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491 judgments · newest first · showing 401–491
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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) …
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 …
The Moharrirs/peons of Municipal Council Hatta filed an application under Section 22 of the Minimum Wages Act, 1948 seeking overtime pay for four extra hours worked daily during February‑March 1982‑83. The Labour Court allowed the application, but the High Court dismissed the Municipal Council's …
All India Radio and Doordarshan challenged the termination and non‑regularisation of several clerical, linemen and casual workmen, contending that they are not "industries" under Section 2(j) of the Industrial Disputes Act, 1947 because they perform sovereign functions. The Supreme Court examined …
Lakshmi Ram (deceased) had an agreement with vendor Trikha Ram to sell land for a consideration, but the vendor sold the property to subsequent purchasers. Lakshmi Ram filed a suit for specific performance which was decreed by the trial court. On appeal, the defendants argued that the suit was …
The landlord, Life Insurance Corporation of India, sought eviction of the tenant, Mis Bharat Sales Ltd., under Section 14(1)(b) of the Delhi Rent Control Act, 1958 on the ground of sub‑letting. The Additional Rent Controller, the Rent Control Tribunal and the Delhi High Court all held that the …
The appellants, Sheikh Abdul Hamid and Ashiq Ali, were convicted under Sections 302 and 34 of the IPC for the murder of a woman, her daughter and infant son whose bodies were exhumed from a locked inner room of a dhaba where the accused lived. The prosecution relied solely on circumstantial …
The appellants, B. Rudraiah and his son, sought occupancy rights over lands attached to a former village office by filing an application under Section 45 of the Karnataka Land Reforms Act, 1961 on 7 March 1984. The High Court dismissed the application as time‑barred, holding that the six‑month …
The State Government of Uttar Pradesh transferred two Assistant Engineers, which was challenged by the second respondent. The Allahabad High Court dismissed the challenge and later, after President's rule, stayed the transfer and issued fresh orders. The High Court then directed the …
Mirah Exports Pvt. Ltd. and other importers brought ball bearings from SKF at discounts of 50‑70% to the published price list. The Customs authorities issued show‑cause notices alleging undervaluation and relied on the 1981‑82 price list, contending that discounts above 20% were not admissible under …
Rati Pal Saroj, an Under Secretary of the UPSC, was offered an IAS appointment which he accepted but could not join as a probationer because he was not relieved from his previous post. A CBI FIR later alleged his involvement in a conspiracy to tamper with his examination answer sheets. The …
The dispute arose between two branches of the Modi family over the division of assets and companies following a 1989 Memorandum of Understanding (MOU). Clause 9 of the MOU referred any implementation disputes to the Chairman of the Industrial Finance Corporation of India (IFCI), whose decision was …
The Supreme Court dealt with a public‑interest litigation concerning the allocation of hawker and squatter sites within the New Delhi Municipal Committee (NDMC) area. The Court examined the objections raised by NDMC to the inclusion of 33 sites in the Thareja Committee’s report and whether the …
The S.R.M.M.CT.M. Tiruppani Trust, a charitable trust for temple repairs and related activities, resolved in 1963 to accumulate its income for ten years and filed Form 10 under Section 11(2) of the Income‑Tax Act. In the assessment year 1970‑71 it realised Rs 8 lakhs from an advance to a firm, which …
The appellant, appointed as Tailoring Instructor in 1983, was promoted to Superintendent in 1991 on the basis of seniority. Respondents 3 and 4, who were graduates, challenged the promotion invoking the unnotified Haryana Social Welfare and Relief Organisation Service Group ‘C’ Rules, 1983, and the …
The Himachal Pradesh University regularised a group of long‑serving Research Associates and Evaluators as Lecturers by Executive Council resolutions, invoking equity, justice and fair play, without following the statutory procedure of direct recruitment prescribed in Ordinance 35.11. Respondent Dr. …
The appellants forged a certified copy of a Jamabandi (Rent Roll) and introduced it in a court of Executive Magistrate during proceedings under Section 145 of the CrPC. A complaint alleging forgery offences (IPC §§ 468, 469, 471) was filed before the Chief Judicial Magistrate, who forwarded it to …
K.R. Gulati, a substantive Junior Scale Stenographer in the Himachal Pradesh State Electricity Board (HPSEB), was promoted ad‑hoc to Head Clerk and was not considered for the upgrade of Junior Stenographers to Senior Stenographers in 1976. The Himachal Pradesh High Court held that he was entitled to …
Dr. A.K. Sinha, who had served as a Resident Medical Officer in a Bihar medical college from October 1971 to April 1978, sought to have that period counted as teaching experience for promotion to Assistant and Associate Professor. The High Court dismissed his writ petition, holding that the …
Continental Construction Ltd., a civil construction company with overseas projects, paid remuneration to its directors, some of whom were also employees posted outside India. The Income‑Tax Officer disallowed amounts exceeding the Rs 72,000 ceiling per director under sections 40(c) and 40A(5)(a) of …
Two homoeopathic colleges, Bhartiya Homoeopathy College, Bharatpur and Yuvraj Pratap Senior Memorial Homoeopathy Medical College, Alwar, were affiliated to the Rajasthan Board of Homoeopathic Medicine and conducted B.H.M.S. examinations through the Board until 1994. The State Government, following a …
The petitioners, direct recruits to the Karnataka Administrative Service (Junior Scale), challenged a Karnataka Government order dated 3 March 1976 that listed 133 temporary posts alongside 152 permanent posts, arguing that the temporary posts should be counted in the cadre strength of 285 for …
Four accused were caught red‑handed with lethal explosives and convicted under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, receiving five years' rigorous imprisonment. They appealed under Section 19 of TADA seeking sentence enhancement, contending that under Section …
