JASTI CHELAMESWAR

The Supreme Court examined whether Libra Buildtech Private Ltd. and other bidders, who had paid Rs.6.22 crore as stamp duty for sale deeds of properties of a liquidated company, could claim a refund after the sale was cancelled and the sale consideration was returned. The Court held that the cancellation of the contrac…

The appellant, Yusuf Khan, owned a 2412 sq. yard property in Mumbai and entered into a development agreement on 23 June 2006 with two developers to construct a building, granting the developers a 50% share of the development potential. The developers failed to commence or complete construction within the stipulated 24‑…

The appellant filed a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque drawn on the account of Dakshin Granites Pvt Ltd was dishonoured. The trial court, and later the High Court, allowed an application under Section 319 CrPC to implead the company as an accused, effectively bypassin…

The petitioners, who are persons with disabilities (PWD) employed by Prasar Bharati, challenged two Government of India office memoranda that denied them the statutory 3% reservation in identified Group A and B posts when such posts were filled by promotion. The core issue was whether the memoranda, which limited reser…

The State of Bihar amended its judicial service rules in 2009 to introduce reservation for various backward classes, but the High Court quashed the amendments on the ground that the State had not undertaken the constitutionally mandated consultation with the High Court under Articles 233 and 234. The Supreme Court affi…

The Rajasthan Government issued notifications granting reservation in promotion for Scheduled Castes and Scheduled Tribes, which were later quashed by the Rajasthan High Court because the State had not complied with the quantifiable data requirements laid down in M. Nagaraj's case. General‑category employees filed civi…

The appellants filed a writ petition in the Patna High Court seeking to file a representation before the National Thermal Power Corporation (NTPC) to ventilate a grievance. The High Court allowed the representation but simultaneously ordered that the appellants would have no liberty to approach the High Court again for…

The appeal concerned a minority shareholder of Gharda Chemicals Ltd., a company that started as a private firm but became a public (hybrid) company under Section 43A of the Companies Act, 1956. The Articles of Association contained Article 57, a pre‑emption clause restricting share transfers, which the appellant claime…

The plaintiff, Chintaman Patil, filed a suit seeking declaration of ownership and an injunction over a parcel of land. The trial court dismissed the suit, but the first appellate court reversed that decision and decreed in the plaintiff's favour. The respondents appealed to the High Court, which admitted two substantia…

The appellants, candidates who had appeared for the Gujarat Revenue Talati examination, challenged the State's decision to cancel the entire recruitment process on grounds of alleged large‑scale malpractices. The State, through a Government Resolution, cancelled the exam and ordered a fresh recruitment, arguing that th…

The Central Bank of India had mortgaged a residential property to recover a loan taken by the borrowers and obtained a settlement award from a Lok Adalat, which was signed by the borrowers and one of the guarantor's sons but not by the guarantor herself, C.L. Vimla. Vimla filed multiple writ petitions challenging the a…

The complainant, owner of a theatre, alleged that the defendant, a film distributor, borrowed Rs.5 lakh in May 2006 and later issued a cheque on 16 January 2007 which was dishonoured. The trial court convicted the defendant under Section 138 of the Negotiable Instruments Act, a decision upheld by the Fast Track Court, …

The appellant Bhule Ram challenged the compensation awarded for his land acquired under the Land Acquisition Act, 1894, arguing that the market value should be Rs 10,00,000 per acre. The award was initially Rs 4,65,000 per acre, later enhanced to Rs 5,99,850 by the reference court and to Rs 6,51,000 by the High Court. …

The case concerned appeals and special leave petitions filed by Raja Ram and others challenging the award of compensation under Section 23 of the Land Acquisition Act, 1894, seeking enhancement of the amount payable. The respondents, Union of India and others, contended that the compensation awarded by the acquiring au…

The appellant purchased 78 consignments of zinc and copper that had been stored at the Port of Bombay after the original consignees failed to lift them. The Board of Trustees of the Port of Bombay levied demurrage charges of Rs.2,81,67,333 and granted only partial remission, which the appellant challenged. The Supreme …

The appellants, the wife and sons of the deceased landlord, sought eviction of the tenant M. Chinnian on grounds of willful rent default and bona‑fide need of the premises. The High Court, on revision, set aside the earlier findings of the Rent Controller and the first appellate court, holding that the eviction petitio…

In a suit concerning land, the Subordinate District Council Court of the United Khasi‑Jaintia Hills Autonomous District granted an ex‑parte ad‑interim injunction on 30 September 2009. The aggrieved party appealed to the District Council Court within 30 days, which stayed and later set aside the injunction. The High Cou…

The Supreme Court examined the constitutional validity of the amendment to Section 2(1)(o) of the SARFAESI Act, which altered the definition of a non‑performing asset (NPA) to allow different regulators to prescribe classification guidelines for their respective creditors. The petitioners argued that this amounted to c…

The petitioner, Sanjay Kumar, alleged that he was appointed as a senior lecturer in a purportedly fake dental college, received post‑dated cheques for salary which later bounced, and consequently filed a criminal complaint under various IPC sections and Section 138 of the Negotiable Instruments Act. The High Court quas…

Gulshera Khanam, the landlady of a shop, sought eviction of tenant Aftab Ahmad on the ground that her married daughter, a co‑owner of the building, needed the adjacent shop to expand her medical clinic. The lower authorities held that the daughter, as a female with a legal right of residence, fell within the definition…

