HRISHIKESH ROY

The Supreme Court examined the corporate insolvency resolution of Hindustan National Glass and Industries Ltd., where AGI Greenpac's resolution plan was approved by the Committee of Creditors (CoC) without prior approval from the Competition Commission of India (CCI) as required by the proviso to Section 31(4) of the I…

The case concerned the Government Medical College and Hospital, Chandigarh, which reserved 64 postgraduate (PG) medical seats under its State quota – 32 for candidates who had studied at the college (institutional preference) and 32 for candidates deemed "residents" of Chandigarh based on broad residence criteria. The …

The case concerned the 1998 appointment of ten individuals as Shiksha Karmi Grade III teachers in Janpad Panchayat, Gaurihar, where the selection was challenged on grounds of alleged bias because some selection committee members were relatives of the appointees and for the lack of a hearing. The Collector set aside the…

The appellants filed a suit in the District Court of Dimapur, Nagaland and later applied under Section 24 of the CPC for its transfer to the District Court of Guwahati, Assam, invoking the jurisdiction of the Gauhati High Court, which is a common High Court for Assam, Nagaland, Mizoram and Arunachal Pradesh. The Gauhat…

The petitioners, former employees of Uttar Pradesh Roadways, claimed that they were entitled to pension after their absorption into the Uttar Pradesh State Road Transport Corporation (UPSRTC). The issue was whether they ever held a pensionable post before or after absorption and whether members of the Roadways Karmchar…

The second respondent filed an application under Section 438 of the Code of Criminal Procedure seeking anticipatory bail for alleged offences under IPC sections 406, 420, 467 and 468. The Patna High Court granted the bail but, in the same order, directed the cancellation of the licence of Kanchan Kumari, the appellant,…

The insured, M/s. Mudit Roadways, held fire and customs duty insurance policies with New India Assurance Co. Ltd. for a bonded warehouse in Raigad, Maharashtra. A fire broke out on 14 March 2018; the insurer repudiated the claim, alleging that the fire occurred in an uninsured area and resulted from the insured's negli…

The appellant filed an interlocutory application seeking clarification of paragraph 51 of the Supreme Court's judgment dated 27 March 2023 in Criminal Appeals Nos. 701‑702 of 2020, which had upheld a default bail order granted by the Bombay High Court under proviso (a)(ii) of Section 167(2) of the CrPC. The Court exami…

The dispute concerned the All India Anna Dravida Munnetra Kazhagam (AIADMK) party's internal governance after the death of its General Secretary, when the party shifted to a joint leadership of a Co‑ordinator and Joint Co‑ordinator. A requisition by over 80% of General Council members led to a meeting on 11 July 2022, …

Gowramma C, a staff nurse employed by Hindustan Aeronautical Ltd., was dismissed after a Tahasildar declared her caste certificate false, leading to loss of employment. The High Court initially upheld the dismissal, but a Division Bench later held the Tahasildar incompetent and directed verification by the Bangalore Di…

The Enforcement Directorate appealed a Bombay High Court order that granted default bail to respondents arrested under the Prevention of Money Laundering Act, 2002. The crux of the dispute was whether the day of remand should be counted when calculating the 60‑day (or 90‑day) period prescribed under Section 167(2)(a)(i…

The North Delhi Municipal Corporation appealed against the Central Administrative Tribunal's order that regularised Harleen Kaur and others as Entomologists, granting them notional pay and continuity of service. The respondents had been appointed contractually after a public advertisement in 1997‑98, their contracts we…

The petitioner, a Scheduled Caste candidate, applied for the post of District Judge under the Manipur Judicial Service Rules, 2005 and cleared the written examination with the required 50% marks. Before the viva‑voce interview, the Full Court of the Manipur High Court issued a resolution fixing a 40% cut‑off for the in…

The respondent, an Iranian citizen married to an Indian national, applied for an Overseas Citizen of India (OCI) card but was denied because the authorities required her estranged husband to be present, either physically or virtually, for a personal interview. She challenged this requirement in the Delhi High Court, wh…

