Judgments of 2004

The respondent (landlord) sued the appellants (father and son) for mandatory injunction to vacate a shop premises, alleging that a deed of licence executed in 1981 had terminated. The trial court and first appellate court found the appellants to be tenants, but the High Court reversed, treating the deed as a licence to…

Mis. Bharat Coking Coal Ltd. (BCCL), a Central Government company appointed as custodian of coking coal mines, claimed recovery of excess payments made to New Govindpur Coal Co. for the management period (17 Oct 1971 to 30 Apr 1972) under Section 25 of the Coking Coal Mines (Nationalisation) Act, 1972. The claim was su…

The Inspector of Police (Vigilance & Anti‑Corruption) in Tiruchirappalli received information that the accused, V. Jayapaul, was extracting money from vehicle owners using bogus notices. He lodged a First Information Report under Sections 420, 201 IPC and Section 13(2) read with 13(1)(d) of the Prevention of Corruption…

The Andhra Pradesh State Road Transport Corporation (APSRTC) recruited conductors on a daily‑wage basis and later regularized them, counting seniority from the date of regularization. The conductors filed writ petitions under Article 226 seeking to have their regular appointment deemed effective from the date of their …

The deceased, married to the brother of the appellant, was allegedly poured with kerosene and set alight by the appellant and her mother. She escaped the house, was rescued by neighbours, and later died from extensive burns. While in the hospital, a dying declaration was recorded by a Munsif Magistrate with the assista…

The appellant Dastagir Sab and another were convicted of rape under Section 376(2)(g) of the IPC. The prosecution proved that the victim had seen the accused on three occasions before the assault, that the accused were chased, caught, and allegedly confessed, and that semen was found on the victim's clothing. The defen…

The appellants, husband and brother of the petitioner, were detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act on the grounds of alleged misdeclaration of an export consignment (claimed as alloy steel forging but allegedly metal scrap) and over‑invo…

Three persons were travelling in an auto‑rickshaw that met with an accident, resulting in two deaths and one serious injury. The vehicle belonged to Challa Upendra Rao, who had no permit to ply the vehicle for hire or reward. The claimants filed petitions for compensation under the Motor Vehicles Act, 1988, and the ins…

The respondents, Alnoori Tobacco Products, were engaged in manufacturing tobacco powder and were served with show‑cause notices alleging that the product fell under tariff sub‑heading 2404.90 (manufactured tobacco) of the Central Excise Tariff Act, 1985. Their appeals before the Collector of Central Excise (Appeals) we…

The appellant, an agent of Mahindra & Mahindra, supplied motor parts to vehicle customers in Uttar Pradesh under a warranty agreement and received payment from the manufacturer. The assessing authority treated the payments as consideration for a sale under Section 2(h) of the Uttar Pradesh Trade Tax Act, 1948, and levi…

The respondents, Rupa & Co. Ltd., are manufacturers of textile garments who imported various machines for fabric processing, inspection, knitting and dyeing under the Export Promotion Capital Goods (EPCG) Scheme and claimed a 100% customs duty exemption under Notification No. 29/97-Cus. The Revenue Department denied th…

The New Friends Co‑operative House Building Society rejected the nomination papers of three members on the ground that they were listed as defaulters. The respondents filed a writ petition under Article 226 of the Constitution before the Delhi High Court seeking to quash the election notification and to have a fresh de…

Punjab and Sind Bank introduced a Voluntary Retirement Scheme (VRS) in December 2000. Respondent No.1, Ranveer Singh Bawa, opted for the scheme on 6‑12‑2000 but requested to withdraw his option on 22‑12‑2000. The bank, relying on clause 10.4, refused the withdrawal and relieved him of service on 29‑01‑2001. The respond…

The State of Uttar Pradesh declined to renew the terms of several District Government Counsels (DGCs). The DGCs filed writ petitions in the Allahabad High Court, which directed the State to renew their appointments. The State appealed to the Supreme Court, arguing that the High Court had overstepped its jurisdiction an…

In a partition suit, a decree granted recovery of certain items to a defendant. Another defendant filed a suit challenging the decree, and the court issued a temporary injunction under Order 39 restraining execution of the decree. The suit was dismissed for default, later restored, and finally dismissed on merits. The …

The State of Uttar Pradesh did not renew the term of Johri Mal as District Government Counsel (Criminal) despite a vacancy notice. The respondent challenged the non‑renewal, and the Allahabad High Court ordered renewal, directing that a collegium headed by the District Judge recommend the appointment. The State appeale…

Manoranjan Das, a businessman, introduced Loknath Acharya to a bank for opening a current account. Acharya later presented forged demand drafts and withdrew money, leading the bank to discover the fraud and file a police complaint against Acharya, Das and a bank employee under Sections 420 and 109 of the Indian Penal C…

The appellant, T.T. Haneefa, was arrested on a public road after police, acting on prior information, suspected him of carrying narcotic drugs. He was informed of his right under Section 50 of the NDPS Act to be searched in the presence of a magistrate or gazetted officer and he declined that option. A search was then …

The appellants, Muniyandi and Jeevanantham, were convicted under Sections 8(c) and 20(b)(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of hashish. The investigating officer, a police inspector, received information about drug sales, conducted a search, recovered the narcotic, prepared th…

Four accused assaulted Kuttappan with the handles of an axe, spade and an iron rod at night, causing injuries mainly on non‑vital parts and a single fatal head wound. The trial court convicted them of murder under Section 302 read with Section 34, a decision affirmed by the Kerala High Court. On appeal, the Supreme Cou…

The Municipal Corporation of Amritsar issued notices demanding "service charges" from the Posts & Telegraphs Department for water, lighting, drainage and road services to its buildings. The department contended that, as property of the Union, it was exempt from any tax under Article 285(1) of the Constitution. The corp…

The Supreme Court examined several applications concerning the interpretation of its earlier directions (dated 17‑12‑2002) on Voluntary Retirement Schemes (VRS) in banks. It clarified that "accepting a part of the benefit" includes the employee’s withdrawal and utilisation of the benefit, not merely a unilateral credit…

The Supreme Court examined the detention of Sanjai Pratap Gupta (Pappu) under Section 3(2) of the National Security Act, 1980. The detention order cited two grounds: his criminal antecedents and a specific incident involving murder on 13 October 2002. The High Court quashed the order, holding the two grounds inseparabl…

The appellants were convicted of offences under Sections 148, 323 and 324 of the IPC and were placed on probation for two years under Sections 3 and 4 of the Probation of Offenders Act, 1958. The complainant filed an appeal under Section 11(2) of the Act challenging the propriety of the probation order and also contend…

A teacher employed by Kendriya Vidyalaya Sangathan (KVS) in Jabalpur, Madhya Pradesh, was transferred to Jammu & Kashmir and challenged the order before the Central Administrative Tribunal, alleging malafides and a punitive motive, and also seeking a joint posting with his wife. The Tribunal dismissed the application, …

