August 1994, due to a lawyers' strike, the case was adjourned to 9 August 1994. The appellant's counsel fell ill and requested a short adjournment, offering to pay costs, but the trial court refused and ordered forfeiture of the appellan…

The respondents, Assistant Linemen, challenged a new promotion policy issued on 10 October 1988 that replaced the earlier rule reserving 15% of Lineman promotions for Assistant Linemen with Matriculation and L.T.I. The trial court dismissed their suit, the appellate court set aside that decision, and the Punjab and Har…

The Delhi Development Authority (DDA) offered land to cooperative housing societies at a price of Rs 975/950 per sq m and required a Rs 5 lakh earnest money deposit. Before possession, DDA raised the premium to Rs 1,650.65 per sq m, which the High Court upheld as reasonable. The societies failed to pay the enhanced pre…

The appellants, originally recruited as supervisors in the Karnataka Public Works Department in the early 1960s, later obtained engineering degrees and sought to be treated as Junior Engineers (Division‑I) after the 1974 bifurcation of the service. The State had merged the supervisor and junior engineer cadres in 1969,…

In an altercation on the GT Road in 1976, Sub‑Inspector Ajaib Singh shot and killed Assistant Sub‑Inspector Gurnam Singh and Constable Paramjit Singh. The trial court convicted Singh under Section 302 IPC and the Arms Act, but the Punjab & Haryana High Court acquitted him, holding that he acted in private defence under…

The Bihar State Electricity Board ordered a transformer from NGEF Ltd., which was shipped by rail and covered by an open insurance policy with New India Assurance. The consignment was damaged during transhipment, and the insurer, after reimbursing the consignor, sued the railway administration for recovery, impleading …

The appellant, Durga Narayan, was appointed as Economic Officer of Dena Bank on 26 May 1978 with a basic pay of Rs.700, the scale recommended by the Pillai Committee. After ten years he claimed that he was entitled to a further "fitment" benefit under the Dena Bank (Officer's) Service Regulations, 1979, arguing that th…

Mis Hind Wire Industries Ltd. was originally assessed for income tax on 21 September 1979. The assessee obtained a rectification of that order on 12 July 1982 under Section 154 of the Income‑Tax Act. A second rectification application was filed on 4 July 1986, which the Income‑Tax Officer rejected as time‑barred; the a…

The State of Andhra Pradesh appealed against orders that excluded about 900 acres of land, held under agreements to sell, from the ceiling provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1975. The issue was whether such lands should be counted in the holdings of both the vendor and the vende…

The employee, a Junior Management Scale‑I officer of Allahabad Bank, was served with a charge‑sheet in 1983 and an enquiry was conducted by a Deputy General Manager (DGM). While the enquiry was pending, the employee was transferred and the Assistant General Manager (AGM) of another zone was nominated as the disciplinar…

The respondents, originally recruited as Assistant Compilers/LDCs, were promoted to temporary computer posts created for the 1991 Census, with a fixed sanction period ending 31 December 1993. After the sanctioned period, a letter from the Registrar General dated 30 November 1993 confirmed the abolition of those tempora…

The respondent, an employee of West Bengal State Cooperative Bank, was served with a charge‑sheet, a departmental inquiry was held, and a second show‑cause notice along with the inquiry report was issued. He failed to submit an explanation and was dismissed. He challenged the dismissal in successive writ petitions; the…

The appeals concerned two students who fell short of the required marks for honours in their final degree examinations at Utkal University. Both argued that, under the University's Hard Case Rule, they were entitled to a 0.5% grace addition calculated on the combined total of pre-degree and final degree marks (800), wh…

Ashok Kumar and Prem Kanwar, who were in a long‑standing extramarital relationship, plotted to murder Prem's husband Mahabir Singh so they could live together. They travelled to Delhi, booked adjacent rooms in Hotel Eagle, and Mahabir was later found dead in Prem's room, having been struck on the head with a stone. The…

