Judgments of 2006

Sarada Prasad Misra was appointed as a conductor on a temporary, ad‑hoc basis by U.P. State Road Transport Corporation and was terminated in September 1975 with one month’s salary in lieu of notice. After a delay of about seven years he filed an application under Section 2‑A of the U.P. Industrial Disputes Act seeking …

Kishore Kumar Khaitan filed a suit seeking a declaration of tenancy and a perpetual injunction against the owners of a building, also applying for an interim injunction. The trial court refused an ex‑parte injunction; the Additional District Judge then issued an ex‑parte order directing the parties to maintain the stat…

The appellants, Vemareddy Kumaraswamy Reddy and another, had surrendered surplus agricultural land that contained fruit‑bearing cashew trees. The dispute centered on the amount payable for those trees under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, specifically the seignorage rates n…

The appellant challenged the allocation of two parcels of land in Jabalpur—one to a newspaper proprietor and another to YMCA—arguing that the State of Madhya Pradesh, acting under a purported policy decision, had exceeded its statutory authority and violated the Master Plan prepared under the Madhya Pradesh Nagar Tatha…

The case involved the murder of Biswanath Dutta, allegedly committed by his brother Aloke Nath Dutta to facilitate the sale of family property. Aloke Nath made an extra‑judicial confession admitting to the killing, while co‑accused Mrinal Dutta gave a judicial confession that was later retracted, alleging police tortur…

V. Venkat Subbarao, a surveyor, was accused of accepting a bribe of Rs.2,000 after intervening in a demand of Rs.5,000 made by a Mandal Revenue Officer (MRO) for allowing the removal of casurina trees. The prosecution relied on a pre‑trap operation conducted by the Anti‑Corruption Bureau, but the Supreme Court found nu…

The appellant and respondents were brothers involved in a partition suit filed by Respondent No.1. A preliminary decree was passed in 1999, after which a special petition was treated as an application for a final decree. A local commissioner reported the property to be impartible and a sale proclamation was issued, lea…

The brothers Shreedhar Govind Kamerkar (appellant) and Yesahwant Govind Kamerkar (respondent) entered into a partnership in 1971 that was dissolved in 1977. The dispute concerned whether the tenancy rights to a premises in Navalkar Building, used for the Deepak Provision Store and later for Shree Medico, formed part of…

Ajay Goswami filed a writ petition under Article 32 seeking court‑issued guidelines for newspapers to prevent minors from being exposed to sexually explicit material, and to set up a committee for regulating such content. The petition argued that existing statutes were inadequate to protect children. The Supreme Court …

Doiwala Sehkari Shram Samvida Samiti Ltd., a private mining firm, applied for a ten‑year lease for minor minerals under Rule 9‑A of the U.P. Minor Minerals (Concession) Rules, 1963. After the bifurcation of Uttar Pradesh, the new State of Uttarakhand adopted the rules with modifications and introduced a policy that, as…

The Commissioner of Central Excise appealed against the CEGAT order that refrigeration, cold storage, central air‑conditioning and caustic soda plants assembled at site are not excisable goods. The appellants contended that assembling duty‑paid components into a new marketable plant creates a new commodity liable to ex…

The appellant, Bablu (Mubarik Hussain), was convicted of murdering his wife, three minor daughters and a minor son by strangulation. The trial court relied on an extrajudicial confession, the appellant's presence at the crime scene and the recovery of the wife's earring to uphold a conviction under Section 302 IPC and …

The Uttaranchal Forest Development Corporation engaged daily‑wage workers for measuring wood and protecting timber. When work ceased, the workers were retrenched under Section 6‑N of the U.P. Industrial Disputes Act. The Labour Court held the retrenchment valid, saying the corporation was not an "industrial establishme…

The case concerned the acquisition of 19.87 acres of land in Andhra Pradesh and the award of compensation for the land and palmyrah and cashew trees standing thereon. The Sub‑Judge enhanced the land compensation to Rs 55,000 per acre and increased the per‑tree rates, but retained the original count of 1,000 big and 500…

The complainant filed a complaint before a Sub‑Divisional Judicial Magistrate alleging offences under Sections 147, 148, 149, 448, 452, 323 and 395 IPC. The magistrate endorsed the complaint to the police, but the SHO registered an FIR only under Sections 452, 380 and 323/34, omitting several cognizable offences, espec…

The Union of India sought damages for the unauthorized occupation of shops and stalls in the Lodhi Road Complex after the Supreme Court cancelled earlier allotments and ordered the occupants to vacate. The respondents, who never participated in the tender process, remained in possession despite notices and a contempt p…

Dwarka Prasad Tiwari, a constable in the Central Reserve Police Force, fired his service weapon without orders while on sentry duty, injuring himself. A departmental inquiry under Rule 27 of the CRPF Rules, 1955 found him guilty of misconduct and negligence and dismissed him. The High Court set aside the dismissal as "…

The respondent, a retired employee, filed a civil writ petition in the Punjab and Haryana High Court seeking a mandamus directing the employer to pay interest of 18% on delayed pension and other retirement benefits. The High Court referred the petition to a Lok Adalat for settlement, and the Lok Adalat issued an award …

The wife of the complainant obtained a Janata Personal Accident Policy for Rs 5 lakhs and died in an accident. The insurer refused the claim alleging that the proposal form contained a false statement about the insured's occupation (teacher versus housewife). The complainant approached the State Consumer Disputes Redre…

The appellant, Priya Patel, was charged under IPC sections 323 and 376(2)(g) for allegedly facilitating her husband’s rape of a woman. The High Court upheld the charge, holding that Explanation I to Section 376(2) makes a woman liable for ‘gang rape’ if she assists the act. On appeal, the Supreme Court examined the lan…

The Supreme Court examined a writ petition filed as a Public Interest Litigation (PIL) challenging the auction of sand and boulder mines under Uttar Pradesh Minor Minerals (Concession) Rules, 1963. The petitioner, who was also a tenderer and a party to a related writ petition, alleged irregularities favoring a politica…

The case involved a workman (Respondent No. I) who was dismissed for threatening senior officers and inciting a strike. The Labour Court found the domestic inquiry defective but allowed the employer to adduce fresh evidence, ultimately upholding the dismissal. The High Court, exercising writ jurisdiction, set aside the…

The case arose from a violent dispute over a bund in which a large number of persons were alleged to have participated. The FIR named fifteen persons, but thirty‑nine were tried. The trial court convicted six accused, including the appellants, under Sections 302/149 IPC despite the charge sheet being framed under Secti…

The appellant Union of India challenged a Delhi High Court order that granted a permanent commission to R. Bhusal, an Air Force officer who had served on a Short Service Commission. Bhusal's request for permanent commission was denied by the service board on the grounds that he failed to meet the required performance a…

Arvind Kumar Singh sold land to Paras Sah, whose deed was registered on 14 June 1984. Paras Sah then executed a second sale deed in favour of Ghurla Kuer, which was not registered until 31 August 1984. Chandrika Singh, a raiyat of adjoining lands, filed a pre‑emption application on 17 July 1984 under Section 16(3) of t…

