Judgments of 1997

The Physical Research Laboratory (PRL), a government research institute under the Department of Space, retired employee K.G. Sharma at age 58, prompting him to claim a statutory retirement age of 60 under the Industrial Disputes Act, 1947. The Labour Court held that PRL was an "industry" within the meaning of Section 2…

The State, through a notification under Section 4(1) of the Land Acquisition Act, 1894, acquired 12 hectares of land in Marida village for a highway project. The Land Acquisition Officer initially awarded compensation of Rs.250 per are, which was enhanced to Rs.2,500 per are by the Assistant District Judge under Sectio…

The landlord, Ansuya Ben Kantilal Bhatt, filed a suit in 1966 seeking eviction of tenant Rashiklal Maniklal Shah under the Bombay Rents, Hotel & Lodging House Rates Control Act, 1947 on the grounds of personal occupation and alleged rent default. After 31 years of litigation, the Supreme Court examined whether the land…

The respondents, employed as Revisors in the Punjab and Haryana High Court, claimed that they were entitled to the pay scale of Superintendent Grade II retrospectively from 23 January 1975. The original 1973 Service Rules placed Revisors on a lower pay scale, and only a notification dated 5 August 1980 redesignated the…

The appellant, a Provident Fund Inspector, was tried for accepting a bribe to exempt a hospital from statutory provident‑fund contributions under Section 161 of the IPC and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947. The Special Judge acquitted him, but the Kerala High Court set as…

The accused Mahendra Singh and five others were convicted by the trial court for murder, attempted murder and rioting under Sections 148, 302/149 and 307/149 IPC based on the testimony of three eye‑witnesses. The Allahabad High Court set aside the convictions, holding that the prosecution had not proved the guilt of th…

Sureendra Narain (Munna Pandey) was convicted of murder under IPC s.302 for shooting Shree Prakash in a rickshaw. The prosecution relied on three eye‑witnesses who named the accused in the FIR, and the accused surrendered later and sought a test identification parade, which was ordered by the Sessions Court but never c…

The case involved a politically motivated murder of Nalluri Thirupathaiah in the office of a revenue officer on 26 February 1988. Seven appellants were alleged to have formed an unlawful assembly, entered the office armed, and killed the deceased with axes and knives. The trial court acquitted them, relying on the alle…

The petitioner, a former Joint Secretary who retired in 1968, sought to have his pension calculated on the same basis as those who retired after the 1979 liberalised pension formula was introduced, arguing that the Supreme Court's decision in D.S. Nakara required uniform treatment irrespective of retirement date. The G…

The appellant, Mis Sun Export Corporation, imported six consignments of vitamin AD‑3 premix (feed grade) and claimed refund of customs and counter‑vailing duties on the ground that the product was an ‘animal feed’ covered by Notification No. 234/82‑CE, which exempts such goods. The Customs, Excise and Gold (Control) Ap…

The widows of a casual railway labourer who had completed six months of service and obtained temporary workman status, but died before being appointed to a temporary post, claimed family pension under the 1964 Family Pension Scheme. The Supreme Court examined whether such pension benefits are available to casual labour…

The Supreme Court examined the allocation of 40 flats in a cooperative society built on government land, where the builder had allotted them to non‑Dalit members contrary to the reservation regulations favoring Dalits. The Registrar of Cooperative Societies investigated and found the allotments illegal, directing that …

K.G. Padmanabha Prabhu owned several parcels of land with trees in Polluttu village. The Kerala State Electricity Board, invoking Section 51 of the Indian Electricity Act, 1910 and Sections 10 to 16(3) of the Indian Telegraph Act, 1885, acquired the trees and laid electric lines across the land. The appellant claimed c…

In 1980 the Haryana Irrigation Department requisitioned four Sub‑Divisional Clerk vacancies, but the Subordinate Service Selection Board prepared a list of 28 candidates in 1982 and recommended eight for appointment in the Hathnikund circle. The Superintendent Engineer returned the list, stating that the circle had not…

The Food Corporation of India (FCI) issued a charge-sheet against Bantsingh and others and, under Rule 58(8) of its Staff Regulations, denied the respondents permission to engage a retired employee, Kamal Kumar, as a defence assistant in the departmental enquiry. The respondents filed a writ petition in the Punjab & Ha…

Fenner (India) Ltd entered into an agreement with Vijay Exports for a purchase advance of up to Rs 30 lakh, secured by a bank guarantee issued by Punjab and Sind Bank. Fenner advanced Rs 20 lakh, but Vijay Exports defaulted on repayment, prompting Fenner to sue the bank for the amount advanced plus interest. The trial …

The appellant, an Executive Engineer, was tasked with a visual inspection of a drainage project and submitted a report. Subsequently, an FIR was lodged against the contractor and staff, leading to the suspension of 95 employees, including the appellant. After reinstatement, the appellant was denied promotion while his …

The respondents, police personnel, were accused of misbehaving with two women and were subjected to a departmental enquiry and a criminal case, which was later withdrawn. They repeatedly failed to appear before the Enquiry Officer despite several opportunities, leading the Officer to record ex parte findings and recomm…

The Haryana Seeds Development Corporation Ltd. closed several of its seed sales units after heavy floods, resulting in the termination of several employees, including the respondents. The employees sought a reference under Section 10(1)(c) of the Industrial Disputes Act, claiming that their termination amounted to retr…

The Delhi Judicial Service Association filed a writ petition under Article 32 of the Constitution alleging a shortage of accommodation in the Tis Hazari Courts. The Supreme Court constituted a three‑advocate committee to inspect the premises and report on vacant rooms. The committee identified several vacant rooms, dir…

The appellants, owners of a one‑third share in land acquired under the Land Acquisition Act, were awarded compensation by the Land Acquisition Officer, which was later enhanced by the Reference Court under Section 18. The respondent appealed to the High Court, which further increased the compensation. The appellants th…

Nand Lal Pant, a Trained Graduate Teacher appointed in 1974, was asked to officiate as a Post‑Graduate Teacher (Sanskrit) from 1986 when a vacancy arose. He repeatedly sought promotion to the PGT (Sanskrit) post, but his representations were rejected on the ground that there was no regular promotion channel from the TG…

The Agricultural Market Committee, a statutory body under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966, levied a market fee on Shalimar Chemical Works Ltd for its purchase of copra. The respondent challenged the fee, arguing that the sale occurred in Kerala, not within the notified market a…

Dwarikesh Sugar Industries Ltd. entered into a contract with Prem Heavy Engineering Works (P) Ltd. for supply of equipment, the latter furnishing two unconditional bank guarantees from State Bank of India. When the equipment was not delivered, Dwarikesh invoked the guarantees, but Prem obtained ex parte injunctions res…

The plaintiff purchased land from Kshirodamani Dasi, who had sole occupancy rights, and sued the defendants for declaration of title and possession. The defendants, after having trespassed on the land, raised a new plea in a second appeal before the Calcutta High Court, claiming that under the West Bengal Estates Acqui…

