RAJENDRA MAL LODHA

Mohd. Hussain @ Julfikar Ali was convicted and sentenced to death for planting a bomb on a public bus in 1997, causing four deaths and twenty‑four injuries. The trial court denied him the assistance of counsel, violating his right to legal aid and due process. The Delhi High Court upheld the conviction, but the Supreme…

The State of NCT of Delhi and Ajay Kumar Tyagi were simultaneously facing criminal prosecution under Sections 7 and 13 of the Prevention of Corruption Act and a departmental inquiry for the same alleged bribe. The departmental enquiry officer found the charge not proved, but the disciplinary authority had not yet rende…

The promoter, Nahalchand Laloochand Pvt. Ltd., developed a building and sold flats to members of Panchali Co‑operative Housing Society Ltd., asserting a right to sell 25 stilt parking spaces as separate units. The society contended that the promoter could not sell those spaces because they were not "flats" under the Ma…

The appellants challenged the compensation awarded for lands acquired by the State of Haryana under five notifications dated between 1980 and 1983, seeking enhancement of the market value. Relying on the Supreme Court’s decision in Subhash Chander & Ors. v. State of Haryana, they argued that the market values fixed in …

The National Housing Bank (NHB) sued State Bank of Saurashtra (later merged with SBI) for recovery of a large cheque amount, alleging that the cheque was drawn for the purchase of IRFC bonds and that the defendant had misappropriated the funds. The case was tried before a Special Court established under the Special Cou…

The Munnerul Islam Madrasa Committee filed a suit before the Wakf Tribunal seeking eviction of Faseela M., alleging that she was a tenant of a property described as waqf. Faseela denied that the property was waqf and challenged the Tribunal's jurisdiction. The Tribunal initially ordered the suit to be returned to the c…

The Supreme Court examined an appeal by the employer, Asst. Engineer, Rajasthan Development Corp., against a Labour Court award that ordered reinstatement of a daily‑wage workman, Gitam Singh, with continuity of service and 25% back wages after his termination was held to violate Section 25‑F of the Industrial Disputes…

The appellant, a voter, challenged the election of the respondent, a Lok Sabha MP, alleging disqualification under Section 100(1)(a) of the Representation of People Act, 1951 on the ground that he was a director of the Maharashtra Seeds Corporation, a government‑owned company. The High Court held that the respondent wa…

Dinesh Prasad, a washerman/rifleman in the Assam Rifles, was absent without leave for 808 days and was charge‑sheeted under Section 39(a) of the Army Act, 1950. A summary court‑martial was convened and presided over by the Commandant, Col. A.S. Sehrawat, who had also signed the charge sheet. Prasad pleaded guilty and w…

The appellant, a customs house agent, was involved in the clearance of a seized container of electronic goods and later faced suspension of its licence, which was restored by the Tribunal. The Commissioner of Customs filed an application under Section 1290(4) of the Customs Act, 1962, but delayed it by ten days and sou…

The landlord filed an eviction petition under the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 alleging that the tenant had sub-let the premises to a partnership called Mandovi Tours and Travels. The tenant denied sub‑letting, claiming the partnership was genuine and that he retained exclus…

Godrej & Boyce acquired a 133-acre parcel in Vikhroli, which was declared waste land and cultivated before 1951. The State later issued a show‑cause notice under Section 35(3) of the Indian Forest Act, 1927 (notice No. WT/53) in 1956‑57, but never served it or took possession, while repeatedly granting building permiss…

The State of Haryana acquired land under the Land Acquisition Act, 1894 and the reference court enhanced compensation in 1980, awarding 15% solatium and 6% interest. After the 1984 amendment to the Act, the landowners filed applications under CPC sections 151 and 152 in 1989 seeking the enhanced benefits of the amended…

The Agricultural Market Committee of Andhra Pradesh initiated criminal proceedings against traders of M.K. Exports for non‑payment of market fees that were re‑assessed under Section 12‑8(5) of the A.P. Agricultural (Produce and Livestock) Markets Act, 1966. The traders filed petitions under Section 482 of the Code of C…

The appellant, Minerals & Metals Trading Corporation of India Ltd., entered into a charter party with Ocean Knight Maritime Co. Ltd., which contained an arbitration clause. Disputes over demurrage led each party to appoint its own arbitrator, but the arbitrators could not reach a consensus and the award deadline expire…

Vinayak Kashinath Shilkar filed a writ petition seeking declaration that proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 concerning his land in Thane were abated after the Repeal Act of 1999 was adopted in Maharashtra on 29‑11‑2007. He contended that, although the land had vested in the State under …

The case concerned a former High Court judge who, after retirement, served as President of the Madhya Pradesh State Consumer Disputes Redressal Commission for nearly five years. He claimed pension for that period based on a 2002 executive order of the State Government, although the Madhya Pradesh Consumer Protection Ru…

The case concerned a 5‑bigha parcel of land that was an evacuee property acquired by the Central Government under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and later put up for public auction. The appellant’s husband was the highest bidder in 1958, received provisional possession in 1960, but th…

The appellants, Raja Gounder and others, were convicted under Section 302 of the Indian Penal Code for the murder of their brother amid a land dispute. The prosecution's case relied on the testimony of the deceased's widow, who was also the sister‑in‑law of the accused, and on medical evidence showing multiple injuries…

The State of Andhra Pradesh filed a suit under Article 131 of the Constitution seeking to restrain Maharashtra from constructing the Babhali barrage within the water spread area of Andhra's Pochampad dam and from drawing water from it. The dispute centered on the interpretation of the 6 October 1975 water‑sharing agree…

