Judgments of 2004

The Gujarat High Court ordered the closure of Modern Terry Towel Ltd.'s factory for discharging trade effluents and required the company to deposit sums of Rs. 75,000 and Rs. 75 lakh as a condition for restarting non‑effluent‑generating operations. The parties later entered into an agreement whereby the affected villag…

Tata Iron & Steel Co. Ltd. manufactured electric overhead travelling (EOT) cranes and challenged the liability of excise duty on them. The Customs, Excise and Gold (Control) Appellate Tribunal, relying on a Patna High Court decision, held the cranes to be "complete cranes" under tariff heading 81.26 and thus liable to …

A Infrastructure Ltd., a manufacturer supplying goods to Government and public sector undertakings, claimed deductions for interest on delayed payments (3‑12 months) and bank/collection charges under Section 35L(b) of the Central Excise Act, 1944. The assessing authority, appellate authority and the Central Excise, Cus…

The appellants, heirs of Girdhari Lal Gattani, filed a suit in 1962 under the Madhya Pradesh Accommodation Control Act, 1961 seeking eviction of the respondents, tenants, on the ground of bona fide requirement of the landlord for non‑residential premises. The suit was decreed, but the tenants appealed; during the pende…

The appellant, National Mineral Development Corporation (NMDC), held mining leases for iron ore in Madhya Pradesh and was levied royalty by the State on the waste material known as 'slimes' produced during ore processing. NMDC contended that slimes are a waste with no commercial value and are not covered by Entry 23 of…

Sony India Ltd, a colour‑television manufacturer, cleared packed TVs from its factory without printing the maximum retail price, affixing the price later at its depots and offering free gifts to buyers. The Central Excise authority demanded duty at the 18% ad valorem rate (based on the printed retail price) together wi…

The respondents, manufacturers of milk products, stopped paying purchase tax on milk for the period 1‑April‑1996 to 4‑June‑1997, relying on a series of public statements by the Punjab Government that the tax had been abolished. The State later issued demands for the tax and appealed the High Court’s order quashing thos…

Mentha & Allied Products Ltd manufactured menthol under a licence granted under the Drugs and Cosmetics Act and claimed exemption from central excise duty under Notification No. 31188‑CE, which exempts "bulk drugs" as defined in the Drugs (Prices Control) Order, 1987. The Central Excise Collector held that the menthol …

Elphinstone Metal Rolling Mills, a manufacturer of copper sheets, wires and billets, claimed exemption from excise duty under Notifications 74/65‑CE and 119/66‑CE on the basis that its products were made from old copper scrap purchased from the open market. The Central Excise authorities issued show‑cause notices and r…

The respondents, Susma Textile Pvt. Ltd., manufacture cotton fabrics that are stiff and heavily sized with starch gum and inorganic fillers. They initially classified the product under heading 52.06 of the Central Excise Tariff Act, 1985, but the excise department re‑classified it under heading 59.01, alleging it to be…

The Municipal Corporation of Katni imposed an export tax on "all types of cement" under a municipal resolution. Associated Cement Co. Ltd. argued that its refractory cement, used for furnace linings and high‑temperature applications, is not cement in the ordinary commercial sense and therefore not liable to the tax. Th…

The petitioners filed a public‑interest writ in the Andhra Pradesh High Court seeking a mandamus to stop the University Grants Commission (UGC) from starting graduate and postgraduate courses in Jyotir Vigyan (Vedic Astrology). The High Court dismissed the petition as non‑maintainable, and the petitioners appealed to t…

Tecumseh Products India Ltd repaired compressors by replacing stators. The stators were fabricated by external job workers and then received by the company, which performed shaping, varnishing and baking before fitting them into compressors. The Central Excise Collector treated these activities as manufacture and levie…

The Pune Municipal Corporation (PMC) was directed by the Maharashtra Government under section 37 of the Maharashtra Regional and Town Planning Act, 1966 to amend its Development Control Rules (OCR) in line with Bombay's OCR. After publishing the proposed amendments and inviting objections, the State Government sanction…

The Brahmo Samaj Education Society, claiming minority status, runs several state‑aided colleges and challenged the West Bengal College Service Commission's authority to appoint teachers in its institutions. The Society argued that Articles 19(1)(g) and 26(a) of the Constitution guarantee its right to establish and admi…

