Judgments of 2000

The Nizam created a trust to fund his Haj pilgrimage and related religious activities abroad; after his death the trust became a public charitable and religious trust. Government restrictions prevented sending money overseas, so the trustees resolved to spend the trust's income within India and obtained an order under …

Tamil Nadu Newsprint and Papers Ltd. imported machinery under a specific contract registered with customs under tariff heading 84.66 and had already received concessions on basic and additional customs duties under Notification 268/76. The company later claimed a total exemption from auxiliary duty under Notification 6…

The appellant imported seven hard disk drives pre‑loaded with computer software. Customs classified the consignment under heading 84.71 of the Customs Tariff Act, 1975, attracting a 25% duty, whereas the appellant contended that the goods should fall under heading 85.24, attracting only 10% duty as computer software. T…

The Supreme Court examined whether an order issued by the Chief Justice of a High Court under Section 11 of the Arbitration and Conciliation Act, 1996—directing the appointment of arbitrators and deciding preliminary issues—constitutes a judicial order or an administrative one, and consequently whether it is amenable t…

Shamsher Khan was convicted for manufacturing and storing bombs in his Delhi house, which later exploded, killing three and injuring many. He was sentenced under IPC sections 304, 308, 120‑B, TADA sec. 5 and Explosive Substances Act sec. 4(b). On appeal he challenged the culpable homicide convictions, arguing that his …

Sukhdev Singh Gill, a former Superintendent in the General Reserve Engineer Force (GREF), sought to have his service counted as "military service" for seniority purposes under the Punjab Government National Emergency (Concession) Rules, 1965. The High Court rejected his claim and dismissed his writ petition, leading to…

The plaintiff filed a suit for permanent injunction and simultaneously obtained an ex parte temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure. The trial court’s order required the plaintiff to give notice and deliver documents to the opposite party as mandated by the proviso to Rule 3, bu…

The appellant State Bank of India dismissed its Head Cashier, T. Arun Kumar Banerjee, after a domestic enquiry found him guilty of misappropriating Rs.1,000 received in excess from a customer. The Central Industrial Tribunal set aside the dismissal, relying on the non‑examination of the customer, non‑production of the …

The respondent, originally appointed as Assistant Engineer on an ad hoc basis in 1980, was later regularised in 1982 after selection by the Haryana Public Service Commission. He sought selection‑grade pay under Government of Haryana circulars dated 2 June 1989 and 16 May 1990, claiming that his continuous service from …

Ravinder Singh, who lost the 1997 Punjab Legislative Assembly election to Janmeja Singh, filed an election petition alleging two corrupt practices: bribery under Section 123(1)(A)(b) and false statements under Section 123(4) of the Representation of the People Act, 1951. The High Court dismissed the petition at the thr…

The Kerala Forest Tribunal held that a 1,020‑acre tract of private forest did not vest in the Government. The State of Kerala appealed to the High Court, which dismissed the appeal on 17‑Dec‑1982. No statutory remedy of appeal, revision or review was then available, so the State filed a Special Leave Petition (SLP) und…

The Food Inspector purchased a sample of toor dal and, after a Public Analyst reported it adulterated with kesari dal, filed a complaint under the Prevention of Food Adulteration Act. The respondent challenged the prosecution, arguing that a fresh sanction under Section 20 was required when a later certificate from the…

The Kerala State Electricity Board entered into a contract with contractor Kurien E. Kalathil for dam construction. After a 1983 government notification raised minimum wages, the Board paid labour‑escalation amounts to the contractor until December 1984, but stopped payments from January 1985, claiming the notification…

Gauri Shankar Prasad, a Sub‑Divisional Magistrate, entered a complainant's clinic to enforce a court‑ordered removal of encroachments on government land, used abusive language and dragged the complainant out. The complainant filed a criminal complaint alleging offences under Sections 323, 504 and 452 IPC, and the Addit…

The appellant, M. Ramalinga Thevar, challenged a notification under Section 4(1) of the Land Acquisition Act, 1894. While his writ petition was pending, the government issued a declaration under Section 6, but the Land Acquisition Collector passed the award more than two years after the declaration. The High Court excl…

The State of West Bengal, having acquired land under the Estates Acquisition Act, 1953, was ordered by a Land Acquisition Judge to pay compensation to certain claimants. The State later discovered that the claimants had no title to the land and sought to vacate the interim payment order of the Calcutta High Court. The …

The appellant, a defeated candidate, filed an election petition challenging the Rajya Sabha election of the respondent on alleged corrupt practices, including bribery, undue influence, and the appointment of party‑affiliated persons to state corporations. The petition was found to lack material facts, material particul…

The appellant, Kumaon Mandal Vikas Nigam Ltd., terminated the respondent, General Manager G.S. Pant, after a departmental enquiry that was conducted without providing charge‑sheet documents, without a proper hearing, without a presenting officer, and without allowing cross‑examination. The respondent alleged bias and m…

The State of Delhi charged Gyan Devi, her mother‑in‑law and husband with culpable homicide not amounting to murder (IPC 304/34) in the death of Sudesh. The High Court, on a revision petition, directed the trial court to record only medical evidence and then quashed the charge under Section 304/34 using its inherent pow…

The Supreme Court examined the murder of jeweller Gulshan Makhija, in which Manish Dixit (A2) and Sharad Dhakar (A1) were accused. The Court considered whether a hotel register entry could be treated as a "book of accounts" under Sec. 34 Evidence Act, the evidentiary weight of the accused's absconding, the legality of …

The Supreme Court examined a public‑interest writ petition challenging the construction of the Sardar Sarovar Dam on the Narmada River. The petitioners argued that the environmental clearance granted in 1987 was invalid, that the height of the dam should be reduced, and that the relief and rehabilitation measures for d…

The Supreme Court examined a batch of land acquisition proceedings under the Land Acquisition Act, 1894, where the Delhi Administration and DDA sought to enforce acquisition of land in several villages. The Court held that claimants who did not file objections to the Section 4 notification cannot challenge the Section …

The Consumer Action Group filed writ petitions under Article 32 challenging the constitutional validity of Section 113 of the Tamil Nadu Town and Country Planning Act, 1971 and the exemption orders issued under it, alleging ultra‑vires delegation of legislative power and arbitrary exercise without recorded reasons. The…

The Supreme Court examined appeals concerning surplus agricultural land taken over by the State under the Andhra Pradesh Land Reforms (Ceiling and Agricultural Holdings) Act, 1973. The appellants, who had either surrendered or were deemed to have surrendered surplus land that included forested areas, claimed that the f…

The plaintiff entered into a sale agreement with the first defendant on 27 July 1971 for a godown, paying an advance and agreeing that the sale deed would be executed within 90 days. The first defendant reneged and sold the same property to defendants 2‑5 on 9 November 1971. The plaintiff sued for specific performance.…

