Judgments of 1996

The dispute arose from a leasehold property originally owned by a Tarwad, which was taken by an ex parte decree in 1942 and sold at a court auction to the decree‑holder Mohammed Haji. The decree‑holder subsequently leased the land to Raghavan Nair, whose rights were later assigned to P.K. Abdulla, the respondent. The e…

Ram Avtar, a Mali‑cum‑Chowkidar employed by Haryana Warehousing Corporation, was stopped at the efficiency bar for the years 1988 and 1989 and faced adverse remarks in his 1986‑87 confidential report. He challenged the orders through writ petitions; the High Court dismissed the first petition but allowed the second, di…

The case concerned a partition suit over land originally owned by Ummini, whose five sisters inherited his interest and executed an Ottikuzhikanam deed in favour of the first defendant. The first defendant later released his interest to the second defendant, who also obtained a sale deed from a man claiming to be Ummin…

The Uttar Pradesh Jal Nigam acquired 0.23 acres of land for a pumping station by publishing a Section 4(1) notification on 8 March 1973, taking possession on 5 July 1973 and issuing a Section 6 declaration on 9 October 1973. The respondent, Kalra Properties, purchased the land in 1989 after the acquisition and sought c…

The appeal arose from an order of the Karnataka Administrative Tribunal rejecting a service matter involving P.S. Ramakrishna. The appellant argued that a notice sent on 28 September 1993, which was returned marked “Not present”, should be deemed served on the respondent. The Tribunal had not treated the notice as serv…

The Commissioner of Commercial Tax appealed against an Andhra Pradesh Administrative Tribunal order that held Rule 22 of the State and Subordinate Service Rules did not apply to appointments by promotion for Scheduled Castes and Scheduled Tribes. The Supreme Court examined Rule 5 of the A.P. Commercial Tax Subordinate …

The State of Karnataka and the Union of India issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire 114 acres for the Defence Research & Development Organisation, dispensing with the enquiry under Section 5A by invoking Section 17(4) and publishing a declaration under Section 6 on June 2…

The Supreme Court examined an appeal by the State of Tamil Nadu against a Madras High Court order that had quashed a notification under Section 4(1) of the Land Acquisition Act, 1894, on the ground that it was vague because the development scheme was not fully formulated. The Court held that a scheme need not be comple…

Umrah Khatoon filed a suit claiming an easement right to discharge drain water over the land of Md. Zafir Khan. The trial court decreed in her favour and the first appellate court affirmed the decree. The High Court reversed, holding the suit non‑maintainable because the plaint also asserted title to the land, deeming …

The petitioner, a manager of the Food Corporation of India, was removed from service after a joint disciplinary enquiry found him guilty of dereliction of duty for failing to verify a fraudulent transport contract obtained by a notorious contractor impersonating another person. The petitioner challenged the validity of…

The appellant, a Reserved Police Constable, applied for recruitment to the post of Sub‑Inspector under Government Order No. G.O. Ms. No. 55/66/HOME dated 11 February 1966, which permitted graduates employed in any branch of the police department and within the age limit to apply. He was rejected on the ground that he w…

The case concerned promotion to the post of Senior General Manager in the Indian Ordinance Factories under the Indian Ordinance Factories Service Rules. The Union of India argued that the Central Administrative Tribunal erred by directing the government to ignore the Annual Confidential Reports (ACRs) of 1994 and to co…

The Allahabad University had begun recruitment for two Reader posts before the U.P. Public Services (Reservation of Scheduled Castes, Scheduled Tribes and Backward Classes) Act, 1994 came into force. After the Act became effective (retrospectively from 11 December 1993), the Chancellor directed the Vice‑Chancellor to a…

The State of Punjab initiated disciplinary action against Dharm Singh for failing to report for duty during his suspension from 21 November 1991 to 31 October 1992. An inquiry concluded that his absence was wilful, leading to his removal from service. The Punjab & Haryana High Court set aside the removal on the ground …

Head Constable Kuldip Singh was dismissed from the Punjab Police without a departmental enquiry under proviso (b) of Article 311(2) of the Constitution, on the ground that it was not reasonably practicable to hold an enquiry because witnesses feared for their lives. The dismissal was based primarily on a confession he …

The Patiala Central Cooperative Bank and its employees' union entered into a comprehensive settlement on 28 May 1973, valid for four years, covering pay scales and dearness allowance. After the settlement expired on 31 March 1977, the bank issued a notice on 25 February 1978 under Section 19(2) of the Industrial Disput…

The Delhi Development Authority (DDA) allotted 5,000 plots in Rohini, Delhi, but a stay ordered by the High Court on land acquisition delayed issuance of allotment letters. After the stay was vacated, the DDA recalculated plot costs using a cost‑of‑living index escalation of 16.62% per annum, whereas the High Court had…

Pfizer Ltd., a pharmaceutical manufacturer, terminated two security staff members (respondents) after they were arrested for alleged theft, invoking its standing order for loss of confidence. The respondents filed complaints under Section 28 of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour …

The appellant, a Tehsildar, challenged an adverse remark in his 1988‑89 Annual Confidential Report that he "does not act dispassionately when faced with dilemma." The Supreme Court held that adverse remarks must be based on specific instances and the officer must be given an opportunity to respond. Since the remark was…

The respondent, an Income‑Tax Officer, was dismissed from service and filed a suit challenging his dismissal. The suit was decreed, resulting in his reinstatement, but the arrears of salary were not paid, prompting a writ petition in the High Court which ordered payment of all arrears. After the arrears were paid, the …

Sh. Mohinder Singh Jagdev was appointed as a Section Officer in the Central Public Works Department in 1956 but was found to have obtained the appointment using false certificates. He was suspended and later terminated on 10 September 1957 under Rule 5 of the Central Government (Temporary) Service Rules, 1949, while cr…

The State of Karnataka initiated disciplinary proceedings against G.M. Hayath under Rule 6(1) of the Karnataka State Police Disciplinary Proceedings Rules, 1965, alleging that he had submitted a false income certificate at recruitment, claiming his father's income exceeded the Rs 1,000 per annum ceiling. The Tribunal h…

The Food Corporation of India (FCI) had employed 464 handling mazdoors at its Siliguri depot, first through a contractor, then via a direct‑payment system, and later reverted to the contractor method. The workers, represented by their union, claimed that the re‑introduction of the contractor system was illegal and that…

The appellants, owners of rubber estates, sold old, unyielding rubber trees during the assessment years 1968-69 to 1978-79. The Income Tax Officer treated the difference between the sale price and the notional price fixed under Section 55(2) of the Income Tax Act as capital gains and also taxed the replantation subsidy…

Sri Krishna Pvt. Ltd. claimed large unsecured hundi loans in its return for AY 1959‑60. In the assessment of the subsequent year (AY 1960‑61) the Income Tax Officer discovered that many of those loans were bogus and that the alleged lenders were near relatives of the company’s directors. Relying on this, the Officer is…

