K MAHESHWARI

The appellant, a driver employed by the Telangana State Road Transport Corporation, was found colour‑blind during a routine medical check and was retired on medical grounds without being offered an alternative post. He claimed entitlement to redeployment under Clause 14 of a 1979 Memorandum of Settlement (MOS) executed…

Ashok Kumar, the owner of a insured truck, filed a consumer complaint after his vehicle was stolen on 26 June 2008. The insurer, New India Assurance, repudiated the claim on the grounds of alleged breaches of policy conditions 1 (delay in intimation) and 5 (leaving the key in the vehicle). The original complaint filed …

The appellants, retired Indian Navy officers, were re‑employed by Punjab National Bank and initially received a basic pay higher than the ceiling prescribed in the Indian Banks Association (IBA) Clarification of 2018. The bank later re‑fixed their pay at a lower amount, citing the IBA Clarification and an HRMD Circular…

Pankaj Srivastava filed a writ petition seeking a compassionate appointment as a clerk after the death of his father, a Bank of India employee. The bank opposed, invoking Clause 10(iv) of its compassionate appointment scheme and a 2002 board letter that required Government approval where disciplinary proceedings could …

The appellants, who had passed the Jharkhand Teacher Eligibility Test (JTET) under the 2022 Recruitment Rules, challenged a High Court order that allowed candidates who cleared the Central Teacher Eligibility Test (CTET) or neighbouring states' Teacher Eligibility Tests (STET) to participate in the ongoing recruitment …

The respondent, a constable in the Punjab Armed Forces who was later transferred to the Commando Force, was absent without leave on several occasions, the last being a 37‑day unauthorized absence in 1994. A departmental enquiry was held, during which the respondent neither cross‑examined witnesses nor produced any defe…

The father of a divorced woman filed an FIR in 2021 alleging that his former in‑laws had retained the gold ornaments he had given as stridhan at his daughter's 1999 marriage. The daughter had divorced in 2015, remarried in 2018, and a separation agreement had already settled all marital property. The High Court refused…

The appellant, a senior Income Tax officer, was convicted under the Prevention of Corruption Act for allegedly demanding and accepting a bribe of Rs.15,000 from the complainant, Madhu Bala, during a CBI‑operated trap. The prosecution relied primarily on the complainant’s testimony and on the recovery of currency notes …

The appellant, Vijay Krishnaswami, was searched in 2016 and Rs.4.93 crore of unaccounted cash was seized, leading the Revenue to initiate prosecution under s.276C(1) of the Income Tax Act for the assessment year 2017-18. The appellant filed a quashing petition and later applied to the Settlement Commission under s.245C…

The President of India referred a matter under Article 317(1) of the Constitution seeking the removal of Ms. Mepung Tadar Bage, a member of the Arunachal Pradesh Public Service Commission (APPSC), alleging misbehaviour in connection with the leakage of the Assistant Engineer (Civil) Mains Examination question paper in …

The case concerned the inter‑se seniority of two groups of Junior Engineers in Nagaland: those directly recruited in 2003 and those who were Sectional Officers, Grade‑I, whose posts were upgraded to Junior Engineer in 2007. A seniority list prepared on 26 March 2018 placed the direct recruits above the upgraded officer…

The appellant, Alifiya Husenbhai Keshariya, was injured in a road accident and claimed Rs 10 lakhs before the Motor Accident Claims Tribunal, which awarded her Rs 2,41,745 with interest. She filed a Miscellaneous Application in the Gujarat High Court seeking permission to appeal the award as an indigent person, arguing…

The appellant sought higher compensation for 33,387 sq. m of non‑agricultural land acquired by the Gujarat Housing Board under the Land Acquisition Act, 1894. The Reference Court had awarded Rs.45 per sq. m, which the High Court enhanced to Rs.53 per sq. m, but the appellant argued that these amounts were far below the…

The appellant Gauri Mahto was convicted under Section 364A of the IPC for kidnapping a child and demanding ransom. The prosecution’s case relied on the confessional statement of a co‑accused, the testimony of the investigating officer, and the recovery of the child from a house alleged to belong to the appellant, while…

