Judgments of 2017

The appellants, M/s. Meters and Instruments Private Ltd. and others, were charged under Section 138 of the Negotiable Instruments Act for issuing a dishonoured cheque to the complainant, Kanchan Mehta. The complainant refused to accept a demand draft, while the accused offered to pay the cheque amount with interest and…

The case concerned attachment of properties under the Criminal Law (Amendment) Ordinance, 1944 in a large‑scale fraud involving the father of the appellants, who died before trial, and his son Ravi Sinha, who was convicted in one case and faced trial in another. The State sought to make the interim attachment orders ab…

Nabha Power Ltd (NPL) entered into a 25‑year Power Purchase Agreement (PPA) with Punjab State Power Corporation Ltd (PSPCL) for a 1200 MW plant under a fuel‑specific, pre‑identified site procurement route. The PPA’s energy‑charge formula required the cost of purchasing, transporting and unloading coal "to and at the pr…

Harbanslal Malhotra & Sons Pvt Ltd owned a two‑storey building with appurtenant land and was assessed for municipal tax under the Calcutta Municipal Corporation Act, 1980. The Assessing Officer fixed the annual valuation at Rs 59,400 for AY 1988‑89 and Rs 4,25,600 for AY 1994‑95. The Municipal Assessment Tribunal uphel…

The plaintiff, a charitable society, filed a suit against another society and a person seeking a declaration that a sale deed concerning a piece of land was void. The plaintiff applied to the trial court for permission to prosecute the suit in a representative capacity under Order I Rule 8 of the Code of Civil Procedur…

The respondent, a government employee, was appointed on an officiating basis to Superintendent Grade II in 2004 and later to Superintendent Grade I in 2007, with orders stipulating that he would continue on his own pay scale pending departmental promotion committee approval. He retired in 2008 and filed a writ petition…

Maharaja Amrinder Singh, a wealth‑tax assessee, challenged the High Court’s order that set aside the Income Tax Appellate Tribunal’s decision in his favour and restored a penalty assessment for the years 1981‑84. The revenue had appealed to the High Court under Section 27‑A of the Wealth Tax Act, 1957, which the Suprem…

The State of Maharashtra appointed fifteen advocates as Additional Government Pleaders, Assistant Government Pleaders or Additional Public Prosecutors for the Aurangabad Bench of the High Court. On 28 August 2015 the State cancelled these appointments under Rule 30(5) of the Maharashtra Law Officers (Appointments, Cond…

Samar Kumar Roy filed a suit under Section 34 of the Specific Relief Act, 1963 (and Section 38 for injunction) seeking a declaration that his alleged marriage under the Special Marriage Act was void. The plaintiff died during the proceedings and his mother was substituted as his legal representative under Order 22 Rule…

The appellant, MIS Rapta­kos, Brett & Co. Ltd., occupied premises leased to it until 1985. The respondent, Mis Ganesh Property, sued for possession and mesne profits in 1986; the court decreed possession in its favour but declined the mesne‑profit claim because the respondent did not press it. Subsequent appeals allowe…

Siddalingayya sued the respondents for Rs 45,000 damages alleging illegal demolition of his construction. The respondents failed to file a written statement within the time fixed, and the trial court refused to extend the deadline, proceeding to decree in favour of the plaintiff. The respondents appealed, and the High …

The World College of Medical Sciences & Research and Hospital sought a writ of mandamus to quash the order that barred it from admitting MBBS students for the 2017‑18 and 2018‑19 sessions and to obtain renewal of its Letter of Permission (LOP). The Medical Council of India (MCI) inspection in October 2016 identified si…

The appellant, Navnirman Development Consultants, was awarded a contract to construct a sports complex for a government agency, completed the work, but was not paid for its bills. The parties' agreement contained an arbitration clause, and when the respondent failed to constitute an arbitral tribunal, the appellant inv…

The appellant was convicted under Section 138 of the Negotiable Instruments Act and was ordered to pay Rs.2.75 lakh as compensation under Section 357(3) of the Code of Criminal Procedure, with a default imprisonment of one month for non‑payment. He served both the principal sentence and the default imprisonment, after …

The Supreme Court heard a public‑interest writ petition alleging systematic sexual abuse of children in orphanages in Tamil Nadu and the broader failure of the State to protect children in need of care and protection. The Court examined the scope of the term "child in need of care and protection" under Section 2(14) of…

On 16 December 2012, a 23-year-old paramedical student and her male friend boarded a bus in Delhi. Six men, including the appellants, gang-raped her, inserted an iron rod into her private parts causing severe internal injuries, and threw both victims out of the moving bus. The woman died from her injuries. The appellan…

