Judgments of 2005

G. Srinivas claimed title to a plot of land based on an unregistered sale deed. The Andhra Pradesh Government, via a Government Order (GOM), directed the Collector to issue a no‑objection certificate and supplementary shethwar in his favour, but the Collector later rejected the claim, citing the land as evacuee propert…

Jai Singh B. Chauhan, a clerk of Punjab National Bank, sought to be covered by the bank's pension scheme after missing the deadline to opt in. The pension regulations, framed under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, were published in the Official Gazette on 29 September 1995, gi…

The respondent, a temporary government employee, was terminated on 16 August 1988 after being served notice that his services were no longer required. He challenged the termination before the State Public Service Tribunal, which held that the termination was a "termination simpliciter" without stigma and that Article 3…

Vinay Solvent Extraction Industries Pvt. Ltd. (appellant) manufactured processed fixed vegetable oil on a job‑work basis for Vijay Oil Mill and claimed exemption under Notification No. 262/86‑CE, which exempts such oil if the manufacturer produces a certificate from a Deputy Director of the Directorate of Vanaspati con…

The case concerned V.U. Warrier, a former "gold‑collar" officer of the Oil and Natural Gas Commission (ONGC), who after retirement failed to vacate a residential quarter allotted to him and was charged penal rent. ONGC deducted Rs.53,632 of the penal rent from the gratuity payable to Warrier under the ONGC (Death, Reti…

The Supreme Court heard appeals against a Kerala High Court order that upheld the Guruvayoor Devaswom Act, 1978, which allows Hindu ministers in the Council of Ministers to nominate members to the temple's Managing Committee. The petitioners argued that the ministers must be believers in God and temple worship and that…

The Tamil Nadu State Transport Corporation appealed a Motor Vehicles Accident Compensation Claim Tribunal award that granted Rs.6,09,552 to the widow and child of a 38‑year‑old employee who died in a road accident, using a multiplier of 16 under Section 166 of the Motor Vehicles Act, 1988. The corporation argued that t…

The Supreme Court examined a family‑run private company where the board had broadened capital by issuing 15,000 new equity shares, allocating 6,475 to the appellants and reserving 8,000 for the late chairman. The petitioner, a class‑I heir, claimed entitlement to the 8,000 shares and alleged oppression and mismanagemen…

The State of Madhya Pradesh, represented by the CBI, appealed against the High Court's acquittal of nine accused, including Paltan Mallah, for the murder of trade‑union leader Shankar Guha Niyogi. The trial court had convicted them under Section 302 read with Section 120B IPC based on circumstantial evidence, but the H…

The Supreme Court examined the constitutional validity of luxury‑tax statutes enacted by Uttar Pradesh (1995), Andhra Pradesh (1987) and West Bengal (1994) which imposed tax on the supply of tobacco and other goods described as "luxuries". The central issue was whether Entry 62 of List II of the Seventh Schedule permit…

The plaintiff, Phagua, executed a sale deed in favour of Mst. Hasrat Bi after obtaining a Rs.400 loan, simultaneously agreeing that the property would be reconveyed if the loan was repaid within three years. The loan was not repaid, Hasrat Bi's name was mutated in revenue records and she sold the land to the appellants…

Munimalaiyan had taken a simple mortgage of Rs.3,000 in 1961, securing it with three properties. Unable to repay, a deed dated 22 Oct 1970 was executed, selling one of the properties to Chennammal for Rs.3,000 while reserving Munimalaiyan's right to repurchase within three years. The dispute centered on whether this de…

The respondent, a temporary sorter with the Railway Mail Service, resigned in 1977 to contest elections and his resignation was accepted. After more than two decades he applied for a pension, which was denied on the ground that Rule 26(1) of the Central Civil Services (Pension) Rules forfeits past service on resignatio…

The Supreme Court examined a Kerala High Court decision disposing a second appeal (No. 174/1990) without formulating any substantial question of law as mandated by Section 100 of the Code of Civil Procedure, 1908. The appellants argued that the High Court erred by not stating the legal question, while the respondents c…

The appellant, Amarsingh Ramjibhai Barot, was intercepted by police along with a co-accused and was found in possession of 920 grams of a black liquid suspected to be opium; the co-accused possessed 4.250 kg. Samples sent to the Forensic Science Laboratory were reported as opium containing 2.8% anhydride morphine. The …

The Unit Trust of India (UTI), a statutory corporation, issued account‑payee cheques to its unit holders and sent them by registered post. Approximately 1,600 unit holders claimed non‑receipt of cheques worth about Rs 3.35 crore, alleging interception and fraud. The unit holders filed complaints before Consumer Forums,…

The appellant, Anwar Begum, challenged the grant of bail to the accused, Sher Mohammad, who had allegedly shot her husband with intent to kill. The trial court denied bail based on eyewitness testimony, but the Allahabad High Court later granted bail through a terse, non‑reasoned order. The Supreme Court held that a ba…

The Uttar Pradesh State Electricity Board (UPSEB), a public sector undertaking, entered into supply agreements with several cooperative societies registered under the Uttar Pradesh Co-operative Societies Act, 1965. Disputes arose over the rates charged and alleged failure to provide uninterrupted power, leading the All…

Mis. George Williamson (Assam) Ltd. acquired the Indian undertakings of twelve UK‑registered tea companies under a scheme of arrangement approved by the High Courts and the RBI, which required that the net assets of the acquired business not be depleted. The consideration paid (Rs 490 lakhs) was lower than the net asse…

The appellant, a senior officer of Indian Oil Corporation (IOC), was dismissed by the General Manager under clause (vi) of Standing Order 20 after an incident at the refinery hospital where he was alleged to have led a mob and assaulted the Chief Medical Officer. The dismissal was effected without a disciplinary enquir…

The petitioners, job‑workers manufacturing cigarettes under exemption notifications issued in 1999, were ordered by the High Court to receive refunds of excise duty. After the High Court upheld the refunds, Parliament enacted Section 154 of the Finance Act, 2003, retrospectively withdrawing the exemption and authorisin…

The petitioner, Sushil Kumar Sharma, filed a writ petition under Article 32 challenging the constitutional validity of Section 498A of the Indian Penal Code, alleging that it is misused to victimise innocent persons through false dowry‑related accusations. The Supreme Court examined whether the mere possibility of abus…

Employees of Gnanambigai Mills Ltd demanded a wage increase, and the dispute was referred to a Special Tribunal. The Tamil Nadu Government, invoking Section 10‑B of the Industrial Disputes Act, issued orders on 15 July 1985 and 29 July 1985 directing the employer to make interim payments to the workmen, with a clause t…

The Container Corporation of India (CONCOR) floated a limited tender for survey services and shortlisted Master Marine Services Pvt. Ltd. (appellant) and Metcalfe & Hodgkinson Pvt. Ltd. (first respondent). The appellant’s bid was 25% lower, but the first respondent challenged the award on the ground that the appellant …

