Judgments of 2008

The Tamil Nadu Electricity Board inspected Rasipuram Textile Mills and discovered alleged theft of electrical energy. Under Sections 39(1) and 44(1)(c) of the Electricity Act, 1910, the Board prosecuted the company and its directors. The trial court convicted the directors, but the appellate court set aside those convi…

The case involved a robbery on 24 April 2002 in which the victim, Nand Kishore, was assaulted with an iron rod and his bag was stolen. The accused, Aslam @ Deewan and Waseem @ Raju, were arrested after one of them provided information leading to the recovery of the stolen items and the weapon. The injured victim identi…

Manoj and Bijendra Singh, along with Ram Avatar, were convicted for voluntarily causing hurt with dangerous weapons under Section 324 IPC (originally under Section 307 IPC). The High Court altered the conviction to Section 324 IPC. The appellants sought to compound the offence with the complainant, Bahadur Singh, throu…

The National Union of Water Front Workers sought regularisation of its members who were employed as contract labourers by a contractor of Steel Authority of India Ltd. (SAIL). The West Bengal Government issued a 1989 notification prohibiting contract labour and the Calcutta High Court directed SAIL to absorb the worker…

The State of Uttar Pradesh charged Mutahir Mian with murder under Section 302 of the IPC. The trial court convicted him based on the prosecution's version that the accused stabbed the deceased thrice. On appeal, the Allahabad High Court acquitted him, finding that the FIR was not proved to have been lodged at the alleg…

Great Offshore Ltd. filed an arbitration petition asserting that a charter party agreement (CPA) faxed on 22 August 2005 contained a valid arbitration clause. Iranian Offshore Engineering & Construction Co. contested the existence of a binding contract, alleging the faxed CPA was a forged copy, lacked the respondent's …

The appellant, a partnership firm, was awarded a government contract and obtained a Special Imprest Licence (SIL) to import raw materials duty‑free, subject to a bond and an export obligation. After fulfilling the export obligation, the licensing authority issued a forfeiture order, enforced a bond and denied cash comp…

The appellants were convicted under Sections 147 and 324 of the IPC for attacking Abdul Haque Laskar with deadly weapons in 1995. After the convictions, the parties entered into an amicable settlement and sought to compound the offences. The issue before the Supreme Court was whether the offence under Section 324 IPC c…

The widow of a State Bank of India employee applied for a compassionate appointment after her husband, who had been found guilty of gross misconduct and punished, died in service. The bank rejected her claim, citing a clause in its compassionate appointment scheme that excludes dependents of employees with blemished se…

The case concerns the murder of Vyasdeo Yadav, who was allegedly dragged and shot by a group of armed men. The trial court convicted the accused under sections 364 r/w 302, 302 r/w 149, 201 and 148 IPC, but the Patna High Court acquitted them, holding that identification was impossible and that procedural lapses (delay…

The Assistant Commissioner of Commercial Taxes, GOONDLA VENKATESWARLU, inspected a business premises and later faced a criminal complaint alleging forcible seizure of books and extortion under IPC sections 448, 380, 384 and 506. The complaint was challenged on the ground that Section 37 of the Andhra Pradesh General Sa…

The Supreme Court examined whether a security guard allotted by the Maharashtra Private Security Guards Board to a principal employer becomes the employee of that employer, thereby stripping the Board of its power to recall, re‑allot or transfer the guard. The petitioners, trade unions, argued that the guard becomes a …

M/s. Indtel Technical Services Pvt. Ltd. and W.S. Atkins Rail Ltd. entered into a Memorandum of Understanding on 11 June 2002 to jointly prepare a tender for the Indian Railways Crashworthiness Project. The respondent unilaterally terminated the MoU and withdrew the joint bid, leading the applicant to claim breach and …

The father of a deceased woman appealed against the acquittal of her husband and his mother, who had been charged under IPC sections 302, 498A and Section 4 of the Dowry Prohibition Act for alleged dowry harassment and murder. The deceased was found hanging in a bedroom, and the trial court had convicted the husband ba…

The Industrial Development Bank of India obtained a recovery order against M/s Arihant Threads Ltd. under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDB Act), leading to an auction of the company's assets which was won by KSL & Industries Ltd. The company later invoked Section 22 of the S…

Mis. Toyota Motor Corporation appealed against the Commissioner of Income Tax after the Assessing Officer dropped penalty proceedings under Section 263 of the Income Tax Act. The Tribunal had held that initiating the proceedings was impermissible given the materials the assessee had placed before the officer. The Delhi…

The employee was appointed in 1981 to a post reserved for Scheduled Tribes on the basis of a caste certificate that was later found to be false. The Government‑issued directive of 1990 required public‑sector banks to verify such certificates, leading to the employee’s case being referred to a Scrutiny Committee, which …

The dispute concerned a four‑bigha property in Agra that became evacuee property after the owner migrated to Pakistan and vested in the Custodian of Evacuee Property. The land was auctioned in 1955 under the Displaced Persons (Compensation and Rehabilitation) Act, 1955 and allotted to a displaced person, Tuljaram. Subs…

Mis. Pioma Industries and Mis. Rasna Pvt. Ltd appealed against the State of Kerala challenging the tax classification of "Rasna" under the Kerala General Sales Tax Act, 1963. The assessing officer, the first appellate authority, the Tribunal and the Kerala High Court had held that Rasna, a powdered fruit drink, was a "…

The State of Haryana appealed the acquittal of Shibu alias Shiv Narain and two others who were charged with murder of Vijay under IPC s.302, s.34. The trial court had convicted them, but the Punjab & Haryana High Court acquitted, holding that the alleged eye‑witnesses were not present and that the prosecution’s version…

The appellant, Dr. Shiv Prasad, applied for the post of Associate Professor in the Department of Mathematics of Roorkee University and was recommended for that post. Respondent No.4, Dr. Madhu Jain, applied for the Assistant Professor position and was selected under the university's combined cadre of Associate/Assistan…

The plaintiffs filed a suit for a permanent injunction to restrain the defendant from interfering with their possession of two vacant plots, claiming ownership based on sale deeds from a vendor. The defendant contested the title, asserting purchase from the original owner and denying an alleged oral gift to the plainti…

Sarvsheel Mago alleged that a police officer (respondent No.4) in collusion with private individuals (respondents No.5 and 6) repeatedly searched his vehicle and falsely implicated him for possession of contraband drugs, despite no incriminating material being found. He filed a petition under Section 482 of the Crimina…

The appellant Pravin was convicted under IPC sections 395, 397 and 450 for a daylight bank dacoity, and under the Arms Act for possession of an unlicensed firearm. He challenged the conviction on the ground that the identification parade was a farce, photographs of the accused had been shown to witnesses, and the recov…

Bal Krishna and another filed a suit for specific performance of a reconveyance agreement concerning a house that had been sold in 1952. The plaintiffs claimed they were ready and willing to pay the consideration and sought a deed of reconveyance, while the defendant (deceased) denied the existence of the reconveyance …