The partnership firm V.H. Patel & Co. and its members sued former partner H.H. Patel for declaration that a retirement deed was void and for injunction against his use of three trademarks. The parties entered a consent order referring all disputes arising from the partnership agreement, retirement deed, trademark use a…

Raghbir Singh was convicted under Section 302 IPC for the murder of Arjun Singh after eyewitnesses Nasib Singh and Banarsi testified that the appellant shot the victim. The appellant challenged the conviction on three grounds: the alleged delay in filing the FIR, the alleged non‑presence of the eyewitnesses at the hosp…

The landlords owned a property in Ujjain and let three rooms to the tenant at Rs.60 per month. The tenant defaulted on rent for March‑July 1976 and produced forged receipts; the landlords gave notice of termination for arrears and nuisance and sued for eviction under Section 12(1)(a) of the Madhya Pradesh Accommodation…

The respondent, a Divisional Engineer in the Telecom Department, had his promotion placed under a sealed cover because of pending CBI investigations into serious financial misdemeanors. After the investigation, the Government granted formal sanction to prosecute him, but the Departmental Promotion Committee (DPC) had a…

Sham Singh, the sole owner of a 47-kanal land, executed a will bequeathing two‑thirds of the property to his brothers and one‑third to his widowed daughter, Balwant Kaur, as a life interest that would revert to the brothers on her death. The daughter, a destitute dependent of her father, claimed full ownership of the o…

The Supreme Court examined a dispute arising under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 where Standard Chartered Bank claimed that shares and securities pledged by broker Hiten Dalal were its security against a loss of Rs. 280.80 crore. The Court held that the bank had …

The appellant purchased a house at a court auction in execution of a mortgage decree. The respondents, who were judgment‑debtors, filed an application under Order 21 Rule 90 of the CPC seeking to set aside the sale on the ground that the property was not saleable for 15 years due to a lease restriction. The District Mu…

The Himachal Pradesh Ceiling on Land Holdings Act, 1972 exempts tea estates from its provisions. Under Section 26 the State Government framed rules in 1973, and in 1986 added a proviso to Rule 3 prohibiting transfer of land subservient to tea plantations without government permission. A 1990 circular further directed r…

Madhya Bharat Papers Ltd., a new paper manufacturing unit in Madhya Pradesh, claimed exemption from sales tax on inter‑state sales under a State Government notification issued under Section 8(5) of the Central Sales Tax Act, 1956. The notification required that a dealer be "registered under the Central Sales Tax Act". …

Mohammed Idris Ali filed an election petition challenging the 1996 election of Mustafa Shahidul Islam to the Assam Legislative Assembly. He later applied to withdraw the petition under Section 109 of the Representation of the People Act, 1951, and the withdrawal notice was published in the Official Gazette on 20 Septem…

The Bangalore Development Authority (BDA) had made a bulk allotment of 604 sites to the Legislators' Housing Co-operative Society between 1981 and 1987 under Section 38B of the Bangalore Development Authority Act, 1976. A writ petition challenged the validity of the bulk allotment and the subsequent transfers of those …

The Supreme Court examined disciplinary punishments imposed on four Delhi Development Authority officers, including Om Kumar and Virendra Nath, for alleged misconduct in the allotment of land to Skipper Construction. The petitioners argued that the punishments were not proportionate to the gravity of the offences and s…

The petitioner, a judicial officer of the Haryana Judicial Service, was transferred by the High Court in 1997 to serve as Presiding Officer of an Industrial Tribunal‑cum‑Labour Court. He argued that, under Section 7‑C of the Industrial Disputes Act, 1947, he could remain in that post until the age of 67, even though th…

The case concerned a residential dwelling house that had been transferred through several generations and eventually a 1/9 share was sold to Gautam Paul, who was not a member of the undivided family that owned the house. Debi Rani Paul and Radha Rani Paul, members of that family, filed a suit for partition and invoked …

The appellant, a public servant appointed as a duty magistrate, ordered open firing to disperse a mob at an encroachment site, resulting in one death and injuries. A private complaint was filed alleging multiple offences under the IPC and the Arms Act, and the Chief Judicial Magistrate took cognizance and issued non‑ba…

Sri Jagatram Ahuja, a retiring partner of a firm, executed a release deed whereby he transferred his rights in the firm's assets to his brother for Rs. 3,00,000, although the market value of his share was higher. The Gift Tax Officer treated the excess as a gift and levied tax, a decision upheld by the Commissioner (Ap…

The petitioner, a daughter of a landholder who filed a declaration under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, was a minor on the reference date of 1 January 1975 and was part of her father's family unit. Excess land in the father's holdings was identified and he was required to …

The Union of India entered into a construction contract with M/s Popular Builders, who after completing the work, accepted a final bill without objection and received payment. The builder later claimed additional work not covered in the final bill and, at its request, an arbitrator was appointed who awarded the claim i…

National Fertilizers Ltd. awarded a works contract to Puran Chand Nangia for 48% of a Rs. 3.39 crore project. The contract contained a clause that quoted rates would remain firm for variations up to ±25% of the contract price, beyond which market rates could apply. After the work was varied both upwards and downwards, …

The Central Bureau of Investigation (CBI) filed a criminal appeal against a Karnataka High Court order that discharged two of six accused, including former Chief Minister Bangarappa and his private secretary Suri Babu, in a case under the Prevention of Corruption Act, 1988 and IPC section 120‑B. The trial court had ear…

The Supreme Court examined the constitutional validity of Section 9(3) of the Mines and Minerals (Regulation and Development) Act, 1957, which authorises the Central Government to fix, alter or reduce royalty rates on minerals. The appellants argued that royalty is not a tax and that Parliament lacks power under Entry …

A.C. Thalwal, a former Air Force officer, joined the Himachal Pradesh Judicial Service under the ex‑servicemen quota and sought to have his 11 years of approved military service counted for seniority and pay fixation under the Ex‑Servicemen (Reservation of Vacancies in H.P. Judicial Service) Rules, 1981. The High Court…

The Supreme Court considered an execution petition filed in the Andhra Pradesh High Court under Section 44‑A of the Civil Procedure Code to enforce a money decree passed by the English Admiralty Court against the owner of the vessel M.V. Al Quamar. The appellant argued that Section 44‑A could not be invoked because Sec…

The Range Forest Officer seized a jeep and a lorry along with forest produce for being transported without a permit under the Karnataka Forest Act, 1963. The authorized officer ordered the jeep’s release on the condition that the respondent furnish an irrevocable bank guarantee, but the respondent sought unconditional …

A school teacher alleged that the headmaster and a co‑teacher of her school gang‑raped her on 9 July 1994. She reported the incident to her family and later to the police, who recorded her statement eleven days after the incident. She subsequently committed suicide in December 1994. The trial court and the High Court c…

