Judgments of 2001

V.S. Mallimath, a retired Chief Justice of the Kerala High Court, was appointed Chairman of the Central Administrative Tribunal and later a Member of the National Human Rights Commission (NHRC) until he turned 70. He challenged three deductions: the deduction of his judicial pension from his NHRC salary under Rule 3(b)…

The dispute between East India Hotels Ltd. and Agra Development Authority was referred to arbitration, and the umpire filed the award on 13 November 1998, which the trial court made a rule of court on 25 February 1999. The respondent challenged the award in a revision, arguing that the court had not complied with Secti…

The plaintiff entered into an agreement with the original defendant to develop dwelling units for weaker sections under Section 21 of the Urban Land (Ceiling and Regulation) Act, 1976, but possession of the land was never transferred and the agreement contained a clause allowing unilateral termination before possession…

The appellant, a clerk of a District Cooperative Bank, was dismissed without a charge‑sheet, show‑cause notice or hearing. He filed a suit seeking a declaration that the dismissal was illegal and that he should be reinstated with consequential benefits. The lower appellate court held the dismissal void for violation of…

Bharat Coking Coal Ltd. awarded two construction contracts to L.K. Ahuja & Co. which later led to disputes and were referred to a sole arbitrator, M.P. Sharma, a former officer of the employer. The arbitrator issued hybrid awards that largely relied on joint statements but decided only the material‑escalation claim, le…

Cipla Ltd employed cleaning staff through a contractor and routinely terminated them after eleven months to avoid granting permanent status. The Maharashtra General Kamgar Union filed a complaint under Section 28 of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, alleging unfair…

The Uttar Pradesh State Electricity Board entered into a contract with Searsole Chemicals Ltd for continuous 24‑hour electricity supply, with a proviso exempting the Board from liability for interruptions caused by accidents, government orders, strikes, etc. A dispute arose and, under the contract’s arbitration clause,…

The appellants were selected by the Bihar Public Service Commission as Motor Vehicle Inspectors under recruitment rules that required specific technical qualifications and years of practical experience. Several writ petitions challenged their appointments on the ground that the candidates lacked the requisite experienc…

The State of Tamil Nadu, acting under the Revenue Recovery Act, auctioned a 2‑acre land after a loan default, which was purchased by the appellant. The respondent filed an application under Section 38 of the Act to cancel the sale, which was rejected on 11‑Jan‑1977, and subsequently filed a suit for declaration of titl…

The Society of St. Joseph's College, a religious minority educational institution, owned a building that the State sought to acquire under the Land Acquisition Act, 1894. The college filed a writ petition under Article 32 seeking a declaration that Article 30(1A) of the Constitution bars the application of the general …

The landlord, G.C. Kapoor, let a premises to a tenant when his son Rohit was a minor. After Rohit obtained a post‑graduate diploma in computer science, the landlord filed an eviction petition under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bon…

The appellant Madhegowda purchased the share of a minor, Sakamma, in a property from her sister Madamma, who acted as a de facto guardian, in 1961. After attaining majority, Sakamma sold the same share to Ankegowda in 1967, leading to a suit for declaration of title, partition and possession. The trial court and first …

The owners of the vessel M.V. Baltic Confidence and the charterer (respondent No.2) issued five bills of lading that incorporated the terms of their time‑charter party, including an arbitration clause. The holder of the bills of lading (respondent No.1) sued them in admiralty court for negligence and breach of carriage…

Vedabai filed an appeal against a trial court order but missed the prescribed period by seven days, citing illness as the reason. The Additional District Judge dismissed her application for condonation of delay, and the Bombay High Court upheld that dismissal. The Supreme Court examined whether a short delay of a few d…

The appellants, graduate laboratory assistants employed in non‑government colleges, performed teaching functions but were re‑designated as non‑teaching staff and paid the Group B pay scale of Rs 1390‑2970. They sought a writ directing that they be treated as teachers and receive the pay scale of physical instructors (R…

Atul Castings Ltd., the tenant, occupied a building leased for residential purposes and kept an office table and equipment in one room to dispose of office files, which the family also used for study. The landlord filed an eviction petition under Section 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, 1949,…

The respondents filed a declaratory suit claiming joint ownership of the suit property and seeking to declare certain gift and sale deeds ineffective. The trial court dismissed the suit on the grounds of limitation and that a prior decree (O.S. No. 93/71) operated as res judicata against Defendant No. 1 only, despite s…

In a marriage governed by the Hindu Marriage Act, the wife obtained a decree of judicial separation on the ground of the husband's adultery, and the husband was ordered to pay maintenance to his wife and daughter, which he failed to do. The husband later filed a petition for divorce under Section 13(1‑A) claiming that …

The respondents, appointed as Kurk Amins on commission basis by District Magistrates/Collectors of Uttar Pradesh, were tasked with recovering outstanding dues of cooperative societies. The State of Uttar Pradesh contended that such Kurk Amins, being appointed under a scheme of the Registrar of Cooperative Societies, we…

In 1988 a terrorist attack on Dr. Harnam Singh's house in Kurukshetra resulted in four deaths and several injuries. Fourteen accused, including Daya Singh, were tried under the Terrorist and Disruptive Activities (Prevention) Act and the IPC for murder and attempted murder. The trial court convicted Daya Singh on the b…

The insured, Yash Paul Malhotra, entered into a motor insurance contract on 21‑12‑1993, gave a cheque for the first premium and received a cover note. He died in a road accident on 31‑12‑1993, and the insurer discovered that the cheque had bounced on 10‑01‑1994, cancelling the policy on 20‑01‑1994. The legal heirs clai…

The State of Tamil Nadu appealed against a Madras High Court order that had quashed a preventive detention order issued on 2 August 1999 against Baskar and three others. The High Court had held the detention order vague because it allegedly did not specify the exact overt act attributable to each accused. The Supreme C…

The State of Tamil Nadu issued a preventive detention order against Balasubramaniam in 1999. The Madras High Court, hearing a habeas corpus petition under Articles 226 and 21 of the Constitution, quashed the order on the ground that the sponsoring authority’s affidavit mentioned six cases while the detention order refe…

The appellant's land was acquired under the Land Acquisition Act, 1894. A notification under s.4 was last published on 30‑Jan‑1986 and a declaration under s.6 was made on 29‑Jan‑1987, with its first newspaper publication on 30‑Jan‑1987 and later publication in the Official Gazette on 19‑Mar‑1987. The appellant contende…

The appellant, MMTC Ltd., filed two complaints under Section 138 of the Negotiable Instruments Act against the respondent company for cheques that were returned marked "payment stopped by drawer". The complaints were filed by the appellant’s regional manager, who allegedly lacked authority to represent the company. The…

The Supreme Court examined appeals against the Delhi High Court’s cancellation of petrol pump, LPG and SKO dealership allotments made by the Minister of Petroleum under a discretionary quota. The Court held that the 1995 Supreme Court guidelines did not tacitly approve prior allotments, and that the principle of constr…