Om Prakash Shrivastava was appointed on probation on 1‑May‑1989 and passed the departmental examination on 22‑July‑1992 after his probation had been extended, leading to his confirmation on 23‑July‑1992. Another probationer, Ram Rao Bhosley, appointed on 7‑May‑1990, passed his examination on 29‑January‑1993 within his …

The appellants, builders of multi‑storeyed apartments in Koramangala, Bangalore, obtained licences from the City Municipal Corporation to construct up to three floors. A residents' association filed a public‑interest petition seeking cancellation of the licences and demolition of the building, alleging strain on public…

The case involved eight accused who arrived together in a jeep, surrounded the deceased and assaulted him – one accused (R) delivering fatal knife blows while the others used hockey sticks, iron rods and pipes. R was convicted under Section 302 IPC and the remaining seven under Section 302 read with Section 149 IPC. Th…

The petitioners, former employees of the Uttar Pradesh Local Self‑Government Engineering Department who became employees of Uttar Pradesh Jal Nigam under the 1975 Water Supply and Sewerage Act, challenged the Nigam’s order that they retire at 58 years despite a 2002 amendment to Rule 56(a) of the Uttar Pradesh Fundamen…

The dispute concerned a building owned by the Bangalore Mahanagar Palike that had been leased to Dhanpal and later sold to Doraiswamy through a court‑executed sale deed. Doraiswamy, acting as landlord, filed an eviction suit under the Karnataka Rent Control Act, 1961 on the ground of bona‑fide personal need; he died an…

Kabini Minerals Pvt Ltd applied on 7 October 2002 for a 10‑year quarry lease for decorative stones, having only entered a land‑purchase agreement and ordered machinery but not yet established a processing unit. Respondent No.4 applied later, on 5 December 2002, and purchased an already‑operating unit (Valley Granites) …

In a civil suit for partition, the defendants were required to file a written statement within 30 days, with a possible extension up to 90 days under Order VIII, Rule 1 of the CPC. The trial court, however, granted an extension till 19‑Feb‑2004, which fell beyond the 90‑day limit, and the defendants filed the statement…

In a partition suit, a final decree directed the 2nd defendant, V. Hutcheswaran, to sell his one‑fifth share of a house to the other co‑owners. While the other parties sold their shares, the 2nd defendant did not. An execution petition filed twelve years after the decree was dismissed as time‑barred, but the Madras Hig…

The case concerned the removal of a Deputy Inspector General of the Border Security Force (BSF), Ashok Kumar, for misconduct during a raid, including falsifying his presence, suppressing seizure details and staging a fake encounter. A Staff Court of Inquiry found him delinquent and the Director General (DG) of BSF, dee…

The appellant, Brij Pal Sharma, had paid full consideration for a housing plot under two different schemes of the Ghaziabad Development Authority (GDA). In the first case the original Karpoori Puram Scheme was cancelled and a new scheme was launched, leading to a refund claim; in the second case possession could not be…

The Supreme Court entertained a public‑interest writ filed by engineer Anil K. Mittal after a 13‑year‑old girl died because loudspeaker noise prevented her cries from being heard. The petition sought stringent enforcement of laws restricting loudspeakers, firecrackers, vehicular horns and other high‑volume sound system…

The Supreme Court upheld the Himachal Pradesh High Court’s decision allowing a writ petition under Article 226 despite the existence of statutory remedies. Gujarat Ambuja Cement Ltd. was held to be a "prestigious cement industrial unit" entitled to sales‑tax exemption from the date it commenced commercial production (2…

The employer, Mis. S.V. Tank & Vessel Pvt. Ltd., retrenched 33 employees and faced a strike. The Engineering Workers Association filed a complaint in the Industrial Court challenging the retrenchment, alleging it was illegal. The Industrial Court set aside the retrenchment and ordered back wages and other benefits, but…

The driver of a goods truck insured by National Insurance Co. Ltd. died in an accident, and his family claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal dismissed the claim, but the Madhya Pradesh High Court awarded Rs. 2,10,000 and directed the insurer to pay th…

The appellant, a beneficiary of a trust, claimed a pre‑emptive right under Article 57‑A of the company's Articles of Association to purchase 3,417 and 93 shares held by joint executors, but the executors sold those shares to a third‑party group without complying with the Articles or Section 108 of the Companies Act. Th…

The Tamil Nadu Motor Vehicles Taxation Act, 1974 was amended in 1998 to introduce a one‑time "life‑time tax" for vehicles registered on or after 1 July 1998, calculated on a "weight‑cum‑value" index. The tax was challenged as unconstitutional, discriminatory, and beyond the State's power under Entry 57 of List II of th…

The appellant, the legal representative of the deceased Mohan Das N. Hegde, challenged the Karnataka Motor Vehicle Taxation (Amendment) Act, 1997 which imposed a "life time tax" on vehicles based on their market value, classifying those costing Rs. 6 lakhs or more as a separate class. The appellant argued that this cla…

The appellant, M. Ahamedkuty Haji, constructed a shopping complex in 1987 and was assessed building tax by the assessing authority under Section 6(3) of the Kerala Building Tax Act, 1975 on 15‑Feb‑1988. After the local authority later fixed the capital value, the assessing authority invoked Section 15(1) to rectify the…

The farmers, including Sadhu Singh, purchased wheat seeds from Haryana Seeds Development Corporation and a cooperative credit society and alleged poor germination, filing a complaint under the Consumer Protection Act, 1986. The District Consumer Forum, State Commission, and National Commission all allowed the complaint…

A vacancy arose in the National Human Rights Commission (NHRC) and a retired Director of the CBI, a former police officer, was appointed as a member under Section 3(2)(d) of the Protection of Human Rights Act, 1993. The petition challenged his eligibility, arguing that police officers are disqualified and that the appo…

The appellant, Rahul Agarwal, filed a criminal complaint against Rakesh Jain arising from a land dispute, alleging offences under IPC sections 341, 294 and 506(2) read with 34. After the trial was posted for examination of the accused, the Assistant Public Prosecutor applied for withdrawal of the prosecution under Sect…

Kailash Verma, a partner in a rice mill, was charged under IPC sections 406 and 428 for alleged non‑delivery of paddy to the Punjab State Civil Supplies Corporation. He obtained discharge from the Chief Judicial Magistrate on the ground that he was a sleeping partner. The corporation challenged the discharge in a revis…

Larsen & Toubro Ltd. (L&T) operated a unit in the Kandla Free Trade Zone (FTZ) and exported two steel bridges to Malaysia in 1986. It procured steel from domestic sources at domestic prices and claimed reimbursement of the price differential under the International Price Reimbursement Scheme (IPRS). The Government reje…

Uttam Manohar Nakate, a helper employed by Bharat Forge Co. Ltd., was found sleeping on duty and admitted the misconduct. A domestic enquiry under Standing Order 24(1) of the Industrial Employment (Standing Orders) Act, 1946 found him guilty and dismissed him, noting three prior misconducts with minor punishments. Naka…

