Judgments of 1996

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 appellant, Vijayawada‑Guntur‑Tenali Urban Development Authority, challenged the fee claimed by the respondent counsel, who had acted as Government Pleader and later as private counsel in land acquisition reference cases. The respondent sought a minimum fee of Rs.2,000 per case, relying on a certification by the Adv…

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…

The Supreme Court examined the Bihar Government's policy of appointing dependents of deceased employees on compassionate grounds to Class IV posts, while reserving Class III posts for promotion. Several candidates appointed to Class IV filed writ petitions seeking promotion or fresh appointment to Class III. The Patna …

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 respondent, a displaced person, obtained a land assignment under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, through fraud and collusion with revenue officials. The Settlement Officer initially granted the assignment, later set it aside upon discovering the fraud. The Financial Commissioner (…

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 State of Punjab and others instituted disciplinary proceedings against Surjit Singh, a railway conductor, for failing to issue tickets. A charge‑sheet was filed, and although the Enquiry Officer found misconduct, the disciplinary authority disagreed with the report, held the charges proved and imposed two punishmen…

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 Supreme Court examined compensation for land acquired under the Land Acquisition Act, 1894 where possession was taken in 1986 and an award was made in 1990. The High Court had relied on a prior judgment (Ex A‑2) to fix compensation at Rs 22 per square yard after adjusting for time lag, dismissing the claimants' app…

The State of Karnataka prosecuted four respondents for the murders of two brothers, alleging they were killed with an axe and sickle. The trial court convicted them under IPC sections 302, 34 and 324 based on eye‑witness testimony, recovered blood‑stained weapons, and post‑mortem reports. The Karnataka High Court acqui…

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…

The Calcutta Municipal Corporation was formed by merging three municipalities, including Garden Reach, under the Calcutta Municipal Corporation Act, 1980. Respondent No.1, who had been an Education In‑charge in Garden Reach Municipality on a pay scale of Rs. 380‑910, was placed after the merger in the post of Education…

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 Chief Commissioner of Income Tax (Administration) appealed against a Central Administrative Tribunal order that directed payment of a special allowance of Rs.35 per month to all Upper Division Clerks (UDCs) in non‑secretariat administrative offices. The government had earmarked 10% of UDC posts for special duties i…

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 Tamil Nadu Entertainment Tax Act, 1939 was amended to levy a 40% tax on collections from cable television exhibitions. Cable TV operators challenged the amendment, alleging violations of Articles 14 and 19(1)(a) and (g) of the Constitution, claiming the tax was prohibitive, discriminatory against Doordarshan, and e…

The Union of India appealed against a Delhi High Court order that reduced the consideration payable by Jain Sabha for an additional 0.787 acres of land allotted for a school. The government had originally allotted 1.363 acres in 1967 at Rs 5,000 per acre, and later, in 1990, offered 2.15 acres with the original portion…

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 appellant, Ahmad Umar Saeed Sheikh, was charged under IPC sections 307, 332, 427, the Foreigners Act, and TADA sections 3 and 4. He contended that the FIR, lodged on a Sub‑Inspector's complaint, was invalid because it was recorded without the prior approval of the District Superintendent of Police required by TADA …

The Committee of Management of Vasanta College for Women appointed T.N. Tripathi as a lecturer on an ad‑hoc basis despite his lack of a Ph.D., relying on a selection committee that lacked two external experts. His ad‑hoc appointment was extended once but not thereafter, and he failed to obtain the Ph.D. within the stip…

The appellant, an advocate, represented State Bank of India in a suit to recover a sum of Rs. 2.42 crore. He issued a public notice that was contrary to the bank's interests, causing the bank to lose confidence in him and request a No Objection Certificate to engage new counsel. The advocate refused, insisting on payme…

The Supreme Court examined a notification under Section 4(1) of the Land Acquisition Act, 1894 for the reclamation of tank fisheries covering about 1,495.93 acres. The petitioners argued that "land" under Section 3(a) does not include tank fisheries and that the acquisition was not for a public purpose, rendering the n…

