Judgments of 2009

Kolawana Gram Vikas Kendra, a minority educational institution, appointed teachers without obtaining prior approval from the Gujarat Education Department and sought payment of salaries under a 100% grant. The State refused to grant the no‑objection certificate, leading the institution to file a writ petition which was …

Prasar Bharati issued a tender for two 1 MW transmitters. BECIL and Arraycom submitted technically qualified bids. Arraycom’s financial bid of Rs 51.57 crore stated that Central Sales Tax (CST) was inclusive but also required concessional forms C/D, creating ambiguity. BECIL’s lower bid of Rs 47.35 crore quoted sales t…

Grasim Industries Ltd. and another entered into a dealer and consignment agreement with Mis. Agarwal Steel. A dispute over a joint statement of account (Ex.D‑8) was referred to arbitration. The respondent claimed that his signature on Ex.D‑8 was merely a receipt and therefore made under mistake, leading the arbitrator …

The State acquired 38.48 acres of land in Jharsa, Gurgaon, Haryana for a jail under the Land Acquisition Act, 1894. The Land Acquisition Collector initially awarded compensation based on land categories, which the Reference Court enhanced uniformly to Rs 36.20 per square yard. The appellants challenged the award, argui…

Shyamal Sengupta, a bank employee, died intestate leaving his widow Shipra Sengupta, his mother Niharbala Sengupta and his brothers as survivors. He had earlier nominated his mother as the nominee for his provident fund accounts. The widow claimed a share of the provident fund, arguing that the nomination was void afte…

The case concerned an Army officer who was diagnosed with schizophrenia and was invalided out in medical category "EEE" with 60% disability. The Medical Board at the Command Hospital opined that the disability was neither attributable to nor aggravated by military service. The officer’s legal representatives filed a wr…

Fertilizers & Chemicals Travancore Ltd challenged a demand notice for employer's contribution under Section 45A of the Employees State Insurance Act, 1948 by filing a petition under Section 75 before the Employees Insurance Court (EIC). The EIC observed that the headload workers employed on a day‑to‑day basis could not…

The appellant, a returned candidate, challenged the High Court's order that upheld an election petition filed by the respondent alleging corrupt practices. The petition claimed the appellant had constructed bore wells and provided ambulances after the election notification, allegedly exceeding the permissible election …

The case concerned whether Hotel Queen Road Pvt. Ltd., a special purpose vehicle, had converted into a public company by resolutions passed on 30 September 2002, which were accompanied by a Form 23 filing and a statement in lieu of prospectus. The conversion would affect the applicability of Section 87(2)(b) of the Com…

The Uttar Pradesh State Road Transport Corporation (the appellant) sought to enforce a scheme of nationalisation that granted it exclusive rights to operate on certain routes and cancelled the permits of private operators. Private operators, including Mohd. Gilman Sharif, challenged the scheme, arguing they were entitl…

Hindustan Copper Ltd challenged an arbitration award dated 28 September 2006 by filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996. The Single Judge of the Jharkhand High Court dismissed the petition as not maintainable, holding that it should have been filed before the appropriate court d…

The Union of India appealed against a Delhi High Court order that set aside the convening of a General Court Martial against former Major Sudershan Gupta. The High Court had held that the Army could not produce records of the convening authority because they were destroyed under a rule mandating a seven‑year retention …

The appellant, father of a woman who died unnaturally within seven years of marriage, challenged the Allahabad High Court's order granting bail to the accused husband, who was charged under IPC s.304B. The High Court had granted bail without providing any reasoning, merely stating that s.1138 of the Evidence Act was in…

Four accused were convicted by a trial court for murder and related offences based largely on the testimony of a nine‑year‑old child witness, the son of the deceased. The Karnataka High Court set aside the conviction, discarding the child’s evidence on the ground that he might have been tutored and because of a delay i…

Citation Infowares Ltd., an Indian company, entered into outsourcing agreements with US‑based Equinox Corp., the last of which (dated 25‑Jan‑2007) stipulated that the contract would be governed by California law and that any dispute would be referred to a mutually agreed arbitrator. After Equinox terminated the agreeme…

The petition filed by Liz Investment Pvt. Ltd. before the Company Law Board (CLB) alleged that the appellant, Pranab Kumar Pal, diverted a corporate opportunity and sought to restrain his resignation as a director. The CLB initially ordered the appointment of three directors by the petitioner and barred the appellant’s…

The dispute concerned 53.95 acres of land in Bhubaneswar that vested in the State of Orissa under a 1954 notification of the Orissa Estate Abolition Act, 1951. The respondent, Harapriya Bisoi, claimed she was a "deemed tenant" because her predecessor had obtained a lease from the erstwhile intermediaries before vesting…

The appellant Tomy and others were charged with assault causing grievous injuries under IPC sections 447, 324, 326 and 506(ii) read with section 34. The trial court, after evaluating the testimony of the complainant and other witnesses, acquitted the accused, finding the prosecution evidence inconsistent and not credib…

During the hearing of a writ petition, four individuals shouted abusive language, threatened judges and one even threw a chappal at the bench in the presence of the Solicitor General and senior counsel. Justice Pasayat ordered their immediate detention and three months' simple imprisonment for contempt of court without…

The Nature Lovers Movement challenged the Kerala government's regularisation of forest land occupied by unauthorised settlers, arguing that Section 2 of the Forest (Conservation) Act, 1980 is not prospective and that the state could assign forest land without Central Government approval. The Supreme Court examined the …

The M.P. Housing Board and Progressive Writers & Publishers entered into three successive agreements concerning the construction and ownership of a press complex. The third agreement of 31 May 1980 required full payment by 31 October 1980, failing which it would be cancelled. The Board alleged the arbitrator exceeded h…

M/s. Century Textiles Industries Ltd. obtained a decree against M/s. Surya Trading Company, Proprietor D.K. Jain. In execution proceedings, Deepak Jain (respondent No.1) objected, claiming he was not the proprietor and thus not liable. The execution court, following a High Court revision order directing an inquiry into…

The complainant, M/s B.S. Agricultural Industries, filed a consumer complaint against State Bank of India on May 5, 1997 alleging deficiency in service for non‑receipt of a demand draft and related documents. The cause of action arose on June 7, 1994 when the bank failed to deliver the draft, making the two‑year limita…

The Supreme Court entertained a contempt petition filed by C. Elumalai & Ors. alleging that the respondents, A.G.L. Irudayaraj & Anr., had willfully violated the Court's order dated 19 March 2007 which directed the Madras High Court to dispose of a suit within six months and refrain from creating any third‑party rights…

The appellant, a police officer, received Rs 12,000 as traveling and daily allowance for a dog‑squad team but failed to disburse the amount to the handlers and remained absent from duty without authorized leave. He was convicted under Section 409 of the Indian Penal Code for criminal breach of trust by a public servant…

The Motor Accident Claims Tribunal awarded Rs 24,033 with interest to Sebastian K. Jacob against National Insurance Co. Ltd., the insurer of the driver involved in a 1995 accident. National Insurance contended that Jacob had already been compensated Rs 21,700 by Oriental Insurance for the same accident and therefore sh…

