Judgments of 2007

The landlady sought eviction of the tenants under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming she needed the premises to run tuition classes to augment her meagre pension. The prescribed authority rejected the application, but the appellate authority and t…

The appellant, a commission agent dealing in areca nuts, regularly advanced money to the respondent, a supplier, to ensure a steady supply of nuts, charging interest at 18% per annum. When the respondent failed to repay, the appellant sued for recovery. The respondent contended that the appellant was a money‑lender und…

The appellant, a blind man, applied for a Class‑III post in the Bulandshahr Judgeship in 1992 but was not selected. He filed a writ petition invoking the Uttar Pradesh Government Order dated 26‑08‑1993, which reserves 2% of posts for physically handicapped persons. The High Court initially ordered his appointment, whic…

Jaslok Hospital obtained a Customs Duty Exemption Certificate (CDEC) under para 2 of the 1988 Notification for importing equipment. The DGHS cancelled the CDEC on 14 November 2000 for failure to provide the free treatment stipulated in para 2. After three years, the hospital sought re‑categorisation under para 1, which…

The petitioners challenged the SEBI (Stock Brokers and Sub Brokers) Rules and Regulations, 1992 on the ground that they were not laid before both Houses of Parliament for the full thirty‑day period required by Section 31 of the Securities and Exchange Board of India Act, 1992, because the Houses were adjourned sine die…

Harbhajan Singh, a former Indian Army soldier who retired in 1987 and was drawing a defence pension, was re‑employed as a JBT teacher in the Punjab Education Department from 1994 to 2002. He applied for a civil‑service pension, arguing that his army service should be counted towards the ten‑year qualifying period requi…

Navneet Verma was appointed as an Accounts Executive on a temporary post in the Haryana Bureau of Public Enterprises (HBPE) in July 1993. In December 1994 his services were terminated on the ground that the post had been abolished. Verma contended that the abolition was a pretext to remove him due to personal grievance…

The Supreme Court examined the murder of Harnek Singh by four of his brothers, who attacked him with gandasas and a dang, leading to his death. The appellant, Mithu Singh, challenged his conviction under Section 302 read with Section 34 of the IPC, arguing that his injuries were not fatal, that there was an unreasonabl…

Ram Nayak, a workman of Ratna Sugar Mills, claimed that he was employed by the undertaking on the "appointed day" (24 April 1989) when the mill was vested in U.P. State Sugar Corporation under the U.P. Sugar Undertaking Acquisition Act, 1971. He was terminated by an oral order on 1 June 1990. The Labour Court held the …

The respondent, Mis. Sri Ganganagar Bottling Co., a small‑scale industrial (SSI) unit, manufactured aerated water and affixed the brand name "Citra" belonging to M/s Limca Flavours and Fragrances Ltd., which was also an SSI unit eligible for exemption under Notification No.1/93‑CE. The Revenue issued a show‑cause notic…

Aggarwal and Modi Enterprises Pvt. Ltd. occupied the Chanakya Cinema Complex under a licence that expired on 30 September 2000. The New Delhi Municipal Council (NDMC) sought vacant possession and intended to dispose of the property by public auction under Section 141(2) of the NDMC Act, 1994, to obtain the maximum poss…

The appellant filed a criminal revision petition which the Delhi High Court dismissed for default despite notice. The Supreme Court held that a criminal appeal or revision cannot be dismissed for default and must be decided on its merits with a reasoned order. It relied on Bani Singh v. State of U.P. and Parasuram Pate…

Mis Aurohill Global Commodities Ltd., a Cyprus‑based exporter, entered into a draft purchase order with Mis M.S.T.C. Ltd. for the sale of steel billets. The purchase order contained an arbitration clause mandating disputes be resolved in London under the rules of Great Britain and a jurisdiction clause conferring exclu…

The appellants, five men including Manik Das, were convicted of murder under IPC s.302 read with s.34 for assaulting Anil Das with spears, which led to his death. The prosecution relied on eye‑witness statements and a post‑mortem report that matched the witnesses' accounts, naming all five accused. The appellants conte…

A Judicial Magistrate complained that a police officer had used unwarranted language in his courtroom and sent the complaint to the Inspector General of Police, who directed a departmental inquiry. The Sub‑Divisional Police Officer (the appellant) conducted the inquiry, recorded statements of several witnesses and subm…

The complainant alleged that his son was murdered by the accused through a conspiracy, with the body allegedly cremated after a false death certificate. The police investigation culminated in a final report which the Chief Judicial Magistrate accepted, and later, on 12 April 2005, the magistrate took cognizance of the …

The appellant, Udaipur Phosphates Fertilizers Ltd., manufactured Single Super Phosphate (SSP) under the Government's Retention Price and Subsidy Scheme. It applied for re‑endorsement of its plant capacity under Press Note No. 9 (1988) based on actual production between April 1988 and March 1990. The Government approved…

The petitioners, a group of Andhra Pradesh pensioners, sought to have their pensions re‑fixed under Government Order No.87 dated 25 May 1998, which changed the basis of pension calculation to the last drawn salary. They argued that the revision should apply retroactively to their dates of retirement, even though they r…

Melton India, a manufacturer of metallised plastic films, held an eligibility certificate under Section 4-A of the U.P. Trade Tax Act. The assessing authority rejected its books of account and enhanced its turnover, citing a rise in electricity consumption while reported production fell over three assessment years. The…

The Supreme Court reviewed the conviction of Sellappan for beating the deceased Periasamy, who later died from head injuries. The key issue was whether the injury satisfied the test for murder under Section 300(3) of the IPC – i.e., being sufficient in the ordinary course of nature to cause death – or only "likely to c…

The appellants, Rajesh Ranjanyadav and Pappuyadav, had been in custody for over seven years facing serious charges and filed multiple bail applications in the High Court and Supreme Court. They sought bail on grounds of exemplary conduct, the death of their father, lack of incriminating evidence, trial delays, and a me…

The complainant, Prabhu Lal, claimed compensation from New India Assurance Co. Ltd. after his Tata 709 vehicle was damaged in a collision with a Roadways bus. The insurer contended that the vehicle was a "transport vehicle" and was being driven by the complainant's brother, Ram Narain, who held only a licence to drive …

The appellant, an officer of the Indian Railways, claimed promotion to Chief Commercial Manager, Senior Administrative Grade, on the basis that the Minister of Railways had initially approved his inclusion in the promotion panel. The Departmental Promotion Committee (DPC) later refused to recommend his name, and the Mi…

The respondent, a widow and co‑owner of a residential flat in Bangalore, filed an eviction petition under Section 27(2)(r) read with Section 31 of the Karnataka Rent Act, 1999, claiming the premises were dilapidated and needed demolition and reconstruction for her and her children’s use. The Small Causes Court dismisse…

In the 2003 Himachal Pradesh Legislative Assembly election for the SC‑reserved 35‑Gangath constituency, the respondent Bodh Raj was declared elected, claiming membership of the Scheduled Caste Lohar and supporting it with a caste certificate issued by an Executive Magistrate. The appellant Deshraj challenged the electi…

