Judgments of 2007

Gali Venkatiah was convicted of murder for stabbing his brother Gali Krishnaiah, based on the testimony of the deceased's wife and sons. The appellant argued that the witnesses were interested parties and that the killing occurred in a sudden quarrel, invoking Exception 4 to Section 300 IPC. The Supreme Court held that…

The Food Corporation of India contracted Vikas Majdoor Kamdaar Sahakari Mandli Ltd. to perform stevedoring and cargo handling at Kandla Port. The corporation later requested the contractor to increase the discharge rate, leading the contractor to incur extra expenses and seek higher remuneration. The trial court dismis…

Mis. Canon Steels Ltd appealed to the Supreme Court against the Punjab & Haryana High Court’s dismissal of its customs appeal, arguing that the High Court lacked territorial jurisdiction because the original adjudication order was passed in Mumbai and the appellate order by CESTAT was issued in Delhi. The Supreme Court…

The Madhya Pradesh State Electricity Board deleted clauses 21(t) and 21(g) of its general conditions that required payment of interest on security deposits. Grasim Industries Ltd challenged the deletion through writ petitions. A Single Judge of the High Court held the deletion permissible, but a Division Bench reversed…

The assessee, Mis. Somaiya Organics (India) Ltd., operated a distillery that produced ethyl alcohol denatured (SDS) and a chemical factory that consumed the SDS for manufacturing specified chemicals. The assessee valued the transferred SDS on a costing basis under Rule 6(b)(ii) of the Central Excise Valuation Rules, 19…

The appellant, an exhibitor of cinematograph films, was found to have admitted 878 school children without tickets and was penalised under Section 10 of the Rajasthan Entertainment and Advertisement Tax Act, 1957. The Assessing Officer imposed a penalty of Rs.500 per viewer, totalling Rs.4,39,000, in addition to a Rs.5…

Larsen & Toubro Ltd entered into a purchase order with Fertilizer and Chemicals Travancore Ltd that contained both Standard Conditions and Special Conditions. A dispute arose over the arbitration clause: the appellant sought an independent sole arbitrator under the Special Conditions, while the respondent insisted that…

The plaintiff obtained a permanent injunction restraining the defendant from planting any tree on specified Khasra parcels. The decree holder later filed an application for execution seeking removal of a Bohar tree that stood on the disputed land. The executing court, relying on a commissioner’s report, interpreted the…

The Union of India issued show‑cause notices under the Customs Act, 1962 alleging mis‑declaration, over‑invoicing and misuse of foreign exchange by Adani Exports Ltd. The adjudicating authority imposed penalties under Section 50 of the Foreign Exchange Regulation Act, 1973 read with Sections 49(3) and 49(4) of the Fore…

The appellant Antram was convicted for murdering his wife Shobha, who alleged he assaulted her with an axe. Shobha gave four dying declarations—two oral and two recorded—to her daughter, a cousin, a medical officer, and a private doctor before dying a day after discharge from hospital. The prosecution relied on these d…

The appellant, a bus driver, was charged under Section 302 IPC for the death of two passengers when a train struck his bus at an unmanned railway crossing. He contended that the train hit the rear of the bus and that there was no negligence on his part, so the murder charge was inappropriate. The High Court rejected hi…

The accused were convicted for the abduction, murder and dacoity of Gayatri Devi based largely on the testimony of an approver, Lalit Sanga, whose statement was recorded under Section 306 of the CrPC after he was granted pardon. The High Court had earlier remanded the case, finding procedural lapses in the recording of…

Bharat Petroleum Corporation Ltd. (appellant) and Great Eastern Shipping Co. Ltd. (respondent) entered into a time charter party on 6 May 1997, which was extended to 31 August 1998. After the extension expired, the parties continued to use the vessel without a new written charter, and the respondent later invoked the a…

The accused, Jitti, was found in possession of 45 kg of poppy straw powder and was convicted under Section 18 of the NDNDPS Act, 1985, receiving a minimum sentence of ten years rigorous imprisonment. While his appeal was pending, Section 41 of the Act was amended in 2001, redefining the commercial quantity for poppy st…

The State of Andhra Pradesh (Revenue) appealed against a High Court order that allowed manufacturers, dealers and traders of capacitors to claim a concessional tax rate on the basis that capacitors are "electronic goods". The assessees relied on Government Orders 520 and 521 and a list prepared by the Electronic Commis…

Reeta Kumari married Manmohan Singh in February 1999 and was repeatedly harassed by her in‑laws for a scooter and a golden bangle as dowry. She died by consuming aluminium phosphide in June 1999 while pregnant. The trial court convicted the father‑in‑law (Kishan Singh) and mother‑in‑law (Bachni Rani) under Sections 304…

Gopal, the husband, assaulted his wife with a wooden log during a quarrel witnessed by their children, causing fatal head injuries. He was initially convicted under Section 302 IPC for murder and sentenced accordingly, a decision upheld by the High Court. Gopal appealed, contending that the killing occurred in a sudden…

The State of Haryana granted a 20‑year mining lease for silica sand to Aravali Khanij Udyog, which expired on 17 February 2000. The respondent claimed that due to departmental delays it was unable to mine for 850 days and sought an extension of the lease, which the State rejected; the Punjab & Haryana High Court set as…

Fourteen daily‑wage workers in the Uttarakhand Irrigation Department had worked for more than six years, completing at least 240 days each calendar year. The Labour Court ordered their regularisation, but the Uttarakhand High Court dismissed the writ petition, holding that the workers were entitled to regularisation. O…

The appellants, Chargemen Grade II of the Defence Research and Development Organisation, were placed in Grade IV of Category I under Rule 6(4)(a) of the DRDO Technical Cadre Recruitment Rules, 1995 because they lacked the qualifications prescribed in Schedule III. They challenged the rule as violative of Articles 14 an…

The case arose from the murder of Shivaji Patil and Baburao Patil in a village where two rival groups were at loggerheads. The FIR was lodged at the spot four days after the incident, and the copy reached the magistrate after an unexplained delay, raising questions about its validity. The trial court convicted several …

Minor Dimple Gupta, through her mother Narain Dassi, filed an application under Section 125 of the Criminal Procedure Code seeking maintenance from Rajiv Gupta, alleging he was her father. The trial magistrate held that she was the illegitimate child of the respondent and ordered maintenance, relying on the mother’s te…

Devi Lal and his mother were convicted under Section 304B IPC for the dowry death of Pushpa Devi, whose body was cremated without informing relatives. The prosecution alleged that Pushpa was repeatedly harassed and subjected to cruelty by her husband and in‑laws for not providing sufficient dowry, both before and after…

On 3 February 1994, the informant Prakash Chandra Yadav and a pillion rider were attacked by the accused who hurled bombs at them and later pursued them with a licensed gun. Although one bomb exploded, the informant sustained no injury. The trial court convicted the accused under Section 307 (attempt to murder) and Sec…

The appellant, B. Suresh Yadav, sold a parcel of land to the respondents, Sharifa Bee and Anr, and executed the sale deed on 30 September 2005. On 29 September 2005, two rooms on the land were demolished, leading to a civil suit to determine whether the demolished portion formed part of the sale. While the civil suit w…

