S B SINHA

Arvind Mohan Johar and Anand Krishna Johari were granted bail by the Supreme Court on the basis that Rs. 17 crore and Rs. 13 crore respectively were lying in the credit of the Bombay Stock Exchange (BSE) and National Stock Exchange (NSE) and would be used to satisfy the claimants. The BSE and NSE later filed applicatio…

The appellant, a third defendant, challenged an ex parte decree in a recovery suit that had been transferred from the Delhi High Court to an Additional District Judge due to enhanced pecuniary jurisdiction. The transfer was ordered under Rule 6 Chapter 13 of the Delhi High Court Rules, which mandates that the presiding…

The claimant, a coolie, hired a three‑wheeler auto‑rickshaw (a goods carriage) and was seated beside the driver when the vehicle overturned, causing serious injuries. He claimed compensation under Section 166 of the Motor Vehicles Act, asserting that he was covered by the compulsory insurance under Section 147(1) as th…

The deceased, Kalpana, was married to Rajendra Dhundale, who demanded money and ornaments from her for house construction. After a dispute over the payment, Kalpana died, allegedly after falling into a well. Post‑mortem evidence indicated homicide, not suicide. Rajendra and his parents were convicted under Sections 302…

Four persons were accused of murdering Sushila, a widow, and her two daughters by throwing acid on them in Gaayghat village, Basti district, on the night of 28-29 March 1980. The trial court acquitted all four, but the Allahabad High Court convicted Ram Charittar and Kishori Lal under Sections 302 and 34 of the IPC, se…

M.S. Shoes East Ltd imported a 1993 Rolls Royce car in 1996 and filed a Bill of Entry on 31 August 1996, but customs clearance was only granted in March 2005. The dispute centered on whether the assessable value for customs duty should reflect the car's price at the time of import or be reduced to account for depreciat…

The appellant, Besant Theosophical College, a private aided institution, sought to fill a vacant Librarian post. The qualifications for the post were originally prescribed by G.O. Ms No.12 (1992) and later superseded by G.O. Ms No.208 (1999). The State Government issued a circular on 31 August 2000 directing colleges t…

The appellant was appointed as a chowkidar in a college on a one‑year probationary basis, subject to approval by the Director of Public Instructions, Punjab. The Director refused approval because the appellant did not have Punjabi as a subject in Class VIII, a mandatory qualification, and the college continued to pay h…

Suresh, a clerk appointed in 1974, challenged the seniority list and the promotion of a Development Officer (Respondent No.2) to the post of Senior Manager in Yeotmal District Central Co‑op Bank. The dispute was first heard before the Cooperative Court, which held the promotion illegal, but the Cooperative Appellate Co…

The appellant Jyoti Prakash Rai was convicted of murder under Section 302 IPC for killing a schoolmate on 12 May 2000. At the time of the offence the trial magistrate estimated his age to be about 17 years, but the Juvenile Justice (Care and Protection of Children) Act, 2000 came into force on 1 April 2001, raising the…

Rexnord Electronics & Control Ltd. obtained two Export Promotion Capital Goods licences requiring export of specified values within five years and furnished a bond undertaking to pay interest on any duty shortfall. The company failed to meet its export obligations, leading to demand notices for customs duty plus 15% in…

Moni Shankar, a booking supervisor with Central Railways, was caught in a decoy check and was found to have overcharged a passenger by Rs.5. A departmental proceeding found him guilty and imposed a penalty of reduction to the lowest pay scale; his appeal and revision were dismissed. He filed an application before the C…

The appellants, bus owners, applied for stage carriage permits under the Motor Vehicles Act, 1988 before the Regional Transport Authority (RTA). Respondent No.4, a politically connected bus operator, bypassed the RTA and sought the permit directly from the Chief Minister, who issued an order approving the permit. The D…

The appellant, owner of a cinema theatre, entered into a sale agreement with the respondent for Rs. 94 lakh, of which Rs. 32.97 lakh was paid. The respondent filed a suit for specific performance, relying on a receipt (Ex A.15) for a further Rs. 4.03 lakh and claiming possession of the property. The trial court dismiss…

The respondent, Vinayaga Body Building Industry Ltd, manufactured motor cabs on duty‑paid chassis with a seating capacity of 12 passengers plus a driver. The chassis were invoiced by the manufacturer under sub‑heading 8706.29, but the Revenue classified the completed cabs under sub‑heading 8702.10, attracting a 1% Nati…

Kalyan Banerjee, an employee of Eastern Coalfields Ltd., was appointed and later terminated in the Mugma area of Jharkhand. He filed a writ petition in the Calcutta High Court challenging his dismissal, arguing that the High Court had jurisdiction because the company's head office is located in West Bengal. The questio…

The plaintiff, Jagiru, a tonga driver, died after his vehicle collided with a tractor driven by Sushil Kumar. The plaintiffs filed a claim for compensation under Section 110‑A of the Motor Vehicles Act, 1939. The insurer argued it was not liable because the tractor driver did not possess a valid licence, which the driv…

