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752 judgments · newest first · showing 601–752
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
A.G. Sainath Reddy, a Welfare Officer in the Andhra Pradesh Jail Department, was promoted to Deputy Superintendent of Jails on an ad‑hoc basis while the posts were earmarked for direct recruitment by the State Public Service Commission. After the direct recruits joined, the Government regularised …
The appellants challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894, arguing that the market value fixed by the Collector and affirmed by the High Court was too low. The High Court had fixed compensation by averaging rates of residential and shop plots and …
The Collector initiated suo motu proceedings under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and Section 166‑B of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1950 to cancel assignments of land that allegedly violated the Special Loani Rules. The Single Judge of …
The appellants, R. Balakrishna Pillai (former Minister for Electricity, Kerala) and P. Kesava Pillai (Technical Member/Chairman of KSEB), were convicted under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act for allegedly selling 1,22,41,440 units of Kerala electricity to …
The petitioners challenged the election of the respondent to the Assam Legislative Assembly, alleging that the election petition was invalidly presented to the Stamp Reporter of the Gauhati High Court. The respondents argued that the presentation complied with Chapter VIII‑A of the Gauhati High …
The Supreme Court examined an appeal by United India Insurance Company Ltd, which sought to avoid liability for a motor accident on the ground that the driver’s licence was allegedly fake. The accident involved a vehicle driven by Janu, who presented a licence that appeared genuine; the insurer …
The appellant, a constable of the Railway Protection Force, was charged with leaving his post and the station without permission, leaving arms and ammunition unguarded, and filing a leave application that was not approved. The disciplinary authority found the charge proved and imposed removal from …
The employee, Ajay Kumar, was dismissed by Indian Railway Construction Co. Ltd. while on probation for allegedly assaulting a senior officer and creating a violent scene. The employer dispensed with a disciplinary enquiry, invoking loss of confidence and impracticability, and relied on Rule 30 of …
Hindustan Metal Pressing Works removed excisable goods at the prevailing duty rate while awaiting classification list approval to claim exemption under Notification No.175/86-CE. After the classification list was approved in June 1988, the Revenue granted a refund of excise duty for April‑August …
S.A. Jalaluddin challenged a notification issued under Section 18(1)(a) of the City of Bangalore Improvement Act, 1945, which incorporated a two‑year limitation for issuing a declaration under Section 6 of the Land Acquisition Act, as introduced by the Karnataka Amendment of 1967. He argued that the …
Amco Batteries Ltd., a manufacturer of lead‑acid batteries, obtained lead ingots from various sources, including job workers who reclaimed lead from waste and scrap sent by Amco. The waste and scrap were claimed to be exempt from excise duty under Notification 186/84‑CE (as amended by 246/87‑CE). …
Forbes Gokak Ltd. manufactured glass moulds with plastic gaskets for making ophthalmic lenses. The Central Excise authority classified the product under heading 70.15 of the Central Excise Tariff Act as "other articles of glass" and levied duty, while the assessee claimed classification under …
The respondent, a Physical Education Teacher appointed to a Kendriya Vidyalaya, filled an attestation form stating that no criminal case was pending against him, despite a case being registered. The employer terminated his services for suppressing material information, a decision upheld by the …
The appellant, lessor, leased a plot of land to the predecessor-in-interest of the respondent under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, using the terms of Appendix XIII to Rule 40(3). Clause 1(vii) required the lessee to construct a house but did not expressly limit …
The plaintiff, Surtu, daughter of Basanti, sued the defendants for possession of land after Basanti, a widow who held only a life estate in her husband's ancestral property, allegedly made an oral gift of portions of that land to collaterals in 1936. The trial court held that the widow had no right …
Vyankat, the sole surviving coparcener of a Hindu joint family, died on 8 February 1978. Four months later his widow Krishnabai adopted Dattatraya. The plaintiffs, Vyankat's children, sued for partition claiming their statutory shares, while the defendants argued that the adopted son was also …
The appellant, a cooperative sugar factory, claimed a rebate under Central Excise Notification No. 135/83 CE based on the average sugar production during the three preceding lean years (1979‑80, 1980‑81, 1981‑82). It had produced sugar only in 1979‑80 and nil in the other two years. The Revenue …