The appellant, a co‑sharer of a joint family property, alleged that his brother (respondent No.4) unlawfully restrained him from occupying the first floor of the house and complained to the police, but no FIR was registered. He filed an application under Section 482 of the CrPC before the High Court seeking a direction…

The State of Rajasthan charged Ajit Singh and 18 others under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) for allegedly smuggling arms from Pakistan to Punjab for terrorist purposes. Seven of the accused made confessions before a Superintendent of Police under Section 15 of TADA, but the confe…

All Cargo Movers (I) Pvt. Ltd. and related companies entered into a contract of carriage to deliver consignments to Kenya. The goods were allegedly delivered without the original Bills of Lading, leading the consignee to claim breach of contract and file a civil suit in the Bombay High Court. More than a year later, th…

The State of Rajasthan charged Munshi with rape of a minor girl, Rajkumari, on 18 September 1994. The victim reported the incident immediately, and a medical examination revealed fresh injuries, a ruptured hymen and blood oozing from the vagina; a torn piece of her underwear was recovered from the scene and matched her…

John K. John filed criminal complaints under Section 138 of the Negotiable Instruments Act alleging that Tom Vargheese issued two cheques which were dishonoured for insufficient funds. The trial court and the appellate court held that the respondent was guilty, but the Kerala High Court, on revision, acquitted him, fin…

The case concerned a triple murder that occurred on 4 April 1999, where three persons were shot dead from a car that had allegedly collided with a bus. The prosecution relied on the testimony of two eye‑witnesses (PW‑1 and PW‑5), who were described as chance witnesses, and on medical and forensic evidence linking the i…

Fifteen officers of a Regional Rural Bank were eligible for promotion under the 1988 Rules when the vacancies arose. While the promotions were pending, the 1998 Rules superseded the 1988 Rules. The bank, relying on a Supreme Court decision in State of Rajasthan v. R. Dayal, issued a circular directing that the promotio…

The hereditary priests of a Karnataka temple entered into a consent decree in the 1950s to settle their inheritance dispute over temple offerings. A later civil suit sought a share of perishable and non‑perishable offerings, and the trial court and first appellate court upheld the plaintiffs' claim based on the decree …

The owner of a motor vehicle insured with United India Insurance Co. Ltd. suffered an accident while the vehicle was being driven by a driver whose licence was later found to be forged. The owner filed a complaint under Section 12 of the Consumer Protection Act, 1986 alleging deficiency in service for the insurer's ref…

The respondent (Sonargon Housing Co‑operative Society Ltd.) obtained a decree for declaration and possession of a property, which was affirmed by the High Court and the Supreme Court. The respondent later applied to amend the plaint and the decree to correct blanks and misdescriptions in the schedule of the property. T…

Shiva Anand, a master technician with Indian Airlines for 27 years, produced a forged employer's certificate to obtain an Australian visa. Disciplinary proceedings led to a charge-sheet, an enquiry report recommending dismissal, and a final dismissal order, which he appealed. The Single Judge of the Calcutta High Court…

The appellant, Kanwarjit Singh Dhillon, filed a civil suit seeking a declaration that certain immovable and movable properties left by his father, the late S. Kirpal Singh, were joint Hindu family assets and an injunction restraining the respondent from alienating them. The respondent had obtained probate of an unregis…

The dispute concerned whether Site Nos. 432 and 433 in Survey No. 15/1 were acquired by the Government under the Bangalore Development Authority Act and, consequently, whether an injunction could be granted to restrain construction. The trial court rejected the injunction without examining if the land had been acquired…

The Empire Jute Co. Ltd. entered into a sale contract for raw jute with the Jute Corporation of India, which was subject to a Production Control Order compelling the mill to purchase jute at a fixed price. The appellant alleged the supplied jute was of inferior quality, refused to purchase, and filed a writ petition ch…

Sankaran Nair executed a registered Will on 7 August 1971 bequeathing his property to his sister Nanikutty Amma's children and their descendants, while leaving a modest sum to his son Madhavan Nair. The son challenged the Will, alleging suspicious circumstances such as the testator's ill health, the registrar being bro…

Paras Ship Breakers Ltd installed an 8‑metric‑tonne induction furnace but, due to insufficient power supply from the Gujarat State Electricity Board, claimed it had reduced the furnace capacity to 4.5 MT and sought a lower deemed annual production under Section 3A of the Central Excise Act. The department measured the …

The case concerned the grant of a Modified Rationing (MR) dealership in West Bengal. Both Swapan Kumar Pal (appellant) and Achintya Kumar Nayak (first respondent) applied, and the Sub‑Divisional Controller, after applying criteria of financial solvency, possession of a godown and trade proficiency, recommended the firs…

Mahabir Singh filed a suit in 1985 and, after serving summons, obtained an ex‑parte decree against Subhash on 19‑Feb‑1986 when the defendant failed to appear. Subhash sought to set aside the decree under Order IX Rule 13 of the CPC on 7‑Feb‑1997, claiming improper service of summons. The trial court and the appellate c…

The appellant, M.D., U.P. State Agro‑Industrial Corp. Ltd., appealed against the Allahabad High Court’s order that reinstated the respondent, Mahendra Kumar Mishra, after his dismissal from service. The High Court had set aside the dismissal order dated 11‑12‑2000 and directed reinstatement with all consequential benef…

A Hindu widow executed a will in favour of the respondent. After her death, the respondent obtained a grant of probate from the High Court, but failed to disclose that the testator owned property in Uttar Pradesh and did not publish citations there as required by Section 283(3) of the Indian Succession Act. The appella…

R. Radhakrishnan applied for the post of Fireman and, after provisional selection, submitted a verification roll stating he had never been involved in any criminal case. In fact, he had been arrested under Section 294(b) of the Indian Penal Code for an incident on 15 April 2000, though he was later acquitted on 25 Sept…

The appellants, originally appointed as Supervisor Grade‑A, were promised a second examination to be graded as Chargeman Grade‑II under a 1967 scheme, but the examination was never held and a "pick‑and‑choose" policy was adopted. The Central Administrative Tribunal (CAT) ordered that the appellants be given notional se…

The appellants, owners of agricultural land in Hoshiarpur, Punjab, challenged the State's acquisition of their land for a project of International Tractors Ltd. The State issued a notification under Section 4 and a declaration under Section 6 of the Land Acquisition Act, 1894, entered into an agreement with the company…

The appellants applied for the post of Assistant Director of Agriculture under a 1992 APSC notification that did not specify any reservation for women. While the selection process was pending, the Andhra Pradesh Government issued a order on 6 October 1995 granting 30% reservation for women in direct recruitment with re…

The respondents bought land from the Corporation of Madras, which was later mistakenly transferred to the Tamil Nadu Slum Clearance Board and allotted to the appellant under a slum‑clearance scheme. The respondents obtained a writ directing the denotification of the area as a slum, but the High Court set aside the dire…

The case concerned several accidents in which passengers, often paying a nominal fare, were travelling in lorries classified as goods carriages. Claimants sought compensation from the insurers of the vehicle owners under Section 147 of the Motor Vehicles Act, 1988, arguing that the insurers were liable for death or inj…

