Judgments of 2008

The appellant, Taraknath Kar, a court employee, was alleged to have married twice—first to Chandana and later to Lipika, who filed a maintenance suit under Section 125 of the CrPC. The trial court granted maintenance to Lipika, but the High Court set aside that order and directed a fresh hearing. While exercising its r…

The appellant, Mis. Associated Construction, entered into a construction contract with the respondent, Pawanhans Helicopters, which required completion within four months. Delays caused by the respondent led the appellant to issue a "No Dues Certificate" under alleged economic duress and later claim price escalation un…

S.P. Singh, an Indian Revenue Service officer, applied for voluntary retirement effective 1 September 2005. While his retirement was pending, a suspension order dated 30 August 2005 was issued but was first dispatched to Nagpur, an address where Singh was not residing; he was actually in Noida. The order reached him on…

The appellant, Arun Kumar, owned two parcels of land (Survey No.179 and Survey No.106) that were previously tenanted by respondent No.2, who executed a deed of surrender in 1955. All documentary evidence, including the surrender deed, statements before the Tehsildar, possession certificate, and mutation entries, indica…

The deceased wife, Jyoti, left a letter accusing her husband, Sohan Raj Sharma, of sexual perversion and cruelty, and subsequently poisoned her two children and herself. The FIR alleged that the husband had compelled her to commit suicide, leading to his conviction under Section 306 of the Indian Penal Code by the tria…

The case involves the murder of Mahender Sarpanch on 15 July 1996, for which several accused, including Shamsher Singh, Balwant, Ladh Ram and Suresh (alias Hakla), were charged. The trial court convicted all accused under sections 302, 307 r/w 149 and 148 of the IPC, a decision upheld by the High Court. Two appeals rea…

The case involved six accused charged with dacoity with murder under Sections 396 and 412 read with 1208 of the Indian Penal Code. The trial court convicted four of them under Section 396 and acquitted two, a decision affirmed by the High Court. On appeal, the Supreme Court examined whether a conviction for dacoity can…

Murari Lal Gupta, appointed as a chowkidar in 1982, sought regularisation but was denied on age grounds and later stopped working. He filed claims for salary differences and overtime, and after failed conciliation, a writ petition led to a reference to the Industrial Tribunal, which awarded reinstatement with back wage…

Rameshwar Prasad filed a suit for specific performance of a sale agreement, which the trial court granted. The respondent Basanti Lal appealed, and the Madhya Pradesh High Court set aside the decree, holding that the plaintiff had not pleaded or proved his readiness to pay interest, a term of the contract, thereby fail…

The assessee, Dugar Tetenal India Ltd., cleared photographic chemicals under the brand name “Tetenal” claiming exemption under Notification No. 175/86‑CE of the Central Excise Act. Investigation revealed that the brand belonged to a German collaborator, not the assessee, and that the assessee had willfully declared the…

P.B. Krishnankutty Nair, a former employee covered under the Employees State Insurance (ESI) scheme, suffered an accident on 15 June 1990 and claimed disability benefit. He had ceased to be an employee on 1 October 1989 because his salary exceeded the cut‑off wage, but his contribution period as an insured person conti…

The case involved three successive murders and related injuries in Punjab, for which the accused Nishan Singh, Pargat Singh‑I and others were convicted under Section 302 IPC, with some also charged under Section 34 IPC for common intention. The appellants challenged the convictions on procedural grounds, chiefly allegi…

Gautam Sarup filed a suit to declare his title to property bequeathed to him by a will and to obtain a permanent injunction. Respondent No.6, Leela Jetly, initially filed a written statement admitting the plaintiff's claims, but later denied having signed that statement and sought to withdraw it by filing a second writ…

Periyar & Pareekanni Rubbers Ltd., a distillery registered under the Kerala General Sales Tax Act, leased its factory to Eagle Distillery Ltd. The lessee continued to use the lessor's sales‑tax registration number and statutory Forms C and D, but failed to remit the tax collected. The assessing authority issued notices…

Pramod Kumar was appointed as an ad‑hoc Assistant Teacher in 1988 on the basis of a B.Ed. degree from Maithili Vishwa Vidyapeeth, an institution not recognised under the University Grants Commission Act. When the management discovered the degree was unrecognised, he was directed to obtain a B.Ed. from a recognised univ…

The appellant, Geo Tech Foundations & Construction, manufactured PSC girders for a railway bridge and cleared them without paying central excise duty. A show‑cause notice demanding duty, confiscation and penalty was issued on 8 May 1996, well beyond the six‑month limitation period then applicable. The appellant contend…

The State of Punjab appealed against the judgment of the Punjab and Haryana High Court which had allowed M/s Perfect Synthetics to deduct the purchase value of raw material from its taxable turnover under Rule 29(xii) of the Punjab General Sales Tax Rules, 1949. The assessee bought raw material from units that were exe…

The appeal concerned the interpretation of Rule 29 (xii) of the Punjab General Sales Tax Rules, 1949, which deals with deduction from taxable turnover. The State of Punjab contended that such a deduction was impermissible, while Mis. Sankeshwar Hosiery Industry argued for its permissibility. The Court examined the lang…

Yogesh Ramchandra Naikwadi sought admission to a B.E. programme claiming Scheduled Tribe status (Mahadeo Koli). The Scrutiny Committee rejected his claim after verifying his caste certificate. He obtained a provisional admission through a High Court interim order treating him as an ST candidate, completed the course an…

The appellants' land was notified for acquisition under the Rajasthan Urban Improvement Act, 1959 in 1975 and a declaration was made in 1984 directing them to surrender possession. They first approached the Calcutta High Court, which was stayed by the Supreme Court on jurisdictional grounds. Possession was taken in 198…

Phil Corporation Ltd. processed cashew nuts, peanuts and almonds by dry/oil roasting, salting, seasoning and packed them in small containers, clearing the goods without paying excise duty and claiming classification under Chapter 8 (0801.00) at a nil rate. The Revenue argued that the processed products fall under Chapt…

The State of Uttar Pradesh charged Ajai Kumar and others under IPC sections 394, 307 and 411 for allegedly snatching Rs 1,25,000 from a bank and injuring two victims. Part of the stolen money, bearing the bank's stamp, was recovered from the accused. The trial court acquitted the appellant, relying on the victims' inab…

Karan Singh Chandel purchased a LIC life insurance policy on 28‑03‑1994. The annual premium due on 28‑03‑1995 was not paid and the policy lapsed after a one‑month grace period. The insured died on 01‑07‑1995. A cheque for the premium and late fee was issued on 27‑06‑1995 but was only received by LIC on 12‑07‑1995, afte…

The respondent, a landlord, filed an eviction petition under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, seeking to recover a non‑residential shop for her husband's motor‑parts business. The appellant, the tenant, contended that he owned other shops and co…

The Union of India and others sought to discharge several Airmen under the Habitual Offenders Policy, issuing show‑cause notices and receiving replies from the respondents. The respondents challenged the discharges, alleging that the replies to the show‑cause notices were not considered, thereby violating natural justi…

