DALVEER BHANDARI

A prisoner, Nathu @ Parasram, filed a Special Leave Petition (SLP) from jail, attaching a certified copy of the High Court judgment. The Supreme Court Registry delayed the first listing by sending for records from lower courts and awaiting translation of vernacular documents into English. The Court examined Order 21, R…

The State of Rajasthan issued an Office Order in 1992 granting Selection Grades to Class IV and subordinate employees after 9, 18 and 27 years of service, provided their service record was satisfactory. A 1992 circular initially held that a censure would not affect eligibility, but a later Office Order in 1995 clarifie…

The State of Haryana, through the Superintendent of Police, filed a civil suit claiming ownership of a parcel of land on the basis of adverse possession. The defendants, who were the registered owners, contested the claim, and the trial court, appellate court, and High Court all dismissed the suit, holding that the Sta…

The State of NCT of Delhi prosecuted Rajiv Khurana under Section 33 of the Insecticides Act, 1968, alleging that the product of his company failed to meet ISI specifications and that he, as Regional Technical Director, was responsible for quality control. The trial court issued summons, but the Delhi High Court quashed…

Mohammad Yasin appealed against the Delhi High Court order that dismissed his petition seeking a CBI investigation and a FIR under s.302 IPC into the death of his brother Yunus (alias Anees) while in police custody. Yunus, a proclaimed offender with a history of multiple criminal cases, was arrested on 4 August 1999, s…

Bachan Singh joined the Haryana State Electricity Board as a work‑charge employee in 1963 and was regularised as Head Mistry in 1981. The Board issued circulars in 1993 and 1994 asking work‑charge employees to elect, in writing, whether to count their prior service towards pension or remain in the EPF scheme, with a th…

The respondent, a Senior Scientist, was assessed for promotion to Principal Scientist under ICAR's Career Advancement Scheme. The Selection Committee allocated 50% of the total marks to a personal interview, a method not disclosed to the candidate, and he scored only 49 marks, failing to meet the 60‑mark threshold. The…

The State of Andhra Pradesh filed an application under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 alleging illegal occupation of certain parcels of land (the Schedule Land) by Abdul Khuddus and others. The Special Court examined oral and documentary evidence and held that the respondents were land grabber…

Feroz Ahmad, a Junior Engineer appointed in 1976, sought a pay‑scale upgradation with seniority, which was denied while junior diploma‑holders received the benefit. He filed a writ petition; the Delhi High Court dismissed it, and a Letters Patent Appeal was also dismissed. On appeal, the Supreme Court examined whether …

Kerala State Financial Enterprises Ltd., a government company, advanced a loan to Mis Concert Capital Ltd. and its sister concern, which defaulted. The appellant initiated recovery proceedings under the Kerala Revenue Recovery Act, 1968, resulting in attachment of the debtor's assets. While the debtor was undergoing vo…

The parties, who were co‑sharers, filed a suit for permanent injunction which was settled by a consent decree under Order 23, Rule 1 of the CPC allocating shares in the disputed property. The respondents sought mutation of their names in the revenue records based on that decree, but the revenue authorities refused, sta…

Two consumer complaints were filed before the South Mumbai District Consumer Forum, and the opposite parties objected to the appearance of an authorized agent who was not an advocate. The High Court held that the Consumer Protection Act, 1986 permits parties to be represented by authorized agents and that this does not…

The University of Mysore appointed Dr. Basavaiah and Dr. Manjunath as Readers in Sericulture in 1999 based on a vacancy advertisement that required a doctorate degree or equivalent published work and relevant experience. The respondents challenged the appointments, arguing that the appointees lacked a doctorate specifi…

The deceased Shoba was burned to death by her mother‑in‑law and sister‑in‑law. A dying declaration was recorded by a Taluka Executive Magistrate on 9 April 1995 in the presence of a doctor, and the formal FIR was lodged on 12 April 1995. The appellants challenged their conviction under Section 302 read with Section 34 …

The appellant, Sukanti Moharana, was convicted under Section 302 IPC for allegedly pouring kerosene on her sister-in-law and setting her on fire, resulting in extensive burn injuries and death. The conviction was based primarily on a written dying declaration recorded by a doctor and an oral dying declaration made to t…

The appellant, Asmathunnisa, and her husband were charged under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for allegedly insulting a complainant by naming his caste in the complainant's absence. The appellant argued that the offence requires the victim to be presen…

The case concerned a multi‑crore iron‑ore mining lease scam involving former ministers of Jharkhand, including a former chief minister, with allegations of illicit wealth amassed through abuse of official position. The High Court, noting the complexity and trans‑national nature of the alleged investments, referred the …

The case concerned two joint family properties in Himachal Pradesh where the widow Jamni inherited her husband Hari Ram's one‑third share. Through a family arrangement she relinquished her share in one parcel (Chak Kaljer) and received the brothers‑in‑law's shares in the other parcel (Chak Nani), thereby becoming the a…

The appellants, owners of Shop No.1214 in Jabalpur, filed an eviction suit under sections 12(1)(c), (f) and (g) of the Madhya Pradesh Accommodation Control Act, 1961. The respondents contended that the suit property was a Wakf property and, later, claimed it was a joint family property, though no such plea was raised i…

Lokprakashan Ltd., a newspaper, applied to Baroda Municipal Corporation for 5,000 sq. m of land. The corporation’s Standing Committee approved the sale, and the Gujarat State Government granted an exemption under section 20 of the Urban Land (Ceiling and Regulation) Act, 1976. After paying Rs 50 lakhs and receiving a p…

The respondents, co‑owners of two non‑residential shops, were already occupying one shop and sought eviction of the appellant tenant from the other shop under s.10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, claiming a bona‑fide need for a jewellery business. The Rent Contro…

