Judgments of 2000

The plaintiffs, decree‑holders of a godown, obtained a decree for possession in Title Suit No. 77/59 and, after execution, were prevented from removing oil‑seed bags by injunctions obtained by the Bank of India and a partnership firm claiming pledgee rights under Order XXI Rules 100 and 101 CPC. The plaintiffs sued for…

Mis. SIV Industries Ltd., a 100% Export Oriented Unit, sought to withdraw (debond) from the EOU scheme and paid all customs and excise duties as required. The dispute centered on whether excise duty on the finished goods in stock at the time of debonding should be levied under Section 3(1) of the Central Excise and Sal…

Nauratta Singh was convicted of murder and sentenced to life imprisonment. While his appeal was pending, he remained on bail for several years. He claimed that the period spent on bail should be counted towards remission under the Haryana Government's instructions granting remission to convicts on parole or furlough. T…

The appellant, Malabar Industrial Co. Ltd., sold a rubber plantation estate and, after the purchaser defaulted on instalments, agreed to receive Rs. 3,66,649 as compensation for loss of agricultural income. The amount was recorded as such in the return and the Income‑Tax Officer gave a nil assessment. The Commissioner,…

The appellant owned agricultural land that was leased to the first respondent. In 1943 a document titled "Otti and Kuzhikanam" was executed in favour of the respondent, which the appellant claimed was a usufructuary mortgage. The trial court held the document to be a mortgage, declared the respondent a mortgagee and de…

The respondents had executed a usufructuary mortgage in favour of the appellant and later claimed to be "debtors" under the Tamil Nadu Debt Relief Act, 1979. The dispute turned on the meaning of the expression "not less than Rs. 1200" in the proviso to Section 3(3) of the Act, which exempts persons whose property renta…

M/S Jupitor Chit Fund (P) Ltd, a chit fund company, sued the legal representatives of Shiv Narain Mehta for recovery of Rs.10,000 after a dispute over non‑payment of instalments. The dispute was referred to an arbitrator, but the award was set aside because the reference to arbitration was improper – no notice was give…

The Excise Inspector filed a complaint under the Kerala Abkari Act before a Judicial Magistrate, who, without examining any of the ten listed witnesses, committed the case to the Sessions Court because the offences were exclusively triable there. The accused later raised, during arguments, an objection that the magistr…

Pradip Kumar Dey, a Naik (Radio Operator) in the CRPF, filed a writ petition seeking a mandamus directing the Union of India to implement the CRPF's recommendation to the Fourth Pay Commission for a higher pay scale, invoking the principle of "equal pay for equal work". The Single Judge dismissed the petition for lack …

The appellant, a Sub Engineer of the Maharashtra State Electricity Board, was caught in a police‑set trap accepting cash from a private contractor after demanding a sum for sanctioning additional power load. He claimed the money was a gift, not gratification. The trial court convicted him under Section 5(2) of the Prev…

The State of Gujarat appealed against two Gujarat High Court judgments that imposed strict time‑limits for granting sanction and filing charge‑sheets in corruption cases and declared a paragraph of the State Vigilance Manual ultra vires. The High Court also directed that any delay beyond two months would attract contem…

K. Ramullan, an Indian-origin Malaysian citizen, owned a Non‑Resident (External) Account in an Indian bank and stayed in India with his wife for medical treatment from June 1982 to April 1985. He claimed exemption from tax on the interest earned under Section 10(4A) of the Income Tax Act, arguing that he was a "person …

The appellant, A.P. State Financial Corporation, had granted loans to two companies that later went into liquidation. To recover its dues, it filed applications under Section 446(1) of the Companies Act read with Sections 29 and 46 of the State Financial Corporation Act, 1951, seeking to stay outside the winding‑up pro…

Bharat Earth Movers created a fund to meet its liability for encashment of earned and vacation leave of its employees and claimed a deduction of Rs 62,25,483 under Section 37(1) of the Income‑Tax Act for AY 1978‑79. The Karnataka High Court held the provision to be a contingent liability and disallowed the deduction, w…

K.C.P. Ltd., a sugar manufacturer, challenged a government notification fixing the levy price of sugar and obtained an interim order allowing it to sell at the pre‑notification price. During the assessment year 1972‑73 it collected Rs 14,96,130 in excess of the levy price. The Income‑Tax Officer treated this amount as …

The Central Bank of India sued Associated Timber Industries and others for recovery of a loan. The defendants contended that the suit was not maintainable because, under the Assam Money‑Lenders Act, 1934, a bank that advances loans is a "money‑lender" and must be registered, which the bank was not. The trial court dism…

The appellant, Sarabjit Singh, was promoted by a Departmental Promotion Committee (DPC) meeting on 16 April 1999 under the Punjab Government Circular dated 28 June 1961. The respondent, Ex‑Major B.D. Gupta, challenged the selection, arguing that the DPC should have applied the newer Punjab circular of 1 October 1999 (w…

The respondent, Polamala Raju, was convicted by a Sessions Court for raping a five‑year‑old girl under Section 376 IPC and sentenced to ten years' rigorous imprisonment. The Andhra Pradesh High Court upheld the conviction but reduced the term to five years, citing the passage of time and possible settlement between the…

The appellant filed a suit for partition of property claiming a two‑fifths share based on a custom that sons and daughters inherit equally among Roman Catholic Christians of the Latin rite. The appellant also contested the validity of a gift deed (Exhibit B‑1) and a settlement deed (Exhibit B‑2), alleging they were for…

Jay Bharat Credit and Investment Co. Ltd., a hire‑purchase financier, challenged the levy of sales tax on the total amount (vehicle price plus hire charges) paid by hirers under the Bengal Finance (Sales Tax) Act, 1941 as extended to Delhi and later the Delhi Sales Tax Act. The tax authorities held that the hire‑purcha…

The Supreme Court considered appeals against a Kerala High Court order that restrained an administrator, appointed under Section 32 of the Kerala Cooperative Societies Act, 1969, from enrolling new members in a cooperative society whose managing committee had been superseded. The petitioners argued that the administrat…

The appellants, leasing companies, entered into master lease agreements for equipment and were taxed by several states on the transfer of the right to use the goods. The states relied on explanations in their sales tax statutes that deemed the taxable event to occur where the goods were used, irrespective of where the …

The case concerned a partition suit over properties that were part of a Kattalai grant to a temple. The original settlor had given management rights to his second wife, who by a General Power of Attorney and later a will appointed A as successor‑trustee. A executed two wills on the same day in 1955, bequeathing the man…

The State of Tamil Nadu alleged that former Chief Minister J. Jayalalitha conspired with ten others to import coal at inflated prices, causing a loss of about Rs 6.5 crore. The Special Judge discharged her, finding the record insufficient to frame a charge, and the Madras High Court affirmed that order. On appeal, the …

Rishabh Agro Industries Ltd., ordered to be wound up by a High Court Single Judge for defaulting on a bank loan, obtained a stay of that order from the Division Bench. The company then filed a reference under Section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 before the BIFR and sought, under…