The landlord owned Shop No. 4 in Gorakhpur and leased it to the tenant on a five‑year fixed tenancy starting 1 July 1985, with a clause for rent increase upon consent after expiry. After the tenancy ended on 30 June 1990, the tenant remained in possession without a renewed lease and failed to pay the agreed rent and pe…

The State Bank of India (SBI) disciplined its field officer A.G.D. Reddy for alleged misconduct, including failure to conduct periodical inspections and not completing formalities for an equitable mortgage, and imposed a penalty of reduction in basic pay to the lowest stage in Scale‑I under Rule 49(e) of the SBI (Super…

The appellant, a homebuyer, paid Rs.21.18 lakh to the respondent for the construction of a flat, which remained incomplete beyond the presumed two‑year period. The Madhya Pradesh State Consumer Dispute Redressal Commission ordered the respondent to refund the entire amount with 9% simple interest and a modest litigatio…

The respondent, a former employee of Bajaj Allianz Life Insurance Co., challenged his termination before the Central Government Industrial Tribunal, which issued an ex‑parte award reinstating him despite the company not being a party to the proceedings. The award was later challenged in the High Court, which dismissed …

The dispute arose when M/s OM Gurusai Construction Company (appellant) submitted the additional performance security for a water resources project two days later than the two‑working‑day deadline stipulated in Clause 2.22.0(ix) of the tender, due to a nationwide strike by employees of nationalised banks on the prescrib…

The respondent, a medical advisor, retired on superannuation at age 58 in 2005 and received leave encashment for a maximum of 300 days under Rule 36 of the Sikkim Government Services (Leave) Rules, 1982. He was subsequently re‑employed on the same post until 2019, during which he accumulated further earned leave and wa…

The case concerned the murder of Manmohan Ghosh in 1989, for which six relatives were charged, including Nimai Ghosh, Sonachand Ghosh and Sambal Ghosh. The trial court acquitted all accused, finding the eyewitness testimonies unreliable and noting the absence of the weapon and forensic evidence. The High Court reversed…

The petitioners, Sweety Kumari, Vikramaditya Mishra and Aditi, were candidates in the 30th and 31st Bihar Judicial Service examinations and had their candidatures rejected by the Bihar Public Service Commission (BPSC) for not producing original character or law degree certificates at the interview, despite having true …

NKD Maritime Ltd purchased the vessel M.V. Karnika at a public auction ordered by the Bombay High Court in a commercial admiralty suit, with a bill of sale stating the vessel was sold free of all encumbrances. After taking possession, the Mumbai Port Trust demanded anchorage charges, calculating a rate of Rs.15 lakh pe…

The appellant, Maitreyee Chakraborty, was appointed as Assistant Professor in Law on a lien vacancy at Tripura University and served continuously from January 2017. The university’s employment notice stipulated that such appointments would be regularized upon vacation of the lien and satisfactory performance. After the…

The Indian Council of Agricultural Research (ICAR) created two separate cadres – Agricultural Research Service (ARS) for scientists and Technical Service (TS) for technical staff – each governed by distinct service rules. A 1999 scheme granted scientists two advance increments upon acquiring a Ph.D., but technical staf…

The respondent, Mitul Kumar Jana, was selected as a constable in the West Bengal Police and submitted a police verification roll that asked about arrest, detention or conviction. He answered "no" to the question, while a criminal case was pending against him. The Administrative Tribunal held that he had not suppressed …

Ravindra Kumar applied for a constable post in February 2004 and was later implicated in a criminal case, which he was acquitted of in September 2004. He filed a character verification affidavit in October 2004 stating that no criminal case had ever been registered against him. The State cancelled his selection in Apri…

The appellant, a substitute teacher appointed in 1989, sought to be absorbed as an Assistant Teacher in the Higher Secondary Section and to receive continuity of service. The High Court had denied both reliefs. The Supreme Court held that his claim for absorption as an Assistant Teacher was barred by constructive res j…

Dr. Suman V. Jain, a permanent principal of a college run by Marwadi Sammelan Trust, submitted a prospective resignation on 25 March 2003 effective from 24 September 2003. The Trust accepted the resignation on 8 April 2003, calling it "final, binding and irrevocable," and later rejected her request to withdraw the resi…

