Judgments of 2007

M.S. Shoes East Ltd imported a 1993 Rolls Royce car in 1996 and filed a Bill of Entry on 31 August 1996, but customs clearance was only granted in March 2005. The dispute centered on whether the assessable value for customs duty should reflect the car's price at the time of import or be reduced to account for depreciat…

Binani Industries Ltd, a dealer engaged in leasing machinery and vehicles, challenged the Karnataka Revenue Department’s reopening of its sales‑tax assessments for assessment years 1996‑97 to 1999‑2000 on the ground that the later circular of 23 Oct 1999, which overruled the earlier 12 Apr 1996 circular, could not be u…

The Greater Bombay Co‑operative Bank Ltd. advanced loans to its member company United Yarn Tex Pvt. Ltd. and sought recovery of the dues under the Maharashtra Co‑operative Societies Act, 1960. The High Courts held that, after the establishment of the Debt Recovery Tribunal under the Recovery of Debts Due to Banks and F…

The appellant, Besant Theosophical College, a private aided institution, sought to fill a vacant Librarian post. The qualifications for the post were originally prescribed by G.O. Ms No.12 (1992) and later superseded by G.O. Ms No.208 (1999). The State Government issued a circular on 31 August 2000 directing colleges t…

Ishika Wajma‑Harima Heavy Industries Ltd., a Japanese company, entered into a turnkey LNG project contract with Petronet LNG Ltd. that involved offshore supply of equipment, offshore services, onshore supply, onshore services and construction. The company sought an advance ruling on whether the amounts received for off…

The father of a deceased woman appealed against the High Court's acquittal of her husband, who was charged with murder under Section 302 IPC. The trial court had convicted the husband based on circumstantial evidence, a threatening letter (Exhibit 7) establishing motive, the recovery of a revolver with smoke, and the f…

The Supreme Court examined whether the Rajasthan Government must, as a matter of law, constitute a committee of management for a Jain temple that falls under Chapter X of the Rajasthan Public Trusts Act, 1959, or whether it retains discretionary power. The Court held that Section 53 uses the word "shall," indicating an…

Ralson Industries Ltd filed its return for AY 1992‑93 reporting income of Rs.26,66,355. The assessing officer, under section 143(3), assessed income at Rs.35,40,414. The Commissioner invoked section 263, set aside the assessment and directed a fresh assessment, excluding transport receipts and interest under sections 8…

The Supreme Court examined the auction of residential properties of the late Harshad Mehta, where Yogesh Mehta was the highest bidder. The Special Court provisionally accepted his bid but, pending a Supreme Court stay, the sale was not finalized. The Special Court later ordered forfeiture of Mehta's earnest money for f…

Gulzar was convicted of stealing an attache containing about Rs 55,000 from Vinod Kumar Aggarwal on a bus; the attache was later recovered from Gulzar’s possession but he could not explain the source of the money. The trial court sentenced him to three years’ rigorous imprisonment under Section 379 of the Indian Penal …

The State of Maharashtra appealed to the Supreme Court seeking expunction of adverse remarks made by the Bombay High Court against the then Chief Minister and the Managing Director of CIDCO, who were not parties to the proceedings. The High Court had interpreted the Chief Minister's notation "please put up" on land‑all…

Fedders Lloyd Corporation Ltd manufactured condensing units at its Delhi plant and procured cooling units from local manufacturers. It assembled these components with pipe kits, cords, remote controls and performed quality checks at its Mumbai workshop, thereby creating a complete split air‑conditioner that was sold un…

The appellant, a three‑star hotel, collected a compulsory 10% service charge on customer bills and distributed the amount quarterly among its employees. The issue before the Supreme Court was whether such service charges constitute "wages" under section 2(22) of the Employees' State Insurance Act, 1948. The ESI Court a…

The State of Madhya Pradesh prosecuted Babulal for raping a married woman in broad daylight, threatening her with a knife. The trial court convicted him under Section 376(1) IPC and sentenced him to seven years' rigorous imprisonment with a fine of Rs.2,500. The High Court reduced the sentence to the two months already…

