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190 judgments · newest first · showing 1–190
The petitioners, holders of long‑term licences to collect sal seeds from forest divisions in Orissa, challenged a 1982 State notification that they claimed rescinded their royalty contracts. The Supreme Court had earlier held that the 1981 Forest Produce Act and the notification did not apply to …
The case concerned a suit filed by Hari Shanker, a land holder under the United Provinces Tenancy Act, 1939, against his tenant Habib for sub‑letting the land to Ida for a period exceeding five years, contrary to Section 40 of the Act. The suit, instituted under Section 171, was decreed in favour of …
The Supreme Court examined whether an arbitrator, appointed without court intervention, could award interest for the period before the reference and for the pendente lite period of the arbitration. It held that an arbitrator is not a court within the meaning of CPC s.34 and therefore cannot award …
The case concerned the succession to the hereditary office of Sajadanashin of the Durgah Khawaja Saheb, Ajmer. The plaintiff claimed he was the nearest male heir under the rule of primogeniture, while the Durgah Committee argued that sections 13 and 21 of the Durgah Khawaja Saheb Act, 1955 gave it …
The petitioner, D. Misra, secured 470 marks in the written exam and 30 marks in the viva‑voce for the Probationary Munsif post, but was omitted from the select list prepared by the Orissa Public Service Commission. The Commission had introduced a rule requiring a minimum 30% score in the viva‑voce, …
The appellant obtained a money decree against the judgment debtor and secured attachment of the debtor's land. While the attachment was in force, the debtor sold part of the land to a third party, who subsequently sold it to the respondents. The execution petition was dismissed for default, but was …
The Osmania University Teachers Association challenged the Andhra Pradesh Commissionerate of Higher Education Act, 1986, alleging that it was a duplicate of the University Grants Commission Act and fell within the Union's exclusive legislative field under Entry 66 of List I. The State argued that …
General Electric Company (GEC) and Renusagar Power Company entered into a contract for equipment supply, which later gave rise to disputes referred to ICC arbitration. Renusagar filed a suit in the Bombay High Court seeking a declaration that the disputes were not arbitrable, while GEC applied for a …
The New Delhi Municipal Committee (NDMC) treated its non‑technical (ministerial) staff as a unified cadre, but granted higher Shiv Shankar Committee (SS) pay scales and ex‑gratia payments only to those posted in its electricity wing, citing the pattern followed by the Delhi Electricity Supply …
The appellant, Gulwant Kaur, was estranged from her husband Major General Gurbux Singh, who in a 1958 letter entrusted her with a parcel of land and a house as maintenance, promising a monthly allowance. The husband later sold the land to the respondent, Mohinder Singh, who sought an injunction …
Utkal Contractors & Joinery Pvt. Ltd. and others had licences to collect, purchase and sell sal seeds from Government forests in Orissa, with a stipulation to set up solvent extraction units. The State of Orissa issued a notification under the Orissa Forest Produce (Control of Trade) Act, 1981 in …
The State Bank of India merged its Grade‑I and Grade‑II officers into a new Junior Management Grade effective 1 October 1979 under an order made under s.43 of the State Bank of India Act. Probationary and trainee officers appointed on 30‑31 October 1979 claimed seniority over the erstwhile Grade‑II …
The Supreme Court examined applications by security agencies for exemption from the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981. The State Government had rejected all exemption requests, citing a policy that granting exemptions would not be in the interest of …
The petitioners challenged the Karnataka Land Reforms (Amendment) Act, 1974, which removed a landlord's right to resume tenanted land for personal cultivation, omitted protective provisions for certain classes, created tribunals with members of unspecified qualifications, and barred advocates from …
During World War II the Collector requisitioned 199.04 acres of land in Burdwan, West Bengal, for a military aerodrome. The claimants, heirs of the original patni holder, sought compensation for loss of the land, forest, minerals and structures. The High Court awarded Rs.2,00,000 as terminal …
The case concerned whether the Home Secretary of Haryana could act as the reporting authority for the Inspector General of Police (IGP) under the All‑India Services (Confidential Rolls) Rules, 1970. The respondent, IGP P.C. Wadhwa, challenged a confidential report and adverse remarks prepared by the …
The Supreme Court examined whether the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 applies to government establishments and whether it obliges any employer to recruit only candidates sponsored by employment exchanges. It held that government offices are "establishments in …
The petitioners, teachers in the Haryana Educational Service who joined as Basic Trained teachers and later obtained B.T. or B.Ed. qualifications, challenged a 1979 government order that limited their entitlement to the higher Masters pay scale. The High Court had held that only those who acquired …
The Union of India appealed against a Delhi High Court judgment that quashed notifications fixing maximum prices of bulk drugs and retail prices of formulations under the Drugs (Prices Control) Order, 1979, on the ground that the government had failed to observe natural justice. The Court examined …
The New Okhla Development Area Authority (NOIDA), constituted under the Uttar Pradesh Industrial Area Development Act, 1976, announced LIG‑EWS and MIG housing schemes and later reserved a percentage of houses for various categories, including land‑acquired persons, entrepreneurs, NOIDA employees, …
The State of Andhra Pradesh sought recovery of the excise‑duty component of the issue price for arrack that excise contractors failed to lift against their minimum guaranteed quantity. The contractors argued that excise duty, being a component of the issue price, could be severed and should not be …
The appellant, East India Coal Co. Ltd., owned several coking coal mines that were nationalised under the Coking Coal Mines (Nationalisation) Act, 1972. Respondents Nos. 1 and 2, who were raising contractors and selling agents for the unworked mines, installed machinery and claimed they were owners …
The State of Karnataka entered into agreements with private contractors that contained Clause 12, which stipulated that any damages for breach of conditions would be assessed by the State and could be recovered as arrears of land revenue under the Revenue Recovery Act. After a contractor was found …
