Judgments of 2007

Morgan Stanley & Co. (MSCo) sought an advance ruling on whether it had a permanent establishment (PE) in India through its Indian subsidiary, Morgan Stanley Advantage Services Pvt Ltd (MSAS), and on the appropriate transfer pricing method for the services rendered. The Authority for Advance Rulings (AAR) held that MSCo…

The Supreme Court considered appeals arising from a suit concerning the administration of the Lilavati Kirtilal Mehta Medical Trust under the Bombay Public Trust Act, 1950. The trial court had struck out portions of the written statements of defendants 11‑13 and parts of the plaintiff's affidavit, and had refused an am…

The importer South India Television Ltd. imported ceramic capacitors and diodes from Hong Kong and declared low invoice prices. The Customs Department issued a show‑cause notice alleging under‑invoicing and invoked Rule 8 of the Customs Valuation Rules to enhance the assessable value based on export declarations from t…

The petitioners, teachers in private grant‑in‑aid colleges, sought a writ directing the State Government to raise the superannuation age from 58/60 to 62 years, relying on a UGC notification and a Central Government letter that recommended the higher age. The State Government, while adopting the revised pay‑scales, exp…

On 22 January 1997, eight accused persons assaulted Dnyandeo (who later died) and Bapu (who was injured) in the village of Pangulgavhan, using hard blunt objects and dragging them to a river. The FIR was lodged the next morning due to a delay caused by priority given to medical treatment. The accused were convicted und…

Santosh was convicted for murdering Janardhan Dalvi and attempting to murder PW1 (Sandhu) by stabbing with a sharp-edged weapon. The trial court sentenced him to life imprisonment under IPC sections 302 and 307, a decision affirmed by the High Court. On appeal, the accused challenged the credibility of the eyewitness P…

The respondent, a conductor with the Uttar Pradesh State Road Transport Corporation, obstructed a police inspection of his bus and misbehaved with officials, constituting a criminal breach of trust. A departmental inquiry proved the misconduct and the corporation dismissed him; the departmental appeal was rejected. The…

The partners of Somras Distillers (respondents 5‑7) were in arrears of sales‑tax and their properties were attached. A writ petition sought that the tax dues be recovered from the other partners (appellants) and not from them. The High Court ordered the properties to be auctioned; the auction was held but the High Cour…

Master Cables Pvt. Ltd., a manufacturer registered under the Kerala General Sales Tax Act, 1963, sought relief under the Kar Vivad Samadhan Scheme, 1998, after a tax inspection uncovered unaccounted sales. The company claimed that Section 90(3) of the Scheme barred the State from reopening its sales‑tax assessment, inv…

The appellant, a tenant, executed a registered usufructuary mortgage deed with the respondent, the landlord, allowing the appellant to occupy the ground floor in lieu of interest for ten years. After the ten‑year period the respondent filed a suit for redemption and possession, which the trial court dismissed on the gr…

The petitioners, Mahadeo Bhu Khilare and others, were engaged as unpaid assistants by a Talathi (revenue officer) in Maharashtra without any statutory authority or sanctioned post. After the State directed a ban on such engagements, they sought regularisation under a scheme framed by the Maharashtra Administrative Trib…

Sohan Singh Sodhi, a lineman appointed in 1964 and later promoted to Junior Engineer without holding an engineering diploma, challenged the Punjab State Electricity Board's policy of granting higher pay scales and promotions to diploma‑holding linemen. He argued that the Board's refusal to extend the same scale of pay …

The Supreme Court examined the validity of the Constitution (Scheduled Caste) Order 2nd Amendment, 2002 which excluded the Mochi sub‑caste outside the Dang District and Umargaon Taluka of Valsad District, Gujarat, from Schedule I. The Court held that the President’s power under Article 341 to specify Scheduled Castes i…

Hanumanthappa, suffering from cancer, executed a Will two weeks before his death bequeathing his sole agricultural land to his niece (Respondent No.1). The wife and children (appellants) were unaware of the Will, claimed it was fabricated, and sought a declaration that the land was joint family property. The trial cour…

The State of Jharkhand challenged the sales‑tax assessment of Voltas Ltd., which was engaged in works contracts for air‑conditioning plants. The issue was whether, under the Bihar Sales Tax Act, only the value of goods sold in a works contract is taxable or whether other charges such as labour, design, and consumables …

The appellant, Thimmappa Raj, son of the late Narayana Rai, sought to enforce a lease granted to him under the Madras Cultivating Tenants Protection Act, 1955 and claimed exclusive ownership of the Schedule B lease‑hold property, while the respondents (Ramanna Raj and others) filed a suit for partition of properties li…

Relax Safety Industries imported a consignment described as "moulded plastic parts" and "plastic fabricated cups" and declared a low value. Subsequent investigation revealed that the goods were actually dust‑and‑mist respirators, earplugs and a mould, which had been grossly undervalued and mis‑declared. The Collector o…

The respondent, Dinkar Sinha, was commissioned as an Indian Army officer in March 1979, discharged in 1988, and later joined the Uttar Pradesh Police Service under vacancies reserved for ex‑army personnel. He sought additional seniority under the Uttar Pradesh Non‑Technical (Class‑II/Group B) Services Appointment of De…

The appeal concerned the interpretation of Sections 33-B and 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948, in a dispute between a landlord and a tenant. The landlord had sought possession under Section 33-B, while the tenant contested on the ground of lack of bona‑fide requirement and personal cultivatio…

Indian Oil Corporation invited applications for a dealership and prepared a selection panel that initially included Shiv Kant Yadav. Other candidates complained that Yadav had not fully disclosed his income in the application. An enquiry found that Yadav’s actual income exceeded the amount he declared, violating an und…

Lok Seva Shikshan Mandal sought acquisition of two parcels of land for a school and a garden. The government proceeded under the Land Acquisition Act, 1894, but the first respondent challenged the acquisition of the garden parcel (Survey No. 187/3A) by filing a writ petition. The High Court held that the award was not …

An FIR was lodged against the appellant for offences under Sections 307, 324 and later 302 IPC. The police filed a charge‑sheet only against another accused, while a witness (respondent No.1) testified that the appellant was present and participated in the incident. The appellant sought to be summoned under Section 319…

A lecturer on probation at Kumaon Engineering College resigned on 6 September 1993 after a student alleged indecent behaviour against him. The principal forwarded the resignation to the Board of Governors, which accepted it, waiving the notice period. The lecturer later claimed he was coerced into resigning and sought …

The State of Kerala appealed a judgment that had awarded damages to contractor M.A. Mathai for alleged delay in completing work. The contractor claimed that extensions and supplemental agreements were obtained under coercion and that, lacking an escalation clause, he was entitled to damages. The trial court and Kerala …

The All Bengal Excise Licensees Association obtained an interim injunction from the Calcutta High Court prohibiting the State Excise authorities from holding any lottery for the final selection of excise shop licences without the Court's leave. Despite being fully aware of the order, the respondents – senior government…

