Judgments of 2008

The Jammu & Kashmir Public Service Commission conducted the 2005 Combined Competitive Examination, but numerous candidates complained of spelling mistakes, printing errors and doubtful answers in the preliminary papers. The Commission, after consulting experts, deleted the erroneous questions and added their marks pro‑…

M. Balakrishna Reddy, a Central Government employee, was charged by the CBI under the Delhi Special Police Establishment Act, 1946 for alleged cheating in a UPSC exam held in Bhopal, Madhya Pradesh. He challenged the CBI's jurisdiction, arguing that the State of Madhya Pradesh had not given the consent required under S…

The respondent obtained an ex‑parte decree in a title suit (No. 140 of 1999) against several defendants. During the pendency of that suit, two of the defendants sold their shares to the appellant, Usha Sinha, by a registered deed. The decree‑holder filed an execution petition, and the appellant sought an injunction to …

The appellant, a Head Constable, was tasked with delivering an urgent wireless message to the Police Headquarters and was driving an official police mini‑truck. While en route he crossed a road divider, collided with an on‑coming scooter, resulting in one death and injuries to another. He was convicted under IPC sectio…

The appellant, Ramachandra Krishna Bhatta, claimed occupancy rights over agricultural lands owned by the Gopal Krishna Devaru Temple, asserting that he was a tenant under the Karnataka Land Reforms Act, 1961. The Land Tribunal granted him occupancy rights, but the Land Reforms Appellate Authority set aside the order, f…

The Association of Engineering Workers filed a complaint under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, alleging that Hindalco Industries treated its canteen staff as contract workers to avoid granting permanency and benefits. The Industri…

Chand Patel was married to Bismillah Begum, the sister of his first wife, while the first marriage was still subsisting. Bismillah Begum and her minor daughter sought maintenance under Section 125 of the Code of Criminal Procedure. The lower courts held that the marriage, though irregular, continued to subsist and orde…

The plaintiff entered into a 1964 agreement of sale with the vendor, paid half the price and sought specific performance after the vendor failed to appear for registration and later died. Subsequent consolidation altered the revenue survey (Khasra/Khewat) numbers of the land, leading the trial court to deny specific pe…

The appellant, a retired police constable, was accused in an FIR of demanding dowry from her daughter‑in‑law. She filed an application for anticipatory bail under Section 438 of the CrPC. The Punjab and Haryana High Court dismissed the application and, besides denying bail, ordered the seizure of her passport, the reco…

The appellant, a director of a private limited company, challenged an order of the Company Law Board (CLB) that, despite finding no oppression, directed him to purchase the managing director's shares to resolve a deadlock between the two directors/shareholders. The Supreme Court examined whether Sections 397, 398 and 4…

R. Suresh, a Development Officer of the Life Insurance Corporation of India (LIC), was dismissed after a departmental enquiry found him guilty of negligence, though he was cleared of breach of trust and forgery. He raised an industrial dispute before an Industrial Tribunal under s.11A of the Industrial Disputes Act, 19…

The appellant, Mohd. Kalam, was convicted under Section 395 IPC for robbing the house of Vishwas Jain and his wife on the night of 8‑9 May 1994. After his arrest on 27 March 1998, a test identification parade was held on 3 April 1998, where the complainant (PW‑3) identified the appellant. The appellant challenged the c…

The appellant entered into an agreement of sale for 14 acres with the second respondent but the sale deed was never executed, prompting the appellant to file a suit for specific performance (OS No.31 of 2000). The first respondent, the wife of the second respondent, obtained a maintenance decree and, after the second r…

The appellant, a widow of a peon who died in service of a charitable aided institution in 1996, applied for a compassionate appointment but was denied. She received family pension and retrial benefits, while the vacancy was filled by another employee in 1997. The High Court dismissed her writ petition, and she appealed…

The appellant, Commissioner of Central Excise, challenged the assessee M/s Kraftech Products Inc.'s claim of exemption from excise duty on hair‑dye packed in three 3‑gram sachets per packet (total 9 g). The assessee argued that, under Rule 34(b) of the Standards of Weights and Measures (Packaged Commodity) Rules, 1977,…

Som Lal was elected Sarpanch of a Gram Panchayat in 2003, but his election was challenged on the ground that he was a whole‑time salaried employee of the Haryana State Agricultural Marketing Board, which under Section 208(g) of the Punjab Panchayati Raj Act, 1994 (Act 9) would disqualify him. The appellant argued that …

The Kerala State Electricity Board (KSEB) installed a high‑voltage electricity line over the land of B. Sreekumari, allegedly reducing the market value of her property. The trial court enhanced the compensation awarded to her, and KSEB filed a civil revision petition before the Kerala High Court. The High Court dismiss…

Rama Devi executed a deed on 15 May 1974 purportedly as a conditional mortgage for a loan of Rs.13,000, stipulating reconveyance of the land if repaid within five years. She sought reconveyance within the period, but the respondent refused; later, under local pressure, he returned possession in 1984 without executing a…

The respondent, employed as a baildar by the Municipal Corporation of Faridabad, suffered an accident in August 1992 and was unable to work, subsequently filing a claim petition. The employer contended that the respondent had worked only 179 days, not the 240 days required for entitlement to back wages, but the Labour …

The trial court convicted five accused of offences under Sections 148, 323, 324, 325 and 326 read with Section 149 of the IPC and sentenced them to imprisonment and fines. On appeal, the High Court reduced some sentences, enhanced the fine and ordered the accused to be released on probation under Section 360 of the CrP…

The petitioners, who were engaged on a daily‑wage basis at the Rajasthan Krishi Vishva Vidyalaya research centre, were terminated when work ceased and sought regularisation as Class IV employees with regular pay, also challenging sections 7, 9, 11 and 19 of the Rajasthan Regulation of Appointments to Public Service and…

The appeals concerned whether a High Court could condone a delay in filing a reference application under Section 35‑H of the Central Excise Act, 1944. The reference applications were filed after the statutory period of 180 days. The Court examined the provisions of Sections 35‑G, 35‑E(3) and the lack of any condonation…

The appellant, S. Anand, was prosecuted under Section 138 of the Negotiable Instruments Act based on a complaint by Vasumathi Chandrasekar. The Metropolitan Magistrate acquitted him under Section 256(1) of the CrPC, citing the complainant's continuous absence and lack of representation. The High Court set aside the acq…

Bipul Gogoi, employed as a driver, disappeared on 9 October 1996 and was later declared a proclaimed offender for absconding with the vehicle. His parents claimed compensation under the Workmen Compensation Act, 1923, asserting his death in the course of employment. The Commissioner and the High Court awarded compensat…

The respondents were appointed on an ad‑hoc basis as Technical Assistants in the Frozen Semen Bank Project of the Bihar Animal Husbandry Department in 1992 and were terminated in 1997 after the Fodder Scam. They filed writ petitions challenging their termination, which were dismissed by the High Court, and later sought…