The appellant, Bavisetti Kameswara Rao, was part of a group that planned to kill SR after a prior quarrel. On the night of the incident, Rao, armed with a long sharp‑ended screw driver, plunged it into the victim's abdomen, causing a 12 cm deep wound that lacerated the liver and spleen, leading to death. The trial cour…

The appellant, an OBC candidate, was appointed as Junior Clerk in a government‑aided school after the Management obtained approval from the Education Officer. Seventeen months later the approval was withdrawn without hearing, on the ground that the appointment violated a Government Resolution dated 1 March 2000 which i…

Rajendra Singh, aged 35, died in a motor accident. His wife and four minor daughters claimed compensation before the Motor Accidents Claims Tribunal, which used the notional income of Rs 15,000 per annum (as per the Second Schedule of Section 163‑A, Motor Vehicles Act) and a multiplier of 16, awarding Rs 1,69,000 with …

Promotee Telecom Engineers Forum and 44 other employees (petitioners) had their seniority fixed on the basis of the year they passed the departmental qualifying examination, as directed in the Parmanand Lal case. The Supreme Court later clarified that while recruitment year would generally govern seniority, the seniori…

The appellant, a financier under a hire‑purchase agreement, sought the release of a lorry seized under the Tamil Nadu Prohibition Act. The vehicle had been released earlier in favour of the hirer (respondent No.2) on certain conditions, which the hirer failed to fulfil. The appellant argued that the hire‑purchase agree…

Ram Swaroop was convicted for murdering Sumer Singh after eyewitnesses (PW3 and PW4) testified that he stabbed the victim, leading to death. The defence argued that the medical post‑mortem report conflicted with the eyewitness accounts and should overturn the conviction. The Supreme Court held that oral testimony enjoy…

The Orchid Employees' Union sought an interim injunction restraining its members from assembling within 100 metres of the company's premises and from obstructing traffic, which was initially granted by a District Munsif. The Madras High Court set aside that injunction, noting a pending cancellation of the union under t…

The State of Uttar Pradesh challenged the grant of a permanent cinema licence and a government grant-in-aid to Pramod Kumar Shukla, who had applied as the owner of a cinema hall while actually being a power‑of‑attorney for the deceased original owner. The District Magistrate cancelled the grant‑in‑aid and ordered recov…

The appellant State challenged a High Court order that declared Section 47A of the Indian Stamp Act, as amended by Andhra Pradesh Act 8 of 1998, unconstitutional. The amendment requires a party to deposit 50% of the deficit stamp duty before a registering officer can refer the instrument to the Collector for valuation.…

The appellants, led by Vaisakhi Ram, were tenants of a shop in Delhi since 1956. They allowed three relatives (appellants Nos.2‑4) to conduct independent businesses in a portion of the shop without obtaining the landlord's written consent. The present landlord, Sanjeev Kumar Bhatiani, purchased the property and filed a…

The appellants were arrested for allegedly smuggling whisky from Haryana to Delhi; samples seized were sent to the Excise Control Laboratory, which reported the substance as whisky. They were convicted under Section 61 of the Punjab Excise Act, 1914 and sentenced to six months' simple imprisonment. On appeal, the quest…

The child Noor Alam, about 1½ years old, was left in the custody of accused Liyakat, Zahira, Jeewani and Riyasat by his parents. Within three hours the child went missing and his body was later discovered buried in Liyakat's hut. The prosecution relied solely on circumstantial evidence – the child's custody, the rapid …

M/s Goyal Enterprises filed an application under Section 378(4) of the Code of Criminal Procedure, 1973 seeking leave to appeal an acquittal. The Jharkhand High Court dismissed the application summarily without providing any reasons. The Supreme Court held that a judicial order refusing leave to appeal must contain at …

The Supreme Court examined the meaning of "close proximity" in sub‑rule (4) of Rule 5 of the Uttar Pradesh Number and Location of Excise Shop Rules, 1968, after a Lucknow High Court had held that it meant a distance of about 100 metres (300 ft) and ordered the immediate closure of liquor shops within that radius withou…

The respondents, Anil Chanana and another, were intercepted at Delhi airport with two pairs of diamond earrings and $1,900, leading to their arrest for false declaration and evasion of customs duty under the Customs Act, 1962. They applied for compounding of the offences under Sections 132 and 135(1)(a) and for settlem…

The appellants were part of a group that assaulted three persons, pouring acid on their faces and bodies, causing severe burns. They were convicted by the trial court under Section 307 IPC and sentenced to ten years' imprisonment. The High Court altered the conviction to Section 307 read with Section 34 IPC, maintainin…

The appellant APSRTC filed an appeal against a Motor Accidents Claims Tribunal award of compensation for the death of its employee in a road accident. The Tribunal had based the award on a monthly salary of Rs.2,367 and a multiplier of 12, granting Rs.2,46,000 plus Rs.20,000 for non‑pecuniary damages. The High Court, n…

The appellants filed an appeal against a money decree. The Kerala High Court, invoking Order XLI Rule 1(3) of the CPC, directed the appellants to deposit Rs.5,00,000 in the trial court even though no application for a stay of execution had been filed. The appellants contended that such a direction was impermissible. Th…

Shanti Devi, a widow, continued to run a grocery‑stationery shop in rented premises after her husband's death. The trade licence was in her husband's name and the authorities refused to issue a fresh licence to her without a No‑Objection Certificate (NOC) from the landlord, invoking Rule 12(m) of the Sikkim Trade Licen…

The Assistant Director of Mines & Geology appealed against the High Court's order upholding the levy of cess and other taxes under the Cess and Other Taxes on Minerals (Validation) Act, 1992, but holding that amounts not yet collected could not be collected. The Supreme Court earlier, in District Mining Officer v. Tata…

The Chief Enforcement Officer filed a criminal complaint under the Foreign Exchange Regulation Act (FERA) against Videocon International Ltd. on May 24, 2002. The Chief Metropolitan Magistrate took cognizance of the offence on the same day and later issued summons on February 3, 2003. The accused sought quashing of the…

Sunita Jain alleged that her husband Pawan Kumar Jain and his parents harassed her for dowry, physically and mentally torturing her, leading her to lodge an FIR. The trial court framed charges under IPC sections 498A, 506, 406, 34 and Dowry Prohibition Act sections 3 and 4. The High Court, invoking its inherent power u…

Mangat Ram appealed to the High Court against his detention, seeking bail. The High Court dismissed the appeal with the terse order "Dismissed, reasons to follow" without providing any reasoning. The appellant challenged this order before the Supreme Court, arguing that a court must record reasons for its decisions to …

The respondents applied to the District Industries Centre for a parcel of Nazul land (Survey No. 462) to set up an industrial unit. The Collector transferred the land to the Industries Centre on 27 July 1991 and later, after the Madhya Pradesh Housing Board objected, ordered a status‑quo restraining construction. While…

The State of Andhra Pradesh appealed the acquittal of M. Madhusudhan Rao, who was charged under Section 498A IPC for allegedly harassing his wife and forcing her to consume poison to extract an additional dowry of Rs 50,000. The trial court had convicted him, but the High Court set aside the conviction on re‑appraisal …

