A P SEN

The Forest Range Officer seized teak timber worth Rs.1,71,000 from G.V. Sudhakar Rao and produced it before the Divisional Forest Officer, the Authorized Officer under s.44(2A) of the Andhra Pradesh Forest Act, 1967, seeking confiscation. While confiscation proceedings were pending, a criminal complaint was also filed …

The Supreme Court examined several election petitions filed by Dr. H.V. Hande challenging the election of M. Karunanidhi. The petitioners had deposited the required Rs.2,000 security for costs in the Reserve Bank of India on a pre‑receipted challan, and the petition included a photograph of a fancy banner but no copy o…

Syedabad Tea Co. Ltd. owned three parcels of land in Bihar that were acquired by the State of Bihar in 1951 under the Land Acquisition Act. While the State of Bihar appealed the compensation awarded by the District Judge, the West Bengal (Transfer of Territories) Act, 1956 came into force, transferring the territory (a…

The petitioners challenged the preventive detention of Kantilal Nagar Das Shah under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after customs seized 141 slabs of palladium he had smuggled from Muscat. The wife argued that the detenu was denied legal representation before the A…

Asharfi Lal and Babu, real brothers, along with their sons, entered the house of Smt. Bulakan on the night of 13-14 August 1984 to settle a property dispute. They brutally murdered her two daughters, Kumari Sumati (14) and Kumari Kalkanta (20), using a gandasa and a banka, and attempted to kill Smt. Bulakan herself. Th…

Wing Commander R.R. Hingorani, a retired Air Force officer, was allotted a government flat in 1968. After his transfer in 1970 he failed to inform the Directorate of Estates and continued to occupy the flat for nearly five years beyond the two‑month concessional period, after which the allotment was deemed cancelled. T…

The appellants, A.K. Roy and others, were charged under the Prevention of Food Adulteration Act, 1954 after a Food Inspector from Faridkot filed a complaint alleging adulteration of noodles. The Inspector claimed authority to prosecute based on a delegation of power from the State Government to the Food (Health) Author…

The first meeting of the Aurangabad Municipal Corporation was convened on 6 May 1988 to elect the Mayor, Deputy Mayor and Standing Committee members. A violent disturbance broke out when opposition councillors seized ballot boxes and chairs were thrown, prompting the Municipal Commissioner to adjourn the proceedings at…

The appeal concerned the interpretation of Section 7D of the Kerala Land Reforms Act, 1963 (as amended 1969), which deems certain occupants of private forests or unsurveyed lands to be tenants. The High Court held that the protection under this provision applies only to occupants whose possession has a lawful origin an…

Mohanlal Jatia was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on the basis of documents seized from his brother‑in‑law and statements recorded by R.C. Singh of the Enforcement Directorate. His wife, Pushpadevi Jatia, challenged the detention before th…

The appellants, convicted by a General Court‑Martial under the Army Act, sought the benefit of Section 428 of the Criminal Procedure Code (CrPC) which allows set‑off of detention time during investigation, inquiry or trial against the term of imprisonment. The Supreme Court examined whether the CrPC provisions apply to…

The landlord, a retired government servant, filed an eviction petition under Section 13‑A of the East Punjab Urban Rent Restriction (Amendment) Act, 1985, claiming the premises for his own residence. The tenant argued that the landlord was not a "specified landlord" within the meaning of Section 2(hh) because he had le…

Babu Lal purchased land from respondents 6‑9, which had earlier been agreed to be sold to respondents 1‑5. The latter sued for specific performance of their contract; the trial court dismissed, but the appellate courts decreed specific performance and ordered the sale deed to be executed in favour of the plaintiffs. Th…

The petitioner was detained under Section 3(2) of the National Security Act, 1980 and the State Government confirmed the detention after an Advisory Board reported sufficient grounds. The petitioner submitted a representation against the detention, but the State Government waited for the Board's opinion before consider…

The Rajasthan Public Service Commission advertised a direct recruitment exam for the Rajasthan Administrative Service in 1983, stipulating that candidates must be at least 21 years old on 1 January 1984 and must not have attained the age of 28 on that same day. The appellant, born on 2 January 1956, was initially allow…

The Supreme Court examined writ petitions filed under Art.226 challenging the location of Revenue Mandal Headquarters in Andhra Pradesh, which had been notified under sub‑section (5) of Section 3 of the Andhra Pradesh Districts (Formation) Act, 1974. The High Court had, in some cases, quashed the final notifications an…

The appellant was detained under Section 3(2) of the National Security Act, 1980 and filed two representations – one to the Chief Minister and another to the Advisory Board – seeking release. While the Advisory Board considered the second representation promptly, the Chief Minister’s office delayed consideration of the…

Amandeep Kaur was brutally murdered by being doused with kerosene and set alight by her mother-in‑law, Kailash Kaur, and sister‑in‑law Mahinder Kaur, allegedly to extract additional dowry. The deceased’s dying declaration, a letter to her father detailing dowry harassment, and medical and police testimony formed the ba…

The petitioners, owners of stage‑carriage motor vehicles in Punjab, challenged a 1981 amendment that raised the motor‑vehicle tax to Rs 500 per seat (maximum Rs 35,000) alleging it was expropriatory, violated Articles 14, 19(1)(g), 301 and 304(b) of the Constitution and was beyond the State’s legislative competence. Th…

Ravinder Kumar Sharma, a line‑man employed by the Punjab State Electricity Board, was senior to several colleagues who were promoted to the post of line‑superintendent in 1977. The Board had fixed a quota reserving a percentage of promotions for diploma‑holding line‑men, thereby bypassing Sharma, who, although a non‑di…

The appellant, a political figure, was appointed Secretary of the first Board of Directors of the Vaishalli District Central Cooperative Bank under Bye‑law 29, which allowed the Registrar to nominate the Board for up to one year at a time. The Board's term was repeatedly extended by directions from the Chief Minister, …

The petitioners, life convicts for murder, were released on bail pending appeal and were granted a remission of 19 months and 12 days while on bail. The State, relying on a Governor's order and a subsequent letter, excluded prisoners on bail or with suspended sentences from remission under paragraph 637 of the Punjab J…

The Tamil Nadu Government, invoking powers under the Essential Commodities Act, 1955 and a central notification (G.S.R. 800, 1978), issued the Tamil Nadu Paddy (Restriction on Movement) Order, 1982, which completely banned the transport of paddy from certain districts. Traders challenged the order, alleging it exceeded…

The Supreme Court examined the constitutionality of clause (b) of Section 32 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, which exempted all buildings constructed on or after 26 August 1957 from the Act's rent‑control provisions. Petitioners argued that after more than two decades the e…

The petitioners filed special leave petitions more than three years after a High Court judgment, seeking to increase the compensation for land acquired to Rs.17.50 per square yard, relying on two Supreme Court decisions that had enhanced compensation for adjacent land. They argued that the Land Acquisition (Amendment) …

