AFTAB ALAM

The appellants, M.C. Gupta and Mohan Lal Gupta, were convicted for misappropriating company funds by issuing a bank draft in 1988, an offence that occurred before the Prevention of Corruption Act, 1988 came into force. An FIR was lodged in 1990 under the repealed Prevention of Corruption Act, 1947, and the trial court …

A 39‑year‑old government engineer died in a motor accident, and his wife and three children filed a claim petition under Section 11 OA of the Motor Vehicles Act, 1939. The Motor Accident Claims Tribunal awarded Rs. 2,61,800 as compensation, which the High Court enhanced to Rs. 4,70,000 by applying a multiplier of 16 an…

Shankar Shetty was engaged as a daily wager by the appellants from 1978 and worked intermittently for about seven years before being terminated in 1985. He claimed that his termination violated Section 25F of the Industrial Disputes Act, 1947, which prescribes a procedure for retrenchment of daily wagers. The Labour Co…

The Oriental Insurance Company appealed against the Commissioner for Workmen's Compensation’s order directing it to pay simple interest at 12% per annum from the date of the accident (12 July 2006) on a compensation claim. The issue before the Supreme Court was when compensation under the Workmen's Compensation Act, 19…

The plaintiff, Mis. Shiv Cotex, sued the Punjab Financial Corporation for allegedly illegal takeover of its mortgaged assets under the State Financial Corporations Act, 1951. The trial court dismissed the suit after the plaintiff failed to produce evidence on three scheduled dates, invoking Order XVII Rule 3(a) of the …

Deepak Khichi, a trader of explosive and inflammable substances, was implicated in a fire that killed 14 people and injured many others. The Sessions Court initially discharged him of charges under the Explosive Substances Act (ESA) on the ground that no sanction under Section 7 of the Act had been produced. The Distri…

Arvind Kumar Mishra, a 25‑year‑old final‑year engineering student, suffered multiple injuries and 70% permanent disability in a motor accident caused by the negligent driving of a truck. He claimed compensation under Section 166 of the Motor Vehicles Act, 1988, seeking loss of future earnings among other damages. The M…

The appellant, Mohammed Ajmal Mohammad Amir Kasab, was one of ten Pakistani terrorists who launched a coordinated attack on Mumbai on November 26, 2008, killing 166 people and injuring 238. He was convicted by the trial court on multiple charges including waging war against the Government of India, murder, and terroris…

The appellants entered into a contract to purchase a trust property, agreeing to pay an advance and the balance by a stipulated date, with a clause stating that time was the essence of the contract. They later demanded that the respondents obtain clearance from the Endowment Department under the Urban Land (Ceiling and…

Umerkhan appealed to the Supreme Court against a judgment of the Bombay High Court that had set aside the first appellate court's decree in a partition suit and restored the trial court's decree. The High Court had entertained the second appeal under Section 100 of the Code of Civil Procedure, 1908, but did not formula…

The appellant, Suneet Gupta, entered into a partnership with M/s K.M. Agencies, which later faced a dispute when the other partner joined M/s Mangla Agencies and allegedly misrepresented the firm's status to the principal, Johnson & Johnson, resulting in payment to the latter firm. Gupta filed a criminal complaint unde…

The dispute concerned the timing of the limitation period for filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award. The arbitrator gave a signed copy of the award only to the claimant, while the respondent (appellant) received an unsigned Xerox copy only af…

The Supreme Court considered CBI's appeal against the Gujarat High Court's grant of bail to former Home Minister Amitbhai Shah in the Sohrabuddin encounter case and a petition to transfer the trial out of Gujarat. The Court noted that Shah, as a minister, could potentially influence witnesses and tamper with evidence, …

Jyoti Mishra, the estranged wife of Dhananjaya Mishra, filed an FIR under Section 498-A of the IPC against her husband and five others in Hyderabad. The case was pending before the 5th Metropolitan Magistrate, Cyberabad. After moving to Indore, she filed transfer petitions (Criminal Nos. 94‑95 of 2010) seeking to shift…

The Supreme Court examined the appointment of Dr. M.S. Patil, a general‑category candidate, as Reader in the Kannada Department of Gulbarga University, a post that was expressly reserved for Group B candidates. The High Court had set aside his appointment on grounds of illegal reservation breach and alleged favouritism…

The deceased M. Hafeez was traveling on a valid ticket when he fell from a moving train and died. His family claimed compensation under the Railways Act, 1989, and the Railway Claims Tribunal awarded Rs.2,00,000, deeming the death an "untoward incident". The railway appealed, arguing the death resulted from the passeng…

Shalimar Chemical Works Ltd., the owner of the registered trade mark "Shalimar", sued Sureendra Oil & Dal Mills for infringement and sought a permanent injunction. The trial court admitted only xerox copies of the trade mark registration certificates as exhibits, marked them subject to objection, and dismissed the suit…

IFB Industries Ltd., a manufacturer of home appliances, offered trade discounts to its dealers, some of which were granted through credit notes after sales targets were met. The dispute centered on whether such discounts, not shown on the original sales invoice, could be deducted from taxable turnover under Rule 9(a) o…

