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328 judgments · newest first · showing 1–200
Premier Fabricators entered into a contract with Heavy Engineering Corp. that contained an arbitration clause. Disputes over items 2‑5 of the claim were referred to two arbitrators, who agreed the items were arbitrable but could not agree on the merits, so they appointed an umpire. The umpire issued …
The appellants, Gujarat cement manufacturers, challenged three Rajasthan notifications that reduced the Central Sales Tax on inter‑state cement sales to 7% and later 4% and dispensed with the mandatory Form C declaration. They argued that the notifications were not issued in public interest, …
The appellant National Insurance Co. Ltd. issued two fire policies with a Riot and Strike endorsement to the respondent Sujir Ganesh Nayak & Co. When a strike halted production and caused damage, the insurer denied liability, invoking Special Condition 5(i)(b) which excludes loss from cessation of …
The appellants, processors of cashew nuts in Kerala and Karnataka, purchased raw cashew nuts imported by the Cashew Corporation of India (CCI), a canalising agency, and argued that these purchases were "in the course of import" and thus exempt from state sales tax under Section 5(2) of the Central …
The respondent, a manufacturer of trailers and steel furniture, sought a refund of excise duty on the ground that the aggregate value of clearances of both items in the preceding financial year was below Rs 20 lakhs, invoking paragraph 2(ii) of Notification No. 80/80. The Assistant Collector …
A writ petition filed by MP Dinesh Trivedi and NGOs under Article 32 sought full disclosure of the Vohra Committee Report, its supporting annexures, and the names of officials implicated, and challenged the constitutionality of Section 5 of the Official Secrets Act, 1923. The Court held that the …
The petitioners filed writ petitions seeking a Supreme Court direction that all States appoint sufficient Special Judicial Magistrates (SJM) and Special Metropolitan Magistrates (SMM) under Sections 13(1) and 18(1) of the Criminal Procedure Code, 1973, to clear the massive backlog of petty criminal …
The appellant banks entered into ready‑forward (buy‑back) contracts with brokers before June 1992, consisting of a completed ready leg (purchase of securities) and a future forward leg. The Custodian, under the Special Court Act, claimed the contracts were void for violating RBI circulars issued …
The appellants, Jai Parkash and others, challenged the compensation awarded for land acquired by the Union of India in village Keshopur under the Land Acquisition Act, 1894. The Land Acquisition Collector had divided the land into blocks with varying rates, which were later raised by the Additional …
The seven‑Judge Constitution Bench examined the constitutional validity of sub‑clause (d) of Article 323A and Article 323B, which sought to exclude the jurisdiction of all courts except the Supreme Court under Article 136, and Section 28 of the Administrative Tribunals Act, 1985, which attempted a …
Allied Motors (P) Ltd. claimed a deduction for sales‑tax collected in the last quarter of its accounting year 1983‑84, which was paid to the treasury in the next year but before the filing deadline. The Income‑Tax Officer disallowed the deduction under Section 43B of the Income Tax Act, 1961. The …
The assessee firm, whose partners were Karta of their respective Hindu Undivided Families, advanced personal funds to the firm and received interest on those deposits. The firm claimed a deduction for this interest under Explanation 2 to Section 40(b) of the Income Tax Act, 1961, but the Income Tax …
The Supreme Court examined the constitutional validity of the Bharat Petroleum Corporation Ltd. (Determination of Conditions of Service of Employees) Act, 1988 and the schemes framed under it in 1989 and 1996. The appellant union argued that Section 3 of the Act gave the Central Government unguided …
The Collector of Central Excise appealed against the classification of three types of laminated sheets—decorative, industrial (paper‑based), and glass‑epoxy—manufactured by Bakelite Hylam Ltd. The issues concerned whether the sheets fell under Entry 15A(2) of the 1944 Excise Act, the residuary Entry …
M/s Indian Petrochemicals Corporation Ltd. obtained raw naphtha at a concessional rate under Notification No. 27/89‑CE for manufacturing chemicals listed in the schedule. The raw naphtha was thermally cracked, producing olefinic rich gas, pyrolysis fuel oil and pyrolysis gasoline; the latter was …
The Animal and Environment Legal Defence Fund challenged the Madhya Pradesh government's order granting 305 fishing permits to tribals residing in the Pench National Park area, arguing that such permits would damage the park's biodiversity and contravene the Wild Life (Protection) Act, 1972 and the …
Ms. Kamini Jaiswal filed a public interest writ petition under Article 32 of the Constitution seeking the closure of high‑pressure gas pipelines operated by GAIL and ONGC until an independent expert inquiry certified their safety. The petitioner alleged that the pipelines, particularly the …
The State of Tamil Nadu challenged the inclusion of bottle deposit amounts collected by Mc. Dowell & Co. Ltd., a liquor distributor, in its sales turnover for sales tax purposes. The distributor paid a deposit to its principal, United Breweries Ltd., for each bottle supplied and collected an equal …
United Breweries Ltd. (the appellant) challenged the assessment of sales tax on the value of bottles and crates supplied with its beer, arguing that these were not sold but were returned against a refundable deposit. The Commercial Tax Officer, the Tribunal and the Andhra Pradesh High Court held …
The appellant contracted to transport waste and finished products for the respondent. A dispute arose and the appellant invoked Section 20 of the Arbitration Act, 1940, leading to a sole arbitrator’s award of Rs 5,29,864.55 with 18% interest from 1 April 1983. The City Civil Court confirmed the …
The Supreme Court dismissed three public‑interest writ petitions that sought to declare various provisions of Muslim, Hindu and Christian personal laws unconstitutional. The petitioners argued that polygamy, unilateral talaq, and discriminatory inheritance rules violated Articles 13, 14 and 15 of …
The Allahabad High Court, through its Registrar, challenged a Division Bench judgment that declared Rule 4(a) of the Allahabad High Court Rules, 1951 ultra vires Article 215 of the Constitution because it required civil contempt matters to be heard by a single judge. The Supreme Court examined …
Goodyear India Ltd manufactured tyres of size 1800 mm and above for heavy moving vehicles such as dumpers and earth‑movers. Excise duty was levied on these tyres as "tyres for motor vehicles" at 60% ad valorem. The company claimed a refund, arguing that such tyres should be classified under the …
Dr. Girish Bihari, an IPS officer, was due to retire on 31 March 1996. The Governor of Uttar Pradesh ordered, on 20 March 1996, an extension of his service for six months under Rule 16 of the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. On 23 March 1996, the Governor cancelled …
