Judgments of 2019

The case concerns Accused X, convicted of kidnapping, raping and murdering two minor girls, for which a death sentence was imposed. The petitioner challenged the conviction on two grounds: (i) the trial court failed to conduct a separate pre‑sentence hearing as required by Section 235(2) of the CrPC, and (ii) the petit…

Bharat Watch Co., through its partner, insured its stock of watches with National Insurance Co. Ltd. (NICL). A theft occurred at the showroom without any forcible entry, and the insurer denied the claim invoking an exclusionary clause for burglary/housebreaking. The consumer forums (District Forum and State Commission)…

The Haryana Urban Development Authority (HUDA) lost a civil suit and its first appeal, and subsequently filed a second appeal in the High Court after a delay of 1,942 days. HUDA sought condonation of this delay under Section 5 of the Limitation Act, arguing that its lawyer’s negligence caused the lapse. The High Court …

The State Trading Corporation of India (STC) and Global Steel Holding Ltd (GSHIL) entered into settlement agreements in 2010 and 2012 under which GSHIL was to pay interest of Rs 600 crore at 8% p.a. by 28 February 2019. The amount was paid, and STC declared that all liabilities under the settlements were fully satisfie…

The workman Dilip Mani Dubey was terminated by his employer M/S SIEL Ltd. An Industrial Tribunal under the Uttar Pradesh Industrial Disputes Act, 1947 awarded reinstatement and back wages, holding that he had been in continuous service for one year as required by Section 6‑N. The employer challenged the award in a writ…

The appellant, Tanuku Taluk Village Officers’ Association, filed two civil suits against the respondents concerning a piece of land, both of which were decreed on 14 August 1996. It also obtained a decree from the Rent Controller ordering the handover of the land, but subsequent applications and appeals led to the Seni…

The appellant, a consumer of electricity, was issued a bill of Rs.3,54,598.21 by BSES for alleged theft of electricity and a FIR was filed against him under Section 135 of the Electricity Act, 2003. The parties later settled the dispute in a Special Lok Adalat, agreeing on a payment of Rs.1,60,000, and the appellant fi…

The Income Tax Department appealed an assessment order, but the Rajasthan High Court dismissed the appeal as infructuous after learning that the assessee company, Gopal Shri Scrips Pvt. Ltd., had been struck off the register under Section 560(5) of the Companies Act, 1956. The question before the Supreme Court was whet…

Dr. Tonmoy Mondal, a medical officer in West Bengal Health Services, applied for voluntary retirement under Rule 75(aaa) of the West Bengal Service Rules, 1971. The State declined his request on the ground of public interest, a decision later quashed by the West Bengal Administrative Tribunal. The High Court initially …

The Supreme Court examined the conduct of advocate Mathews J. Nedumpara, who repeatedly insulted and attempted to browbeat judges during proceedings, and held that such behaviour amounts to contempt in the face of the Court. The Court noted his prior disruptive conduct before tribunals and the Bombay High Court, conclu…

The Supreme Court examined the implementation of an amendment to Rule 5(g) of the Tamil Nadu Revenue Subordinate Service Rules (TNRSS) in light of its earlier judgment in M. Rathinaswami v. State of Tamil Nadu (2009). The amendment gave preference to Direct recruit Assistants over Promotee non‑graduate Assistants, whil…

The accused Chandru @ Chandrasekaran and Siva were convicted of murder (s.302 r/w s.120B) based solely on circumstantial evidence and a private complaint filed four years after the death. The Supreme Court examined the reliability of the complainants' statements, the delay in filing the private complaint, the lack of a…

The State Government referred a dispute under Section 10(1) of the Industrial Disputes Act, 1947 to the Industrial Tribunal, Kota, seeking determination of various workmen demands. The Tribunal decided the reference ex parte against the Bundi Zila Petrol Pump Dealers Association (appellant) because it did not appear, a…

In a commercial suit, the plaintiff sought recovery of Rs. 6.94 crore. The defendant was served on 14 July 2017 but failed to file a written statement within the statutory 120‑day period. The trial court initially extended time to 15 December 2017 on condition of payment of costs, and later, despite the amendment to th…

The International Spirits and Wines Association of India challenged the Haryana Liquor License (Amendment) Rules, 2017 which introduced Rule 24(i‑eeee) creating a single L‑1BF licence for the entire state to trade in imported foreign liquor. The issue was whether the Financial Commissioner, acting under Section 59 of t…

The Delhi Development Authority (DDA) auctioned a lease‑hold residential plot that had been acquired by the Income Tax Department under Section 269UD of the Income Tax Act, which had already paid the unearned increase to DDA. M/s. Karamdeep Finance & Investment (I) Pvt. Ltd. purchased the plot at auction, later applied…

Eleven accused were tried for murder under Sections 148, 302/149, 323/149 and 506/149 IPC, and the trial court convicted all of them. The High Court acquitted eight of the accused, but upheld the conviction of three appellants by altering the charge from Section 149 to Section 34 IPC, convicting them under Section 302/…

The appellant, Parkash Chand, was convicted under Sections 376 and 506 of the Indian Penal Code for raping and intimidating the prosecutrix, PW2, based primarily on her testimony and alleged extra‑judicial confessions to witnesses PW4 and PW5. The FIR was lodged seven months after the alleged incident, and no contempor…

The appellant, a tenant, claimed that he became a deemed purchaser of the land under Section 29 read with the first proviso of Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948, after the landlord's application for possession was rejected. The landlord, a minor who attained majority, had filed an applic…

Mohd. Suleman Siddiqui was appointed as a registration clerk on a daily‑wage basis in 1991 by the District Registrar, Uttar Pradesh. He later claimed that his appointment was regular and sought regularisation, alleging that the termination of his services was illegal and that Rule 22 of the Subordinate Offices Minister…

The case concerned the murder of Sarman Singh, for which six accused were charged under sections 147, 148, 149, 302, 449 and 452 of the IPC. The trial court acquitted all accused, but the High Court convicted three of them (Ramji Singh, Laxman Singh and Lala Ram) based on the testimony of two eye‑witnesses (PW‑1 and PW…

The Andhra Pradesh Public Service Commission (APPSC) conducted a recruitment test for Junior Lecturer in Mathematics and selected G.V. Ramakrishna Sagar, who later declined to join. The next‑highest scorer, Respondent No.1, waited four years and filed an application before the AP Administrative Tribunal in 2016 seeking…

The Chennai Metropolitan Development Authority (CMDA) sought Premium Floor Space Index (FSI) charges from developer D. Rajan Dev for additional building floor area under the Premium FSI Scheme. The developer argued that the charges should be calculated using the guideline value in force on the date of his application (…

Wing Commander S.P. Rathore, an Air Force officer, retired on superannuation with a disability assessed at less than 20% and applied for a disability pension. The Armed Forces Tribunal granted the pension by applying the rounding‑off provisions of Para 7.2 of the Ministry of Defence circular. The Union of India appeale…

