Judgments of 2008

The case involved a bus conductor employed by the Regional Manager Uttarakhand Road Transport Corporation who collected fares from twenty passengers but failed to issue tickets or record their details in the way‑bill. During a checking operation the transport inspector directed the conductor to issue the tickets and ma…

Uttam Vishnu Pawar, a telephone operator in the Maharashtra Irrigation Department, transferred from the Mumbai Zone to the Kolhapur Zone and lost his seniority in the new zone. He filed an application before the Maharashtra Administrative Tribunal seeking that his service in the Mumbai Zone be counted towards the 12‑ye…

The respondent alleged that it sold woolen carpets to the appellant and that the appellant issued two cheques which were later dishonoured, leading to a complaint under Section 138 of the Negotiable Instruments Act. The appellant contended that the cheques were advances for a purchase that never materialised and that n…

The appellants, a partner and an employee of a manufacturing firm, were charged under Sections 417 and 420 IPC for allegedly cheating a client who had paid an advance for a custom‑made machine that allegedly did not meet specifications. The client filed a criminal complaint, and the trial court took cognizance. The app…

The appellant, a doctor who advertised himself as a child specialist, treated a seven‑year‑old girl for tuberculosis. The child’s condition worsened and was later diagnosed as advanced leukemia; she died. The consumer commission held the doctor negligent and awarded damages. A criminal complaint under Section 200 CrPC …

The State of Orissa appealed the acquittal of Sukru Gouda, who had been convicted by a trial court for raping his wife, PW1, under IPC s.376 and the SC/ST Atrocities Act. The High Court set aside the conviction, relying on the absence of medical injuries and the notion that a single man could not rape a healthy adult w…

The case arose from a land dispute that led to a group assault on Mahadevappa, resulting in his death. The trial court convicted Yankappa (A1) under Section 302 read with Section 149 IPC and A2‑A6 under Section 304 Part I read with Section 149, acquitting A7‑A15. The Karnataka High Court upheld A1's conviction, altered…

The petitioners challenged the Tamil Nadu Motor Vehicles Taxation (Amendment) Act, 1998 which raised tax rates for contract carriage, alleging that the increased levy imposed an uneven burden compared to stage carriage and violated Article 14's principle of proportionality. The High Court dismissed the writ petition, a…

The parties, siblings, entered into a compromise concerning ancestral property, which the court incorporated into a decree ordering the respondents to pay Rs.10 lakh each and, on default, interest at 18% per annum. The respondents failed to pay, and the appellants sought execution. The executing court, and later the Hi…

The appellants, Kothari Filaments, imported lithopone but some bags contained tetracycline HCl, a restricted chemical. Customs issued a show‑cause notice under Sections 111(d), 111(m) and 112(a), (b) of the Customs Act, 1962 alleging mis‑declaration, duty evasion and imposed confiscation and penalties. The appellants c…

Lajpat Rai Mehta, a draftsman in the Punjab Irrigation & Power Department, was on unauthorized leave from 30 April 1981 until his superannuation on 30 September 1994. He sued for a declaration that he was entitled to pension and other retiral benefits. The trial court dismissed the suit, but the first appellate court r…

The respondent, S.K. Yadav, a Homeopathic Assistant, was transferred after the closure of his dispensary and protested, subsequently remaining absent from duty from 10 September 1991 to 1 December 1993. A disciplinary proceeding found him guilty of two charges and imposed a penalty of reduction of pay to the minimum an…

Smt. Sau Kusum, claiming to belong to the carpenter caste (known as Badhai in Madhya Pradesh and Sutar in Maharashtra), contested a panchayat election in Maharashtra for a seat reserved for OBCs. Her election was challenged on the ground that she was not an OBC and not a permanent resident of Maharashtra prior to 1967.…

Wada Arun Asbestos (P) Ltd. supplied AC pressure pipes to Gujarat Water Supply & Sewerage Board, which failed to pay the amount due. The plaintiff filed a summary suit under Order 37 of the CPC; the defendant was granted conditional leave to defend on the condition of depositing 50% security, which it failed to do, lea…

Shakti Tubes Ltd., a contractor for the State of Bihar, entered into a contract for supplying black pipes that contained an escalation clause. Disputing the escalated price, the contractor filed a writ petition in 1994, which was partially admitted in 1995. After serving a notice under CPC s.80, it filed a money suit i…

The case concerned an Indian Revenue Service officer who was transferred from Bhopal to Shillong and later to Ahmedabad on the basis of an anonymous complaint alleging caste bias, which was later found to be untrue. The officer’s representations against the transfer were ignored, and he failed to report to the new post…

In a suit for declaration of title and possession of land, six defendants were impleaded. Defendants 2 and 5 entered into a compromise with the plaintiff, while an ex‑parte decree was passed against defendants 1 and 6. The latter filed an application under Order IX Rule 13 of the Code of Civil Procedure to set aside th…

The Parents Association of Students filed a writ petition seeking regulation of professional education fees in Uttar Pradesh. After the High Court’s Single Judge gave directions, the State issued a government order allowing a medical college (run by respondent No.1, M.A. Khan) to collect fees, which the association all…

Mantoo Sarkar, a migrant agricultural labourer originally from Pilibhit, was residing and working in Nainital when he was injured in a bus‑truck collision that occurred in Bareilly, Uttar Pradesh. The truck was insured by Oriental Insurance Company, which maintained a branch at Nainital. Sarkar filed a claim petition b…

The appellant, G. GnanaM, was a passenger in a Metropolitan Transport Corporation bus that collided with a lamp post on 14 June 1995, resulting in a fractured right upper arm and a medically assessed permanent disability of 65%. He claimed Rs 6,00,000 as compensation; the Motor Accident Claims Tribunal awarded Rs 1,50,…

The Committee of Management of Mumtaz Post Graduate College (appellants) challenged the Vice‑Chancellor’s refusal to approve the removal of its principal, Dr. M.N. Khan, arguing that the removal order violated Section 35(2) of the U.P. State Universities Act, 1973 and that the provision was ultra‑vires Article 30(1) of…

The case concerned assistant teachers of Bihar's Nationalised Schools whose pay on promotion had been fixed under the now‑defunct Fundamental Rule 22‑C (FR.22‑C). The State of Bihar issued an office order in 2000 directing re‑fixation of pay under the amended provisions FR.22(1)(a)(1) and FR.22(1)(a)(2) and recovery of…

The State of Madhya Pradesh charged Makhan (Madam) and others with murder under Sections 148, 302 read with 149 of the IPC, alleging they assaulted the deceased with sticks and rods, leading to his death. The trial court convicted them, but the Madhya Pradesh High Court acquitted them, discarding the testimony of eye‑w…

The appellant, a driver of an APSRTC bus, was convicted under Section 304-A of the Indian Penal Code for allegedly driving rashly and fatally striking a boy on 9 November 1994. The prosecution's case relied on the testimony of three eyewitnesses (PW‑4, PW‑5, and PW‑11) who gave conflicting accounts regarding the bus nu…