The President of India referred a matter under Article 317(1) of the Constitution to the Supreme Court, seeking an enquiry into whether Shri Sher Singh, a member of the Haryana Public Service Commission, should be removed for misbehaviour. The allegation was that Sher Singh repeatedly attempted to …
Bharat Ram Meena, a Munsiff/Judicial Magistrate, challenged adverse remarks recorded in his 1990 Annual Confidential Report (ACR) that questioned his integrity, impartiality, and conduct. The remarks were based on allegations of unauthorized absences during election duties and alleged manipulation …
The Supreme Court examined whether an arbitrator under the Arbitration Act, 1940 could award interest for three distinct periods – pre‑reference, pendente lite, and post‑award – in light of the Interest Act, 1978 and contractual terms. It held that an arbitrator may award pre‑reference interest only …
The Food Corporation of India (FCI) purchased food grains from the State of Uttar Pradesh under levy orders issued pursuant to Section 3 of the Essential Commodities Act, 1955, and also distributed fertilizers under the Fertilizer (Control) Order, 1957. The State sought to levy purchase tax and a 5% …
J.K. Synthtics Ltd., a manufacturer of tyre‑cord fabric, claimed exemption from sales tax under a 1957 notification issued under Section 8(5) of the Central Sales Tax Act, 1956. The State of Rajasthan later issued notifications in 1980 and 1981, the latter stating that "all the notifications" issued …
M/s. Goodyear India Ltd. imported nylon woven dipped diffusion resistance fabric and paid the additional duty levied under the Customs Tariff Act, 1975. The importer claimed a refund, contending that the goods fell under the exemption Notification No. 55/78 as "textured yarn produced out of base …
Vam Organic Chemicals Ltd. and two other firms, licensed to produce industrial alcohol (rectified spirit) for chemical manufacturing, challenged Uttar Pradesh's Notification No. 25/Licence/Part‑3 dated 18‑May‑1990 which imposed a denaturation fee of 7 paise per litre under Section 41 of the U.P. …
M/s. Phool Chand Gupta, a dealer in oilseeds, claimed exemption under Section 6(2) of the Central Sales Tax Act for the sale of Mohwa seeds purchased in transit and sold to dealers outside Andhra Pradesh. The Deputy Commissioner withdrew the exemption because the dealer had not furnished Form C, a …
The State of Orissa appealed against the High Court's order quashing the Commissioner of Sales Tax's revision of assessment orders for the assessment years 1969-70 and 1970-71 against Mis. Krishna Stores. The assessments had been reassessed under Sections 12(4) and 12(8) of the Orissa Sales Tax Act, …
The petitioner, a practising advocate belonging to a Scheduled Caste, applied for an Additional District & Sessions Judge vacancy in 1985, which was reserved for a Scheduled Tribe (ST) candidate. No suitable ST candidate was available, and the vacancy remained unfilled while three Scheduled Caste …
The appellant, Chemical and Fibres of India Ltd., manufactured nylon yarn and, in the process, produced polymer chips (Nylon 6 chips) from caprolactam monomer. The issue was whether these polymer chips fell within Item 15A of Schedule I to the Central Excise and Salt Act, 1944, as it stood between …
The Supreme Court examined a massive promotion anomaly in the Uttar Pradesh Food and Civil Supplies Department where numerous junior clerks were promoted to Supply Inspector posts in violation of seniority rules, depriving senior employees of their rightful promotions. The petitioners argued that …
The appellants, Shri Jee Sales Corporation and another, imported PVC resin relying on Notification No. 66 dated 15 March 1979 which exempted customs duty on such imports up to 31 March 1981. After they had opened letters of credit and the goods arrived, the Government issued Notification No. 205 on …
Lohara Steel Industries Ltd., a dealer in iron and steel, bought scrap and ingots in Andhra Pradesh, sent them to its re‑rolling mill in Karnataka, and sold the re‑rolled products back in Andhra Pradesh. Under the Andhra Pradesh General Sales Tax Act, 1957, an exemption notification (G.O. Ms No 88, …
Lily Kurian, the founding principal of St. Joseph's Training College for Women, was dismissed after an ex‑parte disciplinary enquiry and later reinstated by the Vice‑Chancellor, but the reinstatement was set aside by the Kerala High Court. The Kerala University Act, 1974 introduced Sections 60(7) …
The New Delhi Municipal Council (NDMC) and the Delhi Municipal Corporation (MCD) levied property tax on immovable properties owned by several State governments within the Union Territory of Delhi. The States challenged the levy, arguing that Article 289(1) of the Constitution exempts State property …
The case concerns refunds of excise and customs duties collected contrary to law. The Supreme Court examined the validity of Section 11-B of the Central Excises and Salt Act, 1944, as amended in 1991, which restricts refunds to claimants who have not passed on the burden of duty to others. The Court …
The Bihar government’s Tuberculosis Eradication Scheme, part of the 20‑Point Programme, required recruitment for 2,250 Class III and IV posts. Deputy Director Dr. A.A. Mallick, as Chairman of the Selection Committee, appointed about 6,000 persons without written orders, exceeding the sanctioned …
The petitioner, great‑grandson of Mahatma Gandhi, learned that an urn allegedly containing Gandhi's ashes was kept in a safe‑deposit locker of the State Bank of India, Cuttack, deposited in 1950 by the then Secretary to the Chief Minister of Orissa. After repeated requests to the Orissa government …
The Sikkim State Civil Service Rules, 1977 required recruitment either by competitive examination or selection of existing gazetted officers, with the Public Service Commission (PSC) as the appointing authority. Because the PSC was not constituted until 1982, the State Government, invoking Rule …
The Collector of Central Excise issued a demand that Banswara Syntex Ltd. pay excise duty on single‑ply yarn used for doubling or multifolding, alleging short payment. The company argued that duty should be payable only after the yarn was doubled, contending that the process did not create a new …
The owners of the vessel M.T. Larnaca entered Cochin Port and damaged an RCC platform, leading the Port Trust to assess damages of Rs. 33.82 lakh and demand an unconditional cash deposit before allowing the ship to depart. The owners challenged the demand, arguing that clause 6 of the 1980 …
Madan Lal Agrawal sued Bharat Coking Coal Ltd. for eviction of land and buildings he claimed to own adjacent to Victory Colliery. The properties were used as offices and staff quarters for the mine, which had been taken over by the Central Government under the Coal Mines (Nationalisation) Act, 1973. …
The appellants sought redetermination of compensation for land acquired under the Land Acquisition Act, 1894, filing applications under Section 28‑A after the High Court had altered the reference court's award. The Deputy Collector rejected the applications as time‑barred, contending that the …
The State of Uttar Pradesh challenged the High Court's declaration that Section 37-A of the U.P. Excise Act, 1910 was void for violating Article 14 because it allowed an exemption for foreign liquor under Section 20(2). While the appeal was pending, the legislature omitted Section 20(2) and …
