G L OZA

Mohd. Akhtar Hussain was first convicted under the Gold (Control) Act, 1968 for possession of 7,000 tolas of foreign‑marked gold and sentenced to seven years' rigorous imprisonment with a fine. While serving that sentence, he was later convicted under the Customs Act, 1962 for smuggling gold worth Rs.12.5 crore and exp…

The appellants, liquor contractors, were required to pay an additional 7.5% mahua and fuel cess on contracts awarded by the Madhya Pradesh Government. The High Court declared the levy illegal in Surajdin (1960) and Doongaji (1962), but the Government continued to collect it, resulting in the appellants paying Rs.54,606…

Shad! Lal Sugar Mills Ltd. was assessed for the year 1958-59 with additions of Rs 48,500 for cane cost, Rs 67,500 for shortage and Rs 21,700 for out‑station staff salary. The assessee did not contest the assessment but later faced a penalty under s.274 read with s.271 of the Income‑Tax Act, 1961, after admitting that t…

The plaintiffs, K.P. Agarwala and others, claimed a homestead right over leasehold land based on a 1949 lease. The respondent, Bharat Coking Coal Limited, contended that the land formed part of a colliery that had vested in the Central Government under the Coal Mines (Nationalisation) Act, 1973, and that the lease was …

The petitioners were employees of the Gwalior and Northern India Transport Company (GNIT) who were employed before 28 October 1946 and continued in service after the company's takeover by the Government of India in 1948 and later by the Delhi Transport Corporation (DTC). Under clause 7 of the takeover agreement they we…

The appellant, a patwari, demanded Rs.200 for supplying copies of revenue records to a landowner, receiving Rs.50 in advance and promising the balance of Rs.150 on the registration date. The landowner paid the Rs.150 to the patwari, after which the Sub‑Divisional Officer, suspecting misconduct, laid a trap and recovere…

The trial court declared the marriage between Smt. Lata and her husband Vilas null under Section 12(1)(d) of the Hindu Marriage Act because the wife was pregnant by another man. While the wife appealed, the husband remarried, and the lower courts held the appeal infructuous, dismissing it. The Supreme Court examined wh…

The appellants, Darshan Singh and Buggar Singh, were convicted of murdering Mukand Singh, his wife Pritam Kaur and daughter Harbans Kaur. The prosecution alleged a property‑dispute motive, asserting that the accused sought to eliminate heirs to a share of agricultural land. The defence challenged the motive, the timing…

The appellants purchased land that had been leased to former Prime Minister Dewan Bishen Dass as a Wasidari lease under Ailan No. 10 and the Jammu & Kashmir Land Grants Act, 1960. The sale to the appellants in 1967 was made by the legal heirs without the required government permission, violating Section 12(A) of the La…

The petitioners' husband owned land exceeding the ceiling prescribed under the Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961. After a notice under s.7(2), the petitioners filed a statement of land to surrender, and the Revenue Divisional Officer approved the surrender under s.7(3), deeming the land surrende…

The case concerned an incident that occurred on 2 April 1974, for which a First Information Report was filed suo motu by the police in November 1977, more than three years later, based on a Commission of Inquiry report. The victims of the alleged injuries were themselves produced before the Judicial Magistrate on 3 Apr…

The Delhi Water Supply and Sewage Disposal Committee appointed several Assistant Engineers as Executive Engineers on a one‑year ad‑hoc basis, after which their services were regularised on 8 January 1971. The seniority list prepared by the Undertaking excluded the ad‑hoc period and was based solely on the rankings in t…

The plaintiff sought a one‑third share in the immovable and movable property of the deceased Gurappa. The defendants included Gurappa's first wife, his daughters, and a fourth defendant who claimed to be Gurappa's lawful wife under the customary Udiki marriage after a prior marriage to Gurulingappa was dissolved. The k…

After the integration of the princely State of Jodhpur, the former ruler’s private property, including the Umaid Bhavan Palace, was listed as Category C in the 1949 inventory. The Rajasthan Land Reforms and Acquisition of Land‑Owners’ Estate Act, 1963 issued a notification vesting all estates of land‑owners in the Stat…