The case arose from the 1993 bomb blasts in Bombay, after which the CBI took over investigation and sought non‑bailable warrants under Section 73 of the Criminal Procedure Code (CrPC) and Section 8(3)(a) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) to apprehend several absconding accused. The Desi…

The Collector of Central Excise, Patna appealed against the Customs, Excise & Gold (Control) Appellate Tribunal’s order that the value of motor vehicles for the automobile cess should be computed under the Central Excises and Salt Act, 1944, as per Rule 3 of the Automobile Cess Rules, 1984. The assessee, Tata Engineeri…

The respondent, a dairy helper, was dismissed for inflating milk supply and fat content. The domestic enquiry was held defective by the Labour Court, which then allowed both parties to present fresh evidence; the Court found the misconduct proved and the dismissal justified. The High Court altered the Labour Court's aw…

The appellant, a spinning and weaving mill, installed pumps in 1989 to draw water from the river Wana for industrial use. The Maharashtra Government, under Section 70 of the Maharashtra Land Revenue Code, 1966, issued a resolution fixing rates of water cess for non‑agricultural purposes, and the Tehsildar levied cess o…

The petitioner, a bank official of Tulsi Gramin Bank, was charged under Section 3 of the Regional Rural Banks Act, 1976 for dereliction of duty and, after a disciplinary inquiry, three salary increments were withheld cumulatively. On appeal, the appellate authority ordered that "one increment is released" and warned th…

Murlidhar Jalan, the appellant, claimed title to a parcel of government land on the basis that he had originally obtained a 99‑year lease which expired in 1965. Although the lease was not formally renewed, a government officer continued to accept rent from the appellant. The appellant sought a declaration that he was t…

The respondent, who owned a parcel of land, served a notice to the appellant to vacate and obtained a final order of eviction, which was confirmed by the Supreme Court. Execution proceedings were later initiated, but the appellant objected, arguing that more than twelve years had elapsed and the order could not be enfo…

Anil Bapurao Kanase, a seasonal worker in the chemistry section of Krishna Sahakari Sakhar Karkhana Ltd., was terminated after the sugar crushing season ended. He claimed that the termination amounted to retrenchment under Section 25‑F of the Industrial Disputes Act, 1947, and sought a reference before the Industrial T…

The petitioner, Y.R. Veeranna, claimed occupancy‑tenant rights over 13 acres 24 gunthas in K.R. Nagar Taluk under Sections 44 and 48‑A of the Karnataka Land Reforms Act, filing a Form‑7 application. The Tribunal and the Karnataka High Court rejected his claim because he was not personally cultivating the land; his sons…

The petitioners, members of the Okhla Enclave Joint Action Committee, filed writ petitions under Article 32 alleging that the builder (Durga Builders Ltd., the ‘coloniser’) was not sincerely allotting the plots they had booked. The dispute centered on whether the coloniser should allocate plots under the existing schem…

The appellant, D.P. Patil, retired in 1975 and failed to exercise the option to switch to a pension scheme during several extensions of the deadline. After others were granted pension benefits by a Tribunal, he filed a petition claiming ignorance of the extensions and sought a pension. The Tribunal granted the pension,…

The Supreme Court revisited its earlier direction in Union of India v. Ghanshyam Dass Kedia (1996) concerning the allotment of land to 19 petitioners. Applications filed by the Union of India and the Delhi Development Authority (DDA) proposed four alternatives for allocating plots. After hearing counsel, the Court acce…

The Sector‑6 Bahadurgarh Plot Holders Association filed a contempt petition alleging that the State of Haryana had failed to comply with a Supreme Court direction to fully develop the allotted plots within six months. The Supreme Court had earlier ordered that the sector be "fully" developed, not merely "almost fully,"…

The appellant, Ramavatar, sought promotion to Engineer‑in‑Chief on the basis of a Scheduled Tribe (ST) status. The Supreme Court examined his claim by directing him to submit a genealogy table of his family history. The affidavit revealed that his ancestors originated from Bilaspur, Madhya Pradesh, migrated to Bihar, a…

The respondents' property was acquired under the Requisitioning and Acquisition of Immovable Property Act, 1952. After the Land Acquisition Collector fixed compensation, the respondents objected and an arbitrator enhanced the award. The Single Judge set aside the arbitrator’s award and fixed a uniform enhanced compensa…

The Jawahar Lal Nehru Krishi Vishwavidyalaya had undertaken a project under a scheme sponsored by the Indian Council of Agricultural Research (ICAR), creating 625 posts that were co‑terminus with the scheme. Employees working as binders, machine operators and Class IV staff filed a writ petition in the Madhya Pradesh H…

The Nadar Mahajan Sangam established N.M.S.S. Vellaichamy Nadar College in 1965, but the term of its managing society committee expired on March 31, 1966 and elections could not be held, leading to a disputed management of the college. A trial judge, instead of conducting an inquiry himself, directed the District Regis…

The appellants, originally employed on the diesel side of Indian Railways, were trained and transferred to the electrical locomotive side after the introduction of electric engines. A dispute arose regarding the inter‑se seniority of those already working on the electrical side versus the transferred diesel employees. …

The petitioners, teachers in privately aided Ayurvedic, Unani and Homeopathic colleges, sought to obtain pension and gratuity benefits under the Maharashtra State Government Civil Service (Pension) Rules, 1982, which did not expressly cover them. The State of Maharashtra argued that extending such benefits to all teach…

The State of Madhya Pradesh appealed against a High Court order that had set aside a confiscation order against the owner of a truck that was found carrying 120 teak logs illegally. The truck was stopped by forest officials; the occupants opened fire and fled, and the vehicle was seized under Section 15(6) of the Madhy…

The Supreme Court examined whether Rules 16 and 30 of the Punjab and Haryana High Court Establishment (Appointment and Conditions of Service) Rules, 1973—rules that dealt with recruitment quota and seniority—came into force on 1 March 1974 or on 23 January 1975. The Court held that the proviso to Article 229(2) of the …

The appellant, a tenant, entered into an 11‑month lease in February 1988 but later fell into arrears, eventually defaulting for six months. The respondent, the landlady, sought eviction under Sections 10(2)(i) and 10(2)(ii)(b) of the Tamil Nadu Building Lease and Rent Control Act, 1960, alleging wilful default and unau…

The Union of India, on behalf of a Gaon Sabha, acquired land under the Land Acquisition Act, 1894, and a dispute arose over compensation for land recorded as "gair mumkin pahar". The respondents, Sher Singh and others, claimed they were the Bhumidhars of the land and therefore entitled to compensation, while the Gaon S…

The Supreme Court examined whether the Dandakaranya Project, undertaken by the Central Government for refugee rehabilitation, qualified as an "industry" under Section 2(j) of the Industrial Disputes Act, 1947, and whether the Industrial Tribunal could lawfully direct the regularisation of 425 non‑ministerial regular (N…

