Judgments of 2002

G.V.N. Kameswara Rao, a double‑doctorate holder working abroad, married G. Jabilli in 1979. Their marriage quickly became strained, with the wife returning to India and the couple living apart for years. Rao filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955, alleging mental cruelty by his wife. T…

The tenant, Mis. Precision Steel and Engg. Works, occupied a ground‑floor flat in Greater Kailash, Delhi, under a licence deed dated 13 September 1971 that required residential use but permitted incidental office use subject to local authority approval. The landlord, Prem Deva Niranjan Deva Tayal, sought eviction under…

An FIR under Section 302 IPC was lodged in 1979, but the case was not listed before the magistrate for over ten years due to administrative lapses. The accused filed a writ petition seeking quashal of the prosecution, relying on the A.R. Antulay v. R.S. Nayak decision that prolonged delay could warrant dismissal. The P…

The Supreme Court examined the meaning of "consultation" under Section 3(1) of the Orissa Lokpal and Lokayuktas Act, 1995, which requires the Governor to appoint a Lokpal after consulting the Chief Justice of the Orissa High Court and, if any, the Leader of the Opposition. The Chief Minister had proposed three names; t…

The appellant was convicted of murdering two sisters and committing house trespass under Sections 302 and 449 IPC based largely on circumstantial evidence, including alleged motive, sightings, and recovered items. He appealed, contending that the prosecution had not proved a continuous chain of circumstances, had suppr…

The case concerned the murder of Mangalanand Pandey in Bihar, for which eight persons were charged. Dinesh Pandey, who fired the fatal shots, was convicted under Sections 302, 341 IPC and the Arms Act. The remaining accused were convicted under Section 302 read with Sections 149 and 341 IPC. On appeal, the Supreme Cour…

The Supreme Court examined a public‑interest writ filed by Padma challenging CIDCO's bulk sale of developable land in Aurangabad. The High Court had held that the allotments to several private entities were made without Board approval, at prices below the reserve price, and in violation of Section 115 of the Maharashtr…

The appellant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging a decree of a subordinate court. The Madras High Court disposed of the appeal without framing any substantial question of law, despite the statutory requirement that the High Court must be satisfied that such a quest…

The respondent, a student who failed Mathematics with 19 marks, applied to the Maharashtra State Board for 20 grace marks under Regulation 52(3)(a) sub‑clause (d) on the ground of participation in state‑level sports. The Board rejected the application, stating that even with the grace marks the student would not reach …

The case involved a dwelling house inherited by a brother (respondent) and his two sisters (appellants) who had received their shares by gift from their mother. The sisters filed a partition suit; during the proceedings the younger sister married and the brother sought to pre‑empt her share under Section 4 of the Parti…

Rashida Begum, the lessee of a plot allotted by the President of India, entered into a registered agreement for lease that bound her by all covenants as if a formal lease deed had been executed. She constructed a building and let a portion to General Sales Ltd. The superior lessor issued a notice terminating the lease …

The Sind Maharashtra Co‑operative Housing Society, a tenant‑co‑partnership society, sued its member (respondent 2) and the appellant who was occupying a flat as a licensee since December 1970, seeking vacant possession under Section 91 of the Maharashtra Co‑operative Societies Act, 1960. The society alleged default in …

The appellants, parents of two coolies killed in a motor accident, claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation based on a monthly income of Rs.3,000 per victim, applying multipliers of 13 and 14 and interest at 6% per annum. The insurer and the insure…

The Modern Co‑operative Transport Society Ltd., a private passenger‑transport operator, challenged the Haryana Government's notifications appointing the State Transport Commissioner as Chairman of the Regional Transport Authority (RTA), arguing that Section 68(2) of the Motor Vehicles Act, 1988 bars any person with a f…

Narain Singh, a former driver and later constable in the Border Security Force, was charged with disobeying a lawful command and assaulting his superior after failing to report for sentry duty. He pleaded guilty and appealed his dismissal, arguing that his poverty and admission of guilt warranted leniency. The discipli…

The tenant, Harrington House School, occupied an old, partially built property and ran an unrecognised private school. The landlords, who are builders, sought eviction under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, to demolish the dilapidated structure and erect a multistorey com…

The trial court (Additional Sessions Judge, Muzaffarpur) acquitted the accused in a murder case under Sections 302 and 34 IPC. The aggrieved party filed a revision under Section 401 of the CrPC before the Patna High Court, alleging that the trial court had wrongly discarded eye‑witness testimony. The High Court set asi…

The case concerned the promotion of Sub‑Inspectors of the Uttar Pradesh police to the rank of Inspector. The Selection Committee had used the criteria laid down in the Government Order of 5 November 1965, a special rule under the Police Act, rather than the Uttar Pradesh Government Service (Criteria for Recruitment by …

The petitioners, who are police ministerial officers working in district offices, sought parity of pay scales and other emoluments with their counterparts in the headquarters (DIG, IG, DGP) based on a 1974 Government of Orissa resolution that created a separate cadre of police ministerial officers. The issue before the…

In the Karnataka Legislative Assembly election for the Bhalki constituency, Prakash Khandre was declared elected. Dr. Vijay Kumar Khandre challenged the result, alleging that Prakash Khandre was disqualified under Section 9A of the Representation of the People Act, 1951 because of subsisting contracts with the State Go…

The appellant-landlord sought eviction of six commercial tenants under Section 14(1)(b) of the Tamil Nadu Building (Lease and Rent Control) Act, 1960, claiming a bona‑fide need to demolish the existing 30‑year‑old building and erect a new double‑storeyed structure to augment his earnings. The Controller rejected the pe…

Motilal was arrested for possessing skins of protected wildlife under several provisions of the Wild Life (Protection) Act, 1972. The Central Government, invoking the Delhi Special Police Establishment Act, issued a notification and, with the consent of the Uttar Pradesh Government, transferred the investigation to the…

The appellants, legal heirs of mortgagees, filed a suit for declaration of joint ownership of mortgaged land and an injunction against the respondent who had his name entered in revenue records. They later sought to amend the plaint under Order 6 Rule 17 CPC to include facts about a prior pre-emption suit and non‑payme…

