Judgments of 2001

Pallav Sheth, a notified company debtor, was ordered by a Special Court to pay a decree and was restrained from alienating his assets. He later set up benami companies and transferred assets, which the Custodian discovered through an Income‑Tax raid. The Custodian filed an application for contempt, alleging Sheth viola…

The Union of India sought to acquire a Delhi property sold for Rs 1.75 crore by invoking Section 269UD of the Income Tax Act, 1961. The Appropriate Authority valued the fair market value at about 160% above the consideration and ordered acquisition without a prior show‑cause notice; a later notice disclosed the valuati…

The appellant, A.C. Arulappan, entered into a sale agreement with the respondent, Smt. Ahalya Naik, for his RCC building, receiving an advance of Rs.42,000. A second agreement was later executed stipulating a deadline for execution of the sale deed, which the appellant failed to meet. The respondent sued for specific p…

The appellant, a watchman, was convicted of murder under Sections 302 and 34 of the IPC and sentenced to death, but the High Court acquitted him on the ground that his judicial confession was retracted and that victim's articles were recovered before the confession. The Supreme Court held that a retracted confession is…

The landlady sought eviction of the tenant for non‑payment of rent, relying on a demand notice that was allegedly served by post. The tenant denied receipt of the notice, claiming the postman was on leave and therefore no refusal occurred. The Rent Controller, after examining the postman, found that the tenant had refu…

The appellants, the State of Kerala and Divisional Forest Officers, appealed against a Kerala High Court order that quashed demand notices for seigniorage on eucalyptus trees cut by the respondents, Tata Finlay, on leased plantation lands. The Supreme Court examined Section 4 of the Kerala Grants and Leases (Modificati…

The appellant was convicted of murder and criminal breach of trust under IPC Sections 302, 34 and 404, based largely on circumstantial evidence, including a sniffer dog tracking, fingerprint evidence, and identification of stolen ornaments. The defence challenged the reliability of the sniffer dog evidence, the absence…

Shri Bhagwan, a 20‑year‑old apprentice goldsmith, was convicted of murdering five members of Shiv Pratap's family and committing robbery and dacoity. The conviction was based on circumstantial evidence: he was seen with one of the deceased, sustained injuries, possessed blood‑stained clothing and stolen jewellery, and …

The Supreme Court considered a review petition filed by R.D. Chauhan, who claimed he was a juvenile at the time of committing murder under Section 302 IPC and therefore could not be sentenced to death. The petition argued that the trial and appellate courts failed to apply the Juvenile Justice Act, 1986, and that the c…

The Supreme Court, hearing a suo motu contempt petition filed by environmental activist M.C. Mehta, examined the failure of the Union of India, the NCT of Delhi and the Municipal Corporation of Delhi to comply with its earlier orders directing the relocation or closure of non‑conforming industries operating in resident…

Ukaram was convicted for the murder of his wife and minor daughter based solely on the wife's dying declaration. The wife, Parveena, was alleged to have suffered from mental illness, raising doubts about her capacity to make a reliable statement. The Supreme Court examined whether the prosecution had proved beyond reas…

The case concerned the determination of inter se seniority among Indian Railway medical officers who were either directly recruited through the UPSC or initially appointed on an ad‑hoc basis and later regularised. The Supreme Court examined whether periods of service rendered before regularisation could be counted for …

The importer C.L. Jain Woolen Mills brought polyester filament yarn from Korea, which was seized by customs under Section 111(d) of the Customs Act, 1962. The High Court quashed the seizure and ordered release of the goods without demurrage, a decision that became final after the Revenue's special leave petition was di…

The appellant, a tenant, sought restoration of possession of agricultural land after the landlord's widow took possession following a termination under Section 31 of the Bombay Tenancy and Agricultural Lands Act, 1948. The widow leased the land to another tenant within eleven years and eleven months of taking possessio…

The case concerned Traffic Apprentices recruited by Indian Railways before 15‑May‑1987 who claimed entitlement to the higher pay scale (Rs 1600‑2660) introduced for post‑cut‑off recruits. The Supreme Court had earlier, in Union of India v. M. Bhaskar, upheld the Railway Board's memorandum limiting the higher scale to p…

In 1983 the Government of India, responding to a prolonged textile strike, promulgated an Ordinance and later an Act to take over the management of thirteen textile mills pending their nationalisation. Three Bombay mills – Elphinstone Spinning & Weaving, Jam Manufacturing and New City – challenged the legislation, alle…

The appellant was named in a private complaint alleging offences under the Prizes, Chits and Money Circulation Scheme (Prohibition) Act and IPC 420. The Chief Judicial Magistrate, without examining the complainant on oath, ordered the police to register an FIR and investigate under Section 156(3) of the CrPC. The appel…

The case concerned whether an arbitrator appointed, with or without court intervention, could award interest on sums due for the period before the arbitration reference (pre‑reference period) in disputes that arose before the Interest Act, 1978. The contractor’s award included interest from the due date to the date of …

Ishwar Chand Jain, a direct‑recruit Additional District & Sessions Judge appointed on 2‑May‑1983, was terminated after an extended probation but later reinstated and confirmed by the Supreme Court with effect from 2‑May‑1985. The High Court later fixed his seniority based on a 1990 notification that used the date of co…

Hindustan Lever Ltd (the appellant) challenged a cease‑and‑desist order issued by the Monopolies and Restrictive Trade Practices (MRTP) Commission. The Commission had received complaints from former stockists alleging that the appellant engaged in restrictive trade practices such as tie‑ups, area restrictions and refus…

Mahindra & Mahindra Ltd., a long‑standing user of the registered trademark "Mahindra", sued Mahendra & Mahindra Paper Mills Ltd. for passing‑off and trademark infringement, seeking permanent and interim injunctions to stop the defendant from using the name "Mahendra & Mahendra". The Bombay High Court granted an interim…

The plaintiffs filed a suit for eviction of the defendant under the Bihar Building (Lease, Rent and Eviction) Control Act, 1982, alleging default in rent, personal requirement and damage, and claimed title to the premises through three sale deeds. The defendant denied being a tenant of the plaintiffs, asserting an earl…

The respondent filed a suit for specific performance of a land sale agreement. After the plaintiff's evidence was closed, the defendant (appellant) applied under Order 13 Rule 2 of the CPC for production of a land acquisition award, electricity bills, and a registered sale deed. The trial court rejected the application…

Eighteen persons were charged under Sections 302 and 302 read with 149 of the Indian Penal Code for the murder of Parshuram Bind and his father. The prosecution relied mainly on two eyewitnesses, PW5 and PW6, who identified all the accused except for Accused No.12 (not identified by PW5) and Accused Nos.9 and 10 (not i…

