Judgments of 2004

The State of Andhra Pradesh appealed a High Court order that quashed criminal proceedings and ordered the release of a seized tanker carrying molasses, which had been detained under the Andhra Pradesh Excise Act, 1968 and Prohibition Act, 1995 on suspicion of being used for illicit spirit manufacture. The High Court ha…

The appellant, Valliammal (by LRs), sought a declaration that he was the true owner of a 10.37‑acre plot purchased in his wife Ramayee Ammal's name, alleging the transaction was benami to shield the property from creditors of his late brother. The trial court and the first appellate court held the sale was benami, but …

The appellant Yakub Ismailbhai Patel was convicted under Section 302 read with Section 34 of the IPC for the murder of Nizamuddin. The prosecution relied primarily on the testimony of a single eye‑witness (PW‑2) who identified the accused, supported by a second witness (PW‑1), forensic evidence of a blood‑stained weapo…

The respondents were granted occupancy tenancy over temple land under Section 45 of the Karnataka Land Reforms Act, 1961 by a Land Tribunal order dated 3 July 1979. In 1985 the appellants filed an application under Section 5(2)(i) of the Karnataka Certain Inams Abolition Act, 1977 seeking occupancy rights over the same…

The appellants, members of a Scheduled Tribe, claimed that land in a scheduled area of Orissa had been forcibly occupied by non‑tribal respondents. The Competent Authority ordered restoration of possession to the appellants, but the trial court dismissed the petition on the ground that the respondents' possession for o…

The case concerned the Bihar Forest Service where 50% of Assistant Conservator of Forest (ACF) posts were to be filled by promotion and 50% by direct recruitment. The appellants were appointed as ACFs by direct recruitment on 14 December 1987, while promotees were appointed on 6 October 1987 and 23 November 1987 despit…

The Additional District Magistrate (ADM) of Dakshina Kannada issued an order under Section 144 of the Criminal Procedure Code restraining Dr. P.B. Thogadia from entering the district for 15 days, fearing his inflammatory speeches would reignite communal tensions. Dr. Thogadia challenged the order, arguing the ADM lacke…

The State of Andhra Pradesh appealed the acquittal of two public servants who were members of a tender opening committee and were alleged to have demanded and accepted Rs 5,000 each as gratification for clearing a tender file. The complainant lodged a police complaint and was caught in a trap; the money was recovered. …

The petitioners, representing employees of British India Corporation Ltd. and its two units—sick public sector undertakings registered with the BIFR—sought the application of the revised IDA pay scales under the Government Order of 19 July 1995, which had been denied by the Central Government. They relied on an earlier…

The Supreme Court examined the scheme for High Security Registration Plates introduced under Rule 50 of the Motor Vehicle Rules, 1989 and the 2001 statutory order issued under Section 109(3) of the Motor Vehicles Act, 1988. Petitioners challenged the tender conditions – requiring foreign experience, a minimum turnover …

The accused Kishan was convicted of murder under Section 304 Part‑II of the IPC and sentenced to seven years’ rigorous imprisonment. He appealed to the Allahabad High Court, seeking a lenient sentence on the ground that the offence occurred in 1988, and the High Court reduced his term to the period already served, orde…

The State acquired about 21 hectares of land owned by Indian Standard Metal Co. Ltd. (the claimant) under a notification issued on 3 February 1970 pursuant to Section 4 of the Land Acquisition Act, 1894. The claimant had earlier purchased part of the land in 1964‑65 and received a portion of the land from the Governmen…

The petitioner T.P. Moideen Koya challenged a detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, claiming it was illegal because he was already in custody and the order failed to consider that fact. The same issue had been raised earlier in a habeas corpu…

The appellant, K. Rudrappa, sought to be recognized as the legal representative of his deceased father, who had an appeal pending for a land grant under the Karnataka Village Offices Abolition Act, 1961. Unaware of the appeal, the appellant learned of it only after receiving a letter from his father's advocate and prom…

The villagers of Kanardipura filed a suit in representative capacity under Order I Rule 8 of the CPC seeking declaration of title, permanent injunction and possession of land they claimed was grazing (Charnoi) land, not a grove. The Board of Revenue had earlier settled the land as a grove in favour of Kalu Singh’s heir…

The wife and children of the deceased Essanullah sued for possession of seven rooms in a property they claimed was self‑acquired by Essanullah. Defendants 1‑4 asserted they were tenants‑in‑common and claimed title by adverse possession, each occupying a distinct room. During the suit, Defendant 4 died and the plaintiff…

The respondent, then Secretary of Visakhapatnam Port Trust, was alleged to have demanded and received a bribe to clear a tender file in favour of a company. The complainant reported the demand to the CBI, which laid a trap; the respondent was caught exiting a hotel room with marked currency. The trial court convicted h…

The Supreme Court examined appeals by six accused, including Anil Sharma, convicted of murder and other offences under Sections 302, 307, 147, 148, 149, 326 and 452 read with Section 34 of the IPC. The appellants challenged the refusal to allow a fresh examination of a key eyewitness (PW‑6) and contended that Section 3…

The case arose from a violent incident on 12 January 2000 in which a group of accused intercepted a bus, entered it armed with firearms and indiscriminately shot eight passengers, later chasing two survivors to a house where they were also killed. The trial court convicted five of the accused under Section 302 read wit…

The appellants, private stage‑carriage operators, challenged a Delhi Government notification dated 31‑12‑1999 issued under Section 67 of the Motor Vehicles Act, 1988, which (i) raised the fees for using DTC bus shelters and terminals and (ii) made all DTC concessional passes binding on private operators. The Supreme Co…

The Kerala State Co‑operative Marketing Federation (appellant) received a cheque for Rs 1,00,000 which was stolen, altered and used to open a fictitious account with State Bank of India (respondent No.1). The fraudster deposited the cheque, withdrew Rs 50,000 and then disappeared. The bank claimed protection under Sect…

The appellant and respondent were selected by the Andhra Pradesh Service Commission for the post of Road Transport Officer in 1987. The appointment order gave 60 days to join, but the appellant, then employed by the Central Government, obtained a 20‑day extension from the State Government and joined within the extended…

J.T.C. Ltd., a company that purchases dead prawns, processes and exports them, was served a notice under the Andhra Pradesh (Agricultural Produce & Livestock) Markets Act, 1966 demanding market fees for prawns classified as livestock. The company challenged the fee, arguing that prawns, especially dead ones, are not li…

The appellant, having purchased a property bequeathed to a widow with a life interest, filed a title suit for eviction against M/s Nanee Printers, alleging that their 11‑year agreement dated 5 July 1976 was a revocable licence. The trial court held it a licence and dismissed the suit; the first appellate court reversed…

The Ramakrishna Vivekananda Mission runs a school affiliated to the West Bengal Board of Secondary Education. Two teachers were terminated for refusing hostel duties, appealed under the Board's regulations, and later withdrew their appeals. The Mission sought, under Article 26, the framing and approval of Special Rules…

