Judgments of 1996

The petition was filed by Bhim Singh, President of the Jammu & Kashmir Panthers Party, seeking a declaration that Section 30(d) of the Representation of the People Act, 1951, which allows the Election Commission to fix poll dates without specifying a maximum interval after withdrawal of nominations, violates Article 14…

The appellant, VAZIR GLASS WORKS Ltd., sought closure of its loss‑making factory under s.25‑0(1) of the Industrial Disputes Act, 1947, but the Maharashtra Government rejected the application on 12‑Oct‑1992. The company filed a review application under s.25‑0(5) within the one‑year period, which remained pending when th…

The appellant, a Syrian Catholic (a forward caste) married a Latin Catholic fisherman (a backward class) and was appointed as a lecturer to a post reserved for Latin Catholics under Articles 15(4) and 16(4) of the Constitution. The appointment was challenged on the ground that she was not entitled to reservation benefi…

The Textile Processors' Association filed a Special Leave Petition before the Supreme Court challenging a Gujarat High Court order that directed its member industries to pay 1% of their gross turnover towards pollution control, despite many of the industries not yet being operational and incurring losses. The petition …

The appellant, Rajbir Singh, challenged the inter-se seniority between himself and M.P. Sharma, who had been appointed to an additional post as a general candidate. The High Court had dismissed the writ petition without addressing the seniority issue because Sharma was not made a party to the proceedings. On appeal, th…

The appellants were served a notice under Section 340 of the Criminal Procedure Code for prosecution under Sections 194 and 195 of the Indian Penal Code, alleging that they had fabricated a false case against two elderly women. The Sessions Judge relied on statements recorded under Section 161 CrPC and on the physical …

Munishwar Dutt Pandey, the senior-most lecturer, was appointed ad hoc Principal of Brijendra Mani Inter College on 1 July 1988 after the previous principal retired. The college’s managing committee later ratified this appointment on 29 October 1988. When the Uttar Pradesh Secondary Education Services Selection Boards (…

The State of Bihar enacted the Bihar Excise (Amendment and Validating) Act, 1995 to give statutory basis to the price fixation of country liquor and the deduction of a 0.70‑paise warehouse‑maintenance charge that had been ordered by the Excise Commissioner. Distilleries challenged the Act, arguing it was beyond the Sta…

U.D. Dwivedi, a scientist in the Defence Research and Development Organisation, challenged his promotion assessment on the ground that the Recruitment and Assessment Centre (RAC) was chaired by Prof. S. Sampath, a former member of the Union Public Service Commission (UPSC). The Central Administrative Tribunal held the …

The case involved the murder of Girishbhai, a VHP secretary, for which 63 persons were charged under Section 302 IPC and Sections 3 and 4 of the TADA Act. Nine appellants were convicted by the designated court based largely on eye‑witness identification. On appeal, the Supreme Court examined the reliability of the iden…

The Supreme Court examined the method for fixing inter se seniority among three categories of officers (Group A, B and C) in the Rajasthan Engineering Subordinate Service (Irrigation Branch) for promotion to Assistant Engineer. Group A officers were temporarily appointed before 30 June 1978, while Group B and C officer…

The National Commission for Scheduled Castes and Scheduled Tribes issued an interim order directing Indian Overseas Bank to halt its promotion process pending investigation of complaints relating to reservation. The bank and the candidates filed a writ petition, and the Delhi High Court set aside the Commission’s order…

Hindustan Steelworks Construction Ltd., a government company registered as a principal employer under the Contract Labour (Regulation and Abolition) Act, 1970, engaged M/s Investigation and Security Services India Pvt. Ltd. as a licensed contractor to supply security staff. The contractor paid the workers lower wages t…

The appellant, a workers' union, challenged the constitutional validity of Sections 9(2), 10(2), 12(1) and 26 of the Central India Spinning, Weaving and Manufacturing Company Limited, the Empress Mills, Nagpur (Acquisition and Transfer of Undertaking) Act, 1986, alleging violations of Articles 14, 19(1)(c) and 21 of th…

