Judgments of 1999

The State alleged that a watchman was murdered after a quarrel with accused No.1 and that five accused conspired to kill and hang him. The trial court convicted them under IPC sections 302, 34, 201 and 120‑B based solely on circumstantial evidence, including alleged presence of blood in the guard room, a lungi used as …

The State of Maharashtra charged Suresh with the rape and murder of a four‑year‑old girl, Sneha, alleging that he abducted her, sexually assaulted her and concealed her body in a farm. The trial court convicted him on the basis of circumstantial evidence, including eyewitnesses who saw the accused with the child, a tes…

The Nagar Panchayat Jalalabad comprised 21 members, including three nominated members who were barred from voting. A motion of no‑confidence against the President was moved and supported by 13 members. The High Court held that, because the nominated members could not vote, they should be excluded from the total members…

Allahabad Bank filed a suit under the Recovery of Debts due to Banks and Financial Institutions Act, 1993, seeking recovery of Rs 46.54 lakhs from three respondents and applied for a temporary injunction restraining them from drawing money from Mis. Braitewaite & Co. The respondents refused to accept notice of the inte…

Hindustan Aeronautics Ltd (HAL) operated several buses to transport its employees and their children to school and college. The Orissa Motor Vehicles Taxation Authority treated these buses as "contract carriage" under Entry 4 of the Schedule to the Orissa Motor Vehicles Taxation Act, 1986 and levied a higher tax, which…

A motor accident occurred on 16 April 1987 at 10:00 am, killing Smt. Salta Bai. The bus involved was owned by respondent No. 5 and driven by respondent No. 6. The owner bought an insurance policy for the bus on the same day at 9:00 pm, and the policy expressly stated that its commencement was 16 April 1987 at 21:00 hou…

The Supreme Court examined whether the Bihar Agricultural Produce Markets Act, 1960 (the Market Act) could be applied to transactions involving sugarcane, sugar, molasses, wheat products, vegetable oils, rice, milk products and tea. It held that the special statutes governing sugarcane, sugar and molasses – the Bihar S…

The Supreme Court examined whether State governments could prescribe lower minimum qualifying marks for reserved‑category candidates in the Post‑Graduate Medical Entrance Examination (PGMEE). The Court held that the Uttar Pradesh Act 1997 and Madhya Pradesh Government Order fixing 20% for reserved and 45% for general c…

Arvind @ Pappu (appellant) killed his co‑villager Ajaib Singh (deceased) by luring him with a promised job, taking him to his tailoring factory, and leaving him alone on a cutter's table where he was later found dead with a neck wound, scissors and blood stains. The prosecution relied solely on circumstantial evidence,…

Oberoi Hotel Pvt. Ltd. managed several hotels for owners and, under its principal agreement, held an option to purchase the hotel if the owner chose to transfer it. A supplemental agreement in 1975 waived this purchase/right, entitling Oberoi to a fixed compensation upon the hotel's sale. The company received Rs 29,47,…

The appellants issued cheques that bounced, and the respondent served a notice demanding payment on 29 September 1995. Under Section 138(c) of the Negotiable Instruments Act, the appellants had 15 days to pay, which expired on 14 October 1995, giving rise to a cause of action on 15 October 1995. The respondent filed a …

The case concerned a 2.133-acre agricultural plot on the periphery of Cuttack town that had been sold by persons alleged to belong to the Scheduled Caste to non‑Scheduled Caste buyers. Respondent No.1, a co‑sharer of the vendors, invoked Section 23 of the Orissa Land Reforms Act, 1960, claiming the transfer was void un…

The assessee, a sugar manufacturer, claimed a higher depreciation rate of 15% on its machinery under Item 3(ii) B(7) of Appendix I to the Income Tax Rules, 1962, arguing that the plant came into contact with corrosive chemicals such as sulphuric and phosphoric acid. The Income Tax Officer rejected the claim, refusing t…

The appellant, a Hindu Undivided Family (HUF), was assessed for several years on the ground that remuneration and commission received by its Karta, K.S. Subbiah Pillai, were income of the HUF. The Madras High Court held the amounts were assessable to the HUF, while the Andhra Pradesh High Court had decided otherwise. T…

The appellants' ancestors obtained a decree in 1960 declaring them owners of the land known as 'Badi Takia' and that the mosque on it was wakf property. The High Court later held the entire property was wakf, relying on a 1953 agreement, and reversed the earlier decree. In a subsequent suit, the respondents sought a de…

The appellant, a contractor, entered into a contract with the State of Madhya Pradesh to construct a hostel, but the contract was rescinded by the State alleging insufficient progress. The appellant sued for the contract price of Rs 32,000 and claimed Rs 20,000 as damages for loss of profit. The trial court decreed the…

The appellant, appointed as Office Superintendent on a one‑year probation, was served with several letters alleging misconduct, including preparation of false bills and misbehaviour with women staff, and later an informal inquiry report that labelled him of "dubious character". Despite extensions of his probation, his …

The appellant, a financial institution, obtained a decree against the respondents for a sum of Rs 5,25,451.07 plus interest, costs and future interest, payable in monthly instalments. The respondents paid instalments but claimed the payments were to be applied only to the principal, not to interest or costs. The execut…

The appellants, cooperative sugar factories, were compelled by 1972 government orders to sell sugar at a controlled price of Rs.124.59 per quintal. They obtained interim injunctions from the Gujarat High Court restraining the orders, which were later made absolute, but the writ petitions were eventually dismissed as in…

The natural mother, Priyanka, filed habeas corpus petitions in both the Rajasthan and Delhi High Courts seeking the production of her daughter Akansha, alleging the child was illegally held by her brother‑in‑law after a purported adoption. The Delhi High Court examined the legality of the registered adoption deed, foun…

