Judgments of 2008

The Collector of Bihar reopened a land‑ceiling proceeding under Section 45‑B of the Bihar Land Reforms Act without giving notice or a hearing to the land‑holder, Sarju Madhav Rastogi. The proceeding was transferred to the Additional Collector, who after a brief appearance by the deceased land‑holder, issued notices in …

The appellant Daya Nand was convicted by the trial court and the High Court for murder under Section 302 IPC and Section 27 of the Arms Act for firing a shotgun that killed Chhajju Ram during an irrigation dispute. The Supreme Court examined whether the facts satisfied the statutory definition of murder under Section 3…

The testator executed a will on 9 September 1991 and died on 5 October 1995. A probate petition filed by a respondent was withdrawn on 9 August 1999, after which respondents 1‑3 filed a petition for letters of administration on 7 August 2002. The appellant argued that the petition was barred by the three‑year limitatio…

Two candidates who had cleared the written examination for the Delhi Higher Judicial Service filed writ petitions under Article 32, alleging that the High Court of Delhi illegally introduced minimum qualifying marks for the viva‑voce after the selection process had begun, thereby excluding them from the merit list. The…

The respondent, S. Rajulu, was employed as a packer by Aurofood Pvt. Ltd. and was suspended in 1981 for alleged misconduct, including insolent and filthy language towards superiors and a lady supervisor. A domestic enquiry found him guilty on two charges and the employer dismissed him after an unsatisfactory show‑cause…

The Supreme Court examined the legality of the General Insurance (Rationalisation of Pay Scales and Other Conditions of Service of Development Staff) Amendment Scheme, 2003, which altered cost‑ratio calculations, incentive structures, transfer policies and career prospects for Development Officers. The petitioners argu…

The Supreme Court examined whether Section 14 of the Limitation Act, 1963, which excludes time spent prosecuting a proceeding in a wrong court, applies to an application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside an arbitral award. It held that while Section 5 of the Limitation Act…

Renu Kumari, the wife of Respondent No.3, filed a complaint under Section 498A IPC and Sections 3 & 4 of the Dowry Prohibition Act alleging dowry harassment. The police registered an FIR and a charge‑sheet was filed. The respondents sought discharge under Section 239 CrPC, which was rejected, and their revision was dis…

Moriroku UT India (P) Ltd., a manufacturer of plastic automobile components, received tools, dies and moulds free of cost from its customer Honda Siel Cars India Ltd. to produce components. The Uttar Pradesh Tax Department levied trade tax under Section 3 of the U.P. Trade Tax Act, 1948 on the amortisation cost of thes…

An FIR was lodged against several persons, including the appellant Kailash, for offences under various IPC sections, but Kailash was not named in the charge‑sheet. During trial the complainant moved an application under Section 319 of the Code of Criminal Procedure seeking to join Kailash as an accused. The trial court…

The trial court convicted Shantabai, her husband Sajan and their son Govind for the murder of Gunwant Dhumale based solely on circumstantial evidence, including an alleged illicit relationship and the discovery of the dead body in front of their house. The High Court affirmed the conviction, but the Supreme Court exami…

Vinay D. Nagar was convicted for the murder of Kalu, a chowkidar who had been a prime witness in an abduction case against Nagar. The prosecution relied on circumstantial evidence and on Kalu's statement recorded under Section 161 of the CrPC to establish motive. The Supreme Court examined whether that statement could …

The respondent, an Inspector of the Railway Protection Force, was suspended on allegations of misconduct and faced a departmental inquiry. He sought to have a friend assist him, but Rule 153(8) of the Railway Protection Force Rules, 1987 barred the friend from addressing the Inquiry Officer or cross‑examining witnesses…

The Supreme Court examined a second appeal filed under Section 100 of the Code of Civil Procedure, 1908, by Kashmir Singh against Harnam Singh & Anr. The High Court had allowed the appeal without formulating any substantial question of law, contrary to the statutory requirement. The Court clarified the meaning of a "su…

