Judgments of 2007

The Madhya Pradesh State Cooperative Bank appointed 60 clerks‑cum‑typists on an ad‑hoc basis, later regularising them after written exams, interviews, probation and a security bond, in accordance with the Staff Service Rules. The Bank later terminated 58 of them on 27‑Oct‑1997, relying on a Lokayukt report that alleged…

M. Mohammed Abdulla, a permanent government servant who had entered the Kerala service in 1975 and completed his probation, availed leave without allowance under paragraph 4 of Appendix XIIA of the Kerala Service Rules to work abroad. While he was on leave, his junior was promoted, and the State later restored Abdulla'…

The appellant, B.C. Deva, was convicted by the Sessions Court and the Karnataka High Court for forcible sexual assault under Section 376 of the Indian Penal Code, based primarily on the oral testimony of the prosecutrix and corroboration by her parents and independent witnesses. The appellant appealed to the Supreme Co…

The case arose from a dowry‑related dispute in which the complainant’s statement before the trial court differed from the statement recorded during investigation. An application under Section 311 of the CrPC seeking a fresh recording of the complainant’s statement was rejected by the trial court as an attempt to fill g…

The State of U.P. appealed the Allahabad High Court's acquittal of Mushtaq Alam, who was charged with murder under IPC s.302. The trial court had convicted him based on the testimony of an eye‑witness (PW‑1) and two other witnesses, but the High Court acquitted him, finding the witnesses' accounts unreliable and contra…

C. Gupta was appointed as an Industrial Relations Executive (management staff) of Glaxo‑SmithKline Pharmaceuticals and was terminated on 15 September 1982 under a clause allowing dismissal with three months' notice or salary in lieu. He claimed to be a "workman" under Section 2(s) of the Industrial Disputes Act, 1947 a…

Dinesh Dalmia was arrested in a CBI case and placed in judicial custody in Chennai. He voluntarily surrendered before the Additional Chief Judicial Magistrate, Egmore, on 27 February 2006, seeking production before the Calcutta court where two other cases (Nos. 300/2002 and 476/2002) were pending. He was produced befor…

The appellant applied in 1996 for a quarry lease under Rule 39 of the Tamil Nadu Minor Mineral Concession Rules, 1959. The High Court directed the State to decide the application within four weeks, but the rule was repealed on 27 June 1996 and the application was rejected on 8 October 1996. The appellant waited until A…

The Nadia District Primary School Council prepared a 1980 panel of 1,965 candidates for primary teacher appointments, but only 600 were trained as required by Rule 3(d) of the recruitment rules. Several writ petitions were filed by candidates excluded from the panel. The High Court, relying on earlier orders that were …

Maharshi Dayanand University invited tenders for construction of sheds. The respondent submitted a tender containing a clause (25A) providing for arbitration and the university accepted the tender, stipulating that work would commence from the date of acceptance but that no payment would be made until a detailed contra…

The appellants Asharam and four others were alleged to have ambushed Nandan, Tikaram and Koshabai in a field, assaulting them with a spear (ballam) and lathis, causing multiple serious injuries. The trial court acquitted them, citing contradictions in the eye‑witness statements and questioning the timing of the FIR. Th…

The workman was dismissed in 1992 and raised an industrial dispute under Section 2A of the Industrial Disputes Act, 1947 in 1994. The Labour Court ordered his reinstatement with back wages and a subsistence allowance, but the management was not allowed to lead evidence and initially failed to pay the allowance. The man…

Mis. Lakshmi Machine Works filed its return for AY 1993-94 claiming a deduction under Section 80HHC of the Income Tax Act, 1961, excluding sales tax and excise duty from its total turnover. The Assessing Officer demanded recomputation of total turnover by adding those taxes, but the appellate authority held they were l…

Anilkumar, a daily‑wage worker, was intermittently engaged by Punjab Roadways between 1981 and 1985 and thereafter not employed. He filed two civil suits claiming continuous service, both of which he later withdrew. In 1998 he served a demand notice under the Industrial Disputes Act, 1947, leading the Labour Court to a…

The appellant, Boddam Narsimha, claimed that his paternal uncle 'Bala' was a protected tenant under Section 37-A of the A.P. (Telangana Area) Tenancy & Agricultural Lands Act, 1950 and sought an ownership certificate under Section 38‑E after a delay of more than 40 years. The court examined the nature of Bala's tenancy…

The case involved an ancestral Hindu Undivided Family property of Nimbaji and his five sons. Four sons and the karta sold 9 acres 16 gunthas to the plaintiffs, while the fifth son, Panditrao, who did not consent, had earlier sold 2 acres 2 gunthas to the appellants. The plaintiffs sued for possession, claiming the earl…

The Supreme Court examined whether the doctrine of unjust enrichment bars a refund claim when excise duty was paid under protest. Birla Corp Ltd, a cement manufacturer, had paid duty under protest and later sought a refund, arguing that the duty was not passed on to customers. The CEGAT had held that the bar of unjust …

V. Appala Swamy, a former principal, faced departmental misconduct charges in 1990 and an inquiry report was filed in 1992, but he retired before any action. A show‑cause notice was later issued to withhold 50% of his provisional pension, which he contested, and he also approached the Andhra Pradesh Administrative Trib…

The appellants were convicted for murder under IPC s.304(Part I) read with s.34 based primarily on the deceased's statements recorded in the FIR and under s.161 CrPC, which the trial and High Courts treated as dying declarations under s.32 of the Evidence Act. The Supreme Court examined the principles governing dying d…

The appellant Iqbal and a co-accused were charged with kidnapping and raping a girl who was under 14 years of age. The trial court convicted both under Sections 366A and 376 of the Indian Penal Code (IPC) read with Section 34, and the High Court affirmed the conviction of Iqbal while acquitting the co-accused. On appea…

The respondent, an incumbent employee, was granted a retrospective promotion effective 27 August 1984 and claimed arrears of pay and allowances for the period up to 5 February 1992. The Central Administrative Tribunal and the Delhi High Court allowed the claim. The appellant challenged these orders before the Supreme C…

Mis Dhampur Sugar Mills Ltd., a sugar mill and distillery, challenged a Uttar Pradesh government directive that required all sugar mills to reserve 20% of their molasses for country‑liquor production. The company argued it had no excess (balance) molasses because its entire output was used captive and it even imported …

Bakhtiyar Hussain, claiming to be the bhumiswami of certain lands, sued Hafiz Khan and others for declaration of title and injunction after they took possession in 1970, asserting they had acquired title by adverse possession. The trial court and the first appellate court held the defendants were in permissible possess…

Hyderabad Industries Ltd appealed against an order of the Andhra Pradesh High Court which had dismissed its challenge under Section 82(2) of the Employees State Insurance Act, 1948, without examining the factual circumstances. The central question was whether workers engaged by contractors for loading, unloading, clear…

The appellant, Ganga Kisan Sahkari Chini Mills Ltd., employed certain workers during its trial season of 1984-85 and later terminated them. The workers claimed they were permanent employees and sought reinstatement, back wages, and retaining allowance under the Uttar Pradesh Payment of Retaining Allowances to Unskilled…

