RANGANATH MISRA
239 judgments delivered by benches including this judge — showing 1–200.
WORKMEN REPRESENTED BY SECRETARYversusMANAGEMENT OF REPTAKOS BRETT. AND CO. LTD. AND ANR.
The Madras‑based Reptakos Brett & Co. had for about thirty years paid its workmen a slab system of Dearness Allowance (DA) linked both to the cost‑of‑living index and to basic wages. In 1983 a dispute led the Industrial Tribunal to abolish the slab system and to order DA to be linked only to the cost‑of‑living index; t…
M.C. MEHTAversusSTATE OF TAMIL NADU AND ORS.
M.C. Mehta filed a public‑interest writ petition under Article 32 challenging the employment of children in the hazardous match‑making and fireworks factories of Sivakasi, Tamil Nadu. The Supreme Court examined the constitutional mandate of Articles 39(f) and 45, which require protection of children from exploitation a…
U.P. JUNIOR DOCTORS' ACTION COMMITTEEversusDR. B. SHEETAL NANDWANI AND ORS.
The Supreme Court examined a scheme in which a fabricated order allegedly issued by a Single Judge of the Allahabad High Court on 25 May 1990 was used to obtain a subsequent order from the Lucknow Bench directing cancellation of the competitive postgraduate medical entrance exam and admission of candidates on the basis…
DR. DINESH KUMAR AND ORS.versusMOTI LAL NEHRU MEDICAL COLLEGE, ALLAHABAD AND ORS.
The Supreme Court entertained an interlocutory application by the State of Uttar Pradesh and seven medical colleges seeking time to implement the Court's 1987 directions on admission to postgraduate medical courses. The Court held that the directions were clear, unambiguous and left no scope for confusion or a bona‑fid…
CHARAN SINGHversusBIRLA TEXTILES & ANR.
The appellant, a former employee of the respondent firm, resigned in May 1983 and applied for payment of gratuity, which the employer failed to determine. The statutory controlling authority quantified the gratuity at Rs.16,380 and ordered payment of 9% compound interest under Section 8 of the Payment of Gratuity Act, …
BAKSHI SARDARI LAL (DEAD) THROUGH LRS & ORS. ETC.versusUNION OF INDIA & ANR.
Eighteen Delhi Armed Police officers were dismissed in 1967 under Article 311(2) proviso clause (c) without an inquiry. The Supreme Court quashed those orders in 1971, reinstating the officers, but the Government issued fresh dismissal orders in June 1971 invoking the President's personal satisfaction. The petitioners …
LT. COLONEL K.D. GUPTAversusUNION OF INDIA & ORS.
Lt. Colonel K.D. Gupta filed a contempt petition alleging that the Union of India and other respondents had failed to comply with the Supreme Court's April 20, 1988 directions to reconsider his promotion in view of his continued Shape‑I medical categorisation. The Court examined whether the respondents had properly re‑…
GHAZIABAD SHEROMANI SAHKARI AVAS SAMITI LIMITED & ANR. ETC.versusSTATE OF U.P. & ORS. ETC.
Five cooperative housing societies comprising low‑paid government servants had purchased land in Ghaziabad to build residential units for their members. The State later issued a notification under sections 4(1) and 17(1) of the Land Acquisition Act, 1894, to acquire the same land for the Ghaziabad Development Authority…
RURAL LITIGATION & ENTITLEMENT KENDRAversusSTATE OF U.P.
The Supreme Court entertained a public‑interest writ filed by Rural Litigation & Entitlement Kendra alleging illegal limestone mining in the Mussoorie‑Dehradun belt that was harming the ecology and forest cover. Several expert committees (Bhargava, Working Group, Bandyopadhyay) classified the mines into categories A, B…
S.B. SARKAR AND ORS.versusUNION OF INDIA AND ORS.
The case concerned Station Masters (SMs) of the South Eastern Railway who claimed that the 1984 restructuring scheme, which applied alternative ‘I’ intended for a combined ASM/SM cadre, was wrongly applied to their zone where the cadre was separate prior to 1983. The appellants argued that the Chief Personnel Officer’s…
STAR ENTERPRISES ETC. ETC.versusCITY AND INDUSTRIAL DEVELOPMENT CORPORATLON OF MAHARASHTRA LTD. & ORS.
Star Enterprises and other appellants submitted the highest monetary offers for lease of plots in response to a public tender issued by the City and Industrial Development Corporation (CIDC) of Maharashtra, a government company acting as a New Town Development Authority. The CIDC rejected these offers without providing…
JAGRIT MAZDOOR UNION (REGD.) & ORS. ETC. ETC.versusMAHANAGAR TELEPHONE NIGAM LTD. & ANR. ETC. ETC.
The petitioners, reserve trained pool telephone operators (RTPs) of Delhi and Bombay telephone nigams, and various categories of casual labourers in the Department of Posts, sought parity with regular employees in service benefits after being absorbed as regular staff. The Court examined earlier orders dated 28 July 19…
SMT. BHAGWANTI AND ANR.versusUNION OF INDIA
The widows of two retired government servants—Smt. Bhagwanti (ex‑Subedar) and Smt. Sharda Swamy (retired railway employee)—filed writ petitions under Article 32 seeking family pension after their husbands' deaths. The Union of India denied the pensions, relying on Rule 54(14)(b) of the Central Civil Services (Pension) …
SHEELA BARSEversusUNION OF INDIA & ORS.
Sheela Barse filed a public interest writ (Criminal) seeking the release of children detained in jails and various remedial measures. Dissatisfied with delays and alleging loss of dignity, she filed a miscellaneous petition to withdraw the main PIL, claiming a right to be the petitioner‑in‑person and to control the pro…
SETH BANARSI DASS GUPTA & ANR. ETC.versusCOMMISSIONER OF INCOME-TAX, DELHI.
Banarsi Das, a partner who acquired a one‑sixth share in a sugar mill, received periodic payments from other partners under lease arrangements after the firm was placed under a court‑appointed receiver. The assessee claimed that these receipts were capital in nature and that depreciation could be claimed on the one‑six…
PARAS NATH AND ANR. MAMMAN SINGH AND ORS.versusUNION OF INDIA AND ORS.
The petitioners, comprising about 1,000 Dairy Mates and 280 Junior Plant Operatives and Semi‑Skilled Operatives of the Delhi Milk Scheme, challenged their classification as unskilled workers and the corresponding pay scales fixed by the 4th Pay Commission. The Union of India contended that the workers performed unskill…
TEKCHAND & ANR.versusTEKCHAND, SUPDT. OF POLICE & ORS.
The case concerned an incident that occurred on 2 April 1974, for which a First Information Report was filed suo motu by the police in November 1977, more than three years later, based on a Commission of Inquiry report. The victims of the alleged injuries were themselves produced before the Judicial Magistrate on 3 Apr…
S. HARCHARAN SINGHversusUNION OF INDIA
S. Harcharan Singh was contracted to perform hard‑rock cutting for a bridge project at a fixed rate of Rs 129 per 1,000 cft. The work required far more cutting than anticipated, and the contractor claimed a higher rate of Rs 200 per 1,000 cft for the additional work. The dispute over four claims was referred to arbitra…
PT. PARMANAND KATARAversusUNION OF INDIA & ORS.
The petitioner, a human‑rights activist, filed a writ under Article 32 seeking a direction that every injured person brought to a hospital be given immediate medical aid, citing a newspaper report of a death where doctors refused treatment pending police formalities. The Union of India, the Medical Council of India and…
COLLECTOR OF CENTRAL EXCISE, CALCUTTAversusMULTIPLE FABRICS PVT. LTD. ETC.
The respondents, manufacturers of PVC conveyor belting, contended that the product should be classified under the residuary Item 68 of the Central Excise Tariff, while the Revenue argued it fell under Item 22 (man‑made fabrics). The Excise & Gold (Control) Appellate Tribunal found that PVC compounding was carried out s…
R.K.UPADHYAYAversusSHANABHAI P. PATEL
The respondent challenged a notice of reassessment issued under section 147(b) of the Income‑Tax Act, 1961 for the assessment year 1965‑66, arguing that the notice was barred by the statutory limitation. The Gujarat High Court quashed the notice, relying on the earlier Banarsi Debi decision which treated the date of se…
SMT. YAMUNA MALOOversusANAND SWARUP
The landlady obtained a limited tenancy for two years under Section 21 of the Delhi Rent Control Act, 1958. After the tenancy expired, the tenant refused to vacate and the landlady applied for a warrant of possession. The tenant raised an objection to the validity of the limited tenancy only after the lease had lapsed.…
UNION OF INDIA AND ORS.versusNAIK SUBEDAR CLK(S) BALESHWAR RAM AND ORS.
Three army personnel were tried by a General Court Martial for theft, convicted, sentenced and dismissed from service. They challenged the conviction and dismissal before the Guwahati High Court, which set aside both on the ground that the trial violated Rule 22 of the Army Rules, 1954, which requires a prior inquiry. …
MUNICIPAL BOARD OF ABU ROADversusJAISHIV & ORS. ETC.