The State of Maharashtra appealed against the High Court’s order acquitting Ahmed Shaikh Babajan and four co‑accused of murder (Sec. 302 r/w Sec. 34 IPC) and house‑breaking (Sec. 456 r/w Sec. 109 IPC). The facts involved a dispute over possession of a flat, the alleged assault and death of the tenant’s son, and claims …

M/s Hanu Motel Pvt. Ltd. entered into a loan agreement with U.P. Financial Corporation which was later cancelled and a demand notice issued. The company filed a suit in 2001, naming itself and its director Ram Raj Singh as plaintiffs, and obtained an interim injunction. During the appeal, the company removed Ram Raj Si…

M/s. Everest Holding Ltd., a Chinese company, entered into a Joint Venture Agreement (JVA) with Shyam Kumar Shrivastava and his group for mining iron ore in India. The JVA contained an arbitration clause (cl. 14.3) and led to the incorporation of Everest Mining & Mineral Pvt. Ltd., for which the petitioner made equity …

M/s. Kanpur Edibles Pvt. Ltd. challenged the Commissioner of Trade Tax, U.P.'s orders under Section 10‑B of the U.P. Sales Tax Act, 1948, which were issued in 2006 to revise a 2003 order cancelling re‑assessment notices. The Tribunal held that the 10‑B notices were beyond the limitation period, but the High Court rever…

The appellant R. Kalyani lodged an FIR under Sections 409, 420 and 468 read with Section 34 IPC against three respondents, alleging that the third respondent operated her account without consent and forged a letter, while the first two senior officers of the company were claimed to be vicariously liable. The respondent…

Six armed men formed an unlawful assembly with the common object of killing Balan. They inflicted multiple injuries on his arms and legs, and he later died. The trial court convicted accused No.1 (the appellant) and others under Section 302 read with Section 34 IPC, along with other offences. The High Court acquitted a…

The Supreme Court examined whether the widows of three deceased employees, who had been appointed on an ad‑hoc six‑month basis, were entitled to family pension under the Punjab Civil Services Rules and the 1964 Family Pension Scheme. The Court held that eligibility for family pension is conditioned on the employee bein…

The respondents, convicted of offences including murder under the IPC, appealed their convictions and sought suspension of their sentences under Section 389 of the CrPC. The Rajasthan High Court granted suspension and bail without recording any written reasons. The Supreme Court held that Section 389 mandates that the …

The Karnataka State Forest Industries Corporation (KSFIC) was appointed as the State's agent to sell confiscated granite blocks. After a legislative committee uncovered a scam, the State terminated KSFIC's agency and directed it to refund the amounts paid by the purchasers, Indian Rocks and other companies. KSFIC claim…

The deceased, Renuka, died from burns after an alleged incident where her husband doused her with kerosene. A dying declaration was recorded by a magistrate on the night of the incident, in which she accused her husband of the act. The trial court convicted the husband under Sections 302 (murder) and 498A (dowry harass…

The appellants were convicted under several provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to twenty years' rigorous imprisonment. They appealed to the High Court, but the counsel appointed for them by the Legal Aid Committee failed to appear. The High Court, assisted by a panel la…

The appellant, Naren Chandra Naskar, challenged the registration of his sale deed, alleging forgery, after a criminal complaint was filed by the District Registrar. Both his deed and the respondent's deed were recorded with identical registration details, prompting the Calcutta High Court to order an enquiry by the Dis…

A fatal road accident occurred on 5 February 1997 when a vehicle owned by the respondent was driven by Karan Arora, a 15‑year‑old who did not possess a valid driving licence. The deceased's family claimed compensation from United India Insurance Company, which denied liability on the ground that the driver was unlicens…

The petitioners, former candidates for principal and senior lecturer posts, claimed that the Uttar Pradesh Public Service Commission (UPPSC) had willfully ignored Supreme Court orders (dated 10 Jan 2001 and 20 Feb 2002) directing it to apply a uniform eligibility criteria. The UPPSC issued an office order on 7 April 20…

The case involves the kidnapping of a 16‑year‑old girl in 1992. The girl was later found and gave a written report alleging kidnapping, but her trial testimony was later embellished with claims of sexual abuse and an attempt to sell her into prostitution. The trial court acquitted all three accused due to contradiction…

The deceased Shanti Bai set herself on fire in 1988 and, in her dying declaration, exonerated all members of her matrimonial home. The trial court convicted her husband and mother‑in‑law under IPC sections 306 (abetment of suicide) and 498A (cruelty) based largely on the dying declaration and a letter she had written, …

Suraj Singh and his wife were tried for the murder of Jagat Singh. The trial court acquitted both, relying on a perceived discrepancy between eye‑witness testimony and medical evidence. The Allahabad High Court set aside Suraj Singh's acquittal, convicted him under s.302 IPC and sentenced him to life imprisonment, hold…

The Commissioner under the Workmen's Compensation Act, 1928 awarded compensation to the claimant and directed National Insurance Co. Ltd. to pay. The insurer appealed the award under section 30 of the Act. The Allahabad High Court dismissed the appeal summarily, without giving any reasons and without addressing the sub…

Five persons were tried for murder under s.302 read with s.149 IPC. The trial court convicted all and sentenced them to life imprisonment. The High Court dismissed the appeal, upholding the conviction. Three of the accused filed Special Leave Petitions, and this Court altered their conviction to s.304 Part I IPC and re…

Maharani Sharmishthabai Holkar executed a detailed Will on 4 November 1992 that referred to three appendices containing the specific distribution of her assets. The appendices were not signed by the attesting witnesses and were not in existence at the time of execution. Applications for probate were filed by the execut…

The National Textile Corporation (M.P.) Ltd. issued a Voluntary Retirement Scheme (VRS) effective 31 July 2000. M.R. Jadhav applied for the scheme on 16 May 2000 and obtained administrative clearance, but the corporation never communicated a final decision or acceptance, citing lack of funds. Jadhav continued in servic…

The case concerned the Andhra Pradesh Secretariat Service Rules which limited the number of Private Secretaries (PS) who could be promoted to Assistant Secretary and higher posts to ten at any given time, despite a statutory quota of 14:1 between Section Officers (SO) and PS. The PS challenged the validity of the Gover…

M/S Super Poly Fabriks Ltd entered into a "Consignment Stockistship Agreement" with GAIL. The Commissioner of Central Excise issued a show‑cause notice demanding service tax, alleging that the company acted as a clearing and forwarding (C&F) agent under Section 65(25) of the Finance Act, 1994. The assessee contended th…

The respondent, a teacher appointed in 1977 with the requisite qualifications, was terminated in 1995 after a 1994 Government Order raised the qualification standards for teachers. The termination was challenged before the High Court, which quashed the order and awarded back wages, holding that the Government Order cou…