The United Provinces Electric Supply Co. (assessee) had its electricity undertakings compulsorily acquired by the Uttar Pradesh Government under the Indian Electricity Act, 1910. The government paid Rs. 3,35,84,552 as compensation, which the assessee accepted under protest while pending arbitration for the final amount…

The State Bank of India (SBI) was challenged by its Canteen Employees' Union, which claimed that canteen staff employed by Local Implementation Committees (LIC) under SBI's welfare scheme were de facto SBI employees and should be absorbed. The Industrial Tribunal held there was no employer‑employee relationship because…

The Supreme Court heard Special Leave Petitions filed by dairy owners (including Ramji Patel) who had set up dairies in the villages of Lalpur and Gwarighat, which were earlier listed as "excepted villages" under the Madhya Pradesh Cattle (Control) Act, 1978. The petitioners argued that a municipal resolution dated 21‑…

In a mortgage suit, a preliminary decree dated 18 November 1968 ordered the defendants to pay Rs.24,000 in four annual instalments, with the first instalment due on 31 March 1969. The decree allowed the plaintiff to apply for a final decree for sale of the mortgaged property upon any default, subject to Section 34 of t…

The case concerned the status of trustees of the Sri Kothandaramaswami temple after successive statutory reforms. The founder in 1915 appointed his brother‑in‑law as successor, who later created a board of five trustees by will in 1941. After the 1951 Tamil Nadu Hindu Religious and Charitable Endowments Act repealed th…

The Supreme Court examined whether the order of the Appropriate Authority under Sections 269‑UD, 269‑UC and 269‑UE of the Income Tax Act, 1961, for the pre‑emptive purchase of an immovable property was valid after the Court had set aside a High Court judgment. The petitioners argued that the Central Government had not …

The petition challenged the Andhra Pradesh High Court's order that an application for exemption under Section 20(1)(a) or 20(1)(b) of the Urban Land (Ceiling and Regulation) Act, 1976 could be filed even after excess land had been declared and vested in the State under Section 10. The State argued that once the excess …

The appellants, industrial consumers, had entered into contracts with the Madhya Pradesh Electricity Board requiring them to pay a minimum guaranteed charge equivalent to 40% of the contract demand, irrespective of actual consumption. They challenged the Board's demand for these charges, arguing that the Board had not …

A Shillong-based company lodged an FIR alleging that a Mumbai-based company had cheated it of Rs 9 crore. The investigation stalled, and the Guwahati High Court directed the complainant to deposit funds for the police investigation, a direction upheld by the division bench. The State of Meghalaya appealed, arguing that…

The deceased holder of several National Savings Certificates (NSC) died, and his widow and daughter sought a succession certificate under s.370 of the Indian Succession Act for the debts and securities, including the NSCs where the deceased had nominated his brother and step‑brother as nominees. The trial court exclude…

The State of Uttar Pradesh appealed the Allahabad High Court's acquittal of Ashok Dixit and Chaman Lal, who had been convicted by a Sessions Court for murder (IPC s.302), attempt to murder (IPC s.307) and illegal possession of arms (Arms Act s.25). The prosecution relied on eyewitnesses, a child witness, ballistic and …

The trustees of H.E.H. The Nizam's Supplemental Family Trust filed a return for AY 1962‑63 in 1964 together with a Section 237 refund claim for tax deducted at source. The Income‑Tax Officer neither granted the refund nor communicated any final decision, but later recorded a note on 10‑Nov‑1965 stating that credit for …

Tata Iron and Steel Co. imported equipment and associated engineering documents under three contracts (MD 301 for documents, MD 302 for equipment, and an umbrella contract). The customs authority issued show‑cause notices alleging that the value of the engineering documents should be included in the customs value of th…

The land was jointly owned by Nand Lal and Bassia; Bassia sold his undivided share to three persons. Suram Singh, son of the other joint owner, filed a pre-emption suit which was decreed in his favour and he deposited the required amount. He later sued the purchasers' successors for a declaration of ownership, and the …

A dacoity and murder occurred on 9 June 1985 in the house of informant Bhupendra Mohan Singh. Nine persons were charged under IPC Sections 396 and 412; the trial court convicted five and acquitted four, a decision upheld by the High Court. Three of the convicted—Mahmood, Mokid Alam and Post Card (Jagdish Mehto)—appeale…

The respondents, former employees of the State of Punjab who retired before 31 March 1985, sought higher pensionary benefits based on a Government of Punjab notification dated 9 July 1985 that granted enhanced dearness allowance and related benefits to employees retiring on or after that date. The Punjab & Haryana High…

The Consumer Education and Research Society challenged a Gujarat State Legislature resolution and a subsequent government notification that reduced the area of the Narayan Sarovar Chinkara Sanctuary from 765.79 sq km to 444.23 sq km under Sections 18(1) and 26A(3) of the Wild Life Protection Act, 1972. The petition sou…

Sarita Sharma and Sushil Sharma, married in 1988, were involved in divorce proceedings in a Texas court which intermittently granted custody of their two minor children to the father and limited the mother to visitation. While the divorce was pending, the mother exercised her visitation rights and removed the children …

The Supreme Court examined disputes arising from Power Purchase Agreements (PPAs) and Memoranda of Understanding (MOUs) between independent power producers (IPPs) and the Madhya Pradesh Electricity Board (MPEB) concerning escrow protection and tariff determination. The IPPs claimed the PPAs were statutory contracts tha…

The petitioners, detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), challenged the computation of their preventive detention period and the effect of parole on that period. The Supreme Court examined whether the period of detention runs from the date of actu…

Advocate S.K. Sundaram sent a telegram to Chief Justice of India A.S. Anand on 3 November 2000 demanding his resignation, threatening criminal complaints under IPC sections 420, 406, 468 and 471, a writ of quo‑warranto and a demand for Rs 3 crore. He later filed a criminal complaint before a magistrate, attaching the t…

In 1971 a labour dispute arose at Amalgamated Electricity Co. Ltd., where some workers abstained from work and were denied re‑employment when the company resumed operations. After the Karnataka Electricity Undertaking (Acquisition) Act, 1974, the Karnataka Electricity Board (the appellant) took over the company's asset…

The Collector of Customs appealed against the classification of de‑oiled rice bran extraction, niger seed extraction of tapioca chips and sesame seed extractions as "animal feed" under Tariff Heading No. 21 of the Customs Tariff Act, 1975, which would attract export duty. The Customs, Excise and Gold (Control) Appellat…

The landlord, who had settled abroad, filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, claiming a bona‑fide requirement for the premises as his residence. The tenant applied for leave to defend the petition, but the Additional Rent Controller refused, treating the application as a merits…

The petitioners, senior judicial officers in Bihar, challenged a High Court order that denied them the benefit of extending their superannuation age from 58 to 60 years, arguing that the Supreme Court’s directions in the All India Judges' Association cases automatically conferred such a right. The Court held that the S…