The Agriculture Market Committee of Rajam, created under the Andhra Pradesh Agricultural (Produce & Livestock) Markets Act, 1966, levied a market fee on traders. The Rajam Jute and Oil Millers Association sued, claiming the Committee had not provided any facilities in the notified market area and …
The State of West Bengal and its Commissioner of Commercial Taxes appealed against a West Bengal Taxation Tribunal order that had suspended Explanation‑I to Section 2(1a‑1) of the Bengal Finance (Sales Tax) Act, 1941 and declared sub‑sections 6 and 7 of Section 4C and Rule 48L(4) of the Sales Tax …
The State of U.P. alleged that the accused entered the house of Raghubir (PW3) at midnight, assaulted him with the butt of a pistol and, when his wife intervened, also struck her, leading to her death the next day. The trial court convicted the accused under Sections 302 r/w 34, 307 r/w 34 and 452 …
Daewoo Motors India Ltd imported plant and equipment under the Export Promotion Capital Goods (EPCG) Scheme, which required it to meet export obligations equal to six times the CIF value of the imports. The company furnished bank guarantees for licences exceeding Rs 100 crore. Although the …
Retired judges of the High Court, including Justice S.N. Saxena, sought payment of the balance of their leave‑encashment amount or permission to deposit it in the Treasury after retirement. The Union of India refused, relying on the "one‑time settlement" concept in Rule 208 of the All India Services …
The Balaji Mandir Trust, a religious institution registered under the Madhya Pradesh Public Trust Act, filed an eviction suit against tenants Ramgopal and others, relying on a notification issued under Section 3(2) of the Madhya Pradesh Accommodation Control Act, 1961 that exempted trust properties …
Mathew P. Thomas, a probationary Junior Manager (Quality Control) with Kerala State Civil Supplies Corporation, was terminated after multiple show‑cause notices alleging negligence and misconduct in accepting inferior stock. The corporation argued the termination was based on unsatisfactory …
The appellant, a 20‑year‑old man, was convicted of rape under Section 376 IPC for having sexual intercourse with a 19‑year‑old college student who alleged that she consented only because he promised to marry her. The trial court and the Karnataka High Court held that the promise constituted fraud …
A suit filed in 1960 for declaration of church properties was dismissed, and plaintiffs 1, 3 and 5 appealed while plaintiff 4 did not join. During the pendency of the appeal all appellants died. The legal heirs of appellant 4 applied to be impleaded as representatives and to set aside the abatement, …
M/s P & B Pharmaceuticals (P) Ltd., a small‑scale manufacturer of patent and proprietary medicines, used the logo "P/B" assigned by M/s P & B Laboratories Ltd. The Central Excise authorities issued several show‑cause notices alleging that its distributor was a related person and that the logo was …
The landlord of a shop in Neemuch sued the heirs of the original tenant for eviction after they defaulted on rent. The original tenant, Badri Lal, had previously avoided eviction by invoking the proviso to sub‑section (3) of section 12 of the Madhya Pradesh Accommodation Control Act, 1961, and …
Lalit Popli, a clerk of Canara Bank, was dismissed after an internal enquiry found him guilty of forgery and unauthorized withdrawal of Rs.1.07 lakh, relying heavily on a handwriting expert’s report. The employee challenged the dismissal, arguing that the expert’s evidence was inadmissible, that …
Dr. (Mrs.) Chanchal Goyal was appointed as a Lady Doctor in the Municipal Council of Ganganagar, Rajasthan, on a temporary basis for six months or until a regular incumbent selected by the Rajasthan Public Service Commission (PSC) joined. Her service was repeatedly extended for about fourteen years …
Maan Singh, a constable of the Delhi Police, was dismissed for habitual unauthorized absence from duty. He challenged the dismissal on the ground that the period of absence had been later treated as leave without pay and that the dismissal order was not passed by a competent authority. The Supreme …
The Supreme Court examined the constitutional validity of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996, which converted occupants of requisitioned premises into statutory tenants and ended the …
The Chief Conservator of Forests of Andhra Pradesh filed a writ petition challenging an order of the Commissioner of Survey, Settlement and Land Record concerning title to certain lands, without joining the State as a party. The same issue was pursued in a civil appeal after a suit by the pattedars …
The Supreme Court examined whether a licence could be granted to Nisar Khan for dealing in captive birds listed in Schedule IV of the Wildlife (Protection) Act, 1972 when hunting—including trapping—of those species is prohibited under Section 9. The High Court had directed the licensing authority to …
