B C RAY

Gouranga Chakraborty, a constable in the Border Security Force (BSF), was dismissed by the Commandant for overstaying leave and being absent without leave during a period of war. After being given a chance to explain, which he failed to utilize, he appealed internally without success and subsequently filed a civil suit…

The appellant, selected in the combined Civil Services Examination, was initially appointed to the Delhi Andaman and Nicobar Police Service (DANIP). When vacancies later arose in the Indian Police Service (IPS), the three reserved‑category vacancies were filled from DANIP candidates, but the general‑category vacancies …

The Supreme Court examined petitions filed by a Sub‑Committee on Judicial Accountability, the Supreme Court Bar Association and individual litigants seeking to enforce the Speaker's admission of a motion for the removal of Justice V. Ramaswami and to restrain him from performing judicial duties. The key issues were whe…

Ex‑servicemen filed writ petitions under Article 32 seeking a "one rank, one pension" rule, equal death‑cum‑retirement gratuity and backward merger of dearness allowance, claiming that the Supreme Court’s decision in D.S. Nakara required the same pension for all retirees irrespective of retirement date. The petitioners…

The petitioners, a cooperative housing society, applied to the New Okhla Industrial Development Authority (NOIDA) for permission to develop their land under the Authority's building bye‑laws, but NOIDA refused, citing its statutory duty to prepare a master plan for the industrial‑urban township. While the writ petition…

The Math (Mahant Dhangir) challenged earlier alienations of its property made by a former Mahant, Lalgiri, which included a 99‑year lease and a sale to Madan Mohan. The trial court declared the lease void but denied possession; the High Court Single Judge declared the sale void but gave no possession decree, and upheld…

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

Abraham, the owner of land in Thottapuzhasseri, challenged a declaration under Section 6 of the Kerala Land Acquisition Act, 1961 that authorised acquisition of his land for a playground of M.M.A. High School. He argued that the acquisition was mala fide and that the declaration was invalid because the Education Depart…

Abdul Razak challenged a detention order issued under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985, claiming the grounds were vague, irrelevant and violated Article 22(5) of the Constitution. The petitioner's grounds listed seven criminal cases and alleged use of deadly weapons, but the Co…

J.F. Pathan was detained on 12 October 1988 under Section 3(1) of the Gujarat Prevention of Anti‑Social Activities Act, 1985. He had earlier been detained in 1985 under the National Security Act and in 1986 under the same PASA Act, both orders later quashed by the Gujarat High Court. The detaining authority, in forming…

The case concerned the inter‑se seniority of Excise Inspectors in Bihar. The appellants were promoted to the post of Inspector of Excise in 1976 under a 5% quota reserved for promotion from Upper Division Assistants, which the State Government claimed applied to the 1974‑75 vacancy year. The respondents, promoted from …

The deceased Kamail Singh was attacked by his neighbour Paul Singh, who struck him repeatedly on the head with the handle of a tractor, causing his death. Two eyewitnesses, Jagtar Singh and Kuldip Singh, were present and identified the accused, and the tractor handle recovered from the scene was found to be stained wit…

Gupta Sugar Works, a Khandsari sugar manufacturer, challenged the Uttar Pradesh Khandsari Sugar (Levy) Order, 1981 which required surrender of 50% of first‑process output at a fixed price of Rs 320 per quintal. The petition alleged that the price fixation ignored the guidelines of sub‑section 3C of the Essential Commod…

The petitioners, convicted by a General Court Martial under the Army Act, 1950 and sentenced to imprisonment, were lodged in civil jails and sought to set off the period of their pre‑trial detention against the term of imprisonment under section 428 of the Code of Criminal Procedure (CrPC). The jail and army authoritie…

The plaintiffs, jagirdars of village Nalej, sold teak and mahuda trees to a contractor. The land was declared a reserved forest under the forest rules of the erstwhile Chhota Udepur State, and later brought under the Indian Forest Act by Gujarat. The contractor sought permission to fell the trees, was denied, and the s…

The appellant, a former Chief Justice of the Madras High Court, was charged under the Prevention of Corruption Act, 1947 for possessing assets disproportionate to his known income. He sought to quash the criminal proceedings, arguing that judges are not "public servants" under the Act and that no prior sanction was req…

