L M SHARMA

The contractors, Orient Paper and Straw Products, had exclusive licences to cut bamboo in government forests under contracts that were to expire in September 1989. The Orissa Forest Produce (Control of Trade) Act, 1981 and its subsequent amendments (1987 and 1989) together with notifications dated 21 September 1988 res…

The petitioners, doctors who had passed MBBS, challenged the Uttar Pradesh government's rule that required a minimum of 50% marks for general candidates and 40% for SC/ST candidates in the Post‑Graduate Medical Entrance Examination (PGMEE) 1992. They argued that the rule left 217 of 535 seats vacant and violated Articl…

Nachhattar Singh, a constable of the Punjab Police, was convicted under IPC sections 325 and 34 and sentenced to six months' rigorous imprisonment, leading to his dismissal from service. He filed a suit challenging the dismissal, which the trial court dismissed as barred by limitation; the First Appellate Court reverse…

In 1967 a large number of Delhi police constables, including the petitioner Bhoop Singh, were terminated for participating in a mass agitation. While many of those dismissed were later reinstated after filing writ petitions in the 1970s, Bhoop Singh waited 22 years before filing a petition before the Central Administra…

The Puri Urban Cooperative Bank engaged Madhusudan Sahu as an appraiser on a commission basis to weigh and assess gold ornaments pledged for loans, with his services terminable at any time. After about 19 months the bank terminated his engagement, and the Labour Court, on a government reference, set aside the terminati…

Maharashtra Tubes Ltd., a steel pipe manufacturer, ceased operations in 1986 and sought financial assistance from the Board for Industrial and Financial Reconstruction (BIFR) in 1988. The BIFR, after hearings, held that the company was not a "sick industrial company" under the Sick Industrial Companies (Special Provisi…

The Supreme Court examined whether an agreement dated 7 November 1966, entered into by the Executive Engineer (Canal Officer) of the Gujarat Irrigation Department with farmers, was binding on the State. The Court held that the agreement was a statutory compromise made under the Bombay Irrigation Act, 1879, and not a co…

The petitioner’s daughter died in August 1986 and the petitioner filed a criminal complaint under Section 498-A IPC. After the Dowry Prohibition (Amendment) Act, 1986 inserted Section 304‑B IPC (dowry death) with effect from 19 November 1986, the petitioner sought to have the case transferred to a Court of Session for …

The case concerned the interpretation of the second proviso to Rule 4 of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Ministerial Service Rules, 1965, which dealt with the regularisation and seniority of Upper Division Clerks who had been temporarily promoted before 15 March 1965. The appellants, promoted …

The Municipal Corporation of Delhi (MCD), as the Delhi Electricity Supply Undertaking, disconnected the electricity supply to Ajanta Iron & Steel Co. while a suit for a prohibitory injunction was pending, without serving the notice required under the agreement (condition No. 36) and the Indian Electricity Act. Ajanta f…

The landlord filed an eviction suit under Section 13(2)(v) of the East Punjab Urban Rent Restriction Act, 1949, alleging that the tenant had ceased to occupy a shop for a continuous period of more than four months between 1969 and 1971. The lower courts upheld the eviction, holding that the tenant's temporary closure o…

The respondents, casual typists employed on daily wages by the Indian Railways, had their services terminated and filed writ petitions in the Madhya Pradesh High Court, which allowed them. The Union of India appealed, contending that under Section 14 of the Administrative Tribunals Act, 1985 the dispute fell within the…

The appellants challenged the State Bank of India's promotion policy that reserves 35% of vacancies for a Merit Channel and shortlists candidates for interview based solely on written‑test marks. They argued that this criterion was arbitrary and excluded meritorious candidates whose aggregate scores (including seniorit…

The appellant, a former president of Jupiter Cooperative Group Housing Society, was challenged for alleged irregularities in the purchase of building material by the past managing committee. The Registrar of Cooperative Societies referred the dispute to arbitration under Section 60 of the Delhi Co‑operative Societies A…

The dispute arose over the appointment of a dealer for a fair price shop in Andhra Pradesh, where an advertisement gave preference to experienced, unemployed educated persons, ladies and handicapped individuals. The appellant, a commerce graduate with prior experience, was rejected in favor of a respondent who had only…

The respondent, an Income Tax Officer, was charged under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 for completing nine tax assessments in an irregular, hasty manner allegedly to confer undue favour, thereby violating Rules 3(1)(i)-(iii) of the Central Civil Services (Conduct…

The Supreme Court dismissed a joint writ petition filed by two British nationals, David Patrick Ward and Stephen Hillman, who were detained under Sections 3(1) and 3(2) of the National Security Act, 1980 by the Nagaland State Government for alleged involvement with Naga insurgents. The petitioners challenged the detent…

The State of J&K filed a writ petition under Article 226 for implementation of a decree that had been modified by a compromise. The High Court issued an ex‑parte interim order on 19‑03‑1990 directing the State to give 50% of the agreed timber upon a bond, and listed the matter for hearing in May 1990. Before the schedu…

The landlords obtained eviction decrees against the legal representatives of original tenants under the Delhi Rent Control Act. Two heirs, who were not joined as parties, challenged the execution of those decrees, asserting independent tenancy rights. The Supreme Court examined whether unjoined heirs are bound by a dec…

