Judgments of 2006

Surinder Singh Banolta was elected to the Zilla Parishad on 5 January 2001. Earlier, in 1998, he had been declared an encroacher under the Himachal Pradesh Public Premises (Rent Recovery and Land Eviction) Act, a disqualification ground under Section 122(c) of the Himachal Pradesh Panchayati Raj Act, 1994. A complaint …

The appellant, a tenant, challenged an order fixing fair rent by filing a revision petition under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The High Court admitted the petition on the condition that the appellant deposit 50% of the arrears and continue paying the reduced rent. The Supre…

Laut Kumar Verma, engaged on daily wages, applied before the Labour Court for classification as a permanent clerk, claiming that continuous service of more than six months entitled him to permanent status under Clause 2 of the Standard Standing Orders and protection of Section 25‑F of the Industrial Disputes Act. The L…

The Hotel & Restaurant Associations, representing owners of large and small hotels, challenged the rates demanded by broadcasters under TRAI's tariff orders, arguing that they are consumers entitled to TDSAT's jurisdiction under Section 14 of the TRAI Act. TDSAT held that the hotels were not subscribers or consumers an…

The appellant purchased a flat from DLF Universal Ltd. and paid earnest money and instalments, but later could not continue payments and sought a refund of the amounts paid, proposing a swap for a smaller property. DLF refused to adjust the earnest money and the appellant filed an application before the Monopolies and …

The appellant Jagdishmura was charged under Section 307 IPC for allegedly firing a pistol at the neck of PW‑2, a driver, in an attempt to murder him. The trial court acquitted him, finding the key witnesses’ statements contradictory, the motive unestablished, and the FIR ante‑dated and improperly investigated. The High…

The respondent, a Chief Commercial Inspector of the South Eastern Railway, was convicted under Section 13(2) of the Prevention of Corruption Act, 1988 for possessing assets disproportionate to his known income. The conviction was set aside by the High Court on the ground that the sanction for prosecution was granted by…

The appellants, a group of villagers, forcibly took the deceased Baijnath Singh and his brother onto a boat, assaulted Singh, resulting in his death; the body was recovered after five days and identified by several eye‑witnesses. The trial court convicted the accused under Sections 302, 34 and 201 IPC, a decision affir…

The appellant had earlier mortgaged a portion of a house to a third party and later executed a single document selling the entire house to the respondents, which contained a right to redeem the mortgage. The respondents attempted to redeem, were refused, and filed suit for redemption and specific performance. The trial…

Punjab Laminates Pvt. Ltd. manufactured paper‑based decorative laminated sheets and classified them under Chapter 39 of the Central Excise Tariff Act, 1985. The Commissioner of Central Excise argued that the goods should fall under sub‑heading 4823.90 of Chapter 48 and that the exemption under Notification No. 135/89‑C…

Kishori Lal, an agriculturist, obtained a loan from the District Land Development Bank in 1971 and mortgaged his agricultural land as security. He was a minor at the time of the loan, defaulted on repayment and the bank initiated recovery proceedings culminating in an auction of the mortgaged land. The Board of Revenue…

The appellant, a student, claimed membership in the Halba Scheduled Tribe to obtain admission to a Bachelor of Engineering program, but the Caste Scrutiny Committee later invalidated his caste certificate. He continued his studies under interim orders of the High Court, completed the course, and sought his degree after…

The appellants, two brothers, were convicted of murder (Sec. 302 IPC) and causing hurt (Sec. 324 IPC) for the death of their uncle Devaji and injuries to his children during a property‑related dispute. They claimed they acted in private defence after being attacked by the deceased and his son, who allegedly came armed.…

The daily‑wage workman Mohammed Rafi claimed that his termination by Krishna Bhagya Jala Nigam Ltd. violated Section 25‑F of the Industrial Disputes Act, 1947, and the Labour Court ordered his reinstatement. The employer appealed; a single High Court judge set aside the award, holding that the workman had not proved he…

The Bihar State Financial Corporation, a statutory body under the State Financial Corporations Act, 1951, approved a loan to a small‑scale industrial unit and later agreed to an additional term loan of Rs 15 lakhs conditioned on the submission of a DGTD registration certificate. The loan agreement was registered withou…

MIS O.N.G.C. Ltd imported 3‑D seismic tapes and claimed exemption from customs duty under the 1999 notification, which required an Essentiality Certificate (EC) issued by the Directorate General of Hydrocarbons and a valid Petroleum Exploration Licence (PEL). The original licence expired on 14‑Nov‑1997; ONGC applied fo…

The promoters of a proposed company purchased a house and land before incorporation and later transferred the title to the incorporated company, which was declared the owner by a decree. The promoters, acting as directors, subsequently entered into a sale agreement with the appellants and also leased the property, lead…

The appellant, General Manager of Vijaya Bank, terminated the employment of the respondent clerk on grounds of repeated unauthorised absences, issuing notices requiring him to report within 30 days. The respondent reported within the stipulated period after each notice, but the bank refused his re‑entry and treated him…

Om Prakash Srivastava, extradited from Singapore, filed a writ petition in the Delhi High Court under Article 226 alleging violation of the Extradition Act and inhuman prison conditions in Uttar Pradesh. The Delhi High Court held that it might have jurisdiction but that the Allahabad High Court could more effectively d…

The original respondent, Santwant Singh Gill, entered into an agreement with the Executive Engineer of the Indravati Dam for concrete‑cum‑masonry work, but failed to complete the work and was later replaced by another contractor. Gill filed a money suit against the State of Orissa, the General Manager of the Upper Indr…

The Supreme Court examined the constitutional validity of Section 4A of the Rajasthan Sales Tax Act, 1994, which levied tax on the first point sale of drugs, medicines and formulations by wholesalers to retailers based on the Maximum Retail Price (MRP) printed on the package rather than the actual consideration paid. T…

The Baranagore Jute Factory was ordered to be wound up in 1987 but a scheme of arrangement was later approved, allowing the mill to operate as a going concern under a committee of management. The scheme earmarked a fund with the High Court registrar for payment to pre‑scheme unsecured creditors, including the Nemani Gr…

The Tunisian company Groupe Chimique Tunisien supplied phosphoric acid to Southern Petrochemicals under purchase orders that incorporated the Fertilizer Association of India (FAI) terms, which contain an arbitration clause (clause 15). After non‑payment, the supplier sued in a Jordanian court, where the respondent argu…

Harsh Vardhan Bansal applied for an industrial flat under the Chandigarh Housing Board scheme, which requires that the applicant and his family not own any residential property. A complaint alleged that Bansal already owned a flat in NOIDA under the Air Force Naval Housing Board scheme, leading the Board to cancel his …

The landlord, Ram Niwas, filed an eviction suit against tenants Gurubachan Singh and another, alleging default in rent and unauthorized sub‑letting of a shop to the Rajasthan Tourism Development Corporation (RTDC) at Rs 2100 per month for four months. The tenants contended that they had deposited rent in court under Se…