The respondent, an accounts clerk at Bank of India, obtained a withdrawal form bearing forged signatures of account holder V. Suryakantam, presented it to the bank, withdrew Rs.6,000 and pocketed the money, signing the acknowledgment on the reverse. The trial court convicted him under sections 420, 467 read with 109, a…

The respondent was detained under the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 and the matter was referred to an Advisory Board. The Board heard senior police officials representing the State but denied the detainee any assistance of a lawyer or a ‘friend’, despite th…

The Bench Secretaries of the Allahabad High Court were split into Grade I and Grade II, with the former receiving a higher pay scale, while all performed the same duties. They challenged this bifurcation before the High Court, arguing that it violated Articles 14 and 39(d) of the Constitution guaranteeing equal pay for…

Ashok Kumar was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on allegations of illegal foreign‑currency and gold transactions. The grounds of detention were served on 21 March 1987, but the material documents on which the Detaining Authority relied…

The case arose from suo moto proceedings initiated by a revenue officer under Section 44(2a) of the West Bengal Estates Acquisition Act, 1953, which were reopened after a High Court order in 1982. Ashit Nath Das appealed the final order before the 9th Additional District Judge and, after obtaining the opinion of the Ad…

The Union of India appealed a Bombay High Court judgment that had quashed an order dividing electoral constituencies for the election of a Works Committee under the Industrial Disputes (Central) Rules, 1957. The order sought to create multiple constituencies to represent various sections of workers, even though the M.T…

The State of Uttar Pradesh appealed to the Supreme Court under Article 136 against the Allahabad High Court's acquittal of Anil Singh, who had been convicted by the trial court for the murder of his former classmate Keshav Kumar. The High Court had dismissed the prosecution's case, disbelieving the three eyewitnesses o…

Smt. Ram Lubhai, a minor daughter of the vendor, sued three brothers for possession of land on the basis of a pre-emption right. Only one brother, Kewal Ram, was served; the other two brothers were served by substituted service and a decree was passed ex parte against them. The brothers appealed, but were not properly …

Seven accused were convicted of offences including attempt to murder (s.307/149 IPC) and assault (s.325/149, s.323/149, s.148 IPC). The High Court acquitted them of the attempt to murder charge, released them on probation under s.360 CrPC, and ordered each to pay Rs.2,500 compensation to the victim Joginder, who suffer…

India Cements Ltd., a manufacturer of superfine cement, claimed a refund of Rs 22,43,002.09 paid as excise duty on the cost of packing material between July 1974 and March 1975, asserting that such duty was not leviable. The department rejected the claim, holding that the payment was not made under protest and therefor…

The appellants, Kotaiyan and others, were recognized as protected tenants of agricultural lands originally held by Rev. Rutar Ford Padri and Vandru Padri. The lands were later transferred to the Property Association of Baptist Churches (Pvt.) Ltd. (the Association) without offering the tenants a first right of purchase…

The Anand Mukta Smarak Trust, a public trust running an aided science college in Ahmedabad, closed the college and failed to pay arrears of salary, provident fund, gratuity and closure compensation to 11 retrenched teachers. The teachers filed writ petitions under Article 226 seeking mandamus to compel payment. The Tru…

The State of Bihar issued a notification requiring carriers transporting goods exceeding a specified quantity to carry Forms XXVIII A or XXVIII B as permits for verification and assessment of sales tax. Harihar Prasad Debuka, a registered dealer, was penalised for not correctly completing the form and challenged the no…

The appellant, S.K. Majumdar, inherited land granted to his father as a gallantry award in Lyallpur before 1950. After partition, the family received 69 acres of compensation land in Jullundur district, of which 19 acres were occupied by the respondent as a tenant. The respondent applied under Section 18 of the Punjab …

The appellant owned land on the banks of the Tapti River that the State of Gujarat sought to acquire under the Land Acquisition Act, 1894 for extending the village of Bhairav to house twelve families displaced by floods. After objections were filed, a preliminary notification under s.4 and a final acquisition order und…