The appellant State Bank of Bikaner and Jaipur removed its manager, P.D. Grover, for allegedly accepting a bribe and dismissed his appeal before the Executive Committee. Grover filed a civil suit challenging the departmental and appellate orders, claiming violations of Regulation 68(2)(iii) (failure to frame definite c…

Gangeshwar Ltd., a sugar mill in Uttar Pradesh, purchased 31 bighas of agricultural land in 1971 before the amendment to the U.P. Imposition of Ceiling on Land Holdings Act, 1960. After the amendment became effective in 1973, the mill sought exemption of the land from ceiling calculations by obtaining a certificate und…

The appellants leased a property to a tenant who obtained permission from the Delhi Development Authority (DDA) to use it for commercial (non‑conforming) purposes. Later the DDA issued a show‑cause notice alleging that the appellants had permitted the tenant to use the property in violation of the Master/Zonal Plan, an…

The appellants were convicted under Section 120B IPC and Sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 for a shooting incident that resulted in death. They challenged the conviction on several grounds, chiefly that the confessional statements were not sent to the Chief Judicial Magi…

The Supreme Court heard a suo moto contempt petition against Deputy Secretary Sanjiv Datta of the Ministry of Information and Broadcasting, who filed an affidavit in a writ petition concerning a cricket broadcasting dispute that alleged the Court had erred, mocked government policy, and undermined national sovereignty.…

The appellants, senior officers of the Intelligence Bureau, were dismissed under clause (c) of the second proviso to Article 311(2) of the Constitution on the President’s satisfaction that an inquiry was not expedient in the interest of State security. They challenged the dismissal, arguing that the President’s satisfa…

The Union of India challenged the clearance of aluminium dross and skimmings by Indian Aluminium Co. Ltd. without payment of excise duty. The company claimed credit for duty paid on aluminium ingots under Rule 56A while clearing aluminium sheets, and argued that the dross and skimmings, being waste, were not excisable …

The appellants, owners of cinema theatres located within municipal or corporation limits in Madhya Pradesh, challenged the imposition of a theatre tax by Janapada Panchayats under the Madhya Pradesh Panchayats Act, 1962, arguing that they already paid cinema tax under the Municipalities Act, 1961 or the Municipal Corpo…

Rajanna, a security assistant in the Special Protection Group (SPG), suffered permanent partial disablement in a motor accident while traveling in an official SPG vehicle from staff quarters to the South Block. He claimed an ex‑gratia payment of Rs 50,000 under a 1986 Cabinet Secretariat circular that provides such pay…

The appellant, Mis. Shabi Construction Co., entered into a lease agreement with the New Town Development Authority (CIDCO) for a commercial plot, the agreement stipulating a maximum Floor Space Index (FSI) of 2. While the agreement was pending, the State Government issued a notification increasing the permissible FSI f…

The appellants were appointed as Assistant Inspectors in 1963 despite lacking the then‑required degree qualification. After the 1966 rules relaxed the qualification to a diploma, the Labour Commissioner attempted to regularise their services on 15 December 1967 based on a 17 August 1966 notification that allowed regula…

The petitioners, Short Service Commissioned Officers (SSCOs) appointed as Assistant Commandants in the Border Security Force (BSF) between 1974 and 1978, claimed that their prior Army service should be counted for seniority, relying on Rule 8(b) of the Central Reserve Police Force (CRPF) Rules. The Court examined wheth…

The State of Tamil Nadu appealed against a Madras High Court order that struck down Rules 8D, 19B and part of Rule 19A of the Tamil Nadu Minor Mineral Concession Rules, 1959. The State argued that giving preference to State Government companies or corporations in granting quarrying leases for certain granites was a val…

The appellant, Rama Narang, was appointed Managing Director of a deemed public limited company after being convicted of offences involving moral turpitude. Respondent Ramesh Narang challenged the appointment under Section 267 of the Companies Act, 1956, which bars a person convicted of such offences from holding the of…

Petitioners challenged the Tamil Nadu Minor Mineral Concession Rules 8‑C (as amended on 10 June 1992) and Rule 38, alleging that they illegally reserve quarrying of certain granites for the State Government and its companies without the Central Government’s approval required under Section 17‑A(2) of the Mines & Mineral…