The appellant, a transport operator, complained that a Deputy Excise and Taxation Commissioner (respondent No.2) demanded payment of passenger tax at his residence, received Rs. 2 lakh, and released the appellant's impounded buses, allegedly cheating him and embezzling public money. The Judicial Magistrate issued a sum…

Five men (Surendra, Narendra, Yogesh, Amar Pal and Anil Kumar) attacked Ramchandra Singh with a burri, knife and lathis after a pending criminal dispute, inflicting multiple injuries that caused his death the next day. The trial court convicted them under Section 302 read with Section 149 of the IPC, along with Section…

The Supreme Court examined the scope of the High Court's revisional jurisdiction under the Haryana Urban (Control of Rent & Eviction) Act, 1973, the Kerala Buildings (Lease and Rent Control) Act, 1965 and the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The issue was whether the High Court could re‑apprecia…

The petition challenged the appointment of several Union Ministers on the ground that they had criminal antecedents or were facing charges for serious offences, seeking a declaration that such appointments were unconstitutional and requesting the Court to frame guidelines for ministerial appointments. The Court examine…

Jyoti Mishra, the estranged wife of Dhananjaya Mishra, filed an FIR under Section 498-A of the IPC against her husband and five others in Hyderabad. The case was pending before the 5th Metropolitan Magistrate, Cyberabad. After moving to Indore, she filed transfer petitions (Criminal Nos. 94‑95 of 2010) seeking to shift…

The appellant was convicted for murder (s.302 IPC) after a mob attacked the deceased in a court corridor, based primarily on the testimony of three eye‑witnesses (PW‑1, PW‑5, PW‑6) and a test identification parade. The Supreme Court examined the reliability of those witnesses, noting that PW‑1 failed to name the appell…

The appellant, accused of murder and related offences, challenged his conviction on the ground that the victim's dead body was never recovered and no post‑mortem was conducted, arguing that proof of corpus delicti was lacking. The prosecution relied on two eye‑witnesses, PW‑6 (who was injured) and PW‑9 (the victim's br…

The appellant, a joint owner of land in Palanpur, Gujarat, challenged a government acquisition of his property and obtained interim relief from the Gujarat High Court. While the proceedings were pending, the Land Acquisition Act was amended in 1984 inserting Section 11A, which mandates that an award be made within two …

The appellant, Chironjilal Sharma HUF, had Rs 2,35,000 seized from his house during a search on 31 January 1990. An order under Section 132(5) of the Income Tax Act was passed on 31 May 1990, and the Assessing Officer appropriated the seized cash against the tax liability. The Income Tax Appellate Tribunal set aside th…

The Supreme Court examined whether agreements between a developer and flat purchasers constitute "works contracts" under Art.366(29‑A)(b) and whether the State can levy sales tax on the goods used in such contracts. It held that a construction agreement, even when coupled with a transfer of immovable property, remains …

The appellant MSR Leathers sued the respondents for dishonour of four cheques. The cheques were presented, dishonoured, and a statutory notice was served; the drawer failed to pay. The cheques were presented a second time, again dishonoured, and a fresh notice was served before a complaint was filed. The issue was whet…

The appellants, companies engaged in iron and steel production, entered into Memorandums of Understanding with the State Government of Jharkhand for mining leases of iron ore in the Ghatkuri area. The State Government recommended their applications to the Central Government for prior approval. However, upon discovering…

The petitioners were constables of the Border Security Force (BSF) who resigned after completing ten years of service under Rule 19 of the BSF Rules, 1969, and were initially told they would be entitled to pension on compassionate grounds. The Government later informed them that no pension would be payable, leading the…

The Sunanda Bhandare Foundation filed a writ petition seeking enforcement of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, specifically the 1% reservation for visually disabled persons in university teaching posts under Section 33, and a declaration that den…

The Madras Bar Association challenged the constitutional validity of the National Tax Tribunal Act, 2005, which sought to transfer appellate jurisdiction from High Courts to a newly created National Tax Tribunal (NTT) for deciding substantial questions of law in tax matters. The Supreme Court held that while Parliament…

The Bombay Stock Exchange (BSE) declared member Suresh D. Shah a defaulter and the Income Tax Department sought to attach the proceeds of his membership card and securities under s.226(3) of the Income Tax Act. BSE argued that a membership card is a personal, non‑transferable privilege and that its lien under Rule 43 m…

The parties entered into a contract for works on the Tehri Hydro Dam project. After completion, the final bill and a security deposit of Rs.12.50 lakhs remained unpaid, leading to arbitration under the contract’s arbitration clause. The first arbitration awarded Rs.10.17 lakhs for the final bill but held the security‑d…

The Supreme Court examined public‑interest writ petitions challenging the allocation of coal blocks by the Central Government between 1993 and 2011. The Court held that the allocation process, carried out through the Screening Committee and a government‑dispensation route, was not authorized by the Mines and Minerals (…

The Supreme Court examined whether private veterinary colleges offering the B.V.Sc. & A.H. course must be recognized by the Central Government under the First Schedule of the Veterinary Council of India Act, 1984. Apollo College of Veterinary Medicine and Mahatma Gandhi College had been affiliated to a university and t…

The appellant, a public sector steel manufacturer, appointed the respondent as a handling contractor under a 1998 contract that contained clause 9.3 requiring the contractor to bear all taxes arising from the performance of his obligations. After the Finance Act, 1997 extended service tax to handling contractors, the a…

The Supreme Court was hearing the consequence proceedings arising from its earlier judgment that the allocation of coal blocks by the Screening Committee and the Government dispensation route was arbitrary and illegal. The Union of India submitted affidavits showing that 40 blocks were already producing coal and six we…