The appellant, Ramesh Krishna Madhusudan Nayar, was convicted of murder under Section 302 IPC based solely on the testimony of a single eye‑witness, PW‑5, who claimed to have seen Nayar strike the deceased with a wooden log during a quarrel. The appellant challenged the conviction, arguing that a single witness's testi…

A search under Section 132 of the Income Tax Act was conducted on 17 January 2001 at the premises of Suresh N. Gupta, uncovering undisclosed income of Rs.1,62,427. The Assessing Officer levied tax at the 60% rate prescribed by Section 113 and imposed a 17% surcharge relying on the Finance Act, 2001. The assessee challe…

The case concerned employees in Greater Bombay who were appointed to ministerial posts without selection by the Maharashtra Public Service Commission (PSC). The State Government had issued a Resolution on 1 March 1974 allowing such non‑PSC employees to continue in service, but treating PSC‑selected employees who were a…

The Commissioner of Central Excise, Mumbai appealed against the Customs, Excise & Gold (Control) Appellate Tribunal’s order granting exemption to M/s National Organic Chemical Industries Ltd. for excise duty on ethylene and propylene used as captive refrigerants in its naphtha‑cracking plant. The issue was whether the …

The Department (Assistant Commercial Taxes Officer) appealed against a High Court order that set aside a penalty imposed on M/s. Bajaj Electricals Ltd for transporting goods with a blank but signed Declaration Form ST 18A/18C. The vehicle was intercepted on 30‑03‑1999; the form lacked material particulars despite being…

M/s Com Ed Chemicals Ltd entered into a Memorandum of Understanding with Dr. C.N. Ramchand, appointing him as Director (Technical) of a subsidiary and granting him equity, salary and other benefits. The respondent resigned, the company rejected his resignation and invoked the arbitration clause in the MoU, seeking appo…

The Union of India floated a tender for Digital Radio Trunking Systems for the Army, and three bidders, including Siemens, were shortlisted. After commercial bids were opened, Siemens claimed to be the lowest bidder but alleged that the Evaluation Committee artificially inflated its price by multiplying a unit rate wit…

MD Shakeel was convicted under IPC sections 304‑B and 498‑A and Section 4 of the Dowry Prohibition Act for the alleged dowry‑related death of his wife. The conviction was affirmed by the trial court and the first appellate court, while the co‑accused were acquitted. Shakeel filed a revision petition in the Andhra Prade…

The appellant, Devidas Ram Sunder Shukla (A‑2), together with his son Santosh Devidas Shukla (A‑1) and two others, were convicted under IPC sections 302, 202 and 34 for the murder of Manoja, who was burnt to death in the house they shared. The prosecution relied entirely on circumstantial evidence, including the presen…

The Pimpri Chinchwad Municipal Corporation (PCMC) entered into a contract with M/s Gayatri Construction for Phase‑III of the Telco‑Bhosari road. The contractor failed to complete the work within the stipulated 12‑month period, leading PCMC to invoke a termination clause and invite fresh tenders for the same stretch of …

The Chaudhary Devi Lal University advertised for a Reader in Public Administration and appointed Dr. Rajbir Singh Dalal, who holds an M.A. and Ph.D. in Political Science. A lecturer challenged the appointment, arguing that the appellant lacked the required qualification in the "relevant subject" under UGC regulations. …

The appellant, the Commissioner of Income Tax, challenged the assessment of film producer Joseph Valakuzhy who claimed a carry‑forward of amortisation expenses under Rule 9A of the Income Tax Rules for a feature film that was not exhibited for 180 days and did not recover its production cost. The revenue argued that th…

The dispute concerned a 35‑acre wakf land in Vijayawada. The Wakf Board had appointed eight ‘Mujawars’ to manage the Dargah, and they entered into a sale agreement on 2 August 1982 with Mohammedia Co‑op Building Society Ltd. The sale required prior sanction of the State Wakf Board and publication of the proposed transa…

Mis. Mediline India (P) Ltd obtained a loan of Rs.5,00,000 and issued two cheques which bounced for insufficient funds. A complaint under Section 138 of the Negotiable Instruments Act and Section 420 IPC was filed against two directors, Ashish Narula and Manish Arora, who were later convicted. While the case was pendin…

R & B Falcon (A) Pvt. Ltd., an Australian company supplying offshore drilling rigs and crew, provided free air and helicopter transport for its foreign‑resident employees from their home countries to the rig in India and back. The company sought an advance ruling which held that the transport expense was liable to Frin…

The appellant sought a decree for redemption of a mortgage whose deed was registered in 1913, but the exact execution date was unknown. The suit was filed on 30 December 1970 and was dismissed by the trial court and first appellate court as barred by limitation. The High Court reversed, holding that the relationship be…

Keshab Deb was appointed as a casual daily‑wage driver in the Directorate of Telecommunications, Dimapur, and was terminated allegedly for misconduct after a brief imprisonment. He filed a writ petition alleging violation of Section 25‑F of the Industrial Disputes Act, 1947 and seeking regularisation under a casual‑lab…

The appellant sought the return of articles seized by a hospital after the death of his brother, but the hospital required a succession certificate. A succession certificate was issued in the appellant's favour, yet the hospital did not return the articles. The appellant filed a suit, which was decreed ex parte, and af…

The insurer, National Insurance Co. Ltd., issued a cover note for a mini‑bus after receiving a third‑party cheque for the premium, but the cheque was never encashed and the cover note was cancelled. The bus met with an accident and the victim, Yellamma, claimed compensation under s.166 of the Motor Vehicles Act, 1988. …

The appellant, a 17‑year‑old minor, was riding a two‑wheeler without a licence when he collided with a mini‑truck driven rashily by the respondent. He claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 30,000 but reduced it to Rs 12,000 on the ground th…

The appellant, Jaswant Singh Lamba, challenged a High Court order dated 23.11.1992 that regularised the services of two respondents appointed ad hoc in 1982, thereby affecting his seniority. He filed a review petition, arguing that he was unaware of the order and that the petition should be entertained. The Supreme Cou…

The Cochin University of Science & Technology (Cochin University) introduced a B.Tech. programme in 1995 reserving 10% seats for NRI students, charging them a one‑time development fee of US$5,000 and a semester fee of Rs.20,000, while other students paid only Rs.20,000 per semester. In 1996‑97 the university raised the…

The appellant borrowed Rs.30,000 from the deceased and, after refusing to repay, was slapped and threatened the deceased. The following day the appellant, with two accomplices, attacked the deceased with knives, causing his death, and grievously injured a bystander (PW1). The trial court convicted the appellant under S…

The appellants, tenants under the Indian Mercantile Association, filed a writ petition under Section 103-A of the Maharashtra Housing and Area Development Act, 1976, seeking relief that the High Court dismissed on the ground that an alternative statutory remedy—an appeal—was available. The appellants contended that rel…