The respondents, children of a deceased pakka tenant, sued to declare a 1960 sale deed executed by their mother invalid, alleging that her remarriage in 1958 forfeited her tenancy rights under the Madhya Bharat Land Revenue and Tenancy Act. The trial court, appellate court and High Court held that the mother lost her r…

The Supreme Court examined the compensation payable for the acquisition of 33 acres 84 cents of agricultural land in West Godavari district for FCI godowns. The Land Acquisition Officer had fixed Rs 32,500 per acre, which was enhanced by a Subordinate Judge to Rs 90,000 per acre, a decision later set aside by the Andhr…

The appellant's 60 bighas of land, requisitioned in 1959 under the Assam Land (Requisition and Acquisition) Act, 1948 for settlement of Bangladesh refugees, was compensated at Rs. 300 per bigha under Section 7(1A). The appellant argued that the land, originally granted in 1872 for "special cultivation," should attract …

The Karnataka State Financial Corporation (KSFC) had extended loans to a rubber manufacturing company (Respondent No.1) which defaulted, leading KSFC to take over the unit under Section 29 of the State Financial Corporations Act, 1951 and initiate its sale. After several advertisements, offers were received: the highes…

The Supreme Court examined whether a retired employee of the State Bank of India, who had been elected General Secretary of the SBI Staff Association before his retirement, could continue to represent the union and negotiate with management. The appellants argued that Sections 6(e) and 22 of the Trade Unions Act, 1926 …

The case concerned the alleged conspiracy by senior officials of the Jammu & Kashmir Power Department to award transport contracts for bamboo poles at inflated per‑kilometre‑per‑pole rates, causing wrongful loss to the State. The prosecution proved that the officials deliberately selected non‑transport firms, fixed unr…

The appellant, Commissioner of Wealth Tax, challenged the High Court's order that allowed a deduction of a Rs 30 lakh decree amount as a debt owed by the assessee, Raja Vishwanath Pratap Singh, under the Wealth Tax Act. The decree arose from his father's debts under the U.P. Encumbered Estates Act; the father's estate …

The Municipal Corporation of Delhi (MCD) assessed property tax on flats allotted to Trigon Investment and Trading Private Ltd. (the respondent) despite the absence of a registered sale deed and without serving a notice under Section 126 of the Delhi Municipal Corporation Act, 1957. The respondent argued that, without s…

Dr. SMT. Shipra filed an election petition challenging the election of S.L. Khotwal on grounds of corrupt practices. The petition and its supporting affidavit were served on the returned candidate, but the copy of the affidavit omitted the notarized verification required by Form 25 under Rule 94‑A of the Conduct of Ele…

The case concerned penalty proceedings for the assessment year 1972-73 that had been referred to the Inspecting Assistant Commissioner (IAC) under Section 271(1)(c) and Section 274(2) of the Income Tax Act. The Taxation Laws (Amendment) Act, 1975 deleted sub‑section (2) of Section 274 with effect from 1 April 1976. The…

The deceased wife was attacked by her husband, who beat her, poured kerosine on her and set her on fire. She gave two dying declarations, one to an Executive Magistrate on the day of the incident and another to a Sub‑Inspector the following day, both describing the accused's actions. At trial, the Sessions Court convic…

The dispute arose over the lease of the Opera House, a cinema building in Bangalore, which included fittings, furniture and some machinery but excluded projectors, amplifiers, screen and speakers. After a series of lease deeds spanning from 1944 to the 1970s, the respondents sought eviction of the appellants, arguing t…

The respondents were daily‑wage workers engaged on a muster‑roll under a Central Scheme and were paid from Central Government funds. After the scheme was completed and closed due to lack of funds, their services were terminated. They filed a writ petition in the Himachal Pradesh High Court, which issued an interim dire…

The respondents were daily‑wage workers engaged on a muster‑roll under a Central Government scheme in Himachal Pradesh. After the project was completed and closed due to lack of funds, they were dismissed. They filed a writ petition in the Himachal Pradesh High Court, which issued an interim direction ordering their re…

