Judgments of 2008

The petitioners alleged that the respondents, who were parties to a family property dispute, sold and transferred portions of the disputed land and allowed construction despite two interim orders of this Court dated 26‑April‑2004 and 10‑January‑2005 that prohibited any creation of third‑party interest without notice to…

The respondent, a Sub‑Registrar, was convicted by a Special Judge under the Prevention of Corruption Act, 1988 and Section 120‑B IPC and sentenced to rigorous imprisonment. While his appeal was pending, he filed an application under Section 389(1) read with Section 482 of the CrPC seeking suspension of the conviction, …

The father (respondent No.2) lodged an FIR under Section 366 IPC alleging that Nitin Agnihotri (respondent No.1) abducted his daughter. The High Court quashed the FIR and, despite finding no police lapse, imposed a cost of Rs.50,000 on the State and the complainant. The State appealed, contending that cost should not b…

The case involved the murder of Mayurani, a Sri Lankan student, and the conviction of Balaprasanna under Section 302 IPC based primarily on circumstantial evidence and confessional statements that led to the recovery of various items. The prosecution relied on statements made by the accused while in custody, invoking S…

The Supreme Court was asked to consider whether the Revenue Department could be barred from filing an appeal in a tax matter merely because it had not appealed in other similar cases. The Court examined a series of conflicting High Court decisions and earlier Supreme Court judgments on the principles of res judicata, p…

G. Venkata Ratnam, a Technical Assistant in the Andhra Pradesh Department of Archaeology and Museums, was transferred from Hyderabad to Kakinada in 2005 after serving 20 years at the head office. He challenged the transfer before the Andhra Pradesh Administrative Tribunal, which dismissed his applications, and subseque…

Surjit Singh had three telephone lines – two in his name (residential and business) and one in his wife’s name. The wife, a housewife, was financially dependent on him and the line in her name had unpaid dues. Mahanagar Telephone Nigam Ltd. disconnected the two lines in Singh’s name under Rule 443 of the Indian Telegra…

The case concerned promotion to the post of Executive Engineer (EE) in the Indian Defence Service of Engineers, which can be filled from two feeder cadres: Assistant Executive Engineers (AEEs) and Assistant Engineers (AEs). A circular dated 29 July 1997 directed that all 58 EE vacancies for 1997‑98 be filled by promoti…

The respondents filed a suit for specific performance of an agreement of sale, which the trial court decreed in their favour. The first appellate court dismissed the decree on the ground of limitation, holding that the pendency of a separate suit filed by the defendant's wife and children did not suspend the limitation…

The plaintiff sought specific performance of an agreement of sale of a house that had been allotted to the defendant under a subsidised industrial housing scheme. The defendant was merely a lessee and had no title to sell the property, which vested in the Government. The trial court decreed specific performance; the fi…

The appellant, Poonam Kumari, was selected as a dealer for an Indian Oil Corporation (IOC) petrol pump and began operations after receiving a Letter of Intent. A writ petition filed by another applicant challenged the Dealer Selection Board's (DSB) selection, and the High Court quashed the DSB's decision without giving…

The appellants challenged the constitutional validity of Sections 54A, 69(4)‑(9) and 98 inserted by amendment to the Rajasthan Excise Act, 1950, alleging that they usurped the jurisdiction of criminal courts, removed the remedy of judicial review and violated Articles 14, 19, 20, 21, 301 and 254 of the Constitution. Th…

The Central Bureau of Investigation (CBI) investigated K.M. Sharan, former Vice‑Chairman of the Delhi Development Authority, and his son for alleged illegal gratification from DLF and for possessing cash of Rs.36 lakh recovered from the son’s residence. The CBI filed a charge‑sheet under IPC sections 120B (criminal con…

The appellant, Managing Director of M/s Hewlett Packard Global Soft Ltd., was the subject of a complaint under section 200 CrPC for alleged violation of the Karnataka Shops & Commercial Establishments Act, 1961. He sought quashal of the complaint and the FIR under section 482 of the Code of Criminal Procedure, but the …

The Supreme Court entertained an interlocutory application concerning the constitution of a Central Empowered Committee (CEC) under Section 3(3) of the Environment Protection Act, 1986. After considering submissions of the Solicitor General and an Amicus Curiae, the Court specified the composition of the CEC, naming a …

M/s WEP Peripherals Ltd imported shuttles used in printers and paid a royalty/licence fee to the foreign supplier. The Customs adjudicating authority added the royalty fee to the customs value of the shuttles by using the peak price, ignoring that the importer had received a bulk order and had offered a price discount.…

The appellant, Commissioner of Customs, appealed against the Tribunal’s order that the royalty and licence fees payable under a technical assistance and trademark agreement (TAA) between M/s Ferodo India Pvt. Ltd. (the respondent) and its foreign licensor should be added to the customs value of imported raw materials. …

The appellants, Class IV employees of Bihar Rajya Shakari Bhumi Vikas Bank, were compulsorily retired under the Bank's Rules 232 and 235. They challenged the retirement, arguing that only Rule 232, which requires inefficiency, could be used for compulsory retirement, and that Rule 235 merely dealt with gratuity and pro…

The appellants were acquitted by a trial court of kidnapping a minor girl. The Jharkhand High Court set aside that acquittal and remitted the case to the trial court for a fresh hearing, but did so without recording any reasons or analysing the evidence. The appellants challenged this order before the Supreme Court, ar…

The respondent, a permanent typist, was removed from service on the ground of unauthorized absence. The Industrial Tribunal held that he was suffering from tuberculosis, had applied for sick leave and that the employer had not acted on his applications, thus ordering reinstatement with back wages. The Allahabad High Co…

The appellants, directors and shareholders of Westfort Hi‑Tech Hospital Ltd., claimed that they were denied proper notice of the eleventh Annual General Meeting (AGM), were illegally removed from directorships despite a promise of permanent appointment, and that the issuance of right shares and duplicate shares was unl…

The Kerala High Court Division Bench referred a question of law to its Full Bench concerning the applicability of Section 11(17) of the Kerala Buildings (Lease and Rent Control) Act to legal heirs of a deceased tenant. The Full Bench answered the question but then proceeded to decide the civil revision petition on its …

The appellants, technical field staff of the Punjab State Electricity Board (PSEB), filed a writ petition seeking parity in remuneration for work performed on Saturdays and Sundays, relying on the Supreme Court’s decision in Municipal Employees Union v. State of Punjab. The Punjab & Haryana High Court had allowed the c…

The Municipal Corporation of Delhi (MCD) appointed 37 medical officers on short‑term contracts while awaiting UPSC recruitment for regular posts. UPSC’s advertisement for the posts allowed age relaxation for "employees of Municipal Corporation of Delhi" but the Commission argued that this term referred only to permanen…

The appellant Vikas and others were convicted for murder and conspiracy under Sections 302, 342 and 34 of the IPC based primarily on two dying declarations of the victim, Rekha, recorded by a Special Judicial Magistrate and a Police Sub‑Inspector. The victim's father and a Panch witness, who turned hostile, were disreg…

