Judgments of 1996

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 Supreme Court examined the constitutional validity of the Cess and Other Taxes on Minerals (Validation) Act, 1992, which sought to validate state levies on minerals that had been struck down by earlier judgments. The Court held that Section 2 of the Act validly creates and retrospectively validates the levy and col…

Raman Nair contracted a second marriage while his first wife was alive, violating Section 5 of the Madras Marumakkattayam Act, 1932, which rendered the second marriage void. After the Act was repealed by the Kerala Joint Hindu Family System (Abolition) Act, 1975, the appellants claimed that the repeal validated the sec…

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 State of U.P. prosecuted four accused, including Smt. Noorie, under IPC sections 147, 148, 302/149 and 201/511 for the murder of Ram Bharosey (Bachan Shah). The prosecution relied on three eye‑witnesses (PW‑1, PW‑2 and PW‑3) who testified that the accused assaulted the victim with knives and lathis and later dragge…

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…

Preetam and his brother Ishwar Lal were tried for the murder of Chhita. The trial court acquitted both, but the State appealed. The High Court set aside Preetam’s acquittal, relying on a confession recorded by a magistrate and on property recoveries allegedly made pursuant to that confession, while rejecting eye‑witnes…

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…

Rajender Prasad Gupta was appointed as an untrained temporary teacher on 5 May 1964 and was required to undergo training. He was given two opportunities to attend training in 1968 and 1969 but did not avail them, after which his service was terminated without notice. He challenged the termination, and the Service Tribu…

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 case concerned a salt factory operated by the respondents on a 138-acre leasehold that was due for renewal on 1 July 1983. The Union of India claimed title to the land and sought to compel the respondents to accept its title and obtain a renewed licence, while the respondents asserted that they held title under a C…

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.…

The deceased Ranganathan was allegedly attacked by the appellants Periasami and Ramaswamy with a billhook, spear and lathi, leading to his death. Eye‑witnesses PW‑1 and PW‑2 identified the appellants, while the FIR was lodged after a delay and the inquest report contained an erroneous time of death. The Sessions Court …

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…

The respondents filed a suit for partition and mesne profits, and the appellant claimed he was a tenant under a 1969 lease deed. The Tenancy Tribunal, the Kerala High Court and the Supreme Court (via special leave) held that he was not a tenant because Section 74 of the Kerala Land Reforms Act barred leases after 1 Apr…

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…

The landlord filed an eviction petition under Section 31 of the Bombay Tenancy and Agricultural Lands Act, 1948, leading to a 1954 order that, by compromise, required the tenant to surrender three acres while retaining 1 acre 38 guntas. Later the landlord attempted a second eviction on the ground of bona‑fide personal …

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 appellants purchased a property from a company under liquidation and sought demarcation of their plot, which led the respondents—owners of an adjoining plot—to claim encroachment and obtain an injunction. The Single Judge ordered the appellants to remove obstructions and appointed a Special Officer to supervise com…

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 Supreme Court examined a dispute arising from land acquired by the Government of Punjab under the Land Acquisition Act, 1894, where the award and compensation were paid to the original owners. After the bridge was completed, the respondent, Sadhu Ram, entered possession as a yearly lessee in 1965, later purchasing …

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 Collector, under the PEPSU Tenancy and Agricultural Lands Act, 1955, determined that Inder Singh held 18.82 standard acres of surplus land and ordered its surrender in July 1961, after which the land was taken over by the State and redistributed to landless persons. Subsequent consolidation proceedings revealed tha…

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 Union of India appealed against the renewal of a salt‑pan licence granted to the respondents, Laxman Gajanan Desai and others, on the ground that title to the land was still in dispute. The Bombay High Court had directed that the licence could be renewed without the respondents conceding title, pending a decision b…

The State of Karnataka appealed a High Court order that had directed the grant of 201 acres 34 guntas of waste land to the respondents, Krishnoji Reo and Anr., for grazing and afforestation under the Bombay Paragana and Kulkarni Watan (Abolition) Act, 1950. The land had earlier been allotted by the Assistant Commission…

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 appellant, owner of certain lands, was bound by a sale agreement dated December 21, 1984, which was later extended to require execution of the sale deed within 15 days of the vacating of an injunction. A suit for perpetual injunction was filed on December 23, 1987, and later amended on July 17, 1989, under Order 6 …