Bharat Heavy Electricals Ltd. (BHEL), a public sector undertaking, received a notice under Section 45A of the Employees' State Insurance Act, 1948 for non‑payment of ESI contributions for the period 1981‑1991. BHEL argued that the workers were employed by contractors and therefore sought to implead those contractors as…

The Madras Port Trust Employees (Appointment, Promotion etc.) Regulations, 2000 required a civil engineering degree for appointment as Executive Engineer, thereby excluding diploma holders from promotion. Diploma engineers, relying on Central Government recommendations for a 4:1 promotion ratio, sought judicial relief.…

The Supreme Court examined an appeal by Oriental Insurance Company Ltd. against a compensation award to the heirs of Devjibhai Rathod, an ONGC assistant who died in a 1994 bus accident. The lower tribunals had calculated loss of dependency by incorporating ONGC's pay revisions that took effect from 1997, thereby inflat…

The Tamil Nadu Electricity Board (TNEB) had inserted Note 3 in its 1967 Service Regulations, stating that candidates holding National Trade Certificate/National Apprenticeship Certificate (NTC/NAC) recruited as Helpers could not be considered for internal promotion to Junior Assistant or Typist posts. The TNEB Thozhila…

A dispute over panchayat elections led Arumugam (A‑1), Shanmugavel (A‑2) and Subbiah (A‑3) to attack their brother Vairamuthu with a spike, an aruval and a stick, causing his death. The trial court convicted A‑1 under s.302 IPC and the High Court upheld the conviction. On appeal, the accused argued that the testimony o…

The appellant, Sidhapal Kamala Yadav, a prisoner, was convicted of murdering co‑prisoner Dilip Sitaram Chaudhary in a hospital ward. He pleaded the defence of unsoundness of mind under Section 84 of the Indian Penal Code, claiming he was incapable of knowing the nature of his act. Two psychiatrists who examined him tes…

The appellants Bur Singh and others were convicted for murder under Section 302 read with Section 34 of the IPC for the killing of Surjan Singh. The prosecution relied on the testimony of two eye‑witnesses who were relatives of the deceased. The appellants argued that the witnesses were interested and that the doctrine…

The accused (respondents 2 and 3) were tried for offences under Sections 147, 452, 364, 302/149 and 201/149 of the IPC. Two prosecution witnesses, PW‑3 (Bhopalaram) and PW‑5 (Nandaram), had been examined and cross‑examined in the trial court and later again as witnesses before a Juvenile Court, where they gave statemen…

Ram Singh and an accomplice were convicted of murder, house‑trespass and intimidation under Sections 302, 452 and 504 of the IPC after the deceased’s wife and son testified that the accused stabbed the victim inside his house. The appellants challenged the conviction on the ground that the eyewitnesses were close relat…

Dharam Singh filed a suit seeking a declaration of ownership of a property and restraining the defendants from transferring it. The trial court and the first appellate court decreed in his favour, but the High Court, on a second appeal filed by the defendants under Section 100 of the Code of Civil Procedure, set aside …

The Revenue appealed against the Bombay High Court's order upholding the Income Tax Appellate Tribunal's view that interest earned by Ratnakar Bank Ltd. on government securities was not chargeable to tax under Section 2(7) of the Interest Tax Act, 1974. The Supreme Court examined whether such interest falls within the …

The Revenue appealed against the Bombay High Court’s order upholding the Tribunal’s view that interest earned by ICICI Bank on government securities was not taxable under section 2(7) of the Interest Tax Act, 1974. The Supreme Court examined whether the interest in question fell within the definition of "interest charg…

The Commissioner of Income Tax appealed against the Bombay High Court's order upholding the Tribunal's view that interest earned by the Industrial Development Bank of India Ltd. on government securities was not assessable under Section 2(7) of the Interest Tax Act, 1974. The Supreme Court examined whether the interest …

The Supreme Court examined an appeal by the Commissioner of Income Tax challenging the High Court's affirmation that interest earned by City Union Bank on government securities was not assessable under section 2(7) of the Interest Tax Act, 1974. The Tribunal and the High Court had held the interest non‑taxable, relying…

Tarsem Singh, invalidated from the Indian Army in 1983, sought disability pension. A single High Court judge in 2000 granted the pension and limited arrears to 38 months before the writ filing. Unsatisfied, Singh appealed, and the High Court Division Bench in 2006 ordered payment of arrears from 1983 (16 years) with 6%…

The appellant, M/s Green Earth Asphalt & Power P. Ltd., filed a criminal complaint under Section 141 of the Negotiable Instruments Act alleging offences by the firm and its partners. The High Court, invoking Section 482 of the Code of Criminal Procedure, quashed the entire criminal proceeding, reasoning that the compla…

DCM Financial Services Ltd., a creditor of Pure Drinks Ltd., filed a winding‑up petition under the Companies Act, 1956, which initially restrained the debtor from alienating its assets. During the pendency, the debtor sold property in other proceedings and the purchaser agreed to pay Rs 1.95 crore to DCM, which was rep…

The case involved a temporary forest guard, Kharak Singh, who was charged with illegal felling of trees and dismissed after a departmental enquiry. The enquiry officer, who had inspected the forest himself, acted as investigator, prosecutor and judge, and recommended dismissal without allowing the employee to examine w…

The Supreme Court examined an appeal by Malwa Cotton & Spinning Mills Ltd. against the Punjab and Haryana High Court’s order quashing criminal proceedings under Section 138 of the Negotiable Instruments Act against its former director, Virsa Singh Sidhu. The director claimed to have resigned before the disputed cheques…

The appellant, Sandur Micro Circuits Ltd., challenged a decision of the Customs, Excise and Service Tax Appellate Tribunal which held that Circular No. 42 of 1997 issued by the Central Board of Excise and Customs conflicted with Notification No. 2/95‑CE (and its amendments) issued under Section 5A(1) of the Central Exc…

The case concerned a petition filed by Gajendra Haldea before the Central Electricity Regulatory Commission (CERC) under Section 52 read with Section 79(1)(g) of the Electricity Act, 2003, seeking that Grid Corporation of Orissa Ltd (GRIDCO) adhere to a 4 paise per unit trading margin prescribed by CERC. CERC dismissed…

On 15 March 1983, a group of armed men entered the house of the informant Yusuf Ali Khan, injured him, his father and brother, and looted household property, constituting a dacoity. The trial court convicted five appellants under Section 396 IPC, later altered by the High Court to Section 395 IPC with a reduced sentenc…

Five persons were tried for murder under Section 302 read with Section 34 of the IPC. The trial court acquitted all, finding the prosecution’s case unproved. The State appealed under Section 378(1) and (3) of the CrPC. The Andhra Pradesh High Court upheld the acquittal of four accused but convicted the appellant, Syed …