Sanjay Kumar Kedia incorporated two companies, Xponse Technologies Ltd and Xponse IT Services Pvt Ltd, which were alleged to have used their internet platforms to arrange the supply of psychotropic drugs such as phentermine and butalbital to customers abroad. The Narcotics Control Bureau investigated, seized assets and…

The respondent, a workman employed by L&T Komatsu Ltd., was dismissed after being found guilty of unauthorized absence for 105 days, with a history of 15 prior instances of absenteeism. The Labour Court set aside the dismissal, ordering reinstatement with continuity of service and a penalty of four stopped increments, …

The Bank of Rajasthan alleged that the Bangur group siphoned its funds, prompting a CBI inquiry and the registration of sixteen FIRs. Concurrently, the Alipore Police registered FIR No.138/2001 against the Bangurs, which was later closed because the investigation was transferred to the CBI. The respondents filed revisi…

Ram Prakash Gupta, a handicapped plaintiff, filed a suit in 1990 seeking declaration of ownership of his house and nullity of two decrees obtained fraudulently by his brothers' sons in 1976. He discovered the fraudulent decree only in 1986 when an interpleader suit disclosed it. After 15 years of litigation, the respon…

The case involved a violent dispute between neighbouring families that escalated into a gruesome attack where the appellants, Motilal and Santosh Kumar, assaulted and killed three persons, dragged a fourth, poured kerosene on her and set her on fire, and also assaulted others who tried to intervene. The trial court sen…

Shaik Mastan Vali was convicted under Section 302 of the Indian Penal Code for the murder of Nagandla Pichamma, with whom he had an illicit relationship. The prosecution relied on circumstantial evidence: the appellant was seen beating the deceased and dragging her to a hut, a towel belonging to him was found tied arou…

The appellant, an informant, reported that his brother was murdered and the accused were charged with the crime. The accused applied for bail, which was rejected by the Additional Chief Judicial Magistrate and the Additional Sessions Judge, but the Rajasthan High Court later granted bail without recording any reasons. …

The case concerned several civil appeals arising from the imposition of penalty under Section 78(5) of the Rajasthan Sales Tax Act, 1994 (in pari materia with Section 22A(7) of the Rajasthan Sales Tax Act, 1954) for carrying goods in movement with blank Form ST‑18A/18C that had been signed but left incomplete. The Supr…

The Punjab Government issued notifications under Section 4 of the Land Acquisition Act to acquire 9,354 acres for the proposed new town of Anandgarh. Writ petitions challenged the acquisition, arguing that the Punjab Regional and Town Planning and Development Act, 1995 required the Board constituted under Section 3 to …

The Chandigarh Administration issued notifications under Section 4 of the Land Acquisition Act, 1894 to acquire lands in Mani Majra for Scheme Nos.2 and 3, which the petitioners challenged on the ground that the acquisition was not for a "building scheme" under Section 192 of the Punjab Municipal Act, 1911. The Supreme…

The appellant Raju @ Raj Kumar was convicted under Section 148 of the Indian Penal Code for rioting with a deadly weapon after allegedly stabbing his father during a violent incident. The trial court also convicted him under Section 302 for murder, but the State did not appeal that conviction, and the High Court upheld…

Abdul Aziz was tried and convicted under Section 460 of the Indian Penal Code for house‑trespass resulting in death and sentenced to ten years' rigorous imprisonment. The State did not file any appeal for enhancement or for conviction under Section 302. In the appellant's own appeal, the Rajasthan High Court substitute…

Dayal Singh was convicted under Sections 498A and 302 IPC for cruelty and murder of his wife, Tejinder Kaur, based primarily on her dying declaration recorded by a police head constable in the presence of a doctor. The appellant challenged the admissibility of the declaration, arguing it was not recorded by a magistrat…

The employees, who were former nominal muster‑roll (NMR) workers, were appointed as Attenders under a circular that gave preference to ex‑employees. Verification revealed they were over the age limit of 28 years prescribed by the Tirumala Tirupati Devasthanams Employees Service Rules, 1989, and they were terminated. Th…

Star India Pvt. Ltd., a broadcaster, entered into an exclusive distribution agreement with Moon Network Pvt. Ltd., a multi‑system operator (MSO), for the Agra territory. Sea TV Network Ltd., another MSO, sought direct signals from Star India but was directed to obtain them from Moon Network, its competitor. Sea TV file…

