Judgments of 2014

Virendra Krishna Mishra, an Information Officer (IO) in the DANICS cadre, challenged the Cadre Review Committee's decision to encadre only three Deputy Resident Commissioner (DRC) posts while excluding Tourist Information Officer (TIO) and IO posts, alleging violation of Article 14 of the Constitution. The Central Admi…

Hari Om was convicted under Sections 304-B and 498-A of the IPC for the dowry death of his wife, Poonam, who committed suicide within a month of marriage after persistent dowry demands. The High Court upheld his conviction and sentenced him to life imprisonment, while acquitting co‑accused. Hari Om appealed only agains…

The case concerns the murder of three members of the Singh family in Bhaismudi village, Chhattisgarh, by a group of accused who formed an unlawful assembly armed with lathis, battle‑axes, swords and rods. Two close relatives of the victims, Madhubala Bai (PW‑1) and Saraswati Bai (PW‑3), witnessed the killings and ident…

The appellant Durga Burman (Roy) was charged with the murder of Manorama Devi by strangulation and the theft of a wrist‑watch and cash, together with co‑accused Ranjit Roy. The trial court convicted both under IPC ss.302, 380 and 34; the High Court acquitted Ranjit Roy but upheld Durga Roy's conviction. On appeal, the …

The appellant, Sub‑Inspector Bairam Muralidhar, was charged under the Prevention of Corruption Act for demanding bribes. The public prosecutor filed an application under Section 321 of the CrPC to withdraw the prosecution, relying solely on a Government order directing withdrawal. Both the trial court and the High Cour…

A fire broke out at a consumer exhibition in Meerut on 10 April 2006, killing 64 people and injuring more than a hundred. The victims filed a writ petition under Article 32 of the Constitution seeking damages from the State of Uttar Pradesh and the event organizers. The State had appointed a one‑man Commission of Inqui…

The Supreme Court examined whether race clubs such as the Bangalore Turf Club and the Royal Western India Turf Club, as well as a chit fund, fall within the definition of "shop" under the Employees' State Insurance Act, 1948 (ESI Act) and the related notifications. The Court held that a race club is an "establishment" …

The appellants challenged the compensation awarded for lands acquired by the State of Haryana under five notifications dated between 1980 and 1983, seeking enhancement of the market value. Relying on the Supreme Court’s decision in Subhash Chander & Ors. v. State of Haryana, they argued that the market values fixed in …

Ram Niranjan Roy, a Deputy Superintendent of Police, intervened in a public interest writ before the Patna High Court and shouted at the judges, claiming personal grievances over his posting. The High Court held him guilty of contempt under Section 14 of the Contempt of Courts Act, 1971, ordered his custody for 24 hour…

Former High Court judges appointed directly from the Bar filed writ petitions alleging that the pension provisions under the High Court Judges (Salaries & Conditions of Service) Act, 1954 discriminate against them compared to judges promoted from the judicial service. They sought that ten years of advocacy practice be …

The State of Bihar appealed against two orders of the Patna High Court that had stayed criminal prosecutions of public servants on the ground that the Law Department, rather than the parent department, had granted the required sanction under the Prevention of Corruption Act and the Code of Criminal Procedure. The Supre…

The petitioner's husband, Devender Pal Singh Bhullar, was convicted under the Terrorism and Disruptive Activities (Prevention) Act (TADA) and sentenced to death. After the death sentence was affirmed by the Supreme Court and a review petition dismissed, a mercy petition filed in 2003 was rejected in 2011, resulting in …

Reliance Industries Ltd., Niko Resources Ltd. and British Petroleum entered into a Production Sharing Contract (PSC) with the Union of India. When a dispute arose over cost recovery, Reliance, acting as the operator, invoked the arbitration clause in Article 33 of the PSC and nominated an arbitrator. Two arbitrators, b…

The Munnerul Islam Madrasa Committee filed a suit before the Wakf Tribunal seeking eviction of Faseela M., alleging that she was a tenant of a property described as waqf. Faseela denied that the property was waqf and challenged the Tribunal's jurisdiction. The Tribunal initially ordered the suit to be returned to the c…