The Commissioner of Customs and Central Excise issued a detention memo and a show‑cause notice to Charminar Nonwovens Ltd., seeking classification of its floor coverings and filter fabrics under tariff heading 5703.90 (30% duty) instead of 5703.20 (5% duty). The High Court of Andhra Pradesh quashed the notice, holding …

The Supreme Court examined Maharashtra's policy that made Marathi a compulsory subject in schools run by the Gujarati linguistic minority, which required teaching four languages instead of the usual three. The petitioners argued that this violated their constitutional right under Article 30(1) to establish and administ…

The State of Punjab appealed a High Court decision that had held market fee payable by buyers was not part of the sale consideration, and therefore the seller was not liable to pay purchase tax on it. The Supreme Court examined the definition of "turnover" under the Punjab General Sales Tax Act and the provisions of th…

The case concerned whether the Uttar Pradesh Government could fix a "State Advised Price" (SAP) for sugarcane that was higher than the minimum price fixed by the Central Government under the Essential Commodities Act and the Sugarcane (Control) Order, 1966. The petitioners (U.P. Co‑operative Cane Union Federation and s…

MIS Geo Miller & Co. Pvt. Ltd. and others, registered dealers under the Madhya Pradesh General Sales Tax Act, were assessed entry tax under the Madhya Pradesh Entry Tax Act, 1976 for goods brought into the state for execution of works contracts. They contended that the tax violated Article 301 (and 304(b)) of the Const…

The case concerned land allotted to Dhanna Singh, a displaced person, under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, which was later declared surplus under the Pepsu Tenancy and Agricultural Lands Act, 1955 and allotted to Pohla Singh and others. Dhanna Singh (through his son Gurcharan Singh) …

Muller & Phipps (India) Ltd. appealed against the Central Excise Tribunal’s classification of its Johnson’s Prickly Heat Powder and Phipps Processed Talc as cosmetics/toilet preparations under tariff heading 33.04. The Collector (Appeals) had classified them as patent or proprietary medicines under tariff heading 30.03…

The Supreme Court heard appeals against a Gujarat High Court order that required 252 chemical industries in the Nandesari industrial estate to pay 1% of their maximum annual turnover as compensation for alleged pollution. The High Court had found that the units violated Gujarat Pollution Control Board standards but had…

U.C. Bhandari, a manufacturer of water‑proof fabrics, appealed against the Commissioner of Central Excise, challenging the classification of its products under Tariff Heading 52.07 (cotton fabrics water‑proofed) instead of Heading 59.06 (impregnated, coated fabrics). The Tribunal had held that the fabrics were impregna…

The Supreme Court entertained a writ petition filed by the Public Union for Civil Liberties concerning the plight of migrant bonded labourers, especially those from Tamil Nadu working in other states. The Court noted that earlier orders had tasked the National Human Rights Commission (NHRC) with monitoring the implemen…

The Supreme Court examined a criminal revision petition filed by the State of Tamil Nadu under Section 397 of the Code of Criminal Procedure challenging a Metropolitan Magistrate’s order granting one‑day police custody to the accused, Joy Immaculate. The Court held that such a remand order is a pure interlocutory order…

H.B.L. Aircraft Batteries Ltd manufactured silver‑oxide zinc batteries and sold them to the Ministry of Defence (MOD) at a lower price and to Hindustan Aeronautics Ltd (HAL) at a higher price. The contract with MOD required MOD to supply silver at Rs 2,500 per kg (the mint price); when mint stocks ran out, MOD provided…

The petitioners had advance contracts with two Bombay textile mills for cloth, but after the mills were taken over by the Central Government under the Textile Undertakings (Taking over of Management) Act, 1983, the custodian claimed the contracts were cancelled and it bore no liability for pre‑takeover obligations. The…

The S.R.M. Institute filed a writ petition seeking to start six new M.D.S. courses without obtaining the essentiality certificate from the Tamil Nadu State Government, arguing that the High Court erred in directing the Government of India to process its incomplete application. The Dental Council of India contended that…

The appellant, Hasanbai Valibhai Qureshi, filed a writ petition alleging that the FIR in a communal clash originally listed offences under Sections 395 and 120‑B IPC, but these were later deleted by the police, enabling the accused to obtain bail. He claimed the investigating agency was biased, influenced by a local ML…