The respondent, an Executive Engineer of the Madhya Pradesh Water Resources Department, was transferred from Bhopal to Jagdalpur during President's Rule. He challenged the transfer before the Administrative Tribunal, which quashed it on the ground that a ban on transfers required prior approval of the Governor, which w…

The petitioner, Bhagwan Singh, was eligible to become a member of a Noida cooperative society and had paid the required price. The society refused to allot him a plot because his enrollment was recorded on 8 May 1976, after the cut‑off date of 1 May 1976 fixed by the Supreme Court in NO/DA v. U.P. Residents Emp. Co‑op.…

The State of Orissa acquired about 700 acres of land under the Land Acquisition Act, 1894. The Collector awarded compensation for fruit‑bearing trees at Rs 80 each and non‑fruit‑bearing trees at Rs 60 each, which was confirmed by a Sub‑Judge on reference under Section 18. The appellants did not appeal, but other claima…

Devika Rani allegedly executed a sale deed that was never registered. K.T. Plantations filed a civil suit seeking a declaration that the deed was valid, while Devika Rani denied ever executing it, alleging fraud. The Sub‑Registrar refused to register the deed and the matter was appealed to the District Registrar; the a…

Krishan Prasad Gupta, an employee, filed a claim under Section 15 of the Payment of Wages Act seeking recovery of unauthorized wage deductions. The Authority passed an ex‑parte order and the respondent appealed under Section 17 before the District Judge. While the appeal was pending, the Central Administrative Tribunal…

Rohtas Industries, a large multi‑product manufacturer in Bihar, was ordered to be wound up in 1984, leaving about 10,000 workmen unemployed. The workmen filed a writ petition under Article 32 seeking revival of the undertaking, prompting the Supreme Court to direct the Union and State governments to refer the matter to…

The Supreme Court examined whether the Andhra Pradesh (Scheduled Areas) Land Transfer Regulation, 1959 and its amendments of 1963 and 1970 operate retrospectively to invalidate land transfers made before their commencement. The Court held that the Regulation, particularly Section 3(1)(a), is expressly prospective and d…

Air India, created under the Air Corporations Act, 1953, had its employees' service conditions governed by the Air India Employees Service Regulations framed under Section 45 of that Act. After the Deputy Chief Labour Commissioner certified the standing orders under the Industrial Employment (Standing Orders) Act, 1946…

The Assistant Commissioner of Income Tax sought the release of tax liabilities amounting to Rs. 80,80,198.34 of several notified persons from funds held by a Custodian under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992. The Special Court ordered that the notified persons could …

The Supreme Court examined an election petition challenging the Lok Sabha election of Datta Raghobaji Meghe on allegations that he exceeded the permissible election‑expenditure limit and committed corrupt practices. The Court reiterated that the right to elect and be elected is a statutory right governed strictly by th…

Bombay Chemical Private Ltd manufactured disinfectant fluids and claimed exemption from excise duty under Notification No. 55/75‑CE (as amended by Notification No. 62178 in 1978) which added Item 18 covering insecticides, pesticides, weedicides and fungicides. The Assistant Collector rejected the claim, holding that di…

The Supreme Court examined appeals by several cooperative sugar factories and the State of Maharashtra against a Bombay High Court order that directed non‑member sugarcane growers to be paid the prevailing market price and to be allowed to sell to any factory. The Court held that the Maharashtra Sugar Factories (Reserv…

Dr. Devendra Vir Sahi was appointed as an Assistant Medical Officer on an ad‑hoc basis on 20 July 1985, after the cut‑off date of 1 October 1984 prescribed in Dr. A.K. Jain’s judgment. The Union of India, following a policy that required UPSC screening for ad‑hoc officers appointed between 1 October 1984 and November 1…

The Supreme Court examined an appeal by the Director of Tribal Welfare against LAVETI GIRI, who had obtained admission to an engineering course on the basis of a caste certificate claiming he belonged to the Konda Kapu Scheduled Tribe. The certificate was issued by a Tehsildar who lacked jurisdiction, and the responden…