The police seized a truck owned by Kailash Chandra that was found carrying foreign liquor. The driver was convicted under Section 34 of the Madhya Pradesh Excise Act, 1915 and the trial court ordered confiscation of the truck under Section 46, holding that the owner had knowledge of the offence. The appellant argued th…

The deceased Dwarkabai disappeared while working in her field and her body was found days later. The appellant, Harishchandraladakuthange, had a prior dispute with her and was alleged to have threatened her. The prosecution relied on circumstantial evidence, including a claim that the accused and the deceased were last…

N. Venkataramani, an employee of Indian Bank, voluntarily retired after 14 years, 9 months and 17 days of service. The bank denied his claim for pension on the ground that he had not completed the statutory minimum of 15 years. The Madras High Court set aside the bank’s order and directed the grant of pension, interpre…

The State of Madhya Pradesh issued a circular and an advertisement to fill reserved posts for Scheduled Castes, Scheduled Tribes and for handicapped persons. Eight general‑category disabled candidates were selected, while a disabled candidate belonging to a reserved category (SC/ST) was not. The Administrative Tribunal…

Mahendra Pratap Yadav (Respondent No.1) had his Intermediate examination result cancelled after using a provisional marksheet to pursue further studies and employment. He challenged the cancellation, and while the Supreme Court set aside the result, it observed that if any rule permitted him to re‑appear, the Board cou…

In Rajasthan, teachers are recruited annually under the Rajasthan Education Subordinate Service Rules, 1971. Jagdish Chopra, placed at serial No.10 in the 1995-96 merit list, was not appointed after the candidate at serial No.8 failed to join and the vacancy was carried forward. He filed a writ petition; the High Court…

The respondent, a 38‑year‑old carpenter with six dependents, was permanently disabled after being hit by a bus owned by the Andhra Pradesh State Road Transport Corporation on 26 January 1995. He claimed damages under Section 166 of the Motor Vehicles Act; the tribunal awarded Rs 85,000 and the High Court enhanced the a…

The case arose from two partition suits settled by a family settlement and a decree directing the execution of a General Power of Attorney and payment of amounts. The Supreme Court had earlier ordered that V.M. Singh deposit the balance amount, which he did, but later sought to withdraw his interlocutory application (I…

Syndicate Bank advanced a loan to United Auto Tractor Ltd. secured by a mortgage on 51 acres of land allotted by the Andhra Pradesh Government, relying on an allotment letter and a consent letter from the Director of Industries. The land was later partially cancelled and the allotment rescinded by AP ILC, and the bank …

The Commissioner of Customs appealed against Hewlett‑Packard India Sales Ltd., which had imported laptops with hard‑disk drives pre‑loaded with operating‑system software. The importer claimed that the software‑loaded hard disks should be classified separately under heading 85.24 of the Customs Tariff Act, 1985 and enjo…

The appellant, Commissioner of Central Excise, challenged the assessment of duty on pulp transferred by the respondent, Mis. Ballarpur Industries Ltd., to its sister unit for captive use in making paper, an exempted final product. The assessee had claimed MODVAT credit on inputs and paid duty on the cost price of pulp,…

N.P. Jharia, a Sales Tax Officer, was convicted under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known sources of income. The trial court sentenced him to three years' imprisonment and a fine; the High Court upheld the conviction but re…

The Bank of India had a scheme for "Budlee Sepoys" whereby temporary workers could be absorbed into permanent posts only after completing 240 working days in a block year. Several such workers filed writ petitions seeking regularisation, claiming they had satisfied the 240‑day requirement. The Calcutta High Court Singl…

The Gujarat Pradesh Panchayat Parishad and the Sabarkantha District Panchayat challenged a resolution and an office order that required the District Development Officer (DDO) to consult the President of the District Panchayat before taking any action on recruitment, transfer, promotion or other service matters. The Hig…

The Supreme Court examined the Government's policy to merge Vayudoot with Indian Airlines and the subsequent absorption of Vayudoot employees (SHOD) into Indian Airlines, focusing on seniority and promotion issues. The petitioners argued that the merger was not formally completed, that the cut‑off date of 10‑Mar‑1998 f…

The Supreme Court examined whether the amendment to Goa Shipyard Officers' Conduct, Discipline and Appeal Rules, 1979—made by a circular board resolution—was valid despite lacking an explicit effective date, and whether the Board could retrospectively ratify the amendment to validate the dismissal of Babu Thomas. The r…

Mis. Shakthi Seeds Pvt. Ltd., a registered dealer in agricultural seeds, claimed exemption from sales tax on certain seed varieties by invoking G.O.Ms. No. 604 (1991) and G.O.Ms. No. 129 (1989), asserting that the seeds were either certified or truthfully labelled. The Deputy Commissioner, after finding the seeds were …

The State of Gujarat prosecuted Shaileshbhai Mansukhlal Shah and another under Sections 7(i) and (v) of the Prevention of Food Adulteration Act, 1954. The accused, dissatisfied with the public analyst's report, invoked Section 13(2) to obtain a second analysis of the food sample by the Central Food Laboratory. The tria…

The State of Punjab appealed a High Court order that granted Mis. Atul Fasteners Ltd. a refund of Rs.42,62,807 paid as sales tax between April 1997 and September 2001, together with 18% per annum interest from December 21, 2001. The refund arose under the Punjab General Sales Tax (Deferment and Exemption) Rules, 1991, …

The appellant‑assessee, Mis. Span Diagnostics Ltd., manufactures monoclonal antibodies (MABs), pregnancy test kits, and other diagnostic reagents. The Department classified these products under Chapter 30.05 or Chapter 38.22 of the Central Excise Tariff Act, 1985, while the assessee claimed classification under Chapter…

The appellant, Sree Durga Distributors, sold dog feed and cat feed and claimed a Nil rate of duty under Entry 5 of the First Schedule of the Karnataka Value Added Tax Act, 2003. The issue was whether these products fell within the category of "animal feed and feed supplements" listed in Entry 5, which provides a Nil ra…

The appellants were included in a Kerala Public Service Commission (KPSC) ranked list for Overseer Grade‑II appointments. The list, published on 31‑03‑2001, was set to expire on 31‑03‑2004 but the KPSC, invoking the 5th proviso to Rule 13 of its Rules of Procedure, extended the validity of several lists after a ban on …

The Supreme Court heard an appeal by the State of Chhattisgarh challenging a High Court order that granted bail to an accused (respondent No.3) charged under Sections 302 and 1208 IPC for the murder of a rival political leader during an election campaign. The High Court, while granting bail, examined the credibility an…

In 1986 the original plaintiff filed an eviction suit which was later converted into a title suit after the defendant claimed ownership based on a sale deed dated 4‑Oct‑1985. The plaintiff failed to amend the pleadings to challenge that deed despite being directed to do so, and the suit remained pending for many years.…