The petitioners were temporarily appointed as Assistant Executive Engineers by direct recruitment on 18‑April‑1992 and were placed on probation for two years within a continuous period of three years under Rule 6(2) of the Andhra Pradesh Engineering Service Rules, 1967. They were required to pass the Account test withi…

The appellant filed a complaint under the Prevention of Corruption Act, 1988 alleging corruption in a drinking‑water project and sought investigation and FIR registration against several public servants, including the first respondent who was incorrectly described as Principal Secretary, PHED. The Special Judge dismiss…

The plaintiff‑buyer entered into a sale agreement and obtained a decree for specific performance, which required him to deposit the balance consideration of Rs.33,60,000 within one month of the decree and in the form of a demand draft. The trial court extended the time by two months, making the final deadline 26‑May‑20…

The appellant withdrew Rs 16.68 lakh from a bank, left the cash in the first respondent's car, and later claimed the money was stolen when the car's glass was broken. A police investigation resulted in a chargesheet under IPC sections 406 (criminal breach of trust) and 420 (cheating). The respondents sought quashing of…

The Supreme Court examined a public‑interest writ challenging the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004. The petitioners argued that the State Legislature lacked authority to create the office of Parliamentary Secretary and that the Act violated the 9…

The State of Rajasthan issued a notification on 6 October 2008 upgrading the Gram Panchayat of Napasar village to a Nagarpalika, which was subsequently challenged in the Rajasthan High Court. The High Court dismissed the challenge, the State later withdrew the notification, issued a fresh one in 2016, and the matter re…

The Defence Research & Development Organisation (DRDO) acquired a large tract of land under the Land Acquisition Act, 1894, via notifications in 1993 and 1995. The Special Land Acquisition Officer initially valued the land at Rs. 60,000 per acre, but the Reference Court, on a Section 18 application, awarded Rs. 3.15 la…

The appellant Jhaptu Ram shot and killed his neighbour Devinder Kumar after an altercation, while the neighbour's mother was present to pacify the dispute. The trial court convicted him of murder under Section 302 IPC and sentenced him to life imprisonment; the High Court affirmed this conviction. On appeal, the Suprem…

The case concerned a dispute over 25 acres of land in Hyderabad that had been declared surplus under the Urban Land (Ceiling and Regulation) Act, 1976. Roudri Co‑operative Housing Society claimed purchase of the land, while hut‑dwellers (encroachers) occupied part of it. The State Human Rights Commission ordered the en…

The Supreme Court examined a writ petition filed by Rungta Engineering College, Bhilai and the Secretary of the GDR Educational Society challenging the Chhattisgarh Swami Vivekanand Technical University's refusal to grant affiliation. The University had declined affiliation on several grounds, but the All India Council…

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…

The State of Bihar (later Jharkhand) granted Tata Steel 350 acres of land in 1969 (Grant‑I) for a 99‑year lease, requiring use of the land for a specified industrial purpose within one year. Tata Steel utilized about 200 acres for its alloy and steel plants. In 1973 the State transferred 1,266 acres to the Bihar Indust…

In Civil Appeal No. 9043 of 2014, the Supreme Court was informed by senior counsel Pallav Shishodia that a factual mistake existed in paragraph 44 of its judgment dated 22 September 2014, where the name "Jasveer Singh" was incorrectly stated. The Court exercised its inherent power to correct such errors and amended the…

Sasan Power Ltd entered into Agreement‑I with the American company NAC, which contained an arbitration clause governed by English law and seated in London. Two years later the parties executed Agreement‑II, a tripartite deed involving Sasan Power, NACC India (a subsidiary of NAC) and NAC, which transferred NAC's rights…

The appellant was convicted under Sections 324 and 326 of the IPC for assaulting his cousin with a bat made of coconut leaf stem and a stone, causing grievous injuries. The High Court reduced his sentence, but the parties later reached a settlement and sought to compound the offences. The Supreme Court held that the qu…

The Supreme Court examined whether Rule 5 of the Hot‑Re‑rolling Steel Mills Annual Capacity Determination Rules, 1997, which allows the annual capacity of production (ACP) to be deemed equal to actual production for the 1996‑97 year, creates a legal fiction and is ultra vires Section 3A of the Central Excise Act, 1944.…

The petitioners challenged the constitutional validity of Section 66A of the Information Technology Act, 2000, alleging that it infringes the right to freedom of speech and expression under Article 19(1)(a) and is not saved by the reasonable restrictions of Article 19(2). They also contested the validity of Section 69A…

The appellant, a returned MLA, challenged an election petition alleging corrupt practices and excess expenditure under the Representation of the People Act, 1951. He filed an application under Order VI Rule 16 of the CPC seeking to strike out several paragraphs of the petition as frivolous, scandalous or vexatious. The…

The case concerned the inter‑se seniority of Station Fire Officers (SFOs) appointed by direct recruitment in 1993. Under Rule 12 of the Andhra Pradesh Fire Subordinate Service Rules, SFOs were required to pass three tests within their probation period, but the Government exempted all SFOs from the third test by GO No. …

In 1965 gold worth 240 kg was seized from the appellant's father's house under the Defence of India Rules, 1962 and confiscation proceedings were initiated. The Rules were later repealed by the Gold Control Ordinance, 1968, which was subsequently repealed by the Gold Control Act, 1968, creating a statutory fiction that…

The Supreme Court, hearing Civil Appeal No. 1093 of 2006, examined whether it could entertain an application under Section 34 of the Arbitration and Conciliation Act, 1996 to make an arbitral award a rule of the Court when the Court itself had retained seisin over the arbitration proceedings. The award, rendered by a r…