The appellant Bandu was married to Shanta, who gave birth to a daughter Nita. After marital discord, Bandu alleged Nita was not his child and prevented Shanta from feeding her. On 1 January 1991, Bandu strangled Nita, as testified by Shanta, who was an eye‑witness, and the post‑mortem report showed neck injuries consis…

The Uttar Pradesh Rajya Sadak Pariyahan Karamchari Union filed an application before the Labour Court under Section 11‑C of the U.P. Industrial Disputes Act, read with Section 13‑A of the Industrial Employment (Standing Orders) Act, seeking a declaration that fifteen contract drivers and conductors be regularised as su…

Yogesh Narain Saxena was convicted of murdering his neighbour's ten‑year‑old son, Sandeep, after the child's body was discovered in a tin box inside Saxena's quarter. The prosecution relied solely on circumstantial evidence, including the appellant's proximity to the victim, his presence in the quarter, the recovery of…

The respondent filed a writ petition seeking appointment of an arbitrator under Section 8(1)(b) of the Requisition and Acquisition of Immovable Properties Act, 1952. Before the High Court heard the petition, the matter was referred to a Lok Adalat, which directed the Union of India to appoint an arbitrator. The Union a…

The appellant filed a complaint under Sections 138 and 141 of the Negotiable Instruments Act against Mis Western India Industries Ltd. and several of its directors, alleging joint liability for dishonoured cheques. The respondents contended they were not directors at the relevant time and that the complaint lacked spec…

The appellant, R. Balasubramaniam, purchased a property and was assessed sales tax arrears of Rs.83,53,477, including penalties. He challenged the assessment in a writ petition, which was dismissed, and then filed a writ appeal that remained pending before the Madras High Court. During the pendency of the appeal, the H…

Dr. D.K. Jain (Respondent No.1) was appointed as a Statistical Officer on 14 May 1971 and his services were terminated on 10 April 1974. He challenged the termination and, during the pendency of the writ petition, joined another organization on 25 January 1975. The ICMR (appellant) later offered him reinstatement with …

The appellants, two police officers, were accused of colluding with a counterfeit stamp syndicate and of fabricating false cases against rival gang members. After the Supreme Court ordered the investigation to be transferred to the CBI, the officers were charged under the Maharashtra Control of Organized Crime Act (MCO…

The State of Uttar Pradesh, under its 2001 Film Policy, offers a subsidy to films made in regional languages. SK Theatre Productions produced a Hindi film and applied for a subsidy under clause 23.3, which the Department interpreted as 25% of the processing charges only, limiting the amount to Rs. 10 lakh. The petition…

Kamla Prasad filed a suit in a civil court seeking cancellation of sale deeds alleging they were executed under intoxication and that he was not the sole owner of the land, which was co‑shared with other parties whose names were not entered in the revenue records. The trial court held it had jurisdiction over abadi lan…

The appellant, Sharadamma, widow of B.M. Venkataswamappa, owned land in Byappanahalli that was acquired for the expansion of the New Government Electric Factory. She claimed compensation of Rs 20 per square yard, but the Land Acquisition Officer initially awarded Rs 8,000 per acre; the Reference Court later enhanced it…

The Punjab State Electricity Board (PSEB) engaged several individuals as private meter readers on a contract basis, paying them a fixed rate of Re.1 per meter reading. After the contract periods expired and regular meter readers were appointed, the engagements were terminated. The respondents claimed they were workmen …

The respondent sued the appellant for recovery of money and issued a summons for appearance on 10‑Oct‑1988, which was served on 14‑Oct‑1988 without attaching a copy of the plaint. The trial court, without issuing a fresh summons, proceeded to an ex‑parte hearing and decreed on 13‑Dec‑1988. The appellant learned of the …

The Supreme Court examined writ petitions filed by unsuccessful candidates of the 2003 Uttar Pradesh Civil Judge (Junior Division) examination, challenging the Commission's use of a statistical scaling system to adjust raw marks. The Court held that the scaling method was arbitrary, irrational, and violated Rule 20(1) …

Mahendra and others appealed to the Supreme Court against the Uttarakhand High Court's dismissal of two criminal miscellaneous applications filed against the same impugned order. The High Court held that the appellants had concealed the earlier petition and therefore dismissed both applications. The appellants contende…

The respondent, M. Nagangouda, a former conductor of the North East Karnataka Road Transport Corporation, was dismissed for alleged misconduct. He later claimed entitlement to full back wages, arguing that his agricultural self‑employment during the dismissal period constituted gainful employment. The Labour Court init…

The appellant, a former legal assistant/associate at Mohan Lal Sukhadia University, claimed entitlement to regularisation and the UGC pay scale of Rs.700‑1600 after a series of ad‑hoc appointments spanning over a decade. The University later issued a show‑cause notice alleging over‑payment because the UGC scale was all…

Shanti Lal was caught carrying 7 kg 60 g of contraband opium and was convicted under Sections 8 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court sentenced him to ten years' rigorous imprisonment and a fine of Rs.1 lakh, with an additional three years' imprisonment for default of fine;…

The case involved the murder of four members of a matrimonial family and the attempted murder of the sole eye‑witness, Rajvinder Kaur, who had secretly married a man of a lower caste. The prosecution relied on her testimony, which was given only after eight days due to trauma, and on the recovery of weapons and identit…

The appellant Hariom Agrawal sought to admit a photocopy of a tenancy agreement as secondary evidence after the original was allegedly stolen. The agreement, required to bear a Re.1 stamp, instead had a notarial stamp of Rs.4, i.e., a stamp of sufficient amount but improper description. The trial court admitted the pho…

The appellants, temporary pump operators transferred to the Calcutta Municipal Corporation, claimed they should be appointed as Fitter Drivers rather than the lower post of Turn Cock. A Single Judge of the Calcutta High Court, in a writ order dated 8 January 1992, directed that they be treated as Fitter Drivers and tha…

Bombay Dyeing & Manufacturing Co. operated a composite mill where yarn was spun and grey fabrics were woven but not further processed. Under Notification No. 14/2002‑CE, such grey fabrics are exempt from excise duty (nil rate) provided (i) duty on the yarn input is paid before claiming the exemption and (ii) no CENVAT …

The appellant State of Uttar Pradesh challenged a show‑cause notice that sought to revoke a recognition certificate granted to M/s P.N.C. Construction Ltd. under Section 4‑8 of the U.P. Trade Tax Act, 1948. The assessee, engaged in a works contract to widen roads for the National Highway Authority, purchased raw materi…

Ramesh Kumar, an employee of the Food Corporation of India (FCI), applied for voluntary retirement under the corporation's 2002 scheme on 13 September 2004. He withdrew his application on 27 September 2004, but FCI accepted the retirement on 9 November 2004. Kumar challenged the acceptance before the Punjab and Haryana…