L.B. Sugar Factory & Oil Mills Ltd., a sugar manufacturer, contributed Rs 22,332 to the construction of a dam and road at the request of the Collector and Rs 50,000 towards roads under a Sugarcane Development Scheme. Both amounts were claimed as deductions under section 10(2)(xv) of the Indian Income‑Tax Act, 1922, but…

Appellant No.1, Laxmi Raj Shetty, was convicted of murder, robbery and house trespass and sentenced to death, while his father, Appellant No.2, Shivram Shetty, was convicted of harbouring and possessing stolen property. The prosecution relied entirely on circumstantial evidence, including the accused's knowledge of the…

Sudha Devi sued the tenant (defendant 1) for non‑payment of rent and wrongful sub‑letting, and also sought possession against a third defendant who allegedly occupied the flat after a decree. The defendants did not appear, and an ex‑parte decree was passed based on the plaintiff’s sole witness. The third defendant appe…

Bihari Chowdhary and another filed a suit for declaration of title and possession of immovable property against the State of Bihar. Before filing, they served a notice under Section 80 of the Civil Procedure Code on 18‑Feb‑1969 but instituted the suit on 2‑Apr‑1969, i.e., before the two‑month statutory period prescribe…

The appellant, a former advocate, joined Hindustan Shipyard, a Government of India undertaking, and later applied for a District Munsif post under the Andhra Pradesh State Judicial Service Rules. The recruitment rules required three years of legal practice, but a proviso allowed candidates already in "Government servic…

A food inspector seized a sample of kutcha khoya from the appellant’s sweet‑meat shop, divided it into three parts and sent one to the public analyst (who found adulteration) and two to the local health authority. The appellant invoked his right under s.13(2) of the Prevention of Food Adulteration Act to have a part ex…

The State of Maharashtra sought to establish a permanent bench of the Bombay High Court at Aurangabad, but pending central approval, the Chief Justice issued an order under s.51(3) of the States Reorganisation Act, 1956, appointing Aurangabad as a place where Judges and Division Courts may also sit. The High Court stru…

The case arose from a 1927 partition of jointly owned agricultural land where a common well (W2) and its channel were retained for joint use. The appellants, owners of an exclusive well (W1) purchased in 1928, irrigated their allotted plots by connecting a small channel from W1 to the common channel on the shared land.…

Brahma Datt Sharma, an executive engineer of Uttar Pradesh, was dismissed in 1972 after a departmental inquiry and later had the dismissal order quashed by the High Court in 1984 because he was not given a chance to see the recommendation on the quantum of punishment. While he was retired, the State Government issued a…

The Municipal Corporation of Greater Bombay reserved a parcel of land for a recreation ground under the final development plan of 1967 but failed to acquire it within ten years. The trustees of the land served a purchase notice on 1 July 1977, which the corporation received on 4 July 1977. Section 127 of the Maharashtr…

Soundararaj sued the respondents for demarcation of his property boundary and a mandatory injunction to remove eaves protruding onto his land. The trial court, after accepting the commissioner’s report, decreed a boundary wall and ordered removal of the eaves. Both the subordinate judge and a Single Judge of the Madras…

The appellant, an officer who was officiating as Superintending Engineer in the Gujarat Service of Engineers, was ordered to retire compulsorily under the first proviso of Rule 161(1)(a) of the Bombay Civil Services Rules, 1959, upon attaining the age of 55. He challenged the order, arguing that having attained the ran…

The appellant, a government servant, was convicted by the Sessions Court of rape, outraging modesty and wrongful confinement of two minor girls aged about 10‑12, and the High Court affirmed the convictions for confinement and outraging modesty while reducing the rape conviction to an attempt. He appealed to the Supreme…

The case involved descendants of a common ancestor who had partitioned their agricultural land in 1955 and later their residential properties. A memorandum of partition (Exh. P‑12) dated 3 August 1955, later confirmed by a settlement (Exh. P‑1) on 31 January 1971, listed the properties allotted to each party. The dispu…

The Supreme Court examined two Uttar Pradesh Government notifications issued under section 43‑A of the Motor Vehicles Act, 1939 that directed all eligible applicants to be granted stage‑carriage permits without any upper limit and limited the factors transport authorities could consider to only certain clauses of secti…

The respondent, Ismail Juma, was detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for alleged involvement in smuggling wrist‑watches worth about Rs 33 lakhs. The Gujarat High Court, exercising its writ jurisdiction under Article 226, quashed the detent…

The case concerned the death of Sudha, who was found burnt in a Delhi flat; the prosecution alleged that her mother‑in‑law Shakuntala and husband Laxman Kumar deliberately set her on fire to avoid dowry demands, while the defence claimed an accidental fire from a kerosene stove. The trial court convicted all three accu…

The petitioners, who had defaulted on Uttar Pradesh sales tax, were subject to arrest and detention under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, as a method of recovering arrears treated as land revenue. They challenged the constitutionality of this process, alleging violations of Articles 14…

The Supreme Court examined several Special Leave Petitions challenging the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The petitioners argued that a separated minor son should not be treated as a member of the family unit, that land transferred by such sons before the Act should not be cou…

The Khargram Panchayat Samiti, empowered under section 117 of the West Bengal Panchayat Act, 1973 to grant licences for cattle fairs, resolved to schedule two rival fairs on different days to prevent law‑and‑order problems. The High Court quashed this resolution, holding that the Samiti's power was limited to sanitatio…

K.S. Mahalingam, a customs examiner, was charged with misconduct and dismissed after an inquiry. He appealed, and the Madras High Court Single Judge quashed the dismissal, holding that no second show‑cause notice was given before the penalty and that the inquiry report was not supplied. The Division Bench agreed and or…

The appellants operated stage‑carriage services on inter‑State routes between Mysore (now Karnataka) and Andhra Pradesh and were exempted from motor‑vehicle tax by a notification dated 27 March 1963 issued under Section 9(1) of the Andhra Pradesh Motor Vehicles Taxation Act, 1963. After the Mysore State introduced a sc…

The Supreme Court examined whether Junior Basic Trained (JBT) teachers classified under Category B Group II of the 1957 Punjab Government circular were entitled to the higher pay scale solely on acquiring higher academic qualifications such as B.A., B.T. or B.Ed., without the additional requirement of JST/JAV professio…

The wife obtained a decree of dissolution of marriage on grounds of cruelty and appealed the decree, which was dismissed by the High Court on 16 July 1986. The husband subsequently contracted a second marriage on 17 August 1986, and the wife filed a Special Leave Petition (SLP) under Article 136 of the Constitution wit…

Arun Kumar Roy was appointed as a temporary Stores Officer in the Zoological Survey of India on 30 July 1975, with a two‑year probation that was later extended by one year. On 27 July 1978 he was terminated during the extended probation, the termination order stating that he was entitled to one month’s salary in lieu o…

