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1966 judgments · newest first · showing 1801–1966
Tata Iron and Steel Co. Ltd. manufactured parts of locomotive wagons and rolling stock at its Growth Shop in Adityapur and transferred them to its main plant in Jamshedpur for repair and maintenance of transport equipment used within the factory. The assessee claimed exemption under Notification No. …
Harbans Kaur and Mitta Singh assaulted Sham Singh, inflicting grievous injuries that later caused his death. The victim’s father Piara Singh and wife Sito, who were relatives of the accused, testified as eyewitnesses; the FIR was lodged after a short delay. The trial court convicted the appellants …
The Tamil Nadu Service Recruitment Board reserved 10% of police constable posts for the children/wards of serving, retired, deceased or medically invalidated police personnel and ministerial staff. M. Senthil Kumar applied for a post but was rejected on the grounds of unsatisfactory performance, and …
The State of Jammu & Kashmir advertised for two lecturer posts in its Medical Education Department. Four departmental employees had earlier been given ad‑hoc promotions, pending approval by the State Public Service Commission (PSC), which was granted shortly after the advertisement. The PSC prepared …
Hari Ram, an employee of State Bank of Patiala, submitted a resignation on 7 January 2002 to be effective from 1 March 2002. He attempted to withdraw the resignation on 4 February 2002, citing illness, but the bank asked for medical proof and warned that failure to provide it would result in his …
D.C.L. Polyester Ltd., a manufacturer of polyester chips, claimed that chips spilled during bagging were "sweeping wastes" and should be classified under heading 39.15 of the Central Excise Tariff Act, 1985, attracting nil duty. The Revenue argued that the chips were primary forms of plastic under …
The appellant, A.D. Das, was charged under Sections 406, 467, 468, 471 and 420 IPC and applied to the Calcutta High Court for anticipatory bail under Section 438 of the CrPC, claiming a conspiracy against him. The High Court rejected the application, and the appellant appealed to the Supreme Court. …
B. C. Naidu was selected as a Stipendiary Cadet Trainee Police Constable but was barred from training because the authorities said he had been arrested under the IPC and the Andhra Pradesh Public Examination Prevention of Malpractice and Unfair Means Act, 1997, which he had not disclosed in the …
The State of Uttar Pradesh prosecuted Satish for the rape and murder of a six‑year‑old girl, relying on circumstantial evidence that the accused was last seen carrying the victim on a bicycle and on the recovery of both parties' undergarments. The trial court convicted Satish under sections 302, …
The State of Haryana sought leave to appeal under Section 378(3) of the CrPC against the acquittal of several accused in a case involving offences under Sections 148, 302, 452, 506, 323 and 149 of the IPC. The trial court had convicted some accused but acquitted others, holding that Section 149 IPC …
The writ petition filed by Respondent No. 1 under Article 226 challenged the Cochin Devaswom Board’s permission to an appellant society to use the Oottupura of the Sri Poornathrayisha Temple, alleging excessive charges and secret receipt‑sharing. The Kerala High Court entertained the petition and …
The appellants challenged a direction of a Single Judge of the Karnataka High Court who, while remanding a land dispute to the Ankola Taluk Land Tribunal, ordered that occupancy rights be granted to the respondents. No stay was sought, and the Tribunal proceeded to grant the occupancy rights as …
The appellant Kamesh Panjiyar was convicted under Section 304‑B IPC for the dowry death of his wife, Jaikali Devi, and sentenced to ten years' rigorous imprisonment, later reduced to seven years by the High Court. He appealed to the Supreme Court, contending that there was no live link between the …
The State of Madhya Pradesh convicted Munna Choubey and others of rape under Section 376(1) IPC and sentenced them to seven years rigorous imprisonment, with an additional five years for offences under Section 450, to run concurrently. On appeal, the Madhya Pradesh High Court reduced the sentence to …
The case involved eight accused who arrived together in a jeep, surrounded the deceased and assaulted him – one accused (R) delivering fatal knife blows while the others used hockey sticks, iron rods and pipes. R was convicted under Section 302 IPC and the remaining seven under Section 302 read with …
The State of Punjab appealed against a Punjab and Haryana High Court order that dismissed a writ petition filed by Mohinderjit Kaur, who sought family pension from the date of her husband's death. The High Court had relied on the decision in State of Punjab v. Phulan Rani, a case disposed of by a …
The appellant Mathai was convicted by the trial court and the Kerala High Court for voluntarily causing grievous hurt by using a stone, under Section 326 of the Indian Penal Code (IPC). He appealed to the Supreme Court, contending that the injury did not amount to "grievous hurt" and that the stone …
The respondent, a Principal in Kendriya Vidyalaya Sangathan, applied for earned leave with permission to go abroad which was rejected, after which he failed to report for duty for an extended period. The employer declared him absconding and terminated his services under Rule 19(ii) of the Central …
Ishwar Singh, a manager of Sadul Shahar Kray Vikray Sahakari Samiti, was compulsorily retired under Rule 244(2)(i) of the Rajasthan Service Rules. He challenged the order by filing a revision before the Additional Registrar, who held that the Service Rules did not apply and that retirement required …
The appellant, appointed on a contractual basis as an Extra Departmental Delivery Agent/Extra Departmental Mail Carrier in the Post Office, faced a criminal charge of kidnapping, for which he was initially denied bail but later released and allowed to join service. An unsuccessful candidate …
