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83 judgments · newest first · showing 1–83
B.P. Jain & Associates, owners of 24.25 acres in Faridabad, applied for a licence to develop a group housing colony under the Haryana Development and Regulation of Urban Areas Act, 1975. The application was conditioned on compliance with Rule 11, including execution of an agreement on stamp paper …
The petitioners, permanent Class‑II officers, were promoted to the Senior Time Scale (STS) of the Indian Telecommunication Service Group A under Rule 27(b) of the Telegraph Engineering Service (Class I) Rules, 1965, as temporary officiating appointments between 1975 and 1979 and thereafter served in …
The Government of Orissa entered into a construction contract with G.C. Roy, which contained an arbitration clause. After the work was completed, a dispute arose and the arbitrator awarded the contractor the claimed sum plus 9% interest pendente lite from the date the amount became due. The …
The Supreme Court examined two writ petitions challenging prolonged criminal proceedings – one by former Maharashtra Chief Minister A.R. Antulay and another by advocate Ranjan Dwivedi – alleging violation of the right to a speedy trial under Article 21 of the Constitution. The Court reaffirmed that …
Smt. Shashi Nayar, the wife of a condemned prisoner, filed a writ petition under Article 32 challenging the constitutional validity of the death penalty imposed on her husband for murder under IPC Section 302. She argued that capital punishment violates Article 21, lacks deterrent effect, is …
The Union of India sued Union Carbide Corporation (UCC) in the US District Court, which ordered a $5 million interim relief to be paid to the Indian Red Cross Society for Bhopal gas victims, stating the amount was an advance payment and would be set‑off against any final judgment. After the US case …
The Delhi Judicial Service Association filed writ petitions under Article 32 after the Chief Judicial Magistrate (CJM) of Nadiad was allegedly assaulted, handcuffed, tied with rope and photographed by police officers, an incident that shocked the judiciary nationwide. The Supreme Court examined …
Vania Silk Mills Ltd. purchased machinery in 1957 and hired it to Jasmine Mills, which insured the machinery. A fire in 1966 destroyed the machinery; the insurer paid the lendee, which in turn paid the appellant Rs 6,32,533 as insurance claim. The assessee treated the excess of the claim over the …
Krishan Kumar, holder of a stage‑carriage permit for the Kota‑Khanpur route, challenged the State of Rajasthan’s decision to grant an exclusive operating right on the overlapping Kota‑Sangod route. The State Road Transport Corporation had issued a notification on 11‑Oct‑1979 under Section 68‑C of …
Dr. Harendra Narain Singh and Ram Nath Singh were convicted for murder under Sections 302 and 34 of the IPC based solely on circumstantial evidence that a dead body was taken from the doctor's dispensary on an ekka to a village courtyard. The Supreme Court examined the principles governing …
Burn Standard Company Ltd., a manufacturer of railway wagons, received certain components such as wheel‑sets and axle boxes from the Railway Board free of charge, which it incorporated into the wagons it supplied. The company invoiced the Railway Board for the wagons without including the value of …
The respondent, a Section Officer, challenged adverse remarks recorded in his confidential report. After making a representation against those remarks, the Ministry of Commerce rejected it without giving reasons, and the President partially expunged some remarks. The Central Administrative Tribunal …
The Rourkela Sramik Sangh applied to the State Labour Commissioner, who also acted as the Implementation and Evaluation Officer, seeking recognition as the sole bargaining agent in the Rourkela Steel Plant and requesting verification of union memberships. The Labour Commissioner authorized the …
The State of Tamil Nadu had several teacher‑training institutions that applied for recognition from the Education Department but none were granted it. The institutions filed writ petitions seeking statutory recognition and a direction that their students be allowed to sit the public examinations. …
The case concerned the inter‑se seniority of officers promoted from the Class II Engineers Service (the promotees) and a directly recruited Assistant Executive Engineer, R.R. Sheoran, under the Haryana Service of Engineers (Class I) Rules, 1966. The promotees were elevated to Executive Engineer on …
The appellants, Class II engineers promoted on an officiating basis, challenged the promotion, confirmation and subsequent promotion of direct recruits B.D. Sardana and F.L. Kansai in the Haryana Service of Engineers, arguing that they should be deemed members of the service from the date of their …
