DEEPAK GUPTA

The appellants filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging a decree. The High Court admitted the appeal but did not frame any substantial question of law before hearing, and only mentioned such questions in the judgment. The Supreme Court held that this procedure violates t…

M.C. Mehta filed a writ petition under Article 32 seeking a ban on the sale and registration of commercial vehicles that do not meet Bharat Stage‑IV (BS‑IV) emission standards from 1 April 2017, arguing that such vehicles pose a serious health hazard. The manufacturers contended that they were entitled to sell the exis…

The Supreme Court examined the scope of Sections 15‑J and 15‑A to 15‑HA of the Securities and Exchange Board of India Act, 1992 in a series of appeals arising from penalties imposed on Bhavesh Pabari, Shree Radhe and other respondents for violations of SEBI regulations. The principal issue was whether the factors liste…

The Supreme Court entertained a writ petition under Article 32 seeking implementation of various protective measures for children under the Juvenile Justice (Care and Protection) of Children Act, 2015. The Court noted that the Ministry of Women and Child Development was still preparing a Standard Operating Procedure (S…

The case arose from a violent incident that followed a failed Panchayat meeting intended to settle a family dispute. The victim, Saroja, was attacked by several accused who were armed with sickles, an iron pipe and wooden staffs; she died from a severe head wound. The High Court convicted A-1 and A-2 under Section 302 …

The appellant and respondents were in dispute over the allocation of water to their agricultural fields. The appellant first approached the authorities under the Rajasthan Irrigation and Drainage Act, 1954, but lost, and subsequently filed a suit in the civil trial court challenging the order of the appellate authority…

The Bihar State Electricity Board (BSEB) disconnected the high‑tension electricity supply to Iceberg Industries Ltd. after the company failed to pay the Annual Minimum Guarantee (AMG) and other charges, despite the company’s request for payment in instalments and a stay order from the Consumer Grievances Redressal Foru…

Aishwarya Atul Pusalkar, the wife of respondent No.8, sought a writ directing the Maharashtra Housing and Area Development Authority (MHADA) to re‑house her in two flats (Nos. 601 & 602) of the redeveloped building, which she claimed as her matrimonial home. The High Court dismissed the writ, holding that the matter wa…

The Commercial Taxes Officer challenged the exemption claimed by M/s Bombay Machinery Store under Section 6(2) of the Central Sales Tax Act, 1956, arguing that the State’s circulars imposed a 30‑day time‑limit after which goods retained by a carrier were deemed to be constructively delivered, converting the inter‑state…

The Supreme Court entertained a suo motu contempt petition filed against Vijay Kurle, Rashid Khan Pathan and Nilesh Ojha for circulating letters containing scandalous and scurrilous allegations against two Supreme Court judges. The Court examined whether it could initiate contempt proceedings without the consent of the…

The Steel Authority of India Ltd. (SAIL) imported plant equipment under two contracts that also included fees for basic design, engineering, and foreign supervision. The customs authorities added these fees to the assessable value of the equipment under Rule 9(1)(e) of the Customs Valuation Rules, 1988, treating the co…

The Supreme Court examined disciplinary proceedings against a district judge who was charged with granting bail without noticing a High Court order and for closing evidence in an NDPS case without ensuring witness production. The Court held that Article 235 vests control of subordinate courts in the High Courts, but di…

The petitioners challenged a 2016 Maharashtra tender for supplying ready‑to‑cook food to Anganwadi centres, alleging that the tender’s conditions – mandatory use of extrusion technology, a turnover threshold of Rs 1 crore and requirement of automated production units – were arbitrary and excluded Mahila Mandals and sel…

The appellants Imrat Singh and others were convicted by the trial court and the High Court for offences under Sections 148, 149 and 302 of the Indian Penal Code based primarily on the testimony of two eye‑witnesses, PW‑10 and PW‑11. On appeal, the Supreme Court examined the statements of these witnesses and found numer…

The Municipal Corporation of Greater Mumbai demolished a building allegedly constructed without permission, but failed to follow the statutory notice procedure under the Mumbai Municipal Corporation Act. The High Court had ordered the owner to rebuild the structure, prompting the corporation to appeal. The Supreme Cour…

The Supreme Court examined whether the phrase “any property” in Section 102 of the Code of Criminal Procedure, 1973 includes immovable property. It held that the provision confers power only to seize movable property, as the word “seize” implies taking physical custody, which is impossible for immovable assets. The Cou…