The petitioner, convicted under Sections 420 and 120‑B IPC, sought quashing of the FIR under Section 482 of the CrPC on the ground that the dispute with the victim had been settled, although the offences were non‑compoundable under Section 320. The larger Bench examined the scope of the High Court's inherent power unde…

The Pune Municipal Corporation initiated land acquisition proceedings under the Land Acquisition Act, 1894, issuing a notification in 2004, a declaration in 2005 and making an award on 31 January 2008. The award was not paid to the landowners nor deposited in court; the compensation amount was instead placed in the gov…

The Supreme Court examined petitions filed by the People's Union for Civil Liberties challenging the authenticity of nearly 99 police encounters in Mumbai between 1995 and 1997, which resulted in about 135 deaths. The Court was asked to direct the State of Maharashtra to investigate these encounters, register FIRs, and…

The State of Orissa appealed against the Orissa High Court's alteration of the conviction of three accused from murder (s.302 IPC) to culpable homicide not amounting to murder (s.304 Part II IPC). The facts revealed that the accused entered a house at night, molested a woman, and, after the victim's father verbally abu…

The Supreme Court examined an editorial published by Arun Shourie that criticised a report of a Commission of Inquiry headed by a sitting Supreme Court Judge, Justice Kuldip Singh. Dr. Subramanian Swamy filed contempt petitions alleging that the editorial scandalised the Court. The Court was asked to decide (i) whether…

Dr. Rajeev Dhawan filed a criminal contempt petition alleging that statements made by VHP officials and published in the Indian Express and Khabardar India scandalised the Supreme Court while it was hearing the Ayodhya reference. The Court initially issued notices to the alleged contemners and ordered contempt proceedi…

The appellant, Sukhdev Singh, a Deputy Director of Training, had consistently received "Outstanding" or "Very Good" remarks in his Annual Confidential Reports (ACR) but was downgraded to "Good" for the years 2000‑2001 and 2001‑2002. He contended that the downgrade, being an adverse entry, should have been communicated …

The appellant, Ladli Construction Co., entered into a contract to build 240 houses for the Punjab Police Housing Corporation, but failed to meet the schedule and the contract was rescinded. The parties' agreement contained an arbitration clause (Clause 25A) naming the Corporation's Chief Engineer as arbitrator. The con…

Dinesh Kumar was prosecuted under Sections 13(2), 13(1)(d) and 13(1)(a) of the Prevention of Corruption Act, 1988 after a sanction order was issued on 4 November 2009. He challenged the sanction in the High Court, but the CBI filed a charge‑sheet and the Special Judge took cognizance while the sanction was still under …

The Supreme Court examined the quantum of deductions to be made from the market value of a large tract of undeveloped agricultural land acquired for a residential layout, where the market value was derived from a sale of a small, fully developed plot. The Court clarified that deductions for development must be split in…

The appellant Gajraj Singh was convicted for the murder of his brother-in-law Harish Kumar after the victim's body was discovered with a missing revolver, mobile phone and Rs.3 lakh. Investigation revealed that the victim's SIM (9871879824) was used on a handset bearing IMEI No.35136304044030, which was later used with…

Shiveshwar Narayan, a judicial officer, sought extension of his retirement age from 58 to 60 years. An Evaluation Committee, appointed by the Patna High Court, found he lacked potential for continued useful service, and the Full Court of the High Court unanimously accepted this finding, denying the extension. Narayan c…

The Supreme Court examined a sale of mortgaged property under the SARFAESI Act where the auction purchaser paid only 25% of the price initially and the balance after 11 months. The borrower had sent a letter consenting to accept the balance payment and authorising issuance of a sale certificate, which the Bank accepted…

The dealer, Deep Trading Co., entered into a kerosene dealership agreement with Indian Oil Corp. that required any dispute to be referred to a sole arbitrator appointed by the corporation’s Director (Marketing). After the corporation suspended supplies, the dealer sought an injunction and later demanded arbitration; th…

An accident on a national highway caused the death of a pillion rider when his motorcycle collided with a stationary lorry. The claimants obtained a compensation award from the Motor Accidents Claims Tribunal, holding the truck owner, driver, insurer and the motorcycle rider liable. The truck owner and rider appealed t…

The petitioners, students who completed a medical course at Vinayaka Mission University's off‑shore campus in Bangkok, sought to appear for the Medical Council of India's screening test, claiming their provisional MBBS certificate qualified as a primary medical qualification. The High Court Single Judge allowed their a…

New India Assurance Co. Ltd. denied a claim by M/s Abhilash Jewellery for loss of gold that occurred while the jewellery was in the custody of an apprentice. The insurance policy covered loss while in the custody of the insured, his partner or his employees. The dispute turned on whether an apprentice qualifies as an "…

The Delhi Government issued a notification under the Land Acquisition Act, 1894 to acquire land for the Rohini Residential Scheme, invoking the urgency provisions of Section 17(1) and 17(4) and directing that the objection provisions of Section 5A would not apply. The landowner, Ram Dhari Jindal Memorial Trust, challen…

Dakshin Shelters Pvt. Ltd. and Geeta S. Johari entered into a Development Agreement containing an arbitration clause. On December 10, 2010 the respondent invoked the clause, nominated a former High Court judge as its arbitrator and asked the petitioner to nominate its own arbitrator. The petitioner replied on January 1…

Five candidates who were serving as Assistant District Attorneys, Public Prosecutors or Deputy Advocate General were selected for the post of Additional District and Sessions Judge in Haryana through direct recruitment. The Punjab and Haryana High Court quashed their appointments, holding that they did not satisfy the …

The All Bengal Excise Licensees Association challenged the West Bengal government's policy of granting additional liquor licences, leading to a High Court stay order. A contempt petition alleging violation of that stay was dismissed, and the Supreme Court, in a prior judgment (All Bengal Licensees Association v. Raghab…