The State of Uttar Pradesh charged five accused with murder and other offences arising from a violent incident on 3 August 1974 during a festival, where the accused formed an assembly, used firearms and sticks, and killed two persons while injuring others. The trial court convicted them under Sections 302/34, 302/149 a…

Patel Chikkahanumaiah, the predecessor‑in‑interest of the appellants, sought to set aside an ex‑parte decree against him on the ground of non‑service of summons. He first filed an application under Order 9 Rule 13 of the CPC, alleging only non‑service, without any claim of fraud, and later filed a suit under s.9 CPC al…

The appellant, Shamsu Suhara Beevi, entered into a sale agreement with the respondents, G. Alex and others, but failed to execute the deed. The respondents sued for specific performance; the trial court ordered them to deposit the balance sale consideration and directed the appellant to register the deed. The responden…

The West Bengal Freedom Fighters' Organization filed a writ petition under Article 32 seeking direction for the payment of pensions under the Swatantrata Sainik Samman Pension Scheme, 1980. Applicants were required to submit jail certificates or, in their absence, a Non‑availability of Records Certificate (NARC) togeth…

Anil Kumar Srivastava challenged a NOIDA scheme to develop a commercial hub on a 54,320.18 sq m plot, alleging that the reserve price of Rs 27,500 per sq m was arbitrarily low and that the accepted bid of Rs 31,850 per sq m was undervalued, violating Article 14. The Court examined the distinction between reserve (upset…

The accused, charged under IPC s.120‑B and the Prevention of Corruption Act, applied to the trial court for the production of eight documents. The CBI and Punjab National Bank (the appellant) claimed the documents were privileged communication under Evidence Act s.124. The trial court ordered production, but the High C…

ICPA Health Products Ltd. manufactures three surgical disinfectant products—Hexiprev, Hexiscrub (Surgiscrub) and Haxiaque—and initially classified them under Tariff Item 3003.10 (patent or proprietary medicaments) under the Central Excise Tariff Act, 1985. The Commissioner of Central Excise issued show‑cause notices se…

The appellant, a manufacturer of Khandsari molasses, challenged orders issued under Rule 24 of the Uttar Pradesh Sheera Niyantran Niyamavali, 1974, which prohibited the transport of any molasses without written permission from the Controller. The appellant argued that the rule exceeded the scope of the Uttar Pradesh Sh…

The case concerned a no‑confidence motion against the Chairman of the Sanchar Municipal Board, which had 20 elected members, 2 nominated members and one ex‑officio MLA, totalling 23 members. The motion was declared passed by the Sub‑Divisional Officer because the required two‑thirds majority was calculated on the basis…

N.B. Bhargavan Pillai, a public servant on deputation, failed to hand over stock of rice, palmolein and sugar at the end of his tenure, resulting in a shortage valued at Rs.1,63,770. He deposited Rs.50,000 and promised to pay the balance, but retired before a sanction for prosecution could be obtained. He was convicted…

Inder Parkash Gupta challenged his placement at No.13 in the select list for lecturer posts in the Jammu & Kashmir Medical Education Department, alleging that the J&K Public Service Commission had applied its 1980 Rules, which allocated 100 marks to a viva voce test, in violation of the statutory 1979 Recruitment Rules…

The Union of India appealed against the Karnataka High Court’s affirmation of a Central Administrative Tribunal order that quashed the appointment of R.K. Raghavan as Director of the CBI and directed a fresh selection process. The first respondent, C. Dinakar, a senior IPS officer who had retired, claimed that the appo…

The State of Rajasthan appealed to the Supreme Court against a Rajasthan High Court order that refused leave to appeal an acquittal without providing any reasons. The Supreme Court held that a High Court must record reasons when refusing leave under Section 378 of the Code of Criminal Procedure, 1973, as the refusal fo…

The appellant was caught selling brown sugar on 23 February 2000; a police search of his shirt pocket yielded six small packets containing 1.2 g of the narcotic. He was convicted under section 21 of the NDPS Act and sentenced to ten years’ imprisonment and a fine. On appeal, he argued that the small quantity should be …

The Supreme Court examined the land‑holding of Escorts Farms Ltd., which occupied land released by the Uttar Pradesh government to the former ruler of Kashipur under a Government Grant and later became subject to the Uttar Pradesh Imposition of Ceiling on Land Holdings Act. The State initiated ceiling proceedings, decl…

The appellant, Sudhangshu Mohan Deb, claimed possession of land that had originally been settled in his predecessor's favour and later sold to him. After a decree granting him possession was set aside, the Tripura Land Revenue and Land Reforms Act, 1960 vested all estates in the notified area in the State Government, e…

During a suit concerning an immovable property, respondents 2 and 3 sold the suit property to respondent 4, who was unaware of the pending litigation. An ex‑parte decree was later passed against respondents 2 and 3. Respondent 4 filed an application under Order 9 Rule 13 CPC to set aside the decree and sought to be bro…

The appellants Vidhya Devi and others were convicted under Section 304‑B IPC for the dowry death of Satyawati, who was set ablaze four months after a dowry demand and died within seven years of marriage. The trial court and High Court upheld the conviction, and the appellants appealed, challenging the applicability of …

The appellant, a husband, was convicted for dowry harassment and cruelty towards his wife, which culminated in her suicide. The trial court found him guilty under IPC Sections 498A and 306 read with Section 34, sentencing him to three years for cruelty and seven years for abetment of suicide, to run concurrently. The H…

The deceased was killed in a road accident and his sons filed a claim under Section 109 of the Motor Vehicles Act, 1939. The insurer’s policy limited third‑party liability to Rs 50,000 and the premium paid was Rs 240. The Motor Vehicles Tribunal awarded compensation of Rs 72,000 with interest at 12% and a default rate …

The State seized a truck carrying forest produce without a transit permit and initiated confiscation proceedings under the West Bengal amendments to the Indian Forest Act, 1927. The District Judge set aside the confiscation order on the ground that the notice under Section 59‑B was invalid, directing the authorities to…

The appellant, Sardar Khan, was convicted under Sections 302 and 498A of the Indian Penal Code for brutally murdering his wife and attempting to burn her body, following a pattern of harassment, assault causing abortion, and pawn‑selling her jewellery. The trial court sentenced him to life imprisonment; the Karnataka H…

The Supreme Court examined a petition challenging the allotment of a plot of government land in Salt Lake City to retired Calcutta High Court Judge B.P. Banerjee, who had been hearing a writ petition concerning the same area. The petition alleged that the judge used his judicial position to secure the allotment, creati…

The appellant, Ahad Brothers, owned 16.81 acres that were acquired by the State of Madhya Pradesh under the Land Acquisition Act, 1894, and were awarded compensation treating them as owners. Unsatisfied with the compensation, the appellant sought a reference under Section 18, which the Reference Court rejected, finding…

