Judgments of 2003

The husband of the respondent, Habib Khan, was dismissed from the Madhya Pradesh State Electricity Board on allegations of theft after a departmental inquiry that was later found to have violated principles of natural justice. The Labour Court set aside the dismissal, ordered reinstatement, and denied back wages; the I…

The victim, Krishna Jadhav, was allegedly assaulted by several accused with sticks, an axe and an iron pipe and died at the scene. The trial court acquitted the accused, finding discrepancies in the eye‑witness testimonies and questioning the investigation. The Karnataka High Court re‑examined the evidence, held that t…

The landlord (B.C. Bhutada) let the first floor of a building for residential use and part of the ground floor for non‑residential use to the tenant (G.R. Mundada), who also used a portion as a godown. The landlord sought eviction under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 on the ground o…

The appellant, a mortgagor in a usufructuary mortgage, filed a suit for redemption and was directed by the trial court to deposit the mortgage money within a stipulated period. He failed to deposit, sought an extension which was denied, later deposited the amount with permission, and then applied for a final decree wit…

The appellant was convicted of murder under Section 302 IPC based primarily on the testimony of a child witness who was seven years old at the time of the incident. Both the trial court and the Allahabad High Court held the child’s evidence to be clear and trustworthy and affirmed the conviction. On appeal, the Supreme…

G.S. Auto International Ltd manufactured screws, bolts, nuts and similar items that were used as components of motor vehicles. The dispute concerned their proper classification under the Central Excise and Salt Act, 1944 and the Central Excise Tariff Act, 1985 – whether they should fall under Tariff Item 52 (bolts, nut…

The respondent, a conductor employed by Andhra Pradesh State Road Transport Corporation, was removed from service for two periods of unauthorized absence in 1982 and 1992. He raised a dispute under Section 2(A)(2) of the Industrial Disputes Act, 1947, and the Labour Court reinstated him with continuity of service but w…

The appellant VidyadHarAn was convicted under Sections 354 and 448 of the IPC and Section 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act for allegedly outraging the modesty of a married woman. He challenged the conviction on the grounds of false implication, the delay in filing the F…

The case involved the death of Kamlesh Rani, a married woman who suffered extensive burns within seven years of marriage. The husband (Sohan Lal @ Sohan Singh) was charge‑sheeted only under Section 304B IPC (dowry death) while the mother‑in‑law and sister‑in‑law were charge‑sheeted under Section 302 IPC. The trial cour…

The Kerala Land Reforms Board ordered the respondents to surrender 2,067 acres, treating the land as excess under the ceiling provisions that became effective on 1 January 1970. The respondents argued that the land was private forest covered by the Madras Preservation of Private Forests Act, 1949 and, having been conve…

The Uttar Pradesh Government issued a notification under Section 15 of the Uttar Pradesh Milk Act, 1976 fixing lower prices for cream and paneer, contrary to a price agreement between Central Dairy Farm (state‑owned) and Glindia Ltd. that had been affirmed by the Allahabad High Court in 1988. Glindia challenged the not…

The Central Government nationalised sick textile mills under the Sick Textile Undertakings (Nationalisation) Act, 1974 and placed them under National Textile Corporation Ltd. Staff employed in the mills sought parity in pay with staff in the corporation's corporate offices, invoking the principle of equal pay for equal…

The State of Andhra Pradesh sued respondents to declare land occupied by them as government land, which was transferred to a Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982. The respondents claimed title based on a historic Muntakhab and subsequent occupancy rights, but the Special Court de…

The Supreme Court was asked to clarify several questions that arose from the T.M.A. Pai Foundation judgment concerning private unaided professional colleges. The petitioners, mainly minority and non‑minority unaided institutions, contended that they could fix their own fee structures, admit students by their own method…

A.K. Soumini, a clerk appointed in 1972, cleared the written test for promotion to Junior Management Grade in 1980 but was not selected after the interview, which required a minimum of 61% marks. She challenged both her non‑selection and the promotion policy before the Kerala High Court; the single judge and division b…

The appellant, a widowed daughter, claimed ownership of her mother’s property based on a registered will that left the entire estate to her, excluding her six sisters. The lower courts dismissed the will, alleging that the exclusion of other heirs rendered the will suspicious and that the mother never became the sole o…

The State of Punjab appealed the Punjab and Haryana High Court’s acquittal of Karnail Singh, alleging that the trial court’s conviction was supported by credible eyewitness testimony and forensic evidence. The High Court had set aside the conviction on the basis of an alleged delay in lodging the FIR and doubts about t…

The State of Maharashtra appealed against a Bombay High Court order that had held the respondents, B.E. Billimoria and others, were within the ceiling limit of vacant land in Pune. The respondents jointly owned a 5,428.09‑sq‑m plot in Pune and each owned a flat in a Mumbai co‑operative housing society. The competent an…

The Supreme Court examined a petition that arose from a letter alleging mismanagement, corruption and maladministration in the Guruvayur Temple, which the Kerala High Court had treated as a public‑interest litigation (PIL) and responded by appointing a Commissioner to conduct a wide‑ranging enquiry. The Court held that…

Thirty‑five daily‑wage helpers employed by Haryana Roadways filed writ petitions seeking regularisation and the same salary as regular employees, invoking the principle of "equal pay for equal work". The State of Haryana contended that the respondents were not educationally qualified for regular posts and that the prin…

The appellants, Ashwani Kumar Singh and Brij Nath Srivastava, appeared for the 1987 Combined State Services Examination and were placed low on the merit list. When several candidates selected in the examination failed to join, the Uttar Pradesh Public Service Commission filled the resulting vacancies by appointing cand…

B.P. Patel, elected President of Anand Municipality, was arrested and placed in judicial custody for alleged offences under the IPC, Arms Act and Bombay Police Act. The Director of Municipalities suspended him under Section 40 of the Gujarat Municipalities Act, 1963, which provides for suspension if a municipal officer…

Sukanya Holdings Pvt. Ltd. and J.H. Pandya entered into a partnership agreement that contained an arbitration clause. After the partnership fell into dispute, the respondent filed a suit for dissolution, accounts and other reliefs, including claims against purchasers of flats who were not parties to the partnership. Th…

The State of Maharashtra sought to convert Jalgaon Municipal Council into a Municipal Corporation after the 2001 provisional census showed the urban population exceeded three lakh. The High Court quashed the conversion notifications on four grounds: an alleged unconstitutional hiatus, reliance on provisional population…

The appellants, diploma holders in Community Medical Service, were authorized by a 1980 notification to treat common diseases in rural West Bengal. The State later barred them from issuing prescriptions and medical certificates, requiring counter‑signatures. The diploma holders challenged this restriction, arguing that…

The Pradeshiya Industrial & Investment Corp. of U.P. (PICUP) advanced a loan to Shefali Papers Ltd., secured by mortgage and guarantee bonds executed by Kailash Nath Agrawal and others. After the company was declared sick under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), PICUP issued demand not…