The President, under the States Reorganisation Act, 1956, established a permanent bench of the Rajasthan High Court at Jaipur and defined its territorial jurisdiction over eleven districts, while retaining a discretionary power to transfer cases to the principal seat at Jodhpur. The Acting Chief Justice later issued an…

The dispute concerned whether two prior mortgagees, who had become landlords after purchasing the mortgagee's interest, could retain possession of agricultural land as tenants after the mortgage was redeemed by the owners. The owners (appellants) obtained a decree for redemption and possession, which the lower courts a…

The deceased, Jameela, was allegedly pregnant by the appellant Saju and refused to abort the pregnancy. She was later stabbed to death by accused No.1 (Biju). The prosecution alleged that Saju conspired with Biju to murder her, securing convictions under Sections 109, 120‑B and 302 IPC. On appeal, the Supreme Court exa…

The appellant Kshetriya Kisan Gramin Bank, an RRB sponsored by Uttar Pradesh Co‑operative Bank, challenged a High Court order that directed its officers to receive the same pay scales as officers of other RRBs sponsored by nationalised banks. The dispute originated from employees' petitions for pay parity with national…

The Supreme Court examined whether commissions payable to managing directors of Sarangpur Mills, which were used to purchase deferred annuity policies, should be treated as taxable salary under Section 17 of the Income Tax Act, 1961. The Board of Directors had passed resolutions directing that the commissions be expend…

The East India Hotels Ltd. challenged an assessment that taxed sales made in the restaurants of its hotels under the Delhi Sales Tax Act, 1975. The appellant argued that food served in a hotel restaurant does not constitute a "sale" of goods and that Section 4(1)(c) of the Act applies only where cabaret or similar ente…

A bus conductor was dismissed after a departmental inquiry found him guilty of issuing short‑distance tickets to eleven passengers. The dismissal was challenged before the U.P. State Public Services Tribunal, which upheld it, and subsequently before the Allahabad High Court, which reinstated the conductor with only 25%…

The appellant mortgaged an industrial plot and failed to deposit the decree amount, leading to a foreclosure suit and auction of the property. The auction sale was confirmed by the trial court, but the appellant challenged it under Order 21 Rule 90 and later deposited amounts during the pendency of appeals, claiming pr…

The U.P. State Road Transport Corporation removed driver Subhash Chandra Sharma from service for a serious misconduct involving intimidation of an assistant cashier while intoxicated. The Labour Court, after finding the departmental inquiry valid, substituted the removal with a lesser penalty of one wage‑increment stop…

The Uttar Pradesh Sales Tax (Amendment) Act, 1995 amended sections 3‑A and 4 of the U.P. Sales Tax Act, 1948 to make the turnover of rectified and denatured spirit taxable. The Trade Tax Tribunal had earlier held such turnover non‑taxable for assessment years 1974‑75 to 1983‑84. The Revenue filed review applications un…

Mahendra Mills, a company, did not claim depreciation in its return for the assessment year 1974-75 and also failed to furnish the prescribed particulars under Section 34 of the Income‑Tax Act. The Income‑Tax Officer nevertheless allowed a depreciation deduction, which was set aside by the Commissioner of Income Tax (A…

The case concerned whether technicians appointed before 1 January 1986 were entitled to have their training period counted for salary increments under Government O.M.s dated 22 Oct 1990 and 31 Mar 1992. Different benches of the Central Administrative Tribunal (CAT) had given conflicting rulings, with the Bangalore, Jab…

The petitioners, all serving life sentences, had completed twenty years of continuous detention including any remission and sought premature release under the West Bengal Rules. Their applications were rejected by the Government of West Bengal primarily on police objections concerning the likelihood of reoffending. The…

In the election for President of a Zila Parishad, three candidates received 14, 10 and 7 first‑preference votes respectively, with a quota of 16 votes required for election. After eliminating the lowest‑scoring candidate and adding second‑preference votes, the two remaining candidates each had 15 votes, still short of …

The Bombay Burmah Trading Corporation, an Indian resident company engaged in tea export, claimed a weighted deduction under Section 35‑B of the Income‑Tax Act for Rs 1,95,935 spent on exporting tea from East Africa to the United Kingdom. The Income‑Tax Officer disallowed the claim on the ground that Section 35‑B applie…

The appellants, companies whose cheques were dishonoured, were prosecuted under Section 138 of the Negotiable Instruments Act. After the complaints were filed, they obtained a declaration from the Board for Industrial Finance and Reconstruction (BIFR) that they were "sick" companies under the Sick Industrial Companies …

The Supreme Court examined whether a company that issued a cheque, which was later dishonoured, could avoid criminal liability under Section 138 of the Negotiable Instruments Act by invoking the provision of the Companies Act that makes any disposition of its property void after a winding‑up petition is presented. The …

The Supreme Court entertained a writ petition under Article 32 seeking effective solid waste management in Delhi, noting that earlier directions in Dr. B.L. Wadhera v. Union of India had not been implemented. The Court observed that no landfill sites had been identified, compost plants were not constructed, and daily s…

The legal heirs of a deceased motor‑vehicle accident victim claimed Rs 2 lakhs from Oriental Insurance Co. Ltd., the insurer of the auto‑rickshaw that caused the death. The insurer argued that its liability was capped at Rs 50,000 under the insurance policy, while the claimants relied on Section 96 of the Motor Vehicle…

Ramon Services Pvt. Ltd., a tenant, faced an eviction suit. On the scheduled trial date, the firm's advocates did not appear because of a lawyers' strike, leading the trial court to pass an ex‑parte decree against the appellant. The appellant's applications to set aside the decree and the subsequent appeal were dismiss…

The Central Government referred a dispute under Section 10 of the Industrial Disputes Act, 1947 to an Industrial Tribunal to determine whether the termination of 26 State Bank of India employees was justified and what relief they were entitled to. The Tribunal awarded reinstatement but was silent on back wages. The emp…

Sunil Industries, a sole‑proprietor workshop shaping steel sheets, employed Ram Chander Pradhan as a press operator. While operating a press, Pradhan suffered injuries to his right index finger and thumb, leading to amputation of part of the finger. He filed a claim under the Workmen's Compensation Act, 1923 and was aw…

The Union of India claimed ownership of land that had been sold at public auction to Mis. Mundra Salt & Chemical Industries and later acquired by the State of Maharashtra for a highway. The Union relied on Section 37 of the Bombay Land Revenue Code, 1879, which presumes Crown ownership where title is not established. T…

Kirloskar Consultants Ltd, a consultancy firm registered as a commercial establishment under the Bombay Shops and Establishments Act, was informed by the Employees' State Insurance Corporation (ESIC) that it was covered by the Employees' State Insurance Act, 1948 as a 'shop'. The firm began paying contributions but lat…