The Kerala State Government declared raw cashew nut an essential article under the Kerala Essential Articles Control (Temporary Powers) Act, 1961 and issued a procurement and distribution order. Petitioners processing cashew nuts challenged the declaration under Article 32, arguing that raw cashew nut is a "foodstuff" …

Chhotu Singh, holder of a C.L. III country liquor licence in Village Sawli, applied to shift his shop to Village Narsi Chaurasta due to low demand. The District Collector, after making enquiries as per the Government circular dated 27 April 1984, recommended the shift, and the State Government eventually granted permis…

Pala Singh, a displaced person, was allotted land under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. In 1961 surplus lands were transferred to the Punjab Government under a package‑deal arrangement. In 1962 the Managing Officer allowed Singh to purchase excess land and he paid the price, but the C…

The petitioner, Poonam Lata, filed a writ petition under Article 32 seeking habeas corpus for her husband Shital Kumar, who had been detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on 28‑Feb‑1986. After a rejected representation and confirm…

The respondent, Dina Nath, defaulted on liquor licence fees and was subjected to revenue recovery proceedings under the Punjab Land Revenue Act, 1887, resulting in a proclamation prohibiting the transfer of his half‑share in a residential property and notifying it for auction. He filed a suit seeking a permanent injunc…

Haya Singh, aged about 18, was convicted of murder under sections 302/34 IPC and sentenced to life imprisonment. Because he was under 21, he was sent to a Borstal Institution under the Punjab Borstal Act, 1926. After turning 21 he was transferred to a district jail and continued to serve his sentence. He filed a writ p…

The petitioner, a passenger, fell from a bogie that was being shunted at a railway station and sustained a hand injury. The Railway Administration argued that the injury was not the result of an "accident to the train" as contemplated by Section 82A of the Indian Railways Act, 1890. The High Court had interpreted "acci…

The petitioner Jharia was convicted under IPC s.302 read with s.34 and sentenced to life imprisonment, a conviction upheld by the Rajasthan High Court while his co‑accused were acquitted. He applied for special leave to appeal to the Supreme Court under Article 136, but the petition was dismissed, as was a subsequent r…

Vinod Kumar, a college student, was convicted for leading a pre‑planned triple murder in 1973 and sentenced to life imprisonment under IPC s.302 read with s.149. He appealed, the High Court affirmed the conviction, and later obtained special leave to raise a belated claim that he was a child (under 16) at the time of t…

The State of Haryana prosecuted Uttam alias Cheaku and three others for a highway robbery on the Delhi‑Jaipur road, during which the victims Om Parkash and his wife Jai Rani were assaulted, robbed and injured. The trial court, after detailed consideration of victim testimony and identification parades, convicted Uttam …

Krishna alias Raju, a bus driver, was convicted of rash and negligent driving under IPC sections 279, 337, 304-A and Motor Vehicles Act sections 89(a) and 89(b) after his bus struck a bullock cart, causing one death and one injury. The magistrate imposed only nominal fines totaling Rs.345. The State appealed under Sect…

The State of Madhya Pradesh divided the Manasa block into twenty constituencies for the Janapada Panchayat election and, after Gram Panchayat elections were completed, issued a notification on 25 November 1970 to re‑redistribute those constituencies. Devi Lal, a Gram Sabha Sarpanch, challenged the notification under Ar…

The State of Assam charged Muhim Barkataki and Oulu Dutta with murder and arson, alleging they set fire to the deceased Nagen Dey's shop and body after pouring kerosene. The prosecution relied on eye‑witnesses who saw the fire, a dying declaration made by the victim while in severe pain, and statements recorded under S…

P.D. Khandekar and A.N. Agavane were found guilty of professional misconduct by the Disciplinary Committee of the Bar Council of India for giving improper legal advice in two matters – a purported marriage and a gift deed – and were suspended for four months and two months respectively. They appealed to the Supreme Cou…

The petitioners challenged three notifications issued by the Chief Commissioner of Chandigarh under Section 3 of the East Punjab Urban Rent Restriction Act, 1949 (as extended to Chandigarh), arguing that the section delegated excessive legislative power, violated Article 14, was ultra‑violet of the Act’s object, and th…

The wife (appellant) and husband (respondent) were married in Delhi and subsequently lived there, although both originally hailed from Bagyan, Uttar Pradesh. The husband filed a petition for nullity of marriage under section 12 of the Hindu Marriage Act in the District Court of Almora, claiming the parties were residen…

The State seized about 600 metric tonnes of tin plates worth Rs.60 lakh from Calcutta Hardware Stores alleging violations of the Essential Commodities Act, 1955 and the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977, and also invoked sections 1208 and 420 of the IPC. The respondents a…

The case concerned an election for Chairman of a Panchayat Union in Tamil Nadu where two candidates claimed to be the official Indian National Congress (I) nominee. The Returning Officer first allotted unreserved symbols, but after a letter from the party president clarified the appellant as the official candidate, an …

The case concerned a company‑allotted flat that a former officer continued to occupy after retirement. The company sought prosecution under Section 630 of the Companies Act, 1956, which penalises officers or employees who wrongfully retain company property. The Supreme Court examined whether the term "officer or employ…

Balbir Singh, a former army officer and school lecturer, was charged under Section 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 for allegedly inciting a crowd of about 1,500 people during a rail protest in Siwah. The prosecution's case rested solely on the testimony of two constables who claimed …

The Uttar Pradesh Government issued an order on 15 December 1982 requiring candidates for postgraduate medical degree courses to have at least 55% marks in MBBS and for diploma courses at least 52% before they could be considered for merit‑based admission. Several candidates denied admission challenged the order before…

The State of Andhra Pradesh prosecuted ten accused for forming an unlawful assembly and murdering a man returning from a canal, with several eye‑witnesses (PW‑1, 3, 4, 6, 7) testifying to the gruesome attack. The Sessions Court convicted the accused under IPC sections 147, 148, 149 and 302, imposing death, life impriso…

The Union of India appealed against High Court orders that granted seniority benefits to several former State Civil Service officers who had been temporarily appointed as Collectors under Rule 9 of the IAS Cadre Rules, 1954. The respondents argued that their continuous officiation in a senior post should be counted for…

The Supreme Court examined a dispute over the revival of Kamani Tubes Ltd., where the workers, through their union, proposed a scheme for revival that was examined and sanctioned by the Board for Industrial and Financial Reconstruction (BIFR) under the Sick Industrial Companies (Special Provisions) Act, 1985. The Court…

The Nibhana Co-operative Housing Society (Respondent No.2) sought possession of flat No. 62 allotted to Mrs. Maya (Respondent No.1) from Hindustan Thompson Associates Ltd. and others (Appellants), alleging they occupied the flat as licencees without the Society's written consent. The Appellants contended that they were…