The State Bank of Bikaner and Jaipur ordered a fresh disciplinary inquiry against employee Ajay Kumar Gulati, appointing a new inquiry officer despite an earlier report finding the charges established. Gulati challenged the order in a writ petition before the Delhi High Court, contending that the de novo enquiry should…

Comorin Match Industries (Pvt.) Ltd. challenged Central Sales Tax assessments for the years 1957-58 to 1965-66 on the ground that the tax was levied on turnover that included excise duty, which the Madras High Court had held to be illegal. The High Court quashed the assessments, but the State of Tamil Nadu did not appe…

The assessees, Smith Kline and French (India) Ltd., claimed a deduction for a surtax liability of Rs. 76,777 under the Companies Profits (Surtax) Act, 1964 while computing their total income for AY 1976-77. The Income Tax Officer disallowed the deduction based on Section 40(a)(ii) of the Income‑Tax Act, which bars any …

The dispute concerned the width of a common road on property jointly purchased by the parties in Nasik. The trial court and the appellate court, after extensive consideration of oral and documentary evidence, found that a 30‑foot wide road existed and enjoined the defendants to remove encroachments. The Bombay High Cou…

The appellant, S. S. Sanyal, was occupying premises as a tenant of India Foils Ltd. when the landlady sold the property to Habitat Developers, who obtained a decree for specific performance and possession. Although the decree was against the landlady, the appellant was not impleaded nor was any eviction order passed ag…

The Improvement Trust, Moga initiated a truck diversion scheme under Section 36 of the Punjab Town Improvement Act, 1922, acquiring 15.5 acres for a new market. Notices of the scheme and objections were published in newspapers and the Gazette as required by the Act, and the scheme was approved under Section 40. The res…

Nandlal Raigar, an accountant in the Rajasthan Telephones Department, was dismissed on May 9, 1973 for alleged fabrication of records. After exhausting departmental appeals, he filed a suit in 1980 seeking a declaration that his dismissal was illegal. The trial court dismissed the suit on limitation grounds but noted p…

The appellant, J. Jose Dhanapoul, challenged an order of the Tamil Nadu Administrative Tribunal that annulled the appointment of S. Thomas without the appellant being made a party to the proceedings. The Tribunal had issued the impugned order on June 15, 1993, cancelling Thomas's appointment, but the appellant was neit…

In a suit for ejectment filed on 5 April 1984, the respondent entered into a compromise and a decree for eviction was subsequently recorded. The respondent failed to deliver possession, prompting the appellant to file an execution petition. The respondent first challenged the validity of the compromise decree under Sec…

The Ranchi Municipal Corporation demanded Rs 1,01,501 as service charges from the Railways for the years 1993‑94 and 1994‑95. The Union of India challenged the demand, and the Patna High Court upheld it. On appeal, the Supreme Court examined whether the municipality could levy such charges under Section 135 of the Rail…

Babulal obtained a decree for specific performance of a contract for sale of immovable property, but the decree did not grant possession. When the decree‑holder sought to execute the decree, Raj Kumar (the appellant), who was not a party to the decree, claimed a right in the property and obtained an injunction. He obje…

Cholamandalam Investments & Finance Co. Pvt. Ltd. filed a suit in the Madras High Court for recovery of money under a hire‑purchase agreement that contained a clause granting exclusive jurisdiction to Madras courts. Radhika Synthetics Ltd. later instituted a suit in the Bombay High Court claiming damages, relying on a …

The landlord, Ram Saran, let a shop to a tenant who later formed a registered society, Mahavir Gram Udyog Samiti, comprising himself and his family, and began paying rent through the society as its President. The landlord sought eviction under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1971, alleging un…

Delhi Cloth & General Mills Ltd. and another established a fertiliser unit in the villages of Raipura and Ummedganj, which were treated as part of Kota municipality and were levied octroi. The State of Rajasthan later issued a Kota Municipal Limits (Continued Existence) Validating Act, 1975 that deemed the villages to …

The State of Punjab appealed the acquittal of Gurmit Singh and two others for abduction, wrongful confinement and rape of a minor girl. The trial court had disbelieved the prosecutrix, citing her ignorance of car details, alleged delay in filing the FIR, and alleged family enmity. The Supreme Court held that the girl’s…

The case concerned the seniority of Assistant Executive Engineers (formerly Junior Engineers) in Andhra Pradesh's Public Health & Municipal Engineering Department. After the 1970 ban on direct recruitment, temporary and ad‑hoc appointments were made, followed by a Special Qualification Test (SQT) in 1975 and later regu…

The deceased, Rajadurai, was riding a motorcycle when a bus collided with him after he swerved to avoid a car, resulting in his death. The Tribunal awarded Rs. 1,00,000 compensation, reducing it by 40% for the deceased's contributory negligence, leaving Rs. 60,000 payable. The Madras High Court reversed this, holding t…

The Special Land Acquisition Officer sought to acquire 1 acre 6 guntas of land for defence purposes. The land was requisitioned in 1965 and rentals were fixed at Rs 4 per sq ft under the Acquisition and Requisition of Immovable Property Act, 1952. The Collector’s award under the Land Acquisition Act, 1894 was Rs 24,250…

The Supreme Court examined a civil appeal challenging a preliminary decree for partition of the Konchukakkada property. The trial court had placed the burden of proof on the plaintiffs, a view corrected by the appellate court, but the appellate court failed to properly consider key documentary evidence establishing the…

The Federation of Customs House Agents Association and others filed a writ petition challenging Regulation 8 of the Customs House Agents Licensing Regulations, 1984, which permitted the grant of a temporary licence to act as a customs house agent without first passing the qualifying examination required under earlier r…

Rani Devi and Anguri Devi, widows of Apprentice Canal Patwaris who died while in service, filed writ petitions seeking appointment to class‑IV posts on compassionate grounds. The Punjab & Haryana High Court directed the State of Haryana to appoint them, but the State appealed. The Supreme Court held that the term "empl…

The State of Tamil Nadu appealed against the Madras High Court’s order that suspended the convictions and sentences of four public servants, including A. Jaganathan, who had been convicted under IPC sections 392, 218, 466 and the Prevention of Corruption Act. The High Court had relied on Rama Narang v. Ramesh Narang, h…

The petitioners alleged that test firing exercises at a range near Itarsi in Madhya Pradesh were endangering the lives of tribal people who entered the area to collect firewood, resulting in injuries and deaths, thereby violating their right to life under Article 21 of the Constitution. The Supreme Court, recalling its…

The petitioners, recruited as legal assistants in 1963 and 1964, retired after 25 years of service and claimed an additional five years of qualifying service for pension computation under Rule 2423-A of the Railway Establishment Manual II. The Central Administrative Tribunal allowed their claim, but the petitioners app…

The petition challenged a land acquisition made in 1953 for the establishment of an Indian Institute of Technology, where 60.8 acres were later transferred to the National Institute of Technology (NITIE) by a government resolution. The petitioner, a sub‑lessee, claimed that he was not given notice under Section 5‑A of …

G.N. Rao challenged the compensation awarded by the Land Acquisition Officer for 7 acres of land in Nizamabad acquired under Section 4(1) of the Land Acquisition Act, 1894. The High Court had fixed compensation at Rs 32,000 per acre, relying on sale deeds of adjacent lands and a claim of potential value. Rao argued tha…