The Uttar Pradesh State Road Transport Corporation (UPSRTC) prepared a draft scheme on 13‑Feb‑1986 to nationalise 39 bus routes under Section 68‑C of the Motor Vehicles Act, 1939. After objections were filed, the Motor Vehicles Act, 1988 came into force and the competent authority declared the scheme to have lapsed und…

The Supreme Court examined whether, at the stage of framing of charge under Sections 227, 228, 239 and 240 of the Code of Criminal Procedure, a trial court may consider material produced by the accused and whether the accused can invoke Section 91 to summon documents. The Court held that the Code grants no right to the…

Bal Thackrey was convicted by the Bombay High Court (Nagpur Bench) for criminal contempt under Section 15 of the Contempt of Courts Act, 1971, based on two petitions filed by respondents alleging that his public speech scandalised the court. The petitions were filed without obtaining the mandatory written consent of th…

M/s Mahalchand M. Mothari filed two suits in 1982 seeking damages for non‑supply of sugar that it had ordered from the statutory receiver managing Maheshwari Khetan Sugar Mill. The receiver, appointed by the Collector under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, entered into the contracts in …

The State of Madhya Pradesh appealed a High Court acquittal of three accused who were convicted by the trial court for murder and related offences under Sections 302, 149, 148 and 147 of the IPC. The High Court had set aside the conviction on the ground that medical evidence suggested the weapon (gupti) was not sharp e…

The State of Rajasthan appealed against the Rajasthan High Court’s acquittal of Teg Bahadur and others, who were charged under Sections 498A, 304B and 201 IPC for the death of Suman within seven years of marriage. The prosecution alleged dowry demand and harassment leading to her death, but many witnesses turned hostil…

Arun Garg was convicted for the dowry death of his wife Seema, who died within three years of marriage after alleged repeated dowry demands and harassment, culminating in her poisoning with aluminium phosphide. The trial court sentenced him to ten years' rigorous imprisonment and a fine of Rs.2,000; the High Court conf…

Associated Cement Companies Ltd., a cement manufacturer, was granted sales‑tax exemption on incremental production under Bihar's 1995 Industrial Policy (effective 1‑Apr‑1998 to 31‑Mar‑2007). The company had been adjusting entry tax paid under the Bihar Entry of Goods into Local Areas Act, 1993, against its sales‑tax li…

The appellant, Buddappa Kolkar, was charged with murder (S.302 IPC) after he struck the deceased, Hanamant Basappa, on the head with an axe during a quarrel over a bullock‑cart passage. The trial court acquitted him, but the Karnataka High Court convicted him of murder. On appeal, the Supreme Court examined whether the…

In 1990 the Uttar Pradesh Public Service Commission conducted a combined State Services/Upper Subordinate Services examination for 358 posts, of which 57 were reserved for Backward Classes. The Commission allocated reserved‑category candidates to posts without giving due consideration to their inter‑se merit, resulting…

The appellant, Maulavi Hussein Haji Abraham Umari, was arrested in connection with a train attack and initially placed in police custody. An application under Section 49(2) of the Prevention of Terrorism Act, 2002 (POTA) was filed to extend his police remand beyond the statutory 30‑day limit, and the Special Court appr…

M/s Rollatainers Ltd owned two distinct factories – a Paper Board Factory in Shed No.1 and a Specialty Paper Factory in Shed No.3 – each with its own plant, staff, management and premises‑specific registration under Rule 174(3) of the Central Excise Rules. Both factories claimed the nil‑rate exemption under Notificatio…

The police, including a Superintendent of Police, stopped a tanker on a public highway and searched it, discovering 73 gunny bags of poppy husk. The accused were convicted under Section 15 of the NDPS Act, but the High Court acquitted them, holding that Sections 42 and 50 of the NDPS Act were not complied with. On appe…

The State of West Bengal filed a criminal appeal against S.K. Bormal and others, who were charged under the Prevention of Corruption Act, 1947 for offences alleged to have been committed in August 1988. The 1947 Act was repealed on 9 September 1988 by the Prevention of Corruption Act, 1988, and the case was transferred…

The case involved eight accused who formed an unlawful assembly and attacked the deceased Qasim, resulting in his death. The trial court convicted the accused under Section 302 read with Section 149 IPC, but later the High Court altered the conviction to Section 304 Part I read with Section 149 and sentenced them to te…

The dispute involved two clans from neighboring villages in Nagaland over access to a water source and the ownership of the land on which it lay. The village Dobhasis Court initially held the land belonged to the appellants, but the respondents appealed and the Additional Deputy Commissioner later declared the responde…

The State of Madhya Pradesh seized stocks of kattha and cutch from S.P. Sales Agencies for moving them without a transit pass under the Madhya Pradesh Transit (Forest Produce) Rules, 1961, and initiated confiscation proceedings under Section 52 of the Indian Forest Act, 1927. The High Court quashed the seizure, holding…

The petitioner, Smt. Shail, was a victim of offences under Sections 376 and 328 of the IPC by the respondent, Manoj Kumar, who later married her to avoid conviction but subsequently deserted her. She filed a maintenance application under Section 125 of the CrPC before the Family Court, which was delayed; the High Court…

The case concerns a police convoy ambushed by a land‑mine blast and subsequent gunfire, killing 22 people. Four members of Veerappan's gang (Simon, Gnana Prakash, Madhiah and Bilavendra) were convicted under the Terrorist and Disruptive Activities (Prevention) Act, IPC, the Explosive Substances Act and the Arms Act and…

Eleven accused were tried for the death of Ramdin and injuries to three witnesses arising from a sudden quarrel over a bullock‑cart fare. The trial court convicted ten of them under Section 323 read with Section 34 IPC, holding that the prosecution could not link specific injuries to specific accused, and acquitted one…

The appellant, Lacchman Singh, was declared by the Collector under the Himachal Pradesh Ceiling on Land Holdings Act, 1972 to have a surplus of 108.3 bighas. He did not object to the draft statement and the order was confirmed on 14 July 1975. After being detained under MISA, he challenged the order in a writ petition …

After a mutual consent divorce under the Hindu Marriage Act, 1955, the mother remarried a famous cricketer and sought exclusive custody of their 9‑year‑old daughter. The Family Court awarded custody to the father, but the Karnataka High Court reversed that decision, granting the mother exclusive custody with visitation…

The appellant, Gangadhar Janardan Mhatre, filed a writ petition under Article 226 seeking transfer of the investigation of a FIR in which his brother was allegedly killed. The High Court dismissed the petition, holding that the case was already before the Sessions Court and that the writ was not the appropriate remedy.…

The appellants, doctors Hardeep Singh Sohal and Surinder Singh Sandhu, were convicted for the murder of Dr. Megh Raj Goel based largely on a confession recorded from the alleged conspirator Balwinder Singh under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) and extra‑judicial confessions…

