ANIL R DAVE

Virendra Krishna Mishra, an Information Officer (IO) in the DANICS cadre, challenged the Cadre Review Committee's decision to encadre only three Deputy Resident Commissioner (DRC) posts while excluding Tourist Information Officer (TIO) and IO posts, alleging violation of Article 14 of the Constitution. The Central Admi…

The Chief Minister of Haryana (Om Prakash Chautala) was suspended from office after a public complaint, leading to a departmental inquiry against a government employee. The employee challenged the suspension in a writ petition, and the High Court set aside the suspension, also criticizing the Chief Minister’s actions a…

The petitioners, students admitted to postgraduate medical and dental courses in Goa on the basis of NEET ranks, challenged the State of Goa's order cancelling their admissions after the Supreme Court had protected those admissions. The Supreme Court held that the State could not rescind the NEET‑based admissions, as t…

The Hindustan Times published an article on 20 September 2010 containing adverse and unverified information about the then Chief Justice of the Allahabad High Court, leading to contempt of court proceedings under the Contempt of Courts Act. The appellants, including Sanjoy Narayan, Editor‑in‑Chief of Hindustan, appeale…

The case concerned the promotion of constables to head constables under the Punjab Police Rules, 1934, which were amended in 1982 and 1988. The tribunal had held that constables confirmed before the 1988 amendment possessed a vested right to promotion based on seniority, and it ordered a fresh seniority list, which the…

The respondents were appointed on an ad‑hoc basis as Lower Division Clerks and later regularized. They sought selection‑grade pay from the date of their initial appointment, relying on earlier circulars, while the State Government issued circulars stating that service for selection‑grade eligibility should be counted o…

The Tamil Nadu Public Service Commission conducted a recruitment exam for Group I services. Several candidates were found to have violated the exam instructions by using prohibited colours of ink, pencils, leaving pages blank, and inserting religious symbols, which could reveal their identity to examiners. The High Cou…

The appellant and respondent No.1 both applied for the post of Anganwadi Worker in Odisha. The selection committee initially appointed the appellant, but the Sub‑Collector remanded the case on 26‑12‑2009, leading to a reconsideration where the appellant again emerged as the most eligible candidate. Respondent No.1 file…

The Commissioner of Central Excise appealed against the Madras High Court’s order allowing M/s Addison & Co. Ltd. to obtain a refund of excise duty on turnover discounts claimed via credit notes. The key question was whether a refund under Section 11‑B(2) of the Central Excise Act is permissible when the duty has been …

The Lucknow K. Gramin Bank issued identical charge‑sheets to six employees. Three of them (the respondents) denied the charges, were found guilty in a departmental enquiry and were dismissed, while the other three admitted the charges later and received a reduction in pay as a ‘minor punishment’. The respondents filed …

The case concerned the acquisition of land in Village Chhapraula for planned industrial development by the Greater Noida Industrial Development Authority (GNIDA) under the Land Acquisition Act, 1894. The petitioners challenged the validity of the notifications invoking the urgency clause under Sections 4(1) and 6, alle…

The Visakhapatnam Urban Development Authority acquired land for road widening under the Land Acquisition Act, 1894, taking possession on 20 February 1982 and depositing compensation with the court. The landowners repeatedly requested withdrawal of the acquisition, leading to a series of government orders that withdrew …

Four Rajasthan co‑operative societies with substantial losses were amalgamated into Rajasthan R.S.S. & Ginning Mills Fed. Ltd. on 1 January 1993, after which the appellant sought to carry forward the accumulated losses of the amalgamated societies and set them off against its own profits under Sections 72 and 72A of th…

The Punjab State Warehousing Corporation filed a private criminal complaint under Sections 406 and 409 of the IPC alleging a shortage of rice entrusted to the respondents. The trial court had earlier exempted the complainant from personal appearance, but later dismissed the complaint in default on the ground that the c…

The appellant, elected as MLA from Moirang constituency, was challenged by the respondent on the ground that the appellant had falsely declared an MBA degree in Form 26, constituting a false declaration of educational qualification. The High Court held the false declaration to be a substantial defect and declared the a…

Manoj Deswal, a trainee Store Hand Technical in the Army Supply Corps, was absent without sanctioned leave for 108 days between April and July 2005 and was declared a deserter after a summary enquiry. He was discharged on 27 August 2005 by the Commanding Officer under Rule 13(3) of the Army Rules, 1954, as a non‑attest…

The respondent, appointed as an Inspector of Supplies on a reserved SC/ST post, was found not to belong to those categories and departmental proceedings were initiated but dropped by an order dated 16 October 1995. On 4 September 2000, the Government, through an Under Secretary signing in the name of the Governor, revi…

The respondents, claiming to reside outside the limits of Nagar Palika Thakurdwara, filed a suit seeking a permanent injunction, a declaration that they were not liable to pay house tax, and recovery of a modest tax amount of about Rs 11,006.07. The trial court dismissed the suit; the first appellate court allowed the …

The petitioner Yakub Abdulrazak Memon, whose death sentence under the TADA Act had been confirmed by the Supreme Court, filed a review petition and a curative petition challenging the order dated 9 April 2015. The curative petition was considered by a bench of the three senior-most judges, but not by the judges who had…

The petitioners sought a writ of mandamus directing the Union and other respondents to conduct the National Eligibility cum Entrance Test (NEET) for admission to MBBS courses for the 2016-17 academic year. The respondents submitted that NEET would be held in accordance with the Medical Council of India and Dental Counc…

The landlord (Mis. S.F. Engineer) sought eviction of its tenant Metal Box India Ltd. and the tenant's former employee under Section 13(1)(e) of the Bombay Rent Act, alleging unlawful sub‑letting. The trial and appellate courts held that the tenant had not part‑ed with legal possession nor received any monetary consider…

