H L GOKHALE

The Samast Sunni Muslim Jamat filed a suit seeking ownership of land, which was partially decreed by the trial court. The Jamat filed an appeal, but withdrew it through a pursis citing a compromise agreement that was actually between two community groups, not the parties to the suit. The first appellate court disposed …

The plaintiff, acting as administrator of his deceased sister's will, filed a suit for partition of her estate and related reliefs. The defendant moved an application under Order VII Rule 11 of the CPC, claiming the suit was barred by limitation. The trial judge dismissed the application, but the Division Bench of the …

The appellant, a Deputy Superintendent of Police in the CBI, was transferred by executive order to the National Crime Records Bureau (NCRB) in 1988. While his pay was initially protected, a later pay revision granted to his CBI batchmates was not extended to him, resulting in a lower salary and pension. The appellant s…

The appellant, Bhajan Singh, challenged the appointment of respondent No.4 as Managing Director of the Uttarakhand Peyjal Sanshadhan Vikas Avam Nirman Nigam, alleging that three disciplinary charge‑sheets pending against the appointee were not disclosed to the Selection Committee. The Committee, which was required unde…

The petitioners, children of a former Director of Animal Husbandry, were charged under Section 56 of the Foreign Exchange Regulation Act (FERA) for receiving foreign exchange. While the cases were pending before the Chief Judicial Magistrate, the State Government, with the High Court's resolution, transferred them to a…

The respondent, a senior manager of Oriental Bank of Commerce, was charged with purchasing third‑party cheques and drafts beyond his lending authority and with procedural lapses in a loan scheme. An internal inquiry found the first charge partly proved and the second unproved, after which the bank sought advice from th…

Rajesh Kumar Gond, a Junior Hindi Translator in the Commerce Ministry, sought pay parity with Junior Translators in the Central Secretariat Official Language Service, invoking the principle of equal pay for equal work. The Central Administrative Tribunal, finding no material showing any functional distinction between t…

M/s Band Box Private Ltd had been in possession of premises at 18/90 Connaught Circus since 26 March 1952. Punjab & Sind Bank acquired the property on 31 December 1978 and served a notice under Section 106 of the Transfer of Property Act on 15 November 1999, seeking eviction under the Public Premises (Eviction of Unaut…

Four cheques issued by the respondent to the appellant were dishonoured, leading the appellant to file a complaint under Section 138 of the Negotiable Instruments Act, 1881. The respondent claimed that a notice dated 28 July 2003, issued because a business transaction failed, barred the cheques from being cleared. The …

The petitioners challenged the Gujarat Government's permission to allow Indigold Refinery Ltd. to sell agricultural land, previously purchased for industrial use, to Alumina Refinery Ltd. despite the original purchaser's failure to commence any industrial activity. The High Court dismissed the writ on grounds of delay …

The respondent, a Civil Judge on probation, was terminated after two inquiries—one discreet and a subsequent preliminary inquiry—without being informed of the charges or given a chance to be heard. She challenged the termination, alleging violation of Article 311(2) of the Constitution, which requires a fair hearing be…

The Supreme Court examined whether a secured creditor under the SARFAESI Act could obtain possession of a secured asset by invoking Section 14 without first attempting possession under Section 13(4), and whether such a route would defeat the borrower's right to appeal under Section 17. It held that the creditor may dir…

Ram Ashish Dixit, an officer of Gorakhpur Kshetriya Gramin Bank, was found guilty of irregularities in loan disbursement and was punished with stoppage of one increment for three years. He was considered for promotion from Junior Management Grade‑I to Middle Management Grade‑II in 1995, 1997 and 1999 but was not promot…

Three union officials, declared as protected workmen, were dismissed after the employer alleged they had filed a false police complaint against senior officers. The criminal court had acquitted the officers, and the employer issued a charge‑sheet without conducting a departmental inquiry, relying on the magistrate's ju…

The State of Maharashtra terminated the services of 256 workmen employed on 25 lift‑irrigation schemes after transferring the schemes to a sugar factory. The workmen claimed entitlement to reinstatement and backwages, arguing that the termination was a breach of Section 25N of the Industrial Disputes Act, 1947, while t…

D.M. Parmar, a manager of Panchmahal Vadodara Gramin Bank, was dismissed after an enquiry found him guilty of multiple serious charges relating to loan sanction irregularities. He challenged the dismissal, arguing that the enquiry officer had denied him access to documents concerning his predecessor and that the discip…

Biswanath Bhatiacharya, who had been detained under COFEPOSA in the 1970s, was served a notice under Section 6(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) to explain the source of his wealth, and later a forfeiture order was passed under Section 7. He challenged the…