Mahanadi Coalfields Ltd. (MCL) filled 51 vacancies by appointing candidates who had previously undergone apprenticeship with the company, including the appellants. The aggrieved private respondents filed writ petitions seeking quashing of these appointments and demanded that the vacancies be filled strictly according t…

Jasvir Kaur and her husband Ginder Singh, a Head Constable, were convicted under Section 420 of the IPC for cheating an informant by promising a police job and extracting Rs.70,000. Both were sentenced to two years' imprisonment and a fine. The Supreme Court entertained only the appellant's challenge to the sentence. I…

The case arose from a complaint alleging that a police encounter on 1 July 2004 was fabricated and resulted in the death of the complainant's son. The police contended that the encounter was genuine, a fact supported by FIRs, a CID inquiry, and an NHRC report. The High Court quashed the criminal proceeding against a po…

Jagdish Kaur, a Class‑IV peon, sought promotion to a Class‑III clerk post but was denied because she had not passed the Punjabi typing test at 30 w.p.m. The Punjab and Haryana High Court struck down the typing‑test requirement as illegal, prompting the State of Punjab to appeal. The Supreme Court examined whether the P…

The appellant was convicted under IPC sections 376 (rape) and 506 (criminal intimidation) based on the testimony of the prosecutrix and her husband, who alleged that the appellant had raped the woman in a factory and threatened her. Medical examination found no injuries and only semen on the victim's swabs and clothing…

The plaintiff, M.S.S. Food Products, sued the appellants for passing off, seeking a declaration and injunction over the use of the mark "Manikchand". The trial court granted an interim ex parte injunction, later proceeded ex parte after the defendants failed to appear, closed their right to cross‑examine, heard only th…

Om Prakash (Baba) was arrested after police raided a house and recovered a large quantity of charas, opium and ganja. He was convicted by the trial court and the conviction was affirmed by the High Court under Sections 8/18, 8/20(B)(ii) and 8/20(B)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985. On appe…

The Union of India and others contracted Master Construction Co. to complete works, which were finished and a completion certificate issued. The contractor submitted no‑claim certificates and signed the final bill, receiving full payment on 19 June 2000, after which it later withdrew the certificates and lodged further…

The Supreme Court examined the meaning of "close proximity" in sub‑rule (4) of Rule 5 of the Uttar Pradesh Number and Location of Excise Shop Rules, 1968, after a Lucknow High Court had held that it meant a distance of about 100 metres (300 ft) and ordered the immediate closure of liquor shops within that radius withou…

The Commissioner of Central Excise, Goa appealed the classification of 34 board‑game items manufactured by M/s Funskool (India) Ltd. The Supreme Court, relying on its earlier decision in Mis. Pleasantime Products, held that three of the items—"Snake and Ladder", "Monopoly" and "Scrabble/Upwords"—fall under Chapter 95.0…

The Haryana Urban Development Authority (HUDA) had originally allotted plots to allottees who later transferred their rights to new buyers (re‑allottees) after price revisions and delays in development. The re‑allottees filed complaints before consumer forums alleging delay in possession and seeking interest on the amo…

The appellant and the complainant, who are brothers, were involved in a pending partition suit where the appellant produced a deed that the complainant alleged was altered and forged. The complainant filed a criminal complaint under several sections of the Indian Penal Code alleging forgery and related offences. The Hi…

The Supreme Court examined an appeal by Sanjeeta Das against a decree of divorce granted by the Orissa High Court on the basis of an affidavit in which the husband, Tapan Kumar Mohanty, offered to pay Rs 10 lakh as maintenance. The husband had earlier filed a petition under Sections 13(1)(ia) and 13(1)(ib) of the Hindu…

The mother of the respondents filed an eviction suit against the father of the appellants, claiming title to a house based on a 1957 sale deed and seeking to evict the defendant as a tenant. The trial court upheld her title but dismissed the eviction because no landlord‑tenant relationship was proved; the appellate cou…

The petitioners, married on 30‑Nov‑2008, filed a dissolution suit under Section 13‑8(1) of the Hindu Marriage Act, 1955. The Delhi Family Court ordered them to wait six months before filing a second motion under Section 13‑8(2). The wife filed a writ petition under Article 32 of the Constitution seeking a decree of div…

The husband (K. Srinivas Rao) appealed against a High Court order that set aside a decree of divorce in his favour. The Supreme Court examined whether the wife’s filing of false, indecent and defamatory complaints, and multiple criminal proceedings against him and his family, amounted to mental cruelty under s.13(1)(i‑…

Narinder Kumar was charged with murdering Kola Ram after a heated exchange during a Baisakhi procession, where he allegedly returned with a 12‑bore gun and shot the victim. The prosecution relied on consistent testimony of four eye‑witnesses, corroborated by medical and forensic evidence linking the appellant to the sh…

G. Venkata Ratnam, a Technical Assistant in the Andhra Pradesh Department of Archaeology and Museums, was transferred from Hyderabad to Kakinada in 2005 after serving 20 years at the head office. He challenged the transfer before the Andhra Pradesh Administrative Tribunal, which dismissed his applications, and subseque…

The Supreme Court examined the convictions of three accused (A1‑Pratham, A2‑Pancho and A3‑Gajraj) for murder and robbery of a tractor owner. The prosecution’s case hinged on an extra‑judicial confession made by A1, five months after the incident, to a villager with no close relationship, and on the belated recovery of …