The petitioners, Chandraswami and another, were accused of cheating under Sections 120B and 420 of the IPC for allegedly obtaining US$1 lakh from a complainant in 1983. They were arrested in 1988, released on bail with conditions, and later permitted to travel abroad. After a Supreme Court‑ordered …
The State of Haryana appealed a High Court order that had granted daily‑wage mail‑cum‑chowkidars and pump operators the same salary as regular employees of the same posts. The Supreme Court held that the principle of "equal pay for equal work" cannot be mechanically applied to daily‑rated workers …
The State of Haryana appealed against orders of the Punjab and Haryana High Court that had granted regularisation and equal‑pay relief to a group of casual water‑pump operators led by Dharampal. The workers claimed that, on the principle of equal pay for equal work, they were entitled to be …
The petitioner, S.P. Anand, filed a public‑interest litigation under Article 32 challenging the appointment of H.D. Deve Gowda as Prime Minister on the ground that he was not a member of either House of Parliament, alleging violations of Articles 14, 21 and 75 of the Constitution. The Court examined …
The appellant, a lady doctor, rented the ground floor of a house in 1963 for residential-cum-clinic purposes. She later built her own house and shifted her residence, but continued using the rented premises solely as a clinic. The respondent landlady filed for eviction under Section 14(1)(k) of the …
Syed Abu Thakir was injured while alighting from a bus owned by the appellant and died en route to the hospital. His family claimed Rs 92,000 compensation from the bus owner, the insurer, and the driver. The Motor Vehicles Tribunal awarded the full amount but limited the insurer's liability to Rs …
The main partnership, Mis. Nizamabad Group Sendhi Contractors, was a licensed lessee under the Abkari Act and was registered under the Income Tax Act. One of its partners, B. Posetty, could not meet his capital contribution, so he and nine others formed a sub‑partnership, "B. Posetty and Co.," to …
The petitioners, a retired employee of Indian Oxygen Ltd. and a pensioners’ society, challenged the scheme of the company’s non‑contributory approved superannuation fund. They argued that improvements made to the fund in 1985 should have been extended to existing pensioners and that the denial of …
The Supreme Court revisited the implementation of its earlier Mandal judgment, which required the exclusion of socially advanced persons (the "creamy layer") from reservations for Other Backward Classes (OBCs). The State of Kerala had repeatedly failed to comply with the Court's directions despite …
The appellant and several respondents were partners in an unregistered partnership firm and a suit for dissolution and accounts was filed by one partner. The partnership deed contained an arbitration clause, leading the appellant to obtain a stay of the suit under Section 34 of the Arbitration Act …
C.T. Ltd. and another, engaged in the tea trade, entered into a contract with the State Trading Corporation (STC) to supply unblended Assam tea to an Iranian buyer. To fulfil this contract they purchased tea from auction brokers. The sales tax authorities demanded payment of sales tax on these …
The petitioners filed a writ in the Allahabad High Court which was initially listed before Justice A.P. Singh. On 22 December 1995 the Chief Justice reconstituted a Division Bench comprising Justice V.N. Khare and Justice A.P. Singh, but Justice Singh refused to sit on the bench and instead heard …
The National Commission for Scheduled Castes and Scheduled Tribes issued an interim order directing Indian Overseas Bank to halt its promotion process pending investigation of complaints relating to reservation. The bank and the candidates filed a writ petition, and the Delhi High Court set aside …
Respondent No.1, an IAS officer from Nagaland, was allocated to the Haryana cadre under the 30‑point roster that earmarked the two available Nagaland vacancies for outsiders. He challenged the allocation before the Central Administrative Tribunal, which ordered his transfer to the Nagaland cadre. …
The Supreme Court examined the criminal proceedings arising from the 1984 Bhopal gas tragedy, where a leak of methyl isocyanate (MIC) from a Union Carbide India Ltd plant caused thousands of deaths and injuries. Twelve individuals, including Keshub Mahindra and other senior officials, were charged …
K.C.P. Ltd. dismissed 29 workmen after disciplinary action during a strike. The recognised trade union (respondent No.2) raised an industrial dispute under Section 2(k) of the Industrial Disputes Act on behalf of all 29 workmen and later entered into a settlement under Section 18(1) offering either …
M/s T.V. Sundaram Iyengar & Sons Ltd. received deposits from customers in the ordinary course of its trade. The deposits were initially recorded as capital receipts (security deposits). When a portion of these deposits remained unclaimed for a long period, the company wrote them off to its profit …
The employee, Francis De Costa, was injured in a road accident while riding his own bicycle to work, about one kilometre from his factory and fifteen minutes before his shift began. He claimed disablement benefit under the Employees' State Insurance Act, 1948, and the ESIC Court allowed the claim, …
The Shri Chander Chinar Bada Akhara Udasin Society established a private medical college but the Jammu & Kashmir Government failed to frame admission guidelines. Students filed a writ petition; the High Court single judge formed a committee that selected candidates via oral interviews and a short …
The Ahmedabad Municipal Corporation submitted a revised development plan under the Bombay Town Planning Act in January 1976. The Gujarat Town Planning and Urban Development Act, 1976 came into force on 30 January 1978, repealing the Bombay Act and establishing the Ahmedabad Urban Development …
The State of Bihar issued a resolution (No.20) that candidates from reserved categories who qualified on merit would not be adjusted against the reserved quota, leading to grievances that such candidates were denied their preferred courses. The Patna High Court devised a seat‑allocation scheme …
The appellant, an advocate, was suspended for two years by the Bar Council of India on a complaint that she colluded with the opposing party and other lawyers to set aside an ex‑parte decree, allegedly acting as a mediator and misappropriating Rs. 3,500. The disciplinary committee relied on the …
The Food Corporation of India (FCI) had a stock of sub‑standard rice and issued a tender inviting licensed dealers to purchase it on the condition that they would upgrade the rice before it entered the market for human consumption. Two licensed dealers challenged the tender, alleging it violated the …
The appellants Bijaya Kumar Agarwala and Jagdish Prasad were stopped while transporting paddy in trucks that exceeded the quantity permitted for storage under the Orissa Rice and Paddy Control Order, 1965, and were convicted under Section 7 of the Essential Commodities Act, 1955 for allegedly …
In the Channagiri Legislative Assembly election, Subhan Khan's nomination was rejected because he had not taken the oath required under Article 173 of the Constitution on the day of scrutiny. He argued that an oath taken earlier on 27 October 1994 in another constituency (Davanagere) should suffice, …