The petitioners, Bihar State Food and Supplies Corporation Ltd., sought to have suit No. 398/89, which had been transferred to the Subordinate Judge, Patna, re‑transferred back to that court for trial, arguing that the earlier order for a joint trial with suit No. 1028/78 had outlived its purpose. The respondents oppos…

The appellant, Baby Ammal, owned a property in Trivandrum and filed a suit for possession and a declaration that the respondent, Rajan Asari, was merely a licensee. The trial court decreed in favour of the appellant, but the Kerala High Court reversed the decision, holding that a deed executed in 1966 was a valid gift …

The appellant, Masjid Farikunda Mosque, filed a suit for ejectment and possession of a house, claiming it had purchased the super‑structure in 1975 from Mohd. Hussain. The third respondent had earlier bought the same land and super‑structure by a registered sale deed in 1969, making him the true owner. The Madras High …

The trial court passed a decree in favour of the respondent, which the appellant sought to execute. While the decree was being executed, the respondent filed a revision and the High Court stayed the execution. Counsel for the appellant, unaware of the stay, claimed no revision was filed, leading the executing court to …

The appellants' mother filed a suit for perpetual injunction against Dr. Shanti Mathur to prevent alienation of a family property, later filing suits for partition and for a declaration that Dr. Mathur was a benamidar and the property belonged to the joint family. An application was made to amend the plaint to allege t…

The respondents filed an election petition alleging corrupt practices by the appellant, Bashir Musa Patel, under the Representation of the People Act, 1951. The petition was found to lack the specific particulars required by Section 86(5) of the Act. The Bombay High Court, while acknowledging the deficiency, directed t…

The case concerned the promotion of Junior Telecom Officers where 15% of the posts were reserved for Scheduled Castes (SC) and Scheduled Tribes (ST). In the competitive examination, several SC/ST candidates failed to meet the general qualifying marks, prompting the government to constitute a Review Committee as per Cir…

The deceased Madavan was killed in a night-time attack allegedly orchestrated by his brother Krishnan and nephew Vijay Kumar, who waited under a tree and assaulted him with knives. The trial court acquitted the accused, but the Kerala High Court convicted them under Section 302 read with Section 34 of the Indian Penal …

Mohan Singh Rathore, a Rajasthan State Police Service officer, was placed on the select list for promotion to the Indian Police Service (IPS) and his name was approved by the UPSC. The State Government failed to issue the mandatory "no deterioration certificate" before his retirement on 31 May 1988, and consequently hi…

The sole appellant died while his appeal was pending before the High Court. The death was notified late, and the appellant's counsel could not locate the legal heirs to file a substitution application within the prescribed time, leading the High Court to declare the appeal abated and dismiss it. An application filed la…

The teachers (respondents) misused Leave Travel Concession benefits in 1981‑82, leading to recovery actions in 1984‑86. They filed applications before the Karnataka Administrative Tribunal challenging the government's right to recover the amounts. In August 1989 the Tribunal, in similar cases, held that the government …

D. Radhakrishnan, appointed to the Tamil Nadu State Police Service in 1979, was transferred to a cadre post in July 1980 and continuously officiated there. He was first placed on the UPSC‑approved select list in 1979 (continued for 1980), omitted in 1981 due to lack of vacancies, and re‑included in 1982. The Central Ad…

The Allahabad Development Authority had acquired 23 bighas 19 biswas of land for a Transport Nagar Scheme by issuing a notification under Section 4(1) of the Land Acquisition Act, 1894 and taking possession on 2 November 1977 under Section 17(4). The acquisition was later declared to have lapsed under Section 11-A of t…

The Union of India and another party, as tenants of a plot in Worli Estate, challenged a compensation award made by the Special Land Acquisition Officer under the Land Acquisition Act, 1894. They argued that the award of Rs. 8300 per square foot was excessive and that, as tenants, they were entitled to pro‑rata compens…