Respondent Gurmit Singh applied for a flat under the Chandigarh Housing Board’s 1976 regulations, claiming to be a domicile of the Union Territory of Chandigarh but failed to produce a domicile certificate. The Board repeatedly requested proof of domicile; when none was furnished, it cancelled the allotment. The Punjab…

The appellant National Insurance Co. Ltd. issued two insurance policies covering consignments of precious stones exported by the respondent Sky Gems on a CIF basis, with the sum insured expressed in Pounds Sterling and the claim payable at London. The consignments were lost in transit, and Sky Gems claimed the amount i…

Court stenographers, personal assistants and personal secretaries of the Bombay High Court claimed that their pay should be equal to that of senior personal assistants to the Chief Secretary after the Fifth Central Pay Commission. The Bombay High Court, invoking the principle of "equal pay for equal work" under its wri…

The plaintiff, Madhukar D. Shende, claimed title to a suit property based on a registered will executed by the deceased Bhagubai in favour of her niece Chingubai, which was later transferred to the plaintiff. The defendant, Tarabai Abashedage, contested the will, alleging oral gift and adverse possession, and the trial…

The appellant tenant occupied premises on a yearly lease and continued after the lease expired. The landlord filed a civil suit for arrears of rent covering 1 November 1978 to 29 September 1981, which the tenant paid and the landlord accepted before the landlord filed an eviction application under Section 15(2)(ii) of …

The appellant challenged the election of Subash Kallur, alleging that he was disqualified under Section 9A of the Representation of People Act, 1951 because a contract with the Karnataka Irrigation Department subsisted on the date of election (5 September 1999). Kallur contended that he had terminated the contract befo…

The tenants (Mis. Bharat Sales Ltd. and Anr.) occupied a leasehold premises that were originally leased by the Union of India (through the Land & Development Officer) to the landlord. The tenants used the premises for unauthorized commercial purposes, violating conditions imposed on the landlord by the government, and …

The Haryana State F.C.C.W. Store Ltd. engaged two individuals as watchmen/chowkidars on a daily-wage contract for a specific purpose—watching grain stock stored in an open area—and for a defined period of three months or until the stock was cleared. After the stock was disposed of, the respondents were terminated on 26…

The appeal concerned a suit for recovery of rent arrears and eviction filed by landlords against a tenant under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The trial court held that the first hearing was on 20 May 1980 and dismissed the tenant’s claim of having paid arrears on the fir…

The appellant, Topline Shoes Ltd., challenged a decision of the Gujarat State Consumer Disputes Redressal Commission that it had accepted a reply from the respondent, Corporation Bank, filed after the 45‑day period prescribed under Section 13(2)(a) of the Consumer Protection Act, 1986. The appellant argued that the pro…

The case involved the death of Dr. Suresh K. Mahajan, an American citizen, in a road accident in India. His dependants claimed compensation under Section 166 of the Motor Vehicles Act, 1988, initially using a multiplier of 7 and a conversion rate of Rs.30 per US dollar, which the Motor Accident Claims Tribunal awarded …

The tenant, Nalakath Sainuddin, held a single tenancy over a shop with two doors and sublet one door to Koorikadan Sulaiman, who later purchased the entire property from the original owners. The landlord filed an eviction suit invoking three grounds under the Kerala Buildings (Lease and Rent Control) Act, 1965: arrears…

The Supreme Court considered appeals by two tenants who were evicted from two shops in Indore after the widow of the former owner and her two sons filed eviction applications before the Rent Controlling Authority (RCA) under the Madhya Pradesh Accommodation Control Act, 1961, claiming bonafide requirement for their bus…

The respondents, senior Sub‑Divisional Engineers in the Punjab Public Works Department, filed a writ petition seeking selection grade pay to be backdated to 1 January 1978, the date when junior officers in the cadre were granted such pay. The Punjab and Haryana High Court allowed the petition, directing the State to gr…

Ravindra Shantaram Sawant was convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA), the Arms Act and the IPC for firing a revolver in the Sessions Court, injuring the victim Ashwin Naik and three police officers. The appellant argued that the police eye‑witnesses required independent corrobor…

The petitioners, clerk‑cum‑cash collectors, sought promotion and financial benefits under a 1984 Government Order, arguing that they performed duties similar to lower‑division clerks. The Calcutta High Court, in a contempt proceeding, held that the respondents had not complied with its earlier judgment and, beyond that…

The petitioners, laboratory assistants appointed in non‑government colleges in West Bengal, were treated as non‑teaching staff despite performing teaching functions and were denied the pay scale of physical instructors. After a series of writ petitions, the Supreme Court ordered that they be treated as teaching staff a…

The appellant, along with two friends, advanced Rs 7.5 lakhs to the respondent about four years before the respondent issued a cheque on 30‑03‑1998, which was later dishonoured. The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, and the magistrate issued summons. The respondent o…

The appellant, Shabir Ahmad, was a tenant of the first floor of a "shop‑cum‑flat" premises in Chandigarh, which he used exclusively as a hair‑dressing salon. The landlords filed an eviction petition under Section 13(3)(a)(i)(a) of the East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974 (as amended 19…

The landlords sought eviction of the tenants under Section 10(2)(vii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging non‑payment of rent and a denial of the landlords' title that was not bona‑fide. The tenants counter‑claimed that the municipal corporation, not the landlords, was the true owne…

Mysore Paper Mills Ltd., a government company incorporated under the Companies Act, transferred a senior employee to Calcutta. The employee challenged the transfer as being vitiated by malafides and argued that the company was not a "State" within Article 12, thus the writ petition was not maintainable. The High Court …

The Supreme Court examined an appeal by Savitri Pandey and her husband P.C. Pandey challenging a High Court order that set aside a Family Court decree of divorce on the grounds of desertion and cruelty. The wife had alleged that her husband had subjected her to cruelty and had deserted her after they lived separately f…

Kamalnath, who was elected from the Chhindwara Lok Sabha constituency, was challenged by Sudesh Verma through an election petition alleging a corrupt practice under Section 123(6) of the Representation of the People Act, 1951 for exceeding the prescribed expenditure ceiling. The Madhya Pradesh High Court struck several…