The petitioners, former employees of the International Crops Research Institute for the Semi‑Arid Tropics (ICRISAT), challenged their termination and sought a writ of mandamus directing ICRISAT to frame service rules approximating Indian labour standards and to compel the Union of India to fulfil a clause of the 1972 a…

The appellant, an agricultural tenant, occupied a four‑acre plot that the deceased original owner had repeatedly agreed to sell to various parties, including the plaintiff who paid part consideration but the sale deed was never executed. The plaintiff sued for specific performance of the sale agreement; the trial court…

The case concerned a Dharamsala built by Raj Kumar Bir Singh, allegedly dedicated to the public, which later passed to his heirs and was sold to the appellants. The State, through the Advocate General, sued under Section 92 of the Code of Civil Procedure claiming the property was a public trust. A single High Court jud…

The testator Claude Pinto executed a will appointing his son as executor to sell a property and distribute the proceeds, while also allowing the legatees to seek partition. The executor entered into a sale agreement with the tenant, M.V. Shankar Bhoi, which contained a clause that the sale was "subject to ratification …

The wife of the deceased, Dr. Ramani Kanta Bezbaruah, claimed compensation after her husband died in a road accident. The Motor Accident Claims Tribunal awarded Rs. 2,50,200 with 6% interest, which the Gauhati High Court enhanced in both compensation and interest (to 8%). The appellant contended that the multiplier for…

Alpine Industries manufactured a product called "Lip Salve" and supplied it exclusively to the Defence Department for use by military personnel at high altitude. The company claimed that the product was a medicament and should be classified under Heading 30.03 of the Central Excise Tariff Act, 1985, thereby attracting …

Kedia Agglomerated Marbles Ltd. manufactures floor tiles marketed under the trade names “Marbella Agglomerated Marble” and “Marbellam Tiles” and classifies them under tariff heading 68.07. Notification No. 59/91‑CE dated 20‑Mar‑1990 exempts “mosaic tiles, i.e., tiles known commercially as mosaic tiles” in that heading.…

The case concerned the interpretation of Rule 8(1)(a) and (b) of the Orissa Revised Scales of Pay Rules, 1985, which governed the fixation of pay for university lecturers and professors after a revision of pay scales. The petitioners, who were professors, argued that, in addition to being placed at the minimum of the r…

The State of Andhra Pradesh prosecuted V. Vasudeva Rao, an Assistant Controller, for demanding a bribe to prevent his transfer and for accepting the money, which he claimed was a hand loan. A trap was arranged, the accused was caught with the money, and the complainant died before he could be examined. The trial court …

Members of the Indian Military Nursing Service (IMNS) challenged a dress code issued by the Additional Director General of Military Nursing Services, alleging violations of Articles 14 and 21 of the Constitution. The petitions were filed in various High Courts, some of which dismissed them on the ground that uniform pr…

The Karnataka Industrial Area Development Board (KIADB) allotted 175 acres of industrial land to B.P.L. Ltd. under Regulation 13, a special‑case provision, after a High Level Committee’s deliberation. A public‑interest litigation challenged the allotment on grounds that the Board exceeded its statutory purpose, fixed a…

The Union of India appealed against a Madras High Court order that quashed a preventive detention order passed under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against Smt. Ratnamala (referred to as the detenu). The detenu’s father had made a representation …

The dispute concerned a partition deed executed in 1914 between two brothers, M and S, which the appellants claimed was a sham and never acted upon. The trial court had upheld the deed for three of the four properties but dismissed the claim for Item No.1, a house called Abba Manzil. The High Court affirmed this findin…

The State of Madhya Pradesh enhanced the royalty payable on coal and sought recovery of the differential amount from South Eastern Coalfields Ltd. (the Coalfields) and the ultimate consumers. The Coalfields, bound by their mining lease and Mineral Concession Rules, were required to pay simple interest of 24% on delayed…

A group of canteen workers employed through a contractor filed writ petitions seeking to be regularised as employees of Mishra Dhatunigam Ltd. and other respondents, invoking the statutory duty under the Factories Act to provide a canteen. The Andhra Pradesh High Court allowed the writs, directing the employers to trea…

The petitioners, who had been appointed to higher posts at the Post‑Graduate Regional Centres (Sirsa/Hissar) of Kurukshetra University, claimed that they should be reinstated to their substantive posts at Kurukshetra University after those centres were transferred to the newly created Guru Jambheshwar University. The t…

National Thermal Power Corporation Ltd. (NTPC), a public sector undertaking, was statutorily obligated under Section 46 of the Factories Act, 1948 to provide a canteen for its employees. The canteen was operated by contractors, employing about 54 workers. The workers filed a writ petition seeking regularisation as NTPC…

The Union of India issued a 1985 Reward Scheme for informers and government servants involved in seizures under the Customs, Central Excise & Salt, Gold Control and Foreign Exchange Regulation Acts, later amended in 1989 to cap rewards at Rs 1 lakh per seizure and Rs 10 lakh in a career. IPS officer R. Padmanabhan, who…

The State of Rajasthan charged Rajaram under Section 302 IPC and Section 27 of the Arms Act for the murder of five persons. The trial court convicted him, relying mainly on extra‑judicial confessions to two witnesses (PW‑3 and PW‑4) and on circumstantial evidence such as his presence at the scene, suspicious conduct, b…

The State of Madhya Pradesh prosecuted Man Singh and three others for the murder of Dharamchand under Section 302 read with Section 34 IPC, also charging them under Section 324 r/w 34. The trial court relied on the testimony of injured eyewitnesses (PW‑4 and PW‑7) whose statements were recorded under Section 164 CrPC, …

The respondents, language teachers employed by the State of Haryana, sought promotion on the ground that the Certificate of Junior Basic Training (J.B.T.) should be treated as equivalent to the required Orientation Training (O.T.). The State had issued a notification on 12 March 1976 declaring J.B.T. equivalent to O.T.…

The plaintiff entered into an agreement of sale on 1 Oct 1978 with the owner of a suit property, paying Rs 20,000 of the Rs 30,000 price and agreeing to pay the balance and obtain a registered deed within three years. The owner later sold the property to the appellant on 15 May 1984. The plaintiff served a notice on 8 …

The Federation of Railway Officers Association challenged the Government's decision to create seven new railway zones, alleging that the move violated Section 3 of the Railways Act, 1989 because it was not based on administrative efficiency and was driven by political and backward‑area considerations. The petitioners a…

The husband and his relatives filed a petition to quash an FIR registered by the wife under Sections 498A, 323 and 406 IPC after the parties had settled their matrimonial dispute and were proceeding towards divorce. The Punjab and Haryana High Court dismissed the petition, holding that the offences were non‑compoundabl…

In the 2000 Bihar Assembly election for Sitamarhi, petitioner Hari Shankar Prasad lost to Shahid Ali Khan by 35 votes. The Returning Officer rejected 90 ballot papers marked with a distinguishing‑mark stamp, deeming them invalid, despite a directive from the Election Commission that such ballots should be counted if th…

