Judgments of 1996

The appellant, a former army man, was convicted of murdering Kanta Devi, who was shot in her courtyard at night. The deceased, moments before being shot, shouted that the appellant was standing with a gun. The gun was later found near the body. The appellant appealed, arguing that the omission in the FIR regarding the …

Mohan Bir Singh Chawla challenged Punjab University’s rule that added a ten‑percent weightage to the qualifying‑exam marks of candidates who had passed the exam from the same university for admission to its LL.B. programme. The Supreme Court examined whether such university‑wise preference violated Articles 14 and 15 o…

The appellants, Vikram Shitole and others, held permits to operate stage carriages on the Gwalior‑Indore route, which had been notified as a frozen route under Section 68‑D(3) of the Motor Vehicles Act, 1939. A self‑employment scheme allowed unemployed graduates to run stage carriages on such routes subject to specific…

The dispute arose over a property mortgaged by widow Bai Jivi in 1911; after her death in 1955 the property passed to her daughter Hati, who filed a suit for redemption of the mortgage. The trial court dismissed the suit, but the Additional District Judge decreed in favour of the respondents, holding that Hati was the …

Jallo purchased the proprietary right of a Zamindari estate in 1933 and became the khudkhash-holder. She later inducted her husband Tunda as a tenant, who died in 1947‑48. After the enactment of the U.P. Zamindari Abolition and Land Reforms Act, 1950, a dispute arose over who succeeded to the estate of either Tunda or …

The appellant purchased a one‑fourth share of land that had been auctioned in 1938 to Babu Suryanarayan, who obtained possession and later sold the same share to Hemamali Devi, who in turn sold it to the appellant in 1950. The appellant filed a suit for partition of that share, and the trial court and the appellate cou…

Former Prime Minister P.V. Narasimha Rao, whose security is covered by the Special Protection Group (SPG) Act, was summoned as an accused before the Tis Hazari Court. The Commissioner of Police, Delhi and the Director of the SPG sought a change of venue, arguing that the court complex could not provide the "proximate s…

The appellant, a co‑owner of a shop, obtained a defined share of the premises through a partition among brothers. The respondent, a tenant, continued to pay rent to the elder brother and refused to pay rent to the appellant after the partition, leading to termination of his tenancy and an eviction petition under the Hy…

Gaekwar Mills Ltd manufactured a fabric consisting of 33% polyester, 32% viscose and 35% cotton. The Collector of Central Excise argued that the fabric should be classified as a cotton fabric under Item 19 of the Central Excise Tariff Schedule, while the CEGAT held that it fell under Item 22 for man‑made fabrics. The S…

The petition challenged the 1994 allotment of 52 shops/stalls by the then Minister of Urban Development, Smt. Shiela Kaul, alleging that the allotments were made arbitrarily to her relatives, friends and staff in violation of the prescribed tender policy. The CBI report confirmed that the minister bypassed the policy a…

The Kerala government issued a circular designating RAIDCO and KAICO as the sole suppliers of pump sets to farmers in eight districts under subsidy schemes, which private dealers challenged as violating their Article 19(1)(g) right to trade and the equality clause, Article 14. The Supreme Court examined whether the res…

Dr. K.C. Saksena, a medical officer, was caught in a trap for allegedly demanding a bribe. After investigation, the State Government granted sanction for prosecution under Section 6 of the Prevention of Corruption Act. Before a challan could be filed, Saksena invoked Section 482 of the CrPC and obtained a stay; the Hig…

The State of Uttar Pradesh challenged a decision that excluded lands covered by agreements to sell, but not yet transferred by sale deed, from the holding of a tenure‑holder for purposes of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. The tenure‑holder argued that having parted with possession un…

The appellant, K. Basavarajappa, had entered into an agreement to purchase land from a tax defaulter, Y.S. Devendra Murthy, and filed a suit for specific performance. The land was attached and auctioned by the Tax Recovery Officer under the Income Tax Act. Within 30 days of the auction, the appellant filed an applicati…

The Ahmedabad Municipal Corporation sought to remove unauthorised hutments erected by pavement‑dwellers on a main road. The High Court stayed the removal until suitable accommodation was provided and required a hearing. On appeal, the Supreme Court held that pavements are public property intended for free pedestrian mo…

A case was registered under Section 31 of the Representation of People Act, 1950, which is a non‑cognizable offence. The police filed an FIR and investigated, submitting a report seeking the appellant's discharge. The Chief Judicial Magistrate, relying on the report, took cognizance and proceeded against the appellant.…

A. Kumar filed several writ petitions challenging a customs show‑cause notice under Section 124 of the Customs Act, a seizure order under Section 132‑A of the Income Tax Act, and the demurrage rates of the Madras Port Trust. The customs authorities had found that the imported stainless‑steel circles, declared as "defec…

The dispute concerned the grant of an FL‑16 excise licence in Varanasi. The fifth respondent, Mohd. Khalil, held a temporary licence which was cancelled on 3 July 1993 by the District Excise Officer. Assuming a vacancy, a notification was issued and the appellant, Gorakhnath, was granted a licence. The fifth respondent…

The appellant had earlier faced a criminal complaint in 1966 under Section 500 IPC, which was settled by an apology and compromise. In 1990 a fresh complaint was lodged alleging that the appellant, by claiming his book was based on a manuscript of King Bhagyachandra, had forged a false document, thereby cheating the pu…

The Union of India acquired land and initially awarded compensation of Rs.2,500 per bigha under the Land Acquisition Act, 1894. The Additional District Judge enhanced the compensation to Rs.5,000 per bigha in December 1973. On further appeal, the Delhi High Court raised the compensation to Rs.12,000 per bigha and grant…

The President of A.P.M.C. appealed to the Supreme Court against the Bombay High Court's enhancement of compensation for land acquired under the Land Acquisition Act, 1894. The land, about 3 acres, was acquired for a market yard and the acquisition officer had fixed a market value of Re.0.36 per square foot, which the r…

The petitioner, a government employee, was charged with defalcation of several sums of money and shortage of sugar as per special audit reports for the years 1981-82 and 1982-83. He was given an opportunity to make good the loss but failed to deposit the required amount, after which an order of removal from service was…

Sh. Baltit Singh, who enlisted in the Army in 1975 and was regularised in 1977, suffered a thigh injury in 1979 while in service. He was medically downgraded, later diagnosed with a psychiatric condition, and invalidated out of service in 1981. He filed a petition for disability pension under Rule 173 of the Army Pensi…

Manvantrai Mehta died leaving property and a will of his wife Kamlaben. The sons, including Chandravadan Mehta, obtained probate of Kamlaben’s will in 1987. The other children, led by Nalini Navin Bhagwati, filed an application under Section 263 of the Indian Succession Act to revoke that probate. The trial court refus…

M/s T.V. Sundaram Iyengar & Sons Ltd. received deposits from customers in the ordinary course of its trade. The deposits were initially recorded as capital receipts (security deposits). When a portion of these deposits remained unclaimed for a long period, the company wrote them off to its profit and loss account. The …