Tata Iron and Steel Co. Ltd. (TISCO) sought a second renewal of its chromite mining lease under Section 8(3) of the Mines and Minerals (Regulation & Development) Act, 1957. The Central Government reduced the lease area and later further reduced it, prompting TISCO to challenge the orders, arguing …
The appellants were convicted under IPC sections 366 and 368 and sentenced to three years' rigorous imprisonment with a fine. They appealed to the Allahabad High Court, which admitted the appeal, stayed the sentence, and granted bail, but later dismissed the appeal for non‑prosecution because the …
The Bihar State Electricity Board, facing losses from electricity theft and defective meters, issued a notification under Sections 46 and 49 of the Electricity (Supply) Act, 1948 to bill industrial consumers at prescribed load factors. Consumers challenged the notification, arguing it conflicted …
Pradeep Krishen, an environmentalist, filed a writ petition under Article 32 challenging a Madhya Pradesh Forest Department order that allowed villagers around sanctuaries and national parks to collect tendu leaves. He argued that the order was ultra‑violet to the Wild Life (Protection) Act, 1972 …
The appellant purchased a joint‑family property from the father of the respondents when the latter were minors, for Rs 9,000. After the father's death, the respondents filed a partition suit alleging that the sale was for inadequate consideration, that there was no legal necessity, and that most of …
The appellant, a butcher, challenged the 1991 amendment to the Madhya Pradesh Agricultural Cattle Preservation Act that imposed an absolute ban on slaughter of bulls and bullocks, alleging it violated his fundamental right to trade under Article 19(1)(g) and was not a reasonable restriction in the …
The Hailakandi Bar Association filed a writ petition under Article 32 alleging that Superintendent of Police A.K. Sinha Cashyap submitted a false report and affidavit to the Supreme Court to conceal police brutality that led to the death of under‑trial prisoner Nurul Haque. The Court examined the …
The case concerned the method of preparing an All‑India seniority list for officers of the Customs Appraisers Service, Class II. The Government had issued a circular in 1986 that placed promotee appraisers together based on continuous service and direct recruits based on UPSC ranking, then merged …
The Bombay Port Trust fixed reservation percentages for promotional posts at 15% for Scheduled Castes (SC) and 7.5% for Scheduled Tribes (ST), matching the All‑India policy, whereas the State of Maharashtra prescribed 7% for SC and 9% for ST at the time of initial recruitment. The Bombay High Court …
The Assistant Collector of Central Excise appealed against Bata India Ltd. alleging that the manufacturer could not claim exemption under a notification that exempted footwear valued up to Rs.60 per pair when its wholesale price exceeded that limit. Bata argued that by deducting the 10% excise duty …
The appellant, U.P. State Road Transport Corporation, was sued for compensation after its omnibus caused the death of Prem Chandra, aged 26. The claimants calculated loss of dependency based on a monthly surplus of Rs.200 and applied a multiplier of 24 years, which the Tribunal used; the High Court …
The film "Bandit Queen", based on the life of Phoolan Devi, was certified 'A' by the Appellate Tribunal under the Cinematograph Act after it was found to depict the consequences of social evils such as rape and oppression. The petitioner, Bobby Art International, challenged the High Court's order …
In the 1993 Nagaland Legislative Assembly election for Dimapur Constituency No.1, Vikheshe Sema was declared winner by a margin of 137 votes over Hokishe Sema. The respondent filed an election petition alleging that duplicate entries in the electoral roll had allowed some voters to cast more than …
Gujarat University prescribed a rule for admission to its limited super‑speciality (M.Ch./D.M.) courses giving first preference to its own graduates, second preference to other Gujarat‑state university graduates, and leaving any remaining vacancies unfilled. Rajiv G. Bhatt, not a Gujarat University …
The Supreme Court examined whether the freely transferable "replenishment licences" (R.E.P. licences) and later "Exim Scrips" issued under the Imports and Exports (Control) Act, 1947 constitute "goods" for the purpose of state sales‑tax statutes. The Court held that these licences have an …
The State Bank of India (SBI) had issued two circulars, one in 1978 and another in 1983, prescribing reservations of 15% for Scheduled Castes and 7.5% for Scheduled Tribes in promotions and allowing a carry‑forward of unfilled reserved vacancies for up to three years, after which they would lapse. …
The Election Commission of India appealed against a Madras High Court decision that had prohibited Chief Election Commissioner T.N. Seshan from expressing the Commission’s opinion on a disqualification petition against Chief Minister J. Jayalalitha, on grounds of alleged bias. The Supreme Court …
The Supreme Court examined the 1993 Bombay bomb blasts case, where 145 persons were charged under the IPC and the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). The Court clarified the law on criminal conspiracy, holding that knowledge of an illegal use can be inferred when the …
Dr. Haniraj L. Chulani, a practising surgeon, applied for enrollment as an advocate but was rejected by the Maharashtra and Goa State Bar Council under Rule 1, which bars persons engaged in any other profession from being enrolled. He challenged the rule on grounds of excessive delegation of …
The respondent was appointed as an ad‑hoc lecturer in 1985 at a college affiliated to Purvanchal University (formerly Gorakhpur University) after selection by a committee and approval by the Vice‑Chancellor. The 1991 Uttar Pradesh Higher Education Services Commission (Amendment) Ordinance introduced …
The appellants, dealers in petrol and diesel in Mahe, challenged the levy of a municipal tax on fuel and the subsequent Pondicherry Municipal Decree (Levy and Validation of Taxes, Duties, Cesses and Fees) Act, 1973. The High Court had struck down the original levy and later upheld the Validation Act …
The case concerned ex‑servicemen re‑employed by the Life Insurance Corporation (LIC) of India who were appointed after 1 January 1988. LIC had issued instructions on 2 June 1989 prescribing how their salaries should be fixed, including a notional fitment provision in paragraph 3.8 that was intended …
A Selection Committee was constituted to select officers of the Bihar Administrative Service for promotion to the Indian Administrative Service. The Committee considered 264 officers, including those above the age of 54 under the provisos of Regulation 5(3), and prepared a list of 51 suitable …
The State of Andhra Pradesh enacted the Prohibition Act, 1995 and later amended it to prohibit the manufacture of intoxicating liquor. Several liquor manufacturers challenged the amendment, arguing that the State lacked competence under Entry 8 of List II because the Industries (Development and …
The Supreme Court examined the validity of the Gujarat High Court Full Bench's guidelines in Kamlaben v. Oriental Insurance, which required a ten‑year waiting period and periodic payments by the insurer for motor accident compensation. The Court held that these guidelines conflicted with the Supreme …