The appellant, a yarn manufacturing firm, produced "Taspa" (fancy) yarn by a doubling/multifolding process and claimed exemption from excise duty under notifications for doubled yarns. The Collector of Central Excise issued a show‑cause notice, demanded duty and imposed a penalty, classifying the yarn under Heading 56.…

The Supreme Court examined the constitutionality of Section 33B (also called Section 338) of the Representation of the People Act, 1951, inserted by the 3rd Amendment Act, 2002, which barred candidates from disclosing any information not expressly required by the Act despite Supreme Court directions. The Court held tha…

The Supreme Court examined whether excise duty was payable on intermediate pharmaceutical products manufactured by Cadila Laboratories and whether the Revenue could invoke the extended limitation period under Section 11‑A of the Central Excise and Salt Act, 1944. The appellants argued that the intermediates were in a c…

Kunal Singh, a constable in the Special Service Bureau, suffered a severe leg injury that led to amputation and was declared permanently incapacitated. The employer terminated his service, and the High Court dismissed his writ petition. Singh appealed, contending that under Section 47 of the Persons with Disabilities (…

The appellant, Anil Kumar, was convicted under various IPC sections for assault and murder after a violent incident in which the victim's brother and other family members were attacked. The appellant challenged the conviction on four grounds: that the FIR scribe, who was a relative of the complainant, should have been …

In 1995 Janki Devi Pal was elected Zila Panchayat Adhyaksha in Sultanpur, Uttar Pradesh. Complaints against her led the State Government to order a preliminary inquiry under Rule 4 of the Uttar Pradesh Kshetra Panchayat and Zila Panchayat (Removal of Pramukhs, Up‑Pramukhs, Adhyakshas and Upadhyakshas) Enquiry Rules, 19…

The appellants, manufacturers of liquor, challenged Karnataka's 1989 amendment that appointed Mysore Sales International Ltd (MSIL) as the sole distributor of liquor, arguing that the interim stay order of 20 November 1989, which required payment of compensation to MSIL if the appeals were dismissed, should not bind th…

The appellant, son of the testator, applied for probate of his father's will. The Additional District Judge rejected the application, but the Gauhati High Court, on appeal under Section 299 of the Indian Succession Act, 1925, granted letters of administration. The respondents filed a letters‑patent appeal against the H…

One Nanjaiah alias Gungaiah was allotted 1 acre 20 guntas of land by the State in 1968 for an upset price of Rs. 500 per acre under Rule 43-C of the Mysore Land Revenue Code. The appellant purchased the land from Gungaiah on 10 September 1968 for Rs. 3,000. After the Karnataka Scheduled Castes and Scheduled Tribes (Pro…

The President referred a matter to the Supreme Court under Article 317(1) seeking the suspension and removal of Shri Ravinder Pal Singh Sidhu, former Chairman of the Punjab Public Service Commission, on grounds of grave misconduct. The Chairman's six‑year term ended on 8 September 2002 and he had tendered a resignation…

Easland Combines, a small‑scale manufacturer, had its classification list approved and claimed exemption under a notification. The Central Excise authorities later issued a show‑cause notice demanding differential duty, alleging a willful misstatement regarding its SSI registration. The Tribunal invoked the extended fi…

The Supreme Court was hearing applications (I.A. Nos. 24, 25, 28, 29) seeking to stay or modify its earlier order of 11‑12‑2001 which had stayed the operation of the Ministry of Urban Development’s notification dated 7 June 2000 that required augmentation of municipal services before sanctioning additional building flo…

The appellant, Sushil Murmu, a tribal and illiterate man, sacrificed a nine‑year‑old child before Goddess Kali, severed the child's head and disposed of it in a pond. He was convicted under Sections 302 and 201 of the Indian Penal Code and sentenced to death for murder and seven years’ rigorous imprisonment for the oth…

A public interest litigation was filed seeking a direction to stop illegal blasting and crushing of granite stones in Rangareddy district, alleging dust pollution and health hazards. The Andhra Pradesh High Court, after an expert committee report, directed that no quarry lease be granted within 2 km of residential area…

The District and Sessions Judge of Sasaram ordered a police officer, S.I. Arun Paswan, to produce a case diary, which he failed to do, leading to a show‑cause notice under Section 349 CrPC. While the judge was hearing another matter, a group of police officers in plain clothes and uniform shouted abusive slogans outsid…

The appellants, owners of land acquired in Tripura under the Land Acquisition Act, 1894, received an award of Rs.12,000 per acre in 1974, which was later enhanced by the Reference Court to Rs.36,000 per acre with a 15% solatium and interest. They appealed to the High Court seeking further enhancement based on a nearby …

The respondent, a Lower Division Clerk, was successively promoted to Upper Division Clerk, Court Fee Examiner/Stamp Reporter, and Bench Reader, the latter two posts carrying the same pay scale. He sought the benefit of the third selection grade under a 1992 Government circular, which was denied on the ground that he ha…

The appellant, a public sector undertaking, introduced a Leave Fare Assistance (LFA) scheme for employees posted away from their hometowns. The respondent, an employee posted in the Eastern Region (Assam) from 1982 to 1985, availed LFA for himself and also encashed LFA for his family for the block years 1982‑83 and 198…

Sugna Devi was appointed as an Assistant Teacher by the President of the District Board, Gonda, in 1966. After prolonged illness she returned to work in 1971 but was told she was terminated without any formal termination order. When basic education was transferred to the Basic Shiksha Parishad under the U.P. Basic Educ…

Bank of Baroda obtained a consent decree from the Supreme Court ordering the respondents, Sadruddin Hasan Daya and Shohin S. Daya, to pay a sum in instalments and to refrain from alienating three properties until the decree was satisfied. The respondents defaulted on payment and entered into a separate settlement with …

K.K. Roy was appointed as Law Officer‑cum‑Draftsman in the Government of Tripura to a single‑post cadre that had no promotional avenues. He filed a writ petition seeking at least two promotional avenues, and the High Court directed the State to create a graded pay scale. The State appealed, arguing that the employee ha…

The Delhi Development Authority (DDA) fixed a market value of Rs 7,50,00,000 for a leasehold plot and demanded Rs 3,62,44,420 as 50% of the unearned increase, which the respondents (heirs of the original sub‑lessee) challenged, arguing that later circulars issued by the Central Government and the DDA in 1999 waived the…

The appellants, clerical staff appointed after 6 June 1980, challenged a University notification that gave a higher pay scale to clerks appointed before that date, invoking the principle of equal pay for equal work. The University had revised pay scales on 6 June 1980 and, following the Anomaly Removal Committee’s reco…

The appellant, a contractor, entered into a canal construction contract with the respondent department, which contained an arbitration clause appointing the Superintending Engineer as arbitrator. After an interim award, the arbitrator failed to pass a final award, prompting the contractor to invoke Section 8 of the Arb…