Appellant No.1, Laxmi Raj Shetty, was convicted of murder, robbery and house trespass and sentenced to death, while his father, Appellant No.2, Shivram Shetty, was convicted of harbouring and possessing stolen property. The prosecution relied entirely on circumstantial evidence, including the accused's knowledge of the…

In the 1987 Kerala Legislative Assembly election, M.J. Zakharia (appellant) was declared elected over T.M. Mohammed (first respondent). The respondent filed an election petition alleging two corrupt practices: a pamphlet re‑printing a 1983 newspaper item and a wall‑poster accusing the respondent of murder, both claimed…

The case concerned Traffic Apprentices in the Indian Railways who claimed that their seniority in the newly formed cadre of "Relieving Transportation Assistants" had not been fixed according to the 25:75 quota‑rota rule, and that they were therefore entitled to promotions beyond Class‑II and to retrospective payment of…

The respondent, sister of the appellant, entered into an agreement on 23 June 1965 whereby she would redeem a mortgaged house and, upon redemption, the appellant would execute a sale deed in her favour. She redeemed the mortgage in 1970 but the appellant failed to execute the deed despite repeated demands. The responde…

The appellant, Akhara Brahm Butha, entered into a compromise with the Improvement Trust, with the State of Punjab also a party, to exclude 12 kanals of land from a town‑improvement scheme and to receive compensation for the remaining land at a fixed rate. Although the collector awarded compensation based on the agreeme…

The petitioners, foreign missionaries who had been residing in India since the pre‑Independence era on periodically renewed residential permits, were ordered to leave the country in July 1987. They contended that, having been ordinarily resident for more than five years immediately before the commencement of the Consti…

Daya Singh was convicted of murder and sentenced to death in 1978. After his appeals and mercy petitions were rejected, a writ petition under Article 32 filed by his brother in 1986 was dismissed in October 1988. A fresh mercy petition filed in November 1988 led to a stay of execution, but the matter remained pending f…

Dr. Yogesh Bhardwaj, nominated by Himachal Pradesh to study B.D.S. in Uttar Pradesh, completed the course and lived in the state for over five years. He later applied for an M.D.S. seat but was denied his preferred subject because the authorities held he was not a "bona fide resident" of Uttar Pradesh under the 1983 No…

The case arose from an eviction suit filed by Shashi Srivastava, who, along with her sister Sarojini Sinha, succeeded to a property after their father's death. Shashi, acting as the manager of the house, had inducted Harpal Singh Chauhan as tenant; later his wife Kamla Chauhan claimed tenancy and deposited rent under S…

The respondent, Dr. Indra Pratap Singh, applied for promotion under the University Grants Commission's Merit Promotion Scheme, which requires eight years of continuous service, at least four years in the appointing university. The University rejected his claim, arguing a three‑month break in service (April‑July 1980) a…

The case concerned the constitutional validity of the Goa, Daman and Diu Agricultural Tenancy (5th Amendment) Act, 1976, which replaced Chapter III of the 1964 Tenancy Act with Chapter IIA, vesting land in tenants-in-possession for a price and removing landlords' limited right of personal cultivation. Landlords challen…

The plaintiff, Bhikubai, claimed possession of a house inherited from her brother Rakhmaji, asserting that under the Bombay School of Hindu law a female bandhu is an heir. The respondents argued that the family, having migrated from Mathura, was governed by the Banaras School where a female bandhu cannot inherit, and t…

The dispute concerned Junior Engineers in the Pondicherry Public Works Department who held a diploma and later obtained a civil engineering degree. They sought to have their pre‑degree service counted towards the three‑year service requirement for promotion to Assistant Engineer under Rule 11 of the Recruitment Rules, …

Jagjit Singh Mehta, a Bank of India officer, was promoted from the clerical cadre and, having undertaken to serve anywhere in India, was posted to Bihar. He later filed a writ petition seeking transfer to Chandigarh, where his wife was employed, and the Punjab and Haryana High Court ordered his transfer. The Bank appea…

The respondent, an employee of Prathama Bank, was dismissed after a disciplinary inquiry in which he was not given adequate opportunity to examine the documents relied upon against him. He filed a suit challenging the validity of the inquiry and seeking reinstatement. The bank contended that the bank was not a "State" …

The case concerned the inter‑se seniority of supervisors who were upgraded to Junior Engineers after obtaining engineering degrees and of engineers directly recruited as Junior Engineers in the Andhra Pradesh Engineering Subordinate Service. The State and the upgraded supervisors challenged an Andhra Pradesh Administra…

The landlord filed an eviction suit in June 1977 against a tenant after serving a notice under Section 106 of the Transfer of Property Act. The house was constructed in August 1968, and the landlord argued that the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 did not apply because the Act e…

The appellants, who were Assistant Telegraph Masters (ATMs) in the Posts & Telegraphs Department, were reverted to the post of Telegraphist under the Director‑General's order of 17 August 1983, which also provided that 85% of ATM posts would be upgraded to Lower Scale Telegraph Masters (LSGTMs) and the remaining 15% ab…

The respondents were appointed as part‑time lecturers under conditions that allowed removal without notice and payment on an hourly basis. They filed a writ petition in the Punjab & Haryana High Court seeking regularisation on the regular pay scale. The High Court, without addressing the parties’ arguments, allowed the…

The appellant, daughter and heir of a tenant, sought possession of an identical area in a newly constructed building as promised in a consent decree that required the landlord‑bank to give her an equal premises after demolition of the old building. The landlord complied with the demolition but failed to allocate the pr…