Ms. Amrit Brar was appointed as an Assistant Commandant in the CRPF on compassionate grounds in 1989 and later deputed to the Punjab Police as a Superintendent in 1993, retaining her lien in the CRPF until her absorption as Deputy Superintendent of Police in Punjab Police in 1998. The appellants, officers of the Punjab…

The Supreme Court examined whether the Kerala State Government could, under Article 162 of the Constitution, issue a comprehensive Government Order (G.O.) dated 26‑27 November 1993 withdrawing tax exemption granted under the Kerala General Sales Tax Act, 1963, due to an acute power shortage. The Court held that the Sta…

The Sub‑Divisional Officer (SDO) of Kotdwar allotted a parcel of government land to Mahanth Govind Das and executed a lease deed for thirty years. The appellants later purchased the structures on that land and sought mutation in their favour, prompting the Deputy Collector to direct transfer of the land to them. The Di…

The appellant Ranjit Singh was convicted under Section 302 IPC for the murder of Bhanwar Lal and Ram Lal, based on an FIR lodged shortly after the incident and the testimony of three family members who witnessed the killings. The prosecution established specific overt acts, identified the accused, and attributed a moti…

The respondent, a bus conductor for APSRTC, was caught on 23 May 2000 issuing tickets of 0.50 paise instead of the correct fare of Rs 4 to sixteen illiterate female passengers, thereby pocketing an extra Rs 52. The management dismissed him, and the Labour Court upheld the dismissal as justified misconduct. The responde…

The Supreme Court heard an appeal by Sumangalam Co‑operative Housing Society Ltd against a suo moto writ filed by the Gujarat High Court that alleged irregularities, undervaluation and fraud in the allotment of land by the Ahmedabad Urban Development Authority (AUDA). The High Court had held that the society obtained l…

Whirlpool of India Ltd, a refrigerator manufacturer, challenged Notification No. 9 of 2000 issued under Section 4A of the Central Excise Act, which required the maximum retail price (MRP) to be printed on the package of goods. The company argued that a refrigerator is not a “packaged commodity” within the meaning of th…

Sunil Kumar, a mini‑truck driver, was injured in a collision on 10 July 2003, sustaining three fractures and a 45% permanent disability. He claimed compensation under Section 166 of the Motor Vehicles Act for loss of earnings, but the Motor Accident Claims Tribunal awarded only Rs 45,000 for disability, Rs 21,000 for t…

The Madras Metropolitan Water Supply & Sewerage Board amended its Leave Regulations in 1993 to grant engineers who obtained a post‑graduate degree accelerated seniority (two years for first class, one year for second class). A 1995 amendment withdrew this benefit and applied the withdrawal even to officers already on s…

Vinitec Electronics supplied UPS systems to HCL but HCL defaulted on a portion of the payment. The contract required a performance bank guarantee of 10% of the contract value, which was initially conditional, payable only upon proof of default. The guarantee was later amended to delete the default condition, making it …

Muthu, a waste‑paper merchant, was charged with murder after he stabbed Siva, a waste‑paper collector, who had thrown rubbish into Muthu's shop. The trial court convicted Muthu under Section 302 IPC and sentenced him to life imprisonment, a decision upheld by the High Court. On appeal, the Supreme Court examined whethe…

The appellant Savitri Goenka challenged a Delhi High Court order that had converted a criminal miscellaneous petition filed under Section 482 of the Code of Criminal Procedure (CPC) into a bail application under Section 438 CPC and granted interim protection, without serving notice on her. The High Court had earlier di…

The Lucknow Development Authority acquired a large tract of land for a housing scheme and the Special Land Acquisition Officer fixed its market value at Rs.2.20 per sq. ft., later increased to Rs.6 per sq. ft. by the acquisition tribunal after considering sale deeds of small plots. The landowners appealed, claiming the…

The respondents, life convicts sentenced in 1988 for murder, challenged a 2002 executive policy of the State of Haryana that set new criteria for premature release of life prisoners based on the nature and number of murders. The Punjab Prison Rules and Section 433A of the CrPC required a minimum of 14 years’ imprisonme…