The petitioner, a peon employed by the State of Odisha since 1978, sought promotion to the post of Tracer, claiming she met the qualifications and that denial violated Article 14. The State argued that the Tracer post is a non‑promotional post to be filled 100% by direct recruitment as per the Sub‑ordinate Architectura…

The petitioner, a former BSNL examiner, was removed from service for repeated unauthorized absences and his removal was upheld by the CGIT and the Bombay High Court. He subsequently filed numerous review petitions, special leave petitions, and complaints alleging corruption, all of which were dismissed. In 2021 he file…

The case arose from a motor vehicle accident in 2006 in which T.C. John died, leaving his widow and three daughters as claimants. The claimants obtained a compensation award of ₹4,15,000 with interest from the Motor Accidents Claim Tribunal, and later filed an appeal before the Kerala High Court, which was delayed by 7…

Meera Devi, the owner of a house in Jhansi, filed an eviction suit against tenant Dinesh Chandra Joshi for non-payment of rent. The trial court ordered eviction and payment of compensation, but the High Court later set aside the suit. During the pendency of the appeal, the Supreme Court directed the tenant to pay rent …

The appellants were appointed to Class III posts in the Jharkhand State Electricity Board through an internal advertisement in 2009, but their appointments were later cancelled en masse on the ground that they were beyond the sanctioned strength. The High Court Division Bench held the appointments illegal and set aside…

The appellant, a wait‑listed candidate for principal posts in non‑government aided colleges, was recommended for appointment to a PG college on 3 August 2022 but did not join due to family circumstances and later sought posting to another college. The Director, relying on Section 13(4) of the Uttar Pradesh Higher Educa…

The deceased, employed as a truck driver by the second respondent, died in a road accident and his wife, son and parents claimed compensation under the Workmen’s Compensation Act, 1923. The Deputy Labour Commissioner‑cum‑Commissioner awarded Rs.4,31,671 with 6% interest, but the claimants challenged the award on the gr…

The appellant, a 21‑year‑old wife residing in Chennai, sought the transfer of her husband’s petition for annulment of marriage filed in the Family Court at Vellore to the Family Court at Chennai under Section 24 of the Code of Civil Procedure. She also had two other matrimonial petitions – restitution of conjugal right…

The landlord, Bijay Kumar Manish Kumar HUF, sued tenant Ashwin Bhanulal Desai for non‑payment of rent on four premises where the lease, executed in 1991‑92, was allegedly forfeited due to arrears. The tenant remained in possession and the landlord sought payment of "monthly occupational charges" at the prevailing marke…

The appellant, a 21‑year‑old veterinary student and state‑level volleyball player, suffered quadriplegia and 100% disability after being hit by a car, and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 5,16,000, which the High Court enhanced to Rs 15,25,600 by ass…

The Uttar Pradesh Legislative Council’s recruitment process for staff was challenged on grounds of unfairness, arbitrariness and collusiveness, leading to writ petitions and a special appeal. The High Court, while hearing the special appeal, directed a suo motu public interest litigation and ordered a preliminary enqui…

The father filed a habeas corpus petition after the mother left India with their daughter and allegedly left their five‑year‑old son with the maternal grandparents without informing him, violating UK High Court video‑call orders. The High Court of Punjab & Haryana directed that interim custody of the son be handed over…

The appellant, Chandramani Nanda, suffered severe head injuries in a motor vehicle accident on 16 January 2014, resulting in 100% functional disability and loss of earning capacity. The Motor Accident Claims Tribunal awarded him ₹20,60,385, which the High Court enhanced to ₹30,99,873 by treating his disability as 100% …

The Special Police Establishment (SPE) of Madhya Pradesh, constituted under the 1947 Act to investigate corruption‑related offences, was directed by the High Court to disclose information sought by a Town Inspector under the Right to Information Act, 2005 (RTI). The appellant argued that a 2011 State Government notific…

The Alpha G184 Owners Association, a society of housing project allottees, filed several consumer complaints before the National Consumer Disputes Redressal Commission seeking possession, compensation for delay and other reliefs against Magnum International Trading Company, the builder. The builder challenged the assoc…

The appellant Govind was convicted for murder under Section 302 IPC and for illegal possession of a firearm under Section 25 of the Arms Act based primarily on the recovery of a country‑made pistol and two live cartridges from an iron box in his house and a forensic report linking the cartridges to the bullets recovere…

