Judgments of 2006

Ku Rashmi Mishra, a qualified candidate for the post of Assistant Registrar in a Madhya Pradesh State University, was not selected among 17 candidates chosen by the State Public Service Commission. She filed a writ petition under Article 226 challenging the selection, alleging favoritism and that the interview‑only met…

In the Gram Panchayat election for Sarpanch, both candidates received 412 votes and the Returning Officer, after a draw of lots with written consent, declared Baldev Singh elected. The defeated candidate, Shinder Pal Singh, filed an election petition alleging irregularities, including a torn consent paper and improper …

The testator executed a 1932 Will granting his sons only a life interest in certain properties, with absolute succession to their heirs after death. In 1975 the son, then a minor at the time of the Will, and his own son sold the property to the appellants, although they possessed only a life interest. The daughters of …

The Union of India appointed a Selection Committee to fill three pharmacist vacancies in 1999 and, besides selecting three candidates for immediate appointment, prepared a list of 19 candidates for future vacancies. The panel was cancelled after the three posts were filled, but several aggrieved candidates filed a peti…

Hardey Motor Transport, a holder of contract‑carriage permits, was alleged to be using its buses as stage‑carriage vehicles. The vehicles were detained and the State demanded duty as if the buses were being plied without any permit, even though the appellants had already paid tax at the higher rate applicable to contra…

The case concerned the validity of an unregistered will executed by an unmarried woman, Akkayamma, bequeathing her property to one of the children of her paramour, Jai Singh. The trial court and a single High Court judge rejected the will, citing nine (later twelve) suspicious circumstances surrounding its execution, i…

The appellant, Managing Director of an exporting company, was alleged to have misdeclared the value and description of alloy steel exports and to have routed excess proceeds through hawala, leading to investigations by the Directorate of Revenue Intelligence. He was arrested in October 2003, released on bail in January…

Sub‑Inspector Prithipal Singh was dismissed on a charge of grave misconduct for allegedly letting a smuggler off after taking money. The appellate authority set aside the dismissal, reinstated him and a departmental inquiry was held, which found the charges unproved and the disciplinary proceeding was dropped. Later, u…

Star Paper Mills Ltd challenged the levy of a market fee under Rule 70 of the Uttar Pradesh Krishi Utpadan Mandi Niyamavali, 1965, on purchases made from the Uttar Pradesh Forest Corporation, arguing that as a captive consumer it was not liable to pay the fee. The Allahabad High Court dismissed the writ petition, holdi…

One hundred seventy cafeteria employees of G.B. Pant University sought regularisation under the U.P. Industrial Disputes Act. The Labour Court ordered regularisation and payment of salary differences, which the High Court upheld. While 128 employees complied and received arrears, eight respondents had left the universi…

The appellant purchased a parcel of land in 1983, contending that because a 1978 notification placed the village under the Patna Regional Development Authority, the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 did not apply to the transaction. The High Court rejected this claim, and the app…

The assessee, Action Construction Equipment Ltd., manufactured mobile cranes but used a dummy unit, ACE Industries, to claim exemption and evade excise duty. The adjudicating authority fixed an assessable value of Rs 26,63,400 and duty of Rs 4,10,144; the appellate authority, relying on the Supreme Court’s Maruti Udyog…

South Eastern Coalfields Ltd. appealed against a Madhya Pradesh High Court order that directed it to provide a compensatory appointment to Prem Kumar Sharma, who claimed to be a land loser after 0.72 decimal of his land was acquired. The appellant argued that entitlement to employment is governed by the Government's un…

The respondent, a police constable, applied for correction of his date of birth in his service record after receiving a retirement order based on the recorded birth year of 1923. The High Court allowed the correction on the basis of a school leaving certificate and directed payment of arrears for the period up to the r…

The respondent, a former Transmission Executive of All India Radio, retired voluntarily on 31 July 1997, before the Prasar Bharati Act, 1990 came into force on 23 November 1997. A Government Memorandum dated 25 February 1999 granted upgraded pay scales to employees "currently in service of Prasar Bharati". The responde…

The case arose from two suits filed in the Delhi High Court seeking specific performance of a 1983 agreement for the sale of flats and a refund of a loan allegedly advanced by the plaintiffs to the developers. The trial judge framed ten issues in each suit, found in favour of the plaintiffs, and held that a conveyance …

The National Board of Examinations (NBE) appealed against a Delhi High Court order that directed it to conduct the DNB entrance examination in June 2006 for two candidates who had not satisfied the eligibility requirements under Rule 7(12) of its Bulletin of Information. The Supreme Court held that the candidates were …

Narender Mala sent a letter to the Supreme Court highlighting poor working conditions of salt workers in Kachchh, Gujarat, which the Court treated as a writ petition under Article 32. The Court issued multiple directions to the Gujarat State and other agencies to investigate and improve the socio‑economic status of sal…

The employer (Assistant Engineer, Rajasthan) terminated pump driver Ram Charan. The Labour Court held that the termination violated Section 25F of the Industrial Disputes Act, 1947 and ordered reinstatement with 25% back wages. The employer challenged the award in the High Court; the Single Judge dismissed the writ pet…

The appellant, Ashok Laxman Gaikwad, was convicted of murder under Section 302 of the Indian Penal Code for allegedly setting fire to his lover by pouring kerosene on her and igniting it with a match. The prosecution's case relied heavily on the deceased's dying declaration recorded by a magistrate and corroborated by …

The appellants, Raj Pal and others, assaulted a deceased and several witnesses with lathis over a property dispute, resulting in the deceased's death. They claimed the assault was in private defence of their person and property, asserting that they had suffered injuries themselves. The trial court convicted them under …

The Supreme Court examined the sentencing of two accused, Pratapji and Jayantubha, who had assaulted Sameer Kumar and Shailesh Jasvantbhai with knives on 30 March 2002, resulting in serious injuries. The trial court convicted them under IPC sections 307, 324, 504 read with 114 and sentenced each to ten years' rigorous …

Harvinder Singh applied for a new large‑supply electricity connection on 10 March 1992 and deposited the required security. The Punjab State Electricity Board later issued Circular No. CC 41/95 (4 May 1995) and a clarificatory Circular (6 February 1996) imposing a one‑time contract‑demand charge on large‑supply consume…

The State of Uttar Pradesh appealed against Vam Organic Chemicals Ltd., alleging that no payments had been made by the assessee due to stays and bank guarantees, and therefore no refund was due. The respondents filed interlocutory applications asserting that, contrary to the earlier finding, certain cash payments and b…

Three officers of the Punjab Agricultural Department filed suits in 1993 seeking a declaration that an endorsement dated 13‑Mar‑1980, which fixed their pay at Rs.940‑1850, was illegal and that they were entitled to the higher Deputy Director scale of Rs.1200‑1850, along with arrears and seniority adjustments. The suits…

The Delhi Sikh Gurdwara Management Committee held elections for its Executive Board on 19 December 2005, but the petitioner claimed confusion over the meeting date prevented his participation. He filed writ petitions under Article 226 of the Constitution challenging the validity of the election, while the newly elected…

