Judgments of 2002

The case involved Sukhbir Singh, who was convicted of murder (Section 302 IPC) along with eight co‑accused for a fatal assault that arose from a sudden quarrel over mud splashed on him. The prosecution alleged that all nine formed an unlawful assembly with a common object to kill the deceased, invoking Section 149 IPC.…

In the first suit, the tenant defaulted on rent but deposited the arrears in court under Section 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, and the trial court denied eviction. The landlord appealed, withdrew the appeal, and meanwhile filed a second suit alleging a new default for the per…

The appellant, a registered charitable society, sought eviction of the tenant under Section 22(d) of the Delhi Rent Control Act, 1958, claiming a bona‑fide need for the premises. The tenant denied that the appellant was a public institution and that it required the premises. During trial the tenant’s counsel conceded b…

Thirty-two students who had qualified the CPMT in 1998 were admitted to Azamgarh Medical College, completed the first professional MBBS examination, and then discovered that the college was closed due to infrastructure deficiencies. The Supreme Court had earlier directed the Medical Council of India (MCI) and the Direc…

Mahila Bajrangi, through her legal representatives, filed a suit for declaration of title and possession of a house, claiming ownership based on a gift deed executed by her mother Gopali, who she alleged was the lawful wife of the deceased Gendilal. The defendants contended that Gopali's marriage to Gendilal was invali…

Sunil Kumar Rana filed a nomination for a municipal council seat, but his nomination was rejected because he had more than two living children, a disqualification under Section 13A of the Haryana Municipal Act as amended in 1994. The amendment introduced a proviso that a person with more than two children would not be …

The appellants, who were Supervisors in the Accounts & Entitlement wing of the Indian Audit and Accounts Department, claimed promotion to Assistant Accounts Officer on the basis that their pay scale and duties were identical to Section Officers and that they were entitled to equal pay for equal work. The Department arg…

The Supreme Court examined an appeal against the Madhya Pradesh High Court’s order upholding the rejection of a candidate’s nomination in a bye‑election. The Election Commission had instructed Returning Officers to require candidates to fill a proforma disclosing information relevant to disqualification under Section 8…

Syndicate Bank sued R. Veeranna and others for repayment of loans totaling Rs 16,15,091.05. The defendants accepted liability but contested the bank's claim for a higher rate of interest, arguing that the increase violated natural justice and the bank's own circulars. The trial court awarded the loan amount with intere…

Standard Pencils Ltd., a manufacturer of Kum‑Kum pencils, sought exemption from excise duty under Notification 235/1986‑CE, which exempts goods described as "Kum‑Kum" under sub‑heading 3307.90 of the Central Excise Tariff Act, 1985. The Assistant Collector and the Collector (Appeals) classified the pencils under headin…

The Supreme Court examined a public‑interest writ petition challenging several gifts of village common (shamlat) land by the Bhondsi Gram Panchayat to a former Prime Minister and his trust. The petitioner alleged that the gifts violated the Punjab Village Common Lands (Regulations) Act, 1961, its 1964 Rules, and the Fo…

The dispute concerned a 22-kanal agricultural plot that had been auctioned by the Rehabilitation Department and later sold to Rameshwari Dass. Karam Chand claimed to be the sub‑lessee of the land and applied for its transfer in his favour. After the sale was finalized and a conveyance deed issued to Dass, Chand filed a…

The State of Karnataka acquired agricultural plots in Bagalkot under the Land Acquisition Act, 1894, fixing a base market value of Rs 3 per sq ft based on a 1979 valuation. The Reference Court applied a 10 % per‑annum appreciation for subsequent years, arriving at Rs 6.85 per sq ft for 1985 and, after a 20 % deduction …

The State of West Bengal, having taken over the management and later the undertaking of the Great Eastern Hotel under the 1975 and 1980 Acts, transferred the undertaking (except lands and buildings) to the Great Eastern Hotel Authority. The Authority issued a circular to occupants of shop, office and godown premises wi…

The case concerned Kesaria Tea Co. Ltd., which had earlier claimed a deduction for a provision made towards purchase tax liability for the years 1978‑81. In the assessment year 1985‑86 the company wrote back the provision, believing that the liability had ceased following the rejection of a special leave petition in th…

The appellant Hotel Sea Gull obtained a Panchayat sanction to construct a five‑storey hotel and built the ground and first floors. It then erected a second floor without obtaining permission under Section 46 of the West Bengal Town and Country (Planning and Development) Act, 1979. The planning authority issued notices …

The landlord filed an eviction suit in 1985 against the tenant of a shop in Risod, before the city was declared a municipality. In 1989 Risod was notified as a municipality, bringing the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 into force for the premises. The tenant argued that, becau…

Avtar Singh, a convicted prisoner, applied to have the period of his parole counted towards his total sentence. The Punjab and Haryana High Court rejected his claim, holding that Section 3(3) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 excludes parole periods from the total sentence. He appealed…

The Railway Recruitment Board (RRB) Bangalore advertised for Junior Clerk‑cum‑Typist posts and appointed candidates, including the respondent. A CBI investigation later uncovered widespread irregularities—absence of a mandatory typing test, tampering of answer sheets, and procedural violations—rendering the entire sele…

The Saurashtra Oil Mills Association challenged Gujarat's 2000 order fixing stock limits for edible oilseeds and edible oils, arguing that the Central Government's 1997 amendment deleting these items from its 1977 Storage Control Order implied repeal of the State's 1981 order and created a constitutional conflict. The …

The Supreme Court examined a dispute where Karnataka Electricity Board (KEB) entered into a written agreement with landowners to acquire 21 acres 14 guntas for a power station, agreeing to pay Rs 14,250 per gunta for two‑thirds of the land and to pay solatium fixed by the Land Acquisition Officer (LAO). The LAO issued …

The State of Uttar Pradesh appealed the Allahabad High Court's acquittal of five accused in a murder case arising from a factional clash. The deceased had given a dying declaration naming Ram Sewak as the shooter, which was corroborated by a promptly lodged FIR and eyewitness testimony. The trial court convicted all fi…

Five students from a rural background in Uttar Pradesh were admitted to Jawahar Navodaya Vidyalaya (JNV) and later migrated to a JNV in Kerala as per the scheme's national integration policy. They faced language and cultural difficulties, leading to alleged indiscipline and their discharge on disciplinary grounds. The …

The respondent filed two revision petitions against a High Court order under the Tamil Nadu Buildings (Lease & Rent) Control Act, 1960, but applied for a certified copy of the order after the 30‑day limitation period had expired. The Supreme Court held that, under Section 12(2) of the Limitation Act, 1963, the time req…

The State of Uttar Pradesh issued a government order to lease sand mining rights on the Yamuna river bed for a term of three to five years. The appellant was initially granted a one‑year lease, which the Collector later extended by two years on the ground that the original lease should have been for a minimum of three …