The appellant, Commissioner of Central Excise, challenged the assessee's claim that sales tax collected under the Rajasthan Sales Tax Incentive Scheme could be deducted from the assessable value for excise duty. The assessee relied on CBEC circular dated 12‑03‑1998, arguing that the retained 75% of sales tax was an inc…

Bharat Aluminium Company entered into a 1993 contract with Kaiser Aluminium Technical Services Inc. that contained an arbitration clause specifying that any disputes would be resolved under English arbitration law, while the contract itself was governed by Indian law. The arbitration was conducted in England, resulting…

The Supreme Court examined whether persons residing in illegally constructed houses (encroachers) within a cantonment area are entitled to vote in Cantonment Board elections. The Court interpreted the Cantonment Act, 2006 and its definitions of "resident" and "inhabitant", holding that only a person who maintains a leg…

The appellant was charged with murder and related offences and first sought anticipatory bail under Section 438 of the CrPC, which was rejected. The High Court later ordered him to surrender and apply for regular bail, but the Sessions Judge, misreading that order, granted bail under Section 439 without applying the st…

The respondent, a railway employee, was sent on deputation to a construction organization where he earned a higher pay scale. Upon repatriation, he was selected for a promotional post in his parent department and his pay was fixed based on the higher deputation salary, which was later found to be erroneous. The account…

The Rajasthan Agriculture University accepted a belated option from an employee (respondent No.2) to remain under the Contributory Provident Fund (CPF) scheme, although the option was submitted after the three‑month deadline prescribed in a 1991 notification. Upon retirement, the employee received CPF benefits and late…

M/s Eureka Forbes Ltd., the appellant, challenged the assessment of sales tax on its vacuum cleaners for the years 1990-91 to 1993-94, contending that the product should be taxed at the standard 8% rate. The State of Bihar, relying on Entry 81 of the Notification dated 26-12-1977 issued under Section 12 of the Bihar Fi…

The respondents were appointed as Assistant Teachers in West Bengal primary schools after obtaining a Primary Teachers' Training Institute (PTI) certificate, which they secured by inflating their marks to gain admission to the training course. Upon discovery of the fraud, the District Primary School Council issued show…

The appellant, a police officer, was summoned in a private complaint alleging assault, kidnapping and other offences while investigating a death. He moved the High Court under CrPC s.482 to quash the proceedings, contending that the magistrate could not take cognizance without prior sanction from the State Government u…

Dravya Finance Pvt. Ltd., a non‑banking finance company, accepted life‑insurance policies as collateral through assignment by borrowers. The Life Insurance Corporation (LIC) issued circulars restricting such assignments, which were quashed by the Bombay High Court, but no interest was awarded. LIC appealed, and this Co…

The appellant, a retired CRPF Commandant, was alleged to have been involved in the loss of arms and the supply of contraband ganja while in service. Earlier disciplinary proceedings were quashed by the High Court, but the authority later issued fresh memoranda of charges in 2008 and 2009 after obtaining presidential sa…

Kay Kay Industries claimed a deemed MODVAT credit of Rs.77,546 in March 2000 based on invoices from its input supplier, who later was found not to have paid full excise duty for the period covered. The Revenue issued a show‑cause notice, disallowed the credit and imposed a penalty, which was upheld by the adjudicating …

Arbind, a headmaster, was suspended pending a departmental enquiry and was required to remain at the headquarters. His salary and subsistence allowance were not paid, forcing him to leave the headquarters due to poverty, after which he missed the enquiry and was dismissed ex‑parte. He challenged the dismissal; the High…

The Supreme Court issued clarifications to its earlier interim order dated 18 September 2014 concerning admissions to private medical colleges. It held that the order also applies to institutions that sought an increase in intake capacity but were denied permission after any renewal or inspection in the current academi…

The State of Assam advertised for the post of Gaonburah and appointed Kandarpa Sarma after a selection committee evaluated candidates on suitability. Rajeshwar Das, the nephew of a former Gaonburah, appealed under executive instruction para 162, and the Deputy Commissioner set aside Sarma's appointment, directing Das's…

The appellants challenged two land acquisition notifications issued under the Land Acquisition Act, 1894 for the construction of a road (Missing Link‑II) and a residential urban estate in Ludhiana. They argued that a large portion of the land was intended for commercial development, a purpose not disclosed in the notif…

The Supreme Court examined whether Section 23 of the Travancore‑Cochin High Court Act, which provides that a Chief Justice must refer a matter to a third judge when two judges of a division bench disagree, survives the repealing provision of Section 9 of the Kerala High Court Act and whether it is a special provision t…

Uniflex Cables Ltd., a manufacturer of insulated wires, claimed exemption from central excise duty under Notification 205/88 (as amended) on the ground that its cables were specially designed for wind‑mills. The Revenue authorities rejected the claim, asserting that the cables were neither parts nor specially designed …

Petitioner P. Parthasarathy owned about 2 acres of land in Kengeri, Karnataka, which the State sought to acquire for the Bangalore‑Mysore Infrastructure Corridor project under the Karnataka Industrial Areas Development Act, 1966. After a preliminary notification under s.28(1) and no objection from the petitioner, a fin…

The Supreme Court examined a dispute over the transfer of shares of Jai Mahal Hotels Pvt. Ltd. after the death of Late Maharaja Jagat Singh, who had bequeathed his shares to his mother Gayatri Devi (GD). GD and the grandchildren (the DR Group) obtained a succession certificate and GD executed a transfer deed and a will…

The Supreme Court examined whether Maharana Pratap University of Agriculture and Technology, an autonomous body under the Rajasthan Agricultural University Act, could unilaterally alter its retirement benefits scheme from a Contributory Provident Fund to a pension scheme without the Chancellor's (Governor's) assent as …

Bajrangi Rabidas joined a private colliery in 1970 as Mining Sirdar, his date of birth being recorded as 2‑April‑1946 in the service book and Form ‘B’. Later he claimed his true date of birth was 2‑April‑1948, relying on a Matriculation Certificate that he had not produced at the time of appointment, and sought rectifi…

