Judgments of 1996

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 Bihar State Electricity Board entered into a contract with Mis. Allied Refractories requiring the consumer to pay a minimum guaranteed charge for electricity. The consumers failed to consume the guaranteed amount because of frequent trippings, load shedding and power cuts, and under Clause 13 of the contract they w…

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…

The petitioner, born in 1941 to parents who had converted to Christianity before his birth, later reconverted to Hinduism at age 14 and claimed to be an Adi‑Dravida Scheduled Caste to obtain SC benefits in his employment with the Food Corporation of India. He filed a suit for a declaration of Scheduled Caste status; th…

Pieco Electronics manufactured plastic parts that fell under Entry 15A(2) of the Central Excise Tariff but were exempt from duty by Notification No. 68/71. The Finance Bill, 1982 proposed to amend Entry 15A(2) so that the parts would be classified under Entry 68 and become liable to excise duty, and the Bill contained …

The accused, Kuntala Mishra, a midwife, was alleged to have murdered her daughter‑in‑law Geeta by strangulating her with a petticoat string after a dowry dispute. Geeta had undergone a D&C operation and was under the effect of phenargan, rendering her drowsy. She was found dead in the accused's quarters; the accused cl…

The father of three minor sons filed a title suit in which the minors were added as co-plaintiffs and a court‑appointed guardian was assigned. After the suit was compromised, the father, acting as natural guardian, sold the suit land to the first respondent without obtaining prior court sanction, and the sale was recor…

The Chandigarh Administration issued show‑cause notices to several teachers who had been promoted from Classical and Vernacular posts to Master/Mistress (TGT) positions, alleging that the promotions violated the Chandigarh Education Service (School Cadre) Group ‘C’ Recruitment Rules, 1991 which, it claimed, allowed pro…

S. Jaffar Sahib, a general‑category candidate, was denied appointment as Deputy Collector for the 1980‑81 recruitment, where five posts were reserved and five were open. He challenged the appointment of six candidates from reserved categories, alleging that the reservation rules were violated. The Andhra Pradesh Admini…

The respondents were employees of a privately managed agricultural school that received grant-in-aid and offered a two‑year Agricultural Extension Diploma. After the State of Uttar Pradesh abolished the diploma course, the employees were terminated and sought post‑retirement benefits under the Uttar Pradesh State Aided…

The appellants, recruited to the Bihar State Police Service in 1969, were promoted to the Indian Police Service (IPS) after being placed in a select list prepared in 1985 pursuant to a Supreme Court direction to prepare a list for the year 1983. Although the list was approved by the Union Public Service Commission in 1…

The appellant, a family waqf (Waqf Alai Aulad) created before May 1, 1959, sought exemption from land‑ceiling provisions on the ground that its income was used for charitable and religious purposes as well as for the welfare of the settler’s family. The claim was made under clause (f) of Section 6(1) of the U.P. Imposi…

The respondents were detained under Section 3(1) of the National Security Act, 1980 by the District Magistrate, Jaisalmer on 7 January 1987. Grounds of detention were not supplied within the statutory five‑day period; the magistrate recorded “exceptional circumstances” on 11 January and supplied the grounds on 16 Janua…

Hafiz Washi Ahmed filed a suit for injunction to protect his possession of a portion of land and a structure, claiming exclusive title based on an alleged gift, while the land was partly declared evacuee property. The trial court held that the factual question of whether the disputed portion was part of the evacuee pro…

The truck bearing No. 9493 was seized by a Divisional Forest Officer for carrying 22 logs of timber without a permit under the Madhya Pradesh Ven Upaj Vyapar Viniyaman Act, 1969. The driver compounded the offence by paying Rs.1,000, but the truck was not released because its value was not paid, leading to its confiscat…

The respondent filed a suit to remove a structure erected by the appellant and to restrain interference with his possession of a 50 ft x 30 ft plot. The plot originally belonged to the respondent's maternal grandmother, who had executed a possessory mortgage in favor of Pukharaj, who later returned the mortgage deed an…

The State appealed against a Karnataka High Court order that denied registration of occupancy to a tenant, Puppegouda, who had been in possession of 2 acres 30 gunthas of land since 1950 under successive lease renewals. The Karnataka Tenancy Act, 1961 protected his possession, and the Land Reforms (Amendment) Act, 1974…

The Supreme Court examined appeals filed by landlady Fatima Bee against the Andhra Pradesh High Court, which had set aside earlier findings that she required the non‑residential premises bona fide for her bangle‑manufacturing business and that the tenants' claim of permanent tenancy was mala fide. The lower Rent Contro…

In the Channagiri Legislative Assembly election, Subhan Khan's nomination was rejected because he had not taken the oath required under Article 173 of the Constitution on the day of scrutiny. He argued that an oath taken earlier on 27 October 1994 in another constituency (Davanagere) should suffice, and the High Court …

M/s IDL Chemicals Ltd. manufactures explosives using 80% ammonium nitrate melt purchased from SAIL. An exemption notification dated 11 June 1969 exempted such ammonium nitrate from excise duty under Tariff Item 14HH, provided the licence and bond were obtained. The Central Board later reclassified the nitrate under Tar…

The State of West Bengal acquired 985.95 acres of land in Durgapur for industrial purposes under the Land Acquisition Act, 1894, with an initial notification in 1956 that later lapsed and a second notification in 1964. The Land Acquisition Officer fixed compensation at Rs. 2,310 per acre, but the reference court enhanc…

The appellants filed appeals under Section 54 of the Land Acquisition Act seeking compensation of Rs.75,000 per acre but paid court fees based on a lower valuation of Rs.60,000 per acre. After a separate case enhanced compensation to Rs.75,000, they applied to pay the deficit court fee to obtain the higher amount. The …

The appellant, Prem Ballabh Belwal, was a tenure‑holder of 182 acres of bhumiswami land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. His wife, Basanti Devi, held 24 acres as an Asami (occupancy) right. The question before the Supreme Court was whether the wife's land, held only in occupation, should…

The case concerned Kashi Vidyapith, a deemed university under the U.P. State Universities Act, which sought acquisition of land for its campus, staff quarters, hostels and playground. The High Court had set aside the declaration under Section 6 of the Land Acquisition Act, holding that the university was not an “other …

The appellant Deokali challenged the validity of a will executed by her father Shivnarayan on 2 May 1972, which bequeathed all his movable and immovable property to the three grandsons (sons of her elder sister Ramkali). She alleged six suspicious circumstances: the first page lacked signatures and was on stamp paper w…

MIS Dewan Enterprises, a manufacturer of cycle rims, was assessed by the Uttar Pradesh Sales Tax Officer at an 8% rate, treating the rims as cycle parts. The company argued that under Section 14(iv)(xiv) of the Central Sales Tax Act, cycle rims are "declared goods" and, per Section 15, should be taxed at a maximum of 4…