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…

Hindustan Steelworks Construction Ltd, a government-owned company, extracted limestone from its own mines and used it in construction work for expanding the Bhilai steel plant, which manufactures iron and steel. The company challenged the levy of a cess under Section 3 of the Limestone and Dolomite Mines Labour Welfare…

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 Special Land Acquisition Officer awarded compensation for agricultural land and a separate sum for a well. On reference, the civil judge increased the compensation, and the Karnataka High Court affirmed it. The appellant challenged the use of a 15‑year multiplier in calculating compensation under Section 23(1) of t…

Ram Lal was appointed on an ad‑hoc basis as a casual railway worker in 1962 and was illegally terminated in 1964. A civil court set aside the termination and reinstated him in 1971, granting regular status effective from September 1971 after he passed a medical examination. He claimed that he should be treated as a reg…

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…

The Union of India appealed against an award of solatium and interest granted by an arbitrator under Section 8 of the Jammu & Kashmir Requisition and Acquisition of Immovable Property Act, 1968, where the respondents' lands had been acquired for defence purposes. The Supreme Court examined whether the 1968 Act, like th…

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 State of Andhra Pradesh enacted the Prohibition Act, 1995 and later amended it to prohibit the manufacture of intoxicating liquor. Several liquor manufacturers challenged the amendment, arguing that the State lacked competence under Entry 8 of List II because the Industries (Development and Regulation) Act, 1951 (I…

The appellant, Tahir, was arrested during a communal riot in Delhi while brandishing a country‑made pistol. The pistol was seized, and because the arrest occurred in an area notified under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA), he was charged under section 5 of TADA and convicted by the …

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 case arose from a land acquisition proceeding under the Land Acquisition Act, 1894 where the compensation award made by the Tribunal was challenged. The award had been passed by the President of the Tribunal without the participation of the other members, rendering it illegal and non est. While the award was under …

The Carmichael Institute for Tropical Diseases, taken over by the West Bengal Government in 1971, created separate cadres for non‑medical technical staff (Group C) and class‑IV staff (Group D). The Government, following the Second Pay Commission, granted UGC pay scales only to non‑gazetted teaching staff, while the oth…

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…

Ram Das, a minor when his father died, sought partition of his undivided half share in ancestral property. The defendant uncle claimed that Ram Das had been adopted by his stepfather before his mother's remarriage, that a partition had already occurred during his father's lifetime, and that the defendant had acquired t…

The Gujarat Maritime Board (GMB) financed the purchase of a vessel, taking a mortgage over it and requiring the borrower to obtain a comprehensive risk insurance policy assignable to the Director of Ports. The borrower sold the vessel to Haji Daud, who later claimed the insurance proceeds after the vessel sank. The Nat…

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…

Metagraphs Pvt Ltd manufactured printed aluminium labels to be affixed to appliances and claimed exemption from excise duty under Notification No. 55175‑CE, which exempts ‘all products of the printing industry’. The Assistant Collector granted the exemption, but the Collector later revoked it and directed assessment un…

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 appellants sought redetermination of compensation for land acquired under the Land Acquisition Act, 1894, filing applications under Section 28‑A after the High Court had altered the reference court's award. The Deputy Collector rejected the applications as time‑barred, contending that the three‑month limitation per…

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…

The Supreme Court examined a petition for pre-emption filed under Section 8 of the West Bengal Land Reforms Act, 1959, concerning two sale deeds where the land purchased was described as a 'tank' (Matsyasheho Pushkarini) or 'doba'. The respondents claimed co‑sharer status to invoke pre‑emptive rights, but the trial and…

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…

Gajanan and his co-accused were tried for murder under IPC sections 302 and 34 for the death of Suryabhan on 10 September 1984. The trial court acquitted them, finding that the alleged eye‑witnesses had not actually seen the assault, their testimony conflicted with the medical report, and the purported extra‑judicial c…

The petitioner, a government servant, was found to have misappropriated Rs. 1,440 deducted from employees and only deposited it after being compelled in 1985. An enquiry officer held him guilty of misconduct, leading the disciplinary authority to remove him from service. The petitioner challenged the removal, alleging …