In 1983 a junior employee (Madhav Singh Tadagi) was given an ad‑hoc promotion to a Group II post, while senior employees were later promoted on a regular basis. The seniors filed a petition in 2003 before the Uttarakhand Public Services Tribunal seeking notional promotion with effect from the junior's ad‑hoc promotion …

The appellant, an Executive Engineer in Jammu and Kashmir's Rural Engineering Wing, was prematurely retired on the recommendation of a High Powered Review Committee that alleged he owned assets disproportionate to his known income and had issued back‑dated technical sanctions. The appellant challenged the retirement, a…

The Bihar Hill Area Lift Irrigation Corporation (BHALCO), a government company of Bihar, was transferred to the newly created Jharkhand Hill Area Lift Irrigation Corporation (JHALCO) after the bifurcation of Bihar under the Bihar Reorganisation Act, 2000. Employees of the erstwhile BHALCO filed writ petitions seeking a…

Ucchab Lal Chhanwal, a Rajasthan Police Service officer, was penalised with a censure in 1992 which barred his promotion for the 1996‑97 vacancy. He filed a writ petition seeking quash of the penalty and promotion. The High Court set aside the censure and ordered his promotion, but the Division Bench later set aside th…

The appellant's land was acquired under the Land Acquisition Act, 1894 and an award was passed determining a market value. The appellant challenged the award, and the reference court enhanced the market value, granted a 30% solatium, a 12% annual increase, and interest of 9% (later 15%) on the total amount. While the e…

The Supreme Court affirmed the conviction of Sushil Ansal, Gopal Ansal and H.S. Panwar under IPC sections 304‑A, 337, 338 read with s.36 and s.14 of the Cinematograph Act, 1952 for the Uphaar cinema fire. The issue before the Court was the appropriate quantum of sentence, given the statutory maximum of two years’ rigor…

The case concerned the election of a member to the Dental Council of India under the Dentists Act, 1948 and the Dental Council (Election) Regulations, 1952. Respondent No.1, Shaji K. Joseph, was denied inclusion in the electoral roll and his nomination was rejected; he challenged the rejection in the Kerala High Court,…

The State of Uttar Pradesh promoted a lecturer to Reader on 16‑08‑2005 and gave him seniority from that date, while ten other promotees in a different service rule received retrospective seniority from the date the vacancy arose. The promotee claimed that he was discriminated against under Article 14 and sought seniori…

The employee was initially appointed as librarian in 1964 but was terminated for a year of unauthorized absence and later re‑appointed on a temporary basis in November 1967. He repeatedly made representations seeking seniority to be counted from his original appointment, all of which were rejected, and finally filed a …

The Supreme Court examined the disapproval of applications by the Central Government and the Medical Council of India (MCI) for new medical colleges, increase in MBBS seats, and renewal of existing permissions for the 2014‑15 academic year. The Court held that before any adverse decision under Section 10A of the Indian…

The Supreme Court considered appeals against a Nagpur High Court order directing the exhumation of a saint's body that had been buried without permission on school premises. The appellants argued that Islamic law (fatwas) prohibited exhumation and that the High Court lacked jurisdiction, contending the matter should be…

The Supreme Court examined a dispute where Mahindra & Mahindra Ltd. sought exemption from Uttar Pradesh sales tax on tractors, arguing that the exemption should be based on engine capacity (1800 CC) as per Central Government excise notifications. The Uttar Pradesh government had issued a sales‑tax notification exemptin…

The partnership firm Gotan Limestone Khanji Udhyog held a mining lease in Rajasthan and converted into a private limited company, obtaining State permission to transfer the lease. The company then sold its entire shareholding to Ultra Tech Cement Limited for Rs 160 crore, effectively transferring the lease without stat…

Three Italian tourists were accused of murdering their fellow tourist in a hotel room in Varanasi. The trial and appellate courts convicted them under Sections 302 and 34 of the IPC based on circumstantial evidence, including alleged motive, post‑mortem findings of strangulation, and the claim that they remained in the…

The Supreme Court dismissed appeals and writ petitions filed by employees of the National Water Development Agency (NWDA) and Jawahar Navodaya Vidyalaya Samiti (JNVS) who sought to be covered under the Office Memorandum (O.M.) dated 1‑May‑1987 and the Central Civil Service (Pension) Rules, 1972. The Court held that NWD…

P. Gunasekaran, a Deputy Office Superintendent in Central Excise, was dismissed after a departmental inquiry found him guilty of falsifying attendance records and impersonating an executive officer. Although he was later acquitted of related criminal charges, the Central Administrative Tribunal (CAT) upheld the dismiss…

Daljit Kaur and Anr. filed a suit seeking declaration that certain agreements were industrial licences. During the suit the parties entered into a compromise, which the plaintiff later disputed. The trial court recorded the compromise and, after conducting an enquiry into its validity, passed a decree based on the comp…

The Supreme Court upheld the conviction of cinema owners Sushil Ansal and Gopal Ansal for negligence that caused the death of 59 persons in the Uphaar cinema fire, finding them guilty under IPC sections 304A, 337, 338 read with 36. The Court affirmed a sentence of two years' rigorous imprisonment for each accused. Howe…

The Supreme Court examined the sentencing of A‑15 Harsarup Panwar, the cinema owner held responsible for the 1997 Uphaar fire that killed 59 people. The Court affirmed his conviction under IPC sections 304A, 337, 338 and 36. It imposed one year of rigorous imprisonment but, considering his advanced age and ill health, …

The petitioners, producers of the film "Aarakshan", challenged the Uttar Pradesh Government's order suspending the film's exhibition under Section 6(1) of the Uttar Pradesh Cinemas (Regulation) Act, 1955, arguing that the power to suspend could be exercised only when a film is already being publicly exhibited and that …