R.E. Sharma, a senior Bihar government officer with a 30‑year exemplary record, was compulsorily retired under Rule 74(b)(ii) of the Bihar Service Code on the ground of public interest after turning 50. Sharma contended that the retirement was a punitive measure based on alleged financial irregularities, that he was de…

The appellant, brother of T.A. Sirajudeen, challenged his sibling's preventive detention under sections 3(1)(iii) and 3(1)(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The detenu had been caught with smuggled gold biscuits in November‑December 1986, but the de…

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

The petitioners were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after gold and cash were seized from their premises. They filed representations against their detention, but the Government considered these representations only after confirming the detention order…

Kailash Nath, a retired Executive Engineer, was charged under the Prevention of Corruption Act for the purchase of sign boards in 1979; the FIR was filed in 1985, three years after his retirement and six years after the alleged misconduct. He challenged the FIR invoking the third proviso of Rule 2.2(b) of the Punjab Ci…

The plaintiff, heirs of the deceased Lakhan Sao, sued Dharamu Chaudhary for declaration of title and possession of land, relying on a 1964 sale deed and challenging an earlier 1959 deed as a sham transaction without consideration. The trial court and its first appeal upheld the plaintiff's title, but the High Court set…

The elected directors of Sanjay Sahakari Sakhar Karkhana Ltd. requisitioned a special meeting of the Board to consider a no‑confidence motion against the Chairman. The Registrar issued notice of the meeting only to the elected directors, omitting the nominees of financial institutions and the co‑opted technical directo…

The appellants were convicted by an Additional Sessions Judge on three counts, including a life sentence with a fine of Rs.200 under Section 302/149 IPC. The High Court, while dismissing their appeal, altered the fine to Rs.5,000 per count per appellant, increasing it to Rs.30,000 each, without any notice or hearing. T…

The case concerned the inter‑se seniority of Assistant Engineers in the Bihar Engineering Service, Class II. Directly recruited engineers (respondents 1‑5) were appointed in 1961, while overseers promoted to the same post (appellants 6‑23) were later given retrospective promotion dates of 1958, 1961 and 1962 by Governm…

The appellants, Othayath Lekshmy and others, were tenants who were dispossessed of their land after 1 April 1964 when the holding was sold at a court auction for arrears of rent. They filed an execution application under Section 13(B) of the Kerala Land Reforms (Amendment) Act, 1969, seeking restoration of possession, …

The Andhra Kesari Educational Society was granted permission in 1984 to start a B.Ed. college, subject to several conditions, which were later cancelled after a change of government. The Society claimed minority status to avoid compliance and sought affiliation from Nagarjuna University, which was denied. The High Cour…

Polish national Kubic Dariusz was arrested in April 1989 for possession of foreign gold and detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA). He claimed that the grounds of his detention were served only in English, a language he alleged he did not understand, an…

The Secured Investment Company, a partnership firm, operated a scheme where members paid a lump sum of Rs 220, received a bank RD receipt, and were entered into monthly lucky draws for prizes, with Rs 92 of each payment deducted to fund the prizes. The Registrar of Firms, Societies and Chits seized the company's docume…

The Kerala Financial Corporation (KFC), a state corporation, obtained a decree against T.M. Hassan Rawther for default on a loan secured by a tea estate. After an unsuccessful court auction in 1969, KFC purchased the estate but could not take possession until 1982 due to a labour dispute. KFC then invited public tender…

A petrol tanker collided with a truck on a highway, overturned and leaked petrol; four hours later the leaked fuel exploded, causing fire, injuries and the death of the claimant's son. The claimant sought compensation under Section 110 of the Motor Vehicles Act and a no‑fault claim of Rs.15,000 under Section 92A. The M…

The appellants, Revenue Officer and others, sought restoration of lands sold by two respondents (identified as "Rajaka" in sale deeds) to a Brahmin purchaser. The respondents produced caste certificates and records showing they belong to the "Dhoba" community, a Scheduled Caste under the Constitution (Scheduled Castes)…