The petitioner, British Motor Car Co., leased land and a building in Jalandhar in 1967 under a lease that prohibited any additions or alterations. The tenant later erected two permanent sheds in the courtyard without the landlord's consent, obstructing ventilation and reducing the usable area. The landlord filed an evi…

The State of Andhra Pradesh had acquired land under the Land Acquisition Act, 1894 for a road project, but a portion remained unused. The original owner, Syed Akbar, sought reconveyance of the unused portion relying on Standing Order No. 90(32) of the Andhra Pradesh Board of Revenue. A single High Court judge directed …

The Supreme Court examined the appeal of the accused who were convicted for dowry death after the victim, Kodimalar, was set on fire by her in‑laws. The victim gave a dying declaration identifying the accused, which was recorded by a Judicial Magistrate in the presence of a doctor who certified her consciousness. The a…

The Commissioner of Central Excise, Bombay issued a show‑cause notice to M/s Reliance Industries Ltd. alleging short payment of excise duty on polyester filament yarn (POY) that was produced on bobbins of one kilogram or less and removed without duty payment. The Collector confirmed a demand of over Rs 1 crore, imposed…

The State of Karnataka appealed against the Karnataka High Court's acquittal of four accused who had been convicted by a Sessions Court for murder and related offences under Sections 304 Part II, 149, 324, 148 and 143 of the IPC. The High Court set aside the conviction on the sole ground that the investigating officer …

The deceased Khetrapal was proceeding to execute a will in favour of Bhuri Singh when Janak Singh and his accomplice Sarvesh, armed with firearms, opened fire, killing Khetrapal and injuring the witnesses. The prosecution relied on the testimony of Bhuri Singh (PW‑1), an injured eyewitness, to secure convictions of the…

The appellant, a German manufacturer of printing machines, sold a machine to the Indian respondent and was later accused before the MRTP Commission of unfair trade practices and faced a compensation claim. The appellant challenged the Commission's jurisdiction on two grounds: a contractual clause that stipulated German…

The Delhi Development Authority (DDA) invited tenders for a water‑pumping project. Mis UEE Electrical Engineering (P) Ltd., a successful bidder, had its director assault a DDA employee, leading the DDA to issue a show‑cause notice, blacklist the company for five years and award the contract to another firm. The Delhi H…

The case arose from a night-time assault in which four accused attacked the household of Hansraj, killing three persons and severely injuring a 13‑year‑old boy, Prithvi, who was the key eyewitness. The trial court convicted the accused under IPC sections 302, 307 and 460 and sentenced them to death and life imprisonmen…

Essar Oil Ltd., Bharat Oman Refineries Ltd. and Gujarat Positra Port Co. sought to lay crude‑oil pipelines through the Jamnagar Marine National Park and Sanctuary. Public‑interest litigants challenged the Gujarat State Government's permission under the Wild Life (Protection) Act, 1972 (WPA) sections 29 and 35(6), argui…

The State of Madhya Pradesh appealed against the Madhya Pradesh High Court's decision to reduce Ramesh's conviction for murder (Section 302 IPC) to culpable homicide not amounting to murder (Section 304 Part I IPC) on the ground of self‑defence. The Supreme Court examined whether the shooting of the deceased, Rajendra,…

The State of Kerala appealed against the Kerala High Court’s order that the revised plantation‑tax rates introduced by the Kerala Finance Act, 1987 could not be applied during the 1987‑88 financial year. The appellants argued that the amendment to Schedule‑I of the Kerala Plantations Tax Act, 1960, which altered both r…

A goods truck carrying passengers overturned, resulting in the death of a passenger. The claimants filed a petition under Section 166 of the Motor Vehicles Act seeking compensation. The Motor Accident Claims Tribunal and the Allahabad High Court held that the vehicle owner, not the insurer, was liable because the vehic…

The Commissioner of Central Excise held that Modi Alkalies & Chemicals Ltd. (MACL) had created three front companies to evade excise duty on hydrogen gas, treating them as dummies and imposing duty, penalty and confiscation. The Central Excise and Gold (Control) Appellate Tribunal (CEGAT) overturned this, finding no in…

The case concerned a dispute over the retirement age of employees of the Madhya Pradesh Electricity Board. The Board, under Section 79(c) of the Electricity (Supply) Act, 1948, reduced the retirement age to 58 years by a notification dated 26‑December‑2000, overturning an earlier agreement (dated 10‑June‑1996) that had…

The Supreme Court examined whether mining activities within a 5 km radius of the Delhi‑Haryana border and in the Aravalli hills cause environmental degradation and whether the earlier order of 6 May 2002 banning such mining should be varied. It held that the ban remains in force until a newly constituted Monitoring Com…

The appellants, children of deceased victims, filed parallel claims under Section 163-A (structured no‑fault compensation) and Section 166 (fault‑based compensation) of the Motor Vehicles Act, 1988. The High Court treated the Section 163‑A award as interim and allowed the claimants to retain the amount, prompting the i…

The respondent, a sewing teacher appointed in 1981, claimed that she should receive the same revised pay scale as Classical and Vernacular teachers. Her representation was rejected, and the Punjab and Haryana High Court allowed her writ petition, granting the higher scale. The State appealed, arguing that the Punjab St…

The landlord, Ranjeet Singh, sought eviction of his tenant, Ravi Prakash, on the grounds of bonafide requirement for his own fertilizer business and the need to reconstruct the dilapidated shop after a municipal demolition notice. The trial court dismissed the suit, but the appellate court allowed eviction. The tenant …

The appellant, a tenant, entered into a lease for a shop at Rs 5,000 per month in 1976 and in 1978 applied to the Rent Controller for fixation of a standard rent of Rs 1,350 under Section 9 of the Delhi Rent Control Act, 1958. While the application was pending, the 1988 amendment inserted Section 3(c), which excluded p…

The Commissioner of Central Excise appealed against the refund granted to Mis Allied Photographies India Ltd (the sole distributor of New India Industries Ltd) for excise duty paid by the manufacturer under protest. The Court examined whether duty paid under protest falls under Section 11B of the Central Excise Act or …

The Narcotics Control Bureau (NCB) appealed a Bombay High Court order that granted bail to D.P. Namade, who was charged under the NDPS Act for manufacturing and supplying Mandrax tablets. The High Court had granted bail on the ground that the Special Judge's order to provide copies of seized documents to the accused ha…

The appellant, a police constable and landlord, was convicted under Section 354 IPC for outraging the modesty of his tenant's wife, while the three co‑accused were acquitted. The trial court had found the complainant's and her son’s statements unreliable and declared them hostile, but still convicted the appellant. On …

The petition sought a re‑consideration of the five‑Judge Constitution Bench decision in Sardar Syedna Taher Saifuddin Saheb v. State of Bombay, which held the Bombay Prevention of Ex‑communication Act, 1949 ultra‑vires. The matter had been listed before a seven‑Judge Bench, but the respondent filed an interim applicati…