The employee, Francis De Costa, was injured in a road accident while riding his own bicycle to work, about one kilometre from his factory and fifteen minutes before his shift began. He claimed disablement benefit under the Employees' State Insurance Act, 1948, and the ESIC Court allowed the claim, which was later dismi…

The suit land was mortgaged in 1896 and a decree for redemption was finally passed in 1960. During execution proceedings the mortgagor deposited the mortgage money and value of improvements on 14 March 1969, after which the mortgagee's right to possession ceased. The appellants argued that Section 4A of the Kerala Land…

The case concerned the South Pandaram lands of Lakshadweep, where villagers, through their Mooppans (trustees), historically enjoyed a collective right to collect coconuts but held no ownership over the land or trees. The administration, invoking the Laccadive, Minicoy and Amindivi Islands Revenue and Tenancy Regulatio…

The Rajasthan High Court had earlier quashed a seniority list of engineers prepared with retrospective effect and directed a fresh list. Contempt proceedings were initiated under Section 12 of the Contempt of Courts Act, 1971, and a single judge, while considering the merits, held that the respondents had not wilfully …

The petitioner, S.K. Vaish, an Assistant Engineer, was suspended and subjected to disciplinary proceedings that culminated in compulsory retirement in 1986. On appeal, the department directed that the punishment be treated partly as suspension and partly as in‑service, leading to his reinstatement and treatment as on d…

The petitioner, a qualified candidate from a Scheduled Caste, applied for the post of Overseer/Junior Engineer (Civil) advertised by the State of Maharashtra and was appointed on probation based on a recommendation letter from the Member Secretary of the Regional Subordinate Service Selection Board. After nine months o…

The petitioner, Babu Singh Bains, owned a free‑hold plot in Chandigarh and constructed a double‑storeyed building that he used partly as a guest house, violating the city’s land‑use regulations. The Estate Officer, invoking Section 8A of the Capital of Punjab (Development & Regulation) Act, 1952, resumed the property a…

Mafatlal Industries Ltd (the transferee) sought to amalgamate with Mafatlal Fine Spinning and Manufacturing Co Ltd (the transferor) under a scheme of arrangement approved by a meeting of equity shareholders. The appellant, Miheer H. Mafatlal, a 5% shareholder and director of the transferor, objected under Section 391 o…

The appellants, contractors engaged in civil construction works for government departments, were assessed under Section 6‑D of the Bengal Finance (Sales Tax) Act, 1941. They challenged the assessment on four grounds: denial of declaration forms allegedly violating Article 14, inclusion of the value of stores and materi…

The Shri Chander Chinar Bada Akhara Udasin Society established a private medical college but the Jammu & Kashmir Government failed to frame admission guidelines. Students filed a writ petition; the High Court single judge formed a committee that selected candidates via oral interviews and a short time‑table, which the …

The Ahmedabad Municipal Corporation submitted a revised development plan under the Bombay Town Planning Act in January 1976. The Gujarat Town Planning and Urban Development Act, 1976 came into force on 30 January 1978, repealing the Bombay Act and establishing the Ahmedabad Urban Development Authority (AUDA) with power…

The appellant, S. Gopal Reddy, was convicted under Section 4 of the Dowry Prohibition Act, 1961 for demanding dowry in connection with a proposed marriage. He appealed, arguing that a demand made during pre‑marriage negotiations does not fall within the statutory definition of "dowry" and that the prosecution’s evidenc…

Mrs. Meenal Eknath Kshirsagar, owner of a flat in Bombay, filed a suit for eviction of a firm and its partner, claiming she and her husband had no other residential premises and therefore required the suit premises for personal occupation. The husband had previously been a tenant of a two‑bedroom flat (Olympus) and lat…

Eight accused were convicted for the pre‑meditated murder of six members of a single family in Baghora village, Bihar, in May 1987, an incident that also involved arson and the killing of 26 persons in total. The conviction was based solely on the testimony of a nine‑year‑old child witness who initially identified only…

The Commissioner of Income Tax, Calcutta appealed against the Settlement Commission’s order that dropped penalty proceedings for assessment years 1970-71 to 1974-75. The assessee, Paharpar Cooling Towers Pvt. Ltd., had filed a settlement application under Section 245‑C of the Income Tax Act for assessment year 1975-76,…

The parties were involved in two distribution agreements for the film 'Aag Ka Dariya', one dated 28 February 1985 with R. Venkatraman and a later one dated 7 October 1993 with M/s. Avtar Singh & Co. Pvt. Ltd. Three suits arose: a Bombay suit by Venkatraman seeking cancellation of the 1985 agreement, a Madras High Court…

The Union of India issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for a housing scheme. The government later intended to use the land for a District Centre, a commercial purpose, and the High Court quashed the notification on the ground that the change of user violated the pu…

The respondent filed a suit for specific performance which culminated in a decree on 14 January 1994. Respondent No.2 and others filed applications under Order 9 Rule 13 CPC to set aside the decree, while the appellant moved a preliminary objection challenging the maintainability of those applications. The trial court …

The respondent, a police officer, was removed from service by the Commissioner of Police under Article 311(2)(b) of the Constitution and challenged the removal before the Maharashtra Administrative Tribunal (MAT), which confirmed the removal on March 6, 1995. He filed a Special Leave Petition (SLP) under Article 136, w…

The Supreme Court examined the interpretation of Section 4(e) of the All India Institute of Medical Sciences Act, 1956, concerning the composition of the institute's supreme body. The question was whether the five persons to be nominated by the Central Government must all be scientists, or whether only one must be a no…

The State of Kerala appealed against the order of the Taluk Land Board, Kozhikode, which had first declared that declarant K. Moideenkutty possessed 3,171.53 acres of excess land under the Kerala Land Reforms Act, 1961. The Board later reopened the case and, on the basis that 877 tenants occupied 1,726.90 acres and tha…

The Supreme Court examined the handcuffing of under‑trial prisoners, members of the Khedut Mazdoor Chetna Sangath, while being transferred between jail and court, which was done without written authorisation from a magistrate as required by Madhya Pradesh Police Regulation 465. Earlier Supreme Court judgments (Prem Sha…

The Supreme Court considered applications filed by the revenue challenging certain observations made in its earlier judgment in the appeals of Kerala Financial Corporation and others. The contested observations (paras 9‑15) held that when advances are written off and become bad debts, the assessee could claim a refund …

The appellant, the Commissioner of Income Tax, challenged the Bombay High Court’s order quashing a notice issued under s.263 of the Income Tax Act against Chowgule & Co. Ltd., an exporter of iron ore whose export proceeds were credited in rupees by an Indian bank. The issue was whether Rule 115 of the Income Tax Rules,…

The State of Jammu & Kashmir appealed against a High Court order that had refused to condone a three‑month delay in filing an appeal against a promotion order for certain lecturers. The lecturers had been appointed on a regular basis but had not completed the seven years of regular service required under G.O. No. 517‑H…

