Judgments of 1995

The petitioner, P.M. Hari Kumar, was arrested in March 1990 for allegedly smuggling silver and was granted bail with conditions. The Kerala government issued a preventive detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on July 11, 19…

The appellant, Dharmavir, worked as a teacher at Adarsh Higher Secondary School from 3 September 1985 after a reserved post remained vacant and another teacher left. He claimed entitlement to salary for the period he performed duties, while the Management alleged that he had already received double payment. The Distric…

The appellants, former land intermediaries, claimed ownership of a 4‑bigha agricultural plot in Begusarai, Bihar, and obtained a decree for possession in the trial court and first appellate court. The Patna High Court reversed, holding that under the Bihar Land Reforms Act, 1950, the land vested in the State because th…

Gujarat Bottling Co. Ltd (GBC) entered into a 1993 licence agreement with Coca Cola to bottle and distribute beverages under several trade marks, which included a negative covenant prohibiting GBC from dealing in competing products during the agreement's term. A subsequent 1994 agreement, intended to register GBC as a …

The appellant, a District Primary Education Officer, appealed against a Gujarat High Court order that had directed the grant of aid for a clerk and a peon to a trust running a single primary school. The trust claimed that under Rule 115(3) of the Bombay Primary Education Act, 1949, institutions operating more than one …

In Village Sakhni, Uttar Pradesh, a factional clash erupted during a funeral procession, resulting in the death of ten members of the prosecution party. The accused, led by Shamshul Kanwar, were found to have entered the scene armed and fired indiscriminately, constituting an unlawful assembly under Sections 302 and 14…

B.P.L. Pharmaceuticals Ltd. manufactured a Selenium Sulfide Lotion (branded Selsun) containing 2.5% selenium sulfide, used for treating seborrhoeic dermatitis and tinea versicolor. The product was certified as a drug by the FDA, labelled with warnings, and marketed through chemists on prescription. While earlier excise…

The appellant was convicted by a Sessions Judge for murder (Sec. 302/34 IPC) and for tampering with evidence (Sec. 201 IPC). On appeal, the Calcutta High Court dismissed the appeal without re‑examining the trial evidence, relying on the trial judge’s observation of witness demeanor. The Supreme Court held that an appel…

In 1987 the Railway Recruitment Board, Madras advertised about 500 non‑technical posts and conducted written exams. After the results, a second written exam was ordered, which was later quashed by the Madras High Court. The Supreme Court directed the Board to appoint the 775 candidates selected in 1987 within two weeks…

M/s. Sahney Paris Ltd. manufactured self‑starter motors for motor vehicles and submitted a classification list placing them under Tariff Item 68 of the Central Excise Tariff. The Assistant Collector and subsequent authorities re‑classified the items under Tariff Item 30, treating them as electric motors, and levied exc…

The case concerned two composite textile mills that manufactured cotton yarn in their weaving departments and used it captive in their spinning departments to produce fabric. An exemption notification dated 18 June 1977 exempted such yarn from excise duty, but a later notification dated 15 July 1977 partially withdrew …

The respondent owned an undivided one‑third share in a house occupied as his own residence along with his brother and other co‑owners. For assessment year 1962‑63 the Assessing Officer deducted the amount prescribed under Section 23(2) of the Income‑Tax Act from the total annual letting value of the house and then appo…

Laxmi Engineering Works, a small‑scale proprietary concern, bought a CNC universal turning machine from P.S.G. Industrial Institute and alleged it was defective, claiming Rs. 4 lakhs. The Maharashtra Consumer Disputes Redressal Commission allowed part of the claim, but the National Consumer Commission set it aside, hol…

The petitioner filed a public‑interest litigation alleging that an oil mill near a Gurudwara was being used for smuggling narcotic drugs and that various officials, including a High Court judge, were corrupt. The Madhya Pradesh High Court issued a vague, sweeping order directing the stoppage of such activities and the …

Eleven accused were tried before the Special Court, Ferozepur for murder and related offences under the IPC and Arms Act. The trial court convicted some and acquitted others but its judgment contained only conclusions without any discussion of evidence or reasons. Appeals were filed under Section 14 of the Terrorist Af…