Abdul Rais and others applied to the Madhya Pradesh State Wakf Tribunal for a declaration that land listed as wakf in the Official Gazette was actually their private property. The Wakf Board opposed, arguing the appellants had no title and that the application was barred by the one‑year limitation …
The widow of a deceased government employee and her son applied for a compassionate appointment under the Department of Posts scheme. The authorities rejected the application after an enquiry found the family living together, despite a certificate from a Member of Parliament stating the employee …
The employee, Munna Lal Jain, while temporarily acting as branch manager of Damoh Panna Sagar Rural Regional Bank, withdrew Rs.25,000 without authority and later repaid it with 24% interest. The disciplinary authority dismissed him, and the High Court directed the Board to reconsider the punishment, …
Parle Biscuits Ltd., a biscuit manufacturer, sought the concessional 4% sales‑tax rate on cardboard (corrugated) boxes used for packing, a benefit previously enjoyed by its predecessor under Section 13(1) of the Bihar Finance Act, 1981. After the 1985 amendment inserting clause (e) to Section 13(1) …
The petitioner, a member of the legal profession, filed a petition styled as a Public Interest Litigation (PIL) before the Bombay High Court, alleging unauthorized constructions and seeking redress. The High Court dismissed the petition, finding no genuine public interest, noting the petitioner’s …
The Union of India appealed against a Calcutta High Court order that quashed a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against Rajen Ghosal, an exporter accused of mis‑declaring export consignments. …
The appellants challenged a Bombay High Court order that dismissed a writ petition concerning the eligibility of respondent No. 2 for the post of Chief, Town and Planning Division without giving any reasons. The Supreme Court held that a non‑speaking order violates the principles of natural justice …
The employee, Sarvesh Berry, was found by the CBI to possess assets disproportionate to his known sources of income, leading to a criminal case under the Prevention of Corruption Act, 1988 and a departmental enquiry under Hindustan Petroleum's conduct and discipline rules. Berry filed a writ …
Thangaiya was convicted of murder for striking the deceased with a small stick, causing his death. The trial and High Courts upheld the conviction under Section 302 based on eyewitness testimony, including that of a "chance witness". On appeal, the Supreme Court examined whether a single blow with a …
The appellant Israr and his co-accused Afzal were convicted for the murder of Zamil Ahmad under Section 302 read with Section 34 of the IPC. The prosecution relied on the dying declaration of the deceased and the testimony of four eye‑witnesses, who were relatives or friends of the victim, as well …
Sunita Devi filed a complaint alleging assault, attempted rape and robbery by Anuj Kumar and others. Anuj Kumar obtained anticipatory bail under Section 438 of the CrPC from the Patna High Court, which granted him an unconditional, unlimited protection. Sunita Devi appealed, contending that such …
The State of Jharkhand appealed against a Jharkhand High Court order that released a truck seized for carrying coal in a protected forest area on payment of a fine, despite the truck being ordered confiscated under Section 52(3) of the Indian Forest Act. The Supreme Court examined whether Section …
On 8 August 1997, a quarrel between the accused Babulal Bhagwan Khandare, Nandulal and others and three deceased persons (Shivaji, Madhukar and Ramesh) escalated into a violent assault with knives and a rapier, resulting in the deaths of the three victims. The accused pleaded that they acted in …
The State of U.P. appealed the acquittal of two accused who had been convicted for rape under Section 376 IPC by the trial court. The High Court set them free on the sole ground that the prosecutrix was of "easy virtues," without providing any reasoning. The Supreme Court held that a victim's …
The accused Kishan was convicted of murder under Section 304 Part‑II of the IPC and sentenced to seven years’ rigorous imprisonment. He appealed to the Allahabad High Court, seeking a lenient sentence on the ground that the offence occurred in 1988, and the High Court reduced his term to the period …
Four accused (A‑1 to A‑4) were convicted under IPC sections 326/34 and 325/34 for causing grievous hurt. The trial court sentenced A‑1, A‑2 and A‑3 to one year imprisonment and a fine of Rs.500; A‑4, being a minor, received one month imprisonment and a fine of Rs.500. The Bombay High Court reduced …
Mis. Kores India Ltd. bought jumbo rolls of typewriter/telex ribbons, cut them into standard lengths (10 m and 5 m) and wound them onto metal spools for sale. The assessee argued that this was merely processing, not manufacturing, and that excise duty had already been paid on the jumbo rolls. The …
The Tamil Nadu Government had granted an exemption from purchase tax on sugarcane to sugar mills in the cooperative and public sectors in 1975. In 1988 it withdrew the exemption for mills exceeding a turnover ceiling and made the withdrawal retrospective to April 1988. Bannari Amman Sugars Ltd. and …
The Haryana Urban Development Authority (HUDA) allotted a residential plot to an applicant who deposited earnest money. Clause‑4 of the allotment letter required the applicant to communicate non‑acceptance within 30 days or forfeit the deposit. The applicant mailed a registered notice of …
The Supreme Court examined the appeal of the accused who were convicted for dowry death after the victim, Kodimalar, was set on fire by her in‑laws. The victim gave a dying declaration identifying the accused, which was recorded by a Judicial Magistrate in the presence of a doctor who certified her …
The State of Madhya Pradesh appealed against the Madhya Pradesh High Court's decision to reduce Ramesh's conviction for murder (Section 302 IPC) to culpable homicide not amounting to murder (Section 304 Part I IPC) on the ground of self‑defence. The Supreme Court examined whether the shooting of the …