The State Government of Rajasthan, under section 104 of the Rajasthan Municipalities Act, 1959, issued notifications revising octroi rates for cloth in the Abu Road municipality (1964) and later for all cloth in Sujangarh municipality (1976). Both were challenged on the ground of discrimination and violation of Article…
K.S. VORA AND OTHERSversusSTATE OF GUJARAT AND OTHERS
The appellants, who had joined the Gujarat Subordinate Secretariat Service as clerks‑cum‑typists before the 1960 bifurcation of Bombay State, challenged the Gujarat Subordinate Secretariat Service (Seniority of Assistants) Rules, 1977. The Rules, framed with retrospective effect from May 1, 1960, fixed seniority among …
RAKESH CHANDRA NARAYANversusSTATE OF BIHAR
A public‑interest writ under Article 32 of the Constitution was filed concerning the deplorable conditions at the Mental Hospital, Kanke, Ranchi. The Court ordered the State of Bihar to file a counter‑affidavit and directed a Chief Judicial Magistrate to inspect the hospital, whose report revealed severe shortages of w…
UNION OF INDIA ETC. ETC.versusK.V. JANKIRAMAN ETC. ETC.
The Supreme Court examined the “sealed‑cover” procedure used when a government employee’s promotion is pending but disciplinary or criminal proceedings are underway. It held that the procedure can be invoked only after a charge‑memo or charge‑sheet has been served, and that preliminary investigations do not trigger it.…
SUSHIL KUMAR PORWAL AND ORS.versusVIPIN MANEKLAL AND ORS.
The case arose from the seizure of primary gold stored by the widow Ratanbai, who claimed it belonged to her late husband Kesharimal Porwal, while the true owners were his grandsons under a will. The Central Excise authorities confiscated the gold and imposed a penalty on Ratanbai for violating the Gold Control Ordinan…
SMT. KASTURI (DEAD) BY L.RS.versusGAON SABHA
The plaintiff, SMT. Kasturi (deceased), sued Gaon Sabha for a declaration that the inclusion of her disputed property in the Gaon Sabha's land records under the Delhi Land Reforms Act, 1954 was void and that she was entitled to bhumidhari rights under section 11 of the Act. The trial court and the first appellate court…
MRIDULA AVASTHI & ORS. ETC.versusUNIVERSITY OF DELHI & ORS.
The petitioners challenged the University of Delhi's 1988 admission scheme for postgraduate medical courses, which, as a transitory measure, barred candidates who had completed a one‑year housemanship (seniors) from the new three‑year degree and two‑year diploma programmes and used a single common entrance test for bot…
WORKERS OF M/S ROHTAS INDUSTRIES LTD.versusM/S ROHTAS INDUSTRIES LTD.
The workers of Mis Rohtas Industries Ltd. were not paid salaries due from May 1984 to July 8, 1984 despite a Supreme Court order dated 5 February 1986 directing payment in three instalments. The State of Bihar later declared the company a "sick industry" under Section 3 of the Bihar Relief Undertakings (Special Provisi…
ALL INDIA RAILWAY INSTITUTE EMPLOYEES' ASSOCIATION THROUGH THE GENERAL SECRETARYversusUNION OF INDIA THROUGH THE CHAIRMAN
The petition filed under Article 32 by an association of about 2,000 employees of railway institutes and clubs sought to have these workers treated on par with employees of statutory railway canteens. The petitioners argued that the institutes and clubs are integral parts of the railways, receive grants‑in‑aid and othe…
VIJAY KUMAR SHARMA & ORS. ETC.versusSTATE OF KARNATAKA & ORS. ETC.
The petitioners, a group of contract carriage operators, were denied fresh permits under the Motor Vehicles Act, 1988 because the Karnataka Contract Carriages (Acquisition) Act, 1976 (ss. 14 and 20) barred any new applications and gave a monopoly to the State Transport Undertaking. They challenged the refusals before t…
M.M.R. KHAN AND ORS. ETC.versusUNION OF INDIA AND ORS. ETC.
The petitioners were workers in railway canteens classified as statutory, non‑statutory recognised, and non‑statutory non‑recognised. They sought to be treated as railway employees and to receive the same service conditions as other railway staff. The Court examined the statutory duty under Section 46 of the Factories …
BAKULBHAI AND ANR.versusGANGARAM & ANR.
Bakulabai filed a Section 125 CrPC application for maintenance for herself and her son, claiming a lawful marriage with Ganga Ram, who denied the marriage and alleged prior existing marriages. The Judicial Magistrate granted maintenance, but the Sessions Judge reversed the decision; the High Court dismissed Bakulabai's…
SMT. YAMUNABAI ANANTRAO ADHAVversusANANTRAO SHIVRAM ADHAV AND ANOTHER
Smt. Yamunabai married Anantrao Shivram Adhav in June 1974 while he already had a living wife. The marriage, performed under Hindu rites, was challenged for maintenance under Section 125 of the Criminal Procedure Code. The trial court and the Bombay High Court dismissed her claim. The Supreme Court examined whether a w…
ALL BIHAR CHRISTIAN SCHOOLS ASSOCIATION AND ANOTHER.versusSTATE OF BIHAR AND OTHERS.
The All Bihar Christian Schools Association, a religious minority society, challenged the Bihar Non‑Government Secondary Schools (Taking over of Management and Control) Act, 1981, alleging that sections 3 and 18 interfered with its Article 30(1) right to establish and administer minority schools. The Court examined whe…
SUBHASH SHARMA AND OTHERSversusUNION OF INDIA
The Supreme Court entertained three public‑interest writ petitions under Article 32 seeking a mandamus directing the Union of India to fill vacancies in the Supreme Court and the High Courts. The Union initially claimed the issue was non‑justiciable, relying on S.P. Gupta v. Union of India, but later withdrew that obje…
STATE OF GUJARAT & ANR.versusPATEL NARANBHAI NATHUBAI & ORS.
The State of Gujarat issued a preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 on 26 July 1963 and later issued a declaration under Section 6 on 18 January 1969. A writ petition filed in 1972 challenged the declaration on the ground that the 5½‑year gap between the notification and declarat…
ROOP CHAND ADLAKHA AND ORS.versusDELHI DEVELOPMENT AUTHORITY AND ORS.
The Delhi Development Authority (DDA) adopted CPWD rules that required different periods of service for promotion of Graduate Engineers (3 years as Junior Engineers) and Diploma‑Holder Engineers (8 years) to Assistant Engineer, and similarly different experience for promotion to Executive Engineer. Diploma‑Holder engin…
STATE OF GUJARATversusAKHILESH C. BHARGAV & ORS.
MAHARAJA TOURIST SERVICE ETC. ETC.versusSTATE OF GUJARAT
The petitioners, holders of All India Tourist Permits under the Motor Vehicles Acts, challenged the constitutional validity of additional taxes levied by several states on tourist vehicles, arguing that the taxes were neither compensatory nor regulatory and thus violated Articles 19(1)(g) and 301 of the Constitution. T…
MODERN HOTEL, GUDUR REPRESENTED BY M.N. NARAYANANversusK. RADHAKRISHNAIAH & ORS.
The appellant, Modern Hotel, leased a commercial premises for thirty years starting 9 September 1969 and paid an advance of Rs 6,500, of which Rs 1,500 was to be adjusted against rent and the balance of Rs 5,000 was to be refunded after the lease expired. The landlord filed an eviction suit in October 1973 alleging ren…
AYYA ALIAS AYUBversusSTATE OF U.P. & ANR.
Ayya alias Ayub, while already in judicial custody for alleged offences, was detained under Section 3(2) of the National Security Act, 1980 on three grounds alleging threats to public order. The petitioner challenged the detention, arguing that the first two grounds (non‑cognizable bus attacks) lacked a rational nexus …
GOPIKA RANJAN CHOUDHARYversusUNION OF INDIA AND ORS.
The case concerned the Assam Rifles Force, where a Central Record and Pay Accounts Office (C.R. and P.A.O.) was created at the Headquarters in 1962. Following the Third Central Pay Commission, ministerial staff at the Headquarters were placed on higher pay scales than their counterparts in the Battalions/Units. The pet…
SHYAMARAJU HEGDEversusU. VENKATESHA BHAT & ORS.
Shyamaraju Hegde appealed to the Supreme Court against a Karnataka High Court order dismissing his revision petition under Section 115 of the Code of Civil Procedure read with Section 50(1) of the Karnataka Rent Control Act. The High Court had relied on its own Full Bench decision in M.M. Yaragatti v. Vasant, which hel…
DR. DINESH KUMAR & ORS.versusMOTILAL NEHRU MEDICAL COLLEGE, ALLAHABAD & ORS.
The Supreme Court was asked to finalise the scheme for an All India entrance examination to fill the 25% of postgraduate medical seats reserved on the basis of institutional preference, following its earlier judgment in Dr. Pradeep Jain v. Union of India. The Court considered three ancillary issues: the structuring of …
DR. SMT. KUNTESH GUPTAversusMANAGEMENT OF HINDU KANYA MAHAVIDYALAYA, SITAPUR (U.P) & ORS.
Dr. Smt. Kuntesh Gupta, appointed principal of Hindu Kanya Mahavidyalaya, was suspended and later dismissed by the Authorized Controller under the U.P. State Universities Act. The Vice‑Chancellor stayed the suspension, disapproved the dismissal and reinstated Gupta, allowing the Controller to impose a lesser penalty. W…
MODERN INDUSTRIAL CORPORATIONversusCOLLECTOR OF CENTRAL EXCISE & ORS.