The Union created 35 floating/common super‑time grade posts in the Central Health Service and, through the UPSC, prescribed a selection process involving a Departmental Promotion Committee (DPC) and an eligibility list. Dr. P. Rajaram (respondent No.1) challenged his lower ranking, alleging that promotions were made so…

The landlord filed a suit for eviction of the tenant on the ground of non‑payment of rent under the West Bengal Premises Tenancy Act, 1956. The tenant paid the agreed basic rent of Rs.32 per month but failed to pay an additional Rs.8 per month for electricity. The trial court held that the electricity charge was not pa…

The case concerned a company‑allotted flat that a former officer continued to occupy after retirement. The company sought prosecution under Section 630 of the Companies Act, 1956, which penalises officers or employees who wrongfully retain company property. The Supreme Court examined whether the term "officer or employ…

A family dispute led to an arbitration award in 1973, which was filed before a civil court for making it a rule of court. The court ordered impounding of the award in 1976, a decision confirmed by the High Court in 1981 and upheld by the Supreme Court in 1983. Respondent No.1 later approached the Collector to summon th…

The appellant, Subhash Chandra, inherited a tenancy originally created by a lease deed (Ext. P.20) between Navinchand and his father Misri Lal. Navinchand later sold the property to the respondents, who terminated the tenancy and sued for eviction. The appellant defended by claiming that the original owner, Smt. Raj Ra…

Havildar Ratan Singh was charged with cowardly abandonment of his post during an armed operation against militants and was tried by a Summary Court Martial under the Army Act, 1950. The trial court held that the offence fell under section 36 of the Act, allowing summary jurisdiction, and convicted him, reducing his ran…

The dispute involved a house in Delhi where the owner, Usha Rani Rajgaria, claimed that the appellants, Mohan Pandey and another, had illegally taken possession of part of the property and were trespassing. While a civil suit for eviction was already pending, the owner filed a writ petition under Article 226 of the Con…

Cochin Shipping Co., a company engaged in stevedoring, clearing and forwarding at Cochin Port, received a notice under the Employees' State Insurance Act, 1948 to pay contributions. The company contended that the Kerala Government's notification extending the Act to "shops" did not apply to it, arguing that a "shop" is…

The Andhra Pradesh State Road Transport Corporation (APSRTC) drafted about 70 schemes in 1977 to nationalise bus routes, excluding private operators. After objections, a new government in 1983 had the Transport Minister approve the schemes, which the High Court later quashed on grounds of alleged bias and corruption. F…

The appellants, four brothers, sued the first defendant for specific performance of an alleged oral contract to sell a building in Hyderabad for Rs.10,00,000. The trial court found an oral contract existed, but the High Court set aside the decree, holding that mere acceptance of price was insufficient without proof of …

Baikuntha Nath Das, a pharmacist appointed in 1951, was compulsorily retired in 1976 under the first proviso to Rule 71(a) of the Orissa Service Code, which corresponds to Fundamental Rule 56(j). He challenged the order, alleging that adverse remarks in his confidential character rolls were never communicated, that he …

The petitioners were diploma‑holder engineers employed as Operator‑cum‑Mechanics/Electricians in the West Bengal Government on a Rs.230‑425 pay scale. They claimed that sub‑para (ii) of Para IV of Notification No. 10303.F dated 19 Nov 1974, which renamed "other diploma holder engineers" as Sub‑Assistant Engineers, enti…

Anand Kumar filed Special Leave Petitions challenging the method by which the age of the Chief Justice of the Andhra Pradesh High Court, K. Bhaskaran, was determined. The petitioners sought a writ of mandamus to compel the President of India to decide the matter, arguing that the Council of Ministers should be involved…

The parties entered into an agreement on 26‑August‑1971 for the sale of a free‑hold house for Rs.1,78,000, with Rs.30,000 earnest money and a further Rs.98,000 payable within ten days. The vendor claimed that the ten‑day payment was the essence of the contract and, when the buyer failed to pay, declared the agreement v…

The Supreme Court examined a dispute arising from a 1942 will of Smt. Rathinammal, which directed that her great‑grandsons should take possession of the property in "equal shares" after attaining majority. The plaintiffs, three great‑grandsons of the younger son, claimed a half share, while the defendants, ten great‑gr…

During the tenure of the depot manager, Uma Shankar, a shortage of coal was discovered and the Bihar State Co‑operative Marketing Union Ltd. claimed loss against him. The dispute was referred to the Assistant Registrar under Section 48 of the Bihar and Orissa Cooperative Societies Act, 1935, which initially absolved th…

The Supreme Court examined three disciplinary dismissals of State Bank of India employees—Vijaya Kumar, T. Dayakar Rao and A.K. Soundararajan—who were appointed by the Executive Committee of the Central Board but dismissed by the Chief General Manager (CGM). The High Court had set aside the dismissals, holding that the…

The case concerned the seniority of a directly recruited officer (Prakash Chandra Misra) in the Orissa Forest Service Class II vis‑à‑vis promotees who were appointed during his training period. The petitioner argued that his seniority should be counted from the date of recruitment (1979) and that promotions exceeding t…

Mugaji Laxman Padule, a long‑time tenant, held agricultural land that exceeded the ceiling area prescribed under the Bombay Tenancy and Agricultural Lands Act, 1948. In 1960 he purchased an additional parcel from the landlords for Rs 3,000, claiming that a prior partition had brought his holdings within the ceiling lim…