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 …

In a suit concerning the dissolution of a partnership, a receiver was appointed to preserve the disputed property, which included a restaurant premises occupied by the appellant, Anthony C. Leo, as a tenant. The receiver filed reports alleging that the tenant had made unauthorised constructions and was operating an ill…

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…

The Bihar State Electricity Board (BSEB) issued a notice under Section 24(1) of the Indian Electricity Act, 1910 to disconnect electricity to Hotel Satkar for non-payment of bills based on contract demand, which the hotel contested, arguing that charges should be on actual consumption and that the dispute should be ref…

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 a challenge by OBC candidates to the proviso of Rule 13 of the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules, 1962, which allowed a 5% relaxation in preliminary‑exam cut‑off marks for Scheduled Caste (SC) and Scheduled Tribe (ST) cand…

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…

K.C.P. Sinha, who had been employed by the U.P. State Mineral Development Corporation since 1977, was compulsorily retired in August 1988 under Rule 27(iv) of the corporation’s service rules, which permits retirement at age 50 with three months’ notice. He challenged the order, arguing that the rule was arbitrary, viol…

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 Fertilizer Corporation of India (FCI) challenged octroi levied on its Gorakhpur factory, first by the Notified Area Committee (1979‑1982) and later by the Nagar Mahapalika after the area was incorporated into the city. The Supreme Court examined the statutory powers under the U.P. Town Areas Act, the U.P. Municipal…

The State Bank of India (SBI) had issued two circulars, one in 1978 and another in 1983, prescribing reservations of 15% for Scheduled Castes and 7.5% for Scheduled Tribes in promotions and allowing a carry‑forward of unfilled reserved vacancies for up to three years, after which they would lapse. The 1983 circular fur…

The State of Maharashtra issued a 1970 resolution authorising Zilla Parishads to upgrade primary school teachers to Head Masters with retrospective effect from 1 April 1966, subject to specific vacancy conditions. Four teachers filed a writ petition claiming entitlement to the upgraded pay scale. The Chief Executive Of…

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…

Kirloskar Brothers Ltd., a manufacturer with factories in Maharashtra and Deewas, set up regional offices in Secunderabad and Bangalore to sell its products. The State Governments of Andhra Pradesh and Karnataka treated these offices as establishments under Section 2(g) of the Employees' State Insurance Act, 1948 and i…

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…

Two members of the Tamil Nadu Legislative Assembly, elected in 1991 as AIADMK candidates, were expelled from the party and labelled ‘unattached’ by the Speaker. They later joined the Marumalarchi Dravida Munnetra Kazhagam (MDMK). The Speaker, invoking the Tamil Nadu Assembly (Disqualification on Ground of Defections) R…

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…

M/s Speed Ways Picture Pvt. Ltd. and another appealed to the Supreme Court after the Bombay High Court dismissed their writ petition on 28 June 1995 through a "minutes of order" signed by counsel. The appellants filed a review petition, which the High Court rejected on the ground that the order was a consent order reco…

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 case concerned seniority of forest service officers appointed as promotees in excess of the statutory quota for direct recruits under the Civil Services (Regulation of Seniority) Rules, 1982. M.S.L. Patil, an Assistant Conservator of Forests, argued that his seniority should be calculated from his regular appointme…

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 Anamalai Club held a licence for 28.70 acres of government land for sports and recreation. The State of Tamil Nadu terminated the licence under Section 3 of the Government Grants Act, 1895 and resumed possession with police assistance on the same day, without issuing a notice under the Tamil Nadu Public Premises (E…

The appeal arose from a Kerala High Court order in a suit seeking an injunction restraining the alienation of land. The petitioner, engaged in cardamom cultivation, argued that certain trees needed to be cut to allow uninterrupted plantation and to remove diseased plants. The respondent contended that no planting had y…

Harish Balkrishna Mahajan was appointed on a temporary, monthly basis as a Medical Officer in the Central Government Health Scheme from August 1982 to August 1987 during a doctors' strike. After his termination he approached the Central Administrative Tribunal, which ordered the Union of India to regularise his service…

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…

Rai Singh was convicted for the murder of Smt. Parkashi, who was shot with a pistol inside her house in the early hours of January 30, 1987. The prosecution established that Singh had an illicit relationship with the deceased, and that he was present at the house on the night of the murder, where he fired the pistol af…

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 Supreme Court examined the appeal of Mehbub Samsuddin Malek and two co‑accused convicted for a communal riot in Baroda. The driver (appellant No.1) stopped his bus opposite a mob of armed Muslim youths, got down, and conversed with them, after which the mob attacked the passengers, leading to deaths. The Court held…

