Judgments of 2007

A public‑interest writ petition was filed in the Allahabad High Court alleging that the Company Bagh, a public park, had been converted into a lease‑hold property with illegal constructions in violation of the Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975 and the Uttar Pradesh…

The appellant, a cooperative society registered under the Kerala Co-operative Societies Act, purchased milk from its members and distributed it. The respondent worked as a milk tester for two hours daily and was paid a fixed monthly wage of Rs.350. He claimed minimum wages under the Minimum Wages Act, 1939, and the Dep…

The appellant, a retired income‑tax officer, was facing a departmental inquiry whose charges he contested before the Central Administrative Tribunal (CAT). He sought an early hearing of the CAT proceedings and the release of his pension, obtaining a direction from the High Court for the same, which the CAT ignored. On …

The appellant, the husband of Leelabai, was convicted of murdering his wife who was found dead in their matrimonial home. A post‑mortem revealed multiple ante‑mortem bruises and contusions, and the medical officer opined that death was caused by asphyxia (throttling). The appellant contended that the absence of a fract…

The appellant, Mangilal, a Mines Foreman Grade‑II who held a diploma in mining and later obtained a degree, sought direct promotion to the post of Assistant Mining Engineer under the Rajasthan Mines and Geological Service Rules, 1960. The Rules stipulated that promotion to Assistant Mining Engineer could only be made f…

The State of West Bengal issued the West Bengal Rice and Paddy Control Order, 1997 under the Essential Commodities Act, 1955, containing clauses 9 and 10 that regulated storage, transport and export of rice and paddy. A writ petition challenged these clauses as being inconsistent with the export‑import policy framed un…

The respondent, a jeweller, insured his jewellery against theft with National Insurance Co. Ltd. The policy contained an exclusion clause that denied cover for theft by a "customer" of property "entrusted" to them. An unknown customer entered the shop and stole jewellery. The insurer denied the claim invoking the exclu…

The appellant, owner of a flat, had temporarily moved to her brothers' premises after a severe burn injury and let the flat to the respondent on a licence basis. She later sought eviction of the respondent, claiming a bona fide personal need for her own flat for herself and her nephews/niece. The Trial Court dismissed …

S.T. Ramesh, an IPS officer with a career marked by "very good", "excellent" and "outstanding" grades, was assigned an "average" rating with adverse remarks in his Annual Confidential Report for the 150‑day period of 16 Oct 1996 to 15 Mar 1997. He petitioned the Central Administrative Tribunal under the Administrative …

The petitioners, the State of Maharashtra, appealed against a Bombay High Court judgment that upheld the appointment of graduate teachers holding B.Ed. qualifications as "trained teachers" in primary schools up to the 7th standard. The respondents, a group of private school teachers, had been re‑classified in 2001 as "…

The respondents were initially recruited as Mechanics (Auto) in the Auto Workshop of the New Delhi Municipal Council (NDMC) and were paid under the Shiv Shankar Committee pay scale, which applied to the Electrical Wing. They were later promoted to the post of Assistant Engineer (E & M), and NDMC contended that this pos…

The appellant Kamala S. was charged under Section 138 of the Negotiable Instruments Act for issuing a cheque that was dishonoured for insufficient funds. She contended that the cheque was drawn to settle the balance of a property sale, not to discharge any debt. The trial court found her defence probable, rebutted the …

The appellant, S.M.S. Pharmaceuticals Ltd., filed a complaint under Sections 138 and 141 of the Negotiable Instruments Act alleging that a cheque issued by the respondent company was dishonoured. The complaint named the company, its Managing Director, and Director Neeta Bhalla, asserting that the directors were activel…

The appellant, a landlord, had taken loans from the respondent, a tenant, and later entered into a written agreement described as a sale of the same property for Rs.45,000, with Rs.15,000 paid as advance. The respondent sued for specific performance under Section 20 of the Specific Relief Act, 1963, after the appellant…

The appellant, Bharat Bone Mill, manufactures crushed bone and argued that the product should be classified as a fertilizer and therefore exempt from Uttar Pradesh sales tax under the state's exemption notifications. The State had earlier exempted fertilizers (including chemical fertilizers) but later taxed "bone to co…

The appellant, Chintamani Ammal, claimed a share in agricultural land that was part of a joint Hindu family after her father, Kesava Gounder, died in 1943. She alleged that her father had expressed an intention to sever his joint family status before death, relying on oral testimony of her aunt. The trial court held th…

Allahabad Bank entered into agreements to purchase land and construct a 29‑flat building in Calcutta. After completing the building, the bank sought permission to sell the land under the Urban Ceiling and Regulation Act, 1976, but the Competent Authority rejected the application, deeming the land excess vacant land ves…

The case involved a tractor classified as a "goods carriage" that was carrying a passenger who died in an accident. The deceased's dependents filed a claim under the Motor Vehicles Act, 1988 seeking compensation from the insurer, New India Assurance Co. Ltd. The Motor Accident Claims Tribunal and the Allahabad High Cou…

The appellant, Bhandari Construction Company, sold an office space to the respondent, Narayan Gopal Upadhye, for Rs.7,75,000 as per a written agreement dated 27‑7‑1997. The respondent paid Rs.5,00,000 by cheque but claimed to have paid the remaining balance, including Rs.4,00,000 in cash, for which no receipt or docume…

The Punjab State Warehousing Corporation, a statutory body governed by the Punjab Warehousing Corporation Act, 1957, issued a circular on 23 January 2001 purporting to regularise state employees. Respondent No.1, Manmohan Singh, was appointed on a contract basis, his contract was later not renewed and his services were…

The deceased Bangaru Raju died while driving a tractor owned by his wife, Smt. Gottumukkala Venkata Lakshmi, which was insured by National Insurance Co. Ltd. The claimants filed a petition under the Workmen's Compensation Act, 1923 seeking compensation from both the owner and the insurer. The High Court held that no aw…

The appellants sold land to the respondents by a deed dated 29‑11‑1966, which was registered on 17‑12‑1966. On the same day the respondents executed a separate agreement of reconveyance, promising to return the land after five years upon receipt of the purchase price. The respondents failed to reconvey, leading the app…

The appellant entered into a sale agreement on 19 July 1981, paying Rs 50,000 as advance with the balance due by 25 February 1982, and a separate agreement stipulated forfeiture of the advance on default. Before the sale deed could be executed, a notification under Section 4(1) of the Land Acquisition Act, 1894 was iss…

The State of Manipur appointed several individuals as Mandols, Process‑Servers and Zilladars in its Revenue Department without any recruitment rules and without the knowledge of the State Government. The appointments were made on a temporary basis, no records were kept, and the Revenue Commissioner later denied making …

Lachhman Dass, a tenant who had purchased a suit property from Jagat Ram and his wife, challenged a consent decree that granted a pre‑emption right to the daughter of the original owner, who had filed a suit for pre‑emption without impleading Dass. The Supreme Court held that the decree was void because Dass, who had n…