The case concerned the seniority and eligibility for promotion to Assistant Law Officer in the Calcutta Metro Railway. The appellant, S.P. Indu, had been on deputation from South Eastern Railway and was placed in the Rs 2000‑3200 pay scale but had never passed the departmental examination and did not hold the post of C…

The Customs, Bangalore appealed against the CESTAT order that had allowed an additional duty of 7% on notebook (laptop) computers imported by M/s. Acer India Ltd. The central issue was whether a laptop qualifies as a "CPU with monitor, mouse and keyboard imported together as a set" under S.No.2 of Rule 2 of the Compute…

The State, represented by the Special Police Establishment and the CBI, appealed against the High Court's acquittal of a bank manager (M. Krishna Mohan) and a field officer for forging loan documents, forging thumb impressions and misappropriating loan proceeds. The trial court had convicted both, but the High Court se…

Senior Auditors in the offices of the Accountant General, Assam and Meghalaya sought pay‑scale parity with Assistants in the Central Secretariat. The Central Administrative Tribunal and the Gauhati High Court had granted the claim, but the Union of India appealed. The Supreme Court examined whether the judiciary could …

The Security Printing and Minting Corporation of India (the appellant) floated a tender for gumming and super‑calendaring of stamp base paper, which was awarded to Gandhi Industrial Corporation (the respondent). The supply order dated 31 May 1995 incorporated a clause that any MODVAT credit availed by the respondent wo…

The case concerned the promotion of Deputy Rangers/Foresters to Rangers in the Kerala Forest Subordinate Service, which required candidates to undergo Rangers training selected by the Kerala Public Service Commission (KPSC). The appellants, who were approved probationers, alleged that the KPSC had improperly included i…

The Supreme Court considered an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator to resolve a tax‑related dispute arising from a consultancy contract that had been completed. DHV BV, a foreign sub‑consultant, claimed that the client (TNPWD) had failed to…

Ajit Singh Nandal, a university employee, challenged a university notification that declared his post vacant, alleging it amounted to an illegal removal without the required inquiry under the service rules. The trial court dismissed his suit, but the appellate court set aside that decision, holding that the vacancy dec…

The dispute concerned a parcel of land mortgaged by Bore Gowda to his brother Thammaiah in 1960, redeemed in 1963, and allegedly leased to Thammaiah. Bore Gowda later sold the land to his father‑in‑law Karigowda, who in turn sold it to the appellant Ramanna in 1972. Thammaiah claimed occupancy rights as a tenant under …

Paper Products Ltd., a manufacturer of printed flexible packaging, was found by the Central Excise authorities to have omitted the cost of its printing cylinders from the assessable value of its laminates and pouches, leading to a demand for additional duty and a penalty. The Tribunal remanded the matter to the adjudic…

The plaintiff claimed that the defendants had agreed to sell a house for Rs 5 lakhs and had taken an advance of Rs 50,000, seeking specific performance of the sale. The defendants contended that the Rs 50,000 was a loan secured by an agreement to sell the house as collateral, and that the plaintiff had accepted a parti…

The petitioners, who were directly recruited to the West Bengal State Forest Service in March 1990, challenged the grant of retrospective seniority to officers promoted in 1991 under Rule 6(2) of the West Bengal Service (Determination of Service) Rules, 1981, which made the promotees senior to the direct recruits. The …

The appellant, Ashok Kumar, was convicted under Sections 304B and 498A of the IPC for the death of his wife. He appealed to the Supreme Court, arguing that the presumption of dowry death under Section 113B of the Evidence Act does not apply because the marriage had lasted more than ten years, exceeding the seven‑year p…

Begum Sahiba Sultan, the daughter of the deceased, filed a suit in the Delhi High Court seeking a declaration that an alleged oral will made by her mother was never made, a declaration that a sale deed was void, and a decree of partition of immovable properties situated in Village Pataudi, Gurgaon, Haryana. The Delhi C…

Matsushita Television & Audio (I) Ltd. entered into a technical know‑how agreement with Matsushita Electric Industrial Co. Ltd. (MEI) under which it paid a royalty of 3% on the net ex‑factory sale price of colour TV sets. The net price included the cost of imported components used in the TVs. The Customs authorities, r…

The appellants, residents of Bhandara, manufacture brass utensils in their homes. The Superintendent of Police issued notices ordering them to cease operations, alleging that the mechanical processes generated noise pollution that disturbed nearby residents, teachers, and students. The High Court dismissed the appellan…

The Union of India appealed against a Gauhati High Court order that quashed a preventive detention order issued under Section 3(3) of the National Security Act, 1980. The detenu had filed a representation against his detention, and the Ministry of Home Affairs sought comments from the sponsoring authority before reject…

The appellant's daughter died within five months of her marriage, leading to FIRs under Sections 498A, 304B, 302, 406 IPC and Section 4 of the Dowry Prohibition Act. Multiple bail applications under Section 438 of the CrPC were filed by the accused, initially rejected by the Sessions Judge and the High Court, but later…

Geejaganda Somaiah was convicted for the murder of his relative Chengappa, who had been seeking an equitable partition of family land. After Chengappa disappeared while meeting a revenue inspector, his body was found the next day. The appellant surrendered, made a voluntary statement to police, and gold ornaments and t…

BOC India Ltd. entered into a turnkey contract with Bhagwati Oxygen Ltd. for the erection, installation and commissioning of an oxygen plant at a lump‑sum price, subject to variations for imported components. Due to exchange‑rate and customs‑duty changes the price rose, and the parties later disputed a sum of Rs 17,95,…

The wife, N. Suriyakalan, filed a criminal case under Sections 498A and 406 IPC and Section 4 of the Dowry Prohibition Act against her husband A. Mohandoss and his relatives, which the Madras High Court later quashed. She also filed a maintenance petition. An SLP under Article 136 of the Constitution was filed 978 days…

Vishal Exports Overseas Ltd exported 4.8 lakh coffee mugs at a declared FOB price of US $3.40 per piece and claimed Duty Entitlement Pass Book (DEPB) credit. The Customs authorities alleged that the FOB value was inflated to Rs.157 per piece (US $3.40) and recomputed it at Rs.80 per piece, confiscated the goods and imp…

The case concerned a Grade‑A officer of the Customs and Central Excise Service (respondent S.K. Goel) who claimed that his Annual Confidential Reports (ACRs) for 1994‑95 were improperly graded and that the lower grading by the reviewing officer was not communicated to him, affecting his seniority for promotion to Commi…

The Supreme Court examined whether the committees constituted to refine the hawking‑zone scheme in Mumbai had exceeded the Court's earlier approval of 187 roads as hawking zones. It held that the committees acted within the Court's directions and their reduction of some roads did not deprive hawkers of their constituti…

The Supreme Court examined the cancellation of 413 petroleum retail, LPG and SKO‑LDO allotments that were alleged to have been made on the basis of political patronage. The Court set aside the Central Government's blanket cancellation order, appointed a Committee to investigate each case, and directed it to consider bo…