The Rajasthan State Roadways Transport Corporation, a statutory corporation created under the Road Corporation Act, 1951, dismissed driver Mohar Singh for alleged misconduct and the dismissal was upheld by its appellate authority. Singh filed a civil suit in the Additional Munsif Court challenging the termination and t…

The appellant, a public servant, conducted a raid on a medical shop and seized medicines, later filing an FIR against respondent No.2. In retaliation, respondent No.2 lodged a complaint alleging the appellant had committed offences under IPC sections 161, 167, 465, 466, 469 and 471. The District Magistrate issued a san…

The appellant, Williams, claimed title to a parcel of land based on a registered deed of sale from respondent No.2. Respondent No.1 sued for a permanent injunction, asserting ownership through an oral agreement of sale with respondent No.2, but respondent No.2 was not impleaded. The trial court limited the issue to pos…

The appellant, Om Parkash Batish, owned a residential building and had engaged a casual worker, Ram Lal, for a short period to carry out repair work. While on the roof of an adjoining textile mill, Ram Lal suffered an electric shock and died. The respondents filed a claim for compensation under the Workmen Compensation…

The Income Tax Department conducted searches at the premises of K.P. Mohammed Salim and his associates and, to facilitate coordinated investigation, the Chief Commissioner transferred the cases to the Calicut Investigation Circle under Section 127(2) of the Income Tax Act. The Assessing Officer then issued a notice und…

T. Nagappa was charged under Section 138 of the Negotiable Instruments Act for the dishonour of a cheque. He applied to the magistrate, invoking Section 243 of the Code of Criminal Procedure (mistakenly cited as Section 293), seeking to have the cheque examined by the Forensic Science Laboratory to determine the age of…

The wife of a man detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act was served a show‑cause notice under Chapter V‑A of the NDPS Act for alleged illegal acquisition of properties. The Appellate Tribunal ordered confiscation of the flats; the Bombay High Court dismissed t…

The Managing Director of State Bank of Hyderabad initiated departmental proceedings against P. Kata Rao, an employee, on twelve charges, some of which overlapped with criminal charges for which he was later acquitted. The enquiry officer found him guilty of most charges and the appointing authority dismissed him; the d…

Afaq Husain, a conductor appointed on an ad‑hoc, daily‑wager basis by the U.P. State Road Transport Corporation, was given a three‑month contract in 1976 and terminated thereafter with one month’s notice pay. He raised an industrial dispute in 1982; the Labour Court, assuming continuous service from 1972‑1976, held tha…

The Commercial Tax Officer seized the books and documents of Ruchi Soya Industries Ltd. under Section 66 of the West Bengal Sales Tax Act, 1994 on 18 October 2000. As the investigation could not be completed within the statutory one‑year period, the Additional Commissioner extended the retention of the seized records u…

The respondent was detained under Section 3(3) of the National Security Act, 1980 for a period of twelve months. He filed a writ of habeas corpus alleging an unexplained delay in the disposal of his representation made on 12 October 2005. The Guwahati High Court accepted the claim of delay and granted relief. On appeal…

The case concerned the winding up of Jaipur Udyog Ltd. (JUL), a sick cement company, and the dispute over workmen's dues and a settlement entered between the workers' union and the company. JUL appealed a BIFR winding‑up order before the AAIFR, which imposed a condition to deposit Rs.10 crore; the High Court stayed tha…

The State of Maharashtra convicted several respondents, including Madhukar Wamanrao Smarth, for cheating, forgery, abetment, criminal breach of trust and conspiracy, imposing consecutive sentences totalling twelve years. The respondents appealed and sought bail by suspension of sentence under Section 389 of the Code of…

The Karnal Improvement Trust appealed against a High Court order dismissing writ petitions that challenged a 1972 land acquisition award. The petitioners sought solatium (30% of market value) and other benefits under Sections 23(1‑A) and 28 of the Land Acquisition Act, 1894. The Supreme Court examined the effect of Sec…

The petitioners, Tata Chemicals Ltd. and others, challenged the anti‑dumping duty imposed by the Customs Notification dated 27 October 1998 and the subsequent determination made by the Designated Authority under Rule 18 of the Customs Tariff (Identification, Assessment and Collection of Anti‑Dumping Duty on Dumped Arti…

The Corporation of Bangalore filed a suit against Zulekha B.I. and others claiming title over a disputed property. Zulekha asserted that she had purchased the land from M.N. Rudrappa and sought a declaration of ownership and an injunction against interference. The trial court dismissed her suit; the Karnataka High Cour…

The Drugs Inspector seized samples of Ozomen capsules and Ozomen forte, which were found to contain sildenafil citrate, an allopathic drug, in quantities ranging from 33.9 mg to 46.8 mg per capsule. The respondents, who held licences for Ayurvedic and allopathic medicines but not for manufacturing sildenafil citrate, w…

The respondents, who were work‑charge employees on the Anandpur Sahib Hydel Project, were terminated after the project’s completion under Rule 20(1) and Rule 3‑A of the Certified Standing Orders. They filed a civil suit seeking a declaration that the termination was illegal, reinstatement and back‑wages. The trial cour…

The appellant Vinod and others were convicted for kidnapping a nine‑year‑old boy, Amit Kumar, and demanding a ransom of Rs 10 lakh. The boy was released after the ransom was paid, and the police recovered the money and arrested the accused. The trial court and the Punjab and Haryana High Court sentenced the accused to …

The appellant, a tenant under the Karnataka Land Reforms Act, obtained occupancy rights to certain lands, while his brothers claimed a share and filed a suit for partition. The trial court and first appellate court dismissed the suit. The High Court, in a second appeal (RSA No. 105 of 1997), directed production of the …

Prithvi Raj owned a Mini Bus insured by Oriental Insurance. After an accident, he claimed compensation for damage to his own vehicle, but the insurer denied the claim, alleging that the driver did not possess a valid driving licence. The State Consumer Disputes Redressal Commission found that no licence had ever been i…

The dispute concerned 12.5 guntas of land in Survey No. 30, Taranagar Village, claimed by the respondent as the original owner who had purchased it from earlier owners. The appellants, who occupied the land, were alleged to have grabbed it. The Special Court constituted under the Andhra Pradesh Land Grabbing (Prohibiti…

The appellants, dealers in limeshell, held a dealer's licence under the Kerala Minor Mineral Concession Rules, 1967, issued pursuant to Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957. Their licence renewal was conditioned on two restrictions: (i) the minerals stocked must be purchased only …

Suresh Nanda, an NRI, had his passport seized by the CBI during a search on 10 October 2006. The Special Judge ordered its release with conditions, but the High Court reversed that order, refusing release. The Supreme Court examined whether the CBI could retain or impound the passport without an order under the Passpor…

The Supreme Court examined the custodial death of R.K. Jain, a Deputy Commissioner who suffered from asthma and died of asphyxia after being detained in a dust‑filled, windowless room by officers of the Lokayukta. The Sessions Court had framed charges under Section 304 Part II IPC but omitted Section 330 IPC; the High …