A land dispute in Mamkhor village led to a scuffle on 11 July 1992 during which accused Hari Shankar Shukla retrieved a country-made pistol and fired a bullet that killed Umesh Shukla and attempted to kill Savitri Devi. The trial court acquitted all three accused, finding the eyewitness accounts contradictory and quest…

The petitioners sought a writ of mandamus challenging the approval and administration of the HPV vaccine, relying heavily on a report of the Parliamentary Standing Committee. The Union of India contended that such a report could not be used as evidence to establish facts, invoking parliamentary privilege and the doctri…

The Commissioner of Central Excise appealed against United Spirits Ltd., which manufactures Indian Made Foreign Liquor (IMFL) and also produces food flavours used in IMFL. The revenue department issued show‑cause notices alleging that royalty received from franchisees for the use of its trademark should be added to the…

The Supreme Court considered whether the Maharashtra Government could, under the Maharashtra Universities Act, extend the Sixth Pay Commission pay scales to non‑teaching staff of unaided engineering colleges affiliated to state universities. The appellants, two unaided colleges, argued that the 2009 Rules applied only …

The appellant filed suit O.S. No. 6640/1996 for declaration and injunction over a piece of land, while the respondent filed a cross‑suit O.S. No. 2150/1992; both suits were clubbed and the trial court dismissed the appellant's suit and decreed the cross‑suit. The appellant then filed two first appeals under Section 96 …

The respondent, owner of the Kannada daily "Jaya Kirana", was charged under Sections 500, 501 and 502 of the Indian Penal Code for publishing a news item that the appellant claimed was defamatory. The appellant filed a private complaint, which led to criminal proceedings; the respondent sought quash of the case under S…

The respondents, members of a cooperative housing society, entered into a Joint Development Agreement (JDA) with developers to develop 21.2 acres of land. Only two instalments were paid and 7.7 acres were conveyed, for which capital gains tax was paid. The Assessing Officer and the ITAT treated the unreceived considera…

The State of Himachal Pradesh appealed against a High Court order that had held Mis Gujarat Ambuja Cements Ltd. entitled to reimbursement of Peak Load Exemption Charge (PLEC) under the power‑tariff‑freeze incentive granted to industrial units. The cement unit, which began commercial production on 26‑Sept‑1995, was supp…

The appellants were charged under Sections 384, 467, 468, 471, 120‑B and 506(2) of the Indian Penal Code for allegedly conspiring to forge documents and extort land from the complainant. They filed a petition under Section 482 of the Code of Criminal Procedure seeking to quash the FIR on the ground that the dispute had…

The appellants, landlords of a commercial premises, were not named in the charge sheet filed under Sections 379, 427, 341 r/w 34 IPC and Section 3(1) Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, although they were mentioned in the FIR. After the trial evidence was recorded, the complainant sought to s…

The case concerned the Delhi Tax Compliance Achievement Scheme (Amnesty Scheme) under Section 107 of the Delhi Value Added Tax Act, 2004. The Additional Commissioner, acting as the "Designated Authority", issued a show‑cause notice under clause 8 of the Scheme alleging false declaration by MIS Ahluwalia Contracts. The …

The petitioners, Dushyant N. Dalal and his wife, were ordered by SEBI to disgorge unlawful gains of Rs.4.05 crore and pay a penalty of Rs.6 crore, with a debarment of seven years if unpaid. They challenged the SEBI order, arguing that interest could not be levied retrospectively under Section 28A of the SEBI Act and th…

The appellant insured a truck with Reliance General Insurance, which was stolen on 23 March 2010. While assisting police in the search, the appellant delayed filing the insurance claim until 31 March 2010, citing an eight‑day gap due to police involvement. The insurer rejected the claim on the basis of a policy conditi…

K.S.B. Ali claimed title to 1,635 acres of land in Kokapet village on behalf of 203 alleged heirs of Nawab Nusrat Jung‑I, relying on a 1954 Atiyat Court order approved by the Revenue Minister. The Government issued several orders (2002, 2004, 2005) that were later rescinded, and tenders for the land were issued. Ali fi…

The appellant, a police officer, challenged the promotion and seniority of respondent No.1, who was granted notional promotion to Deputy Superintendent of Police for 2001 despite a 1997 punishment of a two‑year increment bar. The High Court had directed inclusion of respondent No.1 in the 2001 select list, ignoring the…

The dispute concerned custody of a 17‑year‑old son and a 13‑year‑old daughter after the parents separated. The father had initially kept the children in boarding schools, where the son performed poorly, but after the mother took over their care their academic results improved markedly. The children, when interviewed by…

The wife filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking maintenance, and a Metropolitan Magistrate granted interim maintenance of Rs.2,50,000 per month. The husband failed to comply, leading to execution proceedings and an appeal before the Additional Sessions …