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 petitioners owned dumpers used primarily within mining areas and were taxed as motor vehicles under the Orissa Motor Vehicles Taxation Act, 1975. They contended that the dumpers, because of their oversized dimensions, heavy‑duty tyres and inability to operate on public highways, were not "adapted" for road use and …

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 appellant challenged the authority to appoint Deputy Commissioners who were promoted from the cadre of Revenue Officers of the Bangalore City Corporation under the Karnataka Municipal Corporation Act, 1976. The dispute centered on whether the Government or the Municipal Commissioner had the power to make such appoi…

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 respondent, a Senior Marketing Inspector, was served a charge‑sheet on 23 November 1984 alleging gross irregularities in the movement of wheat. He failed to submit a reply despite several letters, and the employer dismissed him on 26 June 1987. The High Court set aside the dismissal, holding that the employee had n…

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 Supreme Court examined an appeal by Krishi Utpadan Mandi Samiti challenging the award of additional compensation, enhanced solatium and interest granted by the Allahabad High Court to the respondents under the Land Acquisition Act, 1894. The High Court had applied provisions of the 1984 amendment (Section 23(2), pr…

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…

The State of Andhra Pradesh prosecuted N. Venkatramana, a video shop owner, for possessing 90 video cassettes that lacked the statutory particulars required under Section 52-A of the Copyright Act, 1957. The trial court convicted him under Section 63, imposing six months' imprisonment and a fine of Rs.3,000, a sentence…

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 …

The All India Institute of Medical Sciences (AIIMS) advertised for an Assistant Professor in Endocrinology. Dr. Nikhil Tandon was appointed, while Dr. Ajay Sood challenged the appointment, alleging that Tandon did not possess the required D.M. qualification or an equivalent recognised qualification. The High Court set …

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…

The trial court dismissed a suit by the Sri Anjaneya Swami Temple seeking title to 29 acres of agricultural land, holding that the grant of land to the Archaka was personal to him. A Single Judge of the Andhra Pradesh High Court affirmed this finding on appeal. The temple then filed a Letters Patent Appeal, and the Let…

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…

Bharat Forge Co. Ltd. challenged the Industrial Tribunal's refusal to allow it to adduce fresh evidence in support of a dismissal order against employee AB Zodge. The Tribunal, and subsequently the Bombay High Court, held that under Section 11A of the Industrial Disputes Act, 1947, the employer could not be permitted t…

The case concerned whether a civil court could entertain a suit to determine title under the Tamil Nadu Minor Inam (Abolition and Conversion into Ryotwari) Act, 1963. The trial court had decreed in favour of the respondents, but the first appellate court set aside the decree on the ground that the Act barred civil cour…

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…

The respondent, a Head Constable in the Tamil Nadu Police, was charged with being drunk and in 'mufti' while on duty on 7 July 1984, and a charge memo was issued by a Deputy Superintendent of Police. A departmental enquiry found him guilty and he was initially demoted to Constable Grade‑I; the appellate authority later…

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"…

The New Delhi Municipal Council (NDMC) and the Delhi Municipal Corporation (MCD) levied property tax on immovable properties owned by several State governments within the Union Territory of Delhi. The States challenged the levy, arguing that Article 289(1) of the Constitution exempts State property and income from Unio…

The case concerns refunds of excise and customs duties collected contrary to law. The Supreme Court examined the validity of Section 11-B of the Central Excises and Salt Act, 1944, as amended in 1991, which restricts refunds to claimants who have not passed on the burden of duty to others. The Court overruled its earli…

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…

The State of Maharashtra issued a notification under Section 4 of the Land Acquisition Act, 1894 to acquire two plots (CTS No. 211 and CTS No. 218) for a bus stand. The Land Acquisition Officer passed an award only for CTS No. 211, excluding CTS No. 218 on the basis of a private settlement between BEST and other partie…

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 …

The appellants, including Ashok Yadav, were convicted for kidnapping and murdering a school‑going child, Avadhesh Sharma, under sections 364 and 302 of the IPC. The Supreme Court examined the prosecution's circumstantial evidence – motive, recovery of the victim's articles, the fact that the victim was last seen with t…