The father and mother of Banu Pratap Singh, who died at age 22 in a motor accident, appealed against the compensation awarded under the Motor Vehicles Act, 1988. The trial court and the High Court had applied a multiplier of eight, based on the father's age of 55, to calculate loss of dependency. The appellants argued …

During the Deshara festival, a group of Hindu villagers performing pooja at a temple were attacked by a large crowd from a nearby mosque who pelted stones and urged them to leave for prayer. The accused, numbering 32, along with others, assaulted the villagers with sticks, stones and knives, causing serious injuries an…

The appellant, United India Insurance Co., rejected a claim for damages to a vehicle on the ground that the insurance policy was issued in the name of Roopa Sharma and that the vehicle had not been transferred to the claimant, Ram Prakash Raturi, at the time of insurance. The District Consumer Forum and the State Consu…

The appellant filed a suit for a permanent injunction to prevent the respondent from interfering with the appellant's peaceful possession of the suit land. The trial court dismissed the suit, the first appellate court allowed it, and the Karnataka High Court dismissed the second appeal, directing the appellant to refun…

The appellants, including Karnataka Bank Ltd., Shaw Wallace & Co., and a partnership firm, challenged notices requiring each of their branches in Andhra Pradesh to pay profession tax of Rs.2500 per annum, arguing that the explanation to the definition of "person" in the Andhra Pradesh Tax on Professions, Trades, Callin…

Baliram, a Minimum Wages Inspector, demanded Rs 100 from Shivaji Padwal for dropping an action for not maintaining a service register. Padwal complained, and a trap was arranged using currency notes treated with anthracene powder and two independent witnesses. The treated notes were offered, accepted by Baliram, and re…

The State of Karnataka challenged the appointment of K. Govindappa as Lecturer in History in an aided private college, arguing that the post formed part of a larger cadre of lecturers and should be subject to the reservation roster. The college had six lecturer posts across different disciplines, but the History post w…

In a civil suit the defendants failed to file their written statement within the 90‑day period prescribed by Order 8 Rule 1 of the Code of Civil Procedure. The trial court refused to accept the belated statement, holding that the provision barred any extension. The defendants appealed; the High Court acknowledged the t…

The husband allegedly poured kerosene on his wife Kamalam, causing severe burns; she was taken to hospital where she gave a dying declaration implicating him. The trial court convicted the husband under Section 302 IPC based on the dying declaration, medical officer's report, and oral testimonies of relatives. The Madr…

The appellants Asraf SK and another were convicted by the trial court and the Calcutta High Court for murder of the father of two witnesses under IPC s.302 read with s.34, based primarily on the testimony of the victims' daughters (PW‑1 and PW‑2) and other circumstantial evidence. The Supreme Court examined whether the…

The deceased John Peter was attacked on a footpath by a group of seven accused. The trial court convicted all of them for offences including murder under s.302 read with s.149 IPC. The High Court acquitted accused Nos.2‑6 and modified the conviction of accused Nos.1 and 7 to s.302 read with s.34 IPC, also acquitting th…

Noharlal Verma, a manager of District Co‑operative Central Bank Ltd., Jagdalpur, was removed from service on 29 April 1982 for alleged financial irregularities. He filed a departmental appeal and subsequently an application under Section 55 of the Madhya Pradesh Co‑operative Societies Act, 1960 on 30 June 1982, more th…

Three Cheers Entertainment Pvt. Ltd. and others produced a television programme alleging illegal acts by Calcutta Electricity Supply Company Ltd. (CESC), leading CESC to file a defamation suit and obtain an interim injunction restraining further telecasts. The High Court, while confirming the injunction, also appointed…

Dipitimae Parida applied for the post of Anganwadi worker under the Integrated Child Development Scheme. At the deadline for applications she was unmarried, but she married later and was nevertheless awarded three marks for being a married woman during the viva‑voce. Respondent No.5 challenged the award of those marks,…

The case concerned the death of Bhagirathi Das, a mine employee of Steel Authority of India Ltd., who collapsed while on duty. His son sought a compassionate appointment under Para 8.9.4 of the 1989 Memorandum of Settlement, which provides such appointment only if death is due to an accident arising out of and in the c…

The Prohibition and Excise officers filed FIRs alleging that the accused were transporting or storing black jaggery/molasses for the purpose of manufacturing illicit distilled liquor, offences punishable under the Andhra Pradesh Excise Act, 1968 and the Andhra Pradesh Prohibition Act, 1995. The accused moved the High C…

The appellant, S. Ramakrishna, was convicted of raping a 14‑year‑old girl and threatening her life under Sections 376 and 342 of the Indian Penal Code. The trial court and the Andhra Pradesh High Court upheld the conviction, relying on the victim’s testimony and medical evidence showing semen and protozoa. The appellan…

The appellants, construction firms, challenged a revisional order issued by the Andhra Pradesh Government that imposed a seigniorage fee on earth material used in a contract, alleging that the order was passed without notice and on the basis of inspection reports and material not supplied to them. The Supreme Court exa…

The deceased, Darshan Kaur, a dumb (and allegedly deaf) woman, was set on fire on 6 April 2001 and gave two dying declarations identifying the accused. The Sessions Judge refused to discharge the accused under Section 227 of the CrPC, but the High Court, on revision, allowed the discharge, preferring one dying declarat…

The appellant, a former managing director of a company that had defaulted on a loan from Andhra Bank, was charged by the CBI with cheating, forgery and corruption offences. The bank’s civil suit for recovery was later compromised, with clause 11 stating that both parties withdrew all claims against each other. The appe…

The landlords sought eviction of Oriental Insurance Company Ltd. (OIC) from premises in Thane, arguing that OIC, a Government company under Section 617 of the Companies Act, 1956, was exempt from protection under Section 3(1)(b) of the Maharashtra Rent Control Act, 1999. The High Court held that Government companies we…

Hardip Singh was found in possession of 7 kg of opium during a police search and was convicted under Section 18 of the NDPS Act, receiving ten years' rigorous imprisonment. He appealed, alleging that the investigating officer, Inspector Jarnail Singh, bore a personal grudge stemming from a prior vehicle accident and th…

The case concerns the murder of Ajay Sharma, the nephew of Rangnath Sharma, by three accused who allegedly took the victim to a terrace, restrained him, and shot him with a pistol. The trial court convicted all three under Sections 302 read with 34 of the IPC and Section 27 of the Arms Act, but the Patna High Court acq…

The case arose from a political mob attack on 29 January 2000 in which a group of accused assaulted two houses, resulting in the deaths of D‑1 and D‑2. The trial court convicted several accused under s.302 IPC and s.302 r.w. s.149 IPC; the High Court upheld the s.302 convictions but acquitted on s.149, holding that no …

Twenty-five persons were charged with offences including murder under Section 302 read with Section 149 of the IPC, arising from an assault on the deceased Kenchappa and his sons. The trial court convicted six accused of all charges except the murder provision, relying on eye‑witness testimony, while acquitting the res…

