Judgments of 2003

The case involved a partnership firm that owned a newspaper, which was allegedly transferred to a newly incorporated company. A settlement deed purporting to resolve private disputes among the partners was recorded by the Madhya Pradesh High Court in a writ petition, even though the deceased appellant, Dwarka Prasad Ag…

The appellants challenged the Patna Municipal Corporation's assessment of property tax, arguing that the assessment lists were prepared and published in violation of the Patna Municipal Corporation Act, 1951. They contended that the mode of publication prescribed in Section 149(1) – beat of drum and placards – was mand…

The case involved a dispute between the heirs of the late Dwarka Prasad Agarwal and his partner Ramesh Chandra Agarwal over control of the printing press and newspaper business of Dainik Bhaskar. Ramesh Chandra Agarwal allegedly forged a lease, altered the partnership settlement, and took forcible possession of the pre…

Sm. Amiya Bala Paul constructed a house and disclosed investment amounts in the assessment years 1982-83 and 1983-84. The Assessing Officer rejected the second disclosure and, invoking Section 55A of the Income Tax Act, referred the valuation of the house's construction cost to a Valuation Officer appointed under the W…

M/s. Grand Prime Ltd. imported raw silk and other silk products into Kolkata using an advance licence that was later found to be forged and was subject to a condition of re‑export. The importer failed to comply with the re‑export condition, did not appear before customs, and did not file a bill of entry, prompting the …

The appellant, O.P. Bhatia, exported ladies' skirts and declared a value far above the domestic market price, subsequently claiming a large drawback. The Customs Commissioner found that the export value was deliberately over‑invoiced, treated the goods as prohibited, confiscated them and imposed a fine and penalty. The…

The State of West Bengal raised a battalion of Border Wing Home Guards (BWHG) under a 1976 Central Government scheme, recruiting both full‑time and part‑time volunteers who were to serve for three months. The part‑time BWHGs were continuously deployed for over a decade, performing the same duties as permanent BWHGs but…

The appellant's husband was detained under Sections 3(1)(i)-(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The appellant filed a representation in Malayalam to both the detaining authority and the Central Government, but no English translation of the representation or the…

The appellants, large industrial consumers, entered into standard supply agreements with the West Bengal State Electricity Board that imposed both minimum guaranteed charges and maximum demand charges. The agreements provided for remission of minimum charges when supply was interrupted, but were silent on remission of …

The respondents, International Trading Co. and others, held permits under the Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 to operate foreign deep‑sea fishing vessels in India's exclusive economic zone. Their permits were not renewed after the initial term, and the authorities gave no re…

The appellants' lands were acquired under the Land Acquisition Act, 1894 for an "Industrial Focal Point" in Punjab. After a notification on 7 May 1991, they filed objections on 13 June 1991; a Section 6 declaration was made on 18 March 1992 and the award was passed on 15 March 1994. The appellants challenged the acquis…

The appellant, Goaplast Pvt. Ltd., issued post‑dated cheques to the respondent and later instructed the drawee bank to stop payment before the dates on which the cheques became payable. The respondent filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, which was dismissed by the lower courts on…

The case concerned a Deputy Commandant of the Border Security Force (BSF) who was accused of accepting bribes for recruitment. The Unit Commandant, who was also a prosecution witness, directed a subordinate Commandant to initiate disciplinary proceedings against the officer, attaching him to a wing of the same unit. Th…

St. Johns Teachers Training Institute applied to the Regional Director of the National Council for Teacher Education (NCTE) for recognition to start a teacher‑training course. The Regional Director refused to consider the application unless the institute obtained a No Objection Certificate (NOC) from the State Governme…

The Supreme Court examined the convictions of eight accused in a gang assault that resulted in the death of Gopikrishna and injuries to Sanjay Patil. The trial court and High Court had convicted all accused under Sections 143, 144, 147, 302/149 and 324/149 IPC. On appeal, the Court distinguished two separate assaults –…

The case involved ten accused charged with offences under Sections 147, 148, 149 and 302 of the IPC for an alleged murder during an unlawful assembly. The sole eyewitness, PW9, altered his testimony at trial compared to his original FIR statement, and his account was not corroborated by medical or forensic evidence. Th…

The State of Karnataka prosecuted M.V. Manjunathegowda (A‑1) and others for the murder of his wife Kamalamma, alleging that she was killed within seven years of marriage after the accused demanded a dowry of Rs 10,000 and three sovereigns of gold, of which only Rs 8,000 was paid. The trial court convicted A‑1 under Sec…

Bhag Singh was tried under Section 18 of the NDPS Act and acquitted by the trial court because the prosecution case rested solely on official witnesses and lacked an independent witness. The State of Punjab sought leave to appeal the acquittal under Section 378(3) of the CrPC, but the Punjab and Haryana High Court dism…

The appellant, Suchand Pal, appealed against the Calcutta High Court's acquittal of the accused Phani Pal for murder and related offences. The trial court had convicted Phani Pal based on the prosecution's claim that a gun was fired from a short range and on a dying declaration of the deceased, Bhanumati, which was rec…

Bibi Zubaida Khatun purchased the suit property in 1996 during the pendency of two cross‑suits (one for redemption of mortgage and another for specific performance) without obtaining leave of the court as required by Section 52 of the Transfer of Property Act. She filed three applications seeking her impleadment as a p…