The respondents (plaintiffs) sued the T.N. Electricity Board for Rs. 46,08,820, claiming that the freight rates for transporting iron and steel were to be paid on a multi‑slab basis as indicated in a handwritten addition to a letter appended to their tender. The High Court Division Bench accepted this claim, holding th…

The State of Orissa appealed against an Orissa Administrative Tribunal order that a draughtsman be retained in service up to the age of 60. The central question was whether a draughtsman qualifies as a "workman" under the second proviso to Rule 71(a) of the Orissa Service Code, which would entitle him to such retention…

S.B. International Ltd., an exporter of marine products, applied for advance licences under the Duty Exemption Scheme of the Export and Import (Control) Act, 1947 between May and September 1992. On 25 September 1992 the government raised the value‑addition norm from 1000% to 1900% and later issued the licences in Febru…

Bhagwan Singh, a co‑owner of undivided joint‑family agricultural land, sold portions of the land in specie to strangers who later sold parts to Karan Singh (the appellant). Bhagwan Singh filed a suit for pre‑emption under the Punjab Pre‑emption Act, 1913, claiming his co‑owner right. The trial court dismissed the suit,…

The petitioners, representing several maths, challenged the constitutionality of Sections 50 to 55 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, alleging that the provisions interfered with the religious freedom of the Mathadhipathi under Articles 25 and 26 of the Constitut…

The appellants, heirs of Yadavrao P. Pathade, appealed against the State of Maharashtra seeking interest on the solatium awarded under Section 23(2) of the Land Acquisition Act, 1894. The compensation had been enhanced by the reference court and further by the High Court to Rs 42,056.15, but the High Court refused inte…

The respondent, S. Subramaniam, a Deputy Tehsildar, was charged with demanding and accepting illegal gratification for effecting land‑record mutations. A disciplinary inquiry found the charge proved and ordered his removal from service. The Tamil Nadu Administrative Tribunal, on review, re‑appreciated the evidence, con…

The respondents, Suresh Kumar Verma and another, were re‑engaged as Assistant Development Officers on a daily‑wage basis after the project they were working on ended. The Himachal Pradesh High Court had directed the State to re‑engage them despite existing vacancies, treating the daily‑wage appointment as a regular pos…

The respondents, co‑owners of land sold by a widow who possessed only a limited estate, filed a suit under Section 15(1)(b) of the Punjab Pre‑emption Act, 1913 seeking pre‑emption of the sale. The trial court decreed in their favour and the decree was upheld on appeal, but the second appeal was dismissed. While these p…

The Supreme Court entertained a public interest writ under Article 32 challenging large‑scale out‑of‑turn allotments of government residential quarters in Delhi, alleged to be made on a ‘Special Compassionate Ground’ and constituting a housing scam. A three‑member Gupta Committee examined the allotments and categorized…

The Haryana Urban Development Authority (HUDA) allotted an industrial plot to the respondent, who was required to pay 25% of the price upfront and the balance in six instalments. After paying only the first instalment, the respondent defaulted; HUDA issued a show‑cause notice under section 17(3) of the HUDA Act, a pena…

The Supreme Court had earlier directed the appellant, National Textile Corporation, to deposit Rs 25,000 per month in an interest‑earning account in the name of the respondent, Swadeshi Cotton Mills, and barred the respondent from withdrawing the amount without a court order. The Court later clarified that the monthly …

The appellant, a candidate for Junior Basic Teacher training in Himachal Pradesh, claimed extra marks under the selection criteria for candidates belonging to Integrated Rural Development Programme (IRDP) families. The Director of Education’s notice allotted 10 marks for IRDP status, but the appellant’s claim was rejec…

The Court considered appeals by the Union of India against a Central Administrative Tribunal order directing the regularisation of certain Class IV employees appointed on a part‑time basis in the Controller of Defence Accounts. The respondents, appointed on specific dates between 1990 and 1994, received a consolidated …

The appellants, who were employed as drivers, became blind while in service and applied for alternative appointment. The employer removed them from service instead of providing a suitable post. The Supreme Court examined the issue in light of the precedent set in Anand Bihari v. Rajasthan S.R.T.C., which laid down a sc…

Harjinder Singh Sodhi challenged his non-selection to the Punjab Civil Services Executive Branch, arguing that the Punjab Public Service Commission (PPSC) failed to properly assess merit, that the government falsely claimed no vacancy existed, and that the 50% weight given to interview marks was arbitrary, especially s…

The Agricultural Produce Market Committee sought acquisition of about 4.5 acres of land for its extension. The Land Acquisition Officer initially awarded compensation at Rs.0.76 per square foot, which the Civil Judge enhanced to Rs.8.50 per square foot, and the Karnataka High Court later reduced to Rs.7 per square foot…

Mansaram, the father of Babula and Parasram, was held by a trial court to be the exclusive owner of a house and the decree became final. He later executed a will bequeathing the property to Babula's descendants (the appellants) and died in 1968. The appellants sued in 1977 for declaration of title and possession and ob…

The parties entered into a compromise decree while an appeal was pending, obligating the respondents to deposit specified sums and the appellants to surrender possession of land and machinery. The respondents failed to deposit the amounts by the stipulated deadline; the High Court later accepted the delayed payment and…

The appellant, a decree‑holder, obtained a money decree against the respondent and sought execution by auctioning the respondent's agricultural land. Although the appellant was permitted to bid and his bid was accepted, he failed to deposit the full purchase price within the statutory 15‑day period, citing a set‑off of…

The appellant, Nayudu Srihari, and fourteen others were charged with the murder of Nagulu, a member of a rival faction, based solely on the testimony of PW‑1. The trial court and the Andhra Pradesh High Court upheld the conviction, despite inconsistencies in PW‑1's statements, the fact that his parents testified he was…

Suresh Lohia's bamboo mat was confiscated by forest authorities as alleged forest‑produce. The Additional Sessions Judge ordered its release, but the Bombay High Court reversed, holding the mat to be forest‑produce under the Indian Forest Act, 1927. Lohia appealed to the Supreme Court, contending that a bamboo mat, bei…

The plaintiff, Smt. Sawarni, and her sister Roori claimed to be the daughters of the deceased landowner Gurbax Singh and sought a declaration of title and possession of the disputed land. A will executed by the widow Gurdip Kaur in favour of the two daughters and a succession certificate issued under the Indian Success…

The petitioners, non‑matriculate instructors in Haryana's Adult Literacy Programme, claimed that they performed the same duties as matriculate instructors and therefore deserved the same pay scale, invoking the doctrine of "equal pay for equal work" under Article 14. They sought regularisation, back wages, and recognit…