The appellant, who had obtained possession of certain plots in New Delhi, filed a suit for a mandatory injunction against the third respondent, which became final. Subsequently, the appellant and the first two respondents each purchased a one‑third share of the property, leading to a partition suit that resulted in a f…

The State of Karnataka filed a land acquisition proceeding against B.S. Nanjundaiah under the Land Acquisition Act, 1894. A notification under Section 4(1) was published on 6 December 1973 and a declaration under Section 6 on 3 February 1975, but the respondent challenged them for lack of an enquiry under Section 5‑A. …

The appellants, Naranbhai Patel and another, became deemed purchasers of agricultural land under Section 32 of the Bombay Tenancy & Agricultural Lands Act, 1948, effective 1 April 1957. The respondent, the former landowner, executed a trust deed and registered it under the Bombay Public Trusts Act, 1950 without giving …

The petitioners, private bus operators, sought to ply their vehicles on routes intersecting notified routes, invoking a modification under Section 102(2) of the Motor Vehicles Act, 1988 that relaxes the distance restriction to 25 kilometres. The State Government had issued a notification allowing such relaxation but pr…

Dr. Ramesh Prasad, a teacher at Moti Lal Nehru Medical College (a college maintained by the Uttar Pradesh Government), filed a writ petition seeking to remain in service until the age of 60, the superannuation age prescribed for university teachers under the U.P. State University Act. The Allahabad High Court ordered t…

The landlady Sultana Begum obtained a decree for eviction of her tenant Prem Chand Jain. The tenant claimed that possession had been handed over to the landlady's attorney, who then allowed him to remain as a licencee on payment of a licence fee, arguing that this amounted to an adjustment of the decree and rendered it…

The Supreme Court entertained a public‑interest writ filed by M.C. Mehta challenging the employment of children below fourteen in hazardous factories and mines in Sivakasi and elsewhere, alleging violation of the fundamental right under Article 24 of the Constitution. The Court examined the constitutional mandate under…

The appellant, father of Kiran Devi, alleged that his daughter was subjected to continuous cruelty by her husband, mother‑in‑law and brother‑in‑law, culminating in her suicide by jumping into a well. The trial court acquitted the accused of murder (Sec. 302) and the High Court upheld that acquittal. On appeal, the Supr…

The appellant, a partnership firm, paid interest to a partner who was also the Karta representing his Hindu Undivided Family (HUF) on deposits made in his individual capacity. The Income Tax Officer added this interest back to the firm's income under Section 40(b) of the Income Tax Act, 1961, treating it as a disallowe…

Kuldeep Industrial Corporation, a partnership firm, claimed to be a manufacturer of stainless steel utensils and filed tax returns showing losses for AY 1977-78 and 1978-79 and a small profit for AY 1979-80. The Income Tax Officer (ITO) discovered that no manufacturing activity took place, issued notices adding income,…

The State of Gujarat issued demand notices for excise duty on Xylocaine and other medicinal preparations containing Xylocaine, invoking the Medicinal and Toilet Preparations (Excise Duties) Act, 1955. The assessees challenged the notices and the Gujarat High Court quashed them. On appeal, the Supreme Court examined whe…

Mis Appollo Tyres Ltd., while setting up a tyre manufacturing plant, entered into an agreement with General Tyre International Company to act as its purchasing agent for equipment. The agreement required the appellant to pay a 3% commission on the FOB value of each item procured. Customs assessed duty on the invoice va…

The appellants, who were raiyats holding land adjoining a parcel sold by the respondents, filed an application for pre-emption under Section 16(3)(i) of the Bihar Lands Ceiling Act within three months of the sale deed's registration. The Collector rejected the application, and the Patna High Court dismissed the appella…

Major Yogendra Narain Yadav, a demobilised short‑commissioned army officer, was appointed a permanent Assistant Engineer in the Bihar Roads and Buildings Department with seniority back‑dated to 15 April 1963 under a 1969 Government circular. Several respondents, initially appointed as temporary Assistant Engineers and …

Daulat Singh executed a Will in 1974 bequeathing his property to his brother Rattan Singh, who died shortly thereafter. The appellant, a sister, challenged the Will and the respondents filed a suit for declaration based on it. The trial court dismissed the suit, a first appellate court affirmed, but the Punjab & Haryan…

The landlady (respondent) sought eviction of the tenants (appellants) under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming she needed to demolish an old building to erect a new shopping complex. The Rent Controller found the landlord's requirement bona‑fide and ordered evictio…

Karan Singh was arrested in 1988 for possessing an unauthorised country‑made pistol and three live cartridges within a TADA‑notified area. The case was initially filed under the Arms Act, but the Metropolitan Magistrate transferred it to a Designated Court under the Terrorist and Disruptive Activities (Prevention) Act,…

The appellants, tenants of agricultural land, applied under Section 22 of the Pepsu Tenancy and Agricultural Lands Act, 1955 in 1960 but were rejected for not having twelve years' continuous possession. A second application in 1965 was allowed, and the Financial Commissioner confirmed the order. The Punjab and Haryana …

The State of Bihar issued a resolution (No.20) that candidates from reserved categories who qualified on merit would not be adjusted against the reserved quota, leading to grievances that such candidates were denied their preferred courses. The Patna High Court devised a seat‑allocation scheme whereby reserved seats we…

Gursharan Singh demanded Rs. 2 lakh from Nirmal Singh for terrorist activities, threatening death. After a meeting where a revolver‑wielding accomplice threatened the victim, a reduced sum of Rs. 70,000 was agreed, of which only Rs. 50,000 was paid. The trial court convicted Singh under IPC Sections 387 (extortion) and…

The State of Orissa advertised for Sepoy recruitment and prepared a first list of 225 candidates, appointing all except six reserved‑category candidates. To fill remaining vacancies, a second list of about 200 candidates, drawn from earlier test‑takers, was prepared, but only 16 were provisionally appointed despite vac…

The appellant, an advocate, was suspended for two years by the Bar Council of India on a complaint that she colluded with the opposing party and other lawyers to set aside an ex‑parte decree, allegedly acting as a mediator and misappropriating Rs. 3,500. The disciplinary committee relied on the complainant's affidavit,…

The appellants, manufacturers of micronutrients, challenged the classification of their products for excise duty. An earlier Board circular (June 1990) classified micronutrients as "plant growth regulators" under heading 38.08, while a later circular (November 1994) re‑classified them as "other fertilisers" under headi…

Dr. D.K. Deka and Dr. P.K. Baruah, doctors at Mahendra Mohan Choudhary Hospital, were accused by a Guwahati High Court judge of manipulating medical reports to keep accused Geeta Kalita in hospital, thereby thwarting a court order to produce her in police custody. The judge, relying on a medical board’s report that fou…

The appellant, Shatrughna Prasad Sinha, was charged after an interview published in Stardust magazine allegedly outraged the religious feelings of the Marwari community and defamed them as a class. Complaints were filed in the magistrate courts of Pune and Nasik. The High Court held that the Pune complaint did not disc…