Indira, an English teacher who became Head of Department in Applied Sciences at a government polytechnic, sought promotion to Principal of an Engineering Institute. Under the Haryana Technical Education Department (Group‑A) Service Rules, Rule 9(1)(c)(i) allowed promotion only from Heads of Departments in Engineering, …

Shiv Kumar Bhaghat applied for an additional wholesale licence for Indian Made Foreign Liquor (IMFL) in Begusarai. The Collector recommended the licence, which the Excise Commissioner eventually approved after considering the Collector’s comments and other material. The sole existing licencee (respondent No. 5) challen…

K. Samantara, an Administrative Officer of National Insurance Co. Ltd., was denied promotion for the years 1991-92 and 1992-93 under the company's "Promotion Policy for Officers" which stipulated a seniority‑cum‑merit system. He filed a representation, which was rejected, and subsequently a writ petition in the Orissa …

The respondents were injured in a motor accident on 18 February 1989 and filed a claim petition for compensation on 2 November 1995. The appellant, New India Assurance Co., argued that the claim was barred by the six‑month limitation prescribed in Section 166(3) of the Motor Vehicles Act, 1988 (as read with the repeale…

Hardie Trading Ltd. (Hardie) owned the trademarks "Spartan" and "Spartan Velox" and a warrior device, which it used in India under a 1946 collaboration agreement with Addisons Paint and Chemicals Ltd. (Addisons). After the agreement lapsed, Addisons applied to delete Hardie's marks under s.46 of the Trade and Merchandi…

The appellants challenged the acquisition of about 496 acres of land under the Land Acquisition Act, 1894, claiming the land was "abadi" and therefore exempt under Uttar Pradesh's policy not to acquire village settlements. The Supreme Court in Om Prakash v. State of U.P. directed that the parties make representations u…

Mysore Cements Ltd. entered into a contract with Svedala Barmac Ltd. for rock‑crushing machines. After the machines failed, the parties attempted conciliation, signing a Memorandum of Conciliation and a Letter of Comfort on the same day. Mysore Cements sought execution of these documents, claiming they were a settlemen…

Jalaram Wood Crafts (P) Ltd., a small‑scale manufacturer of plywood and related products, claimed exemption under Notification No. 217/86 for inputs (glue, UF resin, wood veneer) while its final products were already exempt under Notification No. 175/86 up to an aggregate value of Rs 20 lakh. The Revenue argued that th…

Escorts Ltd. and Goetze (India) Ltd., manufacturers of tractors, sold 60% of their tractors to stockists at a 27.5% discount and 40% to sub‑stockists at a 25% discount. They passed the 2.5% differential discount on to the stockists and claimed it as a deductible trade discount when valuing the goods sold to sub‑stockis…

AlcoBex Metals manufactured copper shells and blanks that were consumed without payment of excise duty between 1981 and 1985. The Deputy Collector of Central Excise, Jaipur, issued a show‑cause notice on 6 March 1986 invoking the proviso to Section 11‑A of the Central Excise Act, 1944, seeking recovery of duty, confisc…

The State of Uttar Pradesh dismissed Assistant Agriculture Inspector Chandrapal Singh after disciplinary proceedings initiated by the District Agriculture Officer, who was subordinate to the Director of Agriculture, the appointing authority. Singh challenged the dismissal before the U.P. Public Service Tribunal, arguin…

J.P. Bansal was appointed as a judicial member and later acting Chairman of the Rajasthan Taxation Tribunal with a tenure ending on 18 September 2000. The Tribunal was abolished by the Rajasthan Taxation Tribunal (Repeal) Ordinance, 1999, which automatically terminated his appointment. Bansal filed a writ petition seek…

The respondents, who belong to the open category, challenged their denial of admission to Government Medical Colleges, arguing that seats created under the Supreme Court's interim directions on communal reservation should be allotted to them. The High Court Single Judge, affirmed by the Division Bench, ordered their ad…

The employee was originally appointed by the Kanpur Cooperative Milk Board as an Assistant Sales Officer on a temporary basis and was sent on deputation to the Ram Ganga Command Area Development Authority (the borrowing authority). The Authority later appointed him on a temporary basis as Subject Matter Expert, but the…

Four charge‑sheets were issued against bank officer Debasis Das. After an inquiry into one charge, he was dismissed, a decision later set aside by the High Court and he was reinstated. Subsequent inquiries into the remaining charges were conducted, during which the employee was not allowed to file written briefs after …

The appellant, Kanta Devi, challenged the dismissal of her husband, a Subedar (Inspector) of the CRPF, which was ordered by the Deputy Inspector General (DIG) under the Central Reserve Police Force Rules, 1955. The High Court had quashed the dismissal, holding that prior approval of the Inspector General (IG) was requi…

The petitioners, daughters of the deceased, filed an application under Sections 192‑195 of the Indian Succession Act seeking possession of their ancestral house, alleging illegal occupation by the respondent who claimed title under a purported joint will. The District Judge, in a summary proceeding, examined the will i…

Members of a cooperative agricultural credit society pledged paddy bags for loans and later disputed the society’s demand for repayment with interest. They approached the District Consumer Disputes Redressal Forum seeking release of the pledged bags or payment of their market value plus compensation for mental agony. T…

In 1994 the CBI searched and later arrested a telecom officer, later filing a corruption charge‑sheet. The officer complained to the National Human Rights Commission (NHRC) alleging illegal detention and harassment. After an initial dismissal, the NHRC, treating the complaint as a review petition, found a prima facie c…

In a Uttar Pradesh Legislative Assembly election for a seat reserved for Scheduled Castes, the appellant challenged the election of the respondent on the ground that the respondent was not a member of a Scheduled Caste. The election petition relied on various statements about the respondent's caste certificates and all…

The Supreme Court examined the role of the Andhra Pradesh Government in granting essentiality certificates required for establishing new medical or dental colleges under the Medical Council of India Act and its Regulations. The High Court had held that the State had no authority to decide the location of such colleges,…

Mis Naturalle Health Products (P) Ltd. manufactured medicated cough drops, throat drops, Sloan's balm and Sloan's rub under an Ayurvedic drug licence and claimed that the products should be classified under Chapter 3003.30 of the Central Excise Tariff as Ayurvedic medicaments, attracting nil duty. The Central Excise au…

The petitioners challenged the Employees' Provident Fund and Miscellaneous Provisions (Amendment) Act, 1996 and the Employees' Family Pension Scheme, 1995 on the ground that diverting 8.33% of the employer's contribution to a pension fund and providing a low return amounted to arbitrariness, unreasonableness and violat…

The State of Orissa, through its industrial policy, promised Mangalam Timber Products Ltd. a fixed price for raw material, inducing the company to set up an industry in the state. Later the State attempted to retrospectively revise the royalty rate and raw material price, backdating the change. The Orissa High Court st…

