M PANCHAL

The respondent, a Speech Therapist/Audiologist appointed in the non‑executive S‑6 grade at Durgapur Steel Plant, sought parity in pay and cadre with a senior employee (B.V. Prabhakar) holding an executive E‑1 grade at Rourkela Steel Plant. The company rejected the claim, citing its personnel manual which allows each pl…

NTPC Ltd., a government‑owned power generator, supplied electricity to Madhya Pradesh, Punjab and Delhi electricity boards and later sought a tariff determination from the Central Electricity Regulatory Commission (CERC). CERC fixed a final tariff lower than the provisional tariff, finding that NTPC had collected exces…

The State of Madhya Pradesh sought to abandon land acquisition of 284.03 hectares in five villages, prompting Narmada Bachao Andolan (NBA) to argue that the abandonment order was void because the land had already been taken into possession. The Supreme Court, after a spot inspection ordered by it, found that the tenure…

Jamal Uddin, a Scheduled Tribe candidate born on 31‑01‑1965, applied for a regular Munsif post in Jammu & Kashmir after serving as an adhoc Munsif. The 2002 Public Service Commission notification required candidates to be not more than 35 years old as of 1 January of the examination year, and his application was reject…

The appellant Union of India alleged that Major Rabinder Singh, while commanding the 6 Armoured Regiment, fraudulently countersigned bills to claim Rs.77,692 for vehicle modifications that were never carried out, resulting in wrongful loss to the Army. A Court of Inquiry and a General Court Martial found him guilty und…

The respondent, originally commissioned in the Regiment of Artillery, permanently transferred to the Army Aviation Corps in 1998. He later complained that his name was not considered for promotion to Major General, despite being the senior-most Brigadier in the Corps, and the complaint was rejected on the ground that n…

The appellant, a former President of the BCCI, challenged an amendment to Clause 6.2.4 of the BCCI's Regulations that exempted IPL, Champions League and Twenty‑20 events from the ban on administrators having commercial interests. He argued that the amendment was made to benefit the second respondent, who as a BCCI offi…

The Supreme Court considered whether two sister private companies, L.N. Gadodia & Sons and Delhi Farming & Construction Pvt. Ltd., should be treated as a single establishment under the Employees Provident Funds and Miscellaneous Provisions Act, 1952. Both firms shared common directors, a managing director, senior manag…

The petitioner, a member of the BCCI, was suspended and faced disciplinary action after a complaint of breach of confidentiality. He objected to the composition of the three‑member Disciplinary Committee, arguing that the President’s recusal required either waiting for a new President or appointing members acceptable t…

The Supreme Court examined the seniority of three appellants and the first respondent appointed as computer operators in the Andhra Pradesh High Court. The first respondent possessed the required post‑graduate diploma at the time of the written test, whereas the appellants did not and were appointed on a temporary, adh…

The Supreme Court Bar Association (SCBA) amended its Rule 18 to introduce a "One Bar One Vote" principle, restricting voting rights to advocates who regularly practice before the Supreme Court. Two SCBA members, B.D. Kaushik and A.K. Manchanda, challenged the amendment and obtained an interim injunction restraining its…

The appellant, Narmada Bachao Andolan, challenged the amendment dated 7 June 1991 to Clause 5.1 of the 1991 Resettlement and Rehabilitation (R&R) Policy for the Upper Beda dam project in Madhya Pradesh, alleging it was ultra vires, arbitrary and violated the right of oustees to land in lieu of acquisition. The petition…

On 15 September 1997 three accused—Md. Mizazul Haq, Abbas Ahmad Choudhary and an absconding Ranju Das—kidnapped, gagged and raped a girl aged about 13‑15 years. The trial court convicted both appellants under Sections 376 and 336 of the Indian Penal Code, a decision upheld by the Gauhati High Court. On appeal before th…

The Supreme Court examined whether a candidate from Rajouri could contest a Legislative Council seat reserved for a resident of Poonch District under the Jammu & Kashmir Constitution. The election was held after the Returning Officer accepted the Rajouri candidate’s nomination, despite an objection that he was ineligib…

