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231 judgments · newest first · showing 201–231
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
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. …
Ashok Kumar challenged his preventive detention under the National Security Act, 1980, arguing that the two‑day delay in furnishing the grounds of detention violated Article 22(5) of the Constitution and that the detaining authority failed to specify the period of detention and to link the grounds …
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 …
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 …
The Uttar Pradesh Government, invoking the Essential Commodities Act, fixed a stock limit of 250 quintals for wholesale wheat dealers and issued a teleprinter instruction restricting movement of wheat without a formal order. Wholesale dealers challenged the stock limit and the movement restrictions …
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 …
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 …
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 …
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 …
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, …
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 …
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, …
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 …
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 …
The case concerned a seasonal sugar factory that paid a retaining allowance to its workers during the off‑season. The management treated this allowance as part of wages for the Employees' Provident Funds Act but not for the Payment of Bonus Act, 1965. An Industrial Court held the allowance could not …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