The State of Goa sought to enforce conversion charges on Dr. Alvaro Alberto Mousinho de Noronha Ferreira for converting agricultural land to non‑agricultural use. The dispute centered on whether the charges should be calculated using the rates in force at the time of the application (8 March 2013) or the rates applicab…

The Bihar Industrial Area Development Authority (BIADA) allotted industrial land at subsidised rates and later, after a leaseholder transferred the land, sought to recover the unearned increase in value. The Supreme Court examined whether the authority could charge the increase based on the market (circle) rate rather …

Silppi Constructions Contractors submitted technical bids for two government tenders but their bids were rejected on the ground that they failed to meet eligibility criteria and that adverse remarks against their sister company were taken into account. The petitioner appealed the rejection, but the appellate authority …

The Foundation for Organizational Research and Education Fore School of Management applied to AICTE for an extension of existing seats and an increase in seats; AICTE granted the extension but rejected the increase. Despite lacking permission, the institution admitted 42 students beyond the sanctioned intake and subseq…

The Education Promotion Society for India sought a general extension of time for counselling for postgraduate medical courses, arguing that over a thousand seats were vacant across medical colleges and deemed universities. Relying on a 2017 Supreme Court order that allowed mop‑up counselling for unfilled super‑speciali…

The Kerala State Electricity Regulatory Commission issued a tariff notification that placed Self‑Financing Educational Institutions (SFEIs) under the "commercial" tariff category, imposing higher rates than those applicable to government‑run and aided institutions. The SFEIs challenged the classification on grounds of …

The Supreme Court examined a dispute where a mother, Yashita Sahu, took her US‑born daughter to India in violation of a consent order of the Norfolk Juvenile Court, which had granted shared parenting. The father filed a writ of habeas corpus in the Rajasthan High Court seeking the child's return, and the High Court ord…

The Jharkhand Public Service Commission (JPSC) advertised the Jharkhand Eligibility Test (JET) to determine eligibility for lecturer appointments, requiring candidates to secure 50% in Papers I and II before attempting Paper III. The petitioner obtained the required 50% in Papers I and II but failed to meet a 60% cut‑o…

The plaintiffs filed a suit under Section 92 of the Code of Civil Procedure seeking a scheme for the management of a Gurudwara, alleging it to be a public place of worship. The appellant‑defendant contended that the Gurudwara was private property owned by his father, a Mohtmim, and argued that the suit was not maintain…

The State of Maharashtra appealed against the High Court’s order that the entertainment duty payable by Pan India Paryatan Ltd., an amusement park, for the fourth and fifth years of operation should be 3.75% of the ticket value, calculated as 50% of the duty under Section 3(2). The Supreme Court examined the definition…

Dr. Meeta Sahai, a former Army Medical Corps doctor, applied for a General Medical Officer post in Bihar but was denied marks for work experience because the advertisement limited such experience to hospitals run by the Government of Bihar. She challenged this restriction, arguing that the Bihar Health Service (Appoint…

The appellants, a group of educational societies running D.A.V. colleges and schools, challenged the applicability of the Right to Information Act, 2005, arguing that they were not public authorities because they were NGOs not substantially financed by the government. The central issue was whether NGOs that receive sub…

The Bank of Baroda sought to enforce a London decree against Kotak Mahindra Bank under Section 44A of the CPC, filing the execution petition 14 years after the decree. The trial court dismissed the petition as time‑barred, applying the 12‑year period of Article 136 of the Limitation Act. On appeal, the Supreme Court ex…

The appellants were stopped by police in Gujarat and found in possession of prohibited firearms, leading to an FIR under the Arms Act and a concurrent charge under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). The prosecution sought to add a TADA offence after obtaining sanction from the Distri…

The petitioners, licensed dealers of the old grain market, sought allotment of plots in a newly created market after the old market was de‑notified. Their applications were rejected, leading to writ petitions. The Punjab High Court initially denied relief (2010) but later granted some relief (2015‑16). The appellants c…

The appellant, a Judicial Magistrate, was suspended and later dismissed for passing orders favoring the clients and relatives of a lady lawyer with whom he had a close personal relationship. The Supreme Court examined whether such conduct, deemed a form of non‑monetary gratification, justified dismissal under Maharasht…