The petitioner, a practising advocate belonging to a Scheduled Caste, applied for an Additional District & Sessions Judge vacancy in 1985, which was reserved for a Scheduled Tribe (ST) candidate. No suitable ST candidate was available, and the vacancy remained unfilled while three Scheduled Caste candidates were select…

The appellant, Chemical and Fibres of India Ltd., manufactured nylon yarn and, in the process, produced polymer chips (Nylon 6 chips) from caprolactam monomer. The issue was whether these polymer chips fell within Item 15A of Schedule I to the Central Excise and Salt Act, 1944, as it stood between 1962‑1972 – first as …

The Supreme Court examined a massive promotion anomaly in the Uttar Pradesh Food and Civil Supplies Department where numerous junior clerks were promoted to Supply Inspector posts in violation of seniority rules, depriving senior employees of their rightful promotions. The petitioners argued that these promotions breac…

The Employees' State Insurance Corporation (ESIC) sought to include the Managing Director (MD) of Apex Engineering Pvt. Ltd., Shri V.N. Dhanwate, among the company's employees for purposes of coverage under Section 2(12) of the Employees' State Insurance Corporation Act, 1948. The lower courts held that the MD was not …

Mis Anand Commercial Agencies, a partnership engaged in manufacturing groundnut oil, imported oil from Karnataka and was taxed at the higher rate of 6½ paise per rupee under Entry 24(a) of the Andhra Pradesh General Sales Tax Act, 1957. The firm contended that this rate was discriminatory and violated Articles 301‑304 …

Bilal Ahmad Kaloo, a Kashmiri youth and member of the militant outfit Al‑Jehad, was arrested in Hyderabad for allegedly spreading communal hatred among Muslims and possessing a revolver and cartridges. The Designated Court under TADA acquitted him of TADA offences but convicted him under IPC sections 124A (sedition), 1…

Madan Lal, a school headmaster, was charged under Sections 376/511 IPC for attempting to rape a 13‑year‑old student who he allegedly detained at his residence and forced to sexual intercourse. The trial court acquitted him, finding the victim’s testimony unreliable, the medical report inconclusive, and the semen eviden…

The accused were arrested for smuggling arms and were tried by a Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Arms Act, 1959. The trial court convicted them, relying on an order dated 3 September 1993 issued by the Director General of Police, which the appellants …

M/s RamBal Private Ltd., a manufacturer of nuts, bolts and screws for automobiles (item 20 of the Fifth Schedule), claimed a 35% development rebate under Section 33(1)(b)(i)(A) of the Income Tax Act, 1961 for machinery installed before 1‑April‑1970. The Income‑Tax Officer allowed only a 20% rebate, contending that the …

Nirma Industries Ltd., a manufacturer of washing powders, launched a prize‑lottery scheme by placing coupons in its detergent packs. A consumer complaint alleged that Nirma had raised the price of its detergent shortly before the scheme to recover the value of the prizes, constituting an unfair trade practice under Sec…

The Union of India sought excise duty on calcium carbide produced by Delhi Cloth & General Mills Co. Ltd. (DCM) for use as an intermediate in its acetylene gas plant. DCM argued that the carbide was not marketable—lacking purity and proper packaging—and therefore not an excisable commodity. The Appellate Collector and …

The builder constructed an eight‑storey building called "White House" in Delhi, delivering flats to purchasers including the appellants. It was later discovered that the top four floors were built in violation of municipal regulations, leading the New Delhi Municipal Council to demolish those floors. The flat owners su…

The appellant, Tanviben Pankaj Kumar Divetia, was convicted under Section 302 read with Section 34 of the IPC for the murder of her mother‑in‑law, based solely on circumstantial evidence. The conviction was upheld by a third judge of the Gujarat High Court after a division bench was split, and the appellant appealed to…

The appellant, Managing Director of Karna Distillery Co., transferred Rs 1,74,639 to a partnership firm owned by his children, later showing the amount as returned and then as a loan to the children. The Assessing Officer added the interest on this amount to the appellant's income under Sec. 61 of the Income‑Tax Act. T…

The respondent, K.G. Sangameswaran, an accountant employed by United Planters Association, was dismissed for alleged misappropriation. He appealed the dismissal under Section 41(2) of the Tamil Nadu Shops and Establishments Act, 1947, claiming that no domestic enquiry had been held. The Appellate Authority set aside th…

The petitioners, Steeman Ltd., were contracted to construct the Sitla Bridge in Himachal Pradesh. Disputes over progress and payments led to the imposition of a penalty and rescission of the contract, which the petitioners successfully appealed, allowing work to continue and the matter to be referred to arbitration. Af…

Three brothers, claiming ownership of a joint Hindu family property, sued the Municipal Council, Mandsaur for a permanent injunction. The trial court decreed in favor of the brothers and the municipality appealed. During the pendency of the appeal one brother died, but the municipality failed to bring the heirs or lega…

The appellants, former Indian Air Force sergeants, were appointed as junior Sports Officers by the Punjab Government under the Punjab Government National Emergency (Concession) Rules, 1965, and claimed that their 15 years of military service should be counted for seniority and consequential benefits in the civil servic…

Mary Lily was appointed temporarily to a leave vacancy at St. Joseph's College for Women in 1974 and ceased to be a lecturer after three months. In 1976 a permanent vacancy was advertised and Mariamma Chacko was selected. Mary Lily claimed a preferential right to the appointment under Section 57(6) of the Calicut Unive…

S.K. Saldi, appointed in Meerut Straw Board Mills and later deputed to S.B. Sugar Mills, sought to be repatriated to his parent department when the mill declined to retain him. He filed a civil suit in the Bijnor Civil Court, which ordered his reinstatement and transfer back to the parent department. The mill challenge…

The appellants, who were Veterinary Assistant Surgeons in the Madhya Pradesh Veterinary Services, sought appointment as Assistant Directors. Under the Madhya Pradesh Services (Gazetted) Recruitment Rules, 1966, recruitment to that post was to be made equally by direct recruitment and promotion. Although the State Gover…

The respondent, Abdul Rahman Khan, was appointed as a Lower Division Clerk in the erstwhile Nizam State on 10 March 1938 and later absorbed into the Central Government on 1 April 1950 as an Upper Division Clerk. The dispute centered on whether he should retire at the age of 58, as prescribed by Fundamental Rule 56(a) a…

The respondents, heirs of Gobind Mal who held a possessory mortgage over the suit land since 1887‑88, claimed that the mortgage became irredeemable when the Evacuee Interest (Separation) Act, 1951 came into force, and that after the statutory period of 60 years they acquired absolute ownership. The Union of India, invo…

The Andhra Petrochemicals appealed against the Customs valuation of imported equipment, contending that design and engineering charges arising from three separate agreements should not be added to the equipment's customs value. The Customs Excise and Gold (Control) Appellate Tribunal held that the three agreements – fo…