The Occupational Health and Safety Association filed a writ petition under Article 32 seeking directions for the framing of occupational safety and health guidelines for workers in coal‑fired thermal power plants (CFTPPs) and compensation for occupational diseases. The Court examined whether the right to health and a s…

The Chief Minister of Haryana (Om Prakash Chautala) was suspended from office after a public complaint, leading to a departmental inquiry against a government employee. The employee challenged the suspension in a writ petition, and the High Court set aside the suspension, also criticizing the Chief Minister’s actions a…

In a contempt proceeding before the Madras High Court, Respondents tendered an unconditional apology in the form of an affidavit, which the Single Judge accepted. Despite this acceptance, the Judge directed the Principal Secretary & Commissioner of Land Administration to initiate appropriate action against the contemno…

The appellants, college officials, were charged under Sections 406 and 1208 IPC for criminal breach of trust after allegedly withholding a bill amount of Rs 34,505 owed to a contractor. The contractor had pursued civil remedies, but the second respondent filed a criminal complaint alleging misappropriation of the funds…

B.D. Khunte, a jawan, was allegedly beaten and humiliated by his superior Sub Randhir Singh in a store room on 28 June 2006. Later that evening, while on guard duty, Khunte shot and killed Singh with his service rifle. He was tried by a Summary General Court Martial, convicted under Section 69 of the Army Act and Secti…

The respondents, Grade‑I officers of the Delhi Administration Subordinate Service (DASS), claimed a second financial upgradation under the Assured Career Progression Scheme (ACPS) after completing 24 years of service. Because the feeder grade (Grade‑I DASS) and the next promotional grade (Grade‑II of the Delhi Andaman …

The accused, Nirala Yadav, was arrested for offences under the IPC, Arms Act and POTA. After the statutory 90‑day period for filing a charge‑sheet elapsed without a charge‑sheet or an extension application, he filed an application under s.167(2) CrPC for bail. The CBI then filed an application for a 30‑day extension, a…

The appellant, Ram Karan (deceased) through legal representatives, purchased agricultural land in 1962 from a Scheduled Caste vendor and obtained mutation in 1966. The State of Rajasthan, via a Tehsildar, filed a suit under Section 175 of the Rajasthan Tenancy Act in 1993 seeking ejectment, alleging the sale violated t…

The respondent, S.P. Nayyar, a Commandant in the Border Security Force, sought promotion to Additional DIG. The Departmental Promotion Committee (DPC) did not recommend him, alleging he was not fit, despite his ACRs being graded ‘Very Good’ by the Initiating and Reviewing Officers. He alleged that the Accepting Officer…

The husband, Dr. B.V. Ravi, filed a petition for divorce under Section 13(1)(ib) of the Hindu Marriage Act alleging desertion, and also sought restitution of conjugal rights. The Family Court found no proof of desertion and granted restitution, but the wife, Dr. Malathi Ravi, later lodged FIRs against the husband, lead…

The appellant, an Assistant Engineer, was dismissed after a disciplinary inquiry under the Uttar Pradesh Cooperative Employees Service Regulations, 1975. The High Court quashed the dismissal for violating natural‑justice principles and ordered reinstatement, also permitting a fresh inquiry. While the fresh inquiry was …

The deceased, Sajal Sarkar, was employed by respondents 1 and 2 to drive their truck from Agartala to the FCI godown at Churaibari. After reaching the godown he left the vehicle to arrange repairs, informing the helper that he would return at night, but he met a road accident during the night and died. His wife and chi…

The respondent, originally appointed Deputy Registrar, applied for the post of Registrar of the National Institute of Technology, Karnataka, and was selected by direct recruitment. The appointment letter mistakenly prescribed the Central pay scale of Rs 3000‑4500 instead of the State scale of Rs 2375‑4450 as stipulated…

The appellant, Amrit Banaspati Co. Ltd., owned a residential flat in Mumbai and declared its value under self‑assessment rules (Rule 3‑7) of Schedule III of the Wealth Tax Act, 1957. The Assessing Officer (AO) found a large disparity between the declared value and the market value estimated by the Departmental Valuatio…