The Enforcement Directorate issued summons under Section 40 of the Foreign Exchange Regulation Act, 1973 to M. Samba Siva Rao and others, who refused to comply with the directions. The Delhi High Court held that such refusal did not attract Section 56 of the Act and dismissed the complaints. On appeal, the Supreme Cour…

The respondent, owner of an omnibus, filed Form NT declaring non‑use of the vehicle from 1 July 1995 to 31 March 1996 and claimed a refund of motor‑vehicle tax. The refund was allowed for the first three months but denied for the remaining period because the State required proof that the non‑use beyond three months was…

Arnit Das was arrested for a murder under IPC 302 and claimed to be a juvenile, asserting a birth date of 18‑09‑1982. The Additional Chief Judicial Magistrate ordered an enquiry under Section 32 of the Juvenile Justice Act, 1986, and, after a medical board report, concluded that Das was above 16 years of age on the dat…

S.M. Dyachem Ltd. (plaintiff) claimed that its registered trademark “PIKNIK” for food products was infringed by Cadbury (India) Ltd.’s use of “PICNIC” on chocolates and sought a temporary injunction. The High Court set aside the trial court’s injunction, holding that the marks differed in essential features and there w…

The appellant sought possession of premises that had been requisitioned under the Bombay Land Requisition Act, 1948 and later allotted to a government servant (respondent No.3). The requisition order was set aside, but the servant continued in possession after retirement and after a derequisition order. The State amend…

Deo Nandan and another purchased land from Bechan, a sirdar, on the same day Bechan filed an application under Section 134 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 and deposited the required revenue. Bechan died before a bhumidari certificate was issued; his widow later sold the land to Ram Saran. The…

The landlord of a property in New Delhi let the first and barsati floors to a guest house. The New Delhi Municipal Council (NDMC) charged electricity and water rates at non‑domestic (commercial) rates, which the landlord contested, claiming the guest house was a residential use. The trial court and first appellate cour…

The respondents filed a partition suit involving land assessed for revenue. The trial court, invoking Section 54 of the Code of Civil Procedure, referred the partition to the Collector, who issued an order. The Collector's order was challenged before the Deputy Secretary under Section 211 of the Bombay Land Revenue Cod…

The petitioners, six sweepers employed on a contract basis in the car parks of the International and National Airports, sought regularisation after the abolition of contract labour under the Contract Labour (Abolition & Regulation) Act, 1970. The respondents argued that the airport car parks were not part of the "build…

The appellant, Noor Niwas Nursery Public School, argued that it was a separate establishment with only four employees and therefore exempt from the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The respondent, Regional Provident Fund Commissioner, contended that the nursery and the adjoining Franci…

The respondents filed a suit for specific performance of a sale agreement, which was dismissed by the trial court. During trial the agreement was sent for forensic examination, revealing interpolations, and the respondents sought to have the original and a copy examined by a forensic laboratory through an application u…

Vishnu Nagnath Deshmukh was convicted under the Prevention of Corruption Act, 1947 (sections 5(2) and 5(1)(d)) and IPC section 161 for accepting an illegal gratification of Rs.10. The Special Judge sentenced him to six months’ rigorous imprisonment and a fine, which the Bombay High Court upheld. He appealed to the Supr…

The respondent, Gita Ram, was charged under Section 376 of the IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The case was committed by a magistrate to a Sessions Court that had been designated as a Special Court for offences under the SC/ST Act, and that Court trie…

The petitioner, a construction company, entered into a project financed by a consortium of banks. The first bank filed a suit for recovery and, within that suit, sought a judgment on admission under Order XII Rule 6 of the CPC, relying on a board resolution and minutes that admitted liability for a specified sum. The p…

The appellants, Triveni Engineering and Industries Ltd. and another, dealt in turbo alternators, which they assembled on customers' premises by fixing a steam turbine and a complete alternator on a concrete platform. The Revenue Department claimed that the assembled turbo alternators were liable to excise duty under He…

The Quarry Owners Association, holders of quarry leases for minor minerals in Bihar, challenged two State notifications (1991 and 1994) that raised royalty rates, arguing that the State exceeded its delegated authority under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 and violated the 12…

The petitioners – Indian Hotels Co. Ltd., Hotel & Allied Traders Pvt. Ltd. and Hotel Shashi Pvt. Ltd. – claimed that their hotel‑related activities, including a large‑scale flight kitchen, qualified as a "newly established industrial undertaking" and therefore entitled them to deductions under Section 80J and investmen…

A criminal complaint under Sections 5(4) read with 5(2) and 5(3) of the Official Secrets Act, 1923 was filed by the Union of India through the CBI against Rakesh Kumar Jain. The appellant sought discharge under Section 245 of the CrPC, arguing that the complaint was barred by limitation because the order authorising th…

The Ulhasnagar Municipal Corporation invited tenders for appointing agents to collect octroi, prescribing eligibility clauses 6(a) and 6(b). After the tender submission deadline, clause 6(a) was waived under a government order and the contract was awarded to Monarch Infrastructure, which had not satisfied the original …

The plaintiffs filed a suit for injunction to stop the defendants from operating a flour mill and to claim exclusive user rights over a pathway. The trial court granted an injunction and exclusive user rights; the first appellate court modified the decree, holding the pathway was common. Before the second appeal was ad…

The Rajasthan State Electricity Board (RSEB) sought electricity duty from Associated Stone Industries, which excavated stones from mines and cut them into slabs, arguing that the electricity used to pump water from the mines was part of the manufacturing process and therefore exempt under the 1962 notification. Subsequ…

The State of West Bengal challenged the West Bengal Taxation Tribunal’s order quashing a demand for entry tax and penalty on MD Khalil, who was found possessing dry fruits in a cold storage in Calcutta. The Authority had issued notice under Section 14(3) of the Calcutta Metropolitan Area Act, 1972, alleging the goods w…

The Supreme Court considered a Special Leave Petition filed by the U.P. Rajya Vidyut Parishad Apprentice Welfare Association challenging the applicability of an earlier Supreme Court direction that apprentices need not appear for examinations. The Court examined whether that direction was a general rule or limited to t…

Arivazhagan was charged under Section 13(1)(c) of the Prevention of Corruption Act, 1988 read with Section 109 of the IPC. He filed a defence list of 267 witnesses. The Special Judge examined the list and, on the ground of avoiding delay, allowed only a few witnesses from each division. The Madras High Court slightly i…

The appellant, Whirlpool of India Ltd., paid its workers a quarterly production incentive under a scheme in addition to normal wages. The Employees' State Insurance Corporation (ESIC) treated these incentives as "wages" under Section 2(22) of the Employees' State Insurance Act, 1948 and demanded contribution to the ESI…