Smt. Rachna filed a transfer petition before the Supreme Court seeking transfer of several pending civil and criminal matrimonial cases to the Supreme Court Lok Adalat. The matters were listed before the Lok Adalat on 5 September 2008, where mediation led to a comprehensive settlement covering apologies, monetary payme…

In Transfer Petition (C) No. 25 of 2008, Saira sought transfer of a matrimonial dispute involving criminal and civil proceedings against Athar Abbas. The Supreme Court directed the matter to be listed before its Lok Adalat, where mediators facilitated a settlement. The parties agreed to withdraw all pending complaints,…

The Supreme Court, sitting as a Lok Adalat, facilitated a settlement between Seema Bansal and Mayank Bansal concerning their matrimonial dispute. The parties agreed that the father would pay Rs.10 lakh for the maintenance of their daughter in four instalments, keep the amount in a fixed deposit, and also pay a monthly …

Respondent No.1 filed an administration suit to administer the intestate estate of his deceased parents. During the suit he sought to amend the plaint to implead the appellants, alleging that two properties had been alienated to a company and to the appellants during the parents' lifetimes. The Bombay High Court allowe…

The appellant Sunil, originally accused No.6, was convicted by the trial court and the Bombay High Court for murder under Section 302 read with Section 149 of the Indian Penal Code, along with several other offences, based primarily on the testimony of two eyewitnesses. The prosecution alleged that Sunil had caught hol…

Manoj Sharma was charged in an FIR for offences including cheating, forgery and fraud under Sections 420, 468, 471, 34 and 120‑B IPC. The complainant and the accused later reached an amicable settlement and the complainant withdrew the allegations. The Delhi High Court refused to quash the FIR, prompting an appeal to t…

The State of Madhya Pradesh charged Wazir Khan and another accused with murder under Section 302 read with Section 34 of the IPC for allegedly throwing a petrol bomb at the deceased. The trial court convicted them, but the High Court acquitted, holding that the medical evidence did not support the prosecution’s version…

K.M. Mishra, an officer of the Central Bank of India, challenged the promotion of another officer (Respondent No.5) to Senior Management Grade Scale IV, alleging that the promoted officer lacked the required educational qualifications and that Mishra's own performance appraisal ratings for 1995-96 and 1996-97 were impr…

The respondents were charged with theft for allegedly taking possession of a complainant's land while executing a warrant of possession. They filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of the FIR. The Punjab and Haryana High Court, without detailed reasoning, quash…

The appellants, a father and his son who became the landlord of a shop after a family partition, filed an eviction petition against the respondents for sub‑letting, non‑payment of rent and personal requirement. The Rent Controller allowed eviction only on the sub‑letting ground; the Appellate Authority, after examining…

The Supreme Court examined whether incentive subsidies received by Ponni Sugars & Chemicals Ltd. under various government schemes were capital or revenue receipts, whether the company could claim exemption under Section 80P(2)(a)(i) for interest earned from cooperative society members, and whether area development fund…

Sanjay Bhandari was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) for alleged misuse of Export Promotion Capital Goods licences and smuggling of imported vehicles. His wife, Ranu Bhandari, filed a habeas corpus petition challenging the de…

The State appealed a Madras High Court judgment that acquitted several accused in a murder case and dismissed a revision petition filed by the informant. The trial court had convicted six of the sixteen accused, but the High Court set aside those convictions, citing a delayed receipt of the FIR and related documents, t…

The Haryana Urban Development Authority (HUDA) allotted a residential plot to Raj Singh Rana under an allotment letter that stipulated a 7% simple interest rate on instalments of the tentative sale price. After the plot’s acquisition cost was enhanced, HUDA demanded additional payment with interest rates of 10% and 15%…

The Commissioner of Customs appealed against a Tribunal order that had allowed Indian Rayon & Industries Ltd. to claim duty exemption under Notification No. 94/96-Cus for three re‑imported consignments. The assessee had originally relied on Notification No. 158/95-Cus, executing separate bonds and agreeing to re‑export…

The appellant, Kuldeep Singh, was the driver of a truck carrying a marriage party of about fifty people when the vehicle allegedly lost control, rolled over and caused the death of four persons and injuries to many others. He was acquitted by the trial court, but the Himachal Pradesh High Court convicted him under Sect…

The State of Punjab prosecuted Kulwant Singh (alias Kanta) for three murders and one attempt to murder that occurred in a marriage palace, leading the trial court to convict him under IPC s.302 and s.307 and award death. The High Court acquitted him, citing irregularities such as a month-long delay in recording the sol…

The case arose when the informant’s bullocks strayed into the field of Kashi Prasad, leading to a verbal altercation that escalated into a physical fight. During the scuffle Kashi Prasad struck the deceased Lachhi Ram with a spear, causing injuries that proved fatal. The trial court convicted the appellant under Sectio…

The appellants filed a claim for compensation under the Workmen's Compensation Act for workmen who died when a large quantity of mud collapsed from a quarry while being loaded onto a tractor‑trailer. The Commissioner held the accident occurred in the course of employment and the insurer was liable, but the Karnataka Hi…

The State of West Bengal appealed against a West Bengal Administrative Tribunal order that granted higher pay scales to two officers, Kamal Sengupta and another, after a review application was allowed. The respondents contended that the Tribunal had no jurisdiction to review its own order on the basis of a later decisi…

Bhupendra Steel (P) Ltd, a manufacturer of steel bars, rods and ingots, claimed exemption from central excise duty under Notification No.208/83-CE as amended by Notifications 90/88-CE and 202/88-CE, asserting that its inputs were "pieces roughly shaped" as defined in tariff heading 72.08. The department held that the i…

The State prosecuted eleven accused, including Latu Mahto, for the murder of Budhu Mahto and related assaults, alleging they formed an unlawful assembly under Section 149 IPC. The trial court convicted all accused under Sections 302/149 IPC and sentenced them to life imprisonment. On appeal, the accused contended that …

The appellant A2 was convicted under Section 302 IPC for the murder of Rajendran based largely on the testimony of witnesses who claimed to have seen the deceased with the accused on a Tuesday, without specifying the exact date. The trial court and the Madras High Court upheld the conviction despite the long gap betwee…

Mohan Anna Chavan was convicted of kidnapping, raping and murdering two minor girls aged five and ten. The prosecution relied on a chain of circumstantial evidence, including the victims' last seen with the accused, his extra‑judicial confession, forensic matches of blood on his clothes and nail clippings, and recovery…

The appellants, relatives of the late Harshad S. Mehta, challenged a Special Court order directing the Custodian to sell shares attached to them under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992. They argued that the sale procedure was flawed – the shares were not divided int…

Janatha Textiles, a partnership firm with four partners, was in arrears of income‑tax for several assessment years. The tax department attached agricultural land owned by the partners and sold it by public auction on 5 August 1996 under the procedures of the Second Schedule of the Income Tax Act, 1961. The sale was con…

