Created by Fuzzy Cloud | Our 2nd AI-Powered Solution
95 judgments · newest first · showing 1–95
Baliram Prasad appealed against the appointment of respondent No. 7 as Extra Department Branch Post Master, alleging that he was more meritorious. The Central Administrative Tribunal dismissed his petition on two grounds: the application was filed after the one‑year limitation period and the …
Umrah Khatoon filed a suit claiming an easement right to discharge drain water over the land of Md. Zafir Khan. The trial court decreed in her favour and the first appellate court affirmed the decree. The High Court reversed, holding the suit non‑maintainable because the plaint also asserted title …
The Supreme Court examined complaints lodged before the Andhra Pradesh Lokayukta against several officials—chief executive officer of a state cooperative union, a business manager of a handloom cooperative, a clerk of a wool cooperative, and a divisional manager and doctor of the State Road …
The Supreme Court examined a suit filed by three brothers challenging a 1959 sale deed by their father, the Karta of a Mitakshara joint Hindu family, which conveyed an ancestral house to the defendants. The plaintiffs argued the father lacked authority to alienate their undivided 3/4 share and that …
The Recovery Officer, under the Uttar Pradesh Co-operative Societies Act, 1965, initiated recovery proceedings under Section 91 to attach and sell the lands of members who had defaulted on loans taken for seeds and manure. The members contended that the statutory charge created by Section 39(a) …
Munishwar Dutt Pandey, the senior-most lecturer, was appointed ad hoc Principal of Brijendra Mani Inter College on 1 July 1988 after the previous principal retired. The college’s managing committee later ratified this appointment on 29 October 1988. When the Uttar Pradesh Secondary Education …
The plaintiff, Shri Kusumanchi Kameshwara Rao, sued New India Assurance Co. Ltd. (the appellant) and a partner (defendant No.2) for Rs 1,25,000, alleging that a surety bond executed by the insurer on 26 April 1971 guaranteed payment of that amount if the partner failed to meet obligations arising …
The Committee of Management of Vasanta College for Women appointed T.N. Tripathi as a lecturer on an ad‑hoc basis despite his lack of a Ph.D., relying on a selection committee that lacked two external experts. His ad‑hoc appointment was extended once but not thereafter, and he failed to obtain the …
Ram Das, a minor when his father died, sought partition of his undivided half share in ancestral property. The defendant uncle claimed that Ram Das had been adopted by his stepfather before his mother's remarriage, that a partition had already occurred during his father's lifetime, and that the …
Savaliram Gotiram Teli was a tenant of agricultural land on the appointed day of 15 June 1955. He was dispossessed by the landlords before 1 April 1957 without a Section 29 order and died in 1959. The Mamlatdar initiated suo motu proceedings under Section 32(1‑B) of the Bombay Tenancy and …
Shantinath Ramu Danole and his mother Housabai (deceased) sued Jambu Ramu Danole for partition of ancestral land, claiming a two‑thirds share as the legitimate son and widow of Ramubabu Danole. The defendant denied that Housabai was ever married to Ramubabu and claimed sole ownership. The trial …
Three senior lecturers (Dr. Mahak Singh, Dr. S.P. Singh and Dr. Rajvir Singh) of a college affiliated to Meerut University contested who should be appointed Acting Principal after the principal’s vacancy in October 1993. All were senior lecturers drawing the same salary, but their dates of promotion …
The State of Uttar Pradesh challenged a decision that excluded lands covered by agreements to sell, but not yet transferred by sale deed, from the holding of a tenure‑holder for purposes of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. The tenure‑holder argued that having …
The appellant, Pilibhit Electric Supply Co., held a licence to generate electricity which was revoked and its undertaking was taken over by the Uttar Pradesh State Electricity Board on 1 December 1975. The Special Officer, under Section 7‑A of the Indian Electricity Act (as amended by U.P. Act 14 of …
Basappa filed a divorce petition under Section 13(1)(i‑b) of the Hindu Marriage Act and obtained an ex‑parte decree on 15‑12‑1989. Basappa died on 26‑05‑1990; the wife, Shantavva, claimed she only learned of the decree on 31‑03‑1990 and was not properly served, filing an application under Order IX …