Six accused, including Ghanshyam Singh, assaulted a group of persons and Ghanshyam fired a gun, causing the death of Samam Singh. The trial court convicted all under sections 302, 307, 148, 149 etc. The Madhya Pradesh High Court held that Ghanshyam's act fell under Exception 4 to Section 300 IPC, thereby constituting c…

The respondents filed a suit for partition of joint family property, which was settled by a compromise and a decree on 13 July 1978 allocating specific parcels and putting the parties in possession of their shares. Some parcels were left in joint possession, and in 1991 the respondents sought appointment of a commissio…

The New Delhi Municipal Committee (NDMC) assessed property tax on a basement owned by Satish Chand, who argued that the basement was unusable due to water ingress and therefore had no rateable value. Chand filed a civil suit seeking a permanent injunction against the tax demand. NDMC raised a preliminary objection, inv…

The legal heirs of a deceased motor‑accident victim claimed compensation from United India Insurance Co. Ltd. The driver and vehicle owner failed to file a written statement or give evidence, leading the Motor Accident Claims Tribunal to draw adverse inference and award Rs. 32.5 lakh. United India Insurance applied und…

The Supreme Court examined the murder of Sujatha, whose husband Babu was accused of strangling her after she rebuffed his sexual advances and subsequently dumping her body in a well. The trial court convicted Babu under Section 302 IPC and imposed death, but the Kerala High Court acquitted him, deeming the father's tes…

The respondents, five employees of a Nodal Centre set up in Jawaharlal Nehru Technological University under the centrally‑funded National Technical Manpower Information System, filed a writ petition seeking regularisation and regular pay scales. The Andhra Pradesh High Court, relying on GO No.212 (Finance & Planning) i…

The dispute concerned the retirement age and service conditions of air hostesses employed by Air India and Indian Airlines, who under various agreements were required to retire from flying duties at age 50 (later 45/50) with the option of ground duties up to age 58, while male cabin crew could serve until 58. A small g…

The Municipal Corporation of Greater Mumbai reassessed the rateable value of land belonging to Kamla Mills Ltd. after the company demolished old structures and began constructing a new building. The corporation treated the land as "under construction" and raised its rateable value based on market rates, which the asses…

The State of Orissa, exercising powers under Rule 7(1) of the Orissa Industries Service Rules, 1985, merged various categories of posts into Industries Promotion Officers (IPOs) and later amended the rule to delete the pay‑scale restriction, thereby making all IPOs eligible for promotion to Class‑II posts. The Industri…

The State of Andhra Pradesh was occupying a century‑old school building owned by GoverdhAnlal Pitti under a tenancy. The landlord obtained an eviction order from the High Court, which also directed the State to vacate the premises. While the eviction was pending, the State initiated acquisition proceedings under Sectio…

The Collector of Central Excise appealed against Mis. Universal Electrical Industries, a small‑scale manufacturer of electric appliances, seeking to deny the exemption under Notification No. 175/1986. The issue was how to compute the aggregate value of clearances for the exemption, specifically whether the value of fin…

The respondent, a manufacturer of cooling towers, applied for registration as a small‑scale industry on 3 December 1986 but the application remained pending. A second application was filed in February 1988 and permanent registration was granted on 31 March 1988. The dispute centred on whether the exemption under the Ce…

Radha Mohan Lal and his counsel Sualal Yadav filed an application in a revision petition alleging bias against Judge R.S. Kejriwal, seeking the case be listed before a different bench. The High Court held both in contempt of court, sentencing each to three months' simple imprisonment and a fine. After conviction, Lal t…

The respondent, a bus conductor employed by the U.P. State Road Transport Corporation, was terminated for dereliction of duty, violation of the conduct code and alleged misappropriation of money after being found with old tickets and without issuing tickets to passengers. The High Court upheld the termination, but the …

The employee, a Lab Assistant employed since 1973, was terminated in 1978 after disciplinary proceedings. He later filed a representation under Regulation 21 of the U.P. Intermediate Education Act, 1921, which was dismissed, and a writ petition in the High Court that ordered a lump‑sum compensation of Rs 30,000, noting…

The United Commercial Bank dismissed Assistant Manager P.C. Kakkar after disciplinary proceedings under its 1976 Conduct, Discipline and Appeal Regulation, finding several charges of misconduct established. The employee appealed the dismissal and later challenged the quantum of punishment before the Allahabad High Cour…

The State, represented by the Narcotics Control Bureau (NCB), appealed against the Delhi High Court's order that quashed the conviction of Kulwant Singh under Section 21 of the NDPS Act, holding that the NCB was not a department and therefore its officers lacked authority to conduct search, seizure and arrest. The Supr…

The daughters (appellants) claimed ownership of a house and land settled on them by their father through a registered settlement deed, seeking a permanent injunction against the father’s attempts to evict them. The father contended that the deed was obtained by fraud, that he was only a witness to a sale deed, and that…

Four accused entered the complainant's house, threatened the occupants with a pistol and knives, and stole cash, a gold chain and a Sten gun. The victims identified the accused in court, but no test identification parade was conducted. The trial court convicted them under Sections 452, 392 and 397 IPC read with Section…

Hare Ram Pandey was detained under Section 12 of the Bihar Control of Crimes Act, 1981. He challenged the pre‑detention order before the Patna High Court under Article 226, claiming the order was beyond legal authority and was motivated by political vendetta. The High Court dismissed the petition and the matter reached…

The appellant Chaudhary Ramji Narsang and two co‑accused were alleged to have assaulted the appellant's father and brothers in an agricultural field, resulting in the father's death. The trial court acquitted them, finding contradictions among witnesses and questioning the medical evidence. The Gujarat High Court set a…

The Bokajan Cement Corporation Employees' Union appealed against a division‑bench judgment of the Gauhati High Court which held that a worker’s membership in a trade union ceases when his employment with the cement corporation ends. The Supreme Court examined whether any provision in the Trade Union Act, 1926 or in the…

A long-standing land dispute led to a violent confrontation on 10 June 1984 when the deceased Mohan Singh and his relatives were ploughing the contested field. The respondents, claiming ownership, assaulted them with sticks, causing Mohan Singh's death. The trial court held the land was in the complainants' possession,…

The Devasthanam of Tirumala (plaintiff) filed a civil suit seeking declaration of ownership of 28.58 acres and also appealed a patta grant to the Tallapaka inamdars under the Andhra Pradesh Inams (Abolition and Conversion into Ryotwari) Act, 1956. The Tallapaka respondents obtained two writs of prohibition from the Hig…

The appellants, who were initially appointed as ad‑hoc Inspectors of Drugs, sought regularisation under the U.P. Regularisation of Ad hoc Appointments Rules, 1979 and claimed seniority over directly recruited inspectors appointed by the State Public Service Commission under the U.P. Inspector of Drugs (Services) Rules,…