The Supreme Court dealt with contempt petitions filed by SEBI against Sahara India Real Estate Corp. Ltd. and its promoters for failing to refund investors the amount collected through illegal Optional Fully Convertible Debentures (OFCDs). The Court noted repeated non‑compliance with its earlier orders directing the de…

The appellant, Vipulbhai M. Chaudhary, was removed as Chairperson of the Gujarat Cooperative Milk Marketing Federation Ltd. through a motion of no confidence. He challenged the removal, arguing that neither the Gujarat Cooperative Societies Act, 1961 nor the Federation's bye‑laws contain a provision for such removal. T…

The parties were partners in a firm and a civil suit was filed concerning partnership property. The partnership deed contained an arbitration clause, but the civil court, after hearing the parties, held that it had jurisdiction to try the suit and declined to refer the matter to arbitration under Section 8(1) of the Ar…

Arcot Textile Mills Ltd, a sick industrial unit, paid arrears of Employees' Provident Fund contributions but was later served a demand notice for interest under Section 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act. The company challenged the demand, contending that an appeal against a standalon…

The case arose from a partition suit filed in 1978 where defendants No.5 and No.12, in their 1979 written statements, admitted that they had no right, title or interest in the family property, having renounced any claim. After about 25 years they sought to amend their written statements to withdraw those admissions, an…

The Supreme Court was approached by several private medical colleges whose recognition for the 2014-15 academic session had not been renewed, risking a large number of vacant MBBS seats. The petitioners argued that defects identified in earlier inspections had been remedied and sought permission to admit students. The …

Suresh was appointed as a peon on a daily‑wage basis on 1 July 1994 and was terminated on 4 March 1996 without any retrenchment compensation. He approached the Labour Court, which ordered his reinstatement with continuity of service but without back wages; the High Court affirmed this award. The employer appealed to th…

The appellant Union of India sought recovery of MODVAT credit wrongfully claimed by Maharaja Shree Umaid Mills on high‑speed diesel (HSD) oil used as an input for electricity generation. The Central Government had withdrawn such credit by a 1995 notification and a 1997 trade notice, but the assessee still availed it. S…

Yogendra Singh Tomar, a practising advocate, contested the election for Chairman of the Bar Council of Uttarakhand. Three ballot papers were rejected by the Returning Officer, leading to the declaration of respondent No.3 as elected. Tomar filed a writ petition seeking a recount and treatment of the rejected votes in h…

The debtor defaulted on a bank loan secured by mortgage property, leading to an award for recovery and subsequent auction of the property where the appellant, P.M. Abubakar, was the highest bidder. The debtor failed to deposit the awarded amount and did not file the statutory application under Rule 38(4) to set aside t…

The Committee for Citizenship Rights of the Chakmas of Arunachal Pradesh filed a writ petition under Article 32 seeking a direction to the Union of India to grant Indian citizenship to Chakma and Hajong refugees who migrated between 1964 and 1969 and have since settled in Arunachal Pradesh. The State of Arunachal Prade…

A 17‑year‑old student suffered an 80% permanent disability in a motor accident and became bedridden, requiring lifelong care. The Motor Accident Claims Tribunal awarded the parents compensation of Rs.18,75,800 with 7.5% interest. The Andhra Pradesh High Court reduced the award to Rs.12,45,800, relying on the precedent …

The petitioners, private medical colleges, sought a direction that admissions for the 2016-17 academic session in both undergraduate and postgraduate courses be made solely on the basis of the Common Entrance Test conducted by the APDMC, and requested an extension of the examination deadline to 31 March 2016. The Court…

The Supreme Court examined whether the Hindu Succession (Amendment) Act, 2005 (sections 6(1), 6(3), 6(5)) operates retrospectively. The appellant‑appellants argued that the amendment should not apply to a daughter whose father, a coparcener, died before the Act’s commencement, contending that the amendment is prospecti…

The Uttar Pradesh Financial Corporation (UPFC) seized the assets of a defaulting borrower under Section 29 of the State Financial Corporation Act, 1951 and sold them at a public auction. M/s. Rana Girders Ltd., the highest bidder, purchased the land, building and plant‑machinery free from encumbrances, with a clause in…

The Competition Commission of India (CCI) advertised vacancies for Deputy Director (Law) and stipulated that the written test would carry 80% of the marks and the interview 20%, with minimum qualifying marks of 50% (general) and 40% (reserved) for the written test. After the written test and interview, the CCI fixed a …

The Delhi High Court, after substantially hearing an appeal, allowed the appellants to withdraw the appeal and extended the interim relief granted earlier until 10 May 2010. The appellants contended that the High Court, having become functus officio upon permitting withdrawal, could not lawfully extend interim relief o…

The Neyveli Lignite Corporation (NLC), a government undertaking, entered into an agreement with Metal Scrap and Trading Corporation Ltd. (MSTC) to dispose of its condemned plant and machinery as iron and steel scrap. Chitrahar Traders purchased the material through an e‑auction, and the acceptance letter referred to th…

The Tamil Nadu Public Service Commission (TNPSC) held an examination for state services, after which certain candidates were selected. Allegations of irregularities in marking answer books led to a petition in the Madras High Court challenging the appointments. The High Court dismissed the petition, but on appeal order…

The parents of Satendra Kumar Jain, a 30‑year‑old self‑employed bachelor who died in a motor accident, claimed loss of dependency under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 6,24,000, which the Delhi High Court enhanced to Rs 12,61,800 by fixing a monthly income of …

Balaji Steel Re‑rolling Mills, a partnership engaged in manufacturing hot re‑rolled products, challenged an order of the Commissioner of Central Excise and Customs that fixed its production capacity and duty liability. The matter was remanded by the Appellate Tribunal, but on a later appeal the Tribunal dismissed the a…

Voltas Ltd. and Rolta India Ltd. entered into civil construction contracts which later gave rise to disputes and termination. The appellant invoked the arbitration clause in 2006, after which the respondent filed a counter claim of Rs.333.73 crores in 2011. The key issue was whether the counter claim was barred by limi…