The appellant, Raja Ram, claimed that his elderly father, aged over 80, was physically infirm and that the respondents, who cared for him, exercised undue influence to obtain a sale deed in their favour in 1970. The plaintiff alleged that the father's age, cataract, and limited mobility rendered him incapable of free c…

Mohinder Kaur, predecessor‑in‑interest of the appellants, agreed to sell agricultural land to Bahadur Singh, predecessor‑in‑interest of the respondents, for Rs.5,605 with Rs.1,000 paid as earnest money. Possession was handed over to the buyer, and the agreement stipulated that if the pending litigation on the title was…

The petitioners, Goel Ganga Developers India Pvt Ltd, filed an interlocutory application challenging the Supreme Court's interpretation of "built up area" under Item 8 of the Environment Impact Assessment (EIA) Notification dated 14 September 2006. They argued that the Court should have considered a three‑Judge Bench d…

The appellant, who claimed to be a tenant of a flat mortgaged by the borrower to Central Bank of India, sought to stay the bank’s possession of the secured asset under the SARFAESI Act. The bank had issued a notice under Section 13(2) of the SARFAESI Act and obtained an order under Section 14 for physical possession. T…

M/s Vinod & Co. exported goods between 1988-1993 and applied for a REP licence, which entitled it to a 20% premium on export value. The scheme was later discontinued, and the premium was not paid. The company filed a complaint before the District Consumer Disputes Redressal Forum under the Consumer Protection Act, 1986…

Sheoli Hati (mother) and Somnath Das (father) were divorced and disputed the custody and education of their daughter Aditi. The father, having given up his claim to custody, sought a direction that the child be admitted to a reputed boarding school at his expense, while the mother opposed this and preferred schooling i…

The respondent, an assistant typist with United India Insurance Co., was transferred to a new branch but failed to join, leading to disciplinary proceedings and a punishment order on 14 May 2009. He retired on 20 June 2012, after which a termination order dated 26 June 2012 was set aside by the High Court. The High Cou…

The appellant, a constable of the CRPF, was dismissed after a disciplinary enquiry found him guilty of misconduct for carelessly handling his loaded 9 mm carbine, which discharged eight rounds and killed a fellow constable. The same incident led to a criminal trial under Section 304 IPC, from which the respondent was a…

The State of Manipur issued an office memorandum in 1999 revising pension benefits, granting a higher percentage to employees who retired on or after 1 January 1996 and a lower percentage to those who retired earlier. All Manipur Pensioners Association challenged this classification as violative of Articles 14 and 16 o…

The husband of respondent No.1, a former Junior Engineer, was promoted ad hoc to Temporary Assistant Engineer and later regularly to Assistant Engineer before retiring in 1995; his post‑retirement benefits remained unpaid after his death in 2004. A writ petition in 2004 directed the authorities to fix and pay these ben…

Indibility Creative Pvt Ltd and its directors produced the Bengali satirical film *Bhobishyoter Bhoot* which had been certified ‘UA’ by the Central Board of Film Certification (CBFC). Four days before its scheduled release, the Joint Commissioner of Police (Intelligence) sent a letter demanding a private screening, all…

The appellants were convicted of multiple murders and sentenced to death. The trial court recorded the statements of twelve prosecution witnesses without the accused being present, violating Section 273 of the CrPC. The High Court set aside the conviction and ordered a de novo examination of those witnesses in the pres…

The Central Government directed the public sector undertaking FACT to reduce the retirement age of pre‑1978 employees from 60 to 58 years. Trade unions challenged the order in the Kerala High Court; the Single Judge and the Division Bench dismissed the petitions and the Supreme Court dismissed the special leave petitio…

M/S ICOMM TELE Ltd. was awarded a water supply contract by the Punjab State Water Supply & Sewerage Board, which contained an arbitration clause requiring a 10% "deposit-at-call" before invoking arbitration. The company challenged this clause as arbitrary, discriminatory, and violative of Article 14 of the Constitution…

Sepoy Kulbeer Singh, after being posted to a new unit, failed to report and was absent without leave for 302 days, leading to a declaration of desertion under Section 106 of the Army Act. He later reported, was tried by a Summary Court Martial, pleaded guilty to unauthorized absence and loss of equipment, and was sente…

Varinder Kumar was seized on his scooter with two gunny bags containing charas. The trial court acquitted him, citing non‑production of the seizure seal and alleged violations of CrPC s.100(4) and NDNDPS Act ss.50, 52, 57. The Himachal High Court reversed the acquittal, convicting him under s.20(ii)(c) NDPS and imposin…

The case concerned IMTRAT personnel posted in Bhutan who received a Bhutan Compensatory Allowance (BCA) that was subject to a depression. They sought parity with the Foreign Allowance (FA) paid to Indian diplomatic (MEA) personnel and the implementation of a Cabinet decision removing the depression. The Delhi High Cour…

The flat purchasers entered into a purchase agreement that required possession by 31 January 2014, but the occupation certificate was only obtained on 10 February 2016. The National Consumer Disputes Redressal Commission (NCDRC) awarded compensation at Rs 3 per sq ft per month for the delay and interest at 6% per annum…

The complainant alleged that the appellants had forged his signature to obtain bonus shares of Reliance companies and refused to return the original shares, leading to a criminal complaint under various IPC sections. The magistrate initially dismissed the complaint, but a revision remanded it, after which the appellant…

In 2002 the Haryana government acquired about 1,500 acres of land in six villages for the Manesar industrial township. The landowners challenged the compensation awarded under Section 23 of the Land Acquisition Act, 1894, arguing that the market values fixed by the High Court – Rs 41.40 lakhs per acre for most villages…

The appellant, a heavy‑vehicle driver, suffered permanent injury to his right leg after his truck lost control due to an axle cut, rendering him unable to work as a driver. He claimed compensation under the Workmen’s Compensation Act, 1923, and the Commissioner initially awarded Rs 1,81,494 based on a 50% functional di…

The appellant, a senior judicial officer, was compulsorily retired under Rule 56(c) of the U.P. Fundamental Rules after a censure entry in his service record following a vigilance enquiry into an acquittal he had granted. He challenged the retirement, arguing that a single adverse entry and an error of judgment could n…

The appellant, mother of a deceased woman, alleged that her daughter was murdered by her son‑in‑law (the second respondent) rather than having committed suicide. During the trial of a friend of the second respondent for abetment of suicide under IPC s.306, the trial court, on the basis of the appellant’s testimony and …

Sudharshana Chatterjee, a lecturer in Uttar Pradesh (UP), applied for a post in Chhattisgarh and, while her leave request was pending, joined the Chhattisgarh Institute of Medical Sciences (CIMS) and drew salary from both states. After retiring from CIMS, she claimed gratuity, pension and leave encashment from the UP g…

The petitioner (ABCD) filed a writ petition seeking a mandamus directing that investigations under FIR No.58/2018 (rape) and FIR No.256/2018 (extortion) be transferred from Delhi Police to an independent central agency, along with protection under Section 438 of the CrPC. The Court examined the progress of the investig…