The case arose from a land dispute in which thirteen accused, some armed with guns, gandasa, knives and lathis, attacked members of the complainant's party, resulting in two deaths and several injuries. The trial court convicted all accused under sections 302 and 149 IPC, sentencing them to life imprisonment, while the…

The appellant, a railway signal engineer, was suspended on 21‑January‑1982 and later compulsorily retired on 25‑November‑1992. During the suspension he received only a subsistence allowance equal to 75 % of his revised basic pay, which the President ordered to count as qualifying service for pension but for no other pu…

The case arose from prosecutions of former Tamil Nadu ministers under Section 13(1)(e) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to their known lawful income. Their relatives were also charged as co‑accused under Section 109 of the IPC, alleging they had abetted the ministers. The…

Delta International Ltd., the successor to Dewar's Garage, entered into a 1970 leave‑and‑license deed with ESSO allowing Shyam Sunder Ganeriwalla to operate a petrol station on premises it leased from Mallika Investment Co. The deed expressly stated it was a licence and not a lease, and any sub‑lease required the landl…

The State of Orissa and Orient Paper & Industries Ltd entered into an agreement granting exclusive rights to fell bamboos, which later gave rise to disputes over the measurement of bamboo quantities. The parties referred three specific questions to an arbitrator: the correctness of the Chief Conservator's determination…

The petitioners challenged a High Court order on the interpretation of Section 5(4)(a) of the Administrative Tribunals Act, 1985, contending that a Chairman who is a Judicial Member could also act as an Administrative Member on another bench. The Supreme Court examined the language of the provision, which allows a Chai…

The Supreme Court considered appeals arising from a Delhi High Court judgment that interpreted Section 19(4) of the Slum Areas (Improvement and Clearance) Act, 1956. The central question was whether the two factors listed in that subsection – (a) availability of alternative accommodation for the tenant and (b) whether …

Eastern Chemical and Minerals exported ferro‑silicon under a barter arrangement and, in return, received import licences for pesticides which it later assigned to users for consideration. The company claimed exemption from additional tax under Section 104(1) of the Income‑Tax Act, 1961, relying on Notification No. S.O.…

In the 1997 Punjab Vidhan Sabha election, three candidates, including Sunil Kumar, filed nomination papers as BJP candidates. The Returning Officer (RO) raised a suo motu objection that the BJP had set up more than one candidate and rejected all three nominations. Sunil Kumar applied under Section 36(5) of the Represen…

The hereditary trustees of six Hindu temples filed a petition under the Indian Trusts Act seeking permission to sell temple properties, which was rejected by the District Court and initially dismissed by the High Court. The High Court later allowed a review and permitted the sale, but the Commissioner under the Tamil N…

The Jain Swetambar Terapanthi Society, which runs several schools, terminated the services of its headmaster, Phundan Singh, and expelled several members. It sued for a declaration that the headmaster had ceased to hold office and for a temporary injunction restraining the expelled members from interfering with the sch…

Prem Dass was convicted under Sections 276C and 277 of the Income Tax Act for filing an incorrect return and allegedly withholding books of account. The Sessions Judge acquitted him, finding the prosecution evidence insufficient to prove the requisite mens rea and noting that the penalty imposed earlier had been reduce…

A truck carrying 120 bags of supari owned by the respondent was stopped at a checkpost in Madhya Pradesh. The sales tax authorities found that the value declared in the accompanying documents was lower than the market value and issued a notice under Section 29-A(II) of the Madhya Pradesh General Sales Tax Act, 1958, se…

The State of Uttar Pradesh issued the U.P. Coal Control Order, 1977 under Section 3 of the Essential Commodities Act, 1955, requiring licences for brick kilns using slack coal and imposing conditions on the sale, price, size and export of the bricks produced. Brick manufacturers challenged the order, and the Allahabad …

The Supreme Court examined review petitions that sought to overturn the view that Article 16(4) of the Constitution creates a fundamental right to reservation in public employment. The petitions relied on observations in Indira Sawhney that the reservation power was justified as a reasonable classification. The Court r…

The Municipal Council of Ahmednagar issued a notification under the Maharashtra Regional and Town Planning Act, 1966 on 15 May 1971 and, after a compensation award on 26 April 1976, took possession of land. The respondents, Shah Hyder Beig and others, filed a writ petition in 1992—21 years after the notification and 16…

The Supreme Court examined two sets of review petitions filed under Article 137 and Order XL of the Supreme Court Rules: one by four convicts sentenced to death for offences under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Indian Penal Code, and another by the State challenging the finding …

Hindustan Construction Co. Ltd. (HCCL) entered into a dam construction contract with the State of Bihar and furnished two bank guarantees – a Performance Guarantee to the Chief Engineer and a Mobilisation Advance Guarantee to the Executive Engineer. The State invoked both guarantees, prompting HCCL to seek an injunctio…

The CBI and the State of Haryana prosecuted V.K. Seghal, a public servant, under Section 161 IPC and Section 5(2) of the Prevention of Corruption Act, 1947 for receiving a bribe. The Special Judge convicted him and sentenced him to two years' rigorous imprisonment and a fine. Seghal appealed to the Punjab and Haryana H…

A.V. Reddy created four trusts for his grandchildren and daughter, appointing himself as sole trustee. The trusts stipulated that the corpus would be transferred to beneficiaries only after they attained a specified age, making their interests contingent and indeterminate at the valuation dates. The Wealth Tax Officer …

The State of Punjab charged Gurdeep Singh with the rape and murder of a ten‑year‑old girl. The prosecution’s case rested on an extra‑judicial confession made by the accused to a taxi driver (PW‑7) after a delay of about 24 days, and on the testimony of an uncle (RS) who claimed to have seen the accused following the gi…