Modern Industrial Corporation, a small‑scale manufacturer, bought duty‑paid white paper and converted it into flock paper by manually screen‑printing colour on one side, applying adhesive, sprinkling flock, drying and removing excess flock. It claimed exemption from excise duty under Notification No. 68/76, which exemp…
D. HANMANTH RAO AND ORS. ETC.versusSTATE OF A.P. AND ORS. ETC.
The petitioners, promotee Assistant Engineers of the Andhra Pradesh Roads & Buildings Engineering Service, challenged a seniority list prepared by the State Government after the Supreme Court’s direction in K. Siva Reddy’s case. The Court had ordered that as of 31 December 1982, 37.5% of substantive vacancies be filled…
GENERAL OFFICER COMMANDING-IN-CHIEF & ANR.versusSUBHASH CHANDRA YADAV & ANR.
The respondent, Subhash Chandra Yadav, was appointed as Sub‑Charge of the Cantonment General Hospital, Lucknow, and later transferred to Varanasi under Rule 5‑C of the Cantonment Funds Servants Rules, 1937. He challenged the transfer, arguing that Rule 5‑C, which permits inter‑Board transfers, exceeded the rule‑making …
PARAM HANS YADAV & SADANAND TRIPATHIversusSTATE OF BIHAR & ORS.
Param Hans Yadav and Sadanand Tripathi were convicted for the murder of Collector Mahesh Narain Prasad, Yadav having thrown a bomb and later confessing that he acted on Tripathi's orders. Yadav's confession, both judicial and extra‑judicial, was obtained after he was assaulted and was therefore not voluntary. The Supre…
NIADAR AND ORS. ETC. ETC.versusSTATE OF HARYANA AND ANR. ETC. ETC.
The petitioners filed appeals under Section 54 of the Land Acquisition Act without obtaining the mandatory certificate from the High Court. The Supreme Court Registry sought guidance on whether these petitions could be entertained as Section 54 appeals or should be treated as special leave petitions under Article 136 o…
UNION OF INDIA & ORS.versusVISVESWARAYA IRON & STEEL LTD.
The petitioners filed a Special Leave Petition (SLP) on 7 July 1985 without explaining the delay in seeking relief. The case originated from a certified copy sent by the Collector of Central Excise to the Ministry of Finance, which was subsequently routed to the Ministry of Law after a series of administrative delays. …
CENTRAL BOARD OF DIRECT TAXES AND ANR.versusDR. O.N. TRIPATHI AND ORS.
Dr. O.N. Tripathi and Shri Sinha, direct‑recruit Income Tax Officers, Class‑I, claimed that they were not promoted to Assistant Commissioner in accordance with the seniority list prepared under the Supreme Court directions in Bishan Sarup Gupta and Majji Jangamayya cases. The Central Administrative Tribunal quashed the…
N.D.M.C.versusSTATESMAN LTD.
The New Delhi Municipal Committee (NDMC) rejected revised building plans of Statesman Ltd. on fire‑safety grounds, particularly the provision of refuge areas and the absence of a pedestrian walk‑way and podium required by zoning plans. The Delhi Urban Art Commission and the Chief Fire Officer cleared the plans, and the…
WORKERS OF ROHTAS INDUSTRIES LTD.versusROHTAS INDUSTRIES LTD.
The workmen of Rohtas Industries Ltd., whose four industrial units were closed on 9 September 1984, filed a writ petition under Article 32 seeking payment of arrears, compensation and other statutory dues. The Patna High Court had appointed a provisional liquidator, but the Supreme Court, invoking the Sick Industrial C…
A.L. AHUJAversusUNION OF INDIA
A.L. Ahuj a, an engineer in the Central Public Works Department, was compulsorily retired under Rule 56(j)(i) of the Fundamental Rules while holding an officiating Class II post. He challenged the retirement, arguing that the earlier Supreme Court decision in Union of India v. K.R. Tahiliani held that Rule 56(j)(i) doe…
N. NAGARAJA ETC.versusVASANT K. GUDODAGI AND ORS.
N. Nagaraja, originally a Lecturer, was deputed to the Karnataka Directorate of Youth Services, confirmed as Assistant Director and temporarily promoted to Deputy Director on 27 March 1978 for six months. A regular promotion order was issued on 20 October 1978, followed by a retrospective order on 22 December 1978 that…
K.V. SUBBA RAO & ORS. ETC.versusGOVERNMENT OF ANDHRA PRADESH & ORS.
The Andhra Pradesh Revenue Subordinate Service Rules, 1961 provided for appointment of Deputy Tehsildars by direct recruitment or transfer, with seniority to be determined under Rule 33(a) of the General Rules. Direct‑recruit Deputy Tehsildars challenged the seniority accorded to them over promotee Deputy Tehsildars, b…
K. SIVA REDDY & ORS. ETC.versusSTATE OF ANDHRA PRADESH & ORS.
The petitioners, directly recruited Assistant Engineers, challenged the Chief Engineer's order that retrospectively regularised the temporary service of promotees from 1972‑75 to the Assistant Engineer cadre, alleging it violated the Andhra Pradesh (Roads and Buildings) Engineering Service Rules, 1967. The Court examin…
DESOOLA RAMA RAO & ANR.versusSTATE OF ANDHRA PRADESH & ORS.
The appellants, directly recruited Assistant Engineers in 1966, claimed promotion to Executive Engineer on the basis that they were senior to promotee Assistant Engineers (respondents 3 and 4) who had been temporarily appointed in 1959‑1960 and regularised in 1961 under Rule 23(a) of the Andhra Pradesh State & Subordin…
SPACO CARBURETTORS (INDIA) LTD.versusCOLLECTOR OF CUSTOMS, BOMBAY
Spaco Carburetiors (India) Ltd imported a special purpose complex machine used to plug holes in carburetor bodies with lead shots. The Revenue classified it under entry 84.59 of the Customs Tariff (residuary entry) attracting 60% duty, while the importer argued it fell under entry 84.45/48 (machine tools) attracting 40…
VIRENDRA KUMAR & ORS.versusKRISHI UTPADAN MANDI SAMITI & ORS.
The petitioners, producers of Khandsari sugar, argued that as mere producers they were exempt from obtaining a licence and paying market fee under the U.P. Utpadan Mandi Adhiniyam, 1964. The respondents, the Krishi Utpadan Mandi Samiti, contended that the petitioners were "traders" within the meaning of the Act and the…
NYADAR SINGH & ANR.versusUNION OF INDIA & ORS.
The Supreme Court examined two appeals by government servants, Nyadar Singh and M.J. Ninama, who had been punished with "reduction in rank" under Rule 11(vi) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, to posts lower than those to which they were directly recruited. The appellants co…
KRISHNA SAHAI & ORS.versusSTATE OF U.P. & ORS.
The petitioners filed a writ petition in the Allahabad High Court challenging the requirement to approach the Uttar Pradesh Public Services Tribunal (UP PST) for a service dispute, arguing that the Tribunal could not grant interim relief. The State contended that the Tribunal provided an alternative remedy, rendering t…
RAJENDRA SINGH YADAV AND ORS.versusSTATE OF U.P. AND ORS.
LALIT NARAYAN MISHRA INSTITUTE OF ECONOMIC DEVELOPMENT AND SOCIAL CHANGE, PATNA, ETC.versusSTATE OF BIHAR & ORS. ETC.
The Bihar Government enacted Ordinances and later the Bihar Private Educational Institutions (Take Over) Act, 1987 to nationalise private educational institutions in phases, selecting the Lalit Narayan Mishra Institute as the first institution. The Institute (as a society) and its registrar, Dr. Jagadanand Jha, challen…
SOM RAJ AND ORS. ETC.versusSTATE OF HARYANA AND ORS. ETC.
The appellants, employees of the subordinate offices of the Directorates of Agriculture in Punjab and Haryana, sought a direction that they be treated on par with Directorate employees by maintaining a common seniority, arguing that their qualifications, pay scales and selection processes were identical. The High Court…
THE DHARWAD DISTT. P.W.D. LITERATE DAILY WAGES EMPLOYEES ASSOCIATION & ORS. ETC.versusSTATE OF KARNATAKA & ORS. ETC.
The petitioners, comprising trade unions, a law‑students' society and two individuals, sought quashing of the Karnataka Government's 12‑March‑1982 notification and directions to regularise about 50,000 daily‑rated and monthly‑rated employees as regular government servants with equal pay. They argued that the employees,…
S. PRAKASHA RAO AND ANR.versusCOMMISSIONER OF COMMERCIAL TAXES AND ORS.
SRISH KUMAR CHOUDHURYversusSTATE OF TRIPURA AND ORS.
The appellant, S.K. Choudhury, claimed that the Laskar community of Tripura was historically treated as a Scheduled Tribe and should continue to enjoy reservation benefits. He relied on two pre‑independence circulars and a census report to argue that the Laskar class formed part of the “Deshi Tripura” group, which he s…
M.C. MEHTAversusUNION OF INDIA AND ORS.
M.C. Mehta filed a public‑interest writ under Article 32 seeking directions for the government to promote environmental awareness. The Court examined whether it could order cinema halls, television, radio and educational institutions to disseminate environmental messages free of cost and make environmental studies comp…
U.P. JUNIOR DOCTORS' ACTION COMMITTEE AND ORS. ETC.versusDR. B. SHEETAL NANDWANI AND ORS. ETC.