The petitioners, Atlas Cycle Industries Ltd. and another, challenged the levy of octroi on their factories after the Sonepat municipal limits were extended, arguing that Section 5(4) of the Punjab Municipal Act, 1911 (as amended) was unconstitutional for denying them a right of representation and for its retrospective …

The Municipal Corporation of Delhi appealed against a High Court order that held only stamp duty, and not the surcharge under section 147 of the Delhi Municipal Corporation Act, was payable on a sale certificate issued by a civil court under Order XXI, Rule 94 of the Code of Civil Procedure. The respondent had bought a…

The Supreme Court examined appeals by tenants (appellants) against land‑owners (respondents) concerning the Punjab Security of Land Tenures Act, 1953. The land‑owners, heirs of an evacuee, had been allotted land and sought eviction of tenants, claiming they were "small land‑owners" whose holdings were below the permiss…

The Bhavnagar Municipality filed a suit for a declaration of title and possession of two parcels of land – the Parade Ground and the Rasala (Lancers) Lines – asserting that Resolutions No. 37 (19‑Jan‑1948) and No. 77 (29‑Feb‑1948) of the former Bhavnagar State vested the land in the municipality. The Union of India and…

The appellant, a registered society, filed a suit through its then‑Secretary. After the suit was instituted, a person claiming to be the newly elected Secretary withdrew the suit, and the trial court allowed the withdrawal. The society later elected a different Secretary who sought to recall the withdrawal order, but t…

The case concerned a joint Hindu Mitakshara family where Bhiku died leaving his widow Parvati and son Balu. Balu also died, leaving his widow Lilabai, who later remarried and gave birth to a posthumous daughter, Ashabai, the appellant. Parvati adopted Vithal in 1949, and Ashabai sued for possession of the family proper…

The landlords (appellants) obtained an eviction decree against their tenant, Respondent No.7, but the tenant's relatives (Respondents 1‑5) claimed they were also tenants in their own right and filed a writ petition under Article 226 of the Constitution. The High Court entertained the writ, holding that the decree did n…

Raj Kumar Thakur enrolled as a Ph.D. student in Agriculture at Dr. Y.S. Parmar University, a programme that allowed six semesters with possible extensions. While completing his seventh semester, he was appointed as an Assistant Scientist (Assistant Professor) of the same university, thereby becoming an employee. The un…

The appellant and 14 other applicants sought a stage‑carriage permit for the Pudukkottai‑Kottaipattinam route. The Regional Transport Authority (RTA) granted the permit to the appellant and rejected other applicants, including respondent No. 1, on the ground that they already held another permit. The State Transport Ap…

The case concerned a large tract of land requisitioned in 1967 under the Defence of India Act and later acquired by the Central Government under Section 7 of the Requisitioning and Acquisition of Immovable Property Act, 1952. The compensation determined by the Competent Authority was refused to be paid, leading the own…

Babu Singh, a life‑convicted prisoner who had served eleven and a half years, applied to the Punjab & Haryana High Court for premature release. The High Court, after noting that his mercy petition to the Governor had not been decided within the three‑month period it had ordered, directed his release on bail, stating th…

A 29‑year‑old woman, Chandrakala, vanished near Bharana Naka while alighting from a bus and was later found dead, having been raped and throttled. The initial police investigation wrongly focused on the bus crew, but CID Inspector Kulkarni later implicated three accused – a hotel waiter (appellant No.1) and two young m…

A combined entrance examination was conducted by Lucknow University for admission to postgraduate medical courses in seven medical colleges in Uttar Pradesh. The university's guidelines (clause G(ii)) required a separate merit list for each college based on institutional candidates, which the petitioners challenged as …

The Supreme Court examined whether a person questioned under the Customs Act, 1962 or the Foreign Exchange Regulation Act, 1973 is entitled to the assistance of a lawyer. The petitioners argued that denial of counsel violated Article 20(3) and Article 21 of the Constitution, while the Department contended that such per…

The respondents, former armed forces personnel, were re‑employed as whole‑time officers in the National Cadet Corps (NCC) and were granted permanent commissions under a Government order dated 23 May 1980, which fixed their retirement age at 55 (extendable to 57). They later sought to remain in service until the age of …

The case concerned a partnership formed in Pondicherry in 1962 among the father and his sons, later continued by the sons after the father's retirement. In 1978 the respondent sued for dissolution of the partnership and accounting, claiming it was a partnership at will, while the appellants contended that the deed, gov…

The appellant D.B. Raju contested his election to the Karnataka Legislative Council, alleging that the 242 nominated members from 121 Mandal Panchayats were added to the electoral roll after the deadline for filing nomination papers (3 p.m., 3 June 1988). The High Court held that the roll was not updated by that time a…

The appellant, a co‑owner of an undivided family dwelling, sued to restrain the sale of his brother's half‑share to a stranger and to prevent the stranger from taking possession. The trial court granted an interim mandatory injunction, but the Bombay High Court set it aside, holding that the facts did not show a prima …

The respondents entered into an agreement to sell 294 acres of land to a sugar company and handed over possession. The company later declared the land as surplus under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, and surrendered it. The Primary Land Tribunal held that the respondents we…