The appellants, mortgagors, executed a usufructuary mortgage bond and were obliged to pay rent. After defaulting, the landlord obtained a decree for arrears, which was executed by selling the property; the mortgagee paid the decretal amount. The mortgagee contended that this payment extinguished the mortgagors' right o…

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 appellant, a District & Sessions Judge, was denied extension of service beyond age 58 and challenged the decision in a writ petition. The High Court, on the Chief Justice's direction, filed a Letters Patent Appeal (LPA) against the single judge's order, which was admitted and eventually decided by a Division Bench.…

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 …

Joyachan M. Sebastian was initially appointed as Clerk Grade‑II at the Doordarshan Television Station, Kohima on 21 September 1983. The post was abolished on 8 June 1983 and he was transferred, at his option, to the Doordarshan Kendra, Salem on 6 August 1984, and later, at his request, to Trivandrum on 26 March 1987. H…

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 Kerala State Electricity Board (KSEB) created a separate Secretariat Service in 1964, appointing officers without competitive tests. In 1981 KSEB integrated this Secretariat into its general establishment through regulations, and in 1985 amended the seniority rules to base inter‑se seniority on length of service in…

Tata Iron and Steel Co. Ltd. (TISCO) sought a second renewal of its chromite mining lease under Section 8(3) of the Mines and Minerals (Regulation & Development) Act, 1957. The Central Government reduced the lease area and later further reduced it, prompting TISCO to challenge the orders, arguing that the concept of ca…

The testator's 1948 will granted his two wives equal life interests in the estate, stipulating that the survivor would enjoy the whole property and that after both wives' deaths the daughter would have a life interest followed by her children in fee simple. After the second wife died in 1967, the Tamil Nadu Land Reform…

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 assessee filed returns for assessment years 1964-65 and 1965-66 under Section 139(4) of the Income Tax Act, having missed the regular filing deadline, and later filed what he called revised returns under Section 139(5). The Income Tax Officer assessed the returns after the four‑year limitation period but within the…

Nathu, who was in utero when the limitation period began, filed a suit to challenge an ancestral land gift made by Puran's adoptive mother to a stranger, also contesting Puran's adoption. Birbal and Aaidan, other reversioners, were defendants but later sought to be transposed as plaintiffs. Nathu settled with Puran and…

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…

The case involved three brothers—Husna, Rupa and Jalour Singh—accused of house trespass, murder of Salish Kumar and illegal possession of arms. The FIR did not name the accused; they were later identified in a supplementary statement recorded by police during investigation. The Supreme Court held that such a supplement…

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…

Harbans Lal was convicted for the murder of his wife Punni Devi, who died from burns, along with his two sons. The trial court sentenced all three to life imprisonment; the High Court acquitted the sons but upheld the husband's conviction. On appeal, the Supreme Court examined the prosecution's case, which rested mainl…

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…

The Asansol Electricity Supply Co. Ltd., a licensee under the Indian Electricity Act, 1910, had its licence revoked and was compelled to sell its undertaking to the West Bengal State Electricity Board (the Board). The Board paid a purchase price and continued the employees, but offered them fresh, temporary appointment…

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 State of Tamil Nadu appealed a Special Tribunal order that granted a ryotwari patta to a religious institution over land cultivated by numerous tenants. The Court first held that, under Article 136, it could entertain the appeal even though the State had not previously appealed the Tribunal's order. It then examine…

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…

Four accused were convicted under the Terrorist and Disruptive Activities (Prevention) Act, the Indian Penal Code and the Explosive Substances Act on the basis of confessional statements recorded by a Superintendent of Police under Section 15 of TADA. The police officer failed to furnish the certificate of satisfaction…

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…

Mrs. Judith Fernandes and others leased land containing coconut trees to Conceicao Antonio Fernandes and others for six years. After the lease expired, the plaintiffs filed an eviction suit on 10 October 1973, before the Fifth Amendment to the Goa, Daman and Diu Agricultural Tenancy Act, 1964 came into force. The amend…

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 State of Maharashtra appealed against a decision of the Maharashtra Administrative Tribunal which had directed that the service of Assistant and Associate Lecturers, appointed before 1979, be counted as service as Lecturers for the purpose of granting senior‑scale and selection‑grade pay. The respondents, who were …