The State of Delhi appealed the acquittal of Dharampal, who had been convicted under the Prevention of Food Adulteration Act for selling adulterated "lal mirch kutti". The Sessions Judge had set aside the conviction on the ground that the contents of the Central Food Laboratory certificate were not read out to the accu…

An FIR under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 was filed in 1991 and a complaint was lodged before a Judicial Magistrate on 13‑01‑1992. After a series of revisions and a long period of inactivity—largely caused by the accused’s own challenges and absence—the case remained pending for mor…

The appellant entered into a sale agreement for land where time was not stipulated as the essence. When the respondent failed to execute the sale deed, the appellant sued for specific performance. The trial court and the first appellate court both held that time was not essential, the appellant was ready to perform, an…

Gulam Hussain Shaikh Chougule was convicted under Section 135 of the Customs Act for allegedly smuggling 207 silver ingots aboard a trawler intercepted by customs officers. During the investigation, his statement was recorded by a gazetted customs officer under Section 108 of the Customs Act, without the safeguards of …

The mortgagor defaulted on two consecutive instalments under the Central Provinces and Berar Relief of Indebtedness Act, 1939. The creditor obtained a certificate under Section 13(3) of the Act, which the creditor claimed operated as a final decree for foreclosure, allowing immediate possession of the mortgaged propert…

The State of Punjab issued two separate advertisements for 700 Panchayat Secretary posts, one for male candidates (18‑Sept‑1997) and another for female candidates (19‑Sept‑1998), both fixing 1‑Sept‑1997 as the cut‑off date for satisfying the age eligibility of 18 to 35 years as prescribed by Rule 5 of the Punjab Pancha…

The appellant Rajinder Prasad filed applications before a Judicial Magistrate to add offence under Section 395 IPC and to implead four additional accused. The magistrate, invoking Chapter XIV of the Cr.P.C., allowed the applications and committed the case to the Sessions Court, which framed charges including Section 39…

Neyveli Lignite Corporation Ltd., a fertilizer manufacturer, received a government subsidy under the Retention Price Scheme, which compensated the difference between the retention price and the maximum price fixed by the Fertilizer (Control) Order. The Tamil Nadu tax authority treated the subsidy as part of the company…

The Supreme Court examined whether the solatium amount under Section 23(2) of the Land Acquisition Act, 1894 forms part of the compensation for which interest under Sections 28 and 34 must be paid. The Court noted that the Collector is statutorily obliged to pay the entire amount awarded under Section 23, which include…

Shibu Soren was elected to the Rajya Sabha while serving as Chairman of the Interim Jharkhand Area Autonomous Council (JAAC). A defeated candidate, Dayanand Sahay, challenged the election on the ground that Soren held an "office of profit" under the State Government, rendering him disqualified under Article 102(1)(a) o…

The landlord sought eviction of the tenants under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide need for the shop to start his son’s business. The Prescribed Authority accepted the claim and ordered eviction with compensation. The Appell…

The appellant, the mother of a deceased youth, appealed against the Delhi High Court’s order that quashed the murder charge (IPC s.302) framed against the accused and directed the trial court to give detailed reasons for framing charges. The Supreme Court held that under Sections 227 and 228 of the Code of Criminal Pro…

The Supreme Court examined whether a licence fee paid to the Government for the right to carry on the liquor trade makes the licencee a "buyer" under the explanation to sub‑section (11) of Section 206‑C of the Income Tax Act, 1961. The Court held that the licence merely authorises the holder to conduct business and doe…

The Indian Oil Corporation (IOC) invited applications for retail outlet dealerships, requiring applicants to be between 21 and 50 years old. Prithvi Singh was selected, but a rival candidate alleged he was under 21, leading to cancellation of his letter of intent. Singh produced a birth certificate issued by the Deputy…

Dalmia Cement (Bharat) Ltd. issued a cheque to Galaxy Traders which was dishonoured. The appellant served a statutory notice on 13 June 1998, but the respondents claimed they received only an empty envelope and wrote to the appellant on 20 June. The appellant re‑presented the cheque on 1 July, which was again dishonour…

A complaint alleging serious offences was filed before a magistrate who, invoking his power under Section 156(3) of the Code of Criminal Procedure, ordered the Central Bureau of Investigation (CBI) to investigate and required a final report. The CBI challenged the order, arguing that a magistrate has no jurisdiction to…

The Supreme Court examined whether the Income‑Tax Settlement Commission, created under Section 245B of the Income‑Tax Act, 1961, could waive or reduce the statutory interest payable under Sections 234A, 234B and 234C when passing settlement orders under Section 245D(4). The Court held that the term "terms" in Section 2…

The Supreme Court examined the meaning of "the principal sum adjudged" and "such principal sum" in Section 34(1) of the Code of Civil Procedure, 1908, in the context of bank loans that allow interest to be capitalised on periodical rests. It held that, subject to the contract or established banking practice, interest t…

The landlady (appellant No.1) sought eviction of her tenant under Section 21(1)(h) of the Karnataka Rent Control Act, 1961, initially on the ground that her husband required treatment in Bangalore. During the pendency of the suit the husband died, and the landlady amended the petition under Order 6 Rule 17 of the CPC t…

The appellant filed a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque of Rs.63,720 dated 6 April 1993 issued by the first respondent was dishonoured for insufficient funds. After a legal notice and a reply from the respondent, no payment was made. The trial court convicted the respo…

The appellant, Patel Hiralal Joitaram, was convicted of murder for setting the victim, Asha Ben, ablaze with combustible liquid and a lighter. The victim had given a dying declaration identifying the appellant as her assailant, which the trial court rejected but the High Court admitted, leading to his conviction. On ap…

The appellant, father of Munki, filed an FIR alleging that his daughter’s husband (respondent No.2) beat her and forced her to ingest a glass of organo‑phosphorous insecticide. Munki testified that the husband held her nose and poured poison into her mouth, and her father corroborated this account. Chemical examination…

The appellants, a company and its directors, entered into a consignment stockist agreement with respondent No.2. A dispute over a Rs 15 lakh payment led the respondent to issue a notice invoking an arbitration clause, which was rejected. He then filed a criminal complaint alleging criminal breach of trust, cheating and…

The State of Andhra Pradesh had granted mining leases to its corporation and, with its permission, sub‑leases to private parties. The State later withdrew permission for the sub‑leases, leading the sub‑lessees to file writ petitions alleging illegal cancellation and seeking compensation. The High Court held the sub‑lea…

During BIFR proceedings, the Andhra Pradesh Government placed 1,486 surplus employees of Hyderabad Allwyn Ltd. in various government departments and super‑numerary posts, a scheme later sanctioned by BIFR in 1994. Subsequently, the State enacted an ordinance and the 1997 Andhra Pradesh Absorption Act prohibiting the ab…