The case concerned a perpetual leasehold Nazul plot in Allahabad that had been transferred to the Maharaja of Maihar and later bequeathed by the Maharaja to his second wife’s son. The appellant purchased the plot from the elder son, while the respondents claimed title as members of the joint Hindu family asserting copa…

The petitioners challenged the validity of Section 13(2) of the Chhattisgarh Rent Control Act, 2011, which provides a direct appeal to the Supreme Court from orders of the Rent Control Tribunal. The Court examined whether the State Legislature had competence to legislate on the jurisdiction of the Supreme Court. By ana…

The claimants, the mother and minor brother of 19‑year‑old Yitesh Sadana, sought compensation under the Motor Vehicles Act after his death in a bus accident caused by driver negligence. The Tribunal and the Delhi High Court awarded loss of dependency using a multiplier of 15, based on the mother’s age, and did not acco…

The case involved seven accused of a dacoity during which five eye‑witnesses were seriously injured. All six of the accused (Nos.1‑6) were identified by the injured witnesses in a Test Identification Parade (TIP) and were convicted under Sections 394, 395, 396 and 449 of the IPC; accused No.7 was acquitted. On appeal, …

The appellant, Google India Private Limited, was summoned under a criminal complaint alleging defamation (IPC ss.120B, 500, 501 r/w s.34) for articles posted in a Google Group hosted by it. It filed a petition under CrPC s.482 seeking to quash the summons, arguing it was not an intermediary and that Section 79 of the I…

The petitioners BGS SGS SOMA JV sought to enforce an arbitral award concerning a hydro‑electric project, while the respondent NHPC Ltd filed a Section 34 petition in the Faridabad court to set aside the award. The petitioners applied under Section 151 CPC to have the petition returned to the appropriate court, and the …

The National Highways Authority of India (NHAI) and Gayatri Jhansi Roadways Limited entered into a 2006 contract that contained a detailed fee schedule for arbitrators. After a dispute arose in 2017, NHAI invoked a newer NHAI circular (dated 01‑06‑2017) that amended the fee amounts, while the arbitral tribunal, relying…

The parties entered into a sale agreement for a suit property at Rs.3.65 lakh, with the buyer paying an advance and Rs.60,000, while the seller was to clear the mortgage and deliver title documents before the balance could be paid. The buyer sent registered letters and a legal notice urging the seller to fulfill his ob…

The Supreme Court examined the allotment of a large gala (shop No.F‑158) in the Vashi wholesale market under the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963. The High Court had held that only respondent No.2 (Habibullah Farhatullah) was entitled to the gala based on a transfer of b…

The appellants, dealers under the Andhra Pradesh General Sales Tax Act, 1957 and the VAT Acts, filed appeals against assessment orders but were rejected by the Appellate Authority for not producing proof of payment of tax dues as required by the second proviso of the relevant statutes. The High Court dismissed their wr…

Pankaj Prakash, a public servant of United India Insurance Co., sought promotion from Scale III to Scale IV for the 2014-15 year but alleged that his Annual Performance Appraisal Report (APAR) entries for 2010-11 and 2011-12 were never communicated, preventing him from filing a representation. The Allahabad High Court …

The appellants, a group of 44 buyers, had booked office and shop spaces in the Intellicity project and the builder failed to deliver possession within the agreed four‑year period. They filed a class action under Section 12(1)(c) of the Consumer Protection Act, 1986 seeking refund, interest and compensation, but the Nat…

The appellants, DLF Homes Panchkula Pvt. Ltd., were sued by several flat buyers for failing to deliver possession of their flats within the contractual 24‑month period. The State Consumer Disputes Redressal Commission (SCDRC) ordered the builder to hand over possession, pay interest on the deposited amounts and award c…

The appellant's 15‑year‑old son was admitted with abdominal pain, fever and eye haemorrhage and was operated on to remove roundworms despite a platelet count of only 35,000 per cu.mm. He later died after being transferred to another hospital. The State Consumer Disputes Redressal Commission held the operating surgeon n…

The Karnataka government enacted the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation Act, 2018 to grant consequential seniority to SC/ST promotees, after the earlier 2002 Act was struck down in *B K Pavitra I* for lacking the data required under *M. Nagaraj*. T…

The Supreme Court examined whether the Bihar "Niyojit" teachers, appointed under the 2006 Rules and recruited by Panchayati Raj institutions, were entitled to pay parity with the pre‑2006 Government teachers under the doctrine of equal pay for equal work. The Court held that the two cadres are distinct, the Government‑…

The respondents were engaged as temporary store watchmen on daily wages between 1986 and 1989 under a purely temporary engagement order that stipulated termination when the requirement ceased. After the stores were closed in 1990, the respondents were terminated and later obtained an award from the Labour Court directi…

Girish Kumar, a senior assistant in the Maharashtra Zilla Parishads District Service, was promoted to Office Superintendent with effect from 7 Oct 2005. Respondent No.3, a junior assistant, was granted deemed dates of promotion under Rule 5 of the Maharashtra Civil Services (Regulation of Seniority) Rules, 1982 – senio…

Advocate Rakesh Tiwari entered the chamber of Chief Judicial Magistrate Alok Pandey with several junior lawyers, hurled abusive language, threatened physical assault and attempted to intimidate the magistrate. The Allahabad High Court held that such conduct amounted to criminal contempt under Section 2(c) of the Contem…

The Supreme Court considered applications seeking permission to transport coal from the State of Meghalaya after a tragic incident in which labourers died in illegal rat‑hole mining. The Court noted that a prior order dated 04‑12‑2018 had allowed transport of 176,655 metric tonnes of coal up to 31‑01‑2019, of which 94,…

The appellants, Pramod Kumar and another, challenged two separate alienations of ancestral land by their father Tikaram. They filed a suit in 1963 to set aside the first sale deed (21‑01‑1959) and later, in 1971, a second suit to set aside the second sale deed (11‑02‑1959). Both suits were dismissed by the trial court …

The landlord (appellant) obtained permission from the Rent Controller under the C.P. and Berar Letting of Houses and Rent Control Order, 1949 and issued a notice under Section 108 of the Transfer of Property Act, 1882 before filing a civil suit for eviction. The tenant (respondent) contended that the premises fell unde…

The appellant filed a regular second appeal alleging that the appeal was decided without framing a substantial question of law, relying on decisions of the Punjab and Haryana High Court. The issue before the Supreme Court was whether, under Section 100 of the Code of Civil Procedure as amended by the 1976 Amendment Act…

The Government of India disinvested its stake in ITDC, creating Hotel Queen Road Ltd (HQRL) as a special purpose vehicle. After Moral Trading & Investment Ltd acquired 99.97% of HQRL, the directors (the Mittals) passed three board resolutions in 2004‑2005 allotting and transferring shares to themselves without giving n…

