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156 judgments · newest first · showing 1–156
The Supreme Court examined an appeal by the Shiromani Gurudwara Prabandhak Committee challenging a High Court decision that had been referred to a third judge on a difference of opinion. The Court held that, under the Letters Patent governing the Punjab & Haryana High Court, a third judge may be …
The Supreme Court examined whether officers of public sector undertakings and government companies, which may be deemed "State" under Article 12 because of deep governmental control, fall within the definition of "public servant" for the purposes of Section 197 of the Criminal Procedure Code (CrPC). …
The Maharashtra Government issued the 1984 Maharashtra Sugar Factories (Reservation of Areas and Regulation of Crushing and Sugarcane Supply) Order to zone sugarcane supply to factories. In 1997 it amended clause 3(2) to allow non‑co‑operative growers to sell to any factory and to bind cooperative …
The father of the appellant executed a will that was purportedly attested by five persons; only two actually signed, while three "Nishanis" neither signed nor affixed a thumb impression. One of these, identified as DW‑2, claimed to have attested the will but his name was written by a scribe on his …
The appellants were convicted under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and several sections of the Indian Penal Code for setting fire to a Hindu house after the demolition of the Babri Masjid, resulting in multiple deaths. The Supreme Court examined whether the act …
The Supreme Court examined the West Bengal government's policy on House Rent Allowance (HRA) which differentiates between employees living in government‑provided accommodation (who pay a nominal licence fee) and those renting privately. The petitioners, government employees residing in government …
The case concerned a registered will allegedly executed by Hamam Singh in favour of the appellants, Gurial Kaur and others. Although the will bore the Sub‑Registrar’s endorsement and the executant was said to have been identified by a village Lambardar, the trial court set aside the will on grounds …
The Supreme Court examined an appeal by an auction purchaser challenging a Allahabad High Court order that restored possession of a property to multiple judgment‑debtors under Section 144 of the Code of Civil Procedure and awarded mesne profits. The property had been sold in execution of a money …
The appellants challenged a decision that land under systematic teak plantation was classified as private forest under the Kerala Private Forests (Vesting and Assignment) Act, 1971. They argued that clause (c) of Section 2(2)(1)(c) exempts lands principally cultivated with any agricultural crop, and …
Dr. Manju Saraswat, the principal of Dayanand Arya Kanya Degree College, voluntarily tendered her resignation, which was accepted by the college's Managing Committee. The High Court held that the acceptance was not operative because the authorised controller had not accepted it and the …
Kasam Abdulla Hafiz, a former assistant public prosecutor, was charged with murder (Sec. 302 IPC) and attempt to murder (Sec. 307 IPC) after he allegedly threw a brick and stabbed Manohar Deshmukh, the father of a colleague, resulting in Deshmukh's death, and also injured Sanjay Patil. The Sessions …
The Kerala Agricultural University advertised a Junior Assistant Professor post with a reservation for the Ezhava community. Respondent No.1, an Ezhava and academically qualified, was not selected for the reserved vacancy and alleged malafide treatment, filing a writ petition. The Kerala High Court …
The President of Jalgaon Municipality filed a criminal complaint against four senior government officials who, while preventing the demolition of an illegal encroachment, assaulted him and others. The trial court issued process against three respondents but discharged the fourth for lack of sanction …
The appellants, twenty daily‑wage employees appointed in 1980 to Class III and IV posts in the Bihar Health Department, were regularised in 1989 but later faced termination in 1993 after a show‑cause notice. The High Court dismissed their writ petition for regularisation, prompting this appeal. The …
The case concerned whether the training period of direct recruits to the Himachal Pradesh Forest Service (Class II) should be counted for seniority. Respondents, who were promotee officers, applied to the Himachal Pradesh Administrative Tribunal for a direction that seniority be measured from the …
The State of Goa detained the step‑father of the respondent under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, and later, under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA), ordered forfeiture of …
The case involved a dacoity and murder where five accused were committed to the Sessions Court; one accused, MR, was granted pardon by the Chief Judicial Magistrate after commitment and examined as an approver. The Supreme Court held that after a case is committed to a Sessions Court, only that …
The Director of Health Services issued a public notice stating that under the Indian Medicine Central Council Act, 1970, Ayurved Ratna and Vaid Visharad degrees awarded by Hindi Sahitya Sammelan Prayag were recognised only up to 1967, and that holders of such degrees obtained after that year could …
Mohd Yunus was charged under Sections 3 and 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987. Section 20A(1) of the Act requires prior written approval of the District Superintendent of Police before recording any information about an offence. The prosecution claimed an oral …