The deceased Asha Kumari was found dead in a well at her marital home and was hurriedly cremated by her husband and relatives. The appellants, including Ram Saran Mahto, were charged under Sections 302, 34, 201, 342 and 379 IPC. While the trial court acquitted them of murder, it convicted them under Section 201 IPC for…

Balraj Taneja and others appealed against a Delhi High Court decree granting specific performance to Sunil Madan. The High Court had passed the decree under Order 8 Rule 10 of the CPC solely because the defendants failed to file a written statement, without examining a material factual dispute concerning an Income‑Tax …

The Supreme Court heard Civil Appeals No. 710-711 of 1991 filed by the State of Orissa and others against S.K. Agarwala and others, concerning an arbitrator's award of interest for the pre‑reference period. The core issue was whether the arbitrator could award such interest. The Court noted that this question had alrea…

The appellant purchased a bus from the fourth respondent but neither party gave the insurer the notice required under Section 103A of the Motor Vehicles Act, 1939. After the bus met with an accident, two third parties claimed compensation. The Motor Accident Claims Tribunal held the insurer liable because it had contin…

Six men were tried for assaulting and killing Raju amid a political rivalry. The prosecution alleged that the accused formed an unlawful assembly and, using various weapons, repeatedly struck the victim, leading to his death. Eye‑witness testimony of the victim's parents identified A1 as wielding a gupti and delivering…

United Bank of India filed a suit in the Calcutta High Court for recovery of a debt from one defendant and ancillary relief against two others. While the suit was pending, the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 came into force and, under Section 31, the suit was transferred to a Debts R…

Ajaib Singh, a workman, was terminated on 16 July 1974 and alleged that the employer failed to comply with the mandatory provisions of the Industrial Disputes Act, 1947. The dispute was referred to a Labour Court in 1982, which awarded reinstatement with full back wages, but the employer challenged the award in the Hig…

A.K. Mishra, a 23‑year‑old who was assisting his father’s construction firm, suffered a severe spinal injury in a motor vehicle accident and became permanently disabled. He claimed a monthly income of Rs 2,000, although no documentary proof of employment existed, and sought compensation under the Motor Vehicles Act, 19…

The appellant, a tenant, occupied a ground‑floor unit of a building in Secunderabad under a lease dated 1967. The landlord, a co‑owner, sought eviction under Section 10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, claiming a bona‑fide requirement to use the premises for his o…

The appellant, V.G. George, a mining contractor, entered into a contract with Indian Rare Earths Ltd. for the supply of raw sand. Disputes were referred to an arbitrator who awarded sums for obstruction by local parties and for a wage escalation, despite the contract assigning responsibility for landowner consent to th…

In the civil appeals filed by India Petrochemicals Corp. Ltd. (employer) and the employees arising from a Bombay High Court judgment, the employees attempted to introduce an additional affidavit dated 19 February 1999 without any court order permitting its filing. The employer did not file a reply to the affidavit. The…

In the civil appeals filed by India Petrochemicals Corp. Ltd. (employer) and the employees arising from a Bombay High Court judgment, the employees attempted to introduce an additional affidavit dated 19 February 1999 without any court order permitting its filing. The employer did not file a reply to the affidavit. The…

Hyderabad Asbestos Cement Products and another manufactured asbestos cement items using cement and asbestos fibre, each excisable under different tariff items. The company sought credit for excise duty paid on the raw materials against duty on the finished products under Rule 56A of the Central Excise Rules, 1944. The …

The Hyderabad Karnataka Education Society filed an appeal against a Karnataka High Court judgment that struck down its Rule 7A, which automatically terminates an ordinary member’s membership if the annual subscription of Rs.25 is not paid by the end of March. The respondents, former ordinary members, argued that the ru…

The Insecticide Inspector collected samples of a monochrotophos insecticide and, after a quality‑control laboratory report declared them misbranded, issued notices to the shop‑keeper and the manufacturer, Unique Farmaid Pvt. Ltd. The manufacturer requested that the samples be re‑analysed by the Central Insecticides Lab…

The Supreme Court examined three appeals concerning the applicability of the Arbitration and Conciliation Act, 1996 (the new Act) versus the Arbitration Act, 1940 (the old Act) and the Foreign Awards Act, 1961. In Thyssen Stahlunion GmbH v. SAIL (CA 6036/98), arbitral proceedings began in 1995 under the old Act and the…

Maharaja Chintamani Saran Nath Sahdeo, a proprietor of mines and minerals, received compensation under the Bihar Land Reforms Act, 1950 calculated at three times his net annual income and later accepted an additional payment calculated at ten times the income. The Member, Board of Revenue later reopened the case and or…

The Central Bank of India sued Saxons Farms for issuing three cheques that were returned unpaid due to insufficient funds. The bank sent two written notices within fifteen days, each demanding payment and warning of criminal action if the cheques were again dishonoured. After the cheques were re-presented and still bou…

The landlord (Hari Singh) sued his tenant (Kanhaiya Lal) for eviction on grounds of rent default, sub‑letting and nuisance, and also sought fixation of standard rent under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The trial court decreed eviction finding default, sub‑letting and nuisance; the app…

The landlady (appellant) sued the partnership firm W.B. Engineering Co. for eviction on the grounds of personal use and alleged sub‑letting of a residential premises let under the West Bengal Premises Tenancy Act, 1956. The tenancy began on 1‑Dec‑1965 with the firm as tenant; an employee, Mr. Tahilian, occupied the pre…