The appellants K. Hashim and another were convicted for counterfeiting US dollar notes, possession of counterfeit currency, and possession of materials used for counterfeiting under Sections 489A, 489C, 489D and for criminal conspiracy under Section 120B of the IPC. The conviction was based largely …
The case concerned the custodial death of Shambhu Tyagi after alleged police beating at Shahjahanabad police station, leading to the conviction of five police officers under Sections 304 Part I, 330 and 201 IPC. On appeal, the Supreme Court examined whether the lack of a test identification parade …
The Legal Aid Committee of Jammu & Kashmir filed a writ petition challenging the detention of a person under the Jammu & Kashmir Public Safety Act, 1978. The petition contended that the State had not complied with Section 13 of the Act, which mandates that the grounds of detention be disclosed to …
The appeal before the Supreme Court concerned the method of calculating the cost of production for excisable products under the Central Excise Act. Two questions were posed: whether excise duty paid on raw material, if modvatted, should be included in the cost of production, and whether the profit …
On 3 June 1990, a group of accused, including Saravanan (A3) and Natarajan (A4), assaulted a cyclist group, during which the deceased Nadamuni fell and sustained a head injury that was medically held sufficient to cause death. The prosecution argued there was no motive to kill, so the death did not …
The appellant was charged under Section 138 read with Section 142 of the Negotiable Instruments Act for dishonouring a cheque. The complainant sent a legal notice to the appellant, which was returned stamped "house locked". The trial magistrate dismissed the complaint on the ground that the notice …
The complainant filed a criminal complaint in 2002 alleging that the appellants had misled him about an appointment, invoking Sections 406, 409 and 418 of the IPC. The magistrate issued summons, but the appellants challenged the complaint on the ground that it was barred by the three‑year limitation …
The State of Madhya Pradesh appealed a High Court acquittal of three accused who were convicted by the trial court for murder and related offences under Sections 302, 149, 148 and 147 of the IPC. The High Court had set aside the conviction on the ground that medical evidence suggested the weapon …
The appellant, a kirana shopkeeper in Madhya Pradesh, was prosecuted under Sections 7(1) and 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 for allegedly selling adulterated besan that contained kesari dal. The trial court acquitted him, holding that the ash content was within …
The accused were stopped while transporting 18 gunny bags of poppy husk on a bullock‑cart and were charged under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court convicted them, but the Punjab and Haryana High Court acquitted on the ground that the mandatory …
Escorts Ltd. challenged a demand under Section 4(1) of the Central Excise and Salt Act, 1944, based on Rule 6(b) of the Central Excise Valuation Rules, 1975, after a show‑cause notice alleging contravention of the Excise Rules. The tribunal, relying on Ashok Leyland Ltd. v. Collector of Central …
The appellants were charged with kidnapping a minor, demanding a ransom of Rs.3 lakh and threatening the victim’s father. The trial court acquitted them, citing discrepancies in witness testimonies and questioning the credibility of certain witnesses. On appeal, the High Court re‑appreciated the …
The appellant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the High Court's reversal of an appellate decree. The High Court disposed of the appeal without formulating any substantial question of law, as required by Section 100(3)-(5). The appellant argued …
The father of the respondent, Shakti Prasad, died while employed in a government hydro‑electric project that was later transferred to the National Hydro‑Electric Power Corporation. After attaining majority, the respondent applied for a compassionate appointment, but the corporation rejected it on …
The State of Rajasthan prosecuted licensed traders Mool Chand and others for evading market duty under the Rajasthan Agricultural Produce Market Act, 1961. The trial court convicted them, sentencing them to three months' imprisonment and ordering payment of the evaded duty. The High Court set aside …
The landlords applied under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for eviction of a shop occupied by the tenant, claiming a bona‑fide requirement. The Prescribed Authority, the District Judge and the High Court all upheld the …
The deceased was poisoned with brandy allegedly mixed with a toxic substance by the first accused (A-1). The prosecution claimed that the appellant, A-2, the deceased's former wife, instigated A-1 to commit the murder, leading to convictions under Section 302 read with Section 109 of the IPC. On …
Randhir Singh and another were convicted under Section 306 read with Section 34 of the IPC for abetting the suicide of their wife, who allegedly died by self‑immolation within seven years of marriage. The prosecution proved that the accused repeatedly demanded additional dowry, threatened a second …
The appellant filed a second criminal complaint under Section 200 of the CrPC after an earlier complaint was dismissed. The High Court allowed the second complaint, but the appellant argued it was a mere repetition and that the order to issue process was an interlocutory order that could not be …
The State of Tamil Nadu detained Kethiyan Perumal under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, relying on a Forest Officer's report. The detainee's wife filed a habeas corpus petition, arguing that the report did not state that the detainee's activities were highly …
The landlord Amar Kaur filed an eviction petition under the East Punjab Urban Rent Control Act alleging that the tenant's son, Joginder Singh Sodhi, occupied the shop as a sub‑tenant without the landlord's written consent. The Rent Controller, Appellate Authority and High Court found that the …