The respondent, a truck driver, was intercepted with 163 kg of ganja and arrested under the NDPS Act. He was released on bail by a Special Judge and the High Court upheld the bail, despite the bail application being filed under Section 437 of the CrPC and Section 37(b)(ii) of the NDPS Act. The appellant contended that …

The State of Karnataka appealed against a Karnataka High Court judgment that had acquitted one accused (A4) and altered the murder convictions of seven others to grievous‑hurt convictions under S.326 r/w S.149 IPC. The facts involved eight persons, members of an unlawful assembly, who assaulted the deceased Rajanna wit…

Mis Cable Corporation of India Ltd applied to retrench 280 workmen under s.25‑N(2) of the Industrial Disputes Act, 1947. The Specified Authority allowed retrenchment of 276 workers but rejected the unions' applications under s.25‑N(6) for review or reference. The Bombay High Court, however, directed the authority to re…

Tata Finance Ltd filed a complaint under Section 138 of the Negotiable Instruments Act alleging that two cheques issued by a company were dishonoured. Notice was served on the company, its Chairman (Paresh P. Rajda) and a director. The Chairman moved an application under Section 395 CrPC to quash the proceedings, conte…

The case concerned a road accident on 19 March 1998 in which a motorcyclist (the deceased) and an injured claimant were allegedly struck by a bus of the Andhra Pradesh State Road Transport Corporation (APSRTC). Claimants filed compensation claims under Section 173 of the Motor Vehicles Act, 1988, and the Accident Claim…

The appellant, who had lent money to the respondent firm, sued for recovery of amounts due under two promissory notes executed by the managing partner of the firm. The trial court decreed the suit in part, granting relief for one note but refusing relief for the second on the ground that it was not supported by conside…

The Oil and Natural Gas Commission (ONGC) engaged a large number of workers through contractors for its drilling operations in Cachar. The ONGC Contractual Workers Union sought regularisation of these workers' services, leading the State Government to refer the dispute to an Industrial Tribunal. The Tribunal held that …

The appellants, who were managers of a canteen in a sugar mill, claimed overtime wages and filed an application under Section 33C(2) of the Industrial Disputes Act, 1947. The Labour Court allowed the claim on the basis of punch‑card records, but the High Court set aside the award, holding that Section 33C(2) is an exec…

The respondent, a partner of a dissolved firm, filed a criminal complaint alleging that the appellants, partners of another firm, conspired to deprive him of his share by cancelling the partnership deed without following proper dissolution procedures, invoking sections 405 and 420 of the Indian Penal Code. The partners…

The appellant, Sudarsha Avasthi, filed Election Petition No. 3 of 2002 challenging the election of Shiv Pal Singh to the Uttar Pradesh Legislative Council on alleged corrupt practices, including bribery to his brother and other candidates and undue influence on the Assistant Returning Officer. The petition alleged spec…

The Supreme Court examined the selection of principals for intermediate colleges under the U.P. Secondary Education Selection Board Act, 1982 and the 1998 Rules. The petitioners challenged the advertisements on six grounds, including the validity of counting lecturer or head‑master experience as qualifying experience, …

The case involved an armed clash between two village groups in Kantharia, Madhya Pradesh, where Prem Singh was killed and several others injured. The trial court convicted eighteen accused under Sections 302, 149, 147, 148, 307, 323 and 324 IPC, but the High Court altered some findings, especially regarding the plea of…

The Supreme Court examined a dispute between Entertainment Network (India) Ltd. (Radio Mirchi) and Super Cassettes Industries Ltd. over the broadcast of copyrighted sound recordings. The appellant sought a compulsory licence under Section 31(1)(b) of the Copyright Act, 1957, after the Copyright Board had fixed royalty …

The case concerned a property acquired under the Land Acquisition Act, 1894. The First Respondent, Shyamali Das, sought to be impleaded as a party in a reference petition under Sections 30 and 31 of the Act, but the Supreme Court had earlier found that no such application had been filed. The Calcutta High Court later i…

The Commissioner of Customs appealed against Reliance Petroleum Ltd. for denying a concessional duty exemption on a second‑hand heavy‑duty crane imported in dismantled condition together with a self‑propelled modular transport (SPMT) system for use in erecting a crude petroleum refinery. The importer claimed exemption …

Tata Motors Ltd., an unsecured creditor, challenged a scheme of arrangement approved by the Bombay High Court under Section 391 of the Companies Act, 1956, which sought to settle debts of Pharmaceutical Products of India Ltd. (the sick company) while the matter was pending before the Board for Industrial and Financial …

The case involved two sisters who challenged a 1983 deed of partition and relinquishment of their rights in family properties in favour of their brothers, alleging fraud and lack of consideration. The lower courts had held that the properties were joint family assets, the partition was a family settlement, and the sist…

Bank of India appealed against a decision that the Debts Recovery Tribunal lacked jurisdiction over the property of Ketan Parekh, who had been declared a notified person under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992. Parekh's movable and immovable assets were attached by …

The case concerned a claim for compensation under Section 147 of the Motor Vehicles Act, 1988 for the death of a pillion rider who fell from a scooter. The Motor Accident Claims Tribunal and the Kerala High Court held that the insurer, Oriental Insurance Co. Ltd., was liable because the vehicle was insured and the acci…

The case concerned a dispute over the succession to the offices of Sajjadanashin (spiritual head) and Mutawalli (manager of secular property) of a Dargah originally granted by the ruler of Jaipur. The plaintiff, Faqruddin (deceased), claimed that he became the rightful Sajjadanashin and Mutawalli after being declared a…

DLF Universal Ltd. and its trust, the colonizers of a Gurgaon colony, were directed by the Monopolies and Restrictive Trade Practices (MRTP) Commission to execute a fresh lease deed with a complainant who alleged unfair and restrictive trade practices in the allotment of school sites. The appellants did not challenge t…

The appellant, a widow who purchased a shop in 1996, filed a composite eviction suit against the tenant for default in rent, denial of title, and her bona‑fide requirement to use the premises for her son’s business. The trial court and the first appellate court allowed the suit, but the High Court set it aside, holding…

The cooperative societies had placed fixed deposits with Indian Bank and Bank of Baroda through commission agents, and the banks later refused to honour the deposits, claiming the amounts had been used to grant loans and that a fraud involving bank officers had occurred. The societies filed writ petitions under Article…

The case concerned the purchase of CANCIGO units worth Rs 33 crore by broker Hiten P. Dalal on behalf of Canbank Financial Services Ltd. (CANFINA) and the alleged involvement of senior CANFINA officials S. Mohan and others. The prosecution alleged that the units, issued in the names of Andhra Bank and its financial ser…

The Chennai Customs Appraising Officers Association, representing promotee appraisers, challenged the seniority list prepared by the Union of India, arguing that promotees should enjoy seniority based on the continuous officiation doctrine articulated in Gaya Baksh Yadav. The Union contended that the 1961 Recruitment R…