Arcelor Mittel Nipp​on Steel India Ltd. and Essar Bulk Terminal Ltd. entered into a cargo‑handling agreement containing an arbitration clause. The appellant invoked the clause, the respondent claimed the dispute was non‑arbitrable and filed Section 9 applications for interim relief in the Commercial Court. While the Hi…

The tenant (appellant) occupied a flat in Kolkata and was served a summons for eviction on 29 September 2022. He filed applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997, together with a Section 5 Limitation Act application, 17 days after the statutory 30‑day period for depositing r…

The case concerned a modified transfer order dated 20 April 2023 of a Deputy Director of School Education, issued on the basis of a UO note from a local MLA. The employee (respondent No.5) challenged the modification, alleging arbitrariness, but the Single Judge of the Gauhati High Court dismissed the petition, finding…

The appellant, a police constable, was dismissed by the Deputy Commissioner of Police under clause (b) of the second proviso to Article 311(2) of the Constitution without a departmental inquiry, on the ground that it was not reasonably practicable to hold one due to alleged threat, intimidation and possible tampering o…

The Municipal Corporation of Greater Mumbai (MCGM) entered into a consultancy contract with M/s R.V. Anderson Associates Ltd. and, after completion of work, a payment dispute arose. The parties invoked an arbitration clause, appointing two arbitrators who later appointed a presiding arbitrator after the 30‑day period p…

The case involved an IAS officer (the aggrieved woman) who alleged that an IRS officer (the appellant) sexually harassed her at Krishi Bhawan, New Delhi. She filed a complaint under the POSH Act before the Internal Complaints Committee (ICC) of her own department, the Department of Food and Public Distribution. The app…

The appellants were convicted under IPC sections 323 and 324 read with section 34 for assaulting a victim's family and were sentenced only to pay fines of Rs.500 and Rs.2,000 respectively. They appealed, seeking the benefit of sections 3 and 4 of the Probation of Offenders Act, 1958, arguing that the Act should apply e…

The petitioners, including Ms. Divya, applied for the 2022 Civil Services Examination (CSE) claiming reservation under the Economically Weaker Section (EWS) category but were rejected by the UPSC because they did not possess the required Income & Asset Certificate (I&AC) for FY 2020‑21 before the prescribed cut‑off dat…

The respondent, a sub‑staff of Canara Bank, was found guilty of making unauthorized entries, coercing the branch manager to sanction loans for his family, and tampering with bank records, leading to his compulsory retirement in 2006. The disciplinary authority’s findings were affirmed by the appellate authority, and th…

The Supreme Court dismissed the respondent's Special Leave Petitions and granted the landlord nine months to obtain vacant possession of the premises, subject to an undertaking. The respondent failed to file the undertaking on time, filed multiple review and extension applications, and deliberately avoided personal app…

Mihan India Ltd (MIL) invited global tenders for the up‑gradation, modernisation, operation and maintenance of Nagpur Airport. GMR Airports Ltd (GAL) emerged as the highest bidder after negotiating a higher revenue‑share and MIL issued a letter dated 07‑03‑2019 accepting the revised proposal, which GAL acknowledged. De…

MSEDCL issued a Letter of Intent (LOI) accepting R Z Malpani's bid for a civil work tender but the LOI was conditional and did not constitute a final contract. The parties never executed a work order, and the LOI merely allowed preliminaries. The respondent invoked the arbitration clause in the tender's Special Conditi…

The dispute arose between the promoters of M/s Shreemukh Namitha Homes Pvt Ltd and two former directors over alleged illegal convening of an extraordinary general meeting, appointment of directors, and filing of false documents on the MCA website. The complainant filed a private complaint before the Special Court, whic…

The appellant, Roshni Devi, challenged a preventive detention order issued against her mother, a drug offender, under the Telangana Prevention of Dangerous Activities Act, 1986. The detaining authority relied on three NDPS cases and an apprehension that the detenu would resume illegal activities if released on bail, wi…

Rajmati Singh was appointed as an untrained assistant teacher in 1971 and was relieved in 1973 to undergo mandatory training, which she failed to complete, leading to the termination of her contractual employment in 1974. Over the next three decades she made repeated representations but never approached any judicial or…