The Supreme Court examined writ petitions filed by employees and shop tenants of the Shri Mata Vaishno Devi Shrine Board, which the Jammu & Kashmir High Court had dismissed on the ground that the Board was not a "State" within Article 12 and therefore not amenable to writ jurisdiction. The Court held that the earlier d…

The Rajasthan government introduced a Sales Tax Exemption Scheme for industries under its Fourth Industrial Policy, classifying cement units under different categories. Two sick cement manufacturers applied for exemption claiming parity with new units, but while their applications were pending the government issued a c…

The State of Punjab appealed against a High Court order that quashed charges framed under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 against the directors of Mis. Sangrur Vanaspati Mills Ltd., leaving only the production manager to stand trial for adulterating vegetable oil. The Supreme Court examined w…

Talcher Municipality constructed a market under the Orissa Municipal Act. The Talcher Regulated Market Committee, invoking Section 4(4) of the Orissa Agricultural Produce Markets Act, 1956, requisitioned the transfer of the market to itself. The municipality failed to comply, leading to a writ petition in the Orissa Hi…

Jayamma, the holder of a Will dated 20 February 1984 executed by the deceased tenant‑occupier Anthony Rebello, applied under Section 276 of the Indian Succession Act for letters of administration. The wife and children of the deceased contested the Will, alleging it was invalid. The trial court held the Will valid, but…

The plaintiff, P. D'Souza, sued Shondrilo Naidu for specific performance of a sale agreement in which the parties were to exchange a building for a fixed price by 5‑Dec‑1978. The defendant had mortgaged the property, failed to produce original title documents and did not redeem the mortgage, thereby preventing executio…

The State of Uttar Pradesh prosecuted several accused for the murder of members of two families. The sole surviving witness, Harbhajan Kaur (PW‑4), gave a statement that was recorded as a dying declaration, although she later survived. The trial court convicted five accused based on her statement and other evidence, bu…

An Assistant Engineer died in a bus accident; his wife claimed compensation from New India Assurance, the insurer of the vehicle. The Tribunal awarded Rs 6,25,000 with a 43‑multiplier and 12% interest, relying on a carbon copy of the policy produced by the bank manager. The High Court upheld the award but reduced inter…

Fourteen properties requisitioned by the Union of India were later notified for acquisition under Sections 4 and 17(1)&(4) of the Land Acquisition Act, 1894. The High Court had quashed the notification on the ground that there was no urgency and that the owners' right to object under Section 5A was denied. On appeal, t…

The appellant filed two contempt petitions in the Calcutta High Court challenging a suo motu contempt notice and a judgment that criticized his claim of being a legal researcher. The High Court convicted him of contempt for the scandalising allegations in those petitions and sentenced him to six months' imprisonment wi…

Mis. Kusum Ingots and Alloys Ltd., a Mumbai‑registered company, obtained a loan from the Bhopal branch of State Bank of India and was served a repayment notice under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The company challenged the constitutional validi…

The Municipal Corporation, Ludhiana notified a Town Planning Scheme under Section 192(2) of the Punjab Municipal Act, 1911, which incorporated land belonging to the deceased Rajinder Kaur. She objected, and the scheme was modified to reserve 25% of the area, including 3.16 kanals, as open space for a public park. After…

Mehsana District Central Cooperative Bank Ltd., a cooperative bank registered under the Gujarat Co‑operative Societies Act, 1961, invested in a mutual fund without obtaining the State Government's permission required under Section 71 of that Act. The State of Gujarat sought a writ of mandamus directing authorities to i…

K.C. Builders, a partnership engaged in construction, filed original income tax returns for AY 1983-84 to 1986-87 and later revised them based on an approved valuer's report. The Assessing Officer treated the difference as concealed income and levied penalties under Section 271(1)(c) and initiated prosecution under Sec…

The State of Kerala appealed a Kerala High Court order that quashed charges under Sections 3(i) and 3(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the ground that the victim’s family had converted to Christianity two centuries earlier and therefore ceased to be members of a …

Asea Brown Boveri Ltd. entered into a lease‑finance agreement with Fairgrowth Financial Services Ltd. for 56 cars, paying all rentals, security deposit and a terminal fee, after which ownership was to vest in the lessee. Fairgrowth was later notified as a party to illegal transactions under Section 3(2) of the Special …

In the 2002 Punjab Assembly election, Sukh Darshan Singh was declared elected over Sardar Harcharan Singh Brar by a narrow margin. Brar filed an election petition under the Representation of the People Act, 1951 alleging that a rival's nomination was improperly accepted and that Singh had committed the corrupt practice…

The petitioner, elected to the Bihar Legislative Council on an Indian National Congress ticket, contested a Lok Sabha election as an independent (and in a second petition as a Samajwadi Party candidate). The Chairman of the Council disqualified him under paragraph 2(1)(a) of the Tenth Schedule, holding that he had volu…

The appellant, a kirana shopkeeper in Madhya Pradesh, was prosecuted under Sections 7(1) and 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 for allegedly selling adulterated besan that contained kesari dal. The trial court acquitted him, holding that the ash content was within permissible limits and the m…

The Supreme Court examined the constitutionality of the Haryana Civil Services (Executive Branch) and Allied Services and Other Services Common/Combined Examination Act, 2002, which retrospectively repealed earlier government circulars and limited appointments to the number of posts advertised. The petitioners, who had…

The respondents, employed as daily‑wage engineers under a government scheme, were terminated in 1996 and filed writ petitions seeking regularisation, a direction not to discontinue their services and arrears of salary. The Karnataka High Court dismissed the writ petitions, finding that their services had been terminate…

The employee, Hans Raj, had received a full and final settlement from Sangham Tape Company but later filed a reference petition before the Labour Court seeking reinstatement and back wages. The Labour Court passed an ex‑parte award on 5 February 1996. The employer applied to set aside the award, but the application was…

Jagir Singh, a driver with Punjab Roadways, was absent without leave for about three months in 1979. The State sent a registered notice and published a newspaper notice urging him to report, but he failed to do so, leading to termination of his services on 3 August 1979. The workman sought reinstatement and back wages,…

The Allahabad High Court staff—including Section Officers, Private Secretaries, Bench Secretaries and Assistant Registrars—filed writ petitions seeking higher pay scales on parity with their counterparts in the Delhi High Court. The Chief Justice of the Allahabad High Court merely forwarded their representation to the …

The Haryana Urban Development Authority (HUDA) allotted a plot to Soma Devi, who paid a substantial sum but was not given possession due to litigation. She filed a consumer complaint seeking a refund; the District Forum ordered a refund with 18% interest, which was upheld by the National Consumer Disputes Redressal Com…

The Supreme Court heard appeals by the Chandigarh Administration challenging several directions issued by the Punjab and Haryana High Court in a public‑interest litigation concerning air and noise pollution, traffic congestion and road safety. The High Court had treated the recommendations of a High‑Powered Committee a…