The Delhi High Court, exercising jurisdiction under Article 226, directed the acquiring authority to pay statutory interest under Section 34 of the Land Acquisition Act to land owners for compensation awarded. The appellant challenged this direction, contending that the Act is a complete code and only Sections 28 and 3…

The State of Bihar appealed against a High Court order that reinstated several employees appointed on an ad‑hoc basis in the Animal Husbandry Department. The Court examined whether those appointments complied with the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 and the constitutional guarantee…

The appellant, V. Subramaniam, filed a suit for dissolution of an unregistered partnership firm against Rajesh Raghunandra Rao. The defendant argued that the suit was barred by Section 69(2A) of the Indian Partnership Act, 1932, inserted by the Maharashtra Amendment Act of 1984, which restricts unregistered firms from …

A passenger named Israel died when a Jeep insured by New India Assurance collided with an uninsured truck. The claimants filed a claim under Sections 166 and 140 of the Motor Vehicles Act. The Motor Accident Claims Tribunal found the truck driver negligent and exonerated the Jeep’s insurer because the Jeep driver was n…

The appellant, a school, appealed an order of the Director of Pre‑University Education granting promotion to an assistant teacher (respondent No.1). The respondent filed a contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971, alleging wilful disobedience of the Director’s order. The Karnataka …

Karuna, the wife of Anand Kumar, died by suicide within seven years of marriage. Kumar, his parents and brother were charged under IPC s.306 (abetment of suicide), s.498A (cruelty) and the Dowry Prohibition Act s.4. The trial court acquitted the parents and brother but convicted Kumar based on a letter (Exhibit P‑20) a…

The appellant, Rasiklal, was charged with defamation under Sections 499 and 500 of the IPC, both bailable offences, and was granted bail by a Judicial Magistrate under Section 436 of the CrPC on 1 December 2006. The complainant filed a revision before the High Court, which cancelled the bail on the ground that the comp…

The wife of Munish Bhasin filed a complaint under IPC sections 498A, 406 and 34 alleging cruelty and misappropriation of dowry. The husband and his parents applied for anticipatory bail under CrPC section 438, which the Delhi High Court granted but conditioned on the husband paying Rs.12,500 per month as maintenance to…

Kaliaperumal purchased immovable property from Rajagopal and others by a deed dated 26 June 1983, agreeing to pay Rs.43,000, of which Rs.40,000 was to be paid in the presence of the Sub‑Registrar at registration. The deed was registered on 26 October 1983, but the balance consideration was never tendered, and the vendo…

The Union of India appealed against orders of the Central Administrative Tribunal and the Madras High Court which had directed the Department of Space (ISRO) to devise a new format for recording Departmental Promotion Committee (DPC) minutes and to review the promotion cases of two employees, B. Annathurai and E. Chand…

The Supreme Court examined two appeals arising from a High Court judgment involving Visakhapatnam Port Trust (VPT) and M/s Continental Construction Company. The first appeal concerned a claim of Rs 74,810.38 for recovered jack‑rods, which the Court held was time‑barred under Section 37 of the Arbitration Act, 1940 and …

The Gujarat Agricultural University issued a tender for a veterinary college building, requiring pre‑qualification documents by 27 Nov 2008 and price bids by 28 Nov 2008. Three firms bid; one was disqualified for lack of experience and the appellant, Sorath Builders, submitted the lowest bid. Respondent No. 1, Shreejik…

Aligarh Muslim University advertised a Lecturer in Chemistry post requiring a First Class Master's in the appropriate branch, understood to mean pure Chemistry. The appellant, Mohd. Sohrab Khan, held a Master's in pure Chemistry, while the selected candidate, Merajuddin Ahmad, held a Master's in Industrial Chemistry. T…

In a partition suit, the High Court had modified an interim order that maintained the status quo by allowing the construction of a second floor, based merely on the applicant's alleged inconvenience. The appellants challenged this modification, arguing that no plans, sanctions, or structural safety evidence had been pr…

Mukhtiar Singh and his son Gurmail Singh were charged with the murder of Babu Singh under Sections 302 and 34 of the Indian Penal Code. The trial court acquitted them, rejecting the testimony of two eye‑witnesses – the deceased's son and widow – and deeming the prosecution case a fabricated story. The Punjab and Haryan…

The respondent, a Boiler Overhauling Mechanic employed by the U.P. State Electricity Board, claimed that his post was equivalent to the Boiler Mistry/Fitter posts and therefore entitled to the higher 'Skilled‑A' pay scale under the principle of equal pay for equal work. The Industrial Tribunal and the Allahabad High Co…

The appellant, Daya Shankar, was convicted under Section 302 read with Section 34 of the IPC for the murder of Ram Kishore. The prosecution alleged that the appellant, along with three others—two armed—attacked the deceased, with the appellant allegedly pulling the victim's legs. The Supreme Court examined whether Sect…

The appellant, Munni Lal, was convicted along with three co‑accused for the murder of Ram Kishore under Sections 302 and 34 of the Indian Penal Code. While the other three accused were armed, Munni Lal was unarmed and the prosecution alleged that he pulled the victim's leg, contributing to the death. The trial court an…

The appellant, Baskar@Kannan, was convicted under Section 304 Part II of the IPC for his role in the fatal assault on the deceased, while another accused was convicted of murder under Section 302. The prosecution relied on the testimony of four eye‑witnesses, including PW‑1 who was also an injured victim, and on medica…

The appellant (A-1) and 14 others were tried for offences including murder, culpable homicide, and offences under the SC/ST (Prevention of Atrocities) Act. On 26 March 2001, after a quarrel, A-1 and co‑accused armed themselves and attacked four scheduled‑caste witnesses; A-1 delivered a fatal blow to the neck of the de…

The vendor Bhartu sold a 20-kanal portion (400/3723 share) of a jointly held land to the appellants, Jai Singh & Ors. The respondent, co‑sharer Gurmej Singh, filed a suit for possession invoking pre‑emption under Section 15(1)(b) of the Punjab Pre‑emption Act, 1913, claiming a superior right to purchase the land. The k…

The wife filed a transfer petition seeking to move a matrimonial suit (H.M.P. No. 289 of 2005) from the Civil Court in Nasik, Maharashtra, to the Family Court in Vellore, Tamil Nadu. The Supreme Court directed the parties to appear before the Vellore District Mediation Centre. After several mediation sessions, the part…

Balli Petrochemicals Ltd, a London‑incorporated company, entered into a global tender with NALCO, a Government of India undertaking, and disputes arose over the tender and a purchase order. Clause 16 of the tender required the appointment of a sole arbitrator, initially a former Chief Justice of India, who later resign…

The Supreme Court examined the acquisition of land (survey Nos.803 and 804) by the State of Goa for a tourism development project undertaken by Fomento Resorts and Hotels Ltd. The Court had to decide whether the acquisition fell under Section 40(1)(aa) or Section 40(1)(b) of the Land Acquisition Act, 1894, and whether …