M/s Angile Insulations filed a suit in the Sub‑Judge Court, Dhanbad, to recover sums due under a contract with Davy Ashmore India Ltd. The respondent invoked clause 21 of the contract, which stipulated that any legal proceedings would be subject to the jurisdiction of the High Court of Bangalore. The trial court return…

The appellant, Madanagopal, son of Jayarama Mudaliar, claimed a one‑fourth share in certain properties alleging they were joint family assets. Earlier, in 1947, his father and uncle had denied being members of the joint family and settled a partition suit by accepting a cash sum. In 1965 the appellant filed a partition…

The Government of India issued an Office Memorandum on 14‑December‑1983 to attract officers from outside the North‑Eastern (NE) region by offering a fixed tenure of posting and, after its completion, a choice of posting. R.C. Bhattacharjee, a civilian employee who had been appointed and served entirely within the NE re…

The Uttar Pradesh State Tourism Development Corporation (UTTDC) governed appointments to its posts by Rule 19 of its 1981 Rules, which stipulates that Class I posts may be filled only by selection or deputation. Respondent No.1, I.B. Misra, a Manager Grade‑I, filed a writ petition seeking a selection process for the va…

The petitioners, companies engaged in mining and stevedoring at Mormugao port, challenged two circulars issued by the Mormugao Dock Labour Board that raised the general levy from 200% to 400% and the welfare levy from 30% to 60% for cargo handled by grab‑crane fitted ocean‑going vessels, and imposed a special levy of R…

The owner of a plot in Jabalpur applied to the competent authority for permission to alienate 16,500 sq ft of land with building to a purchaser. The authority exercised its option under Section 27(1) of the Urban Land (Ceiling and Regulation) Act, 1976 to purchase the property on behalf of the State, and the owner exec…

The appellant's land was acquired for the Garna Dam project and a compensation award was made in 1969. The Collector rejected the reference to the award in 1975, prompting the appellant to file a revision before the District Judge in 1982, which was dismissed. After a further delay, a writ petition was filed in the Hig…

The Punjab Town Improvement Trust sought compensation for land acquired under a 1922 Act. The Land Acquisition Collector awarded market value, which the Tribunal enhanced to Rs 307 per sq yd up to a depth of 43 ft. The Trust challenged this in the High Court, which confirmed the Tribunal’s award but unilaterally increa…

The State of Haryana appealed a High Court order that had confirmed the market value of land acquired in Panchkula and further increased compensation for fruit‑bearing trees by 60% based on a price‑index adjustment. The Collector had originally awarded separate compensation for the land and the trees, a practice the St…

Gian Chand entered into an agreement to purchase a one‑third share of land from Gopala, paying Rs 20,000 as earnest money with the sale deed to be executed by 30‑April‑1978. The appellant later discovered that a notification under Section 4(1) of the Land Acquisition Act, 1894, published on 3‑August‑1977, indicated the…

The respondents purchased 22 acres 63 decimals of land for Rs.1,08,000 on September 4, 1974, two days before a notification under Section 4(1) of the Land Acquisition Act, 1894 was issued to acquire the same land for industrial purposes. The Land Acquisition Officer initially fixed compensation at Rs.1,500 per acre; th…

The Management of Nilpur Tea Estate terminated the services of an employee on 1 February 1982 following a charge-sheet and domestic enquiry. The Labour Court set aside that termination and ordered reinstatement, a decision upheld by the High Court. While the reinstatement was pending, the employer again terminated the …

The Supreme Court heard an appeal by Prakash Marotirao Shere challenging the High Court's order that the State Government appoint an administrator to oversee the election of a Maharashtra cooperative society. The Court had previously directed the appointment of an administrator and set a timetable for finalising the vo…

The State of West Bengal appealed against a Calcutta High Court order that created an intermediate pay scale for direct‑recruit Lower Division Clerks (LDCs) after the posts of Muharrirs were redesignated and fused into the LDC cadre. The Supreme Court examined whether former Muharrirs, now LDCs, could be given a higher…