Aditya Minerals Pvt. Ltd. obtained a 15‑year mining lease with a monthly rent of Rs.35 per acre and was required to deposit an amount equal to the total rent for the lease term as a guarantee, which was adjustable against monthly rent and bore no interest. The assessee claimed this deposit as revenue expenditure for th…

The Supreme Court examined the constitutional validity of the Lotteries (Regulation) Act, 1998, particularly Section 5 which allows a State to prohibit the sale of lottery tickets organised by any other State. The Court held that State‑run lotteries remain gambling and cannot be classified as ‘trade’ within the meaning…

The appellants, twelve villagers, sought review of a 1966 settlement order passed by the Orissa Estates Abolition Collector in favour of a deity (respondent No.1) alleging that the public notice was not served as required. The Collector invoked Section 151 of the CPC to review the order, but the High Court held that th…

The deceased was killed when a dead neem tree branch, standing on municipal property, fell on his scooter. The claimants sued the Municipal Corporation of Delhi (MCD) for negligence, seeking compensation. The High Court held MCD liable and awarded Rs. 90,000, which was later enhanced to Rs. 1,44,000 with interest by th…

The petitioner Munir Alam filed a writ under Article 32 after his son Nadeem Alam was killed by police firing near the Vice‑Chancellor's lodge of Aligarh Muslim University on the night of 1‑2 October 1996. He alleged that the police investigation was biased and incomplete, and sought a fair inquiry by the Central Burea…

The State of Himachal Pradesh amended the proviso to Section 4 of the Himachal Pradesh Passengers and Goods Taxation Act, 1955 to permit a lump‑sum tax assessment based only on a vehicle’s registered capacity and distance travelled. Bus operators challenged this amendment, arguing that Section 3 requires tax to be levi…

The accused Om Prakash was charged under Section 302 IPC and Section 27 of the Arms Act for shooting Maman Ram during a village dispute. The trial court convicted him based on eye‑witness testimony, ballistic evidence and the post‑mortem report, sentencing him to life imprisonment. The Punjab & Haryana High Court acqui…

The police intercepted a truck carrying a large consignment of Mandrax tablets that had been dispatched from an Indian port to a fictitious foreign company. The appellant, the chairman of the clearing agency that took possession of the consignment during off‑loading, was identified by a police inspector through a photo…

Zunjarrao Bhikaji Nagarkar, then Collector of Central Excise, ordered confiscation of excisable goods and confirmed duty against Mis. Hari Vishnu Packaging Ltd. but did not impose a penalty under Rule 173Q of the Central Excise Rules. The Central Board of Excise directed him to appeal to the Appellate Tribunal on the q…

Vallapally Plantations Pvt Ltd owned 130.47 acres and claimed that 125 acres were exempt from ceiling‑area calculations because they were rubber plantation as of 1 January 1970 under the Kerala Land Reforms Act. The Taluk Land Board rejected the claim, held a surplus of 115.17 acres and ordered surrender; the High Cour…

In the 1997 Punjab Legislative Assembly election, Ranjit Singh (appellant) lost to Harmohinder Singh Pradhan (respondent). Singh filed an election petition alleging that Pradhan was disqualified under Section 9‑A of the Representation of People Act, 1951 because he held a subsisting contract for the sale of liquor with…

The Union of India appealed a Punjab & Haryana High Court order that set aside a non‑speaking award given by an arbitrator under Section 7‑B of the Telegraph Act, 1885, on the ground that the award lacked reasons. The respondents had challenged the award by a writ petition under Article 226 of the Constitution. The Uni…

The appellant, Sikander (Mohammad Shafiq), was convicted under Section 302 of the Indian Penal Code for stabbing his step‑mother Zohra Bi and step‑sister Guizar to death during a family property dispute. He appealed, contending that the killings occurred in a sudden fight and heat of passion, thereby falling under Exce…

The appellant, a lessor, executed a 1951 lease of a residential building together with adjoining land, expressly prohibiting the lessee from making any improvements on the land and allowing only the usufruct of existing trees. After the Kerala Land Reforms Act, 1963 came into force, the respondent, claiming to be a cul…

Rahul Subodh Windoor Ltd received a Rs 20 lakh cheque from A.K. Menon (respondent No. 2) for purchase of shares. The Custodian (respondent No. 1), appointed under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, informed the company that the money was liable to be attached as prop…

The respondent Zamindar had executed two mortgage deeds in 1947‑48 covering houses and khudkasht lands. After the Madhya Bharat Zamindari Abolition Act, 1951 came into force, the mortgagee (appellant) contended that the Zamindar could not redeem the mortgage because the Act vested all zamindari rights in the State. The…

The State of Kerala and Indian Aluminium Co. Ltd. disputed the effect of the 1983 amendment inserting Section 49(5) into the Electricity (Supply) Act, 1948. The company had a special agreement under Section 49(3) for electricity at concessional rates and enjoyed a partial exemption from electricity duty under the Keral…

The respondent, a holder of agricultural land under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, and his wife sold four parcels of land within a 15‑day period between 24‑Jan‑1971 and before the notified date. One sale was to the respondent’s father and three to others, with installment …

The Transport Corporation of India, a public carrier with its registered head office in Secunderabad, Andhra Pradesh, was covered by a notification issued by the Andhra Pradesh Government under Section 1(5) of the Employees' State Insurance Act, 1948. The corporation argued that this notification should not extend to i…

Satvinder Kaur filed a complaint alleging dowry harassment and torture by her husband Rajinder Singh and his parents in Patiala. An FIR under IPC sections 406 and 498A was later lodged in Delhi. The husband sought quashing of the FIR on the ground that the Delhi police officer lacked territorial jurisdiction to investi…