The appellant, a District Malaria Officer, was convicted by the Sessions Court and the Orissa High Court for rape (IPC s.376) and wrongful confinement (IPC s.342) based primarily on the testimony of Ms. X, a lady supervisor who alleged she was taken to the appellant's house at night and forced to have sexual intercours…

The appellants, Swami Nath Chouhan and others, claimed tenancy of 4 Bighas 4 Kathas and 15 Lechas at Hukanpukhuri, alleging a lease from respondents 5‑7 in 1947, while the land had been acquired by the Union of India in 1943 for defence purposes and later reconveyed without possession. The Union issued a notice under R…

The Supreme Court considered the procedure for custody and disposal of property seized by police under Sections 451 and 452 of the Code of Criminal Procedure, 1973. The petitioners sought further directions on how seized items should be handled when the accused denies involvement and no physical article is recovered. T…

The appellants were apprehended in a truck carrying 640 kg of poppy husk at an odd hour; two were sitting on the bags and one was driving. They were convicted under Section 15 of the NDPS Act on the basis of presumptions of possession under Sections 54 and 35 of the Act, without any direct evidence of custody or contro…

Nihal Singh, a life convict under Section 302 IPC, filed a writ petition in the Punjab & Haryana High Court seeking classification as a Class‑B prisoner under para 576‑A of the Punjab Jail Manual, which provides facilities based on classification. The Single Judge declared the classification scheme ultra‑vires of Artic…

The assessee, I.T.E.C. (P) Ltd., sold projectors to Mis. International Talkie Equipment Co. Pvt. Ltd. and claimed exemption under Notification 71178. The Revenue issued a notice under Section 4(4)(c) of the Central Excise Act, alleging Mis. International was a "related person" and demanded excise duty and penalty for t…

The Supreme Court examined whether the Division Bench decision of the Madras High Court in M. Varadaraja Pillai's case merged into the Supreme Court's order of 10 September 1986, which dismissed appeals on the ground of non‑joinder of the State as a necessary party. The Court held that the Supreme Court order did not d…

The case concerned the murder of Dharam Pal, who was beaten by six accused persons amid a long‑standing enmity with the family of a former MLA, Raja Ram. The Sessions Court acquitted four of the accused on the ground that their identity was not established and convicted two of them under Section 304 Part II/149 IPC, ho…

The plaintiffs, owners of a leasehold premises in Gurgaon, sued the defendants for recovery of rent arrears and ejectment. The defendants failed to appear on the scheduled date, leading the trial court to proceed ex-parte and later set aside the ex-parte order under Order 9 Rule 7, imposing a condition that the defenda…

The Commissioner of Central Excise appealed against the order of the Customs, Excise and Gold (Control) Appellate Tribunal which held that the making of trusses, columns and purlines by the assessee constituted manufacture. The Tribunal relied on the decision in Aruna Industries v. CCE Guntur, applying it to the facts …

Gurmail Singh was arrested after allegedly arriving at a police station carrying a gunny bag on his head containing 27 kg of black gunpowder and four detonators, allegedly inspired by two constables to surrender. The Designated Court convicted him under Section 5 of the Terrorist and Disruptive Activities (Prevention) …

The appellant's brother was murdered during a violent incident at a polling booth, leading to the filing of an FIR under Section 302 IPC and the arrest of several accused. The accused applied for bail, which was rejected by the trial court, the High Court, and the Sessions Judge. After a second FIR for witness intimida…

Dr. S.K. Kushwaha, a lecturer with a Ph.D. but without the required M.Ed. or B.Ed., was appointed Principal of the College of Education, Kurukshetra University, after the Executive Council purportedly relaxed the qualification requirement. Respondent D.K. Joshi challenged the appointment, arguing that the B.Ed./M.Ed. q…

Ms. S. Janani, a B.Sc. Home Science student, failed her April 2000 examination and applied for re‑evaluation within 20 days of the result but without the original detailed marks card (DMC). The university rejected the application, and after receiving the DMC on 6 Nov 2000 she re‑applied on 8 Nov 2000, was re‑evaluated …

The Motor Accident Claims Tribunal awarded Rs. 12.53 lakh in compensation for a 1994 accident, directing United India Insurance Co. to pay the amount jointly with the driver, while the insured driver did not appeal. United India Insurance Co. filed a revision petition under Article 227 of the Constitution, believing it…

The appellant, a tenant, was evicted by decree for non-payment of rent. He sought relief on the ground that a subsequent event – the Haryana Urban Development Authority's (HUDA) resumption proceedings against the landlord – had been set aside, claiming that this extinguished the landlord's title and amounted to evictio…

The appellants, three constables, were convicted for murder, attempted murder and related offences arising from a violent incident on 24 December 1996. The prosecution's case relied on three eye‑witnesses, forensic reports and seized weapons, but the Supreme Court found serious deficiencies: the FIR was interpolated to…

The appellant Ashok Kumar was convicted under Section 376(2)(g) IPC for rape, based on the allegation that he facilitated the rape committed by the deceased Anil Kumar. The prosecution's case relied on the testimony of the victim's brother, who claimed the victim had told him that both men had raped her, and on the app…

The appellants were assessed for AY 1992-93 and appealed, resulting in partial modifications and a waiver of interest. A demand was re‑computed on 31‑12‑1998 and remained unpaid when the appellants filed a declaration under Section 88 of the Kar Vivad Samadhan Scheme (Finance Act, 1998). The designated authority reject…

The respondent filed a suit for possession of property on the basis of a Will that was signed by two attesting witnesses. At trial only one attesting witness and the scribe were examined, while the second witness, though alive, was not called. The trial court accepted the Will, but the District Judge reversed, holding …

The Cellular Operators Association of India (appellants) challenged the Government's decision to permit Fixed Service Providers to offer Wireless in Local Loop (WLL) with limited mobility, arguing that the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) failed to consider the level‑playing‑field issue, viola…

The cement manufacturers challenged Clause 9A of the Cement Control Order, 1967, which required a payment of Rs 9 per metric tonne on non‑levy cement, arguing that it was a tax imposed without statutory authority. The issue before the Supreme Court was whether the clause was ultra vires Section 18G of the Industries (D…

The landlady Sushila purchased a shop in 1977 and sought its eviction under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, to accommodate her married, unemployed son Prem Prakash who had an electrical‑wiring certificate and wanted to start a business. The tenant, Baij…

The dispute concerned the legality of the Orissa State Government's recommendation to grant a mining lease of 84.881 hectares of chromite to Nava Bharat Ferro Alloys Ltd. (respondent ‘N’) and the subsequent approval of that recommendation by the Central Government. The appellant, Indian Charge Chrome Ltd., challenged t…

The petitioners filed review applications under Article 137 of the Constitution seeking to set aside death sentences imposed by the Supreme Court in three criminal appeals. They argued that because one of the three judges on the bench had either acquitted the accused or suggested life imprisonment, the death penalty sh…