Surinder Singh was appointed as an Extra-Departmental Delivery Agent (EDDA) through an open selection conducted under the Government of India's circular dated 12.03.1993, which required a minimum qualification of 8th standard and gave preference to candidates with Matriculation, but no preference to qualifications high…

The respondent, a former employee of Uttar Pradesh Jal Nigam, filed a writ petition seeking to remain in service until the age of 60, arguing that the amendment of Rule 56(a) of the Uttar Pradesh Fundamental Rules, which raised the retirement age for state government servants from 58 to 60, should apply to him. The app…

The appellant, a married daughter of a deceased motor‑vehicle accident victim, filed a claim petition under Section 140(2) of the Motor Vehicles Act, 1988. The insurer contended that she was not entitled to compensation because she was not financially dependent on her father. The Motor Accident Claims Tribunal dismisse…

The Supreme Court examined land acquisitions made under the Land Acquisition Act, 1894 for the "planned development of Delhi" and later for the development of Palam Airport, which were ultimately transferred to the International Airport Authority of India (IAAI). Petitioners challenged the acquisitions on grounds that …

Mis Baby Marine Exports, a supporting manufacturer, sold marine products to export houses and received, in addition to the FOB value, a 2.25% export‑house premium. The assessee claimed the premium as part of its export turnover and sought a deduction under Section 80HHC(IA) of the Income‑Tax Act. The Assessing Officer …

Shaik China Brahmam (A‑2) and Shaik Khasim Saida (A‑1) jointly attacked Shaik Masthan Vali, the former striking with an iron rod and the latter stabbing with a knife. The deceased died from multiple injuries, including fatal cuts to the neck and occipital region caused by the knife. The Sessions Court acquitted both ac…

The incident occurred on the night of 14-15 July 1979 during a land dispute when several accused entered the house of the deceased, Sitaram Manda, allegedly firing weapons and assaulting occupants. The trial court convicted the accused under IPC sections 302 read with 149, 148, 452 and 323 based largely on the testimon…

M/s. Tata Engineering & Locomotive Co. Ltd. manufactured chassis whose value depended on standard fitments. The price lists for November 1994 and April 1995 mistakenly recorded Engine No. 692 DI and Gear Box GBS 30 as standard, whereas the actual standard fitments were Engine No. 697 NA and Gear Box GBS 40. The Central…

The respondent, appointed as a temporary watchman on 21 April 1980, claimed that his services were regularised on 1 March 1991 under Government Order (G.O.) No.124 of 22 February 1991, which would entitle him to last‑grade regular service. The Court found that the 1 March 1991 order mistakenly relied on an earlier G.O.…

The deceased, Budida Krishnamurthy, committed suicide after alleged harassment and financial disputes with the appellants, Didigam Bikshapathi and others. In his suicide note he implicated the appellants, leading to charges of abetment of suicide under Section 306 IPC. The appellants filed a petition under Section 482 …

The State of Andhra Pradesh filed an application under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 alleging illegal occupation of certain parcels of land (the Schedule Land) by Abdul Khuddus and others. The Special Court examined oral and documentary evidence and held that the respondents were land grabber…

Bharat Sewa Sansthan, a charitable society, leased premises to U.P. Electronics Corporation Ltd. under a lease that contained an arbitration clause. The society sued for recovery of rent arrears, water and sewerage taxes, and interest, while the corporation moved for reference of the dispute to arbitration under Sectio…

The case concerned daily‑rated (casual) workers at Marathwada Agricultural University who claimed that, because their qualifications, duties and responsibilities were identical to those of permanent staff, they were entitled to the same wages. The Bombay High Court held that the university was exploiting the workers an…

Continental Foundation Joint Venture Holding and two other construction firms were alleged by the Commissioner of Central Excise, Chandigarh, to be manufacturing Ready Mix Concrete (RMC) instead of "mix concrete" and thus liable to excise duty under Chapter 3824.20 of the Central Excise Tariff Act, 1985. The Revenue is…

The appellant, Commissioner of Central Excise, Chandigarh, issued a show‑cause notice in 2000 alleging that Pepsi Foods Ltd had evaded excise duty on sales tax collected. Pepsi had earlier claimed a sales‑tax exemption which was rejected, paid excise duty on a reduced price, and later, while the exemption claim was pen…

The workman, Inderjit Singh, claimed that he had been continuously employed as a carpenter by the Punjab State Electricity Board from 31 March 1993 until his termination on 30 April 1997 and sought reinstatement with back wages. The Labour Court held in his favour, directing reinstatement and 50% back wages, a decision…

The petitioners challenged the Central Educational Institutions (Reservation in Admission) Act, 2006, specifically the 27% reservation for Other Backward Classes (OBCs) under Section 6, arguing that the Act was based on unreliable data, ignored the creamy‑layer principle, and violated Articles 14, 15(4), 15(5) and 16(4…

Mis Clariant (India) Ltd, a manufacturer of leather chemical products, entered into a Technical Collaboration Agreement with Sandoz Quinn for the import of raw material. The Customs Department demanded that a technical know‑how fee of Rs 5,00,000 be added to the assessable value of the raw material under Customs Valuat…

The appellants, directly recruited Section Officers (Commercial Audit), challenged the method of fixing their seniority, arguing that their probationary appointment should count towards seniority for promotion. The Recruitment Rules, 1988 were silent on inter se seniority of direct recruits, and the Comptroller and Aud…

The Government of Andhra Pradesh issued a demand notice under Section 5 of the Andhra Pradesh General Sales Tax Act, 1957 for tax on the turnover of an auction sale of jewellery held on 19‑08‑1987 by Corporation Bank, invoking Explanation IV to Section 2(1)(e) inserted by Act No. 27 of 1996. The Bank challenged the not…

Essar Steel Ltd imported goods under the Project Imports Regulations, 1986 and paid duty based on a declared assessable value of DM 46.75 million. The Customs Department increased the assessable value to DM 84.15 million, leading the importer to pay an additional Rs 6.02 crore under protest. The Customs Tribunal ordere…

The appellant, Kemrock Industries & Exports Ltd., manufactured glass fibre reinforced plastics and sought classification of the product under Heading 70.14 of the Central Excise Tariff Act, 1985, arguing that the essential character remained that of glass fibre. The Revenue contended that the product should be classifi…

Zuari Industries Ltd, a fertilizer manufacturer, sought to import a 6 MW captive power plant as part of a substantial expansion of its NPK plant under Project Import Regulations. The Ministry of Chemicals & Fertilisers issued an Essentiality Certificate stating that the power plant was essential for the fertilizer proj…

A large number of police constables were appointed in 1990 by posting vacancies on a notice board, contrary to Rule 663(d) of the Bihar Police Manual which mandates advertisement in newspapers and through the employment exchange. When the irregularity was discovered, the Director General ordered their dismissal, which …

The landlord, an unemployed graduate, filed an application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, seeking release of a shop he let to tenants so that he could start his own electrical goods business, claiming a bona‑fide need. The prescribed aut…