The respondent, a Deputy Commandant of the Assam Rifles, was tried by a General Court Martial (GCM) for four offences under the Army Act, 1950, including disobeying orders, unbecoming conduct, and falsifying official records, and was sentenced to dismissal from service. The High Court set aside the dismissal, holding i…

The Kerala High Court convicted advocate K.A. Mohd. Ali of criminal contempt on two occasions under Section 12 of the Contempt of Courts Act, 1971. Despite the convictions, he continued to appear before courts, prompting the Kerala State Bar Council to bar him from pleading until he "purged" the contempt, invoking Rule…

Aligarh Muslim University advertised a lecturer post requiring at least 55% marks at master’s level or an equivalent foreign qualification. Tariq Islam, who held a B.A. (Hons.) degree from the Council of National Academic Awards, UK, and had subsequently earned M.Phil. and Ph.D. degrees from the university, applied and…

Wali Mohammed, a Muslim landowner, executed a Will bequeathing 25.32 acres to the appellants and died leaving a son, Gulam Mohammed, and a daughter, Moti Begum. The Tehsildar, after public notice and examination of witnesses, held the Will genuine and ordered mutation of the bequeathed land in the appellants' names. Th…

The respondents filed a reference under Sections 29(8) and 33 of the Uttar Pradesh Muslim Wakfs Act, 1960 seeking cancellation of the registration of a Musafirkhana and adjoining mosque as wakf. The property had been purchased with subscriptions collected from the general Muslim public and the building was erected usin…

The Manda Revenue Officer filed an application under Section 8 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 alleging that the first appellant had encroached upon five acres of government land and sold it to several respondents. The Special Court held that the land belonged to the government and ordered t…

The case involved the death of Janak Kumari, who suffered extensive burn injuries and allegedly made five dying declarations implicating her husband, mother‑in‑law and sister‑in‑law. The trial court acquitted the accused, holding that none of the statements were reliable. On appeal, the Supreme Court examined the admis…

Harmohinder Singh was appointed as a temporary employee of Kharga Canteen in 1974 under standing orders that allowed termination on one month's notice. In 1988 the canteen amended its standing orders to impose a maximum service period of 15 years and an age limit of 60, and terminated Singh's employment in June 1989 af…

The appellants, successors to a landowner who mortgaged his property in 1946, sought restitution under the Himachal Pradesh Debt Reduction Act, 1976. After a collector dismissed their 1979 application as time‑barred, they filed a suit for possession of the mortgaged land in 1981 under sections 4 and 5 of the Act. The t…

The respondent, Manish Bahal, was detained under Section 3(2) of the National Security Act, 1980, and the detention was approved by the Lt. Governor of Delhi. Bahal filed a representation to the Advisory Board, which reported that there was sufficient cause for his detention. The Lt. Governor, after considering the Boa…

The respondent was convicted in two separate offences and was arrested on the same day, remaining in jail as an under‑trial prisoner for both cases. Each trial court granted him set‑off under Section 428 of the Criminal Procedure Code (Cr.P.C.) for the period of pre‑sentence detention. The jail authorities, relying on …

The original tenant died leaving two sons; after his death rent was paid by the elder son and later by his widow. The landlord sued the widow for eviction and the parties settled, resulting in a consent decree. The landlord sought execution of the decree, but the younger son (appellant) and his family objected, claimin…

The appellants, originally appointed as cleaners and later promoted to Fireman Grade A under Railway Board Circular dated 25‑June‑1985, challenged a seniority list that placed later promotees—selected through written examinations—above them. The respondents argued that the promotees, having qualified under an earlier 1…

The case concerned the inter‑se seniority of railway employees promoted to the post of Senior Clerk. Some respondents had been promoted on an ad hoc basis because a suitability test could not be held, while the appellants received regular promotion after a suitability test. The Central Administrative Tribunal had held …

Mis. K. Sreetlite Electric Corporation appealed against an order of the Regional Provident Fund Commissioner, Haryana, which imposed damages of Rs 88,731.25 under Section 14‑B of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952 for belated contributions for July 1976‑June 1980. The corporation conten…

Workmen employed by Bank of India at various collection centres and clearing houses claimed entitlement to a special assistant allowance under the Industrial Disputes Act. The Industrial Tribunal held that the workmen were entitled to the allowance for the days they worked at the centres and ordered payment. The Bank a…

The appeal concerned whether an arbitrator appointed under the Arbitration and Conciliation Act, 1996 could be deemed a "Court" for the purposes of Section 195(3) of the Code of Criminal Procedure, 1974, and consequently whether Section 340 Cr.P.C. could be invoked against an arbitrator. The appellant argued that the a…

The appellant V.L. Tresa was accused of murdering her husband Vincent, but the trial court acquitted her of the murder charge (Sec. 302 IPC) due to lack of proof beyond reasonable doubt. She was, however, convicted under Sec. 201 of the Indian Penal Code for causing disappearance of evidence and giving false informatio…

The Vividh Kamgar Sabha, a trade union, claimed that its members were workmen employed by Kalyani Steels Ltd. and filed a complaint under Section 28(1) of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 alleging various unfair labour practices. The Industrial Court dismisse…

The Supreme Court examined the convictions of five appellants under Section 3(3) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for alleged conspiracy to commit terrorist acts, the recovery of large quantities of arms, ammunition and explosives, and related offences under the IPC, Explosive Substanc…

The appellants, manufacturers and dealers of fully automatic washing machines, claimed that their products qualified as "electronic goods" under a 1988 notification issued under Section 9 of the Andhra Pradesh General Sales Tax Act, 1957, and therefore were liable to a concessional tax rate of 2% (later 4%). The State …

The landlord sought eviction of a long‑term tenant under Section 21(1) of the Karnataka Rent Control Act, claiming bona‑fide need for occupation and rent arrears. The tenant argued that the landlord had entered into a sale agreement with a partnership firm of which the tenant was a partner, invoking Section 53‑A of the…

Dr. Kirpa Ram Mathur, appointed as Lecturer in Pathology in 1984, challenged a seniority list that placed him below Respondent No.4, claiming he had higher merit. After an initial government order in 1993 placed him senior, the High Court set aside that order and directed a fresh seniority determination under Rule 7(2)…

P.C. Joshi, a district judge, was terminated after a disciplinary inquiry that found him guilty of nine charges, mainly concerning bail orders, a stay of telephone disconnection, and the appointment of a gardener. He challenged the termination by filing a writ petition, which the Allahabad High Court dismissed. The Sup…

The Salkia Businessmen's Association feared displacement due to a fly‑over and obtained a writ petition that was disposed of by a settlement, the terms of which were incorporated into the Calcutta High Court’s order on 13 Feb 1991. The Howrah Municipal Corporation and other authorities later failed to give the alternat…

