Judgments of 1996

Three senior lecturers (Dr. Mahak Singh, Dr. S.P. Singh and Dr. Rajvir Singh) of a college affiliated to Meerut University contested who should be appointed Acting Principal after the principal’s vacancy in October 1993. All were senior lecturers drawing the same salary, but their dates of promotion to senior lecturer …

Krishan Bhandari, originally appointed as a temporary Science Master in the Union Territory of Chandigarh, was later transferred to the post of Science Supervisor on his own pay scale and later confirmed as a Science Master. He claimed that, because he performed the same duties as a District Science Supervisor in Punja…

The Bihar Public Service Commission (BPSC) introduced a system of centralised evaluation of answer books for the 38th Combined Competitive Examination, a decision taken by the Chairman and a majority of members on 18 September 1993. The High Court set aside this decision, holding that the process of adopting centralise…

Indian Farmers Fertiliser Co‑operative Ltd., a urea manufacturer, obtained raw naphtha at a concessional excise rate to produce ammonia. The ammonia was used not only in the urea plant but also in off‑site facilities – water‑treatment, steam‑generation, inert‑gas generation and effluent‑treatment plants – which the app…

Satish Mehra appealed against the Delhi Sessions Court’s decision to frame charges under IPC sections 354 and 376 read with 511 for alleged incestuous sexual abuse of his daughter Nikita. The allegations originated from a complaint filed by his estranged wife Anita Mehra, who had previously made a false accusation in t…

Decorative Laminates (India) Pvt Ltd processes commercial plywood by applying phenol‑formaldehyde resin under heat and pressure and coating it with wire mesh to produce slip‑proof plywood. The Assistant Collector of Central Excise held that the finished product is a different commodity and liable to excise duty under C…

The Supreme Court considered a civil appeal by the Central Bank of India against a High Court order that granted re‑employment relief to a group of workmen who had been retrenched between 1974 and 1976. The workmen filed a writ petition in 1982 invoking Section 25‑H of the Industrial Disputes Act, 1947, seeking prefere…

The appellants, private stage‑carriage operators, held temporary permits to ply a town‑service route (Chandragiri‑Renigunta via Tirupati) and relied on a government memorandum stating that town‑service routes could extend up to 8 km beyond municipal limits. The respondents, the Regional Transport Authority, contended t…

Surjit Singh, a Deputy Superintendent of Police, underwent emergency bypass surgery in London while on leave and claimed Rs 3 lakh reimbursement. The State of Punjab initially refused, later paying Rs 40,000 based on AIIMS rates. Singh appealed, seeking reimbursement at the higher rates of Escorts Heart Institute, a ho…

The appellant bank promoted the respondent officer to MMG Scale II on the condition that he serve two years in a rural branch, and barred any officer who refused such posting from promotion for two years. The respondent refused the rural posting in 1990, later cancelled a subsequent posting in 1992, and applied for pro…

The Supreme Court considered a petition by U.P. Jal Nigam challenging the view that downgrading entries in an employee's annual confidential report (ACR) are adverse entries requiring mandatory communication and a representation under service rules. The High Court had held that any reduction in the rating, even without…

The appellant, U.P. Jal Nigam, challenged the promotion of a Junior Engineer, N.K. Agarwal, who claimed entitlement to promotion under the 25% quota and a 5% graduate quota prescribed in the U.P. Jal Nigam Engineers (Public Health Branch) Service Regulations, 1978. Agarwal, a graduate with ten years of service, was not…

The Supreme Court entertained a public‑interest writ petition filed by environmental activist M.C. Mehta alleging that emissions from coke/coal‑using industries in the Taj Trapezium Zone (TTZ) were causing severe atmospheric pollution and damaging the Taj Mahal. Expert reports (NEERI, Varadharajan Committee) establishe…

Mis J.B. Boda & Co. Pvt. Ltd., a reinsurance broker, received a commission in US dollars after deducting its fee from the gross reinsurance premium it remitted to foreign reinsurers with RBI approval. The company claimed that the retained commission constituted "income received in convertible foreign exchange" under Se…

Purnendu Chakrobarty, a senior employee of Hindustan Paper Corporation, was charged in a murder case and repeatedly applied for leave without proper sanction or medical certificates, resulting in unauthorised absence for more than eight consecutive days. The corporation invoked Rule 23(vi)(E) of its Conduct, Discipline…

The Karnataka Service Commission recruited teachers before 17 November 1993, appointing candidates in excess of the 50% reservation for backward classes and weaker sections. The appointments were challenged on 15 June 1995, more than a year after the selections were made. The Karnataka Administrative Tribunal held that…

The assessee company had advanced a loan to a firm whose partners were also its shareholders and directors. Interest was charged on the loan in the 1966-67 and 1967-68 assessment years, establishing it as an interest‑bearing loan. For the 1968-69 assessment year the company passed a resolution before the end of its acc…

The respondent, an extra‑departmental postal agent, was charged under Rule 8 of the Post and Telegraph Extra Departmental Agents (Conduct and Services) Rules, 1964 for temporary absence from duty and was removed from service after departmental enquiry. The Central Administrative Tribunal, after several remittances and …

The Uttar Pradesh State Roadways Transport Corporation (appellant) challenged the Allahabad High Court’s order directing the Regional Transport Authority to grant temporary permits to private operators for a new route carved out by merging two notified routes (Bulandshahr‑Delhi and Shahdara‑Saharanpur) and to lift the …

The Punjab Public Service Commission advertised 21 Dental Officer posts requiring a B.D.S. degree and stating a preference for higher dental qualifications. Dr. Anita Puri, holding an M.D.S., filed a writ petition claiming that the preference clause entitled her to be selected, and the Punjab & Haryana High Court allow…

The plaintiffs, Whirlpool Corporation and its Indian joint‑venture TVS Whirlpool Ltd., claimed prior use and trans‑border reputation of the word mark "Whirlpool" and alleged that the defendants, trustees of Chinar Trust and related entities, had obtained a registration for the same mark in 1992 on the basis of proposed…

The wife filed a complaint under Section 494 of the Indian Penal Code alleging bigamy by her husband, who claimed he had married a second time after ten years of desertion. The trial magistrate acquitted the husband, finding no evidence that a second Hindu marriage had been solemnized according to the tests laid down i…

Abdur Rahman & Ors appealed to the Supreme Court against a Karnataka High Court order that dismissed their appeal under Order 41 Rule 17 of the CPC because their counsel was absent. While dismissing the appeal, the High Court also examined the merits of the case and concluded that there was no ground for interfering wi…

The case concerned the interpretation of Tamil Nadu Ministerial Service Rules and special rules under G.O.Ms. No. 3134 regarding promotion of Assistants to Superintendents in the Urban Land Tax Department. The respondents argued that all city‑based units (Board of Revenue, Assistant Commissioner’s office, etc.) formed …

Three police officers, including the petitioners, led a peaceful procession after duty hours to present a grievance about inadequate accommodation to the Superintendent of Police, in violation of a prohibitory order. They were dismissed from service under Rule 16(2) of the Punjab Police Rules for alleged grave miscondu…

