Judgments of 1998

The Supreme Court examined whether the State of Karnataka and its universities could increase the admission capacity of medical colleges despite the provisions of Sections I0A, I0B and I0C of the Indian Medical Council Act, 1956 (as amended in 1993). The Court held that the Medical Council of India, under the Central A…

The Port of Mumbai, acting as Board of Trustees, arrested the vessel M.V. Varuna belonging to Thakur Shipping Co. Ltd for non‑payment of anchorage and other port charges under Section 64 of the Major Port Trusts Act, 1963 and issued a notice of auction. The company was wound up in a company petition and the Official Li…

The appellant, the creditor, claimed that a regular sale deed executed by the debtor was revived after the Insolvency Court annulled its earlier adjudication, thereby extinguishing the debtor‑creditor relationship under the Maharashtra Debt Relief Act, 1975. The debtor‑creditor relationship originated from a deed of mo…

The A.I. Democratic Women Association and others filed a writ petition under Article 32 seeking a ban on the drug quinacrine, used for female sterilisation, by directing the Union of India and the Directorate General of Health Services to invoke Sections 10‑A and 26‑A of the Drugs and Cosmetics Act, 1945, and to issue …

The State of Punjab appealed against the Punjab and Haryana High Court’s order quashing an FIR that alleged offences under Sections 419, 420, 467 and 468 IPC committed during civil proceedings. The High Court had held that Section 195(1)(b)(ii) of the Criminal Procedure Code barred police investigation into such offenc…

Dr. Manju Saraswat, the principal of Dayanand Arya Kanya Degree College, voluntarily tendered her resignation, which was accepted by the college's Managing Committee. The High Court held that the acceptance was not operative because the authorised controller had not accepted it and the Vice‑Chancellor had not given app…

The appellant, a temporary Branch Manager of U.P. State Agro Industries Corp., was accused of taking a Rs.2000 bribe. An enquiry officer examined witnesses, recorded statements and concluded that the appellant had taken the money, recommending termination. A simple termination order was issued the next day without a ch…

The appellants, two lower‑division clerks, were transferred in 1976 from the Rehabilitation Department to the Posts & Telegraph (P&T) Department in public interest. Their transfer orders stated that past service would be counted for all purposes except seniority. Under the P&T time‑bound promotion scheme, officials who…

Vithalrao Ganpatrao Warhade filed a declaration under the Maharashtra Agricultural Land (Ceiling on Holdings) Act, 1961 as amended by the 1972 and 1975 amendments. The Surplus Land Determination Tribunal and the Appellate Tribunal declared part of his land surplus and ordered its surrender. The Bombay High Court set as…

A Fiat car was sold and the transferee informed New India Assurance Co. Ltd. of the transfer by letters that did not follow the prescribed form under Section 103-A of the Motor Vehicles Act, 1939. The insurer gave no reply. The car later met with an accident, and the victims claimed compensation from the insurer. The i…

Sangappa Kalyanappa Bangi, a tenant, applied for occupancy rights under Section 45 of the Karnataka Land Reforms Act, 1961. While the proceedings were pending, he executed a will bequeathing his tenancy rights to a third party, and later died. The Land Tribunal and the Appellate Authority held that the tenant's wife an…

The case arose from a gang‑related shoot‑out at J.J. Hospital in 1992 that resulted in the death of Shailesh Haldankar and injuries to several persons. The appellants, Suresh Budharmal Kalani and Dr. Aken Kumar Gajendra Rai Desai, were charged under Sections 3(3) and 3(4) of the Terrorist and Disruptive Activities (Pre…

The respondent, a Junior Commissioned Officer in the Indian Army, was court‑martialled under Sections 40(a) and 48 of the Army Act, 1950, found guilty and dismissed from service. He filed a writ petition seeking pensionary benefits, and the Delhi High Court, relying on Major G.S. Sodhi’s case, held that he was entitled…

The landlord filed an eviction suit under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming that the shop occupied by the tenant was a newly constructed building first assessed for house tax on 1 April 1982, and therefore exempt from the Act’s protective provisions for ten years. T…

The appellants, owners of lands in village Chhalera Banger, challenged the Uttar Pradesh government's notifications under Sections 4 and 6 of the Land Acquisition Act, 1894, which invoked Section 17(4) to dispense with the mandatory Section 5‑A inquiry on the ground of urgency for planned industrial development by NOID…

The appellant filed a suit for specific performance of an alleged sale agreement of a Shimoga property, claiming the contract was concluded on 25‑January‑1984 in Delhi. The defendants denied any concluded contract, stating that price and terms were never fixed and that no agreement was reached on the later meeting in B…

The appellants, tenants of premises owned by Tamil Thalir Kalvi Kazhagam, faced an internal dispute between two claimants to the landlord's title after a change of president. Fearing liability, they applied under Section 9(3) of the Pondicherry Buildings (Lease and Rent Control) Act, 1969, to deposit rent with the Rent…

The father of the appellant executed a will that was purportedly attested by five persons; only two actually signed, while three "Nishanis" neither signed nor affixed a thumb impression. One of these, identified as DW‑2, claimed to have attested the will but his name was written by a scribe on his direction. The Sub‑or…

The appellants were convicted under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and several sections of the Indian Penal Code for setting fire to a Hindu house after the demolition of the Babri Masjid, resulting in multiple deaths. The Supreme Court examined whether the act qualified as a "ter…

Thermax Ltd. manufactured high‑pressure boilers and, in addition to the price of the boilers, separately charged customers for design, engineering, installation and commissioning services. The Assistant Collector of Central Excise and the Customs, Excise and Gold (Control) Appellate Tribunal held that the installation …

The uncle (complainant) entrusted his 1,200 shares of Great Eastern Shipping Co. to his nephew (appellant) for sale and to remit the proceeds. The nephew sold the shares between December 1991 and January 1992, kept the Rs.1,10,000 sale proceeds and failed to pay the complainant, leading to a criminal breach of trust co…

The appellant, a Revenue Inspector, was caught in a police‑set trap after demanding a bribe of Rs.50 for certifying a sale deed. Marked currency notes were recovered from beneath his bag and a phenolphthalein test on his fingers was positive. The trial court acquitted him citing discrepancies in witness testimony, but …

The petitioners (Union of India and others) challenged a tribunal order that directed payment of 50% of the ration allowance to non‑gazetted, non‑combatant hospital staff of the Central Reserve Police Force (CRPF) who had not opted for combatant status. These staff were governed by the Central Civil Services Rules, whe…

The Supreme Court entertained a writ petition under Article 32 concerning massive quantities of illicitly felled timber in the North‑Eastern states. The Court examined the High Power Committee's report and the Ministry of Environment and Forests' perception on the need for urgent disposal, prevention of further loss, a…