The Supreme Court had earlier directed the State Government to set up a committee, including an Additional District Judge, to monitor the allotment of houses to weaker sections under a scheme exempted under section 21 of the Urban Land (Ceiling & Regulation) Act, 1976. The State filed an affidavit seeking to modify thi…

Mohan Lal, the father of the respondents, sued Kartar Singh for possession of land, claiming ownership and that an eviction order under Section 43 of the Pepsu Tenancy and Agricultural Lands Act, 1955, was void. The lower courts held that the landlord‑tenant relationship had ended and the Collector lacked jurisdiction,…

Allied Motors Pvt. Ltd. displayed eight neon sign boards showing the names of the commodities it sold. The New Delhi Municipal Committee (NDMC) demanded advertisement tax on these signs. The Delhi High Court Single Judge held the signs were advertisements and dismissed the petition, but the Letters Patent Bench reverse…

The appellants, dealers and manufacturers of electronic goods in Bihar, relied on two notifications issued under Section 7(3) of the Bihar Finance Act, 1981 which exempted sales tax and purchase tax on electronic raw materials and finished electronic goods. For the assessment year 1989‑90 they claimed a similar exempti…

V.N. Enterprises supplied goods to the Chief General Manager, Telecom and others, raising bills of Rs 66,09,669.36, of which only part was paid. The appellants, a statutory authority, claimed a loss of Rs 43,16,400 due to high quotations and therefore withheld that amount. The Orissa High Court entertained a writ petit…

The appellants owned a house in Sangrur that was assessed for the 1987‑88 year at a rateable value of Rs 1,50,472.50, calculated on the basis of the actual rent of Rs 12,687 per month received from the State Bank of India, after deductions under s.3(1)(b) of the Punjab Municipal Act, 1911. The respondents argued that t…

The appellant, the owner of a ground‑floor flat, had let the premises to Mr. Stayner in 1940. After Mr. Stayner's death, his wife succeeded to the tenancy and died on 9 July 1981. The appellant filed a suit for ejectment against the respondent, who was occupying the flat after the wife's death, alleging that the respon…

The Assistant Commissioner, GADAG Sub‑Division appealed against a decision that land owners were entitled to additional compensation under Section 23(1‑A) of the Land Acquisition Act, 1894. The land was taken into possession on 23‑Jan‑1971, the notification under Section 4(1) was published on 2‑Aug‑1994, and the award …

The respondent bought a cashew‑nut estate on 16 April 1969. Section 84(1) of the Kerala Land Reforms Act, 1963 declares all voluntary transfers made after the Bill’s publication on 1 April 1964, except for certain exemptions, to be void. The Kerala High Court held that the sale was saved by clause (a) of the Explanatio…

The respondents, Union of India and others, initiated eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 against nine of the 169 original allottees of Lumbini Nagar Cooperative Housing Society Ltd. Those nine allottees, who had allegedly relinquished their right to occupy thei…

A complaint was lodged that the United Bank of India, where the respondent was branch manager, had been defrauded of Rs. 45,000 in collusion with some officers. The Superintendent of Police (C.B.I.) investigated and obtained sanction under s.6(1)(c) of the Prevention of Corruption Act, 1947 to file a charge‑sheet for s…

The State of Uttar Pradesh filed a special leave appeal against an interim order of the Allahabad High Court that directed the respondents to be paid as regular employees. The High Court had issued the direction while the substantive employment dispute was still pending before it. The Supreme Court examined whether suc…

The Registrar of Co-operative Societies, West Bengal, appointed an arbitrator under the West Bengal Cooperative Societies Act, 1983 to resolve a dispute with a transport contractor. The arbitrator failed to render an award within the one‑year period prescribed by s.96(5)&(6). The contractor approached the Calcutta High…

The Supreme Court examined whether an officer specially empowered under the COFEPOSA Act or the PIT NDPS Act to make a preventive detention order is required to consider the detainee's representation against that order. It held that the officer who makes the order is the detaining authority and must afford the detainee…

