Judgments of 1999

The appellants, Dharampal and his brother Nirmal, murdered five members of the family of Punam, a witness who had testified against Dharampal in a prior rape case. After being granted bail following his conviction for rape, Dharampal, who had previously threatened to kill anyone giving evidence, carried out the killing…

The Delhi Bar Council suspended advocate Pritam Singh for three years in 1984. He continued to practice during the suspension, using the alias "P.S. Madan", and had concealed a prior conviction under the Narcotic Drugs Act at the time of his enrolment. The complainant, Sardul Singh, filed a complaint leading the Delhi …

Bharat Barrel and Drum Manufacturing Co. sued Amin Chand Peyarelal for recovery of a Rs. 6,20,000 promissory note dated 11 October 1961. The defendant claimed the note was executed as collateral security for an import contract and that no consideration was received, while the plaintiff asserted it was a loan. The High …

Savitri Devi filed a civil suit against her four sons for maintenance and a charge over ancestral property, and the court issued an interim injunction restraining any alienation of the suit property. The first son subsequently sold one‑fourth shares of three parcels to three third‑party purchasers (respondents 3‑5). Th…

The Karnataka State Road Transport Corporation entered into a 1988 settlement with the KSRTC Staff and Workers Federation granting a Pay Roll Check‑Off facility for union subscriptions. Although the union’s recognition expired in July 1996, no fresh referendum was held. In May 1993 a Memorandum of Understanding was sig…

Ram BAI's land was acquired under the Land Acquisition Act, 1894 and she received compensation which was later enhanced with solatium and interest by a civil court, a decision affirmed by the High Court. She disclosed the interest as income in a return filed under Section 139(4) of the Income Tax Act, 1961, but the Inc…

The appellant, a truck driver, was originally convicted of murder under Section 302 IPC for allegedly crushing the deceased with his truck. On appeal, the Supreme Court examined the reliability of three eye‑witness statements, noting material omissions and the three‑day delay in recording them under Section 161 Cr.P.C.…

The petitioners, cement manufacturers in Gujarat, challenged a Rajasthan notification under Section 8(5) of the Central Sales Tax Act that reduced the inter‑state sales tax on cement to 4% and dispensed with the Form‑C/Form‑D requirement. They argued that the reduction created a local preference, hindered free trade un…

The Uttar Pradesh Entertainment and Betting Tax Act, 1979 was amended in 1992 to permit cinema owners to levy an extra maintenance charge under Section 3A, but a proviso barred those receiving a government grant‑in‑aid from imposing this charge. Several cinema owners challenged the proviso as violative of Article 14 of…

The appellants, sugar manufacturers Arooran Sugars Ltd. and E.I.D. Parry (I) Ltd., challenged assessments that included planting subsidies and transport charges in their taxable turnover under the Tamil Nadu General Sales Tax Act, 1959. They argued that the subsidy agreements were independent of the sale contracts and …

The case concerns the murder of informer Khalil during a police chase of three boys, where appellants Mohd. Anwar and Tasleem were convicted under Sections 302, 307, 34 of the IPC and Section 5 of the TADA Act. The prosecution relied on eyewitness testimony, seizure of Anwar's .32 bore revolver and Tasleem's pistol, an…

The appellant Kishori was convicted for the murder of three Sikh brothers during the 1984 anti‑Sikh riots, based on eye‑witness testimony that identified him as a member of the unlawful assembly who used a knife to kill the victims. The High Court upheld the conviction and imposed the death penalty, deeming the case a …

During the 1984 anti‑Sikh riots in Delhi, four Sikh brothers were dragged from their home, doused with petrol and set ablaze in front of their mother, Harbai. The accused, Jaggu and Mannu, were convicted under IPC sections 302, 396 and 149 and sentenced to death by the trial court, a decision affirmed by the Delhi High…

The Delhi Development Authority (DDA) sold a plot to Skipper Construction Co., which defaulted on payments and subsequently sold space in the proposed building to far more buyers than the available units, many of whom paid large sums. DDA re‑entered the plot, sold it to a third party, and was ordered in 1996 to reimbur…

Manohar M. Galan filed criminal complaints alleging that Kishore Keswani had lodged false FIRs against him and his family, leading to their arrest. A social activist filed a public interest petition (PIP) in the Gujarat High Court, which directed an inquiry into alleged scandal in a subordinate court at Dakor. While th…

The appellants, employees of Swatantra Bharat Mill, were charged and suspended in 1986 while an industrial dispute was pending before the Industrial Tribunal. The management filed an application under Section 33(1) of the Industrial Disputes Act, 1947, seeking permission to dismiss the employees after the enquiry. The …

The landlord leased a premises under a single lease deed covering Door No.27, which later acquired an additional number (Door No.28) after a road split the property. The tenant constructed structures on both doors, claimed ownership of the structures, and paid rent only for the land, leading the landlord to sue for eje…

The respondent, Samir K. Sarkar, applied for a compassionate appointment after his father, an employee of the West Bengal State Electricity Board, died within two years of his scheduled superannuation. The Board rejected the application citing an office order dated 15 March 1993, which imposes an embargo on appointment…

Northern Plastics Ltd imported 59 rolls of photographic colour film in January 1989. Customs authorities detained the goods, alleging mis‑declaration and denial of exemption, and on 14 September 1989 ordered their confiscation. While the matter was pending before the Supreme Court, the customs department sold the goods…

The Chairman of Trisuns Chemical Industry filed a complaint before a Judicial Magistrate of First Class in Gujarat alleging that the respondents, directors of a company in Madhya Pradesh, cheated them by supplying inferior toasted soybean extracts after taking advance payment. The magistrate forwarded the complaint to …

Gurdeep Singh was convicted under Sections 302, 324 IPC, the Explosive Substances Act and the Indian Explosive Act for a bomb blast that killed three persons. The sole basis of the prosecution was his confessional statement recorded under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) bef…

Bharat Carbon and Ribbon Manufacturing Co. manufactured carbon paper, which was later classified as coated paper under Item 17(2) of the Central Excise Tariff, leading to a demand for excise duty for the years 1976-77, 1978-79 and 1979-80. The company challenged the levy by filing a writ petition but claimed a deductio…

The appellant, P.A. Ahmed Ibrahim, contracted with the Food Corporation of India (FCI) for loading, unloading and transport of foodgrains from 1973 to 1975, the agreement containing an arbitration clause. In 1978 the appellant sued FCI for recovery of pending dues, while FCI filed a petition under Section 20 of the Arb…

The Transmission Corporation of A.P. Ltd. (the assessee) paid large sums to non‑resident companies for purchase, erection and commissioning of plant equipment between 1966‑67 and 1972‑73 without deducting tax at source under Section 195 of the Income‑Tax Act, 1961. The Income‑Tax Officer levied tax under Section 195, b…