M/s. Rahul Builders entered into a construction contract with Mis. Arihant Fertilizers, which later defaulted on payments. The latter issued a cheque for Rs.1,00,000 that was returned unpaid because its account was closed. Rahul Builders sent a notice on 31‑Oct‑2000 demanding payment of the pending bills (Rs.8,72,409) …

The dispute arose in the Merry Niketan Cooperative Housing Society Ltd., a group housing cooperative, where several members of the same family owned multiple flats. The society’s bye‑laws sought to limit voting to "one family one vote" and prepared a final voter list accordingly, excluding additional family members. Th…

The respondents, employees of Indian Bank who had served for more than ten years, opted for voluntary retirement and sought to have periods of extraordinary leave on loss of pay counted as qualifying service for pension benefits. The bank rejected their claim, relying on Regulation 17 of the Indian Bank (Employees') Pe…

The respondent, a Junior Management Officer of Bank of India, was found guilty of submitting inflated and false travel, lodging, boarding and halting allowance bills while on deputation and was compulsorily retired under the Bank of India Officer Employees (Conduct) Regulations, 1976. He challenged the retirement throu…

The State of Rajasthan appealed the Rajasthan High Court’s judgment acquitting accused Bada and Sawa and reducing Nana’s conviction from murder to culpable homicide not amounting to murder. The trial court had convicted all three under Section 302 read with Section 34 based on the testimony of injured eye‑witnesses PW‑…

Investors who had subscribed to fixed deposit and saving schemes of M/s Habib Investments Ltd. alleged that the company failed to honour certificates on maturity and filed FIRs. They obtained an order from a Metropolitan Magistrate for appointment of a receiver and attachment of five properties, but the attachment orde…

The appellant, a voter, filed an election petition seeking to declare the election of the first respondent, a legislator, void on four grounds: improper rejection of a dummy candidate’s nomination, acceptance of the respondent’s nomination despite a double entry in the electoral roll, acceptance of a Bahujan Samaj Part…

The author Dr. P.V. Narayana published a novel titled "Dharmakaarana" depicting the 12th‑century saint Basaveshwara, which included a controversial Chapter 12 alleging the saint's sister bore an illegitimate child. Several eminent persons complained that the chapter insulted religious sentiments, prompting the Karnatak…

Masooda Parveen, the widow of Ghulam Mohi‑ud‑din Regoo, filed a writ petition under Article 32 seeking compensation and a compassionate appointment, alleging that her husband died in army custody and that the Army violated Section 6 of the Armed Forces (J&K) Special Powers Act by not promptly informing the nearest poli…

The respondent, a daily‑wage substitute to a regular EDA, claimed she had completed 240 days of service before 7 May 1985 and sought regularisation under a 13 Nov 1987 circular that allowed such substitutes to be appointed as EDAs in vacant posts. The Central Administrative Tribunal directed that if she had indeed comp…

The appellant, Shilpa Shares and Securities, had taken a loan from the National Co-operative Bank Ltd. and defaulted on repayment. Under the Maharashtra Co-operative Societies Rules, 1961, the bank initiated recovery proceedings and conducted an auction of the appellant's immovable property pursuant to Rule 107, which …

The respondents, initially appointed as Laboratory Assistants and later serving as Teacher Grade‑III, applied for promotion to the post of Headmaster of secondary schools under a Rajasthan Public Service Commission advertisement. The Commission rejected their applications, holding that their experience did not satisfy …

Larsen & Tubro Ltd entered into a bridge‑construction contract for the Konkan Railway and manufactured pre‑stressed concrete (PSC) girders without registering under the Central Excise Act. A first show‑cause notice (SCN) issued under Section 11IA demanding excise duty for March 1993‑December 1994 was later withdrawn wi…

The appellants owned a truck hired to transport wheat belonging to the Food Corporation of India. The Deputy Commissioner, invoking the Essential Commodities Act, 1955, ordered the truck's confiscation, a decision upheld by the Sessions Judge and the Jharkhand High Court. The appellants contended that wheat is a de‑con…