The case concerned a piece of land acquired under the Land Acquisition Act, 1894 for a public purpose. After the acquisition, a dispute arose over who was entitled to receive the compensation. The single judge had declared the title in favour of the petitioner and the division bench directed a civil court to determine …

Sarvinder Singh filed a suit for declaration of ownership of land based on a registered will of his mother dated 26 May 1952, also relying on an earlier decree granting him possession. He obtained an interim injunction against the defendants, which was later vacated. The defendants, heirs of Rajender Kaur, alienated th…

Ms. Anjali Bepari was appointed as a Gram Sevika under the Central Social Welfare Board Scheme against a casual vacancy on 11 February 1992 and sought regularisation of her services. The Single Judge of the Calcutta High Court rejected her claim, holding the appointment was not in accordance with the rules, but a Divis…

ELPRO International Ltd., a manufacturer of X‑ray components, obtained a final order from a three‑member bench of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) which was later rectified by another three‑member bench. Subsequent applications for further rectification were heard by a two‑member bench …

Sundaram Clayton Ltd. issued 20,40,000 worth of bonus shares by capitalising its general reserves in the assessment year 1971-72 and claimed that the bonus issue should be proportionately added to its share capital for the purpose of computing capital under Rule 3 of Schedule II of the Companies (Profits) Surtax Act, 1…

The appellant, Ramesh Babulal Doshi, was charged with the murder of Khodibhai Patel and related offences. The prosecution relied solely on circumstantial evidence, including sightings of the appellant with the deceased, a trunk containing the body, and blood‑stained articles recovered from the appellant's flat. The tri…

Kiran Bala sold her residential house to relatives to pay debts, but the sale was declared null and void as a fraudulent transfer under the Transfer of Property Act. The decree-holder sought to attach and sell the house in execution of a money decree, while the appellant claimed exemption under Section 60(1)(ccc) of th…

The appellant, a Hindi teacher, was appointed on a six‑monthly contract in 1980 and regularised in 1984. In 1990 the Education Department ordered her removal, claiming her teacher‑training certificate from Uttar Pradesh was not recognised by Haryana. The Department relied on a 7 July 1981 circular that barred recruitme…

The State of Bihar appointed retired Patna High Court Judge Suresh Chandra Mukherjee as Presiding Officer of an Industrial Tribunal, but failed to honor the re‑employment conditions stipulated in the notification. Mukherjee filed a writ petition in the Patna High Court seeking enforcement of those benefits, and the Hig…

Sukhdeo, a Class III government employee with 30 years of service but under 55 years of age, was compulsorily retired on 23 March 1990 under Rule 65(1)(b) of the Maharashtra Civil Services (Pension) Rules, 1982, based on adverse remarks in his confidential reports for 1987‑88 and 1988‑89. The remarks were contradictory…

The State of Karnataka, by the Karnataka Motor Vehicles Taxation (Amendment) Act 1989, inserted sub‑section (4) in Section 3 of the Karnataka Motor Vehicles Taxation Act, 1957, imposing a special additional tax on each occasion a motor vehicle carries passengers in excess of its permitted capacity. The respondents chal…

N. Patnaik, a senior engineer in the Orissa Irrigation Department, was compulsorily retired in 1986 under Rule 71(a) of the Orissa Service Code on the recommendation of a Review Committee that cited adverse entries in his confidential reports and several pending investigations. Patnaik challenged the retirement before …

The Supreme Court examined two appeals concerning the recruitment of Inspectors of Central Excise and Income‑Tax. The advertisement required a university degree by 1 August 1992, but allowed ex‑servicemen who were not graduates to be deemed graduates upon completing 15 years of service in the Armed Forces. The question…

The petitioners sought additional compensation for land acquired under a 1971 notification after a High Court enhanced the award for other claimants to Rs.135 per square yard. The petitioners had earlier obtained a reference under Section 18 and an enhancement under Section 26, but they did not appeal to the High Court…