The appellant, Mis. Ponds India Ltd., produced Vaseline white petroleum jelly under a licence granted by the Drugs and Cosmetics Act, 1940. For assessment years 1981‑1989 the Trade Tax Tribunal classified the product as a pharmaceutical preparation (a "drug") under Entry 5 of the Uttar Pradesh Trade Tax Act, 1948, and …

The case concerned a partition suit filed by members of a joint family over lands where the first respondent had been granted occupancy rights under the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955. The respondents argued that the civil court lacked jurisdiction because the Act ousted its jurisdiction, …

The Food Corporation of India (FCI) had earlier been subject to a 1976 Central Government notification prohibiting the employment of contract labour for sweeping, cleaning, dusting and watching of its buildings. In 1992 the Central Government withdrew that prohibition, raising the question of whether the 1976 notificat…

The Supreme Court examined the dispute between the Andhra Pradesh Electricity Regulatory Commission (APERC) and private mini‑power‑plant (MPP) developers, including Mis. R.V.K. Energy Pvt. Ltd. and LVS Power Ltd., over the Commission’s direction that all power generated by the MPPs must be sold exclusively to APTRANSCO…

The respondent Sunder Singh filed a suit against the Municipal Corporation of Hyderabad seeking a permanent injunction and an order to render accounts for a purported wrongful auction of his property. An interlocutory application to adduce secondary evidence was dismissed and the suit was subsequently dismissed; the ap…

The appellant filed a complaint under IPC sections 323, 406, 498A and the Dowry Prohibition Act. Several witnesses could not be examined during the trial, and the complainant later filed a supplementary list of five witnesses under Section 244(2) Cr.P.C. after the charge was framed. The Sub‑Divisional Judicial Magistra…

Dabur India Ltd., the maker of "Dabur Red Tooth Powder", sued K.R. Industries for copyright infringement of its packaging and for passing off. The Delhi High Court dismissed the suit on the ground that it lacked territorial jurisdiction over the passing‑off claim, relying on the Dhodha House decision. Dabur appealed, a…

Kabushiki Kaisha Toshiba (the appellant) held a registration for the mark TOSHIBA covering washing machines and spin dryers. The Indian respondent, using the similar mark TOSIBA for electrical appliances, applied to the Registrar for rectification of the registration under sections 46 and 56 of the Trade and Merchandis…

Bakemans Industries Pvt. Ltd. (the appellant) defaulted on a loan from SICOM Ltd. under the State Financial Corporations Act, 1951. SICOM invoked Section 29 of that Act to take possession of the appellant's factory and sought sale of the assets, while the appellant and other creditors filed winding‑up applications befo…

The appellant, Andromeda Foundation India Ltd, imported medical equipment under a customs duty exemption notification of 1988 and 1993, which required it to furnish detailed information on the use of the equipment and to provide free treatment to a specified percentage of poor patients. Despite multiple requests, the a…

The Supreme Court examined whether the Kerala Government Order of 26 September 2000, which retrospectively withdrew electricity tariff concessions granted to classified hotels under a tourism‑industry policy, was valid. The hotels argued that the withdrawal violated their accrued rights, the doctrine of promissory esto…

The petitioners held mediclaim policies with United India Insurance Co. Ltd., a subsidiary of the General Insurance Corporation of India, and paid premiums annually. After several claims, the insurer refused to renew the policies, citing high claim ratios and pre‑existing diseases. The Gujarat High Court ordered renewa…

The Haryana State Industrial Development Corporation (HSIDC) allotted industrial plots to various applicants under letters of allotment containing detailed payment and construction schedules. Several allottees failed to comply with the terms, leading HSIDC to issue show‑cause notices and, in many cases, to resume the p…

Swadeshi Polytex Ltd., a sick company unable to pay employee wages, was subjected to attachment and auction of its property under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. The company challenged the sale, arguing that the sale proclamation and auction notice were not served on the actual default…

The Tamil Nadu Electricity Board and the State of Tamil Nadu appealed against a Madras High Court order that upheld tariff concessions for high‑tension industries set up before 15‑02‑1997. The dispute centered on the meaning of "set up" in the 1995 and 1997 government notifications and whether the doctrine of promissor…

The appellant, Satyawati Sharma, purchased a house in Delhi and sought eviction of tenants who were using the premises for a watch shop and a clinic, invoking the landlord's bona‑fide need under the Delhi Rent Control Act, 1958. The Act’s Section 14(1)(e) permits eviction only when the premises are let for residential …

The respondent, a Sectional Engineer with the Pune Cantonment Board, was charged with misconduct for allegedly preparing faulty estimates. An Enquiry Committee, whose three members later also sat on the Cantonment Board, found him guilty and the Board removed him from service. The respondent appealed, but the removal o…

The predecessor‑in‑interest of the respondents owned ten acres of land in Hyderabad and had leased it to Hyderabad Industries Ltd. The Mandal Revenue Officer issued a notice under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905, to vacate the land. The notice was challenged and the High Court quashed it, di…

The dispute arose from a registered Will dated 5 August 1972 that mutated property in favour of the appellants. Respondent No.1 filed a suit alleging the Will was procured by fraud; the trial court dismissed the suit and held it barred by limitation under Article 59 of the Limitation Act, 1963. The first appellate cour…

The Haryana State Minor Irrigation Tubewells Corporation, a government company, denied a pay‑scale revision to its Assistant Engineers, Sub‑Divisional Officers and Law Officers, arguing that the duties differed from those of government engineers and that the corporation faced financial loss. The employees claimed that …

The appellant, a 44‑year‑old unmarried woman, was admitted for a diagnostic laparoscopy but, while under general anaesthesia, the respondent doctors performed an abdominal hysterectomy and bilateral salpingo‑oophorectomy without her informed consent. The National Consumer Disputes Redressal Commission dismissed her cla…

The appellant Kunju @ Balachandran was convicted of murder (IPC s.302) and assault (IPC s.341) based primarily on the testimony of a single eyewitness, PW‑2, who saw the accused attack the deceased. The trial court, and subsequently the Madras High Court, upheld the conviction despite the fact that the original informa…

The respondent's land was declared surplus under the U.P. Imposition of Ceiling on Land Holdings Act, 1954, but he failed to file an appeal under Section 12 of that Act. After about two years he filed an application under Section 151 of the Code of Civil Procedure, claiming that consolidation proceedings had reduced hi…

The Supreme Court examined a challenge to the Maharashtra Government's order dated 16 May 2006 that granted permission to 1,495 new higher secondary schools on a permanent no‑grant basis, subject to conditions under the Education Code and the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977. T…

Baikunth Singh filed a complaint under IPC s.406, leading the trial court to take cognizance and issue summons against respondents 2 and 3. The respondents filed a petition under CrPC s.482, impleading the appellant, and the Patna High Court quashed the trial court's order without giving any notice to the complainant, …