The appeal arose under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, where the appellant, M. Bhaskar, was alleged to have wilfully defaulted on rent from June to October 1990. The landlord, J. Venkataramana Naidu, was represented by his brother‑in‑law A. Narayanaswamy Naidu. The appellant c…

Motilal Gopalji owned a property and executed a gift deed on 15 May 1965 in favour of the first respondent, reserving his right to retain possession and collect rents during his lifetime. Within a month he executed a cancellation deed on 9 June 1965, stating that the conditional gift had not been accepted and that poss…

The petitioners, appointed as LT Grade teachers in a government‑aided private college, challenged the legality of their ad‑hoc appointments, alleging that the college had not complied with the procedure prescribed in Section 18 of the Uttar Pradesh Secondary Education Services Commission and Selection Board Act, 1982 a…

The petitioners, heirs of evacuee Ashfaq Hussain, claimed rights over property vested in the Custodian under the Administration of Evacuee Properties Act, 1950. An order of the Assistant Custodian dated June 22, 1961 was communicated to shareholders, but a revision application under Section 27 was filed only on August …

Natwarbhai Magajnbhai Patel filed a Special Leave Petition challenging a Gujarat High Court order that vested excess vacant land, surrendered under Section 10(5) of the Urban Land (Ceiling and Regulation) Act, 1976, in the State. The petitioner argued that compensation should be paid before the government could utilize…

The appellant, Poonam Verma, sued Dr. Ashwin Patel (a registered homoeopathic practitioner) and Dr. Rajeev Warty for negligence after her husband died following treatment with allopathic medicines prescribed by Dr. Patel, who was not qualified to practice allopathy. The National Consumer Disputes Redressal Commission d…

Pradeep Krishen, an environmentalist, filed a writ petition under Article 32 challenging a Madhya Pradesh Forest Department order that allowed villagers around sanctuaries and national parks to collect tendu leaves. He argued that the order was ultra‑violet to the Wild Life (Protection) Act, 1972 and violated Articles …

The appellant purchased a joint‑family property from the father of the respondents when the latter were minors, for Rs 9,000. After the father's death, the respondents filed a partition suit alleging that the sale was for inadequate consideration, that there was no legal necessity, and that most of the alleged antecede…

The appellants, direct recruits to the Karnataka Administrative Service, completed their probation on 14 July 1976 but were not formally confirmed until 1 January 1986, a delay of nearly ten years. Because of this undue delay, they were excluded from the 1983 select list for promotion to the Indian Administrative Servi…

The State of Manipur issued a "Die‑in‑Harness" compassionate appointment scheme for dependents of government servants who died in service, later revising it to exclude ad‑hoc, off‑iciating, work‑charged and casual appointees. The dependents of two confirmed work‑charged employees sought appointments under the scheme; t…

The dispute concerned the appointment of the Head Gaonburah of Simong village in Arunachal Pradesh. The Deputy Commissioner approved the petitioner's appointment on 31 January 1994 and issued a WT message on 15 February 1994 directing that the petitioner be informed. No actual communication of the appointment to the pe…

The petitioners, Peoples Union of Civil Liberties and others, filed a public‑interest writ seeking the suspension and criminal prosecution of Dr. Khalilullah, Director of G.B. Pant Hospital, alleging massive financial irregularities. The Delhi Health Secretary recommended his suspension, the Chief Secretary suggested h…

The case arose from the abduction and alleged murder of Advocate Kulwant Singh, his wife and their two‑year‑old child, for which the Punjab and Haryana High Court Bar Association sought an independent inquiry. The High Court declined to intervene, prompting a civil appeal before the Supreme Court. The Supreme Court dir…

M.C. Mehta filed a public‑interest writ under Article 32 seeking control of air and noise pollution from stone‑crushers, pulverisers and mining operations near the tourist resorts of Badkhal Lake and Surajkund in Haryana. The Haryana Pollution Control Board and the National Environmental Engineering Research Institute …

The Supreme Court examined the Delhi Development Act, 1957 which mandates the relocation of hazardous, noxious, heavy and large industries from Delhi and the subsequent use of the land vacated. Various committees (Alphons, Jain, Khanna) submitted schemes on how the land should be utilized. The Court held that the land …

The appellant, Cycle Corporation of India Ltd., sought rectification of the trade mark ‘Raleigh’ owned by the respondent, T.I. Raleigh Industries Pvt. Ltd., alleging that the proprietor had not used the mark bonafide for a continuous period of five years and that neither the respondent nor any registered user was using…

The State discovered a large embezzlement by employees of the Jammu & Kashmir Cooperative Supply and Marketing Federation Ltd. and filed an FIR under Section 5(2) of the Prevention of Corruption Act, 1988 and the Ranbir Penal Code. The accused filed a writ petition in the High Court seeking to quash the FIR and obtain …

The appellant, Narindra Kumar Jain, served as manager of Kisan Rice Mills and was responsible for large stocks of paddy. During his tenure, 1,500 quintals of paddy were found missing, leading to charges under Sections 409 and 420 of the Indian Penal Code. The trial court acquitted him, but the Madhya Pradesh High Court…

The State of Orissa filed a suit for Rs.1,46,820 against S. Baram Baral, which was decreed ex parte. The appellant sought relief under Order 9 Rule 13 of the Code of Civil Procedure, 1908, and the trial court set aside the ex parte decree subject to a payment of Rs.50. On revision, the Orissa High Court set aside the t…

The appellant, Mis Attiabira Regulated Market Committee, appealed against Mis Ganesh Rice Mills challenging the High Court's decision that the villages of Saharatikira and Bheden were outside the notified market area under the Orissa Agricultural Produce Market Act, 1956. The central issue was whether these villages fe…

Shiv Shakti Gold Finger applied for exemption from Rajasthan sales tax on its Gole Papad, a circular snack made of maida, salt, starch, papad soda, alum and food colour, invoking a 1970 notification that exempted "Papad and Badi (Mangori)". The Assistant Commissioner rejected the claim, holding that the exemption did n…

The Union of India (Railways) appealed a Guwahati High Court order that directed the Railways to allocate unutilised wagons to non‑priority articles after the exhaustion of all priority categories under its Preferential Traffic Scheme (PTS). The original PTS classified sponsored coal in Category C and non‑sponsored coa…

Daulat Ram filed a suit seeking declaration and possession of land, alleging that a private partition had allotted the property to him and that he had singly redeemed the mortgage, thereby becoming a mortgagee by subrogation. The trial court and the Punjab & Haryana High Court held that the mortgage was redeemed jointl…

The appellant, a State Police Service officer promoted to Superintendent in 1976, was placed on the select list in 1977 and given seniority from April 30, 1978. He claimed a year of allotment of 1972 under the seniority rules, which the Central Administrative Tribunal rejected. The Supreme Court examined whether the fa…

The first petitioner purchased land from the respondent under a 1975 sale deed that included a reconveyance agreement. The respondent sued for specific performance, alleging the petitioner refused to execute the sale deed despite the respondent’s readiness and attendance at the Sub‑Registrar’s office on 9 March 1977, w…