Mis Eicher Tractors Ltd imported a five‑year‑old stock of bearings from a Japanese vendor at a 77% discount and declared the price actually paid in its Bill of Entry. The Assistant Commissioner of Customs rejected the declared value, deeming the discount abnormal, and instead fixed the value using the vendor's price li…

Consolidated Coffee Ltd. appealed against a penalty notice issued under Section 42 of the Karnataka Agricultural Income Tax Act, 1957, for the period during which a stay of tax recovery was in operation. The assessee had filed appeals against assessments for the years 1981-82 to 1985-86 and obtained a stay order, subje…

Murali was convicted under Section 304 Part I of the Indian Penal Code for the murder of Vinayagam after dragging the victim into a room, bolting the door and stabbing him with a knife. He appealed, claiming the right of private defence and arguing that his injuries were serious, while also contending that the special …

Munshi Singh, an advocate's clerk, was murdered near his home by Hukam Singh and three relatives who shot him, assaulted his wife and son, and later cremated his body. The prosecution, led by a public prosecutor, chose not to examine two independent witnesses (Inder Singh and Budh Ram Nayak) after learning they would n…

The appellants, proprietors of khud‑kasht land, filed a suit to recover possession of land recorded in the annual village papers (Khasra) as theirs for Samvat years 2006 and 2007, before the vesting date of 2 Oct 1951. The respondents later had the appellants' names struck off and their own entered in 2008 without foll…

The case involved a conviction under Section 138 of the Negotiable Instruments Act, where the appellants were sentenced to six months' rigorous imprisonment and a fine of Rs.10,000 each. While the criminal appeal was pending, the parties settled the monetary dispute and the appellants deposited Rs.5,96,688 with the mag…

The dispute concerned the appointment of the Madathipathi (head) of the Shiva Kanchi Udasi Math, Kanchipuram. The Math was founded by a society registered under the Societies Registration Act, 1860, and its deed stipulated that succession should follow the Sishya Parampara (guru‑to‑disciple). After the death of the las…

The Motor Accident Claims Tribunal awarded compensation to Rajendra Singh and his son Sanjay Singh for injuries allegedly sustained in a 1993 road accident involving an insured vehicle. United India Insurance Co. later discovered police reports indicating the claimants were actually injured in a separate tractor accide…

The appellant, Hasan Khan, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slum‑lords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 on the ground that he was a notorious goonda who extorted money, threatened and assaulted residents, thereby disturbing the even tem…

The respondent, a stone crusher, bought stone boulders and crushed them into stone chips, gitti and dust for resale, contending that sales tax had already been paid on the boulders and therefore the processed material should not attract tax again. The assessing authority disagreed, but the Assistant Commissioner and th…

The landlord filed a suit for possession of a plot, claiming it was open land not covered by the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, and that the tenancy had expired. The tenant appealed, arguing that the plot formed part of a house and that the amendment introducing clause 13‑A …

Travancore Rubber and Tea Co. entered into three agreements to sell old rubber trees, receiving Rs 75,000 as earnest money and Rs 3,56,300 as advance. The purchasers defaulted, the agreements were terminated and the amounts were forfeited. The assessee claimed the forfeited sums were capital receipts and not taxable as…

The Supreme Court examined whether Section 4 of the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 (as amended) could be applied to the recruitment of district judges and other members of the subordinate judiciary. The Court held that t…

Ajit Kumar Barat, a Joint Secretary of the Indian Tea Association, was dismissed for refusing a transfer. He sought relief under Section 12 of the Industrial Disputes Act, 1947, and a failure report recommended that the dispute over whether he was a "workman" be referred to an industrial tribunal. The West Bengal Gover…

A contempt application was filed under Section 17 of the Administrative Tribunals Act, 1985 before the Andhra Pradesh Administrative Tribunal against the Principal Secretary for wilful disobedience of the Tribunal's order. The State and the Principal Secretary challenged the Tribunal's jurisdiction in the Andhra Prades…

The appellant, a tenant of a shop let under the Kerala Buildings (Lease and Rent Control) Act, 1965, saw the shop completely destroyed by fire. He rebuilt a new shop on the vacant land without the landlord's consent, prompting the landlord to sue for demolition of the new structure and possession of the land. The trial…

The husband of Smt. Asha Goel obtained a life insurance policy from the Life Insurance Corporation of India (LIC) in 1979 and died in 1980. The widow claimed the sum assured, but LIC denied payment alleging that the deceased had misrepresented his health in the proposal. The widow filed a writ petition under Article 22…

The respondents, railway employees, were caught stealing cement and an inquiry was conducted by a Railway Protection Force (RPF) inspector who filed a complaint before a Judicial Magistrate under the Railways Property (Unlawful Possession) Act, 1966. The accused argued that the RPF officer was not a "police officer" wi…

The Housing and Urban Development Corporation Ltd (HUDCO) was allotted 42.6 acres of Government land in Delhi in 1990 for development, with possession taken in March 1994 but a formal lease executed only in July 1997. The Delhi Municipal Corporation levied property tax on the vacant land for the period July 1990 to Mar…

Harinder Pal Singh Shergill was arrested in August 1998 for allegedly possessing US$66,217 at Mumbai airport. He was granted bail, and a later application to cancel the bail was dismissed. On 17 November 1998, the government issued a preventive detention order under Section 3(1) of the Conservation of Foreign Exchange …

Karnaill Singh, a truck driver, was stopped by a preventive party of the Narcotic Bureau and his vehicle was searched, leading to the seizure of 96.6 kg of opium. The seized goods and samples were sealed by the inspecting officer, but were later forwarded to the Superintendent of the Central Narcotic Bureau rather than…

Surjit Kaur entered into an agreement to sell her land to Naurata Singh, receiving Rs 20,000 as advance, with the condition that mutation and possession be delivered before execution of the sale deed by 30 June 1981. A suit filed by a third party obtained an interim injunction restraining alienation, preventing the app…

Maharishi Dayanand University appealed against a Punjab & Haryana High Court order that had permitted M.L.R. Saraswati College of Education to admit 80 additional B.Ed. students on the basis of eight adhoc lecturers appointed by the college. The Supreme Court held that the college’s selection of adhoc lecturers violate…

The Chandigarh Housing Board allotted a commercial plot to the husband of Narinder Kaur Makol, who, with permission, constructed residential flats on the upper floors. Makol later applied for a residential plot, filing an affidavit stating that neither she nor her husband owned any residential house or plot, and was al…

The case arose from the suicide of a young bride, Selvi, after which the police investigated and filed a charge‑sheet against her husband and his mother under Sections 304B and 498A IPC. Dissatisfied that the sister‑in‑law and her father were not named, the deceased's father approached the Madras High Court under Secti…

The appellant, a government employee, applied for voluntary retirement under a scheme and his request was accepted by the employer on 30 July 1997, but he was not relieved from service until 26 September 1997. Before being relieved, he sent a letter on 7 August 1997 withdrawing his retirement request, which the employe…