The respondent, Dilbagh Singh, a Beldar in the Public Works Department, was terminated on 25‑December‑1999. A dispute under the Industrial Disputes Act, 1947 was referred to the Labour Court, which held that his termination violated Sections 25‑G and 25‑H because junior employees remained in service, and ordered his re…

The trial court acquitted four accused persons of offences under the IPC and the SC/ST Atrocities Act. The State of Rajasthan applied for leave to appeal under Section 378(3) CrPC, but the Rajasthan High Court dismissed the application without giving any reasons. The informant (appellant) had earlier filed a revision p…

Laxman and several co‑accused shot arrows at a group during a dispute; one arrow struck the deceased, who died instantly. The trial court convicted them under sections 148, 302/149 and 324/149 IPC, and the High Court upheld a conviction of murder under section 302 IPC against Laxman. Laxman appealed, contending the inc…

The father of a deceased woman (Gajanand Agarwal) appealed against the Orissa High Court’s grant of bail to two accused (Bimal Kumar Khetan and Sunil Kumar Khetan) in a dowry‑death case involving offences under Sections 498A, 304B, 302, 406 IPC and Section 4 of the Dowry Prohibition Act. Earlier bail applications had b…

Brahma Dutt Tripathi, a former Short Service Commission officer, was appointed to the National Cadet Corps (NCC) on 11 December 1969 under a composite Scheme issued on 21 December 1963, which was framed under proviso (iii) to Rule 16 of the NCC Rules, 1948. He later challenged an order that declined to extend his servi…

Nagar Mal, a Mitakshara coparcener, adopted Nemi Chand, thereby creating a joint coparcenary. Upon Nagar Mal's intestate death in 1989, his undivided half‑share in the ancestral property had to be allotted among his three heirs – the adopted son and his two daughters. The trial court erroneously awarded each daughter a…

The Supreme Court dealt with a dispute concerning the election of a Trust Board for a Kerala trust. An authority appointed by the Court was tasked with validating the admission and removal of members, finalising the voter list, drawing up an election calendar and supervising the election. After the authority issued its…

Five men were tried for a gang rape under Section 376 of the IPC. The trial court convicted all, and the High Court upheld the conviction of Pardeep Kumar, while acquitting one accused and two died during appeal. Pardeep Kumar appealed, arguing that the prosecutrix had expressly stated that he did not rape her and that…

Hamza Haji purchased 22.5 hectares of land in 1968, but by 1972 had disposed of almost the entire parcel. In 1979 he applied to the Kerala Forest Tribunal for exemption from vesting under the Kerala Private Forests (Vesting and Assignment) Act, claiming title and intent to cultivate the remaining 20 acres. The Tribunal…

The owners of agricultural land mortgaged the property and, after the mortgagor's death, the heirs filed a suit for redemption under the Punjab Redemption of Mortgages Act. The Collector dismissed the suit for lack of sufficient evidence, but did not record any findings on the merits. The heirs later filed a redemption…

The plaintiff, a sister of the deceased brother, filed a suit for specific performance of a sale agreement concerning a house. The deceased had died leaving three sisters and his second wife, who had not remarried. The trial court upheld the suit, but the first appellate court held the plaintiff was not competent to su…

The case involves a long-standing feud between two families in Chittoor district, culminating in the stabbing of Purushotham Reddy by appellant Nagaraja Reddy with a Barisa (dagger). The trial court acquitted the accused, extending the benefit of doubt and rejecting the testimony of two eyewitnesses (PW‑1 and PW‑2) on …

The Supreme Court examined the validity of a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against Vinod K. Chawla, who was alleged to have evaded customs duty by under‑invoicing electronic imports and remitting proceeds thr…

The partnership firm Manalal Prabhudayal, insured with Oriental Insurance, suffered loss due to communal riots and claimed Rs.1,93,075. The arbitrator awarded the claim with interest at 12% per annum for the pre‑reference period, pendente lite and post‑award period, and the award was made a rule of the court. The High …

Mitthu Singh, a bus driver for Uttar Pradesh State Road Transport Corporation, was terminated after three alleged incidents of refusing to stop the bus on signals from a checking squad. An enquiry officer found the charges proved and the termination was confirmed by the appellate authority. The Labour Court set aside t…

The appellant, a tenant of agricultural land, cultivated the land personally and was deemed to have purchased it under the Bombay Tenancy and Agricultural Lands Act, 1948, but his purchase right was postponed because the landlord was a widow. The widow exercised her right under Section 31(1) to take possession of half …

The Union Bank of India formulated a scheme for compassionate appointment of dependents of deceased employees, requiring proof of financial penury. M.T. Latheesh, a son of a deceased employee, applied for such appointment but was rejected by the bank's competent authority on the basis that his family's income and termi…

The Supreme Court examined the validity of a preliminary notification under Section 28(1) of the Karnataka Industrial Areas Development Board Act, 1966, which proposed to acquire 110.30 acres of land for industrial development, later reduced to 106 acres by a notification under Section 28(4). The landowners challenged …

The appellants, recruited as daily‑wage constables on an ad‑hoc basis in the CRPF's 124 Auxiliary Battalion, had their services terminated when the battalion was disbanded and a permanent battalion was raised. The termination was justified on the ground that their services were no longer required and that they were not…

P.R. Prabhakar, who exported his own products and also procured export contracts for others on commission, earned a commission of Rs 56,693 and incurred a loss of Rs 6,372 on the export of goods in AY 1990‑91. He claimed a deduction under s.80HHC of the Income Tax Act, 1961. The Assessing Officer and the Commissioner d…

The respondent, a commissioned officer in the Indian Army, was required to pass the Part B promotional examination within 13 years of service. He falsely claimed to have passed Part B and applied for the Part D exam, leading to a show‑cause notice and a severe displeasure award. While his case was pending, the Governme…

The State of Gujarat challenged a Gujarat High Court Division Bench order that had granted daily wage workers, who were temporarily appointed on a work‑charge basis, the same benefits as regular government employees under a 1988 Government Resolution. The Division Bench had set aside a Single Judge’s dismissal of the w…

The respondent, Shri Avtar Singh, applied for a pension under the Swatantrata Sainik Samman Pension Scheme, 1980, claiming imprisonment during the freedom struggle. Although a pension was initially granted, the authorities later cancelled it upon discovering that the respondent had given two different periods of impris…

The appellant, a medical representative, was married to Panakanti Kavitha who was found dead in their rented house within three months of marriage. The prosecution alleged that the appellant had repeatedly harassed her for dowry, leading to her death by asphyxia due to throttling, and charged him under Sections 498-A, …

The case concerned a dispute over the validity of a will executed by the deceased, Chanan Singh, in favour of his second wife, Bhagwan Kaur, which disinherited the daughters of his first wife. The trial court and the first appellate court upheld the will as a natural document executed by a sound mind. The High Court, o…

