Judgments of 2004

The parents of a 27‑year‑old deceased filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claim Tribunal awarded compensation using a multiplier of 18, deducted 50% of the deceased's monthly income for personal expenses, and fixed interest at 6% per annum. The High Court dismissed thei…

The Supreme Court examined the constitutional validity of Sections 57, 58 and 59 of the Madhya Pradesh Commercial Tax Act, 1994, which require clearing and forwarding (C&F) agents to furnish transaction details and impose a penalty of three times the tax evaded if they fail to do so. The High Court had struck down thes…

The U.P. State Bridge Corporation Ltd. terminated the services of 168 muster‑roll employees after they remained absent for more than ten consecutive days, invoking Clause L‑2.12 of its Certified Standing Orders. The employees, represented by a union, filed writ petitions under Article 226 challenging the termination. T…

A teacher employed by a municipal school sought gratuity under the Payment of Gratuity Act, 1972, but the Gujarat High Court held that teachers are not "employees" within the meaning of section 2(e) and dismissed the claim. The Ahmedabad Private Primary Teachers' Association appealed, arguing that the definition of emp…

The Bombay Port Trust (BPT), an instrumentality of the State, engaged consultants to value its land and proposed a massive rent revision for its lessees, issuing notices of termination and higher rent. Lessees challenged the revision as arbitrary and violative of Article 14, leading a Single Judge to strike down the no…

The State of Rajasthan prosecuted Constable Shambhoogiri for accepting a bribe of Rs.200 from a complainant, PW‑1, after the Sub‑Divisional Magistrate (SDM) had taken a written complaint and the currency notes. The SDM noted the serial numbers of the notes, recovered them from the accused, prepared a recovery memo and …

P. Janardhana Rao obtained a decree for possession of his property in an ejectment suit filed in 1989. When the decree was executed, three persons (Kannan, Krishnan and Raji) obstructed his taking possession, prompting Rao to file a miscellaneous petition under Order 21 Rule 97 of the CPC for removal of the obstruction…

Randhir Singh and another were convicted under Section 306 read with Section 34 of the IPC for abetting the suicide of their wife, who allegedly died by self‑immolation within seven years of marriage. The prosecution proved that the accused repeatedly demanded additional dowry, threatened a second marriage, and harasse…

Savita Garg filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging that her husband, A.K. Garg, died due to medical negligence at the National Heart Institute. The Commission dismissed the petition on the ground that the treating doctors and nurses were not impleaded as p…

The case concerned the absorption of about 4,000 teaching and non‑teaching employees from 40 colleges that were converted from affiliated to constituent status under the Bihar State Universities Act, 1976. The State of Bihar (and later Jharkhand) challenged a High Court order directing the universities to absorb these …

The appellant filed a second criminal complaint under Section 200 of the CrPC after an earlier complaint was dismissed. The High Court allowed the second complaint, but the appellant argued it was a mere repetition and that the order to issue process was an interlocutory order that could not be revisited. The Supreme C…

Six accused, including A‑1 Ravi, formed an unlawful assembly armed with knives and sticks and, driven by a grievance over the death of a sister, entered the house of the victim Shanmugam, assaulted him and caused injuries that led to his death. The prosecution relied on eye‑witnesses (the victim's mother, PW2, and othe…

The Delhi Transport Corporation (DTC) dismissed several conductors, including Sardar Singh, for long periods of unauthorized absence, invoking Paragraphs 4(ii) and 19(h) of the Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952. The employees sought approval of the dismissals under…

The State of Orissa appealed against a single judge of the Orissa High Court who had quashed three petitions filed by the accused, Nalinikanta Muduli, under Section 482 of the CrPC, relying on the Patna High Court decision J.A.C. Saldanha (1979). The State contended that the cited decision had been overruled by the Sup…

The respondent, Shyam Lal, a conductor for Delhi Transport Corporation, was found to have collected fare without issuing tickets and, after departmental proceedings, admitted his guilt and was removed from service. The employer sought approval of the removal under Section 33(2)(b) of the Industrial Disputes Act, but th…

The Karnataka High Court had earlier ordered the registration of Cyril Lasrado as occupant of a land parcel under Section 48‑A of the Karnataka Land Reforms Act, 1961. After Cyril's death, a writ petition was filed nearly 19 years later challenging that order, but the petition was filed against the deceased and no noti…

The appellants, human‑rights activists including Teesta Setalvad, challenged certain remarks made by the Gujarat High Court in its judgment on the Best Bakery case, where the court disparaged the activists' credibility without giving them an opportunity to be heard. They sought deletion of those observations on the gro…

The case arose from the Best Bakery arson in Vadodara, where fourteen people were killed and the accused were acquitted by the trial court after key eyewitnesses turned hostile, allegedly due to political threats. Zahira Sheikh, an eyewitness, filed affidavits with the NHRC alleging coercion and the State sought to adm…

Canbank Financial Services engaged a share broker (Respondent No.2) to sell 10 lakh shares of Reliance Petro Chemicals Ltd. The broker received Rs. 2.90 crores as sale proceeds but failed to remit the amount to the appellant. The broker was later notified under Section 3 of the Special Court (Trial of Offences Relating…

The dispute arose from contracts for work where the parties had agreed to refer disagreements to arbitration. After a fresh award was made by a newly appointed arbitrator, the appellant sought to set aside the award, challenging several items including sales‑tax refund and loss‑of‑profit claims, and also argued that th…

The Medical Council of India (MCI) challenged interim orders issued by the Karnataka High Court that directed the Central Government to include seats of Rajiv Gandhi University of Health Sciences' medical college in the seat matrix despite the college not having its Section 10‑A permission renewed for the 2002‑03 acade…

The landlord sought possession of two shop premises to demolish and reconstruct them under Section 12 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960. After the landlord completed the work, he offered the rebuilt premises back to the tenants at a higher rent, but the tenants filed execution…

The appellant Narendra Singh was accused of murdering his wife Bimlabai by throttling her and then setting her body on fire, allegedly to conceal a dowry dispute. The trial court acquitted all accused, but the Madhya Pradesh High Court reversed the acquittal, convicting the husband under Sections 302/34 IPC and both th…

The Official Liquidator of Ambica Mills Ltd., a company under liquidation, sought the court’s permission to sell the company’s immovable assets and to distribute the proceeds, directing that the dues of ONGC Ltd. be paid first. The Textile Labour Association and another workers' union, representing workmen owed more th…

Dr. Sumitra Dash, an employee of the Post Graduate Institute of Medical Education and Research (PGIMER), was granted a two‑year ex‑India leave on the condition that she would not seek an extension. She failed to rejoin after the leave expired, was deemed to have permanently vacated her post, and faced disciplinary acti…

The appellant, N.K. Prasada, was respondent No.8 in two writ petitions filed as public interest litigations (PIL) in the Andhra Pradesh High Court alleging malfunctioning of the Commissioner of Central Excise and Customs. The High Court held that the petitions were engineered by the appellant to avoid a transfer order,…