The dispute concerned a marble mining lease in Rajasthan where an earlier lease granted to Babula Modi was deemed revoked for failure to execute the formal lease deed within three months. Respondent No.5 applied for the same area on 20 October 1982 and again on 19 January 1983, both of which were rejected as premature.…

The wife appealed to the Supreme Court under Section 13‑B of the Hindu Marriage Act, seeking a decree of divorce by mutual consent and alimony. The parties, at the Court's suggestion, agreed that the husband would pay the wife Rs 700 per month starting 1 November 1995, with payment due by the 5th of each month. The Cou…

The Jaipur Development Authority (JDA) offered 15,000 sq. yards of land to Children’s Academy at a reserved price of Rs 160 per sq. metre, requiring full payment of Rs 20,31,820.90. The Academy deposited only Rs 1 lakh, leading to cancellation of the offer. A fresh offer was later made under the same terms, which the A…

Mahanagar Telephone Nigam Ltd. (the Nigam) and the Union of India claimed exclusive rights to publish the list of telephone subscribers under Rule 458 of the Indian Telegraph Rules, 1951, and sought to restrain Tata Press Ltd. from publishing its "Tata Press Yellow Pages" – a buyers' guide comprising paid advertisement…

The respondent, Vallurivan Raju, filed a declaration under Section 8(1) of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The Land Reforms Officer held that his holding exceeded the statutory ceiling of 1.3590 acres. The High Court, on revision, allowed the exclusion of only 3 acres 5 cen…

The Special Land Acquisition Officer appealed against the Karnataka High Court’s modification of the compensation awarded to the petitioners for acquired land. The High Court reduced the compensation per acre but the Supreme Court affirmed the award and further granted enhanced solatium at 15% and interest at 6% on the…

Harbans Singh, who joined the Punjab Department of Legal and Legislative Affairs as a clerk in 1965 and was promoted to Assistant in 1974, claimed promotion to Legal Assistant on the basis of seniority when a vacancy arose in 1977. Ajit Lal Arora, the third respondent, was appointed to the same post on May 20, 1977, af…

The appellant, a general‑category candidate, and Dr. Nitya Anand, a backward‑class candidate, were appointed as lecturers under the Haryana Medical Education Service Rules, 1965. The appellant argued that the order of merit prepared by the Selection Committee, which placed him higher than Dr. Anand, should determine in…

The appellant, the estate of the late Sri Kaptan Singh, filed a writ petition in the Delhi High Court seeking a mandamus directing the Commissioner of Police to transfer his criminal complaint to an independent police agency, alleging that while in police custody his property was being alienated by a person claiming po…

The appellant, a grandson, sought to reopen a preliminary ex‑parte decree in a title suit concerning a Hindu joint family property, claiming that his grandmother's life estate under a 1942 compromise decree had become an absolute estate under Section 14(1) of the Hindu Succession Act, 1956, and that his mother could be…

The employees of Rajasthan State Road Transport Corporation were dismissed after disciplinary inquiries conducted under certified Standing Orders. They filed civil suits seeking declaration that the dismissals were illegal and that they be reinstated with benefits. The corporation contended that the Civil Court lacked …

The Government of India appealed against the assessment orders of the Assistant Collector of Central Excise which allowed Madras Rubber Factory Ltd. (MRF) various deductions under Section 4 of the Central Excises and Salt Act, 1944, while disallowing others. The key disputes concerned whether expenses incurred in maint…

Three appellants were arrested in Gujarat and, after a police search, charas was seized from them. They were convicted under Section 20 of the NDPS Act and Sections 65 and 66 of the Bombay Prohibition Act. The appellants argued that the police had not informed them of their right, under Section 50 of the NDPS Act, to b…

G. Rabinathan, an Emergency Commissioned Officer in the defence services from June 1963 to September 1967, joined the National Cadet Corps (NCC) from December 1967 to June 1972 and was later appointed as a Probationary Commercial Tax Officer in Karnataka. He sought continuity of service for seniority under Rule 6‑A of …