The appellant tenants, nephews of the deceased landowner Suryanarayana, occupied several acres of land in Vishakhapatnam district. After the death of Suryanarayana's first wife Chilakamma, the second wife Pydamma claimed ownership and filed an eviction suit under the Andhra Pradesh Tenancy Act alleging default and sub‑…

The Karnataka Industrial Areas Development Board (KIADB) appealed against a Karnataka High Court order that quashed a notification under Section 3(1) of the KIADB Act and directed a one‑kilometre green‑belt around villages, on the ground that the lands were needed for industrial development. The Supreme Court examined …

The respondent, H.B. Malhotra, a Punjab civil servant, faced disciplinary proceedings which he sought to avoid by offering to retire voluntarily on health grounds. The State accepted the offer, dropped the disciplinary case, but failed to release his retiral benefits. He filed a writ petition; the Punjab and Haryana Hi…

National Fertilizers Ltd., a government company, imposed a ban on recruitment in its Marketing Division but nevertheless appointed 52 employees without advertising or notifying the employment exchange, in breach of its own Recruitment and Promotion Rules and the Employment Exchange Act. Various High Courts had ordered …

The Supreme Court examined a dispute between McDermott International Inc. (appellant) and Burn Standard Co. Ltd. (respondent) arising from a complex offshore construction contract with ONGC, where the arbitrator had issued a "partial award" deferring certain claims and later an additional and final award. The Court hel…

The South Indian Cashew Factories Workers' Union challenged the domestic enquiry and subsequent reversion of a manager, S. Sivasankara Pillai, for alleged misconduct. The enquiry was conducted by the corporation's Assistant Personnel Manager, who found the employee guilty and recommended reversion to clerk. The Labour …

Jai Beverages Pvt. Ltd. set up a soft‑drink bottling plant in Jammu with a capital outlay of over Rs 27 crore and sought exemption from General Sales Tax and Central Sales Tax under the Jammu & Kashmir New Industrial Policy (1998‑2003) which offered special incentives to "prestigious units" having an investment of Rs 2…

The appellant, a subsequent purchaser of a suit property, challenged a decree granting specific performance of an agreement for sale entered into between the original buyer (Respondent No.1) and a private limited company (Respondent No.2). The company had promised to execute and register a sale deed but later refused, …

Dr. Shrikant, a lecturer at Banaras Hindu University, applied for leave to accompany his wife to the UK and attend a conference, receiving departmental recommendation but not the Vice Chancellor's sanction. He travelled abroad without explicit permission, later returned and submitted a joining report, which the Univers…

The appellants, assistants of the Gujarat High Court, challenged their exclusion from promotion to Section Officer, arguing that a 1982 Government Resolution limited the "zone of consideration" to three times the vacancies and that the selection process violated Rule 47(2) by not assigning marks for past performance. T…

The appellants were retired teachers of university and private aided colleges in Karnataka who retired between 1 January 1996 and 31 March 1998. They had been placed on par with government college teachers and were governed by the UGC pay scales, which were revised with effect from 1 January 1996. The State Government …

Umrao filed a FIR alleging that when he, his son Rajinder and his brother went to a tube‑well owned by the brother, the accused were removing an electric motor from it. A quarrel ensued and the accused struck Rajinder and others with various weapons. Rajinder was hospitalized, discharged on 25 September 1992, readmitte…

The appellant, R. S. Gorkhi, was convicted of murder committed on 15‑05‑1979 and claimed he was a minor at the time, seeking protection under Section 2(4) of the Uttar Pradesh Children Act, 1951. The Sessions Judge had relied solely on a school leaving certificate, dated 1998, which recorded his birth as 01‑06‑1963, an…

The appellant, a Deputy Superintendent of Stamps, was charged under the IPC and Sections 3(2), 3(5) and 24 of the Maharashtra Control of Organised Crime Act (MCOCA) for allegedly aiding a large‑scale fake‑stamp racket. He had been in custody for over two years when the Special Court denied his bail application under Se…

The case concerned a supervisory‑B employee of a sugar mill who, after the mill was nationalised under the Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971, sought to be placed in the corporation’s higher pay scale that was being paid to two other employees – one whose higher pay was protected under Section 16 …

The State of Kerala had established a Family Court at Manjeri in 1999, but due to inadequate facilities the Bar Association sought its relocation to the district headquarters at Malappuram. The High Court recommended the shift, and the State Government issued an order effecting it. The appellants challenged the order, …

The State of Himachal Pradesh appealed a High Court revision that set aside the conviction of Karanvir, a postmaster, under Section 409 of the IPC for misappropriating Rs. 8,000 entrusted to him for the purchase of National Savings Certificates. The complainant had deposited the amount with the postmaster, who, as a pu…

Dhampur Sugar Mills Ltd entered into a licence deed to use a sugar mill, agreeing to pay the licence fee largely in molasses. The revenue department assessed trade tax on the molasses, treating it as a sale under the Uttar Pradesh Trade Tax Act, 1948. The appellant argued that the molasses payment was a barter, not a s…

Howrah Mills Co. Ltd., a company under the Board for Industrial and Financial Reconstruction (BIFR), sought to sell a portion of its land to revive its industry. While the sale process was advanced, certain respondents, claiming fractional ownership, interfered with the company's possession and the police failed to pro…

Om Prakash Sharma, a casual worker of State Bank of Bikaner and Jaipur, was terminated after three and a half months and replaced by a junior employee. He raised an industrial dispute and the appropriate Government referred the question of whether his termination violated Section 25H of the Industrial Disputes Act, 194…

The respondent, Ashappa, a conductor employed by North Eastern Karnataka Road Transport Corporation, was absent without authorization for more than three years between November 1990 and December 1993 and repeatedly failed to report to duty despite notices. A departmental proceeding dismissed him for misconduct. He rais…

The appellants, Budh Singh and five others, were charged with murdering Ram Gopal and his wife Chatarvati and attempting to murder their son Rajveer Singh over a land dispute. The prosecution’s case relied on an FIR lodged at 00:25 on 13 April 1992, which reached the court on 18 April, and on medical and eyewitness evi…

The State of Uttar Pradesh introduced a policy requiring distilleries to affix security holograms on liquor containers and, through a series of circulars, presumed that any hologram not produced before an Authorized Committee was lost and that the distillery must pay excise duty on the notional liquor that could have b…

The petitioners, father and half‑brothers, entered into a "Minutes of Consent Order" that settled a series of family and corporate disputes and was incorporated into a court decree. The respondents later allegedly breached specific clauses of that consent order concerning the control of a company. The petitioners filed…

An FIR was lodged alleging offences under Sections 341, 323 and 435 IPC. Police investigation found that two women, Minu Kumari and Runjhun Kumari, were not involved and submitted a charge sheet only against two men. The Chief Judicial Magistrate, however, took cognizance and issued summons against all accused, includi…