The Supreme Court heard a batch of petitions challenging the constitutionality of the Constitution (Fifty‑Second Amendment) Act, 1985, which inserted the Tenth Schedule (anti‑defection law). The key disputes were whether Paragraph 7 of the Schedule, which bars all courts from hearing any matter relating to a member’s d…

The appellant, D.R. Gupta, an assistant cashier of Rampur Zila Sahkari Bank, was suspended and dismissed after a domestic inquiry that was later found to have violated principles of natural justice. A reference under s.4‑K of the U.P. Industrial Disputes Act was made to an Industrial Tribunal, where the Tribunal first …

The case involved the murder of Smt. Dhaka, a widow, for which five persons were tried. One accused, Mam Chand, turned approver, and the prosecution relied solely on his testimony and on the recovery of articles, with no direct evidence linking the accused to the crime. The trial court convicted all accused, and the Hi…

Lakshmipathi Naidu, a Telugu Pandit since 1975, obtained a B.Ed. in 1983 and applied for a Head Master vacancy in 1986. The Special Rules for the Tamil Nadu Higher Secondary Educational Service required ten years of experience as a B.T. Assistant or Pandit after obtaining a teaching degree, leading the Madras High Cour…

The appellant purchased 5 acres of land that had been regranted to a watan land‑holder in 1968, who had obtained a sanction to alienate the land under Section 5(3) of the Karnataka Village Offices Abolition Act, 1961. In 1978 the Act was amended (Act 13 of 1978) to prohibit the transfer of any regranted land for fiftee…

The dispute between Jagdish Chander Bhatia and Lachhman Das Bhatia over shares in two houses was referred to arbitration by the Supreme Court, which appointed a retired chief justice as sole arbitrator. The arbitrator issued a speaking award allocating specific shares based on contributions to the purchase price, witho…

The Supreme Court examined the constitutional validity of Section 73A of the Maharashtra Cooperative Societies Act, 1960, which restricts designated officers (Chairman, President and other officers declared by the State) from holding office in more than one cooperative society and limits their tenure to ten years in ag…

The State of Orissa contracted Niranjan Swain for construction of an earth dam and a dispute over the balance payment, security deposit and interest was referred to an arbitrator under the contract’s arbitration clause. The arbitrator awarded a lump‑sum of Rs 21,11,835 inclusive of interest, which the trial court made …

The appellant, a resident of Bazargaon village in Nagpur district, challenged the grant of a mining lease to respondent No. 4 over land that had been reserved for Nistar (grazing) purposes. The earlier application for a mining lease had been rejected because of this reservation, but the lease was later granted without …

The landlord, Excelsior Needle Industries, filed an eviction petition under the Haryana Urban (Control of Rent and Eviction) Act, 1973 alleging non‑payment of rent by the tenant, Rubber House. The tenant contended that the rent increase was unlawful, that he had already paid rent up to March 1975 and had tendered arrea…

The petitions filed by Sikkimese of Nepali origin challenged the reservation of twelve seats for Bhutia‑Lepcha and one seat for the Buddhist Sangha in the Sikkim Legislative Assembly, arguing that these provisions violated Articles 14, 15(1), 325, 332(3) and the basic structure of the Constitution. The Court examined w…

A group of surplus Block Level Extension Officers were absorbed as Sales‑Tax Inspectors in Madhya Pradesh between 1967 and 1970 and were later confirmed retrospectively on 15 February 1980 with effect from 31 March 1967. The existing Sales‑Tax Inspectors challenged the retrospective confirmation and the seniority list …

The State of Maharashtra issued an externment order against Salem Hasan Khan under Section 56 of the Bombay Police Act, alleging involvement in narcotics, riots and intimidation. Khan appealed the order under Section 60 and, while the appeal was pending, filed a writ petition under Article 226. The State Government dis…

Harnam Singh, a government servant who joined in 1956, discovered that his date of birth recorded in his service book (20‑May‑1934) differed from that on his matriculation certificate (7‑Apr‑1938). He sought correction in 1991, just months before his scheduled superannuation, but the department rejected his request cit…

Labh Chand, an executive engineer of the Uttar Pradesh Government, sought voluntary retirement but was compulsorily retired by the Governor under Financial Rule 56. He first approached the Allahabad High Court with a writ petition, which a Division Bench dismissed for not exhausting the alternative remedy before the Ut…

The Lala Jeetmal Kapoor Trust, which owned 2071.10 sq. metres of vacant land in Kanpur, was notified for acquisition under the Kanpur Southern City Extension Scheme. The Trust objected, claiming that the layout had been sanctioned, that provisions for roads and a public park were included, and that it had filed an appl…

Ashok Dubey, a Canara Bank officer, was selected by the UPSC for the post of Assistant Provident Fund Commissioner and was offered appointment contingent on a valid discharge from his bank, vigilance clearance and an integrity certificate. While his resignation was pending, the bank informed the appointing authority th…

The Supreme Court examined the legality of district‑wise panels prepared by the State of Bihar for appointing primary‑school assistant teachers. The petitioners argued that inclusion in a panel created a vested right to appointment and that the Government's circular of 2 July 1989, which cancelled the panels but saved …

The landlord sought eviction of tenant Duli Chand under Section 14(1)(b) of the Delhi Rent Control Act, 1958, alleging that the tenant had sub-let the shop to M/s Hira Lal Sri Bhagwan after June 9, 1952 without the landlord's written consent. The tenant contended that no sub‑letting occurred, that the business was run …