The appellants Sukhbir Singh and others were initially charged under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and tried by a designated TADA court. The designated judge held that no offence under TADA was made out and, relying on a Punjab and Haryana High Court decision, …
The Supreme Court examined three civil appeals arising from orders of the Central Administrative Tribunal that appointed junior officers to the post of General Manager (GM) and equivalent in the Indian Railways, allegedly bypassing senior officers. The dispute centered on the interpretation of …
The case arose from a mob of about 200 armed persons who attacked labourers transplanting paddy on a field, resulting in the deaths of Razaullah and Ahmed Shah. The trial court convicted all accused under Sections 302/149 and 302/34 IPC; the High Court set aside the 302/149 convictions but upheld …
The appellant challenged a lower court order that rejected her claim that filing a counter‑claim under Order VIII Rule 6A of the Code of Civil Procedure after the written statement was barred. The suit (Civil Case No. 248/82) was instituted on 15‑July‑1982 and the application for a counter‑claim was …
The Gujarat Government, through its Legal Department, issued a circular directing that proposals to file an appeal against an acquittal be routed through the District Magistrate, whose opinion was considered essential before the State took a final decision. The High Court, concerned about delays, …
The appellant, an army jawan, was charged under Section 376 IPC for raping a minor girl. The Sessions Court, after hearing the doctor, the victim and her parents, concluded that rape had occurred but found no reliable evidence linking the appellant to the crime and acquitted him. The State appealed, …
Madan Lal, a school headmaster, was charged under Sections 376/511 IPC for attempting to rape a 13‑year‑old student who he allegedly detained at his residence and forced to sexual intercourse. The trial court acquitted him, finding the victim’s testimony unreliable, the medical report inconclusive, …
The Supreme Court examined appeals against the Central Administrative Tribunal’s orders that granted accelerated promotion to three ICAR employees on the basis of their educational qualifications. The employees had not been initially fit into Grade T‑1‑3 Category I when the Technical Service Rules …
Belwal Spinning Mills Ltd. challenged demand notices issued by the U.P. State Electricity Board (the Board) on the basis of a check‑meter that the Board had installed after doubting the correctness of the original meter. The appellant sought a reference to the Electrical Inspector under Section …
The appellants challenged the Madhya Pradesh Government's 1979 industrial policy and subsequent agreements that gave special treatment, assured supply of sal seeds and concessional royalty rates to selected new industrial units (Bastar Oil Mills and Sal Udyog) while denying similar benefits to older …
The Rajasthan State Road Transport Corporation (RSRTC) deposited the award amount from a Motor Accident Claims Tribunal in the executing court but failed to give notice to the decree holders. The decree holders claimed interest from the date of deposit (June 27, 1986) until they were informed (April …
The University raised the superannuation age of its teaching staff to 60 years following University Grants Commission recommendations, while the non‑teaching staff remained at 58 years. The non‑teaching staff filed writ petitions invoking Section 38(1) of the Osmania University Act, 1959, which …
The appellant, Tanviben Pankaj Kumar Divetia, was convicted under Section 302 read with Section 34 of the IPC for the murder of her mother‑in‑law, based solely on circumstantial evidence. The conviction was upheld by a third judge of the Gujarat High Court after a division bench was split, and the …
Smt. Sujata Mukherjee filed a criminal complaint under Sections 498A, 506 and 323 IPC alleging dowry demand, maltreatment and assault by her husband and his family. The alleged offences occurred at Raigarh (in‑laws' residence) and also at Raipur where the husband allegedly assaulted her. The husband …
The victim Ramdeo Yadav was attacked and killed with sharp-edged weapons while sleeping in a field; his son Gajendra (PW 8) witnessed the assault using a torchlight. The Sessions Court convicted all fourteen accused based on eyewitness testimony, but the Patna High Court upheld convictions only …
The case concerned the interpretation of a promotion rule reserving 50% of Assistant Engineer posts for candidates holding a degree in Electrical Engineering and three years of regular service as Junior Engineers. The dispute was whether the three‑year service requirement should be counted from the …
The case concerned a violent incident on 22 September 1990 in which five accused formed an unlawful assembly and attacked two victims, resulting in the deaths of Mohan and Sekhar. The prosecution charged the accused under various sections of the Indian Penal Code, including murder (302) and …
Hindustan Steel Works Construction Ltd., a wholly‑owned Central Government company, entered into a contract to build a stadium for the Greater Cochin Development Authority. The Authority deducted 1% of the contract value as a contribution under the Kerala Construction Workers Welfare Funds Act, …
The Cantonment Boards of Saugor, Mhow and Jabalpur imposed an entry tax on motor vehicles under Section 60 of the Cantonments Act, 1924. The Madhya Pradesh High Court struck down the tax, holding that Section 6 of the Madhya Pradesh Motor Vehicles Taxation Act, 1947 barred any local authority from …
Achutananda Baidya sold land to Prafullya Kumar Gayen, who later claimed the sale was made under distress and that an oral agreement existed for reconveyance, invoking the West Bengal Restoration of Alienated Lands Act, 1973. The Special Officer allowed restoration, but the appellate authority set …