The Supreme Court examined the validity of High Court orders that granted provisional admission to postgraduate medical courses in Uttar Pradesh on the basis of MBBS results. It found that the writ petition before the High Court was fraudulent and that the High Court's direction contravened established requirements for…
ASHOK KUMAR SINGH AND ORS.versusSTATE OF BIHAR AND ORS.
The petitioners, former primary school teachers in Bihar, had their services terminated and sought reinstatement. The High Court directed the State to re‑appoint qualified teachers, including untrained ones where trained candidates were unavailable, and the Supreme Court, on 7 February 1991, reiterated this direction. …
MITHILESH GARG ETC. ETC.versusUNION OF INDIA AND. ORS. ETC. ETC.
The petitioners, existing stage‑carriage operators, challenged the Motor Vehicles Act, 1988’s liberalised permit regime (sections 71, 72 and 80) on the ground that it violated Articles 14 and 19(1)(g) of the Constitution by allowing unlimited new entrants on the same routes. They argued that intra‑region permits were n…
UNION OF INDIA AND ANOTHER ETC. ETC.versusZORA SINGH ETC. ETC.
The case concerned lands acquired under the Land Acquisition Act, 1894, where the Collector had made his award on 31 March 1981 and the landowners filed reference applications under Section 18. The High Court had granted benefits under Section 23(1‑A) of the Act, which provides an additional solatium, and the State app…
THE MATTER OF: CAUVERY WATER DISPUTES TRIBUNALversus-
The President referred three questions to the Supreme Court concerning the Cauvery water dispute, the Karnataka Cauvery Basin Irrigation Protection Ordinance (later Act No.27 of 1991), and the powers of the Cauvery Water Disputes Tribunal. The Court held that the Karnataka Ordinance was ultra vires the Constitution bec…
SMT. MEERA GUPTAversusSTATE OF WEST BENGAL AND ORS.
The appellant, Smt. Meera Gupta, purchased a vacant plot from Smt. Probhavati Poddar, the predecessor-in-interest, after obtaining a decree for specific performance. The predecessor owned a built‑up property (constructed before the Urban Land (Ceiling and Regulation) Act, 1976) and a vacant plot, and the competent auth…
ADVANCE BRICKS COMPANYversusASSESSING AUTHORITY, ROHTAK & ANR.
Advance Bricks Co., a registered dealer under the Haryana General Sales Tax Act, 1973, purchased sun‑dried bricks on which it paid sales tax and subsequently burnt them to produce baked bricks which it sold at a higher price. It claimed a deduction of the tax paid on the purchase from its gross turnover for the 1981‑82…
NAGRI PRACHARINI SABHA AND ANR.versusVTH ADDL. DISTT. AND SESSIONS JUDGE, VARANASI AND ORS.
The Nagri Praccharini Sabha, a society registered under the Societies Registration Act, 1860, was sued by five of its members in a civil court challenging the election of its managing committee and seeking rendition of its accounts. The society contended that Sections 23 and 25 of the Act barred the suit. The Supreme C…
JAMSHEDPUR CONTRACTORS' WORKERS' UNIONversusSTATE OF BIHAR AND ORS.
Contract workers employed by Tata Iron and Steel Company, Jamshedpur, performed permanent and regular tasks before 11‑Feb‑1981 and sought permanent employment with the principal employer. The Bihar Government referred the dispute to the Industrial Tribunal under s.10 of the Industrial Disputes Act. The Tribunal held th…
DR. V.L. CHANDRA AND ORS. ETC.versusALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ORS.
The petitioners, long‑serving researchers at the All India Institute of Medical Sciences (AIIMS), challenged the termination of their services after the completion of research projects, alleging that they were entitled to continued employment given their 10‑15 years of service and advanced age which limited other job p…
MANJEET SINGH, UDC AND ORS. ETC.versusEMPLOYEES STATE INSURANCE CORPN. AND ANR. ETC.
The Employees State Insurance Corporation (ESIC) prepared a panel to recruit Insurance Inspectors through a written test and interview, but did not prescribe a pass mark for the interview and applied a 40% cut‑off. Unsuccessful candidates challenged the rejection, while successful candidates sought appointment orders, …
V.R. KATARKIversusSTATE OF KARNATAKA AND ORS.
V.R. Katarki, a Civil Judge of the Karnataka Judicial Service, was dismissed by the High Court for alleged irregularities in land‑acquisition cases, including writing premature letters to the Land Acquisition Officer, fixing inflated land valuations, using order‑sheets printed by a private advocate, and purchasing a pu…
T.J. STEPHEN & ORS.versusPARLE BOTTLING CO. (P) LTD. & ORS.
The Deputy Chief Controller of Imports and Exports filed a complaint under Section 5 of the Imports and Exports (Control) Act, 1947 against Parle Bottling Co. Ltd. and its Managing Director, alleging contravention of licence conditions. The complaint was transferred to another magistrate court, where cognizance was tak…
K. MURUGAN ETC. ETC.versusFENCING ASSN. OF INDIA, JABALPUR & ORS. ETC. ETC
The Indian Olympic Association (IOA), a society registered under the Societies Registration Act, 1860, was embroiled in a leadership dispute when a faction of members requisitioned a special general meeting to move a no‑confidence motion against President B.S. Adityan and the Executive Council. The Executive Council de…
M.L. JAINversusUNION OF INDIA
M.L. Jain, a former High Court Judge, had his pension fixed at Rs 21,500 per annum in 1985, later increased to Rs 46,100 per annum after amendments to the High Court Judges (Conditions of Service) Act, 1954. He challenged the ceiling of Rs 8,000 on the special additional pension imposed by clause (b) of paragraph 2 of …
DIPAK KUMAR GHOSHversusMIRA SEN
The tenant, D.K. Ghosh, sent rent by postal money order stating "we shall vacate the premises within next 6/8 months," which the landlord, Mira Sen, treated as a notice to quit. When the tenant failed to surrender possession, the landlord filed an eviction suit under clause (j) of s.13(1) of the West Bengal Premises Te…
CHIEF OF ARMY STAFF AND ORS.versusMAJOR S.P. CHADHA
The respondent, a Lt. Colonel of the Indian Army, was attached to another unit, made to relinquish his acting rank and suspended while disciplinary proceedings were pending for alleged torture leading to a soldier’s death. The Army opted to try him before a General Court‑Martial, but the court‑martial could not proceed…
SUBE SINGH & ORS. ETC. ETC.versusSTATE OF HARYANA & ORS.
The petitioners, adolescents under twenty‑one, were convicted of murder under Section 302 of the Indian Penal Code and sentenced to life imprisonment. They sought relief under Section 5 of the Punjab Borstal Act, 1926, which allows detention in a Borstal Institution in lieu of transportation or rigorous imprisonment fo…
STATE OF KARNATAKA AND ORS.versusV.S.NARAYANA SWAMY
The respondent, a licensed retailer of liquor under the Karnataka Excise Act, challenged the validity of Section 23(d) of the Mysore Excise Act, 1965 and Rule 8(1) of the Karnataka Excise (Sale of Indian & Foreign Liquors) Rules, 1968, alleging they were beyond the State's legislative competence. The Karnataka High Cou…
NARENDRA NATH PANDEY & ORS.versusSTATE OF U.P. & ORS.
The appellants, appointed as direct recruits to the Uttar Pradesh Provincial Civil Service, challenged seniority lists that placed demobilised armed‑forces officers (respondents) above them. The respondents had been recruited under the Uttar Pradesh Non‑Technical (Class‑II) Services (Reservation of Vacancies for Demobi…
DINESH KUMAR & ORS.versusMOTILAL NEHRU MEDICAL COLLEGE, ALLAHABAD & ORS
The Supreme Court revisited its earlier judgment on reservation in medical colleges, directing that at least 15% of MBBS/BDS seats and 25% of postgraduate seats in each college be filled through an All‑India Entrance Examination conducted in English. It modified the formula for non‑reserved seats, rejecting state deman…
UNION OF INDIA AND ORS.versusMOHD. RAMZAN KHAN
The Supreme Court examined whether the deletion of the second stage of disciplinary inquiry by the Forty‑Second Amendment eliminated a civil servant’s right to receive a copy of the inquiry report before a punishment is imposed. It held that despite the amendment, the delinquent remains entitled to the report to make a…
BANWASI SEWA ASHRAMversusSTATE OF U.P. AND ORS.
The Supreme Court heard a petition filed by Banwasi Seva Ashram on behalf of Adivasis living in Dudhi and Robertsganj tehsils of Mirzapur district, who claimed possession of forest lands that the State of Uttar Pradesh had declared as reserved forest under sections 20 and 4 of the Indian Forest Act, 1927. The petition …
RAM KUMARversusSTATE OF HARYANA
Ram Kumar, a bus conductor, was terminated after a departmental enquiry found him guilty of not issuing tickets to nine passengers despite collecting fares. The punishing authority terminated his service by adopting the enquiry officer's findings and reasons, without independently restating them, leading the appellant …
NEW INDIA ASSURANCE CO. LTD.versusRAM DAYAL AND ORS.