Aphali Pharmaceuticals Ltd. manufactured an Ayurvedic product called "Ashvagandharist" which contained self‑generated alcohol but was not consumable as an ordinary alcoholic beverage. The company had previously enjoyed exemption from excise duty under item 3(i) of the Medicinal and Toilet Preparations (Excise Duties) A…

The Assam Rashtrabhasha Prachar Samiti, a registered society promoting Hindi, was managed by elected bodies until a 1983 amendment removed the Chief Minister as ex‑officio president. In 1984 the Chief Minister invoked emergency powers, dissolved the elected committees and formed an ad‑hoc board, after which the Governo…

The petitioner, a laboratory attendant deputed to the City Improvement Trust, had his deputation extended until 31-10-66 with a clear notice that no further extension would be granted. He later sought to remain in the Trust, but no order was issued. After the Trust merged with the Kerala State Housing Board, the Direct…

Dr. (Mrs.) Vijaya Manohar Arbat, a married medical practitioner, was sued by her father, Kashirao Rajaram Sawai, for maintenance under Section 125(1)(d) of the Criminal Procedure Code, 1973, on the ground that he could not maintain himself. The trial magistrate and the Bombay High Court held the application maintainabl…

The respondent, B. Basavalingappa, was appointed as a workshop mechanic and later promoted to workshop instructor in the Mysore State. When pay scales were revised in 1961, diploma holders were placed in a higher scale (Rs.150‑320) than certificate holders (Rs.150‑250), and a further revision in 1964 gave a still highe…

The case concerned a dispute over a parcel of land that was originally transferred by oral agreement on 10 July 1946 and later by a deed that remained unregistered due to the owner's death. The original purchaser, Varada Reddi, occupied the land under the belief that a formal sale deed would later be executed, while th…

The Supreme Court considered the case of two former employees of Nari Niketan, an institution fully funded and controlled by the Delhi Administration, who after the institution’s takeover in 1979 were absorbed into the Delhi Administration’s service on the same pay scale. Upon retirement they were denied pensionary ben…

The Bareilly Development Authority (BDA) advertised housing units with estimated costs and reserved the right to alter terms in its brochure. Applicants registered, paid deposits, and later received notices that the cost and instalment rates were substantially increased. Most applicants gave written consent to the revi…

The Bihar State Electricity Board (BSEB) entered into a supply agreement with Dhanawat Rice and Oil Mills containing clauses for a constant supply of electricity, a minimum‑guarantee payment and a provision for proportionate reduction if supply was prevented by causes beyond the Board’s control. The Board billed the co…

The State of Karnataka appealed against the Karnataka High Court's order quashing the conviction of Kuppuswamy Gounder for murder and assault. The High Court had set aside the conviction on the ground that the case had been transferred among Sessions Judges without a formal order under s.407 CrPC and that the trial was…

The appellants, owners of an industrial concern, obtained a loan of Rs.60,000 from the Bank of Mysore Ltd. under the Mysore State Aid to Industries Act, 1951, with the State of Karnataka acting as surety and guarantor. The loan was secured by a simple mortgage executed by the appellants in favour of the State and a dee…

K.S. Subramanian, a permanent civilian worker in the Defence Department, was terminated under Article 310 of the Constitution without cause. He sued for a declaration of illegal termination and damages, obtaining a decree for Rs.25,000 which was affirmed by the High Court. The Supreme Court examined whether Article 311…

The respondent, Prem Behari Khare, sued to be declared the sole owner of a suit house, alleging the appellant, Mithilesh Kumar, held the property benami. Trial and appellate courts upheld the respondent's claim, finding the house purchased by the respondent and held benami in the appellant's name. While the appeal was …

Padmanabha Padhy was appointed as a lecturer in D.A.V. College on 26 July 1971 on probation and was terminated by a letter dated 28 March 1972 effective 30 April 1972. He filed a writ petition under Article 226 challenging the termination, contending that only the Governing Body, not the Principal, could dismiss him. T…