Waterfall Estates Ltd., a public limited company engaged in tea and coffee estates, incurred a managing agency commission. Until AY 1963-64 it allocated head‑office expenses, including the commission, proportionally among wholly taxable, partially taxable and wholly exempt income. From AY 1964-65 it treated all activit…

The Urban Improvement Trust (Jodhpur) acquired land of Gokul Narain under Section 52 of the Rajasthan Urban Improvement Act, 1959 and paid compensation. The High Court later enhanced the compensation and, applying the Central Land Acquisition Act, 1894 (as amended), awarded solatium, interest and additional amount, whi…

The appellant, Ram Nath Mahato, was alleged to have participated in a night robbery on a train, during which a passenger was killed and others injured. A witness (PW 6) identified Mahato in a test identification parade conducted by Judicial Magistrate PW 7, but at trial PW 6 refused to recognize him, claiming fear. The…

The State of Maharashtra appealed to the Supreme Court against a Bombay High Court order that dropped contempt proceedings initiated against respondents in a customs refund dispute. The respondents had filed a writ seeking refund of duty, which the Customs Department alleged was obtained on the basis of forged document…

The appellant installed a coin‑operated video‑game machine that lights up and starts a game when a coin is inserted. The issue before the Court was whether such a machine falls within the definition of "entertainment" under Section 2(g) of the U.P. Entertainment and Betting Act, 1979 and consequently attracts the enter…

The State of Bihar prepared a panel of 273 candidates for Assistant Teacher posts under the 1975 Bihar Government Assistant Teachers Service Encadrement Appointment and Transfer Rules. While 98 candidates were appointed (91 joined), the remaining candidates were placed on a waiting list. The High Court, by interim orde…

The Church of South India Trust Association (CSITA) claimed that the Telugu Church Council (TCC) had merged into the Church of South India in 1947 and therefore the properties transferred to CSITA were held in trust. TCC contested the merger and sought declaration of its continued existence. Earlier suits decided by th…

Karumanda Gounder appealed against a High Court order that upheld the sale of a parcel of land originally gifted by his brother Komaraswamy Gounder to a third party and then sold to Muthuswamy Gounder. Karumanda claimed the land was joint family property and that his brother, being a "mild lunatic," lacked capacity to …

The Government of India, via a 1975 resolution, created a Subordinate Services Commission to recruit non‑technical Class III posts and issued a 1993 advertisement stipulating zone‑wise recruitment with separate merit lists for each of 15 zones. Applicants who scored higher marks than some selected candidates challenged…

The appellant, Deputy Director of the Inter State Bus Terminal, appealed against the conviction of Smt. Sudershan Kumari for filing false certificates and affidavits. The Supreme Court examined whether the respondent had indeed produced a false affidavit attested by an oath commissioner and whether the notary could be …

The appellants, who were promoted from Data Processing Assistants to Data Processing Supervisors, were placed in the entry‑level Grade ‘A’ (pay Rs.1600‑2600) instead of the higher promotional Grade ‘B’ (pay Rs.2000‑3300). They contended that this classification was unjust and sought to be fitted into Grade ‘B’ with the…

The appellants, police officers, were promoted on an ad‑hoc basis under the sports quota by the Superintendent of Police on 16 January 1990, without the required approval of the DIG. The promotion order stipulated that the officers could be reverted at any time without notice and without seniority rights. The appellant…

Dr. Baljit Singh, a H.C.M.S.-II officer, gave a three‑month notice of voluntary retirement under Rule 5.32(b) of the Punjab Civil Service Rules on 20 September 1993 and handed over his charge on 11 February 1994 without the government's acceptance. The Government declined to accept his retirement because serious crimin…

The case concerned a scheme under the Maharashtra Regional & Town Planning Act, 1966 for reserving land for stables and a road, which was later modified to reserve the same land for informal housing and stables. The original reservation was deleted and a corrigendum restored the status quo ante with a slight modificati…

Dr. Narinder Singh Poonia, a researcher, was conducting a DST‑funded project titled "Chemical, Physico‑Chemical, Structural and theoretical investigations of alkali and alkaline earth cation systems…". The Department of Science and Technology (DST) terminated the grant under condition XIII, which reserves the right to …

The appellant, Pilibhit Electric Supply Co., held a licence to generate electricity which was revoked and its undertaking was taken over by the Uttar Pradesh State Electricity Board on 1 December 1975. The Special Officer, under Section 7‑A of the Indian Electricity Act (as amended by U.P. Act 14 of 1976), fixed the co…

Hindustan Aeronautics Ltd. (HAL), a public sector undertaking, had rules permitting compassionate appointments of dependents of deceased employees, subject to vacancy availability (Rule 78.3). After her husband, a Senior Inspector, died in 1987, the respondent applied for such an appointment and was placed on a waiting…

Charanji Lal Goel, a Punjab government employee, joined the army in 1963 and was released in 1969. After release he was appointed Taxation Inspector in 1970 and was granted seniority from his army entry date under Rule 4 of the Punjab Government National Emergency (Concession) Rules, 1965. In 1972 he was directly recru…

Allahabad Bank appointed Shri Prem Singh as a temporary cashier for one day at a time through successive letters, each stating that his service would automatically terminate at the end of the day. After four days of such employment (14-17 June 1977), the bank did not offer further work. The respondent filed an industri…

The appellant, Tej Kumar Balakrishna Rui, was declared a notified person under Section 3(2) of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992. Section 3(3) of the Act provides that any property of a notified person stands attached from the date of notification. After being notifi…

Garware Nylon Ltd. manufactured nylon yarn and nylon twine. Until 1977 the twine was cleared under Item 18 of the Central Excise and Salt Act, 1944, which allowed a partial exemption for fishing‑net use. After the introduction of Item 68 in 1977, the revenue re‑classified the twine under Item 68 and demanded duty, whic…

The Commissioner of Sales Tax appealed against a High Court order that had accepted the turnover disclosed in the assessee's account books despite the assessee's failure to maintain a stock register as required under Section 12(2) of the Uttar Pradesh Sales Tax Act, 1948. The assessee, a manufacturer of silver ornament…

The appellant, T.C. Bhadrachalam Paper Boards Ltd., claimed exemption from non‑agricultural land assessment on the basis of G.O. No. 201 (1976) issued under Section 11 of the Andhra Pradesh Non‑Agricultural Lands Assessment Act, 1963. The order was not published in the Official Gazette nor laid before the Legislature a…

The petitioners, ex‑servicemen re‑employed in Central Government posts, challenged the denial of dearness relief on their pension, alleging discrimination compared with civilians re‑employed in public‑sector undertakings. They argued that a 1975 Ministry of Defence letter extending dearness relief to armed‑forces pensi…

Builders sought permission to construct buildings in an area where chemical factories operated, prompting the Bombay High Court to prohibit any construction within a 1 km radius of the factories. The chemical manufacturers appealed, arguing that the prohibition infringed the residents' right to reside and that the High…