The accused Main Pal and others were charged with murder of Hans Raj and offences under the Arms Act. The prosecution relied on eye‑witnesses PW‑1 (Ram Sarup) and PW‑2 (Devi Lal), who were relatives of the deceased, and on firearms recovered at the behest of the accused. The trial court acquitted, holding that motive w…

The petitioners, former Indian Navy officers, were issued Certificates of Service (COS) under the now‑repealed Section 80 of the Merchant Shipping Act, 1958 and later employed in the merchant navy. After India ratified the STCW Convention (1978, amended 1995), the government issued Merchant Shipping Notices and Rules r…

The Supreme Court examined whether the Bangalore Development Authority (BDA) could lawfully sell a 1‑acre‑20‑guntas plot to Printers (Mysore) Ltd. for setting up a printing industry. The Court held that Section 38 of the BDA Act confers unrestricted power to lease, sell or transfer property unless specific restrictions…

Bharat Petroleum Corporation Ltd. (BPC) sought renewal of a lease originally granted to Burmah Shell in 1967, which contained a renewal clause. The Burmah Shell (Acquisition of Undertakings) Act, 1976 transferred Burmah Shell's rights to the Central Government and subsequently to BPC, creating a legal fiction that BPC …

The Chhattisgarh Rural Agriculture Extension Officers Association, originally appointed as matriculate Village Level Workers, were transferred to the Agriculture Department and redesignated as Rural Agriculture Extension Officers. The State of Madhya Pradesh, invoking a policy that only graduates could fill the post, c…

The dispute arose from the election of Mukhiya of a Gram Panchayat in Bihar where the appellant, after allegedly filing an application for recount with the Returning Officer that was ignored, sought a recount through an election petition. The Munsif ordered a recount, which resulted in the appellant being declared elec…

The case concerned an Assistant Currency Officer (Grade‑C) of the Reserve Bank of India who was charge‑sheeted under Regulation 32 of the RBI (Staff) Regulations, 1948 for allegedly refusing to perform the duties of a Grade‑B officer, and who also failed to obtain the qualifying marks for promotion to Grade‑D. He chall…

Milk Food Ltd. entered into a contract with GMC Ice Cream (P) Ltd. containing an arbitration clause that referred disputes to arbitration under the Arbitration Act, 1940 or any statutory modification. A suit for injunction was filed, and Milk Food obtained a stay under Section 34 of the 1940 Act. The parties later agre…

Four accused abducted the deceased, who later died en route to the hospital. The prosecution relied solely on a statement recorded under Section 161 CrPC, treated as a dying declaration, to secure convictions. The trial court convicted all four; the High Court acquitted two on the ground that the dying declaration was …

Anter Singh was convicted for the murder of Hansraj based largely on a pistol and empty cartridges recovered after he, while in police custody, disclosed their location. The prosecution relied on Section 27 of the Indian Evidence Act to admit the recovered items, asserting they were the murder weapon. On appeal, the Su…

Jayshree Chemicals, a power‑intensive industry, entered into supply agreements with the Orissa State Electricity Board. The State Government, invoking Section 228 of the Electricity Act, 1910, issued yearly notifications restricting power consumption and waiving minimum‑charge liability for certain water years. For the…

The Railway Rates Tribunal declared the freight rates charged by the Union of India unreasonable. The Union filed a Special Leave Petition (SLP) in the Supreme Court, which was eventually dismissed after an interim order. The respondents then filed writ petitions and suits for refund of excess freight charges. The Unio…

The case concerned 407 porters and graders employed at the marketing yards of Nilgiri Cooperative Marketing Society Ltd., who claimed permanency and other benefits, alleging they were workmen of the Society. The State referred the dispute to the Industrial Tribunal to decide whether their non‑employment was justified. …

The Union of India appealed against a Central Administrative Tribunal order that had upgraded the pay scales of certain semi‑skilled workers recruited in 1985 to the skilled‑worker scale, based on a Ministry of Defence letter dated 15 October 1984. The 1984 letter, issued following recommendations of various expert com…

Uptron India Ltd entered into a contract with the Union of India to maintain community viewing sets in seven North‑Eastern states, but the government failed to make the agreed payments, leading to arbitration. The arbitrator issued an award on 18 June 1990, which Uptron sought to have declared a rule of court before th…

The suit property, a house and land, was gifted by the deceased to two sisters who became co‑owners. Both sisters jointly sued two tenants for eviction, alleging default in rent and sub‑letting. One sister later sold her share to partners of one tenant firm, who argued they were not interested in eviction; the other si…