The case concerned about 24.82 acres of government land that had been assigned to respondents on pattas, which the authorities later attempted to resume without paying the ex‑gratia stipulated in GO No.1307. The respondents filed writ petitions and, after a single High Court judge ordered them to make representations, …

The Supreme Court examined a dispute over the special allowance payable to "cashier in charge of cash" in Regional Rural Banks (RRBs). The National Industrial Tribunal had awarded parity with sponsor banks but did not base its decision on functional equivalence or the doctrine of equal pay for equal work. The Court hel…

Century Industries Textiles Ltd., after offering a Voluntary Retirement Scheme that left only 275 workers, filed an application under s.25‑0(1) of the Industrial Disputes Act, 1947 seeking permission to close its mill. The company later withdrew this application to pursue an amicable settlement after a meeting was call…

Rajasthan Spinning and Weaving Mills Ltd. (RSWML) set up a process house for fabric processing and later leased it to other firms. The Central Excise Department alleged that the lease was a sham intended to shift valuation from the comparable‑goods method to the cost method and demanded differential duty. The Customs, …

The appellant, a clerk in Syndicate Bank, was found to have opened a false bank account and fraudulently withdrawn Rs.42,000. She was charged under IPC sections 465, 468, 471, 420 and under the Prevention of Corruption Act, 1988 (s.13(1)(d) read with s.13(2)). The trial court convicted her and sentenced her to two year…

The case arose from an FIR in which three persons were arraigned as accused, while the appellants were not. Witnesses 1‑3 only testified to the appellants' presence, without attributing any specific role, and after the prosecution evidence was closed, two additional witnesses (4 and 5) were examined under s.311 CrPC. T…

The appellant Bhagwan Bahadure was convicted by the trial court and the Bombay High Court for murder (s.302 IPC) after allegedly striking the deceased Kachrabai on the head with a stick, causing injuries that led to her death. The appellant challenged the conviction on two grounds: that the key eyewitnesses (the victim…

The State of Punjab prosecuted Mohinder Singh and others for the murder of Dalip Singh, alleging they used sharp weapons during a land dispute. The trial court convicted one accused under Section 302 IPC and the others under Section 302 read with Section 34, rejecting the defence that the FIR was delayed, the injuries …

The case involved an Excise Sub‑Inspector (A‑1) who demanded a bribe from shop owner K. Subba Reddy (PW‑1) to release sealed stock and a stock register. PW‑1 paid the demanded amount to a Home Guard (A‑2), who kept the money in his pocket and was later found with the cash, which tested positive for the phenolphthalein …

Karan Singh, a former DPL of the Haryana State Marketing Board, was terminated in October 1994 without due process, allegedly violating Section 25F of the Industrial Disputes Act, 1947. He filed a claim six years later, in 2000, seeking reinstatement and back wages. The State Government referred the dispute to the Labo…

ICI India Ltd purchased ammonium nitrate liquor for making "Bulk Premix" at its Rourkela plant and declared in Form IV to obtain a concessional tax rate of 4% under the Orissa Sales Tax Act, 1947. The bulk premix, an intermediate product, was not sold but transferred to the company's other units in Orissa and outside t…

The Moradabad Development Authority (MDA) appealed a High Court order that directed it to return surplus land to respondents Saurabh Jain and others and to pay compensation. The land had been declared surplus under the Urban Land (Ceiling and Regulation) Act, 1976 in 1977, but a 1998 revision by the State Government he…

The employer, a public utility, dismissed eight workmen after they participated in a five‑month illegal strike. The Labour Court held the strike unlawful, set aside the dismissals and ordered reinstatement without back wages. The Gujarat High Court reversed that award, holding that once the misconduct was proved the La…

The appellant, West Bengal Council of Higher Secondary Education, appealed against a High Court order directing re‑assessment of the answer script of respondent Ayan Das in English Paper‑I of the 2004 Madhyamik examination. The respondent had obtained a fresh marksheet after the court ordered inspection of his answer s…

The Subordinate Services Board advertised 1,248 Patwari posts but selected 2,395 candidates, allocating 25% of marks to interview performance and 10 marks to handwriting, allegedly exceeding the limits set in Satpal Singh's case. Petitioners challenged the selection on grounds of undue weightage to viva voce, political…

Lagan Jute Machineries Co. Ltd. (appellant) was the lessee of premises owned by Candlewood Holdings Ltd. (respondent). After the lease expired, an eviction suit led to a consent decree in which the lessee undertook to pay the municipal commercial surcharge on consolidated rates as determined by the Calcutta Municipal C…

The accused were convicted under Sections 325 and 323 of the IPC, each read with Section 34, for assaulting the complainant and his wife. Subsequently, the parties reached an amicable settlement and filed a deed of compromise seeking compounding of the offences. The appellants contended that both offences are compounda…

The case concerned members of the AG Office Employees Co‑op House Construction Society who challenged irregularities in the society’s management and amendments allowing outsiders to obtain land. An enquiry by the Registrar of Cooperative Societies under the Bihar Cooperative Societies Act led to the suspension of the m…

The appellant Byvarapu Raju and his mother were convicted for the death of the appellant's father under Sections 302 and 201 IPC. The appellant contended that the killing occurred during a sudden quarrel and should fall under Exception 4 to Section 300, reducing the offence to culpable homicide not amounting to murder.…

Jawahar Lal was engaged on a casual basis as a Survey Boy by National Thermal Power Corporation from 3 October 1977 until his termination on 15 February 1981. He claimed that his termination was illegal because the employer did not give prior notice, notice‑pay or retrenchment compensation, invoking Section 6N of the U…

The landlady, Maqsoodan, purchased a shop and filed a release application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bonafide need to set up a firearms‑repair business for her son. The prescribed authority allowed eviction in 1986; the ap…

The parties entered into a power plant contract, after which the respondent (Siemens) claimed compensation for delays and the appellant (NTPC) filed a counter‑claim. The arbitral tribunal, relying on a Minutes of Meeting that settled many issues, dismissed most of the counter‑claims as settled or barred by limitation, …

The State of Arunachal Pradesh entered a contract for road bridge construction with M/s Damini Construction, which later refused payment, leading to arbitration. An interim award dated 12‑10‑2003 was issued, which the State later sought to review by letter on 02‑04‑2004; the arbitrator replied on 10‑04‑2004 that he had…

The Karnataka Power Corporation Ltd. conducted an examination for Assistant Accounts Officers and, after allegations that the Chief Examiner had allowed some candidates to write the papers at his house and had performed "test checks" to add marks, sent the answer sheets of two candidates to Bangalore University for rev…

The appellants, manufacturers of pharmaceutical products, dismissed several medical representatives and the employees sought relief from the appellate authority under the Andhra Pradesh Shops and Establishments Act, 1988. The employers contended that the Sales Promotion Employees (Conditions of Service) Act, 1976, bein…

P.K. Kuttappan, an EDDA in the Postal Department, was dismissed on multiple charges of failing to deliver registered letters, alleged violations of Rule 17 of the P&T ED Agents (Conduct and Service) Rules, 1964. The Service Tribunal ordered his reinstatement with 50% back wages, a decision affirmed by the Kerala High C…