The appellant, Sadhwi Pragnya Singh Thakur, was alleged to have been arrested on 10 October 2008 in connection with the Malegaon bomb blast and claimed that she was not produced before a magistrate within 24 hours, violating Article 22(1) and 22(2) of the Constitution, and that the charge‑sheet was filed after the 90‑d…

The appellant, a Basic Health Worker, was merged into the Multipurpose Health Assistant cadre by G.O.M. No. 85 (21‑01‑1978) but lacked the essential Sanitary Inspector Training Course (SITC) certificate required for that post. The State Administrative Tribunal, in earlier decisions (R.P. No. 2860/1987 and O.A. No. 5410…

The appellant, Dharmabir, was convicted of murder and attempted murder committed in August 1991 when he was 16 years, 9 months old. At the time of the offences the Juvenile Justice Act, 1986 did not deem him a juvenile, but the Juvenile Justice (Care and Protection of Children) Act, 2000, which defines a juvenile as a …

The Supreme Court examined contempt proceedings initiated suo motu by the Allahabad High Court against police personnel accused of illegally detaining a man whose whereabouts were unknown. The High Court had presumed the detainee dead under Section 108 of the Evidence Act, despite only 4½ years having elapsed, and conv…

Narata Singh, a former work‑charged employee of various Punjab State departments (Irrigation & Power, Bhakra Dam, Beas Dam) from 1952 to 1978, was retrenched and later joined the Punjab State Electricity Board (PSEB) as a work‑charged employee in 1982, regularised in 1984 and retired in 1990. He sought to have his earl…

Govind Singh, a former Social Security Minister, resigned on 12 January 2002 and filed his nomination as an independent candidate on 23 January 2002. He was elected MLA from the Sherpur (SC) constituency on 13 February 2002. The defeated candidate, Harchand Kaur, filed an election petition alleging that Singh had indul…

The Supreme Court heard an appeal against the Madras High Court's approval of amended bye‑laws of the Madras High Court Advocates' Association, which had been made while removal suits against the President and Secretary were pending. The appellant challenged the High Court's jurisdiction to interfere in the Association…

The case concerned promotion of Section Officers/Junior Engineers to the post of Assistant Engineer in the Pondicherry Public Works Department under the 1965 Recruitment Rules. The Supreme Court examined whether its earlier decision in N. Suresh Nathan & Ors. v. Union of India bound courts on the method of considering …

The case arose from a violent incident in which the nephew of a first informant, Rajesh, was shot dead and others injured after a dispute over goods. The appellant, Daya Kishan, was convicted under Sections 302, 307, 323 and 148 read with Section 149 of the IPC, the first conviction being based on alleged participation…

The appellant Shaukat and his father Sabbir were charged with killing Wilayat and injuring Rahmat over a dispute about digging earth from a village pond. The trial court convicted Shaukat under Sections 302 and 307 IPC; the High Court reduced the conviction to Section 304(Part I) and 308 IPC, invoking Exception 4 to Se…

The respondent, a temporary assistant teacher appointed under the Scheduled Tribes quota, had his tribe certificate invalidated by the Scheduled Tribe Caste Scrutiny Committee, leading to termination of his services. He later claimed Special Backward Class (SBC) status and sought reinstatement under a Government Resolu…

The appellant, a Sub‑Inspector, married a woman (the second wife) by concealing that he was already married, collected money from her family and threatened them. The second wife filed a complaint alleging offences under Sections 494, 495, 417, 420 and 498A IPC. The High Court quashed the complaint under Section 498A, h…

The Supreme Court examined the compensation payable for 162.5 acres of land acquired in 1990 under the Land Acquisition Act, 1894 for a housing project in Sonepat, Haryana. The Collector initially awarded Rs 2 lakh per acre, which was later enhanced by the reference court and the High Court using a belting method. The …

The petitioners, industrial units in the hill areas of Uttar Pradesh, claimed a 33.33% Hill Development Rebate on electricity charges granted under a 1996 notification issued pursuant to Section 49 of the Electricity (Supply) Act, 1948. Subsequent notifications reduced the rebate to 17% and finally withdrew it entirely…