The appellant, a lecturer of a private college affiliated to Shivaji University, was accused of accepting Rs. 400 to inflate a student's exam marks. An FIR was lodged seven days after the alleged incident, no incriminating material was seized, and witness statements were recorded ten months later. He was charged under …

Harish Chandra Tiwari, an advocate, withdrew Rs 8118 compensation payable to his client Baiju in a land‑acquisition case and failed to return it. He further filed a forged affidavit claiming a settlement with the client. The Disciplinary Committee of the Bar Council of India found him guilty of professional misconduct,…

The Supreme Court examined a suit by Gujjar Singh, a sixth‑degree collateral of Jagjit Singh, seeking declaration of his right to succeed to Jagjit Singh's land. The trial court had dismissed the suit on the ground that the appellants (descendants of Rulia Singh) were in adverse possession, but the appellate courts rev…

Hitech Electrothermics & HydroPower Ltd set up a ferro‑alloy plant in Kerala after the State Government issued an industrial policy (1992) offering a five‑year concessional electricity tariff to new units that commenced commercial production between 1 Jan 1992 and 31 Dec 1996. The Kerala State Electricity Board allocat…

The Supreme Court examined multiple writ petitions challenging the legality of lawyers striking or calling for a boycott of courts. It held that advocates, as officers of the Court, have no right to strike or boycott court proceedings; such actions interfere with the administration of justice and constitute professiona…

The appellant, Sarwan Singh, was convicted by a Designated Court under Sections 302, 307, 34 of the IPC and Section 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 for the murder of Piara Singh. He appealed, claiming false implication, lack of independent witnesses, absence of a test identification …

Speedway Rubber Co. manufactured plates, sheets and strips of vulcanised rubber which were dyed and pressed in a hydraulic press. The Central Excise Department classified the goods under sub‑heading 4016.99, arguing that the hydraulic pressing constituted "further working" under Note 9 of Chapter 40 of the Central Exci…

M/s B.P.L. India Ltd. imported 100 kits of VTRs with colour monitors in semi‑knocked‑down condition and paid countervailing duty under tariff item 68. It then assembled the kits into finished VTRs/colour monitors at its factory and cleared them without paying central excise duty, without intimating the authorities and …

The appellants, casual workers regularised as Technician Grade II (Group C) in 1991, were challenged by earlier absorbers (respondents 3‑12) who had been regularised in Group D posts in 1985. The respondents sought to quash the appellants' regularisation and to be promoted to the Group C posts, arguing seniority. The C…

The appellant sought to establish his right to inherit from his grandmother by proving that his mother, Maria Fonseca, had been legitimated through baptism. He relied on a birth certificate issued by the Directorate of Archives, which was based on a baptismal record that noted the names of the mother, grandparents and …

The appellant, Mis. My Con Construction Ltd., challenged the constitutional validity of sub‑section 6 of Section 17 of the Karnataka Sales Tax Act, 1957 as amended by Act 5 of 1996 and its further amendment by Act 7 of 1997 which made the provision retrospective. It argued that the State lacked competence to levy sales…

The appellant entered into a 1985 construction contract with the Union of India that contained an arbitration clause but did not require a reasoned award. In 1986 the Government amended the General Conditions of Contract, adding a provision that arbitrators must give reasons when the claim exceeds Rs 1 lakh, effective …

The appellant, a cooperative sugar factory, entered into a contract with the respondent for the design and supply of machinery, which contained an arbitration clause. Disputes arising under the contract were referred to two arbitrators who awarded Rs. 151.97 lacs to the appellant. The civil judge, finding apparent erro…

The appellants Rajesh and others were convicted under IPC sections 120B, 452 and 302, and the Arms Act for the murder of Girish Namdar, alleged to have been motivated by a love‑affair dispute. They appealed, claiming the First Information Report (FIR) was ante‑timed to plant eye‑witnesses, that the inquest panchanama’s…

The A.I. Regional Rural Bank Officers Federation filed a contempt petition alleging that the Government of India's 11‑April‑2001 notification on pay scales for Regional Rural Bank (RRB) employees contravened the Supreme Court’s earlier judgment in Civil Appeal No. 2218/1999. The notification granted parity of pay with …

The State Government sought to acquire premises for a medical college and, after two earlier notifications were quashed by the Calcutta High Court, issued a third notification under Sections 4(1) and 17(4) of the Land Acquisition Act, 1894, dispensing with the inquiry under Section 5‑A on the ground of urgency. The Hig…

The employees of Kendriya Vidyalaya filed writ petitions in the Jammu & Kashmir High Court challenging service‑related decisions. The school sought transfer of the petitions to the Central Administrative Tribunal (CAT) on the ground that the Administrative Tribunals Act, 1985 governs such disputes. The High Court rejec…

The Supreme Court examined the acquisition of over 600 hectares of land in Ujjain, Madhya Pradesh, where a notification under Section 4(1) of the Land Acquisition Act was re‑issued on 21 August 1985, a declaration under Section 6 on 25 July 1986 and an award on 22 July 1988. The High Court had annulled the 1985 notific…

A taxi collided with a passenger train at a railway crossing, causing deaths and injuries. The claimants filed applications under Section 110-A of the Motor Vehicles Act, 1939 for compensation against the taxi insurer and the Railway Administration. The Railway Administration argued that the Motor Accidents Claims Trib…

The case concerned the murder of Ravinder Kumar on 1 August 1992. The prosecution alleged that Chander Pal (appellant‑1) and Rajinder (appellant‑2) stabbed the deceased, relying primarily on the testimony of the victim's brother (PW‑1) and a tea‑stall owner (PW‑2), while other key witnesses such as the person who took …

The petition challenged the constitutional validity of the Constitution (Seventy‑second Amendment) Act, 1992 which inserted sub‑Article (3B) into Article 332, providing that seats for Scheduled Tribes in the Tripura Legislative Assembly would be reserved based on the existing number of ST members rather than on populat…

The West U.P. Sugar Mills Association and other sugar factories challenged a circular issued by the Uttar Pradesh Cane Commissioner that, after the expiry of a temporary amendment (Rule 49) prescribing a society commission of 2.69% of the minimum statutory cane price, the commission should revert to 5%. The factories a…

