Judgments of 2001

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…

The Supreme Court examined the validity of a draft scheme under the Motor Vehicles Acts (1939 and 1988) to nationalise 39 road‑transport routes in Uttar Pradesh, of which 38 routes were distinct from the Saharanpur‑Shahdra‑Delhi route previously dealt with in Ram Krishna Verma. The Court held that the statutory right t…

The Supreme Court considered appeals by circus owners challenging a 1998 notification issued under Section 22 of the Prevention of Cruelty to Animals Act, 1960 that prohibited the exhibition and training of bears, monkeys, tigers, panthers and lions. The petitioners argued that the notification was arbitrary, that Sect…

The Supreme Court examined the validity of the Kerala Judicial Service Rules, 1991 which integrated the Civil Judicial Service and Criminal Judicial Service into a single Kerala Judicial Service. Sub‑rule (4) of Rule 3 fixed a 3:1 ratio for Subordinate Judges versus Chief Judicial Magistrates and a 5:2 ratio for Munsif…

The Supreme Court was asked to clarify its 10 May 1996 order directing H‑category hazardous industries in Delhi to surrender their land for green‑belt development. The Delhi Development Authority (DDA) sought directions on six specific issues, including the extent of land to be surrendered, the requirement of road acce…

The transport wing of Tirupati Tirumala Devasthanam (TTD) was transferred to the Andhra Pradesh State Road Transport Corporation (APSRTC) in 1975. Some of the 850 transferred workmen opted to be governed by APSRTC’s rules, while others did not. The workers’ union claimed that, under Clause 13 of the transfer agreement,…

The Supreme Court considered two contracts awarded in 1977 for earthwork and aqueduct construction in Andhra Pradesh. The contractors claimed reimbursement for losses caused by a cyclone in November 1977 and floods in June 1978, but their claim letters did not comply with Clause 83 of the contract, which required any c…

The River Steam Navigation Co. Ltd., operating a river service with about 8,000 employees, suffered heavy losses during the 1965 armed conflict with Pakistan and entered into a scheme of arrangement with the Central Inland Water Transport Corporation (CIWTC) that transferred assets but not the undertaking, and provided…

The Kerala Tax on Entry of Motor Vehicles into Local Areas Act imposes a tax on any motor vehicle that enters a local area for use or sale and is liable for registration under the Motor Vehicles Act, 1988. Petitioners Bose Abraham and others challenged the tax's applicability to excavators and road rollers, arguing tha…