The respondent, a Sheristadar in the Tamil Nadu State Judicial Ministerial Service, was transferred from Thoothukudi to Ramanathapuram on administrative grounds following a vigilance report and a district judge’s opinion that his retention was undesirable. He later claimed the transfer was punitive because it barred hi…

The case concerned the Bihar Municipal Act, 2007 and whether members of the Empowered Standing Committee (ESC) nominated by a Mayor must vacate when a new Mayor is elected after a no‑confidence motion. The appellant, newly elected Mayor Afjal Imam, sought to nominate his own seven councillors to the ESC, but the Distri…

The society Common Cause filed a public‑interest writ petition under Article 32 seeking directions to the Union Government to adopt its suggestions for curbing non‑performing assets (NPAs) and to convert the Serious Fraud Investigation Office (SFIO) into a statutory body with adequate powers. The Union Government conte…

The case arose from an arbitration award directing the Andaman and Nicobar Administration to pay a contractor a sum with interest. The Executive Engineer (appellant) wrote letters to the contractor seeking to adjust the award by having the contractor accept only the principal amount and waive interest, invoking Order X…

In the 2006 Assam Legislative Assembly election, polling station No.124 was initially set up at a non‑notified school and later shifted to the notified venue. The defeated candidate, Kalyan Kumar Gogoi, alleged that this change caused chaos, preventing 200‑300 voters from casting their votes and materially affected the…

The heirs of a deceased motor accident victim filed a claim under Section 166 of the Motor Vehicles Act for fault-based compensation and later filed a separate claim under Section 163A for no‑fault compensation. The Motor Accident Claims Tribunal awarded compensation under Section 163A and subsequently permitted the cl…

The Gyan Mandir Society was required to vacate its school at Tis January Lane after being allotted a new site at Sadiq Nagar. The teachers of the old school filed a writ petition seeking, among other reliefs, that the society absorb the teachers and students from the old school and provide free transportation for the s…

Senior Advocate Kapil Sibal contributed a message to a literary association's souvenir expressing concerns about the legal fraternity and criticizing certain judicial practices. The message was not released to the press and was circulated only among members, but excerpts were later published in the Times of India, lead…

The respondents were engaged as casual labourers in the Ordnance Factory Board from 1981 to 1983 and were disengaged because they were not recruited through the Employment Exchange as required then. They filed petitions before the Central Administrative Tribunal (CAT) seeking re‑engagement and regularisation, relying o…

The appellant Sudhir Kumar was convicted under Section 304B of the IPC for the dowry death of his wife, Kamlesh Rani, while his mother and other relatives were acquitted. The Supreme Court examined whether the presumption of dowry death under Section 113B of the Evidence Act was rebutted because four of the five accuse…

The case arose from a 1997 incident in which Ramji Tiwari, armed with a double‑barrel gun, shot and killed several persons after being urged by co‑accused. The trial court convicted Ramji under Section 302 IPC and sentenced him to death, while the other four accused were convicted under Section 302 read with Section 10…

The appellant, Santosh Kumari, widow of a murder victim, challenged the High Court's orders that set aside the trial court's charge and granted interim bail to the accused. The Supreme Court examined whether the charge, which listed only the relevant sections of the Ranbir Penal Code without a specific offence name, co…

Rangammal appealed against a decree that included her share of a property in a partition suit filed by her cousin Kuppuswami. The plaintiff relied on a sale deed dated 24‑02‑1951, allegedly executed by the appellant's de‑facto guardian while she was a minor, to claim title. The Supreme Court held that the burden of pro…

The appellant challenged the election of the respondent on the ground that the respondent had subsisting government contracts at the time of filing his nomination papers, which under Section 9A of the Representation of the People Act, 1951 renders a candidate disqualified. The dispute turned on the validity of the term…

The Supreme Court considered three appeals challenging the compulsory retirement of two Delhi Higher Judicial Service officers and one Delhi Judicial Service officer. The appellants argued that their cases could not be reconsidered before reaching the age of 55 after an earlier screening at age 50, that the Lt. Governo…