The State of West Bengal revised the pay scales of its government employees effective 1 January 1986 under the West Bengal Services (Revision of Pay & Allowances) Rules, 1990, and issued a memorandum in 1990 to compute pension for retirees on the basis of the notionally revised scales. Pre‑1986 retirees, represented by…

The appellants were direct recruits appointed as Employment Officers in West Bengal between 1976 and 1982, while respondents 6‑30 were promoted on an adhoc basis in 1978‑79 with a six‑month tenure and a clause that the promotion was subject to West Bengal Public Service Commission (PSC) approval. The PSC approved their…

The Punjab Government issued notifications under Sections 3 and 4 of the Punjab Panchayati Raj Act, 1994 to declare the territorial area of a new Gram Sabha (Khanpur) and to establish it, thereby excluding parts of the existing Gram Sabha (Wazidpur). Sarpanch and a Gram Panchayat member of Wazidpur challenged the notif…

The Bharat Diamond Bourse, a company limited by guarantee, claimed exemption under Section 11 of the Income Tax Act for AY 1989‑90 and 1990‑91, asserting it was a charitable institution. The Assessing Officer denied the exemption, holding that the Bourse’s objects were not charitable and that it had breached Section 13…

M/s. Polyflex (India) Pvt. Ltd. paid excise duty in 1986, later obtained a refund in 1988 after the levy was held unconstitutional. The refund amount was brought to tax for AY 1989-90 under Section 41(1) of the Income Tax Act, 1961. The assessee argued that the provision did not apply because the liability dispute was …

Balu Sonba Shinde was convicted of murdering his brother Shankar based primarily on the testimony of a single material witness (PW‑4) and circumstantial evidence, while the complainant (PW‑5) was declared hostile. The Supreme Court examined whether the chain of circumstantial evidence was complete and whether the hosti…

The Supreme Court considered appeals by the State Bank of India challenging a High Court order that set aside a staff circular which barred the bank from dealing with a non‑recognised officers' association. The petitioners argued that the circular violated Rule 24 of the Verification of Membership and Recognition of Tr…

The Supreme Court examined the constitutionality of the Fast Track Courts Scheme introduced under the Eleventh Finance Commission, which sought to appoint retired judges, promote judicial officers ad‑hoc, and enlist members of the Bar to clear pending cases. Petitioners challenged the scheme on grounds that the Constit…

The Supreme Court, hearing a suo‑motu criminal contempt petition, examined statements made by writer Arundhati Roy in an affidavit that alleged the Court was acting with bias, silencing dissent and damaging its reputation. The Court held that such statements scandalised the authority of the Supreme Court and amounted t…

Shibu Chandra Dhar, a tenant who purchased the landlord's building, sued Pasupati Nath Auddya for non‑payment of rent and for possession of shop premises under the West Bengal Premises Tenancy Act, 1956. After the suit for specific performance filed by the respondent was dismissed, the respondent applied under Section …

The appellants, rice millers and commission agents, challenged the levy of market fee on rice imposed by Marketing Committees under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, arguing that the Karnataka Rice Procurement (Levy) Order, 1984 (a Control Order issued under the Essential Commodities …

The Association of Industrial Electricity Users challenged the tariff fixed by the Andhra Pradesh Electricity Regulatory Commission for the financial year 2000-01, contending that the tariff should have been fixed under Section 26(9) and that the Act prohibits classification of consumers or any undue preference. The Hi…

The State of Punjab sought possession of a parcel of land on the basis that it had vested in the Gram Panchayat and was mutated in its name under the Punjab Village Common Lands (Regulation) Act, 1961. The appellants (Nos. 2 and 3) claimed that the land had been allotted to them earlier, on which they had invested heav…

The wife, Rashmirekha, hanged herself at home, leading her father to file an FIR alleging that her husband, Ganatanii Paitanaik, and his family murdered her over dowry demands. The trial court acquitted the husband of the dowry‑death charge (Sec. 304B IPC) but convicted him under Sec. 498A IPC for cruelty, sentencing h…

The appellants, owners of land acquired under Section 4 of the Land Acquisition Act, 1894, challenged the compensation awarded by the Special Land Acquisition Officer. The Reference Court enhanced the compensation, granted a 30% statutory solatium under Section 23(2) and an additional amount under Section 23(1A). The G…

Workmen of the Ahmedabad Municipal Corporation were dismissed and filed a civil suit in the City Civil Court challenging the termination. The civil court dismissed the suit for lack of jurisdiction, and the Gujarat High Court affirmed that the dispute falls within the ambit of the Industrial Disputes Act, making civil …

The case concerned service‑inam lands that were originally attached to a hereditary village office. After the Mysore Village Offices Abolition Act, 1961, the lands were resumed and re‑granted to the plaintiff and his son, who later consented to a re‑grant in favour of his son (defendant No.3). Defendant No.3 sold part …

The landlord filed an eviction petition under the Delhi Rent Control Act, 1958 on the ground of personal requirement. The tenant applied for leave to defend, arguing that the lease permitted both residential and commercial use and that decades of commercial occupation implied consent. The Rent Controller denied leave a…

The appellant, a domestic servant employed by retired Brigadier Shyam Lal Khanna, was convicted of murdering three members of the Khanna family and attempting to murder the wife. The prosecution proved the offences through the testimony of the surviving wife (PW‑1), corroborated by a sweeper and forensic evidence, show…

The accused were charged with offences under IPC sections 114 and 302 and the Arms Act. Their applications for anticipatory bail were rejected by the Sessions Court and the Gujarat High Court. While the bail matter was pending, two police officers (the appellants) filed a report under Section 169 of the Criminal Proced…

Venkatrao Joshi and his mother filed a partition suit against the father and his wife, alleging an illegal transfer of joint family land. The trial court issued a preliminary decree granting the appellants a two‑thirds share and held the transfer void; the decree became final after the father and wife’s appeal was dism…

The State of Karnataka prosecuted M.N. Ramdas for the murder of his companion Ananthu in a lodge in Mysore on 28 June 1988. The accused made an extra‑judicial confession to a lodge counter clerk (PW2), who promptly informed the lodge proprietor’s father (PW3) and the police; the police subsequently found the accused in…