Vibha Bakshi Gokhale and another filed a consumer complaint in 2016 before the National Consumer Disputes Redressal Commission (NCDRC) alleging deficiency of service in a residential flat they had booked. The NCDRC gave them a final opportunity on 16 November 2018 to file a rejoinder and evidence within four weeks, fai…

The victim Raju was attacked on the head with an axe by the accused Kanhaiya Lal and died from the injuries. The trial court convicted the accused under Section 302 of the Indian Penal Code (IPC) for murder and sentenced him to life imprisonment. On appeal, the High Court reduced the conviction to Section 304 Part I, r…

Garware Wall Ropes Ltd. entered into a sub‑contract with Coastal Marine Constructions & Engineering Ltd. that contained an arbitration clause but the sub‑contract was not stamped. When the respondent filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator, the Bo…

Lakshmi Chandra, a daily‑wage employee of the Uttar Pradesh Forest Department, sought regularisation and payment of the minimum pay scale as mandated by earlier Supreme Court judgments. The Department denied his eligibility and issued an order on 19‑Nov‑2008. Chandra filed a contempt application (C‑1632/2009) alleging …

The petitioners challenged the CBI's reliance on three documents that were allegedly taken without authorization from the Ministry of Defence and marked secret under the Official Secrets Act. The respondents argued that the review petition was untenable because the documents violated Sections 3 and 5 of the Official Se…

The appellant, Vijay Mohan Singh, was accused of pouring kerosene on his wife, causing fatal burns, and was charged under Sections 302 r/w 34, 498A, 304B r/w 34 of the IPC and Sections 3, 4, 6 of the Dowry Prohibition Act. The trial court acquitted him, discarding the victim's dying declaration and other material evide…

The claimants, former employees of ONGC, alleged that delays by ONGC in forwarding their benefit scheme claims to LIC caused them loss, and the consumer forums held that they were consumers of ONGC, ordering ONGC to pay compensation. ONGC appealed, arguing that there was no consumer‑service provider relationship becaus…

The Supreme Court considered appeals against a Punjab and Haryana High Court order that struck down a domicile/residence‑based reservation provision in the prospectus of Government Medical College, Chandigarh for PG medical courses. The petitioners sought to uphold the reservation for candidates with a ‘Chandigarh back…

The deceased Aranganathan died in a motor accident and his wife and four daughters claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 59.04 lakh, which the Madras High Court reduced to Rs 33.55 lakh by fixing the deceased's annual income at Rs 2.5 lakh.…

The appellant, Bombay Dyeing, manufactured cotton and man‑made fabrics and claimed that excise duty was not payable on yarn processed in its composite mills, seeking interim relief by executing Form B‑13 bonds under Rule 9B of the Central Excise Rules. The Delhi High Court, referencing Rohit Mills, disposed of the writ…

The instant appeals arose from five suits between 1950 and 1989 over a 1500 sq yard land in Ayodhya, claimed by Hindus as the birthplace of Lord Ram (Ram Janmabhumi) and by Muslims as the site of the Babri Masjid. The Allahabad High Court had directed a three-way partition of the disputed site, which the Supreme Court …

The Shia Central Board of Waqf Uttar Pradesh filed a Special Leave Petition (SLP) before the Supreme Court challenging a civil judgment dated 30 March 1946 passed by the Civil Judge, Faizabad. The petition was filed after an inordinate delay of 24,964 days, and the petitioner failed to provide a satisfactory explanatio…

The appellant R. Jayapal was convicted of murder (s.302 IPC) for stabbing the deceased Poondhaisezhiyan, who later died from a chest wound. He claimed he acted in private defence to protect his wife from the deceased, who allegedly intruded into their house with a group and attempted to assault her. The trial court rej…

Three civil suits involving the State of Andhra Pradesh were tried together, two of which (suits No. 274/1983 and 276/1983) were dismissed while the third (suit No. 141/1984) was decreed in favour of the plaintiffs. The State appealed the decree in the third suit, arguing that the findings on the title issue in the fir…

The Supreme Court considered a batch of writ petitions challenging the constitutional validity of the Insolvency and Bankruptcy Code (Second Amendment) Act, 2018, which classifies home‑buyers/allottees of real‑estate projects as "financial creditors" under the Code, thereby permitting them to invoke Section 7 and to be…

The respondents underwent pre‑service gardener training under a 1998 circular that expressly stated no guarantee of employment after training. The selection of 362 trainees out of 1,359 applicants was not transparent, and the circular did not create a statutory right to appointment. The State later terminated six appoi…

The appellant, Wainganga Bahuddeshiya Vikas Sanstha, terminated the services of respondent No.1, a lecturer appointed on an ad‑hoc basis under Section 59 of the Maharashtra Universities Act, 1994, on the ground of unsatisfactory performance. The termination was challenged before the College Tribunal, the High Court Sin…

The appellant was convicted of murder and dowry death under Sections 302 and 498A IPC. During trial, the prosecution sought to record the testimony of the appellant's two minor children, aged eight and six, but the trial judge excluded their evidence, deeming them incompetent because they did not know the judge or lawy…

The Supreme Court examined whether sales‑tax exemption/deferment granted to cement manufacturers under the Madhya Pradesh Commercial Tax Act, 1994, would continue to apply after the bifurcation of the erstwhile State of Madhya Pradesh into the reorganised State of Madhya Pradesh and the new State of Chhattisgarh. The C…

Peerless General Finance and Investment Co. Ltd. floated collective investment schemes where subscribers deposited money that was to be repaid with interest and could be forfeited under certain clauses. For assessment years 1985-86 and 1986-87 no forfeiture occurred, yet the company recorded the subscription receipts a…

The dispute concerned the authority of Hammad Ahmed, the appellant, to act as Chief Mutawalli of Hamdard Laboratories (India) after the Supreme Court, in its April 3, 2019 judgment (C.A. Nos. 3382‑3383), upheld his appointment but erroneously stated that the parties would continue with the "management" of Hamdard as pe…

The appellant, Vishnu Kumar Tiwari, challenged the High Court's order that set aside the Chief Judicial Magistrate’s acceptance of a police final report (s.173 CrPC) exonerating the accused of dowry‑related offences. The complainant had filed a protest petition against the final report, which the High Court held was no…

The lease of a premises owned by Bengal Chemicals and Pharmaceuticals Ltd. expired on 31 May 2014. The landlord proposed new lease terms, which the tenant (Ajit Nain) did not accept, yet continued to occupy the premises without paying rent, depositing only Rs.25,00,000 as directed by the High Court. The Estate Officer …

The petitioners sought contempt proceedings against the Director General of the Archaeological Survey of India (ASI) and other authorities, alleging that they violated the Supreme Court's order dated 16 January 2012 which barred any construction within 100 metres of the protected monument Jantar Mantar. The Court exami…

The case concerned the termination of Vidya, a headmistress, after a disciplinary inquiry under the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. An Enquiry Committee of three members prepared a combined report, signed by all members, with one member dissenting, and the termination was u…