The Supreme Court examined a dispute concerning J.K. Jute Mill Company Ltd., a sick industrial company under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), whose net worth had reportedly turned positive. The plaintiff sought a civil court declaration that the company was no longer a sick company, …

The plaintiff, Tribhuvansankar, purchased a property and sued the defendant, Amrutlal, under the Madhya Pradesh Accommodation Control Act, 1961 for eviction and mesne profits. The defendant denied any landlord‑tenant relationship and pleaded adverse possession, claiming 18‑19 years of uninterrupted possession. The tria…

Standard Chartered Bank granted a home loan which the borrower defaulted on, leading the bank to invoke the SARFAESI Act and sell the mortgaged property at auction. The borrower challenged the sale before the Debt Recovery Tribunal (ORT) and later before the Debt Recovery Appellate Tribunal (DRAT), which, after a four‑…

The case arose from a writ petition filed by an assistant teacher seeking enforcement of an interim order that her services not be disturbed. The managing committee of the school failed to comply with the order, leading to multiple contempt petitions. The committee later appealed the interim order and sought condonatio…

The case involved the murder of Kirori, where Mahesh and Kanhaiyalal were initially acquitted by the trial court but later convicted by the High Court under Section 302 read with Section 34 of the IPC. The appellants argued that the FIR did not mention their role, that eyewitness statements were recorded after an eight…

The Supreme Court examined a land‑acquisition case where the Haryana Urban Development Authority had notified acquisition of land for a public purpose, but a private builder, Uddar Gagan Properties Ltd., entered into agreements with farmers after the notification and obtained licences and release orders to develop a co…

The Gujarat government introduced the New Package Scheme of Incentives for Tourism Projects (1995-2000) offering tax holidays and a two‑year initial operational period extendable by two more years. Devi Multiplex obtained a temporary registration certificate in 1999 and began construction, but progress was halted by a …

The appellant, a landlord, sought to evict a tenant occupying a flat owned by his father under a licence agreement with a company that later went into winding up. While the eviction suit was pending, the appellant applied under section 446 of the Companies Act, 1956 for the court's permission to continue the suit again…

The appellants, Arasmeta Captive Power Co. and another, entered into power purchase agreements with the respondent, Lafarge India, which contained a clause (9.3) defining "billing disputes" as excepted matters to be resolved by an expert committee, and a dispute resolution clause (16.2) prescribing arbitration only if …

The appellants, assistants in the Central Secretariat Service, appeared for a limited departmental competitive examination and were placed next in merit with the same marks as a candidate who was later appointed. Six of the 184 candidates initially recommended by the UPSC did not join, and the Department of Personnel &…

The Securities and Exchange Board of India (SEBI) appealed against the Securities Appellate Tribunal’s (SAT) order that set aside penalties imposed on M/s Opee Stock‑Link Ltd. and others for illegal off‑market trading of IPO shares. The shares of Jet Airways India Ltd. and Infrastructure Development Finance Co. were ov…

The Supreme Court entertained review petitions filed against its own 18 July 2013 judgment in the Christian Medical College case. The petitioners argued that the earlier decision ignored binding precedents and was pronounced without intra‑bench discussion. The Court, invoking the principle from Sheonandan Paswan that a…

The judgment debtor sought to set aside a court‑sale of his house under Order XXI Rule 89 of the CPC but failed to make the mandatory deposit of the sale price. The executing court rejected his application and the appellate court dismissed his appeal. He then filed a writ petition, and the High Court, relying on a late…

The appellant, Sonu Gupta, alleged that a withdrawn dowry harassment complaint was tampered with and a photocopy was used to register FIR No.73/2002 against her husband and his relatives, facilitating their anticipatory bail. She filed a criminal complaint in 2010 claiming forgery of the FIR. The Judicial Magistrate, a…

The case concerned Micro Labs Ltd., which claimed deductions under Sections 80‑IA/80‑IB (infrastructure development) and also under Section 80‑HHC (export profits). The Revenue argued that Section 80‑IA(9) bars any further deduction under heading "C" of Chapter VI‑A, which includes 80‑HHC, for the same profits, while t…

The petitioners, senior public servants accused of possessing assets disproportionate to their known income under Section 13(1)(e) of the Prevention of Corruption Act, 1988, challenged the constitutionality of the Orissa Special Courts Act, 2006 and the Bihar Special Courts Act, 2009, which created special courts for s…

The appellant, a junior assistant in the Indore Regional Transport Office, was investigated for possessing property allegedly acquired through corrupt means under Section 13(1)(e) of the Prevention of Corruption Act, 1988. After the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 came into force, the Special Judge dec…

The appellant, a manager of a primary agriculture credit cooperative society, was charged under Section 13(1)(e) of the Prevention of Corruption Act, 1988 for amassing assets beyond his known income, and a sanction to prosecute was granted. The appellant challenged the sanction before the High Court under Section 482 o…

The Supreme Court was asked by the President, under Article 143, to opine on the constitutional validity of the Punjab Termination of Agreements Act, 2004, which sought to terminate the 1981 Punjab‑Haryana‑Rajasthan water‑sharing agreement and nullify Supreme Court decrees ordering completion of the Sutlej‑Yamuna Link …

The Municipal Corporation of Delhi challenged the liability of North Delhi Power Ltd (now Tata Power Delhi Distribution Ltd) to pay property tax on an 8,080‑sq‑metre plot. The dispute centered on whether the land, transferred under the Delhi Electricity Reforms Act, 2000 and its Transfer Scheme Rules, belonged to the G…

Royal Enfield (unit of M/s Eicher Ltd.) manufactured motorcycles and dispatched them to dealers outside Chennai in a packed condition, charging Rs.190 per bike as packing charges and claiming an abatement in the assessable value for excise duty. The Central Excise authorities disallowed the inclusion of these packing c…