The appeal concerned whether a single Meter Reading Inspection (MRI) report, which records electricity consumption for 35 days, should be treated as one violation of peak‑hour restrictions or whether each contravention noted in the report attracts a separate penalty. The Supreme Court examined the Uttar Pradesh Electri…

In Narpat Singh v. Rajasthan Financial Corporation, the appellant filed Interlocutory Applications (I.A.) No. 15-16 seeking clarification and direction of a court order dated 3 May 2007. The court held that such I.A.s are misconceived because they were filed after the case had been finally disposed of, and an I.A. is m…

The State of Rajasthan filed a Special Leave Petition challenging a cryptic order of the Rajasthan High Court that dismissed its application for leave to appeal against an acquittal of Chanda and others without giving reasons. The Supreme Court examined whether a High Court must pass a speaking order showing due applic…

The dispute involved a cooperative society that, after an arbitration award in 1981 directing allotment of plot No. 6 to the petitioner, mistakenly executed a sale deed for plot No. 66 in the petitioner's favour. In a separate arbitration, the respondent was awarded any one of plots 66, 91 or 15; with 91 and 15 unavail…

The respondent, owner of Hi Tech Theatre in Serilingampally Municipality, filed an application for entertainment tax under Section 5 of the Andhra Pradesh Entertainment Tax Act, 1939 before the municipality was upgraded from Grade III to Grade II on 18 May 2001. The Entertainment Tax Officer, unaware of the upgrade, as…

The appellant, a constable in the Central Reserve Police Force, was repeatedly disciplined for unauthorized absence, culminating in dismissal after a departmental inquiry found some charges partially proved. He challenged the dismissal, but his appeal and subsequent writ petition were dismissed due to long delay. The S…

Saroja purchased a property from her husband Kuppusamy while a suit filed by her against Kuppusamy for title was pending. The earlier suit was decided ex parte in favour of the respondents, and the decree attained finality. Saroja then filed a separate suit asserting ownership of the same property, which was later decr…

Sudha Verma, the widow of Rajesh Kumar, appealed against the Allahabad High Court's grant of bail to Dinesh Kumar (respondent No.2), who was alleged to have shot and killed his elder brother during a family dispute over property partition. The High Court had held that the offence fell under Section 304 Part II of the I…

A public interest litigation was filed in the Patna High Court seeking directions to stop criminal activities and exploitation by police personnel in Bihar. The High Court issued orders directing the transfer of officers who had remained at a posting for more than four years and mandating the monitoring of FIRs through…

The Supreme Court examined a scheme proposed under Section 391 of the Companies Act, 1956 for Shreeniwas Cotton Mills Ltd., a company already under liquidation since 1984. The scheme, as modified, involved the sale of the mill’s land to Lodha Builders Private Ltd. (LBPL) and did not constitute a genuine revival of the …

M.C. Chamaraju, a supervisor employed by Hind Nippon Rural Industrial (P) Ltd, worked for more than five years across several units before his salary stopped in March 1993. He applied for gratuity under the Payment of Gratuity Act, 1972. The Controlling Authority and the Appellate Authority held that the various units …

Sukhdeo Pandey, an Extra‑Departmental Branch Post Master (EDBPM), cleared a promotion exam to the post of Postman in 1969 but the selection was cancelled due to alleged irregularities. A criminal case was later filed against him, cleared, and he was arbitrarily removed from service in 1977; the removal order was set as…

S.S. Ahluwalia, a CRPF officer, applied for voluntary retirement effective 1 July 1993; the request was initially rejected but later accepted on 23 February 1994 and he was relieved on 2 March 1994. While his retirement was pending, disciplinary proceedings were continued and resulted in a penalty of 10% deduction from…

Arvind Kumar married Sadhna and, along with his mother Prem Bai, repeatedly demanded additional dowry items. Sadhna, unable to meet these demands, was allegedly harassed and tortured, leading her to set herself on fire and die within 1.5 months of marriage. Both were convicted under IPC s.306 (abetment of suicide) and …

The landlord filed an eviction suit against the tenant, which was dismissed, but the High Court later allowed an appeal and decreed eviction. The tenant appealed to the Supreme Court, which dismissed the SLP and granted six months to vacate the premises, subject to filing an undertaking within two weeks. The tenant nei…

The appellant, Hafizun Begum, the widow of a deceased motor‑vehicle accident victim, challenged an order allowing the deceased's brothers—who were not financially dependent on him—to claim compensation under the Motor Vehicles Act, 1988. The High Court had dismissed her claim, holding that the brothers were entitled to…

Respondent No.1 filed a criminal complaint against Subha Raj and others alleging offences under several IPC sections. The Magistrate dismissed the complaint, and the complainant's first revision before the Additional District and Sessions Judge was also dismissed. A second revision petition, styled under s.401 r/w s.40…

The case involved a firm, M/s V.V. Enterprises, purportedly engaged in prize ticket business and collecting public deposits. Police seized about Rs. 1.18 crore from its premises, and the Assessing Officer found the firm’s books incomplete and could not explain the source of the deposits, treating the amount as undisclo…

The case concerned whether Mis. Solaris Chemtech Ltd. could claim MODVAT credit under Rule 57A for Low Sulphur Heavy Stock (LSHS) and furnace oil used to generate electricity that was captively consumed in the manufacture of cement and caustic soda. The Revenue argued that electricity generation is a separate, non‑exci…

The Commissioner of Customs, Kolkata, rejected a claim for Duty Entitlement Pass Book (DEPB) credit made by Peerless Consultancy Services Pvt. Ltd. on the ground that the steel balls exported were grossly over‑invoiced and the declared Present Market Value (PMV) was inflated. The Commissioner issued a show‑cause notice…

The case concerned appeals by the Commissioner of Customs against the confiscation of a consignment of readymade garments exported by Mis Brooks International for duty drawback. The revenue authorities seized the goods, invoking Sections 113(c) and (d) of the Customs Act, 1962, alleging that the market value of the goo…

The appellant, Sheikh Rafi, was convicted of murder for chasing and stabbing his brother with a knife, inflicting 19 injuries that included vital organs. He appealed, arguing that the facts only warranted a conviction under Part II of Section 304 IPC, not Section 302. The Supreme Court examined the nature, number, and …

The appellant, Mis. Co‑operative Company Ltd., a manufacturer and seller of country liquor and IMFL, was assessed sales tax on amounts it levied as "bottling charges" for glass bottles used to pack country liquor. The Assessing Officer treated these charges as the price of bottles and included them in turnover under s.…

The appellants purchased a 5‑acre plot by two registered sale deeds after the respondents had earlier bought a portion of the same land. They filed a suit for possession claiming title by adverse possession, asserting that they had been in open, continuous and hostile possession for over fifty years. The trial court gr…

BabulaL Jain, an Accountant in the Madhya Pradesh Collectorate, was deputed to the post of Election Supervisor. An Office Memorandum dated 9 February 1999 stipulated that such transfers were to be treated as postings, with pay fixed at the lower post and not under Fundamental Rule 22(D) or 22(A) of the M.P. Civil Servi…

