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262 judgments · newest first · showing 201–262
The respondent, Fenoplast (P) Ltd., manufactures rexine cloth by coating 100% cotton fabric with PVC resin, plasticizers and fillers. It argued that because cotton constituted only 8% of the finished product, the cloth could not be classified as a "cotton fabric" under Tariff Item 19(III) of the …
The Supreme Court examined whether a sales‑tax appellate authority could entertain a Form‑C declaration when it had not been filed before the first assessing authority under the Central Sales Tax Act, 1957. The revenue argued that Rule 12(7) limited the filing of Form‑C to the time of assessment by …
HICO Products Ltd., a manufacturer of medicinal silicone products such as dimethicone and simethicone, claimed that these goods should be classified under the residuary Tariff Item 68 and therefore be exempt from excise duty under government notifications of 1982. The Central Excise authorities …
The appellants applied to the Regional Transport Authority, Dehradun for stage carriage permits on the Muzaffarnagar‑Yamuna Bridge route. While the applications were pending, the Supreme Court stayed the issuance of fresh permits on routes covered by certain writ petitions, but clarified that the …
The Delhi Stock Exchange sought to increase its membership by 250, half through a public issue of shares and half by diluting existing shareholdings, subject to a higher non‑refundable deposit for public‑issue applicants. The Central Government approved the scheme, and an Expert Committee was …
The plaintiffs, originally appointed as Lecturers in a private college that was later taken over by the Haryana Government, claimed they had been promoted to Senior Lecturers under the UGC scheme and that the Government’s regularisation of them as Lecturers amounted to a demotion. The Court examined …
The New Central Jute Mills Ltd. sued VEB Deutfracht Seereederei Rostock (D.S.R. Lines) for delivering damaged spare parts. The defendant claimed to be a department of the German Democratic Republic (GDR) and invoked Section 86 of the Code of Civil Procedure, 1908, which bars suits against foreign …
The appellant, a landlady, sought determination of reasonable rent under Section 43-B of the Bombay Tenancy and Agricultural Land Act, 1948, alleging that the contractual rent was inadequate. The respondents, tenants, contended that they became absolute owners of the land on the tiller's day (1 …
Five suits were filed by appellants seeking declaration that they became Khatedars under Section 5(4) of the Rajasthan Zamindari and Biswedari Abolition Act, 1959, based on possession evidenced by jamabandi records. The closest jamabandi to the abolition date was not produced, and oral evidence was …
Deokabai, an elderly widow, entered into a written agreement to sell a portion of her house to Uttam, subject to obtaining permission from the competent authority and, thereafter, securing another suitable house before the sale deed could be executed. After permission was granted, Uttam demanded …
The plaintiff filed a suit on the last day of limitation against a deceased defendant, Mariappa Gounder, for a promissory note. After learning of the defendant's death, the plaintiff sought to substitute the deceased's heirs as parties. The trial court dismissed the applications, holding the suit …
A petition under Section 7(1) of the Sikh Gurdwara Act, 1925, was filed by more than fifty Sikh worshippers seeking a declaration that Gurdwara Sahib Bara was a Sikh Gurdwara. The respondent, Mihan Singh, claimed hereditary rights and objected under Section 8, asserting the shrine was not a Sikh …
The appellants, employees of Air India, were dismissed after disciplinary proceedings and were paid one month's salary reduced by Rs.10-15 for tax deducted under the West Bengal State Tax Act, 1979. Air India sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act, …
The dispute concerned a double‑storeyed building within the Jallowkhana complex at Kapurthala, occupied by the Punjab Public Works Department. Brigadier Sukhjit Singh, a heir‑apparent of the erstwhile Maharaja, claimed ownership based on a 1925 farman that vested the entire complex in each …
Chand Dhawan (wife) appealed against the Punjab & Haryana High Court’s order dismissing her claim for permanent alimony under Section 25 of the Hindu Marriage Act and also setting aside the maintenance pendente lite granted under Section 24. The wife had filed a petition for permanent alimony and …