A claim petition before a Motor Accident Claims Tribunal (MACT) was filed with a vakalatnama signed by two advocates, Mr. R.M. Singh and Mr. D.K. Saxena. After a settlement, the MACT held that the compromise could be filed only through Mr. Singh because of a fee dispute, effectively rejecting the filing by Mr. Saxena. …

The Supreme Court examined applications seeking de‑sealing of residential premises that had been sealed for non‑industrial commercial use under the Monitoring Committee's orders. The applicants, wishing to use the premises solely for residential purposes, argued that filing appeals before the statutory appellate tribun…

The petitioner sought enforcement of a Singapore arbitral award of about Rs.3,500 crore against respondents who owned Fortis Healthcare. The Supreme Court had earlier ordered a status‑quo on 11 August 2017, clarified on 31 August 2017 and modified on 15 February 2018, prohibiting any change in the shareholding of Forti…

The State of Chhattisgarh enacted the Chhattisgarh Rent Control Act, 2011, establishing a Rent Controller and a Rent Control Tribunal. Section 13 of the Act provides that an aggrieved party may appeal a Tribunal order directly to the Supreme Court. The petitioner challenged this provision as unconstitutional. The Court…

The Supreme Court, hearing a public‑interest writ petition (Writ Petition (Civil) No. 406 of 2013) on the inhuman conditions in 1,382 Indian prisons, examined the high incidence of unnatural deaths, especially suicides, in custodial settings. Relying on the International Committee of the Red Cross guidelines, the Court…

The appellant, M/s Nola Ram Dulichand Dal Mills, challenged a 2009 circular that clarified exports by 100% Export Oriented Units (EOUs) were ineligible for duty credit under the Vishesh Krishi Upaj Yojna scheme for 2006-07. The High Court dismissed the writ, and the Supreme Court examined whether the circular amounted …

The case concerned the succession of property belonging to a Goan domicile, Joaquim Mariano Pereira, who had bequeathed a Bombay immovable to one daughter while the other two daughters contested the applicability of the Portuguese Civil Code, 1867, to that property. The dispute centered on whether the Portuguese Civil …

The National Commission for Protection of Child Rights (NCPCR) took cognizance of media reports of large‑scale child trafficking in Jalpaiguri, West Bengal, and sought information from the state police and the West Bengal Commission for Protection of Child Rights (WBCPCR). The Additional Director General of Police (ADG…

The Supreme Court, hearing a writ petition under Article 32, examined the severe air and water pollution in Delhi and the National Capital Region, identifying stubble burning, construction and demolition activities, open waste dumping, unpaved roads, garbage burning and traffic congestion as major contributors. It held…

The suit concerned a three‑storeyed house in Almora originally owned in equal shares by three brothers. Over time the shares were transferred, mortgaged and eventually redeemed, resulting in the appellant (Mohan Chandra Tamta) becoming the full owner. Defendants 1 and 2, who were tenants, claimed the property belonged …

Wing Commander S.P. Rathore, an Air Force officer, retired on superannuation with a disability assessed at less than 20% and applied for a disability pension. The Armed Forces Tribunal granted the pension by applying the rounding‑off provisions of Para 7.2 of the Ministry of Defence circular. The Union of India appeale…

Mohinder Kaur, predecessor‑in‑interest of the appellants, agreed to sell agricultural land to Bahadur Singh, predecessor‑in‑interest of the respondents, for Rs.5,605 with Rs.1,000 paid as earnest money. Possession was handed over to the buyer, and the agreement stipulated that if the pending litigation on the title was…

The petitioners, Goel Ganga Developers India Pvt Ltd, filed an interlocutory application challenging the Supreme Court's interpretation of "built up area" under Item 8 of the Environment Impact Assessment (EIA) Notification dated 14 September 2006. They argued that the Court should have considered a three‑Judge Bench d…

The Environment and Consumer Protection Foundation filed a writ petition under Article 32 seeking directions for the Union of India and the State of Uttar Pradesh to rehabilitate widows living in Vrindavan, citing a newspaper article that highlighted their deplorable conditions. The Court noted that widows constitute a…

A juvenile aged between 16 and 18 was alleged to have committed homicide under IPC section 304, an offence with a maximum punishment of life imprisonment but no prescribed minimum sentence. The Juvenile Justice Board classified the offence as "heinous" and ordered the juvenile to be tried as an adult, a decision later …