The Supreme Court examined two criminal appeals arising from the death of Gayatri Devi, who was found hanged in her marital home. The husband, Raja Lal Singh, was convicted under Sections 304‑B and 34 IPC for dowry harassment leading to her death, while the brother‑in‑law Pradip Singh and sister‑in‑law Sanjana Devi wer…

The appellant Sujoy Sen was convicted under Section 302 IPC for the murder of Anindita Sengupta, the daughter of the complainant. The FIR stated that the accused entered the complainant's house while the latter was absent, and the complainant later altered his testimony to claim the accused was leaving the house when h…

The State of Tripura appealed a High Court order that had acquitted several CRPF personnel convicted for indiscriminate firing that killed a police officer. The Supreme Court observed that the High Court had passed the operative part of its judgment before recording reasons, resulting in an ante‑dated and procedurally …

The Supreme Court examined a civil appeal (No. 414 of 2001) challenging a Karnataka High Court order that allowed a second appeal without formulating any substantial question of law as required by Section 100 of the Code of Civil Procedure, 1908. The Court reiterated that under Section 100(3) the memorandum of appeal m…

The Union Public Service Commission (UPSC) challenged the eligibility of Sukanta Kar, a Departmental Scientific Officer, for promotion to Deputy Advisor (Training) in the Central Public Health and Environmental Organisation. The UPSC argued that the 1985 Deputy Advisor (Training) Recruitment Rules required a degree in …

The Commissioner of Customs, Maharashtra, alleged that Galaxy Entertainment (I) Pvt. Ltd. undervalued a 20‑lane bowling alley imported from the USA by declaring a CIF price of US$15,000 per lane, whereas comparable imports were priced at US$30,000 per lane. The Department further claimed that a technical and installati…

Kishore Lal, an employee insured under the Employees' State Insurance (ESI) scheme, complained that his wife received negligent medical treatment at an ESI dispensary, leading to her condition worsening. He filed a complaint before the District Consumer Disputes Redressal Forum seeking compensation for negligence, but …

The Indian Iron and Steel Co. Ltd. entered into a contract with Mis. Tiwari Road Lines for transport of steel, which contained an arbitration clause mandating that all disputes be resolved under the Rules of Arbitration of the Indian Council of Arbitration. When the appellant invoked a bank guarantee, the respondent fi…

The appellant, a husband, was convicted under IPC Sections 498-A read with 34 and 306 read with 34 for allegedly abetting his wife's suicide by self‑immolation. The sole evidence against him comprised three dying declarations of the deceased: the first indicated an accidental fire that the husband tried to extinguish, …

The appellant and respondent were partners in a firm with a joint bank account. The respondent allegedly withdrew Rs.12 lakh and later gave the appellant a post‑dated cheque of Rs.7 lakh as security under a police‑station compromise; the cheque was dishonoured and a complaint under Section 138 of the Negotiable Instrum…

Swami Prasad was charged with murdering his step‑brother Rameshwar during a property dispute. He went to the police station with the axe used in the killing and blood‑stained clothes, confessing that the deceased had been killed with that axe. The sole eye‑witness, the victim's sister, heard the alarm and saw the body,…

The appellant, a government school teacher, was convicted under Section 376B of the Indian Penal Code for having sexual intercourse with a student, on the premise that the student was in his custody as a public servant. The trial court held the student to be a consenting adult and acquitted the teacher of rape, but aff…

Jahan Singh, a former Reader at Maharishi Dayanand University, Rohtak, was terminated during probation and later re‑appointed to take up a teaching post at the University of Zambia. He took two years of extraordinary leave without pay and, after returning, claimed annual increments for that period. The University’s Exe…

Crown Re‑roller (P) Ltd., a re‑rolling mill in Orissa, purchased iron and steel scrap from registered dealers. The State of Orissa, under an industrial policy, exempted raw material purchases from sales tax, but a 1989 notification shifted the taxable event to the first point of sale. The company claimed a refund of sa…

Crown Re-roller (P) Ltd., a re‑rolling mill, purchased iron and steel scrap from registered dealers after the State of Orissa issued a 1989 notification making such material taxable at the first point of sale. The company claimed a refund of sales tax under Section 14 of the Orissa Sales Tax Act, arguing that tax had b…

The appellants, directors of City Co‑operative Bank Ltd., challenged a Gujarat High Court interim order that appointed an Administrator in place of the elected board, alleging that no prayer for such relief was made and that the court had usurped the statutory role of the Registrar under the Gujarat Co‑operative Societ…

The New Delhi Municipal Council (NDMC) had 17 senior Shift‑In‑Charge employees who voluntarily became Meter Readers and were given a higher pay scale as an ad‑hoc, personal measure. An industrial dispute was later raised by other Meter Readers, and the Industrial Tribunal awarded pay parity to those Meter Readers who w…

A motor accident on 28‑April‑1995 caused the death of a woman and injury to her son. The driver of the insured tractor had a licence that expired on 27‑August‑1994 and no renewal application had been filed before the accident. The Motor Accidents Claims Tribunal awarded compensation, and the insurer (Oriental Insurance…

The petitioners, India Household and Healthcare Ltd., entered into a Memorandum of Understanding and a licence agreement with the respondents, LG Household and Healthcare Ltd., which contained an arbitration clause. A dispute arose over the use of the LG logo and the respondents obtained an interim injunction restraini…

The respondents were detained for carrying 551 foreign‑origin gold biscuits, and the Commissioner of Customs held that they failed to discharge the burden of proof under Section 123 of the Customs Act, ordering confiscation and penalties. The Appellate Tribunal set aside the confiscation orders, finding that the respon…

The writ petitioner sought permission to operate a Gramin PCO (Village Public Telephone) and the Allahabad High Court, in a non‑reasoned order, held that the Ministry of Communications' guidelines were arbitrary and violative of Article 14, directing the allotment of a VPT. The appellants appealed, contending that the …

The widow of a bus driver employed by the Tamil Nadu State Transport Corporation (TNSTC) filed a claim for Rs.15,00,000 after his death in a bus accident. The Motor Accident Claims Tribunal awarded Rs.7,72,000 using a multiplier of 16 and 9% interest, also allowing amounts for loss of happiness, love and affection, and…

The deceased N.D. Pamboodripad, a retired Kerala High Court Judge, challenged the pension fixed by the Kerala Government, arguing that his "emolument" for pension calculation should include dearness and special allowances (Rs 4,237 per month) and that the ceiling on the special additional pension under Part III of the …

The workmen claimed they were illegally retrenched because they had completed at least 240 days of service in a calendar year, satisfying the condition precedent to retrenchment under Section 6N of the U.P. Industrial Disputes Act, 1947. The employer produced only an extract of the attendance register for the twelve mo…

The City and Industrial Development Corporation of Maharashtra (CIDCO) allotted a commercial plot to original allottees, who transferred it to the appellants. CIDCO accepted transfer fees and full lease premium, executed lease and confirmation deeds, and issued development permission and commencement certificate, after…