The appellant Gorige Pentaiah was charged in a criminal complaint filed by Bakaram Eswar alleging offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and IPC sections 427, 447 and 506, relating to demolition of a wall, caste insult and intimidation in a land dispute. The appell…

The appellant Roop Singh was convicted along with two others for the murder of Jarnail Singh under Sections 302, 34 and 449 of the IPC, based primarily on circumstantial evidence such as a left‑foot print, a fingerprint on a liquor bottle, an alleged extra‑judicial confession and an eyewitness claim. The Punjab and Har…

Hari Prasad Chhapolia was convicted under the Customs Act, 1962 and the Gold (Control) Act, 1968; the High Court set aside the Customs conviction but upheld the Gold conviction. He appealed to the Supreme Court under special leave, but died while the appeal was pending. His legal heirs filed an application for substitu…

The appellant, Shaik Nagoor, was charged under IPC sections 354, 448 and 306 for allegedly assaulting the deceased, who later set herself on fire. The prosecution relied on two dying declarations recorded by a judicial officer and a constable. The trial court convicted on all three charges; the High Court upheld convic…

The respondent filed a suit for specific performance which was decided by a Seventh Assistant City Civil Judge on 24 March 1999. The judge recorded only an endorsement in the docket and did not fully dictate the judgment before signing, with the operative portion being dictated the next day. The respondent raised a rev…

The appellants filed two suits for specific performance of agreements to sell property, expressly stating in the plaints that they were always ready and willing to fulfil their part of the contracts. The defendants contested the validity of the agreements and claimed the suits were barred by limitation, but they never …

The respondent, an Inspector in the Himachal Pradesh Transport Corporation, was charge‑sheeted and served notice of a departmental inquiry by post and by publication in a newspaper. He chose not to appear, and the inquiry proceeded ex parte, resulting in a finding of guilt and termination of his service. He challenged …

A dispute over a banner led a group of armed accused, including Aqeel Ahmad, to enter the informant's house and fire at his sons, killing both. The accused were convicted of murder under IPC s.302, with some also convicted under s.149 (murder in unlawful assembly) and s.148, receiving death and life sentences respectiv…

The Supreme Court examined an appeal against a High Court order that granted bail to Munna Jaiswal, who was charged with murder (IPC s.302) and other offences (IPC s.504, s.506). The complainant, Brij Nandan Jaiswal, argued that the accused had a criminal history, pending cases, and that the High Court had granted bail…

The Supreme Court examined a contempt petition filed by M/s B.S.N. Joshi & Sons Ltd. after MAHAGENCO refused to award it a coal‑transport contract despite a prior Supreme Court order (31‑Oct‑2006) directing a fresh assessment of its eligibility. The petitioners alleged that the respondents misinterpreted the order by c…

The case involved eleven accused who, armed with firearms, went to a field in search of a man named Patali, but instead killed Mauji Yadav. The prosecution proved the murder through the testimony of six eye‑witnesses, two injured witnesses and a post‑mortem report showing a gunshot wound. The three appellants – Ramdeo …

The Supreme Court examined a scheme framed by CSIR for the absorption/regularisation of researchers who had completed at least 15 years of research work, with a cut‑off date of 2 May 1997. The petitioners (researchers) argued that the cut‑off date and the 15‑year requirement were arbitrary, discriminatory and that they…

The case arose from a contract for the export of garments from India to Germany. The German buyer rejected the goods as defective, and the supplier (Respondent No.2) alleged that employees of the certifying agent company (the appellants) failed to pay the value of the exported garments. A complaint was lodged under IPC…

The deceased Jeeja, married to appellant Premkumar, died by suicide in Tamil Nadu on 14 Feb 2003. Her father‑in‑law reported the death to the Courtallam police (Tamil Nadu) who registered a case under s.174 CrPC and concluded it was a suicide due to mental illness, halting further investigation. The deceased’s father l…

Harendra Nath Chakraborty, a licensed kerosene dealer, was convicted under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for failing to display stock and price lists and for not maintaining the stock register as required by the West Bengal Kerosene Control Order, 1968 and the West Bengal Declaration of Sto…

The appellants (joint purchasers) entered into an agreement of sale with the respondents (vendors) for land development, which required the purchasers to obtain a layout plan. After disputes, one co‑purchaser entered into a compromise with the vendors, effectively rescinding his part of the contract. The remaining purc…

The appellant, a peon of Punjab National Bank, was accused of stealing a blank draft issue book. After a five‑year delay, a departmental enquiry found him guilty, relying mainly on a purported confession recorded by police, which the appellant claimed was obtained under duress. The disciplinary authority dismissed him …

The appellant, Asraf Alli, was 15 years old when he suffered a left lower‑limb amputation in a road accident. The Motor Accident Claims Tribunal accepted his actual monthly income as Rs 3,000, applied a 70% loss of earning capacity and a multiplier of 18, awarding Rs 4,53,600 as compensation. The Karnataka High Court r…

The Supreme Court heard an appeal against a Gujarat High Court order that granted probate of a Will dated 18 June 1995 executed by the deceased Jayantilal Kataria. The appellant contended that the Will was not validly attested because Section 63(c) of the Indian Succession Act, 1925 requires two or more witnesses, and …

The appellant, a developer, sought a No‑Objection Certificate (NOC) for a composite slum‑rehabilitation scheme covering two plots, one of which (Plot 559) was reserved for recreational use. The Slum Rehabilitation Authority rejected her application, stating it was deficient and that Annexure‑II for part of Plot 569 had…

The appellant, M/s Badri Kedar Paper Pvt Ltd, challenged the withdrawal of a circular issued by U.P. Power Corporation Ltd that affected the surcharge for a guaranteed 500‑hour power supply. The issue was whether the Uttar Pradesh Electricity Regulatory Commission (UPERC) alone has exclusive jurisdiction to determine a…

The State of Punjab filed Special Leave Petitions (C) Nos. 29728‑29731 of 2008 challenging a High Court order concerning a 1963 auction of surplus evacuee lands. The Supreme Court found that the petitions contained factual inconsistencies between the case narrative and the synopsis/list of dates filed, the latter havin…

The case arose from a land dispute in which the deceased, Murugan, was stabbed multiple times by accused Rathinam and Moorthy in a government hospital, sustaining twenty incised injuries that caused his death. Moorthy, the appellant, gave a statement under Section 313 of the CrPC claiming self‑defence, but the trial co…

In 1980-81 Laxmi Rattan Cotton Mills Ltd. engaged six workers as trainee investigators on a stipend, expressly stating no obligation to appoint them thereafter. After training, the mill offered them clerk positions, which they accepted without protest and later made permanent. When the mill became sick and closed in 19…

The plaintiff, a lease‑holder of land and superstructure since 1951, entered into a sale agreement with a charitable trust on 26 February 1980, subject to permission from the Charity Commissioner under Section 36 of the Bombay Public Trust Act. The Commissioner initially ordered the property to be sold by public auctio…