The Indian company Bindal Agro Chem Ltd. invited bids for equipment and, after negotiations, agreed to modify its General Conditions of Purchase (which contained an arbitration clause) with Dresser Rand SA. The parties exchanged a revised set of conditions on 10 June 1991 and subsequently issued Letters of Intent on 12…

The Supreme Court examined the disqualification of six independent MLAs and two lone party MLAs by the Haryana Assembly Speaker under the Tenth Schedule's anti‑defection provisions. The petitioners claimed violation of natural‑justice principles, alleged the Speaker acted malafide, and argued that paragraph 3 of the Te…

The contractor, Ramnath International Construction, was awarded two government contracts for a hangar and road works, but failed to complete them within the stipulated time. The employer granted several extensions before terminating the contracts, after which the contractor claimed compensation for extra costs and loss…

The Supreme Court examined the status of employees transferred from State departments to Gram Panchayats under the amended U.P. Panchayat Raj Act, 1947. It held that the transfer under Section 25 was a deputation, not a permanent transfer, and that the employees retained a lien with their parent departments. Consequent…

The Water Resources Department of Orissa invited tenders for two stretches of a canal project. The lowest bidder, Narayan Mohanty, furnished an Earnest Money Deposit (EMD) by pledging a postal term‑deposit passbook of Rs 1,70,000, which was later alleged to be forged. The tender committee, relying on a communication fr…

The plaintiff filed a partition suit claiming a half‑share in the ancestral properties of her father Fakirappa, who died leaving two daughters. The husband of the other daughter (Defendant No.1) contended that he was the adopted son of Fakirappa and that the suit‑house property (item 3 of the schedule) was his self‑acq…

The Supreme Court examined multiple appeals concerning the allocation of chromite mining leases in Orissa. The State Government had recommended, under Section 17A(2) of the Mines and Minerals (Regulation and Development) Act, 1957, that a block of 436.295 hectares be reserved for exploitation by the state‑controlled Or…

The appellant, a public trust, had constructed a Jain temple on a plot that was originally part of a larger property with an easement for access. A tenant of the adjoining chawl (respondent No. I) complained that the temple was built without municipal permission and sought demolition. The Municipal Corporation issued a…

The State Bank of India (bank) had granted a term loan and a cash‑credit facility to M/s. Ranjan Chemicals Ltd. (company). The company defaulted, prompting the bank to file an application before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 for recovery o…

The appellant, Trimukh Maroti Kirkan, was married to Revata, who repeatedly complained of physical abuse and denial of food because her parents could not meet a dowry demand of Rs.25,000. Revata died under circumstances initially reported as a snake bite, but a post‑mortem revealed death by asphyxiation due to strangul…

Jasbir Singh, an under‑trial accused, applied for bail before the Sessions Judge. During a routine inspection of the district jail, the Administrative (Inspecting) Judge of the Punjab & Haryana High Court received the bail application and directed the Sessions Judge to grant bail, which was done. A complaint alleging m…

The respondents K.S. Narayan purchased land in 1985 after the Bangalore Development Authority (BDA) had issued a notification for acquisition under the Bangalore Development Authority Act, 1976. They filed civil suits seeking injunctions against the BDA, claiming that no notice under Section 17(5) of the Act had been s…

The State of Haryana advertised vacancies for Unani Dispenser posts, specifying qualifications that included a 'Unani Dispenser' or 'Up-Vaidya' from a recognized institution, along with matriculation and language requirements. Two candidates holding a Bachelor of Unani Medicine and Surgery (BUMS) degree applied, were s…

The petitioners, sons of murder victims, challenged the Governor of Andhra Pradesh’s order granting remission of the unserved portion of a ten‑year rigorous imprisonment sentence imposed on respondent No.2 for murder. They argued that the remission was granted on irrelevant and extraneous material, without proper appli…

The appellant, Mis. Balkrishna Hatcheries, sold dressed chicken in polythene bags that were closed by stapling, crimping, or a rubber band. The Karnataka Sales Tax Act, 1957 exempts meat sold in non‑sealed containers, but imposes tax on meat sold in sealed containers. The issue was whether such bags constitute "sealed …

Mis Baraka Overseas Traders obtained three advance licences for exporting fresh frozen seafood under the EXIM Policy 1997‑2002. After fulfilling export obligations it applied for endorsement of transferability, which the Director General of Foreign Trade (DGFT) refused on the ground that the licences were wrongly place…

The respondent, a railway employee, challenged his discharge by filing a writ petition in the Gujarat High Court. The Single Judge issued an interim order reinstating him pending disposal of the petition, but later dismissed the writ petition, expressly stating that the interim relief stood vacated. A review was dismis…

The Supreme Court examined a municipal election in Anand where two independent councillors were arrested minutes before the election of the President, preventing them from voting. The presiding officer, aware of the arrests, proceeded with the election, resulting in a tie and a draw of lots that declared the appellant …

The landlord filed an eviction petition against the tenant for willful non‑payment of rent from March 1990 to July 1997 and alleged sub‑letting and demolition. Under Section 11 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 the Rent Controller ordered the tenant to deposit all admitted arrears in Court …

Reliance Industries Ltd., a PTA manufacturer with a captive power plant, challenged the Designated Authority’s (DA) anti‑dumping duty order which imposed duty only on imports from Spain. The appellant argued that the DA wrongly computed the Non‑Injurious Price (NIP) by using the actual cost of captive electricity rathe…

The case involved Dr. Kamal Kumar Dutta, a major shareholder of Ruby General Hospital Ltd., who alleged that the company’s board, led by his younger brother, fabricated board resolutions, denied him shares for equipment supplied, and ousted him as managing director, constituting oppression and mismanagement under Secti…

The original owner of 119 acres filed a joint declaration under the Urban Land (Ceiling and Regulation) Act, 1976 for himself, his wife and three sons, while two daughters filed separate declarations claiming land allotted to them under a family "Pasupu Kumkuma" arrangement. The competent authority prepared a draft sta…

The respondent, a manager in State Bank of India, was found to have introduced two individuals and facilitated the opening of a current account, issuance of term deposit receipts (TDRs) and overdraft facilities in their names, allegedly for personal gain and in violation of bank rules. A departmental inquiry by the Cen…

The landlords filed a suit for possession of a Delhi flat against the tenant. After years of adjournments, the tenant’s counsel recorded on oath a statement that the tenant would vacate the premises by 22‑Jan‑2002 and pay rent until then; the landlord’s counsel accepted the terms. The trial court entered a consent decr…

The appellant Pappu was convicted for the death of Mal Singh, who died after a lathi blow to the head during a sudden quarrel at a marriage function. The appellant argued that the incident fell within Exception 4 of Section 300 IPC, which would reduce the offence to culpable homicide not amounting to murder (Section 30…

The widow of a plant engineer who died of a heart attack at a thermal station claimed compensation under the Workmen's Compensation Act, 1923, alleging that the death resulted from stress and strain of his duties. The Commissioner awarded compensation, but the respondents appealed, arguing that the death was not caused…