Respondent No. I, a science teacher, sued Vedic Girls Senior Secondary School for regularisation of her services, salary by crossed cheques and related benefits. The trial court decreed regularisation and payment of salary but did not specify the salary scale on which arrears were to be calculated. In execution proceed…

The deceased, Halimabi, was married into the appellant's family and allegedly suffered chronic ill‑treatment by her mother‑in‑law and husband. On 13 August 1998, the mother‑in‑law is said to have poured kerosene from a lamp on the deceased, causing severe burns. The victim gave two dying declarations: the first, record…

The owners of a 2‑acre‑37‑guntha land (respondents) obtained a decree for possession after the watch‑factory (HMT Ltd.) had unlawfully occupied an extra 39 gunthas beyond the 1‑acre‑38‑guntha acquired in 1978. While execution of the decree was pending, HMT Ltd. requested the Karnataka Government to issue a preliminary …

The appellant, L.P. Shashi Kumar, on behalf of Goldstone Technologies Ltd., sought release of securities pledged to Industrial Development Bank of India (IDBI) after paying a full and final settlement of a Rs.1000‑lakh term loan. IDBI had obtained a stay from the High Court against an order of the Andhra Pradesh State …

The appellant Ramkishan and his two sons were charged with murder under s.302 read with s.34 IPC for the death of Mohan Gavane, who was alleged to have encroached on the appellant’s land. The trial court convicted all three, but the High Court acquitted the two sons, holding the evidence insufficient, while upholding t…

Neetu, appointed as Audit Inspector, challenged the Punjab and Haryana High Court's order that set aside her appointment on the ground that a writ petition filed as a public interest litigation (PIL) alleged she obtained a Scheduled Caste certificate fraudulently. The Supreme Court examined whether a PIL can be enterta…

The respondents were engaged as contract sweepers and attenders by the Andhra Pradesh State Road Transport Corporation in 1992 and claimed regularisation after completing 240 days of continuous service, alleging that they were denied work from May 1998. The High Court directed their regularisation, but the Corporation …

The appellant, the father of a deceased Army Major, alleged that his son was murdered because he had uncovered corruption, and sought a direction that the Central Bureau of Investigation (CBI) conduct a probe. The High Court dismissed the writ petition, and the appellant appealed. The Supreme Court held that a petition…

The Supreme Court examined whether Animal Driven Vehicles (ADV carts) used to transport sugarcane qualify as "agricultural implements" under a Uttar Pradesh Government Order of 20‑Nov‑1996 that provided purchase subsidies for such implements. The petitioners argued that the carts should be treated as implements, while …

The appellants, landowners whose 89 acres were acquired for a sugar mill under the Land Acquisition Act, 1894, challenged the compensation awarded. The High Court had fixed a market value of Rs.1,20,000 per acre but reduced it by 33% because the exemplars were small plots, arriving at Rs.80,000 per acre. The Supreme Co…

The appellant, a member of Ryot Seva Sahakari Bank, obtained a loan and issued a cheque that was later dishonoured, leading the bank to prosecute him under Section 138 of the Negotiable Instruments Act. The trial court convicted him, sentencing him to six months' imprisonment and ordering compensation; the conviction w…

Kripal Singh, employed as a Beldar from 1 February 1991 to 3 June 1992, was terminated without notice on 4 June 1992. He raised an industrial dispute alleging violation of Section 6(N) of the Uttar Pradesh Industrial Disputes Act, 1947, which requires a worker to have worked at least 240 days in a calendar year for the…

The Supreme Court examined the constitutional validity of Section 35 of the Chhattisgarh Vanijyik Kar Adhiniyam, 1994, which mandated deduction at source of sales tax on payments for works contracts. M/s VIP Constructions challenged the deduction, arguing that the provision failed to determine the value and nature of g…

The appellants, Bogidhola Tea and Trading Co. Ltd. and others, were contractually obliged to supply made tea for the 1984 and 1985 seasons but delivered only a fraction of the quantity. The respondent sued for the price of the remaining tea, and the defendants failed to appear despite service of summons. The trial cour…

The respondent was appointed headmaster of a recognised school despite being the son of the school's manager, which is prohibited by Rule 6 of the Uttar Pradesh Recognised Basic Schools (Junior High Schools) Rules, 1978. The manager had taken temporary leave, but the Supreme Court held that this did not terminate his s…

The State of Uttar Pradesh appealed against the Allahabad High Court's acquittal of Atar Singh and six others who had been convicted for the murder of Ram Murti and assault of three others. The trial court had sentenced the accused under IPC sections 302, 323, 324 r/w 149, 147, 148 and 452, but the High Court set aside…

Des Raj, a retired police constable, got drunk and, after a quarrel between his wife and his neighbour's wife, opened fire with a licensed double‑barrel gun, killing three neighbours and injuring three others including a child. He was convicted under sections 302 and 307 of the IPC and sentenced to death by the Session…

C. Muddaiah, a former First Division Assistant of the Karnataka Housing Board, challenged the Board's seniority list and obtained a judgment from a Single Judge of the Karnataka High Court directing that his seniority be placed above respondents 2‑34 and that he be granted all consequential benefits. The Board appealed…

The case arose from the killing of Chakku Mondal by Kulesh Mondal during a quarrel in which the victim was dragged and struck on the neck with a sharp‑edged weapon. The trial court and the Calcutta High Court convicted the accused under Section 302 read with Section 34 IPC, relying on eyewitness testimony of relatives …

In Civil Appeal No. 4110 of 2007, the Supreme Court examined the High Court's order allowing a transfer petition under Section 24 of the Code of Civil Procedure, 1908, moving a suit from the District Court, Kanyakumari to the Family Court, Chennai. The appellant contended that the transfer was improper because the "cau…

Himadri Chemicals Industries Ltd entered into a contract with Coal Tar Refining Co. for supply of extra‑hard pitch coal, with payment to be made by an irrevocable Letter of Credit (LC) opened by the appellant. The appellant’s bank found discrepancies in the documents and, after the appellant waived them, the parties ag…

The Oriental Insurance Company advertised five Assistant Administrative Officer vacancies on 30 October 2003, reserving one for Scheduled Tribes (ST) but allowing exchange of reservations between Scheduled Castes (SC) and ST where no eligible candidate existed. Sonia, an SC employee, applied, underwent training, sat th…

The Central Bank of India had advanced a loan to Siriguppa Sugars & Chemicals Ltd. secured by a pledge of the company's sugar stock. The company defaulted, and the Recovery Authority seized the pledged sugar without the bank's consent, leading to its sale. The High Court, pending a writ appeal, ordered that portions of…

The petitioners challenged the Election Commission’s order reserving three seats for Scheduled Tribes in the Uttarakhand Legislative Assembly, contending that under Article 332(3) of the Constitution the number of reserved seats must be proportional to the ST population, which is about 3 % of the state’s total, equatin…