The plaintiff, a mortgagee, sought redemption of a usufructuary mortgage created in 1946 over a property that was then under a lease expiring in 1948. The defendant, the lessee, claimed that his leasehold right survived the mortgage and gave him a non‑evictable interest, preventing the mortgagee …
The Supreme Court examined an incident where the Coast Guard vessel CGS Vivek and the Indian Navy ship INS Kirpan intercepted the merchant vessel MV Yahata on the high seas because it was not flying any national flag and was emitting "Not under Command" lights. The master, V. Jayachandra, gave a …
The State of Maharashtra appealed the Bombay High Court’s order quashing the charge of rape against spiritual teacher Priya Sharan Maharaj and others. The High Court had discharged the accused on the basis that the accused was a saintly man and that the victims’ delayed complaints and lack of …
Three brothers, claiming ownership of a joint Hindu family property, sued the Municipal Council, Mandsaur for a permanent injunction. The trial court decreed in favor of the brothers and the municipality appealed. During the pendency of the appeal one brother died, but the municipality failed to …
The Supreme Court dismissed a civil appeal filed by the heirs of a defendant challenging a Division Bench judgment that declared four deeds of gift executed by Gowramma void. The earlier suit before a Subordinate Judge and the subsequent High Court appeal had held those deeds invalid under Hindu …
The appellant, Randhjr Singh Rana, challenged a order by a Judicial Magistrate who, after taking cognizance of the offence and after the accused had appeared, directed further police investigation. The High Court refused relief and the matter reached the Supreme Court. The Court examined whether a …
The appellant, father of Kiran Devi, alleged that his daughter was subjected to continuous cruelty by her husband, mother‑in‑law and brother‑in‑law, culminating in her suicide by jumping into a well. The trial court acquitted the accused of murder (Sec. 302) and the High Court upheld that acquittal. …
The appellant, a tenant inducted in 1973, challenged an eviction suit filed by the landlord in 1990, arguing that the suit was barred under Section 20 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 because the ten‑year exemption period for newly constructed …
The appellant, an army personnel, was convicted of murder and causing injuries with a khukri in a barracks. He appealed, asserting that he was a diagnosed paranoid and therefore incapable of understanding his acts, seeking protection under Section 84 of the Indian Penal Code. The Supreme Court …
The State of Madhya Pradesh prosecuted Dhirendra Kumar for the murder of Munibai, alleging motive stemming from an 'evil eye' and supported by eye‑witness testimony, a dying declaration, and the recovery of the murder weapon, a revolver stolen from the police malkhana. The trial court convicted …
The State of Tamil Nadu appealed the acquittal of nine accused, members of the LTTE, for alleged possession of explosives and conspiracy under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Explosive Substances Act. The trial court had excluded two typewritten confessional …
The appellant, a small retailer dealing in scheduled agricultural produce in Kasauli (a notified market area of Solan district), challenged the requirement to obtain a licence under Section 4(3) of the Himachal Pradesh Agricultural Produce Marketing Act, 1949 and to pay the market fee. He argued …
In a suit concerning the dissolution of a partnership, a receiver was appointed to preserve the disputed property, which included a restaurant premises occupied by the appellant, Anthony C. Leo, as a tenant. The receiver filed reports alleging that the tenant had made unauthorised constructions and …
The accused, Kuntala Mishra, a midwife, was alleged to have murdered her daughter‑in‑law Geeta by strangulating her with a petticoat string after a dowry dispute. Geeta had undergone a D&C operation and was under the effect of phenargan, rendering her drowsy. She was found dead in the accused's …
The Kerala government issued a circular designating RAIDCO and KAICO as the sole suppliers of pump sets to farmers in eight districts under subsidy schemes, which private dealers challenged as violating their Article 19(1)(g) right to trade and the equality clause, Article 14. The Supreme Court …
The appellant had earlier faced a criminal complaint in 1966 under Section 500 IPC, which was settled by an apology and compromise. In 1990 a fresh complaint was lodged alleging that the appellant, by claiming his book was based on a manuscript of King Bhagyachandra, had forged a false document, …
The respondent filed a criminal complaint under Section 138 of the Negotiable Instruments Act, alleging that the appellant had issued two post‑dated cheques which were presented and returned unpaid with the endorsement "Payment countermanded by the drawer" and purportedly for insufficient funds. The …
Surja Ram was convicted of murdering his brother Raji Ram, the brother's two minor sons and their aunt, and of attempting to murder the brother's wife and daughter. The killings were carried out in a cool, calculated manner during the night while the victims were asleep, using a sharp cutting …
The respondents, Shankar Trading Co. Pvt. Ltd. and others, bought khairwood (a forest agricultural produce) and processed it through a series of physical and chemical steps to produce katha, a catechu product listed in the schedule of the Himachal Pradesh Agricultural Produce Marketing Act. The …