The Himachal Pradesh government sought to fill a vacancy for President of the State Consumer Redressal Commission by appointing a sitting High Court judge, Justice Surinder Swaroop. The government initially sent a proposal to the Chief Justice, but the High Court pointed out that the appointment process should be initi…

The Management of Tata Iron & Steel Co. Ltd. established a hospital to provide medical care to its employees, their families, associated companies, as well as government and private patients for a fee. The authorities issued a notice requiring registration of the hospital under the Bihar Shops and Establishments Act, 1…

The plaintiff filed a partition suit in 1976; the defendants repeatedly failed to appear, leading the trial court to post the case ex‑parte and pass a preliminary decree. The defendants filed applications under Order 9 Rule 7 and Rule 13 to set aside the ex‑parte order, both of which were dismissed, and they also appea…

A bus driven by the respondent crashed, killing seven passengers. The employer dismissed the driver after a domestic enquiry and sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act. The Industrial Tribunal refused approval, holding that the enquiry was flawed because the passengers we…

The appellant, Nathi Devi, was a long‑term tenant of premises that the respondent, Radha Devi Gupta, purchased in 1982. The respondent, a widow, filed an eviction petition under Section 14D of the Delhi Rent Control Act, 1958, claiming immediate possession for her own residence. The key issue was whether Section 14D ap…

The Division Manager, Plantation Division, Andaman & Nicobar Islands (the appellant) dismissed eight workmen for alleged misconduct after an ex‑parte domestic enquiry, as the workmen failed to attend the enquiry. The workmen raised an industrial dispute before the Labour Court, which ordered their reinstatement, holdin…

The State appealed the award of compensation for 5.99 acres of land acquired for a tank restoration, where the land bore fruit‑bearing trees. The Reference Court had valued the land on a yield basis, multiplying the income from the trees by a 15‑year capitalization factor and awarded Rs 5 lakh (the claimant’s claim) wi…

The appellant, a former bank manager, was found guilty of sanctioning a loan to his wife in violation of SBI supervisory staff rules and was initially punished with a one‑stage salary reduction. He appealed the order, but the appeal was filed after the statutory period; the appellate authority nonetheless considered it…

The appellants K. Hashim and another were convicted for counterfeiting US dollar notes, possession of counterfeit currency, and possession of materials used for counterfeiting under Sections 489A, 489C, 489D and for criminal conspiracy under Section 120B of the IPC. The conviction was based largely on the confessional …

The State of Jharkhand appealed against a Jharkhand High Court order that had treated a temporary registration certificate issued to Ambay Cements as the "prior permission" required for sales‑tax exemption under the Bihar Industrial Promotion Policy, 1995. The policy, as amended by Notifications S.O. 57 and 58 dated 2 …

The State alleged that on 14 March 1997 four men, including appellants Nirmal Singh and Ranjan Singh, went to the deceased's house where Ranjan Singh allegedly urged Nirmal Singh to fire, resulting in a gunshot wound that killed the victim. The prosecution relied on the testimony of several eyewitnesses who were relati…

Dr. Manju Varma filed a writ petition in the Lucknow Bench of the Allahabad High Court seeking promotion based on seniority. Respondent No.6 (Dr. Gauri Ganguli) applied to the Chief Justice for transfer of the petition to the Allahabad Bench under paragraph 14 of the United Provinces High Courts (Amalgamation) Order, 1…

The State of Andhra Pradesh prosecuted S. Janardhana Rao, a Metropolitan Sessions Judge, for demanding Rs 6 lakh (later reduced to Rs 3 lakh) as illegal gratification to secure the acquittal of accused in a pending Sessions case. A trap, authorized by the Chief Justice, led to the money being handed to the judge's wife…

C.G. Sharma was appointed as a Civil Judge on a two‑year probation under the Gujarat Judicial Service Recruitment Rules, 1961. His probation was extended twice and he was terminated for alleged unsatisfactory performance and integrity concerns. Sharma argued that the expiry of the probation period meant automatic confi…

The appellants, original bhumidars of Khasra No. 324, had earlier received plot No. 679 as compensation and thereby lost any interest in the original land. The land was later sold to respondent No. 3, who, after the amendment of the East Punjab Holding (Consolidation & Prevention of Fragmentation) Act, claimed the bene…

The appellant, Pramod Mandal, was convicted under Section 396 IPC for a dacoity and murder that occurred on 13 January 1989. He appealed to the Supreme Court, challenging the conviction on the ground that the Test Identification Parade (TIP) was held about a month after the incident and that only one eyewitness (PW‑4) …

Dipesh Chandak, an accused in the Bihar fodder scam, was granted a pardon by a Special CBI Judge under Section 306 of the Criminal Procedure Code on the condition that he make a full and complete disclosure of the misappropriation of funds. The Income Tax Department later issued a show‑cause notice for alleged filing o…

Priya Blue Industries Ltd imported a ship, paid customs duty under protest and later filed a claim for refund of Rs 79,64,648 under Section 27 of the Customs Act, 1962. The refund claim was rejected, as were subsequent appeals before the Customs, Excise and Gold (Control) Appellate Tribunal and the Supreme Court. The c…

The Orissa Government appointed 49 junior teachers on an ad‑hoc basis in 1980‑81 without constituting a Selection Board as required by the 1979 Recruitment Rules, which mandated a member of the Orissa Public Service Commission (OPSC) as Chairman. The OPSC refused to concur with these appointments, prompting the legisla…

The Madhya Pradesh High Court Bar Association challenged a notification issued under Section 74(1) of the Madhya Pradesh Reorganisation Act, 2000 that abolished the Madhya Pradesh State Administrative Tribunal, alleging that the provision was ultra‑vires Article 323A, amounted to excessive delegation of legislative pow…

The appellants challenged the jurisdiction of a Chennai Metropolitan Magistrate to try a complaint alleging offences under Sections 498A, 406 IPC and the Dowry Act, arguing that no part of the cause of action arose within the magistrate's local area. The High Court dismissed their Section 482 application, holding the m…

The Supreme Court was asked to clarify the effect of its earlier judgment in Dr. Saurabh Chaudhary (2003) which increased the All‑India quota for postgraduate medical seats from 25% to 50% and mandated a common entrance test. The Union of India sought a prospective application of that judgment because the admission pro…

The Supreme Court examined the suicide of a young woman within months of her marriage, for which her brother‑in‑law (A‑1) and mother‑in‑law (A‑2) were convicted under Sections 304‑B IPC and 498‑A IPC for demanding dowry. The State appealed the High Court’s acquittal of the accused, arguing that a dowry demand, even wit…

The appellants, a doctor and his son, conspired with an assistant registrar to forge pre‑degree mark sheets to obtain medical college admission. The forged mark list was used knowingly, as evidenced by inconsistencies in marks, the date of the document, and the appellants' request for re‑valuation. The trial court conv…

