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568 judgments · newest first · showing 401–568
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 …
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 …
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 …
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 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 …
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 …
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 …
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, …
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, …
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 …
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 …
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 …
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 …
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 …
The case concerned admission to the MBBS course at Government Medical College, Chandigarh for 1998‑99, where 85% of seats were reserved for the Chandigarh pool and 15% for the All India pool. The petitioners challenged the administration’s method of first filling the Chandigarh pool and then the All …
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 …
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 …
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 …
H.S. Chandra Shekara Chari was dismissed by the Karnataka State Road Transport Corporation in July 1988. He challenged the dismissal before the Labour Court, which held that the charges against him were not proved and ordered his reinstatement with full back wages. The respondents appealed to the …
Ten persons were tried for forming an unlawful assembly and murdering Mahipal. The trial court convicted six, of whom the High Court upheld convictions of Suresh Singh and Mohinder Singh under s.302 IPC and of Chander Pal under s.304(1) IPC. The appellants argued that they acted in private defence …
The husband filed a petition for divorce on the grounds of mental cruelty and desertion, alleging that his wife removed and threw her mangalsutra, preserved copies of letters she had written to him, and sought the intervention of the Women Protection Cell under IPC 498A. The trial court granted …
The appellant, T.C. Mathai, held a power of attorney for a couple who were respondents in a criminal revision petition before the Trivandrum Sessions Court and sought the court's permission to appear and plead on their behalf. The Sessions Judge refused, stating that the request did not come from …
V. Sivaraman sued Shakunthala for a declaration of title and possession of a property. The trial court decreed in his favour, after which he sold the property to R.R. Chettriar and another purchaser, who were impleaded as respondents in the appeal filed by Shakunthala. While the appeal was pending, …
The erstwhile ruler of Kutlehar, Raja Mahendra Pal, claimed that he was entitled to receive the price of forest produce sold to the Himachal Pradesh Forest Corporation at rates fixed by a Pricing Committee, along with interest, damages and penalties, invoking a right to livelihood under Article 21. …
The husband of the appellant, Ramesh Nahar, was detained under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 3 February 1997. The detention order was not executed until 23 April 1998, a delay of more than a year, with the respondents offering …
The appellant, ArvinDA Paramila Works, a manufacturer of agarbathis, exported its products in AY 1981‑82 and paid commissions to agents located abroad for procuring export orders. It claimed a weighted deduction under Section 35B(l)(b)(iv) of the Income Tax Act, 1961, on the commission expenditure, …
The appellant, a long‑serving employee of the Orissa State Financial Corporation, was suspended in 1992 and a disciplinary enquiry was started under Regulation 44 of the Corporation’s Staff Regulations. The enquiry was not completed before his superannuation on 30 June 1995, yet the Corporation …
Kehar Singh's widow Kirpo inherited land in Pakistan and, after partition, was allotted suit land in India. Upon Kirpo's death, her daughters Santi and Indro possessed the land, which later fell under the Hindu Succession Act, 1956. After Santi's death, Indro obtained mutation of the entire land and …
The Haryana State Electricity Board (the Board) awarded a cleaning contract to a contractor, Kashmir Singh, who supplied 42 safai karamcharis. After the workers completed more than 240 days of service, they claimed permanent absorption under Section 10 of the Contract Labour (Regulation & Abolition) …
The respondents, long‑serving drill operators, were denied promotion after the 1990 Jammu & Kashmir Geology and Mining (Subordinate) Service Recruitment Rules introduced a matriculation qualification for higher posts. They filed writ petitions seeking to quash the qualification bar and to be …
Capt. M. Paul Anthony, a security officer of Bharat Gold Mines Ltd., was arrested after a police raid at his residence recovered gold items. He was suspended and a departmental inquiry was initiated, but his request to stay the inquiry pending the criminal trial was denied. The inquiry proceeded ex …
The appellant, a fishery cooperative society in Darrang District, consisted of members belonging to the Maimal Community of Cachar District. The society sought direct settlement of fishery rights under the proviso to Rule 12 of the Assam Fishery Rules, which provides such settlement to societies …
The Supreme Court examined whether the Madras Port Trust, a statutory body under the Major Port Trusts Act, 1963, should be treated as a "dealer" under the Tamil Nadu General Sales Tax Act, 1959 and thus liable to sales tax on sales of unclaimed and unserviceable goods. The State of Tamil Nadu and …