The appellant, Santosh Bakshi, filed a complaint under the Protection of Women from Domestic Violence Act, 2005 against her in‑laws alleging dowry harassment. After a compromise was reached, her brother‑in‑law filed an affidavit claiming the complaint was false and sought action under Section 182 of the Indian Penal Co…

The State of Uttar Pradesh sought to recover dues of M/s Jaswant Sugar Mills Ltd. arising from arrears, loans and other liabilities incurred before the company's acquisition under the U.P. State Sugar Undertakings (Acquisition) Act, 1971. The District Collector had adjusted compensation payable for land acquisition aga…

The appellant challenged land acquisition of 10.80 acres undertaken under the Nagpur Improvement Trust Act, 1966. An award was passed under the Land Acquisition Act, 1894 in 1968, later set aside by the High Court in 1974 only on compensation grounds. While the proceedings were pending, Section 11A of the Land Acquisit…

The State of Rajasthan appealed the acquittal of Thakur Singh, who was convicted by a trial court for murdering his wife Dhapu Kunwar inside a locked room. The prosecution proved that the wife died of asphyxia and that Singh had confined himself, his wife and child in the room, which was later forced open. The High Cou…

The father of the complainant filed a murder complaint against five persons, including Bal Manohar Jalan, who was listed as accused No.4 in the FIR. The investigating magistrate later took cognizance only against accused No.1 and discharged the remaining accused, also rejecting the complainant's protest‑cum‑complaint p…

The respondents were appointed on an ad‑hoc basis as Lower Division Clerks and later regularized. They sought selection‑grade pay from the date of their initial appointment, relying on earlier circulars, while the State Government issued circulars stating that service for selection‑grade eligibility should be counted o…

The case concerned the promotion of constables to head constables under the Punjab Police Rules, 1934, which were amended in 1982 and 1988. The tribunal had held that constables confirmed before the 1988 amendment possessed a vested right to promotion based on seniority, and it ordered a fresh seniority list, which the…

The Tamil Nadu Public Service Commission conducted a recruitment exam for Group I services. Several candidates were found to have violated the exam instructions by using prohibited colours of ink, pencils, leaving pages blank, and inserting religious symbols, which could reveal their identity to examiners. The High Cou…

The plaintiff, acting as administrator of his deceased sister's will, filed a suit for partition of her estate and related reliefs. The defendant moved an application under Order VII Rule 11 of the CPC, claiming the suit was barred by limitation. The trial judge dismissed the application, but the Division Bench of the …

The Supreme Court considered appeals by a partnership firm, Sasi Enterprises, and its partners who were prosecuted under section 276CC of the Income Tax Act for willfully failing to file income‑tax returns for the assessment years 1991‑92, 1992‑93 and 1993‑94. The issues raised were whether a statutory duty to file ret…

Godrej & Boyce acquired a 133-acre parcel in Vikhroli, which was declared waste land and cultivated before 1951. The State later issued a show‑cause notice under Section 35(3) of the Indian Forest Act, 1927 (notice No. WT/53) in 1956‑57, but never served it or took possession, while repeatedly granting building permiss…

The Supreme Court, hearing a writ petition under Article 32 concerning the ineffective implementation of various animal welfare and environmental statutes, observed that many slaughter houses across states operated without licences or failed to comply with prescribed guidelines. The Court noted the absence of periodic …

The appellant, Mallella Shyamsunder, was convicted for the murder of his wife, Kalyani, who died from extensive burns after allegedly being beaten and doused with kerosene over a dowry dispute. The deceased gave two dying declarations to a police officer and a Judicial First Class Magistrate, both of which were found t…

The landlady Dhiankaur filed eviction proceedings against tenant Prem Pal Sran under the East Punjab Urban Rent Restriction Act, 1949, alleging arrears of rent from December 1994. The Rent Controller and the Appellate Authority both held that the agreed rent was Rs.1,500 per month and that the tenant was in arrears for…

The plaintiff (Inbasegaran) filed two suits against the defendant (S. Natarajan) – one for a permanent injunction to prevent forcible dispossession of a constructed building, and a later suit for specific performance of a sale agreement. The defendant contended that the second suit was barred by Order 2, Rule 2 of the …