The case concerned a motor vehicle accident that occurred on 28 September 1984. The owner of the vehicle, Ram Dayal, claimed compensation under the Motor Vehicles Act, 1939, and sought to hold New India Assurance liable under an insurance policy that was taken on the same date as the accident. The Motor Accident Claims…
DES RAJ, ETC. ETC.versusSTATE OF PUNJAB & ORS. ETC.
The Supreme Court examined three appeals filed by employees of the Irrigation Departments of Punjab and Haryana who sought relief under the Industrial Disputes Act, 1947, after their applications were rejected by the Labour Court on the ground that the employer was not an ‘industry’. The Court considered whether the Ir…
LT. COL. K.D. GUPTAversusUNION OF INDIA & ORS.
Lt. Colonel K.D. Gupta, a permanent commission officer, was repeatedly subjected to psychiatric examinations that led to his medical category being downgraded from Shape‑I to Shape‑II and treated as a Major, despite no formal order reducing his rank. He challenged these actions before the Supreme Court, which earlier r…
SUBHASH MEHTAversusDR. S.P. CHOUDHARY (DEAD) BY LRS.
Subhash Mehta, a tenant, occupied a residential premises under a lease from Dr. S.P. Choudhary. After being ordered by the Rent Controller under s.15(1) of the Delhi Rent Control Act to pay arrears and future rent by the 15th of each month, Mehta delayed future rent payments, leading the Controller to strike off his de…
PEOPLES' UNION FOR DEMOCRATIC RIGHTSversusSTATE OF BIHAR & ORS.
The Peoples' Union for Democratic Rights filed a writ under Article 32 of the Constitution alleging that on 19 April 1986 the police opened fire on a peaceful gathering of poor peasants in Arwal, Bihar, killing at least 21 persons and injuring many others. The petition sought full compensation for the victims, withdraw…
DUGGI VEERA VENKATA GOPALA SATYANARAYANAversusSAKALA VEERA RAGHAVAIAH & ANR.
The respondents, a father and son, filed an eviction petition under section 10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, claiming a bona‑fide requirement for a shop‑room to start a readymade‑garments business. The Rent Controller ordered eviction, a decision affirmed by th…
RABINDRA CHAMRIA AND ORS., ETC., ETC.versusREGISTRAR OF COMPANIES WEST BENGAL AND ORS., ETC., ETC.
The appellants, former directors of a jute mill company, sought relief under Section 633 of the Companies Act, 1956 to be exempted from liability for delayed and non‑payment of Employees' Provident Fund dues. The Calcutta High Court had allowed a consent order permitting instalment payment and restraining criminal pros…
RAJANGAM, SECRETARY, DISTRICT BEEDI WORKERS UNION AND ORS.versusSTATE OF TAMIL NADU AND ORS.
The District Beedi Workers' Union filed writ petitions under Article 32 alleging non‑implementation of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966, the Child Labour (Abolition) Act, 1986 and related welfare statutes, including the use of contract labour and manipulation of workers' registers. The S…
A.S.KRISHNA AND CO. PVT. LTD.versusLAND ACQUISITION OFFICER (DEPUTY COLLECTOR) HYDERABAD
The appellant's land was notified for acquisition in 1978‑79 under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer fixed a market value of Rs 42,000 per acre with a 5% deduction for development cost. The claimants demanded Rs 200 per square yard; the Civil Court fixed that amount with a 20%…
AHMEDHUSSAIN SHAIKHHUSSAIN © AHMED KALIOversusCOMMISSIONER OF POLICE, AHMEDABAD & ANR.
The petitioner, Ahmedhussain Shaikh, was detained under section 3(2) of the Gujarat Prevention of Anti‑Social Activities Act, 1985 on grounds that he was a bootlegger who created fear and terror in his locality and might resume such activities if released on bail. The detaining authority relied on the possibility of hi…
KANTHIMATHY PLANTATIONS PVT. LTD.versusSTATE OF KERALA & ORS.
The petitioners, KANTHIMATHY PLANTATIONS, challenged the acquisition of their land in Kerala that had been initiated under the Kerala Land Acquisition Act, 1961. The acquisition proceeded to a declaration under section 6 before the Central Land Acquisition Act, 1894 (as amended by Act 68 of 1984) was extended to the St…
K. RAJAIAHversusSTATE OF ANDHRA PRADESH AND ORS.
K. Rajaiah was appointed Reserve Sub‑Inspector of Police in 1968 and later applied for the post of Sub‑Inspector (Civil) through a direct‑recruitment advertisement, being selected and confirmed by 1978. He sought to have his earlier service counted for seniority, prompting the Government to issue an order under Rule 15…
RATAN LAL ADUKIA & ANR.versusUNION OF INDIA
The appellants filed two suits in Alipore and Calcutta Small Causes Courts seeking compensation for short delivery of goods booked with the Indian Railways. The Union of India contended that, under Section 80 of the Indian Railways Act, 1890 (as amended in 1961), the trial courts lacked jurisdiction, arguing that the p…
K. VENKATA SESHIAHversusKANDURU RAMASUBBAMMA (DEAD) BY LRS.
The petition involved a dispute over the property of a deceased adoptive mother between the adoptive son K.V. Seshiah and his two sons, each claiming rights under different wills. The parties executed a compromise on 21 August 1987, whereby Seshiah agreed to pay each son Rs.1 lakh in exchange for relinquishing their in…
SMT. BEENA TIWARI & ANR. ETC.versusSTATE OF MADHYA PRADESH & ANR. ETC.
The appellants, appointed as Civil Judges on temporary and officiating basis, were not confirmed after their probationary periods and were terminated under Rule 12 of the Madhya Pradesh Government Servants (Temporary and Quasi‑Permanent) Rules, 1960. They contended that Rule 3‑A, which deems a servant in continuous tem…
MOHAMMAD MAHIBULLA AND ANRversusSETH CHAMAN LAL (DEAD) BY LRS. AND ORS.
The Wakf Board filed a suit for declaration of a right of passage, which was dismissed by the trial court, leading it to file a title appeal before the District Judge. Although an exemption allowed a nominal court fee of Rs.15 on the plaint, the memorandum of appeal required a fee of Rs.638, of which only Rs.15 was pai…
K.I. SHEPHARD & ORS. ETC. ETC.versusUNION OF INDIA & ORS.
Three private banks were amalgamated with larger banks under schemes drawn pursuant to Section 45 of the Banking Regulation Act, 1949. A total of 125 employees were excluded from service and their contracts terminated without being named in the draft schemes or given a hearing. The excluded employees challenged the exc…
SHEELA BARSEversusSTATE OF MAHARASHTRA
Freelance journalist Sheela Barse was initially permitted by the Inspector‑General of Prisons to interview female inmates in Maharashtra jails, but the permission was withdrawn when she began tape‑recording the interviews. She filed a writ petition under Article 32, claiming a constitutional right to know about jail ad…
JAIN ENGINEERING CO.versusCOLLECTOR OF CUSTOMS, BOMBAY
The Supreme Court examined whether Notification No. 281/Cus/76, which grants a partial exemption from customs duty, applies to rod bushes and camshaft bushes imported by Jain Engineering Co. The Court held that the notification does extend to parts of internal combustion piston engines listed under Heading 84.06, and t…
COMMON CAUSE REGISTERED SOCIETYversusUNION OF INDIA & ORS.
The petitioners, Common Cause Society, and the Delhi Municipal Corporation sought clarification of the Supreme Court's earlier ruling in Dr. Balbir Singh & Ors. v. Municipal Corporation Delhi (1985) regarding the assessment of rateable value for properties constructed in stages under the Delhi Municipal Corporation Act…
GURDIAL BATRAversusRAJ KUMAR JAIN
The appellant rented premises in Jalandhar to operate a cycle and rickshaw repair shop, but also sold televisions there temporarily for about seven months. The landlord sought eviction under Section 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, alleging a change of user. The Rent Controller rejected the e…
BIGYAN KUMAR & ORS.versusUNION OF INDIA & ORS.
The Supreme Court had issued directions in Writ Petition (Civil) No. 591 of 1987 ordering the reinstatement and accommodation of petitioner No. 9 and other employees of the Pension Paying Office in Pokhara, Nepal. A contempt petition was filed alleging that the respondents, including the Officer‑in‑Charge of the office…
BAGH AMBERPET WELFARE SOCIETYversusTULSI COOPERATIVE HOUSING SOCIETY AND ORS.
The Hyderabad Municipal Corporation, in collaboration with HUDCO, sought to acquire 20.10 acres of land under the Land Acquisition Act, 1894 for a housing project. Tulsi Cooperative Housing Society, claiming a purchase contract with the owners, obtained an exemption under the Urban Land Ceiling Act, which was later wit…
SUPREME COURT LEGAL AID COMMITTEEversusUNION OF INDIA & ORS.
The Supreme Court entertained a writ petition under Article 32 seeking relief for delinquent children detained in regular jails, in light of the Juvenile Justice Act, 1986. The Court noted that earlier reports from District Judges showed significant numbers of juveniles in regular jails across several states and that t…
ALL INDIA DEMOCRATIC WOMEN'S ASSOCIATION AND JANWADI SAMITIversusUNION OF INDIA & ORS.
The Supreme Court dealt with a petition challenging an ex‑parte interim order that barred the performance of the Chunri ceremony in Sri Rani Satiji's Mandir and directed that all collections be deposited in a nationalised bank. The petitioners, All India Democratic Women’s Association and Janwadi Samiti, argued that th…
DINESHCHANDRA JAMNADAS GANDHIversusSTATE OF GUJARAT AND ANR.