The tenants appealed against an eviction order issued by the appellate authority and affirmed by the High Court, which was based on the alleged non‑payment of increased rent that included a newly levied house tax. Under Section 8(1) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, a landlord may shift the…

The Special Land Acquisition Officer acquired 5 acres 21 gunthas of land for a canal under a Section 4(1) notification of the Land Acquisition Act, 1894. The officer initially awarded Rs 4,800 per acre, which was enhanced by a civil judge to Rs 20,000 per acre and upheld by the High Court. On appeal, the Supreme Court …

The respondent held a mining lease granted in 1979 for extracting minerals in a forest area, which expired in 1984. The Forest Conservation Act, 1980, which came into force in 1980, requires prior central government approval for any mining in forest areas. In 1989 the respondent applied for renewal of the lease without…

The Gujarat Industrial Development Corporation acquired 861,515 sq m of waste land on the outskirts of Surat for industrial development under a notification of the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded compensation of Rs 5 per sq m, which was later enhanced to Rs 25 per sq m by an e…

The State of Kerala sought recovery of arrears owed by an abkari contractor, Vasudevan, who defaulted on dues as of 1 April 1969. A demand notice was issued on 17 June 1969, after which the contractor transferred three acres of agricultural land to his wife on 30 June 1969. The Tehsildar issued a notice of attachment o…

The appellant, Papaiah, purchased five acres of agricultural land that had been assigned to Scheduled Caste persons under Mysore Land Revenue Code Rule 43(8) in 1940. The sale deed was executed in 1958, but the Karnataka Scheduled Castes & Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 declares a…

Kesoram Rayon imported 832 bales of rayon grade wood pulp and warehoused them in its private bonded warehouse on 16 June 1984 for a permitted period of three months under s.61(1)(b) of the Customs Act. The permitted period expired on 15 September 1984, but the goods remained in the warehouse without an extension. A dem…

The case concerned the revision of pay scales and fringe benefits for officers and workmen of Fertilizer Corporation of India Ltd. (FCI). Workmen who were promoted to the lowest officer scale before 1 January 1987 were already officers, whereas those promoted after that date were still workmen at the time of the 1987 p…

The State of Bihar issued 1983 rules requiring owners of saw‑pits and timber depots to obtain licences, invoking powers under sections 41, 42 and 76 of the Indian Forest Act, 1927. The Patna High Court held that the statutes did not empower such regulation and set aside the rules. The State appealed, arguing that the p…

The appeal (Civil Appeal No. 6149 of 1983) arose from a dispute over several parcels of land in Survey Nos. 194, 115 and 82 claimed by the appellants Chikkatayamma and others and the respondents R. Balakrishnappa and others. The parties filed a compromise memo before the Supreme Court, detailing the division of the lan…

The Special Tehsildar appealed against a Kerala High Court order that set aside a subordinate judge’s condonation of delay in filing a review of a land‑acquisition award. The award dated 31 March 1989 had enhanced compensation and the appellant filed a review application on 29 July 1991 after a delay. The subordinate j…

The premises at 7 Chapel Road, Calcutta, were requisitioned in 1971 under the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 for defence purposes during the Bangladesh war, and the Indian Navy took possession. The respondents challenged the requisition, and the government later initiated …

The Supreme Court examined appeals concerning compensation awarded under the Land Acquisition Act, 1894 for land acquired to establish an agricultural market yard. The High Court had enhanced the compensation from Rs.10 to Rs.15 per square yard and also increased solatium, interest, and an additional amount under Secti…

J. Ashok Kumar appealed against the Andhra Pradesh Administrative Tribunal’s dismissal of his claim that he was entitled to a 5% weightage in marks as an NCC-qualified candidate under the amended Rule 4 of the Andhra Pradesh Excise Service Rules (G.O. Ms. No. 1136, 13‑September‑1986). The petitioner had applied for the…

The Election Commission of India appealed against a Madras High Court decision that had prohibited Chief Election Commissioner T.N. Seshan from expressing the Commission’s opinion on a disqualification petition against Chief Minister J. Jayalalitha, on grounds of alleged bias. The Supreme Court examined whether the Chi…

The appellant, Prabhudev Mallikarjunaiah, filed a nomination as a Scheduled Caste (Beda Jangamma) candidate for the Bidar‑1 (SC) Lok Sabha seat in 1991. The Returning Officer rejected his nomination, holding that he belonged to the Veerashiva Lingayath community, not the Beda Jangamma caste listed in Presidential Notif…

The appellant, Sh. Bhogendra Jha, was elected to the 10th Lok Sabha from Madhubani, Bihar. Two other candidates, Pawan Kumar Pathak (PW‑4) and Lal Bahadur Singh (PW‑6), had their nominations rejected by the Returning Officer because the proposers' names and electoral‑roll numbers did not match the electoral roll. The r…

The appellant, an unsuccessful candidate in the 1993 Delhi Assembly election, filed an election petition alleging corrupt practices under Section 123 of the Representation of the People Act, 1951. The Delhi High Court dismissed the petition but held that the respondent was not supplied with the requisite true copy of t…

The appellant, Ravindra Trimbak Chouthmal, conspired with his father to murder his wife Vijaya for dowry, severing her head and cutting her body into nine pieces to conceal evidence, also causing the death of the unborn child. He was convicted of murder under s.302 read with s.1208, and of offences under s.201/34, s.31…

The Municipal Corporation of Greater Bombay billed Mafatlal Industries for electricity duty on guest houses it maintained for its employees, classifying them under Category C of the 1981 tariff. The company contended that the guest houses should fall under Category R, which is applicable to premises "exclusively used a…

The Supreme Court examined whether, under Section 17(iii)(b) of the Uttar Pradesh Agricultural Produce Market Act, a purchasing trader remains liable to pay the market fee when the selling trader does not collect it. The dispute arose from a sale of specified agricultural produce between two traders. The Court held tha…

EMKAY Investments Pvt Ltd, a newly set up small‑scale plywood manufacturer, claimed exemption from sales tax under Rule 3(66a) of the West Bengal Sales Tax Rules, 1941. The company used the brand name “Merinoply,” which belonged to another firm, Marinoply and Chemicals Ltd. The tax authorities denied the exemption, inv…

The case concerned dealers of iron and steel who, under the Bengal Finance (Sales Tax) Act, 1941, were required to transport goods with a declaration signed by the consignor as mandated by Rule 89A(2). The dealers contended that the rule unfairly placed the burden of producing the declaration on them while sellers were…

An accident on 27 May 1988 gave rise to a compensation claim under the Motor Vehicles Act, 1939, which was filed on 23 December 1988. The Motor Vehicles Act, 1988 came into force on 1 July 1989, repealing the 1939 Act, but the claim was finally decided on 29 June 1992, creating a right to appeal that was exercised on 2…