The Supreme Court examined the constitutional validity of Section 3(7) of the Uttar Pradesh Public Servants (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 and Rule 8‑A of the Uttar Pradesh Government Servants Seniority Rules, 1991 (as inserted by the 2007 amendment), which pro…

The appellant, a watchman employed by a religious society, sued for a permanent injunction claiming possession of the society's dharamshala, alleging adverse possession. The trial court dismissed the suit, the first appellate court reversed in his favour, but the High Court set aside that reversal. The Supreme Court he…

The Supreme Court examined whether an authorised signatory of a company could be prosecuted under Section 138 of the Negotiable Instruments Act, 1881 and Section 67/85 of the Information Technology Act, 2000 without the company itself being named as an accused. The Court held that Section 141 of the Negotiable Instrume…

The Uttar Pradesh Avas Evam Vikas Parishad appointed the appellant, a Superintending Engineer, to officiate as Chief Engineer. The senior-most respondent challenged the appointment, arguing that in the absence of a merit‑based selection the senior officer should be given the charge. The Allahabad High Court quashed the…

The appellant, Pooja Batra, filed a writ petition seeking the release of her husband, Deepak Kumar (Deepak Batra), who had been detained under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The Detaining Authority based the detention on alleged mis‑declara…

The petition arose from the kidnapping of a six‑year‑old girl, Lalita Kumari, whose father reported the incident to the police but the FIR was registered only after a month and no investigative action was taken. The petitioner sought a writ of habeas corpus, contending that the police had a statutory duty under Section…

A partition suit filed in 1962 was compromised in 1964, with the decree allocating exclusive possession of specific properties to each party. The predecessor of the appellants later challenged the compromise decree on grounds of fraud, but the suit was dismissed in 1994 and the subsequent appeal in 2004 was also dismis…

The State of Rajasthan appealed the Rajasthan High Court’s acquittal of Naresh, who was charged under Sections 302 and 394 IPC for murdering a woman, amputating her feet, and stealing her jewellery. The trial court had convicted him based on four strands of circumstantial evidence, but the High Court set aside the conv…

The appellant challenged the conduct of the Caste Scrutiny Committee, which after closing the hearing for orders, called the Caste Certificate Register for inspection on 28‑10‑2003 and recorded statements of a Tehsildar representative on 7‑11‑2003 without giving any notice to the appellant. The High Court dismissed the…

M.K. Palia & Sons Pvt. Ltd., a lessee of the Mumbai Port Trust, filed a writ petition in 2005 challenging the rateable value of its commercial premises that had been revised in 1984‑85 from Rs.20,100 to Rs.25,645 per annum. The appellant argued that the increase was excessive and relied on the Jamshed Hormusji Wadia de…

Raj Homes Pvt. Ltd. and another challenged the Madhya Pradesh Government’s Rule 14, which imposes a flat-rate premium on agricultural land diverted to non‑agricultural use, alleging that the rule exceeds the powers granted under sections 59(5) and 258(iii) of the Madhya Pradesh Land Revenue Code and violates Article 14…

The landlord served a notice on the tenant on 28‑08‑1991, seeking vacancy of two rooms by the end of October 1991, claiming the tenancy was governed by the English calendar. The tenant contested, arguing that the tenancy followed the Bengali calendar and that the notice therefore failed to give a clear one‑month period…

The deceased was riding a scooter when an APSRTC bus, driven rashly and without sounding the horn, struck it from behind, causing his death. The deceased's parents and sisters filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal held that the bus driver’s rash…

The Union transferred administrative control of the Special Service Bureau and the Chief Inspectorate of Armaments from the Cabinet Secretariat to the Ministry of Home Affairs and trifurcated the Directorate General of Security (Secretarial) Service into three separate units, allocating staff on an "as is where is" bas…

Gurmukh Singh was convicted of murder under Section 302 IPC for delivering a single lathi blow to Hazoor Singh, who died six days later. The trial and High Courts upheld the conviction and life sentence. On appeal, the Supreme Court examined whether the facts—no prior enmity, spur‑of‑the‑moment incident, single fatal b…

The appellant Oriental Insurance Company insured Mis Ozma Shipping Company's vessel for Rs 21.5 lakh after its own surveyor valued the ship at that amount. The vessel sank with cargo, and the insured claimed the full sum. The insurer offered only Rs 15 lakh, alleging the valuation was excessive. The National Consumer D…

Great Offshore Ltd. filed an arbitration petition asserting that a charter party agreement (CPA) faxed on 22 August 2005 contained a valid arbitration clause. Iranian Offshore Engineering & Construction Co. contested the existence of a binding contract, alleging the faxed CPA was a forged copy, lacked the respondent's …

The Uttar Pradesh State Road Transport Corporation (UPSRTC) hired a privately owned mini‑bus, which was insured by National Insurance Company, and the bus was involved in a fatal accident. The claimants sought compensation under the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal held the corporation l…

Md. Shahabuddin, a sitting MP, was in custody with more than forty criminal cases pending. Because of serious threats to public order, the Patna High Court, exercising its power under s.9(6) of the CrPC, issued a notification that the Court of Session would hold its sittings inside Siwan District Jail, and the Bihar Go…

The Supreme Court examined the compensation payable to land owners whose 550.03 acres were acquired by the State of Punjab for an industrial focal point. It held that the appropriate market value (base price) must be determined using the sale deed Ext. P.8, which was a genuine transaction close to the Section 4 notific…

The complainant, A. Alexander, alleged that the site engineer V. Kannan demanded a bribe of Rs 5,000 to clear a pending railway contract bill. A trap was arranged by the CBI, with independent witnesses and forensic tests (phenolphthalein and sodium carbonate) confirming the presence of the money on Kannan's hands. Kann…