The appellant, Dr. R.K. Parashar, was allotted Shop No.123‑A by the Rent Control and Eviction Officer, a decision later upheld by the Additional District Judge. Respondent No.1, Dinesh Kumar, who had earlier attempted to regularise his occupation of the same shop through applications under Rule 10(6) and Section 14 of …

The respondent-landlady filed an eviction suit in a civil court against the appellant-tenant for arrears of rent. The dispute centered on whether the East Punjab Urban Rent Restriction Act, 1949 (the Act) applied to the building, which was claimed to be exempt under notifications dated 31 January 1973 and 24 September …

In this civil appeal, the appellant (subsequent purchasers) challenged a Madras High Court decree for specific performance that had been affirmed after a trial court judgment. The High Court hearing concluded on 22 March 1989, but the judgment was delivered only on 24 January 1994, a delay of nearly five years. The app…

Prince Muffakham Jah, a beneficiary of a trust created by the late Nizam, was entitled to reside rent‑free for life in a house built by the trustees. He omitted the value of this life interest from his wealth‑tax returns for assessment years 1969‑70 to 1977‑78. The Wealth‑Tax Officer added the value using Rule 1B of th…

Pradyut Bordoloi, a Clerk Grade‑I in Coal India Ltd., filed his nomination for the Margherita Legislative Assembly seat. A complaint alleged that his employment constituted an "office of profit" under the Government of India, invoking disqualification under Article 191(1)(a) of the Constitution and Section 10 of the Re…

The Karnataka Electricity Board (KEB) amended its 1969 Recruitment and Promotion Regulations to introduce a 1:1 ratio for promotion to the post of Junior Engineer between technically qualified direct recruits and technically unqualified promotees, within a 35% promotion quota. Direct recruits challenged the amendment a…

Pipal Singh and Mukhtiar Singh were convicted of murder under Section 302 IPC read with Section 34, along with several others, for causing two fatal injuries to the deceased. Some co‑accused were acquitted. On appeal, the appellants argued that the acquittal of other accused barred their conviction under Section 302 wi…

The respondent applied for the post of Junior Operator in Indian Airlines Ltd. in 1997, which required either a diploma in Mechanical/Electrical/Automobile Engineering with two years of post‑qualification experience and a heavy‑vehicle licence, or an ITI certificate with five years of post‑qualification experience and …

JK Synthtics Ltd. laid off its workers in 1983 due to a total power cut and subsequently terminated 1,164 workers and retrenched 1,201 workers, prompting the Rajasthan Trade Union Kendra to challenge the terminations before the High Court and an Industrial Tribunal. The Tribunal, after a secret poll, held that the lay‑…

The petitioners were teachers originally appointed in Panchayat Union Elementary Schools who were transferred to the High School service when middle schools were upgraded. Junior teachers who remained in the elementary schools were promoted to Head Masters in primary/middle schools and received higher pay. The petition…

Khatema Fibres Ltd., a manufacturer of craft paper, obtained a Recognition Certificate under Section 4‑B of the U.P. Trade Tax Act, 1948 to claim exemption on the basis that its craft paper was used as packing material. The Allahabad High Court, relying on a Full Bench decision in Mis. Lalji Board Industries v. State o…

The Himachal Pradesh State Electricity Board framed recruitment and promotion regulations for Junior Engineers and Assistant Engineers under the Electricity (Supply) Act, allocating 95% of Junior Engineer posts to direct recruits (qualified diploma holders) and 5% to promotees (unqualified matriculates). The Board furt…

M. Narsinga Rao, a manager of a milk chilling centre, was charged under the Prevention of Corruption Act, 1988 for accepting a Rs.500 bribe from a contractor. He was caught in a trap set up by the Anti‑Corruption Bureau, but the key witnesses turned hostile after a four‑year delay, claiming the trap was fabricated. The…

The appellant challenged the preventive detention of Maheshraj under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Act, 1974, arguing that his representation to the Advisory Board was not considered by the Karnataka Government, thereby violating Article 22(5) of the Constitution. The det…

Bank of India sued Vijay Transport for recovery of a sum, while the respondents filed a larger counter‑claim. The High Court stayed the counter‑claim on the condition that the bank deposit Rs 16 lakhs, allowing the respondents to withdraw it only upon furnishing a bank guarantee. After the High Court later decreed in f…

The Supreme Court examined the constitutional validity of Section 32A of the Narcotic Drugs and Psychotropic Substances Act, 1985, which barred courts and the executive from suspending, remitting or commuting sentences of convicts under the Act. The petitioners argued that the provision violated Articles 14 and 21 by c…

The case concerned a suit for redemption of a mortgage executed in 1902 by a widow, Lakshamania, in favour of Ram Charan Sonar. The plaintiff, claiming to be an heir of Lakshamania, filed the suit in 1960 after a series of subsequent mortgages, sales and redemptions involving the property. The trial court and the first…

The respondents filed a suit against the State of Madhya Pradesh and a sales tax officer, which was dismissed for lack of jurisdiction. The District Judge reversed that decision, and the State filed a second appeal before the High Court but omitted the required application for condonation of delay under Order 41 Rule 3…

The appellants, directors of a motor‑sports club, challenged a series of board resolutions passed in a meeting on 8 November 1995 that removed the appellant as chairman, appointed a respondent as chairman and added twelve directors, alleging the meeting was held without notice. The High Court had earlier ordered a fres…

The petitioners, shroffs who operated as unincorporated firms providing credit and accepting public deposits, challenged the constitutionality of Section 45‑S of the Reserve Bank of India Act (as amended in 1997) which prohibits such entities from accepting deposits. They argued that the provision violated Articles 19(…

The respondent‑police officer filed a complaint before a Metropolitan Magistrate alleging that the appellants, police officers, had committed offences including sections 166, 167, 219 etc. of the IPC and an offence under section 147(G) of the Bombay Police Act. The Magistrate took cognizance and issued process, which t…

The Supreme Court examined the practice of the National Consumer Disputes Redressal Commission (NCDRC) referring consumer disputes to a retired judge for "consensual adjudication" and then treating the award as its own order. It held that the Consumer Protection Act, 1986 does not empower the Commission to delegate its…

Kamla Devi, the landlord, let a big room to Laxmi Devi, the tenant, who later constructed an unauthorised latrine on an adjacent vacant plot of land (9'x7'). The parties compromised, making the plot a rented premises at Rs 5 per month. Kamla later terminated the tenancy and sued for possession of the plot. Laxmi conten…

The assessee, Mis Anand Theatres, claimed a 15% depreciation on its theatre building by treating it as "plant" under the Income Tax Act, 1961. The Assessing Officer allowed only the standard 5% rate for buildings, leading to an appeal that was initially allowed by the Commissioner of Income Tax (Appeals) and the Income…