The plaintiff K.S. Vidyanadam entered into a sale agreement on 15‑December‑1978 to purchase a house for Rs.60,000, paying only Rs.5,000 as earnest money and agreeing to complete the purchase within six months. He failed to purchase stamp papers, pay the balance or demand execution of the sale deed for more than two and…

The appellants entered into a sale agreement for a plot of land with the respondents, fixing May 28, 1989 as the date for performance. The respondents repudiated the contract after the appellants had issued a notice to obtain tax clearance and urban ceiling authority permission. The appellants filed a suit for mandator…

National Organic Chemical Industries Ltd., a recognised refinery, manufactured ethylene, butylene and propylene and claimed that these products fell under Item 11‑AA(2) of the Central Excise Tariff, thereby qualifying for an exemption notification of 21‑December‑1967. The Revenue, relying on a 24‑Nov‑1984 Trade Notice,…

The appellant's father purchased a restaurant business in 1951 and placed the respondent in charge, later alleging mismanagement and filing a suit for declaration and rendition of account. In earlier proceedings the respondent admitted in his written statement that he managed the business and claimed sufficient funds t…

The Supreme Court heard an appeal against an order of the Orissa Administrative Tribunal that, in a review proceeding, directed the appointment of the respondent, Pratap Kumar Nayak, as a regular primary school teacher despite his failure to meet the prescribed qualifications. The Tribunal had earlier, on May 19, 1993,…

The appellant, M.L. Mubarak Basha, appealed a Madras High Court decision confirming a public auction sale of a saw‑mill property, contending that the Commissioner of the court had no authority to fix the upset price. The sale had been conducted under Order XXI Rule 66 of the Civil Procedure Code, 1908, which requires t…

A pregnant housewife fell from the fourth floor of her apartment and died. The prosecution alleged that the husband, his brother (A‑2 Suresh) and two employees conspired to murder her; the husband was abroad. The only direct evidence was the testimony of an approver (PW‑1) who confessed and implicated A‑2 and A‑3, supp…

The State of Goa detained the step‑father of the respondent under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, and later, under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA), ordered forfeiture of the respondent's pr…

The respondent, P.V. Prabhakar Rao, feared arrest in connection with a massive urea‑related foreign exchange fraud and sought anticipatory bail under Section 438 of the Code of Criminal Procedure. A Single Judge of the Andhra Pradesh High Court granted an interim order, later making it absolute, relying on the responde…

The case concerned a house sold by Smt. Amir Jehan Begam to Shakir Ahmad Khan, who executed an Agreement of Reconveyance granting the vendor a right to repurchase the property within three years. Shakir transferred his interest to the appellant, while the vendor’s son, Irfan Hasan Khan, later assigned his repurchase ri…

The Uttar Pradesh State Electricity Board, exercising powers under Section 49 of the Electricity (Supply) Act, 1948, issued three notifications promising a 10% rebate on electricity charges to new industries for three years. It later withdrew this incentive by a notification dated 31 July 1986. The appellants, who had …

The Supreme Court examined appeals against the Central Administrative Tribunal’s orders that granted accelerated promotion to three ICAR employees on the basis of their educational qualifications. The employees had not been initially fit into Grade T‑1‑3 Category I when the Technical Service Rules of the Indian Council…

Balaji Enterprises, a manufacturer of aluminium containers, purchased aluminium ingots and processed them into circles and containers. During this process, aluminium scrap was generated. The Central Excise Authority demanded duty on the scrap under Central Excise Tariff Item 27(a)(i) (aluminium in any crude form) at a …

The State of U.P. appealed the Allahabad High Court’s acquittal of four accused who had been convicted for the murder of Shanker Lal under IPC sections 302 and 34. The High Court had set aside the trial court’s conviction, relying on an inquest report under Section 174 CrPC that omitted mention of a ‘banka’ weapon, and…

The Gujarat Agricultural Produce Market Committee advertised allotment of shops in a new market yard under the Gujarat Agricultural Produce Markets Act, 1963. Two respondents filed a suit seeking a perpetual injunction to restrain the Committee from making any allotments, and an interim injunction was granted by the tr…

The petitioner, G. Y. Mandrekar, purchased a commercial tipper truck from Tata Engineering and Locomotive Co. Ltd. and, after running it for about 9,000 km, discovered several defects including worn tyres, improperly fixed front axle pins, and excessive vibration. Despite repeated complaints and repairs, the defects pe…

The appellants' land was acquired under a notification of the Land Acquisition Act, 1894. After the original award, a reference court enhanced compensation for similar lands, and the appellants filed a Section 28‑A reference within three months, which remained pending. The High Court later further enhanced compensation…

Ashis Kumar Hazra filed a suit against Rubi Park Co-operative Housing Society Ltd. after a notice for arbitration was issued on 26 October 1974 under Section 95(3) of the West Bengal Co-operative Societies Act, 1983, which requires a claim to be laid within two months. The suit was filed on 10 September 1975, and the H…

In 1952, 1.94 acres of land were acquired under the Land Acquisition Act, 1894 for a national highway, of which only 80% was used. The remaining land was sold by the Government in 1979 to the former owner at the compensation rate, an action challenged by writ petitions. The Government relied on an executive order for t…

The respondent was appointed by the Maharashtra Education Department for a one‑year term ending with an automatic termination clause. No appointment was made for the following year because the State Government did not sanction any grant‑in‑aid positions. The respondent appealed to the Tribunal for continuation of servi…

The respondent, Constable Bakhshish Singh, was absent from duty without leave from November 7, 1986 to March 1, 1988, leading to disciplinary proceedings that resulted in his dismissal. The trial court dismissed the suit filed by the constable, and the first appellate court remanded the matter for reconsideration of th…

The appellant, R. Varadarajan, sought a notice on the limited question of compensation for a building, asserting he was in possession. The respondents countered that the appellant had let the building to Jasmine Electricals and that they were in possession. The appellant admitted letting the premises from 1993, contrad…

M/s Indian Petrochemicals Corporation Ltd. obtained raw naphtha at a concessional rate under Notification No. 27/89‑CE for manufacturing chemicals listed in the schedule. The raw naphtha was thermally cracked, producing olefinic rich gas, pyrolysis fuel oil and pyrolysis gasoline; the latter was further processed to yi…

The Animal and Environment Legal Defence Fund challenged the Madhya Pradesh government's order granting 305 fishing permits to tribals residing in the Pench National Park area, arguing that such permits would damage the park's biodiversity and contravene the Wild Life (Protection) Act, 1972 and the Indian Forest Act. T…

The Kotagiri Industrial Co‑operative Tea Factory Ltd., a co‑operative society, earned Rs 85,150 in the assessment year 1972‑73 and had carried forward losses of Rs 1,82,744. It claimed a deduction of Rs 53,386 under section 80‑P(2) of the Income Tax Act. The Income Tax Officer first set off the carried forward losses u…

The People's Union for Civil Liberties filed a writ petition under Article 32 seeking a judicial inquiry into a alleged fake police encounter in Manipur where two villagers were taken in custody, transported to a distant location and shot dead, and also sought compensation for the families. The State of Manipur contest…