Surinder Kaur, who had served as Sarpanch of Gram Panchayat Dialgarph for 15 years, attempted to file her nomination papers for the Sarpanch election scheduled on 18 January 1993. On 17 January, her husband was detained by police and the 7th respondent, Tara Singh, forcibly seized and destroyed her nomination papers. D…

Corporal AK Bakshi and Corporal Sobhanan, each having accrued six punishment entries for misconduct, were discharged from the Indian Air Force under the Policy for Discharge of Habitual Offenders, which directs that such cases be dealt with under Rule 15(2)(g)(ii) of the Air Force Rules, 1969. They challenged the disch…

The landlords (Gurbachan Singh & Anr.) sought eviction of Shivalak Rubber Industries & Ors. under Section 13(2)(iii) of the East Punjab Rent Restriction Act, 1949, alleging that the tenants had made extensive unauthorised alterations—removing roofs, walls, doors, converting shops into sheds, stores and residential unit…

The Supreme Court had ordered the closure of Mohan Meakin's plant on 1 April 1993 for failure to meet anti‑pollution standards. The company’s managing director and CEO operated the plant from 7‑11 April and later obtained a consent from the Uttar Pradesh Pollution Control Board on 21 April, restarting operations despit…

Nitasha Paul, a second‑year B.D.S. student from Karnataka, applied to migrate to the Government Dental College, Rohtak for the 1993‑94 academic year. A sub‑committee recommended her for one of the eight vacant seats based on merit and her domicile certificate, but the Vice‑Chancellor ignored the recommendation and admi…

The State of Rajasthan prosecuted Ram Narain and two others for abducting, wrongfully confining, and raping a minor girl aged between 15 and 17. The trial court convicted all three under IPC sections 376, 366 and 342 and imposed rigorous imprisonment of seven, five and one years respectively, with a fine on the first a…

The appellant, the legal heir of the deceased owner of three plots in Kanpur, challenged the computation of excess urban land under the Urban Land (Ceiling and Regulation) Act, 1976. The plots comprised a dwelling unit on 501.64 sq m and two industrial factories on larger plots. The authorities declared the appellant h…

The owners of the vessel M.T. Larnaca entered Cochin Port and damaged an RCC platform, leading the Port Trust to assess damages of Rs. 33.82 lakh and demand an unconditional cash deposit before allowing the ship to depart. The owners challenged the demand, arguing that clause 6 of the 1980 notification and Regulation 4…

A writ petition (Cr) No. 296 of 1993 was filed by Smt. Birmati alleging that her two minor daughters had been kidnapped. The petition was supported by Mahila Dakshita Samiti. The Secretary of the Samiti claimed that she was threatened by Anand Singh Dangi and the village Sarpanch, Balwan Singh, to desist from pursuing …

The dispute concerned the Nalban Fishery, which was part of a partition suit among members of the Sarkar family. While the suit was pending, the State of West Bengal requisitioned the fishery under Section 3(1) of the West Bengal Land Requisition and Acquisition Act, 1948, and took possession in 1969. After a compromis…

The Bihar State Subordinate Service Selection Board conducted an examination and, after being abolished, issued a revised list of candidates including the respondent. The respondent filed a writ petition alleging that junior candidates had been appointed while he remained unappointed, and the Patna High Court issued a …

The respondent, a former Indian Railways employee who was deputed and later absorbed by the Heavy Engineering Corporation, sought to exercise his option to join the liberalised pension scheme introduced in 1973, but was not informed of the scheme and his request was rejected by the Railway Board. The Central Administra…

Balarpur Industries Ltd. sought to quash a notification under Section 4(1) of the Land Acquisition Act, 1894 that acquired land needed for a public purpose, contending that the acquisition would block ingress and egress to its factory. The respondents, including the acquiring authority and a fourth respondent who would…

The appellants owned land that was acquired by the Government of Tamil Nadu in 1962 under the Land Acquisition Act, 1894 for a synthetic resin plant of Reichold Chemicals. The acquisition became final, compensation was paid, and the land vested in the State. Subsequently, the land was transferred to subsidiaries of the…

The case concerned land acquired under the Land Acquisition Act, 1894 where the acquisition officer initially fixed compensation at Rs 40,000 per bigha. The District Judge enhanced the amount to Rs 1,00,000 per bigha, but the High Court, on appeal, deducted 40 % of the enhanced compensation as development charges, in l…

The petitioners challenged the constitutional validity of Rule 18(2) of the Customs and Central Excise Service Group ‘A’ Rules, 1987, which governed promotion from three Group B feeder cadres to Group A posts. They argued that the rule’s method of determining seniority and the promotion quota would prejudice their chan…

The appellant, a tenant, occupied the land on Tillers' Day (1‑April‑1957) when the landlord was a joint family. After a partition on 31‑March‑1958, the respondent obtained a share and applied for a Section 88C exemption certificate on 14‑April‑1959 without notifying the tenant. The respondent later sought possession un…

Smt. Udhwantia, a limited owner, gifted her estate to her grandson Ramdas Mahto, who later sold the property twice and it was eventually sold at a court‑ordered auction. Ram Deiya sued to recover the property, and the trial court and lower appellate courts decreed in her favour. After her death, her son Ram Das Mahto s…

The land in dispute was transferred to the appellant in 1980, after which the respondent filed a suit for pre-emption that was decreed on 27 August 1983. The decree was affirmed by the court of appeal and a second appeal was dismissed by the High Court on 5 April 1984, making the decree final. When the respondent sough…

The State (Excis e Superintendent, Malkapatnam) sought to fill 723 posts by selecting candidates whose names were sponsored through the employment exchange, while the respondents, who applied independently, were excluded. The respondents approached the Andhra Pradesh Administrative Tribunal, which issued interim direct…

Kesar Singh was convicted of murder under Sections 302 and 34 of the IPC and sentenced to life imprisonment on 28 May 1987. After serving a little over eight years, he filed a petition under Section 482 of the CrPC in the Punjab & Haryana High Court seeking premature release. The High Court entertained the petition and…

The respondents, who were assistant teachers, were deputed at the Government's expense in 1966 to obtain higher qualifications such as graduation and B.Ed. The Government issued a Finance Department memo on 22 October 1964 stating that only employees who attended training at their own cost would be eligible for two adv…

The respondent, a work‑charged employee of the Punjab Public Works Department, went on leave on 10 April 1986 and failed to return without any sanction, remaining absent until August 1986. The department issued a termination notice on 3 September 1986, giving him ten days to report, and subsequently terminated his serv…

The appellant, a retired government employee, challenged a compulsory retirement order. The Tamil Nadu Administrative Tribunal set aside the retirement order and directed the Government to conduct a fresh enquiry and fix his pension. The appellant contended that a fresh enquiry was unnecessary after his retirement. The…