The Union of India sought to set aside an arbitration award that granted damages to Mis. Banwari Lal & Sons for the use of a commercial property requisitioned under the Requisitioning and Acquisition of Immovable Property Act, 1952. The Act lapsed on 10‑Mar‑1987, after which the Court permitted the Union to remain in p…

The Supreme Court examined a batch of appeals challenging out‑of‑turn promotions granted to police personnel in Punjab and Haryana on the basis of bravery in anti‑terrorist operations or outstanding performance in sports. The promotions were effected by circulars and guidelines issued by the Director General of Police,…

The Supreme Court examined applications filed by two drug‑manufacturing companies, Sarabhai Common Services and Alembic Chemicals Ltd, challenging the manner in which ONGC Ltd calculated arrears of gas price differentials and claimed interest. The Court found that ONGC had not properly considered the applicants' demand…

The petitioners, who were temporarily promoted to Assistant Traffic Manager (ATM) positions under the A.P. State Road Transport Corporation's recruitment regulations, challenged their placement below direct recruits in the integrated seniority list of 1994. The core dispute was whether seniority should be determined by…

The appellants were convicted for the murder of two villagers after a violent mob attacked them with bombs and sharp weapons, subsequently burning the bodies. The prosecution alleged that the accused formed an unlawful assembly of five or more persons with a common object to kill the victims, and that each participant …

The case concerned a plot of land that the original owner, R.L. Jain, bought at a public auction on the basis that it lay outside a 1959 preliminary acquisition notification. The government later took possession of the plot in 1961 and awarded compensation, which Jain accepted under protest. He subsequently obtained a …

The landlord filed an eviction suit against the tenant, which was upheld by the Rent Controller and affirmed by the appellate authority. The landlord then sought revision under Section 15(5) of the East Punjab Rent Restriction Act, 1949, but a single High Court judge dismissed the revision. The tenant filed a review pe…

Mool Shankar Singh, an employee, claimed entitlement to a higher special allowance and made a representation which was rejected. He approached the High Court via a writ petition under Article 226, where the Court only directed that a representation be made and did not consider the grievance on its merits. Singh subsequ…

Police seized a truck carrying resin on the ground that the driver could not produce an export permit. The Forest Officer ordered confiscation of the truck under Section 59(2) of the Indian Forest Act, 1927 (as amended). The Additional Sessions Judge, on appeal, held that the officer lacked jurisdiction because the pro…

Andhra Bank, a "corresponding new bank" under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, issued a circular under Regulation 17(1) of its Officers' Service Regulations to promote certain Regional Managers to Assistant General Manager. Two officers (Respondents 1 and 2) challenged the cir…

The respondent, Sun Bright Marketing Pvt. Ltd., was awarded a contract to operate Indian‑Made foreign liquor shops but received its licence three days after the contract’s commencement. The shops were forced to close for three days each due to municipal elections, political agitation, and a three‑day delay in licence i…

The case concerned employees of the Kerala Water Authority who were either degree‑holders or diploma‑holders that later obtained a degree (AMIE) while in service. The respondents (diploma‑holders) challenged Kerala Engineering Service (General Branch) Rules 4 and 5, arguing that the rules denied them any weightage for …

T.N. Alloy Foundry Co. Ltd., a company incorporated under the Indian Companies Act, sued the Tamil Nadu Electricity Board and others for damages arising from non‑supply of electricity between 28 March 1983 and 16 October 1992. The suit was filed in March 1993, and in July 1998 the company sought to amend the plaint to …

In a motor accident, Sanjiv Kumar Jha died and his heirs obtained a compensation award of Rs. 3,91,500 from the Motor Accident Claims Tribunal, Bhagalpur. The insurer, New India Assurance Co., appealed, first to a Single Judge of the Patna High Court, which dismissed the appeal as non‑maintainable, and then via a lette…

The appellants, T. Shankar Prasad (Assistant Commercial Tax Officer) and Ghaiz Basha (Junior Assistant), were convicted under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 for demanding and receiving a bribe to issue way‑bills. The complainant paid the demanded amount to the junior assistant …

The petitioners challenged the preventive detention of the husband of A.C. Razia under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The detention order relied on statements and retractions recorded in Malayalam, but the Central Government, which considered the detenu…

The State of Tamil Nadu detained Kethiyan Perumal under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, relying on a Forest Officer's report. The detainee's wife filed a habeas corpus petition, arguing that the report did not state that the detainee's activities were highly dangerous to public or…

The Punjab State Electricity Board acquired land for a power project and, in 1994, announced a scheme to give priority employment to one member of each displaced family. The respondent’s name was placed on the list, but the Board later revised the policy, limiting eligibility to families whose land exceeded two acres a…

The State Industrial & Investment Corporation of U.P. Ltd. issued a recovery notice under the Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 against Pawan Kumar Jain, who was a guarantor of a loan advanced to a fourth respondent company. Jain challenged the notice, arguing that after a Central Government noti…

M/s. Gaurav Distributors (P) Ltd. purchased ball bearings that had been exported by SKF Bearing (I) Ltd. under export bonds and re‑imported them in March 1995. The appellant claimed exemption from customs duty under the proviso to Section 20 of the Customs Act, 1962, arguing that the phrase "goods exported in bond" sho…

Sanjay Kumar Jain, a Group‑C employee of Indian Railways, qualified in the written test for promotion to Group‑B but was declared medically unfit (visually handicapped) and denied the viva voce test. He challenged the denial before the Central Administrative Tribunal, which held that refusing promotion on the basis of …

The plaintiff, the executors of P.K. Chowdhury, purchased two flats from the developer and, after a variation of the agreement, was handed possession of the incomplete flats in May 1967, with the keys and authority to construct permanent partitions, doors and windows at his own cost. The plaintiff paid the majority of …

The respondent, a clerk‑cum‑cashier of Allahabad District Co‑operative Bank, was suspended and subjected to a disciplinary inquiry for alleged embezzlement. The inquiry officer recommended termination, but the Administrative Committee initially proposed a lesser punishment of withholding two increments and recording an…

The Supreme Court examined whether the Ananda Marga sect's performance of the Tandava dance in public processions is an essential or integral part of its religion protected by Articles 25 and 26 of the Constitution. The sect, founded in 1955, introduced the dance in 1966 and later prescribed it in the 1986 edition of i…

Dr. B. Singh filed a petition under Article 32 of the Constitution challenging the appointment of a High Court judge on the basis of newspaper clippings and an affidavit that did not disclose the source of the allegations. The petitioner offered no personal knowledge, did not investigate the truth of the claims, and fa…

IPCA Laboratory Ltd., an export house, exported self‑manufactured goods (earning a profit of Rs 3.78 crore) and trading goods (incurring a loss of Rs 6.86 crore). It claimed a deduction under Section 80HHC of the Income Tax Act for the profit, having issued disclaimer certificates to supporting manufacturers for the tr…