The Bihar State Electricity Board (BSEB) entered into a supply agreement with M/s Bijoy Mining Co. Ltd. which required the consumer to pay an annual minimum guarantee charge. The consumer objected to a bill on the ground that erratic supply prevented it from taking the contracted amount, invoking clause 13 of the agree…

The appellant, Kashmir Chand, bought a plot in an open auction in July 1971 for Rs 46,000 but paid only Rs 11,500, leaving a balance of Rs 34,500. Over more than 21 years he failed to pay the balance, and the authorities demanded a larger sum of Rs 3,78,000, which he also defaulted on. He filed a writ petition in the P…

The Union of India appealed against a promotion order that deviated from the rule of granting 50% of the quota and an additional two‑year benefit to Upper Division Clerks under the Employees Provident Fund and Miscellaneous Provisions Act, 1952. Section 5‑D(7)(a) of the Act requires prior approval of the Central Govern…

Vasant Gangaram Sa Chandan was appointed as Peon‑cum‑Watchman in the Hyderabad Agricultural Committee on 1 April 1957 and, after the reorganisation of states, transferred to the Krishi Utpadan Bazar Samiti, retiring on 1 April 1991 after about 35 years of service. The pension scheme of the Market Committee stipulated t…

The Haryana Urban Development Authority (HUDA) invited applications for school sites in Panchkula and allotted 11 of 23 plots, denying eight applicants. The denied applicants challenged the allotment procedure, leading to a single judge finding procedural faults but upholding the allotments because schools were already…

Betal Singh was convicted of murdering his wife Kamla by setting her ablaze, an offence under Section 302 of the Indian Penal Code. The conviction was based primarily on Kamla's dying declaration recorded by a police officer under Section 32 of the Evidence Act, which alleged that her husband had doused her with kerose…

The respondent, a Scale‑I officer of the Central Bank of India serving as Branch Manager, was charged with ten counts of allowing overdrafts, issuing guarantees and sanctioning loans beyond his delegated authority. An enquiry found several charges fully established and others partially, leading to his dismissal. The Or…

Kanta Prasad D. Patel purchased a site in 1965 and erected sheds, claiming the structures existed before April 1, 1962 based on a lease from the previous owner. The Municipal Corporation of Greater Bombay issued a demolition notice; the Deputy Municipal Commissioner initially allowed retention of a 30'x30' shed in 1983…

The State of Maharashtra appealed a High Court order that had granted enhanced compensation to Maruti Laxman under the Land Acquisition (Amendment) Act, 1984. The original acquisition notice was issued in 1969 and the Land Acquisition Officer awarded Rs.1,000 per acre in 1972. A civil court enhanced this award to Rs.2,…

The appellants, Head Constables, had passed a merit‑based written test for promotion to Sub‑Inspector under the Andhra Pradesh State Police Subordinate Service Rules, which require promotion on the basis of merit and ability. The Government later issued a G.O. (No. 585) amending the Police Standing Orders to prescribe …

The parties entered into a sale agreement on 7 April 1969 for a 100‑square‑yard plot in Delhi, with a price of Rs 16,000 and Rs 2,500 paid as earnest money. The buyer (appellant) failed to execute the sale deed, and the seller (respondent) sued on 13 July 1970 for specific performance, alternatively claiming damages of…

The first respondent filed a suit on 30 October 1981 seeking a declaratory decree that she was the absolute owner of 6 acres 25 gunthas of land at Raichur. The appellants were later impleaded as respondents under Order 1 Rule 10 of the CPC but, despite repeated adjournments, failed to file a written statement, leading …

H.B. Singh, who served in the Indian Army from 1959 to 1976 and later joined the Haryana State Government in 1978, challenged a 1976 amendment to the Punjab National Emergency (Concession) Rules, 1965 that narrowed the definition of "Military Service" to only those who enlisted during the 1962 emergency, thereby withdr…

The Supreme Court examined the validity of the Gujarat High Court Full Bench's guidelines in Kamlaben v. Oriental Insurance, which required a ten‑year waiting period and periodic payments by the insurer for motor accident compensation. The Court held that these guidelines conflicted with the Supreme Court’s earlier dir…

Ashish Handa, an advocate, challenged the appointment of former High Court Judge M.R. Agnihotri as President of the Haryana State Consumer Disputes Redressal Commission, alleging non‑compliance with the proviso to Section 16(1)(a) of the Consumer Protection Act, 1986 which requires consultation with the Chief Justice o…

The State of Goa appealed a Bombay High Court order concerning land acquisition under the Land Acquisition Act, 1894. The appeal raised issues already decided in the Supreme Court’s judgment in Babua Ram & Ors. v. State of U.P. & Anr., which the Court affirmed applied to the present case. After condoning delay and gran…

The National Thermal Power Corporation acquired a large tract of land under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially fixed compensation at Rs 3,000 per acre, which the Sub‑Judge enhanced to Rs 6,500 per acre, a decision affirmed by the Andhra Pra…

M. Ramjayaram applied for the post of Law Assistant in South Central Railway and scored over 60% in the written test and performed well in the viva. Two other candidates were awarded an additional 15 marks for seniority under Rule 320 of the Railway Establishment Code, which gave them a higher total score and led to th…

In execution of a money decree, a mortgaged property valued at Rs 75,000 (later reduced to Rs 50,000) was auctioned and sold for Rs 15,100, with the mortgagee himself submitting the winning bid. The appellant, the judgment debtor, challenged the validity of the sale under Order 21 Rule 97 of the CPC, arguing that the s…

The Supreme Court examined an appeal by landowners whose 33 acres of a 194‑acre industrial acquisition near Dharwad had been valued at Rs 56,000 per acre by the Karnataka High Court after a series of enhancements and reductions. The appellants argued that the High Court erred by applying a 65% deduction for development…

The appellant challenged the Karnataka High Court’s reduction of compensation for 13 acres of land acquired under a 1979 notification. The land, situated at a considerable distance from any developed area, was initially valued at Rs 18,000 per acre by the Land Acquisition Officer, later inflated to Rs 5,61,729 per acre…

The Supreme Court examined an appeal by V.G. Kulkarni challenging the Karnataka High Court’s reduction of compensation for land acquired under Section 4(1) of the Land Acquisition Act, 1894. The notification dated 21 January 1982 acquired 20 acres and 4 gunthas for industrial development, with the Land Acquisition Offi…

The State of Gujarat acquired land in Sarigam for industrial purposes under the Land Acquisition Act, 1894. The land owners had entered into agreements with the Gujarat Industrial Development Corporation (GIDC) in 1980 and 1985, accepting a compensation of Rs. 22,857 per hectare inclusive of solatium and other benefits…

The tenant, Jain Motor Car Co., was served an eviction petition by the landlord, S.P. Jain, for defaulting on rent payment and alleged sub‑letting. The Rent Controller ordered the tenant to pay arrears within one month and to continue depositing monthly rent by the 15th, but the tenant paid the February rent late, on 3…