The appellants issued a Rs.2 lakh cheque to the respondents on 22 June 2003, which was presented and dishonoured three times within the six‑month period prescribed by Section 138 of the Negotiable Instruments Act. Notices were issued after each presentation, but the first notice was not served and the second was withdr…

The Haryana Urban Development Authority (HUDA) had originally allotted plots to allottees who later transferred their rights to new buyers (re‑allottees) after price revisions and delays in development. The re‑allottees filed complaints before consumer forums alleging delay in possession and seeking interest on the amo…

Shahu Shikshan Prasarak Mandal & Anr. filed a writ petition under Article 226 of the Constitution challenging an order of an industrial tribunal, alleging arbitrariness, unreasonableness and perversity. The Bombay High Court Single Judge dismissed the petition as non‑maintainable, and the Division Bench dismissed the s…

A complaint alleging that police refused to register an earlier FIR was filed before a Judicial Magistrate who ordered an inquiry under Section 202 of the Cr.P.C. The Gujarat High Court set aside that order and directed an inquiry under Section 156(3) Cr.P.C. The appellants challenged the High Court, arguing that once …

Hemaji Wagahaji Jat filed a suit seeking a permanent injunction and declaration of ownership of land in Yavarpura, claiming title by adverse possession. The trial court erroneously held that he had acquired ownership through adverse possession and decreed in his favour. The District Judge and the Gujarat High Court rev…

The assessee, M/s HCL Com Net Systems & Services Ltd, for Assessment Year 1997-98, debited Rs 92,15,187 as bad debts in its profit and loss account. The Assessing Officer (AO) added this amount back to the book profit under clause (c) of the Explanation to section 115JA(2) of the Income‑Tax Act, treating it as a provis…

Subramanian Swamy, as president of the de‑recognised Janata Party, challenged Clause 10A of the Election Symbols (Reservation and Allotment) Order, 1968, which allows a six‑year grace period for a party that loses its recognised status to retain its exclusive symbol. He argued that the provision was arbitrary, violated…

Sony India Ltd. imported various components of colour televisions (CTV) under a duty‑free exemption notification. The Revenue issued a show‑cause notice alleging that Sony had evaded customs duty by misdeclaring completely knocked‑down (CKD) kits as mere components, thereby breaching the Exim Policy 1992‑97 and invokin…

The Bank of India sued Mehta Brothers (defendants 1‑5) and Deutsche Bank (defendant 6) for breach of an irrevocable Letter of Credit. The trial court passed an ex‑parte decree against defendant 6 and dismissed the suit against defendants 1‑5. Defendant 6 filed an application under Order 9 Rule 13 of the Code of Civil P…

Shakti Bhog Foods Ltd (appellant) entered into a charter party with Kola Shipping Ltd (respondent) to load 13,500 MT of sorghum at Kakinada for shipment to Cotonou, but only 1,100 MT was loaded because the export order from Niger could not be obtained. A dispute arose over demurrage and compensation, leading to multipl…

The appellant, a driver appointed on a temporary basis in 1987 and regularized in 1989, was listed among 275 retrenched employees for redeployment under a corporate policy. While all other listed employees were redeployed in Delhi Administration or other undertakings, the corporation terminated the appellant’s services…

Man Bahadur was convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act after a search was conducted without informing him of his statutory right to be searched before a gazetted officer or a magistrate as mandated by Section 50 of the Act. The search memo and other documents failed to show any such c…

Deokar Exports imported a dehydration machine financed by Maharashtra State Finance Corporation (MSFC) and insured it against fire for the period 12‑Sep‑1986 to 12‑Mar‑1988. After the policy expired, MSFC sent a cheque for renewal which the insurer received on 26‑Aug‑1988; the insurer later issued a policy dated 30‑Jun…

The plaintiffs filed a suit for declaration of title, possession and injunction over a narrow strip of land, claiming it formed part of their property purchased in 1962. The trial court held the strip was part of the plaintiffs' land and ordered the defendant to pay a nominal sum for the encroached portion; the first a…

Munigadapa Meenaiah was convicted of murdering his brother's widow, Yellamma, by striking her with a pestle after suspecting her fidelity. The prosecution relied on the testimony of Yellamma's sons (PW1 and PW10) and a toddy shopkeeper (PW2) who saw the accused and the deceased together, the discovery of the body in fr…

The appellant Bantu was convicted of raping a five‑year‑old girl and murdering her by inserting a wooden stick into her vagina, leading to her death. The trial court sentenced him to death under IPC sections 302, 376 and 364, a decision affirmed by the High Court. On appeal, the Supreme Court examined whether the convi…

The appellant, the aunt of the husband, was convicted under Section 498A of the IPC for allegedly participating in dowry demand that led to the death of the wife. The prosecution alleged that the husband, his brother, and the aunt demanded jewellery and cash, and that the husband and brother strangulated the wife while…

The State of Andhra Pradesh sought to enforce surrender of excess agricultural land by a declarant under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The declarant surrendered 11.07 guntas, but a third‑party claimant asserted that the land had been sold to him in 1971 and that he had be…

Vishnu Dev Sharma challenged the seniority list of government employees, alleging that he was placed below juniors. The Allahabad High Court dismissed his writ petition summarily, stating only that the seniority was given from the date of confirmation and that no illegality was seen, without providing any reasons. The …

The Brihanmumbai Municipal Corporation refused to entertain a complaint and confirm the rateable value of Akuti Nirman Pvt Ltd. The respondents appealed the decision under Section 217 of the Mumbai Municipal Corporation Act, 1888. The Bombay High Court allowed the appeal but issued a judgment that was essentially non‑r…

Six persons were charged with offences under Sections 452, 323 read with 34, and 376(2)(g) of the Indian Penal Code for abducting and raping a woman. The prosecutrix identified some of the accused by hearing them address each other by names, but the appellant, Arjun Singh, was not apprehended at the scene and no test i…

The appellant, Sonu Kumar, was one of six accused charged under IPC sections 452, 323 r/w 34, 376(2)(g) and SC/ST Act section 3(x) for the alleged rape of a woman belonging to a Scheduled Caste. The prosecution’s case relied on the victim’s testimony that the accused were addressing each other by names, and on a test i…

The prosecution alleged that Bal Kishan, along with others, forcibly dragged the prosecutrix to a forest and raped her. The trial court convicted the accused based on the testimonies of the prosecutrix, her son and an elderly neighbour, despite finding that the test identification parade conducted by the magistrate did…

In the 2006 MBBS first‑year examination, 992 candidates failed and 436 applied for re‑totalling of marks. After complaints of improper evaluation, the Vice‑Chancellor of N.T.R. University of Health Sciences ordered a re‑verification of answer scripts through a three‑member committee, resulting in 294 candidates being d…

A writ petition challenged the selection of Panchayat Secretaries and alleged irregularities involving the former Rural Development Minister, Nirmal Singh Kahlon. The High Court, after a prima facie finding of fraud, directed an inquiry which led to a Vigilance Department FIR and charge‑sheet. The Court then ordered th…