The appellant challenged a Karnataka High Court judgment that dismissed a first appeal against a trial court order directing rectification of a partition deed. The High Court had merely reproduced portions of the trial court judgment and quoted documents without analysing the evidence or addressing the legal issues rai…

The Supreme Court examined an arbitral award granting Buildworth Pvt. Ltd. price‑escalation, idling‑charges and interest against Assam State Electricity Board. The Board argued that the award exceeded the contractual ceiling for escalation, ignored the claimant’s contributory delay, and that interest could not be award…

The Union of India challenged the Andhra Pradesh High Court judgment that exempted chit fund companies from service tax on the ground that their activities fell within the definition of "banking and other financial services" under s.65(12)(a)(v) of the Finance Act after the 2007 amendment. The issue was whether the ope…

The parties entered into a shareholders' agreement that stipulated arbitration under ICC Rules with the venue in London and the agreement governed by Indian law. The appellants argued that, based on the English court's interpretation and the Supreme Court's endorsement in BALCO and Enercon, the seat of arbitration was …

The Rajasthan Wakf Board filed an appeal against a High Court order that set aside a Wakf Tribunal decree declaring a disputed parcel of land to be Wakf property. The dispute centered on whether the suit land was part of the "Kauria Wali Masjid" Wakf and, if so, whether its sale by a non‑Wakf party was void under the W…

The deceased, Tamkinat Ara, was allegedly burned to death by her husband and several in‑laws. The trial court convicted the husband, father‑in‑law, sister‑in‑law (Bibi Parwana Khatoon) and her husband (Md. Hasan) under IPC s.304B read with s.34, sentencing them to imprisonment. On appeal, the High Court upheld the conv…

The case concerned the murder of Badan Pal, a student, at a tube‑well shed where the deceased was shot. The prosecution proved that four accused, including Mahendra Singh and Vijendra Singh, were present in the shed; two were armed with pistols while Mahendra carried a lathi and Vijendra a ballam. The trial court convi…

The appellant, Gautam Jain, was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on grounds of alleged hawala transactions. He challenged the detention, arguing that the order was based on a single composite ground and that the authorities f…

The appellant, Gopal and Sons (a Hindu Undivided Family), had subscribed to shares of a fertilizer company, with the share certificates issued in the name of its Karta but the HUF shown as the beneficial and registered shareholder in the company's annual returns. The Assessing Officer added Rs. 1,20,10,988 as deemed di…

Patel Brothers, a registered dealer, faced reassessment orders after providing false exemption claims and subsequently filed revision petitions under Section 81 of the Assam Value Added Tax Act, 2003, more than 335 days after the prescribed 60‑day limit. The petitions sought condonation of delay under Section 5 of the …

The appellant, a senior manager of RIICO Ltd., filed an FIR alleging that a letter dated 10‑04‑1992, addressed to Respondent No.2, was forged and that the forgery constituted offences under IPC sections 420, 467, 468 and 471. The police final report, relying on Section 195(1)(b)(ii) of the CrPC, held that investigation…

The original complainant, Smt. Chandra Narayan Das, filed a criminal complaint alleging offences under Sections 420, 467, 468, 471, 120B, 201 and 34 IPC. The complaint was dismissed by the magistrate and a subsequent criminal revision was also rejected. While a criminal miscellaneous petition was pending before the Hig…

The Supreme Court examined whether deemed‑to‑be universities could award engineering degrees through open‑distance learning without the approval of the All India Council for Technical Education (AICTE). It held that AICTE is the exclusive authority to lay down norms for technical education and that the Distance Educati…

The petitioners, Maharashtra Forest Guards and Foresters Union, challenged Rule 7(2) of the 1987 Recruitment Rules which required a graduate degree to appear for the Limited Departmental Competitive Examination (LDCE) for promotion to Forester. While 75% of Forester vacancies are filled by seniority, the remaining 25% …

The appellant, a contractor, entered into a contract with the Union of India for railway works and later issued a 'No Claims Certificate' after abandoning the work. Disputes arose and the appellant sought arbitration under Section 11(6) of the Arbitration and Conciliation Act, 1996, leading to an arbitral award that in…

The appellant filed a suit in 2008 to cancel a 1995 sale deed of land that had been purchased by defendant No. 7, who had died before the suit was instituted. The trial court dismissed the appellant’s application to bring the deceased defendant’s legal representatives on record under Order 22 Rule 4, deeming it non‑mai…

The Rustom Kerawalla Foundation runs Vibgyor High School in Mumbai and pays an annual lease rent of Rs 2.5 crore for a building on land allotted by MHADA under a 2% discretionary quota, i.e., not through competitive bidding. The Deputy Director of Education disallowed the rent as part of the school’s fee structure unde…