The State of Karnataka prosecuted K. Y. Reddy under Section 302 IPC for murdering his lover Rekha with a chopper inside the house of a family friend (PW‑11). The trial court convicted Reddy based primarily on the eye‑witness testimony of PW‑11, who saw the accused stab the victim, and on forensic evidence linking the b…

The respondents filed a summary suit under Order XXXVII of the CPC for recovery of Rs.85,62,500 based on a memorandum of agreement signed by the plaintiffs and the defendants. Defendants 1 and 2 applied for unconditional leave to defend, which was dismissed by the trial judge, while the trial judge granted leave to def…

The defendants appealed against a Jammu & Kashmir High Court decree ordering specific performance of an agreement to sell orchard land. The Supreme Court examined whether a penalty clause in the contract barred specific performance, whether the plaintiff was ready to perform, and whether part performance was permissibl…

The mortgagor (respondent) had mortgaged property to the appellant and, after default, the property was auctioned and the sale was confirmed. The mortgagor filed several applications to set aside the sale and its confirmation, which were dismissed, leading to appeals before the High Court. While those appeals were pend…

The respondent, Ganga Singh, first obtained an injunction against M.P. Jain and the Municipal Corporation and later filed a suit under Section 6 of the Specific Relief Act seeking possession of a tuck‑shop premises. The trial court, despite finding that the respondent was not a tenant of the appellant or his predecesso…

The appellant executed a sale deed in favour of the respondent but refused to cooperate for its registration. The respondent filed a suit for specific performance seeking registration of the deed, along with injunction or possession of the immovable property. The trial court held that the suit was not maintainable unde…

The appellants imported polyvinyl alcohol and argued that, under Section 3 of the Customs Tariff Act, 1975, they should pay the same duty rate as an Indian manufacturer, i.e., the concessional 10% ad valorem rate provided by Excise Notification No. 185 of 1983, provided the raw material (vinyl acetate monomer) had appr…

Electronics Corporation of India Ltd., a company wholly owned by the Union of India, challenged a demand for non‑agricultural land assessment levied by the Andhra Pradesh Revenue Department on land it leased from the Central Government. The company argued that Article 285 of the Constitution barred the State from taxin…

The appellant M.R.F. Ltd. challenged a consumer complaint alleging a defect in a tyre and tube that had burst. The complainant had handed the tyre and tube to the dealer, who forwarded them to the appellant, and therefore the complainant no longer possessed the goods. The District Forum was required under Section 13(1)…

Manoj was arrested in a Rajasthan NDNDPS case and bail was granted, but he remained in custody because he was subsequently arrested in a separate Madhya Pradesh NDNDPS case. The Madhya Pradesh authorities failed to produce him before a magistrate within the constitutionally mandated 24‑hour period and did not file a ch…

The Central Government sought land in Madhya Pradesh for the Bhilai Steel Plant and, under the 1925 Rules, agreed to pay the State a one‑time capitalised amount equal to 25 times the assessed land revenue, thereby obtaining exemption from further land revenue. The land was transferred to Hindustan Steel Ltd, whose succ…

The Rajasthan Government created District Rural Development Agencies (DRDAs) as societies funded entirely by the State to implement various poverty‑alleviation schemes. Employees, including Class‑III and Class‑IV staff, were appointed on temporary six‑month contracts under the State Rural Development Agency Employees S…

The contractors M.K. Shah Engineers and Chabaldas & Sons were engaged by the State of Madhya Pradesh to construct the Barna Main Dam. Their contracts contained an arbitration clause requiring a prior decision by the Superintending Engineer (SE) and a 28‑day notice to challenge it before arbitration could be invoked. Th…

The appellant, Naresh Kumari, bought a house from Kesri, the widow of Radhakishan, in 1954. The respondents, reversioners of Radhakishan, argued that the widow had only a limited right in the property before the Hindu Succession Act, 1956 and could sell only for legal necessity, rendering the sale void. The trial court…

The appellants, R. Dalmia and others, challenged assessments and reassessments made by the Revenue under Section 147 of the Income Tax Act, arguing that Section 144‑B, which provides a procedural safeguard and an extended 180‑day limitation period under Explanation 1(iv) to Section 153, does not apply to such assessmen…

Harsh Pratap Sisodia passed his intermediate examination without biology and later cleared biology, subsequently qualifying the All India Pre‑Medical/Pre‑Dental Entrance Examination conducted by CBSE. He was allotted a seat in an MBBS programme under the 15% All India Quota, but the Dean of Dr. V.M. Medical College, So…

The landlord sought eviction of two shop tenants on grounds of rent default and claimed the building was required for demolition based on Vastu Shastra advice. The Rent Controller permitted eviction and demolition without ordering reconstruction, as required by Section 12 of the Andhra Pradesh Building (Lease, Rent & E…

The Bhakra Management Board constructed a series of separate bungalows for its employees in Nangal township. The Notified Area Committee began treating each row of adjoining bungalows as a single "building" for house‑tax purposes, applying a 15% tax rate based on the combined annual rental value. The Board argued that …

The landlord (appellant) sought eviction of a tenant from two shops under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bonafide requirement to start a business for his unemployed son and asserting that he had no other suitable non‑residential accommodation. The trial court dismisse…

Airfreight Ltd., a cargo forwarding and travel services company, was directed by the Karnataka Labour Officer to pay its employees Variable Dearness Allowance (VDA) under a 1987 State Notification issued under the Minimum Wages Act, 1948 for "shops and commercial establishments". The company contended it was not a shop…

Four persons, not parties to a criminal case, filed a writ petition seeking that their statements be recorded under Sections 161 and 164 of the Criminal Procedure Code. The Orissa High Court initially directed a magistrate to record their statements under Section 164, later reversed the order and dismissed the petition…