G.P. Ceramics Pvt. Ltd. set up a new industrial unit on land allotted by the Uttar Pradesh State Industrial Development Corporation and began production with its first sale on 24‑Oct‑1992. It applied for trade‑tax exemption under Section 4‑A of the U.P. Trade Tax Act within six months, but the authorities required a co…

Corporation Bank collected sales tax at 1% on gold bullion sold to a dealer between April and December 1999. A later notification (SRO No. 1075/99) reduced the tax rate to 0.5% with retrospective effect from 1 April 1999. The dealer claimed a refund of the excess tax, but the Assistant Commissioner rejected it based on…

Haleema Zubair, proprietor of two businesses – Tropical Traders (a dealer in ceramic tiles) and Poseidon Food Company (which rendered inspection and certification services to exporters) – was assessed under the Kerala General Sales Tax Act, 1963. The Assessing Authority added a commission of Rs 45,80,168 received by Po…

Parag Construction and other appellants bought land in Borivali (Final Plots 22A, 228 and 22C) at a court auction in 1981 and later challenged the acquisition of that land by the arbitrator under the Maharashtra Regional Town Planning Act, 1966, arguing that they were not given notice and therefore the acquisition was …

The appellant Vithal Pundalik Zendge and eight others were convicted of murder under IPC s.302 read with s.149 for the killing of the appellant's brother. The conviction was based primarily on the testimony of a single eyewitness, PW‑1, who was the sister of the deceased. The appellant challenged the conviction, arguin…

Hindustan Copper Ltd., a government company engaged in open‑cast mining of copper ore and its subsequent processing into copper concentrate, challenged the levy of electricity duty under the Madhya Pradesh Electricity Duty Act, 1949. The Act’s Section 3 (Explanation (b)) defines a “mine” to include premises or machiner…

Pramod Kumar Saxena, an under‑trial prisoner detained since August 1998 for alleged fraud and other offences in 48 cases across six states, filed a writ petition under Article 32 seeking release on bail, arguing that his prolonged detention violated his fundamental rights. The State argued that the offences were non‑ba…

The appellant, Dhirendra Pandua, was elected as a municipal councillor and chairperson in Orissa, but a fellow councillor filed an election petition under section 38 of the Orissa Municipality Act, 1950 alleging that Pandua was a leprosy patient and therefore disqualified under sections 16(1)(iv) and 17(1)(b). The peti…

The appellant Daulatram was convicted of murder under Section 302 IPC and the SC/ST (Atrocities) Act, while a co-accused was acquitted. The prosecution relied on the testimony of two relatives of the deceased (PW‑3 and PW‑5) as eye‑witnesses. The appellant challenged the conviction on the ground that the relatives were…

The Union of India appealed a Karnataka High Court order that directed the appointment of B. Kamalanabhan to the Indian Police Service (IPS) against a vacancy that arose in 1998, effective from 18‑01‑2000. The High Court had relied on the Supreme Court’s decisions in Syed Khalid and Vipinchandra cases, without consider…

The trial court acquitted Sujay Mangesh Poyarekar of offences under Sections 307 and 504 IPC, holding that the prosecution failed to prove the case beyond reasonable doubt. The State of Maharashtra filed an application under Section 378(3) of the Code of Criminal Procedure for leave to appeal the acquittal, which the H…

The respondents, owners of land adjoining a six‑acre ancestral property, claimed a right of pre‑emption under Mohammedan law on the ground of vicinage when the owner (appellant No.3) entered into a registered agreement for sale with appointees Nos.1 and 2. The lower courts held the pre‑emption rule unconstitutional, wh…

Umesh Kumar, a Delhi police constable, was granted a licence for a .315 bore rifle which was cancelled under Section 17(3) of the Arms Act on the ground that he was involved in a criminal case (FIR No. 254/1991) for offences under IPC sections 302, 307, 34 and Arms Act sections 25, 27, 54. He was suspended during trial…

Munjal Sales Corporation appealed against disallowances of interest deductions claimed under Section 36(1)(iii) of the Income Tax Act, 1961. The Assessing Officer held that interest-free advances given to sister concerns were funded by interest‑bearing loans and thus barred by Section 40(b)(iv). The Tribunal initially …

The case concerned the inter‑se seniority of Assistant Civilian Staff Officers (ACSOs) recruited directly (DR) versus those promoted from within the department (DP) under the Armed Forces Headquarters Civil Service Rules, 1968. The Central Administrative Tribunal (CAT) in M.G. Bansal's case had held that seniority shou…

The Supreme Court examined two questions arising from a suit for redemption of a mortgage. First, it held that the second appeal did not abate despite the death of respondent Mohd. Hussain because some of his heirs were already on record, and the only procedural step required was to note his death and adjust the partie…

The Kerala Public Service Commission published a list of 40 direct recruits for the Excise Inspector cadre, which was challenged on the ground that the ratio of direct recruitment to promotion should be limited to 25% of the total cadre strength as per Note (3) to Rule 5 of the 1958 Service Rules. The petitioners argue…

The case concerned a dispute over land bequeathed by N. Saya Goud in a will dated 2 January 1956. The plaintiffs claimed title based on that earliest will, while the defendants argued that the original will had not been produced before the trial court and the High Court, which relied on secondary evidence. Both lower c…

The plaintiff filed a suit for specific performance of a sale agreement dated 5 January 1980, which the defendant denied executing. The agreement was written on two stamp papers purchased in 1973 and 1978, and the plaintiff failed to produce expert fingerprint analysis to prove the thumb impression on the document. The…

The appellants were convicted of murder and concealment of evidence under IPC sections 302, 201 and 34 for the killing of Saban Misal. The conviction rested primarily on the testimony of PW‑13, the deceased's daughter, who was about 12 years old at the time and described how her mother and others killed and buried her …

Arun Kumar was tried before a Sessions Judge who held that he was not a juvenile. He applied for trial before the Juvenile Justice Board, and the High Court allowed the application, directing that he be treated as a juvenile. On appeal, the Supreme Court observed that at the time of framing charges the accused was reco…

National Aluminium Co. Ltd., a government company with its corporate office in Odisha and a mercantile office in Visakhapatnam, exported aluminium via Visakhapatnam port and earned Duty Entitlement Pass Book (DEPB) credits. It auctioned these credits to bidders from other states, treating the transfers as inter‑state s…

The case concerned a dispute over land bequeathed by N. Saya Goud in a will dated 2 January 1956. The plaintiffs claimed title based on that earliest will, while the defendants argued that the original will had not been produced before the trial court and the High Court, which relied on secondary evidence. Both lower c…

The appellant, H.P. State Forest Co. Ltd., insured timber with United India Insurance Co. Ltd. under a policy dated 16 November 1987 that was later found to be a typographical error and effectively covered only eight months. The timber was washed away in September 1988, and the insurer repudiated the claim on 13 Octobe…