The plaintiff sought specific performance of a 1979 agreement whereby the first defendant, owner of a one‑third undivided share in a Bangalore property, through his brother (the second defendant) who held a registered power of attorney, agreed to sell the share for Rs 40,000. The plaintiff paid the full consideration b…

The plaintiff entered into a 1989 agreement to purchase a house from defendant No.2, paid the full consideration, but the seller failed to execute the sale deed. The plaintiff filed two suits: one for permanent injunction to prevent dispossession by defendant No.1 and No.2, and another for specific performance of the s…

The appellant, Munni @ Syed Akbar, was convicted for murdering his wife Gulsara Banu by strangulation using a cable wire, and also for offences under Sections 498A and 201 of the Indian Penal Code. Post‑mortem examination and a Forensic Science Laboratory report established asphyxia by strangulation and ligature marks …

Raj Kumar Goel, a lower‑division clerk of the Punjab State Electricity Board, was found absent without leave and was disciplined with a punishment of stoppage of five annual increments without cumulative effect, also treating the period of absence as non‑duty. He sued the Board seeking a declaration that the order shou…

The respondent, K.V. Abdul Khader, was Chairperson of the Kerala State Wakf Board and was elected to the Kerala Legislative Assembly. The appellant, Ashraf Kokkurr, filed an election petition alleging that the respondent was disqualified under Article 191(1)(a) of the Constitution because he held an office of profit. T…

The employees of the Andhra Pradesh Labour Department challenged G.O.M. No.14 (1994) and No.22 (1996) which allowed promotion by transfer to the post of Assistant Labour Officer. The State Administrative Tribunal struck down those G.O.M.s as ultra vires the Presidential Order but held the striking down to be prospectiv…

Four Rajasthan co‑operative societies with substantial losses were amalgamated into Rajasthan R.S.S. & Ginning Mills Fed. Ltd. on 1 January 1993, after which the appellant sought to carry forward the accumulated losses of the amalgamated societies and set them off against its own profits under Sections 72 and 72A of th…

The claimants, passengers in a jeep that collided with a fleeing truck, sought compensation under the Motor Vehicles Act, 1988 after two of them were killed and one injured. The High Court held both the truck and the jeep responsible but apportioned liability 70% to the truck driver/owner and 30% to the jeep driver/own…

Deepak Bhandari, a director and guarantor of a defaulting industrial company, challenged a suit filed by Himachal Pradesh State Industrial Development Corporation Ltd. for recovery of a loan balance. The corporation had taken possession of the company's mortgaged assets under Section 29 of the State Financial Corporati…

The appellants, consumers of electricity, were accused of theft of electricity and the State Electricity Board lodged a complaint that led to an FIR under Sections 135/126 of the Electricity Act, 2003. The Special Judge took cognizance of the offence, but the appellants challenged the jurisdiction, arguing that an Assi…

The appellant, a 25‑year‑old self‑employed man, was paralysed below the waist after a bus accident and filed a claim under the Motor Vehicles Act, 1988. The Motor Accident Claim Tribunal awarded Rs 3 lakh, which the High Court enhanced to Rs 8,08,052 by applying a multiplier of 15 and clubbing future treatment with pai…

The case involved the murder of Bairam, the son of complainant Heera, arising out of a long-standing land dispute and enmity between the parties. The trial court convicted all accused under Sections 148, 302 r/w 149 and 307 r/w 149 IPC, but the Rajasthan High Court acquitted four accused and convicted the remaining thr…

The appellant K. Ravi Kumar was convicted of murder under Section 302 IPC and cruelty under Section 498‑A IPC for stabbing and setting his wife on fire. He appealed, contending that the killing occurred during a sudden quarrel without pre‑meditation, thus falling within Exception 4 to Section 300 IPC. The Supreme Court…

The appellants Suresh and others were convicted for kidnapping and murdering Devender Chopra and his son Abhishek, and for concealing evidence, under IPC sections 302, 34, 364-A, 201 and 120-B. The Supreme Court held that the prosecution evidence, including the recovery of the victims' bodies and belongings at the accu…