The appellant was convicted of murder under Section 302 IPC after the dead body of the deceased was found near the Hati River. The prosecution relied solely on circumstantial evidence, such as the last sighting of the accused and the deceased together, recovery of blood‑stained clothing, the missing gold chain, and for…

The plaintiff filed a suit for specific performance which was dismissed by the trial court, but the first appellate court decreed in his favour. The defendant appealed this decree, and while the second appeal was pending both parties died; the plaintiff's legal representatives were brought on record, but the defendant'…

The respondent, a public limited company, filed a suit as an indigent (in forma pauperis) plaintiff under Order XXXIII, Rule 1 of the Code of Civil Procedure. The appellant, Union Bank of India, challenged the suit, arguing that the term "person" in the Order refers only to natural persons and that a company could not …

The respondent, a former personal driver of Dena Bank's regional manager, claimed to be a workman and obtained a Labour Court award for reinstatement with back wages. Dena Bank challenged the award in the Allahabad High Court, which stayed the award on the condition that the bank reinstate the respondent and pay him re…

The petitioners, Delhi residents who completed their MBBS outside the National Capital Territory, sought admission to postgraduate medical courses at Delhi University under the 75% state‑quota seats. They argued that the university's rule, which reserves 25% of seats for an all‑India quota and the remaining 75% for Del…

Santosh Hazari filed a suit for declaration of title, recovery of possession and a permanent injunction against Purushottam Tiwar, alleging dispossession of a portion of his land. The trial court decreed in favour of Hazari, rejecting the defendant's claim of adverse possession and the defence of limitation. The Additi…

The appellant, a Metropolitan Magistrate, complained that a Delhi High Court judgment contained disparaging observations against her, which later entered her confidential annual records and threatened her career. She sought expungement of those remarks under Article 136 of the Constitution, arguing they were irrelevant…

On 20 December 1980 a bomb attack injured Sriram Singh, who later died. His dying declaration, recorded by a magistrate in the presence of a doctor, implicated Panchdeo Singh as being present at the scene. The magistrate asserted the deceased was in a fit state of mind, but no medical certification or doctor's signatur…

The landlords filed an eviction suit under Section 11(1)(c) of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982, claiming that the premises were needed in good faith for their own use and for a clinic of the son‑in‑law. The trial court, after examining the evidence, held that the requirement was bona fide …

The appellants, senior assistants of the Factories and Boilers Department, challenged Special Rules made under the proviso to Article 309 that allowed their transfer to higher posts in the Labour Department. The Andhra Pradesh Administrative Tribunal had declared those Rules void for violating the Presidential Order is…

Bharti Telecom Ltd imported polypropylene under the Value Based Advance Licensing Scheme (VBALS) and claimed duty‑free clearance under Notification No. 203/92. The Customs Department issued a show‑cause notice alleging that Bharti had availed MODVAT credit on inputs used for export, thereby violating the exemption cond…

During a raid on Gopal Sarkar's saw‑mill, forest officials seized illegally felled timber along with a band‑saw and related implements. The authorised officer, invoking Section 59A(3) of the Indian Forest Act, 1927 (West Bengal Amendment, 1988), ordered confiscation of both the timber (property of the State) and the to…

Hussan Mithu Mhasvadkar, employed as an Inspector in the Bombay Iron & Steel Labour Board, was placed on probation and terminated after 21 months. He claimed that he was a "workman" under the Industrial Disputes Act, 1947 and that the Board constituted an "industry", making him entitled to the Act's protections. The La…

The case concerned multiple recruitments to the Uttar Pradesh Higher Judicial Service where the Allahabad High Court had fixed the direct‑recruitment quota on the basis of a percentage of total cadre strength rather than on the actual vacancies and those likely to arise in the next two years as required by Rules 6 and …

The appellant was seized with 25 ampoules of injectable narcotic drug (Buprenorphine) and three syringes after police acted on information from a head constable. The trial court acquitted him, but the Kerala High Court convicted him under Section 21 of the NDPS Act. On appeal, the Supreme Court examined whether procedu…

The respondents entered into a sale agreement for a tenanted immovable property in Delhi for Rs. 79 lakhs and filed Form 37(1) under Chapter XX‑C of the Income Tax Act. The Appropriate Authority (AA) determined that the consideration was 24% below the fair market value (FMV) by comparing the subject property with three…

The appellant was appointed as Lower Division Typist by the Greater Cochin Development Authority (GCDA) in 1981 after meeting the qualifications advertised, completed probation, and was promoted to Upper Division Typist in 1983. Subsequent appointments of other typists led to a seniority dispute when the GCDA, citing t…

The appellants challenged a notice issued by the Deputy Commissioner of Endowments under Section 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, which sought to determine whether the Shri Panduranga Vitthal Swami temple was a public or private temple. They argued that the …

The Union of India appealed against a Delhi High Court order that set aside an acquisition order made by the Appropriate Authority under Chapter XX‑C of the Income Tax Act, 1961. The Authority had held that the sale price of a property in East of Kailash was under‑valued by comparing it with another property in a diffe…

The appellants Sanjay, Nawabuddin and Vinod were convicted for murder and robbery after the police recovered a weapon, blood‑stained clothes and stolen jewellery based on their disclosure statements made under Section 27 of the Evidence Act. The defence argued that the statements were inadmissible because they containe…

The landlord filed an eviction petition under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming the premises were needed for his son’s medical clinic and his own radio‑repair business. The prescribed authority ordered eviction in 1982; the order was upheld by th…

Solidaire India Ltd. had taken three loans from Fairgrowth Financial Services Ltd. and claimed that the agreed interest rate was 18% per annum. The Special Court (Trial of Offences Relating to Transactions and Securities) Act, 1992, awarded interest at 21.5% and 23% respectively, which the appellant contested. The appe…

The original owner, Smt. Vidyawati Devi, sold land to the appellants on 12 July 1984, and their names were entered as tenure holders in the revenue records. Respondents 3 and 4 forged a sale deed dated 24 July 1984, impersonating the vendor, and attempted to dispossess the appellants. The appellants filed a civil suit …

The State of Maharashtra decided to establish a government medical college at Kolhapur, which was challenged by the Indian Medical Association on the ground that the State had not filed an application with the Maharashtra University of Health Sciences under Section 64 of the Act and that the decision contravened the un…

Harjeet Singh, charged under Sections 302/34 and 307/34 of the IPC, applied for bail which was denied by the trial court but granted by a Single Judge of the Punjab and Haryana High Court. The State filed a separate application before another High Court judge seeking cancellation of the bail on the ground that the orig…

The Central Administrative Tribunal (CAT) ordered a fresh seniority list on 3 November 1999 without fixing a time‑limit for compliance. The Director of Education complied on 27 October 2000, while the order was simultaneously challenged before the Delhi High Court under Article 226. Despite the compliance and the pendi…