The petitioners, former employees of the Oriental Government Security Life Assurance Company, sought a revision of their pension and dearness allowance under the Oriental Pension Fund now managed by LIC, arguing that the existing minimum pension of Rs.375 was inadequate. LIC contended that the …
The Reserve Bank of India (RBI) provided canteen facilities for its Class III and IV employees through three arrangements – an Implementation Committee, co‑operative societies and contractors – but had no statutory duty to run these canteens. The Central Government Industrial Tribunal held that 166 …
The respondent, K.V. Vijeesh, was placed at rank 172 in the select list for Diesel Assistant vacancies of the Southern Railways but was not appointed while lower‑ranked candidates were. He approached the Central Administrative Tribunal, which directed the Railways to consider him for any existing or …
The petitioners, children of deceased employees, were initially appointed on compassionate grounds and later regularized, after which they were promoted to Junior Assistant. A show‑cause notice was issued ordering their reversion because they had only about three years of service in the last grade, …
The Supreme Court entertained a public‑interest writ under Article 32 filed by Shaheen Welfare Association seeking the release of under‑trial detainees under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) where evidence was lacking or procedural safeguards were not observed. …
An accident on 27 May 1988 gave rise to a compensation claim under the Motor Vehicles Act, 1939, which was filed on 23 December 1988. The Motor Vehicles Act, 1988 came into force on 1 July 1989, repealing the 1939 Act, but the claim was finally decided on 29 June 1992, creating a right to appeal …
The Joshi Ambashankar Family Trust, a charitable trust, sought High Court permission to sell a property after obtaining a modification order allowing sale with court approval and 3/4 trustee concurrence. While the trustees received an offer of Rs.9 lakh from a group of purchasers, the appellants …
The Industrial Credit and Investment Corporation of India Ltd. (the petitioner) challenged the actions of secured creditors who had approached civil courts to realise their debts against a company undergoing winding‑up. The Supreme Court examined the extent of a secured creditor's right to enforce …
Mohammad Aslam Khan was convicted under Section 22 read with Section 8(c) of the NDPS Act for possession of 50,000 Mandrex tablets seized from flat No.102 in Andheri. The prosecution relied on an agreement allegedly signed by the appellant, seized from the premises, and on statements made by the …
The petitioners challenged the Central Government’s exercise of power under Section 4(1) of the Indian Telegraph Act, 1885 to grant licences to private companies for establishing and operating telecommunication services, arguing that the privilege was exclusive to the Government and that the …
The Supreme Court examined the validity of Sections 44AC and 206C of the Income‑Tax Act, 1961, which allow tax to be levied on a presumptive basis on traders of specified goods. Petitioners argued that the provisions were ultra‑violes, beyond Parliament’s competence under Schedule VII, Entry 82, …
The appellants challenged the constitutional validity of the Rajasthan Urban Lands Tax Act, 1964 as amended in 1973 to levy tax on both lands and buildings, arguing that the amendment exceeded the State's legislative competence and rendered the entire legislation "still‑born." The High Court …
Two members of the Tamil Nadu Legislative Assembly, elected in 1991 as AIADMK candidates, were expelled from the party and labelled ‘unattached’ by the Speaker. They later joined the Marumalarchi Dravida Munnetra Kazhagam (MDMK). The Speaker, invoking the Tamil Nadu Assembly (Disqualification on …
Nitasha Paul, a second‑year B.D.S. student from Karnataka, applied to migrate to the Government Dental College, Rohtak for the 1993‑94 academic year. A sub‑committee recommended her for one of the eight vacant seats based on merit and her domicile certificate, but the Vice‑Chancellor ignored the …
The Madhya Pradesh Co-operative Bank Ltd., an apex co-operative bank, claimed that all its income, including interest earned on government securities placed with the State Bank of India/Reserve Bank of India and interest on Provident Fund deposits, arose from its banking business and was therefore …
Cholamandalam Investments & Finance Co. Pvt. Ltd. filed a suit in the Madras High Court for recovery of money under a hire‑purchase agreement that contained a clause granting exclusive jurisdiction to Madras courts. Radhika Synthetics Ltd. later instituted a suit in the Bombay High Court claiming …
The case concerned the seniority of Assistant Executive Engineers (formerly Junior Engineers) in Andhra Pradesh's Public Health & Municipal Engineering Department. After the 1970 ban on direct recruitment, temporary and ad‑hoc appointments were made, followed by a Special Qualification Test (SQT) in …
The State of Bihar prepared a panel of 273 candidates for Assistant Teacher posts under the 1975 Bihar Government Assistant Teachers Service Encadrement Appointment and Transfer Rules. While 98 candidates were appointed (91 joined), the remaining candidates were placed on a waiting list. The High …
S.S. Uppal, a State civil servant, was selected for absorption into the Indian Administrative Service (IAS) against a non‑state quota. Although his name appeared in a panel for a vacancy that arose on 1‑Feb‑1989, he was actually appointed on 15‑Feb‑1989, after the seniority rules were amended on …
The dispute concerned ownership of certain properties and was referred to arbitration, resulting in an award on 26 February 1986. Neither party applied to file the award in court within the 30‑day period prescribed by Article 119 of the Limitation Act, 1963. Six years later, the arbitrator himself …
The National Human Rights Commission filed a writ petition under Article 32 on behalf of about 65,000 Chakma refugees settled in Arunachal Pradesh, alleging persecution, quit notices and threats of eviction by the All Arunachal Pradesh Students Union. The Chakmas had applied for Indian citizenship …
The State of Maharashtra entered into a construction contract with National Construction Co. and obtained a performance guarantee from the Central Bank of India. When the contractor abandoned the work, the State sued the bank alone for the guaranteed amount; the suit was dismissed for non‑joinder of …
The appellants were charged under the IPC and Sections 3(1) and 3(2)(i) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for setting fire to a house during the 1993 Bombay riots, resulting in many deaths. The Designated Court denied bail, and the appellants contended that because …
Dr. B.S. Panchal was arrested under the Narcotic Drugs and Psychotropic Substances (NDPS) Act on 8 November 1993. Both the City Sessions Judge and the Gujarat High Court denied his bail applications, relying on Section 37 of the NDPS Act and the precedent set in Narcotics Control Bureau v. Kishan …