Neeta Rakesh Jain filed for interim maintenance after her husband obtained an ex-parte divorce decree. She claimed the husband earned about Rs. 2,00,000 per month, while he asserted a salary of Rs. 30,000 from his own company. The Bombay High Court, accepting the husband's claim without scrutiny, fixed interim maintena…

The appellant, HDFC, granted a loan to the borrower (defendant No.1) who executed a loan agreement, a promissory note and created an equitable mortgage. Two other defendants stood as guarantors and signed letters of guarantee. After the borrower defaulted, HDFC sued both the borrower and the guarantors, but the borrowe…

Horil filed a civil suit in the Munsif Court seeking a declaration that a decree passed by the Assistant Collector, a revenue officer, under the Uttar Pradesh Zamindari Abolition & Land Reforms Act was fraudulent because it was based on a forged compromise petition. The respondents contended that the suit was barred by…

The petitioner, Remdeo Chauhan, was convicted of murder and sentenced to death, which was later commuted to life imprisonment by the Governor of Assam after a recommendation from the National Human Rights Commission (NHRC). Relatives of the victims challenged the commutation, arguing that the NHRC lacked jurisdiction a…

The Jharkhand High Court had appointed 17 Additional District Judges (ADJs) to the regular cadre under a 2001 advertisement, but later appointed another 25 ADJs as Fast Track Court (FTC) judges using the same merit list. The petitioners, sub‑judges, challenged these later appointments as illegal, arguing that FTC posts…

Mahanadi Coalfields Ltd., a subsidiary of Coal India Ltd., sought relief from an order of the Orissa High Court directing payment of compensation for lands acquired in 1987 under the Coal Bearing Areas (Acquisition and Development) Act, 1957. The lands, belonging to tribal owners, had never been compensated despite the…

The case concerned the conviction of Sudevanand and co‑accused for an attempted murder of the Chief Justice of India, based largely on the testimony of an approver, Vikram, who later retracted his earlier statements while in jail. The appellants filed three criminal miscellaneous applications after a delay of more than…

The buyer placed a purchase order for Syrian rock phosphate and obtained an irrevocable letter of credit (LC) from State Bank of India (issuing bank) in favour of the seller. The seller presented documents to the negotiating bank, which forwarded them to the issuing bank; the bank flagged discrepancies and refused paym…

The appellants filed a claim under Section 166 of the Motor Vehicles Act, 1988 for compensation after a motorcycle accident that killed Ramniwas, and also claimed "no fault" compensation under Section 140, which was paid by the insurer. The Tribunal held that the deceased was at fault, rejected the Section 166 claim, a…

A privately owned car met with a fatal accident killing the driver and four occupants, while a fifth passenger was injured. The heirs of the deceased filed claims under the Workmen's Compensation Act and the Motor Accidents Claims Tribunal, both of which were rejected, including a denial of "no‑fault" compensation unde…

The respondent, a Group B officer of the Geological Survey of India, was subjected to a departmental inquiry under Rule 14(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, where the Inquiry Officer was a retired chief general manager taken from a panel approved by the Central Vigilance…

The tenant, D.V. Paul, was ordered by the High Court to deposit Rs.10,000 in the trial court as compensation, failing which an eviction decree would follow. He mistakenly sent a demand draft directly to the landlord instead of depositing it in court, and later sought an extension of time to make the proper deposit. The…

The Supreme Court examined massive illegal iron‑ore mining in Karnataka’s Bellary, Tumkur and Chitradurga districts, which had caused severe forest loss and financial loss to the exchequer. A Central Empowered Committee (CEC) and a Court‑appointed Joint Team surveyed 166 mining leases, categorising them as A, B or C ba…

The Supreme Court considered a writ petition filed by Orissa Mining Corporation (OMC) seeking to quash the Ministry of Environment and Forests' (MoEF) order rejecting Stage‑II forest clearance for diversion of 660.749 hectares of forest land for a bauxite mining project in the Niyamgiri hills. The Court examined whethe…

Rameshbhai Dabhai Naika, whose mother belonged to the Nayak Scheduled Tribe and father was a Kshatriya, had his tribal certificate cancelled by a Scrutiny Committee and the Gujarat High Court upheld the cancellation, relying on Valsamma Paul, Punit Rai and Anjan Kumar. The Supreme Court examined whether a person born o…

Baba Tek Singh alleged that the Union of India and other respondents were threatening his life, liberty and property and were trying to remove him from his positions in a Gurudwara and a trust. He had earlier filed a writ petition under Article 226 before the Punjab and Haryana High Court (CWP No.21234/2011) and obtain…

The State of Rajasthan appealed against a Rajasthan High Court order that quashed an FIR registered under Sections 7 and 13(1)(d)(2) of the Prevention of Corruption Act, 1988 against Dr. Rajkumar Agarwal, a junior specialist surgeon, for allegedly accepting a bribe of Rs.1,500 in a police‑led trap. The High Court had r…

The appellant, Empire Industries Ltd., locked out its Garlick Engineering factory over three demands: cessation of agitational activities, a ceiling on dearness allowance, and retrenchment of workers. The State of Maharashtra, exercising power under section 10(3) of the Industrial Disputes Act, 1947, issued an order pr…