Adhyatma Bhattar Alwar filed a petition for divorce under Section 13(1)(ib) of the Hindu Marriage Act, 1955, alleging that his wife, Sri Devi, had deserted him for more than two years after the birth of their child. The wife claimed she stayed with her parents because her father‑in‑law made indecent advances and she de…

The case concerned a piece of land originally allotted to the widow Kirpo, which was inherited by her daughters Santi and Indra. After Santi's death, the property was mutated in Indra's name. Bhagat Ram had entered into an agreement with Indra and sued for specific performance, obtaining a decree in his favour. Teja Si…

The aircraft of British Airways unloaded cargo at Delhi airport. Customs authorities issued show‑cause notices alleging that some packages were short and imposed a penalty under Section 116 of the Customs Act. The carrier argued that it was not the ‘person in charge’ of the aircraft under Section 2(31) and therefore co…

The case concerned the interpretation of the Urban Land (Ceiling & Regulations) Act, 1976 with respect to whether a master plan existing at the time of the Act's commencement or a later master plan should be used to determine if land is vacant land in excess of the ceiling limit. The State of Andhra Pradesh sought to e…

The appellants, Harshad S. Mehta and others, sought to revoke conditional pardons granted by the Special Court under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, arguing that the Court lacked jurisdiction to grant pardon because the power under Sections 306 and 307 of the Crim…

The respondent, KAJAD, was arrested under Section 50 of the NDPS Act with 7 kg of opium and charged under Section 18, an offence punishable with imprisonment of ten to twenty years. His bail applications were rejected by the trial court and initially by the High Court, but a later High Court order granted bail despite …

The State of Kerala filed a contempt petition against M.S. Mani and others for publishing a newspaper column that allegedly scandalised senior advocates and undermined the dignity of the Supreme Court. The petition was filed on 17 May 1999, but the required prior written consent of the Attorney General/Solicitor Genera…

The Supreme Court examined appeals by several accused convicted of murder and offences under the Arms Act. It addressed whether the two‑year delay by the Patna High Court in pronouncing its judgment violated the right to speedy justice under Article 21 and the right of appeal. The Court held that such unexplained delay…

The appellants obtained a decree in England for a sum of about Rs. 3.6 crore and sought execution in Delhi, leading to attachment of the respondent's immovable property. While the attachment was pending, the respondent filed a suit in Delhi seeking a declaration that the foreign decree was void and obtained a stay of e…

The landlord filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, alleging non‑payment of rent, unauthorised sub‑letting and that the shop was dilapidated and unfit for human habitation. The trial court ordered eviction, but the appellate court set aside the order, finding th…

The appellant Mahendra Kumar filed a suit for partition of property with his mother, which resulted in a preliminary decree granting equal shares to mother and son, and a final decree after a document alleged the son had relinquished his share, giving equal shares to the mother and respondent No.1. Both parties appeale…

Gurbax Singh was seized carrying 7 kg of poppy straw in a polythene bag at a railway platform. A 100‑gram sample was taken and sealed in the presence of a witness, but the seal was later claimed to be wooden by the witness and brass by the investigating officer, and it remained with the witness for ten days. The trial …

The Union of India and others appealed against a decree passed by the High Court under Section 17 of the Arbitration Act, 1940 after an arbitrator's award, where the appellants had not filed objections within the prescribed 30‑day period. The High Court had held that such a decree was not an ex‑parte decree and therefo…

The case concerned a 19th‑century grant of six bighas of land in Jaipur as “Udak Jagir” to Swami Ram Ballabh, a disciple of the Ram Sanehi sect. The tenants of the present holder challenged the grant, arguing it was made to a religious institution or as a public trust, and sought exemption under the Rajasthan Land Refo…

The appellants were charged with the murder of a 12‑year‑old girl, Gudia Kumari, and were convicted by the Sessions Court and sentenced to death on the basis of circumstantial evidence; the High Court confirmed the conviction but commuted the sentence to life imprisonment. On appeal to the Supreme Court under Article 1…

The appellant Gurdev Singh challenged the detention of his son, Swarn Singh Sandhu, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), alleging misuse of the Duty Entitlement Pass Book (DEPB) export incentive scheme and forging shipping bills. The det…

The landlord Joseph Mathai filed an eviction petition under the Kerala Building (Lease & Rent Control) Act, 1965 on grounds of arrears of rent and bona‑fide need for reconstruction. The Rent Control Court initially dismissed the arrears claim but later allowed eviction on reconstruction; the tenant appealed, and the la…

The appellant, a widow of the original landlord S.N. Kapoor, sought eviction of the tenant under Section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide need for the premises. The Rent Controller held the claim not bona‑fide, and the Delhi High Court dismissed both the revision and the widow's applic…

The appellant, a temporary Joint Director on probation, had his services terminated after a summary inquiry and was challenged on the ground that the termination was punitive and stigmatic, requiring a full departmental inquiry under Article 311. The Court examined whether the termination order contained stigmatic lang…

The case involved a shoot‑out at J.J. Hospital in Mumbai on 12 September 1992, resulting in the murder of a prisoner and two police constables and injuries to several others. The accused – A‑2 (Jayawant Dattatray Suryarao), A‑6 (Subhashsingh Thakur) and A‑7 (Shamkishore Garikapatti) – were convicted under the Terrorist…

The landlord, a serving member of the armed forces, filed a tenancy case under Section 43‑IB of the Bombay Tenancy and Agricultural Lands Act, 1948 seeking resumption of land from the tenants. The High Court, after remand, held that the partition of the joint family lands in 1944 was conclusive and that land owned by t…

An arbitral award dated 29 August 1998 was forwarded to the Union of India with a request to file it in the Bombay High Court under the Arbitration Act, 1940. The Union filed the award on 29 March 1999 and challenged it on 19 April 1999, initially invoking sections of the 1940 Act, later amending the petition to refer …

The Supreme Court examined whether 36 fodder‑scam cases, originally filed before the Special Court in Patna, were transferred to courts in the newly created State of Jharkhand under Section 89 of the Bihar Reorganisation Act, 2000. The Court held that the word “exclusively” in that provision means “substantially all or…

The appellant, Umashankar, was charged with circulating counterfeit currency after paying for mangoes with a fake Rs 100 note and police recovered additional counterfeit notes and related items from his possession. He was convicted under IPC sections 489‑B (using counterfeit notes as genuine) and 489‑C (possession of c…

The appellant, M/s Aspinwall and Co. Ltd., claimed investment allowance under Section 32A of the Income Tax Act for machinery used in coffee curing plants for the assessment years 1980-81 and 1983-84. The Income Tax Officer rejected the claim, but the Commissioner of Income Tax (Appeals) allowed it, a decision upheld b…