The State of Rajasthan prosecuted Wakteng and two others for murder, relying on a statement recorded two days after the assault (Exb.P-10) as a dying declaration and on the recovery of a sword allegedly used in the crime. The High Court acquitted the accused, holding that the statement could not be treated as a dying d…

The respondents filed a writ petition under Article 226 challenging orders issued under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The Allahabad High Court allowed the petition in a summary, cryptic order, relying on a 1986 order of the Prescribed Authority that pertained only to other individuals and n…

The appellant, a retired headmaster, induced a complainant to pay Rs.2,000 as advance for a plot of land that he did not own, issuing bogus receipts and promising allotment within months. The trial court convicted him under Section 420 of the Indian Penal Code for cheating, and the Karnataka High Court upheld the convi…

The State of Maharashtra alleged that a gang led by Chota Shakeel conspired to murder politician Ramdas Nayak, arranging vehicles, firearms and ammunition. The Designated Court acquitted all accused of the murder and related offences, convicting only three of them under the Arms Act for possession of prohibited weapons…

The complainant filed a murder complaint in which the respondents were initially named in the FIR but were later omitted from the array of accused by a Special Investigating Officer after an alibi investigation and were not included in the charge‑sheet. The complainant later moved the trial court under Section 319 of t…

The deceased Heeralal was attacked at night while sleeping; Sunder Lal struck him on the head with a gandasi and Laxmi Narain injured his legs. He died a few hours later and gave a dying declaration identifying the assailants. The trial court convicted both under Section 302 IPC, a conviction affirmed by the High Court…

Mis. Taarika Exports and others were granted an advance licence to import raw materials free of customs duty, subject to an export obligation to ship 5,400 mulberry silk jackets within nine months. The company imported the raw materials, exported only part of the finished goods and failed to meet the export quota, prom…

The appellants, land owners, had declared under the Urban Land (Ceiling and Regulation) Act, 1976 that their land was not surplus because it was already in the possession of the Visakhapatnam Port Trust. The competent authority accepted this and declared them non‑surplus. Subsequent land‑acquisition proceedings were in…

The plaintiff (Respondent No. I) filed a suit for specific performance of a 1972 contract of sale. The trial court decreed in his favour, but the First Appellate Court dismissed the appeal. The plaintiff then filed a second appeal under Section 100 of the CPC, which the Karnataka High Court allowed, holding that the Fi…

M. Vishweshwara Shastry, a defendant in a suit decreed ex-parte, appealed the dismissal of his petition for restoration of the suit. The Karnataka High Court allowed the appeal on payment of costs and directed him to file a written statement within two weeks. Relying on erroneous advice from his counsel, Shastry filed …

The appellant challenged the Bombay High Court's order allowing a second appeal under Section 100 of the Code of Civil Procedure, 1908. The original suit was filed by the respondent-plaintiff, and after a first appeal was decided in favour of the appellant-defendants, the respondent filed a second appeal which the High…

The Regional Provident Fund Commissioner appealed against a Karnataka High Court order that had held Raj's Continental Exports (P) Ltd was not a branch of Mis. Continental Exporters, a proprietorship owned by the same individual who was also the Managing Director of the company. The respondent claimed infancy protectio…

The State of Punjab took over Chanan Devi Memorial Girl High School and, through a letter from the Director of Public Instructions, instructed the District Education Officer to ensure that all staff possessed the qualifications prescribed under the Punjab State Class IV Service Rules, 1963. The authorities held that th…

Umesh was convicted under Section 302 IPC for the murder of Dilip Ganpatrao Shirbhate on 26 November 1997. The prosecution’s case rested on two eyewitnesses who saw Umesh stab the victim, forensic evidence showing the victim’s blood group on Umesh’s shirt, and the recovery of the alleged murder weapon at Umesh’s reside…

The State of Andhra Pradesh acquired 385.46 acres of land for a reservoir project under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded Rs 1,026 per acre, which the claimants contested, leading the Reference Court to award Rs 6,000 per acre on a yield basis using a 20‑year…

The informant filed a complaint alleging offences under Sections 498A, 323 and 504 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The magistrate took cognizance of those offences only and issued summons. The informant later applied that the material in the case diary also justified adding Sections 406 and 307 I…

A school teacher (Respondent No.2) was charged with several offences and an inquiry committee of three members was constituted under the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. Rule 37(6) required the committee to communicate its findings to the Management within ten days. Only the…

The Tamil Nadu Water Supply & Drainage Board entered into a contract with Mis. Sathyanarayana Brothers Pvt. Ltd. for a drinking water project, but the contractor alleged delays and sought arbitration. An umpire awarded amounts to both parties, which the High Court Single Judge set aside on grounds of legal mala fides, …

Vinod Kumar, a bus conductor employed by U.P. State Road Transport Corporation, was found to have collected fare from passengers without issuing tickets, amounting to misappropriation of funds. An internal disciplinary inquiry led to his dismissal, which was challenged in an industrial dispute before the Labour Court. …

The respondents were appointed to bank positions reserved for Scheduled Tribes on the basis of caste certificates claiming membership in the Konda Reddy community. A District Level Committee later cancelled those certificates after an enquiry, leading to their termination. The High Court quashed the committee’s orders,…

The appellants, including Abdul Gafur, were convicted by a trial court and the Gauhati High Court for dacoity, robbery and outraging modesty based on the testimony of several witnesses who claimed the accused entered the Gupta household, assaulted the family, looted gold ornaments and committed rape. The prosecution’s …

Modi Tele Fibres Ltd. had a bulk electricity supply (service connection No. 1008) for its factory and the residential colonies of its employees under an agreement dated 30 September 1994, which barred termination before two years. After permanently closing the factory in September 1995, the company continued to feed el…

Trig Guards Force Ltd built about 50‑60 commercial shops in the Turbhe slum area, one of which pre‑dated the protected‑structure date under the Maharashtra Slums Clearance & Improvement Act, 1971. The Maharashtra Industrial Development Corporation (MIDC) issued a demolition notice for the shop without the mandatory 30‑…

The Palani Roman Catholic Mission (landlord) leased a plot to S. Bhagirath Ammal (tenant) who erected a structure. After the lease expired, the Mission sought possession, and the tenant filed an application under Section 9 of the Madras City Tenants Protection Act, 1921 to purchase the land. While the application was p…

The Supreme Court heard a civil appeal challenging a Patna High Court order that had quashed several land allotments made by the State Government to a private company, on the ground that the allotments were irregular. The petition was filed as a Public Interest Litigation (PIL) by a spokesperson of a recognized politic…

The respondents, originally appointed as Mali (gardener) on daily wages, were later required to work as tractor drivers though no such post existed in the Aravali Golf Club. After being paid tractor‑driver wages, they were regularised only as Mali and filed a suit seeking regularisation as tractor drivers. The trial co…

The petitioners, an unaided school governed by the Delhi School Education Act, challenged the Election Commission’s practice of deploying teachers from government schools for election‑related duties during school hours, alleging that it disrupted education and violated the right to education. The Delhi High Court had d…