In the 1989 Lok Sabha election, a defeated candidate challenged the election of the winner on grounds of corrupt practices under sections 123(2), (3) and (3A) of the Representation of the People Act, 1951. The Bombay High Court, after finding the charges proved, issued notices under section 99 to …
The widow of a deceased railway employee and his children claimed family pension, while the employee's brother sought to claim the same on the basis of a will bequeathing the pension to him. The Railway Administration withheld payment following an injunction issued in the brother's favor. The …
The respondent, K.K. Shukla, was appointed as an ad‑hoc Assistant Auditor in Uttar Pradesh on a temporary contract that allowed termination at any time without cause. An adverse entry was entered against him for 1977‑78 and, later, a preliminary inquiry found him guilty of unauthorised audit of a …
The Grih Kalyan Kendra, a welfare society under the Ministry of Home Affairs, employed regular staff on deputation and ad‑hoc workers paid only honorarium or piece‑rate without pension or provident fund. The workers' union filed a writ under Article 32 seeking a declaration that the Kendra is a …
Subhash Kumar filed a writ petition under Article 32 of the Constitution, claiming that West Bokaro Collieries and Tata Iron & Steel Co. were polluting the Bokaro river by discharging slurry from their washeries, thereby violating the right to life under Article 21. He also alleged that the State of …
The Orissa Judicial Services Association filed a writ petition under Article 32 challenging the constitutional validity of Rule 7 of the Orissa Superior Judicial Service Rules, 1963 and a 1987 notification for direct recruitment of advocates to the Superior Judicial Service. The petitioners argued …
The Maharashtra Government appointed all Assistant Commissioners of Police in Greater Bombay as Special Executive Magistrates (SEMs) under a 1974 notification and later conferred on them the powers of an Executive Magistrate under Section 107 of the CrPC by a 1976 notification. A complaint was …
Priyanka Overseas Pvt. Ltd. imported 10,681.832 metric tonnes of palm kernel from Nigeria in 1987 under an Open General Licence (OGL). The Customs authorities treated palm kernel as a canalised item, confiscated the goods and imposed a redemption fine and penalty. The company argued that palm kernel …
The petitioners, a public‑interest group, filed a writ under Article 32 seeking to restrain the construction of the Tehri Dam on the ground that the government had not considered seismic safety. The respondents – the Union of India, the State of Uttar Pradesh and the Tehri Hydro Development …
The Commissioner of Wealth Tax assessed wealth tax on Smt. Anjamli Khan for three assessment years, estimating compensation payable for agricultural lands acquired by the State under the West Bengal Estates Acquisition Act, 1953. Khan contended that the right to receive such compensation was not an …
Bikaner Gypsums Ltd., a mining company, held a lease for gypsum extraction but the railway had encroached on the leased land, obstructing mining. The parties negotiated a cost‑sharing arrangement for shifting the railway, and the company paid Rs 3 lakh of the total Rs 12 lakh expense. The company …
The appellants, dealers in khandsari molasses, challenged the constitutional validity of the East Punjab Molasses (Control) Amendment Act, 1973, alleging that its expanded definition of "molasses" imposed new restrictions on their trade without the prior presidential sanction required under Article …
The appellant, acting on behalf of a minor landlord who inherited agricultural land by will from his maternal grandmother, filed an eviction suit under Sections 29 and 31A(d) of the Bombay Tenancy and Agricultural Lands Act, 1948, claiming the land was required for personal cultivation. The tenants …
The respondent, a member of a Hindu Undivided Family (HUF), claimed that a partition agreement dated 3 July 1958 and a subsequent civil court decree had dissolved the HUF, so that the family could not be taxed as a HUF for assessment years 1967-68, 1968-69 and 1969-70. The Income Tax Officer …
Saraswati Industrial Syndicate Ltd. (the appellant) claimed exemption from tax on Rs.58,735, a trading liability that had been allowed to the Indian Sugar Company before it was amalgamated into Saraswati in 1962. The Income Tax Officer and the Appellate Assistant Commissioner disallowed the claim, …
The Jute Corporation of India Ltd. was assessed for income tax for AY 1974-75 and later claimed a deduction of Rs.11,54,995 for its liability to Purchase Tax, an issue not raised before the Income Tax Officer. While hearing its appeal before the Appellate Assistant Commissioner, the corporation was …
Three coal companies (Bharat Coking Coal Ltd., Tata Iron & Steel Co. Ltd., Central Coalfields Ltd. & Coal India Ltd.) claimed ownership of coal slurry that escaped from their washery plants and settled on river beds and raiyati lands. The State of Bihar granted leases to private contractors to …