The dispute concerned the ownership of Khata No. 201 in Sultanpur, where Kamla Devi claimed a share inherited from her father Ram Samujh, while Krishna Nand and Shiv Ram asserted title based on a 1938 purchase recorded in their uncle Ram Adhar's name. Three consolidation authorities under the Uttar Pradesh Consolidatio…

The Delhi Gymkhana Club Ltd., a members' club with a kitchen and catering division employing more than twenty workers, was held by the Employees' State Insurance Corporation to be covered under the Employees' State Insurance Act, 1948 and was ordered to pay contributions for the period 1980-1985. The club challenged th…

The New Mangalore Port Listed Workers Managing Committee was created in 1983 to provide stevedores for loading and unloading cargo at the New Mangalore Port Trust (NMPT) and was dissolved on 15 March 1990 when its workers were absorbed into NMPT as a cargo‑handling wing. The Committee challenged a Karnataka State Gover…

The petition concerned the sale of 291 plots belonging to Vitta Mazda Ltd, a company under liquidation. The Official Liquidator, following orders of the Company Court, attempted to auction the plots at prices far below market value, prompting the petitioners to challenge the price fixation and the liquidation process. …

The appeal concerned a minority shareholder of Gharda Chemicals Ltd., a company that started as a private firm but became a public (hybrid) company under Section 43A of the Companies Act, 1956. The Articles of Association contained Article 57, a pre‑emption clause restricting share transfers, which the appellant claime…

Reliance Industries and BG Exploration entered into two Production Sharing Contracts (PSCs) with the Government of India for oil fields. Disputes arose over royalties, cess, service tax and a CAG audit, leading Reliance to issue a notice of arbitration under Article 33 of the PSCs. The parties agreed that the arbitrati…

Bal Kishan Giri, a practising advocate, filed a complaint in the Allahabad High Court alleging that three High Court judges were biased and would grant bail to accused gangsters linked to a local MLA, after his nephew was murdered. The High Court issued a show‑cause notice for contempt, to which Giri tendered an uncond…

The appellant, a lawyer, was convicted of criminal contempt under Section 12 of the Contempt of Courts Act, 1971, by the Allahabad High Court and fined Rs.20,000. He appealed the conviction and fine before the Supreme Court (Criminal Appeal No. 686 of 2010). The Supreme Court, while noting the judgment in the related C…

Swiss Timing Ltd., a Swiss company, entered into a contract with the Commonwealth Games 2010 Organising Committee to provide timing and scoring services. The Committee failed to pay the agreed fees, prompting Swiss Timing to invoke the arbitration clause in the agreement. The Committee objected, claiming the contract w…

The original plaintiff, Faqir Chand, was a tenant under a 1968 lease that granted him the right to irrigate his 25+ kanals of land from a well situated on the landlord's property. When the Himachal Pradesh Tenancy and Land Reforms Act, 1972 came into force, Section 104(3) vested ownership of the leased land in the tena…

The original plaintiff, Ramesh Chander, sued Jalandhar Improvement Trust for vacant possession of a plot allotted to him after his father's land was acquired. The trial court decreed in his favour, but the first appellate court reversed the decision, leading Ramesh to file a second appeal. Ramesh died during the penden…

Usha Bharti, elected as Adhyaksh of the Zila Panchayat, Sitapur, challenged a motion of no confidence moved by 37 members under Section 28 of the Uttar Pradesh Kshettra Panchayat & Zila Panchayat Act, 1961. The High Court dismissed her writ petition and later her review petition, prompting a Special Leave Petition befo…

The Supreme Court considered appeals by two police officers, an IPS officer and a Sub‑Inspector of the Anti‑Terrorist Squad, who had been in judicial custody for nearly seven years on charges of murder, conspiracy and related offences. Their bail applications had been rejected by the High Court of Bombay. The Court exa…

The appellant Bhule Ram challenged the compensation awarded for his land acquired under the Land Acquisition Act, 1894, arguing that the market value should be Rs 10,00,000 per acre. The award was initially Rs 4,65,000 per acre, later enhanced to Rs 5,99,850 by the reference court and to Rs 6,51,000 by the High Court. …