Suresh Chandra Variyal, a regional manager, died in a motor accident while using a company car insured under the Motor Vehicles Act, 1988. His widow and daughter filed a claim under Section 166 against the employer and Oriental Insurance Company. The Motor Accidents Claims Tribunal held the employer liable but exonerat…

The dispute arose when Ojas Industries filed an Industrial Entrepreneur Memorandum (IEM) to set up a sugar mill, and Oudh Sugar Mills filed a later IEM within 7.2 km of Ojas' proposed site. The Delhi High Court held that the 15‑km distance rule applied only between an existing and a proposed mill, not between two propo…

The appellant Mano was convicted, along with three others, for the murder of Pasupathy under Section 302 read with Section 34 of the IPC. The prosecution case relied on the testimony of two brothers of the deceased and on weapons recovered after the incident, though the weapons were not subjected to forensic analysis. …

The Union of India appealed against a Division Bench of the Andhra Pradesh High Court that had set aside the rejection of a pension claim under the Swatantrata Sainik Samman Pension Scheme, 1980. The scheme provides pension to freedom fighters who remained underground for more than six months and who satisfy one of thr…

The State of Goa appealed the acquittal of Sanjay and Anjali Thakran for murder, robbery and criminal conspiracy of a newly‑wed couple. The prosecution relied solely on circumstantial evidence – the accused were last seen with the victims, some jewellery and clothing were recovered from them, and the accused gave no ex…

The complainant Shaikh Saheblal Mardan filed a criminal complaint under IPC sections 406, 420 and 34 against his daughter Rashida Kamaluddin Syed and son‑in‑law Kamaluddin K. Syed for cheating and breach of trust. The complainant died in 1996 while the case was pending. His three sons applied for permission to continue…

The appellant Jatinder Nath entered into a development agreement with Chopra Land Developers for construction of a housing complex in Delhi, agreeing that any dispute would be arbitrated by a sole arbitrator in Faridabad and that the Faridabad courts alone would have jurisdiction. When a dispute arose, the arbitrator e…

The Supreme Court heard appeals by Nelson Fernandes and others against the Bombay High Court’s order that reduced the compensation for land acquired for the Konkan Railway and rejected compensation for trees. The appellants argued that the High Court improperly rejected the government‑approved valuer’s report, applied …

The Supreme Court considered whether the principles laid down in National Insurance Co. Ltd. v. Swaran Singh (2004) apply to insurance claims other than third‑party risks, particularly own‑damage claims. It held that Section 149 of the Motor Vehicles Act, 1988, which imposes a duty on insurers to satisfy judgments for …

The appeal challenged a Division Bench order that the Chief Justice's 2003 notice directing contempt matters to be listed before any judge with the roster to dispose of the main case violated the Contempt of Court Rules. The Supreme Court examined whether such a listing procedure was permissible under the Contempt of C…

Harcharan Singh transferred property to his wife Udham Kaur for maintenance. Udham Kaur claimed absolute ownership, which was upheld by the appellate court. During the pendency of her suit, Harcharan Singh sold the land to Gurmail Singh, who took possession. After Udham Kaur's death, Gurmail Singh sought ownership unde…

Janardhanam Prasad (appellant) entered into a sale agreement with M. Manoharan (defendant No.1) for a piece of land. The same land was later agreed to be sold by the same defendant to Ramdas (respondent No.1) without a fixed time for performance. The respondent paid part consideration but, within 20 days of the agreeme…

The Supreme Court examined whether Prasar Bharati could transfer staff originally appointed by Doordarshan and Akashvani despite the absence of a formal deputation order under the Prasar Bharati Act, 1990. The Court observed that the employees had been working under the Corporation’s control, receiving its salary and o…

M/S Kumar Motors, Bareilly purchased auto‑rickshaw chassis and bodies separately and assembled them before sale. The issue was whether this assembly amounted to "manufacture" under Section 2(e‑1) of the U.P. Sales Tax Act, 1948 and consequently attracted purchase tax under Section 3‑AAAA despite the use of Form III‑A. …

The widow of a deceased employee of the National Institute of Technology (NIT) sought a compassionate appointment for her grandson, who was later given a temporary regular post after a 15‑year delay. The widow later applied for her son’s appointment and for cancellation of the grandson’s post; the High Court dismissed …