The deceased Smt. Sulochana was allegedly burnt and later died; she gave an oral dying declaration on 6 November naming the appellant and his family, and a later statement before a magistrate on 11 November that did not name any accused. The police investigation found no sustainable evidence, leading the trial court to…

The appellant Dandu Lakshmi Reddy and his mother were convicted of murder under Sections 302 and 34 IPC based solely on two dying declarations of the deceased, which contained a material discrepancy regarding the circumstances of the fire. The Supreme Court examined the reliability of dying declarations, noting that th…

The appellant, Maktool Singh, challenged the conviction and sentence imposed under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, seeking suspension of the sentence pending appeal. The High Court refused suspension, prompting an appeal to the Supreme Court. The Court examined whether Section 32A of th…

Vidyadhar, the plaintiff, bought land from Defendant No.2 who had earlier executed a document styled "Kararkharedi" in favour of Defendant No.1, claiming it to be a mortgage by conditional sale. The plaintiff sued for redemption of that mortgage or specific performance, while Defendant No.1 contended that the document …

The testator S.P. Sadanandan bequeathed specific property to his two sons and appointed his wife, elder son and a chartered accountant as executors. After the chartered accountant relinquished, the widow and elder son remained as joint executors and obtained probate. The elder son executed a possessory mortgage of the …

Kasturi and Sons Ltd., a newspaper publisher, bought an aircraft for Rs.3,31,455 and insured it for Rs.4,00,000 with a clause allowing the insurer to replace the aircraft in case of loss. After the aircraft was destroyed, the insurer exercised the option and supplied a new aircraft costing Rs.3,50,000 plus Rs.25,000 ex…

The petitioners, a mother and father, applied to the Reserve Bank of India for relief bonds in their minor son's name, with the mother signing as guardian. RBI rejected the application, insisting on the father's signature or a guardianship certificate, relying on Section 6(a) of the Hindu Minority and Guardianship Act,…

On July 23, 1996 a FIR was lodged under IPC sections 366A, 372, 376 and 344 r/w 34 and the Immoral Traffic (Prevention) Act based on a victim's detailed statement of exploitation and sexual assault. Five influential accused filed writ petitions in the Kerala High Court seeking quashing of the FIR, and the High Court, a…

The appellants were tried before the Special Judge (Vigilance), Patna, for alleged fraud in obtaining a Rs. 2 crore compensation under the Bihar Land Reforms Act, 1950. They contended that the offences were committed in respect of a document produced before the Compensation Officer and that, under Section 195(1)(b) of …

The Delhi Municipal Corporation (MCD) terminated the services of Prem Chand Gupta, a temporary Section Officer, on 29 April 1966 after he had served continuously for more than 240 days in a calendar year. Gupta raised an industrial dispute; the Labour Court and a High Court Single Judge held the termination was lawful …

The appellant, A.P. Aggarwal, was the second name on a selection panel for the post of Member, Sales‑Tax Appellate Tribunal. After the first appointee resigned within six months, the Central Government, contrary to Office Memorandum No. 39021118/84 dated 14‑May‑1987 and Section 13(4) of the Delhi Sales‑Tax Act, 1975, i…

The landlord of a shop served a notice on 8 October 1972 to enhance rent under Section 5 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, but the tenant received it on 19 October, after the three‑month deadline that expired on 16 October 1972. The tenant refused to pay the enhanced rent…

The Supreme Court examined whether a High Court can itself order the compulsory retirement of subordinate judicial officers. The Orissa High Court had recommended premature retirement of three judges and, in a separate notification, attempted to effect the retirement without a formal order from the State Governor. The …

Y.D. Bagde, a judicial officer of the Maharashtra subordinate judiciary, was charged with corrupt practices and an enquiry officer found the charges not proved, recommending reinstatement. The High Court's Disciplinary Committee disagreed, issued a show‑cause notice and recommended dismissal without giving Bagde a hear…

The Supreme Court considered three interlocutory applications filed by the State of Punjab seeking clarification of its earlier judgments in Ajit Singh (1996) and Virpal Singh (1993) regarding seniority of reserved‑category officers promoted at roster points. The Court held that such roster‑point promotees cannot claim…

The case concerned seniority disputes between reserved‑category candidates promoted by roster and general‑category candidates in the Haryana civil services. The appellants, who were reserved candidates, claimed that circulars issued by the Haryana Government (9‑Feb‑1979 and 10‑Jan‑1997) correctly excluded their seniori…

General‑category officers of the Rajasthan Police Service and Rajasthan Administrative Service filed writ petitions challenging the seniority of reserved‑category officers promoted at roster points, while reserved officers sought to enforce the seniority rules. The Rajasthan High Court modified seniority lists in accor…

The Supreme Court examined appeals by general‑category officers of the Punjab Education Department challenging a Punjab High Court order that had granted promotion to reserved‑category Head Masters/Mistresses as Principals on the basis of roster points. The Court held that the law governing promotion and seniority was …

The appellant, a civil engineer appointed in U.P. Small Industries Corporation, was deputed to U.P. Rajkiya Nirman Nigam Ltd. (the Nigam) in 1985 and completed five years of deputation in November 1990. He exercised his option for permanent absorption in 1987, but the Nigam neither repatriated him nor issued an absorpt…

The case involved the murder of Kanhaiyalal, a member of a rival Gawli faction, for which Ramesh (senior) and others were convicted under IPC sections 302 and 34. The prosecution relied on eye‑witnesses PW1, PW2 and PW4, whose testimonies were corroborated by a doctor’s post‑mortem report. The appellant challenged the …

Tapas D. Neogy, a town planner, was accused of corruptly altering zoning maps to benefit landowners, leading to charges under the IPC and the Prevention of Corruption Act, 1988. During investigation, the police sealed lockers and instructed banks not to allow operation of Neogy's bank account, citing Section 102 of the…

Mis Arosan Enterprises Ltd entered into a contract with the Union of India/FCI for the supply of 58,000 metric tonnes of sugar, stipulating that shipment by 31 October 1989 was the essence of the contract but also allowing the buyer to extend the delivery period at a discount. The buyer cancelled the contract for non‑s…

Petitioners filed a writ petition under Article 32 challenging the Uttar Pradesh Government's failure to act on the Parekh Commission Report on the 1982 Meerut riots, which had been submitted in 1988. The State Cabinet eventually decided to table the report, not take any further action, and consign it to records, citin…

The Supreme Court considered whether the 1995 amendment to Sections 4 and 4A of the Workmen's Compensation Act, 1923, which increased compensation amounts and interest rates, applied to claims arising from accidents that occurred before the amendment’s effective date of 15 September 1995. Relying on the earlier decisio…

Padmasinhji Bajirao Patil and others challenged the constitutional validity of Section 144‑T of the Maharashtra Co‑operative Societies Act, 1960, which makes the order of the Commissioner or a specified officer in election disputes final and conclusive with no provision for appeal or revision. The petitioners argued th…