Female workers employed on a daily‑wage muster roll by the Municipal Corporation of Delhi were denied maternity benefits that regular female employees received. The Industrial Tribunal held that these workers were entitled to the benefits under the Maternity Benefit Act, 1961 and directed the corporation to extend them…

The State of West Bengal purchased Mayurakshi Cotton Mills after liquidation and re‑employed many of the former workers. Management issued a lock‑out in August 1992, which was challenged by a writ petition; the lock‑out was later withdrawn following a settlement dated 27 February 1993 that retrenched a number of workme…

In 1997 a massacre in Madurai led to the arrest of 34 persons, many of whom were later released on bail. The victims' relatives sought the High Court's intervention to cancel the bail, but the State did not move the court. A group of 75 practising advocates filed petitions before the Chief Justice of the Madras High Co…

The Supreme Court considered two appeals (Civil Appeals Nos. 3067 and 8475 of 1997) filed by the office‑bearers of Vallarnbram Juma Masjid against the order of the Kerala High Court which had upheld the Taluk Land Board's determination that certain parcels of land, claimed by the mosque as having been transferred befor…

VST Industries Ltd., a cigarette manufacturing company, operated a canteen for its workers under Section 46 of the Factories Act, 1948. After 1982 the canteen was managed by private contractors, but the workers continued to be employed and received wages, ESI and PF benefits through the contractors, while the company s…

The appellants, State Police Service officers promoted to the Indian Police Service (IPS), claimed that the Central Government failed to carry out the triennial review of IPS cadre strength required by Rule 4(2) of the IPS Cadre Rules, 1954. The review, due in 1987, was only initiated in 1989 and completed in 1991, cau…

M/s Tranvancore Titanium Products Ltd obtained a loan of Rs. 491 lakhs from the Kerala Government and created a "Loan Redemption Reserve" of Rs. 1 crore to meet the loan liability. The assessing authority treated the amount as a provision and excluded it from capital for the purpose of surtax under the Companies (Profi…

Aristocrat Agencies, holders of distributor licences, obtained import permits for liquor and paid countervailing duty at the rate of Rs.45 per litre prevailing at the time of permit issuance. A notification dated 8 February 1991 raised the duty to Rs.70 per litre. The agencies imported liquor after the notification but…

The Supreme Court examined applications filed by the Special Public Prosecutor (SPP) under Section 321 of the Criminal Procedure Code to withdraw TADA charges against accused linked to the forest brigand Veerappan, whose kidnapping of actor Rajkumar prompted the Karnataka government to concede to his demands. The SPP’s…

The appellants, appointed as Assistant Teachers in Assam primary schools, were hired without complying with the Assam Elementary Education (Provincialisation) Rules, 1977. The State cancelled these appointments after issuing show‑cause notices, and the High Court upheld the cancellations. The appellants contended that …

The Collector of Central Excise appealed against the Customs, Excise and Gold (Control) Appellate Tribunal’s order allowing Himalayan Cooperative Milk Product Union Ltd. to claim exemption from excise duty on liquid nitrogen under Notification No. 105/80‑CE. The notification exempts goods falling under Item 68 of the F…

The State prosecuted Hari Mohan for the murder of his sister‑in‑law Roop Devi, whose body was found in a gunny bag with gunshot wounds. The trial court convicted Hari Mohan under Sections 302 and 34 of the IPC and sentenced him to life imprisonment, while other accused were convicted under Section 201. The Allahabad Hi…

The appellants were arrested after a Central Bureau of Narcotics raid seized 132 kg of opium and they were charged under sections 8 and 18 of the NDPS Act, 1985. Their bail applications were rejected and they were subsequently detained under section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psycho…

The State of Haryana appealed against the Haryana Sales Tax Tribunal’s order directing Maruti Udyog Ltd. to deposit the full tax, interest and penalty before its appeal could be entertained. Maruti argued that the proviso to sub‑section (5) of Section 39 of the Haryana General Sales Tax Act, 1973, allowed an appeal wit…

The Assistant Collector of Central Excise appealed after a Special Judge acquitted Duncan Agro Industries Ltd. and its directors of offences under the Central Excise Act and IPC 120‑B. The acquittal was challenged on the ground that confessional statements recorded by customs officers under Section 108 of the Customs A…

The G.V.K. Girls High School, admitted to grant‑in‑aid under the Andhra Pradesh Education Act, 1982, sought payment of arrears for the period 1 September 1985 to 31 October 1989 after a statutory committee under the 1988 Act cleared its case. The High Court Single Judge ordered the arrears to be paid, quashing a 1994 g…

United Phosphorus Ltd., a manufacturer of insecticides, produced three intermediate chemicals during its process. The Collector of Central Excise held these intermediates liable for excise duty, but the Collector (Appeals) reversed the decision, finding them non‑marketable. The Revenue appealed to the Central Excise an…

Farid Sattar, a Senior Accountant, sought a mutual transfer which was not permissible and was advised to apply for a unilateral transfer that required him to revert to the lower post of Accountant as a direct recruit, forfeiting his senior status. After the transfer his pay was mistakenly fixed at the higher Senior Acc…

The Supreme Court examined the murder of Kameshwar Singh, where appellants Rajendra Singh and Triloki Singh were convicted under Sections 302/34, 307 and 324 of the IPC. The appellants challenged the conviction on five grounds: (1) the prosecution’s failure to explain a grievous injury sustained by Rajendra Singh; (2) …

The plaintiff, the legal heirs of the deceased Pravin Jethalal Kamdar, had entered into a sale agreement for his urban land within the ceiling limit and applied for permission under Section 27(1) of the Urban Land (Ceiling and Regulation) Act, 1976. The competent authority rejected the application and exercised its pre…

An incident on 23 September 1989 outside a Munsif court led to cross‑fire between two rival groups, resulting in one death and several injuries. The trial court convicted Amarjit Singh under IPC 307 and the Arms Act, sentencing him to five years rigorous imprisonment and a fine, while Jagsir Singh was convicted under t…

New India Assurance Co. issued a motor vehicle insurance policy for a truck on 8 November 1991. The same night the truck met with an accident that killed a cleaner and two labourers. The dependants of the deceased filed claims for compensation, but the insurer denied liability, arguing that the policy was cancelled aft…

Randhir Basu and a co‑accused were convicted of murdering the mother, father and grandparents of a girl named Sudipa. Sudipa, after being granted pardon, was examined as an approver before a magistrate in chambers, without the accused present for cross‑examination. The appellant challenged the conviction on the ground …

The State prosecuted Surinder Mohan and others for murder and related offences. An accomplice, Sandeep Kumar, was granted pardon by the Chief Judicial Magistrate and his statement was recorded before the case was committed to the Sessions Court, but the accused were not cross‑examined at that stage. During the trial th…

The dispute concerned three plots (Nos. 1366‑1368) in Maliyana village, Meerut, which were used as land appurtenant to the staff quarters of Jaswant Sugar Mill (later V.P. State Sugar Corporation). Dewa Ram, the predecessor‑in‑interest of the respondents, claimed sirdari rights based on a lease executed by the Chairman…