The appellant, D. Anuradha, challenged the preventive detention of her husband under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, alleging procedural violations. She contended that the reference to the COFEPOSA Advisory Board was made after the statutory five‑we…

The predecessor of the respondents was granted a lease over forest land, but later encroached on an additional 146.42 acres. The Kerala State Government initially decided to regularise the encroachment by granting a lease, but after the Forest Conservation Act, 1980 came into force, it rejected the request, stating tha…

The New Okhla Industrial Development Authority (NOIDA) acquired land belonging to several cooperative societies and, as per its policy, was to allot 40% of the acquired land to the societies' members. The Kendriya Karamchari Sahkari Grih Nirman Samiti claimed ownership of 292 bighas, provided a member list, and NOIDA a…

Purushottam Kumar Jha, appointed as a Field Clerk on compassionate grounds by the State of Bihar in 1996, was provisionally transferred to the newly created State of Jharkhand after the Bihar Reorganisation Act, 2000. He claimed he was actually a Law Officer/Legal Assistant, refused clerical duties, and alleged that th…

On the day of a West Bengal Assembly election, Assistant Commissioner Sankaran Moitra led a police lathi charge at a polling booth, during which the husband of complainant Sadhna Das was beaten to death. A private complaint was filed, the Chief Judicial Magistrate took cognizance and issued a warrant. The accused sough…

The Union of Employees of a Government undertaking challenged a notification that enhanced employee and employer contributions under the Employees State Insurance Act, claiming it did not apply to them. A Rajasthan High Court dismissed the writ as non‑maintainable but directed the ESIC to "consider" waiving the contrib…

Sub‑Post Master A. Sudhakar was charged with misappropriating Rs 5,000 received for a Kisan Vikas Patra. A departmental enquiry found him guilty of the first charge and part of a third charge and the Director of Postal Services, who was also his appointing authority, imposed compulsory retirement. Sudhakar appealed to …

A taxi insured with National Insurance Co. was driven by a Khalasi who held only a Light Motor Vehicle licence, not a licence for a commercial vehicle. The vehicle met with an accident, resulting in the death of a 12‑year‑old girl. The claimants filed a petition under Sections 163A and 166 of the Motor Vehicles Act, an…

The State of Tamil Nadu, after a high‑level committee report on environmental damage caused by sand quarrying, inserted Rule 38A in the Tamil Nadu Minor Mineral Concession Rules to vest exclusive sand‑quarrying rights in the State and to terminate all existing private leases. The Madras High Court upheld the rule but c…

The State of Kerala, after banning the sale of arrack in 1996, enacted the Kerala Abkari Shops Disposal Rules, 2002 which required that each toddy shop employ one former arrack worker. The rules (specifically Rules 4(2) and 9(10)(b)) were challenged by a federation of toddy‑tappers and toddy‑shop workers on the ground …

The State of Jharkhand sought to deny Tata Cummins Ltd. the sales‑tax exemption granted under Industrial Policy 1995 and notifications 478/479, arguing that the company did not have legal title to the land and could not produce a registered lease of fifteen years. Tata Cummins contended that it owned the building in wh…

The case involved an altercation between two groups that culminated in the death of Moti Suklabaidya. The appellants, Munna Chanda and Ujjal, were convicted by the trial court and the High Court under Section 302 IPC read with Section 149 IPC for murder, based largely on the testimony of prosecution witnesses. On appea…

Sunila Jain appealed against a preventive detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) against her husband, D.K. Jain, who had been released on bail by the Special Court of Economic Offences on the ground that the alleged offence was bailable. T…

The appellant, P. Mani, was convicted of murdering his wife by allegedly setting her on fire, based solely on her dying declaration. The High Court upheld the conviction, holding the dying declaration reliable and noting the appellant's alleged absconding and lack of injury as circumstantial support. On appeal, the Sup…

The Andhra Pradesh State Road Transport Corporation (AP SRTC) issued a 1988 circular allowing absorption of casual employees but expressly excluding contract labour. Several scavengers employed through contractors filed writ petitions seeking regularisation under the circular. The High Court, on multiple occasions, dir…

The Meerut Development Authority acquired about 180 acres of land under Section 4 of the Land Acquisition Act, 1894, and the Special Land Acquisition Officer fixed its market value at Rs.30 per square yard. The Reference Court, hearing a claim under Section 18, determined a compensation rate of Rs.126 per square yard a…

Manohar Lal Jain, a co-owner of a shop, filed an eviction petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, claiming a bona fide personal requirement to run a wholesale Ayurvedic medicine business. The Rent Controller dismissed the petition for lack of proof of such requirement an…

The respondent, a senior sales officer of Bharat Petroleum Ltd., was charged with eight instances of financial irregularities and dismissed from service under the Conduct, Discipline and Appeal Rules. He challenged the dismissal, arguing that some charges were vague and that the punishment was disproportionate. The Ker…

The respondent, a Deputy Commandant of the CRPF, was found guilty of failing to maintain absolute devotion to duty and acting in an unbecoming manner after a vehicular accident. The disciplinary authority imposed three penalties: reduction of pay to the minimum of the time‑scale for three years with cumulative effect, …

The respondent, Manoj Shrivastava, was engaged by the M.P. Housing Board as a daily‑wage Sub‑Engineer and worked for more than 240 days. He claimed permanent status under Clause 2(i) of the Standard Standing Orders, which provides that an employee who has completed six months' satisfactory service in a clear vacancy be…

The respondent, Malti Sharma, an Inspector appointed under the Nursing Council Act, was terminated in April 1996 and challenged the termination by filing a writ petition. While the petition was pending, the Government of India issued a direction to abolish the post of Inspector, relying on an Office Memorandum that dee…

Himmat Singh, a Head Constable, applied for voluntary retirement which was accepted on 24 August 2000. He later claimed to have withdrawn the application on the same day, alleged bias by the fifth respondent, and contended that the Lines Officer failed to make an entry in the police correspondence register as required …

The appellant, Bishwanath Prasad Singh, sold a piece of land to the respondents on 24 June 1977 and simultaneously executed an agreement for reconveyance, the parties agreeing that the sale would become absolute only upon payment of Rs.3000 within 23 months. The respondents claimed the transaction was a usufructuary mo…

Indochem Electronic supplied an EPABX telephone system to the Additional Collector of Customs, Andhra Pradesh, with a one‑year warranty and a promise to open a service centre. The system was defective from the outset, and despite repeated complaints the supplier failed to provide satisfactory maintenance, even after th…

The appellant supplied stone chips for a West Bengal construction project and was paid by post‑dated cheques issued by the respondent from its registered office in Kerala. The cheques were deposited in a West Bengal bank, bounced, and a criminal complaint under Section 138 of the Negotiable Instruments Act was filed be…