The appellant, Samadhan Dhudaka Koli, was convicted under s.302 IPC for the death of his wife Janabai, who died from severe burn injuries. Three dying declarations were recorded: the first before a police constable describing an accidental fire, the second before a Judicial Magistrate (not produced by the prosecution),…

The appellants, Chetu, Lalu and their father Chintu, were convicted by the trial court and the Madhya Pradesh High Court for murder, wrongful confinement and arson under IPC sections 302, 342 and 436, based on an FIR lodged by the victim's son. On appeal before the Supreme Court, the Court examined the credibility of t…

The deceased Veeraganesh was stabbed by four accused and later died. Two eye‑witnesses (PW‑1 and PW‑2) testified to the assault but their conduct—leaving the victim and failing to report the incident until police interrogation—was deemed implausible. The victim gave two dying declarations: one before a Judicial Magistr…

The case arose from an FIR that named seven persons for offences under the IPC, Arms Act and Explosive Substances Act, but only one appellant was specifically named. No charge‑sheet was filed against two other alleged participants, Suraj Singh and Arbind Singh. The Sessions Judge, relying on the testimony of PW‑6 (a no…

Vinod Solanki's office was searched and cash seized; he subsequently made statements to Enforcement officials under the Foreign Exchange Regulation Act (FERA) admitting to foreign exchange remittances, but later retracted those statements alleging coercion. The authorities imposed a Rs 10 lakh penalty based largely on …

The State of Madhya Pradesh prosecuted Bablu Natt for abducting a minor girl (aged 11‑13) and raping her repeatedly, also forcing her to live with him for several days and producing a false affidavit claiming she was 18. The trial court convicted him under IPC sections 366 and 376 and imposed the statutory minimum of s…

Constable Ramvir Singh of the Border Security Force was convicted of disobeying orders, withholding official dak and, while in internal custody, refusing meals and pack drill. He pleaded guilty and was sentenced to seven days of rigorous imprisonment and dismissal from service. He challenged the dismissal on grounds of…

The appellant (A-3), an employee of a wine shop, was tried along with two others for murder of Venkatesh under IPC s.302 read with s.34, alleging a common intention to kill. The trial court and High Court convicted all three of murder. On appeal, the appellant argued that he was unarmed, was performing his duties, and …

The appellants claimed that three temples built by their ancestor before 1890 were private family temples and sought a declaration to that effect. The Hindu Religious and Charitable Endowments Board appointed non‑hereditary trustees, prompting the appellants' mother to file a writ petition, which was dismissed, and a s…

Ganpat Singh Deora, a Bank of Baroda employee aged 40 with 13 years of service, opted for voluntary retirement under the Bank's 2001 Voluntary Retirement Scheme (BOBEVRS‑2001). While he received the scheme’s retiral benefits, his claim for a pension under the Bank of Baroda Employees Pension Regulations, 1995 was denie…

The appellant, Mis. Thukral Mechanical Works, acquired the registered trademark ‘Field Marshall’ for centrifugal pumps from Mis. Jain Industries and used it in its business. The first respondent, P.M. Diesels Pvt. Ltd., the original proprietor of the mark for diesel engines, sought removal of the mark under Section 46(…

The respondent, a conductor employed on a casual basis, was removed for misconduct and later reappointed without disclosing his prior dismissal. Upon discovery of this concealment, he was again dismissed following departmental proceedings. The Labour Court upheld the dismissal as valid but deemed the punishment harsh, …

Mohan Meakin Ltd., a manufacturer of Indian Made Foreign Liquor, imported malt spirit of over‑proof strength (rectified spirit) into Himachal Pradesh and was levied a permit fee under the State's 1996‑97 excise policy. The company contended that the State lacked legislative competence to impose such a fee because indus…

The contractor, M/s P. Manohar Reddy & Bros., completed an excavation contract for the Maharashtra Krishna Valley Development Corporation, received full payment and accepted the final bill. Later it claimed extra work, but raised the claim after the contract had ended and beyond the 30‑day period prescribed in clauses …

The Supreme Court examined a deed dated 27‑10‑1969 in which the vendor transferred his one‑half leasehold interest to the vendee with a stipulation that he could repurchase the property within three years. The central issue was whether the instrument constituted an absolute conveyance with a condition of repurchase (a …

The accident occurred on 15 May 2002 when a Tata 407 goods vehicle, being used to transport members of a marriage party, overturned, killing Sunil Kumar and injuring several others. The claimants, heirs and legal representatives of the deceased and injured, filed claim petitions before the Motor Vehicles Claims Tribuna…

Shri Najmuddin and others filed a writ petition in 1985 challenging a 1948 notification and a 1962 offer under the Resettlement of Displaced Persons (Land Acquisition) Act, 1948, claiming a one‑third share in certain lands in Delhi. The Delhi Development Authority counter‑claimed possession based on an award. The High …

The appellant, a liquor manufacturer, challenged the State's demand for supervision charges with retrospective effect and interest, arguing that a prior High Court decision had already settled the issue. The High Court dismissed the later writ petition, holding that the demand notices were illegal. The Supreme Court ex…

The Supreme Court entertained a batch of Special Leave Petitions challenging the constitutional validity of entry tax levied by various State statutes under Entry 52 of List II, Seventh Schedule. The petitioners argued that entry tax is not a tax in the classical sense but a fee, and that the State statutes should be e…

The State of Madhya Pradesh filed an application for a stay of a contempt order that directed the payment of benefits under the 5th Pay Commission to teachers in private‑aided schools. The contempt order arose from the State's failure to implement a High Court judgment (Writ Petition No. 2029 of 2000) which had extende…

M/s Malwa Strips Pvt Ltd filed a summary suit under Order XXXVII CPC against M/s Jyoti Ltd for a sum of money. The trial court granted conditional leave to defend, requiring the respondent to deposit an admitted amount, which the respondent failed to do, leading to a decree in favour of the appellant. The respondent ap…

The respondents, Bhup Singh and others, were convicted under Section 302 IPC for murdering three persons and sentenced to life imprisonment. The State of Haryana introduced a policy categorising life convicts for premature release, stipulating that those convicted of heinous crimes could be considered only after 20 yea…

The owner of a two‑wheeler insured the vehicle with an act policy under the Motor Vehicles Act, 1988. The owner’s son, who was driving the motorcycle, died in an accident. The claimants sought compensation from the insurer, arguing that the son was a "person" covered under Section 147 of the Act. The insurer contended …

Panchi Devi, the widow of a work‑charge employee who died in 1978, claimed a family pension under Rule 22A of the Rajasthan Public Works Department (B&R) Work Charge Employees Service Rules, 1964, which became effective on 17 September 1980 with a sub‑rule (6) applicable from 1 September 1982. The High Court dismissed …

In 1978, landlord Ganga Prasad and his son Radhey Shyam allegedly threw acid on their tenant Badlu Ram, causing multiple burns. The trial court convicted the son under Section 326 of the Indian Penal Code, sentencing him to four years' rigorous imprisonment, while the father was acquitted; the High Court affirmed this …