Mepco Industries Ltd. received a power subsidy for two years and initially treated it as a revenue receipt. The assessee argued that the subsidy was a capital receipt and sought revision of assessment orders, which were initially allowed by the Commissioner of Income Tax. After the Supreme Court’s decision in Sahney St…

The Supreme Court clarified its earlier judgment in Civil Appeal No. 4187 of 2009 concerning the special recruitment of computer instructors in Tamil Nadu schools. It held that the State Government may conduct an examination for candidates scoring 35%–49% and declare those scoring above 50% as eligible for appointment,…

The petitioner, Redaul Hussain Khan, was arrested on 31 May 2009 for allegedly sending money to an extremist group later declared an unlawful association under the Unlawful Activities (Prevention) Act, 1967 (UAPA). While the investigation was transferred to the National Investigation Agency, the petitioner sought statu…

The State, represented by the CBI, appealed the High Court’s acquittal of G. Prem Raj, a senior civil engineer, who was convicted for demanding and accepting a bribe of Rs 5,000 / Rs 50,000 in connection with a government contract. The prosecution proved that the accused demanded the money to facilitate the signing of …

The case arose from a land demarcation dispute in which a fight broke out, leading to the death of lmteyaz Ali. Monir Alam and others were convicted under IPC sections 304(11) and 323, with Alam sentenced to three years. The High Court altered the conviction to include section 149 but upheld the trial court's judgment.…

The appellant, Indian Hume Pipe Co. Ltd., entered into a contract with the State of Rajasthan for laying a PSC pipeline, which contained an arbitration clause. A dispute led to arbitration, and the arbitrators awarded the appellant the claim along with interest for pre‑reference, pendente lite, and post‑award periods. …

The appellants' land of about 4.34 acres in Taj Sultanpur, Gulbarga was acquired under the Land Acquisition Act, 1894. The reference court fixed the market value at Rs.19,500 per acre, but the High Court allowed a deduction of 53% for development charges, despite the land being within the municipal limits of Gulbarga s…

The case arose from a violent incident during the 1995 Mandal elections in Gadiparthivaripalem, where the candidate Soodidela Satyanarayana Reddy was murdered by a group of about twenty accused armed with stones, knives and axes. The trial court acquitted all accused, deeming the two eye‑witnesses (the victim's nephew …

Binani Zinc Ltd. challenged the Kerala State Electricity Board’s (KSEB) 2002 tariff revision order, arguing that after the Electricity Regulatory Commission Act, 1998 came into force, the Board no longer had authority to set tariffs until a State Electricity Regulatory Commission (KSERC) was constituted. The Supreme Co…

The petitioner, G.S. Iqbal, challenged the election of K.M. Khader (the returned candidate) to the Lok Sabha on the grounds that the returned candidate was a member of two political parties at the time of filing his nomination, thereby violating Section 100(1)(d)(i) and (iv) of the Representation of the People Act, 195…

The case arose from a dispute under the Slum Rehabilitation Scheme where the developer (M/s Veena Corp.) had obtained the Slum Rehabilitation Authority’s (SRA) sanction for an amended plan to provide a detached structure for a flour mill belonging to respondents No.1 and No.2. The respondents were entitled to a 225 sq …

The appellants claimed occupancy rights over a 6‑acre plot in Bangalore, asserting that they were agricultural tenants on 1 March 1974, the date the Karnataka Land Reforms Act, 1961 was amended to introduce sections 44, 45 and 48A. The land had passed through several owners and the respondent, as landlord, admitted in …

Al Champdany Industries Limited purchased the assets of a company in liquidation. After the sale was confirmed, Bhatpara Municipality claimed arrears of property tax for periods before the sale and sought payment from the purchaser. The High Court held that the sale terms "as is where is" imposed a duty on the buyer to…

The appellant, a Muthavalli of a Wakf, challenged the compensation awarded for land acquired by the State under the Land Acquisition Act, 1898 and obtained a reference to a civil court under Section 18 of the Act. The respondent filed an application to be impleaded as a party in the reference proceedings, claiming an i…

The appellant Raju was convicted by the trial court for murder (s.302 IPC) of a money‑lender, Virupachi Gounder, based largely on circumstantial evidence and a confessional statement. The Madras High Court altered the conviction to voluntarily causing hurt (s.341 IPC) and sentenced him to seven years’ rigorous imprison…

A. Venkatakrishnan challenged the Tamil Nadu Motor Vehicles Taxation (Amendment) Act, 1998, which raised the tax on contract carriage from Rs.1500 to Rs.2000 per seat per quarter and later to Rs.3000. He filed several writ petitions in the Madras High Court, which were dismissed for lack of sufficient material. On appe…

The Central Board of Income Tax, Jalandhar appealed against the order of the Punjab & Haryana High Court which had upheld the Income Tax Appellate Tribunal’s decision that surcharge could not be levied on tax assessed under a block assessment where the search was conducted before 1 June 2002. The case involved a search…

The wife, Sukanya, filed a complaint under IPC s.498A and Dowry Prohibition Act s.4 against her husband Sunder Babu, his parents, sister and maternal grandmother, alleging dowry harassment. The husband had left for the USA six months after their marriage and the complaint was lodged many months later without any explan…

The landlord filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958. The tenant applied for leave to contest the eviction after an eight‑day delay, which the Additional Rent Controller rejected, leading to an eviction order. The tenant later sought to set aside that order using Order 9 Ru…

The plaintiffs, G. Suryakumari and others, sued B. Chandramouli and others for a perpetual injunction to prevent interference with their possession of a 1,200‑sq‑yard plot purchased from Gramodyog Cooperative Housing Society. The defendants claimed ownership of a 382‑sq‑yard portion of the same land, alleging purchase …

The landlord filed an eviction suit claiming a bona fide need to use a ground‑floor shop for the businesses of his two sons, asserting that no suitable alternative premises were available. The trial court accepted this claim and decreed eviction, but the first appellate court reversed, holding that a hall on the first …

The appellants, heirs of Smt. Devki Devi, sought to recover a shop that had been allotted to a manager through ex‑parte orders under Section 16(1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. They filed a writ petition in the High Court, which after the creation of Uttarakhand was t…

The case concerned seniority of Excise Inspectors promoted to Assistant Excise Commissioner (AEC) under two different Departmental Promotion Committees (DPCs). One DPC (19‑Dec‑1998) promoted officers on a merit basis under the pre‑1994 rules, while a second DPC (22‑Jan‑1999) promoted others on a seniority‑subject‑to‑re…

Bharat Petroleum Corporation Ltd. (BPCL) issued a tender for transporting LPG cylinders within the National Capital Region (NCR) and stipulated that trucks must comply with Bharat Stage‑III (BS‑III) emission norms if manufactured on or after 1 April 2005 and not be older than 12 years. Sunil Bansal (Respondent No.1) ch…

Jagdish was convicted of murdering his wife and five minor children after his brother and neighbours saw him with a blood‑stained knife and the bodies. The trial court relied on circumstantial evidence, medical post‑mortems and the appellant’s self‑inflicted injuries, and sentenced him to death. On appeal, the Supreme …