The manager of a village cooperative Samiti (the second respondent) was dismissed on charges of embezzlement. Claiming that the dismissal order was never served, he filed a civil suit for injunction, which was later withdrawn, and also lodged a complaint under Section 28‑A of the Rajasthan Shops and …
The Supreme Court examined two public‑interest petitions seeking to restrain the Union of India from conferring the Bharat Ratna and Padma awards, arguing that such awards constitute prohibited "titles" under Article 18(1) of the Constitution. The Court held that the framers intended to abolish …
Vijayalaxmi Cashew Company purchased raw cashew nuts, processed them to extract oil and kernels, and exported the kernels. The Deputy Commercial Tax Officer levied State sales tax on the penultimate purchase of raw nuts, contending that the kernels were not the same goods as the raw nuts. The …
M/s Chandrapur Magnet Wires (P) Ltd manufactured enamelled copper winding wires using duty‑paid copper wire bars. Certain final products were exempt from excise duty under Notification 69/86‑CE (as amended by 106/88), which required that no credit be taken on the inputs under Rule 57A of the Central …
The petitioner sought anticipatory bail under Section 438 of the Code of Criminal Procedure, and the High Court granted an ad‑interim order valid until 26 September 1995, imposing a condition that he report daily to the police station. Upon expiry of that order, the High Court judge directed the …
The Board of Trustees for the Port of Calcutta contracted with Engineers‑de‑Space‑Age, including a clause (13(g)) that barred the Commissioners from entertaining any claim for interest on delayed payments. An arbitrator, however, awarded interest pendente lite. The Board appealed, contending that …
The workmen employed by the Maharashtra Forest Department under the Panchgaon Parwati Scheme and social‑forestry projects alleged that they had been kept as casual labourers for five to six years, constituting an unfair labour practice under the Maharashtra Recognition of Trade Unions and Prevention …
R. Balakrishna Pillai, a former Kerala Minister for Electricity, was charged with criminal conspiracy (IPC s.120‑B) and an offence under the Prevention of Corruption Act for supplying electricity to a private firm in Karnataka without the Kerala Government's consent. The Kerala High Court held that …
MIS. Complete Insulations (P) Ltd. bought a Maruti car originally insured by New India Assurance for the original owner. The car’s registration was transferred to the appellant on 15‑June‑1989 and the appellant requested the insurer to transfer the insurance policy, but the insurer gave no response. …
Pratibha Banerjee, a retired Judge of the Calcutta High Court, was appointed Vice‑Chairman of the Central Administrative Tribunal (CAT) and continued to draw her High Court pension. Upon retiring from the CAT, she claimed that her pension should be fixed under Part I of the First Schedule of the …
The Management of Nilpur Tea Estate terminated the services of an employee on 1 February 1982 following a charge-sheet and domestic enquiry. The Labour Court set aside that termination and ordered reinstatement, a decision upheld by the High Court. While the reinstatement was pending, the employer …
The Department of Space (Union of India) sought land in Tamil Nadu for a rocket‑launching station under a notification issued pursuant to Article 258(1) of the Constitution. After the Land Acquisition Officers awarded compensation, owners obtained a reference under Section 18 of the Land Acquisition …
The appellant, a senior IAS officer, was convicted under IPC 120‑B read with Section 5(1)(d) of the Prevention of Corruption Act for conspiring to award a contract to a black‑listed firm at exorbitant rates. The trial court imposed a fine of Rs 10,000 and imprisonment till the rising of the court; …
The tenant, Chinnamma, occupied a residential premises under a lease from Gopalan and fell into rent arrears from June 1975. After a statutory notice, the landlord sought eviction under sections 11(2) and 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965. The Rent Controller ordered …
The Andhra Bank Ltd. appealed against the Income Tax Commissioner challenging the disallowance of deductions for amounts transferred to its reserve fund exceeding the statutory 20% of profit. The bank argued that a direction from the Reserve Bank of India under Section 35A compelled it to transfer a …
The Union of India appealed against an arbitrator’s award that enhanced compensation for land acquired under the Requisitioning and Acquisition of Immovable Property Act, 1952, and added solatium and interest. The competent authority had originally paid Rs 60 per Marla, which the respondents …
The appellants, manufacturers of edible oil, set up solvent extraction plants in Gujarat and claimed a five‑year sales‑tax exemption under a Notification dated 11 November 1970, relying on that Notification, a press note and statements by the Chief Minister and Finance Minister. The State later …
The Supreme Court examined the appeal of Karnel Singh, convicted under Section 376 IPC for raping a female labourer, Panchbai, at a factory on 28 August 1987. The prosecution presented the victim's testimony, medical evidence of semen stains on her petticoat and in her vagina, and noted the absence …
The murder of Jayantilal Vadodaria led to the arrest of four assailants and two villagers, Anirudhsinh Jadeja (Sarpanch) and Digubha Jadeja, who had concealed the murder weapons on the latter's field. The State invoked the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) against the …
The Oxford English School challenged the acquisition of its land by the Government of Tamil Nadu. A notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 8 September 1982 and a declaration under Section 6 was issued on 19 December 1983 (published 15 February 1984). The …
The appellant, a woman who obtained a divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, later filed an application for maintenance under Section 125 of the Code of Criminal Procedure. The trial magistrate dismissed the application, holding that a divorcee could not claim …
Hyderabad Industries Ltd. and others imported asbestos fibre, which they obtained by separating the fibre from its parent rock using manual and mechanical means, and paid customs duty under entry 25.01.32. They challenged the levy of additional duty under Section 3(1) of the Customs Tariff Act, 1975 …
Air India, created under the Air Corporations Act, 1953, had its employees' service conditions governed by the Air India Employees Service Regulations framed under Section 45 of that Act. After the Deputy Chief Labour Commissioner certified the standing orders under the Industrial Employment …
The Assistant Commissioner of Income Tax sought the release of tax liabilities amounting to Rs. 80,80,198.34 of several notified persons from funds held by a Custodian under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992. The Special Court ordered that the …
The case concerned the constitutional validity of the 1993 Ordinance (later Act No. 4 of 1994) that amended the Chief Election Commissioner and other Election Commissioners (Condition of Service) Act, 1991 by fixing the number of Election Commissioners at two and inserting provisions on how the …
