Judgments of 2007

Six persons formed an unlawful assembly and attacked Nellisetti Venu, resulting in his death by stabbing. The three appellants (A‑2, A‑3 and A‑6) were alleged to have caught hold of the deceased, while the other accused inflicted the fatal injuries. The appellants contended that they neither used weapons nor shared a c…

The appellant filed a suit for recovery of Rs.4.49 lakh and the respondent No.1 filed a separate suit for foreclosure of a mortgage against the same judgment debtor, respondent No.2. Both suits were decreed against respondent No.2, and execution proceedings were instituted, leading to the sale of the mortgaged property…

Alchemist Ltd., a company with its registered office in Chandigarh, submitted a proposal for a strategic partnership with State Bank of Sikkim as part of Sikkim's disinvestment of 49% equity. After an acceptance in principle, Alchemist deposited Rs 4.5 crore in Chandigarh, but the Sikkim government later refused approv…

Elkay International supplied chemicals to VHEL Industries Ltd., which issued three cheques that were later dishonoured. A complaint was filed against the company, its managing director, and other directors, including the appellant who had resigned from the board before the cheques were issued. The appellant sought to q…

The appellants, Bishnu Prasad Sinha and a co‑accused, were convicted of raping and murdering a 7‑8‑year‑old girl who was staying overnight in a travel agency’s waiting room. The prosecution’s case rested on the night watchman’s voluntary confession recorded under Section 164 of the CrPC, corroborated by circumstantial …

The appellant, a mechanic, lured a five‑year‑old girl, took her away and allegedly committed sexual assault, including intercourse through the rectum. The girl identified the accused the next day and a medical report corroborated the assault. The trial court convicted him under IPC sections 363, 376, 511 and 377, and t…

The appellant Ajay Bansal filed a summary suit under Order XXXVII of the CPC for recovery of Rs 2,93,987. The respondents applied for leave to defend under Order XXXVII Rule 3(5); the Civil Judge rejected the application, calling the defence sham, and immediately passed a final decree for Rs 2,83,987 with interest. The…

Virendra Kumar was tried for the death of his wife, Pushpa, and was initially convicted under Section 302 IPC for murder. The Allahabad High Court set aside that conviction and convicted him under Section 306 IPC for abetment of suicide, relying on a presumption under Section 113A of the Evidence Act despite no specifi…

The owner of a Maruti van, who was also the insured, died while driving the vehicle after it collided with a tree. The heirs filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeking compensation from the insurer, Oriental Insurance Co. Ltd. The insurer contended that the policy was a third‑party policy …

The case concerns the murder of Ram Singh by a group of five assailants armed with firearms and lathis. The son of the deceased, PW‑1, witnessed the attack, lodged a First Information Report (FIR) within about one and a half hours, and identified the accused. All three eye‑witnesses (PW‑1, PW‑2, PW‑3) testified, and a …

The assessee, Mis. Malviya Chemical & Pharmaceutical Pvt. Ltd., was granted an exemption under Section 4A of the Uttar Pradesh Trade Tax Act for production exceeding a fixed base‑production of 172.8 MT. In AY 1992‑93 it sold 382.125 MT and claimed exemption on the excess 209.325 MT, filing monthly returns and depositin…

Jai Fibres Ltd manufactures HDPE bags and had been classifying them under Chapter 63 of the Central Excise Tariff Act for the period 1 April 1992 to 15 October 1992, paying duty accordingly. Different High Courts were split on whether such bags should fall under Chapter 39 or Chapter 63, the Madhya Pradesh High Court h…

The Central Excise Department issued a show‑cause notice to Mis Brindavan Beverages Pvt. Ltd. (BBPL) alleging fraudulent availing of Small Scale Industry (SSI) exemption under Notification Nos. 175/86 and 1/93 in conspiracy with AMPL and PEL. The Commissioner of Central Excise dropped the proceedings, a decision upheld…

The case concerned a plot of land allotted to Respondent No. 1 under the U.P. Zamindari Abolition Act, 1950. The appellant, a co‑villager, challenged the allotment on the ground that the respondent was not land‑less and that procedural requirements were not complied with. The Collector cancelled the allotment, but the …

The appellant, an Assistant Mill Manager (AMM) in the Andaman & Nicobar Forest Department, sought promotion to Deputy Conservator of Forests (DCF) by claiming his post was equivalent to Assistant Conservator of Forest (ACF) and thus a feeder post under the Indian Forest Service (Appointment by Promotion) Regulations, 1…

Hardesh Ores Pvt. Ltd. and Sociedade de Fomento Industrial Pvt. Ltd. entered into extraction and purchase agreements with Hede & Co. containing a clause allowing the lessee to renew the lease every five years at its sole option. The lessees exercised the option in December 2001, but Hede & Co. denied renewal, leading t…

The State of Bihar appointed +2 lecturers, some of whom were untrained, and fixed separate pay scales for trained and untrained lecturers based on a Fitment Committee's recommendation. Untrained lecturers challenged this classification as violative of Article 14 of the Constitution, arguing that the distinction was arb…

The Greater Kailash Part‑II Welfare Association challenged the municipal sanction and various clearances granted to DLF Universal Ltd for converting the Savitri Cinema Hall into a mini‑cinema‑cum‑commercial complex, alleging that the plan would cause traffic congestion and violated parking standards under the Delhi Mas…

The appellants were convicted for the murder of Ramdas under Sections 302 and 149 IPC. The prosecution alleged that a group of seven persons, some armed with swords and a knife, assaulted the deceased, with accused No.2 delivering a fatal stab wound. The trial and High Courts held that a common object to kill existed d…

The assessees received large cash credits from a foreign donor and claimed them to be gifts. The Assessing Officer rejected this explanation, treating the amounts as income under Section 68 of the Income Tax Act, 1961. The Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal upheld this assessment…

The case concerned P.M. Rangasami, an officer of the Indian Economic Service, who claimed that the Central Administrative Tribunal (CAT) had directed his promotion to Higher Administrative Grade (HAG) based on his original seniority. The Union of India argued that the Tribunal’s order only required consideration of his…

The Commissioner of Central Excise, Indore appealed against the CEGAT order that held no excise duty was payable on the erection of boiler, membrane‑cell and solvent‑extraction plants assembled on site by Mis Cethar Vessels Ltd. The core issue was whether such assembly created immovable property or a new marketable com…

The petitioners, non‑graduate veterinary practitioners, challenged the applicability of Section 30 of the Indian Veterinary Council Act, 1984, which limited practice to degree‑holders and allowed only "minor veterinary services" for diploma or certificate holders. They argued that this violated their Article 19(1)(g) r…

The case concerned the promotion of S.B. Bhattacharjee to the post of Executive Engineer in Mizoram. The dispute centered on the interpretation of clause (g) of paragraph 3.4 of an Office Memorandum dated 10‑10‑2002, which prescribed which Annual Confidential Reports (ACRs) should be considered by the Departmental Prom…