The appellants, tea manufacturers, challenged the constitutional validity of the Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977, which regulated tea as an essential commodity. They argued that tea is not a "foodstuff" under the Essential Commodities Act, 1955, and that the Central Government had …

The appellant contested the election of the respondent from the Kundara Legislative Assembly constituency and filed an election petition alleging that the respondent had committed corrupt practices under Section 123 of the Representation of the People Act, 1951 by publishing a defamatory pamphlet through agents K.C. Ma…

The appellant, a college principal, was accused of tampering with his son’s answer sheet in a university examination. The Managing Committee suspended him, issued a charge‑sheet and, after multiple adjournments, found him guilty and recommended dismissal, later changed to termination with the Vice‑Chancellor’s approval…

The case involved fraudulent withdrawals from recurring deposit accounts of Singareni Collieries workers at a Sub‑Post Office. A postal assistant (A‑3) fabricated vouchers with forged signatures and thumb impressions, and the Sub‑Post Masters (A‑1 and A‑2) signed the vouchers without verifying their authenticity. The t…

In the Kerala Department of Agriculture, Soil Survey Assistants were temporarily promoted to Assistant Director (Soil Survey) from 1964 to 1980 because a Departmental Promotion Committee (DPC) had not been constituted. When the DPC was finally formed in 1984, it regularised those temporary promotions by granting them r…

The Karnataka Village Officers' Abolition Act, 1961 abolished hereditary village offices but permitted existing holders to continue on an ad‑hoc basis. The respondents, appointed as Gram Sahayaks on a compassionate, contract basis between 1979‑1983, sought regularisation as Group D employees with salary parity. The Kar…

The respondents, appointed as JBT teachers in Haryana in the early 1980s, already possessed B.Ed. or equivalent qualifications before their appointments. They claimed entitlement to a higher pay scale under a 1957 Punjab Government circular that linked higher qualifications to higher grades. The State issued a 1990 Gov…

The Tamil Nadu Government dismissed about two lakh employees who went on strike, prompting the employees to file writ petitions under Articles 226/227 challenging the dismissals and the validity of the Tamil Nadu Essential Services Maintenance Act, 2002 and Tamil Nadu Ordinance No.3 of 2003. The High Court initially st…

M/s Khaitan Electrical Ltd., a manufacturer of electric fans, sought classification of four fan models (Mini, Tini, Chiki, Miki) under Tariff Item 33(1)(a) to avail a 5% ad valorem excise duty exemption under Notification No.46/84. The Assistant Collector classified the fans as cabin/carriage fans under Item 33(1)(b), …

The dispute concerned the eligibility of 38 persons listed in the electoral roll for the 1996 election of the managing committee of Vidya Vardhak Sangh, a society registered under the Societies Registration Act and the Bombay Public Trust Act. The appellants argued that the election was void because the 38 persons were…

M/S T.V.S. Suzuki Ltd. filed a refund claim after the final assessment of excise duty. The Assistant Commissioner rejected it on limitation grounds, but the Commissioner of Central Excise reversed the decision, and the CEGAT affirmed the reversal. The Revenue appealed, arguing that a proviso added in 1999 to sub‑rule (…

The appellant, a 20‑year‑old male, was accused of raping and murdering an 11‑12‑year‑old girl who was last seen with him on 28 March 2001. The girl's body was discovered the next day in a dilapidated building, and the post‑mortem report confirmed strangulation and sexual assault. The prosecution relied on the testimony…

The case involved three accused who were alleged to have strangled a rickshaw puller, Bhanwar Singh, using a cloth rolled into a rope. Two constables on night patrol heard the victim’s cries, entered the guest house and saw the assault, catching two of the accused while the third escaped by scaling a wall. The prosecut…

The Collector of Central Excise challenged the claim of MODVAT credit by Mis. Escorts Mahle Ltd. for chemicals—Ramming Mass, Fibre Glass and Filter Mesh—used in the manufacture of steel pistons. The assessees argued that these chemicals are essential to neutralise acidic vapours generated during steel melting, without …

D. Saibaba, a practising advocate, was accused by his estranged wife of professional misconduct for continuing to hold a telephone booth allotted in the handicapped quota. The Bar Council of India directed him to surrender the booth and, after his failure to do so within a short period, ordered his deletion from the ro…

The builders, represented by Bakhtawar Trust, obtained permission to construct an eight‑storey building of 80 ft height, which the adjoining property owner challenged on the ground that it violated the Zonal Regulations prescribing a maximum height of 55 ft under the Karnataka Town and Country Planning Act, 1965. The K…

J.M.D. Alloys Ltd., an industrial electricity consumer, was alleged to have tampered with the seal of its CT/PT terminal box and to have drawn electricity beyond its contracted load, leading the Bihar State Electricity Board to issue a compensatory bill under Clause 16.9 of its tariff. The petitioner challenged the bil…

The petitioner, State of Madhya Pradesh, appealed against a High Court order that directed it to consider a prisoner's application for release on probation. The prisoner, convicted under IPC section 396, had applied under the Madhya Pradesh Prisoners' Release on Probation Act, 1954, but his request was rejected because…