The respondent, an officer of State Bank of Bikaner & Jaipur, retired at the statutory age of 58 and sought an extension of service under Regulation 19(1) of the Bank's Officers' Service Regulations, 1979. The Bank refused, citing lack of continued utility, good health, and integrity, and the High Court dismissed his p…

The Government of Maharashtra issued a draft notification under Section 3(3) of the Bombay Provincial Municipal Corporation Act, 1949 to create Kalyan Corporation by merging Kalyan, Ambarnath, Dombivali and Ulhasnagar. After receiving numerous objections, only the All India Sindhi Panchayat Federation was granted a per…

The appellants, manufacturers of metallic yarn, entered into a contract with the respondent that included clause 11 stating that any dispute would be subject to the jurisdiction of the Kaira court. The respondent sued the appellants in the Subordinate Judge's court at Salem for unpaid amounts and damages. The trial cou…

Smt. Pujari Bai, a displaced person, was allotted agricultural land and on 29 April 1963 received a permanent Sanad under Section 10 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954, conferring absolute title. Later, during consolidation proceedings under the East Punjab Holdings (Consolidation and Pr…

The case involved the murder of Smt. Dhaka, a widow, for which five persons were tried. One accused, Mam Chand, turned approver, and the prosecution relied solely on his testimony and on the recovery of articles, with no direct evidence linking the accused to the crime. The trial court convicted all accused, and the Hi…

The case concerned a widow, Smt. Yashoda Bai, who owned her late husband's immovable property and later adopted a son, executing an unregistered deed of adoption that purported to divest her of any right to alienate the property. She subsequently executed a registered sale deed in favour of the appellant, who sued for …

The appellants challenged the order of the Deputy Director of Consolidation that evicted them from land, invoking Section 209 of the Zamindari Abolition and Land Reforms Act. The Allahabad High Court allowed the writ petition, holding that the respondents had been in possession since May 1958 and that the six‑year limi…

A complaint was filed against K. Ch. Prasad, an officer of a nationalised bank, under IPC sections 120(b), 467 and 471. The appellant objected that the prosecution could not proceed without prior sanction under CrPC section 197, arguing that he was a public servant whose removal required government sanction. The Metrop…

Twenty‑five accused were tried for dacoity and murder under Section 396 of the IPC. Eye‑witnesses claimed to have identified the accused in lantern light, and the prosecution evidence was attributed to different accused. The Sessions Judge discarded the prosecution evidence and acquitted all accused. The State of Bihar…

In 1968 the respondents obtained land grants from the U.P. Bhoodan Yagna Samiti under Section 14 of the U.P. Bhoodan Yagna Act, 1952. The Additional Collector later cancelled these grants, holding that the respondents were not "landless persons" as intended by the Act because they were businessmen residing in Kanpur, o…

The Corporation of the City of Bangalore published a notice under Section 98(1) of the City of Bangalore Corporation Act, 1949 inviting objections to a proposed octroi levy on certain items. After receiving objections, the Corporation placed them on the table, circulated a Commissioner’s note analysing them, and on 30 …

The appellants' land in Hasanapur, Karimnagar was acquired for the Lower Manair Dam project under the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded compensation of Rs.1,320 to Rs.4,000 per acre, which the District Judge enhanced to Rs.85,000 per acre under Section 18. The Andhra Pradesh Hig…

The petitioners, convicted of murder and sentenced to death, sought commutation to life imprisonment on the ground of an inordinate delay in execution. The Supreme Court examined conflicting precedents on whether a two‑year rule or any fixed period of delay makes a death sentence inexecutable. It held that only the del…

Two Delhi Police personnel, Ram Ratan (Head Constable) and Hawa Singh (Constable), were arrested for assaulting a rickshaw puller and seizing TV parts, offences under IPC sections 392 and 34. While the criminal case was pending, the Commissioner of Police detained them under Section 3(2) of the National Security Act, 1…

The appellant, I.T.C. Ltd., chartered two imported fishing trawlers from the respondents but later claimed the vessels were defective and that the charter party was void due to a mutual mistake about the refrigeration system and alleged violation of import licence conditions. The respondents filed an application under …