The appellant, a neighbour of respondent No.2, sought a mandatory injunction against the Nagpur Corporation and respondent No.2 to stop unauthorised construction and to prevent the corporation from granting any building‑plan sanction. The District Judge, invoking Section 286(5) of the City of Nagpur Corporation Act, is…

Mohd. Yunus Khan was appointed as a patrolman in 1968 but his date of birth was mistakenly entered as 27‑02‑1934 instead of the correct 01‑07‑1948. He discovered the error in 1988, filed representations for correction, which were ignored, and was forced to retire in 1992 based on the wrong date. A writ petition stayed …

The appellants, who were Gramin Oak Sewaks (rural postal workers), contested elections to the Nagar Panchayat of Sardulgarh. Their candidature was challenged under Section 11(g) of the Punjab State Election Commission Act, 1994, which disqualifies any person holding an office of profit under the Government. The central…

The appellant, Goverdhan Dass Bansal, challenged a criminal conviction under the Food Adulteration Act, 1948, by filing a revision before the Delhi High Court. The High Court admitted the revision petition and disposed of it on the same day by issuing a cryptic, non‑reasoned order. The appellant appealed to the Supreme…

The appellant Sudheer Singh was tried along with four others for robbery, murder and attempted murder. The trial court convicted him under IPC sections 394 and 302 read with 34, and sentenced him to rigorous imprisonment. The Andhra Pradesh High Court upheld the conviction under section 394 but acquitted him of the mur…

The State of Uttar Pradesh appealed the Allahabad High Court's acquittal of Chandrapal and Jagannath, who had been convicted by the trial court for murder under IPC s.302 and s.302 r/w s.34. The High Court set aside the convictions, holding that the medical evidence on the victim's injuries conflicted with the oral tes…

Ramachamy was convicted by the trial court for murder (Sec. 302 IPC) and dacoity (Sec. 392 IPC) based solely on circumstantial evidence linking him to the deceased Kuttappan in a hotel where both were alone on the night of the incident. The High Court upheld the convictions. On appeal, the Supreme Court examined whethe…

The appellant Premia @ Prem Prakash was convicted of rape under Section 376 IPC and sentenced to seven years by the trial court, a decision upheld by the Rajasthan High Court. On appeal, the Supreme Court examined the evidence, noting that the victim described only "fondling" with no injury to her private parts and tha…

The appellants, a family of five, were charged under Sections 302 and 34 of the IPC for allegedly pouring kerosene on the wife of one of them, setting her on fire and causing her death. The trial court acquitted them, finding the post‑mortem report of Dr PW‑7 showed death by asphyxia due to smothering and that the burn…

Y.S. Sadhu, an ex‑Inspector, was dismissed on the basis of an enquiry report. The Gauhati High Court reinstated him without back wages, holding that the enquiry report had not been produced for cross‑examination. On appeal, the Supreme Court held that when an enquiry report is not furnished to the employee, the court m…

The case concerned the appointment of an Extra Departmental Branch Post Master. Respondent No.1 submitted an unsigned application within the deadline and a signed second application after the deadline. Although he was called for interview, the authority rejected both applications and appointed the appellant. The Centra…

The respondent, Karnail Singh, was a Manager of the Punjab Agricultural Development Bank, a co‑operative bank. The trial court framed charges against him under sections 7 and 13(2) of the Prevention of Corruption Act, 1988, alleging he was a "public servant". He filed a criminal revision petition, and the Punjab and Ha…

The appellant, K.K. Saravana Babu, was detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982 on the basis of two pending criminal cases of land grabbing. He challenged the detention, arguing that the offences did not affect public order and that the detaining authority had no materi…

The case arose from a violent incident on 12 July 1978 in which two brothers, Prem Shanker and Hari Shanker, armed with a knife and a lathi, assaulted and caused the death of Mohan Mishra. The trial court convicted them under Section 302 read with Section 34 IPC, but the Allahabad High Court acquitted them on the groun…

The High Court ordered the winding up of a company on 2 December 1983 and appointed an Official Liquidator. The Liquidator filed misfeasance proceedings on 1 December 1989 under s.543(1) of the Companies Act, 1956, although the five‑year limitation prescribed in s.543(2) had expired on 1 December 1988. The appellant ar…

The appellant, an accused in a criminal case registered in Tamil Nadu, obtained a transfer of the case to the Principal District and Sessions Court in Pondicherry under Section 406 of the CrPC, alleging bias by the Tamil Nadu prosecution. After transfer, the Tamil Nadu government appointed a Special Public Prosecutor a…

Doctor R.R.S. Seth demanded Rs 500 from a relative of a patient for proper medical treatment, directing the payment to be made to his ward boy Nag Narain who would pass it on. A CBI‑led trap recovered the money and the doctor and ward boy were arrested. They were convicted under IPC sections 1208 (conspiracy) and 161 (…

The appellant Sone Lal was convicted of murdering Ram Khilawan after the victim's wife and son testified that he stabbed the deceased three times. The trial court, supported by forensic evidence linking the blood on the knife to the victim, sentenced him to life imprisonment, a decision affirmed by the High Court. The …

Shambhoo Singh was convicted of murder (Sec. 302 IPC) and offences under Secs. 447, 307 and 324 for stabbing his neighbour during a land dispute. The trial court sentenced him to life imprisonment for murder and additional terms for the other offences. The appellant argued that the killing occurred in a sudden quarrel …

Swamy Shraddananda, convicted of murdering his wife Shakereh under sections 302 and 201 IPC, was sentenced to death by the trial court and the Karnataka High Court affirmed the sentence. The Supreme Court, hearing a split decision on sentencing, noted that while the murder was cold‑blooded and motivated by greed, the d…

B.L. Arora, a former short‑service commissioned officer of the Indian Army, joined Syndicate Bank in 1976. Upon voluntary retirement in 2001 he claimed that his army service should be counted as qualifying service for the purpose of computing his pension and gratuity. The Bank rejected the claim relying on Regulation 2…

Bhavani, a former employee of a Kerala cashew factory, claimed pension under the Employees' Pension Scheme, 1995, asserting she retired on 31‑12‑1995 based on her employer's service records showing her date of birth as 31‑12‑1935. The Regional Provident Fund Commissioner relied on its own records, which listed her date…

The respondents, Ajith Kumar and another, were licencees under the Kerala Abkari Act for the period 1‑April‑1993 to 31‑March‑1994, after which their licence was cancelled and the shop was placed under department management. The department collected Rs 31,49,288 as abkari dues, which the respondents claimed should be ad…

The appellants, owners of Lakhani Rubber Udyog Ltd, lodged a complaint alleging trademark infringement by Saraswati Utpadan Pvt Ltd. The complaint was initially made to the Station House Officer (SHO), who directed the complainant to approach the Senior Superintendent of Police (SSP). The SSP ordered an investigation, …

The predecessor of the appellant filed a suit on 21 May 1990 for declaration of title, possession and setting aside a sale deed. During the pendency, two further sale deeds were executed, and an interim order of status quo was granted. Thirteen years later, on 11 June 2003, the appellant sought to amend the plaint to c…

