Judgments of 1999

The appellant, T.K. Lathika, became the owner of a building by gift deed in 1980 and entered into a fresh lease with the long‑term tenant. She filed an eviction petition under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 on 1 July 1981, before the one‑year moratorium period prescribed in the…

The Supreme Court entertained an application by the Gas Authority of India Ltd. (GAIL) seeking directions for the supply of natural gas to industries in the Taj Trapezium Zone (TTZ) of Agra and for the laying of a pipeline through the old Yamuna Bridge. The Court noted that, under its earlier order dated 30‑12‑1996 in …

The appellants, ICICI Ltd., filed a suit for recovery of a large sum and sought under Order 40 Rule 1 of the CPC the appointment of a receiver with authority to sell the respondents' immovable properties before any decree. The Bombay High Court dismissed the application, relying on a Full Bench decision in State Bank o…

The landlords filed an eviction petition under the Tamil Nadu Building (Lease and Rent Control) Act, 1960, claiming they wished to live separately from their father and had no house of their own. The petition did not specifically plead a bonafide need for the premises, merely stating a desire to live independently. The…

Ram Kishore was initially appointed as a trainee tube‑well operator and was terminated for unauthorized absence. He was subsequently given a fresh three‑month temporary appointment, which was again extended, but his performance remained unsatisfactory and he again absented himself without leave, leading to a second ter…

The Maharashtra Girni Kamgar Union (appellant) sought cancellation of the registration of respondent No.4 union as a representative union under Section 15(b)(ii) of the Bombay Industrial Relations Act, 1946, alleging that its membership fell below the 25% statutory minimum for a continuous three‑month period. The dispu…

H.S. Chandra Shekara Chari was dismissed by the Karnataka State Road Transport Corporation in July 1988. He challenged the dismissal before the Labour Court, which held that the charges against him were not proved and ordered his reinstatement with full back wages. The respondents appealed to the High Court, where the …

Ten persons were tried for forming an unlawful assembly and murdering Mahipal. The trial court convicted six, of whom the High Court upheld convictions of Suresh Singh and Mohinder Singh under s.302 IPC and of Chander Pal under s.304(1) IPC. The appellants argued that they acted in private defence as Mahipal was chasin…

The husband filed a petition for divorce on the grounds of mental cruelty and desertion, alleging that his wife removed and threw her mangalsutra, preserved copies of letters she had written to him, and sought the intervention of the Women Protection Cell under IPC 498A. The trial court granted divorce on the basis of …

The appellant, T.C. Mathai, held a power of attorney for a couple who were respondents in a criminal revision petition before the Trivandrum Sessions Court and sought the court's permission to appear and plead on their behalf. The Sessions Judge refused, stating that the request did not come from the couple, and the Hi…

V. Sivaraman sued Shakunthala for a declaration of title and possession of a property. The trial court decreed in his favour, after which he sold the property to R.R. Chettriar and another purchaser, who were impleaded as respondents in the appeal filed by Shakunthala. While the appeal was pending, Sivaraman applied to…

The erstwhile ruler of Kutlehar, Raja Mahendra Pal, claimed that he was entitled to receive the price of forest produce sold to the Himachal Pradesh Forest Corporation at rates fixed by a Pricing Committee, along with interest, damages and penalties, invoking a right to livelihood under Article 21. The Himachal Pradesh…

The husband of the appellant, Ramesh Nahar, was detained under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 3 February 1997. The detention order was not executed until 23 April 1998, a delay of more than a year, with the respondents offering only a vague claim th…

The appellant, ArvinDA Paramila Works, a manufacturer of agarbathis, exported its products in AY 1981‑82 and paid commissions to agents located abroad for procuring export orders. It claimed a weighted deduction under Section 35B(l)(b)(iv) of the Income Tax Act, 1961, on the commission expenditure, arguing that the pay…

The appellant, a long‑serving employee of the Orissa State Financial Corporation, was suspended in 1992 and a disciplinary enquiry was started under Regulation 44 of the Corporation’s Staff Regulations. The enquiry was not completed before his superannuation on 30 June 1995, yet the Corporation continued the proceeding…

Kehar Singh's widow Kirpo inherited land in Pakistan and, after partition, was allotted suit land in India. Upon Kirpo's death, her daughters Santi and Indro possessed the land, which later fell under the Hindu Succession Act, 1956. After Santi's death, Indro obtained mutation of the entire land and sold it to the appe…

The appellants (Accused Nos. 1‑4 and 6) were convicted for murder, attempted murder and related offences after a group assault on a printing press and the deceased’s residence, resulting in the death of Ramanbhai Mohanbhai. The prosecution relied on a dying declaration, medical evidence, and testimonies of six eyewitne…

Padam Singh was convicted by a Sessions Court and upheld by a two‑judge High Court bench for murder and related offences under Sections 302, 307, 148, 452, 324 and 149 of the IPC, based largely on the testimony of four eyewitnesses who were hostile to the accused. The prosecution failed to explain how three members of …

The appellant, a tenant, occupied the first floor and barsati of a house in Defence Colony, New Delhi. The landlord, a doctor, sought eviction under Section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide need for the premises for himself and his family. The Additional Rent Controller dismissed the e…

In 1997 a raid at the residence of Ram Samujh recovered five kilograms of opium. The Sessions Judge denied his bail application, but the Allahabad High Court later granted bail without addressing the mandatory conditions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Union of India appea…

Shiv Kumar filed a criminal case against Hukum Chand for the death of his sister. During the Sessions trial, Kumar sought to have his private counsel, R.C. Gugnani, conduct the prosecution under the direction of the Public Prosecutor, who gave consent. The Sessions Court permitted this, but the High Court set aside the…

The Board of Trustees of the Port of Bombay detained a consignment of acrylic fibre belonging to Mis Sriyanesh Knitters, demanding payment of wharfage and demurrage arising from earlier imports of woollen rags. The respondents challenged the Board’s circular, alleging it was ultra‑violet of the Major Port Trusts Act, 1…

The Supreme Court examined the interpretation of Rule 7(2)(b) of the Indian Broadcasting (Programme) Service Rules, 1990, which mandates that 50% of Junior Time Scale (JTS) posts (serial no. 5) be filled by "promotion". Two rival views existed: the Karnataka and Emakulam benches held that such promotion must be by seni…

The Haryana State Electricity Board (the Board) awarded a cleaning contract to a contractor, Kashmir Singh, who supplied 42 safai karamcharis. After the workers completed more than 240 days of service, they claimed permanent absorption under Section 10 of the Contract Labour (Regulation & Abolition) Act, 1970. The Labo…

The respondents, long‑serving drill operators, were denied promotion after the 1990 Jammu & Kashmir Geology and Mining (Subordinate) Service Recruitment Rules introduced a matriculation qualification for higher posts. They filed writ petitions seeking to quash the qualification bar and to be promoted on seniority groun…