Baitarani Gramiya Bank submitted an original recruitment indent to the Banking Service Recruitment Board (BSRB) for Officers and Field Supervisors, but later pruned the indent due to a financial crisis and communicated the revised numbers before the examination results were declared. The BSRB refused to accept the revi…

The petitioners, including CEHAT, sought enforcement of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, alleging that the Central and State governments had failed to implement its provisions to curb sex‑selection and female foeticide. The Supreme Court examined the extent of n…

The appellant, the estate of the deceased Bhavsingh, claimed that a 1960 sale deed of agricultural land was a mortgage transaction for a loan and sought declaration of nullity under the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi‑Bhumi Dharkon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Ta…

The CBI received a reliable tip that Tapan Kumar Singh, a senior official, had demanded and accepted a sum of Rs 1 lakh as illegal gratification and was carrying the cash on a train. A General Diary (G.D.) entry recorded this information, after which the police intercepted Singh, searched him, his belongings and his re…

The husband and wife married, had children and the husband purchased properties using dowry cash and jewellery, promising to transfer them to the wife. After the husband pronounced talaq, the wife filed a suit in the Family Court under the Family Courts Act claiming ownership of the properties. The Family Court decreed…

The appellant, H. Seshadri, was a shop tenant in a residential building whose residential tenant (respondent No.2) was evicted by a decree. During the execution of that decree, Seshadri was also evicted. He filed an application under Order XXI Rules 99 and 100 of the CPC claiming an independent right to the shop. The S…

In the Kerala Legislative Assembly election for Eravipuram, A.A. Azeez was declared elected by a margin of 21 votes over T.A. Ahamed Kabeer, who filed an election petition alleging double voting, impersonation, defective voter lists and invalid postal votes. The returned candidate filed a recrimination petition under S…

The Orissa State (Prevention and Control of Pollution) Board prosecuted Orient Paper Mills for exceeding air‑pollutant standards after the mill, situated in an area declared an Air Pollution Control Area by Gazette notifications (1984, 1986, 1988), failed to obtain consent. The Board framed charges under Section 37(1) …

A competitive examination for 28 subordinate judge posts in Haryana resulted in 42 qualified candidates, of whom 10 were from reserved categories. Seven reserved vacancies remained unfilled and were later de‑reserved, allowing 18 general‑category appointments. The appellant, a reserved‑category candidate, challenged th…

The Supreme Court examined whether the Andhra Pradesh government could extend reservations for Scheduled Castes, Scheduled Tribes and Backward Classes to the 15% of seats left unreserved for non‑local candidates under the 1974 Presidential Order. The appellant, N.T.R. University of Health Sciences, argued that reservat…

The Gujarat Government appointed Shri N.A. Acharya as President of the Industrial Court by nomination, invoking draft recruitment rules prepared by the High Court. The Gujarat Kishan Mazdoor Panchayat challenged the appointment, arguing that Section 10(2) of the Bombay Industrial Relations Act, 1946 required the Presid…

The State of Andhra Pradesh enacted the Andhra Pradesh State Council of Higher Education Act, 1988 to address gaps identified in the earlier 1986 Commissionerate Act, which had been struck down as ultra vires in Osmania University Teachers Association. A university teacher challenged the 1988 Act, arguing that it encro…

The Supreme Court examined whether the Government of Maharashtra could demand additional supervision charges from Deokar's Distillery after the State revised its civil service pay scales with retrospective effect. The licencees had paid supervision fees in advance as required by the Bombay Prohibition Act, 1949 and rel…

The State of Himachal Pradesh appealed against the Himachal Pradesh High Court’s order quashing charges against M.P. Gupta, a former Chief Conservator of Forests, on the ground that the prosecution lacked the sanction required under Section 197 of the Criminal Procedure Code. The accused had been charged with offences …

The M.P. Cement Manufacturers' Association, representing captive power producers, challenged a 2001 amendment to the Madhya Pradesh Upkar Adhiniyam that imposed a cess of 20 paise per unit on electricity produced. The High Court held the cess was on consumption and within State competence under Entry 53 of List II. The…

The Supreme Court examined the long‑standing dispute over the regulation of street hawkers in Mumbai, arising from a draft scheme prepared by the Bombay Municipal Corporation that sought to designate hawking and non‑hawking zones and to regulate licences. The Court affirmed that hawkers enjoy the constitutional right t…

The husband and wife (appellants) advanced loans to Dr. G. Adinarayana (respondent) who issued four cheques as repayment, two in each spouse's name. All cheques were returned unpaid and a single, consolidated notice demanding payment of the cheque amounts within 15 days was served on the respondent. The respondent did …

The appellant, Ram Chandra Singh, purchased mortgaged land at a court auction after the bank obtained a decree against the mortgagor for defaulting on a loan. The mortgagor and his sister obtained a consent order from the High Court directing payment of the decretal amount in instalments, but the appellant alleged that…

Pure Helium India Ltd. won the lowest bid to supply helium gas to ONGC, quoting a composite price of Rs.149 per cubic meter that included a US$4.60 foreign‑exchange component. When the dollar appreciated, Pure Helium claimed compensation for the exchange‑rate difference, and a three‑member arbitral tribunal awarded it …

The appellants Hemraj, Gian Chand and Baldev Raj were acquitted by the trial court of murder (Sec. 302 IPC) read with Sec. 34 IPC, but the Punjab and Haryana High Court reversed the acquittal and convicted them. They appealed to the Supreme Court under Sec. 379 CrPC and Sec. 2(a) of the Supreme Court (Enlargement of Cr…

The petitioners challenged the panel prepared for appointing Vice‑Chairmen of the Central Administrative Tribunal (CAT) and the constitutional validity of the explanation to Section 6 of the Administrative Tribunals Act, 1985. The Allahabad High Court, exceeding the issues raised, directed that only persons qualified a…

The appellants claimed possession of a property based on a registered deed of settlement allegedly executed by an elderly, paralytic executor on 11 July 1970. The respondents filed a suit for declaration and permanent injunction, alleging the executor was over 100 years old, physically and mentally unfit, and that the …

The Union of India entered into a construction contract with Mis V. Pundarikakshudu and Sons, which was later terminated under clause 54. Both parties submitted claims to a sole arbitrator, who awarded Rs. 14,31,463 to the contractor and Rs. 33,95,000 to the Union, despite finding the Union responsible for delay. The c…

The appellant was granted a mining lease in 1980, while the late Dr. Sarojini Pradhan, who had also applied for a lease, filed a writ petition challenging the grant. Dr. Pradhan died during the pendency of the petition and her legal heirs were allowed to substitute her. The Orissa High Court set aside the appellant's l…

Senior Advocate Indira Jaising filed a writ petition under Article 32 seeking the Supreme Court’s direction to publish a confidential report of an in‑house committee that had investigated alleged involvement of sitting Karnataka High Court judges in certain incidents, and to order an independent agency to conduct a fre…

The petitioners, a group of judicial officers, filed a writ petition under Article 32 challenging the grant of selection grade and super‑time scale to certain respondents, alleging that senior officers were bypassed, the criteria were arbitrary, and the process violated Article 16 and the Shetty Commission recommendati…