The first respondent claimed freedom‑fighter status and applied for a pension under the Freedom Fighters' Pension Scheme, relying primarily on a certificate from an MLA and a co‑prisoner as proof of six months' imprisonment. The Government examined the documents and concluded that they were insufficient to establish th…

S.C. Ghosh, an Assistant Graduate Teacher, was appointed to officiate as Headmaster of Kahilipara High School after the retirement of the regular headmaster. When a regular headmaster, Mukul Chandra Roy, was transferred to that post, Ghosh challenged the transfer, claiming he had been promoted to a regular headmaster u…

The appellant, M/s Victorian Granites (P) Ltd, challenged the Government’s order setting aside the assignment of mining leasehold rights by the original lessee, P. Rama Rao, to Magam Inc. The lease, granted under the Andhra Pradesh Mines & Mineral Concession Rules, 1966, was transferred exactly two years after its gran…

The plaintiff's ancestor leased a vacant plot of land to Binny Company in 1889, which then constructed a building and installed ginning and pressing machines before the Bombay Rents, Hotel and Lodging Houses Rates (Control) Act, 1947 came into force. The lease was subsequently transferred to the appellant, who was late…

The Supreme Court, hearing numerous interlocutory applications in the T.M.A. Pai Foundation matter, clarified that the fee structures it had fixed for the academic years 1993-94, 1994-95 and 1995-96 are confined to those years only and are not refundable. It ordered that the fee order of 11 August 1995, applicable to 1…

The petitioners, a charitable society and a trust, challenged the High Denomination Bank Notes (Demonetisation) Act, 1978, claiming that the Act extinguished their property rights in high‑denomination notes without compensation, violated Articles 19(1)(f), 19(1)(g) and 31(2) of the Constitution, imposed unreasonable ti…

The appellant, a Police Inspector, was transferred and ordered to vacate his residential quarter after a senior police officer filed a false report alleging misconduct during a raid on a hotel that was operating beyond permitted hours. The senior officer’s report led to departmental proceedings, a fine, and the appella…

The Supreme Court examined a dispute where M.P.J. Builders had been granted a building sanction under the Cantonments Act, 1924, but failed to commence construction within the stipulated period and later sought extensions of time after the sanction had lapsed and after new building bye‑law restrictions were imposed. Th…

Three police constables were dismissed after a departmental inquiry and criminal prosecution for allegedly extorting money, but were later acquitted by a Sessions Court. They sought reinstatement and back wages before the Central Administrative Tribunal (CAT), which annulled their dismissals on the ground that the puni…

Petitioners filed a suit for specific performance of a 1976 sale agreement for two doors, claiming they had paid part consideration and were ready to perform, while respondents 1 and 2 delayed execution. The trial court found breach by respondents but denied specific performance, holding that respondent 3 was a bona‑fi…

The State of Andhra Pradesh and others challenged the writ filed by Ind. Natali Granite Ltd., which questioned the State Government's competence to levy a cess on mining leases. The High Court initially held the amendment to the District Boards Act, 1955, which sought to levy the cess, ultra vires, and subsequently aff…

The Secretary to the Government of Karnataka (appellant) contracted V. Harishbabu for canal work, but disputes led to arbitration. The arbitrator issued an award on 22‑April‑1993 and the respondent filed a petition under Sections 14 and 17 of the Arbitration Act, 1940 on 23‑April‑1993, attaching a copy of the award. Th…

The appellants were convicted under IPC sections 366 and 368 and sentenced to three years' rigorous imprisonment with a fine. They appealed to the Allahabad High Court, which admitted the appeal, stayed the sentence, and granted bail, but later dismissed the appeal for non‑prosecution because the appellant and his coun…

The appellants, owners of a parcel of land covered by a patta, claimed that land had gradually accreted to their estate as the Barak river receded over 15‑16 years. They sought a declaration of title over the accreted land, which was also claimed by the respondents under an annual patta granted by the Deputy Commission…

The State of Rajasthan sought licences for dealers selling Bajra seeds that had been coated with insecticides, invoking the Rajasthan Agricultural Produce Markets Act, 1961. The respondents, seed dealers, contended that such processed seeds were not "agricultural produce" within the meaning of Section 2(1)(i) and the S…

Syed Fatima Nachi, a divorced Muslim woman, filed a petition under Section 4(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 seeking maintenance from the Tamil Nadu Wakf Board, alleging that her children, parents and other relatives were unable to pay. The Wakf Board appealed to the High Court to qua…

Shangrila Food Products Ltd., a sub‑tenant of Life Insurance Corporation of India (LIC), was evicted under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 and an order for damages of about Rs 12 lakhs was made by the Estate Officer. The City Civil Court upheld the eviction but set aside the damages a…

The dispute concerned the succession to the Partapner Raj estate, an ancient impartible zamindari governed by the rule of lineal primogeniture. After the death of the minor adopted heir Raja Maha, competing claims arose: Kalka Singh of the senior branch asserted his right to the impartible estate (Lists A and C) while …

Harish Kumar and Ram Sharan were convicted by the Madhya Pradesh High Court for murder (Sec. 302 IPC) and attempt to murder (Sec. 307 IPC) after a trial court had acquitted them. They pleaded private defence of person, claiming that earlier hostile incidents and injuries to their father and themselves created a genuine…

Bhaiya Bahadur Singh, a government school teacher, drove his tractor onto a disputed boundary and allegedly trampled a portion of the victim's wheat field. Angered, he fetched a licensed single‑barrel gun, returned, and fired two shots, injuring two persons and killing a third. He pleaded that the shooting was in self‑…

In a partition suit, a house was auctioned and the sale was confirmed by the court on 7 August 1984. The auction purchaser obtained a sale certificate only on 9 November 1989 and filed an application for delivery of possession on the same day. The appellant contended that the application was barred by the one‑year limi…

The Central Bureau of Investigation (CBI) sought to continue investigations into two FIRs alleging criminal breach of trust, forgery and cheating against Duncans Agro Industries Ltd. and its officers. The Calcutta High Court quashed the FIRs, holding that the allegations did not prima facie constitute an offence and th…

Hindustan Steelworks Construction Ltd. (HSCL) awarded a construction contract to Tarapore & Co. (the contractor) and obtained fourteen unconditional bank guarantees from Bank of India, each stipulating that HSCL was the sole judge on breach and loss. After the contractor failed to complete the work, HSCL rescinded the …

Surjeet Singh, a heavy‑vehicle driver appointed in 1986, was medically declared unfit in 1993 due to a deficiency in sight and was compulsorily retired. He sought a compassionate appointment for his son as a clerk under Government of Haryana instructions dated 22 February 1991 and 28 August 1992. The Government rejecte…

The appellant, a Norwegian shipping company, was assessed for AY 1958‑59 on the basis of separate Indian‑trade accounts. The Income Tax Officer, following Central Board instructions issued under Rule 33 and Section 5(8) of the Income Tax Act, disallowed depreciation on eight ships that had been in the fleet for more th…