The appellant Dharm Pal filed a writ petition challenging a 2000 notification under Section 4 and a 2001 declaration under Section 6 of the Land Acquisition Act, 1894, which acquired his residential structure while similar structures of other persons were left out. The Punjab and Haryana High Court dismissed the petiti…

Shiv Kumar was convicted under sections 7 and 13(2) of the Prevention of Corruption Act, 1988 and sentenced to three years' imprisonment. He applied to the Delhi High Court for suspension of his sentence under Section 389 of the Code of Criminal Procedure, arguing that he had already served one year and eight months an…

The petitioners, directly recruited Additional District and Sessions Judges, challenged the Delhi High Court's seniority list for Delhi Higher Judicial Service (DHJS) officers that was based on the 3 July 1986 Office Memorandum (OM). They argued that seniority should be determined under Rule 8(2) read with Rule 7 of th…

A complaint was lodged under Section 8 of the NDPS Act, 1985 alleging an offence punishable under Section 20(b)(i). While the case was pending, the NDPS (Amendment) Act, 2001 altered the punishment provisions in Section 20, introducing a new sub‑clause (ii)(c) with higher penalties. The trial court framed charges under…

The appellants were charged with assaulting the deceased with a lathi and an axe, which resulted in his death, and also assaulting three other villagers who came to his aid. The trial court acquitted them on the ground that the eye‑witnesses were relatives of the deceased and that the medical evidence was insufficient,…

The Union of India appealed the trial court's acquittal of accused Nos. 5‑9 and the acquittal of accused Nos. 1‑4 under Section 1208 IPC in a case of election‑related violence in Dadra and Nagar Haveli. The trial court had convicted accused Nos. 1‑4 on several offences but acquitted them on the conspiracy charge, and a…

The Union of India and others appealed a single High Court judge's order that reinstated an employee, Ram Kumar Thakur, while simultaneously complying with that order by reinstating him. The Division Bench of the Jammu & Kashmir High Court dismissed the writ appeal as infructuous on the ground that the order had been i…

The appellant, Montri Sreenu, was convicted under Section 302 of the Indian Penal Code for murdering his mother‑in‑law, Batta Chandramma. The prosecution relied on the appellant’s confession before a magistrate, extra‑judicial confessions to witnesses, recovery of a stone and stick allegedly used as weapons, and medica…

The State of Haryana charged Sher Singh with rash driving and causing death by negligence under IPC sections 279 and 304A after a bus he was alleged to be driving struck a pedestrian who later gave a dying declaration. The trial court and the first appellate court convicted him, but the Punjab & Haryana High Court acqu…

The employees sought in‑situ promotion to a higher pay scale under the career‑advancement scheme, but the Central Administrative Tribunal rejected their claim on the ground that they lacked the matriculation qualification prescribed in the Cadre and Recruitment Rules. The Karnataka High Court reversed the Tribunal, hol…

The appellants were charged with kidnapping, wrongful confinement and repeated rape of the prosecutrix on the night of 23 September 1985. The prosecutrix alleged that she was dragged, repeatedly raped by several accused and released the next morning, while her husband was beaten and locked in a room. The trial court ac…

The respondents, originally appointed as Lower Division Clerks (LDCs), voluntarily transferred on compassionate grounds to another collectorate in 1992 and were placed at the bottom of the seniority list as per the Government of India's May 20, 1980 policy. Because of this low seniority they were not considered for pro…

The Saurashtra Kutch Stock Exchange Ltd., a charitable institution, claimed exemption from income tax under Section 11 of the Income Tax Act, 1961, but its claim was rejected by the Assessing Officer, the Commissioner of Income Tax (Appeals), and the Income Tax Appellate Tribunal (ITAT). The ITAT later filed a miscella…

The appellant BSNL awarded a turnkey tender to Motorola and later imposed liquidated damages under clause 16.2 of the tender for alleged delay in delivery. Motorola contested the levy, invoking the arbitration clause, while BSNL claimed the matter was an "excepted matter" under clause 20.1 and therefore not arbitrable.…

The appellant, son of the second respondent, sought partition of the joint family property that included inam lands granted to the eldest son (respondent No.1) after the death of their father, who had been the Archak of a temple. The lower courts dismissed the suit, holding that a prior partition had been effected and …

The respondent, a senior citizen, filed an eviction suit under Section 27(2)(r) of the Karnataka Rent Act, 1999, claiming bonafide requirement for a shop to accommodate his handicapped son. After the trial evidence was recorded, he amended the petition to invoke Section 31, a special provision for widows, handicapped p…

The case involved six accused who, armed with weapons and bombs, formed an unlawful assembly and murdered Sundaram. The trial court convicted them under Sections 147, 148, 149, 302, 307 IPC and Section 9(b)(1)(b) of the Indian Explosives Act, relying heavily on the testimony of two eyewitnesses who were close relatives…

Shreeji Colour Chem Industries sought a refund of excise duty under the Central Excise Act, 1944, which was repeatedly rejected before being allowed by the Customs Excise and Gold Control Appellate Tribunal. The assessee then applied for statutory interest on the delayed refund, and the Gujarat High Court granted inter…

The dispute concerned a tenant (the appellant) who cultivated agricultural land originally owned by a widow, Smt. Narmadabai, and later claimed ownership under the Bombay Tenancy and Agricultural Lands Act, 1984. After the widow's death, the tenant initiated proceedings under Section 32G to purchase the land, but the l…

The Collector, Land Acquisition & Anr. appealed a High Court order that dismissed a revision petition challenging an executing court's award of interest on solatium to land owners. The petitioners argued that the reference court had categorically held that no interest was payable on solatium, so the executing court cou…

The case concerned a family dispute over the division of ancestral property, split into items 1‑9 and item 10. The trial court decreed the suit, granting declaration and injunction, and the first appellate court affirmed the decree. The respondents filed a second appeal before the Madras High Court, but limited the rel…

The Kerala State Electricity Board (KSEB) installed a high‑voltage electricity line over the land of Chinamma Antony, resulting in a claim for compensation for diminution of land value. The Additional District Judge enhanced the compensation awarded, and the Kerala High Court dismissed the Board’s revision petition, up…

The appellants purchased land that had been notified for acquisition under the Land Acquisition Act, 1894, and claimed that they had obtained prior permission under Section 5 of the Delhi Lands (Restrictions on Transfer) Act, 1972, to transfer the land. The High Court dismissed their review and writ petitions, holding …

The case involved three accused (A1, A2, A3) charged with murder under Section 302 read with Section 34 of the Indian Penal Code. A3 fired the fatal shots, while A2 was unarmed, did not perform any overt act, and no evidence linked him to a common intention with the others. Both the trial court and the Madhya Pradesh H…

Motilal Gadariya was convicted for raping his neighbour's wife, a married woman, under IPC sections 376(1) and 450 and for an offence under the SC/ST (Prevention of Atrocities) Act. The trial court sentenced him to five years for the offence against a married woman and seven years for rape; the High Court affirmed. The…