The appellant, S. Nazeer Ahmed, had borrowed Rs.1,10,000 from State Bank of Mysore for a bus, securing the loan by hypothecating the bus and equitably mortgaging two immovable properties. The bank first obtained a money decree, but could not sell the hypothecated bus and later sued for enforcement of the equitable mort…

Rajasthan TaxChem Ltd, a manufacturer of polyester yarn, purchased diesel to run generator sets that supplied electricity for its production process and claimed a concessional sales‑tax rate of 3% under Section 10(1) of the Rajasthan Sales Tax Act, 1994. The assessing authority held that diesel was not a raw material a…

The State of Rajasthan auctioned a 10,490 sq m plot to H.V. Hotels for a hotel, stipulating a floor‑area ratio (FAR) of 1.0 and requiring surrender of land for road widening. The sale deed allowed the buyer to obtain any additional FAR if permitted by future building bye‑laws. After the Jaipur Development Authority (JD…

Venkatesh Gopal Mahishi, an award staff of Union Bank of India, retired on medical grounds in November 1993 and secured a compassionate appointment for his son. The Bank later framed the Union Bank of India (Employees') Pension Regulations, 1995, offering pension to employees who voluntarily retired between 1 January 1…

The applicant, who was the respondent in a civil appeal, filed an application for clarification of a judgment dated 2 August 2005, claiming financial hardship and seeking recovery of a balance after his pension was attached. The opposing party argued that the application was in substance a review of the judgment. The S…

During the 1993 Assembly elections, a Maruti Gypsy owned by Respondent No.3 and insured by National Insurance Co. Ltd. was requisitioned by the Sub‑Divisional Magistrate under the Representation of the People Act. While the magistrate was travelling in the vehicle, it met with an accident that caused the death of a boy…

The Shakur Basti Shamshan BhumI Sudhar Samiti, a society managing a cremation ground, challenged a series of orders that allowed the land to be used for residential purposes and later directed the Lieutenant Governor to allot the land to the Municipal Corporation of Delhi (MCD) for continued cremation use. The High Cou…

The case arose from a dispute over litigation in which the accused Sewa Ram, Ram Prasad (deceased), Parmeshwari and Sunder Lal attacked Genda Devi with lathis and a kanthi, causing her death, and also assaulted the complainant Shaukat Ali. The trial court convicted them under Section 302 read with Section 34 of the IPC…

Indu Nissan OXO Chemicals imported certain products and disputed their classification, leading the Customs authorities to levy a penalty of Rs 10 crore under Section 112(a) of the Customs Act, 1962. The company appealed to CESTAT, which conditioned the hearing on a pre‑deposit of Rs 2 crore under Section 129E, a requir…

The plaintiff Muthuswamy Gounder sued for declaration and injunction claiming title to a land parcel based on a sale deed and alleged adverse possession of over 60 years. The defendants claimed ownership through purchase from members of the Iyer family and argued that the alleged occupants, K and her foster son DO, wer…

The appellant, a driver of a Tata Spacio, was intercepted by police and, according to the prosecution, snatched a service revolver during a scuffle and fired at the complainant, a police sub‑inspector, causing a gunshot injury. He was convicted by the trial courts under IPC sections 307 (attempt to murder) and 353 (vol…

Gurunath Manohar Pavaskar and others sued Nagesh Siddappa Navalgund and others for permanent and mandatory injunction, alleging that the defendants had encroached upon land they claimed to own by deed of sale dated 7‑Nov‑1984. The trial court decreed the suit, and the Karnataka High Court upheld the decree, holding tha…

The petitioners, Mis. Oriental Select Granite Pvt. Ltd., challenged demand notices requiring them to pay the value of granite excavated between 27 August 1993 and 18 January 1996, contending that they were protected by interim orders of the Karnataka High Court dated 24 October 1990 and a status‑quo order of 24 June 19…

The appellants, selected candidates of the Haryana Civil Service (Executive Branch) and Allied Services, sought appointment after the State of Haryana reduced the cadre strength from 300 to 230 posts following a Model Code of Conduct during elections. The High Court dismissed their writ petitions, holding that the sele…

Mis. Mercantile Company received raw chemicals from Mis. T. Paul & Sons, supplied by Mis. Philips India Ltd., and carried out filtering, repacking into 50 ml containers, labeling and marketing them as distinct cleaning products. The Central Excise authorities classified these goods under sub‑heading 3402.90 of the Cent…

The case concerned the transfer of 236 non‑executive employees recruited by NTPC for the BALCO Captive Power Plant (BCPP) to BALCO after BALCO was disinvested and became a private concern. The employees argued that they were appointed by NTPC, not BALCO, and that the 1990 NTPC‑BALCO agreement and the clause 14 in their…

The respondent filed a complaint under Section 138 of the Negotiable Instruments Act alleging that nine cheques issued by the appellants had bounced. The respondent claimed to have served statutory notice to the appellants on May 7, 2000, but the notice was not sent by registered post and the affidavits of the process …

Jaswantsingh Pratapsingh Jadeja was appointed as a Vigilance Officer of the Rajkot Municipal Corporation on a temporary basis with a six‑month probation under the Bombay Provincial Municipal Corporation Act, 1949. His probation was repeatedly extended beyond the statutory limit, and after a period of unauthorized leave…

B.M. Malani invested Rs 65 lakhs in a Unit Trust of India (UTI) monthly‑income scheme in 1998, seeking exemption under Sec. 54AE. The scheme stipulated a five‑year lock‑in and that units could be redeemed only at face value (Rs 10) after the lock‑in, with repurchase option exercisable by the investor from 1 Sept 2001. …

The workmen of Karnataka Pulpwood Ltd, a loss‑making joint‑sector subsidiary of Karnataka Forest Development Corporation Ltd (KFDC), sought compulsory absorption into KFDC after the State Government granted permission to close the undertaking under Section 25 of the Industrial Disputes Act, 1947. The Karnataka High Cou…

The State of Punjab issued a show‑cause notice on 4 September 2006 under section 21(1) of the Punjab Cooperative Societies Act, 1948 to revise an assessment order dated 20 March 2001, more than five years after the assessment was completed. The respondent, Bhatinda District Cooperative Milk Producers Union Ltd., did no…

The appellant borrowed Rs 6,02,000 from the respondent in Saudi Arabia and executed a promissory note there. The respondent filed a suit for recovery in the Subordinate Court at Attingal, Kerala. The appellant contended that the court lacked territorial jurisdiction under Section 20 of the CPC because the cause of acti…

The appellant filed a suit in 2001 seeking declaration of title, an injunction and, alternatively, recovery of possession of a property, alleging that the cause of action arose in 1994. The respondents moved an application under Order 7 Rule 11(d) of the CPC to reject the plaint on the ground that the suit was barred b…

The State of Uttar Pradesh acquired land for G.M. Tanda Thermal Power Project and the Special Land Acquisition Officer (SLAO) engaged daily‑wage workers, including Jai Prakash Srivastava, to handle the acquisition cases. Although the appellant (the power project company) funded the wages, the appointment and supervisio…

The consumer, Suresh Jindal, challenged the replacement of his electromechanical electricity meter with an electronic one by BSES Rajdhani Power Ltd, alleging the new meter ran fast (+1.79%) and was illegal. He sought a writ of mandamus to quash the replacement and the testing report. The Delhi High Court dismissed the…