Capt. M. Paul Anthony, a security officer of Bharat Gold Mines Ltd., was arrested after a police raid at his residence recovered gold items. He was suspended and a departmental inquiry was initiated, but his request to stay the inquiry pending the criminal trial was denied. The inquiry proceeded ex parte, he was found …

The appellant, a fishery cooperative society in Darrang District, consisted of members belonging to the Maimal Community of Cachar District. The society sought direct settlement of fishery rights under the proviso to Rule 12 of the Assam Fishery Rules, which provides such settlement to societies formed by 100% actual f…

The appellants Mujeeb, Johnson and Akbar were accused of hiring the taxi of driver Balan, intoxicating him with a soft drink allegedly mixed with sleeping tablets, strangling him, and disposing of his body, followed by tampering with the vehicle's registration. The prosecution relied solely on circumstantial evidence, …

The appellant, the legal representative of the mortgagor, filed a suit for redemption of a usufructuary mortgage and possession of a shop. The defendant claimed the mortgage was a sham designed to evade rent‑control law and that the parties were landlord and tenant. The trial court and the first appellate court dismiss…

The Supreme Court examined whether an arbitrator can award interest for the period before a reference (pre‑reference period) under the Interest Act, 1839 when the arbitration agreement is silent on interest. The Court noted earlier decisions—Executive Engineer v. Jena, State of Orissa v. G.C. Roy, and State of Orissa v…

The respondent Chandrika and two others were charged with murder under IPC sections 302, 307 and 34. The Sessions Court convicted Chandrika under section 304 and sentenced him to eight years' rigorous imprisonment. On appeal, Chandrika did not contest the conviction but sought a plea bargain on the sentence; the Allaha…

Two local residents stood as sureties for the bail of a foreign national charged with offences under the IPC and foreigner statutes. The magistrate later relaxed one of the bail conditions, after which the accused absconded, leading to forfeiture of the bail bonds and a penalty of Rs.25,000 against each surety. The sur…

The appellants were granted stage‑carriage permits by the Regional Transport Authority (RTA), Bikaner, to ply buses on a Sangaria‑Delhi inter‑state route. The Rajasthan Road Transport Corporation challenged the permits, arguing that the route was covered by a reciprocal transport agreement between Rajasthan and Haryana…

The landlord Sushila Devi filed an eviction suit under Section 20(4) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, alleging that the tenant had defaulted in rent for 33 months. The summons fixed the first hearing for 22‑Feb‑1990, but the tenant, who died in 1991, deposited t…

United Commercial Bank, a nationalised bank, valued its investments at cost in the statutory balance sheet but, for income‑tax returns, valued the same stock‑in‑trade at the lower of cost or market value, a practice it had followed consistently for over thirty years and which the tax department had accepted. The bank c…

The appellant K. Bhaskaran was accused of issuing a Rs.1 lakh cheque that was dishonoured for insufficient funds. The complainant, his brother, sent a notice of demand by registered post, which was returned as 'unclaimed'. The trial magistrate acquitted the appellant on the grounds of lack of territorial jurisdiction a…

The husband and mother‑in‑law of Dhanuben were alleged to have set fire to her and her son, resulting in their deaths. Two dying declarations were recorded – one by a police officer and another by an Executive Magistrate – but the trial court excluded them and acquitted the accused of murder while convicting them under…

Garden Silk Mills Ltd. and other importers brought several appeals challenging the Customs Department’s addition of landing charges to the CIF price of polyester yarn imported under CIF contracts for the purpose of determining assessable value under Section 14(1)(a) of the Customs Act, 1962. The appellants argued that …

The appellant, a tenant, entered into a purchase agreement for the premises and paid a part‑payment, but the agreement was later repudiated and he filed a suit for specific performance. While the suit was pending, the new owner (respondent) filed an ejectment suit on the ground of arrears of rent. The Rent Controller o…

The appellant NEPC Micon Ltd. and its directors issued five cheques to the respondent Magma Leasing Ltd. which were returned by the bank with the endorsement "account closed." The respondent instituted criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881. The appellants argued that "account cl…

Handloom House, a co‑operative society, paid its employees incentive bonuses and sales commissions in addition to regular wages. The Employees State Insurance Corporation (ESIC) claimed that these payments were "wages" under Section 2(22) of the Employees State Insurance Act, 1948 and demanded additional contributions.…

The plaintiff, represented by his legal heirs, sued for a declaration of title and a permanent injunction, claiming to be the son of the late Haritheertham and Mariyayee. The trial court dismissed the suit, finding the plaintiff had not proved his lineage or possession of the property. The first appellate court reverse…

Marshall Sons & Co. (I) Ltd., the landlord, obtained a decree for eviction against four defendants for non‑payment of rent and unlawful sub‑letting. The decree was not executed, and the respondents continued to occupy the premises. The respondents later filed a declaratory suit claiming tenancy rights and the trial cou…

The appellants, joint owners of thirteen houses, were assessed a property tax by the Raigarh Municipal Council under the Madhya Pradesh Municipalities Act, 1961, which aggregated the annual letting values of all their properties and taxed the aggregate despite each property’s individual letting value being below Rs.1,8…

The case concerned a Joint Civil Judge (Junior Division) who was accused of ordering a wrongful arrest. A departmental inquiry was ordered, and the Inquiry Officer exonerated him, but the High Court’s Disciplinary Committee rejected the report and recommended compulsory retirement, which was approved by the Governor. T…

The Kerala Government issued a notification under the Land Acquisition Act, 1894 to acquire a small parcel of land bearing a shop owned by K.K. Pankajakshy, alleging the need to provide a passage for the annual temple procession of Sree Jagannath Temple managed by Jnaneda Ya Yogam. The High Court held that the acquisit…

The Life Insurance Corporation (LIC) offered a Salary Savings Scheme under which Delhi Electric Supply Undertaking (DESU) deducted insurance premiums from its employees' salaries and remitted them to LIC. DESU failed to remit premiums for two months, after which an employee died and his widow claimed the policy benefit…

Vinay Bubna sued the Bombay Stock Exchange (BSE) alleging that the Exchange's Rules 16 and 43, which dictate how the proceeds from the sale of a defaulting member's membership are allocated, were arbitrary, violated constitutional guarantees and were inconsistent with insolvency law. The appellant claimed that the memb…

The appellant, Amanulla Khan, a member of a notorious gang, was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985 as a "dangerous person" after allegedly extorting money by threatening death and assaulting victims on three separate occasions. He challenged the detention, arguing that a single cr…

The landlord, who owned a shop room, sought eviction of his tenant to start an electrical goods business, claiming a diploma in Electrical Engineering but no prior experience. The trial court denied eviction, while the appellate court ordered eviction under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House …

Mis Nirulas Corner House Pvt. Ltd. imported a continuous ice‑cream freezer together with machines described as Can Filler, Fruit Feeder and Ripple Machine. The importer claimed the latter were merely accessories to the freezer and should be classified under heading 84.15(1) of the Customs Tariff Act, attracting no coun…