Smt. Mohini R. Adwani, a member of Maitrai Co-operative Housing Society, allotted flat No. 15 to the appellant, M.S. Ahluwalia, under a leave‑and‑licence agreement without the society’s prior consent. After the licence expired, the appellant continued to occupy the flat, using it as a canteen, and refused to vacate whe…

The Uttar Pradesh Public Service Commission advertised for the post of Food & Drug Controller, requiring a medical degree and five years of experience in drug standardisation or testing. Dr. M.C. Bindal applied, claiming seven years of experience, and was provisionally recommended pending verification of the experience…

Esso Eastern Inc., later Hindustan Petroleum Corporation Ltd., occupied a flat in Shyam Co‑operative Housing Society on a leave‑and‑licence basis from 1968, with the licence renewed yearly. By 1 February 1973 a subsisting licence existed, rendering the occupier a "deemed tenant" under section 15A of the Bombay Rent Act…

The dispute arose from a 1964 agreement whereby the tenant‑co‑partner member of the Shyam Cooperative Housing Society, Smt. Devibai H. Advani, allowed Rajpal Bhatia to occupy her flat on a leave‑and‑licence basis. After the licence was terminated, Advani sought eviction of Bhatia under Section 91 of the Maharashtra Coo…

The petitioners, manufacturers of washed cottonseed oil, challenged the constitutional validity of Sections 41 and 41A of the Bombay Sales Tax Act, alleging that the State of Maharashtra’s power to grant tax exemptions to new units in backward areas and to withdraw those exemptions for edible‑oil units only was arbitra…

The Fairfield Co‑operative Housing Society, a tenant‑partnership society, discovered that its member Smt. Vishni J. Kalwani had let flat No. 7 to A.V.R. & Co. and J.R. Enterprises as licencees without the society’s consent, violating its bye‑laws. The society filed a dispute under Section 91 of the Maharashtra Cooperat…

The State of Kerala issued a Gazette order (Ex. P‑4) sanctioning 91 private agencies to open or upgrade unaided recognised schools under the Kerala Education Act, 1957. After a change of government, a subsequent order (Ex. P‑7) cancelled the earlier sanction without hearing the applicants. The applicants challenged the…

The Tamil Nadu Government reserved three MBBS seats for "eminent sportsmen" and prescribed a preference order based on participation at international, national or state level, with a 50% academic eligibility threshold. The Selection Committee applied the national‑level criterion and chose three candidates based on thei…

Indravadan, a Civil Judge (Senior Division) was eligible for promotion to Assistant Judge. His name appeared on the 1982‑83 select list but the list lapsed on 30 April 1983; having turned 48, he was struck off under Rule 6(4)(i) and 6(4)(iii)(a) of the Gujarat Judicial Service Recruitment (Amended) Rules 1979, which ba…

Anand Kumar filed Special Leave Petitions challenging the method by which the age of the Chief Justice of the Andhra Pradesh High Court, K. Bhaskaran, was determined. The petitioners sought a writ of mandamus to compel the President of India to decide the matter, arguing that the Council of Ministers should be involved…

The Rural Litigation and Entitlement Kendra filed a writ petition alleging that illegal limestone quarrying in the Mussoorie hills and Dehradun area was causing severe ecological damage. The Supreme Court appointed several committees (Bhargava, Working Group, Valdia Expert Committee, Bandopadhyay) to assess safety, env…

The case concerned an application for probate of a will executed by the deceased Ranendra Chandra Bose in 1952. The executors sought probate, but the trial court refused on the ground of doubts about the testator's mental capacity and the authenticity of his signature. The High Court set aside that decision, granting p…

The Supreme Court examined whether a 1958 government notification under section 88(1)(b) of the Bombay Tenancy and Agricultural Lands Act, 1948, which reserved lands within Baroda municipality for non‑agricultural/industrial use, rendered the Act's provisions inapplicable retrospectively, thereby extinguishing rights a…

The State of Gujarat detained Adam Kasam under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, alleging his participation in a smuggling operation involving contraband wrist‑watches. Kasam challenged the detention before the Gujarat High Court, which quashed the order…

The Karnataka Government promulgated the Contract Carriages (Acquisition) Ordinance, 1976 which provided that certain employees of contract carriage operators would be automatically absorbed into the Karnataka State Road Transport Corporation (KSRTC) at a ratio of 7.9 per vehicle. The Ordinance was later repealed and r…

M.L. Jain, a retired Judge of the Delhi High Court, challenged the pension fixed by the Pay & Accounts Officer at Rs.26,000 per annum, contending that amendments to the High Court Judges (Conditions of Service) Act in 1986 and 1988 and related Office Memoranda entitled him to a higher pension. The Government of India, …

The Calcutta Youth Front and others challenged the Calcutta Municipal Corporation's grant of a 30‑year licence to Happy Homes & Hotels Pvt. Ltd. for the sub‑soil of Satyanarayan Park to construct an underground market and parking facility, arguing that the corporation lacked authority to alienate public park land and t…

The appellants, sisters Smt. Sova Ray and others, sued for partition of family property claiming a one‑third share. The trial court granted the share and the parties later settled on a compromise whereby the defendant, their uncle Gostha Gopal Dey, would acquire half of their share (one‑sixth of the property) for Rs 40…

The case concerned the validity of a competitive examination held in 1981 for recruitment to Grade III ministerial staff of the Subordinate Civil Courts in Kanpur. The petitioner argued that the examination, conducted under the 1950 Rules, was unauthorised because the 1969 Amending Rules and the 1975 Rules had supersed…

The case concerned the interpretation of the Orissa Additional Sales Tax Act, 1975 as amended in 1979 and whether its additional tax was subject to the single‑point levy rule of section 8 of the Orissa Sales Tax Act, 1947. The appellants argued that, because section 3(2) of the 1975 Act made the provisions of the 1947 …

The Andhra Pradesh Government issued the Revised Scales of Pay Rules, 1969 and later an executive order fixing the pay of employees placed in the Selection Grade so that it would not exceed the pay of their seniors in higher posts. The High Court struck down this order as violative of Articles 14, 16 and Fundamental Ru…

The plaintiffs, heirs of Haji Umar Kasam, claimed that his properties in Junagadh were not evacuee property and that the Custodian’s taking over of them was illegal. The Union of India argued that the properties had become evacuee property under the Junagadh Act and subsequent statutes, and that sections 28 and 46 of t…

The petitioners, diploma‑holding engineers appointed in the erstwhile Punjab Service, were promoted to Sub‑Divisional Officer in Class II and were eligible for promotion to Executive Engineer in Class I under the unamended Rule 6(b) of the Punjab Service of Engineers (Class I) Rules, 1964. The Haryana Government issued…

The petitioners, Ashok Gulati and others, were promoted as Executive Engineers on an ad‑hoc basis by the Haryana Government in 1978, while respondents B.S. Jain and S.L. Gupta, who had earlier served as Temporary Engineers on an ad‑hoc basis, claimed that their service should count for seniority and eligibility for pro…