Bachan Lal Kalgotra, chairman of the Action Committee of West‑Pakistani refugees, migrated to Jammu & Kashmir in 1947 and has lived there for about forty years. Although an Indian citizen, he is not a "permanent resident" under Section 6 of the Jammu & Kashmir Constitution and therefore is barred …
Chowgule & Co. Private Ltd. and V.S. Dempo & Co. imported second‑hand tankers that were converted into transhippers for topping‑up iron ore at Mormugao harbour. The Customs authorities demanded that the companies file Bills of Entry for the vessels, treating them as "goods for home consumption" …
Six defence production employees (promotees) challenged the Defence Production (Directorate of Production and Inspection, Naval) Group A and Group B Technical Post Recruitment Rules, 1976, specifically clauses 10 and 11, which allowed direct recruitment to fill vacancies and gave direct recruits …
The petitioners filed a public‑interest writ seeking to restrain the West Bengal Government from leasing four acres of Begumbari land, part of the Alipore Zoological Garden, to the Taj Group for a five‑star hotel, alleging ecological harm to migratory birds and violation of natural‑justice …
The State of Bihar challenged Ashok Industries for not paying market fees under the Bihar Agricultural Produce Markets Act, 1960, as amended in 1982. The amendment introduced two Explanations: one to the definition of "sale" in Section 2(P)(i) and another to the charging provision in Section 27, …
Premier Tyres Ltd. challenged a Customs, Excise and Gold Control Appellate Tribunal order on the sequence of applying three Central Excise notifications granting duty exemptions. The dispute centered on whether the 1977 notification (exempting duty equal to that paid on inputs) should be applied …
Abdul Latif Abdul Wahab Sheikh was acquitted of murder but was immediately placed under preventive detention under the Gujarat Prevention of Anti Social Activities Act, 1985. No Advisory Board existed at the time, and the statutory requirement to refer the case to the Board within three weeks was …
The petitioners, about 300 catering cleaners employed by contractors on the Southern Railway, alleged that they were paid meagre wages and denied statutory benefits, and sought a writ of mandamus under Article 32 to compel the abolition of the contract‑labour system and their regularisation as …
The petitioner, H.L. Bhandari, was detained under Section 3 of the National Security Act, 1980 on 25 September 1986 and served with the detention order on 29 September 1986. A habeas corpus petition was filed and the Bombay High Court stayed the detention, but the stay could not be served before the …
The Reserve Bank of India (RBI) challenged the Peerless General Finance & Investment Co.'s Endowment Certificate Scheme, alleging it fell within the definition of a "prize chit" under the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and was therefore prohibited. The scheme involved …
Charanjit Kaur, the wife of Dr. Jagjit Singh Chauhan, a self‑styled president of the National Council of Khalistan, visited Punjab in 1983‑84 and met known Sikh militant leaders. The Regional Passport Officer impounded her passport on 18 August 1984 under sections 10(3)(c) and 10(5) of the Passport …
The Supreme Court examined whether the Outline Development Plan (ODP) and its Zonal Regulations for Bangalore were validly published as required by Section 13(4) of the Mysore Town and Country Planning Act, 1961 and the 1965 Planning Authority Rules. The appellants argued that the ODP and …
The appellant, Daya Ram Tripathi, a physically handicapped candidate, cleared the 1982 Combined State Services Examination and was entitled to a reserved post in the Uttar Pradesh Provincial Civil Service (Executive Branch) under a 2% reservation policy announced by GO No. 43/90/66 dated 18 July …
The plaintiff, son of Ramamurty, claimed ownership of certain properties after the death of Veeraraju's widow, who had been granted a life interest under a 1937 Deed of Settlement that provided for reversion to Ramamurty or his heirs. The widow later executed a will bequeathing the properties to her …
The Union of India sought to recover tax arrears owed by an assessee company and was informed that the amount could be recovered from a debt the appellant, Kalyan Mills Ltd., owed to the assessee. Notices under Sections 46(2) and 46(5A) of the Income Tax Act were issued to the appellant, and the …
In a suit where the defendant failed to appear for his evidence despite multiple adjournments, the trial court closed the defendant's evidence and passed a decree ex parte. The defendant filed an application under Order 9 Rule 13 of the Civil Procedure Code to set aside the decree, claiming he …
The State of Tamil Nadu appealed against a Madras High Court order that had quashed a full land‑revenue assessment on lands granted to the Ahobila Matam, a Hindu religious institution. The lands were originally given as an inam by a Tanjore prince and were recorded as a religious endowment held …
The Frank Anthony Public School Employees Association filed a writ petition under Article 32 seeking equalisation of pay and service conditions with government schools and a declaration that Section 12 of the Delhi School Education Act, which exempted unaided minority schools from Chapters IV and V, …
The Karnataka State Transport Authority received 495 applications for 14 All‑India Tourist Vehicle permits. It initially granted 11 permits to the Karnataka State Tourism Development Corporation, one to the Indian Tourism Development Corporation and two to the Karnataka State Road Transport …
The case concerned the fixation of seniority among Assistants in the Intelligence Bureau, where various Office Memoranda (1940, 1949, 1959) had successively altered the basis for seniority. Petitioners (direct recruits of 1957) filed a writ in 1976 challenging seniority lists that placed earlier …
Panipat Woollen & General Mills Co. Ltd. had two textile mills that were placed under liquidation and closed in May 1972. The mills were listed as "sick textile undertakings" in the First Schedule of the Sick Textile Undertakings (Taking Over of Management) Act, 1972, causing their management to …
The petitioners, five accused including Simranjit Singh Mann, were arrested near the Indo‑Nepal border and charged with offences under the Indian Penal Code, while being detained under the National Security Act. They were granted bail under the proviso to Section 167(2) of the Criminal Procedure …
Miss Neelima Shangla, ranked 24th in the 1983‑84 Haryana Civil Service (Judicial) examination, claimed that despite 54 qualified candidates, the Haryana Public Service Commission (PSC) recommended only 26 names and withheld the full list from the Government, thereby denying her appointment. The …
Minerva Mills Ltd., a loss‑making textile undertaking, was investigated under s.15 of the Industries (Development and Regulation) Act, 1951. The Central Government, finding the mill’s management detrimental to public interest, ordered a takeover under s.18A of the same Act on 19 October 1971. …