The deceased Madavan was killed in a night-time attack allegedly orchestrated by his brother Krishnan and nephew Vijay Kumar, who waited under a tree and assaulted him with knives. The trial court acquitted the accused, but the Kerala High Court convicted them under Section 302 read with Section 34 …
Shri Maruti Shripati Dubal, a police constable, suffered a head injury in a 1981 road accident and was subsequently diagnosed with schizophrenia. He attempted self‑immolation on 27 April 1985 and was charged under Section 309 of the Indian Penal Code. While the case was pending, he challenged the …
Three persons were tried for the murder of Sucha Singh. The trial court convicted all under Section 302 read with Section 34 of the IPC. On appeal, the High Court acquitted two co‑accused but upheld the conviction of Shera Singh, relying on the testimony of an approver (PW‑13) and treating the …
Anand Singh Bisht, a Naik in the Border Security Force, was convicted under the BSF Act and IPC section 307 for injuring a cadet and sentenced to one year of rigorous imprisonment. He had already spent about a year in pre‑trial detention and sought release by invoking Section 428 of the Code of …
Suresh Lohia's bamboo mat was confiscated by forest authorities as alleged forest‑produce. The Additional Sessions Judge ordered its release, but the Bombay High Court reversed, holding the mat to be forest‑produce under the Indian Forest Act, 1927. Lohia appealed to the Supreme Court, contending …
The Supreme Court examined the appeal of Mehbub Samsuddin Malek and two co‑accused convicted for a communal riot in Baroda. The driver (appellant No.1) stopped his bus opposite a mob of armed Muslim youths, got down, and conversed with them, after which the mob attacked the passengers, leading to …
Six accused were tried for a terrorist attack on a temple. All made confessional statements before a Superintendent of Police under Section 15 of the Terrorist and Disruptive (Prevention) Activities Act (TADA). Two of them, Baba Peer Paras Nath and Baldev Nath, were charged only under the Indian …
The case involved a fatal assault on Sivarami Reddi (Sivanna) by a group of accused persons amid a long-standing enmity. Three eye‑witnesses, who were relatives of the deceased, filed a written complaint and identified the assailants; the trial court convicted several accused under Sections 148 and …
The appellants, senior engineering officials and contractors, were convicted for alleged conspiracy, cheating and falsification of accounts in connection with jungle‑clearance projects in Nellore district, based solely on circumstantial evidence and a technical report prepared by a departmental …
The appellant, Vishnudas Trading, had been using the mark “Charminar” for quiwam and zarda since 1973, while the respondent, Vazir Sultan Tobacco Co., owned a registration of the same mark for “manufactured tobacco” (Class 34) but only manufactured cigarettes. The appellant sought rectification of …
The Central Bureau of Investigation (CBI) sought to continue investigations into two FIRs alleging criminal breach of trust, forgery and cheating against Duncans Agro Industries Ltd. and its officers. The Calcutta High Court quashed the FIRs, holding that the allegations did not prima facie …
The Central Bureau of Investigation (CBI) sought permission under Section 155(2) of the CrPC to investigate alleged violations of the Foreign Exchange Regulation Act (FERA) by Shri Arvind Singh Mewar, who was accused of purchasing property and incurring expenses abroad without RBI approval. The …
The case concerned the validity of Sections 4A, 4B and 33M inserted by the Bihar Agricultural Produce Markets (Amendment) Acts of 1992‑1993 and the power of the State Government to add or delete items from the Schedule of the Bihar Agricultural Produce Markets Act, 1960 using Section 39. The sugar …
The appellants, direct recruits to the Karnataka Administrative Service, completed their probation on 14 July 1976 but were not formally confirmed until 1 January 1986, a delay of nearly ten years. Because of this undue delay, they were excluded from the 1983 select list for promotion to the Indian …
The Supreme Court examined criminal prosecutions under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 against manufacturers of pan masala and mouth freshener whose products contained saccharin at 2000 ppm and 2450 ppm, exceeding the limits prescribed by Rule 47 of the 1955 Food …
The Multipurpose Health Workers Association, whose members are multipurpose health workers in Haryana, sought to have the higher pay scale of Rs 1200‑2040 applied to them from 1 May 1990, as stipulated in a State Government notification dated 26 July 1991. The State Government had instead granted …
The State prosecuted Mohan Lal and others for murder under Sections 302 and 149 of the IPC, alleging that they dragged the deceased, Mangi Lal, out of his hut, assaulted him with sticks and a gun, and threw acid on him. The deceased gave a dying declaration to a Judicial Magistrate while in a fit …
Sundaram Clayton Ltd. issued 20,40,000 worth of bonus shares by capitalising its general reserves in the assessment year 1971-72 and claimed that the bonus issue should be proportionately added to its share capital for the purpose of computing capital under Rule 3 of Schedule II of the Companies …
The appellants, C.S. Balan and others, applied to the Central Administrative Tribunal (CAT) seeking a declaration that they were entitled to promotion to Junior Telecommunication Officer effective December 1990, citing available vacancies in their quota. The CAT order merely noted the respondent's …
Eight accused were convicted for the pre‑meditated murder of six members of a single family in Baghora village, Bihar, in May 1987, an incident that also involved arson and the killing of 26 persons in total. The conviction was based solely on the testimony of a nine‑year‑old child witness who …