The Supreme Court examined the constitutional validity of Section 30 of the Punjab Excise Act, 1914, which barred men under 25 and all women from employment in premises serving liquor. The Court held that the provision violates Articles 14, 15 and 19(1)(g) of the Constitution because it is an unreasonable classificatio…

Numaligarh Refinery Ltd (NRL), a Government undertaking, awarded a turnkey power plant contract to Daelim Industrial Co Ltd (DIC). During execution, DIC lodged a claim of Rs 55.8 crore covering substituted material, turbo‑technical price, counter‑vailing duty, exchange‑rate fluctuation, liquidity damages, and interest,…

The Supreme Court, hearing Writ Petition (Civil) No. 657 of 1995 filed by the Research Foundation for Science, examined the recurring environmental and occupational hazards associated with ship‑breaking activities at Alang. The Court noted that the controversy over the ship Clemenceau had been resolved but the broader …

Professor K.S. Misra worked at Benaras Hindu University (1960‑1979), then at the University of Yemen and Shillong University before joining Aligarh Muslim University (AMU) in 1987 and retiring in 1997. He sought to have his service at Benaras Hindu University counted for pension and other retiral benefits under AMU’s S…

The case arose from a murder in which the first informant, Rajendra Singh, alleged that Kapil Dev Singh (respondent No.2) participated. Although the charge‑sheet named only the co‑accused, the Sessions Court summoned Kapil Dev Singh under Section 319 of the CrPC based on the informant’s statement. Kapil Dev Singh filed…

The appellants Silak Ram, Narotam alias Raja and Bijender alias Binder were convicted for the murder of Jagbir under Sections 302 and 34 IPC. The prosecution relied on three eye‑witnesses (PW10, PW11 and PW14); PW11’s testimony was found cogent and consistent with medical evidence, while PW10’s identification was imper…

Jay Mahakali Rolling Mills challenged the recovery of excise duty and penalty on the ground that bars and rods made from ship‑breaking scrap were exempt under Notification No.101/87‑CE dated 27 March 1987. The issue before the Supreme Court was whether the amendment, communicated through a circular dated 31 March 1987,…

Mis. Trutuf Safety Glass Industries, a manufacturer of automobile safety toughened glass, sought a recognition certificate under Section 4‑B of the U.P. Sales Tax Act, 1948 for the goods listed in Entry 2 of Annexure III of Notification No. ST‑1/‑755 dated 31‑12‑1976, which reads "Glass and glass wares including optica…

Kulwinder Singh was accused of attempting to rape the sister of the complainant, subsequently strangling her, and assaulting the complainant's grandmother with a gandasi, leading to both victims' deaths. The trial court convicted him under Section 302 IPC and sentenced him to death; the High Court set aside the death s…

Respondent No.1, a teacher employed by Kendriya Vidyalaya Sangathan (KVS), exercised the option to remain in the Contributory Provident Fund (CPF) scheme and was allotted a CPF account number. She later sought to switch to the General Provident Fund (GPF) scheme, but KVS rejected her request, leading to a dispute. The …

The appellants were convicted for murder (IPC s.304 Part II) and related offences after assaulting the deceased and his family while cutting paddy from their field. They contended that the FIR was tampered with and that they acted in private defence. The Supreme Court held that the FIR was genuine and that the plea of …

The accused Ajay Singh was convicted of murdering his wife under Section 302 IPC, primarily on the basis of an alleged extra‑judicial confession and the presence of kerosene on his clothing. The Supreme Court examined whether the confession, recorded by witnesses who were either inimical or had a relationship with the …

Virtual Soft Systems Ltd. filed a loss return for AY 1996-97 which was later reduced to a loss of Rs. 11,02,255 after disallowances and adjustments. The Assessing Officer levied a penalty of Rs. 31,71,692 under Section 271(1)(c)(iii) for concealment of income, despite the fact that no tax was payable. The ITAT deleted …

The respondent, F.H. Dubash, filed a writ petition seeking promotion to Rear Admiral, arguing that being second on the merit list entitled him to promotion because two vacancies existed. The Delhi High Court agreed and ordered his promotion. On appeal, the Supreme Court examined the promotion procedure under the Regula…

The Directorate of Revenue received a fax alleging that a guest in a Mumbai hotel possessed Mandrex tablets and cash. Officers searched the guest's hotel room, seized cash and a fax copy of a consignment note, and recorded the accused's statement under Section 67 of the NDPS Act. The trial court convicted the accused u…

The Shipping Corporation of India Ltd (appellant) was contracted to transport a consignment of 16 packages from Kobe, Japan to Madras, India. Upon arrival, five packages were damaged and the respondent sued for damages limited to two of the packages. The trial court and the Madras High Court applied the Indian Carriage…

The appellant, a cooperative society, repeatedly filed several writ petitions and a public interest litigation challenging recovery proceedings and the constitutionality of Section 35A of the Uttar Pradesh Khadi and Village Industries Board Act, 1960. The High Court dismissed the latest writ petition on the ground that…

The appellants, who were directly recruited as Sub‑Inspectors on 25‑04‑1979, challenged a Government order dated 03‑12‑1985 that retrospectively promoted certain private respondents (promotees) who had been entered in Promotion List E in 1978. The order sought to give them seniority over the appellants, ignoring the st…

United Bank of India terminated two commission agents (tiny deposit collectors) in 1984. The Union raised the terminations as industrial disputes, which were referred to the Tamil Nadu Industrial Tribunal. The Tribunal allowed the bank to lead evidence to justify the dismissals and ruled in its favour. The Madras High …

The respondent, a gate‑keeper at Niranjan Cinema, was alleged to have been absent from work and to have started a betel shop. He claimed that his services were terminated and filed an industrial dispute. The Industrial Tribunal held the termination illegal, ordered reinstatement and back wages, and ruled that his self‑…

The Gujarat Maritime Board (GMB), a statutory authority created under the Gujarat Maritime Board Act, 1981 to develop minor ports, applied to be registered as a charitable institution under Section 12A of the Income‑Tax Act, 1961 to claim exemption under Section 11. The Commissioner of Income Tax rejected the applicati…

The appellants filed a suit for specific performance of a land sale contract, which the trial court decreed in their favour. The first appellate court set aside the decree, holding that the plaint did not comply with Section 16(c) of the Specific Relief Act, 1963, and the High Court dismissed the appellants' second app…

M/s Wimco Ltd., a manufacturer of printed paper board boxes, sold waste/scrap/parings generated during production without filing a classification list under Rule 173B or issuing invoices under Rule 52A. The Revenue issued a show‑cause notice and demanded excise duty of Rs 23.20 million with an equal penalty. The CEGAT …

The U.P. Roller Flour Mills Association filed a writ petition under Article 32 alleging that subsidised wheat stocks meant for the Public Distribution System (PDS) were being diverted by the states of West Bengal, Assam and other North‑East states to rolling flour mills, causing loss to the exchequer and depriving inte…