The appellant, an exporter of hides and skins, pledged goat skins to a bank and obtained an overdraft. The skins were damaged due to the bank's improper storage, leading the appellant to file a criminal complaint. A compromise was reached whereby the bank waived Rs 1,93,159 owed by the appellant, which the appellant tr…

The appellant, Fauja Singh, contested the attachment of his residential house in an execution proceeding, invoking Section 60(c) of the Code of Civil Procedure which renders a residential house non‑attachable. The executing court ignored the plea, and the Punjab & Haryana High Court dismissed the subsequent civil revis…

The case concerned the validity of a compensation award made by the Collector under Section 28A of the Land Acquisition Act, 1894, after the High Court had already determined compensation under Section 54. The petitioners argued that a Section 28A application could not be filed once a Section 54 judgment was rendered, …

The appellants, allotted a site by the Haryana Urban Development Authority (HUDA) under a housing scheme, paid the original sale price but were later directed to pay an additional amount of about Rs. 1 lakh as per a calculation memo dated 9 August 1990. They contended that HUDA lacked authority to demand this extra sum…

The suit concerned possession of 17 cents of land sold by T. Sekharan, who later died; the appellants (his heirs) claimed the sale was a collateral security for a loan and that an agreement dated 4 January 1983, executed in the presence of a police sub‑inspector, evidenced receipt of Rs 35,000 and the condition that th…

The Haryana Subordinate Service Selection Board advertised and selected 45 candidates for Family Welfare Educators in 1971-72, but a writ petition prevented their appointment until 1985-86. After the writ was dismissed, the selected candidates received letters of appointment and joined service between September 1985 an…

The appeal concerned proceedings initiated under Section 10 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The question was whether the 1982 amendment, specifically Sections 32‑A and 32‑B, caused abatement of matters that had become final or were pending, thereby obligin…

The State of Haryana acquired 49 acres 1 canal 15 marlas of land in Sirsa for a commercial market. The Land Acquisition Officer fixed compensation at Rs 25,000 per acre, which was enhanced by the Additional District Judge to Rs 30,000 per acre, then by a single Judge to Rs 27.50 per square yard, and finally by the Divi…

The Government of Andhra Pradesh appealed a judgment that had awarded compensation for urban land of the Nizam acquired under the Land Acquisition Act, 1894. The land lay within the Hyderabad Urban Agglomeration and had been declared excess under the Urban Land Ceiling and Regulation Act, 1976, which deemed such land v…

Mohd. Aslam filed a writ petition under Article 32 seeking reconsideration of the Supreme Court's judgment in Manohar Joshi v. Nitin Bhaurao Patil, alleging it was incorrect. The Court held that Article 32 cannot be invoked to challenge the correctness of a decision on its merits or to obtain its reconsideration. It fu…

Major General Madan Lal Yadav, a retired officer, was charged under Section 123 of the Army Act, 1950 for dereliction of duty in local purchases. After his retirement on 31 August 1986, he was kept under open arrest and a charge‑sheet was issued. A General Court‑Martial (GCM) was convened on 25 February 1987, but Yadav…

In this appeal, the appellant, a member of a Hindu undivided family, claimed that he was in possession of the entire family property based on a family arrangement dating from 1977. The respondents contended that the property was self‑acquired by their father and therefore not subject to partition, asserting that the ap…

The appellants, originally employed as cleaners and later promoted to drivers in the Punjab Poultry Department, were retrenched as surplus. When the government announced direct recruitment for drivers, they applied but were rejected for lacking the prescribed qualifications of a light‑vehicle driving licence and knowle…

The Chandigarh Administration (Estate Officer) appealed against a High Court order that directed it to re‑allot an industrial site (No. 187‑B) to M/s Johnson Paints & Varnish Co. The site had been allotted in 1965 to Kulraj Singh Paul, cancelled for default, resumed, re‑allotted, and again resumed in 1981. The responde…

The Union of India entered into a contract with M/s G.S. Atwaland Co. for excavation work, and a dispute over equipment hire charges was referred to a sole arbitrator, T. Raja Ram, in the fifth arbitration. The arbitrator unilaterally enlarged the reference to include additional claims not originally pleaded and issued…

The Joshi Ambashankar Family Trust, a charitable trust, sought High Court permission to sell a property after obtaining a modification order allowing sale with court approval and 3/4 trustee concurrence. While the trustees received an offer of Rs.9 lakh from a group of purchasers, the appellants (Gowrishankar and other…

The Industrial Credit and Investment Corporation of India Ltd. (the petitioner) challenged the actions of secured creditors who had approached civil courts to realise their debts against a company undergoing winding‑up. The Supreme Court examined the extent of a secured creditor's right to enforce security outside the …

Junjaram, a protected tenant under the Berar Regulation of Agricultural Leases Act, 1951, surrendered his lease by an unregistered deed in 1956 and within a year applied for restoration of possession. The initial authorities held the surrender illegal and ordered restitution, but the Deputy Commissioner set aside that …

The Association of Chemical Workers, a rival union at Chemicals & Fibers of India Ltd., challenged the recognition of the respondent union by the Industrial Court, alleging that the investigating officer had illegally used spot verification and alternate numbers to count members. The High Court examined whether the off…

The Supreme Court heard a civil appeal (No. 1608 of 1979) challenging the genuineness of a will executed by Bhagwana on 15 October 1957, which left his property to Atma Ram. The appellant, Bhagwana's daughter, claimed that the will was not genuine and sought relief, arguing that she was not a party to the earlier suit …

The appellant filed a return under Section 12 of the Maharashtra Agricultural Land (Ceiling of Holdings) Act, 1961, claiming he had three sons and three daughters, and argued that the family was therefore entitled to two additional units of land under Section 6. He produced school certificates for the daughters but nev…

The State of Punjab appealed a Punjab & Haryana High Court order that had allowed a group of industrial training institute instructors to have their salaries stepped up to match those of junior instructors who were receiving higher pay. Prior to 1961 all instructors were on a uniform pay scale, but in 1961 the pay scal…

Manoharlal appealed against his conviction under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, contending that Section 50 was not complied with because he was not given a choice to be searched in the presence of a gazetted officer or a magistrate. The petitioner argued that the statute obliges the accused …

The Supreme Court had earlier disposed of an appeal and dismissed review petitions filed against its order. Subsequently, the parties filed applications seeking clarification and modification of that order, claiming the Court's inherent power. The Court examined whether such applications could be entertained when a rev…

The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 alleging that a cheque dated 30‑06‑1990 was dishonoured due to insufficient funds and that the drawer had instructed the bank to stop payment, as indicated by the bank’s endorsement. A notice demanding payment was sent to the draw…