The appellant, Reshma Bano, sister of an accused in a kidnapping case, filed a writ petition under Section 482 of the CrPC and Article 226 of the Constitution seeking to quash criminal proceedings initiated against her on the basis of FIR No. 316 of 2007. The FIR merely noted that questioning the sister might be advant…

The respondent, a former peon of K.L.E. Society, filed a private complaint alleging offences under IPC ss.403, 405 and 415 r/w s.34, claiming that salary deductions were made without justification. The Judicial Magistrate took cognizance and issued process, prompting the society to move the Karnataka High Court under s…

The appellant, married to the first respondent, alleged dowry harassment and a FIR was lodged under sections 498A, 323, 504, 506 IPC and sections 3 and 4 of the Dowry Prohibition Act. The respondents filed a writ petition under Article 226 seeking quash of the FIR and a stay of arrest. The Allahabad High Court refused …

In Najib & Ors. v. State of Kerala, the Supreme Court examined whether land held by a Madrassa, declared as a Wakf, could be exempted from land‑ceiling provisions under Section 81(1)(t)(iii) of the Kerala Land Reforms Act, 1963. The Taluk Land Board had exempted 2.67,250 acres based on a report that the income was used…

Bhaurao Punjabrao Gawande, a petroleum transporter, was alleged to have repeatedly engaged in black‑marketing of kerosene and faced several prosecutions under the Essential Commodities Act, 1955. The Commissioner of Police, acting under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodit…

Eight acres of land were granted in 1957 to two brothers under the Karnataka Land Revenue Code with a condition that it could not be alienated for ten years. The land was sold in 1965‑66 and again in 1981, before the ten‑year restriction expired. After the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of…

The accused were tried for offences under several IPC sections, including arson and assault, and were acquitted by the trial court. The State of Himachal Pradesh sought leave to appeal the acquittal under Section 378 of the CrPC, but the High Court dismissed the application with a one‑word order, "Dismissed," without p…

The appellants, husband and parents‑in‑law of a married woman who died by self‑immolation, were tried for offences under Sections 3048 and 498A of the IPC. The trial court acquitted them of the dowry‑death charge under Section 3048 but convicted them under Section 498A for cruelty that allegedly drove the woman to suic…

The case involved six accused persons charged under IPC sections 302, 149 and 148 for the murder of four individuals. The trial court convicted four of the accused and sentenced them to death. The Allahabad High Court, however, acquitted the accused and dismissed the State's appeal. The complainant (informant) and the …

The respondents, M/s National Industrial Corporation Ltd., used paddy husk as fuel and were assessed sales tax under various Uttar Pradesh Trade Tax notifications. They contended that paddy husk was first included as a taxable commodity only by the notification dated 6 June 1996, and that earlier assessments were inval…

Visa International Ltd. and Continental Resources (USA) Ltd. entered into a Memorandum of Understanding (14‑Feb‑2005) and a subsequent agreement (15‑Feb‑2005) to set up an integrated aluminium complex, containing Clause VI which provided that any dispute not settled amicably would be finally settled under the Arbitrati…

The appellant, owner of land reserved for a college under a development plan, sought release of the land after the college was disaffiliated. The land had not been acquired within the ten‑year period prescribed by Section 127 of the Maharashtra Regional and Town Planning Act, 1966, nor were any acquisition steps taken …

The appellant Vishwambhar Narayan Jadhav was attacked with acid on a bus, sustaining serious burns. He was convicted by the trial court under Section 326 of the Indian Penal Code and sentenced to three years' rigorous imprisonment and a fine of Rs.3,000. The conviction and sentence were affirmed by the Additional Sessi…

The Delhi Transport Corporation (DTC) introduced a Voluntary Retirement Scheme (VRS) in 1995 that expressly stated employees opting for the scheme would not be entitled to a pension. Mool Chand, the respondent, retired under this scheme. The Delhi High Court had held that despite the scheme's terms, the respondent was …