A dispute over crop damage led the accused to surround and beat the deceased with lathis and axes, causing his death. The trial court convicted the accused under Section 302 (murder) read with Sections 149, 148 and 341 IPC. The Rajasthan High Court altered the conviction to Section 304 Part I …
Essar Oil Ltd. imported plant and machinery stored in a private bonded warehouse and, fearing a budgetary duty increase, issued a cheque on 25‑Feb‑1999 declaring sufficient funds despite knowing the funds were unavailable. The cheque was presented on 27‑Feb‑1999, returned unpaid, and only honoured …
The appellant, a landlord, owned a building in Shimla and initially evicted the tenant from the first floor in 1984. By a 1986 compromise the tenant vacated the first floor and took the ground floor. In 1993 the landlord, citing his wife's relocation and his child's education, sought eviction of the …
The case involved two brothers, Sachchey Lal Tiwari and Bachchey Lal Tiwari, who were charged with murder of two sons of Achhaiber Misra after a dispute over a field demarcation line. The trial court convicted both under s.302 IPC, sentencing Sachchey to death and Bachchey to life imprisonment. The …
Eagle Flask Industries Ltd imported plastic powder, plastic components and glass refills and paid octroi under protest, seeking a refund of the excess duty. The Talegaon Dabhade Municipal Council levied the duty under the Maharashtra Municipalities (Octroi) Rules, and the High Court dismissed the …
Ram Sukhi Devi, the widow of a part‑time tubewell operator, applied for a compassionate appointment under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying‑in‑Harness Rules, 1974. A Government Order dated 26 Oct 1998 excluded dependents of part‑time employees from such …
Respondent No.1 filed a writ petition in the Allahabad High Court seeking promotion to Principal of a Government Degree College on the basis of seniority under Rule 16 of the U.P. Higher Education (Group A) Service Rules, 1985. The High Court allowed the petition, directing his promotion. The State …
The deceased, Saista Khatoon, was the second wife of appellant No.1 (Usman Mian) and step‑daughter of appellants No.2 and No.3, who were hostile to the marriage. She was found dead on the verandah of the appellants' house with visible injuries; the appellants attempted to bury the body and fled when …
Bharat Petroleum Ltd occupied a premises under a lease that expired in 1978 and sought an extension, which the landlord refused. The landlord filed a writ petition for eviction, which the High Court allowed on the basis of Hindustan Petroleum v. Dolly Das, ignoring the tenant's rights under the …
The State acquired about 21 hectares of land owned by Indian Standard Metal Co. Ltd. (the claimant) under a notification issued on 3 February 1970 pursuant to Section 4 of the Land Acquisition Act, 1894. The claimant had earlier purchased part of the land in 1964‑65 and received a portion of the …
Associated Cement Companies Ltd., a cement manufacturer, was granted sales‑tax exemption on incremental production under Bihar's 1995 Industrial Policy (effective 1‑Apr‑1998 to 31‑Mar‑2007). The company had been adjusting entry tax paid under the Bihar Entry of Goods into Local Areas Act, 1993, …
The appellant, Gangadhar Janardan Mhatre, filed a writ petition under Article 226 seeking transfer of the investigation of a FIR in which his brother was allegedly killed. The High Court dismissed the petition, holding that the case was already before the Sessions Court and that the writ was not the …
The Supreme Court heard appeals by the Chandigarh Administration challenging several directions issued by the Punjab and Haryana High Court in a public‑interest litigation concerning air and noise pollution, traffic congestion and road safety. The High Court had treated the recommendations of a …
Suman Verma was appointed as Extra Departmental Branch Post Master (EDBPM) in 1996, satisfying the statutory qualifications of passing the Matriculation Examination and possessing agricultural land. Respondent No.6 challenged the appointment before the Central Administrative Tribunal (CAT), …
The respondent filed a suit for recovery of Rs.2,20,000 with interest against the appellant firm. After a series of decrees and execution proceedings, the appellant paid amounts but disputed that interest had been calculated twice and that interest on interest was added, and also claimed that …
The respondents were convicted of murder under IPC s.302 read with s.34 and sentenced to life imprisonment. While on trial they had been on bail and allegedly did not misuse that liberty, and later filed an application under CrPC s.389 seeking suspension of the sentence and bail. The Allahabad High …
Kunti Devi (wife) filed a criminal complaint under Section 494 read with Section 109 of the Ranbir Penal Code alleging that her husband Som Raj contracted a second marriage while the first marriage was still subsisting. The High Court, relying on Krishna Gopal Divedi v. Prabha Divedi, quashed the …
The appellants, wholesale dealers in dry chillies, stored and handled large quantities of chillies in a godown located in a residential locality. Residents complained that the loading, unloading and storage caused health problems and physical discomfort, and invoked Section 133(1)(b) of the Code of …
Three persons were travelling in an auto‑rickshaw that met with an accident, resulting in two deaths and one serious injury. The vehicle belonged to Challa Upendra Rao, who had no permit to ply the vehicle for hire or reward. The claimants filed petitions for compensation under the Motor Vehicles …
The Supreme Court examined the detention of Sanjai Pratap Gupta (Pappu) under Section 3(2) of the National Security Act, 1980. The detention order cited two grounds: his criminal antecedents and a specific incident involving murder on 13 October 2002. The High Court quashed the order, holding the …
The appellants were convicted of offences under Sections 148, 323 and 324 of the IPC and were placed on probation for two years under Sections 3 and 4 of the Probation of Offenders Act, 1958. The complainant filed an appeal under Section 11(2) of the Act challenging the propriety of the probation …