In the 2001 Assam Legislative Assembly election, the respondent Premodhar Bora was declared elected. The petitioner, Borgaram Deur!, filed an election petition alleging that Bora and his agents committed corrupt practices under Sections 123(3) and 123(3A) of the Representation of the People Act, 1951, by urging voters …

The petitioners, Personal Assistants and Junior Stenographers of the Delhi High Court, sought an upgraded pay scale in parity with their Central Government counterparts after the Central Government revised the latter's scales. The Delhi High Court issued a writ of mandamus directing the Union of India to grant the upgr…

The appellants challenged the appointment of two Additional Advocate Generals by the Government of Andhra Pradesh, arguing that Article 165 of the Constitution permits only a single Advocate General and that the additional appointments were unconstitutional. The State contended that the appointments were necessary due …

The petitioners, Manjit Kaur and others, claimed compensation for injuries sustained in a motor accident. The driver of the offending Maruti car was found to be unlicensed and also the vehicle's owner. The Motor Accident Claims Tribunal awarded compensation and permitted New India Assurance Co. Ltd., the insurer, to re…

The case concerned a motor accident in which the driver possessed only a learner's licence. National Insurance Co. Ltd., the insurer, challenged the award of compensation on the ground that a learner's licence did not constitute a valid licence under the Motor Vehicles Act, 1988. A Special Leave Petition was filed befo…

The Food Corporation of India (FCI) invited tenders to hire plinths for grain storage and awarded the contract to Mis. Babulal Agrawal, who constructed the plinths and handed them over on 24‑Jan‑1987. The agreement provided that FCI would lease the plinths for three years (extendable by one year) and that a formal leas…

The respondent, a clerk of Andhra Bank, was suspended pending departmental action and later faced criminal charges under Sections 409 and 436 of the Indian Penal Code. He was convicted by a trial court but acquitted on appeal; however, a departmental enquiry continued for several years, culminating in his dismissal. Th…

Mish. Jai Durga Finvest Pvt. Ltd. obtained a mining lease for mineral sand in the Bega Murtha zone of Haryana and entered into an agreement containing clauses requiring payment of compensation to land owners (clause 9) and obligating the State to determine such compensation (clause 27). The land owners refused compensa…

The petition challenged a Ministry of Finance order that required the President of the Income Tax Appellate Tribunal (ITAT) to obtain prior approval for all postings and transfers of its judicial and accountant members. The Court examined whether the Central Government, under the Delegation of Financial Powers Rules, 1…

The case arose from a motor accident involving a Maruti Van owned by the respondents. A claim for compensation was filed under the Motor Vehicles Act, 1988 against National Insurance Co. Ltd. The Motor Accident Claims Tribunal awarded compensation even though it found that the respondents had breached the insurance pol…

The case arose from a motor accident in which the vehicle was being driven by the first respondent without a valid licence. The claimant, Savitri Devi, filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal held that National Insurance Co. Ltd., the insurer of the vehicle,…

The Supreme Court examined a batch of Special Leave Petitions challenging awards of Motor Vehicles Claims Tribunals where National Insurance Co. Ltd. sought to avoid liability under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988 on grounds that the vehicle was driven by a person without a valid licence, a fake l…

Mangilal was convicted of murder and other offences and sentenced to life imprisonment. The Madhya Pradesh High Court, exercising its revisional powers, ordered him and the other accused to pay Rs.30,000 as compensation under Section 357(3) and (4) of the Cr.P.C. without hearing them on the quantum of compensation. The…

The Supreme Court examined promotions in Marathwada Gramin Bank where a cut‑off date of 31‑Aug‑1989 was fixed for eligibility and certain posts were reserved for Scheduled Tribe (ST) candidates. No eligible ST candidates were found, so the bank dereserved those posts and promoted general‑category employees. Writ petiti…

The respondents, Assistant Registrars of the Delhi High Court, claimed that their pay scale should be revised upward as recommended by the Chief Justice of the High Court. The Union of India refused to implement the recommendation, arguing that such fixation of pay requires the President’s (or Governor’s) approval unde…

The dispute arose between NTPC Ltd. (appellant) and Mis. Reshmi Constructions (respondent) over the acceptance of a final bill for work completed. NTPC prepared its own final bill, obtained a No‑Demand Certificate from the contractor, and paid the amount, but the contractor protested, claiming the certificate was signe…