Indian Bank filed an application before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 to recover a loan amount. While the application was pending, the borrower, ABS Marine Products, sued the bank in the Calcutta High Court for damages alleging non‑disburs…

In Ram Bachan Raj & Ors. v. Ram Udar Rai & Ors., the appellant challenged a Subordinate Judge's order that the limitation period for filing an execution petition under Article 136 of the Limitation Act, 1963 began when the decree became enforceable (i.e., when signed). The appellant relied on several Supreme Court deci…

The respondent, a flight cadet in the Indian Air Force, was repeatedly given opportunities to train in different courses but was terminated each time due to medical unfitness, academic failure and repeated misconduct. After a series of Training Review Boards recommended termination, the Air Headquarters approved the de…

Vikram Cement sought CENVAT credit for explosives used in quarrying limestone, which were later used in cement production, despite the explosives never entering its factory. The issue was whether the earlier Supreme Court decision in Jaypee Rewa Cement, which allowed MODVAT credit for such inputs, applied to the CENVAT…

Shiv Charan Singh appealed to the Supreme Court under Article 136, challenging the Punjab and Haryana High Court's order dismissing his review application against a writ order that had been rejected on the ground of his alleged habitual absenteeism. The High Court had found the petitioner absent for about three years a…

The Pune Taximen's Consumer Co-operative Society Ltd. filed a writ petition under Article 226 seeking directions for the Regional Transport Authority (RTA) to implement a sub‑committee's recommendations and a resolution dated 4‑Feb‑2004, and to shift its members to specific parking slots (Gala Nos. P‑49 to P‑52) within…

K. Maruti, a temporary (badli) conductor for the North East Karnataka Road Transport Corporation, was found to have collected fares without issuing tickets and, in some instances, not collected fares at all. A disciplinary inquiry under the Corporation C & D Regulations, 1971 concluded that he had committed misconduct …

The Supreme Court examined a public‑interest litigation concerning the proposed International Hotel Complex on 315 hectares in Vasant Kunj, Delhi. Earlier orders had declared 92 hectares of the site a "constraint area" and required environmental clearance under the Environment (Protection) Act, 1986 before any construc…

The Union of India entered into a construction contract with Shring Construction Company. After the contract was completed, a dispute arose and the High Court appointed an arbitrator who awarded a sum to Shring. The Union challenged the award by filing a writ petition in the High Court, which was dismissed, and subsequ…

The plaintiff filed a suit for declaration of title and possession of land against the Divisional Forest Officer and the State of Bihar. After the suit proceeded to trial, several third parties (defendants 3‑17) intervened, later amended their written statements and were treated by the trial court as having filed a cou…

The respondent K.G. Soni, a store attendant in the Bank Note Press, was charged with misconduct for not disclosing his first wife's name on an attestation form and for marrying a second woman while his first marriage subsisted. A departmental inquiry under the Central Civil Services (Clarification, Control and Appeal) …

The Supreme Court examined several civil appeals and a writ petition challenging Section 3(1)(b) of the Maharashtra Rent Control Act, 1999, which exempts premises let to government, banks, public sector undertakings, foreign missions, multinational companies and private/public limited companies with a paid‑up share cap…

Dankha Devi Agarwal, a majority shareholder, alleged that her elder son Bhagirath forged her signature to transfer 1,650 of her shares to himself and his wife in order to wrest control of Tara Properties Pvt. Ltd. The transfer was challenged in a suit which was later withdrawn on a petition filed by an advocate who had…

The applicant, Sajad Ahmed Mir, sought a compassionate appointment after his father, a government employee, died in service in 1987. His application was made in 1991, rejected in 1996, and he did not challenge the decision until filing a writ petition in 1999. The single judge dismissed the petition on grounds of delay…

The respondent, H. Amresh, a conductor with the Karnataka State Road Transport Corporation, was charged with several offences including consumption of alcohol while on duty and short‑remittance of cash. An internal inquiry found all charges proved and dismissed him. He raised an industrial dispute under Section 10(4) o…

The case concerned Gopinath Sharma, a daily‑wage (Ticca Mazdoor) employee of the Reserve Bank of India, who worked only 58 days in 1975‑76 and was omitted from the 1976‑77 waiting list. After repeated representations, the dispute was referred to a Central Government Industrial Tribunal, which rejected his claim on grou…

The Distilleries & Chemical Mazdoor Union filed a writ petition seeking a mandamus directing the Employees State Insurance Corporation (ESIC) not to realise any ESI contributions from its members. The Allahabad High Court stayed the deduction from both employer and employees, subject to the employer providing medical f…

An accident caused the death of Basudev Majhi involving a vehicle of the B.S.R.T.C. corporation and a police jeep. The Motor Vehicles Claims Tribunal, applying Section 166 of the Motor Vehicles Act, awarded Rs.2,30,400 in compensation and directed the corporation and the Superintendent of Police, Burdwan to each pay ha…

The Delhi Government framed a scheme under the Integrated Child Development Service (ICDS) to supply supplementary nutrition through Anganwadi Centres, inviting NGOs with at least three years of registration to apply. Three NGOs challenged the three‑year eligibility rule, arguing it was irrational, violated Article 14’…

The respondents, originally teachers in the Punjab Education Department, were appointed on deputation and transfer as lecturers under Government Order No. 22/7/90 and a subsequent order dated 3 August 1990. The order expressly stated that such officers would serve in their existing pay scale and would not be entitled t…

Indcon Structurals (P) Ltd, a manufacturer of cement tiles, claimed exemption from a 15% ad valorem excise duty under Notification No. 59/90‑CE, which excluded "floor coverings in rolls or in the form of tiles" from the benefit. The Revenue argued that the tiles fell within the excluded category. The adjudicating autho…

The respondents, who retired on 30 April 1990, sought parity in pension and terminal benefits with employees retiring on or after 1 July 1990, arguing that the corporation's pay‑scale revision dated 1 July 1990 discriminated against them. The corporation relied on a Memorandum of Settlement executed under Section 12(3)…

The parties were married under the Special Marriage Act and had a daughter born in 1990. The mother left the matrimonial home with the child in 2000, prompting the father to file a habeas corpus petition and applications under Sections 7 and 25 of the Guardians and Wards Act, 1890 and Section 6 of the Hindu Minority an…

The appellant, a legal representative of an ex‑director of a company that had been liquidated, challenged a Company Judge's order that held all former directors jointly and severally liable for a sum with interest in a misfeasance proceeding. The Company Judge dismissed the appellant's application for review of that or…

Balakrishnan, the decree holder, purchased the judgment debtor's property in a court auction in 1981 and the sale was confirmed in 1983. He later filed an application for delivery of possession, which the trial court ordered in his favour. The respondent challenged the order, arguing that the application was filed beyo…

The appellant Om Parkash and co‑accused were convicted under Section 12 of the Prevention of Corruption Act, 1988 for allegedly offering a bribe of Rs 10,000 to Inspector Ganeshi Lal to influence a murder investigation. The prosecution’s case was marred by a four‑hour delay in lodging the FIR, contradictory statements …