The petitioners, owners of private forests in Kerala, challenged the constitutional validity of the Kerala Private Forests (Vesting and Assignment) Act, 1971, arguing that the State had failed to implement its agrarian‑reform objectives under Section 10 and that the later Forest (Conservation) Act, 1980 (and its 1988 a…

The Supreme Court considered appeals arising from the sale of mortgaged industrial premises by the Bihar State Financial Corporation. The purchasers, who acquired the assets at auction, were denied reconnection of electricity because the Bihar State Electricity Board demanded payment of arrears incurred by the previous…

The case concerned promotion of senior clerks belonging to Scheduled Tribes in Gujarat civil services. Several posts reserved for STs were vacant because no candidates possessed the full experience prescribed in Rule 11‑A of the Gujarat Civil Services Classification and Recruitment (General) Rules, 1985. The respondent…

The Rajasthan Service Rules, 1951 were amended in 1964 to introduce a liberalised family pension scheme (Rule 268‑H) that could be elected only by government servants who were in service on 29 February 1964 or who joined thereafter. The Sevanivatra Karamchari Hitkari Samiti, an association of retired employees, challen…

The dispute concerned seniority in the post of Chargeman Grade‑I in the Ministry of Defence, where recruitment was by promotion and direct recruitment under an 80:20 rotation rule. The first respondent (a promotee) was placed junior to direct recruits in the 1982 seniority list and sought its set‑aside, alleging that t…

Sri Manohar appealed against the Karnataka Administrative Tribunal’s dismissal of his service law claim on the ground of laches. The Tribunal had accepted the employer’s explanation for the delay and dismissed the case without a counter‑affidavit from the respondents. The Supreme Court noted that the respondents had no…

Darshan Kumar filed a suit on 25 September 1989 challenging several orders of the competent authority that had withheld his service increments. The trial court held the suit was not barred by limitation because the enquiry procedure under the relevant rules was not followed. The appellate court merely observed that no …

The appellants, former government employees, were dismissed for multiple unauthorised absences amounting to marginal lapses of one to two days. They challenged their dismissal before the Supreme Court, seeking reinstatement with full back‑pay. The Court examined whether such marginal lapses warranted dismissal or could…

The State of Manipur appealed a Gauhati High Court order that had upheld the filling of vacant Executive Engineer posts in the Civil Circle of the Electricity Department without directing the government to fill all vacancies. The Supreme Court observed that before deciding the merits, the State Government must first ta…

The State of Gujarat initiated proceedings under the Gujarat Agricultural Lands Ceiling Act, 1960 to determine the ceiling and surplus area of a parcel of land. The respondent claimed that an agreement dated 14 October 1969 had transferred 30 acres to his mother, a transfer that had been recorded through mutation on 15…

The Land Acquisition Collector issued an award fixing compensation for three belts of land. Twenty‑two landowners, including the appellants, signed Form K under Rule 9(5)(i) of the Rules, thereby accepting the compensation without protest. Subsequently the appellants filed a writ petition in the Punjab & Haryana High C…

The Jabalpur Cantonment Board had initially granted permission to S.N. Awasthi and others to construct a building, but later cancelled it. The respondents challenged the cancellation before the High Court, which set aside the cancellation on grounds of natural justice, lack of distinction between the Military Estates O…

M/s Longia Bir Company, through its MD, appealed to the Supreme Court against a Patna High Court order dismissing its writ petition concerning the computation of liability under the Provident Fund Miscellaneous Provisions Act, 1952. The appellant argued that it was not given an opportunity to be heard before the liabil…

In a suit for possession filed by the rival reversioners, the appellants, who were the landlords, were defendants. The respondents had remained in possession for over twelve years, thereby acquiring title by adverse possession, and the appellants had also entered into a tenancy agreement with them, which under Section …

The Special Land Acquisition Officer appealed against a compensation order awarded to Siddappa Ujanappa Iviadar, challenging the applicability of Sections 23(1‑A), 23(2) and 28 of the Land Acquisition Act, 1894 as amended by the 1984 Amendment Act. The Court observed that the questions raised had already been decided b…

The Gauhati University was served a summons on 28 May 1990 to appear on 29 May 1990 in a suit. The University sought an adjournment, the case was adjourned to 19 July 1990, but the new date was never communicated, leading to an ex parte decree. The University filed an application under Order IX Rule 13 of the CPC to se…