The husband, Hemant Kansal, had two wives: his first wife, who obtained an ex parte decree of dissolution, and his second wife, Karuna Kansal, the appellant. The first wife appealed the Family Court's refusal to condone the delay in filing an application under Order 9 Rule 13 CPC, seeking to set aside the ex parte decr…

The appellant, OMANAKUTTAN, was convicted for voluntarily causing grievous hurt by pouring acid on his neighbour, Sunil Kumar, in 1997, resulting in extensive burns and permanent disfigurement. The trial court sentenced him to one year imprisonment and a fine, a conviction affirmed by the High Court. On appeal, the Sup…

The appellant, a vendor, entered into an agreement to sell land to the respondent, the vendee, on 30‑12‑1985, with part payment of Rs.55,000 and the balance to be paid within three months, subject to the vendor measuring the land and delivering the original sale deed and land‑ceiling clearance documents. The vendee pai…

On 16 May 1980, Raj Keshwar Singh was murdered by a group of five accused who were armed and fled the scene. The prosecution relied on the testimony of PW11 (the brother of the deceased and informant), PW13 (a relative of the deceased) and PW5 (an eyewitness who identified four of the accused but omitted one name). The…

The appeal arose from a partition suit where the plaintiffs claimed a three‑quarter share in several properties, alleging that the properties were purchased by the deceased husband, Narayanasamy Mudaliar, in his wife’s name using money from the sale of ancestral lands, thus constituting benami transactions. The trial c…

Khetri Vikas Samiti, a society running Vinodini P.G. College, abolished the posts of lab assistant, sweeper, waterman and mechanic in 2003 due to heavy financial losses, paying the employees six months' salary and terminating them. The employees appealed to the Non‑Government Educational Tribunal under Section 19 of th…

Birla Corporation filed a criminal complaint alleging that respondents had stolen or misappropriated 54 confidential company documents and sought prosecution under IPC sections 379, 403, 411 read with 120B. The trial magistrate, relying on vague statements of the company representative and an employee, issued summons a…

Power Grid Corporation of India appealed against the Appellate Tribunal for Electricity’s order directing that the Foreign Exchange Rate Variation (FERV) be apportioned only to debt liability. The appellant argued that once FERV is added to capital cost it should be split between debt and equity in a 50:50 ratio, a pra…

The appellants, members of the Scheduled Caste serving as constables in the Uttar Pradesh Police, appeared for a limited departmental examination for promotion to Sub‑Inspector (Civil Police) governed by the Uttar Pradesh Sub‑Inspector and Inspector (Civil Police) Service Rules, 2008. The Rules require a minimum of 50 …

In 1966 a son filed a suit for partition of his parents' joint family property, which was decreed by compromise among the parents and three brothers. After the decree, in 2006 one of the brothers (Maya Prakash Jain) filed a suit claiming exclusive ownership of certain properties, asserting a later family settlement. Sr…

The accused husband and his sister were charged with murder and dowry death after the victim, Sharada, died from 98% burn injuries. The prosecution relied on two dying declarations in which the victim identified her husband and sister as the perpetrators. The trial court acquitted the accused, holding that the possibil…

The respondents-plaintiffs filed a suit for declaration of title and possession of several khasra lands, alleging that their fathers were lessees under a patta-lease. The appellants-defendants contended that the land had been auctioned in 1929 to their grandfather Gaya Din, who obtained a valid patta-lease (Ex.D‑20) an…

The case concerned the murder of Babusingh in September 1992, for which fifteen persons were tried. The trial court convicted seven, including Gajrajsingh, Bhagwansingh and Peer Singh, based on a "Dehati Nalishi" and statements of witnesses PW‑1 and PW‑5. On appeal, the Supreme Court examined whether the three appellan…

The appellant, Mudibasappa, issued a cheque for Rs.6,00,000 that was returned for insufficient funds, leading the complainant, Basalingappa, to file a complaint under Section 138 of the Negotiable Instruments Act. The trial court acquitted the accused, holding that the complainant failed to prove his financial capacity…

Rupali Devi left her matrimonial home after enduring cruelty by her husband and his relatives and sought refuge at her parental home. She filed a complaint under Section 498A of the Indian Penal Code alleging cruelty. The central issue was whether the courts at the location of the parental home have jurisdiction to ent…

The case concerned promotion of officers from Scale I to Junior Management Scale II in a Regional Rural Bank. The bank’s selection committee fixed a benchmark of at least 12 marks out of 20 in both the interview and performance‑appraisal reports, in addition to the statutory 40 % minimum in the written test. Senior off…

The Food Corporation of India (FCI) advertised for the post of Assistant Grade‑II (Hindi) requiring one year of translation experience. Respondent Rimjhim applied, was shortlisted and ranked sixth, but was not issued a final appointment letter. She filed a writ petition alleging that the FCI rejected her for not produc…

Smt. P. Leelavathi filed a partition suit claiming a one‑fourth share in the properties of her late father, alleging that the properties were purchased by her father but held in the names of her brothers, making them benami transactions. The trial court dismissed the suit, holding the properties were self‑acquired by t…

M/s D.J. Malpani, a manufacturer of chewing tobacco, collected a voluntary charitable donation called Dharmada from customers along with the sale price of its goods. The tax authorities treated the Dharmada amount as part of the transaction value and demanded excise duty, penalty and interest. The appellant argued that…

M/s JSW Steel Ltd. manufactured pig iron and HR coil sheets and, in its invoices, added a charitable donation called ‘Dharmada’ which was credited to charity. The Deputy Commissioner of Central Excise issued a show‑cause notice under Section 4 of the Central Excise Act, 1944, seeking penalty under Rule 25 of the Centra…

The case concerned a motor accident in which a bachelor died, and the dependents claimed compensation under Section 140 of the Motor Vehicles Act, 1988. The High Court had calculated the multiplier for loss of dependency based on the age of the deceased's parents, leading to a lower compensation amount. The insurer app…

The Supreme Court examined a dispute arising from an e‑public tender floated by Hindustan Petroleum Corporation Ltd. (HPCL) for call‑centre services. Caretel Infotech Ltd. (appellant) submitted its bid, declaring it was not black‑listed, and was awarded the contract. After the award, HPCL’s competitor (respondent No.3)…

The appellant, Anurag Soni, had a romantic relationship with the prosecutrix and promised to marry her, while already being engaged to another woman. He lured the prosecutrix to his residence, engaged in sexual intercourse after she initially resisted, and later reneged on the marriage promise, marrying the other woman…

The Supreme Court examined whether structural modifications to motor vehicles that alter dimensions or specifications beyond those originally specified by the manufacturer constitute a prohibited "alteration" under section 52 of the Motor Vehicles Act, 1988 as amended by Act 27 of 2000. Several writ petitions challenge…

The appellant, Hansraj, was the original bhumidhar of Plot No.677 in Village Bahria, Basti, and a co‑sharer with respondents who had acquired a half‑share by sale. Under the U.P. Consolidation of Holdings Act, 1953, the Assistant Consolidation Officer initially proposed chaks for all co‑sharers on the pitch road that r…