The case arose from a land dispute that escalated into a fight between two groups on 25 October 1985, during which the victim Santokh Singh sustained eight injuries, five on the head, inflicted by the respondent Sarwan Singh with a heavy weapon (gandasa). The trial court and the Punjab & Haryana High Court convicted th…

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…

The appellants, co‑sharers of a parcel of land in the town of Hajipur, sought a re‑transfer of the land that had been sold to a third party under a registered deed. They invoked Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, which allows a co‑sharer or adjo…

The appellant, a daughter-in-law, was in possession of a property when her mother‑in‑law filed a suit for possession. The appellant was set ex parte and sought restoration of the decree. The Delhi High Court ordered that the appellant deposit mesne profits of Rs 2,000 per month from the date of the ex‑parte decree as a…

The appellant, P.A. Thomas, was let an open land under a lease and later converted his sole proprietorship into a partnership named 'P.A. Thomas and Co.' with his son and another partner. The Supreme Court examined whether, under Section 2(4)(ii)(a) of the Tamil Nadu City Protection Act, 1922, the appellant remained a …

The Supreme Court examined the absorption of staff from the H.I.M. Ayurvedic Degree College, which had been taken over by the Himachal Pradesh government. The college employees were to be regularised only if they satisfied qualifications, age, and were appointed before the takeover, as per the agreement and a screening…

The Meerut Development Authority sought to acquire land for a housing scheme and had issued a notification under Section 4(1) of the Land Acquisition Act, 1894 on 11 June 1985 and a declaration under Section 6 on 13 June 1985, i.e., simultaneously. The respondents challenged the validity of the simultaneous publication…

The SC/ST Officers Welfare Council filed a writ petition under Article 32 challenging a July 28, 1986 memorandum that raised the minimum length of service required for promotion in the Provincial Medical Health Services of Uttar Pradesh, allegedly to deny promotion to three SC/ST officers. The petition sought quashing …

Dharmabir Singh applied for a prospecting licence and mining lease for limestone deposits in Haryana, claiming a preferential right under Section 11 of the Mines and Minerals (Regulation & Development) Act, 1957. The State Government notified the area under Rule 59 of the Mineral Concession Rules, 1960, and the Central…

The murder case arising from FIR No. 89 dated 16 July 1994 was investigated by the CBI, which charged fourteen persons including Nirmal Singh. After being denied bail repeatedly, the Sessions Judge, Ambala, granted interim bail on 11 May 1996 without the prosecution present. The High Court stayed that bail and, on 28 M…

The Special Land Acquisition Officer acquired six acres of agricultural land near Chikodi municipality for industrial development under the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded compensation on an acreage basis, but the reference court and the Karnataka High Court re‑valued the land…

The respondent, originally appointed as a Junior Engineer in the Central Public Works Department (CPWD) in 1977, was later selected as an Assistant Engineer by the U.P.S.C. in 1982 and appointed in 1987. The dispute concerned whether, after 18 years of service in CPWD, he should be absorbed in that department or alloca…

The petitioner and respondent entered into a sale agreement for land on June 14, 1986, with a total price of Rs.85,000 per killa, Rs.6,000 paid as earnest money and the balance of Rs.64,000 to be paid in cash at registration by July 15, 1987. At registration, the respondent presented a bank draft for the balance, but t…

The petitioner, Hirabai, challenged the sale of her 8 acres of agricultural land that had been attached and sold under execution of a money decree. She argued that the proclamation of sale under Order 21 Rule 66 of the CPC was invalid because it did not contain a valuation of the property and alleged material irregular…

The State of Punjab filed a Special Leave Petition challenging the Punjab & Haryana High Court's order that quashed the FIR against Maninder Singh for alleged misappropriation of Rs. 1.61 crore of public funds. The Supreme Court directed the State to produce the charge‑sheet and statements of witnesses under Section 16…

Krishna Dass Agarwal sued Kanhaiyalal to enforce a pre-emption right over a house Kanhaiyalal had purchased, relying on an alleged agreement, the Gwalior Pre-emption Act (Samvat 1992) and a customary right. The trial court decreed in favour of the plaintiff, but the defendant appealed. While the appeal was pending, the…