The husband filed a divorce petition in the Family Court, Chennai, on fault grounds, while the wife filed a transfer petition in the Supreme Court under Section 25 of the Code of Civil Procedure seeking to move the case to the Family Court in Mumbai. During the hearing, both parties agreed that the marriage had irretri…

Mis. Jain Studios Ltd filed a review petition under Article 137 of the Constitution against an order dated 31 January 2006 in which the Chief Justice of India, acting under Section 11(6) of the Arbitration and Conciliation Act, 1996, appointed a sole arbitrator, Justice M.L. Pendse. The petitioner sought to have the or…

The petitioners, nine shareholders of Sayaji Industries Ltd., filed a Company Petition under Section 155 of the Companies Act seeking rectification of the register on the ground that the managing director, Bipin Mehta, had fraudulently used company funds to purchase its own shares, violating Section 77. The respondents…

Mis Associated Journals Ltd filed a winding‑up petition against Mysore Paper Mills Ltd, but the petition’s verification affidavit did not conform to Rule 21 of the Companies (Court) Rules, 1959. The Company Judge allowed the respondent to file a fresh affidavit to cure the defect, and the High Court upheld that order. …

The respondent, Ramdhara Indoliya, was employed as a daily‑wage conductor by the Rajasthan State Road Transport Corporation (RSRTC) and was terminated. He filed a suit in a civil court seeking reinstatement, back wages and other relief. The civil court and the High Court ruled in his favour, but RSRTC appealed to the S…

The Allahabad Development Authority (ADA) levied water, malwa, sub‑division, development and open‑space charges on property owners, which were challenged by Sabia Khan and others in writ petitions. The Allahabad High Court struck down the charges, holding them impermissible, without conducting a detailed factual analys…

Satya Narain Shukla, an IAS officer of the Uttar Pradesh cadre, challenged his non‑empanelment as Additional Secretary to the Government of India, contending that the Central Staffing Scheme (CSS) was unconstitutional, that its provisions were ultra vires Articles 309 and 312 of the Constitution, that the post constitu…

The case concerned Lower Division Clerks (LDCs) recruited in different districts of Kerala, some of whom were transferred on their own request to another district and placed below the junior‑most local LDCs. The dispute arose over whether the seniority of these transferred LDCs for promotion to Upper Division Clerk (UD…

The Development Credit Bank sought the Reserve Bank of India's (RBI) permission to write off Rs 120 crore of non‑performing assets (NPAs) from its reserves. The RBI approved the request, and a shareholder of the bank filed a writ petition alleging that the RBI acted ultra vires by not following the procedures prescribe…

The appellant Om Prakash was convicted of raping a married woman (the prosecutrix) in the veranda of a Zila Parishad near a court, after having come to the premises to help her husband obtain bail. The victim’s testimony, corroborated by an eye‑witness (her brother‑in‑law) and medical examination, led the trial court t…

The complainant, Umesh Kumar Singh, alleged that the appellants, Ram Biraji Devi and another, accepted part payment for a plot of land but later refused to transfer it, leading him to file a criminal complaint under IPC sections 406, 419, 420 and 120B. The Judicial Magistrate took cognizance of the offences, and the ap…

Quinn India Ltd manufactured a product called Penetrator 4893, originally classified under tariff item 68 and later under 3801.19. In 1986 the company re‑classified it under heading 3402.90 as a wetting (surface‑active) agent, relying on reports from a Chemical Examiner and the Chief Chemist of the Central Revenue Cont…

The Union Government launched a rehabilitation scheme for disabled persons, establishing District Rehabilitation Centres in several states and employing workers on state pay scales. The workers filed petitions before the Central Administrative Tribunal (CAT) claiming they were Central Government employees and sought th…

Bhogpur Co‑op Sugar Mills Ltd, a seasonal sugar mill, hired Harmesh Kumar as a daily‑wage seasonal worker and later terminated his services at the end of the season. Kumar raised an industrial dispute under the Industrial Disputes Act, 1947, and the State referred the matter to the Labour Court under Section 10(1)(c). …

Prabha D. Kanan, an air hostess promoted to Deputy Manager at Indian Airlines Ltd., was arrested in 2002 for allegedly carrying undeclared foreign currency and her services were terminated on 9 August 2002 under Regulation 13 of the Indian Airlines (Flying Crew) Service Regulations, which allows discharge without enqui…

The respondent, Zandu Pharmaceutical Works Ltd., manufactured a hair oil called "Alma Lio" and initially classified it as an Ayurvedic medicament under SH 3003.39 of the Central Excise Tariff Act, 1985. The Commissioner of Central Excise issued a show‑cause notice alleging that the product should be classified as a cos…

Jaswant Singh Gill, a chief general manager of Bharat Coking Coal Ltd., faced departmental proceedings for alleged shortage of coal. While the disciplinary inquiry was pending, he retired and applied for gratuity under the Payment of Gratuity Act, 1972, which was denied on the ground that his gratuity was forfeited by …

The case arose from a politically motivated attack in 1995 in which Basavarajaiah was killed and four others were injured. Twenty‑three persons were tried; the trial court convicted several under Section 302 IPC read with Section 149, while others were acquitted. The High Court affirmed the murder convictions of A‑1 an…

The respondent, V. Lakshminarayanan, joined National Small Industries Corp. Ltd. as a casual labourer in 1987 and was later appointed as an apprentice trainee (shop assistant) on 26 April 1990 for a two‑year training period. He was removed from service on 1 May 1992. The Labour Court held he was a workman under the Ind…

The appellant and several others were appointed as assistants in a private engineering college under the Bihar Private Engineering College Control Act, 1990. The appellant was ranked 20th in the merit list, while respondent No.8 was ranked 43rd, but the respondent joined two days earlier. The State, invoking Sections 5…

The Chief Engineer of B.P.D.P./R.E.O., Ranchi appealed against a High Court order that dismissed its arbitration appeal as non‑maintainable. The appeal concerned whether an order setting aside or refusing to set aside an arbitral award falls within Section 37(1)(b) of the Arbitration and Conciliation Act, 1996. The Hig…

The State of Uttarakhand appealed against the High Court’s order granting bail to Rajesh Kumar Gupta, an Ayurvedacharya who was arrested for allegedly dispensing unlabelled tablets containing psychotropic substances such as phenobarbitone and chlorodiazepoxide, claimed to be herbal cures for epilepsy. Seizure of about …

The State of Andhra Pradesh alleged a large‑scale fraud in the award of compensation under the Land Acquisition Act and sought a criminal inquiry under Section 340 of the CrPC. A District Judge conducted the inquiry, but the High Court held that the Subordinate Judge appointed under the Act was not subordinate to the D…

Mohan Raj, then Superintendent of Police in Assam, was charged in a complaint for the killing of alleged extremists during ethnic violence in 1983. Under the Assam Amendment Act, 1983, the court was required to refer the matter to the State Government, which issued a certificate on 20‑Nov‑1985 stating that the police a…