The Allahabad University, through its Admissions Committee, resolved on 6 May 1986 to introduce an entrance test for admission to its degree courses in Arts, Science and Commerce. The resolution was challenged in the Allahabad High Court on the ground that the Committee lacked authority and that the …
The Kerala State Electricity Board (KSEB) revised its electricity tariffs in 1980, 1982 and 1984, which the consumers challenged on the ground that the Board exceeded its authority under Section 59 of the Electricity Supply Act, 1948 by fixing a price structure that generated a surplus beyond …
Three children belonging to the Jehovah's Witnesses sect were expelled from a Kerala school for refusing to sing the National Anthem, though they stood respectfully during its rendition. The petitioners claimed that compulsory singing violated their fundamental rights under Articles 19(1)(a) …
The petitioners were temporary Group IV employees appointed after April 1974 under a ban on direct recruitment. Special qualifying tests in 1973 and 1976 were held for regularisation, but the petitioners could not appear because they lacked the required two‑years service. The Government later …
Suraj Mal and another (appellants) claimed title to a Zamindari parcel sold by Sona Devi, arguing that the sale deed gave them a valid interest. The respondents, Sona Devi's minor sons, sued for declaration that their mother only had a life interest and that the sale was void, seeking possession. …
The appellant, an employee of Kisan Sahkari Chini Mills Ltd., was promoted to Commercial Officer on a one‑year probation which was later extended for another year, totalling the maximum two‑year probation allowed under the U.P. Cooperative Societies Employees Service Regulations, 1975. No …
The petition filed by B.K. Naik and 700 workmen sought a writ of mandamus directing the Central Government to declare that Natundihi Pahariabera Colliery had vested in it and to treat the petitioners as its employees with back wages under Section 14 of the Coal Mines (Nationalisation) Act, 1973. The …
The Andhra Pradesh Christian Medical Educational Society, a registered body, claimed the right under Article 30(1) of the Constitution to establish a Christian minority medical college. It had no land, funds, hospital or other infrastructure, yet admitted 60 students to a first‑year MBBS course …
The petitioners, private stage‑carriage operators, sought renewal of authorisations to ply over common sectors of routes that had been nationalised in the 1950s. Although a "practice" had developed allowing such operators to run over these sectors provided they did not pick up or set down …
General Radio & Appliances Co. Ltd., the original tenant of a premises in Secunderabad, merged with National Ekco Radio and Engineering Co. Ltd. under a court‑sanctioned scheme of amalgamation under Sections 391 and 394 of the Companies Act, 1956. The landlord, M.A. Khader, sought eviction on the …
The Municipal Corporation of Ahmedabad issued standing orders under Section 466(1)(D)(b) of the Bombay Provincial Municipal Corporation Act, 1949, closing the municipal slaughter house on seven specified days each year. Jan Mohammed Usmanbhai, a beef dealer, challenged the orders as an unreasonable …
The appellants, dealers in beef, challenged the Gujarat amendment to the Bombay Animal Preservation Act, 1954 that prohibited the issuance of slaughter certificates for bulls and bullocks below sixteen years of age. They argued that the ban unreasonably restricted their right to carry on trade under …
The petitioners challenged the constitutionality of Section 30(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, which exempts residential buildings where the rent exceeds Rs 400 from the Act’s protections. They argued that the classification based on rent and residential status …
The appellant, selected as a conductor for the Karnataka State Road Transport Corporation, was appointed to a temporary vacancy and worked for more than 240 days. He was terminated under Regulation 10(5) of the Karnataka Road Transport Corporation (Cadre & Recruitment) Regulations 1982 on the ground …
The monthly‑rated workmen of Indian Hume Pipe Co. challenged an Industrial Tribunal award that replaced their long‑standing slab system of dearness allowance (D.A.) with a revised textile scale, citing a notice of change under Section 9A of the Industrial Disputes Act, 1947. The Tribunal held the …
The Karnataka government invited applications for bottling arrack and, after receiving 131 applications, the Excise Commissioner recommended eight contractors, many of whom were not eligible under the Karnataka Excise (Bottling of Liquor) Rules. The State awarded the contracts despite the rules …
The S.G. Chemicals and Dyes Trading Employees' Union challenged the closure of the company’s Churchgate marketing and sales division, arguing that the closure violated section 25‑0 of the Industrial Disputes Act and amounted to an unfair labour practice under Item 9 of Schedule IV of the Maharashtra …
The Supreme Court examined whether an intra‑court appeal under clause 15 of the Bombay High Court's Letters Patent is available against a judgment of a Single Judge hearing a petition under Article 227 (or Article 226) of the Constitution. The Division Bench had dismissed the appeal on the basis of …
The Collector, acting under Section 11 of the Land Acquisition Act, 1894, awarded compensation for land acquired for the Central Warehousing Corporation. The landowners sought a reference under Section 18 to increase the award, while the Corporation sought a reference to reduce it. The Collector …
The appellant, Giradhari Lal & Sons, occupied premises as sub‑tenants of M/s Om Prakash & Co., which itself was the tenant of the landlord, Balbir Nath Mathur. The landlord obtained an ex parte eviction decree against the tenant, and the appellant sought protection under Sections 17 and 18 of the …
The case concerned the Indian Economic Service and Indian Statistical Service, where a large number of officers had been promoted to Grade IV posts on an ad‑hoc basis for 15‑20 years, contrary to the quota provisions of Rule 8 that required 75 % of vacancies to be filled by direct recruitment and at …
Filterco manufactures compressed woollen felt and, based on a 1971 letter from the Commissioner of Sales Tax, claimed exemption from tax under Entry 6 of Schedule I of the Madhya Pradesh General Sales Tax Act, 1958. In 1982 the Commissioner reversed this view, citing the Supreme Court’s Gujarat …
The appellants, dealers in agricultural produce operating in notified market areas of Haryana, challenged the Haryana Rural Development Fund Act, 1983 which imposed a 1% cess on the sale proceeds of agricultural produce and credited the amount to a state‑vested fund for rural development. They …