The appellant, Maharashtra State Seeds Corporation Ltd., dismissed its assistant field officer, Haridas, after a departmental enquiry found him guilty of several misconducts and the Managing Director issued a second show‑cause notice changing the proposed penalty from freezing two increments to dismissal. The High Cour…

Arjunlal Rajak was appointed as a daily‑wage chowkidar by the State of Madhya Pradesh without a written offer or compliance with recruitment rules. He worked in various departments, the last being the production division of the Forest Department, which was later abolished, and his services were terminated without obser…

Swapan Kumar Pani, an accountant of Canara Bank, was first exonerated in 1989 of charges of unauthorised removal of special bearer bonds. Later, after a CBI report, the bank’s Managing Director invoked Regulation 18 of the Canara Bank Officer Employees' (Discipline and Appeal) Regulations, 1976 to set aside the exonera…

The Haryana State Agricultural Marketing Board appointed Subhash Chand as a contract Arrival Record Clerk for short seasonal periods. The contract expressly allowed termination without notice and conferred no right to regularisation. After his services were terminated, Chand raised an industrial dispute alleging unfair…

The respondent, S.C. Pandey, was appointed as a daily‑wage typist by the Branch Manager of M.P. State Agro Industries Development Corporation, contrary to Regulation 16 of the corporation’s 1976 Service Recruitment and Selection Regulations which reserves appointment authority to the Managing Director. His services wer…

Sheo Shanker Lal Srivastava, a private secretary to the Uttar Pradesh Lok Ayukta, was charged with misconduct for refusing to hand over the key to his almirah containing public documents and for using indecent language. The Lok Ayukta, who was also the disciplinary authority, conducted the inquiry, appointed a retired …

The case involved three trusts registered under the Bombay Public Trust Act, 1950, where several change notices for appointment and deletion of trustees were filed. The Assistant Charity Commissioner approved a change notice without conducting the mandatory enquiry, prompting the Joint Charity Commissioner to remand th…

The appellants, former employees of Heavy Engineering Corporation Ltd., had opted for voluntary retirement under a scheme introduced in 1990 and retired between 1 January 1992 and 31 December 1996. The company later issued a circular in October 1997 revising the pay scales retroactively to 1 January 1992, but the circu…

The Punjab State Civil Supplies Corporation (the appellant, a State) sued two of its employees, an inspector and a field officer/supervisor, for loss of wheat allegedly caused by their negligence and misappropriation. Both employees had been dismissed in departmental proceedings; the inspector was reinstated after depo…

Standard Chartered Bank and its officers challenged show‑cause notices issued under the Foreign Exchange Regulation Act, 1973 (FERA) alleging that Sections 50, 51, 56 and 68 were unconstitutional as they violated Articles 14 and 21 of the Constitution. The Bank argued that FERA, being in the Ninth Schedule, should not …

The Supreme Court examined whether the Office Memorandum (O.M.) dated 11 May 2001, issued to clarify pension calculations, overrode the earlier O.M. dated 17 December 1998. The Court held that the later memorandum is merely a clarification and does not repeal the earlier instruction, which remains the governing policy.…

The Central Excise Department levied large duty and penalty demands on Mis. Benara Automotives Pvt. Ltd. (BAPL) and Mis. Benara Valves Ltd. (BVL) for alleged clandestine removal of excisable goods. The appellants appealed before the Customs Excise and Service Tax Appellate Tribunal and sought a stay of the pre‑deposit …

The respondent was initially issued a selection letter on 1 January 1990 and an appointment letter on 13 June 1990 by the Divisional Commercial Manager (DCM). After a charge sheet in 1993, the DCM conducted an enquiry and ordered the respondent's removal from service, which was affirmed by the Appellate Authority and t…

Deshraj was appointed on daily wages for specific work in the Public Works Department and filed a writ petition seeking regularisation. The Allahabad High Court, by a single judge, directed the creation of a supernumerary post and ordered payment of minimum pay scale, a decision later upheld by a division bench despite…

The appellants challenged a scheme under the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973, and the consequent notification (Sec. 4) and declaration (Sec. 6) issued under the Land Acquisition Act, 1894. They filed a civil suit in 1990, which was held non‑maintainable by the civil court in 2001. Subsequently, they filed …

The Himalaya Ayurvedic Mahavidyalaya admitted students to its BAMS programme without any university affiliation. After the admissions, the State Government and the Central Council of Indian Medicine inspected the college three times (1995, 1997, 1999) and each time recommended permanent affiliation. The university gran…

The Kerala High Court invited applications for 70 Munsif‑Magistrate posts and conducted written and oral examinations, prescribing minimum cut‑off marks of 35% (written) and 30% (oral). Several candidates, including K.H. Siraj, failed to meet the oral cut‑off and challenged the select list, alleging violation of reserv…

The Securities and Exchange Board of India (SEBI) appealed against Shriram Mutual Fund and another respondent for repeatedly exceeding the 5% limit on transactions through associate brokers, violating Regulation 25(7)(a) of the SEBI (Mutual Funds) Regulations, 1996, and failing to comply with the terms of its Certifica…

The respondent, S.C. Misra, was appointed lecturer in science at an Ayurvedic college. When the science section was closed in 1971‑72 his post was abolished and his services were terminated on 6 June 1972. After the college was taken over by the Government, he failed to submit the required option to join government ser…

The State of Punjab acquired "Chahi" land in Kambali village for the expansion of an industrial focal point under a Section 4 notification of the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded Rs 85,000 per acre, which the District Judge upheld, but the High Court raised the compensation to …

The petitioner, a social worker, filed a public interest writ petition seeking an inquiry into alleged political support for the Chief Minister in a trust motion. The High Court conditioned admission of the petition on a Rs.1 lakh deposit to demonstrate bonafide, which the petitioner paid. After the Chief Minister resi…

Santosh Kumar, an Assistant Manager (Operations) at Indian Oil Corporation's Hissar Depot, was charge‑sheeted for irregular diesel supply and found guilty of six out of eight charges. The disciplinary authority dismissed him, and the appellate authority affirmed the dismissal without recording any reasons. Kumar filed …

The State of Punjab acquired land for urban development in SAS Nagar and framed a 1974 scheme to allot residential plots to persons whose land was taken. Mewa Singh, claiming a one‑fourth share in 66 kanals 9 marlas, applied in 1980 for a plot, asserting sole entitlement. Earlier writ proceedings (1981) granted relief …

The Punjab Urban Development Authority (PUDA) advertised a housing scheme with a tentative flat price of Rs 6.3 lakh, stating that the price could be revised upward. Applicants, including the respondent, applied, signed a proforma undertaking to abide by all terms and to pay any higher cost due to material price fluctu…

A Panama‑registered vessel carrying Ukrainian crew entered Indian territorial waters without authorization and was arrested by the Coast Guard. The Customs Department seized the cargo and later confiscated the vessel under the Customs Act, 1962. The chief officer and other crew members filed applications seeking paymen…