The Supreme Court examined an appeal by Tamil Nadu Mercantile Bank Ltd. against the Madras High Court's order quashing criminal proceedings under Section 482 of the CrPC against five non‑bank accused in a fraud case involving Rs 2.51 crore. The FIR and charge‑sheet alleged that the accused, in collusion with bank offic…

Neeta Rakesh Jain filed for interim maintenance after her husband obtained an ex-parte divorce decree. She claimed the husband earned about Rs. 2,00,000 per month, while he asserted a salary of Rs. 30,000 from his own company. The Bombay High Court, accepting the husband's claim without scrutiny, fixed interim maintena…

The Supreme Court heard a group of public‑interest writ petitions concerning the ineffective implementation of the Vishaka guidelines on sexual harassment at workplaces. The Court examined affidavits from State Governments showing that many had failed to amend the Central Civil Services (Conduct) Rules and the Industri…

The appellant filed a complaint under Section 138 of the Negotiable Instruments Act against the respondent for dishonoured cheques, after serving a notice on 23 September 2008 but before the statutory 15‑day period expired (complaint filed on 7 October 2008). The trial magistrate took cognizance, which the Allahabad Hi…

The petitioner, a defendant in a suit concerning the genuineness of a will, sought a second forensic opinion after being dissatisfied with the first report; the trial court rejected this request and the High Court dismissed his writ petition. He filed a Special Leave Petition (SLP) under Article 136 of the Constitution…

The Assam Urban Water Supply & Sewage Board and Subash Projects & Marketing Ltd entered into two water‑supply contracts that gave rise to disputes resolved by a sole arbitrator appointed under the Arbitration and Conciliation Act, 1996. The arbitrator issued awards on 22 August 2003, which the appellants received on 26…

The landlord filed an eviction suit claiming a bona fide need to use a ground‑floor shop for the businesses of his two sons, asserting that no suitable alternative premises were available. The trial court accepted this claim and decreed eviction, but the first appellate court reversed, holding that a hall on the first …

The Supreme Court examined an election petition challenging the election of P.K. Basheer on the ground that a leaflet (Exhibit‑P1) and various audio‑visual recordings were published to malign the petitioner, Anvar P.V., constituting a corrupt practice under the Representation of the People Act, 1951. The Court held tha…

The State of Uttarakhand challenged the Assistant Collector's notice under Sections 166 and 167 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, which declared 1.626 hectares of land transferred to the Guru Ram Das Educational Trust Society as excess and vested in the State. The High Court had held that the …

M/s Godrej Sara Lee Ltd, a manufacturer of mosquito repellents, was assessed by the Kerala Value Added Tax (KVAT) authorities for the 2005-06 year at a 12.5% rate based on SRO No. 82/2006, which listed mosquito repellents as taxable at that rate. The company challenged the notification, arguing it was ultra vires of Se…

The Supreme Court examined whether Section 6A of the Delhi Special Police Establishment Act, 1946, which requires prior Central Government approval for CBI investigations into senior officials, applies when the investigation is being monitored by the Court itself. The Court noted that the CBI had initiated investigatio…

The Bihar Department of Agriculture advertised 4,062 contract positions for Subject Matter Experts (SMEs) under a two‑year scheme, setting age limits of 37‑42 years, which were challenged as inconsistent with a 2007 State Resolution that prescribed a maximum age of 65 years for contract employment. The High Court direc…

The case concerned a seizure of a jeep, rifles and wildlife by police under the Wild Life (Protection) Act, 1972. The accused offered to compound the offence under Section 54(1) and the Conservator of Forests ordered forfeiture of the seized items. The appellants appealed, arguing that the amendment to Section 54 gave …

Senior Manager Rajeev Ratan Pandey was transferred by the Airports Authority of India from Lucknow to Calicut. He challenged the transfer in a writ petition, alleging it violated the Authority's transfer policy, but did not initially claim any mala fides. After the High Court refused an interim stay, he filed a supplem…

The owner of a bus paid the premium for a motor vehicle insurance policy by cheque, which later bounced. The bus was involved in an accident causing the death of a passenger, and the claimants sought compensation from the insurer, United India Insurance Co. Ltd. The insurer argued that the policy was void due to non-pa…

The cement companies, claiming to be ryotwari pattadars, challenged a Tamil Nadu Government order that required them to pay full royalty and dead rent on mining leases, arguing they were entitled to a 50% concessional rate. The High Court had partially restrained the State from demanding royalty above 50% for patta lan…

The appellant, a Junior Clerk, was charged under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and faced a departmental inquiry that initially proceeded ex‑parte. After the appellant objected, the inquiry was recalled and conducted de novo with his full participation, leading to…

The appellant, a state agriculture marketing board, terminated the services of workman Mohan Lal in February 1986 without notice or retrenchment compensation. The workman raised an industrial dispute six years later, and the Labour Court held the termination violated Section 25‑F of the Industrial Disputes Act, 1947, o…

The appellant, DAV Public Schools in Odisha, sought to revise its fee structure to meet higher salary obligations arising from the 6th Central Pay Commission. The High Court held that, as private unaided institutions, the schools were subject to the Orissa Education Act, 1969 and could not unilaterally raise fees. The …

The late Maharaja Vikramsinhji of Gondal created several foreign trusts in the United States and the United Kingdom. After his death, the Income Tax and Wealth Tax authorities assessed tax on the income of the UK trusts, arguing that they were specific trusts whose income accrued to the settlor and later to his son. Th…

The dispute involved a suit for specific performance of a land sale agreement where the trial court decreed specific performance, the District Judge reversed the decree and ordered a refund of earnest money, and the High Court allowed a second appeal, set aside the District Judge’s order and restored the trial court de…