The appellant owned land where his father's Samadhi and a temple with idols were constructed. The public contributed to the temple's building, purchased entry tickets, made donations, and regularly attended pujas, prompting the Deputy Commissioner to order registration of the institution as a public religious instituti…

A collision between a Tempo Trax and an untraced truck resulted in the death of a passenger. A claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed against the driver, owner and insurer of the Tempo, but the Motor Vehicles Accident Claims Tribunal dismissed it, finding no rash or negligent driving…

Domco Smokeless Fuels set up a smokeless fuel plant based on Coal India Ltd's advertisement promising assured coal linkage. The unit was initially linked to Bharat Coking Coal Ltd (BCCL) but sought transfer to Central Coalfields Ltd (CCL) following a policy decision to rationalise linkages. Coal India denied the transf…

The case concerned the authority of the Indore Vikas Pradhikaran (the appellant) to declare its intention to prepare a town development scheme under Section 50 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, when the development plan for the area had not been finalized. The appellant argued that a draft develo…

Brij Mohan, a labourer, was riding on a trolley attached to a tractor that was transporting earth to a brick kiln when the driver negligently lost control, causing Mohan to fall and sustain grievous injuries. The tractor was insured by Oriental Insurance Company only for agricultural use, and the insurer argued that th…

The Supreme Court examined a dispute over a Will executed by 70‑year‑old Sarajumani Dasi in favour of a stranger, Brajakishore Nanda. The Will and a sale deed were executed on the same day, but the original Will was never produced; only a certified copy and a Xerox copy were offered. The Court found that the attesting …

The appellant, Management, Pandiya Roadways Corp. Ltd., dismissed its class‑IV employee N. Balakrishnan for alleged theft after a disciplinary enquiry found him guilty. The Labour Court refused to approve the dismissal under Section 33(2)(b) of the Industrial Disputes Act because the employer had not complied with Clau…

The appellant, an indigent plaintiff, filed a suit for damages against the State of Kerala which was dismissed as barred by limitation. The High Court held that, despite his indigent status, the plaintiff must pay the court fee because he failed in the suit, and dismissed his application for clarification. On appeal, t…

Mis. Noorie Manure Mill, a dealer in crushed bones, horn and hoof, appealed against a tax demand under the U.P. Trade Tax Act. The issue was whether animal horns and hooves could be treated as "crushed bone" or as fertilizer within the meaning of several exemption notifications issued by the State of U.P. The Allahabad…

The respondents sought to build a hotel on Shimla's Mall Road. They obtained planning permission under the Himachal Pradesh Town and Country Planning Act, 1977, subject to obtaining building permission from the Municipal Corporation. Their application for building plan sanction under the Himachal Pradesh Municipal Corp…

The case concerned the promotion of a teacher to Headmaster in a Tamil Nadu private school governed by the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the 1974 Rules. The Managing Committee had evaluated merit and ability and appointed the appellant, Sethuraman, but the senior respondent, Venkatara…

The appellant, a food‑grain exporter, appointed the respondents as agents to arrange rail transport of wheat and rice. The respondents allegedly committed fraud, cheating, forgery, criminal breach of trust and misappropriation of funds, offences alleged to have been committed mainly in Uttar Pradesh but also involving …

The Supreme Court examined the constitutionality of the Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003, holding that the State has legislative competence under Entry 53 of List II and that the Act does not conflict with the Electricity (Supply) Act, 1948. The Court clarified that the repeal‑and‑savings …

The Supreme Court examined appeals filed by the State of Tamil Nadu and the Tamil Nadu Housing Board challenging a Madras High Court order that directed the re‑conveyance of land acquired under the Land Acquisition Act for a housing scheme. The writ petitioners had earlier sought de‑notification under Section 48 and re…

M/s. Durga Hotel Complex obtained a loan of Rs.15 lakh from a bank, which later recalled part of the amount and denied an additional advance. The hotel filed a complaint with the Banking Ombudsman under Clause 16 of the Banking Ombudsman Scheme, 1995, alleging unauthorized withdrawals and non‑credit of proceeds. While …

The Central Bureau of Investigation (CBI) appealed against an interlocutory order of the Delhi High Court that permitted the accused, Ashok Kumar Aggarwal, to inspect confidential files relating to the sanction for his prosecution and the notings of the Finance Minister. The Supreme Court had earlier directed the High …

The father, Rama Narang, filed a contempt petition against his two sons, Ramesh and Rajesh Narang, alleging that they deliberately violated a Supreme Court consent order that required joint management of their family company, NIHL, and joint signing of cheques for transactions exceeding Rs 10 lakhs. The Court examined …

The Supreme Court examined the compensation awarded for 681 bighas of tea garden land acquired under the Land Acquisition Act, 1894. The High Court had fixed compensation at Rs.10,876 per bigha for land and Rs.75 per tea bush, which the appellants argued were inadequate and excessive respectively. The Court considered …

The A.P. Cooperative Oil Seeds Growers Federation Ltd., a cooperative society registered under the Andhra Pradesh Cooperative Societies Act, restructured its three‑tier organization by closing its two regional unions and preparing a common seniority list to identify surplus employees for a voluntary retirement scheme. …

Des Bandhu was appointed as a surveyor on 15 February 1988 and was terminated on 26 March 1989 without notice. He filed a civil suit for a declaration of continuance, which was dismissed, and his appeal was also dismissed in 1997. Subsequently, a reference under Section 10(1)(c) of the Industrial Disputes Act, 1947 was…

The appellants were acquitted by the trial court of offences under Sections 143, 147, 148, 302, 324 and 149 IPC because the court found contradictions in eye‑witness testimony and noted that key witnesses were not examined, giving them the benefit of doubt. The State appealed under Section 378 of the Criminal Procedure…

The Supreme Court examined the murder of a family of ten, including three infants, committed by A‑1 (Sonia) and her husband A‑2 (Sanjiv) to prevent the transfer of property to the step‑brother. The trial court convicted them under Sections 302, 34 and 120‑B IPC and sentenced them to death, a decision the High Court lat…

Harbans Singh and Mohd. Ayub Mir were arrested after a police raid in which a hawala transaction of Rs 7 lakhs was intercepted, the money being handed over in a polythene packet to Mir, a member of Lashkar‑e‑Taiba. Both accused gave confessional statements that were recorded by the DCP Special Branch and later confirme…

The dispute arose over the cleaning of a drainage channel when the complainant and his brothers were attacked by twelve accused who arrived armed with spears and lathis. The accused ordered them to stop, and when they refused, three of the accused inflicted spear blows on the brothers, resulting in the death of Abdul Q…

The appellant Shyam was convicted for the murder of Kailash on 27 October 1995 based on the testimony of the deceased's widow, who witnessed the assault and identified Shyam as the assailant. The trial court sentenced him to life imprisonment under Section 302 read with Section 34 of the IPC; the High Court upheld the …