Surender Singh and Vikas were convicted under IPC sections 392, 394, 397 and Arms Act section 25 for robbing a bank deposit bag, snatching a pistol and money. The prosecution’s case rested on the testimony of complainant PW‑9, injured witness PW‑2, and two panch witnesses PW‑3 and PW‑4, some of whom turned hostile duri…

The respondents, appointed as Home Guard Commandants under the Bombay Home Guards Act, 1947, were disengaged after the authorities found they had violated the political‑neutrality undertaking required by the Notification dated 17‑April‑1993. The State of Gujarat contended that the disengagement orders were lawful, rely…

The husband of appellant No.1 (Nunu Mahto) filed a suit for specific performance against the respondent for failure to return sale deeds, claiming he was ready to pay the consideration. After his death, his heirs substituted as plaintiffs. The trial court decreed specific performance, which was affirmed by the first ap…

The Supreme Court examined whether permits granted by the Uttar Pradesh State Transport Authority (STA) under Section 68(3)(b) of the Motor Vehicles Act, 1988 were legally valid. The STA had issued 48 permits without any applications, on the same day it purportedly assumed the power to grant permits, and without issuin…

George Philip, a Scientific Officer at BARC, was granted a two‑year extraordinary leave for research training on the condition that he would not enroll for a Ph.D. or seek an extension. He violated this undertaking by registering for a Ph.D. and overstayed his leave by more than two years, despite eight notices to repo…

The Union of India awarded a contract to M/s V.S. Engineering for supplying crushed stone ballast, but a dispute arose over penalties and performance. The contract’s General Conditions required the General Manager of Railways to appoint an arbitral tribunal, which was done, yet the contractor later filed an application…

The appellant Mandi Parishad sought market fee on cut tobacco processed by ITC Ltd in Saharanpur and sent to its own factory in Calcutta and to contract manufacturers. The Mandi Samiti’s President exempted the consignment to Calcutta but referred the contract‑manufacturer case to the Director, who ordered a fresh decis…

The Kerala State Electricity Board (KSEB) entered into a contract with Hindustan Construction Co. Ltd. (HCC) for a power tunnel, later extending the time for completion and receiving a claim for compensation for work done during the extension. An ad‑hoc committee recommended payment of Rs.808.26 lakhs, which the Board …

Rajesh Ranjan Yadav, a four‑time Member of Parliament, was charged with a triple murder under IPC sections 302, 34 and 120B, and under Section 27 of the Arms Act. After being in judicial custody for more than six years, he repeatedly applied for bail, arguing that continued detention violated his fundamental right to l…

The appellant, Bapu, was convicted under Section 302 IPC for allegedly setting his wife, Shobhabai, on fire. The prosecution's case rested on three dying declarations made by the deceased—two recorded in a rural hospital before an Executive Magistrate and a police constable, and a third before family members in a civil…

The Karnataka Handloom Development Corporation appointed Sri Mahadeva Laxman Raval as an expert weaver on a fixed‑term, honorarium‑based contract under the Vishwa programme. After the nine‑month contract expired, the corporation did not renew his engagement, and Raval claimed that his termination amounted to retrenchme…

The Supreme Court considered a dispute where Indian Drugs and Pharmaceuticals Ltd., a loss‑making public sector undertaking, had appointed ten dependants of deceased employees as casual daily‑rate workers without any vacancy or rule. The Labour Court had ordered their regularisation and the High Court, while rejecting …

Kores (India) Ltd., the lessee of an industrial undertaking, appealed a High Court order that required it to pay a royalty on plant and machinery in addition to lease rent. The High Court had appointed a receiver who fixed the royalty at 10% of the written‑down value, amounting to Rs 70,000 per month. The appellant arg…

On 31 December 1998, a Border Security Force (BSF) Assistant Commandant intercepted a jeep near the Indo‑Bangladesh border carrying 44 bags of sugar and arrested the driver for failing to produce transport documents. The seized sugar was handed to the customs inspector and the driver was produced before a Sub‑Divisiona…

The widow of a deceased casual labourer filed a claim for family pension, arguing that her husband should be deemed regularized on the date of his death. The Central Administrative Tribunal (CAT) held that despite his temporary status under the Casual Labourers (Grant of Temporary Status and Regularisation) Scheme, 199…

The appellants filed criminal appeals under Section 10 of the Special Courts (Trial of Offences Relating to Transaction in Securities) Act, 1992, but had not surrendered to their sentences. The Court examined whether Order XXI Rule 13A of the Supreme Court Rules, 1966, which requires surrender before an appeal can be p…

Hari Singh filed a writ petition under Article 32 of the Constitution seeking a direction to the Central Bureau of Investigation to probe the murder of his son, Yashvir Singh, alleging that the police had ignored the FIR due to pressure from influential persons. The Supreme Court examined whether such a petition is mai…

Binapani Kar Chowdhury filed a title suit in 1995 challenging the validity of a sale deed executed by the deceased Avarani Bose in favour of S.S. Basu. The plaintiff died in 1997 and the first respondent, claiming to be the executor and legatee under a 1996 will, was substituted as the legal representative under Order …

CEAT Ltd. introduced a Voluntary Retirement Scheme (VRS‑I) which 337 employees accepted, and later a second scheme (VRS‑II) under a Memorandum of Understanding which 179 employees accepted. Six former employees who had retired under VRS‑I alleged that the company committed an unfair labour practice by paying a Rs 90,00…

The Supreme Court examined the large‑scale conversion of residential premises to commercial use in Delhi and the failure of authorities to enforce building and land‑use laws. It held that the Constitution obliges the Court to protect fundamental rights and enforce the rule of law, especially when officials entrusted wi…

Mis Gammon India Ltd., a construction company, was alleged to have falsely issued Form‑G and claimed concessional tax rates under the Andhra Pradesh General Sales Tax Act, 1957 (APGST). The Assistant Commissioner of Commercial Taxes issued show‑cause notices and, after hearing the appellant, confirmed additional tax an…

Balwinder Singh, appointed Constable and later promoted to Head Constable by the Deputy Inspector General (DIG) of Punjab Police, was dismissed by the Superintendent of Police (SP) for unauthorized absence. He appealed the dismissal to the DIG, which was also dismissed, and then filed a suit seeking a declaration that …

The appellant filed a suit for possession and compensation of premises, alleging a leave‑and‑license agreement with the defendant. The defendant amended his pleadings, first claiming to be a sub‑tenant and later asserting that he had been in possession before the alleged agreement. The trial court dismissed the suit, t…

The dispute involved a release deed (Exhibit‑B‑9) executed in 1954 by Kunhimalu Amma, as guardian of her minor sons, and her two adult sons, surrendering their rights in a family house to Viswanathan Nair, the sole other member of the Marumakkathayam thavazhi. The appellant, Radhakrishnan, contended that the deed was a…