Petitioners whose lands were acquired under the Land Acquisition Act, 1894 were dissatisfied with the compensation awarded by the reference court and appealed to the Punjab & Haryana High Court, which fixed compensation rates as agreed by the parties. Subsequently, the High Court awarded higher compensation for a parce…

The petitioners' lands were acquired under the Land Acquisition Act, 1894 and compensation was initially fixed by the District Judge. The High Court, on appeal, enhanced the compensation based on uniform market‑value rates for the tract of land. The petitioners sought further enhancement, relying on a later High Court …

The landlord (respondent) leased premises to Bajaj Auto Ltd (appellant) under an unregistered lease deed that prohibited sub‑letting without the landlord’s written consent, but allowed assignment to associate concerns without consent. Bajaj Auto sub‑let the premises to United Automobiles, its authorised dealer, without…

Yogendra Murari was detained under Section 3(2) of the National Security Act, 1980 after three violent incidents that disturbed public order. He challenged the detention on grounds that the order improperly included incidents unrelated to public order, was delayed beyond four months, was intended to defeat a bail order…

The Supreme Court heard a writ petition filed by the Sub‑Committee on Judicial Accountability seeking directions concerning an inquiry into alleged misconduct of a sitting Supreme Court judge for his conduct as former Chief Justice of a High Court. The petition questioned the validity of the Lok Sabha Speaker’s admissi…

The petitioners sought a writ of mandamus to stop the release of 7,500 cartons of Irish butter imported for the Operation Flood programme, alleging that the butter was contaminated with radioactive fallout from the Chernobyl disaster. The Bombay High Court declined to issue such a writ, holding that the matter was tech…

The State of Gujarat detained Sunil Fulchand Shah under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, on grounds that linked him to a large smuggling operation. Co‑accused filed bail applications on 2 Oct 1984 and a retraction petition on 3 Oct 1984, which the detai…

The appellants, land owners whose property was acquired for a residential‑commercial complex in Hissar, Haryana, challenged the compensation awarded by the Land Acquisition Collector and later by the High Court. The Collector had belted the land into three blocks with low per‑square‑yard rates, which the High Court inc…

The appellant, a civil servant, was transferred to New Delhi but failed to report for duty, leading to disciplinary proceedings under the Central Civil Services (Conduct) Rules. While the proceedings were pending, he took voluntary retirement, and the government continued the enquiry under Rule 9 of the Central Civil S…

The Tamil Nadu Housing Board allotted residential plots to low‑income applicants in 1963. In 1975 it issued fresh demands for additional amounts covering excess compensation for land acquisition and development charges. T.N. Ganapathy filed a suit in representative capacity on behalf of all low‑income allottees seeking…

Employees of the Jammu & Kashmir High Court sought a 25% reservation in the Jammu & Kashmir Civil Service (Judicial) recruitment rules for promotion/transfer from positions such as Assistant Registrars, Readers, Court Officers and Librarians. The High Court, after consulting the Public Service Commission and a Vigilanc…

The appellant suffered injuries in a road accident on 22 January 1989 and filed a claim petition on 15 March 1990, seeking condonation of delay. The Motor Vehicles Act, 1939, under which the accident occurred, was repealed and replaced by the Motor Vehicles Act, 1988 on 1 July 1989; both statutes prescribe a six‑month …

The State of Kerala acquired 190.37 acres of land from Periyar and Pareekanni Rubbers Ltd. for irrigation and industrial projects under the Kerala Land Acquisition Regulation, 1089. The Collector fixed the market value at very low rates, which the appellant challenged, seeking higher compensation, severance, injurious‑…

The appellant, a non‑profit society running a school, challenged a demand for general tax by the Delhi Municipal Corporation, claiming exemption under section 115(4)(a) of the Delhi Municipal Corporation Act, 1957 on the ground that it pursued a charitable purpose. The Delhi High Court dismissed the petition, holding t…

Indra Kumar Chopra, appointed as Assistant Manager (Quality Control) in 1981, claimed he became a permanent employee after being provisionally absorbed into the Uttar Pradesh Cooperative Dairy Federation and Milk Unions Centralised Service created by the 1984 Rules. The respondents terminated his services under Regulat…

The State of Tamil Nadu issued a notification under Section 4 of the Land Acquisition Act, 1894 to acquire land for a housing scheme of the Tamil Nadu Housing Board, but had not yet prepared a scheme under the Madras State Housing Board Act, 1961. The landowners challenged the notification, arguing that acquisition cou…

The petitioners, daily-rated workmen of National Mineral Development Corporation Ltd., filed a writ seeking regularisation and equal pay for equal work, alleging they performed the same duties as regular employees. The respondents contended that there was no work or vacancy for the petitioners, who were retained on the…

The Diesel Locomotive Works invited tenders for ferrous scrap, stipulating that earnest money be paid by cash or a demand draft drawn on the State Bank of India. Poddar Steel submitted the highest bid accompanied by a certified banker's cheque from Union Bank of India, which the Tender Committee verified and accepted. …

M.S. Jasra, a former RBI officer, joined Lakshmi Commercial Bank as Assistant General Manager in 1983. After Lakshmi was amalgamated with Canara Bank under Section 45 of the Banking Regulation Act, 1949, he was placed as Divisional Manager in Canara Bank. He claimed entitlement to a higher post and to retire at age 60,…