The Bihar State Electricity Board served a one‑year notice to Patna Electric Supply Co. in January 1973 to purchase its undertaking, which was taken over on 6 February 1974. While the takeover was pending, the Indian Electricity (Bihar Amendment) Ordinances and the 1974 Amendment Act changed the notice period to six mo…

P. Sarathy, a former branch manager of State Bank of India, was suspended and removed from service after a departmental enquiry. He first appealed to the Bank's Local Board, which dismissed his appeal, and then filed an appeal under Section 41(2) of the Tamil Nadu Shops and Establishments Act before the Deputy Commissi…

The Uttar Pradesh State Electricity Board served notice to Upper Jamuna Valley Electricity Supply Co. Ltd. to purchase its electricity undertaking after a 35‑year licence expired. The State later amended the Indian Electricity Act, 1910 by the 1975 Ordinance and the 1976 Act, replacing the market‑value purchase price w…

The State of Uttar Pradesh issued a notice under Section 6 of the Indian Electricity Act, 1910, to acquire the Upper Jamuna Valley Electricity Supply Company's undertaking upon expiry of a 35‑year licence in 1964. In 1975 the Uttar Pradesh government amended Sections 6 and 7‑A of the Act, replacing the market‑value bas…

Ghaziabad Development Authority (GDA) advertised several schemes for allotment of developed plots, collected deposits from allottees, and then failed to deliver possession within a reasonable time. The aggrieved allottees obtained orders from the MRTP Commission, Consumer Forum and High Court directing refund of their …

The Supreme Court examined whether a Metropolitan Magistrate could, at a very advanced stage of trial, implead two bank officials as additional accused under Section 319 of the Criminal Procedure Code. The trial had already examined 49 witnesses, and only the statements of three subsequent witnesses suggested possible …

The case concerned lecturers (respondents 1‑12) employed by Dev Samaj Girl Senior Secondary School, a privately managed recognised school receiving grant‑in‑aid since 1967, who sought salary parity with teachers in other aided schools after the school added 11th and 12th classes in 1988. The Chandigarh Administration a…

Two direct recruits challenged a seniority list of Sales Tax Inspectors issued by the State of Maharashtra, which was quashed by the Maharashtra Administrative Tribunal (MAT) and upheld by the Supreme Court on res judicata grounds. The State issued a fresh seniority list in 1992, which the promotees again challenged; t…

The respondent landlord sought eviction of the appellant tenant under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 on three grounds, including a bona‑fide requirement for personal occupation of the non‑residential premises. The Rent Controller and the Appellate Authority found the landlord’…

The Supreme Court examined the murder of Suresh Dube and the subsequent terrorist‑related conspiracy involving gangs of Bhai Thakur and Manik Patil. The trial court had excluded confessions recorded under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) on the ground of procedural irregular…

The State Government sought to acquire 15 acres of land for a housing scheme for the State Gov't Employees Houseless Harijan Association, a society registered under the Karnataka Societies Registration Act. After a series of notifications under the Land Acquisition Act, the government withdrew the acquisition by issuin…

Ratan Singh obtained a decree for possession of his property in 1970, but did not file an execution petition. The respondent filed a first appeal, dismissed in 1973, and later a second appeal which the High Court rejected as time‑barred. Ratan Singh later relied on the High Court order to revive the decree and filed an…

The appellants were charged under the Dowry Prohibition Act and Section 498‑A IPC for dowry harassment. After the prosecution evidence was closed, the trial court dispensed with personal examination of two accused under Section 313 CrPC and acquitted them. The High Court set aside the acquittal, directing personal exam…

The appellants, engineers employed by the Kerala State Electricity Board, were appointed on an ad‑hoc basis between 1976 and 1979 and later regularised after passing departmental exams. The Kerala Public Service Commission (KPSC) refused to concur with the regularisation dates, leading the Board to refer the dispute to…

The Calcutta High Court ordered the winding up of Tirupati Woollen Mills Ltd and directed the official liquidator to sell its assets as a going concern. The initial reserve price was Rs.37 lakh, which was later raised to Rs.85 lakh and then to Rs.1.30 crore, with Divya Manufacturing Co. (P) Ltd being declared the highe…

Hardeo Singh, a contractor, obtained overdraft facilities totalling Rs 21.5 lakh from the Birpur branch of Central Bank of India, facilities that were beyond the authorised limit of the branch manager, S.K. Roy, who was alleged to habitually receive illegal gratification from a third party. Although the FIR named only …

Hindustan Aeronautics Ltd. filed its income‑tax return for AY 1970‑71, which was disallowed in part by the Assessing Officer. The company appealed to the Appellate Assistant Commissioner, whose order was partly favourable, and both parties filed second appeals before the Income Tax Appellate Tribunal (ITAT). The assess…

The respondent, a manufacturer of vegetable products, filed a MODVAT declaration on 10‑Mar‑1987 but had wrongly availed credit from 1‑Mar‑1987. The Excise authorities issued a show‑cause notice under Section 11A of the Central Excises and Salt Act, 1944, invoking the six‑month limitation period to recover the wrongly t…

The Registrar of Companies (appellant) filed a criminal complaint against Rajshree Sugar and Chemicals Ltd. and others (respondents) alleging default in transferring share certificates in violation of Section 113 of the Companies Act, 1956. The Chief Judicial Magistrate dismissed the complaint on the ground that it was…

The respondent imported four cases of hydrochloric acid synthesis unit combustion chambers, claiming classification under Heading 84.17(1) of the Customs Tariff Act, 1975 as machinery and plant. The Assistant Collector classified them under Heading 68.01/16(1) (articles of stone, plaster, etc.), but the Collector (Appe…

Edward Keventer Pvt Ltd, a manufacturer of the ready‑to‑serve fruit drinks ‘Frooti’ and ‘Appy’, challenged a market fee notice issued by the Bihar State Agricultural Marketing Board under the Bihar Agricultural Produce Market Act, 1960. The Board treated the drinks as mango and apple products and sought fee collection.…

The State prosecuted Babu Ram for the murder of his parents and brother, relying on circumstantial evidence such as his own statements, recovery of spades and a blood‑stained cloth, and his pointing to the burial site. The trial court convicted him and imposed the death penalty, but the Allahabad High Court acquitted h…

The Indian Overseas Bank (IOB) provided a staff canteen from 1973, initially through a contractor and later via a co‑operative society run by bank employees. The bank supplied premises, equipment, subsidies and other support, while the canteen workers were paid from these funds. When the canteen was closed in 1990, the…

The Jaya Gokul Educational Trust applied to the All India Council for Technical Education (AICTE) and Mahatma Gandhi University for permission to establish a self‑financing engineering college. AICTE granted conditional approval after inspections and consultations, and the university listed the college for affiliation.…

The appellant, Dai-ichi Karkaria Ltd., imported raw materials for manufacturing goods supplied to ONGC under a customs duty exemption granted by Notification No. 210/82 (amended 1983) which was to remain in force until 10 September 1987. The Union of India later issued Notification No. 513/86, reducing the exemption to…

