K G BALAKRISHNAN

The petitioners, owners of land near the Zuari River in Goa, obtained permission to construct a hotel and residential complex after the Coastal Regulation Zone (CRZ) Notification was amended in 1994 to relax the no‑development zone from 100 metres to 50 metres from the high tide line. The amendment was later struck dow…

M/s Maruti Clean Coal & Power Ltd. obtained a 99‑year lease from the Chhattisgarh government to set up a 10 MT/Y coal washery. South Eastern Coal Field Ltd. (SECL) later claimed title to the land and, despite the petitioner having constructed the plant and obtained all necessary approvals, refused to supply coal or iss…

Ramdas Athawale, a Lok Sabha member, filed a writ petition under Article 32 challenging the validity of the Lok Sabha's resumption on 29 January 2004, arguing that the President’s special address under Article 87 was required because it was the first session of the year. The Court held that the December 2003 session wa…

The actress S. Khushboo made remarks in a 2005 news‑magazine survey endorsing societal acceptance of premarital sex and live‑in relationships. Several members of the PMK political party filed criminal complaints alleging defamation, obscenity, indecent representation of women and incitement under the IPC and the Indece…

Captain Amarinder Singh, former Chief Minister of Punjab, was expelled from the Punjab Vidhan Sabha for the remainder of its 13th term after a Special Committee found him involved in an alleged illegal exemption of land during his tenure as Chief Minister in the 12th term. The appellant challenged the expulsion, arguin…

Four members of a political party filed a public‑interest writ petition under Article 32 of the Constitution alleging that the Chief Minister of Sikkim had amassed assets disproportionate to his known income and misappropriated public funds. They sought a mandamus directing the Central Bureau of Investigation to launch…

The Supreme Court reviewed petitions filed by polluting industries that had been ordered to surrender portions of their land for green belts after relocation from Delhi. The petitioners argued that the Delhi Development Authority (ODA) must acquire the surrendered land under Section 15 of the Delhi Development Authorit…

Jagdish, a Class‑3 life convict sentenced in 1999, applied for premature release after serving more than ten years. The High Court ordered his case to be considered under the remission policy dated 04‑02‑1993, rejecting the newer short‑sentencing policy of 13‑08‑2008. The State appealed, arguing that the later policy, …

The appellant, a carrier, appealed against a complaint filed by the assured (a consignor who was also a consumer) and the insurer under the Consumer Protection Act, 1986, seeking compensation for loss of a consignment. The goods were insured, the insurer paid the assured, and the assured executed a Letter of Subrogatio…

The Supreme Court examined whether a High Court, exercising its jurisdiction under Article 226, could direct the Central Bureau of Investigation (CBI) to investigate a cognizable offence that occurred within a State's territory without the State's consent, in light of the Delhi Special Police Establishment Act, 1946 (S…

PTC India Ltd and other traders challenged the Central Electricity Regulatory Commission's (CERC) Fixation of Trading Margin Regulations, 2006, alleging they were ultra vires. They appealed to the Appellate Tribunal for Electricity, which dismissed the appeal, directing them to seek judicial review. The Supreme Court e…

The appellant, elected President of Nagar Palika Zora, was served a show‑cause notice and removed by the State Government under Section 41‑A of the Madhya Pradesh Municipalities Act, 1961 on allegations of financial loss, alteration of minutes and hasty appointment of a Chief Municipal Officer. The High Court upheld th…

The Supreme Court considered writ petitions challenging the constitutional validity of the reservation provisions in the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) and the Jharkhand Panchayat Raj Act, 2001, which reserved 50% of seats for Scheduled Tribes (ST) and all chairperson posts for STs in Pa…

The Supreme Court examined the constitutional validity of Chapters 1B and 1C of the Companies Act, 1956 (as amended by the Companies (Second Amendment) Act, 2002) which created the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) and transferred the jurisdiction of High Court…

The Madras Bar Association challenged the constitutional validity of the National Tax Tribunal Act, 2005 and the provisions of Article 323B (and Article 3238) of the Constitution, arguing that the Act undermines the basic structure by creating a parallel tribunal system under executive control. The petition also contes…

The petitioners challenged the constitutional validity of Articles 243‑O(4), 243‑O(6), 243‑T(4) and 243‑T(6) inserted by the 73rd and 74th Amendments, arguing that reservations of chairperson posts and of seats for backward classes in Panchayats and Municipalities violated equality, democracy and the basic structure. T…

The Supreme Court was called upon to resolve a dispute over the right to mine iron ore in six leases in Andhra Pradesh that bordered the state of Karnataka. The State of Andhra Pradesh sought to maintain a status‑quo injunction, arguing that mining could prejudice the demarcation of the inter‑state boundary, while the …

Chemplast Sanmar Ltd. sought to set up a PVC plant in Cuddalore, Tamil Nadu, importing Vinyl Chloride Monomer (VCM) via a marine terminal and laying pipelines that cross the Uppanar river. The Ministry of Environment and Forests (MOEF) granted environmental clearance under the 1991 Coastal Regulation Zone (CRZ) Notific…