The petitioner, a former joint manager of a government undertaking, was allotted a company flat during his service and was allowed to stay for six months after retirement on humanitarian grounds. He failed to vacate, prompting the Shipping Corporation of India to lodge a complaint under s.630 of the Companies Act, 1956…

D.D. Suri, an emergency recruit from the open market, was appointed to the Indian Administrative Service (IAS) in 1950 and was assigned a year of allotment of 1944 by the Government of India, affecting his seniority. He sought a higher year of allotment (1942), additional pay for holding two posts simultaneously, and p…

The Punjab University had initially recognised the 12th standard examination of the 10+2+3 system as equivalent to its pre‑University exams, but later altered this policy in April and May 1980, stating that only examinations conducted by recognised boards would be deemed equivalent. A group of students who had relied o…

The case concerned Subash Chander, who entered the M.B.B.S. programme of Punjab University in 1965 under Regulation 25 which allowed grace marks up to 1% of the total aggregate. In 1970 the University amended the rule, adding an exception that for M.B.B.S. examinations grace marks could be given only up to 1% of each s…

Senior advocate L.D. Jaikwal, after being asked to appear in proper court attire before a Special Judge, left the courtroom and later submitted a written application using scurrilous language, calling the judge a "corrupt judge" and "contaminating the seat of justice" and forwarding copies to various authorities. The A…

The case concerned a family dispute over a 15.62‑acre inam garden granted in 1837, which had become part of the joint Hindu family estate. After the Madhya Pradesh Land Revenue Code, 1959 came into force, the inam holder became a bhumiswami under s.158(1)(b), and the question arose whether this conversion gave him excl…

The dispute concerned the grant of a liquor licence for Jorhat Country Spirit Shop No. I under the Assam Excise Rules, which give preference to "educated unemployed youth". The Board of Revenue upheld the licence in favour of the appellants, Bishnu Ram Borah and Bipin Chand Borah, rejecting the claims of respondents Pa…

The petitioners challenged a bye‑law framed by various Zila Parishads under Section 239(2)(E)(a) of the Uttar Pradesh Kshetra Samiti and Zila Parishads Act, 1961, which required that the right to trade in carcass utilisation be awarded by public auction. Lower courts struck down the auction provision as creating a mono…

Kapoor Chand, a British citizen of Indian origin, entered India with a car under the Carnet de Passage convention and later sought an import licence, altering an affidavit by changing "for three years" to "permanently". He was prosecuted under IPC s.420 read with s.511 (cheating) and related forgery provisions, despite…

The respondents, convicted under IPC sections 148, 302 and 149, appealed to the Calcutta High Court. The High Court admitted the appeal but, without receiving the Sessions Court records or fixing a hearing date, acquitted the respondents based on an alleged concession by the public prosecutor. The complainant filed a S…

The respondent sued for specific performance of a contract for sale of a house. The trial court decreed in his favour and the High Court affirmed. During the hearing of the Letters Patent Appeal, the parties orally agreed that the appellant would pay Rs.2,25,000 as full and final settlement, but the agreement was not r…

The case concerned a senior IAS officer, Badrinath, who delivered a speech criticizing the Red Fort time‑capsule and later sought to sue the Chief Secretary for defamation. He applied for permission under Rule 17 of the All India Services (Conduct) Rules, 1968, which bars civil servants from suing for vindication of an…

The appellant, a signalman in the Indian Army, was serving a 28‑day rigorous imprisonment when he was charged under Section 41(2) of the Army Act for refusing to eat food on a superior's order. A Summary Court‑Martial, presided over by the commanding officer who had previously punished him, sentenced him to one year of…

Hari Chand (plaintiff) sued Daulat Ram (defendant) for recovery of possession of a disputed parcel of land, alleging ownership based on a registered sale deed and claiming the defendant had encroached by constructing a mud wall and khaprail in May 1961. The defendant counter‑claimed ownership by adverse possession unde…

The case concerned an ancient temple registered as a public trust under the Bombay Public Trust Act, 1950. After trustees terminated the services of two licensees who refused to vacate temple premises, the trustees filed suits for declaration of title and possession. Earlier suits were dismissed for lack of written con…

Shri Narakesari Prakashan Ltd and Nav Samaj Ltd, printers and newspaper publishers, were served a notice to pay Employees' State Insurance (ESI) contributions for their administrative and editorial staff from 28 January 1968. They challenged liability for the period up to 19 November 1976, arguing that such staff were …

Gulab Mehra, an under‑trial prisoner, was served with a detention order under Section 3(2) of the National Security Act while already in jail. He challenged the order on grounds that the detention grounds were vague, the detaining authority had not applied its mind, and that a preventive detention cannot be validly mad…

The appellant, a sub‑tenant, was originally paying rent to the respondent, a tenant, but after receiving an eviction notice from the head lessor (title paramount) he attorned to the head lessor and began paying rent to him, ceasing payments to the respondent. The respondent filed eviction proceedings under the Andhra P…

Inderjit alias Billa was detained under the Prevention of Black‑marketing and Maintenance of Supplies of Essential Commodities Act, 1980. He applied to the Advisory Board for legal representation, but the request was denied while the State was represented by a team of lawyers. The petition challenged whether this diffe…

The State of Karnataka sought to recover motor vehicle tax arrears for a 12‑ton lorry that had been sold by the first respondent to the second respondent without reporting the transfer. Both respondents argued they were not liable: the first because he had sold the vehicle, the second because the lorry was in a worksho…

The appellant, Beopar Sahayak Ltd., sought possession of leased premises, but the respondents obtained a release order under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, issued by a Prescribed Authority who was an Executive Magistrate. The appellant challenged the order on …

The petitioners, a teacher and vice‑principal of a Delhi aided school run by a linguistic minority society, were suspended by the school management on charges of fund diversion without obtaining prior approval of the Director of Education as required by section 8(4) of the Delhi School Education Act, 1973. The petition…

The Madras High Court, on a petition under Art. 226, quashed the Commissioner of Prohibition & Excise’s order rejecting two licence applications and, by mandamus, directed the Commissioner to grant a licence to Majestic Bottling Company despite the requirement of prior State Government approval under Rule 7 of the Tami…

The appellant, a supervisor in the Border Roads Organisation, was terminated during probation and later faced disciplinary action for desertion, resulting in removal from service under the Central Civil Services Rules. He appealed the removal to the Director-General, who dismissed the appeal without addressing the proc…

Shiv Kumar, a landlord, filed an eviction suit on 11 June 1973 under the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, claiming the Act did not apply because the shop was constructed in 1966 and was exempt for ten years. The tenants argued that the Act did apply and that they were entitled t…