The appellant Attar Singh Kaushik and respondent Vishveshwar Dayal Sharma were both Assistant Sub‑Inspectors of Police who were deputed to the Vigilance Department of the Delhi Transport Authority and later absorbed permanently. A dispute arose over their inter‑se seniority after absorption, with the respondent having …

The Maharashtra State Road Development Corporation (MSRDC) issued a global tender for the Mumbai Trans Harbour Link project, requiring a consortium to demonstrate a net cash profit (NCP) of at least Rs. 200 crore. Reliance Energy Ltd. and Hyundai Engineering & Construction (HDEC) formed a consortium but were excluded i…

The appellants, Sunil Kumar Parimal and Shiv Shankar Roy, enrolled in C.P.Ed and D.P.Ed courses at Tirhut Physical Education College for the 1994-95 and 1995-96 sessions, a college that was duly recognised at the time. The Bihar School Examination Board, tasked with conducting the examinations, failed to hold the exams…

Krishnan filed a suit for declaration and injunction claiming that a mortgaged land was sold to him by Ramayee (alias Lakshmi) through registered deeds, which the defendant alleged were forged. The trial court dismissed the suit, but the first appellate court reversed the decision, holding that Ramayee and Lakshmi were…

The Supreme Court considered a petition seeking to halt the dismantling of the ship "Blue Lady" at Alang, Gujarat, on grounds of environmental hazards such as asbestos and PCB. The Court had earlier constituted a Committee of Technical Experts (TEC) to examine the ship‑breaking infrastructure, health‑safety measures, a…

The appellant was convicted of murder under Section 302 IPC for stabbing the deceased, Alimat alias Aliul Zaman, on 29 September 1990 in Jindighi, Murshidabad. The prosecution relied on the testimony of two eye‑witnesses who saw the appellant stab the victim, while the defence argued that the FIR was lodged after a del…

Punjab National Bank (PNB) held 66.94% of the shares in a co‑owned property and sought its partition. A preliminary decree in 1977 allotted the bank 83 of 124 shares and ordered a public auction of the property, but the auction was never carried out. After several fresh valuations and a confirmed sale to PNB on 24 June…

The Supreme Court heard civil appeals challenging the Appellate Tribunal for Electricity’s dismissal of an appeal against the Jharkhand State Electricity Regulatory Commission’s tariff order concerning two power plants of DLF Power Ltd. The Court examined whether the State Commission had jurisdiction under the Electric…

The Karnataka Industrial Areas Development Board allotted a 2.5‑acre plot to Nandi Cold Storage Pvt Ltd for a cold‑storage project. Subsequent litigation by the original landowners resulted in a High Court stay order, preventing construction, and the company's loan from Karnataka State Financial Corporation was cancell…

The appellant, a Karnataka co‑operative sugar society, contracted a respondent to design, supply, erect and commission a sugar plant, with the respondent furnishing a bank guarantee. The guarantee stipulated that the bank would pay the appellant on demand without demur, and the appellant alone would decide if the guara…

Ram Sunder Ram, a Petrol, Oil and Lubricants clerk in the Indian Army, was alleged to have received illegal money for the clandestine sale of gas. A court of inquiry found him guilty of a prejudicial act, after which he was shown cause; his reply was deemed unsatisfactory and he was discharged from service. He challeng…

Manjula Sinha filed a petition under Section 482 of the CrPC seeking quashing of an FIR registered under Sections 498A and 406 IPC. The Allahabad High Court dismissed the petition, directing that she not be arrested and imposing a maintenance condition. On appeal, the Supreme Court examined the scope of the High Court'…

The appellant, Nooruddin, was charged along with six others for offences including assault, grievous hurt and the death of Udaya Kumar. The trial court convicted him under Sections 143, 148, 341, 326, 302 read with Section 149 IPC, while acquitting the co‑accused on the ground that they were not named in the FIR. On ap…

The deceased, Maniben, was allegedly burnt by her mother‑in‑law and brother‑in‑law after a domestic dispute. She gave a dying declaration to the police and later to a magistrate, identifying both accused as responsible. Both were convicted on the basis of that declaration, which the High Court upheld. On appeal, the ac…

The case involved a partition suit filed by the daughter, Leelavathi, of the deceased G. Venkata Rao, seeking a one‑fourth share in his properties. The three sons contested, asserting that the properties were their personal assets and that the transactions were not benami. The trial court dismissed the suit, holding th…

Mis Mahavir Aluminium Ltd. melted aluminium ingots and added alloys to produce aluminium billets, which were used captively for irrigation pipe manufacture (exempt) and also sold in the open market. The Commissioner of Central Excise demanded excise duty on the billets, holding that the conversion constituted "manufact…

The Uttar Pradesh Higher Education Services Commission advertised vacancies for lecturers (Advertisement No. 29) in 2000 and selected Nidhi Khanna, placing her at the top of the wait‑list. She claimed she never received the appointment letter for a college in Meerut and later sought appointment at C.M.P. Degree College…

Gas Authority of India Ltd. (GAIL) awarded four construction contracts to Mis Keti Construction (I) Ltd. Disputes arose and were referred to arbitration under the contract clause. GAIL sent a panel of three names for a sole arbitrator on 16 February 1999, urging the contractor to select one; the contractor later nomina…

The Promoters & Builders Association of Pune challenged a modification to Pune's Development Control Rules (DCR) wherein the State Government, while sanctioning the Municipal Corporation's proposal under Section 37(2) of the Maharashtra Regional Town Planning Act, 1966, inserted the words "from the very said plot" into…

The assessee, T.T.K. Health Care Ltd, sold packaged "fryums" and claimed they fell under Entry 2, Part I of Schedule II of the Madhya Pradesh Commercial Tax Act, 1994, which defines "cooked food" and attracts a 4% tax. The Commercial Tax Department argued that fryums required further frying and were not directly consum…

The appellant challenged the preventive detention of his brother Bherchand Tikaji Bora under Section 3(1) of COFEPOSA, arguing that the detenu had been fully exonerated in adjudication proceedings under FERA and that this should nullify the detention order. The High Court dismissed the writ, holding that exoneration do…

M.M.S. Investments sued Veerappan and others for specific performance of a sale agreement. After a decree was passed, the defendants sold the disputed land to new purchasers who were impleaded in the appeal. The High Court allowed the impleadment but held that the defence of readiness and willingness under Section 16(c…

Documentary filmmakers sought to enter non‑feature films for the National Film Awards, challenging regulations that required certification by the Central Board of Film Certification (CBFC) and release on film format. They argued that entry did not constitute public exhibition, making certification an unreasonable restr…

The case arose from a reference concerning whether statutes placed in the Ninth Schedule after the Kesavananda Bharati judgment (24 April 1973) can enjoy absolute immunity from judicial review under Article 31B. The petitioners argued that such immunity would violate the basic structure doctrine by abrogating fundament…