The Supreme Court dealt with interlocutory applications concerning the preparation of a decree following its earlier judgment dated 20 January 1995 in the dispute between the Metropolitan and other petitioners and Moran Mar Marthoma Mathews and others. The Registrar had drafted a decree which was objected to by both pa…

The assessee, Alcock Ashdown & Co. Ltd., started a new industrial undertaking and purchased plant and machinery, some of which remained uninstalled at the end of the accounting year. It claimed a deduction under Section 84 of the Income‑Tax Act, 1961, on the basis that the cost of these assets constituted "capital empl…

The Aditanar Educational Institution, a society registered under the Societies Registration Act, 1960, was created to establish, run, manage or assist schools and colleges solely for educational purposes. It received substantial voluntary donations and filed nil returns, claiming exemption under Section 10(22) of the I…

Associated Stone Industries (Kotah) Ltd., a quarrying company, paid royalty to the Maharao of Kotah under a lease that stipulated a minimum payment of Rs.1,50,000 and additional amounts in lieu of income‑tax, super‑tax and excess‑profits tax. After the merger of Kotah into Rajasthan, the Income‑Tax Officer disallowed t…

The respondent, a senior stenographer in Indian Oil Corporation Ltd., was identified by a vigilance enquiry as the organiser of a scheme in which employees submitted forged medical certificates and bills to obtain reimbursements, causing monetary loss to the corporation. He was charge‑sheeted, suspended and, after a de…

Kasam Abdulla Hafiz, a former assistant public prosecutor, was charged with murder (Sec. 302 IPC) and attempt to murder (Sec. 307 IPC) after he allegedly threw a brick and stabbed Manohar Deshmukh, the father of a colleague, resulting in Deshmukh's death, and also injured Sanjay Patil. The Sessions Court convicted him …

Sumitomo Heavy Industries Ltd entered into a contract with ONGC Ltd for the installation of an oil platform, containing a clause that disputes would be governed by Indian law and arbitrated in London under ICC rules. A dispute led to arbitration, and the appointed umpire issued an award. ONGC filed a petition in the Bo…

A motor vehicle accident occurred on 10 December 1991 at 2:20 p.m. The owner obtained an insurance policy later that same day at 2:55 p.m., the cover note expressly stating that the policy would become effective at 2:55 p.m. The insurer paid the claimants in full, but the High Court held that the insurer, not the owner…

The consumer complained that a bottle of "Lehar Pepsi" he purchased was adulterated with fungus, leading to a complaint under the Prevention of Food Adulteration Act, 1954. The Special Judicial Magistrate summoned Pepsi Foods Ltd. and others, but the appellants challenged the summons in the High Court, which dismissed …

The mother, Dhanwati Joshi, had been granted permanent custody of her son by the Bombay High Court in 1986 and by an ex‑parte order under the Guardian and Wards Act, 1890 in 1987. The father, Madhav Unde, later obtained custody in a US court and subsequently filed a fresh petition in the Indian Family Court in 1993 see…

The appellant, an armed constable of the Special Reserve Police, shot and killed his immediate superior, a Head Constable, at the Khampla Dam site, claiming he was discharging his patrol duties and feared a miscreant would set fire to a tower. The trial court acquitted him on the basis of reasonable doubt, but the Guja…

The widow of a deceased Khalasi filed a claim petition before the Deputy Labour Commissioner, Orissa, for compensation under the Workmen's Compensation Act, 1923, after her husband died in an accident near Rourkela in 1974. The Deputy Labour Commissioner awarded Rs 8,000, but the employer appealed to the Orissa High Co…

The appellant bought 90 non‑cumulative preference shares of Rs 1,000 face value at Rs 420 each. The company reduced the share capital twice, first paying Rs 500 per share in 1965 and later reducing the face value to Rs 50 and paying Rs 450 per share in 1966. The Income Tax Officer treated the Rs 450 per share received …

The husband and wife married and later the wife sought judicial separation, maintenance and relief under Section 27 of the Hindu Marriage Act for jewellery and other property she claimed were given at or about the time of marriage. The husband filed for divorce on grounds of cruelty, which was eventually granted, while…

A press communique issued from Rashtrapati Bhawan on 23 January 1992 announced that the President would confer the Bharat Ratna posthumously on Subhash Chandra Bose. Petitioners filed a writ petition seeking recall, cancellation and revocation of the award, and also demanded information on Bose's whereabouts. The Gover…

Tata Davy Ltd was declared a sick industrial company under the Sick Industrial Companies (Special Provisions) Act, 1985 and a reconstruction scheme was sanctioned by the Board. The company had arrears of sales tax under the Orissa Sales Tax Act, 1947, and the State sought attachment of its property under section 13‑A o…

Upper Ganges Sugar Mills Ltd donated Rs 25,000 to the Vishwa Mangal Trust and claimed a deduction under Section 80G of the Income Tax Act, 1961. The Income‑Tax Officer initially allowed the deduction, but the assessment was later reopened under Section 147(b) and the claim was disallowed. The assessee’s appeal was dism…

The petitioners filed a public interest writ under Article 32 seeking a direction to the Union of India to introduce a Bill in Parliament to include the Rajasthani language in the Eighth Schedule, or alternatively to strike down the 71st Amendment (1992) that added Manipuri, Konkani and Nepali, alleging it violated the…

Madras Industrial Investment Corporation Ltd. issued debentures at a 2% discount, creating a liability of Rs. 3,00,000 payable over 12 years. For the assessment year 1968‑69 it wrote off Rs. 12,500 as the proportionate discount for six months. The Income‑Tax Appellate Tribunal allowed deduction of the entire discount, …

The appellants, a Hindu Undivided Family (HUF) of four members, filed a suit for partition in 1954, with a final decree in 1961. The Wealth Tax Officer assessed the family for assessment years 1958-59, 1959-60 and 1960-61, treating it as an undivided family of four members because no physical partition by metes and bou…

The insured had taken four LIC policies and missed the third half‑yearly premium. A general agent collected a bearer cheque for the overdue premium after the grace period, encashed it and deposited the amount with LIC after the insured's death. LIC rejected the claim, stating the policies had lapsed because the premium…

A dispute over land allotment between the Vankar community and Harijans in Gujarat escalated into a riot involving a mob of 100‑150 persons, during which four Vankars were killed and thirteen injured. The mob also ransacked and set fire to several houses. The accused A‑34, A‑35 and A‑36 were convicted under Sections 30…

The case concerned land acquired under the Land Acquisition Act, 1894 for the Sriram Sagar Project. After the award of compensation was made on 22 November 1965, the claimants received the payment without protest. They later filed a writ petition alleging that a reference under Section 18 of the Act had not been made a…

The respondents filed a suit for permanent injunction restraining the defendants from constructing, filling, alienating, and transferring possession of a specific property. The first defendant did not lead any evidence, and the trial court closed his evidence. The appellant, a subsequent purchaser from the first defend…