In May 1985 a series of bomb explosions led to FIR No. 238 of 1985 in Delhi, where Jagjit Singh and another accused were granted pardon under Section 306 of the Criminal Procedure Code and turned approvers. Both gave statements in the committal proceedings but later withdrew them, and the same accused were also charged…

The Supreme Court examined whether the sale of 39 lakh shares of Larsen & Toubro Ltd. by public financial institutions to Trishna Investments through BOB Fiscal Services, and the Controller of Capital Issues' consent to a mega issue of convertible debentures (including a Rs.310 crore preferential allotment to Reliance …

The petitioner, D.S. Agarwal, was detained under the Gujarat Prevention of Anti‑Social Activities Act, 1985 on 17 September 1988 on the ground that he was a dangerous person likely to disturb public order. The grounds of detention listed five criminal cases, two of which (serial Nos. 2 and 3) were shown as pending, alt…

The petitioner was detained under the Gujarat Prevention of Anti‑Social Activities Act, 1985 on the basis of alleged boot‑legging activities. An earlier detention order dated 2 January 1987 had been quashed by the Gujarat High Court. A fresh detention order dated 21 October 1988 was issued, but the detaining authority …

The land of the appellants was acquired under the Land Acquisition Act, 1894 for a residential development. The appellants operated a plant nursery and claimed compensation for the nursery plants, potted plants, and mother trees. The Land Acquisition Collector allowed removal of nursery and potted plants and denied com…

The appellant, Babu Lal, was appointed on an ad‑hoc basis as Sub‑Inspector, Food & Supplies in Haryana in 1975. He was suspended on 15 April 1980 because criminal proceedings under IPC s.420 were pending, and his services were terminated on 17 November 1980 while the suspension was still in force. He was acquitted of t…

The tenant, Rai Chand Jain, leased a house from landlady Chandra Kanta Khosla for residential purposes, but later operated a printing press (M/s Navneet Prakashan) from the premises. The landlady sought eviction on grounds of non‑payment of rent, change of use, and her bona‑fide requirement for the house. The trial cou…

Gulabbai, the landlord, sued Nalin Narsi Vohra and others for vacant possession of a shop and arrears of rent, claiming the tenants were defaulters and that she needed the premises for her husband’s tax‑consultancy office. The trial court and the Additional District Judge held that the tenants were monthly payers, not …

The mother of Noor alias Babu filed a writ petition under Article 32 seeking to quash his preventive detention order issued under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The detenu had made a representation against his detention, but it was addressed only to the Centra…

The respondents, a drug firm and its managing partner and pharmacist, were prosecuted for charging amounts in excess of the maximum retail price fixed under the Drugs (Price Control) Order, 1979 for Largactil and Hipnotex tablets. The trial court convicted them under Section 7 of the Essential Commodities Act, 1955 for…

The Women's Resources Centre SAHELI filed writ petitions under Article 32 on behalf of two tenants, Kamlesh Kumari and Maya Devi, alleging that police officers colluded with a landlord to evict them and brutally beat Kumari and her nine‑year‑old son Naresh, leading to the child's death. The petition sought compensation…

The State of Haryana sought review of a Supreme Court judgment that confirmed the conviction of Prem Chand and others for rape under IPC Section 376 but reduced their sentences from ten to five years by invoking the proviso to Section 376(2) on the basis of the victim's conduct. The Court examined the scope of review i…

The case involved two groups of civil servants. Lower Division Clerks (LDCs) from district police offices were appointed to the Chief Office in 1970 on the condition that they would forgo seniority based on their prior service; after 13 years they sought to have that seniority counted, and the Andhra Pradesh Administra…

Syed Farooq Mohammad was detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 after narcotics were seized from two cars on 19 July 1989. He challenged the detention on grounds of a five‑month delay in issuing the order, a further delay in arrest, non‑s…

The appellant, a stone‑processing firm, imported calcareous stone slabs from Italy, obtaining certificates and expert reports that the material was not marble. Customs seized the goods, classifying them as "marble" under tariff entry 25.15 and the restricted item 62 of the Import‑Export Policy, and ordered confiscation…