A teacher employed by Kendriya Vidyalaya Sangathan (KVS) in Jabalpur, Madhya Pradesh, was transferred to Jammu & Kashmir and challenged the order before the Central Administrative Tribunal, alleging malafides and a punitive motive, and also seeking a joint posting with his wife. The Tribunal …
Three men were tried for murder under IPC sections 302 and 34. The trial court acquitted all of them, relying on the claim of self‑defence and the prosecution’s failure to explain minor injuries on the accused. The State appealed; during the pendency two accused died and the High Court …
The appellant, Malleshi, abducted a college student (PW‑2) by deceit, threatened him and communicated a demand of Rs 4 lakh to be paid by the victim's father for his release. The demand was not conveyed to the father because the accused were arrested before it could be made. The trial court …
The State of Rajasthan charged Bhanwar Singh and five others with murder under IPC s.302 and assault under s.323. The trial court convicted Singh, sentencing him to life imprisonment, while the High Court acquitted him, finding the prosecution case unreliable. The Supreme Court examined the …
Bhagwan Das, a daily‑wages worker, claimed that he was employed continuously from 1 March 1990 to 15 July 1992 and that his termination amounted to retrenchment under Sections 25(F), (G) and (H) of the Industrial Disputes Act, 1947, which require at least 240 days of work in the preceding twelve …
The accused, a school teacher, forcibly had sexual intercourse with his 4th‑standard student, who was about 14 years old at the time, and later became pregnant. The victim lodged an FIR after a delay, leading to trial where the accused was convicted under IPC sections 376 (rape) and 506 (criminal …
The appellant was convicted under Section 3 read with Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 for allegedly violating the Madhya Pradesh Sarvajanik Purti Vitaran Scheme, 1991. The appellant argued that the Scheme does not constitute an "order" as required by Section 3, and …
The State prosecuted T. Venkatesh Murthy, a public servant, under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. Although a sanction was granted by the Superintending Engineer of the Karnataka Electricity Board, the trial court held that the sanction was insufficient under …
The Union of India appealed against a Guwahati High Court decision that held all offences under the Railway Property (Unlawful Possession) Act, 1966 to be bailable. The Supreme Court examined the proviso to Section 8(2) of the Act and clarified that it merely gives the railway officer two …
The appellants were intercepted in Surat in 1988 with 180 detonators and were charged under Section 9-B(i)(b) of the Explosives Act, 1884 and Section 5 of TADA, 1985. The trial court convicted them only under the Explosives Act, sentencing each to one year imprisonment and a fine of Rs.1,000; the …
The State of Rajasthan appealed the acquittal of IKBAL HUSSEN, whose trial for offences under the IPC had been pending for six years. The trial court had closed evidence and acquitted him based on the decisions in Raj Deo Sharma and Common Cause, which prescribed limitation periods for criminal …
The landlord filed an eviction suit under the Madhya Pradesh Accommodation Control Act, 1961 alleging default in rent, illegal sub‑letting and a bona‑fide requirement for the premises. The trial court and the first appellate court upheld the landlord’s claim of genuine need and decreed eviction. On …
Landlords filed a suit for ejectment against Smt. Sudha Rani Garg under Section 106 of the Transfer of Property Act, claiming the tenancy was at will. The tenants contended that the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 applied, which provides a ten‑year …
The appellants, Sri Narayan Saha and another, were convicted under IPC sections 376 read with 34 for raping a married woman (PW‑3). The victim reported the crime five days after the incident, and the medical examination was inconclusive due to profuse bleeding. Both the trial court and the High …
The State of Rajasthan charged Khuma with murder under Section 302 of the IPC, and the trial court convicted him based on three circumstantial points: he was allegedly the last person seen with the deceased, he was found in possession of incriminating items at arrest, and blood‑stained articles were …
The respondent, Dr. O.P. Singh, was retrenched from the U.P. State Horticultural Produce Marketing and Processing Corporation (HORTICO) when it closed in 1990 and was later appointed as Deputy Jailor with a protected last drawn pay. He claimed that the revised pay scale of Rs. 2200-4000 (effective …
Eagle Flask Industries Ltd, a manufacturer of plastic insulated wares and vacuum flasks, claimed exemption from central excise duty and licensing control under Notification 11/88 (NT) CE dated 15‑04‑1988 and Notification 53/88, which exempted certain plastic items. The company failed to file the …
The appellant, Nirmal Jeet Kaur, alleged dowry harassment and filed a criminal complaint against her husband (Respondent No.2) under Sections 498A, 506 IPC and the Dowry Prohibition Act. Respondent No.2 sought anticipatory bail under Section 438 CrPC, which the High Court disposed of, directing him …
The appellant, K. Rudrappa, sought to be recognized as the legal representative of his deceased father, who had an appeal pending for a land grant under the Karnataka Village Offices Abolition Act, 1961. Unaware of the appeal, the appellant learned of it only after receiving a letter from his …
The villagers of Kanardipura filed a suit in representative capacity under Order I Rule 8 of the CPC seeking declaration of title, permanent injunction and possession of land they claimed was grazing (Charnoi) land, not a grove. The Board of Revenue had earlier settled the land as a grove in favour …
Tilla Ram, a conductor with the Rajasthan State Road Transport Corporation, claimed he was a permanent employee and was terminated without a departmental inquiry, alleging violation of natural justice and the 'last come first go' principle. The trial court held he was a daily‑wage worker, found no …