Group Captain S.P.S. Rajkumar was charged with nine counts of financial impropriety and was tried before a General Court Martial (GCM) which found him guilty of four charges and sentenced him to loss of two years seniority and a severe reprimand. The convening authority ordered a re‑assembly of the GCM, which then sent…

The plaintiff alleged an unregistered agreement for the sale of a suit property with defendant No.1, and after learning that the defendant had entered into a second agreement with defendants 2 and 3, the plaintiff sent notices by post to all parties stating the subsistence of the earlier agreement. The notices were ret…

The appellant, Prakash Kumar (also known as Prakash Bhutto), was convicted under IPC sections 120B, 342 and 365 for kidnapping, confinement and conspiracy based solely on the confession of a co‑accused recorded under the TADA Act. The Supreme Court held that a co‑accused's confession is a fragile piece of evidence and …

The accused were convicted under the Terrorist and Disruptive Activities (Prevention) Act for kidnapping an industrialist and extorting a Rs 1 crore ransom. The conviction rested primarily on a detailed confessional statement recorded by the DCP from co‑accused A‑12, which was later retracted. The appellants argued tha…

The case concerned the abduction of businessman Jayendra Mahendra Tripathi in January 1994, for which a ransom was demanded. A co‑accused, A‑9, gave a detailed confession to the police under Section 15 of the TADA Act, which was later retracted. The Supreme Court held that the confession was recorded in compliance with…

The appellant, Shri Harendra Nath Borah, a police constable, was convicted under Section 302 of the Indian Penal Code for the death of a truck driver who was assaulted by police personnel and later died in hospital. The appellant challenged the conviction, arguing that the facts did not constitute murder but only culpa…

Vedanta Aluminium Ltd (formerly Vedanta Alumina Ltd) sought judicial clearance to divert 58.943 hectares of reserve forest land in the ecologically sensitive Niyamgiri Hills of Orissa for a one‑million‑tonne alumina refinery. The project required mining of bauxite from the hills, which are a wildlife corridor, a water …

The Supreme Court examined an appeal by Ranip Nagar Palika challenging the reinstatement of several workmen who had been terminated in 1994. The workmen claimed they were regular employees who had continuously worked since 1991, invoking Section 25-F of the Industrial Disputes Act, 1947, which requires at least 240 day…

The case concerned M. Pushkaran, whose name appeared at No.4 on a select list for three security‑guard vacancies in a medical institute. While two candidates were appointed and a third declined, Pushkaran was not offered the post and filed a writ petition. The institute later adopted a policy to abolish the vacant post…

The Supreme Court examined an appeal by Indian Overseas Bank against a Madras High Court order that stayed disciplinary proceedings against four bank employees who were also facing criminal charges for assaulting a rival union president. The employees had been suspended, served charge‑sheets, and a departmental enquiry…

A partnership dispute arose between the parties, and the first respondent filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator. The Chief Justice of the Allahabad High Court appointed a retired judge as arbitrator on 9 December 2005 without providing a…

Amar Singh, a constable in the Central Reserve Police Force (CRPF), was found after 29 years of service to have entered the force using a fictitious school leaving certificate. A departmental enquiry confirmed the fraud, leading to his dismissal under Section 11(1) of the CRPF Act, 1949 and Rule 27 of the CRPF Rules, 1…

The case concerned surplus land declared under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. Respondent No.8's 4.64 acres were declared surplus, notified and allotted to eight downtrodden persons (parcha holders). Later the District Collector, invoking Section 45‑B, re‑ope…

The dispute concerned whether the Larabsha Darga and its associated lands constitute a private Wakf (Wakf‑alal‑aulad) or a public Wakf. The property, originally part of a larger Wakf, had passed through successive settlements (hibbas) and was managed by Safia Bi, who claimed it was her private property. After her death…

The father of respondent No.1 was a member of a cooperative housing society and died before any land allotment was made. The society transferred his membership to his son, who applied for inclusion in the draw of lots for a plot, but the Registrar of Cooperative Societies rejected the application. The Delhi High Court …

A Tata truck, classified as a goods vehicle, met with an accident near Lungthulien village, leading to two claims before the Motor Accident Claims Tribunal under the Motor Vehicles Act, 1988. The Tribunal awarded compensation to the claimants, which the insurer, Oriental Insurance Co., contested on the ground that the …

The informant appealed the Patna High Court’s order granting anticipatory bail to three respondents under s.438 of the CrPC. The Supreme Court held that the High Court erred in granting a blanket anticipatory bail without the applicant showing a specific ‘reason to believe’ of arrest based on reasonable grounds, and in…

Ratnabali Capital Markets Ltd. (RCML) sought to claim fee‑continuity under a SEBI circular dated 30 September 2002, arguing that its merger with Ratnabali Securities Ltd. (RSL) was compelled by law because SEBI’s Gupta Committee required a net‑worth of Rs 3 crore to trade in derivatives. The merger was effected under t…

The Union of India invited tenders for a telecom licence and, after receiving a tender, issued a Letter of Intent to Tata Teleservices, which later failed to fulfil its obligations. The Union claimed damages of Rs 50 crore and set‑off the amount, while Tata claimed Rs 654.25 crore for breach of contract. The Telecom Di…

The appellant, Rajindra Singh (deceased) through his legal representatives, challenged a decree from a 1957 suit in which Prem Mai and Sudha Mai were granted declaration and possession of land. The decree was reversed on appeal, declaring the appellant a Sirdar and entitled to possession. While the suit was pending, a …

The Central Bureau of Investigation filed a charge‑sheet against B.S. Goraya under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988. Goraya, then a Colonel, was suspended and dismissed from Army service in January 1993, but his dismissal was later set aside and he was reinstated. He contended that,…

The dispute concerned the assessment year 1997‑98 where the assessing officer had included excise duty and sales tax in the "total turnover" for computing the deduction under section 80HHC(3)(b) of the Income Tax Act, 1961. The Revenue appealed, arguing that the plain meaning of "turnover" required inclusion of these t…

The case concerned the reversion of Surendranath Mallick, a reserved‑category employee, to his former post of Senior Assistant after a general‑category Section Officer returned from leave. The Tribunal had held that Mallick should remain as Section Officer Level‑II to preserve the SC quota, and the Orissa High Court up…

The respondent, Rajesh Jha Ver! Stock Brokers Pvt. Ltd., filed its return for AY 2001‑02 showing a loss, which was processed under Section 143(1) of the Income Tax Act. The Assessing Officer later issued a notice under Section 148 alleging that the claim of bad debts was not allowable, and initiated reassessment. The r…

Ajnaala Coop. Sugar Mills Ltd. terminated the services of Sukhraj Singh, a seasonal daily‑wage worker. The Labour Court held the termination illegal under Section 25‑F of the Industrial Disputes Act, 1947, which requires a workman to have worked more than 240 days in the preceding twelve months, and ordered his reinsta…