The case involved a claim under Section 163‑A of the Motor Vehicles Act for the death of an 18‑year‑old tutor in a bus accident. The Motor Accident Claims Tribunal awarded compensation of Rs 3,84,000 using a multiplier of 16 and deducted one‑third of the deceased’s estimated monthly income of Rs 3,000 for personal expe…

The heirs of Janak Raj, who died in a motorcycle accident along with a pillion rider, filed a claim under Section 163-A of the Motor Vehicles Act, 1988 for compensation. The Motor Vehicles Accident Claims Tribunal allowed the claim, treating the accident as arising from the use of the vehicle irrespective of who was dr…

The case involved the murder of two villagers in Uddandarayunipalem, for which twelve accused were charged under various IPC provisions. The trial court convicted all except A-3 (who died) and the High Court upheld convictions of A-1, A-2, A-10, A-11 and A-12 while acquitting A-4 to A-9 on the ground of insufficient ev…

The appellant, a Junior Accounts Officer, failed the Part‑II departmental examination and claimed that 65 marks of Paper‑IX were based on questions outside the prescribed syllabus. He filed an original application before the Central Administrative Tribunal (CAT) seeking a direction to award the minimum qualifying marks…

Gurmail Singh, a senior employee of the Punjab State Electricity Board (PSEB), was promoted to Upper Division Clerk (UDC) in 1986 and later opted for UDC as his induction post, thereby losing the revised Lower Division Clerk (LDC) pay scale that his junior colleagues received. He filed a writ petition challenging the B…

The Bihar Veterinary Association filed a writ petition seeking to have veterinarians employed in the Bihar Animal Husbandry Service placed on the same pay scale (Rs 8,000‑13,500) as the Indian Veterinary Service, arguing that the Fitment Committee had erred by recommending a lower scale of Rs 6,500‑10,500. The Patna Hi…

The Rajasthan Zilla Parishad advertised vacancies for Teacher Grade‑III posts in 1996 based on a circular that required only Secondary Examination marks. During the selection process the government issued a new circular raising the qualification to Higher Secondary and later, under Rule 296 of the Rajasthan Panchayati …

The landlord filed an eviction suit against the tenant under the Madhya Pradesh Accommodation Control Act, 1961 on grounds of default in rent, sub‑letting and later bonafide necessity. The tenant was given protection under s.12(3) and the first suit was decreed on bonafide necessity, not on arrears of rent. While the f…

The appellants, Pulin Das @ Panna Koch and Mahendra Saikia @ Dilip Saikia, were arrested after a police raid on 8 December 1993 during which arms were seized and they were alleged to be members of the banned ULFA outfit. They were convicted by a designated TADA court under Section 3(2)(ii) of the Terrorist and Disrupti…

The respondents were acquitted by a trial court of offences under IPC sections 498A and 304B. The State of Rajasthan filed an application under CrPC section 378(1) seeking leave to appeal the acquittal, which the Rajasthan High Court dismissed without recording any reasons. The Supreme Court held that an order refusing…

The accused, Rajendra Prasad Jain, was acquitted by a Special Judge under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988, on the ground that the prosecution failed to prove demand and acceptance of a bribe. The State of Rajasthan filed an application under Section 378(1) of the Code o…

The appellants, who had unsuccessfully appeared for a written promotion test conducted by the Institute of Banking Personnel Selection for posts in Purvanchal Gramin Bank, alleged that the then Chairman (respondent No.10) acted with mala fide intent by favouring his brother and cousin, and that the State Government’s e…

Sumitomo Corporation, Punjab Tractors Pvt. Ltd. and Swaraj Mazda Ltd. entered into a joint venture agreement that later gave rise to disputes over shareholding and management. The respondents filed a company petition before the Company Law Board (CLB) under Sections 397, 398 and 402 of the Companies Act, 1956 alleging …

Harvinder Singh, a decree‑holder, applied during execution for interest on the decree amount, although the decree was silent on interest. The trial court allowed 12% interest, a decision upheld by the High Court. The Supreme Court set aside those orders, holding that an executing court lacks jurisdiction to award inter…

M/s. Anis Ahmad & Sons, a commission agent for raw hides and skins, filed its 1984‑85 return as a commission agent but the Assessing Officer treated it as a trader and levied a higher tax. After a remand, the Assessing Officer summoned ten traders under s.131(1); five appeared and supported the commission‑agent claim, …

The case concerned two applications for a succession certificate under s.372 of the Indian Succession Act, 1925, filed by Vidyadhari (the second wife and nominee) and Sukhrana Bai (the first wife) for the movable assets of the deceased Sheetaldeen, a coal‑field employee. The trial court granted the certificate to Vidya…

The widow of Late Shri Krishan, who had been employed on a work‑charge basis by Uttar Haryana Bijli Vitran Nigam Ltd., applied for a family pension under the Family Pension Scheme contained in Appendix 1 of the Punjab Civil Services Rules. The High Court allowed the claim, relying on a prior decision (Kanta Devi) and o…

The mother of the respondents, as landlord, filed an eviction petition under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, seeking to recover a shop on the ground of bona‑fide requirement for her grandson's business. The trial court dismissed the petition; the Rent C…

In 1999 a Matador Van, insured by National Insurance Company Ltd., met with an accident that caused the death of the wife of the plaintiff. The insurer contended that the driver, who held a licence for a "light motor vehicle" (LMV), was not authorized to drive the van, which was a goods‑carriage (transport) vehicle, an…

The Nehru Yuva Kendra Sangathan terminated the services of Mehboob Alam Laskar, a probationary youth coordinator, alleging financial irregularities and citing a preliminary enquiry conducted without his knowledge. Laskar filed representations and multiple writ petitions seeking reinstatement, arguing that the terminati…

The appellants, heirs of the original defendants, filed a second appeal under Section 100 of the Code of Civil Procedure challenging a decree that granted mesne profit without a specific prayer for an inquiry under Order XX Rule 12. The Bombay High Court dismissed the appeal, holding that no question of law was involve…

The appellant, a contractor, was caught unloading cast iron Grade‑I, defined as railway property, from a truck at a scrap yard. He claimed he was merely a laborer and not the owner, and sought reduction of his one‑year imprisonment, the minimum punishment prescribed under Section 3 of the Railway Property (Unlawful Pos…

M/s Indian Dairy Machinery Co. Ltd., a dealer with a branch in Karnataka, entered into a works contract and received goods from its head office in Gujarat via stock transfer. The company claimed the benefit of composition tax under Section 17(6) of the Karnataka Sales Tax Act, 1957, but the assessing authority denied i…

The appellants Shaikh Rafiq and Fatimbee were convicted for the murder of Noor Miya Mohd. Hussain, allegedly after they, together with the deceased's daughter‑in‑law Jaibunisa, came to his house and, following a dispute, poured kerosene on him and set him alight. The conviction rested solely on a dying declaration reco…