Abbas Ali was convicted by the trial court and the Rajasthan High Court for murder under Section 302 IPC for stabbing a sleeping victim on a railway overbridge. On appeal, the Supreme Court examined the mens‑rea requirements of Sections 299 and 300 IPC, focusing on the distinction between knowledge of a victim’s specia…

The Union Public Service Commission (UPSC) selected officers for promotion from the State Forest Service to the Indian Forest Service (IFS) for the year 1998 in accordance with the IFS (Appointment by Promotion) Regulations, 1966 as amended on 31‑12‑1997. The first respondent, a Deputy Conservator of Forest, was not pl…

The testator executed a will in 1986 appointing his younger daughter's eldest son as executor, and the appellant sought probate. The elder daughter contested, alleging a prior 1982 will bequeathing equal shares and claiming the 1986 will was forged. A Single Judge of the Madras High Court held the 1986 will genuine aft…

The appellant applied for a flat under the Indira Puram Housing Scheme in 1994 and paid all required installments, but the flat was never allotted. In 2001 he demanded a refund of the installments with 21% interest, but the authority refunded only the principal amount. He filed a claim under Section 12B (and Section 12…

Vema China Koteswara Rao filed a public interest litigation seeking to declare the permission granted to install a statue of the late ex‑MLA Verna Yellaiah on government premises as illegal, alleging it violated Government Order (GO) No.393 dated 13‑June‑2000. The Andhra Pradesh High Court dismissed the petition, holdi…

The respondent, a freedom fighter, applied for a pension but her claim was not supported by a jail certificate; instead it was based on the oral testimony of another detainee, constituting secondary evidence. The central issue was whether the pension should be backdated to the date of her application or to the date of …

The case concerned the Delhi Electricity Regulatory Commission’s (DERC) decision to reduce the depreciation rate for the newly privatized distribution companies from 6.69% to 3.75% in its 2003 tariff order. The respondents, the distribution companies including BSES Yamuna Power Ltd., argued that the reduction violated …

The Supreme Court examined allegations of irregularities in the allotment, conversion and regularisation of plots in NOIDA, which led to a one‑man inquiry commission and the initiation of departmental disciplinary proceedings against Smt. Neera Yadav, then CEO of NOIDA. While a CBI investigation was pending, the Uttar …

The State of Kerala filed an application to condone a 3320‑day delay in filing a petition to set aside an arbitral award under the Arbitration Act, 1940. The civil court allowed the condonation, noting gross negligence of officials but refusing to penalise the State, and the High Court dismissed the appellant’s revisio…

Onkar Nath Mishra and others appealed against the State of Delhi challenging the framing of charges under Sections 406 and 498A of the Indian Penal Code based on a complaint lodged by the complainant, his wife. The trial court had discharged all accused, but the Sessions Court and High Court later ordered that charges …

The appellant, Vineet Kumar Chauhan, got into a quarrel with his neighbours over a cable connection and, in a fit of anger, fired his father's revolver indiscriminately from his house, striking the neighbour's wife in the jaw. The bullet lodged in her spinal cord, causing paralysis; she later died of septicemia and tox…

Smt. Sadhana Khanna, a Central Secretariat Service employee who joined as Assistant on 13 July 1983, was omitted from the 1991 seniority‑quota promotion select list despite being senior to several officers who were promoted. The department argued she was ineligible because her appointment letter was dated 5 July 1983, …

The case concerned pension computation for railway "Running Staff" who retired before 1 January 1986. The Government issued an Office Memorandum on 10 February 1998 fixing the notional pay of pre‑1986 retirees as on that date, treating it as average emoluments for pension. A subsequent Railway Board clarification on 29…

The plaintiff filed a suit claiming title to land on the basis of a sale deed from Ramasami Konar and his daughter, who were recorded as Ryotwari patta holders. The defendant contended that the patta had been wrongly granted to the vendors and that the sale deed was procured through fraud, undue influence and the plain…

The landlord filed a suit for eviction and mesne profits against the tenant under the West Bengal Premises Tenancy Act, 1956. The trial court held that the notice to quit was invalid and dismissed the suit. On appeal, the lower appellate court and the High Court found that a valid one‑month notice had been served, the …

The Kagajkal Thikadar Sramik Union filed a representation under Rule 25(2)(v)(a) of the Contract Labour (Regulation and Abolition) Assam Rules, 1971, seeking equal wages and benefits for contract labourers employed at Hindustan Paper Corporation Ltd. The Labour Commissioner, after an inspection by the Assistant Labour …

The case arose from a land dispute in which Hari Yadav and others assaulted Chander Dusadh on 11 August 1981, inflicting a sharp blow to the head and other injuries. Dusadh was hospitalized and died on 1 September 1981. The trial court convicted the accused under Section 302 IPC, sentencing Hari Yadav to ten years' rig…

The appellants Ram Pal and Ram Saran were charged under Sections 302 and 149 IPC for the murder of their uncle Birbal Singh, allegedly shot with a shotgun and a pistol. The trial court acquitted them, finding the three eyewitnesses unreliable and doubting forensic evidence such as the presence of an empty cartridge and…

A public interest litigation was filed alleging large‑scale malpractice in examinations conducted by the Maharashtra Public Service Commission (MPSC) and claiming that the investigating police officer was transferred to pre‑empt the investigation. The High Court dismissed the writ petitions, directing that the investig…

Mis. Everest Wools Pvt. Ltd. obtained a loan from the U.P. State Financial Corporation and later sought additional financing from the Pradeshiya Industrial and Investment of U.P. Ltd. (PICUP). The Corporation alleged that the company had purchased second‑hand plant from another financed unit in breach of contract, reca…

Writer Constable Akhilesh Kumar Singh was charged with tampering official records, forging entries and misappropriating food allowance. A departmental inquiry found him guilty on all counts and dismissed him from service. He appealed, contending that another constable, Kaushal Kumar Singh, faced essentially the same ch…

The Mount Carmel School Society applied to the Delhi Development Authority (DDA) for four acres of land to run a senior secondary school, and the Institutional Allotment Committee recommended the full allotment. The DDA, however, made a policy decision to allot only two acres. The Society filed writ petitions alleging …

The appellants, owners of an 8,983 sq.m. plot in Mumbai, sought permission to develop a luxury hotel with additional floor space index (FSI) under Rule 10(2) of the Development Control Rules, 1967. The land fell within Coastal Regulation Zone (CRZ) II as per the 19 February 1991 notification issued under the Environmen…

The parents executed registered deeds of gift in 1984 transferring specific land to their son, expressly stating that possession had been handed over and accepted. The parents later attempted to cancel the gifts on the condition that the son pay Rs 1,00,000 for a sister's marriage, which he did not do, and filed cancel…

Gajanand M. Dalwadi, a clerk in Gujarat's Regional Transport Office, forged a duplicate driving licence to facilitate an insurance fraud. A disciplinary inquiry proved the forgery and ordered his removal from service. He appealed to the Gujarat Civil Services Tribunal, which set aside the removal on the ground that he …