The Supreme Court examined whether the Wakf Act, 1995 barred civil courts from hearing a suit and its appeal that were filed before the Act came into force on 1 January 1996. The appellant Sardar Khan had filed a suit in 1976, which was dismissed in 1996, and the respondents appealed to the High Court, invoking Section…

The landlord, Amar Nath Agarwala, filed an eviction suit against Dhillon Transport Agency alleging that the tenant had sub-let, assigned or transferred possession of the premises without his consent. The original tenancy was granted to a partnership of four partners which later dissolved; all assets were transferred to…

The appellant, a firm of chartered accountants, constructed a residential building for its low‑paid employees and claimed an initial depreciation of 40% under Section 32(1)(iv) of the Income Tax Act, 1961. The Income Tax Officer rejected the claim on the ground that the provision applies only to "business" and not to "…

The respondent, Dinesh Kumar, claimed that he was employed as a sweeper by the Uttaranchal Forest Hospital Trust from 1 July 1995 to 16 August 1996 and was terminated without notice or retrenchment allowance. He alleged that he had rendered more than 240 days of service in the year preceding his termination, invoking S…

The wife filed an application under Section 125 of the Criminal Procedure Code seeking maintenance, claiming she was unemployed and unable to maintain herself. The husband contended that she earned income from house rent and the sale of agricultural land and could therefore maintain herself. The trial court, after eval…

The respondents, who were employed as data‑entry operators on a contract basis, filed an application before the Central Administrative Tribunal (CAT) under Section 19 of the Administrative Tribunals Act, 1985, seeking regularisation of their services on the ground of long rendition of service. The CAT directed that the…

The plaintiff filed a suit for declaration of title and possession of a residential property, which the trial court decreed in his favour. The defendant appealed and the first appellate court set aside the decree, holding that the defendant had acquired title by adverse possession. The plaintiff then filed a second app…

The landlord, Janak Raj, filed a suit for eviction against his tenant, Paradeep Kumar, under the Jammu & Kashmir Houses and Shops Rent Control Act, 1966. The tenant had failed to pay rent for the period January 1984 to January 1985, making a partial payment of Rs.6,000 against a due of Rs.6,500, and subsequently defaul…

The U.P. Forest Corporation sought exemption from income tax on the ground that it was a charitable institution under Section 11(1)(a) of the Income Tax Act, 1961. The corporation had not obtained registration under Section 12A, which is a prerequisite for invoking the charitable exemption. The Supreme Court held that …

The appellant, Amarsingh MunnaSingh Suryawanshi, was convicted under Section 302 IPC for allegedly pouring kerosene on his wife and setting her ablaze. The prosecution’s case rested solely on two dying declarations recorded by a head constable and a special judicial magistrate, both of which were taken after medical of…

The Supreme Court examined whether the Municipal Corporation of Greater Mumbai had taken the statutory "steps" required under Section 126 of the Maharashtra Regional and Town Planning (MRTP) Act to commence acquisition of land reserved for a public purpose, after the appellants served a purchase notice under Section 12…

The Karnataka Administrative Tribunal altered the recruitment rules for promotion of stenographers by removing the degree requirement and promoted several stenographers on that basis. Assistant (ministerial cadre) officers, whose promotions were affected, filed applications under Section 19 of the Administrative Tribun…

The Supreme Court examined appeals by landowners challenging the compensation awarded for agricultural lands acquired in Hisar, Satrod Khurd and Satrod Khas, Haryana, for residential development. The Land Acquisition Collector’s award was enhanced by the Reference Court to Rs 235 per square yard for Hisar lands and Rs …

The Union of India appealed against a Central Administrative Tribunal (CAT) order that directed the government to grant railway typists the same pay scales as senior clerks, head clerks and Office Superintendents Grade II, based on the Fifth Pay Commission recommendations. The High Court had upheld the CAT order, but t…

The appellant, accused No.2, was convicted under Section 302 read with Section 34 of the Indian Penal Code for the murder of Manfer, whose body was found in the appellant's house. The prosecution proved that the appellant lured the deceased to his residence, served him liquor, and, together with co‑accused Sakkhu, caus…

Girja Prasad, a lower‑division clerk, was alleged to have accepted Rs 200 as a bribe on behalf of his superior, the Divisional Ayurved Chikitsa Adhikari, after a trap was laid by the complainant and police officials. The trial court acquitted him, deeming the key witnesses (the complainant and a police inspector) as in…

Sidhartha Chakraborty, a cash clerk of United Bank of India, was dismissed for alleged irregularities, with the dismissal order stating that an application under Section 33(2)(b) of the Industrial Disputes Act, 1947 was being filed because an industrial dispute was pending. Chakraborty challenged the dismissal before t…

The respondent, a daily wager in the Public Works Division (PWD) since 1984, was appointed as a contract Surveyor in the Soil Conservation Department on 3 April 1986 and later transferred before the posts were abolished in August 1987. After about eight years, he filed an application under Section 10 of the Industrial …

The appellant, Haryana State Industrial Development Corporation, resumed an industrial plot allotted to the respondent, Cork Manufacturing Co., alleging breach of a contractual construction deadline. The respondent filed a suit for permanent injunction, claiming the resumption order was illegal, that it remained in pos…

Indradeo Paswan, a Deputy Director (Mines) in the undivided State of Bihar, was promoted to Additional Director (Mines) and filed a writ petition for final promotion. While the petition was pending, Bihar was bifurcated under the Bihar Reorganisation Act, 2000, creating the State of Jharkhand. Although Paswan exercised…

Mis. Alagendran Finance Ltd. filed income‑tax returns for assessment years 1994‑95, 1995‑96 and 1996‑97, claiming a deduction under the Lease Equalisation Fund (LEF). The assessment orders accepted the LEF claim. In 2004 the Assessing Officer initiated reassessment proceedings for three unrelated items (share‑issue exp…

The Municipal Corporation of Delhi issued a notice under s.126 of the Delhi Municipal Corporation Act, 1957 to revise the rateable value of a property effective 1‑April‑1996. The assessing officer signed the assessment order on 31‑March‑2000, which was communicated to the owners on 17‑April‑2000. The owners appealed, c…

The appellant, Japani Sahoo, filed a criminal complaint on 5 February 1996 alleging assault and extortion by the respondent, an Inspector of Police. The Sub‑Divisional Judicial Magistrate took cognizance of the complaint only on 8 August 1997, more than a year after the alleged offence, and later issued summons and a n…

Idrishan Yakubhan Pathan faced two prosecutions under the Prevention of Terrorism Act (POTA), Case No. 8 and Case No. 12 of 2003. He appealed both decisions (Criminal Appeals Nos. 1287 and 1288 of 2004). The Gujarat High Court acquitted him in Case No. 8 and dismissed his appeal 1287. Regarding Case No. 12, the High Co…