Bharat Petroleum Corporation Ltd. submitted draft standing orders for certification under the Industrial Employment (Standing Orders) Act, 1946. The draft was partially certified, and the clause on representation of a workman in disciplinary proceedings was left unmodified, thereby retaining the Model Standing Orders p…

The assessee, a shareholder of Kasthuri Estates Pvt. Ltd., received cash and property when the company reduced its share capital from Rs 1,000 to Rs 210 per share. Earlier advances to shareholders had been treated as deemed dividends under Section 2(22)(e) of the Income‑Tax Act. The Tribunal held that no capital gains …

Ferro Alloys Corporation Ltd, a 100% export‑oriented unit manufacturing charge chrome, entered an off‑take agreement with Richco (Switzerland) and subsequently executed specific Charge Chrome Agreements for each shipment. The State of Orissa treated the sales for assessment years 1990‑91 and 1991‑92 as intra‑state sale…

The appellant, Rajammal, was detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982. She filed a representation on 13 January 1998, which reached the Secretary on 5 February 1998, but the Minister rejected it only on 14 February 1998. The High Court dismissed her habeas corpus petiti…

The petitioners sought relief under Article 32 concerning the communal riots in Meerut (Sept‑Oct 1982) and the subsequent enquiry commission headed by Justice C.D. Parekh. The Supreme Court repeatedly directed the Uttar Pradesh government to file an affidavit detailing the action taken on the commission’s report, but t…

Aundippa Nadar leased the B schedule portion of a plot in 1954 and later erected a pucca superstructure in 1965, after the original cut‑off date of 12 September 1955. He filed an application under Section 9 of the Tamil Nadu City Tenants Protection Act, 1921 (as amended) seeking the right to purchase the entire A sched…

The plaintiff, Satya Gupta, sued for partition of a house that had been purchased by her late husband Battu Mal in the joint names of himself and the plaintiff, alleging that half of the property belonged to her. The trial court held that the plaintiff had not shown how the claim arose but nevertheless found that Battu…

The Food Corporation of India (FCI) amended its Staff Regulations in 1976 and 1977 (30th and 43rd Amendments) to require three years of service for graduates and five years for non‑graduates for promotion to Assistant Grade‑I and II posts. Non‑graduate employees filed writ petitions in several High Courts challenging t…

Manraj Singh executed a will in 1946 leaving his entire property to his grandson Raghuvir Singh, but reserving "full control and ownership" of the property for himself and his wife Janak Dulari during their lifetimes. After Manraj's death Janak Dulari possessed the land; a compromise decree in 1947 confirmed that she w…

The appellant, a housing cooperative society, allotted land for flats and, after some members defaulted on payments, the General Body resolved that members who had paid a minimum amount would receive Phase I flats while defaulting members would be accommodated in Phase II on additional land. Respondent No.3, a defaulti…

The case concerned the murder of Chander Yadav, who was chased by a large group, forced into a small room, assaulted, and his body dragged away. The trial court convicted the accused under sections 326 and 325 read with 149 IPC, sentencing them to eight years, while the High Court set aside those convictions, relying o…

Indian Oil Corporation Ltd., a government‑owned company, applied for a factory licence for its Namkum storage unit. The Chief Inspector of Factories refused, deeming the depot manager not an occupier because, under clause (ii) of the first proviso to Section 2(n) of the Factories Act, only a director of a company could…

Northern Plastic Ltd. imported 59 jumbo rolls of unexposed photographic colour films, describing them in the Bill of Entry as "Cinematographic Colour Films (Unexposed) Positive" and claimed customs and counter‑vailing duty exemptions under an Open General Licence. Customs authorities held the description to be a misdec…

Bakelite Hylam Ltd., a manufacturer of laminated sheets made from paper, cotton fabric and glass fabric (known as Prepeg‑P, Prepeg‑F and Prepeg‑G), challenged the classification of its products under the Central Excise Tariff. The Tribunal had placed Prepeg‑F under Item 19(III), Prepeg‑P under Item 17(2) and Prepeg‑G u…

The ex‑Ruler of the former Holkar State sold two pieces of heirloom jewellery in the assessment year 1972‑73 and claimed that the proceeds were not taxable because the jewellery were "personal effects" within the meaning of Section 2(14) of the Income‑Tax Act, 1961. The Tribunal rejected this contention, but the Madhya…

The State of Andhra Pradesh enacted the Land Grabbing (Prohibition) Act, 1982 which creates a Special Court consisting of a Chairman (a High Court judge) and four other members (two former District Judges and two former District Collectors). Section 7 of the Act allows the Government to appoint all members, requiring c…

The appellant, a Central Government employee about to retire, filed an eviction petition under Sections 14(1)(e) and 14C of the Delhi Rent Control Act, 1958, seeking possession of premises he had let out for his own residence. He named both respondents – a wife and her husband – as parties, alleging a dispute over whic…

Transocean Shipping Agency (P) Ltd appealed against a Bombay High Court decree that enforced a foreign arbitral award made in Ukraine in favour of Black Sea Shipping Co. The dispute arose from a 1992 agency agreement containing an arbitration clause referring disputes to the country where the owners were registered. Af…

Harichand was convicted under Section 408 of the Indian Penal Code and sentenced to two years' rigorous imprisonment and a fine. The Sessions Court upheld the conviction but set aside the sentence, releasing him on probation under Section 4(1) of the Probation of Offenders Act, 1958. Because of the conviction, the Dire…

Dr. Ashok Kumar Maheshwari, a Demonstrator in the Pharmacy Department of a Government Medical College, filed a writ petition with five colleagues seeking that at least fifty percent of Lecturer posts be filled by promotion of Demonstrators, relying on an alleged promise by the Uttar Pradesh State Government and the Dir…

The State of Karnataka, under Section 39 of the Mysore Fire Force Act, 1964, framed special recruitment rules requiring a qualifying examination for promotion to Leading Fireman. Later, the Government adopted a policy of seniority‑cum‑merit promotion and amended the Karnataka Civil Services (General Recruitment) Rules,…

The appellants, permanent Junior Scale Stenographers, sought promotion to Senior Scale Stenographer. Only six candidates qualified a prescribed test, but the State Recruitment Board recommended an additional 26 candidates whose performance was nearest to the standard. The Government initially did not act, later amended…

The respondent, a permanent Store Keeper in the Ministry of Defence, requested a compassionate transfer to another location where he was placed at the bottom of the seniority list. He claimed that his service before the transfer should count towards the three‑year regular service requirement for promotion, seeking ante…

Mahabir Prasad Singh filed a civil suit for recovery of possession before the Additional District Judge, Delhi. The respondent, Jacks Aviation Pvt. Ltd., sought a suo motu transfer of the case because its counsel was boycotting the court under a Bar Association resolution, but the trial judge dismissed the transfer app…

Ramujarey, a railway employee appointed as Khalasi in 1964 and later promoted to Semi‑Skilled and Skilled Fitter after passing trade tests, was reverted by an order dated 18‑April‑1980 to the post of Khalasi. He challenged the reversion in a regular suit, which was decreed in his favour, and subsequently filed a claim …