The Supreme Court examined the appointments of the Vice‑Chairman and four members of the Madhya Pradesh State Administrative Tribunal, which had been challenged by three police inspectors through a public‑interest litigation. The High Court had quashed the appointments, holding that the procedure …
During the severe drought of 1971‑72, the Maharashtra government undertook scarcity‑relief road works, taking land without compensation. In 1991, an agriculturist filed a writ petition under Article 226 seeking compensation, alleging a 20‑year delay (laches). The Bombay High Court dismissed the …
The petitioners, contractors who had contracts with the State of Orissa, obtained arbitral awards from Special Arbitration Tribunals which were later made "Rules of Court" by civil courts. The State subsequently enacted the Arbitration (Orissa Second Amendment) Act, 1991, which retrospectively …
The Supreme Court entertained a habeas corpus petition filed by the relatives of seven men who were allegedly abducted by a Punjab police party led by a Deputy Superintendent of Police on suspicion of involvement in a militant kidnapping. The Court ordered a CBI inquiry, which concluded that the …
The appellant, Mis. Ramnarayan Satyanarayan Agrawal Distilleries Pvt. Ltd., employed only 22 workers and sought to manufacture potable alcohol under a state‑granted permission. Respondents, Associated Alcohols & Breweries Ltd. and others, challenged the appellant's tender, arguing that only a …
The Army Welfare Housing Organisation (AWHO) was tasked with constructing 422 flats in Som Vihar, New Delhi, and invited applications from serving and retired army officers in 1979. Four senior officers – Brig. D.K. Jetley, Col. Dahiya, Col. Gupta and Col. Khandpur – each claimed entitlement to two …
The assessees, M/s Steel Strips Ltd., manufactured cold‑rolled steel strips from hot‑rolled strips, which under Central Excise Tariff Item 26AA attracted a higher duty (Rs 650/MT) than hot‑rolled strips (Rs 450/MT). The excise authorities contended that the cold‑rolled strips were the result of a …
The State of Orissa challenged the validity of the Orissa Rural Employment, Education and Production Act, 1992 which imposed a tax of Rs 32,000 per acre on coal‑bearing lands. The High Court held that the State legislature lacked competence to levy such a tax and struck down the provision. On …
The Union of India challenged the clearance of aluminium dross and skimmings by Indian Aluminium Co. Ltd. without payment of excise duty. The company claimed credit for duty paid on aluminium ingots under Rule 56A while clearing aluminium sheets, and argued that the dross and skimmings, being waste, …
The Supreme Court examined whether an officer specially empowered under the COFEPOSA Act or the PIT NDPS Act to make a preventive detention order is required to consider the detainee's representation against that order. It held that the officer who makes the order is the detaining authority and must …
The Supreme Court examined a Special Leave Petition filed by the Director of the CBI and other officials challenging observations made by a Kerala High Court Division Bench in a writ petition filed by the public‑interest group Niyamavedi. Niyamavedi sought the arrest and suspension of the IG of …
Three appellants were arrested in Gujarat and, after a police search, charas was seized from them. They were convicted under Section 20 of the NDPS Act and Sections 65 and 66 of the Bombay Prohibition Act. The appellants argued that the police had not informed them of their right, under Section 50 …
Fenner (India) Ltd. manufactured PVC‑impregnated conveyor belting of lengths 100‑400 m, widths 600‑1200 mm and thickness 7‑9.5 mm. The Central Excise authorities classified the belting under Tariff Heading 39.20 (plates, sheets, film, foil and strip) as a "strip", while the appellants argued that it …
Dr. Ajay Singh Rawat, a member of the Nainital Bachao Samiti, filed a writ petition under Article 32 of the Constitution seeking directions to curb severe environmental degradation in Nainital caused by water, air, noise and other forms of pollution. The Supreme Court appointed a commissioner to …
Hindustan Construction Co. Ltd. entered into a dam‑construction contract with the Government of Orissa. A dispute over escalation charges and other sums exceeding Rs 1 crore was referred to an Arbitration Tribunal, which directed the State to refer the matter to a Special Arbitration Tribunal under …
The petitioners were drivers in Haryana Roadways who were retired after being declared medically unfit for heavy‑vehicle driving due to eyesight defects. They sought a writ directing the State to appoint one of their sons to a suitable post. The High Court granted the writ, but the State appealed, …
Shri K. Kumar died in a bus accident in 1990. The Consumer Protection Council, Tamil Nadu, filed a claim before the National Consumer Disputes Redressal Commission (NCDRC) on behalf of his legal representatives, seeking compensation. The NCDRC awarded Rs. 5.10 lakh without addressing the question of …
The Election Commission of India sought to requisition a large number of officers and staff of the State Bank of India for election duties under Article 324(6) of the Constitution. The State Bank Staff Association challenged the requisition, arguing that the Commission had no power under Section 26 …
Mis Voltas Ltd. entered into exclusive distribution agreements with numerous manufacturers, containing territorial and exclusive dealing clauses. The Monopolies and Restrictive Trade Practices Commission (MRTPC) issued notices under Section 10(a)(iii) and Section 37 of the Monopolies and Restrictive …
The appellant, Sharimk Uttarsah Sabha, a trade union, sought to be impleaded in an Industrial Court proceeding where Raymond Woolen Mills Ltd. had complained of unfair labour practices under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The …
New India Assurance Co. issued a comprehensive insurance policy for a bus owned by respondent No.4. The bus was involved in an accident caused by the negligent driving of respondent No.5, resulting in the death of a passenger, Laxman Singh, who was riding on the roof with the driver’s permission. …
The Supreme Court examined the Election Commission's directives that empowered district collectors and police to determine a person's citizenship and delete alleged foreign nationals from electoral rolls. Petitioners challenged the procedure, arguing that notices relied solely on police reports, …
M/s. Warden and Co. (India) Pvt. Ltd. manufactures fibre drums whose cylindrical side is paper, while the lids and bottom are plywood reinforced with steel rings. The company sought to have the drums classified under Central Excise Tariff Item No. 17(4) and to claim exemption under Notification No. …
A Division Bench of the Madhya Pradesh High Court held that the State could not reduce the minimum qualifying marks in General English for admission to medical and dental colleges to create seats for SC/ST candidates. The State of Madhya Pradesh filed Special Leave Petitions challenging that order. …
The Consumer Education and Research Centre filed a public‑interest writ under Article 32 seeking protection for workers in asbestos mines and industries, alleging that the right to health and medical care is a fundamental right under Article 21 read with Articles 39(c), 41, 43 and 48A of the …