The Assam Urban Water Supply & Sewage Board and Subash Projects & Marketing Ltd entered into two water‑supply contracts that gave rise to disputes resolved by a sole arbitrator appointed under the Arbitration and Conciliation Act, 1996. The arbitrator issued awards on 22 August 2003, which the appellants received on 26…

B. Amrutha Lakshmi, an Assistant Commissioner of Sales Tax in Andhra Pradesh, filed a petition challenging the State Government's refusal to forward her name for selection to the Indian Administrative Service (IAS) under the IAS (Appointment by Selection) Regulations, 1997. Although she satisfied all statutory criteria…

The State of Sikkim integrated three separate police forces into a single Sikkim Police Force under the 2000 Rules, fixing seniority of officers at the sub‑inspector level to address promotion inequities. The High Court struck down Rule 9(iv) and the seniority list, holding that the retrospective deemed promotions viol…

The Municipal Corporation of Greater Mumbai (MCGM) issued a circular limiting the height of a public parking lot (PPL) in a high‑rise development to ground plus four floors, prompting the developer Kohinoor Ctnl Infrastructure Co. to challenge the stop‑work notice and the subsequent order restricting the PPL. The High …

The appellant, Gulabrao Baburao Deokar, was charged along with 56 others for a massive defalcation of public funds amounting to Rs.169.60 crore involving the Jalgaon Municipal Corporation. He was granted bail by the Sessions Court under Section 439(1) CrPC, but the High Court cancelled the bail on grounds of procedural…

The Supreme Court examined the termination of licences granted by the Paradeep Port Trust (the Board) for manual and mechanically operated iron‑ore storage plots. The appellants claimed an indefeasible right to renew their licences and alleged that the Board’s decision violated constitutional principles. The Court held…

The heirs of a deceased motor accident victim filed a claim under Section 166 of the Motor Vehicles Act for fault-based compensation and later filed a separate claim under Section 163A for no‑fault compensation. The Motor Accident Claims Tribunal awarded compensation under Section 163A and subsequently permitted the cl…

The appellant, a Junior Clerk, was charged under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and faced a departmental inquiry that initially proceeded ex‑parte. After the appellant objected, the inquiry was recalled and conducted de novo with his full participation, leading to…

The appellants were charged under Sections 420, 468, 471, 477-A and 120-B IPC for alleged offences. During the trial before the Additional Chief Metropolitan Magistrate, one co‑accused turned approver and was granted pardon under Section 306 CrPC, after which the magistrate committed the case to the Court of Sessions. …

The appellant, a cardiologist, was charged under Section 304A IPC for the death of a patient after an unsuccessful angioplasty and subsequent bypass surgery. The police investigation concluded there was no evidence, but the magistrate proceeded with the case, and the High Court refused to quash the proceedings, citing …

The accused, MD Hussain, was charged with offences under the Maharashtra Control of Organised Crime Act, the Unlawful Activities (Prevention) Act and other statutes, and the investigation was taken over by the National Investigation Agency (NIA). He filed a bail application before a single judge of the Bombay High Cour…

Ramesh Ahluwalia, an administrative officer of the private unaided DAV Public School, was removed from service following a disciplinary inquiry in which the principal, who also acted as a management witness, participated. Ahluwalia challenged the removal by filing a writ petition under Article 226, contending that the …

The respondent, Universal Tractor Holding LLC, sold its 49% share in Beever Creek Holdings to Escorts Agri Machinery Inc., a subsidiary of the petitioner, for $1.2 million payable in four installments. After Escorts AMI defaulted on the last two installments, the respondent sued in a North Carolina court, which entered…

The appellant, a former Madhya Pradesh State Service teacher, joined the Kendriya Vidyalaya Sangathan (KVS) on 23 September 1987 and was confirmed on 23 September 1989. He claimed pay protection under the Government of India Order dated 7 August 1989, which was to take effect from 1 August 1989, arguing that his last d…

In the 2008 Madhya Pradesh Legislative Assembly election, Neena Vikram Verma was declared elected by a single vote over Balmukund Singh Gautam, who filed an election petition alleging irregularities in postal ballot counting. Verma responded with a recrimination petition under Section 97 of the Representation of People…

Dr. Suhas H. Pophale occupied a flat in the Indian Mercantile Mansion under a leave‑and‑license agreement dated 20‑12‑1972, which was later deemed a tenancy under Section 15A of the Bombay Rent Act (effective 1‑Feb‑1973). The premises became owned by Oriental Insurance Co. Ltd., a government‑owned company, on 1‑Jan‑197…