The petitioners, former officers of Indian Oil Corporation (Assam Oil Division) who retired before 1 December 1994, challenged a government notification dated 10 March 1995 that revised the pension formula only for officers retiring on or after that date. They argued that the cut‑off date was arbitrary and discriminato…

Madras Refineries Ltd., a petroleum refinery, sold its products primarily to Indian Oil Corporation Ltd. (IOCL). Under the Tamil Nadu General Sales Tax Act, 1959, tax is levied only at the point of first sale in the State, and Explanation 1 excludes sales between oil companies from being treated as first sales. The Sta…

The plaintiffs, co‑sharers of a house in Jaipur, claimed a right of pre‑emption (shuf'a) under Muhammadan law when the co‑owners sold their share to Smt. Mattoo Devi. They alleged that they made the required "talab" (demand) upon learning of the sale but the trial court found no such demand and dismissed the suit. The …

The appellant, Muraledharan, was alleged to be a chief conspirator in the Kollam liquor tragedy that caused numerous deaths and injuries, and was charged under Section 8 of the Kerala Abkari Act among other offences. He obtained anticipatory bail from a Sessions Judge under Section 438 of the CrPC on the basis that the…

The Supreme Court examined the meaning of "family" under the Orissa Land Reforms Act, 1960 (as amended by President's Act 17 of 1973) in two contexts. It held that a married woman is an individual whose family consists of herself, her husband and their children, and therefore she is not a member of her parents' family …

The respondent landlord filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide requirement for the premises. The appellant tenant applied for leave to contest the eviction under Section 25‑B, asserting that he was not a tenant but was in possession pursuant to an agr…

The appellant, Samir Mukherjee, occupied premises under an oral lease for manufacturing purposes. The respondents, Davinder K. Bajaj and others, served a 15‑day notice to quit, invoking Section 106 of the Transfer of Property Act, which presumes a month‑to‑month tenancy unless the lease is for agricultural or manufactu…

The Gujarat Agricultural University, a state‑aided institution, employed daily‑wage workers such as plumbers, carpenters and sweepers. The workers claimed regularisation and benefits of permanent Class IV employees after completing ten years of service, invoking Section 10(1)(c) of the Industrial Disputes Act. The Indu…

The National Textile Corporation (APKKM) Ltd. entered into a five‑year settlement with its ministerial staff that barred any claim for revision of terms, while a separate settlement with workmen introduced a seven‑day work week and higher emoluments. The ministerial staff later raised an industrial dispute seeking a ch…

The appellant J.K. (Bombay) Ltd employed M as a trainee supervisor and allotted him a company flat. After M resigned, he was directed to vacate but refused, claiming unpaid dues. The company filed a complaint under Section 630 of the Companies Act, 1956 against M and his wife and father. The lower courts upheld the pro…

Gujarat Narmada Valley Fertilizers Co. used Low Sulphur Heavy Stock (LSHS) both as a feed stock in the partial oxidation process for producing liquid ammonia and as a fuel to generate steam for the same process. The company claimed full exemption from excise duty on the entire quantity of LSHS under three exemption not…

The appellant, Ramesh Kumar, was convicted under Sections 306 and 498-A of the IPC for the suicide of his wife Seema within a year of marriage. The trial court relied on testimonies, a suicide note, a diary, and an undated letter, interpreting the husband's statements as instigation and alleging dowry demands. On appea…

Eight accused were tried for murder, assault and illegal possession of arms after a violent clash in a Madhya Pradesh village. The trial court acquitted all, finding that the prosecution witnesses were unreliable and that the accused acted in private defence, especially since one accused (Prabhu) had sustained serious …

Kamala Devi Agarwal, a partner in a firm, complained that a deed of dissolution of the partnership had been forged, causing her son mental shock and the closure of his shop. She filed a criminal complaint under IPC sections 465, 467, 468, 471 and 120‑B. The trial magistrate found a prima facie case and issued summons. …

The appellant, Bantu (also known as Naresh Giri), was convicted under Sections 302 and 376 of the Indian Penal Code for the rape and murder of a six‑year‑old girl, Jyoti. The trial court and the Madhya Pradesh High Court sentenced him to death, holding that he had abducted the child, raped her, and caused her death by …

Punjab and Sindh Bank filed a criminal complaint under Section 138 of the Negotiable Instruments Act against Vinkar Sahakari Bank Ltd. and others after a pay order drawn by the latter was dishonoured. The Bombay High Court had quashed the complaint on the ground that the pay order was not a cheque and that the bank was…

The appellant, S.R. Chaudhuri, filed a writ of quo warranto challenging the re‑appointment of Shri Tej Parkash Singh as a Minister in Punjab after he had resigned for failing to be elected within six months as required by Article 164(4) of the Constitution. The High Court dismissed the petition, but the Supreme Court e…

Hemant Dhasmana filed a complaint under the Prevention of Corruption Act alleging that the sons of a Chief Commissioner of Income Tax demanded a bribe. The CBI conducted a trap, recovered cash, but its final report exonerated the respondents and accused Dhasmana of false information. The Special Judge rejected the CBI …

The case arose from a road accident in which a tractor pulling a stone‑laden trailer struck two pedestrians, one of whom died. The victims' legal representatives claimed compensation under the Motor Accident Claims Tribunal, which directed the insurer to pay. The insurer appealed, contending that the driver held only a…

The Uttar Pradesh State Electricity Board purchased the undertaking of Banaras Electric Light and Power Co. Ltd. under the Indian Electricity (U.P.) Amendment Act, 1975, causing the undertaking to vest in the Board on 5‑6 February 1975. Uncollected electricity dues owed to the company for consumption before that date w…

The respondent filed an eviction suit after tenant Ramesh Chand Ganguly died intestate, claiming the tenancy ended. The appellant, Nilima Mukherjee, asserted she was the adopted daughter of the deceased and therefore entitled to continue as tenant. To prove adoption she relied on a joint bank account and a freedom‑figh…

The Supreme Court examined a large batch of appeals concerning compensation claims arising from deaths or injuries of persons travelling in goods vehicles. The claimants argued that the insurer was liable under Section 95 of the Motor Vehicles Act, 1939 and Section 147 of the Motor Vehicles Act, 1988 (as amended in 199…

The Supreme Court examined the liability of an insurer under the Motor Vehicles Act, 1939 and the Motor Vehicles Act, 1988 for compensation to gratuitous passengers and owners or representatives of goods vehicles. It held that under the 1939 Act, Section 95(1)(b) excludes the insurer from such liability, but the corres…

The appellants issued two cheques that were dishonoured. The respondent sent a notice under Section 434 of the Companies Act after the 15‑day period, and later presented the cheque again, issuing a second notice within 15 days. The Supreme Court examined whether a notice under Section 434 can satisfy the demand require…

The Supreme Court examined the validity of Rules 8(ii) and 15(ii) of the Rajasthan Higher Judicial Service Rules, 1969, which required that candidates for direct recruitment to the Higher Judicial Service must have practiced for at least seven years in the Rajasthan High Court or its subordinate courts. The petitioners…