The appellants, Sarwan Kumar and another, were heirs of a commercial tenant in a premises governed by the Delhi Rent Control Act, 1958. The landlord, Madan Lal Aggarwal, obtained an ex‑parte decree for ejectment and mesne profits from a civil court, which the appellants challenged on the ground that the civil court lac…

The Supreme Court examined whether a printed cigarette packet falls under “other packing containers” or “boxes” in Tariff Item No.17 of the Central Excise Tariff Act, 1985, and consequently whether Exemption Notification No.66/82 (dated 28‑Feb‑1982) applies. The Revenue argued that the packet is a printed box, excluded…

The Municipal Corporation of Delhi and others entered into a contract with International Security & Intelligence Agency Ltd. containing an arbitration clause. A non‑speaking award was made and later declared a rule of court, leading to a decree. Various objections, a review petition, and multiple appeals were filed. Th…

The appellant claimed ownership of 17.74 acres in Alathur Taluk, asserting that the land was a rubber plantation and therefore exempt from vesting under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The Forest Tribunal initially held the land was not a private forest, but after a remand the Tribunal ag…

Archana M. Kamath, a current account holder of Canara Bank, challenged the bank's imposition of a Rs. 50 charge for issuing 50 MICR cheque leaves, alleging that the fee was unilateral, without her consent, and contrary to RBI directives. The Bombay Consumer Disputes Redressal Forum ruled in her favour, ordering a refun…

The Government of Andhra Pradesh issued a Government Order granting remission of sentences to certain categories of prisoners, expressly excluding those convicted by courts of other States but serving their sentences in Andhra Pradesh. Two convicts, S. Appala Swamy (convicted in Madhya Pradesh) and Rajender (convicted …

Kashi Nath claimed to be the adopted son of the temple pujari Bala Bux, seeking exclusive rights to manage the Thakurji Shri Gopalji temple, perform sevapuja and receive offerings. The respondents contested his claim, arguing that no valid adoption existed. The trial court, the first appellate court, and the Rajasthan …

The Uttar Pradesh Public Service Commission (UPPSC) conducted three competitive examinations – the U.P. Civil Judge (Junior Division) Examination 2000, the Provincial Civil Services (Executive Branch) Main Examination 2001 and its Preliminary Examination 2002 – and applied a scaling formula to the marks awarded by four…

The widow of Pravinlal Madhvani sued the Madhvani brothers for partition of a tea estate, accounts of a family partnership and mesne profits, seeking 6% interest. While the appeal of the preliminary decree was pending, the High Court allowed an amendment to raise the interest rate to 13% and awarded interest at prevail…

Ahmednagar Zilla S.D.V. and P. Sangh Ltd., a specified cooperative society, amended its bye‑laws to classify member societies into classes A, B and C based on milk supply. The amendment was approved by the Deputy Registrar, and a voters' list was prepared for the election of the managing committee. Respondents appealed…

The appellant, M.B.L. Gupta Construction, entered into a contract with the respondent, Bharat Cooperative Group Housing Society, to construct 308 dwelling units, which included an arbitration clause for dispute resolution. After completing the work, a dispute arose and the matter was referred to a sole arbitrator, who …

The appellant, a contractor, executed a contract with Gulbarga University for constructing an indoor stadium. Clause 30 of the contract stipulated that any dispute would be decided by the Superintending Engineer of the Gulbarga Circle, whose decision would be final and binding. After the Engineer rendered an award, the…

The Bihar State Housing Board acquired land under the Land Acquisition Act, 1894. A preliminary notification was published in the Gazette on 16‑Mar‑1989, in two newspapers on 29‑Apr‑1989 and locally on 20‑Mar‑1989. The declaration of acquisition was published in the Gazette on 1‑Feb‑1990, in two newspapers on 27‑Feb‑19…

The appellants were convicted of murder under IPC s.302 read with s.34 for the killing of Hamam Singh. The trial court had acquitted them, relying on the alleged unreliability of witnesses who were relatives of the deceased, the absence of independent shop‑keeper witnesses, a site‑plan omission, and a perceived conflic…

The State of Maharashtra acquired lands of the respondents by private negotiations before a Section‑4 notification under the Land Acquisition Act, 1894 and later issued a Section‑6 notification. Government resolutions stipulated payment of rental compensation to the title‑holders, but the compensation was not paid or w…

Prem Raj was convicted under the Prevention of Corruption Act, 1988 and sentenced to two years of rigorous imprisonment with a fine of Rs.500, and an additional three years of rigorous imprisonment with a fine of Rs.1,000, to run concurrently. He appealed to the Delhi High Court seeking a reduction in the term of impri…

The deceased, an agriculturist, died in a motor accident and his widow and minor son claimed compensation of Rs 10 lakhs under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 6.5 lakhs based on an assumed monthly income of Rs 4,500, which the State of Haryana challenged for la…

After the Uttar Pradesh Reorganisation Act, 2000 created the new State of Uttaranchal, the Uttar Pradesh Public Service Commission (UPPSC) had already selected candidates for 544 J.E. Civil/Technical posts and sent its recommendations to the Uttar Pradesh Government, which forwarded them to Uttaranchal. The Uttaranchal…