The case arose from the killing of Lakhi Ram, who was shot by Rajpal Singh after a quarrel involving the accused Gajey Singh and his father Mehar Singh. The trial court convicted Gajey Singh and Rajpal Singh for murder under Section 302 read with Section 34 IPC, but the High Court acquitted them, holding that the prose…

Swapan Kumar Pani, an accountant of Canara Bank, was first exonerated in 1989 of charges of unauthorised removal of special bearer bonds. Later, after a CBI report, the bank’s Managing Director invoked Regulation 18 of the Canara Bank Officer Employees' (Discipline and Appeal) Regulations, 1976 to set aside the exonera…

Hemaji Wagahaji Jat filed a suit seeking a permanent injunction and declaration of ownership of land in Yavarpura, claiming title by adverse possession. The trial court erroneously held that he had acquired ownership through adverse possession and decreed in his favour. The District Judge and the Gujarat High Court rev…

V.K. Jain, a Special Judge of the Delhi Higher Judicial Service, challenged harsh and derogatory remarks made by the Delhi High Court in an order that criticised his conduct in granting bail and imposing conditions on a CBI case. The appellant argued that the remarks were unmerited, violated natural justice, and damage…

The Supreme Court examined a civil appeal challenging a High Court judgment that set aside the concurrent findings of fact of the trial court and the first appellate court without formulating any substantial question of law, as required by Section 100 of the Code of Civil Procedure (amended 1976). The Court reiterated …

The appellant, K.K. Saravana Babu, was detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities Act, 1982 on the basis of two pending criminal cases of land grabbing. He challenged the detention, arguing that the offences did not affect public order and that the detaining authority had no materi…

The petitioner, a US citizen of Indian origin, invested $640,000 in a water‑park venture with the respondents based on agreements dated 7 June 2000, 29 January 2005 and a supplementary agreement of 2 February 2005, which contained an arbitration clause. A dispute arose over the transfer of 25 acres of land, share alloc…

The appellant, Dayal Das, was convicted under IPC sections 304(Part‑II) and 328 and Rajasthan Excise Act s.54‑A for the death of Lal Chand, who allegedly died after consuming illicit liquor at the appellant's soda‑lemon shop. The sole evidence linking the appellant was the statement of PW‑12, who said he saw Lal Chand …

Baldev Singh Mann challenged the election of Surjit Singh Dhiman, alleging that Dhiman had procured assistance from gazetted officers for his campaign, constituting a corrupt practice under section 123(7) of the Representation of People Act, 1951. The High Court dismissed the petition, finding that Mann failed to prove…

The petitioners, who were Assistants and Stenographers employed by the National Institute of Educational Planning & Administration and the Sahitya Academy, claimed entitlement to the revised pay‑scale of Rs.1640‑2900 that had been granted to their counterparts in the Central Government by the IV Pay Commission and the …

The appellant, a sister, owned a house in Goa purchased at auction, while her brother was allowed to occupy it as a caretaker. After the appellant returned to Goa in 1992, the brother filed a suit for a mandatory injunction to prevent her from taking possession, claiming a family arrangement. The trial court and High C…

Samitiri Devi (appellant) purchased a house in 1985 with her own funds, but the sale deed was executed in the names of her son and brother‑in‑law. They later sold half of the property to Sampuran Singh (respondent No.1) on 13‑April‑1987 without her consent, despite a notice she had posted on 8‑April‑1987 informing him …

Indure Ltd. was awarded a turnkey contract by NTPC to erect an ash‑handling plant. To fulfil the contract it imported MS pipes and other components, which were sold to NTPC. The company claimed exemption from sales tax under Section 5(2) of the Central Sales Tax Act, 1956, arguing that the sale was in the course of imp…

Shyamal Sengupta, a bank employee, died intestate leaving his widow Shipra Sengupta, his mother Niharbala Sengupta and his brothers as survivors. He had earlier nominated his mother as the nominee for his provident fund accounts. The widow claimed a share of the provident fund, arguing that the nomination was void afte…

The case concerned an Army officer who was diagnosed with schizophrenia and was invalided out in medical category "EEE" with 60% disability. The Medical Board at the Command Hospital opined that the disability was neither attributable to nor aggravated by military service. The officer’s legal representatives filed a wr…

The appellant, a returned candidate, challenged the High Court's order that upheld an election petition filed by the respondent alleging corrupt practices. The petition claimed the appellant had constructed bore wells and provided ambulances after the election notification, allegedly exceeding the permissible election …

The appellant Gorige Pentaiah was charged in a criminal complaint filed by Bakaram Eswar alleging offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and IPC sections 427, 447 and 506, relating to demolition of a wall, caste insult and intimidation in a land dispute. The appell…

The appellant, a former sepoy of the Territorial Army, was invalided out on a medical board's finding that his unspecified psychosis was neither attributable to nor aggravated by military service. He claimed entitlement to a disability pension under Regulation 173 of the Army Pension Regulations, arguing that the Entit…

Automobile Products India Ltd filed a criminal complaint under Section 630 of the Companies Act, 1956 against its former caretaker, Das John Peter, for refusing to vacate a servant quarter after retirement and for allowing his daughter to occupy it. The company filed the complaint through its factory manager using a po…

The appellant, Inspector of Police, Tamil Nadu, appealed the High Court's acquittal of John David, who was charged with the gruesome murder of a medical student whose body was dismembered and disposed of in various locations. The trial court had convicted David under IPC sections 302, 201, 364 and 342 based on strong c…