The appellant, brother of the murder victim, challenged the Rajasthan High Court’s order granting bail to the accused, Khushi Ram Meena, in a case involving murder and related offences (IPC ss.147,148,149,364,302). The Supreme Court examined the principles governing bail under Section 439(2) of the CrPC, emphasizing th…

Abdul Ghafoor and another were convicted under Sections 323, 447 and 452 of the Indian Penal Code and sentenced to two years rigorous imprisonment, with other sentences running concurrently. Their appeal was dismissed and they filed a criminal revision petition more than fifteen months after conviction, seeking condona…

The Trust Jama Masjid Waqf No.31 (landlord) leased land on which a cinema hall was built to M/s Lakshmi Talkies (tenant) under a lease that allowed renewal upon notice and rent escalation. After the lease expired, the landlord invoked Section 29-A of the U.P. Urban Buildings (Regulation of Lettings, Rent and Eviction) …

Tata Sky Ltd. operated a Direct‑to‑Home (DTH) broadcasting service under a licence granted by the Central Government. The Madhya Pradesh Government, invoking the Madhya Pradesh Entertainment Duty and Advertisements Tax Act, 1936, issued a notification on 5 May 2008 fixing a 20% entertainment duty on payments for admiss…

The Union of India challenged a Bombay High Court order directing the release of 800 Hajj seats to private tour operators (PTOs). The Supreme Court treated the matter as a public interest litigation and examined the entire Hajj policy framework. It held that the annual framing of the Hajj policy was ad‑hoc and mandated…

The Union of India challenged the disciplinary orders imposed on railway employees, arguing that retired railway officers could not be appointed as inquiry officers under Rule 9(2) of the Railway Servants (Discipline & Appeal) Rules, 1968, and that the non‑furnishing of Central Vigilance Commission (CVC) advice caused …

The deceased Sarla suffered severe burns on 16 August 1999 and died on 19 August 1999. Three dying declarations were recorded: the first two (Ex D‑3 and Ex P‑3) were taken on the day of the incident by police in the presence of doctors, wherein she stated the fire was accidental and no one was responsible; the third (E…

Colonel Rajvir Singh, an officiating commandant at the Central Ordnance Depot, was alleged to have caused a loss of Rs.60.18 lakh through irregular procurement. The Armed Forces Tribunal ordered a General Court Martial (GCM) to be re‑assembled, but Singh contended that the GCM was barred by the three‑year limitation un…

The appellant, a retail vendor, was convicted for selling spurious liquor adulterated with methyl alcohol that caused one death and serious illness to many. The trial court sentenced him to two years rigorous imprisonment on each count; the High Court enhanced the term to five years, citing the death as an aggravating …

The appellant, a Group D luggage porter in Northern Railway, qualified for promotion to Ticket Collector (Group C) after passing written and viva‑voce tests, but was denied promotion because he was not declared medically fit in Class B‑2 under Para 510 of the Indian Railway Medical Manual (IRMM). The appellant challeng…

The Tamil Nadu Electricity Board (TNEB) had inserted Note 3 in its 1967 Service Regulations, stating that candidates holding National Trade Certificate/National Apprenticeship Certificate (NTC/NAC) recruited as Helpers could not be considered for internal promotion to Junior Assistant or Typist posts. The TNEB Thozhila…

The State of Uttar Pradesh appealed against the Allahabad High Court's acquittal of A‑1, who had been convicted by the trial court for kidnapping, wrongful confinement and rape of a minor girl. The girl, aged about 17 years, was abducted from her village, taken to a city, and forced to have sexual intercourse under thr…

The appellant, M/s Green Earth Asphalt & Power P. Ltd., filed a criminal complaint under Section 141 of the Negotiable Instruments Act alleging offences by the firm and its partners. The High Court, invoking Section 482 of the Code of Criminal Procedure, quashed the entire criminal proceeding, reasoning that the compla…

The landlord filed a petition under the East Punjab Urban Rent Restriction Act, 1949 to evict the tenant for alleged rent arrears, and the Rent Controller fixed a provisional rent and ordered payment. The tenant applied to recall that order, alleging the controller had ignored his payment records, but the controller re…

The appellant, whose husband was killed in the 2002 Gulberg Society riots, filed a writ petition under Article 226 and Section 482 CrPC seeking registration of a private complaint as an FIR and investigation by an independent agency. The High Court dismissed the petition, directing the appellant to use the remedies und…

The heirs of Prem Chand and labourer Nikku Ram filed claim petitions after a truck, owned by Jitender Gupta on the registration but possessed by Salig Ram, met with a fatal accident. The Motor Accident Claims Tribunal awarded compensation but held only Salig Ram liable, ignoring the fact that the registration still nam…

The Karnataka State Industrial Investment & Development Corporation Ltd. (the appellant) sought enforcement of a surety under Section 31(1) of the State Financial Corporations Act, 1951, filing the application before the VI Additional City Civil Judge, Bangalore. The industrial concern whose assets were pledged was loc…

The respondent, R.K. Uppal, a senior manager of Oriental Bank of Commerce, was dismissed after a departmental inquiry found him guilty of misconduct. He appealed the dismissal under Regulation 17 of the Bank's Discipline and Appeal Regulations, 1982, also seeking a personal hearing, but the appellate authority denied t…