The appellant, the estate of V.K. Palaniappa Chettiar, had mortgaged property that was later auctioned and purchased by the respondent. The sale was confirmed under Order 21 Rule 92 of the CPC, and the appellant's application under Order 21 Rule 90 to set aside the sale was dismissed. The appellant appealed that dismis…

Daya Singh Lahoria was extradited from the United States to India under an extradition decree that listed specific offences. After his return, Indian authorities sought to try him for additional offences, including those under the Terrorist and Disruptive Activities (Prevention) Act, which were not part of the extradit…

Chetan Dass married Kamla Devi in 1976 and, after about two years, filed for divorce under Section 13 of the Hindu Marriage Act, which was dismissed when the couple's relations improved. The wife later lodged a criminal complaint alleging the husband’s illicit relationship with a nurse, prompting the husband to seek re…

The appellant, Mis. Somaiya Organics (India) Ltd., manufactured industrial alcohol and was initially exempt from a vend fee under the U.P. Excise Act, 1910. The exemption was withdrawn in 1979 and the company filed writ petitions; the High Court ordered it to give a bank guarantee and/or deposit amounts in a separate a…

The appellant, Indian Aluminium Company Ltd., challenged the levy of entry tax on furnace oil brought into Karnataka, arguing that Entry No. 11 (and its amended counterpart Entry No. 67) of the Karnataka Tax on Entry of Goods Act, 1979, did not cover furnace oil. A Single Judge had held in its favour, but the State app…

Subhash Chand was convicted by the trial court of murder and rape of a five‑year‑old girl and sentenced to death, a decision later modified to life imprisonment by the Rajasthan High Court. The prosecution's case rested entirely on circumstantial evidence: alleged "last seen together" testimony, the accused's abnormal …

The appellant, a partnership firm, granted a five‑year licence to a private limited company, with either party able to terminate the licence by giving six months' written notice. The Gift Tax Officer treated the transfer of the business as a gift made for inadequate consideration and levied gift tax for AY 1970‑71. The…

The widow Smt. Yenki borrowed Rs. 650 for family necessity after her husband's death and executed a promissory note. An award under the Bombay Agricultural Debtors Relief Act, 1947 created a charge on her property, which was later auctioned; the appellant purchased the land. The son (applicant) claimed he was the sole …

The respondent landlady sued the appellant tenant for eviction and recovery of rent arrears, invoking bona‑fide requirement under the Madhya Pradesh Accommodation Control Act, 1961. The trial court found a landlord‑tenant relationship, held the tenant in arrears and the landlady’s need bona‑fide, and decreed eviction. …

The appellant, a government servant, was convicted of murdering his wife and son at a picnic spot and sentenced to life imprisonment. He appealed to the Supreme Court claiming exemption under Section 84 of the Indian Penal Code, asserting that he was suffering from mental illness (moderate depression) and that the pros…

The Supreme Court examined orders that forfeited the pensions of four military officers who had been convicted by General Court Martials and dismissed or cashiered. The respondents challenged the forfeiture on the grounds that the Army Pension Regulation 16(a) and Navy Pension Regulation 15(2) were inconsistent with th…

The appellants' land was taken into possession on 1 June 1977 for an irrigation project, but the required Section 4 notification under the Land Acquisition Act, 1894 was issued only on 8 March 1991. The dispute concerned the period for which additional compensation under Section 23(1A) should be calculated. The executi…

The appellant, K.D. Dewan, had occupied a residential premises in Chandigarh since 1965, initially paying rent to the father of the respondent and thereafter to the respondent, Harbhajan S. Parihar. The respondent filed an eviction application under Section 13(3)(a) of the East Punjab Urban Rent Restriction Act, 1949, …

A fire during a Tata Iron and Steel Company celebration in Jamshedpur killed 60 and injured 113. The victims filed a writ petition under Articles 21 and 32 seeking compensation from the State of Bihar and the company. The Supreme Court appointed former CJI Y.V. Chandrachud to determine compensation using the multiplier…

The appellant, Jasbir Singh, was tried for offences under the NDPS Act alongside co‑accused Vipin Kumar Jaggi (Respondent No. I). Jaggi applied for a pardon under Section 307 CrPC, which the Sessions Judge rejected, after which the Narcotics Control Bureau granted him immunity under Section 64 of the NDPS Act. The Sess…

The respondent attempted to gift out‑houses attached to a building to his wife by an unregistered declaration dated 10 October 1966. The Gift Tax Officer rejected the claim, holding that Section 123 of the Transfer of Property Act, which requires a registered instrument for a gift of immovable property, was not complie…

An advocate, representing accused persons in three criminal cases, filed a writ petition in the Allahabad High Court challenging the transfer of those cases from a District & Sessions Judge to an Additional District & Sessions Judge/Special Judge, alleging that the transfer hampered speedy trial. The High Court dismiss…

The appellants, pucca tenants, filed an application under Section 91 of the Madhya Bharat Land Revenue and Tenancy Act, 1950 seeking reinstatement after being dispossessed, but the revenue authorities dismissed their claim. They subsequently filed a civil suit for declaration of title and possession, which the trial co…

The appellants, retired District Judges, were appointed as Presidents of District Consumer Forums under Section 10 of the Consumer Protection Act, 1986. The Punjab Government issued an order on 25‑January‑1996 directing that the pension they received as retired judges be deducted from the salary payable as Forum Presid…

A drug inspector sampled a formulation purchased from a retailer and, after analysis by a Government Analyst, found it to be misbranded, adulterated and spurious. The manufacturer, Amery Pharmaceuticals, sold the drug through a distributor and was charged under Sections 27(b), (c) and (d) of the Drugs and Cosmetics Act…

The Supreme Court examined an appeal arising from the closure of a data processing division of a computer services company. The central question was whether the activities of data processing and software preparation constitute a "manufacturing process" under Section 2(k) of the Factories Act, 1948, thereby rendering th…

Following the assassination of Prime Minister Indira Gandhi in 1984, communal riots resulted in the deaths of thousands of Sikhs across several states. The Delhi High Court awarded compensation to the dependents of those killed in Delhi, invoking the expanded interpretation of Article 21 of the Constitution. A writ pet…

The Supreme Court entertained a contempt petition filed by members of the Paschim Banga Rajya Bhumijibi Sangh alleging that the Court's earlier order maintaining status quo on land possession was violated by revenue officers who took over land belonging to two petitioners. The crux of the dispute was whether the Court'…

Alpic Finance Ltd., a non‑banking financial company, financed Rs 92.5 million for the purchase of 100 dental chairs for a trust run by the respondents under a lease‑hire purchase agreement. The respondents defaulted on rental instalments and some chairs were found missing, prompting Alpic to file a private criminal com…

The case concerned the inter‑se seniority of Deputy Tehsildars in Andhra Pradesh appointed between 10 April 1980 and September 1992. The direct‑recruit appointees argued that their seniority must be fixed according to Rule 4(e) of the 1961 Revenue Subordinate Service Rules, as it stood before the 1992 amendment, wherea…