The Coimbatore District Central Co‑operative Bank disciplined 53 employees who continued an illegal strike, prevented others from returning to work and were found guilty in an ex‑parte disciplinary inquiry. The Labour Court, acting under Section 10 of the Industrial Disputes Act, upheld the punishment of stoppage of in…

The Life Insurance Corporation of India (LIC) fixed the retirement age of its field officers at 58 years, but Anwar Khan (deceased) sued for a declaration that the applicable agreement made the retirement age 60 years; the suit was decreed in his favour while a second appeal was pending. During the pendency, Khan filed…

The Central Government issued a circular on 8 November 2000 refusing to prohibit contract labour in certain establishments of Rashtriya Chemicals & Fertilizers Ltd. The General Employees Association filed a writ petition under Article 226 seeking quashment of the circular, alleging that the contract labour system was a…

Madhumilan Syntex Ltd., a public limited company, failed to deposit Tax Deducted at Source (TDS) within the statutory period for AY 1989-90, though it later paid the amount with interest. The Income Tax Officer issued a show‑cause notice under Section 276B read with Section 278B, treating the company and its directors …

The Supreme Court heard a civil appeal challenging a Bombay High Court order that a fresh General Body Meeting of Sri Lohana Mahaparishad be held to consider remaining agenda items after a consent order had directed a meeting. The appellant argued that the newly elected governing body, not the old one, could validly ta…

The plaintiff entered into an agreement to purchase land, paid earnest money and was required to pay the balance consideration and obtain execution of the sale deed within two months of the decree for specific performance. The trial court decreed specific performance, directing the defendants to execute the deed upon p…

The case arose from a long‑running dispute over ownership of certain lands originally sold by Kalyana Sundram Iyer. K.S. Setlur claimed title by adverse possession, asserting that tenant Shyamala Raju had attorned to him in 1946 and that he had been in possession for more than twelve years, a claim upheld by the Karnat…

The complainant appealed against a Madras High Court order that granted anticipatory bail under Section 438 of the Cr.P.C. to three accused who were apprehending arrest in a dowry‑related murder case. The High Court had stipulated detailed conditions and effectively released the accused without requiring their surrende…

Head Constable Vijay Singh was dismissed after a departmental enquiry for allegedly failing to follow diary procedures and overwriting entries. The enquiry was preceded by a preliminary enquiry, but the department did not obtain prior approval from the Additional Commissioner of Police as mandated by Rule 15(2) of the …

The appellant Uttarakhand Forest Development Corporation terminated the services of M.C. Joshi, a seasonal daily‑wage worker, on 24 November 1991. After a delay of six years, Joshi raised an industrial dispute, and the Labour Court held that the corporation had contravened Section 6N of the U.P. Industrial Disputes Act…

The case concerned a decree for possession of 2 bighas 17 biswas of agricultural land granted in 1953, of which only 10 biswas were actually delivered and the remaining 2 bighas 7 biswas were said to be in symbolic possession. The decree holder later sought delivery of certain "kothas" (structures) marked EFGH on the s…

Harjit Singh and another, constables in the Punjab Police, were dismissed for being absent from guard duty at a hospital where an elderly convict was shackled. They challenged the dismissal, arguing that the disciplinary authority had not complied with Rule 16.2 of the Punjab Police Rules and the principles of natural …

The State of Rajasthan introduced two sales‑tax incentive schemes, a 1987 scheme offering 100% exemption and a 1989 scheme offering 75% exemption, and allowed entrepreneurs to opt for one. Vividh Marbles Pvt Ltd chose the 1989 scheme and obtained an eligibility certificate, but the assessing authority mistakenly grante…

The Supreme Court examined the validity of the Kerala government's notification dated 27 May 2000, which accepted the Narendran Commission report on identifying the ‘creamy layer’ among Other Backward Classes. The petitioners, Nair Service Society, argued that the notification violated the Supreme Court’s earlier direc…

Popcorn Entertainment applied to CIDCO for a plot to build a multiplex; CIDCO allotted the plot, the appellant paid the full price and a lease agreement and commencement certificate were issued. CIDCO later cancelled the allotment, invoking Section 23 of the Indian Contract Act (public policy) and the lack of a tender.…

Nathuni Ram filed a suit for declaration of title and confirmation of possession over 36 decimal of land. The trial court dismissed the suit, but the first appellate court allowed him possession of 22 decimal and gave the defendants possession of the remaining 14 decimal. Nathuni Ram appealed to the High Court under Se…

The appellants, Ram Prasad Rai and others, challenged the legality of a land acquisition proceeding under the Land Acquisition Act, 1894, alleging that their land was to be taken by the State of Bihar. While their writ petition (CWJC No. 3232/2004) was pending, another writ petition and a public‑interest litigation, fi…

Share Medical Care, a charitable hospital society, imported medical equipment in 1992‑93 and obtained customs duty exemption under paragraph 2 of Notification No. 64/88. The society later applied for exemption under paragraph 3, claiming eligibility as a non‑profit rural institution, but the Deputy Director General (Me…

The appellant, a worker of Oil Palm India Limited, applied for one of twelve vacant watchman/messenger/attender posts. Although he topped the written exam, the company later enlarged the interview zone from a 1:3 to a 1:4 ratio, lowered the cut‑off marks to 46 and fixed 100 marks for the viva, subsequently appointing t…

The assessee company Mis Indore Construction Co. Pvt. Ltd. was subjected to a block assessment under Section 158BC of the Income Tax Act after a search was conducted at the residence of its director, Rameshwar Maheshwari, under Section 132. The Assessing Officer issued a notice under Section 15880 but did not record an…

Mahim Patram Private Ltd., a contractor printing examination papers for entities outside Uttar Pradesh, was assessed sales tax on its works contracts for AY 2002‑03 and 2003‑04. The Central Sales Tax Act, 1956 had been amended to bring works contracts within the definition of "sale" but no Central rule prescribed the m…

The appellant applied for a lecturer post at Banaras Hindu University in May 1995 without having completed the mandatory M.D. qualification, though he submitted a certificate of admission and later passed the exam in October 1995. The University’s Visitor (the President of India) annulled his appointment under Section …

Navjot Singh Sidhu, a sitting Member of Parliament, was convicted by the Punjab High Court under Section 304 Part II IPC and sentenced to three years' rigorous imprisonment. He resigned from the Lok Sabha and sought a fresh mandate, filing an application to suspend the order of conviction, arguing that under Section 8(…

The appellant and respondents entered into a Memorandum of Understanding containing an arbitration clause. Disputes arose over post‑dated cheques, two of which were dishonoured, and the appellant filed a money decree suit. The respondents moved to refer the matter to arbitration; the trial court dismissed the applicati…

The appellant, RosaliV, challenged the setting aside of an auction sale of immovable property by the executing court, which had held the sale void because the purchaser did not deposit the statutory 25% deposit on the same day and because the sale was confirmed before the 30‑day period expired. The Supreme Court examin…

The District Collector ordered redemption of a mortgaged land parcel, an order that became final after the Supreme Court dismissed a Special Leave Petition. The appellant, Mohinder Singh, contended that the earlier mortgage had not been redeemed and that a receipt for Rs.425, allegedly received by the mortgagees, shoul…