The Union of India, through the Chief of Revenue, Central Coalfields Ltd., appealed against a Bihar High Court order that had granted an interim stay of execution of an award in favour of Janki Mahato and others. The High Court had also ordered service of notices on a large number of respondents. The sole question befo…

The Delhi government had granted a shop licence on compassionate grounds to the widow of a freedom fighter in 1992. The respondent applied for renewal in 1994, but the renewal application, affidavit and vakalatnama were not signed by her, indicating forgery. A show‑cause notice was issued for eviction and the responden…

The case concerned a dispute over two settlement deeds executed by Seshamma in 1958 in favour of her daughters, and a later will revoking one deed and bequeathing the property to the other daughter. After Seshamma’s death, the daughter Hymavathy filed suit claiming ownership, while the husband of the other daughter Vim…

The Supreme Court examined the allotment of shops in a new marketing complex by the New Delhi Municipal Committee (NDMC) to long‑standing roadside stall‑holders on a concessional licence fee and with relaxed trade‑zoning restrictions, while other traders obtained shops at higher fees and with strict zoning. The appella…

The appellants, two assistant teachers belonging to the Lohar caste, claimed that they were a Scheduled Tribe under the Scheduled Castes and Scheduled Tribes Order, 1950 (as amended in 1976) and sought promotion under the ST quota. They relied on the Hindi version of the Schedule, which listed "Lobar," and on earlier H…

The appellants, direct recruits appointed as Assistant Directors of Industries on 29‑09‑1980 under the Madhya Pradesh State Industries (Gazetted) Service Recruitment Rules, 1965, challenged a seniority list that placed ad‑hoc promotee respondents, appointed on 27‑09‑1980 without Public Service Commission approval, abov…

The Supreme Court examined two appeals challenging High Court orders that directed the Haryana State Electricity Board to appoint the heirs of deceased employees on compassionate grounds. The petitioners argued that compassionate appointments are meant to provide immediate financial relief to dependents of a deceased e…

The dispute arose from a family partition and subsequent land demarcation ordered by the Assistant Director of Land Records, which was challenged by the respondents. The respondents appealed the demarcation order under Section 49 of the Karnataka Land Revenue Act, 1956, and the appeal was allowed, setting aside the ori…

The Supreme Court entertained a petition under Article 136 of the Constitution, noting that the controversy was already covered by its earlier order in C.A. 3204/95 where delay was condoned and the matter was remitted to the High Court. Accordingly, the Court set aside the Rajasthan High Court’s order dated 12 January …

The Municipal Committee of Abohar operates the Patel Water Works and sought to exclude its water‑department employees from the Employees' State Insurance Act, 1948. The Committee objected when a notice under Section 45‑A of the Act was issued, leading to an appeal under Section 75 after the Insurance Court affirmed the…

The appellants appealed against the execution of a perpetual injunction decree that barred their mother from opening a window in a joint wall. The trial court had held the wall to be a 1½‑ft joint wall and the decree became final. Subsequent admissions showed that the original joint wall had been replaced by a new 9‑in…

The Supreme Court considered the compensation payable for 12.5 acres of land acquired by the State of Maharashtra for extending a thermal power station. The original award fixed Rs 3,000 per acre, later enhanced on a per‑square‑foot basis, which the Court held to be illegal. It ruled that compensation cannot be based o…

The case concerned a sale of immovable property belonging to a Muslim minor, whose father had died. The mother, acting as guardian, executed the sale to the appellant in 1949. The question before the Supreme Court was whether, under Muslim law, the mother could be a legal guardian of the minor’s property and thus valid…

Sikh Newspaper Ltd., a newspaper company, was unable to function due to a deadlock among its shareholders. The Supreme Court had earlier ordered an arbitrator to determine the genuine shareholders as of 10‑Nov‑1987 and to fix a date for a general body meeting, directing the company to convene the meeting and to maintai…

The appellant was appointed temporarily as a medical officer in March 1966, then drafted as a commissioned officer in the Army during a national emergency, and later regularized as a Civil Assistant Surgeon on 6 September 1966. The respondents were appointed temporarily on 29 September 1964 and regularized on 15 July 1…