The Supreme Court examined the constitutional validity of Sections 4, 4‑A and 5 of the Andhra Pradesh Entertainment Tax Act, 1939 (as amended by Act 24 of 1984 and later amendments) which levy tax on cinema shows based on a percentage of the gross collection capacity per show and provide an optional …
The mother of two minor respondents sold their land to the appellant without obtaining court permission, though the deed was attested by the father. After attaining majority, the respondents sued for possession, claiming the sale was void. The appellant argued that the father's attestation made the …
The State of Gujarat had trifurcated its Electrical Engineering Branch into Junior Engineers and Supervisors and, by a 1975 resolution, introduced a quota rule fixing a 2:1 ratio for promotion to Deputy Engineer posts. The Gujarat High Court struck down this ratio as unjustified and issued a …
The Ahmedabad Urban Development Authority (AUDA) levied a development fee on property owners under Sections 119(1) and 119(2)(c) of the Gujarat Town Planning and Urban Development Act, 1976. The petitioners challenged the levy, arguing that the statute did not expressly empower AUDA to impose such a …
The appellants, owners of several plots acquired under the Land Acquisition Act, 1894, had received awards from the Collector (10‑June‑1968) and a reference court (30‑August‑1972) and sought enhanced compensation on a belt‑wise basis before the High Court, which awarded varying rates. They appealed …
Central Coalfields Ltd. and other mining companies used dumpers and rockers within their lease‑hold areas. The State of Orissa demanded that these machines be registered under the Motor Vehicles Act, 1939 and taxed under the Bihar and Orissa Motor Vehicles Taxation Act, 1930 (and the Madras Vehicles …
The Union of India appealed against the Judicial Commissioner of Goa, Daman and Diu, who had held that dumpers and shovels used solely within the owners' mining premises were outside the scope of the Motor Vehicles Taxation Act, 1965. The respondents, mining operators, had initially registered these …
Shree Chamundi Mopeds Ltd., a tenant of the Church of South India Trust, defaulted on rent and faced eviction under the Karnataka Rent Control Act. The company was also declared a sick industrial company by the Board of Industrial and Financial Reconstruction under the Sick Industrial Companies …
Surjit Singh, a serving soldier, was charged along with his brothers and two others for criminal trespass, murder of the village Sarpanch, and grievous hurt. He claimed an alibi, asserting he left the village at 4 p.m. on the day of the crime and was traveling by train to his unit, and also argued …
In 1985 the Gujarat Government permitted the Chief Minister and other ministers to appoint persons on a purely contractual basis, co‑terminus with the ministers' tenure and without any right of absorption. Twelve such appointees were terminated in December 1989 when a new government came to power. …
Rajinder Singh was charged with murder under Section 302 IPC and illegal use of a pistol under Section 27 of the Arms Act for allegedly shooting Chamkaur Singh, who later died of injuries. The prosecution relied on two eye‑witnesses (Harbans Singh and Hakam Singh) and two dying declarations of the …
The incident occurred on 10 November 1979 when Wazir Singh, armed with a kulhari, and his accomplices Darbara Singh and Dalip Singh attacked Sadha Singh, inflicting a fatal incised wound and multiple blunt injuries. The trial court convicted all three under Section 302/34 IPC and sentenced them to …
Lilasons Breweries (Pvt.) Ltd. obtained licences to operate a brewery in Madhya Pradesh and was required to pay, under Rule 22 of the Madhya Pradesh Brewery Rules, 1970, any excess of the officers' pay beyond five per cent of the excise duty levied on its beer. The brewery challenged the demand, and …
The case concerned a dacoity that occurred on the night of 5-6 April 1970 at the house of Dhaniram Singh (PW‑11) in Awadhiya village. The prosecution alleged that five of the accused, including Munni Singh, participated in the robbery and murder of the victim's uncle. Four sets of eyewitnesses were …
The Punjab government acquired about 50 acres of land for the Food Corporation of India (FCI) and the District Collector awarded Rs.30,000 per acre. Both the landowners and FCI sought references under Section 18 of the Land Acquisition Act, 1894; the reference court barred FCI’s reference but fixed …
The petitioners, agricultural landholders, filed returns under the Maharashtra Agricultural Lands (Ceiling and Holdings) Act, 1961. The Collector held that the first petitioner’s holding was 124 acres 23 guntas, below the ceiling, and therefore not a surplus holder. The petitioner appealed this …