The appellant, a Mandal Revenue Officer, was accused of demanding a bribe of Rs 250 for the release of essential commodities to a fair‑price shop owner (the complainant). The trial court and the High Court convicted him under Sections 7 and 13(1)(d)(i)(ii) read with Section 13(2) of the Prevention of Corruption Act, 19…

The Supreme Court, acting suo motu, examined a gang rape of a 20‑year‑old woman in West Bengal ordered by a community panchayat as punishment for an inter‑community relationship. The Court directed a district judge and chief magistrate to investigate, and later required the State to furnish the FIR, investigation repor…

The Supreme Court dismissed Civil Appeals Nos. 1393‑1394 of 2002 filed by Madan Lal and others, which arose from writ petitions challenging the selection and appointment of District and Sessions Judges under the Jammu and Kashmir Higher Judicial Service Rules, 1983. The appellants did not contest any specific selected …

The Supreme Court examined a civil appeal challenging the Patna High Court's refusal to extend a judicial officer's service beyond the age of 58. The officer, R.G., had an adverse remark in his 1995 Annual Confidential Report (ACR) that was never communicated to him and was later superseded by promotions to District & …

The case concerned appeals and special leave petitions filed by Raja Ram and others challenging the award of compensation under Section 23 of the Land Acquisition Act, 1894, seeking enhancement of the amount payable. The respondents, Union of India and others, contended that the compensation awarded by the acquiring au…

The Supreme Court examined the constitutional validity of the Juvenile Justice (Care and Protection of Children) Act, 2000 (as amended) after a 23‑year‑old woman was murdered and one of the accused, Raju, was a minor. Petitioners sought to have the Act read down so that juveniles who commit serious offences could be tr…

The landlord (Mis. S.F. Engineer) sought eviction of its tenant Metal Box India Ltd. and the tenant's former employee under Section 13(1)(e) of the Bombay Rent Act, alleging unlawful sub‑letting. The trial and appellate courts held that the tenant had not part‑ed with legal possession nor received any monetary consider…

The appellant, Commissioner of Central Excise, challenged the assessee's claim that sales tax collected under the Rajasthan Sales Tax Incentive Scheme could be deducted from the assessable value for excise duty. The assessee relied on CBEC circular dated 12‑03‑1998, arguing that the retained 75% of sales tax was an inc…

The Mumbai Municipal Corporation amended its promotion rules for Deputy Municipal Commissioner through Resolutions approved by the State Government, but the rules were not published in the Official Gazette until 28‑April‑2011. The petitioners, Assistant Municipal Commissioners, sought promotion under the amended rules,…

The State of Rajasthan prosecuted Parmanand and Surajmal for possession of 9.6 kg of opium under the NDPS Act. The police seized the opium from a bag carried by Parmanand after conducting a bag search and personal searches of both accused, but the accused were only given a joint written notice of their right under Sect…

The appellant, Nisha Devi, was appointed as an Anganwadi worker on the basis of an income certificate showing her annual income was below Rs.12,000. The appointment was later cancelled after the Tehsildar reported that she owned 1‑19 Bighas of land in addition to her father's 6 Bighas, implying a higher income. The Hig…

The Jharkhand State Electricity Board (JSEB) appealed against a High Court order directing it to refund excess amounts charged to two high‑tension consumers under a 1994 agreement. The consumers had paid the bills under protest, arguing that after the Electricity Act, 2003, tariff power shifted exclusively to the State…

The Central Bureau of Investigation (CBI) alleged that Narendra Lal Jain and others conspired with officials of the Bank of Maharashtra to inflate the creditworthiness of companies and obtain loans beyond entitlement, invoking Sections 120‑B and 420 of the IPC and provisions of the Prevention of Corruption Acts. While …

Tapash Kumar Paul, a workman employed by BSNL, was terminated in violation of Section 25‑F of the Industrial Disputes Act, 1947. The Central Government Industrial Tribunal ordered his reinstatement but awarded only Rs 20,000 as compensation for back wages because the management failed to produce records of his actual d…