The Hailakandi Bar Association filed a writ petition under Article 32 alleging that Superintendent of Police A.K. Sinha Cashyap submitted a false report and affidavit to the Supreme Court to conceal police brutality that led to the death of under‑trial prisoner Nurul Haque. The Court examined the CBI investigation, med…

The Haryana Urban Development Authority (HUDA) advertised residential plots requiring a 10% earnest‑money deposit with the application. Allottees accepted the allotment, paid the earnest money and further deposits amounting to 25% of the price, and were to pay the balance in lump sum or six instalments. After paying so…

The appellant, a District Munsif who had been temporarily promoted to Subordinate Judge, was removed from service by the Andhra Pradesh High Court after a departmental inquiry found him guilty of misconduct. He appealed to the Governor under Rule 21(2) of the Andhra Pradesh Civil Services (Classification, Control and A…

The respondents, M.M. Khambhatwala, manufactured certain excisable goods in their factory and claimed exemption under Notification 80/80-CE. They also obtained agarbatti, amla podi and dhup from household ladies who worked outside the factory without power, for which the respondents paid piece‑rate wages. The revenue a…

During a TADA investigation, the police attached seven ships under Section 7A of the Terrorist and Disruptive Activities (Prevention) Act, alleging the vessels were purchased with proceeds of terrorist activity. The owners challenged the attachment, arguing that the ships were bought before the Act came into force and …

The Union of India filed a complaint under Section 73 of the Mines Act, 1952 alleging that Oriental Coal Co. Ltd. and its officials violated conditions 3 and 6 of the permission to split pillars with hydraulic sand stowing. The trial court and the High Court acquitted the respondents, holding that the alleged breach wa…

P.S. Rajya, an Income‑Tax Officer, was charged under Section 5(2) read with 5(1)(e) of the Prevention of Corruption Act for possessing assets disproportionate to his income. A departmental inquiry conducted by the Central Vigilance Commission, and later concurred by the UPSC and the President, exonerated him of the cha…

Kamla Devi was appointed on an ad‑hoc basis under the U.P. Temporary Government Services Rules, 1975 and was repeatedly absent from duty. The State terminated her service on 23 September 1980 under Rule 14(a), which allows termination with one month’s notice or pay in lieu. She sought reinstatement and back wages, but …

The SCINDIA Employees Union challenged the acquisition of land on which its workshop stood, arguing that the acquisition for the expansion of a dockyard for defence purposes was not a public purpose and that the Union was a "person interested" under Section 3(d) of the Land Acquisition Act, 1894, entitled to notice and…

Bharathi Knitting Co. contracted DHL Worldwide Express to transport a cover containing export documents, which failed to reach the consignee in time, causing the buyer to pay a reduced amount and the appellant to claim a loss of Rs.4,29,392.60. The courier’s consignment note contained a limitation clause restricting li…

The Supreme Co‑operative Group Housing Society entered into a construction contract with H.S. Nag & Associates that contained an arbitration clause (clause 32). After additional towers were awarded, a dispute arose and the respondent filed an application under Section 20 of the Arbitration Act, 1940 to refer the matter…

The petitioners, exporters of readymade garments, challenged the Government’s amendment to the export policy effective 1 January 1996, which abolished the Manufacturer Export Entitlement (MEE) and Non‑quota Exporter (NQE) quotas and introduced a system based on Past Performance Entitlement (PPE) and First‑Come‑First‑Se…

The petitioners challenged interim orders issued by the Andhra Pradesh Lokayukta that suspended and transferred them without prior notice or hearing, alleging violation of natural justice and the unconstitutionality of Sections 3, 4, 7 and 12 of the AP Lokayukta & U.P. Lokayukta Act, 1983. The Supreme Court examined th…

The case arose from a violent incident on 10 May 1978 at a marriage venue in Simla, where a group of youths armed with hockey sticks, iron rods and other weapons attacked the gathering in retaliation for a prior altercation involving a parked jeep. The assault resulted in injuries to several persons and the death of Su…

The appellants Hardial Singh, Uttam Singh and Gurnam Singh were charged with murder, grievous hurt and rioting for firing on members of an informant party who were cultivating land belonging to Khazan Singh. The incident occurred when the accused, armed with guns and rifles, confronted the cultivators who were ploughin…

Dr. H. Mukherjee, a Central Government employee, filed a civil suit seeking Rs. 2 lakh in damages against his superior, S.K. Bhargava, alleging that the latter deliberately issued vindictive orders and tampered with official records to harass him and block his appointment as Chief Controller. The defendant contended th…

The respondents, dealers in edible oils and stainless steel, made numerous inter‑state sales and furnished C‑forms obtained from their purchasers in their tax assessments. A survey revealed many of these C‑forms to be invalid or spurious, leading the tax authorities to issue notices for additional tax and penalty. The …

The appellant Sadasivam sought a declaration that a sale deed executed by his father Marappa in favour of the respondent Doraisamy was a sham and that his interest in the joint family property remained unaffected. The lower courts had held the sale deed valid and the will of the grandfather Karuppanna, bequeathing half…

The grandfather, Gulla Kondala Rao, executed a deed of gift in 1947 in favour of his second wife, Narasamma, and she later bequeathed the same properties to the plaintiffs by a registered will in 1964. The adopted son, Ramarao, later sold the properties claiming they were joint family assets, but the plaintiffs challen…

The Dadar Avanti Cooperative Housing Society challenged the permission granted by the Municipal Commissioner allowing two flats in its building to be used as a surgical nursing home, a change from the residential use sanctioned in the original plan. The society argued that the building was approved for residential use …

The U.P. Rajkiya Nirman Nigam Ltd (appellant) and Indure Pvt Ltd (respondent) were negotiating a joint tender for the U.P. State Electricity Board. The appellant sent a draft agreement which it did not sign; the respondent returned a counter‑proposal deleting clause 10 and materially altering clause 12. No consensus ad…

The Tamil Nadu Housing Board acquired 339 acres of land, including a one‑acre parcel earmarked for a public park, under the Land Acquisition Act, 1894. The original owners, represented by A. Viswam (deceased), claimed they remained in possession and sought a perpetual injunction against the Board. The Board argued that…

S.S. Uppal, a State civil servant, was selected for absorption into the Indian Administrative Service (IAS) against a non‑state quota. Although his name appeared in a panel for a vacancy that arose on 1‑Feb‑1989, he was actually appointed on 15‑Feb‑1989, after the seniority rules were amended on 3‑Feb‑1989. Uppal chall…

The dispute concerned ownership of certain properties and was referred to arbitration, resulting in an award on 26 February 1986. Neither party applied to file the award in court within the 30‑day period prescribed by Article 119 of the Limitation Act, 1963. Six years later, the arbitrator himself filed the award and s…

The Supreme Court examined appeals by four accused convicted of murder, rioting and related offences under the IPC and Arms Act. The prosecution case rested on eye‑witness testimony of close relatives of the deceased, who were present at the scene when the accused allegedly assaulted the victim and, after being urged b…