Customs detained an Uzbek national who was found carrying a large quantity of Diazepam tablets and she admitted the possession in a statement under Section 67 of the NDPS Act. The Special Court denied bail, but the Delhi High Court granted bail, holding that the prosecution had not produced material showing the tablets…

The petitioners, Express Publications (Madurai) Ltd. and another, challenged the constitutionality of Paragraph 80(2) of the Employees' Provident Fund Scheme, 1952, which exempts newspaper employees from the income‑ceiling test for PF benefits. They argued that the provision arbitrarily singled out the newspaper indust…

Madhav Mareshwar Bhokarikar, a practising advocate, obtained a dealership for petroleum products and later entered into a partnership with his brother, remaining a sleeping partner. The State Bar Council, after finding him guilty of professional misconduct under s.35(3)(c) of the Advocates Act, 1961, suspended his lice…

Sanwar Mal, a former Class‑IV employee of UCO Bank who resigned in 1988, sought to join the bank's Employees' Pension Scheme introduced in 1995 under a 1993 settlement. The bank refused, invoking Regulation 22 which disqualifies any employee who has resigned, been dismissed or removed from pension benefits. The employe…

The appellant, Pied Ade Filomena Gonsalves, replaced a thatched-roof beach structure with a pucca building on her property in Colva, Goa, between 13-17 July 1994. Two writ petitions were filed: a neighbor’s petition (CWP 76/1995) seeking demolition of the new building, and the appellant’s petition (CWP 237/1999) seekin…

The appellant, A-1, assaulted the victim PW-3 with a weapon, causing injuries that were classified as simple hurt. The trial court acquitted A-1, discarding the testimony of several eyewitnesses on the ground that they were friendly with the victim and deeming their evidence not cogent. On appeal, the Karnataka High Co…

The appellant, Raju Pandurang Mahale, lured the prosecutrix to the house of another accused by false pretence, locked the door from outside, supplied liquor and forced her to consume it, after which she was assaulted, forcibly disrobed and raped by another accused while nude photographs were taken. The trial court conv…

The landlord, Mis. Atma Ram Properties (P) Ltd., filed an eviction suit under the Delhi Rent Control Act alleging illegal sub‑letting by the tenant, Mis. Federal Motors Pvt. Ltd. The Rent Controller ordered eviction, which the tenant appealed to the Rent Control Tribunal under Section 38. The Tribunal stayed the evicti…

The appellant, a small‑scale manufacturer of gear boxes and related components, opted for the MODVAT scheme in 1986‑87 and 1987‑88 and claimed input credit on iron and steel inputs. After obtaining a classification list, it cleared its finished products at a concessional duty rate under Notification No. 175/86/CE. The …

The appellants challenged a Bombay High Court order that dismissed a writ petition concerning the eligibility of respondent No. 2 for the post of Chief, Town and Planning Division without giving any reasons. The Supreme Court held that a non‑speaking order violates the principles of natural justice because it deprives …

The appellants, who had been in possession of land since 1938, challenged a 1978 order under Section 71A of the Chota Nagpur Tenancy Act that restored possession of the land to a Scheduled‑Tribe claimant alleging fraudulent transfer. The Supreme Court examined whether Section 71A could be applied retrospectively to a t…

The State prosecuted Mast Ram for murder under IPC 302, alleging he shot the deceased Uttam Chand with a double‑barrel muzzle‑loaded gun. The trial court, relying on eyewitness accounts, a post‑mortem report, a ballistic expert report and a spot‑inspection that placed the victim within firing range, convicted the accus…

The State prosecuted T. Venkatesh Murthy, a public servant, under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. Although a sanction was granted by the Superintending Engineer of the Karnataka Electricity Board, the trial court held that the sanction was insufficient under the Board's 1987 Re…

The deceased Shiv Shankar Singh was attacked and killed with lathis fitted with iron rings after being intercepted on a motorcycle by the appellants. Three eye‑witnesses, who were friends of the deceased, testified to the assault, and a post‑mortem showed head injuries and an empty stomach. The appellants challenged th…

ITC Ltd, a cigarette manufacturer, printed the maximum retail price (MRP) on its packs as required by the Standards of Weights and Measures Act and the Packaged Commodities Rules. The Revenue alleged that the printed MRP was false, that ITC under‑priced its cigarettes to evade excise duty, and imposed penalties. The Ce…

The Union of India appealed against a Guwahati High Court decision that held all offences under the Railway Property (Unlawful Possession) Act, 1966 to be bailable. The Supreme Court examined the proviso to Section 8(2) of the Act and clarified that it merely gives the railway officer two options—admit to bail or forwa…

The appellants were intercepted in Surat in 1988 with 180 detonators and were charged under Section 9-B(i)(b) of the Explosives Act, 1884 and Section 5 of TADA, 1985. The trial court convicted them only under the Explosives Act, sentencing each to one year imprisonment and a fine of Rs.1,000; the High Court affirmed th…

The complainant alleged that Border Security Force personnel, including the appellants, entered his shop, demanded Rs 10,000 as illegal gratification, ransacked the premises, seized goods and documents, and threatened him, constituting offences under IPC sections 395, 447 and 506. The appellants claimed that their acti…

The respondent filed a complaint under Section 138 of the Negotiable Instruments Act against five partners of a firm for the dishonour of a cheque. The complaint did not specifically allege that the accused partners were in charge of or responsible for the firm’s business. A magistrate discharged the accused for lack o…

The employee R.B. Sharma, a manager of State Bank of India, was suspended and faced both a departmental inquiry under the SBI Officers Service Rules and a criminal prosecution under the IPC for alleged fraud involving large sums. The employee obtained a stay of the departmental proceedings from the Delhi High Court, wh…

The case concerned a suit filed by Ramiah in 1984 for possession of 1 acre 21 gunthas of land, after a previous decree in 1971 that had awarded possession to N. Narayana Reddy. The trial court and High Court dismissed the suit as barred by limitation, holding that the suit was filed 13 years after the appellant’s ouste…

The appellants, 100% Export Oriented Undertakings (EOUs) manufacturing cotton yarn from indigenous raw material, were required to pay Basic Excise Duty (BED) under the Central Excise Act, 1944 and Additional Excise Duty (AED) under the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978. Notification …

The Supreme Court examined an appeal by Dhian Singh and his paternal uncle against convictions for dowry death and concealment of evidence. The first appellant was found guilty under Sections 304‑B and 201 of the IPC for causing the death of his wife, Shinder Kaur, by burning her after demanding dowry, with the court a…

The Directorate of Education, Delhi, invited tenders to set up computer labs in government schools. After earlier tenders with low turnover thresholds failed, it imposed a Rs 20 crore turnover requirement for the 2002‑03 tender, citing the large scale of the project (over Rs 100 crores) and the need for financially sta…