The appeal challenges a Calcutta High Court order that upheld a writ petition against the e‑auction scheme for coal sales. The Supreme Court had earlier, in Ashoka Smokeless Coal India Ltd. v. Union of India (2007) 2 SCC 640, declared the e‑auction scheme ultra‑vio​lus of Article 14 and directed coal companies to refun…

Mis Essel Propack Ltd. manufactured plastic tubes and fitted plastic caps supplied free of cost by its customer, Colgate, before the tubes left its factory. The Commissioner of Central Excise treated the value of the caps as part of the assessable value of the tubes and levied excise duty, penalty and interest, which t…

The case involved three interconnected suits concerning a lease of property owned by a private trust: O.S.5/78 filed by the tenants challenging the trust's ownership, and O.S.6/78 and O.S.7/78 filed by the trust for arrears of rent. All three suits were tried together, resulting in a common judgment but separate decree…

Gujarat Urja Vikas Nigam Ltd. (GUVNL) appealed against the Appellate Tribunal for Electricity’s order that Essar Power Ltd. (EPL) had no contractual duty to declare its generating capacity on a 300 MW : 215 MW (58 % : 42 %) basis. The Supreme Court examined the Power Purchase Agreement (PPA) and held that the agreement…

Private unaided medical and dental colleges, along with some states, sought modification of the Supreme Court's order directing that the National Eligibility-cum-Entrance Test (NEET) be conducted for the 2016-17 academic year. The Court examined whether the NEET regulation infringed on the constitutional rights of stat…

The appellant was initially appointed as Professor on a three‑year contract in 1997 and later regularized by a Central Government order of 31 October 2006, which was applied retrospectively to his date of joining. He subsequently took up a higher post of Director on a contract basis in 2006 and, after completing that t…

B.P.L. Ltd., facing severe financial distress, sought approval of a scheme of arrangement under Section 391 of the Companies Act, 1956. Infrastructure Leasing & Financial Services Ltd. (the appellant) was a secured creditor with a hypothecation charge registered against B.P.L. but later argued that a consent arbitratio…

The wife of a deceased patient filed a consumer complaint alleging medical negligence against two doctors who had performed an operation. The doctors contended that, per the Supreme Court’s decision in Martin F. D'Souza, a complaint could not be entertained without an expert opinion, and they sought to stay the proceed…

The South Central Railway Employees Co‑Op Credit Society Employees Union challenged a High Court order that had set aside a 12 June 1998 order implementing the Supreme Court’s 13 January 1988 judgment that reservation could not be applied to promotions. The High Court held the Supreme Court judgment to be per incuriam …

Mis. Welspun Projects Ltd. entered into BOT concession agreements with the Government of Punjab for bus terminal projects at Jalandhar and Ludhiana, and executed lease deeds requiring payment of only a Rs.1 annual rent. The Municipal Corporations of Jalandhar and Ludhiana issued house‑tax notices to the company, assert…

The State Bank of Patiala had advanced a term loan of Rs.8 lakh to Mukesh Jain, who defaulted and the bank invoked the SARFAESI Act, issuing a notice under Section 13(2). Jain challenged the SARFAESI proceedings by filing a civil suit, prompting the bank to move an application under Order VII Rule 11 of the CPC asserti…

The appellant was appointed as an Assistant Teacher on a one‑year probationary basis, which was subsequently extended twice. His performance was repeatedly found unsatisfactory, and he was terminated under Rule 26 of the Uttar Pradesh Ashaskiya Arabi Tatha Farsi Madarson Ki Manyata Niyamawali. The Allahabad High Court …

The respondent, Santosh Kumar, was engaged on a contract basis as a peon and his service was terminated by the appellant on 5 July 2004. He filed a writ petition in the Allahabad High Court seeking quashing of the termination order, which was dismissed by the Single Judge. The appellant appealed, and the Division Bench…

The appellant, a Head Constable of Punjab Police, was dismissed for being absent without leave for 39 days in 1984. He challenged the dismissal in a civil suit, arguing that the later regularisation of his leave nullified the charge of unauthorized absence and that procedural defects—failure to furnish an absence repor…

The Supreme Court, recalling its earlier directions in Zorawar Singh v. Gurbax Singh Bains (2015) 2 SCC 572, noted that the State had filed a report under Section 173 of the CrPC after conducting a thorough investigation as directed, and that the Chief Secretary’s inquiry report showed compliance with the Court’s manda…

The appellants Pramod Jain and others made a hostile public offer to acquire 25% of Golden Tobacco Ltd. and later sought to withdraw the offer, alleging that SEBI’s undue delay in approving their draft letter of offer allowed the target company to siphon assets and erode its net worth, defeating the offer’s purpose. SE…

The plaintiffs filed a suit for a declaration that they were entitled to commissions and incentives from the defendant company. The defendants filed a written statement in 1994 and, in 1998, sought to amend it to claim a decree of Rs 4,19,509.43 and interest, essentially raising a set‑off claim. A single High Court jud…

The respondent, a re‑employed male nurse, claimed a special incentive increment for his wife's prior sterilisation, relying on a government policy that rewards small‑family norms. The Central Administrative Tribunal rejected his claim, citing a 2002 government policy that disallows the incentive for re‑employed persons…

The Supreme Court examined whether a drug‑manufacturing loan licencee, Cosme Pharma Laboratories Ltd, which contracts job workers to produce its medicaments, should be treated as a "manufacturer" under the Central Excise Act, 1944 and thus liable for excise duty. The Commissioner of Central Excise had issued notices tr…

Karnataka Power Transmission Corporation (KPTC), a state utility, awarded a sub‑station contract to Deepak Cables. During performance, Deepak Cables raised a claim and, after the engineer failed to decide within 30 days under clause 48 of the contract, filed an application under Sections 11(5) and 11(6) of the Arbitrat…