The petitioners, importers, had obtained a Letter of Credit from the respondent bank for a consignment that later sank at sea. The bank, after rejecting the petitioners' documents as discrepant, sued them for recovery of the amount, and the suit was transferred to a Debt Recovery Tribunal under the Recovery of Debts Du…

The respondents filed a suit in a civil court challenging the validity of a ten‑year lease of village common land granted by the Gram Panchayat and the legality of the auction. The trial court dismissed the suit on the ground that Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961, read with Section 1…

The appellant, Ranajoy Bose, was charged under the Prevention of Food Adulteration Act, 1954 for selling adulterated tea leaves. The prosecution was launched after obtaining consent from the District Health Officer (IV) under Section 20(1) of the Act, as per a state notification. The appellant challenged the validity o…

The Supreme Court examined the Union of India's repeated attempts to extend the deadline for phasing out diesel buses in Delhi and to modify the Court's earlier orders directing a complete conversion to CNG. It held that the directions of the Bhure Lal Committee and the Environment Pollution (Prevention and Control) Au…

The respondents were employees of a private medical college that was taken over by the State of Bihar under the Bihar Private Medical Colleges (Taking over) Act, 1977. After the takeover they continued on an ad‑hoc basis and were later regularised as government employees, receiving pension calculated only from the date…

The landlords filed a suit for eviction of the tenant, Vasant Ganesh Damle, on the ground of arrears in rent. The trial court dismissed the suit, but the appellate court reversed the decision, holding the tenant liable for eviction. The tenant contended that he was entitled to protection under Section 12(3) of the Bomb…

The appellant was elected to the Karnataka Legislative Assembly by a margin of 138 votes. The defeated candidate filed an election petition under Section 81 of the Representation of the People Act, 1951, alleging that the counting supervisors failed to fill the required check memos, that ballot papers were improperly r…

Kalpataru Agroforest Enterprises claimed a refund of excess freight paid to Indian Railways and filed a claim before the Railway Claims Tribunal, which dismissed the claim. The appellant filed a review petition under Section 18(3)(f) of the Railway Claims Tribunal Act, 1987, but the Tribunal dismissed it. The appellant…

Fazlerab, a co‑sharer of a village property that had become part of the municipal limits of Tanda, sued Mohd. Yakeen claiming a customary right of pre‑emption under the Oudh Lands Act, 1876. The trial court upheld the right, but the High Court reversed, holding that the custom did not apply in towns and that Fazlerab f…

A tragic fire at a mental asylum in Ervadi, Tamil Nadu, killed 25 chained patients, prompting the Supreme Court to take suo motu action under Article 32. The Court examined the failure of the Central and State governments to implement the Mental Health Act, 1987 and related disability statutes, noting that chaining of …

The State of Gujarat challenged the validity of the proviso to Rule 81(2) of the Gujarat Land Revenue Rules, 1972 (as amended 1977), which imposed double land‑revenue rates on lands in urban agglomerations covered by the Urban Land (Ceiling and Regulation) Act, 1976, if the land was not put to the non‑agricultural use …

Mahesh Chand filed an FIR alleging forged sale deeds and trespass. The police investigation concluded the matter was a civil dispute and filed a case‑disposal report, which the magistrate accepted, leading to the dismissal of Chand's criminal complaint. After a protest petition was also dismissed, Chand filed a second …

The petitioners were doctors temporarily appointed by the Governor of Uttar Pradesh against substantive vacancies between 1965 and 1976. They sought seniority to be counted from the date of their initial appointments, relying on the earlier Mathur judgment, and challenged the applicability of the 1979 ad‑hoc appointmen…

The landlords filed a suit for eviction of the tenant under Section 5(1)(c) of the Assam Urban Areas Rent Control Act, 1972, claiming the premises were needed for their own cloth business. The trial court, the first appellate court and the Assam High Court upheld the eviction decree. The tenant appealed to the Supreme …

The State of Punjab prosecuted Rajesh Syal, former director of Golden Forest (India) Ltd, for fraudulently collecting public money and failing to return it, leading to multiple criminal cases in different courts under IPC sections 406, 420, 468, 471, 1208 and Punjab Reforms Act s.7(2). Syal filed applications under CrP…

The appellants, General Finance Co. and another, received deposits in 1985 and were prosecuted in March 1989 under Section 276DD of the Income Tax Act for violating Section 269SS. Section 276DD was omitted from the Act by the Direct Tax Law (Amendment) Act, 1987, effective 1 April 1989. The High Court held the prosecut…

The appellant, M.Y. Ghorpade, challenged the Karnataka High Court's order that his election petition was maintainable despite the security for costs of Rs.2,000 being deposited by the respondent's election agent rather than the petitioner himself. The central issue was whether Section 117 of the Representation of Peopl…

The case concerned a dispute over inter‑se seniority between temporary doctors appointed on an ad‑hoc basis in the Uttar Pradesh Provincial Medical Services and doctors selected through the Public Service Commission. A three‑Judge Bench had earlier held that temporary doctors could count seniority from their initial ap…

The Lala Nanak Chand Trust leased a plot in Meerut to trustee Bateshwar Dayal for 30 years with a renewal clause. After the lease expired, the Trust sued for possession and obtained a decree; the lessee’s heirs later sought specific performance of the renewal clause, but their suit was dismissed as time‑barred. While t…

The Commissioner of Customs, Mumbai initiated recovery proceedings against Mis. Virgo Steels and Associated Cement Company Ltd for duty‑free steel imported after the cement project was abandoned, in violation of the Deemed Export Scheme. Virgo Steels admitted the illegality in a letter, expressly waived its right to a …

Grasim Industries imported 14,700 Karbate Tubes, artificial graphite components of heat exchangers, and sought classification under Chapter 84 (sub‑heading 8419.50) of the Customs Tariff Act, 1975. The Revenue argued that Note I(a) of Chapter 84 expressly excludes such items as "other articles of Chapter 68" and theref…