The dispute concerned the grant of a mining lease over a 10‑acre granite area in Mahoba, Uttar Pradesh. Respondent No.4 (the earlier lessee) applied for re‑grant of the lease after the area was withdrawn from an auction/tender regime (Chapter IV) and returned to the normal lease procedure (Chapter II). Rule 72 of the U…

Sanshin Chemicals entered into a technical collaboration agreement with Orientals Carbons that contained Clause 8.4, providing that if the parties could not agree on the place of arbitration within 30 days, a Joint Arbitration Committee (JAC) would decide the venue. The JAC determined the venue on 15 July 1998. Sanshin…

Vikram Detergent Ltd and Vikram India Ltd, engaged in packing detergent powder received from manufacturers, claimed deductions for damage discounts and bank charges while computing the assessable value of the goods under Section 4 of the Central Excise and Salt Act, 1944. The Customs, Excise and Gold (Control) Appellat…

Vinay Nanda, a cashier in the Jammu & Kashmir Procurement Department, was convicted under Section 5(1)(c) of the Jammu & Kashmir Prevention of Corruption Act, 2006 and sections 409 and 468 of the Ranbir Penal Code for misappropriating government funds. The trial court sentenced him to one year of rigorous imprisonment …

The respondent Ritesh was charged with murder and related offences, including criminal conspiracy, for allegedly killing his beloved Shubhangi, a Scheduled Caste member. The trial court denied bail, finding him complicit in the conspiracy. The High Court, on a revision petition under Section 439 of the CrPC, granted ba…

Four life convicts who had served more than 18 years (over 24 years including remission) filed writ petitions under Article 32 challenging the State Government's refusal to grant them premature release. The petitioners argued that, under Rule 591(29)(4) of the West Bengal Rules for Superintendence and Management of Jai…

Mis Presto Industries, an industrial unit in the Kandla Free Trade Zone, claimed exemption from excise duty on waste scrap under Notification No.16/83‑CE after paying only basic customs duty on the scrap cleared for home consumption. The Revenue discovered that the additional duty under Section 3(1) of the Customs Tari…

The appellants, Amina Ahmed Dossa and others, claimed rights over properties attached under Section 8 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (TADA) and sought relief from the Designated Court under Section 84 of the Code of Criminal Procedure (CrPC). The Designated Court rejected their claim…

The West Bengal State Electricity Board (the Board) invited tenders for a power project and, under its Instruction to Bidders (ITB), evaluated bids. Respondents 1‑4 (Patel Engineering and others) claimed that a systematic computer error had caused clerical mistakes in their bid documents and sought correction, assertin…

The Delhi Golf Club Ltd., a limited company, held a 20‑year temporary lease of government land for operating a golf club, with the lease expressly stating that any continuance beyond the term would also be temporary and that construction required government permission. The New Delhi Municipal Committee (NDMC) demanded …

The respondent, L.A. Balakrishnan, was appointed as an Assistant Professor on probation and was terminated twice within the probation period—first on 16 June 1991 citing unsatisfactory job proficiency, and later on 1 August 1991 by a brief order. Both terminations were challenged before the Educational Tribunal on the …

The appellant, St. Anny Felix Pinto, was convicted under Section 138 of the Negotiable Instruments Act and sentenced to imprisonment and a fine of twenty lakh rupees. He appealed to the High Court of Bombay for suspension of the sentence, which the High Court granted on the condition that a portion of the fine, four la…

The father of a student filed a criminal complaint under Section 7 of the Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987, alleging that a minority‑run unaided school had collected amounts in excess of the prescribed fee rates. The Magistrate took cognizance, and the school authorities ap…

The State of Maharashtra sought to evict occupants of several government‑owned plots under the Bombay Government Premises (Eviction) Act, 1955. After issuing show‑cause notices, the competent authority terminated the eviction proceedings by an order dated 16 December 1980 stating that the "proceedings were dropped". Th…

The Ashok Nagar Welfare Association filed suits under Section 6 of the Specific Relief Act seeking possession of land allegedly occupied unlawfully by the respondents. A Single Judge of the Delhi High Court passed ex‑parte decrees on the basis that summons were served, although the summons were later found not to have …

The appellants Limbaji and two others were charged with murder and robbery of Baburao, whose ornaments were recovered after the accused, while in custody, pointed to their locations. The High Court had convicted them of both murder (Sec. 302 IPC) and robbery (Sec. 394 IPC) using the presumption under Section 114(a) of …

The Municipal Corporation of Delhi (MCD) advertised vacancies for primary and nursery teachers and required OBC candidates to submit certificates issued by competent authorities. Several applicants submitted OBC certificates issued by authorities in their home states outside Delhi, which MCD rejected, citing a Delhi go…

The appellants, appointed as Assistant Zoologists under the 1963 Recruitment Rules, challenged the 1987 amendment that raised the qualifications for the Scientist‑SD post to a first‑class M.Sc. in Zoology with five years' experience or a doctorate. An advertisement dated 4 February 1988 invited applications for the pos…

The State Government of Rajasthan fixed a minimum qualifying mark of 33% for in‑service doctors and increased the reservation of seats for them in postgraduate medical courses from 25% to 50% of the remaining seats. Private candidates challenged these measures as violative of Articles 14 and 16 of the Constitution, arg…

The Rajus, a religious denomination, had administered the Arulighu Mariamman temple for over a century and claimed it was a private, denominational temple. Pandarams, who performed poojas, earlier lost claims of hereditary trusteeship, and later the public (Seeni Thevar and others) sought a declaration that the temple …

Mis. Swil Ltd., a public limited company, filed an FIR alleging cheating and misappropriation by respondent No.2, J. Rajmohan Pillai. Although Pillai's name appeared only in column 2 of the charge‑sheet (for persons not sent for trial), the Metropolitan Magistrate issued summons to him along with the other accused. The…

The respondents were appointed as Civil Judges (Trainee) under the Madhya Pradesh Judicial Service Rules, 1955 and placed on a two‑year probation that could be extended by another two years, making a maximum of four years. After the four‑year period their services were terminated because the Full Court of the High Cour…

M.J. Exports Ltd imported 55 haemodialysers under the Open General Licence on 19 October 1988, claiming exemption from customs duty under Notification No. 208 of 1981 for life‑saving equipment and paid no duty. The goods were subsequently intended for export to the USSR. Customs authorities held that such life‑saving i…

The Supreme Court examined an appeal by landowners whose 7.13 acres in Manakunnam were acquired for an Indian Oil bottling plant. The award was initially Rs. 1,225 per acre, enhanced to Rs. 7,000 per cent by a reference court, but the Kerala High Court reduced it to Rs. 4,000 (wet land) and Rs. 6,500 (dry land). The ap…