Karuna, the wife of Anand Kumar, died by suicide within seven years of marriage. Kumar, his parents and brother were charged under IPC s.306 (abetment of suicide), s.498A (cruelty) and the Dowry Prohibition Act s.4. The trial court acquitted the parents and brother but convicted Kumar based on a letter (Exhibit P‑20) a…

The case arose from a land dispute in which the deceased, Murugan, was stabbed multiple times by accused Rathinam and Moorthy in a government hospital, sustaining twenty incised injuries that caused his death. Moorthy, the appellant, gave a statement under Section 313 of the CrPC claiming self‑defence, but the trial co…

The case arose from a complaint filed by the wife of the respondent alleging deficiency in service by a nursing home, which was dismissed ex parte by the Maharashtra State Consumer Commission. The Commission later recalled its dismissal order and restored the complaint, prompting the appellants to seek revision before …

The Bhakra Beas Management Board (BBMB) issued a 1990 order granting time‑bound promotional scales only to directly recruited Assistant Engineers or those deemed directly recruited by meeting prescribed qualifications. Respondent Krishan Kumar Vij, a promotee who had completed 16 years of service but lacked the requisi…

The appellants' land of about 4.34 acres in Taj Sultanpur, Gulbarga was acquired under the Land Acquisition Act, 1894. The reference court fixed the market value at Rs.19,500 per acre, but the High Court allowed a deduction of 53% for development charges, despite the land being within the municipal limits of Gulbarga s…

The appellant, H.P. State Forest Co. Ltd., insured timber with United India Insurance Co. Ltd. under a policy dated 16 November 1987 that was later found to be a typographical error and effectively covered only eight months. The timber was washed away in September 1988, and the insurer repudiated the claim on 13 Octobe…

Bharat Petroleum Corporation Ltd. (BPCL) issued a tender for transporting LPG cylinders within the National Capital Region (NCR) and stipulated that trucks must comply with Bharat Stage‑III (BS‑III) emission norms if manufactured on or after 1 April 2005 and not be older than 12 years. Sunil Bansal (Respondent No.1) ch…

The case arose from a shooting at a petrol pump in Jaunpur district where two sons of the complainant were killed. The trial court convicted three accused under sections 302, 307, 323, 342 IPC and sections 27, 30 of the Arms Act, but the Allahabad High Court acquitted them. On appeal, the Supreme Court examined the con…

The Industrial Investment Bank of India Ltd. (the bank) granted two short‑term working capital loans to Modern Maileables Ltd., with the company's director, Bishwanath Jhunjhunwala, executing a personal guarantee. After the borrower defaulted, the bank initiated attachment proceedings against the company under s.40 of …

The Supreme Court examined a long‑running environmental dispute in which chemical industries in Bichhri, Rajasthan had been ordered in 1996 to pay Rs.37.385 crore for remediation of toxic sludge and to have their plants closed. Despite the judgment, the respondents repeatedly filed interlocutory applications to avoid p…

The Supreme Court entertained a public‑interest writ filed by Bachpan Bachao Andolan seeking protection for children employed in Indian circuses, who were subjected to physical, sexual and emotional abuse and denied education. The Court examined whether such employment violated the children’s fundamental rights, especi…

The appellant, owner of a bus insured with the respondent insurer, claimed Rs.5,33,782 for damages after a 2003 accident, asserting that the driver held a valid licence. The insurer contested the claim, alleging the driver lacked a valid licence and that the claim amount was excessive. The District Forum and State Comm…

Pragati Mahila Mandal, a charitable trust, was allotted a 60‑year lease of a plot by Nanded Municipal Council to start a school for girls. Unable to fund the school, it instead operated a hostel for girls and working women on a no‑profit basis. A public‑interest writ petition filed by Anil Tryambakarao Kokil challenged…

The appellant, Ravi, a minor, was severely injured when a truck reversed and struck him, resulting in permanent 50% disability. His father lodged the FIR three months after the accident, citing the child's critical condition and lack of legal awareness as reasons for the delay. The Motor Accident Claims Tribunal and th…

The case arose from an assault on Abdul Hakim and his brothers on 17 February 1994, during which Abdul Karim was also attacked and later died of his injuries. Six persons, including Abdul Mannan, were charged under Sections 302, 132, 313 and 34 of the IPC. The trial court acquitted all accused, but the High Court set a…

Angad Das, a constable in the Central Reserve Police Force, was compulsorily retired in 1996 after an enquiry found his date of birth to be false. He wrote a humble letter to the DIG requesting re‑employment on compassionate grounds, but the DIG treated the letter as an appeal under Rule 28 of the CRPF Rules and enhanc…

The State of Uttarakhand appealed against a High Court order that had entertained a public‑interest writ challenging the appointment of L.P. Nathani as Advocate General on the ground that he was over 62 years old. The Supreme Court examined whether Article 165 in conjunction with Article 217 of the Constitution imposes…

Two members elected to the Goa Legislative Assembly were challenged on the ground that, at the time of filing their nomination papers, they held the offices of Chairman of the Goa Khadi and Village Industries Board and Chairman of the Goa State Scheduled Castes and Other Backward Classes Finance & Development Corporati…

The appellants were convicted by a Special Court under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for offences under the IPC. They challenged the conviction on the ground that the Special Court, being a Court of Session, had taken cognizance without a committal order as required by S…

The Supreme Court examined a series of civil appeals concerning the payment of outstanding principal amounts to sugarcane growers by sugar factories in Uttar Pradesh. The crux of the dispute was whether the State Government could fix a State Advised Price (SAP) for sugarcane that exceeds the minimum price fixed by the …

The appellants, medical students, alleged that they were brutally assaulted by police officers while serving a dasti summons issued by the Supreme Court to the SHO of Sector 39 Police Station, Noida. The High Court dismissed their petition for a CBI inquiry on the ground that no FIR had been registered and directed the…