The widow Smt. Phoola was allotted land in 1932 as part of a family compromise for her maintenance and her name was entered in revenue records. She later sold the land in 1956 to the respondents, but other members of the Hindu Undivided Family challenged the sale, claiming she only held a limited …
The respondents filed a suit for partition and mesne profits, and the appellant claimed he was a tenant under a 1969 lease deed. The Tenancy Tribunal, the Kerala High Court and the Supreme Court (via special leave) held that he was not a tenant because Section 74 of the Kerala Land Reforms Act …
Bai Lachhmu, the daughter of Bali Ram, filed a suit to enforce her half‑share in agricultural lands under her father's will against her step‑mother Bai Utti. The parties compromised in 1947, whereby Utti acknowledged Lachhmu's title and was allowed to retain possession of the disputed half during …
The appellants, co‑sharers of a parcel of land in the town of Hajipur, sought a re‑transfer of the land that had been sold to a third party under a registered deed. They invoked Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, which allows …
The case concerned a residential dwelling house owned by an undivided family. After a partition suit, the widow of a deceased co‑owner obtained a final decree for her one‑third share and later gifted that share to her brother, a stranger to the family, who filed an execution petition. During …
Molly Joseph sought a declaration that her marriage to George Sebastian was void on the ground that a prior marriage to Prince Joseph was still subsisting, despite an alleged annulment by an Ecclesiastical Tribunal. The husband contested, arguing that the earlier marriage remained valid and that …
The respondent, a brick‑kiln owner, challenged a notification by the Mathura Cantonment Board that raised the tax on bricks from 0.19p to 0.75p per thousand, arguing that the Board derived no benefit and that the tax violated Section 60 of the Cantonments Act, 1924, the U.P. Municipalities Act, 1916 …
The suit land was mortgaged in 1896 and a decree for redemption was finally passed in 1960. During execution proceedings the mortgagor deposited the mortgage money and value of improvements on 14 March 1969, after which the mortgagee's right to possession ceased. The appellants argued that Section …
Mafatlal Industries Ltd (the transferee) sought to amalgamate with Mafatlal Fine Spinning and Manufacturing Co Ltd (the transferor) under a scheme of arrangement approved by a meeting of equity shareholders. The appellant, Miheer H. Mafatlal, a 5% shareholder and director of the transferor, objected …
Hindustan Steelworks Construction Ltd., a government company registered as a principal employer under the Contract Labour (Regulation and Abolition) Act, 1970, engaged M/s Investigation and Security Services India Pvt. Ltd. as a licensed contractor to supply security staff. The contractor paid the …
The respondents, children of a deceased pakka tenant, sued to declare a 1960 sale deed executed by their mother invalid, alleging that her remarriage in 1958 forfeited her tenancy rights under the Madhya Bharat Land Revenue and Tenancy Act. The trial court, appellate court and High Court held that …
The plaintiffs, sons of Gulab Singh, claimed a two‑thirds share in ancestral land and filed a suit in 1962 which was later allowed on appeal. They filed another suit in 1964 for possession, which they withdrew in 1971 with liberty to file a fresh suit. In 1990 they instituted a fresh suit, but the …
The appellant's grandfather bought a house in the appellant's name but later sold it to the appellant's step‑mother. The appellant sued for a permanent injunction to prevent his father and step‑mother from interfering with his possession, but the suit and subsequent appeals were dismissed. On …
Mrs. Judith Fernandes and others leased land containing coconut trees to Conceicao Antonio Fernandes and others for six years. After the lease expired, the plaintiffs filed an eviction suit on 10 October 1973, before the Fifth Amendment to the Goa, Daman and Diu Agricultural Tenancy Act, 1964 came …
The land in dispute was transferred to the appellant in 1980, after which the respondent filed a suit for pre-emption that was decreed on 27 August 1983. The decree was affirmed by the court of appeal and a second appeal was dismissed by the High Court on 5 April 1984, making the decree final. When …
The owner of a bus (appellant) had insured the vehicle with Oriental Fire and General Insurance Co. A fatal accident occurred when the bus, driven by a cleaner without a licence who had been permitted by the regular driver, struck a scooter, killing Dr. P. Ramachandra Reddy. The claimants (heirs of …