Steel Authority of India Ltd. (SAIL) used raw naphtha in its fertilizer plant and claimed the concessional excise duty under Exemption Notification No. 187 of 1961, which required proof that the naphtha was intended for fertilizer manufacture. The Revenue argued that a substantial quantity of the naphtha was not actual…

The petitioners challenged a High Court order directing them to file an election petition within three weeks of the writ petition's disposal and to have the Election Tribunal decide the matter without considering the statutory limitation of 30 days prescribed under Rule 3 of the Andhra Pradesh Panchayat Raj (Election T…

The petitioners, sons of a deceased plaintiff, applied to be added as parties to a specific performance suit after their father's name was deleted following his death. They alleged that the relinquishment deed signed by their father was forged and that being excluded would prejudice their rights. The trial court held t…

The petitioner obtained an injunction from a civil court restraining the respondent from constructing a building that allegedly infringed his easement of air and light. The respondent filed a writ petition under Article 226 against the Municipal Corporation, claiming the construction was authorized, and the High Court …

The appellant, Sm. Bhatori, executed a general power of attorney in favour of respondent‑2, granting him authority to manage her agricultural land, including alienation. Respondent‑2 used this authority to file a suit against the appellant and subsequently executed sale deeds transferring the same land to his wife, Ram…

The State of Haryana issued a notification under the Land Acquisition Act, 1894 and the Collector awarded compensation for acquired land. The respondents applied under Section 18 and a District Judge awarded compensation, after which the State executed the decree. The executing District Judge later awarded additional c…

Acharya Swami Ganesh Dassji entered into a contract on 27 February 1975 to purchase a 500‑sq‑yd plot in Delhi from Sita Ram Thapar, with the agreement that the draft sale deed be finalised and registered within seven days, making time of the essence. The seller required cash payment for the purchase, and the buyer sent…

The petitioners claimed ownership of 4,922 square yards of land (Survey No. 202) in Lallaguda, Secunderabad and obtained injunction orders under sections 145 and 146 of the Code of Criminal Procedure. They alleged that the police were not providing assistance despite the injunctions. The Andhra Pradesh High Court quash…

The Supreme Court heard an appeal by the Assam Madhyamik Sikshak Aru Karmachari Sanstha challenging Section 4(3) of the Assam Secondary Education (Provincialisation) Act, 1977, which mandated retirement of teachers at age 58 unless they opted for a pension or CPF scheme. The appellants argued that, in the absence of ru…

The heirs of Vrajlal J. Ganatra filed a suit seeking a declaration that they were the real owners of a property despite a sale deed showing Parshottam S. Shah as the vendee, alleging the deed was a security for a loan and that the land would be reconveyed upon repayment. The trial court dismissed the suit for lack of p…

Oswal Agro Furane Ltd., a 100% export‑oriented unit licensed to manufacture furfural and edible rice bran oil, sought to export non‑basmati rice and to sell the rice bran oil in the domestic market, invoking Clause 15(j) of the Export (Control) Order, 1988 as a blanket exemption. The Delhi High Court allowed these expo…

Three medical officers were appointed on an ad‑hoc basis by Hindustan Shipyard Ltd. and later sought regularisation and parity pay. The Andhra Pradesh High Court directed that they be regularised with effect from 1 April 1986 and that they receive regular pay scales. On appeal, the Supreme Court held that regularisatio…

The petitioners alleged that the CBI and other government agencies had failed to investigate thoroughly the hawala transactions uncovered during raids, which implicated politicians, bureaucrats and criminals. They sought the Supreme Court’s intervention under Article 32 to compel the agencies to conduct a full, imparti…

The respondents filed eviction suits against tenant Harkesh Rai Agarwal in 1975, both of which were dismissed, after which a compromise decree was entered on 26 Nov 1981 whereby Harkesh Rai agreed to surrender a room now occupied by the appellant, Ram Chandra Verma. When execution of the decree was sought, the appellan…

The case concerned property bequeathed by Somasundram Pillai in 1950 to his wife Sellathachi and his cousin's widow Janakathachi as maintenance. After the testator's death the widows possessed the land, but a power of attorney later alienated it, prompting a suit to declare the alienations illegal. The question before …

The appellant, selected as an Assistant Station Master, argued that his seniority over two respondents should be based on his earlier completion of training, invoking Rule 303(1)(a) of the Railway Establishment Code which he said mandates seniority from the date of training completion. The respondents, however, were ra…

The respondent, a conductor employed in the Baripada zone of the Orissa State Road Transport Corporation, was dismissed for misconduct while an industrial dispute involving an employee in the Bhadrak zone was pending before the Industrial Tribunal. The respondent sought relief under Section 33(1)(a) of the Industrial D…

The respondents purchased a schedule property in execution of a decree and were issued a sale certificate and possession. They later assigned the property to the plaintiff and sought a perpetual injunction to prevent the appellant from interfering with possession. The trial and appellate courts had accepted the appella…

The appellant redeemed a possessory mortgage on item 6 of the schedule property and, by operation of subrogation, stepped into the shoes of the mortgagee. The respondents, who were co‑mortgagors, did not redeem the mortgage within the statutory 30‑year period, leading the trial and district courts to hold that the appe…

The Supreme Court examined whether the Tamil Nadu Government could prepare a supplementary promotion list after an annual list had been prepared, despite no vacancies existing on the prescribed date, when new posts were later created due to administrative reorganisation. It held that the Rules do not strip the Governme…

The State of West Bengal granted a 999‑year lease of a plot in Salt Lake to Tapan Kumar Mullick, who later bequeathed the leasehold interest to a stranger, K.C. Kapur, by will. After Mullick's death, Kapur obtained probate and applied to have his name entered as lessee, which the High Court ordered despite the Governme…

The appellants, the widow and daughter of the deceased Atma Singh, challenged a registered will that left all of his property to his sister (the first respondent) and subsequent sale deeds that transferred land to the sister's son. The trial court found numerous suspicious circumstances—such as questionable thumb impre…

The petitioners filed a suit for settlement of accounts and a declaration that they were entitled to recover damages under a contract dated May 12, 1983. They later applied, under Order VI Rule 17 of the CPC, to amend the plaint to convert the suit into a damages suit by quantifying the claimed amount. The trial court …

The All India Institute of Medical Sciences Employees Union filed a complaint against Dr. S.K. Kacker alleging an offence under Section 409 of the IPC. The police took no action, and the Union approached the Delhi High Court under Article 226 seeking a mandamus directing the CBI to investigate. The High Court refused t…

Mis Motors and Investments Ltd. had purchased 44 acres of land at a court auction for Rs 77,500 after no other bids were received. The land belonged to insolvent respondents whose interest vested in the official assignee, who was directed to sell the property. On appeal, other respondents offered substantially higher s…

The State of Rajasthan promoted thirteen officers under Rule 28‑B of the Rajasthan Administrative Service Rules, 1954, nine on seniority‑cum‑merit and four on merit. Sriram Verma, a senior officer, claimed his junior Ashok Kumar Sanvaria was promoted over him and appealed to the Rajasthan Civil Services Appellate Tribu…