The plaintiff, an undischarged insolvent, entered into a joint application with the creditor to sell his land for the debt amount, with a clause allowing repurchase within five years. After the sale deed was executed by the Official Receiver, the plaintiff was adjudicated insolvent, but later obtained an unconditional …

The respondent, S.N. Dubey, a non‑State Civil Service officer appointed to the Indian Administrative Service in 1981, was assigned the year 1977 as his "year of allotment" for seniority purposes under the proviso to Rule 3(3)(c) of the IAS (Regulation of Seniority) Rules, 1954. He challenged this assignment, and the Ce…

For the 1981 Census, posts of Computors were created and respondents 5‑37 were appointed ad hoc to those posts. After the census, the posts continued and the Registrar General, after consulting the Department of Personnel and Training, regularised the appointments on 12 March 1991, stating that their prior service woul…

The case involved six police officers who were convicted under Sections 302 and 34 of the IPC for the killing of three civilians in a purported police encounter. The prosecution relied solely on circumstantial evidence, chiefly the testimony of two constables (PW 7 and PW 8), forensic reports and the recovery of the vi…

The petitioner, a member of the Rajasthan Higher Judicial Service, was suspended and subjected to a departmental enquiry by the High Court on allegations of administrative irregularities. The petitioner challenged the initiation of the enquiry, arguing that a prior order by the Chief Justice had already exonerated him …

GRID Corporation of Orissa Ltd. (GRIDCO) succeeded the Orissa State Electricity Board and sued Indian Charge Chrome Ltd. (ICCL) for non‑payment of electricity bills arising from ICCL's captive power plant supplying power to the board. Multiple proceedings were instituted: a reference before the Orissa Electricity Refor…

The Supreme Court examined the interpretation of Section 11 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, which governs the discharge of liabilities and distribution of attached property of notified persons such as Harshad Mehta. It held that only taxes finally assessed for …

The respondent, Ashoke Kumar Banerjee, was a Junior Engineer in the CPWD. After completing 15 years of service, he was granted the Assistant Engineer pay scale on a personal basis under an Office Memorandum and his pay was fixed using FR 22(1)(a)(i). Later, when he was functionally promoted to Assistant Engineer, he so…

The appellant, a civil servant, challenged a compulsory retirement notice dated 23 January 1989 issued under Rule 10(4)(a)(i) of the Maharashtra Civil Services (Pension) Rules, 1982, arguing that the review procedure prescribed in the Government circular of 1 September 1983 was not completed before he turned fifty, and…

The Chief Minister of Sikkim and an IAS officer were charged under the Prevention of Corruption Act, 1947 for offences alleged in 1984. After the 1947 Act was repealed and replaced by the Prevention of Corruption Act, 1988, a Special Judge appointed under the 1988 Act tried the case, but later held it lacked jurisdicti…

The case concerned dependents of teaching and non‑teaching staff of non‑government aided schools in Uttar Pradesh who, after the death of the employee, applied for compassionate appointment under the U.P. Intermediate Education Act, 1921. The District Inspector appointed them to Class IV posts, but the applicants filed…

The Kerala State Cooperative Marketing Federation Ltd., an apex cooperative society, claimed a deduction under Section 80‑P(2)(a)(iii) of the Income Tax Act, 1961 for profits earned from marketing cashew nuts purchased from its member societies. The Income Tax Officer rejected the claim, and the matter progressed throu…

Vishal Jeet, claiming to be an advocate, filed a fresh contempt petition (CRL No. D4I06 of 1998) against the Union of India and others, alleging that he had been denied membership of the Central Advisory Committee. An earlier contempt petition (No. 1/1994) on the same grievance had been dismissed by the Supreme Court. …

Shreenath and others, who were tenants of a mortgaged property, opposed the execution of a decree for vacant possession granted to Rajesh, the mortgagee, by filing an objection under Order 21 Rule 97 of the Code of Civil Procedure, claiming an independent right in the premises. The executing court dismissed the objecti…

V.K. Shrotri was appointed ad hoc as Assistant Engineer in the Uttar Pradesh Irrigation Department in 1962 and was selected in a combined examination for the Public Works Department (PWD) the same year. Although allocated to the PWD, he was not relieved from the Irrigation Department and continued there until he finall…

The appellants, tenants, owed rent for July‑December 1988 and, after a grievance about missing receipts, sent a bank draft covering the full arrears on 2 February 1989, before the landlords filed an eviction petition on 6 February 1989 alleging wilful default under Section 10(2)(i) of the Andhra Pradesh Building (Lease…

The Central Board of Secondary Education (CBSE) challenged orders of the Rajasthan High Court that allowed certain students, who did not meet eligibility criteria, to appear for board or university examinations. The petitioners argued that such orders contravened the statutory eligibility requirements and amounted to a…

The appellant's wife was assaulted and robbed on a running local train in 1981. She pulled the alarm chain, but the guard and motorman failed to stop the train, and she later died from her injuries. The Railway Board denied compensation, holding that liability arose only in railway accidents, and the High Court upheld …

The respondent, a Civil Judge, was graded 'A' by the Judgment Scrutiny Committee, had a clean confidential record and performed well in the interview, leading to his inclusion in the interview committee's select list for promotion to Additional District Judge. The Full Court of the Bombay High Court later excluded his …

The appellants, originally Assistant Inspectors (Control) at the India Security Press, were appointed on deputation as Inspectors (Control) at the Bank Note Press before any recruitment rules under Article 309 existed. After the Bank Note Press later framed recruitment rules, the appellants were permanently absorbed, a…

Anand Chandra Dash, a Senior Auditor in the Revenue and Excise Department, was forcibly transferred to the Labour Department in 1970 despite his expressed unwillingness. The Labour Department stipulated that his seniority would be calculated from the date he joined the Labour Department, a condition Dash never accepted…

The appellant is a co‑operative society registered under the Andhra Pradesh Co‑operative Societies Act, 1964, whose employees are railway staff. The society’s service rules prohibited reservation in promotions, but the respondents were promoted to various posts using the reservation policy for Scheduled Castes and Sche…

In this public interest litigation, the Supreme Court was asked to clarify the status of an ad‑hoc committee headed by Justice R.K. Shukla that had been constituted under a previous order of the Court. The Court had subsequently created a permanent Environment Pollution (Prevention and Control) Authority for the Nation…

The Supreme Court entertained a public interest writ petition under Article 32 concerning large‑scale electricity theft, loss of coal wagons and related malpractices by the Uttar Pradesh State Electricity Board (UPSEB). After hearing counsel for the petitioners, the State, UPSEB and an amicus curiae, the Court ordered …