The landlord filed an eviction suit in 1976 after a shop was reconstructed in 1970. The tenant, Gian Chand, claimed he remained a statutory tenant under the United Provinces (Temporary) Control of Rent and Eviction Act, 1947, and argued that the exemption period of ten years under the U.P. Urban Buildings (Regulation o…

Kalema Tumba, a Zaire national, arrived at Bombay Airport and his baggage was searched by Narcotics Control Bureau officers based on prior intelligence, leading to the seizure of 2 kg of heroin. The seized heroin was identified through a chemical analyser report and the appellant’s own statement under Section 108 of th…

The tenant J. Jermons stopped paying rent to his landlord after a Tax Recovery Officer issued a prohibitory order under the Income Tax Act, directing him to pay the rent to the tax authority instead. He later complied with a notice under Section 226(3) of the Income Tax Act and paid the rent for the entire period to th…

The appellant, a headmaster appointed to a government high school, was transferred to a middle school after the school's takeover and later absorbed back as headmaster of the high school with retrospective effect and consequential benefits by a government order dated 16‑Feb‑1994. The appellant filed a writ petition see…

Pon Adithan was convicted for possession of heroin under Sections 8(c) and 21 of the NDPS Act. The prosecution relied on the oral testimony of an Intelligence Officer who conducted the search, a confessional statement made by the accused while in the officer's custody, and forensic analysis of sealed samples prepared i…

The case concerned members elected to the Orissa Zilla Parishad who had not taken the oath of allegiance required under Section 36 of the Orissa Zilla Parishad Act, 1991. The statute mandates that the oath be taken within three months of election or at any one of the first three meetings of the Parishad, whichever is l…

The respondent, a medical officer, gave a three‑month notice of voluntary retirement on 16 August 1995 after completing twenty years of qualifying service under Rule 5.32(B) of the Punjab Civil Service Rules. The State of Haryana sought to compel him to resume duty, arguing that his absence during the notice period jus…

Kondiba Dagadu Kadam filed a suit for specific performance of a sale agreement which was dismissed by the trial court. The first appellate court reversed the dismissal, relying on two attesting witnesses who testified that the agreement was executed by thumb impression. The High Court, on a second appeal, re‑appraised …

Dalmia Cement Ltd., owner of two cement factories in Pakistan, entered into a sale agreement on 24 July 1962 and a supplemental agreement on 2 November 1962 that stipulated profits and losses from the factories after 30 September 1962 would be credited to the buyer, Mr. Maneckji. The actual transfer of assets occurred …

The plaintiff, a registered money lender, sued the appellant and his father (defendant 2) for recovery of a loan advanced through a cheque drawn on the plaintiff’s bank account. The trial court decreed only against the father, holding that the appellant had not approached the plaintiff and that the father was not his a…

The case concerned whether court typists and steno‑typists were entitled to an advance increment under Government Order No. 182/87 after acquiring an LL.B. degree. The State of Andhra Pradesh appealed against High Court judgments that granted such increments to two typists and several steno‑typists, arguing that the ea…

The Kerala Bar Council’s five‑year term expired on 27 January 1997. It sought a six‑month extension from the Bar Council of India (BCI), which circulated a resolution under Rule 6 of the BCI Rules on 13 January 1997. Only four of the eighteen BCI members approved before the expiry, falling short of the required majorit…

Shivaji University refused permission to Bharti Vidyapeeth to start a new morning law college in Sangli, citing that an existing law college already served the town and that the proposed location lay outside the draft Perspective Plan under s.82 of the Maharashtra Universities Act, 1994. The State of Maharashtra had ea…

The appellant Management of Thanjavur Textiles Ltd. dismissed three employees after a domestic enquiry in which the manager appointed an advocate as the enquiry officer. The advocate recorded evidence and also gave findings on the misconduct, leading to the dismissal orders. The workmen challenged the dismissal before …

The Hindu public sued Rajdhani Puja Samithi, a society registered under the Societies Registration Act, 1860, alleging that the temples, mandap, library, shops and other structures on a 90‑year government lease constitute a public religious endowment. The Society argued that it was a secular body, that a society could …

The appellants purchased immovable property for Rs.2.45 lakh and were subjected to acquisition proceedings under Section 269‑D of the Income Tax Act. While the appeal was pending before the Income Tax Appellate Tribunal and subsequently the High Court, the Central Board of Direct Taxes issued Circular No. 455 (16‑Sept‑…

The appellants, Vijayan and Sadanandan, were convicted by the Kerala High Court for murder and conspiracy under Sections 302 and 120B IPC based largely on circumstantial evidence, identification testimony, a dying declaration, and bullets recovered from the second accused's house. The Supreme Court held that the identi…

The appellant, H.V. Jayaram, purchased shares of Industrial Credit and Investment Corporation of India Ltd. and alleged that the company failed to deliver the share certificates within the time limits prescribed by Section 113(1) of the Companies Act, 1956. He filed a criminal complaint under Section 113(2) before the …

The respondent, a subordinate judicial officer in Uttar Pradesh, was compulsorily retired at age 58 on the basis of an adverse remark recorded by an Inspecting Judge. He challenged the retirement, arguing that the Uttar Pradesh Judicial Officers (Retirement on Superannuation) Rules, 1992—framed under Article 309 of the…

M/s Sundaram Spinning Mills, a manufacturer of cotton yarn, claimed a higher rate of initial depreciation on its plant and machinery under the Income Tax Act, 1961, arguing that yarn falls within Item No. 21 of the Ninth Schedule, which lists "textiles (including ... cotton yarn, hosiery and rope)". The Assessing Autho…

The plaintiff, a legal representative of a member of the Pattakkal tarwad, claimed a reversionary right to the properties of the extinct Kandangalam tarwad, asserting that Pattakkal was an undivided branch of the ancient Pandambeli tarwad. The lower courts dismissed the suit, holding that Pattakkal was not a branch of …

The respondent, owner of a suit land, sued the appellant for possession and mesne profits, while the appellant claimed to be a tenant under an oral lease dated 1971. The trial court referred the tenancy question to the Kerala Land Tribunal under Section 125(3) of the Kerala Land Reforms Act, 1963; the Tribunal held the…

The appeal concerned the promotion of Dr. Subhash Garg, a lecturer in the Madhya Pradesh College of Dentistry, to the post of Reader. The MP Medical Education (Gazetted) Service Recruitment Rules, 1987 provided five Reader posts but specified promotion criteria for only four, leaving the fifth post undefined. The State…

Twelve accused were convicted under Sections 394 and 395 of the IPC for a dacoity and sentenced to ten years' rigorous imprisonment. Their appeal before the Patna High Court was heard by a single judge after the appellants' counsel failed to appear, and the appeal was dismissed on merits, confirming the conviction. The…

The State of Gujarat moved the Supreme Court alleging that the Narmada Bachao Andolan (NBA) and its leaders, as well as author Arundhati Roy, were violating interim injunctions and attempting to prejudice pending proceedings on the height of the Sardar Sarovar dam by issuing press releases, interviews, and publishing a…