Amrit Singh was convicted of raping and murdering a 7‑8‑year‑old girl, Rajpreet Kaur, whose body was found bleeding profusely in his cotton field. The trial court and High Court sentenced him to death under IPC Sections 376 and 302, relying primarily on the "last seen together" testimony and circumstantial evidence. On…

Gangadhar Pillai was engaged by Siemens Ltd. on a series of temporary contracts for project work from 1978 to 2000, each appointment ending when the specific project was completed. She claimed that the employer’s practice of repeatedly hiring her as a temporary worker for over two decades amounted to an unfair labour p…

The Supreme Court considered a batch of appeals filed by the Uttar Pradesh Jal Nigam against High Court orders that had allowed retired employees, who had retired at the statutory age of 58, to continue service up to 60 years and claim two years' salary. The Court noted that a prior decision (Harwindra Kumar v. Chief E…

M.P. Mohla, a veterinary surgeon employed by the State of Haryana, claimed entitlement to a higher promotional pay scale under the Haryana Civil Services (Revised Pay) Rules, 1998 and the Assured Career Progression (ACP) Rules, 1998. The High Court allowed his writ petition, granting the higher pay, but the State’s Spe…

The deceased, a cleaner employed in a milk‑transport truck, suffered a sudden heart attack and died while alighting from the vehicle. His mother filed a claim under the Workmen's Compensation Act, 1923, alleging the death occurred in the course of employment. The Commissioner allowed the claim without any evidence that…

MIS Srinivasa Rice Mill was brought under the Employees' State Insurance Act, 1948 on 1 August 2000. The ESIC had inspected the mill before that date and, based on the inspection, issued a show‑cause notice under section 85(g) threatening criminal prosecution for failure to pay contributions. The mill challenged the no…

The driver Shivaji was removed from service after a domestic inquiry that alleged he intentionally drove into a privately installed barrier, injuring a passenger. The Labour Court held the inquiry invalid but later found him guilty of serious misconduct and ordered termination. The High Court, finding no evidence of in…

The Shahabad Cooperative Sugar Mills Ltd., a cooperative society, dismissed its Chief Accounts Officer (respondent No.3) on misconduct charges after an ex parte enquiry. The employee appealed the dismissal to the Registrar under the Punjab Co‑operative Societies Act, 1961, which was dismissed, and then filed a revision…

The appellant, Mis. Pandey & Co. Builders Pvt. Ltd., entered into a contract for canal repair work that contained an arbitration clause. Disputes arose and the appellant invoked arbitration, but the named arbitrator (the Superintending Engineer) retired and his successor delayed the proceedings. The Irrigation Departme…

The appellants, who were Class III basic health workers, were promoted to clerk posts in 1992. An audit later held the promotions illegal because Class III employees belong to a technical cadre and cannot be promoted to non‑technical clerk positions, and the promotions violated statutory quota, reservation policy, and …

The petitioners, former Army Medical, Dental and Veterinary officers who retired before 1 January 1996, challenged the Ministry of Defence’s clarification circular dated 11 September 2001 which excluded the non‑practising allowance (NPA) from the "minimum pay" used to step‑up pensions under the earlier circular of 7 Ju…

The Central Bureau of Investigation (CBI) registered an FIR under the Delhi Special Police Establishment Act, 1946 against an IAS officer. The respondent filed a petition under Section 482 of the Code of Criminal Procedure seeking quashment of the FIR, alleging that the State of Rajasthan had withdrawn its consent for …

Ibrahim Nazeer was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) after customs seized electronic goods from his baggage at Chennai airport. His wife filed a habeas corpus petition challenging the detention, arguing that the detaining authori…

The respondent, a peon in the Director, Town Planning, Maharashtra, was terminated for misconduct by an order that dispensed with a departmental inquiry under Article 311(2) of the Constitution, citing reasons for doing so. The respondent challenged the termination, arguing that the reasons were recorded only after the…

The respondent, a former member of the Armed Forces discharged on 13 June 1967, was appointed to a civil post in 1972 and claimed a pension under Rule 4(iii) of the Punjab Government National Emergency (Concession) Rules, 1965. The State argued that the gap of more than three years between discharge and appointment dis…

The Supreme Court had earlier ordered the closure of all un‑licensed saw‑mills, veneer and plywood units and barred any State from permitting their reopening without prior approval of the Central Empowered Committee (CEC). Despite this, the Principal Secretary of the Maharashtra Forest Department and the Minister in ch…

USB AG issued an irrevocable Letter of Credit in favour of a beneficiary for the import of tin ingots. The beneficiary presented documents and USB AG paid the amount on 6 April 1998. Later, State Bank of Patiala (the issuing bank) learned that the beneficiary and its associated firms were involved in fraud and, on 3 Fe…

G.M. Tank, a Gujarat government servant, filed annual property returns that the department deemed disproportionate to his known income. The Anti‑Corruption Bureau investigated, filed a charge sheet alleging illegal accumulation of wealth, and a departmental enquiry found him guilty, resulting in his dismissal. The same…

The appellant Lok Ram was not originally named as an accused in a dowry‑death case in which his sons were convicted. The complainant applied under Section 319 of the Code of Criminal Procedure to summon Lok Ram as an accused; the trial court rejected the application on the ground that the complainant was an interested …

The petitioners challenged the Central Empowered Committee’s (CEC) recommendations to demolish fish‑tanks (bunds) constructed inside Kolleru Lake Wildlife Sanctuary and to prohibit the use or transport of inputs for pisciculture, arguing that demolition could only follow acquisition of private lands and that the bunds …

Nanya Imports & Exports Enterprises, a partnership dealing in leather‑footwear materials, imported PU‑coated leather fabrics intended for use as insoles and midsoles. The goods were supplied in 50‑metre lengths and rolled for safe transport, but the Customs authority denied the exemption under Notification No. 20/99, c…

The Supreme Court examined a public‑interest litigation filed by Deepak Agarwal challenging the lease of about 15 hectares of land to Maruti Clean Coal and Power Ltd for a coal‑washery, alleging that the land was forest land under the Forest (Conservation) Act, 1980. The Court first assessed the applicant's locus stand…

The case concerned employees of the Karnataka Commercial Taxes Department who had been engaged on daily‑wage contracts since 1985‑86 and claimed, after more than ten years of service, that they were entitled to regularisation and the benefits of regular employees. The High Court had ordered that they receive wages equa…

Syndicate Bank extended various credit facilities to Gadag Forge Fits (India) Pvt Ltd. The company’s directors executed personal continuing guarantees payable on demand. When the company’s accounts became dormant in mid‑1986, the Bank sent a demand letter on 12 Oct 1987 and a formal notice on 17 Dec 1987, to which the …

The appellant sought to set aside a Kerala High Court order that granted police protection to the first respondent, who claimed to be the head of a religious trust. The High Court had determined the respondent's entitlement to the office, a question that was already pending before a civil court. The Supreme Court held …