The National Human Rights Commission filed a writ petition under Article 32 on behalf of about 65,000 Chakma refugees settled in Arunachal Pradesh, alleging persecution, quit notices and threats of eviction by the All Arunachal Pradesh Students Union. The Chakmas had applied for Indian citizenship under Section 5(1)(a)…

The State of Maharashtra entered into a construction contract with National Construction Co. and obtained a performance guarantee from the Central Bank of India. When the contractor abandoned the work, the State sued the bank alone for the guaranteed amount; the suit was dismissed for non‑joinder of the contractor and …

The appellant, Mis National Aluminium Co. Ltd., sought to enforce its right as a beneficiary of compensation under the Land Acquisition Act, 1894, in pending proceedings before the Sub‑Judge of Angul. The respondents, Raj Kishore @ Sahu Jena and others, were served notice but failed to appear. The legal question was wh…

The Ghaziabad Development Authority (GDA) acquired land by issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 on 25‑02‑1986 and a declaration under Section 6 on 26‑02‑1986, both of which were published together on 10‑04‑1986. The respondents challenged the acquisition, arguing that the notifica…

The dispute involved Bhoomidari rights over 38.25 acres in a village undergoing consolidation under the U.P. Consolidation of Holdings Act, where the Gaon Sabha objected to the appellants' entries in revenue records. The Consolidation Officer ordered expunction of the appellants' names, and the Settlement Officer reman…

The appellants, former zamindars, challenged the vesting of their estates in the State of Uttar Pradesh under the U.P. Zamindari Abolition and Land Reforms Act, 1950, which they claimed left their rights to work mines intact. The Collector issued notices to stop mining and offered leases governed by the U.P. Minor Mine…

East India Hotels Ltd., an approved hotel, claimed both the extra depreciation allowance under clause (iii) and the extra shift depreciation allowance under clause (iv) of Item III of Appendix I to the Income Tax Rules for AY 1977-78. The Revenue argued that an approved hotel could claim only the extra depreciation all…

The case concerned ex‑servicemen who retired before age 55 and were re‑employed in the civil service. Their pay was fixed at the minimum scale, and they claimed advance increments where the total of pay plus pension was less than the pay drawn at retirement, invoking Office Memoranda (OM) of 1958 and 1983. The Governme…

The Supreme Court examined a public interest writ petition challenging the allotment of 52 shops and stalls by the then Minister of Urban Development, Smt. Sheila Kaul. The Court found that the allotments were made without public notice, contrary to the policy she herself had framed in 1994, and were granted to her rel…

The Corporation of Madras adopted a dual policy for appointing Education Officers, upgrading the post to Deputy Director and seeking to fill it by transferring a Government officer. The Madras Corporation Teachers' Mandram challenged this action before the Tamil Nadu Administrative Tribunal, which directed the Corporat…

The Madhya Pradesh Triathlon Association filed transfer petitions under Section 25 of the Code of Civil Procedure seeking relief against the Indian Triathlon Federation and others. The parties had earlier agreed to settle their disputes pursuant to Rule XIX of the Indian Olympic Association (IOA) Rules, which mandates …

Mehra and Dubey, the original promoters of Kilpest Pvt. Ltd., fell out and Mehra was removed as director and denied notice of meetings that led to share allotments favoring Dubey. Mehra filed a petition under Sections 397 and 398 of the Companies Act, 1956 alleging oppression and mismanagement, which the High Court tri…

The respondent filed a criminal complaint under Section 138 of the Negotiable Instruments Act, alleging that the appellant had issued two post‑dated cheques which were presented and returned unpaid with the endorsement "Payment countermanded by the drawer" and purportedly for insufficient funds. The appellant contended…

The respondent, an IAS officer of the 1962 batch, was promoted to Additional Secretary but was not empanelled for the post of Secretary. He challenged the non‑inclusion before the Central Administrative Tribunal, which held that the Special Committee had acted arbitrarily by not recording reasons for his exclusion and …

The State of Himachal Pradesh appealed against a decree that had declared the respondents, Sh. Kesha v Ram and others, as owners in possession of a disputed land parcel (Khasra No. 153/1). The respondents had relied on an alleged order of the Assistant Settlement Officer directing a correction in the revenue register, …

Basappa filed a divorce petition under Section 13(1)(i‑b) of the Hindu Marriage Act and obtained an ex‑parte decree on 15‑12‑1989. Basappa died on 26‑05‑1990; the wife, Shantavva, claimed she only learned of the decree on 31‑03‑1990 and was not properly served, filing an application under Order IX Rule 13 CPC to set as…

The Registrar, invoking Section 102(1)(a) of the Maharashtra Co‑operative Societies Act, 1960, issued an interim winding‑up order against Industrial Co‑operative Association Ltd and appointed a special liquidator. The society appealed to the State Government under Section 104, but while the appeal was pending the liqui…

The wife lodged a written complaint with the Women’s Commission alleging that her husband had contracted a second marriage (offence under IPC 494) and was harassing her for dowry (offence under IPC 498A). The Commission forwarded the complaint to the police, who investigated both offences and filed a charge‑sheet; the …

The plaintiff, Manganese Ore (India) Ltd., sued State Bank of India (SBI) and an exporter for payment under letters of credit (LC) issued by SBI. The trial court held SBI not liable because the ore supplied did not meet the quality specifications stipulated in the LC, but the High Court reversed this, holding SBI liabl…

The case arose from a Punjab & Haryana High Court decision that the delegation of power to levy property tax to the Chief Administrator of the Union Territory of Chandigarh under the Capital of Punjab (Development and Regulation) Act, 1952 (as amended) exceeded legislative competence and violated the Constitution. The …

The appellants, Devchand Kalyan Tandel and Jayantilal, were charged under Section 135(1)(a) of the Customs Act, 1962 for transporting ten silver ingots without a transport voucher in a notified area under Section 11‑K. The prosecution recovered the ingots from a secret compartment of an ambassador car and established t…

The appellant, a licensee of several liquor shops under the Madhya Pradesh Excise Act, failed to pay licence fees for July and August 1994. The authorities issued a show‑cause notice, gave him a date to appear, and later published a notification of cancellation and re‑auction, which was subsequently held. The appellant…

In a partition suit, a cinema theatre was allotted to a woman and her minor son subject to payment of Rs.1,55,000 each. Unable to pay, the theatre was auctioned. The appellant advanced Rs.2,10,391 to the woman to set aside the sale, on the condition that she would sell the theatre to him for Rs.7,44,000. The appellant …

The State of Gujarat appealed against a compensation agreement entered into under Section 11(2) of the Land Acquisition Act, 1894, which fixed compensation at Rs. 140 per guntha, an additional 20% for land development, a 15% solatium and interest at 4.5% as of the agreement date. The issue was whether the parties could…

The dispute arose from an agreement for the sale of green tea leaves in which Avijit Tea Co. advanced Rs. 20 lakh, later deposited with a court receiver. Avijit Tea filed a suit for specific performance, which was dismissed by a Division Bench of the Calcutta High Court, and the Bench ordered a refund of Rs. 19,33,873.…