The appellant, S. Bedi, leased a specifically described portion of his industrial property to the respondent, Chopra Electricals, for 11 months under a licence deed that excluded a second, green‑coloured portion which was scored off. The respondent later occupied that green portion and claimed it formed part of the ten…

The landlord G.V. Srinivasa Murthy leased a non‑residential premises to Mahendra Saree Emporium, originally a sole proprietorship, which later converted into a partnership with the tenant's relatives. The landlord claimed unlawful sub‑letting under Section 21(1)(t) of the Karnataka Rent Control Act, 1961 and obtained a…

The landlord sought eviction of a tenant and his sub‑tenants under Section 21(1)(f) of the Karnataka Rent Control Act, 1961, alleging illegal sub‑letting without consent. The District Judge upheld the illegal sub‑letting and ordered eviction, but the High Court, relying on A.S. Sulochana's case, refused eviction on the…

Nagegowda sued claiming he was the adopted son of widow Smt. Sannananjamma and that an adoption‑cum‑settlement deed gave him absolute ownership of a suit property, also seeking to declare a later gift deed by the widow void. The trial court dismissed the suit for lack of proof of adoption and because the deed was unsta…

The State of Andhra Pradesh filed FIRs under the Andhra Pradesh Excise Act, 1968 and the Prohibition Act, 1995 alleging that the accused had transported or stored black jaggery/molasses for the manufacture of illicit liquor. The accused obtained quashing of the FIRs from the Andhra Pradesh High Court under Section 482 …

The Bar Council of India filed a writ petition under Article 32 challenging Rule 11 of the Kerala High Court Rules, which bars an advocate found guilty of contempt from appearing, acting or pleading in any court until he purges the contempt. The Council argued that the rule violated Articles 14 and 19(1)(g) of the Cons…

The Delhi High Court, on a public‑interest writ filed by a parents' federation, held that several unaided recognised schools in Delhi were commercialising education by charging excessive fees and transferring surplus funds to their managing societies. The schools appealed to the Supreme Court, challenging the Director …

The Bombay High Court quashed the detention of a prisoner under the National Security Act after finding that the jail officials had allowed unauthorised visitors to meet the inmate, facilitating conspiracies to commit murders. The High Court directed criminal prosecution of three jail superintendents under IPC sections…

Manudevarya, a Research Assistant with the Central Council for Research in Homeopathy, received a non‑practicing allowance (NPA) of Rs.75 while doctors and physicians in the same institution received Rs.150. The Government issued a policy in 1991 enhancing NPA for doctors and physicians in pay scales Rs.2000‑3500 and a…

The dispute concerned a four‑room property in Jammu that was sold by Issar Dass to Ved Paul Gupta, who later sold it to Shashi Kant and then to Raj Kumar, the tenant. Devi Dass (respondent No. 1) filed a pre‑emption suit in 1978 under the J&K Rights of Prior Purchase Act, 1936, claiming a right based on the property’s …

In a Zila Panchayat election in Uttaranchal, three candidates received six, five and one first‑preference votes. After eliminating the lowest‑vote candidate, the remaining two each had six votes, and no one met the quota required under the Hare‑Clarke system. The Returning Officer declared the post vacant, a decision u…

The Union of India invited tenders for six bridges and incorporated an arbitration clause. The contractor D.D. Sharma submitted a tender with conditional offers of rebates subject to the award of a 10% interest‑free advance and timely allotment of the work. The Union failed to hand over the site on time, leading the co…

The Supreme Court examined whether the 23 November 1989 judgment, which granted title and possession of 64 bighas of land to respondents Vinod Kumar and others, constituted a decree that made them tenure‑holders under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. The State of U.P. and Meerut Devel…

The Supreme Court examined whether administrative charges collected by a sugar factory under the Uttar Pradesh Sheera Niyantran Adhiniyam, 1964 are "other taxes" under section 4(4)(d)(ii) of the Central Excise Act, 1944 and therefore excluded from the assessable value of molasses. The Court held that the statutory pric…

The appellant purchased a new diesel car from Premier Automobiles Ltd. through its dealer, but upon delivery the vehicle had paint defects and faulty piston rings. Despite repeated repairs, the defects persisted, leading the appellant to file a complaint before the District Consumer Dispute Redressal Forum seeking repl…

The appellants, Smt. Krishna Kanwar and co‑accused, were seized with heroin after a police interception and were convicted under Sections 8 and 21 of the NDPS Act. They challenged the conviction on the ground that the prosecution had breached procedural requirements of Sections 42, 50 and 57 of the NDPS Act, alleging l…

M.R.F. Ltd., a manufacturer of vulcanising solution, was initially classified under sub‑heading 4006.90 (15% duty) which was approved by the Revenue Department. The Assistant Collector later directed re‑classification under sub‑heading 4005.00 (40% duty) and demanded payment of differential duty for the period 1‑Mar‑86…

The Food Corporation of India (FCI) advanced Rs 2 crore to the Assam State Co‑operative Marketing and Consumers Federation Ltd (the Federation) for procurement of paddy, but the price fixed later showed that only Rs 1.60 crore was due, leaving an excess of Rs 39,36,810. FCI sued the Federation for recovery, but the tri…

The accused were stopped while transporting 18 gunny bags of poppy husk on a bullock‑cart and were charged under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court convicted them, but the Punjab and Haryana High Court acquitted on the ground that the mandatory requirements of Sectio…

The Supreme Court examined a petition filed by a group of minority shareholders, including a family trust, under Sections 397 and 398 of the Companies Act alleging oppression and mismanagement by Gwalior Sugar Co. The Court had to decide whether the petitioners satisfied the 10% shareholding requirement, whether a co‑t…

The respondent, Tapan Kumar Biswas, owned a truck whose fitness certificate was cancelled after a severe accident in January 1991. He filed an off‑road intimation for the period 1991 but failed to submit any intimation for 1992‑1995. The Taxing Officer demanded motor‑vehicle tax for those years, which the respondent co…

The State of Haryana appealed against the Punjab and Haryana High Court's order granting bail and suspending the life sentence of Hasmat, who had been convicted of murder (IPC s.302 r/w s.149) and related offences. Hasmat had applied under CrPC s.389 for suspension of sentence pending appeal, and the High Court relied …

In an election petition, the appellant sought to recall witness PW‑31 Surinder Pal Singh to confront him with a judgment from another case. The application was filed under Order XVI Rule 3 of the Code of Civil Procedure, 1908, which deals with tender of expenses to witnesses, and was rejected by the Punjab and Haryana …

The assessee, a firm owning rubber estates in Malaysia, earned business income and short‑term capital gains from the Malaysian property. The Income Tax Officer in India taxed both incomes, but the Commissioner of Income Tax (Appeals) held, relying on Article VII(1) of the India‑Malaysia Double Taxation Avoidance Agreem…

The case arose when a flour mill owned by the writ petitioners was found to be stealing electricity, leading to an FIR and trial under the Indian Electricity Act, 1910. While the trial was pending before a Metropolitan Magistrate, Andhra Pradesh amended the Act (2000) to create Special Tribunals and Courts, increase pu…