The appellant Sanjay Kumar Jain was convicted of murder under Section 302 IPC for the death of his wife within fourteen months of marriage, based on circumstantial evidence and a post‑mortem indicating strangulation. The Supreme Court found serious inconsistencies in the prosecution’s version, including uncertain acces…

The respondent, a government teacher appointed in 1978, sought correction of his date of birth recorded in his service book after 28 years of service, alleging a clerical error. The Education Officer and Head Master rejected his application, citing Rule 38(2)(f) of the Maharashtra Civil Services (General Conditions) Ru…

The State of Orissa acquired land for a fish farm under the Land Acquisition Act, 1894, awarding the original owner, Chitrasen Bhoi, Rs 2,500 per acre in 1975. Subsequent owners received a higher award of Rs 10,000 per acre in 1995, prompting Bhoi to file an application under Section 28A on 21 March 1995, within three …

The appellant purchased the western half of a jointly held property from the heir of a co‑parcener, claiming ownership and possession. The respondents argued that the property had never been partitioned, that the heir was not a necessary party, and that the sale deed could not confer possession. The trial court, affirm…

The appellant school terminated the services of a teacher who had been appointed on a two‑year probation, extendable by one year, after she allegedly received an unauthorized amount. The termination order was challenged, and the High Court initially set it aside, later holding that the teacher became a confirmed employ…

The case concerned the inter‑se seniority of two batches of directly recruited Range Forest Officers in Gujarat – non‑graduates (1979‑81 batch) and graduates (1980‑81 batch). The State Government had initially settled seniority in favour of the graduates by orders dated 12 Oct 1982 and 5 Mar 1987, publishing gradation …

The case concerned 136 contract workers who had been employed as trolley retrievers at Delhi airports and sought regularisation after the Central Government’s 2004 notification under the Contract Labour (Regulation and Abolition) Act, 1970 (CLRAA) prohibited such contract labour in the Airports Authority of India (AAI)…

The Sita Ram Bhandar Society owned agricultural land (Khasra No.157) that was included in a 1959 notification for acquisition for the planned development of Delhi. After objections were dismissed, a declaration under Section 6 was made and an award was issued on 19 June 1980. The Collector recorded a panchnama between …

The Central Bureau of Investigation (CBI) appealed against the Madras High Court’s order quashing criminal proceedings against A. Ravishankar Prasad and others for alleged conspiracy, forgery and fraud involving Indian Bank. The respondents had settled civil dues of Rs.157 crore, and argued that the settlement extingui…

Sukhram and his brother Jagannath inherited agricultural land and a house as co-owners. Sukhram left the village, entrusting Jagannath to look after his share and to account for the usufruct income. Upon return, Sukhram demanded possession and profits, but Jagannath refused, leading Sukhram to sue for possession and me…

Shyam Lal (plaintiff) sued Sanjeev Kumar and others to declare that a mutation in favour of the defendants, who were grandsons of the deceased BR, was illegal because the land was ancestral property that could not be bequeathed by will. The defendants produced a registered will dated 4‑12‑1978 in favour of them and cla…

The wife of B. Mohammed Haris filed writ petitions challenging his preventive detention under the COFEPOSA Act for alleged involvement in red sanders smuggling. The High Court dismissed the petitions, holding that the detention order of the alleged mastermind, Anil Kumar (AK), had been supplied as a confirmation order,…

The case arose from a land‑dispute in which Gurcharan Singh attacked Bakhtawar Singh with a gandasa, after which Darshan Singh, the son of Bakhtawar, fired two shots from his licensed gun, killing Gurcharan Singh. The accused pleaded private defence, claiming a reasonable apprehension of death or grievous hurt. The tri…

The appellant, a Railway Board employee promoted to Stock Verifier, received three advance increments for passing a prescribed examination. The Railway Board issued communications in 1995 and 1996 stating that such increments are "additional" and should not be treated as part of basic pay for calculating dearness allow…

Satish Narayan Sawant was accused of stabbing Rauji Dulba Sawant, resulting in the latter's death. The trial court acquitted all accused, but the High Court convicted Sawant under Section 302 IPC and sentenced him to life imprisonment. On appeal, the Supreme Court examined whether the FIR was tainted by Section 162 CrP…

The appellant, a Polish citizen, was caught at Chennai airport with large amounts of foreign currency and his passport was impounded. He was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) to prevent future smuggling, and he challenged t…

The Madhya Pradesh State Electricity Board (MPSEB) challenged two notifications issued by the Central Government fixing the dissolution date of the erstwhile MPSEB as 15‑Nov‑2000 and apportioning assets, rights and liabilities between MPSEB and the newly formed Chhattisgarh State Electricity Board (CSEB). MPSEB alleged…

The appellant B.S.N.L. entered into a works contract containing an arbitration clause that designated the Chief Engineer (or administrative head) of the Telecommunication/Postal Department to appoint the arbitrator. After the appellant’s Managing Director failed to respond to the respondent’s notice, the respondent fil…

The complainant filed a criminal complaint under sections 498‑A, 406, 341, 323 and 120‑B IPC and sections 3 and 4 of the Dowry Prohibition Act against her husband and his immediate relatives, including the married sister‑in‑law (Preeti Gupta) and the unmarried brother‑in‑law (Gaurav Poddar). The trial court issued summ…

The appellants, tenants of two 240 sq ft shops, were originally paying Rs 60 per month. After a landlord‑tenant dispute, the High Court Single Judge stayed their eviction and first raised the rent to Rs 600 per month (Sept 2005). In Feb 2007, following a landlord’s offer and the tenants’ acceptance, the Judge further i…