The Supreme Court examined a batch of six appeals concerning the taxability of Replenishment Licences (REP licences) and the Duty Entitlement Passbook (DEPB) scheme under various State sales tax statutes. The appellants argued that the three‑judge decision in Vikas Sales Corporation v. Commissioner of Commercial Taxes,…

The father of the respondents purchased land as the shebait of the deity Sri Sri Durgamata Thakurani and later sold it to the appellants. The appellants sought to enforce the sale, while the respondents claimed the land was a debutter (charitable endowment) and that the shebait could not validly sell it. The trial cour…

The appellants, Balwant Singh and his three sons, were armed with kirpans and gandasas and attacked Kuldeep Singh at the house of his mother Amarjit Kaur, inflicting multiple injuries that proved fatal. The prosecution relied on the testimony of two surviving witnesses, Amarjit Kaur and Sukhjit Kaur, whose accounts wer…

The plaintiffs (respondent No.1 and No.2) purchased land (site 43) from respondent No.3 and, while demolishing a temporary structure, were interfered with by the appellant (defendant No.1) who attempted to encroach on the property. The plaintiffs filed a suit for a permanent injunction to restrain the appellant's inter…

The decree holder obtained a decree against the judgment debtor in a mortgage suit and filed successive execution applications. In the latest execution, after notice and adjournments, the court found no objections and ordered attachment of property under Order XXI Rule 22, proceeding to issue a warrant on 21 September …

The Union of India and other appellants sought to recover central excise dues from SICOM Ltd., which had defaulted on a loan secured by a mortgage under the State Financial Corporation Act, 1951. The State Financial Corporation had taken possession of the mortgaged assets and claimed a first charge over them. The appel…

The appellant, Farhd K. Wadia, sought a writ directing that Rang Bhavan, an open‑air theatre in Mumbai, be exempted from the "silence zone" provisions of the Noise Pollution (Regulation and Control) Rules, 2000, after his application to use loudspeakers was rejected following a 2003 Bombay High Court order in a earlier…

The State of Madhya Pradesh filed a Letters Patent Appeal against a Division Bench order that had dismissed a writ petition under Article 227 seeking to quash a Labour Court order passed under Section 10 of the Industrial Disputes Act, 1947. The High Court held the appeal non‑maintainable, relying on the petition’s nom…

Four accused went to the victim's house; the unarmed accused No.2 and No.3 restrained the victim while accused No.1, armed with a knife, inflicted fatal blows. The victim died, leading to conviction of accused Nos.1,2,3 under Section 302 read with Section 34 of the IPC, while No.4 was acquitted. The appellants, Nos.2 a…

Speech & Software Technologies (India) Pvt. Ltd. entered into a Services Agreement with Neos Interactive Ltd. on 15 July 2006 for monthly service fees. The respondent argued that the Services Agreement was a schedule to a later Tripartite Share Purchase Agreement (TSPA) and that, because the TSPA was automatically term…

Arun Bhakta (Thulu) was convicted under Section 302 IPC for the murder of his wife Jyotsna, based largely on circumstantial evidence and the "last seen" theory that the couple were together the night before her death. The prosecution's case relied on statements of witnesses that were later contradicted: the sister clai…

The Tamilnad Mercantile Bank Share Holders Welfare Association (appellant) sought to restrain the election of directors at the bank's 83rd, 84th and 85th Annual General Meetings, alleging that the meetings violated a 26 July 2006 injunction that allowed only certain agenda items to be considered. After the High Court a…

The appellant Kendriya Vidyalaya denied admission to Saurabh Chaudhary for class XI because his Class X CBSE marks fell below the cut‑off prescribed in the school’s admission guidelines, and offered him a place in another Central School. The student challenged the denial, invoking the Supreme Court’s earlier decision i…

The appellants were charged with offences under Sections 341, 324, 326, 504, 506 read with Section 34 of the IPC for an assault that injured three witnesses. The trial court acquitted them, finding the prosecution evidence insufficient. The High Court, acting as the first appellate court, partially set aside the acquit…

The appellant, brother of the deceased Anju Devi, challenged the High Court's order that acquitted three accused who lived separately and released the husband on the ground that he had already served his sentence. The Supreme Court upheld the acquittal of the three accused, finding that the evidence did not prove their…

The appellants were convicted for the murder of a young man whose body was found half‑dug in a cemetery after the accused allegedly scaled the wall, consumed wine and later assaulted a worker. The prosecution relied on extensive circumstantial evidence, including eyewitnesses who last saw the accused with the deceased,…

Raj Kumari, a lady constable, failed to make the grade in a written test for a Lower School Training Course, while several other candidates were declared successful. She sought re‑evaluation of her answer script and, after the High Court ordered a re‑assessment, her marks remained unchanged. She then filed a second wri…

The State of Maharashtra prosecuted Arjun (A-2) and another accused (A-1) under IPC sections 302/34 and 201/34 for the murder of Jagnandan Singh. The trial court convicted both based solely on five pieces of circumstantial evidence, including alleged purchase of rat poison, a gunny bag, ropes, and the discovery of the …

The incident on 23 September 1996 involved a violent assault by several accused on the family of Surjit Kaur, resulting in the death of Jangir Singh. The trial court convicted multiple accused under sections 302, 364, 323, 149 and related provisions of the Indian Penal Code. On appeal, the Punjab and Haryana High Court…

The appellants were convicted of murder under Section 302 IPC for the killing of Albert Walter, based primarily on the testimony of PW‑1, the deceased's brother, who identified the accused and asserted that sufficient street lighting enabled him to see the incident. The appellants challenged the conviction, arguing tha…

The Government of Andhra Pradesh acquired a large tract of land in Hyderabad for an integrated infrastructure project, the Financial District, to be implemented by the state nodal agency APllC in partnership with a private company, Emaar. Small landowners challenged the acquisition, alleging it was not for a public pur…

The appellant, a poultry farmer, was accused by a complainant of forging a cheque and was charged under IPC sections 420, 467, 468 and 471. The complainant claimed the cheque was a blank cheque misplaced by a third party, while the appellant alleged the cheque was fraudulently used. The Judicial Magistrate, instead of …

The appellant, Shivaji @ Dadya Shankar Alhat, was convicted of raping and murdering a nine‑year‑old girl and sentenced to death under Sections 302 and 376(2)(5) IPC. The prosecution case rested entirely on circumstantial evidence, including eyewitnesses who saw the accused with the victim, the recovery of the victim’s …

The case involved six sandalwood smugglers accused of shooting a forest guard and injuring a gardener. The FIR described the assailants only as unidentified persons in a group of about 50, and no names were recorded. The trial court convicted all six under Section 302 IPC, but the High Court acquitted five, upholding o…

The appellants, Priya Vrat Singh and others, sought to quash criminal proceedings filed under Sections 494, 120B and 109 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act for alleged dowry harassment and bigamy. The High Court had dismissed their Section 482 CrPC application, but the Supreme Court examined w…

The case concerned the alienation of undivided co‑parcenary property by a Hindu coparcener through a gift deed, two sale deeds and a will. The Supreme Court held that a gift by a coparcener of his undivided interest in joint family property is void, and that the validity of the sale deeds must be examined on the factua…