Raymond Ltd. sought to sell its cement division and applied to the Collector under Section 31 of the Indian Stamp Act, 1899 for pre‑assessment of stamp duty. The Collector, after valuation, assessed duty and, under Section 32, endorsed the deed of conveyance, after which the instrument was stamped and registered. The S…

The Supreme Court examined whether the Companies (Accounting Standards) Rules, 2006 – which made Accounting Standard 22 (deferred tax) mandatory – exceeded the Central Government’s rule‑making power under s. 642 of the Companies Act, 1956 and conflicted with the Act’s provisions on true‑and‑fair accounts, Schedule VI a…

The Supreme Court heard two appeals arising from orders of the Punjab & Haryana High Court. In Criminal Appeal No. 1608 of 2007 the Court considered the grant of anticipatory bail to Raninder Singh and others under Section 438(2)(i) of the Code of Criminal Procedure, 1973, and clarified that the court may impose a cond…

An 18‑year‑old girl, Anita, was allegedly lured by the accused into his house and raped. The trial court convicted the accused under Section 376 read with Section 511 of the IPC, a decision affirmed in part by the High Court. On appeal, the Supreme Court examined the medical evidence and found no injuries, no semen, an…

The State of Uttar Pradesh appointed the U.P. Forest Corporation as its agent to trade in tendu leaves. Under the Uttar Pradesh Krishi Utpadan Mandi Act, a market fee is payable by traders, and a proviso in Section 17(iii)(3) makes the trader liable even if the fee is not realised from the purchaser. The Corporation ag…

The Supreme Court examined whether Short Service Commissioned Officers transferred from the Army to the CRPF could have their previous Army service counted for seniority under Rule 8(b)(i) of the Central Reserve Police Force Rules, 1955. The Union of India argued that the rule does not allow such counting, while the of…

The respondent, convicted of murder and sentenced to life imprisonment, applied for release on probation under the Madhya Pradesh Prisoners' Release on Probation Act, 1954. The State issued a circular on 3 August 2005 stating that convicts whose bail applications were rejected and whose appeals were pending could not e…

R.J. Shah appealed to the Himachal Pradesh High Court against a judgment of a single judge of that court, invoking the Letters Patent of the former Lahore High Court under Clause 9/10. The High Court held that the Lahore Letters Patent did not apply to Himachal Pradesh, that no appeal under those clauses was maintainab…

The land of Survey No. 1042/2, belonging to the Karikkode Sastha and Vishnu Temple managed by the Cochin Devaswom Board, was alleged to be encroached upon by respondents 3 and 4. The High Court directed the Board to take possession and allowed the encroachers to sue for title, which they did, later entering into a comp…

The State of Maharashtra detained Mehamud under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act, 1981, labeling him a "dangerous person" on the basis that he was involved in fourteen criminal cases and several pending offences under IPC Chapters XVI, XVII and the Arms…

The appellant, Kishori Lal, was convicted under Section 306 of the IPC for abetment of his wife Rajkumari's suicide. The Supreme Court examined whether the prosecution had established any act of incitement or assistance by the husband, as required under Section 107 IPC. It held that "abetment" requires direct or indire…

The State of Madhya Pradesh charged Chamru and Geetabai with the quadruple murder of a family, alleging the accused acted out of a land dispute. Three child witnesses identified the accused in a Test Identification Parade, leading the trial court to convict Chamru (death) and Geetabai (life imprisonment). On appeal, th…

The Commissioner of Central Excise issued show‑cause notices to Chennai Petroleum Corporation Ltd (CPC) demanding excise duty on Refinery Fuel Oil (RFO) used to produce naptha, sulphur and electricity. CPC, a government‑owned refinery declared a "deemed warehouse", argued that naptha and sulphur are petroleum products …

Data Access (India) Ltd issued two cheques to Bharat Sanchar Nigam Ltd which were dishonoured for insufficiency of funds. A complaint under Section 138 of the Negotiable Instruments Act was filed against the company and its directors, including the appellant N. Rangachari. The appellant claimed he was an honorary chair…

The Supreme Court examined whether Rule 17 of the Jammu and Kashmir Distillery Rules, 1946—requiring licensees to pay 50% of the salaries of excise officers posted at their distilleries—constituted a valid fee or an impermissible tax. Mis. Gupta Modern Breweries contended that the rule exceeded the rule‑making power un…

Pradeep Singh, an acting Naik in the Indian Army, was absent without leave for 21 months. Upon his return, his acting rank was withdrawn and he was tried by a Summary Court‑Martial under Sections 39A and 116 of the Army Act, which sentenced him to dismissal. He challenged the conviction on four grounds: the officiating…

In J. Yashoda v. K. Shobha Rani, the appellant sought to admit photocopies of documents as secondary evidence. The High Court had marked the photocopies as secondary evidence, but the Supreme Court examined whether such copies could be admitted under Sections 63 and 65 of the Indian Evidence Act. The Court reiterated t…

The case concerned a government servant, T.V. Patel, who was penalised for alleged misconduct after a departmental inquiry. The disciplinary authority sought advice from the Union Public Service Commission (UPSC) and, after receiving it, imposed a penalty, attaching a copy of the UPSC advice to the final order. The Cen…

The State of Manipur advertised for two Assistant Government Advocate‑cum‑Assistant Public Prosecutor posts and conducted written and oral tests as directed by a High Court Single Judge. Subsequently, the State imposed a ban on direct recruitment and declaration of results for most departments, prompting the respondent…

The petitioner, a sub‑contractor, alleged that the respondent company mixed fly ash with gravel, made illegal deductions from its bills and fabricated expert reports, thereby cheating it and committing criminal conspiracy, breach of trust and other offences under the IPC. An FIR was lodged and the investigating officer…

Mis Crane Betel Nut Powder Works processed betel nuts by crushing them into small pieces and adding essential/non‑essential oils, menthol and sweetening agents. The company sought re‑classification of its product from Chapter 2107 (betel nut powder) to Chapter 0801.00 (betel nut powder known as supari) which carries ni…

Rupali, married to Biswajit Halder, alleged that her husband and in‑laws repeatedly demanded additional dowry items after the marriage. She committed suicide within seven years of marriage. The trial court convicted the appellants under IPC Sections 304B (dowry death), 498A and the Dowry Prohibition Act, imposing multi…

The appellant, Ramkripal, was convicted of rape under Section 376 of the IPC for forcibly having sexual intercourse with a woman who was collecting grass. The trial court, based on the victim’s testimony and medical evidence of perineal laceration and a torn hymen, found penetration and sentenced him to seven years’ ri…

Bajaj Hindustan Sugar & Industries Ltd sought to restrain Balrampur Chini Mills Ltd from establishing a sugar mill within 15 km of its proposed unit, as mandated by a Ministry of Industries directive. The suit was filed against the Union of India and its authorities, necessitating an application under Section 80(2) of …

The respondent applied for a compassionate appointment after his father's death, claiming he was not employed or had any family members in service. In reality, his mother was a teacher and his wife held a government post, facts he concealed. He was appointed as a typist in 2002, but the department terminated his servic…