The appellant was convicted for the rape and murder of a five‑year‑old girl and for causing disappearance of evidence, based primarily on circumstantial evidence. The prosecution proved that the appellant was seen fleeing the scene, that blood‑stained clothes of the victim were recovered from his sister's house followi…

On 8 July 1987 the prosecutrix alleged that the appellant entered her house, assaulted her with three tangi blows and raped her, after which she snatched the weapon and injured him. Both parties were said to have become unconscious; the husband, son and a relative arrived, and an FIR was lodged. The trial court convict…

The Supreme Court heard appeals by the State of Madhya Pradesh and the Narmada Hydro Development Corporation challenging the High Court's interim orders in a public‑interest litigation filed by Narmada Bachao Andolan (NBA) concerning the Omkareshwar Dam. NBA sought land‑for‑land rehabilitation, inclusion of major sons …

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

The petitioner, son of a murdered Superintending Engineer, filed a transfer petition under Section 406 of the CrPC seeking to move the murder trial from Haridwar to Delhi, alleging that witnesses were being threatened by the accused's powerful gang and that the investigating and prosecuting agencies had failed to prote…

The appellants were elected as councillors of Bhor Municipal Council on the ticket of the NCP, later left the party and formed a new political front. Respondents filed a disqualification petition under the Maharashtra Local Authority Members Disqualification Act, 1986, alleging that the appellants had voluntarily given…

The case involved a night‑time shooting in which Deep Singh was killed and his wife Chhoti was injured; eight persons were alleged to have participated. The trial court convicted all seven surviving accused under Sections 302, 149 and 307 of the IPC. The Allahabad High Court acquitted four accused who had not caused an…

The petitioner, a judicial officer, challenged his compulsory retirement order issued under Rule 74(b)(ii) of the Jharkhand Civil Services Code, arguing that adverse entries in his Annual Confidential Reports (ACRs) were uncommunicated, had been "washed off" by subsequent promotion, and that the order lacked public‑int…

The appellant L.K. Trust claimed that a concluded contract existed between it and EDC Ltd. for the sale of a mortgaged hotel property, arguing that the mortgagor (Falcon Retreat Pvt. Ltd., respondent No.3) had lost its statutory right of redemption under Section 60 of the Transfer of Property Act. The Supreme Court hel…

The appellants Panney @ Pratap Narain Shukla and Channey @ Prabhu Narain Shukla were convicted for the murder of Shivdhari, who was killed by a bomb, a pistol shot and a neck cut during a land‑dispute. The trial court sentenced them to death, a decision affirmed by the High Court and upheld on appeal. In the Supreme Co…

The Tamil Nadu government enacted the Uniform System of School Education Act, 2010 to introduce a common syllabus and textbooks for all schools, which was upheld by the High Court and the Supreme Court after certain provisions were struck down. After a change of government in 2011, the new administration hurriedly pass…

The appellant was convicted under Section 324 IPC for an offence committed on 23 July 1986 and sentenced to six months' imprisonment. The Gujarat High Court upheld the conviction and rejected the appellant's application to compound the offence. After the conviction, the victims filed an affidavit expressing their willi…

The Rajasthan High Court had issued an interim order on 22 March 2001 staying the implementation of a Motor Accident Claims Tribunal award in favour of United India Insurance. The order was not complied with. Dinesh Kumar Gupta joined the High Court registry as Deputy Registrar (Judicial) only in January 2005, four yea…

The Nagaland Senior Government Employees Welfare Association challenged the Nagaland Retirement from Public Employment (Second Amendment) Act, 2009, which mandated retirement after 35 years of service or upon attaining age 60, whichever came first, alleging it was arbitrary, irrational and violative of Articles 14, 16 …

The appellant, an Instructor in Grade‑I of the Tamil Nadu Labour Welfare Board, challenged her transfer order and later faced discharge for not reporting for duty. She withdrew a writ petition after receiving an assurance of reinstatement, but was restored only in a Grade‑II post. She subsequently filed another writ pe…