The dispute arose from the dissolution of a partnership firm where the parties' shares were determined by a decree. A Court Commissioner was appointed under Order XXVI Rule 11 of the CPC to examine the accounts, and his report was objected to by the appellants' father. The trial court rejected the objections and a requ…

The government granted a parcel of land to the husband of the petitioner, a Scheduled Caste member, with a condition that it could not be alienated for fifteen years. The husband sold the land in violation of this condition, and the purchaser later sold it to the appellant. After the Scheduled Caste and Scheduled Tribe…

The owners of a land in Karnataka applied for permission under the Karnataka Preservation of Trees Act, 1976 to fell certain trees, including reserved varieties, and were conditionally permitted to transport a portion of the timber to a government depot. After the timber was taken to the government godown, the owners s…

The Union of India issued a recruitment notice for the post of cook with an upper age limit of 25 years. Shri Ramesh Singh Rajput was selected based on the date of birth he disclosed (17‑03‑1978), but school records showed 17‑03‑1977, rendering him over‑aged and he was not appointed. He filed an application before the …

Miss Singh Enterprises appealed to the Supreme Court against the order of the Jharkhand High Court which had dismissed its writ petition challenging the dismissal of its appeal under Section 35 of the Central Excise Act. The appeal had been filed 21 months after the service of the original order, far beyond the 60‑day …

The Commissioner of Income Tax appealed against the High Court’s order upholding the Tribunal’s view that investment allowance under Section 32A of the Income Tax Act could be claimed in more than one assessment year, based on Section 43A(1). The assessing officer argued that the allowance should be allowed only in the…

The conductor of a bus owned by Mewat Transport Co. died in a 1984 accident, and his widow, children and parents claimed Rs 1.40 lakh compensation. The Motor Vehicles Tribunal awarded Rs 57,600 with 12% interest, limiting the insurer's liability to Rs 50,000. The Punjab and Haryana High Court enhanced the award to Rs 1…

Labourers travelling in trolleys attached to tractors were injured in motor accidents and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation, rejecting the insurer's claim that it was not liable and that the tractor owner alone was responsible. The insurer a…

The appellant ONGC required offshore vessels (OSVs) from the respondent Garware Shipping and the Shipping Corporation of India (SCI) under long‑term charters. Dispute arose over the computation of repair and maintenance (R&M) charges for the 11th to 16th years of operation, with the parties relying on recommendations o…

The Supreme Court examined a dispute where two firms (the appellants) were occupying rooms in a flat allotted to a member of a tenant co‑partnership housing society. The member had inducted the firms as tenants without the society’s consent, allegedly violating Section 29(2) of the Maharashtra Cooperative Societies Act…

The respondent, whose father was a KVS employee who died in service, applied for a compassionate appointment in a Group‑D post under the 5 % reservation for such appointments. KVS rejected the application, and the Central Administrative Tribunal (CAT) directed KVS to appoint the respondent and later to keep his name on…

Workmen were initially engaged as security guards through an agency on 1 Oct 1996. After the agency contract expired on 1 Oct 1997, they continued to work for the Telecom Department until 31 May 1999. Claiming that they had rendered continuous service of more than 240 days, they sought reinstatement and back wages unde…

The Municipal Corporation of Thane claimed that Vidyut Metallics Ltd. had underpaid octroi by paying 0.5% under Item 71 of the Maharashtra Municipalities (Octroi) Rules, 1974, instead of 1% under Item 77, and demanded the difference. The company had paid 1% from 1968‑1974, later corrected its classification of stainles…

The appellant Vanga Sriniwas was accused of killing his wife by strangulation and hanging her body, allegedly to conceal a dowry‑related dispute. The trial court acquitted him, but the Andhra Pradesh High Court convicted him of murder under IPC s.302 and sentenced him to life imprisonment. On appeal, the Supreme Court …

The appellant, a village accountant, was accused of demanding a bribe of Rs.1,000 from a land purchaser (PW‑6) for mutation entries and revenue documents. After PW‑6 complained, a police‑arranged trap recovered cash that had been placed on the accountant's table, and the prosecution alleged the money was demanded and r…

Sanwariya Lal was convicted for murdering his eight‑year‑old son Rajesh under Section 302 IPC. The prosecution established that Lal, after a marital dispute and a second marriage, suspected the child's paternity and coveted a Rs 20,000 fixed deposit made in the child's name. He took the child from school, and the child…

The assessee purchased land for Rs 4.10 lakhs, but during a raid the tax department seized notes suggesting a higher consideration and recorded contradictory statements from the seller indicating amounts of Rs 34.35 lakhs, Rs 4.10 lakhs and Rs 4.85 lakhs. The Assessing Officer accepted the higher figure of Rs 34.85 lak…

The Bihar State Board of Religious Trusts appealed a Patna High Court order that quashed a notification dated 5 August 1989 issued under Section 29(2) of the Bihar State Board Religious Trust Act, 1950, which sought to supersede a committee formed under a trust deed. The High Court held that the notice was not in accor…

The appellant, Markfed Vanaspati & Allied Industries, entered into a contract with the Union of India to supply rapeseed oil but failed to meet the delivery schedule, leading to contract cancellation. The appellant invoked a force majeure clause, claiming that a government ban on the use of rapeseed oil for manufacturi…

The Union of India appealed a High Court order that granted bail to Shri Shiv Shanker Kesari, who was charged under the NDNDPS Act for possession of a large quantity of poppy straw. The Supreme Court examined Section 37 of the NDPS Act, which mandates that bail may be granted only if the court is satisfied that there a…

The State of Karnataka appealed a Karnataka High Court order that reduced the custodial sentence of Raju, who had been convicted of raping a 10‑year‑old girl, from seven years to three and a half years. The trial court had sentenced Raju under Section 376 of the Indian Penal Code, which mandates a minimum term of ten y…

Kuldeep Singh appealed to the Supreme Court after the Delhi High Court, both at the Single Judge and Division Bench levels, denied his request to have his share in a plot converted from leasehold to freehold, holding that such a conversion would require amendment of the layout plan and would disturb development control…

The Shree Shankar Textiles Ex‑Employees Union sought benefits under the Textile Workers Rehabilitation Fund Scheme (TWRFS) 1991, contending that the scheme’s requirement that a mill be closed under Section 25‑O of the Industrial Disputes Act, 1947 (or have an official liquidator appointed) violated Articles 14 and 16 o…

The appellant, serving a life sentence for murder, applied for release on probation under the Kerala Prison Rules, 1958, which require a minimum of eight years of actual custody. He had served about six and a half years in prison but argued that a six‑year‑plus period of study leave should be counted as time served. Th…

The appellants Phulia Tudu and another were convicted of murder under Section 302 read with Section 34 for allegedly assaulting the deceased Biti Murmu with a lathi, causing her death. On appeal, the Supreme Court examined the distinction between murder and culpable homicide not amounting to murder, focusing on the men…

The plaintiff and defendant entered into an agreement on 3 December 1973 for the sale of a structure under the Calcutta Thika Tenancy Act, 1949, without the land. The plaintiff sued for specific performance on 7 February 1974; the trial court decreed in his favour on 24 April 1990. During the pendency of the suit, the …