Rani Devi and Anguri Devi, widows of Apprentice Canal Patwaris who died while in service, filed writ petitions seeking appointment to class‑IV posts on compassionate grounds. The Punjab & Haryana High Court directed the State of Haryana to appoint them, but the State appealed. The Supreme Court held …
The appellant was injured in a road accident on 4 December 1990 and filed a claim petition for compensation before the Additional Motor Accident Claims Tribunal on 7 December 1991, seeking condonation of a four‑day delay. The Tribunal condoned the delay, but the High Court set aside that order, …
Gujarat University prescribed a rule for admission to its limited super‑speciality (M.Ch./D.M.) courses giving first preference to its own graduates, second preference to other Gujarat‑state university graduates, and leaving any remaining vacancies unfilled. Rajiv G. Bhatt, not a Gujarat University …
The appellant Deokali challenged the validity of a will executed by her father Shivnarayan on 2 May 1972, which bequeathed all his movable and immovable property to the three grandsons (sons of her elder sister Ramkali). She alleged six suspicious circumstances: the first page lacked signatures and …
Comorin Match Industries (Pvt.) Ltd. challenged Central Sales Tax assessments for the years 1957-58 to 1965-66 on the ground that the tax was levied on turnover that included excise duty, which the Madras High Court had held to be illegal. The High Court quashed the assessments, but the State of …
The State of Maharashtra appealed to the Supreme Court against a Bombay High Court order that dropped contempt proceedings initiated against respondents in a customs refund dispute. The respondents had filed a writ seeking refund of duty, which the Customs Department alleged was obtained on the …
The respondent, Mis. Jesus Sales Corporation, was licensed to import brass scrap under a duty‑exemption scheme and was required to export a specified quantity. A show‑cause notice under Section 4‑M of the Imports and Exports (Control) Act, 1947 led to a penalty of Rs 6 lakh. The respondent appealed …
A landlord and tenant dispute was taken to an executive magistrate under Section 144 of the CrPC, after which the landlord filed a writ petition under Article 226 of the Constitution in the High Court. The High Court, without notice or hearing, ordered the police to ensure the landlord’s ingress and …
Mohd. Aslam filed a writ petition under Article 32 seeking reconsideration of the Supreme Court's judgment in Manohar Joshi v. Nitin Bhaurao Patil, alleging it was incorrect. The Court held that Article 32 cannot be invoked to challenge the correctness of a decision on its merits or to obtain its …
The Uttar Pradesh Government issued a Gazette notification under Section 4‑A of the U.P. Sales Tax Act, 1948, granting a three‑year sales‑tax exemption to certain newly set‑up industrial units for specified goods. Hindustan Safety Glass Works (P) Ltd claimed that, under the pre‑amendment provision …
The appellants, who had acquired a lease of a plot from the Nagpur Improvement Trust, failed to commence and complete construction within the time limits stipulated in the lease, leading to cancellation of the allotment. The Trust put the plot up for auction; the respondent was the highest bidder up …
Mohan (appellant) claimed title to a property he had purchased from Bhiwa, who had earlier gifted the same land to the respondents. The respondents filed suit for declaration of title and possession. The trial court allowed attachment of the property, but the appellant challenged this in a separate …
The case concerned whether a civil court could entertain a suit to determine title under the Tamil Nadu Minor Inam (Abolition and Conversion into Ryotwari) Act, 1963. The trial court had decreed in favour of the respondents, but the first appellate court set aside the decree on the ground that the …
Ajit Singh and his co‑accused Rajpal were convicted for robbery (IPC 392) and for robbery with a weapon (IPC 397) and dacoity (IPC 394) arising from an incident on 12 April 1990 in which they attempted to stop a scooter, seized valuables and later Ajit fired a pistol after the victim struck him with …
The Supreme Court examined the allotment of shops in a new marketing complex by the New Delhi Municipal Committee (NDMC) to long‑standing roadside stall‑holders on a concessional licence fee and with relaxed trade‑zoning restrictions, while other traders obtained shops at higher fees and with strict …