The State of Karnataka charged Narsa Reddy and three others with murder and related offences. During the trial, two police officers were added as accused for disposing of the body, but they claimed that prosecution required prior sanction under Section 197 of the CrPC. The Sessions Judge rejected their claim, leading t…

The appellants, Usmanbhai Menon and others, were arrested after an armed clash and produced before a Designated Court under the Terrorist & Disruptive Activities (Prevention) Act, 1987 (TADA). Their bail applications were rejected by the Designated Court, and they sought bail from the Gujarat High Court under s.439 of …

The Supreme Court examined the dismissal of two police officers, Shivaji Atmaji Sawant and Namdeo Jairam Velankar, who were terminated under sections 25(1) and 25(2) of the Bombay Police Act, 1951, invoking clause (b) of the second proviso to Article 311(2) of the Constitution. The appellants contended that the dismiss…

Bhagat Ram Sharma, a former member of the Punjab Legislative Assembly and later a member of the Punjab State Public Service Commission (PSPC) who retired in 1959, sought pension benefits under Punjab PSPC Regulation 8(3) and under the Himachal Pradesh Legislative Assembly (Allowances & Pension of Members) Act, 1971. Th…

The Supreme Court examined two writ petitions challenging orders of preventive detention under the National Security Act, 1980 issued against Alijan Mian and Jadunandan Sah, who were already in jail and likely to be released on bail. The detaining authority justified the detention on the ground that, if released, the p…

Hardeep Singh, a constable on probation in the Haryana Police, was dismissed without a charge sheet or hearing after participating in a peaceful union protest. He challenged the order, arguing it was a punitive dismissal that required compliance with Article 311(2) of the Constitution and Rule 16.24(ix)(b) of the Punja…

Titaghur Paper Mills Co. Ltd. was assessed for sales tax for the year 1980-81 under the Central Sales Tax Act, 1956 and the Orissa Sales Tax Act, 1947 after the assessing officer, having refused further adjournments, made a best‑judgment assessment treating the gross turnover as taxable. The company filed writ petition…

The accused were charged under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 for adulterating turmeric powder. After the prosecution presented some evidence, a plea‑bargaining arrangement was reached among the prosecution, the defence and the magistrate, leading the accused to…

The plaintiff, a tenant, engaged an advocate to file a Special Leave Petition in the Supreme Court against an eviction order. The petition was dismissed as withdrawn, and the plaintiff sued the advocate for negligence and misconduct, claiming damages. The plaintiff died during the suit, and his legal representatives so…

The Calcutta Youth Front and its president filed a contempt petition under the Contempt of Courts Act, 1971, alleging that the State of West Bengal, municipal officials and the lessees of an underground air‑conditioned market had violated the Supreme Court's order of 18 August 1987 which permitted the market’s construc…

The case arose from a violent riot in which Laisal Haque and others entered an oil mill, opened fire and caused the death of Gulam Rabbani and injuries to several others. The Additional Sessions Judge convicted sixteen of the forty‑two accused under sections 148, 302 and 324 of the IPC, while acquitting the remaining t…

The Supreme Court examined challenges by several textile mills manufacturing rayon and nylon yarn to the fee imposed by the Textiles Committee under Rule 21 of the Textile Committee Rules, 1965 (made under s.22 of the Textile Committee Act, 1963). The mills argued that the fee was unconstitutional because the Committee…

The husband filed a suit for dissolution of marriage under Section 13(1)(iii) of the Hindu Marriage Act, alleging that his wife suffered from schizophrenia so severe that cohabitation was unsafe. The trial court granted a decree of divorce, but the Allahabad High Court reversed it, holding that the evidence did not est…

The Municipal Corporation of Delhi (MCD) sought to remove pavement hawkers, including Gurnam Kaur, from the footpath outside Irwin Hospital under the Delhi Municipal Corporation Act, 1957. A Subordinate Judge had held that the hawkers could occupy their licensed sites but could not be removed without terminating the li…

The State of Maharashtra appointed Justice B. Lentin as a one‑man Commission of Inquiry to investigate the death of 14 patients at J.J. Hospital. The Commission found the appellant, Dr. Baliram Waman Hiray, gave contradictory evidence and issued a show‑cause notice for perjury under s.193 IPC read with s.340 CrPC, dire…

Jiyajeerao Cotton Mills Ltd. entered into a supply agreement with the Madhya Pradesh Electricity Board, but due to electricity scarcity the State issued two orders in 1975: a Regulation Order limiting consumption and imposing penal rates for excess use, and a Generation Order requiring consumers with captive power to g…

The State of Uttar Pradesh charged Krishna Gopal and an associate with murder under IPC sections 302 and 34. The trial court convicted them based on two eye‑witnesses and the deceased's statements recorded as dying declarations, accepting that the victim remained conscious long enough to make those statements. The Alla…

The plaintiff, a former partner, sued his brothers for dissolution of a partnership and for accounts, alleging they had excluded him and falsified a partnership deed. He valued the suit at a nominal Rs.150 (Rs.50 each for declaration, accounts, and profit) and paid the corresponding court fee. The defendants contended …

The Rajasthan State Electricity Board entered into a 1961 agreement with Delhi Cloth Mills to supply bulk electricity at a concessional rate, subject to a review clause (cl.18) and a provision that the agreement was subject to future legislation (cl.34(b)). The Board later imposed a 15% general surcharge and, invoking …

The husband of the petitioner, Madhava Rao, was detained under Section 3 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 for allegedly diverting levy cement meant for railway construction to private works. The petitioner challenged the detention through a writ petition…

The appellant, a former ruler of Patadi, claimed that two temples he managed were private family property, not public trusts. The Deputy Charity Commissioner, under the Bombay Public Trusts Act, 1950, deemed them public temples and public religious trusts, a finding upheld by the Charity Commissioner and the Gujarat Hi…

A supervisor of the Karnataka Electricity Board discovered that the respondent had tampered with the electric meter to avoid recording consumption and lodged a complaint with the police. The trial magistrate acquitted the respondent, holding that the supervisor was not authorized under section 50 of the Indian Electric…

B.C. Bansal was arrested on 2‑4‑1987 for allegedly directing illegal foreign exchange remittances and was kept in judicial custody until 13‑4‑1987. On the same day his bail was granted, the authorities issued a detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activi…

Earabhadrappa, alias Krishnappa, was employed as a domestic servant in Karnataka and on the night of 21-22 March 1979 strangulated his employer's wife, Bachamma, and robbed her of gold ornaments and silk sarees. He absconded and was apprehended a year later, after which he made a statement that led police to recover th…

The respondent, an Assistant Sub‑Inspector, was caught taking a bribe and was investigated and charge‑sheeted in a criminal trial. He challenged the framing of charges on the ground that the investigation violated Rule 16.38 of the Punjab Police Rules. The High Court held the rule to be mandatory and applicable to crim…