The case arose from a shooting at a petrol pump in Jaunpur district where two sons of the complainant were killed. The trial court convicted three accused under sections 302, 307, 323, 342 IPC and sections 27, 30 of the Arms Act, but the Allahabad High Court acquitted them. On appeal, the Supreme Court examined the con…

The landlord of a flat in Greater Bombay filed a suit under Section 28 of the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947 seeking eviction of the occupant, who claimed tenancy rights as a family member of the deceased tenant. The Small Causes Court entertained the suit, but the appellate court held t…

The New Bus Stand Shop Owners Association occupied shops in a building owned by the Corporation of Kozhikode under licences issued pursuant to Section 215 of the Kerala Municipalities Act, 1994. The State of Kerala contended that these licences were in substance leases, requiring a higher stamp duty under Entry 33 of t…

Four accused, including Ashok Singh and Shyam Saran Singh, shot Chhota Singh, who died from a gunshot wound. The trial court convicted all four under Section 302 read with Section 34 IPC based on the testimony of the deceased's son (PW3) and an independent witness (PW4), along with forensic evidence of a pellet and two…

The appellant, Magma Leasing & Finance Ltd., entered into a hire‑purchase agreement with the respondent, Potluri Madhavilata, which contained a broad arbitration clause (clause 22). After the respondent defaulted on instalments, the appellant terminated the agreement, seized the vehicle and the respondent filed a suit …

Ram Sukh, a losing candidate in the 2007 Uttarakhand Legislative Assembly election, filed an election petition challenging the election of Dinesh Aggarwal on grounds of alleged corrupt practices and procedural lapses by the Returning Officer. The High Court dismissed the petition at the preliminary stage, holding that …

The Supreme Court examined the murder of Patwari Virendra Singh, for which appellants Murli and Heera were convicted under Section 302 IPC read with Section 149. The prosecution’s case rested on two eye‑witnesses, Lakendra Singh (PW‑1) and Sadri Lal (PW‑2), whose statements were recorded after considerable delay and wh…

The Industrial Investment Bank of India Ltd. (the bank) granted two short‑term working capital loans to Modern Maileables Ltd., with the company's director, Bishwanath Jhunjhunwala, executing a personal guarantee. After the borrower defaulted, the bank initiated attachment proceedings against the company under s.40 of …

The appellants challenged a second notification issued under Section 6 of the Land Acquisition Act, 1894, alleging it was barred by the one‑year limitation in the proviso to Section 6. The Supreme Court examined whether the proviso is a mandatory, peremptory rule and whether the High Court's earlier judgment, which fai…

Santosh Kumar Dubey filed a writ petition seeking a compassionate appointment after his father, a constable, went missing in 1981 and was later deemed dead under Section 108 of the Evidence Act. The High Court had earlier granted service benefits to his mother but dismissed the petition for appointment. The appellant a…

Petitioners Sukhwant Singh and others applied for anticipatory bail under Section 438 of the CrPC, which the Punjab & Haryana High Court dismissed. They appealed to the Supreme Court, which did not interfere with the High Court's order. However, the Court clarified that a court hearing a regular bail application posses…

M/s Godrej Sara Lee Ltd, a manufacturer of mosquito repellents, was assessed by the Kerala Value Added Tax (KVAT) authorities for the 2005-06 year at a 12.5% rate based on SRO No. 82/2006, which listed mosquito repellents as taxable at that rate. The company challenged the notification, arguing it was ultra vires of Se…

The plaintiff filed a suit for mandatory injunction which was decreed in his favour by the trial court. The decree was appealed first to an Additional District Judge, who allowed the appeal, and subsequently a second appeal was filed under Section 100 of the CPC before the Punjab & Haryana High Court. The High Court en…

The case arose from a complaint of a dishonoured cheque where the complainant was examined as a witness. The accused filed applications under Sections 91 and 311 of the CrPC seeking the complainant's bank passbooks, income‑tax accounts and LDS deposit receipts and also to recall him for further cross‑examination. The t…

The Registrar General of Patna High Court lodged a complaint alleging that the accused, including Ajoy Kumar Ghosh, used a forged letter in court. The Chief Judicial Magistrate (CJM) took cognizance, issued summons, and the accused applied for discharge under s.245(2) Cr.P.C., which the trial court rejected and instead…

Mrs. Manju Saxena, a staff officer of Hongkong & Shanghai Banking Corp., was terminated after the bank discontinued her post and paid her a severance package of about Rs 8.17 lakh. The Government of India referred the dispute to the Central Government Industrial Tribunal, which issued an interim award directing the ban…

Damodhar Govind Idoorkar, an employee of Canara Bank, was terminated on the allegation that he had obtained a reserved‑category post by submitting a false caste certificate. He challenged the termination through a writ petition; the Karnataka High Court Single Judge set aside the termination, ordered his reinstatement …

The respondents, parents of a deceased pillion rider, filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for death caused by a bus and a scooter. The Motor Accident Claims Tribunal dismissed the claim, holding the appellant had not proved negligence. On appeal, the Himachal Pradesh Hi…

A complaint was lodged alleging that the accused assaulted the complainant, leading to a charge sheet and issuance of processes. The trial magistrate, invoking Section 258 of the Code of Criminal Procedure (CrPC), stopped the proceedings because the accused's whereabouts were unknown, without recording any reasons. Aft…

The City Montessori School occupied 23,000 sq ft of land in Lucknow, of which 6,000 sq ft was held by a predecessor lessee. The State of Uttar Pradesh acquired the entire land under the Land Acquisition Act, 1894, issuing notifications under Sections 4 and 6, which were later challenged. The High Court quashed the noti…

MIS. Rampur Fertiliser Ltd. sued M/s. Vigyan Chemicals Industries for unpaid bills and claimed interest at 18% per annum. During the pendency of the suit, the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 came into force (23‑Sept‑1992) and the plaintiff amended the plaint t…

The heirs of Genda Bai, who died after being struck by a goods carriage vehicle, claimed compensation under the Motor Vehicles Act, 1988. Oriental Insurance Co. denied liability, contending that the driver, Umesh Gupta, did not hold a valid licence to drive a goods vehicle, thereby breaching the insurance contract. The…

The Commissioner of Income Tax, Dibrugarh appealed against judgments upholding the assessment of Doom Dooma India Ltd., a tea manufacturer, for assessment years 1988-89 to 1991-92. The core issues were the meaning of "depreciation actually allowed" under Section 43(6)(b) of the Income‑Tax Act, 1961 and the method of co…

The appellant, Shekara, was convicted by a trial court and affirmed by the Karnataka High Court for raping a girl under 16 years of age and later intimidating the victim and her mother, under sections 376, 448, 506 (with 34) IPC, and sentenced to five years' rigorous imprisonment. On appeal before the Supreme Court, it…

Three accused (Bhola, Prithu and Dharmu) were tried for murder under Sections 302 and 34 of the IPC. The trial court acquitted them, but the Himachal Pradesh High Court set aside the acquittal and convicted them under Section 304 Part I IPC read with Section 34, relying on eye‑witness testimony despite some omissions a…