The appellants filed a writ petition under Articles 226 and 227 of the Constitution challenging an order of the Additional Director, Consolidation of Holdings, Punjab, relating to land allocation under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. During the …
Manohar Joshi, the BJP‑Shiv Sena candidate, was elected from Dadar in 1990. Bhaurao Patil filed an election petition alleging corrupt practices under sections 123(3) and 123(3A) of the Representation of the People Act, relying on Joshi's speeches, those of party leaders and audio‑video cassettes. …
The appellant, ChandraKanta Goyal, a BJP candidate, was declared elected to the Maharashtra Legislative Assembly from Matunga in 1990. The respondent, S.S.J.S. Kohli of Janata Dal, filed an election petition alleging that the appellant committed corrupt practices under Sections 123(3) and 123(3A) of …
The respondents filed a writ petition in the Jammu & Kashmir High Court seeking a direction that Bharat Coking Coal Ltd. release coal for which they had paid, alleging that the deposited money had been attached by the Income Tax Department. The High Court issued an ex parte interim order on 27 …
Santush Kumar Nayak was admitted with severe burns and, on his deathbed, gave a dying declaration to Dr. P.K. Sahu that his brother‑in‑law Bansidhar Singh had poured kerosene on him. The police initially registered a case under Section 309 IPC (attempted suicide) based on an FIR from the …
Janata Dal (Samajwadi) was recognised as a national party on 16 April 1991. After the Lok Sabha and several state assembly elections held between April and June 1991, the Election Commission found that the party no longer satisfied the criteria in paragraph 6(2) of the Election Symbols (Reservation …
The Management of Nilpur Tea Estate terminated the services of an employee on 1 February 1982 following a charge-sheet and domestic enquiry. The Labour Court set aside that termination and ordered reinstatement, a decision upheld by the High Court. While the reinstatement was pending, the employer …
The Department of Space (Union of India) sought land in Tamil Nadu for a rocket‑launching station under a notification issued pursuant to Article 258(1) of the Constitution. After the Land Acquisition Officers awarded compensation, owners obtained a reference under Section 18 of the Land Acquisition …
The appellant, Sanjay Dutt, was charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Arms Act, 1959 for the Bombay bomb blast. His bail application was rejected by the Designated Court. Following the Supreme Court’s direction in Kartar Singh v. State of Punjab, …
The Delhi Development Authority (DDA) invited tenders for steel bars and accepted a tender from J.K. Jain and others for 10,000 metric tonnes. The parties executed a formal agreement that incorporated the tender form and expressly stated that the terms and conditions of the tender form would be …
The plaintiffs, the first wife Kashi Bai and her daughter Sunita, sued for a half share in the property of their deceased husband Lachiram, alleging he was the sole owner at his death. The defendants, the second wife Parwati Bai, her daughter Meena and grandson Purshottam, contended that Lachiram …
The Sri Kari Varadaraja Perumal Temple held a devadayan religious inam of 19.58 acres, granted permanently and confirmed by a title deed in 1863. After the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 abolished minor inams, both the temple and the appellants applied for …
The State of Maharashtra owned a jeep that was officially used to transport employees after office hours. The authorized driver, who was intoxicated, permitted a clerk (respondent No. 4) to drive the vehicle, resulting in a collision that killed Vijay Singh. The claimants sought compensation under …
The plaintiffs filed a title suit seeking declaration of ownership and possession of certain plots. The trial court decreed in their favour, but the High Court dismissed the suit on the ground that the plaintiffs failed to prove possession within the 12‑year period prescribed by Article 142 of the …
The case concerned acquisition of about 527 acres of land in Bhagualong and surrounding villages for a cantonment. The Land Acquisition Officer initially awarded Rs 22,000 per acre for nehrri and chahi land, which was later enhanced by the Additional District Judge to Rs 36,000 and by the High Court …