Ram Prakash, the Karta of a Mitakshara joint Hindu family, executed an agreement to sell a house described as self‑acquired to Jai Bhagwan but later refused to execute the sale deed. Jai Bhagwan sued for specific performance; the sons of Ram Prakash, claiming the house to be coparcenary property, were denied impleadmen…

Two foreign trawlers chartered by an Indian company were seized for fishing in India's exclusive economic zone in violation of a permit that required fishing at depths greater than 40 fathoms. The masters were convicted and fined, while the charterer company and its managing director were initially acquitted but later …

Shobha Rani, a postgraduate, filed for divorce from her husband Madhukar Reddi on the ground of cruelty, alleging repeated dowry demands by the husband and his parents. The trial court and the Andhra Pradesh High Court dismissed her petition, holding that the demands did not amount to harassment and that she was hypers…

The wife of Syed Ali Raza Shafiq Mohammed filed a writ petition challenging his preventive detention under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The detenu was already in judicial custody with his bail application rejected, and the State sought to det…

Arun Aggarwal, already in jail for five non‑bailable offences, was detained under Section 3 of the National Security Act, 1980 on August 3, 1987. The detention order, approved under Section 12(1) after an Advisory Board opinion, was based solely on the fact that he was seeking bail and there was a possibility he might …

Subhash Chand, an adolescent convicted of murder under IPC s.302 and sentenced to life imprisonment, filed a writ petition under Article 32 seeking detention under the Punjab Borstal Act, 1926, relying on Hava Singh v. State of Haryana. The State opposed, arguing that the Act does not apply to offences punishable with …

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

The Madhya Pradesh Electricity Board (M.P.E.B.) issued a supplementary bill demanding payment for electricity consumed after the meter installed at Smt. Basanti Bai's oil mill was burnt and one phase was found non‑functional. The Board threatened to disconnect supply unless the bill was paid. The petitioner challenged …

The Phagwara Improvement Trust prepared a development scheme under the Punjab Town Improvement Trust Act, 1922 covering lands of several respondents. Notices under Section 36 were published in a newspaper in April 1976 and later in the Punjab Government Gazette in May 1976, after the deadline for filing objections had …

The Enforcement Directorate searched the appellant's house and seized currency, bank drafts, bank pass books and loose sheets. The appellant was arrested, gave a statement, later retracted it, and was released on bail with a condition to attend the Enforcement Department daily, which was subsequently varied. A detentio…

The appellants forcibly took a teenage girl to a remote house, intoxicated her, undressed her and sexually assaulted her, after which she escaped from a truck and sought help. The trial court convicted them of rape under IPC s.376(2)(g) relying on the victim's uncontroverted testimony and the presumption of lack of con…

Dharmendra and Suganchand Chelawat were arrested for offences under the Narcotic Drugs and Psychotropic Substances Act and were remanded to judicial custody until 13 October 1988. While they were still in custody, a preventive detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and…

The Supreme Court heard a writ petition filed by the Sub‑Committee on Judicial Accountability seeking directions concerning an inquiry into alleged misconduct of a sitting Supreme Court judge for his conduct as former Chief Justice of a High Court. The petition questioned the validity of the Lok Sabha Speaker’s admissi…

Chanda, a newly married woman, died from severe burns after a fire broke out in her in-laws' house; neighbours rescued her but she later succumbed to her injuries. Her parents alleged dowry harassment and filed a police report; the investigation led to a charge sheet under s.306 IPC read with s.34 against her brother D…

The Supreme Court upheld the convictions and death sentences of Sevaka Perumal and Isakkimuthu for the pre‑meditated murder of four young boys, committed for cash and jewellery. The Court held that the dead bodies were positively identified by the victims' mother and forensic evidence, so corpus delicti was established…

The landlord Chandmal filed an eviction suit under section 15(3)(a)(iii) of the Hyderabad House (Rent, Eviction and Lease) Control Act, 1954, claiming the premises for his personal use. The tenant firm denied the claim of permanent tenancy and argued the landlord was not bona fide. The trial court and the Additional Re…