The case involved V.V.S. Sugars challenging the levy of interest on tax arrears under Rule 45(4) after the amendment of Section 21(3D) of the Andhra Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1961. The Andhra Pradesh High Court had held that the amendment applied only to the 1975‑76 crushing season and …

The State of Madhya Pradesh appealed against a Madhya Pradesh High Court order that held video games in video parlours were not liable to entertainment tax under the MP Entertainments Duty and Advertisement Tax Act, 1936. The High Court had relied on the decision in Harrish Wilson v. State of MP, reasoning that the ent…

Mohan Singh and Kailash Singh were convicted of murder under Section 302 read with Section 34 of the IPC, with Mohan Singh also convicted under the Arms Act. They appealed, challenging the post‑mortem finding of blackening under the wound, the reliability of eyewitness identification in low light, the lack of detail in…

The petitioners, manufacturers including Eicher Motors Ltd., challenged Rule 57F(4A) of the Central Excise Rules, 1944 which mandated that MODVAT credit unutilised as on 16 March 1995 would lapse. They argued that the credit represented a vested right under the existing law and that Section 37 of the Central Excise Act…

The appellants entered into an agreement for sale of a flat under Section 4 of the Maharashtra Ownership Flats Act, paid the required registration fee and later had the agreement impounded with a demand for stamp duty under Section 32A of the Bombay Stamp Act. They contended that the document was merely an agreement fo…

The plaintiffs, Mukesh Kumar and others, entered into an agreement with the Karta of a Hindu Undivided Family (HUF) to purchase a property, but the sale deed was not executed. One of the original defendants, Ashwani Kumar, was later transposed from the defendant side to become a plaintiff. The trial court and appellate…

In the 1997 Dasuya Assembly election, the appellant Mahant Ram Prakash Dass lost to respondent Ramesh Chandra by 53 votes and sought a recount under Rule 63(2) of the Conduct of Election Rules, 1961. The Returning Officer rejected the application, and the High Court dismissed the election petition for lack of a prima f…

M.S. Ahlawat, a police officer, filed forged affidavits and made false statements before the Supreme Court, which subsequently convicted him under Section 193 of the Indian Penal Code (perjury) and Article 129 of the Constitution (contempt) by way of a show‑cause notice. Ahlawat challenged the perjury conviction, conte…

Mahendra Pal, a candidate of the Indian National Congress, challenged the election of R.D. Malanger, a Bharatiya Janata Party candidate, to the Himachal Pradesh Vidhan Sabha from the Kutlehar constituency. The petition alleged that 35,310 ballot papers were distributed but 35,318 were counted, resulting in eight excess…

Mis. Forage & Co., an importer of zinc oxide, contended that octroi could not be levied on the product because Schedule H, Class IV of the Bombay Municipal Corporation Act, 1888, pertains only to articles used in construction, and zinc oxide is used solely in rubber manufacturing. The Bombay High Court's Single Judge a…

The appellant was found in possession of six ampoules of buprenorphine, a psychotropic substance, and was convicted under Section 20(b)(i) read with Section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He claimed the drug was for personal medical use as prescribed by his doctor. The trial court ignore…

The appellant, Jai Karan, was convicted under Section 302 IPC for allegedly burning his wife, Wanti Devi, based solely on her dying declaration recorded by a doctor in a hospital. The trial and High Courts held the declaration reliable, but the Supreme Court examined the circumstances surrounding its recording, noting …

The respondents, M/s Aruna Straw Boards Ltd., manufactured single‑ply straw boards, a portion of which was cleared on payment of excise duty and the remainder was used in‑factory to produce multiple‑ply straw boards that were also cleared on duty. The Revenue issued a show‑cause notice alleging that duty should be levi…

The State of Jammu & Kashmir terminated a measurable‑item rate contract with contractor Dev Dutt Pandit after less than 50% of the work was completed and the contractor filed a petition under Section 20 of the Arbitration Act. An arbitrator awarded Rs. 20,08,000 based on a final bill prepared from measurements taken by…

Graphite India Ltd. obtained electricity from Durgapur Projects Ltd. (DPL), a sanction‑holder under Section 28 of the Electricity Act, 1910. DPL revised its tariff in 1991, 1993 and 1995, giving only a two‑day short notice and seeking State Government approval after the fact; Graphite challenged the revisions in three …

The deceased K.R. Patel and B.G. Amin were appointed executors and trustees under a 1962 will that directed payment of debts, conveyance of specific legacies, conversion of remaining assets into cash and donation to charitable purposes. The will created a public trust, which was registered in December 1964 after the es…

The Supreme Court examined the claim of Company Paid Staff employed in the offices of the Official Liquidator and Court Liquidator across several High Courts, who had served for 10‑25 years on low pay without permanent status or retirement benefits. They filed writ petitions seeking to be regularised as Central Governm…

The respondent, a Hindu Undivided Family (HUF) that was a partner in a firm, effected a partial partition on 13‑April‑1979 and the Income Tax Officer (ITO) recognised it under Section 171(2) of the Income Tax Act, 1961. For AY 1980‑81 the HUF filed a return excluding income from the partitioned assets. The Finance Bill…

The State of Kerala challenged the exemption claimed by Pullangode Rubber & Produce Co. Ltd. under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The company argued that land used for fire‑wood to its smoke‑houses and for workers, as well as wooded enclaves within its rubber plantation, fell outside the…

The Union Government allotted a petrol pump site at San Martin Marg to Hindustan Petroleum Corporation Ltd. (HPCL), which was later re‑allotted to Bharat Petroleum Corporation Ltd. (BPCL) without notice, following a Supreme Court order in a public‑interest litigation. The Supreme Court subsequently recalled its earlier…

The respondent, Om Prakash, was a partner in two partnership firms in his capacity as Karta of a Hindu Undivided Family (HUF). The Income Tax Officer included the share of income earned by his minor children in his total income under Section 64(1)(i) and (ii) of the Income Tax Act, 1961. The assessee challenged this, a…

The petitioners, who use the services of goods transport operators and clearing‑and‑forwarding agents, challenged the validity of Service Tax Rules 2(d)(xii) and 2(d)(xvii) (as amended 1997) which made the customers or clients the “person responsible for collecting service tax”. They contended that the rules conflicted…

The plaintiff paid Rs.1 lakh each to the property owner (defendant 1) and his agent (defendant 2) based on a written authorisation allowing the agent to sell the ground floor. The sale fell through; the agent returned Rs.50,000 but the owner refused to refund his share, denying any contractual relationship with the pla…

The Supreme Court considered appeals filed by the Andhra Pradesh Pollution Control Board challenging the High Court's order granting consent to a company to set up a castor‑oil derivatives plant near the Himayat Sagar and Osman Sagar catchment areas. The Board argued that the industry fell in the "red" hazardous catego…