Rallis India Ltd. filed criminal complaints under Sections 138 and 141 of the Negotiable Instruments Act alleging that a partnership firm and its partners had issued dishonoured cheques. The complaint specifically stated that the respondents were partners who managed the day‑to‑day affairs of the firm, making their lia…

The case involved an altercation between two rival groups in which appellant No.1, Veeran, struck the deceased, Daddu, on the head with a gandasa, causing his death, while the other accused inflicted injuries on witnesses. The trial courts convicted all four surviving accused under Section 302/149 (murder) along with S…

The petition arose after a fire in a thatched‑roof school in Kumbakonam killed 93 children, highlighting the unsafe conditions of many Indian schools. The petitioner sought directions that every school provide education in safe premises, invoking Articles 21, 21‑A and 51‑A(k) of the Constitution. The Court examined whe…

The appellants, borrowers, appealed a decree of the Bombay High Court in a writ petition concerning a loan claim of Union Bank of India. While the appeal was pending, the parties reached a settlement whereby the appellants would pay Rs.3.10 crore in four installments, with an option to pay the full amount by 9 July 200…

The Supreme Court heard an appeal by Buddhist Mission Dental College & Hospital against an order of the National Consumer Disputes Redressal Commission that held the college liable for deficiency in service and unfair trade practice. The college had advertised that it was affiliated to Magadh University and recognized …

The dispute arose from a family arrangement and partnership deed concerning a cinema hall, where the appellant sought execution of an ex‑parte arbitral award dated 25 August 1999. The respondent contested the award, claiming he never received it and filed a Section 34 application beyond the 90‑day limit. The executing …

The appellant, Kanwarjit Singh Dhillon, filed a civil suit seeking a declaration that certain immovable and movable properties left by his father, the late S. Kirpal Singh, were joint Hindu family assets and an injunction restraining the respondent from alienating them. The respondent had obtained probate of an unregis…

The appellant, S.S. Chheena, a university security officer, was charged under Section 306 of the Indian Penal Code for allegedly abetting the suicide of a student, Saurav Mahajan, who had taken his life after a dispute over a stolen mobile phone. The suicide note recovered from the deceased blamed fellow students but m…

The appellant, a former director of R.P.S. Benefit Fund Ltd., filed a petition under Section 482 of the CrPC to quash criminal proceedings initiated under Section 420 IPC and Sections 3, 4, 5 and 6 of the Prize, Chits and Money Circulation Schemes (Banning) Act, 1978. The FIR alleged cheating by the company for failing…

Bata India Ltd., a footwear manufacturer, produced an unvulcanised sandwiched fabric assembly that it used internally as an intermediate material for making shoe uppers. The Commissioner of Central Excise treated this intermediate product as excisable "goods" under s.2(d) of the Central Excise Act, 1944 and demanded du…

The case involved two brothers who jointly owned a plot of land on which a building was constructed. The plaintiff claimed an equal share in the building, while the defendant asserted that he had borne the entire construction cost, amounting to Rs.55,000, and that the plaintiff was only entitled to that amount. The tri…

The State of Uttar Pradesh prosecuted Sukhpal Singh and others for offences under section 396 of the Indian Penal Code, alleging that on 1 September 1979 a group of armed men entered a house, fired indiscriminately, killed two persons and injured two others. Dying declarations of the deceased and statements of injured …

Milind Bhagwanrao Goose was convicted under Sections 498A (dowry harassment) and 306 (abetment of suicide) of the IPC for subjecting his wife Lata to extreme mental cruelty that led her to commit suicide by self-immolation on 9 October 1989. The deceased had repeatedly complained to her parents about the husband's dema…

The plaintiffs sued for a share in a property claiming it was a sub‑tarward asset governed by the marumakkathayam customary law. The trial court and the first appellate court held that the property was not partible, the parties were governed by the makkathayam law and the plaintiffs failed to prove their claim. The Hig…

The appellant, a Food Inspector with over 18 years of service, was transferred to Bhuj in 1999 but refused to report, remained absent for more than six months, threatened his superiors, used intemperate language and flouted orders. A disciplinary inquiry found him guilty of seven charges and recommended dismissal under…

The appellant contractor filed a petition under Section 8 of the Arbitration Act, 1940 seeking appointment of an arbitrator for claims exceeding Rs.50,000, which the State of Andhra Pradesh opposed on the ground of Government Order (GOM) No. 430, 24‑10‑1983, as clarified by GOM No. 160, 01‑06‑1987, that such claims mus…

P.D. Chacko worked as a full‑time menial in an aided school from 1968 to 1976, resigned and joined the Kerala government as a peon in 1976. He claimed that, under Kerala Service Rules (KSR) 1959 Rule 60(b), officers who were in "last grade service" on 7‑April‑1970 could retire at 60 years, and therefore he should be al…

The appellant, B.R. Surendranath Singh, a holder of a mining lease in Karnataka, alleged that about one lakh tonnes of iron ore found on his lease area had been illegally dumped by third parties and sought to prevent the Department of Mines and Geology from auctioning the ore. The Department seized the ore, identified …

The Gwalior Development Authority (GOA) auctioned a plot of nazul land and granted a 30‑year lease to Cine Exhibitors for a cinema hall. After the cinema licence was surrendered, the GOA terminated the lease and ordered possession, which the lessee challenged before the High Court. The Division Bench held the lessee co…

The appellant, appointed as a stenographer on an ad‑hoc, temporary basis in 1981, served continuously until he passed the required proficiency test in 1992 and was regularised. He sought seniority to be counted from his initial appointment, arguing that his uninterrupted service should be treated as regular. The Centra…