The case concerned the alleged conspiracy by senior officials of the Jammu & Kashmir Power Department to award transport contracts for bamboo poles at inflated per‑kilometre‑per‑pole rates, causing wrongful loss to the State. The prosecution proved that the officials deliberately selected …
Pattu Lal was convicted of murdering his wife Chameli Devi under Section 302 IPC. The prosecution’s case rested on the deposition of the investigating officer that the son, Bishan Dial, lodged the FIR and produced his father with blood‑stained clothes and the weapon (toka) at the police station. …
The appellants, teachers in Punjab high schools, obtained post‑graduate degrees and claimed entitlement to the higher pay scale designated for lecturers, relying on Government letters dated 23 July 1957 and 20 September 1979. The Punjab & Haryana High Court rejected their claim, holding that the …
The Supreme Court examined whether two members of the Bihar University (Constituent Colleges) Service Commission, Dr. B.P. Yadav and Prof. Suresh Prasad Singh, possessed the statutory qualification of being Professors as required by Section 6 of the Service Commission Act, given that their …
The Delhi Development Authority (DDA) allotted land to several cooperative housing societies, but after the premium was escalated the societies refused to accept the allotment, leading to its cancellation. The societies had deposited earnest money, and the question before the Supreme Court was the …
The respondents filed a suit seeking declaration of ownership and possession of land, alleging that a 1950 registered sale deed in their favour was forged. The trial court accepted the presumption of due execution under Section 90 of the Evidence Act based on a certified copy of the deed, but the …
The appellant, Ravindra Trimbak Chouthmal, conspired with his father to murder his wife Vijaya for dowry, severing her head and cutting her body into nine pieces to conceal evidence, also causing the death of the unborn child. He was convicted of murder under s.302 read with s.1208, and of offences …
Costao Fernandes, a customs preventive officer, chased a vehicle suspected of smuggling gold and, during a scuffle, the driver died. He was prosecuted under Section 302 IPC, while claiming immunity under Section 155 of the Customs Act, 1962. The trial court and High Court denied the protection, …
Bharat Forge Co. Ltd. challenged the Industrial Tribunal's refusal to allow it to adduce fresh evidence in support of a dismissal order against employee AB Zodge. The Tribunal, and subsequently the Bombay High Court, held that under Section 11A of the Industrial Disputes Act, 1947, the employer …
The appellant Sadasivam sought a declaration that a sale deed executed by his father Marappa in favour of the respondent Doraisamy was a sham and that his interest in the joint family property remained unaffected. The lower courts had held the sale deed valid and the will of the grandfather …
Ajit Singh and his co‑accused Rajpal were convicted for robbery (IPC 392) and for robbery with a weapon (IPC 397) and dacoity (IPC 394) arising from an incident on 12 April 1990 in which they attempted to stop a scooter, seized valuables and later Ajit fired a pistol after the victim struck him with …
The appellant Dharma challenged the acquittal of Nirmal Singh for the rape and murder of Ravinder Jit Kaur. The Supreme Court examined whether its power under Article 136 (and 142) of the Constitution is limited by Section 401(3) of the CrPC when hearing an appeal against an acquittal. It also …
The Supreme Court examined two appeals challenging High Court orders that directed the Haryana State Electricity Board to appoint the heirs of deceased employees on compassionate grounds. The petitioners argued that compassionate appointments are meant to provide immediate financial relief to …
The appellant was arrested at a bus stand in Delhi and a country‑made pistol with live cartridges was seized from his person. The prosecution relied solely on the depositions of police officers and an armourer who tested the weapon, as no independent civilian witnesses could be procured. The …
The State of Orissa appealed against an Orissa Administrative Tribunal order that a draughtsman be retained in service up to the age of 60. The central question was whether a draughtsman qualifies as a "workman" under the second proviso to Rule 71(a) of the Orissa Service Code, which would entitle …
Krishna Kumari, a well‑educated teacher, was found burnt in the kitchen of her matrimonial home about two months after her marriage. The prosecution alleged that her father‑in‑law, husband, sister of the husband and sister‑in‑law killed her over dowry demands, relying on motive, alleged …
The case concerned a partition suit over land originally owned by Ummini, whose five sisters inherited his interest and executed an Ottikuzhikanam deed in favour of the first defendant. The first defendant later released his interest to the second defendant, who also obtained a sale deed from a man …
The landlord, Ram Saran, let a shop to a tenant who later formed a registered society, Mahavir Gram Udyog Samiti, comprising himself and his family, and began paying rent through the society as its President. The landlord sought eviction under Section 14 of the Himachal Pradesh Urban Rent Control …
Syam Sunder Agarwal & Co. entered into a contract with the Union of India, which later gave rise to an arbitration award of Rs. 6,72,645.56 in favour of the appellant. The award was made a rule of court by the Assistant to the Deputy Commissioner, Shillong, and the Union of India appealed the award …