Dr. D.C. Saxena filed a public‑interest writ petition seeking recovery of funds from the Prime Minister, which was dismissed by a bench headed by the Chief Justice of India. He then filed a second writ petition directly against the Chief Justice, alleging bias, procedural improprieties, misuse of official facilities an…

J.N. Ganatra, an overseer with Morvi Municipality, was dismissed by a resolution dated 1 December 1970 without the procedure prescribed in Rule 35 of the Morvi City Municipal Officers and Servants Conduct, Discipline, Dismissal, Penalty and Appeal Rules, 1960. He filed a civil suit challenging the dismissal; the trial …

Instructors employed on a part‑time basis in non‑formal education centres in West Bengal were paid a modest monthly honorarium and taught for two hours a day. They filed a writ petition seeking the same pay scales and allowances as regular primary school teachers, invoking the constitutional principle of "equal pay for…

The State of Madhya Pradesh appealed against a High Court order that had allowed M/s. Bindal Agro Chemical Ltd. to claim subsidies under a 1986 state notification. The company had purchased a vanaspati factory originally licensed for Dewas and obtained Central Government permission to shift the licence to Mandideep. Th…

The State of Punjab appealed the acquittal of Labh Singh and others under the Narcotic Drugs and Psychotropic Substances Act, 1985, arguing that the trial court erred by not considering the violation of Section 50, which mandates that an accused be informed of his right to be searched in the presence of a gazetted offi…

S.R. Bhanrale, an employee of the Department of Telecommunications, retired in July 1984 and claimed his pension, death-cum-retirement gratuity, G.P.F., encashment of earned leave, increment arrears, special pay and other retirement benefits. The Union of India failed to pay these dues within the statutory deadline, pr…

V.B. Hegowdar, a government employee in Karnataka's Department of Child Development, was found guilty of irregularities in fund release and was reduced in rank on 10 April 1990. He challenged the punishment before the Karnataka Administrative Tribunal, which initially upheld the order but later, on review, set it aside…

The case concerned promotion eligibility in the Himachal Pradesh service where Head Clerks (appellants) and Accountants (respondents) had differing pay scales and seniority. Initially, Accountants drew a higher pay scale, but subsequent statutory rules under the proviso to Article 309 raised the Head Clerks' pay and cr…

The Panchayat Varga Sharmajivi Samudaik Sahakari Khedut Co‑op Society Ltd. (appellants) sought assignment of 300 acres of waste land vested in the Gram Panchayat for the economic empowerment of its labourer and Scheduled Caste members. The Gram Panchayat passed a unanimous resolution requesting the District Collector t…

The Haryana Urban Development Authority (HUDA) allotted an industrial plot to the respondent through a Provisional Letter of Allotment (PLA) dated 29 October 1991 at Rs. 60.50 per sq. yard. The respondent failed to complete the required formalities within the stipulated period and sought an extension, for which HUDA gr…

Melo Devi, a teacher, retired and filed a writ petition for her dues; she died before the petition was decided. Her son, Bal Raj Sharma, was substituted as legal representative and produced a will bequeathing future pension benefits to his son, the grandson of Melo Devi. The question before the Supreme Court was whethe…

The deceased Sudha was shot dead in her husband Santosh Singh's house in 1982. The husband was seen with a gun and, together with eyewitness testimony, was convicted of murder under Section 302 IPC. The father‑in‑law Onkar Singh and mother‑in‑law Rajeshwari were also convicted of murder under Section 302 read with Sect…

Kartar Kaur, the widow of the deceased Ranjit Singh, sued his son Ajmer Singh for declaration and possession of a suit property situated in the former PEPSU area. The son claimed sole inheritance under local custom, while the widow asserted a special custom allowing a widow to inherit alongside the son and relied on th…

The All Manipur Government Colleges Teachers Association challenged a Government order that counted service in taken‑over private colleges towards promotion to Director, alleging discrimination against government lecturers and principals. The petitioners argued that principals of private colleges were promoted without …

The Supreme Court considered a dispute arising from the dissolution of an unregistered partnership, Krishna Motor Service, where the respondent, a partner without capital contribution, sought arbitration under Section 20 of the Arbitration Act, 1940. The partnership was not registered as required by Section 69 of the P…