The appellant, Shakuntala, was convicted of murder under Section 302 IPC for setting her daughter‑in‑law on fire after a dowry dispute. The victim’s dying declaration, recorded by a First Class Judicial Magistrate and certified by a doctor as being made while she was fit, formed the core evidence. The Supreme Court exa…

On 5 August 1990 the deceased Sohan Lal was allegedly attacked by brothers Raj Pal and Jai Pal, who were said to have struck him with a pharsi and a lathi, leading to his death. The trial court convicted them under Section 302 read with Section 34 of the IPC and sentenced them to life imprisonment, a decision upheld by…

The appellant Ravi and co-accused U were charged with murder under Sections 302, 307 and 120B IPC. The FIR was lodged against unknown persons and did not contain any identification marks. Police photographed the accused at the police station and the photographs were published in a local daily, naming them as the perpet…

The appellants claimed that they had been validly inducted as Promoter‑Members of Chaitnya Bharathi Educational Society by a Board of Governors resolution in 2000 and a General Body approval in 2006, which they said entitled them to vote in the Society’s Board elections. The Society contended that under Clause 4(b) of …

The respondents, K.B. Saha & Sons, purchased processed kendu leaves from the Orissa Forest Development Corporation under a tender, obtained lifting orders and transport permits, and moved the leaves to their factories in West Bengal. The State of Orissa levied sales tax under the Orissa Sales Tax Act, 1947, which the r…

V.K. Puri, a customs officer, was charged under the Prevention of Corruption Act, 1988 (s.13(2) read with s.13(1)(e)) for possessing assets disproportionate to his known sources of income during the 1988‑2002 check period. He owned bank accounts and immovable property in Delhi, the rental income from a Delhi flat being…

The appellant, Ramkrushna, was convicted for the murder of his brother‑in‑law Baliram during a property dispute. The prosecution proved that the accused entered the house armed with a knife and a stick, assaulted the deceased, and that the victim sustained multiple injuries leading to death. Key evidence included the t…

The appellant, armed with a knife, inflicted three blows on the victim who had been restrained by two co‑accused after a dispute over a Rs 5 loan. The victim died from injuries to the chest and back. The trial court convicted the appellant under Section 302 of the Indian Penal Code for murder and acquitted the other th…

The case arose from a land dispute in which the deceased Ratnavva and her sons were attacked by several accused who tied the deceased to an electric pole, stripped her, and repeatedly assaulted her until she died. The trial court acquitted all accused, relying mainly on the testimony of the first informant and dismissi…

The appellant Jodharaj Singh was convicted under Section 302 IPC read with Section 34 for the murder of Vishava Priya, based on an FIR that named him and detailed each accused's role. Although several prosecution witnesses turned hostile during the trials, the trial court and High Court relied primarily on the first in…

The State of Himachal Pradesh prosecuted Uttam Kumar and others for the murder of Ramesh Kumar. The prosecution relied on circumstantial evidence, last‑seen testimony, and several disclosure statements made by the accused that led to the recovery of the victim’s body and related items. The trial court convicted the acc…

The appellant, Ambaram, along with several others, was drinking near the house of Savitribai and, after being asked to desist, assaulted her and her brother Prem Singh. Prem Singh intervened, was struck on the head with the blunt side of Ambaram's axe, and later died from injuries that also included a punctured abdomen…

The employer, Mis. Hamdard (Wakf) Laboratories, terminated 37 workmen alleging an illegal strike, leading to an industrial dispute and an award reinstating 17 workers with 50% back‑wages. The workmen later filed applications under Section 6‑H(l) of the U.P. Industrial Disputes Act seeking bonus, which the Labour Commis…

The case concerned whether a son adopted by his father's brother under a deed that did not specify the dvyamushyayana form could be presumed to be such, thereby preserving his status as a coparcener in his natural father's joint family property. The appellant argued that Section 483(3) of Mulla's Principles of Hindu La…

Sang Ram Keshari Nayak, a railway officer, was recommended for promotion by the Departmental Promotion Committee (DPC) but the DPC invoked a sealed‑cover procedure under a 1993 government circular because a vigilance case was pending. The chargesheet, however, was issued only after the DPC meeting and after his junior …

The appellant, a confirmed employee of the Indian Council for Child Welfare, challenged her termination by filing a suit in the District Court and seeking an interim injunction. She subsequently filed a writ petition under Article 226 of the Constitution without disclosing the pending suit, later withdrawing the suit. …

L. Ushadevi, a resident of Kerala originally from Tamil Nadu, was appointed as Quality Supervisor in the Marine Products Export Development Authority on the basis of a community certificate issued by Tamil Nadu authorities stating she belonged to the Konda Reddi Scheduled Tribe. The employer later issued a show‑cause n…

The petitioners, a union of daily‑rated gardeners employed by Hindustan Aeronautics Ltd., a government company, sought regularisation, continuance of service and equal pay, alleging that they had worked more than 240 days a year for several years and that artificial breaks were created to deny them permanence. The Alla…

The complainant Hamida filed an FIR alleging that her husband Balla was attacked, resulting in serious injuries and later death. The accused were initially granted bail by the Chief Judicial Magistrate for offences under Sections 324, 352 and 506 IPC, which are bailable. After Balla's death, the offence was upgraded to…

Dr. Ashutosh Ghosh purchased a house in 1935 in the name of his wife Suprovabala Ghosh by executing a power of attorney, which was later mutated in her name. After her death, the daughters, including Binapani Paul, obtained mutation of the property in their names and filed a suit for partition against their brother Ama…

P. Chandrasekharan and others appealed to the Supreme Court against a Madras High Court order that allowed the cross‑objections of the respondents in a suit for possession of two parcels of land. The appellants argued that the High Court had erred by ignoring documentary evidence and misinterpreting the deed of sale, t…

The son of a constable who died in harness applied for a compassionate appointment as a constable but was found ineligible on physical standards and was appointed as a peon, which he accepted without objection. He later sought to be absorbed in a higher Class III post, and the Uttar Pradesh Service Tribunal directed su…

The appellants, workmen of Novartis India Ltd., were transferred from Calcutta to other locations and challenged the transfer orders as illegal and motivated by trade‑union activities. While a conciliation proceeding was pending, the employer terminated their services for not obeying the transfers. The dispute was refe…

Bharat Petroleum Corporation Ltd., a government company, claimed a statutory right to renew a lease originally granted to Burmah Shell under the Burmah Shell (Acquisition of Undertakings in India) Act, 1976. The lease, with a nominal rent of Rs 50 per month, had expired in 1985 and the company issued a notice in 1989 t…

During the night of 25-26 November 1987 a dacoity was allegedly committed in Samarpur village, during which several houses were robbed and a victim was shot dead. The victims identified the accused in electric light and the police recovered empty gun bores and ornaments, which were also identified by the owners. The Sp…

The Maharashtra State Road Transport Corporation (MSRTC) and a trade union entered into an industrial settlement in 1956 (Clause 49) granting any employee who worked continuously for 180 days the benefits of a time‑scale worker. A later settlement in 1985 (Clause 19) provided for the absorption of daily‑rated workers a…