On 23 July 1996 the appellant, driver of a lorry, allegedly drove at high speed, struck a tree and caused the deaths of three persons and grievous injuries to three others. He was convicted under Sections 304‑A, 279 and 337 of the Indian Penal Code. On appeal the conviction under Section 279 was set aside but the convi…

The petitioners were workmen appointed on an ad‑hoc basis for the Anpara‑Rihand Nagar railway construction project of Indian Railway Construction Co. Ltd. (IRCON). After the project was completed in early 1998, they were served with retrenchment notices and offered compensation under Section 25‑F of the Industrial Disp…

M. Durai sued Madhu and others for title to a parcel of land, relying on a sale deed dated 19‑Aug‑1978. The defendants claimed they had acquired title by adverse possession, having occupied the land openly and continuously for more than twelve years. The trial court accepted the defendants' claim and dismissed the suit…

The respondent, H.K. Lal, sought to have his date of birth altered in a matriculation certificate issued by the Uttar Pradesh High School and Intermediate Education Board. After a series of writ petitions and a civil suit that resulted in a decree ordering the alteration, the Board appealed the decree. While the appeal…

The Uttar Pradesh Power Corporation Ltd. granted a 33.33% hill‑development rebate on electricity charges to new industrial units in hill districts through notifications issued under Section 49 of the Electricity (Supply) Act, 1948, for a period of five years. Subsequent notifications in 1998 and 1999 reduced the rebate…

Ganeshilal, a temporary peon in the Law Department of the Rajasthan State Government, was terminated and claimed the dismissal violated Section 25‑G of the Industrial Disputes Act, 1947. The State contended that the Law Department was not an "industry" within the meaning of Section 2(s) of the Act, and therefore the em…

Prodigy Electronics Ltd., a Hong Kong company, employed Laxman Prasad as its India marketing manager. After resigning, Prasad allegedly breached the employment contract by soliciting customers, using the company's trade name at a Delhi trade fair, and registering a similar domain name. Prodigy filed a suit in the Delhi…

The employer, Haryana Land Reclamation and Development Corporation Ltd., retrenched Nirmal Kumar, a watchman‑cum‑peon, in 1991. The workman filed a claim petition alleging illegal retrenchment, and the Labour Court held that the dismissal violated Rule 77 of the Rajasthan Industrial Disputes Rules, 1958, ordering reins…

M/S NOPANY INVESTMENTS (P) Ltd., the landlord, sought eviction of SANTOKH SINGH (HUF) tenant. The junior HUF member, Jasraj Singh, filed the suit claiming to be the Karta despite the senior brother being alive but residing abroad and having executed a power of attorney. The Supreme Court held that under such exceptiona…

The appeal concerned a sale deed executed by a tenant, Raghoram, who had deposited twenty times the land revenue to convert his sirdari rights into Bhumidhari rights under the U.P. Zamindari Abolition and Land Reforms Act, 1950. The sale deed was executed on the same day as the deposit, but Raghoram died before a Bhumi…

The respondent advanced a total of Rs. 3,16,000 to the appellant, who later issued a cheque that was dishonoured, leading to a complaint under Section 138 of the Negotiable Instruments Act. The trial court acquitted the appellant, holding that he had discharged the burden of proof on a pre‑ponderance basis despite not …

The case arose from a dispute over a plot of land allotted to Phool Chand, who attempted to raise construction despite an undertaking not to do so. Villagers gathered to oppose the construction; the accused, armed with guns and lathis, proceeded anyway and, after verbal abuse, opened fire, killing two villagers and inj…

The appellant, an X‑ray technician employed by Ahmedabad Municipal Corporation since 1988, also performed clerical and administrative duties. He applied for the post of Assistant Manager, which required ten years of administrative experience, and his application was endorsed by the Medical Officer certifying such exper…

The Supreme Court entertained a public‑interest writ petition filed by environmental lawyer M.C. Mehta concerning the Taj Heritage Corridor project, where the CBI had investigated alleged irregularities involving the then Chief Minister of Uttar Pradesh, Mayawati, and Minister Naseemuddin Siddiqui. After the CBI submit…

Maruti Udyog Ltd. sued the directors of Mahalaxmi Motors Ltd. for failing to pay advances obtained from customers. The dispute was referred to arbitration by the Supreme Court, which ordered the respondents to furnish a bank guarantee of Rs 7.63 crore. The respondents neither provided the guarantee nor disclosed that t…

The State of Madhya Pradesh sought to recruit Assistant Teachers under the Operation Black Board project, amending Rule 10(3) of the 1973 recruitment rules to expedite selection. After interviews in Damoh district, an Administrative Tribunal stayed appointments and later declared the amendment illegal, a decision the S…

Mis Mahalaxmi Motors Ltd. purchased land that had vested in the State of Andhra Pradesh after the 1955 Abolition of Inams Act and constructed a workshop, but the High Court held the land belonged to the State and dismissed its writ petitions. The State, through the Mandal Revenue Officer, initiated proceedings under th…

The State of Maharashtra filed a criminal appeal against the Bombay High Court's order granting anticipatory bail to eight accused—including police officers, politicians and a businessman—who were alleged to have raped a girl who was a minor at the time of the offence. The girl, identified as Puja, was medically examin…

Damnet Chemicals Pvt. Ltd. manufactured two products, ‘CRC 2-26’ and ‘CRC Acryform’, and claimed exemption from central excise duty under Notification No. 120/84‑CE (blended lubricating oil) and Notification No. 175/86‑CE (SSI) respectively. The Central Excise Department issued a show‑cause notice alleging that the pro…

A.M. Moosa, an export house, claimed a deduction under Section 80‑HHC of the Income Tax Act, 1961 for the assessment year 1992‑93. The Assessing Officer disallowed the claim on the ground that the computed "profits of the business" were negative. The disallowance was upheld by the Commissioner of Income Tax (Appeals), …

The appellant, M. Srinivasulu, was convicted under Sections 304B (dowry death) and 498A (cruelty) of the IPC for the self‑immolation death of his wife. The prosecution relied on three letters written by the deceased, alleging they demonstrated a dowry demand and cruelty. The Supreme Court examined whether the letters a…

Mis Saravana Spinning Mills, a textile mill, claimed deductions of Rs. 97.95 lakh and Rs. 77.84 lakh for "modernisation and replacement expenses" as "current repairs" under Section 31(i) of the Income Tax Act for the years ending 31‑03‑1993 and 31‑03‑1994. The Revenue challenged the claim, arguing that the expenditure …

The Income Tax Department discovered that directors of Century Building Industries Pvt Ltd had taken loans in their own names but routed the proceeds and repayments through the company. The company paid interest on these loans without deducting tax at source (TDS) as required under Section 194A(1) of the Income Tax Act…

The Supreme Court examined appeals by the State of Uttar Pradesh against the Allahabad High Court’s order acquitting Govind Das and others, which had set aside convictions under IPC s.302 r/w s.34 and rejected a death‑sentence confirmation. The High Court had relied mainly on the acquittal of a co‑accused and a claim o…

The National Council for Civil Liberties (NCL) filed a public‑interest writ petition under Article 32 alleging that the Narmada Bachao Andolan (NBA) and its activists, including Medha Patkar and Rahul Banerjee, had received foreign funds and supplied arms and explosives to obstruct national dam projects. The petition s…