The case concerned the seniority of a Junior Assistant who moved from a Category‑11 post in a subordinate Commercial Tax office to a Category‑10 post in the Head of Department's office under the Andhra Pradesh Ministerial Service Rules. The employee claimed that his seniority in the new post should be counted from his …

The case involved a partition suit concerning a residential house and the business of Bombay Cycle Company. The trial court passed a preliminary decree granting each party a one‑third share in the house, but later the parties sought to include the business assets in the partition. The High Court set aside the decree, h…

Novartis India Ltd. transferred three senior sales representatives to distant locations; they refused to report, filed representations and civil suits, and were terminated without a domestic inquiry. The workmen raised an industrial dispute; the Industrial Tribunal held the termination illegal, denied reinstatement bec…

The appellant, United India Insurance Co., had issued a motor vehicle insurance policy for a truck owned by the deceased Atma Ram Sharma, with renewals effected by the bank that held a hypothecation on the vehicle. After Sharma's death in 1991, the registration was not transferred and the policy continued in his name. …

The dispute arose from a Will executed by Bishan Sahai Vidyarthi in 1965, which set aside Rs.30,000 for the benefit of his widowed daughter‑in‑law Chandramukhi and her son Narendra Gopal Vidyarthi. Within a month the testator purchased an immovable property with that amount. After the testator's death, the property was…

The trial court acquitted the accused of murder, but the High Court convicted them under Sections 302 read with 149 and 148 of the IPC. The appellants argued that the FIR was lodged late, that the eye‑witnesses (PW‑1 and PW‑4) gave contradictory and unreliable statements, that their testimony conflicted with the post‑m…

The appellant filed a suit for permanent and temporary injunction in 2002. The respondents, served with summons, repeatedly sought extensions to file their written statement under Order 8 Rule 10 of the CPC, but the trial court rejected their application and set a date for recording evidence. The respondents filed a re…

The appellant applied for a self‑financing flat under a Delhi Development Authority scheme, paid the first four instalments and was allotted a flat. The DOA issued a show‑cause notice for non‑payment of the fifth instalment and claimed that a demand letter dated 11‑Sept‑1996 had been served, invoking the statutory pres…

The New India Co‑op Housing Society Ltd. (appellant) expelled a lessee (respondent No.2) for constructing a building in violation of clause 3(6) of the 1973 lease deed, which required a written NOC from the society before any structural alteration. The lessee proceeded with an amended plan without obtaining such NOC, p…

The respondents filed a criminal petition under Section 482 CrPC seeking transfer of a state police investigation to the CBI. The Madras High Court dismissed the petition in 2001, refusing the transfer. After three years, the DSP of SBCID filed an application in the same disposed petition seeking to modify the order, a…

The appellant, Madan Kishore, claimed that as a sub‑tenant he was entitled to acquire proprietary rights over land under the Himachal Pradesh Abolition of Big Landed Estates and Reforms Act, 1953, and that a Compensation Officer had validly conferred such rights on him. The Supreme Court examined the scheme of the Act,…

Enron Oil & Gas India Ltd (EOGIL), a foreign company and operator under a Production Sharing Contract (PSC) with the Government of India, claimed foreign exchange losses arising from currency translation of cash calls and expenses in its profit and loss account for AY 1999‑2000. The Assessing Officer disallowed the ded…

Dr. Anahita Pandole filed a writ petition challenging the Mumbai Municipal Corporation's permission to advertising agencies for displaying mobile hoarding advertisements, alleging traffic hazards, environmental damage and harm to heritage buildings. The Bombay High Court directed that such mobile hoarding vehicles shou…

The appellant, M.V. Janardhan Reddy, purchased a property of a company in liquidation at a public auction. The sale was to be confirmed by the Company Court, but the Recovery Officer of the Debt Recovery Tribunal confirmed it without court approval. The Company Court later set aside the sale, a decision upheld by the H…

The Uttar Pradesh State Mineral Development Corporation decided to retrench about half of its workforce, prompting the employees' Samiti to file a writ petition under Article 226 seeking absorption in other government departments or public sector undertakings and compensation. The Allahabad High Court entertained the p…