Monsanto Co. and its Indian subsidiary sued Coramandal Indag Products for alleged infringement of their patents covering herbicide formulations containing the active ingredient butachlor. The defendant argued that the patents should be revoked under Sections 64(e) and (f) of the Patents Act, 1970, …
The University of Delhi, a public educational institution, was bequeathed a building and sought to evict its tenants under Section 22(d) of the Delhi Rent Control Act, 1958, claiming the premises were needed to provide residential accommodation for its employees. The tenants contested the eviction, …
The appellant, Prakash Amichand Shah, owned a leasehold interest in land in Surat and challenged the reservation of a portion of his land under Town Planning Scheme No. VIII (Umarwada) prepared under the Bombay Town Planning Act, 1954. He claimed the scheme violated Articles 14, 19(1)(f) and 31 of …
The Supreme Court examined the validity of a two‑year preventive detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) against S. H. Hamdani. The Additional Secretary declared that the detainee was likely to abet smuggling in a …
The case concerned the purchase of shares in Escorts Ltd by thirteen overseas companies, predominantly owned by non‑resident Indians, under the Foreign Exchange Regulation Act, 1973 (FERA) portfolio investment scheme. The Reserve Bank of India (RBI) later granted permission for the purchases, which …
The Supreme Court examined a public‑interest litigation concerning a plot of land in Andheri reserved for a BEST bus depot under the development plan. The BEST Committee approved a scheme to construct two commercial buildings on part of the plot, generating a non‑refundable premium for the …
The appellants, holders of stage‑carriage permits, sought to operate their services over routes that were partially nationalised under Chapter IVA of the Motor Vehicles Act, 1939, by imposing "corridor restrictions" (i.e., not picking up or dropping passengers on the nationalised segment). The …
Kirpal Singh was elected to the Punjab Legislative Assembly in 1972, but his election was set aside by the Punjab and Haryana High Court because the nomination of another candidate, Basant Singh, had been improperly rejected on the ground that he was a development officer in the Life Insurance …
The Supreme Court examined whether the Departments of Publications and Press of Andhra University and Osmania University qualify as "factories" engaged in an industry listed in Schedule I of the Employees' Provident Funds and Miscellaneous Provisions Act. Both departments operate printing presses, …
The Osmania University’s Department of Publications and Press operates printing presses employing about 100 workers. The university challenged the applicability of the Employees' State Insurance Act, 1948 to its employees, arguing that the department did not constitute a "factory". The Supreme Court …
H.D. Singh was engaged as a daily‑wage "Tikka Mazdoor" by the Reserve Bank of India in 1974 and worked only sporadically. After passing his matriculation exam in 1975, a confidential RBI circular stipulated that such employees would be removed from the list of workers; consequently his name was …
The workmen of the former Binny & Co. Ltd., now employed by the amalgamated Binny Ltd., claimed a 20% bonus for the financial year 1969 based on a separate profit and loss account prepared for their original unit, which showed a substantial profit. The new company paid only a 4% bonus calculated on …
The Andhra Pradesh government reduced the superannuation age for its employees from 58 to 55 years in 1983 and later attempted to reverse the decision by raising it back to 58 years through Ordinance No.24 of 1984 and Act No.3 of 1985. A large number of employees who had been forced to retire under …
The Union of India, under the Minimum Wages Act, 1948, fixed minimum wages for workers in gypsum, barytes, bauxite and manganese mines based on the advice of a Committee appointed under sections 5(1)(a) and 9 of the Act. Mine owners challenged the notification, contending that the Committee was …
The wife, a Christian from the Khasi tribe and an Indian Foreign Service officer, married a Sikh husband under the Indian Christian Marriage Act, 1872. She filed a petition under the Indian Divorce Act, 1869 seeking a declaration of nullity or judicial separation on the ground of her husband's …
Lala Gurdin died leaving his widow and three daughters who became limited owners of his estate. The daughters partitioned the property and each made separate alienations, including three sale deeds (1901, 1914, 1915) executed by the last surviving daughter, Smt. Mewa Kuer. After her death, the sons …
The respondent, an Income Tax Officer, was tried and convicted by a Special Judge for accepting a bribe of Rs.12,500 under Section 161 of the Indian Penal Code and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947. The prosecution relied on the testimony of two panch …
The State of Punjab entered into a contract with Sri Hardyal for construction of bridges, containing an arbitration clause appointing the Superintending Engineer as arbitrator but fixing no time for the award. Under the Arbitration Act, 1940, the award was required within four months, a period that …
M.L. Jain, a retired judge of the Rajasthan High Court, challenged the calculation of his pension under the High Court Judges (Conditions of Service) Act, 1954. The Ministry of Law had issued a circular stating that a judge's service as a High Court Judge should be counted towards his parent service …
The first accused in State of Maharashtra v. Shrishail Nageshi Pare was convicted of murder under Section 302 of the IPC by the Sessions Judge, a decision affirmed by the High Court. He filed Special Leave Petition (Criminal) No. 372 of 1985, challenging the High Court's view that an eye‑witness …
The plaintiff mortgagor filed five suits for redemption and actual possession of mortgaged land, contending that the mortgagees were not tenants and therefore could be evicted after redemption. The mortgagees argued that they were "deemed tenants" under Section 2A of the Bombay Tenancy Act, 1939 (as …
The Supreme Court examined whether a wife and mother who inherited a share in a joint Hindu family property under Section 6 of the Hindu Succession Act ceased to be members of the family for purposes of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. The Court held that the legal …
The respondent, Ghusick & Muslia Collieries Ltd., pumped out percolated water from its coal mine and sold it to a neighboring glass factory, earning Rs 42,073 in 1958‑59. The State of West Bengal levied cess on this amount under Sections 6 and 72 of the Bengal Cess Act, 1880, which the company …
The Bihar State Harijan Kalyan Parishad filed a writ petition challenging two letters—one from the Ministry of Steel and Mines and another from the Steel Authority of India Ltd.—which denied reservation for Scheduled Castes and Scheduled Tribes in promotions by selection to Group ‘A’ posts with a …