The appellants were appointed as Urdu teachers in Uttar Pradesh despite not possessing the Basic Teacher's Certificate (B.T.C.) or any equivalent training qualification required by Rule 8 of the U.P. Basic (Teachers) Services Rules, 1981 at the time of their recruitment. Within weeks, the State cancelled their appointm…

The Supreme Court examined two disputes referred by the Central Government under Section 10 of the Industrial Disputes Act, 1947, concerning whether workers engaged through a contractor at Sudamdh Colliery were to be treated as workmen of the principal employer, Bharat Coking Coal Ltd. The Tribunal and the Patna High C…

Anjaleem Enterprises Pvt. Ltd., a manufacturer of a computer‑based STD‑PCO unit, appealed against the Commissioner of Central Excise, Ahmedabad, challenging the inclusion of the value of a programmed EPROM in the assessable value of the unit and seeking exemption under Notification No.84/89 which exempts computer softw…

The Orissa High Court had issued interim orders restraining the Orissa Electricity Regulatory Commission (ERC) from fixing tariffs for 2002-03 and 2003-04, later modifying the orders to permit the ERC to act but keeping the writ petitions pending for monitoring. The ERC proceeded to fix the tariffs and levies were bein…

The case involved the murder of a school teacher by a group of accused who entered the classroom and assaulted him with iron rods, resulting in 44 injuries. The prosecution relied primarily on child witnesses and two chance witnesses, while the defence challenged the reliability of their testimony, the delays in record…

The Supreme Court examined appeals by the Uttar Pradesh State Industrial Development Corporation and the claimants concerning land acquired under the Land Acquisition Act, 1894. The Court upheld the Reference Court’s award of Rs.11 per square yard for land abutting the road and Rs.9 per square yard for other land, find…

M.R. Kudva, a bank manager, was convicted in two separate cases for offences under Sections 120B, 420, 468, 471 IPC and Section 5(1) of the Prevention of Corruption Act, receiving 18 months' rigorous imprisonment in one case and two years in the other. Both convictions and sentences were upheld by the High Court and th…

The appeal concerned a special Letters Patent appeal filed before the CPC (Amendment) Act 2002 came into force. The appellant argued that Section 100‑A of the Code of Civil Procedure, which bars further appeals from a single‑judge decision, should apply retrospectively and thus invalidate the pending appeal. The Suprem…

The case concerned the estate of Mohammed Imam Saheb, who executed a Release Deed in 1958 and a Deed of Trust in 1960. After his death, his son Mohammed Dastagir filed a partition suit claiming a share in the properties, while the other heirs argued that the Deed of Trust created a Wakf‑al‑al‑Aulad, rendering the prope…

The Supreme Court examined whether Kudremukh Iron Ore Company Limited (KIOCL) could continue mining weathered secondary ore beyond the 2005 deadline set by earlier orders, and whether its operations were causing environmental harm. The Court found that KIOCL had used the period for commercial extraction without taking …

The Supreme Court examined three election petitions filed in the High Court of Sikkim challenging unopposed elections to the Sikkim Legislative Assembly where the returned candidates were declared elected on 26 April 2004. The petitioners argued that the 45‑day limitation under Section 81 of the Representation of the P…

Triveni Chemicals Ltd., a manufacturer of adhesive, deposited excise duty under protest and later obtained a classification that made the product exempt, prompting it to seek a refund of the duty paid. The initial refund application was rejected, but the appellate authority allowed the refund; however, no refund was su…

The Supreme Court considered an appeal by the father‑in‑law and mother‑in‑law (appellants) against a Delhi High Court order that held the second floor of a house owned by the mother‑in‑law to be the matrimonial home of their daughter‑in‑law, Taruna Batra. The wife had earlier lived in the house with her husband but lat…

The deceased Umeshchandra Madhav Joshi executed a Will in a hospital ICU bequeathing his entire residuary estate to his son Dr. Niranjan Umeshchandra Joshi, who also acted as executor. The Will was attested by an advocate and a doctor, both known to the appellant, and was drafted under circumstances that raised doubts …

Two brothers, Madhavan and Bahuleyan, formed a partnership and were co‑owners of a property. Madhavan died, causing the partnership to dissolve. The legal heirs of Madhavan sold the property to Krishnan (predecessor in interest of the respondents). A third party later obtained a decree against the dissolved firm and th…

The respondents, junior scientists, sought promotion to Scientist‑Grade C despite not having the five years of service in Grade B required by Rule 7(2)(b) of the Central Ground Water Board (Scientific Group ‘A’ Posts) Recruitment Rules, 1995. They argued that deputationists with eight years of service were promoted und…

Satin Chandrapegu was convicted under Section 409 IPC for alleged misappropriation of Rs.91,006 and sentenced to two years' imprisonment with a fine. His appeal to the Sessions Court was dismissed, and he filed a criminal revision under Sections 397, 401 and 482 of the CrPC before the Guwahati High Court. At the hearin…

The respondent, a consumer of electricity, alleged that the meter installed by the appellant was defective and that the demand of Rs.1,07,326 raised for alleged tampering was illegal. He filed a complaint before the District Consumer Disputes Redressal Forum seeking that the matter be referred to the Electrical Inspect…

The assessee, a Hindu Undivided Family, was searched under Section 132 of the Income‑Tax Act and unaccounted money, gold and documents were seized. The assessing officer made a provisional assessment under Section 132(5) and later the regular assessment incorporated additions based on a presumption that the seized asse…

Mysore Electricals Industries Ltd manufactured single panel circuit breakers and initially classified them under tariff heading 85.35, claiming a 5% excise duty as per its approved classification list dated 01‑03‑1993. The Revenue later issued a show‑cause notice and, relying on a CBEC circular dated 14‑07‑1994, re‑cla…

The Gram Panchayat of Haripura, claiming ownership of a parcel of land, filed an application under Sections 4 and 7 of the Punjab Public Premises (Eviction and Rent Recovery) Act, 1973 to evict respondents who were cultivating the land without a valid lease. The Collector held the respondents to be unauthorised occupan…

The appellant, a textile showroom owner, insured its stock-in-trade against riots, strikes and terrorist damage. Following bomb blasts in Coimbatore, an armed mob looted and set fire to the showroom, allegedly destroying stock on the ground floor and in two basement levels. The insurer paid for the ground‑floor loss bu…

The appellants were convicted for offences under Sections 143, 147, 341, 307 and 149 of the IPC, with the High Court altering the conviction for the assault to Section 326 read with Section 149 and imposing eight years' rigorous imprisonment plus a Rs.500 fine. The appellants challenged the conviction and sentence as d…

A driver employed by the Northeast Karnataka Road Transport Corporation collided his bus with the rear of another corporation bus while overtaking, causing the latter to strike a tree, injuring 56 passengers and killing four. The corporation’s disciplinary authority dismissed the driver, but the Labour Court set aside …

The appellants, employees of Tata Iron & Steel Co., challenged the amendment to Rule 3 of the Income Tax Rules, 1962 which altered the method of valuing perquisites for rent‑free accommodation. They argued that the amendment was arbitrary, violated Article 14 of the Constitution and was inconsistent with Section 17(2)(…