The Supreme Court examined the murder of an army officer allegedly orchestrated by his wife (Al) and her paramour (A2) with the help of two accomplices (A3, A4). The trial court convicted Al and A2 under Section 302 IPC, while acquitting A3 and A4; the High Court upheld Al and A2's convictions and convicted A3 and A4. …

Chilakuri Gangulappa filed a civil suit to enforce a sale agreement that was found to be insufficiently stamped. The Munsif Court impounded the document and sent it to the Revenue Divisional Officer (RDO), who, after assessing market value, imposed a penalty of ten times the stamp duty deficiency. The appellant appeale…

Ashok Yeshwant Badave issued a post‑dated cheque dated 20‑Jan‑1996 as part of a sale transaction. The cheque was presented on 7‑Jul‑1996, within six months of the date on the cheque, and was dishonoured. The complainant filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 and Section 420…

A writ petition under Article 32 was filed by R. Karuppan, claiming to act for the Madras High Court Advocates Association, seeking a declaration that Chief Justice of India Dr. A.S. Anand was born on 1‑Nov‑1934 rather than 1‑Nov‑1936 and had therefore retired on 31‑Oct‑1999. The Association’s members later denied auth…

The appellant, a member of the Oraon tribe, alleged that her husband, a Santhal, contracted a second marriage while their first marriage subsisted, and filed a criminal complaint for bigamy under Section 494 of the IPC. The trial magistrate dismissed the complaint for lack of evidence of any tribal custom that makes a …

Park Leather Industry and another, engaged in preparing tanned leather, challenged the levy of market fees imposed by the State of Uttar Pradesh under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964, on the ground that tanned leather is a distinct manufactured commodity and not "hides and skins" covered by the d…

The appellants, settled abroad, filed a suit for declaration and possession but their advocate could not appear on the scheduled date due to a family emergency, and no notice of the next hearing was received. The trial court dismissed the suit for non‑prosecution and later dismissed two restoration applications under O…

The appellants, workmen of the Madhya Pradesh State Road Transport Corporation, were performing duties of higher posts (e.g., Booking Agent acting as Sub‑Depot In‑charge) and sought classification under clause 2(i) and (vi) of the Annexure to the Madhya Pradesh Industrial Employment (Standing Order) Rules, 1963, togeth…

The workmen of Gwalior Sugar Co. Ltd., including Kanhaiyalal Agrawal, were dismissed for allegedly colluding to falsify weigh‑ment slips, leading the Labour Court to refuse reinstatement on the ground of loss of confidence and award half salary with full retirement benefits. The Industrial Court held that the employees…

The appellants Sukhdev Yadav and others were convicted under IPC s.302 for the murder of Ram Dev Singh Mukhiya. The prosecution relied on five eye‑witnesses who placed the incident near Mahavir Modi's house, a mango tree, or a field, while a defence witness claimed a different location. The appellants argued that these…

The Tamil Nadu Khadi and Village Industries Board absorbed Extension Officers (Khadi) from abolished government departments and the officers sought to have their prior service counted for seniority as Upper Division Clerks in the Board. The Madras High Court allowed this, directing the Board to reckon the earlier servi…

Vicco Laboratories, a manufacturer of ayurvedic products, hired Art Commercial Advertising and its partners to produce a television serial titled "Yeh Jo Hai Zindagi" for Doordarshan, paying them a fixed sum as sponsorship. Vicco claimed it was the producer and owner of the copyright and the exclusive right to use the …

Punjab National Bank filed a suit for recovery of money against a principal debtor and guarantors, which was transferred to the Debt Recovery Tribunal (DRT). The DRT decreed that the bank could recover the debt by selling the guarantors' mortgaged plant, machinery and property and directed the Recovery Officer to proce…

In a partition suit, a final decree was passed on 20‑Nov‑1970 but the decree holder failed to furnish the required stamp paper, delaying the drawing up of the decree. The decree holder's legal representatives filed an execution petition on 21‑May‑1984, more than twelve years after the decree. The respondents argued tha…

The State of Andhra Pradesh acquired land for a canal and housing projects, but courts enhanced the compensation awarded to landholders, leading to allegations of irregularities and a public outcry. The High Court stayed further payments and, after the State initiated investigations, appointed a Commission of Inquiry u…

Sundaram Textiles Ltd. (respondent No. 1) entrusted 125 cartons of goods to Sa Vani Roadlines (appellant) for transport, but the goods were not delivered. The consignor insured the goods with New India Assurance Company Ltd. (respondent No. 2), which paid the loss and obtained a Letter of Subrogation and a Special Powe…

The Revenue appealed a Gujarat High Court order that quashed a pre‑emptive purchase notice issued under Chapter XX‑C of the Income‑Tax Act. The respondents, co‑owners of an immovable property in Ahmedabad, had agreed to sell the whole property for Rs 47 lakhs, which exceeded the Rule 48‑K limit of Rs 25 lakhs for the a…

Tata Consultancy Services appealed against the Andhra Pradesh High Court's decision that standardized computer software is a "good" liable to sales tax under the Andhra Pradesh General Sales Tax Act, 1957. The High Court distinguished between customized software (potentially not a good) and standardized software (a goo…

Rathi Menon, a 22‑year‑old passenger, was thrown from a train in 1996, sustaining paraplegia and loss of both an arm and a leg. She filed a claim for compensation under Section 124A of the Railways Act, 1989 before the Railway Claims Tribunal. While the claim was pending, Rule 3(2) of the Railway Accident Compensation …

The respondent, Drive‑In Enterprises, operated a drive‑in cinema where patrons could view films while seated in their motor cars. The State of Karnataka imposed an entertainment tax on the admission of each motor vehicle into the auditorium under sub‑clause (v) of clause (i) of Section 2 of the Karnataka Entertainment …

The Supreme Court examined the conviction of Pawan Kumar and co‑accused for abetment of suicide, dowry harassment and related offences under Sections 306, 498A, 201 and 193 of the IPC. The prosecution relied on circumstantial evidence and a statutory presumption under Section 113A of the Evidence Act, while the defence…

The Indian Banks Association and several nationalised banks challenged an Industrial Tribunal award that classified deposit collectors and commission agents as workmen under the Industrial Disputes Act, 1947, and ordered back wages, gratuity and other benefits. The banks argued that the collectors were engaged on a pur…

A senior government officer was charged under the Prevention of Corruption Act for possessing assets disproportionate to his known income. The investigation took four years (1986‑1990) and the government took another two years to grant sanction, after which a charge‑sheet was filed in 1993. The trial progressed slowly …

The Maharashtra Health Sciences Common Entrance Test of 2001 contained errors in the biology paper of one version, leading the State to re‑evaluate answer sheets and issue a revised merit list that displaced several already admitted students. To accommodate the displaced candidates, the State Government sought a one‑ti…

The Supreme Court examined the phrase "on which the appropriate amount of duty of excise has already been paid" in an exemption notification that relieves goods made from duty‑paid material from further excise duty. The Court held that for the exemption to apply, the raw material must have actually had excise duty paid…