The appellant, a tenant of a plot acquired for a road‑widening scheme, challenged the final allotment of re‑allotted plots on the ground that he had not been served a special notice as required by Sections 52 and 53 of the Gujarat Town Planning and Urban Development Act. The Court held that Rule 26 of the Gujarat Town …

In December 1992, during communal riots triggered by the demolition of the Babri Masjid, an armed mob entered the house of Taheruddin, killing his wife and two young daughters and injuring several family members. The trial court convicted eight accused under IPC sections 302, 134 and 448, but the High Court upheld conv…

The case involved S.N. Goyal, a Branch Manager of State Bank of India, who was found guilty of temporarily misappropriating customers' funds. The disciplinary authority first recommended a reduction in pay, which the appointing authority tentatively approved but did not communicate. After consulting the bank’s Chief Vi…

Mavji C. Lakum, a long‑serving peon of Central Bank of India, was repeatedly disciplined and eventually discharged for alleged misconduct. The Industrial Tribunal, exercising its power under Section 11‑A of the Industrial Disputes Act, held that the departmental inquiry was fair but the punishment of discharge was disp…

The plaintiff sold a 7200 sq.ft. land to the appellants who paid only part of the consideration, leading to a suit for recovery of the balance. The trial court issued a preliminary decree under Order XII Rule 6 CPC ordering payment and allowing execution by sale of the charged property. During execution, the appellants…

Swarn K. Jain filed a suit for possession of his land alleging that the defendants had encroached upon it and erected a boundary wall. The defendants contended that the plaintiff was estopped from suing because he had received the full sale consideration and deliberately omitted when the cause of action arose. The Jamm…

The Woodburn Park Co‑op. Housing Society owned two plots and sought to construct multistoried buildings for its members. A dispute arose between members and the Managing Committee, leading the Calcutta High Court to direct the Registrar of Cooperative Societies to divide the Society’s assets and liabilities. The Regist…

The appellant, Prajeet Kumar Singh, who had been living with the family of the informant for four years, was convicted of brutally murdering three children (ages 8, 15 and 16) and assaulting the parents and another child with a dagger. The prosecution relied on the testimony of three injured eyewitnesses who were also …

Baldev Singh was convicted by the trial court and the High Court for murder (Sec. 302 IPC) and outraging modesty (Sec. 354 IPC) based largely on circumstantial evidence such as injuries on his body, recovered chappals and utensils, and alleged extra‑judicial confessions. The Supreme Court examined whether these circums…

The appellant, Mohindra Hire Purchase, filed a complaint under Section 138 of the Negotiable Instruments Act leading to the accused's acquittal. The appellant then sought special leave to appeal the acquittal under Section 378 of the Code of Criminal Procedure. The Punjab and Haryana High Court dismissed the applicatio…

The incident occurred on 19 March 1984 when a mob of labourers attacked police personnel at the Iron Ore Plot in Paradeep, resulting in the deaths of five police officers. Six accused were convicted by the trial court on the basis of eye‑witness testimony of Havaldar U.C. Jena (PW‑2) and another police witness (PW‑8). …

The Supreme Court examined an appeal filed by the State under Section 378(1) and (3) of the Code of Criminal Procedure, 1973 against the acquittal of Batcu Venkatehswarlu and others by a trial court. The Court held that an appellate court has full power to re‑appreciate, review and reconsider the entire evidence and re…

The appellants Chaman, Vinod Kumar and Naresh entered the deceased Jaswant Singh's house armed with weapons, assaulted him and caused his death. They were convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to life imprisonment, with Vinod also convicted under Section 323. On appeal …

The case arose from the death of Anita, who allegedly committed suicide after her husband Vijay and mother‑in‑law Suman demanded dowry. The prosecution relied on a letter (Exhibit 19) written by Anita to her father, which mentioned a demand for a gold ring by the mother‑in‑law. The trial court convicted only the mother…

The plaintiff filed a suit for recovery of Rs 9,48,143 relating to consignments and samples supplied. The defendants sought to refer the dispute to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, relying on three invoices issued by a proprietary concern of one defendant that contained an arbi…