The appellant appeared for the Civil Services Examination (CSE) in 1989 and 1990, receiving a supplementary list for a Group A/B service in 1991 but remaining silent, and later being allocated to the Indian Revenue Service (IRS) based on his 1990 rank. He was subsequently directed to join the Central Industrial Securit…

The Calcutta High Court entertained a writ petition filed by a partnership firm and one of its partners seeking a mandamus directing the electricity supplier, CESC Ltd., not to disconnect supply and to refer disputed bills to an arbitrator. The petitioners had not availed the statutory remedy under Sections 26(4) and 2…

The appellant, a tenant inducted in 1973, challenged an eviction suit filed by the landlord in 1990, arguing that the suit was barred under Section 20 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 because the ten‑year exemption period for newly constructed buildings had expired. The k…

The appellant, a member of the Friends Central Government Employees House Building Society Ltd., had fully paid for a plot and was not in arrears. Under a compromise order of the Delhi High Court, the Society was directed to send notices to members in arrears demanding affidavits and payment, failure of which would dis…

The appellants, owners of three‑axle transport vehicles, challenged a Central Government notification dated 18 October 1996 that prescribed maximum gross vehicle weight and maximum safe axle weight under Section 58(1) of the Motor Vehicles Act, 1988. They argued that the phrase "whichever is less" and the reliance on m…

The Supreme Court examined an appeal by Ramesh Dutt, whose 180 acres of land in Bhatinda had been acquired under the Land Acquisition Act, 1894. Dutt claimed compensation for the land and for loss of his poultry business. The trial court awarded market value compensation for the land and the High Court added compensati…

The case concerned the murder of Pallamareddi Ramanareddi by bombs allegedly hurled by Tallurri Venkaiah Naidu (appellant) and co‑accused. The trial court acquitted several accused but convicted the appellant under sections 120‑B/302 IPC and related provisions. The High Court set aside the trial court's acquittals and …

The United India Insurance Company appealed against an order of the National Consumer Disputes Redressal Commission directing it to pay Rs.5,04,453.23 to M.K.J. Corporation for leather spoiled during an employees' strike, together with interest. The insurer contended that a clause (b) of Section 2 of the Fire Policy C,…

The State of Gujarat obtained a land acquisition award on 26 June 1981 under Section 11 of the Land Acquisition Act, 1894, and a notice under Section 12(2) was issued on 18 September 1981. An application for reference to a civil court under Section 18 was filed only on 30 July 1985, more than three years after the awar…

Six accused were tried for a terrorist attack on a temple. All made confessional statements before a Superintendent of Police under Section 15 of the Terrorist and Disruptive (Prevention) Activities Act (TADA). Two of them, Baba Peer Paras Nath and Baldev Nath, were charged only under the Indian Penal Code (IPC) for at…

The Supreme Court examined whether the Uttar Pradesh Urban Planning and Development Act, 1973 empowers a development authority to levy a development fee on applicants for plan sanction. The High Court had held that no such power existed, but the Supreme Court read Sections 14, 33, 41, 56 and related provisions as confe…

Gian Kaur and her husband were convicted under Section 306 of the IPC for abetting the suicide of Kulwant Kaur. They appealed, arguing that Section 306 (and Section 309) were unconstitutional because Article 21 of the Constitution includes a "right to die", as held in P. Rathinam. The Supreme Court, sitting as a Consti…

The Supreme Court examined an appeal concerning the acquisition of 89 acres of agricultural land in Siddanti village, Andhra Pradesh, under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer and lower courts had progressively increased compensation, with the High Court fixing a market value of…

The appellant, a tenant, occupied a plot owned by the respondent and raised super‑structures. The respondent filed an eviction suit without first giving the tenant a written notice and observing the three‑month waiting period required under Section 11 of the Tamil Nadu City Tenant's Protection Act, 1921. The trial cour…

The appellant, Randhjr Singh Rana, challenged a order by a Judicial Magistrate who, after taking cognizance of the offence and after the accused had appeared, directed further police investigation. The High Court refused relief and the matter reached the Supreme Court. The Court examined whether a magistrate, post‑cogn…

The appellants, Shri Jee Sales Corporation and another, imported PVC resin relying on Notification No. 66 dated 15 March 1979 which exempted customs duty on such imports up to 31 March 1981. After they had opened letters of credit and the goods arrived, the Government issued Notification No. 205 on 16 October 1980 with…

Lohara Steel Industries Ltd., a dealer in iron and steel, bought scrap and ingots in Andhra Pradesh, sent them to its re‑rolling mill in Karnataka, and sold the re‑rolled products back in Andhra Pradesh. Under the Andhra Pradesh General Sales Tax Act, 1957, an exemption notification (G.O. Ms No 88, 1977) exempted such …

The appellants were convicted of murder for a shooting that occurred on an open terrace on a moonless night, where the victims and neighbours identified them as the assailants. The defence argued that darkness made identification impossible and that there was no discernible motive. The Supreme Court held that despite l…

The Supreme Court dismissed an application for clarification filed by a new advocate after a Special Leave Petition (SLP) and a subsequent review petition had already been dismissed. The petitioner, Tamil Nadu Electricity Board, had originally engaged Advocate‑on‑Record Mr. Mariaputham, while the respondent’s counsel l…

The Supreme Court considered appeals against a Rajasthan High Court order that had granted an injunction against Mis Lloyd Electric Engineering Ltd. The appellants, Dr. Rajeshwar Kumar Malhotra and S. Srinivasan, argued that the two senior individuals whose presence formed the basis of the injunction had resigned and t…

The petitioner, an assistant in the Economics and Statistics Department, applied for a transfer to the post of Legal Assistant Grade II under Kerala Secretariat Subordinate Service Special Rules. He was placed at No.13 on a merit list prepared in 1989 but was not appointed despite existing vacancies, leading him to obt…

The Committee for the Protection of Democratic Rights filed a writ petition in the Bombay High Court seeking a declaration that the Commission of Inquiry appointed under the Commissions of Inquiry Act, 1952 was not a court of law and directing the Maharashtra government to prosecute those responsible for the Bombay rio…

The case concerned a violent assault on 23 May 1985 in which six accused, armed with a double‑barrel gun, gandhalis, kirpans and gandasas, attacked two men (Harbhajan Singh and Baldev Singh) and injured a third witness (Suba Singh). The trial court convicted four of the accused and acquitted two; the Punjab and Haryana…

Waldies Ltd. was assessed to income tax for AY 1964‑65 and subsequently to surtax under the Companies (Profits) Surtax Act. The income‑tax assessment was later reopened under Section 147, increasing the tax liability, and the surtax assessment was rectified under Section 13 of the Surtax Act to allow a deduction for th…