The case involved three properties allotted to a Hindu joint‑family member (defendant No.2) who mortgaged them and later sold the equity of redemption to the appellant, Habib. The wife and minor sons of defendant No.2 challenged the sale, but the trial court upheld it and the decree became final. Subsequent suits quest…

The State of Bihar had undertaken, in an affidavit, to recruit and fill vacant teacher posts in its schools, giving priority to trained teachers. The State later claimed that the number of trained teachers was insufficient and that no selection test would be required, leading the petitioner to file a contempt petition …

The Supreme Court examined a High Court bail order that contained an extensive, reasoned discussion essentially declaring the prosecution case meritless. The Court held that while a bail order may include reasons, it must not prejudice the trial by making substantive findings on the merits. Detailed observations that a…

Amrit Agro Industries Ltd., a manufacturer of various namkeens, claimed that roasted peanuts and moongfali masala mazedar fell under Heading 21.08 and were therefore exempt from excise duty under Notification No. 4/97-C.E. The Central Excise Department accepted the exemption for aloo bhujia and chholey masala but class…

The case concerns the murder of Asha, who was found strangled and allegedly raped in a maize field. The prosecution relied on eyewitness testimony, medical evidence of rape and strangulation, and an extra‑judicial confession made by co‑accused Babu to a witness in the presence of the appellant Akhlaq. The trial court a…

Sterlite Industries imported a Fully Automated Sequential X‑ray Spectrometer and claimed classification under sub‑heading 9027.30 of the Customs Tariff Act, 1975, seeking a lower duty rate and a partial exemption under Notification 46/96. The Customs Department classified the equipment under sub‑heading 9022.19, imposi…

The appellant, Commissioner of Central Excise, challenged Home Ashok Leyland Ltd's claim of MODVAT credit for differential duty paid on inputs received in 1986‑87 and utilized in August‑December 1987. The revenue department argued that an amendment to Rule 57E, effective 15‑April‑1987, operated prospectively and thus b…

The appellant, a landholder, filed a return under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 in 1973-74 claiming he did not possess excess land. The Deputy Collector in 1976 upheld his claim and ordered the proceedings dropped, but no final statement under Section 11(1) …

The deceased was assaulted by a group of accused after a dispute over his auto and later died from the injuries. The trial court convicted the accused under sections 148, 448 r.w. s.149, 302/149 and 324/149 IPC; the High Court affirmed these convictions for some. On appeal, the Supreme Court examined whether the eviden…

Manjunath Chennabasapa Madalli was convicted by the trial court for the murder of his wife Sumithra under Sections 302 and 498A of the Indian Penal Code, based largely on circumstantial evidence and an alleged dying declaration. The Karnataka High Court set aside the 498A conviction but upheld the murder conviction. On…

The Supreme Court examined an appeal against a Karnataka High Court interim order that stayed execution of land acquisition awards pending the appellant’s deposit of 50% of the enhanced compensation, solatium, additional market value and interest, and allowed claimants to withdraw the amount. The appellant contended th…

The petitioner, Jyotsna Dwivedi, filed a writ petition under Article 32 of the Constitution seeking a mandamus directing the Union of India to promptly fulfil welfare packages promised to widows of Kargil war martyrs. The Supreme Court issued several directions, after which the Ministry of Petroleum and Natural Gas fil…

Bhavya Apparels Private Ltd appealed a customs duty assessment. The Customs Appellate Tribunal dismissed the appeal for failure to pre‑deposit Rs 3 crores as required under Section 129E of the Customs Act, 1962, and the Gujarat High Court affirmed that order. The Supreme Court held that Section 129E applies only when t…

The respondent, a wholesale biscuit dealer, was stopped while unloading goods when a vigilance officer detected irregularities and the Sales Tax Officer (Vigilance) levied tax of Rs.32,592 and a penalty of Rs.54,320 under Section 16‑D of the Orissa Sales Tax Act. The dealer challenged the officer's authority, arguing t…

M. Naga Venkata Lakshmi purchased a 167‑sq‑yd plot in an unapproved layout that was later incorporated into the approved Radha Krishna Nagar layout, where her plot was shown as a reserved open space. Her application for building‑plan sanction was rejected by the Visakhapatnam Municipal Corporation on that ground. She f…

Shiv Kumar Sharma and Santosh Kumar entered into a reciprocal agreement to exchange shops, gave each other vacant possession, but the sale deeds were never executed. Santosh Kumar sued for possession of his shop and a permanent injunction; the trial court granted both and the High Court, while confirming possession, al…

The State of Orissa appealed a High Court order that had allowed Mis. Tata Sponge Iron Ltd. to claim sales‑tax exemption under the Industrial Policy Resolution (IPR) 1992 and Notification SRO No.1091 of 1992. The company, classified as a large‑scale unit, had expanded its plant in 1997 and sought exemption on the basis…

The Union of India appealed against a High Court order that directed the Railway authority to lower the cut‑off marks for general‑category candidates so that they could be appointed to unfilled reserved (SC/ST) posts. The vacancies for the post of Gangman were advertised with reservation and category‑wise cut‑off marks…

The petitioner, an Executive Officer of Nagar Palika Parishad Muzaffarnagar, was transferred by the State Government to Mawana, District Meerut, and challenged the order alleging it was made at the behest of an MLA. The Allahabad High Court dismissed his writ petition, holding that the transfer was an exigency of servi…

The case concerned a Sanskrit teacher who resigned from Modern School on 17‑03‑1997. The school’s managing committee accepted the resignation on 19‑03‑1997, subject to the Director of Education’s approval, which was not received within the statutory 30‑day period, thereby deemed approved under Section 114A of the Delhi…

The respondent, a public servant, was convicted under the Prevention of Corruption Act and sentenced to 18 months' rigorous imprisonment. He appealed the conviction and, under Section 389 of the CrPC, sought suspension of the conviction; the Special Court granted it, and the High Court upheld the suspension. The State …

The tenant, Shri Mundri Lal, challenged an eviction suit filed by his landlord, Smt. Sushila Rani, under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, contending that the premises were a "new construction" and therefore exempt under Section 2(2) of the Act. The trial court held…

The appellants Jagdish, Devidayal, Mangoo and Thakurdas were charged with murder under IPC s.302 r/w s.34 for the death of Mansingh. The trial court acquitted them, finding contradictions in prosecution witnesses and noting that medical evidence did not support the ocular testimony regarding injuries on the back of the…

The appellant, an authorised dealer of Hindustan Lever Ltd, was alleged to have failed to furnish Form IX‑C required under the Bihar Sales Tax Rules to the purchaser, who filed a criminal complaint alleging offences under IPC sections 427, 384 and 420/34, claiming a malafide intention. A Judicial Magistrate took cogniz…

The appellant Jagannath and co-accused Prabhudayal stole wood, leading to an altercation in which Prabhudayal struck the deceased Ramsingh on the head with an axe, causing his death. Jagannath assaulted two witnesses, causing only simple injuries. The trial court convicted both under Section 302 read with Section 34 of…