The Central Excise Department had registered a case against Meyer Health Care on 19 September 1998. The respondent later obtained an assignment deed for the relevant trademark on 6 October 1998 and claimed exemption under the Excise Exemption Notification on that basis. The Tribunal held that the assignment deed entitl…

The case concerned employees of five nationalised general insurance companies who had taken voluntary retirement under the 2004 Special Voluntary Retirement Scheme and later sought the benefit of a retrospective pay revision dated 21 December 2005. The employers argued that the scheme was designed to reduce future sala…

The State of Rajasthan issued a notification on 23 January 2009 amending a 2008 notification that levied an environment and health cess on mineral rights, increasing the rate for rock phosphate and applying it retrospectively from 1 April 2008. Mining lease‑holders challenged the constitutional validity of the amendmen…

The appellant husband filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, alleging cruelty by his wife who made false accusations of an extra‑marital affair, threatened suicide, and insisted that he separate from his parents. The Family Court found these acts amounted to mental cruelty…

The appellant, Ajay Kumar Das, was charged under IPC 304B (dowry death) read with s.34 for the death of his wife, who was allegedly pushed into a well by her parents‑in‑law after a telephone conversation with the appellant. The FIR implicated the parents‑in‑law and the appellant, and a charge‑sheet was filed. The appel…

Sree Balaji Medical College & Hospital sought to increase its MBBS admission capacity from 150 to 250 seats. The College had already been recognised under Section 11 of the Indian Medical Council Act, 1956 and had permission for 100‑150 seats. After an inspection report confirmed that the College satisfied all requirem…

Satya Pal Anand filed a writ petition challenging Section 3 of the Madhya Pradesh State Co‑operative Societies Act, 1960, which allows the State Government to appoint Registrars and other officers without a legal background, and also challenging the proviso to Section 77(3)(b) and Section 77(6) on the ground that they …

The Union of India appealed against Hindustan Zinc Ltd. challenging the company's claim of Modvat/Cenvat credit on inputs used to produce sulphuric acid and other chemicals that were cleared to fertilizer plants at nil duty. The issue was whether Rule 57CC of the Central Excise Rules, which mandates separate accounting…

The State of Kerala issued a policy guaranteeing new manufacturing units uninterrupted 100% electricity supply for five years, along with tariff and duty exemptions. The appellants set up steel re‑rolling and other units relying on this assurance, but experienced frequent power cuts; the State later extended the incent…

The appellant applied for the post of District and Sessions Judge (Entry Level) under the Andhra Pradesh State Judicial Service Rules, 2007 and was placed on the select list, but was not appointed because he was under 35 years of age. He challenged the decision before the High Court, which held that the 35‑year minimum…

M/s Harsha Constructions entered into a contract with the Union of India for bridge construction, which contained Clause 39 governing extra work and Clause 63 listing "excepted matters" that were excluded from arbitration. A dispute arose over the rate payable for extra work, which the contractor claimed was not finall…

The appellant, a constable in the Provincial Armed Constabulary, was found absent without permission and later forcibly seized a bottle of liquor from a wine shop while under the influence of alcohol. He was charged in a criminal case under Section 392 of the Indian Penal Code, but was acquitted. Separate departmental …

The respondent, S. Krishna Chaitanya, claimed he had sent his UPSC Civil Services Examination application by courier but did not receive an acknowledgment card, and therefore sought an interim order directing UPSC to issue an admission certificate and later to declare his result. The Central Administrative Tribunal (CA…

Advocate Mahipal Singh Rana threatened a civil judge in Etah on two occasions, leading the Allahabad High Court to convict him of criminal contempt under the Contempt of Courts Act, 1971 and impose two months' imprisonment, a fine, and a ban on appearing in Etah courts until he purged the contempt. The High Court also …

The Commissioner of Income Tax appealed against the High Court’s order that Punjab Stainless Steel Industries should not include proceeds from the sale of steel scrap in its total turnover for calculating the deduction under Section 80‑HHC of the Income Tax Act, 1961. The assessee, a manufacturer and exporter of stainl…

The deceased Diganta Sardar was killed in a bus accident in Hooghly, West Bengal, and his widow filed a claim for compensation under Section 166 of the Motor Vehicles Act before the Motor Accidents Claims Tribunal (MACT) in Kolkata, where the insurer had its business office. The Tribunal awarded Rs.16,12,200 as compens…

The appellant claimed ownership of a disputed immovable property on the basis of a registered Gift Deed dated 15‑05‑1970, asserting that Section 90 of the Evidence Act, 1872 would give a presumption of proper execution because the deed was over thirty years old. The trial court, and subsequently the High Court, rejecte…

The appeal concerned the interpretation of Section 13(2)(a) of the Consumer Protection Act, 1986 regarding the time allotted to the opposite party to file its version after a complaint is admitted. The petitioner argued that the 30‑day period could be extended beyond the statutory ceiling of 15 days, relying on the lat…

Genus Power Infrastructure Ltd., the insured, suffered fire damage and claimed under a fire policy issued by New India Assurance Ltd. The insurer assessed the loss and the parties executed a letter of subrogation on 11 March 2011, wherein the insured accepted Rs 5.96 crore as full and final settlement. Three weeks late…

The appellant, the State of Rajasthan, appealed against a High Court judgment that held a civil servant (Respondent No.1) was entitled to continue in service until the age of 58, the retirement age under the Central Civil Service Regulations, rather than the age of 55 prescribed by the Rajasthan Service Rules, 1951. Re…

The appellant, Ramakant Dwivedi, sought renewal of a minor‑minerals lease on 27 April 2013 based on a Government order dated 26 February 2013. The Allahabad High Court, in a PIL, held that the renewal violated two earlier judgments—Nar Narain Mishra v. State of U.P. (2013) and Sukhan Singh v. State of U.P. (2014)—which…

The appellants, Sulekhan Singh & Co. and others, were granted mining leases in Uttar Pradesh after the State issued a Government Order (G.O.) on 31 May 2012 requiring all minor‑mineral leases to be awarded by e‑tendering under Chapter IV of the U.P. Minor Minerals (Concession) Rules, 1963. The High Court quashed the le…