The appellants' land was acquired for an Aviation Research Centre and the Collector initially awarded Rs 2,000 per acre as compensation. The Subordinate Judge enhanced it to Rs 15,000 per acre, but the Orissa High Court reduced the amount to Rs 7,500 per acre, reasoning that the State’s concessional sale of nearby indu…

The Supreme Court considered claims for gratuity by 85 permanent and 25 badli employees of Laxmi Vishnu Textile Mills who sought payment for every year of service irrespective of whether they had worked at least 240 days. The employer had paid gratuity only for years in which the employees were actually employed for 24…

Bhagwan Dass Jain, an assessee under the Income‑Tax Act, 1961, challenged the inclusion of a notional amount under section 23(2) for his self‑occupied house, arguing that no real income was derived and that the levy was in substance a tax on the building falling under Entry 49 of List II, which Parliament could not imp…

A complaint was lodged by a Special Railway Magistrate against two Delhi Police officers, Balbir Singh (Sub‑Inspector) and Ram Shankar (Constable), alleging that they tampered with search memos by adding a signature after the documents were in the court's custody. The issue before the Supreme Court was whether prosecut…

Bharat Coking Coal Limited filed a contempt petition alleging that Ram Nath Singh and his son, after the Supreme Court ordered maintenance of the "status quo as in the High Court" on 19‑12‑1986, deliberately concealed this order, approached the Patna High Court and obtained a favourable order on 3‑1‑1987 to lift sludge…

Pollonji Darabshaw Daruwalla, a customs appraiser, was searched and found to possess assets allegedly disproportionate to his known income for the period 1‑April‑1958 to 31‑Dec‑1968. He was convicted under the Prevention of Corruption Act, 1947 (s.5(1)(e) read with s.5(2)) for criminal misconduct, but the High Court ac…

The Kerala High Court had recommended a panel of five advocates for direct recruitment as District Judges and the Governor, acting on the Council of Ministers' advice, initially decided to appoint them but later withdrew the decision citing lack of representation of certain communities. The High Court issued a writ of …

M. Mitra transferred his publishing and printing businesses to two newly formed companies in 1953. He instructed that the shares be allotted to his wife, three sons, brother‑in‑law and an ex‑employee, but the consideration for the shares was paid entirely by Mitra. After Mitra's death in 1957, the estate duty return fi…

The auction of a judgment-debtor's property was held on 26 July 1985 and the highest bid was accepted. The judgment-debtor deposited the bid amount on 29 August 1985 and filed an application under Order XXI Rule 90 to set aside the sale, followed by another application under Rule 89 on 6 September 1985 with the balance…

The appellant, Om Prakash, was placed ex parte in a suit for specific performance of an agreement to sell a small piece of land. He filed several applications to set aside the ex parte order, but they were dismissed as unsigned or time‑barred. The trial court decreed specific performance based on the plaintiff’s witnes…

The appellant, a liquor broker in Gujarat, was arrested for importing foreign liquor from Rajasthan and later detained under the Gujarat Prevention of Anti‑Social Activities Act, 1985, sub‑section 2 of s. 3, to prevent him from acting prejudicial to public order. He challenged the detention on grounds of procedural vio…

Anandilal and others, the original decree‑holders, had obtained a decree against the respondents which was affirmed by the High Court. During the pendency of the appeal, the High Court stayed execution of the decree under Order XLI, r.5 of the CPC, but only the sale of the attached properties was stayed, not the attach…

The appellant, an occupant of two plots of land, had earlier contracted to purchase the land from the former Girasdar, whose agreement required the Girasdar to obtain permission to convert the agricultural land into a village site before a sale deed could be executed. The appellant later entered into a second agreement…

In Om Prakash v. Bhagwan Das, the landlord (appellant) sought eviction of the tenant under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide need for the premises and offering the tenant a reasonably suitable alternative accommodation. The Prescribed…

Vidya Prakash, a soldier in the Indian Army, was dismissed after being found guilty of being absent without leave by a summary court‑martial convened by his corps Commanding Officer, Major P.S. Mahant. He challenged the dismissal, contending that the Commanding Officer was not competent to preside over a summary court‑…

The Supreme Court considered two appeals by Dr. Ajay Pradhan and Dr. Sanjay Kumar Shrivastava who sought admission to postgraduate medical seats that became vacant towards the end of the 1986-87 academic year. Both relied on Rule 10 of the Madhya Pradesh Selection for Post‑Graduation Courses Rules, 1984, which states t…

The appellant, a leprosy inspector, had an illicit relationship with Jayasambal, the wife of a doctor, which was terminated after their daughter discovered it. Aggrieved, the appellant watched a violent film and later attacked Jayasambal's house, killing her and her 12‑year‑old son and grievously injuring her daughter.…

The appellant entered into a 1951 deed of exchange with the State of Rajasthan for a plot swap, but the State failed to deliver the exchanged plot. The appellant sued for possession and compensation; interrogatories revealed the exchanged plot had been transferred to a third party and his original plot was in the Mahar…

The Andhra Pradesh Government prepared a panel under Rule 8 of the 1982 Medical & Health Service Special Rules to fill four Professor of Cardiology vacancies, counting only teaching experience after a DM qualification and excluding Assistant Professors who held an MD/MRCP with two years of Cardiology training. Dr R Mur…

The State Government acquired several thousand acres of agricultural land in 1971-72 under the Land Acquisition Act, 1894. The Special Land Acquisition Officer (SLAO) awarded compensation using a multiplier of fifteen years' purchase of net annual profits, which the High Court upheld. The respondents argued that the mu…

Sushil Kumar filed a civil suit and obtained a temporary injunction based on a copy of a partnership deed. The respondent alleged the deed was forged and lodged a police report, leading the magistrate to frame charges under IPC sections 465, 468, 120B and 420 but not under 471 and 474, citing Section 195(1)(b)(ii) of t…

The case concerned the seniority of temporary Assistant Engineers in the United Provinces Service of Engineers (Buildings and Roads Branch) Class II. The petitioners, appointed temporarily between 1947‑1950 and later confirmed, claimed that their seniority should be measured from the date they became members of the ser…

Rajinder Kaur, a temporary lady constable, was discharged under Rule 12.21 of the Punjab Police Rules, 1934 on the ground that she was "unlikely to prove an efficient police officer." She contended that the order was a disguise for dismissal on misconduct, based on a secret enquiry conducted without a charge‑sheet, hea…

The case concerned Assistant Engineers in Uttar Pradesh who had been substantively appointed to temporary posts before the 1969 and 1971 amendments of the U.P. Service of Engineers Rules. They claimed that the amendments, which made seniority dependent on appointment to substantive vacancies, violated Articles 14 and 1…

The petitioner, a police inspector with an exemplary service record, was reverted to the rank of sub‑inspector on 4 January 1985, with a note that the reversion would not affect future promotion. He claimed the reversion was punitive and violative of Article 311(2) of the Constitution and filed a writ petition under Ar…