The appellant and several respondents were partners in an unregistered partnership firm and a suit for dissolution and accounts was filed by one partner. The partnership deed contained an arbitration clause, leading the appellant to obtain a stay of the suit under Section 34 of the Arbitration Act and to file a petitio…

The Management of Heavy Engineering Corporation appointed a doctor on an ad‑hoc six‑month contract to run a first‑aid post in shifts, supervising a male nurse, attendant, sweeper and ambulance driver. Upon completion of the contract the corporation terminated his services without giving the one‑month notice or compensa…

C.T. Ltd. and another, engaged in the tea trade, entered into a contract with the State Trading Corporation (STC) to supply unblended Assam tea to an Iranian buyer. To fulfil this contract they purchased tea from auction brokers. The sales tax authorities demanded payment of sales tax on these purchases. The appellants…

The Supreme Court examined an appeal by four men convicted for the murder of Gurbachan Singh and assault on his family. The appellants claimed they acted in private defence, alleging the incident occurred on the ground floor of their house where they were the victims. Evidence showed the assault took place on the first…

The Supreme Court considered an appeal by Shree Baidyanath Ayurved Bhandan Pvt. Ltd. against the State of Bihar, which had refused to refund taxes collected on certain ayurvedic preparations that the Court had earlier held to be illegal under the Excise Acts. The appellant had applied for refund in 1962, but the State …

The writ petitioners, traders in a market, claimed that the Krishi Utpadan Mandi Samiti was not providing any services and therefore could not charge a market fee. The Mandi Samiti counter‑claimed that it rendered several services such as electricity, water, sanitation, tents, and was planning further infrastructure, j…

Shri Maruti Shripati Dubal, a police constable, suffered a head injury in a 1981 road accident and was subsequently diagnosed with schizophrenia. He attempted self‑immolation on 27 April 1985 and was charged under Section 309 of the Indian Penal Code. While the case was pending, he challenged the constitutional validit…

The accused were convicted of murder under Sections 302, 148 and 149 of the IPC for chasing and assaulting the deceased, an act witnessed by three eye‑witnesses. The appellants challenged the conviction on several grounds, chiefly that the First Information Report (FIR) was not promptly lodged, that the copy of the FIR…

In a suit for perpetual injunction, the appellants sought to restrain Smt. Venkata Subbamma (deceased) from alienating property granted to her under a 1969 compromise decree in a partition suit. After her death, the respondents, as legal representatives, claimed that Subbamma had executed a will in their favour, but th…

Thimmappa (appellant) had executed two sale deeds transferring a property to Siddaramakka (respondent) and a reconveyance agreement dated July 20, 1968, stipulating that if the respondent repaid Rs.5,000 within eight years, she could have the sale deed executed in her favour. The respondent offered payment in June 1976…

The appellant, a temporary employee of the Tamil Nadu Public Service Commission in 1975‑76, was later regularised as a Junior Assistant in the Finance Department in August 1990, subject to passing a Tamil language test. She had passed the test in 1977 while serving temporarily, but was required to retake it after regul…

The appellant, a direct recruit Deputy Collector in Madhya Pradesh, joined service on 15‑02‑1967 and was placed on probation. He passed the prescribed departmental test on 27‑06‑1972 and was confirmed on 13‑03‑1973. He claimed that his seniority should be backdated to his date of joining, but the State Administrative T…

The appellant, a permanent Lower Division Clerk in the Technical Education Department of Rajasthan, was deputed to a tenure post in the Transport Department and later repatriated to his parent department. He challenged the repatriation, alleging that his lien in the parent department had been suspended and that he shou…

The case concerned the regularisation and remuneration of approximately 3,647 daily‑wage/casual workers employed by the Chandigarh Administration. The Central Administrative Tribunal had directed that these workers be paid full Dearness Allowance (DA), House Rent Allowance (HRA) and City Compensatory Allowance (CCA), w…

Attiq‑ur‑Rehman filed a civil suit to restrain the Municipal Corporation of Delhi from demolishing alleged unauthorised construction on his property. The corporation later lodged a criminal complaint under sections 332 and 461 of the Delhi Municipal Corporation Act in the Court of a Metropolitan Magistrate, even though…

The widowed wife and daughter of Captain Rama Kant Dixit, who died in a road accident when his scooter was struck by a truck, filed a claim under Section 110A of the Motor Vehicles Act, 1939 seeking compensation. The Motor Accidents Claim Tribunal reduced the award by 75% on the ground of alleged contributory negligenc…

The appellant, a constable in the Maharashtra Prohibition and Excise Department, was rejected for promotion to Sub‑Inspector in 1966 because his chest measurement fell short of the standard prescribed in the Bombay Prohibition and Excise Department Rules, 1958. He was later promoted in 1970 and contended that his promo…

The Supreme Court considered two questions raised by Bombay Dyeing & Manufacturing Co. Ltd.: (1) whether professional fees paid to solicitors for the amalgamation of Nawrosjee Wadia Ginning & Pressing Co. could be treated as revenue expenditure under the Income Tax Act, and (2) whether a contribution of Rs. 2,25,000 to…

The respondents filed a private criminal complaint alleging that the appellants forged an agreement and signatures to claim possession of property, invoking offences under IPC sections 420, 467, 468, 471 and 120B. The magistrate took cognizance of the complaint on 27 September 1983. The appellants later filed a civil s…

The petition under Article 32 challenged the selection of three advocates—Mohinder Singh Suller, S.K. Sardana and Nawab Singh—as Additional District and Sessions Judges in Haryana, alleging that the High Court had no definite selection procedure and that one appointee was the son‑in‑law of a sitting judge, raising conc…

The assessee, a partnership firm of three partners, lost one partner on 12 January 1974. The partnership deed did not contain a clause allowing the firm to continue after a partner's death, so under Section 42 of the Partnership Act the firm dissolved on that date. The surviving partners formed a new partnership deed t…

Raghbir Singh was caught with opium during a police raid and was offered the choice of being searched by the police officer or before a Gazetted Officer; he chose the latter and the search yielded the contraband. He was convicted under Section 18 of the NDPS Act and sentenced to ten years' rigorous imprisonment. On app…

The respondents filed a suit in 1978 to recover possession of land based on a 1924 declaratory decree that arose from a customary right to contest alienation under the Punjab Custom (Power to Contest) Act, 1921. The appellants, who had purchased the land, challenged the decree, arguing that the 1973 Amendment Act had a…

The petitioner, Satish Kumar, challenged his appointment as Pumpset Operator by the Jalandhar Improvement Trust, claiming entitlement to equal pay under Article 39(d) and Article 14 of the Constitution. He argued that despite lacking the minimum qualification prescribed for the post, he performed the same duties as qua…

In December 1989, the deceased Rati Ram was attacked by two accused who struck him with musals on the head and body, causing multiple injuries. He died five days later from septicaemia that the autopsy report linked to the head injury, which was deemed sufficient to cause death in the ordinary course of nature. The tri…