The Supreme Court examined the Bihar Sugar Undertakings (Acquisition) Act, 1985, which sought to acquire certain sugar mills and associated distilleries. Petitioners challenged the Act on the ground that it was beyond the State's legislative competence, overlapped with the central Sugar Undertaking …
The DLF Qutab Enclave Complex Educational Charitable Trust (the appellant) challenged State of Haryana's circulars that barred the transfer of community sites earmarked for schools and other amenities to third or fourth parties. The High Court had held such transfers illegal, but the Supreme Court …
The respondent Ram Phal sued for specific performance of a land sale agreement, while the appellants Banarsi et al. sued to cancel the agreement claiming it was a loan. The trial court denied specific performance, granting only a money decree and a conditional order for specific performance if the …
The appellant, Commissioner of Sales Tax, sought reassessment of sales tax for the years 1981‑82, 1982‑83 and 1983‑84 against M/s Subhash & Co., whose registration was cancelled in 1987. Notices for reassessment were issued to the address on the registration certificate and, when the assessee was …
Pamuru Vishnu Vinodh Reddy (the plaintiff) retired from the partnership firm Vijay Mahal Theatre on 5 April 1971 by selling his 25% share, but the other partners failed to pay the agreed consideration. After his death, his son filed a suit for dissolution and accounting of the partnership assets. …
The case arose from a land dispute in which the deceased and his relatives clashed with Gapoo Yadav and his sons over a tree. During a sudden quarrel the accused assaulted the deceased, causing several injuries, one of which was grievous and led to his death. The trial court convicted the accused …
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 …
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 …
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), …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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. …
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 …
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 …
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 …
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 …
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) …
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 …
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 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 …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
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, …
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 …
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 …
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, …
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 …
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 …
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, …
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 …
The case arose from a shooting incident in which the complainant Amar Singh and his family were injured and his son Lakha Singh died. The trial court convicted Balwinder Singh and three others under Sections 302, 34 and 307 IPC based largely on the testimony of three injured eye‑witnesses and …
The Collector of Customs imposed a penalty on M/s Elephant Oil and Industries Ltd. for importing beef tallow, which was deemed a canalised item under the Import Policy. The importer argued that the Open General Licence (OGL) permitted the import and that the penalty was unwarranted after the goods …
The Central Bureau of Investigation appealed against the acquittal of three accused who were charged under Section 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and Sections 302 and 120B of the Indian Penal Code for the kidnapping and murder of H.N. Wanchoo. The only evidence …
The appellant, a temporary employee of Zilla Parishad, Jalna, was suspended on 1 July 1987 for alleged defalcation and an inquiry was ordered. A government order dated 24 November 1987 permitted termination of a temporary servant within a year without notice, inquiry, or suspension, and the …
The appellant was convicted of murder (Sec. 302 IPC) and robbery (Sec. 394 IPC) on the basis of two circumstantial facts: he was the last person seen with the deceased Phullobai and silver ornaments allegedly stolen from her were recovered from his house. The Supreme Court held that the ornaments …
The landlord's father let three rooms to the tenant in 1970 for the business of selling copies and books. The tenant later began manufacturing copies, registers, and sweet‑meat boxes in 1976 and installed a printing machine in 1982 without obtaining the landlord's written consent. The landlord filed …
The Supreme Court dismissed three civil appeals filed by the Public Services Tribunal Bar Association challenging the constitutional validity of the Uttar Pradesh Public Services (Tribunal) Act, 1976 as amended by Act No. 5 of 2000. The Court held that the State Legislature had competence under …