The appellant, Mohd. Ashique, owned a truck that was confiscated by Maharashtra forest officials under Section 61A of the Indian Forest Act, 1927 for allegedly transporting illicitly felled timber. He challenged the confiscation, claiming he had no knowledge of any alterations in the transit passes and that the seizure…

The case concerned a claim for compensation under the Workmen's Compensation Act, 1923 where the Commissioner awarded Rs 2,21,370 with interest at 12% per annum and held the insurer, National Insurance Co., liable for payment. The insurer contended that, in the absence of an express contractual term, it was not liable …

Sunrise Timber Company imported timber into the Calcutta Metropolitan Area without paying entry tax and allegedly used forged documents, leading the Revenue to seize documents and collect tax. The company filed an application under Section 8 of the West Bengal Taxation Tribunal Act, 1987 seeking a refund of the tax, re…

The Supreme Court examined the validity of confessions recorded under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) in a murder‑conspiracy case. The appellants argued that their confessions were involuntary, obtained while in police custody, and later retracted, and that no corrobo…

The Assam Public Service Commission advertised 27 Child Development Project Officer (CDPO) posts for direct recruitment and prepared a select list of 64 candidates, appointing the first 27. The appellants, whose names appeared below the appointed 27, challenged the regularisation of 18 privately appointed CDPOs who wer…

The State of Rajasthan prosecuted eight accused for the rape of a school‑going girl, alleging that the accused had repeatedly abducted and assaulted her. While three of the accused were convicted at trial, the remaining five, including Hanuman Prasad, were acquitted. On appeal, the Rajasthan High Court reversed the acq…

The Supreme Court examined whether credit notes issued by liquor manufacturers to their distributors should be included in the distributors' taxable turnover under the Andhra Pradesh General Sales Tax Act, 1957. The distributors argued that the manufacturers had already paid tax on the full sale price and that the cred…

The appellants were accused of murdering Bhupal Singh after a dispute over gambling winnings. The prosecution alleged that the accused followed the deceased, assaulted him, and that he was killed shortly thereafter, with his body later recovered at the instance of accused Mohan Singh. The trial court, relying on the te…

The informant, Balmiki Singh, alleged that on 11 August 1992 he was shot by Ram Chander Singh and others, resulting in injuries to his chest. The FIR was lodged two days later on 13 August 1992, and the investigating officer was not examined during trial. The trial court convicted the accused under Section 307 read wit…

The case arose from the murder of Mathappan after a quarrel, where several accused were alleged to have attacked him and his family. The trial court convicted the accused based on the testimony of two eye‑witnesses (the deceased’s wife and daughter) and a dying declaration recorded by a Sub‑Inspector. The Madras High C…

The Supreme Court examined whether an insurance dispute could be referred to arbitration after the insured had executed an undated full‑and‑final discharge voucher. The insured claimed the voucher was signed under coercion and that the insurer had conditioned payment on its execution. The Court held that the existence …

Mahila Samkhya, a Karnataka society, hired Abdul Kareem as a driver on a fixed‑term contract that was renewed for the period 1 November 1997 to 31 October 1999. The society terminated his services on 3 July 1998 invoking clause XIV of his appointment letter, alleging misconduct. The Labour Court held the termination il…

Constable Prem Sarup was convicted under Section 170 IPC for an offence in 1974, but the conviction was set aside in 1979 because the principal prosecution witnesses turned hostile. The Punjab Police nevertheless initiated disciplinary proceedings under Rule 16.3(1)(b) of the Punjab Police Rules, 1934, imposing a two‑y…

The Kerala State Electricity Board (KSEB) maintained two separate services, the General Establishment and the Board Secretariat Service. Two employees of the Secretariat Service, S.G. Rajappan and L. Radhadevi, received out‑of‑turn promotions that were later declared illegal. The senior employee in the General Establis…

Dinesh Seth was married to Rama, who died by hanging within two years of marriage. The trial court framed a charge under IPC Section 304B (dowry death) read with Section 34 and convicted the accused. On appeal, the Delhi High Court acquitted them of the 304B charge but convicted Seth under IPC Section 498A (cruelty) an…

The appellants were charged under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for calling a Scheduled Caste informant "Chamar" (or "Chuda‑Chamar") in what the FIR described as a public setting. The Supreme Court examined whether the term "Chamar" in contemporary usa…

The appellants Ajeet Kumar Rai, Vinay Kumar Rai and Ashutosh Kumar Rai were convicted for the murder of Nanda Kumar Singh under Section 302 read with Section 34 of the IPC and for a violation of Section 27 of the Arms Act. The prosecution proved that the first two accused restrained the deceased, urged the third to fir…

The Punjab State Electricity Board appealed against the Punjab State Electricity Regulatory Commission’s tariff order, which had been upheld by the Punjab and Haryana High Court on the ground that the Commission failed to consider certain parameters. The industrial consumers (M/s SIEL Ltd. and others) had challenged th…

The case arose from a corruption investigation under the Prevention of Corruption Act, 1988 against B. Srinivas, an engineer, where the Superintendent of Police, Karnataka Lokayuktha authorized an Inspector to investigate and an FIR was lodged on 12 June 2000. Srinivas filed a petition under Section 482 of the CrPC see…

The assessee, Gold Coin Health Food Pvt. Ltd., filed a return showing a loss. The Income Tax Department levied a penalty under Section 271(1)(c) of the Income Tax Act, 1961, alleging concealment of income. The issues were whether the term “income” includes losses, whether the penalty can be imposed when the returned fi…

The Government of Goa leased 12 hectares of land, classified as forest, to A. Chowgule & Co. Ltd. for an export‑oriented iron‑ore beneficiation plant. Respondents filed writ petitions challenging the lease, arguing that the land was forest and required prior Central Government approval under Section 2 of the Forest Con…

The Supreme Court examined the scope of Section 11(6) of the Arbitration and Conciliation Act, 1996 concerning the appointment of arbitrators when the parties' agreed procedure fails. It held that the Chief Justice (or a person/institution designated by him) may make the appointment, but must do so with "due regard" to…

The respondents, Gujarat Carbon & Industries Ltd., had hired transport operators before 2003 and were served with a notice demanding service tax on the gross transport charges. The Commissioner of Central Excise relied on sections 70, 73, 76, 77 and 81 of the Finance Act, 1994 and on a retrospective amendment under sec…

The respondent filed a criminal case against her husband and his family. The accused were granted provisional bail on 3 May 2006, which was confirmed on 7 September 2006. The Patna High Court later cancelled the bail of three appellants without recording any reasons. The appellants appealed to the Supreme Court, conten…

The respondent, a bus conductor, was found not to have issued tickets to 20 of 136 passengers when his bus was intercepted. A domestic enquiry concluded he was guilty and he was dismissed. The Labour Court set aside the dismissal, ordering reinstatement and back wages, on the ground that the cash bag and the ticket‑les…