Sultan Sadiq, who had been rendering voluntary services as an assistant teacher in a madrasa, contested a legislative assembly election. The first respondent challenged his election alleging that Sadiq held an office of profit under the State of Assam because his services were purportedly regularized by a government or…

The plaintiff obtained an ex‑parte decree in a title suit. The defendant filed a petition under Order IX Rule 13 of the CPC, together with an application under Section 5 of the Limitation Act, to set aside the decree, and subsequently filed an appeal against the decree with a condonation application. Both the petition …

The respondents, owners of 1,534.40 acres, claimed that their land was exempt from vesting under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The Forest Tribunal initially declared only 100 hectares as vested forest and dismissed the rest. The State later issued a notification demarcating 324 hectares…

The case involved two complaint proceedings under Section 138 of the Negotiable Instruments Act where the complainant died during trial, leaving heirs who had executed general powers of attorney. The heirs' attorneys filed applications under Section 302 of the Code of Criminal Procedure seeking permission to continue t…

A complaint was lodged before the Monopolies and Restrictive Trade Practices (MRTP) Commission against a computer training institute for admitting students to unrecognised courses and for publishing misleading advertisements. The Commission issued an interim injunction and, after the institute’s service advisor (the ap…

The appeal before the Supreme Court concerned the method of calculating the cost of production for excisable products under the Central Excise Act. Two questions were posed: whether excise duty paid on raw material, if modvatted, should be included in the cost of production, and whether the profit earned by a job worke…

The dispute concerned the seniority and appointment of the principal of Andhra Christian College, a minority institution, between appellant R. Sulochana Devi and respondent D.M. Sujatha. The Regional Joint Director (RJD) initially opined that another lecturer, Mr. P. Andrew, was senior, leading to his appointment as pr…

The deceased, Saista Khatoon, was the second wife of appellant No.1 (Usman Mian) and step‑daughter of appellants No.2 and No.3, who were hostile to the marriage. She was found dead on the verandah of the appellants' house with visible injuries; the appellants attempted to bury the body and fled when police arrived. The…

Dr. Suresh Gupta, a plastic surgeon, was charged under Section 304A of the IPC for the death of a patient during a minor nasal surgery. He sought quashing of the criminal proceedings under Section 482 of the CrPC, which the High Court refused. The Supreme Court examined whether the complaint and accompanying medical re…

The plaintiff, K.M. Shaffi, sued for a declaration of ownership of a plot and an injunction against the defendant, relying on a certified copy of a 1944 sale deed (Ex.P1) and a 1966 gift deed (Ex.P2). The trial court admitted the documents, applying the presumption of authenticity under Section 90 of the Evidence Act b…

On 17 November 1974, Baijnath Singh was killed after the appellant thrust a spear into his abdomen during an altercation. The Sessions Court convicted the appellant and a co‑accused under Sections 302 and 34 of the IPC for murder; the High Court later acquitted the co‑accused and reduced the appellant's conviction to S…

The Supreme Court upheld a 2002 decree that mandated the State of Punjab to complete the Sutlej‑Yamuna Link (SYL) canal within one year, directing the Union of India to intervene if Punjab failed. Punjab’s subsequent suit challenging the decree, the constitutionality of Section 78 of the Punjab Reorganisation Act, 1966…

Mohannan filed a criminal complaint before a Judicial Magistrate alleging that Dr. Prabha G. Nair, a gynaecologist, was medically negligent, leading to the death of Mohannan's pregnant wife after delivery of a dead child. The magistrate took cognizance of an offence under Section 304-A of the Indian Penal Code. The doc…

The State of Orissa prosecuted Dhaniram Luhar for encroaching about five acres of reserved forest land under Section 27(1)(a) of the Orissa Forest Act, 1972. Although the accused admitted the encroachment in his statement under Section 313 of the Code of Criminal Procedure, the trial court acquitted him on the ground t…

The appellant, Giri Ja Shankar, was convicted along with three others for murder (Sec. 302), assault (Sec. 307) and snatching (Sec. 394) IPC, each conviction read with Sec. 34. The trial court and the High Court held that the accused shared a common intention, despite the fact that the fatal shot was fired by another a…