Gasket Radiators Pvt. Ltd., incorporated in 1964, was initially exempted from paying the special contribution imposed by Chapter V‑A of the Employees' State Insurance Act, 1948, until the scheme was extended to its area. The exemption was withdrawn on 31 May 1969 and the company challenged the …
The West Bengal State Electricity Board terminated a permanent employee under Regulation 34, which allowed dismissal with three months' notice or salary in lieu, without giving any reasons. The employee challenged the termination in a writ petition, and the Calcutta High Court struck down Regulation …
Gwalior Sugar Co. employed 800 seasonal workers who worked only during the sugar‑cane crushing season. The employer refused to pay them the minimum bonus guaranteed under Section 10 of the Payment of Bonus Act, 1965, arguing that they were not employed for the whole accounting year. The Industrial …
Fomento Resorts and Hotels Ltd. applied to acquire land owned by Gustavo Ranato da Cruz Pinto under Chapter VII of the Land Acquisition Act, 1894. The government issued a preliminary notification under Section 4 in October 1980, followed later by a Section 6 declaration after an agreement with the …
The vendor, Matbar Mal, who held sirdari rights, deposited the amount required under Section 134 of the U.P. Zamindari Abolition & Land Reforms Act on 28 October 1961 to acquire bhumidari rights and on the same day executed a sale deed in favour of Ram Pyare. A bhumidari certificate was issued only …
The appellant sought a higher solatium of thirty per cent on compensation for land acquired under the Land Acquisition Act, 1894, invoking the Land Acquisition (Amendment) Act, 1984 which substituted fifteen per cent with thirty per cent in Section 23(2). The amendment also contained Section 30(2) …
Atul Products Ltd manufactured synthetic organic dyes (cibagenes and cibanogenes) and relied on Notification No. 180/61 dated 23 November 1961, which exempted dyes from excise duty if they were produced from other dyes on which duty had already been paid. The basic dyes used were manufactured before …
The Uttar Pradesh Electricity Board fixed a grid tariff for licensees in the Ganga‑Sarda Grid by a notification dated 24 April 1962 under s.46 of the Electricity (Supply) Act, 1948 and enhanced it by 20 % on 30 September 1967. The City Board, a licensee, sought state permission to raise its rates in …
The appeal concerned the interpretation of Sections 7, 7A and 8 of the PEPSU Tenancy and Agricultural Lands Act, 1955. The petitioner argued that Section 8, which imposes a minimum tenancy term of three years for tenancies created after the 1956 amendment, does not create an additional ground of …
The BHEL Workers' Association and other petitioners alleged that about a thousand contract labourers in the BHEL plant at Hardwar were paid lower wages and denied the same conditions of service as directly employed workers, seeking a declaration under Article 32 that the contract labour system was …
The petitioners, a consortium of newspaper publishers, challenged the imposition of customs and auxiliary duties on imported newsprint under the Customs Act, 1962 and the Customs Tariff Act, 1975, arguing that the levy infringed their freedom of speech and expression (Art. 19(1)(a)) and the right to …
The appellant purchased agricultural land from a tribal seller with collector's permission, but the Sub‑Divisional Officer, invoking the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, ordered restoration of possession to the tribal buyer. The appellant appealed, arguing that …
The Union of India appealed against a Bombay High Court order that had sent the dispute over a staff car of the Technical Advisor to the North Chirimiri Collieries to a civil suit. The car, purchased in 1966 and transferred to United Collieries Ltd., was claimed to be a fixed asset of the mine and …
The Central Excise Department denied Dunlop India Ltd. an exemption on excise duty, alleging the company had previously cleared goods without paying duty and only relied on bank guarantees obtained under interim court orders. Dunlop filed a writ petition in the Calcutta High Court under Art. 226 …
The Supreme Court examined the constitutional validity of Section 23‑A of the Punjab Agricultural Produce Markets Act, which permits market committees to retain market fees collected in excess of the statutory rate when the burden has been passed on to the next purchaser. The appellants argued that …
The petitioners, members of the Uttar Pradesh Judicial Service, applied for direct recruitment to the Uttar Pradesh Higher Judicial Service, claiming they had completed seven years of practice at the bar before joining the service and thus were eligible under Article 233(2) of the Constitution. The …
The case concerned nine seats reserved in the medical colleges of Jammu and Kashmir for candidates from Bihar. Thirty‑five applicants applied, and a merit list of seven candidates was prepared by the Controller of Examinations, which included the petitioner Surendra Kumar. The Chief Minister of …
The Calcutta High Court entertained an oral application in the judge's chambers, without any written record, and issued an interim order maintaining the status quo of a liquor shop auction. The order was made without stating facts, legal questions, or reasons, and was later extended without the …
Javed Ahmed Abdul Hamid Pawala was convicted of multiple murders and sentenced to death on 6 February 1982, with the sentence confirmed by the High Court and subsequent appeals dismissed. After a clemency petition was rejected, he filed a writ petition under Article 32 of the Constitution, arguing …
The State of Maharashtra prosecuted Baburao Ravaji Mharulkar and others for selling ice cream that contained only 5.95% milk fat, below the 10% minimum prescribed by Paragraph A.11.02.08 of Appendix B to the Prevention of Food Adulteration Rules, 1955. The trial court acquitted the respondents, …
Tulsi Ram, a vendor of edible oil, was charged under the Prevention of Food Adulteration Act after a public analyst found cottonseed oil mixed in his soybean oil. The analyst's report was forwarded to him 18 days after the prosecution was instituted, contrary to Rule 9A which requires the report to …
The Karnataka Government referred a dispute between the Regional Provident Fund Organisation (established under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952) and its employees to an Industrial Tribunal under section 10 of the Industrial Disputes Act, 1947. The management …
The Managing Director and Production Manager of M/s 5‑S Limited were prosecuted under the Essential Commodities Act for alleged violations of state licensing and price‑control orders. They contended that, under Section 10 of the Act, they could not be prosecuted unless the company itself was also …
The State of Rajasthan, through its District Rehabilitation Officer, sued the Union of India and the Railway Administration in a district court for damages to tents damaged while in transit on Indian Railways. The Union contended that the suit was barred by Article 131 of the Constitution, which …