Thampanoor Ravi was elected to the Kerala Legislative Assembly and his election was challenged on two grounds: (i) that he was an "undischarged insolvent" within the meaning of Article 191(1)(c) of the Constitution, and (ii) that he had indulged in corrupt practices under Section 123 of the Representation of the People…

The appellant, Nareder Singh, was elected to the Haryana Legislative Assembly in 1996. Defeated candidates, including Mala Ram, filed election petitions alleging that the Returning Officer had improperly rejected the nomination papers of Suresh Kumar, Yogender and Mala Ram and had improperly accepted the appellant's no…

The widow of Pratap Chandra Das filed a writ petition under Article 226 of the Constitution seeking compensation from GRIDCO, alleging that the corporation’s negligence caused a snapped transmission line that electrocuted her husband. GRIDCO contended that the wire snapped due to a thunderbolt, an act of God, and that …

The State Bank of Bikaner and Jaipur had advanced funds to M/s. Ballabh Das & Co. for export transactions and was insured against non‑payment by foreign buyers. When the buyers defaulted, the bank sued the exporters for the outstanding amounts. While the suits were pending, the Recovery of Debts Due to Banks and Financ…

The appellant, a self‑styled godman, claimed to possess divine healing powers and charged a complainant Rs. 15,000 to cure his congenitally mute daughter. When the promised cure did not occur, the complainant filed a cheating complaint. The police initially reported the matter a "mistake of fact" based on religious bel…

The Union of India and the States of West Bengal and Uttar Pradesh challenged provisions in the Cinematograph Act, 1952 and related state regulations that require cinema exhibitors to show short scientific, educational, documentary or news films and to pay a 1% rental fee to the Films Division. The exhibitors argued th…

The Supreme Court considered an arbitration award arising from a construction contract for the Giri Hydel project, where the contractor claimed price revision after the total work exceeded a 20% deviation limit. The arbitrators were tasked with interpreting the contract clauses on rate revision and awarded increased ra…

The appellant, T.M. Jacob, was elected to the Kerala Legislative Assembly and faced an election petition filed by C. Poulose alleging corrupt practices. The petition included an affidavit in Form 25, but the copy of the affidavit served on Jacob omitted the notary’s name, address, stamp and seal, though it bore the end…

Five trade apprentices of the North Eastern Railway, who completed their apprenticeship as fitters under the Apprentices Act, 1961, were initially appointed as temporary Fitters (Group C) on 28 May 1990. On 7 June 1990, the Railway cancelled these appointments and placed them in Group D posts (Carriage Khalasi) based o…

The petitioner, a Havildar/Clerk in the Indian Army, challenged Army Order No. 11 of 1987 which limited the grant of study leave to regular commissioned officers, alleging discrimination under Articles 14 and 16 of the Constitution. The Union of India contended that study leave is intended to enhance the knowledge of o…

The appellant, Sterling Foods, a firm engaged in processing and exporting seafood, earned import entitlements under a government export promotion scheme and sold them, including the sale proceeds in its total income. It claimed a deduction under Section 80HH of the Income Tax Act, 1961, arguing that the proceeds were p…

The State of Himachal Pradesh appealed the acquittal of Jeet Singh, who had been convicted by a Sessions Court for murdering his wife Sudarshana Devi under IPC 302. The High Court had set aside the conviction, deeming the death a suicide and rejecting incriminating evidence recovered under Section 27 of the Evidence Ac…

The Supreme Court examined the Bar Council of India’s (BCI) Training Rules, 1995 (as amended in 1998) which mandated a one‑year pre‑enrolment training for law graduates before they could be enrolled as advocates. The petitioners challenged the Rules as ultra vires the Advocates Act, 1961 and as violative of Articles 14…

The appellant's mother, Lakshmi, was detained under Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug‑Offenders, Forest‑Offenders, Goondas, Immoral Traffic‑Offenders and Slum‑Grabbers Act, 1982 while she was already in judicial remand under the Tamil Nadu Prohibition Act, 1937. The det…

Shiv Kumar Joshi, a member of the Employees' Provident Fund Scheme, complained before the District Consumer Forum that the Regional Provident Fund Commissioner delayed payment of his provident fund, alleging deficiency in service. The Commissioner appealed, arguing that the scheme was not a "service" under the Consumer…

The appellants, originally Sub‑Inspectors in the Border Security Force (BSF), were deputed to the Delhi Police and later permanently absorbed as Sub‑Inspectors (Executive). They sought to have their continuous substantive service in the BSF counted for seniority in the Delhi Police cadre, a right previously granted by …

Mis Coromandal Fertilisers Ltd imported rock phosphate and sulphur and was responsible for unloading the cargo at its own wharf in Visakhapatnam. Customs assessed landing charges at 1.4% of the CIF value of the goods and the Assistant Collector additionally levied stevedoring charges, arguing they were not covered by t…

The appellant, C. Gangacharan, sent money from abroad to the respondent, C. Narayanan, to purchase immovable property in the appellant's name, but the respondent bought the property in his own name and that of his brothers. The appellant filed a suit for possession in 1983, which was decreed in 1985. While execution wa…

The appellant imported Indian-made foreign liquor into Orissa and stored it in a licensed bonded warehouse. Part of the stock became sedimented, was deemed unfit for consumption and was destroyed. The State issued a notice for payment of countervailing duty of Rs.10,02,182, which the appellant contested on the ground t…

Ahamed Nassar was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) for alleged smuggling of cellular phones and cigarettes. He filed a representation on 21 May 1999, which was processed with short postal delays that the Court held were no…

The husband, D.P. Satpathy, claimed that his marriage to B.P. Dixit was performed under duress and therefore invalid, and also denied paternity of the child born shortly after the ceremony. The wife filed an application under Section 125 of the Criminal Procedure Code for maintenance for herself and the child, which wa…

Coastal Chemicals Ltd purchased natural gas from ONGC and used it as fuel in the manufacture of paper. The company claimed a concessional tax rate under Section 5‑B(1) of the Andhra Pradesh General Sales Tax Act, 1957, arguing that the gas was a "consumable". The High Court dismissed the writ petition, holding that nat…

The Supreme Court examined the provisions of the Dentist Act, 1948 and the Dental Council (Election) Regulations, 1952 to determine the permissible duration of a Dental Council member's term when elections are not held within the prescribed five‑year period. Section 6(1) states that a member holds office for five years…

R.K. Sharma sued the State of Assam and two police officers for malicious prosecution, seeking pecuniary damages for rice and paddy seized and non‑pecuniary damages for pain and reputation. The trial court dismissed the suit; the Gauhati High Court allowed pecuniary damages but denied non‑pecuniary damages, finding no …

The appellant, a full‑time vocational teacher, was appointed in June 1990 with the pay‑scale of Rs.1640‑2900 but was subsequently placed on a lower scale of Rs.1400‑2600 by the Directorate of Education. He challenged this denial, arguing that he possessed the requisite qualifications and that similarly situated teacher…