The respondents, scientific officers of the Bureau of Indian Standards (BIS), claimed that they were entitled to promotion to Scientist‑D in 1999 after completing five years in the lower grade under the Flexible Complementing Scheme (FCS). BIS argued that the FCS had been amended by a 1998 notification and a 2002 amend…

Carona Ltd., a public limited company with paid‑up share capital exceeding Rs. 1 crore, was let a premises by a partnership landlord. After defaulting on rent, the landlord gave notice terminating the tenancy on 31 March 2001 and filed an eviction suit. While the suit was pending, the tenant passed a resolution to redu…

The appellant, U.P. Co‑op. Spinning Mills Federation Ltd., had dismissed its Secretary/General Manager, Ram Pratap Yadav, for serious financial irregularities. Yadav challenged the dismissal, arguing that under Regulation 87 of the Uttar Pradesh Co‑operative Societies Employees Service Regulations, 1975, prior concurre…

Prabir Banerjee, a Group‑B Superintendent in the Central Excise Department, was transferred from the Bhopal zone to the Nagpur Commissionerate under an office order. He challenged the transfer, arguing that circulars dated 19 Feb 2004 and 9 Mar 2004 prohibited inter‑zonal transfers, making the order void. The Central A…

Citibank entered into a tripartite agreement with TLC Marketing PLC (UK) and Wunderman India Pvt Ltd (WIPL) to run a "Fly for Sure" scheme offering free return flight vouchers to its credit‑card customers. After numerous complaints that TLC and WIPL failed to honour the vouchers, Citibank terminated the agreement and i…

The State of Uttar Pradesh appealed the Allahabad High Court's acquittal of three accused who had been convicted for murder under Sections 302, 34 and 201 of the IPC. The prosecution's case relied on the identification of a decomposed body recovered a month after the incident, based solely on the clothes worn, and on t…

The appellant Dilawar Singh was accused of robbing a temple priest on 8 August 1984, allegedly with accomplices who tied the priest and stole cash. The prosecution relied solely on the priest's testimony, claiming the accused carried weapons, but no injury was inflicted. The FIR was lodged only on 31 August 1984, creat…

The appellant, Mukesh Kumar, applied for a compassionate appointment as a clerk after his father retired on medical grounds and the appellant was a minor still pursuing studies. The Post Master General rejected the application on the ground that the family was not financially indigent, and subsequent appeals to the Dir…

The respondent, a branch manager of M.P. State Agro Industries Development Corporation Ltd, was found to have caused a loss of Rs 16,903.41 by failing to recover rent on machinery he had let out. The Managing Director, acting as disciplinary authority, imposed a composite penalty of recovering the loss from the respond…

The husband (appellant) was convicted under Section 498‑A of the IPC for the death of his wife by burn injuries, the prosecution alleging a dowry demand. The trial court also convicted the mother‑in‑law and brother‑in‑law under the same provision and the Dowry Prohibition Act, but the High Court acquitted the mother‑in…

The respondent owned a jeep that was taken by a friend and used to transport contraband liquor, leading to its seizure under the Andhra Pradesh Excise Act, 1968. The respondent filed a writ petition claiming he had no knowledge of the offence and that mens rea was required for confiscation. The High Court accepted this…

The State of Rajasthan appealed the acquittal of Babu Ram, who had been found with contraband in a bag and convicted under Section 17 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The Rajasthan High Court set aside the conviction on the ground that Section 50 of the NDPS Act, which mandates certai…

The appellants Jagvir Singh and others were convicted by a trial court under IPC sections 342, 365, 330 read with 34. The Delhi High Court upheld the conviction, observing that the appellants’ counsel had not challenged the conviction but only argued on the quantum of sentence, and it found the sentence not disproporti…

Iqbalbano, married in 1959, filed a petition under Section 125 of the Code of Criminal Procedure in 1992 seeking maintenance from her husband, who claimed that he had divorced her by pronouncing "Talaq" three times, had paid the Mehr and that the Iddat period had ended. The Judicial Magistrate granted maintenance, but …

Om Prakash was convicted under Section 7(1) read with Section 16 of the Prevention of Food Adulteration Act, 1954 for selling 'Khoya' whose milk‑fat content was 19.07% instead of the prescribed minimum of 20%. The trial court sentenced him to six months' imprisonment and a fine of Rs 2,000. After the conviction was uph…

The appellant State of Haryana appealed the High Court's acquittal of Suresh, who had been convicted under Section 18 of the NDPS Act for possession of opium discovered in a false bottom of his attaché case. The High Court set aside the conviction on the ground that the search of the bag violated the mandatory requirem…

The complainant, a registered partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque issued by a business concern named Fine Tubes was dishonoured. The complaint named several persons, including the appellant who was described as "in charge, Manager, Director" of …

Mahendra Singh and his co‑accused Harbhajan Singh were convicted for the murder of Avtar Singh, the son of complainant Kanto Bai, after a dispute over a borrowed bull. The mother, Kanto Bai, was the sole eye‑witness and her testimony was corroborated by the post‑mortem report. The appellant challenged the conviction on…

Bhagubhai Dhanabhai Khalasi was detained under the COFEPOSA Act and his properties were forfeited under SAFEMA. After the forfeiture order was cancelled, the immovable property was not returned, and respondent No.4 claimed a sale deed in his favour. The Gujarat High Court dismissed Khalasi's writ petition under Article…

The Oxford University Press India published a scholarly book titled “Shivaji: Hindu King in Islamic India” which contained a paragraph that offended certain historians, leading to a mob attack on a scholar and the destruction of manuscripts. The State of Maharashtra registered an FIR against the author, publisher and p…

The Madhya Pradesh Administration terminated the services of Tribhuban, who had been employed on a temporary basis with intermittent breaks, prompting an industrial dispute that was adjudicated by an Industrial Tribunal. The Tribunal awarded retrenchment compensation, notice pay and interest, finding the employer had n…

The landlord of an eight‑room building filed seven suits under Section 13(1)(f) of the West Bengal Premises Tenancy Act, 1956 seeking eviction of tenants for rebuilding. The trial court dismissed the suits for lack of proof of a bona‑fide rebuilding need and financial capacity, and the High Court affirmed the dismissal…

The parties were co‑owners of a joint family property and entered into a family settlement on 30‑03‑1973 whereby certain co‑owners were to pay Rs 15,000 each to another co‑owner in instalments, after which they would relinquish their rights. The appellant failed to make the payment and the respondents filed a suit for …

The appellant, Secretary of Akola Taluka Education Society, runs a vocational training institute that saw a sharp decline in student enrolment. It terminated the services of several teachers without giving the three‑month notice required under Rule 26 of the Maharashtra Employees of Private Schools (Conditions of Servi…

The respondent, Mis Distillers Co. Ltd., a licensed arrack bottler under the Karnataka Excise Act, paid additional amounts to the Excise Department for bottling unmatured arrack and for non‑affixation of labels after failing to comply with a circular prescribing a 15‑day maturation period. It claimed these payments as …