Rishiroop Polymers imported Acrylonitrile‑Butadiene Rubber (NBR) from Germany and Korea. The Designated Authority, under the Customs Tariff Act, found that such imports caused material injury to the domestic industry and imposed an anti‑dumping duty. The Customs, Excise and Gold (Control) Appellate Tribunal later conve…

Synthetics and Chemicals Ltd filed an anti‑dumping petition alleging that imports of Styrene Butadiene Rubber (SBR) from several countries were injuring the domestic industry. The Designated Authority (DA) investigated, classified the imports under custom sub‑heading 4002.19, and recommended anti‑dumping duties which t…

The case concerned agricultural lands originally purchased by a protected tenant, Uppari Ramaiah, under the Andhra Pradesh Tenancy Act, 1950. Ramaiah sold portions of the land to non‑agriculturists without the required Tahsildar sanction, rendering the transfers void under Sections 47 and 49 of the Tenancy Act. The hei…

Puran Das, a constable in the Indo‑Tibetan Border Police, was suspended in 1973 and later removed from service in 1976. The Himachal Pradesh High Court set aside his removal and reinstated him with consequential benefits. He subsequently qualified for the required promotion tests in 1984 and 1986, becoming eligible for…

The Intellectuals Forum filed writ petitions challenging Government Orders that alienated the bed lands of the historic Peruru and Avilala tanks in Tirupati to the Tirumala Tirupati Devasthanam, the Tirupati Urban Development Authority and the A.P. Housing Board for housing projects. The High Court dismissed the petiti…

After the death of Mahendra Narayan Sharma, his wife succeeded to his estate and later died. Virendra Kumar Tripathy applied for a succession certificate claiming to be the real brother of Mahendra, while Nirmala Devi claimed to be Mahendra's sister, asserting that their father Ram Briksh Sharma had two wives and that …

The Tamil Nadu Civil Supplies Corporation dismissed K. Meerabai, a junior assistant, after a departmental enquiry found her guilty of misappropriating stock and money, while a parallel criminal case against her under Sections 409 and 477-A IPC ended in acquittal. The High Court ordered her reinstatement, holding that t…

The respondent, Sushil, was appointed by the Life Insurance Corporation of India on the basis of a claim that he belonged to the Scheduled Tribe Halba. The Committee for Scrutiny and Verification of Tribe Claims found his claim to be fraudulent and ordered invalidation. The Bombay High Court, relying on an undertaking …

The deceased, Jharia Kisku, was alleged to have been caught stealing and was tied and assaulted by the accused, Parme Hansda and Churka Hansda, along with other villagers. He later died from his injuries. The trial court convicted the accused under IPC Sections 304 (culpable homicide not amounting to murder) and 342 (w…

The respondent, a clerk in the Postal Department, was initially appointed as an open category (OC) employee but later obtained promotions to posts reserved for Scheduled Tribes (ST) by falsely claiming ST status on his school certificate. After a show‑cause notice, he admitted he did not belong to the ST community, lea…

The respondent, Hooghly Mills Co. Ltd., purchased an industrial undertaking from Fort Gloster Industries Ltd. and, under the sale agreement, assumed the vendor’s accrued and future gratuity liability of about Rs 3.5 crore. The assessee claimed depreciation on this amount under Section 32 of the Income Tax Act, arguing …

The case concerned the promotion of two State Forest Service officers, L.P. Tiwari and D.P. Dwivedi, to the Indian Forest Service. Both officers challenged the Selection Committee’s assessment, alleging that they should have been classified as "outstanding" and given seniority over other candidates. The Central Adminis…

Ram Chandra Srivastava challenged the service charge and ground rent levied by the Delhi Development Authority (DDA) through a writ petition. The Single Judge of the Delhi High Court dismissed the petition, holding that the service charge was a tax unrelated to services and that the accounting of ground rent was not un…

Reliance Salt Ltd (appellant) entered into a consignment agreement with Cosmos Enterprises (respondent No.1) which required the latter to furnish a Rs 5 lakh bank guarantee from Bank of India (respondent No.2). The consignment agent failed to settle the appellant's bills within the stipulated 30‑day period, prompting t…

The appellant, Gangaram Shantaram Salunkhe, was convicted under IPC Section 302 read with Section 34 for the murder of Bhaulal Jadhav. The prosecution relied on two eye‑witnesses (PW4 and PW5), a dying declaration of the deceased recorded by PW6, and medical evidence. The appellant challenged the identification, arguin…

The Supreme Court examined the appeal of Surender, convicted under Sections 306/34 (abetment of suicide) and 498A/34 (dowry harassment) of the IPC. The prosecution proved that Pushpa, his wife, was repeatedly harassed and beaten for dowry demands, was expelled from the matrimonial home, and later committed suicide whil…

The trial court convicted Reshampal Singh and another for murder under Section 302 of the IPC and sentenced them to death. The Punjab and Haryana High Court affirmed the conviction but reduced the sentence to life imprisonment, imposed a fine of Rs. 50,000 and additional rigorous imprisonment for default, and upheld a …

Whirlpool of India Ltd., a licensed user of the "Whirlpool" trademark, entered into an OEM agreement with Applicomp India Ltd. to manufacture appliances under the brand. Applicomp was exempt from sales tax under a State Government notification issued under Section 19C of the Karnataka Sales Tax Act, 1957. The dispute c…

The appellant challenged the detention of his brother under the Karnataka Prevention of Dangerous Activities Act, 1985 by filing a second habeas corpus petition after an earlier petition had been dismissed. The respondents argued that the doctrine of res judicata barred the second petition because it raised the same gr…

Respondent No.1 applied for appointment as a primary school Hindi teacher but was rejected on the ground that he did not possess the required Teacher's Certificate (Higher) (TCH). He claimed that his qualification, a Teacher Training Certificate (TTC) equivalent, satisfied the requirement, relying on a Government of Ka…

The appellant, an Assistant Revenue Accountant of the Punjab State Electricity Board, was suspended in 1974, charge‑sheeted, reinstated in 1975 and later allowed to cross the efficiency bar only from 1 April 1976, treating the period of suspension as non‑duty. An inquiry resulted in an order on 16 March 1984 stopping o…

The petitioners, former senior police officers and a public interest group, filed a writ petition under Article 32 seeking directions to the Union and State governments to enact a new Police Act replacing the colonial Indian Police Act, 1861, and to implement comprehensive police reforms. They argued that the existing …

Surendra Singh Gaur, originally appointed as Assistant Agriculture Engineer in Madhya Pradesh, voluntarily requested transfer to the Irrigation Department in 1975, where he was absorbed as Assistant Engineer in 1981. The Agriculture Department later granted him a proforma promotion to Class‑I effective from 1979, but r…

Mis. C.T. Cotton Yarn Ltd., a 100% export‑oriented unit, purchased cotton domestically and manufactured yarn for export. During carding and combing, soft cotton waste was generated, which the company sold in the domestic market. Initially it was informed that the waste was non‑excisable, but after the Finance Act, 1995…