Grosons Pharmaceuticals Ltd., an approved contractor for supplying drugs to the Uttar Pradesh government, was blacklisted after a vigilance inquiry uncovered irregularities and a criminal prosecution under the Prevention of Corruption Act and Section 120 IPC was launched. The State issued a show‑cause notice, the appel…

Mamta Anurag Sharma, an IPS officer of the West Bengal cadre, married an IPS officer of the Andhra Pradesh cadre and sought inter‑cadre transfer to her home state. The request was denied under the 1995 Government guidelines which forbid transfers to the spouse's home state on the ground of marriage. The High Court dire…

Two related suits were filed in the Calcutta High Court concerning a government contract for the preparation of photo identity cards. The plaintiff, Lohia Jute Press, sued its sub‑contractors for non‑performance, while the sub‑contractors filed counter‑suits seeking return of pledged shares and other reliefs. The High …

Coal India Ltd., a government company, sought to promote non‑executive employees to the post of Welfare Officer (Trainee) which, under Rule 72(2)(b) of the Mines Rules, 1955, required an MBA with a specialization in Personnel Management recognised by the Director General of Mines Safety (DGMS). The respondent, Bibhu Ra…

In the 1998 Madhya Pradesh Legislative Assembly election, the appellant was declared elected and the defeated respondent filed an election petition alleging corrupt practices. The petition and its supporting affidavit were drafted in Hindi, contrary to the High Court Rule requiring English, and the affidavit was not in…

The appellant, a Kudikidappukaran, occupied a hut (Kudikidappu) on land belonging to the first respondent. He was permitted to occupy the hut by a mortgagee who held a mortgage over only two cents of the land. The appellant applied to purchase ten cents of land adjoining his Kudikidappu, as provided by Section 80A(3) o…

The respondent, Ayesha Khan (also known as Bharati Chandmal Varma), was arrested on 1 April 2001 for several IPC offences and remanded on 2 April. During investigation, authorities discovered organised crime offences under the Maharashtra Control of Organised Crime Act, 1999 (MCOC) and obtained approval under Section 2…

Bahadur Singh, a truck driver, and Amreek Singh, a cleaner, were convicted under the Narcotic Drugs and Psychotropic Substances Act for allegedly transporting 3.9 kg of poppy straw. The prosecution’s case rested on the testimony of the investigating officer, who claimed to have seized the contraband, while the sole pan…

The plaintiff, who had been operating a colour lab and studio under the trade name "Muktajivan Colour Lab and Studio" since at least 1995, sued the defendants for passing off after they intended to use the same name for a similar business. The plaintiff sought a permanent injunction and an ad‑interim injunction; the tr…

The West Bengal State Electricity Board (the Board) had initially consented to the establishment of a new thermal generating station at Budge Budge, but the project cost later escalated. The licensee, Calcutta Electric Supply Corporation Ltd., sought further Board consent for the revised cost, which the Board approved …

The case arose when a two‑judge bench of the Supreme Court, disagreeing with a prior three‑judge decision in Nityananda Kar v. State of Orissa, ordered that the matter be placed before a five‑judge bench. The petitioners challenged whether such a referral was permissible under the Constitution and Supreme Court Rules. …

The Indian Overseas Bank and other nationalised banks amended their disciplinary regulations by a circular that barred an officer from seeking assistance from another employee who already had two pending disciplinary cases as a defence officer. The amendment was challenged on the ground that it violated Article 14 of t…

The petitioners, employees of Indian Airlines, challenged Regulation 13(b) which obliges a six‑month written notice before resignation, and a DGCA circular requiring a No‑Objection Certificate before an air‑taxi operator can employ such employees. They claimed the provisions violated Articles 14, 16, 19(1)(g), 21 and 2…

The Rajasthan Sales Tax Act, 1994 requires transporters to carry declaration Form ST‑18A and other documents under Section 78(2). A truck of Mis D.P. Metals was stopped at a check‑post without the form, seized and a penalty of 30% of the goods' value was imposed under Section 78(5). The respondents challenged the const…

The landlords (Bajorias) sought eviction of the tenants (Burmans) from a shop under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 on grounds of non‑payment of rent and personal requirement. The tenants had repeatedly sent the monthly rent by postal money order to one co‑owner, Anar Devi, who refused …

The dispute concerned a tract of shamilat pasture land used by the village community of Majra Dughe for grazing. The land, originally vested in the Gram Panchayat under the Punjab Village Common Lands (Regulation) Act, 1961, later fell under the Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974, w…

The landlord, who occupied part of a building, filed an eviction petition against the tenant occupying the remaining part, invoking Sections 11(3), 11(8) and 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The Rent Controller rejected the claim under 11(8) and 11(4)(iv) but ordered eviction under …

Mis. Fuerst Day Lawson Ltd. entered into a supply contract with Jindal Exports Ltd. which gave rise to a dispute arbitrated before the International General Produce Association, resulting in a foreign award dated 13 August 1996. The award was sought to be enforced in Delhi High Court, but the court dismissed the execut…

The Tamil Nadu State Transport Corporation dismissed a junior superintendent after a departmental inquiry and sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act, 1947. The Labour Tribunal rejected the application on merit, finding no prima facie case for dismissal. Despite the reject…

The appellant, Rajeev Chaudhary, was arrested for offences under IPC sections 386, 506 and 120B and was released on bail by a Metropolitan Magistrate under Section 167(2) of the Criminal Procedure Code because the charge‑sheet was not filed within 60 days. The Additional Sessions Judge set aside the bail, holding that …

The appellants, who were operating a factory manufacturing Mandrax tablets, were detained under the Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances Act, 1988. They challenged the detention on two grounds: that the order failed to inform them of their right to make a representation to the State…

Dr. K. Santhakumari, an Assistant Research Officer, challenged her placement at the bottom of a select list for promotion to Research Officer, arguing that promotion should be based on seniority-cum-fitness. The Departmental Promotion Committee had prepared the list under recruitment rules that classified the Research …

The appellant, Shobha Suresh Jumani, wife of a detenu whose properties were ordered forfeited under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, filed an appeal claiming to be a "person aggrieved" under Section 12(4) of the Act and also sought maintenance under the Hindu Adoption …

The Supreme Court entertained a writ petition under Article 32 challenging the poor implementation of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, which aims to curb female foeticide. The petitioners, including CEHAT, alleged that neither the Central nor State Governments had eff…

The Supreme Court entertained a public‑interest writ petition filed by Vishwa Jagruti Mission seeking directions to curb the menace of ragging in educational institutions. Relying on Articles 32 and 142 of the Constitution, the Court observed that ragging is a serious social problem requiring not only criminal legislat…