The case arose from a decree of the trial court directing the defendants to remove a wall that obstructed the plaintiffs' light and air, with a requirement to maintain a three‑foot setback from the northern wall. The appellants argued that the decree, if given a literal meaning, required demolition of the entire double…

The respondent, an Agriculture Engineer, was alleged to have committed misconduct and, after retiring on superannuation on 31 July 1982, a disciplinary inquiry was initiated on 28 July 1984. He challenged the jurisdiction of the Government to prosecute a retired servant, arguing that the Governor must be personally sat…

The Supreme Court considered appeals by the Deputy Director (Minerals), Dalantgunj Circle and related officials against a Patna High Court order directing them to appoint candidates for Class III and IV posts from a list prepared by the Deputy Commissioner/District Magistrate. The appellants argued that the Department …

The Punjab State Electricity Board (PSU) was directed to consider the promotion of Sawinder Singh as on 14 November 1986, after the Board had abolished its quota system and adopted a seniority‑cum‑merit principle. The Board appealed, arguing that the date of consideration was irrelevant because the legal framework had …

The Supreme Court examined the acquisition of several thousand acres of land for the planned development of Delhi under the Land Acquisition Act, 1894, where notifications under Section 4 were issued between 1959 and 1965 and declarations under Section 6 between 1966 and 1969, but awards were delayed until 1979‑83. The…

Mis Cheema Engineering Services sold a brick‑making machine ("Brickman") to Rajan Singh. The dispute centered on whether Singh used the machine for self‑employment, i.e., exclusively to earn his livelihood, or for a commercial purpose, which would exclude him from the definition of "consumer" under Section 2(1)(d) of t…

A compound wall erected at police quarters in Nizamabad obstructed a public way, leading to an ex‑parte decree for its demolition. A warrant for demolition was issued and court officers proceeded to the site, but Circle Inspector Narasimha Raju, Sub‑Inspector Laxminarayana and other police personnel intervened, seized …

The State issued a notification (Section 4) on 16 Oct 1987 and a declaration (Section 6) in June 1988 to acquire land for a telephone exchange. Because the Land Acquisition Officer failed to make a compensation award within the two‑year period prescribed by the newly inserted Section 11‑A (Amendment Act 68 of 1984), th…

The dispute concerned the conduct of elections to the Goa State Co-operative Bank Ltd., a society whose status under the Multi-State Cooperative Societies Act, 1984 was contested. The High Court had directed the Registrar to hold elections based on the assumption that the society's amended bye‑laws were approved, but t…

Metal Box Co. of India Ltd. manufactured aluminium tubes by extrusion and performed post‑extrusion operations such as coating, printing and fitting plastic caps supplied by Colgate‑Palmolive. The Central Excise authority demanded duty on the tubes including the value of the caps, which the company contested, arguing th…

The appellants challenged a memorandum that allowed relaxation of qualifying marks for Scheduled Castes and Scheduled Tribes in promotion examinations, arguing it violated the Constitution. The Central Administrative Tribunal had held that such relaxation fell within the reservation power under Article 16(4) and was sa…

Najaf Khan executed a will bequeathing all his property to his son's mother‑in‑law, Musamat Kariman, and added a note stating that after her death the property would become a wakf for the maintenance of a mosque. The Punjab Wakf Board sued to have the property declared a wakf, but the lower courts held that the wakf ha…

The respondents, a registered partnership firm, filed a suit to recover Rs. 58,880 on a promissory note dated 1 April 1960. During the pendency of the suit one of the partners died, and the trial court dismissed the suit on the ground that the deceased partner’s legal representatives had not been joined as parties. The…

The dispute concerned a partition suit filed by Mattulal against his brother Govinddas, wherein Govinddas claimed that the land had been gifted to their cousin sister Kasturibai. The lower courts held that the alleged gift was not valid because no registered deed, signed by the donor and attested by two witnesses, exis…