The appellants, manufacturers of banana chips, had been using the trade mark "A-ONE" since 1986 and applied for its registration in 1999, which remained pending. The respondent filed a parallel application for registration of the same mark in 2000 and later sued the appellants for passing off. The appellants responded …

Bangaru Venkata Rao was convicted of murder under Section 302 IPC for stabbing his wife Polamma, who later died. He appealed, claiming the act was in private defence and that only a single blow was given in a sudden quarrel, invoking Exception 4 of Section 300 IPC. The Supreme Court examined the elements of Exception 4…

The respondents filed a statement under Section 85(A) of the Kerala Land Reforms Act claiming they held land within the ceiling limit, but the State Land Board later found they exceeded it and directed the Taluk Land Board to reopen the case under Section 85(9). The Board initially held the respondents were not liable …

The respondents, who were Presiding Officers of Kerala's Industrial Tribunals, had historically received pay scales equal to District Judges. After the 1998 Shetty Commission revised the pay of District Judges, the state granted the revised scales only to District Judges and not to the Tribunal officers, prompting the …

The appellant, Maghendra Pal Tyagi, claimed loss of 200 shares of Hero Honda Company and obtained duplicate share certificates by misrepresenting that the originals were lost. He transferred these duplicate shares to the first respondent, Jayant Davar, who later sought recovery of the purchase price, asserting ownershi…

The Supreme Court examined a claim for compensation under the Railways Act, 1989 after a bona‑fide passenger, Smt. Abja, fell onto the tracks while trying to board a moving train and was run over. The issue was whether such a fall fell within the expression “accidental falling of a passenger from a train carrying passe…

The Commissioner of Trade Tax, Uttar Pradesh assessed a 10% sales tax on bubble‑gum, treating it as an unclassified item, while the assessee argued it should be taxed at 6.25% as a sweetmeat (mithai) or confectionery. The First Appellate Court and the High Court held bubble‑gum to be a confectionery and reduced the rat…

During a routine inspection of a bus, a Superintendent and an Inspector of the Narcotics Department seized brown sugar from the exclusive possession of the appellant and a co‑accused. The seized material was sampled, sealed and sent to a laboratory, which confirmed it to be brown sugar, and the appellant voluntarily ad…

The appellant was caught on 13 August 1999 in possession of four litres of arrack, packaged in forty 100‑ml packets, while attempting to flee from police in Kerala. He was convicted by the trial court under section 55(a) of the Kerala Abkari Act, 1077 and sentenced to three years' simple imprisonment and a fine of Rs 1…

The appellants were convicted under IPC §§ 324, 307 and 34 for assaulting victims in a market. They challenged the convictions on the grounds that the prosecution relied on testimony of relatives of the victim, that no independent public witnesses were examined, that there was an inordinate delay in lodging the FIR, an…

The appellant was convicted of murder and related offences under Sections 302, 323, 394 read with Section 34 of the IPC for the killing of a father and son. The High Court affirmed the conviction but, according to the appellant, decided the appeal without hearing his counsel, who was unable to make oral submissions due…

In a civil suit, Jaladi Suguna obtained a decree declaring a gift deed void. The Trust appealed, but Suguna died during the pendency of the appeal. The High Court proceeded to hear the appeal and, after hearing rival claims to her estate, set aside the decree in favour of the Trust without first determining who the leg…

The tenant's rent was fixed at Rs.150 per month under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlords sought eviction on the ground of bonafide requirement, but the eviction petition was dismissed by the prescribed and appellate authorities. The landlords then filed…

The State of Uttaranchal advertised for Physical Education Teachers, specifying B.P.E. or a graduate with a diploma in Physical Education as the required qualification. Unsuccessful candidates challenged the selection criteria, alleging inconsistency with the U.P. Subordinate Educational (Trained Graduates Grade) Servi…

The appellant, a junior Swamiji of a religious mutt that ran a school, was accused of repeatedly committing an unnatural sexual offence against a 13‑year‑old student over seven days in July 1986. The FIR was lodged more than a month later and the prosecution’s case lacked medical corroboration and contained several inc…

R. Rajeshwari filed a complaint under Section 138 of the Negotiable Instruments Act alleging a dishonoured cheque of Rs 1 lakh. The trial court convicted H.N. Jagadish, sentenced him to one month imprisonment and ordered compensation of Rs 2 lakh, of which Rs 1.75 lakh was to be paid to the complainant; the Sessions Co…

The case involves a murder on a bus where the deceased was killed and his son injured. The trial court acquitted all accused, disbelieving the injured witness and other eye‑witnesses, while the High Court convicted nine of the accused and acquitted the rest. On appeal, the Supreme Court examined whether an appellate co…

The case concerned a police officer (respondent No.4) who was appointed Deputy Superintendent of Police in 1979, confirmed in 1987 and promoted to the IPS in 1991 with a year of allotment recorded as 1987. He later sought to have his year of allotment back‑dated to 1984, claiming eligibility for promotion vacancies in …

The appellant, H.P. State Electricity Board, appealed against the Labour Court and Himachal Pradesh High Court decisions that had granted daily‑wage workers (respondents) a minimum bonus under the Payment of Bonus Act, 1965. The respondents had filed applications under Section 33‑C(2) of the Industrial Disputes Act, 19…

Bharat Coking Coal Ltd entered into a contract with M/s. Annapurna Construction which later gave rise to a dispute. An arbitrator was appointed under the Arbitration Act, 1940 and awarded a sum to the respondent; the award was set aside by the Supreme Court because the arbitrator failed to consider relevant contract cl…

The Bihar Finance Service H.C. Cooperative Society Ltd. sought land acquisition for housing its members, leading to a declaration and award under the Land Acquisition Act, 1894. The High Court quashed the declaration and remitted the matter for further inquiry, but the Supreme Court later directed the High Court to rel…

The State, G.M. Haryana Roadways, terminated a casual driver, Jai Bhagwan, whose reinstatement was ordered by the Labour Court. The State reinstated him on 10 May 2002 and later regularized his service on 21 June 2004, but failed to disclose these material facts in a writ petition before the High Court and again in a S…

Mis. Bharjatiya Steel Industries, a manufacturer of steel ingots, purchased iron scrap at a concessional tax rate under a recognition certificate granted by the Uttar Pradesh Trade Tax Act. In the assessment year 1985-86 it bought 2,532.989 MT of scrap and later sold about 10% of it to other dealers, claiming the mater…

The respondent, a technician, repeatedly absented himself from duty without sanctioned leave despite warnings and prior disciplinary actions, including a reduction in basic pay. He admitted the charges of misconduct in each proceeding, yet continued to be absent, leading the disciplinary authority to order his removal …

The appellants and respondents were co‑owners of undivided property and had entered into a development agreement that allotted three separate flats (Nos. 201, 202 and 301) to each party by mutual adjustment. The appellants filed a suit for partition and sought an interim injunction to restrain the respondents from deal…