The appellants, commission agents operating in the Muzaffarnagar market area, were required to pay a market fee under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam Act, 1964, as amended retrospectively to apply from 12 June 1973. They challenged the demand for fees covering the period 11 October …
In execution of a money decree, three parcels of agricultural land belonging to the judgment‑debtor were sold at a court‑sale, the decree‑holder purchasing the property. The debtor retained possession of two parcels while the purchaser occupied the third. The debtor filed a petition under Section 20 …
Respondent No.3 obtained a permanent injunction against the State of U.P. and its Forest Department to prevent interference with his right to cut trees on his land. Later, Smt. Lagan Devi secured a temporary injunction restraining Respondent No.3 from cutting trees on her plot, invoking the earlier …
The petitioners challenged the award of additional compensation under Section 23(1‑A) of the Land Acquisition Act, 1894, claiming it should apply to their case where the acquisition proceedings began before the 1984 amendment but the court award was rendered after the amendment came into force. The …
Urmila Padhi filed a suit for declaration of title based on a 1968 partition and later died during the proceedings. Her brother’s son and sister were brought in as legal representatives under a deed of settlement and a will executed by her. The trial court upheld the suit, finding the settlement and …
The decree-holder firm obtained a money decree against a judgment debtor and, during execution, the debtor's agricultural land was attached and auctioned, with the firm emerging as the successful bidder. The heirs of the debtor filed an objection under Section 47 of the CPC, alleging that the sale …
The appellant mortgagor and his co‑heirs mortgaged two‑thirds of a property for a loan. A mortgage suit was filed and the trial court passed a preliminary decree on 25‑July‑1962 ordering payment in instalments and authorising a sale on default. Because of non‑payment, a final decree for sale was …
The appellants, Ashok alias Somanna Gowda and Rajendra, applied for Assistant Engineer positions in Karnataka's Public Works Department but were not selected because the interview component, weighted at 33.3% of total marks under the Karnataka State Civil Services (Direct Recruitment by Selection) …
The Union of India filed a writ petition under Article 226 challenging demand notices issued by the Purna Municipal Council for service charges of Rs.28,400 on railway property for the years 1954‑1960. The Union relied on Article 285 of the Constitution read with Section 135 of the Indian Railways …
Yogendra Prasad, an ex‑treasurer of a cooperative society, was alleged to have misappropriated Rs.95,790.54. The society initiated recovery proceedings under section 48 of the Bihar and Orissa Cooperative Societies Act, 1935. The Registrar referred the dispute to the Assistant Registrar, who passed …
The Punjab Government, after the High Court allowed six‑month continuance of ad‑hoc Patwari appointments, amended Rule 2(a) of the Punjab Revenue Patwari Class III Service Rules, 1963 to permit district committees to recruit. A district committee in Patiala, comprising the Deputy Commissioner, …
Three brothers sold land to Harbhajan Singh; the fourth brother, Ujagar Singh, filed four pre-emption suits which were decreed on the condition that the pre-emption money be paid by 30 August 1970. The pre‑emptors appealed for a reduction of the amount and obtained an extension of time for deposit, …
The Supreme Court examined five civil appeals concerning the grant or renewal of road‑transport permits on routes in Tamil Nadu. The Regional Transport Authority had awarded permits to the State Transport Undertaking (STU) and denied them to private operators, including Anna Transport and Safe …
The Supreme Court entertained a writ petition under Article 32 after a letter complained of bonded labour in stone quarries of Faridabad, Haryana. It appointed commissioners and investigators to examine the working conditions and the implementation of the Bonded Labour System (Abolition) Act, 1976 …
Anil Kumar Soni was confirmed as Assistant Technical Officer (ATO) in the Punjab Financial Corporation in 1976. He later applied for and was selected as Assistant Manager, a new cadre post filled by direct recruitment, and was appointed on probation in 1980. After several extensions of his …