The Allahabad Municipal Corporation (Nagar Nigam) issued a notification imposing a licence fee on insurance companies under the Uttar Pradesh Municipal Corporations Act, 1959. The Life Insurance Corporation of India (LIC) challenged the levy, arguing that its business of life insurance does not fall within the definiti…

The assessees, Mis. Hindustan Petroleum Corporation Ltd., engaged in bottling liquefied petroleum gas (LPG) into cylinders for domestic use and claimed deductions under Sections 80HH, 80‑1 and 80‑IA of the Income Tax Act, 1961. The Assessing Officer disallowed the claim, holding that bottling did not amount to ‘manufac…

The appellants Sanjay Khanderao Wadane and others were convicted for the murder of Ravindra Kale, who was beaten to death with swords and iron pipes during a long-standing dispute. The appellants challenged the conviction on the ground that a prosecution witness (PW‑8) claimed to have eaten "Bhel" with the deceased sho…

Hyundai Corporation entered into a contract with Oil and Natural Gas Corporation (ONGC) for offshore oil exploration, which contained Clause 13.2.8 (sub‑contractor liability) and Clause 17.3 (indemnity for costs arising from a change of law). A change in Indian tax law – Section 44BB/4488 of the Income Tax Act, 1961 – …

The appellant, Muttaicose@ Subramani, was convicted of murder under Section 302 IPC for assaulting the deceased Natrajan with a sickle after chasing him, during a dispute over land. The defence argued that the First Information Report (FIR) was lodged with an undue delay and that the key eye‑witnesses were relatives of…

M/s Mascot International imported flat‑rolled stainless‑steel products whose width was between 1250 mm and 1300 mm and claimed exemption from anti‑dumping duty under Notification No. 14/2010‑Cus as amended by Notification 86/2011‑Cus. The issue before the Supreme Court was whether the duty applied to goods whose width …

The appellants filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, claiming personal necessity for premises they alleged they owned and had leased to the respondents. During the trial the respondents sought to amend their written statement to deny the appellants' ownership, assert…

Indofil Industries Ltd. and others were prosecuted under the Insecticides Act for a misbranded insecticide and sought to quash the criminal complaint, contending that the spare sample had been sent to the Central Insecticides Laboratory (CIL) before any proceedings, violating Section 22(6)(ii) and depriving them of the…

The case concerned the applicability of the Pharmacy Act, 1948 to the newly created State of Jharkhand after the Bihar Reorganisation Act, 2000. The petitioners challenged a Jharkhand Government notification that sought fresh registration of pharmacists under Section 31 of the Act, arguing that the First Register prepa…

The Pharmacy Council of India challenged the constitution of a Registration Tribunal by the newly formed State of Chhattisgarh under Section 30 of the Pharmacy Act, 1948, which was intended to prepare a new First Register of pharmacists and to renew registrations of pharmacists already listed in the First Register of t…

The Supreme Court examined a challenge to the Central Government's 2009 notification (S.0.2941(E)) amending the NDPS Act's quantification parameters by inserting Note 4. The petitioners argued that the Act does not empower the Government to alter the definition of "small" and "commercial" quantities or to base punishme…

The mother, Nithya Anand Raghavan, removed her seven‑year‑old daughter Nethra from the United Kingdom to India and the father filed a writ of habeas corpus in Delhi seeking the child's production and compliance with a UK court order directing her return. The Delhi High Court ordered the mother to produce the child and …

The appeal concerned a suit for eviction filed by D.C. Harris (respondent) against tenants D.N. Joshi and others (appellants) who challenged the respondents' title to the premises. The title derived from a 1949 gift deed by Akhtari Begum to her brother Zamir Ahmad, followed by a 1965 sale deed to the respondents. The l…

The appeal arose out of a dispute concerning eviction under the Rent Control Act, where the appellants relied on a gift deed dated 31 May 1949 to assert a right over the premises. The central question was whether that deed conferred a valid title that could defeat the landlord’s right to evict. The matter had already b…

The dispute arose from a purchase order between TRF Ltd (appellant) and Energo Engineering Projects Ltd (respondent) where the contract stipulated that any dispute be referred to the Managing Director of the buyer or his nominee as sole arbitrator. After the Arbitration and Conciliation (Amendment) Act, 2015 introduced…

The Supreme Court examined whether a holder of a licence to drive a light motor vehicle (LMV) must obtain a separate endorsement to drive a transport vehicle of the same class. By interpreting the definitions in the Motor Vehicles Act, 1988, particularly section 2(21) and section 10(2)(d), the Court held that a transpo…