The State of Gujarat issued notifications under Section 16 of the Gujarat Industrial Development Act, 1962 declaring the Kaloi Industrial Area a notified area under the Gujarat Municipalities Act and simultaneously excluded it from Saij Gram Panchayat under the Gujarat Panchayat Act, 1961, along with a resolution alloc…

The appellant, a director of Mis. Rama Fibres Ltd, was charged under Section 138 of the Negotiable Instruments Act for dishonoured cheques. The company faced winding‑up proceedings, and the magistrate suspended prosecution against the company but proceeded against the directors. The appellant argued that prosecution of…

Molai, a jail guard, and Santosh, a prisoner, were convicted of raping, strangling and murdering Naveen, the 16‑year‑old daughter of an assistant jailor, and disposing of her body in a septic tank. The prosecution relied on circumstantial evidence, forensic findings of human blood on a knife, and recovered clothing wit…

The appellant Balbir was convicted of murder under Section 302 IPC based on a private complaint, while a separate police‑filed case led to the acquittal of another accused, Guria, for the same killing. Both cases were tried before the same Sessions Judge but were not consolidated, and the appellant did not raise any ob…

The appellant, a manufacturer of laminated textile fabrics, sought classification of its waste side strips and scrap (referred to as "foam patty") as non‑excisable items under Chapter 59 of the Customs Tariff Act. The Assistant Collector and the Appellate Authority classified the material as laminated fabrics, first as…

The deceased assessee, Sardar Arjun Singh Ahluwalia, entered into an agreement with Kalyanmal Mills Ltd. in 1946 for the sale of waste cotton. The Mills failed to pay amounts due for the periods corresponding to assessment years 1946-47 and 1947-48, leading to a suit and a final decree in December 1965. The amounts wer…

The Supreme Court dismissed Civil Appeal No.154 of 1999 filed by Jeet Mohinder Singh challenging the election of Harminder Singh Jassi. The Court held that the respondent's nomination paper was validly accepted because the required copy of the electoral roll was produced before scrutiny, and the returning officer was n…

In the Solan constituency election, the petitioner Mohinder Nath Sofat challenged the election of Krishna Mohini on two grounds: the alleged improper rejection of the nomination papers of Pritam Chand and Mohan Singh, who were alternate candidates of unrecognised parties, and the alleged illegal acceptance of Jagdish C…

The Lucknow Nagar Mahapalika entered into a one‑sided agreement with M.I. Builders to construct an underground shopping complex on Jhandewala Park, a historic public park, without inviting tenders or obtaining required statutory approvals. The High Court held the agreement illegal, arbitrary and violative of the U.P. M…

In the 1984 Tamil Nadu Legislative Assembly election, K. Venkatachalam was declared elected despite not being an elector in the Lalgudi constituency, having impersonated another person of the same name. The defeated candidate, A. Swamickan, filed a writ petition under Article 226 seeking a declaration that Venkatachala…

The appellant (Superintending Engineer) and respondent (B. Subba Reddy) entered into four contracts which were later arbitrated, resulting in awards that granted damages for delay and interest at 18% per annum on the total award, EM Deposit, Bank Guarantee and damages. The Principal Subordinate Judge, applying the rule…

The Gujarat Agro Industries Co. Ltd. owned properties in Ahmedabad and were served with property tax demand notices. It appealed the assessments under Section 406(1) of the Bombay Provincial Municipal Corporations Act, 1949, which requires the appellant to deposit the disputed tax before the appeal is heard. Section 40…

The Indian Heritage Society filed a public‑interest writ in the Bombay High Court seeking to quash permissions granted to the Bombay Municipal Corporation for constructing a new public toilet block near the Gateway of India and to demolish an existing block. The High Court dismissed the petition, holding that the facil…

The Supreme Court examined whether the Madras Port Trust, a statutory body under the Major Port Trusts Act, 1963, should be treated as a "dealer" under the Tamil Nadu General Sales Tax Act, 1959 and thus liable to sales tax on sales of unclaimed and unserviceable goods. The State of Tamil Nadu and the Commercial Tax Of…

The appellant, S.S. Sodhi, entered into a construction contract with the State of Punjab and disputes arose, leading to arbitration. The arbitrator first issued an interim award on 26 November 1992 for Item No. 1 and later a final award on 28 January 1994 covering the same item. Both awards were sought to be made the r…

Therakhatoon purchased land in 1966 and later alleged that her neighbour, Slambin Mohammad, illegally occupied part of it and constructed two rooms in 1967. After a delay of several years, she filed a suit for possession, injunction and damages, which was initially dismissed by the trial court, reversed by an appellate…

The respondent, a partner in an industrial undertaking, claimed exemption of a parcel of land under Section 81(1)(k) of the Kerala Land Reforms Act, 1963, on the ground that it was set aside for industrial use. The District Collector later issued a notice requiring the land to be put to actual industrial use by a speci…

Jiwan Dass and Mittar Pal Yadav, employees of the Government Heat Treatment Centre, were authorized to procure 10,000 litres of light diesel oil from Indian Oil Corporation. The diesel delivered was short by 4,300 litres. The prosecution charged both under Section 409 of the IPC for criminal breach of trust. The Suprem…

Samishta Dube was appointed as a typist/clerk in the City Board, Etawah on 15‑12‑1987 and terminated on 12‑04‑1988 after 3 months 27 days of service. She raised an industrial dispute under Section 4‑K of the U.P. Industrial Disputes Act, 1947. The Labour Court held that while the termination was not invalid, the "last …

Mr. Nand Lal Balwani, an advocate enrolled with the Bombay Bar Association, shouted slogans and hurled his shoe in an open court, thereby interrupting the proceedings. He was informed that his conduct was intended to intimidate the court and was charged with contempt. Balwani filed an affidavit admitting his intemperat…

Sadh Singh was convicted by a General Court Martial under Section 302 IPC and Section 69 of the Army Act for murder and sentenced to life imprisonment. He had served 11 years and 1 month in actual custody, 1 year 7 months 29 days in pre‑trial detention and had earned a remission of four years, which the Punjab and Hary…

The appellants, untrained assistant teachers in Bihar, were terminated and later appointed on 4 October 1994 under directions of the Supreme Court and the High Court that vacancies existing before 1 January 1992 be filled and that such appointees be paid arrears from 1 July 1992. The appellants claimed arrears of salar…

The Indore Development Authority conducted a public auction of a government land parcel; the appellant, Malik Brothers, was the highest bidder but failed to pay the balance, leading to forfeiture of the premium. The appellant challenged the forfeiture and the Authority referred the dispute to an arbitrator, who awarded…

In the 1995 Puri Assembly election, both the appellant, Sri Uma Ballav Rath, and respondent No. 1 filed nomination papers as Janata Dal's official candidates. The Returning Officer, unable to determine the official candidate, treated both as independents and allotted different symbols. After a representation by Janata …