Vijay Shankar Pandey, an IAS officer, was charged under the All India Services (Conduct) Rules for filing a writ petition that criticised the government’s handling of black‑money issues. An enquiry officer exonerated him, but the Uttar Pradesh government rejected the report and ordered a fresh two‑member inquiry board …

M/s. Gira Enterprises imported cyanuric chloride from China, declaring a value of US$5,001 per metric ton. The Customs Commissioner, relying on a computer printout that allegedly showed other imports of the same chemical at US$1,950 per metric ton, reassessed the value to US$1,860 per metric ton under Rule 5 of the Cus…

The petitioner, an advocate, filed a Special Leave Petition challenging observations made by the Madras High Court that a valid marriage does not necessarily require adherence to all customary rights and that long‑term cohabitation creates a presumption of marriage, rendering children legitimate. The Supreme Court exam…

In 2001 a Tata Sumo collided head‑on with a truck, killing two passengers and injuring others who were travelling as gratuitous passengers. The claimants obtained compensation from the Motor Accident Claims Tribunal, but the Tribunal held that the insurer of the Tata Sumo was not liable because the victims were gratuit…

The petitioner was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) to prevent future smuggling. He repeatedly requested to be represented by a legal practitioner before the Advisory Board, but the Board denied any adjournment and proceeded …

The wife and her minor daughter sought maintenance under Section 125 of the Code of Criminal Procedure (CrPC) and Section 24 of the Hindu Marriage Act. The Family Court initially granted interim maintenance but later awarded maintenance only to the daughter, denying the wife on the ground that she could earn a liveliho…

Raminder Singh, an in‑service Silt Observer/Analyst in the Punjab Public Works Department (Irrigation Branch), applied for promotion to Research Assistant Grade B after the State merged the Grade‑C post into Grade‑B but failed to amend the service rules. He was promoted on 14‑12‑2001, worked in the higher post, but lat…

The appellant, Pragati Mahila Mahavidyalaya, challenged a High Court order that reinstated respondent No.1, a part‑time lecturer, on the ground that his appointment was permanent. The employee had been appointed twice on a temporary, fixed‑term basis as a part‑time lecturer, as reflected in the advertisement and appoin…

The Supreme Court examined multiple Special Leave Petitions (SLPs) arising from a protracted dispute over the acquisition and transfer of shares in Bombay Oxygen Corporation Ltd. The dispute involved Messer Holdings GmbH (MGG), Goyal Gases Ltd (GGL), the Ruia family (RUIAS) and a joint venture company Messer Holdings L…

K.K. Saksena, a former Secretary of the International Commission on Irrigation and Drainage (ICID), challenged his termination in a writ petition under Article 226, alleging arbitrariness and violation of Article 14. The Delhi High Court dismissed the petition, holding that ICID is not a "State" within Article 12 and d…

The appellant, a 35‑year‑old constable, suffered severe head injury, loss of speech, memory and mobility after being hit by a Gujarat State Road Transport Corporation bus. He filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeking Rs 4 lakh compensation for medical expenses, loss of earnings, permanent…

The parents of a 25‑year‑old widowed engineer who died in a motor accident claimed compensation under the Motor Vehicles Act. The Tribunal awarded Rs.15,71,000, applying a 100% increase for future income rise, a one‑third deduction for personal expenses, and a multiplier of 16. The Gujarat High Court altered the award …

The appellant, a retired army officer, owned a shop in Almora and sought eviction of the tenant under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide need to start a business for his physically disabled son. The trial court ordered eviction within …

The appellants, owners of a property purchased in 1904, filed an eviction petition under Section 10 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, alleging the respondents defaulted on rent since June 1987 and denied the appellants' title. The respondents contended that the 1904 deed was a mortgage…

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 appellants, police constables, sought to have their basic pay stepped up to match that of junior colleagues who had transferred to the Armed Reserve and received higher remuneration. The Madras High Court Single Judge ordered the parity, which was implemented, but the Division Bench set aside that order and directe…

The Supreme Court examined whether employees whose appointment orders were cancelled in 1987 could claim the benefit of a later judgment that restored similar employees to service. The respondents waited nine years before filing a claim, arguing that they were similarly situated to those who had earlier obtained relief…

The appellant was elected as Adhyaksha of the Zilla Panchayat, Bellary, and a group of voters filed a writ petition under Article 226 of the Constitution challenging the election on grounds of a false caste certificate. The Karnataka High Court Single Judge dismissed the petition, invoking the bar in clause (b) of Arti…

The appellants and respondents are beneficiaries of a family trust created by a deed that contains clause 20, which purports to refer any disputes among beneficiaries to arbitration under the Indian Arbitration Act, 1996. The respondents filed an application under Section 11 of the Arbitration and Conciliation Act, 199…

Vipulbhai Mansingbhai Chaudhary, who continued as Chairman of a district cooperative milk union beyond his three‑year term, was served a show‑cause notice under s.76B(1) and (2) of the Gujarat Co‑operative Societies Act, 1961. The Registrar removed him and disqualified him for three years; a later order extended the di…

The appellant, a clerk, was suspended in 1990 following a complaint and a departmental inquiry that lasted over nine years, culminating in a compulsory retirement order and denial of pension benefits for the suspension period. He challenged the disciplinary process, arguing violation of natural justice, the disproporti…