The case arose from a violent clash over a disputed passage construction in Uttar Pradesh, resulting in three deaths and several injuries. Twenty‑four persons were charged; the trial court convicted seven under Sections 302 and 307 read with Section 149 IPC, while the High Court affirmed those convictions, acquitted fi…

The appellants, Dhanaj Singh @ Shera and others, were convicted for murder under Section 302 read with Section 34 of the IPC. They contended that the police investigation was defective – forensic samples were not sent for chemical or ballistic analysis and several potential witnesses were not examined – and that the ey…

The appellant, Koppula Venkat Rao, was convicted of rape for allegedly forcing a teenage girl into a cattle shed, dragging her onto his bicycle, and ejaculating before any penetration occurred. The trial court and High Court upheld the conviction under Section 376 IPC, treating ejaculation as the consummating act of se…

Mukand Ltd. entered into several settlements with the Mukand Staff and Officers' Association, asserting that many of its employees were not "workmen" under the Industrial Disputes Act, 1947. A dispute was referred to an Industrial Tribunal, which awarded wage increases and other benefits to both workmen and non‑workmen…

The Union of India, as successor to the Coal Board, was statutorily obligated under Section 9 of the Coal Mines (Conservation and Development) Act, 1974 to provide stowing assistance to the coal company, while the coal company owed royalty for sand extracted for stowing under a mining lease. The Government sought to re…

The appellants were convicted of rape under Section 376(2)(g) IPC based largely on the testimony of the prosecutrix, a minor girl, while other witnesses turned hostile. On appeal, the Supreme Court examined whether a prosecutrix's testimony can be relied upon without corroboration and whether the evidence established t…

The appellant, K. Kunhambu, purchased a saw‑mill business and obtained a lease of lands that were expressly for running a saw‑mill and other industrial activities. He applied for occupancy rights under Sections 45 and 48A of the Karnataka Land Reforms Act, 1961, claiming he was a tenant cultivating the land. The Taluk …

The father of the deceased filed a complaint alleging that the appellants demanded additional dowry, tortured the victim and caused her death. A magistrate conducted an inquiry under Section 202 CrPC, during which an eye‑witness (PW 1) gave a statement that was later recorded. At trial PW 1 was declared hostile and the…

The Seedsman Association of Hyderabad and two seed companies filed a writ petition under Article 226 challenging the levy of market fee under Section 7 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 on seeds they produce, process and market. They contended that seeds are not meant for huma…

The appellant, the U.P. Commissioner of Trade Tax, challenged the High Court’s order allowing Mis D.S.M. Group of Industries to claim a trade‑tax exemption under a 1997 Notification. The dispute centered on whether a "unit" for purposes of expansion, modernization or diversification meant each individual plant or the i…

The father, a tenure‑holder, executed a sale agreement for agricultural lands that were part of a consolidation proceeding and were recorded solely in his name. The plaintiff sued for specific performance, while the father (deceased) and his sons argued that the father could not sell the entire land because the sons we…

The employee, Sarvesh Berry, was found by the CBI to possess assets disproportionate to his known sources of income, leading to a criminal case under the Prevention of Corruption Act, 1988 and a departmental enquiry under Hindustan Petroleum's conduct and discipline rules. Berry filed a writ petition seeking a stay of …

The plaintiff claimed title to a Delhi property, alleging it was his private property purchased from the Maharaja of Kapurthala, while the Union of India and others contended it was State property of Kapurthala. The Court examined the 1947 Instrument of Accession, the 1948 covenant, and subsequent correspondence, findi…

Hari Ram was convicted of murder under Section 302 read with Section 34 of the Indian Penal Code for the killing of his brother-in-law, Kundan Lal, over a land dispute. The prosecution relied on the testimony of two eyewitnesses, who were relatives of the deceased, to establish that Hari Ram brandished a pistol and, to…

The appellant, accused of fratricide, shot his brother from about 35 feet after a verbal quarrel over the brother's dogs. The trial court convicted him under Section 302 IPC (murder) and sentenced him to life imprisonment, a decision upheld by the High Court. On appeal, the Supreme Court examined whether the incident f…

The appellant, Sridhar Bhuyan, was convicted of murder under Section 302 IPC for stabbing the deceased during a quarrel over an eve‑teasing incident. The trial and High Courts upheld the conviction, but the appellant contended that the killing occurred in a sudden fight and fell under Exception 4 to Section 300 IPC, wh…

The Supreme Court examined two civil appeals concerning applications under Section 8 of the West Bengal Land Reforms Act, 1955 for enforcement of a statutory right of pre‑emption. The respondents claimed that the applications were barred by limitation, while the appellants argued that Section 5 of the Limitation Act, 1…

Jagdish Ram, a District Ayurvedic Officer, was charged under Section 7 of the Protection of Civil Rights Act, 1955 for allegedly practicing untouchability. The police investigation concluded the complaint was false, but the magistrate, after a second complaint, took cognizance and issued process. The accused repeatedly…

The deceased woman, Sherifa, married in 1989, allegedly faced mental and physical harassment from her husband for not receiving the full dowry of Rs.35,000. On 29 August 1991 she jumped into an uncovered well, resulting in her death, which the prosecution claimed was a suicide linked to dowry harassment. The trial cour…

Vasant Vithu Jadhav, a police constable, fired a rifle at his colleague Vilas from a distance of 6-8 feet while the victim slept, causing only simple hurt as the bullet fragmented. He was convicted by the High Court under Section 307 of the Indian Penal Code for attempted murder and sentenced to ten years' rigorous imp…

Shankar Narayan Bhadolkar invited the deceased to a dinner and, after the meal, shot him at close range with a loaded gun, causing instantaneous death. The appellant then wrapped the body in a gunny bag and disposed of it in a well. He pleaded that the killing was accidental, invoking Section 80 IPC, or alternatively t…

The appellant, Mis. Peico Electronics, terminated the dealership of its second dealer (R‑2) under Clause 29 of a standard form agreement. R‑2 complained before the MRTP Commission alleging several restrictive trade practices, including territorial allocation, discrimination, and a clause (Clause 7) that allowed the com…

The Municipal Board of Rishikesh amended its bye‑law to prohibit the sale of eggs within the municipal limits, adding "eggs" to an existing ban on meat and fish. The appellants challenged the amendment, arguing that the board lacked authority because "eggs" were not listed in Section 298(2) List I Heading F of the U.P.…

The appellants, Vasantiben Prahladji Nayak and others, sued the respondents, S.J. Nayak and others, for declaration of title, possession and injunction over ancestral land. The respondents claimed ownership by adverse possession, arguing the suit was barred by limitation. The lower courts held in favour of the responde…

S.L. Chadha, a government employee who joined service in 1983, had his date of birth recorded as 19‑06‑1944. In 1995 he applied, under a 1994 notification, to change it to 13‑12‑1945, and the Deputy Commissioner’s enquiry supported his claim, but the State Government rejected it. The Punjab High Court, hearing a writ p…