The respondents, who were the khewatdars of land classified as “Shamlat deh” in village Brahman Majra, claimed that the land reverted to them after the Gram Sabha was abolished, invoking Rule 3 of the Punjab Gram Panchayat Rules, 1965. The Municipal Committee of Sirhind argued that the land had vested in it when a noti…

The National Council for Cement and Building Materials, a society, was challenged by its employees’ association to prepare certified standing orders under the Industrial Employment (Standing Orders) Act, 1946. The society argued that it was not an “industry” within the meaning of the Industrial Disputes Act, 1947, and …

Ritesh R. Shah, a reserved‑category candidate, applied for admission to the MBBS course in Maharashtra for 1995‑96 but was denied because other reserved‑category applicants were admitted against the reserved quota despite being eligible on open‑merit grounds. He challenged the state’s selection rules, arguing that coun…

The respondents were appointed as temporary Investigators‑cum‑Computer under a scheme that was later cancelled, but they were allowed to continue in service by an interim order of the Allahabad High Court. While still serving, they filed a writ petition seeking the same salary as regular investigators, invoking the pri…

Jyoti Ltd., a Baroda‑based company, claimed that its reserves for doubtful debts (Rs 85,000) and gratuity (Rs 5,60,000) should be treated as part of its capital base for computing statutory deduction under the Companies (Profits) Surtax Act, 1964. The Surtax Officer excluded the amounts; the Appellate Assistant Commiss…

The respondents, who had been directly appointed as casual mates in Class III of the Northern Railway, were later regularised as gangmen (Class IV) by the railway authorities. They contended that their long‑term service as mates and the temporary status conferred upon them entitled them to be regularised as mates. The …

The case involves Ram S. Sharma, a government servant who discovered, after 25 years of service, that his date of birth recorded in the service records was incorrect. He claimed that his correct date of birth was January 2, 1939, instead of the recorded December 16, 1934, and sought correction. The Central Administrati…

In this civil appeal, the appellant J.L. Jain challenged the decision of the Central Administrative Tribunal that denied a reopening of a departmental inquiry against him. The appellant sought a one‑time opportunity to participate in the inquiry, present his defence, and cross‑examine witnesses. The respondents argued …

The respondent was convicted of murder and sentenced to life imprisonment, having been in custody since September 1983. She filed an application in the High Court seeking premature release, and the High Court ordered her release on the ground that the State had failed to file a counter‑affidavit despite multiple adjour…

The respondent, L. Srinivasan, an Assistant Section Officer in the Prohibition and Excise Department, was suspended and a departmental inquiry was ordered while a charge‑sheet for embezzlement and fabrication of false records was filed and a criminal trial was pending. The Tamil Nadu Administrative Tribunal set aside t…

The appellant sought eviction of the Rashtriya Swayam Sewak Sangh (RSS Sangh) from premises it occupied. The Sangh was represented in the suit by its manager, president and a member, and the trial court dismissed the suit. The Madhya Pradesh High Court, on appeal, decreed ejectment in favour of the appellant, but the r…

Darshan Singh, a bus conductor employed by the State of Punjab, was removed from service on 26 May 1989 for alleged misconduct of collecting fares without issuing tickets, which was deemed fraud. The removal order also listed his earlier punishments, leading the trial court to hold that the authority had considered tho…

The appellants, whose land was acquired under the Land Acquisition Act, 1894, entered into an agreement with the municipal corporation to receive two‑thirds of the compensation at a rate of Rs.40 per square yard, with interest fixed at 4% per annum from possession. The compensation award was later enhanced to Rs.300 pe…

The State of Uttar Pradesh acquired 13.75 acres of land for a government college and the Land Acquisition Officer initially fixed compensation at Rs 11,887.78 per acre. A District Judge later awarded Rs 5 per square foot and the High Court reduced it to Rs 3.30 per square foot, relying on sale deeds of small parcels th…

The appellants, former employees of the Army School, Jalandhar, claimed that the school had failed to pay the minimum wages fixed by the State Government and filed an application under Section 20(2) of the Minimum Wages Act, 1948. The Authority initially granted relief, but the Punjab & Haryana High Court set aside tha…

The State of Madhya Pradesh acquired land belonging to Hiralal and others and the respondents claimed compensation under the Land Acquisition Act, 1894 as amended by Act 68 of 1984, which purported to provide enhanced compensation and solatium. The High Court had allowed their claim, but the State appealed. The Supreme…

The case concerned compensation for land acquired under the Land Acquisition Act, 1894 for a telephone exchange in Narasaraopet. The acquisition officer initially awarded Rs 40 per square yard, which was enhanced to Rs 75 per square yard by the Subordinate Judge on the basis of four sale deeds executed in 1978 at rates…

The State acquired land in Etmadpur Village under the Land Acquisition Act, 1894 and the Collector awarded compensation under Section 11. Ramesh Singh and Hari Singh sought a reference under Section 18, which was dismissed, while Ruma Singh obtained a higher award after a reference and a decree under Section 26. The pe…

The case concerned an appeal by Improvement Trust, Sangrur against Gurjjt Singh Sandhu and others under the Land Acquisition Act, 1894. The dispute centered on whether the respondents were entitled to the additional amount provided under Section 23(1A) of the Act, as amended by Act 68 of 1984. The Collector’s award was…

The second respondent, who held an M.Sc. in Medical Biochemistry and worked as a professor, applied to be entered in the State Medical Register but was denied because he lacked an MBBS degree. He obtained a writ order from the Rajasthan High Court directing his registration, which was later set aside by the High Court …

The State of Tamil Nadu filed an application seeking modification of the Supreme Court’s July 22, 1996 order that continued the August 18, 1994 order directing a 69% reservation for backward classes, SCs and STs in medical, engineering and other educational institutions and the creation of additional seats for general‑…

The assessee, Karam Chand Thapar & others, acted as a del credere agent for coal collieries and as an agent for coal purchasers. It claimed "under‑charges" from collieries for freight overcharges on under‑loaded wagons, received the amounts before any purchaser claim, and paid purchasers when they demanded reimbursemen…

The appellants, Shree Krishna Gyanoday Sugar Ltd., operated several distilleries licensed to manufacture denatured spirit, other industrial spirits and potable liquor. The State of Bihar, via the Superintendent of Excise, demanded that the appellants bear the establishment costs of excise staff posted at the distilleri…

The petitioner had agreed to purchase a house from the first respondent, Dwarka Prasad Mathur, and paid the consideration. Before taking possession, the second respondent obtained a decree of specific performance in a separate suit, which the petitioner challenged in suit 121‑A of 1984 on the ground of fraud. Both resp…

The petitioner, a government employee, was convicted under Section 509 of the Indian Penal Code and fined Rs.200, a conviction that was final and involved moral turpitude. He sought a reference to the Industrial Tribunal under Section 10 of the Industrial Disputes Act, 1947 to contest his dismissal. The High Court init…

The State of Haryana issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land in Rewari district. The respondents argued that a government policy excluded lands on which buildings had been constructed and that their shops were built before the notification, seeking exemption and compen…