The State of Haryana issued circulars under Section 432 of the Criminal Procedure Code granting remission of sentence to prisoners confined in jail and those on parole or furlough on a specified date, expressly excluding persons convicted of rape or dowry death. Five respondents were on bail and one, Mohinder Singh, wa…

The respondent was arrested on 17 February 1977 with detonators in his possession and was charged under Sections 4 and 5 of the Explosive Substances Act, 1908. He challenged the prosecution on the ground that the consent required under Section 7 of the Act had not been properly obtained. The High Court of Madhya Prades…

The appellant-landlord filed an eviction suit under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bonafide requirement to use the premises for a motorcycle showroom. The trial court held that the landlord needed the premises and that no other suitable shop was vacant; the first appe…

The appellant, a tenant, sought purchase of kudikidappu rights under the Kerala Land Reforms Act, 1963. The Land Tribunal dismissed his application, but the Appellate Authority allowed it. The High Court, on revision, set aside the Appellate Authority’s order, remanded the matter for fresh consideration, and held that …

The appellants, dealers in glass and plastic bangles, were assessed entry tax under Karnataka Tax on Entry of Goods Act, 1979 after the Commissioner clarified that glass bangles and plastic bangles fell within Entry 30 and Entry 54 of the 1992 notification, attracting a 2% tax. The appellants challenged the assessment …

Western Press Pvt. Ltd., a company that was not a party to the proceedings before the Special Court under the Securities Act, 1992, sought to prevent its premises from being attached for recovery of public money siphoned through a group of companies. The Special Court had passed a consent decree ordering the respondent…

Gura Singh was convicted of murdering his father under IPC 302. The prosecution relied on the appellant’s extra‑judicial confession to several relatives (PW 2, 5, 6, 7) and on the recovery of the murder weapon and a blood‑stained sheet disclosed by the accused. Some of the witnesses were later declared hostile, and the…

The appellants, assessors under the Income Tax Act, challenged the interpretation of Section 269UA(b) regarding the calculation of "apparent consideration" for immovable property transferred to the Central Government. They argued that the discount should be computed for the period between the Government's payment of th…

The appellant, legatee of the late Daljit Singh, challenged the allotment of land declared surplus under the PEPSU Tenancy and Agricultural Lands Act to respondents 5‑10. The landowner had been declared surplus in 1976, but the Punjab Land Reforms Act, 1972 came into force in 1973 and its Section 28 saved pending surpl…

The appellant, Narsingh Das Tapadia, lent Rs. 2,30,000 to the respondent, G.D. Partani, who issued a post‑dated cheque that was dishonoured on 6 October 1994. After serving a notice on 26 October 1994, the appellant filed a complaint under Section 138 of the Negotiable Instruments Act on 8 November 1994, which was retu…

The State of Jammu & Kashmir failed to conduct the annual postgraduate medical entrance examination mandated by SRO No. 158 of 1995, instead relying on a five‑year‑old waiting list that disadvantaged MBBS graduates after 1996. Several writ petitions were filed, and the High Court issued interim directions that both hal…

The West Bengal Sales Tax Bureau, after investigating alleged fraud by Narayan K. Patodia involving forged applications and tax evasion, forwarded a complaint to the police which resulted in the registration of an FIR under several IPC offences and sections of the West Bengal Sales Tax Act. The Calcutta High Court quas…

The appellants, Narinder Singh and Ravinder Singh alias Khanna, were charged with murdering Gurdev Singh, the Granthi of a village Gurudwara, after threatening him to relinquish his post. The Sessions Court acquitted them, holding that the prosecution failed to prove motive, that key witnesses were unreliable, and that…

The case concerned a dispute over land held by a tenant who claimed a right to purchase the land under Section 50 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, while the landlord‑widows argued that the purchase right was postponed under Section 41(2). The Supreme Court examined whether the p…

The widow and minor children of George, who died in a motor vehicle accident, were awarded Rs.3,78,000 by the Motor Accident Claims Tribunal. The insurer, Oriental Insurance Co., and the bus owner, N.K. Raju, filed a joint appeal before the Kerala High Court under Section 173 of the Motor Vehicles Act, seeking to reduc…

The respondent, a widow of a deceased railway employee, was receiving a family pension and was appointed on compassionate grounds as a railway employee, drawing both salary and family pension. She also received dearness relief on both the salary and the pension, which the railway authorities later deducted from the pen…

The appellants, heirs of a zamindar who had mortgaged a parcel of khudkasht land, sued the mortgagee (later his heirs) for possession under Sections 43(3) and 183 of the Rajasthan Tenancy Act. The district authority and revenue boards ruled in favour of the appellants, declaring them khatedar kashtkar, but the Rajastha…

The petitioner, a forward‑community scientist, married respondent No.4 after being told she belonged to a forward caste, later discovering she was from a Scheduled Tribe. He filed a criminal complaint under IPC sections 415, 419, 420 read with 34, alleging cheating due to the caste misrepresentation. The respondents ob…

V.P. Ahuja was appointed as Chief Executive of the Punjab Co-operative Cotton Marketing and Spinning Mills Federation Ltd on a two‑year probation. The management terminated his services on 2 December 1998, stating that he had failed administratively and technically, invoking a clause that allowed termination without no…

M.M. Thomas claimed that 20 acres of his private forest were exempt from vesting in the State of Kerala under Section 3(3) of the Kerala Private Forests (Vesting and Assignment) Act, 1971. The Forest Tribunal rejected his claim and the Kerala High Court, while upholding the Tribunal’s view on Section 3(3), entertained …

The Veterinary Council of India (VCI) framed Regulation 5(8) under the Veterinary Council Act, 1984, authorising it to conduct an All India Common Entrance Examination to fill 15% of seats in veterinary colleges. The Indian Council of Agricultural Research (ICAR) also claimed the right to conduct the test and advertise…

The appellant, Usha Harshad Kumar Dalal, a co‑owner of a building, filed a partition suit in 1978 and a Court Receiver was appointed who took symbolic possession while Suhrid Geigy Trading Ltd. (R‑2) occupied the premises. After the licence expired, the amendment to the Bombay Rents, Hotel and Lodging Houses Rates Cont…

Madan Pal Singh, a daily‑wage work agent employed by the New Okhla Industrial Development Authority (NOIDA) from July 1982 to August 1986, filed a dispute after his services were terminated. In his conciliation application he mistakenly wrote his name as Madan Lal, and the State of U.P. issued a reference to the Labour…

The appellant, advocate D.P. Chadha, was engaged by his client, Triyugi Narain Mishra, to defend an ejectment suit. While the client was away, Chadha used a blank vakalatnama and blank paper signed by the client to fabricate a compromise petition and a receipt, causing a decree for eviction without the client’s knowled…