The Commissioner of Income Tax (Delhi-VI) appealed against Oriental Insurance Co. Ltd., contending that the Revenue must obtain clearance from the Committee of Disputes (COD) within one month before filing appeals against a public sector undertaking. The Delhi High Court dismissed the appeals for not securing such clea…

The State of Karnataka appealed the Karnataka High Court’s acquittal of two tailors accused of raping two girls. The trial court had convicted them under Section 376 of the Indian Penal Code, relying on school certificates and the headmaster’s testimony that the victims were under 16 years of age. The High Court revers…

Shakti LPG Ltd. imported steel plates in 1996 and warehoused them under the Customs Act, 1962. The initial one‑year warehousing period was repeatedly extended until January 2001, after which the importer surrendered the goods in December 2004. When an auction was scheduled for September 2005, the importer sought to sto…

The case involved four separate suits (nos. 97‑100) concerning lands in four villages, all filed under Section 49 of the U.P. Tenancy Act, 1939. A common judgment was delivered, after which the judgment in suit no. 98 attained finality, while appeals against the common judgment in suits 99 and 100 were allowed, resulti…

Severn Trent Water Purification Inc., a U.S. corporation, held 50% of the equity of a joint venture, Capital Controls (India) Private Ltd., with the Indian partner Chloro Controls (India) Pvt. Ltd. A deadlock in management led Severn Trent to terminate the joint‑venture agreement and file a winding‑up petition under Se…

The contractor (N.C. Budhraja) completed excavation work for Orissa Mining Corp. Ltd. (OMC) and later claimed extra payment for work beyond the contract. OMC acknowledged pending claims in a letter dated 28‑Oct‑1978 and paid Rs.3,50,000 on 4‑Mar‑1980, after which the contractor invoked arbitration on 4‑Jun‑1980. The le…

The Supreme Court heard two civil appeals arising from a suit for specific performance of an agreement to sell land dated 24 April 1982 for Rs.1,20,000, of which Rs.10,000 had been paid as advance. The Court held that the agreement was genuine and binding, but given the 25-year lapse and the substantial increase in pro…

The appellant, Dinkar Maruti Jadhav, sought termination of a tenancy under the Bombay Tenancy and Agricultural Lands Act, 1948, relying on a certificate issued to the deceased landlord under s.88‑C and proceedings initiated under s.33‑B for bonafide requirement and personal cultivation. The landlord died while the s.33…

Two workmen, Stephen and Nallusami, were charged with theft of a pesticide and dismissed after a domestic enquiry that relied on the testimony of two witnesses who claimed the accused had confessed in their presence. The Labour Court held that the enquiry officer had not properly appreciated the evidence and that there…

The deceased, a carpenter, was killed when a truck owned by respondent No.1 and driven by respondent No.2 collided with his bicycle. The widow and minor children of the deceased filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation but exonerated the …

The appellant corporation alleged that its resident engineer, Kamal Swaroop Tondon, caused a loss of Rs.1 lakh due to negligence and initiated disciplinary proceedings by issuing a show‑cause notice on 13 January 2000, followed by a regular notice on 31 January 2000, the day of his retirement. While the employee filed …

Kripa Pandey worked as a driver in the Bihar Caustic & Chemicals Ltd. factory during its construction, being engaged by a contractor under the Contract Labour (Regulation and Abolition) Act, 1970. He was terminated in September 1984 and claimed that the termination was illegal, seeking reinstatement and back wages. The…

The heirs of a deceased woman filed a claim for motor accident compensation, which was awarded Rs.1,44,000 by the Motor Accident Claims Tribunal. Dissatisfied, they appealed to the Punjab & Haryana High Court, which referred the matter to a Lok Adalat. The Lok Adalat, without the parties' consent or any settlement, enh…

The petitioners, work‑charge employees appointed in the early 1980s, sought regularisation of their services after more than a decade of continuous employment. The Punjab and Haryana High Court had earlier ordered their regularisation based on a prior judgment, but the State appealed to the Supreme Court. The key issue…

The petitioners filed a public‑interest writ under Article 32 seeking to quash the appointment of a Madras High Court judge, alleging that the appointment as a permanent judge was made without the required collegium consultation and that the judge was unsuitable, as evidenced by repeated extensions of his tenure as an …

The appellant Aloka Bose (representing the heirs of the deceased vendor) appealed against a decree of specific performance granted to the plaintiff Parmatma Devi for the sale of a portion of a house. The dispute centered on whether a written agreement of sale signed only by the vendor, without the purchaser's signature…

The respondent company filed a complaint under Section 200 of the CrPC alleging several IPC offences against the appellant. The Metropolitan Magistrate, having taken cognizance, refused to order a police investigation under Section 156(3) and directed the complainant to present pre‑summoning evidence. The complainant f…

Dhariwal Tobaco Products Ltd. and its senior officials were charged with manufacturing adulterated Gutkha, violating Rule 62(1) of the Prevention of Food Adulteration Rules, 1955. A Judicial Magistrate issued summons, and the accused filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking…

Prakash Kumar Tandon, an Inspector of Works in Indian Railways, was charged with accepting sub‑standard wood and faced disciplinary action that reduced his pay. He wrote to the appointed Inquiry Officer, the Chief of the Vigilance Department, requesting that Assistant Engineer B.S. Walia be summoned as a witness, but t…

The case concerned the termination of Vimmi Joshi, a principal of an Army public school, who alleged sexual harassment by the Vice‑Chairman of the School Managing Committee, Col. Hitendra Bahadur. The High Court had held that a clear case of sexual harassment existed and ordered disciplinary action against the officers…

The plaintiff, U.R. Virupakshaiah, filed a partition suit alleging that the disputed lands were joint family property. The High Court, hearing a second appeal under Section 100 of the Code of Civil Procedure, framed an additional substantial question of law concerning the existence of a joint Hindu family while dictati…

The case concerned Time Keepers employed in various workshops of the Eastern Railway who were recruited as clerical staff but were held to be workers under the Factories Act, 1948. The Railway Board issued orders granting the Fifth Pay Revision Commission benefits from 18 February 2000 only to certain workshops, exclud…

The appellant, Avinash Kumar Chauhan, purchased land from respondent Vijay Krishna Mishra, a Scheduled Tribe member, and paid the full consideration and took possession, but the transfer required the collector’s permission under the C.G. Land Revenue Code, which was denied. Chauhan sued for recovery of the consideratio…

The appellants were daily‑wage workers hired by the Kerala Water and Sewerage Authority for a specific project and were released in 1987 when the project ended. After the Supreme Court’s decision in Jacob M. Puthuparambil v. Kerala Water Authority (1991), which mandated regularisation of long‑serving employees appointe…

Vijay Industries, a small‑scale supplier of castor oil, sued Natl Technologies for non‑payment of invoices and for interest on delayed payments, filing a winding‑up petition under Sections 433(e), 433(f) and 434 of the Companies Act, 1956. The respondent argued that interest was not a debt because there was no explicit…