The appellants, convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985, had pending appeals when the NDPS (Amendment) Act, 2001 came into force on 2‑October‑2001. Section 41(1) of the amendment applied the new graded‑sentence regime to all pending cases except those "pending in appeal". The appellants…

Respondent No. I filed a writ petition in the Bombay High Court challenging a show‑cause notice issued by the Special Director of the Enforcement Directorate under the Foreign Exchange Regulation Act, 1973 and the Foreign Exchange Management Act, 1999, and sought an interim injunction restraining further investigation.…

The Supreme Court examined a dispute among partners of the unregistered liquor‑trading firm Mis Ashok Traders, where a partner of Group A sought an interim order under Section 9 of the Arbitration and Conciliation Act, 1996 for the appointment of a receiver. The trial court dismissed the application on the ground that …

The respondents, Mis Emkay Investments Pvt. Ltd. and M/s Plyking, manufactured plywood under their own brand “Pelican” but also affixed the registered logo “MERINO”, owned by the large‑scale manufacturer M/s Merinoply and Chemicals Ltd., on the same goods. The Commissioner of Central Excise denied them the Small Scale …

Seven accused, including Hari Badan Rai, were tried for the murder of Ram Krishna Singh and the concealment of his dead body under Sections 302, 201 and 34 of the IPC. The prosecution proved that the accused attacked the victim with weapons, disposed of his body in a river, and that a decomposed head and bones recovere…

The Central Bureau of Investigation appealed against the Allahabad High Court’s order that quashed the murder‑conspiracy charges against Akhilesh Singh, a co‑accused in the killing of badminton player Syed Modi. The main accused, Dr. Sanjay Singh, and the deceased’s wife were earlier discharged, and the Supreme Court h…

Thangaiya was convicted of murder for striking the deceased with a small stick, causing his death. The trial and High Courts upheld the conviction under Section 302 based on eyewitness testimony, including that of a "chance witness". On appeal, the Supreme Court examined whether a single blow with a small stick in a di…

The landlord Amar Kaur filed an eviction petition under the East Punjab Urban Rent Control Act alleging that the tenant's son, Joginder Singh Sodhi, occupied the shop as a sub‑tenant without the landlord's written consent. The Rent Controller, Appellate Authority and High Court found that the deceased father, Mukand Si…

A dispute over crop damage led the accused to surround and beat the deceased with lathis and axes, causing his death. The trial court convicted the accused under Section 302 (murder) read with Sections 149, 148 and 341 IPC. The Rajasthan High Court altered the conviction to Section 304 Part I (culpable homicide not amo…

The case concerned several Maharashtra sugar‑co‑operative societies that deducted amounts from the cane price payable to their farmer members as non‑refundable and refundable deposits and as contributions to various funds. The Income Tax Department treated these deductions as trading receipts and taxed them under the I…

The State of Rajasthan appealed the acquittal of IKBAL HUSSEN, whose trial for offences under the IPC had been pending for six years. The trial court had closed evidence and acquitted him based on the decisions in Raj Deo Sharma and Common Cause, which prescribed limitation periods for criminal trials. The Rajasthan Hi…

The landlord filed an eviction suit under the Madhya Pradesh Accommodation Control Act, 1961 alleging default in rent, illegal sub‑letting and a bona‑fide requirement for the premises. The trial court and the first appellate court upheld the landlord’s claim of genuine need and decreed eviction. On second appeal, the t…

Landlords filed a suit for ejectment against Smt. Sudha Rani Garg under Section 106 of the Transfer of Property Act, claiming the tenancy was at will. The tenants contended that the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 applied, which provides a ten‑year exemption from evict…

The appellants, Sri Narayan Saha and another, were convicted under IPC sections 376 read with 34 for raping a married woman (PW‑3). The victim reported the crime five days after the incident, and the medical examination was inconclusive due to profuse bleeding. Both the trial court and the High Court upheld the convict…

The State of Rajasthan charged Khuma with murder under Section 302 of the IPC, and the trial court convicted him based on three circumstantial points: he was allegedly the last person seen with the deceased, he was found in possession of incriminating items at arrest, and blood‑stained articles were recovered after he …

The Management of M/s Devi Theatre filed a first appeal under Section 96 of the Code of Civil Procedure against a decree, and the Karnataka High Court admitted the appeal on the condition that the appellant deposit Rs. 75,000 within eight weeks, otherwise dismissing the appeal. The appellant failed to make the deposit …

Dalbir Singh was tried for the murder of his wife and two daughters and was convicted under Sections 302 and 498A of the IPC, while being acquitted of Section 304B. The High Court upheld the conviction under Section 498A and found that the evidence supported a conviction under Section 306 (abetment of suicide) but held…

The State of Gujarat amended the Bombay Motor Vehicles Tax Act, 1958 (via Gujarat Act No.9 of 2002) to impose a higher tax on "designated omnibuses" (contract carriages) and to require advance payment with a refund mechanism for non‑use. Bus operators challenged the amendment, alleging violation of Articles 14, 19(1)(g…

The Supreme Court examined the constitutionality of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, enacted to facilitate speedy recovery of non‑performing assets. The Court held that the Act is valid and serves a public‑interest goal of improving liquidity, but…

The accused were convicted of murder under Section 302 read with Section 34 of the IPC. The trial court records were destroyed in a fire, and the High Court, after a long delay, concluded that reconstruction was impossible and ordered the acquittal of the accused. The Supreme Court held that the High Court erred by not…

Hari Mohan Mandal was convicted of offences under Sections 302 and 307 of the Indian Penal Code for a violent altercation that resulted in the death of Narayan Mandal and injuries to other witnesses. The appellant challenged the reliability of eyewitness testimony, argued that the injuries he inflicted were merely simp…

Reema Aggarwal married Anupam while his first wife was alive and was subsequently harassed for dowry by Anupam, his parents and brother, who forced her to ingest poison. She reported the incident and the accused were charged under IPC Sections 307 (attempt to murder) and 498A (dowry harassment). The trial court acquitt…

The appellant Alakh Ram was charged under Sections 8 and 20 of the NDPS Act for allegedly planting ganja in his agricultural field. The police seized 17 ganja plants from the field and the trial court convicted him, imposing three years’ imprisonment, a decision affirmed by the High Court. On appeal, the Supreme Court …

The case concerned an election conducted under the Punjab Municipal (President and Vice‑President) Election Rules, 1994, where voting was by show of hands. One member, Sher Singh, voted for the respondent and his vote was recorded and counted. The presiding officer later ordered a re‑poll, claiming it was a recount of …

The Collector of Customs appealed against the orders of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) which had allowed two importers, Mis. Maruti Udyog Ltd. and Mis. Maestro Motors Ltd., to claim exemption under customs notifications. The Court examined whether goods imported in completely knocked …