The Oxford English School challenged the acquisition of its land by the Government of Tamil Nadu. A notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 8 September 1982 and a declaration under Section 6 was issued on 19 December 1983 (published 15 February 1984). The school obtained a sta…

A group of 17 practising advocates filed a letter‑petition under Article 32 of the Constitution, alleging that the Punjab police had kidnapped and possibly murdered several of their colleagues, including Ranbir Singh Mansahia, Jagwinder Singh, Kulwant Singh and Sukhwinder Singh Bhatti. The State of Punjab replied that …

The petitioners, Rashtriya Chini Mills Adhikari Parishad, challenged a Uttar Pradesh Government order to sell six sugar factories by filing a writ petition under Article 226 before the Lucknow Bench of the Allahabad High Court. The Division Bench held that the Lucknow Bench lacked jurisdiction because only one factory …

The Ramakrishna Mission established a degree college at Rahra with financial assistance from the State and Union governments, and the college was administered by a governing body constituted by the Mission, not the standard pattern prescribed for sponsored colleges. A dispute arose when the teachers' council struck and…

The husband, Nand Kishore Mehra, filed a suit in the Delhi High Court seeking relief concerning properties he alleged were purchased benami in his wife Sushila Mehra's name. The wife moved to have the plaint rejected on the ground that the suit was barred by Section 4 of the Benami Transactions (Prohibition) Act, 1988.…

The Supreme Court examined the Karnataka Forest Department Services (Recruitment) Rules, 1987, specifically the proviso to the Note in Schedule to Rule 2, to determine when a Range Forest Officer becomes eligible to be sent for a Diploma Course in Forestry. Two Range Forest Officers, S. Ramesh and N. Shivaraju, had eac…

The U.P. State Sugar Corporation Ltd., a government‑owned company, sought to sell eight loss‑making sugar units. Its net‑worth had fallen by more than 50%, making it a potentially sick industrial company under the Sick Industrial Companies (Special Provisions) Act, 1985. The corporation sent a letter dated 7‑11 May 199…

Raja Radio Co imported Class‑E high‑temperature resisting material consisting of presspahn paper laminated with polyester film and paid customs duty under heading 39.01/06 of the Customs Tariff Act, 1975, together with counter‑vailing duty under tariff item 17(2). The company later claimed a refund, arguing that the go…

Lord Lingaraj, the appellant, let out agricultural land to Dr. Ramendu Ray in 1937, before the Orissa Hindu Religious Endowments Act, 1939 came into force. After Ray's death his widow Bhibhati succeeded and later transferred the land to the respondents. The appellant filed a Section 68 petition for possession which was…

The assessees, M/s Steel Strips Ltd., manufactured cold‑rolled steel strips from hot‑rolled strips, which under Central Excise Tariff Item 26AA attracted a higher duty (Rs 650/MT) than hot‑rolled strips (Rs 450/MT). The excise authorities contended that the cold‑rolled strips were the result of a distinct manufacturing…

Padmavathy Amma appealed to the Supreme Court against a decision of the Kerala High Court that awarded a one‑sixth share of a gifted property to the son of her sister, Kochukuni. The dispute arose from a gift made by Padmanabha to his sister, who had two sons and a daughter, and the question was whether the gift was in…

The petitioners, tenants, challenged the validity of Order 15 Rule 5 of the Code of Civil Procedure, which had been inserted by the Uttar Pradesh Civil Laws (Amendment) Act, 1972 and later amended by the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976, on the ground that it was repugnant to the CPC Central (…

The Commissioner of Income Tax, Jullundur issued notices under Section 139(2) of the Income Tax Act, 1961 to Ajanta Electricals and its partners, requiring them to file returns within 30 days. The assessees filed their returns and applications for extension of time after the due dates, leading the Income Tax Officer to…

The appellant, Raghubar Dayal (deceased), was granted parcels of land in 1956 under the Government Grants Act, 1895 for personal cultivation, subject to lease‑like covenants. In 1974 the prescribed authority, invoking the U.P. Imposition of Ceiling on Land Holdings Act, 1960, issued a notice determining surplus land an…