The appellants, owners of agricultural lands, had leased the lands to Saswad Mali Sugar Factory Ltd., a commercial undertaking approved under Section 43A(1)(a) of the Bombay Tenancy and Agricultural Lands Act, 1948. The lease deed expressly permitted the factory to sub‑let the lands, and the sub‑lessees cultivated the …

The trustees of a public trust filed an execution application to enforce a scheme framed by the Charity Commissioner, seeking possession of Survey No. 14. The respondents claimed that the first respondent was a tenant of the land and therefore entitled to retain possession until an eviction order. The executing court r…

The appellants, owners of agricultural land and houses in Panipat, filed a writ petition alleging that effluent discharge from National Fertilizer Ltd's plant damaged their crops, mango orchards, residential buildings and rendered the land unfit for cultivation. The High Court dismissed the petition and the appellants …

The vendors sold a bungalow in the Meerut cantonment to the vendee, with the agreement stipulating that the vendee must obtain permission from the Military Estate Officer (MEO) for the transfer. Clause 5 provided that if such permission were not granted, the vendee could be released from the contract and recover the ea…

Madras Auto Service (P) Ltd. obtained a 39‑year lease on premises and, under the lease terms, demolished the existing structure and constructed a new building at its own cost, which legally belonged to the lessor. The company claimed the construction costs (Rs 1,62,835 and Rs 50,937) as deductible business expenditure …

The State of Rajasthan appealed the Rajasthan High Court’s judgment that acquitted five accused of murder (Sec. 302 IPC) on the ground of private defence and convicted them only under lesser offences. The incident involved a dispute over agricultural land where the accused were found ploughing the complainant’s field; …

The State of Madhya Pradesh issued a 1978 notification exempting purchase tax on iron and steel provided the goods had "suffered" entry tax under the State Entry Tax Act before purchase. A 1977 notification later exempted new industries, like Indore Iron and Steel Mills, from paying entry tax. The respondent claimed it…

The appellants conspired to kidnap a ten‑year‑old boy and demand a ransom of Rs 5 lakhs. After abducting the child, Mohan and Gopi administered poison, tied the boy’s limbs and neck, and strangled him, later disposing of the body in a TV box placed in a well. All four accused – Mohan, Gopi, Muthu and Pushparaj – were s…

Students from non‑affiliated schools in Kerala were denied permission to sit for the Central Board of Secondary Education (CBSE) examinations. The Kerala High Court, first by a single judge and then by a division bench, issued interim orders allowing the students to appear and later directed that certificates be issued…

The appellants, manufacturers of rapid‑hardening white cement, challenged the classification of their product under the Central Excise Tariff. They argued that the cement should be placed in Entry 23(i) of the Central Excises & Salt Act (and later Sub‑heading 2502.20) as rapid‑hardening cement, rather than in the resid…

In M.C. Mehta v. Union of India & Ors., the Supreme Court examined the State's failure to implement its earlier directions aimed at curbing chaotic traffic and vehicular pollution in Delhi, which affect the right to life under Article 21 and the State's duties under Articles 47, 48A and 144 of the Constitution. The Cou…

The appellants, who had been working as Junior Commercial Clerks, were appointed on an ad‑hoc basis as Enquiry‑cum‑Reservation Clerks between 1978 and 1982 after the Railway Board changed its policy to fill the post by selection, favouring women candidates. When the railway later regularised the appellants' positions t…

The appellants were tenants of shops in a building completed in 1977. Their tenancies were terminated by notice and the landlords filed suits for possession in 1983. Decrees granting possession were passed in December 1988, after the ten‑year exemption period under Section 1(3) of the Haryana Urban (Control of Rent & E…

Pammi (Brijendra Singh) and accomplices, armed, went to the house of PW‑5 to settle a business dispute. The three deceased arrived to pacify the situation, leading to a heated altercation during which Pammi and the others opened fire, killing all three. Pammi pleaded private defence, claiming the deceased attacked with…

The husband, Lakhmi, was alleged to have killed his young wife by striking her head with a spade (phali) and a blunt instrument (kunda). Several eyewitnesses saw the assault, and the accused, when examined under Section 313 of the CrPC, admitted killing his wife with a kunda, denying the use of the phali. The trial cou…

The appellant Govindasamy's father transferred 17.615 standard acres to Govindasamy's unmarried daughter Sumathi between the commencement (15‑Feb‑1970) and notified date (2‑Oct‑1970) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. The land authorities included this gifted land in Govindasamy's f…

The State of Kerala sought to acquire land under the Land Acquisition Act, 1894. The Kerala High Court quashed the Section 6 notification on two grounds: that it was issued more than one year after the Section 4 notification, and that no Section 5A enquiry had been held before the notification. The State argued that th…

The Supreme Court considered appeals by certificate from the Kerala High Court concerning the assessment year 1978-79. The issue was whether the statutory deduction under Section 36(1)(viii) of the Income Tax Act, 1961, should be calculated on the total income before allowing that deduction. The Court examined earlier …

The Kerala State Electricity Board required Junior Engineers and, under a 50-50 split between promotion and direct recruitment, invited applications for 10% departmental and 40% open‑market posts. Because of urgency, the Kerala Public Service Commission first selected departmental candidates and issued a provisional ad…

P. Suseela Devi, appointed Assistant Grade‑II in the Kerala General Secretariat Service, was senior to respondents 2‑9 in the official seniority list. Promotion to Assistant Grade‑I is by seniority subject to fitness and requires completion of a two‑year probation. When vacancies arose, all were provisionally promoted …

The Collector of Central Excise, Bombay, appealed against K.W.H. Heloplastics Ltd. for non‑payment of excise duty on plastic tanks and vats. The department classified the goods under Heading 39.25, Sub‑heading 3925.10 as "builders' ware" liable to duty, while the assessee claimed exemption under Sub‑heading 3926.90 as …

The appellant, Savita Chemicals Ltd., sought a declaration that a strike by the Dyes and Chemical Workers Union was illegal under Sections 24(1)(a) and 24(1)(i) of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. The union had issued a strike notice during the subsistence o…

The Kerala Industrial Establishments (National and Festival Holidays) (Amendment) Act, 1990 increased compulsory paid holidays for industrial establishments from seven to thirteen. M.R.F. Ltd. challenged the amendment, alleging it infringed its right to carry on trade and business under Article 19(1)(g) of the Constitu…

The landlords (appellants) let a building to Ms. Shanta Sabnis, who died leaving her daughter (second respondent) as the alleged heir. The landlords sued for eviction on the ground that the premises had been unlawfully sub‑let to the first respondent and his sister, invoking Section 13(1)(e) of the Bombay Rents, Hotel …

The State of Kerala appealed against a Kerala High Court judgment that struck down Section 59A of the Kerala General Sales Tax Act, 1963. Section 59A gave the State Government absolute and final power to determine the rate of sales tax on any goods, without any requirement to hear the affected dealers and without any p…