Saurashtra Cement and Chemical Industries set up a new kiln in a new building on the same premises, using existing crushers, cranes, and other plant, and applied for exemption from electricity duty under the Bombay Electricity Duty Act, 1958. The statutory authority rejected the application, but the …
The workmen of Rourkela Steel Plant, represented by Rourkela Shramik Sangh, sought regularisation of their services through a writ petition, invoking the Supreme Court's earlier directions that disputes on identification of eligible workmen be referred to the Chief Labour Commissioner (CLC). The …
The appellants' lands were requisitioned and later acquired for a military cantonment under the Defence of India Act and the Requisitioning and Acquisition of Immovable Property Act, 1952. They entered into compensation agreements under the 1952 Act, but later sought higher compensation, solatium …
The respondent, a member of the Railway Protection Force, was charged under Rule 153 of the RPF Rules, 1987 for five counts of misconduct. An enquiry found all charges proved and the disciplinary authority removed him from service. The respondent challenged the removal in the appellate and …
The complainant, Sanjiva Bottling Company, entered into five‑year bottling agreements with Cadbury Schweppes Beverages India, which were later assigned to Atlantic Industries, a Coca‑Cola subsidiary. After Atlantic gave notice that the agreements would not be renewed, the complainant filed a …
The appeal concerned a landlord-tenant dispute under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The tenant failed to deposit the arrears of rent within the period prescribed under Section 13(4) of the Act and sought condonation of the delay under Section 5 of the Limitation …
The landlord filed an eviction suit against the tenants under the Bihar Buildings (Lease, Rent & Eviction) Control Act alleging default in rent payment. The trial court dismissed the suit, but the first appellate court reversed that decision and decreed eviction for default. The second appellate …
The State of Karnataka appealed the acquittal of Shariff, who was convicted by a Sessions Court for murdering his wife by setting her on fire. The High Court had set aside the conviction, discarding the victim's dying declarations and the testimony of an 8‑year‑old child witness. The Supreme Court …
The Supreme Court examined petitions filed by Supreet Batra and others seeking a third round of counselling for MBBS/BDS admissions under the 15% All‑India quota, arguing that several states had not completed the prescribed counselling within the dates fixed by the Court‑framed scheme, leading to …
The Rajasthan High Court had appointed a two‑Judge Committee, constituted by the Acting Chief Justice, to recommend merit criteria for promotion of Higher Judicial Service officers to the selection scale. The Full Court approved the Committee's recommendations and the Governor issued appointments, …
The appellants, two sisters who were shareholders of a company in liquidation, received agricultural land as part of the distribution of the company's assets. The Assessing Officer treated the market value of the land as a capital gain under Section 46(2) of the Income Tax Act, 1961, and levied tax. …
Certain goods vehicles insured by Oriental Insurance Company were involved in accidents that killed unauthorised or gratuitous passengers. Claims were filed under the Motor Vehicles Act, 1988 and the Motor Accident Claims Tribunal held the insurer liable for compensation. The High Court upheld that …
The Union of India appealed a High Court order that quashed the rejection of Chowgule & Co.'s claim for an additional export licence (Exim Scrip/REP) and directed payment of a 20% premium under Circular 11/93. Chowgule, a recognised trading house, had exported processed iron ore during April …
The Supreme Court considered a contempt petition filed by a landlord after the tenant, K.T. Rajendran, had been ordered by the Rent Controller to vacate a tenanted premises. Rajendran filed an undertaking to hand over the premises by 31 July 2000, but later informed the landlord that he had vacated …
The State of Karnataka prosecuted Mohamed Nazeer for killing a man after assaulting him with a knee to the private parts, causing instant death. Eye‑witnesses and a doctor testified that the accused threatened the victim, kicked him, and that death resulted from neurogenic shock due to testicular …
The claimant's son died in a motor vehicle accident and the Motor Accident Claims Tribunal awarded Rs. 3,50,000 as compensation. The insurer, National Insurance Co., filed writ petitions under Articles 226 and 227 of the Constitution challenging the award, but the High Court initially dismissed the …
The Supreme Court examined the conviction of Bhagwan Singh and two co‑accused for murder and related offences under the IPC and the Madhya Pradesh Dacoity Vihavaran Kshetra Act. The conviction was based primarily on the testimony of a six‑year‑old child eye‑witness and a judicial confession recorded …