The appellant, Shabir Ahmed Teli, was convicted of murder under section 302 of the Ranbir Penal Code for shooting his neighbour, Gani Shah, allegedly because Shah refused to give his daughter in marriage to the appellant. The trial and High Courts upheld the conviction despite a slow, shoddy police investigation that o…

Ram Deo Prasad was convicted under IPC sections 376 and 302 for raping and causing the death of his 4‑year‑old daughter, Laila Khatoon. The prosecution relied on witness statements, a post‑mortem report and the fact that the accused was seen carrying the child after the alleged abuse. The Court held that the first part…

The appellant, Rajendra Singh, a tailor, was charged under s.302 IPC for murdering Kishan Singh Rana by repeatedly stabbing him with a pair of scissors after a dispute over unstitched cloth. The trial court acquitted him, citing discrepancies in the eye‑witness statements of Makhan Singh (PW‑2) and Deepa (PW‑3). The Hi…

A complaint under Section 138 of the Negotiable Instruments Act was filed against a partnership firm and its two partners. The complainant later applied under Section 319 of the Code of Criminal Procedure to join two additional partners as co‑accused, relying solely on the firm's registration document that listed them …

The deceased, a money lender, was lured out by accused No.1 who owed him money. He was later found surrounded by four accused, including the appellant (accused No.2). The appellant picked up a piece of gobbaly tree wood and struck the victim on the head, causing fatal injuries; accused No.1 also threw a stone. All four…

The case concerned two groups of directly recruited Deputy Jailors in Uttar Pradesh – one appointed in 1991 through the Subordinate Services Selection Commission and another in 1994 through the Uttar Pradesh Public Service Commission. A seniority list issued in 1995 placed the 1991 appointees senior to the 1994 appoint…

Mohan Soni, a cart puller, lost his left leg below the knee in a motor vehicle accident and claimed compensation under section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs.2,03,400, fixing his disability at 50% based on Schedule 1 of the Workmen's Compensation Act, 1923, and the Hi…

Nishant Sareen, a Drug Inspector, was caught accepting a bribe and the Vigilance Department sought sanction to prosecute him under Section 19 of the Prevention of Corruption Act, 1988. The Principal Secretary (Health) first refused sanction, deeming the case frivolous, but later reversed the decision and granted sancti…

Soran died intestate leaving two wives, a son and three daughters. Shingari, one of the widows, had a son Man Singh from a prior marriage. Man Singh sued Shingari claiming ownership of land based on a 1978 family settlement, asserting she held a one‑fifth share after Soran's death; the trial court decreed in his favour…

Shakti Devi, the mother of a 22‑year‑old son who died in a bus‑truck collision, filed a claim under Section 166 of the Motor Vehicles Act, 1988 for compensation. The Motor Vehicle Accident Claims Tribunal fixed the deceased's monthly earnings at Rs 1,000, applied a multiplier of 8 and awarded a net compensation of Rs 3…

Infosys Technologies Ltd. owned the trademark "Infosys" in classes 7, 9 and 16. Jupiter Infosys Ltd., later renamed Jupiter International Ltd., filed applications under Sections 46 and 56 of the Trade and Merchandise Marks Act, 1958 seeking removal/rectification of those marks on the ground of non‑use and other defects…

The appellants Sunil Kundu and others were convicted of murder under IPC s.302 read with s.34 based mainly on three eye‑witnesses who were relatives of the deceased. The Supreme Court found serious inconsistencies between the eye‑witness accounts and the post‑mortem report, which showed no firearm injuries despite the …

The respondents, former security guards of the Patratu Thermal Power Station, were dismissed in 1975 and filed a civil suit in Patna in 1979 seeking reinstatement, which the trial court allowed. The Bihar State Electricity Board appealed, and the appeal was heard by the Additional District Judge, Patna, and later by th…

The Supreme Court examined a batch of Special Leave Petitions arising from orders of the Delhi and Calcutta High Courts that refused to enforce foreign arbitral awards or to award interest. The central question was whether an order that is not appealable under section 50 of the Arbitration and Conciliation Act, 1996 co…

The Supreme Court examined the Union of India's 2012 Hajj Policy, focusing on the eligibility conditions for Private Tour Operators (PTOs) such as a minimum 250 sq ft office, Rs 1 crore turnover, and a Rs 25 lakh security deposit, as well as the family‑restriction clause, the constitutionality of the Hajj subsidy, and …

The Board of Trustees of the Port of Mumbai, as landlord, sued M/s Byramjee Jeejeebhoy Pvt. Ltd. (tenant) and its sub‑tenant Wadi Sunder Cotton Press Co. for eviction on the ground of unlawful sub‑letting under the Bombay Rent Act, 1947. The trial court and the High Court held that the sub‑lease breached the lease deed…

The Supreme Court examined an appeal by Bachni Devi and her son, convicted under Section 304B of the IPC for the dowry death of the son’s wife, Kanta, who died by hanging within three months of marriage. The prosecution proved that Kanta’s death was unnatural, occurred within seven years of marriage, and that she was s…

The complainants placed orders with Rifa Healthcare (India) Pvt. Ltd. and issued demand drafts, but the company failed to deliver the goods and later issued 18 cheques that were dishonoured. The complainants filed complaints under Sections 138 and 141 of the Negotiable Instruments Act, implicating the company and one o…