Eight persons were tried by a Sessions Court in Madhya Pradesh for murder and related offences under the Indian Penal Code. The High Court set aside their convictions, and the State appealed, but only four of the accused were impleaded as respondents in the appeal. The Supreme Court, in a 2008 judgment, reversed the ac…

The Secretary & Curator of the Victoria Memorial Hall (VMH) appealed against the Calcutta High Court’s order rejecting an expert committee’s recommendation to construct a new annex within the VMH campus and refusing a modification application to raise the building up to 30 ft. The High Court had dismissed the recommend…

Reliance Natural Resources Ltd. (RNRL) and Reliance Industries Ltd. (RIL) entered into a Scheme of Arrangement under the Companies Act, 1956, based on a family Memorandum of Understanding (MoU) between the Ambani brothers. RNRL sought enforcement of gas supply terms from RIL, alleging that the Gas Sales Master Agreemen…

The appellant, a mechanic, borrowed Rs 45,000 from the respondent, an engineer, and issued a post‑dated cheque for repayment. The cheque was presented but the bank returned it with a "payment stopped by drawer" memo after the appellant gave stop‑payment instructions. He failed to honour the cheque within the statutory …

In 2004 the President, on the advice of the Union Council of Ministers, removed the Governors of Uttar Pradesh, Gujarat, Haryana and Goa. A public‑interest writ petition was filed challenging the removals and seeking to read limitations into Article 156(1) of the Constitution. The Court held that the petition was maint…

The Supreme Court examined the validity of Rule 16(2) (and sub‑rules 3‑5) of the Civil Services Examination Rules, which allow meritorious candidates belonging to reserved categories (MRCs) who are placed in the general merit list to migrate to the reserved pool at the time of service allocation. The petitioners argued…

The Commissioner of Income Tax, Surat appealed against the order of the Income Tax Appellate Tribunal which had set aside a penalty imposed on Saheli Leasing & Industries Ltd. for concealment of income. The assessee had filed a return showing NIL income and claimed excessive depreciation, resulting in a loss, but the a…

The petitioners challenged the Members of Parliament Local Area Development (MPLAD) Scheme as unconstitutional, arguing that the allocation of funds from the Consolidated Fund of India violated Articles 266(3), 275, 282 and the principle of separation of powers, and gave MPs an unfair electoral advantage. The Court exa…

The petitioners challenged several amendments made by the Administrative Tribunals (Amendment) Act, 2006, including the abolition of the Vice‑Chairman post, the new qualification criteria for Administrative Members, the ten‑year total tenure limit (s.10A), differential service conditions for members appointed before an…

The State of Orissa filed a suit under Article 131 of the Constitution seeking a declaration that the Borra group of villages belonged to it, asserting that the area was part of the Jeypore (Imparible) Estate transferred to Orissa in 1936. The State of Andhra Pradesh contested the suit, arguing that the disputed area w…

The Supreme Court examined the legality of land acquisitions undertaken by the Bangalore Development Authority (BDA) for the Arkavathi layout, focusing on whether the BDA Act required President's assent, was repugnant to the Land Acquisition Act, and complied with constitutional provisions under Parts IX and IX‑A. The …

The Supreme Court considered whether the involuntary administration of narcoanalysis, polygraph, and Brain Electrical Activation Profile (BEAP) tests for investigative purposes violates fundamental rights. The Court held that compulsory administration of these techniques violates Article 20(3) of the Constitution, whic…

Khanapuram Gandaiah, involved in multiple civil suits over land, sought under the Right to Information Act, 2005, the reasons why a judicial officer (Respondent No.4) had dismissed his miscellaneous appeal, alleging judicial dishonesty. His RTI application under Section 6 was rejected, and subsequent appeals before the…

The Central Bureau of Investigation (CBI) sought transfer of two kidnapping‑murder cases involving an NSCN (IM) activist from the Chief Judicial Magistrate's Court in Ukhrul, Manipur to a CBI‑court in Delhi under Section 406 of the CrPC. The incidents involved the abduction and killing of three government employees, sp…

The appellant and respondent were parties to commercial transactions in which five cheques issued by the appellant were dishonoured, leading to criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881. After protracted litigation up to the Supreme Court, the parties reached a settlement and sought…

The Supreme Court examined whether the State of Bihar could file an appeal under Section 378(1) of the Code of Criminal Procedure, 1973 against an acquittal rendered by a Special CBI Judge when the offence was investigated by the Delhi Special Police Establishment (CBI). The Court held that the opening words "save as o…

The Supreme Court examined appeals by several General Category candidates (Rakhi Ray & Ors.) who sought appointment as District Judges after the High Court of Delhi had filled 13 advertised General Category vacancies and left some reserved posts unfilled. The petitioners argued that 13 additional vacancies that arose d…

The Delhi High Court advertised 20 District Judge vacancies, reserving three for Scheduled Castes. Two SC candidates, Ramesh Kumar and Desh Raj Chalia, cleared the written test but were deemed unsuitable because they failed to obtain the prescribed minimum marks in the interview. They filed writ petitions under Article…