The Supreme Court examined two government orders concerning pensions of State of Rajasthan employees who retired before 1 September 1986. The 1987 order guaranteed a minimum monthly pension of Rs 300, inclusive of original pension and temporary increases. A later 1989 order provided additional relief ranging from Rs 50…

The plaintiff S.V.R. Mudaliar sold two properties to Mrs. Rajabu Buhari in 1959 and, based on a written "gentleman's understanding" recorded as a "Record of Fact" (Ex.P1), expected the properties to be reconveyed if the purchase price was repaid within three years, with a 10% solatium. One property was reconveyed, the …

The petitioners, operators of video game parlours, were directed by the Commissioner of Police in Bangalore and the Commissioner in Madras to obtain licences under the respective licensing orders and police acts. They challenged the requirement, arguing that video games are not "gaming" within the meaning of the Tamil …

The case concerned lands acquired for construction of explosive magazines under the Land Acquisition Act, 1894. The Collector awarded compensation, which the petitioners accepted by signing an agreement (Ex‑B) and received the amount. Subsequently they objected to the award and, without having taken protest at the time…

The case involved land‑acquisition proceedings where compensation was successively enhanced by the Additional District Judge, a High Court Single Judge and a Division Bench. The claimants filed appeals under Section 54 of the Land Acquisition Act but paid court fee only on the lower amount originally claimed. After the…

A. Raghumani Singh, a government employee of Manipur State, died while in service. His widow, Smt. A. Ongbi Memcha Devi, was appointed on compassionate grounds as a Lower Division Clerk on 1 January 1974 and later promoted to Upper Division Clerk. In 1991 she filed a writ petition seeking the appointment of her brother…

The State of Bihar prosecuted Tata Iron and Steel Co. Ltd. for selling non‑metallurgical coal without a licence under the Bihar Trade Articles (Licence Unification) Order, 1984. Tata argued that, as a colliery governed by the Central Government's Colliery Control Order, 1945, the State Order could not apply to it. The …

The Food Corporation of India (FCI) had several registered trade unions and needed to select a sole bargaining agent. Both FCI and the unions agreed to use a secret ballot to determine which union(s) represented the majority of workers. The Supreme Court was asked to prescribe a procedure that would ensure a fair and r…

The case involved ten accused who were charged with conspiracy to supply spurious liquor that caused 70 deaths and permanent loss of sight to 24 persons. The High Court convicted five of them under sections 326, 328 and 272 of the IPC and sentenced them to rigorous imprisonment. The appellants filed appeals under Artic…

The Supreme Court examined writ petitions challenging Bar Council of India's Rule 9, which barred persons aged 45 years or more from enrolment as advocates. The petitioners argued that the rule violated Articles 14, 19(1)(g) and 21 of the Constitution and was inconsistent with Section 24 of the Advocates Act, 1961, whi…

The Supreme Court considered writ petitions filed under Article 32 challenging a press note issued by the Election Commission that elections in Bihar and Orissa would not be held unless photo identity cards were supplied to all eligible voters. The Commission had earlier directed states, under Rule 28 of the Registrati…

The Cochin Devaswom Board sued tenants (including Captain E.M. George) claiming exclusive fishing and prawn‑fishing rights over lands granted under various demises, asserting a right of easement. The High Court had held that the Board’s rights were divested by the Kanam Tenancy Act and the Kerala Land Reforms Act, vest…

The Supreme Court examined an appeal by Nikki seeking to increase compensation for 21.64 acres of land acquired in 1978 near Chandigarh for a brick kiln under the Land Acquisition Act, 1894. The land was initially compensated at Rs.21,000‑48,000 per acre, later enhanced to Rs.27,000 by the Additional District Judge and…

The appellant, Baletha Math, possessed 15.36 acres of land and was subject to ceiling proceedings under the Bihar Land Reforms (Fixation of Land Ceiling and Acquisition) Act, 1961. An order dated 15‑04‑1976 held the Math to be a separate entity, but after the amendment introducing Section 32‑A (effective 06‑04‑1981) al…