The State of Himachal Pradesh sought leave to appeal an acquittal of Shish Ram by the trial court. The High Court dismissed the application with a terse, non‑reasoned order, "Be registered. Heard. Dismissed." The State contended that such an order, lacking any reasons, was unsustainable. The Supreme Court held that rea…

DLF Universal Ltd sold a flat to Ekta Seth & others under an Apartment Buyer’s Agreement that allowed the seller to increase the price and stipulated forfeiture of earnest money for default. The buyers paid installments for five years but stopped after the seller demanded a cost‑escalation sum and failed to deliver pos…

The appellants, Raymond Woollen Mills Ltd. and its subsidiary, were accused by a retail dealer of tying the sale of readymade trousers to the supply of other garments and of terminating the dealer's dealership when the dealer refused large trouser orders. The MRTP Commission held that a restrictive trade practice exist…

Bank of India issued an unconditional on‑demand guarantee to Nangia Constructions (I) Pvt Ltd. The guarantee was invoked on 19 May 1989, within its validity period, but a stay order was obtained and the beneficiary failed to pay renewal charges, leading the bank to refuse renewal after 26 May 1996 and claim it was no l…

Dalbir Singh, the nephew of Ram Pratap, was convicted of murder (IPC s.302) and rioting (IPC s.148) for killing his uncle over a property dispute. The sole eyewitness, the victim's father Surja Ram (PW‑8), identified Dalbir by his voice in a dark‑night setting, though he could not name the other assailants who were acq…

The Delhi Bar Association challenged a notification issued by the Lieutenant Governor of the National Capital Territory of Delhi that divided the territory into nine civil districts, alleging that the Lt. Governor lacked authority and that the decision was a policy matter not subject to judicial review. The Supreme Cou…

The appellant was stopped at a bus stop with a yellow bag and, after giving consent, his bag was searched in the presence of witnesses, leading to the seizure of 2 kg of diazepam. He was charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, convicted, and sentenced to ten years' rigorous imprisonment…

The appellant, son of a deceased stock‑broker who was a member of the Bombay Stock Exchange, claimed that the partnership firm he joined should enjoy the "fee continuity benefit" under the SEBI (Stock Brokers and Sub‑Brokers) Regulations, 1992, arguing that the business continued under the same name and membership numb…

Amol Singh and another were convicted for the murder of Saraswati Bai under IPC s.302 r.w. s.34. The deceased gave two dying declarations, one recorded by an ASI and another by an Executive Magistrate, which differed on the motive and the manner of being doused with kerosene. The High Court held the variations insignif…

Five police officials were convicted for the murder of Arunbharathi, who died from burn injuries. The trial court relied on a dying declaration recorded by a Revenue Divisional Officer (RDO) four days before the victim's death, while discarding earlier statements to doctors where the victim claimed he set himself on fi…

The respondents alleged that their son committed suicide after ICICI Bank's recovery agents forcibly repossessed his motorcycle, causing humiliation. A writ petition was filed seeking police action against the bank. The Delhi High Court ordered police reports, found them unsatisfactory, and directed an expeditious inve…

M/s Karnataka Agro Chemicals manufactured "multi micronutrient" compounds, registered as fertilizers, and the Central Excise Commissioner alleged that the company misdeclared the products as containing nitrogen to attract classification under "other fertilizers" (CHS 3105.00) and evade duty. The Tribunal held that even…

The dispute concerned the alleged sale of 85,000 quintals of molasses from five state‑controlled sugar mills to Vardan Linkers at Rs.127 per quintal. The Assistant Cane Commissioner had issued an allotment letter permitting the lift, which was later stayed and cancelled by the Secretary (Sugar) after finding irregulari…

The Progressive Education Society appointed Rajendra as a teacher on a two‑year probation starting 9 August 1992. Before the probation period ended, the Society terminated his services on 1 August 1994, citing unsatisfactory performance and paid notice pay. Rajendra challenged the termination under the Maharashtra Empl…

L. Parameswaran, originally a casual artisan in the Electrical Division of Indian Railways, was promoted to ex‑cadre posts in the Mechanical side (Diesel Mechanic Grade II and later Grade I). The Railway Administration later adopted a policy to repatriate ex‑cadre employees to their parent cadre after four years, and c…

The Supreme Court examined the recruitment of ten District & Sessions Judges (Grade‑II) in Andhra Pradesh, where the High Court’s Administrative Committee had fixed a 75‑mark written exam and a 25‑mark interview, but the written test was actually conducted for 100 marks and the interview marks were added, creating a to…

The case concerned a group of platform mazdoor who had worked for the Assistant Salt Commissioner for periods ranging from ten to thirty years and claimed regularisation after completing more than 240 days of work per year. The department argued that the workers were engaged on daily wages on behalf of salt licencees u…

The Ghaziabad Development Authority (appellant) terminated Ashok Kumar (respondent), a daily‑wage Amin, on 1 May 1990. Kumar claimed the dismissal violated Section 6‑N of the Uttar Pradesh Industrial Disputes Act, 1947, which requires a workman who has worked at least 240 days in a year to be given one month’s notice o…

The dispute arose over the mutation of property left by Chartu, who had two sons and a daughter Nandi. After the deaths of the sons, the respondent claimed the land was joint coparcenary property and that Nandi and her children (the appellants) had no right, while the appellants sought to establish Nandi’s relationship…

The proprietor of Akash Traders filed a criminal complaint against the Managing Director of Britannia Industries Ltd, alleging criminal breach of trust under Section 406 IPC for demand drafts issued for undelivered goods. The company itself was not impleaded, and the appellant was initially discharged by the magistrate…

The respondent, Dattatray, claimed to belong to the Halba Scheduled Tribe and was appointed as an Assistant Professor in a post reserved for STs. Verification by authorities later established that his caste certificate was false, leading the Scrutiny Committee to invalidate his claim. The High Court, while acknowledgin…

Mahesh Chand, a workman, claimed that his termination in 1998 was illegal because he had continuously worked for more than 240 days in each calendar year from 1987 to 1998, invoking Section 25‑F of the Industrial Disputes Act, 1947. The employer, G.M., B.S.N.L. & Ors., contended that Chand was engaged on a purely tempo…

The case involved the murder of Jaspal Kaur, who died from severe burns after allegedly being set alight by her husband, father‑in‑law, mother‑in‑law and sister‑in‑law. Four dying declarations were recorded: an initial one to an ASI stating the fire was accidental, and three subsequent statements to a magistrate and an…

The case concerned Inam lands endowed to a deity in Karnataka where several persons applied for occupancy rights. The Land Tribunal initially granted occupancy rights to Gowdara Nanjappa and others, but the Appellate Tribunal set aside the grant to Matada Basaiah for 2 acres 26 guntas, holding that the landlord Subbara…

The father, an employee of State Bank of Patiala, died in service and his widow was appointed on compassionate grounds. When the daughter turned 18, she applied for family pension under the State Bank of India (Subsidiary Banks) Act, 1959 and the 1995 Pension Regulations. The bank rejected the claim, stating that the o…