The petitioners, accused under the Prevention of Terrorism Act (POTA) and other offences, had their bail applications rejected by Special POTA Courts. The Supreme Court, upholding the constitutionality of sections 2(3) and 5 of the Prevention of Terrorism (Repeal) Act, 2004, deemed the POTA cases withdrawn. Consequentl…

The appellant, a driver for the Cantonment Board, was injured in a road accident and claimed Rs 17.94 lakh under Section 166 of the Motor Vehicles Act, 1988 for permanent disability and loss of earnings. The Motor Accident Claims Tribunal awarded Rs 85,000, which the High Court enhanced to Rs 3,75,000 on the basis of a…

M/s Unissi (India) Pvt Ltd entered into a tender with the Post Graduate Institute of Medical Education & Research (PGI) for the purchase of pulse oximeters. The tender documents contained an arbitration clause. PGI accepted the tender, the goods were supplied, installed and used for about a year, after which PGI return…

The State appealed the acquittal of Sait & Krishnakumar, who had been convicted by a Sessions Court of murder (IPC s.302) and robbery (IPC s.392 r/w s.397) based on the testimony of prosecution witnesses PW‑1 to PW‑3 and PW‑8. The High Court set aside the conviction, holding that PW‑1, PW‑2 and PW‑3 had seen the accuse…

The High Court of Madhya Pradesh acquitted the accused, Mubarik Khan, on the basis that the sole eyewitness (PW5) was unreliable and that there was a considerable delay in forwarding the FIR to the magistrate. The State appealed to the Supreme Court under Article 136, challenging the acquittal. The Supreme Court examin…

The Sessions Judge convicted Palanisamy (Selvan) for murder under s.302 IPC based on two pieces of circumstantial evidence: witnesses 1 and 2 who claimed to have seen the deceased with the accused at 11 p.m. on a dark night, and an alleged extra‑judicial confession made to the village head (PW‑3) on the following morni…

Talwara Cooperative Credit & Service Society Ltd terminated clerk Sushil Kumar after two short spells of employment (1987-1990 and 1995-1997) citing financial losses. The Labour Court awarded reinstatement with full back wages, which the High Court upheld. The Society appealed to the Supreme Court, arguing that reinsta…

B.M. Malani, a money‑lender who also traded in shares, had shares and a demand draft seized during a raid. He offered to pay his tax liability by selling the seized shares and requested the Income‑Tax Authority to dispose of them, but the request was ignored. The Department later levied interest under s.220(2) of the I…

The case concerned admission to medical colleges in Maharashtra under the MHT‑CET 2006 preference system. Respondent No.1, Sneha Satyanarayan Agrawal, was allotted a seat at GMC Yavatmal (merit rank 963) and claimed that higher‑ranked candidates (ranks 869 and 844) were improperly placed at IGMC Nagpur, depriving her o…

The Municipal Corporation of Ludhiana issued a series of notices, including a demolition notice under Sections 269 and 270 of the Punjab Municipal Corporation Act, 1976, against a marriage hall constructed by the late Hira Devi. The notices were served in the name of the deceased, were vague, and failed to describe the…

The State of Maharashtra appealed against a Bombay High Court judgment that had struck down sections 13‑16 of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) and the words “or under any other Act” in section 21(5) as unconstitutional. The Supreme Court examined whether the State could legislate on intercep…

In a suit for specific performance of a sale of immovable property, the parties entered into an oral agreement and later produced a written document containing the terms and conditions of that agreement along with rent receipts. The trial court refused to impound the documents, holding they were not instruments requiri…

The case arose from the murder of Devi Lal, who was killed by Gajanand with an axe while a dispute over grazing goats escalated. The trial court convicted Gajanand under s.302 IPC and sentenced him to life imprisonment, but the Rajasthan High Court acquitted him, accepting his claim of exercising the right of private d…