The respondents, liquidators of the former West Bengal Provincial Company Ltd., challenged the State's acquisition of about 30 miles of land for a railway line, arguing that the vesting under the West Bengal Estates Acquisition Act, 1953 did not apply to non‑agricultural land and that the Collector's failure to take po…

Maulana Azad College, Ranchi, a minority institution, had entered into a 1972 agreement that no new posts could be created without the Vice‑Chancellor’s prior permission. After the Bihar State Universities Act, 1976 came into force, the college created a post and appointed Syed Asad Raza in 1979. The issue was whether …

The petitioner, L.N. Venkatesan, challenged land acquisition proceedings that began with a notification under Section 4(1) of the Land Acquisition Act, 1894 (published 11‑June‑1975) and a declaration under Section 6 (published 3‑March‑1978). He obtained interim court orders in 1982 and 1986 that restrained the Land Acq…

The appellant, Suresh Chandra, an Assistant Manager (Electrical), sought promotion to the solitary Senior Manager (Electrical) post using the rule of roster (reservation) for Scheduled Castes and Scheduled Tribes. The respondents filed a writ petition contending that reservation could not be applied to a single‑post ca…

The Supreme Court, hearing a writ petition under Article 32 challenging the implementation of the Forest Conservation Act, 1980, modified its earlier interim order of 12 December 1996. It directed the constitution of a High Power Committee to prepare an inventory of all timber and timber products in forest areas and mi…

Ms. Kamini Jaiswal filed a public interest writ petition under Article 32 of the Constitution seeking the closure of high‑pressure gas pipelines operated by GAIL and ONGC until an independent expert inquiry certified their safety. The petitioner alleged that the pipelines, particularly the DESU‑Maruti spurline, were la…

Sh. Mohammad Ali Khan owned the Khas Bagh Palace, which the Central Government declared as his official residence under the Merged States (Taxation Concessions) Order, 1949. He claimed exemption from wealth tax for the entire palace under Section 5(1)(iii) of the Wealth Tax Act, 1957, arguing that the provision covered…

Madhumilan Syntex Pvt. Ltd., a manufacturer of spun yarn, obtained approval for its product under Tariff Item 18‑III(i) of the Central Excises and Salt Act, 1944, which attracted a lower duty. After chemical analysis, the Superintendent of Central Excise issued a demand notice asserting that the yarn should fall under …

The State of Tamil Nadu challenged the inclusion of bottle deposit amounts collected by Mc. Dowell & Co. Ltd., a liquor distributor, in its sales turnover for sales tax purposes. The distributor paid a deposit to its principal, United Breweries Ltd., for each bottle supplied and collected an equal deposit from its cust…

United Breweries Ltd. (the appellant) challenged the assessment of sales tax on the value of bottles and crates supplied with its beer, arguing that these were not sold but were returned against a refundable deposit. The Commercial Tax Officer, the Tribunal and the Andhra Pradesh High Court held that the bottles and cr…

The appellant contracted to transport waste and finished products for the respondent. A dispute arose and the appellant invoked Section 20 of the Arbitration Act, 1940, leading to a sole arbitrator’s award of Rs 5,29,864.55 with 18% interest from 1 April 1983. The City Civil Court confirmed the award, but the High Cour…

The Rajasthan State Electricity Board Accountants Association challenged Entry 19 of the 1974 Regulations, which reserved 25% of promotion vacancies for accountants holding ICWA/DCWA qualifications and required a longer seven‑year service period for those without such qualifications. The association argued that the pro…

Poulose & Mathen, manufacturers of liquid carbon‑dioxide, received impure CO2 waste from a fertilizer plant under licence L‑6 and claimed exemption under Notification No. 7/65, which exempts carbon‑dioxide used for any industrial purpose. A show‑cause notice dated 20‑Nov‑1978 demanded excise duty for the period March 1…

V.P. Kumaravelu, appointed City Government Pleader, failed to prosecute two civil suits, resulting in ex parte decrees against the State of Tamil Nadu. The Bar Council of India, after a disciplinary proceeding, found him guilty of negligence and professional misconduct and imposed a severe reprimand. On appeal, the Sup…

Geep Industrial Syndicate Ltd, a manufacturer of batteries and torches, packed its products in small boxes, medium cartons and then 7‑ply corrugated cartons. The issue was whether the cost of the 7‑ply cartons had to be included in the assessable value of the goods under Section 4(4)(d)(i) of the Central Excises and Sa…

The Government of Uttar Pradesh issued notifications exempting sales tax on exercise books made from paper purchased within the state while levying a 5% tax on all other exercise books, including those manufactured outside the state and brought in for sale. A dealer challenged the notifications before the Allahabad Hig…

The Supreme Court considered appeals by the Commissioner of Income‑Tax against shareholders of the liquidated Tinnevelly Motor Service Company who had received dividends from the liquidator. The revenue argued that amounts assessed under Section 41(2) of the Income‑Tax Act, 1961 – representing excess on the written‑dow…

The Amar Nath Ashram Trust Society, which runs a public school, sought land adjacent to its premises for a playground. The Uttar Pradesh Government acquired the land under the Land Acquisition Act, 1894, Part VII (company acquisition), issuing a Section 4 notification and a Section 6 declaration, with the entire cost t…

The appellants, senior officers of Tata Tea Company, were alleged to have negotiated with ULFA militants and funded their activities, leading to an FIR under IPC sections 120‑B, 121, 121‑A, 122 and UAPA sections 10 and 13. Anticipatory bail applications were filed under CrPC section 438; the Bombay High Court granted b…

The Kerala Agricultural University advertised a Junior Assistant Professor post with a reservation for the Ezhava community. Respondent No.1, an Ezhava and academically qualified, was not selected for the reserved vacancy and alleged malafide treatment, filing a writ petition. The Kerala High Court held that Rules 14‑1…

The Baba Mungipa Education Trust applied to the Central Government for permission to establish a medical college in Tripura under the Indian Medical Council Act, 1956, but received no response. The Trust obtained provisional university affiliation and admitted students, after which the Supreme Court directed the Centra…

The appellants were convicted under IPC sections 302 and 201 for the murder of Deosharan, a notorious villager, based primarily on the testimony of four eye‑witnesses who claimed to have heard a disturbance and seen the assault. During cross‑examination the witnesses admitted they did not actually see the assault, and …

The State of Andhra Pradesh prosecuted Bimal Krishna Kundu and his son for conspiring to leak Public Service Commission examination question papers, alleging they used dummy firms to obtain printing contracts and printed the papers at their own press. Despite being blacklisted in 1994, the alleged leakage continued, le…

The Delhi High Court had struck down certain provisions of the Delhi Municipal Corporation (Determination of Rateable Valuation) Bye‑laws, 1994 and the Property Tax Return Bye‑laws, 1994, holding them repugnant to Sections 135 and 131 of the Delhi Municipal Corporation Act, 1957. The appellant filed a Special Leave Pet…