The case arose from an FIR lodged by the mother of a six‑year‑old girl alleging that the appellant had taken the child to a secluded place and raped her on 25 November 1997. The trial court and the Patna High Court convicted the appellant under Section 376 read with Section 511 of the IPC and sentenced him to ten years…

Shankar Prasad Ghosh was convicted under several provisions of the IPC and the Prevention of Corruption Act, and his conviction was upheld by the High Court with altered sentences. He filed a special leave appeal before the Supreme Court, but died while the appeal was pending. Five years after his death, his relatives …

The appellant Hemchand Jha and two co‑accused approached a jeep at a petrol pump; Kripal Singh fired a pistol, killing Krishna Singh. Hemchand Jha was driving the motorcycle and was present at the scene but did not fire the weapon. He was convicted under Section 302 read with Section 34 of the IPC. On appeal, he conten…

Habib Ibrahim, a Pakistani national, was arrested for residing in India without a valid document. He possessed only a six‑month transit visa for Nepal and was found with a Pakistani passport but no permission to stay in India. He was charged under Section 3 read with Section 14 of the Foreigners Act, 1946, convicted by…

The appellant, Nehru @ Jawahar, was convicted under Section 376 of the Indian Penal Code for raping a girl who initially claimed to be 14 years old, later found to be about 16. The appellant argued that the prosecution case was inconsistent because the medical examination was recorded at 9:15 AM while the FIR was lodge…

A dispute over a road between two villages escalated into violence, during which the accused A‑1 stabbed a villager (D‑1) who later died. The accused claimed he acted in private defence. The trial court convicted him under Section 302 IPC (murder) with life imprisonment; the High Court upheld this conviction. On appeal…

The complainants, exporters of rugs, insured multiple consignments shipped from India to the United States under "warehouse‑to‑warehouse" marine policies covering all risks. The buyer failed to pay and the original documents of title were not presented, leading the exporters to claim loss of the consignments before the…

The appellant, a citizen of Mauritius, was served with a summons after a complaint by her daughter‑in‑law alleging physical and mental torture, allegedly committed in Kuwait. All parties were residents of Kuwait and were in India on visitor visas when the complaint was filed. The Chief Judicial Magistrate took cognizan…

The appellant Narayanamurthy was convicted by the Karnataka High Court under Sections 498A and 3048 of the IPC for the alleged dowry death of his wife Jagadeshwari. The prosecution alleged that the accused and his parents harassed the deceased for not providing dowry and that she committed suicide by self‑immolation. T…

The appellant, a father, was convicted under Section 376 of the Indian Penal Code for raping his minor daughter, with the prosecution relying on three eyewitnesses, medical examination reports, and age verification by X‑ray. The trial court sentenced him to life imprisonment and a fine, a sentence affirmed by the High …

Oil and Natural Gas Corporation (ONGC) entered into a drilling contract with Atwood Oceanic International containing clauses on tax liability and changes in law. The Government of India issued a 1983 notification extending the Income Tax Act to offshore areas, causing Atwood to pay tax on its expatriate employees for a…

The appellant was convicted in a murder case and sought, through a petition under Section 482 of the CrPC, to have the investigation transferred to the Central Bureau of Investigation for a fresh probe. The Madras High Court ordered the case to be re‑investigated afresh by the CBI. The appellant challenged this directi…

The appellant, a bus driver, was prosecuted for causing the death of a seven‑year‑old child by allegedly driving rashly and negligently, offences punishable under Sections 279 and 304A of the Indian Penal Code. The trial court convicted him and sentenced him to one year’s simple imprisonment with a fine for 304A and on…

The appellants were convicted under Sections 325 and 323 read with Section 34 of the IPC for allegedly assaulting two passengers with lethal weapons. On appeal, the Supreme Court examined the credibility of the prosecution's key witnesses, noting that the star witness (PW5) was declared hostile and gave inconsistent st…

The case concerned the tenure of members of the Sikh Judicial Commission under the Sikh Gurdwaras Act, 1925, and the validity of several notifications issued by the Punjab Government and the Central Government. The appellant, Kashmir Singh, challenged the removal of commission members and the re‑constitution notificati…

The case arose from a motor accident in which a goods vehicle, insured by National Insurance Co. Ltd., struck and killed Kishan Lal, a vegetable dealer who was travelling in the truck to collect empty boxes. The claimant, Kaushalya Devi, sought compensation under Section 166 of the Motor Vehicles Act, 1988. The Tribuna…

The respondents, owners of insured goods, claimed insurance reimbursement after a burglary, which the insurer denied. The dispute was taken to the Permanent Lok Adalat (PLA) under the Legal Services Authorities Act, 1987, despite a pending criminal case for the alleged non‑compoundable offence of burglary. The PLA held…

The appellant, Rajesh Kumar, was injured in a motor vehicle accident in August 2001 and claimed a 60% total disability under Section 166 of the Motor Vehicles Act, 1988, relying on a civil surgeon's certificate dated November 2003. The Motor Accident Claims Tribunal and the Delhi High Court both assessed his disability…

The appellant, a 76‑year‑old widow, sought to retain a shop that had been occupied by her deceased husband for over 50 years, claiming she needed it for her livelihood. The respondent, a retired army officer drawing a modest pension, applied to the Chief Judicial Magistrate for release of the same shop under Section 21…

The Supreme Court examined SEBI’s action against the promoters of Ritesh Polyster Ltd., whose 1995 public issue was found to be a fraudulent hoax. SEBI directed the promoters – including the father, his wife and two sons who were minors at the time – to disassociate from the capital market for ten years under Sections …

The respondents were convicted under Section 61(1) of the Punjab Excise Act, 1914 for illegally transporting 2,000 litres of rectified spirit and were sentenced by the trial court to one year imprisonment. The High Court, noting that the offence occurred 19 years earlier, reduced the sentence by granting probation unde…

The case concerned the inter‑se seniority of lecturers of Kumaon University after their ad‑hoc appointments were regularised under the Uttar Pradesh Regularisation Rules, 1979. The first respondent, Madan Mohan Joshi, was placed lower in the seniority list than a junior colleague, Savita (Mohan) Dhondyal, prompting a w…

DCM Financial Services Ltd. filed a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque issued by International Agro Allied Products Ltd. was dishonoured. The complaint named J.N. Sareen, a former director of the company, as an accused but did not allege that he was the signatory or tha…

The appellant obtained possession of a house under a registered deed of mortgage dated 28‑02‑1983 for a term of seven years. After the term expired, the mortgagor (respondent) served notice for redemption and filed a suit. The appellant contended that a later unregistered agreement had converted his possession into a t…