The Supreme Court considered an appeal challenging the constitutional validity of Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules, which the Calcutta High Court had declared ultra vires. The Court noted that the issue also raised questions about the operation of the West Bengal (Classificati…

The petitioners challenged Clause 4(x) of the Motor Vehicles (New High Security Vehicle Registration Plates) Order, 2001 and the eligibility conditions in various State NITs, alleging that they created a monopoly in favour of a single private manufacturer, violating Article 19(1)(g) of the Constitution. The petitioners…

The respondent, a former commercial superintendent of the Delhi Vidyut Board, was convicted under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 for demanding and accepting a bribe of Rs.1,500. The trial court sentenced him to 20 months and 40 months of rigorous imprisonment respectively, with fines, an…

The Commissioner of Central Excise appealed against orders of the Custom, Excise and Gold (Control) Appellate Tribunal (CEGAT) which had held that advertising expenses recovered from dealers could not be added to the assessable value of processed fabrics and beverage bases. The Supreme Court examined whether such sales…

The dispute concerned applications by several industrial units for coal allotment and linkages. The Coal Controller, under Clause 12A of the Colliery Control Order, 1945, allotted more than 5,000 tonnes of coal and granted linkages, contrary to a Central Government circular that limited linkages to 5,000 tonnes per mon…

M.M. Khashim, promoted to Deputy Superintendent of Police (Category‑2) in Andhra Pradesh, was placed on probation and passed the required departmental test in 1986. An order dated 6 Oct 1989, issued by the State Government, declared that he had satisfactorily completed his probation as of 27 Jan 1987 and relaxed Rule 7…

The wife of a missing insured, Anuradha, claimed the death benefit under a life insurance policy after her husband disappeared and remained unheard of for more than seven years, invoking Section 108 of the Evidence Act. The insurer, LIC, rejected the claim on the ground that the policy had lapsed due to non‑payment of …

The appellant, Sajan Abraham, was found in possession of 25 ampoules of the psychotropic drug Buprenorphine Hydrochloride (Tidigesic) and three syringes, and was charged under Section 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The trial court acquitted him, but the Kerala High Court set asid…

The deceased Bhavani and her infant daughter set themselves on fire and died. The prosecution alleged that the husband, Lella Srinivas Rao, and his mother had subjected Bhavani to cruelty and harassment, driving her to suicide, and charged them under IPC sections 498‑A and 306. Two dying declarations were recorded: the…

The appellant, a Scheduled Caste MLA, lodged a complaint before the Special Judge (constituted under the SC/ST (Prevention of Atrocities) Act) alleging that the Chief Minister made public derogatory remarks that encouraged untouchability. The Special Judge found an offence under Section 3(1)(x) of the 1989 Act and Sect…

Hans Raj was convicted under Section 306 IPC for abetting the suicide of his wife, Jeeto Rani, and also under Section 498A IPC for cruelty. The prosecution’s case relied on the presumption in Section 113-A of the Evidence Act, asserting that the wife’s suicide within seven years of marriage and alleged cruelty implied …

Sikkim Banking Limited (SBL) applied for a banking licence under the Banking Regulation Act, 1987 but the RBI neither granted a licence nor prohibited it from operating, later allowing SBL to open a Delhi branch. Depositors placed funds in that branch, after which SBL suffered massive losses and funds were siphoned off…

Secur Industries Ltd filed a claim petition under Section 6 of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, referring the dispute to the Uttar Pradesh Industry Facilitation Council. The respondent filed a suit in a civil court seeking a declaration that the petition w…

The respondents, manufacturers of steel sheets, generate zinc dross and flux skimming as waste during the galvanisation process. The Revenue treated these residues as marketable commodities, issuing show‑cause notices for excise duty and penalty. The assessees argued that the residues are merely refuse, not goods withi…

The Bareilly Development Authority (BDA) ran a self‑financing housing scheme in which the brochure stated only an estimated cost of flats, with final costing to be determined later. After construction was altered from four storeys to two, the BDA raised the price of the flats based on actual increased area, land cost a…

The tenants (appellants) were ordered by the Rent Control Court to vacate premises for default in rent payment. They appealed under Section 20 of the Tripura Buildings (Lease and Rent Control) Act, 1975, but had not deposited the arrears of rent required by Section 13(1). The lower courts held the appeal inadmissible, …

Bharati Vidyapeeth, a society declared a deemed university under the UGC Act, had admitted students to its medical, engineering and dental colleges through the State's Common Entrance Test (CET) until 1995‑96. After obtaining deemed‑university status, it sought to conduct its own All‑India entrance test and challenged …

The case concerned a complaint filed by a Dubai‑based bank (Respondent No. 2) in the Special Judicial Magistrate Court, Ghaziabad, alleging that the petitioner, Om Hemrajani, had defrauded the bank by obtaining loans in the United Arab Emirates and then fleeing the country. The magistrate took cognizance of the offence…

The case concerned 5 bighas of land donated by a Fauzdar to his ancestor for the construction of a temple. The land was held to be an absolute private gift, not an endowment, and the temple was deemed a private temple. After a long series of suits, appeals and a Supreme Court judgment confirming these findings, the Sta…

Four accused (A‑1 to A‑4) were convicted under IPC sections 326/34 and 325/34 for causing grievous hurt. The trial court sentenced A‑1, A‑2 and A‑3 to one year imprisonment and a fine of Rs.500; A‑4, being a minor, received one month imprisonment and a fine of Rs.500. The Bombay High Court reduced the sentences of A‑3 …

The appellants challenged a notification under Section 4 of the Land Acquisition Act, 1894 issued for acquiring their agricultural land, and the subsequent cancellation of that notification by a Sub‑Divisional Officer (SDO) under Section 5A. The SDO’s order was set aside by the Additional Commissioner, who also issued …

Escorts Ltd. challenged a demand under Section 4(1) of the Central Excise and Salt Act, 1944, based on Rule 6(b) of the Central Excise Valuation Rules, 1975, after a show‑cause notice alleging contravention of the Excise Rules. The tribunal, relying on Ashok Leyland Ltd. v. Collector of Central Excise, held that becaus…

The appellant and her husband held a joint fixed deposit with an "either or survivor" clause. The husband allegedly pledged the deposit as security for a loan taken by his proprietary firm, and the bank adjusted the deposit against that loan without the wife’s consent. The wife filed a complaint under the Consumer Prot…

The State alleged that the accused, Sanjay, set fire to his fiancée Veena by pouring petrol from a can on her while riding a scooter, leading to her death. The prosecution's case relied heavily on two dying declarations recorded at the hospital, statements of the victim's parents, and the testimony of a tea‑stall vendo…

The appellant, R.N. Gajre, occupied agricultural land after acquiring it through a chain of agreements of sale, the first between the original owner (Narayan Bapuji Dhotra) and Pishorrilal Punjabi, and the second between Pishorrilal and the appellant. The respondent, legal representatives of the original owner, sued fo…