The Supreme Court examined whether two members of the Bihar University (Constituent Colleges) Service Commission, Dr. B.P. Yadav and Prof. Suresh Prasad Singh, possessed the statutory qualification of being Professors as required by Section 6 of the Service Commission Act, given that their promotions to Professor were …

The Election Commission issued a notification for a bye‑election to the Udhampur Parliamentary Constituency and, after a reference by the Returning Officer, directed a repoll at certain polling stations, which was carried out. The election result was challenged before an election petition, and the High Court set aside …

The case concerned acquisition of 171.46 acres of agricultural land in Moradabad for UPSIDC. The Land Acquisition Officer initially fixed compensation at Rs 15,500 per acre, which was later increased by the District Court to Rs 40,000 and by the High Court to Rs 50,000 per acre based on sale deeds and oral evidence. Bo…

Sh. A. Chinnappa contested the Bethamangala Assembly seat in Karnataka, which was reserved for Scheduled Castes, claiming he belonged to the Mundala caste listed in the Presidential notification under Article 341. The Karnataka High Court held that he actually belonged to the Mondy/Mondigaru caste, which is not include…

Y.H. Pawar was appointed as a Class III employee on an ad‑hoc basis on 22 March 1960 after being called from the Employment Exchange. When the Ministerial Recruitment Rules were later framed, he was regularised on 6 May 1968 with seniority from the date of selection under the new rules. Pawar contended that his seniori…

The appellant, K.D. Dangde, was a tenant of agricultural land owned by Anjanabai, a widow and member of a joint family, from before 1 April 1957. A partition suit in 1961 resulted in the land being allotted to Anjanabai, who later applied for an exemption certificate under Section 88C of the Bombay Tenancy and Agricult…

The Chandigarh Administration allotted 10.5 acres of land to the managing society for 99 years in 1975, fixing the ground rent at Rs 100 per acre per annum, which was lower than the rate mandated by Rule 13 of the Chandigarh Lease‑hold of Sites and Buildings Rules, 1973. In 1991 the Estate Officer issued a notice deman…

The case involved a dispute between two rival managing committees of Sri Ratnamuni Jain Inter College, Agra. The education authorities initially recognized the appellants' scheme of administration but later withdrew that recognition, prompting the appellants to file a civil suit seeking an interim injunction. The respo…

M/s Dodsal Pvt. Ltd. entered into a contract with the Delhi Electric Supply Undertaking (DESU) that contained an arbitration clause. DESU later challenged the arbitral award, arguing that the contract was void because it violated Sections 201 and 203 of the Delhi Municipal Corporation Act and a bye‑law, rendering the a…

K. Nandakumar was injured in a collision between his motorcycle and a bus owned by Thanthai Periyar Transport Corporation on 15 January 1987, resulting in permanent disability. He filed a claim under Section 92-A of the Motor Vehicles Act, 1939 for no‑fault compensation, but the Motor Accidents Claims Tribunal and the …

Mukhtar Ahmed filed a suit seeking a declaration that he was entitled to a two‑thirds share in a house as a co‑owner. Earlier, in a suit filed by a co‑sharer, the court had determined that the co‑sharer was only entitled to a one‑fifth share, and that decree became final. The issue before the appellate court was whethe…

The land originally owned by Smt. Kokilla was acquired by the State under the Land Acquisition Act, 1894, with a notification on 15 April 1928 and a declaration on 28 July 1928 for a public purpose. Compensation was paid and, under Section 16 of the Act, the land vested in the State free of all encumbrances, extinguish…

The appellant purchased an undivided interest in a 106‑acre parcel where the respondent was the tenant in actual possession. A revenue forum initially held both parties to be tenants in common, but a later appellate order declared the appellant not to be a tenant, making the respondent the sole tenant. The appellant so…

The Balmokand Khatri Educational and Industrial Trust challenged the acquisition of its land by the State of Punjab, arguing that the government illegally dispensed with the enquiry required under Section 5-A of the Land Acquisition Act, 1894 by invoking the urgency clause in Section 17(4) for the purpose of providing …

The Steel Authority of India sued New Marine Coal Co. to recover Rs 1,13,000 for coal supplied under an agreement that required Grade‑I coal between Dec 1962 and June 1967. Instead, Grade‑II coal was delivered but the plaintiff collected the price of Grade‑I, and the contract contained a clause permitting adjustment of…

The petitioner sought special leave to challenge a Himachal Pradesh High Court order that appointed a Local Commissioner (Tehsildar) to re‑measure a disputed land parcel and relied on the Commissioner’s report indicating encroachment by the respondent. The High Court, after examining the report, upheld the appellate co…

The State of Gujarat acquired 68 hectares of land for an irrigation scheme under the Land Acquisition Act, 1894. The initial compensation award was later enhanced, but the Reference Court, lacking sale deeds, relied on oral evidence of yield and deducted one‑third of the market value. The High Court affirmed this award…

The Manipur Tea Co. Pvt. Ltd. challenged the compensation awarded for 123 Bighas of its tea estate acquired under the Land Acquisition Act, 1894 for railway construction. The Supreme Court examined whether sale statistics and three sale deeds relating to agricultural land could be used to determine compensation for tea…

The Supreme Court examined complaints lodged before the Andhra Pradesh Lokayukta against several officials—chief executive officer of a state cooperative union, a business manager of a handloom cooperative, a clerk of a wool cooperative, and a divisional manager and doctor of the State Road Transport Corporation. The H…

The Supreme Court examined a suit filed by three brothers challenging a 1959 sale deed by their father, the Karta of a Mitakshara joint Hindu family, which conveyed an ancestral house to the defendants. The plaintiffs argued the father lacked authority to alienate their undivided 3/4 share and that the suit was barred …

The Supreme Court examined the murder of 12‑year‑old Arun Rai, alleged to have arisen from a dispute over the price of milk. The trial court convicted Mithilesh Rai (Sec.302 IPC, death sentence) and Madan Rai (Sec.302 read with Sec.109 IPC, life imprisonment); Raj Naresh Rai was acquitted. On appeal, the High Court set…

The State of U.P. appealed against the Allahabad High Court’s acquittal of Raghubir Singh (A‑2) in a murder‑kidnapping case involving the death of a six‑year‑old boy, Ashok. The trial court had convicted both accused, Manpal Singh (A‑1) and Raghubir Singh, under IPC sections 364, 302 and 34 based on the testimony of th…

Jahar Singh, an employee of the Savings Bank Control Organisation (SBCO), qualified in the 1992 examination for Accountant posts in the Post Office and Railway Mail Service but his candidature was cancelled on the ground that he was a Lower Division Clerk (LDC) and therefore ineligible. The appellant challenged the can…

On 26 July 1986 the appellant Devinder allegedly attacked Ramphal with a knife, inflicting chest and abdominal injuries in the presence of two eyewitnesses. The victim was taken to a hospital, where a medico‑legal report recorded his details and the manner of injury but omitted the assailant's name; he died the followi…