The appellant, S.S. Sodhi, entered into a construction contract with the State of Punjab and disputes arose, leading to arbitration. The arbitrator first issued an interim award on 26 November 1992 for Item No. 1 and later a final award on 28 January 1994 covering the same item. Both awards were …
The workmen of Birla Textiles filed a contempt petition alleging that the management willfully disobeyed the Supreme Court's order in MC Mehta v. Union of India directing the shift of the factory to Baddi and the grant of certain benefits. The Court found that the factory was not fully functional …
The appellant was intercepted at New Delhi Railway Station with a loaded revolver and two passports – one Indian and one Pakistani – and was charged under Section 12 of the Passport Act, 1967 and Section 5 of the Terrorist and Disruptive Activities (Prevention) Act (TADA). The Supreme Court held …
The appellant, Kochunju Nair, claimed Kudikidappukaran status under the Kerala Land Reforms Act, 1963, asserting that the land he possessed (27.5 cents) was held in co‑ownership with his wife and minor son and therefore should not be counted against the ten‑cent limit for a homestead. The Kerala …
The assessees operated large‑scale poultry hatcheries and claimed that they were industrial undertakings engaged in the manufacture or production of "articles or things" and therefore eligible for investment allowance under s.32A and deductions under ss.80HH, 80HHA, 80I and 80J of the Income Tax …
The State of Orissa issued a notification on 31 August 1976 grouping various municipal posts into a single cadre under Section 81 of the Orissa Municipal Act, 1950 and Rule 3(2) of the Service Rules, resulting in transfers of the respondents between octroi and general sections. The respondents …
The case concerned a bungalow and land in Sagar Cantonment that were recorded in the General Land Register as held on an "old grant" basis. The respondents purchased the property through four sale deeds, later amending the description from lease‑hold to old‑grant, and began construction without …
The Supreme Court considered two appeals – one by Universal Plast Ltd. (UPL) and another by Guntur Merchants Cotton Press Co. – challenging High Court rulings that licence fees and rent received from leasing out a factory, godowns and machinery were not business income under the Income Tax Act, …
Premier Cable Co. Ltd installed machinery in the previous year relevant to assessment year (AY) 1967‑68 and, under sections 33 and 80J of the Income‑Tax Act, was entitled to carry forward unabsorbed development rebate for eight assessment years and unabsorbed deduction for four assessment years. The …
Dr. Uma Agrawal, a medical officer of the Uttar Pradesh Government, retired on 30 April 1993 but did not receive her gratuity, provident fund, pension and other retirement benefits until 18 November 1995. She filed a writ petition under Article 32 seeking payment of the delayed benefits and penal …
Ferro Alloys Corp. Ltd (FACOR) sought a mining lease for chromite in Sukinda Valley after the Central Government, following a high‑power expert committee (Sharma Committee), reduced the area previously granted to Tata Iron & Steel Co. (TISCO). The Committee assessed the needs of all claimants, …
The case arose from a long‑standing rivalry between two neighbouring families over stone slabs that blocked drainage. On 5 October 1984, after a morning altercation in which the appellant's faction slapped the deceased's father, the deceased Natarajan and his brother either pursued the appellant …
V.S. Achuthanandan, a defeated CPI(M) candidate, filed an election petition against the winning candidate P.J. Francis alleging corrupt practices and illegalities in ballot counting. The Kerala High Court dismissed the petition under Section 83 of the Representation of the People Act read with Order …
The case involves the double murder of Ram Lal and his mother Gamni in a Rajasthan village. The trial court convicted six accused, including Teja Ram and Ram Lal, based on dying declarations, eyewitness accounts, and the recovery of blood‑stained axes. The Rajasthan High Court set aside the …
K. Ramakrishnan Unnithan was charged with offences arising from a violent altercation that culminated in the stabbing death of Kesava Pillai, the father of a witness. The trial court acquitted him, finding the prosecution had not proved the case beyond reasonable doubt. The Kerala High Court …
The appellant, a Tehsildar, was ordered by the District Collector to recover lease money from the respondent and, after issuing a demand notice, seized the respondent's scooter when the latter objected to the demand. The scooter was auctioned and the respondent filed a complaint under IPC s.379 …
Sirpur Paper Mills made contributions to an approved superannuation fund amounting to Rs 2,70,911 for the current year and Rs 2,14,785 for the preceding five years. The assessing officer allowed a deduction of only 80% of the contributions and spread it over five years, relying on a Central Board of …
Stonecraft Enterprises, an exporter of granite, claimed a deduction under Section 80HHC of the Income Tax Act, 1961, which allows a deduction of up to 50% of profits from export of goods, but excludes "mineral oil, minerals and ores". The Tribunal held that granite is a mineral and therefore …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 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 …
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 …
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 …