The case arose from the Parliament attack of 2001, after which the accused were charged under various statutes including the Prevention of Terrorism Act, 2002 (POTA). While the trial was pending, the accused sought an interlocutory order from the Special Judge to exclude intercepted telephone conversations as evidence …

In the 2001 Assam Legislative Assembly election for constituency No.115 Moran, Sarbananda Sonowal was declared elected, defeating Jibontara Ghatowar by 850 votes. Eight hundred twenty‑four ballot papers were rejected because they lacked the presiding officer’s signature and distinguishing mark. Ghatowar filed an electi…

The appellant was engaged as a daily‑wage worker under the Jawahar Rozgar Yojna, a temporary employment scheme, initially for 100 days and subsequently extended, completing a total of 240 days. The post he occupied was later abolished due to lack of funds, and his services were terminated. He filed a writ petition clai…

The Supreme Court entertained a public‑interest writ petition alleging that numerous Bihar‑owned public sector undertakings had failed to pay salaries for years, leading to starvation deaths and suicides of employees and their families. The petition sought directions for payment of arrears and held the State of Bihar l…

Syndicate Bank sued the partnership firm R.S.R. Engineering Works and its partners for repayment of loans. The partnership was dissolved and one partner (respondent 4) claimed to have taken over the entire liability, seeking to discharge the retiring partners (respondents 2 and 3). The trial court and High Court decree…

The petitioners, employed as Legal Assistants in the Rajasthan Education Department, applied for the Rajasthan Judicial Service but had not completed the statutory three‑year active practice at the Bar. The Rajasthan Public Service Commission cancelled their candidature on that ground. The petitioners argued that repre…

The petitioners were already accused in a police case relating to a shooting incident, but were later summoned under Section 319 of the CrPC in a separate complaint case concerning the same occurrence. They challenged the summons, arguing that Section 319 could not be invoked against a person already an accused in anot…

The appellant, Salim Akhtar (Mota), was convicted under the Terrorist and Disruptive Activities Prevention Act (TADA) for allegedly possessing a pistol, cartridges, a bomb and RDX that were recovered after he led police to a polythene bag in an open area. The pistol was not sealed at the time of recovery and its make a…

The Commissioner of Central Excise appealed against the judgment that "spent earth" was not liable to excise duty. The issue was whether the inclusion of spent earth in Tariff Item 1507 of the Excise Tariff Act, 1985 made it automatically excisable, and whether the established tests of manufacture and marketability sti…

The Ahmedabad Education Society (the Society) retired a teacher at age 58 under Rule 34 of the Bombay Primary Education (Gujarat Amendment) Rules, 1978, while the teacher claimed a right to serve until age 60 based on Rule 29 of the Society's Leave Rules. The teacher filed a suit seeking a declaration that his retireme…

The judgment debtor’s immovable property was put up for auction in execution of a decree. The debtor paid the entire decretal amount with costs to the decree holder and filed a memorandum of objection seeking to set aside the sale. The execution court treated the memorandum and the deposit as an application under Order…

The widowed mother, Smt. Anokha, consented to the adoption of her infant daughter Alka by an Italian couple who had known the family for years. The couple filed a petition under Sections 7, 10 and 17 of the Guardians and Wards Act, 1890, submitting extensive evidence of their suitability. The District Judge and the Raj…

Kuldeep Singh was found in possession of 880 litres of Acetic N‑hydride, a precursor for heroin, and was convicted under Sections 9A, 25A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court sentenced him to ten years' rigorous imprisonment. The Rajasthan High Court reduced the term to si…

The respondent, a Stenographer Grade‑II in the Geological Survey of India, sought parity of pay with Stenographers Grade‑C of the Central Secretariat, invoking the principle of "equal pay for equal work". The Central Administrative Tribunal initially rejected the claim, but in a review order applied the equal‑pay doctr…

The Supreme Court examined whether Kisan Sahkari Chini Mills Ltd., a co‑operative sugar mill registered under the Uttar Pradesh Co‑operative Societies Act, could be treated as a "State" within Article 12 of the Constitution and thus be subject to writ jurisdiction under Article 226. Applying the tests laid down in Ajay…

The Supreme Court examined the acquisition of several parcels of land in Delhi that were claimed to be evacuee properties. The petitioners argued that the acquisition, made under the Section 4 notification of 23 January 1965, was invalid because earlier notifications had excluded evacuee lands and because such lands ve…

The Supreme Court examined an arbitration award arising from a turnkey housing contract between Army Welfare Housing Organisation (AWHO) and Sumangal Services Pvt. Ltd. (Sumangal). The Court held that the arbitrator had no jurisdiction to pass an interim injunction under Section 41(b) of the Arbitration Act, 1940, and …

The appellant, a hereditary trustee of a temple, claimed ownership of a shop adjoining the temple and sued for declaration of title, possession and three years' rent arrears. The trial court and first appellate court upheld his claim based on oral testimony, rent agreements, ledger books and a charity commissioner’s or…

The petitioners, Common Cause, sought a writ of mandamus to compel the Union of India to issue a Gazette notification under Section 1(3) of the Delhi Rent Act, 1995, which required the Central Government to fix the date of the Act’s commencement. The Central Government had not issued such a notification because pending…

Citibank N.A. bought GOI 2009 bonds from Canbank Mutual Fund (CMF) and issued two Bankers Receipts (BRs) to Standard Chartered Bank (SCB) in exchange for Rs.50 crore. SCB asked for CMF's Subsidiary General Ledger (SGL) forms in lieu of the bonds; Citibank delivered the dishonoured SGLs and received the BRs back, which …

The appellant, a contractor, entered into a work contract with National Fertilizers Ltd. that required any dispute to be referred to the sole arbitration of the General Manager, or, if unavailable, to a Deputy Manager of not lower than Dy. Manager rank. When a dispute arose, the Deputy General Manager (Materials) acted…

The Gujarat High Court granted bail to several accused of the Godhra train fire under Section 439 of the Criminal Procedure Code, despite the offences also being covered by the Prevention of Terrorism Act, 2002 (POTA). The State appealed, arguing that the accused had not first applied for bail before the Special Court …

The petitioner's husband died after alleged police beating in custody; the petitioner filed a private complaint more than a year later alleging custodial violence by the accused police officer. The trial court convicted the accused, but the High Court acquitted him, finding the delay, lack of credible evidence, materia…

The Union Territory of Chandigarh issued a 1996 notification for recruitment of Assistant District Attorney/Law Officer fixing the maximum age limit at 30 years. Respondent Rajesh Kumar Basandhi, aged 33, was rejected and challenged the decision, contending that the Punjab Civil Services Rules, amended in 1996, raised …