Eight persons, including Narain Singh, were tried for offences under various sections of the IPC for the death of Makhan and injuries to others. The prosecution's case relied on inconsistent statements from an informant, a disputed dying declaration, and eye‑witnesses who gave varying accounts of the incident's locatio…

The Ludhiana Improvement Trust acquired 8.4 acres of land owned jointly by five respondents and framed the 1964 Land Disposal Rules, which allowed only one plot per local displaced person. The respondents claimed that each joint khata holder was entitled to a separate plot, relying on a letter dated 19‑Aug‑1994 from th…

The plaintiff filed a suit for partition of joint family property and rendition of accounts, alleging that the business carried on by his father (defendant No. I) on joint family land was a joint family business and that properties acquired from its income were joint family assets. The trial court held the business was…

The State of Jharkhand appealed against a Jharkhand High Court order that released a truck seized for carrying coal in a protected forest area on payment of a fine, despite the truck being ordered confiscated under Section 52(3) of the Indian Forest Act. The Supreme Court examined whether Section 52(3) authorises a fin…

The West Bengal Bar Association challenged the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, alleging that its provisions were ultra vires the Constitution because they ousted the High Court's jurisdiction under Articles 226 and 227. The Calcutta High Court struck down sections 6, 7 and 8 of the Act, holding…

On 3 June 1990, a group of accused, including Saravanan (A3) and Natarajan (A4), assaulted a cyclist group, during which the deceased Nadamuni fell and sustained a head injury that was medically held sufficient to cause death. The prosecution argued there was no motive to kill, so the death did not fall under Section 3…

The deceased Siva executed a will bequeathing his property to his step‑brother's children, excluding the plaintiffs who were children of his real sister. The plaintiffs sued for a declaration and possession, claiming they were the rightful heirs. The trial court held the will proved and dismissed the suit. The lower ap…

The appellant, Deelp Singh, was convicted under Section 376 IPC for raping a girl, based on the prosecution's claim that she was under 16 and that the sexual intercourse was against her will or without consent, allegedly induced by a false promise to marry. The Supreme Court examined the age of the victim, finding the …

The State of Andhra Pradesh appealed the acquittal of K. P. Rao, a Commercial Tax Officer, who had been convicted by a Special Judge for demanding a bribe under sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The prosecution proved that the complainant visited Rao's house, handed over Rs.20,000 a…

J.K. Udaipur Udyog Ltd., a cement manufacturer, operated its own limestone mine and used explosives for blasting in the mine. It claimed CENVAT credit for the explosives under Rule 57AB of the Central Excise Rules, 1944. The Revenue argued that the explosives were not "inputs" because they were not used within the fact…

The respondent, Dr. O.P. Singh, was retrenched from the U.P. State Horticultural Produce Marketing and Processing Corporation (HORTICO) when it closed in 1990 and was later appointed as Deputy Jailor with a protected last drawn pay. He claimed that the revised pay scale of Rs. 2200-4000 (effective from 1‑1‑1986) should…

Canbank Financial Services Ltd., a subsidiary of Canara Bank, purchased CANCIGO units worth Rs 33 crore from a stock broker (Respondent 2) who had applied for the units through two other banks (Respondents 3 and 4) that held the certificates in their names but transferred possession to the broker. The Special Court hel…

The State of Kerala entered into a contract with Mis Arya Refrigeration & A/C Co. for supplying and erecting a cold‑storage plant, which could not be installed because the State failed to construct the requisite building. The dispute was referred to arbitration; the arbitrator awarded a sum to the claimant. The State c…

Bahadur Rama filed a suit for specific performance which was decreed by the trial court and later reversed by the High Court on a second appeal. The appellant challenged the High Court's disposal of the second appeal, arguing that the Court had not formulated any substantial question of law as mandated by Section 100 o…

Phulan Rani filed a writ petition seeking pension after her husband's death. The High Court transferred the petition to a Lok Adalat, which disposed of it in her favour without any compromise or settlement. The State of Punjab challenged this disposal, arguing that Section 20(3) of the Legal Services Authorities Act, 1…

Fargo Freight Ltd., the owner of a vessel, chartered it to the first respondent and claimed freight and demurrage. Because RBI permission was required, the first respondent issued an irrevocable standby Letter of Credit (L/C) through the third respondent (the issuing bank). A dispute arose over demurrage, leading to ar…