Therakhatoon purchased land in 1966 and later alleged that her neighbour, Slambin Mohammad, illegally occupied part of it and constructed two rooms in 1967. After a delay of several years, she filed a suit for possession, injunction and damages, which was initially dismissed by the trial court, …
The respondent, a partner in an industrial undertaking, claimed exemption of a parcel of land under Section 81(1)(k) of the Kerala Land Reforms Act, 1963, on the ground that it was set aside for industrial use. The District Collector later issued a notice requiring the land to be put to actual …
Jiwan Dass and Mittar Pal Yadav, employees of the Government Heat Treatment Centre, were authorized to procure 10,000 litres of light diesel oil from Indian Oil Corporation. The diesel delivered was short by 4,300 litres. The prosecution charged both under Section 409 of the IPC for criminal breach …
Samishta Dube was appointed as a typist/clerk in the City Board, Etawah on 15‑12‑1987 and terminated on 12‑04‑1988 after 3 months 27 days of service. She raised an industrial dispute under Section 4‑K of the U.P. Industrial Disputes Act, 1947. The Labour Court held that while the termination was not …
Mr. Nand Lal Balwani, an advocate enrolled with the Bombay Bar Association, shouted slogans and hurled his shoe in an open court, thereby interrupting the proceedings. He was informed that his conduct was intended to intimidate the court and was charged with contempt. Balwani filed an affidavit …
In the 1995 Puri Assembly election, both the appellant, Sri Uma Ballav Rath, and respondent No. 1 filed nomination papers as Janata Dal's official candidates. The Returning Officer, unable to determine the official candidate, treated both as independents and allotted different symbols. After a …
The Industrial Coal Enterprises (respondent) established a small‑scale manufacturing unit in Uttar Pradesh with a capital investment below Rs. 3 lakh and obtained sales‑tax exemption under Section 4‑A of the U.P. Sales Tax Act, 1948, effective from 9 August 1985. The unit later shifted to its own …
The appellant, a neighbour of a parcel of land, claimed a right of pre-emption under sub‑clause (3) of Section 16 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, after the land was gifted by his brother (the third respondent) to his sister (the fifth …
The father of the appellant executed a 1935 will granting his house to the respondent after the death of his wife, Bhagwati Bai, who was given a life interest in lieu of maintenance. In 1962 Bhagwati Bai executed a gift deed transferring the house to her daughter, the appellant. The respondent sued …
Diueet Singh was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) after customs seized a large amount of foreign currency. The State Government sent a report under Section 3(2) to the Central Government, which was …
The appellants, SAMPURNAN SINGH and others, purchased land in 1959 that had been orally mortgaged in March 1893 for Rs. 53. The mortgagee rights were sold to the respondents on 11 January 1960. The appellants filed a suit in 1980 seeking possession by redemption, but the respondents contended the …
The appellant, Wali Mohammed Khan (by legal representatives), claimed possession of a house built in a graveyard that was originally permitted for conducting Fateha and providing tobacco to Fakirs. The permission created a public Wakf, making the house an accretion to the Wakf property and placing …
Om Prakash, a 23‑year‑old BSF constable, was convicted of murdering seven members of a rival family in a pre‑meditated attack stemming from a long‑standing land dispute. The trial court sentenced him to death, which the High Court upheld. On appeal, the Supreme Court examined whether the case …
The Supreme Court examined the interpretation of the 6:1:2 quota rule for promotion to Group A posts in the Indian Customs and Central Excise Service, which allocates vacancies among three feeder categories. Petitioners argued that the ratio must be maintained at all times and that vacancies created …
The Supreme Court heard a public‑interest litigation filed against the State of Jammu and Kashmir concerning the conduct of the annual Amarnath Yatra. The Delhi High Court had directed the State to keep the Balta route permanently open, akin to the Vaishno Devi route, and to improve the traditional …
Rabindra Kumar Nayak, an advocate, was provisionally appointed as Assistant Public Prosecutor under the Orissa Law Officers Rules, 1971 and CrPC, 1973. While holding this post he was elected as a member and subsequently as Chairman of Moroda Panchayat Samiti. A rival candidate filed a petition under …
M. Krishna, a Class‑I officer of the Karnataka Administrative Service, was investigated in 1989 for possession of disproportionate assets under the Prevention of Corruption Act, 1988, resulting in a ‘B’‑form that was accepted by a Special Judge and his attached properties were released. In 1995 a …
Ranjit Singh, a stenographer of a High Court judge, forged a bail order that was never signed by the judge to obtain bail for an accused. He was convicted under IPC Sections 466 and 468 for making a false document and for forgery of a court record, while the Sessions Court granted him probation …
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 …
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 …
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 …
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 …
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 …
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, …
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, …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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. …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