The Supreme Court allowed the appeal of Birla Institute of Technology against the State of Jharkhand on 7 January 2019, relying on the decision in Ahmedabad Pvt. Primary Teachers Association v. Administrative Officer. During the hearing it emerged that Parliament had subsequently amended the definition of “employee” un…

The appellant, Arun Kumar Manglik, claimed that his wife died due to medical negligence by Chirayu Health & Medicare Private Ltd. and its director after being admitted with dengue. The State Consumer Disputes Redressal Commission (SCDRC) found negligence and awarded Rs.6 lakh, but the National Consumer Disputes Redress…

The corporate insolvency resolution process (CIRP) was initiated against Rave Scans Pvt. Ltd. under Section 10 of the IBC, and the resolution applicant offered Rs. 54 crore against a liquidation value of Rs. 36 crore. The approved resolution plan gave the dissenting financial creditor, Hero Fincorp Ltd., only 32.34% of…

The petitioners, Union of India and others, challenged several High Court judgments that had allowed Gramin Dak Sevaks (GDS) who were later regularised as Group D or other regular postal employees to count their GDS service towards the ten‑year qualifying service required for pension under the Central Civil Services (P…

M/s. Mitra Guha Builders (India) Co. entered into a construction contract with ONGC that contained Clause 2 allowing the Superintending Engineer to levy liquidated damages for delay, with a finality clause, and Clause 25 mandating arbitration for disputes. The arbitrator allowed the contractor's claims but rejected ONG…

Three Bihar judicial officers were dismissed by a Full Court resolution that invoked clause (b) of the second proviso to Article 311(2) of the Constitution, dispensing with a departmental inquiry. The High Court had failed to record written reasons for dispensing with the inquiry, leading the Division Bench to set asid…

The Supreme Court examined a series of appeals concerning the conflict between the Architects Act, 1972 and the All India Council for Technical Education (AICTE) Act, 1987 over who has the final authority to approve and monitor architectural education institutions. The Court held that the 1972 Act, which specifically d…

The complainant's mother complained to the accused Ravinder about his nephew's misconduct, leading to a quarrel in which Ravinder, armed with a country‑made pistol, fired at her from close range, causing her death. The trial court convicted Ravinder under Section 302 IPC for murder, while the High Court reduced the con…

The case involved the murder of Bhimraya, alleged to have been committed by accused Mallikarjun, Ravi, Balappa and an absconding co‑accused. The prosecution relied on the testimony of the victim's mother (PW‑5) and his brother (PW‑7) as eye‑witnesses, medical evidence of the injuries, and the recovery of a dagger (MO‑1…

The case concerned recruitment of Agricultural Field Officers by the Institute of Banking Personnel Selection (IBPS) for Bank of India. The notification dated 17‑11‑2014 required a B.Sc. in Agro‑Forestry, but the two private respondents held B.Sc. in Forestry and were provisionally selected before their appointments we…

M/s Shahi and Associates entered into a construction contract with the Uttar Pradesh government and invoked arbitration in 1999. The arbitrator awarded Rs. 17,86,339 with interest at 18% per annum under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996. The District Judge and the Allahabad High Court reduc…

The petitioners, land owners whose lands were acquired in the 1980s, filed Special Leave Petitions in 2017 seeking enhanced compensation of Rs.65 per square yard, claiming parity with owners of a neighboring village where the Court had recently awarded that rate. The petitions challenged a 1996 High Court order that re…

Mahanagar Telephone Nigam Ltd. (MTNL) entered into a bond transaction with CANFINA, a wholly‑owned subsidiary of Canara Bank, which later transferred the bonds to its parent. MTNL cancelled the bonds alleging non‑payment of consideration and sought arbitration. The parties exchanged letters and a draft arbitration agre…

Raman Singh was appointed as an ad‑hoc English lecturer in 1993 to fill a temporary leave vacancy. When the regular lecturer died, the vacancy became substantive, and the school management sought to absorb Singh into the permanent post without the required approval of the District Inspector of Schools (DIOS). The DIOS …

The appellant, a Lance Dafadar in the Indian Army, was charged with misconduct for touching a colleague's spouse and was tried by a Summary Court Martial (SCM) in May 2008, resulting in dismissal. The Armed Forces Tribunal (AFT) upheld the conviction but reduced the punishment to discharge, deeming dismissal disproport…

Lal Bahadur Gautam, a lecturer in a private unaided college affiliated to Chaudhary Charan Singh University, was terminated on 24 April 2017 after the college had earlier issued a termination order on 4 June 2015 that was set aside by the Vice‑Chancellor for lacking prior approval under Section 35(2) of the Uttar Prade…

The Steel Authority of India Ltd (SAIL) cleared goods between January 2005 and July 2006 on a price fixed by a circular, later revised retrospectively by an escalation clause, leading SAIL to pay differential excise duty of Rs.142.78 crore. The Commissioner demanded interest under Section 11AB of the Central Excise Act…

The landlords sued the tenants for eviction under sections 16(1)(c), 16(1)(e) and 16(1)(n) of the Maharashtra Rent Control Act, alleging illegal sub‑letting, nuisance from a food‑stuff business and non‑use of the premises as a book‑shop for more than six months before the suit. The trial court dismissed the suit, but t…

The Modern Cooperative Group Housing Society had expelled 27 members and later admitted 15 new members, including the alleged contemnors, who were allotted flats. The Supreme Court later ordered the readmission of the expelled members and set aside the allotments to the new members, directing them to vacate. The new me…

The National Highways Authority of India (NHAI) awarded a construction contract to Ssangyong Engineering & Construction Co. Ltd., which included a price‑adjustment formula based on the Wholesale Price Index (WPI) old series. When the Ministry of Industrial Development stopped publishing the old series and introduced a …

The Supreme Court examined whether borrowers classified as wilful defaulters under RBI's 2015 Revised Circular could be represented by lawyers before the in‑house committees that determine such classification. The Court held that the First and Review Committees are administrative bodies, not tribunals vested with judic…

The Kerala State Coastal Zone Management Authority (KSCZMA) appealed against a Kerala High Court order that had allowed writ petitions challenging a show‑cause notice issued to builders who had constructed structures on the backwaters of Ernakulam. The builders had obtained permits from the local panchayat (later upgra…

The appellant, Bireendra Prasad Sah, received a bank memo on 4 December 2015 about two dishonoured cheques and issued a legal notice on 31 December 2015, within the 30‑day period prescribed by the Negotiable Instruments Act, 1881. After unsuccessful attempts to obtain proof of service from the postal department, he sen…

The appellant, a former Radio Mechanic of the Indian Army enrolled in 1971, was discharged in 1981 under Army Rule 13(3) due to a low medical category. He claimed a war injury pension, which the Armed Forces Tribunal rejected, holding that his disability was not attributable to participation in active operations. Subse…

The appellant, an agriculturist, applied for an electricity connection for his bore‑well in December 1996 and paid the requisite fees. He submitted the mandatory test report only in March 2005, after which the respondent raised a consumption bill but failed to provide the connection. The appellant filed a consumer comp…