Jagjit Singh (Jagga) was convicted of murder of three persons and alleged rape based primarily on the testimony of a seven‑year‑old child witness, Billo (PW‑6). The child’s statements were recorded three and six days after the incident, after being allegedly prompted by her father, and she never identified the appellan…

The State of Punjab appealed against a Punjab and Haryana High Court order that dismissed a writ petition filed by Mohinderjit Kaur, who sought family pension from the date of her husband's death. The High Court had relied on the decision in State of Punjab v. Phulan Rani, a case disposed of by a Lok Adalat and later s…

The Punjab State Electricity Board appointed the respondent as a daily‑wage peon for a series of specific, conditional periods, ending when a regular employee was hired. After the appointment ended in June 1989, the respondent filed a demand for reinstatement in 1997; the Labour Court ordered reinstatement with back wa…

The State of Himachal Pradesh appealed the acquittal of Asha Ram, who had been convicted by the trial court for raping his minor daughter. The High Court set aside the conviction on the ground that the medical evidence was unreliable and that there was no corroboration of the victim’s testimony. The Supreme Court exami…

Kishore Chandra Samal was repeatedly appointed as a junior typist on a daily wage (N.M.R.) basis for specific fixed periods by the Orissa State Cashew Development Corporation. After the last fixed-term appointment expired on 3 May 1989, no further extension was given and his service automatically ceased. He claimed tha…

The appellants challenged the entitlement of the respondents to "temporary" status under the Casual Labourers (Grant of Temporary Status and Regularisation) Scheme, 1993. The respondents, who had worked as casual labourers from 1988 to 1997, claimed that they satisfied the scheme’s requirement of at least one year of c…

Sedco Forex International Drill Inc., a Panama‑incorporated company, supplied oil rigs and UK‑resident employees to ONGC under a wet‑lease arrangement. The employment contracts required alternating periods of work in India (≈35 days) and “field breaks” in the UK, during which employees received their full salary for tr…

The State of Punjab appealed against Mis Chhabra Rice Mills challenging the levy of purchase tax on the market fee charged to buyers under the Punjab General Sales Tax Act, 1948. The issue was whether the market fee, paid to the market committee, forms part of the turnover for tax purposes. The Court examined the defin…

Daily‑wage workers at Punjabrao Krishi Vidyapeeth performed permanent‑nature work continuously and alleged that they were being kept as temporary to deny them permanent benefits, invoking unfair labour practice provisions. The Industrial Court held that the university was guilty of unfair practice and directed it to re…

Noble Synth Ltd, a small-scale manufacturer of acrylic polymers, initially classified its products under SI No.42 of Notification No.53/88 (40% duty) and later claimed a clerical error to re‑classify them as emulsions under SI No.9 (20% duty). The revised classification was approved, but a show‑cause notice alleged col…

Medi Quip Systems Pvt Ltd filed an appeal against a winding‑up petition filed by Proxima Medical System GmbH under Section 433(e) of the Companies Act, 1956, alleging that the appellant had failed to refund US$5,000 and US$11,000 received as bid security. The appellant contended that the US$11,000 was remitted by a dif…

The case concerned a dispute over certain properties alleged to be part of a joint Hindu family estate. The trial court and first appellate court held that items 22‑26 and 29 were self‑acquired by Mottaya Poosali and that the settlement deed and will in his favour were valid. The Madras High Court, hearing a second app…

The Commissioner of Central Excise appealed against the exemption claimed by M/s Ginni Filaments Ltd., a 100% Export Oriented Unit manufacturing filament yarn, for items such as air‑conditioner sheets, tables and chairs. The assessee had obtained a CT‑3 certificate under Notification No. 123/81‑CE allowing removal of t…

The State of Andhra Pradesh challenged the claim by Mis Kone Elevators (India) Ltd. that its contracts for supplying, installing and commissioning lifts were works‑contracts, allowing deductions of labour charges under Section 5G of the Andhra Pradesh General Sales Tax Act, 1957. The assessee argued that installation r…

The Commissioner of Central Excise and Customs appealed against the classification of rubberised tyre cord fabric manufactured by Mis. CEA T Ltd., arguing that it should be taxed under tariff heading 59.02 rather than 59.06. The appellate court examined the provisions of the Central Excise Act, 1944 and the Central Exc…

The Central Excise Department appealed against M/s. CEAT Ltd. challenging the classification of dipped tyre cord fabric for excise duty. The Tribunal and the Commissioner had classified the fabric under specific tariff headings, but the Supreme Court examined whether it should fall under Tariff Heading 59.02 or 59.06 a…

The respondents, convicted of murdering the complainant’s two sons and attempting to murder other family members, were released on bail by the High Court of Patna through non‑speaking orders that failed to consider the seriousness of the offences, the risk of evidence tampering and witness intimidation. The Supreme Cou…

The appellant, an elector from Patiala Town, filed an election petition under Section 81 of the Representation of the People Act, 1951, alleging that the respondent, Amarinder Singh, committed corrupt practices by using a Class‑I gazetted officer and a police superintendent to further his election campaign. The Punjab …

Siddhartha Tubes Ltd manufactured MS pipes and subsequently galvanized them before clearing the finished product from its factory. The company argued that galvanization was not a manufacturing process and therefore its cost should not be added to the assessable value of the pipes. The Commissioner held that, although g…

Siddartha Tubes Ltd., a manufacturer of m.s./g.i. pipes, purchased sockets from the market and had them fitted by Madhya Pradesh Laghu Udyog Nigam Ltd. The company claimed a deduction for the cost of the sockets and the service charges incurred in fitting them under Rule 173‑C of the Central Excise Rules. The departmen…

The first respondent, M.R. Gavali, was appointed as an Assistant Teacher on a temporary basis for two consecutive academic years to a post reserved for SC/ST/NT candidates because no such candidate was available. He belongs to the OBC (Hindu Mali) category. Under Rule 9(9)(a) of the Maharashtra Employees of Private Sch…

The Supreme Court examined the detention of Abdul Kader and another detainee under Section 3(2) of the National Security Act, 1980. The appellants argued that the State Government and the Ministry of Home Affairs had not considered representations made on behalf of the detainees and that there was inadequate material t…

N.K. Rajgarhia sued Mahavir Plantation Ltd. for recovery of Rs. 75 lakh. The parties compromised, and a consent decree for Rs. 41,69,110 was passed, with a clause that dishonour of any cheque would make the whole balance payable and executable. The respondent defaulted, leading to execution proceedings and a further se…

The State of Punjab advertised 31 posts and selected candidates through a process that was later challenged in a writ petition by some unsuccessful applicants, with only 18 of the selected candidates made parties. The Punjab & Haryana High Court quashed the entire selection process, a decision upheld by the Supreme Cou…

Shree Hari Chemicals Export Ltd., a manufacturer of hydrochloric acid, claimed credit of excise duty on naphthalene under Rule 57A of the Central Excise Rules, 1944, despite a 1986 notification that excluded Chapter 27 inputs from such credit. After a show‑cause notice, the company sought to return the credit taken und…