M/s. Lohia Sheet Products imported copper/brass waste and scrap for making handicrafts and claimed exemption under Notification No.8/96‑CE (Entry 74.04) which provides a NIL rate of additional customs duty. The Customs authorities and the Tribunal rejected the claim, holding that the exemption applied only to waste gen…

The Motilal Nehru Farmers Training Institute employed daily wagers for various project works such as bee‑farming. Their services were terminated on 28‑December‑1996 and they claimed they had worked for more than 240 days, invoking Section 6N of the Uttar Pradesh Industrial Disputes Act, 1947. The Labour Court, after dr…

V.J. Thomas filed a suit under Order 1 Rule 8 of the CPC for declaration of title, possession and an injunction against respondents 3‑5, publishing a notice under Order 1 Rule 10. The respondents did not appear and an ex‑parte decree was passed. In the execution proceedings, respondents 1 and 2, who were not parties to…

A bus driver’s negligent driving caused the death of a man, whose legal heirs claimed compensation under the Motor Vehicles Act, 1988. The Claims Tribunal estimated the deceased’s monthly income at Rs 9,600 and awarded compensation accordingly, but the High Court reduced the income estimate to Rs 7,000 per month and co…

Vimlesh Kumari Kulshrestha, a tenant of only a portion of a house, entered into an agreement of sale dated 1 April 1986 for the house she occupied. She filed a suit for specific performance (OS No. 228A/86) but the court noted non‑payment of proper court fees, prompting her to file a second suit (OS No. 13A/87) and wit…

The respondents, a small cadre of engineers employed by the Food Corporation of India (FCI), alleged that they had been denied any promotional avenue for over thirty years despite recommendations of the Fifth Pay Commission. They filed a writ petition seeking a direction to the statutory body, a 'State' within Article …

The Supreme Court examined an appeal by the defendants challenging a High Court order that set aside a First Appellate Court's remand of a suit to the trial court under Order 41 Rule 25 of the Code of Civil Procedure, 1908. The key issue was the legal effect of the words "may" and "shall" appearing in the same statutor…

Respondent No.1 filed a complaint under the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976, alleging that land transferred to the appellants was obtained through a prohibited loan transaction and should be restored. The appellants contended tha…

The case concerned a 2‑acre land granted by the Government of Karnataka to a Scheduled Caste grantee with a condition that it not be alienated for fifteen years. After the restriction period, an agreement to sell was executed on 5 July 1976, but the sale deed was executed and registered on 13 October 1986, after the Ka…

Five couples entered into an agreement to jointly purchase about 172 acres of agricultural land in Gujarat, solely to simplify negotiations and later divide the land among themselves, with no intention of joint cultivation. After purchase they partitioned the land and obtained separate mutation entries. The Mamlatdar h…

The appellant, a landowner, had agreed to sell a parcel of agricultural land to the complainant, who belongs to a Scheduled Tribe, and transferred possession after partial payment. After the complainant began cultivating sugarcane, the appellant forcibly entered the land, used a tractor to till it and destroyed the cro…

The Managing Director of Team Finance Company filed a criminal complaint under IPC sections 406, 420, 294, 506 and 34 alleging breach of trust because Mahindra & Mahindra Financial Services presented post‑dated cheques despite the debt being discharged by demand drafts as per a tripartite agreement. The appellant had e…

The Gujarat Pollution Control Board (GPCB) had granted M/s Nicosulf Industries permission to discharge effluent subject to conditions. It alleged a breach of condition No.4 after a water sample taken on 22‑June‑1989 was found non‑conforming, and filed a complaint through an Assistant Environmental Engineer. The trial c…

The appellant, a Roman Catholic Christian, married the respondent, a Hindu, in a temple according to Hindu customs and later registered the marriage under Section 8 of the Hindu Marriage Act, 1955. The respondent filed a petition under Section 12(1)(c) seeking a decree of nullity, alleging the appellant misrepresented …

The appellants, Chembra Orchard Produce Ltd. and others, filed applications under Section 391(1) of the Companies Act, 1956 seeking a court order to convene meetings of creditors and members for a proposed amalgamation scheme. The Karnataka High Court held that such applications must be heard with the parties present b…

The State of West Bengal conducted a recruitment for Medical Technologists by first holding a written examination as a screening test and then empaneling candidates solely on the basis of marks obtained in an oral interview. Unsuccessful candidates challenged this procedure, arguing that the written test marks should a…

The respondent, a student of hospitality management, was caught with a slip containing exam material during the 2005 Front Office Management exam and confessed to possessing it. The institute disqualified him for one academic session under Rule 9.2 of its Examination Rules and allowed re‑admission for the next session.…

The appellant, a guarantor, challenged the attachment of his fixed deposit receipts, which were created from his pension and gratuity, by the executing court in a suit filed by the bank to recover a loan. The trial court had decreed that the bank could recover the debt by first auctioning the hypothecated vehicle and, …

The appellant Dadan was convicted along with four others for murder, grievous hurt and rioting under Sections 302, 326 and 148 read with 149 of the Indian Penal Code, based on the testimony of four close relatives of the deceased. The High Court acquitted one co‑accused but upheld Dadan's conviction, prompting him to a…

The husband appealed against a High Court order directing him to reimburse his wife’s medical expenses incurred after she fell down the stairs. The wife had filed an application under Section 151 of the CPC in a pending matrimonial suit under the Special Marriage Act, 1954, seeking medical reimbursement. The Supreme Co…

The appellant Munna @ Puran Yadav and two co‑accused were tried for the murder of Chhota, the son of Gariba (PW‑4). Gariba, the father and sole eye‑witness, testified that the three accused entered his house, the co‑accused held the victim and the appellant fired the fatal shot. The trial court convicted the appellant …

Puola Devi, married to the son of Dayal Singh, lived with her mother‑in‑law Mula Devi and sister‑in‑law Rajmati and repeatedly complained of harassment and fear of being killed. She was found dead with asphyxia due to ante‑mortem strangulation and post‑mortem burns. The trial court convicted Dayal Singh, Mula Devi and …

The case concerned employees engaged by Official Liquidators under Rule 308 of the Companies (Court) Rules, 1959 who were paid from the liquidated company's fund ("company paid staff"). They sought regularisation, absorption into the regular cadre of the Department of Company Affairs and parity in pay with Central Gove…

A complaint under Sections 18(c) and 27(b)(ii) of the Drugs and Cosmetics Act, 1940 alleged that the accused were manufacturing, selling and storing drugs defined under Section 3(b) without a licence. The accused contended that the seized items were Ayurvedic drugs, governed by Section 3(a), and therefore the complaint…

The petitioners, members of the Uttar Pradesh Judicial Service, challenged the retrospective application of the Uttar Pradesh Higher Judicial Service Rules, 1953 (amended 2007) which altered the promotion and recruitment ratios for the Higher Judicial Service. They argued that vacancies that arose before 21 March 2002 …