The District Red Cross Society closed its Maternity Hospital due to financial constraints, terminating the services of staff nurses including Babita Arora, while other units such as a Drug De‑Addiction Centre, Family Planning Centre and Viklang Kendra continued to operate. The employees claimed protection under Section…

Employees of the State Council of Education, Research and Training (SCERT) filed a writ petition seeking pension, gratuity and other benefits, alleging that SCERT was a "State" under Article 12 and thus bound to implement Regulation 67. The Delhi High Court held SCERT to be a State and directed it to extend the benefit…

Mis Elgi Equipments Ltd., a manufacturer of service‑station equipment, claimed a uniform 20% trade discount on its sales to distributors, while giving an 8% discount to sub‑dealers and a 12% commission to the distributors. The Central Excise Department issued a show‑cause notice alleging a differential discount and dem…

The Maharashtra Electricity Regulatory Commission (MERC) issued a notice directing its licensees to withdraw supplementary/amended electricity bills and refund amounts collected from consumers, without conducting an investigation under Section 128 of the Electricity Act, 2003. The Appellate Tribunal set aside MERC's or…

The appellants, including Niranjan Singh, were convicted for robbery and for attempting to cause grievous hurt after they assaulted the shopkeeper with a knife, inflicting injuries on his chest just below the nipple and on his arm. The appellants contended that the injuries did not amount to "grievous hurt" under Secti…

The appellant, Deepak Rajak, was convicted under Sections 302 and 201 read with Section 34 of the IPC. The co‑accused in the same case were later acquitted by the Supreme Court. The appellant sought to enjoy the benefit of that acquittal, but the State argued that he was not entitled because he had not surrendered imme…

The State of Punjab appealed against the Punjab & Haryana High Court's acquittal of six accused persons in a case where nine individuals were charged under Sections 302, 323 read with Section 149 IPC for a violent altercation over photographs that resulted in two deaths. The trial court had convicted all nine, but the …

The deceased Shobha committed suicide, allegedly after prolonged harassment by her in‑laws for insufficient dowry and for bearing a girl child. The trial court framed charges under IPC sections 306 (abetment of suicide), 498‑A (dowry death) and 34. The Delhi High Court quashed the s.306 and s.34 charges, directing that…

Shankar Jaiswara was convicted of murder under Section 302 IPC for stabbing his brother's younger sibling, Tarak Jaiswara, with a knife. The prosecution presented consistent eyewitness testimony, forensic medical reports describing multiple fatal injuries, and the recovery of the weapon from a friend’s house, which was…

The appellant, Daya Singh Lahoria (also known as Rajeev Sudan and Vinay Kumar), was convicted of offences under IPC sections 420, 468, 471 and 364A, as well as the Explosive Substances Act, and sentenced to seven years of imprisonment (concurrent) and life imprisonment for a kidnapping‑related offence. He had already s…

The husband (Daya Singh) and wife (Suman Sood) were extradited from the United States and tried in Rajasthan for kidnapping a politician's son, conspiracy, and related offences. The trial court convicted both of several IPC offences, acquitting Suman Sood of kidnapping for ransom (Sec. 364A). The High Court reversed th…

The State of Uttar Pradesh had issued a notification on 2 November 1994 exempting the sale of the NPK 23:23:0 fertilizer from trade tax for the period 1 November 1994 to 31 March 1995. Two later notifications dated 10 April 1995 and 15 May 1995 withdrew that exemption retrospectively for NPK 23:23:0 while continuing to…

The Maharashtra Housing and Area Development Authority (MHADA) constructed 165 flats but received negligible public response to its advertisements. Consequently, MHADA adopted a "Bulk Purchase Scheme" and issued a Letter of Intent on 25 October 2004 to the sole applicant, Powai Plant Co‑operative Housing Society (the a…

The plaintiff filed a suit for specific performance of an agreement to sell a Shimla property after the vendor failed to execute the sale deed. During the trial, the vendor's counsel was absent because they were engaged in a High Court matter, and no representation of their absence was made to the District Judge. After…

A claim petition under Sections 166, 140 and 141 of the Motor Vehicles Act, 1988 was filed by the husband of Kaushalya Devi after their 14‑year‑old son died in a road accident. The driver, Karan Arora, was a minor without a licence; the Tribunal held the driver not liable but held the vehicle owner liable, awarding Rs …

The appellant, a landlord, filed a release petition under Section 21 of the Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972. The Prescribed Authority, on the Commissioner’s report, held the petition non‑maintainable and the First Appellate Authority upheld that order. The appellant the…

Meghraj Biscuits Industries Ltd. manufactured biscuits and sold them under the brand name “Meghraj” from 1991. The brand name was a registered trademark of Kay Aar Biscuits (P) Ltd., which also used it for biscuits. The Central Excise Department held that the appellant was not eligible for the Small Scale Industry (SSI…

The petitioners, Smt. Parminder Kaur and her husband, sought transfer of two criminal cases pending in the Chief Judicial Magistrate's Court, Rampur, Uttar Pradesh, to courts in Delhi or Chandigarh under Section 406 of the CrPC, alleging threats to their lives, old age, and ill health. The Supreme Court examined whethe…

The plaintiffs filed a summary suit under Order XXXVII Rule I of the CPC for recovery of amounts due to four dishonoured cheques issued by the defendants. The defendants applied for leave to defend, but the Single Judge of the Delhi High Court held the defence to be a moon‑shine defence and refused leave, granting a de…

The appellant, Deepak Jain, appealed against a Delhi High Court order that had affirmed an Additional District Judge’s order granting him interim maintenance of Rs 12,000 per month and litigation expenses of Rs 11,000 under Section 24 of the Hindu Marriage Act, 1956. The Supreme Court examined whether the trial court’s…

The appellant, along with two others, was found in possession of 7,985 litres of spirit seized by police and was convicted under Section 55 of the Kerala Abkari Act. The appellant challenged the conviction on the ground that the Sessions Court had omitted the words "transport, transit or possesses" from Section 55, arg…

The respondents, a retired army officer and his wife, were allotted a dwelling unit by the Chandigarh Housing Board (CHB) under a housing scheme. They were also members of the Army Welfare Housing Organisation (AWHO), a cooperative society registered under the Societies Registration Act, which had obtained land and all…

The respondent, Harish Kumar, was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on 14 June 2002. He filed a writ petition challenging the detention on the ground that his representation to the Central Government, dated 27 September 2002, …

The appellant Suman Pandey alleged that her brother was murdered by Jitendra Pratap Singh, the sole accused. An eye‑witness, Priyanka Tiwari, had given a statement under Section 164 CrPC but was studying abroad and could not be examined until her summer vacation. The High Court, after several bail applications, granted…

The appellants, JAKKI @ SELVARAJ and another, were convicted under Sections 148 and 302 IPC for the murder of a deceased, based primarily on the testimony of an eye‑witness (PW‑13) and corroborating medical evidence. Two other eye‑witnesses turned hostile, and the High Court acquitted four co‑accused, holding PW‑13's e…