The appeal involved two convicted persons: the first under Section 326 of the IPC (a non‑compoundable offence) and the second under Section 324 IPC (compoundable with court permission). Both parties sought to compound the offences after reaching a settlement. The Supreme Court held that Section 320(9) of the CrPC bars …

Miss Sardar Construction Co. entered into a works contract with the State of Gujarat and an arbitration award was made before 1 January 1994, the date on which the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 came into force. The award had not become final when the Act became operative. The pe…

The case concerned the estate of the late R. Rosaiah, whose widow Lakshmamma (L) had been granted a life interest in his properties under a compromise decree. L later remarried in 1953 and attempted to adopt a boy as the heir of her first husband, which the trial court rejected. The principal questions were whether L's…

The Supreme Court examined appeals arising from the Delhi High Court’s order on the appointment of Assistant Engineers (Civil) in the Municipal Corporation of Delhi. The Court held that respondents could challenge adverse findings of the High Court even without filing a separate appeal. It clarified that the two‑year p…

Ram Doss purchased a building that was occupied by K. Thangavelu, who refused to acknowledge him as landlord and stopped paying rent. The Rent Controller, after examining the sale deed and rent accounts, held that a landlord‑tenant relationship existed and ordered eviction; the tenant's appeal was dismissed. The High C…

The appellant, a partner in a firm, filed a criminal complaint alleging offences under Sections 405, 406 and 408 IPC against two former partners. A civil suit for dissolution of the partnership and accounts was simultaneously pending. The respondents moved the Punjab & Haryana High Court under Section 482 of the Cr.P.C…

The State of Rajasthan transferred research staff of its Directorate of Agriculture to the University of Udaipur (now Rajasthan Agricultural University) by an order dated 27‑12‑1975, protecting their existing pay and scale. Subsequent revisions of pay scales merged dearness allowance into basic pay for Government serva…

The appellants, promoters of an apartment complex, sold a flat to the respondent’s minor daughter for Rs. 2,10,000 and delivered possession in September 1985 but failed to execute a sale deed. The respondent filed a complaint under the Consumer Protection Act, 1986 on 19 June 1992 seeking specific performance and compe…

The case concerned promotion of clerks to Assistant/Senior Assistant in Punjab. The 1984 Rules required passing an examination for promotion, but a 1991 notification exempted clerks with 18 years of service from the exam under Rule 12. This created two groups – exemptees and qualifiers – leading to disputes over vacanc…

The appellant, S. Thangappan, was a tenant of premises used for an automobile workshop. The respondent, P. Padmavathy, filed an eviction petition under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging non‑payment of rent from October 1982 to May 1983, the need for demolition and reconstruction, and…

The appellant, K. Narendra, entered into a 1972 agreement to sell a 4,000 sq m plot to Riviera Apartments (P) Ltd for Rs 8,97,740, contingent on the buyer obtaining various governmental sanctions for a multi‑storey project. The buyer failed to secure the required approvals, part of the land was later declared excess un…

The Rajasthan Judicial Service Officers Association filed a writ petition seeking a higher dress allowance and a kit‑maintenance allowance for judicial officers, challenging the State’s notification of a Rs 1,500 allowance every three years. The Rajasthan High Court directed the State to pay a lump‑sum of Rs 8,500 and …

The workmen of Birla Textiles filed a contempt petition alleging that the management willfully disobeyed the Supreme Court's order in MC Mehta v. Union of India directing the shift of the factory to Baddi and the grant of certain benefits. The Court found that the factory was not fully functional and only 937 workmen c…

The appellant was intercepted at New Delhi Railway Station with a loaded revolver and two passports – one Indian and one Pakistani – and was charged under Section 12 of the Passport Act, 1967 and Section 5 of the Terrorist and Disruptive Activities (Prevention) Act (TADA). The Supreme Court held that Section 12(1)(a) r…

The appellant, Kochunju Nair, claimed Kudikidappukaran status under the Kerala Land Reforms Act, 1963, asserting that the land he possessed (27.5 cents) was held in co‑ownership with his wife and minor son and therefore should not be counted against the ten‑cent limit for a homestead. The Kerala High Court Full Bench h…

The assessees operated large‑scale poultry hatcheries and claimed that they were industrial undertakings engaged in the manufacture or production of "articles or things" and therefore eligible for investment allowance under s.32A and deductions under ss.80HH, 80HHA, 80I and 80J of the Income Tax Act, 1961. The Revenue …

The State of Orissa issued a notification on 31 August 1976 grouping various municipal posts into a single cadre under Section 81 of the Orissa Municipal Act, 1950 and Rule 3(2) of the Service Rules, resulting in transfers of the respondents between octroi and general sections. The respondents challenged the notificati…

The Industrial Coal Enterprises (respondent) established a small‑scale manufacturing unit in Uttar Pradesh with a capital investment below Rs. 3 lakh and obtained sales‑tax exemption under Section 4‑A of the U.P. Sales Tax Act, 1948, effective from 9 August 1985. The unit later shifted to its own premises, raising its …

The appellant, a neighbour of a parcel of land, claimed a right of pre-emption under sub‑clause (3) of Section 16 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, after the land was gifted by his brother (the third respondent) to his sister (the fifth respondent) on 11 May…

The father of the appellant executed a 1935 will granting his house to the respondent after the death of his wife, Bhagwati Bai, who was given a life interest in lieu of maintenance. In 1962 Bhagwati Bai executed a gift deed transferring the house to her daughter, the appellant. The respondent sued to declare the gift …

In the Kerala Legislative Assembly election for Kunnathunadu, respondent No.1 was declared elected by a margin of 60 votes. The appellant filed an election petition alleging double voting, impersonation, and that about 300 votes were cast using a wrong instrument for marking ballot papers, seeking a recount. The High C…

The Union Bank of India issued a bank guarantee for Dany Dairy & Food Engineers Ltd., which was later invoked by Seppo Rally OY, a Finnish company. Payment under the guarantee was delayed because the bank had to obtain permission from the Reserve Bank of India to remit the amount in foreign exchange and because of a la…

The assessee, COTSPUN Ltd., manufactured NES yarn and had its classification list approved under Rule 173B of the Central Excise Rules, 1944. The Excise authorities later issued show‑cause notices to reopen the assessment for certain periods and re‑classified the yarn, demanding differential duty. The Assistant Collect…

The State of Manipur reconstituted its State Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974, appointing a Chairman whose three‑year term was to end on 4 May 1998. After the Chairman resigned, Chandam Manihar Singh was nominated on 16 October 1996 to fill the casual vacancy. He w…

The appellant challenged the Government's Office Memorandum dated 22 August 1990 which changed the period for restoration of a commuted pension from "date of retirement" to "date of commutation". The appellant argued that the Supreme Court in Common Cause v. Union of India had fixed the 15‑year period from the date of …