The petitioners were ex‑servicemen re‑employed in the Haryana civil service who had served in the Indian Army during the 1962‑68 national emergency. The State had adopted the Punjab Government National Emergency (Concessions) Rules, 1965, which granted benefits such as increments, seniority and pension to such ex‑servi…

The State of Bihar terminated the services of 320 doctors, including Dr. Sandhya Das, after they failed to return from leave and did not respond to a general notice. Ms. Kamlesh Jain filed a public interest litigation seeking financial assistance and post‑retirement benefits for Dr. Das, and the Patna High Court ordere…

The appellants, who run private educational institutions, challenged the Tamil Nadu Private Educational Institutions (Regulation) Act, 1966 on the ground that several of its provisions gave unfettered discretionary power to the State, violating Article 14 of the Constitution. The High Court had struck down only section…

The State of Punjab sought royalty and mining licences for the removal of brick‑earth, classified as a minor mineral, from lands owned by private individuals in Gurdaspur. The brick‑manufacturers sued the State for perpetual injunctions, arguing that the State did not own the brick‑earth and therefore could not demand …

The Supreme Court heard a contempt petition filed by I. Manilal Singh, Secretary of the Manipur Legislative Assembly, who alleged that Dr. H. Borobabu Singh, the Speaker of the Assembly, had ordered his compulsory retirement as retaliation for implementing the Court’s earlier orders quashing the disqualification of cer…

The petitioner challenged two 1992 Ordinances that amended the Representation of the People Act, 1951 – narrowing the counter‑manding provision in Section 52 to only candidates of recognised political parties who die, and reducing the minimum interval between the withdrawal of nominations and polling from twenty to fou…

The Supreme Court examined the constitutional validity of the Handlooms (Reservation of Articles for Production) Act, 1985 and the 4 August 1986 order reserving certain textiles for exclusive handloom production. Petitioners argued that the reservation created a monopoly, violated Articles 14 and 19(1)(g) of the Consti…

The Supreme Court examined the constitutional validity of Chapter III‑C of the Reserve Bank of India Act, 1934 (Section 45S and Section 58B(5A)) introduced by the Banking Laws (Amendment) Act, 1983, which limit the number of depositors an individual, firm or unincorporated association may accept and prescribe a two‑yea…

Shri Dulal Duti, a senior officer of the Indian Railway Stores Service, was served a compulsory retirement order dated 24 April 1990 after facing major penalty charge‑sheets. He challenged the order before the Central Administrative Tribunal (CAT) under Section 19 of the Administrative Tribunal Act, 1985, seeking its q…

The petitioners challenged the constitutional validity of amendments to the Bombay Prohibition Act, 1949 made by the Gujarat Legislature that required a permit for possession of "rotten gur" in excess of a prescribed limit and regulated its manufacture. They argued that the provisions exceeded the State's legislative c…

The respondent was appointed in 1965 as Superintendent of a Deaf Mute and Blind School and later promoted to Deputy Director and Joint Director in the Social Welfare Department. Under Madhya Pradesh State Fundamental Rules (FR 56 Sub‑Rule (1‑a)), the retirement age is 58 years, except for teachers who may serve until 6…

The Secretary to the Government of Orissa entered into a contract for works with S. Rout, which later gave rise to a dispute referred to arbitration. The arbitrator awarded interest, which the appellant challenged under Section 39 of the Arbitration Act, 1940. The Supreme Court examined whether the arbitrator could awa…

The Integral Coach Factory’s Production Control Organisation (PCO) comprises four wings, of which the Progress Wing was declared a separate permanent cadre while the Inspection Wing remained an ex‑cadre unit. Employees of the Inspection Wing filed a writ petition alleging that this differential treatment violated Artic…

The respondent was repeatedly appointed on an ad‑hoc contractual basis for limited periods at the Institute of Management Development. After a committee recommended abolition of redundant posts, the institute abolished her post, and the High Court ordered her reinstatement and regularisation. The institute appealed, ar…

The Supreme Court examined challenges to the Tamil Nadu Debt Relief Act, 1980 and the Karnataka Debt Relief Act, 1976, which provide relief of agricultural indebtedness to small farmers, landless labourers and weaker sections. Money lenders and pawn‑brokers contended that the statutes were beyond State legislative comp…

The case concerned a tenancy holding that devolved to Smt. Sukhia, the widow of Chain Sukh, under Section 35 of the United Provinces Tenancy Act, 1939. After Chain Sukh’s death, Smt. Sukhia remarried Gopal Singh in a customary “Karwa” ceremony and had a son, Chander Pal. The appellant, Smt. Mainia, sister of Chain Sukh…

The petitioners, former rulers of Indian princely states, challenged the Constitution (Twenty‑sixth Amendment) Act, 1971 which repealed Articles 291 and 362 and amended Article 366(22), thereby abolishing privy purses and royal privileges. They argued that the amendment violated the basic structure doctrine, exceeded P…

The respondents filed writ petitions challenging the extension of the Wealth Tax Act, 1957 to the State of Jammu & Kashmir, arguing that the Act falls under Union List Entry 86, which does not apply to the State under Article 370, and that it should be placed under Entry 97, rendering the extension ultra vires. The Hig…

The Supreme Court held that the right to education is a fundamental right flowing from Article 21, but it is limited to free education up to the age of fourteen and thereafter subject to the State’s economic capacity. The Court rejected the notion of a fundamental right to establish or obtain recognition for educationa…