The appellants challenged the High Court's finding that the respondents, being within the ceiling limit under the Maharashtra Land Ceiling Act, could not be declared surplus land holders and thus the allotment of surplus land to them was illegal. The Supreme Court directed both parties to produce the land return filed …

A landowner died leaving three sons; one son, B, died leaving his widow S, who occupied his one‑third share for maintenance under Section 11 of the U.P. Zamindari and Land Reforms Act, 1950. After S's death, her daughter C claimed the same one‑third share in consolidation proceedings. The Settlement Officer held S’s ri…

The Uttar Pradesh Avas evam Vikas Parishad (the Housing Board) allotted flats under a self‑financing scheme but delayed possession, later demanding an escalated price and 18% interest from the allottees. The Allahabad High Court upheld the price escalation but held the interest excessive, directing the Board to relax i…

The Supreme Court entertained a writ of habeas corpus filed by Dhananjay Sharma alleging illegal detention by Haryana police on 15‑1‑1994. The police officials (SSP Anil Davra, Addl SP Sham Lal Goel and SHO Rajinder Singh) denied the allegations and filed false affidavits, while also pressurising the taxi driver Sushi …

Hindustan Construction Co. Ltd. entered into a dam‑construction contract with the Government of Orissa. A dispute over escalation charges and other sums exceeding Rs 1 crore was referred to an Arbitration Tribunal, which directed the State to refer the matter to a Special Arbitration Tribunal under the proviso to sub‑s…

The case concerns the murder of Tarkeshwar Prasad Singh on 13 January 1983, when accused Prem Kumar (Accused No.1) and Ramesh Singh (Accused No.2) entered a bus and fired rifles at the victim, killing him instantly. The trial court convicted the two accused under Section 302 IPC and also under Section 307 IPC; the High…

The Gujarat Rural Debtors Relief Act, 1976 was enacted to protect poor rural debtors from exploitation by non‑institutional money‑lenders. Section 14(2) provides that when a debtor’s debt is discharged or reduced, any property pledged as security must be released and returned to the debtor. The Gujarat High Court struc…

Hindustan Antibiotics Ltd (HAL) sought to upgrade its penicillin‑G production and evaluated proposals from several firms, ultimately selecting Max‑GB (a joint venture of Gist Brocades and Max India) for technology transfer. The appellants (Torrent Gujarat Biotech, SPIC and PBG) alleged that HAL’s Managing Director acte…

The appellants, who had served as Ministers in the Orissa government and later became Members of the Legislative Assembly (MLAs), were prosecuted for criminal misconduct under Section 13(1)(e) of the Prevention of Corruption Act, 1988. They contended that, being MLAs at the time of taking cognizance, they were public s…

The petitioner, a candidate in the 1994 Combined Pre‑Medical Test in Uttar Pradesh, challenged a university circular that reserved 65% of seats in medical colleges for reserved categories, alleging violations of Articles 16, 14, 19 and 21 of the Constitution and the 50% ceiling set in Indira Sawhney. After the petition…

The respondent, Sangram Das, applied for a vacancy of Assistant Law Officer in Orissa and, after a merit-based appointment to another post, sought direction from the Administrative Tribunal to be appointed to a subsequent vacancy. The Tribunal ordered the State to appoint him, but the State appealed to the Supreme Cour…

Birla Cement Works, a cement manufacturer, paid excess freight charges after a gauge conversion added 34 km to the railway distance. The company discovered the mistake when the railway admitted the error on 12 Oct 1990 and claimed a refund under Section 78-B of the Indian Railways Act. The Railway Claims Tribunal dismi…

The petitioner, MD Noorul Hoda, bought land benami in the name of his brother‑in‑law Rafique on 1 December 1959. Respondents obtained a partition decree (preliminary decree 22 January 1973, final decree 9 February 1974) allocating the land to Bibi Raifunnisa. The petitioner later obtained a second sale deed from Rafiqu…

Rajeev Metal Works applied to the District Industry Centre for 300 MT of galvanized steel sheets, which were to be procured by the statutory agency MMTC Ltd. on its behalf. MMTC pooled requirements, placed a consolidated indent with a foreign seller, but could supply only a portion of the quantity; the appellant failed…