The Supreme Court examined appeals arising from a land acquisition award where 63 proprietors and other parties sought compensation for distinct shares of land. During the pendency of the appeals, five appellants died and their legal representatives were not brought on record, leading the Delhi High Court to dismiss al…

The dispute arose over the period for which interest under Section 234B (and related sections 234A, 234C) could be levied by the Income Tax Settlement Commission after an assessee disclosed previously undisclosed income under Section 245C. The revenue argued that interest should be limited to the date of regular assess…

The Revenue appealed against an order of the Income Tax Settlement Commission concerning Daman! Brothers' settlement application. The Supreme Court examined whether the Commission could waive or reduce interest under Section 220(2) while exercising powers under Section 245(4), whether assessment orders issued before th…

The Supreme Court examined the validity of Voluntary Retirement Schemes (VRS) introduced by State Bank of India and other nationalised banks, focusing on whether an employee’s application for retirement could be withdrawn before the bank’s acceptance despite a clause stating the request was irrevocable. The Court held …

The plaintiffs filed suits seeking a declaration that several earlier decrees and orders were illegal, null and void. The defendants moved to reject the plaints under Order VII Rule 11 of the Code of Civil Procedure, alleging no cause of action and that the suits were barred by res judicata. The trial court, without de…

M/s OCL India Ltd., a cement manufacturer, was assessed under the Orissa Sales Tax Act for the year 1986-87. The Sales Tax Officer issued an assessment order in 1987, which was later subjected to a show‑cause notice by the Assistant Commissioner in 1995 under delegated revisional power, but the proceedings were dropped…

Bhupindra Steels Ltd, a manufacturer of ingots, claimed exemption from excise duty under Notification No. 208/83, asserting that the "ends of M.S. Flats" used as inputs fell within sub‑item 8 of the notification. The Central Excise authorities rejected the claim; the Collector (Appeals) allowed it, but the Customs Exci…

An octogenarian woman was robbed and murdered in Bangalore. The prosecution proved that the accused, David Razario and Christopher David, had pawned a tape recorder belonging to the victim and later sold it, and that the weapon used in the assault bore the victim's blood group. The trial court convicted them under Sect…

The case concerned the killing of two children during a panchayat election in Haryana, allegedly by the accused Ruli Ram and his son Ramesh as retaliation for the victims' family refusing to vote for their candidate. The trial court convicted them under Section 304 Part‑II IPC and sentenced them to ten years' rigorous …

Mahesh Kumar Verma, a former railway employee, was allotted official accommodation while in service but failed to vacate after his retirement in 1984. The railway administration invoked Section 138 of the Indian Railways Act, 1890 to recover possession, but the Calcutta High Court set aside the order, holding that the …

The tenants (Mis. M. Subbarao & Sons) were ordered to vacate non‑residential premises under the Karnataka Rent Control Act, 1961. The Karnataka Rent Control Act, 1999 came into force on 31‑12‑2001, repealing the 1961 Act and containing a savings provision (Section 70). The tenants argued that, because the new Act did n…

The Supreme Court examined whether a motor insurer can appeal a Motor Accidents Claims Tribunal award under Section 173 of the Motor Vehicles Act, 1988 when the insured has not filed an appeal. It held that an insurer’s right of appeal is limited to the statutory defences listed in Section 149(2) and cannot be used to …

The Supreme Court heard appeals by the Union of India against the Madhya Pradesh High Court’s order quashing excise duty notices served on Sonic Electrochem Ltd. for the plastic body of its electro‑mosquito repellent (EMR) and a "fragrant mat". The issues were whether the plastic body constituted "goods" under the Cent…

The Supreme Court examined the validity of Notification SRO 348 dated 20 August 1982, which imposed an additional toll of Rs 0.06 per kilogram on dry fruits such as almonds, walnuts and kernels exported from Jammu & Kashmir. The petitioners argued that the levy was a fee requiring quid‑pro‑quo and that the State had no…

The case concerned a mass murder on 25 August 1991 in which Vijay Singh was killed and Sanuj Singh injured; twelve men were charged under IPC sections 302, 149 and 307 and the Arms Act. The trial court convicted all accused, but on appeal the Supreme Court examined procedural lapses such as delay in lodging the FIR, de…

The appellant, Dharmendrasinh, was convicted of murdering his two sons. The prosecution relied primarily on the ocular testimony of his wife, who described the incident in detail, and was corroborated by a neighbour. The defence challenged the credibility of the wife’s testimony, the contradiction regarding where the F…

The landlord filed an eviction suit under clause (a) of Section 21(1) of the Karnataka Rent Control Act, 1961, alleging that the tenant was in arrears of rent. The tenant argued that the advance rent paid at the commencement of tenancy should be adjusted against the arrears, and that Section 18, which limits advance re…

The Supreme Court examined the dismissal of Ram Gopal Sharma by Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd while an industrial dispute was pending. The employer had filed an application for approval of the dismissal under the proviso to Section 33(2)(b) of the Industrial Disputes Act, 1947, but the application was reje…

The Supreme Court considered appeals by New India Assurance Co. Ltd. against a Delhi High Court order that held the insurer liable for the full compensation awarded to third‑party claimants in a motor accident. The issue was whether an insurer that has not taken on higher liability by receiving a higher premium is boun…

The Supreme Court examined the constitutional validity of the amended Section 25‑0 of the Industrial Disputes Act, 1947 (and the identical Section 6‑W of the U.P. Industrial Disputes Act) which governs the closure of large industrial undertakings. The Court considered whether the procedural and substantive defects iden…

A1, A2 and A3, armed with guns, chased Ramdas and his brother Narayan and shot them; Ramdas died while Narayan survived. The trial court convicted A1 and A3 for murder under s.302 IPC, A2 for attempt to murder under s.307 IPC and acquitted A4 and A6 who carried knives. The High Court upgraded A2’s conviction to murder …

The appellant, a member of an aboriginal tribe, purchased land from tribal bhumiswamis during the period covered by Section 1708 of the Madhya Pradesh Land Revenue Code, 1959. He failed to submit the required information within the prescribed two‑year period, prompting the Sub‑Divisional Officer to issue a show‑cause n…

The deceased Razwana Parveen, aged 18, married appellant No.1 and was allegedly subjected to continuous mental cruelty and dowry demands by her husband and his mother, leading her to self‑immolate. The trial court acquitted the accused of Sections 304‑B, 306 and 498‑A IPC, doubting the dying declaration and witness tes…

Hardeep and his father Maha Singh were charged with the murder of Rajinder Singh. The trial court convicted Hardeep under IPC 304 Part I and acquitted Maha Singh, while the High Court upheld Hardeep's conviction, upgraded it to IPC 302, and retained the father's acquittal. On appeal, the Supreme Court examined the cred…