M.A. Khan, a State Forest Department officer, claimed that his continuous officiation in senior cadre posts from 1980 to 1991 should be counted for seniority when he was appointed to the Indian Forest Service on 27 March 1992. The Union of India and the Tamil Nadu Government argued that he was not a …
The State of Bihar appealed a Patna High Court order that had found a violation of its earlier direction and had directed a fresh reconsideration of the matter. The Supreme Court held that in contempt proceedings the court's inquiry is limited to whether the earlier order, which has attained …
The appellant filed an application under Sections 11 and 15 of the Contempt of Courts Act, 1971, alleging that a single judge of the Patna High Court had failed to comply with directions issued on 30‑03‑1999. The High Court judge, while hearing the contempt application, examined the correctness of …
The State of Maharashtra appealed against the Bombay High Court's order granting bail to six accused, including Sitaram Popat Vetal, in a murder case (Section 302 IPC) concerning the death of Hanumant Vithal Chaudhary. The High Court had released the accused on the ground that they were falsely …
The Commissioner of Police, Hyderabad, detained Chinnaboina Shankar under Section 3(2) of the Andhra Pradesh Prevention of Dangerous Activities Act, citing his status as a history‑sheeter with over 30 cases and two specific incidents that created terror among the public. His wife, Smt. C. Anita, …
The accused, charged under IPC s.120‑B and the Prevention of Corruption Act, applied to the trial court for the production of eight documents. The CBI and Punjab National Bank (the appellant) claimed the documents were privileged communication under Evidence Act s.124. The trial court ordered …
A goods truck carrying passengers overturned, resulting in the death of a passenger. The claimants filed a petition under Section 166 of the Motor Vehicles Act seeking compensation. The Motor Accident Claims Tribunal and the Allahabad High Court held that the vehicle owner, not the insurer, was …
The appellants challenged the jurisdiction of a Chennai Metropolitan Magistrate to try a complaint alleging offences under Sections 498A, 406 IPC and the Dowry Act, arguing that no part of the cause of action arose within the magistrate's local area. The High Court dismissed their Section 482 …
The State of Andhra Pradesh filed a criminal complaint against Farmers Service Cooperative Society and others under Section 7(1) of the Essential Commodities Act for allegedly supplying sub‑standard zinc sulphate. The charge‑sheet was filed about two years after the alleged offence, and the …
The appellant State of U.P. challenged the Allahabad High Court's order granting bail to respondent No.2, who was accused of murdering a money‑lender under Sections 302 and 120B IPC. The High Court had granted bail on the ground that the accused's name was not mentioned in the FIR, without recording …
The landlord sued the tenant for possession of a property on the ground of unauthorised sub‑letting and obtained a decree. The tenant appealed, but died while the appeal was pending. His heirs, unaware of the appeal, learned of it only when the advocate wrote a letter and promptly filed an …
The father of the respondent, a Class IV employee of Punjab National Bank, died while in service, leaving his widow and children. The respondent applied for a compassionate appointment under the Bank's scheme, but the Bank rejected the request, stating that the family had received substantial …
The State of Orissa appealed against a single judge of the Orissa High Court who had quashed three petitions filed by the accused, Nalinikanta Muduli, under Section 482 of the CrPC, relying on the Patna High Court decision J.A.C. Saldanha (1979). The State contended that the cited decision had been …
The Karnataka High Court had earlier ordered the registration of Cyril Lasrado as occupant of a land parcel under Section 48‑A of the Karnataka Land Reforms Act, 1961. After Cyril's death, a writ petition was filed nearly 19 years later challenging that order, but the petition was filed against the …
Sanjay Kumar Jain, a Group‑C employee of Indian Railways, qualified in the written test for promotion to Group‑B but was declared medically unfit (visually handicapped) and denied the viva voce test. He challenged the denial before the Central Administrative Tribunal, which held that refusing …
The employee R.B. Sharma, a manager of State Bank of India, was suspended and faced both a departmental inquiry under the SBI Officers Service Rules and a criminal prosecution under the IPC for alleged fraud involving large sums. The employee obtained a stay of the departmental proceedings from the …
Hari Ram was convicted of murder under Section 302 read with Section 34 of the Indian Penal Code for the killing of his brother-in-law, Kundan Lal, over a land dispute. The prosecution relied on the testimony of two eyewitnesses, who were relatives of the deceased, to establish that Hari Ram …
The appellant, accused of fratricide, shot his brother from about 35 feet after a verbal quarrel over the brother's dogs. The trial court convicted him under Section 302 IPC (murder) and sentenced him to life imprisonment, a decision upheld by the High Court. On appeal, the Supreme Court examined …
The appellant, Sridhar Bhuyan, was convicted of murder under Section 302 IPC for stabbing the deceased during a quarrel over an eve‑teasing incident. The trial and High Courts upheld the conviction, but the appellant contended that the killing occurred in a sudden fight and fell under Exception 4 to …
The respondent, an Executive Engineer (Mechanical) in the Uttar Pradesh Government, was transferred from Ghazipur to Faizabad on administrative grounds while disciplinary proceedings were pending against him. He challenged the transfer as punitive, alleging it was done without a hearing and before …
The appellant, Bappa alias Bapu, was convicted under IPC Section 307 for stabbing the victim, Bibhishan, on the stomach, back and neck, causing serious injuries but not death. He appealed, contending that the injuries did not amount to an attempt to murder and that the ten‑year rigorous imprisonment …