The appellant, Rabindra Chandra Paul, imported two consignments of refined soybean oil from Bangladesh at a C&F price of Rs 24.50 per kg. The Customs Department, doubting the declared value, asked for a cost break‑up and later invoked Rule 7A of the Customs Valuation Rules, 1988, rejecting the raw‑material cost but acc…

Lal Saij Khunte was elected to the Chhattisgarh Legislative Assembly but his election was challenged on the ground that he had been convicted under IPC sections 420, 34 and 468 and sentenced to two years' rigorous imprisonment, which under Section 8(3) of the Representation of the People Act, 1951 disqualifies a person…

The Food Corporation of India (FCI) introduced a compassionate appointment scheme that allows dependants of workers who voluntarily retire on medical grounds to be appointed, provided the employee is below 55 years of age. The second respondent, a departmental worker, submitted a composite application on 26‑April‑1999 …

The appellant had executed a General Power of Attorney (GPOA) in favour of the first respondent, later cancelled it, but the first respondent still executed a sale deed in favour of the second respondent using the revoked GPOA. A private complaint was filed, leading to an FIR and registration of a criminal case for off…

The case concerned a double murder that occurred on 15 January 1985 when an alleged unlawful assembly, allegedly led by Probodh Purkait, attacked the houses of Payed Ali Laskar and Dr. Srinibas Roy, dragging out and killing Abdur Rahaman Laskar and Abdur Molla. The trial court convicted six persons under Sections 148, …

The petitioners were daily‑wage workers in the Himachal Pradesh Irrigation and Public Works Department who had served for more than ten years. A betterment scheme, modified by the Supreme Court in the Moo Raj Upadhyaya case, provided that such workers completing ten years of continuous service as of 31 December 1993 wo…

The Somvashi Arya Samaj Trust entered into an agreement with the accused to construct a community hall, which the accused failed to do, leading the Trust’s Chief Managing Trustee to file a criminal complaint under Sections 418, 409, 166 read with 114 IPC. The accused obtained a compromise with the Trust, and a connecte…

S.N.S. (Minerals) Ltd. and another challenged the excise authority's order quantifying duty and imposing a penalty on limestone chips. The High Court set aside the penalty but left the duty demand untouched. On appeal, the appellants argued that the High Court should also have struck down the duty demand under Section …

The dispute concerned the appointment of a candidate (the appellant) to the post of Extra Departmental Branch Post Master (EDBPM) in Jaunpur. Both the appellant and respondent No.5 had passed the High School Examination with first division, but the service rules and a 1993 circular required that, besides educational qu…

The appellant, B.C. Shivashankara, challenged a second appeal allowed by the Karnataka High Court in favour of B.R. Nagraj. The High Court had permitted the appeal under Section 100 of the Code of Civil Procedure but failed to formulate any substantial question of law as required by the statute. The issue before the Su…

Petitioners K. Madalaimuthu and A. Arumuga Nainar filed a contempt petition against IAS officers M. Devaraj and M. Muthusamy, alleging willful disobedience and disrespect of a Supreme Court order dated 4 July 2006 that directed their promotion in the Tamil Nadu Registration Service. They also sought to set aside a subs…

Vicco Laboratories manufactures products such as Vicco Vajradanti and Vicco Turmeric, which it claims are Ayurvedic medicines. The Central Excise authorities repeatedly issued show‑cause notices (1976, 1987, 1997, 2005) seeking to re‑classify these products as cosmetics under the Central Excise Tariff Act, 1985. Earlie…

Honda Siel Power Products Ltd, a manufacturer of generators, claimed enhanced depreciation under section 43A of the Income Tax Act for foreign‑exchange fluctuations in the cost of machinery. The Income Tax Appellate Tribunal rejected the claim, failing to consider a coordinate‑bench judgment (Samtel Color Ltd) that was…

The case concerned Vanasthali Textiles Industries Ltd., a 100% Export Oriented Undertaking, which claimed a partial excise duty exemption under Notification No. 8/97‑CE for products manufactured using imported carboxymethyl cellulose (a sizing material) and imported indigo dye. The central issue was whether these impor…

The case concerned the customs tariff classification of a signal decoder used by a cable operator to decode satellite signals received via a dish antenna. The Revenue (Commissioner of Customs) argued that the decoder should be classified under Entry 8528 of the Customs Tariff Act, 1975 as a "reception apparatus for tel…

The appellant Nallapati Sivaiah was convicted of murder under s.302 IPC based solely on two dying declarations recorded by a police inspector and a magistrate after the victim sustained 63 injuries. The trial and High Courts upheld the conviction, but the Supreme Court examined the credibility of the dying declarations…

The deceased employee of Hanuman Plantation Ltd. died in an accident at Nagaon. His parents, who had moved to Tezpur after his death, filed a compensation claim under the Workmen's Compensation Act before the Commissioner, Tezpur, which awarded Rs. 2.70 lakh. The company appealed, arguing that the Tezpur Commissioner l…

The appellant, Sayed Abul Ala, was arrested for possession of large quantities of heroin and other narcotics and was remanded to judicial custody. While still in custody, he was detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 on the ground that he was likely to b…

The respondent firm sued the appellant for recovery of a dishonoured cheque issued after the appellant retired from a partnership. The trial court dismissed the suit without specifically addressing the appellant's claim of fraud and forgery. On appeal, the respondent filed an application under Order 41 Rule 27 of the C…

Mis. Swan Mills Ltd., a textile manufacturer, was served with show‑cause notices for differential excise duty and challenged the assessment before the Commissioner of Central Excise (Appeals). The appellant filed a declaration under Section 89 of the Finance Act, 1998 to avail the Kar Vivad Samadhan Scheme (KVSS) which…

The State of Uttar Pradesh appealed against the Allahabad High Court's acquittal of Abdul Karim and two others, who had been convicted by a trial court for murder under Section 302 read with Section 34 of the IPC. The prosecution's case rested on the testimony of three eye‑witnesses – the victim's wife (PW‑1), her brot…

Pragati Silicones Pvt. Ltd., a manufacturer of plastic name plates for motor vehicles, sought classification of its products under headings 87.08 and 87.14 of the Central Excise Tariff Act, 1985 as "parts and accessories" of vehicles. The revenue department re‑classified the plates under heading 39.26 (other articles o…

The appellant, a shopkeeper, was found guilty of selling adulterated chilli powder and convicted under Section 7 read with Section 16(1) of the Prevention of Food Adulteration Act, 1954, receiving six months' simple imprisonment and a Rs.1,000 fine. The conviction and sentence were upheld by the Sessions Court and the …

Shakti Dan was convicted under Section 302 IPC for throttling his mother, who died as a result of the assault, and under Section 323 IPC for causing hurt. He appealed, contending that he had no intention to kill his mother and that the charge of murder was inappropriate. The Supreme Court examined the statutory distinc…