The State of U.P. entered into a contract with Harish Chandra & Co. for excavation and construction work, which the contractor failed to complete, leading the State to finish the work through other agencies and incur extra costs. The dispute over payment was referred to arbitration, where the arbitrator awarded interes…

The petitioners (SIEL Ltd. and others) challenged the constitutional validity of the Uttar Pradesh Sheera Niyantran Adhiniyam, 1964 and subsequent state notifications controlling the supply, distribution and price of molasses, arguing that the State lacked legislative competence because the sugar industry fell under Un…

The tenant, P.R. Deshpande, filed a revision petition under Section 50 of the Karnataka Rent Control Act, 1961, but failed to deposit the arrears of rent required by Section 29(1) at the time of filing. The Karnataka High Court dismissed the revision petition for this deficiency, gave the tenant six weeks to vacate the…

The State of Andhra Pradesh prosecuted twenty‑one accused for a night‑time raid on the house of Gankidi Mohan Reddy that resulted in his murder. The trial court convicted eleven of them under Sections 148, 302 read with 149 IPC and related offences; the High Court set aside the convictions of six accused under Sections…

Sonic Electrochem, the manufacturer of JET‑MAT, challenged the classification of its product as a "mosquito repellent" under Entry 129 of Schedule II Part A of the Gujarat Sales Tax Act, 1969, arguing that the product is an insecticide and should enjoy the partial exemption provided under Entry 98. The High Court had d…

The Supreme Court examined the interpretation of Rule 258(2)(ii) of the Andhra Pradesh Motor Vehicles Rules, 1989 in the context of a scheme notified under Section 100(3) of the Motor Vehicles Act, 1985. Bus operators sought town‑service permits for routes extending beyond 8 km from municipal limits, which the Regional…

The Telecommunication Department filled Assistant Engineer vacancies between 1969 and 1976 by 50% direct recruitment and 50% promotion of Junior Engineers under draft rules approved later as statutory rules. After the promotions were regularised in 1978, a seniority list was drawn based on merit, which was challenged b…

The appellant, S. Rajendra, a regular Assistant Superintendent of Jails, was promoted on an ad‑hoc basis to Deputy Superintendent when a single vacancy reserved for a Scheduled Caste (SC) candidate could not be filled because the only SC candidate, respondent No.3, had not yet completed the required three years of serv…

The Labour Law Practitioners' Association challenged a Maharashtra Government notification appointing two Assistant Commissioners of Labour as judges of Labour Courts, alleging violation of Article 234 of the Constitution. The Bombay High Court set aside the notification, holding that Labour Courts are courts and their…

The appellants, initially hired as temporary casual skilled fitters and later regularised, were promoted to Highly Skilled Fitters Grade‑II based on seniority that included their casual service. The respondents, who had been regular skilled fitters since the early 1980s, challenged these promotions before the Central A…

Six Assistant Computors of the West Bengal Subordinate Labour Service filed a writ petition seeking promotion to higher posts, which a single judge ordered to be effected from 13‑03‑1980. A division bench later modified that order, directing that all promotion cases be considered afresh under the law. The petitioners s…

Four employees of the Shiromani Gurdwara Prabandhak Committee (SGPC), a body created under the Sikh Gurdwara Act, 1925, were dismissed from service. They filed a writ petition under Articles 226 and 227 of the Constitution challenging the dismissal. The Punjab & Haryana High Court refused relief, directing them to seek…

The Maharashtra State Electricity Board (MSEB) was challenged by two trade unions for allegedly failing to pay statutory bonus to their workmen for the accounting years 1965‑66 to 1969‑70 under the Payment of Bonus Act, 1965. The Industrial Tribunal held that after deducting certain items from gross profits, no allocab…

The petitioners, former Emergency Commissioned Officers (ECOs) in the Central Reserve Police Force (CRPF), challenged the seniority list prepared by the Union of India, alleging that the list improperly accounted for their past Army service. The Court examined whether the 1967 Rules on ECOs applied to seniority matters…

The Appropriate Authority, exercising powers under Section 269‑UD of the Income Tax Act, 1961, concluded that a property in Bangalore was undervalued by more than 15% in an agreement of sale and ordered its compulsory purchase by the Central Government for the consideration stated in the agreement. A single judge of th…

The petitioners, tenants of a commercial premises, challenged the landlord's suit for possession under Clause 13(3)(vi) of the C.P. & Berar Rent Control Order, 1949, arguing that the landlord already owned other premises in the same building, which should bar his claim of bonafide requirement. The Supreme Court examine…

The Supreme Court was approached by the Union of India for clarification of its earlier order directing the National Human Rights Commission (NHRC) to investigate alleged mass human‑rights violations in Punjab. The NHRC raised preliminary objections, contending that Section 36(2) of the Protection of Human Rights Act, …

The G.B. Pant University of Agriculture and Technology had two separate cadres – Research Assistants (B.Sc.) and Senior Research Assistants (M.Sc.) – with different pay scales. Research Assistants sought retrospective parity with Senior Research Assistants, claiming the same pay scales that were granted to research sta…

The appellant, an Executive Engineer who turned 50 in May 1985, was not reviewed under the 1983 circular that required performance review before age 50. Instead, his case was reviewed in June 1987 under a later 1986 circular that raised the performance standard to "not below good" and ordered his compulsory retirement.…

The State of Orissa leased 569.6 acres to the Steel Authority of India for extracting limestone and dolomite, with an agreement that royalty be paid on the minerals extracted. The Authority processed the run‑of‑mine material to remove waste before weighing the product, and argued that royalty should be calculated on th…

The appellant's husband was detained under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 on 23 August 1997. He filed a representation seeking release on 7 October 1997, which the State Government failed …

The landlord filed an eviction petition which was disposed of by a compromise decree allowing the tenant to occupy the reconstructed premises at a rent "25% less of the prevailing fair rent in the area." After reconstruction the tenant took possession by executing the decree without invoking Section 27 of the Karnataka…

Damodar Valley Corporation (DVC) recruited both science graduates and engineering diploma holders as Assistant Operators/Operators between 1969 and 1977. Later DVC decided to upgrade all existing diploma engineers to the rank of Assistant Controller and to create a separate Sub‑ordinate Engineering Service Cadre for th…

The Maharashtra State Electricity Board issued a tender for large‑diameter piping for a power project and received bids from Raunaq International Ltd. and IVR Construction Ltd. The Board, after a technical assessment, relaxed the qualifying criteria and awarded the contract to Raunaq, whose bid was lower, despite both …

The respondent, a former Chief Metropolitan Magistrate who retired in February 1981, sought to have his pension recalculated under the 1987 amendment to the All India Services (Death‑cum‑Retirement Benefits) Rules, which provided a higher pension to retirees after 1 January 1986. The High Court initially dismissed his …

The appellant, a public deity, sought settlement of land vested in the State under the Orissa Estate Abolition Act, 1952, following notifications of 1968 and 1974. Private respondents objected, claiming occupancy rights, but the Estate Abolition Collector rejected their objections and settled the land with the deity. T…