In 2003, thirteen Uttar Pradesh MLAs elected on the Bahujan Samaj Party (BSP) ticket met the Governor and asked him to invite the Samajwadi Party to form the government, thereby voluntarily relinquishing their BSP membership. The BSP leader filed a petition under Article 191 read with paragraph 2 of the Tenth Schedule …

The appellants, Sanapareddy Maheedhar and his parents, were charged under Sections 498A and 406 IPC read with the Dowry Prohibition Act for alleged dowry harassment and cruelty towards the appellant's wife, who later obtained a divorce in the United States and remarried. The Metropolitan Magistrate took cognizance of t…

The respondent, an Accountant in the Office of the Accountant General, was promoted to Senior Accountant (Functional) in 1990 despite not having passed the mandatory Departmental Examination required by the Indian Audit and Accounts Department (Senior Accountant) Recruitment Rules, 1988. The Department later discovered…

The State of Andhra Pradesh filed a criminal case against A.S. Peter for alleged false declaration of stock and insurance fraud, leading to an FIR under IPC sections 199, 200 and 204 and a charge‑sheet filed by the local police. After allegations of irregularities in the initial investigation, the Additional Director G…

The appellant, Rameshwar Dass, was convicted under Section 304B of the IPC for the dowry death of his pregnant wife, Sushma Rani, who allegedly committed suicide after being tortured for a dowry demand of Rs 40,000. The prosecution relied on the husband’s telegram to the father‑in‑law, testimony of the brother‑in‑law, …

Shankarlal, a clerk in the Madhya Pradesh Public Works Department, was suspended on 4 September 1982 with subsistence allowance payable under Rule 53 of the Madhya Pradesh Fundamental Rules. He failed to attend most of the departmental enquiry dates, leading to an ex‑parte finding of misconduct and termination of servi…

The appellants, Poonam Verma and others, had registered under the Fifth Self‑Financing Housing Registration Scheme of the Delhi Development Authority (DDA) but never received a flat. After the scheme was closed, they sought inclusion in the "out‑of‑turn allotment" (OTA) quota based on a letter dated 24‑08‑2000 from the…

The appellant, an Assistant Teacher born on 1 July 1943, claimed a "session benefit" under Rule 29 of the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981, arguing that his retirement on 1 July 2003 entitled him to continue service until 30 June 2004. The Supreme Court held that a person attains a specified…

The case concerned surplus‑area determinations made under the Haryana Ceiling on Land Holdings Act, 1972, where land owners sought ejectment of tenants and the tenants challenged the orders after a long lapse of time. The Supreme Court examined whether the phrase "at any time" in Section 18(6) of the Act imposes a reas…

The respondent filed a suit for specific performance of a contract of employment, alleging that the employer had failed to appoint his son despite a clause promising employment for four persons. The trial court, first appellate court, and High Court held the suit maintainable and ordered specific performance. On appeal…

The appellant challenged the validity of a lease agreement, alleging it was forged, and the Kerala High Court's Single Judge ordered a criminal complaint under Section 340 of the CrPC based on a handwriting expert's report. The High Court set aside that order, holding that Section 340 could not be invoked because the a…

The Supreme Court examined who must lead evidence first in eviction proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. New India Assurance Company Ltd., a State under Article 12, sought to evict tenants NUSLI Neville Wadia and others from a building it owned. The dispute centered on w…

The Karnataka government constituted a Selection Committee to recommend non‑State Civil Service officers for promotion to the IAS. Unsuccessful candidates alleged that the Committee was improperly constituted, acted arbitrarily and with malafide intent, particularly pointing to the Chairman’s allotment of a residential…

The appellant Ujjagar Singh was charged with murdering his niece Mukhtiar Kaur and raping her. Both were found with gunshot wounds; the appellant also sustained a serious injury. The trial and High Courts convicted him under sections 302, 376 and 309 IPC and imposed death penalty. On appeal, the Supreme Court examined …

The appellant, appointed as a daily wager on 30 July 1988, was terminated on 16 July 1989 for alleged financial irregularities. He claimed that his services were to be regularized after three months and raised an industrial dispute. The Labour Court ordered his reinstatement with back wages, but the High Court set asid…

The Supreme Court examined whether Uttar Pradesh Power Corporation Ltd (UPPCL) could retrospectively impose a 15% surcharge after issuing circulars that allowed consumers to opt out of a guaranteed 500‑hour supply, and whether the doctrine of promissory estoppel barred such action. The Court held that where UPPCL made …

The Uttar Pradesh (Krishi Evam Prodyogik Vishwavidyalaya) Act created a university whose service conditions are governed by its statutes, which do not provide for daily‑wage or ad‑hoc appointments. Respondent No.2, a daily‑wage laboratory assistant, was entrusted with clerk duties from 1‑Nov‑1991 and claimed regularisa…

The Delhi Development Authority (DDA) allotted flats under a Self‑Financing Scheme (SFS) and later, after some allottees defaulted on instalments, the Vice‑Chairman, acting as a delegatee, issued policy orders imposing a 20% surcharge and demanding payment of the current cost of the flats with retrospective effect. The…

The assessee, a cashew processor and exporter, claimed export incentive under s.80HHC(3) for AY 1993-94 but omitted processing charges from the total turnover in the formula. The Supreme Court held that processing charges form part of gross total income and must be included in total turnover for computing the export in…

The respondents, appointed as part‑time lecturers, filed writ petitions seeking regularisation of their services. The Punjab and Haryana High Court allowed the petitions and directed the authorities to regularise the respondents notwithstanding the contractual terms of their appointments. The State appealed, contending…

The appellants were convicted of murder under Section 302 read with Section 34 IPC for a fatal assault on the deceased during a quarrel. The Supreme Court examined whether the incident fell within Exception 4 to Section 300 IPC, which applies to killings occurring in a sudden fight without pre‑meditation, undue advanta…

The appellant Hasi Mohan Barman, who was in a relationship with PW‑1, allegedly forced her to abort a pregnancy by administering injections with the help of co‑accused Abinash Biswas, leading to a conviction under IPC s.313 r.w. s.34. While the trial and High Courts upheld the conviction, the sentence was reduced. Duri…

The State of Rajasthan prosecuted Parthu for the murder of his wife Lali, who died from severe burn injuries after allegedly being doused with kerosene and set alight by him. The prosecution relied on two dying declarations recorded by police officers, with a doctor present who attested the victim's thumb impression an…

The appellant Kittusamy, along with Channappan and Palanisamy, were convicted for murder under Section 302 read with Section 34 of the IPC for the killing of Ayyasamy, their son‑in‑law. The prosecution case relied on three eyewitnesses – the victim's cousin and his parents – who described the accused arriving armed and…