Anil Panjwani purchased a vacant plot from Shri Niwas Vaidhya under a sale agreement dated 1‑Dec‑1985 and took possession, erecting a boundary wall. The defendant, R.C. Ardawatiya, later attempted to erect a hut on the plot. Panjwani sued for declaration of title, restoration of possession and injunctions. The trial co…

Anil Panjwani, the plaintiff in a civil suit for possession, filed affidavits containing reckless allegations against the presiding Supreme Court judge, leading to contempt proceedings under Section 14 of the Contempt of Courts Act, 1971. The Court initially ordered his detention, but he later expressed remorse and sou…

The Deputy Chief Controller of Imports and Exports filed complaints against Roshanlal Agarwal and others under several IPC sections and Section 5 of the Imports and Exports (Control) Act, 1947. The complaints were tried before a Special Court (Economic Offences) constituted by a Karnataka notification that created a Ju…

The Supreme Court examined whether State Financial Corporations (SFCs) could exercise their statutory power under Section 29 of the State Financial Corporation Act, 1951 to sell mortgaged assets of a company that had been ordered to be wound up, without involving the Company Court. The Court held that once a winding‑up…

The petitioners, holders of Trained Teachers Certificate (TTC), challenged their non‑selection for lower and upper primary teacher posts in Kerala government schools, arguing that the advertisement required TTC and excluded B.Ed. degree holders. The State and the Public Service Commission had allowed B.Ed. candidates t…

The Supreme Court considered an appeal by B.Ed. degree holders who sought appointment as primary teachers in Municipal Corporation schools, where the advertisement required either a 10th pass with a two‑year teacher‑training certificate (TTC) or a 12th pass with a one‑year teacher‑training certificate. The High Court h…

The State of West Bengal challenged the constitutional validity of several provisions of the West Bengal Sales Tax Act, 1994 and its 1995 Rules, including Section 2(6), the explanation to Section 11, and Section 14(4), as well as Rules 172, 173, 174, 188 and 189. The respondents argued that these provisions created a s…

The appellant, a retired employee of Karnataka Agro Industries Corp., had been suspended in 1999, the suspension was later withdrawn, and he retired in 2000 without any order regularising his service or settling salary and allowances. He filed a writ petition seeking full salary for the suspension period, gratuity, cas…

The Food Corporation of India (FCI) entered into a contract with Sure... Transport Co. containing an arbitration clause (Clause XX) that referred all disputes to an arbitrator except matters whose decision was expressly provided for in the contract. Clause XII specifically excluded claims relating to transit loss, demu…

The case concerned an IPS officer (Respondent No.3) who applied for voluntary retirement with immediate effect on 5 May 1993, deposited the required notice money, and then left India without waiting for the Government’s acceptance. The Government of India accepted his retirement on 2 March 1995, making the retirement e…

A partnership of four family members was dissolved and the partners' residual assets were allocated by an arbitration award dated 2 October 1972. Some partners objected to the award under Section 30 of the Arbitration Act, 1940, contending that the award needed to be registered under Section 17 of the Registration Act,…

A rickshaw puller, Chinku, was killed in a motorcycle accident. The motorcycle was originally owned and insured by Bhagwan Rai Amrit Lal, who later sold it to the appellants (Rikhi Ram and Azad Engineering Works) without informing the insurer, as required by Section 103-A of the Motor Vehicles Act, 1939. The deceased's…

The appellants, successors of the late Chogyal Sir Tashi Namgyal, claimed ownership of plots 1013, 1014 and part of 1040 in Gangtok, alleging they formed part of the Chogyal's private estate. The respondents had constructed a hotel and other structures on the land, asserting that the plots had been acquired by the Sikk…

The plaintiff filed a suit for partition and sought the appointment of a guardian for the 87‑year‑old defendant under Order 32 Rule 15 of the CPC, alleging mental infirmity. The trial court dismissed the application, prompting a revision before a Single Judge of the High Court, who set aside the trial court order but d…

T.N. Dadha Pharmaceuticals obtained exemption under Notification No. 116/69 for its drug Darzamol Injection, which contains Metronidazole and Dextrose. The Revenue later alleged that Dextrose, not being a pharmaceutical necessity or therapeutically inert, was suppressed in the classification list, withdrew the exemptio…

The respondents, who were employees of the Reserve Bank of India, resigned in 1988 before the RBI Pension Regulations, 1990 came into force. The Pension Regulations, particularly Regulation 18, state that resignation results in forfeiture of service and disqualification for pension. The High Court held that Regulation …

The respondent, Constable Ram Saran of the CRPF, was convicted by an Assistant Commandant exercising the powers of a Judicial Magistrate under Section 10(m) of the Central Reserve Police Force Act for unauthorised absence and sentenced to three months' imprisonment. The Sessions Court and the Himachal Pradesh High Cour…

On 13 May 1994, Excise officials seized about 12 kg of cannabis from the accused and sent a 50‑gram sample for chemical analysis four days later. The trial court convicted the accused under Section 20(b)(i) of the NDPS Act, but the Orissa High Court acquitted him, holding that the prosecution failed to explain the cust…