Baldev Singh Khosla was promoted to Assistant Registrar of Cooperative Societies in 1990 and placed on a two‑year probation under Rule 10 of the Punjab State Co‑operative Service (Class II) Rules, 1958, which allows extensions up to a total of three years. Although his initial probation ended on 25 November 1992, the g…

Jai Ram Sharma, a regular Office Superintendent in the Jammu Development Authority, claimed that he was entitled to be considered for promotion to Public Relations Officer before a deputationist senior stenographer, P.N. Jalla, was promoted. The vacancy arose while Jalla was on deputation, and the Authority promoted Ja…

The appellant, a Havildar of the Indo‑Tibetan Border Police, was deputed to the Intelligence Bureau and on 26 February 1982 was absorbed as a Junior Intelligence Officer (JIO) Grade II. He claimed that his substantive rank in the parent department, JIO Grade I, entitled him to be absorbed as JIO Grade I and alleged a d…

The respondent, a Lower Division Clerk appointed before 1973, claimed two advance increments after passing the Hindi type‑writing test in December 1979, relying on various government instructions. The State had introduced a scheme granting such increments only to clerks who passed the test before a cut‑off date of 30 J…

The appellants, who had acquired a lease of a plot from the Nagpur Improvement Trust, failed to commence and complete construction within the time limits stipulated in the lease, leading to cancellation of the allotment. The Trust put the plot up for auction; the respondent was the highest bidder up to the second round…

The appellants, teachers in Punjab high schools, obtained post‑graduate degrees and claimed entitlement to the higher pay scale designated for lecturers, relying on Government letters dated 23 July 1957 and 20 September 1979. The Punjab & Haryana High Court rejected their claim, holding that the lecturer post was not p…

The Supreme Court examined the constitutionality of Sections 34, 35, 36, 37, 39 and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, which abolished hereditary rights of archakas, mirasidars, gamekars and other temple office‑holders. The petitioners, hereditary priests, co…

Imperial Chit Funds Ltd., a company in liquidation, was served with a tax demand of Rs.1,027 by the Income Tax Officer after winding‑up proceedings had begun. The Official Liquidator argued that the tax claim could not be enforced until the claim was proved in the winding‑up process, invoking the Companies Act’s scheme…

M/s Bangalore Wire Red Mills imported a high reversible mill in 1982 and warehoused it without paying duty, executing a bond under Section 59(1) of the Customs Act, 1962. A notice dated 7 March 1985 required clearance within fifteen days, but the goods were only cleared on 9 September 1988, at which time duty was paid …

A massive fraud involving approximately Rs. 500 crore was uncovered in Bihar's Animal Husbandry, Education, Cooperation and Fisheries Departments, prompting the Patna High Court to order a Central Bureau of Investigation (CBI) probe under Article 226 of the Constitution, without the State government's consent. The Stat…

The Ludhiana Improvement Trust appealed against a High Court order that awarded a uniform compensation of Rs. 107 per square yard for 13 acres of land acquired for commercial‑residential purposes, rejecting the belting system used by the Land Acquisition Officer who had classified portions of the land as levelled‑up an…

The petitioners challenged the Central Government’s exercise of power under Section 4(1) of the Indian Telegraph Act, 1885 to grant licences to private companies for establishing and operating telecommunication services, arguing that the privilege was exclusive to the Government and that the procedure, including a capp…

The Life Insurance Corporation of India (LIC) received a large income‑tax refund for the life‑insurance business in the assessment year 1963‑64, which it claimed should be treated as a profit and deducted under Rule 2(1)(b) of the Income‑Tax Act. The tax authorities argued that only the portion of the refund that had b…

The appellant was seized at a hotel in a notified area under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) after police, acting on prior information, recovered a country‑made revolver with two live cartridges and cash. The seized items were sealed, placed in safe custody and, after a 15‑day dela…

The respondent, D.K. Jain, a member of the Indian Audit and Accounts Service, was appointed Director (Finance) of Fertilizer Corporation of India (FCI) for a term of five years under Article 69 of the corporation's Articles of Association. He later accepted a two‑year appointment as Director (Finance) of Cement Corpora…