The respondent, Ameerjan, a second‑division assistant in the Registrar of Firms and Co‑operative Societies, was alleged to have demanded a bribe of Rs 300 for issuing a certificate. He was charged under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988. The sanctioning authority, the Com…

The appellant, a director of Nagami Nicotine Pvt. Ltd., alleged that Dena Bank had inserted false information in its prospectus for a public issue, claiming a pending suit before the Debt Recovery Tribunal instead of the City Civil Court. He filed a criminal complaint alleging defamation and other offences against the …

A workman employed by Central Coal Field Ltd. died in harness on 23‑02‑1997. His son, Mohan Mahto, applied for a compassionate appointment under sub‑clause (iii) of Clause 9.5.0 of the National Coal Wage Agreement (NCWA V), which required that a male dependent aged 15 or above be kept on a live roster and appointed upo…

The petitioners alleged that the police in Maharashtra and Gujarat failed to register FIRs against two respondents for alleged communal speeches constituting cognizable offences and also failed to grant sanction under Section 196 of the CrPC. They sought a writ under Article 32 directing the police to register the FIRs…

The State of Maharashtra charged Raju Bhaskar Potphode with murder under Section 302 IPC for allegedly stabbing Sunil Gore during a cricket match dispute. The trial court convicted Potphode based primarily on the testimony of PW‑2, a close relative of the deceased, despite other witnesses recanting their statements. On…

Ramesh Chand was engaged as a casual labourer for a specific microwave project and worked for more than 240 days before the project was completed and the office was abolished. He challenged his termination, arguing that it violated the mandatory requirements of Section 25-F of the Industrial Disputes Act, 1947. The Ind…

The Rajasthan Public Service Commission (RPSC) conducted the Rajasthan Judicial Service examination for Munsiff‑Magistrate posts and selected candidates, reserving 20% of vacancies for women category‑wise as a horizontal reservation under Rule 9(3) of the Rajasthan Judicial Service Rules. Several male candidates, inclu…

Rizwan Akbar Hussain Syyed was arrested for offences under the IPC and was released on bail by the Additional Chief Metropolitan Magistrate on 10 February 2006 upon furnishing a Rs 10,000 surety, without any specific conditions. The complainant filed an application for cancellation of bail, and a notice was served; the…

The petitioners, a private firm (Caterpillar) and a public sector enterprise (Bharat Earth Movers Ltd.), challenged a series of Government Office Memoranda that granted purchase preference to public sector enterprises (PSEs) in procurement of earth‑moving machines by coal‑field companies. They argued that the substitut…

The Commissioner of Agricultural Income Tax appealed against a Kerala High Court order that set aside the findings of the Assessing Officer and the Agricultural Income Tax Appellate Tribunal, which had estimated income from 60.79 acres of coffee. The High Court had decided, on a reference under Section 60 of the Kerala…

The respondent, an Assistant Commandant in the CRPF, sought promotion to Second‑in‑Command on the ground that his service record was similar to that of a colleague, R.S. Virk, who had been promoted after his Confidential Report (CR) for one year was upgraded from 'good' to 'very good' by the Departmental Promotion Comm…

The appellant Manjappa was convicted for voluntarily causing grievous hurt (IPC s.325) and simple hurt (IPC s.323) in 1997, receiving a cumulative sentence that was reduced by lower courts to one and a half months. He appealed to the Supreme Court seeking probation under CrPC s.360/361, arguing that the offence was his…

The petitioner, Delta Mechcons, entered into four sub‑contracts for a power‑plant project with the respondent, Marubeni. The contracts contained an arbitration clause stipulating that each party would appoint one arbitrator and the two would jointly select a third arbitrator as chairman, who must not share the national…

The Supreme Court examined whether Mis. Hyundai Heavy Industries Co. Ltd., a Korean non‑resident, had a Permanent Establishment (PE) in India for a turnkey contract to design, fabricate, install and commission an oil platform for ONGC. The assessee argued that the contract was divisible, that the design and fabrication…

The Commissioner of Income Tax, Udaipur assessed Hindustan Zinc Ltd. for the AY 1996-97, adding Rs 27.08 crore to income because the company wrote down its closing stock of zinc concentrate to the net realizable value based on the London Metal Exchange (LME) price, which was lower than the weighted average cost. The co…

Aashirwad Films, a distributor of Hindi movies in Andhra Pradesh, challenged the Andhra Pradesh Entertainment Tax Act, 1939 which imposed a 10% tax on Telugu films and a 24% tax on non‑Telugu films, alleging discrimination. The petition under Article 32 argued that the classification based solely on language violated A…

The case concerned the murder of Harbans Kaur and alleged criminal trespass and unlawful assembly by five police officers, of whom two (Surjit Singh, son of Gian Singh, and Daljit Singh) appealed. The trial court and High Court had convicted the appellants under Sections 302, 148, 149 and 450 of the IPC. The Supreme Co…

The appellant Alavi Haji filed a complaint under Section 138 of the Negotiable Instruments Act alleging that the respondent Palapetty Muhammed had failed to pay a dishonoured cheque. The complaint stated that a notice was sent by registered post but was returned with an endorsement that the addressee was abroad, withou…

The appellant, Kamakshi Builders, entered into a partnership with the owner of a property (Respondent No.3) and, through an arbitration award, acquired ownership of the premises that had been leased to Ambedkar Educational Society (Respondent No.1). The society claimed title to the property on the basis of an alleged o…

The Supreme Court examined appeals by the Kerala State Electricity Board (KSEB) against the High Court’s enhancement of compensation for fruit‑bearing trees cut to lay a 110 kV electric line. The Board had originally determined compensation under Section 10 of the Telegraph Act, 1885, using a 5% annuity rate, but the H…

The testator, Nerode Chandra Vasu Mullick, executed a will bequeathing his immovable property to his son Hamir Chandra Vasu Mullick for life, with further appointments to his sons, grandsons, or, failing male issue, to daughters or their sons. The will contained clauses allowing conversion of the property and an option…

Budhsingh was convicted for murder under Sections 302/34 and 307/34 of the IPC. He appealed to the Supreme Court alleging that the FIR was not ante‑timed, that the investigation was defective, that the ballistic evidence was unreliable, and that the post‑mortem timing and lack of blackening of the wound cast doubt on t…

The Supreme Court examined the practice of appointing ad‑hoc teachers in Bihar universities without any sanctioned posts. It held that such appointments violate Article 14 of the Constitution and the Bihar State University Act, 1976, which requires recruitment for sanctioned vacancies to be made by the University Servi…

The plaintiff, Narain Prasad Aggarwal, claimed ownership of a parcel of land that had been auctioned in 1859 and subsequently passed down through his ancestors. The State of Madhya Pradesh asserted that the land was Nazul land held by the government on lease to the plaintiff's predecessor, Putri Sethani, and that the S…

The Bidhannagar Welfare Association, whose members occupied lands and buildings in Bidhannagar Municipality, challenged the West Bengal Central Valuation Board (Amendment) Act, 1994, which altered the procedure for municipal tax valuation by removing the pre‑decisional hearing and vesting review powers in a committee c…