The appellants filed a suit for title and possession of land in 1997. The respondent filed a written statement and, in 2006, sought to amend it to include a counter‑claim alleging a right to the same land, claiming the cause of action arose in 1998 after the written statement was filed. The trial court and the High Cou…

The Gujarat Urja Vikas Nigam Ltd (GUVNL) filed an appeal against a Gujarat High Court order that appointed a retired Chief Justice as arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 to resolve a power‑purchase dispute with Essar Power Ltd. GUVNL contended that after the Electricity Act, 2003 c…

The Karnataka State Financial Corporation (KSFC) had granted a loan to an industrial concern and obtained personal guarantees and hypothecated properties from its directors. When the industrial concern defaulted, KSFC invoked Section 29 of the State Financial Corporations Act, 1951 to take possession of the guarantors'…

The appellant, Dinesh Borthakur, was convicted by the trial court and the High Court for the murder of his wife Mala Borthakur and adopted daughter Munni under Section 302 IPC, based largely on circumstantial evidence such as a sniffer dog’s proximity to him, the presence of a pesticide bottle, and his alleged lack of …

The Supreme Court examined the High Court's order granting bail to a convicted murderer (respondent No.2) under Section 389 of the Code of Criminal Procedure while his appeal was pending. The conviction was based on three eye‑witnesses and the trial court had held that the injuries could have been caused by iron rods. …

Surinder Singh Rathore, a Signal Man in the Indian Army, was discharged in 1993 with a 30% disability due to maculopathy of the eye. The Release Medical Board concluded that his disability was neither attributable to nor aggravated by military service, and consequently his claim for a disability pension was rejected. T…

Mis Synco Industries Ltd., a company with oil and chemical divisions, earned profits in 1990‑91 and 1991‑92 but had earlier losses in its oil division. It claimed deductions under Sections 80HH, 80I and 80‑1 of the Income‑Tax Act, arguing that each unit should be treated separately and that the earlier oil losses shoul…

The Drugs Inspector collected a sample of Enalapril Maleate tablets manufactured by M/s. Medicamen Biotech Ltd., divided it into four parts and sent one part to the Government Analyst, whose report declared the drug sub‑standard. The appellant disputed the report, sent two written notices within 28 days expressing inte…

The Karnataka Industrial Area Development Board (KIADB) initially notified acquisition of land for a trumpet interchange and access road to Bangalore Airport under the Karnataka Industrial Area Development Board Act, 1966. Later, the Karnataka State Industrial Investment and Development Corporation proposed a change in…

The appellant, a Commandant of the 48 BRTF (GREF), was alleged to have committed offences under IPC sections 166 and 167 between 5 January 1989 and 11 February 1992. A complaint petition was filed only in November 2000, based on a 1996 report, and the Judicial Magistrate took cognizance on 7 November 2000. The appellan…

Hem Chand, Executive Director (Vigilance) of a government company, was charged under the Prevention of Corruption Act, 1988 for possessing assets beyond his known income. He filed an application for discharge, relying on an Income Tax assessment order and his asset declaration, and submitted these documents to the Spec…

The respondent, who owned a plot of land in Kolhapur, executed a deed titled "Conditional Sale Deed" with the appellant on 7 October 1969, agreeing to transfer possession for Rs.500 for a period of five years, with a clause that repayment of the amount would require the appellant to reconvey the property. The appellant…

The appellants were convicted under Section 304(II) of the Indian Penal Code for murder, based largely on the testimony of witnesses who were relatives of the deceased (PWs 1, 2 and 5). They appealed, arguing that the evidence of these related witnesses should be excluded as biased. The Supreme Court held that a witnes…

The Supreme Court heard an appeal under Section 10 of the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992, filed by the Custodian on behalf of a notified party seeking recovery of money from Mis Neeldeep Investments Ltd. The Special Court had originally decreed a liability of Rs.1,42…

B. Vishwanath was convicted by a trial court for offences under Sections 307, 427 and 448 of the Indian Penal Code for assaulting his sister‑in‑law and mother with a sickle. He appealed to the Karnataka High Court, which on 1 July 2006 disposed of the appeal without indicating whether it was allowed or dismissed, merel…

The U.P. Pollution Control Board granted conditional consent to Modi Carpets Ltd. to discharge trade effluent, but the company discharged untreated effluent in violation of the consent. The Board filed a complaint under Section 44 of the Water (Prevention and Control of Pollution) Act, 1974 against the company and its …

Vaman Narain Ghiya, accused of smuggling antiques, was charged under IPC sections 413, 457, 380 and 411. He argued that he should be released on bail under Section 439 of the Code of Criminal Procedure, 1973, relying on the fact that he had obtained bail in six of ten cases, had been in custody for over two and a half …

Tarsem Singh was convicted under Section 3048 of the IPC for the death of his wife Amriko, alleged to have been caused by dowry‑related cruelty. The prosecution alleged harassment for insufficient dowry and childlessness, but the FIR and evidence did not show any demand for dowry made "soon before" her death. The Supre…

The appellant Rangaiah was charged with murder and causing hurt after a quarrel in his village resulted in the death of Maruchhaiah. The trial court acquitted him, finding material discrepancies in the prosecution's evidence, including inconsistencies between the dying declaration and witness testimonies, and noting th…

The case involved two cross‑FIRs arising from a violent clash in Simultand village where the deceased Nagender Nath Das was killed and several others injured. The complainant alleged that the accused assaulted him and his relatives, while the accused claimed they acted in self‑defence against the deceased’s alleged att…

The respondent, a peon employed since 1974, was dismissed in 1984 for multiple instances of misconduct including unauthorized absences, late attendance, leaving the premises without permission, and falsifying the muster roll. He sought reinstatement with continuity of service and full back wages before the Labour Court…

The dispute arose from a family arrangement and partnership deed concerning a cinema hall, where the appellant sought execution of an ex‑parte arbitral award dated 25 August 1999. The respondent contested the award, claiming he never received it and filed a Section 34 application beyond the 90‑day limit. The executing …

The incident occurred on 15 August 1979 when Om Prakash and six others, armed with firearms, entered the house of Mewa Ram during a Janamashtami puja and fired shots, resulting in the death of Ram Rakshpal. The trial court convicted all seven accused of murder, but the Allahabad High Court upheld conviction only of Om …

The appeal concerned the territorial jurisdiction of a criminal court to try an offence under Section 138 of the Negotiable Instruments Act, 1881. The complainant, National Panasonic India Ltd., filed a complaint in Delhi alleging that a cheque drawn and presented in Chandigarh was dishonoured and that a notice was ser…

The plaintiffs filed a suit for specific performance of a sale agreement and filed a written statement in April 2004. After issues were framed and affidavits were filed as evidence, the defendants sought to amend their written statement in November 2006. The trial court dismissed the amendment, holding it introduced a …