The petitioners filed a writ petition challenging the amendment of Regulation 33(7) of the Development Control Regulations, 1991 (Greater Mumbai), alleging that it was being misused to demolish privately owned, sound pre‑1940 buildings and that the regulation imposed unreasonable side‑space restrictions. The Bombay Hig…

The appellant, Commissioner of Income Tax, Chennai, challenged the Madras High Court’s order upholding a deduction claimed by M/s Modern Engineers Construction Cooperative Society Ltd. under section 80P(2)(a)(i) of the Income Tax Act, 1961. The assessing officer had rejected the deduction on the ground that the income …

The accused, Pappu@Ajay, was convicted by the trial court for offences under Sections 376(1) read with 511, 324 and 452 of the Indian Penal Code and sentenced to four years of rigorous imprisonment along with fines. The High Court, noting that the accused had already served about five months and 25 days, reduced the se…

The appellant Dinesh Singh and several co‑accused fired at a man identified as Juguntha, who died from a gunshot wound. The trial court acquitted all accused, but the Allahabad High Court convicted Dinesh Singh under Section 304 Part II IPC while acquitting the others, holding that the evidence showed he acted without …

The appellant State of Rajasthan convicted Gajendra Singh under Sections 376, 323 and 341 of the Indian Penal Code, sentencing him to ten years rigorous imprisonment for rape and six months for the other offences. The High Court reduced the rape sentence to five years, invoking the proviso to Section 376 that permits a…

Baldev Singh was convicted under Section 304‑B IPC for the death of his wife Satwant Kaur, who died by poisoning within two years of marriage. The prosecution proved that she was repeatedly harassed for dowry, including demands for a fridge, TV and a cash amount, in addition to a claim on her share of ancestral propert…

Dinesh Kumar and four others were charged with murder, attempted murder and related offences under Sections 302, 307, 324, 148, 452, 323 read with 149 of the IPC. The trial court convicted all five, but the Rajasthan High Court acquitted four co‑accused while upholding Dinesh Kumar's conviction. The appellant argued th…

The plaintiff, who bought agricultural land in 1957, leased it to the defendant in 1971. After the defendant stopped paying rent in 1979, the plaintiff sued for possession and mesne profits, alleging the defendant was a trespasser. The defendant denied being a tenant and claimed ownership by adverse possession since 19…

The respondents, cinema theatres that had elected to pay entertainment tax on a slab basis under Section 5 of the Andhra Pradesh Entertainments Tax Act, 1939, were later issued demands for differential tax after the local area in which they were situated was upgraded during the period of option. The demands were raised…

The case involved the murder of a man (the deceased) who was last seen with accused A‑1 and A‑2. The prosecution relied on circumstantial evidence: the victims' last sighting with the accused, purchase of knives by the accused, discovery of a skeleton and burnt items, and identification of the accused by a key witness …

The Tamil Nadu Panchalai Workers' Union served a strike notice on 14 March 1991 stating that a strike would commence on or after 24 March 1991, giving only ten days' notice. The Supreme Court held that the notice did not satisfy the six‑week advance notice required under Section 22(1) of the Industrial Disputes Act, 19…

The Supreme Court heard a civil appeal concerning whether claimants were entitled to the enhanced solatium under Sections 23(1‑A), 23(2) and 28 of the Land Acquisition Act, 1894, in view of Section 30 of the Land Acquisition (Amendment) Act, 1984. The land was acquired after notifications in 1965 and 1966 and the Colle…

The appellant, a third defendant, challenged an ex parte decree in a recovery suit that had been transferred from the Delhi High Court to an Additional District Judge due to enhanced pecuniary jurisdiction. The transfer was ordered under Rule 6 Chapter 13 of the Delhi High Court Rules, which mandates that the presiding…

The claimant, a coolie, hired a three‑wheeler auto‑rickshaw (a goods carriage) and was seated beside the driver when the vehicle overturned, causing serious injuries. He claimed compensation under Section 166 of the Motor Vehicles Act, asserting that he was covered by the compulsory insurance under Section 147(1) as th…

The appellant filed a suit for specific performance of a sale and later sought to implead a third party, SA, who had already purchased the suit property. SA subsequently sold the property to the respondents, and an ex‑parte decree was passed against the appellant before SA was served with summons. The respondents later…

The appellant was appointed as a chowkidar in a college on a one‑year probationary basis, subject to approval by the Director of Public Instructions, Punjab. The Director refused approval because the appellant did not have Punjabi as a subject in Class VIII, a mandatory qualification, and the college continued to pay h…

Suresh, a clerk appointed in 1974, challenged the seniority list and the promotion of a Development Officer (Respondent No.2) to the post of Senior Manager in Yeotmal District Central Co‑op Bank. The dispute was first heard before the Cooperative Court, which held the promotion illegal, but the Cooperative Appellate Co…

The appellant was convicted of murder under Section 302 IPC and assault under Section 324 IPC for striking the deceased with an axe during a verbal altercation, which also injured the deceased's wife. The appellant argued that the killing occurred in a sudden fight without pre‑meditation, undue advantage, or cruelty, i…

The appellant, Shankar Ragho Bhagane, was convicted by the Sessions Court and the Bombay High Court for the murder of his mother, Girja Ragho Bhagane, under Section 302 of the Indian Penal Code. The prosecution's case rested on the eyewitness testimonies of PW2 (the appellant's sister) and PW3 (the appellant's daughter…

The appellant Jyoti Prakash Rai was convicted of murder under Section 302 IPC for killing a schoolmate on 12 May 2000. At the time of the offence the trial magistrate estimated his age to be about 17 years, but the Juvenile Justice (Care and Protection of Children) Act, 2000 came into force on 1 April 2001, raising the…

The appeal concerned a suit for partition of a family property where the plaintiff claimed that the original owner, Jagannath, had adopted his sister's son, Chandra Bhan, under a custom of the Vaish community that permitted such adoptions. The respondents argued that no such custom existed and that the adoption was inv…

Rexnord Electronics & Control Ltd. obtained two Export Promotion Capital Goods licences requiring export of specified values within five years and furnished a bond undertaking to pay interest on any duty shortfall. The company failed to meet its export obligations, leading to demand notices for customs duty plus 15% in…

Moni Shankar, a booking supervisor with Central Railways, was caught in a decoy check and was found to have overcharged a passenger by Rs.5. A departmental proceeding found him guilty and imposed a penalty of reduction to the lowest pay scale; his appeal and revision were dismissed. He filed an application before the C…

The appellants, bus owners, applied for stage carriage permits under the Motor Vehicles Act, 1988 before the Regional Transport Authority (RTA). Respondent No.4, a politically connected bus operator, bypassed the RTA and sought the permit directly from the Chief Minister, who issued an order approving the permit. The D…

The appellant, owner of a cinema theatre, entered into a sale agreement with the respondent for Rs. 94 lakh, of which Rs. 32.97 lakh was paid. The respondent filed a suit for specific performance, relying on a receipt (Ex A.15) for a further Rs. 4.03 lakh and claiming possession of the property. The trial court dismiss…