The Commissioner of Income Tax appealed against Oriental Fire & General Insurance Co. Ltd, contending that the insurer could not claim deductions for a provision for taxation and a reserve for bad and doubtful debts. The Supreme Court examined the computation of income for insurance businesses under Section 44 of the I…

Sheel Kumar Roy, an Army serviceman who suffered from psychiatric illness, was repeatedly admitted to military hospitals and was on medical leave from July 1990 to July 1991. A Court of Enquiry under Army Rule 22 recommended that his period of absence be regularised as medical leave, but the commanding officer ignored …

Vibha Shukla, a sports teacher, was appointed on a temporary basis under the Uttar Pradesh Municipal Corporations Adhiniyam, 1959, with successive extensions before being terminated in 1980. She challenged the termination and sought regularisation of her services under section 16(GG) of the Uttar Pradesh Intermediate E…

The appellant, a Hindu Undivided Family, reported a long‑term capital loss on the sale of its one‑fourth share in a property and relied on a valuation report prepared by a registered valuer. The Assessing Officer, after adopting a higher valuation by the District Valuation Officer, levied a penalty under Section 271(1)…

The respondent, a Branch Manager of UCO Bank, was superannuated on 1 November 1996 after show‑cause notices were issued for alleged irregularities in sanctioning PMRY loans. A charge‑sheet was issued only on 13 November 1998, well after his retirement, and disciplinary proceedings were launched under Regulation 20(3)(i…

T. Ashok Pai, an individual taxpayer whose returns were prepared by a professional group at Syndicate Bank, filed revised returns after the tax department demanded better particulars. The department later initiated penalty proceedings under section 271(1)(c) of the Income Tax Act, alleging concealment of income. The In…

The case concerned a private family temple, Pechiamman Temple, whose management rights were disputed among two branches of the founding family. The plaintiff sought to invalidate the will of Lakshmanan Chettiar, arguing that the right to manage the temple (shebaitship) could not be transferred by testament. The trial c…

Ramesh Chandra Sharma, a manager of Punjab National Bank, was charged with negligence and misconduct in loan disbursement. The disciplinary authority proved the charges and dismissed him, but he superannuated before the order was finalized. The High Court substituted the dismissal with a order withholding his retiral b…

The appellant, Vijay Kumar Baldev Mishra, was charged under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and IPC for a gang‑related murder. A Review Committee, set up under the Kartar Singh guidelines, recommended that the TADA provisions were inapplicable because the offence was motivated by persona…

The appellant, Swamy Shraddananda (aka Murali Manohar Mishra), was convicted of murdering his wife, Shakereh, a wealthy woman who disappeared in May 1991. Investigations uncovered a wooden box in the backyard of their house containing skeletal remains identified through forensic, DNA and photo‑superimposition evidence …

The case concerned the inheritance of ancestral land of the Sidhu Jat community in Punjab. After the death of Relu Singh, his two widows – Sobhi and Raj Kaur – and his two sons succeeded to the estate. When the sons died without issue, the property was mutated in favour of the widows, and Raj Kaur, who had remarried he…

Ambica Industries, carrying on business in Lucknow, was assessed to central excise there and appealed to the Central Excise and Service Tax Appellate Tribunal (CESTAT) in Delhi, which has jurisdiction over Uttar Pradesh, Delhi and Maharashtra. The appellant filed a further appeal under Section 35G of the Central Excise…

The petitioners, the State of Uttar Pradesh and others, appealed against a High Court order that directed the State Government to create at least five State Consumer Forums, prescribe salaries and allowances for members, and grant retired High Court judges the same facilities as sitting judges. The Supreme Court examin…

The Union of India appealed against a decision of the Kerala High Court that had upheld the Central Administrative Tribunal’s order granting the respondent, A.N. Mohanan, promotion retroactively to 1 November 1999 despite a penalty of censure imposed during a pending departmental inquiry. The Court examined Rule 3.1 of…

The case involved two related suits concerning a plot of land: one for recovery of possession and a permanent injunction, and another for specific performance of an alleged oral agreement of sale. The plaintiff claimed the defendants had constructed a compound wall on his plot, while the defendants asserted that an ora…

The appellant, an aircraft engineer, claimed seniority for promotion to Deputy Chief Aircraft Engineer, arguing that he obtained the required approval qualification on 15‑Dec‑1993 while respondents 3‑17 had not. The respondents had been given conditional promotions in 1994 based on a policy decision to avoid stagnation…

The suit concerned partition of ancestral property where the plaintiff claimed a half‑share. The defendants, in their written statement, admitted the plaintiff’s entitlement but later sought to amend the statement to allege that the plaintiff and certain co‑defendants were illegitimate children and therefore ineligible…

Shiv Dass, a former Army Medical Corps officer, became 80% disabled in 1982 and was invalidated from service. He applied for a disability pension in 1983, which was rejected, and after an unresponded appeal he filed a writ petition in 2005. The Punjab and Haryana High Court dismissed the petition as belated. On appeal,…

The plaintiff filed a suit against Defendant No. 4, who claimed title to the land by adverse possession. The trial court dismissed the suit and the defendant did not appeal that decision. The First Appellate Court held that neither the plaintiff nor the defendant had acquired title, and the defendant then filed a secon…

Two members elected to the Goa Legislative Assembly were challenged on the ground that, at the time of filing their nomination papers, they held the offices of Chairman of the Goa Khadi and Village Industries Board and Chairman of the Goa State Scheduled Castes and Other Backward Classes Finance & Development Corporati…

The appellant, a wife, filed an FIR under Sections 498A and 406 IPC alleging dowry harassment and cruelty after leaving her matrimonial home. The husband filed a divorce petition, and the respondents moved the High Court to quash the FIR under its inherent power under Section 482 of the Cr.P.C. The High Court quashed t…

A seven‑year‑old child died in a lorry accident on 20‑Nov‑1994. The Motor Accidents Claims Tribunal awarded Rs 51,500 compensation, which the Karnataka High Court enhanced to Rs 1,52,000 and directed the insurer, Oriental Insurance Co., to indemnify the award. The insurer appealed, contending that the driver was not li…

The appeal concerned whether a State Consumer Disputes Redressal Commission can restore a complaint dismissed for default. The appellant argued that the Supreme Court’s decision in Jyotsana v. Bombay Hospital Trust denied such power to State Commissions, while the National Commission relied on New India Assurance Co. L…

The appellants challenged a second appeal allowed by the Andhra Pradesh High Court under Section 100 of the Code of Civil Procedure, alleging that the High Court failed to formulate a substantial question of law as required by the amended provision. The Supreme Court examined whether a second appeal can be entertained …

The State of Jharkhand appointed several Class III and IV employees, including the respondent Manshu Kumbhkar, without complying with the administrative instructions dated 3‑12‑1980, which required advertisement, a selection committee, and recruitment through the district employment exchange. The appointments were late…

The charitable trust Ekta Mahila Mandal constructed rooms and a playground on a 770 sq.m plot in the N‑7 sector of CIDCO, which was earmarked as a green belt under the development plan. The trust sought regularisation of the plot for a primary school, invoking Article 21A of the Constitution as a fundamental right to e…