The appellant, S.J.S. Business Enterprises Ltd., had obtained a loan from Bihar State Credit and Investment Corporation Ltd. (BICICO) for a hotel project but defaulted, prompting BICICO to invoke Section 29 of the State Financial Corporations Act, 1951 to sell the hotel. After a series of valuations, BICICO issued a se…

The Supreme Court examined a batch of appeals arising from orders of the National Consumer Disputes Redressal Commission (NCDRC) that uniformly awarded interest at 18% per annum in cases of deficiency of service by development authorities. The Court held that the Consumer Protection Act, 1986 has a wide reach and cover…

The Commissioner of Commercial and Sales Taxes appealed against the order of the Supreme Court which upheld the High Court's direction that Orient Paper Mills deposit Rs 50 lakhs and later Rs 25 lakhs pending a sales‑tax assessment. The revenue argued that Section 14‑C of the Orissa Sales Tax Act did not apply because …

The Union of India appealed against a Bombay High Court order that set aside a forfeiture order under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) on the ground that the first proviso of Section 2(2)(b) rendered the proceedings non est after the detention order under the C…

The petitioners were retirees of Assam Oil Company Ltd., which was nationalised in 1981 and its assets, including a 1973 pension fund, were transferred to the successor Indian Oil Corporation (Assam Oil Division) under the Burmah Oil Company (Acquisition) Act. The corporation later introduced a revised pension scheme i…

The petitioners sought to modify a Supreme Court order that had transferred criminal proceedings against them from Tamil Nadu to Karnataka under Section 406 of the Code of Criminal Procedure, 1973. They argued that the prevailing tension between Tamil Nadu and Karnataka over the Cauvery water dispute, the threat posed …

Berger Paints India Ltd. claimed deductions under Section 43B of the Income Tax Act for customs and excise duties actually paid and for duties included in the valuation of its closing stock for the assessment years 1984-85, 1986-87 and 1987-88. While the Assessing Officer allowed the deduction for 1984-85, the Commissi…

The Commissioner of Customs issued a show‑cause notice to Indian Oil Corporation alleging that the company had misdeclared the value of imported petroleum products by including demurrage charges paid to ship owners. The Revenue demanded additional customs duty and penalty, but the Customs Excise and Gold (Control) Appe…

Sarabhai M. Chemicals, a bulk‑drug manufacturer, claimed exemption from excise duty under Notification No. 234/86 after obtaining certificates from the Drugs Controller. The Central Excise Department issued three show‑cause notices alleging that a portion of the sorbitol solution and vitamin C was sold to non‑pharmaceu…

The employee, Munna Lal Jain, while temporarily acting as branch manager of Damoh Panna Sagar Rural Regional Bank, withdrew Rs.25,000 without authority and later repaid it with 24% interest. The disciplinary authority dismissed him, and the High Court directed the Board to reconsider the punishment, ordering that dismi…

The appellants, licensed money lenders, challenged the inspection fee levied under Section 9‑A of the Bombay Money‑Lenders Act, 1946 for renewal of their licences, contending that it was a tax in disguise, excessive and violative of Article 14. The State argued that the fee was a regulatory charge necessary for inspect…

India Agencies (Regd.) Bangalore claimed a concessional 4% tax rate on inter‑state sales under Section 8 of the Central Sales Tax Act. The original portions of Form‑C were lost, and the dealer submitted duplicate copies and indemnity bonds. The assessing authority disallowed the benefit, the Joint Commissioner allowed …

The case concerned the custodial death of Shambhu Tyagi after alleged police beating at Shahjahanabad police station, leading to the conviction of five police officers under Sections 304 Part I, 330 and 201 IPC. On appeal, the Supreme Court examined whether the lack of a test identification parade invalidated the eyewi…

The case concerned Indian medical graduates who obtained their MBBS‑equivalent degrees from institutions in the former USSR and sought provisional or permanent registration to practice medicine in India. The petitioners argued that, under the pre‑amendment Indian Medical Council Act, they were entitled to registration …

Three men were tried for murder under IPC sections 302 and 34. The trial court acquitted all of them, relying on the claim of self‑defence and the prosecution’s failure to explain minor injuries on the accused. The State appealed; during the pendency two accused died and the High Court re‑appreciated the evidence, conv…

The appellants, appointed as Class IV employees in Jammu & Kashmir in 1997, challenged the legality of their appointments, arguing that they were made following a government decision to improve rural representation and were recommended by legislators. The respondents contended that the appointments were illegal because…

Surendra Pal Shivbalakpal, a migrant labourer, was accused of kidnapping, raping and murdering a minor girl named Savitri (Sanju). The prosecution relied on eyewitness testimony that the accused was seen carrying a child at night, forensic analysis showing blood and semen stains on his clothing, and the recovery of the…

The State of Andhra Pradesh filed a criminal complaint against Farmers Service Cooperative Society and others under Section 7(1) of the Essential Commodities Act for allegedly supplying sub‑standard zinc sulphate. The charge‑sheet was filed about two years after the alleged offence, and the respondents moved a petition…

The appellant State of U.P. challenged the Allahabad High Court's order granting bail to respondent No.2, who was accused of murdering a money‑lender under Sections 302 and 120B IPC. The High Court had granted bail on the ground that the accused's name was not mentioned in the FIR, without recording any reasons. The Su…

The landlord sued the tenant for possession of a property on the ground of unauthorised sub‑letting and obtained a decree. The tenant appealed, but died while the appeal was pending. His heirs, unaware of the appeal, learned of it only when the advocate wrote a letter and promptly filed an application under Order 22 Ru…

The father of the respondent, a Class IV employee of Punjab National Bank, died while in service, leaving his widow and children. The respondent applied for a compassionate appointment under the Bank's scheme, but the Bank rejected the request, stating that the family had received substantial retrial benefits and there…

The appellant Ram Bali Singh was convicted of murder under Section 302 IPC based on the testimony of two eyewitnesses. He challenged the conviction alleging that medical evidence of an empty stomach contradicted the ocular evidence, that the investigation was defective because the gun was not forensic‑tested, that the …

The first respondent filed a nomination for the Lok Sabha election from Nagarkurnool (SC) constituency, but the Returning Officer rejected his Form B for leaving columns 2‑7 blank and consequently treated him as an independent candidate, refusing to allot the party symbol of Telangana Rashtra Samithi. The respondent an…

The respondents sought leave under Section 92 of the CPC to file a suit for removal of trustees and framing of a scheme, which the High Court initially denied but later granted on appeal. The Supreme Court examined whether a court must give notice to the proposed defendants before granting such leave and held that noti…

The Supreme Court examined whether banks could round up the rate of interest on loans to the next 0.25% under Section 26C of the Interest Tax Act, 1974, thereby increasing the tax burden on borrowers. The Court held that Section 26C is merely an enabling provision to allow banks to recover the tax on chargeable interes…