The appellants Kalu Ram and others were convicted by the trial court under Section 304(1) read with Section 34 of the Indian Penal Code and sentenced to seven years' rigorous imprisonment. They filed an appeal against the conviction, while an informant filed a criminal revision petition seeking conviction under Section…

The State of Haryana and others appealed against a writ petition filed by Mis. AGM Management Services Ltd., which the Punjab and Haryana High Court had dismissed by relying on an earlier decision in Ramesh Chand v. Registrar‑cum‑Deputy Commissioner, Jind. The appellants argued that the High Court failed to explain how…

Four jute mills filed writ petitions seeking a declaration that the 1998 amendment (Act 10 of 1998) removing clause (d) of Section 16 of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 did not affect the "infancy protection" they had already accrued. The amendment eliminated the exemption that allow…

The State of Karnataka challenged the claim of exemption under Section 5(3) of the Central Sales Tax Act by Azad Coach Builders, a bus‑body manufacturer that supplied completed bus bodies to exporters (TATA/Ashok Leyland) for subsequent export of whole buses. The department argued that the sale was only of bus‑bodies, …

Morgan Securities advanced an inter‑corporate deposit to Modi Rubber, which defaulted, leading to an arbitral award in favour of Morgan and a winding‑up petition. The High Court restrained Modi Rubber from dealing with its assets, but the company made a reference to the Board for Industrial and Financial Reconstruction…

The appellant, Shanti Devi, claimed a Will executed by her mother in her favour and sought mutation of the property. Her sister, Daropti Devi, challenged the Will's validity, filing suits for perpetual injunction and declaration, both dismissed by the trial court. The Delhi High Court remitted the entire case to the tr…

The Supreme Court considered appeals by A.P. Steel Re‑Rolling Mill Ltd. against the State of Kerala and the Kerala State Electricity Board. The State had issued a 1992 notification exempting new industrial units from the enhanced power tariff if commercial production began between 1 January 1992 and 31 December 1996. T…

S.A. Builders Ltd borrowed funds from banks and advanced a portion of those funds interest‑free to its subsidiary, M/s SAB Credits Ltd. The Assessing Officer disallowed the interest paid on the borrowed funds, holding that the advance to the sister concern was not for the assessee’s own business. The CIT(A) partially a…

The mother of a 31‑year‑old government employee who died in a bus accident filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 12 lakh with 15% interest, using a multiplier based on the deceased's age. The appellant, Maharashtra State Road Transport Corporat…

S.A. Builders Ltd., a company engaged in civil construction, claimed a deduction under Section 32AB of the Income Tax Act, 1961. The Income Tax Appellate Tribunal rejected the claim on two grounds: the company was not carrying on any manufacturing activity and the deduction was subject to conditions that were not shown…

R. Valasina Babu was appointed as a Postal Assistant to a post reserved for Scheduled Castes on the basis of a caste certificate. Later information indicated he did not belong to the Scheduled Caste, prompting disciplinary proceedings. While the inquiry was pending, the Collector cancelled his caste certificate. The di…

The appellant, accused No.2, was charged under the NDPS Act for allegedly handing over heroin to accused No.1. The prosecution's case rested solely on the retracted statement of accused No.1, an accomplice, and the appellant's own retracted confession; no narcotics were found in the appellant's possession. The Supreme …

The appellant, convicted under the Customs Act for possessing smuggled gold, was served a notice under Section 6(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 alleging that his property was illegally acquired. The authority, after a hearing, ordered forfeiture of the property …

The appellants Murari Thakur and Sudhir Thakur, along with a third accused, were convicted for the murder of a 14‑year‑old boy, Bal Krishna Mishra, on 26 August 1998. The prosecution proved that Murari held the victim's legs, Sudhir sat on his back, and the third accused cut the victim's throat, establishing a common i…

Mis. Kachwala Gems, a dealer in precious stones, was assessed under the Income Tax Act after the Assessing Officer found serious deficiencies in its books of accounts, including lack of stock registers and unverified purchase entries amounting to about Rs. 42 lakh. The AO rejected the books, invoked Section 144 for a b…

The Official Trustee of West Bengal, as executor and trustee of a 1919 lease, was asked by Stephen Court Ltd. to apply to the Calcutta High Court for an extension of the lease under Section 302 of the Succession Act, 1925 read with Section 26 of the Official Trustees Act, 1913. The High Court entertained the applicatio…

The Society, formed by officers and employees of the Ordinance Equipment Factory (OEF), operated a CBSE‑affiliated secondary school in OEF premises on an annual rent of Rs 3,904. The OEF Board later ordered the school to cease operation after the 2005‑06 academic session, demanded payment of a large lease rent and prem…

The respondent, a candidate in the 2004 High School Certificate examination, discovered that his mark sheet incorrectly recorded 35 marks instead of 65 in one paper due to a computer entry error, later corrected to a total of 690 marks, exceeding the Board's cut‑off of 682. He petitioned for re‑valuation of his answer …

Dr. T.C. Kaushik, an Additional Government Counsel, was held by the Bombay High Court to have distorted a court order in a letter to the Revenue Department and was directed to face departmental action. He subsequently filed an affidavit on 27 March 2006 offering an unconditional apology, stating that the distortion was…

The appellant, Ravikant S. Patil, was convicted in 2000 for offences under IPC sections 366 and 376 and sentenced to seven years’ imprisonment. While his criminal appeal was pending, the Bombay High Court stayed both the execution of the sentence and, on 26 March 2004, the conviction itself so that he could file his no…

The tenants sought relief under Order VI Rule 17 of the CPC, arguing that the landlord had not served a notice under Section 106 of the Transfer of Property Act before filing an eviction suit. A single judge of the Rajasthan High Court allowed the plea, relying on Prakash Mal v. Jaswant Raj Soni, which held that a noti…

The Supreme Court examined a civil revision order passed by the Madhya Pradesh High Court under Section 115 of the Code of Civil Procedure, 1908, which was decided after hearing only the applicant’s counsel and without issuing any notice to the appellant. A review petition highlighting the lack of notice was also dismi…

The Andhra Pradesh Public Service Commission (APPSC) advertised 19 Deputy Superintendent of Police posts, but the State Government later directed it to recommend only ten candidates. The APPSC complied, and the remaining three applicants challenged the direction. The Andhra Pradesh Administrative Tribunal held that the…

Jay Engineering Works Ltd., a sick industrial company, was declared sick under the Sick Industrial Companies (Special Provisions) Act, 1985 and a rehabilitation scheme was approved in 2003. Respondent No.2 (Diamond Wire Industries) claimed interest on delayed payments under the Interest on Delayed Payments to Small Sca…

The respondent, owner of a 2.5‑acre farmhouse in the agricultural green belt of Delhi, constructed a dwelling house on the land. The Municipal Corporation of Delhi (MCD) levied General Tax under Section 115 of the Delhi Municipal Corporation Act, 1957, treating the entire farm as taxable. The High Court directed that f…