The All India State Bank Officers Federation filed writ petitions under Article 32 challenging the State Bank of India's 7 March 1989 promotion policy for moving officers from Senior Management Grade Scale V to Top Executive Grade Scale VI. The petitioners argued that the policy was arbitrary for raising the minimum se…

The Supreme Court examined the criminal proceedings arising from the 1984 Bhopal gas tragedy, where a leak of methyl isocyanate (MIC) from a Union Carbide India Ltd plant caused thousands of deaths and injuries. Twelve individuals, including Keshub Mahindra and other senior officials, were charged under IPC sections 30…

The appellant, a Superintendent of Jail in leave reserve (Class II), petitioned the Chief Minister for a transfer to Behrampur so he could settle before retirement. The government honored his request and transferred him to a Superintendent of Circle Jail (Class I) post, where he served from April to October 1978 before…

The petitioner, a former Indian Navy captain, was detained in 1988 on suspicion of carrying atomic and defence secrets and was prosecuted under the Official Secrets Act and the Atomic Energy Act after consent from the Attorney General and authorisation from the Chief Vigilance Officer of the Department of Atomic Energy…

D.C.M. Ltd. owned two sugar factories and expanded them after receiving a licence in February 1975. The Government announced an incentive scheme in November 1975 offering a higher quota of levy‑free sugar to factories that expanded between 1 Nov 1975 and 20 Oct 1980. The sugar market was decontrolled from August 1978 t…

The appellant, widow of a saw‑mill owner who defaulted on employer's provident fund, challenged the auction sale of the owner's land on the ground that the successful bidder (first respondent) failed to deposit the balance of the bid within the two‑month period prescribed by Sections 202 and 203 of the Maharashtra Land…

The State of Tamil Nadu challenged orders of the Appellate Assistant Commissioner that were partly against the Revenue and partly in favour of the assessee, Tyl. Jeevanlal Ltd. The issue was whether the Board of Revenue could, suo motu, revise the portion of the order adverse to the Revenue after the assessee had appea…

The Supreme Court heard the appeal of M. Govindaraju, who sought a one‑seventh share in his father's joint Hindu family property. Govindaraju was born to Pappammal, who had earlier been married to Koala Gounder but left his house in 1942‑43 and thereafter lived with Munisami Gounder, the father of the appellant. The Hi…

The case concerns the award of compensation for land acquired under a notification issued under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially fixed compensation at Rs. 2,000 per bigha, which was later enhanced by the Additional District Judge to Rs. 2,000‑3,000 per bigha, and fi…

Smt. Gayatri Devi Pandey, originally appointed as a School Psychologist and later regularised as an L.T. Grade teacher, was subsequently appointed on an ad‑hoc basis as Assistant Psychologist and promoted to Vocational Guidance Counsellor. She sought regularisation in these posts, but her representation was rejected. T…

The appellants, manufacturers and dealers of Ayurvedic and Unani medicines, challenged the validity of the Tamil Nadu Spirituous Preparations (Control) Rules, 1984, which require licences for the sale of any medicinal preparation containing alcohol or intoxicating drugs. They argued that the rules imposed unreasonable …

The New Bank of India, a loss‑making nationalised bank, was merged with Punjab National Bank under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980. The Central Government, in consultation with the Reserve Bank of India, framed a Placement Scheme to determine the inter‑se seniority of the tran…

The appellant, a lessee of a shop, was granted a mortgage by the lessor in his favour on 18 July 1974 for Rs.13,000. After the mortgage period expired, the lessor filed a suit for redemption of the mortgage and recovery of possession. The trial court granted a preliminary decree for redemption and possession, and the H…

The State Bank of Patiala had, in several assessment years, transferred sums to a "bad and doubtful debts" account and claimed that these amounts were "reserves" under the Companies (Profits) Surtax Act, 1964, thereby eligible for statutory deduction. The Income Tax Officer rejected the claim, but the Income Tax Appell…

Ramjanam filed a suit under Sections 59 and 61 of the Uttar Pradesh Tenancy Act, 1939, claiming hereditary tenancy rights after possessing the land for more than 50 years. The trial court and the appellate court held that he was a tenant and had acquired title by adverse possession, but the Allahabad High Court set asi…

The plaintiff, M/s South East Asia Shipping Co. Ltd., filed a suit in the Delhi High Court seeking a perpetual injunction against the enforcement of a bank guarantee dated 16 July 1977. The underlying contract was executed in Bombay and required performance (transport of livestock) to be carried out in Bombay. The defe…

The petitioners were detained under Section 3(2) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 and filed representations against their detention on 23 August 1995. They alleged that the State and Central Governments failed to dispose of these representations promptl…

The assessee, Duncan Brothers & Co. Ltd., claimed that provisions it made for income‑tax liability (Rs 16,48,888 for AY 1963‑64 and Rs 17,52,920 for AY 1964‑65) could either be treated as part of its capital or be deducted from the cost of excluded investments under the Super Profits Tax Act, 1963 and the Companies (Pr…

The Supreme Court entertained a social‑action writ filed by the Indian Council for Enviro‑Legal Action on behalf of villagers of Bichhri, who suffered severe water, soil and health damage due to untreated effluents and toxic sludge from private chemical industries. The petition sought directions against the Union of In…

The State prosecuted S.J. Chaudhary for murder and offences under the Explosive Substances Act, seeking to introduce the testimony of a typewriter expert to identify the machine that produced a disputed document. The trial court and the Delhi High Court excluded the expert's opinion, relying on the earlier Supreme Cour…

The Union of India appealed a Bombay High Court order that had allowed a writ petition filed by Victory Plastic Pvt. Ltd. The dispute concerned customs duty on PVC resin imported under tariff Item No. 39.01/06 of the Customs Tariff Act, 1975. An initial 1979 notification granted full exemption from duty, but a subseque…

The Supreme Court examined the validity of Sections 44AC and 206C of the Income‑Tax Act, 1961, which allow tax to be levied on a presumptive basis on traders of specified goods. Petitioners argued that the provisions were ultra‑vio​les, beyond Parliament’s competence under Schedule VII, Entry 82, and violated Articles …

The Commissioner of Income Tax, Kerala appealed against the Kerala High Court's decision in favor of Kilkottagiri Tea and Coffee Estate Co. Ltd., which allowed the company to claim a development allowance for unclaimed expenses incurred in clearing land and planting tea bushes during 1966-67 and 1967-68. The dispute ce…

The appellant, Arumugam Chetiyar, occupied a house as a tenant from 1971. In 1977 the landlord executed a mortgage deed in favour of the appellant. The issue was whether the mortgage deed implied a surrender of the appellant's tenancy rights, thereby converting him merely into a mortgagee. The trial court and the Karna…

The premises were originally leased to Cox & Kings (Agents) Ltd., a foreign company incorporated in the United Kingdom. After the Reserve Bank of India denied permission for the foreign company to continue its business under the Foreign Exchange Regulation Act, 1973, the leasehold interest was assigned to an Indian com…