Balkrishna Ram, a candidate for armed forces service, was discharged after failing the aptitude test and height criteria. He appealed the discharge before the Allahabad High Court, and the matter proceeded to a single judge. The appellant contended that the intra‑court appeal against the single judge’s order should be …

Aftaruddin, an under‑raiyat, allegedly executed a sale deed on 11‑Jan‑1971 transferring his suit land to Mamataj Begam, the daughter of the raiyat Sayed Jama Kazi. The deed described Aftaruddin as a raiyat, apparently to evade the prohibition under Section 108 of the Tripura Land Revenue and Land Reforms Act, 1960 whic…

The Supreme Court examined a series of appeals concerning the conflict between the Architects Act, 1972 and the All India Council for Technical Education (AICTE) Act, 1987 over who has the final authority to approve and monitor architectural education institutions. The Court held that the 1972 Act, which specifically d…

The Supreme Court entertained Writ Petition (Civil) No. 406 of 2013, which highlighted inhuman conditions in 1,382 Indian prisons, including severe overcrowding, staff vacancies, lack of SOP for Under‑Trial Review Committees, and special concerns for women prisoners and open prisons. The Court noted a draft Standard Op…

The State of Gujarat awarded a contract to Amber Builders for highway work, which the contractor completed but later faced a claim of defective repair and a demand for Rs.1.09 crore. The State issued a notice seeking payment, which the contractor challenged in the Gujarat High Court, leading to a writ petition that was…

The Supreme Court examined a dispute where Infinity Infotech Parks Ltd., the lessee of a building, had sub‑leased the entire 16th floor to Shiva Jute Mills Ltd., the sub‑lessee, who failed to pay any lease rent, maintenance or electricity charges for over seven years. The Calcutta High Court had ordered the lessee to r…

The mother filed a habeas corpus petition seeking custody of her minor daughter, but the Allahabad High Court dismissed the petition and granted only two hours of visitation per month at the District Legal Services Authority office. The mother appealed to the Supreme Court, arguing that such limited and formal visitati…

The appellant was convicted under the Prevention of Food Adulteration Act, 1954 for selling milk whose Milk Solid Non‑Fat (MSNF) content was 7.7%, below the statutory standard of 8.5%. He argued that the delay in analysis caused a marginal shortfall, that he was denied the right under Section 13(2) to have a second sam…

The Intelligence Officer seized a Toyota Qualis carrying 7.4 kg of heroin after receiving a tip that the appellant had arranged its transport. The only evidence linking the appellant to the offence was a co‑accused’s statement that a person identified as ‘M’ from Bombay handed the heroin to a third person ‘N’, who then…

The case concerned the rehabilitation of about 800 slum dwellers in Mumbai who owned the land through a cooperative society. Susme Builders (the appellant) and J.G. Developers (respondent No.4) each claimed to have the consent of at least 70% of the eligible slum dwellers required under the Development Control Regulati…

R. Thiyagarajan, a constable in the Central Industrial Security Force (CISF), was sent to the National Disaster Response Force (NDRF) in 2008 and sought deputation and special allowances after his tenure ended in 2011. The Union of India contended that he was never on deputation because his control and pay remained wit…

Lt. Col. Sameer Singh, an Indian Army officer, was posted to the Directorate General Quality Assurance (DGQA) and later considered for Permanent Secondment. His case was evaluated by the Quality Assurance Selection Board (QASB) in February 2016, and he was not recommended because his Technical Assessment Reports (TARs)…

The Supreme Court examined a massive illegal mining scandal in Odisha involving 187 iron and manganese ore leases, many of which operated without environmental or forest clearances, exceeded mining plans, or violated statutory provisions. The Court rejected the lease‑holders' claim that the Justice M.B. Shah Commission…

Satish Ukey filed a criminal complaint under Section 125-A of the Representation of the People Act, 1951 alleging that MLA Devendra Fadnavis concealed two criminal cases in his Form‑26 affidavit, where cognizance had been taken by the courts. The trial court dismissed the complaint, a Sessions Court remanded it for fre…

The assessee, M/s. Uni Products India Ltd., manufactured textile car mats and cleared them under heading 570390.90, attracting an 8% excise duty, whereas the revenue argued they should fall under heading 8708.99.00 as parts and accessories of motor vehicles, attracting a 16% duty. The Commissioner issued three show‑cau…