The Union of India appealed against a Central Administrative Tribunal (CAT) order that had held Dhobis employed at the National Defence Academy (NDA) were civil servants because their salaries were drawn from the Regimental Fund, which the Tribunal said was linked to the Consolidated Fund of India. The petitioners argu…

The Deputy Commissioner of Andaman & Nicobar Islands challenged the refund of excise duty paid by licensees of Indian-made foreign liquor, arguing that the 1984 Amendment Regulation, particularly Section 31A and the non obstante clause in Section 6, validly imposed a special duty retrospectively. The Calcutta High Cour…

The respondent, an Assistant Manager of Orissa Small Industries Corporation Ltd., was terminated, reinstated by the High Court and given a notional promotion to Joint Manager. When a vacancy for Manager arose, the Departmental Promotion Committee considered his candidature but found him unsuitable, promoting two junior…

In a municipal council election with 424 voters, the quota for election was 213 votes. No candidate reached the quota, leading to successive rounds of elimination under the Conduct of Election Rules, 1961. The appellant, G.N.R. Dudhagaonkar, contended that 71 ballot papers, which were declared exhausted because they co…

The appellants, claiming to be original residents of villages on the Bihar‑Uttar Pradesh border, challenged the validity of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, arguing that state boundaries were frozen as of 26‑January‑1950 and that the disputed lands were never transferred. The Supreme Co…

The case concerned a motion of confidence in the Uttar Pradesh Legislative Assembly on 21 October 1997, after which twelve Bahujan Samaj Party (BSP) MLAs voted for the government despite a whip issued by BSP leader Mayawati. Mayawati petitioned the Speaker for their disqualification under paragraph 2(1)(b) of the Tenth…

V. Kasturi voluntarily retired from the State Bank of India in 1984 after more than 20 but less than 25 years of service and was ineligible for pension under Rule 22(1)(c) which then required 25 years. The Rules were amended in September 1986 reducing the qualifying service to 20 years. Kasturi claimed entitlement to p…

The Life Insurance Corporation of India issued a life insurance policy on 31 March 1990, which the insured back‑dated to 10 May 1989 and paid premiums for that period. The insured’s minor daughter committed suicide on 15 November 1992. Clause 4‑B of the policy limits the insurer’s liability to the total premiums paid i…

The Rani Laxmibai Kshetriya Gramin Bank advertised 35 Probationary Officer and 35 Field Supervisor posts in 1983, selected candidates including the respondents, but later appointed fewer officers despite increasing the advertised vacancies. The panel of successful candidates was to remain valid for one year under Gover…

The dispute concerned an eviction order passed by the Rent Controller against the appellants, which was set aside by an appellate authority due to a title dispute. The High Court later affirmed the eviction order, prompting the respondents to file Special Leave Petitions (SLPs) before this Court, which were dismissed. …

J.S. Bansal, a Superintending Engineer, challenged a charge‑sheet issued by the Madhya Pradesh Government, alleging it was stale and issued to block his promotion. The Madhya Pradesh Administrative Tribunal (MPAT) allowed his challenge, ordered a Departmental Promotion Committee (DPC) meeting and later directed the Sta…

Pawan Kumar (husband) and his parents-in‑law were convicted for the death of his wife, Urmil, who died from severe burns within seven years of marriage. The prosecution alleged that the husband and his relatives repeatedly demanded a scooter and refrigerator as dowry, subjected the wife to mental cruelty and harassment…

The Collector of Central Excise appealed against New Tobacco Co. challenging the company's claim that a Central Excise notification dated 30‑Nov‑1982 became effective only when it was made available to the public on 8‑Dec‑1982, not on the date of its printing in the Gazette. The company had paid duty at the lower rate …

The State of Uttar Pradesh acquired 7.334 hectares of land in Agra for a fruits and vegetables market yard, invoking Section 17(4) of the Land Acquisition Act, 1894 to dispense with the Section 5‑A inquiry on the ground of urgency, despite a one‑year gap between the notification and the declaration. The land owners cha…

The appellant, representing Income Tax Practitioners, challenged the constitutional validity of Section 44(AB) of the Income Tax Act, 1961, which mandates that the accounts of businesses with turnover exceeding Rs 40 lakh and professionals with receipts exceeding Rs 10 lakh be audited only by a Chartered Accountant. Th…

The Supreme Court considered an appeal by the heirs of Veerappa challenging a partition order that gave the widow of Ramshetti a share in the joint family agricultural land. The issue was whether the Hindu Women's Right to Property Act, 1937, as applied in the erstwhile State of Hyderabad, covered agricultural land, an…

R.D. Sharma was charged under the Prevention of Corruption Act, 1947 for an offence alleged in an FIR dated 2 November 1982. After a charge‑sheet in 1985, the Special CBI Judge framed charges only in 1993 and, by June 1995, had examined merely three of the forty witnesses listed. Sharma filed a writ petition seeking qu…

The Supreme Court examined whether Rule 2(ee)(iii) of the Drugs and Cosmetics Rules, 1945, which defines "registered medical practitioner", exceeded the legislative competence of the Central Government under the Indian Drugs and Cosmetics Act, 1940, and whether state notifications declaring Vaids/Hakims as practitioner…

Vimal Singh was tried for murder under Section 302 IPC for allegedly stabbing Vijay Singh with a knife. The trial court acquitted him, finding the prosecution had not proved the charge beyond reasonable doubt. The complainant, Khuman Singh, filed a revision petition; the Madhya Pradesh High Court re‑appraised the evide…

The tenure‑holder, Mahant Narendra Das, was served a notice under Section 10(2) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 proposing certain land as surplus. While the proceedings were pending, he executed sale deeds transferring portions of the land to the appellants. The appellants sought a…

Sushma Suri, an Additional Government Advocate with more than seven years of experience, applied for the Delhi Higher Judicial Service (DHJS) but was not called for interview. She challenged the decision, arguing that a Government Advocate remains an "advocate" under Article 233(2) of the Constitution and is therefore …

The landlord (appellant) filed an eviction suit against the original tenant for non‑payment of rent and alleged sub‑letting. The trial court decreed eviction, but the Karnataka High Court set aside the decree, holding that Section 31 of the Karnataka Rent Control Act, 1961 was invalid per Padmanabha Rao and directing t…

The landlord filed an eviction suit under Section 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, alleging that tenant Bakerali Fatehali had unlawfully sublet or transferred his interest in a shop to his two sons. Bakerali had originally taken the shop on his own name, later entered into …

B. Singh, a police constable, was dismissed for alleged unauthorized absence. The trial court held that the absence had been regularised as leave without pay, so the misconduct charge did not survive, and also found that Singh was denied a personal hearing and that his signatures were obtained under duress. The lower a…