Malkiat Singh, a police constable appointed on 20 April 1990, was discharged on 22 July 1992 on the grounds of prolonged absence and alleged irregular attendance, which the authorities claimed demonstrated his inefficiency. The record showed three instances of absence: a six‑hour tardiness on 10 September 1990, a night…

The petitioners, who were employees of urban local bodies, filed a writ petition seeking equal pay on par with Medical Officers at a scale of Rs. 2200‑4000 and arrears dating back to 1986. The Anomaly Committee had recommended that such employees be placed on the said pay scale, effective from 7 November 1994, and the …

Karam Singh, a Punjab police constable, was convicted under IPC Section 323 and released on probation, while being acquitted of murder (Sec. 302) and grievous hurt (Sec. 324). He applied for reinstatement, but the police authorities rejected his request under Rule 16.2(2) of the Punjab Police Rules. The Punjab & Haryan…

The appellant, appointed as a Junior Laboratory Technician on 3 May 1979, voluntarily transferred to the post of First Divisional Assistant on 28 October 1986 within the same department. He sought an advance increment under Karnataka Civil Services (Time Bound Advancement) Rules, 1983, which is granted after ten years …

The eldest male member of a joint Hindu family, acting as Karta, together with two widows who were also guardians of their minor sons, executed a sale deed of family lands. The plaintiffs, members of the same family, challenged the sale alleging fraud and contended that the Karta lacked authority because Section 8 of t…

Anuj Kumar Dey enlisted in the Indian Navy as an Artificer Apprentice on 12 August 1971, took the oath of allegiance, and underwent four years of training before being promoted to Electrical Artificer in August 1975. After his release on 31 January 1988, the Navy denied him pension benefits on the ground that the train…

The State of Madhya Pradesh appealed against a series of interim orders passed by the High Court in a writ petition filed by M.V. Vyavsayand Co., the highest bidder for liquor licences, which had allegedly defaulted on contractual and statutory obligations. The High Court, despite being informed that the case involved …

Pedda Chennaiah executed a will in 1947 bequeathing all his properties to his wife Laxmamma with a life‑interest and reserving the remainder to the sons of his wife's sister. After the Hindu Succession Act, 1956 came into force, the Court held that Laxmamma's limited right matured into an absolute ownership under Secti…

The dispute concerned a property in Calcutta originally owned jointly by brothers Haridas and Gunendra. Haridas mortgaged his share to Rabindra Nath Bose, who eventually purchased it after a foreclosure suit. A preliminary decree dated 17 December 1931 in a partition suit against Bose severed the joint family status of…

The Supreme Court examined whether a member of a joint family who, by partition, undertook to discharge a government loan taken by another family member, qualifies as a "defaulter" under Section 5 of the Andhra Pradesh Revenue Recovery Act, 1894. The joint family property had been hypothecated to secure the loan, and t…

Sovrin Knit Works and other establishments, covered under the Employees' State Insurance Act, 1948, failed to pay the statutory contribution for the year 1980-81. The Employees' State Insurance Corporation (ESIC) issued a notice on 31 December 1982 demanding damages and interest for the delayed payment, which the appel…

Nawab Sir Mohammad Yusuf executed a wakfnama on 5 April 1956, dedicating his properties as a waqf and appointing himself as Mutawalli, with his nephew Syed Shah Hashmi as successor. After his death, his widow Smt. Zubeda Begum sued for cancellation of the wakfnama and possession of the properties, claiming a one‑fourth…

The petitioner was appointed on probation on 15 January 1990 with a clause allowing termination without assigning any reason during the probation period. He was terminated on 16 January 1991 on the ground that his work performance was unsatisfactory and he was regularly absent. The petitioner challenged the termination…

Ninge Gowda filed a suit for declaration of title and injunction, claiming that the land in dispute was ancestral property that had been partitioned among his father and his father's brothers before 1936, and subsequently partitioned again in 1936 between Ninge Gowda and his brothers, with a mutation in the revenue rec…

The plaintiffs, sons of Gulab Singh, claimed a two‑thirds share in ancestral land and filed a suit in 1962 which was later allowed on appeal. They filed another suit in 1964 for possession, which they withdrew in 1971 with liberty to file a fresh suit. In 1990 they instituted a fresh suit, but the trial court held it b…

The Supreme Court entertained a public‑interest writ under Article 32 filed by the Vellore Citizens Welfare Forum alleging that tanneries in five districts of Tamil Nadu were discharging untreated effluents, contaminating surface and groundwater, rendering 35,000 hectares of agricultural land unfit for cultivation and …

The appellants, G. Vijayavardhan Rao and another, were convicted of setting fire to a passenger bus, killing 23 people and injuring many, with the motive of robbery. They poured petrol into the bus, ignited it, and robbed passengers of cash, a wristwatch and clothing, as evidenced by recovered items and witness testimo…

J.K. Synthetics Ltd filed a refund claim that was rejected, appealed and the appeal was allowed by the Collector (Customs). The Collector of Central Excise then appealed before the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT). At the hearing on 31 August 1987 the appellant was absent, and CEGAT heard t…

Mahesh was charged with the murder of Krishna Kumar after a dispute over grazing cattle in a field. The deceased and two other labourers asked Mahesh to remove his cattle, leading to an altercation in which Mahesh struck Krishna Kumar once on the head with a pharsa, causing instant death. The trial court, after evaluat…

Anand Singh Bisht, a Naik in the Border Security Force, was convicted under the BSF Act and IPC section 307 for injuring a cadet and sentenced to one year of rigorous imprisonment. He had already spent about a year in pre‑trial detention and sought release by invoking Section 428 of the Code of Criminal Procedure, whic…

The Supreme Court considered an appeal by Sri Saunu against the Collector’s award of compensation for 221 bighas of land acquired under the Land Acquisition Act, 1894 for the Beas‑Sutlej Link Project. The Land Acquisition Officer had fixed compensation between Rs 2,000 and Rs 5,000 per bigha, which was confirmed by the…

The Supreme Court examined an appeal by Santosh Kumar and others against the Punjab & Haryana High Court’s enhancement of compensation for land acquired under Section 4(1) of the Land Acquisition Act, 1894 for housing development in Panipat. The Land Acquisition Officer had fixed compensation per acre, which was later …

Mohammed Khan sold a two‑acre parcel of land in Shimoga to P.G. Eshwarappa after the tenant, Channabasappa (father of the respondents), refused to purchase it. Channabasappa sued for declaration of title and possession, obtaining a decree in 1959 that forfeited his tenancy. The appellant took possession in 1967, and th…

The Supreme Court considered an appeal by Poshetty and others against the State of Andhra Pradesh concerning the Land Acquisition Act, 1894. The issue was whether serving a notice of award under Section 11, together with its enclosure, is a pre‑condition under Section 12(2) for the limitation period prescribed in the p…