The Karnataka Board of Wakf claimed ownership of three properties in Bijapur, asserting that a 1976 notification and Gazette declared them Wakf under the Wakf Act, 1954, and that the Government of India’s claim of title by adverse possession was untenable. The Government countered that the properties had been acquired …

The tenant, N. Chouraria, filed a complaint of misconduct against his landlord‑advocate, M.R. MurlI, alleging assaults and threats during rent‑control proceedings. The State Bar Council referred the complaint to the Disciplinary Committee of the Bar Council of India, which refused to inquire, noting the lack of any cri…

Thimmegowda, having no male issue, adopted his nephew Narayani and executed a settlement deed on 1 August 1969 entrusting six agricultural properties to Narayani and his natural father Subbegowda for management, subject to a clause reserving the power of revocation to Thimmegowda. Thimmegowda later sued to set aside th…

The appellants, owners of fish seed farms engaged in pisciculture, claimed that the Tamil Nadu government’s 1990 notification granting free low‑tension electricity to "agriculture" also covered their fish‑farming activities. The respondents, Tamil Nadu Electricity Board, denied the claim, holding that pisciculture is n…

The appellant, a partnership firm engaged in oil refining on its own account and on a job‑work basis, sought to import coal from outside Uttar Pradesh using Form‑31, which is required for imports "in connection with business" under the U.P. Sales Tax Act, 1948. The Assistant Commissioner issued a show‑cause notice alle…

The Engineering Kamgar Union challenged the closure of a factory owned by Electro Steels Castings Ltd, arguing that the Central Industrial Disputes Act, 1947 (applicable to establishments with 100 or more workers) should govern the lay‑off, retrenchment and closure procedures, not the Uttar Pradesh Industrial Disputes …

The original owners of a residential building executed an agreement to sell the property to Dr. Gopalakrishna in 1974 and received an advance, but Gopalakrishna later rescinded the contract and sued for recovery of the advance. He subsequently sought to amend his suit for specific performance, which the trial court rej…

Hanil Era Textiles Ltd placed a purchase order in Mumbai for filters, paying an advance there, and the order was accepted by the seller's Mumbai branch. The goods were later dispatched from the seller's Delhi factory to the buyer in Delhi, and the buyer filed a suit in the Delhi court for recovery of dues. The seller i…

The Commissioner of Income Tax appealed against the order of the Income Tax Appellate Tribunal that set aside the acquisition of a plot by the competent authority, on the ground that notices under Section 269D(2) of the Income Tax Act, 1961 were served on the transferor and transferee before the notice under Section 26…

N.D.P. Namboodripad, a retired High Court Judge of Kerala, challenged the method used by the Central and State Governments to calculate his pension, arguing that his last drawn emoluments should include dearness allowance and special allowances as per Rule 62 of the Kerala Service Rules. The High Court initially ordere…

The appellant, a daughter of a deceased member of Mousumi Co-operative Housing Society, sought transfer of a flat allotted to her father after his death intestate. The Society, under a Special Officer appointed by the High Court, declared the flat re‑allotted because the heirs had not claimed the interest within the st…

The dispute concerned the exclusive right to operate an iron‑ore mine. Hardesh Ores (the old contractor) claimed that its contract with the mining‑lease owner had been renewed by the parties' conduct, while Timbolo Minerals (the new contractors) asserted that the owner had refused renewal and entered into a fresh, high…

The State of Tamil Nadu issued government orders fixing higher minimum percentage marks for admission to engineering colleges than those prescribed by the AICTE. Several students challenged the orders, and the Madras High Court struck them down, holding they conflicted with AICTE norms. On appeal, the Supreme Court exa…

The appellants filed a suit for declaration of title and permanent injunction over ancestral A and B Schedule properties, claiming inheritance rights. The trial court dismissed the suit, but the first appellate court allowed it, finding the appellants entitled to the properties. The respondents appealed to the Madras H…

The appellant, a constable in the Delhi Police, fell ill during training and, on medical advice, went to his hometown for treatment, submitting leave applications supported by medical certificates. The competent authority later sanctioned leave without pay for the period of his illness, but the police department issued…

The appellant Narayanan (vendee) purchased a disputed parcel of land that the owner Kunjan had retained despite executing a settlement deed for his daughters. The first respondent Kumaran, a close relative, fraudulently altered the deed's schedule to claim title over the disputed parcel and sued for a permanent injunct…

The respondents, who purchased urban properties at auction under Section 29 of the State Financial Corporations Act, 1951 and under the Official Liquidator in winding‑up proceedings under the Companies Act, 1956, sought fresh electricity connections for those premises. The appellant, Gujarat Electricity Board, demanded…

The State of Punjab prosecuted Balkar Singh and Munish Chand under Section 15 of the NDPS Act for alleged conscious possession of 100 bags of poppy husk recovered from a field. The police had found the accused sitting on the bags and seized the material, but no further investigation was made to establish how the bags a…

The Sessions Court tried six accused for the murder of Vemulapalli Buddah Prasad, framing charges under Sections 148, 302 and 324 IPC. The High Court set aside the convictions under Section 302, substituting them with convictions under Section 304 Part I for one accused and Section 326 for the others, holding that no c…

The Union Public Service Commission (UPSC) made piecemeal recommendations for appointment to the post of Assistant Prosecuting Officer. When 30 candidates failed to join, the Uttar Pradesh Government requested seven additional names from the waiting list, but the UPSC refused, stating that the one‑year validity of the …

The State of Himachal Pradesh prosecuted Narendra Kumar (accused No.1) and a vendor (accused No.2) under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act for selling adulterated sugar. A food inspector sealed a sample and sent it, along with a memorandum and seal impression, to a public analyst. The analy…

The Union of India appealed against a Punjab and Haryana High Court order that quashed a COFEPOSA detention order passed on 31‑10‑2001 against Amrit Lal Manchanda. The respondent had obtained a stay of the detention order and later argued that the long lapse of time made the order untenable, relying on Sunil Fulchand S…

The appellants, partners of a firm, filed their income‑tax return for AY 1988‑89 on 20‑Mar‑1991, well after the statutory due date of 31‑Jul‑1988, and were later prosecuted under Section 276‑CC of the Income Tax Act, 1961. They contended that filing the return under Section 139(4) before the assessment was completed am…

Samareendra Das, appointed as Assistant Public Prosecutor (APP) by the Governor of West Bengal, was terminated from service in 1979. He filed a writ petition under Article 226 of the Constitution in the Calcutta High Court, which was initially allowed by a Single Judge. On appeal, the Division Bench held that the APP i…

The respondent, V. Venkateswara Rao, held vacant land in excess of the ceiling limit under the Urban Land (Ceiling and Regulation) Act, 1976 and obtained a 33‑year lease of the land before the prohibition on alienation of vacant land took effect. The State Government granted an exemption under Section 20(1)(a) of the A…