The petitioners were appointed as ad‑hoc lecturers in the Union Territory of Pondicherry and later appeared for regular recruitment through the Public Service Commission but were not selected. They filed petitions before the Central Administrative Tribunal seeking regularisation of their services. The Tribunal dismisse…

The State of Maharashtra issued a notification under Section 4(1) of the Land Acquisition Act, 1894 to acquire land for housing weaker sections, followed by a declaration under Section 6 after an enquiry. Respondent No.3 challenged the acquisition, arguing that Section 3-A of the Bombay (Amendment) Act, 1945 required t…

The Supreme Court examined whether lands alienated by Kishun Singh to his sons and daughters‑in‑law on 10 September 1970, prior to the Uttar Pradesh Imposition of Ceiling on Land Holdings Act amendment, should be treated as owned by the sons or as ostensible holdings of the tenure‑holder. The Court held that Explanatio…

In July 1984 foreign trawlers chartered by V.B.C. Exports Pvt. Ltd. and others were seized for fishing in Indian maritime zones at a depth of less than 40 fathoms, violating permit conditions. The trial court convicted the vessel owners but acquitted the charterer companies and their managing directors; the Bombay High…

The appellants Bijaya Kumar Agarwala and Jagdish Prasad were stopped while transporting paddy in trucks that exceeded the quantity permitted for storage under the Orissa Rice and Paddy Control Order, 1965, and were convicted under Section 7 of the Essential Commodities Act, 1955 for allegedly storing the commodity with…

The appellant Raj Kishore Prasad was alleged by two witnesses to have urged his brother, the accused Avadh Kishore, to kill the victim, but the police filed a report only against Avadh Kishore. The Chief Judicial Magistrate (CJM) dismissed the informant's application to summon the appellant, but the Sessions Court, on …

In the 1993 Nagaland Legislative Assembly election for Dimapur Constituency No.1, Vikheshe Sema was declared winner by a margin of 137 votes over Hokishe Sema. The respondent filed an election petition alleging that duplicate entries in the electoral roll had allowed some voters to cast more than one vote, thereby mate…

Thirteen residents of Kusi village were prosecuted after three men from the neighbouring Malpura village cut open a bund, diverting water during a drought. The Kusi villagers attempted to restore the bund, were resisted, and four of them shot the three intruders, causing their deaths. The trial court convicted the four…

The decree-holder obtained a decree in 1949 and later sold the attached house to an auction purchaser. After a compromise failed, a fresh execution application was filed on 16 November 1961, more than twelve years after the decree, leading to the sale of the property. The widow and daughters of the original judgment de…

The Supreme Court entertained a public‑interest writ under Article 32 filed by the registered society "Common Cause" seeking relief for under‑trial prisoners and accused persons in pending criminal matters. The Court observed that prolonged pendency of criminal cases infringes the right to life and liberty guaranteed b…

Purna Chandra Nanda, a Veterinary Extension Officer, was posted as Dairy Overseer in 1969 and claimed promotion to Dairy Supervisor, subsequently serving as Farm Manager. He sought equal pay for equal work, arguing that the Farm Manager post, being interchangeable, entitled him to the pay scale of a Class II Gazetted o…

The HAL Employees Union appealed against a lock-out imposed by the employer from 4/5 June 1978 to 18 June 1978, during which wages were deducted. The Industrial Tribunal had held the lock-out to be both legal and justified, and therefore no wage claim arose. The appellant argued that the strike preceding the lock-out w…

The appellant, initially appointed as a Store Munshi in a work‑charged establishment, was later regularised and promoted to Store Keeper in the regular cadre. A rationalisation scheme dated 5 September 1988 was introduced to align pay scales and promotional avenues of work‑charged employees with those in the regular ca…

The Primary Agriculture Credit Cooperative Societies (PACS) challenged the constitution of the Rajasthan Credit Cooperative Institutions Cadre Authority Limited and the Registrar's power to compel PACS to contribute to a salary fund for paid secretaries under the Central Cooperative Bank Rules, 1969. The Supreme Court …