The appellant, a judicial officer, was not promoted to the substantive vacancy of the Uttar Pradesh Higher Judicial Service (UPHJS) and was reverted to Civil Judge (Senior Division) after the selection committee and the full court relied on adverse remarks in his Annual Confidential Report (ACR) that labeled him "irres…

The case concerned a block assessment of undisclosed income for the period 01‑04‑1989 to 10‑02‑2000, where the Assessing Officer failed to levy surcharge under Section 113 of the Income‑Tax Act. The Commissioner of Income Tax sought to levy surcharge retrospectively, relying on a proviso inserted in Section 113 by the …

The case concerned the validity of a 1997 Office Memorandum that withdrew an earlier 1970 order which had relaxed qualifying marks for Scheduled Caste and Scheduled Tribe candidates in departmental promotion examinations. The appellants argued that the withdrawal violated the constitutional provisions allowing reservat…

A suit for partition of a Mitakshara coparcenary property was filed by a son (respondent No.1) against his father, brother and two sisters (the appellants). The trial court passed a preliminary decree in 1999, amended in 2003, determining the parties' shares, but a final decree had not been rendered. While the suit was…

Phulchand Exports Ltd. (seller) shipped 1,000 metric tons of rice to 000 Patriot (buyer) under a CIF contract but delayed shipment by 16 days and loaded the goods on a vessel that was not bound for the agreed destination, causing the cargo to be lost. The buyer invoked a reimbursement clause in the contract and obtaine…

The plaintiffs filed a suit for declaration and injunction and later amended the plaint, increasing the valuation and creating a deficiency in court fee. The trial court did not order a time limit for payment of the deficit fee. The defendants appealed; the first appellate court observed the lack of a time order and al…

The Supreme Court examined whether Section 8 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 applies to psychotropic substances that are listed in the Act’s Schedule but not in Schedule‑I of the NDPS Rules. It held that the prohibition in Section 8 is absolute and covers all such substances, and that…

The National Council for Teacher Education (NCTE) derecognised several teacher‑education institutions under Section 17 of the NCTE Act, 1993. The institutions challenged the derecognition in the Madhya Pradesh and Delhi High Courts, which gave conflicting rulings on whether a prior inspection under Section 13 of the Ac…

The parties entered into a construction agreement and a dispute was referred to arbitration, resulting in an award dated 14 February 2001. The appellants deposited the full award amount with the High Court on 24 May 2001 while objections to the award were pending, and later the High Court ordered post‑award interest at…

Alister Anthony Pareira was convicted for causing the death of seven labourers and grievous injuries to eight others by driving a car rashly and negligently while under the influence of alcohol. The Supreme Court examined whether a person could be tried and convicted under both s.304(Part II) IPC (culpable homicide not…

Bharat Lal Sharma was murdered in 2008 and the police filed a charge‑sheet naming Hari Singh as the sole accused. After Hari Singh was committed to the Sessions Court, the victim's father filed a private complaint under Section 200 CrPC against Jile Singh and Jayveer Singh. The Chief Judicial Magistrate, relying on Sec…

The Supreme Court examined the procedure followed by the Calcutta High Court in handling applications under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of arbitrators. The High Court had a Designate Judge first determine that the request for appointment was proper and then referred t…

The case involved the murder of Kamini Verma and her uncle Rakesh Kumar by accused Dheeraj Verma and Deepak Verma, who allegedly fired a double‑barrel gun after a rejected marriage proposal. The prosecution relied on the victim’s dying declaration, corroborated by three eyewitnesses, and on evidence that the second acc…

CESC Ltd., an electricity supplier, used franking machines to post monthly consumption bills as 'book post' at Rs 1 per bill based on a 29 May 1997 letter from the Director of Postal Services. The Postal Authority later cancelled that instruction on 29 October 1998 and demanded a deficit of Rs 1,83,89,410, alleging the…

The State of Madhya Pradesh challenged the constitutional validity of clause (d) of Article 45 in Schedule 1‑A of the Indian Stamp Act, 1899, as amended by the Madhya Pradesh Stamp Amendment Act, 2002, which imposes a 2% stamp duty on power‑of‑attorney instruments given without consideration to persons who are not bloo…

The appeal concerned two direct‑recruits to the Senior Branch of the Orissa Superior Judicial Service who challenged a High Court order that gave seniority to a writ petitioner for his service as an ad hoc Additional District Judge in a Fast Track Court. The petitioner had been promoted on an ad hoc basis under the Ori…

The State of Rajasthan leased land to Hindustan Zinc Ltd. for extracting lead and zinc under the Mines and Minerals (Development and Regulation) Act, 1957. The State issued notices demanding additional royalty, arguing that royalty should be payable on all metal extracted, including that remaining in tailings. Hindusta…

N.C. Das, a Grade‑II civil judge of the Tripura Judicial Service, filed a writ petition under Article 32 challenging (i) the denial of his promotion to Grade‑I despite his seniority and (ii) the refusal to extend his service up to the age of 60 years as provided in the amended Rule 20 of the Tripura Judicial Service Ru…

The appellant filed a complaint under the Advocates Act alleging that the respondent advocate had filed vakalatnamas without authority and forged fictitious compromise deeds, thereby defrauding parties in consolidation courts. The State Bar Council's Disciplinary Committee examined oral and documentary evidence, includ…

The appellant, Abuzar Hossain @ Gulam Hossain, claimed that he was a juvenile at the time of the alleged offence and therefore could not be tried in a regular criminal court. The claim was not raised in the trial or earlier appeals, and the question before the Supreme Court was whether a claim of juvenility under s.7A …