Madan Lal Agrawal sued Bharat Coking Coal Ltd. for eviction of land and buildings he claimed to own adjacent to Victory Colliery. The properties were used as offices and staff quarters for the mine, which had been taken over by the Central Government under the Coal Mines (Nationalisation) Act, 1973. The trial court dis…

The State of Uttar Pradesh challenged the High Court's declaration that Section 37-A of the U.P. Excise Act, 1910 was void for violating Article 14 because it allowed an exemption for foreign liquor under Section 20(2). While the appeal was pending, the legislature omitted Section 20(2) and substituted a new Section 37…

Six accused were convicted under IPC sections 147, 148, 307 and 302 for a homicide. The Madras High Court set aside the convictions, acquitting them on the ground that the appellant's statement recorded under Section 164 of the CrPC (initially a dying declaration) materially contradicted the FIR report. The Supreme Cou…

The appellant, Mis. National Insurance Co. Ltd., sought to deny liability for an accident that occurred on 25 October 1983 at 11:14 a.m. The motor insurance policy had a renewal premium due on 14 October 1983, which was paid late on 25 October 1983 at 4:00 p.m. The policy expressly stated that coverage was suspended fr…

The appellant, a contractor, entered into a contract with the State of Rajasthan for bridge widening works. A dispute arose and, by mutual agreement, the matter was referred to an arbitrator. While arbitration was pending, the respondent attempted to adjust amounts due to the appellant against another contract. The app…

The Depot Manager of Andhra Pradesh State Road Transport Corporation initiated disciplinary proceedings against driver Mohd Yousuf Miya under Regulation 28(ix) of the Employees Conduct Rules, 1963 after a fatal accident caused by his alleged failure to anticipate the incident. Simultaneously, the driver faced criminal …

The Supreme Court examined the validity of land allotted to "sub‑awardees" after the land had been acquired under the Rajasthan Land Acquisition Act. It held that once a notification under S.4 and possession under S.16 were effected, the original owner's title ceased and vested in the State, rendering any subsequent sa…

The respondent, a police constable, was prosecuted for bigamy after his wife alleged he had contracted a second marriage. He was discharged in the criminal trial for lack of evidence, but was suspended and a departmental enquiry was initiated under Rule 28 of the Karnataka Civil Service Rules, which prohibits a governm…

The appellants and respondents were employees of the Madhya Pradesh Irrigation Engineering Service governed by the 1968 Recruitment Rules. The Rules stipulated that eligibility for promotion to Assistant Engineer be determined as of 1 January each year, requiring either 8 years of service for graduate engineers or 12 y…

The Uttar Pradesh State Road Transport Corporation prepared a waiting list of 414 candidates for conductor posts to be filled during peak seasons or vacancies. The corporation cancelled the waiting‑list procedure in July 1980, yet later appointed several junior candidates from the list, some of whom were regularised. G…

The All Orissa Electrical Workers Union filed a Special Leave Petition challenging the State of Orissa's service rules that required Class III and higher employees, even if skilled or highly skilled, to retire at 58 instead of 60. The petition argued that various categories of workers such as electricians, plumbers, an…

The respondent filed a suit for declaration of title and injunction against the appellant, but personal service was not effected and substitute service by newspaper failed to reach the appellant. An ex‑parte decree was passed on March 30, 1985. Upon learning of the decree in 1990, the appellant filed an application und…

The State of Uttar Pradesh entered into a works contract with Bridge & Roof Co. (India) Ltd., which required the State to deduct 4% tax at source under the U.P. Trade Tax Act, 1948. The Commissioner of Sales Tax, under a composition scheme, directed a reduced deduction of 1% and the State complied, prompting the contra…

The Food Corporation of India (FCI) had a stock of sub‑standard rice and issued a tender inviting licensed dealers to purchase it on the condition that they would upgrade the rice before it entered the market for human consumption. Two licensed dealers challenged the tender, alleging it violated the West Bengal Rice an…

The respondents, former members of a Joint Hindu Family, received specific assets and certain family debts after a partition ordered by an arbitrator's award. They claimed that interest paid on these debts, especially to unsecured creditors, should be deductible as a diversion of income by an overriding title under the…

The appellant was charged with cheating for allegedly making false representations that a business, Calcutta Cafe, was free of encumbrances, leading the complainant to advance a loan of Rs.30,000. The trial court convicted him under Section 420 read with Section 34 of the IPC, a decision upheld by the High Court. On ap…

M/s. Fair Air Engineers Pvt. Ltd. entered into a contract with N.K. Modi to install a centrally air‑conditioned plant in his house. After alleged breach, the respondent filed a complaint before the State Consumer Commission, which stayed the proceedings and ordered the parties to arbitrate under clause 12 of the agreem…

The Commercial Tax Officer sought to reopen sales‑tax assessments of Biswanath Jhunjhunwala for the assessment years Chaitra Sudi 2023‑24, which had been finalized in early 1969. Under the original Rule 80(5)(ii) of the Bengal Sales Tax Rules, such assessments could be reopened only within four years. A 1974 amendment,…

M/s. Rajasthan Prem Krishan Goods Transport Co. (the appellant) and M/s. Rajasthan Prem Krishan Transport Co. (the third respondent) were two partnership firms that shared the same address, telephone numbers, management, and ten out of thirteen partners. The Inspectorate under the Employees' Provident Fund and Miscella…

The appellant, owner of a Tata truck insured by Oriental Insurance, suffered vehicle damage in a collision while nine persons were aboard, exceeding the policy’s limit of six workmen (excluding the driver). The insurer denied the claim, citing the policy’s exclusion for carrying passengers beyond the permitted number. …

A charitable institution in Kanganpur, claimed to be a Sikh Gurdwara, was the subject of a petition under Section 7 of the Sikh Gurdwaras Act, 1925. Uttam Das, asserting himself as the hereditary office‑holder of the institution, filed a petition under Section 8 claiming the place was an Udasi dera and not a Sikh Gurdw…

The appellant, a lecturer appointed on probation, was terminated after a performance report and a management resolution, with prior approval from the District Inspector under the U.P. Intermediate Education Act, 1921. The Deputy Director held the termination invalid because Regulation 25, framed under Section 16‑C, req…

The Uttar Pradesh Government issued a Gazette notification under Section 4‑A of the U.P. Sales Tax Act, 1948, granting a three‑year sales‑tax exemption to certain newly set‑up industrial units for specified goods. Hindustan Safety Glass Works (P) Ltd claimed that, under the pre‑amendment provision of Section 8(2A) of t…

The dispute arose from the Gram Panchayat elections in Nalgonda district, Andhra Pradesh, where the names of about 94 persons were deleted from the draft electoral roll. The affected persons filed a writ petition seeking to be allowed to vote. The High Court initially ordered that they could participate, but the electi…