Ajaib Singh and Sapinder Singh were convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of poppy husk. They appealed, arguing that the statute only criminalises "poppy straw" and that poppy husk is neither defined nor contains more than 0.2% morphine. The Supreme Court …

The Kapus Ekadhikar Karmachari Sangh filed a writ petition seeking to quash an award passed by the Industrial Court under the Maharashtra Raw Cotton (Procurement, Processing and Marketing) Act, 1971. The Bombay High Court dismissed the petition, relying on the Supreme Court’s decision in Maharashtra State Co‑operative …

The Supreme Court examined an appeal against a High Court order that upheld a short‑listing criterion which excluded candidates possessing educational qualifications higher than Standard VII from being considered for peon posts in the District and Sessions Court, Nagpur. The recruitment rules prescribed a minimum quali…

Suneta Aggarwal applied for a Hindi lecturer post in a government‑aided college. The Selection Committee recommended her, but the Vice‑Chancellor disapproved the recommendation and ordered the post to be re‑advertised. Aggarwal applied again after the re‑advertisement, appeared before the new Selection Committee withou…

State Bank of India (SBI) imported computer software and manuals from Ireland and paid customs duty on the full invoice value of US$4,084,475. SBI later claimed a refund, arguing that only the cost of the software for a single site (US$401,047) should be assessable, while the country‑wide licence fee (US$3,683,428) was…

The Punjab Public Service Commission (PPSC) conducted a competitive examination for 44 Block Development and Panchayat Officer posts, comprising a written test (400 marks) and a viva‑voce test (50 marks). After the written test, 130 candidates were shortlisted for the viva‑voce, and the final merit list was prepared so…

The Goa Foundation challenged the permission granted to Diksha Holdings for constructing a beach‑resort hotel on a plot in Nagorcem, Goa, alleging that the land fell within Coastal Regulation Zone‑I (CRZ‑I) where construction is prohibited and that the clearance violated the Environment Protection Act, 1986. The High C…

Wing Commander T. Parthasarathy applied for premature retirement from the Indian Air Force effective 31‑08‑1986 due to family illness. He later amended the request and, on 19‑02‑86, withdrew the application. The Air Headquarters, unaware of the withdrawal, approved the retirement on 20‑02‑86, effective the same future …

The appellant Roy V.D. was searched and arrested by an Excise Inspector who, at the time of the search, was not authorized under Sections 41(2) or 42(1) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act to make such a seizure. A charge was filed, later dismissed, and a fresh charge sheet was lodged, leading …

In the 1998 Madhya Pradesh Legislative Assembly election, the appellant was declared elected on 28 November 1998. The respondent filed an election petition under Section 81(1) of the Representation of the People Act, 1951 on 12 January 1999, seeking to challenge the result. The appellant contended that the petition was…

The appellant contested the election for President of Vannavalkudi Village Panchayat, losing by a single vote. After his application for a recount was rejected by the Returning Officer, he filed an election petition alleging various irregularities in the counting process. The Election Tribunal, finding no specific mate…

The suit concerned a property originally belonging to Krishnan Nair, which was attached in execution. To raise funds, Nair executed a sale deed (Exhibit A‑5) in favour of Kesavan Channar, simultaneously executing an agreement (Exhibit A‑6) to sell the same property to his relative Kochu Kunja Nair after ten years, and …

The plaintiff sought a share in a property based on a registered settlement deed dated 26 March 1915 executed by the deceased Muthuswamy Pillai. The defendant claimed that a subsequent oral family arrangement in 1941 had modified the deed, allocating the property exclusively to him and giving cash to the other sons. Th…

The Marwari Kumhar community, which used a dharamshala for religious functions, sued the heirs of a former pujaris (the respondents) for a declaration of title to the property in 1945. The trial court and later the High Court affirmed the community's title, holding the respondents were merely pujaris. After the decree …

The landlord (respondent No.3) purchased premises that were subject to a perpetual lease from the Delhi Improvement Trust, which prohibited any use other than residential without the lessor's written consent. The tenants (appellants) operated a shop in the premises, violating the lease condition. The Delhi Development …

The Karnataka High Court refused leave to appeal against the acquittal of seven accused in a Section 307 IPC case and, in doing so, issued sweeping remarks about the state of criminal justice, especially criticizing the police, and directed the Home Secretary and Home Minister to report the government's reaction. The S…

The Govind Ballabh Pant University of Agriculture and Technology, a residential university established under the U.P. Agricultural University Act, 1958, operates 14 hostels and a cafeteria staffed by about 175 workers who sought regularisation as university employees. The Labour Court declared them regular employees, a…

The appellants, holders of FL‑1 (stockists/retailers) and FL‑3 (bars/restaurants) licences under the Kerala Abkari Act, challenged the State's demand for differential excise duty on unsold Indian‑made foreign liquor stock held as of 1‑April‑1996, after the duty was raised from Rs.20 to Rs.200 per proof litre. The State…

The case concerned a parcel of land that had been sold at a public auction in 1959 to respondent No.2 under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. After 23 years the respondent sought a corrigendum to include additional land that was in possession of the appellant, Piara Singh, who had been …

The Bihar Industries Service Cadre Rules, 1987 placed non‑gazetted officers (Industrial Extension Officers and Economic Investigators/Statistical Assistants) in Groups B and C together with gazetted Group A officers for promotion to Manager/Assistant‑Director posts (scale Rs 1000‑1820). Gazetted officers challenged thi…

The petitioners, Artificer Apprentices in the Indian Navy, were initially engaged for 15 years and exercised an option to re‑engage for a further four years before their original term expired. After the re‑engagement was approved, they sought to withdraw their consent and be released, claiming they had been misled abou…

Camilo Vaz was part of a gang of seventeen accused tried for the murder of Sub‑Inspector Simon Fernandez and the attempted murder of his brothers during a violent clash between rival village groups. The Sessions Court convicted five, including Vaz, of murder under Section 302 read with Sections 120‑B and 149 IPC and se…

Allahabad Bank obtained a decree against M.S.Shoes (East) Co. Ltd. before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, and the Recovery Officer sold the company's assets. Canara Bank, whose claim was pending before the same DRT, sought to be impleaded i…

The appellant, Chandrika Prasad, claimed adhivasi rights over two agricultural plots on the basis that his father, Ram Harakh, was a sub‑tenant of a mortgagee and thus entitled to protection under Section 20 of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950. The respondents, who had purchased the lands …

The Supreme Court examined whether interest not charged by a company on loans advanced to its directors could be treated as a perquisite under Sections 17(2) and 40A(5) of the Income‑Tax Act. The Income‑Tax Officer had disallowed a sum equal to 15% of the directors' debit balances, but the Appellate Tribunal held that …