The assessee, Narang Dairy Products, was granted a development rebate under Section 33(1)(a) of the Income Tax Act for its entire machinery in AY 1965-66. Subsequently, part of the machinery was sold and the remaining plant was leased to Hindustan Lever Ltd for three years, within the eight‑year period prescribed by Se…

The Reserve Bank of India (RBI) provided canteen facilities for its Class III and IV employees through three arrangements – an Implementation Committee, co‑operative societies and contractors – but had no statutory duty to run these canteens. The Central Government Industrial Tribunal held that 166 canteen workers were…

Phoolan Devi surrendered in Madhya Pradesh in 1983 and was released on parole after serving eleven years of custody. She filed a writ petition under Article 32 seeking her release and the quashing of about 55 criminal prosecutions pending in Uttar Pradesh, alleging violation of her Article 21 right to a speedy trial an…

Charan Singh, a Scheduled Caste member, was granted a ten‑year lease of uncultivable waste land under the Nazool Land Rules, 1956, which he reclaimed, cultivated and equipped with a tube‑well. After the lease expired in 1972 he remained in possession, but the Government initiated eviction proceedings which were upheld …

The petitioners, non‑provincialised employees of municipal committees, challenged a government pension scheme that was introduced on 1 April 1990 for All India Gazetted and Punjab Civil Services officers and later extended to non‑provincialised staff on 28 July 1994. They argued that the cut‑off date excluded retirees …

Goodyear India Ltd, an employer covered by the Employees' State Insurance Act, was served a demand on 1 December 1982 to pay contributions for the periods 28 January 1968 to 31 October 1979 (Bangalore) and 28 January 1968 to 31 August 1979 (Indore). The company contended that the establishments were not covered by the …

The appellant, Walter Louis Franklin, purchased plot No. 15/45 from a church in 1937 and had been in possession, using it for poultry farming and occasional sleeping. He filed a suit for perpetual injunction under Section 38 of the Specific Relief Act, 1963, to restrain the respondent, George Singh, from interfering wi…

In a rent‑control dispute, the Supreme Court dismissed the respondent's appeal and granted him time until 31 March 1995 to vacate the suit premises, subject to filing an undertaking. The respondent neither filed the undertaking nor vacated the premises, and filed false affidavits claiming he had handed over possession …

The State of Rajasthan initiated disciplinary proceedings against IAS officer B.K. Meena for alleged misappropriation of Rs 1.05 crore, while a criminal case under the Prevention of Corruption Act, 1988 was also filed. The Central Administrative Tribunal (CAT) stayed the disciplinary enquiry pending the criminal trial,…

The husband obtained an ex‑parte decree of divorce and subsequently died. The wife (appellant) filed an application under Order IX Rule 13 of the Code of Civil Procedure to set aside the decree, asserting that it affected her marital status and property rights. The trial court dismissed the application, holding that di…

Rameshwarlal, a former employee of the Municipal Council, Tonk, claimed arrears of salary for the period September 10, 1987 to August 18, 1988. He filed a writ petition under Article 226 of the Constitution in the Rajasthan High Court in February 1990, which was dismissed on the ground that the claim was civil in natur…

The Bihar State Electricity Board, facing losses from electricity theft and defective meters, issued a notification under Sections 46 and 49 of the Electricity (Supply) Act, 1948 to bill industrial consumers at prescribed load factors. Consumers challenged the notification, arguing it conflicted with the terms of their…

The Supreme Court examined whether a parcel of land situated on Mount Road, Madras, which had been used for raising bananas and vegetables, qualified as "agricultural land" under the Income Tax Act, 1961 and thus could be exempt from capital gains tax. The assessee argued that the land was agricultural and therefore no…

Pattu Lal was convicted of murdering his wife Chameli Devi under Section 302 IPC. The prosecution’s case rested on the deposition of the investigating officer that the son, Bishan Dial, lodged the FIR and produced his father with blood‑stained clothes and the weapon (toka) at the police station. Bishan later turned hos…

The Regional Provident Fund Commissioner issued a notice under Section 7B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 to Shillong City Bus Syndicate for failure to pay EPF contributions for Jan‑Sept 1972. The syndicate contended that the Act did not apply to the Khasi Hills Autonomous Distr…

The case concerned ex‑servicemen re‑employed by the Life Insurance Corporation (LIC) of India who were appointed after 1 January 1988. LIC had issued instructions on 2 June 1989 prescribing how their salaries should be fixed, including a notional fitment provision in paragraph 3.8 that was intended only for ex‑servicem…

A Selection Committee was constituted to select officers of the Bihar Administrative Service for promotion to the Indian Administrative Service. The Committee considered 264 officers, including those above the age of 54 under the provisos of Regulation 5(3), and prepared a list of 51 suitable candidates. The Central Ad…

The respondent, S.K. Sharma, a bank manager, was charged with temporary misappropriation of a loan amount and was removed from service after a departmental enquiry. The enquiry officer relied on statements of witnesses, but the respondent was not supplied copies of those statements nor of certain documents as required …

The appellant, an employee of Allahabad Bank, was disciplined and his pay scale was reduced. The Executive Director, who was temporarily holding charge of the Chairman and Managing Director posts, reviewed the penalty under Regulation 18 and enhanced it, reducing the appellant further. The appellant challenged the orde…

The respondent, K.V. Vijeesh, was placed at rank 172 in the select list for Diesel Assistant vacancies of the Southern Railways but was not appointed while lower‑ranked candidates were. He approached the Central Administrative Tribunal, which directed the Railways to consider him for any existing or future vacancy. The…

The petitioners, children of deceased employees, were initially appointed on compassionate grounds and later regularized, after which they were promoted to Junior Assistant. A show‑cause notice was issued ordering their reversion because they had only about three years of service in the last grade, whereas promotion to…

The appellants' land was acquired by the State of Rajasthan under Section 52 of the Rajasthan Urban Improvement Act, 1959, and vested in the State upon publication of a notification in 1984. After this vesting, the Central Land Acquisition Act, 1894 was extended to Rajasthan and the State amended its own Act in 1987 an…

The deceased Guddi, wife of the accused Kishore, suffered 80 % burns after kerosene was poured on her and she later died. Three dying declarations were recorded – one in the FIR, one under Section 161 of the Cr.P.C., and a judicial‑magistrate’s statement (Ex P‑8). The Sessions Court convicted Kishore under Section 302 …

The petitioner, great‑grandson of Mahatma Gandhi, learned that an urn allegedly containing Gandhi's ashes was kept in a safe‑deposit locker of the State Bank of India, Cuttack, deposited in 1950 by the then Secretary to the Chief Minister of Orissa. After repeated requests to the Orissa government and the bank for rele…

The Sikkim State Civil Service Rules, 1977 required recruitment either by competitive examination or selection of existing gazetted officers, with the Public Service Commission (PSC) as the appointing authority. Because the PSC was not constituted until 1982, the State Government, invoking Rule 4(3), held a written‑exa…

The Collector of Central Excise issued a demand that Banswara Syntex Ltd. pay excise duty on single‑ply yarn used for doubling or multifolding, alleging short payment. The company argued that duty should be payable only after the yarn was doubled, contending that the process did not create a new product and that waste …