Renuka filed a complaint under Section 138 of the Negotiable Instruments Act against the second respondent, who had issued a cheque of ₹50 crore as part of a settlement agreement with her husband. The cheque was dishonoured with the remark "payment stopped by drawer" and Renuka served the statutory notice, leading to t…

The respondent, a senior officer of UCO Bank, gave a three‑month notice of voluntary retirement on 4 October 2010. While the notice was pending, the bank issued a show‑cause notice on 11 November 2010, but it did not expressly indicate the institution of disciplinary proceedings. The bank later refused the retirement o…

Jyotirmay Ray, a senior manager of Punjab National Bank, was compulsorily retired and denied employer's contribution to his provident fund, gratuity, leave encashment and pension. He challenged the denial of PF contribution and gratuity before the High Court, which partially granted relief, but the Division Bench of th…

Ricardo Constructions Pvt. Ltd. appealed against the National Consumer Disputes Redressal Commission’s order that barred it from filing a written statement in a complaint filed by Ravi Kuckian and 30 others. The appellant argued that it never received a copy of the complaint, only a notice, and therefore could not meet…

The appellants, manufacturers of formaldehyde and its resins, operated units in Rajasthan and Haryana under Consent to Establish (CTE) and Consent to Operate (CTO) granted by the respective State Pollution Control Boards (PCBs). The National Green Tribunal (NGT) ordered closure of these units for lacking prior Environm…

The appellants, family members of Laxman Das Mahour who died in a bus accident, challenged the High Court's reduction of compensation awarded by the Motor Accident Claims Tribunal. The Tribunal had calculated loss of dependency using a multiplier of 9 on the deceased's annual income of ₹4,57,000, arriving at a total aw…

The case concerned the allocation of a General Insider vacancy in the Karnataka cadre of the Indian Forest Service. G. Kiran, an SC candidate, had availed the relaxed cut‑off in the Preliminary Examination and subsequently secured a higher rank than the General candidate Antony S Mariyappa in the final merit list. The …

The Bihar Road Construction Department issued recruitment advertisements in 2019 for Assistant Engineer posts under the Bihar Engineering Services Class‑II Recruitment Rules, 2019. The written examinations were held in March 2022 and provisional merit lists were published in June‑July 2022. After the merit lists were i…

The appellant, a former Storage Superintendent of the Maharashtra State Warehousing Corporation, retired on 31 August 2008 and was later served with a series of show‑cause notices alleging large railway transportation and storage losses during his tenure. After an unsatisfactory reply, the Corporation instituted a depa…

Basudev Dutta, an Ophthalmic Assistant employed by the West Bengal Government since 1985, was terminated in 2011 after a police verification report, filed 25 years later, labeled him ‘unsuitable’ for the post. He challenged the termination, asserting Indian citizenship based on his father’s migration certificate and ar…

Ashok Kumar Mewari, a Pointsman in the West Central Railway, applied for voluntary retirement on medical grounds on 18 June 2013, conditioning his retirement on the compassionate appointment of his son, Mukesh Mewari, as per Railway Board Circular dated 14 June 2006. The Railway authorities accepted his retirement but …

Jaswant Singh was recruited as a constable in the Punjab Police on probation and was sent for training. After a special duty assignment, he failed to report back to the training centre and did not inform anyone of his absence. The Superintendent of the training centre recommended his discharge, and the Senior Superinte…

Ruchi Rawat, the appellant-wife, filed an application seeking transfer of a matrimonial suit (Original Suit No.23 of 2018) filed by her husband under Section 13 of the Hindu Marriage Act, from the Family Court in Etah to the Family Court in Mathura. She argued that she had no income, lived with her parents in Mathura, …

The appellant, Reddy Veerana, owned a scheduled parcel of land in Noida that was later allotted to DLF and subsequently acquired by the State under the Land Acquisition Act, 1894. The High Court had fixed compensation at Rs 1,10,000 per square metre (the circle rate) but allowed a 50 % deduction for development charges…

J. Sekar Reddy, managing partner of SRS Mining, was searched by the Income Tax Department in December 2016, leading to the seizure of about Rs 107 crore in cash and gold. The CBI registered FIRs for scheduled offences under the IPC and the Prevention of Corruption Act, and the Enforcement Directorate (ED) attached the …