The Uttar Pradesh State Agricultural Produce Market Board appointed 1,021 employees between April 1996 and October 1997 without complying with the statutory provisions of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 and its service regulations. The State later cancelled those appointments on a last‑come‑first…

A lecturer (Venkappa Gowda) assaulted the principal of a private college with a chappal and used abusive language. The management dismissed him under the Karnataka Private Educational Institutions (Discipline and Control) Act, 1975; he appealed to the Educational Appellate Tribunal, which set aside the dismissal and im…

Sonepat Cooperative Sugar Mills Ltd. employed Rakesh Kumar on daily wages in its computer department from 1 July 1998 to 31 August 1999 and later terminated his services. Kumar claimed the termination violated Section 25F of the Industrial Disputes Act, 1947 because he had worked more than 240 days in the preceding yea…

The case concerned eviction suits filed by thika tenants (Kanailal Ghosh and others) against Bharatias (Narayanchandra Ghosh and others) occupying rooms in a house. The suits were filed under the Calcutta Thika Tenancy Act, 1949, before the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 came into force. …

Rite Approach Group Ltd, a Singapore company acting as an agent for Russian Technologies (later merged into Rosoboronexport), helped procure a contract for six helicopters for India's Border Security Force and was entitled to a 16% commission. Rosoboronexport refused to pay the commission, prompting the petitioner to f…

The petitioner Md. Munna, convicted of murder and sentenced to imprisonment for life, filed a writ petition under Article 32 seeking a writ of habeas corpus, claiming that having served more than 21 years he should be released, contending that life imprisonment is equivalent to a term of 20 years under the West Bengal …

The Mahatma Gandhi Mission, a charitable trust, sought land from CIDCO for a college, hospital, club, stadium and staff quarters. While agreements were executed for the college, hospital, club and stadium, no deed or possession was ever given for the staff quarters. CIDCO cancelled the allotment of the disputed land an…

The appellant, a tenant, entered into an oral agreement of sale with the respondents (landlords) and later sued for specific performance. The respondents alienated the property to third parties and filed a counter‑claim for possession, alleging the tenant had denied the landlord's title. The trial court entertained the…

The appellant challenged the trial court’s acceptance of the respondent’s written statement, which was filed on 10 July 2004, well beyond the 30‑day normal period and the 90‑day maximum period prescribed under Order VIII, Rule 1 of the Code of Civil Procedure (CPC) as amended by the 2002 Amendment Act. The appellant ar…

Ahmed Noormohmed Bhatti challenged the criminal proceedings initiated against him on complaints of private respondents and sought a declaration that Section 151 of the Criminal Procedure Code (CrPC) was unconstitutional. The Gujarat High Court dismissed his petition, holding that the provision was limited to a 24‑hour …

The Kapra Mazdoor Ekta Union challenged the Industrial Tribunal’s recall of its award dated 12 June 1987, which was based on a settlement reached on 17 May 1983 during conciliation proceedings. The union filed an application for recall on 7 September 1987, two days before the award became enforceable under Section 17A …

The Bhiwandi Municipal Council took over a strip of land for road widening and granted the appellants only repair permission for the remaining land (ground + two storeys). The appellants nevertheless erected a six‑storey building. The Council served a notice under Sections 52 and 53 of the Maharashtra Regional and Town…

The wife obtained a judicial separation decree directing the husband to return ornaments worth Rs. 3,25,655 within one month, with a conditional order that if he failed to do so he would pay the value plus 9% interest per annum. The husband returned the ornaments after a delay but within a reasonable time, yet the High…

The Krishnasamy Reddiar Educational Trust applied to the National Council for Teacher Education (NCTE) for recognition to run a teacher‑training course for the 2004‑05 academic year, but submitted its application without the required No‑Objection Certificate (NOC) from the State Government. The NOC was obtained only on…

The respondent filed a second appeal before the Delhi High Court, and the appellant raised cross‑objections in that appeal. The respondent later withdrew the appeal, and the High Court dismissed the cross‑objections, holding that they ceased to exist upon withdrawal of the appeal. The appellant appealed to the Supreme …

The State of West Bengal imposed an entertainment tax on a multi‑system operator (Purvi Communication Pvt. Ltd.) and its sub‑cable operators under clause (ii) of sub‑section (4a) of Section 4A of the West Bengal Entertainment‑cum‑Amusement Tax Act, 1982 (as amended in 1998). The respondents challenged the provision as …

The Union of India (Southern Railway) entered into a construction contract with TECCO Trichy Engineers, which later gave rise to arbitration. The arbitral tribunal delivered a copy of its award to the General Manager's office on 12 March 2001, but the Chief Engineer, who signed the contract and represented the Railways…

The Andhra Pradesh Public Service Commission advertised for Assistant Public Relations Officer posts in 1995 and prepared a wait list valid for one year. While the original Rule 6 allowed selection from the wait list, it was amended on 30‑July‑1997 to require that fall‑out vacancies be filled in the next recruitment. T…

The appellant was accused of cheating under Section 420 IPC for allegedly failing to honour a 1988 agreement to sell a house and retain an advance payment. The complainant sent a legal notice in 1996, which the appellant denied, and only filed a private complaint under Section 200 CrPC in 1999, more than eleven years a…

The Supreme Court considered two appeals arising from suits alleging infringement of copyright and trade‑mark rights – one by Dhodha House (sweet‑meats) filed in the Ghaziabad district court and another by Patel Field Marshal (diesel engines) filed in the Delhi High Court. Both lower courts had held they lacked territo…

The dispute concerned the validity of inter‑State stage‑carriage permits issued under Section 88 of the Motor Vehicles Act, 1988. A 1968 reciprocal transport agreement between Rajasthan and Haryana fixed a ceiling of 13 permits, which had to be countersigned by the other State. The Rajasthan State Road Transport Corpor…

The appellant Transmission Corporation of A.P. Ltd. issued a show‑cause notice to the respondent Lanco Kondapalli Power Pvt. Ltd. seeking to re‑fix the capacity charges for a power purchase agreement, prompting the respondent to invoke the arbitration clause and seek a permanent injunction under Section 9 of the Arbitr…

The appellant underwent a prostate operation at Sir Ganga Ram Hospital and subsequently suffered continuous urinary leakage, pain and other ailments. He filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging medical negligence and seeking Rs. 40 lakh as compensation for deficiency…

The appellant, a partnership firm dealing in automobiles, entered into a dealership agreement with Hindustan Petro Corporation which was later terminated on the death of a partner and subsequently on grounds of payment defaults. The appellant filed a writ petition under Article 226 of the Constitution seeking restorati…

The Central Government Industrial Tribunal awarded a customary bonus to State Bank of India employees, which the bank’s management challenged. While the award was pending, Parliament enacted the Banking Laws (Amendment) Act, 1984, inserting provisions in the State Bank Act and related statutes that prohibited any bonus…