The workmen employed in the statutory canteen of Indian Petrochemicals Corporation Ltd. filed a writ petition seeking declaration that they were regular employees of the corporation and were entitled to regularisation, pay scales and arrears. The Bombay High Court held that, relying on Parimal Chandra Raha v. LIC, the …

The landlord applied to the Prescribed Authority for eviction of the tenant on the ground of bonafide need, claiming that explanation (i) to the fourth proviso of Section 21(1) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 barred the tenant from contesting and presumed his need to be bo…

The landlord filed an eviction petition under the A.P. Building (Lease, Rent & Eviction) Control Act, 1960, claiming bonafide need for the premises. The tenant, employed in a department notified as an essential service, was transferred from Tenali to Marcherla, about 110 miles away. The Rent Controller and the Appellat…

Surindra Nath Mohanty and another were convicted under Sections 307, 326, 325, 324 and 323 read with Section 34 of the IPC. The Orissa High Court set aside the conviction under Section 307 but upheld the others, rejecting the appellants' request to compound the offences on the ground that the dispute had been settled. …

The case concerned two parcels of land, Mela and Kizha Thattimal Padugai, which were originally granted as inams in 1862 and later merged into the village of Arayapuram Thattimal Padugai. The respondents sought a declaration that the lands formed a new inam estate covered by the Tamil Nadu Inam Estates (Abolition and C…

Punjab Communications Ltd (PCL) had been shortlisted for a digital wireless telecom tender in Eastern Uttar Pradesh that was to be funded by an Asian Development Bank (ADB) soft loan. PCL alleged that senior officials conspired to sabotage the loan and the tender so that a multinational could supply an outdated analog …

The respondent, a former manager of the Bank of Cochin, was charged with sanctioning loans without adequate security or prior approval between 1977-81, leading to a departmental inquiry that found him guilty of gross negligence, a form of gross misconduct under the Bank of Cochin Service Code. The disciplinary authorit…

A High Court judge filed an income‑tax return asserting that his constitutional salary was not taxable under the Income Tax Act, 1961. The tax authorities rejected his claim and the matter reached the Supreme Court on a special leave petition. The Court considered whether the salaries payable under Articles 125 and 221…

In a Sessions trial, the accused sought to summon the police case diary of a different investigation (Cr. No.81/91) to confront a witness (PW‑5) with his earlier statement recorded under Section 161, and also prayed to recall the witness. The Sessions Judge allowed the application, but the State of Kerala and the victi…

The respondent, a retired employee of Rajasthan Agricultural University, claimed that his gratuity should be calculated on his last drawn pay including dearness allowance (DA) and ad‑hoc DA, whereas the university argued that only basic pay should be considered, relying on resolutions adopting Rajasthan State Service R…

The appellant, originally appointed as Junior Assistant in Market Committee X, was transferred and appointed as Supervisor in Market Committee Y under Rule 203 of the 1962 Rules and later regularised with satisfactory completion of probation. In 1991 the Government issued an order treating each Market Committee as a se…

The case concerned a former advocate who had become a judicial officer, was dismissed for corruption, and later sought to resume legal practice. After his resumption, members of the local bar objected and the Bar Council of India initiated disciplinary proceedings under Section 35 of the Advocates Act, alleging miscond…

The Commissioner of Income Tax, Shillong appealed against the order of the Income Tax Officer (ITO) who had reopened the assessment of Tarajan Tea Co. (P) Ltd. under Section 147(a) of the Income Tax Act, 1961, on the ground that a decision in another tea company case—holding that the sale of standing trees was a revenu…

SUGAULI SUGAR WORKS (P) Ltd., a private limited company, transferred Rs 3,45,000 from a suspense account to its capital reserve account for the assessment year 1965‑66. The Income Tax Officer included Rs 2,56,529 in the assessee's total income under Section 41 of the Income‑Tax Act, treating the transfer as a benefit o…

The Supreme Court examined the constitutionality of several reservation provisions in the Assam Medical Colleges (Regulation of Admission to Post‑Graduate Courses) Rules, 1997, specifically the NEC quota, teachers quota, and State Health Service quota, as well as the exemption of certain categories from the common entr…

The respondent filed a consumer complaint alleging that India Photographic Co. Ltd., a distributor of Kodak film rolls, sold the rolls without printing the sale price on each package, contrary to Rule 6(1)(t) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977. The District Consumer Forum, the S…

Sil Import USA issued post‑dated cheques that were returned for insufficient funds. Exim Aides Silk Exporters sent a notice of demand to the drawer by fax on 11‑June‑1996 and again by registered post on 25‑June‑1996. A complaint under Section 138 of the Negotiable Instruments Act was filed on 8‑August‑1996, beyond the …

The State of Haryana appealed against the Punjab & Haryana High Court’s acquittal of five of eight accused in a murder case involving Tek Singh and Gurdev Singh. The Sessions Court had convicted all eight under Sections 148, 149, 302 and 449 IPC based on eye‑witness testimony, medical reports and circumstantial evidenc…

The appellant, a vendor, sold two plots of land to the respondents in 1980. The respondents sued for specific performance; the trial court decreed performance, directing the respondents to deposit the balance price by March 31, 1983, and the vendor to execute sale deeds. After the decree became final, the respondents f…

Six accused were tried for murder (IPC s.302). The Sessions Court acquitted them, but the High Court on appeal convicted one under s.304(II), another under s.325 and the remaining four under s.325 read with s.149, even though the trial court had not framed a charge under s.149. The appellants contended that conviction …

The State of Tamil Nadu assessed Mahalakshmi Textile Mills Ltd. for sales tax. The assessee invoked the Deputy Commissioner’s suo motu powers under Section 32 of the Tamil Nadu General Sales Tax Act, 1959, questioning the assessment. After the Deputy Commissioner dismissed the petition, the High Court ordered a merits‑…