The deceased Sri Pervakutty executed a will in 1975 bequeathing his property to his sons, while providing a monthly allowance and residence right to his wife. After Pervakutty's death, his son Sukumaran died in 1976 and the widow remarried in 1979. The widow filed a partition suit in 1985 claiming one‑third of the prop…

The appellant, B.K. Muniraju, sought cancellation of a sale deed and restoration of land that had been transferred to respondents 4 and 5, invoking the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. The Assistant Commissioner and the Deputy Commissioner held that t…

The Gaudiya Mission claimed that a will and codicil executed by its disciple, Kum. Uma Bose, in 1994 and 1996 respectively, vested her property in the Mission. After Uma's death, her sister Kum. Shobha Bose obtained a Letter of Administration and later filed a testamentary suit, which a Single Judge of the Allahabad Hi…

Hindustan Petroleum Corporation Ltd. (the appellant) had engaged Ashok Ranghba Ambre on a casual basis as a compounder/dresser from 1984. Ambre filed a writ petition in 1992 seeking to be declared a permanent employee with retrospective benefits. The corporation stopped employing him in 1996, leading to an industrial d…

The Supreme Court examined the conviction of appellant Pogula Komuriah, who was originally found guilty of murder under Section 302 read with Section 149 of the IPC. The Court considered the evidence, including the nature of the weapon (iron rod) and the delay in filing the complaint, and found that the facts did not s…

The appellants were convicted for murder, attempt to murder and criminal intimidation arising from a family feud that culminated in the fatal assault of Tanaji and grievous hurt to Dattatraya. The prosecution relied on the testimony of three eye‑witnesses (PW‑11, PW‑12 and PW‑13) and a complainant (PW‑9), with PW‑12 be…

The dispute concerned a joint ancestral property sold to L, who claimed to be the widow of R, while the respondents alleged she was merely a mistress. The trial court held that a presumption of a valid marriage existed because L and R had cohabited for decades and their children were married off by R. The first appella…

Khoday Distilleries Ltd issued a rights issue; twenty of its twenty‑seven shareholders did not subscribe and the unissued shares were allotted to seven existing investment‑company shareholders. The company also issued fully paid bonus shares in a 1:23 ratio. The Assessing Officer treated both the rights‑issue allotment…

The deceased, Alagu Ambalam, was cutting trees when his son (the accused) confronted him over a land dispute. A verbal altercation escalated into a sudden fight during which the accused snatched the deceased’s aruval (machete) and struck him on the neck and shoulder, causing death. The trial court convicted the accused…

The petitioners, City and Industrial Development Corporation (CIDCO), were directed by the Bombay High Court to acquire a 19‑acre tract of land claimed by the respondent, Dosu Aardeshir Bhiwandiwala, who alleged he was a trustee of the Bhiwandiwala Trust and that the land was private property. The High Court relied on …

An international car manufacturer entered into a joint venture with an Indian company that appointed Prem Nath Motors Ltd as its dealer. In response to advertisements, individuals applied for a Peugeot 309 car through Prem Nath Motors, paying a booking amount of Rs.25,000 in the name of the Indian principal. When the c…

A scooter insured under a statutory (Act) policy met with an accident, resulting in the death of the pillion rider, a gratuitous passenger. The legal heirs of the deceased filed a claim for compensation under Section 166 of the Motor Vehicles Act, 1988, against the insurer. The Additional Special Judge (MACT) held that…

The Vivekanand School challenged a tax demand made by the Zila Panchayat under Section 121 of the Uttar Pradesh and Uttaranchal (Kshetra Panchayat and Zila Panchayat) Adhiniyam, 1961, on the ground that the fees collected from students were being treated as taxable income. The school argued that it was not a commercial…

The Supreme Court examined two earlier orders (9 April 1987 and 29 October 1991) that directed the regularisation of ad‑hoc doctors and the preparation of separate seniority lists for them and for doctors recruited regularly through the UPSC. The petitioners (regularised doctors) claimed the Union of India was in conte…

The husband filed a suit for declaration of title and possession of a schedule property where his wife and children were residing. The trial court and the first appellate court decreed possession in favour of the husband. The wife appealed, asserting her right to reside in the matrimonial home and relying on a previous…

The respondent obtained a decree for possession of a suit property in 1990, which was later enforced through execution proceedings in 2004. The appellant, after the execution commenced, filed a suit for specific performance of an alleged oral agreement and sought an injunction to stay the eviction. The High Court set a…

The Ludhiana Improvement Trust (LIT) and the State of Punjab filed an appeal against the Chief Justice of the Punjab and Haryana High Court, who had, relying on the Konkan Railway decision, referred a dispute to an arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996. The dispute arose from allegat…

The case arose from a dispute over mango trees that escalated into a violent altercation on 1 June 1991, during which the accused brothers assaulted several persons, causing the death of the deceased Murugesan and injuries to three eye‑witnesses who were relatives of the deceased. The trial court convicted both accused…

The Municipal Corporation of Ratlam appealed against a High Court order that it could not levy property tax on a building and superstructure erected by the Krishi Upaj Mandi Samiti within a market yard located in the corporation's area. The dispute turned on the proviso to Section 9(3) of the Madhya Pradesh Krishi Upaj…

The appellant Mahindra Mulji Kerai Patel, aged 19, killed the grandmother of a girl and injured the girl's mother after they rejected his marriage proposal. He was initially convicted by the trial court under sections 324 and 452 of the IPC. The State appealed, and the Gujarat High Court substituted the conviction with…

The Commissioner of Central Excise, Bolpur (Revenue) appealed against the order of the Customs, Excise and Gold Control Appellate Tribunal in a dispute with Mis Ratan Melting & Wire Industries. The central issue was whether circulars issued by the Central Board of Excise and Customs could override a law declared by the…

The police raided Satrohan's house and seized 309 kg of poppy straws. He was convicted by the trial court under Sections 8(c) and 15 of the NDPS Act and sentenced to ten years' rigorous imprisonment. The Allahabad High Court acquitted him, holding that Sections 42(2) and 50 were not complied with and that his father's …

Raj Kumar, a bus driver, was convicted under IPC sections 279 (rash driving) and 304A (causing death by negligence) after a collision caused the deaths of two children. The trial court sentenced him to one year of rigorous imprisonment and a fine; the Sessions Court dismissed his appeal, and the High Court rejected his…

Shaikh Azim, residing next to the deceased Abdul Jabbar Qureshi, got into a heated verbal altercation with the deceased's family over alleged filth being thrown across the boundary. During the ensuing fight, Azim struck the deceased on the head with a stick, causing a fatal bleeding injury; the deceased died the next d…

Navraj Singh, a Patwari, was convicted under the Prevention of Corruption Act, 1988 (ss.7, 13(1)(d) r.w. s.13(2)) and sentenced to three years' rigorous imprisonment. He appealed the conviction and, after the appeal was admitted, applied under CrPC s.389(1) read with s.482 for suspension of the conviction. The Punjab a…