The case concerned a disciplinary proceeding against the late Virendra Lal, an Assistant Engineer of the U.P. State Electricity Board (UPSEB), who was found guilty of misconduct and ordered to have 10% of his pension deducted. The petitioner, U.P. Power Corporation Ltd., challenged the order, arguing that the Chairman …

The Himachal Pradesh State Electricity Regulatory Commission fixed electricity tariffs in 2001 and issued several directions to the Himachal Pradesh State Electricity Board. The Board did not fully comply and the Commission imposed a Rs 5,000 penalty. The Board appealed to the High Court under Section 27 of the Electri…

Lloyd Electric & Engineering Ltd. claimed a 1% concessional Central Sales Tax (CST) rate under Himachal Pradesh's 2004 Industrial Policy, which was originally applicable up to 31‑03‑2009. The Council of Ministers decided to extend this concession to 31‑03‑2013 or until CST is phased out, and the Department of Industrie…

Kanpur Jal Sansthan appealed against a High Court order that, after rejecting its Section 34 objection to an arbitral award, directed it to deposit the entire award amount while allowing the claimant to withdraw half without security. The Supreme Court held that once a Section 34 objection is rejected, the award become…

The plaintiff filed a suit against the State of Kerala without serving the statutory notice required under Section 80(1) of the CPC and sought leave to proceed under Section 80(2). The State filed applications under Order VII Rule 11 seeking rejection of the plaint, while the plaintiff’s Section 80(2) application remai…

The Union of India entered into a construction contract with M/s Bright Power Projects (I) Ltd that expressly barred any interest on amounts payable to the contractor. A dispute was referred to an arbitral tribunal, which awarded interest pendente lite from the date of reference to the date of award despite the contrac…

Essar Oil Ltd., a subcontractor of Hindustan Shipyard Ltd. (the respondent), performed work under a contract between Hindustan Shipyard and ONGC. Although ONGC sometimes paid Essar directly, the payment was made on behalf of Hindustan Shipyard and no contract existed between ONGC and Essar. A dispute over non‑payment w…

The case concerned a residential property in Kolkata owned by three co‑owners, one of whom (K) held a one‑fourth share that was not divisible by metes and bounds. The High Court had permitted K to sell her share to Javed Akhtar and Parvez Akhtar (or their nominee) and later directed her to execute a sale deed in favour…

The appellants, a group of private unaided medical and dental colleges, challenged the Madhya Pradesh Niji Vyavasayik Shikshan Sanstha (Pravesh Ka Vinimayan Avam Shulk Ka Nirdharan) Act, 2007 and the accompanying admission and fee fixation rules, alleging that the provisions on common entrance test (CET), fee regulatio…

The Mediciti Institute of Medical Sciences (MIMS) applied to the Medical Council of India (MCI) for renewal of permission to increase its MBBS intake from 100 to 150 seats for the 2015‑16 academic year. MCI inspections in December 2014 and May 2015 identified serious deficiencies in faculty, resident numbers, infrastru…

Gurcharan Singh, a former Indian Army combatant clerk, was appointed as a clerk in the Chandigarh Transport Undertaking under the ex‑servicemen quota and his pay was fixed on 2 September 1992. After his retirement, an audit revealed that the fixation was erroneous because he had exercised the option to receive the mini…

The Central Electricity Supply Utility of Odisha (CESU) appointed its Chairman, a retired officer, to also discharge the functions of Chief Executive Officer (CEO) and paid him a consolidated honorarium. A public‑interest litigation sought a writ of quo warranto to quash this arrangement and directed recovery of the ho…

Arvind Gupta filed a writ petition under Article 32 challenging the Comptroller and Auditor General of India's (CAG) power to issue performance audit reports under the Regulations on Audit and Accounts, 2007, framed pursuant to the Comptroller & Auditor General's (Duties, Powers and Conditions of Services) Act, 1971. T…

The respondents, who were Laboratory Attendants in Himachal Pradesh, filed petitions seeking to be placed in the higher pay scale of Laboratory Assistants, arguing that the nature of their work was similar and relying on the earlier Madan Gopal decision. The High Court entertained the petitions and directed the State t…

The Supreme Court entertained a public‑interest writ filed by Lok Prahari, a society of retired civil servants, challenging the Uttar Pradesh Ex‑Chief Ministers Residence Allotment Rules, 1997 which allowed former chief ministers to occupy government bungalows for life. The petition argued that the Rules contravened th…

The Supreme Court examined a dispute arising from the liquidation of Theni Co-operative Urban Bank Ltd., where depositors sought payment of amounts exceeding the Rs 1 lakh insurance limit guaranteed by the Deposit Insurance and Credit Guarantee Corporation (DICGC). The High Court had directed the Official Liquidator an…

The appellants entered into an agreement to sell their residential house on 27 December 2002 and purchased another house on 30 April 2003. A court order later restrained them from dealing with the property, preventing execution of the sale deed until the order was vacated in May 2004; the deed was finally registered on…

The appellant, a 60% hearing‑impaired candidate, secured the first merit for a Group ‘D’ non‑teaching post in a West Bengal school and was appointed, but the second‑ranked respondent challenged the appointment on the ground that the appellant had exceeded the prescribed upper age limit. The appellant claimed entitlemen…

The Supreme Court examined a dispute over a 1976 registered gift deed in which Hazi Azimuddin gifted his one‑third undivided share in a free‑hold commercial property in Jaipur to his minor son. The property was occupied by tenants, and the donor had assigned the right to collect rent to the donee. The defendants, the d…

Nano Kumar Verma, a judicial officer, was first investigated for granting bail in a serious case; after offering explanations, the High Court accepted them and closed the proceedings. Despite this, the High Court later initiated fresh departmental proceedings on the same charges, reverted him to a lower post, and subse…