The Supreme Court examined a private limited company's claim for deduction of interest on loans taken to purchase rubberised machinery for the assessment years 1972‑73 to 1974‑75. The machinery had not been put to use and no depreciation was claimed, prompting the Income Tax Officer to disallow the interest deduction a…

The appellant, C.K. Raveendran, was married to Yashoda who later went missing and her body was discovered in a ravine. The prosecution alleged that Raveendran killed her, relying on circumstantial evidence such as sightings of the couple together in a jeep, the recovery of Yashoda’s wrist‑watch from Raveendran, and an …

A ten‑year‑old girl died in a truck accident on 11 March 1990 while travelling as a gratuitous passenger. Her father, brother and sister claimed compensation under the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal awarded Rs. 25,000, directing New India Assurance Company, the insurer of the vehicle, …

The accused were convicted for the murder of Joy Kutty under Section 302 read with Section 34 IPC. The Supreme Court examined whether the identification parade of Accused No.2 (Rajesh Govind Jagesha) was conducted properly, noting an unexplained delay and a change in his appearance that rendered the parade unreliable. …

The State of Himachal Pradesh appealed the acquittal of Lekh Raj and Diwan Chand for the alleged rape of a 55‑year‑old widow. The prosecution relied on the victim's testimony, her injuries, and forensic evidence of blood and semen on her torn salwar. The High Court had set aside the conviction on the grounds that the i…

The appellant, an engineer promoted on an ad‑hoc basis in 1972 pending Public Service Commission approval, challenged the seniority list that placed direct recruits appointed the same year ahead of him. The Orissa Administrative Tribunal initially held the appellant senior, but on review reversed its decision, relying …

The appellant booked a journey from New Delhi to New York with KLM (respondent No.1) and also secured an earlier connecting flight with TWA (respondent No.2). At Amsterdam, KLM staff, suspecting irregularities in his US visa (photocopy of photograph and dual bookings), delayed his onward travel for a verification proce…

The Oriental Insurance Company issued a burglary insurance policy to SAMA Yanallur Primary Agricultural Co‑op Bank covering loss of cash or jewellery kept in a "safe". A burglary resulted in the theft of a cashier's cash box containing cash and pledged jewellery. The District Consumer Forum allowed the bank's claim, bu…

Dr. B.K. Mishra (Respondent No.1) was selected for promotion to Professor under a 16‑year time‑bound scheme in 1990 with retrospective effect from 1‑Feb‑1985, but the promotion was provisional pending approval of the Bihar State University Services Commission. The Commission delayed action and later questioned the cons…

The plaintiff, Ajit Chopra (through his legal representative), purchased a property in 1957 subject to pending rent‑control litigation between the vendor and the tenant, Sadhu Ram. The tenant denied any landlord‑tenant relationship and claimed title by adverse possession, leading to a fresh eviction petition in 1969 an…

The plaintiff, successor to Tukaram Devsarkar, entered into a 1969 agreement to purchase three acres of land from Balwantrao Ganpatrao Pande for Rs.2,000, paying Rs.1,000 as earnest money and stipulating that a sale deed be executed by 15‑April‑1972. The agreement contained a clause that if either party defaulted, the …

M.L. Gokul Chand was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the General Clauses Act. He challenged the detention order through three successive writ petitions and Special Leave Petitions, all of which were dismissed. On 7 May 1983 he filed a representati…

Ashok Gangadhar Mara Tha owned a Swaraj Mazda truck classified as a light motor vehicle and insured it with Oriental Insurance. The vehicle was totally damaged in an accident, but the insurer denied the claim, alleging that the driver held only a licence for a light motor vehicle and not for a transport (goods carriage…

Life convicts filed writ petitions seeking premature release on the basis of remissions earned. The Punjab and Haryana High Court held that the applicable government policy was the one in force at the time of conviction and directed the State to reconsider the applications. On appeal, the Supreme Court clarified that r…

The petitioners, members of the Hindu Bawa community who migrated from Sindh, claimed that they were entitled to reservation benefits for Nomadic tribes under the Maharashtra Government Resolution of 21 November 1961, which listed "Gosavi" and its synonyms, including Bawa. The State of Maharashtra issued a later resolu…

The Indian Airports Employees Union filed a contempt petition alleging that the airport authority failed to regularise six sweepers employed in the car‑parking area despite a Supreme Court direction to regularise sweepers after the abolition of contract labour. The respondents contended that the six workers were not co…

The Deputy Commissioner of the Tamil Nadu Hindu Religious and Charitable Endowments Department modified a scheme of the Sri Bhavani Amman Temple under Section 45(3) of the Act, which the Madras High Court held to be beyond his jurisdiction because the scheme had been framed by a civil court under Section 64(5) and Sect…

The Divisional Level Committee and the State of Uttar Pradesh appealed against a High Court order that had upheld Harswarup Drum Udyog's claim to sales‑tax exemption under Section 4‑A of the U.P. Sales Tax Act, 1948. The respondent's application was initially rejected because the lease deed, required to be registered f…

Continental Chemicals Ltd. obtained a sales tax registration in November 1985 and made a trial sale on 1‑Nov‑1985, but only acquired permanent registration as an industrial unit on 11‑Sep‑1986 and began actual production on 3‑Mar‑1986, with its first sale on 5‑Mar‑1986. The company applied for a six‑year sales‑tax exem…

The appellant, a son of Prahalad, was a minor when the property was sold to the plaintiff on 6 February 1953. The plaintiff filed a suit for trespass in 1971, alleging that the appellant had forcibly entered the land. The trial court dismissed the suit, and the High Court examined the date on which the appellant attain…