The Supreme Court examined an appeal against convictions for murder under IPC sections 302 r/w 201, 148, 149 and 147. The prosecution's case rested on three eye‑witnesses who positively identified the accused, while the defence contended that the post‑mortem medical findings conflicted with the ocular evidence. The Cou…

The appellants Bhola, Prithu and Dharmu were accused of assaulting the deceased Fandi Ram with fists and stones during a quarrel, leading to his death. The trial court acquitted them, but the Himachal Pradesh High Court set aside the acquittal and convicted them under Section 304 Part I read with Section 34 of the IPC.…

The husband filed transfer petitions seeking to move several matrimonial and criminal matters pending before the Family Court, Gwalior, to this Court. The parties, married in 2006, had been living separately since 2007 and were involved in multiple proceedings including a petition under Section 13 of the Hindu Marriage…

The appellant, N. Srinivasa, entered into an agreement to purchase a plot of land from M/s Kuttukaran Machine Tools Ltd. After paying a large advance, the respondent failed to execute the sale deed, sought a higher price, and attempted to sell the property to a third party. The appellant filed an application under Sect…

The All India Council for Technical Education (AICTE) challenged several Delhi High Court orders that permitted diploma holders with only 10+1 qualifications to enroll in a one‑year bridge course leading to a B.Tech degree. AICTE argued that allowing such bridge courses constituted a major policy shift, diluted the ent…

Respondent No.1 filed a suit (Suit No. 35‑A of 2006) to declare a sale deed invalid and to obtain an injunction. The appellant first moved the trial court under Order 7 Rule 11 CPC to have the plaint dismissed for lack of cause of action; the application was rejected. After the Supreme Court stayed the suit, the appell…

The father of the respondent filed a partition suit in 1955 which was decreed, but after a series of appeals the suit was dismissed as withdrawn through applications that were later alleged to be forged. After the father's death, the daughter, as his legal representative, sought restoration of the suit, claiming that t…

The Supreme Court examined the meaning of "unprotected worker" under Section 2(11) of the Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969. The petitioners argued that the term should be limited to casual workers not covered by other labour statutes, relying on earlie…

The appellants were acquitted of an offence under Section 308 IPC by the Sessions Court, which instead convicted them under Section 324 r/w 149 IPC and released them on probation. The private complainant filed a criminal revision under Section 401(3) CrPC, and the High Court set aside the acquittal, finding the appella…

The landlord, Om Prakash, let a shop to the tenant Ashok Kumar in 1982 and later sought eviction on the ground of a bona‑fide requirement for his son. The Rent Controller, the appellate authority and the Punjab‑Haryana High Court ordered eviction of the tenant from the non‑residential premises under Section 13 of the H…

The Supreme Court, hearing Special Leave Petitions filed by Jai Prakash against National Insurance Co. Ltd. and others, examined systemic problems in motor accident compensation, including victims of hit‑and‑run, uninsured vehicles and gratuitous passengers, the use of goods vehicles for passenger transport, procedural…

The appellants, senior officers of Samyukt Kshetriya Gramin Bank, challenged their non‑selection for promotion to Scale II (Area Manager/Senior Manager) on the ground that the bank’s promotion process, which required a minimum qualifying score of 78% based on performance appraisal and interview, violated the seniority‑…

The appellant Ram Bharosey was convicted for the murder of Puran Singh under Section 302 IPC read with Section 34 IPC. The prosecution proved that the appellant and co‑accused fired shots at the victim, resulting in his death, and identified the appellant through the first informant’s testimony and other evidence. The …

Dr. V. Ravi Chandran, an American citizen, filed a writ petition under Article 32 seeking a habeas corpus order for the production of his seven‑year‑old son, a U.S. citizen, who had been taken to India by the mother, respondent No.6, in contravention of multiple custody orders passed by New York courts. After the CBI l…

The appellant, Sau Panchashila Dada Messhram, and her husband confined their two‑year‑old daughter in a bathroom for 14 days without food or water, leading to the child's death by starvation. The trial court convicted them under Section 302 read with Section 34 IPC and sentenced them to life imprisonment; the High Cour…

The appellants, Bibi Zafira Khatoon and her late husband, obtained an eviction decree against respondent No.2 (Mohammed Manzurool Haque) on grounds of bonafide need and rent default. Respondent No.1 (Mohammed Hussain), who was a buyer under a disputed sale agreement, was impleaded as an intervenor and had filed a title…

Subhash Kondiba Sontakke, a driver employed by Maharashtra State Road Transport Corporation since 1980, was dismissed after a bus under his control rammed a bridge railing due to alleged rash and negligent driving, causing damage to the vehicle. The disciplinary authority dismissed him, but the First Appellate Authorit…

The contractor, Mis. Som Datt Builders Ltd., entered into a highway works contract with the State of Kerala and later claimed additional costs for extended time and equipment usage. The Engineer failed to decide on several claims, leading the contractor to refer the dispute to arbitration, where the tribunal awarded th…

The Prescribed Authority under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 issued a notice under Section 9(2) requiring Super Cassettes Industries Ltd to submit details of its land holdings. The company objected, claiming the land was non‑agricultural and the notice was inapplicable; the authorit…

The Oil and Natural Gas Corporation (ONGC) regularly hires seasonal casual workers for its field surveys. A tribunal ordered that 153 identified workmen who met educational qualifications and 240 days of service be regularised before any new recruitment. The Supreme Court, in its 20 November 2006 order, enjoined ONGC f…

The Employees' State Insurance Corporation (ESIC) issued a notice under Section 45‑A of the Employees' State Insurance Act, 1948, requiring the Bhakra Beas Management Board to make employer contributions for its workers. The Board challenged the notice before the ESIC Court, but neither the workers nor any representati…

The plaintiff, National Engineering Industry Ltd., sued the defendants for eviction and arrears of rent, claiming it was authorized by the Sitaram Bhandar Trust, the owner of the premises, to act as landlord under the Rajasthan Premises (Control of Rent & Eviction) Act, 1950. The defendants contended that rent was bein…

The petitioners, Indian citizens who obtained MBBS degrees from Manipal College of Medical Sciences, Pokhara (recognised under the Indian Medical Council Act, 1956), were denied permanent registration by the Medical Council of India (MCI) because they had not passed the screening test mandated by the Act. They challeng…

The Commissioner of Central Excise appealed against Gujarat Narmada Valley Fertilizers Ltd. for disallowing CENVAT credit on Low Sulphur Heavy Stock (LSHS) used as fuel in producing steam and electricity that was employed in the manufacture of exempted fertilizers. The key question was whether Rule 6(1) of the CENVAT C…

Mis. Maruti Suzuki Ltd., a motor‑vehicle manufacturer, generated electricity in its plant using naphtha and diesel and sold a portion of the surplus to its joint ventures, vendors and the grid for a price. The company claimed CENVAT credit on the duty paid on the fuel used for electricity generation, arguing that elect…