Banti (Guddu) and Teekaram were convicted for the murder of Pravin Pathak under IPC s.302 r/w s.34. The prosecution relied on two eye‑witnesses, PW‑I (the deceased’s brother) and PW‑II (a friend), who identified the accused. The defence presented DW‑1, who initially corroborated the eye‑witnesses but later recanted, cl…

The respondents filed a suit against United Bank of India concerning an underwriting commitment. While the suit was pending, the parties executed a Memorandum of Understanding (MOU) on 18 May 1994 that required the respondents to withdraw the suit, pay a guarantee liability of Rs. 2.33 lakhs, and file a compromise peti…

The Supreme Court examined a violent incident in which three accused, armed with deadly weapons, attacked the deceased Pyara Singh, causing his death and grievous injuries to three others. The accused claimed they acted in self‑defence and sought relief under Exception (4) to Section 300 IPC. The Court rejected the sel…

The petitioners, originally residents of Delhi who obtained their MBBS degrees outside Delhi under the 15% all‑India quota, challenged Delhi University’s notification that barred them from postgraduate medical courses, arguing that reservations based on domicile or institutional preference violated Articles 14 and 15 o…

The State of Bihar levied a penal duty on several distilleries for an alleged shortfall in the production of rectified spirit from molasses, relying on a Comptroller and Auditor General report. The distilleries filed writ petitions under Article 226, contending that the penalty was imposed without any hearing, adjudica…

The appellant obtained two import licences in 1982 and sold them to the respondent for a fixed margin payment. The licences were valid for one year; the respondent could not utilise them and the appellant obtained a six‑month revalidation at the respondent's request. The respondent then demanded a second revalidation, …

The original landlord, Mohammad Yahya, had authorized Fatimabi to collect rent. When municipal taxes remained unpaid, the Municipal Council attached the house and sold it at public auction to Fatimabi, who later transferred the title and the right to recover rent arrears to Sheikh G.S. Ibrahim. The tenants refused to r…

The Bihar Public Service Commission (BPSC) conducted a competitive examination in 1983, declared the results in 1985 and later, after a two‑year gap, issued a show‑cause notice to Vinoy Kumar Singh alleging unfair means in the General Knowledge paper. The Commission cancelled his answer‑sheet and debarred him. Singh ch…

The State of West Bengal appealed against a Calcutta High Court order that granted exemption under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 and confirmed the sale of a sick company's excess land to a third party, despite pending winding‑up proceedings under the Companies Act, 1956. The Supreme Co…

The appellants' original land was acquired under a Town Planning Scheme and they were awarded two final plots and monetary compensation by an arbitrator. They later sought additional Floor Space Index (FSI) and Transferable Development Rights (TDR) under the 1991 Development Control Regulations, which allowed such bene…

The case concerned appeals arising from a land acquisition proceeding under the Land Acquisition Act, 1894, where the claimants sought compensation and the Union of India contested the percentage of deduction for development costs. The High Court had segregated the appeals of the land owners from those of the acquiring…

The appellants, editors of a newspaper, were prosecuted for contempt after publishing material alleged to scandalise the administration of justice. The contempt petition was filed by the Assistant Charity Commissioner, who was a serving civil judge appointed under Section 5 of the Bombay Public Trust Act, 1950. The app…

The Maharashtra State Road Transport Corporation initiated land acquisition under the Maharashtra Regional Town Planning Act (MRTP Act) and the Land Acquisition Act. After the acquisition, the Central Act 68 of 1984 amended the Land Acquisition Act, adding benefits such as interest on compensation and increased solatiu…

The Department of Telecommunication granted licences to cellular operators who were required to pay licence fees in advance and were liable to interest on delayed payments. The New Telecom Policy 1999 introduced a migration package that postponed the effective date of licence fee payment by six months, but the Departme…

The State of Karnataka appealed against the High Court's order setting aside the conviction of M.V. Mahesh and his father for the murder of Mahesh's wife, Beena. The trial court had relied on the recovery of Beena's bones, DNA identification, and the fact that she was last seen with the accused, along with the husband'…

Balwant Singh, a driver for Haryana Roadways, caused a fatal bus accident. Following a claim award of Rs.1,12,950 against the department, he was punished under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 with a four‑year pay reduction. He was later convicted in a criminal trial for offences…

The plaintiffs claimed ownership of land by adverse possession, relying on an unstamped, unregistered sale deed dated 9 May 1931. The defendants denied the deed, asserted they had regained possession in 1957‑58, and pleaded that the plaintiffs were merely sub‑tenants (shikmi). The High Court, on appeal under Section 10…

The State of Madhya Pradesh granted a D‑2 licence, in the form of a lease, to Mis. K.C.T. Drinks Ltd for manufacturing Indian Made Foreign Liquor. The licence contained a condition that the licensee pay the full cost of excise supervisory staff posted at its factory. The High Court struck down this levy, relying on the…

Dwarkaprasad, the Karta of a joint Hindu family, owned a property in Nasik that he let to Niranjan under a lease deed executed by all family members. He filed an eviction suit on grounds of rent default and bonafide requirement of the premises for himself, his son and his younger brothers. The trial court granted evict…

The case concerned a suit land in the former Banaras State that had been granted rent‑free (Krishnarpan) and later mortgaged by the mortgagors, who subsequently sold one‑sixth of the land to the mortgagees and the rest to other purchasers. After the Uttar Pradesh Zamindari Abolition and Land Reforms Act was applied to …