Resham Singh, the landlord, let a shop to Raghbir Singh who later became involved in criminal proceedings and absconded. Raghbir allowed his brother Kuldeep Singh to look after the premises, leading the landlord to file an eviction petition under the East Punjab Urban Rent Restriction Act alleging sub‑letting and rent …

The accused were convicted of murder and related offences by a Sessions Court, which then scheduled a hearing on sentence. The accused failed to appear, leading the trial court to issue non‑bailable warrants. Instead of filing a statutory appeal, the accused filed a petition under Section 482 of the Criminal Procedure …

The appellants, District and Sessions Judges serving in the Union Territory of Goa, claimed that their pay should have been increased in line with the raise granted to their counterparts in the Union Territory of Delhi in 1982. The High Court dismissed their writ petition, holding that they had not proved the nature of…

The Oil and Natural Gas Commission (ONGC) appealed a decree based on an arbitral award that required M.C. Clelland Engineers to pay the principal amount plus interest at 12% and an additional interest on that interest. The appellant argued that the arbitrators had no power to award interest on interest under Section 3 …

The case concerned a bungalow and land in Sagar Cantonment that were recorded in the General Land Register as held on an "old grant" basis. The respondents purchased the property through four sale deeds, later amending the description from lease‑hold to old‑grant, and began construction without obtaining the required p…

The Supreme Court considered two appeals – one by Universal Plast Ltd. (UPL) and another by Guntur Merchants Cotton Press Co. – challenging High Court rulings that licence fees and rent received from leasing out a factory, godowns and machinery were not business income under the Income Tax Act, 1961. Both appellants ha…

Premier Cable Co. Ltd installed machinery in the previous year relevant to assessment year (AY) 1967‑68 and, under sections 33 and 80J of the Income‑Tax Act, was entitled to carry forward unabsorbed development rebate for eight assessment years and unabsorbed deduction for four assessment years. The company altered its…

Diueet Singh was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) after customs seized a large amount of foreign currency. The State Government sent a report under Section 3(2) to the Central Government, which was considered by the Joint Sec…

The appellants, SAMPURNAN SINGH and others, purchased land in 1959 that had been orally mortgaged in March 1893 for Rs. 53. The mortgagee rights were sold to the respondents on 11 January 1960. The appellants filed a suit in 1980 seeking possession by redemption, but the respondents contended the suit was barred by lim…

The appellant, Wali Mohammed Khan (by legal representatives), claimed possession of a house built in a graveyard that was originally permitted for conducting Fateha and providing tobacco to Fakirs. The permission created a public Wakf, making the house an accretion to the Wakf property and placing the appellant and his…

The appellant, Bhaskar, was tried before a Designated Court under the Terrorist and Disruptive Activities (Prevention) Act (TADA) for offences under Sections 302 and 120B of the IPC, Section 4 of the Tamil Nadu Public Property Act and Sections 3 and 5 of TADA. While the trial was pending, the TADA Act expired and the D…

The Central Bureau of Investigation sought clarification and modification of the Supreme Court's directions in Raj Deo Sharma I, which prescribed time limits for closing prosecution evidence to enforce the right to a speedy trial under Article 21. The Court held that the directions are prospective, that periods of dela…

The appellants claimed ownership of several plots recorded in the name of their predecessor, Hira Lal, while the respondents asserted that the land was "sir" and "khudkasht" of their predecessor, Hansraj, who had mortgaged the plots to Hira Lal in 1920. After the Uttar Pradesh Zamindari Abolition and Land Reforms Act, …

The accused Rajendran, a jobless alcoholic, was alleged to have strangled his wife and set fire to their hut, resulting in the deaths of his wife and two daughters. The trial court, relying on a series of corroborative circumstantial facts – including repeated quarrels, the accused’s presence in the house at the time o…

The State of Maharashtra detained Jayendra Vishnu Thakur under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on 5 February 1992 based on customs statements that silver smuggled from Dubai was intended for him. The detention order was served only on 13 August 1993, afte…

The Airports Authority of India (AAI) sought permission to install hot‑mix plants within the vicinity of Indira Gandhi International Airport to resurface its runways, arguing that the work is of national importance and that distant plants would compromise the quality of the mix and airport security. Environmental group…

The appellant wife filed a petition under Section 125 of the Criminal Procedure Code seeking maintenance, alleging that her husband, who had sufficient means, had neglected and refused to maintain her and was living with another woman. The husband contended that the wife could not prove a second marriage under Section …

The respondents imported goods that were exempt from basic customs duty under a notification issued under Section 25(1) of the Customs Act when the goods entered Indian territorial waters and were stored in a bonded warehouse. When the goods were later removed from the warehouse, the exemption was withdrawn and the res…

The plaintiff, legal representatives of the deceased Brij Raj Singh, sued the defendants for possession of land on the basis of a registered gift deed dated 18‑Jan‑1961, executed by the donor Kanwar Chander Raj Saran Singh and presented for registration by a duly authorised attorney. The trial court held the deed valid…

The State of Rajasthan, under the Rajasthan Sales Tax Act, 1954, issued an incentive scheme in 1987 exempting new industrial units, including oil extraction and manufacturing, from sales tax. In 1990 the State withdrew this exemption for oil industries by a notification issued under both the Rajasthan Sales Tax Act and…

The appellants, sons of the last Zamindar of the impartible Punganur Estate, filed suits for partition alleging that alienations made by their father before the estate was taken over by the Government under the Madras Estate (Abolition and Conversion into Ryotwari) Act, 1948 were not binding. The trial court upheld som…

Dr. Uma Agrawal, a medical officer of the Uttar Pradesh Government, retired on 30 April 1993 but did not receive her gratuity, provident fund, pension and other retirement benefits until 18 November 1995. She filed a writ petition under Article 32 seeking payment of the delayed benefits and penal interest. The Court ob…

Ferro Alloys Corp. Ltd (FACOR) sought a mining lease for chromite in Sukinda Valley after the Central Government, following a high‑power expert committee (Sharma Committee), reduced the area previously granted to Tata Iron & Steel Co. (TISCO). The Committee assessed the needs of all claimants, including FACOR, and the …

The case arose from a long‑standing rivalry between two neighbouring families over stone slabs that blocked drainage. On 5 October 1984, after a morning altercation in which the appellant's faction slapped the deceased's father, the deceased Natarajan and his brother either pursued the appellant (prosecution version) o…

V.S. Achuthanandan, a defeated CPI(M) candidate, filed an election petition against the winning candidate P.J. Francis alleging corrupt practices and illegalities in ballot counting. The Kerala High Court dismissed the petition under Section 83 of the Representation of the People Act read with Order 7 Rule 11 of the CP…

Om Prakash, a 23‑year‑old BSF constable, was convicted of murdering seven members of a rival family in a pre‑meditated attack stemming from a long‑standing land dispute. The trial court sentenced him to death, which the High Court upheld. On appeal, the Supreme Court examined whether the case qualified as a "rarest of …