M. Hayagrevsarma, a government employee, had his date of birth recorded in his service book on the basis of his S.S.L.C. certificate and applied for alteration in 1962, which was rejected in 1968. After the Andhra Pradesh Public Employment (Recording and alteration of date of birth) Rules, 1984 came …
The Karnataka Public Service Commission (KPSC) issued a notification on 23 May 1975 for recruitment of 50 Tehsildars, specifying reservation percentages and stating that selection would be made in accordance with the then‑existing rules. The Commission prepared a select list using the procedure laid …
The case concerned the alienation of ancestral joint Hindu family property by Beni Ram, the father, who mortgaged the property to satisfy a personal loan of Rs.5,500 and later reconveyed it, selling portions to Manibhai and to Vithal and Vishwanath. The plaintiffs, Beni Ram's minor sons and wife, …
Mrs. T. Devaki, wife of R. Thamaraikani, challenged a detention order dated 15‑08‑1989 issued under the Tamil Nadu Prevention of Dangerous Activities Act, 1982. The order, passed by the Collector and District Magistrate, alleged that Thamaraikani’s assault on a minister at a public seminar …
Two teachers of the Kerala Education Society Senior Secondary School, a Delhi‑aided linguistic‑minority institution, challenged the appointment of T.N. Vishwanathan Nair as Vice‑Principal. The school had advertised the post requiring a Master’s degree, teaching experience and the ability to speak …
The appellants, two Class II engineers, challenged the promotion of Bhagwan Das Sardana, a direct recruit to Assistant Executive Engineer, to Executive Engineer (Class I) in the Haryana PWD (Public Health Branch). They argued that the promotion violated Rule 9(3)(a) requiring five years' service as …
The appellants, members of the Haryana Service of Engineers Class II, were promoted to Class I positions despite not meeting the eight‑year service requirement of Rule 6(b). The State Government, invoking Rule 22 of the Haryana Service Rules, relaxed this requirement to address a shortage of …
The appeal filed by the auction‑purchaser challenged a Madras High Court decision on the time limit for depositing money under Rule 89 of Order XXI of the CPC to set aside a sale of immovable property executed against a decree. The question was whether the deposit must be made within 30 days as …
Mohd. Zainulabdeen and Yasin Bi sued for a declaration that they were entitled to manage the Saint Syed Moosa Shah Khadiri Dargah for 27 days a year, claiming the right through their mother Fathima Bee, a co‑sharer under Muslim law. The trial court granted the relief, but the Madras High Court …
The Bihar State Madarasa Education Board dissolved the managing committees of two minority‑run Madarasa institutions for failing to obey its salary directives, invoking Section 7(2)(n) of the Bihar State Madarasa Education Board Act, 1982. The institutions challenged the dissolution before the Patna …
The respondent, a Deputy Director in the Madhya Pradesh Department of Geology and Mining, was compulsorily retired under Rule 56 of the Fundamental Rules after a Screening Committee, which included the Head of Department S.S. Dave, recommended his retirement. The respondent challenged the order by …
The Municipal Board of Jaunpur advertised for the post of Tax Inspector, allowing both internal revenue employees and outsiders to apply. The senior Tax Collector, Respondent No. 3, refused to attend the interview, claiming the post should be filled only by promotion under a Government Order dated …
The Supreme Court considered a Special Leave Petition filed by Tek Chand against Sat Narayan under the Haryana Urban (Control of Rent & Eviction) Act, 1973. The issue was whether the exemption provided in Sections 1(3) and 13 of the Act continues for a fixed period of ten years and remains effective …
Baidyanath Mahapatra, a senior electrical engineer of the Orissa Government, was prematurely retired in 1983 under Rule 71(1)(a) of the Orissa Service Code based on a Review Committee's recommendation that relied on adverse entries in his service record, many of which were old, some communicated …
Shreeram Finance Corporation, a partnership firm, sued Yasin Khan and his guarantor for breach of a hire‑purchase agreement after the latter defaulted on monthly hire charges. At the time of filing the suit (22 July 1968) the firm had recently altered its partnership composition: two partners had …
The respondents, manufacturers of medicinal preparations using alcohol tincture, failed to pay excise duty and obtain a licence under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955. The Commercial Tax Officer issued demand notices under Rule 12 of the 1956 Rules to recover the …
H.N. Kirtania, a Central Government officer holding a transferable post in the Regional Passport Office, Calcutta, was transferred to Jaipur. He refused to join the new posting, went on leave, and filed a writ petition in the Calcutta High Court challenging the transfer. The High Court granted an …