The appellants, owners of land acquired under a notification dated 20‑12‑1996 issued under Section 4(1) of the Land Acquisition Act, 1894, challenged the notification by filing a suit and obtained an interim injunction on 30‑08‑1997. The injunction was extended by the Civil Judge to specific dates, the last extension b…

The appellants, employees of the Kerala Government Press Subordinate Services, were threatened with reversion of their promotions after the Kerala High Court Full Bench upheld the constitutionality of a 1:1 promotion ratio between diploma‑holders and certificate‑holders, overruling an earlier decision (Daniel) and affi…

The appellants, who had taken a Voluntary Retirement Scheme (VRS) on 26 May 1995 and received the stipulated payments, later claimed that a settlement dated 13 October 1995 between the employer and the workmen’s union, which altered wages and retirement age, also applied to them. The settlement expressly covered "perma…

Laxma Reddy obtained a Labour Court order reinstating him after an unauthorized absence. He petitioned that his salary should be fixed with notional increments as if he had continuous service. A Single Judge allowed the petition relying on APSRTC v. P. Nageswara Rao, but the Andhra Pradesh High Court reversed, citing S…

M/s. U.K. Enterprises imported integrated circuits from Hong Kong and the Customs authorities deemed the declared value to be severely undervalued, fixing a transaction value of Rs.23.4 lakh and demanding differential duty of Rs.4.91 lakh. The Commissioner imposed a penalty of Rs.50,000 under Section 114A and a redempt…

M/s. Sarvesh Refractories (P) Ltd. bought a 'Loadall' material handling equipment from its manufacturer, Mis. Escorts JCB Ltd., which had classified the item under tariff heading 84.29 and paid excise duty accordingly. The purchaser claimed MODVAT credit under Rule 57Q of the Central Excise Rules, 1944, but the assessi…

The son of the petitioner was injured in a firearm attack and a case was registered under IPC s.307. The investigating officer submitted a final report excluding the accused on the basis of an alibi, prompting the petitioner to file a writ petition under Art.226 seeking a fair investigation. The High Court directed the…

The heirs of the deceased Rabindra Kumar Shaw filed a suit for declaration of title and a permanent injunction, and the trial court granted an interim status‑quo order. The defendant appealed, and the Calcutta High Court, without deciding the merits, dismissed the plaintiff's application for a temporary injunction on t…

A writ petition was filed by Balakrushna Behera seeking a mandamus directing Utkal University of Culture to complete the selection and appoint him as Lecturer in South & South East Asian Studies. The High Court ordered the university to complete the selection and publish the result, which was done, but the appointment …

The Supreme Court examined the scope of Sections 4 and 4A of the Central Excise Act, 1944 in relation to the Standards of Weights and Measures Act, 1976 and its Packaged Commodities Rules. It held that Section 4A applies only when five conditions are satisfied: the goods are excisable, sold in packages, a statutory req…

The case concerned departmental trap investigations conducted by Railway Vigilance officers against three railway ticket examiners who were alleged to have demanded excess money from decoy passengers. The respondents were charged under Rule 3 of the Railway Services (Conduct) Rules, 1966 and, after departmental inquiri…

Madan Chandra Brahma was appointed temporarily in Gauhati Bank in 1969 and later promoted to officer. After successive mergers, he became an officer of Central Bank of India in 1990. He claimed retirement at age 60, invoking clause 1.2 of Regulation 19 of the Central Bank of India (Officers) Service Regulations, 1979, …

A truck carrying illegal timber was seized under s.52A of the Indian Forest (Tripura Second Amendment) Act, 1986. The owner pleaded guilty and the offence was compounded on payment of Rs.10,000 as valuation and Rs.2,000 as compensation. The vehicle’s gear box was stolen from the forest range office, preventing its retu…

The case concerns a 3.23‑acre parcel that formed part of a religious and educational trust whose trustees (the appellants) sought to retain ownership after the Government issued an ejectment notice under s.248 of the Madhya Pradesh Land Revenue Code in 1969. The Sub‑Divisional Officer, exercising powers under s.57 of t…

Following the demolition of the Babri Masjid, two criminal cases (197/92 and 198/92) were registered and investigated by the CBI. The Uttar Pradesh Government, after consulting the Allahabad High Court, established a Special Court at Lucknow via a notification dated 9 September 1993, but later issued an amendment on 8 …

Bharat Co-operative Bank (Mumbai) Ltd., a multi‑state co‑operative bank, challenged the jurisdiction of the Maharashtra Trade Union Act, arguing that under Section 2(a) of the Industrial Disputes Act, 1947 the "appropriate Government" for a "Banking Company" with branches in more than one state is the Central Governmen…

R.C. Misra, a Block Development Officer, was suspended on 20‑Oct‑1997 and served a charge‑sheet on 24‑Oct‑1997. He retired on 31‑Oct‑1997. An enquiry completed after his retirement found him guilty and the State ordered recovery of Rs 9,69,141.60 from his pension. The Uttar Pradesh Service Tribunal set aside the order,…

Netraaj Singh was acquitted by a trial court of charges under IPC s.302 r/w s.149 on the ground of inadequate evidence. The State appealed, and during the pendency of the appeal the appellant obtained permission to replace his counsel with Mr. Ashutosh Singh. However, the cause list for the final hearing still named th…

The assessee challenged a trade tax demand under the Uttar Pradesh Trade Tax Act, 1948, and obtained relief from the Tribunal. The revenue department filed revision petitions under section 11 of the Act, which the Allahabad High Court allowed, setting aside the Tribunal's orders. The assessee appealed to the Supreme Co…

The appellant, Madhya Pradesh Rajya Sahakari Bank Maryadit, challenged a 1997 order by the Registrar of Co-operative Societies that amended recruitment rules to include reservation for SC, ST, OBC and physically handicapped persons. The High Court set aside the order as ultra vires, and the appellant appealed. The Supr…

The respondent, a peon in a private aided school, possessed the qualifications for a High School Assistant (Hindi) language teacher position that became vacant. The school appointed another candidate, prompting the respondent to seek appointment under Kerala Education Rules, 1959. The Director of Public Instructions se…

The appellant, Satish Jaggi, filed a petition under Section 407 of the Code of Criminal Procedure seeking transfer of a criminal trial from the Sessions Judge, Raipur, on the ground that the judge's brother was a sitting MLA closely associated with the father of one of the accused, a former Chief Minister. The High Cou…

The landlord filed an eviction petition under Section 22(d) of the Delhi Rent Control Act, 1958 against the tenant, who died during the proceedings. The landlord then moved an application under Order XXII Rule 4 of the CPC asserting that the tenant's son could not inherit the tenancy. The Additional Rent Controller all…

The Transport Corporation of India Ltd, a common carrier, was entrusted by Veljan Hydra Ltd with a hydraulic cylinder consignment in 1996. The carrier repeatedly assured the consignee that it was locating the goods but never informed them of any loss, and the consignment was never delivered. Veljan Hydra filed a consum…