The appellant, a former casual labourer who was later given temporary status as a khalasi in the Indian Railways, was charged with fraudulently obtaining his appointment letter and was dismissed after a disciplinary enquiry. The enquiry report relied on the order of his appointment as documentary evidence but failed to…

The respondent, a clerk of State Bank of India, was found to have unauthorisedly added three salary increments to his own account while serving as Head Clerk, an act proved in departmental inquiry. The disciplinary authority initially proposed discharge but, after considering his explanation, imposed a lesser punishmen…

Six accused were charged with murder, attempted murder and other offences arising from a land‑dispute clash in Chhichrewal, Punjab. The trial court convicted all of them under Sections 302, 307, 323, 324, 326 IPC read with Sections 148 and 149, while the High Court set aside the convictions of three. The Supreme Court …

The appellant‑accused filed a petition under Section 482 of the CrPC seeking to quash a criminal complaint that alleged violations of Sections 60, 63, 68 and 68‑A of the Companies Act, 1956, involving the alleged siphoning of funds from Non‑Resident Indians into offshore entities. The High Court refused to quash the co…

The appellants (Ram Khilona et al.) had entered into an agreement of sale with the respondents (Sardar et al.) but the sale deed was never executed. After execution, the covenantors allegedly altered the agreement by inserting two independent marginal witnesses to lend authenticity. The respondents sought specific perf…

The appellants, former employees of the Council of Scientific and Industrial Research (CSIR), challenged their termination, arguing that CSIR is a "State" within Article 12 of the Constitution and therefore subject to fundamental rights protections. The High Court dismissed the writ petition relying on Sabhajit Tewary,…

The Supreme Court examined the claim of four specialist officers of the State Bank of India (SBI) that they were entitled to the higher starting salary (advance increments) granted to Probationary Officers, Trainee Officers and Rural Development Officers (RDOs) under the 1979 SBI Officers Order. The respondents argued …

The Karnataka Forest Act, 1963 authorized officers seized a lorry carrying sandalwood oil and later ordered its confiscation and that of the vehicle, publishing the order in the official gazette. The vehicle's owner applied to a Judicial Magistrate for interim custody, which was dismissed on the ground that only the au…

The State of Orissa prosecuted Thakara Besra and another accused for rape under Section 376 of the IPC. The prosecutrix testified that the accused forced entry through the thatched roof, assaulted her, and left blood and semen stains on her petticoat, which were confirmed by medical and forensic reports. The trial cour…

Beckodan Abdul Rahiman was arrested after a police search that uncovered 11 grams of opium. The search was conducted without complying with the mandatory procedural safeguards under Section 42(2) and Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, namely the requirement to forward a written reco…

The petitioners, accused of corruption under the Prevention of Corruption Act, were acquitted by special courts after two years of delay, relying on time‑limit directions from the Common Cause and Raj Deo Sharma cases. The Karnataka High Court set aside the acquittals and entertained appeals without giving notice to th…

The State of Karnataka charged M. Devendarappa and another with forging bank guarantees and impersonating a bank manager, invoking IPC sections 465, 468, 471, 420 and 120‑B. The Karnataka High Court, exercising its inherent power under Section 482 of the CrPC, quashed the proceedings on the ground that there was no def…

The State Bar Council of Andhra Pradesh appealed against the Bar Council of India's Disciplinary Committee order that set aside the State Council's decision to strike off advocate Kurupati Satyanarayana for grave professional misconduct. The advocate had received Rs. 14,600 on behalf of a client in execution proceeding…

The contractors Mis. Shyama Charan Agarwala & Sons entered into construction contracts with the Union of India and, after disputes arose, referred the matters to arbitration. The arbitrator awarded reimbursement for additional costs relating to stone aggregate, excavation of rock, and work in a restricted area. The Uni…

On 23 July 1994 a mob of 300‑400 persons armed with guns and petrol bombs attacked the house of informant Ganesh Singh in Amarpur, Bihar, killing six members of his family. The informant identified 19 persons, including the appellants Chandra Bihari Gautam and others, and the prosecution charged them under IPC Section …

In a case of gruesome carnage in Bihar that left 35 dead, the Designated Court convicted several accused under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Indian Penal Code based solely on a confessional statement of Bihari Manjhi recorded by a police inspector. The statement was taken…

The case concerned a mass‑caste massacre in Bihar in which 35 members of a community were killed and many others injured. Thirteen persons were charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Indian Penal Code; four were acquitted and the remaining nine were convicted, four o…

The Supreme Court examined the liability of Span Motels Pvt. Ltd. (SMPL) for constructing walls and bunds on the banks and bed of the River Beas, which interfered with the river's natural flow and caused environmental degradation. The Court affirmed earlier findings that SMPL's actions violated the public trust doctrin…

The petitioner was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after customs seized a large quantity of dutiable cell‑phones from his baggage at Chennai Airport. He claimed the goods were not his, that the customs statement was made under coerc…

The Commissioner of Central Excise challenged the CEGAT order that held an intermediate product prepared by Jagatjit Industries Ltd. from yeast, molasses and water was not liable to excise duty. The respondents bought fresh yeast, mixed it with molasses and water, and propagated it for use in the manufacture of potable…

The Airports Authority of India appealed a Gauhati High Court order that awarded compensation for cutting trees on its land using a multiplier of 18 years' yield. The appellant argued that the multiplier violated the Supreme Court’s decision in State of Haryana v. Gurcharan Singh, which limits the multiplier to eight y…

The State of Punjab appealed against a High Court order that quashed FIRs and subsequent proceedings against Harnek Singh, alleging that the investigations were conducted by police officers not authorized under the Prevention of Corruption Act, 1988. The accused had been investigated under notifications issued under th…

The workman, S.T. Hadimani, claimed that he had rendered service for 240 days in the relevant year and that his employment was terminated without payment of retrenchment compensation. The employer, the Range Forest Officer, denied that the workman had completed the requisite 240 days. The Labour Tribunal accepted the w…

The State of Haryana prosecuted several accused for the murder of Manphool under Sections 302, 149 and 201 IPC. The trial court convicted all, but the High Court acquitted Ram Singh, citing inconsistencies between his thumb‑marked disclosure statement and his arrest date, and gave him the benefit of doubt. On appeal, t…

Synco Industries filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging that State Bank of Bikaner and Jaipur had frozen its sanctioned working facilities without prior notice, seeking damages of Rs. 15 crore and additional expenses of Rs. 60 lakh. The NCDRC dismissed the petition…

After the bifurcation of Punjab in 1966, the Government of India allocated 3.5 MAF of Ravi‑Beas water to Haryana under a 1976 notification. Haryana could not draw its share through the existing Bhakra Main Line Canal and therefore proposed the Sutlej‑Yamuna Link (SYL) Canal, completing its portion in 1980 while Punjab …