The New Okhla Industrial Development Authority (NOIDA) allotted land to several housing societies, including the Army Welfare Housing Organization (AWHO), under a 99‑year lease deed that required the societies to construct residential buildings. After the societies built the super‑structures, NOIDA issued notices direc…

The appellants filed a complaint under Section 21 of the Consumer Protection Act, 1986 alleging deficiency in service and medical negligence after the death of the husband who underwent adrenal surgery at Batra Hospital. The National Consumer Disputes Redressal Commission dismissed the complaint, finding no negligence.…

The appellant, RevaJetu Builders & Developers, filed a suit for recovery of sale consideration and possession of a property, later seeking to amend the plaint under Order VI Rule 17 of the CPC to declare the respondents as trespassers and obtain injunctions. The trial court allowed the amendment, but the Karnataka High…

Marathwada Gramin Bank was required to follow the Employees Provident Fund (EPF) Scheme from 1979, but between 1981 and 1993 it paid contributions in excess of the statutory amount under a self‑created trust scheme after obtaining an exemption from the Regional Provident Fund Commissioner. The exemption was withdrawn i…

The respondent filed a complaint before the Maharashtra State Consumer Dispute Redressal Commission alleging delay and damage to a consignment shipped by Ethiopian Airlines. The State Commission dismissed the complaint; the National Consumer Disputes Redressal Commission set aside that order and remitted the case for f…

The appellant Virendra Singh, along with his father Hakim Singh and brother Kamlesh, went armed to the house of Bhagirath to force him to reap their crop. When Bhagirath refused, the father and Virendra beat his son Baburam, and on the father's exhortation Kamlesh shot Bhagirath, causing his death. The trial court and …

The State of Haryana filed an appeal after the High Court, exercising its supervisory jurisdiction under Article 227, set aside the District Collector’s order directing Manoj Kumar to pay differential stamp duty on a commercial plot that had been sold at a price lower than the circle rate. The sale deed was executed fo…

The Central Excise Tribunal held that Lifelong Appliances Ltd. had complied with the requirement of not availing MODVAT credit on inputs used in the manufacture of goods that are exempt from excise duty. Accordingly, the Tribunal found the case to be covered by Rule 57-CC of the Central Excise Rules, 1944 and the prece…

The All Sikkim Youth Association filed a public‑interest writ petition under Article 226 alleging massive financial irregularities and misappropriation of funds by officials of the Sikkim Public Works Department (Roads and Bridges), seeking a CBI or CVC investigation. The High Court dismissed the petition, holding that…

The respondents were appointed as Assistant Computer Instructors on a purely temporary basis under a Community Polytechnics project funded by the Ministry of Human Resource Development. No vacancy had been advertised, nor was the post notified to the Employment Exchange, and the appointments were not made in accordance…

The appellant filed a suit and a temporary injunction application in the City Civil Court, Bangalore, seeking to restrain the respondents from constructing on the suit property. The trial court directed the parties to maintain the status quo, but the respondents moved to vacate this order, arguing that the same dispute…

The Supreme Court examined a dispute arising from the Mysore Inam Abolition Act, 1954, where two inamdars applied for occupancy registration of land that the State had meanwhile granted to a teachers' association (Sangha) for house sites. The inamdars settled their suit with the Sangha, withdrew their claim, and later …

Arulvelu and his father were charged under IPC s.304B and s.498A for allegedly forcing their wife Mangayarkarasi to commit suicide by demanding dowry. The trial court, after a detailed examination of the evidence and noting that the suicide note did not implicate any accused, acquitted them. The Madras High Court rever…

Two workmen were unloading maize from a tractor‑trailer into an underground storage bin when they fell into a pit while cleaning it and died of asphyxia. Their legal representatives filed claim petitions under the Motor Vehicles Act, 1988, and the Commissioner for Workmen's Compensation held United India Insurance liab…

India Meters Ltd., a dealer in electric meters, collected freight and insurance charges separately from its customers but omitted them from its declared turnover. The assessing authority treated 50% of these charges as part of the sale price and levied sales tax. The dealer appealed, arguing that under Rule 6(c) of the…

The appellant, a mother‑in‑law, threw a burning wick onto her daughter‑in‑law who was wearing terylene clothing, causing severe burns. The victim was hospitalized with about 60% burns and died after eight days due to septicemia, a complication of the injuries. The trial court convicted the appellant under Section 304 P…

Ganesh Gogoi was convicted by a Designated Court under Section 3(2)(i) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for the 1991 killing of Dinanath Agarwalla and sentenced to life imprisonment. The Supreme Court held that the prosecution offered no direct or material circumstantial evidence linki…

The case arose from a land dispute in which the victim Munshi Basiruddin, aged 78, was killed when bricks were thrown at him by the accused Naimuddin and Muslim Mian. The trial court convicted both under section 302 read with section 34 of the Indian Penal Code and sentenced them to life imprisonment. On appeal, the Su…

Jayabalan was convicted of murdering his wife Vasanthi after the High Court reversed a trial‑court acquittal. The prosecution proved that the couple’s relationship was strained, the husband had beaten the wife, poured kerosene on her and set her on fire, as corroborated by an oral dying declaration and the testimony of…

The Commissioner of Central Excise, Mumbai appealed against the Customs, Excise & Gold (Control) Appellate Tribunal’s order granting exemption to M/s National Organic Chemical Industries Ltd. for excise duty on ethylene and propylene used as captive refrigerants in its naphtha‑cracking plant. The issue was whether the …

The Supreme Court examined an Office Memorandum dated 19 October 1994 issued by the Ministry of Finance, which revised the pay scales of Draughtsmen Grade I, II and III in all Government of India offices. Draughtsmen had approached Central Administrative Tribunals and various High Courts seeking upgradation of their pa…