The appellants, original owners of land declared surplus under the Urban Land Ceiling Act, 1976, challenged the allotment of that land to weaker sections. An earlier appeal against the surplus declaration was dismissed in 1988, but the appellants later filed another appeal in 1995, suppressing the fact of the 1988 orde…

The Supreme Court considered the appeals of Narayan Ghosh and Sankar Adeya, accused of murder, criminal conspiracy and offences under the Arms Act in the killing of councilor Tapas Mitra at Puri. After being released on interim bail by the Calcutta High Court, they surrendered and applied for regular bail, which was re…

Ishika Wajma‑Harima Heavy Industries Ltd., a Japanese company, entered into a turnkey LNG project contract with Petronet LNG Ltd. that involved offshore supply of equipment, offshore services, onshore supply, onshore services and construction. The company sought an advance ruling on whether the amounts received for off…

The father of a deceased woman appealed against the High Court's acquittal of her husband, who was charged with murder under Section 302 IPC. The trial court had convicted the husband based on circumstantial evidence, a threatening letter (Exhibit 7) establishing motive, the recovery of a revolver with smoke, and the f…

The Supreme Court examined whether the Rajasthan Government must, as a matter of law, constitute a committee of management for a Jain temple that falls under Chapter X of the Rajasthan Public Trusts Act, 1959, or whether it retains discretionary power. The Court held that Section 53 uses the word "shall," indicating an…

Ralson Industries Ltd filed its return for AY 1992‑93 reporting income of Rs.26,66,355. The assessing officer, under section 143(3), assessed income at Rs.35,40,414. The Commissioner invoked section 263, set aside the assessment and directed a fresh assessment, excluding transport receipts and interest under sections 8…

The Supreme Court examined the auction of residential properties of the late Harshad Mehta, where Yogesh Mehta was the highest bidder. The Special Court provisionally accepted his bid but, pending a Supreme Court stay, the sale was not finalized. The Special Court later ordered forfeiture of Mehta's earnest money for f…

The appellant, T. Subramaniam, an executive officer of a temple, was accused of accepting a bribe of Rs.200 while allegedly facilitating the grant of a patta for temple land. He explained that the money was received on behalf of a third party, PW‑6, as payment of lease‑rent arrears due to the temple, and that the compl…

Rashid Babubhai Mulani, a talathi, demanded Rs 1,000 to delete a mortgagee's name from revenue records; the complainant paid Rs 300 after a trap was laid. Mulani accepted the marked notes and later claimed the payment was repayment of a government loan, supported by a purported notice sent by registered post. The High …

On 5 July 1993, an unlawful assembly of twenty‑seven persons, armed with swords, spears and other weapons, attacked Sadruddin and four female members of his family at his house. The victim and several injured witnesses positively identified the four appellants as the assailants. The trial court acquitted all twenty‑sev…

The appellant, an Assistant Engineer of Southern Railway, was found with Rs.2,94,615 in cash during a CBI raid and was charged under Sections 5(1)(e) and 5(2) of the Prevention of Corruption Act for possessing assets disproportionate to his known income. He claimed the cash represented loans of Rs.2,50,000 from two mon…

Sanjay Kumar Kedia incorporated two companies, Xponse Technologies Ltd and Xponse IT Services Pvt Ltd, which were alleged to have used their internet platforms to arrange the supply of psychotropic drugs such as phentermine and butalbital to customers abroad. The Narcotics Control Bureau investigated, seized assets and…

The case involved a violent dispute between neighbouring families that escalated into a gruesome attack where the appellants, Motilal and Santosh Kumar, assaulted and killed three persons, dragged a fourth, poured kerosene on her and set her on fire, and also assaulted others who tried to intervene. The trial court sen…

The appellant was found with 5,940 grams of heroin concealed in a suitcase at Chennai International Airport while attempting to transport it to Singapore. The trial court acquitted him on the ground that mandatory provisions of Sections 42 and 50 of the NDPS Act were not complied with, but the High Court reversed the d…

The plaintiff, H.V. Vedavyasachar, sued Shivashankara and others for a permanent injunction and a mandatory injunction directing possession of the suit property. The trial court decreed the suit. On appeal, the respondents filed an application under Order 41 Rule 27 CPC to adduce additional evidence, which was allowed,…

Sahebrao and Bhausaheb, husband and brother-in-law of Sangita, repeatedly demanded additional dowry (Rs 10,000 and a tape recorder) after her marriage, subjecting her to mental and physical cruelty. Within four months of marriage Sangita complained of harassment, was beaten, and eventually committed suicide. Her father…

The Supreme Court examined the termination of over 150 civil and judicial officers appointed by the Punjab Public Service Commission during the tenure of its chairman, who was alleged to have taken bribes and corrupted the selection process. The appellants argued that their services were dismissed without due process, …

The appellant Ranjit Singh was convicted under Section 302 IPC for the murder of Bhanwar Lal and Ram Lal, based on an FIR lodged shortly after the incident and the testimony of three family members who witnessed the killings. The prosecution established specific overt acts, identified the accused, and attributed a moti…