The complainant S.S. Kumar filed a criminal revision against the conviction of Jagdeeshan under Section 138 of the Negotiable Instruments Act for two dishonoured cheques amounting to Rs. 4,50,000. The trial magistrate sentenced the accused to imprisonment till the rising of the court and a fine of Rs.5,000, which the c…

The case involved fourteen accused who, on the night of Holi, encircled and assaulted Bindeshwari Rai with deadly weapons, resulting in his death. The trial court convicted all of them under Section 302 IPC, with some also under Section 307 IPC, while the High Court later acquitted them of the Section 302/149 charge bu…

The victim, Pragnesh Kumar, died from severe burns after allegedly being attacked by a group of accused. Four dying declarations were recorded by a medical officer, a police sub‑inspector and two executive magistrates, none of which were accompanied by a medical certificate confirming the victim's mental fitness. The s…

The appellants—Munuswamy and his sons Kujlaresan and Selvam—conspired to kill the deceased, Adhimoolam, by waiting at a roadside, chasing him, overpowering him, and stabbing him with a pen‑knife on the father's order. The deceased died from injuries to vital organs. All three were convicted under Sections 341, 302 and …

Shakuntala, the natural daughter of the deceased Sunda Ram, sued to be declared owner of his property, challenging a registered adoption deed that named Jai Singh as an adopted son. The trial court and two appellate courts held that the adoption was invalid and decreed in favour of Shakuntala. On appeal, the Supreme Co…

V.K. Jain, an Assistant Engineer promoted to Executive Engineer in Uttar Pradesh, was compulsorily retired under U.P. Fundamental Rule 56(c) after a Screening Committee considered four adverse entries in his character roll, including a withholding of integrity. The High Court set aside the retirement, holding that only…

The Supreme Court examined the constitutional validity of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended) after the Delhi High Court had struck it down as violative of Article 14 and as eroding judicial independence. The Court held that Parliament has the competence to enact the Act…

Allarkha K. Mansuri was charged with murder under Sections 302, 504 and 114 IPC for allegedly stabbing Abdul Karim Ali Mohamed with a dharia. The trial court acquitted him, relying on alleged discrepancies in the FIR, the time of death, weapon identification and the alleged lateness of statements under Section 161 CrPC…

Baldev Singh Gandhi, an elected municipal councillor, publicly criticised the house‑tax assessment list prepared by the Municipal Council of Jandiala Guru, using pamphlets, loud‑speakers and inviting taxpayers to discuss grievances. The Punjab State Government claimed his actions caused difficulty in tax collection and…

The Supreme Court examined a dispute between tenant M.C. Pal and landlady Smt. Shanti Agarwal concerning eviction under the U.P. Urban Building (Regulation, Letting and Eviction) Act, 1972. The key question was the meaning of "date of first hearing" for the purpose of Section 20(4), which shields a tenant from eviction…

The land of the respondents was acquired under the Land Acquisition Act, 1894; the Collector awarded Rs 11,000 per acre while the claimants demanded Rs 30,000‑30,000 per acre. A reference court fixed the market value at Rs 75,000 per acre but, relying on the pre‑1984 Section 25, limited compensation to the amount claim…

On 23 October 1989, two nephews of Hardip Singh were shot dead by Jugraj Singh and his accomplices who were armed with guns and a gandasa. The prosecution presented the two surviving relatives as eye‑witnesses, supported by a post‑mortem report that identified gun‑shot injuries, and the trial court convicted the accuse…

The appellant filed an election petition challenging the election of respondent No.1 to the Lok Sabha and impleaded the Election Commissioner, Returning Officer and Chief Electoral Officer as respondents. The High Court ordered their deletion, holding that Section 82 of the Representation of the People Act, 1951 limits…

The Karnataka State Road Transport Corporation (KSRTC) challenged the grant of a stage‑carriage permit to private operators Ashrufulla Khan et al. for a route that overlapped a small portion of a notified route covered by a scheme of total exclusion prepared under Chapter IVA of the Motor Vehicles Act, 1939. The High C…

Nirma Ltd. filed a Special Leave Petition under Article 136 of the Constitution seeking to appeal an order of the City Civil Court, Ahmedabad, which had decided an appeal under sub‑section (2) of Section 37 of the Arbitration and Conciliation Act, 1996. The petition raised the question of whether a second appeal is bar…

The tenant (R. Kapilnath, deceased, through LRs) occupied a house owned by a temple and paid rent to the temple's pujari, Krishna, who filed an eviction suit under the Karnataka Rent Control Act, 1961. The Munsif Court granted eviction under clause (p) of Section 21(1) but not clause (h); the decision was upheld by the…

The State of West Bengal appointed Dinesh Chandra Vajpai, an Additional DGP, as Director General & Inspector General of Police (DG & IGP). Manas Kumar Chakraborty, a fellow IPS officer, challenged the appointment, arguing that only a substantive DGP could be appointed to the post and that the selection lacked a "credib…

The complainant challenged a High Court order that granted bail to one co‑accused (Irsan) in a murder‑related case, alleging that the order was laconic and failed to state reasons. The Supreme Court reiterated that the discretion to grant or refuse bail under the Criminal Procedure Code must be exercised with care, bal…

The officer-in-charge of a police station arrested Jadu (the respondent) despite a certified bail order issued by the Sessions Judge. The High Court initiated contempt proceedings under Section 19 of the Contempt of Courts Act, 1971, found the officer guilty of contempt, and sentenced him to seven days of civil impriso…

The appellants Raghunath and eight others were convicted under IPC sections 148, 149, 302, 323, 325, 436 and 452 for a violent incident in which the deceased Kundan Lal was killed. The Supreme Court examined contradictions in witness statements, the improbability of the prosecution’s version of the melee, the lack of e…

The Supreme Court examined whether a High Court, exercising criminal appellate jurisdiction under Section 374(2) of the Cr.P.C., could direct the State Government to file an appeal against an acquittal by a Sessions Judge. The High Court had ordered the Advocate General of Haryana to file a leave‑to‑appeal application …

The accused, members of the Bhirad family, were convicted for assaulting Ganesh Dhage with swords, causing severe injuries, under Sections 147, 148, 307 read with Section 149 of the IPC. The victim, while hospitalized, identified the accused by name in a statement recorded by doctors, which the defence claimed was spec…

Bharat Coking Coal Ltd. (appellant) claimed that certain lands, buildings and other assets owned by Karam Chand Thapar & Bros. Pvt. Ltd. (respondent) vested in the Central Government under Section 3G(vi) of the Coking Coal Mines (Nationalisation) Act, 1972, and issued notices for possession. The respondents contended t…

The Delhi Development Authority (DDA) had awarded a plot of land to Skipper Construction Co. (Pvt.) Ltd., which later sought a bank guarantee from New Bank of India for the balance payment. The bank officials allegedly facilitated the guarantee with irregularities, prompting a disciplinary inquiry. The Supreme Court, a…