The Supreme Court examined the scope of the Forest Conservation Act, 1980 and clarified that the term "forest" includes all statutorily recognised forests irrespective of ownership. It held that any activity such as operating saw‑mills, veneer or plywood mills, or mining within forest areas is a non‑forest purpose and …

The respondent, a brick‑kiln owner, challenged a notification by the Mathura Cantonment Board that raised the tax on bricks from 0.19p to 0.75p per thousand, arguing that the Board derived no benefit and that the tax violated Section 60 of the Cantonments Act, 1924, the U.P. Municipalities Act, 1916 and the ceiling on …

The appellant, Gajraj Singh, held a stage‑carriage permit originally granted under the Motor Vehicles Act, 1939, which was later renewed under the Motor Vehicles Act, 1988. After the 1988 Act came into force, the State Transport Authority granted overlapping permits to other operators, and the appellant challenged the …

The appellants, owners of land acquired compulsorily, received a notice demanding income‑tax on interest accrued due to delayed payment of compensation under the Land Acquisition Act, 1894. They challenged the notice through writ petitions, which the Punjab & Haryana High Court dismissed, holding that such interest is …

The Supreme Court considered a dispute arising from a 1961 notification under Section 4(1) of the Land Acquisition Act, 1894, which acquired 1669 bighas of land in Posangipur. The original compensation was Rs 1400/1200 per bigha, later enhanced by the Additional District Judge to Rs 3050 per bigha. The appellants argue…

The petitioners challenged the constitutional validity of Explanation II to Section 2(22) and Section 76 of the Andhra Pradesh Charitable and Hindu Religious Institution and Endowments Act, 1987, arguing that these provisions unlawfully divested vested rights created by the Andhra Pradesh (Andhra Area) Inams (Abolition…

The respondents, manufacturers of incense sticks, challenged a 1979 notification by the State of Maharashtra that sanctioned higher octroi rates proposed by the City of Nagpur Corporation under the 1948 Act. The High Court held the rates ultra vires because they exceeded the maximum octroi rates fixed under Section 66(…

The Amalapuram Municipal Council sought to fill the post of Chairman by calling names from the employment exchange. Initially, under Government Memorandum No. 372 (Feb 18, 1992) the Chairman could select candidates without any counter‑verification. However, Government Order No. 413 (Mar 10, 1992) was issued to curb mal…

The dispute concerned land originally owned by Punjaba. Upon his death, his widow Parwatabai obtained a limited estate in 1941 and executed a registered gift deed transferring enjoyment of the land to her husband, who thereafter possessed it. After Parwatabai’s death in 1966, her daughters claimed succession to the fat…

The Ujjain Development Authority acquired land under the Land Acquisition Act, 1894 and the acquisition officer initially awarded Rs 27,500 per hectare. The District Judge enhanced the award to Rs 50,000 per hectare with solatium and interest, and the Madhya Pradesh High Court further increased compensation to Rs 1,25,…

The Punjab State Electricity Board (PSEB) disconnected electricity to Mis. Guru Nanak Cold Storage for non‑payment of dues. The respondent claimed damages for the disconnection and invoked arbitration under Section 52 of the Indian Electricity Act, 1910 and Section 76(2) of the Electricity (Supply) Act, 1948. PSEB file…

Ali Ji Monoji & Co., a lessee, filed a suit for perpetual injunction against the Municipal Corporation of Bombay to stop demolition of alleged unauthorised structures under Section 351 of the Municipal Corporation Act. The municipal corporation issued a demolition notice, and the landlords of the property sought to be …

Dr. Nanda Ballabh Pathak, a Hindi Pandit in a lower‑grade school, applied for promotion to the post of Hindu Pandit in an upgraded inter‑college. The post was prescribed to require an MA in Hindi, a BA in Sanskrit and a B.Ed. While the appellant held an MA and PhD in Hindi, he did not possess a BA in Sanskrit. He chall…

The All India Regional Rural Bank Employees Association and the All India Gramin Bank Workers Organisation filed writ petitions seeking pay parity between Regional Rural Bank (RRB) employees and those of nationalised commercial banks. A National Industrial Tribunal awarded that RRB employees be placed on the same pay s…

P.S. Dhillon, a Judicial Member of the Income Tax Appellate Tribunal, was compulsorily retired under FR 56(j) after attaining the age of 55, despite having less than ten years of qualifying service. He challenged the order before the Central Administrative Tribunal, which quashed it on the grounds that pre‑confirmation…

The Chairman of the Diocesan Executive Committee of the CSI EVA Technical Institute suspended the Principal and constituted a Commission of Enquiry to conduct a preliminary fact‑finding inquiry into serious administrative and financial irregularities. The Principal challenged the suspension and the appointment of the C…

The Haryana Unrecognised Schools Association challenged a Haryana Government notification that added "Employment in private coaching classes, schools including Nursery Schools and technical institutions" to the Schedule of the Minimum Wages Act, 1948 and fixed minimum wages for teachers. The Punjab & Haryana High Court…

The respondents, selected in a 1987 merit list for Class III and IV clerical posts under the U.P. Subordinate Officers Clerical Staff (Direct Recruitment) Rules, 1985, alleged that the State failed to appoint them and obtained a mandamus from the Allahabad High Court ordering their recruitment. The High Court held that…

The plaintiff, Joyce Primrose Prestor, sought letters of administration for her mother’s estate, relying on a holograph will dated 19 June 1964 that bequeathed equal shares to her three daughters. The husband and two other daughters contested the will, alleging undue influence by the plaintiff. The trial court held the…

Dr. Harbhajan Singh Greasy, a government doctor, was charged with absence from emergency flood duty and alleged private practice during suspension. An inquiry officer reported that the doctor admitted to the private practice, but no written admission was recorded and the doctor denied making any statement. The discipli…

The U.P. Electricity Board (appeal) and M/s Triveni Engineering Works Ltd (respondent) entered into an agreement for electricity supply of 104 kW, which allowed the Board to revise tariffs under Section 48 of the Electricity Supply Act, 1948. The Board revised tariffs on 13 July 1986, deleting the LMV‑10 schedule witho…

The State of Goa filed an appeal against a High Court order that had held that certain judicial officers appointed in 1963 were "absorbed employees" entitled to the pay scales of posts created under the Portuguese administration. The appellants argued that the definition of "absorbed employee" in Section 2(a) of the Go…

The case concerned a cooperative housing society formed for Scheduled Caste members, whose bye‑laws required 80% Dalit and 20% non‑Dalit membership. The Government allotted two acres of land to the society for constructing houses for Dalits. The society fell short of the required 90 Dalit members and, after inviting ap…

The assessee, M/s Mafatlal Gangabhai & Co. (P) Ltd., paid cash amounts to its employees as house‑rent allowance, conveyance allowance and medical reimbursement and claimed these as deductions. The Income Tax Officer disallowed the deductions, treating the cash payments as perquisites under Section 40(a)(v) and Section …

Five persons, including Jagdish Narain and his two sons, were tried for rioting and the murder of Jitendra Nath after allegedly ambushing him and firing shots. The trial court acquitted them, citing contradictions between eye‑witness statements and their earlier statements under Section 161 CrPC and alleging a faulty i…