The landlord leased a room in Madras for a shoe/leather goods business, but the tenant also sold readymade garments, fixed sign‑boards, drilled holes for racks and obtained a separate three‑phase electric connection. The landlord sought eviction under Sections 10(2)(ii)(b) and 10(2)(iii) of the Tamil Nadu Buildings (Le…

Gurcharan Singh, a former employee of a cooperative society in Himachal Pradesh, filed a writ petition challenging his termination, alleging that the society was a "State" within the meaning of Article 12 and thus subject to judicial review under Article 226. The Himachal Pradesh High Court dismissed the petition, hold…

A single judge of the Allahabad High Court, while disposing of a contempt petition, directed that the respondent, Ved Prakash Joshi, was entitled to arrears of salary despite the absence of an explicit direction in the original order. The appellant, Director of Education, Uttarakhand, challenged this, contending that a…

The Zoroastrian Co‑operative Housing Society Ltd. (appellant) was formed to provide housing for members of the Parsi community and its bye‑law 7 limited membership to Parsis. Respondent No. 2, a qualified member, sought to transfer his share to Respondent No. 3, a non‑Parsi builder, but the Society refused permission u…

Vasant Tukaram Pawar was convicted under the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income and sentenced to seven years' rigorous imprisonment and a fine of Rs.1,00,000. He appealed to the Bombay High Court seeking suspension of the sentence and release on bail under Sect…

The case arose from a violent altercation in the village of Walkewadi where the deceased Krishna and his son Bajirao, accompanied by family members, went to the fields armed with axes and sticks. The appellants, Dattu Shamrao Valke and Tanaji Shamrao Valke, also armed with a double‑barrel gun, axes and sticks, attacked…

The Supreme Court entertained Transfer Petition (C) No. 29 of 2005 arising out of a matrimonial suit between Ashwani Kumar and Seema. The Court ordered an interim stay of the pending suit and directed issuance of notice. While hearing, the Court observed that the absence of official records of marriage dates and partie…

The Agasthy ar Trust, a charitable trust recognized under the Income Tax Act in 1977, sought exemption from urban land tax for land held between 1965 and 1976 under the Tamil Nadu Urban Land Tax Act, 1966. The trust relied on earlier Government Orders (1976) that granted total exemption to charitable institutions, argu…

The Supreme Court examined applications by project‑affected families (PAFs) from Madhya Pradesh seeking rehabilitation benefits under the Narmada Water Disputes Tribunal (NWDT) award after the Sardar Sarovar Dam was raised to 110 metres. The petitioners argued that both permanently and temporarily affected families, as…

The petitioner, a peon appointed as "fourth peon" in an aided secondary school, sought State approval for his appointment, which was denied by the authorities. The High Court held that the denial was unjustified and ordered the appointment to stand. On appeal, the Supreme Court examined the relevant circulars fixing st…

Harshad Chimanlal Modi filed a suit in the Delhi High Court for specific performance and possession of immovable property situated in Gurgaon. The suit was later transferred to the Delhi District Court, where the defendants amended their written statement to raise a jurisdictional objection under Section 16 of the CPC,…

The suit for specific performance of a house sale was decided in favour of the plaintiff, Raghu Nath Prasad, who later died. His legal representatives and an assignee, Saraswati Devi Gupta, claimed the decree. The Supreme Court earlier upheld the assignee’s right to enforce the decree and to prefer appeal, rejecting a …

The Food Corporation of India (FCI) initiated disciplinary proceedings against its employee, Sonelal, and imposed compulsory retirement under Regulation 56 of the FCI (Staff) Regulations, 1971. Sonelal challenged the order, arguing that it was passed by an authority lower in rank than the appointing authority, the Zona…

The Supreme Court examined a civil appeal (No. 918 of 2000) wherein the Himachal Pradesh High Court had allowed a second appeal under Section 100 of the Code of Civil Procedure, 1908, without formulating any substantial question of law. The appellant contended that the High Court erred by reversing the findings of fact…

The employee joined Bank of India in 1976 under the Scheduled Tribe reservation and was promoted in 1984. His caste certificate was referred to the Scrutiny Committee in 1987, which repeatedly invalidated it on grounds of fraud. The Bank terminated his services in 2002, but the Bombay High Court reinstated him, holding…

The Supreme Court examined the appeal of Satbir Singh and others, who were convicted for the dowry death of Shanti Singh under IPC Sections 304‑B, 498‑A and 201. The prosecution proved that Shanti was harassed for additional dowry (Rs 7,000) shortly before her death, that she died within seven years of marriage under s…

The respondent, Rudhan Singh, was employed on a daily‑wage, class IV basis by Haryana Roadways from 16 March 1988 to 28 February 1989 with intermittent breaks. His services were terminated without notice or retrenchment compensation and he later demanded reinstatement. The State Government referred the dispute to the I…

The respondent, Constable Sukhwinder Singh, was discharged under Punjab Police Rule 12.21 after unauthorised absence, and he sued for a declaration that the discharge was illegal because it was punitive and made without a formal inquiry. The High Court held the discharge was punishment requiring a departmental inquiry …

The Election Commission notified elections for the Uttaranchal Legislative Assembly and the appellant, Anil Baluni, filed four sets of nomination papers on 22 January 2002 along with Forms A and B of the Election Symbols (Reservation and Allotment) Order, 1968. The Returning Officer later rejected the papers, claiming …

The appellant insurer disputed a claim for damage to a taxi when a tree fell on it, arguing that the loss was caused by a storm and therefore excluded under the policy. The complainant initially admitted the storm in his claim and in a letter from his brother, but later produced a meteorological certificate asserting t…

M. Singh, appointed as Patwari in 1958, claimed his date of birth was 1 Oct 1934, but an enquiry established it as 25 Nov 1931, leading to his dismissal. He sued to have the service book entry of 1 Oct 1934 upheld, relying on a horoscope. The trial court dismissed the suit; the first appellate court accepted the horosc…

The M.P. Housing Board advertised residential and commercial units, stating an estimated cost of Rs 39 lacs for a showroom. The respondent, Anil Kumar Khiwani, applied and paid the 10 % registration amount based on that advertisement. After detailed project reports, the Board revised the actual cost to Rs 71 lacs and g…

Andhra Bank, a secured creditor, appealed against a Calcutta High Court order that directed it to pay Rs 38 lakhs on an ad‑hoc basis to the official liquidator for disbursing workmen’s salaries. The Supreme Court examined whether the High Court had jurisdiction to issue such an order, the priority of workmen’s dues ver…

The Reserve Bank of India (RBI) terminated a group of temporary workers known as "Ticca Mazdoors" who had been employed between 1980 and 1982 after alleging they produced forged certificates; they were later acquitted in criminal trials. In 1987‑88 they sought re‑employment, were refused, and raised an industrial dispu…

The appellant, Management of M/s. Sonepat Co‑operative Sugar Mills Ltd., terminated the services of Ajit Singh, who was employed as a Legal Assistant. Singh claimed that he was a "workman" under Section 2(s) of the Industrial Disputes Act, 1947 and sought reinstatement with back wages. The Labour Court and the Punjab &…