The Punjab Water Supply Sewerage Board terminated two work‑charge employees after they assaulted a senior officer following a disputed transfer. The employees were convicted in a criminal case, but the Labour Court set aside the termination and ordered reinstatement without back wages. The Board later issued a show‑cau…

The respondent, a temporary employee of the Census Organisation, claimed regularisation after being retrenched, relying on State circulars that relaxed the upper age limit for such employees. The State of Orissa issued circulars in 1995 and 1999 but did not lay down a policy for regularisation. The Orissa Administrativ…

The case concerned Air Force officers who voluntarily retired under a scheme to join the public sector undertaking Vayudoot Ltd. The Government issued a circular on 30 Oct 1987 granting a service‑weightage for pension calculation, but a note excluded officers who retired prematurely for permanent absorption in PSUs fro…

The parties entered into a partnership deed containing Clause 16, which stated that any dispute would be "mutually decided" or "referred for arbitration if the parties so determine." The respondent filed an application under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a…

Dharappa, a daily‑wage labourer, claimed that his termination from the Rural Dairy Centre in 1980 was illegal and sought reinstatement and back wages before the Labour Court under Section 10(4A) of the Industrial Disputes Act (ID Act). The Labour Court awarded reinstatement with 50% back wages, but the employer challen…

The State of Uttar Pradesh issued notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 to acquire land for a planned development scheme. The landowners challenged the validity of the notifications and later the award made by the Land Acquisition Officer, arguing that the award was passed after the two…

The State of Himachal Pradesh filed a Special Leave Petition challenging the Himachal Pradesh High Court's order that summarily dismissed its application for leave to appeal an acquittal under Section 378(3) of the Criminal Procedure Code, without providing any reasons. The Supreme Court examined whether a judicial ord…

The case involved two senior IAS officers who married under the Special Marriage Act in 1984. The wife unilaterally decided not to have children, refused cohabitation, neglected her husband during illness, insulted him and eventually forced him out of their home, leading to a separation that lasted over sixteen years. …

Sarwan Singh filed a second appeal before the Punjab & Haryana High Court challenging a lower court order. On the scheduled date, the appellant failed to appear, and the High Court dismissed the appeal on its merits for non‑appearance. The appellant then applied under Order XLI Rule 19 read with Section 151 of the Code…

The appellant filed a suit for possession and the respondents filed their written statement 142 days after service of summons, far exceeding the 30‑day period prescribed by Order VIII Rule 1 of the CPC. The trial court accepted the belated statement on the condition that the appellant pay costs, and the High Court dism…

State Bank of India filed a recovery petition before the Debt Recovery Tribunal, which led to a compromise deed filed in Lok Adalat specifying a payment schedule and a default clause. The respondent defaulted on the schedule but later paid the full settlement amount along with interest for the default period. The respo…

The case involved four accused who tied, beat, strangled and poisoned the deceased, who was the brother of three accused and son of the fourth. The wife of the deceased (PW‑1) initially gave a false account to the Village Administrative Officer under threat, but later narrated the true events to her father, the police …

The appellant, a State Forest Service officer, was placed at No. 26 in a 1991 select list for induction into the Indian Forest Service (IFS) but was not appointed. He challenged the list, and the Jammu & Kashmir High Court sent the matter back to the Selection Committee instead of deciding its validity. The State later…

The respondents, members of the Manipur Home Guards, filed writ petitions seeking regularisation of their service and the grant of regular pay scales and pension benefits. The Guwahati High Court ordered the State to regularise them and to extend all service benefits applicable to regular government employees. On appea…

The appellant, an Additional District & Sessions Judge, granted bail to an under‑trial accused in a murder case after considering factors such as the filing of the charge‑sheet, the accused's ill father, and lack of prior convictions. A complaint was filed alleging the judge had taken illegal gratification for the bail…

The appellants, a group of five men, were convicted for the murder of Abdul Samad and for causing injuries to two eyewitnesses under Sections 302, 324 and 34 of the IPC. The High Court altered one conviction from Section 302 to Section 304 (II) but upheld the others. On appeal, the accused argued that the prosecution f…

Alpesh Na Vinchandra Shah and his brother were arrested for mis‑declaring import consignments and evading customs duty. Both were detained under section 3(1) of the COFEPOSA Act. They later applied for settlement under section 1278 of the Customs Act; the Settlement Commission accepted full duty payment, granted immuni…

The petitioner, Prakash Kaur, had taken a hire‑purchase loan from ICICI Bank for a truck and defaulted on instalments. The bank, through its agent Kartik Associates, forcibly seized the vehicle. The petitioner filed a writ petition seeking registration of a FIR against the bank and police for alleged criminal offences …

The plaintiff sued for specific performance of a 1978 agreement to sell a plot that was sub‑leased by a cooperative society and required Delhi Development Authority (DDA) permission for transfer. The defendant‑appellant cancelled the agreement, returned the advance and claimed the plot could not be sold because the lea…

The Pune Municipal Corporation (PMC) was allotted land declared excess under the Urban Land (Ceiling & Regulation) Act, 1976 after the State vested the land in it and the corporation paid the occupancy price. The land owners had earlier filed a statement under Section 6, received a final order under Section 8 and a not…

The Supreme Court revisited its earlier order of 14 February 2006 directing that all marriages in India be compulsorily registered. After hearing amicus curiae and examining compliance reports, the Court found that several states (Andhra Pradesh, Bihar, Chhattisgarh, Goa, Himachal Pradesh, Karnataka, Meghalaya, Mizoram…

The State of Uttar Pradesh challenged the levy of a licence fee on denatured spirit, arguing that the Union's Industries (Development and Regulation) Act, 1951 (particularly Section 18‑G) ousted the State's power to legislate under Entry 33 of List III of the Seventh Schedule. The High Court had declared the fee illega…

Mis Modipon Fibre Company, a manufacturer of nylon and polyester yarn, cleared its yarn to depots including Surat in Gujarat. A Gujarat notification of 19‑Oct‑1993 exempted yarn sold to special manufacturers in backward areas, allowing a turnover tax (TOT) rate of 0.5% instead of the normal 2%. The assessee claimed a 2…

The Supreme Court heard a civil appeal (No. 5979 of 2001) against an interlocutory order of the Bombay High Court that had granted ad‑hoc approval to certain teachers appointed by Dayanand Vedic Vidyalaya, despite the Education Inspector’s rejection of those appointments on the ground of rule violations. The Court held…

The State of Punjab appealed against orders of the Trial Court and the Punjab & Haryana High Court that had directed daily‑wage tractor drivers to be placed on the same pay scale as regularly appointed drivers on the basis of equal pay for equal work. The Supreme Court examined whether the principle of equal pay applie…

The appellant, a High School Assistant (HSA) appointed in 1990, applied for promotion to the post of Higher Secondary School Teacher (HSST) when a vacancy arose. Although she was senior and possessed the required second‑class M.A. and B.Ed. qualifications, the Selection Committee appointed a junior colleague, citing hi…