The Supreme Court heard a batch of writ petitions filed by the Supreme Court Advocates‑on‑Record Association seeking reforms in the collegium system for appointing judges to the higher judiciary. Various stakeholders, including senior counsel and the Bar Council of India, submitted suggestions on transparency, eligibil…

The petitioner, Mohd. Feroz Khan, was convicted of murder and sentenced to life imprisonment for a crime committed on 2 August 1999. He contended that he was 17 years old at the time of the offence and therefore fell within the ambit of the Juvenile Justice (Care and Protection of Children) Act, 2000. The Supreme Court…

The Supreme Court examined whether members of the managing committees of cooperative credit societies, which were subject to winding‑up proceedings under Section 107 of the Gujarat Co‑operative Societies Act, could vote in elections for Agricultural Produce Market Committee members as prescribed by Section 11(1)(i) of …

The petitioner sought clarification of a Supreme Court order dated 21‑04‑2009, which recorded his statement that he would not press the prayer for mesne profits. The lower courts had awarded mesne profits of Rs.30 per month (with 10% increase every three years) and interest, while the petitioner had given up his claim …

The appellant, Tattu Lodhi, was convicted of kidnapping, rape, and murder of a seven‑year‑old girl. The trial court relied on circumstantial evidence, including the victim's last seen with the accused, forensic evidence of blood on a gunny bag and clothing, and a post‑mortem report showing injuries consistent with sexu…

The Union of India entered into a construction contract with U.P. State Bridge Corp. Ltd. that contained an arbitration clause under the General Conditions of Contract 2001, Clause 64. An arbitral tribunal of Railway officers was constituted in 2007 but failed to complete the proceedings for four years due to transfers…

The Supreme Court Bar Association (SCBA) and the Supreme Court Advocate‑on‑Record Association (SCAORA) filed IA No.6 seeking clarification of a judgment dated 20 July 2012 that applied the "ONE BAR ONE VOTE" principle to bar‑association elections. The earlier judgment excluded from voting in SCBA elections any person w…

The case concerned an attack in which three persons were killed and five injured, allegedly committed by a group of seventeen accused. The Sessions Court convicted four accused and acquitted the rest, but the charges were found to be improperly framed under CrPC sections 211‑213, lacking specific allegations for each d…

The Supreme Court dismissed a civil appeal filed by Lok Prahari challenging amendments to the Salaries, Allowances and Pensions of Members of Parliament Act, 1954 that grant pension, family pension and travel facilities to ex‑MPs and their spouses/companions. The petitioners argued that Parliament lacked competence to …

The appellant, one of seven accused in a murder case, sought to have PW64, a prosecution witness who had earlier given statements implicating himself in the conspiracy, summoned as an additional accused under Section 319 of the Cr.P.C. The High Court dismissed the petition, holding that PW64’s testimony was protected b…

Lok Prahari, a registered society, filed a writ petition alleging that several members of Parliament and State Legislatures had amassed assets disproportionate to their known sources of income, seeking greater transparency and possible disqualification. The Court examined whether undue accretion of assets could be made…

Tata Iron & Steel Co. (TISCO) was allotted a large parcel of land on which it draws water from the Subarnrekha River; the State of Bihar (now Jharkhand) built the Chandil Dam and issued a demand for payment of Rs.31.351 million, claiming it was a fee for water use. TISCO challenged the demand as unconstitutional, alleg…

Dr. Janet Jeyapaul, a senior lecturer at SRM University (a deemed university), was served a termination notice for alleged failure to conduct classes. She challenged the termination by filing a writ petition under Article 226 of the Constitution, which was initially allowed by a Single Judge who ordered her reinstateme…

Dhirendra Pal Singh, a retired Assistant Store Superintendent of Uttar Pradesh, had 30% of his gratuity and pension withheld on the ground of alleged stock discrepancies. No departmental enquiry under Article 351‑A of the Uttar Pradesh Civil Service Regulations was ever initiated, and the document relied upon was dated…

The case arose from a murder trial where the charge sheet under IPC sections 302, 201, 342 and 120B was filed against two accused. Twenty‑eight witnesses, including PW4 (Sawarmal) and PW5 (Chandri), had given statements that supported the prosecution. After about fourteen months, PW4 and PW5 filed applications under Se…

The appellant, Edara Hari Babu, was elected Chairperson of a Zilla Praja Parishad (ZPP) after voting for himself despite a whip issued by the Telugu Desam Party (TDP). The District Collector disqualified him under the Andhra Pradesh Panchayat Raj Act, 1994, and the Chief Executive Officer directed the Vice‑Chairperson …

The Supreme Court examined the recruitment process for the Punjab Superior Judicial Service conducted under the 2007 Rules, where candidates appeared for a written test and viva‑voce. The appellants, all General‑category candidates, claimed they were unfairly excluded after the merit list was altered post‑viva, and arg…

In 1988 a road‑rage incident in Patiala resulted in the death of Gurnam Singh after alleged fist blows by Navjot Singh Sidhu (A‑1). Rupinder Singh Sandhu (A‑2) was also alleged to have been present. The Sessions Court acquitted both accused; the Punjab & Haryana High Court reversed the acquittal, convicting them under …

The case concerned an election petition filed by Sharadendu Tiwari challenging the election of Ajay Arjun Singh. The dispute centered on whether the petition was accompanied by an affidavit in the statutory Form 25 as required by the proviso to Section 83(1)(c) of the Representation of the People Act, 1951, and whether…