The Supreme Court examined the interpretation of the 6:1:2 quota rule for promotion to Group A posts in the Indian Customs and Central Excise Service, which allocates vacancies among three feeder categories. Petitioners argued that the ratio must be maintained at all times and that vacancies created by retirement of a …

The Supreme Court heard a public‑interest litigation filed against the State of Jammu and Kashmir concerning the conduct of the annual Amarnath Yatra. The Delhi High Court had directed the State to keep the Balta route permanently open, akin to the Vaishno Devi route, and to improve the traditional Pahalgam route. The …

The Supreme Court examined a murder case where Sanjiv Kumar was seen entering and exiting the victim's house with a knife, was found with blood‑stained clothes, and a knife bearing human blood was recovered from his residence. The prosecution relied on circumstantial evidence, including the recovery of blood‑stained cl…

The General Insurance Corporation of India, a wholly government‑owned insurer, set aside a sum for redemption of preference shares and debited it to its profit and loss account in accordance with Rule 2(2)(a) of the General Insurance Business (Nationalisation) Rules, 1973. The Income‑Tax Officer treated the amount as r…

In the Bihar Legislative Assembly election, Chandra Kishore Jha filed an election petition challenging Mahavir Prasad's election. The petition was handed to the Bench Clerk on 16 May 1995, the last day of the 45‑day limitation period, but the designated election judge and the bench hearing civil matters were unavailabl…

The appellants, Rammi alias Rameshwar and Bhura alias Sajjan Kumar, were charged with murder of Sardar Singh Thakur inside a moving bus, allegedly as revenge for a prior killing. The prosecution relied on the testimony of the bus driver, the conductor, and a passenger, as well as weapons recovered under Section 27 of t…

Nandanam Construction Co., a builder of flats and houses, purchased raw materials such as sand, bricks and granite from unregistered dealers. The Assistant Commissioner of Commercial Taxes issued notices requiring the company to disclose details of these purchases under the Andhra Pradesh General Sales Tax Act, 1957. T…

Boddu Narayanamma, the landlady, sought eviction of Sri Venkatarama Aluminium Co. and its partners who occupied a building in Rajahmundry under a composite lease containing both residential and non‑residential portions. The Rent Controller dismissed the petition, holding the landlord's requirement was not bona fide and…

The case concerned employees of the Central Administrative Tribunal (CAT) who were recruited under Rule 5(1) of the CAT (Group B and C Miscellaneous Posts) Recruitment Rules, 1989 and were absorbed on the same day. A dispute arose whether their inter‑se seniority should be measured from the date of deputation to the CA…

The State of U.P. prosecuted Dharmendra Singh and Narendra for the pre‑meditated murder of five members of a complainant’s family, including children and an elderly man, after a personal grievance and an attempted molestation. The trial court convicted them under Section 302 IPC and sentenced them to death, calling the…

The petitioners, teachers in Haryana, claimed that acquiring post‑graduate qualifications entitled them to the higher pay scales of lecturers without being appointed as lecturers, relying on Government circulars of 1957 and 1968. The High Court, agreeing that the matter was covered by the Full Bench decision in Bhagwan…

The petitioners, Jain Brothers, who import automobile spare parts, challenged Section 3(2) of the Customs Tariff Act, 1975, on the ground that including customs duty in the valuation of imported goods for the purpose of levying an additional duty equal to excise duty was unconstitutional and ultra vires. The Supreme Co…

The Supreme Court examined a batch of appeals concerning searches under the Narcotic Drugs and Psychotropic Substances Act, 1985. It held that an empowered officer must inform a suspect of his right to be searched before a Gazetted Officer or Magistrate, and that this duty is imperative, not merely directory. Failure t…

The appellant entered into a construction contract with the respondent that contained clauses making the decisions of the Executive Engineer and the Managing Director final and binding on the parties. Disputes arose over payments and work, and the appellant sought appointment of an arbitrator under Section 8 of the Arb…

The appellant, Anil R. Deshmukh, filed an election petition challenging the election of Onkar N. Wagh to the Maharashtra Legislative Assembly, alleging corrupt practices. The petition required an affidavit under the proviso to Section 83(1)(c) of the Representation of the People Act, 1951. The initial copy of the affid…

The appellant G. Puttaswamy was declared elected after a recount ordered by the Returning Officer, which the respondent H.D. Revanna challenged, alleging that the recount violated Rule 63 of the Conduct of Election Rules, 1961 and that the appellant committed corrupt practices under Sections 100 and 123 of the Represen…

State Bank of India filed a suit for recovery of money against Y. Venkateswara Rao, obtaining a preliminary decree in its favour which was upheld by the District Court. After the decree, Section 21-A was inserted into the Banking Regulation Act, 1949 by the Banking Laws (Amendment) Act, 1984, prohibiting courts from re…

Rajasthan State Mines and Minerals Ltd. entered into a turnkey contract with Eastern Engineering Enterprises that contained clauses fixing the rate of payment and expressly prohibiting any extra claims. The contractor later claimed escalation and other additional payments, which the arbitrator allowed in a non‑speaking…

The Supreme Court examined two civil appeals arising from a dispute over a 1956 agreement to sell land and rent it, where the plaintiff sought specific performance. The High Court had set aside the trial and district court judgments, dismissed the plaintiff's suit for ejectment and decreed specific performance, relying…

The Delhi Administration issued a Section 4(1) notification in 1980 for 50,000 bighas of land and a Section 6 declaration in 1985. Several writ petitions challenged the declaration; a Full Bench upheld it, but a Division Bench later quashed the Section 6 declaration on 18‑Nov‑1988. A subsequent writ petition (23‑Apr‑19…

The petitioner, Ador Samia Private Ltd., filed a Special Leave Petition under Article 136 of the Constitution challenging an order of the Chief Justice of the Bombay High Court that appointed an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The central issue was whether such an appointme…

The Supreme Court examined whether the Central Government could, under Section 99(2) of the Multi State Co-operative Societies Act, 1984, grant an exemption to an individual – the President of the National Cooperative Union of India (NCUI) – from the personal disqualifications imposed by Sections 36 and 37 of the Act. …

Allahabad Bank and other banks appealed against the Calcutta High Court's confirmation of a sale of Bengal Paper Mills' assets by the Official Liquidator. The sale, valued at Rs. 1.5 crore and later raised to Rs. 2 crore, was conducted with limited newspaper advertisements, without disclosing the valuation report, and …

The appellant, P.K. Gupta, purchased a shop‑godown from Narain Prasad and sued the tenant, R. Nagdeo, for eviction under the Madhya Pradesh Accommodation Act for default in rent. The tenant contended that the sale deed was a benami transaction, alleging that the appellant was merely a name‑lender for his father, Pyarel…

The Apparel Export Promotion Council dismissed A.K. Chopra, a private secretary, for repeatedly attempting to molest a junior female employee, Miss X, by making unwelcome sexual advances and trying to touch her despite her objections. A departmental enquiry found the conduct amounted to sexual harassment and ordered hi…