The case concerned a suit for eviction of a tenant (Sheela et al.) by a partnership firm claiming to be the landlord of a shop premises under the Madhya Pradesh Accommodation Control Act, 1961. The tenant contested the eviction, arguing that the firm was not the owner and that his written statement merely sought proof …

The appellant, widow of the original assessee, filed KVSS declarations for three assessment years and obtained a certificate under Section 90(1) of the Kar Vivad Samadhan Scheme determining tax arrears, followed by a Section 90(2) certificate granting immunity. After depositing the assessed amount, the Revenue issued a…

The owners of a commercial complex leased the premises to Goyal under a registered deed that expressly prohibited sub‑letting without the landlord’s written consent. Goyal subsequently allowed two occupants to occupy parts of the premises. The owners filed an eviction petition under Section 13(2)(ii)(a) of the East Pun…

The appellant, Feroze N. Dotivala, occupied a portion of a terrace flat owned by the respondents after paying compensation in 1969. The respondents later demanded a written acknowledgment that he was a "paying guest"; he refused and obtained a decree declaring him a deemed tenant. The High Court reversed, holding he wa…

The respondent filed an application under Section 340 of the Criminal Procedure Code before a Designated Court, alleging that the appellant, the Chief Public Prosecutor, had made contradictory submissions in the Bombay blast case, potentially amounting to fabrication of evidence. The Designated Judge held that the resp…

The appellant was convicted by the Kerala High Court for murder, hurt and criminal conspiracy based primarily on the testimony of a single injured eye‑witness, PW I, despite inconsistencies with medical evidence and other witnesses. The trial court had acquitted the appellant, finding the sole witness's evidence unreli…

The petitioners, landowners, sought redetermination of compensation under Section 28-A of the Land Acquisition Act, 1894, filing applications after a later award by the Reference Court. The Land Acquisition Collector rejected the petitions, holding that the three‑month limitation period must be computed from the earlie…

The Karnataka Small Scale Industries Development Corporation Ltd. and several other companies were assessed under Section 115‑J of the Income‑Tax Act, 1961, which imposes tax at 30 % of book profit when the normal taxable income is less than that threshold. The assessee‑companies claimed that deductions such as depreci…

The case concerned appointments of junior assistants in the office of the Director General/Inspector General of Police in Orissa made between 1981 and 1985 under the Orissa Police Manual, 1940. After the Orissa Ministerial Service Rules of 1975 and the statutory rules of 1988 came into force, the State Government grant…

The case concerned a dispute over whether a property in Kot Fatta, Bhatinda, was a Sikh Gurdwara and whether it belonged to the Shiromani Gurdwara Parbandhak Committee (SGPC) or to Mahant Sarna Ram, an Udasi. The Tribunal had treated petitions under Sections 8 and 10 of the Sikh Gurdwaras Act, 1925 as a composite filin…

Nagappa, a poor agriculturist who lost his right leg in a road accident, claimed compensation under the Motor Vehicles Act, 1988. The Claims Tribunal awarded a modest sum, which the Karnataka High Court later enhanced and also ordered payment for an artificial leg. Nagappa then sought to amend his claim petition to inc…

The State of Gujarat reserved land for public purposes under the Gujarat Town Planning and Urban Development Act, 1976 and published a final development plan on 3 March 1986. The ten‑year period for acquisition expired on 2 March 1996, but a draft revised plan was issued on 20 February 1996. Landowners served notices u…

The case concerned whether an insurer is liable to pay compensation to the dependents of a passenger who died while travelling in a goods carriage that met with an accident. The Motor Accident Tribunal had held the insurer liable, relying on the earlier decision in New India Assurance Co. v. Satpal Singh. The Supreme C…

The appellant, Sekar, and others untied a sheep that the deceased, Palaniswamy, had impounded, leading to a heated exchange. Sekar struck the deceased, who fell, and then delivered a further blow to the neck that caused his death. Sekar pleaded that the blows were in exercise of his right of private defence. The trial …

The appellant was found with 5,940 grams of heroin concealed in a suitcase at Chennai International Airport while attempting to transport it to Singapore. The trial court acquitted him on the ground that mandatory provisions of Sections 42 and 50 of the NDPS Act were not complied with, but the High Court reversed the d…

The Supreme Court examined appeals by several accused convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA) for murder and related offences. Their convictions were based primarily on confessional statements recorded by a Superintendent of Police under Section 15 of TADA, but the officer failed…

The landlord (respondent) sued the tenants Basant Singh and others (appellants). The trial court issued summons by ordinary process and by registered post, but receiving no service report it ordered fresh summons and substituted service by publishing notice in the newspaper "Dainik Bhaskar". The notice was actually pub…

The appellant, a Malayala Brahmin, challenged the appointment of a non‑Brahmin as Santikaran (priest) of a Shiva temple administered by the Travancore Devaswom Board, claiming that the temple’s custom required a Brahmin priest and that the appointment violated his constitutional rights under Articles 25 and 26. The Sta…

The Supreme Court examined whether the Karnataka (Mysore) Land Acquisition (Extension and Amendment) Act, 1961 was repugnant to the central Land Acquisition Act, 1894 as amended in 1984, and whether a Special Deputy Commissioner could issue a acquisition notification without prior approval of the State Government as re…

The case arose from a violent incident in which the deceased, Laiq Ram, fired a gun at the accused Durga Nand while trying to rescue his son, after which the accused seized the gun and inflicted fatal injuries on the deceased. The appellants Dharminder and Durga Nand were convicted under Sections 302/34, 307/34 and 323…

The case arose from a bomb blast in Bow Bazar, Calcutta, which demolished a building, killed 69 people and injured many others. The prosecution alleged that the accused conspired to manufacture and explode bombs to terrorise the public and disrupt communal harmony, charging them under Sections 1208, 302, 307, 326, 436 …

The accused Bodh Raj and others were charged with murder of a moneylender under IPC sections 302 and 120B, alleging a conspiracy motivated by a large loan. The trial court convicted three of the accused and acquitted six, while the Jammu & Kashmir High Court set aside the acquittals of four and convicted them as well. …