The State of Kerala appealed a trial court acquittal of Valson and others for offences including murder (IPC s.302) and assault (s.324) read with s.34. The High Court reversed the acquittal, convicting two accused and sentencing them to life imprisonment. The Supreme Court examined the scope of appellate power under Cr…

The appellants, constables in the Jammu & Kashmir Police, sought appointment as Sub‑Inspectors under the 50% direct recruitment quota by invoking Regulation 174 of the Police Manual. One constable, Abdul Rashid Rather, had earlier obtained such appointment through a Single Judge’s order, which was affirmed by the High …

The appellant had taken a loan and issued post‑dated cheques which were later dishonoured; a legal notice was sent on 17‑01‑2001 and a complaint under Section 138 of the Negotiable Instruments Act was filed on 20‑04‑2001, later amended to include Section 420 IPC. The High Court held that the amendment to Section 142(b)…

A truck owned by Respondent No.1 and driven by Respondent No.2, insured by Respondent No.3, collided with a car, causing the death of the car occupant. The claimants filed a compensation claim under s.166 of the Motor Vehicles Act, 1988 and the Accident Claims Tribunal awarded Rs.13,32,000, holding that the driver lack…

The case arose from a motor accident on 27 January 1996 in which two relatives of the claimant died or were injured, leading the dependents to claim compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation and held United Indian Insurance Co. Ltd. liable to…

The appellants issued cheques for a Rs 2,00,000 loan which were dishonoured, leading to criminal proceedings under Sections 138 and 142 of the Negotiable Instruments Act. They were convicted, fined Rs 2,10,000 and the criminal court, invoking Section 357 of the CrPC, directed that Rs 2,00,000 be paid as compensation to…

The appellant, a dealer in aluminium household utensils, purchased old aluminium vessels and scrap which were processed into new utensils. The issue was whether the purchase turnover of such scrap and old utensils fell under Entry 5 (aluminium household utensils) or Entry 83 (metal scraps) of the First Schedule of the …

The Wakf instituted suits for recovery of possession of certain properties, which the appellants claimed were private and barred by limitation under Article 134‑B of the Limitation Act, 1908, also pleading adverse possession. The trial court held the properties were Wakf property and barred by limitation; the first app…

Bharat Glass Tube Ltd. sought cancellation of Gopal Glass Works Ltd.'s design registration (Design No. 190336) on the ground that the design was not new or original, alleging prior publication in Germany and the United Kingdom. The Assistant Controller cancelled the registration, but the Calcutta High Court set aside t…

The plaintiff entered into a sale agreement with the first defendant, paid earnest money but failed to pay the balance, and filed a suit for specific performance on May 3, 1975. Two days later the first defendant sold the same property to the appellant for a higher price and gave possession. The trial court dismissed t…

The appellant, a Sub‑Inspector, was punished for dereliction of duty after a Head Constable under his charge was caught transporting liquor in a government vehicle. While the Head Constable was later exonerated in criminal court and his departmental punishment set aside, the appellant's punishment of stopping two futur…

Sudhir Kumar Bhalla, a partner of a trading firm, issued six cheques to Jagdish Chand and his wife Ramesh Rani for payment of goods. Five of the cheques were dishonoured, leading the respondents to file complaints under Section 138 of the Negotiable Instruments Act and various provisions of the IPC. The trial court acq…

The plaintiff, Mahant Dooj Das (deceased) through legal representatives, sued to declare title and cancel a sale deed concerning lands he claimed as heir and successor of Mahant Tahal Dass. The defendants argued that the lands were agricultural areas demarcated under the Uttar Pradesh Urban Areas Zamindari Abolition an…

The appellant filed a testamentary petition for letters of administration of her late husband's estate, which was converted into a testamentary suit after respondent No.1 filed a caveat. Respondent No.2, the appellant’s counsel, filed a miscellaneous application alleging perjury by the appellant and attached audio cass…

The Commissioner of Central Excise issued a show‑cause notice on 18 January 1999 demanding differential excise duty and penalties from India Thermit Corporation Ltd. (ITCL) and its subsidiary Asiatic Thermics Ltd. (ATL) for alleged mis‑classification, suppression of facts and undervaluation of thermit portions and dry …