The appellants were arrested following a deadly riot and were remanded to judicial custody on July 20, 1985, with successive extensions until October 18, 1985. A charge‑sheet was filed on October 17, the 90th day of remand, and the magistrate granted bail, holding that the 90‑day limit in proviso (a) to Section 167(2) …

Fazlunbi, a Muslim woman, was deserted by her husband K. Khader Vali who obtained a divorce and paid a meager mahar of Rs.500 and iddat maintenance of Rs.750, after which the magistrate cancelled the earlier maintenance order under Section 125 CrPC. The issue before the Supreme Court was whether such payment satisfied …

The Joint Director of Mines Safety issued a notice under Sections 17 and 22 of the Mines Act, 1952, requiring Tandur & Nayandgj Stone Quarries (P) Ltd. to appoint a qualified manager after an inspection revealed that the open‑cast mine employed more than 50 persons in a day. The quarry filed a writ petition, and the An…

The Rajasthan Urban Improvement Act, 1959 authorized the acquisition of land in Jaipur for a public development scheme. A notice under s.52(2) was served on the respondents at their Calcutta office, and the land was later vested in the State of Rajasthan by a notification under s.52(1). The respondents filed a writ pet…

The petitioners sought a writ of mandamus to stop the release of 7,500 cartons of Irish butter imported for the Operation Flood programme, alleging that the butter was contaminated with radioactive fallout from the Chernobyl disaster. The Bombay High Court declined to issue such a writ, holding that the matter was tech…

The State of Bihar created a Directorate of Indigenous Medicines with a Director and three Deputy Directors (Homeopathic, Unani, Ayurvedic). Using a 50‑point roster for reservation under Article 16(4) of the Constitution, the government reserved the sole vacancy of Deputy Director (Homeopathic) for a Scheduled Caste ca…

The petitioners, who were directly recruited Section Officers in the Central Secretariat Service, challenged a 1984 amendment to Rule 12(2) of the C.S.S. Rules that required eight years of approved service as a condition for consideration for promotion to Grade I. They argued that the rule arbitrarily excluded senior d…

The State of Gujarat detained Sunil Fulchand Shah under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, on grounds that linked him to a large smuggling operation. Co‑accused filed bail applications on 2 Oct 1984 and a retraction petition on 3 Oct 1984, which the detai…

A.C. Jena, the Sarpanch of Padanipal Gram Panchayat in Orissa, was suspended and later removed from office under Section 115 of the Orissa Gram Panchayat Act, 1964, after a report by the Sub‑Divisional Officer and a notice giving him a chance to show cause. The Collector’s suspension order expressly stated that Jena’s …

The appellant, a food inspector, charged the respondents with adulterating food under s.16(1)(a) of the Prevention of Food Adulteration Act, 1954 as it stood in West Bengal after the 1973 State amendment, which prescribed life imprisonment and made the offence triable only by a Sessions Court. While the case was pendin…

The State of Maharashtra detained Bhadresh Mafatlal Shah under the COFEPOSA Act after he was caught with gold biscuits. The detention order was issued by D.N. Capoor, a specially empowered officer, who informed the detainee that he could make representations only to the State and Central Governments. The detainee’s mot…

The Supreme Court considered a writ petition challenging the detention of Shital Kumar under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The petition raised three main points: (i) whether the period of parole granted earlier should be counted towards…

The landlord appellant sought an adjournment of his appeal before the Additional District Judge, Moradabad, because his senior counsel was unavailable. The judge refused the request, granted only three days to make alternative arrangements, and then pronounced a judgment that had been prepared in advance, dismissing th…

The respondent, P.L. Kelkar, was directly recruited by the U.P. State Electricity Board as an Assistant Engineer in 1964 and was granted nine advance increments because of his prior experience, whereas other engineers received only two. The Board framed the Service of Engineers (Integration and Seniority) Regulations, …

The appellants were appointed as ad‑hoc Surveyors in Punjab with a clause allowing termination at any time without notice. After a 1980 circular promised regularisation, their services were terminated on 31‑Jan‑1981 on the ground that the posts were no longer required. They challenged the termination, alleging that the…

Two brothers sold a half‑interest in their ice factory to Saghir Ahmed, who later became an evacuee. After a decree for the balance of consideration, Ahmed's properties were attached and sold in execution; Jaswant Singh, a decree‑holder, purchased them. The Custodian of Evacuee Property sought to set aside the sale und…

The State of Bihar granted a mining lease in 1966 for mica on 80 acres of reserved forest. During mining, the lessee discovered felspar and quartz and, in 1983, the parties executed a Deed of Incorporation to include these minerals in the existing lease. The Divisional Forest Officer barred the extraction, citing Secti…

In November 1973 a dacoity occurred at Gangaram Yadav's house, resulting in the death of two brothers. The accused were arrested on 9 November 1973, but a test identification parade was conducted only on 5 March 1974, nearly four months later. Three eye‑witnesses, who were relatives of the victims, identified the accus…

Kamal Kishore Saini was detained under section 3(2) of the National Security Act, 1980 on three criminal grounds. He challenged the detention before the Allahabad High Court, which quashed the order on the ground that he was not supplied with vital documents (statements under Sec. 161 CrPC, applications of co‑accused, …

Ram Sarup, dismissed from service, filed a suit as an indigent person which was dismissed. He appealed to the Delhi High Court as a pauper under Rule 1 of Order 44, CPC, seeking permission to appeal without paying court fees. The High Court dismissed the application by a one‑word order and also rejected a subsequent re…

The Supreme Court examined the constitutional validity of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966, particularly section 7(6) which bans sale of notified produce outside the market, and section 12(1) which authorises a market fee. The petitioners argued that these provisions infringed A…

The Uttar Pradesh Pollution Control Board (the Board) refused consent to Modi Distillery's discharge of trade effluents into the Kali River because its application was incomplete and the unit lacked proper treatment facilities. After repeated notices, the Board lodged a complaint under section 44 of the Water (Preventi…

The appellants, major pharmaceutical manufacturers, challenged the Bihar Finance Act, 1981 which imposed a 10% surcharge on dealers with a gross turnover exceeding Rs.5 lakh and prohibited those dealers from passing the surcharge on to purchasers. They argued that the provision conflicted with the Drugs (Price Control)…

The petitioners, dealers under the Central Sales Tax Act, challenged the constitutional validity of sub‑section (2‑A) of section 9 of the Act (as amended in 1976) and the retrospective validation of penalties, alleging excessive delegation of legislative power and violations of Articles 19(1)(f), 19(1)(g) and 20(1) of …

The case concerned the inter‑se seniority between direct‑recruits and promotees in the Gujarat Civil Service (Deputy Collectors) after the Bombay Reorganisation Act, 1960. Direct recruits argued that promotees appointed to ex‑cadre and temporary posts between 1960‑62 were not "regularly appointed" and therefore should …