The Supreme Court examined the convictions of seven accused in a murder case arising from a Naxalite attack in 1983. The key issue was whether identification of an accused for the first time in court, without a prior test identification parade or corroboration, could support a conviction, especially when the accused wa…

The tenants (appellants) challenged a second eviction petition filed by the landlord (respondent) under Section 15(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, claiming the landlord’s bona‑fide requirement for his son. An earlier appellate authority had held that the second petition was not barred by …

Rattan Dev filed a suit for a permanent injunction which was decreed by the trial court. The defendant appealed and the first appellate court reversed the decree, dismissing the suit on the ground that the plaintiff did not appear as a witness and an adverse inference was drawn. Rattan Dev filed a second appeal under S…

The plaintiff filed a suit in 1988 for a permanent injunction over agricultural land. In 1999, before trial commenced, he sought to amend the plaint under Order VI Rule 17 of the CPC to add relief for declaration of title and recovery of possession, alleging dispossession by the defendant in 1989. The trial court and t…

The appellant, a widow who had undergone a kidney transplant, filed an eviction petition under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, alleging that the respondent, her employee, occupied the premises as a tenant and was in arrears. The respondent sought leave to defend, denying …

The appellants were acquitted by a Sessions Court of murder charges under Sections 302 and 302/114 IPC. The State's appeal against the acquittal was dismissed by the High Court on a limitation ground, after which the informant filed a criminal revision under Section 401 of the CrPC. The High Court set aside the acquitt…

The appellants were part of an unlawful assembly that assaulted two men with various weapons, causing their deaths. The trial court, based on eyewitness and medical testimony, convicted all accused of murder under Section 302 read with Section 149 IPC, and also under Sections 148 and 147 IPC for other offences. The Hig…

Lakshmi Precision Screws Ltd. terminated the employment of Ram Bahagat under Clause 9(f)(ii) of its Certified Standing Orders after he was absent for ten days without leave. The company sent a notice on 17 October 1990 asking him to report within 48 hours, warning that failure would be deemed disinterest and his name w…

Advocate Prem Surana, who was also an accused in a criminal case, entered the Jaipur District Court and, after his application for exemption from appearance was rejected and a non‑bailable warrant issued, verbally abused and slapped the presiding Judicial Magistrate in open court. The District Judge referred the incide…

The case concerned a notification under Section 4(1) of the Land Acquisition Act, 1894 issued before the 1984 amendment, under which a declaration under Section 6(1) was made within the three‑year period but later quashed by the High Court. The State then issued a fresh declaration and the appellants challenged its val…

The appellant, a draftsman trainee who rose to General Foreman, applied for voluntary retirement under a scheme effective 12-18 October 1995. The employer accepted the application on 30 July 1997, subject to a later release memo. Before the actual release date, the appellant sent two letters (7 August and 27 September …

Sharda Devi appealed against the State of Bihar challenging a land acquisition award. The dispute turned on whether a Letters Patent Appeal (LPA) could be filed before a Division Bench of the High Court against the judgment of a Single Judge who had decided an appeal under Section 54 of the Land Acquisition Act, 1894. …

Bhatia International entered into a contract with Bulk Trading containing an ICC arbitration clause, agreeing that the arbitration would be held in Paris. Bulk Trading sought an injunction under Section 9 of the Arbitration and Conciliation Act, 1996 in an Indian court to restrain the appellant from dealing with its as…

The appellant, appointed as Deputy Director (Feed and Fodder) in 1987, claimed that his post was a regular Class I veterinary cadre post and sought the revised pay scales of 1987 and 1988 and seniority over two respondents appointed later to cadre posts. The State argued that the post was an ex‑cadre position created w…

India Automobiles (1960) Ltd., the owner of a nine‑storey commercial building, leased the premises to a tenant who sub‑let parts of it. The Calcutta Municipal Corporation fixed the annual value of the property under Section 174 of the Calcutta Municipal Corporation Act, 1980, by taking into account the rent paid by the…

The Uttar Pradesh Avas Evam Vikas Parishad (the Board) framed a housing scheme in a development area declared under the Uttar Pradesh Planning and Development Act, 1973. The scheme was notified under Section 28 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 in 1980, and the State Government gave its appr…

The landlord, a retired Indian Revenue Service officer, constructed a house in Moga and later let part of it to the tenant. After a decade he sought eviction on the ground of needing the premises for his own occupation because of age, health and lack of alternative residence. The Rent Controller and the Appellate Autho…

Four siblings purchased a commercial premises to start their own businesses, particularly plaintiff No. I who intended to run a clothing shop. The premises were occupied by the respondents as tenants. The trial court, applying Section 11(1)(c) of the Bihar Buildings (Lease, Rent & Eviction Control) Act, 1882, held that…

The respondents, landholders under the Rajasthan Tenancy Act, 1955, were initially found not to hold surplus land. After the Rajasthan (Imposition of Ceiling on Agricultural Holdings) Act, 1973 came into force, they were later declared to have surplus land and the State sought to reopen the earlier 1955 proceedings und…

The dispute involved the Barai community, owners of a group of tanks used for betel leaf irrigation, and the Dhimar fishing community who had been allowed to fish in those tanks under a historic Wajib-ul-arz agreement. The Barais sought an injunction to stop the Dhimars from fishing, claiming the right was only a licen…

The State of Haryana acquired about 84 acres of agricultural land for the development of residential and commercial sectors. After a reference under Section 18 of the Land Acquisition Act, 1894, the District Judge fixed a uniform compensation of Rs.125 per square yard. The High Court Single Judge reduced this amount to…

The Supreme Court considered appeals against a Karnataka High Court decision on the effect of Section 458A of the Companies Act, 1956 on limitation periods in winding‑up proceedings. The issue was whether the provision extends the limitation period for filing claims and, more importantly, whether a claim that was alrea…

Vasant Arjunrao Bhandak was charged under the Prevention of Corruption Act, 1988 and contended that the Principal Sessions Judge, Belgaum, lacked jurisdiction because the judge was not a "Special Judge" as defined in Section 3 of the 1988 Act. He argued that the appointment of the judge under a notification issued purs…

The appellants were convicted for murder of Harish Bhatia using a 9 mm pistol and a .38 calibre revolver, and were sentenced to death under IPC sections 302/34 and Arms Act section 27(3). The High Court upheld the death sentence, treating the weapons as prohibited arms under the Arms Act based on a government note. The…

Alamgir, a Pakistani national, travelled to Delhi with his wife Halima and stayed at a hotel. He left her locked in the room on 19 September 1991 and failed to return; her body was later found strangulated. Two slips of paper near the body bore handwriting identified by an expert as Alamgir's. He was arrested in Bombay…