Mis. J.K. Corporation Ltd. entered into a two‑part collaboration agreement with Korean firms Samsung and Cheil for licence, know‑how (Part A) and plant‑machinery (Part B) to set up a polyester yarn plant. The company imported the machinery and paid a US$14 lakh licence/know‑how fee after importation. The issue before t…

The appellant and the informant were involved in a commercial dispute over payment for supplied bags. The informant alleged that the appellant and a third person forcibly took Rs.1580 from his pocket, leading to an FIR that listed offences including extortion under Section 384 IPC. The High Court rejected a compromise …

The appellant was convicted under Section 494 of the IPC for marrying a second time while his first marriage subsisted. He appealed the conviction, which was upheld, and then filed a revision petition under Section 397 of the CrPC. The High Court dismissed the revision petition ex parte because the appellant's counsel …

The Kerala government transferred land to GIDA, which invited tenders for its sale. Hotel Venus International was the successful bidder, but it insisted on obtaining an exemption under Section 81(3)(b) of the Kerala Land Reforms Act before furnishing the required bank guarantee. The exemption was delayed, and the succe…

Munna Lal filed a suit for specific performance of a contract for sale of land, which was dismissed by the trial court. The appeal against the dismissal was allowed ex‑parte by the first appellate court, and the appellant sought to set aside the ex‑parte decree under Order XLI Rule 21 of the CPC. The appellant contende…

The petitioner, Rajesh Kumar Sharma, sought to compound an offence under Section 135(1)(a) of the Customs Act, 1962. The Compounding Authority fixed the compounding amount at Rs 10 lakh, which the petitioner challenged as exceeding the permissible limit, arguing that the amount should be limited to 20 % of the market v…

B.G. Shirke Construction Technologies (P) Ltd, a dealer engaged in constructing houses for the Karnataka Housing Board, purchased tower cranes in 1995-96 and claimed a concessional 4% sales tax rate under Notification FD.43.CSL 94(iv) by filing Form 37. The assessing authority held that the company did not satisfy the …

M/s Gomzi Active filed a suit seeking a permanent injunction, damages and rendition of accounts against M/s Reebok India Co. for allegedly infringing the slogan "I am what I am" which Gomzi claimed as its trademark. The trial court held that Gomzi's registered trademark was "Gomzi" and that the slogan was unregistered,…

The mother and daughter (appellants) sued the respondent for recovery of two separate loans of Rs 5 lakhs each, alleging the transactions were loans made through a third party. The respondent had earlier filed two suits against each of them, claiming the sums were part of business transactions, but those suits were wit…

The Karnataka government issued a notification under Section 4 of the Land Acquisition Act, 1894 in 1984 to acquire land for a housing scheme of Vyalikaval House Building Co‑op. Society. The society and the State later declared the acquisition under Section 6 and passed an award, taking possession of the land by 1992. …

The case arose from a partition suit concerning a commercial building, where the appellant, who was occupying the premises and operating a lodge, appealed the final decree that divided the property. The appellant sought a stay of dispossession pending the appeal, while the High Court had only stayed demolition of the b…

The Uttar Pradesh Jal Sansthan, created under the U.P. Water Supply and Sewerage Act, 1975, supplied water and maintained sewerage for railway colonies and stations and demanded service charges from the Railways. The Union of India contended that these charges were a tax on Union property and therefore exempt under Art…

The Union of India appealed against a decision of the Central Administrative Tribunal and the Delhi High Court that had granted Mahajabeen Akhtar, a former Research Assistant of the Bureau of Promotion of Urdu Language, a replacement pay scale on the basis of equality with research assistants in other language departme…

The Supreme Court examined whether the Graduate of Ayurvedic Medicine and Surgery (GAMS) degree awarded by the Bihar State Faculty under the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 remains a recognized qualification in view of the Indian Medicine Central Council Act, 1970, the Bihar Indig…

Mohan Kumar Rayana and Komal Mohan Rayana, a married couple, separated after the birth of their daughter Anisha. The mother obtained custody of the child from the Family Court, while the father was granted limited visitation rights. The Bombay High Court subsequently reduced the father's access, directed both parents t…