Major Charanjit Lamba, an officer of the Indian Army, was found guilty by a General Court Martial of falsely claiming transport charges for his household luggage and car, and later of failing to clear electricity dues after a remand. The Court sentenced him to dismissal from service, which he challenged on the ground t…

The case concerned three former Short Service Commissioned Officers who had joined the Indian Army after the period of emergency and were later appointed to the Uttar Pradesh Provincial Police Service. They claimed back‑service seniority and other benefits under the Uttar Pradesh Non‑technical (Class‑II) Services (Rese…

The appellant, an agriculturist, was convicted under Section 306 of the Indian Penal Code for allegedly abetting the suicide of his farm labourer, Ramulu, by accusing him of theft and demanding money. The prosecution relied on the testimonies of the deceased's father and mother, who claimed the harassment drove Ramulu …

The State of Uttar Pradesh prosecuted eighteen accused Thakurs for dacoity, abduction, and the murder of seven Harijan victims, of whom only two bodies were recovered and one survivor gave a dying declaration. The trial court convicted all accused under IPC ss.302, 149, 364 and 201, sentencing them to life imprisonment…

The appellant Sunil was convicted under IPC sections 363, 366A and 376 for kidnapping and raping a girl named Pinki. The central issue was whether Pinki was a minor at the time of the offence. The prosecution relied on a school leaving certificate and the father's approximate statement of age, while the medical examine…

The appellant Krishan Kumar Malik was convicted along with seven others for abduction (s.366 IPC) and gang rape (s.376(2)(g) IPC) based solely on the testimony of the prosecutrix PW‑9. The Supreme Court examined the credibility of her evidence, noting that she failed to name the appellant in the FIR, gave inconsistent …

The appellant, Joseph Salvaraj A., was charged under IPC sections 406, 420 and 506(1) for allegedly failing to pay Rs 10 lacs to a cable operator after promising to broadcast his channel "God TV" in Ahmedabad. The complainant, a mediator, lodged an FIR claiming the appellant had breached a contract, but no written agre…

The case arose from a long-running family dispute over a residential property where the appellants repeatedly filed suits and applications for over four decades, causing extensive delay and waste of judicial resources. The Supreme Court examined whether the trial courts should impose actual, realistic costs on parties …

The Supreme Court examined the conviction of thirteen accused for gang rape under IPC s.376(2)(g) based largely on the victim's testimony, her mother's statements, and semen‑stained underwear. The Court found that the victim showed no physical injuries, her statements were inconsistent, and her character was questionab…

The State of Uttar Pradesh prosecuted Santosh Kumar and others for the murder of Sunita, alleging dowry harassment. The trial court convicted Santosh Kumar under sections 302, 498‑A IPC and sections 3 and 4 of the Dowry Prohibition Act, acquitting him of section 304‑B IPC. The Allahabad High Court set aside the convict…

The Parsee Girls' School Association, a public trust, leased two floors of its school building to New India Assurance Company Ltd. (NIAC) in 1954. NIAC sub‑let the premises to the Ministry of Food and Civil Supplies, Government of Maharashtra in 1959 without the trust's consent. The trust sought recovery of possession …

The appellant, a Karnataka‑based incense‑stick manufacturer, adopted the mark "Eenadu" for its products and sold them in Andhra Pradesh. The respondent, a prominent Telugu newspaper and media group, claimed that the mark had acquired extraordinary reputation and goodwill in the state and that the appellant’s use amount…

The appellant, a Congress party member, was accused of instigating party workers to fire on BJP supporters, resulting in a murder eight days later. He applied for anticipatory bail under Section 438 of the CrPC, which the High Court rejected. The Supreme Court, relying on the Constitution Bench decision in Sibbia's cas…

The case arose from a long‑standing land dispute in which the deceased and his brother were assaulted, and subsequently PW‑6, an injured witness, was chased and assaulted by eight accused, sustaining grievous injuries. The trial court acquitted the accused of both the murder charge (s.302 IPC) and the grievous hurt cha…

The case arose from a partition suit concerning a commercial building, where the appellant, who was occupying the premises and operating a lodge, appealed the final decree that divided the property. The appellant sought a stay of dispossession pending the appeal, while the High Court had only stayed demolition of the b…

The petitioners, accused under the Prevention of Terrorism Act (POTA) and other offences, had their bail applications rejected by Special POTA Courts. The Supreme Court, upholding the constitutionality of sections 2(3) and 5 of the Prevention of Terrorism (Repeal) Act, 2004, deemed the POTA cases withdrawn. Consequentl…

The appellant Dhanapal and co‑accused were acquitted by the Sessions Judge of offences under IPC ss.307, 302 read with s.34. The Madras High Court set aside the acquittal, convicted them and imposed life imprisonment and five years. On appeal, the Supreme Court examined whether the High Court was justified in overturni…

The case arose from a road accident in which the respondent suffered a hairline fracture of the femoral neck. Dr. C.P. Sreekumar, the treating orthopaedic surgeon, initially immobilised the fracture but later performed a hemiarthroplasty after the fracture displaced. The respondent alleged medical negligence, claiming …

The property known as Katras House was requisitioned in 1942 for Army purposes under Rule 75A of the Defence of India Rules, which later became a requisition under the Requisitioning and Acquisition of Immovable Property Act, 1952. The Deputy Commissioner, Ranchi, transferred the requisitioned building to a civil surge…

The deceased Kamatchi committed suicide by hanging herself four days after being denied the use of a family car, an incident for which her husband and sister‑in‑law were initially charged under Sections 304‑B, 498‑A and 306 IPC. The appellants – the husband’s brothers and mother‑in‑law – were also charged under the sam…