The Supreme Court examined whether the term "wages" under Section 2(22) of the Employees' State Insurance Act, 1948 encompasses various allowances such as House Rent Allowance, Night Shift Allowance, Heat, Gas and Dust Allowance and Incentive Allowance. The Court held that the Act, being a …
The Supreme Court considered appeals by a public limited company challenging the calculation of gratuity for a monthly‑rated employee who had retired after 35 years of service. The employee claimed that "fifteen days' wages" under s.4(2) of the Payment of Gratuity Act, 1972 should be computed by …
The Provident Fund Inspector filed complaints against the directors and factory manager of Burhanpur Tapti Mills Ltd for failing to pay the employer's contribution to the Employees' Provident Fund and Family Pension Fund Act, 1952, for the period February 1970 to June 1971. The accused contended …
The petitioners challenged a combined notification under Sections 4 and 17 of the Land Acquisition Act, 1894, and a declaration under Section 6, on two grounds: a 29‑day delay between the Gazette publication and the public notice of the notification, and an eight‑year inter‑departmental discussion …
Petitioners Mohammad Joris and others were sentenced to one month in civil jail by a Single Judge of the Bombay High Court for contempt after breaching an undertaking given in a pending suit. They appealed to a Division Bench under Section 19(1) of the Contempt of Courts Act, 1971, but the appeal …
The petitioner, a proprietor of a food business, filed income‑tax returns that were later found to contain false statements and suppressed transactions after a search of his premises. Complaints were lodged against him under sections 276C and 277 of the Income‑Tax Act and sections 193 and 196 of the …
The State of Karnataka appealed to the Supreme Court under Article 136 for special leave to challenge the Karnataka High Court's dismissal of its appeals against the conviction of Surender Kotiankar under Sections 408 and 477A of the Indian Penal Code. The High Court had rejected the State's request …
In Shantilal Manganlal & Anr. v. Chunnilal Ranchoddas (1984), the petitioners filed a review application against the Supreme Court's order dismissing their Special Leave Petition, but the review petition contained no substantive grounds and merely promised to file them later. The petition was filed …
The petitioners challenged Maharashtra's ban on selling tickets of lotteries organized by the Indian Red Cross Society (Dadra and Nagar Haveli branch) that were authorized by that Union Territory's administration. They argued that the Bombay Lotteries (Control and Tax) and Prize Competition (Tax) …
The petitioner filed a transfer petition under Article 139A(1) of the Constitution seeking to move a writ petition pending before the Rajasthan High Court to the Supreme Court, alleging that the High Court petition raised the same questions as a Special Leave Petition (SLP) already pending before …
The petitioner, Katheeja Bai, widow of a retired Tamil Nadu Electricity Board employee, claimed that the Board had failed to credit the special contribution mandated by Regulation 37 of the Board’s Contributory Provident Fund Regulations to her late husband’s provident fund account. The Board …
Inder Pal Gupta was appointed as principal of Model Inter College, Thora on probation in 1967, with the probation period later extended by one year. In April 1969 the Managing Committee, citing a manager’s report, resolved to terminate his services and, with the District Inspector’s approval, issued …
The Supreme Court examined the validity of a series of "abeyance circulars" issued under clause 8B of the Imports (Control) Order, 1955, which placed the licence applications of Liberty Oil Mills and 60 other concerns in abeyance pending investigation into alleged illegal import of beef tallow. The …
During the 1962 national emergency, the Punjab Government framed the National Emergency (Concessions) Rules, 1965, granting ex‑military personnel benefits such as seniority when they joined civil service. The petitioners, former army officers appointed as Assistant Engineers in Haryana, claimed …
Ramesh Kumar and Ram Kumar were convicted by a Sessions Judge under Section 302 read with Section 34 of the Indian Penal Code for murder and sentenced to life imprisonment. On appeal, the Punjab and Haryana High Court, relying on a claim that Ram Kumar had gifted three acres of land to the victim's …
The Supreme Court examined the constitutionality of the words "and who has retired on or after the 1st day of October 1974" (as printed in some versions as 1984) in paragraph 10 of the First Schedule of the High Court Judges (Conditions of Service) Act, 1954 (as amended). The petitioners argued that …
The petitioners, former judges of the High Court and Supreme Court, challenged the denial of pensionary benefits under the Conditions of Service (Amendment) Act, 1976. The Supreme Court examined whether the amendment entitled all retired judges to pension benefits irrespective of their retirement …
Vijay Narain Singh, who had been granted bail in a criminal trial for murder and related offences, was detained under Section 12(2) of the Bihar Control of Crimes Act, 1981 on the ground that he was an "anti‑social element". The State relied on three incidents (1975, 1982 and the pending murder …
The Union of India challenged an ex parte interim stay order and a contempt rule granted by the Calcutta High Court in a writ petition filed by Oswal Woollen Mills Ltd. seeking to restrain the Union from enforcing a clause‑8B order under the Import Control Order, 1955, and to permit re‑export of a …
The appellant, a District Judge, sought to have his seniority counted from his earlier service as an Assistant Judge under the Bombay Judicial Service Recruitment Rules and to receive the salary and allowances of the selection‑grade pay scale, as well as posting as an Inspecting District Judge. The …
The appellants, who were promoted to Assistant Judges from the Junior Branch of the Maharashtra Judicial Service, claimed seniority over four Bar recruits (respondents Nos. 2‑5) who were appointed as Assistant Judges under the proviso of Rule 5(2)(i)(b) before being promoted to District Judges. The …
The Gramophone Company of India sought to prevent the import of cassette recordings it alleged were pirated and destined for transit to Nepal. It applied to the Registrar of Copyrights under s.53 of the Copyright Act, 1957, to have the cassettes declared prohibited imports. The Calcutta High Court …
The State of Jammu & Kashmir advertised admission to its two medical colleges, requiring a written test (85 points) and a viva‑voce interview (15 points). A selection committee comprising the Chairman of the Public Service Commission and the principals of the two colleges was formed. One principal …