The Supreme Court examined appeals by landowners whose 881 acres were acquired under the Land Acquisition Act, 1894 for municipal development. After a series of assessments by the acquisition officer, district judge, single judge and a division bench, the claimants sought further enhancement of …
Twenty-six packages of utensils were seized by a Uttar Pradesh sales tax officer because they were being transported without the required documents. The railway argued that the goods were moving from a railway godown to a city booking agency, which it claimed was part of the "Railway" under the …
The appellants, part‑time vocational teachers appointed under Karnataka's vocational education scheme since 1977‑78, sought regularisation and equal pay with non‑vocational teachers, invoking the principle of "equal pay for equal work" and alleging violation of Articles 14 and 16. The State argued …
The State of West Bengal and the Calcutta Municipal Corporation appealed against a Calcutta High Court decision that held the Calcutta Municipal Corporation (Amendment) Act, 1990 unconstitutional for imposing a one‑year ban on applications for high‑rise building plans. The Act introduced Section …
Mis Moorco (India) Ltd., a manufacturer of volumetric displacement type flow meters, imported components and accessories for use in its meters. The Assistant Collector classified the accessories under tariff heading 90.26, a general heading, relying on clause (c) of Rule 3 of the General Rules for …
M/s A.H. Jaffar and Sons applied for a bauxite mining lease in Goa, but the application was not disposed of within the 12‑month period prescribed by Rule 11 of the Mineral Concession Rules and was deemed rejected. The respondents filed a revision under Section 30 of the Mines and Minerals Regulation …
The plaintiff claimed possession of land leased to him in 1949, which was registered in 1950 after the Madhya Pradesh Abolition of Proprietary Rights Act vested the land in the State. The appellant argued that the lease was void under Section 6 of that Act and that he had acquired title by adverse …
Dr. Arundhati Pargaonkar was appointed on a purely temporary basis in 1978 to the permanent Class‑II post of Lecturer in Dentistry at B.J. Medical College, Pune. She served continuously for nine years and claimed that, under the State Government's 19 September 1975 Temporary Government Services …
The State of Maharashtra appealed against the Bombay High Court’s interim order directing the Education Officer to admit 112 girls to a Diploma in Education programme at a Christian minority institution, exceeding the sanctioned strength of 80. The Supreme Court examined whether the High Court was …
Sanjay Dutt, accused in the Bombay blast case, was arrested under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) for possession of unauthorised arms. The charge‑sheet was filed after the statutory period of 180 days, and the petitioner sought bail on the grounds that mere …
The appellant, Tarseem Kumar, was charged under Section 302 IPC for the murder of Gulshan Rai. The prosecution's case relied entirely on circumstantial evidence, including the appellant's alleged exclusive possession of rooms where the body was found, blood‑stained clothes recovered after his …
Mukesh Bhai Patel was appointed temporarily to a Group C post on 21 May 1977 and was removed on 13 April 1987. He challenged his removal before an administrative tribunal, which dismissed his petition. He appealed to the Supreme Court, contending that a Union circular dated 8 June 1984 mandated …
The Motor Transport Workers' Cooperative Society Ltd. obtained a stage‑carriage permit under Section 58 of the Motor Vehicles Act, 1939 for three years (Dec 23, 1987 – Dec 22, 1990). The Motor Vehicles Act, 1988 came into force on July 1, 1989 and the Society applied for renewal on Jan 4, 1991. The …
The Supreme Court examined whether medical representatives employed by Sandoz (India) Ltd. qualified as "workmen" under Section 2(s) of the Industrial Disputes Act, 1947 and the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. The Court held that the work of …
The Action Committee on Issue of Caste Certificate filed a writ petition under Article 32 challenging Maharashtra's denial of Scheduled Caste and Scheduled Tribe benefits to persons who had migrated from other states. The petition argued that the denial violated Articles 14, 15(1), 16(2), 19 and the …
The Employees State Insurance Corporation (ESIC) issued a resolution on 28 February 1976 delegating its power under Section 85‑B of the Employees State Insurance Act, 1948 to levy damages, to the Director General and authorising him to further delegate that power to any officer. The Director General …