The Supreme Court dismissed a public‑interest writ petition challenging the National Curriculum Framework for School Education (NCFSE) 2000 on the grounds that it was framed without consulting the Central Advisory Board of Education (CABE) and that it violated secularism and Article 28. The Court held that CABE is a no…

The Supreme Court examined the scope of Section 28‑A of the Land Acquisition Act, 1894, which allows a fresh application for re‑determination of compensation. It considered whether a dismissal of an application under Section 18 on the ground of delay amounts to "not filing an application" within the meaning of Section …

Gurpreet Singh, an ex‑Air Force officer, was charged with murdering his wife Kalpna by setting her on fire. There was no eye‑witness; the prosecution relied on circumstantial evidence including a strained marital relationship, a pending divorce with a monetary settlement, prior instances of domestic violence, the appel…

The appellant, K.G. Premshanker, sought to quash criminal prosecution on the ground that a civil suit for damages against him had been dismissed, and he argued that the civil judgment should prevail over the criminal case. The High Court rejected this plea and the matter reached the Supreme Court. The Court examined th…

The appellant, Tarun Bora (alias Aloka Hazarika), was convicted under Section 365 of the Indian Penal Code for kidnapping and under Sections 3(1) and 3(5) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for alleged terrorist conduct. The offence occurred on 18 August 1991, whereas Section 3(5) of TAD…

The doctors filed a petition before the National Consumer Disputes Redressal Commission (NCDRC) alleging that a complaint of medical negligence against them should be dismissed or stayed, arguing that the case involved complicated questions of law and fact and that a nine‑year delay in disposal rendered the consumer fo…

The husband entered into a hire‑purchase agreement with I.C.D.S. Ltd., and his wife stood as guarantor, issuing a cheque for part payment. The cheque was returned unpaid and the appellant served a statutory notice under Section 138 of the Negotiable Instruments Act, 1881, thereafter filing a criminal complaint. The res…

The workman, Tapan Kumar Bhattacharya, assaulted his supervisor in 1980, was suspended, found guilty of major misconduct in a departmental enquiry and dismissed. The employer sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act, 1947, and the Industrial Tribunal initially approved it. …

The case examined whether a sitting High Court judge appointed as President of a State Consumer Disputes Redressal Commission could continue to function as a judge. A group of advocates challenged the appointment, arguing it created a master‑servant relationship and threatened judicial independence, while the governmen…

The State Bank of Saurashtra (appellant) sought leave to defend a summary suit filed by Ashit Shipping Services (respondent No.1) under Order 37 of the CPC, which claimed payment on a bond that the bank alleged was an indemnity, not a guarantee. The bank alleged fraud and collusion involving the respondent and a second…

The appellant and respondent married and later separated, with the appellant filing for divorce in a U.S. court while the respondent returned to India and filed a suit for judicial separation and maintenance. The Delhi High Court, through a Single Judge, initially restrained the appellant from proceeding in the U.S. co…

The Industrial Financial Corporation of India (IFCI) advanced term loans to Cannanore Spinning and Weaving Mills Ltd. (the principal debtor) secured by mortgages and a Deferred Payment Guarantee (DPG). When the debtor defaulted, IFCI sought payment from the guarantors (defendants 2‑6 and the deceased K.D.) and also fil…

The K.V. Shramik Sangh, a trade union representing contract workers in the Mumbai Municipal Corporation's solid waste management department, filed a writ petition seeking abolition of the contract labour system and absorption of the workers as permanent employees, alleging that the contracts were sham and that the corp…

The landlady, who occupied a portion of a building for residential use, leased another portion to a tenant for non‑residential purposes. She sought eviction of the tenant under Section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming a bona‑fide need for the premises to start her s…

The respondents purchased parcels of land that were agricultural on the appointed day of the Urban Land (Ceiling and Regulation) Act, 1976 and later converted them to residential use after a master plan amendment. They applied to the Hyderabad Urban Development Authority for layout approval, which was conditioned on a …

The appellants, private stage‑carriage operators, held permits issued under the 1963 nationalisation scheme (as modified in 1980) and claimed that the Regional Transport Authority (RTA) could not grant permits to other private operators on routes overlapping those nationalised routes. They sought a writ of mandamus to …

The Government of Haryana issued a show‑cause notice demanding excise duty on beer brewed by Haryana Brewery Ltd, alleging that the wastage in the brewing process exceeded the statutory allowance. The brewery contended that duty could be levied only after the beer became fit for human consumption and that the 7% wastag…

The Madhya Pradesh Electricity Board (MPEB) was sued by the dependents of a workman who died after riding over a live electric wire that had fallen on a rain‑soaked road. The Board argued that the wire fell because a third party had illegally tapped the line, invoking the "act of a stranger" exception to strict liabili…

Charan Lal Sahu, an advocate, filed an election petition and a special leave petition challenging the election of Dr. A.P.J. Abdul Kalam as President of India, alleging that his own nomination was wrongly rejected and that certain provisions of the Presidential and Vice‑Presidential Elections Act, 1952 were unconstitut…

Dr. Prabha Atri, an anaesthetist at Kamla Nehru Memorial Hospital, was suspended pending a domestic enquiry after being charged with negligence and breach of medical ethics. She wrote a letter on 9 January 1999 stating that if her grievances were not addressed, she would resign with immediate effect. The hospital treat…

The State of Haryana prosecuted four accused for causing grievous injuries that led to the death of a police constable. The trial court convicted them under sections 325 and 326 read with 34 of the IPC, acquitting them of murder (302/34). The High Court reversed this, discarding the victim's dying declaration and an ey…

The respondent, a beneficiary of a trust, received income from a partnership firm which was assigned to the trust and later distributed. The beneficiaries, including the respondent, assigned their interests to a Body of Individuals (B.O.I.) and claimed that the assets should be valued as belonging to the B.O.I. The Ass…

The State Board conducted a combined entrance exam for MBBS and BDS seats for the 1997‑98 session. Respondent No. I, not selected for MBBS, opted for BDS and was admitted. After some MBBS seats became vacant, petitioners sought mid‑stream admission to those seats; the Patna High Court directed the Controller of Examina…

The appellants were convicted by a Designated Court for offences under the IPC, TADA and the Arms Act based largely on two police witnesses and confessional statements recorded under Section 15 of the TADA Act after a half‑hour "cooling period". Independent village witnesses were hostile and did not corroborate the pro…

Nine persons were charged with murder and related offences arising from a 1989 assault in Singpur, Gujarat. The appellant, Jayantibhai Bhenkarbhai, claimed an alibi, asserting he was in Ahmedabad and Gandhinagar attending legal proceedings on the day of the incident. The trial and High Courts rejected his alibi, convic…

K.M. Sharma received compensation and interest for land acquired under the Land Acquisition Act. The Income Tax Department issued reassessment notices under Section 148 for assessment years 1968-69 to 1971-72 and 1981-82, alleging tax on the interest received. Sharma contended that the reassessments were barred by the …