Ram Devi, a 75‑year‑old widow, executed a will on 30‑March‑1962 in favour of Shamsher Singh, an agnate five degrees removed, disinheriting her two surviving daughters. After her death in 1990, Shamsher Singh sued the daughters (appellants) to set aside a mutation order in their favour, claiming he had looked after the …

The appellant Mahavir Singh was appointed Lambardar of Village Thurana by the District Collector under the Punjab Land Revenue Rules, which consider factors such as hereditary claim, land ownership, service to the State, character and age. Respondent No.1, Khiali Ram, challenged the appointment before the Punjab and Ha…

The Bihar State Financial Corporation (BSFC) granted a loan to Mis. Chhotanagpur Minerals, which mortgaged lease‑hold rights over a factory site. After the borrower defaulted, BSFC invoked Sections 29 and 30 of the State Financial Corporations Act, 1951 and sold the factory premises to a third party, also removing othe…

The appellants, B.P. Moideen Sevamandir & Anr, challenged the dismissal of their second appeal by the Kerala High Court after a Lok Adalat failed to secure a settlement. The High Court had refused an adjournment request and dismissed the appeal, citing the appellants' alleged cantankerous behaviour before the Lok Adala…

The Supreme Court examined a writ petition under Article 32 challenging a preventive detention order issued against Deepak Bajaj under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The petition was filed before the order was executed, raising the issue of maintainability of pre‑…

The State of Uttar Pradesh prosecuted Ilyas and a co-accused for robbery committed with a country-made pistol and knife, during which injuries were inflicted on victims. The trial court, relying on three eye‑witnesses and a test identification parade, convicted both under Section 397 of the Indian Penal Code (IPC) and …

The appellant, who kept the deceased as his mistress, allegedly poured kerosene on her and set her alight, causing fatal burns. The prosecution relied on three dying declarations recorded by the deceased’s mother, a Mandal Revenue Officer and a Sub‑Inspector of Police, all of which consistently identified the appellant…

The State of Tamil Nadu detained Abdullah Kadher Batcha under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 11 August 1999. The detenu filed a representation on 4 September 1999 requesting copies of documents that formed the basis of his detention, including…

The appellant, S. Raghu Ramaiah, a Junior Assistant in the Commissioner’s Endowments Office, was convicted under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 for receiving illegal gratification. He appealed the conviction before the Andhra Pradesh High Court (Criminal Appeal No. 1922 of 1999…

The appellants and a co‑accused were charged with offences including murder (s.302 IPC) arising from a violent dispute in which the deceased was attacked with lathis. The accused claimed they acted in private defence, asserting that the victim and his brother had assaulted them first. The Supreme Court examined the sta…

MIS. India Cine Agencies appealed against the Commissioner of Income Tax, Madras, contending that the conversion of jumbo rolls of photographic film into smaller rolls constituted manufacture/production under Sections 32AB, 80HH and 80I of the Income Tax Act, 1961, and therefore qualified for a permissible deduction. T…

The Supreme Court examined Andhra Pradesh's scheme of compassionate appointments for dependents of government servants who retire on medical invalidation. The petitioners argued that the scheme was unconstitutional under Article 16 and that the five‑year "left‑over service" period should be counted from the date of app…

The Official Liquidator of Hindustan Nitro Product (Gujarat) Ltd. auctioned the company's assets after wide newspaper publicity, accepting the highest bid of Rs.3.51 crores from Valji Khimji & Co. and confirming the sale on 30 July 2003. Subsequent higher offers were made by two other companies more than a year later, …

The appellants Aizaz and others were convicted for murder and attempt to murder of Ismail under Sections 302 and 307 read with Section 34 of the Indian Penal Code. The trial court’s conviction was affirmed by the High Court, which acquitted one accused (A-4). On appeal, the Supreme Court examined whether Section 34 app…

The appellant, Vasudev, filed a criminal miscellaneous application under Section 91 of the CrPC alleging that the father of respondents forged the mother’s signature to withdraw money from her bank account, leading to FIR No.61 dated 13‑03‑2002. The trial court disposed of the application with directions, and a subsequ…

The State of NCT of Delhi filed a criminal revision petition against the discharge of Ahmed Jaan, who was charged with offences under Sections 121, 121A, 122, 124A and 120B of the IPC for alleged terrorist activities. The trial court discharged him for lack of prima facie evidence. The State’s revision petition and an …

The Supreme Court examined an appeal by three officers who had participated in a raid on a electricity theft case, challenging the dismissal of their petition under Section 482 of the CrPC. After the raid, the accused filed a complaint alleging that the officers demanded illegal gratification, but the complaint lacked …

The respondents, Jagdev Singh and others, filed a suit seeking promotion as Assistant Engineer (Electrical) after their juniors were promoted on 23 May 1991, claiming they had qualified earlier. The trial court dismissed the suit, but the First Appellate Court held the respondents were entitled to promotion from the da…

Dev Dutt, an Executive Engineer in the Border Roads Engineering Service, was eligible for promotion to Superintending Engineer after completing five years on his grade. The promotion guidelines required a "very good" entry in the Annual Confidential Report (ACR) for the last five years, but Dutt had a "good" entry for …

The case arose from a fatal road accident on 1 September 2004 in which a bus collided with a motorcycle, killing five occupants. The claimants filed a petition before the Motor Accident Claim Tribunal, which awarded Rs.3,50,100 in compensation with interest at 6% per annum. The Uttarakhand High Court enhanced the compe…

M/s. Seema Silk & Sarees, a partnership firm, and its partner were penalised under Sections 18(2) and 18(3) of the Foreign Exchange Regulation Act, 1973 for failing to repatriate export proceeds within the prescribed period. They challenged the constitutional validity of these provisions, arguing that the reverse burde…

The appellant, Rahim Bux, was convicted under Section 302 IPC for murdering his brother-in-law while chasing his brother-in-law with a sword after a quarrel. The appellant argued that he only intended to injure the brother-in-law and that the death of the brother was accidental, seeking to have the conviction altered t…

Manu Sharma was acquitted by the trial court of murder (IPC 302 r/w 201, 120B) and an Arms Act offence, but the Delhi High Court set aside the acquittal, convicted him and sentenced him to life imprisonment. While his appeal against the conviction was pending before the Supreme Court, he filed an application under Sect…

The Dadu Dayalu Mahasabha, a registered public trust, and Mahant Ram Niwas were involved in a long series of suits concerning the entitlement and management of a religious Gaddi. The Supreme Court, in the first round of litigation, held that the respondent was not entitled to the Gaddi and granted him liberty to file a…

Mausami Moitra Ganguli and Jayant Ganguli were married in 1996 and had a son in 1998. The mother left the matrimonial home in 2001 due to alleged domestic violence, leaving the three‑year‑old child with the father. After a divorce decree in 2002, the mother filed a petition under Sections 10 and 25 of the Guardians and…