The State of West Bengal filed a Section 34 application to set aside an arbitral award before the District Court of Jalpaiguri, while the High Court of Calcutta had earlier entertained interim relief under Section 9 and appointed an arbitrator under Section 11. The High Court held that, under Section 42 of the Arbitrat…

The appellant, Padubidri Damodar Shenoy, gave a notice of voluntary retirement under Regulation 12(b) of the Service Regulations on 30 September 2005, having completed 29 years of service. The competent authority neither approved nor rejected the application within the three‑month notice period, and the appellant conti…

The appellant, M/s Shaha Ratansi Khimji & Sons, held a lease over a godown on a portion of land. The respondent, Proposed Kumbhar Sons Hotel Ltd., purchased the lessor's interest, demolished the building and dug a trench that threatened the godown, and asked the appellant to vacate. The appellant claimed that the lease…

The State of Orissa recommended POSCO for a prospecting licence, which Geomin Minerals & Marketing (P) Ltd. challenged, claiming a preferential right as an earlier applicant. The Orissa High Court set aside the recommendation, holding Geomin had such a right, but the Supreme Court found the writ petition premature beca…

Four accused escaped from police custody in Gwalior in 2001, allegedly with police collusion, and subsequently murdered 14 villagers. A public interest writ petition was filed alleging police torture of a particular community, prompting the High Court to direct the CBI to investigate the escape and the role of police o…

GlaxoSmithKline Pharmaceuticals Ltd challenged notices issued by the Drug Inspector after a price‑fixation notification under the Drugs (Prices Control) Order, 1995. The issue was whether the notified ceiling price became operative for all sales immediately, or whether manufacturers could continue to sell pre‑notificat…

Nishant Sareen, a Drug Inspector, was caught accepting a bribe and the Vigilance Department sought sanction to prosecute him under Section 19 of the Prevention of Corruption Act, 1988. The Principal Secretary (Health) first refused sanction, deeming the case frivolous, but later reversed the decision and granted sancti…

The appellant, Ram Chandra Bhaghat, was convicted under Section 493 of the Indian Penal Code for deceiving the complainant into believing she was his lawful wife, cohabiting with him for nine years and bearing two children. The prosecution proved that the appellant obtained a signed marriage registration form, induced …

The Tamil Nadu Wakf Board filed a suit seeking a declaration that certain land and a superstructure were Wakf property and to obtain vacant possession. The tenant-defendants relied on the Madras City Tenants' Protection Act, 1921, asserting a right to purchase the land under Section 9 of that Act and argued that the su…

The appellants were charged with murder and related offences based primarily on a dying declaration (Ex.P‑22) recorded by a police constable who wrote the victim's words as dictated by a police inspector, with later overwriting and insertion of names in different ink. The trial court found the declaration unreliable, n…

The Commissioner of Income Tax appealed against M/s Excel Industries Ltd., contending that the value of advance licence and duty‑entitlement pass‑book benefits under the import‑export policy should be taxed in the year they were received under s.28(iv) of the Income Tax Act. The assessee argued that such benefits are o…

The appellant, a District and Sessions Judge in Madhya Pradesh, was compulsorily retired in 2004 on the recommendation of the High Court Full Court, which cited adverse entries in his service record. He challenged the retirement before the High Court, obtaining a temporary reinstatement order from a Single Judge, which…

The petitioners, holders of jenmi rights in Malabar, Kerala, challenged the State's demand for royalties on minerals extracted from their lands, arguing that they owned the sub‑soil. The Kerala High Court held that the minerals belonged to the State and dismissed the writ petitions. On appeal, the Supreme Court examine…

The case concerned an election petition challenging the 2009 Lok Sabha election of G.M. Siddeshwar, wherein the petitioner Prasanna Kumar alleged corrupt practices. The petitioner filed an affidavit in the form prescribed by Rule 94‑A (Form No.25) but the affidavit was not in exact format and the verification was defec…

Vasudha, married to Laxman Ram Mane, drowned in a river about one and a half years after her marriage. The prosecution alleged that the husband, aided by his sisters, harassed her and maintained an illicit relationship with a woman named Pragati, leading to her suicide. The trial court convicted the husband under Secti…

The Puducherry SC People Welfare Association, representing Scheduled Caste residents of the Union Territory, challenged two Government Orders dated 5 August 2005 that limited reservation benefits in promotion, employment and professional courses to SCs of "origin" of Pondicherry. The High Court dismissed the writ petit…

The case concerns the Mullaperiyar dam, a masonry dam built on the Periyar River in Kerala but owned and operated by Tamil Nadu. Tamil Nadu filed a suit under Article 131 of the Constitution seeking to enforce its rights under the 1886 lease agreement and to raise the dam’s full reservoir level (FRL) to 142 ft, as prev…

The Bank of Maharashtra obtained a recovery certificate against Paper and Pulp Conversions Ltd. and, through the Debt Recovery Tribunal (DRT), sold the company's movable assets, retaining a portion of the proceeds. The company was subsequently ordered to be wound up and an official liquidator was appointed. The workmen…

The petitioners challenged the applicability of the Orissa Municipal Act, 1950 to Sundargarh district, a Scheduled Area, after the commencement of Part IX‑A of the Constitution. The Court held that Part IX‑A does not apply to Scheduled Areas unless extended by Parliament, which it has not been, and therefore the Act re…

The appellants, purchasers, issued post‑dated cheques as advance payment for aircraft parts ordered from the respondent supplier. The supplier cancelled the orders and returned the cheques, but the cheques were later presented and dishonoured, leading to a complaint under Section 138 of the Negotiable Instruments Act, …