Sundaram Finance Ltd. granted a loan to Abdul Samad, who defaulted, leading to arbitration under the loan agreement. An ex parte award of Rs.12.69 lakh was made, and Sundaram sought execution of the award in the Morena court, which dismissed the application for lack of jurisdiction, directing the appellant to first obt…

MIS STESALIT LIMITED, a manufacturer of railway parts, used copper coils for captive consumption in upgrading smoothing reactors without paying excise duty or filing the required declaration under Rule 173‑C. The adjudicating authority demanded unpaid duty and imposed a penalty of Rs 2,06,000 under Section 11‑AC read w…

Greaves Cotton Ltd entered into a contract with United Machinery & Appliances that contained an arbitration clause. United Machinery filed a civil suit for loss and damage, and Greaves sought an eight‑week extension to file its written statement while invoking the arbitration clause. The respondent objected, arguing th…

Ananda Poojary, a caretaker of his foster mother Dorathi Kutinho, was convicted under IPC sections 302 and 201 for allegedly murdering her to obtain her property, which she had bequeathed to him subject to marrying a Christian woman. The trial and High Courts relied on a post‑mortem report indicating asphyxia by smothe…

The Chhattisgarh State Electricity Board rejected R. Vijaykumar's tender after a performance report, prepared by the appellants (public servants), found his equipment unsatisfactory. Vijaykumar unsuccessfully pursued civil remedies, withdrew his suit, and then filed a criminal complaint alleging forgery and conspiracy …

The Supreme Court entertained Civil Appeal No. 877 of 2018 filed by Ashok Kumar and others against the State of Jharkhand concerning the payment of differential mandatory benefits, including increments, under the Jharkhand Judicial Service (Recruitment) Rules, 2004. The Court had earlier, on 11 May 2018, issued directi…

The Supreme Court considered appeals and writ petitions filed by Bharti Airtel Ltd and other telecom operators seeking renewal or extension of their licences granted under Section 4 of the Telegraph Act, 1885. The operators argued that the licences created a contractual right to extension and that the Government’s deci…

The case concerned the auction of a free‑hold land of a company in liquidation. The Company Judge accepted the highest bid of Vedica Procon Private Ltd. (Rs 148 crore) on 17‑12‑2013 and the official liquidator treated the order as confirming the sale. The unsuccessful bidder, Balleshwar Greens Pvt. Ltd., later offered …

The appellant, a landowner of 15.53 acres, disputed a Memorandum of Understanding (MoU) dated 27‑05‑2013 that the respondents claimed required him to sell half the land. The respondents filed an arbitration application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator …

The case arose from a fatal road accident in 2008 where a three-wheeler was struck by a truck. The victims' representatives filed claims under Section 166 of the Motor Vehicles Act against the truck's owner, driver, and insurer. The Motor Accident Claims Tribunal held the insurer liable, finding that the truck driver p…

Vijay Mallya, Chairman of United Breweries Ltd., was summoned under Section 40 of the Foreign Exchange Regulation Act, 1973 (FERA) to appear before the Enforcement Directorate regarding alleged violations of foreign exchange rules in a Benetton advertising agreement. He failed to appear on several summons, leading to a…

Two candidates contesting the Pune Municipal Corporation elections filed writ petitions in the Bombay High Court challenging a nomination rejection and a symbol allotment by the State Election Commission. The High Court dismissed both petitions on constitutional and alternative‑remedy grounds. The aggrieved candidates …

Vivek Singh (father) and Romani Singh (mother) contested custody of their minor daughter Saesha Singh. The mother filed a petition under Sections 25, 10 and 12 of the Guardians and Wards Act, 1980 seeking custody and guardianship; the Family Court dismissed it, but the Delhi High Court granted custody to the mother. On…

The respondent, a jewellery retailer, insured its stock under a jewellers block policy issued by United India Insurance. A burglary occurred at night, and the stolen items were kept in the shop's display window and out of the safe. The insurer denied the claim, relying on the notes to clauses 4 and 5 of the proposal fo…

Mulin Sharma, an assistant teacher, was compelled to resign under intimidation by school officials. The High Court reinstated him, finding the resignation involuntary, but denied back wages, prompting an appeal. The Supreme Court examined whether the appellant proved he was unemployed during the period from 23 May 1998…

The appellants, who had secured admission to medical colleges in Madhya Pradesh through the Pre‑Medical Entrance Test (PMT), challenged the cancellation of their results and admissions on the grounds that the Vyapam Board was not validly constituted under the Madhya Pradesh Professional Examination Board Act, 2007 and …

The Supreme Court examined whether Section 84(2) of the Electricity Act, 2003 obliges a High Court Judge to be appointed as Chairperson of a State Electricity Regulatory Commission and whether a member of law is required on the Commission. By interpreting the statutory language, the Court held that Section 84(2) is mer…

The appellant corporation’s bus collided with a motorcyclist, leading to a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claim Tribunal awarded Rs.24,73,252, which the corporation appealed to the Allahabad High Court under Section 173 of the Act. The High Court dismissed the appeal witho…

Six members of the Tamil Nadu Legislative Assembly were suspended for ten days of the next session and denied salary after a Privileges Committee found them guilty of breaching the House's privileges. They challenged the resolution under Article 32, alleging violations of Articles 19(1)(a), 19(1)(g), 14, and 21, and co…

The petitioners challenged the Aadhaar Card Scheme on the ground that the compulsory collection of biometric and demographic data violated the fundamental right to privacy under Article 21 of the Constitution. The Union of India and the UIDAI argued that the scheme is essential for the delivery of welfare benefits and …