Pratibha Co‑operative Housing Society Ltd. constructed eight unauthorized floors in a 36‑storey building, exceeding the permissible Floor Space Index (FSI) by about 24,000 sq ft. The Bombay Municipal Corporation issued a show‑cause notice and ordered demolition of the upper eight floors, which the …
The case concerned the appointment of an Assistant Professor of Neurosurgery at Patna Medical College. Dr. Arun Kumar Agrawal, holding an M.Ch. in Neurosurgery, was placed first in the selection panel prepared by a specialist committee and approved by the State Government, while Dr. Chandra Mohan …
The Government of Tamil Nadu complained to the Centre that Karnataka was impounding Cauvery waters in violation of inter‑State agreements, prompting the Central Government to constitute the Cauvery Water Disputes Tribunal under the Inter‑State Water Disputes Act, 1956. While the Tribunal was hearing …
The Bihar State Road Transport Corporation (the appellant) objected to the grant of stage‑carriage permits to private operators for a route that overlapped the Ranchi‑Chaibasa segment, which was a nationalised route under a notified scheme dated 1‑April‑1960. The State Transport Authority rejected …
The appellants, senior officers of the Rajasthan Administrative Service, challenged the 1987 amendment to the Rajasthan Administrative Service Rules that created a Super Time Scale, contending that these posts were merely “higher posts” and should be filled on a 50:50 merit‑seniority basis. The High …
The case concerned a gift of land made by Kehar Singh in 1947 to his second wife, Basant Kaur, as maintenance. After the Hindu Succession Act, 1956, the widow’s step‑grandsons claimed the gift gave her only a limited estate under Section 14(2) and that the estate could not be enlarged. The High …
The Punjab Public Service Commission conducted a competitive examination for 71 posts in the Punjab Civil Services (Executive Branch) and Allied Services. Candidate V.M. Bansal, whose father was a commission member, changed his preference to the Punjab Civil Service before the result was declared …
Badlu, the father of Hakim Ali, filed a suit under Section 229‑B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 seeking a declaration of bhumidari rights. The suit was dismissed, but the Additional Commissioner reversed the decision, leading the respondent to file a second appeal before …
The Union of India, as the revenue authority, demanded advance tax from the U.P. State Ware Housing Corporation for the assessment year 1974-75, contending that the corporation's rental income from its godowns and warehouses was not exempt under Section 10(29) of the Income Tax Act, 1961. The …
The case concerned whether Modi Spinning and Weaving Mills Ltd. was entitled to an allowance of development rebate on plant and machinery installed after 1 January 1958, by complying with proviso (b) to section 10(2)(vib) of the Income‑Tax Act, 1922. The Allahabad High Court had held in favour of …
Sheshrao Bagde, a senior geologist with a B.Sc. and M.Sc. in Geology, applied for direct recruitment as Deputy Director in 1983 but was rejected for lacking ten years of practical experience after his postgraduate degree. He was later promoted to Deputy Director in 1986 under Rule 3(1)(a) …
Ashok Kumar was charged with murdering his sister‑in‑law, Asha Rani, by burning her to death in a dowry‑related dispute. The trial court acquitted him, finding no motive, contradictions in medical testimony, and a defective investigation. The Rajasthan High Court, invoking Sections 378 and 386 of …
The Nagri Praccharini Sabha, a society registered under the Societies Registration Act, 1860, was sued by five of its members in a civil court challenging the election of its managing committee and seeking rendition of its accounts. The society contended that Sections 23 and 25 of the Act barred the …
Contract workers employed by Tata Iron and Steel Company, Jamshedpur, performed permanent and regular tasks before 11‑Feb‑1981 and sought permanent employment with the principal employer. The Bihar Government referred the dispute to the Industrial Tribunal under s.10 of the Industrial Disputes Act. …
The State of Andhra Pradesh entered into a contract with contractor R.V. Rayanim for constructing an earth dam. A dispute led to arbitration, where the arbitrator issued a non‑speaking award of Rs.19.39 lakhs in favour of the contractor, mentioning consideration of escalation damages but not …
K.M. Sharma filed a writ petition challenging the appointment of Shri Devi Lal as Deputy Prime Minister, contending that the oath he took was not the one prescribed by Article 75(4) and Schedule III of the Constitution and that he was still serving as Chief Minister of Haryana when the oath was …