The owner appealed an award of the Motor Accident Claims Tribunal (MACT) which held that the driver, who possessed only a licence for light motor vehicles (LMV), was unlicensed to drive a tractor attached to a trolley—a transport vehicle—thus breaching the insurance policy. The High Court affirmed this award. The Supre…

The Supreme Court dismissed appeals concerning the administration of Parish Churches within the Malankara Church, which has been divided between the Patriarch faction and the Catholicos faction. The core dispute was whether the 1934 Constitution of the Malankara Church or individual Udampady agreements (such as those f…

Mis. Palam Gas Service, engaged in LPG cylinder business, received freight payments from Indian Oil and paid subcontractors but failed to deduct tax at source under Section 194C. The Assessing Officer disallowed the subcontractor payments as per Section 40(a)(ia) of the Income Tax Act, 1961. The appellant challenged th…

The petitioners, Vasanta Sampat Dupare, were convicted of raping and murdering a four‑year‑old girl and sentenced to death. They sought review, arguing that the trial court violated Section 235(2) of the CrPC by not granting a separate hearing on sentencing, that the State failed to discharge its burden under Bachan Si…

The appellant, Kalpana K. Tripathi, challenged the detention of her husband under Section 3(2) of the Telangana Prevention of Dangerous Activities Act, 1986, on the ground that the detention order dated 23‑11‑2016 was based on incidents that occurred between 2002 and 2007, i.e., nine to fourteen years earlier. The deta…

The Orissa Olympic Association (OOA) was granted a lease of 20.808 acres for a stadium but later constructed 23 shops and a Kalyan Mandap (Barabati Palace) on land the State claims lies outside the lease. The Supreme Court, after a committee measured the leasehold area, found that the shops and part of the Mandap are o…

The Supreme Court dismissed a Special Leave Petition filed by SASI (D) through LRS against orders of the Kerala High Court that dismissed a second appeal (9 March 2012) and a review petition (26 October 2016). The review petition, filed on 20 September 2012, was barred by limitation and remained pending for nearly four…

The MGR Industries Association, whose members operate in an area declared as an industrial development area under the Uttar Pradesh Industrial Area Development Act, 1976, challenged a tax demand by the Zila Panchayat under the Uttar Pradesh Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961, claiming exemption under …

The appellants owned plots that were initially reserved for public purpose under a Draft Development Plan (1971) and later under Town Planning Scheme III (1976). After ten years elapsed from the final Development Plan coming into force, they served a notice under Section 127 of the Maharashtra Regional and Town Plannin…

The State of Rajasthan appealed against the High Court’s order quashing charges framed by a Special Judge against mining engineer Fatehkaran Mehdu and Kishan Singh Rawat under the Prevention of Corruption Act, 1988. The charges alleged that Mehdu, while granting a quarry licence, sanctioned an area of 80,000 sq. ft. on…

The Supreme Court examined the appeal of three accused (Nalini, Kishore Bhadke and Satish) convicted of murder, abduction and related offences arising from a land‑transaction dispute that led to the killing of Raman. The prosecution relied on circumstantial evidence – motive established by the land deal, the victim’s l…

The plaintiff, a former driver of PEPSU Road Transport Corporation, did not submit an option under the PEPSU Road Transport Corporation Employees Pension, Gratuity and General Provident Fund Regulations, 1992, and retired receiving only Contributory Provident Fund (CPF) benefits. He sued for a declaration that he was e…

The Supreme Court examined a public interest writ petition challenging the effectiveness of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and its 2016 amendment, which aim to ensure speedy recovery of bank and financial institution dues through Debt Recovery Tribunals (DRTs) and Appellate Trib…

The Supreme Court, in an order dated 2 January 2017, directed the appointment of a new senior counsel to assist the Court in nominating members of the Committee of Administrators for the BCCI, after senior counsel Fali S. Nariman expressed a conflict of interest due to his prior retainer for the BCCI in 2009. The Court…

The Supreme Court examined a massive illegal mining scandal in Odisha involving 187 iron and manganese ore leases, many of which operated without environmental or forest clearances, exceeded mining plans, or violated statutory provisions. The Court rejected the lease‑holders' claim that the Justice M.B. Shah Commission…

Neera Yadav, while serving as Chairperson and Chief Executive Officer of the New Okhla Industrial Development Authority (NOIDA), filed ante‑dated and incomplete applications to obtain residential plots for herself and her daughters, manipulated the layout plan to enlarge her plot, and secured shop allotments for her da…

The case involved the Deputy Chief Executive Officer of NOIDA, Rajiv Kumar, and the Chairperson‑Chief Executive Officer, Neera Yadav, who were accused of conspiring to illegally convert a government guest‑house plot into a residential plot and allot it to Kumar at a substantially lower premium, thereby obtaining a valu…