The appellant, a nominee of a bank account held by his deceased mother, claimed exclusive rights over the deposit, arguing that Section 45ZA(2) of the Banking Regulation Act, 1949 made him the sole owner, thereby excluding his brother, the respondent. The Court examined the language of the provision, holding that it me…

The case involved the rape and murder of a mill worker, Chitra, for which Rathinam, the son of the mill owner, was charged under Sections 376, 302 and 201 of the IPC. The trial court acquitted all accused, but the High Court reversed this acquittal based largely on the later statements of two witnesses, PW‑4 and PW‑5, …

The appellant challenged the rejection of Jaswant Singh's nomination, arguing that despite being disqualified, he should be treated as a 'candidate' under Section 79(b) of the Representation of the People Act, 1951 and thus be joined as a respondent under Section 82(b) of the same Act in an election petition alleging c…

The Supreme Court examined the constitutional validity of clause (5) of Article 15 inserted by the Constitution (Ninety‑third Amendment) Act, 2005 and Article 21A inserted by the Constitution (Eighty‑sixth Amendment) Act, 2002. It held that neither amendment alters the basic structure of the Constitution nor abrogates …

The Supreme Court examined the Karnataka Government Order of 29‑April‑1994 that mandated mother‑tongue or Kannada as the medium of instruction in classes I‑IV of all government‑recognised schools. The Court clarified that ‘mother‑tongue’ in Art. 350A refers to the language of the linguistic minority group, to be determ…

The Court examined whether a composite contract for the manufacture, supply and installation of lifts constitutes a "sale of goods" or a "works contract" for tax purposes under Article 366(29A)(b) of the Constitution and related sales‑tax statutes. The petitioners argued that the installation component made the contrac…

The Supreme Court examined the constitutional validity of Section 6‑A of the Delhi Special Police Establishment Act, 1946 (inserted by Section 26(c) of the Central Vigilance Commission Act, 2003), which required prior approval of the Central Government before the CBI could inquire into or investigate alleged offences u…

The plaintiff, a builder, sued the owners of a residential property for specific performance of an alleged oral collaboration agreement to develop the land. The High Court, noting the suit's low chance of success and heavy court dockets, ordered the plaintiff to furnish an undertaking to pay Rs.25 lakhs as damages if h…

In a partition suit governed by Sunni law, the defendant claimed that his father had gifted him immovable property by a written hiba deed dated 5‑2‑1968 and that the deed, though unregistered, was valid. The trial court held the gift valid, but the High Court set it aside on the ground that an instrument of gift of imm…

The appellants purchased a flat from a detenu and his wife after notices under Section 6 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) had been served, and later the Competent Authority forfeited the property under Section 7, declaring it vested in the Central Government…

The Board of Trustees of Martyrs Memorial Trust, a public charitable trust, was allotted government accommodation in Ballia, Uttar Pradesh, which was later cancelled by the District Collector who also acted as the Trust's Secretary. The Trust challenged the cancellation, alleging the Collector acted without a Trust mee…

The appellant U.P. Hindi Sahitya Sammelan challenged the constitutionality of the Uttar Pradesh Official Language (Amendment) Act, 1989, which added Section 3 to the 1951 Act and a notification declaring Urdu as a second official language for seven specified purposes. The issue was whether, after adopting Hindi as the …

A vacancy for promotion of 22 Forest Rangers arose on 1 January 1989, but the promotion process was stalled by an interim order of the Calcutta High Court restraining the authorities from promoting the private respondents. The stay was vacated on 11 December 1990, after which the selection process commenced and the Wes…

The appellant challenged the detention of his father under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981. The detenu had been arrested for an offence on 14 August 2010 and was released on bail on 15 August 2010, with a bail condition later r…

The appellant, Seva Lal, obtained a mutation order from the Naib Tehsildar, which the respondents challenged under Section 210 of the Uttar Pradesh Land Revenue Act, 1901. The Sub‑Divisional Officer remanded the matter, leading the appellant to file a revision under Section 218 before the Additional Commissioner, which…

The Bar Council of India challenged the constitutional validity of Sections 22‑A to 22‑E of the Legal Services Authorities Act, 1987 (as inserted by the 2002 Amendment), arguing that they were arbitrary, violated Articles 14 and 21, denied a right of appeal and encroached on the jurisdiction of special statutes. The Su…

Amar Singh was convicted under Sections 498A and 3048 IPC for the dowry death of his wife, who died in a fire within ten months of marriage. The prosecution proved that the husband had repeatedly taunted the wife for not providing a scooter or Rs.25,000, establishing harassment in connection with a dowry demand shortly…

The case concerned whether Supervisors in the Andhra Pradesh Engineering Service could be granted retrospective seniority when they were appointed as Junior Engineers under G.O.Ms No. 54 dated 15‑02‑1983. The Supreme Court held that while statutory rules may have retrospective effect, such retroactivity must satisfy Ar…

Shri Lal Mahal Ltd., the seller, sought to resist enforcement of two foreign appeal awards (Nos. 3782 and 3783) passed by the Board of Appeal of the Grain and Feed Trade Association, London, on the ground that the awards contravened the contract and were contrary to public policy of India. The Delhi High Court had uphe…

Swastik Gases Pvt. Ltd. entered into a consignment agency agreement with Indian Oil Corp. that contained a clause stating the agreement was subject to the jurisdiction of the courts at Kolkata. When a dispute arose, Swastik filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 in the Rajas…

The appellant, a member of Raia Village Panchayat in Goa, was disqualified by the State Election Commission under Section 10(f) of the Goa Panchayat Raj Act, 1994 because her husband secured a contract with the same Panchayat for collection of market fees. The appellant challenged the disqualification, arguing that mer…