Bhagwan V. Lahane was appointed Sub‑Inspector in 1976 with his date of birth recorded as 12 Nov 1948 based on the school‑leaving certificate he submitted at entry. In 1982 he claimed his correct birth date was 6 June 1951 and applied for correction under Rule 36 of the Maharashtra Civil Services (General Conditions of …

The respondents, appointed as Junior Basic Teachers, later obtained B.T./E.Ed. qualifications and claimed entitlement to higher pay scales based on a 1957 Punjab circular. The High Court allowed their claim, but the State appealed, citing the Government of Haryana's policy instruction dated 9 March 1990, which stated t…

The Supreme Court heard an appeal by special leave against the Andhra Pradesh High Court’s order remanding a compensation dispute for 71 acres of agricultural land acquired for the National Thermal Power Corporation. The Land Acquisition Officer had initially awarded Rs 4,000 and Rs 4,500 per acre for two groups of lan…

The Supreme Court heard an appeal by Tehri Hydro Development Corporation against a decree of the Allahabad High Court that reduced compensation for land acquired under the Land Acquisition Act, 1894 and awarded separate compensation for buildings, factories and machinery. The issue was whether the claimants were entitl…

The Commissioner invited tenders for supply of country‑made liquor in Uttar Pradesh for 1996‑97 and on 27 Feb 1996 allotted the districts of Saharanpur and Haridwar to Co‑operative Distillery Co. Ltd. (the third respondent). On 27 Mar 1996 the Commissioner revoked that allotment and re‑allotted Haridwar to Sir Shadial …

Paramjit and Inderjit assaulted Rambhaj after he reprimanded Paramjit for indecent remarks, inflicting fatal knife wounds. The victim gave a dying declaration describing the assault, which was corroborated by an eyewitness (PW5) and medical evidence showing the injuries were sufficient to cause death. The trial court c…

Escorts Farms (Ramgarh) Ltd., a private limited company, sold shares it had purchased after 1954 and claimed capital gains by treating the actual purchase price of the original shares as the cost of acquisition, ignoring the effect of subsequently issued bonus shares. The Income‑Tax Officer, the Appellate Assistant Com…

The case arose from a brawl on 1‑2 July 1988 between Sambasiva Rao (second accused) and Suryanarayana Rao (PW‑1) over a dog. The next night Sambasiva Rao, his father (first accused) and a relative (third accused) went to PW‑1’s house, assaulted PW‑1, his wife and others. The deceased, Srinivasa Rao, intervened; while t…

The widow Smt. Phoola was allotted land in 1932 as part of a family compromise for her maintenance and her name was entered in revenue records. She later sold the land in 1956 to the respondents, but other members of the Hindu Undivided Family challenged the sale, claiming she only held a limited interest under Section…

The appellant's grandfather bought a house in the appellant's name but later sold it to the appellant's step‑mother. The appellant sued for a permanent injunction to prevent his father and step‑mother from interfering with his possession, but the suit and subsequent appeals were dismissed. On appeal, the appellant offe…

The appeal filed by I.T.C. Limited challenged the Customs, Excise and Gold (Control) Appellate Tribunal's decision to uphold a notification issued by the Central Excise authorities. The appellant contended that the notification was not operable because it was not published in the Official Gazette, despite being announc…

The petitioners, selected for promotion under a 25% internal quota, joined their posts in October 1990, while direct recruits under the same quota joined earlier in August 1990. The petitioners claimed that, because their selection process began earlier, they were entitled to seniority over the direct recruits. The Cen…

The Union of India acquired land in Delhi under the Land Acquisition Act, 1894 and awarded compensation, which was subsequently enhanced by the Land Acquisition Officer and the Additional District Judge. The High Court, relying on the 1984 Amendment Act, further enhanced the compensation by granting a 30% solatium and …

The landlord, Pralhad Lalchand Chavan, obtained permission from the Rent Controller under clause 13(3)(vi) of the Central Provinces and Berar Rent Control Order to terminate his tenant's lease on the ground of bona‑fide residence. After the permission became final, he served a notice under Section 106 of the Transfer o…

The Solapur MIDC Industries Association filed Special Leave Petitions challenging a notification under Section 3(3) of the Bombay Provincial Municipal Corporation Act, 1949 that brought their industrial estate within the limits of Solapur Municipal Corporation. The petitioners argued that the same industrial area was s…

The Supreme Court dealt with the inter‑se seniority of ad‑hoc doctors in the Uttar Pradesh Provincial Medical and Health Service after the State Government attempted to regularise them under the U.P. Regulation of Ad‑hoc Appointees Rules, 1979. The Court examined whether doctors who were not selected by the Public Serv…

The respondent, a Chief Engineer, had his date of birth in service records corrected from 30‑Nov‑1936 to 28‑Jun‑1938, prompting a complaint to the Lokayukta who, after a trial‑like inquiry, concluded the correct date was 30‑Nov‑1936 and recommended his retirement and recovery of salary. The State acted on the Lokayukta…

The case concerned the Pong Dam oustees displaced by the dam in Himachal Pradesh, who were to be resettled in Rajasthan under inter‑state agreements. Rajasthan amended its 1972 colonisation rules in 1992, extending the non‑transferability period from 20 to 25 years and introducing Rule 6‑A allowing re‑allocation of rev…

The case involved eleven accused who participated in a violent incident that resulted in the death of Dana Pitha. The trial court acquitted eight of them, convicting only three under Section 302 IPC, but the Gujarat High Court reversed the acquittals, finding that the accused formed an unlawful assembly with the common…

The appellant, Kirtikant Vadodaria, challenged a maintenance order granted to his step‑mother, Manjulaben, under Section 125(1)(d) of the Criminal Procedure Code. The trial court, sessions court and Gujarat High Court had held that a step‑mother could claim maintenance from her step‑son. The Supreme Court examined the …

Veecumsees, a jeweller, also operated a cinema theatre (Safire Theatre) for which it obtained loans in 1961. The theatre was built in 1962 and ran until it was sold as a going concern on 31 July 1965. The Income Tax Officer disallowed interest on those loans as a deduction under Sec. 36(1)(iii) of the Income Tax Act fo…

The appellants, C.S. Balan and others, applied to the Central Administrative Tribunal (CAT) seeking a declaration that they were entitled to promotion to Junior Telecommunication Officer effective December 1990, citing available vacancies in their quota. The CAT order merely noted the respondent's concession that the a…

The respondent, Mis. Jesus Sales Corporation, was licensed to import brass scrap under a duty‑exemption scheme and was required to export a specified quantity. A show‑cause notice under Section 4‑M of the Imports and Exports (Control) Act, 1947 led to a penalty of Rs 6 lakh. The respondent appealed the penalty and soug…

The Tirumala Tirupati Devasthanams (TTD) recruited attenders for 297 vacancies in 1991, considering 2,944 candidates from the Employment Exchange and 193 inmates/ex‑inmates of the Shri Venkateshwara Balamandir. After written tests and interviews, 53 of the 193 inmates/ex‑inmates were selected; the remaining applicants,…