The plaintiff, a Sikh Gurdwara, sued the heirs of a former mortgagee for possession of a notified agricultural land that had been gifted to the Gurdwara but remained in the possession of the mortgagee. An earlier suit against the local Gurdwara committee, filed within the 90‑day period prescribed by Section 28 of the S…

Mis. Modi Rubber Ltd. imported styrene‑butadiene latex and claimed exemption from customs duty under Notification No. 82/86 (as amended) which exempts raw rubber and latex. Clause IA of the notification excludes "styrene butadiene rubber and oil‑extended styrene butadiene rubber". The Customs authority denied the exemp…

The Punjab Wakf Board claimed ownership of a parcel of land that it had declared a Muslim graveyard by a 1970 notification under the Wakf Act, 1954, and sought a declaration of title. The Gram Panchayat contested the claim, asserting that the land was recorded as community property and used for common purposes, making …

Dr. Manmohan Singh, then a Union Cabinet Minister, filed Form No.1 under the Registration of Electors Rules, 1960 stating that but for his office he would be ordinarily resident in the Dispur Assembly constituency of Assam. The Election Commission questioned this declaration, initiated an enquiry and the Chief Election…

The Excise Department of West Bengal seized a large quantity of spirit and arrested several persons. Because the investigation and filing of the prosecution report extended beyond six months from the date of the alleged offence, the Department sought a magistrate’s order under CrPC Section 167(5) to continue the invest…

National Engineering Industries Ltd. (employer) had three unions: a recognised majority Labour Union, a Staff Union and a minority Workers' Union. A tripartite settlement was reached in conciliation proceedings with the Labour and Staff unions covering most demands, and the Workers' Union also received the benefits. Th…

The State of Uttar Pradesh prosecuted Udai Narain, an Additional Collector of Customs, and Reshamwala, a private individual, for allegedly receiving Rs.2 lakh in a corrupt transaction at Lucknow airport. They were charged under Sections 8, 10, 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1947 and Secti…

Respondent K.R. Pangare, a retired Deputy Engineer of the Maharashtra Public Works Department, was charged in 1990 with multiple offences under the Indian Penal Code and the Prevention of Corruption Act. Although sanction for prosecution was obtained in August 1989, he challenged the criminal proceedings before the Bom…

The case concerned an order by a Judicial Magistrate that impleaded Mis. Omprakash Shivprakash Ltd as the sixth accused in a prosecution under Section 16(1) of the Prevention of Food Adulteration Act, 1954. The appellant challenged the order, arguing that the magistrate had no jurisdiction to invoke Section 20‑A of the…

The appellant, Sukhar, was convicted under Section 307 IPC for allegedly shooting his uncle Nakkal, who later died. The prosecution relied on the FIR, the victim's statements, and the testimony of PW2, who claimed the victim identified Sukhar as the shooter after PW2 arrived at the scene. The Supreme Court held that th…

The petitioners, police officers of the Manipur Police Service, were appointed in officiating capacity under Rule 24 and later re‑appointed under Rule 5(1)(b) and Rule 16, but their officiating service was ignored in the seniority list. They challenged the order in the Gauhati High Court; a Single Judge treated their o…

Raj Kumar, a mentally retarded owner of premises, filed an eviction petition through his father who was appointed as his guardian and next friend under Order 32, Rule 1 read with Rule 15 of the CPC. The rent‑control authority dismissed the petition and the appellant sought a civil revision. The High Court set aside the…

The Steel Authority of India Ltd. (appellant) challenged an arbitral award that granted damages for delay in handing over a work site, which the contract expressly prohibited. The appellant also argued that the claim was barred by the three‑year limitation period under the Limitation Act, 1963. The Supreme Court held t…

The appellant, Lachman Das Arora, who lost the Sirsa Assembly election held on 10 May 1996, filed an election petition on 1 July 1996 challenging the election of Ganeshi Lal. The Representation of the People Act, 1951 mandates that such petitions be presented within 45 days of the election. The 45‑day period expired du…

Mysore Minerals Ltd., a private limited company, purchased seven low‑income houses from the Karnataka Housing Board, made part payment, received allotment and possession, but the deed of conveyance was not executed. The company claimed depreciation under Section 32(1) of the Income‑Tax Act, 1961 for the assessment year…

Atlas Export Industries entered into a contract for the supply of groundnut extractions that incorporated by reference the GAFTA standard contract, which contained an arbitration clause mandating disputes be resolved in London under GAFTA rules. A dispute arose, arbitration was conducted in London and an award was made…

The appellant filed an election petition on July 1, 1996, the first day after the Punjab and Haryana High Court resumed from its summer vacation, although the 45‑day limitation period had expired during the vacation. The High Court, relying on a November 27, 1995 notification that the court was not "closed" for electio…

In the 1995 Bihar Legislative Assembly election for the Bokaro constituency, the Returning Officer rejected the nomination papers of two workers, a Khalasi and a Meter Reader employed by Bokaro Steel Plant, on the ground that they were "managing agents" of the plant and thus disqualified under Section 10 of the Represe…

The State of Kerala issued notifications under Section 71 of the Kerala Revenue Recovery Act, 1968 to enable banks and the Kerala Financial Corporation to recover agricultural loans through a speedy summary procedure. The respondents argued that even if the loans were time‑barred under the Limitation Act, the Act’s pro…

The Orissa State Warehousing Corporation, a statutory body under the Warehousing Corporation Act, 1962, earned interest on fixed deposits placed with banks. The Income‑Tax Officer added this interest to its total income, holding that it was not covered by the exemption in section 10(29) of the Income Tax Act, 1961. The…