Ram Nath Dewan executed a 1942 will granting his wife Satyawati a life estate in the Doctor's Lane house and directing that after her death the property go to his legal heirs. After Ram Nath's death, the son (first defendant) contested the will, claiming a later 1950 will, and the parties litigated until a 1955 settlem…

The plaintiffs filed a suit for specific performance of a sale agreement and were ordered by the High Court to amend the plaint to implead the purchaser, Kabari Pvt. Ltd. Although the amendment was allowed in 1982, the plaintiffs failed to act on it for about ten years despite being aware of their own laches and the ne…

The appellants challenged the acquisition of land near Surat railway station under the Land Acquisition Act, 1894, after filing objections to the notification. The Revenue Department advised that, considering the objections and a revenue circular, the acquisition could not be sanctioned, while the Urban Development Dep…

Mysore Traders, a partnership firm, were appointed by Bajaj Auto Ltd as sole distributors of Vespa scooters and auto‑rickshaws in Ahmednagar. The firm claimed that the appointment created an agency coupled with interest, making the termination of the distributorship without reasonable notice wrongful under Section 206 …

Sixteen villages that were originally part of Murshidabad district and fell within the Jangipur Parliamentary Constituency under the Delimitation Order, 1976, were later administratively transferred to the district of Maida due to a change in the course of the River Ganges. The residents filed a writ petition seeking a…

The appellant, an Income Tax Officer, was investigated by the CBI and found to hold assets disproportionate to his known income. Although the evidence was insufficient for criminal prosecution under Section 5(1)(e) of the Prevention of Corruption Act, 1947, a departmental inquiry proved the misconduct and dismissed him…

The Supreme Court examined three notifications issued under Section 4 of the Land Acquisition Act for acquiring land for the Tamil Nadu Housing Board. It held that a final and effective scheme under the Tamil Nadu Housing Board Act is not a pre‑condition for issuing such a notification, and that the public purpose stat…

The appellant, Bawa Nihal Singh, filed a civil miscellaneous petition but failed to pay the required deficit process fee and to file the necessary applications despite multiple notices from the court. The court issued several reminders on 15 May 1993, 13 June 1994, 15 July 1994, and 6 August 1994, each time attaching a…

The appellants filed Civil Appeals Nos. 6258‑59 of 1983 challenging the validity of a notification issued under section 4(1) of the Land Acquisition Act. The decree sought to be challenged was common to all appellants and was indivisible. The court had earlier directed the senior‑advocate‑designated counsel to inform t…

The State of Maharashtra acquired land for an electricity sub‑station under the Land Acquisition Act, 1894, awarding Rs 5,000 per acre but deducting one‑third of the amount as interest per a 1972 government circular. The landowner challenged this deduction, and while the appellate court upheld it, the Bombay High Court…

The Central Bank of India obtained a decree against M/s. Madan Lal and Brothers for a debt and directed execution against a hypothecated factory premises. The respondents contended that the property should be sold at its market value, with the proceeds applied to the decree, and that any shortfall could be recovered fr…

The Central Government acquired 17.57 acres of land within Nagpur municipal limits for a grain godown under the Land Acquisition Act, 1894. The acquisition officer paid compensation based on a per‑square‑foot market value, while the reference court and the High Court used differing methods, leading to a dispute over th…

The respondents, daughters of Doddahanumegowda, filed a suit seeking exclusive possession of his coparcenary property, asserting that as the sole surviving coparcener D could bequeath the entire estate to them. The appellants, daughters of D’s predeceased son Chikhanumegowda, claimed a right to a share under the Hindu …

The appellant challenged the validity of land acquisition proceedings initiated by Khanna Improvement Trust under the Punjab Town Improvement Act, 1922. The High Court dismissed the writ petition on the ground that it was filed belatedly, having been filed in 1988 despite the notification of acquisition being published…

The appellant purchased land in 1970 and built a house after a preliminary notification under Section 4(1) of the Rajasthan Land Acquisition Act, 1953 had been issued in 1963 for the planned development of Jaipur. The declaration under Section 6 was only published in 1991, and the appellant’s applications for exemption…