The informant, Surjit Singh, alleged that the accused, Nahara Ram and another, fired shots at him while he was spraying his paddy field, causing injuries. The trial court convicted them under Section 326 of the IPC and Section 27 of the Arms Act, sentencing them to five years' rigorous imprisonment …
Bahadur Rama filed a suit for specific performance which was decreed by the trial court and later reversed by the High Court on a second appeal. The appellant challenged the High Court's disposal of the second appeal, arguing that the Court had not formulated any substantial question of law as …
Phulan Rani filed a writ petition seeking pension after her husband's death. The High Court transferred the petition to a Lok Adalat, which disposed of it in her favour without any compromise or settlement. The State of Punjab challenged this disposal, arguing that Section 20(3) of the Legal …
The State of Haryana appealed against the Punjab and Haryana High Court's order granting bail and suspending the life sentence of Hasmat, who had been convicted of murder (IPC s.302 r/w s.149) and related offences. Hasmat had applied under CrPC s.389 for suspension of sentence pending appeal, and …
In an election petition, the appellant sought to recall witness PW‑31 Surinder Pal Singh to confront him with a judgment from another case. The application was filed under Order XVI Rule 3 of the Code of Civil Procedure, 1908, which deals with tender of expenses to witnesses, and was rejected by the …
The State of Rajasthan appealed to the Supreme Court against a Rajasthan High Court order that refused leave to appeal an acquittal without providing any reasons. The Supreme Court held that a High Court must record reasons when refusing leave under Section 378 of the Code of Criminal Procedure, …
Four accused entered the complainant's house, threatened the occupants with a pistol and knives, and stole cash, a gold chain and a Sten gun. The victims identified the accused in court, but no test identification parade was conducted. The trial court convicted them under Sections 452, 392 and 397 …
On 13 May 1994, Excise officials seized about 12 kg of cannabis from the accused and sent a 50‑gram sample for chemical analysis four days later. The trial court convicted the accused under Section 20(b)(i) of the NDPS Act, but the Orissa High Court acquitted him, holding that the prosecution failed …
The accused were intercepted while carrying opium and were served a notice under Section 50 of the NDPS Act informing them of their right to be searched before a gazetted officer or magistrate. They declined that option and were searched by a narcotics officer, leading to the seizure of 200 g of …
The respondent, a government servant, was convicted under IPC sections 302 and 34 and dismissed from service. He was later acquitted on appeal, after which the High Court ordered his reinstatement with full back wages. The Union appealed, arguing that the department should not be liable for wages …
The victim, Krishna Jadhav, was allegedly assaulted by several accused with sticks, an axe and an iron pipe and died at the scene. The trial court acquitted the accused, finding discrepancies in the eye‑witness testimonies and questioning the investigation. The Karnataka High Court re‑examined the …
The State of Andhra Pradesh issued a notification to recruit 1,715 Excise Constables, conducting interviews and document verification. The process was halted due to an election notification and later cancelled after the state imposed total prohibition, with no selection list ever published. The …
The appellants, employed as supervisors in Railway Handicraft Centres, claimed they were railway employees and sought regularisation, pay‑scales and other benefits. The Central Administrative Tribunal held that they were not railway servants because their appointments were on a fixed remuneration …
The respondents, employed as Library Assistants and Attendants at Utkal University, filed writ petitions seeking regularisation of their services and salary parity with regular university employees. The Orissa High Court rejected their regularisation claim but directed the university to pay them …
The Uttar Pradesh Land Development Corporation appointed a panel of trainees as Assistant Project Managers for the World Bank‑funded "Million Wells Scheme" and paid them a stipend. When the scheme was discontinued, six of the trainees filed a writ petition seeking regularisation and pay‑scale …
The dispute concerned the selection of police constables for training and promotion to the rank of Lance Naik under Police Order No. 266 of 1981. The Order required candidates to obtain at least 50% marks in each individual subject of the outdoor and indoor tests and to be selected for training on …
The State of Uttar Pradesh dismissed Assistant Agriculture Inspector Chandrapal Singh after disciplinary proceedings initiated by the District Agriculture Officer, who was subordinate to the Director of Agriculture, the appointing authority. Singh challenged the dismissal before the U.P. Public …
Dr. Jugal Chandra Saikia was compulsorily retired on 11 April 1994 after a Screening Committee, comprising senior officials, recommended his retirement on grounds of alleged fraudulent transactions and doubtful integrity. He challenged the order through a writ petition, which was upheld by both a …
Maliyakkal Abdul Azeez was convicted under Section 135(1) of the Customs Act for smuggling gold and sentenced to three years' rigorous imprisonment, later reduced to two years. He had earlier been detained for two years under the Conservation of Foreign Exchange and Prevention of Smuggling …
U.P. Financial Corporation initiated recovery proceedings against Unique Butyle Tube Industries Pvt. Ltd. under the Uttar Pradesh Public Monies (Recovery of Dues) Act, 1972 for default on a loan. The appellant contended that, after the enactment of the Recovery of Debts due to Bank and Financial …