Tulip Park Co‑operative Housing Society Ltd filed a complaint before the National Consumer Disputes Redressal Commission under the Consumer Protection Act, 1986, alleging that the builder, SAi Overseas Import and Export, delivered only 29,788.34 sq ft of saleable area instead of the 34,361 sq ft stipulated in their agr…

After the signing of an accord between the Prime Minister and Sikh leader Sant Harchand Singh Longowal, an extremist group conspired to assassinate the Sant. Gian Singh and co‑assailants opened fire on the Sant during a public meeting on 20 August 1985, causing his death. They were overpowered, arrested, and convicted …

The petitioners challenged the insertion of the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 and the West Bengal Land Holding Revenue Act, 1979 into the Ninth Schedule of the Constitution after they had been struck down as unconstitutional. The issue was whether such post‑1973 insertions, p…

The appellant filed a suit in 1980 for recovery of a sum of money; the High Court decreed the suit ex‑parte on 8 March 1982, but the formal decree was only drawn up and signed on 9 August 1983. An execution petition filed in 1995 was allowed, but the High Court division bench later set aside the execution order on the …

In the 1995 Bhanjanagar Assembly election, the Returning Officer rejected the nomination of Panchanan Das (respondent No. 7) on the ground that he was a dealer under the Public Distribution System (PDS). The appellant, Somnath Rath, challenged the election of the returned candidate, Bikram K. Arukh, alleging that the r…

The respondent, a former Executive Engineer of the Kerala Public Works Department, was charged with defrauding the government by misappropriating steel rods, involving offences under Section 5(2) of the Prevention of Corruption Act, 1947 and IPC Sections 406, 409, 201, 109 and 120‑B. After his retirement, he sought dis…

The former Tamil Nadu Chief Minister J. Jayalalitha and several ministers challenged a Tamil Nadu Government notification that created three additional Sessions Courts in Chennai and appointed their judges as special judges to try corruption cases under the Prevention of Corruption Act, 1988 (PCA). They argued that Sec…

The widowed wife and children of the deceased Murlidhar Hemdev claimed a right to specific plots in a Thane development, alleging that a registered rectification deed admitted their title and that a release deed dated 27‑03‑1979 was forged. The builder, having obtained sale agreements from various partners, argued he w…

The Food Corporation of India (FCI) and Sreekanth Transport entered into a government contract containing an arbitration clause and an excepted‑matter clause (clause 12) that vested final authority in the Senior Regional Manager. Sreekanth Transport filed a suit under Section 20 of the Arbitration Act, 1940 seeking to …

The case concerned the promotion and appointment of the fourth respondent as Director General and Inspector General of Police (DG & IGP) by a Karnataka Government notification dated 6 March 1997. The first respondent, an IPS officer, challenged the appointment alleging that the selection process was arbitrary, ignored …

The Supreme Court examined whether a magistrate could discharge accused persons after taking cognizance of offences under Sections 406 and 498‑A IPC when the complaint was filed beyond the statutory limitation period. The magistrate correctly discharged the accused on the Section 406 charge because the complaint was ba…

The appellant, M.N. Das, was convicted under Section 302 IPC for the brutal murder of Hara Kanta Das, in which he struck the victim with a sword, amputated his hand and severed his head, and then carried the head to a police outpost. The Sessions Court sentenced him to death, a decision affirmed by the Gauhati High Cou…

P. Paulsamy was detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 to prevent alleged drug trafficking. He filed a representation against his detention on 26‑10‑1998, but the Government considered it only after a delay, finally rejecting it on 12‑11‑…

The case concerned promotion of Junior Engineers/Overseers holding diplomas in engineering to the post of Assistant Engineer under the Punjab Service of Engineers, Class II (Irrigation Branch) Rules, 1941. A 1992 notification fixed promotion quotas, but the petitioners argued that Rule 5 required a university degree fo…

Umapati Chaudhary, a lecturer of Kameshwar Singh Darbhanga Sanskrit University, was deputed to the Bihar Sanskrit Shiksha Board as Controller of Examinations with the consent of the University, the Board and the Government. The Board later sought his permanent absorption, which the University approved, and the State Go…

ICICI filed an application under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 seeking recovery of about Rs 36.5 crore from Grapco Industries Ltd. and others. The Debts Recovery Tribunal, on the same day, issued an ex‑parte injunction restraining the respondents from alienating h…

N.S. Giri, an Assistant Health Officer of Mangalore City Municipality, was governed by Rule 48 of the Karnataka Municipalities (Conditions of Service) Rules, 1972 which fixed the superannuation age at 55 years. An industrial dispute concerning whether the retirement age should be raised to 58 years was referred to arbi…

Jasbir Singh was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 25 March 1994 and the grounds of detention were served on 30 March 1994. He filed representations to the Advisory Board and separately to the Central Government, the latter being disp…

The Supreme Court examined the Kerala State Backward Classes (Reservation of Appointments or Posts in the Services under the State) Act, 1995, which sought to continue reservation for backward classes without excluding the "creamy layer" and claimed that no socially advanced sections existed in the state. The Court hel…

The plaintiff B.K.N. Pillai sued P. Pillai for eviction, alleging that the defendant was a licensee. The defendant initially pleaded that he was a lessee, but later sought to amend his written statement to add an alternative defence that, if he were a licensee, his licence was irrevocable under Section 60(b) of the Ind…

Arun Kumar Agarwal and others filed a writ petition in the Karnataka High Court seeking the cancellation of a 1,000 MW thermal power project at Mangalore and the registration of a FIR for alleged corruption. The High Court, without detailed analysis, directed the CBI to investigate based on thirteen points of alleged s…

The original landlord filed an eviction suit under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, claiming a bonafide and reasonable requirement for the premises. After his death, his heirs amended the plaint to assert their own requirement of starting a grocery business due to a lock‑out at his f…

The State of Manipur detained Sanasam Ongbi under Section 3(3) of the National Security Act, 1980. The Gauhati High Court quashed the detention order, holding that the State had violated Section 3(5) because the report of the detention did not reach the Central Government within seven days. On appeal, the Supreme Court…

The Ahmedabad Municipal Corporation (AMC) runs N.H.L. Municipal Medical College and, through Rules 6(i) and 7, defined a "local student" as one who passed qualifying examinations from schools located within the municipal limits. Permanent residents of Ahmedabad who obtained their qualifications from schools in the adja…

The respondent, KokiYat Estates, had mortgaged extensive plantation land to a bank, with the State of Kerala acting as guarantor. Subsequent land‑ceiling and private‑forest statutes vested large portions of the mortgaged land in the State free of encumbrances, and later the State paid off the loan and obtained an assig…

The State of Himachal Pradesh alleged that accused growers and officials conspired to inflate the quantity of scab‑affected apples procured for destruction, thereby cheating the government. The prosecution’s case rested entirely on the testimony of the District Horticulture Officer, who was presented as an expert on th…