The appellant, a small‑time tradesman, was convicted under the Prevention of Food Adulteration Act, 1954 for selling "Kesari coloured sweet supari sali" adulterated with a yellow basic coal‑tar dye. He argued that "supari" (betel nut) should be treated as a "fruit‑product" or a "flavouring agent" under Rules 23, 28 and…
STATE OF U.P. & ORS.versusMAHARAJA DHARMANDER PRASAD SINGH ETC
The lessees of a Nazool lease applied to the Lucknow Development Authority for permission to construct a multi‑storeyed building, which was granted on 31 January 1985. The State Government later issued directions alleging violations of lease conditions and, after a show‑cause notice, cancelled the lease and the buildin…
NIRMAL KUMAR CHOUDHARY & ORS. ETC.versusSTATE OF BIHAR AND ORS., ETC.
The case concerned the amalgamation of three separate engineering wings—Irrigation, Minor Irrigation and River Valley Projects—within the Bihar Department of Agriculture and the preparation of a combined gradation list. The State had merged the Irrigation and River Valley cadres in 1969 and later merged the Minor Irrig…
DR. AJAY KUMAR AGRAWAL AND ORS. ETC.versusSTATE OF U.P. AND ORS.
The petitioners challenged the Uttar Pradesh Government’s decision to fix the internship cut‑off date as 31 December 1990 and to allow candidates who had not completed their house‑manship to sit for the post‑graduate medical selection exam and be admitted, contrary to earlier Supreme Court directions and the Indian Med…
KAILASH CHANDER SHARMAversusSTATE OF HARYANA AND ORS.
K.C. Sharma was selected by the Haryana Public Service Commission for the post of Assistant District Attorney and placed 39th in the merit list. The State of Haryana had undertaken that any vacancy arising within one year would be filled by the selected candidates in order of merit, but later claimed that only 37 gener…
JAYANTI KUMAR SINHAversusUNION OF INDIA & ORS.
Dr. J.K. Sinha, a Scientist (E) at the Defence Electronics Research Laboratory, was compulsorily retired under Article 459(h) of the Civil Services Regulations. He challenged the order before the Central Administrative Tribunal, alleging a clean service record, bias arising from a grievance he raised, and that the reti…
DR. DAMODAR PANDA ETC.versusSTATE OF ORISSA ETC.
The Supreme Court examined two writ petitions filed under Article 32 challenging the enforcement of Section 20 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. The petitioners sought clarification on whether officers of the state from which migrant labour originates cou…
BHAGWATI PRASAD AND ORS.versusDELHI STATE MINERAL DEVELOPMENT CORPORATION
The petitioners, daily‑rated workers of the Delhi State Mineral Development Corporation appointed between 1983 and 1986, filed writ petitions under Article 32 seeking regularisation, equal pay with regular employees, and promotion. The Industrial Tribunal, after hearing both sides, held that the petitioners performed t…
C.E.S.C. LTD. ETC.versusSUBHASH CHANDRA BOSE AND ORS.
The Calcutta Electricity Supply Corporation (C.E.S.C.) engaged private contractors to excavate, lay and maintain electric lines. The Employees' State Insurance Corporation (E.S.I.C.) directed C.E.S.C. to deduct E.S.I. contributions for the contractors' workers, asserting they were "employees" under Section 2(9) of the …
RADHASOAMI SATSANG, SAOMI BAGH,AGRAversusCOMMISSIONER OF INCOME TAX
The Radhasoami Satsang, a religious institution, had its income assessed as taxable for several years after an earlier period of exemption, prompting the assessee to challenge the assessments before the Income‑Tax Tribunal, which held that the income was exempt under sections 11 and 12 of the Income‑Tax Act, 1961. The …
STATE OF BIHAR AND ORSversusDR. SANJAY KUMAR SINHA AND ORS.
A group of medical graduates filed a writ petition challenging the Bihar government's prospectus for 1989 postgraduate medical admissions, which fixed the eligibility cut‑off date as 31 May 1989, allegedly contrary to the Supreme Court’s directions in Dr. Dinesh Kumar v. Motilal Nehru Medical College. The Patna High Co…
GAURAV JAINversusUNION OF INDIA AND ORS.
A public interest litigation was filed under Article 32 seeking separate schools and hostels for children of prostitutes. The petitioners argued that such facilities would protect the children from the adverse environment of prostitute homes. The respondents contended that segregation from their mothers was in the chil…
DR. MS. O.Z. HUSSAINversusUNION OF INDIA AND ORS.
The petitioner, a Group ‘A’ scientist in the non‑medical wing of the Directorate General of Health Services, filed a writ petition under Article 32 seeking parity in pay scales, allowances, and a promotional avenue with his counterparts in the medical wing. The Court examined whether the denial of promotion and differe…
RAVINDRA KUMAR MISRAversusU.P. STATE HANDLOOM CORPORATION LTD. & ANR.
R.K. Misra, a temporary employee of the Uttar Pradesh State Handloom Corporation, was suspended in 1982 on allegations of misconduct and later had his services terminated by notice with one month's salary in lieu, as permitted by Rule 63 of the Corporation's service rules. He challenged the termination, claiming it was…
BHARAT ELECTRONICS LIMITED, BANGALOREversusINDUSTRIAL TRIBUNAL, KARNATAKA, BANGALORE AND ANR.
Bharat Electronics Ltd dismissed a bus driver, B. Sridhar, for misconduct and sought approval of the dismissal under section 33(2)(b) of the Industrial Disputes Act, paying him Rs.607.90 as one month's wages. The workman objected, later adding that the amount was short by Rs.12, the night‑shift allowance he claimed he …
UNION CARBIDE CORPORATIONversusUNION OF INDIA AND OTHERS, ETC.
The Supreme Court heard a civil appeal concerning the Bhopal gas leak disaster, where Union Carbide Corporation (UCC) sought to resolve all claims arising from the tragedy. After reviewing extensive evidence, including data from U.S. courts and settlement negotiations, the Court deemed a comprehensive settlement approp…
V.K. RAMA RAO AND ORS.versusNATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT THROUGH ITS MANAGING DIRECTOR, POONAM CHAMBERS, WORLI, BOMBAY AND 18 ORS.
The petitioners, employees of NABARD, challenged a refixation chart that granted fitment increments to officers who were in service before 1 February 1984 when the bank revised its pay scales retrospectively to that date. They argued that the increments violated Articles 14, 16 and the principle of equal pay for equal …
UJJAIN VIKAS PRADHIKARANversusRAJ KUMAR JOHRI AND ORS. ETC.
The Ujjain Development Authority issued a notification under Section 4(1) of the Land Acquisition Act, 1894 in 1985 to acquire land for Scheme No.23 framed under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973. The respondents challenged the notification before the Madhya Pradesh High Court, which annulled i…
LAXMIKANT PANDEYversusUNION OF INDIA & ORS.
The petitioners, a group of licensed child‑welfare agencies including the Central Voluntary Adoption Resource Agency, sought various reliefs concerning adoption procedures, such as allowing Indian‑adopted children to retain citizenship till majority, issuing birth certificates on the basis of adoption documents, quashi…
DELHI COLD STORAGE PVT. LTD.versusCOMMISSIONER OF INCOME TAX, DELHI-I, NEW DELHI.
DR. V.P. CHATURVEDI AND ORS.versusUNION OF INDIA AND ORS.
The petitioners, research scholars employed on projects in various medical institutions, sought security of service and regularisation under Article 32 of the Constitution. The Supreme Court observed that the Indian Council of Medical Research (ICMR) is the research body funded by the Union, and that better coordinatio…
INDER SINGH & ORS.versusVYAS MUNI MISHRA & ORS.
Vyas Muni Mishra, a Ganna Gram Sewak, filed a writ petition under Art. 226 seeking the merger of the posts of Ganna Gram Sewak and Cane Supervisor into a single cadre, invoking the principle of equal pay for equal work under Art. 39(d). The Allahabad High Court ordered the merger, holding that the qualifications for bo…
M.C. MEHTAversusUNION OF INDIA AND ORS.
M.C. Mehta, an advocate and chairman of the Environmental Protection Cell, filed a writ petition under Article 32 seeking the closure of hazardous industries and regulation of vehicular and thermal power pollution in Delhi. The Supreme Court examined the constitutional mandate under Articles 48A and 51A, which impose a…
V. VEERARAJAN & ORS.versusGOVERNMENT OF TAMIL NADU & ORS.
A large number of workmen of Lucas‑T.V.S. Ltd. were dismissed for alleged misconduct; seven of them raised disputes under s.11‑A of the Industrial Disputes Act after conciliation failed. The Tamil Nadu Government refused to refer the disputes to the Labour Court, citing the fairness of the domestic inquiry, the nature …
ALL INDIA JUDGES' ASSOCIATIONversusUNION OF INDIA
The All India Judges' Association filed a writ petition under Article 32 seeking directions for the creation of an All‑India Judicial Service and uniform service conditions for the subordinate judiciary, including retirement age, pay, accommodation, transport, library and in‑service training. The Court examined the con…
MAJOR SURESH CHAND MEHRAversusDEFENCE SECRETARY (U.0.1.) AND OTHERS
The petitioner, a Major in the Indian Army, was accused of assaulting the regimental medical officer during a dispute over a steel almirah. An initial inquiry by the commanding officer found the allegation unsubstantiated, but higher commanders later concluded there was sufficient circumstantial evidence and ordered di…
SURJA AND OTHERSversusUNION OF INDIA AND ANR.