The dispute concerned a property bequeathed under a will that was allegedly altered, and later declared as evacuee property under the Goa Administration Evacuee Property Act, 1964. While a civil suit seeking declaration of title was pending since 1993, the High Court, in a writ petition, set aside a government order re…

The Indian Evangelical Lutheran Church, originally registered under the Societies Registration Act, 1860, later fell under the Tamil Nadu Societies Registration Act, 1975. After elections were conducted under an Advocate Commissioner, the Commissioner reported that the society had become defunct. The Madras High Court …

The Andhra Pradesh Public Service Commission conducted a multi‑stage recruitment for 30‑plus Group‑I posts, fixing a 66% cut‑off based on a 1:50 vacancy‑to‑candidate ratio. Several government orders (GOMs 164, 133 and 200) later altered age limits and reduced the cut‑off to 61%, allegedly to accommodate more candidates…

The appellant Union Territory of Dadra & Nagar Haveli sought to summon the Collector as a material witness under Section 311 of the Cr.P.C. after the defence had pleaded alibi and presented evidence. The High Court set aside the Sessions Judge’s order, holding that the summons would fill a lacuna in the prosecution cas…

The appellant Krishnan was charged with murdering his elder brother after a quarrel over thorn sticks used to block a common yard drain. He claimed he acted in self‑defence after being attacked and bitten by the deceased and his son. The trial court rejected the plea and convicted him under Section 302 IPC, while the H…

Alembic Glass Industries Ltd., a glass manufacturer whose factory was closed after a strike, reduced its advertising expenditure. Its bulk purchaser, Mis Darshak Ltd., began advertising the glass to boost sales. The Central Excise authorities issued a show‑cause notice demanding duty on the basis that the advertising c…

The appellant State of Madhya Pradesh challenged the High Court's reduction of the rigorous imprisonment term for Santosh Kumar, who was convicted of raping a six‑year‑old girl under Section 376(2) of the IPC and also under Section 342. The trial court had sentenced him to ten years' rigorous imprisonment; the High Cou…

Dr. B.N. Raman, a non‑resident Indian, deposited US$5,000 in a Foreign Currency Non‑Resident (FCNR) account with Standard Chartered Bank in August 1979, which was to mature in November 1984 and was later reinvested at higher rates. The bank later claimed the deposit was prematurely withdrawn in November 1979, a claim t…

The Supreme Court heard a group of appeals challenging the Bombay High Court's handling of a public interest litigation that questioned the legality of Regulation 33(7) of the Development Control Regulations, 1991 as amended in 1999. The petitioners alleged that the amendment, which fixed a minimum floor space index of…

Multiple appeals and writ petitions challenged various state levies imposed by Haryana, alleging that the taxes were compensatory in nature and violated Article 301 of the Constitution. The Supreme Court examined the judicially evolved concept of "compensatory tax" and overruled the earlier "some connection" test from …

The State of Andhra Pradesh appealed the acquittal of five accused who had been convicted by the trial court for murder under Sections 302, 148 and 149 IPC. The High Court set aside the conviction on the ground that the two eyewitnesses – PW1 (brother of the deceased) and PW2 (brother‑in‑law) – were interested witnesse…

Anjan Kumar, the son of a Scheduled Tribe mother and a non‑tribal father, obtained a Scheduled Tribe (ST) certificate on the basis of his mother's status and cleared the Civil Services Examination as an ST candidate, but was denied a final posting. He challenged the Union of India's refusal and the enquiry report that …

The Supreme Court, hearing a transfer petition concerning a matrimonial suit, observed that the lack of official marriage records in many States enables unscrupulous persons to deny the existence of marriages, adversely affecting women and children. It noted that while several States have rules for voluntary registrati…

M/s North West Switchgear Ltd and M/s Kesharbai Electronics manufactured fan regulators and classified them under sub‑heading 8414.20 of the Central Excise Tariff Act, 1985, claiming they are electric fans. The revenue issued show‑cause notices alleging short payment of duty, arguing that the regulators are accessories…

The Supreme Court entertained a public‑interest petition filed by the People’s Union for Civil Liberties alleging that the Central and State Governments had failed to implement earlier court directions for universalisation of the Integrated Child Development Scheme (ICDS). The petition highlighted that many Anganwadi C…

The petitioners, owners of land acquired under the Land Acquisition Act, 1894, obtained a compensation award from a Reference Court under Section 18 but were denied interest on the additional amount (Section 23(1A)) and solatium (Section 23(2) ) following the then‑law of Prem Nath Kapoor (1996). The Special Land Acquis…

Southern Petrochemicals Industries Corp. Ltd. defaulted on a loan of Rs. 101 crore advanced by a consortium that included the Unit Trust of India (UTI). After the UTI was restructured under the UTI (Transfer of Undertaking and Repeal) Act, 2002, the Administrator of the Specified Undertaking of UTI and the UTI Trustee …

Suja Uday Patil (wife) appealed against the decree of divorce granted to her husband, Uday Madhukar Patil, on the grounds of cruelty and desertion under the Hindu Marriage Act. The trial court had initially ordered judicial separation, but the District Judge later dissolved the marriage and awarded alimony, a decision …

The suit property was bequeathed to respondent No.2 by a will, but respondent No.1 filed a suit claiming title based on an oral family settlement and obtained an ex‑parte injunction restraining respondent No.2 from transferring the property. While the injunction was in force, the appellant purchased the property from r…

The appellant, Daulat Singh Surana, owned premises that had been requisitioned and used by the West Bengal Government since 1943 as the office and residence of the Deputy Commissioner of Police (Security Control). The State issued a notification under Section 4 and a declaration under Section 6 of the Land Acquisition …

The respondent, an associate professor at NIT Jamshedpur, applied for admission to a Quality Improvement Programme at IIT Madras and sought leave from the institute. The institute denied permission, citing a rule that staff strength in the department could not fall below 70% upon relieving a teacher. A Single Judge all…

The assessee, Mohan Brickfield, was engaged in brick manufacturing and sales. During two surveys of its premises in 1984-85, it failed to produce its books of accounts, which were later produced at the time of assessment. The Assessing Officer rejected the books, citing the non‑production at the surveys and other discr…

Supra Marketing Agencies, a dealer registered under the Andhra Pradesh General Sales Tax Act, 1957 and the Central Sales Tax Act, 1956, entered into a supply agreement with the Andhra Pradesh Backward Classes Cooperative Finance Corporation for the Adarna project. The State Commercial Tax Department directed the Corpor…

The Cambridge School, an unaffiliated institution, repeatedly violated CBSE's Examination and Affiliation Bye‑Laws by admitting students without meeting required standards. Despite CBSE’s warnings and withdrawal of provisional affiliation, the school sought permission for its Class X and XII students to sit for the 200…

The appellants were charged under Sections 306, 498A read with Section 34 of the IPC for the death of Sharmila. The complainant sought to introduce a later death certificate dated 10‑04‑2004, which alleged a different cause of death from an earlier certificate dated 18‑05‑2000. The trial court kept the certificate issu…