The landlord, a partnership firm, sued its former tenant for possession of premises after a 21‑year lease expired. The partnership was unregistered when the suit was filed, raising a bar under Section 69(2) of the Partnership Act. The trial court and High Court held the suit maintainable and granted possession. On appe…

The State of Madhya Pradesh appointed Dharm Bir as Principal of an Industrial Training Institute on an ad‑hoc basis, but the 1985 Madhya Pradesh Industrial (Gazetted) Service Recruitment Rules required a degree or diploma in Engineering for that post. When the Rules were promulgated, a promotion committee found Bir ine…

In 1989 the Governor of Bihar promulgated Ordinance 32 to take over 429 private Sanskrit schools, vesting their assets in the State and converting the teachers into government servants. The Ordinance was repeatedly re‑promulgated until 1992 without ever being placed before the legislature. The teachers filed writ petit…

Indian Bank advanced money to Chemmeens Exports Pvt. Ltd. secured by an equitable mortgage and, after the company was wound up, obtained leave to sue the company in liquidation. A preliminary decree was passed ordering the company to pay the debt by a specified date, failing which the bank could obtain a sale order. Th…

Petitioners were appointed as General Duty Medical Officer Grade II by the Delhi Municipal Corporation between 1982 and 1985 on a purely ad‑hoc, stop‑gap basis, with explicit terms that the posts would be regularised only after passing the UPSC examination. After appearing before UPSC, they were regularised on 27 June …

On 21 April 1983, members of a rival trade union threw bombs at an industrial estate in Kerala, killing Nanukuttan and injuring several others. The trial court acquitted all twenty‑two accused, but the State appealed against the acquittal of three accused (A‑1 to A‑3). The Kerala High Court, on re‑appraisal of the evid…

The appellants, draftsmen of the Central Water Commission (CWC), claimed that they should receive the same retrospective pay‑scale revisions granted to draftsmen of the Central Public Works Department (CPWD) under the 13 March 1984 Government Office Memorandum. They argued that both groups performed similar work and, a…

The Enforcement Directorate (ED) seized documents from Ashok Kumar Jain’s residence under the Foreign Exchange Regulation Act, 1973 (FERA) and issued repeated summons for his interrogation. Jain, citing deteriorating health, applied for anticipatory bail, which was dismissed by the Sessions Court. The Delhi High Court …

The appellant, Orient Paper and Industries Ltd., drew water from a point in the river Ib that lay below the 630 RL mark of the Hirakud reservoir. The Irrigation Officer assessed water rate under the Orissa Irrigation Act, 1959, holding that the intake point was within the reservoir and thus water was supplied from an i…

The appellant, a senior teacher at Emjay High School, claimed that, after acquiring the requisite qualifications, he should have been appointed Headmaster of the minority‑aided school. The school management instead transferred a qualified teacher from another school and appointed him as Headmaster, prompting the appell…

The Union of India appealed against a Madhya Pradesh High Court order that issued notice in a writ petition seeking to direct the Chief Justice of India to appoint Indore as a seat for the Supreme Court. The Supreme Court examined whether the writ petition raised any arguable or triable issue under Article 226 and whet…

The senior employee, M. Suryanarayana Rao, claimed that his pay should be stepped up to match that of his junior who had been given an ad‑hoc promotion on a long‑term basis within a different circle, resulting in the junior drawing a higher salary. The Central Administrative Tribunal allowed the stepping‑up, but the Un…

The appellants, directly recruited Assistant Engineers appointed in 1980 against vacancies of 1978, claimed seniority over promotee Assistant Engineers appointed in 1979‑80, invoking Rule 26 of the Orissa Service of Engineers Rules, 1941. The respondents filed a review and a separate original application before the Sta…

The respondent, an Assistant Town Planner, was charged under the 1963 Andhra Pradesh Civil Services (CCA) Rules for alleged involvement in unauthorized constructions, based on a 1987 anti‑corruption report. No substantive inquiry was conducted despite the appointment of several inquiry officers, and the charge memo rem…

The Supreme Court considered a petition filed under Article 32 seeking clarification on the constitution of an Environment Pollution (Prevention and Control) Authority for the National Capital Region (NCR) under Section 3 of the Environment Protection Act, 1986. The Court examined whether the earlier order of 13 Septem…

The State of Andhra Pradesh imposed a 20% pension reduction on Dr. K. Ramchandran and refused to count his suspension as service. He challenged these orders before the Andhra Pradesh Administrative Tribunal, which set them aside on the ground that, under Section 4 of the Andhra Pradesh Civil Services (Disciplinary Proc…

Dr. Sudha Salhan, an Obstetrician‑Gynecologist appointed in 1979, was considered by a Departmental Promotion Committee (DPC) for promotion to Specialist Grade‑II on 8 March 1989. The DPC’s recommendation was placed in a sealed cover, but she was later suspended on 16 April 1991 and a charge‑sheet issued. She approached…

Hindustan Times Ltd., the employer, delayed remitting Employees' Provident Fund contributions for several periods between 1965 and 1968. The Department issued a notice in 1971 and, after a long lapse, a show‑cause notice in 1979, finally levying damages under Section 14‑B of the Employees' Provident Fund and Miscellane…

The appellant, Baby, challenged a Land Tribunal order that held she was not a cultivating tenant. The High Court set aside the Tribunal's decision under Section 103 of the Kerala Land Reforms Act, 1963, on the ground that the Tribunal failed to consider several material documents. The Supreme Court examined whether suc…

The plaintiffs sought a declaration that they were exclusive co‑owners of a parcel of land, while the defendants claimed tenancy under a predecessor and asked for fixity of tenure. The dispute turned on whether the civil court could decide the tenancy issue or had to refer it to the Land Tribunal under Section 125 of t…

Ion Exchange (India) Ltd., a manufacturer of water purifiers, advertised that its products provided 100% safe drinking water instantly and remained bacteria‑free in storage. The Monopolies and Restrictive Trade Practices Commission, under the MRTP Act, instituted an inquiry and the company accepted a Cease and Desist O…

The appellants, industrial units manufacturing toffees in Uttar Pradesh, applied for eligibility certificates under a 1991 notification granting sales‑tax exemption to new and expanding units, but were denied on the ground that toffee was a "sweetmeat" listed in Annexure II of the notification. The High Court upheld th…

Dr. A.K. Ghosh, a senior officer of the Cholera Research Centre, fraudulently claimed House Rent Allowance (HRA) for ten years by presenting municipal certificates that overstated the rental value of his own house, which in reality was below 10% of his salary. An internal audit uncovered the fraud, leading to a departm…

The Municipal Council of Khurai received a 7‑acre parcel of land (Khasra No. 412/2) as a gift in 1912 to establish a grain market. The Council later transferred the land to the Krishi Upaj Mandi Samiti (Market Committee) under the Madhya Pradesh Agricultural Produce Markets Act, 1960, and claimed compensation for the t…