The Supreme Court examined appeals by four accused convicted of murder, rioting and related offences under the IPC and Arms Act. The prosecution case rested on eye‑witness testimony of close relatives of the deceased, who were present at the scene when the accused allegedly assaulted the victim and, …
The appellant, VAZIR GLASS WORKS Ltd., sought closure of its loss‑making factory under s.25‑0(1) of the Industrial Disputes Act, 1947, but the Maharashtra Government rejected the application on 12‑Oct‑1992. The company filed a review application under s.25‑0(5) within the one‑year period, which …
M.R.F. Ltd. had an agreement with the Kerala State Electricity Board (KSEB) to pay electricity charges within 15 days, with interest of 18% per annum on delayed payments. KSEB revised its tariffs in 1980, 1982 and 1984, which were struck down by the Kerala High Court, leading the company to pay only …
G. Gopalakrishna Pillai was initially appointed on an ad hoc basis as Storekeeper in the Navy and later regularised in the same post. He claimed seniority from the date he first started officiating, but the Department granted seniority only from the date of regularisation. The Central Administrative …
The appellant, Ravji, was convicted of murdering his pregnant wife and three minor children with an axe, attempting to kill his mother, attempting to murder a neighbour's wife, and murdering the neighbour's father‑in‑law. The trial court and High Court found the prosecution's circumstantial and …
The State of Punjab alleged that the young bride Jyoti Bala was subjected to dowry demands and maltreatment by her husband Gurdip Kumar and his family, leading her to commit suicide by self‑immolation. The trial court convicted the accused under Section 306 of the Indian Penal Code for abetting …
The plaintiffs filed a suit for specific performance of a sale agreement and were ordered by the High Court to amend the plaint to implead the purchaser, Kabari Pvt. Ltd. Although the amendment was allowed in 1982, the plaintiffs failed to act on it for about ten years despite being aware of their …
The accused five men were convicted for the murder of Amar Pal after the prosecution proved that they attacked him with knives, causing sixteen injuries and his death. The prosecution relied on three eye‑witnesses – PW2, PW3 and Dr. Rajveer Singh (PW6) – whose statements were recorded three weeks …
The appellant, Durgesh Chandra Saha, lodged a complaint that led to a police investigation completed on 8 February 1988 and a charge‑sheet filed under several IPC sections. The respondents, Bimalchandra Saha and others, sought discharge on the ground that the West Bengal Amendment Act (Act 24 of …
The appellant, a tribal resident of Chhotanagpur, filed an application under section 46(4)(a) of the Chhota Nagpur Tenancy Act, 1908 seeking possession of land that his father had surrendered and which was subsequently settled in favour of the respondents. The Deputy Commissioner rejected the …
The appellant, Sanjay Dutt, was charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Arms Act, 1959 for the Bombay bomb blast. His bail application was rejected by the Designated Court. Following the Supreme Court’s direction in Kartar Singh v. State of Punjab, …
Sh. Iqbal Singh Cheema, a Commandant (Selection Grade) in the Border Security Force, was convicted of corruption in a Court Martial under the Border Security Force Act, 1968. The Court Martial initially proposed forfeiture of seven years' service for promotion and pension benefits, but instead …
The tenant defaulted on rent for September‑November 1988 and, after receiving a notice, paid Rs.375 on December 7 and sent a bank draft of Rs.1125 covering the entire arrears on December 12, which the landlord did not encash and later deposited before the Rent Controller. The landlord filed an …
Hukam Chand Khundia was appointed as a temporary clerk on probation in the District and Sessions Court, Chandigarh. His services were deemed unsatisfactory and his integrity questioned, leading to a termination order without any enquiry. He challenged the order before the Central Administrative …
Dr. J.N. Banavalikar, a Specialist Grade‑I in tuberculosis and chest diseases, was given the additional charge of Medical Superintendent of R.B.T.B. Hospital (a Delhi Municipal Corporation hospital) and served for about five and a half years. He was later removed from that post and Dr. Sudhakar …
The appellants were convicted under Section 120B IPC and Sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 for a shooting incident that resulted in death. They challenged the conviction on several grounds, chiefly that the confessional statements were not sent to the …
The predecessor of Hindustan Lever Ltd. served chargesheets on nine workmen who then filed complaints under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, alleging that the employer was engaging in unfair labour practices by initiating disciplinary …
The appellants were charged with violations of the Foreign Exchange Regulation Act, 1947 and the Indian Penal Code section 120‑B. A complaint was filed under the corresponding provisions of the Foreign Exchange Regulation Act, 1973. The trial court dismissed the complaint, holding that the 1947 and …
The appeal concerned the determination of the earliest deemed date of construction under Explanation (a) of Section 2(2) of the U.P. Urban Building (Regulation of Letting Rent and Eviction) Act, 1972. The Supreme Court held that the deemed construction date is the earliest of (i) the date the local …
Abdulaziz filed a writ petition under Article 32 challenging the constitutional validity of Section 1(4) of the Terrorist and Disruptive Activities (Prevention) Act, 1987, arguing that it discriminated between offenders before and after the Act's expiry and violated Articles 14 and 21. He also …