The Supreme Court examined whether the doctrine of promissory estoppel can operate against a State's legislative action granting sales‑tax exemption under Haryana's industrial policy. Mahabir Vegetable Oils and other appellants had invested heavily in solvent‑extraction plants based on Rule 28A, which initially exclude…

The Society obtained a 1987 compromise decree granting it possession of a parcel of land. The second respondent later challenged that decree and sold the land to the appellant, who obtained a decree for specific performance in 2003 and was handed possession by a senior bailiff under Order 21 Rule 35 CPC. The Society co…

The Indian Overseas Bank employed about 767 jewel appraisers on a commission basis and the bank's employees' union claimed they were part‑time workmen under the Industrial Disputes Act, 1947. The Industrial Tribunal, relying on a prior Indian Bank decision, held them to be workmen, a view affirmed by the Madras High Co…

Rajinder Arora, an export‑house industrialist, was raided by the Directorate of Revenue Intelligence on 26 May 2004 and detained, during which he alleged torture and coerced statements under Section 108 of the Customs Act. No prosecution was filed within the statutory 60‑day period, no show‑cause notice was issued, and…

Duncan Industries Ltd. and its associate challenged the Union of India’s Retention Price Scheme, which determines fertilizer subsidies, alleging that the scheme was a statutory entitlement that could not be retrospectively altered to their detriment. The Supreme Court held that the scheme is merely an administrative or…

The appellant, Orix Auto Finance, repossessed a truck from the respondent hirer after the latter defaulted on instalment payments under a hire‑purchase agreement containing a clause allowing repossession on default. The hirer filed a suit for declaration, permanent and mandatory injunction, and an interim order directi…

The appellant, an independent contractor, entered into an item‑rate construction contract with the State of Kerala and claimed Rs. 2,00,000 for work done, paying court‑fee on that amount. The trial court decreed the suit for the claimed sum, finding the State had breached the contract by delaying material supply, level…

The accused, Devendra Nath Rai, while on quarter‑guard duty, refused to let three army personnel in civilian attire make a "lights out" entry, claimed they were terrorists, and opened fire, killing two soldiers and grievously injuring two others. He was tried by a General Court Martial under the Army Act and sentenced …

The Union of India filed a civil contempt petition alleging non‑compliance with directions given in a writ judgment against Subedar Devassy. The Madhya Pradesh High Court dismissed the contempt proceeding, finding no contempt, but thereafter issued additional directions, which the Union challenged before the Supreme Co…

The appellants were charged in an FIR for alleged misappropriation of stock, which they claimed was essentially a civil dispute under arbitration. The Punjab and Haryana High Court granted interim protection under Section 438 of the CrPC, conditioning it on the deposit of Rs 10 lakh with the complainant. The appellants…

The State of Kerala appealed the Kerala High Court’s acquittal of Kurissum Moottil Antony, who had been convicted under Sections 377 and 451 IPC for committing an unnatural offence on a ten‑year‑old girl. The High Court set aside the conviction on the ground that the victim’s testimony was not corroborated and that a r…

Jagannath Amin's mother filed a suit for partition of scheduled agricultural land, claiming she was a co‑owner and therefore in constructive possession of the property. The plaintiff argued that court fees should be computed under Section 35(2) of the Karnataka Court Fee and Suit Valuation Act, 1958, i.e., on the deeme…

Indian Airlines Limited filed a transfer petition under Article 139-A(2) of the Constitution seeking to move a writ petition pending in the Madras High Court to the Delhi High Court, arguing that several other writ petitions involving identical issues were already pending there. The respondent argued that the transfer …

Orient Paper & Industries Ltd., a paper manufacturer, brought bamboo— a notified agricultural produce—into the Madhya Pradesh market area as raw material for paper production. The Market Committee levied a market fee under Section 19(1)(ii) of the M.P. Krishi Upaj Mandi Adhiniyam, 1972, claiming the bamboo was brought …

The case concerned the murder of Harbhajan Kaur, who died from burn injuries allegedly inflicted by members of her in‑law family. The prosecution’s case rested on two dying declarations made by the deceased, which contained inconsistencies regarding the roles of various accused. The Supreme Court examined the reliabili…

A. Parthiban, a public servant, was convicted for demanding and receiving illegal gratification, an act that attracted charges under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. The trial court sentenced him to six months' rigorous imprisonment with a fine of Rs.500 and one year’s …

Kailash was convicted under Sections 304B (dowry death) and 498A (dowry harassment) of the IPC for the death of his wife, whose body was found in a well, indicating death "otherwise than under normal circumstances." The trial court sentenced him to ten years for the 304B offence, with no separate sentence for 498A, and…

The appellant, the mother of a detainee, challenged his preventive detention on three grounds: alleged delay in disposing of his representation, the detaining authority's inference that he might be released on bail despite no bail application, and the non‑supply of a co‑accused's confessional statement that was referen…

The appellant, a clerk‑cum‑cashier of Rewa Sidhi Gramin Bank, challenged the promotion of his juniors, arguing that the bank's promotion policy violated the seniority‑cum‑merit requirement under the Regional Rural Banks (Appointment & Promotion of Officers and other Employees) Rules, 1988. The High Court had earlier qu…

The Commissioner of Central Excise & Customs appealed against a tribunal order that held M/s Bell Granito Ceramica Ltd.'s polished ceramic tiles were not "glazed" and therefore not liable for differential excise duty. The assessee manufactures both polished (glossy) and unpolished tiles, initially classified under tari…

The appeal concerned the classification of imported 'Motion Capture Animation Files' and whether they qualified for customs duty exemption under Customs Notification No.20/99-Cus as 'information technology software'. The respondent imported the files, valued at Rs. 7.02 crore, and claimed exemption, but the assessing a…

Centrotrade Minerals & Metal Inc. and Hindustan Copper Ltd. entered into a contract containing a clause that provided for arbitration in India and, if either party was dissatisfied, a second arbitration in London whose award would be binding. The Indian arbitrator issued a NIL award, after which Centrotrade invoked the…

The Central Excise Tribunal held that Lifelong Appliances Ltd. had complied with the requirement of not availing MODVAT credit on inputs used in the manufacture of goods that are exempt from excise duty. Accordingly, the Tribunal found the case to be covered by Rule 57-CC of the Central Excise Rules, 1944 and the prece…

Hasan Ali Raihany, born in India to Iranian parents, was deported in October 2005 without being told the reasons. He later obtained a Single Entry Permit from the Indian Embassy in Tehran and re‑entered India, but was repeatedly summoned to the Kurla Police Station and feared further deportation without due process. He…

The appellant, a senior police inspector, was charged under the Maharashtra Control of Organised Crime Act (MCOCA) for allegedly facilitating a counterfeit stamp syndicate by failing to seal the printing press and arrest its kingpin, Telgi. The Special Judge and the High Court denied his bail, invoking Section 21(4)(b)…