The appellant, a food manufacturer, was charged under the Prevention of Food Adulteration Act after a complaint by the Local Health Authority and was acquitted by a Metropolitan Magistrate. The State sought to appeal the acquittal in the Sessions Court under Section 378(1)(a) of the Code of Criminal Procedure, 1973, wh…

Nano Kishore Mishra was selected for a Short Service Commission in the Army Medical Corps but was denied because he was placed in Medical Category SHAPE‑II due to the amputation of his left ring finger. He contended that the injury occurred while he was on duty and therefore fell under the "active service" exception in…

The Commissioner of Central Excise sought interest under Section 11AB of the Central Excise Act, 1944 on differential duty that International Auto Ltd. paid after the date of clearance of goods because the selling price was later revised upward. The assessee contended that the purchase order prices were final, there wa…

The appellant was summoned by a Chief Judicial Magistrate to give a voice sample to aid the investigation of an alleged recruitment scam. He challenged the summons on the ground that it violated Article 20(3) of the Constitution and that no statutory provision empowered a magistrate to order a voice sample. The Supreme…

The case concerned a suit for eviction and recovery of arrears of rent under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. An ex‑parte decree against the original tenant was set aside after the court found that summons had not been served, and the tenants deposited the arrears …

The landlord filed eviction suits against tenants occupying a go‑down, a shop and a kothari. The lower authority dismissed all three suits; on appeal the go‑down was ordered to be evicted while the shop and kothari were retained by the tenants. The landlord then filed writ petitions in the Allahabad High Court challeng…

The Supreme Court examined a large batch of appeals arising from land acquisition proceedings in Karnataka concerning the liability to pay interest on solatium under the Land Acquisition Act, 1894. The key issue was the interpretation of "closed execution" in Gurpreet Singh v. Union of India and whether the limitation …

The East Coast Railway conducted a type‑writing test for Chief Typist posts on 30 Oct 2006 and announced results on 22 Nov 2006. After complaints by some unsuccessful candidates about defective type‑writers, the railway cancelled the test on 14 Dec 2006 without recording any reasons. A fresh test was held on 16 Dec 200…

The dispute arose from a work contract for port services that was initially for one year and extendable for a second year, subject only to statutory wage increases for dock labourers as per Clause 2.03. The contractor claimed additional payment for wage escalations that occurred after the commencement of the extended p…

A petrol tanker collided with a truck on a highway, leaked petrol and, after a four‑hour interval, caught fire and exploded, killing 46 people who had gathered at the site. The victims' heirs filed claims for compensation under Section 110A (fault liability) and for no‑fault compensation under Section 92A of the Motor …

The appellant Daya Nano was convicted under Sections 376 r.w. and 511 of the IPC for rape and sentenced to five years' rigorous imprisonment. He was 16 years, 5 months and 19 days old at the time of the offence, but the Juvenile Justice (Care and Protection of Children) Act, 2000 came into force after the incident. The…

The appellant, Sajjan Sharma, was convicted under Section 302 IPC for the murder of Narain Kunwar in an alleged unlawful assembly that fired weapons. The FIR and the original Fard‑e‑beyan named five accused, including the appellant's father and brother, but did not name the appellant himself. He was later added in the …

The appellant, a nominee of a bank account held by his deceased mother, claimed exclusive rights over the deposit, arguing that Section 45ZA(2) of the Banking Regulation Act, 1949 made him the sole owner, thereby excluding his brother, the respondent. The Court examined the language of the provision, holding that it me…

The case arose from a triple murder and injury incident in Jind, Haryana, where six accused were tried. The trial court convicted only A‑2 under IPC s.302 and the Arms Act, acquitting the other five appellants. The High Court reversed the acquittals, convicting the five under s.148 and s.302 r.w. s.149 IPC. On appeal, …

M.C. Krishnappa, an employee of State Bank of Mysore, was found guilty of misappropriating bank funds and was initially removed from service. The disciplinary authority's order was upheld on appeal, but a reviewing authority reduced the punishment to demotion to the clerk cadre with a seven‑year bar on promotion, which…

Suba Singh and his son Shingara Singh were convicted of murder and related offences for the killing of Surinder Singh. The widow of the deceased and her minor daughter filed a civil suit under the Fatal Accidents Act, 1855 seeking Rs. 3 lakh as compensation. The trial court awarded the amount with 12% interest, which w…

Mahesh Chandra Gupta filed a writ petition challenging the appointment of respondent No.3 as an Additional Judge of the Allahabad High Court, alleging that he lacked the ten‑year practice requirement under Article 217(2)(b) of the Constitution. The Court examined whether "actual practice" or merely the "right to practi…

In a recruitment drive for Group‑D railway posts, the Railway Board ordered a re‑test after a vigilance report revealed question‑paper leakage, mass copying and impersonation. The Central Administrative Tribunal upheld the order, but the High Court set it aside using the Wednesbury principle, directing appointments bas…

The respondent, Hemant Kumar, a cashier‑cum‑clerk of the State Bank of India, was found to have misappropriated funds and was served with a charge‑sheet. He failed to appear at three scheduled dates of the departmental enquiry, sending only an unreceived request for adjournment, and the enquiry officer proceeded ex par…