Testees Ltd. entered into contracts with Malaysia's National Electricity Board for transmission towers and registered them under the 1969/1970 cash‑assistance scheme. The company received assistance for some contracts but was denied for later contracts, the government arguing that exports made after the dates prescribe…

A public interest writ petition under Article 32 sought enforcement of Articles 14 and 21 for juvenile delinquents, alleging denial of rights under the Juvenile Justice Act, 1986. The Supreme Court, having previously issued directions for implementation, was asked to order the setting up of Advisory Boards at both Stat…

The appellants, Sardar Hussain and a co‑accused, were charged with murdering Islam, the younger brother of PW 1, to conceal a fraudulent sale deed that purportedly transferred Islam's land to the wife of appellant No. 1. The prosecution relied solely on circumstantial evidence: a motive derived from the alleged fraud, …

The appellant, a former civil engineer of the erstwhile State of Junagadh, was compulsorily retired in 1961 and later deemed to have served until 1964 following a Supreme Court order. After his retirement, the Gujarat Government reduced his pension and gratuity by 50% under a show‑cause notice, invoking Rules 188 and 1…

The Supreme Court clarified the procedure for appointing members of Administrative Tribunals under the Administrative Tribunals Act, 1985. It held that recruitment to the Central Administrative Tribunal must be overseen by a High‑Powered Selection Committee headed by a sitting Supreme Court judge nominated by the Chief…

The case arises from the assassination of Prime Minister Indira Gandhi on October 31, 1984, by her security guards Beant Singh and Satwant Singh. The trial was held in Tihar Jail pursuant to a High Court notification. The Supreme Court considered whether the trial in jail violated the right to open public trial, whethe…

The appellants, P.C. Dalui and others, held a lease dated 26 September 1946 for an initial ten‑year term with contractual options to extend the lease for two further five‑year periods and a final one‑year period upon payment of enhanced rent. They exercised the two five‑year extensions but did not take the one‑year ext…

The Madhya Pradesh Town Improvement Trust acquired 152 acres of land, including 12.62 acres owned by Suresh Kumar, under Section 68 of the Town Improvement Trust Act. The Trust offered compensation that the appellant challenged, leading the Compensation Tribunal to award modest sums and the High Court to raise the land…

RibTapes (India) Pvt. Ltd. imported 27 knitting machines in 1972 under a licence. Customs authorities held the machines were reconditioned and that the declared price (Rs. 77,441) was far below the actual value (Rs. 2,98,359). The Collector of Customs found the company in breach of sections 111(d) and 111(m) of the Cus…

Makhan Singh was convicted under IPC sections 302 and 201 for the murder of his father Banta Singh and grandson Seva Singh, based on alleged motive over land, a claim that he was the last person seen with the victims, an extra‑judicial confession to Amrik Singh, a statement under Evidence Act s.27 that led to the disco…

Jitendra Nath Biswas, an employee of Empire of India & Ceylon Tea Co., was dismissed after a domestic enquiry for alleged misconduct. He filed a civil suit in the Munsiff Court seeking reinstatement, back wages and an injunction against the dismissal. The respondents contended that such relief was exclusively available…

The appellant, a transporter, brought goods into Delhi without paying the required terminal tax and was levied a penalty of ten times the tax under Section 464 of the Delhi Municipal Corporation Act, 1957. He challenged the demand by filing a writ petition, but the Delhi High Court upheld the penalty, holding that it c…

Mahesh Travels & Tours and other launch operators ran joy‑rides from the Gateway of India to Elephanta Island. A cooperative association of launch owners used a voluntary roster to avoid competition, but the appellants were excluded. The Deputy Conservator of Bombay Port Trust, on police direction, imposed a compulsory…

The appellant purchased a property by a registered sale deed in 1950 and the respondent entered into a rent agreement with her in 1951. In 1974 the respondent sued for conveyance of the property based on an alleged handwritten 'yadast' by the appellant's mother, which was unstamped, unregistered and later found to be f…