The Secunderabad Hyderabad Hotel Owners Association challenged the increase in trade licence fees for lodging houses, hotels and related establishments imposed by the Hyderabad Municipal Corporation under Section 622 of the Hyderabad Municipal Corporation Act, 1955, through orders dated 6 April 1981 and 25 July 1992. T…

V.C. Perumal, a directly recruited police officer, challenged the year his name was placed on the select list for promotion to the Indian Police Service, arguing it should have been in the 1977 list rather than the 1978 list. The Court examined Regulation 5 of the IPS (Appointment by Promotion) Regulations, 1955, which…

Utkal Commercial Corporation entered into a contract with Central Coal Fields Ltd to supply alumina ferric, which expired in August 1975. A dispute arose and the appellant served a notice on 12 September 1976 demanding the respondent concur in the appointment of an arbitrator under Section 8 of the Arbitration Act, 194…

The plaintiff, Cheriyan Sosamma, held a usufructuary mortgage over a property that had earlier been leased to her husband Abraham Cherian. After the husband's death, the landlord sought redemption of the mortgage, claiming that the lease merged with the mortgage and thus the lessee's rights were extinguished. The Supre…

Three SC clerks of the Madhya Pradesh Transport Department were appointed as Transport Sub‑Inspectors through a limited direct recruitment exam that gave a 10% relaxation in the required 50% passing marks, allowing them to pass with 40%. The exam was conducted only among SC/ST candidates for reserved posts, and another…

The appellants, landlords, sued the tenant (R‑1) and his alleged sub‑tenants (R‑2, R‑3) for eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, alleging non‑payment of rent, unlawful sub‑letting and other grounds. The trial court dismissed the suit; the appellate court ordered eviction of …

The State of Himachal Pradesh charged Tara Dutt and others under IPC sections 468, 420, 120‑B and the Prevention of Corruption Act for forging receipts in 1983. The charge‑sheet was filed in 1987 and cognizance was taken the same year. The Special Judge acquitted them of the charged offences but convicted them under se…

The landlord (Davis) owned a building where he ran a hotel‑bar and sought eviction of his tenant (Sebastian), who operated a provision shop, under Section 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965, claiming a bona‑fide need for additional accommodation for a jewellery and textile business. The te…

The appellant insurer issued a policy that covered only goods permissible under the Motor Vehicles Act, 1988. The respondent was transporting 15 barrels of ether solvent, which the Court held to be synonymous with ethyl ether, a hazardous substance listed in Table III of Rule 137, Central Motor Vehicles Rules, 1989. Th…

The Andhra Pradesh Wakf Board filed a suit in 1973 to recover possession of a 48½‑cent parcel of land that had been granted as a service Imam plot to the Paish Imam of a mosque and subsequently alienated through several sales. The trial court allowed the suit, but the High Court dismissed it on the ground that the clai…

The appellant, a senior general‑category employee, was passed over for promotion to the single post of Head of Section (Ceramics) in a government polytechnic, where a junior Scheduled Caste employee was appointed on the basis of a reservation roster. The Karnataka Administrative Tribunal upheld the appointment, holding…

Lokmat Newspapers introduced photo‑type composing machines, rendering hand‑composing workers surplus. It issued a notice under Section 9‑A of the Industrial Disputes Act on 25 March 1982, after the machines were already in operation, and initiated conciliation proceedings which were closed at 4:35 pm on 22 June 1982. T…

The respondent was appointed as Assistant Manager on a one‑year probation and, after being granted leave, failed to report for duty despite notices. The employer issued a one‑sentence order dated 30 November 1994 terminating her services, using the term 'Barkhast' (dismissed). The respondent challenged the termination,…

The case involves the double murder of Ram Lal and his mother Gamni in a Rajasthan village. The trial court convicted six accused, including Teja Ram and Ram Lal, based on dying declarations, eyewitness accounts, and the recovery of blood‑stained axes. The Rajasthan High Court set aside the convictions, rejecting the d…

Rabindra Kumar Nayak, an advocate, was provisionally appointed as Assistant Public Prosecutor under the Orissa Law Officers Rules, 1971 and CrPC, 1973. While holding this post he was elected as a member and subsequently as Chairman of Moroda Panchayat Samiti. A rival candidate filed a petition under Section 45‑B of the…

M. Krishna, a Class‑I officer of the Karnataka Administrative Service, was investigated in 1989 for possession of disproportionate assets under the Prevention of Corruption Act, 1988, resulting in a ‘B’‑form that was accepted by a Special Judge and his attached properties were released. In 1995 a fresh FIR was lodged a…

Ranjit Singh, a stenographer of a High Court judge, forged a bail order that was never signed by the judge to obtain bail for an accused. He was convicted under IPC Sections 466 and 468 for making a false document and for forgery of a court record, while the Sessions Court granted him probation under Section 4 of the U…

The Supreme Court examined a suit filed in 1968 for redemption of a mortgage executed in 1934 over agricultural land in Mandsaur. The Court held that the suit was time‑barred under Section 275 of the Qanoon Ryotwari Gwalior State Act, which provides a three‑year limitation for redemption suits. It further observed that…

The Supreme Court examined two appeals arising from an order of the Monopolies and Restrictive Trade Practices (MRTP) Commission that restrained Colgate Palmolive India Ltd. from using the phrase "Suraksha Chakra" in its Colgate Dental Cream advertisements. The Commission had granted a temporary injunction under Sectio…

The appellants, shop‑keepers leasing commercial premises in Chandigarh, challenged a steep increase in rent from Rs.2,671 to Rs.14,000 per month, arguing that the Union Territory lacked jurisdiction because the Central Government had not framed rules under the Capital of Punjab (Development and Regulation) Act, 1952. T…

K. Ramakrishnan Unnithan was charged with offences arising from a violent altercation that culminated in the stabbing death of Kesava Pillai, the father of a witness. The trial court acquitted him, finding the prosecution had not proved the case beyond reasonable doubt. The Kerala High Court reversed the acquittal, con…

The appellant, a Tehsildar, was ordered by the District Collector to recover lease money from the respondent and, after issuing a demand notice, seized the respondent's scooter when the latter objected to the demand. The scooter was auctioned and the respondent filed a complaint under IPC s.379 alleging theft. The Tehs…

Sirpur Paper Mills made contributions to an approved superannuation fund amounting to Rs 2,70,911 for the current year and Rs 2,14,785 for the preceding five years. The assessing officer allowed a deduction of only 80% of the contributions and spread it over five years, relying on a Central Board of Direct Taxes notifi…

Stonecraft Enterprises, an exporter of granite, claimed a deduction under Section 80HHC of the Income Tax Act, 1961, which allows a deduction of up to 50% of profits from export of goods, but excludes "mineral oil, minerals and ores". The Tribunal held that granite is a mineral and therefore excluded, rejecting the ded…