The Tax Recovery Officer (TRO) filed intervention applications in a Special Court seeking priority payment of income‑tax dues from Mis. Killick Nixon Pvt. Ltd. after its assets were auctioned in execution of a decree in favour of Mis. Dhanraj Mills Pvt. Ltd., the notified party. The Special Court rejected the applicati…

The Central Power Distribution Co. challenged a suo moto order of the Central Electricity Regulatory Commission (CERC) that imposed Availability Based Tariff (ABT) and Unscheduled Interchange (UI) charges on the Simhadri thermal station of NTPC, alleging lack of jurisdiction and violation of natural justice. The Suprem…

The Central Bureau of Investigation appealed against the High Court's order granting bail to Deputy Commissioner of Police Pradeep Bhalchandra Sawant, who was arrested in the stamp‑paper scam and charged under the Maharashtra Control of Organised Crime Act (MCOCA) for allegedly facilitating the organised crime by delib…

The Supreme Court examined appeals by land owners whose lands in the villages of Harthala, Mukkarrabpur and Sonakpur were acquired by the Moradabad Development Authority under the Land Acquisition Act, 1894. The Land Acquisition Officer (LAO) had awarded compensation of Rs 80, Rs 17.05‑Rs 170 and Rs 11.59‑Rs 22 per squ…

The case involved a dowry‑related death of Meerabai, whose husband (appellant A‑1) and father‑in‑law (appellant A‑2, Sukhram) were initially convicted by the trial court of offences under Sections 304‑B and 498‑A IPC. The High Court set aside those convictions but convicted both of them for murder under Section 302 IPC…

The appellant, Pradeep Kumar, was charged under Sections 376 and 406 IPC for having sexual relations with the complainant on a promise to marry her. The complainant alleged that the promise was a false pretense to obtain consent, and the trial court framed charges which the appellant sought to discharge. The Supreme Co…

Ibex Gallagher Pvt. Ltd. assembles a solar electric power fencing system at various sites using a mix of duty‑paid and bought‑out components. The Commissioner of Central Excise held that the assembly creates a new product distinct from its parts, classifying it under tariff sub‑heading 8543.90 and levying excise duty, …

Mohd. Yaseen was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 and sentenced to one year of rigorous imprisonment. His appeal was dismissed and a revision petition before the Allahabad High Court was also rejected. He filed a petition under Section 482 of the Code of Criminal Proced…

The appellant, Maulana Naseeruddin, was charged under the Prevention of Terrorism Act, 2002 (POTA) and the IPC for allegedly conspiring to murder Hindu leaders by training youths in Pakistan. A confessional statement was recorded by the DCP under Section 32 of POTA on 7 November 2004, which the appellant retracted afte…

The Supreme Court examined a reference under Article 317 of the Constitution concerning Ms. Sayalee Sanjeev Joshi, a member of the Maharashtra Public Service Commission, who was arrested in connection with alleged malpractices in the 1999 examination. The Court considered four charges: protecting certain candidates, in…

The Supreme Court examined the Municipal Corporation of Delhi's (MCD) scheme for granting squatting/tehbazari/vending rights to street vendors, including its provisions on site identification, allocation, and regulation. Petitioners sought a fresh, independent survey of hawking sites, a directive to give preference to …

The appellant, Mis Arvind Constructions Co. Pvt. Ltd., entered into a 1991 agency agreement and irrevocable power of attorney with Mis Kalinga Mining Corporation, a partnership firm originally registered in 1949 and later re‑registered in 2005 under the same name. After the agreement expired in 2006, disputes arose and…

Kurmanchal Institute of Degree & Diploma (KIDDE), a study centre located in Nainital, was recognised by Mahatma Jyotiba Phule Rohilkhand University (MJPRU) to offer distance‑education diploma, certificate and degree courses. The university’s jurisdiction, as defined by Section 5 of the Uttar Pradesh State Universities …

The Commissioner of Income Tax, Pune appealed against a Bombay High Court judgment that had upheld the assessment of Shirke Construction Equipment Ltd. The issues were whether Section 80‑AB of the Income Tax Act applies to Section 80‑HHC and whether unabsorbed business losses under Section 72 can be set off against pro…

The plaintiffs, sons of the family Karta, sued the appellants for partition of two properties and for a decree directing the appellants to render accounts of a poultry‑tube manufacturing joint venture, claiming a 2/3 share in one property and a 4/9 share in the other. The appellants contended that the business was thei…

The petitioners, appointed as Assistant Deputy Educational Inspectors, were transferred to lower‑pay posts, resulting in loss of salary and seniority. They challenged the transfers before the Maharashtra Administrative Tribunal, which dismissed their applications, and the High Court later set aside the tribunal’s order…

The appellants, owners of 4 acres 10 guntas of land, were dispossessed after a notification dated 16‑03‑1979 and possession taken on 18‑05‑1979. The first award covered only 1 acre 5 guntas, and the remaining 3 acres 5 guntas were later found to belong to the appellants. A second notification was issued on 23‑12‑1991 a…

The appellant, a partnership firm, made a voluntary disclosure under the Voluntary Disclosure of Income Scheme, 1997 and received a certificate of immunity. Later, a search and seizure operation on the firm’s partners uncovered undisclosed income that the firm had failed to reveal in its VDIS application. The Commissio…

Ila Vipin Pandya, the widow of the deceased Vipin Pandya, filed a testamentary petition for letters of administration which was opposed by Smita Ambalal Patel who filed a caveat claiming creditor status. The High Court dismissed the caveat, but the matter proceeded to a civil suit where Patel quantified a claim of Rs.1…

The Bangalore Development Authority (BDA) introduced a self‑financing housing scheme and allotted 15 HIG houses to Syndicate Bank, which paid the price for 11 of them by May 15, 1989. Delivery of four houses occurred in 1989‑90, but the remaining 11 were delayed until January‑March 1997 due to contractor disputes. Synd…

Ashoka Kumar Thakur filed writ petitions challenging the 93rd Constitution Amendment (which inserted Article 15(5)) and the Central Educational Institutions (Reservation in Admission) Act, 2006. The Union of India argued that the matters raised substantial questions of law and constitutional interpretation, invoking Ar…

The appellants, accused under the Terrorist and Disruptive Activities (Prevention) Act (TADA) for allegedly undergoing terrorist training in Pakistan, providing monetary assistance and possessing a large quantity of arms, appealed to the Supreme Court against the denial of bail. They contended that no overt act was pro…

The Regional Institute of Medical Sciences (RIMS) promoted Dr. Taruni, a Medical Officer (SPM), to Assistant Professor in 1995, while Dr. Bhagyabati, also a Medical Officer, was promoted in 1998. Bhagyabati challenged Taruni's seniority, arguing that the SPM post was not a teaching post and therefore Taruni was ineligi…

The appellant, the Commissioner of Customs (Port) Chennai, appealed against the CESTAT order that excluded royalty and technical know‑how fees from the transaction value of capital goods imported by Mis. Toyota Kirloskar Motor Pvt. Ltd. for setting up an automobile plant. The dispute centered on whether such payments, …