The State of Jharkhand created Fast Track Courts (FTCs) to address case backlogs, appointing judges who were on the merit list for the regular judicial cadre but could not be placed due to limited cadre strength. The appellants served as FTC judges for about nine years and were later regularised into the regular judici…

Ashok Kumar and others were appointed as Civil Judges under the Jharkhand Judicial Service (Recruitment) Rules, 2004. Although they passed the examination conducted by the Judicial Academy, the State of Jharkhand denied their confirmation and increments on the ground that they had not cleared the higher‑grade Hindi dep…

The petitioners challenged four new disqualification clauses (t, u, v, w) inserted in Section 175(1) of the Haryana Panchayati Raj Act, 1994, arguing that they violated Article 14 by creating unreasonable classifications and that the right to vote and the right to contest elections are fundamental constitutional rights…

R. Periyasamy, a permanent cash officer of State Bank of India, was dismissed after a departmental enquiry found, on a preponderance of probabilities, that he was responsible for a cash shortage of Rs.1,25,000 and had violated service rules. The dismissal was upheld by the disciplinary authority and departmental appeal…

Ramanand Pandey, a Rural Agricultural Extension Officer, was promoted to Agriculture Development Officer (ADO) on 23 December 2005, with a condition that the Deputy Director verify any pending disciplinary inquiry. No such inquiry existed, but Pandey sent a representation on 14 August 2006 stating a complaint was pendi…

Basappa, a construction worker (Goundi), was seriously injured when a bus driven rashly collided with his motorcycle, resulting in a permanent disability of 58% to his whole body. He filed a claim under Section 166 of the Motor Vehicle Act, 1988, seeking Rs 15,00,000; the Motor Accident Claims Tribunal awarded Rs 93,80…

The dispute arose under Section 138 of the Negotiable Instruments Act between Prateek Jain (complainant) and Rakesh Kumar Jain (accused). While a criminal appeal was pending, the parties settled and filed a joint application under Section 147 seeking compounding and requested that the matter be taken before a Lok Adala…

The appellant, Sangili, was convicted of murdering a schoolboy, Muthuramaligam, on the basis of circumstantial evidence that included a phone call, alleged motive, and the recovery of a bicycle and knives. The prosecution failed to produce any eyewitnesses, did not establish a motive, and could not prove the last seen …

The petitioners, convicted under Sections 363, 366 and 506 of the IPC for a kidnapping case, appealed to the Allahabad High Court, were granted bail and sought an early hearing of their criminal appeal. The High Court ordered the case to be released and listed before an appropriate bench, prompting the petitioners to f…

M/s Chakreshwari Construction Pvt. Ltd., the owner of a shop leased to Manohar Lal, filed an eviction petition under the Rajasthan Rent Control Act, 2001 alleging subletting and lack of alternative accommodation. After the trial evidence was closed, the appellant sought to amend the petition under Order 6 Rule 17 CPC t…

The appellant, a joint managing director of a large export company, was arrested in 2010 on several economic offences alleged by multiple banks and the CBI. After a prolonged period of custody, intermittent interim bail on medical grounds, and the filing of charge sheets without framing of charges, the High Court rejec…

The wife filed a habeas corpus petition seeking the production and return of her minor daughter from the husband. The High Court dismissed the petition and directed the Family Court to decide the pending custody case. On appeal, the Supreme Court ordered the Family Court to dispose of the guardianship case on its merit…

Vijay Kumar Mishra and another, who had qualified for the Subordinate Judicial Service of Bihar, applied for the District Judge Entry Level (Direct from Bar) interview but were barred by the Patna High Court on the ground of Article 233(2) of the Constitution, which it interpreted to prohibit their participation in the…

Bajrang Bahadur Singh was elected to the Uttar Pradesh Legislative Assembly in 2012 and subsequently entered into four contracts with the State. The Governor, under Article 192, declared Singh disqualified under Section 9A of the Representation of the People Act, 1951, causing his seat to be declared vacant and a bye‑e…

The case arose from ONGC’s award of a seismic survey contract to Reflect Geophysical, which chartered the vessel Geowave Commander on a bare‑boat basis and entered into charter‑hire agreements with two appellants for the use of their trawlers. The appellants claimed unpaid dues and obtained orders for the arrest of the…

The case concerned whether SC/ST employees of public sector banks are entitled to reservation in promotions from one officer scale to the next. The banks relied on Office Memoranda dated 1‑Nov‑1990 and 13‑Aug‑1997, arguing that they only provided a concession and not reservation for Group‑A posts with a salary ceiling …

The dispute arose from a contract for earthwork where M/s Harish Chandra & Co. claimed payment for several items and the arbitrator awarded three of the six claims. The State of U.P. challenged the award under Section 30 of the Arbitration Act, 1940, alleging the arbitrator had committed legal misconduct by exceeding t…

P.D. Goel, a District and Sessions Judge of Himachal Pradesh, was issued a notification by the High Court in 2005 stating that he stood retired as of 31 July 2005, i.e., at the age of 58, under the proviso to Rule 14 of the Himachal Pradesh Judicial Service Rules, 2004. He challenged the notification, and a Single Judg…

The Supreme Court examined the validity of the Ministry of External Affairs' requirement that Private Tour Operators (PTOs) produce proof of payments for air tickets and accommodation (stipulation (vii) of Annexure A) for each year when seeking allocation of Haj quota. The petitioners, PTOs already registered under Cat…