Hindustan Times Ltd purchased a residential building and later demolished it to erect a multi‑storeyed commercial building. The company paid Rs 36,96,516 as an additional premium for the commercial use of the extra built‑up area and added this amount to the cost of the new building, claiming depreciation under Sections…

Kamla Prasad Singh filed a complaint alleging that police officers raided his house without a warrant, assaulted his wife, abused occupants and seized his property. The Chief Judicial Magistrate, after an inquiry under Section 202 of the CrPC, found that the raid was conducted under a valid warrant and supervised by an…

Palani Ammal (appellant) occupied an open piece of land with a granite foundation on which she erected a fuel depot under a lease from the original landlords (plaintiffs I and II). The landlords later sold the land to a third plaintiff (plaintiff III). Ammal denied plaintiff III's title and filed an application under S…

The State of West Bengal prosecuted Pranab Ranjan Roy under the Prevention of Corruption Act for disproportionate assets. Roy filed a vakalatnama on 29‑02‑1992 through his counsel to obtain certain documents, and the charge‑sheet was filed only on 04‑05‑1994. When summoned, Roy sought discharge under Section 167(5) of …

The Income Tax Department seized gold ornaments from the premises of Babula Agarwal under Section 132 of the Income‑Tax Act, 1961. Babula claimed the ornaments belonged to his step‑mother and ultimately to the plaintiff, Parmeshwari Devi Sultania, who filed a petition with the officer for their return but was rejected.…

The petitioner filed a writ petition under Article 32 of the Constitution challenging the correctness of a decision that had become final on its merits. The petition sought reconsideration of that final decision. The Court examined whether Article 32 can be invoked to obtain a fresh look at a final order. Relying on th…

Uptron India Ltd., a manufacturing concern, terminated the services of Ms. Shammi Bhan, a confirmed permanent employee, invoking clause 17(g) of its certified standing orders which provided for automatic termination if a workman overstayed leave for more than seven days. The employee challenged the termination before t…

The State of Maharashtra acquired 14 acres 9 gunthas of land in Kedgaon, Ahmednagar, for public purposes. The Collector initially awarded compensation of Rs 49,301, which the claimants contested, leading to a reference under Section 18 of the Land Acquisition Act, 1894. The reference court fixed a higher compensation o…

In a writ petition under Article 32, Almitra H. Patel and another sought directions for improvement of urban solid waste management in Class‑I cities, alleging violations of the right to a healthy environment. The Supreme Court examined the need for a coordinated approach involving municipal corporations, state governm…

The appellant, Tin Plate Co. of India Ltd., a manufacturer registered under the Bihar Sales Tax Act and Central Sales Tax Act, filed its return for assessment year 1985‑86. The Commercial Tax Officer disallowed its claim of stock transfer as inter‑state sales and levied 10% tax, issuing a demand notice. The company cha…

The case arose from a criminal proceeding for the abduction and murder of an advocate and his family. The CBI, after a Supreme Court direction, filed a charge‑sheet against the appellant SI Avindervir Singh and three other police officers for offences under Sections 193, 194, 211 and 218 IPC, alleging false implication…

The tenant, Brij Bhushan, applied to the Rent Controller under Section 6A of the Haryana Urban (Control of Rent and Eviction) Act, 1973, to deposit rent because the landlord, Kewal Kumar, refused to accept rent and give a receipt. The tenant deposited Rs. 7,500 covering rent from 12‑Feb‑1987 to 11‑May‑1988. The landlor…

The appellants, authorities under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, sought eviction of respondents from plot No. 9. The Special Court held that although the appellants had title, the respondents were in adverse possession and denied relief. The appellants filed a review under Section 17A of the …

The tenant, V. Radhakrishnan, occupied a non‑residential building owned by S.N. Loganatha Mudaliar, who filed an eviction petition on the grounds of alleged rent default and a bonafide personal requirement to set up his son’s business. The Rent Controller dismissed the petition, finding no default and no bonafide requi…

The appellants, owners of properties in Delhi, challenged notices issued under Section 126 of the Delhi Municipal Corporation Act, 1957 that revised the rateable value of their properties on the basis of actual rent received. The Court examined how to determine rateable value when the rent is not subject to the Delhi R…

Real Value Appliances Ltd. faced a winding‑up petition and a suit for recovery of money filed by Canara Bank and Union Bank. The Bombay High Court appointed a provisional liquidator and later, in a separate proceeding, a receiver, holding that the mere registration of a reference under s.15 of the Sick Industrial Compa…

Indian Bank filed a summary suit under Order 37 of the CPC against Maharashtra State Co‑operative Marketing Federation Ltd for recovery under a Letter of Credit. The Federation had earlier instituted a regular suit against the Bank and sought a stay of the summary suit invoking Section 10 of the CPC, which bars the tri…

Gurmush Prakash Bishnoj was appointed a member of the Haryana Public Service Commission (HPSC) on 4 March 1980 and served until 28 August 1984, after which he became Chairman of the HPSC until 27 August 1990. He received a pension of Rs.1,800 per month for his service as Chairman and claimed an additional pension for h…

Mohd. Zahid was arrested by ISBT police on 8 March 1990 and charged under TADA for possessing three country‑made pistols and twelve cartridges. He contended that he had actually been detained on 6 March 1990, that no weapons were seized, and his father filed a complaint with the magistrate. The Designated Court relied …

Bharat Commerce & Industries Ltd. appealed against the Commissioner of Income Tax, arguing that interest paid on delayed advance tax (under Sections 139 and 215) for AY 1972‑73 and interest paid on delayed tax under the Voluntary Disclosure of Income and Wealth Act, 1976 for AY 1977‑78 and 1978‑79 should be allowed as …

The appellants were convicted of murder, robbery and rape for the killings of a family in Pune in July 1992. They challenged the admissibility of witness identifications made for the first time in court without a test identification parade, the legality of the search and seizure of articles, and the doctor’s testimony …

The landlady, Ms. Rena Drego, sought eviction of her tenant under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, claiming a bona‑fide and reasonable need for additional accommodation for her large family. The trial court dismissed her suit, but the appellate Small Causes Court granted …

Shri Doodh Nath, an MLA, was convicted of murder and sentenced to life imprisonment. He filed a remission petition before the Governor of Uttar Pradesh, which was granted despite the Governor not being informed of material facts such as five other serious criminal cases pending against him, the earlier dismissal of his…

The case concerned two plant operators (respondents 3 and 4) who were dismissed for sleeping on duty while the machine was left running. The Labour Court held that the dismissal was shockingly disproportionate and ordered reinstatement with back wages. The appellant appealed, arguing that Clause (g) of Item 1 of Schedu…

The appellants, who had been appointed as ad‑hoc lecturers in Hemwati Nandan Bahuguna Garhwal University under s.13(6) of the U.P. State Universities Act, 1973 between August 1990 and February 1991, sought substantive appointment under the U.P. State Universities (Amendment) Act, 1992. The key question was which set of…