Mis. Amtek India Ltd. purchased plant and machinery and was assessed a penalty under Section 78(5) of the Rajasthan Sales Tax Act, 1994 on the ground that the invoice and delivery challan dates did not match, leading the Assessing Officer to deem the documents non‑genuine. The assessee successfully challenged the penal…

Mahavir filed a second appeal against a decree, but the Punjab and Haryana High Court allowed the appeal without formulating any substantial question of law, contrary to Section 100 of the Code of Civil Procedure, 1908. The Supreme Court examined whether the High Court was obliged to state and hear the appeal on a subs…

Leela Singh was appointed as a lineman in the Punjab State Electricity Board on the basis of an experience certificate that was later alleged to be forged. While a vigilance inquiry was pending, she obtained relief from the Board's Administrative Member, who allowed her continuation in service with a deduction of one y…

The appellants, a sick industrial company and its guarantor, sought to enforce a personal guarantee for a loan after the company defaulted. The respondent invoked Section 31(1)(aa) of the State Financial Corporations Act, 1951, while the guarantor claimed protection under Section 22(1) of the Sick Industrial Companies …

The appellant, Malleshippa, was convicted of murder, kidnapping and concealment of dead body under Sections 302, 364 and 201 IPC based on the testimony of the deceased's mother and wife and police officers. The body was highly decomposed, headless and handless, and its identification relied solely on underwear and a wa…

The Commissioner of Central Excise issued a show‑cause notice alleging that Mis Frick India Ltd. had undervalued compressors and overvalued the accessories supplied separately, thereby evading excise duty. The assessee argued that the fly‑wheel, safety valve and filter were separate goods classifiable under their own t…

The State of Punjab entered into an agreement to take over a financially distressed school in 1983, stipulating that only staff with prescribed qualifications who were members at the time of the policy decision would be retained. Teachers and laboratory assistants appointed between June 1983 and January 1984 filed a wr…

The Institute of Engineering and Rural Technology (IERT), a society registered under the Societies Registration Act, 1860, decided to close one of its centres, retrenching 105 employees. The employees filed a writ petition seeking their absorption under the Uttar Pradesh Absorption of Retrenched Employees of Government…

Mis. Dhampur Sugar (Kashipur) Ltd., a sugar manufacturer, applied for a licence to set up a power‑crusher unit for manufacturing rah from sugarcane. The application was initially rejected under the existing licensing policy, but after the State Government modified the policy on 15 November 2003, a fresh application by …

The Supreme Court examined appeals filed by teachers and staff of a proprietary school who claimed they were employees of Hindustan Copper Ltd (HCL) and Bharat Coking Coal Ltd (BCCL) and sought mandamus to compel payment of salaries and pay parity with clerks of the companies. The Court held that HCL and BCCL merely pr…

The All India Federation of Tax Practitioners challenged the levy of service tax on chartered accountants, cost accountants and architects under the Finance Acts of 1994 and 1998, arguing that such tax fell within State List Entry 60 (taxes on professions) and was barred by Article 276. The Supreme Court examined the c…

The petitioners, a joint‑venture of You One Engineering & Construction Co. Ltd., entered into a contract with the National Highways Authority of India (NHAI) that contained an arbitration clause providing for a three‑member tribunal. Each party would appoint one arbitrator and the two party‑appointed arbitrators would …

The State of Maharashtra prosecuted fifteen accused for a violent incident in which two persons were killed and three injured. The trial court convicted five of them under Section 302 IPC (murder) with life imprisonment and others under Sections 324 and 452 IPC. The Bombay High Court acquitted the accused of the murder…

The plaintiff, Anoopi Shahani, leased premises to Ajit Sachdeva who died; his wife, Santosh Ajit Sachdeva, succeeded as tenant and allegedly sublet the premises to a company in which she held a majority of shares. The plaintiff filed an eviction suit under s.13(1)(e) of the Bombay Rents, Hotel and Lodging Houses Rates …

The Canteen Mazdoor Sabha filed a civil appeal challenging a Jharkhand High Court decision that set aside an Industrial Tribunal award granting canteen workers the same pay scales as MECON’s VIP Guest House and Tea Club employees. The core issue was whether a master‑servant (employer‑employee) relationship existed betw…

Balbir Singh and Paljit Kaur were charged under Sections 3, 4, 5 and 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and Sections 25 and 26 of the Arms Act, 1959 for offences alleged to have occurred on 5 December 1992. The Designated TADA Court, on 19 April 1997, held the proceedings non est…

The accused were stopped by a police patrol team on a public road after an informer disclosed that they possessed opium. The police, aided by senior officers, searched the scooter and recovered opium, leading to conviction under Section 17 of the NDPS Act. The accused appealed, arguing that the conviction was invalid b…

Manubhai Atabhai and his brothers attacked the complainant's son, Danabhai, during a dispute over a wall. Manubhai stabbed Danabhai in the stomach with a six‑inch knife, causing a deep wound that penetrated the liver, a vital organ, and the victim died instantly. The trial court convicted Manubhai under IPC s.304 Part …

The State of Uttar Pradesh appealed against a Allahabad High Court order that granted bail to Surendra Kumar Solanki, an accused under IPC sections 363 and 366 and the SC/ST Act, 1989. While granting bail, the High Court issued sweeping criticisms of the State Government and police, alleging improper investigation desp…

The appellant Sukhdev was charged with murder of his brother‑in‑law Kishan Singh and with causing injuries to two other persons under Sections 302, 324 and 326 of the IPC. The incident arose from a quarrel after Sukhdev alleged that the deceased had set fire to a heap of chaff; he retrieved a knife and inflicted fatal …

The deceased Rubina, a married woman, died from severe burn injuries allegedly caused by her husband, sister‑in‑law and mother‑in‑law who were charged under IPC s.302 read with s.34 and s.498‑A. The trial court and the Bombay High Court convicted the accused primarily on two dying declarations recorded within a short i…

Kuldip Singh was injured when police fired on him during a terrorist chase on 7 July 1991, resulting in the loss of his right forearm. He received a special ex-gratia grant of Rs 20,000 and Rs 3,378 for medical expenses under a 1991 government notification that fixed a ceiling for such relief. Ten years later he filed …

A ten‑year‑old boy was fatally run over by a bus driven at high speed by the appellant. The trial court convicted the driver under Section 304 Part II of the IPC for culpable homicide not amounting to murder, imposing five years' rigorous imprisonment, a decision affirmed by the Kerala High Court. On appeal, the Suprem…

The deceased's father and brother died after touching a live electric wire that the accused, Chittarmal, had allegedly fixed near a field. The prosecution alleged that the wire was placed with the intention to kill the father, leading to a conviction under Section 302 IPC by the trial court. The accused claimed the wir…

Krishna, Kaira and Sumera borrowed money from Chunua Chamar and later denied the debt. When the deceased went to lodge a police complaint, the accused assaulted him with lathis, causing his death. The trial court convicted them of murder, attempt to murder and assault under Sections 302, 307 and 323 IPC, and the High C…