The assignee imported an oil drilling rig and declared its CIF value for customs clearance. The Customs Commissioner rejected the declared price, deeming it under‑declared, and levied duty, penalty and confiscation, arguing that the buyer and seller were related parties and the price was therefore not the transaction v…

The Supreme Court examined whether an employer could close an industrial undertaking and retrench workmen without obtaining prior permission from the appropriate Government, and whether a settlement reached between the parties could override the statutory requirements of Sections 25‑N and 25‑0 of the Industrial Dispute…

Shiv Dayal Gupta, an Additional District Judge of the Rajasthan Higher Judicial Service, was compulsorily retired on the basis of a Review Committee report prepared by four senior High Court judges and approved by the Full Court, which held that his continuance would be a liability to the department and adverse to publ…

The State of Madhya Pradesh prosecuted Saleem@Chamaru and another accused for assaulting a police constable with a knife, invoking IPC sections 307 (attempt to murder) and 333 (voluntarily causing hurt to a public servant). The trial court sentenced them to five years for the 307 charge and four years for the 333 charg…

In a partition suit, a final decree was passed on 7 August 1981 but was not engrossed on stamp paper until the respondents furnished the required stamp papers on 25 May 1982. The appellant filed an execution application on 21 March 1994, arguing that it was barred by the 12‑year limitation period under Article 136 of t…

Sanjeev Bhatnagar, an advocate, filed a writ petition under Article 32 seeking a direction to the Union of India to delete the word “Sindh” from the National Anthem, arguing that Sindh is no longer part of India after Partition. The petition, previously dismissed, was re‑filed and opposed by several Sindhi organisation…

The State of Madhya Pradesh appealed against the High Court's reduction of a seven‑year rigorous imprisonment awarded to Babbu Barkare @ Dalap Singh for rape under Section 376 IPC to the eleven months already served, on the ground that the accused was an illiterate labourer from a rural area. The Supreme Court held tha…

The case concerned the removal of Ajendraprasadji Narendraprasadji Pandey from the post of Acharya of a Swaminarayan religious institution and the subsequent appointment of Rakesh Prasadji Mahendra Prasadji. The removal was based on a resolution passed by a body calling itself Satsangha Mahasabha, whose authority was c…

Four brothers were tried for the murder of Rajeswaran by setting him on fire and for the attempted murder of his brother (PW‑1). The prosecution alleged that A‑1 struck Rajeswaran on the head with a bottle, after which A‑2 threw a burning kerosene lamp, causing the victim to catch fire; A‑2 also stabbed PW‑1. The trial…

The appellants, Amit Kumar Shaw and Anand Kumar Shaw, purchased the suit property from the original defendants during the pendency of two second appeals before the Calcutta High Court. They filed applications under Order I Rule 10 and Order XXII Rule 10 of the CPC seeking substitution of their names in place of the ori…

The case concerned a transaction where the respondents sold a property to the appellants for Rs 45,000 and, on the same day, entered into an agreement for reconveyance of the same property upon payment of the same amount within seven to nine years. The respondents claimed the arrangement was a mortgage and that the deb…

The appellants' lands were acquired in 1980 under the Land Acquisition Act, 1894 for submergence by the Kadana Dam. The dispute centered on how to determine the market value of the acquired lands, whether deductions for development and for the largeness of the tract could both be made, the appropriate percentage of suc…

The appellants (Swamy Atmananda and others) challenged a Madras High Court judgment that had upheld a decree declaring the respondent society (Sri Ramakrishna Tapovanam) as the sole educational agency of several private schools. The key issue was whether Sections 53 and 53A of the Tamil Nadu Recognized Private Schools …

The appellant, Swamy Atmananda, challenged a Madras High Court order that had granted a writ of mandamus under Article 226 directing the respondents to assist in taking over management of certain institutions in accordance with a decree of a civil court. The High Court had allowed the writ petition, treating it as an a…

The State of Rajasthan appealed the acquittal of Biram Lal for the offence of rape under Section 376 IPC. The trial court had convicted him under Sections 376 and 450 IPC based on the testimony of the prosecutrix and four witnesses. The High Court upheld the conviction for house‑trespass (Section 450) but set aside the…

The Commissioner of Central Excise appealed against the order of the Customs, Excise & Gold (Control) Appellate Tribunal which had held that the advances received by Hero Honda Motors and the interest earned thereon did not affect the assessable value of its motorcycles. The Tribunal had found that the advances were in…

The petitioners, employees of various public sector undertakings in Bihar, sought enforcement of their fundamental right to life under Article 21 after prolonged non-payment of salaries, which had resulted in several deaths. The Supreme Court examined whether the States of Bihar and Jharkhand, as shareholders and contr…

The appellants, Drivers Grade‑C of Central Railways, were promoted to Loco Supervisors before 1 January 1986. After the Fourth Pay Commission’s recommendations took effect on that date, Drivers Grade‑A promoted thereafter received a higher running allowance, leaving the earlier promoters with lower pay. The Railway iss…

Umesh Kamat was convicted under Section 396 IPC for a night dacoity in which an inmate was killed. The conviction rested solely on the testimony of three eyewitnesses (PW1, PW3, PW4) who identified him in a test identification parade held seven weeks after the incident, despite the dacoits wearing masks. The Supreme Co…

The petitioners, industrial undertakings linked with Coal India Ltd., challenged the company’s new e‑auction scheme which required them to pay a price higher than the previously notified price for coal. They sought interim relief to continue receiving coal at the notified price. The Supreme Court, after hearing both si…

The respondent, a conductor, was suspended and later removed from service for not issuing tickets. The Labour Court reinstated him but held he was not a permanent conductor and therefore denied back wages. The respondent filed an application under Section 6(6) of the Uttar Pradesh Industrial Disputes Act seeking modifi…

The Management Committee of Montfort Senior Secondary School terminated Assistant Teacher Vijay Kumar on disciplinary grounds. Kumar appealed the termination to the Delhi School Tribunal under Section 8(3) of the Delhi School Education Act, 1973, while the school sought referral of the dispute to arbitration under Sect…

The respondent was appointed as an Assistant Professor on a one‑year probationary basis on 6 September 1994, relieved before the term ended, and then re‑appointed on 1 September 1995 for a six‑month probationary period ending 29 February 1996. He challenged the order relieving him on 1 March 1996, arguing that the appo…

The appellants, holders of B.Ed. degrees, applied for primary school teacher posts in West Bengal where the 1991 recruitment rules require a "trained candidate" to possess a Junior Basic Training/Primary Teacher Training Certificate (JBT/PTTC). They were denied marks for training qualification and contended that a 1971…

Mis Taj Rubber Industries ordered a rubber mixing machine from Mis Premier Engineers in 1980, but the machine was delivered only in 1990 and was alleged to be defective, fitted with second‑hand parts and lacking an oil system. The respondent filed an application under Section 12‑B of the Monopolies and Restrictive Trad…