The State of Andhra Pradesh filed a complaint under Sections 199 and 200 of the Cr.P.C. alleging that the appellants, through a telecast on E TV-2, intended to defame the Chief Minister, other ministers and public servants. The appellants sought to quash the criminal proceedings under Section 482 of the Cr.P.C., claimi…

The dispute arose between members of the Nanda family over Kidarsons Industries Pvt. Ltd., whose main income from an agency contract had ceased. A family settlement was reached whereby appellant No.2 (Narendra Nath Nanda) would transfer his 30.14% share in the company in exchange for an equivalent portion of the compan…

The case concerned a dispute over several properties in Bangalore, where the respondents claimed that Nirmala, a natural daughter of Kadarappa, had been adopted by her uncle Obalappa and therefore inherited his estate. The Supreme Court examined whether a daughter can be validly adopted under Hindu law, concluding that…

Man Singh was appointed as a temporary conductor by the U.P. State Road Transport Corporation on 20 July 1974 and was terminated on 23 July 1975 for alleged misconduct. He raised an industrial dispute on 14 September 1986, more than a decade after his termination. The Labour Court held that the corporation had not comp…

The appellants were alleged to have issued two cheques on behalf of Karnataka News Net (Bangalore) Ltd. which were later dishonoured. A complaint under Section 138 of the Negotiable Instruments Act was filed, invoking Section 141 to hold the directors vicariously liable. The complaint, however, failed to specifically s…

The Madhya Pradesh State Electricity Board (MPSEB) challenged two notifications issued by the Central Government fixing the dissolution date of the erstwhile MPSEB as 15‑Nov‑2000 and apportioning assets, rights and liabilities between MPSEB and the newly formed Chhattisgarh State Electricity Board (CSEB). MPSEB alleged…

Tea Auction Ltd. sued Grace Hill Tea Industry for a sum of about Rs.37.26 lakh with interest. An ex‑parte decree was passed against Grace Hill for non‑appearance. The Single Judge of the Calcutta High Court allowed the decree to be recalled but conditioned it on the defendant furnishing security of the entire amount (R…

M. Kurmi Naidu, an Assistant Engineer of the A.P. State Electricity Board, was charged with misconduct and, after an enquiry, the Chairman (the Board's appellate authority) imposed compulsory retirement. Naidu filed a mercy petition, which the Board treated as an appeal and rejected. He contended that he was denied a p…

Allied Air‑Conditioning Corp manufactured package‑type air conditioners that were cleared in a knocked‑down condition and assembled on site. The Commissioner of Central Excise alleged duty evasion and invoked the extended period of limitation under the proviso to Section 11(A) of the Central Excise Act, 1944, assessing…

Ravi Constructions Co. appealed a Bombay High Court order that had allowed a second appeal under Section 100 of the CPC without framing a substantial question of law, challenging the validity of a consent decree entered in an earlier suit filed by the chief trustee of the Somvanshi Arya Kshatriya Samaj trust. The trust…

Noble Resources Ltd. entered into a contract with the Orissa state-owned corporation OMC Ltd. to supply specified quantities of iron‑ore fines of grades A, B and C at agreed prices. OMC later refused to supply the remaining C‑grade quantity, citing a sharp rise in international prices and cancelled the tender, promptin…

The Supreme Court considered an appeal by Sanjay Kumar Manjul against a High Court order that had allowed Dr. S. Rajavelu’s writ petition challenging his exclusion from the UPSC’s direct recruitment for the post of Superintending Archaeologist. The dispute centered on whether field experience in Epigraphy satisfied the…

The Rajasthan High Court, in a suo motu public interest litigation, ordered a ban on truck entry into Jaipur and directed the shift of the Phal Sabzi Mandi from Lal Kothi to Mohana within eight months to alleviate traffic congestion. The State of Rajasthan proposed a notification under the Rajasthan Agriculture Produce…

The appellant B.S.N.L. entered into a works contract containing an arbitration clause that designated the Chief Engineer (or administrative head) of the Telecommunication/Postal Department to appoint the arbitrator. After the appellant’s Managing Director failed to respond to the respondent’s notice, the respondent fil…

The State of Karnataka filed an appeal against a High Court order that allowed the accused, Annegowda, to defer the recording of his statement under Section 313 of the Criminal Procedure Code (CrPC) until the trials of ten other related cases were completed. The accused faced eleven charge sheets for alleged misappropr…

The appellant, U.P. State Road Transport Corporation, challenged the award of Rs.5,12,000 made by a Motor Accident Claims Tribunal to the widows and children of Rajveer Singh, who died in a motor accident on 29‑Nov‑1990. The Tribunal had used a multiplier of 22, based on the deceased’s presumed 22 years of service left…

The appellants were arrested for a dowry death under Section 304B(8) of the IPC and applied for bail, contending that the police challan had not been filed within the statutory period. The trial magistrate rejected bail, holding that the challan was filed within 90 days, while the Sessions Judge granted bail, interpret…

The State of Andhra Pradesh appealed to the Supreme Court against a High Court order acquitting several accused, including D.V. Chandrasekhar (A‑3). While the appeal under Article 136 was pending, Chandrasekhar died, and his wife filed a petition asserting that the appeal had abated. The Court examined whether an appea…

The appellant, Rajasthan Tourism Development Corporation Ltd., terminated the services of the respondent, a casual house‑assistant, who claimed to have completed 240 days of continuous service. The Labour Court, relying on the respondent’s claim, awarded reinstatement and back wages under Section 25(F) of the Industria…

The appellant, a sweeper employer, dismissed the respondent, a daily‑wage sweeper, who after four and a half years filed a demand for reinstatement with back wages. The employer contended that the respondent had not completed the statutory 240 days of work in any year, a condition for a person to be deemed a “workman” …

The appellant, Gyanendra Sahay, submitted a handwritten application for premature voluntary retirement on 1 April 1995, which the employer accepted the same day and paid the retirement benefits. After 48 days he sought reinstatement, alleging that he had been forced to retire under undue and excessive pressure. The Lab…

The Supreme Court examined the constitutional validity of the Haryana Local Area Development Tax Act, 2000, which imposed an entry tax on goods entering local areas. The key issue was whether such a tax qualified as a "compensatory tax" and therefore fell outside the prohibition of Article 301 of the Constitution. The …

The State of Maharashtra appealed against a Bombay High Court order that released convicted rapist Suresh Pandurang Darvakar on furlough. Darvakar, sentenced to seven years for offences under Sections 376 and 354 IPC, applied for furlough but his sister refused to stand surety, and police reports indicated no recommend…

The Supreme Court examined the plight of children who reside in jails with their mother‑prisoners, whether under‑trial or convicted, and found that existing provisions were inadequate. Relying on constitutional guarantees (Articles 14, 15, 21, 23, 24, 39, 42, 45, 46, 47) and international child‑rights norms, the Court …