Mehboob Dawood Shaikh was accused of instigating a mob assault and murder during a communal riot in Solapur. After being denied bail by the Sessions Judge, the Bombay High Court granted him bail. The State later moved an application under Section 439(2) of the CrPC to cancel the bail, alleging that Shaikh threatened a …

Manohar, a landowner, filed a writ petition in the Allahabad High Court seeking a direction for the State of Uttar Pradesh to determine and pay compensation for land that had been taken and on which the State constructed office buildings. The High Court ordered the State to pay compensation within three months, finding…

Chandrakant Uttam Chodankar and Jose Philips Domingo D'Souza filed election petitions challenging the election of respondents who were alleged to hold offices of profit. The Bombay High Court dismissed the petitions on preliminary grounds, holding that the copies of the petitions served on the respondents were not true…

Parle Biscuits Ltd., a biscuit manufacturer, sought the concessional 4% sales‑tax rate on cardboard (corrugated) boxes used for packing, a benefit previously enjoyed by its predecessor under Section 13(1) of the Bihar Finance Act, 1981. After the 1985 amendment inserting clause (e) to Section 13(1) and the issuance of …

During a strike at a rubber factory in Goa, accused striking workers attacked visiting supervisors, resulting in one death. The Sessions Court convicted several accused based on eyewitness identification, but the High Court acquitted them, holding that the witnesses had no prior acquaintance and identification was doub…

The appellants were charged with kidnapping a minor, demanding a ransom of Rs.3 lakh and threatening the victim’s father. The trial court acquitted them, citing discrepancies in witness testimonies and questioning the credibility of certain witnesses. On appeal, the High Court re‑appreciated the evidence, held the vict…

The appellant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the High Court's reversal of an appellate decree. The High Court disposed of the appeal without formulating any substantial question of law, as required by Section 100(3)-(5). The appellant argued that such a procedu…

The dispute concerned several survey parcels of former royal land in Gujarat that were sold to Palitana Sugar Mills. The land, initially excluded from the Agricultural Land Ceiling Act, later fell under the Urban Land (Ceiling and Regulation) Act, and the reservation of one parcel for Bhavnagar University was claimed t…

The Chairman of the Standing Committee of the Kalyan‑Dombivli Municipal Corporation filed a writ petition seeking a mandamus directing the Commissioner to produce tender documents and related records before the Committee, arguing that the Committee could not decide on a contract without them and that the proviso to Sec…

The father of the respondent, Shakti Prasad, died while employed in a government hydro‑electric project that was later transferred to the National Hydro‑Electric Power Corporation. After attaining majority, the respondent applied for a compassionate appointment, but the corporation rejected it on the ground that the ap…

The appellant, Malleshi, abducted a college student (PW‑2) by deceit, threatened him and communicated a demand of Rs 4 lakh to be paid by the victim's father for his release. The demand was not conveyed to the father because the accused were arrested before it could be made. The trial court convicted the appellant unde…

A contractor complained that Dr. R.C. Anand, an employee of AIIMS, demanded illegal gratification for renewal of a supply contract. The Anti‑Corruption Branch laid a trap, recorded the conversation and the employee was suspended. The Ministry of Law & Justice and the Central Vigilance Commission did not recommend sanct…

The Tamil Nadu Kalyana Mandapam Association, representing mandap‑keepers who let out halls and provide catering, challenged the levy of service tax on their services under Sections 66 and 67 of the Finance Act, 1994 and Rule 2(1)(d)(ix) of the Service Tax Rules, arguing that the tax was in substance a tax on land (a St…

The case involved Esher Singh and others who were accused of giving provocative speeches to promote a Khalistan movement and of conspiring to murder Joga Singh, the owner of several Sikh educational institutions. The Designated Court convicted Esher Singh under Section 4 of the Terrorist and Disruptive Activities (Prev…

The Indian Oil Corporation invited applications for a petrol pump dealership, giving preference to unemployed youth. The appellant, B.R. Chowdhury, was selected and awarded a dealership, but he was employed as a trainee sales representative at the time of application, which he concealed by marking 'Nil' in the employme…

The prosecution alleged that a batch of Tata iodized salt sold by the appellant, Mohinder Kumar, was deficient in iodine, violating the Food Adulteration Act. The first accused, Naresh Kumar, purchased five packets, which were tested and found to contain only 5 ppm iodine instead of the required 15 ppm, and he claimed …

The petitioner, a member of the legal profession, filed a petition styled as a Public Interest Litigation (PIL) before the Bombay High Court, alleging unauthorized constructions and seeking redress. The High Court dismissed the petition, finding no genuine public interest, noting the petitioner’s alleged blackmail of r…

Sri Ram Saha, the owner of a private garden (bagan) in West Bengal, sought to fell several old trees affected by worms and replace them with saplings. Local police and the Block Land Reforms Officer stopped him, citing the High Court’s interpretation of Sections 4‑A, 4‑B and 4‑C of the West Bengal Land Reforms Act, 195…

The case involved a violent incident in which Raghunath Pandey shot Kanhaiya Pandey, resulting in his death, and other accused fired indiscriminately causing injuries to villagers. The appellants Parshuram, Bishram and Somaru Pandey were convicted under Sections 302 read with 149 IPC, 307 IPC, 324 read with 34 IPC, and…

Girnar Traders, a partnership firm, owned land reserved under the Jalgaon Development Plan. After the State Government confirmed the firm's purchase notice, the municipal council failed to acquire the land under the Maharashtra Regional and Town Planning Act (M.R.T.P. Act). The State later declared the land required fo…

The State of Rajasthan prosecuted licensed traders Mool Chand and others for evading market duty under the Rajasthan Agricultural Produce Market Act, 1961. The trial court convicted them, sentencing them to three months' imprisonment and ordering payment of the evaded duty. The High Court set aside the conviction, rely…

Fairgrowth Investments Ltd. was notified under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 and filed a petition of objection under Section 4(2) more than 30 days after the notification. The Special Court rejected the petition on the ground of limitation. The Supreme Court exa…

The plaintiffs, Mis. Shivalik Agro Poly Products Ltd. and others, were allotted an industrial plot and, to secure loans, executed a mortgage deed that required payment of stamp duty and registration fees as per a Himachal Pradesh Government notification under Sections 78 and 79 of the Registration Act. They sued to dec…

The State of Rajasthan charged Bhanwar Singh and five others with murder under IPC s.302 and assault under s.323. The trial court convicted Singh, sentencing him to life imprisonment, while the High Court acquitted him, finding the prosecution case unreliable. The Supreme Court examined the credibility of three eyewitn…

The Commissioner of Customs issued a show‑cause notice to Mis. B.V. Jewels and its sister concern Mis. B.V. Star alleging shortage of gold, diamonds and capital goods, unauthorised use of duty‑free capital goods and violations of the EXIM policy and Customs notifications. The Customs Tribunal (CEGAT) set aside the Comm…