The respondent, Vinayaga Body Building Industry Ltd, manufactured motor cabs on duty‑paid chassis with a seating capacity of 12 passengers plus a driver. The chassis were invoiced by the manufacturer under sub‑heading 8706.29, but the Revenue classified the completed cabs under sub‑heading 8702.10, attracting a 1% Nati…

Kalyan Banerjee, an employee of Eastern Coalfields Ltd., was appointed and later terminated in the Mugma area of Jharkhand. He filed a writ petition in the Calcutta High Court challenging his dismissal, arguing that the High Court had jurisdiction because the company's head office is located in West Bengal. The questio…

The plaintiff, Jagiru, a tonga driver, died after his vehicle collided with a tractor driven by Sushil Kumar. The plaintiffs filed a claim for compensation under Section 110‑A of the Motor Vehicles Act, 1939. The insurer argued it was not liable because the tractor driver did not possess a valid licence, which the driv…

The appellants, original owners of land declared surplus under the Urban Land Ceiling Act, 1976, challenged the allotment of that land to weaker sections. An earlier appeal against the surplus declaration was dismissed in 1988, but the appellants later filed another appeal in 1995, suppressing the fact of the 1988 orde…

The petitioner, a graduate of the University of Mumbai who also held an LL.M., filed a writ petition seeking inclusion of his name in the electoral roll for Senate elections, arguing that the term “Graduate of the University” under the Maharashtra Universities Act, 1994 should include persons who earned a postgraduate …

Jagatamba Devi, a Gram Panchayat Pradhan, filed a private complaint under IPC sections 332, 353 and 504/506 against Hem Ram and others for assaulting her while she was performing official duties. After the magistrate issued summons, an Executive Magistrate consigned the case file, deeming it time‑barred, and the accuse…

The Supreme Court examined a civil appeal filed by the Director General of Works, CPWD, challenging the Delhi High Court's dismissal of a Letter Patent Appeal. The High Court had dismissed the appeal merely by referring to its earlier decision in Surinder Singh & Anr. v. The Engineer in Chief CPWD, without demonstratin…

The Industrial Development Corporation of Orissa Ltd. (IDCOL) invited technical bids for a chromite deposit joint‑venture project. The technical bids of VISA and TISCO were rejected at the threshold, and Jindal was selected, prompting VISA and TISCO to file writ petitions. The Orissa High Court set aside IDCOL's decisi…

The Supreme Court considered the appeals of Narayan Ghosh and Sankar Adeya, accused of murder, criminal conspiracy and offences under the Arms Act in the killing of councilor Tapas Mitra at Puri. After being released on interim bail by the Calcutta High Court, they surrendered and applied for regular bail, which was re…

The petitioners, Radio Mechanics of the Assam Rifles, claimed that they were denied parity in rank and pay with their counterparts in other central paramilitary forces, despite an admitted disparity and a Ministry of Home Affairs order to rationalise pay structures. The Union of India argued that pay fixation is an exe…

Nirlex Spares Pvt. Ltd., a small‑scale manufacturer of steel heads, printed a hexagonal artistic design on its corrugated boxes alongside its own brand names. The tax authorities held that the design was a monogram belonging to its marketing agent, L.M.S. Marketing Co., and therefore denied the exemption under Notifica…

An arbitrator awarded interest to the claimant, specifying 10% simple interest from the award date and 18% simple interest in case of default from 1‑Feb‑1994. The High Court made the award a rule of court and ordered that the award amount, together with interest at 18% per annum, be paid from the date of the decree (30…

The Supreme Court examined whether Infosys Technologies Ltd. was required to deduct tax under Section 192 of the Income Tax Act on the benefit employees derived from an Employees Stock Option Scheme (ESOP) for the assessment years 1997-98, 1998-99 and 1999-2000. The Court held that, at that time, there was no provision…

The Reserve Bank of India (RBI) inspected Kalidasa Cooperative Bank and, after finding serious irregularities, requisitioned the Registrar of Cooperative Societies under s.30(5) of the Karnataka Co‑operative Societies Act, 1959 to supersede the bank’s Board of Directors and appoint an administrator. The Registrar issue…

Bhagwan Dass, a Class IV lineman of the Punjab State Electricity Board, became completely blind while in service. He wrote a letter explaining his absence and requesting retirement, also asking that his wife be employed in his place. The Board interpreted the letter as a voluntary retirement request and terminated his …

The plaintiffs, heirs of a deceased partner, sued the defendants for a declaration that a partnership deed dated 17‑Feb‑1992, which omitted the deceased partner, was illegal and void, and for rendition of accounts and share of profits. The defendants sought to stay the suit and refer the dispute to arbitration, invokin…

The Supreme Court heard two civil appeals concerning the claim of exemption from excise duty for cotton fabrics processed without the aid of power under various notifications. In both cases the appellants used electric power for ancillary operations such as mixing chemicals, lifting water and pouring it into bleaching …

The appellants were convicted of murder under Section 302 read with Section 34 of the IPC for assaulting the deceased with lathis, causing fatal head injuries. On appeal, the High Court, assisted by a Government Advocate, re‑examined the record ex parte and altered the conviction to culpable homicide not amounting to m…

The State of Uttar Pradesh alleged that a gang of six persons assembled in a grove to commit dacoity and were arrested after a police operation that recovered unlicensed firearms. The trial court convicted them under IPC sections 399 and 402 and Section 27 of the Arms Act, relying on the testimony of two police witness…

The Supreme Court examined the conviction of thirteen accused for gang rape under IPC s.376(2)(g) based largely on the victim's testimony, her mother's statements, and semen‑stained underwear. The Court found that the victim showed no physical injuries, her statements were inconsistent, and her character was questionab…

The accused Prabhu, Jagdish and Nanhe Lal attacked Shankar; Nanhe wielded a sharp katana while Prabhu and Jagdish used lathis. Shankar sustained fourteen injuries, including incised wounds, and died from extensive hemorrhage. The trial court convicted all under s.302 r.w. s.34 IPC, but the Madhya Pradesh High Court alt…

The Supreme Court examined appeals against a Patna High Court order that had confirmed a death sentence awarded to Krishna Singh for murder under Sections 302 and 149 of the IPC. The appellants contended that the High Court’s findings were based on conjecture, particularly questioning the credibility of two eye‑witness…

The petitioner, Arun B. Khanjire, disputed his liability for loans taken from ICHALKARANJI URBAN CO-OP BANK Ltd. and faced recovery proceedings under Section 101 of the Maharashtra Co-operative Societies Act, 1960. The Assistant Registrar issued recovery certificates, which the petitioner challenged through writ petiti…

The appeal concerned the validity of a Will (Ext.83) and a Gift Deed (Ext.82) executed by the deceased Chathu in favour of his son K. Laxmanan. The appellant was required to prove the genuineness and execution of both documents under Sections 68 and 69 of the Indian Evidence Act, 1872. Because one attesting witness to …