The appellants challenged the relaxation granted to Scheduled Caste and Scheduled Tribe candidates regarding minimum qualifying marks for admission to Madhya Pradesh medical colleges, arguing that unfilled reserved seats should be transferred to the general category and that they should be admitted. …
Shivram, a retired member of the armed forces, inherited a flat in 1964 that was already let to a tenant. He filed an eviction suit in 1971 on grounds of default and personal requirement. While the suit was pending, the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 was amended in …
The appellant, a senior judicial officer, was compulsorily retired at age 55 under Fundamental Rule 56(3)(a) after a High Court Full Court meeting decided to screen officers for promotion. The High Court recommended his retirement and denied promotion, relying on some adverse confidential entries …
The petitioners, agents for selling lottery tickets of other Indian states, challenged a press release by the Maharashtra Government that declared the sale of such tickets unlawful. They argued that the ban lacked constitutional authority because lotteries organised by any State or the Union fall …
The petitioner filed a criminal miscellaneous petition seeking modification of a Sessions Court order that the trial proceed on a day‑to‑day basis, arguing that his counsel were not prepared to appear continuously as the trial was expected to be lengthy. The Court examined the duty of counsel in …
Asharam M. Jain filed a Special Leave Petition under Art. 136, alleging that the Chief Justice of the Maharashtra High Court and another judge had acted with bias and prejudice. The petition contained vitriolic accusations that the judges had deliberately harmed the petitioner and obstructed …
Sadhu Ram, a probationary bus conductor, was terminated by the Delhi Transport Corporation. After a failed conciliation, the Conciliation Officer reported to the Delhi Administration under s.12(5) of the Industrial Disputes Act, and the Government referred the matter to the Labour Court, which held …
Shivaji Narayan Bachhav was convicted of murder under Section 302 IPC and sentenced to life imprisonment by a Sessions Judge. He appealed to the Bombay High Court, which dismissed the appeal in limine with a one‑word order, "dismissed." The appellant filed a Special Leave Petition under Article 136 …
Smt. P. Grover, an award‑winning teacher, was extended in service and promoted to acting District Education Officer effective 19 July 1976, but the promotion order contained a super‑added condition that she would continue to draw her previous salary scale. She filed a writ petition seeking the …
The case concerned three Maharashtra civil servants who, while under suspension, were convicted under the Prevention of Corruption Act and sentenced to imprisonment but remained on bail and were never actually incarcerated. Under Rule 151 of the Bombay Civil Service Rules, 1959, a second proviso …
T.V. Vatheeswaran, convicted of multiple murders and sentenced to death in January 1975, remained in solitary confinement for eight years, including two years as a prisoner on remand. He challenged the death sentence on the ground that the prolonged delay in execution, coupled with illegal solitary …
In 1982 the Chief Controller of Imports and Exports issued Export Instruction No. 59/82 allowing export of up to 10,000 tonnes of Niger seeds through NAFED on a first‑come‑first‑served basis, subject to a minimum price and irrevocable letters of credit. The petitioners entered into a contract for …
The respondent was convicted under Section 34(a) of the Andhra Pradesh Excise Act for possession of eight litres of illicitly distilled arrack. The First Class Magistrate sentenced him to two years' rigorous imprisonment, which is the minimum sentence prescribed by the statute. On revision, the High …
The State of Maharashtra filed a Special Leave Petition under Article 136 challenging a Bombay High Court order that the Governor should exercise his own discretion, not the advice of the Council of Ministers, when deciding whether to grant sanction under Section 6 of the Prevention of Corruption …
Two British nationals were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for allegedly smuggling electronic equipment in a Mercedes van. They filed writ petitions under Article 32 seeking release, arguing that their representations to the …
The Supreme Court examined an appeal by Hanumant Dass, the father of the deceased Asha, against the acquittal of Vinay Kumar and his mother Chhano Devi by the Punjab and Haryana High Court. The case arose from a murder allegedly committed in Himachal Pradesh but tried in Punjab after a Supreme …
Nagesh Bisto Desai, the son of the last Desai, claimed that the Kundgol Deshgat Estate was an impartible watan governed by the rule of lineal primogeniture, and that, as the present watandar, he was entitled to exclusive possession of the estate. The respondents, members of the same joint Hindu …
The petitioner, a driver‑constable in the Delhi Police Force, challenged the lower pay scale applicable to driver‑constables compared to drivers in other Delhi Administration departments, invoking the principle of "equal pay for equal work" under Articles 14, 16 and 39(d) of the Constitution. He …
D. Ramaswami, a Tamil Nadu government servant, rose from clerk to Deputy Commissioner of Commercial Taxes and Member of the Sales Tax Appellate Tribunal. An adverse entry in his confidential file in 1969 alleged misconduct, but a vigilance enquiry later cleared him and the government dropped all …
The petitioner was convicted by a Presidency Magistrate for offences under IPC 120B, the Customs Act and related rules and sentenced to imprisonment of two to four years with a fine. The High Court set aside the conviction, but the Supreme Court restored it. The petitioner had earlier been …
After the reorganisation of states under the States Reorganisation Act, 1956, Assistant Sales Tax Officers (ASTOs) from the former States of Madhya Pradesh and Hyderabad were allocated to the new State of Bombay, where there were no comparable posts. The State Government issued several resolutions …
The appellant, Raghbir, was less than 16 years old when he was convicted of murder under Section 302 IPC and sentenced to life imprisonment by a Sessions Judge. He appealed the conviction, arguing that, as a child, he should have been tried under the Haryana Children Act, 1974, which provides a …
Southern Pharmaceuticals and other manufacturers of medicinal and toilet preparations containing alcohol challenged the constitutional validity of sections 12A, 12B, 14(e), 14(f) and 68A of the Kerala Abkari Act, 1967 and related rules, arguing that the State lacked competence because the subject …
The Rajasthan Public Service Commission conducted a competitive examination for recruitment of Munsifs, comprising written papers and a viva voce worth 25% of the total marks. The petitioner, who scored 189 overall (159 written, 30 viva), was not selected, while the last selected candidate scored …