The Supreme Court considered applications filed by the purchaser of Bengal Paper Mills' assets seeking clarification of its earlier judgment that ordered a refund of the Rs.2 crore purchase price but denied interest. The Court examined whether interest could be awarded under Order XXI Rule 93 of the CPC and whether res…

The plaintiff, Chidambaram, entered into a sale agreement on 14‑June‑1979 to purchase a premises, but the vendor failed to deliver title. While the suit for specific performance was pending, the vendor purportedly sold the same property to Sargunam on 29‑Nov‑1979, allegedly under a prior agreement dated 15‑Apr‑1978. Th…

Essar Oil Ltd. imported plant and machinery stored in a private bonded warehouse and, fearing a budgetary duty increase, issued a cheque on 25‑Feb‑1999 declaring sufficient funds despite knowing the funds were unavailable. The cheque was presented on 27‑Feb‑1999, returned unpaid, and only honoured on 17‑Mar‑1999 after …

The petitioners challenged a Madras High Court judgment that a Letters Patent Appeal under Clause 15 was not maintainable against an order of a single High Court judge hearing an appeal. The Supreme Court examined the interplay between Section 104(1) and (2) of the Code of Civil Procedure, the saving provision in Secti…

Zile Singh, a sitting municipal member, was held disqualified under Section 13A(1)(c) of the Haryana Municipal Act, 1973 after the birth of his third child in August 1995. The disqualification arose from the First Amendment (1994) which barred persons with more than two living children, but its proviso contained a draf…

Two senior translators of the Bombay High Court were accused of demanding bribes after a complaint by an advocate. An enquiry officer found them not guilty, but the disciplinary authority disagreed, issued a tentative decision, sought their explanations, and ultimately dismissed them. The appellants contended that they…

The appellant, a landlord, owned a building in Shimla and initially evicted the tenant from the first floor in 1984. By a 1986 compromise the tenant vacated the first floor and took the ground floor. In 1993 the landlord, citing his wife's relocation and his child's education, sought eviction of the tenant from the gro…

Citibank sold IRFC bonds to Standard Chartered Bank (SCB) and issued a Banker’s Receipt (BR) which SCB later returned with an endorsement, also handing over a non‑transferable BR issued by CANFINA. SCB then demanded delivery of the bonds from Citibank, leading to suits in a Special Court. The Special Court held Citiban…

The Supreme Court examined the illegal presence of hazardous and non‑conforming industrial units in residential zones of Delhi, which violated the Delhi Master Plan, the Delhi Development Act, 1957 and the National Capital Region Planning Board Act. The State Government had sought extensions and in‑situ regularisation …

The Vedanta Sthapna Sabha, a society that constructed a temple with contributions from its members and the government, applied under Section 63(b) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, seeking a declaration that it was the hereditary trustee of the temple. The Deputy Commissioner dismis…

The State of Gujarat and an accused, Tulsibhai Bhikhabhai Tadvi, filed applications seeking modification of a Supreme Court judgment that ordered a fresh trial of the Zahira Habibullah Sheikh case outside Gujarat. They contended that such a transfer was unlawful, alleging lack of a specific prayer, violation of Section…

Allergan Inc., a multinational pharmaceutical company, sued Milment oftho Industries for passing off over the mark "OCUFLOX" used on eye‑care medicines, claiming it was the first global user of the mark since 1992. The Calcutta High Court initially granted an interim injunction to Allergan, later vacated it on the grou…

Mahanagar Telephone Nigam Ltd. (MTNL) received a show‑cause notice from the Central Board of Direct Taxes and approached the Delhi High Court by filing a writ petition, despite a High Power Committee (HPC) having advised it to await an appealable order and not to approach the court. The Supreme Court held that the HPC’…

The appellant, Ajmer Kaur, challenged the revenue authorities' re‑determination of her father Daya Singh's land holdings under the Punjab Land Reforms Act, 1972. The Collector had initially declared 3.12 hectares surplus in 1976, an order that became final after the appeal was dismissed in 1979. After the death of Daya…

The landlady and her two sons, owners of a premises leased to the Wadia Institute as a guest house, obtained a partial eviction decree for the ground floor on grounds of bona fide requirement. While appeals were pending, the District Magistrate of Nainital arbitrarily allotted the entire premises to the Director Genera…

The Supreme Court considered whether the sales‑tax exemption granted to industrial units under Bihar’s 1995 Industrial Policy (S.O. 478 dated 22‑12‑1995) survived the bifurcation of Bihar and the creation of Jharkhand. The Court held that Sections 84 and 85 of the Bihar Reorganisation Act, 2000 expressly continue all l…

T.T.G. Industries Ltd. entered into a contract with Bhilai Steel Plant to design, supply, and erect hydraulic mudguns and tap‑hole drilling machines. Components were imported and some were manufactured at its Chennai factory, then shipped to the steel plant where they were assembled on a concrete platform 25 feet above…

The appellant, Gajraj Jain, a director of Mis Katihar Flour Mills, challenged the sale of the company's flour mill assets by Bihar State Credit and Investment Corporation Ltd (BICICO) to Stichworth Exports Pvt Ltd. BICICO, as the first charge holder under the State Financial Corporation Act, 1951, had taken possession …

The father filed a petition under Section 125 of the CrPC for maintenance against his son in the Siwan court. The son, who was practicing and residing in Patna, applied for transfer of the case, arguing that Siwan lacked jurisdiction because the maintenance respondent lived elsewhere. The High Court rejected the transf…

The Assam State Legislature enacted the Bharat Hydro Power Corporation Limited (Acquisition and Transfer of Undertaking) Act, 1996 to acquire a stalled hydro‑electric project and vest it in the State Electricity Board. The appellants, Bharat Hydro Power Corporation Ltd. and its partner, challenged the Act as ultra vire…

Ashok Leyland Ltd., a manufacturer of commercial vehicles, filed Form F under Section 6A(2) of the Central Sales Tax Act, 1956 claiming that transfers of goods to its regional offices were stock transfers, not inter‑State sales. The Tamil Nadu assessing authority accepted the Form F, but later reopened the assessment, …

R. Vishwanatha Pillai was appointed to posts reserved for Scheduled Castes on the basis of a caste certificate that was later found to be false. An anthropological enquiry and a Scrutiny Committee confirmed that he did not belong to a Scheduled Caste, leading to the cancellation of his appointment. The Supreme Court he…

The appellants, Janki Vashdeo Bhojwani and another, claimed co‑ownership of a residential plot attached by the Debt Recovery Tribunal in a loan recovery suit and asserted that they had contributed to its purchase from independent income, including foreign remittances under the 1991 Foreign Exchange (Immunity) Scheme. T…

The appellant Israr and his co-accused Afzal were convicted for the murder of Zamil Ahmad under Section 302 read with Section 34 of the IPC. The prosecution relied on the dying declaration of the deceased and the testimony of four eye‑witnesses, who were relatives or friends of the victim, as well as medical evidence s…