Asian Thermal Insulation (I) Ltd entered into a contract with Bridge & Roof Co. (I) Ltd that contained an arbitration clause. A dispute arose and the High Court, on the respondent's application, directed the matter to be placed before the Chief Justice of the Calcutta High Court for the appointment of an arbitrator und…

In a murder case, the Sessions Court granted anticipatory bail under Section 438 of the CrPC to Deputy Superintendent of Police Narendra K. Amin. The State of Gujarat appealed, contending that the court failed to consider the prosecution’s apprehension that the accused could influence or coerce witnesses and that custo…

The Union of India and Bharat Battery Manufacturing Co. entered into a contract for supply of batteries that contained Clause 24 requiring any dispute to be referred to a sole arbitrator appointed by the Director General of Supplies and Disposals from the Ministry of Law. A price‑variation dispute arose; the respondent…

The accused, an Assistant Commercial Manager in the Indian Railways, demanded and accepted a Rs 300 bribe from his subordinate, PW‑1, leading to a CBI investigation and charge‑sheet. The Special Judge convicted him under Section 7 of the Prevention of Corruption Act, 1988. The Andhra Pradesh High Court set aside the co…

Mukkarram Ali Khan appealed against an order of the appellate authority under the Urban Land Ceiling Regulation Act, 1976, contending that the issues had already been decided by a prior order. The High Court refused to interfere, holding that the point was not raised before it. The appellant submitted an affidavit show…

The appellant, HMT Ltd., a manufacturer of dairy machinery, classified its machines such as pasteurizers, chillers, pumps, separators and butter packing machines under Chapter 84.34 of the Central Excise Tariff Act, 1985. The revenue authorities issued show‑cause notices alleging mis‑classification and proposed re‑clas…

The State of Rajasthan appealed against the acquittal of Om Prakash, who had been convicted for murder under Section 302 IPC by the trial court based primarily on the testimony of a single eyewitness who was the younger brother of the deceased. The Rajasthan High Court set aside the conviction, holding that a solitary …

The petition under Article 32 sought a writ of quo warranto against the Chief Minister and a Minister, alleging that their appointment was invalid because they were members of the Rajya Sabha and not of the State Legislature, thus supposedly falling outside Article 164(4). The Supreme Court examined Articles 163, 164(1…

The deceased was in police custody and was alleged to have been slapped and kicked on his testicles by the Sub‑Inspector, resulting in his death. The trial court convicted the Sub‑Inspector under Section 304 Part II of the IPC based on the testimony of a witness (PW‑6). The High Court acquitted, finding the witness’s s…

The Andhra Pradesh Housing Board acquired 45 acres for a housing scheme, but could take possession of only 43 acres; the remaining two acres remained occupied by hut dwellers and compensation was never paid. The land‑owners obtained a writ from the High Court declaring the acquisition award for the two acres a nullity …

The Andhra Pradesh Housing Board acquired 45 acres for a housing colony, but two acres earmarked for a public park were occupied by hutment dwellers. The Adarsha Welfare Association filed a PIL seeking to restrain the Board from constructing a commercial complex in the designated Commercial Zone until the park land was…

The Municipal Corporation of Jabalpur awarded a road‑construction contract to M/s Rajesh Constructions, which contained Clause 29 stipulating that any arbitration could only be initiated after the contractor furnished a security deposit and the corporation then constituted an Arbitration Board. A dispute arose and the …

Mrs. Aleyamma Mathai Almeida, an Assistant Teacher appointed in 1965, sought promotion to Headmistress of St. Anthony's High School, Goa, when vacancies arose in 1981 and later. Each time the school appointed a junior candidate, and the Director of Education disapproved those selections, ordering the school to reconsid…

The respondents, who were land oustees whose property was acquired by the appellant corporation for a sub‑station, filed a writ petition seeking that the corporation consider them for suitable employment as displaced persons. The High Court directed the corporation to consider their cases as per any existing schemes or…

The case arose from an FIR alleging that the accused raped PW4 on 30 May 1992. After a protracted trial (1994‑2004), the accused sought to recall the victim for further cross‑examination under Section 311 of the CrPC, claiming that the parties had settled the dispute outside court and that the informant could not ident…

The complainant appealed against the Allahabad High Court's orders granting bail to five convicted respondents under Section 389 of the Code of Criminal Procedure, 1973, while their appeals against convictions for murder and related offences were pending. The High Court had justified the bail on the ground that the acc…

The Supreme Court Bar Association filed a writ petition under Article 32 challenging the appointment of retired High Court judges as Executive Chairmen of State Legal Service Authorities, alleging it contravenes the Legislative Services Authorities Act, 1987 and hampers the authorities' effectiveness. The petition high…

The appellants, Subhakar and others, claimed occupancy rights as Chalgeni tenants over two parcels of "Punja" land in Dakshina Kannada under the Karnataka Land Reforms Act, 1961. The respondent, Harideesh Kumar, asserted ownership based on a gift deed. The Land Tribunal initially granted occupancy rights to the appella…

The respondent, Asit Baran Chaudhuri, filed a writ petition under Article 226 seeking a direction that the authorities consider his claim for the benefit of the Agricultural Research Service (Scientist ‘S’ Grade). The Calcutta High Court allowed the petition, granting him liberty to make a representation and additional…

The appellants, land owners, challenged an award dated 4 February 2003 made under the Land Acquisition Act, 1894, arguing that it was issued beyond the two‑year period prescribed by Section 11‑A, which requires an award to be made within two years of the last publication of the declaration under Section 6. The last pub…

Namdeo, who had a long-standing dispute with his neighbour Ninaji over livestock, attacked Ninaji with an axe on the night of 25 October 2000, inflicting a fatal head wound. Ninaji’s son Sopan, who was present in the courtyard, witnessed the assault in electric light, chased the assailant and later gave testimony; a ne…

The case concerned a pension fund set up as a trust by Mis Dunlop India Ltd. After the beneficiaries had been paid, the trustees applied to the Calcutta High Court under Section 34 of the Indian Trusts Act seeking a direction on the surplus fund. The High Court refused to entertain the application, holding that Section…

The petitioners, belonging to ten communities in Uttar Pradesh that were reclassified from Scheduled Castes (SC) to Scheduled Tribes (ST) by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002, filed a writ petition under Article 32 seeking a stay of the Act and permission to contest the upcoming sta…

The Supreme Court examined whether offences under the Essential Commodities Act, 1955 (including those committed during the period of the Essential Commodities (Special Provisions) Act, 1981) fall within the ambit of the Maharashtra Control of Organized Crime Act, 1999 (MCOCA). It held that the 1955 Act’s Section 7 sti…

Jagraj Singh married Birpal Kaur in 1993; the wife later filed for divorce under Section 13 of the Hindu Marriage Act alleging desertion and cruelty. The trial court ruled it lacked territorial jurisdiction but nonetheless decided the merits, denying divorce. The High Court, invoking Section 23(2) of the Act, ordered b…

The mother of a deceased State Bank of India employee applied for a compassionate appointment for her son, Somvir Singh. The bank's competent authority rejected the request, finding that the family was not in penury after considering terminal benefits, pension, investments, and other income as per its scheme. The Punja…