The appellant Hatti Singh was convicted under Sections 364, 302 and 120(1) read with Section 34 IPC and Section 25 of the Arms Act for the murder of the deceased whose body was recovered after 14 days. The conviction was based on the recovery of the deceased's belongings from the appellant, his confession leading to th…

The respondents, senior officers of Mahanadi Coalfields Ltd., a government company, were recommended for promotion but were denied promotion because vigilance cases were pending against them, while their juniors were promoted. They filed writ petitions seeking notional promotion from the date their juniors were promote…

Satya Srinath, a former employee of Syndicate Bank, was absent from work due to illness and sought an extension of leave with a medical certificate. The bank deemed her to have voluntarily retired under Clause 17(a) of the Vth Bipartite Settlement and denied her pension under the Syndicate Bank (Employees') Pension Reg…

E.K. Bhaskaran Pillai, who joined the Kerala service in 1957, was promoted retrospectively effective 15 September 1961 after his juniors had been promoted, but he was not paid the arrears of salary. He filed a representation on 15 June 1972 and later O.P. No. 585 of 1975 seeking full monetary benefits from the promotio…

U.P. Power Corporation Ltd terminated two daily‑wage Chowkidars in 1979. The Industrial Tribunal held the termination illegal under s.25‑F of the Industrial Disputes Act, 1947 and s.6‑N of the U.P. Industrial Disputes Act, 1947, ordered their reinstatement and deemed them regularised after three years. The High Court d…

Gurmit Singh was employed as a daily‑wage chowkidar by the Director, Food and Supplies, Punjab from 1 June 1985 until his termination on 25 August 1986 without notice or compensation. He invoked the Industrial Disputes Act, 1947 before the Labour Court, which found he had worked more than 240 days and ordered his reins…

Mis. Virlon Textile Mills Ltd., a 100% export‑oriented unit manufacturing polyester yarn, sold its products against foreign exchange in the Domestic Tariff Area (DTA) under permission granted by para 9.10(b) of the Export‑Import Policy (1997‑2002). The Revenue issued a show‑cause notice demanding differential duty, arg…

The case concerned promotion of Junior Engineers in the Slum Wing of the Delhi Development Authority (DDA). The rules provided separate promotion quotas for graduate and diploma holders, requiring three years of service for graduates and eight years for diploma holders to be promoted to Assistant Engineer. The dispute …

Ghaziabad Zila Sahakari Bank Ltd., a cooperative society, paid ex‑gratia amounts to its employees in violation of circulars issued by the Registrar of Cooperative Societies. The employees filed an application under Section 6H of the Uttar Pradesh Industrial Disputes Act, and the Additional Labour Commissioner (ALC) ord…

The Milkmen Colony Vikas Samiti, whose dairy plots were allotted in Jodhpur in 1956, allowed their cattle to stray, creating health hazards and traffic risks for city residents. A public interest writ petition was filed under Article 226 seeking removal of stray cattle and relocation of the dairies outside the city. Th…

The first respondent filed a suit for partition of his undivided share in a property. The appellants, having purchased the undivided shares of the other co‑sharers through registered sale deeds, applied to be impleaded in the partition suit, claiming they were bona fide purchasers for value and entitled to the alienor'…

The dispute between Mis. Engineers Syndicate and the State of Bihar was referred to arbitration under an agreement. The arbitrator issued a lump‑sum award in favour of the syndicate without providing item‑wise reasons, i.e., a non‑speaking award. The Subordinate Judge set aside the award on the ground that it lacked re…

Raj Kumar Gupta filed a public interest writ petition under Article 32 alleging that frequent leakage of entrance examination question papers undermined confidence of students and parents. The Union of India and the Central Board of Secondary Education submitted a sealed report detailing security measures taken for var…

The husband filed a petition for divorce under Section 27(d) of the Special Marriage Act, alleging cruelty. The trial court decreed divorce, but the High Court set aside that decree. While the appeal was pending before the Supreme Court, the parties executed a Joint Memorandum of Settlement wherein the husband agreed t…

In Mis. Farwood Industries (P) Ltd. v. Commissioner of Central Excise, Chennai, the appellant challenged the classification and duty liability of certain goods under the Central Excise Tariff Act, 1985. The Assessing Officer and the Commissioner had affirmed the original assessment, but the appellant relied on the prec…

Suchitra Components Ltd. appealed against a Tribunal order that required it to pay excise duty from 1 March 1990. The appellant argued that, under the Central Excise Act, the liability should arise only from the date the show‑cause notice was issued on 29 August 1990. The Supreme Court referred to its recent decision i…

The Indian Council of Medical Research (ICMR) implemented the National Nutrition Monitoring Bureau project, funded by a year‑to‑year grant‑in‑aid from the Central Government. K. Rajyalakshmi was appointed to a temporary, year‑to‑year post on 1 April 1975. She sought regularisation of her services, and the matter was tr…

The appellants, a corporation, created two separate regions, Warangal and Karimnagar, and assigned the respondents as security guards in Warangal. After the bifurcation, a vacancy arose in Karimnagar and a junior employee, Mr. T.J. Reddy, who was lower on the combined seniority list, was promoted to Security Head Guard…

The respondents, originally appointed as Masters and later promoted to Lecturers, were provisionally posted as Headmasters from 1974 to 1978. When the State of Punjab later denied them promotion to Principal, Grade II on the ground that their provisional Headmaster posting caused them to lose their lien on the Lecturer…

The appellant, a tenant, held a parcha granted by the Collector under the Bihar Privileged Persons Homestead Tenancy Act, 1947. The respondents, claiming landlord status, filed a suit to set aside the parcha on grounds of fraud and lack of jurisdiction. The trial court decreed in favour of the respondents; the appellan…

The appellants, sons of Sher Singh, inherited land sold by their father to Bansi. They challenged the sale in a suit that was dismissed, but on appeal a declaratory decree was obtained in their favour. While the decree was pending, both Sher Singh and Bansi died, and the appeal was abated on 14‑Oct‑1977 because Bansi's…

The deceased, Vijay Singh Dogra, aged 33, died in a road accident caused by a parked truck violating traffic rules. His dependents filed a claim under Section 173 of the Motor Vehicles Act, 1988 for compensation. The Motor Accident Claims Tribunal dismissed the claim, attributing negligence to the deceased, but the Hig…

Guru Jambheshwar University terminated the services of Dharam Pal, an unskilled workman paid on a monthly basis, after closing its farming operations. The workman claimed that the retrenchment compensation paid under Section 25F(b) of the Industrial Disputes Act, 1947 was insufficient because the Labour Court had calcu…

Mis Khandaka Jain Jewellers entered into agreements to purchase two properties in 1983, but the vendors failed to execute sale deeds. The firm obtained specific performance decrees in 1994, after which the court executed the sale deeds in 1995 and sent them for registration. The Sub‑Registrar, invoking Section 47A of t…