The Uttar Pradesh government acquired land for a "Transport Nagar" project to alleviate traffic congestion in the National Capital Region. Under the Land Acquisition Act, 1894, it invoked Section 17(4) read with Section 5-A, dispensing with the requirement that affected persons file objections under Section 5-A. M/s Sh…

Employees of a college filed a writ petition in the Allahabad High Court seeking regularisation of their services, which was partially granted. The order was not complied with, leading the employees to file a contempt petition under Sections 12 and 14 of the Contempt of Courts Act, 1971. After the Uttar Pradesh Reorgan…

MIS. K.B. Saha & Sons Pvt. Ltd. (landlord) leased a flat to MIS. Development Consultant Ltd. (tenant) for the residential use of a named officer, Mr. Keshab Das, under a memorandum dated 30‑03‑1976. After Mr. Das vacated, the tenant sought to allot the premises to another employee, prompting the landlord to file suits …

The Union of India challenged a Delhi High Court decision that had upheld Ranbaxy Laboratories' claim of exemption from the Drugs (Price Control) Order, 1995 for its bulk drug Pentazocine. The exemption was granted by a government notification dated 29 August 1995 and was said to expire on 31 October 1999. The issue wa…

The case concerned a claim for compensation under the Motor Vehicles Act, 1988 arising from an accident involving an auto‑rickshaw that was insured as a goods‑carrying public carrier. The insurer, New Indian Assurance Co., argued that it should not be liable because the driver, Salim Amadbhai, held only a licence for a…

Bajaj Auto Ltd. challenged a Notice of Enquiry issued by the Monopolies and Restrictive Trade Practices (MRTP) Commission alleging that its dealer agreements involved restrictive trade practices under Section 33 of the MRTP Act. The appellant argued that the alleged clauses—territorial appointment, sales targets, and p…

The State of Madhya Pradesh filed a revision application before the High Court under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, but the application was 80 days late. The issue was whether Section 5 of the Limitation Act, 1963, which allows condonation of delay, applies to such revision appl…

The appellant, R.K. Shukla, obtained an allotment of a premises after the Rent Control & Eviction Officer (RC&EO) declared it vacant, despite the landlord Sudhrist Narain Anand (deceased) asserting physical occupation. The landlord challenged the allotment and the vacancy declaration in a writ petition before the Allah…

The Manipal Academy of Higher Education challenged the inclusion of amounts received on encashment of earned leave as part of "basic wage" under Section 2(b) of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, which would obligate the employer to make pro‑rata EPF contributions. The Regional Provid…

The petitioners, the son of a deceased college professor who was killed in a brutal assault, sought transfer of the criminal trial from Ujjain to another state, alleging witness intimidation, coercion, and bias by the investigating officer and public prosecutor. Several eye‑witnesses and three police witnesses had turn…

Sunil Kumar Singh Negi, a daily‑wage worker of the Uttarakhand Horticulture Department, was ordered by the Labour Court in 2001 to be reinstated and to receive back wages of Rs 6,000. The Department sent a letter asking him to join work at the Fruit Preservation Centre, Pauri, but he did not report and instead filed a …

Orient Traders, a dealer in silver bullion, challenged a reassessment that imposed a 2% sales tax for the year 1994-95, arguing that Government Orders (G.O.) No. 1092 (1994) and No. 252 (1995) which reduced the rate to 1.5% and 0.5% respectively, applied to both gold and silver bullion and specie. The State argued that…

The assessee, Kerala Road Lines, entered into an agreement to purchase land with buildings, demolished the structures and sold the scrap as business income. Because the purchase price was delayed, the assessee paid Rs 4 lakh interest under the contract and claimed it as a revenue expenditure under s.37(1) of the Income…

The Uttar Pradesh Government issued a circular on 11 August 1997, under the Basic Education (Teachers) Service Rules, 1981, stipulating that only candidates trained in state government institutes and holding a Basic Teacher Certificate (BTC) or its equivalents could be appointed as Assistant Teachers in primary schools…

The State of U.P. appealed the Allahabad High Court's acquittal of four accused who had been convicted by the trial court for murder (IPC s.302) and voluntarily causing hurt (IPC s.324) read with common intention (IPC s.34). The High Court had set aside the convictions, citing discrepancies in witness statements and th…

The appellants contended that a false affidavit filed with a protest petition, after the informant's death, rendered the magistrate's order invalid. The Sessions Judge had held that the magistrate could not have proceeded, but the High Court reversed, finding that the magistrate's order was based on the police report f…

The appellants, Jagadeesh and others, claimed tenancy and occupancy rights over a scheduled agricultural land and filed Form‑7 before the Karnataka Land Tribunal. The Tribunal and the Appellate Authority granted occupancy rights, but the High Court, exercising revisional jurisdiction under Section 121A of the Karnataka…

The plaintiffs‑respondents filed a suit seeking a declaration of ownership of a specific property and a perpetual injunction. The trial court dismissed the suit and the decision was upheld on appeal. The High Court, however, in a second appeal, reversed the lower courts and decreed in favour of the plaintiffs‑responden…

The appellant, Balu (Bakthavatchalu), was convicted of murder under IPC 302 for an incident that occurred on 20 April 1998. The trial court recorded his age as 18 and rejected his application to be sent to a Borstal School. On appeal, the Supreme Court was asked to determine whether he was a juvenile at the time of the…

The appellants Badshah and others were accused of kidnapping Suraj Pal Singh on 23 May 1980, armed and stating they would kill him. The victim was never seen again, and the prosecution relied on eyewitness testimony that the accused had expressed intent to murder. The trial court convicted them under Section 364 of the…

The appellant, Bhanwar Singh, son of Sant Ram, challenged a mortgage and sale of land made by his father in 1985 to the respondents, arguing that the land was joint family property and could not be alienated without legal necessity. The land originally belonged to the appellant's paternal grandfather, Bhima, who died i…

Hazarilal, a peon in a Madhya Pradesh middle school, was convicted under IPC sections 323 and 34 for a simple assault and was fined Rs.500 after his one‑month imprisonment was reduced on appeal. The State terminated his service under the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, in…

The appellant, Patinhare Purayil Nabeesumma, claimed title and possession of land for which her husband, a cultivating tenant, had obtained a certificate of purchase under the Kerala Land Reforms Act in 1976. The respondents later obtained a second certificate for the same land in 1977. The trial court and first appell…

A labourer travelling on the mud‑guard of a tractor owned by three brothers was killed when the driver, the son of one owner, lost control of the vehicle. The driver had no licence and the tractor was being used for hire, contrary to the terms of the compulsory insurance policy. The heirs of the deceased filed a claim …