The claimant, Saju P. Paul, a heavy‑vehicle driver employed by another company, was travelling as a "spare driver" in the cabin of a goods vehicle that met with an accident in 1993. The vehicle owner had taken a motor‑vehicle insurance policy covering only the driver and cleaner, not a spare driver. The Motor Accident …

The plaintiff filed a suit against the Greater Hyderabad Municipal Corporation and the Assistant City Planner challenging a notice issued under Section 452 of the GHMC Act, 1955. The plaintiff's neighbour (appellant) sought to be impleaded, claiming infringement of his right to light and air. The trial court allowed th…

The appellants owned 1.45 acres of land on which they had raised the level, built a structure and operated a saw‑mill that was their sole livelihood. The Tamil Nadu Government, acting on a requisition by Cholan Roadways Corporation Ltd., issued a notification under Section 4(1) of the Land Acquisition Act, 1894 and lat…

The petitioners, convicted of murder and sentenced to death, challenged the constitutionality of Order XL Rule 3 of the Supreme Court Rules, 1966, which mandates that review petitions be disposed of by circulation without oral argument. The Supreme Court examined whether Article 21 of the Constitution, which guarantees…

The Supreme Court examined whether teachers of primary sections (Classes I‑V) in schools that were originally recognised as Senior Basic Schools (Classes VI‑VIII) and later added a primary section are entitled to salaries under the Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) …

The petitioners challenged the constitutional validity of Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), which authorises preventive detention of persons whose activities are prejudicial to the conservation or augmentation of foreign exchange. They argu…

Two Indian fishermen were killed when an Italian-flagged vessel, M.T. Enrica Lexie, allegedly opened fire while its Naval Military Protection Squad (NMP) was on board. The Kerala Police detained the vessel and a Circle Inspector issued a notice prohibiting it from sailing without permission. The vessel challenged the d…

The wife filed a complaint against her husband under IPC sections 494 and 498A. During trial the husband entered into a settlement promising to take her back despite having taken a second wife. She initially expressed willingness to live with both, but later alleged breach of the settlement and petitioned the trial cou…

The Supreme Court examined whether the multiplier in the Second Schedule of the Motor Vehicles Act, 1988 should be applied to compensation claims under s.166 (fault liability). It approved the multiplier table and related guidelines formulated in Sarla Verma’s case for selecting the multiplier, adding future‑prospect i…

The plaintiffs obtained a decree for permanent injunction, which was set aside by a first appellate court that remanded the suit for fresh trial under Order 41 Rule 23A of the Code of Civil Procedure. The plaintiffs filed a civil miscellaneous appeal under Order 43 Rule 1(u) challenging the remand order, but the Madras…

In the 25‑Champua Assembly constituency, an independent candidate died after the withdrawal deadline but before polling, yet his name remained on the Electronic Voting Machine (EVM) and he received 550 votes. The election petitioner alleged that, had the deceased candidate’s name been masked, those votes would have gon…

The respondent, a Judicial Officer, applied for recruitment to the Andhra Pradesh Judicial Service stating his date of birth as 1 July 1949 based on his school certificate, but later obtained a civil decree declaring his birth as 29 March 1953 and used that date at the time of joining service in 1985. He later sought c…

Durga Charan Rautray, a contractor, completed a dam construction project for the State of Orissa but later claimed additional payments for price escalation, material supply, royalty refund and interest. The parties' contract contained an arbitration clause (clause 23) and the disputes were referred to an arbitral tribu…

The complainant filed a criminal complaint alleging offences under sections 420, 467, 468, 471 and 120‑B IPC. The Chief Judicial Magistrate, invoking s.202 CrPC, ordered a police investigation and later dismissed the complaint under s.203, stating the dispute was civil. The complainants sought revision under s.397 read…

Arvind Gupta filed a writ petition under Article 32 challenging the Comptroller and Auditor General of India's (CAG) power to issue performance audit reports under the Regulations on Audit and Accounts, 2007, framed pursuant to the Comptroller & Auditor General's (Duties, Powers and Conditions of Services) Act, 1971. T…

U.C. Raman challenged the election of P.T.A. Rahim, who was Chairperson of the Kerala State Haj Committee, on the ground that the post constituted an "office of profit" under Article 191(1)(a) and thus disqualified him from contesting the Kerala Legislative Assembly election. The High Court held that the position was n…

Manohar Lal Sharma filed a writ petition challenging Press Notes that introduced a policy permitting up to 51 % foreign direct investment in multi‑brand retail trading, contending that the policy was unconstitutional and beyond the government’s authority. The Court examined the competence of the Central Government and …

The appellant filed an FIR alleging that the respondents forged a will to obtain a mutation order over disputed land. While the criminal trial was pending, the appellant instituted a civil suit seeking declaration of title, injunction and possession of the land. The respondents moved to stay the civil suit on the groun…

Bharatkumar Shantilal Thakkar, a subordinate judicial officer in Gujarat, filed a writ petition under Article 32 seeking the implementation of the 1st National Judicial Pay Commission's recommendation of three advance increments for judges with higher law qualifications. The Gujarat Government, by a resolution dated 14…

The appellants challenged the acquisition of their land for a bus stand, arguing that the preliminary notification issued on 01‑05‑1980 had lapsed because the declaration under Section 6 was made on 19‑03‑1987, well beyond the two‑year limit imposed by Section 5(2) of the 1981 Amendment Act, and that the State’s invoca…

The voter Bishnu Deo Bhandari filed an election petition challenging the Lok Sabha election of Mangani Lal Mandal on the ground that Mandal had omitted information about his first wife, dependent children and their assets in the affidavit filed with his nomination papers. The Patna High Court set aside Mandal's electio…