The Ghaziabad Development Authority acquired about 6,200 sq. yards of land in 1964‑67. The original award fixed the market value at Rs 2 per sq. yard; claimants sought reference and claimed Rs 20 per sq. yard, later amended to Rs 100 per sq. yard under the CPC. The Reference Court awarded Rs 40 per …
Brij Mohan Gupta, a judge appointed directly from the Bar, was ordered to retire at age 58 by the Bombay High Court after an adverse committee report, despite his claim under Rule 10(3)(c) of the Maharashtra Civil Services (Pension) Rules, 1982 that he could serve until completing ten years of …
R.S. More was appointed as a police constable on probation for two years and six months starting 26 June 1992. His probation expired on 2 December 1994, but he continued in service and his probation was later extended by one year and three months on 14 March 1996. He was discharged on 12 November …
The appellants Rizan and Duda were convicted for assaulting Jhanguram (PW‑2) and his wife (PW‑4) under IPC sections 326 and 323. They appealed, claiming the acts were in private defence, that related witnesses should be disbelieved, that the conviction was unsafe because four co‑accused were …
The Comptroller and Auditor General (CAG) issued an advertisement inviting applications from Chartered Accountant firms for empanelment to audit government companies, restricting eligibility to partnership firms except in certain states where proprietary firms could apply. K.V. Mehta, a sole …
Modi Entertainment Network and another filed a suit in the Bombay High Court for damages arising from a contract granting exclusive telecast rights for the ICC Knockout Tournament. The contract contained a clause that disputes would be governed by English law and submitted to the non‑exclusive …
The respondent, a temporary Assistant Central Intelligence Officer-II in the Intelligence Bureau, was terminated on grounds of negligence and dereliction of duty. He challenged the termination before the Central Administrative Tribunal (CAT), which set aside the order and declared him to be in …
Justice S.K. Ray, a former Chief Justice of the Orissa High Court, was appointed Lokpal under the Orissa Lokpal and Lokayukta Act, 1970 for a five‑year term. The Act was repealed by the Orissa Lokpal and Lokayukta (Repeal) Ordinance, 1992 (later replaced by the 1995 Act), causing him to cease office …
The petitioner, an under‑trial prisoner for theft and robbery, was detained under Section 3 of the Tamil Nadu Prevention of Dangerous Activities Act, 1982 on the ground that he had pelted stones at the public while committing a robbery, allegedly creating alarm and threatening public order. He …
The appellants, senior officials of Tata Construction & Projects Ltd, were sued criminally by Singh Construction Co. for allegedly misappropriating payment received from Bokaro Steel Plant for contract work. The complaint invoked IPC sections 403, 406, 420 and 1208, alleging dishonest conversion of …
The Supreme Court examined the constitutional validity of the Consumer Protection Act, 1986, particularly the Parliament's power to create a three‑tier consumer dispute redressal system parallel to the regular courts. The petitioners argued that Parliament lacked competence to establish such …
Maliyakkal Abdul Azeez was convicted under Section 135(1) of the Customs Act for smuggling gold and sentenced to three years' rigorous imprisonment, later reduced to two years. He had earlier been detained for two years under the Conservation of Foreign Exchange and Prevention of Smuggling …
The respondent, a Manager (Grade‑I) of State Bank of India, was dismissed after disciplinary proceedings where the enquiry officer found some charges proved, some partly proved and some not proved. The disciplinary authority accepted the proved and not‑proved findings but treated the partly‑proved …
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, …
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 …
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 …
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 …
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 …
The case involved five financial transactions between Maruti Udyog Ltd (MUL), a government company, and Harshad S. Mehta (A5), a broker, routed through banks. The CBI alleged that the accused conspired to divert MUL's surplus funds to A5 through fraudulent transactions. The Special Court convicted …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
The Supreme Court upheld the conviction of Sucha Singh and five co‑accused for murder under Section 302 read with Section 34 IPC and for abetment of suicide under Section 201 IPC. The Court examined whether the relationship of prosecution witnesses to the deceased affected their credibility, and …
The petitioners, Ms. Neelu Arora and others, sought a third round of counselling for MBBS/BDS seats under the 15% All‑India quota, arguing that many seats remained vacant after the first two rounds and that candidates might vacate allotted seats for preferred state‑quota seats. The respondents, …