The appellants were convicted under Sections 302, 302/114 and 498-A of the IPC solely on the basis of the deceased's dying declaration. The Supreme Court examined whether the dying declaration was reliable, focusing on the requirement that the declarant be conscious and in a fit state of mind, which must be certified b…

The appellant, sister of Bham Faisal Gulam Mohammed, filed a habeas corpus petition challenging his preventive detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detenu was arrested for attempting to smuggle diamonds and was supplied with grounds o…

The appellant, Rais Ahmad, filed a writ petition under Article 226 before the Allahabad High Court. His counsel had obtained leave of absence from the Chief Justice on the ground of illness up to 23 April 1996 and sent an illness slip for the hearing scheduled on 24 April 1996, but the slip was not brought to the notic…

The State of Orissa appealed the acquittal of Manmohan Das (Manu Bangali) and Arjun Das Agrawal for the murder of Bhagirathi Panda. The trial court had convicted several accused under Sections 302/149 IPC, but the High Court acquitted Manmohan Das and Arjun Das, holding that the prosecution evidence was not corroborate…

The Nagpur Improvement Trust appointed and promoted several employees to the post of Assistant Engineer (Civil) despite the State Government not having framed any rules under Section 21 of the Nagpur Improvement Trust Act, 1936 prescribing conditions for such appointments. The Bombay High Court quashed the promotions, …

The legal representatives of the deceased landlady, Smt. Ramkubai, filed a suit for possession of premises against the tenants, alleging default in rent, sub‑letting and a bona fide requirement to set up a Kirana shop for her son Bhikchand. The trial court granted eviction, but the appellate and High Courts reversed, f…

The case concerned the classification of pay scales and inter‑se seniority of Senior Scientific Assistants, Assistant Foremen and Chief Draughtsmen in the DRDO after the 1995 Technical Cadre Recruitment Rules created two pay grades for Senior Scientific Assistants based on an arbitration award. The Senior Scientific As…

Haryana Telecom Ltd filed a winding‑up petition against Sterlite Industries before the Punjab & Haryana High Court. The petitioner then moved an application under Section 8 of the Arbitration and Conciliation Act, 1996, seeking to have the dispute referred to arbitration on the basis of an existing arbitration agreemen…

In the 1995 Maharashtra Legislative Assembly elections, both the appellant Baburao and the first respondent Manikrao filed nominations from Nilanga constituency. The respondent's name appeared in the electoral rolls of both Nilanga and Latur constituencies. Baburao objected, claiming that this dual entry disqualified t…

Harendra Mehta and his family (appellants) and Mukesh Mehta and his family (respondents) were brothers who owned businesses and properties in India and the United States. They executed an arbitration agreement appointing their elder brother as arbitrator to divide the assets, and the arbitrator rendered an award in New…

The Supreme Court examined an appeal by accused A3‑A6 challenging a Madras High Court order that imposed Rs 10,000 costs on each of them for filing a frivolous revision under Section 482 of the Criminal Procedure Code (CrPC). The High Court had imposed the costs to deter abuse of process after the appellants suppressed…

The petitioners, selected by the Kerala Public Service Commission and placed on a select list in 1995, claimed that they should be appointed to Sales Tax Officer vacancies under the Special Rules, which required 20% of successive substantive vacancies to be filled by direct recruitment. The State had amended the Genera…

The Supreme Court examined the Allahabad High Court’s extensive directions issued in the wake of the 1994 Uttarakhand agitation, which ordered massive compensation to victims, large fund allocations for regional development, and pre‑emptive rulings on the need for sanction under Section 197 of the CrPC, the composition…

UCO Bank had credited interest on loans whose repayment was doubtful to a suspense account and, following CBDT Circular No. F 201/21/84 TTA‑11 dated 9 Oct 1984, excluded that interest from its total income for AY 1981‑82. The Commissioner of Income Tax re‑included the amount, but the ITAT and the Calcutta High Court al…

The UPSC issued a notification for the 1988 Central Services Examination stating an approximate 740 vacancies, subject to alteration. After the written examinations, the final number of vacancies was reduced to 470, and consequently 940 candidates (twice the vacancies) were called for interview. The respondents, placed…

The Supreme Court considered whether the term "loss" in clause (b) of the proviso to Section 205(1) of the Companies Act, 1956, as incorporated into Section 115‑J of the Income‑Tax Act, 1961, includes depreciation. The assessees, including Mis. Surana Steels Pvt. Ltd. and V.V. Trans‑Investments (P) Ltd., argued that lo…

The Commissioner of Income Tax appealed against a judgment allowing Mis Cynamid India Ltd. to claim deductions under Sections 35B and 35C of the Income‑Tax Act for expenses incurred in distributing agricultural literature and for export promotion. The assessee uses rice husk, obtained by de‑husking paddy, as the princi…

A news magazine sought permission from the Additional Sessions Judge to interview an under‑trial prisoner, Babloo Srivastava, in Tihar Jail. The Sessions Judge granted a blanket permission, which the High Court modified by imposing conditions that the prisoner must consent and the interview must not offend the court or…

The appellant was accused of throwing bombs that injured a shopkeeper and caused the deaths of two persons. His name did not appear in the FIR or in the initial police statements recorded under Section 161 of the CrPC, but was later added during trial. The prosecution’s case relied on three eye‑witnesses whose statemen…

The petitioners, members of the West Bengal Higher Judicial Service, were compulsorily retired at age 58 by orders of the Governor, allegedly on the basis of a High Court pre‑retirement assessment and the State's power under Rule 75(aa). They contended that the retirement age had been raised to 60 years by the Supreme …

The appellant, S.M. Jahubar Sa Thik, was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 4 November 1997 and a declaration under Section 9(1) was made on 27 November 1997. He filed a writ petition under Article 226 of the Constitution challengin…

Belapur Sugar & Allied Industries Ltd produced excess sugar between 1 May and 11 June 1982 and paid excise duty under Notification No.132, which excluded factories with nil production in the preceding three years. Notification No.193 of 11 June 1982 substituted paragraph 4 of the earlier notification, extending the reb…

Lal Woolen and Silk Mills (P) Ltd. paid excise duty on grey worsted woollen yarn and later on dyed yarn and sought a set‑off of the differential amount. The claim was based on Rule 56A of the Central Excise Rules, which allows a proforma credit if an application is made under sub‑rule (2). The assessee did not make suc…

The Calcutta Municipal Corporation filed a special leave petition challenging the High Court’s order that quashed prosecution of Pawan K. Saraf for alleged adulteration of compounded asafoetida under the Prevention of Food Adulteration Act, 1954. The trial court had relied on a Public Analyst’s report finding the sampl…