The Life Insurance Corporation of India (LIC) issued instructions under Regulation 51 of its 1960 Staff Regulations fixing different cut‑off dates for pay revision (1‑Apr‑1993) and for payment of gratuity (1‑Aug‑1994). Retired officers challenged the gratuity cut‑off date, arguing that Regulation 51 did not empower the…

The Maharashtra State Judges Association and several district judges challenged the Maharashtra Judicial Service (Seniority) Rules, 2007, contending that the unified cadre of District Judges should have been created with effect from 31 March 1994, not 1 July 1996, and that the proviso protecting the seniority of judges…

The appellant was convicted under Sections 279 and 304A of the IPC for causing the death of a seven‑year‑old girl by negligent driving of a tractor. He was sentenced to six months' simple imprisonment and a fine of Rs.2,000, with the conviction under Section 279 later set aside by the High Court. During the pendency of…

The appellant (A‑5) was tried with seven others for the murder of Venkatesan Seshastripuram. A‑4 entered the deceased's house and shot him, resulting in death. The trial court convicted A‑4 under s.302 IPC and A‑5 under s.398 and s.457(1) IPC, acquitting A‑5 of s.302 read with s.34 IPC. The Madras High Court reversed t…

The respondent, a government clerk, had two dates of birth entered in his service book—11‑02‑1944 (as per his matriculation certificate) and 11‑02‑1946. Based on the later date he retired on 29‑02‑2004, but the State argued he should have retired on 28‑02‑2002 and ordered recovery of the salary paid for the two interve…

Punj Lloyd Limited, an engineering contractor, filed a consumer complaint against Corporate Risks India Pvt. Ltd., an insurance broker, alleging negligence that caused a loss of over Rs. 5.26 crore in securing insurance for a pipeline project. The National Consumer Disputes Redressal Commission dismissed the complaint …

M/s. A & G Projects & Technologies Ltd., a dealer registered under the Central Sales Tax Act, 1956, entered into three contracts for supplying capacitor banks to Karnataka Power Transmission Corporation Ltd. (KPTCL). The goods were procured from a manufacturer in Tamil Nadu via an EPC contractor outside Karnataka, with…

The Karnataka State Industrial Investment & Development Corporation Ltd. (the appellant) sought enforcement of a surety under Section 31(1) of the State Financial Corporations Act, 1951, filing the application before the VI Additional City Civil Judge, Bangalore. The industrial concern whose assets were pledged was loc…

The case involves the kidnapping of a four‑year‑old boy by five accused persons in the presence of his mother, who was overpowered, injured and later identified the perpetrators and the white Maruti van used. The prosecution proved the existence of a ransom note threatening the child's life, and multiple independent wi…

Mahmud Rajasa Saiyed was arrested in a POTA case for alleged offences under the IPC, Arms Act and POTA, and was found in possession of a country‑made revolver, a foreign‑made pistol and ten live cartridges recovered from a co‑accused. He applied for bail under Sections 49(6) and 49(7) of the Prevention of Terrorism Act…

Gulam Mohd (Gulal Shaikh) was charged under several IPC, POTA and Arms Act provisions for alleged terrorist activities. He claimed that a confession recorded under Section 32 of the Prevention of Terrorism Act, 2002 was obtained while he was in illegal custody and later retracted it. He applied for bail under Section 4…

The Haryana Vidyut Parishan Nigam Ltd. demanded a penalty of Rs. 11,37,222 from Super Star Grit Udyog for alleged theft of electricity. The consumer filed a suit for declaration and a permanent injunction, while the board raised a preliminary objection that the suit was not maintainable under the Electricity (Haryana A…

Standard Corrosion Controls Pvt Ltd (Indian) and SARKU Engineering Services Sdn Bhd (Malaysian) entered a contract for painting works. The contract contained Article X, which required any dispute to be settled by mutual consultation and, failing that, by arbitration in Mumbai under the International Chamber of Commerce…

The accused, a school teacher, was alleged to have sexually assaulted a student (PW‑1) and outraged the modesty of several other girls, and also threatened the victim. The trial court convicted him under IPC sections 376, 354 and 506. The High Court set aside the conviction, acquitting him on the ground of an inordinat…

The appellant, Sri Krishna Agencies, filed a criminal complaint under Section 138 of the Negotiable Instruments Act for three dishonoured cheques of Rs. 5 lakh each. The respondent argued that the dispute was already before an arbitration forum and therefore the matter was civil, prompting the Andhra Pradesh High Court…

The State of Punjab charged four accused with rape, kidnapping and related offences under IPC sections 376, 366, 363 and 308, relying primarily on two dying declarations of the victim, Kumari Poonam, and the statements of her brother and friend. Both eye‑witnesses later withdrew their earlier statements, and the trial …

In 1993 Ranjit Singh, then about 17 years old, was convicted of murder and related offences under the IPC and sentenced to life imprisonment. He appealed, contending that he was a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000 and that Section 20 of that Act should apply to his pending …

Veeru Devgan, a film producer, obtained permission to shoot a film in a reserve forest in Ooty and entered into an agreement with the District Forest Officer. The State later cancelled the licence alleging damage to grasslands, but the High Court set aside the cancellation, finding no breach or environmental harm. None…

The landlords, owners of a shop in Dehradun, sought eviction of the tenant under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide requirement to run a readymade garment business by the retired husband Matloob Ahmad and his daughter Kum Fara…

The writ petitioners, Ayodhya Prasad Mishra and another, were Executive Engineers who, after scoring the highest marks, were placed in Category I under the Uttar Pradesh State Electricity Board Service of Engineers Regulations, 1970, and sought promotion to Superintending Engineer. The Corporation refused to promote th…

The State of Uttarakhand acquired land for a public road to a hospital under the Land Acquisition Act, 1894. The original owner later gifted part of the land to the appellants, who sued the hospital for a perpetual injunction to prevent it from erecting walls that would block the road. The trial court granted a tempora…

The case involved a land dispute in which the accused, including Salim, armed themselves and fired upon the complainant's party, resulting in the death of Abdul Gafar. The trial court convicted Salim under sections 302, 203/149, 307/149, 323/149, 325/149 IPC and the Arms Act, while other accused were convicted under va…

The deceased Sunita, married to Raj Kumar, was allegedly set on fire by her mother‑in‑law amid dowry disputes. While on her death‑bed she gave a dying declaration identifying her husband and his parents as the assailants; the statement was recorded by police and a magistrate. The trial court convicted all accused under…

The petitioners, electricians employed through a contractor for the National Thermal Power Corporation (NTPC), sought to be absorbed as workmen of the corporation, arguing that the Madhya Pradesh Industrial Relations Act, 1960 applied to them and that contract labour should be abolished. NTPC contended that it was a re…

Makhan Singh, a displaced person, was allotted agricultural land in Jammu & Kashmir under Government Order No. 254 of 1965 and his ownership was entered in the Jamabandi of 1966‑67. After his death in 1981, the Tehsildar mutated the entry in favour of his two sons, Rajinder Singh and Daljit Singh. The daughters, Kuldip…