The Central Public Works Department issued office orders on 1 August 2002 and 11 March 2003 that reorganised zones by placing civil, electrical and mechanical cadres under a Chief Engineer (either civil or electrical), effectively creating a post that merged distinct services. The respondents challenged the validity of…

Six accused were tried for the murder of Sajjan Singh and injuries to two other persons. The trial court convicted all under Section 302 read with Section 149 IPC and sentenced them to life imprisonment along with other terms. The High Court altered the murder conviction to Section 304 Part II and, for five of the accu…

The State of Karnataka auctions the right to vend arrack; the plaintiffs, experienced excise contractors, won the bids for the 1990‑91 excise year. The Finance Minister, in his budget speech, announced a policy to ban toddy sales statewide from 1 July 1990. The government later failed to fully enforce the ban, allowing…

The appellant, a husband, and his parents-in-law were convicted under Sections 302 and 34 of the IPC for the death of the appellant's wife, who allegedly died after being set on fire. The prosecution's case rested on four dying declarations made by the deceased, which were contradictory: two statements blamed the paren…

The Supreme Court examined whether the Punjab Municipal Act, 1911 (as amended by the 1994 Punjab Amending Act) could levy house tax at different rates for self‑occupied and tenanted premises and whether the definition of "market value" under Section 3(8aa) was unconstitutional for lacking guidelines. The Court held tha…

MIS O.N.G.C. Ltd., a public sector undertaking, paid customs duty on services obtained from Sedco Forex International Drilling Inc. and claimed exemption, but assessment proceeded and was later set aside by the Supreme Court. During the pendency of the appeals, Rs 54,72,87,536 was realized as customs duty and interest,…

The appellant, Veer Prakash Sharma, entered into a contract to purchase welding rods from the respondents but failed to pay the full price and issued two cheques that were later dishonoured. The respondents filed a criminal complaint alleging offences under Sections 402, 406, 409 and 417 of the IPC, and a Special Judic…

The State of Madhya Pradesh charged Basodi with the murder of his nephew under IPC s.302 and the Arms Act s.27, alleging he shot the victim with a muzzle‑loading gun. The trial court convicted Basodi, relying on an alleged extra‑judicial confession made before three witnesses. On appeal, the High Court found the confes…

The State of Karnataka appealed against the acquittal of accused persons (including A‑3 and A‑4) who were alleged to have thrown the deceased's body into a fire, based on the testimony of PW‑26. The principal issue was whether Section 201 of the Indian Penal Code could be invoked when there was no proven offence and wh…

The case involved a murder under Section 302 IPC where the prosecution relied on the dying declaration of the deceased, Atul Prakash Shukla, and the testimony of the sole eyewitness, Anil Prakash Shukla. The deceased gave his statement to the investigating officer twenty days after the incident, claiming he had been tu…

The case involved four accused who, during a robbery on a train in 1994, stabbed one passenger to death and shot another. Eye‑witnesses, who were the victim’s siblings, identified the accused in court, leading to conviction by the trial court. The High Court acquitted them on the ground that no test identification para…

The Maharashtra University of Health Sciences prescribed, through its 2002 Ordinance, that internal assessment marks (20% of total) are to be used only for eligibility and aggregate calculation, while theory (including orals) and practicals are to be passed on the basis of external examination marks alone. A group of M…

The appellant was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to ten years' imprisonment. He appealed, but the Punjab and Haryana High Court disposed of his appeal ex parte because his counsel was absent, despite uncertainty whether notice of non‑appearance had b…

Meena Kumari, a war widow residing in Jheenjhak village of Kanpur Dehat district, filed a writ petition seeking a mandamus directing Indian Oil Corporation Ltd. to grant her a licence for a retail petrol pump under the 30‑December‑1977 notification. The corporation had awarded the licence to another applicant from Farr…

The appellants, traders licensed by the Krishi Utpadan Mandi Samiti, Pilibhit, claimed that they were assured by a letter from the Director of the Mandi Parishad that the shops, godowns and sheds allotted to them would be transferred on a hire‑purchase basis. After shifting their business to a new market site, they wer…