The case involved a dispute over agricultural land that led Prakash Dhawal Khairnar (Patil) to murder his brother, mother, sister‑in‑law and five other relatives. The prosecution relied on strong circumstantial evidence—motive, blood‑stained clothing, a shoulder injury, eyewitness identification, and the confessional s…

The petitioners, directors of several finance companies accused of large‑scale cheating, filed writ petitions under Article 32 claiming that their personal liberty under Article 21 was violated because they were detained in various jails despite obtaining bail in some cases. The Court held that while a petition under A…

Respondent nos. 13‑22 filed a writ petition seeking to restrain Murudeswara Ceramics Ltd. and its associate from constructing a clay processing unit on land in Survey No. 23, Varakodu Village, Shimoga, alleging contravention of the Karnataka Land Reforms Act, 1961. The land had been purchased by the second appellant on…

Mahendra Lal Das, an executive engineer, was charged under Sections 5(2) and 5(1)(e) of the Prevention of Corruption Act, 1947 for possessing disproportionate assets of Rs. 50,600. An FIR was lodged in 1988, but the investigating agency failed to obtain sanction for prosecution for more than 12 years, despite multiple …

Ananga Uday Singh Deo challenged the election of three Rajya Sabha candidates, alleging corrupt practices and an improper vote‑counting procedure. The Supreme Court held that a charge of corrupt practice must be pleaded with full particulars under Section 83 of the Representation of the People Act and proved beyond rea…

The appellant, a seller of a land‑and‑building, executed an agreement and memorandum to sell the property to the respondents. The respondents filed a suit under clause 12 of the Letters Patent of the Bombay High Court seeking a declaration of the agreement’s validity and specific performance of the sale, without expres…

The appellants Hari Shanker Jain and Hari Krishna Lal challenged the election of Sonia Gandhi to the Lok Sabha, alleging that she was not a citizen of India despite holding a certificate of citizenship under Section 5(1)(c) of the Citizenship Act, 1955. They also questioned the constitutional validity of the Citizenshi…

Dr. B.P. Panda, a Research Assistant at Sambalpur University, applied for the post of Lecturer in Political Science. The selection committee recommended him and he was appointed, but an unsuccessful candidate challenged the appointment on the ground that Panda did not meet the minimum academic qualification of 55% mark…

Mis. Estralla Rubber sued Dass Estate Pvt Ltd for eviction. The defendant sought to amend its written statement under Order VI Rule 17 of the CPC, but the trial court rejected the amendment on the ground that it was inconsistent and would displace an admission. The District Judge, on revision, allowed the amendment; th…

The Madras Times published an article alleging that K.J. Hospital was involved in illegal kidney trafficking. The hospital's Director filed a criminal defamation complaint under Section 500 IPC, asserting that the imputation harmed the hospital and, by extension, himself. The trial magistrate discharged the publisher, …

During a minister's visit to Kannur in 1994, police firing resulted in five deaths and many injuries, leading to two FIRs (Crimes 353/94 and 354/94). After a change of government, a Commission of Inquiry blamed the firing and the Director‑General of Police ordered a fresh FIR (Crime 268/97) three years later, initiatin…

The Supreme Court, acting suo moto, examined an affidavit filed by Advocate R. Karuppan in support of a writ of quo‑warranto challenging the age of the Chief Justice of India. The Court found that Karuppan knowingly asserted that the President had not determined the Chief Justice’s age, despite clear evidence that the …

The appellant, owner of a truck involved in a fatal accident, challenged an interim compensation order of Rs. 50,000 passed by the trial court. The High Court Single Judge allowed the appellant's appeal, prompting the respondents to file a Letters Patent Appeal (LPA) under Clause 10 of the Patna High Court Letters Pate…

The appellants filed a complaint alleging that police officers, who had arrested and detained them, failed to produce them before a magistrate within 24 hours and beat them while in custody. The magistrate, relying on a Maharashtra Government notification under Section 197(3) of the CrPC, discharged the officers on the…

The respondent, Anjan Sanyal, a probationary officer of the State Bank of India (SBI), was transferred several times, including to the bank's Central Office in Mumbai, but repeatedly refused to join the postings and filed representations seeking cancellation. The Calcutta High Court, both a Single Judge and a Division …

The workmen of a jute mill, transferred to the National Jute Manufacturers Corporation under the Jute Companies (Nationalisation) Act, 1980, were originally entitled to ten paid national/festival holidays and seven days of casual leave, including Deepawali as a paid holiday. After the transfer, the corporation substitu…

The Railway Board issued a notification for 330 Group‑D "Khalasis" posts, later increasing the vacancies to 917 without a fresh public notice. After interviews, a panel of 917 candidates was published. The Central Administrative Tribunal quashed the panel on grounds of the unnotified increase in vacancies and the arbit…

Star Construction and Transport Co. and others appealed against The India Cements Ltd. after a non‑speaking arbitration award of Rs. 65,00,000 was reduced to Rs. 49,00,000 by the respondent, who claimed a set‑off of Rs. 16,00,000 arising from two suits pending before the High Court. The respondent sought to treat the a…

The appellant was convicted under Section 138 of the Negotiable Instruments Act and sentenced by a Judicial Magistrate of First Class to six months' imprisonment and a fine of Rs 83,000. The conviction and sentence were affirmed by the Sessions Judge and the Gujarat High Court. On appeal to the Supreme Court, the appel…

The brother of the deceased appealed against the Patna High Court’s order quashing criminal proceedings against the mother‑in‑law, Sita Devi, and others. Sita Devi had originally lodged FIR No. 135 alleging outsiders murdered her daughter‑in‑law, but police later discovered that the murder was a conspiracy involving he…

The appellant alleged that the respondents forged documents to withdraw large sums from a bank, invoking several sections of the Indian Penal Code. A magistrate took cognizance and issued process, but the respondents filed a petition under Section 482 of the CrPC seeking to quash the criminal proceedings, arguing that …

Sunil Bajaj was married to Suman in 1991 and she died by self‑immolation in 1995, within seven years of marriage. The State alleged that Bajaj demanded a dowry of Rs 20,000, subjected her to cruelty and harassment, and thereby caused a "dowry death" under Section 304‑B of the Indian Penal Code. The trial court convicte…

The appellants, claiming landlord rights, obtained a decree for eviction, arrears of rent and damages against the State of U.P. and its agency U.P. Jal Nigam. After the decree was confirmed by the Supreme Court without alteration, the appellants sought to continue the pending execution proceedings. The respondents cont…

The State of Punjab issued a notification reserving 60% of postgraduate medical seats for in‑service candidates and 40% for general candidates, and lowered the minimum qualifying mark in the entrance test from the 50% prescribed by Regulation 9 of the Postgraduate Medical Education Regulations, 2000 to 40%. The Punjab …