The police raided the house of a gambling den where Virendra Prasad and his father Ram Prasad were present. When the police attempted to seize a rifle, Virendra snatched it from his father and fired seven rounds at the police party, killing ASI Gokaran Nath Pandey and injuring two constables. The trial court convicted …

The deceased, a witness in a murder case, was shot dead at his home by the accused who sought to silence him. The trial court, relying on eye‑witness testimony and a post‑mortem report showing multiple gunshot injuries, convicted the accused under Sections 302 and 34 of the IPC and sentenced them to life imprisonment. …

The landlord filed an eviction suit on 5 September 1994 under Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, alleging the tenant’s default in rent for months that fell more than three years before the suit. The tenant contended that the suit was barred because the limitation perio…

The husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 seeking divorce on the ground of mental cruelty, alleging that his wife used abusive language, made false accusations of adultery and caused him severe emotional distress. The Family Court found mental cruelty but granted only judicial separa…

The appellant purchased agricultural land near the Grand Trunk Road in 1986 and erected a dhaba without obtaining permission under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963. The land lay in a "controlled area" declared by a Gazette notification under Section 4(1) o…

On 8 August 1997, a quarrel between the accused Babulal Bhagwan Khandare, Nandulal and others and three deceased persons (Shivaji, Madhukar and Ramesh) escalated into a violent assault with knives and a rapier, resulting in the deaths of the three victims. The accused pleaded that they acted in private defence and that…

Dharma Prathishthanam entered into a construction contract with Madhok Construction Pvt. Ltd. that contained an arbitration clause referring disputes to arbitration under the Arbitration Act, 1940. When a dispute arose, the respondent unilaterally appointed Shri Swami Dayal as sole arbitrator, gave notice, and the arbi…

The appellant was charged under Section 138 read with Section 142 of the Negotiable Instruments Act for dishonouring a cheque. The complainant sent a legal notice to the appellant, which was returned stamped "house locked". The trial magistrate dismissed the complaint on the ground that the notice was not served. The A…

Parmananda Pegu and his co‑accused Jitu Pegu were convicted and sentenced to death for kidnapping and murdering two minor boys under Sections 302 and 365 IPC. The conviction was based largely on an extra‑judicial confession recorded during a crime‑scene recreation, a judicial confession under Section 164 that was later…

The police conducted a night raid on the accused's house based on secret information and seized heroin, but failed to comply with the mandatory procedural requirements of Section 42 of the NDPS Act, including recording the information in writing and preparing a search memo. The trial court convicted the accused under S…

Eagle Flask Industries Ltd, a manufacturer of plastic insulated wares and vacuum flasks, claimed exemption from central excise duty and licensing control under Notification 11/88 (NT) CE dated 15‑04‑1988 and Notification 53/88, which exempted certain plastic items. The company failed to file the declaration and underta…

The appellants, manufacturers of pan masala and gutka, challenged state notifications issued under Section 7(iv) of the Prevention of Food Adulteration Act, 1954 that prohibited the manufacture, sale, storage and distribution of these products in the interest of public health. The questions before the Supreme Court wer…

The case concerns an appeal by Madan Singh and others against their conviction for murder, attempted murder, assault, robbery and offences under the Arms Act and the Terrorist and Disruptive Activities (Prevention) Act (TADA). The police raided a house where about 20‑25 persons were assembled; a gunfight ensued, result…

Dr. Prodip Kumar Biswas, who runs alternative‑medicine institutions, advertised that his institutions were approved by the Calcutta High Court. A writ petition led the High Court to restrain him from using the Court’s name and to hold him guilty of criminal contempt, imposing a Rs 2,000 fine (order dated 11 May 1998). …

The respondents, who were employed as assistants and later promoted to supervisors in the Printing and Stationery Department, claimed that the revised pay scales recommended by the Punjab Pay Commission should be applied retrospectively from 1 January 1986, the date of the Commission's report, and that they were entitl…

The Supreme Court examined a dispute over a bungalow bequeathed by Smt. Chanan Kaur to the Randhir Jagjit Hospital. The State Government, as successor to the Hospital, sought eviction of Mohan Krishan Abrol, who claimed he was a tenant under a ten‑year lease and that the Hospital was only a beneficiary, not the owner. …