The petitioner filed a contempt petition in the Bombay High Court alleging that the State of Maharashtra had failed to pay interest at 11% as directed by the Supreme Court in Civil Appeal No. 8539 of 2002. The High Court dismissed the petition, holding that any alleged non‑compliance of a Supreme Court order must be ad…

The appellant, Abdulrasakh, was elected to the Kerala Legislative Assembly in May 2016. Two voters filed an election petition under Section 123(4) of the Representation of People Act, 1951 alleging corrupt practices, and presented the petition on 1 July 2016. The High Court Registry returned the petition for defects; i…

The appellant, a Branch Manager of Bank of India, was served a charge‑sheet for alleged loan‑disbursement irregularities and was punished by reduction of basic pay. He had applied for voluntary retirement under the Bank's Voluntary Retirement Scheme, 2000, before the scheme's deadline, but the bank accepted his applica…

The Supreme Court had earlier held that there is no reservation in promotion by selection for Group‑A posts (salary up to Rs 5700) in banks, only a concession, but the judgment also contained a contradictory paragraph stating that reservation applies to posts with salary less than Rs 5700 (pre‑revised) and thus directe…

The Supreme Court examined the interpretation of Rule 7 of the Customs Tariffs (Identification, Assessment and Collection of Anti‑Dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, to determine whether the Designated Authority (DA) could claim confidentiality for its own reasons or findings. …

The appellant, Ramaiah, was charged with dowry‑related offences (IPC 498‑A, 304‑B, 201, 176) and violations of the Dowry Prohibition Act (ss.3,4) after his wife Laxmi died an unnatural death within six months of marriage. The trial court acquitted him, finding no evidence of dowry demand, harassment, or that the presum…

The petitioners, private tour operators (PTOs) who had qualified for the 2015 Hajj quota but missed out in the draw of lots, applied for registration and allocation of quota for the 2016 Hajj. The Ministry of External Affairs rejected their applications on the ground of non‑compliance with clauses (vii), (x), (xi) and …

The appeals filed by the Union of India and other respondents challenged the validity of acquisition proceedings that had been initiated after tenure‑holders raised objections under Section 5‑A of the Land Acquisition Act, 1894. The petitioners contended that the objections were maintainable and that the subsequent acq…

The appellants, tenants of a shop, challenged an eviction petition filed by the landlord (respondent No.1) under Section 14(1)(e) of the Delhi Rent Control Act, 1958. The landlord claimed ownership through an adoption deed executed 17 years after the death of the original owner and sought eviction on the ground of bona…

The landlord Atma Ram Properties sued its tenant Oriental Insurance for possession, claiming that a huge property tax payable under the New Delhi Municipal Council Act, 1994 could be treated as arrears of rent, raising the total rent above Rs.3,500 per month and thereby removing the tenant’s protection under the Delhi …

The appellant, Parvaiz Ahmad Parry, held a B.Sc. with Forestry as a major subject and an M.Sc. in Forestry, and applied for the post of Range Officer (Forest) Grade‑I under the J&K Forest Service Recruitment Rules, 1970, which required "B.Sc. (Forestry) or equivalent" from a university recognised by ICAR. The JKPSC dec…

The appellants, Sirajul and others, were summoned in a criminal complaint under Section 307 IPC filed by respondent No.2, a co‑accused who had been convicted in a cross‑case relating to the same 1992 incident. The complaint was lodged in 2008, sixteen years after the alleged offence and more than a decade after the cro…

An FIR under the NDPS Act led to the arrest of a accused who escaped while being escorted by police constables. The constables were charged under IPC Section 222 and convicted, prompting them to file a criminal appeal. The Gujarat High Court, after dictating an acquitting order in open court but before signing it, reca…

Sutlej Construction was awarded a contract by the Union Territory of Chandigarh for earth excavation, loading, and transport. The contract was terminated by the respondent, leading the appellant to invoke the arbitration clause; an arbitrator was appointed and issued an award partially in favour of the appellant, rejec…

M/S MSP Infrastructure Ltd. and M.P. Road Development Corp. entered into a road development contract that was later referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitral tribunal awarded Rs. 6.90 crores to the appellant, after which the respondent filed a petition under Section 34 to se…

The exporter, Ganesh PolytEx Ltd., alleged that Transport Corporation of India Ltd. failed to deliver four consignments of yarn fabric to Benapole Customs in Bangladesh, seeking compensation under the Consumer Protection Act. The National Consumer Disputes Redressal Commission ordered the transporter to pay the claimed…

The Supreme Court heard appeals by Prabhu Chawla and Jagdish Upasane challenging a Rajasthan High Court order that dismissed their petitions under Section 482 of the Cr.P.C., on the ground that the same relief could be obtained through a revision petition under Section 397. The Court examined a conflict between two ear…

In 1999, two men withdrew Rs. 4 lakh from a bank, were ambushed, shot, and robbed of the money bag. One victim, Varun Kumar, died; another, Kamaljit Singh (PW‑2), was injured. After a seven‑year investigation, the accused were arrested and tried. The trial court, affirmed by the High Court, convicted them under IPC sec…

Mukhtiar Singh, a revenue patwari, demanded Rs.600 from a complainant for a copy of a land record and was caught red‑handed when a police‑laid trap involving phenolphthalein‑treated currency notes was executed. The trial court convicted him under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988,…