Bibi Haliman obtained a decree for eviction of a property and filed an execution petition for possession. Judgment debtor No.7, claiming the premises belonged to the Sufi Ashram (Tanzeem‑e‑Sufia), resisted delivery. The Ashram filed an application under Order XXI Rule 97 CPC seeking to be heard as a third‑party in poss…

Unichem Laboratories Ltd., a bulk drug manufacturer, filed classification lists on 3 March 1986 before Notification No. 234/86 was issued. After the notification, it obtained a certificate from the Drugs Controller and claimed exemption from excise duty, but the Assistant Collector denied the claim, insisting that exem…

The appellants, bus operators holding All‑India Tourist permits, challenged the constitutional validity of the Madhya Pradesh Motor Vehicles Tax Act, 1991, alleging that it lacked a mechanism to assess tax liability and grant refunds for vehicles not used in the state. The High Court had dismissed the writ petitions, h…

In 1989 an eight‑year‑old girl was allegedly raped by 18‑year‑old Om Prakash in a Rajasthan village. The victim, her parents and a doctor testified; the FIR was lodged about 26 hours later due to lack of transport. The trial court convicted Om Prakash under Section 376 IPC and sentenced him to seven years’ rigorous imp…

The Revenue, represented by the Assistant Director of Inspection Investigation, challenged the constitutional validity of Sections 269SS, 271D (and the earlier 276DD) of the Income Tax Act, 1961, which penalise borrowers for taking loans or deposits in cash while exempting lenders. The High Court had quashed the prosec…

P. Kiran Kumar, a minor, claimed compensation under the Motor Vehicles Act after a road accident. The Motor Accident Claims Tribunal awarded a partial sum ex parte because the respondents withdrew their defence. The respondents appealed the award, but the High Court dismissed the appeal as barred by limitation. They th…

The Kerala Corporation of Calicut owned a building that it let to K. Sreenivasan as a licensee for a lodging house and restaurant. When Sreenivasan defaulted on the licence fee, the licence was terminated on 13 January 1989, but he continued to occupy the premises. The Estate Officer, under the Kerala Public Buildings …

The landlord appealed a High Court decision after eviction proceedings were started under the Karnataka Rent Control Act, 1961. While the case was pending, the Karnataka Rent Act, 1999 came into force, which exempts non‑residential premises larger than 14 square metres from its provisions. The tenant argued that, becau…

The Central Bureau of Investigation (CBI) filed a charge sheet in a fraud case and later sought the Special Court's permission to produce additional documents that were gathered during the investigation but not submitted with the charge sheet. The Special Court rejected the application, prompting the CBI to appeal to t…

The deceased, a farm worker, disappeared after leaving for work and his body was later found drowned in a river. The accused, George, was found in possession of the deceased's watch and two gold rings, which he had pledged to others shortly after the disappearance. The prosecution relied on circumstantial evidence, inc…

Two daughters of a retired engineer of the General Reserve Engineering Force filed an eviction suit against a tenant, invoking the special procedure under Section 29B of the West Bengal Premises Tenancy Act, 1956, on the ground that they were dependent on their father. The Kolkata High Court held that the father’s reti…

The appellant, Lingala Kondala Rao, occupied a shop that had been gifted to the respondent, Vootukuri Nara Yana Rao, by his father through a registered deed of settlement. The respondent, a member of a joint Hindu family, sought eviction under Section 10(3)(a)(iii) of the A.P. Buildings (Lease, Rent & Eviction) Control…

The case involved seven accused who, armed with deadly weapons, attacked the family of an informant, resulting in the death of Ram Patia Devi and the informant's son. The Supreme Court examined whether a single blow causing a fatal injury satisfied Clause thirdly of Section 300 of the IPC, establishing murder, and whet…

Gurmej Singh brutally assaulted his brother Jagjit Singh, his brother's wife and son, resulting in three deaths and injuries to three others. The trial court sentenced him to death on three counts of murder under IPC s.302, along with fines and other imprisonment terms. The Punjab High Court declined to confirm the dea…

The appellant Vikas, his parents and sisters were charged with dowry harassment, torture and murder of Vikas's wife Neeta. The prosecution alleged that Neeta was taken from a relative's house on a motorbike, later found dead in a river, and that ornaments worn by her were recovered from Vikas's almirah. The trial court…

The Supreme Court examined whether the Election Commission could be directed to require candidates to disclose criminal cases, assets, liabilities and educational qualifications, as ordered by the Delhi High Court, despite the absence of a specific provision in the Representation of the People Act, 1951 or the Conduct …

The Commissioner of Central Excise issued notices to M/s Tata Tea Ltd demanding cess on its 'instant tea' under Section 25 of the Tea Act, 1953. The company contended that 'instant tea' was not 'tea' as defined in Section 3(n) and therefore the notices were illegal. The Tribunal set aside the revenue's demand, relying …

The Central Government issued the Kerosene (Restriction of Use and Fixation of Ceiling Price) Order, 1993 fixing a "declared price" that may include charges, rates, duties and taxes prescribed by the State. Madhya Pradesh’s Director and district Collectors fixed wholesale and retail kerosene rates using a "rounding off…

The Municipal Corporation of Greater Bombay instituted criminal proceedings against Bharat Petroleum for erecting signboards displaying the Shell trademark at its petrol pumps without obtaining permission under the Mumbai Municipal Corporation Act, 1888. The corporation relied on Sections 328, 328A and 471, alleging th…

Bhanwaroo Khan and his wife, who migrated to Pakistan after Partition and obtained Pakistani passports, entered India in 1955 on a visa, later failed to return and lived underground. In 1984 they applied for Indian citizenship, but the Government of India, invoking Section 9(2) of the Citizenship Act, 1955 and Rule 3 o…

Sansar Chand Atri, a former Indian Army soldier who retired with pension after 18 years of service, applied for a civil service post reserved for ex‑servicemen under the Punjab Recruitment of Ex‑Servicemen Rules, 1982 (as amended 1992). The Punjab Public Service Commission rejected his candidature, holding that because…

The State of Uttar Pradesh issued executive directives under Article 162 to deduct 5% from government advertisement bills in newspapers with circulation over 25,000, creating a fund for a pension scheme for working journalists. The scheme had not been enacted as a law because the related bill lapsed in the Vidhan Sabha…