The Supreme Court examined the State Bank of India's 1979 Conditions of Service Order, which placed Grade I officers confirmed before 31‑12‑1972 in Middle Management Grade Scale II and those confirmed after that date in Junior Management Grade Scale I. Petitioners argued that this bifurcation was arbitrary, amounted to…

Canara Bank, as the principal trustee of Canara Bank Mutual Fund, purchased NTPC bonds from a bank that later went into liquidation and sought registration of the bonds in the trustee's name and payment of redemption proceeds. NTPC refused registration without a no‑objection certificate from the liquidator and later at…

The appellants, Narayan Chetanram Chaudhary and Jitu, along with Raju, murdered seven members of a family, including two children and a pregnant woman, to conceal a robbery. Raju later became an approver after the trial court granted him pardon and recorded his confession. Both the trial court and the High Court convic…

The petitioners, a Sub‑Inspector and a Constable of the Kerala Police, were charged with offences of assault, grievous hurt, attempt to murder and criminal intimidation under the IPC for illegally confining and beating a shop‑keeper in a police lock‑up. They argued that the trial court should not have taken cognizance …

The United Bank of India filed suit No. 410/85 against Abhijit Tea Co. in 1985. The suit was disposed by a compromise decree on 29‑Mar‑1994, but the decree was set aside on appeal and the suit was remanded to the trial judge on 11‑Aug‑1998. The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (effect…

A charge sheet under IPC sections 454, 380 and 120B was filed against the appellants before a Metropolitan Magistrate who, after hearing them, framed charges and dismissed their petition for discharge. The appellants approached the Calcutta High Court seeking quash of the charge; the High Court set aside the charge but…

The Delhi Administration appealed a Delhi High Court order that had quashed amendments made by a 1989 notification to Rules 49, 63, 65, 67 and Form P‑5 of the Delhi Land Revenue Rules. The amendments excluded certain categories of land, such as "Extended Abadi", from being entered in the record‑of‑rights and annual reg…

The petitioners, among 181 accused in the Coimbatore serial bomb blast case, filed a transfer petition under Sections 406 and 407 of the Criminal Procedure Code seeking to move the trial from Coimbatore, Tamil Nadu to Kerala, alleging that communal tension in the state would prevent a fair and impartial trial and that …

The appellant, T.K. Gopal, was convicted under Section 376(2) of the Indian Penal Code for raping a 1½‑year‑old girl and sentenced to ten years' rigorous imprisonment and a fine. The Supreme Court issued a notice to consider enhancing the sentence to life imprisonment. The appellant pleaded that nine years of incarcera…

The petitioners, dependents of a deceased SAIL employee, applied for a compassionate appointment after the employee's death, but SAIL declined, citing a Family Benefit Scheme introduced under the 1989 NJSC Tripartite Agreement that required the family to deposit provident fund and gratuity amounts in exchange for a mon…

Tungabhadra Indus Ltd., a manufacturer of hydrogenated oil, had accumulated money credit under two separate Central Excise notifications – one issued in 1987 and later rescinded, and another issued in 1989. The company claimed it could utilise the credits from both notifications simultaneously for payment of excise dut…

The Supreme Court dismissed a review petition and several writ petitions filed by Lily Thomas and others seeking to set aside the earlier judgment in Sarla Mudgal’s case, which held that a Hindu husband who converts to Islam without dissolving his first marriage commits bigamy under Section 494 IPC. The Court held that…

The appellants, residents of Khajuri village in Haryana, filed a writ petition seeking to stop the Gram Panchayat from leasing "charand" (common grazing) land and to have it reserved for grazing. The High Court dismissed the petition, holding that charand land falls within the definition of "shamilat‑deh" under the Pun…

The appellant, a member of a Scheduled Tribe, claimed title to land that had been surrendered by his predecessor Nanda Oraon in 1942 to a landlord. He alleged that he was the adopted son of Sukhi Oraon and therefore succeeded to the land, filing a complaint that led the Special Officer under the Chhotanagpur Tenancy Ac…

The dispute concerned the ownership and possession of a flat allotted by MHADA, claimed by Haresh Dayaram Thakur and his brothers. The Bombay High Court appointed a retired judge as conciliator, who conducted meetings and prepared a settlement proposal but sent the report to the court in a sealed envelope without discl…

The plaintiff‑respondent filed a suit for declaration and possession which was dismissed, and the subsequent appeal was also dismissed. The plaintiff then filed a second appeal under Section 100 of the Code of Civil Procedure before the Kerala High Court. The High Court entertained the second appeal and decreed in favo…

The Supreme Court examined the applicability of the Haj Committee Act, 1959 after pilgrim travel shifted from sea to air in 1993, rendering the ex‑officio members listed in Section 4(1)(a)‑(f) practically redundant. The petitioners sought direction to replace these members, arguing the Act had become obsolete, while th…

Respondent Era Educational Trust applied to the Central Government for consent to establish a medical college, which was rejected after two inspections by the Medical Council of India. The Trust filed a writ petition under Article 226 of the Constitution, and the Allahabad High Court, without allowing a counter‑affidav…

The appeal concerned whether vacancies for Regional Transport Officer in Andhra Pradesh could be filled by transferring Section Officers of the Secretariat and Superintendents of the State Transport Authority, as permitted by Rule 3(a) of the Andhra Pradesh Transport Service Rules and paragraph 5(2) of the 1975 Preside…

The Supreme Court examined the murder of Porkodi, who was manually strangulated in her in-laws' house, and the related dowry death allegations. The trial court had acquitted Balasubramaniam (A-2) for lack of evidence of his participation, while convicting Rajammal (A-1) and Murugesan (A-3) for murder and dowry offences…

The appellants, having passed the 12th examination with 63‑65% marks, applied for admission to a B.Ed. course that was filled through a common entrance test. Seats were allocated on a district‑wise basis among Parbhani, Nanded, Beed and Latur, and the appellants challenged this allocation as violative of Article 14 of …

The landlord heirs of a one‑room premises filed suit for eviction of the tenant, Nirmala Ramchandra Kore, under Section 13(1)(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, alleging that the tenant had alternate accommodation because her sons had built a house. The tenant contended that under …

The case concerned the inter‑se seniority of direct recruit firemen (appellants) and firemen promoted on an ad‑hoc basis (respondents) in the South Central Railway. The appellants were appointed as First Firemen after completing two years of training, but their appointment letters stipulated that their seniority was su…

The Commissioner of Sales Tax, Madhya Pradesh, assessed entry tax on "watery coconut" under Entry 5(viii) of the Schedule to the Madhya Pradesh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976. Popular Trading Co., the assessee, contended that watery coconut is distinct from copra and therefore not liable to …

The Commissioner of Central Excise and Customs appealed against several manufacturers, including Mis. Venus Castings (P) Ltd., who had opted to pay excise duty under Rule 96ZO(3) (or 96ZP(3)) of the Central Excise Rules and subsequently claimed the abatement benefit under Section 3A(4) of the Central Excise Act. The Su…