A group of teachers from a recognized private unaided school filed a writ petition under Article 226 seeking a mandamus directing the school to implement the Third Pay Commission's salary recommendations with retrospective effect. The single judge of the Calcutta High Court granted the relief, but the Division Bench se…

The appellants were employees of a co‑operative society that was liquidated and its undertaking merged with the Bihar Electricity Board. The Board did not take over the employees, and the appellants filed writ petitions seeking their absorption. The High Court dismissed the petitions and the appeal was upheld. The Supr…

Suresh Pal, appointed as a conductor with the U.P. State Road Transport Corporation in July 1988, was found on 28 July 1989 to have allowed twenty passengers to travel without tickets, constituting misappropriation of fare. A domestic enquiry led to his dismissal effective 5 January 1990, which was upheld by the Indust…

The respondents, originally appointed as Junior Basic Training (JBT) teachers in the Haryana Education Department, acquired B.A. and B.Ed. qualifications during service and were subsequently granted the grade of Social Study Master along with an increment under Rule 4.4 of the Punjab Civil Services Rules, 1969. The Sta…

The appellants, commission agents dealing in timber harvested by farmers, challenged assessments that treated them as "manufacturers" under the Uttar Pradesh Trade Tax Act, 1948 after an amendment to Section 2(ee). The State relied on a circular issued by the Commissioner of Trade Tax, which interpreted purchases from …

On 11 April 1998, accused A1 stabbed the deceased Parshant to death while witnesses PW2 and PW3 attempted to intervene. Accused A2 stood by, threatened the witnesses and inflicted a knife injury on PW3, thereby preventing them from assisting the victim. The trial court convicted A1 and A2 under Sections 302, 504 and 56…

Mis. Duncans Industries Ltd., a cigarette manufacturer, was served with two show‑cause notices covering the period July 1973‑February 1983, one by the Assistant Collector of Central Excise, Calcutta and another by the Commissioner of Central Excise, Delhi. The Assistant Collector incorporated the material of the Delhi …

The Confederation of Ex‑Servicemen Associations filed a writ petition under Article 32 seeking free and full medical aid for ex‑defence personnel, their families and dependents, arguing that such aid is a fundamental right under Articles 14 and 21. The Union of India responded that the Ex‑Servicemen Contributory Health…

The respondent purchased a flat from the appellant under an agreement dated 16 September 1985 and later filed a suit for specific performance. During the suit the parties executed a consent decree on 1 November 1991, confirming the original agreement and setting reciprocal obligations: the appellant to hand over the fl…

The case involved three accused who attacked a man, causing his death, and also injured his friend. Appellant No.1 used a concealed knife to inflict multiple head injuries that proved fatal; Appellant No.2 cut the victim's back and knee and also wounded the friend; Appellant No.3 struck the victim's right hand causing …

The landlord, Pushkar Singh, filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act claiming a bonafide requirement for his family and seeking possession of a flat let to the tenant, Ansuiya, since 1990. The Additional Rent Controller allowed the petition, holding that the landlord could not be…

The appellants filed a suit claiming title to a municipal allotment, purchasing the land two days after filing, and alleged that the respondents had encroached on a portion of the property by erecting a hutment three years earlier. The respondents contended that they had been in possession since 1969, paid municipal ta…

The owner of a truck employed a driver, examined his licence and conducted a driving test, concluding the driver was competent. The truck met with an accident and the insurer paid compensation to the claimants. The insurer later sought recovery, arguing the driver’s licence was fake and that the owner breached Section …

Y.P. Sarabhai, a Manager (Security) of Union Bank of India, remained absent from duty from June to November 1997 without sanctioned leave, allegedly to evade a transfer to Chennai. The disciplinary authority, after a detailed enquiry, found him guilty of contravening Regulation 13 of the Bank's Conduct Regulations and …

Three short‑term army personnel were convicted by a Summary Court Martial of serious misconduct and sentenced to rigorous imprisonment and dismissal. They challenged the proceedings before the High Court on the ground that Army Rule 180 was not observed, and the High Court set aside the martial proceedings and ordered …

Percept D'Mark (India) Pvt. Ltd. entered into a three‑year promotion agreement with cricketer Zaheer Khan that contained a clause giving the company a right of first refusal on any third‑party endorsement offers, even after the contract expired. After the term ended, Khan signed a similar agreement with another firm. P…

The appellants, beneficiaries of a welfare trust, claimed that the trustees had withheld bonus shares and dividends of Godfrey Philips Ltd., depriving them of benefits. They sought to amend their plaint to include a prayer for the sale of the shares and investment of proceeds in government securities, along with a mand…

The case concerns several army officers who were tried by General Court Martial for espionage, some convicted and others dismissed administratively under Section 18 of the Army Act, 1950. Their writ petitions challenging the Court Martial proceedings and the administrative dismissals were dismissed by the Delhi High Co…

Jagat Ram, son of Manshan, claimed possession of land that had been subject to a 1945 compromise granting life interest to Kirpi, widow of Sunder, and thereafter to Manshan. Kirpi later adopted Varinder Prakash and gifted the land to him. After Kirpi's death in 1967, Manshan filed a suit for possession in 1982. The tri…

Bikar Singh, a conductor with Haryana Roadways, was dismissed for allegedly embezzling fare money. He appealed the dismissal to the Additional Transport Commissioner, which was rejected, and then filed a civil suit seeking a declaration that he remained in service and that the dismissal orders were void. The trial civi…

The Food Corporation of India (FCI) invited tenders for damaged foodgrains and accepted a bid from Laxmi Cattle Feed Industries, which deposited the earnest money. The buyer later sought cancellation of the portion of the contract that could not be performed and a refund of the balance, also requesting waiver of storag…

The Employees' State Insurance Corporation (ESIC) sought to recover arrears of contributions from employers as arrears of land revenue under Section 45‑B, relying on orders passed under Section 45‑A. The Kerala High Court held that the five‑year limitation in the proviso to Section 77(1A)(b) applied to such claims, whi…

The parties divorced after a period of separation; the mother later remarried. Their 12‑year‑old son had been living with the mother. The father filed a petition under the Guardians and Wards Act, 1890 seeking custody. The trial court, after interviewing the child who expressed a clear desire to remain with his mother,…

The husband, Rishikesh Sharma, filed a petition for dissolution of his marriage to Saroj Sharma under Section 28 of the Hindu Marriage Act, alleging mental cruelty and desertion. The parties had been living separately since 1981, with the wife filing multiple criminal cases against the husband, and their only child, bo…

On 31 July 1989, a group of accused, including Kalyan Singh, allegedly surrounded a well where Durga Singh Rawat was bathing and Kalyan Singh is said to have urged Budh Singh to fire, resulting in the victim's death. The trial judge, after detailed analysis of witness statements and noting inconsistencies and the enmit…