The case concerned employees of the Accounts Wing of the Indian Audit and Accounts Department who claimed that the benefit under the Office Memo dated 12 June 1987, which upgraded pay scales, should be applied retrospectively from 1 January 1986, the date the Fourth Central Pay Commission had recommended higher scales …

The petitioners, owners of lands in the Hubli‑Dharwad urban agglomeration, challenged the Land Tribunal’s order granting occupancy rights to tenants under the Karnataka Land Reforms Act, arguing that the lands fell within the scope of the Central Urban Land (Ceiling and Regulation) Act, 1976 and that the State Act shou…

The case concerned casual workmen employed by the Telecommunication Department who sought benefits under an absorption scheme. The Central Administrative Tribunal ordered the Department to pay benefits and to prepare an all‑India seniority list for allocating work. The Union of India appealed, arguing that maintaining …

The President of India referred a complaint under Article 317(1) to the Supreme Court alleging that a member of the Punjab Public Service Commission, G.K. Saini, slapped the Chairman, Santosh Chowdhary, without provocation. After extensive evidence, including affidavits of the Chairman, three other members, and the res…

Ajudh Raj and others (plaintiffs) challenged an order passed by the Compensation Officer under Section 27(4) of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, which granted Moti, the respondent, rights as a sub‑tenant. The plaintiffs claimed Moti was merely a labourer and that the offi…

The claimant, Randhir Singh, suffered permanent disability after a collision with a truck owned by Ramesh Chandra and sought compensation for loss of earnings, treatment expenses, and general damages for pain and suffering. The Motor Accident Claims Tribunal awarded compensation under three separate heads and the High …

The appellants owned land that was acquired by the Hubli Dharwar Municipal Corporation for its own purposes. A reference under Section 18 of the Land Acquisition Act, 1894 was made to a civil court for determination of compensation, but the court proceeded without serving notice to the corporation as required by Sectio…

The petitioner, Salim Rajmohmad Muslim, was detained under section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 on 11 June 1987. He filed a representation on 15 July 1987 to both the detaining authority (Police Commissioner, Surat) and the State Government, alleging that neither had considered it …

The case concerned the validity of the 1990 amendment to the Madras Corporation Engineering Service Rules which introduced a 3:1 ratio favouring graduate engineers over diploma‑engineers for promotion to Assistant Executive Engineer. The petitioners (graduate engineers) challenged the amendment as violative of Articles…

The Shakti Cooperative House Building Society, formed to allocate house sites to its members, became embroiled in internal disputes that halted plot allocation. The Registrar barred elections, a decision upheld by the Delhi High Court. A former High Court judge was appointed as Administrator to verify membership and pr…

Kishan Singh was convicted under Section 5(2) of the Prevention of Corruption Act and sentenced to two years' rigorous imprisonment. He appealed to the Allahabad High Court under Section 374 of the Criminal Procedure Code, but the High Court dismissed the appeal for default because neither he nor his counsel appeared, …

Nelson Motis, a government servant, was removed from service on 4 February 1984 after an inquiry found several charges proved. He challenged the removal before the Central Administrative Tribunal, which set aside the penalty on procedural grounds and noted his acquittal in a related criminal case. The Tribunal ordered …

The appellants, owners of premises in Ranchi, leased the property to the respondents for 20 years, a lease that expired on 31 July 1971. The respondents gave a notice on 16 July 1971 claiming a month‑to‑month tenancy and the appellants filed an application under section 12 of the Bihar Buildings (Lease, Rent and Evicti…

The appellant, having secured more than 40% marks in his M.A. examination, was admitted to a three‑year LL.B. course but later the university refused to declare his pre‑law and intermediate law examination results, claiming he was ineligible because he did not meet a 40% aggregate requirement. The Supreme Court examine…

The plaintiff, an illiterate woman, was deceived by defendants who made her sign two deeds—one a genuine gift deed to her daughter and the other a fraudulent sale deed to the defendants—by misrepresenting the character of the documents. She later discovered the fraud and filed a suit to cancel the sale deed, while cons…

The appellants owned a residential house from which Respondent No. 4, a tenant, was evicted after a civil decree in the appellants' favour. The appellants took physical possession with police assistance. Respondent claimed a sale agreement, filed a title suit, and later opened fire to retake possession, leading to a cr…

The landlord sought eviction of his tenant under Clause 13(3) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949, alleging wilful default in rent payment and a bona‑fide requirement for possession. The tenant argued that he paid rent in lump‑sum instalments, which the landlord accepted without objecti…

The petitioners, owners of land in Sholapur, challenged the acquisition of their land under the Urban Land (Ceiling & Regulation) Act, 1976, arguing that the Act should not apply to land reserved for public purpose under the Maharashtra Regional and Town Planning Act, 1966 and that sections 10, 11 and 23 of the Act vio…

The respondent landlord and the appellant entered into a written agreement that was labeled as a leave and licence, but its terms required payment of monthly rent, prohibited sub‑letting, and provided for renewal, indicating an interest in the premises. After the agreement expired, the landlord sued for eviction, claim…

The Maharani, married to a Maharaja in 1960, sought to nullify that marriage after the Maharaja’s death in 1974, when the Maharaja’s mother’s relative (the respondent) claimed to have married the Maharaja believing his first marriage was dissolved. The respondent filed a petition under Section 11 of the Hindu Marriage …