The plaintiff filed a suit for recovery of money based on a promissory note. The defendant contended that he had discharged the debt by making payments evidenced by receipts (Exhibits B‑1 to B‑12) issued to the plaintiff’s son, who was later examined as a witness and denied his signatures on those receipts. The defenda…

The accused were charged with offences under Sections 147, 148, 149 and 302 of the Indian Penal Code for stabbing the deceased to death. The Trial Court convicted them under Sections 148 and 302 IPC and imposed life imprisonment for murder. On appeal, the Andhra Pradesh High Court altered the conviction to Section 326 …

The appellant, Bharat Parikh, was charged in a special CBI case in 1996. After five years he sought production of certain documents, which were eventually produced in 2002, and then applied for reopening of the case and discharge. The Special Judge rejected the application, and the Bombay High Court dismissed his Secti…

In 1989 PUDA invited applications for higher‑income houses, requiring a Rs 4,000 earnest deposit and expressly stating that no interest would be paid on it. Unsuccessful applicants who did not request a refund of their deposit were later included in a second draw of lots in 1996, after which PUDA returned the deposits …

The appellants, landowners whose property was acquired under the Land Acquisition Act, 1894, claimed the amount deposited by the Collector could be appropriated at their discretion for interest, costs, solatium and principal. The Execution Court had allowed such appropriation, but the Haryana Urban Development Authorit…

The appellants, manufacturers of Zafrani Zarda, challenged the levy of market fee imposed by the State of Bihar under the Bihar Agricultural Produce Market Act, 1960. They argued that Zafrani Zarda, a manufactured form of tobacco, should not be subject to the fee or that the notifications authorising the levy were ultr…

The appellants purchased land from co‑tenure holders (the vendors) and sought entry of their names in the revenue records. The respondents objected, claiming the vendors' father (Faqir) had no right to the land and that his entry in the 1356 Fasli Khatauni was fictitious. The Consolidation Officer allowed the appellant…

The case concerned the construction of a 1985 Will of Hillol Kanti Guha, who bequeathed his dwelling house in equal shares to his brother Shyamalkanti Guha and sister Meena Bose, with a clause that the brother could occupy the premises absolutely after the sister's death. The sister filed a suit for partition seeking a…

The appellants and respondents, who were neighbours, disputed the status of an 80‑yard passage. The original suit for perpetual injunction ended in a compromise decree that allegedly granted the appellants exclusive rights over the passage, which was shown as a public road in municipal plans. The appellants later sued …

The Ghaziabad Development Authority (GOA) allotted a plot to Ved Prakash Aggarwal under its 1988 housing scheme, for which the respondent paid the full consideration. Years later GOA cancelled the allotment, claiming the respondent had failed in the lottery draw, and offered a refund. The respondent filed a complaint b…

Arjan Singh filed a suit for specific performance of a contract concerning a Chandigarh property and obtained an interim injunction that was extended up to 16 October 1996. A second suit was filed by Sanjeev Sharma against the same owner, Dr. Bawa, and the parties entered into a compromise on 19 February 2003, resultin…

The appellant, Rajkumar Gurwara (deceased) thr. LRs, filed a suit seeking a declaration of his exclusive right to mine a parcel of land. After the evidence was closed, the second defendant, M/s S.K. Sarwagi & Co. Pvt. Ltd., was impleaded, and the appellant then applied under Order VI Rule 17 of the CPC for amendment of…

Bhupendra was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drugs Offenders and Dangerous Persons Act, 1981, and filed a habeas corpus petition challenging the order on the ground that there was no live link between his activities and the date of detention.…

The plaintiffs, Tikka Ram and Sewa Ram, claimed to be tenants of a 40-kanal land for 12‑13 years and filed suits for pre‑emption against the vendor who had sold the land to the defendants. The trial court dismissed the suits; the first appellate court reversed the decision, but the High Court set aside that reversal an…

The Supreme Court examined whether internal circulars issued by the Department of Telecommunications (DOT) could alter the terms of lease contracts between Bharat Sanchar Nigam Ltd. (BSNL) and BPL Mobile Cellular Ltd. concerning inter‑connection links. The parties had entered into licence agreements that specified rent…

The petitioners, TDM Infrastructure Pvt. Ltd., sought appointment of a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, contending that the arbitration agreement was an international commercial arbitration because the company's central management and control were exercised in Malaysia. Th…

Sapna, a 12‑year‑old girl, was severely injured in a motor‑vehicle accident and left with permanent disability of her left leg. A claim petition under the Motor Vehicles Act, 1988 was filed; the Motor Accident Claims Tribunal awarded Rs 82,569 with 8% interest, which the Uttarakhand High Court enhanced to Rs 2,00,000 a…

The appellants challenged the levy of market fee on Zafrani Zarda, a chewing tobacco product, under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964. The issue was whether Zafrani Zarda qualifies as a "specified agricultural produce" and, if so, whether it is a "processed" form of tobacco (liable to fee) or a "ma…

The appellant, Rabindra Singh, who had been residing in the United States for over 25 years, was decreed ex‑parte in a partition suit filed by his brother without ever being served notice, despite the plaintiff’s knowledge of his correct address. He filed an application under Order IX Rule 13 read with Section 151 CPC …

The Supreme Court examined petitions filed by developers who had created plots in the Aravalli Range and sold them to non‑resident buyers, seeking relief from a 1992 notification under Sections 3, 4 and 5 of the Punjab Land Preservation Act, 1900 that prohibited certain activities for 30 years. The petitioners argued t…

The petitioners, accused in the 2001 Parliament attack, were originally convicted of several offences under POTA, the IPC and the Explosive Substances Act, with death sentences imposed. The Supreme Court partially set aside the convictions, substituting a conviction under IPC s.123 (concealment of design to wage war) w…

The dispute concerned the extent of land owned by the parties: 37 (actually 39.5) decimals, of which 33 decimals were sold to S.A. Hossain and 6.5 decimals remained with the heirs of Ujir Ali. The Supreme Court had earlier clarified that the heirs possessed 6.5 decimals and S.A. Hossain possessed 33 decimals, ordering …

The appellants, Hinsa Virodhak Sangh and associated butchers, challenged two resolutions of the Ahmedabad Municipal Corporation that ordered the closure of municipal slaughter houses for nine days during the Jain Paryushan festival, alleging violations of their fundamental rights to trade (Art. 19(1)(g)), equality (Art…

The appellants' land, originally earmarked for residential use in a draft development plan prepared by the Surat Urban Development Authority, was later reserved for South Gujarat University. After the university failed to acquire the land, the State Government re‑reserved the land for the same educational purpose, a re…

The Supreme Court examined a dispute arising from a criminal complaint filed by Sonalben against her husband and in‑laws for alleged offences under the IPC. The appellants were granted bail, left India without permission, and faced cancellation of bail, attachment of the mother‑in‑law's property under CrPC ss. 82 and 8…