The appellant, Deepa Gourang Murdeshwar Katre, was appointed on a temporary basis as an English lecturer in a government‑aided college where the post was reserved for Scheduled Caste candidates. For six successive years no Scheduled Caste applicant applied, and the college repeatedly appointed her on a temporary basis.…

Darshan Singh, an Accounts Clerk, was suspended in 1965 on allegations of embezzlement, later acquitted and reinstated with his suspension treated as duty. He sued the State of Punjab for full pay and allowances for the suspension period (25‑May‑1965 to 28‑Apr‑1978) and was awarded Rs 60,586.75 with interest at 12% per…

The State of NCT of Delhi sought to compel the accused, Ravi Kant Sharma and others, to be supplied with the "gists" of statements recorded by the investigating officer during interrogation. The trial court held that such gists amounted to statements under Section 161(3) of the Criminal Procedure Code (CrPC) and must b…

The respondent, a driver for the Gujarat State Road Transport Corporation, caused a fatal accident; he was acquitted in the criminal trial but the corporation dismissed him after departmental proceedings found him guilty of misconduct. The Labour Court reinstated him without back wages, citing the acquittal, but the Hi…

The accused were convicted of raping and murdering a young woman, Shivamma, under IPC sections 376 and 302 read with section 34, based solely on circumstantial evidence. The trial court sentenced them to death, which the Karnataka High Court confirmed under Section 366 of the CrPC. On appeal, the Supreme Court examined…

The appellant obtained the disputed property through a conveyance from the Wakif and his Mutwalli after a collusive suit in 1958, despite the property having been declared a Wakf in 1926, registered under Section 38 of the U.P. Muslim Wakfs Act, 1936 and notified in the Official Gazette in 1954. The Shia Central Board …

Peerless General Finance & Investment Co. Ltd. (appellant) held shares of Poddar Udyog Ltd. Under a court‑sanctioned scheme of arrangement, a portion of the business was transferred to Poddar Projects Ltd. (respondent No.1), which subsequently sold the shares to Vijaya Finance Corp. Ltd. (respondent No.2). The appellan…

The Supreme Court examined whether the copy‑edited versions of Supreme Court judgments published in the law report "Supreme Court Cases" (SCC) qualify as original literary works eligible for copyright. It held that the judgments themselves are government works in the public domain and their reproduction does not infrin…

The appellant Keshav was convicted under Section 302 IPC for allegedly murdering his brother‑in‑law, based on motive, the fact that they were last seen together, an extra‑judicial confession to the victim’s wife, discovery of blood‑stained clothes and a knife. The Supreme Court examined whether these circumstances sati…

The case arose from a night‑time attack on three brothers (Jharmal, Juhru and Mubin) allegedly over a property and personal dispute, in which twelve armed men assaulted the victims, killing the two brothers and injuring Mubin. The prosecution relied on three eyewitnesses, medical autopsy reports and a First Information…

The appellant's daughter was killed when a tempo, owned and driven by Respondent No.2, ran over her. The vehicle was insured with National Insurance Co., but the insurer claimed the policy was cancelled because the premium cheque was dishonoured, invoking Section 64‑VB of the Insurance Act, 1938. The Motor Accidents Cl…

The appellants, who claimed ownership of the suit land by a gift deed, sued the respondents for a permanent injunction, the respondents asserting title based on an alleged 1969 agreement of sale. The City Civil Court refused an interim injunction on the ground that the appellants had not made a prima facie case, partic…

The appellant issued a cheque on 31 March 1998 which was dishonoured on two occasions; notices were served and a complaint under Section 138 of the Negotiable Instruments Act was filed on 28 November 1998. The appellant sought to quash the complaint on the ground that the complaint was filed beyond the one‑month limita…

The United States requested the extradition of Sarabjit Rick Singh on drug‑trafficking and money‑laundering charges, and the Indian government directed an Additional Chief Metropolitan Magistrate to conduct an enquiry under the Extradition Act, 1962. Singh challenged the magistrate’s order, arguing that the documents s…

The deceased, R.K. Srivastava, a salaried employee, died in a road accident and his wife and children claimed "just compensation" under Section 168 of the Motor Vehicles Act, 1988. The central issue was the proper computation of the deceased's total income for compensation – whether only basic salary should be consider…

M. Venurangnanath, a branch manager of UCO Bank, was charged with offences under the IPC and the Prevention of Corruption Act and was acquitted with benefit of doubt. He had been suspended from service during the criminal proceedings and, after reinstatement, faced departmental enquiry which found him guilty, resulting…

The case concerned Williamson Financial Services, which earned composite income from growing, manufacturing and exporting tea. The assessee claimed a deduction under s.80HHC of the Income‑Tax Act on the entire tea income before applying the 60:40 apportionment mandated by Rule 8(1) of the Income‑Tax Rules, 1962. The As…

The widow of Ram Niwas, a project casual labourer who was later treated as a temporary employee under a scheme approved by the Supreme Court, applied for family pension after his death in 1988. The Railway Administration rejected the claim, citing the Railway Services (Pension) Rules, 1993, which they said did not exte…

The Kerala State Electricity Board (KSEB) entered into a contract with the foreign consultancy SNC Lavalin for engineering services, agreeing to pay the service tax on the foreign company's behalf. KSEB failed to make the payments and argued that, under the Finance Act, 1994, the tax liability rested on the service pro…

The case concerned whether ad‑hoc promotions of Section Officers to Assistant Engineer in the Manipur PWD, made without following the recruitment rules, could be regularised retrospectively to grant seniority over direct recruits. The promotees argued that their services had been regularised with retrospective effect a…

The Director General of the Border Security Force appealed against a Kerala High Court order that directed the authorities to consider the representation of Deenamma Sandel, an employee who had resigned under Rule 19 of the BSF Rules, 1969, and was claiming a pension. The central issue was whether an employee who resig…

Mis Supreme Fabrics Ltd claimed that loading charges incurred while clearing goods from its factory gate should be treated as cum‑duty price, allowing an abatement of excise duty payable on those charges. The Assessing Officer held the charges were includible in assessable value and denied the deduction. The Commission…

The appellant, Mis. Hondaram Ramchandra, operated a sales office which was closed. The workmen were transferred to a separate factory, refused to join, and were terminated after an ex parte domestic enquiry. The Labour Court upheld the termination, but the High Court set aside the award and ordered reinstatement with b…

The film actress Shilpa S. Shetty filed a civil suit for Rs 20 crore in damages and an injunction against Magna Publishers and others, alleging that three articles published in the magazine 'Stardust' were defamatory and would damage her career. The Bombay High Court, on a prima facie view, granted an ad interim injunc…

The respondents were appointed as conductors on a daily‑wage basis and were later regularized on 1 August 1987. In 1999 they filed a writ petition under Article 226 seeking regularization retroactive to their initial appointment date, without explaining the long delay. The High Court allowed the petition, relying on th…