Ram Lal, a constable of the Rajasthan Armed Constabulary, was dismissed in 2004 after a departmental enquiry found him guilty of altering his date of birth on his 8th standard marksheet to appear of majority age at recruitment. He was later convicted under IPC Section 420 by a trial court, but the appellate court acqui…

L.R. Patil, a civil servant, was appointed Office Superintendent and later relieved to take up the post of Assistant Registrar under Rule 252(b) of the Karnataka Civil Service Rules. His appointment as Assistant Registrar was challenged and eventually quashed, after which he was retained in his original post. The appel…

The husband of a patient filed a consumer complaint under the Consumer Protection Act, 1986 alleging medical negligence by Dr. P.B. Lall, which was partly upheld by the District Forum awarding compensation. The State Consumer Disputes Redressal Commission set aside the award, and the matter proceeded to the National Co…

The case concerned the selection and appointment of ten Shiksha Karmi Grade‑III candidates who were close relatives of members of the selection committee. The Collector cancelled their appointments on the ground of bias under Section 40(c) and Section 100 of the Madhya Pradesh Panchayat Raj Act, but the appellants were…

The appellant, Navneet Kaur, contested the validity of her "Mochi" Scheduled Caste certificate that had been approved by the Maharashtra Scrutiny Committee in 2017, after her election to a reserved parliamentary seat was challenged on grounds of alleged fraud. The High Court, exercising its writ jurisdiction under Arti…

The Supreme Court examined the powers conferred on the appropriate authority under Sections 20(1), (2) and (3) of the Pre-conception and Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994 to suspend or cancel the registration of a genetic clinic. The respondents' hospital was inspected in Oct…

The appellants, nine defendants in a commercial suit filed by IL and FS Financial Services Ltd, failed to file written statements within the 30‑day period (ending 8 March 2020) and the 120‑day outer limit (ending 6 June 2020). They sought an extension on 20 January 2021, invoking the Supreme Court's suo motu orders tha…

The respondent, an Assistant Engineer of the Airports Authority of India, was arrested and convicted for demanding illegal gratification, leading to his dismissal from service. After being acquitted on benefit of doubt in a criminal appeal, he sought reinstatement, but the Authority initiated fresh disciplinary proceed…

Three individuals were appointed as Assistant Teachers in 1999 and their salaries were abruptly stopped in October 2005. The State alleged that the school had manipulated the sanctioned number of posts from two to three and colluded with the appellants, but no material was produced to prove any collusion or wrongdoing …

The private college Nutan Bharti Gram Vidyapith, which receives grant-in-aid from the Gujarat Government, challenged a High Court order directing it to pay retiral benefits to a former lecturer dismissed for misconduct. The lecturer was dismissed in 1994, reinstated by an appellate authority in 2000, and later superann…

The State of Odisha appealed against the High Court's order directing that applications for rehabilitation assistance be considered under the 1990 Rules, despite the later 2020 Rules. The petitioners argued that the 2020 Rules, which mandated that pending cases be dealt with under their provisions, should apply even to…

The appellant, a clerk appointed in 1989 under a government advertisement, served for over 16 years before a show‑cause notice in 2005 alleged that his appointment was forged because it was supposedly issued by the Deputy Director, Human Resources Development Department (DDHRD), an incompetent authority. The Department…

The case concerned employees of Kerala's Directorate of Health Services (DHS) who, under a government policy to abolish a dual control system, exercised an option to be absorbed into the Directorate of Medical Education (DME). The dispute was whether this option amounted to a transfer on request, invoking the proviso t…

Vashist Narayan Kumar, a reserved‑category candidate, applied for the post of Police Constable and cleared the written exam and Physical Eligibility Test. The online application, filled at a cyber‑café, mistakenly recorded his date of birth as 08‑12‑1997 instead of the correct 18‑12‑1997 shown on his school mark sheet.…

The respondents were appointed to the Eastern Railway on compassionate grounds, but the railway authority later discovered that the documents supporting their claims were forged and terminated their services. The respondents challenged the termination before the Central Administrative Tribunal, which dismissed their ap…