The plaintiff, a regular subscriber to a Cochin kuri, sued the State of Kerala and the foreman for the share of unpaid auction discount that he claimed was due to him. The trial court held that the foreman could only retain the commission expressly provided in the Vaimpu and that any forfeited auction discount of non‑p…

The petitioners, employees of the Punjab Civil Secretariat, challenged the State's reservation policy, arguing that members of Scheduled Castes (SC) and Backward Classes (BC) who had been promoted under the roster system were being given undue advantage in subsequent promotions against general‑category posts due to the…

Ahmedabad Manufacturing and Calico Printing Co. Ltd. set up two new industrial undertakings – a polyester fibre plant (1975‑76) and a Sulzer plant (1976‑77) – and claimed relief under Section 80K of the Income Tax Act, 1961, together with a certificate under Section 197(3) for dividend exemption in the assessment year …

All India Tea and Trading Co. Ltd. received Rs. 1,24,638 as compensation when its agricultural land in Assam was requisitioned under the Assam Land (Requisition and Acquisition) Act, 1948 and allotted to refugees who continued to cultivate it. The company claimed the compensation was agricultural income and therefore e…

The appellant, owner of a plot in South Calcutta, entered into a sale agreement with the respondent for Rs 9 lakhs, requiring an initial payment of Rs 25,000 and a further Rs 4 lakhs within five months, the latter being essential for the appellant to obtain alternative accommodation. The respondent failed to pay the Rs…

The case concerned compensation for lands acquired in Vavol Village, Sector 4, under the Land Acquisition Act, 1894. The acquisition notification was issued on 7 July 1983 and the Land Acquisition Officer initially fixed compensation at Rs 20‑24 per sq m, which the reference court later raised to Rs 94‑110 per sq m. On…

The Director of Settlement exercised suo motu revision power under Section 5(2) of the Andhra Pradesh (Andhra Area) Estate (Abolition and Conversion into Ryotwari) Act, 1948 to set aside a 1983 order granting a Ryotwari patta that was found to contravene statutory provisions. The High Court held that the Director’s exe…

The State of Assam appealed against a High Court order that had held the respondents were not encroachers on government waste land. The respondents had taken possession of the land without a lease or written permission under Rule 16 of the Settlement Rules and had paid "Touzi Bahira" revenue to a mauzdar. The Supreme C…

Shri Krishna Pandey retired from service on 31 March 1987. After his retirement, a departmental enquiry for alleged embezzlement of Rs. 2,47,779 was initiated on 21 April 1991, and his pension was withheld under Regulation 351-A of the Civil Services Regulations. The High Court directed that his pension be paid, a deci…

The respondents, who had been employed as mazdoors between 1961 and 1969, sought to have their dates of birth corrected in service records after receiving retirement notices in 1995, relying on Panchayat certificates and requesting a medical board assessment. The single judge of the Andhra Pradesh High Court dismissed …

V.G. Desai, a former telephone operator, sought retirement on medical grounds and the release of his General Provident Fund (GPF). The Central Administrative Tribunal (CAT) ordered payment of GPF, leave salary and interest from 20 April 1972 but denied pension, later directing that he be treated as retired on 1 June 19…

The appellant was arrested at a bus stand in Delhi and a country‑made pistol with live cartridges was seized from his person. The prosecution relied solely on the depositions of police officers and an armourer who tested the weapon, as no independent civilian witnesses could be procured. The appellant contended that th…

The Agricultural Income Tax Officer assessed Rs 84,788.78 for the period 1956‑58, which was quashed by the Kerala High Court on 1 January 1968, limiting liability to a 1/693 share of the estate. The appellants filed a suit in 1974 to recover amounts already paid by successors; the trial court decreed in their favour, b…

The appellants challenged a sale deed dated 29 September 1959, alleging that it was obtained by fraud, misrepresentation and without consideration. The trial court dismissed the suit, finding the deed valid; the first appellate court reversed that finding, holding that adequate consideration had been paid and no fraud …