The State of Maharashtra charged Champalal Punjaji Shah with criminal conspiracy under S.120B IPC, S.135 of the Customs Act and Defence of India Rules after gold bars with foreign markings were discovered in his flat. The trial was protracted, with the accused contributing to delays, and the High …
The suit concerned land that Venkataramabhadra Naidu had donated to the Bhoodan Yagna in 1953 by unregistered deeds. After the Madras Bhoodan Yagna Act, 1958 (later amended in 1964) the Bhoodan Board allotted the land to the respondents. Naidu subsequently sold the same land to the appellants in …
The plaintiff, a merchant displaced from Uganda, filed a suit under section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 seeking eviction of the defendant who had licensed another person to occupy the shop as a godown. The defendant argued that eviction would cause …
The husband of petitioner Kavita was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) to prevent alleged smuggling. He made representations against his detention, which were rejected, and the Advisory Board later reported …
The respondent, a lessor, sued the appellant, a lessee, for ejectment and recovery of arrears of rent. Under Rule 5 of Order XV of the CPC, the appellant was required to deposit the admitted rent and make regular monthly deposits; failure to do so made his defence liable to be struck off, subject to …
S.S. Dhanoa, an IAS officer, was deputed as General Manager of the Super Bazaars run by the Cooperative Store Ltd., a society registered under the Bombay Cooperative Societies Act. He was charged under the Prevention of Food Adulteration Act for selling adulterated honey and argued that he was a …
The State of Karnataka appealed against the High Court's setting aside of a confiscation order of a 7,200 kg consignment of groundnut oil. The oil had been seized because the transporter failed to file the mandatory Form II declaration with the Tehsildar before the consignment left the place, as …
The respondent, a Range Forest Officer earning Rs.515 per month, was found in possession of assets worth over Rs.79,000 and was charged under Section 5(2) read with Section 5(1)(e) of the Prevention of Corruption Act, 1947 for having assets disproportionate to his known sources of income. He claimed …
The Supreme Court examined the preventive detention of Jahaubar Moulana under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detenu argued that the detaining authority had failed to furnish copies of documents mentioned in the grounds of detention, had …
Sewakram Sobhani, a former detainee, sued the editor of the Blitz weekly for defamation after the newspaper published a story alleging he impregnated a female detainee, based on a confidential government enquiry report. The magistrate ordered the plea to be recorded under CrPC s.251 without …
The appellants were convicted by two District Judges whose appointments were later declared invalid for violating Article 233 of the Constitution. The appellants argued that the judgments rendered by those judges were void and that the Constitution (20th Amendment) rendered them a surplusage. The …
The Supreme Court reviewed the acquittal of Kalki and Amara by the Rajasthan High Court, which had set aside their convictions on the ground that the sole eye‑witness, the deceased’s wife, was a "highly interested" witness and that her testimony contained material discrepancies. The Court held that …
The State of Karnataka prosecuted three respondents – two partners and their firm – for allegedly providing a fictitious address of the supplier of a drug, violating sections 18(a)(ii), 18(c) and 18A of the Drugs and Cosmetics Act, 1940. The prosecution relied on an inspector’s report that the …
Three writ petitions under Article 32 challenged the detention of individuals under the National Security Act, alleging that the authorities delayed consideration of their representations under Article 22(5) of the Constitution. The petitioners had made representations within days of detention, but …
Shiv Prasad Bhatnagar was detained under Section 12(1) of the National Security Act on grounds that he and unnamed associates had abused Muslims and caused public disturbance in November 1980, and on a series of earlier incidents from 1974 to 1978. The petitioner challenged the detention before the …
The appellants, four brothers who ran the shop M.F. Maniyar & Sons, were convicted under Section 5 of the Explosive Substances Act, Section 120B of the Indian Penal Code and related provisions for possessing and selling large quantities of potassium cyanide, potassium chlorate, detonators and other …
Ram Chander was convicted of murder under Sections 302 and 34 of the IPC and sentenced to life imprisonment. On appeal, the High Court upheld his conviction while acquitting a co‑accused. The appellant argued that the Sessions Judge had violated the principle of a fair trial by rebuking and …
The State of Haryana charged Sher Singh and his two sons with the murder of Sher Singh's half‑brothers, alleging they assaulted and burned the victims in a village courtyard. The trial court convicted them under Sections 302 and 34 of the IPC, sentencing Sher Singh to death and the others to life …
Charan Singh, a police officer, was convicted under sections 5(1)(d) and 5(2) of the Prevention of Corruption Act. The Punjab High Court acquitted him, holding that the prosecution was invalid because the police department had not complied with Rule 16.38 of the Punjab Police Rules, 1934. On appeal, …
The State of Tamil Nadu, exercising its power under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957, issued Rule 8‑C of the Tamil Nadu Minor Mineral Concession Rules, 1959, which barred private persons from obtaining leases for quarrying black granite and permitted only …
Fazlunbi, a Muslim woman, was deserted by her husband K. Khader Vali who obtained a divorce and paid a meager mahar of Rs.500 and iddat maintenance of Rs.750, after which the magistrate cancelled the earlier maintenance order under Section 125 CrPC. The issue before the Supreme Court was whether …
The case concerned the auction of 78 arrack‑shops in Hyderabad and Secunderabad under the Andhra Pradesh Excise (Lease of Right to Sell Liquor in Retail) Rules, 1969. The Collector, acting as auctioning authority, first auctioned the shops individually, then in two groups, and finally as a single …
Bai Dosabhai, who had received two plots of land as a gift, executed a deed of lease in 1946 granting the lessee (Indu Prasad Dev Shankar Bhatt and successors) a right to purchase the land within seven years for a stipulated price, with provisions for rent, default, and sale by public auction. After …
The Supreme Court examined whether Section 3(3) of the Coal Mines (Nationalisation) Amendment Act, 1976 barred the extraction of coking coal. Petitioners argued that the amendment applied only to ordinary coal mines, not to coking coal mines, relying on the separate legislative history of …