Sundaram Finance Ltd entered into a hire‑purchase agreement for two wind‑turbine generators with NEPC India Ltd, which contained an arbitration clause. After the respondent defaulted on payments, the appellant sought interim custody of the equipment under Section 9 of the Arbitration and Conciliation Act, 1996, and the…

The appellants, members of the Peoples War Group, were convicted for firing at two ex‑members of the group at a hair‑cutting salon, resulting in the death of one victim. The trial court relied on the testimony of four eye‑witnesses who identified the accused under street‑light and shop‑light illumination, and the FIR w…

The Supreme Court examined whether State governments could levy sales tax on the supply of food and drinks after the Constitution (Forty‑sixth Amendment) Act, 1982 inserted clause 29A in Article 366. The petitioners – restaurant owners in Tamil Nadu, residential‑hotel owners in Maharashtra and a halwai in Uttar Pradesh…

Ramesh Chand Sharma was promoted to Assistant Legislative Draftsman (Hindi) Class II, while senior employee Udham Singh Kamal was passed over because he lacked three years of experience in the feeder cadre. Kamal filed a representation which was rejected on 2 July 1991 and subsequently filed an application before the H…

The Kalpavruksha Charitable Trust operated a diagnostic centre and purchased a CT‑scan machine, charging patients for its use while providing free services to only ten percent of them. The National Consumer Disputes Redressal Commission held that the Trust was not a consumer under the Consumer Protection Act, 1986 beca…

The landlord filed a suit for eviction of the tenant company for non‑payment of rent and, during the suit, sought an order under Section 11(4) of the Bombay Rents, Hotel and Lodging House Rates Control Act directing the tenant to deposit the arrears. The tenant argued that, because it had been declared a sick industria…

The insured, having procured multiple fire insurance policies, received claim payments after a fire loss and voluntarily executed discharge vouchers stating full and final settlement. He later filed a complaint before the State Consumer Disputes Redressal Commission seeking interest on the settlement amount; the State …

Ladu Ram, the landlord, filed an eviction suit against tenant Ganesh Lal under Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, alleging default in rent payment but did not seek a separate decree for recovery of arrears. The trial court provisionally determined the rent due under Sec…

The Parambikulam Aliyar Project was originally set up to irrigate a defined ayacut, and in 1983 the Madras High Court recorded that the petitioners would not object to an extension of 115,000 acres provided the original ayacuts received water at least once every 18 months. In 1993 the Tamil Nadu Legislature enacted the…

The appellant, D.S. Vichare, was allotted a one‑room flat by the Bombay Housing and Area Development Board under the Maharashtra Housing and Area Development Act and indicated on Form C that his brother and sister‑in‑law would occupy the premises. Subsequent board inspections alleged that the appellant had sublet the f…

The respondents entered into a 1987 agreement with Lata Construction for the purchase of a flat, paid substantial sums, but the flat was never delivered and was later occupied by another. In 1991 the parties executed a fresh agreement providing for compensation of Rs.9,51,000 in lieu of the flat, expressly stating that…

The appellant, Rajendra Prasad, was tried under the NDPS Act. After both sides had closed their evidence, the prosecution sought to re‑examine two witnesses under Section 311 of the Criminal Procedure Code to prove certain documents. The trial court allowed the resummoning, and the appellant challenged this, arguing th…

Degla Suryanarayana, a middle‑management officer of Bank of India, was found fit for promotion in 1981 but the promotion was withheld due to pending criminal cases. After being acquitted, he sought promotion and was granted ad‑hoc promotion by the High Court, which also ordered a departmental enquiry for alleged miscon…

Himmat Singh Chahar, a petty officer in the Indian Navy, was convicted by a Court Martial for outraging the modesty of a woman under Section 354 IPC and Section 77(2) of the Navy Act, receiving a nine‑month imprisonment and dismissal. He appealed to the Chief of Naval Staff and the Central Government, both of which uph…

The case involved a mercenary killing where the victim Ramu Somani survived and gave a statement to a magistrate, which the prosecution treated as a dying declaration. The Supreme Court held that because the declarant was alive, the statement could not be admitted under Section 32 of the Evidence Act and could only be …

The father, Bhagirath, and his two nephews were convicted by the Sessions Court for the murder of Bhagirath's blind son, Subhram, under Section 302 read with Section 34 of the IPC. The High Court upheld the nephews' convictions but acquitted Bhagirath, invoking a "benefit of doubt" despite reliable eye‑witness testimon…

The respondents applied for declaration as Raiyats under Section 4(1)(h) of the Orissa Land Reforms Act, 1960, claiming possession of vested land that had been transferred to the Government by the Orissa Estate Abolition Act, 1951. The appellant, K.C. Singh Deo, objected on the ground that the land belonged to the deit…

The appellants were convicted by a trial court under Section 392 read with Section 397 of the Code of Criminal Procedure and sentenced to ten years’ rigorous imprisonment. They appealed to the Gujarat High Court, seeking suspension of the sentence, which was denied, and later also sought an expedited hearing of the app…

The appellants filed a suit for ejectment against the respondents for arrears of rent and sub‑letting, and obtained a decree for possession of the premises. In the execution proceedings the second respondent claimed to have purchased the undivided interest of certain coparceners of the Hindu Undivided Family of the dec…

Cipla Ltd. terminated medical representative Ripu Daman Bhanot after a departmental enquiry found him guilty of submitting a false daily report, a misconduct under Rule 14 of the company's service rules. The Labour Court held the termination illegal, reasoning that Bhanot was denied assistance of an advocate and that t…

The appellants purchased a portion of land from Smt. Charanjit Kaur after the PEPSU Tenancy and Agricultural Lands Act, 1955 had been amended in 1956. The landowner held more than the permissible limit of 30 standard acres (equivalent to 60 ordinary acres) and had not applied for reservation of land under Section 5‑A w…

Rajesh Bajaj, a garment exporter, filed a complaint alleging that a German buyer promised payment on receipt of invoices but paid only a part of the amount and later reneged on a further promise. The complaint invoked Sections 415 and 420 of the IPC, and the FIR was subsequently quashed by the Delhi High Court on the g…

The appellant, a practising advocate, received Rs.25,102 from the respondent as court fees for filing a suit but failed to deposit the amount and later issued a cheque of Rs.38,000 to refund the fees with interest, which bounced due to insufficient funds. The Bar Council of India, after examining the receipts and the c…

Babulal, a tenant of a shop owned by the Phool Maliyan Samaj Mandir Trust, had his tenancy terminated by a notice under Section 106 of the Transfer of Property Act, 1882 but refused to vacate. The trustees filed an eviction suit, contending that the property was exempt from the Madhya Pradesh Accommodation Control Act,…

Madan Mohan Choudhary, an Additional District & Sessions Judge, was compulsorily retired by the State of Bihar after the High Court, on the basis of an anticipatory bail order he had granted in a Section 307 IPC case, recommended his retirement. The High Court’s Standing Committee and Full Court recorded adverse remark…