The appellant, Durga Narayan, was appointed as Economic Officer of Dena Bank on 26 May 1978 with a basic pay of Rs.700, the scale recommended by the Pillai Committee. After ten years he claimed that he was entitled to a further "fitment" benefit under the Dena Bank (Officer's) Service Regulations, …
The appellant, Rama Narang, was appointed Managing Director of a deemed public limited company after being convicted of offences involving moral turpitude. Respondent Ramesh Narang challenged the appointment under Section 267 of the Companies Act, 1956, which bars a person convicted of such offences …
The Supreme Court examined writ petitions challenging Bar Council of India's Rule 9, which barred persons aged 45 years or more from enrolment as advocates. The petitioners argued that the rule violated Articles 14, 19(1)(g) and 21 of the Constitution and was inconsistent with Section 24 of the …
The Supreme Court considered writ petitions filed under Article 32 challenging a press note issued by the Election Commission that elections in Bihar and Orissa would not be held unless photo identity cards were supplied to all eligible voters. The Commission had earlier directed states, under Rule …
R.D. Hattangadi, a practising advocate, was severely injured in a head‑on collision between a car owned by Mis. Pest Control (India) Pvt. Ltd. and a motor lorry, resulting in 100% disability and paraplegia. He filed a claim under Section 110‑A of the Motor Vehicles Act, 1939 seeking compensation for …
The petitioners, members of the Uttar Pradesh Civil Service (Judicial Branch), challenged two 1975 notifications issued by the Governor under Article 237 of the Constitution which transformed the Uttar Pradesh Judicial Officers Service into a separate judicial service and made its members eligible …
The Bihar Public Service Commission (BPSC) conducted a screening test and viva voce for 195 Ayurvedic Medical Officer vacancies. Several unsuccessful candidates challenged the process alleging question paper leakage, evaluation by unqualified staff, vague questions with multiple answers, lack of …
Mis Subhash Aggarwal Agencies (appellant) and Mis Bhilwara Synthetics Ltd. (respondent) were members of the Delhi Hindustani Mercantile Association. The appellant claimed Rs 4,51,246.50 and the dispute was referred to a sole arbitrator who, following a High Court direction dated 20‑Nov‑1981, gave a …
The petitioners, private stage‑carriage operators, challenged the Tamil Nadu Motor Vehicles (Special Provisions) Act, 1992 which bars the grant of any new permit overlapping a notified route after 30 June 1990. They argued that the cut‑off date created an arbitrary classification violating Article …
The petitioners, members of the legal profession, sought suo motu initiation of criminal contempt proceedings against respondents, who were also lawyers and members of a Sub‑Committee on Judicial Accountability, alleging that they made statements disparaging judges and the judicial system. The …
The State of West Bengal and the Calcutta Municipal Corporation appealed against a Calcutta High Court decision that held the Calcutta Municipal Corporation (Amendment) Act, 1990 unconstitutional for imposing a one‑year ban on applications for high‑rise building plans. The Act introduced Section …
The Supreme Court considered the sanction of a scheme of amalgamation between Tata Oil Mills Company Ltd. (TOMCO) and Hindustan Lever Ltd. (HLL), a subsidiary of the foreign multinational Unilever. The petitioners – nominal TOMCO shareholders, employee unions and consumer groups – challenged the …
The Sub‑Committee on Judicial Accountability filed a suo motu criminal contempt petition against Justice V. Ramaswamy, alleging that a letter he wrote to the Enquiry Committee under the Judges (Inquiry) Act, 1968 contained sweeping allegations against judges and the judiciary. The petition invoked …
The Supreme Court Legal Aid Committee filed a writ petition on behalf of undertrial prisoners detained under the NDPS Act, alleging that delays in constituting special courts and stringent bail provisions violated Articles 14, 19 and 21. The petition sought quashing of the prosecutions and release …
The petitioners, accused in the 1993 Bombay blast case, were charged under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for knowingly possessing an AK‑56 rifle and ammunition. They argued that the possession was for self‑defence, not for terrorist purposes, and sought …
The Delhi High Court upheld the University Grants Commission (UGC) Regulations of 1991 that require a written eligibility test for appointment of lecturers in Delhi University and its affiliated colleges. The University challenged the regulations as beyond UGC's competence, directory rather than …
The Maharashtra State Financial Corporation (appellant) granted a bridge loan of Rs. 3 lakh to Mis. Suvarna Board Mills (respondent), which defaulted and accrued arrears of about Rs. 25 lakh. On 7 January 1992 the corporation issued a notice under Section 29 of the State Financial Corporation Act …
The petitioner, appointed as a temporary Staff Officer‑cum‑Instructor in the West Bengal Directorate of Civil Defence in 1965, claimed to be a member of the Civil Defence Corps and sought uniform service conditions under the Central Civil Defence Act, 1968. He argued that the Central Government, …
Satish Chandra challenged Sections 4, 5, 16, 21 and 27 of the Companies (Amendment) Act, 1988 on the grounds that Parliament lacked competence to create the Company Law Board (CLB) and that the Act failed to protect minority shareholders. The petition argued that the power under Section 397 of the …
Shri T. Sham Bhat, a Class‑I officer of Karnataka's non‑State Civil Service, was barred from selection to the Indian Administrative Service (IAS) after the IAS (Appointment by Selection) Second Amendment Regulations, 1989 increased the required continuous service from eight to twelve years and …
Graphic Industries Co. supplied stores worth about Rs. 50 lakh to Eastern Railways, but payment was delayed. The company filed a writ petition under Article 226 of the Constitution seeking a mandamus for payment, relying on correspondence between the Railway Minister and officials. The Calcutta High …
Hindustan Lever Ltd. sought to impose a ceiling on dearness allowance for workers earning above Rs 500 per month, arguing that the existing slab system caused over‑neutralisation of the cost‑of‑living index and distorted wage differentials, especially vis‑à‑vis junior executives. The Industrial …
The Action Committee on Issue of Caste Certificate filed a writ petition under Article 32 challenging Maharashtra's denial of Scheduled Caste and Scheduled Tribe benefits to persons who had migrated from other states. The petition argued that the denial violated Articles 14, 15(1), 16(2), 19 and the …
Dr. Rash Lal Yadav, appointed Chairman of the Bihar School Service Board for a three‑year term, was removed by the State Government under Section 10(7) of the Bihar Non‑Government Secondary Schools (Taking over of Management and Control) Act, 1981 on grounds of alleged mismanagement and detrimental …
Corporation Bank advanced an overdraft facility to D.S. Gowda for construction of flats, later securing the debt by an equitable mortgage and charging interest at 16.5% per annum with quarterly rests. The borrower contested the rate as excessive and argued that the RBI circulars and the Mysore …