The case concerned Jagdish Singh's challenge to the compensation awarded for land acquired under the Land Acquisition Act, 1894. The acquisition officer initially fixed different rates for two blocks, which were later consolidated by the reference court and the Punjab & Haryana High Court to a uniform rate of Rs 10 per…

The Housing Board of Haryana issued additional price demands to allottee families after a land price escalation, which the allottee association contested before the District Consumer Forum. The Forum quashed the Board's demand and the Board appealed to the State Commission, which dismissed the appeal as time‑barred und…

The Uttar Pradesh Sales Tax Association challenged a writ issued by the Allahabad High Court that restrained a Deputy Commissioner (Appeals) Sales Tax, Agra, from exercising his quasi‑judicial powers under Section 9 of the Uttar Pradesh Sales Tax Act, 1948, and ordered the transfer of his pending cases. The Bar Associa…

The appellant, an Inspector of Police, was dismissed for failing to deposit his service revolver and six live cartridges, claiming the loss occurred because he shared a room with two colleagues. The court examined whether dismissal was a proportionate punishment given his unblemished service record up to 1989 and the p…

The Government was set ex‑parte in a suit and an ex‑parte decree was passed against it. The State filed an application on 17 February 1984 to set aside that decree, claiming it had knowledge of the decree on 15 February 1984 when its office was informed. The Karnataka High Court dismissed the application on the ground …

The Himachal Pradesh State Electricity Board appointed certain employees on daily wages as temporary mates who performed the duties of clerks and claimed equal pay with regular clerks. The High Court allowed the claim and held it had jurisdiction to decide the dispute, reasoning that the Administrative Tribunal Act, 19…

Ram Kishan, a constable of the Delhi Police, was charged with facilitating an under‑trial prisoner to consume alcohol and with abusing superior officers. The departmental inquiry found the first charge unproved and the second partly proved, but the Additional Deputy Commissioner of Police (ADC), acting as disciplinary …

K. Kandaswamy, an IPS officer, was compulsorily retired by the Government of India under Rule 56(j) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, after a special report raised doubts about his integrity, including a suspicious request to purchase a coffee estate. He challenged the order before …

The appellant was initially appointed as an ad‑hoc lecturer in a college that lacked sufficient students, and was transferred to another college where he was directed to report for duty. Instead of reporting, he demanded a regular appointment, which was refused, and he obtained a tribunal order directing his regular ap…

The Supreme Court examined whether land and buildings owned by the International Airport Authority of India (IAAI), leased to the Indian Tourism Development Corporation (ITDC) for a hotel, were exempt from municipal property tax under Article 285(1) of the Constitution. The Court held that the IAAI is a distinct statut…

The Indore Development Authority (IDA) acquired land under the Land Acquisition Act, 1894 and a reference court enhanced the compensation from Rs. 25,000 to Rs. 88,000 per hectare. IDA filed a memorandum of appeal in the Madhya Pradesh High Court, paying the fixed court fee, but the High Court ordered it to pay an ad v…

The Narcotics Control Bureau seized a consignment of hashish and arrested three persons under the NDPS Act. The complaint was not filed within the 90‑day period prescribed in the proviso to Section 167(2) of the CrPC, and the accused claimed an automatic right to bail. The High Court allowed the bail, holding that the …

The dispute concerned whether Hundekaris, who act as clearing agents in vegetable markets, could be registered as "employers" under Clause 14 of the Vegetable Markets Unprotected Workers (Regulation of Employment and Welfare) Scheme, 1985, made under the Maharashtra Mathadi, Hamal and Other Manual Workers Act, 1969. Th…

R.N.A. Britto, appointed as Secretary of the Bajpe Panchayat under the Karnataka Village and Local Boards Act, 1959, was terminated by a memo dated 4 November 1986. He challenged the termination before the Karnataka Administrative Tribunal, which dismissed his petition on the ground that he was not a civil servant of t…

A journalist, writing as President of Citizens for Democracy, petitioned the Supreme Court under Article 32 alleging that seven TADA detainees lodged in Guwahati Medical College Hospital were handcuffed and tied with ropes, violating their constitutional rights. The State of Assam countered, claiming a high risk of esc…