The respondent, a Central Government officer, was transferred from Calcutta to Jaipur on 14 March 1985 and relieved of his Calcutta duties on 15 March 1985. He filed a writ petition in the Calcutta High Court seeking to stay the transfer and later obtained an interim injunction. The High Court …
The Supreme Court examined appeals filed by the State of Jammu & Kashmir and the candidates who had been selected to the MBBS/BDS courses against a Jammu & Kashmir High Court judgment that had set aside those selections. The High Court had directed the State to create a statutory independent body …
The petitioners, tenants of newly constructed buildings in Chandigarh, challenged the constitutional validity of Section 3 of the East Punjab Urban Rent Restriction Act, 1949 and a 1974 notification that exempted such buildings from Section 13 for five years. They argued that the exemption was …
The Banco Nacional Ultramarino sued Vinaique Naique for a loan, but the defendant died during the trial. The bank applied under Order XXII Rule 4 of the CPC to substitute the widow, Nalini Bai Naique, as a legal representative within four days of learning of the death, and later sought to add the …
The respondent, a steel rolling‑mill owner, was served a demand for excise duty under Rule 10‑A of the Central Excise Rules after the mill changed hands and a short‑levied duty was alleged. The High Court held that Rule 10‑A could not be invoked where no prior assessment of duty existed, quashing …
The appellants, diploma‑holder supervisors in the Andhra Pradesh Engineering Subordinate Service, challenged the State’s rule that granted graduate supervisors a higher pay scale than non‑graduate supervisors, invoking the principle of equal pay for equal work under Article 39(d) and alleging …
The producer S. Rangarajan sought a ‘U’ certificate for his Tamil film “Ore Oru Gramathile” which was initially refused, then granted after review by two Revising Committees. The Madras High Court later revoked the certificate on grounds that the film was biased, could incite caste‑based unrest and …
The Supreme Court examined a series of appeals concerning senior government employees who were paid less than their juniors in the same cadre after promotions under Andhra Pradesh Fundamental Rules. The seniors argued that this violated the constitutional principle of "equal pay for equal work" …
M.R. Kanojia, appointed as a Teacher Coordinator and later redesignated as a Hearing Therapist at AIIMS, sought to have his salary raised to the pay scale of Speech Pathologists and Audiologists, claiming that he performed the same work and that the State violated Articles 14, 16 and the Directive …
The respondents, senior officers in the Maharashtra Subordinate Secretariat Service, challenged a revised seniority list that placed them below juniors who had passed the departmental examination earlier. The promotion to Superintendent required passing a yearly exam; failure to pass within a …
Mohan Meakins Breweries Ltd., a liquor manufacturer, was served notices by the Inspector of Weights and Measures to have its storage vats verified, calibrated and stamped under the Uttar Pradesh Weights and Measures (Enforcement) Act, 1959. The company contended that the Act did not apply to vats …
The State Government of Andhra Pradesh issued a circular on 21 June 1985 imposing restrictions on the transport and export of groundnut seeds and oil and requiring millers and traders to sell a portion of their produce to the State at a fixed price. The traders challenged the order, and the High …
The Supreme Court examined whether a notification issued on 18 March 1974 under section 3-A of the Orissa Estates Abolition Act, 1951, validly vested the estate of Lord Jagannath in the State of Orissa despite an earlier declaration of the estate as a "trust estate" under Chapter II‑A. The …
The State of Haryana, through the Haryana Urban Development Authority (HUDA), acquired land in Gurgaon for industrial development under the Land Acquisition Act, 1894 and the Haryana Urban Development Authority Act, 1977. The landowners filed writ petitions and special leave appeals challenging the …
The petitioners, Superintendents of the Delhi High Court, challenged the treatment of their posts as equal status with Court Masters (Readers) and Private Secretaries, arguing that it violated Articles 14 and 16 of the Constitution. They also contested the restriction of the "zone of consideration" …
The land in question was originally granted by the Government of Jammu & Kashmir to Attar Chand as a long lease, making him the Wasidar. His son Guranditta Mal inherited the lease and, in 1954, sub‑leased the land to Raghunath Dass without government permission. Indra Devi, Guranditta's widow and …