Senior Manager Rajeev Ratan Pandey was transferred by the Airports Authority of India from Lucknow to Calicut. He challenged the transfer in a writ petition, alleging it violated the Authority's transfer policy, but did not initially claim any mala fides. After the High Court refused an interim stay, he filed a supplem…

Man Mohan Nath Sinha, a private secretary to a Uttar Pradesh state minister, was dismissed from service after a departmental inquiry found him guilty of misappropriating public funds. He challenged the dismissal before the Allahabad High Court, which set aside the order by re‑appreciating the evidence presented to the …

The dispute concerned the appointment of the Lambardar of village Pehladgarh, Bhiwani. The Collector appointed Satbir Singh, but the appellant Ishwar Singh challenged this appointment. The Commissioner set aside the Collector’s order, appointing Ishwar Singh, and the Financial Commissioner upheld this, finding the Coll…

The appellant Pannayar was convicted for the murder of Thilagavalli and theft of her gold ornaments under Sections 302, 392 and 397 of the IPC, based largely on circumstantial evidence. The prosecution's case hinged on (i) a witness who claimed to have seen the accused following the victim, (ii) recovery of the victim'…

The appellants, who were Class II officers in the Nagaland Economics and Statistics Service, challenged the seniority of a fellow officer (respondent No. 3) who had been transferred from the PWD and Housing Department to their cadre through an encadrement (post‑merger) order in 1992‑93. They claimed that, being eligibl…

The appellant was married to the deceased and, after repeated quarrels, the wife poured kerosene on herself and brought a match. The husband snatched the match and lit it, causing severe burns that led to her death. The trial court convicted him under Section 324 IPC, but the High Court upgraded the conviction to Secti…

The appellant, a husband, was convicted by the trial court and the Bombay High Court for murder under Section 302 read with Section 34 of the Indian Penal Code, while being acquitted of a dowry‑related charge under Section 498A. The prosecution relied on three circumstances: the wife’s unnatural death, the fact that th…

Satish @ Dhanna, born on 12‑11‑1980, was convicted under IPC sections 147, 148, 149 and 302 for offences committed when he was under 18 years of age. The appeal questioned whether, after the Juvenile Justice (Care and Protection of Children) Act, 2000 came into force, he could be treated as a juvenile and enjoy its pro…

The appellants, accused of a cognizable offence, filed a revision before the Sessions Judge challenging an order under Section 156(3) of the CrPC directing registration of an FIR. The Allahabad High Court allowed the revision under Sections 397 and 401 but disposed of the application without issuing notice to the accus…

The appellant, P. Liaquat Ali Khan, was accused of kidnapping a three‑year‑old girl named Keerthi and demanding a ransom of Rs 1 crore and Rs 75 lakhs, as evidenced by letters (Ex P2 and P3). The child was later recovered from a house after the accused collected the ransom bag from a culvert and was apprehended by poli…

Kurapati Maria Das was elected as a councilor and subsequently as chairperson of Bapatla Municipal Council, a seat reserved for the Scheduled Caste (Mala). Petitioners alleged that he was not a Scheduled Caste member but a Christian belonging to a Backward Class and that he had obtained caste certificates fraudulently.…

The Madras High Court allowed a second appeal under Section 100 of the Code of Civil Procedure without formulating any substantial question of law, which the appellant challenged. The Supreme Court examined whether the High Court was justified in disposing of the appeal without such formulation, as mandated by Section …

The case concerned the death of Smt. Laxmi, who suffered 90% burn injuries within seven years of marriage. The prosecution alleged that her husband (A-1) and his brother (A-3) harassed and tortured her to extract dowry, leading to her death, and secured convictions under Sections 304B and 498A IPC. The defence relied o…

Petine Shipping Inc., a Liberian shipowner, and Minerals and Metal Trading Corporation of India entered into a charter party containing an arbitration clause. When a dispute arose, each party nominated an arbitrator, but the respondent's nominee was challenged and the respondent filed a petition in the Delhi High Court…

The case concerned custody of a minor female child whose mother died at birth. The child had been raised by her maternal grandmother (the appellant) since infancy, while the father (the respondent) sought custody as the natural guardian under the Guardian and Wards Act, 1890. The Family Court and the High Court had bot…

The case concerned the interpretation of clause (vi) of Section 2(h) of the Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971, which defines a "scheduled undertaking" to include certain lands and buildings. Raza Buland Sugar Co. sought a declaration that several properties listed in its plaint were not covered b…

The Meerut Development Authority (MDA) invited tenders for two parcels of land to be used for educational purposes, fixing a reserved price of Rs.690 per sq.m for 20,000 sq.m and Rs.500 per sq.m for 37,000 sq.m. The Association of Management Studies (AMS) bid below the reserved price for the 20,000‑sq.m plot and later …

Dr. Ram Deen Maurya and Dr. Madhu Tandon both applied for transfer to a vacant Reader post at D.A.V. Post Graduate College, Lucknow, obtaining No Objection Certificates (NOCs) from their respective parent colleges. The State Government granted permission to transfer Maurya, prompting Tandon to file a writ petition whic…

Krishna Ram, a Patwari, was accused of demanding and accepting Rs.500 as a bribe for issuing a favourable land lease report. The complainant, Gurmukh Singh, arranged a trap in which the money was marked with phenolphthalein and handed to the accused, who was later caught with the cash and a pink‑stained shirt. The tria…

The State of Assam appealed against a Guwahati High Court order that directed the state to release grant‑in‑aid to the Cachar and Karimganj District Milk Producers' Co‑operative Union Ltd (CAMUL) so that the society could pay salaries to its employees. CAMUL, a cooperative registered under the Assam Cooperative Societi…

The appeal concerned two ex‑servicemen who were appointed to general (non‑reserved) technical posts in the Himachal Pradesh State Public Works Department before reservation for ex‑servicemen in technical services came into force on 3 May 1983. They claimed the option to accept a later reserved vacancy and sought to hav…

The Supreme Court examined whether lessees who obtained leasehold rights to sites in Chandigarh through public auction could invoke the Consumer Protection Act, 1986, on the ground that payment of lease premium instalments and ground rent was conditional upon the administration providing basic amenities. The Court held…

M/s Liberty Enterprises, a shoe manufacturer in Haryana, was granted a sales‑tax exemption certificate (Rs 533 lakhs) under Section 138 of the Haryana General Sales Tax Act, 1973 and Rule 28A of the 1975 Rules, effective 15 Mar 1995‑14 Mar 2002. The exemption was used until 31 Dec 1996, after which the firm switched to…

The case involved a fatal collision between a Maruti car and a truck, resulting in the death of the car driver. The claimants, dependents of the deceased, sought compensation, but the Motor Accident Claims Tribunal limited the award to 50% of the assessed amount on the basis of alleged contributory negligence by the ca…

The appellant, a contractor, entered into a 1996 construction contract with the Union of India that contained an arbitration clause (Clause 64). After receiving the original work order of Rs.32.17 lakh, several supplementary work orders raised the total contract value to Rs.42.60 lakh. The appellant sought appointment …