O.M.M. Private Limited, holder of a mining lease, terminated its contract with Adhunik Steels Ltd., alleging violation of Rule 37 of the Mineral Concession Rules, 1960. Adhunik filed a Section 9 application under the Arbitration and Conciliation Act, 1996 seeking an interim injunction to restrain termination and dispos…

The respondents, who had worked as casual labourers in the office of the Controller of Defence Accounts between 1989 and 1995, claimed entitlement to regularisation under the Government of India's 1993 "Casual Labourers (Grant of Temporary Status and Regularisation) Scheme" after being disengaged due to lack of work. T…

The Supreme Court examined two motor accident death claims where the Motor Accidents Claims Tribunal had applied multipliers based on the age of the deceased to calculate loss‑of‑income compensation under Section 173 of the Motor Vehicles Act, 1988. In the first case, a 25‑year‑old deceased’s parents (both over 65) wer…

The appellants were served summons but filed their written statement two days after the 90‑day deadline prescribed by Order VIII Rule 1 of the Code of Civil Procedure (CPC). The trial court nevertheless accepted the statement, a decision challenged before the Karnataka High Court on the ground that the provision was ma…

The appellant, Soma Chakravarty, a Deputy Manager in the publicity division of ITPO, was charged by a Special Judge under IPC sections 420 r/w 120-B, 429, 468, 471 and the Prevention of Corruption Act for allegedly signing bogus advertisement bills that led to a loss of Rs.30,30,057 to the government. She contended tha…

The Kendriya Vidyalaya Sangathan (KVS) appointed certain teachers on an ad‑hoc basis to fill leave vacancies, stipulating that such appointments did not confer any right to regularisation. The teachers continued in service after the High Court’s interim orders and sought regularisation, invoking the Supreme Court’s dec…

The appellants purchased 14 acres of private forest land in Kerala before the appointed day of 10 May 1971 and sought exemption from vesting under the Kerala Private Forest (Vesting and Assignment) Act, 1971, invoking Section 3(3). The Forest Tribunal granted the exemption, but the State later sought review, which was …

The appellant was convicted of murder under Section 302 of the Indian Penal Code and for a firearms offence under Section 27 of the Arms Act after he shot the deceased, Dinesh, who was unarmed and opening his door during a family wedding. The prosecution proved that the appellant alone was armed, fired a shot that caus…

Saurashtra Chemicals Ltd imported two generator sets, one of which was received on 24 Oct 1998 but not installed until after 1 Apr 2000. At the time of receipt Rule 57Q(3) of the Central Excise Rules applied, allowing up to 75% credit, but the Rules were amended on 1 Apr 2000 by Rule 57AC which limits CENVAT credit on …

Tulip Star Hotels entered into a purchase agreement that required the introduction of a Voluntary Retirement Scheme (VRS). While most workers accepted VRS cheques, a new union of employees demanded that the VRS amounts be paid in separate cheques, which the employer refused to honor. The union filed a complaint under t…

The respondent, Suresh Ramkrishna Burde, claimed to belong to the Halba Scheduled Tribe and produced a caste certificate to obtain a clerk position at BHEL, a post reserved for Scheduled Tribes. After complaints, the employer referred the matter to the District Collector and a Scrutiny Committee, which after thorough i…

The appellant Rattanlal was charged with murder of Santosh Kumar along with two co‑accused. The trial court acquitted them, citing serious inconsistencies in witness statements, medical evidence, the recovery of weapons and the non‑examination of the investigating officer, which created reasonable doubt. The High Court…

Naresh Kumar Madan, a civil engineer employed by the Madhya Pradesh Electricity Board, was caught accepting a bribe of Rs.1,000 for granting an electrical connection and was charged under the Prevention of Corruption Act, 1988. He contended that he was not a "public servant" within the meaning of the Act because the de…

On 27 November 1990, the appellant Magan and four others attacked Indar Singh in Theka Kund village, with Magan shooting an arrow that pierced Indar's chest, leading to his death; Indar's brother Hari Singh was also injured. The trial court convicted all five accused under Sections 148, 302/149 and 323/149 of the IPC, …

Everest Advertising Pvt. Ltd. filed a complaint under the Negotiable Instruments Act against Dalmia Industries Ltd. and its Chairman and Managing Director for dishonour of post‑dated cheques. A Metropolitan Magistrate issued summons against the respondents under CrPC s.204, but later recalled the order for the Chairman…

The case concerned a primary school, a minority institution, where the post of Headmaster became vacant in 1994. Two teachers, Respondent No.2 and Respondent No.6, were the only contenders; Respondent No.2 was appointed, a decision later set aside by the Kerala High Court in favour of Respondent No.6. V.B. Prasad, a dr…

The respondent, a temporary employee, was terminated in 1974 and raised an industrial dispute only in 1992, 18 years later. The Labour Court awarded reinstatement with full back wages, finding the termination illegal, but the High Court modified the award to 50% back wages without providing reasons. The Supreme Court h…

Om Pal was engaged as a daily‑wage worker by the Haryana Urban Development Authority, first in Sub‑division No.2 for 145 days (Oct 1994‑Feb 1995) and then in Sub‑division No.3 for 90 days (Mar‑Jul 1995). After his services were terminated he raised an industrial dispute. The Industrial Tribunal‑cum‑Labour Court treated…

The appellant was convicted by the trial court and the Rajasthan High Court for raping the prosecutrix three times and for robbery, under Sections 376 and 392 of the Indian Penal Code. On appeal, the Supreme Court examined the prosecutrix’s testimony and found it riddled with contradictions – differing accounts of the …

The Income Tax Department searched MKSEPL and seized a diary showing that Mukundra Y.K. Shah invested Rs.26.35 crore in RBI relief bonds. The Assessing Officer concluded that MKSEPL paid Rs.5.99 crore to two firms (MKF and MKI), which then routed the money to Shah, enabling the bond purchase; the payment was treated as…

The appellants, Dilip S. Dahanukar and Goodvalue Marketing Co. Ltd., were convicted under Section 138 read with Section 141 of the Negotiable Instruments Act and were ordered to pay a fine of Rs.25,000 and a compensation of Rs.15,00,000 under Section 357(3) of the CrPC. The trial court also directed the appellants to d…

The case concerned the prosecution of three accused under the Prevention of Corruption Act, 1988. The sanctioning authority approved prosecution of only one accused, but the trial court later impleaded the other two under Section 319 of the Code of Criminal Procedure, 1973, holding that this provision overrides Section…

The Food Corporation of India (FCI) entered into a construction contract with Chandu Construction for godowns, which required the rate to include both labour and material as per CPWD specifications. After termination of the contract, the claimants sought arbitration and were awarded Rs 8,23,101 for the supply of sand, …

The petitioner, who had secured a rank of 418 (later placed at 423) in the 2004 Common Entrance Examination for BDS, sought a writ of mandamus under Article 32 directing the State of Haryana and related authorities to grant him admission in the Government Dental College, Rohtak. He alleged that a lower‑ranked candidate…