The Supreme Court examined an appeal by the successors‑in‑interest of Chandy, who claimed that they held a lease of land on which a saw‑mill shed had been erected before 20 May 1967 and therefore were protected from eviction under Section 106 of the Kerala Land Reforms Act, 1963. The lower courts and the Kerala High Co…

The Government of NCT of Delhi appealed the Delhi High Court’s acquittal of Jaspal Singh (A4) for offences under the Official Secrets Act, 1923 and Section 120B IPC. The Supreme Court held that the High Court had misapplied the law, especially the evidentiary value of a co‑accused’s confession and the statutory presump…

The I.I.T.T. College of Engineering, an unaided private institution, obtained AICTE approval for several engineering courses but faced repeated denial of university affiliation for its Information Technology (IT) program due to infrastructural deficiencies. The college admitted students to the IT course, leading the un…

The case concerned the murder of Santokh Singh, in which five accused, including the appellant Surinder Singh, were tried. The main accused, Darshan Singh, was a proclaimed offender and was tried separately, later being acquitted. The trial court had convicted Surinder Singh and another accused under Section 302 read w…

Rajathiammal, a female Hindu, acquired suit property from her maternal grandmother through a court‑sanctioned compromise decree. She died intestate and without issue on 1 July 1972. The appellant, V. Dandapani Chettiar, son of Rajathiammal's father, claimed that the property should devolve on the heirs of her father un…

The appellants were convicted of gang rape and criminal intimidation of a tribal school teacher under IPC sections 376(2)(G) and 506 and the SC/ST (Prevention of Atrocities) Act. The prosecution’s case rested on the victim’s identification of the three accused in court, despite no test identification parade being condu…

The plaintiff, a container leasing company, sued the defendant for non‑return of 92 leased containers and for arrears of rent after the lease expired and was extended by one month. The Bombay High Court rejected a motion for a receiver but later directed the defendant to deposit Rs 82 lakhs as interim security for the …

The appellant, N.S. Nayak & Sons, challenged the High Court's dismissal of its appeals under Section 37 of the Arbitration Act, 1940, arguing that the Arbitration and Conciliation Act, 1996 should govern the appeals because the arbitration agreement referred to "the provisions of the Arbitration Act, 1940 or any statut…

The Supreme Court considered whether advance tax and self‑assessment tax paid by Shelly Products could be refunded merely because the earlier assessment was annulled and the revenue could not pass a fresh assessment. The Court held that the liability to pay advance tax and self‑assessment tax arises under the Income Ta…

Mis. Pawan Hans Ltd. sought flats for its employees and entered negotiations with Mis. Lokhandwala Construction Industries Ltd. over price and the requirement of an unconditional bank guarantee. The parties could not agree on the guarantee clause, the Memorandum of Understanding was never signed and the deal collapsed.…

Sitabai executed a will bequeathing her self‑acquired property to her husband, Ramachandra, for his lifetime and thereafter to three minor nephews. After the testator and her husband died, the husband's brother and his children took possession, and a compromise decree was obtained in an injunction suit, which the minor…

The State of Rajasthan prosecuted Hat Singh and others under the Rajasthan Sati (Prevention) Act, 1987 for "glorification of Sati" (Section 5) and for contravention of a prohibitory order issued by the Collector (Section 6(3)). The High Court held that once a prohibitory order was issued, Section 5 merged into Section …

The appellants Chittarmal and Moti were charged with murder and attempted murder for assaulting two sleeping men, resulting in their deaths, and grievously injuring a third witness, Lal Chand. The trial court convicted them under Sections 302 and 307 IPC and sentenced them to death, which was later commuted to life imp…

Geetu married Parvin Kumar and, two and a half months later, died by hanging. The prosecution alleged that her husband and in‑laws harassed her for a dowry car, constituting offences under Sections 304B and 306 IPC. The trial court and High Court convicted them, but on appeal the Supreme Court examined the oral testimo…

The State of Bihar acquired land and the Collector awarded compensation to Sharda Devi, who claimed title as a raiyat. The State later sought a reference to the civil court under Section 30 of the Land Acquisition Act, 1894, asserting that the land actually belonged to the State and that the award was therefore void. T…

The appellants, trained electricians employed by various contractors to maintain electricity at a government medical college and hospital in Chandigarh, sought regularisation of their services, arguing that the Engineering Department of the Chandigarh Administration exercised complete control over their work and was th…

The appellant, a constable, killed three fellow police personnel with a sten‑gun after being reprimanded and having adverse entries made against him. He was convicted under Section 302 IPC and Section 27 of the Arms Act and sentenced to death. The Supreme Court upheld the conviction under Section 302 but set aside the …

Dr. R.N. Rajanna, a Karnataka state government employee, retired voluntarily while on deputation to a public sector undertaking and sought re‑fixation of his pension at 50% of his emoluments, relying on three Government Orders (1983, 1986, 1994). He contended that the deputation allowance should be included in the pens…

Advocate A.K. Saxena, who was on the panel of New India Assurance Co., was asked to return client files pending payment of his fees. He applied to the Allahabad High Court for discharge as counsel and for an order directing the company to pay his full fees before returning the papers. The High Court granted his dischar…

The case concerns the murder of Nawal Kishore Jha on 9 April 1980, for which fifteen persons were originally charged. The trial court convicted several of them under sections of the IPC and the Arms Act, but the Patna High Court later acquitted all the convicted persons. The informant appealed, challenging the High Cou…

The Supreme Court examined whether the Central Board of Direct Taxes' Circular No. 789, issued under Section 119 of the Income‑Tax Act, was ultra vires the Act and whether the Indo‑Mauritius Double Taxation Avoidance Convention (DTAC), notified under Section 90, could override inconsistent provisions of the Income‑Tax …

The petitioners, former members of the Orissa Subordinate Administrative Service (Junior Branch) who became part of the integrated Orissa Administrative Service after the 1973 merger, challenged Section 2 of the Orissa Administrative Service, Class‑II (Appointment of Officers Validation) Amendment Act, 1992. They argue…

The original owner transferred land to two brothers who partitioned it; one brother's son amalgamated the holdings, sold one portion and leased the other to a cooperative society (respondent No.3). The heirs of the other brother and the original owner's heirs later transferred their possessory rights in the leased port…

The appellant sought a permanent and ad interim injunction on title and possession of agricultural land, but both the trial court and the appellate court rejected his claim. He then filed a petition under Article 226 of the Constitution, which the High Court dismissed on the ground that the relief sought was against pr…

The case concerned Hindustan Machines Tools Ltd., a public sector undertaking, which had introduced voluntary retirement schemes and later negotiated a settlement revising wages and service conditions. Clause 13 of the settlement linked payment of arrears (for the period 1‑Jan‑1992 to 31‑Mar‑1995) to a periodical revie…

The case arose from the Bofors scandal where the CBI filed charge‑sheets against Prakash P. Hinduja and others for offences under the IPC and the Prevention of Corruption Act. The accused contended that the charge‑sheets were illegal because the CBI had not placed the investigation report before the Central Vigilance C…