Swedish Match AB and its associated companies acquired a 74% shareholding in Wimco Ltd., a listed Indian company, by purchasing shares from Indian promoters at a price well above market value. The acquisition was done without making a public announcement as required under Regulation 10/11 of the Substantial Acquisition…

The appellants Bathusingh, Nar Singh, Bhal Singh and others were charged with the murder of Dhan Singh and Bhuru, based on the testimony of three eye‑witnesses and corroborating medical evidence showing multiple stab wounds and fractures. The accused pleaded self‑defence, alleging that their crops were set on fire and …

Tilla Ram, a conductor with the Rajasthan State Road Transport Corporation, claimed he was a permanent employee and was terminated without a departmental inquiry, alleging violation of natural justice and the 'last come first go' principle. The trial court held he was a daily‑wage worker, found no need for an inquiry, …

M.A. Khan, a State Forest Department officer, claimed that his continuous officiation in senior cadre posts from 1980 to 1991 should be counted for seniority when he was appointed to the Indian Forest Service on 27 March 1992. The Union of India and the Tamil Nadu Government argued that he was not a cadre or Select Lis…

The vendors (appellants) entered into a sale agreement for land with a bungalow, requiring payment of the purchase price in instalments. The purchaser (respondent) paid part of the consideration but missed the stipulated deadline for a later instalment. The vendors claimed that time was of the essence, extended the dea…

The State Sugar Corporation and Jain Construction entered into a contract containing an arbitration clause. In 1991 Jain Construction, an unregistered partnership firm, filed an application under Section 20 of the Arbitration Act, 1940 for appointment of an arbitrator. The Civil Judge dismissed the petition on the grou…

Krishna Bahadur, a messenger‑cum‑bearer, was dismissed for disciplinary misconduct, reinstated by an Industrial Tribunal, and then retrenched within a month with a modest compensation. The trade union challenged the retrenchment on the ground that the employer had not complied with the mandatory requirements of Section…

The Supreme Court considered a dispute arising from SEBI’s direction that the acquirer of Colour‑Chem Ltd. pay interest to shareholders for the delay in making a public offer under the 1997 Takeover Regulations, as amended in 2002. The Board had directed a 15% per‑annum interest on the offer price and held that dividen…

Escorts Ltd., a tractor manufacturer, paid excise duty on inputs used to produce parts and transferred those parts to another factory of the same company under Notification No. 217/86-CE. The parts were then used to manufacture tractors on which duty was paid. The Commissioner of Central Excise denied MODVAT credit, ar…

The State of Karnataka sought to summon Krishnappa as an accused under Section 319 of the Criminal Procedure Code after the prosecution evidence was recorded, despite a prior order in 1995 that had quashed the proceedings against him. The trial magistrate dismissed the State's application, noting that the likelihood of…

The deceased, a vegetable trader, was traveling in a tractor with a trailer when he fell and died after the vehicle was driven at high speed. His heirs claimed compensation under Section 147(1) of the Motor Vehicles Act, 1988, arguing that the insurer was liable for the death of the owner of the goods being carried. Th…

The President referred three questions to the Supreme Court under Article 143(1) concerning whether natural gas (including LNG) falls under the Union List (Entry 53, List I), whether States can legislate on it under Entry 25, List II, and whether Gujarat's Gas (Regulation of Transmission, Supply and Distribution) Act, …

The State of Madhya Pradesh charged Sanjay Rai and his parents with offences under Sections 302, 3048 and 201 IPC for the death of Rai's wife, Anita Bai. The trial court convicted Rai under Section 3048, relying heavily on textbook opinions on medical jurisprudence to infer strangulation. On appeal, the High Court acqu…

The State of Kerala announced a policy exempting industrial units from enhanced power tariff if they began commercial production between 1 January 1992 and 31 December 1996. Southern Ispat Ltd. applied for power allocation, faced delays, installed a 125 kVA diesel generator and claimed it had started commercial product…

Shipping Corporation of India terminated an agency agreement with Machado Brothers in 1995; the latter sued for a declaration that the termination was illegal and obtained an interim injunction. In 2001 the corporation issued a second termination notice, prompting the respondent to file another suit. The corporation th…

The respondent, a printer, claimed Rs.75,000 for damage to its building and machinery caused by vibration from a bulldozer operating on a nearby road. The insurance policy’s Clause 5 covered "impact by any rail/road vehicle or animal". The insurer argued that the damage was not an "impact" and denied the claim. The Dis…

The State of Uttar Pradesh introduced an irrigation programme that affected the agricultural lands of Gir Prasad, who filed a complaint under the Monopolies and Restrictive Trade Practices Act, 1969 alleging that the State had manipulated the conditions of water supply and engaged in a restrictive trade practice. The M…

West Coast Paper Mills Ltd and Dandeli Ferro Alloys Ltd transported goods by rail and were charged a flat freight rate that denied them the benefit of the telescopic rate system, resulting in higher charges. They filed complaints under Section 28 of the Railways Act, 1890; the Railway Tribunal held the rates illegal bu…

During a flag ceremony near a temple, a dispute arose when an appellant's stick struck a participant, leading to a quarrel. The deceased intervened and was subsequently assaulted with lathis and stones, and trampled, resulting in multiple fractures and a fatal liver injury caused by a rib puncturing the liver. The tria…

Suman Verma was appointed as Extra Departmental Branch Post Master (EDBPM) in 1996, satisfying the statutory qualifications of passing the Matriculation Examination and possessing agricultural land. Respondent No.6 challenged the appointment before the Central Administrative Tribunal (CAT), asserting that she had highe…

The respondent filed a suit for recovery of Rs.2,20,000 with interest against the appellant firm. After a series of decrees and execution proceedings, the appellant paid amounts but disputed that interest had been calculated twice and that interest on interest was added, and also claimed that income‑tax paid should be …

The insured, M/s Harchand Raj Chandan Lal, purchased a burglary insurance policy from United India Insurance Co. Ltd. that defined "burglary" as theft involving forcible and violent entry. During the policy period, bags of grain were stolen from the insured's godown without any force or violence, and the insurer denied…

The Commissioner of Central Excise (Pondicherry) challenged Acer India Ltd.'s practice of deducting the value of operational software from the assessable value of computers for central excise purposes. The Revenue argued that the software, being loaded in the hardware, formed part of the computer and its value should b…

The Haryana Urban Development Authority (HUDA) allotted a plot to Saurabh Aggarwal, who paid substantial sums but was not given possession. The District Consumer Forum awarded interest at 18% per annum on the deposits; the State Forum reduced it to 15%, and the National Consumer Disputes Redressal Commission upheld the…

The owner of a Jeep, who had a comprehensive motor insurance policy, was injured along with passengers in an accident. The Motor Accident Claims Tribunal ordered both the driver and the insurer to pay compensation to the owner, but the insurer appealed and the High Court held it not liable. The Supreme Court examined w…