The Industrial Papers (Assam) Ltd. Employees Union filed a writ petition alleging that the Assam Industrial Development Corporation Ltd. (AIDC) failed to pay salaries to its members after the Extensible Sack Kraft Paper Project was closed, contending that AIDC was the owner of the project and thus responsible for the e…

The State of Madhya Pradesh appealed a High Court order acquitting Bacchudas and others, who had been convicted by a trial court for culpable homicide not amounting to murder under IPC Section 304 Part II read with Section 34. The prosecution relied on the testimony of the deceased's widow (PW‑1), his son (PW‑2) and a …

Jayantilal Investments, a promoter, was sued by MadhuVihar Co‑operative Housing Society for conveyance of title and an injunction restraining further construction on a plot in Kandivali. The Society argued that under the Maharashtra Ownership Flats Act (MOFA) the promoter must obtain flat‑takers' consent for any additi…

Krishna Bhagya Jala Nigam Ltd entered into a construction contract with G. Harischandra Reddy that contained Clause 29, which provided for disputes to be referred to the Chief Engineer as arbitrator. When a dispute arose, the contractor invoked Clause 29, but the Chief Engineer initially refused, leading the contractor…

The appellant, a partner in a construction firm, entered into arbitration with the respondents over a partnership dispute, resulting in two awards dated 19 April 1997 and 25 November 2000. The appellant sought adjustment of the cross‑award under Order XXI Rules 18 and 19 of the CPC, arguing that the awards could be tre…

The appellants, including Bishan Singh and Govind Ballabh, attacked complainant Harish Bhatt on 30 September 1984, assaulting him with lathis, causing seven injuries (one grievous fracture of the wrist) and extorting Rs 400. The trial court convicted them under Sections 147 and 308/149 of the Indian Penal Code (IPC) an…

The appellant, Mohtesham Mohd. Ismail, was served with a show‑cause notice under the Foreign Exchange Regulation Act, 1973 (FERA) for allegedly remitting funds from the UAE through unauthorized persons and was penalised by the Special Director of Enforcement under section 9(3). He appealed to the Foreign Exchange Regul…

The appellant, Manilal Hiraman Chaudhari, was convicted along with co‑accused for the murder of Bhaulal Jadhav, who had earlier been involved in the killing of the appellant's father. The prosecution relied on eye‑witness testimony of PW‑4, PW‑5 and PW‑6, as well as the testimony of PW‑2 establishing a motive of reveng…

The Supreme Court considered an appeal by Sunil Gupta, successor of a purchaser of property belonging to the deceased Har Bhagwan, who sought to be impleaded in probate proceedings concerning a will dated 09‑09‑1997. The petitioners (the daughters of the deceased) had applied for probate, while the sons objected and on…

Gurdev Raj was accused of striking his mother‑in‑law with an iron rod, causing her death. The victim's daughter‑in‑law (the accused's wife) and sister‑in‑law testified that a quarrel erupted and the accused inflicted the fatal blows. The FIR was lodged the next morning, and the trial court convicted the accused under S…

The Sanatan Dharma Pratinidhi Sabha cancelled a General Power of Attorney and sold a portion of its land after the contractor, Himmat Rai Ahuja, allegedly failed to pay the balance price. The contractor filed a criminal complaint alleging cheating, forgery and criminal conspiracy under Sections 420, 467 and 120B IPC, l…

The vendor (RV) sold a municipal property to Sakunthala without notifying the Coimbatore Municipality, which continued to claim property tax arrears. The Municipality sued RV, obtained a decree, and the property was later auctioned; RV's wife bought it and subsequently sold it to a third party, who sold it to the appel…

Anwar Ali filed a complaint before the District Consumer Forum alleging that his electricity supply was disconnected without prior notice. The Forum awarded him Rs 50,000 compensation with interest, an order upheld by the State Consumer Disputes Redressal Commission and the National Consumer Disputes Redressal Commissi…

The New Okhla Industrial Development Authority (NOIDA) issued a notice under Section 10(1) of the U.P. Industrial Development Act, 1976 to Mis Vishal Properties alleging unauthorized construction and improper use of the ground floor of its plot. The appellant sought a change of user for the ground and upper floors, whi…

The petitioners were 34 daily‑wage employees of the Cooperative Electric Supply Society who were taken over by the U.P. State Electricity Board on 3 April 1997. They had been appointed before 4 May 1990, the cut‑off date for a Board decision dated 28 November 1996 that sought to regularise all daily‑wage employees who …

Mohd. Taherali, a police constable, failed to report for election bandobust duty on 2 September 1999 and was charged with desertion. He had earlier been found guilty of desertion on two occasions and offered no defence. The Superintendent of Police imposed compulsory retirement, which the Administrative Tribunal remitt…

The National Insurance Co. issued a motor insurance policy to the respondents that expired on 29‑06‑1994. An accident occurred on 20‑07‑1994 at 9:15 a.m., three weeks after the policy had lapsed, and the policy was renewed only at 2:00 p.m. on the same day via a Motor Renewal Endorsement. The claim petition was allowed…

Two aided primary schools in Kerala applied for upgradation to secondary level but the State rejected the applications citing lack of funds and non‑compliance with the Kerala Education Rules, 1959. The schools claimed discrimination, arguing that two other schools had previously been upgraded by relaxing the same rules…

A.P. Products purchased various spices that were taxable under Entry 182 of the First Schedule of the Andhra Pradesh General Sales Tax Act, 1957. It mixed and ground these spices to produce masala powder and claimed that, because the ingredients had already been taxed, the finished product should be exempt from further…

The Commissioner of Income Tax, Kerala appealed against the High Court’s order allowing Tara Agencies to claim a weighted deduction under Section 35B(IA) of the Income Tax Act for export‑related expenses. Tara Agencies purchased various grades of tea, blended them, and exported the blended product. The issue was whethe…

The Supreme Court entertained a public‑interest writ petition filed by the People’s Union for Civil Liberties seeking compliance with its earlier direction that the Government of India sanction and operationalise a minimum of 14 lakh Anganwadi centres under the Integrated Child Development Scheme by December 2008. By M…

The Kerala State Road Transport Corporation (KSRTC), an autonomous corporation established under the Road Transport Corporation Act, 1950, sought to defer the implementation of enhanced pension benefits recommended by the Fifth Kerala Pay Commission due to its precarious financial condition. The State Government, after…

Ramchandra Sakharm Mahajan filed a suit for declaration of joint title with defendants 10‑13 and for recovery of possession of a portion of land against defendants 1‑9, relying on a lease deed dated 21‑July‑1875. The trial court dismissed the suit, refusing to allow a belated amendment of the plaint to give better part…

The State of Karnataka prosecuted Khatua for setting his brother‑in‑law on fire, resulting in death. The trial court convicted him under Section 302 IPC (murder) and sentenced him to life imprisonment. On appeal, the Karnataka High Court altered the conviction to Section 304 Part‑II IPC, reasoning that the accused acte…

The General Insurance Council filed a writ petition seeking a direction to all State Governments and Union Territories to ensure that police officers comply with Section 158(6) of the Motor Vehicles Act, 1988, which obliges them to forward accident reports to the appropriate Claims Tribunal and insurer "as soon as" the…