The brothers Bachha Lal and others sued a Sales Tax Officer of the State of Madhya Pradesh alleging that he abused his powers to conduct illegal searches, revoked their sales‑tax registration and lodged a false criminal complaint under Section 353 IPC, leading to a malicious prosecution claim. The trial court held the …

The Chief Judicial Magistrate ordered the Central Bureau of Investigation (CBI) to investigate a theft of cash (Muddamal) and later rejected the CBI's request to recall that order. The CBI challenged both orders before the Gujarat High Court, which held the petition non‑maintainable, directing that the CBI should have …

Kulwant Singh and Awadh Singh were convicted under Section 302 read with Section 109 of the IPC for abetting the murder of Manji Singh by Uma Shankar, who shot the victim after being urged to do so. The appellants challenged the conviction on two grounds: that the eye‑witnesses were relatives of the deceased and theref…

Shri Narinder Singh, a daily‑wage mazdoor, was engaged by the Garrison Engineer (Utility) of Bhatinda, a Defence Department establishment, from 1 January 1985 to 15 January 1987 and was terminated on 16 January 1987. After about five years he filed a reference seeking regularisation, contending that he had rendered ser…

Continental Profiles Ltd appealed against the Commissioner of Central Excise challenging the classification of electric valve actuators under the Central Excise Tariff Act, 1985. The appellant argued that, based on Guindy Machines and Audco India decisions, the actuators should fall under sub‑heading 85.43, whereas the…

Shankar Diwal Wadu killed his brother Mahu Wadu after a quarrel that arose when he attempted to force the widow Kamlibai into becoming his mistress. The victim intervened, prompting the accused to strike him with a wooden plank, resulting in death. The trial court convicted the accused under Sections 302 (murder) and 5…

The State of Andhra Pradesh amended its Police (Civil) Service Rules, 1998 to introduce an accelerated promotion scheme for Inspectors and Deputy Superintendents who performed outstanding work in anti‑extremist operations, irrespective of seniority. A group of police officers challenged the amendment as violative of Ar…

Shree Ram Mills Ltd. and Utility Premises (P) Ltd. entered into two development agreements for a parcel of land, the first for 1.20 lakh sq.ft. of FSI and the second for a reduced area. A Memorandum of Understanding (MoU) dated 19‑Jan‑2005 was later executed to settle all disputes, with the respondent receiving a parti…

The appellant, son and legal heir of a deceased partner in a partnership firm, sought appointment of an arbitrator under the arbitration clause of the partnership deed after the firm failed to render accounts. The Allahabad High Court dismissed the application, holding that the arbitration agreement did not bind the he…

Federal Bank Ltd. and other banks challenged notices issued by the Kerala tax department demanding sales tax on the auction sale of gold and other valuables pledged as security for loans. The banks argued that such sales were not "sales" within the meaning of the Kerala General Sales Tax Act, 1963 and that they did not…

The petition concerned a kidnapping for ransom where the victim was abducted in Lucknow (U.P.), ransom demands were made in Haldwani (Uttarakhand) and the bodies were recovered in Unnao (U.P.). The FIR was lodged and investigation commenced at Haldwani. The question before the Supreme Court was which court had territor…

Vinod G. Asrani and three others filed writ petitions challenging their prosecution under the Maharashtra Control of Organized Crime Act, 1999 (MCOCA), arguing that no approval under s.23(1)(a) was obtained for investigating Asrani and that the subsequent sanction under s.23(2) was therefore invalid. The High Court exa…

The Supreme Court reviewed the conviction of the father‑in‑law, mother‑in‑law and others for murder under Sections 302 and 34 of the IPC, which was based solely on the victim’s dying declaration that they set her on fire over a dowry dispute. The Court reiterated that a dying declaration can support a conviction only i…

Mis Sahara India and others filed a suit for possession against M.C. Agarwal HUF. The trial court, after several adjournments, decreed the suit despite the defendants' non‑appearance and without setting them ex parte. The defendants appealed, but the Delhi High Court dismissed the appeal by a non‑reasoned order, not ad…

The Supreme Court upheld the decree of divorce granted to the husband on the ground of cruelty under the Hindu Marriage Act, 1955. The husband alleged that his wife repeatedly demanded money, denied food, threatened him and the children, and physically abused the children, culminating in the death of three children. Th…

The Union of India sought permission to modify the National Maternity Benefit Scheme (NMBS) and introduce the Janani Suraksha Yojana (JSY), while the petitioner challenged the legality of discontinuing NMBS benefits. The Supreme Court had earlier ordered that NMBS could not be altered without its approval. After examin…

The case concerned an eviction petition filed by the landlord, a retired government servant, seeking possession of a flat for his and his family's bonafide personal need. During the pendency, the landlord and his wife fell ill and the Act was amended by inserting Section 23A(3), which allows retired government employee…

Hero Exports, a trader exporter, earned export turnover from trading goods and additional income from export incentives, miscellaneous income and interest. It claimed that 10% of this other income should be treated as an expense attributable to the export turnover and therefore deducted from the indirect costs under se…

The insured took a life insurance policy on 21 February 1987 and died on 6 July 1987. He had undergone an operation for adenoma thyroid four years earlier but answered "No" to the proposal question about any operation, constituting a deliberate misstatement. The Life Insurance Corporation repudiated the policy on 10 Fe…

Manohar and others appealed against a High Court order that allowed execution of a decree for possession of land, arguing that the execution petition filed on 10‑December‑2001 was barred by the 12‑year limitation period under Article 136 of the Limitation Act, 1963. The decree, passed in a second appeal, granted posses…

The case arose from a consent decree dated 20 July 1964 that allotted 6 acres 33 guntas of land to Sundrabai, the first wife of the deceased Trimukhrao, for her maintenance, with a restriction that the land would revert to the second wife and her son after Sundrabai's death. After Sundrabai died in 1992, her heirs clai…

The appellant, Abdul Raheem (Karnataka Electricity Board), entered into a sale agreement for land with Respondent No.1, who later sued for specific performance alleging the appellant's failure to perform. The trial court dismissed the suit, and the first appellate court upheld the dismissal, finding that the plaintiff …

The appellant D. Sailu was convicted under Section 302 IPC for stabbing the deceased during a quarrel over bore water. He appealed, arguing that the eyewitnesses were relatives of the deceased and thus unreliable, that medical evidence contradicted their testimony, and that the incident was a sudden fight falling under…

Raman Tech & Process Engineering Co. sued Solanki Traders for Rs.99,200 for supplied material and sought security and attachment before judgment under Order 38 Rule 5 of the CPC, alleging dishonoured cheques and that the defendants were moving machinery to evade a decree. The trial court dismissed the application, find…

The Commissioner of Customs alleged that Mis. Phoenix International Ltd (PIL) and its subsidiary Mis. Phoenix Industries Ltd (PIND) split the import of synthetic shoe components—uppers by PIL and soles, insoles and sock liners by PIND—to evade customs duty and obtain a concessional rate under Notification No. 45/94-Cus…