The appellant, Gilbert Pereira, was accused of murdering a young girl and robbing her of gold ornaments. The prosecution relied entirely on circumstantial evidence, including the victim’s body found in a house the appellant could access, blood‑stained clothes and knife matching the victim’s blood group, injuries on the…

The State of Bihar appealed a Patna High Court order that had found a violation of its earlier direction and had directed a fresh reconsideration of the matter. The Supreme Court held that in contempt proceedings the court's inquiry is limited to whether the earlier order, which has attained finality, has been complied…

The appellant filed an application under Sections 11 and 15 of the Contempt of Courts Act, 1971, alleging that a single judge of the Patna High Court had failed to comply with directions issued on 30‑03‑1999. The High Court judge, while hearing the contempt application, examined the correctness of the original order an…

The Collector of Central Excise appealed against the Central Excise and Tariff Act, 1985 exemption Notification No. 217/86-CE, seeking to extend the exemption to lead/aluminium sheets with headers attached. The Tribunal held that the sheets qualified as "inputs" and were therefore exempt, but the headers did not qualif…

The State of Orissa, represented by forest officials, appealed against a complaint filed by G.C. Jew alleging assault, illegal seizure of ivory and other offences under the IPC, the Orissa Forest Act and the Wildlife Protection Act. The respondents claimed the officials acted without legal authority, while the official…

The landlord, Ram Dass, filed an eviction suit against his tenant, Davinder, under Section 13(2)(v) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, alleging the tenant had ceased to occupy the shop for four months without reasonable cause. The Rent Controller decreed in favour of the landlord, a decision…

The respondents, Hindustan Zinc Ltd., manufacture zinc by electrolysis using lead and aluminium sheets fitted with headers to form anodes and cathodes. The Revenue issued show‑cause notices for excise duty and penalty, asserting that the fitted sheets constitute a new product—electrodes—liable to duty. The Tribunal hel…

Prahalad Sharma, a Service Engineer of the Uttar Pradesh State Agro Industrial Corporation, was dismissed by the Managing Director for alleged financial irregularities. He appealed to the Chairman of the Corporation, who reinstated him. The State Government, invoking its revisional power under Rule 13 of the Uttar Prad…

The Uttar Pradesh State Sugar Corporation (appellant) took possession of the scheduled property of Burwal Sugar Mills Ltd. (respondent) under the Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971. The respondent challenged the acquisition of its registered office, a house in Kanpur, arguing it was not part of the…

The State Bank of Patiala issued a Voluntary Retirement Scheme (SBPVRS) that was open from 15 February to 1 March 2001. Clause 5 set the application period, clause 8 dealt with the bank's discretion and mode of acceptance, and clause 9(i) stated that applications could not be withdrawn. Three employees applied but late…

The father of the deceased, Anup Goswami, appealed to the Supreme Court against the Patna High Court's order acquitting ten accused persons of abduction and murder under IPC sections 302, 149 and 364, 149. The trial court had convicted them, but the High Court, by a majority, found the prosecution evidence insufficient…

The respondent, M. Chandralekha, filed a suit for partition and possession of her late father‑in‑law's properties, claiming a share as the wife of the deceased Kandasamy. She produced a registered maintenance release deed that contained a recital stating that their marriage was dissolved under the customary law of the …

V.K. Srivastava, a salesman employed by Uttar Pradesh Rajya Karmachari Kalyan Nigam, was terminated and filed a writ petition under Article 226 of the Constitution. The corporation contended that it was not a "State" within Article 12, rendering the petition non‑maintainable; the Allahabad High Court dismissed the peti…

Mis. Kores India Ltd. bought jumbo rolls of typewriter/telex ribbons, cut them into standard lengths (10 m and 5 m) and wound them onto metal spools for sale. The assessee argued that this was merely processing, not manufacturing, and that excise duty had already been paid on the jumbo rolls. The Collector of Central E…

Mis. Gem Granites, an exporter of cut and polished granite, claimed a deduction under Section 80‑HHC of the Income Tax Act, 1961 for the assessment year 1987‑88. The issue was whether processed granite fell within the exclusionary clause "minerals and ores" in sub‑section (2)(b) of the provision as it stood before the …

Mis. Shyam Oil Cake Ltd. bought edible vegetable oil on which excise duty had already been paid, refined it by treatment with alkali/acid, bleaching and deodorisation, and sold the refined oil. The assessee claimed that the refining did not constitute "manufacture" and therefore no excise duty was payable. The Revenue …

The respondents were convicted of murder under IPC s.302 read with s.34 and sentenced to life imprisonment. While on trial they had been on bail and allegedly did not misuse that liberty, and later filed an application under CrPC s.389 seeking suspension of the sentence and bail. The Allahabad High Court granted bail o…

Kunti Devi (wife) filed a criminal complaint under Section 494 read with Section 109 of the Ranbir Penal Code alleging that her husband Som Raj contracted a second marriage while the first marriage was still subsisting. The High Court, relying on Krishna Gopal Divedi v. Prabha Divedi, quashed the complaint, holding tha…

The appellant obtained a decree for a debt on 2 May 1973 and filed an execution petition the same year, which was stayed due to a legislative bar under the Tamil Nadu Indebted Agriculturists (Temporary Relief) Ordinance and subsequent Acts. The decree was later scaled down and amended on 18 October 1979 under the Tamil…

The State of Maharashtra appealed against the Bombay High Court's order granting bail to six accused, including Sitaram Popat Vetal, in a murder case (Section 302 IPC) concerning the death of Hanumant Vithal Chaudhary. The High Court had released the accused on the ground that they were falsely implicated due to politi…

The Commissioner of Police, Hyderabad, detained Chinnaboina Shankar under Section 3(2) of the Andhra Pradesh Prevention of Dangerous Activities Act, citing his status as a history‑sheeter with over 30 cases and two specific incidents that created terror among the public. His wife, Smt. C. Anita, filed a writ petition c…

New Moga Transport Co., the appellant, was hired by United India Insurance Co. to transport goods to Bamala, where the goods were destroyed by fire. United India settled the loss with the original buyer and sued the transporter for compensation, filing the suit in the Bamala court where the cause of action arose. The a…

The State of Uttar Pradesh appealed against a Allahabad High Court order that directed a government employee, Gobardhan Lal, to make a representation to the Chief Secretary regarding his transfer and also issued sweeping directions on transfers and promotions of government servants. The employee had been transferred fr…

The appellants were convicted under Sections 3(1)(iii), 3(1)(v) and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. They appealed, contending that the Special Court – a Court of Session designated under the Act – could not take cognizance of the offence suo moto and register t…

The Supreme Court examined a dispute over compensation for land acquired under the Land Acquisition Act, where the land was recorded as Gair Mumkin Pahar. The appellants, Gaon Sabha, argued that the land vested in the Gaon Sabha under the Delhi Land Reforms Act and that the private respondents were not Bhumidhar or Asa…