The appellant, Narsingh Prasad Singh, filed a criminal appeal after his daughter was brutally beaten with a burning wooden stick by the respondents, Raj Kumar and others, for alleged dowry demand. The trial court convicted the respondents under Section 498-A of the Indian Penal Code and sentenced each to one year of ri…

The original owner sold two adjoining parcels to the appellants and the first respondent, each deed describing a specific area and granting a right of ingress and egress over an open passage. The first respondent later executed a Release Deed relinquishing all rights except passage, but subsequently erected structures …

The Supreme Court considered appeals by Oriental Insurance Co. Ltd. and other insurers against claims filed by Hansrajbhai V. Kodala and others under Section 163A of the Motor Vehicles Act, 1988 for lump‑sum compensation on a structured formula basis. The claimants had also sought interim compensation from the Claims T…

The appellant, Rajneesh Aggarwal, presented three cheques drawn on Bank of Baroda by Bhalla Techtran Industries Ltd. and signed by its director, Amit J. Bhalla. The cheques were dishonoured and the appellant served a notice to the director, demanding payment within 15 days. After no payment was made, a criminal complai…

The employees of defence unit‑run canteens filed applications before the Central Administrative Tribunal (CAT) seeking benefits available to regular defence personnel, arguing that the canteens are part of the Canteen Stores Department (CSD) and thus under the Ministry of Defence. The Union of India contended that the …

The State of Karnataka employed part‑time lecturers for periods of ten to twenty years but failed to regularise them. A High Power Committee recommended a one‑time absorption of these lecturers, leading to the Karnataka State Civil Services (Absorption of Persons working as Part‑Time Lecturers…) Special Rules, 1996, fr…

The appellants, who were headmasters of schools that later became aided or government institutions, challenged a Special Bench of the Orissa High Court that set aside earlier Full Bench judgments allowing them to continue as headmasters despite not meeting the qualifications prescribed in Regulation 17. The Supreme Cou…

The Supreme Court dismissed appeals by Sharma Transport and other tourist bus operators challenging the Andhra Pradesh Government's cancellation of a tax concession for tourist vehicles. The operators argued that the concession, granted based on a 1993 letter from the Union Government, could not be withdrawn and that t…

The Bombay government assumed management of certain agricultural lands in 1949 and terminated it in 1957. After termination, the tenant (first respondent) held a non‑permanent tenancy and, under Section 88(1)(d) proviso (b) of the Bombay Tenancy and Agricultural Lands Act, 1948, had a one‑year window (until 1 Oct 1959)…

The respondent, a Chief Vigilance Inspector, applied for promotion to Assistant Engineer and failed the viva voce interview. He alleged that the Selection Committee was biased because its chairman was allegedly related to a person he had investigated in his vigilance role, and that the committee’s secretary influenced …

The Government of the National Capital Territory (NCT) of Delhi ordered the repatriation of several Joint Account Officers and Assistant Account Officers who were on deputation from the Ministry of Urban Development and posted in the Delhi PWD. The officers, represented by the All India Central Civil Accounts Associati…

The case concerned Ghulam Qadir's claim to a property that had been declared evacuee property and vested in the Custodian under the Jammu Kashmir State Evacuees (Administration of Property) Act, 1949. The original claimant, Sardar Begum, had filed a claim under Section 8, executed a will in favour of Qadir, and died; s…

The State of Karnataka issued a Section 4(1) notification on 28‑11‑1987 (published 23‑2‑1988) indicating its intention to acquire land for housing. A declaration under Section 6(1) was made on 22‑2‑1989, within one year of the Section 4 publication, and was later published in the Official Gazette on 9‑3‑1989. The petit…

The landlord filed an eviction suit against the tenant under the Madhya Pradesh Accommodation Control Act, 1961 on grounds of rent default and unauthorised occupation of a portion of the premises. The trial court decreed eviction, but the first appellate court reversed, erroneously requiring the landlord to prove that …

The petitioner, a junior (non‑advocate‑on‑record) of the Supreme Court, applied for allotment of lawyers' chambers but was rejected for not proving the required 50 appearances in each of the two preceding years. He submitted photocopies of cause lists and an affidavit, many of which showed him as a "Petitioner in Perso…

Dr. Prachi Almeida, who earned her MBBS at Goa Medical College under the 15% all‑India quota, applied for a postgraduate medical seat in Goa but was denied because she had not resided in Goa for ten years as required by Rule III(iii) of the Goa University admission rules. She contended that the residence requirement sh…

The Dean of Goa Medical College appealed against a Bombay High Court order that had held the ten‑year residency requirement in Rule III(1)(iii) of the Goa Rules 1998 to be merely directory, thereby allowing Dr. Sudhir Kumar Solanki to be considered for admission to a postgraduate medical course. The Supreme Court exami…

The State of West Bengal awarded a one‑year franchise to M.R. Mondal for toll collection on a stretch of the Durgapur Expressway, but Mondal defaulted on payments and sought extensions through a memorandum issued by the Joint Secretary. The memorandum purported to allow collection for up to 30 years, and the High Court…

The Government framed Rules (1994) for admission to post‑graduate medical courses stipulating that a candidate's option exercised in the first counselling is final and that vacant seats thereafter are to be allotted only to candidates on the waiting list. A Single Judge of the Allahabad High Court held that such vacant…

The accused, armed with knives, entered a Harijan household at night intending to rape an 18‑year‑old girl. When she resisted, one accused (Tahir) stabbed her, causing her death, while the others inflicted knife injuries on her parents. The trial court convicted Jhinkoo Nai and Deep Chand under Sections 302/34 (murder)…

The appellants filed a partition suit claiming title to a half of a property based on a will executed by Masane Gowder in favour of two sisters. The respondents contested the will, arguing that the property was joint family property and that the will was not properly attested. The trial court held the will unproved; th…

The petition, filed under Article 32 of the Constitution, sought the Supreme Court’s intervention to curb ragging in educational institutions by directing the Central Government to give wide publicity to the guidelines issued by the Court on 4 May 2001. The petitioner contended that the earlier order had achieved its s…

The State of Maharashtra introduced a CPED course, but a private institution, Lokmata Indira Gandhi College of Sports, admitted students without permission for the 1994-95 session. After several writ petitions were dismissed, a forged Supreme Court order dated 28 August 1998 was allegedly sent to the State, directing i…

The appellants were charged under Sections 498‑A and 304‑B of the IPC for a dowry‑death. The Additional Sessions Judge granted them bail on 13 November 2000 without recording any reasons, prompting the father of the deceased to move the High Court, which cancelled the bail on the ground that the order was perverse and …

N.G. Dastane, an aggrieved witness, filed a complaint against advocates Shri Shrikant S. Shivde and his colleague for repeatedly seeking adjournments to avoid his cross‑examination in a theft‑of‑electricity case, despite his presence in court. The Judicial Magistrate granted each adjournment, causing hardship to the wi…