Sanden Vikas (India) Ltd., a manufacturer of car air‑conditioning kits, claimed exemption under Notification No.166/86‑CE by classifying its kits under Item 5 of Heading 8415. The Assistant Collector treated the kits as air‑conditioners under Item 3, leading to a demand for duty. After the amendment on 20 March 1990 in…

Dr. Jugal Chandra Saikia was compulsorily retired on 11 April 1994 after a Screening Committee, comprising senior officials, recommended his retirement on grounds of alleged fraudulent transactions and doubtful integrity. He challenged the order through a writ petition, which was upheld by both a Single Judge and a Div…

Colonel (Retd.) Dhir Singh Chhina retired with a 60% disability (angina pectoris 40% and glaucoma 20%). The Medical Board held that these ailments were constitutional and not attributable to or aggravated by military service. He claimed a disability pension under Regulation 53 of the Armed Forces Pension Regulations an…

The State of Uttar Pradesh appealed against the High Court’s order that the Department of Telecommunications (DoT) was not liable to Uttar Pradesh Trade Tax on rentals collected from telephone subscribers. The Supreme Court examined whether the DoT qualifies as a "dealer" under Section 2(c) of the Uttar Pradesh Trade T…

The case concerned two pre‑emption suits filed under the Punjab Pre‑emption Act, 1913 after the appellant purchased a one‑fourth share of agricultural land (first sale) and later a one‑eighth share (second sale) from co‑owners. The plaintiff sought to enforce his pre‑emptive right over both sales, while the appellant d…

The case involved a partition suit of a joint Hindu family where a compromise decree dated 13‑Feb‑1978 allocated specific parcels of land to each party by metes and bounds, but it was not engrossed on stamp paper. A later decree dated 24‑May‑1979, executed on stamp paper, merely reproduced the earlier decree and cured …

Saikou Jabi, a Gambian national, was intercepted at Bombay airport with approximately 1 kg of heroin concealed in a suitcase. The baggage was screened on an X‑ray machine and the contraband was recovered from the suitcase, not from a personal search of Jabi. He was charged under Sections 21, 23, 28 and 29 of the NDPS A…

The respondent, a government servant, was convicted under IPC sections 302 and 34 and dismissed from service. He was later acquitted on appeal, after which the High Court ordered his reinstatement with full back wages. The Union appealed, arguing that the department should not be liable for wages for the period of dism…

The appellant, Ram Udgar Singh, was convicted under Section 302 IPC and Sections 25A and 27 of the Arms Act for the murder of a political rival. The conviction was based on the testimony of four eyewitnesses, while eight co‑accused were acquitted on the same evidence. The appellant challenged the conviction, arguing th…

The State of Uttar Pradesh leased a 5‑acre government parcel for 50 years in 1887 with a covenant allowing the lessee to renew for another 50 years. The original lessee transferred his interest to Lalji Tandon, who, as assignee, exercised the renewal option and obtained a fresh lease on 20‑Feb‑1945 that incorporated al…

The plaintiff filed a suit to recover possession of premises, alleging that the defendant had taken wrongful and forcible possession. The defendant claimed he was a tenant and produced rent receipts bearing the thumb impressions of the deceased landlady and the plaintiff's signature on the back. The plaintiff admitted …

The appellant, Shanti Kumar Panda, obtained a preliminary order and attachment of a shop under Sections 145 and 146 of the CrPC, while the real possessor, Shakuntala Devi, was not impleaded and was denied a hearing. The civil judge later granted her an ad‑interim injunction restraining the appellant from disturbing her…

The father of Ankur Gupta died while in government service. Under the compassionate appointment scheme, which was modified on 22‑August‑1996 to bar dependants whose other parent was in government service and to limit family income to Rs 2,500 per month, Gupta was appointed as a clerk despite his mother’s government emp…

Vijaya and her brother were charged for the murder of the brother's wife, who was burnt to death. While the brother was convicted of murder under Section 302 IPC, Vijaya was acquitted of that charge but convicted under Section 201 IPC for allegedly causing disappearance of evidence and giving false information. On appe…

The State of West Bengal entered into construction work contracts with the respondent, who completed the work in 1990 and later claimed additional payment in 1993, leading to a request for arbitration. An arbitrator was appointed under the Arbitration Act, 1940 in September 1994, but failed to act, prompting the respon…

Mahendra Pratap Yadav appeared as a private candidate in the 1984 Intermediate Examination and his result was withheld on suspicion of mass copying. He was issued a provisional mark‑sheet without the "W.B." endorsement, used it to gain admission to B.A. and later M.A. courses, and was employed as a teacher. In 1996 the…

Ahuja Industries Ltd purchased a parcel of land but its title was not entered in the revenue records. The Karnataka government acquired the land for industrial development under the Karnataka Industrial Areas Development Act, 1966, issuing a preliminary notification under Section 28(1) on 3 Oct 1997 and gazetting it on…

The case concerned the interpretation of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 in a dispute over surplus land declared against the husband of the respondent, Rajeswari. The Authorized Officer had declared 3.06 standard acres as surplus, a decision upheld by the Land Commissioner. Rajeswari…