The Supreme Court examined an election petition that challenged Dr. Das Rao Deshmukh's 1990 election to the Maharashtra Legislative Assembly on the ground of corrupt practices under Sections 123(3) and 123(3A) of the Representation of People Act, 1951. The petition alleged that the appellant, a Shiv …
The Supreme Court examined the convictions of several government officers accused of embezzling funds allocated for a rural employment scheme in Punjab. The prosecution relied on the report of a Superintending Engineer, thumb‑impression comparisons, alleged extra‑judicial confessions and …
The case concerned a large‑scale fraud in which imported fertilisers were allegedly lifted from ports but not delivered to government godowns, with dealers and government officials accused of colluding to obtain false transport‑charge certificates. The trial court acquitted the accused, but the …
Kripa Shankar Chatterjee, who lost the 1990 Nirsa Assembly election, filed an election petition challenging the election of Gurudas Chatterjee on four grounds: alleged improper rejection of a nomination paper on age grounds, alleged improper acceptance of nomination papers of two non‑voters, alleged …
Ajit Singh challenged the 1991 Haryana Vidhan Sabha election of Bansi Singh under Section 81 of the Representation of People Act, alleging irregularities in vote counting, including a fenced counting hall that restricted agents' view, police presence, the appointment of counting assistants who were …
The Supreme Court examined an election petition challenging Dr. (Mrs.) Vimal Mundada’s election to the Maharashtra Legislative Assembly on the ground that she had appealed to voters on religious lines and promoted communal hatred through speeches delivered with her consent, allegedly constituting …
Akhilesh Hajam was convicted of murdering his mother, sister, wife and daughter based largely on circumstantial evidence, including a timeline of the killings, an alleged disclosure statement leading to the recovery of a blood‑stained iron angle, and assertions that he had absconded and was …
Gulab Chand and co‑accused were charged with criminal conspiracy, murder and robbery of Kapuriyabai's ornaments. The trial court acquitted them of the murder and robbery charges, convicting only under section 380, but the Madhya Pradesh High Court reversed this, convicting Gulab Chand under sections …
Mohan Singh was arrested at Rewari railway station for allegedly possessing an unlicensed revolver. He was convicted by a Designated Court under Section 5 of the Terrorist & Disruptive Activities (Prevention) Act, 1985 read with Section 25 of the Arms Act, 1959, and sentenced to five years' rigorous …
Mis Hind Wire Industries Ltd. was originally assessed for income tax on 21 September 1979. The assessee obtained a rectification of that order on 12 July 1982 under Section 154 of the Income‑Tax Act. A second rectification application was filed on 4 July 1986, which the Income‑Tax Officer rejected …
The Haryana Government, exercising power under Section 4 of the Punjab Gram Panchayat Act, 1952, issued a notification on 18‑12‑1991 amalgamating the Bhorakh and Harigarh Gram Sabhas to curb alleged misuse of office by the Sarpanch of Harigarh, who had illegally appropriated Panchayat land. The …
The Madura Coats Ltd. sought a declaration that Section 25‑M of the Industrial Disputes Act, 1947 (as amended in 1976), which requires prior governmental permission before a lay‑off, violated Article 19(1)(g) of the Constitution. The Madras High Court held the provision ultra vires, relying on the …
The appellants, senior officials of Rohtas Industries Ltd, were prosecuted for laying off workers without prior permission under Section 25-M of the Industrial Disputes Act after the Bihar State Electricity Board disconnected power due to unpaid dues. The High Court held the prosecution maintainable …
The appellants Suraj Pal, Nathi and Puran were convicted under IPC sections 395, 396, 397 and 412 for a dacoity that resulted in two murders. The prosecution sought a test identification parade, but the accused voluntarily refused to appear, claiming they had already been shown to the witnesses. The …
Three accused—Sushil Kumar, Tapeshwar and Ram Niwas—were convicted under IPC sections 302 and 34 for the murder of Jai Prakash. The appellants challenged the conviction on three grounds: (i) a one‑day delay in dispatching the FIR under Section 157 CrPC, (ii) the alleged bias of witnesses who were …
The appellant Sukhpal was apprehended in a notified area with a .315 bore rifle and 109 live cartridges, without any licence, and was charged under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 read with Section 25 of the Arms Act, 1959. The prosecution relied on the …
The Union of India appealed against the quashing of a detention order passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against Ghamandiram Kewalji Gowani, who died during the pendency of the appeal. The appellant sought substitution of the deceased’s …
The appellant, Gyanchand Jain, was convicted under Sections 302 and 309 of the IPC for murdering his wife and attempting suicide. The prosecution relied on a handwritten letter found at the scene, which detailed his intention to kill his wife and then end his own life, and on a hand‑writing expert’s …
The appellant, Tarseem Kumar, was charged under Section 302 IPC for the murder of Gulshan Rai. The prosecution's case relied entirely on circumstantial evidence, including the appellant's alleged exclusive possession of rooms where the body was found, blood‑stained clothes recovered after his …