Inspector Prem Chand, a raid officer in the Delhi Police, was charged with misconduct, negligence and dereliction of duty for not seizing bribe money that had been tainted with phenolphthalein during a raid on Inspector Preet Pal Bansal. The accused inspector was acquitted in criminal court and the money was later retu…

Appasaheb and his mother-in-law were convicted under IPC Section 304‑B (dowry death) for the suicide of their wife, Bhimabai, who allegedly took poison after being harassed for dowry. The prosecution alleged that the accused demanded money for domestic expenses and for purchasing manure, which the wife could not provid…

M/s. Associated Indem Mechanical Pvt. Ltd. had been granted three 99‑year leases for industrial sheds by the West Bengal Small Scale Industrial Development Corporation Ltd. The lease required the lessee to commence manufacturing within six months and to use the premises for that purpose. The lessee never started produc…

The appellants filed a writ petition alleging that several factories in Mandi Gobindgarh were operating in a residential zone and should be closed. The High Court dismissed the petition, holding that under the then‑applicable (old) Master Plan the factories were situated in an industrial area. The appellants contended …

The case arose from a robbery‑murder where the victim’s shop‑assistant (PW‑1) and other eyewitnesses identified four accused persons, including the appellant, after a test identification parade (TIP) and a confession obtained under Section 27 of the Evidence Act. The appellant challenged the conviction on three grounds…

The Agra Development Authority (respondent No.2) took forcible possession of the appellants' land on 31 August 2000 without invoking the provisions of the Land Acquisition Act. The appellants filed a civil suit for injunction, and the court ordered the authority to pay compensation of Rs.17,84,974.50 within two months,…

The Supreme Court heard a civil appeal filed by the State of Jammu and Kashmir against an interim order of the High Court Division Bench that directed the State to deposit and pay the respondent's minimum wages for the period January 1992 to March 2006 within two weeks, pending a Letters Patent Appeal. The Court noted …

Harpal Singh was apprehended with a kilogram of explosive powder. The police initially filed a charge-sheet under the Explosives Act, 1884, and later filed a supplementary charge-sheet adding offences under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Explosive Substances Act, 1908. The…

The appellant Rajendra was accused of raping his six‑year‑old neighbour’s daughter Sonia on 14 October 2003. The victim’s mother heard her cries, rescued her, and the child was medically examined, revealing bruises and evidence of recent penetration despite an intact hymen. The trial court acquitted Rajendra, but the H…

The case arose from a village procession during which a group of eleven accused formed an unlawful assembly and attacked several persons, resulting in the death of the deceased (Kannan) and injuries to others. The trial court convicted appellant No.1 (Murugan) under Section 302 IPC for murder and appellants No.8, 9 and…

Naresh Govind Vaze, a judicial officer of Maharashtra, was subjected to departmental disciplinary proceedings for alleged misconduct, including the use of intemperate language in representations to the High Court and other administrative lapses. A District Judge was appointed as the inquiry officer, who found the charg…

The Government of India acquired land for firing ranges and awarded compensation to landholders, who then sought a reference under Section 18 of the Land Acquisition Act, 1894. The Reference Court enhanced the compensation, but both the landholders and the Union of India appealed to the High Court. The High Court dismi…

Sangam Spinners set up a factory on 1 September 1995 and claimed exemption from the Employees Provident Funds Act, 1952 under clause (d) of Section 16(1), which provided a three‑year infancy protection. In 1998, the clause was omitted by amendment Act No. 10 of 1998 with retrospective effect from 22 September 1997, and…

Deva Metal Powders Pvt. Ltd. was originally assessed as dealing in metal and taxed at 2.2% on its aluminium powder. The assessing officer, relying on Hindustan Aluminium Corporation Ltd. v. State of Uttar Pradesh, invoked Section 22 of the Uttar Pradesh Sales Tax Act, 1948 to rectify the assessment, treating the powder…

Mohd. Akram Ansari contested the 2003 Delhi Legislative Assembly election and lost to Haroon Yusuf, who was then Chairman of the Delhi Wakf Board. The appellant challenged Yusuf's election on the ground that the Wakf Board chairmanship was an office of profit and that the election petition raised other issues, includin…

The State of Gujarat appealed a Gujarat High Court order that summoned the Chief Secretary and Law Secretary to appear personally because the State’s appeal was filed 25 days late, citing staff shortages in the Public Prosecutor’s office. The Supreme Court held that the High Court was unjustified in summoning senior of…

The suit involved a property mortgaged to the defendant under a deed dated 19‑03‑1980, which expressly provided that on redemption the mortgagee would revert to being the lessee of the mortgagor. A subsequent partial‑release deed dated 21‑09‑1981 gave the mortgagee a right of first option to purchase the property. The …

The appellant, Bapu/Gajraj Singh, was convicted of murder under s.302 IPC for beheading his wife with a blood‑stained sickle. He claimed exemption under s.84 IPC, asserting that he was of unsound mind at the time of the offence. The trial court and the Rajasthan High Court rejected the plea, and the appellant appealed …

The State of Madhya Pradesh prosecuted Nisar for the double murder of two graziers under Section 302 of the Indian Penal Code. The prosecution’s case relied on Nisar’s alleged extra‑judicial confession, the recovery of the victims' bodies, and an axe found stained with human blood, although the blood group was not dete…

The Supreme Court heard two interlocutory applications filed by Bhopal Gas Peedith Mahila Udyog Sangathan and Bhopal Gas Peedith Sangharsh Sahayog Samiti seeking a re‑examination of the 1989 settlement with Union Carbide, a five‑fold increase in the settlement fund, and directions for the Union of India to pay addition…

The Punjab Irrigation Department had temporarily assigned Current Duty Charge (CDC) to 20 diploma‑holder Junior Engineers (outstanding category) to perform the duties of Sub‑Divisional Officers (SDOs) under a proviso to Rule 5 of the 1941 Service Rules. The CDC was withdrawn in 2005, prompting the engineers to file wri…

The deceased, Kalpana, was married to Rajendra Dhundale, who demanded money and ornaments from her for house construction. After a dispute over the payment, Kalpana died, allegedly after falling into a well. Post‑mortem evidence indicated homicide, not suicide. Rajendra and his parents were convicted under Sections 302…

Four persons were accused of murdering Sushila, a widow, and her two daughters by throwing acid on them in Gaayghat village, Basti district, on the night of 28-29 March 1980. The trial court acquitted all four, but the Allahabad High Court convicted Ram Charittar and Kishori Lal under Sections 302 and 34 of the IPC, se…

Ace Pipeline Contracts Private Ltd. entered into a pipeline contract with Bharat Petroleum Corporation Ltd. that contained Clause 91, appointing the Director (Marketing) of BPCL or his nominee as sole arbitrator. When a dispute arose, Ace wrote to the Director requesting arbitration and asked that a retired Supreme Cou…