M/s Gangotri Enterprises Ltd entered into two contracts with North Central Railway: a 2005 earth‑work contract that was later terminated, and a 2006 Anand Vihar works contract for which it furnished a performance bank guarantee. After completing the 2006 work, the contractor sought the return of the guarantee, but the …

The appellant, the younger brother of a constable killed in duty, was appointed as a constable on compassionate grounds to support the deceased's widow and children. He served satisfactorily for fifteen years, during which he continued to maintain the family. The State later terminated his services, contending that a b…

The appellant, Ashim Ranjan Das, purchased land that had earlier been transferred to two patta holders, Shibu Bodhak and Tapan Malik, after a series of proceedings under the West Bengal Estate Acquisition Act, 1953. The Revenue Officer had earlier cancelled tenancy rights under Section 44(2a), but that order was set as…

The Supreme Court considered whether the Maharashtra Government could, under the Maharashtra Universities Act, extend the Sixth Pay Commission pay scales to non‑teaching staff of unaided engineering colleges affiliated to state universities. The appellants, two unaided colleges, argued that the 2009 Rules applied only …

The respondent, owner of the Kannada daily "Jaya Kirana", was charged under Sections 500, 501 and 502 of the Indian Penal Code for publishing a news item that the appellant claimed was defamatory. The appellant filed a private complaint, which led to criminal proceedings; the respondent sought quash of the case under S…

The appeal concerned the filing of an election petition challenging the election of Smitasubhash Sawant as a municipal corporator. The petition was filed on 28 February 2012, and the question was whether the ten‑day limitation under Section 33(1) of the Mumbai Municipal Corporation Act, 1888, began on the date the list…

The Tamil Evangelical Lutheran Church (TELC), a society registered under the Societies Registration Act, 1860 in 1919 with a religious purpose, sought exemption from the Tamil Nadu Societies Registration Act, 1975. The State Government granted limited exemptions, leading to multiple writ petitions and appeals contestin…

The husband and wife divorced in 2009, and the wife sought permanent alimony. The Family Court initially awarded Rs.24,00,000, which the High Court increased to Rs.40,00,000, reasoning that the wife needed Rs.40,000 per month and would have to invest Rs.40,00,000 to generate that income. The wife appealed, contending t…

The contractors Y. Sleebachen and others obtained three arbitration awards against the Government of Tamil Nadu for contracts. The government challenged the awards under Section 34 of the Arbitration and Conciliation Act, 1996, but while the petitions were pending the parties negotiated a settlement in which the contra…

Gorkha Security Services, a contractor, was awarded a security services contract by the Delhi Government but allegedly failed to comply with statutory wage and benefit obligations. The Department issued a show‑cause notice on 6 February 2013 detailing various defaults but did not expressly state that blacklisting was a…

The appellant's husband, Yumman Somendro, was arrested in January 2011 for murder and, while in police custody, was served with a detention order under the National Security Act (NSA) dated 31 January 2011, which was later confirmed by the Governor for twelve months. The order was based solely on the subjective satisfa…

The appellant, a contractor, entered into a contract with the Union of India for railway works and later issued a 'No Claims Certificate' after abandoning the work. Disputes arose and the appellant sought arbitration under Section 11(6) of the Arbitration and Conciliation Act, 1996, leading to an arbitral award that in…

The appellants, Syeda Rahimunnisa and Syed Hyder Hussaini, sued the respondents (legal heirs of Haji Mian) for eviction and damages, asserting a landlord‑tenant relationship. The respondents counter‑claimed title to the land by adverse possession and filed three related suits. The trial court and the first appellate co…

The appellants filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, claiming personal necessity for premises they alleged they owned and had leased to the respondents. During the trial the respondents sought to amend their written statement to deny the appellants' ownership, assert…

Mumbai Waste Management Ltd. (MWM) was allotted a western Maharashtra belt for hazardous waste collection under a 2005 letter of award. Later, SMS Infrastructure Ltd. received a consent for overlapping areas, prompting MWM to challenge the curtailment of its territory, arguing that the 2008 Hazardous Waste Rules stripp…

Gujarat Urja Vikas Nigam Ltd (GUVNL) entered into a Power Purchase Agreement (PPA) with EMCO Ltd for a 5 MW solar project, the tariff being fixed by the Gujarat Electricity Regulatory Commission (GERC) in its first tariff order of 29 Jan 2010, which assumed the benefit of accelerated depreciation under Section 32 of th…

Venture Global Engineering (Venture) and Tech Mahindra (formerly Satyam) entered into a joint‑venture agreement under which each held 50% of a JV company. An arbitration under the London Court of International Arbitration awarded the shares of Venture to Satyam, finding Venture in default. After the award, the former S…

Ram Daan filed a suit seeking a permanent injunction to prevent Urban Development Trust from dispossessing him of a 4,914‑sq‑yard plot, claiming uninterrupted possession since 1942. The respondent asserted that the land belonged to the State of Rajasthan and that the appellant had been evicted in 1965 under Section 91 …

The appellants challenged a writ petition filed by the respondents before the Allahabad High Court that sought to quash an order of the Debt Recovery Tribunal (DRT) Delhi approving the auction of the respondents' property under the SARFAESI Act. The High Court, after finding no ground to interfere with the DRT order, n…

The State of Rajasthan filed a fresh batch of Special Leave Petitions (SLPs) challenging a High Court order dated 29‑11‑2011, which had already been the subject of earlier SLPs that were dismissed. The Supreme Court examined whether a coordinate bench could entertain new SLPs against the same impugned order when the ma…