The respondent, a Junior Engineer of the Chennai Metropolitan Water Supply and Sewerage Board, was absent without authorization from 28‑08‑1995 to 31‑03‑1997 and submitted a medical certificate belatedly. A charge‑sheet under Regulations 6(1) and 6(2) was issued, the enquiry officer found the charges proved and the dis…

In a suit for partition of joint family property filed in 1991, the appellants sought a stay of proceedings under Section 34 of the Arbitration Act, 1940, which was dismissed in 1995 and affirmed on appeal. The suit continued, and the appellants later filed an application under Section 8 of the Arbitration and Concilia…

The respondent, a daily‑wage bus conductor employed by Rajasthan State Road Transport Corporation for only a few months, was dismissed after a departmental inquiry found he had collected fare without issuing tickets. He filed a civil suit, which was dismissed for lack of jurisdiction, and subsequently lodged a complain…

During the 1980s, amid terrorism in Punjab, the State recruited ex‑servicemen as Special Police Officers (SPOs) under Section 17 of the Police Act, 1861 to guard public‑sector banks, with their wages paid by the banks. The SPOs served for decades and sought regularisation as permanent police personnel, but the Senior S…

The appellant, a civil servant of the State of Bihar, was granted a time‑bound promotion in 1998 effective from 1991, but the promotion was later deemed irregular because he had not passed the required promotional examination. In 2009 the government issued orders cancelling the promotion, prompting the appellant to fil…

The Supreme Court examined two amendments to Kerala's Abkari Policy that altered Rule 13 of the Foreign Liquor Rules: (i) the removal of "three‑star" hotels from eligibility for FL‑3 liquor licences, and (ii) the introduction of a distance rule (Rule 3E) prohibiting new licences within 3 km in panchayat areas and 1 km …

The Central Bank of India, as landlord, obtained an eviction order against N.R.C. Ltd., a tenant occupying its premises. The Supreme Court, after dismissing the tenant's special leave petition, granted the landlord time until December 2014 to regain possession, conditioned on the tenant filing an undertaking and paying…

The appellants Bakshi Dev Raj & Anr. challenged a decree modified by the High Court in a second appeal, alleging that their counsel settled the matter without a written agreement and that the subsequent review petition was barred because their Special Leave Petition (SLP) had been dismissed as withdrawn. The Supreme Co…

Panchraj Tiwari, a graduate junior engineer appointed in 1986 to the Rural Electricity Cooperative Society (RECS) Rewa, was approved for promotion to Assistant Engineer in 1994. The RECS was dissolved and merged with the Madhya Pradesh State Electricity Board (MPSEB) effective 15 March 2002, and Tiwari was absorbed as …

Narinder Kaur, a Civil Judge, applied within two years of her entry into government service to correct her date of birth from 26‑01‑1971 to 09‑01‑1972, citing the Punjab Financial Volume I (Haryana First Amendment) Rules, 2001 which allow correction upon a special inquiry. The High Court rejected her application, alleg…

The respondents filed a suit claiming title to ancestral land based on a will dated 24‑10‑1943 executed by the testatrix, Smt. Nagammanni, and registered the next day. The trial court and the first appellate court dismissed the suit, holding that the will was not proved because it did not satisfy Section 63(c) of the S…

The Karnataka State Financial Corporation (KSFC) sold the lease‑hold rights of the closed industrial concern Mysore Panel and Boards Pvt Ltd, whose 83 workmen had earlier been awarded statutory dues of Rs 29,17,062 by courts under Section 33‑C of the Industrial Disputes Act and the Payment of Gratuity Act. The workmen’…

Ram Niwas Bansal, a bank officer, was charged with financial irregularities and dismissed on 23 April 1985. The High Court set aside the dismissal, directing reinstatement only to enable a fresh enquiry because the enquiry report had not been furnished, and ordered back‑wages until the earlier of superannuation or fina…

The petitioner, Dharmendra Kirthal, challenged the constitutional validity of Section 12 of the Uttar Pradesh Gangsters and Anti‑Social Activities (Prevention) Act, 1986, which mandates that trials before Special Courts have precedence over any other trial of the accused, keeping other proceedings in abeyance. He argue…

The appellant, elected Mayor of a municipal corporation under the Bihar Municipal Act, 2007, nominated seven municipal councillors to the Empowered Standing Committee. The dispute centered on whether the mayor and the committee members could exercise all powers of the mayor, and how Section 27 of the Act should be inte…