The State of Punjab ordered the repatriation of constables who had been deputed to the Criminal Investigation Department (CID) for many years, directing them to return to their parent police departments as constables or head constables. The respondents challenged the order, arguing that they should retain the higher ra…

The Gram Panchayat of village Kakran challenged an order of the Additional Director of Consolidation dated 23 May 1996, which granted a portion of Bachat land to the second respondent after he filed an application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. Th…

M.V. Chauhan, a Divisional Accountant, was caught in a trap involving anthracene‑treated currency notes and was prosecuted under Section 5(2) of the Prevention of Corruption Act, 1947 and Section 161 IPC. The Gujarat High Court, on a writ petition, directed the Secretary of the Vigilance Commission to grant sanction fo…

The Rajasthan State Road Transport Corporation (RSRTC) hired a bus from its owner, Sanjay Kumar, and operated it on a route for which it held a permit. The bus, driven by the owner's employee, was swept away over a flooded bridge, killing 23 passengers. The victims' heirs filed claims for compensation under Section 110…

The Central Bureau of Investigation (CBI) investigated former Himachal Pradesh minister Anil Sharma under Section 13(2) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income. Sharma applied to the Himachal Pradesh High Court for anticipatory bail under Section 438 of the C…

The appellants were convicted of murdering Bagicha Singh and their conviction was upheld by the Sessions Court and the Punjab & Haryana High Court. On appeal, they argued that the eye‑witnesses, who had previously testified against them in a related murder case, were biased and that their precise recollection of events…

Godhra Electricity Co. Ltd., a licensee under the Electricity Act, raised electricity rates but could not recover the increased charges because of protracted consumer litigation, a government advisory to maintain status quo, and a takeover of its undertaking under the Defence of India Rules. The Income Tax Officer had …

The appellants, non‑resident ship owners, had tax assessed on their shipping earnings under Section 172(4) of the Income Tax Act, 1961 and paid the tax. They later exercised their right under Section 172(7) to obtain a regular assessment, which showed that the tax previously paid was in excess. The Income Tax Appellate…

The appellants, M/s Raag Rang and others, claimed they had paid their telephone dues of Rs. 5,370.35 plus reconnection charges, yet faced a threat of disconnection. The General Manager, Delhi Telephones, issued a letter stating that no record of such payment existed in its bonds. The dispute centered on the factual que…

The appellant owned 22.38 acres of land and executed a document on 20 April 1972 that purported to be an agreement to sell 11.76 acres for Rs.50,000, with Rs.48,000 allegedly received as consideration. The sale deed was never executed, and the respondent, a money‑lender, issued a notice and sued for specific performanc…

The Catholic Syrian Bank, as mortgagee, obtained a preliminary decree (1951) and a final decree (1952) against mortgagor Manickam Mudaliar. While objections to the final decree were pending, a money creditor obtained a separate money decree, and the mortgaged property was sold in execution to Kandaswamy, who later tran…

The appeal filed by Sri Nandlal Tejmal Kothari before the Supreme Court challenged an order of compulsory purchase of his property made under the Income Tax Act, 1961. The appellant contended that the order was arbitrary and that the statutory period for payment of consideration under Section 269‑UD(l) was not being co…

Smt. Maya Dutta bought 1,065 sq. ft. of land from Bangur Land Development Corporation Ltd., a private agency, after the Urban Land (Ceiling of Regulation) Act, 1976 came into force. She sought permission under Section 27(2) of the Act to sell the building constructed on the land; the competent authority refused under S…

The appellant claimed a sale agreement dated 9 August 1959 and filed a suit for specific performance on 5 November 1972, after the respondent had obtained a possession decree in his favour on 9 November 1971. The appellant issued a notice to the respondent on 22 August 1972, asserting denial of the agreement. The court…

The appellant purchased a one‑third share in a property and filed suits for declaration of title and partition. While the suit was pending, the Tehsildar, under the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, conducted a suo motu inquiry and granted a Ryotwari patta to an institution. The…

Manjunatha Gowda, a coparcener in a Hindu joint family, received a 4/5 share of family property after a partition in 1965. He died in 1971, and his widow Smt. Sathyaprema Manjunatha Gowda and their unmarried daughter claimed a share of the estate under Section 8(1)(d) of the Hindu Law Women’s Rights Act, 1933, seeking …

The case concerned the fixation of seniority for Assistant Conservators of Forests recruited directly in Gujarat. The 1981 Recruitment Rules dealt only with recruitment and appointment and were silent on seniority. The Gujarat Government issued a 1992 resolution treating the two‑year training period as part of service …

Shri Kanwar Singh, who had earlier been temporarily promoted to Assistant Sub‑Inspector in 1988, contested the subsequent open selection for the same post, arguing that his prior experience should have been given weightage in the interview component. The selection board allocated 75% of the total marks to a written exa…

The case concerned a lease of land and buildings granted to the Taliparamba Education Society for the purpose of running an educational institution. The lessor gave notice of termination alleging that the lessee had allowed shops and rooms to be used for cultural and marriage functions, thereby breaching the lease cove…

The appellants, members of Jai Mangla Hariyan Kalyan Samiti, occupied tenements that they claimed were outside the campus of a public hospital but were being evicted under a High Court order directing the removal of all encroachments within the hospital premises. The High Court had ordered the authorities, with police …

The appellants, successors to a 1946 purchase of a property, sued the respondents for declaration of title and ejectment after the respondents, who were tenants under a 1948 compromise decree, failed to vacate the premises after the decree’s three‑year term expired in 1951. The trial court decreed in favour of the appe…

The appellant, a Lower Division Clerk (LDC) appointed in 1972-73 with an intermediate qualification, claimed seniority over respondents who were appointed earlier (1970-71) but possessed only matriculation. The Government had issued a 1971 order prescribing intermediate as the minimum qualification for LDC recruitment …

The appellant, a resident of Velleturu village, attacked V. Nageswara Rao (the deceased) at a police‑ordered meeting, stabbing him in the chest with a knife that penetrated the right ventricle, causing instant death. The prosecution proved that the appellant uttered the words "do away with the deceased" before the assa…

The appellant, Prakash Chandra Sahu, held a permanent stage‑carriage permit issued under the Motor Vehicles Act of 1939 for an inter‑state route. After the Motor Vehicles Act, 1988 came into force, his permit expired and he applied to the State Transport Authority (STA) for renewal. The STA rejected his renewal and gra…

Basudev Pati, while employed as a lecturer, received a revised UGC pay scale (Rs.700-1600) with retrospective effect from 1 January 1974, fixing his salary at Rs.780 and granting arrears. He was later selected to the Orissa Administrative Service (Class‑II) whose pay scale was Rs.525-1150, and he claimed that his last …

The petitioner, a Sub‑Inspector of Police, was served with adverse entries in his Annual Confidential Report for the period April 1994 to March 1995, alleging corruption, unreliability and other defects. He made a representation to the Deputy Inspector General, which was rejected, and a second representation to the Dir…