The State of Andhra Pradesh acquired five acres of land in 1978 under the Land Acquisition Act, 1894. After a series of writ petitions and appeals, the parties entered into a Memorandum of Settlement (MOU) in 1992, stipulating that compensation determined by a Subordinate Judge must be paid within eight weeks, otherwis…

The Supreme Court examined an appeal by the Deputy Commissioner of Income Tax challenging a Special Court order that scaled down the tax priority claim against the assets of Harshad S. Mehta, a notified person under the Special Court Act, 1992. The Income Tax Department argued that the Special Court lacked jurisdiction…

Indian Charge Chrome Ltd. sought specific performance of a contract to purchase government land. The land, originally granted to a third party, required State Government permission for transfer. The State Government refused permission, leading to a writ petition in the Orissa High Court, which set aside the refusal and…

The Union of India and others filed a writ petition challenging the seizure of goods belonging to M/s Kundan Rice Mills Ltd., and the High Court, while hearing the interim application, passed a categorical finding that the goods were not liable to confiscation. The High Court also imposed conditions of furnishing an in…

The appellants, owners of land acquired for a public project, obtained a compensation award which was later enhanced by a Reference Court. The State Government communicated its decision to acquiesce in the enhanced award to the beneficiary (respondent No.1), who nevertheless failed to file an appeal within the prescrib…

The appellants, employees of Citibank/CWA, were implicated in an FIR alleging fraud under Sections 406, 420 and 120B IPC. They sought quashing of the FIR and anticipatory bail under Section 438 of the Cr.P.C., arguing that the allegations were civil in nature and that they would cooperate with the investigation. The Hi…

M.M.T.C. Limited appealed to the Supreme Court against a judgment of a Single Judge of the Madhya Pradesh High Court who had exercised supervisory jurisdiction under Article 227 of the Constitution. The issue was whether a Letters Patent Appeal (LPA) could be filed against such an order, especially after the Supreme Co…

The appellant, accused of an offence under Section 138 of the Negotiable Instruments Act, filed a petition under Section 482 of the CrPC seeking to quash proceedings in the Mangalore court, arguing that the court lacked jurisdiction because the constituent acts of the offence occurred in different places (Bangalore and…

The respondent filed a suit under Order 37 of the Code of Civil Procedure, 1908 for recovery of Euro 757,885.42. The defendant raised triable issues and admitted part of the claim; the trial court gave unconditional leave to defend. The Karnataka High Court modified this to conditional leave, allowing defence of Euro 3…

The respondent was appointed as a sweeper‑cum‑water carrier on a monthly wage in 1986 and worked daily until about 5 p.m., effectively on a full‑time basis despite being described as part‑time. His services were terminated in March 1989 and he sought regularisation and protection under the Industrial Disputes Act, 1947…

The appellant, a director of a construction firm, had obtained a large loan from a bank that later went into liquidation. The bank filed a liquidation suit and criminal proceedings for default. The appellant was granted temporary bail with conditions, but the High Court later vacated the bail and re‑imprisoned him. The…

Rajesh Mahatha was arrested for offences under Sections 304B and 306 of the IPC and claimed to be a juvenile, seeking protection under the Juvenile Justice (Care and Protection of Children) Act, 2000. The Juvenile Justice Board, after obtaining a medical board opinion that his age was between 17‑18 years and noting a v…

The Union of India initiated customs proceedings against Padam Narain Agarwal and others for alleged export fraud, issuing summons under Section 108 of the Customs Act to record their statements. The respondents, refusing to cooperate, were later charged with offences under Sections 174 and 175 of the IPC, and they app…

Sanghi Brothers (Indore) Pvt Ltd filed a complaint alleging that the directors of Chetak Construction Ltd had taken vehicles on lease and later sold eight of them, constituting cheating and criminal breach of trust under IPC sections 420 and 406 read with section 34. The trial magistrate framed charges, but the Madhya …

The respondent, a Development Officer of the Andhra Pradesh Khadi and Village Industries Board, was caught demanding and receiving a Rs.500 bribe from a loan applicant (PW‑1) to revive a lapsed loan. The trial court convicted him under Sections 13(2) and 13(1)(d)(i) of the Prevention of Corruption Act, 1988, sentencing…

The State of Uttar Pradesh charged Ram Balak and another with the rape and murder of a 14‑year‑old girl, invoking IPC sections 376, 302 and 201. The trial court convicted them on the basis of five circumstantial points, including a dog‑tracking lead and an alleged extra‑judicial confession, and sentenced them to death,…

The appellant Rajesh Kumar and his brother Surjit Singh attacked the deceased Ravinder Kumar; Surjit inflicted a fatal head wound with a drat while Rajesh struck non‑vital parts with a danda. After the assault, a witness seized the danda from Rajesh and threw it away, and Rajesh fled without picking it up. The trial co…

M/s. KLM Royal Dutch Airlines appealed against an order of the MRTP Commission that held it guilty of unfair trade practice for a deficiency in cargo service. The complainant alleged that two parcels were delayed, causing loss, and the Commission treated the delay as an unfair trade practice under Sections 36A(ii), (iv…

Two Lower Division Clerks, Rajinder Pal Singh Lamba and V.K. Garg, applied for promotion to Upper Division Clerk in 1986‑87 under Rule VI of Chapter 18‑A of the High Court Rules, which was framed under s.35(3) of the Punjab Courts Act, 1918. Their applications were rejected; the High Court later deemed them promoted re…

The appellant Rukmini Narvekar filed a criminal complaint alleging that advocate Ranjit Satardekar fraudulently obtained her signature on a Power of Attorney and used it to sell her property to his wife Vijaya Satardekar. The High Court quashed the criminal proceedings against both accused, relying on evidence from a r…

The appellant, Dr. B.C. MylarpPA, was appointed Professor of Sociology at Bangalore University after a Board of Appointment, comprising academic experts, counted his eight years of lecturing and five years of research assistant experience to satisfy the 10‑year post‑graduate teaching/research requirement. Respondents c…

C. Jacob, a former drill helper who joined service in 1967, was terminated in 1982 for unauthorized absence and private employment. After an 18‑year gap he filed representations in 2000 seeking reinstatement, which were rejected, leading him to file a writ petition for pension benefits. The High Court declared his term…

The case concerned Shyamadas Banerjee, a sitting MLA who was alleged to have forged medical bills in 1999. Although the offence was committed while he was an MLA, he ceased to be a member of the State Legislature in July 2000, long before a charge‑sheet was filed in 2003 and cognizance was taken by a Special Judge unde…

Camlin Limited manufactures various inks, including marker inks and other inks used in pens. The Central Excise Tariff classifies "writing inks" under CSH 3215.10 (nil duty) and "other inks" under CSH 3215.90 (16% duty). The Tribunal, relying on the Harmonised System of Nomenclature (HSN), placed marker inks in the lat…

The case arose from a family dispute between two brothers who were shareholders of a family concern. The petitioners filed a company petition under Sections 397 and 398 of the Companies Act alleging mis‑management and sought to compel the respondents to buy their shares at a price fixed by a valuer appointed by the Com…