The appellant, K. Balakrishna Rao, was temporarily appointed as an Upper Division Stenographer in 1976 and later selected by the Andhra Pradesh Public Service Commission, initially allotted to the Printing Department. He requested a re‑allotment to the Commercial Taxes Department, which was effected on 25 July 1979, an…

The deceased Sukhdeo Chikane was attacked and fatally injured with a iron instrument called a "sattur" by three accused brothers amid a long‑standing boundary dispute. The FIR named all three assailants and eyewitnesses (Vikram and Avinash Chikane) identified them as the perpetrators. Medical post‑mortem showed multipl…

The petitioner filed a public interest litigation under Article 32 alleging that the Chief Minister of Uttar Pradesh, Mulayam Singh Yadav, and his family acquired assets disproportionate to their known sources of income, violating the Prevention of Corruption Act, 1988. The petition sought a writ of mandamus directing …

CMC Ltd entered into a technology upgrade agreement with Unit Trust of India that contained an arbitration clause stating that each party would appoint an arbitrator and that the arbitration would be conducted in accordance with the Indian Council of Arbitration (ICA) Rules. A dispute arose; the respondent named an arb…

Mis Mil India Ltd, a manufacturer of plant and equipment for soaps and detergents, entered into composite contracts with Godrej Soaps Ltd and Galaxy Surfactants Ltd to supply both its own equipment and duty‑paid bought‑out items such as motor‑pumps and heat exchangers directly to the sites. The Central Excise Departmen…

Gurbachan Lal was appointed as a Senior Project Leader on a temporary basis in an Establishment Development Cell (EDC) created under a DST scheme at Regional Engineering College, Kurukshetra. When the three‑year grant ended, the Board of Governors decided not to merge the EDC with the main college and terminated Lal’s …

The widow of a deceased Record Assistant of State Bank of India applied in February 2000 for a compassionate appointment under the bank's scheme. The bank declined the request, the High Court ordered a reconsideration and eventually allowed the petition, holding that the family’s income was insufficient for basic maint…

Mam Chand filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for injuries caused by a motorcycle driven by Mohinder Pal. The Motor Accident Claims Tribunal held National Insurance Co. liable to pay Rs.60,000. The insurer appealed, contending that the vehicle was not insured at the time of the acci…

Life Insurance Corporation of India (LIC) purchased postage stamps from Maharashtra, which the State of Rajasthan claimed caused revenue loss under the Rajasthan Stamp Law (Adaptation) Act, 1952. The Additional Collector issued a demand notice, which LIC challenged in a writ petition; the petition was dismissed and a s…

The respondents, employed as labourers, cleaners or drivers, were injured in a vehicle accident while performing duties and claimed compensation under the Workmen's Compensation Act, 1923. The Commissioner awarded compensation based on the medical assessment of loss of earning capacity (LEC) and functional disability, …

The appellants operated nine stone‑crushing units in Trisoolam Village, Tamil Nadu, and were served notices by the Tamil Nadu Pollution Control Board for being within 500 metres of a residential area. The appellants contended that the permissible distance had been reduced to 300 metres and that all their units were bey…

P.K. Kapur, a retired Lieutenant Colonel (Time Scale) of the Indian Army who sustained a 30% war injury in 1965, retired on superannuation on 30 November 1989 after 26 years of service. He was initially granted a weightage of 5+3 years (total 8 years) to compute his pension so that it exceeded that of a Major, but afte…

Tej Pal Singh, a government employee, was removed from service and his challenge to the removal was dismissed by multiple forums. He contended that he was not given a proper opportunity of hearing, as the Inquiry Officer refused to summon his witnesses, and the dispute had lingered for fifteen years. The Supreme Court,…

J.K. Synthetics Ltd. dismissed employee K.P. Agrawal for misconduct after an inquiry that found all charges proved. The Labour Court later held the inquiry unfair, found only one charge proved, and substituted dismissal with a lesser punishment of withholding two annual increments, also adding a paragraph granting back…

The Public Concern for Governance Trust filed a public interest litigation challenging the allotment of six residential plots in Navi Mumbai to cooperative societies that were alleged to be dummy entities set up by Vijay Associates (Wadhwa) Developers. The Bombay High Court quashed the allotments, ordered forfeiture of…