Mohan (appellant) claimed title to a property he had purchased from Bhiwa, who had earlier gifted the same land to the respondents. The respondents filed suit for declaration of title and possession. The trial court allowed attachment of the property, but the appellant challenged this in a separate suit (No. 42-A of 19…

The Collector of Central Excise appealed against the classification of wooden furniture by Louis Shoppe as "handicrafts" under Excise Notification No. 76 of 1986. The Central Excise and Customs Appellate Tribunal had held the furniture to be handicrafts, a view the Supreme Court found inconsistent with its earlier test…

The appellants had occupied certain Shamlat Deh lands as tenants for about twenty years before 1975, after which their lease expired and no new lease was granted. The lands are vested in the Gram Panchayat. The Assistant Collector, invoking Section 7 of the Punjab Common Lands (Regulation) Act, 1961 and Rules 19 and 20…

The State of Bihar acquired 25 acres of land under the Land Acquisition Act, 1894 and awarded compensation equally to four co‑owners, each receiving a one‑fourth share. One co‑owner filed a reference under Section 18 of the Act, leading the civil court to enhance his compensation. The appellant, another co‑owner, did n…

After the abolition of the Village Officer post in 1982, about 2,000 Section Writers were trained and appointed as Surveyor‑cum‑Draftsman in the Survey and Settlement Department on a contract basis, later regularised with regular pay‑scales and promotions. The Government later issued a clarification directing that thei…

The appellants, eight brothers and relatives, disputed a strip of land owned by the deceased and, on 17 August 1982, armed themselves with axes and sticks, attacked the deceased and others, causing the deaths of two victims. The trial court convicted them under Sections 302, 324, 325 read with Section 149 IPC, but the …

The Trust sought to establish a medical college in Salem and required affiliation from Dr. M.G.R. Medical University. The University and the State Government conditioned affiliation on prior State permission, which the Trust could not obtain. The Central Government, under Section 10‑A of the Indian Medical Council Act …

The case concerned a land acquisition under the Land Acquisition Act, 1894 where the notification under Section 4(1) was published in 1965 and the declaration under Section 6 in 1969, but the award of compensation was only made in 1986. The appellants argued that an erratum notice that listed guntha numbers instead of …

The deceased Newaj Mal executed a registered will leaving his land to his daughter's son, a fact accepted by the Director of Consolidation and upheld by the Allahabad High Court. The brother of the deceased (appellant) claimed a preferential right to the property under Class V of Section 24 of the Agra Tenancy Act, arg…

The respondent, Mis. Sh. Ram Rayons, applied for a supplementary import licence and paid a fee of Rs.1 lakh under Clause 4(2) of the Imports (Control) Order, 1955. A policy change later prevented the issuance of the licence, prompting the respondent to file a writ petition seeking a refund of the fee. The Delhi High Co…

The Union of India acquired land under the Requisitioning & Acquisition of Immovable Properties Act, 1952 and offered compensation to the owners, who rejected it, leading to reference to an arbitrator under section 8(1). The arbitrator awarded higher compensation with solatium and interest, and the Punjab & Haryana Hig…

The State of Rajasthan sued Mis. Kalyan Sundaram Cement Industries Ltd. for recovery of sums due under an agreement after three post‑dated cheques issued in 1989 bounced. Alongside civil suits for recovery, criminal complaints were filed under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian …

The State of Kerala initiated acquisition proceedings against George Joseph, issuing a notice under Section 4(1) of the Land Acquisition Act, 1894 on 26 September 1978. The Collector later made an award on 27 March 1981, and the respondent claimed an additional amount under Section 23(1A) of the Act. The question befor…

The appellant, Maheshwari Senior Higher Secondary School, challenged the termination of Bhikha Ram Sharma, who had been appointed as a Steno‑Typist on an ad‑hoc basis on 15 July 1992. The management passed a resolution on 21 May 1994 abolishing the ad‑hoc post, and Sharma's service was terminated on 31 May 1994. The Ra…

The petitioners, Pankaj Kumar Saha and his brother, were issued Scheduled Caste certificates in 1982, which were later cancelled by the Sub‑Divisional Officer. The petitioners challenged the cancellation, claiming that they belong to the Sunri Scheduled Caste, despite the Presidential notification expressly listing Sun…

The appellant, Savitri Devi, challenged the State of Haryana after her land was acquired under the Land Acquisition Act, 1894 for residential and commercial purposes. Although compensation had been paid and the acquisition became final, the land remained unused, and she sought a plot in lieu of her loss under a governm…

The Madras Race Club, a company that conducts horse races, challenged the Tamil Nadu Horse Races (Abolition and Wagering or Betting) Act, 1974 and the Madras Race Club (Acquisition and Transfer of Undertakings) Act, 1986. The Court held that horse racing is a game of "mere skill" under Section 49 of the Police Act and …

The plaintiffs, sons of the deceased Panditrao and his alleged wife Shevantabai, sued for an injunction to protect their possession of a 3.18‑hectare property, claiming they were legal heirs. The trial court accepted the admission that Shevantabai lived with Panditrao as his wife, applied the legal presumption of a val…

The appellant, Saral Kumar, challenged the validity of Sections 37 and 38 of the Haryana Sales Tax Act. The High Court had already struck down Section 38, a decision affirmed by the Supreme Court, and Section 37 had been upheld in earlier cases. The Supreme Court clarified the requirement under Section 37(2), stating t…

The Supreme Court considered appeals filed by the Union of India against High Court orders directing the appointment of an arbitrator under Section 8(1)(b) of the Requisitioning and Acquisition of Immovable Property Act, 1952. The claimants had not raised any objections to the arbitrator's award within the time prescri…

The respondents, engineers of the Haryana Public Works Department, were given notional promotions based on a seniority list prepared under Rule 9 of the 1970 Service Engineers Rules, with a deemed promotion date of 1 January 1983, but they only assumed the higher posts on 1 December 1992. They filed writ petitions seek…

The Bank of Baroda obtained a money decree against R.M. Patwa for Rs 55,000 with interest and filed an execution application. Patwa sought, under Section 151 CPC, to have amounts crediting a third‑party, G.K. Kakkani, adjusted against his decree debt. The Additional District Judge ordered such adjustment, and the High …

The appellant, Sam Hiring Co., a tenant occupying a shed in City Survey No. 56, challenged the acquisition of its premises under the Maharashtra Housing and Area Development Act, 1976, arguing that the structure was an independent, non‑cess‑payable building and therefore exempt from demolition. It also contended that t…

The appellant filed a suit for declaration of title to a property and simultaneously applied under Order 39 Rules 1 and 2 of the CPC for a temporary injunction to protect his possession. The trial court granted the injunction, but the High Court reversed the order, holding that where there is no dispute as to the corpo…

The Thapar Institute of Engineering and Technology (TIET), Thapar Polytechnic and the Technological Institute of Textile & Science (TIT&S) reserved a small percentage of seats for the wards of their employees, despite being private or aided technical institutions. The affiliating university and the Punjab State Governm…