The respondents, including Prem Singh, were appointed as Ziledars and later promoted to Deputy Collector, a Class II post in the Irrigation Department. They sought appointment as Tehsildar, also a Class II post in the Revenue Department, claiming that the transfer constituted a promotion and that reservation benefits f…

In 1993 Excise Inspectors, acting under the then‑unamended Section 31 of the Kerala Abkari Act, seized liquor samples from the petitioners' licensed shops and alleged adulteration, filing complaints under Section 57A and Section 56(b). The petitioners moved the High Court to quash the proceedings under Cr.P.C. Section …

The petitioners, officers of the Indian Police Service promoted from the Delhi and Andaman & Nicobar Police Services, filed a writ petition under Article 32 seeking to be encadred in the Joint Police Service with retrospective effect, alleging that the notifications dated 31‑12‑1997 were arbitrary and violative of Arti…

The case concerned an educational institution that was authorized to admit a maximum of 60 students (30 per section) but admitted 75, exceeding the quota by 15. The excess students were denied permission to sit for examinations, prompting a joint writ petition in the Karnataka High Court, which was dismissed. The 15 st…

The petitioner, a life convict sentenced under Sections 302 and 34 IPC, filed a writ petition under Article 32 seeking premature release, claiming that he had served the equivalent of 20 years (the statutory period for life imprisonment) and earned remissions under the West Bengal Correctional Services Act, 1992. The S…

The appellant, Lakshmi Narayanan, obtained an ex parte eviction decree against tenant S.S. Pandian under the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960 and filed an execution petition. During execution proceedings the parties compromised: the tenant surrendered part of the premises and entered into a three‑y…

Navinchandra N. Majithia entered into a share‑sale agreement that was later terminated, after which the buyer filed a false complaint in Shillong, Meghalaya. Majithia filed a writ petition in the Bombay High Court under Article 226 seeking to quash the complaint or, alternatively, to direct the Meghalaya police to tran…

The deceased, Islamuddin, died from burn injuries after his in‑laws allegedly poured kerosene on him and set him alight. His statements recorded by an Assistant Sub‑Inspector (ASI) in the hospital and by a magistrate were treated as dying declarations. The Supreme Court examined whether the ASI's statement, made before…

The Federation of Andhra Pradesh Chambers of Commerce and Industry and several industrialists appealed against a decision of the Andhra Pradesh High Court that interpreted the word "used" in Section 3 of the Andhra Pradesh Non‑Agricultural Lands Assessment Act, 1963 to include land merely intended or set apart for indu…

Flock (India) Pvt. Ltd., a jute hessian manufacturer, claimed its product fell under tariff item 22‑A, but the Assistant Collector classified it under 22‑B, an order appealable under the Central Excise and Salt Act. The assessee did not appeal the classification order and instead filed a refund claim alleging misclassi…

The appellant, a bus driver for Haryana Roadways, knocked down and killed a cyclist and was convicted under IPC Sections 279 (rash driving) and 304-A (causing death by negligence). He appealed, seeking the benevolent provision of Section 4 of the Probation of Offenders Act, 1958, arguing that he could be released on pr…

The State of Karnataka prosecuted Manjan for raping a girl who was 15 years old at the time of the offence. The trial court convicted him based on the victim’s testimony, corroborative eyewitness accounts, medical findings of injuries and seminal stains on the victim’s clothing, and the victim’s stated date of birth. T…

The State of Rajasthan appealed against a decree granting title to a plot of land to the deceased Harphool Singh on the basis of adverse possession. The plaintiff claimed continuous, open and hostile possession since 1955, supported only by oral statements and electricity/water bills, and later introduced a claim of hi…

Two real‑estate developers (DLF Universal Ltd. and Ansal Properties) entered into agreements for the sale of flats that were still under construction and filed Form 37‑1 before the Income‑Tax Appropriate Authority seeking a no‑objection certificate for registration. The Authority issued notices under Section 269‑UC(4) …

The appellant, a permanent tenant of a 5‑acre plot in Karnataka, faced a resumption order under Section 14 of the Karnataka Land Reforms Act, 1961 for half of his land. Although the order was partially in the landlord's favour, the landlords never took possession and appealed for the entire plot. While the appeal was p…

The case involved the murder of Kulwant Singh and Bidhi Shankar by a group of nine accused who formed an armed unlawful assembly to avenge a prior killing. The trial court convicted all accused under Sections 302 and related provisions, but the High Court acquitted several of them, holding that their participation was …

The case concerned surplus land of a large landholder, Raghubinder Nath, whose ceiling was fixed under the Punjab Security of Land Tenures Act, 1953 and a portion declared surplus. Jagat Ram, a tenant, obtained a decree for allotment of the surplus land and the Collector allotted it to him; he deposited the purchase pr…

The State of Andhra Pradesh appealed against a High Court order that set aside a trial court decree granting a declaration that a property was not subject to any public or charitable trust under the Madras Hindu Religious and Charitable Endowments Act, 1951. While the suit was pending, the Andhra Pradesh Charitable and…

The case concerned the eligibility criteria for promotion of Executive Engineers to Superintending Engineer under the Manipur P.W.D. Recruitment Rules, 1977, which required a degree (or equivalent) "with" six years of regular service. Respondent No.1, who held an AMIE diploma recognized as equivalent to a B.E., claimed…

The Union of India appealed against the Bombay High Court’s order dismissing Solar Pesticides Pvt. Ltd.’s claim for refund of additional customs duty paid on imported copper scrap used as raw material for copper oxychloride. The issue was whether the doctrine of unjust enrichment applies when imported raw material is c…

Dudh Nath Prasad, an IAS officer, was appointed in 1968 to a reserved Scheduled Caste (SC) vacancy based on a caste certificate issued by the Sub‑Divisional Officer, Howrah, West Bengal. Although he was born, educated and held property in Bihar, his parents had been residing in Howrah for over 30 years before the 1966 …

The appellant, C. Chandramohan, derived ownership of three shops from his father’s release deed but did not inform the long‑standing tenants of this transfer. He later demanded higher rent and sought eviction for demolition, alleging wilful default in rent, denial of his title, and the need for reconstruction. The tena…

In the civil appeal filed by M/s. Weston Components Ltd. against the Commissioner of Customs, New Delhi, the appellant challenged the imposition of a redemption fine after its imported goods had been released on the execution of a bond. The goods were released to the appellant following an application and bond executio…

The workman Prahlad Singh was granted leave from 1 July to 20 September 1974 and failed to resume duty. The company terminated his employment on 8 October 1974 under its standing orders, which stipulated loss of lien for over‑stay of leave. Singh raised an industrial dispute before the Central Government Industrial Tri…

The appellant, a farmers' society, challenged the Andhra Pradesh State Electricity Board’s (APSEB) revision of agricultural electricity tariffs from a flat rate of Rs. 50 per horsepower per annum to a slab system based on horsepower consumption. The Board argued that the flat rate would have caused a massive deficit, v…