The appellant applied for the post of Deputy Director (Agriculture) in Pondicherry under an advertisement that required an M.Sc. in Agriculture and two years of experience in extension work/soil/Input analysis, without specifying that the experience must be after the degree. The UPSC short-listed candidates, excluding …

The Bijli Cotton Mill, a unit of National Textile Corporation (NTC), ceased production in 1992 and its electricity supply was disconnected. The mill was placed under the Board for Industrial and Financial Reconstruction (BIFR) under the Sick Industrial Companies (Special Provisions) Act, 1985, and a scheme was approved…

M/s IDL Chemicals Ltd., a manufacturer of explosives, supplied goods to Coal India Ltd.'s collieries in several states through its consignment agents. The company claimed that dispatches from its Rourkela factory to the agents were merely stock transfers and not inter‑State sales under the Central Sales Tax Act, 1956, …

Hindustan Coca Cola Beverage Pvt. Ltd. paid warehouse charges to Pradeep Oil Corporation (POC) on which tax was deducted at source under Section 194C at 2%. The Assessing Officer held the company an 'assessee in default' for short deduction of tax, levying interest under Section 201(1A). The Tribunal and High Court uph…

The petitioner, Union of India, appealed against a Kerala High Court Division Bench order that directed it to grant Swatantrata Samman Sainik (SSS) pension to the deceased M.S. Mohammed Rawther with effect from 9 September 1989. The Division Bench had reversed a Single Judge’s direction to remand the matter to the Unio…

The respondent, a shipper of sugar imported from China, purchased a marine insurance policy which was later extended for inland destinations in India upon payment of an additional premium. The sugar, stored temporarily in sheds at Calcutta port, was destroyed by fire. The insurer denied liability, arguing the extension…

Haridas Das filed an interim application in Civil Appeal No. 7948/2004 making serious allegations of corruption and immorality against the Chief Justice of India and several other judges. The Supreme Court issued a show‑cause notice, and the applicant’s reply contained even more contemptuous statements, prompting the C…

The case concerned five Forest Rangers who were promoted to Assistant Conservator of Forests (ACF) in 2002, but were later given notional promotions with retrospective effect to 1994 by a 2004 government order. Directly recruited ACFs appointed in 1996 challenged this order, arguing that the 1999 amendment to Rule 5 of…

The respondent, a Director of the State Council for Educational Research and Training (SCERT) in Uttar Pradesh, was selected as Chairperson of the National Council for Teacher Education (NCTE) for a four‑year term or until age 60 under the National Council for Teacher Education Act, 1993. While serving, a State Vigilan…

The respondent, a constable in the Central Reserve Police Force, was invalidated after contracting pyogenic meningitis and suffering bilateral deafness while on duty. He applied for an invalid pension but was denied on the ground that he had not completed the ten years of qualifying service required under the Central C…

The case concerned agricultural land in Pune owned by a landlord who was a minor at the tiller’s day and later attained majority. The landlord served notice to terminate the tenancy under Section 31 of the Bombay Tenancy and Agricultural Lands Act, 1948, but failed to commence possession proceedings under Section 29 wi…

Geeta was appointed as Deputy Superintendent of Police on the basis of a Scheduled Tribe (ST) certificate that claimed she belonged to the Majhi tribe, a recognized ST in Madhya Pradesh. After her father's earlier ST certificate was cancelled, an inquiry was ordered and the High Level Caste Screening Committee found th…

The Supreme Court examined the death of Bakulbala, a married woman found dead at her matrimonial home, and the convictions of her father‑in‑law (Ananda Mohan Sen) and husband (Gouranga Mohan) under Sections 498A and 306 of the IPC. The prosecution proved that she had been subjected to repeated physical and mental cruel…

Florine D' Souza, a 96‑year‑old bedridden woman, executed a will bequeathing land to Apoline D' Souza (appellant) and John D' Souza (respondent). The appellant, unrelated to the testatrix, claimed the bequest was due to his service to her and applied for letters of administration under Sec. 276 of the Succession Act, 1…

The appellants, heirs of victims of a tractor‑trailer accident, filed claim petitions under Section 140 of the Motor Vehicles Act, 1988, seeking compensation from the vehicle owner and the insurer. The Claims Tribunal ordered both the owner and the insurer to deposit a fixed sum for each deceased. The insurer appealed,…

The Institute of Chartered Financial Analysts (ICFAI) offered a Chartered Financial Analyst (CFA) programme and the Council of the Institute of Chartered Accountants of India (ICAI) issued a notification stating that any Chartered Accountant (CA) who obtained the CFA qualification and did not surrender it by a prescrib…

The appellants challenged the price approved by SEBI for a public offer to acquire the minority shares of Hindustan National Glass and Industries Ltd., alleging that the valuation by the independent valuer did not comply with Regulation 20(5) of the Takeover Code. SEBI appointed an independent merchant banker, Patni & …

The State of Orissa appealed against the judgment that over‑retention charges collected by M/s Asiatic Gases Ltd. for gas cylinders were not part of the sale price under the Orissa Sales Tax Act, 1947. The assessee supplied medical oxygen and industrial gases in cylinders and allowed customers to use the cylinders on a…

The State Financial Corporation (SFC) initiated recovery proceedings against a debtor company under Section 29 of the State Financial Corporation Act, 1951. The company was later wound up and an official liquidator was appointed. SFC then filed a recovery citation against the guarantor, Ram Kripal Singh, under the Utta…

The appellant, a manufacturer of agarabathis, challenged an assessment order that taxed packing material as raw material. The First Appellate Authority excluded the packing material on 28‑03‑1992, but the Additional Commissioner later called for the case records on 16‑03‑1996, found the order erroneous, issued a show‑c…

The appellant, K. Krishna M.A. RAIHANY, applied for Indian citizenship by naturalization under Section 6(1) of the Citizenship Act, 1955. He alleged that no order had been passed on his application, while the Union of India and the State of Maharashtra contended that a communication dated 29 August 2006 from the Under …

The appellants, descendants of Data Ram, challenged the mutation of agricultural land in favour of respondent No.5, which was based on a purported Will of Ratni Devi, a daughter of the original owner. The Supreme Court held that the genuineness of the Will is a matter for a competent civil court and, since a suit on th…

The Special Deputy Collector (Land Acquisition) General, Hyderabad requisitioned land for defence purposes and offered compensation of Rs 4,000 per acre under the Requisitioning and Acquisition of Immovable Property Act, 1952. The claimants rejected the offer and an arbitrator was appointed, who awarded Rs 9,000 per ac…

The appellants (defendants in the earlier suit) challenged a Madras High Court order that, after allowing them to withdraw their 1973 suit without liberty to file a fresh suit, barred them from raising the defence that the conveyance deed was invalid. The Supreme Court examined whether such a withdrawal order constitut…

The Bihar Public Service Commission advertised for the post of District Fisheries Officer requiring a B.Sc. (Hons.) in Zoology. The petitioner, Kamini, held a B.Sc. (Hons.) in Chemistry with Zoology and Botany as subsidiary subjects and was initially called for interview due to a clerical error. Upon verification, the …