Chenna Boyanna Krishna Yadav, a former minister and advocate, was charged under the Maharashtra Control of Organised Crime Act (MCOCA) for allegedly abetting Abdul Karim Telgi's counterfeit stamp syndicate. The High Court rejected his bail applications, relying on a recorded conversation between Yadav and Telgi as prim…

The appellants, Dharam, Raj Singh and Raj Kumar, along with two others, attacked the deceased Partap Singh and his family in the latter's fields using lethal weapons, resulting in the death of Partap Singh. The appellants pleaded private (self) defence, claiming they acted to protect themselves when the deceased allege…

M/s Kiran Combers & Spinners held a fire policy with an endorsement for flood covering its building, machinery and stock. In July 1993 heavy floods caused the building to collapse, allegedly due to subsidence of the land. United India Insurance repudiated the claim, relying on a surveyor’s report that subsidence was no…

HCG Stock & Share Brokers Ltd, the appellant, claimed a sum due from Gaggar Suresh, the respondent, and sought arbitration under the National Stock Exchange of India Limited (NSE) Bye‑laws. The respondent objected, arguing that the claim was barred by the six‑month limitation period prescribed in the Bye‑laws, which ru…

The appellant, a defeated candidate in a Himachal Pradesh Legislative Assembly election, filed an election petition alleging several irregularities including votes cast by dead persons, double voting, voting in multiple constituencies, and double postal ballots, which he claimed materially affected the result. The High…

Sathi Vijay Kumar, a losing candidate in the 2002 Punjab Assembly election, filed an election petition alleging that the returned candidate, Tota Singh, had committed corrupt practices, including the wrongful deletion of 586 voters' names and the assistance of a gazetted officer. The High Court dismissed several paragr…

The appellant, Sanjay Verma, filed a suit for specific performance of a contract concerning a property in 1991. During the suit's pendency, the property was transferred to the respondents, Manik Roy and Ahilya Jha, without obtaining the court's permission. The respondents sought to be impleaded under Order I Rule 10(2)…

The appellant filed a second appeal before the Punjab and Haryana High Court, but due to unforeseen circumstances—retirement and death of counsel—no representative appeared on the scheduled date. Despite the appellant's non‑appearance, the High Court proceeded to decide the appeal on its merits and dismissed it. The ap…

The petitioners sought to amend their written statement in a civil suit after the trial had already begun, invoking Order VI Rule 17 of the CPC. The Supreme Court examined whether the amendment was permissible under the proviso to that rule, which bars amendments after trial commencement unless the party shows lack of …

Sheela Rani was engaged as a casual worker on 17 November 1982 to note complaints in an enquiry office. She sought regularisation of her post with retrospective effect from that date, invoking directions of the Administrative Tribunal. The Tribunal ordered her regularisation retrospectively, but the Delhi High Court di…

Rochem Separation Systems (I) Pvt. Ltd. (appellant) submitted original and supplementary bids for a defence tender but was rejected because it failed to provide an un‑priced price format. The tendering authority (Respondent No.1) subsequently awarded the contract to Respondent No.4, allowing it to amend its original of…

Sita Devi applied for a flat under the Bihar State Housing Board's self‑financing scheme and paid a total of Rs.1,71,876 in 1994. The flat was not constructed within the stipulated or a reasonable period, and she sought a refund in October 1996; the Board cancelled her allotment in January 1997 and later issued a chequ…

The Industrial Investment Bank of India (IIB) advanced money to a second defendant, secured by a hypothecation and charge created by the plaintiff, Marshal's Power & Telecom (I) Ltd. The plaintiff filed a suit seeking a mandatory injunction to prevent interference with capacitor banks installed for APTRANSCO and also a…

The State of Assam invited tenders under Rule 91 of the Assam Excise Rules, 1945 for the exclusive supply of potable alcohol to its excise warehouse, specifying that the contract would be awarded to a tenderer within a "viable range" determined by the Excise Commissioner. Five tenders were considered; the Commissioner …

The owners of a plot of land (Hotel Kings) leased the land to a company which assigned the lease to Yashdhir Hotels. The lease deed expressly required monthly rent, but the lessee argued that rent was payable every six months because rates and taxes, payable by the lessee, formed part of the rent. The trial court held …

The appellants, Shiv Anna and others, were convicted for the murder of Mahadevappa and related offences arising from a land‑dispute in which they entered the disputed field and assaulted the deceased and his relatives, resulting in Mahadevappa's death. The appellants appealed, claiming that they acted in private defenc…

A nine‑year‑old child was killed by a truck insured by New India Assurance. The claimants filed a petition under Section 166 of the Motor Vehicles Act, 1988 and the Motor Accidents Claims Tribunal (MACT) awarded Rs 4,45,000 as compensation, calculating a notional income of Rs 30,000 per annum and applying a multiplier …

The appellant bank had given jewellery loans and the pledged gold ornaments were stolen. The bank convened a meeting of over 400 borrowers and resolved to pay the value of the stolen gold at Rs.410 per gram with no interest, a rate accepted by all borrowers except the complainant, who demanded Rs.573 per gram and filed…

The respondent, N.K. Singh, an Assistant Store Keeper, was found to have occupied company quarters without permission and assaulted the Town Warden during the execution of an eviction decree, leading to an FIR under IPC sections 311, 307 and 34. A domestic inquiry under the company's standing orders concluded that Sing…

The Dewas Shajapur Kshetriya Gramin Bank issued a promotion policy for Junior Management Grade I officers, stating that promotion to Middle Management II would be on a seniority‑cum‑merit basis, with a circular prescribing a minimum of 45 marks out of 100 for selection. Ten officers challenged the policy, alleging that…

Ralla Singh, a Hindu male, executed a will bequeathing his self‑acquired property to his wife Isher Kaur for life, with a restriction that she could not alienate the property and that after her death the two nephews would inherit. After Ralla's death, Isher Kaur gifted the property to a Gurdwara, which the nephews chal…

Sneh Enterprises imported lead‑acid batteries from Taiwan, which landed in Mumbai on 16‑April‑2002 and were trans‑shipped to Delhi where the Bill of Entry was filed on 22‑May‑2002. On the same day the Central Government issued a notification under Section 9A of the Customs Tariff Act, 1975 imposing an anti‑dumping duty…

Surendra Prasad Tiwari was engaged by the Uttar Pradesh Rajya Krishi Utpadan Mandi Parishad on a series of short‑term contractual appointments between 1989 and 1991, each with an automatic termination clause. After the last contract expired, his services were continued for about 14 years under an interim stay order of …

M/s. Paniha​ti Rubber Ltd., a manufacturer of hose pipes supplied to Indian Railways, paid central excise duty under protest after the goods were classified under sub‑heading 4009.92 despite its claim that they should fall under 4009.99 with nil duty. The company sought a refund of the duty paid, but the excise authori…