Sharad Kumar, employed as an Area Sales Executive, was terminated without a show‑cause notice or enquiry. The dispute was referred to conciliation, and the Delhi Government refused to refer it to an Industrial Tribunal or Labour Court, stating that Kumar was not a "workman" under Section 2(s) of the Industrial Disputes…

The petitioners were students admitted to a private medical college in Uttar Pradesh that was later found to lack the laboratory facilities and faculty required under the 1993 Medical College Regulations. The Supreme Court, recalling its earlier order dated 4 May 2001 directing an inspection by the Medical Council of I…

The All India Children Care and Educational Development Society applied to the Central Government under the Indian Medical Council Act, 1956 for permission to establish a medical college, submitting a scheme that required ownership of a 300‑bed teaching hospital and adequate staff and clinical facilities. The Allahabad…

Harbhajan Singh, a former editor of the Indian Observer, had served two consecutive three‑year terms as a member of the Press Council of India (1982‑85 and 1985‑88). When the Federation sought to nominate him again for the seventh Council, the Press Council rejected his nomination, relying on Section 6(7) of the Press …

The Punjab State Electricity Board (PSEB) issued a circular on 19 September 1991 stating that daily wage workers who had completed 500 working days up to a specified cut‑off date and were continuing in service of the Board would be eligible for conversion to work‑charged employees. Wazir Singh, a daily wager, filed a s…

Jamail Singh executed two sale deeds on the same day, one (Ex P-2) at 10:00 a.m. and the other (Ex D-1) with no time recorded. Lower courts found that Ex P-2 was executed earlier and therefore should have priority over Ex D-1. The Punjab and Haryana High Court affirmed this finding and dismissed the appeal against it. …

The appellant, Vashu Deo, was a sub‑tenant of Bal Kishan who had leased a shop from the Sarvjanik Sampati Trust under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The appellant fell into rent arrears and Bal Kishan sued him for recovery of rent and eviction, while the Trust simultaneously sued Bal K…

Amar Nath Chowdhury, an employee of Braithwaite & Co. Ltd., was removed from service by the Disciplinary Authority, who was also the Chairman‑cum‑Managing Director of the company. He appealed the removal before the Board of Directors, but the same Chairman‑cum‑Managing Director presided over and participated in the Boa…

Ganesh Trivedi bought a residential premises in Kanpur from landlord Jagdamba Prasad Awasthi. The premises had been let to Suraj Prasad, who died in 1985 leaving his brother Deo Narain as the sole heir and occupant. Vikas Shukla applied to the Rent Controller to have the premises declared "deemed vacant" on the ground …

Sunil J. Kinariwala, a partner in a firm, created a trust and assigned fifty percent of his ten percent partnership share to the trust, claiming that the income was diverted at source and therefore not assessable in his total income. The Income Tax Officer held the assignment to be an application of income and included…

The appellant, a medical practitioner, was found HIV‑positive when his blood was tested at Hospital Z during a donation for a relative. The hospital disclosed his HIV status to the relatives of his fiancée, leading to the cancellation of his marriage and social ostracism. The appellant sought compensation for breach of…

I.T.C. Ltd., a cigarette manufacturer, was served with show‑cause notices for removing 20 sticks from each machine daily as samples for quality‑control testing, without paying excise duty. The company argued that excise duty should not apply because the cigarettes were not yet packed, a step it claimed was part of manu…

The appellants, six convicted accused, appealed against their life sentences for murder under Sections 302, 149, 148 and 506 IPC, arguing that the prosecution's case relied on partisan eyewitnesses, lacked independent witnesses, showed no dragging injuries, and suffered an alleged delay in forwarding the FIR to the mag…

The case arose from a violent clash over the construction of a shed that resulted in the death of a man. The prosecution alleged that a group of accused formed an unlawful assembly, assaulted the victims and caused the murder. The trial court convicted fifteen accused under Sections 302, 148, 149 and 307 IPC; the High …

The appellants, dealers under the Karnataka Sales Tax Act, challenged the retrospective operation of an Explanation inserted in 1996 to the first proviso of Section 5(1‑A), arguing that it imposed a new tax burden they could not pass on to consumers and was therefore unreasonable and arbitrary. The State contended that…

The Supreme Court examined an appeal by the Taluk Land Board against a Kerala High Court order that accepted sale deeds executed by the sisters of Cyriac Thomas, the declarant. The central question was whether the sisters, as daughters of the deceased Elanjikkal Cyriac, possessed a legal share in the agricultural land …

Sodani Cement and Chemicals (P) Ltd., a small‑scale industry (SSI) manufacturing ordinary Portland cement, sought the benefit of Notification No. 23/1989‑CE which exempts cement produced in a vertical shaft kiln with a licensed capacity not exceeding 200 tonnes per day from the normal excise duty of Rs. 215 per tonne, …

The dispute centered on whether plaster of paris used to make moulds for sanitaryware qualifies as an "input" eligible for exemption under Notification No. 217/86, as amended by Notification No. 82/87, under the Central Excise Rules. Hindustan Sanitaryware & Industries, the respondent, claimed the exemption, but the ex…

The Haryana Civil Secretariat Personal Staff Association filed a writ seeking parity of pay for Personal Assistants (PAs) in the State Civil Secretariat with those in the Central Secretariat, invoking the principle of equal pay for equal work after the Fourth Central Pay Commission. The Punjab & Haryana High Court, rel…

The Supreme Court examined whether the Election Commission of India (ECI) could de‑register a political party under Section 29A of the Representation of the People Act, 1951 when the party called a hartal that involved force, intimidation or coercion, allegedly violating the Constitution. The Kerala High Court had dire…

The State of Rajasthan prosecuted Kishan Lal for rape under Section 376 IPC; the trial court sentenced him to seven years' rigorous imprisonment and a fine, which the Rajasthan High Court reduced to the period already served without recording adequate and special reasons. The State appealed to the Supreme Court under A…

The landlord, Joginder Pal, filed an eviction petition under Section 13(3)(a)(ii) of the East Punjab Urban Rent Restriction Act, 1949, claiming the premises were needed for the office of his chartered‑accountant son. The tenant, Naval Kishore Behal, occupied the premises for non‑residential purposes and contested the e…

The Supreme Court considered whether a writ petition under Article 32 could be filed to challenge a Supreme Court judgment after a review petition had been dismissed, and whether the Court could correct such a judgment using its inherent powers. It held that a final order of the Supreme Court is not amenable to a writ …

The landlord filed a suit in the Allahabad Court of Small Causes under the U.P. Urban Buildings Act for arrears of rent and eviction, which was decreed ex‑parte and executed. The tenants applied under Order 9 Rule 13 of the CPC to set aside the decree but neither deposited the decretal amount nor filed a prior applicat…