The Goa, Daman and Diu Housing Board entered into four construction contracts with Ramakant V.P. Darvotkar, which were later terminated for alleged abandonment of work. The Board sued for damages, but the parties were bound by an arbitration agreement; an arbitrator was appointed and awarded the respondent sums exceedi…

The case arose from the June 9, 1985 communal riot in Dabgarwad, Gujarat, where a mob set fire to the house of Maniben, killing her, her daughters, grandchildren and a neighbour’s son. The appellants were charged under the Terrorist and Disruptive Activities (Prevention) Act, 1985 and several sections of the Indian Pen…

The petitioner was detained under the Gujarat Prevention of Anti‑social Activities Act, 1985 on the grounds that he was a 'bootlegger' and a 'dangerous person' whose activities threatened public order. The detaining authority relied on four liquor‑related cases under the Bombay Prohibition Act and a single criminal cas…

The petitioner, Rama Dhondu Borade, was detained under the National Security Act, 1980 on the ground that his activities threatened public order in Greater Bombay. He filed a writ petition challenging the legality of his detention, alleging that the Union of India unreasonably delayed consideration of his representatio…

The Chandigarh administration sought to relocate scattered printing presses to an industrial area, initially earmarking 43 larger sites in Phase‑II and inviting applications with a 10% earnest money deposit. After lots were drawn in 1977 awarding sites to the appellants, the administration abandoned the Phase‑II scheme…

The appellant, a chartered accountant, was appointed as a non‑official member of the Karnataka Sales Tax Appellate Tribunal under Section 4(2) of the Karnataka Sales Tax Act, 1957, with his tenure periodically extended. Upon retirement he claimed a superannuation pension under the Mysore Civil Service Rules, 1957, argu…

The respondents were Delhi Police constables whose services were terminated in April 1967 for taking part in an agitation. They filed writ petitions seeking quashing of the termination orders and reinstatement, relying on earlier High Court judgments that declared similar terminated constables to have been in continuou…

The appellant was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for allegedly facilitating unauthorized foreign exchange transactions. He filed a representation against his detention, which he handed to the Superintendent of the Central Prison, Bomb…

A family partition deed allotted certain 'A' schedule properties to Maharaja Pillai, and after his death his widow was given the right to receive income from those properties for her maintenance. One of Maharaja Pillai's sons sued for a one‑third share in the properties. The trial court held that the widow enjoyed an a…

The appellants, senior police inspectors, challenged the out‑of‑turn promotion of two junior officers to Deputy Superintendent of Police, alleging that the promotion order lacked any reasons. They filed a writ petition in the High Court, which dismissed the petition by a non‑speaking order that gave no reasons for dism…

The respondents, Home Decorators & Finance Ltd. and its managing director, organized two music programmes in Jabalpur by promoting a so‑called "Nav Nirman Group" scheme. Entrants were required to pay a non‑refundable Rs.2 admission fee and a Rs.10 membership subscription refundable after ten years, and were given invit…

The petition challenged a detention order dated 23 May 1988 issued by the Commissioner of Police, Ahmedabad under Section 3(2) of the Gujarat Prevention of Anti‑Social Activities Act, 1985 against Abdul Latif Abdul Wahab Sheikh, who was already in jail. The petitioner argued that the detaining authority had not applied…

The Supreme Court examined an appeal by Deputy Superintendent of Police S.K. Viswambaran (appellant) who sought expunction of adverse remarks made against him by the Kerala High Court in an order relating to petitions filed by two police officers (respondents). The High Court, while considering the respondents' request…

M.S. Jagadambal, the widow of Nagappa Naicker, sued the Southern Indian Education Trust and others to recover a low‑lying, seasonally submerged parcel of land (described as a "pit" or "Pallam") that her husband had purchased in 1929. She claimed continuous possession by her husband and herself and alleged that the resp…

Abdulla Kabir purchased a one‑quarter share in a plot that was recorded in the Record of Rights as a "bari" (homestead) belonging to an agriculturist raiyat. Md. Nasiruddin, claiming to be a co‑sharer, filed an application for pre‑emption under Section 8 of the West Bengal Land Reforms Act, 1955. The lower courts were …