The respondent's wife, a government employee, died in service, after which he received her death-cum-terminal benefits and applied for a compassionate appointment. The department rejected his application on the ground that he was not indigent, a decision upheld by the Central Administrative Tribunal. The Madras High Co…

The appellant Hari Kishan was convicted under sections 302 and 324 of the Indian Penal Code for the murder of his brother's sibling Dinesh, based primarily on the testimony of Harkesh (PW‑2), who claimed to be an eye‑witness and to have sustained injuries in the same incident. The trial and High Courts accepted his evi…

The Industrial Promotion and Investment Corporation of Orissa (the appellant) took over a foundry unit under Section 29 of the State Financial Corporation Act, 1951 and advertised it for sale on an "as is where is" basis. The respondents offered Rs.40 lakh, paid a down‑payment of Rs.8 lakh, and took possession of the u…

The Gujarat Public Service Commission (GPSC) recruited Assistant Public Prosecutors under the 2008 Recruitment Rules, which required minimum qualifying marks for both written and viva‑voce tests. The advertisement omitted the viva‑voce cut‑off, and the Commission fixed a 10‑out‑of‑30 minimum mark shortly before the int…

The case arose from a NDPS investigation where Jugal Kishore Samra (respondent) was summoned by the Directorate of Revenue Intelligence for interrogation. He alleged torture and a heart attack during the summons and obtained anticipatory bail. He then sought modification of the bail order to have his lawyer and a cardi…

The father, a watchman in Karaikal Municipality, died while in service leaving a widow and two sons. The widow did not seek a compassionate appointment for herself, and the son, who was a minor at the time of death, first applied for a compassionate appointment five years later and again after attaining majority, more …

The appellant, a cinema hall owner, and his two employees were subjected to personal searches during which police claimed to have recovered heroin (smack powder) from their possession. Samples of the seized powder were sent to the Forensic Science Laboratory, which reported the presence of diacetylmorphine, leading to …

The appellant, a patwari, was accused of demanding and accepting a bribe of Rs.400 for correcting land records, leading to his conviction under Section 161 of the IPC and Section 5(2) of the Prevention of Corruption Act, 1947. The prosecution's case relied on the recovery of the money from the appellant's pocket and th…

Manish Goel and Rohini Goel married in July 2008 and separated shortly thereafter. The husband filed an annulment suit under Section 12 of the Hindu Marriage Act in Gurgaon, while the wife filed a domestic‑violence petition in Delhi. They later filed a mutual‑consent divorce petition under Section 13‑8(1) before the De…

The landlords, Mohd. Ayub & Anr., sought eviction of tenant Mukesh Chand under Section 21 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, claiming a bona‑fide need for the premises for their unemployed sons. The lower authorities dismissed the application, relying on the landlords' …

M. Nageshwar Rao was charged with murdering his wife Laxmi Kumari by allegedly mixing cyanide into a Limca bottle and giving it to her. The prosecution relied on a confessional statement, forensic reports indicating cyanide in the victim’s organs and in an empty Limca bottle recovered from the accused’s residence, and …

The Industrial Reconstruction Bank of India (IRBI) sanctioned a loan to Jain Cables Ltd., which defaulted. After the Industrial Reconstruction Bank (Transfer of Undertaking and Repeal) Act, 1997 transferred IRBI's undertakings to the Industrial Investment Bank of India Ltd. (IIBL), the latter issued a notice under s.38…

The appellants and a third accused were caught with two cans containing 40 litres of arrack in an auto‑rickshaw and were convicted under Section 8(1) read with 8(2) of the Kerala Abkari Act. The trial court sentenced them to three years' rigorous imprisonment, a fine of Rs 1,00,000 and a default year of imprisonment fo…

The appellants, Chembra Orchard Produce Ltd. and others, filed applications under Section 391(1) of the Companies Act, 1956 seeking a court order to convene meetings of creditors and members for a proposed amalgamation scheme. The Karnataka High Court held that such applications must be heard with the parties present b…

The three appellants, Sunil Rai (alias Paua), Sher Bahadur (alias Sheru) and Ram Lal, were convicted for the murder of Dile Ram under IPC s.302 read with s.34 based on four alleged circumstances: the deceased being chased, an extra‑judicial confession by Sunil Rai, a blood‑stained jacket recovered from a rickshaw, and …

The plaintiff, a landlady, leased a shop to the tenant (defendant No.1) for a grocery business. The tenant allegedly sublet the premises to a milk vendor (defendant No.2) and failed to use the shop for its intended purpose for more than six months before the suit, as shown by electricity bills, a Court Commissioner’s r…

The petitioners, two advocates, sought a writ of quo warranto to quash the appointment of a judge of the Andhra Pradesh High Court on the ground that a criminal case was pending against him and that the consultative process had failed to consider this. The Court examined the distinction between eligibility (objective) …

The respondent, a permanent employee of Indian Overseas Bank, applied for voluntary retirement under the bank's 2000 VRS scheme. The bank rejected his application citing business and administrative exigencies. The High Court held the rejection arbitrary, directed reconsideration, and later ordered the bank to accept th…