Marshall Sons & Co. (I) Ltd., the landlord, obtained a decree for eviction against four defendants for non‑payment of rent and unlawful sub‑letting. The decree was not executed, and the respondents continued to occupy the premises. The respondents later filed a declaratory suit claiming tenancy …
Mohan Singh and Kailash Singh were convicted of murder under Section 302 read with Section 34 of the IPC, with Mohan Singh also convicted under the Arms Act. They appealed, challenging the post‑mortem finding of blackening under the wound, the reliability of eyewitness identification in low light, …
The petitioners, manufacturers including Eicher Motors Ltd., challenged Rule 57F(4A) of the Central Excise Rules, 1944 which mandated that MODVAT credit unutilised as on 16 March 1995 would lapse. They argued that the credit represented a vested right under the existing law and that Section 37 of …
The appellants entered into an agreement for sale of a flat under Section 4 of the Maharashtra Ownership Flats Act, paid the required registration fee and later had the agreement impounded with a demand for stamp duty under Section 32A of the Bombay Stamp Act. They contended that the document was …
The Supreme Court considered appeals filed by the Andhra Pradesh Pollution Control Board challenging the High Court's order granting consent to a company to set up a castor‑oil derivatives plant near the Himayat Sagar and Osman Sagar catchment areas. The Board argued that the industry fell in the …
The State of Gujarat issued notifications under Section 16 of the Gujarat Industrial Development Act, 1962 declaring the Kaloi Industrial Area a notified area under the Gujarat Municipalities Act and simultaneously excluded it from Saij Gram Panchayat under the Gujarat Panchayat Act, 1961, along …
The appeal involved two convicted persons: the first under Section 326 of the IPC (a non‑compoundable offence) and the second under Section 324 IPC (compoundable with court permission). Both parties sought to compound the offences after reaching a settlement. The Supreme Court held that Section …
Miss Sardar Construction Co. entered into a works contract with the State of Gujarat and an arbitration award was made before 1 January 1994, the date on which the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 came into force. The award had not become final when the Act …
The Supreme Court examined a murder case where Sanjiv Kumar was seen entering and exiting the victim's house with a knife, was found with blood‑stained clothes, and a knife bearing human blood was recovered from his residence. The prosecution relied on circumstantial evidence, including the recovery …
The appellant entered into a construction contract with the respondent that contained clauses making the decisions of the Executive Engineer and the Managing Director final and binding on the parties. Disputes arose over payments and work, and the appellant sought appointment of an arbitrator under …
The appellant, Anil R. Deshmukh, filed an election petition challenging the election of Onkar N. Wagh to the Maharashtra Legislative Assembly, alleging corrupt practices. The petition required an affidavit under the proviso to Section 83(1)(c) of the Representation of the People Act, 1951. The …
The appellant G. Puttaswamy was declared elected after a recount ordered by the Returning Officer, which the respondent H.D. Revanna challenged, alleging that the recount violated Rule 63 of the Conduct of Election Rules, 1961 and that the appellant committed corrupt practices under Sections 100 and …
State Bank of India filed a suit for recovery of money against Y. Venkateswara Rao, obtaining a preliminary decree in its favour which was upheld by the District Court. After the decree, Section 21-A was inserted into the Banking Regulation Act, 1949 by the Banking Laws (Amendment) Act, 1984, …
The Apparel Export Promotion Council dismissed A.K. Chopra, a private secretary, for repeatedly attempting to molest a junior female employee, Miss X, by making unwelcome sexual advances and trying to touch her despite her objections. A departmental enquiry found the conduct amounted to sexual …
The Secunderabad Hyderabad Hotel Owners Association challenged the increase in trade licence fees for lodging houses, hotels and related establishments imposed by the Hyderabad Municipal Corporation under Section 622 of the Hyderabad Municipal Corporation Act, 1955, through orders dated 6 April 1981 …
V.C. Perumal, a directly recruited police officer, challenged the year his name was placed on the select list for promotion to the Indian Police Service, arguing it should have been in the 1977 list rather than the 1978 list. The Court examined Regulation 5 of the IPS (Appointment by Promotion) …
Utkal Commercial Corporation entered into a contract with Central Coal Fields Ltd to supply alumina ferric, which expired in August 1975. A dispute arose and the appellant served a notice on 12 September 1976 demanding the respondent concur in the appointment of an arbitrator under Section 8 of the …
The plaintiff, Cheriyan Sosamma, held a usufructuary mortgage over a property that had earlier been leased to her husband Abraham Cherian. After the husband's death, the landlord sought redemption of the mortgage, claiming that the lease merged with the mortgage and thus the lessee's rights were …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
Utkal University advertised a Reader position in Oriya and formed a selection committee that recommended Dr. Surendranath Dash, who was appointed. Unsuccessful candidate Dr. Nrusingha Charan Sarangi filed a writ challenging the selection on three grounds: the D.Litt degree he obtained after the …
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 …