The plaintiffs filed a suit for possession of a property against the first defendant, who was deceased, and the second defendant, the petitioner. The petitioner sought to file an additional written statement asserting title under a will, but the trial court dismissed the application, holding that a legal representative…

The petitioners filed a suit for a permanent injunction to restrain the respondents from dealing with a trust property. After the suit was filed, they discovered that the Charity Commissioner had granted permission to sell the property and sought to amend the plaint under Order 6 Rule 17 to claim specific performance o…

The appellants, high‑tension electricity consumers including Real Food Products Ltd., challenged the Andhra Pradesh State Electricity Board’s tariff revisions, arguing that the board’s imposition of a fuel‑adjustment cost only on high‑tension users and the flat‑rate concession for agricultural pump sets violated Articl…

The case concerned a main partnership engaged in abkari (liquor) business that had a partner, Ganga Goud, who held a 10% share. Ganga Goud and eleven other persons formed a sub‑partnership to provide the capital required for his share and to share the profits and losses arising from the main partnership. The Income‑Tax…

Balwant Singh and Bhupinder Singh, two government employees, were arrested in Chandigarh on 31 October 1984 for shouting slogans such as "Khalistan Zindabad" and "Raj Karega Khalsa" on the day Prime Minister Indira Gandhi was assassinated. They were convicted under Sections 124A (sedition) and 153A (promoting enmity) o…

A notification under Section 4 of the Land Acquisition Act, 1894 was issued to acquire 4.5 acres of land in Punjab. The Collector initially awarded Rs.13,816 per acre as compensation. The Additional District Judge enhanced it to Rs.2,50,000 per acre, but the Punjab and Haryana High Court reduced the award to Rs.30,000 …

Sh. Kishandas Kanahiyalal Gandhi was declared to have a surplus of 45 acres 30 guntas of agricultural land under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. He argued that the tenant, Om Prakash, had crystallised tenancy rights over 47 acres 17 guntas, thereby removing the surplus, and alternati…

The appellants' 27 acres of land were acquired under the Land Acquisition Act, 1894 and initially awarded Rs 5 per marla. Subsequent proceedings resulted in the High Court classifying the land into blocks A, B and C, and, relying on the precedent Mange Ram v. State of Haryana, fixing compensation at Rs 6.75 per square …

The appellant, P.V. Devassia, executed two gift deeds transferring 10 acres and 11 acres of land to his two married sons and sought exemption of those lands from the ceiling area prescribed under the Kerala Land Reforms Act, 1963. The Land Tribunal allowed an exemption of only six acres to each son, a decision affirmed…

The Improvement Trust of Ludhiana framed a Development‑cum‑Housing scheme which was later modified and sought State sanction under the Punjab Town Improvement Act, 1922. The appellants challenged the scheme on the grounds that the modified scheme required re‑publication, that notices under sections 36 and 38 were not s…

M/s. Warden and Co. (India) Pvt. Ltd. manufactures fibre drums whose cylindrical side is paper, while the lids and bottom are plywood reinforced with steel rings. The company sought to have the drums classified under Central Excise Tariff Item No. 17(4) and to claim exemption under Notification No. 66/1982. The Assista…

A Division Bench of the Madhya Pradesh High Court held that the State could not reduce the minimum qualifying marks in General English for admission to medical and dental colleges to create seats for SC/ST candidates. The State of Madhya Pradesh filed Special Leave Petitions challenging that order. The Supreme Court, r…

The Hyderabad Telecom District was merged with the Andhra Pradesh Telecom Circle in 1986, and a common seniority list was issued for all officials. The Chief General Manager rotated Junior Telecom Officers, transferring the respondents from Hyderabad to the Telangana District. The Central Administrative Tribunal set as…

The Supreme Court examined petitions by the State of Madhya Pradesh and the Union of India challenging a 1991 notification that raised royalty rates on coal under Section 9(3) of the Mines and Minerals (Regulation and Development) Act, 1957. The petitioners argued that Section 9(3) was an unconstitutional delegation of…