The appellant filed a suit for damages alleging police torture, and the respondents failed to appear at the final hearing where a decree was passed ex parte. The respondents sought relief under Order IX Rule 13, arguing that the decree was an ex parte adjudication, while the appellant contended that the Explanation to …

The Union of India (Revenue) issued a show‑cause notice under Section 11‑A of the Central Excise Act alleging clandestine removal of goods and incorrect valuation of Indalco Industries’ aluminium products. The High Court dismissed the part of the notice dealing with clandestine removal but quashed the valuation portion…

The appellants, employed as supervisors in Railway Handicraft Centres, claimed they were railway employees and sought regularisation, pay‑scales and other benefits. The Central Administrative Tribunal held that they were not railway servants because their appointments were on a fixed remuneration and commission, not un…

The appellants, daily‑wage project employees, challenged their retrenchment by the State of Bihar, arguing that the notices issued under Section 25F of the Industrial Disputes Act, 1947 did not accompany the required compensation and that the compensation was not paid directly to them. The State contended that a one‑mo…

The appellant, Prakash, was charged along with another accused for kidnapping and attempted rape of a 5½‑year‑old girl. The victim’s grandmother (PW‑5) witnessed the incident and testified that she heard the child’s cries and found the child naked in the accused’s house. The trial court convicted the appellant under Se…

The accused were intercepted while carrying opium and were served a notice under Section 50 of the NDPS Act informing them of their right to be searched before a gazetted officer or magistrate. They declined that option and were searched by a narcotics officer, leading to the seizure of 200 g of opium and conviction un…

The case involved a dispute over 2.5 acres of land where the accused, who had obtained a court order and actual delivery of possession, were in possession against the deceased who was cultivating the land. On 23 July 1992 the accused formed an assembly, armed with knives and sticks, and were attacked by the deceased’s …

The appellant deposited Rs 1,50,200 with a bank to obtain demand drafts, handing the cash to the Head Cashier and a cash peon for counting. The money later went missing from the bank's cash counter, and the officials were charged under Section 409 read with Section 34 of the IPC. The trial court convicted the Head Cash…

The insurer, National Insurance Co., appealed against a tribunal and High Court order that held it liable to pay compensation under the Motor Vehicles Act, 1988 for the death of a person travelling as a passenger in a goods carriage. The Supreme Court examined whether the Act imposes a statutory duty on vehicle owners …

The Karnataka State Financial Corporation advertised two manager posts in 1995, specifying that age and qualifications be measured as of 31 July 1995 and that applications be received by 29 July 1995. The appellant and two respondents applied; the respondents were not qualified on the last date of submission but were a…

The case concerned Flight Lieutenant G.S. Bajwa, who was dismissed by a General Court Martial under the Air Force Act, 1950 for disobeying a medical examination order. Bajwa claimed that the trial violated his fundamental rights because he was denied a defence counsel of his choice at State expense and was not provided…

The Gujarat Cancer Society imported MRI and lithotripsy machines under a customs duty exemption certificate that required the equipment to be used by the "actual user". The Customs Collector later held the society liable for duty but, considering its charitable purpose, imposed only a token fine and did not prosecute. …

Manorey, an agricultural labourer belonging to a Scheduled Caste, had cultivated a 2.45‑acre plot for 14‑15 years that was vested in the Gaon Sabha and later leased to others. He filed an application under Section 122B(4F) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 seeking protection of his possession a…

The employee, a P.G. Assistant teacher, was repeatedly absent and failed to teach, leading the school management to terminate his services and seek prior approval under Section 22 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973. The competent authority (Chief Educational Officer) refused approval, f…

The father of the plaintiff entered into an agency‑cum‑licence deed with the defendant for the use of a shop as a showroom, with commission payable on tailoring and material sales. Possession of the shop remained with the plaintiffs, but the defendant later occupied it, stopped paying commission and destroyed evidence …

The Supreme Court examined a series of appeals arising from the Rehabilitation Ministry Employees Cooperative House Building Society concerning the eligibility of its members for plot allotments. The Court held that the settlement agreement entered into during a prior Special Leave Petition, together with the Displaced…

The Supreme Court entertained a contempt petition filed by environmental activist M.C. Mehta against Ashok Kumar Chhabra, who continued to operate a hot‑mix plant in Delhi despite the Court’s 1996 order directing closure of all hazardous (Ha) hot‑mix plants and subsequent orders allocating him an alternative site. The …

The respondents, employed as Library Assistants and Attendants at Utkal University, filed writ petitions seeking regularisation of their services and salary parity with regular university employees. The Orissa High Court rejected their regularisation claim but directed the university to pay them salary on par with simi…

Awaz Prakashan Private Ltd closed its newspaper and retrenched reporter P.K. Pujari on 1 July 1989. The reporter claimed the retrenchment violated the Industrial Disputes Act, 1947 and obtained a Labour Court award for reinstatement with back wages. The employer later challenged the award, arguing that the Working Jour…

The Commissioner of Central Excise appealed against orders of the Central Excise and Gold (Control) Appellate Tribunal that had held that notional interest on interest‑free advances taken by manufacturers from buyers could not be added to the assessable value of excisable goods. The revenue argued that such advances am…