A clerk of the Municipal Committee, Bahadurgarh was found to have misappropriated Rs. 1,548.78 and falsified accounts. He was convicted under Section 409 of the Indian Penal Code, later altered to Section 468, and the municipality dismissed him. The Director of Local Bodies reduced the punishment to stoppage of four in…

Padmini Chandrasekharan filed a suit claiming sole ownership of a house in Gandhi Nagar, Madras, and sought an injunction against R. Rajagopal Reddy. The dispute centered on whether the second defendant, Venugopal Reddy, was a benamidar for Rajagopal Reddy under the Benami Transactions (Prohibition) Act, 1988, and whet…

Gyaso Bai executed a will in 1964 bequeathing land to Ram Swaroop, and a probate was granted in 1965. The government later acquired the land and, under the Land Acquisition Act, a reference court directed compensation to be paid in the ratio of two‑thirds to the appellants and one‑third to the respondents as per the wi…

The appellant, the original owner of a parcel of land, sold the property to the respondent on the condition that the respondent would discharge an existing mortgage of Rs.5,000. The appellant himself paid all installments and ultimately discharged the mortgage, while the respondent never did so nor obtained mutation of…

The respondent, an employee of Traders Bank, tendered his resignation on the same day the bank sought to terminate his service by offering three months' pay in lieu of notice and returned the cheque. Traders Bank was later amalgamated with Bank of Baroda under Section 45 of the Banking Companies Regulation Act, 1949, w…

The Directorate of Enforcement prosecuted M.C.T.M. Corp. Ltd. and its directors for failing to repatriate foreign exchange held in Malaysia for over fifteen years, alleging contravention of Section 10(1)(a) of the Foreign Exchange Regulation Act, 1947 (FERA) and imposing penalties under Section 23(1)(a). The Appellate …

The Supreme Court examined whether the Reserve Bank of India (RBI) could, under Section 45K(3) of the Reserve Bank of India Act, issue Paragraph 4A of the 1987 Directions prohibiting residuary non‑banking companies from levying processing or maintenance charges on depositors. Peerless General Finance & Investment Co. L…

The Madhya Pradesh Co-operative Bank Ltd., an apex co-operative bank, claimed that all its income, including interest earned on government securities placed with the State Bank of India/Reserve Bank of India and interest on Provident Fund deposits, arose from its banking business and was therefore exempt under Section …

The Regional Transport Authority (RTA) of Coimbatore, using a marking system, awarded 11 marks to the State Transport Undertaking (Cheran Transport Corporation Ltd.) and 6 marks to a private operator (N.T. Arasu) for the Coimbatore‑Kottur stage‑carriage route, rejecting the private operator's renewal application. The S…

Krishna Kumari, a well‑educated teacher, was found burnt in the kitchen of her matrimonial home about two months after her marriage. The prosecution alleged that her father‑in‑law, husband, sister of the husband and sister‑in‑law killed her over dowry demands, relying on motive, alleged extra‑judicial confessions, thei…

Smt. Jaya Devi, an assistant teacher, was terminated by the Bihar Directorate of Education in 1990 and successfully obtained reinstatement through a writ petition before the Patna High Court. In a later, unrelated writ petition filed by another teacher, the same High Court judge, believing his earlier order to be erron…

The respondent, D.L. Uppal, retired on 31 January 1994 and claimed his pension, which had not been paid. The Punjab & Haryana High Court ordered payment of gratuity with 12% interest and directed that the pension be computed on the basis of his last drawn emoluments, subject to a pending determination of the correct sc…

The Ahmedabad Municipal Corporation acquired strips of land for a Ring Road under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer fixed compensation at Rs 50‑80 per square metre, which the claimants challenged under Section 18, leading the City Civil Court to enh…

The Supreme Court heard an appeal against a Kerala High Court order that replaced a member of the selection committee for clerks in Guruvayoor Devaswom with the Director of Training, a judicial officer, and made the Director an observer in the interview process. The appellant argued that the High Court's direction impr…