The State of Uttar Pradesh alleged that a large mob of villagers attacked a scheduled‑caste marriage party, killing 14 and injuring 7. The key issue was whether the mob constituted an unlawful assembly with the common object of killing the Doms, and whether the accused could be held liable under Section 149 IPC based o…

The petitioners challenged the constitutional validity of the amendment made on 19 May 1989 to Rule 26(3) of the Delhi Administration Subordinate Service Rules, 1967, which provided for the integration of seniority of officers from the Executive and Ministerial branches by a 'rota' system. The Supreme Court examined wh…

The appellant was found with 200 gold biscuits concealed in his house and gave a written confession to Customs officers under Section 108 of the Customs Act, which he later retracted. The issue before the Supreme Court was whether such a statement, recorded before the appellant became an accused, was admissible under S…

The appellant, a Sub‑Registrar, was convicted under Section 161 IPC and Section 5(2) read with 5(1)(d) of the Prevention of Corruption Act, 1947 for allegedly receiving Rs 60 as illegal gratification for issuing certified copies of sale deeds. The prosecution set up a trap and caught him taking the money, but the appel…

The case concerned a high school in Uttar Pradesh that had been upgraded in 1974 with an attached primary section operating since 1970. The primary section employed 21 teachers, of whom 19 were untrained and 2 were trained, and after the school was removed from the list of approved schools the payment of salaries under…

Both parties filed civil suits against each other for damages. The petitioner's suit was dismissed by the trial court, while the respondents' suit was also dismissed but later allowed on appeal, resulting in a decree for Rs. 24,875 in favour of the respondents. The petitioner filed a second appeal challenging the respo…

Mrs. Surjeet Malhan and her husband, Mr. B.K. Malhan, owned shares in a private company and sued John Tinson & Co. and others for declaration and injunction after the appellants allegedly transferred those shares without proper authority. The appellants argued that the wife had impliedly consented to the transfer and t…

The respondents originally filed suit O.S. No.158/94 in the District Munsiff Court, Navalagund, but the plaint was returned for lack of territorial jurisdiction. They amended the plaint and refiled it as O.S. No.10/91 in the Civil Court at Dharwad. The original plaintiffs filed an application under Order VII Rule 10 of…

The respondent, a government employee appointed in 1942 and regularized in 1945, tendered his resignation in June 1970 claiming a right to voluntary retirement after completing 25 years of service. The government accepted his resignation effective March 19, 1970. At that time, pension benefits required 30 years of qual…

The State of Bihar filed a Special Leave Petition challenging a Patna High Court order that imposed personal costs on a government officer, Subhash Singh, for failing to comply with the High Court's directions within two months. The officer delayed compliance for one year and five months and offered no explanation to t…

The case concerned a father who retired voluntarily from government service and whose son applied for an ad‑hoc allotment of government quarters in his place. The father failed to vacate the accommodation within the extended period granted by the department, leading to the withdrawal of the extension and imposition of …

The petitioner sought to set aside the execution of a sale of two properties that had been ordered by the High Court after his mother’s earlier application under Order XXI, Rule 64 of the CPC was dismissed and became final. After his mother’s death, the petitioner filed an application under Section 47 of the CPC allegi…

The Jaipur Development Authority (JDA) issued a notification under Section 52 of the Rajasthan Urban Improvement Act, 1959 in 1979 and later, after the JDA Act came into force, issued a fresh notification in 1984 to continue land acquisition under the repealed Act. Several writ petitions challenged the validity of the …

The appeal arose from a Bombay High Court order refusing to record a compromise under Order 23, Rule 3 of the CPC. While the appeal was pending, the parties filed an application to record a compromise whereby they appointed Shri Mohanlal S. Mehta as a mediator to sell two flats and adjust the proceeds. The High Court h…

The respondent, a teacher at a private educational institution, was suspended on 18 March 1989 and a domestic enquiry led to his removal. The Tribunal set aside the removal order because the subsistence allowance had not been paid and remitted the matter for a fresh enquiry. The Karnataka High Court stayed the domestic…

The assessee, Shree Man. Junathesware Packing Products and Camphor Works, constructed a cinema theatre and claimed a certain cost in its return for AY 1977‑78. The Income‑Tax Officer (ITO) passed an assessment based on the assessee’s figure because the Departmental Valuation Officer’s (DVO) report was not available at …

P. Muniappan, an assistant professor, was charged with murdering his wife Nagammal after she was found hanging in their kitchen with burn injuries and signs of struggle. The prosecution relied on extensive circumstantial evidence—Muniappan's motive to obtain a divorce and a second marriage, his exclusive presence in th…

The appellants, convicted of murder, were sued for damages of Rs 1,00,000 by the respondents for loss of income after the victim’s death. The appellants had engaged counsel who, on 18 Nov 1991, pleaded “no instructions,” after which the trial court proceeded ex‑parte and passed a decree on 8 Feb 1992 without giving any…

The Supreme Court allowed the State of Rajasthan's appeal against a single High Court judge, Justice Shethna, who, while hearing a criminal revision petition, improperly called for the record of a writ petition already disposed of by a Division Bench, made intemperate allegations against the Chief Justice and former ch…

MIS. STP Ltd., a manufacturer of coal‑tar products, claimed exemption from excise duty under Notification 121/62‑CE which exempts ‘tar’ falling under Tariff Item 11(5). The Central Excise authority argued that the various pitches produced by the company were not ‘tar’ within that clause and therefore not exempt. The Tr…

The appellant, S. Viji, received unquoted shares of a company as a gift on 28 March 1973 and the valuation of these shares for gift tax purposes was disputed. Both parties agreed that the break‑up method under Section 6(3) of the Gift Tax Act, 1958 should be applied, but differed on which balance sheet to use: the one …

The respondent landlady served three notices to the tenant, first claiming the premises were needed for her husband's legal practice, then for a cloth business, and finally repeating the latter before filing an eviction suit. The trial court held that the landlady's requirement for the cloth business was bona fide and …

The appellant, Kanta Udharam Jagasia, claimed ownership of a flat and, as a Scientific Officer in BARC, sought eviction of her tenant under Section 13A(l)(A)(ii) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The Competent Authority granted eviction based on a certificate confirming her scientifi…

The Jaipur Development Authority (JDA) was impleaded as a defendant in a suit filed by Kailashwati Devi challenging land acquisition and seeking a permanent injunction. The trial court decreed the suit ex parte, and on appeal JDA sought to introduce additional documents under Order 41 Rule 27(1)(aa) of the CPC to demon…

Shri Ramesh Kumar, a government inspector, was arrested and convicted under Section 5(2) of the Prevention of Corruption Act, 1947 for accepting illegal gratification. The disciplinary authority dismissed him under Rule 19 of the Central Civil Services (Conduct) Rules, 1965 and the Vigilance Manual without a detailed e…