The appellants were initially engaged as Voluntary Health Workers on a nominal honorarium and were later absorbed as Primary Health Workers by the Chief Medical Officer without following the prescribed recruitment procedure. After serving for about fifteen years, they were terminated on the ground that their original a…

The respondent, a former Munsif in the Bihar State Judicial Service, was dismissed, reinstated, and later suspended, after which he was posted as an Additional Munsif. He repeatedly sought promotion to higher judicial posts on the basis that his juniors had been promoted between 1971 and 1978, filing numerous writ peti…

The respondents, Rakesh Kumar Keshari and another, were appointed as Assistant District Government Counsel (Criminal) on contract and sought renewal of their terms after the District Judge and District Magistrate recommended it. The Uttar Pradesh State Government instead advertised the posts, later directed the Distric…

Narinder Kaur, a Civil Judge, applied within two years of her entry into government service to correct her date of birth from 26‑01‑1971 to 09‑01‑1972, citing the Punjab Financial Volume I (Haryana First Amendment) Rules, 2001 which allow correction upon a special inquiry. The High Court rejected her application, alleg…

The Uttar Pradesh Legal Remembrancer Manual was amended on 13 August 2008 to reduce the retirement age of District Government Counsels from 62 to 60 years and to dispense with the requirement of consulting the District Judge. The Allahabad High Court stayed the amendment and directed the State to renew the services of …

Vijay Kumar, the father of Ruchi Saxena, filed a complaint alleging that officials of the Nagar Palika demanded a bribe to settle a land dispute. Two officials were arrested and tried under the Prevention of Corruption Act, 1988. The accused sought to summon Ruchi Saxena as a court witness under Section 311 of the Code…

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

After the completion of the Indira Sagar and Omkareshwar dams, the Madhya Pradesh government initiated land acquisition for canal construction under the Land Acquisition Act, 1894. Medha Patkar and other petitioners challenged the acquisition, arguing that the Command Area Development (CAD) plans had not been submitted…

Mahesh Kumar Sharma, a Rajasthan District Court employee, underwent heart bypass surgery in Delhi and claimed full reimbursement of medical expenses from the State. The State, applying the Rajasthan Civil Services (Medical Attendance) Rules, 1970, reimbursed only Rs. 50,000 as permitted. The High Court, relying on Rule…

Mona Panwar, a Judicial Magistrate, ordered that an application filed under Section 156(3) of the CrPC alleging rape be registered as a complaint and directed the recording of the complainant's statement under Section 200. The Allahabad High Court Single Judge set aside that order, criticizing the magistrate's conduct …

The appellant, Joseph M. Puthussery, was elected to the Kerala Legislative Assembly in 2001. Respondent T.S. John filed an election petition alleging that the appellant committed a corrupt practice under s.123(4) of the Representation of the People Act by distributing a pamphlet (Ext. X4) containing false statements ab…

The appellants were convicted under Section 138 of the Negotiable Instruments Act in a summary trial before a Metropolitan Magistrate. After the magistrate recorded the substance of evidence, he was transferred and his successor proceeded with the trial relying on the recorded evidence, convicting the appellants. The a…

The appellant, elected Mayor of a municipal corporation under the Bihar Municipal Act, 2007, nominated seven municipal councillors to the Empowered Standing Committee. The dispute centered on whether the mayor and the committee members could exercise all powers of the mayor, and how Section 27 of the Act should be inte…

The State of Haryana issued a notification under Section 4 of the Land Acquisition Act, 1894 on 2 May 2001, followed by a declaration under Section 6 on 30 April 2002, and made an award under Section 11 on 27 April 2004, taking possession of the petitioners' land. The petitioners filed writ petitions in the High Court …

The appellant, a retired Additional Sessions Judge, was criticised by a High Court Single Judge for not framing a charge under Section 302 IPC in a murder trial, instead framing only Section 304 and 323 IPC without recording any reasons. The Supreme Court examined the interplay between Sections 227 and 228 of the CrPC,…