In a writ petition under Article 32 of the Constitution, 55 individuals who had joined the Arya Samaj movement in the former Hyderabad State in the late 1930s claimed entitlement to the Freedom Fighters' Pension Scheme (renamed Swatantrata Sainik Samman Pension Scheme, 1980). They had been convicted and sentenced to im…
BANDHUA MUKTI MORCHAversusUNION OF INDIA AND ORS.
The Supreme Court entertained a writ petition under Article 32 after a letter complained of bonded labour in stone quarries of Faridabad, Haryana. It appointed commissioners and investigators to examine the working conditions and the implementation of the Bonded Labour System (Abolition) Act, 1976 and related statutes.…
SMT. SARAN KUMAR GAUR & ORS.versusSTATE OF UTTAR PRADESH & ORS.
The appellants were teachers in a state‑financed minority college who went on strike. When they were called back, a group of them, including seven teachers, failed to report within the stipulated time, prompting the appointment of alternate teachers. The teachers sought to be absorbed back into service and claimed sala…
GOVERNMENT OF ANDHRA PRADESH & ANR.versusP. RAVINDER & ORS.
The Government of Andhra Pradesh issued an order on 18 November 1981 granting a 5% weightage to candidates whose basic education was in Telugu medium for appointments to non‑gazetted posts, expressly limiting the benefit to selections made through the State Public Service Commission (SPSC). The State Administrative Tri…
STATE OF KARNATAKAversusSURENDER KOTIANKAR
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 for enhanced senten…
COMMERCIAL AVIATION & TRAVEL COMPANY & ORS.versusVIMAL PANNALAL
The plaintiff, Mrs. Vimal Duti, filed a suit for dissolution of partnership and for accounts, valuing the suit at Rs.25 lakhs for jurisdiction and Rs.500 for court fee. The defendants contended that the valuation for court fee was grossly undervalued and sought dismissal of the plaint under Order VII, Rule 11(b) of the…
UNION OF INDIA THROUGH SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF WORKS & HOUSING, NEW DELHI ETC.versusD.C.M. LIMITED AND ORS. ETC.
The Delhi Cloth Mills (DCM) owned a 63‑acre complex in a non‑conforming area of Delhi and sought to shift its operations and redevelop the land for group housing and flatted factories. The Delhi Development Authority (DDA) initially approved DCM's scheme by Resolution No. 26 dated 1 February 1983, but later recalled it…
BHARAT PETROLEUM (ERSTWHILE BURMAH SHELL) MANAGEMENT STAFF PENSIONERS AND ORS.versusBHARAT PETROLEUM CORPORATION LTD. AND ORS.
Around 450 former Burmah Shell employees who retired between 1979 and 1984 had earlier obtained a Supreme Court order enhancing their pension to match that of Hindustan Petroleum Corporation Limited (HPCL) pensioners, while the claim for restoration of the commuted portion of their pension was abandoned. In a fresh wri…
MUKERIAN PAPERS LTD.versusSTATE OF PUNJAB
HIRALAL CHAWLA & ANR.versusSTATE OF U.P. & ORS.
The Supreme Court dealt with writ petitions filed under Article 32 challenging the acquisition of land previously bought by cooperative housing societies for residential purposes when the area was later notified for the New Okhla Industrial Development Authority (NOIDA). The Court examined the validity of the acquisiti…
D.C. OSWALversusV.K. SUBBIAH AND ORS.
The Supreme Court considered an eviction petition filed by the landlords against the tenant under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging wilful default in rent and a change of use from residential to partly commercial. The tenant argued that rent was collected irregularly at the landlords…
S. VENKITACHALAM IYERversusS. RAMA IYER
The appellant, a trust, owned two parcels of land in Nagercoil and leased them to the respondent, who later purchased a superstructure built by a predecessor. When the respondent defaulted on rent, the trust obtained a decree of ejectment, conditioned on paying compensation for the building. While the decree remained u…
DR. JEEVAK ALMASTversusUNION OF INDIA & ORS.
Dr. Jeevak, an unsuccessful candidate in the All India Entrance Examination for postgraduate medical seats, filed a writ petition seeking to declare clauses 11 and 15(g) of the bulletin illegal, to quash the list of successful candidates, and to obtain a mandamus directing his admission to the unfilled 25% reserved sea…
A.S. MITTAL & ORS.versusSTATE OF U.P. & ORS.
The Lions Club organized an eye‑camp in Khurja, Uttar Pradesh, inviting Dr. R.M. Sahay to perform cataract surgeries. Post‑operative intra‑ocular infections rendered many operated eyes permanently blind. Two social activists filed a public‑interest writ petition under Article 32 seeking compensation for victims, an inq…
UNION OF INDIA & ORS.versusK.T. SHASTRI
K.T. Shastri, recruited in 1966 as a Senior Scientific Officer in the Defence Science Service, was later placed in the Defence Aeronautical Quality Assurance Service (DAQAS) after the service was trifurcated. In 1985 the Government issued an order raising the superannuation age to 60 years for scientific and technical …
BHANWAR LALversusSMT. PREM LATA & ORS.
A joint family house was auctioned to satisfy an ex‑parte money decree of Rs 5,557.10. The coparceners objected, the sale was confirmed, and they filed a suit under Order 21 Rule 63 CPC to set aside the sale, valuing the property at Rs 15,000. The trial court dismissed the suit, but the District Court allowed the appea…
INDIAN CEMENT AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.
The petitioners, cement manufacturers and their stockists, challenged three tax notifications—two by Andhra Pradesh (under its General Sales Tax Act and the Central Sales Tax Act) and one by Karnataka—reducing the sales tax rate on cement. They argued that the notifications created discriminatory preferences and violat…
J.L. NANDAversusSMT. VEENA NANDA
The husband filed a petition for divorce on the grounds of cruelty and desertion, alleging that his wife's continual quarrels and behavior forced him to live separately and caused a nervous breakdown requiring hospitalization. The trial court granted the divorce, but the High Court reversed the decision, finding no suf…
A.N. SHASHTRIversusSTATE OF PUNJAB & ORS.
A.N. Shastri, a professor in Ayurvedic medicine, was promoted to Director of Ayurved under the Punjab Ayurvedic Department Rules, 1963. Former students filed a writ of quo warranto alleging that he lacked the required five‑year regular course degree for the post. The Punjab and Haryana High Court held that he did not p…
VINOD KUMAR SINGHversusBANARAS HINDU UNIVERSITY & OTHERS
Vinod Kumar Singh, who scored 54.4% in his LL.B., was denied admission to the M.A. Law programme of Banaras Hindu University because the university required a minimum of 55%. He filed a writ petition. The Allahabad High Court Division Bench pronounced a judgment in open court on 28 July 1986 allowing the petition and d…
STATE OF U.P. & ANOTHERversusMALIK ZARID KHALID
MADHU KISHWAR AND ORS.versusSTATE OF BIHAR
The petitioners, women belonging to the Ho and Oraon Scheduled Tribes of Chhota Nagpur, challenged Sections 7 and 8 of the Chhota Nagpur Tenancy Act, 1908, on the ground that restricting succession to the male line violated the equality guarantees of the Constitution. The State of Bihar set up a committee which reporte…
TARSEM LAL GAUTAM & ANOTHERversusSTATE BANK OF PATIALA, AND OTHERS
The petitioners, two Grade‑A officers of the State Bank of Patiala, challenged Regulation 7 of the State Bank of Patiala (Officers) Service Regulations, 1979, which placed existing Grade‑A officers into two new grades—Senior Management Grade Scale IV and Middle Management Grade Scale III—based solely on whether they ha…
CENTRAL BANK OF INDIAversusSTATE OF GUJARAT & ORS.
The Central Bank of India obtained a decree against the State of Gujarat for a sum of Rs.59,69,422.59 with interest. While the State appealed the decree, the Bank levied execution and the State deposited the decretal amount in the executing court. The State then applied to the Gujarat High Court for a stay of execution…
CONAL BIHIMAPPAversusSTATE OF KARNATAKA & ORS.
The case concerned inter‑se seniority between direct recruits and promotees in the Karnataka Administrative Service where the recruitment rules prescribed a two‑thirds promotion and one‑third direct recruitment quota. Because direct recruitment was not made timely, temporary promotions were given beyond the quota and l…
BHARAT PETROLEUM (ERSTWHILE BURMAH SHELL) MANAGEMENT STAFF PENSIONERS.versusBHARAT PETROLEUM CORPORATION LTD. & ORS.
The erstwhile Burmah Shell management staff pensioners filed a writ petition under Article 32 seeking escalation of their pensions, arguing that the rupee's loss of value and rising cost of living warranted a hike comparable to that granted by Hindustan Petroleum Corporation, a sister concern. The pension fund, origina…
D.K. AGARWALversusHIGH COURT OF JUDICATURE AT ALLAHABAD
The appellant, a retired District and Sessions Judge of the Uttar Pradesh Higher Judicial Service, sought the grant of super‑time scale recommended by the Selection Committee. The Full Court of the Allahabad High Court repeatedly rejected the recommendation, relying on adverse allegations made by the Administrative Jud…
MEHMOOD ALAM TARIQ AND ORS. ETC.versusSTATE OF RAJASTHAN & ORS. ETC.