A goods vehicle accident resulted in the death of Hanumanth, who was employed as a 'Gumasthe' accompanying the goods in transit. The claimants (his widow and children) obtained a compensation award from the Motor Vehicles Accidents Claim Tribunal against both the owner‑driver and United India Insurance Company. The Hig…

The petitioner, Sanjay Kumar, alleged that he was appointed as a senior lecturer in a purportedly fake dental college, received post‑dated cheques for salary which later bounced, and consequently filed a criminal complaint under various IPC sections and Section 138 of the Negotiable Instruments Act. The High Court quas…

The Catholic society Montford Brothers of St. Gabriel filed a claim before the Mizoram Motor Accident Claims Tribunal (MACT) for compensation under the Motor Vehicles Act, 1988, after one of its members, a "Brother" who had renounced his family ties, died in a road accident. The Tribunal allowed the claim, but the insu…

M/s Magnum Promoters Ltd., the owner of land in Delhi, challenged acquisition notifications issued under the repealed Land Acquisition Act, 1894, arguing that no physical possession was taken and compensation was not paid, invoking Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Re…

M.P. Singh Bargoti, an Inspector in the Madhya Pradesh Police (Fingerprint Branch), retired on 31 March 1998 without being promoted to Deputy Superintendent of Police (DSP). The Administrative Tribunal had directed that a combined gradation list be prepared including his name for promotion, but the list was either not …

The State of Assam claimed that surplus land, declared under the Urban Land (Ceiling and Regulation) Act, 1976, had been vested in the government after possession was taken in December 1991, and that the later repeal of the 1976 Act by the 1999 Repeal Act did not affect that vesting. The heirs of the original owner cha…

The case concerned a 5‑acre parcel of land originally assigned to a landless poor woman, Sagiraju Bangaramma, who sold it in 1970 to another landless poor person, Durga Ramalingeswara Rao, before the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 came into force. After Rao’s death, his heirs sold th…

KSL & Industries Ltd. appealed against a Delhi High Court order that set aside a Debt Recovery Tribunal decision allowing the appellant to recover Rs. 25.26 crore from M/s. Arihant Threads Ltd. The dispute centered on whether the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) – specifically Section 22,…

The appellant, a mason, entered the house of the prosecutrix on 4 October 2002 armed with an aruval, intending to satisfy his lust. He tied up the brother (Manikandan) and a relative (Sangeetha), raped the prosecutrix, murdered Manikandan when he attempted to call for help, subsequently slit Sangeetha's throat, and sto…

The Supreme Court examined the scope of the High Court's revisional jurisdiction under the Haryana Urban (Control of Rent & Eviction) Act, 1973, the Kerala Buildings (Lease and Rent Control) Act, 1965 and the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The issue was whether the High Court could re‑apprecia…

Surjit Singh filed a suit for specific performance of a land sale contract. The trial court dismissed the suit and rejected the plaintiff's application under Section 151 CPC to file bank statements as additional documents; the High Court affirmed this rejection. On appeal, the plaintiff sought to introduce the same ban…

A doctor was shot dead in his clinic and the accused, Deny Bora, was charged under Sections 302, 34 and 314 of the IPC and under the Terrorist and Disruptive Activities (Prevention) Act (TADA). The Designated Court acquitted him of the TADA offences but convicted him for murder based solely on the testimony of PW‑14, w…

The petition challenged the appointment of several Union Ministers on the ground that they had criminal antecedents or were facing charges for serious offences, seeking a declaration that such appointments were unconstitutional and requesting the Court to frame guidelines for ministerial appointments. The Court examine…

The State of Jharkhand issued Notification S.O. No.25 on 25 June 2001 reducing the Central Sales Tax rate to 3% for the "sale of all types of glass and glass sheets" in interstate trade. M/s Laopalarg Ltd., a manufacturer of glassware, claimed that its products fell within the "types of glass" and therefore were eligib…

The case concerned an application by the CBI for a pardon under s.306 CrPC in a corruption investigation where the offence was triable by a Special Judge under the Prevention of Corruption Act, 1988. The Metropolitan Magistrate granted the pardon to the co‑accused during the investigation, a decision later challenged b…