The appellant, Sudesh Kumar Goyal, qualified in the 2007 selection process for the Haryana Superior Judicial Service under the direct recruitment quota, securing the 14th position in the merit list, but was not appointed as only 13 posts were filled. He contended that the vacancy created by the resignation of a selecte…

The case arose from an altercation between two families in Jahangir Puri, Delhi, after which Babu Ram (non‑appellant) fetched a licensed gun and fired indiscriminately from a roof, killing two persons and injuring twenty‑six others. The appellants – Sunil, Shri Krishan and Ravinder – were convicted under Sections 302 a…

The appellant, Dr Nallapareddy Sridhar Reddy, was originally charged under Section 498A IPC and the Dowry Prohibition Act. After the trial had proceeded, the public prosecutor filed an application under Section 216 of the CrPC to add charges of cheating (IPC ss. 406 and 420) based on an additional charge‑sheet filed in…

The Maharashtra State Board of Wakfs was incorporated on 4 January 2002 and subsequently published lists of wakf properties on 13 November 2003 and 30 December 2004. Several Muslim public trusts challenged the Board’s constitution, the validity of the lists, and the applicability of Section 13(2) of the Wakf Act, 1995,…

Mrs. Sunita, a road‑accident victim, alleged that a forced nasotracheal intubation (NI) at Suretech Hospital caused Grade‑IV subglottic stenosis, voice loss and other complications, seeking compensation under the Consumer Protection Act, 1986. The National Consumer Disputes Redressal Commission (NCDRC) held the NI proc…

The case concerns three bighas of land in Bikaner purchased by Gordhan Dass and co‑owners in 1970, which the Urban Improvement Trust later claimed to have acquired under the Rajasthan Urban Improvement Act, 1959. The Trust issued acquisition notices to the original khatedars recorded in the revenue records but not to t…

The case concerned the recruitment of 1,423 primary teachers in Manipur, where the written test was held in 2006, interviews were delayed, and a premature newspaper publication led to an enquiry and a temporary contract appointment of 1,051 teachers. The official result was finally declared in 2011, but the selection o…

Khaja Bilal Ahmed was detained under the Telangana Prevention of Dangerous Activities Act, 1986 on 25 October 2018, with the order citing fourteen prior criminal cases from 2007‑2016 as his antecedent background. The appellant challenged the detention, arguing that the cited cases were stale, irrelevant, and that there…

The State of Odisha granted a 90‑year lease of a plot in 1981. In 2003 it issued a policy allowing conversion of such leasehold plots to freehold, subject to the condition that the lessee must not be encroaching on any government land. The respondent applied for conversion on 15 September 2003, but the revenue officer …

The principal of DAV Public School complained that the school’s three bank accounts were improperly linked to his personal net‑banking Customer Information File, enabling fraudsters to siphon Rs 30 lakh. The State Consumer Commission, Banking Ombudsman and NCDRC found the bank at fault but limited compensation to Rs 1 …

The father of the deceased lodged an FIR after finding his son's body in a forest, alleging that the deceased had been with two friends. The trial court convicted the two accused under Sections 302, 34 and 201 of the IPC and Sections 4 and 25 of the Arms Act, relying mainly on the testimony of two chance witnesses who …

The case concerned the murder of two persons in a wine shop in Tamil Nadu, for which appellants Periyasamy (A‑1) and R. Manoharan (A‑2) were convicted under sections 302 and 307 of the Indian Penal Code, with A‑2 also under section 109. The trial court relied mainly on the testimonies of three injured witnesses, who we…

Genentech Inc., Roche Products (India) and F. Hoffmann‑La Roche filed a suit in the Delhi High Court seeking to restrain Reliance Life Sciences from launching its biosimilar product ‘TrastuRel’, alleging improper use of data and passing off. The Single Judge of the High Court, on 25 April 2016, allowed Reliance to mark…

The Central Organisation for Railway Electrification (CORE) terminated a Rs 165‑crore work contract with M/s ECI‑SPIC‑SMO‑MCML (JV) and the contractor invoked the arbitration clause. The parties' contract and the modified Clause 64 of the General Conditions of Contract required a three‑member arbitral tribunal drawn fr…