The Supreme Court examined the extent to which State governments may regulate admissions, fee structures, and quota allocations in unaided professional educational institutions, both minority and non‑minority, following the earlier decisions in T.M.A. Pai Foundation and Islamic Academy. It held that while the State may…

Shin‑Etsu Chemical Co. Ltd. entered into a contract with AKSH Optifibre Ltd. containing an international arbitration clause. After the contract was terminated, the respondent sued for a declaration that the arbitration agreement was void, while the appellant sought a direction under Section 8 of the Arbitration and Con…

The Commissioner of Trade Tax, U.P. appealed against the eligibility certificate granted to Mis. Kajaria Ceramics Ltd. for exemption from trade tax under the 1991 Notification. The company had expanded its ceramic tile plant in three stages between 1990 and 1994, increasing capacity from 12,000 TPA to 60,000 TPA, and c…

The Supreme Court examined a public‑interest writ petition challenging the constitutionality of the Illegal Migrants (Determination by Tribunals) Act, 1983 (IMDT Act) and its 1984 Rules, which were applicable only to Assam for detecting and deporting illegal migrants. The Court held that the Act and Rules were ultra‑vi…

The appellant, Smt. Ram Sakhi Devi, challenged a judgment of the Patna High Court that restored a trial court decree in a land title suit on a second appeal under Section 100 of the Code of Civil Procedure, 1908. The High Court had decided the appeal without formally framing a substantial question of law as mandated by…

The appellant, Kedar Nath Dubey, was the successful bidder at an auction of land under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, after the respondent, Sheo Narain Dubey, defaulted on a loan. The auction sale was confirmed by the Sub‑Divisional Magistrate (SDM). The respondent challenged the conf…

The Commissioner of Central Excise appealed against a judgment of the Central Excise, Customs and Gold (Control) Appellate Tribunal (CEGAT) which had allowed Mis. Grasim Industries Ltd., a subsidiary, to claim exemption under Notification No. 5/98‑CE. The subsidiary printed on its cement bags the words "Manufactured by…

The Supreme Court examined whether the Indore Development Authority could lawfully approve Town Development Scheme No. 78 after the earlier Improvement Trust had invited objections under the Trust Act. The Court held that the Authority duly complied with the procedure prescribed by the Madhya Pradesh Nagar Tatha Gram N…

The State of Rajasthan appealed a conviction of Ram Chandra under Sections 8 and 18 of the NDPS Act, arguing that the High Court erred in holding that the search of the accused in the presence of Deputy Superintendent of Police (a gazetted officer who was part of the raiding party) violated Section 50. The Supreme Cour…

The petitioners, two minor students, feared loss of seats in the 15% All India Quota (AIQ) for MBBS/BDS courses because several states failed to adhere to the prescribed admission time‑schedule, causing vacancies to revert to state quotas. The Supreme Court examined whether the AIQ must be calculated including Section …

The Supreme Court examined whether a confession recorded under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) remains admissible for offences under other statutes when the accused is acquitted of TADA charges but tried together with those offences under Section 12. The Court held th…

The landlord filed an eviction petition under Section 12 of the Tripura Buildings (Lease and Rent Control) Act, 1975 alleging non‑payment of rent and a bona‑fide requirement. The Rent Control Court found the tenants in arrears and ordered eviction; the tenants’ appeal under Section 20 was dismissed by the Civil Judge b…

The appellant Mathai was convicted by the trial court and the Kerala High Court for voluntarily causing grievous hurt by using a stone, under Section 326 of the Indian Penal Code (IPC). He appealed to the Supreme Court, contending that the injury did not amount to "grievous hurt" and that the stone could not be classif…

The appellants were recruited as Tracer Draftsmen between 1974‑76 under a government relaxation of the qualification requirements in Rule 6(i) of the Himachal Pradesh PWD Draftsmen and Tracers Rules, 1961. They were placed in the seniority list in 1977 before passing the departmental examination, qualified in 1980, and…

The Uttar Pradesh State Road Transport Corporation (U.P.S.R.T.C.) dismissed conductor Mahendra Nath Tiwari for driving a bus without authority, failing to issue a ticket to a lone passenger, and possessing twelve used tickets. The Labour Court reduced the punishment, reinstated him with continuity of service, and order…

The State of Andhra Pradesh issued a Pay Revision Committee recommendation and Government Order No. 114 (1999) that revised pay scales would be notionally effective from 1 July 1998 with monetary benefits payable from 1 April 1999. Employees who retired between 1 July 1998 and 31 March 1999 claimed pension, gratuity an…

The Punjab State Electricity Board (the Board) was appealed against for refusing to supply electricity to a group of agriculturists (Zora Singh and others) despite receipt of security deposits and compliance with formalities. The District Consumer Forums, State Commission and National Consumer Disputes Redressal Commis…

The employer, Hindustan Steel Works Construction Ltd., withdrew a construction allowance previously paid to employees at the Vizag steel plant and the employees' union filed a writ petition under Article 226 alleging violation of Section 9A of the Industrial Disputes Act, 1947. The Andhra Pradesh High Court held the pe…

The Supreme Court examined whether the Central and Punjab State Governments could limit the enhanced death‑cum‑retirement gratuity, linked to dearness allowance, to employees who retired or died on or after 1 April 1995. Employees who retired before that date claimed the cut‑off was discriminatory under Article 14. The…

The Banking Services Recruitment Board advertised for Probationary Officer posts requiring a graduate degree and age 21‑30. A visually‑impaired applicant, who satisfied both criteria, applied but her application was rejected on the ground that blind candidates were not recruited for the post. She filed a writ petition …

Rajendra Construction Company (RCC) entered into construction contracts with Maharashtra Housing and Area Development Authority (MHADA) but was not paid. The dispute was referred to a sole arbitrator under the Arbitration Act, 1940, who awarded sums and interest at 18% per annum and the award was made a rule of court. …

The appellants filed a suit in 1996 seeking a declaration of ownership and a permanent injunction over land allegedly transferred by a 1953 sale deed that they claimed was actually a loan secured by an oral agreement to reconvey the property upon repayment. They asserted that the loan was fully repaid on 25 March 1987 …

The lessee, Shanti Prasad Devi, held a petrol pump on premises leased for fifteen years and sought renewal after the lease expired, sending a notice and continuing to pay rent which the lessor accepted. The lease contained specific renewal clauses requiring the option to be exercised before expiry and the terms to be f…

The Supreme Court considered whether teachers who, after attaining the age of superannuation, continued in service under Rule 62 of the Kerala Education Rules, 1959 were entitled to the benefit of a pay revision that took effect during the extended service period. The State of Kerala argued that Rule 60(c) of the Keral…

Technip SA and its French subsidiary Coflexip acquired a controlling stake in SEAMEC, an Indian company, prompting SEBI to invoke the Substantial Acquisition of Shares and Takeover Regulations, 1997. SEBI held that French law governed the determination of when control was obtained, concluding that Technip gained contro…