The petitioners, appointed as instructors under the centrally funded Adult and Non‑formal Education Scheme in Haryana, were paid a fixed salary of Rs.200 per month and treated as temporary employees, while squad teachers under the State Social Education Scheme were regularised with a pay scale of …
Kashmeri Devi, the widow of a tonga driver who died in police custody, alleged that two sub‑inspectors and two constables beat her husband to death after arresting him. A complaint was filed and the case was initially registered under IPC Section 302, later converted to Section 304 and subsequently …
Two mortgages were created in 1925 and 1928 over certain land. In a 1947 suit, the mortgagors obtained a preliminary decree for redemption and, after default, a final decree for sale, but the mortgagee never executed the sale and retained possession. In 1968 the mortgagor‑heirs filed a second suit …
The petitioners, members of the Delhi Higher Judicial Service, challenged the Delhi High Court's refusal to grant a selection grade promotion to an Additional District Judge who was directly recruited as a Scheduled Castes candidate. They claimed the High Court acted unreasonably and that …
The deceased Ram Pratap Singh was shot at an Octroi toll barrier; the State charged Awadhesh and Brajendra under IPC 302 read with 34 (and 307) based largely on the testimony of two eye‑witnesses, Rajendra Singh and Chhotey Bhaiya. The trial court found the eye‑witness accounts unreliable, noted …
Subodh Chandra Das, an operator with Hindustan Fertilizer Corporation, claimed that his date of birth recorded as 1‑June‑1931 was incorrect and sought its alteration to 20‑Oct‑1938 based on a medical certificate. The Patna High Court rejected the alteration but, citing his domestic problems, ordered …
The Delhi Municipal Corporation employed certain vaccinators/immunisers on a daily‑wage basis for more than eight years while regular employees performing the same duties received higher salaries. The daily‑rated workers sought regularisation and payment at the minimum rate of the regular pay‑scale, …
The petition was filed by the U.P. Income‑Tax Department Contingent Paid Staff Welfare Association on behalf of its members, who had been working for many years as Class IV employees in the Income‑Tax Department but were paid daily‑rated wages lower than those of regular Class IV staff. The petition …
The petitioners, who held permanent stage‑carriage permits for non‑notified routes, applied to the competent authority under the U.P. Motor Vehicles (Special Provision) Act, 1976 for authorisation certificates to ply on the notified Unnao‑Kanpur and Lucknow‑Barabanki routes. Their applications were …
The petitioners, a company and its secretary, challenged a tax demand order issued by the Deputy Assessor of the Municipal Corporation of Delhi, seeking a writ of certiorari under Article 32 of the Constitution. They asked the Supreme Court to quash the composite tax demand of Rs.14,07,328. The …
An advocate filed a writ petition under Article 32, styled as a public interest litigation, alleging that the Supreme Court judges were influenced by Western law, had become a constitutional liability, and were sleeping on important issues. The petition used unsavoury language and appeared designed …
The petitioners, appointed as ad‑hoc Assistant Medical Officers (AMOs) in the Indian Railways between 1983 and 1986, challenged the Railways' decision to terminate their services and deny regularisation, alleging violation of Articles 14 and 16 of the Constitution. They contended that the 1977 …
The employees of the State Bank of India challenged the management's authority to fix work hours and recess periods in a writ petition before the High Court. A Single Judge of the High Court allowed the petition and, relying on a prior Division Bench order, issued a certificate of fitness under …
Jagjit Bus Service, a stage carriage operator, applied for renewal of its permit on a Punjab route but was repeatedly granted only temporary permits. The State Transport Commissioner justified this by citing two incomplete schemes under s.68(2) of the Motor Vehicles Act, 1939, and the absence of a …
M.L. Agarwal challenged the 1981 Lok Sabha election of Rajiv Gandhi alleging various corrupt practices. The High Court struck out the petition as vague, frivolous and lacking a cause of action under Order VI Rule 16 and rejected it under Order VII Rule 11. Agarwal appealed, contending that the court …
The petitioners, officers of the Central Bank of India appointed after the 1969 nationalisation, challenged their forced retirement at age 58 under Rule 3 of the Bank's Rules for Age of Retirement, arguing that having two different retirement ages (60 for pre‑July 19, 1969 officers and 58 for …
The appellant Shahzad Hasan Khan filed a criminal appeal against the Allahabad High Court's order granting bail to the accused Ishtiaq Hasan Khan in a murder case. The accused had faced three prior bail rejections by the same High Court judge, and a subsequent application was initially directed to …