For the assessment years 1987-88 and 1988-89 the Assessing Officer added income to Mis. Durga Engineering and Foundry Works under Section 68, treating certain cash credits as unexplained. The Commissioner upheld the additions, but the Income Tax Appellate Tribunal set aside the assessments and directed a fresh order. T…

Essar Constructions appealed a Supreme Court order dismissing its appeal against a High Court decision that had condoned delay in filing an application under Section 30 of the Arbitration Act, 1940. The dispute arose from three arbitrators where two awards favored Essar and one favored the respondent, who sought to set…

The Rajasthan Housing Board (RHB) was alleged by several homebuyers, including Parvati Devi, to have delayed construction, demanded additional payments and failed to hand over possession of allotted houses. The complainants filed a petition before the Monopolies and Restrictive Trade Practices (MRTP) Commission invokin…

India Organic Chemicals Ltd. imported a diesel engine set for Rs 8,50,740 and was assessed additional duty at 8 % ad valorem under Customs Tariff Item 68. The company claimed a refund, arguing that the set comprised a diesel engine and an alternator and that each component should be assessed separately for additional d…

Diwan Sugar Mills, a partnership that owned a sugar factory leased to Diwan Sugar and General Mills (Pvt) Ltd., claimed Rs 12 lakhs as compensation under Section 7(5) of the Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971, arguing that no deductions should be made for liabilities of the lessee. The Prescribed …

Harbans Lal, a clerk-cum-cashier of State Bank of India, was suspended on 29 November 1990 pending a departmental enquiry into alleged misconduct. He filed writ petitions under Article 226 seeking payment of full salary during the suspension, invoking the Sastry Award as adopted by the bank. The Punjab and Haryana High…

The respondent obtained a decree for specific performance of a contract that directed the sale deed to be executed before possession could be taken. The decree stipulated that it would become enforceable only after the sale deed was executed, which occurred on 23 March 1984. The decree‑debtors failed to comply with pay…

The appellant had been allotted a plot by the Ghaziabad Development Authority (GDA) after paying registration, reservation and the first two instalments. He delayed further payments, alleging that the Authority had not completed development and therefore possession was delayed. The GDA issued a letter on 28‑Feb‑1995 de…

The plaintiffs claimed exclusive title and possession over a bund (thedaya varamba) and alleged that the first defendant had trespassed upon it. The trial court held the bund was a common bund but did not expressly decide whether the disputed portion formed part of it; the High Court, in a proactive step, divided the b…

The dispute concerned agricultural land in Madhya Pradesh where the original bhumiswami sold the land to the respondent but had earlier granted a one‑year lease to the appellant. The appellant claimed the lease was renewed for a second year, thereby acquiring bhumiswami rights under the Madhya Pradesh Land Revenue Code…

The appellant, a tenant, was subject to an ex‑parte decree for arrears of rent, ejectment and damages after failing to appear at the hearing on 10 March 1983. He filed an application under Order 9 Rule 13 of the Code of Civil Procedure, claiming that his absence was due to official duties, illness, and the death of his…

The Sir Adamji Peerbhoy Sanatorium Trust, created in the 19th century for charitable purposes, held land on a 99‑year lease and later housed the Saifee Hospital Trust, which served the Dawoodi Bohra community. The trustees sought a cy‑pres amendment to remove the community‑specific restriction on the hospital, arguing …

The appellants, Sheo Nano and others, claimed Sirdari rights over several plots by adverse possession, while the Deputy Director of Consolidation, acting under the U.P. Consolidation of Holdings Act, 1953, found the recorded tenure‑holder Jethu to be a civil death with no heirs and ordered the land to vest in the Gaon …

The employee, Shib Kumar Dushad, claimed that his date of birth recorded by his employer, G.M. Bharat Coking Coal Ltd., was incorrect and sought correction to extend his superannuation. The employer had referred the matter to its Medical Board, which, following the company's service rules and Implementation Instruction…

The employer, Post‑Graduate Institute of Medical Education and Research, terminated Raj Kumar after he had completed 240 days of service. The Labour Court held the termination illegal, ordered reinstatement with continuity of service and awarded only 60% of back wages, exercising its discretion under Sections 25‑B and …

The appellant Rajendra Kumar claimed possession of property left by Mohanlal, asserting that he had been adopted by Radhabai, the widow of Mahadeo, who was allegedly an adopted son of Mohanlal. The lower courts held that the adoption of a child by a widow to her deceased husband under Section 8 of the Hindu Adoptions a…

The Shree Damodar Kalvaibhav Education Society runs Keshav Smriti School, which started as a middle school with classes V to VII. It applied to the Director of Education, Goa, for permission to open class VIII, which would convert the school into a secondary school. The Director rejected the application invoking Rule 3…

The case concerned an agreement whereby the plaintiff, Tulsi Devi, agreed to purchase part of a government‑allotted property (Block 67‑B) and, upon repayment of a loan, acquire the remaining part (Block 67‑A). The plaintiff claimed specific performance of the agreement to obtain Block 67‑A, asserting that she had made …

Air India Ltd. appointed M. Yogeshwarraj to a post reserved for Scheduled Castes/Scheduled Tribes based on a caste certificate. The company later alleged that a later‑dated caste certificate was forged and issued a show‑cause notice; an inquiry committee found him not guilty, but the Disciplinary Authority issued a sec…

The respondent, a Stipendiary Engineer employed by the State Government in community development, was suspended by the District Collector of Koraput under Rule 12 of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 while disciplinary proceedings were contemplated. He challenged the suspension …

The landlord sought eviction of the tenant under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming the building was dilapidated and needed reconstruction, and that he had sufficient funds. The Rent Controller, after an inspection, found the building not dilapidated and dismissed …

The landlord applied to the Rent Controller under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, seeking eviction of the tenant on the ground of a bona‑fide need to start a Karyana business, despite being unemployed and suffering from asthma. The Rent Controller and the appellate authority fo…

The husband obtained a decree of divorce on the ground of desertion, but the wife filed an application for maintenance under Section 125 of the Code of Criminal Procedure during the pendency of the divorce suit. The Family Court allowed the maintenance despite being aware of the pending divorce decree, and the husband’…

The plaintiff, who had bought a house for Rs 3,000, sold it to the defendant for Rs 1,000 by a sale deed, and shortly thereafter executed an agreement to reconvey the property on repayment of Rs 1,000 within two years, also executing a rent note to pay rent to the defendant. The plaintiff sued for redemption, claiming …

The All India Shia Conference (Branch) and others sued the Andhra Pradesh State Wakf Board seeking a declaration that institutions such as Panjas, Alams, Ashrukhanas, Asthanas and Imambadas were Shia wakfs and not Sunni wakfs. The trial court and the Andhra Pradesh High Court declared all the institutions to be Shia wa…

Rainbow Colour Lab and other photographers challenged demand notices issued by the State of Madhya Pradesh on the ground that their turnover from taking photographs, developing negatives and printing prints was subject to sales tax. The State, relying on a circular issued after the 46th Constitutional Amendment, treate…