The Municipal Corporation of Delhi (MCD) sought to hold Shashnak Steel Industries liable for property tax under Section 120(1)(c) of the Delhi Municipal Corporation Act, 1957, alleging that a perpetual sub‑lease dated 20‑Feb‑1981 operated as a conveyance transferring leasehold rights to the sub‑lessee. The sub‑lease wa…

The Sunita Devi Singhania Hospital Trust, a charitable hospital, imported equipment under Notification 64/88-Cus which exempted it from customs duty provided it reserved 10% of beds for low‑income patients and offered free outpatient treatment to at least 40% of patients. The Customs, Excise and Service Tax Appellate T…

The National Small Industries Corporation Ltd. (NSIC), a government company, lodged a complaint under the Negotiable Instruments Act alleging that a cheque drawn in its favour was dishonoured. The complaint was filed by NSIC’s Development Officer, who is a public servant, and the Magistrate, relying on the proviso to S…

M/s. Rahee Industries Ltd., the exporter, had a Specific Shipments (Political Risks) policy with the Export Credit Guarantee Corporation (ECGC) covering 90% of the loss on a shipment to Egypt. Due to a political embargo, the exporter did not receive the balance payment and claimed the insured amount from ECGC, which wa…

Ishwar Singh was convicted under Section 307 read with Section 34 of the IPC for assaulting Devi Singh and was sentenced to three years' rigorous imprisonment and a fine. The conviction and sentence were upheld by the High Court. While the appeal was pending before the Supreme Court, the accused and the victim reached …

The Secretary, Department of Horticulture, Chandigarh filed a second appeal under Section 100 of the CPC against a decree reinstating workman Raghu Raj, which had been admitted in 1980 and remained pending for decades. In 2006 the Punjab and Haryana High Court dismissed the appeal on its merits despite the appellant’s …

The appellants, owners of two petrol pumps at Mahipalpur, claimed that the Delhi Development Authority (DDA) had a duty to relocate their outlets after a flyover project made the sites commercially unviable. The DDA’s Technical Committee and later the Screening Committee had initially recommended resettlement, but the …

The appellant, a medical practitioner, was accused of causing the death of a patient, Buddha Ram, after administering three injections, and of threatening the complainant to withdraw the case. The trial magistrate issued summons under IPC sections 304, 504 and 506, which the High Court upheld. The Supreme Court examine…

The State of Punjab charged six accused with murder under IPC s.302 read with s.34, alleging that after a jeep deliberately struck the deceased's scooter, the accused assaulted him with rods and hockey sticks, leading to his death after 55 days. The trial court convicted four of the accused, but the Punjab and Haryana …

The Commissioner of Income Tax, Rajkot appealed against M/s Gujarat Siddhi Cement Ltd.'s claim of an investment allowance for additional costs incurred on plant and machinery due to foreign exchange rate fluctuations for the assessment year 1993-94. The assessing officer disallowed the claim, holding that the assets we…

The State of Rajasthan charged Narayan with murdering his wife, alleging he killed her because she was pregnant by another man. Both were found with cut throats, Narayan alive, and the weapon was discovered under the wife's clothing. The trial court convicted him under IPC sections 302, 316 and 309, but the Rajasthan H…

The case involves the murder of Rameshwar Dayal on 5 October 1979, for which three men—Virendra (Buddhu), Ram Asrey (Tami) and Girish Chandra (Gappu)—were charged under Sections 302, 34 and 307 of the IPC. The deceased's wife (PW‑1) and daughter (PW‑2, a 14‑year‑old girl) were eye‑witnesses and identified the accused. …

The incident occurred on 25 March 1978 when six accused, including Kirandeo Prasad, attacked a group in a dalan, resulting in the death of Sukhu Mahton. The trial court convicted Kirandeo Prasad under Section 302 IPC and sentenced him to life imprisonment, acquitting the other five accused. On appeal, the Patna High Co…

The accused, a government servant, was convicted under Section 5(1)(e) and 5(2) of the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known income. The trial court sentenced him to one year imprisonment, imposed a fine, and ordered that four specified assets be auctioned with proceeds …

The appellant, a former Executive Engineer in the Andhra Pradesh Panchayat Raj Department, was convicted under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known sources of income. The trial court sentenced him to one year imprisonment, i…

The State of Punjab prosecuted four accused—Bakhshish Singh, Balbir Singh, Balraj Singh and Gurmeet Kaur—for the death of Mangal Singh. The prosecution alleged that the accused, after a quarrel, held the deceased while Balraj Singh delivered a single blow that caused fatal head injuries. The trial court convicted all f…

The appellant was convicted under Section 138 of the Negotiable Instruments Act for issuing two cheques of Rs.60,000 each that were dishonoured. He contested the existence of a creditor‑debtor relationship, the service of statutory notice, and the authenticity of his signature. The trial and appellate courts found that…

The Food Corporation of India appealed against a judgment of the Andhra Pradesh High Court that had allowed revisions filed by the respondents, Yarlagadda Narayana Apparao and others, on the question of interest payable on solatium under Section 23(2) of the Land Acquisition Act, 1894. The High Court had held that the …

The case concerned a motor accident on 11 June 2004 in which the driver’s licence had lapsed at the time of the crash. The Motor Accident Claims Tribunal awarded Rs.4,03,650 to the claimant, but the insurer, National Insurance Co., refused to pay, arguing that the driver was not holding a valid licence and therefore th…

The State of Madhya Pradesh issued a Liquor Policy for 2005‑06 containing clauses that required retailers to pay the annual licence fee in 24 fortnightly instalments and allowed revocation of the licence for default. A circular clarified that liquor would only be supplied against such deposits. The High Court struck do…

The appellant Kandaswamy was convicted by the trial court for murder under Section 302 of the Indian Penal Code after allegedly cutting the deceased Alagarsamy, leading to his instantaneous death. On appeal, the central issue was whether the facts satisfied the legal requirements for murder or merely culpable homicide …

The appellant Asraf Ali was charged with murder of Khairul Hoque and was convicted by the trial court under IPC s.304(Part I) and later by the High Court under s.304(Part II). The conviction was based on circumstantial evidence, but the Supreme Court observed that during the examination under Section 313 of the CrPC th…

The Supreme Court considered appeals by three textile-related entities challenging the Employees' State Insurance Corporation's decision to club them with other establishments for ESI coverage. The lower courts had found that the units shared a common entrance, staircase, office space, electricity, financial ledger, an…

Usha Devi filed a suit for a permanent injunction over a parcel of land described in the plaint. The defendants objected to the description, and during a related miscellaneous proceeding the plaintiff’s husband affirmed the description. Two years later the plaintiff sought to amend the plaint to correct the description…

The Haryana Urban Development Authority (HUDA) appealed against the National Consumer Disputes Redressal Commission's (NCDRC) award of interest at 18% per annum on compensation for an alternative plot allotted after the original plot could not be delivered. The issue was whether a uniform 18% rate was appropriate or if…