The University of Delhi challenged the conversion of land acquired for the Delhi Metro project into a residential housing scheme, filing a writ petition that was dismissed for delay and laches. The University later filed a Letters Patent Appeal (LPA) 916 days after the writ petition’s disposal, seeking condonation of t…

The appeal arose from a corporate insolvency resolution process under the IBC where the appellant’s claim was listed in the Information Memorandum (IM) under “List of Other Creditors” rather than under “Claims of Operational Creditors”. The appellant contended that the classification was incorrect and that the claim sh…

The petitioners, Bimla Tiwari (informant), challenged a Patna High Court order that granted pre‑arrest bail to the accused in a dowry‑related case (IPC §§406, 420; Dowry Act §§3, 4) subject to the accused’s payment of Rs 75,000. The Supreme Court examined whether bail can be conditioned on monetary payment and whether …

The appellant, Santosh Chaturvedi, filed a petition under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 seeking release of a shop premises occupied by the respondents. The prescribed authority dismissed the petition on the ground that the appellant could not claim own…

The testator, Jayant Shivram Salgaonkar, died leaving fixed deposits and mutual fund securities for which he had nominated certain family members under Section 109A of the Companies Act, 1956 and Bye‑law 9.11.1 of the Depositories Act, 1996. The nominees claimed that the nomination gave them absolute beneficial ownersh…

The plaintiff purchased a property that was earlier let to a tenant whose successors, defendants No.1 and 2, continued occupying it. After informing them of the purchase, the plaintiff demanded rent which they failed to pay, leading to a regular civil suit for eviction. The defendants argued that the deceased tenant's …

The Union of India (Railways) awarded civil engineering contracts to Pradeep Vinod Construction Company, which later claimed additional payments despite having signed final bills and supplementary agreements indicating full settlement. The contractor invoked the arbitration clause in Clause 64 of the General Conditions…

Daljit Singh filed a suit on 24‑12‑1992 seeking specific performance of an agreement to sell dated 17‑08‑1990. While the suit was pending, Janraj Singh (defendant No.1) executed a sale deed on 08‑01‑1993 in favour of Shingara Singh (defendant No.2/appellant). The Trial Court dismissed the specific‑performance claim but…

The appellant, a judgment debtor, had a decree for Rs.27,694 reduced on appeal to Rs.17,120, but before the variation the decree was executed and three of his properties were auctioned, the proceeds of which were purchased by the decree holder and later sold to a third party. The appellant filed an application under Se…

M. JeyanthI, a Grade II Police Constable, tendered her resignation on 1 June 2017 which was accepted by the Director General of Police on 12 June 2017. She attempted to withdraw the resignation on 13 July 2017. The DGP rejected her representation, leading to a writ petition that was dismissed by a Single Judge. The Mad…

Ganapati Bhikarao Naik, the son‑in‑law of a land‑loser whose land was acquired for the Kaiga Atomic Power Project, was appointed as a helper under a rehabilitation scheme. After marital discord and a divorce proceeding, his father‑in‑law alleged that Naik was not a legitimate family member and the employer terminated h…

The Supreme Court was asked to consider whether a holder of a light motor vehicle (LMV) licence may drive a transport vehicle of the same class (unladen weight up to 7,500 kg) without a separate endorsement. The issue arose from the earlier decision in Mukund Dewangan v. Oriental Insurance Co., which had interpreted th…

In 1947 a mother, Thayammal, executed a First Settlement Deed granting interests in her property to her two sons and her daughter. Subsequent deeds in 1952 and later altered those interests, ultimately leaving the daughter’s husband, Gopalakrishnan, claiming a vested right as heir of the daughter under the First Settle…

The appellant, Astha Gopal Khakra, sought recognition as a member of the Nomadic Tribe‑Lohar (Ghisadi‑Lohar) under the Maharashtra Caste Certificate Rules, 2012, and was issued a caste certificate in 2012. The District Caste Certificate Scrutiny Committee later invalidated the certificate, stating she could not prove h…