The Welfare Association filed a civil suit seeking a perpetual injunction to prevent the conversion of a designated green belt in Sector 7, Faridabad, into a petrol pump operated by Rajiv Kapoor and others. The trial court initially granted an ad‑interim injunction, later vacated it, but on revision the District Judge …

Mohammad Aslam Khan was convicted under Section 22 read with Section 8(c) of the NDPS Act for possession of 50,000 Mandrex tablets seized from flat No.102 in Andheri. The prosecution relied on an agreement allegedly signed by the appellant, seized from the premises, and on statements made by the appellant under Section…

Prakash Trading Co., a groundnut oil manufacturer, claimed an additional tax deduction for deoiled cakes exported or sold to exporters under the export incentive provisions of the Finance Acts of 1966 and 1967, which were linked to the First Schedule of the Industries (Development and Regulation) Act, 1951. The Income …

Costao Fernandes, a customs preventive officer, chased a vehicle suspected of smuggling gold and, during a scuffle, the driver died. He was prosecuted under Section 302 IPC, while claiming immunity under Section 155 of the Customs Act, 1962. The trial court and High Court denied the protection, alleging lack of prior i…

The wife of the appellant was admitted to a government civil hospital for delivery and a sterilisation operation. During the sterilisation a mop was left inside her peritoneal cavity, leading to peritonitis and her death. The appellants sued the State of Maharashtra and the doctors for damages. The trial court awarded …

The Delhi Government, after constituting a high‑power Review Committee as directed in Kartar Singh v. State of Punjab, sought the withdrawal of TADA charges in several cases. The Special Public Prosecutor filed applications before the Designated Court relying solely on the Committee’s recommendations. The Designated Co…

Mansu, a tenant, claimed pre-emption rights over a suit property sold by co‑sharers (male and female) under the Punjab Pre‑emption Act as applicable to Haryana. Shadiram, the vendee, argued that the female vendors' share was not pre‑emptable under Section 15(2) and that, as a successor‑in‑interest, he became a co‑share…

The appellant Netraj was arrested after a silver todal, allegedly stolen during a dacoity that also involved the murder of a woman, was recovered from him two days after the incident. He was convicted under Section 396 of the Indian Penal Code for dacoity with murder and sentenced to death, later reduced to life impris…

The Supreme Court, hearing a public‑interest writ filed by environmental activist M.C. Mehta, examined the pollution caused by about 550 tanneries in the eastern fringe of Calcutta that were discharging untreated effluent into the River Ganga. The Court found that the tanneries were operating without consent under the …

The appellant, Ichchapur Industrial Co‑operative Society Ltd., owned land over which the Oil and Natural Gas Commission (ONGC) had been vested with the right of user under the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 for laying a gas pipeline. When water became necessary for the…

Lily Kurian, the founding principal of St. Joseph's Training College for Women, was dismissed after an ex‑parte disciplinary enquiry and later reinstated by the Vice‑Chancellor, but the reinstatement was set aside by the Kerala High Court. The Kerala University Act, 1974 introduced Sections 60(7) and 61, allowing an ex…

The respondent, a Sub‑Inspector of Police, was reinstated after a prior dismissal was set aside, but subsequently remained on extended medical leave and failed to appear before a Medical Board despite orders from his Superintendent. The State initiated disciplinary proceedings for his non‑compliance, found him guilty a…

Gangabai Gopaldas Mohata (appellant) owned Nazul land that was leased to several lessees. After a compromise decree required the lessees to vacate, the Municipal Council attached the property for alleged tax arrears and auctioned it. The court ordered that the sale would be cancelled if the appellant paid the arrears; …

Ashok Leyland Ltd., a manufacturer of trucks and spare parts, imported certain spare parts and sold them to its truck buyers. The company claimed deductions under sections 80‑E and 80‑I of the Income Tax Act, 1961 for profits earned from these imports, arguing that the income was attributable to its "priority industry"…

Shri Neki, a tenant of demised agricultural land for over 50 years, paid one‑third of the crop produce as rent to the landlord's agent. In 1978 the rabi crop failed and he could not pay the share, but later paid the amount. The landlord's General Power of Attorney (GPA) filed an eviction application under Section 9 of …

The appellant Jagannath challenged a sale of property made by the insolvent Bhadarmal to the respondent Yugal Narain Purohit on May 17, 1958, seeking a declaration under Section 53 of the Provincial Insolvency Act that the transfer was fraudulent. The trial court, a single judge and a division bench of the Rajasthan Hi…

Savaliram Gotiram Teli was a tenant of agricultural land on the appointed day of 15 June 1955. He was dispossessed by the landlords before 1 April 1957 without a Section 29 order and died in 1959. The Mamlatdar initiated suo motu proceedings under Section 32(1‑B) of the Bombay Tenancy and Agricultural Lands Act, leadin…

Essar Gujarat Ltd. purchased a Direct Reduction Iron Plant from Teviot Investments Ltd. and, as a pre‑condition, obtained a process licence and technical know‑how from Midrex and Yoest Alpine (V.A.). The Collector of Customs added the licence fee (DM 2,000,000) and a portion of the engineering and consultancy fees to t…

The respondent, a cinema owner, applied to the District Magistrate for a reduction in seating capacity from 540 to 450 seats and to opt for the composite (compounded) payment of entertainment tax for FY 1995‑96. Both applications were rejected, leading to a writ petition in the Allahabad High Court, which held that the…

Mittal Engineering Works (P) Ltd. manufactured mono vertical crystallisers used in sugar factories, which were shipped in knocked‑down condition and assembled on site. The Central Excise Collector held that the crystallisers were "goods" and liable to excise duty, a view affirmed by the Customs, Excise and Gold (Contro…

Sheshank Sea Foods Pvt. Ltd. imported raw materials under an advance licence that incorporated Exemption Notification No. 116 (30‑April‑1988) issued under Section 25(1) of the Customs Act, 1962, with a condition that the materials not be sold, loaned, transferred or otherwise disposed. The Customs authorities alleged t…

The State of Andhra Pradesh prosecuted Gangula Satya Murthy for raping and throttling to death a 16‑year‑old girl, Satya Vani, whose body was found on a cot in his house. The trial court convicted him under IPC sections 302 and 376, relying on medical evidence of ante‑mortem neck injuries, a fresh vaginal tear, and an …

S.K. Singh, a Branch Manager of Central Bank of India, was removed from service after an enquiry found a cash shortfall of Rs. 20,000. He challenged the removal, arguing that the disciplinary authority had not supplied him with a copy of the enquiry report, which he claimed rendered the action illegal. The High Court, …

Delhi Cloth and General Mills Co. Ltd. imported tyre‑cord grade wood pulp from the United States and were required to pay additional duty under Section 3 of the Customs Tariff Act. The company contended that because wood pulp is not produced in India, the additional duty should be calculated on the excise duty applicab…