Azhar Sultana entered into a sale agreement with Ramesh Chand Khanna and paid an advance of Rs 30,000. While the agreement was pending, Khanna sold the same property to defendants 5 and 6 by a registered deed, after which the plaintiff filed a suit for specific performance of her original agreement. The Supreme Court e…

The appellant, Sneh Gupta, an heir of Munni Devi, challenged a compromise decree that had been entered into by the original plaintiff Veena Nirwani and certain defendants during the pendency of two suits concerning land mutation and alleged fraud. The compromise resulted in the withdrawal of both suits, but Gupta and o…

The appellant, Madan Mohan Mishra, filed a suit in 1994 seeking to set aside a deed of gift concerning agricultural lands, alleging the deed was void. Earlier, a suit filed in 1969 concerning the same lands was abated by an order dated 17 July 1973 under the Uttar Pradesh Consolidation of Holdings Act, 1953, and the ap…

Builders and developers applied for planning permission from the Chennai Metropolitan Development Authority (CMDA) and were required to pay Infrastructure Development Charges (IDC) of Rs.64 per square metre, which the CMDA collected on behalf of the Chennai Metropolitan Water Supply and Sewerage Board (the Sewerage Boa…

The appellant, a nephrologist, treated a patient with chronic renal failure, severe urinary and blood infections, and high urea levels. He prescribed Amikacin, a potent antibiotic, after culture sensitivity showed resistance to other drugs, and warned the patient to stop it when tinnitus appeared. The patient continued…

D.P. Singh, a Uttar Pradesh Police Sub‑Inspector, was deputed to the CBI in 1966 and later appointed to higher posts on deputation quota, including an ad‑hoc appointment as Deputy Superintendent of Police (Dy.SP) in 1977. He was formally absorbed into the CBI as Dy.SP on 29 June 1987 after a UPSC recommendation. Singh …

Natha Singh executed two wills, one in 1979 bequeathing his Punjab house to his son Shag Singh and another in 1986 bequeathing his Haryana house to his second son Jaskirat Singh. After Natha Singh's death, Jaskirat filed a suit for possession of the Haryana house, while Shag Singh's brothers filed a suit claiming owner…

The HDFC Bank alleged that its Managing Director, J.J. Mannan, defrauded the bank of Rs.2.04 crore by obtaining a loan through fictitious transactions and colluding with other firms. An FIR was filed and the accused applied for anticipatory bail under Section 438 of the CrPC, which the Madras High Court granted in a bl…

The petitioners, senior forest officers, sought seniority and all consequential benefits from the year of their allotment by the State Public Service Commission, relying on the decision in In Re: Suresh Chandra Sharma (2002). The Uttarakhand High Court allowed the writ petition, applying the Suresh Chandra rule that in…

The case concerned A.K. Pandey, an army officer charged with selling a weapon, who was informed of the charges on 2 November 1995 and tried by a General Court Martial on 6 November 1995, but the trial began at 10:10 a.m., less than the 96‑hour interval mandated by Rule 34 of the Army Rules, 1954. Pandey pleaded guilty,…

Bajaj Auto Ltd filed a suit in the Madras High Court alleging infringement of its Patent No. 195904 against TVS Motor Company Ltd. The trial judge granted an interim injunction, which was later set aside by the Division Bench on appeal. The suit remained pending without a written statement from the defendant. The Supre…

The appellant, a contractor, entered into a contract with the respondent to complete work within twelve months, but alleged delays by the respondent in supplying cement, steel, and drawings. The dispute was referred to a sole arbitrator, who awarded the contractor Rs.19,51,334.25, including a component for loss of prof…

The State of Orissa acquired land for a fish farm under the Land Acquisition Act, 1894, awarding the original owner, Chitrasen Bhoi, Rs 2,500 per acre in 1975. Subsequent owners received a higher award of Rs 10,000 per acre in 1995, prompting Bhoi to file an application under Section 28A on 21 March 1995, within three …

The appellant purchased the western half of a jointly held property from the heir of a co‑parcener, claiming ownership and possession. The respondents argued that the property had never been partitioned, that the heir was not a necessary party, and that the sale deed could not confer possession. The trial court, affirm…

The petitioners were accused of murdering a woman’s husband; although the FIR named 19 persons, only a few were initially charge‑sheeted, allegedly due to the influence of a local MLA who provided alibis. The High Court, invoking its inherent powers under Article 226, directed the police to file charge‑sheets against a…

Krishan Lal challenged the appointment of respondent No.4 as Mechanist Grinder Instructor, alleging that the candidate did not satisfy the five‑year practical/teaching experience requirement and that the experience certificates were invalid because the issuing establishments had not deposited provident fund contributio…

The assessee (Ghanshyam HUF) received enhanced compensation and interest from the Haryana Urban Development Authority for land acquired under the Land Acquisition Act, 1894, but omitted these amounts from its 1999-2000 return, arguing that they were in dispute in a pending appeal by the State. The Assessing Officer, CI…

Dulari Exports Ltd. and others were allotted an industrial plot by H.S.I.D.C. Ltd. They paid four installments but failed to pay the fifth within the stipulated time. The corporation issued a notice stating that the plot was liable for resumption and offered the petitioners a chance to retain it at Rs.2200 per square m…

The Union of India awarded a contract to Saraswat Trading Agency for handling goods at railway stations. The contract required the contractor to pay labourers at least the "fair wage" as notified at the time of tender, but statutory wage revisions later increased those rates. The contractor claimed enhanced payments fo…

The National Thermal Power Corporation Ltd. (NTPC) acquired 65.71 acres of land under the Land Acquisition Act, 1894 for a thermal power plant, invoking emergency provisions of Section 17 and paying 80% compensation. NTPC claimed it had only taken physical possession of about 10.2 acres and sought withdrawal of acquisi…

The Haryana State Industrial Development Corporation (HSIDC) filed review petitions seeking clarification of its earlier orders dated 19 February 2008 and 20 February 2008 concerning the re‑allotment of industrial plots to Veena Sharma and others. The petitions centered on the interpretation of a direction that allowed…

The Supreme Court considered an appeal by the State of Punjab against a High Court order that directed the health department to grant Dr. Sanjay Kumar Bansal a five‑year special leave for self‑employment on the ground that he had been discriminated against. The Court examined whether special leave is a statutory right …

The appellant, the Secretary to the Government of Haryana, appealed against a High Court order that directed full reimbursement of medical expenses incurred by a retired employee (respondent) for heart bypass surgery. The respondent, a pensioner, submitted a claim of Rs.1,87,907.65, but the State paid only Rs.1,62,298 …

The case concerned a petition by Ghulam Rasool Lone, a senior police employee, seeking promotion to Sub‑Inspector after a junior colleague, Hamiddulah Dar, had been illegally promoted in 1987 by relaxing the recruitment rules. Similar promotions were later granted to other employees through writ petitions, but Lone del…