The State of Uttar Pradesh alleged that Sunil, along with his brother‑in‑law Suresh Pal Singh, murdered the complainant's father, mother and two sisters. A confessional statement by the deceased brother‑in‑law led to the recovery of a knife and blood‑stained clothing, but the prosecution could not directly link Sunil t…

The appellant, an auction purchaser, bought a schedule property attached in execution of a decree for a loan granted by State Bank of India to the judgment debtor, Samanthapudi Vijaya Lakshmi. The property was proclaimed for sale on 5 October 1999, a 15‑day notice was issued, and the auction was held on 17 November 199…

ESSAR Steel Ltd. (appellant No.1) and its sister company ESSAR Power Ltd. (appellant No.2) sought exemption from electricity duty under the Bombay Electricity Duty Act, 1958, invoking Section 3(2)(vii)(a)(i) and a 1992 notification issued under Section 3(3). The claim was based on the contention that the power generate…

The State of Karnataka prosecuted four relatives of the complainant for offences under Sections 506, 354 and 302 read with Section 34 of the IPC for the fatal assault of Basavaraj. The trial court acquitted the accused, holding that the prosecution had not proved the case beyond reasonable doubt, particularly questioni…

Canara Bank, the secured creditor, sought to enforce its security over an immovable property pledged by the guarantor M. Amaren... after the borrower defaulted. The bank issued a possession notice, valued the property, and then served a notice of intention to sell together with a public e‑auction notice, fixing the sal…

The appellant, who secured admission to the Lucknow campus of English and Foreign Languages Universities after being placed lower on the Hyderabad campus merit list, sought transfer to Hyderabad when seats became vacant. The High Court single judge allowed the transfer, but the division bench set aside that order, hold…

Mohammed Ansari, a member of the General Reserve Engineering Force (GREF), sought non‑functional financial upgradation after completing the requisite service. He filed an original application before the Central Administrative Tribunal (CAT), which, despite a preliminary objection by the Government on jurisdiction, ente…

The respondents filed an eviction petition before the Delhi Rent Controller seeking to evict the occupants of a shop. The appellant, Richard Lee, claimed to be a partner in the firm K.K. Lee, which he alleged was the actual tenant, and moved an application for impleadment as a necessary party under Order I Rule 10 of t…

The appellant Suresh Singhal and his father attended a meeting to resolve a property dispute, during which a scuffle broke out and the appellant was allegedly strangled by the deceased Shyam Sunder and his brothers. In the ensuing struggle the appellant drew his revolver and fired, killing Shyam Sunder; the second brot…

P. Sivanandi, a Deputy Superintendent of Police recruited in 1985, was considered for promotion to the Indian Police Service in 1994‑95. His Annual Confidential Reports (ACRs) for 1992‑93 were initially missing but later found, and the ACR for the period 01‑Apr‑1993 to 15‑Jul‑1993 was written after the prescribed time …

The appellant, Amrutbhai Shambhubhai Patel, filed a petition under Section 173(8) of the CrPC seeking a court‑ordered further investigation by the police after a charge‑sheet had been filed and the trial was underway. The trial court had granted the direction, but the High Court set it aside, holding that a magistrate …

The Commissioner of Customs ordered the confiscation of a drilling rig owned by Mis Aban Loyd Chiles Offshore Ltd. on the ground that the rig had been brought into Indian territorial waters for repairs without filing a bill of entry, was not declared under Section 46 and was therefore imported for home consumption. The…

The appellants Ram Chander and others were convicted for the murder of a mother and her unmarried daughter after the prosecution presented the testimony of Guddi (PW‑9), a close relative and next‑door neighbour, who described the assault, killing with a gandasa, and subsequent burning of the bodies. The defence argued …

The Supreme Court was asked to interpret Section 123(3) of the Representation of the People Act, 1951, specifically the meaning of the pronoun "his" and whether the provision bars appeals based on religion, race, caste, community or language of the candidate, rival candidate, or the voter. The majority, led by Justice …

Harjas Rai Makhija appealed to the Supreme Court alleging that the decree of 4 October 1999, which granted possession of a Bhopal plot to Pushparani Jain, was obtained by fraud because she allegedly concealed a Power of Attorney dated 30 April 1983. The Court held that fraud must be proved with evidence of intent to de…

The Delhi High Court suo motu initiated contempt proceedings against the editor, city editor, publisher and cartoonist of the newspaper Mid Day for publishing articles and a cartoon that alleged judicial impropriety by former Chief Justice Y.K. Sabharwal, deeming the publications contemptuous of the Supreme Court. The …