A landlord and tenant dispute was taken to an executive magistrate under Section 144 of the CrPC, after which the landlord filed a writ petition under Article 226 of the Constitution in the High Court. The High Court, without notice or hearing, ordered the police to ensure the landlord’s ingress and egress, leading to …

The Supreme Court examined two dismissals of police Sub‑Inspectors, Ajay Manchanda and Kuldip Singh, effected under clause (b) of the second proviso to Article 311(2) of the Constitution without a departmental enquiry. In Manchanda's case, a Deputy Superintendent’s report concluded that the complainant and witnesses we…

In the 1991 Tamil Nadu Legislative Assembly election for the Chennaimahadevi constituency, the returned candidate (appellant) filed an election expense return showing Rs 36,350, admitting use of one vehicle (TN‑72‑1909) with Rs 15,875 expense but also acknowledging a second vehicle (TN‑555) whose expense was not disclo…

The respondents filed a suit seeking declaration of ownership and possession of land, alleging that a 1950 registered sale deed in their favour was forged. The trial court accepted the presumption of due execution under Section 90 of the Evidence Act based on a certified copy of the deed, but the appellate courts set a…

The petitioner, a Junior Scientific Officer in the Andhra Pradesh Institute of Preventive Medicine Service, claimed he met the qualifications for promotion to Senior Scientific Officer but was denied because Rule 4(b) of the service's ad‑hoc rules required a minimum of five years of post‑graduate experience in food ana…

The Bihar government took over Reghunandan Babula Kanya Middle School on 13 January 1981 under the Bihar Non‑Government Primary School (Taking Over Control) Act, 1976. Two teachers, Ramdeo Yadav and Raj Narain Yadav, who had been appointed as untrained teachers after 1 January 1971 and later completed the required trai…

The respondent applied for a flat under the Shimla Development Authority's Self‑Finance Scheme in 1986, paid an earnest deposit and was initially quoted a construction cost of Rs 1,44,000. In 1991 the Authority raised the cost to Rs 2,73,332 due to material price hikes and, after the District Judge enhanced the compens…

Vipin Chandra Hiralal Shah, a Gujarat Administrative Service officer, was omitted from the 1979 promotion list and thereafter no separate select lists were prepared for 1980‑85. In 1986‑87 a consolidated list covering vacancies from 1980‑86 was prepared, again excluding Shah. He challenged this before the Central Admin…

New Sharrock Mills terminated Badli workman Maheshbhai T. Rao after a departmental inquiry found him guilty of serious misconduct for abusing a senior officer. Rao challenged the discharge before the Labour Court under Section 78 of the Bombay Industrial Relations Act, 1946, seeking reinstatement and back wages. The La…

The appellant, a rice exporter, was required to contribute to a State Welfare Fund in order to obtain export permits. It claimed the contribution as a business expense deductible under Section 37(1) of the Income‑Tax Act, 1961. The Income‑Tax Officer and the Appellate Assistant Commissioner disallowed the deduction; th…

The State Bank of Bikaner & Jaipur dismissed its employee S.N. Gupta on charges of accepting bribes, based on a departmental inquiry that incorporated witness statements recorded under Section 161 of the Criminal Procedure Code. The CBI investigation later found no reliable evidence, but the disciplinary proceedings co…

The appellant, a small retailer dealing in scheduled agricultural produce in Kasauli (a notified market area of Solan district), challenged the requirement to obtain a licence under Section 4(3) of the Himachal Pradesh Agricultural Produce Marketing Act, 1949 and to pay the market fee. He argued that he did not operate…

The State of Punjab prosecuted National Organic Chemical Industries Ltd. for allegedly selling an adulterated insecticide, Monocil. An Insecticide Inspector seized two samples, sent one to the Public Analyst who reported the product non‑conforming, and issued a show‑cause notice. The respondent requested that the secon…

The appellant and respondent, brothers, inherited a three‑storey building in Madras. A partition deed dated 27 August 1953 stipulated that the ground floor was to be enjoyed jointly, while the first and second floors were to be allotted to each brother respectively. Dispute arose over the manner of enjoyment, with the …

The petitioners, Group C and D employees of the Special Security Bureau in the North‑Eastern Region, filed a writ petition under Article 32 seeking the special duty allowance that had been granted to Group A and B officers. The Supreme Court, in Union of India v. S. Vijay Kumar (1994), had held that the allowance was i…

The petitioner, Surjeet Singh Chhabra, purchased gold in India, fashioned it into a Sikh religious ornament called a Kara, and brought it into the country. He was subsequently seized and a confiscation order was issued under the Foreign Exchange Regulation Act (FERA) and the Customs Duty Act. Although he initially conf…

The Supreme Court examined whether the Government of Orissa could levy a penal rent of five times the standard rent on retired government servants who overstayed in allotted government quarters beyond the four‑month period prescribed under Rule 11 of the Orissa Service Code. The respondents, former government servants,…

The case concerned compensation for 38.5 bighas of land acquired under the Land Acquisition Act, 1894. The District Collector had awarded Rs 700 per bigha for land with deep pits of 8‑10 ft, which was enhanced by the reference court to Rs 4,000 and further by the Delhi High Court to Rs 7,000 per bigha, while levelled l…

The Kerala State Electricity Board acquired 7 acres 8 cents of land and a building under a notification issued on 13 October 1979 pursuant to Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer fixed compensation at Rs 1,432.50 per cent for the land, which the Reference Court enhanced to Rs 3,0…

The appellant, Osmania University, promoted G. Manohar Rao from Lecturer to Reader under the University Grants Commission's Merit Promotion Scheme, after evaluation by an external expert committee and a seven‑member selection committee. The respondents, Abdul Rayees Khan and G. Manohar Rao, challenged the promotion, al…

The appellant filed a complaint before the District Forum, Bankura, alleging inflated telephone bills and obtained an interim order directing the respondent not to disconnect his line on condition of a Rs 4,000 deposit, which he complied with. The respondent appealed to the State Commission, which dismissed the appeal;…

The Supreme Court examined the discretionary allotment of fifteen petrol pumps by the then Minister of State for Petroleum and Natural Gas, Capt. Satish Sharma, who granted them to relatives of politicians, Oil Selection Board members and ministry officials without any advertisement, guidelines or transparent criteria.…

Ashok Kapil, a former tenant, applied to the District Magistrate for allotment of a premises owned by Sana Ullah under Section 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlord objected that the structure was not a "building" because its roof had been removed after the pr…

Adair Dutta & Co. India Pvt. Ltd., a tenant in a Madras building, challenged an order under Section 269 UD of the Income Tax Act that required surrender of possession after the building was purchased by the Central Government under Section 269 UE, which stated the property would vest free from all encumbrances. The com…

Surja Ram was convicted of murdering his brother Raji Ram, the brother's two minor sons and their aunt, and of attempting to murder the brother's wife and daughter. The killings were carried out in a cool, calculated manner during the night while the victims were asleep, using a sharp cutting instrument to sever their …