MRF Ltd. invested heavily in expanding its tyre and rubber manufacturing unit in Kerala under a Memorandum of Understanding that promised a seven‑year sales‑tax exemption. The company obtained an eligibility certificate and a Board of Revenue exemption order covering 30 Dec 1996 to 29 Dec 2003. The Kerala Government la…

The appellants were convicted by the Andhra Pradesh High Court for causing the death of Khambam Venkatramana Reddy, based primarily on the eye‑witness testimony of the victim's wife that the accused threw a 25‑30 kg stone on the victim's head. The defence argued that the principal accused was crippled by polio and coul…

The respondent, a railway employee, claimed pay and allowance from the date he received a proforma promotion in September 1997, rather than from his actual promotion in August 2001. The Union of India relied on Railway Board Circular dated 15/17 September 1964 and Paragraph 228 of the Indian Railway Establishment Manua…

A recovery suit was decreed against K.R. George, whose property was sold to the decree holder. The appellant entered a compromise with respondents No.9 and No.10, resulting in sale certificates in their favour, but later filed a review alleging fraud and a third‑party offer to remit the sale consideration. The Supreme …

The respondent filed a suit for specific performance of a sale agreement, claiming she was ready and willing to fulfil her part by paying the consideration. The appellant contended that the suit should fail because the pleadings did not expressly state readiness and willingness as required by Section 16(c) of the Speci…

The Supreme Court examined whether employees appointed on a temporary or contract basis for a specific academic year could claim a right to continue in service after the period expired. The respondents, appointed as temporary teachers with terms allowing termination at any time without notice, continued in their posts …

The Supreme Court heard writ petitions filed as public‑interest litigation by two MPs alleging that former Bihar Chief Ministers Lalu Prasad Yadav and Rabri Devi had unduly influenced the transfer of an Income‑Tax Appellate Tribunal member, the appointment of a Special CBI Judge, and the change of public prosecutors in…

The Supreme Court examined the case of Ram Badan Sharma and his father-in‑law, who were accused of killing their daughter‑in‑law Sanju Kumari by poisoning her after persistent demands for a colour TV, a motorcycle and cash. The prosecution proved that the accused repeatedly demanded dowry, harassed and beat the victim,…

The Committee of Management of Kanya Junior High School, a Jain‑run minority institution, terminated Assistant Teacher Santosh Upadhyay for acts of indiscipline after a show‑cause notice, suspension and enquiry. She challenged the termination, arguing that under Rule 11 of the Uttar Pradesh Recognised Basic School Rule…

The State of West Bengal initiated proceedings under the West Bengal Land Reforms Act, 1955 to determine whether the land held by the deity Sri Sri Lakshmi Janardan Thakur constituted a public or private religious endowment. The Revenue Officer and subsequent appellate authorities held the endowment to be public, allow…

The Electronics Corporation of India Ltd. engaged about 30 technicians as retainers (service engineers/licencees) on individual contracts between 1972 and 1978. The retainers later demanded permanent absorption, regularisation and parity of pay with regular employees. The Industrial Tribunal held that no employer‑emplo…

The petitioners filed a public interest litigation alleging that the Ranchi Regional Development Authority (RDA) had illegally sanctioned the construction of certain multi‑storeyed buildings in violation of the Regional Development Authority Act, the Building Regulations and the Building Byelaws, 1981. The Jharkhand Hi…

The appellant, a Saunjidar, obtained a decree for possession of land from the trial court and the first appellate court. The High Court, on a second appeal under Section 100 of the CPC, set aside those decrees, holding that only the Collector under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 co…

R.R. Holding Ltd filed its return for AY 1986-87 claiming a loss and later disclosed a commission income of Rs 1.61 crore, prompting a notice under section 148. The assessee sought interest on a tax refund under section 244(1A) and appealed to the Delhi High Court, which held that the matter was covered by the preceden…

The Uttar Pradesh Public Service Commission advertised 390 posts of Homeopathic Medical Officer, requiring either a recognized degree or a recognized diploma in Homeopathy, with a proviso that "preference will be given to degree holders." After the selection process, many degree‑holders who were eligible were not appoi…

The State of Chhattisgarh granted excise licences for retail liquor sale under the Chhattisgarh Excise Act, 1915 and the 2002 Rules. After objections were raised, a writ petition was filed before the Chhattisgarh High Court, naming 65 licence‑holders as parties while omitting 126 others. The High Court cancelled all th…

Mukund Ltd appealed against an arbitral award that ordered it to pay Rs 1.26 crore plus costs and post‑decree interest at 11% per annum to Hindustan Petroleum. The Bombay High Court reduced the quantum to Rs 71.3 lakhs but retained the 11% interest rate. Mukund sought further relief, contending that the award should be…

Vinita Saxena married Pankaj Pandit in 1993, but the marriage lasted only five months and was never consummated because the husband suffered from paranoid schizophrenia, rendering him incapable of performing matrimonial duties. The wife alleged mental and physical cruelty, including abuse by the husband and his mother,…

The husband, Naveen Kohli, filed a petition for divorce under the Hindu Marriage Act, 1955 on the ground of cruelty, alleging that his wife, Neelu Kohli, was bad‑tempered, engaged in indecent conduct, transferred property to herself, and repeatedly harassed him through criminal and civil complaints. The trial court fou…

Haridas Das entered into an oral agreement in 1982 to purchase a suit property, paid most of the consideration and took possession with a promise of a registered sale deed within three years. To protect his possession he filed Title Suit No. 201/85, reserving the right to sue for specific performance, and later filed T…

Two groups of family shareholders in Ram Bahadur Thakur Ltd. filed a petition under Sections 397 and 398 of the Companies Act, 1956, alleging ouster from management. The Company Law Board (CLB) removed the directors, facilitated a family settlement and, on 19 August 1999, passed an order under Section 402 incorporating…

The appellants, who were the intended purchasers of a property, challenged an order of pre‑emptive purchase made by the Income Tax Department under Section 269UD of the Income Tax Act, 1961, on the ground that the order was unreasoned and they were denied a hearing. The property owner did not contest the order, and aft…

In a property dispute, the appellant obtained a stay order protecting his possession, but respondents broke the lock and removed articles from the premises. The appellant lodged a complaint on 9 and 13 September 1997 alleging a cognizable offence against a police officer, but the police refused to register an FIR under…

Sanghamitra Ghosh filed a transfer petition seeking to move a matrimonial suit for restitution of conjugal rights to Bangalore, alleging physical and mental torture by her husband Kajal Kumar Ghosh and his parents, and claiming she was driven out of the marital home with their minor child. Both parties later entered in…

The respondents, employed as contractual data entry operators and paid hourly, sought regularization of their posts on the ground of having rendered long service. The Central Administrative Tribunal directed the employer to consider their cases, but the employer challenged the order and the High Court dismissed the wri…