The Second Labour Court, Thane, passed an ex‑parte award on 12 June 1998 reinstating the workman RadhaKrishnan Mani Tripathi, which was published on 5 August 1998. Respondent No.1, who had not been served notice, learned of the award on 27 January 1999 and filed a petition within two days under Rule 26(2) of the Bombay…

The Supreme Court considered Transfer Petition (C) No. 79 of 2008 filed by Shilpa seeking relief in a matrimonial dispute with her husband Abhinav. The matter was referred to the Supreme Court Lok Adalat, where the parties, together with their families, executed a joint settlement covering the quashing of criminal comp…

The case arose from an assault on Omkar Lal, who was attacked with pharsas and lathis by three accused. The trial court convicted all three under Section 307 IPC (attempt to murder) and sentenced them to five years’ rigorous imprisonment and a fine. The High Court acquitted one accused, altered the conviction of the re…

The appellants, members of a political faction, assaulted the deceased with deadly weapons, causing his death, and injured three other persons. They were convicted under Sections 302 read with 34 and 307 read with 34 of the Indian Penal Code. On appeal they argued that the father of the deceased was not examined, that …

The appellant, MD Rafique, was charged with murder (Sec. 302 IPC) and voluntarily causing hurt (Sec. 398 IPC) for shooting the shop owner and assaulting his sons. The trial court convicted him on both counts; the Calcutta High Court upheld the murder conviction but set aside the 398 conviction. On appeal, the appellant…

Baldev Singh Mann challenged the election of Surjit Singh Dhiman, alleging that Dhiman had procured assistance from gazetted officers for his campaign, constituting a corrupt practice under section 123(7) of the Representation of People Act, 1951. The High Court dismissed the petition, finding that Mann failed to prove…

The appellant, a medical officer candidate, obtained an interim order permitting him to appear for a recruitment interview after his registration was restored retrospectively. He later moved the High Court to dismiss his writ petition as not pressed, expecting only a simple dismissal. The High Court dismissed the petit…

The Supreme Court had earlier ordered the builder (colonizer) of the Okhla Enclave residential colony to hand over possession of plots to the allottees. Subsequently, the Deputy Commissioner discovered that the builder did not own the entire land and appointed an Inquiry Officer, whose report was submitted without hear…

The Supreme Court examined the constitutionality of sections 2(3) and 2(5) of the Prevention of Terrorism (Repeal) Act, 2004, which allow a Review Committee to deem cases registered under the repealed POTA as withdrawn when it finds no prima facie case. The petitioners (relatives of Godhra‑train victims) argued that th…

Guru Nanak Dev University admitted Sanjay Kumar Katwal to its three‑year LLB professional programme after he cleared a common entrance test, relying on his M.A. (English) obtained from Annamalai University through the Open University System (distance education). The University later cancelled his admission, contending …

The appellants, licensees of arrack shops, were convicted under Section 57A(iii) of the Kerala Abkari Act, 1967 for selling liquor adulterated with methanol. Samples taken from their godowns revealed the presence of the noxious substance, and the prosecution argued that the licencees had either mixed or permitted the m…

The case involved the murder of Chandra Pal Singh, for which respondent No.2 was alleged to have conspired with S.B. Singh to hire shooters. The trial court denied bail, but the Allahabad High Court granted bail, reasoning that the prosecution case was weak and that key statements were recorded only after 2.5 months. T…

The Commissioner of Income Tax, Ahmedabad appealed against the Gujarat High Court’s judgment in favour of Sarabhai Holdings Pvt. Ltd. concerning interest on a deferred sale consideration. The assessee had sold a business unit and agreed to pay interest at 11% on the unpaid balance, later modifying the payment terms by …

The State prosecuted Rakiappan and others for the homicidal death of two persons, relying on the testimony of PW2, a 12‑year‑old child who was injured during the incident. PW2 regained consciousness and gave a statement to the investigating officer on 13 December 1995, which the trial court accepted, convicting the acc…

The State of Punjab appealed the acquittal of Gurdip Kaur and co‑accused by the Punjab and Haryana High Court. The trial court had convicted them under IPC s.302 read with s.34 for murder. The High Court set aside the convictions, citing a substantial delay in lodging the FIR, an unexplained delay in forwarding the rep…

The State of Goa charged Subhash Ghogle with murder under Section 302 IPC for allegedly strangling Bendita Parriera on 4 January 1999. The trial court convicted him based on a series of circumstantial facts, including alleged motive, presence at the scene, noises of a quarrel, and forensic evidence, and sentenced him t…

The trial court convicted the accused under Section 302 read with Section 34 of the IPC for murder. The Punjab and Haryana High Court set aside the conviction, acquitting the accused on the basis of a substantial delay in lodging the FIR, a further delay in forwarding the report to the Elaka Magistrate, and a discrepan…

The appellant, a shopkeeper, alleged that police officers assaulted him on 18 February 1997 for keeping his shop open past the prescribed closing time. He claimed the officers questioned him, were dissatisfied with his explanation, and then forcibly placed him in a jeep and beat him. The trial court, after evaluating t…

The deceased was allegedly struck on the head with a crowbar by his brother during a domestic altercation, leading to his death. The trial court convicted the brother under Section 304 Part‑II of the IPC. On appeal, the Calcutta High Court acquitted him, holding that the eyewitness testimonies were unreliable, there wa…

The Agricultural Produce Market Committee (AMC) of Narela claimed exemption from income tax under section 10(20) of the Income Tax Act, 1961, asserting it was a "local authority". The Finance Act, 2002 added an exhaustive Explanation to section 10(20) defining "local authority" as a Panchayat, Municipality, Municipal C…

J. Mitra & Co. Pvt. Ltd. applied for a patent which was opposed by Span Diagnostics Ltd. (respondent No.3). The opposition was initially a pre‑grant opposition under Section 25(1) of the Patents Act, 1970. The Controller rejected the pre‑grant opposition on 23‑Aug‑2006 and the respondent filed appeals (FAO Nos. 292/06 …

Monotosh Saha was penalised Rs 25 lakhs for alleged contravention of Section 8(1) of the Foreign Exchange Regulation Act, 1973. The Special Director ordered the penalty and the Appellate Tribunal required a 60% pre‑deposit to entertain the appeal. Saha contended that the pre‑deposit caused undue hardship and sought dis…

Three police constables were accused of robbery under Sections 392 and 411 of the Indian Penal Code. While the criminal trial was pending, the authorities initiated departmental proceedings under the Bihar Police Manual. The constables were later acquitted in the criminal case, but the departmental inquiry led to their…

The appellants, who were first cousins of the complainant, removed tubewell pipes from a piece of common land while armed with spades. When the complainant party intervened and objected, a verbal altercation escalated into a physical fight, during which the deceased Sikander Singh was killed and two others were injured…

The appellant purchased 9.39 acres of land attached by the Revenue Department under the Kerala Revenue Recovery Act, 1968, at a public auction in 1998 and obtained a sale certificate. She applied for possession under section 58 of the Act, but the Collector failed to act, citing a pending verification as to whether the…