The petitioner, Tarsem Singh, owned agricultural land and entered into a sale agreement with the respondent, Sukhminder Singh, for Rs. 24,000 per acre, with Rs. 77,000 paid as earnest money. The parties differed on the unit of measurement—"bighas" versus "kanals"—leading to a mutual mistake about …
The appellant, a dealer in arecanuts, maintained stock with agents outside Kerala and paid sales tax on purchases based on sales effected by those agents. For the 1987‑88 assessment, the Sales Tax Officer disallowed the appellant’s claim that the closing stock held abroad should be excluded from …
The case concerned the promotion of candidates to the post of Assistant Purchase Officer in ISRO, where selection was based on a written test (50 marks), interview (30 marks) and assessment of confidential reports (20 marks) with a minimum of 50% in each component and 60% overall. Two candidates, …
The Supreme Court examined the non‑compliance of Sakthi Sugars Ltd. with directions issued by the Tamil Nadu Pollution Control Board under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974. The Board had ordered proper storage, treatment and disposal of effluent, but the …
The Bank of Thanjavur was amalgamated with Indian Bank under a Scheme of Amalgamation framed pursuant to Section 45 of the Banking Regulation Act, 1949. The heirs of employees who died while in service of the transferor bank claimed compassionate appointments based on a 1982 settlement entered into …
The Bihar State Housing Board cancelled a residential plot allotted to S.N. Prasad in Sri Krishna Nagar because he already possessed another plot in Sri Krishna Puri, contrary to the Rules for Settlement of Land Acquired and Developed by the State Government at Patna. Prasad had sworn affidavits …
The appellants, who had risen from clerks to assistant managers in the New Bank of India, were placed in the Junior Management Grade Scale I along with accountants after the bank was taken over by the Union of India under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980. …
The Andhra Pradesh Wakf Board claimed that a 358‑53 cent land parcel in Devada Mokhasa village, originally endowed by the Nizam for the support of the Syed Ali Ishaq Madina Vali Dargah, was a Wakf property. The Board sought cancellation of long‑term leases and sub‑leases executed by mutawallis, …
Canara Bank sued a partnership firm and its partners for recovery of a loan secured by an equitable mortgage. The trial court awarded interest at the contractual rate of 16.5% on the balance up to the date of suit and at a reduced rate of 6% per annum for future interest from the date of suit. The …
The respondents, shareholders of a company in voluntary liquidation, received dividends from the liquidator after the sale of the company's assets. The sale proceeds exceeded the written‑down value of the assets but were less than the original purchase price, so the excess was taxed in the company …
The Government of Andhra Pradesh issued G.O. No. 304 (Nov. 20, 1979) to take over the Divisional Accountants cadre from the Accountant‑General’s administrative control and to create a separate state cadre, offering those officers the option to join the state service. Accountants of the Subordinate …
The appellant, a sepoy in the Indian Army, was accused of murdering his wife whose headless, highly decomposed body was found in a well. He made a voluntary extra‑judicial confession to military officers admitting to strangling his wife, and later, at his suggestion, the police recovered the …
Kishan Lal, an assessee, was levied interest under section 220(2) of the Income‑Tax Act for delayed payment of tax. He filed an application under section 220(2A) seeking reduction or waiver of the interest, but the Central Board of Direct Taxes (CBDT) rejected the application without recording any …
The Central Government issued a 1983 communication granting special ad‑hoc incentives to public‑sector bank officers transferred to hardship postings in the North‑Eastern region. United Bank of India adopted these incentives for transferred (promotee) officers but excluded directly recruited …
The India Railway SAS Staff Association (appellants), comprising Section Officers and Travelling Inspectors of Accounts, were placed in the revised pay scale of Rs.2000-3200 following the Fourth Central Pay Commission but were not accorded Group ‘B’ status, unlike their counterparts in the CAG and …
The Uttar Pradesh Avas Evam Vikas Parishad (Parishad) acquired over 200 acres of land for a housing scheme under its 1965 Act and determined compensation at Rs 30 per sq yd, which landowners contested, claiming Rs 150 per sq yd. The Civil Court fixed Rs 150 per sq yd with a 10 % deduction; the High …
The appellants, legal representatives of the deceased plaintiff, had sold a property to the deceased defendant on 8 February 1955 and simultaneously obtained an agreement of reconveyance that allowed the plaintiff to regain the property if she repaid the consideration within three years. A suit for …
Express News Papers Ltd., a public limited company, resolved on 6 December 1962 to pay an interim dividend, payable on 16 January 1963. The Income Tax Officer reduced the rebate available under the Finance Act, 1964 for assessment year 1964‑65, treating the dividend as a reduction trigger. The …
The Himachal Gramin Bank promoted fifteen clerks to the post of Field Supervisor in 1987, allegedly using a merit‑cum‑seniority criterion instead of the prescribed seniority‑cum‑merit rule. Respondents challenged the promotion, and the Himachal Pradesh High Court set aside the selection, directing a …
The Uttar Pradesh State Electricity Board (U.P.S.E.B.) supplied electricity to Atma Steels, but a blown fuse in the potential transformer (PT) caused the meter to record consumption incorrectly, leading to a large assessment of Rs. 57,77,891.38. Atma Steels challenged the assessment in civil court, …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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) …
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 …
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 …
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 …
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 …
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 …
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 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 …
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 …
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 …
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 …
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 …
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 …
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 …