The appellant, a joint Khata holder of land declared as kans‑infested, was ordered to pay tractorisation charges under the 1949 Ordinance and the 1954 Act and his land was declared Taluqdeh and evicted. He sought relief on two grounds: (i) that Notification/Proclamation No. 71 of 1941, issued by the Government, should …

The respondent's son suffered a pituitary gland disorder and was prescribed the imported drug Norditropin, for which the Punjab State Electricity Board (PSEB) denied reimbursement of Rs. 313,200. The respondent filed a writ petition, and the Punjab & Haryana High Court directed reimbursement, treating the drug as a lif…

P. Veerasamy was adjudicated an insolvent under the Presidency Towns Insolvency Act, 1909. He applied to the Madras High Court for permission to restart his kerosene‑selling business so that he could support himself and his family, offering to remit a portion of the earnings to creditors. The High Court dismissed the a…

The deceased Sambhu Yadav was attacked by three accused and, while gravely injured but conscious, gave a statement to witnesses and a police Sub‑Inspector that identified Paras Yadav as the one who stabbed him. The Sub‑Inspector recorded this statement as a routine FIR, not expressly as a dying declaration. The Supreme…

The petitioners, American Remedies Pvt Ltd and another, challenged a demand for differential sales tax that arose after the Andhra Pradesh legislature amended Entry 37 of the Andhra Pradesh General Sales Tax Act, 1957 by the 1996 Amendment Act. They argued that the demand was invalid and that liability should depend on…

The appellant, Advocate G. Lingappa, after representing the opposite side in a civil suit, persuaded the respondent, R. Janardhana Rao, to give him a personal hand loan of Rs 3,000 secured by a post‑dated cheque, which later bounced. The respondent filed a complaint before the State Bar Council alleging professional mi…

The State of Orissa appealed an arbitral award that granted interest for the pre‑reference period of 31‑Mar‑1977 to 20‑Mar‑1980, a period that preceded the commencement of the Interest Act, 1978. The award was made on 12‑Oct‑1982, after the Act had come into force, raising the question whether the arbitrator could awar…

Sovintorg (India) Ltd. deposited a cheque for Rs 1 lakh with State Bank of India in June 1983; although the cheque was cleared, the proceeds were not credited to its account for seven years. The company claimed compensation, damages and 24% interest under the Consumer Protection Act, 1986. The State Consumer Disputes R…

The appellant was charged under Section 21 of the NDPS Act for possessing 1.75 grams of brown sugar after police searched him at a bridge based on prior information. The defence argued that the police failed to comply with the mandatory safeguards of Section 50(1), which require informing the accused of his right to be…

Syed Dastagir entered into a sale agreement with T.R. Gopalakrishna Setty for Rs.9,500, paying most of the consideration but the defendant refused to accept the remaining Rs.120 and execute the sale deed. The plaintiff deposited the balance in court and sued for specific performance. The trial court and the appellate c…

The manufacturers purchased raw material and used it to make an intermediate product, which was then used to produce a final excisable product. The issue was whether the excise duty paid on the raw material, which could be claimed as credit under the MODVAT scheme, should be deducted from the raw material’s price when …

The landlady, a widow of a retired government servant, sought eviction of four tenants under Section 13A of the East Punjab Urban Rent Restriction Act, 1949, as extended to Chandigarh. The Rent Controller initially ordered eviction of two tenants, but the High Court held that only one tenant could be evicted and allowe…

Jai Kumar was convicted for the brutal murder of his pregnant sister‑in‑law and his eight‑year‑old niece, whom he killed after attempting to rape the former and then dismembering and displaying the bodies. The Sessions Court sentenced him to death under IPC 302 (with a concurrent seven‑year term under IPC 201), a sente…

The case concerned two Hindu deities, Ram Jankijee and Thakur Raja (also called Raja Rani), each of which had been the beneficiary of a separate deed of dedication of 81.14 acres of land, registered and placed in possession through shebaits. Under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surp…

The appellant and Respondent No.4 were appointed as lecturers on the same day at Kamla Nehru Women's College, Bhubaneswar. Eligibility for grant‑in‑aid required first‑class marks; the appellant later qualified, while Respondent No.4’s deficiency was condoned by the University and the State Government. The college Gover…

The appellants challenged a circular dated 29 November 1991 issued by the Collector, which stipulated that land rates in Surajpur village would automatically increase by 20% after one year. They argued that the Collector, under Rule 340‑A of the U.P. Stamp Rules, could only fix a single circle rate for a biennial perio…

Hyderabad Industries Ltd. and another imported asbestos fibre before 1986 and were demanded additional customs duty under Section 3(1) of the Customs Tariff Act, 1975. The appellants argued that the fibre, obtained by merely separating it from the parent rock, was not a manufactured article and therefore not liable to …

Olympus Superstructures Pvt. Ltd. entered into three main sale agreements for flats and three separate interior design agreements, each containing arbitration clauses. Disputes arose over payment, construction progress and interior work, and a sole arbitrator was appointed under the main agreements. The arbitrator gran…

The petitioner, Sita Ram Singhania, challenged a stay order granted by the Allahabad High Court in a suit filed by banks before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The suit was instituted in the State of Madhya Pradesh, but the Allahabad High C…

In the 1996 Pondicherry Legislative Assembly election, D. Ramachandran filed an election petition alleging that R.V. Janakiraman, who was declared elected, committed multiple corrupt practices including falsifying voter lists, exceeding expenditure limits, and using government servants for canvassing. Janakiraman denie…

Relish Goods bought raw shrimps, peeled and froze them, and claimed a deduction under Section 80HH of the Income‑Tax Act, 1961, asserting that its activity amounted to production by an industrial undertaking. The Income‑Tax Officer rejected the claim, but the Commissioner (Appeals) and the Income‑Tax Appellate Tribunal…

Birla Corporation Ltd., a cement manufacturer, bought dumpers in Tamil Nadu and paid tax under the Central Sales Tax Act, 1956. When the dumpers entered Rajasthan, the state demanded entry tax under the Rajasthan Tax on Entry of Motor Vehicles Into Local Areas Act, 1988. The assessee sought a rebate under Section 4(2) …

The accused, an employee of Western India Plywoods, was convicted by a Judicial Magistrate and affirmed by an Additional Sessions Judge for offences under IPC sections 408, 468 and 477A, involving misappropriation of empty barrels and forgery of documents. He filed a revision before the Kerala High Court, which set asi…

The complainant alleged that the accused had made a false complaint to a Treasury Officer, accusing him of being drunk and abusive, thereby invoking criminal defamation provisions. The magistrate, after directing an inquiry under Section 202 of the CrPC, issued summons against the accused. The Sessions Judge, in revisi…

Senior Translators and Junior Translators of the Himachal Pradesh High Court sought redesignation and parity of pay with their counterparts in the Punjab & Haryana High Court, relying on a policy of adopting Punjab & Haryana pay scales. The Himachal High Court, following the Chief Justice's recommendation, ordered the …