The appellant, Suman Sethi, issued a cheque of Rs.20,00,000 to the respondent, Ajay K. Churiwal, which was returned for insufficient funds. Within 15 days, the respondent served a notice demanding the cheque amount plus incidental and notice charges. The magistrate held the notice invalid because the demand exceeded th…

The Supreme Court examined whether the Andhra Pradesh Government could lawfully exempt a hazardous vegetable‑oil industry from a statutory 10‑km prohibition around the Osman Sagar and Himayat Sagar reservoirs, which supply drinking water to Hyderabad and Secunderabad. The State had issued GO 153 granting the exemption …

The Food Corporation of India (FCI) challenged an order by the Municipal Committee of Sangrur, Punjab, that amended the assessment list and increased property tax on its godown. The amendment was effected under Section 67 of the Punjab Municipal Act, 1911, based on a notice that the corporation alleged was vague, lacki…

The assessee, K. Govindan & Sons, filed a return for AY 1984‑85 in response to a notice under Section 148. The assessing officer levied interest under Section 139(8) and Section 217, which the assessee contested on the ground that the assessment was not a "regular assessment" within the meaning of Section 2(40) and the…

The State of Assam assessed sales tax on the medicinal preparation "Mritasanjibani" under Item 67 of the Assam Finance (Sales Tax) Act, 1956, which taxes spirituous medicinal preparations containing more than 12% alcohol. The respondent challenged the assessment, and the Gauhati High Court held that Item 67 violated Ar…

The case concerned promotion and seniority of general (non‑reserved) candidates versus reserved candidates in the Karnataka engineering services. Both groups were initially recruited as Junior Engineers; reserved candidates were promoted to higher grades through roster points, while general candidates rose by normal se…

The dispute arose after the death of Chiranjilal Srilal Goenka, whose daughter claimed inheritance under a will, while his adopted son claimed rights based on a letter dated 26‑January‑1961 from his natural father promising him inheritance. An arbitrator held the will inoperative and declared the adopted son the sole h…

Devi Dass Gopal Krishen Ltd. and another, manufacturers of edible oil in Punjab and Haryana, sold their product in Jammu & Kashmir where a notification dated 7 March 1991 under Section 5 of the Jammu & Kashmir General Sales Tax Act, 1962 exempted local manufacturers from sales tax. The tax rate on edible oil was later …

The appellant challenged two orders passed by a Single Judge of the Punjab and Haryana High Court in separate miscellaneous petitions filed after the disposal of the original petition filed under Section 482 of the Criminal Procedure Code (CrPC). The High Court, without giving notice to the appellant, directed the Seni…

The appellant was prosecuted under the Prevention of Food Adulteration Act, 1954 for selling camel's milk to a food inspector, the milk having 25% added water. The trial court acquitted him on the ground that no specific standard existed for camel's milk, but the Rajasthan High Court convicted him, holding that camel's…

The Food Corporation of India (FCI) imposed a minor penalty on two employees for alleged dereliction of duty that caused loss to the corporation. The employees denied the charges and challenged the penalty before the High Court, which held that a full departmental enquiry, as required for major penalties, was mandatory…

The Supreme Court considered a Special Leave Petition filed by the Delhi Jal Board challenging a Delhi High Court order that had allowed Mahinder Singh, a senior employee, to receive a promotion recommended by a Departmental Promotion Committee (DPC) despite a later disciplinary inquiry. The Court held that the right t…

The appellant, a tenant, entered into an agreement to purchase a shop from the vendor for Rs.9,200 and paid part of the price. The vendor later sold the shop to purchasers for Rs.20,000. The appellant sued for specific performance of the original agreement against both the vendor and the purchasers. The trial court rul…

The petitioner, A. Sowkath Ali, was detained under Sections 3(i) and 3(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) based on confessional statements of two co‑accused. The sponsoring authority placed those confessions before the detaining authority but omitted …

The State of Maharashtra detained Santosh Shankar Acharya under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981, but failed to inform him that he could make a representation to the detaining authority. The High Court held that such non‑communication violated Article 22(5) of the Constitutio…

In a Rajya Sabha election, three candidates filed nominations; one candidate, Luis Alex Cardozo, withdrew his candidature before the election. The appellant filed an election petition alleging that Cardozo, after withdrawal, agreed to receive gratification to vote for the respondent, constituting a corrupt practice und…

Punjab National Bank sued Chajju Ram and others for a principal sum of Rs 6,19,250. The trial court decreed the amount with interest, totalling Rs 12,91,398, and the bank filed an execution application. After the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 came into force and a Debts Recovery Tr…

The Supreme Court examined a writ petition filed by the brother and widow of a murder victim challenging the Governor of Haryana’s order granting remission of the life sentence of Siriyans Kumar Jain, a convicted murderer. The High Court and Supreme Court had directed Jain to surrender and serve the remainder of his se…

Parbodh Sagar, a Senior Accounts Officer of the Punjab State Electricity Board, saw his service record decline from "good" to "poor" and repeatedly filed unsuccessful litigations against the Board. The Board retired him prematurely under Regulation 3(i)(e) of the Punjab State Electricity Board Services (Premature Retir…

The State of Maharashtra prosecuted four accused for abducting and murdering infant children as part of a superstitious ritual to uncover hidden treasure. The trial court relied on a voluntary confessional statement, corroborating circumstantial evidence, and the testimony of a child who escaped two abduction attempts,…

The Supreme Court had constituted a High Power Committee (HPC) to fix recovery norms for veneer extraction from timber and to levy penalties on units exceeding those norms. Units were required to submit their production records by 15 January 1998, but questions arose whether the HPC could impose a penalty larger than t…

Mafatlal Industries Ltd, a textile manufacturer, brought cloth rolls of 100 metres into the municipal limits of Nadiad and cut them into smaller pieces before sending them out of the town. The issue was whether octroi duty under Section 99 of the Gujarat Municipal Act, 1963 was payable on those cloth pieces. The Gujara…

Kolhapur Canesugar Works Ltd., a subsidiary of Kolhapur Sugar Mills Ltd., was granted a sugar incentive rebate for the 1973‑74 season. The Excise authorities later issued a show‑cause notice under Rule 10 of the Central Excise Rules, 1944, demanding recovery of the rebate, alleging it was erroneously allowed. While the…

The respondent, E.I.D. Parry (India) Ltd., sued the Union of India for recovery of demurrage charged by the Railways for failing to unload ten box wagons within the free time. The trial court decreed a partial refund and the High Court upheld that decree but, on its own motion, struck down Part 1A of the Southern Railw…

Abdul Rashid Ibrahim Mansuri, an auto‑rickshaw driver, was arrested after police stopped his vehicle and found four gunny bags containing charas. The police officer who ordered the stop relied on verbal information and neither recorded it in writing nor forwarded it to his superior as required by Section 42(1) of the N…