The appellants filed a suit under Section 6 of the Specific Relief Act, 1963 seeking recovery of possession of immovable property from which they claimed to have been dispossessed. The trial court decreed in their favour, but the respondents filed a revision under Section 115 of the Code of Civil Procedure, 1908, and t…

Polymat India Ltd. and an associate insured their factory premises against fire under two policies issued by National Insurance Co. Ltd. The policies described the location as "factory‑cum‑godown" and the insured answered in the negative to a query about goods stored in the open. After a fire destroyed the building, pl…

A group of Amins employed by the West Bengal government sought to be placed in the same pay scale as Surveyors, invoking the principle of ‘equal pay for equal work’. The High Court had earlier granted such parity in a number of writ petitions without examining the distinct qualifications and duties of the two posts, an…

The State of U.P. appealed the acquittal of two accused who had been convicted for rape under Section 376 IPC by the trial court. The High Court set them free on the sole ground that the prosecutrix was of "easy virtues," without providing any reasoning. The Supreme Court held that a victim's character is irrelevant to…

The landlord evicted the tenant under Sections 22(1)(h) and 22(1)(p) of the Karnataka Rent Control Act, 1961, and the Small Causes Court ordered eviction on 4 February 2000. The tenant filed a revision petition under Section 50(1) on 6 April 2000, having sent the arrears of rent by money order on 11 April 2000. The Kar…

The complainant filed a criminal complaint in 2002 alleging that the appellants had misled him about an appointment, invoking Sections 406, 409 and 418 of the IPC. The magistrate issued summons, but the appellants challenged the complaint on the ground that it was barred by the three‑year limitation prescribed in Secti…

The trustees of a trust estate had leased premises to a lessee for 21 years, who later assigned the lease to TIVOLI PARK APARTMENTS (the respondent). An oral agreement was made to renew the lease for 70 years on increased rent and premium, but the trustees failed to execute the transfer deed. The respondent obtained a …

The Friends Colony Development Committee (appellant) challenged unauthorized construction by Mis Modem Mechatech Housing Ltd. and its managing director, who built a five‑storey building exceeding the four‑storey plan sanctioned under the Orissa Development Authorities Act. The Development Authority ordered demolition o…

The Andhra Pradesh amendment of Section 73 of the Indian Stamp Act gave the Collector power to inspect, seize and impound any registers, books or documents, including those in banks, without any procedural safeguards. The High Court struck down this provision as unconstitutional, and the State appealed. The Supreme Cou…

Bharat Petroleum Ltd occupied a premises under a lease that expired in 1978 and sought an extension, which the landlord refused. The landlord filed a writ petition for eviction, which the High Court allowed on the basis of Hindustan Petroleum v. Dolly Das, ignoring the tenant's rights under the Tamil Nadu City Tenants'…

The appellants' agricultural lands were acquired under a 1965 notification under Section 4 of the Land Acquisition Act, 1894 and an award of Rs 2,000 per bigha was made in 1969. They, together with other claimants, obtained a reference under Section 18 which raised the award to Rs 2,200, and the High Court later enhanc…

The appeal concerned a partition suit whose final decree was passed in 1968, followed by a series of appeals and a formal decree dated 30 October 1986. The judgment debtor filed an execution petition in 1997, which the executing court dismissed as barred by limitation. The Supreme Court examined whether the decree beca…

The Supreme Court examined whether apprentices appointed under the Apprentices Act, 1961 become "workmen" under the U.P. Industrial Disputes Act, 1947 and the Industrial Disputes Act, 1947, and whether the requirement in Section 4(4) of the Apprentices Act to send the contract to the Apprenticeship Adviser for registra…

The appellant, Nirmal Jeet Kaur, alleged dowry harassment and filed a criminal complaint against her husband (Respondent No.2) under Sections 498A, 506 IPC and the Dowry Prohibition Act. Respondent No.2 sought anticipatory bail under Section 438 CrPC, which the High Court disposed of, directing him to apply for regular…

The appellant, P. Varadarajulu, sued the Agricultural Produce Market Committee for renewal of his licence and allotment of a vacant site in the market yard as specified in the decree. The decree ordered the committee to allot the site between plot numbers 10‑C and 11/2, but the committee contended that execution was im…

Jaipal Singh, an IAS officer, applied for voluntary retirement on 13 March 2002 and requested a waiver of the three‑month notice period required under the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. He filed nomination papers for the Rajya Sabha election from Haryana, but the Returning Officer rejec…