The National Hydroelectric Power Corporation transferred two employees from its corporate office to a new project at Itanagar. The employees challenged the transfers, arguing that corporate office and project units are separate seniority units and that transfers without consent violate Rule 4.1.1 of the Seniority Rules…

The respondent imported goods claiming they were accessories exempt from customs duty, paid duty under protest, and later sought a refund. The Assistant Collector granted a refund of about Rs 2.5 crore for certain items, deeming them accessories, while denying refund for others as spares. The Commissioner (Appeals) inv…

The State of Maharashtra appealed the acquittal of B.C. Raghani (A1), Subhash Bind (A5) and Shekhar Kadam (A6) in a contract‑killing case involving the murder of businessman Pradeep Jain. The prosecution’s case hinged on confessional statements of A5 and A6 recorded by a DCP under Section 15 of the Terrorist and Disrup…

Ethiopian Airlines terminated its agreement with STIC Travels and the dispute was referred to arbitration under a clause that the tribunal would consist of three arbitrators, each party appointing one and the two appointed arbitrators selecting a third who would act as Chairman. After the death of the appellant's origi…

Hiten P. Dalal (appellant) issued four cheques to Standard Chartered Bank between December 1991 and March 1992 for securities transactions. The cheques were dishonoured for insufficient funds and the bank served notices under Section 138 of the Negotiable Instruments Act. Dalal was convicted by a Special Court establis…

Indu Engineering & Textiles Ltd. supplied hard coke to the Delhi Development Authority (DDA) under a contract containing a price‑escalation clause. The clause was later modified to apply only when there was a statutory increase in price. DDA refused to pay the escalated price for hard coke, leading to arbitration. The …

The appellant-landlord filed an eviction suit against the tenant under Sections 12(1)(a) and 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming default in rent and a bonafide requirement to use the shop for his son’s business. The trial court dismissed the rent default claim but upheld the evictio…

The predecessor of the appellants, a landlord, obtained an exemption certificate under Section 88C(4) of the Bombay Tenancy and Agricultural Lands Act, 1948 because his annual income as of 1 April 1957 was below Rs 1500. The High Court upheld the certificate. After the certificate was granted, the appellants gave notic…

Smt. Kanti Devi and her husband Poshi Ram were married in 1975 and a child was born to her in 1989 after fifteen years of childlessness. The husband filed a suit seeking a declaration that he was not the father, alleging that he had no access to his wife at the time of conception, thereby attempting to rebut the conclu…

The appellant, Rajender Singh, obtained a decree in a money suit and had the defendant's property attached and later purchased at a court auction. The respondents, who had earlier bought the same property under registered sale deeds, challenged the attachment and auction, arguing that the attachment order was not sent …

Sm. Laxmibai was traveling in a Karnataka State Road Transport Corporation bus (No. CAF 3590) on 26 February 1989 when a stone caused the bus window glass to break, and a fragment struck her right eye, resulting in 35% visual disability. She filed a claim before the Motor Accident Claims Tribunal under the Motor Vehicl…

In 1984 a communal riot in Calcutta led to the murder of two police officers. Four persons were initially sentenced to death, but on retrial only Lokeman Shah and Nasim @ Naso were convicted; the High Court altered Shah's sentence to life imprisonment and upheld Naso's death sentence. Both appellants challenged their c…

Dr. Rajinder Singh filed a writ petition challenging the promotion of respondent No.3 to Deputy Director (Health Services) on the ground that the respondent had not completed the ten years of service required under Rule 9A(c) of the Punjab Civil Medical (State Service Class I) Rules, 1972. The Punjab High Court dismiss…

The appellant Muninanjappa claimed that a Will dated 1 June 1942 gave him and Guruswamy only a limited, non‑alienable life interest in a house, with absolute ownership only if a son was born. Guruswamy died without male issue and his widow Sevamma sold the property to respondents R. Manual and others. The trial court a…

The Supreme Court examined two writ petitions challenging termination orders issued under Section 19 of the Army Act read with Rule 14 of the Army Rules. Both petitioners had earlier faced General Court‑Martial proceedings that were either annulled or became time‑barred under Section 122. The High Courts had quashed th…

The respondents filed a suit seeking a declaration of ownership of site No.20 in Bangalore, relying on an allotment letter (19‑July‑1973) and a possession certificate (18‑March‑1981) issued by the Bangalore Development Authority. The appellant claimed prior possession of a portion of the site and the trial court dismis…

The respondent, Nandi Printers Pvt. Ltd., manufactured playing cards (Tariff Item 56) and printed cartons (Tariff Item 68). Under Notification No. 80/80 dated 19‑06‑1980, printed cartons were exempt from excise duty, but the notification barred manufacturers whose aggregate turnover of excisable goods under more than o…

The Collector of Central Excise appealed against the judgment of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) which had allowed Mis. Shalimar Chemical Industries to claim exemption from excise duty on benzene, toluene and xylene under the notification dated 1 March 1984. The exemption was condition…

The Union of India sold a 51% stake in Bharat Aluminium Company Ltd (BALCO), a public sector undertaking, to Sterlite Industries, prompting challenges by the BALCO Employees Union, the State of Madhya Pradesh, and a public‑interest litigant. The petitioners argued that the disinvestment violated constitutional provisio…

The tenant occupied a shop in the landlord's building and fell into arrears of rent, prompting the landlord to file an eviction suit under Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The tenant had previously deposited rent in court under Section 19A, and again attempted to do so afte…

B.S. Yadiyurappa filed an election petition in the Karnataka High Court challenging the election of Mahalingappa and named the other two candidates, the Returning Officer and the District Election Commissioner as respondents. The first respondent and the two officials moved to delete their names and sought dismissal of…

The State Transport Appellate Tribunal granted permits to certain applicants to operate mini‑buses on specific routes in Punjab. Existing private permit‑holders challenged the grant, and the Punjab and Haryana High Court set aside the tribunal’s order. On appeal, the Supreme Court examined whether the State Government …

The Supreme Court upheld the conviction of Munshi Prasad and others for murder, finding the prosecution’s evidence trustworthy and the defence’s alibi unsubstantiated because the alleged distance of 400‑500 yards did not render the accused’s presence at the crime scene impossible. The Court held that discrepancies betw…

The Punjab State Electricity Board and other state electricity boards appealed to the Supreme Court against an interim order of the Delhi High Court that virtually stayed the Central Electricity Regulatory Commission's (CERC) norms for hydro‑generation and inter‑state transmission tariffs. The appeal was filed under Se…

The appellants claimed that two ancient shrines in Madurai were private family temples, asserting continuous possession as hereditary pujaris and trustees, while the respondents contended that the shrines were public temples forming part of the Meenakshi Sundereswarar Temple. The dispute was examined under the Tamil Na…

The appellants were promoted to Electrician (HS) after a trade test, while the respondents, who were already Electricians (HS) Grade II, challenged this selection before the Central Administrative Tribunal (CAT). The CAT initially held that the appellants had not attained the qualifying minimum marks and dismissed the …