Sunita Devi filed a complaint alleging assault, attempted rape and robbery by Anuj Kumar and others. Anuj Kumar obtained anticipatory bail under Section 438 of the CrPC from the Patna High Court, which granted him an unconditional, unlimited protection. Sunita Devi appealed, contending that such blanket protection cont…

The appellant, Harinarayan G. Bajaj, bought shares through broker Rajesh Meghani but failed to pay for them. The National Stock Exchange (NSE) declared the broker a defaulter and the broker referred his claim for the unpaid amount to arbitration under NSE by‑laws. The arbitral tribunal awarded the broker Rs 3,46,89,636…

The Supreme Court examined a dispute over property dedicated as a Dharmachatram (choultry) by a Hindu donor in 1805. The plaintiffs claimed occupancy as trustees, while the defendants asserted title obtained through a court sale. The Court held that such dedication creates a charitable endowment, not a trust, and there…

The case involved two brothers, Sachchey Lal Tiwari and Bachchey Lal Tiwari, who were charged with murder of two sons of Achhaiber Misra after a dispute over a field demarcation line. The trial court convicted both under s.302 IPC, sentencing Sachchey to death and Bachchey to life imprisonment. The Allahabad High Court…

The Anti‑Corruption Bureau investigated M. Adinarayana under the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income and for acquiring property without prior intimation, and referred the matter to the Tribunal for Disciplinary Proceedings (TDP). The TDP found him guilty of two …

The appellant, a subordinate judicial officer, was ordered by a High Court Single Judge to expedite a criminal trial and to explain delays. After the trial judge submitted a detailed written explanation citing massive case pendency, witness numbers, and administrative bottlenecks, the High Court dismissed the accused’s…

Eagle Flask Industries Ltd imported plastic powder, plastic components and glass refills and paid octroi under protest, seeking a refund of the excess duty. The Talegaon Dabhade Municipal Council levied the duty under the Maharashtra Municipalities (Octroi) Rules, and the High Court dismissed the writ petition, directi…

The Supreme Court considered appeals by L.S. Synthtics Ltd. against orders of the Special Court under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992, which had directed the appellant to pay a sum of Rs 34,99,900.68 with interest to the Custodian on behalf of the notified party, …

The appellant, Mukesh K. Tripathi, was appointed as an Apprentice Development Officer in LIC and was terminated during his apprenticeship without notice. He claimed that his dismissal violated Section 25F of the Industrial Disputes Act, 1947, arguing that he was a "workman" within the meaning of Section 2(s). The Supre…

The respondent, Siri Niwas, claimed that he had worked for more than 240 days in the twelve months preceding his termination by the Municipal Corporation, Faridabad, and therefore his retrenchment was illegal under Section 25F of the Industrial Disputes Act, 1947. The Industrial Tribunal found that he had worked only 1…

Raghunath G. Waingankar claimed a pension under the Goa Freedom Fighters Scheme, asserting participation in the Goa Liberation Movement and a bullet injury, but lacked primary documentary proof and relied on a certificate and newspaper cuttings. The State Government rejected his claim, and the High Court, invoking its …

The appellant, a candidate for the Bihar Judicial Services Competitive Examination, obtained 35 marks in the General Science paper and, after a routine scrutiny found no error, petitioned the High Court for re‑evaluation of his answer‑book. The Single Judge directed the answer‑book to be re‑evaluated by expert teachers…

The appellants, Gopaldas Udhavdas Ahuja and his widow, were found to possess primary gold that had been seized by Income‑Tax authorities in August 1974 and subsequently taken over by a Gold Control Officer under the Gold (Control) Act, 1968. They claimed they were unaware of the gold hidden in a secret compartment and …

The accused, a senior police officer, was alleged to have assaulted and caused the death of a man in a hotel swimming pool. The trial court acquitted him, finding the medical evidence and witness testimony insufficient, while the Karnataka High Court set aside the acquittal, convicted him under Sections 302, 304(II), 2…

The State of Orissa prosecuted Rajendra Tripathy and others for unlawful possession of heroin under Sections 18 and 21 of the NDPS Act. The trial court convicted them, but the Orissa High Court acquitted on the grounds that the seizure memo contained a corrected name and that the prosecution failed to explain the safe …

V.P. Patil was accused of murdering his first wife Suman. The prosecution relied on motive, the accused's suspicious conduct, extra‑judicial confessions to two witnesses, blood‑stained articles, the mangalsutra and blood found in the accused's nail clippings, and a medical report indicating death by sub‑dural hematoma.…

The consumer purchased paddy seeds that failed to germinate, resulting in loss of crop. He sued the seller under the Consumer Protection Act, 1986, seeking a refund and compensation. The District Forum ordered both refund and damages; the Karnataka State Consumer Disputes Redressal Commission modified the order, granti…

The Karnataka High Court stayed the operation of an order of reference that had sent certain work‑men’s disputes to the Industrial Tribunal. While the stay was in force, the employer dismissed the work‑men for serious misconduct and the work‑men filed a complaint under Section 33A of the Industrial Disputes Act, 1947, …

The State of Andhra Pradesh appealed against a Division Bench of the Andhra Pradesh High Court that had struck down Andhra Pradesh Motor Vehicles Rules 297‑A(1)(c) and 297‑A(6)(f) as ultra vires the Motor Vehicles Act, 1988 and Article 19(1)(g). The respondents, holders of contract‑carriage permits (Sec. 74) and all‑In…

Tata Motors Ltd., a manufacturer of motor vehicle chassis and parts, claimed a set‑off of sales tax for purchases of steel that later became scrap, invoking Rules 41D and 41E of the Bombay Sales Tax Rules. The Maharashtra Sales Tax Laws (Levy, Amendment and Repeal) Act, 1989 retrospectively withdrew that set‑off benefi…

The appellant, Satyam Infoway Ltd., had registered several domain names containing the word ‘Sify’ in 1999 and built a substantial reputation as an internet services provider. The respondent, SiffyNet Solutions Pvt. Ltd., began using similar domain names with ‘Siffy’ in 2001‑2002 and the appellant sued for passing off,…

The appellant (Vendee) purchased land through a registered sale deed executed by a person claiming to hold a general power of attorney (GPA) for the owner. After commencing construction, another individual asserted that he was the true GPA holder and filed suits for possession. The trial court granted an injunction to …

The State of Mizoram issued a notification withdrawing the revised pay scales for Executive Engineers and Superintending Engineers, prompting the Mizoram Engineering Service Association to file a writ petition seeking the quashing of the notification and the grant of higher pay scales to Chief Engineers and Additional …

The appellants were convicted of murder (IPC 302) and related offences (IPC 326, 324) based largely on the testimony of a single eye‑witness (PW‑1) whose evidence was held by the trial and high courts to be not wholly reliable, while two other eye‑witnesses turned hostile. The appellants challenged the convictions, arg…