Ghanshyam Dass Relhan was appointed as a clerk in the Haryana Government in 1958, confirmed and later promoted, and resigned in 1977 after obtaining permission to join the Kurukshetra Central Bank as a Senior Accountant. He retired from the bank in 1997, received retirement benefits but not a pension, and claimed a pen…

The Authorized Officer of Indian Overseas Bank (IOB) sought to enforce its security interest over the assets of Mis. Ashok Saw Mill under Section 13(4) of the SARFAESI Act after the borrower defaulted on loans, leading to possession and eventual sale of assets. The borrower challenged the actions before the High Court …

The Supreme Court examined the compensation awarded to landowners whose lands were acquired for a thermal power plant in Sarna, Muradpur, Uttar Pradesh. The Court held that, under Section 23 of the Land Acquisition Act, 1894, all relevant sale deeds must be considered to determine the market value of the land, and that…

Udaipur Sahakari Upbhokta Thok Bhandar Ltd., a cooperative society dealing in both non‑controlled and government‑authorised controlled commodities, claimed a deduction under Section 80P(2)(e) of the Income‑Tax Act for commissions received for storing foodgrains under the Rajasthan Foodgrains Order. The Assessing Office…

The appellants were members of a large group that attacked the complainant and his relatives with lathis, a gun, and other weapons, resulting in the death of Jugendra Pal Singh and injuries to others. They were convicted under IPC sections 147, 148, 149 and 307. On appeal they argued that the assault was a spur‑of‑the‑…

The appellant, a Delhi Higher Judicial Service officer, dismissed a 1984 suit for recovery on 19‑December‑2005 after the plaintiff failed to produce evidence. On appeal, the Delhi High Court remanded the case and, in its order dated 6 July 2006, made adverse remarks about the appellant’s conduct, directing that the ord…

The Director General of Police suspended P. Chandra MoulI under Rule 8(1)(a) of the Andhra Pradesh Civil Services Rules pending disciplinary proceedings. The employee filed an original application before the Andhra Pradesh Administrative Tribunal, which directed him to first pursue the statutory appeal under Rule 33 be…

The appellant, Velayuda Pulavar, was tried for the murder of his brother Viswanatha Pulavar and the concealment of the dead body under IPC sections 302 and 201. The prosecution's case rested primarily on an extra‑judicial confession recorded by the Village Administrative Officer (VAO) in the presence of several witness…

The State alleged that three members of a family were killed when the accused fired gunshots at them while they were traveling in a bullock‑cart. The trial court convicted the accused under Sections 148 and 302 read with Section 149 of the Indian Penal Code. On appeal, the Allahabad High Court acquitted them, holding t…

The Supreme Court heard an appeal by the State of Maharashtra against a Bombay High Court order that had set aside the appointment of a Special Public Prosecutor (SPP) in Sessions Case No.41 of 2006. The petitioner, who was related to one of the accused, claimed that the appointment violated Section 24(8) of the Code o…

The appellant, Gamparai Hrudayaraju, was convicted under IPC sections 302 and 203 for the death of a woman with whom he had an illicit relationship. The trial court and the Andhra Pradesh High Court upheld the conviction based solely on circumstantial evidence, primarily the testimony of witnesses PW‑5 and PW‑6. On app…

The State of Rajasthan appealed the acquittal of Mohan Lal, who was charged under the Prevention of Corruption Act, 1988 (ss 7, 13(1)(d) r/w 13(2)) for demanding a bribe that was allegedly hidden in his almirah. The trial court found the prosecution’s case uncredible and acquitted him; the High Court affirmed the acqui…

Manzar Sayeed Khan, the publisher of the book "Shivaji: Hindu King in Islamic India", and Vinod Hansraj Goyal, the printer, filed criminal miscellaneous petitions seeking clarification of a Supreme Court judgment dated 5 April 2007. The 2007 judgment had directed that the State of Maharashtra not proceed against the au…

The respondents, allottees of the Madhya Pradesh Housing Board, challenged the Board’s demand of an extra 10% charge for corner plots and 5% for best‑location plots, arguing that the plots were allotted by lottery and such levies were unsustainable under the Consumer Protection Act, 1985. The District Consumer Disputes…

The Supreme Court, acting suo motu under Article 32, examined the widespread destruction of public and private property during agitations, bandhs and hartals. It appointed two expert committees—one chaired by Justice K.T. Thomas and the other by senior lawyer F.S. Nariman—to recommend measures for prevention, investiga…

The respondent, a Badli Conductor employed by Bangalore Metropolitan Transport Corporation, was removed from the list of Badli Conductors in 1995 for alleged unauthorized absence. He later filed a claim under Section 10(4-A) of the Industrial Disputes Act, which he withdrew, and subsequently raised a dispute under Sect…

The appeal concerned the binding effect of circulars issued by the Central Board of Excise and Customs on courts and tribunals after the Supreme Court had declared the law on the relevant statutory provision. The matter was referred to a larger bench following the Ratan Melting & Wire Industries case. The Court clarifi…

The complainant, pregnant from a love affair with accused No.1, was lured to a remote spot where accused No.2 restrained her and accused No.1 forced a poisonous insecticide into her mouth, causing her to faint but she survived. Both were convicted by the trial court and the Gujarat High Court under Section 307 read wit…

Heeralal, the husband of Prema Bai, was convicted by the trial court and the Madhya Pradesh High Court for murder under Section 302 IPC. The case hinged on two dying declarations of the deceased: one recorded by a Naib Tehsildar before a doctor, stating she attempted to set herself ablaze, and another recorded later by…

The appellant, Santosh, challenged the Allahabad High Court's ex‑parte dismissal of his criminal revision petition (No. 1622 of 1989). The High Court had refused to recall the order, holding that it was decided on merits and therefore could not be recalled. The Supreme Court observed that the appellant’s counsel was ab…

The appellant Arun, brother of the deceased Sampatrao Gopal Khandekar, was convicted of murder and related offences for killing his brother during a family land dispute. The appellant claimed he acted in private defence, alleging the deceased was the aggressor. The Supreme Court examined the principles of private defen…

The Allahabad High Court allowed a criminal revision petition filed by respondent No.2 without issuing any notice to the appellants or other parties. The appellants challenged this order, contending that the High Court had breached the principles of natural justice, specifically the audi alteram partem rule, by not giv…

The appellant challenged a Kerala High Court revision order that set aside his conviction under Section 138 of the Negotiable Instruments Act, on the ground that the amount shown in the bill (Rs.1,61,000) was lower than the cheque amount (Rs.1,86,606.95). The appellant contended that the cheque was issued to discharge …

The case arose from a land dispute in which the accused, including Siyaram, attacked the complainant Ramniwas, his brother Om Prakash and another person using weapons such as a farsa, sword and lathi, causing serious injuries. The trial court acquitted the accused on the ground of material contradictions and omissions …

Muralidhar, a bus driver, collided with a tempo on 3 December 1995, causing the death of a 16‑year‑old boy and grievous injuries to a passenger. He was convicted under IPC sections 279 (rash driving), 338 (grievous hurt) and 304‑A (death by negligence) and sentenced by the trial court to rigorous imprisonment (six mont…