The Kerala Public Service Commission (KPSC) issued a notification for recruitment of Junior Health Inspectors in 14 districts, stipulating that a candidate could apply to only one district and that any application violating this or containing a false declaration would be summarily rejected. A large number of candidates…

The case concerned the settlement of a country liquor shop in Assam under the tender system prescribed by the Assam Excise Rules, 1945. Respondent No. 4, an educated unemployed applicant, submitted a tender but failed to provide the detailed financial particulars required by Rule 206(2). The Board of Revenue rejected t…

The dispute arose from an arbitration award where the decree did not include pendente lite interest. The decree holder sought such interest in execution, which was rejected, leading to a series of revision, interlocutory, and review petitions in the High Court. While a review petition was pending, the appellant filed a…

The appellant, Mis. Tandon Brothers, owned the Rohini Tea Estate and was served a notice under Section 6(3) of the West Bengal Estate Acquisition Act, 1953, declaring 1,451.40 acres surplus. After a long delay, the State issued a second notice superseding the first and sought possession of a larger area, prompting the …

The appellant Suryanarayana was convicted under IPC Section 302 for the murder of Saroja, based primarily on the testimony of a four‑year‑old child witness, Bhavya, who identified the appellant as the assailant. The appellant appealed, arguing that a conviction cannot rest on the sole testimony of a child and pointing …

The respondent, a defeated candidate, filed an election petition challenging the election of the appellant to the West Bengal Legislative Assembly on grounds of corrupt practices under Sections 123(2), (4) and (7) of the Representation of the People Act, 1951. The Calcutta High Court found several persons guilty of suc…

Satish Kumar Sharma, a full‑time salaried law officer of the Himachal Pradesh State Electricity Board, was enrolled as an advocate in 1984. After more than a decade, the Himachal Pradesh Bar Council cancelled his enrollment, invoking Rule 49 of the Bar Council of India Rules, which bars full‑time salaried employees fro…

The appellant's husband was killed when the front tyre of a jeep burst, causing the vehicle to capsize and crush a pedestrian. The widow and children filed a claim for compensation before the Motor Accidents Claims Tribunal, which dismissed the claim on the ground that there was no negligence, awarding only Rs 50,000 u…

The petitioners sought a direction under Article 32 of the Constitution to prohibit smoking in public places, arguing that passive smoking infringes the fundamental right to life under Article 21. The Court examined the harmful health effects of tobacco smoke, both for smokers and non‑smokers, and considered the object…

The tenant, N. Prabhakar Rao, occupied a building (both residential and non‑residential) under a lease dated 5 February 1974, paying Rs.160 per month. The landlord, J.R. Ramesh Kumar, filed an eviction petition under Section 10(3)(a) of the Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act, 1960, claiming a…

The State prosecuted Bharat Fakira Dhivar for the murder and rape of a three‑year‑old girl, Nisha, relying on the testimony of two child witnesses who saw the accused carrying a blood‑stained bag, and on forensic evidence linking the accused to the crime. The trial court convicted the accused under Sections 302, 376 an…

Nazir Ahmad Bhatti, a bank manager, was arrested after a police raid recovered a cassette, stickers and floppies allegedly containing secessionist material. He gave a confession to the Deputy Commissioner of Police (PW‑4) under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA). The appellant…

Roshan Deen, a workman injured while operating machinery at Preeti Lal's flour mill, claimed compensation under the Workmen's Compensation Act, 1923. While the claim was pending, the Commissioner dismissed it on the basis of an alleged agreement between the parties that Deen would withdraw his claim, an agreement later…

The respondent issued eight cheques to the appellant in April 1995, which were dishonoured when presented in May 1995. After being asked for more time, the respondent altered the dates of the cheques to 1996 and presented them again in July 1996, where they were again dishonoured. The appellant filed a complaint under …

Sakthi Trading Co., a partnership firm, was dissolved on the death of one partner but was immediately reconstituted with the remaining partners, so the business continued without interruption. The Income‑Tax Officer had valued the closing stock on the dissolution date at the usual "cost or market, whichever is lower" m…

K.C. Sareen, a Punjab National Bank officer, was convicted under Section 13(2) of the Prevention of Corruption Act, 1988 and IPC sections 120, 201 and 420 for defrauding the bank and was sentenced to one year of rigorous imprisonment and a fine. He was dismissed from service and appealed to the Punjab and Haryana High …

The Meghalaya State Electricity Board (MSEB) adopted a Government of Meghalaya memorandum on premature retirement of employees under Fundamental Rule 57(b) by passing Resolution No. 6 on 10 May 1989 and later issued an order compulsorily retiring Jagadindra Arjun. The employee challenged the order, and while a Single J…

The Jagdish Cancer and Research Centre imported a teletherapy unit under a duty‑free exemption granted by Notification No. 64/88, which required the hospital to provide free treatment to at least 40 % of outdoor patients, free treatment to all indoor patients whose family income was below Rs 500 and to reserve 10 % of …

Biman Krishna Bose had a mediclaim policy with United India Insurance Co. Ltd. After the insurer failed to pay a claim for his wife's hospitalization, Bose pursued the matter through consumer forums and the Supreme Court, eventually obtaining a decree for payment. While the litigation was pending, the policy fell due f…

Reva Investment Pvt Ltd transferred jewellery, valued at Rs 13,91,350, to its twelve wholly‑owned subsidiary companies in exchange for fully paid equity shares having a face value of Rs 5,69,400. The subsidiaries held no assets other than the jewellery, while the shares received represented the entire shareholding of t…

The respondent, a constable of the Indo‑Tibetan Border Police, was convicted under Section 10(1) of the Central Reserve Police Force Act and sentenced to three months' imprisonment. On appeal, the appellate court modified the sentence and directed that the order would not adversely affect the respondent's service caree…

Harendra Arora, an Executive Engineer, was charged with irregularities and, after an enquiry, was dismissed. The enquiry report required by Rule 55A of the Civil Services (Classification, Control and Appeal) Rules, 1930 was not furnished to him, leading the Uttar Pradesh Public Services Tribunal to quash the dismissal.…

The Supreme Court examined several writ petitions challenging the assessment of property tax in Hyderabad and other municipal corporations. The core dispute was whether the Municipal Commissioner’s power to determine the rateable value and annual rental value of properties was limited by the recommendations of a Distri…

The appellant, Raju, was accused of enticing an 11‑year‑old girl, Rinku, with toffees, raping her and subsequently striking her with two bricks when she threatened to disclose the crime, resulting in her death. The prosecution relied on eyewitness testimony, the appellant's extra‑judicial confession to a local resident…