The Punjab School Education Board advertised 31 vacancies for Laboratory Attendants in 2011, receiving 4,752 applications. After a written test, 1,952 candidates were shortlisted for interviews, a number vastly exceeding the vacancies, and a final list was published in April 2012. Unsuccessful candidates challenged the…

Jahir Hak was arrested in May 2014 under the Unlawful Activities (Prevention) Act, 1967 for a range of serious offences and has been in custody for nearly eight years as an under‑trial prisoner. The High Court rejected his application for bail under Section 439 of the Code of Criminal Procedure, prompting an appeal to …

The case concerned a parcel of shamlatdeh (village common) land in Punjab/Haryana that had been granted rent‑free to Narain Dass as a bhondedar in return for secular services to the village temple. Narain Dass later sold the land to Lajja Ram and his sons, who claimed ownership. The village inhabitants and the land pro…

The Supreme Court examined the recruitment of Junior Office Assistants (IT) in Himachal Pradesh where the State had, after the application deadline, issued a relaxation order allowing candidates with diplomas from private institutions to be considered eligible. The petitioners argued that the relaxation was illegal bec…

The West Bengal Board of Primary Education issued a notification on 23 December 2020 to fill 16,500 primary teacher vacancies, publishing a merit list on 15 February 2021. After many positions remained unfilled, a single judge ordered that 252 writ petitioners be appointed to the remaining 3,929 vacancies, a decision l…

The Employees State Insurance Corporation (ESIC) inspected Texmo Industries and found that the company had underpaid ESI contributions by including conveyance allowance in the wage base. Texmo contested, arguing that conveyance allowance is not "wages" under Section 2(22) of the Employees' State Insurance Act, 1948. Th…

The appellant owned a Tata Safari vehicle insured with Oriental Insurance, which met with an accident in June 2012. The District Consumer Disputes Redressal Forum awarded the claim of Rs 5,38,000 with interest, which was reduced by the State Consumer Disputes Redressal Commission (SCDRC) to Rs 4,99,000. The appellant a…

Two senior District and Sessions Judges of Himachal Pradesh filed a writ petition under Article 32 challenging the High Court Collegium's failure to reconsider their names for elevation, despite a Supreme Court Collegium resolution directing such reconsideration. They alleged that the High Court Chief Justice acted alo…

The petitioners challenged the Bihar Superior Judicial Service Rules, 1951 and the Gujarat State Judicial Service Rules, 2005 for prescribing minimum qualifying marks in the viva voce interview for district and civil judges, alleging violation of the All India Judges (2002) decision, Articles 14 and 16, and procedural …

The dispute arose from a US$60 million investment by HSBC PI Holdings in Avitel Post Studioz, governed by an arbitration clause designating Singapore as the seat. After alleged fraud, SIAC rendered a final award in 2014 ordering the appellants to pay the amount. The appellants challenged enforcement in India, alleging …

The respondent, P. Zadenga, a bank officer, was dismissed after departmental proceedings were instituted for alleged misappropriation of deposit challan amounts, while criminal cases based on the same transactions were pending. The bank relied on Clause 4 of the 2002 Memorandum of Settlement (MoS) to argue that discipl…

The appellant, the State of Uttar Pradesh, challenged the High Court's order granting a compassionate appointment to Uttam Singh, whose father had served as a part‑time tubewell operator but was treated as a regular employee. The father had been appointed against a regular vacancy, served for 13 years, was transferred …

The appellant sought a perpetual injunction claiming possession of agricultural land under an agreement of sale dated 29‑06‑1999, which the respondent contested as insufficiently stamped and therefore inadmissible. The respondent filed an application under Section 33 of the Karnataka Stamp Act, 1957 to impound the agre…

The appellant, a graduate, sought a compassionate appointment under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, after his father, a Class‑IV sweeper, died. He rejected the offer of a sweeper post and applied for a Class‑III Gram Panchayat Officer position, arguing hi…