M/s Suresh Chandra Khandel Wal & Co. sought a benefit under the Madhya Pradesh Entertainment Duties (Advertisement Tax) Act, 1936, requesting the benefit to be back‑dated to 1 April 1996. Their writ petition was dismissed, and they filed a Letters Patent Appeal (LPA) to rely on a decision in another writ petition. The …

The Oil & Natural Gas Corporation (ONGC) employs seasonal casual/contingent workers for field survey work from November to May each year. The Engineering Mazdoor Sangh sought regularisation of those workers who had completed at least 240 days of attendance in a twelve‑month period, invoking Rule 2 of the Certified Stan…

Ambica Construction entered into a works contract with the Union of India (Railways) which incorporated Clause 43(2) requiring a No‑Claim Certificate after the works were finally measured. The contractor could not complete the work on time, faced deductions and was denied payment and refund of its security deposit unle…

The Supreme Court examined a public‑interest litigation filed by villagers of Rasana Nana, Gujarat, which challenged the allotment of rehabilitation lands to six original land‑owners whose property had been acquired in 1954 for an agricultural university. The Court held that the writ petition was an abuse of process, f…

The respondent, Rajesh Kumar, a constable appointed on 2 December 1989, was discharged on 18 October 1992 under Rule 12.21 of the Punjab Police Rules on the ground of unauthorized absenteeism and unsuitability. Lower courts, including the High Court, held that the discharge was punitive, based on misconduct, and theref…

The appellants were charged under Sections 302 and 34 of the Indian Penal Code for the murder of Lakshman, who was sleeping on the 'katta' of his house. The trial court acquitted them, finding that the mother of the deceased (PW‑1) was not a truthful eyewitness and that the younger brother (PW‑2) was not an eyewitness,…

The Department requisitioned the local Employment Exchange for an Extra Departmental Sub Post Master vacancy, giving preference to ST/SC candidates, and the Exchange sponsored 40 names, including a general‑category candidate (respondent No.4). A corrigendum mandated a wider public notification, which invited applicatio…

The appellant, Bipin Bihari, was convicted under Section 307 of the Indian Penal Code for attempting to murder the complainant after firing a gun that injured the complainant's calf. The trial court sentenced him to life imprisonment and a fine; the High Court reduced the imprisonment to two years but increased the fin…

Indian Oil Corporation (IOC) entered into fuel supply contracts with NEPC India Ltd. and its sister company, securing the dues by hypothecating two aircraft. After NEPC defaulted, IOC obtained injunctions and later filed criminal complaints alleging theft, cheating, criminal breach of trust and mischief for the removal…

H.V. Industrial Electronics Pvt Ltd manufactures power controllers (light dimmers/heat controllers) and initially classified them under heading 8543.00 of the Central Excise Tariff Act, 1985, later reclassifying them under 8536.90. The Commissioner of Central Excise & Customs issued show‑cause notices asserting that th…

Falcon Tyres Ltd., a tyre manufacturer in Karnataka, procured rubber from Kerala and claimed exemption from entry tax under the Karnataka Tax on Entry of Goods Act, 1979, arguing that rubber is agricultural produce covered by Section 3(6) and the Second Schedule. The assessing authority, the Joint Commissioner, and the…

Four accused were convicted under Section 302 IPC for the murder of Khaja Saheb. The prosecution relied mainly on the testimony of PW‑3, a close relative of the deceased, while other eye‑witnesses (PW‑1, PW‑2, PW‑4) either gave only partial support or later retracted their statements. The appellants contended that PW‑3…

Vikram Shama Shetty applied for an FL‑III licence to sell foreign liquor from his restaurant located near a mosque. Rule 45(1‑C) of the Bombay Foreign Liquor Rules bars licences for establishments within 75 metres of a religious institution. While an earlier appellate authority had allowed the licence based on an archi…

The Indian Financial Association of Seventh Day Adventists (the appellant) owned a 30‑cent property containing a church, school and other buildings. It passed a resolution to sell the land and, through a duly executed power of attorney, its representative (defendant No. 2) entered into two sale agreements with the plai…

The Supreme Court heard Civil Appeal No. 1442 of 2005 filed by the State of U.P. against the High Court's order that set aside the dismissal of Raj Kishore Yadav, a government employee, and reinstated him with full benefits. The employee had been charged with five serious offences, four of which were proved beyond doub…

H.P.L. Chemicals Ltd., a manufacturer of hydrazine, produced a by‑product called "denatured salt" and claimed it should be classified under heading 25.01 of the Central Excise Tariff Act, 1985, which carries a nil duty rate. The Deputy Commissioner classified the product under heading 38.23 (now 38.24), a residuary hea…

The State of Karnataka entered into a Memorandum of Understanding and a Framework Agreement (FWA) with a private consortium to develop the Bangalore‑Mysore Infrastructure Corridor, requiring acquisition of about 20,193 acres of land. Several public‑interest writ petitions challenged the FWA on grounds of fraud, misrepr…

The plaintiffs, heirs of the original mortgagor, sued the heirs of the mortgagee for redemption of a usufructuary mortgage dated 7 September 1935 and for an account of income. The mortgagee had assigned the mortgage to an assignee on 12 February 1954, and the plaintiffs argued that this assignment deed was an acknowled…

The workmen (respondents) filed applications under Section 33‑C(2) of the Industrial Disputes Act, 1947 seeking recovery of overtime allowances for duties involving moving locomotives. The Labour Court allowed the applications and awarded the claimed amounts. The employer (Indian Railways) challenged the award by filin…

The appellant, Transmission Corporation of A.P. Ltd., issued a provisional and then a final assessment of Rs.1,41,270 against the respondent, a low‑tension consumer, alleging pilferage of electricity. The respondent objected and appealed under the Terms and Conditions of Supply, seeking a right to cross‑examine the off…

M/s Motor Industries Co. Ltd., a manufacturer of nozzles, nozzle holders and injectors, was served a show‑cause notice demanding central excise duty on its nozzles and nozzle holders used in the assembly of injectors, the department alleging they were intermediate products under tariff heading 8409.00 and that the comp…

The appellant, Shrikant, was elected to the Maharashtra Legislative Council but his election was challenged on the ground that he held subsisting government contracts, which under Section 9A of the Representation of the People Act, 1951, would disqualify him. The contracts involved work for the State Government, one of…

The case concerned the murder of Hira Singh during a Holi celebration in Ballia, Uttar Pradesh, where five accused assaulted him and others. The trial court convicted all five under Sections 302 and 149 of the IPC, imposing life imprisonment, while the High Court affirmed the convictions. On special leave, the Supreme …

The petitioners challenged the Constitution (Seventy‑Seventh), (Eighty‑First), (Eighty‑Second) and (Eighty‑Fifth) Amendment Acts, which inserted Article 16(4A) (reservation in promotion for SC/STs with consequential seniority), Article 16(48) (exclusion of carry‑forward vacancies from the 50% ceiling) and a proviso to …