The Supreme Court examined the appeal of four accused convicted for the murder of Balmukund under Sections 302 read with 149 and 148 of the IPC. The prosecution relied on three eye‑witnesses who identified the accused despite the incident occurring at around 6 p.m., and on medical evidence showing axe‑type injuries. Th…

The managing director of Shubh Shanti Services Ltd. was allotted a company flat during his employment; after his death his widow and daughter continued to occupy it. The company served notice to vacate, but the respondents claimed they were allowed to stay until another flat was provided, based on an oral assurance fro…

The case arose from a strike that closed 58 textile mills in Bombay, leading to the framing of Regulation 58 under the Maharashtra Regional and Town Planning Act to modernise mills and develop surplus land. The regulation was amended in 2001, prompting a public interest litigation challenging its validity. The Bombay H…

The State of Chhattisgarh invited applications for retail liquor licences and, after receiving over 2.6 lakh applications, selected candidates by computer‑drawn lottery. Several applicants challenged the process, contending that Rule 9(d) of the 2002 Rules required a notarised affidavit at the pre‑selection stage and t…

The Supreme Court examined an appeal concerning the allotment of a LPG dealership in Kangra district, Himachal Pradesh. The eligibility notice required the applicant to be a "resident" of Kangra, but the respondent argued that her marital connection to a husband owning property there satisfied the criterion. The trial …

The landlord (Achal Misra) sought to set aside orders of allotment of two floors of a building to tenants under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, arguing that the earlier declaration of vacancy was erroneous and that the High Court erred in holding that the vacancy …

The widowed appellant Sona Bala Bora and her children claimed that their father‑in‑law Bhogirath Bora, who had sold three bungalows to the respondent Jyotirindra Bhatachary, was of unsound mind when he executed the sale deed and that a prior criminal‑case compromise required him to gift one bungalow to the first appell…

Two brothers, who were co‑owners of inherited land with three sisters, entered into a sale agreement with the appellant and an arbitration agreement to fix the price. The first arbitral award was set aside by the civil court on two grounds: breach of natural justice and the fact that the sisters, who owned a 3/5 share,…

The landlord, Smt. Kamal Saroj Mahajan, leased a showroom to four brothers jointly under a lease deed dated 4 September 1977 for Rs. 2,500 per month, later increased to over Rs. 3,500, causing the Delhi Rent Control Act to cease applying. She served a notice under Section 106 of the Transfer of Property Act terminating…

An election petition was presented to the designated election judge of the Patna High Court at 4:25 pm on the last day of the 45‑day limitation period, after the judge had retired from open court but was still in chambers. The judge refused to accept the petition, citing High Court Rules that required presentation only…

Vithalbhai Pvt. Ltd., the lessor of a lease that expired on 24 June 1984, served a notice to the lessee demanding vacant possession and filed a suit for eviction on 16 April 1984, twelve weeks before the lease term ended. The defendant argued that the suit was premature and not maintainable. The High Court Single Judge…

Bolin Chetia, a losing candidate in the Assam Legislative Assembly election, appealed to the Supreme Court under Section 116A of the Representation of the People Act, 1951 after his election petition was dismissed by the High Court. The Court considered whether a statutory first appeal of right must automatically be ad…

The appellant filed a probate suit seeking probate of a will, which the respondents alleged was forged and filed a criminal complaint under various IPC sections. The trial court dismissed the complaint invoking the bar under Section 195(1)(b)(ii) of the Code of Criminal Procedure (CrPC). On revision, the Sessions Court…

Universal Glass Ltd., a manufacturer of glass bottles, supplied 50% of its output to its parent company Jagatjit Industries Ltd. (JIL) for captive consumption and sold the remainder to independent industrial buyers. The assessee valued the bottles sold to JIL by referencing prices charged to the independent buyers, fil…

The assessee, Hindustan National Glass and Industries Ltd., manufactured glass bottles that were normally delivered loose at the factory gate, with buyers optionally requesting packing using durable, returnable containers. The Revenue issued numerous show‑cause notices demanding duty on the packing charges collected by…

The case concerned the selection of migrant Scheduled Caste (SC) candidates for posts reserved for SCs in the Union Territory of Pondicherry. The Central Administrative Tribunal (CAT) had declared the selection illegal, holding that only SCs listed in the 1964 Presidential Order for Pondicherry were eligible. The Union…

The petitioners, migrant Scheduled Caste candidates, challenged the Central Administrative Tribunal's (CAT) order allowing certain respondents to retain positions without reservation. The Madras High Court had dismissed the writ petition, but the Supreme Court revisited the matter, noting that the issues were identical…

Prof. Yashpal and other petitioners filed writ petitions under Article 32 challenging the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Act, 2002 and its 2004 amendment, alleging that Sections 5 and 6, which allow the State to create private universities by Gazette notification without any infrastr…

The case concerned an eviction suit filed by a landlord under the Karnataka Rent Control Act against a tenant, H.S. Anand, who had deserted his wife, B.P. Achala Anand, leaving her in the tenanted matrimonial home. The wife sought to be impleaded and to contest the eviction, arguing that she retained a right to residen…

Bhuna Co-operative Sugar Mills Ltd. filed income tax returns for AY 1992‑93 and 1993‑94 claiming a loss and seeking deduction of interest payable on loans to creditors. The Assessing Officer disallowed the deduction under Section 43B(d) and levied penal tax under Section 141(1)(A). The Commissioner of Income Tax (Appea…

J.H. Jadhav, an employee of Forbes Gokak Ltd., was denied a promotion and raised an industrial dispute, claiming that the Gokak Mills Staff Union had espoused his cause. The Industrial Tribunal, after examining oral and documentary evidence, held that the dispute was industrial because the Union, though not a majority …

The Supreme Court examined the constitutional validity of the Bombay City Civil Court and Bombay Court of Small Causes (Enhancement of Pecuniary Jurisdiction & Amendment) Act, 1987, the Maharashtra High Court (Hearing of Writ Petitions by Division Bench and Abolition of Letters Patent Appeals) Act, 1986, and the Madhya…

The case concerned the nomination and subsequent termination of four members to the Mara Autonomous District Council (MADC) in Mizoram. The Governor had nominated the members on 8 August 2000 under the Sixth Schedule, terminated them on 5 December 2001, and re‑nominated four members on 6 December 2001. A writ petition …

The Supreme Court examined two election disputes where candidates had been convicted and sentenced to imprisonment of more than two years, raising questions about disqualification under Section 8(3) of the Representation of the People Act, 1951. It held that the relevant dates for determining qualification are the date…

The State of Bihar enacted notifications licensing the use, possession and sale of Ayurvedic medicinal preparations containing alcohol, after amending the Bihar Excise Act, 1915 to include such preparations within the definition of "intoxicant". Manufacturers challenged the constitutional validity of the amendment and …

The appellant, Janak Singh, contested the election of Ram Das Rai to the State Assembly, alleging miscounting of ballot papers, failure to grant a recount under Rule 63 of the Conduct of Election Rules, 1961, and various irregularities in the counting process. The High Court found that the petitioner could not demonstr…