The Supreme Court allowed the appeal of Bajranglal (appellant) against a Bombay High Court Division Bench judgment that had set aside a Single Judge’s finding that the plaintiff’s title to a property was void. The appellant argued that the Division Bench erred in holding that the auction sale conducted by the Bombay Mu…

The landlord filed eviction petitions under Sections 21(h) and 21(j) of the Karnataka Rent Control Act, 1961, seeking possession of premises for his own residence and for demolition and reconstruction. The trial court dismissed the petitions, finding the landlord had not proved the building was dilapidated. The Karnata…

The Supreme Court examined whether A.P. Gas Power Corporation Ltd (APGPCL), a privately‑participated captive power plant, needed a licence to supply electricity to its shareholders, their sister concerns and companies that acquired its shares. APGPCL argued that the power generated was for captive consumption and that …

The Allahabad Development Authority acquired land that had been leased by the State Government to Ravindra Kumar Tandon (later Kiran Tandon). The lease expired on 8 June 1987, but the Authority took possession on 16 June 1987. The claimant sought full compensation, while the Authority and the State argued that the leas…

Jayaramdas & Sons filed a suit for a permanent preventive injunction against Mirza Rafatullah Baig and others, which was dismissed by the trial court. The appellants sought to introduce additional certified copies of public records in the first appellate court under Order 41 Rule 27 of the CPC, but their application wa…

The Supreme Court examined whether the General Court‑Martial of Major Gurnam Singh was convened in violation of Rule 37(1) and 37(3) of the Army Rules, 1954. The respondent argued that the officer who convened the court‑martial had not personally satisfied himself that the charges were offences under the Army Act and t…

The plaintiffs, Sopan Sukhdeo Sable and others, filed a civil suit seeking a declaration that they were tenants of properties owned by the Shaneshwar Deosthan Trust, alleging forcible eviction and claiming injunction, compensation and other reliefs. The trial court dismissed the suit under Order VII Rule 11 of the Code…

The appellants, Kulwant Singh and others, were charged with murder, attempt to murder and causing hurt arising from a land‑boundary dispute in which two of the victims, Kartar Kaur and Partap Singh, were injured and later died. The trial court acquitted them on the basis of private defence, but the High Court convicted…

The Supreme Court examined whether the right to fly the Indian National Flag is a fundamental right under Article 19(1)(a) of the Constitution. It held that such a right exists but is not absolute; it is subject to reasonable restrictions under Article 19(2). The Court clarified that the Emblems and Names (Prevention o…

The husband of the petitioner was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) for alleged undervaluation of imported goods. He filed three representations – two to the Joint Secretary (detaining authority) and one to the Central Government – all of which wer…

The case involved a murder arising from a rivalry between two village groups, leading to the death of Ramkumar. Five persons were tried; the trial court convicted all under Sections 148, 302 and 149 of the IPC, sentencing them to life imprisonment. The Rajasthan High Court acquitted three of the accused of the charges …

The appellants, lessees of two granite quarry leases in Karnataka, operated the quarries and exported granite after the Supreme Court’s interim orders allowing renewal of leases and issuance of transport permits, even though the underlying leases had been quashed by the High Court. After the Supreme Court dismissed the…

In the 2000 Haryana Legislative Assembly election, two candidates, Kamal Sharma and Bachan Singh, both claimed to be the official Congress candidate for the Safidon constituency. Both filed Form B with the Returning Officer; Bachan Singh’s Form B, submitted later, rescinded the earlier notice in favour of Kamal and was…

The appellant’s lands were acquired under the Land Acquisition Act, 1894 and an award was passed in 1981. The reference court enhanced the compensation in 1990 but failed to grant the statutory benefits under Sections 23(1A), 23(2) and 28 of the Act as amended by the 1984 Amendment Act. Subsequent applications resulted…

The appellants, appointed on daily wages by the Indore Development Authority for a project, later received salary, PF and leave benefits and sought regularisation of their service after the project ended. The High Court dismissed their claim, holding that the appointments were not made to sanctioned posts and were void…

The Tamil Nadu Government had granted an exemption from purchase tax on sugarcane to sugar mills in the cooperative and public sectors in 1975. In 1988 it withdrew the exemption for mills exceeding a turnover ceiling and made the withdrawal retrospective to April 1988. Bannari Amman Sugars Ltd. and related mills, which…

The Haryana Urban Development Authority (HUDA) allotted a residential plot to an applicant who deposited earnest money. Clause‑4 of the allotment letter required the applicant to communicate non‑acceptance within 30 days or forfeit the deposit. The applicant mailed a registered notice of non‑acceptance on 28‑Nov‑2001, …

The appellants, wholesale dealers in dry chillies, stored and handled large quantities of chillies in a godown located in a residential locality. Residents complained that the loading, unloading and storage caused health problems and physical discomfort, and invoked Section 133(1)(b) of the Code of Criminal Procedure b…

The appellant, a Head Clerk with 31 years of commendable service in the Northern Railways, supplied an "absentee" statement to a co‑worker who was litigating against the Railways. The Railway disciplinary authority treated this act as a serious misconduct, held the appellant guilty of leaking official documents, and im…

The Government of Andhra Pradesh issued a letter on 25 October 2001 calling for proposals for the IAS (Appointment by Selection) for the year 2002, but mistakenly wrote "2001" in the subject line. The first respondent, G. Limbadri Rao, argued that the typo meant the eligibility year was 2001, and since he had not turne…

The Kaveripatnam Subbaraya Setty Annaiah Setty Charities Trust (appellant) owned a shop that it let to S.K. Viswanatha Setty (respondent) from 1950. In 1969 the trust demolished the old building and completed a new one in 1975; the respondent vacated the old shop and later sought to be re‑let in the new building, offer…

The landlord of a shop in Shimla sued the widow and minor son of the deceased tenant for eviction under Section 14(2)(ii)(a) of the Himachal Pradesh Urban Rent Control Act, 1987, alleging that the tenant had sublet the premises to a partner and that the subletting continued after his death. The Rent Controller, the app…

The Himachal Pradesh Ceiling on Land Holdings Act, 1972, led the Collector to declare 9,000 bighas of land belonging to the heirs of Raja Lakshman Singh as surplus in 1976. The State appealed the Collector’s order but withdrew the appeal in March 1976, rendering the Collector’s order final. In 1991, the Financial Commi…

The Commissioner of Police, Mumbai detained Shri Ramchandra Rammi​lan Mishra @ Pandey under Section 3(2) of the Maharashtra Prevention of Dangerous Activities (Bootleggers) Slumlords and Drug Offenders Act, 1981 to prevent activities prejudicial to public order. The detenu challenged the detention, contending that the …

The Revenue initiated prosecution under Section 276C of the Income Tax Act, 1961 for alleged concealment of income for AY 1988‑89. The assessees filed a petition under Section 482 Cr.P.C. seeking quash of the prosecution, contending that applications for settlement under Section 245C were pending before the Settlement …