The Supreme Court heard Civil Appeals Nos. 1062‑1065 arising from a suit filed in 1947 for Rs 7,000, which involved an attachment before judgment of the defendant's dry fish and a third‑party claim over that fish. After more than six decades of litigation, the Court, with the parties' consent, ordered that the entire p…

The Fruit Commission Agents Association challenged the rent fixed by the Agricultural Produce Market Committee for shop‑cum‑godowns at the Gaddiannaram fruit market, alleging the structures were not permanent and the rent excessive. The High Court upheld the rent fixation, finding the Committee had considered various f…

The Supreme Court examined a dispute over the appointment of Vijay Shankar Shukla, a general‑category candidate who was placed 47th in a select list for officer posts at Aryavrat Gramin Bank, a Regional Rural Bank governed by the Regional Rural Bank Act, 1976 and subject to NABARD and Central Government directives. Shu…

The appellant appealed a decree directing execution of a sale deed for a plot that had been transferred to the deceased respondent No.3 (Tarabai). During the pendency of the second appeal, Tarabai died and her legal heirs (respondents 5, 6 and 7) were on record. The High Court dismissed the appeal against respondents 3…

Prestige Lights Ltd. obtained an Rs.85‑lakh loan from State Bank of India secured by mortgage of its land and building. After defaulting, the bank served a notice under Section 13(2) of the Securitization, Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and later threatened possession…

A bus with a statutory capacity of 42 passengers was overloaded with about 90 persons and met with an accident, causing 26 deaths and 63 injuries. Claimants filed compensation claims under Section 166 of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal awarded compensation to all claimants, holding …

The Supreme Court examined the appeal of three accused (A1, A2, A3) convicted of murder and assault under Sections 302 and 341 IPC. The appellants claimed they acted in private defence, arguing that the injuries they sustained indicated they were the aggressors. The Court held that the number of injuries is not a relia…

The State of Uttar Pradesh appealed against a High Court order that allowed Lalloo Singh to retain a tractor trolley seized by forest officials under the Wildlife (Protection) Act, 1972. The seizure occurred because the trolley was used to load sand from the Yamuna river bed inside a sanctuary. The trial magistrate had…

Oil & Natural Gas Corporation Ltd., a central government entity, filed a writ petition under Article 226 against the City and Industrial Development Corporation of Maharashtra (CIDCO), a state entity, seeking execution of a lease agreement for possession of land plots. The Bombay High Court dismissed the petition, hold…

Sandeep Polymers Pvt. Ltd., a Nagpur‑based manufacturer, sued Bajaj Auto Ltd. for damages after the latter terminated a lifetime‑supply agreement, causing the plaintiff’s Nagpur plant to become idle. The defendants contended that four purchase orders contained an ouster clause confining all disputes to the Pune courts,…

The complainant filed a criminal complaint under Section 138 of the Negotiable Instruments Act against a company and its directors for dishonouring a cheque. The appellant, a director, argued that he was not a director at the relevant time and that the complaint failed to satisfy the statutory requirements of Section 1…

The appellant, Depot Superintendent HP Corporation Ltd., held a lease for a petrol pump in Kolhapur that expired in December 1989. It claimed renewal for 30 years under Section 7(3) of the Caltex (Acquisition of Shares of Caltex) Oil Refining Act, 1977, asserting that the renewal was automatic. The respondent, Kolhapur…

The appellants were convicted under Section 395 IPC for assaulting a complainant at a petrol pump and stealing cash. The trial court relied on eyewitness testimony and a test identification parade (TI parade) in which the accused were identified by two witnesses; the prosecution also recovered the stolen cash. On appea…

The deceased and his brother were attacked with lathis and gandasis by four accused, resulting in the deceased's death due to severe head injuries. The trial court convicted all four under Section 302 read with Section 34 of the IPC and also under Section 323 with Section 34. The High Court acquitted Jagat Paul and alt…

Hazarilal and his mother were tried for offences under Sections 304B and 498A of the IPC after Hazarilal's wife, Dashoda Bai, died by self‑immolation ten days after giving birth. The trial court convicted both of the accused, but the Madhya Pradesh High Court acquitted them of the dowry‑death charge (304B) and upheld o…

The State of U.P. appealed against the Allahabad High Court’s judgment acquitting three of six accused in a murder case. The deceased, Yadunath Chauhan, was allegedly attacked by six men, two with spears and four with lathis, on the exhortation of Ram Prasad, resulting in his death. The trial court convicted all six un…

The dead body of a seven‑year‑old boy was recovered from a well; he had last been seen with the accused, Jai Prakash, who was alleged to have animosity towards the victim’s family and a motive to use the child to facilitate a sexual assault on a woman. The trial court convicted the accused under Sections 302, 364 and 2…

The appellant Lala Ram and others were convicted under Section 302 read with Section 34 of the Indian Penal Code for the murder of Prabhu and Raghuveer, who were attacked by a large group. The High Court upheld the conviction based on the testimony of PW‑3, who gave water to the dying victims, and PW‑4, a relative of t…

Adhunick Food Products Ltd. manufactures cereal‑based "puffs" that it supplies to the Integrated Child Development Scheme (ICDS) and sells under the brand "Bonton". The Central Excise Department issued a show‑cause notice alleging mis‑declaration of the product as "prasad/prasadam" and demanded Rs 2.31 crore in duty, a…

The decree holder obtained a final decree against the judgment debtor in a partnership dissolution suit filed in the District Court of Gwalior. While executing the decree, the court issued restraint orders (19 Mar 2003 and 7 Jul 2003) preventing a third‑party occupant and a bank from handing over possession and documen…

Keshar Singh, a rifleman discharged from the Army in 1986, was diagnosed with schizophrenia. The Medical Board concluded that the disorder was neither pre‑existing nor attributable to military service. The High Court, relying on para 7(b) of Appendix II of the 1961 Pension Regulations, held that the disease was deemed …

The case concerned the interpretation of Regulation 2.7(d)(iv) of the Central Electricity Regulatory Commission (Terms & Conditions of Tariff) Regulations, 2001, which prescribes a 6% escalation factor for revising operation and maintenance (O&M) charges and allows a deviation of up to 20% (i.e., 4.8% to 7.2%) to be ab…

Peeka Y Re‑rolling Mills (P) Ltd., a registered dealer under the Kerala General Sales Tax Act, 1963, purchased steel ingots that were exempt from tax under a notification issued under Section 10 of the State Act. The State assessed purchase tax under Section 5A on the same ingots, arguing that no tax had been collected…

The Diploma Engineers Sangh, representing diploma‑holder Junior Engineers, challenged a 2003 office memorandum that prescribed an interview as the qualifying examination for promotion to Assistant Engineer under the Uttar Pradesh Service of Engineers (Building and Roads Branch) Class II Rules, 1936. The petitioners arg…

Palitana Sugar Mills Pvt. Ltd. filed a contempt petition against the State Government of Gujarat and its officers for refusing to implement the Supreme Court's 15 October 2004 order granting non‑agricultural (residential) permission over certain government lands. The petitioners alleged that the respondents deliberatel…