Gurcharan Singh, a customs officer, along with others, created fictitious firms to claim a duty drawback of Rs 1.04 crore for allegedly exported readymade garments that were over‑invoiced and of inferior quality. A complaint under Sections 132 and 135 of the Customs Act led to cognizance by a magistrate; the appellant’…

The case concerned retired employees of the Overseas Communication Service who were transferred to Videsh Sanchar Nigam Ltd. (VSNL) and had opted to retain Central Government pension benefits. VSNL paid their pensions based on the IDA pay scales but applied Dearness Relief (DR) at Central Government (CDA) rates, result…

The Supreme Court heard two appeals concerning claims for reimbursement of medical expenses incurred by government employees in non‑government hospitals. In Karnataka, an officer who underwent coronary bypass surgery claimed Rs 1,50,600 but was reimbursed only Rs 39,207; the High Court had allowed his writ petition. In…

V.N. Saxena, an army officer, was terminated from service by the Chief of Army Staff on 13 November 1990. He challenged the termination through a writ petition under Article 226. The Uttarakhand High Court set aside the termination, relying on the Supreme Court’s decision in Major Radha Krishnan, which held that a cour…

In 1999 Godfrey Phillips India Ltd. ran a newspaper and magazine advertisement for its "Red & White" cigarettes featuring actor Akshay Kumar and the slogan "Red & White smokers are one of a kind". Ajay Kumar filed a consumer complaint alleging that the ad constituted an unfair trade practice by detracting from the stat…

The respondent, a law‑books seller, filed a writ petition alleging that the Government of Arunachal Pradesh, through an oral assurance by the then Law Minister, had promised to purchase 500 sets of North Eastern Region Local Acts and Rules. The High Court allowed the petition, holding that the doctrine of promissory es…

The appellant, a defendant in a partition suit, failed to file his written statement within the 30‑day period and beyond the 90‑day limit prescribed by Order 8 Rule 1 of the CPC because his counsel advised him to wait for the outcome of a pending appeal and the case files were not available. Both the trial court and th…

Fourteen persons were alleged to have formed an unlawful assembly and assaulted a victim with deadly weapons, causing grievous injuries that led to his death. The trial court acquitted eleven accused and convicted three under Section 326 of the Indian Penal Code. The High Court upheld the conviction, reasoning that the…

The workman, a senior dumper operator at West Bokaro Colliery of M/s TISCO Ltd., was charged with leaving work without permission and exhibiting indecent, riotous and disorderly behaviour after assaulting a security officer. A domestic inquiry found the charges proved beyond reasonable doubt and recommended dismissal, …

The respondent, Biecco Lawrie Ltd., imported 5,273.156 MT of Superior Kerosene Oil in May 1998, paid full duty and obtained clearance for home consumption under Section 46. Because the oil was highly combustible, it was stored in a private warehouse under Section 49 of the Customs Act. After the 1998‑99 budget raised t…

The appellants filed a writ petition under Article 226 of the Constitution seeking quashment of an FIR alleging offences under Sections 420 and 424 of the IPC and Sections 2 and 3 of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act. The Allahabad High Court dismissed the petition, relying on a ba…

The State of Rajasthan appealed the reduction of the sentence awarded to Madan Singh for raping a 10‑year‑old girl. The trial court imposed the statutory minimum of ten years imprisonment under Section 376(2)(f) of the IPC, but the Rajasthan High Court reduced it to seven years, relying on the accused’s custodial perio…

The appeal arose from land‑ceiling proceedings under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, where the original draft statement was prepared, objections were considered, but final publication was not made. After the 1982 amendment, the matter was taken up afresh unde…

The appellant, a KSRTC bus driver, was injured in a head‑on collision with a private bus and claimed compensation. The Motor Accident Claims Tribunal held that both drivers were jointly negligent and apportioned liability 50:50, reducing the award accordingly. The High Court affirmed the negligence finding but increase…