The appellant, the original recorded owners of certain lands in Uttar Pradesh, challenged the recording of Jan Mohammad as Sirdar under section 210 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, on the basis of his alleged adverse possession. The Consolidation Officer had initially recorded him as…

The Union of India appealed against a Calcutta High Court order that quashed a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against Rajen Ghosal, an exporter accused of mis‑declaring export consignments. The High Court had …

The wife, who had a prior marriage that was never dissolved by a court decree, married the appellant after his first wife's death. The husband filed a suit to declare the second marriage void under Section 5(i) and Section 11 of the Hindu Marriage Act, while the wife sought judicial separation and maintenance for herse…

The State Government of Nagaland issued an order stopping all payments to its employees except salaries and pensions, including a ban on withdrawals from the General Provident Fund (GPF). The ban was challenged by the CANSSEA Employees Association, leading the Gauhati High Court to direct the State to lift the ban; the…

The landlords applied under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for eviction of a shop occupied by the tenant, claiming a bona‑fide requirement. The Prescribed Authority, the District Judge and the High Court all upheld the eviction. During the pend…

The State of West Bengal prosecuted Kailash Chandra Pandey, a Deputy General Manager at Calcutta Airport, for demanding a bribe of Rs.5,000 to facilitate the passage of cleaning contract bills. A trap was arranged in which the complainant handed the money, which was subsequently recovered from Pandey's pocket; his hand…

The deceased was poisoned with brandy allegedly mixed with a toxic substance by the first accused (A-1). The prosecution claimed that the appellant, A-2, the deceased's former wife, instigated A-1 to commit the murder, leading to convictions under Section 302 read with Section 109 of the IPC. On appeal, the Supreme Cou…

The Supreme Court dismissed the appeals of M/s. Dale & Carrington Investments Pvt. Ltd. and its Managing Director P.K. Ramanujam, upholding the Kerala High Court’s order that the allotment of 6,865 equity shares to Ramanujam was invalid. The Court held that no valid Board meeting had taken place, the company did not ne…

Bhagwan Das, a daily‑wages worker, claimed that he was employed continuously from 1 March 1990 to 15 July 1992 and that his termination amounted to retrenchment under Sections 25(F), (G) and (H) of the Industrial Disputes Act, 1947, which require at least 240 days of work in the preceding twelve months. The employer co…

Balbir Singh, a constable, was discharged under Punjab Police Rule 12.21 after being found to have consumed liquor and misbehaved with a lady constable. No formal disciplinary inquiry was held; a preliminary medical examination was the only assessment. The State appealed the High Court's decision that the discharge vio…

The accused, a school teacher, forcibly had sexual intercourse with his 4th‑standard student, who was about 14 years old at the time, and later became pregnant. The victim lodged an FIR after a delay, leading to trial where the accused was convicted under IPC sections 376 (rape) and 506 (criminal intimidation). The Hig…

The appellant was convicted under Section 3 read with Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for allegedly violating the Madhya Pradesh Sarvajanik Purti Vitaran Scheme, 1991. The appellant argued that the Scheme does not constitute an "order" as required by Section 3, and therefore Section 7 could n…

The landlord, Balvant N. Viswamitra, sued the heirs and legal representatives of a deceased tenant for possession of land after the tenant defaulted on rent. The landlord attempted service of notice by registered post, certificate of posting and affixing it on the premises, but could not obtain the heirs' names and add…

The landlord sued Singer India Ltd for eviction under Section 14(1)(b) of the Delhi Rent Control Act, alleging that the American tenant had transferred possession to the Indian company without the landlord's written consent. The transfer resulted from a court‑sanctioned amalgamation compelled by a Reserve Bank of India…

In the 1999 election for the Amgaon Legislative Constituency, the appellant was declared elected and the defeated respondent filed an election petition under the Representation of the People Act, 1951 alleging corrupt practices such as unaccounted money and distribution of goods. The appellant moved the High Court unde…

The case arose from a violent dispute over a piece of land in which the victim, Pratap Singh, was struck on the head with a kanta and later died after 38 days of medical treatment. The trial court convicted both appellants, Dashrath Singh and Raja Ram, under Section 302 (murder) and related offences, but the High Court…

The vendor, a life tenant of a property, entered into a sale agreement with HPA International to sell his life interest and the reversionary interest of the remaindermen, subject to obtaining a High Court sanction. The sanction suit was opposed by the reversioners and, after two years of delay, the vendor served a noti…

Dayal Singh was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 for selling hard‑boiled sugar confectionery that contained mineral oil, which at the time was deemed an unwholesome ingredient and amounted to adulteration. While his appeal was pending, the Rules were amended to permit m…

The case arose from an incident on 18 November 1997 in Bhagalpur where police officers, not in uniform and armed with lathis, forcibly entered the courtroom and chambers of Additional District and Sessions Judge D.N. Barai, assaulting him, court staff and lawyers while demanding the unconditional release of an investig…

Monga Rice Mill, a Haryana-based miller, bought paddy, processed it into rice and sold the rice to an exporter who exported it. The miller claimed exemption from purchase tax on the paddy under Article 286 of the Constitution and Sections 5(3) and 15(ca) of the Central Sales Tax Act, 1956, arguing that the purchase was…

The State of Uttar Pradesh appealed the acquittal of Devendra Singh, who was charged under IPC sections 302, 376 and 201 for the rape and murder of a ten‑year‑old girl. The victim was last seen with the accused in his sugarcane field, and her body was later discovered buried there after the accused initially refused a …

Dr. Karan Singh, son of the former Maharaja of Jammu & Kashmir, claimed that 563 heirloom articles in the state Toshakhana were his private property. After a 1983 representation to the Ministry of Home Affairs was rejected, he filed a writ petition which was partially allowed by the High Court, declaring 42 items his. …

The case concerned the allotment of industrial plots in Chandigarh under the Capital of Punjab (Development and Regulation) Act, 1952 and the 1973 Lease‑Hold Rules. Of 339 shortlisted allottees, 254 could not be given possession because much of the land was declared a reserved forest and fell within a restricted zone u…

The first respondent filed a suit claiming ownership and possession of a disputed parcel of land, alleging that his father had relinquished his rights and later sold the land to the appellant. The appellant contended that the father had taken loans, created a mortgage, and granted a 60‑year lease, making the appellant …

Four employees of the Postal Services Department were transferred from the Agartala Division to the Meghalaya Division on the ground of alleged misbehaviour with a senior lady officer. They challenged the transfer before the Central Administrative Tribunal, which did not interfere, and subsequently filed writ petitions…

An accident occurred on 15 September 1990 and the claimants filed a petition under the Motor Vehicles Act, 1988 seeking compensation. The Motor Accident Claims Tribunal held that only the vehicle owner (the insured) was liable, rejecting any liability on the insurer. The Madras High Court, relying on the earlier Satpal…