The petitioners filed a public‑interest writ under Article 32 seeking a halt to the Tehri Dam project, directions for additional safety tests (3‑D non‑linear analysis and dam‑break simulation), compliance with the conditions of the 1990 environmental clearance, and proper rehabilitation of displaced families. The Gover…

Sukhdev Singh, a personal security officer, got into a quarrel with Devender Singh over a parked scooter. During the scuffle he drew his pistol and fired, killing Singh and injuring a passer‑by. He claimed the pistol was snatched and the discharge accidental. The trial court convicted him of murder (Sec. 302 IPC) and a…

The Supreme Court examined a dispute arising from a housing scheme originally framed by Agra Nagar Mahapalika under the U.P. Nagar Mahapalika Act, 1959, whose execution was later transferred to the U.P. Avas Evam Vikas Parishad (Parishad). Owners of the acquired land, dissatisfied with the compensation, applied for a r…

The case involved a dispute between two family groups over shared assets, which was referred to a sole arbitrator who issued two awards. Seven members of one group objected, claiming they had not received reasonable notice and that the arbitrator’s request for a letter not to challenge the award violated natural justic…

The Board of Secondary Education (CBSE) appealed against a Madhya Pradesh High Court order that had directed it to declare the Class X result of a student, Sheena Peethambaran, who had failed the Class IX examination as a regular student. The student’s school had initially withheld her Class X admission form, leading t…

Justice P. Venugopal, a retired Madras High Court Judge, sought re‑fixation of his pension by claiming that periods he served as a Commission of Inquiry, ad hoc Judge and Commissioner of Payments (1981‑1988) should be counted as judicial service. The Supreme Court examined whether the High Court Judges (Salaries and Co…

The case involved a family dispute over the control of Kerala Kaumudi Pvt. Ltd., focusing on the validity of share transfers from Mani and his children to M.S. Madhusoodhanan, the removal of Madhusoodhanan as Managing Director and the deletion of Article 74, the allotment of additional shares to Ravi and Srinivasan, an…

The Union of India appealed against a Bombay High Court judgment that had quashed the inclusion of seven bulk drugs in the first schedule of the Drugs (Price Control) Order, 1995 and set aside price‑fixation notices. The Supreme Court held that the High Court erred by accepting the petitioners' facts without proper scr…

Gurdev Singh and Satnam Singh were part of a five‑person gang that opened fire on a wedding feast and later on another house, killing 15 people and injuring eight. They were tried separately after absconding, convicted under IPC s.302 r/w s.149 and sentenced to death, a judgment affirmed by the High Court. The Supreme …

The appellant, G. V. Rao, was convicted of murder under Section 302 IPC based solely on circumstantial evidence, including the identification of the deceased’s skeletal remains, a witness who last saw the victim with the accused, the accused’s extra‑judicial confession, and the recovery of clothing and other items purs…

The appellant, a lessee of a non‑residential municipal premises, sub‑let the property to the respondent and later served a notice under Section 106 of the Transfer of Property Act to terminate the tenancy for non‑payment of rent and self‑occupation. The respondent filed an eviction suit which was dismissed by the trial…

The landlord Abdul Sattar sought eviction of the heirs of his former tenant Mohammed Gouse under clause (p) of Section 21(1) of the Karnataka Rent Control Act, 1961, alleging that one heir had been allotted a house by the Housing Board. The house was allotted in 1984 to the son, Mohammed Ismail, while the original tena…

The Uttar Pradesh Avas Evam Vikas Parishad (Parishad) acquired land under its 1965 Adhiniyam and awarded compensation through a Special Land Acquisition Officer. Claimants dissatisfied with the award approached a reference court, which enhanced compensation, solatium and interest, and awarded additional amount under Se…

The Rajasthan Public Service Commission advertised 116 Munsif Magistrate posts with 59 reserved for the General category and the rest for OBC, SC and ST. Because of a shortfall of SC and ST candidates, the Rajasthan High Court directed the Commission to call 210 General‑category candidates for interview, treating the G…

The Department of Telecommunications initiated land acquisition proceedings in 1984, but due to multiple court stays and interim orders, the final award was only passed on 27 August 1993. The issue before the Supreme Court was whether the acquisition proceedings had lapsed under Section 11‑A of the Land Acquisition Act…

The landlord, ARM Group Enterprises Ltd., owned premises that were leased to Allenberry & Co., who gave notice of surrender on 31‑Aug‑1953 but failed to hand over vacant possession. The tenant vacated under a compromise decree that reserved the landlord's right to evict any sub‑tenants. The restaurant Waldorf, initiall…

The State of Maharashtra filed a criminal complaint under IPC sections 338, 109 and 114 alleging medical negligence by Dr. Praful B. Desai and Dr. A.K. Mukherjee, leading to the death of the complainant's wife. The trial court permitted the testimony of a US doctor, Dr. Greenberg, via video‑conferencing; the High Court…

The Uttar Pradesh Land Development Corporation appointed a panel of trainees as Assistant Project Managers for the World Bank‑funded "Million Wells Scheme" and paid them a stipend. When the scheme was discontinued, six of the trainees filed a writ petition seeking regularisation and pay‑scale upgrades. The Allahabad Hi…