Syndicate Bank sued R. Veeranna and others for repayment of loans totaling Rs 16,15,091.05. The defendants accepted liability but contested the bank's claim for a higher rate of interest, arguing that the increase violated natural justice and the bank's own circulars. The trial court awarded the …
The appellants, Swami Nath Chouhan and others, claimed tenancy of 4 Bighas 4 Kathas and 15 Lechas at Hukanpukhuri, alleging a lease from respondents 5‑7 in 1947, while the land had been acquired by the Union of India in 1943 for defence purposes and later reconveyed without possession. The Union …
The plaintiffs filed suits seeking a declaration that several earlier decrees and orders were illegal, null and void. The defendants moved to reject the plaints under Order VII Rule 11 of the Code of Civil Procedure, alleging no cause of action and that the suits were barred by res judicata. The …
M/s OCL India Ltd., a cement manufacturer, was assessed under the Orissa Sales Tax Act for the year 1986-87. The Sales Tax Officer issued an assessment order in 1987, which was later subjected to a show‑cause notice by the Assistant Commissioner in 1995 under delegated revisional power, but the …
The respondents, landholders under the Rajasthan Tenancy Act, 1955, were initially found not to hold surplus land. After the Rajasthan (Imposition of Ceiling on Agricultural Holdings) Act, 1973 came into force, they were later declared to have surplus land and the State sought to reopen the earlier …
The respondent, a beneficiary of a trust, received income from a partnership firm which was assigned to the trust and later distributed. The beneficiaries, including the respondent, assigned their interests to a Body of Individuals (B.O.I.) and claimed that the assets should be valued as belonging …
The case involved a second appeal filed by the heirs of Balla Ram against the heirs of Phoola. The Punjab and Haryana High Court dismissed the appeal summarily, stating “No merit”, without examining whether any substantial question of law existed between the parties as required by Section 100(3) of …
The appellants filed a second appeal under Section 100 of the Code of Civil Procedure, challenging the Madhya Pradesh High Court's reversal of the trial and first appellate courts' findings of fact. The High Court failed to state any substantial question of law in its memorandum of appeal or …
I.T.C. Ltd. classified the 'slides' of cigarette packets under heading 4818.19 with nil duty, but the Revenue issued a show‑cause notice to reclassify them under heading 4818.90. The appellant raised the plea that 'slides' (and later 'slits') were not excisable goods only at the appellate stage, and …
The appellant, GKN Driveshafts (India) Ltd., challenged the validity of notices issued under sections 148 and 143(2) of the Income Tax Act, 1961, before the Delhi High Court. The High Court dismissed the writ petition, holding it premature because the appellant could raise objections in its reply to …
Dugar Electronics, a manufacturer of tape recorders, received moulds and certain parts from Pieco (Philips) free of cost and declared a price for its finished goods. The Central Excise authorities and the Customs, Excise and Gold (Control) Appellate Tribunal rejected this declared price, holding …
Tata Iron & Steel Co. Ltd. claimed exemption from excise duty on steel ingots (Item 26) under Notification No. 53/64, asserting that the ingots were produced from fresh unused steel melting scrap obtained by cutting blooms into pieces and rendering them into scrap. The departmental authorities, the …
Mahalaxmi Stores purchased large stone boulders and crushed them into smaller stones known as 'gitti'. The issue was whether this crushing process constituted 'manufacture' under Section 2(17) of the Bombay Sales Tax Act, 1959, thereby attracting sales tax. The Sales Tax Tribunal and the Bombay High …
The case arose from a violent clash over the construction of a shed that resulted in the death of a man. The prosecution alleged that a group of accused formed an unlawful assembly, assaulted the victims and caused the murder. The trial court convicted fifteen accused under Sections 302, 148, 149 …
The State of Punjab prosecuted Rajesh Syal, former director of Golden Forest (India) Ltd, for fraudulently collecting public money and failing to return it, leading to multiple criminal cases in different courts under IPC sections 406, 420, 468, 471, 1208 and Punjab Reforms Act s.7(2). Syal filed …
The appellant, Sekar, and others untied a sheep that the deceased, Palaniswamy, had impounded, leading to a heated exchange. Sekar struck the deceased, who fell, and then delivered a further blow to the neck that caused his death. Sekar pleaded that the blows were in exercise of his right of private …
The appellant was found with 5,940 grams of heroin concealed in a suitcase at Chennai International Airport while attempting to transport it to Singapore. The trial court acquitted him on the ground that mandatory provisions of Sections 42 and 50 of the NDPS Act were not complied with, but the High …
Former judge Kuldip Singh filed a writ petition under Article 32 challenging the lower pension granted to judges appointed directly from the Bar, contending that the Constitution provides no quota for such appointments and that pension benefits should be uniform with those appointed from the …
The workman, S.T. Hadimani, claimed that he had rendered service for 240 days in the relevant year and that his employment was terminated without payment of retrenchment compensation. The employer, the Range Forest Officer, denied that the workman had completed the requisite 240 days. The Labour …
A tragic fire at a mental asylum in Ervadi, Tamil Nadu, killed 25 chained patients, prompting the Supreme Court to take suo motu action under Article 32. The Court examined the failure of the Central and State governments to implement the Mental Health Act, 1987 and related disability statutes, …
Dr. Anil Bajaj, a faculty member of the Post Graduate Institute of Medical Education and Research, was granted permission to take up an assignment abroad on the condition that he would resume duty within two years, a condition that required an undertaking which he did not furnish. An office order …