The first respondent, a widow, filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking interim maintenance for herself and her minor child after being denied residence in the ancestral joint family house where she had lived with her husband. The trial court directed the app…

The Assessing Officer issued a notice under section 148 of the Income Tax Act for the assessment year 1999-2000, which the assessee (Nokia India) contested on the ground that it was based merely on a change of opinion. The ITAT upheld the assessee's objections, declaring the notice bad in law, and the Revenue appealed …

The appellant challenged the forfeiture of his family’s properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) on the ground that the underlying detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) wa…

The appellant, a trust managing a private school, terminated the services of Assistant Teacher Respondent No.1 after an inquiry found him guilty of sexual harassment of adolescent girl students, based on two FIRs, charge‑sheets and witness testimony. The Inquiry Committee, comprising a Convenor, a nominee of the appell…

The Electronic Corporation of India Ltd. issued a recruitment notification prescribing an upper age limit of 28 years, with relaxation up to 40 years for persons who had worked directly for the corporation as senior or junior artisans. The respondents, who were engaged through a manpower‑supplying (outsourcing) agency …

The appellant, a former BSNL employee, was granted provisional pension under Rule 69 of the Central Civil Services (Pension) Rules, 1972 because a vigilance case was pending at the time of his superannuation. He later applied for commutation of his pension on 1 November 2012, after retirement, under Rule 13(1) of the C…

Pursottam, a Sirdar, deposited twenty times the land revenue and applied for Bhumidhari rights for three plots, subsequently executing a sale deed. His applications for two plots were rejected and a revision petition was pending when the Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) Ordinance, 1977 (la…

Jai Balaji Industries Ltd. (appellant) challenged an order of the National Company Law Appellate Tribunal (NCLAT) that set aside the National Company Law Tribunal's (NCLT) rejection of a Section 7 application filed by State Bank of India (respondent). The appellant contended that it was never served notice of the appea…

The respondent, Vikram Das, was convicted under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for assaulting a SC/ST woman and was sentenced by the trial court to six months of rigorous imprisonment and a fine of Rs.500. The High Court, on the respondent's request, c…

The Municipal Corporation of Faridabad issued an office order in 1999 requiring private tubewell owners, including Modern School, to pay user charges for discharging waste water into municipal drains. The schools challenged the levy, arguing that under Sections 87 and 88 of the Haryana Municipal Corporation Act, 1994, …

The father of the respondent died while employed with State Bank of India and the respondent applied for compassionate appointment on 03‑03‑2005 under the then‑existing "Dying in Harness" scheme. Before the application could be considered, SBI introduced a new scheme on 04‑08‑2005 providing only ex‑gratia lump‑sum paym…

The Central Vigilance Commission (CVC) and the Government of India issued orders on 23 October 2018 divesting Director Alok Kumar Verma of the Central Bureau of Investigation (CBI) of his powers, functions and supervisory role. The Director challenged the legality of these orders, arguing that under Section 4B(2) of th…

The Supreme Court examined whether gypsum board should be taxed under Entry 56 of Schedule IV of the Rajasthan Value Added Tax Act, 2003, which after amendment read “gypsum in all its forms” (4% tax), or under the residuary Entry 1 of Schedule V (12.5% tax) for the years 2006‑07 and 2007‑08. The Additional Commissioner…

Monsanto Technology LLC sued Nuziveedu Seeds Ltd. for permanent and temporary injunctions alleging infringement of its patented cotton biotechnology (patent No. 214436) and misuse of its trademarks. The defendants filed a counter‑claim under Section 64 of the Patents Act seeking revocation of the patent on the ground t…

LAC Yogesh Pathania was tried by a District Court Martial (DCM) for insubordinate language, use of criminal force and conduct prejudicial to good order under the Air Force Act, 1950, and was sentenced to rigorous imprisonment and dismissal. The Armed Forces Tribunal (AFT) upheld the DCM's findings and dismissed his app…

The case concerned the murder of Dharam Chand, for which four persons were charged. Babu Lal and Devi Lal were convicted by the trial court and the High Court on the basis of three eyewitness testimonies and an extra‑judicial confession by Babu Lal, while the other two accused were acquitted. On appeal, the Supreme Cou…

Chander Bhan Singh filed a writ petition in 2002 alleging his son was killed by police and sought registration of a criminal case. The CBI investigated and filed a closure report, which the Chief Metropolitan Magistrate rejected, taking cognizance against 13 police officers. After a series of petitions, the High Court …

The Punjab State Electricity Board (PSEB) classified Sub Fire Officers in Group XII but paid them a lower scale than Head Clerks, Head Clerk‑cum‑Divisional Accountants and Internal Auditors, also in Group XII. The Sub Fire Officers claimed parity of pay on the ground of discrimination under Article 14 and sought the sa…

The Punjab State Electricity Board revised the pay scales of Head Clerks (Rs.2000‑3500) and Internal Auditors (Rs.1800‑3200) in 1990, disturbing a long‑standing parity that had existed for over two decades. Internal Auditors filed writ petitions claiming that the revision violated Articles 14 and 16 of the Constitution…

Group ‘D’ casual workers at a Regional Training Institute under the CAG sought regularisation after many years of service. The Central Administrative Tribunal ordered a seniority list and directed that regularisation be considered against existing or future vacancies, a direction affirmed by the Allahabad High Court. T…

The dealer, M/s R.M. Service Centre, held a retail licence for petrol, diesel, oil and grease. A joint inspection revealed a positive stock variation of High Speed Diesel beyond permissible limits and lack of reference density. Samples drawn were sent for testing; the first was dispatched five days after collection, ex…

The appellant, Vijay Trading and Transport Co., entered into a two‑year handling and transportation contract with Central Warehousing Corporation. The contract was terminated by the corporation for the appellant’s failure to deliver an export‑loaded container to the port at Navi Mumbai, leading to forfeiture of the sec…

Hardev Singh married Harpreet Kaur on 17 April 2010 without parental consent. The appellant was 17 years old at the time, while the wife was an adult. The Punjab & Haryana High Court initially granted police protection but later recalled its order and directed registration of an FIR under Section 9 of the Prohibition o…

The appellant, Kalu alias Laxminarayan, was convicted under Section 302 IPC for the death of his wife, who was found strangulated inside their home. The trial and High Courts held the death homicidal, though the High Court initially described it as hanging. The Supreme Court examined the forensic findings, the presence…

The State of Uttarakhand appealed the High Court's acquittal of five accused persons charged with murder and offences under sections 147, 148, 149 and 302 IPC. The prosecution alleged that the accused, armed with pistols and sharp‑edged weapons, ambushed the deceased while he was on a tractor, shot him and assaulted hi…

The case concerned V.R. Nanukuttan Nair, a former Navy sailor who was discharged after 10 years and 169 days of service, having been placed in a low medical category. He was granted a 50% disability pension but was denied the service element of that pension because he had not completed the 15 years of qualifying servic…