The Supreme Court examined the chronic delay in disposal of serious criminal cases in district courts, noting that many stays were issued by High Courts under Art. 226 of the Constitution and Sections 397/482 of the CrPC. It evaluated the Law Commission's "rate of disposal" method and the criticisms thereof, and consid…

Indira Jaising filed a writ petition under Article 32 challenging the designation of senior advocates under the Advocates Act, 1961. The Supreme Court reserved its order on 21 October 2016, but an application by R.R. Nair sought recall, arguing that non‑designated lawyers were not heard fully and that a related High Co…

Krishna Narayan Tewari, an officer of Allahabad Bank, was suspended in 2004 and subjected to a disciplinary enquiry that concluded he was guilty of misconduct, leading to his removal from service in 2005. His departmental appeal was dismissed, and he filed a writ petition before the Allahabad High Court, which quashed …

The petitioners, a group of army porters engaged as casual daily‑wage labour in border areas, filed a writ petition under Article 32 seeking to be treated as regular employees with the benefits of minimum pay‑scales, medical facilities, compensation and regularisation. The Union government argued that the porters are s…

The Supreme Court examined the Board of Control for Cricket in India's (BCCI) failure to implement the Lodha Committee recommendations, particularly the appointment of a CAG nominee to the Apex Council, despite a prior judgment dated 18 July 2016. The Court found that President Anurag Thakur had sought a letter from th…

The Supreme Court heard extensive arguments in State of Uttar Pradesh v. Jai Bir Singh (Civil Appeal No. 897 of 2002). The Court examined the correctness of the view expressed in Bangalore Water Supply & Sewerage Board v. A. Rajappa (1978) 2 SCC 213, which had been questioned in a prior reference order. Recognising the…

The appellant United India Insurance Co. Ltd. had earlier ordered that 50% of the compensation deposited in the Registry be released to the claimants upon identification. In the judgment dated 24 November 2017, paragraph II contained that direction. Upon clarification sought by the respondents, the Court read the parag…

The appellants' land was acquired in 1981 for a dam project. In 2011 they sought release of the land, relying on a 2001 Government resolution that allowed re‑grant of land deemed no longer needed for public purpose. The Gujarat High Court rejected the petition, holding that once land is acquired for public purpose it c…

The Campaign for Judicial Accountability and Reforms filed a public‑interest litigation seeking a writ of mandamus directing the Supreme Court to constitute a Special Investigation Team, headed by a retired Chief Justice of India, to probe an FIR (RCIO(A)/2017‑AC.III) alleging conspiracy and bribes to obtain a favourab…

Venture Global Engineering (Venture) and Tech Mahindra (formerly Satyam) entered into a joint‑venture agreement under which each held 50% of a JV company. An arbitration under the London Court of International Arbitration awarded the shares of Venture to Satyam, finding Venture in default. After the award, the former S…

Mis. K. Lakshmanya & Co., a partnership, paid interest under Sections 234(A)-(C) for assessment years 1993-94 and 1994-95 and applied to the Settlement Commission to have that interest waived. The Commission, relying on a CBDT circular, partially waived the interest, after which the Assessing Officer refused to grant i…

Shri Venkateshwara University sought renewal of its Letter of Permission (LOP) to admit MBBS students for 2017‑18 after the Medical Council of India (MCI) inspected the college on 9 December 2016 and recommended debarment for 2017‑18 and 2018‑19. The university argued that the inspection violated clause 8(3)(l)(d) of t…

The plaintiff filed a suit for perpetual injunction over a parcel of land, which the trial court decreed in his favour. The defendants successfully appealed, and the first appellate court set aside the trial court decree. The plaintiff then filed a second appeal before the High Court, which restored the trial court dec…

Krishna‑Mohan Medical College & Hospital challenged a Union of India order that barred it from admitting MBBS students for 2017‑18 and 2018‑19 and authorised the Medical Council of India to encash a Rs 2‑crore bank guarantee, on the ground of alleged faculty and resident‑doctor deficiencies and non‑cooperation with a s…

The Saraswati Educational Charitable Trust sought to establish a medical college and was granted conditional permission for the 2016-17 session. The Medical Council of India (MCI) conducted an inspection in November 2016, finding only minor deficiencies (faculty 1.5% and residents 6.52%) within permissible limits. A se…

The case arose from a politically motivated attack on a Congress Sewa Dal president who was campaigning against the removal of a mayoral candidate. Four accused, including the nephew of one accused, arrived together in a car; one accused (A‑2) fired a revolver at the deceased while the others provided cover and later f…