The appellant, Samghaji Hariba Patil, was charged under IPC sections 302, 307, 504 r/w 34 for the murder of Murugappa during a land‑related quarrel. The trial court acquitted him, finding that the prosecution had not proved his motive, that the alleged weapon (a hammer) was not typical for agricultural use, and that wi…

Gurpreet Singh appealed against the Union of India challenging the applicability of the rule of appropriation in execution of award decrees under the Land Acquisition Act, 1894 (as amended by Act 68 of 1984) and the entitlement to interest on solatium. The Court examined whether the normal CPC rule of appropriation (Or…

The Chairman of the Standing Committee of Ahmedabad Municipal Corporation (AMC) feared a delay in elections to the new municipal body whose term was due to expire on 15 October 2005, and filed a writ petition seeking a mandamus directing the State Election Commission and the State Government to hold elections before th…

The landlord filed an eviction suit and the tenant invoked Section 9 of the Madras City Tenants' Protection Act, 1921 seeking a court‑ordered sale of the suit‑land. The trial court fixed a price and a six‑month payment schedule; the tenant made only partial payments. On appeal the appellate court enhanced the price and…

Major Singh and Baldev Singh were convicted of murdering Kashmir Singh by severing his head, allegedly motivated by suspicion that Kashmir had caused the death of their sister Sukhwinder Kaur. The prosecution relied on the eyewitness testimony of Lakhbir Singh, who identified the accused under electric light, and on me…

The State of Madhya Pradesh charged three reservation clerks with abetting Suresh Shah in the illegal procurement and sale of railway tickets under Sections 143(1) and 143(2) of the Railways Act, 1989. Shah was arrested with a large number of tickets and cash, but later absconded, and the clerks were convicted on the b…

The appellant, a Group D public servant at the Chennai Harbour Telephone Exchange, demanded and accepted a bribe of Rs.1500 for securing a permanent telephone connection for a subscriber. He was caught red‑handed in a police‑arranged trap, leading to a charge sheet under the Prevention of Corruption Act, 1988. The tria…

The appellants, Anil Singh and another, were named in an FIR for the murder of Ranjit Singh but the investigating officer filed a final report clearing them, which the magistrate accepted, and no chargesheet was filed against them. During the trial, witness testimony implicated the appellants, leading the prosecution t…

The appellant, accused No.3, was convicted of murder under Section 302 IPC for the killing of Baban, based on eyewitness testimony of the deceased's mother (PW‑1) and other prosecution witnesses. The appellant claimed an alibi, asserting he was unable to walk due to a compound fracture and relied on a doctor's certific…

Prabhat Kumar Sharma, a member of the Lohar community in Bihar, claimed Scheduled Tribe status to obtain reservation benefits in the Civil Services examinations. The UPSC initially allowed him to appear as a Scheduled Tribe candidate based on a High Court direction, but later treated him as an Other Backward Class afte…

The appellants, owners of land converted for non‑agricultural use within a residential zone, applied to the Bangalore Development Authority (BDA) for sanction of a building plan on 29‑Nov‑2004. The BDA delayed the application and eventually rejected it, stating that the land fell in a "Valley Zone" of a proposed compre…

The respondent, a daily‑wage casual worker on a railway electrification project, was retrenched when the project closed and received compensation under Section 25‑F of the Industrial Disputes Act, 1947. He challenged the retrenchment, claiming 1,060 days of continuous service that should have given him higher seniority…

Spice Telecom imported 30 radio terminals in 1998 and claimed exemption from customs duty under Notification No. 11/97 (as amended) which exempts BTS ancillary equipment. The Revenue argued that the radio terminals are independent equipment and not ancillary, rejecting the claim. The Customs Tribunal, relying on techni…

The appellant, a Chief Manager of Oriental Bank of Commerce, was dismissed after an enquiry found him guilty of misappropriating Rs.10 lakh by opening a fraudulent account and transferring the funds to three third parties. The appellant challenged the dismissal, arguing that no loss was suffered by the bank, the crimin…

The appellants, exporters of garments under the Duty Entitlement Pass Book (DEPB) scheme, filed shipping bills claiming export benefits, but the goods were intercepted and found to be cheap garments grossly mis‑declared and heavily over‑invoiced. The Commissioner of Customs ordered confiscation of the goods under Secti…

The case concerned draughtsmen employed in the Ordnance Factories who had received a pay‑scale uplift under an Office Memorandum (OM) dated 13‑Mar‑1984, which was based on educational qualifications. A later OM dated 19‑Oct‑1994 revised pay scales on the basis of length of service and the respondents claimed entitlemen…

Kendriya Vidyalaya Sangathan (KVS) advertised eight Lower Division Clerk vacancies with an upper age limit of 25 years, relaxable only for specified categories. Four applicants, including Sajal Kumar Roy, were over‑aged and not members of Scheduled Castes, Scheduled Tribes, or other exempt categories, yet were allowed …

The State of Rajasthan and a Gram Panchayat jointly implemented the "Jal Pradyot Vojna" water‑supply scheme, under which the Gram Panchayat hired Sarjeet Singh as a pump driver on a fixed‑term contract that was extended until the scheme’s completion on 7 Nov 1997. When the scheme ended, his services were terminated. He…

The Supreme Court examined a habeas corpus petition challenging a detention order passed under the Karnataka Prevention of Dangerous Activities of Boot‑Leggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985. The order was issued on 7 Oct 2005, approved by the State Government …

M.L.L.C. Steels, a consumer of electricity, defaulted on dues and had its supply disconnected. The undertaking was taken over by the Haryana Financial Corporation and sold "as is where is" to Paramount Polymers. After the sale, the electricity board (Dakshin Haryana Bijli Vitran Nigam Ltd.) introduced clause 21A in its…

The appellants (Sankar Deb Acharya & Ors.) and the respondents (Biswanath Chakraborty & Ors.) were recruited on a temporary basis through the West Bengal Public Service Commission. The dispute concerned inter‑se seniority and promotion under the merit‑cum‑seniority policy, specifically whether seniority should be based…

Kumaran Silk Trade (P) Ltd. obtained a sanctioned plan for a basement, parking, ground floor and three upper floors but illegally constructed additional floors 4, 5 and 6, violating building bye‑laws and the plan. A contempt application was filed and the Madras High Court ordered status‑quo on 2 March 2001; the appella…

The appellant, a Judo Karate teacher, was accused of murdering his foster sister-in-law after a dispute involving another autorickshaw driver. The prosecution relied on circumstantial evidence, notably that the deceased was last seen with the appellant, and the testimony of three witnesses, including a child who identi…

The Commissioner of Excise cancelled the wholesale and retail licences of Manoj Ali (respondent) and forfeited his security on the ground that a large quantity of IMFL and beer was seized from a room in the premises, which the department claimed was under his possession. The respondent contended that the seized stock b…