The petitioners were convicted for the abduction, rape, and murder of two children, based on a confessional statement, forensic evidence, and eyewitness testimony. They challenged the conviction and death sentence in a review petition, arguing that the confession was involuntary, the retraction should invalidate it, an…

The case concerned a road‑construction project where the appellant issued a Request for Proposal (RFP) and later a Letter of Award (LOA) was accepted by the respondent. The appellant subsequently withdrew the LOA due to lack of a required No‑Objection Certificate, and the respondent sought to invoke an arbitration clau…

The appellant Bhagwan was convicted for murdering his wife by setting her ablaze after pouring kerosene, while his two sons also suffered burns. The prosecution's case hinged on the victim's dying declaration, recorded by a Naib Tehsildar, and a medical officer's certificate that she was conscious throughout. The defen…

Mahesh Kumar was convicted under Section 304-B IPC for the death of his wife, Omwati, alleged to be a dowry death. The prosecution's case relied mainly on statements of the deceased's father and brother, and on several letters written by the deceased, asserting continuous harassment and dowry demands. The Supreme Court…

The complainant sought permission under Section 302 of the Code of Criminal Procedure, 1973 to conduct the prosecution for offences under Sections 498A, 406 and 34 of the Indian Penal Code. The magistrate declined the request without giving reasons, but the Bombay High Court granted the permission merely on the basis t…

The Supreme Court examined whether a plaintiff who has acquired title by adverse possession can file a suit under Article 65 of the Limitation Act, 1963 for a declaration of title and injunction, i.e., use adverse possession as a "sword" rather than merely a defence. The Court overruled its earlier decisions in Gurudwa…

Rafiq Qureshi was convicted under Section 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 for possession of 609.6 grams of heroin and was sentenced by the trial court to 18 years' rigorous imprisonment and a fine of Rs.2 lakh. The Calcutta High Court upheld the conviction but reduced the term t…

The appellants, brothers Hemareddi and his late sibling, sued the wife of Basavareddi for a declaration that the first defendant was not an adopted son and had no right to the joint family property. The trial court dismissed the suit, upholding the adoption, and the brothers appealed. During the pendency of the appeal …

The CBI filed an FIR under the Prevention of Corruption Act against an Income Tax Officer and submitted a charge‑sheet in 2005, but failed to file the authorisation order for investigation with the charge‑sheet. Applications under Section 242 CrPC (2008) and Section 173(2)(5)(a) CrPC (2013) to bring the authorisation o…

The appellant, Bhivchandra Shankar More, challenged an ex‑parte decree passed in a partition suit. After an application under Order IX Rule 13 CPC to set aside the decree was dismissed, the appellant filed an appeal under Section 96(2) CPC, withdrew it, and later filed a fresh appeal with a condonation of delay applica…

The appellant, Ashoksinh Jayendrasinh, was convicted under Sections 302 and 307 IPC read with Section 34, and Section 25(c) of the Arms Act for allegedly firing shots that killed Somiben and injured two others during a dispute over a road. The incident occurred at 9:00 PM in a dark agricultural field, and the prosecuti…

The appellants, including a former Rajya Sabha MP, filed anticipatory bail applications in a sexual harassment case and submitted a vakalatnama that purportedly bore their signatures dated 17 August 2016 in Madurai, although they were abroad at that time. The Madurai High Court held the vakalatnama to be forged, deemed…

The plaintiff filed a suit for eviction which was decreed by the District Munsif and affirmed by the first appellate court. The defendant appealed to the High Court under Section 100 CPC, which set aside the decree and dismissed the suit. The plaintiff challenged this on a special leave petition, arguing that the High …

The wife filed an application under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance for herself and her minor daughter. The trial court awarded Rs.2,000 per month for the daughter but rejected the wife's claim, holding she was not the legally married wife of the husband. The wife appealed to th…

The State of Tamil Nadu prosecuted two police officials under the Prevention of Corruption Act, 1988 for offences under Section 7 read with Section 13(1)(d). After the charge‑sheet was filed, the accused filed applications under Section 227 of the Criminal Procedure Code seeking discharge, claiming that no prima facie …

Two brothers inherited agricultural land in Himachal Pradesh; one brother sold his share to Babu Ram, prompting the other brother to seek a prohibitory injunction claiming a preferential right under Section 22 of the Hindu Succession Act, 1956. The trial court dismissed the suit, but the appellate court held that Secti…

Shoda Devi, a 45‑year‑old woman from a poor rural background, was admitted to DDU Hospital for a minor gynecological procedure. A paramedic administered an intravenous injection of Phenergan directly into her right arm, causing excruciating pain that was ignored by the staff. The resulting acute arterial occlusion led …

The plaintiff, Isha Distribution House Pvt. Ltd., filed a civil suit in the Calcutta High Court seeking declaration, damages and injunction, and applied for leave to sue under Clause 12 of the Letters Patent Act, 1865. The defendants contested the suit's territorial jurisdiction, filing an application to revoke the lea…

The Birla Institute of Technology (BIT) appealed against the State of Jharkhand and other respondents after a teacher who retired in 2001 claimed gratuity under the Payment of Gratuity Act, 1972. The High Court had upheld the gratuity award, and BIT challenged the applicability of the Act to teachers, arguing that the …

The appellant, M/s Anjaneeya Jewellery, filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) against New India Assurance Co. Ltd. and others. The Presiding Member dismissed the complaint in limine under Section 13 of the Consumer Protection Act, 1986, without giving notice to th…

The appellant, Sukumar, a Forest Range Officer, chased a lorry he suspected of sandalwood smuggling. The lorry occupants attacked his jeep with stones and shouted “fire them”. Sukumar fired his DBL‑gun, killing the driver. He later loaded sandalwood and a gun from the lorry and claimed he acted in private defence. He w…

The appellant purchased a 25‑year endowment life insurance policy in 1993, paid premiums for 31 quarters, and in 2001 took a loan of Rs 15,000 against the policy before stopping premium payments. He sought the surrender value, and LIC offered Rs 2,268 after deducting the loan and interest, which the District Consumer F…

After the bifurcation of Andhra Pradesh, the State Government issued a series of orders raising the superannuation age for its employees from 58 to 60 years. The Supreme Court, in an order dated 9 August 2017, held that employees who retired on attaining 58 years on or after 2 June 2014 were entitled to service up to 6…

Jai Prakash Associates Ltd. (JAL) entered into a contract with Tehri Hydro Development Corporation Ltd. (THDC) that contained General Conditions of Contract (GCC) clauses 50 and 51 expressly prohibiting any interest on monies due. An arbitral tribunal under the Arbitration and Conciliation Act, 1996 awarded the appella…

The Punjab Wakf Board (PWB) claimed ownership of two parcels of land and filed suits for permanent injunction and possession against lessees Sham Singh Harike and Teja Singh. Both suits were transferred to the Wakf Tribunal, where the respondents argued that the Tribunal lacked jurisdiction and that the civil courts sh…