The CBI filed a charge sheet alleging a false insurance claim and charged several persons, including advocate M. Sivamani, under IPC sections 182, 120‑B, 420, 468, 471 and the Prevention of Corruption Act. Sivamani moved a petition invoking CrPC s.195(1)(a)(i), contending that the court could not take cognizance of the…

The petitioners, a group of medical colleges, applied for permission to establish new medical colleges for the 2016-17 academic year. After the Medical Council of India (MCI) and the Central Government initially disapproved their schemes, the Supreme Court constituted an Oversight Committee which later granted conditio…

IQ City Medical College applied for renewal of its MBBS intake for the 2017‑18 academic year. The Medical Council of India (MCI) inspection identified deficiencies and recommended non‑renewal. A Hearing Committee found the deficiencies insufficient to deny renewal, but the Central Government sent the matter back to MCI…

The appellant, son of the deceased, challenged the acquittal of four accused persons charged with murder, attempt to murder and rioting under Sections 302, 34, 201 and 307 IPC. The trial court had acquitted all accused despite the prosecution's evidence from 13 witnesses. The High Court dismissed the appeal without a d…

The appellants' land was acquired under the Land Acquisition Act, 1894 for a railway line, with compensation paid and a reference for higher compensation awarded in 1988. They later filed a writ petition challenging the validity of the acquisition award, alleging it was not a proper award and seeking fresh compensation…

The Supreme Court examined a writ petition filed by Suraz India Trust, which had repeatedly approached the Court with 64 public‑interest litigations and several contempt petitions, none of which resulted in any relief. The Court found that the Trust’s actions amounted to an abuse of the judicial process, wasting valuab…

Smita Sharad Deshmukh, an employee of State Bank of India, submitted a forged CAIIB Part‑II certificate to obtain additional salary. A domestic enquiry found the certificate forged and dismissed her; the dismissal was upheld by the Appellate Authority and the Industrial Tribunal. The High Court, exercising its writ jur…

The Paradip Port Trust invited bids for mechanisation of berths and awarded the contract to a consortium of JSW Infrastructure Ltd and South West Port Ltd. The second consortium objected, invoking a policy clause that barred a private operator already handling a specific cargo from bidding for the next berth for the sa…

Oil & Natural Gas Corp. Ltd. (ONGC) appealed to the Supreme Court against the order of the Appellate Tribunal for Electricity which denied its claim for a refund. The appeal was filed more than 71 days after the 60‑day period prescribed under Section 125 of the Electricity Act, 2003, and beyond the additional 60‑day co…

The petitioners were tenants of a commercial premises under a conducting agreement and were ordered by the High Court to vacate within a year, later receiving a four‑month extension. They filed an unconditional undertaking to vacate, but subsequently sought a review and a further five‑year extension, claiming the High …

The appellant, N. Parameswaran Unni, presented two cheques drawn by the first respondent, G. Kannan, which were returned unpaid and received a bank intimation on 8 April 1991. He issued a statutory notice by registered post on 12 April 1991, which was returned marked "addressee absent," and a second notice on 4 May 199…

The husband filed a suit seeking annulment of his marriage, alleging that he was forced to marry the wife under threat, that the marriage was not consummated willingly, and that the wife was under 18 at the time of marriage. The trial court held the wife was a minor, declared the marriage void ab initio, and affirmed t…

Gautam Mazumdar died in a road accident in 2007, and his widow and minor daughter filed a compensation claim before the Motor Accident Claims Tribunal (MACT). MACT dismissed the claim for lack of territorial jurisdiction and the review petition was also dismissed. The appellants then filed a petition under Article 227 …

The landlord, Munshi Lal, sought eviction of his tenant, Hakim Rai (deceased) and his successors, alleging that the tenant had sub-let a Kiraria shop to his son‑in‑law Raj Kumar under a partnership deed without the landlord's written consent. The Rent Controller held the partnership to be a ruse and that the son‑in‑law…

The incident occurred on 24 March 1998 when fourteen accused, armed with axes, iron pipes and spears, attacked the complainant Najabhai Desurbhai Wagh near his house after he rebuked them for damaging an electric pole. The assault resulted in the death of the complainant's brother, Unadbhai Desurbhai. The trial court c…

Bhulabhai Bhikhabhai, the Karta of a joint Hindu family, died intestate in 1947 leaving a widow, two sons and two daughters. When the Urban Land (Ceiling and Regulations) Act, 1976 came into force, only the surviving son, Balubhai, filed a declaration under Section 6(1) claiming the entire land; the daughters made no c…

The Supreme Court examined a series of seven ordinances issued by the Governor of Bihar between 1989 and 1992 to take over non‑government Sanskrit schools. None of the ordinances were laid before the state legislature as required by Article 213(2) and they were repeatedly re‑promulgated, violating the precedent set in …