The petitioners, J.K. Industries Ltd. and others, sought renewal of factory licences but were directed by the Chief Inspector of Factories to file applications signed only by a director, as the occupier, under Section 2(n) proviso (ii) of the Factories Act, 1948 (amended 1987). The Supreme Court examined whether a comp…

Bai Lachhmu, the daughter of Bali Ram, filed a suit to enforce her half‑share in agricultural lands under her father's will against her step‑mother Bai Utti. The parties compromised in 1947, whereby Utti acknowledged Lachhmu's title and was allowed to retain possession of the disputed half during her lifetime, with the…

In a suit for specific performance, the trial court passed a conditional decree requiring the respondent to deposit Rs.1,80,000 by 21 April 1994. The Karnataka High Court, on the respondent’s application, extended the time by three months. The petitioners then filed an application under Section 28 of the Specific Relie…

Mis Star Wire (India) Ltd. purchased land that had been subject to a notification under Section 4(1) of the Land Acquisition Act, 1894, published on 1 June 1976. After the award of acquisition was made on 3 July 1981, the company filed a writ petition in 1994 challenging the notification, declaration and award, claimin…

The respondents were teachers in privately managed aided schools in Haryana who, after acquiring higher qualifications, claimed pay scales and dearness allowances equal to those of teachers in government schools. The State Government refused, but the Punjab and Haryana High Court granted relief, directing parity in pay…

Jog Ram, the appellant, possessed 30 bighas 13 biswas of land that had been evacuee property taken over by the State of Haryana for distribution. In 1967 the land was auctioned and Fateh Singh (respondent No.5) was the highest bidder; the sale was confirmed. In 1968 Jog Ram applied for confirmation of sale and was conv…

The appellants, Malwa Oil Mills, purchased plots 4 and 5 from the erstwhile owners after taking possession of land that had been notified under Section 71 of the Madhya Pradesh Town Improvement Trust Act, 1960 for a housing scheme, and later sought to retain a sign‑board placed on the property. The State of Madhya Prad…

The appellant, Ram Singh, had cut down trees that existed on his land as of 24 January 1971 and replanted new trees. The issue before the Supreme Court was whether the newly planted trees could be classified as "grove land" under Section 23(8) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, which…

The appellants, former owners of surplus urban land in Pune, were deemed to possess excess land under the Urban Land (Ceiling and Regulation) Act, 1976. After objections were rejected, a notification under Section 10(3) was published vesting the surplus land in the State, before the appellants' applications under Secti…

Everest Copiers, a photocopying business, was assessed sales tax for two assessment years on the ground that it sold xerox copies to customers. The issue before the Supreme Court was whether the making and delivery of photocopies constituted a sale of goods under Section 2(1) of the Tamil Nadu General Sales Tax Act, 19…

The appellant's land was acquired and a compensation award of Rs.1,000 per acre was made. He applied for a reference under Section 18 of the Land Acquisition Act, 1894, but the court’s notice was not properly served; the notice was allegedly served on a deceased father. The reference court dismissed the case ex‑parte f…

The appellants, manufacturers of rubber flaps used to protect tyre tubes, were taxed under sub‑entry (2) of Entry 43 of the Uttar Pradesh Sales Tax Act, 1948 as accessories of motor vehicles. They contended that the flaps were not accessories of a motor vehicle but only of tyres or tubes and should therefore be taxed a…

The Supreme Court examined an appeal by ex‑servicemen challenging the State of Haryana's recruitment policy that required the selection board to consider ex‑servicemen and their dependent children together for posts reserved for ex‑servicemen. The appellants argued that the policy undermined the purpose of reservation,…

The appellant, a Major in the Indian Army, was served a notice under Section 19 of the Army Act, 1950 and Rule 14 of the Army Rules, 1954, proposing termination of his service for misconduct alleged to have occurred about seven years earlier. The notice claimed that a court‑martial trial was impracticable because the t…

The Union of India appealed a decision of the Allahabad High Court that struck down paragraph 7 of Central Excise Notification No. 175 of 1986, which excluded from exemption any small‑scale manufacturer that affixed the brand or trade name of a person not eligible for the exemption. The Court examined whether this amen…

The Supreme Court was asked to resolve a dispute between the two factions of the Malankara Orthodox Syrian Church over the fairness of clause 68 (renumbered as clause 71) of the 1934 Constitution, which gave equal representation to each Parish Church irrespective of its size. The Court held that the clause was not fair…

Balbir Singh Neg, after completing 33 years of service, filed an application for voluntary retirement under Rule 48‑A of the Civil Services (Pension) Rules, 1972, which was accepted to take effect on 30 June 1991. He later sought to withdraw the application before it became effective, but the Central Administrative Tri…

The case concerned K.R. Ramanandan, a direct recruit selected in 1977 as Assistant Executive Engineer but appointed only in 1981 due to administrative delays. After passing his test, he was not considered for promotion to Executive Engineer, prompting an appeal before the Central Administrative Tribunal (CAT). The CAT …

The appellant, recruited as a Constable in the Haryana Police under the sports quota, was promoted to Head Constable in 1984 and confirmed in 1987. He later received a show‑cause notice for de‑confirmation and was promoted on an ad‑hoc basis to Assistant Sub‑Inspector in 1990. While undergoing training, his name was re…

The appeal concerned Nagammayi Cotton Mills' liability under the Essential Commodities Act, 1955 and the Textile (Control) Order, 1986/1993 regarding the mandatory production of hank yarn. The petitioner sought to have past liability waived for the periods April 1 1993‑March 31 1995 and April 1 1990‑September 30 1992, …

The civil court had decreed an eviction suit against the appellant, holding that he was not a tenant, and the decree became final. During execution, the appellant raised a fresh objection that there was no jural relationship because he claimed to be a tenant. The Bombay High Court, in Writ Petition No. 3319 of 1992, di…

A Sub‑Inspector of Police was charged with accepting a bribe and failing to register a criminal case. A Deputy Superintendent of Police framed the charge‑memo, conducted the inquiry and sent a report to the Deputy Inspector General, who imposed compulsory retirement. The Sub‑Inspector appealed to the Tamil Nadu Adminis…

The State of U.P. acquired 5.357 acres of agricultural land in Azamgarh for a project. The Land Acquisition Officer initially fixed compensation at Rs 3,658.87 per acre, which the claimant challenged under Section 18 of the Land Acquisition Act, 1894. The reference court raised the award to Rs 30,000 per acre, and the …

The State of Madhya Pradesh appealed against the dismissal of its appeal in a civil suit where the respondent, S.S. Akolkar, had died. The State filed an application under Order 22 Rule 4 of the CPC to substitute the legal representatives of the deceased, but the application was filed 15 days after the court was inform…

The State appealed against the order that excluded a parcel of land from surplus land on the basis of a will executed in 1978. The respondents claimed a one‑fourth share in the surplus land, arguing that the will of Smt. Gajraji bequeathing the share to her nephew should exempt the land from ceiling provisions. The iss…