The Gupte Cardiac Care Centre & Hospital filed a suit in Nashik seeking recovery of Rs.28.35 lakh after a heart‑lung machine purchased from a German manufacturer and its Indian dealer performed unsatisfactorily. The dealer, Olympic Pharma Care Pvt. Ltd., filed a suit in the Delhi High Court for the balance price of Rs.…

The appellant, a director of a Maharashtra cooperative society, was the sole nominee for the post of Chairman. The returning officer refused to declare him elected because the quorum for the special meeting was not met, despite the nomination being in order and unwithdrawn. The appellant filed a writ petition seeking a…

The appellant, an elderly woman, was assaulted and had valuables stolen during a mob attack on a railway train. She claimed the Railway administration failed to provide protection, constituting deficiency in service, and filed a complaint before the Maharashtra State Consumer Commission, which awarded compensation. The…

The legal heirs (respondents) sued the appellant for declaration of title and possession of certain land; an earlier suit had only sought title and injunction. The appellant later filed a suit for recovery of possession and mesne profits, claiming he was a cultivating tenant and seeking compensation for improvements un…

The petitioners sought disclosure of the Atomic Energy Regulatory Board's (AERB) safety report under the right to information, claiming that Section 18 of the Atomic Energy Act, 1962, which restricts disclosure of nuclear information, was ultra‑vires and lacked guidelines. The Union of India contended that the right to…

Pearlite Liners Pvt Ltd. transferred the respondent, a trainee accountant later promoted, from its head office to a sales office. The employee refused to comply, was absent, and a chargesheet was issued. She filed a suit seeking a declaration that the transfer order was void, that she remained in service, and an injunc…

The case concerned a claim for compensation by the family of a 16‑year‑old who died as a gratuitous passenger in a goods vehicle insured by National Insurance Co. Ltd. The Motor Accident Claims Tribunal and the Punjab & Haryana High Court had held the insurer liable, relying on the earlier Satpal Singh decision. On app…

The Supreme Court examined whether the Governor of Madhya Pradesh could, in his own discretion, grant sanction for the prosecution of two former ministers despite the Council of Ministers' refusal to do so. A Lokayukta report had found prima facie evidence of corruption and conspiracy under the Prevention of Corruption…

Tata Consultancy Services (TCS) sold canned computer software packages and was assessed sales tax by the Andhra Pradesh Commercial Tax Officer, who held that the software constituted "goods" under the Andhra Pradesh General Sales Tax Act, 1957. TCS appealed, arguing that software is intangible intellectual property and…

Ashok Transport Agency filed a money suit against Mis OMC Alloys Ltd, a government company, which was dismissed for default. While the suit was pending restoration, the Government of India issued an amalgamation order under Section 396 of the Companies Act, 1956, merging the company with Orissa Mining Corporation Ltd a…

The Legal Aid Committee of Jammu & Kashmir filed a writ petition challenging the detention of a person under the Jammu & Kashmir Public Safety Act, 1978. The petition contended that the State had not complied with Section 13 of the Act, which mandates that the grounds of detention be disclosed to the detainee and that …

The Andhra Pradesh government, after a commission report, enacted the Andhra Pradesh Scheduled Castes (Rationalisation of Reservation) Act, 2000, which divided the 59 castes listed under Article 341 into four groups and allocated separate reservation percentages to each. The petitioners challenged the Act on the ground…

Balai Chand Ghosh, who had three wives and nine children, executed a will bequeathing a suit property to his son Arindam (the third wife's son) and appointed him executor. During the testator's lifetime, sale agreements were executed by Arindam as a constituted attorney, and the testator received part of the considerat…

Ram Sukhi Devi, the widow of a part‑time tubewell operator, applied for a compassionate appointment under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying‑in‑Harness Rules, 1974. A Government Order dated 26 Oct 1998 excluded dependents of part‑time employees from such benefits. The Allahabad Hig…

Dolly Chhanda, daughter of an ex‑serviceman with permanent disability, qualified in the 2003 Joint Entrance Examination for MBBS under the reserved MI category. At the first counselling her father’s certificate from the Zilla Sainik Board mistakenly stated “not eligible”, leading to rejection of her candidature. After …

In the Pondosguda Gram Panchayat election for Sarpanch, the respondent was declared elected but was later found disqualified under the Orissa Grama Panchayats Act for having more than two children. The appellant filed an election petition seeking to have the respondent's election declared void and to be declared the so…

Respondent No.1 filed a writ petition in the Allahabad High Court seeking promotion to Principal of a Government Degree College on the basis of seniority under Rule 16 of the U.P. Higher Education (Group A) Service Rules, 1985. The High Court allowed the petition, directing his promotion. The State of Uttar Pradesh app…

The appellant, N. Balaji, challenged the election of directors of the National Cooperative Consumers Federation of India Ltd., alleging irregularities in the voters list. After multiple representations to the Minister and the Central Registrar and a writ petition, the Delhi High Court directed the Central Registrar to …

The respondent, an Executive Engineer (Mechanical) in the Uttar Pradesh Government, was transferred from Ghazipur to Faizabad on administrative grounds while disciplinary proceedings were pending against him. He challenged the transfer as punitive, alleging it was done without a hearing and before the disciplinary inqu…

The appellant, Bappa alias Bapu, was convicted under IPC Section 307 for stabbing the victim, Bibhishan, on the stomach, back and neck, causing serious injuries but not death. He appealed, contending that the injuries did not amount to an attempt to murder and that the ten‑year rigorous imprisonment was excessive. The …

The informant, Surjit Singh, alleged that the accused, Nahara Ram and another, fired shots at him while he was spraying his paddy field, causing injuries. The trial court convicted them under Section 326 of the IPC and Section 27 of the Arms Act, sentencing them to five years' rigorous imprisonment and a fine of Rs.2,0…

Seventeen persons were tried for offences including murder; five were convicted, and the High Court upheld the murder convictions of A1‑A4 under Section 302 read with Section 34. The appellants argued that the charge sheet did not specifically allege an offence under Section 34 and that the evidence did not identify wh…

The Goa Urban Co‑operative Bank leased a 47.04‑sq‑m portion of a building for the purpose of an "office" under a two‑year lease. In 1982 the bank shifted its branch office to another building and used the demised premises solely as a godown for storing records, without obtaining Reserve Bank of India permission to cont…

The appellant, a partnership firm, paid Rs. 781.33 lacs for the purchase of land and buildings of a cooperative cotton mill that had been partially resumed by the State. The liquidator executed a sale agreement, but the State later cancelled it, claiming the price was far below market value and that the sale lacked pro…

A detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) was issued against Ratan Bagaria. Before the order could be served, his wife Vidya Bagaria filed a habeas corpus petition under Article 226 challenging the order. The Punjab and Harya…

The Union of India (respondent) had taken over property for war purposes and later agreed to acquire it, resulting in a compensation award. The Union later sought to withdraw from the acquisition and to set aside the award, which was denied, and subsequently applied for apportionment of its share under Section 30 of th…