The appellant, a workman of Laxmi Vishnu Textile Mills, challenged a tripartite settlement and the sale of the mill’s assets to a purchaser, alleging that the settlement was illegal, that the sale violated a BIFR order under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), and that the workers’ dues…

The respondent, Radhey Shyam, was employed as a junior clerk by Rajasthan Lalit Kala Academy and was terminated in 1981 without complying with the notice and compensation requirements of Section 25‑F of the Industrial Disputes Act. He raised an industrial dispute; the Labour Court ordered his reinstatement with back‑wa…

The appellants, Gauri Shankar Prasad and others, needed money and mortgaged their land to the respondent, Brahma Nano Singh, executing a sale deed and a separate deed of agreement to reconvey the land upon repayment of Rs.36,600. The agreement stipulated that reconveyance must occur within three years, making time the …

The State of Madhya Pradesh appealed against a High Court order that reduced the conviction of Imrat and others from attempt to murder (s.307 r/w s.34 IPC) to voluntarily causing grievous hurt (s.326 r/w s.34 IPC) and reduced their sentences. The facts involved a property dispute where the accused, armed with a lathi a…

The appellants entered the deceased's house at night, broke the door and assaulted the deceased and his family with lathis, resulting in the deceased's death. They claimed the right of private defence, arguing they were protecting their property from the deceased's alleged complaint. The trial court convicted them unde…

The respondent, a workman in the Public Works Department, was terminated on 31 March 1993. The Labour Court held the termination illegal, finding that he had completed the requisite 240 days of service in the preceding year. The State of Haryana appealed, and the Punjab and Haryana High Court dismissed the writ petitio…

Mahila Vinod Kumari filed a rape complaint against two men, who were later acquitted when she recanted her statement during trial, claiming she had never been raped. The trial court found that she had deliberately fabricated false evidence and, under Section 344 of the Code of Criminal Procedure, 1973, sentenced her to…

M/s Deepak Agro Foods, a dealer under the Rajasthan Sales Tax Act, challenged assessment orders for the years 1995-96 and 1996-97 on the ground that they were anti‑dated, passed after the limitation period and were therefore null and void. The Rajasthan High Court set aside those orders and remanded the matters for fre…

The appellant, Perymon Bhagabathy (a devaswom), sought to set aside the abatement of a second appeal after the sole plaintiff, Bhargavi Amma, died during the pendency of the appeal. The High Court dismissed the appellant's applications to condone the delay, set aside the abatement, and bring the legal representatives o…

Four accused—Gurcharan Singh, Hardeep Singh, Harjinder Singh and Jaswinder Singh—attacked the deceased Amrik Singh with weapons, causing multiple injuries that led to his death. Gurcharan Singh exhorted the others; Hardeep and Harjinder delivered fatal blows to the head, while Jaswinder struck the arm. The trial court …

The Supreme Court examined nine ad‑hoc Additional District Judges appointed to Fast Track Courts who challenged an Orissa High Court advertisement for 16 direct recruitment posts, arguing that the advertisement’s eligibility criteria (maximum age of 45 years and requirement of being a member of the Bar) disqualified th…

The appellant, a chit fund, and the respondent, a prized subscriber, were involved in a dispute over unpaid amounts after the subscriber defaulted on payments. The subscriber approached the consumer dispute redressal machinery seeking a direction for the chit fund to pay a sum, leading to proceedings before the Distric…

Common Cause, a registered society, filed a public‑interest writ petition seeking comprehensive directions to the Union and State governments for licensing, driver training, road infrastructure, ambulance services, expert committees and a new Road Traffic Safety Act to curb road accidents. The Court examined whether su…

The Supreme Court examined two appeals arising from convictions for robbery and murder under Sections 394/34 and 302/34 IPC. The key issue was whether the refusal of the accused to participate in a test identification parade (TIP) and the fact that the accused had already been shown to the eyewitness rendered the ident…

The appellant Jitendra Singh filed an application under Section 24 of the Code of Civil Procedure seeking transfer of a civil suit pending before the Additional District Judge, Alwar, to another court. The Rajasthan High Court ordered the transfer of the suit to the District Judge, Jaipur, relying on alleged lack of co…

The appellant, a marine engineer employed abroad, claimed "not ordinarily resident" status for AY 1982‑83 under s.6(6)(a) of the Income Tax Act, 1961 to exclude his foreign income under s.5(1)(c). The Assessing Officer rejected the claim, holding that the appellant had been resident in India for more than 730 days in t…

The State Government of Andhra Pradesh granted a licence to Guntur Power and Light Ltd (GPL) to operate an electricity undertaking and transferred certain lands to it. GPL later leased portions of this land to its sister company, Guntur Tobacco Company (GTC), with an option to purchase. In 1956 the government acquired …

The respondent filed a suit for a perpetual injunction to protect his possession of land, which the trial court decreed in his favour, holding him to be the Bhumidhar. The appellant, North Eastern Railway Administration, appealed and claimed that the decree was obtained by fraud, asserting that the land had been transf…

The Supreme Court examined whether a pre‑decisional hearing must be afforded before an Assessing Officer orders a special audit under Section 142(2A) of the Income Tax Act, 1961. The Court held that, although the provision is silent, the order has civil consequences and therefore the principles of natural justice, part…

The assessee, Sudarshan Silks & Sarees, was found to be maintaining double books and concealing income, leading to a search that uncovered undisclosed assets. The assessee subsequently filed revised returns disclosing additional income, after which the Assessing Officer levied the maximum penalty under section 271(1)(c…

The appellants, offshore drilling companies, operated oil rigs in India's designated offshore areas (continental shelf and exclusive economic zone) and sought to import stores for the rigs without customs duty, relying on the exemption for foreign‑going vessels under the Customs Act. The Revenue authorities, citing not…

The appellant, E. Micheal Raj, was caught carrying a bag containing 4.07 kg of a heroin mixture that tested at 1.4% and 1.6% purity, amounting to roughly 60 g of pure heroin. He was convicted under Section 21(c) of the NDPS Act for possessing a commercial quantity and sentenced to ten years' rigorous imprisonment. On a…

The Commissioner of Customs, Mumbai issued a show‑cause notice demanding customs duty and penalty from M.M.K. Jewellers for a shortage of duty‑free gold detected during a stock‑taking in 1995. The respondent argued that the shortage was due to permissible manufacturing wastage, that the gold existed as dust/slurry, and…

A female remand prisoner alleged sexual exploitation by the head of Divine Retreat Centre and complained of police bias. The High Court, acting suo motu on a petition addressed to a single judge and an anonymous letter, ordered the withdrawal of the police investigation of the rape case and constituted a Special Invest…