The case arose from a property dispute in which the appellant, Baldev Singh, admitted to having two wives. The first wife, Sarbjit Kaur, sued him for dissolution of marriage and obtained a decree declaring the marriage dissolved. The first respondent, S.M. Sharma, who had complained to the appellant's employers about b…

The appellant Jaipal was convicted by the trial court and the Punjab & Haryana High Court for murdering his wife Prakash Devi by allegedly administering aluminium phosphide (celphos) based on circumstantial evidence. The prosecution relied on the testimony of the sister‑in‑law, the victim's father, medical findings, an…

The appellant K. Prabhakaran challenged the election of P. Jayarajan, who had been convicted of several offences and sentenced to 29 months of imprisonment, on the ground of disqualification under Section 8 of the Representation of the People Act, 1951. The trial court had ordered the sentences to run consecutively, ma…

Shamim Ara, a Muslim wife, filed an application under Section 125 of the Criminal Procedure Code seeking maintenance on grounds of desertion and cruelty. The husband, Respondent No.2, denied the claim and in his written statement asserted that he had divorced her on 11 July 1987, relying on the Muslim Women (Protection…

The brothers Nandu Rastogi and Bal Mukund Rastogi, together with Jagdish Chamar and two unknown persons, were convicted for the murder of Shankar Rastogi, the son of informant Shyam Mohan Rastogi, over a property‑eviction dispute. The prosecution proved that the accused entered the informant’s shop armed, seized the vi…

The Supreme Court considered two special leave petitions filed by police inspectors seeking directions on the custody and disposal of seized property such as valuable articles, vehicles, liquor and narcotic drugs. The petitioners argued that the prosecution could not seek remand of accused for evidence collection after…

The case concerned the murder of Ravinder Singh, alleged to have been committed by Prem Singh and Deepinder Singh in a dispute over land. The trial court convicted both under Section 302 IPC, relying on eyewitness testimony, an extra‑judicial confession and alleged weapon recoveries. The High Court acquitted them, find…

The Supreme Court examined two criminal appeals arising from a 1980 incident in which a dispute over tubewell irrigation led to a lathi assault followed by simultaneous gunshots that killed the victim, Mangali. The Court held that the two accused who fired the guns (Ram Swarup and Raja Ram) shared a common intention to…

The appellants were charged with murder of a man who refused to sell his property. The trial court acquitted them, finding that the prosecution failed to prove motive, that the eyewitnesses were unreliable and that there was no evidence of common intention. The High Court reversed the acquittal, convicting the accused …

The appellant was convicted for murder under Section 302 IPC based on the testimony of the deceased's son, who claimed the appellant killed his father with an axe over a marital dispute. The trial court and the Madhya Pradesh High Court upheld the conviction despite serious inconsistencies, lack of corroboration, and t…

The appellants were charged with murder under Sections 302 and 34 of the IPC for allegedly tying a woman to a tree and beating her with heated weapons. The Sessions Court acquitted them, finding the sole eye‑witness, the husband of the deceased, unreliable due to contradictions, omissions and lack of corroboration. The…

Dharmesh @ Nanu Nitinbhai Shah was charged under several IPC and Arms Act offences and a charge‑sheet was filed before a Metropolitan Magistrate who committed the case to the Sessions Court without producing the sanction order required under Section 196 of the CrPC. The petitioner sought discharge on the ground of lack…

The appellant, brother of the deceased's wife, was charged under Section 306 IPC for allegedly abetting the suicide of his brother‑in‑law, Chander Bhushan, by allegedly telling him to "go and die" during a quarrel on 25 July 1998. The deceased was found hanged on 27 July 1998 and left a suicide note indicating personal…

On 12 January 1981 a dispute over alleged uprooting of crops on the victim’s land led to a scuffle in which the victim Sotilal Yadav was assaulted by several accused and died on the spot. The trial court convicted all seven accused under various provisions including murder (Sec.302 read with Sec.149), theft (Sec.379), …

The landlord filed eviction proceedings against the tenant under Section 21 of the Karnataka Rent Control Act, 1961, and obtained a decree for possession. The tenant appealed to the Supreme Court under Article 136. While the appeal was pending, the Karnataka Rent Act, 1999 came into force, repealing the 1961 Act. Secti…

The Union of India entered into supply contracts with respondents and, after disputes, arbitrators were appointed by the Calcutta High Court. The arbitrators filed their award in the Calcutta High Court, and the court made the award a rule of court despite the Union’s claim that it should have been filed in the Asansol…

V.C. Mohan was charged under Sections 132 and 135 of the Customs Act for misdeclaration of a Bill of Entry, arrested, and later released on bail. After the investigation, the Customs Department issued a show‑cause notice under Section 124 and the petitioner filed an application before the Settlement Commission, which o…

The State of Haryana charged Vidhya Dhar under Sections 18 and 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of 2.25 kg of opium recovered during a search. The accused was offered the option of a search in the presence of a gazetted officer or magistrate, which he declined. A sample of t…

The appellant, General Manager Northern Railways, entered into a construction contract with the respondent, Sarvesh Chopra, which contained both General and Special Conditions. Disputes arose and the respondent filed a petition under Section 20 of the Arbitration Act, 1940 seeking arbitration of six claims. The trial c…

In a Himachal Pradesh assembly election, Mahendra Pal (appellant) lost to Ram Dass Malanger (respondent) by three votes. The appellant claimed a discrepancy of eight votes between the total ballots recorded in Form 20‑A (35,310) and the round‑wise count (35,318) and sought a recount under Section 100(1)(d)(iii) of the …

Koluthara Exports Ltd., a dealer engaged in buying and exporting fish, was served with a notice under Section 4(2) of the Kerala Fishermen's Welfare Fund Act, 1985 requiring it to contribute one per cent of its sales proceeds to a welfare fund for fishermen. The company challenged the constitutional validity of this co…

The Supreme Court examined the murder of four family members allegedly committed by Ravi Virmani, who was convicted and sentenced to death by the Sessions Court and later to life imprisonment by the High Court. The prosecution's case relied mainly on the testimony of the two surviving brothers, without any independent …