The respondents were engaged on daily wages by the State of Madhya Pradesh without any advertisement, vacancy notification, or sanction of a post, violating the statutory recruitment rules. They sought regularisation and payment of the minimum pay scale of the post they were working in, which the State Tribunal directe…

Arun Nivalaji More, a licensed commission vendor at a railway catering unit, had his licence cancelled by the Divisional Commercial Superintendent. In retaliation he entered the superintendent's office and stabbed him with a knife, causing fatal injuries. The victim gave multiple dying declarations identifying More as …

The State of Jharkhand, adopting the Bihar (Scheduled Castes, Scheduled Tribes and Backward Classes) Reservation Act, 1992, initially provided 73% reservation for government jobs and professional courses, allocating 18% to Extremely Backward Classes (EBC) and 9% to Backward Classes (BC). The High Court, as an interim m…

Rastriya Spat Nigam Ltd. entered into a consignment agency contract with Verma Transport Company that contained an arbitration clause. The appellant terminated the contract and issued a show‑cause notice to blacklist the respondent. The respondent filed a suit for a permanent injunction against termination and blacklis…

The Punjab Sales Tax Department seized a hard disk containing the dealer's books and documents under Section 14(3) of the Punjab General Sales Tax Act, 1948. The dealer failed to cooperate, and the High Court ordered the return of the seized material and imposed personal costs on the officers. On appeal, the Supreme Co…

The Okkiam Thoraipakkam Gram Panchayat resolved to build a shopping complex on a disused temple tank to resettle families displaced by a highway expansion, and the Tamil Nadu Government issued a GO permitting the construction. Ms. Susetha filed a writ petition alleging that the tank, as a water body, must be preserved …

The appellant, Anand Regional Co‑op Oil Seeds Growers Union Ltd., dismissed Shailesh Kumar Harshadbhai Shah, an Assistant Executive in its Quality Control Department, for alleged misconduct. Shah challenged the dismissal, contending that he was not a "workman" under Section 2(s) of the Industrial Disputes Act, 1947, an…

The Municipal Council of Samrala appointed Sukhwinder Kaur as a clerk on a contractual, temporary basis, expressly stating that the Executive Officer could dismiss her without notice. She was appointed and terminated three times within eighteen months. The Labour Court held that her dismissal violated Section 25F of th…

The respondent, Aswini Kumar Baliarsingh, was appointed as an Assistant Teacher but the Inspector of Schools initially refused to approve the appointment. A writ petition before the High Court on 3 September 1997 directed the Inspector to approve the appointment, which was carried out on 19 February 1999. The responden…

Ashok Kumar Sahu, an IPS officer on suspension after completing 20 years of service, applied for voluntary retirement under Rule 16(2A) of the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. The Central Government referred the matter to the Joint Cadre Authority, which approved the retirement, and a not…

The Supreme Court examined claims by State Bank of India and other banks for compensation under the Sick Textile Undertakings (Nationalisation) Act, 1974 after the management of a sick textile mill was taken over by an authorised controller under the Industries (Development and Regulation) Act, 1951. The banks sought p…

Respondent No.1 (Sudip Charan Chakraborty) applied to the West Bengal Administrative Tribunal for appointment as Professor and to set aside Dr. Dilip Karmakar's appointment. The Tribunal partially allowed the application, setting aside Dr. Karmakar but holding the applicant's claim for professorship untenable. The appl…

The respondents were appointed as Assistant Computer Instructors on a purely temporary basis under a Community Polytechnics project funded by the Ministry of Human Resource Development. No vacancy had been advertised, nor was the post notified to the Employment Exchange, and the appointments were not made in accordance…

The Hotel and Restaurant Karamchari Sangh filed a complaint under the Uttar Pradesh Industrial Peace (Timely Payment of Wages) Act, 1978 seeking recovery of wages exceeding Rs 60,000 from Gulmarg Hotel. The employer later paid part of the amount, reducing the outstanding sum to below Rs 50,000 and argued that the Labou…

Petitioner Jaya Bachchan, a Rajya Sabha member, was appointed Chairperson of the Uttar Pradesh Film Development Council with the rank of Cabinet Minister and a suite of benefits including honorarium, allowances, staff car, and accommodation. The Election Commission held that this post constituted an office of profit un…

The Jammu & Kashmir Power Development Department recruited Junior Engineers (Electrical) under its 1981 Service Rules, which required either a degree or a diploma and made no distinction between the two at the recruitment stage. Unsuccessful degree‑holder candidates challenged the selection list, but the High Court Sin…

S. Narayana, a senior assistant, was promoted and later appointed temporarily as an Extension Officer in the Andhra Pradesh Panchayati Raj Service. His services were regularised in the Extension Officer post, and his lien on the senior assistant post was terminated on the ground that he was not confirmed in that post. …

The case arose from a dispute over a right of way granted in a 1950 partition deed among five brothers. The plaintiff (appellant) bought one brother's share and sought a permanent injunction to prevent the defendant (respondent), the widow of another brother, from obstructing his property with a compound wall. The tria…

The Kolkata Port Trust had leased premises to Das Reprographics Ltd. for 29 years, with a clause allowing renewal if notice was given and the lessee complied with covenants. The company went into liquidation in 1992, having defaulted on rent and taxes, and the lease terminated as per the deed. The assets of the liquida…

In a communal violence case in Gujarat, the trial court acquitted the accused after several witnesses, including Zahira Habibullah Sheikh, turned hostile. Zahira later alleged intimidation and coercion before various bodies, prompting the Supreme Court to order a retrial in Maharashtra. During the retrial she publicly …

The case concerned the promotion of a police officer (Respondent No.5) to the IPS cadre while a criminal case against him was pending. A charge‑sheet had been filed on 1 July 2000, and the Government of India placed his name provisionally on the select list, subject to clearance of the case. The officer obtained a favo…

Mis. Puma Ayurvedic Herbal (P) Ltd., a licensed manufacturer of Ayurvedic medicines, challenged the classification of its products as cosmetics by the CEGAT, which attracted a higher excise duty. The Supreme Court applied the well‑settled "twin test"—the common‑parlance test and the Ayurvedic‑text‑book ingredients test…

The complainant Rajbir Singh lodged an FIR alleging that armed assailants fired at his father Hoti Lal, killing him and a Scheduled Caste girl, Pooja Kumari. During investigation, Akhilesh Chauhan (respondent No.2) was found to have received a rifle from one of the accused and fled the scene, leading the Special Judge …

In an industrial dispute, the Central Government Industrial Tribunal‑cum‑Labour Court awarded reinstatement, back wages and benefits to six casual workers in 1992. The Department filed an Original Application before the Central Administrative Tribunal (CAT) in 1993, which was later dismissed on the ground that, pursuan…

Udayani Ship Breakers Ltd. purchased a ship that had been imported by another Indian company for ship‑breaking. The ship was damaged after arrival in India and was sold to the appellant on an "as is where is" basis for a reduced price of Rs 12.01 crore, whereas the original import price was Rs 24.78 crore. The appellan…