The petitioners, representing families of alleged victims of extra‑judicial killings in Manipur, claimed that between 1979 and 2012 over 1,500 people were unlawfully killed by police or security forces, violating the right to life under Article 21. The State of Manipur and the Union of India contended that the killings…

The case concerns the murder of Murari, for which Himanshu @ Chintu (A‑2) and Shesh Bahadur Pandey (A‑3) were convicted under Section 302 read with Section 34 of the IPC. The appellants challenged the conviction on three grounds: (i) the FIR was lodged two hours after the incident, allegedly to falsely implicate them; …

The landlady sued the tenant for arrears of rent and claimed 18% interest. The plaint was returned for defects on 20‑Jan‑2000 and was not re‑presented until 20‑July‑2005, a delay of five years and six months. The trial court awarded 6% interest for the periods 9‑Sept‑1998 to 21‑Jan‑2000 and from 21‑July‑2005 to payment…

Indian Charge Chrome Ltd. sought specific performance of a contract to purchase government land. The land, originally granted to a third party, required State Government permission for transfer. The State Government refused permission, leading to a writ petition in the Orissa High Court, which set aside the refusal and…

The appellant, Bhabani Prasad Jena, filed a petition under the Special Marriage Act seeking a declaration of nullity of his marriage and claimed the marriage was unconsummated. While the matrimonial suit was pending, the wife filed a complaint before the Orissa State Commission for Women alleging torture, desertion and…

The owner of a Jeep, who also drove the vehicle, died in a road accident and his dependants filed a claim for compensation under Section 163-A of the Motor Vehicles Act, 1988. The insurer contended that the petition was not maintainable because the deceased was not a third party and the policy covered only third‑party …

The accused R. Mohan was convicted under Section 138 of the Negotiable Instruments Act for issuing a cheque without sufficient funds and was sentenced to three months' simple imprisonment and ordered to pay Rs.5 lakh compensation to the complainant A.K. Vijaya Kumar under Section 357(3) of the CrPC, with an additional …

The appellant, a husband, was charged with cruelty, dowry harassment and abetment of suicide after his wife, Girija, died by consuming poison in their matrimonial home within seven years of marriage. The trial court acquitted all accused, but the Karnataka High Court convicted the husband under Sections 498A and 306, r…

The appellant, owner of land reserved for a college under a development plan, sought release of the land after the college was disaffiliated. The land had not been acquired within the ten‑year period prescribed by Section 127 of the Maharashtra Regional and Town Planning Act, 1966, nor were any acquisition steps taken …

The appellant Vishwambhar Narayan Jadhav was attacked with acid on a bus, sustaining serious burns. He was convicted by the trial court under Section 326 of the Indian Penal Code and sentenced to three years' rigorous imprisonment and a fine of Rs.3,000. The conviction and sentence were affirmed by the Additional Sessi…

The Delhi Transport Corporation (DTC) introduced a Voluntary Retirement Scheme (VRS) in 1995 that expressly stated employees opting for the scheme would not be entitled to a pension. Mool Chand, the respondent, retired under this scheme. The Delhi High Court had held that despite the scheme's terms, the respondent was …

The case concerned the seniority of a Junior Assistant who moved from a Category‑11 post in a subordinate Commercial Tax office to a Category‑10 post in the Head of Department's office under the Andhra Pradesh Ministerial Service Rules. The employee claimed that his seniority in the new post should be counted from his …

The wife filed a complaint against her husband under IPC sections 494 and 498A. During trial the husband entered into a settlement promising to take her back despite having taken a second wife. She initially expressed willingness to live with both, but later alleged breach of the settlement and petitioned the trial cou…

National Fertilizers Ltd. (NFL) paid $38 million for urea to a Turkish company, Karsan, but never received the product. The manager of Karsan, Tuncay Alankus, was extradited to India and faced criminal proceedings. The Supreme Court, on 4 September 2006 and again on 14 December 2006, restrained Alankus from withdrawing…

The case concerned promotions in Rushikulya Gramya Bank under seniority‑cum‑merit rules. The bank issued a circular fixing a 60% aggregate mark as a benchmark for promotion, which the Orissa High Court struck down as violative of the promotion policy. The respondents challenged the select list, while the bank appealed.…

Bharat Petroleum Corporation Ltd. (the appellant) occupied land under a 1955 lease that granted a unilateral right to renew for another 25 years. After the Burmah Shell (Acquisition of Undertakings in India) Act, 1976 came into force, the appellant gave notice of renewal in October 1979 but no fresh lease deed was exec…

Sitabai Balu Dhotre claimed ownership of a small room in Pune and sued Laxmi Ram Pawar for possession, alleging Pawar was a trespasser. Pawar argued the room lay in a slum area declared under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 and that any eviction suit required prior writte…

Novartis AG sought a product patent in India for the beta‑crystalline form of imatinib mesylate (Gleevec). The patent office rejected the application on grounds of lack of novelty, obviousness and failure to satisfy the enhanced‑efficacy requirement of section 3(d) of the Patents Act, 1970. Novartis appealed directly t…

Bijivemula Subba Reddy executed a 1920 muffussil will bequeathing all his movable and immovable property to his minor granddaughter Lakshumamma, appointing his son‑in‑law Rami Reddy as executor and guardian. The will contained a defeasance clause: if the daughter Pitchamma and Rami Reddy failed to adopt a son who would…