M.N. Daman filed a private complaint under Section 500 of the IPC alleging that S.K. Sinha and others made false and malicious imputations against him in a bail application, thereby defaming him. The magistrate, after recording Daman's sworn statement, issued summons to the respondents, finding a prima facie case of de…

The Ahmedabad Stock Exchange sought to dispose of the membership of its deceased member, Rajesh Shah, after his heirs declared they could not meet his liabilities. The Exchange declared him a deemed defaulter and exercised its right under the Exchange Rules to vest the membership in the Exchange and sell it. The Assist…

The case concerned a gruesome family murder motivated by a land dispute, for which Suresh (A‑1) and his brother‑in‑law Ramji (A‑2) were convicted of murder and sentenced to death, while their wife Pavitri Devi (A‑3) was acquitted. The State appealed the acquittal, arguing that A‑3’s presence at the scene amounted to pa…

The Municipal Council of Kota levied a "dharmada" tax on goods entering its limits under a 1968 notification issued pursuant to Section 104(2) of the Rajasthan Municipalities Act, 1959. Delhi Cloth & General Mills Co. sought an injunction restraining the levy, arguing that dharmada was not an octroi and thus unauthoriz…

The appellants were convicted for offences under Sections 148, 149 and 302 of the IPC based solely on the testimony of PW‑7, a cousin of the deceased and an interested witness. The Supreme Court held that the burden of proof lies on the prosecution and must be discharged beyond reasonable doubt. It found that PW‑7's ev…

Dr. A.K. Doshi was appointed as Member (Technical) of the Company Law Board after a Selection Committee had recommended another candidate (the 2nd respondent) and placed Doshi on a reserve panel. Allegations against the 2nd respondent were not presented to the Selection Committee but were used by the Secretary of the A…

The appellants purchased raw cashew nuts, a notified agricultural produce under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, and processed them into cashew kernels, also a notified produce. While they paid market fee on the purchase of cashew nuts, the Market Committee directed them to collect a…

The A.P. Bankers and Pawn Brokers Association, engaged in money lending and pawn broking, challenged a municipal notification that required them to pay a licence fee under Section 521(e)(ii) of the Hyderabad Municipal Corporation Act, 1955. The High Court had dismissed the petition, holding that the trade was dangerous…

The case involved two criminal matters arising from the same encounter, one containing offences exclusively triable by a Sessions Court and the other not. Both were committed to the Sessions Court, but the Sessions Judge transferred the second case to the Chief Judicial Magistrate under Section 228(1)(a). The Supreme C…

The Intelligence Officer of the Narcotics Control Bureau recovered 18.7 kg of ganja from Shambhu Sonkar and charged him under Section 20(b)(i) of the NDPS Act. The trial court denied bail, but the Calcutta High Court granted bail, holding that Section 37 of the NDPS Act did not apply because the maximum punishment for …

The dispute concerned promotions to Executive Engineer in the Haryana Electrical Inspectorate (Group‑A) Service. The service rules required a degree or diploma in Electrical Engineering from a recognised university or its equivalent. The appellants held diplomas issued by the State Board of Technical Education, which t…

The Supreme Court examined a Karnataka Government notification issued under Section 10 of the Contract Labour (Regulation & Abolition) Act, 1970 that prohibited the employment of contract labour in industrial canteens of factories employing 250 or more workers. The petitioners argued that canteen work is not part of th…

Five Group B, C and D government employees posted in Nagaland claimed they were entitled to rent‑free furnished accommodation, which was not provided, and therefore sought compensation in lieu of such accommodation (licence fee and House Rent Allowance). The Central Administrative Tribunal allowed the claim, relying on…

Ravi Singhal and his son filed a suit in the Delhi High Court seeking specific performance of a family settlement dated 4 November 1994, which required the husband to provide maintenance, a house, and other expenses for his wife and daughter. The wife and daughter obtained an interim order directing the husband to pay …

The appellant, Dinesh Dutt Joshi, was accused of demanding a bribe for providing an electric connection. The trial court discharged him, but the Rajasthan High Court, invoking its inherent power under Section 482 of the Code of Criminal Procedure, set aside the discharge and ordered that charges be framed against him, …

Sushma Mutreja was appointed as a Lower Division Clerk (LDC) in the Ministry of Commerce under Rule 12 of the Central Secretariat Clerical Service Rules, 1962 and later promoted to Upper Division Clerk (UDC) in the Labour Ministry on 3 November 1982 under a Zoning Scheme based on seniority. A provisional seniority list…

The appellant, who had sold his immovable property to the respondent, later entered into a written agreement whereby the respondent would sell the property back to him after five years for a specified sum. After the period elapsed, the appellant demanded reconveyance, but the respondent refused, leading the appellant t…

The State of Himachal Pradesh prosecuted Gian Chand for raping a 5‑year‑old girl, a distant relative, on 29 October 1991. The trial court convicted him under Section 376 IPC, sentencing him to ten years' imprisonment and a fine. The Himachal Pradesh High Court set aside the conviction, relying on alleged delay in filin…

Mis Sikkim Subba Associates was appointed by the State of Sikkim as the organising agent for state lotteries. A dispute over payments led to arbitration under the Arbitration Act, 1940, where the arbitrator awarded the appellants Rs 37.75 crore in damages. The State sought to set aside the award under Section 30 of the…

The employee was dismissed after a domestic enquiry which the Labour Court held to be invalid. The employer then sought permission to adduce fresh evidence to justify the dismissal, but did so only after the preliminary issue on the enquiry's validity had been decided. The High Court dismissed the employer's writ petit…

Uniply Industries Ltd. and Unicorn Plywood Pvt. Ltd. both used the marks "Uniply" and "Uniboard" for plywood products. The appellant sought an ex parte temporary injunction against the respondent, which was initially granted, but the respondent later claimed prior use of the marks dating back to 1993. The trial court a…

The Supreme Court examined whether 14 temporary posts of Additional District Judges created under the Delhi Higher Judicial Service Rules, 1970 before their amendment could be filled only by promotion from the Delhi Judicial Service or also by direct recruitment from the Bar as permitted by the amended rules of 1987. T…

The husband filed a petition under Section 5(ii) read with Section 12(1)(b) of the Hindu Marriage Act seeking a declaration that his marriage was null and void because his wife allegedly suffered a chronic, incurable mental disorder and refused cohabitation. The trial court dismissed the petition for lack of proof; the…

The U.P. Shia Central Board of Wakf registered a mosque, its sehan and Imam Chowk as Shia Wakf property. The U.P. Sunni Central Board of Wakf challenged this registration and, under Section 8(1) of the Uttar Pradesh Muslim Wakfs Act, 1960, referred the dispute to the Wakf Tribunal seeking a declaration that the propert…