The Rajasthan Public Service Commission, in its 1985 recruitment for the Administrative, Police and Forest Services, required candidates to obtain at least 33% marks in the viva‑voce (interview) as a condition for selection. Several candidates who failed to meet this cut‑off challenged the provision as unconstitutional…
WORKMEN OF ENGLISH ELECTRIC COMPANY OF INDIA LTD., MADRASversusPRESIDING OFFICER & ANR.
The Supreme Court examined appeals by workmen challenging a Division Bench decision that dismissed their claim for confirmation and back wages under the Industrial Disputes Act. The workmen argued that 131 of the 186 casual employees had completed the requisite 240 days of service and were entitled to confirmation, whi…
SUBHASH CHANDversusSTATE OF HARYANA AND ORS.
Subhash Chand, an adolescent convicted of murder under IPC s.302 and sentenced to life imprisonment, filed a writ petition under Article 32 seeking detention under the Punjab Borstal Act, 1926, relying on Hava Singh v. State of Haryana. The State opposed, arguing that the Act does not apply to offences punishable with …
TEKRAJ VASANDI ALIAS K.L. BASANDHIversusUNION OF INDIA & OTHERS
The appellant, an employee of the Institute of Constitutional and Parliamentary Studies (ICPS), was dismissed in a disciplinary proceeding and challenged the order before the High Court, which held that ICPS was not a "State" within Article 12 and thus not amenable to writ jurisdiction. The Supreme Court was asked to d…
SRI K. PRASAD & ORS.versusUNION OF INDIA & ORS.
The case concerned seniority disputes between initial recruits (direct recruits under rule 4(2)) and officers recruited later through the Special Selection Board (SSB) under the initial recruitment provisions of the IFS Recruitment Rules. The Court examined whether the SSB must consider all eligible State Forest Servic…
C. RADHAKRISHNA REDDY AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.
The petitioners, promotee Deputy Executive Engineers of the Andhra Pradesh Engineering Service, challenged a government circular dated 12‑August‑1988 that fixed guidelines for drawing up an inter‑se seniority list of direct recruits and promotees, alleging that it violated the Supreme Court's direction in K. Siva Reddy…
SUSHIL KUMAR METHAversusGOBIND RAM BOHRA
The landlord Gobind Ram Bohra sued tenant Sushil Kumar Mehta for ejectment, arrears of rent and damages, and obtained an ex‑parte decree from a civil court. Mehta contended that the civil court lacked jurisdiction because the Haryana Urban Rent Control Act, 1973 vests exclusive authority to order eviction in the Contro…
STATE OF BIHARversusMURAD ALI KHAN, FARUKH SALAUDDIN & VIKRAM SINGH
The State of Bihar filed a complaint under the Wild Life (Protection) Act, 1972 alleging that the accused killed an elephant and removed its tusks. A Judicial Magistrate took cognizance of the offence and issued summons, while a parallel police investigation under the Indian Penal Code was ongoing. The accused invoked …
SENIOR SUPDT. OF POST OFFICE & ORS.versusIZHAR HUSSAIN
Izhar Hussain, a clerk in the Posts and Telegraph Department, was retired under Rule 2(2) of the Liberalised Pension Rules, 1950, which permits the Government to retire a servant at any time after completing 30 years of qualifying service. He challenged the retirement before the Allahabad High Court; the single judge d…
P. SIVASWAMYversusSTATE OF ANDHRA PRADESH
The Supreme Court entertained a public‑interest writ petition filed by P. Sivaswamy after a social organisation’s letter alleged widespread bonded labour in stone quarries of Andhra Pradesh. The Court directed the State of Andhra Pradesh and the concerned states of Tamil Nadu, Karnataka and Orissa to identify, release …
SANJA Y SURI & ANR.versusDELHI ADMINISTRATION, DELHI & ANR.
The Supreme Court entertained public‑interest writ petitions filed by a news editor and a trainee sub‑editor concerning mal‑administration in Tihar Central Jail, especially the treatment of juvenile under‑trials. The Court, after ordering a District Judge’s inquiry, found that juveniles were being housed with adult pri…
AARTI GUPTA AND ORS.versusSTATE OF PUNJAB AND ORS.
The Punjab Government, invoking a need to fill 100 seats reserved for Scheduled Castes and Scheduled Tribes in MBBS/BDS courses, lowered the minimum qualifying marks for these categories from the 40% prescribed by the Indian Medical Council (MCI) Regulation II to 35% and later to 25% for the 1987 session. Only 32 eligi…
A.K. BHATNAGAR AND ORS.versusUNION OF INDIA AND ORS.
The case concerned 29 employees of the Central Information Service whose ad‑hoc service was regularised in 1977. They claimed that their period of ad‑hoc service (1964‑1977) should be counted for seniority and that they should be placed above regular recruits appointed through examinations up to 1970. The High Court an…
NITYANANDA KAR AND ANR. ETC. ETC.versusSTATE OF ORISSA AND ORS. ETC.
The State of Orissa merged two administrative cadres, OAS II and OSAS III, and introduced a 'year of allotment' system to determine seniority. Mergerists challenged the seniority of direct recruits, especially those assigned the year 1972, arguing that the Orissa Administrative Service Class II (Appointment of Officers…
KUMARI ANAMICA MISHRA AND ANR. ETC. ETC.versusU.P. PUBLIC SERVICE COMMISSION, ALLAHABAD AND ORS.
The Uttar Pradesh Public Service Commission conducted a two‑stage recruitment for Upper Zila Basic Shiksha Adhikari (Women) involving a written test and an interview. Due to an error in feeding results into the computer, candidates with higher written marks were omitted from the interview while lower‑scoring candidates…
K. MADHAVAN AND ANR. ETC.versusUNION OF INDIA AND ORS. ETC.
The Supreme Court examined two sets of writ petitions concerning seniority disputes in the Central Bureau of Investigation (CBI). In the first, petitioners K. Madhavan and Santunu Sen challenged a seniority list that placed O.P. Sharma senior to them by assigning him a notional appointment date of 21‑10‑1971, retroacti…
CHARAN LAL SAHUversusUNION OF INDIA & ANR.
An advocate filed a writ petition under Article 32, styled as a public interest litigation, alleging that the Supreme Court judges were influenced by Western law, had become a constitutional liability, and were sleeping on important issues. The petition used unsavoury language and appeared designed to denigrate the Cou…
Y. NARASIMHA RAO AND ORS.versusY. VENKATA LAKSHMI AND ANR.
The first appellant, married under Hindu law, obtained a divorce decree from a Missouri court on the ground of "irretrievable breakdown" after claiming a 90‑day residence in Missouri, while the parties had actually last lived together in Louisiana. The respondent contested the decree, arguing lack of jurisdiction and t…
ASSOCIATED CEMENT COMPANIES LIMITED, KYMOREversusCOMMISSIONER OF SALES-TAX, INDORE, ETC. ETC
Associated Cement Companies Ltd, a cement manufacturer, supplied cement to the Cement Manufacturing Company of India Ltd, which acted as its exclusive marketing agent. The appellant claimed that the sales to the marketing company were exempt from Madhya Pradesh sales tax under the Explanation to Article 286(1)(a) of th…
MADHAVRAO JIWAJI RAO SCINDIA & ANR. ETC.versusSAMBHAJIRAO CHANDROJIRAO ANGRE & ORS. ETC.
A trust was created by Rajmata Vijaya Raje Scindia, including a large house. Two officers of the trust, together with a trustee (the settlor's son) and his wife, were alleged to have forged tenancy documents in favor of the wife, constituting a breach of trust. A complaint was filed and the accused were charged under I…
K.M. SHARMAversusDEVI LAL & ORS.
K.M. Sharma filed a writ petition challenging the appointment of Shri Devi Lal as Deputy Prime Minister, contending that the oath he took was not the one prescribed by Article 75(4) and Schedule III of the Constitution and that he was still serving as Chief Minister of Haryana when the oath was administered. The Union …
ALIMENTA S.A. ETC.versusNATIONAL AGRICULTURAL CO-OPERATIVE MARKETING FEDERATION OF INDIA LTD. AND ANOTHER
Alimenta S.A. and the National Agricultural Co-operative Marketing Federation of India Ltd (NAFED) entered into two supply contracts for groundnut kernels, each referring to the terms of a standard FOSFA-20 contract that contained an arbitration clause. Disputes arose and Alimenta sought arbitration, while NAFED filed …
BHAGWAT DUTT RISHIversusRAM KUMAR
The appellant, a retired public officer, sought eviction of a tenant under the East Punjab Urban Rent Restriction Act, 1949, invoking Section 13A which allows a "specified landlord" to recover possession within a year of retirement. The appellant became landlord only after his father's death, i.e., after his retirement…
DWARKA NATH SHARMAversusUNION OF INDIA & ORS.
The appellant, recruited as an Assistant Executive Engineer in the Military Engineering Service in 1962, challenged his placement at 483rd position in the 1967 seniority list, arguing that his prior Central Government service should have given him a higher rank. After his suit and subsequent appeals were dismissed, he …
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