The petitioners, owners of coking coal mines, claimed that the Central Government, as custodian, had failed to credit them for the value of coke stock lying in the mines on the date immediately before the appointed day of nationalisation, and sought compensation under the Coking Coal Mines …
The Supreme Court allowed a civil appeal by the mother, sister and brothers of Abdul Rehman, a 20‑year‑old college student who was killed when a municipal truck hit his bicycle. The Motor Accident Claims Tribunal and the Allahabad High Court had dismissed the claim for compensation, relying on the …
The Kerala Government, invoking the Kerala Cashew Factories (Acquisition) Act, 1974, issued a common notice to 36 cashew factories stating they were closed and would cause large‑scale unemployment, and subsequently declared the factories transferred to the State. The owners, who were also occupiers, …
The Supreme Court examined two Special Leave Petitions challenging a State Government's instruction that allowed compassionate appointments in a Class II post to a dependent of a deceased employee. The Court held that compassionate employment is a humanitarian measure intended solely to relieve the …
The police and customs officials recovered 101 silver ingots worth over Rs. 18 lakh from the appellant's wadi, which lay within the 50‑km specified area and the ingots were notified as specified goods. The appellant admitted the recovery but claimed he did not know how the ingots came to be there …
The petitioners, appointed as Pharmacists Grade‑B in the Northern Railway Central Hospital, were placed in the higher pay scale of Rs 330‑560 despite being qualified only under clause (d) of Section 31 of the Pharmacy Act, 1948, which entitled them to the lower scale of Rs 330‑480. In 1984 they were …
The case concerned promotion to the post of Superintendent in the Himachal Pradesh High Court. Two parallel streams of posts – Deputy Superintendents/Revisors and Senior Assistants/Translators – were governed by Rule 10 of the 1992 Recruitment (Conditions of Service) Rules, which required a minimum …
The Union of India appealed against two orders of the Central Administrative Tribunal that had allowed the challenges of cadre allocations made to two Indian Police Service probationers who had been granted exemption from training. Rahul Rasgotra, selected in 1988, was allotted a joint …
The Supreme Court examined whether the Uttar Pradesh rules granting special seniority to demobilised officers commissioned during national emergencies (Nov 1962‑Jan 1968 and after Dec 1971) while excluding those commissioned between Jan 1968 and Dec 1971 violated Article 14. The respondent, a former …
The petitioner, a widow of a Major in the Indian Army, sought Special Family Pension, Children Allowance and monetary compensation after her husband died in mysterious circumstances involving extensive burns. The authorities denied her claim, stating the death was not attributable to military …
The State of Punjab appealed against a Punjab High Court order that admitted Renuka Singla to a vacant B.D.S. seat on "compassionate ground" and created an additional seat for Savita Gera, both claiming reservation for backward areas. Renuka had not claimed reservation in her original application …
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 State of Haryana prosecuted Manoj Kumar for the death of Chetan, alleging that Kumar repeatedly pursued the brothers on a motorcycle and deliberately ran Chetan over with his car, causing fatal injuries. The sole eye‑witness, Rohan, the victim’s brother, testified to the entire sequence of …
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 …
The appellant, a tenant, was required under Section 39 of the U.P. (Urban Building Regulation of Letting Rent and Eviction) Act, 1972 to deposit arrears, interest and costs within one month to avoid eviction. He deposited Rs 1,944 instead of the required Rs 2,048 due to a calculation error, leaving …
The State prosecuted Raghubir Singh, then aged about 16, for raping an 8‑year‑old girl. The victim, her father and sister testified, and a medical doctor confirmed injuries consistent with sexual intercourse. The trial court convicted the accused under S.376 IPC and sentenced him to five years' …
The University of Rajasthan advertised ten Assistant Professor posts requiring a doctorate or equivalent research and a second‑class master's degree. Six candidates were appointed from the general category, but most lacked a doctorate at the application deadline, and the university relaxed …