The petition challenged a Kerala High Court judgment that had set aside earlier findings that the petitioner, P.V. Sankara Kurup, was merely an agent and holder of a power of attorney for the respondent, Leelavathy Nambiar, and had purchased a Thavazhy property in his own name using the respondent’s …
The Supreme Court examined whether medical representatives employed by Sandoz (India) Ltd. qualified as "workmen" under Section 2(s) of the Industrial Disputes Act, 1947 and the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. The Court held that the work of …
The State of Uttar Pradesh issued a notification under s.4(1) of the Land Acquisition Act, 1894 in April 1990 to acquire land for a sub‑station, and a declaration under s.6 in December 1990. Under s.11A the Collector was required to make the award within two years of the declaration, i.e., by 21 …
The landlord filed a suit for arrears of rent, and the tenant filed an application under section 11 of the Bombay Rents, Hotel & Lodging House Rates Control Act, 1947 for determination of the standard rent. The rent was fixed on a compromise and the application was dismissed as withdrawn. The …
Shri S.K. Maini, employed as Shop Manager/In‑charge of M/s Carona Sahu Co. Ltd., was terminated after a domestic enquiry. The Labour Court held he was a workman under Section 2(s) of the Industrial Disputes Act, 1947 and ordered his reinstatement with back wages. The Punjab & Haryana High Court …
The landlord, K.S. Sundararaju Chettiar, evicted his tenant M.R. Ramachandra Naidu under the Tamil Nadu Building (Lease and Rent Control) Act, 1960, first on the ground of his own business expansion and later also on the basis of a pawn‑broking partnership run by his wife and daughter‑in‑law. The …
The President of India referred a matter under Article 317(1) of the Constitution to the Supreme Court, seeking an inquiry into allegations of misbehaviour against Shri M. Megha Chandra Singh, Chairman of the Manipur Public Service Commission, including tampering with examination papers and taking a …
Balwant Singh, a police constable, fired his service rifle during a clash with villagers who were assaulting police officers. He fired two shots in the air to scare the assailants, but two by‑standers (Karnail Singh and Pahalwan Ram) were struck and died. The trial court acquitted him, the High …
The appellants, heirs of a deceased shareholder of Calico Dying & Printing Mills Ltd., sought transmission of 100 shares after obtaining an heirship certificate. The company, having amended its Articles of Association in 1977 to empower the Board to refuse any transfer without reason, declined to …
The case concerned land in Delhi that was originally evacuee property and was allotted in 1970 to Prem Nath, who later sold it to another party. Tenants of the land claimed that, upon allotment, the allottee became a Bhumidhar under the Delhi Land Reforms Act (DLRA) and that they thereby acquired …
The Supreme Court examined the validity of Rule 39 of the Tamil Nadu Minor Mineral Concession Rules, 1959, which permits the State Government to grant or renew quarry leases in special cases for mineral development and public interest. The petitioners argued that the rule conferred unguided, …
Veeramani was detained on 16 February 1993 under Section 3 of the Tamil Nadu Prevention of Dangerous Activities Act, 1982, on the ground that he was a "goonda" and likely to commit acts prejudicial to public order if released on bail. He challenged the detention before the High Court, which …
The Union of India and the Delhi Special Police Establishment appealed against a Punjab & Haryana High Court order that quashed an FIR registered under sections 120‑B, 418, 468 IPC and the Prevention of Corruption Act against Shri B.R. Bajaj, the Finance Secretary of Chandigarh, and several …
The Government of Maharashtra issued a notification under section 13 of the Maharashtra Workmen's Minimum House‑Rent Allowance Act, 1983, exempting factories in certain zones from the Act's house‑rent allowance provisions for workers whose wages exceeded specified ceilings, thereby reducing the …
The Supreme Court examined a batch of writ petitions challenging the applicability of the admission scheme laid down in J.P. Unnikrishnan v. State of Andhra Pradesh to minority educational institutions (MEIs). Petitioners, claiming minority status, argued that the 50% government‑filled and 50% …
The appellant, Tej Narain Tiwary, was appointed as a Special Officer (Stores) on 16 August 1969, a temporary post that was later abolished. After obtaining an injunction against the abolition, a compromise led to his appointment as a Section Officer on 20 March 1972, with his pay protected, and the …
The case concerned the allotment of Nazul land by the Delhi Development Authority (DDA) to cooperative group housing societies. The societies argued that the rule "first come first served" in Rule 6(vi) of the 1981 Nazul Rules meant seniority based on the date of registration, not the date of …
The decree-holder firm obtained a money decree against a judgment debtor and, during execution, the debtor's agricultural land was attached and auctioned, with the firm emerging as the successful bidder. The heirs of the debtor filed an objection under Section 47 of the CPC, alleging that the sale …
M.C. Mehta filed a public‑interest writ under Article 32 seeking directions for the government to promote environmental awareness. The Court examined whether it could order cinema halls, television, radio and educational institutions to disseminate environmental messages free of cost and make …
The Supreme Court examined the validity of High Court orders that granted provisional admission to postgraduate medical courses in Uttar Pradesh on the basis of MBBS results. It found that the writ petition before the High Court was fraudulent and that the High Court's direction contravened …