Mahesh Chaudhary, a partner of a carpet exporting firm, was alleged to have withheld commission payable to another firm under a 10% commission agreement, leading to a complaint of criminal breach of trust, cheating and forgery. A magistrate ordered an FIR and later took cognizance of offences under IPC sections 420, 46…

The appellants sought registration and mutation of a will dated 3 May 1998, which was contested by the testatrix's heir in both civil and criminal proceedings alleging forgery. While the criminal case (IPC 420, 468, 444, 34) was instituted before the probate suit under the Indian Succession Act, the appellants applied …

The Supreme Court was asked to resolve a conflict between two earlier decisions on whether the Special Tribunal or Special Court created under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 could decide questions of adverse possession. The Court examined the provisions of the Act, its non‑obstante clause, and…

The dispute concerned whether the National Thermal Power Corporation (NTPC) could have the arrears of salary revision for its employees, payable with retrospective effect from 1997, included in the tariff for its Korba and Dadri power stations for the years 1997-2000. NTPC filed tariff applications in 2001, later amend…

The suit was filed by the brother, Harishchandra Gupta, seeking possession of a house on the basis that he held a permanent lease granted by the Naib Tehsildar on 30‑Nov‑1979. The sister, Kausalya Bai, contended that she was a licensee and later claimed title by adverse possession, while also arguing that the lease ord…

Man Singh had been employed intermittently as a peon on short‑term contracts from 1989 to 1996. In 1995 his name was placed on the wait‑list for a regular post after being called from the Employment Exchange, but was later removed and replaced by another candidate who had higher marks. His services were terminated in A…

Accurate Meters Ltd supplied electric meters to various State Electricity Boards under two distinct contracts – one for the supply of meters and another for their transportation and insurance. The contracts stipulated that freight and insurance charges would be levied at average rates, not on actual cost, and the meter…

The appellants, who were public servants in the Andhra Pradesh Social Welfare Department, were accused of conspiring to withdraw government scholarship funds using fictitious student names, thereby cheating and misappropriating public money. They were charged under IPC sections 120‑B, 420, 468, 477‑A and Section 34 (co…

The appellants, Ramathal and others, were charged under Sections 120‑B and 420 IPC for allegedly cheating a buyer by misrepresenting the status of a mortgaged property and receiving a large advance. Anticipating arrest, they filed an application for anticipatory bail under Section 438 of the Code of Criminal Procedure.…

The appellants, accused of forging documents and cheating a complainant of Rs.62.62 lakh in a property transaction, sought anticipatory bail under Section 438 of the CrPC. The Madras High Court granted bail on the condition that they deposit title deeds worth Rs.20 lakh and furnish a personal bond. The Supreme Court he…

The appellant, Fida Hussain Bohra, was accused of embezzling approximately Rs. 26 crore and was granted anticipatory bail by an Additional Sessions Judge subject to conditions. He complied with those conditions, and the investigating agency later agreed to relax them. The High Court set aside the bail order, but the Su…

An FIR was lodged against several persons, including the appellant Kailash, for offences under various IPC sections, but Kailash was not named in the charge‑sheet. During trial the complainant moved an application under Section 319 of the Code of Criminal Procedure seeking to join Kailash as an accused. The trial court…

The Supreme Court entertained several Special Leave Petitions arising from a writ petition before the Gauhati High Court, wherein the High Court had directed the Secretary, Ministry of Coal and senior officers of Coal India Ltd. to appear personally and produce original documents. The Union of India, through the Solici…

The appellants, government employees, challenged a 1990 corrected seniority list issued by the State of Orissa, which had been upheld by the Orissa Administrative Tribunal in its order of 9 March 1992, confirming the 1984 list. Only one special leave petition was filed against that Tribunal order, and the Supreme Court…

The State of Bihar launched a scheme to establish "Project Schools"—including at least one girls' high school in each block of backward areas—through circulars and a three‑man committee. Disputes arose over whether the identified schools were taken over by the State, whether they should be treated as nationalised schoo…

The Supreme Court heard appeals by Ashwin S. Mehta and other family members, who were notified persons under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992, seeking release of residential flats and commercial premises that had been attached. The Special Court had allowed the Cus…

The Karnataka Government ran a Secretariat canteen through a committee and appointed workers on an ad‑hoc basis. The workers claimed they were state employees entitled to regularisation and pay parity with government staff. The Karnataka High Court, treating the canteen as a Government Hospitality Organisation, ordered…

The respondents, M/s National Industrial Corporation Ltd., used paddy husk as fuel and were assessed sales tax under various Uttar Pradesh Trade Tax notifications. They contended that paddy husk was first included as a taxable commodity only by the notification dated 6 June 1996, and that earlier assessments were inval…

The case involved a partition suit concerning a residential house and the business of Bombay Cycle Company. The trial court passed a preliminary decree granting each party a one‑third share in the house, but later the parties sought to include the business assets in the partition. The High Court set aside the decree, h…

Novartis India Ltd. transferred three senior sales representatives to distant locations; they refused to report, filed representations and civil suits, and were terminated without a domestic inquiry. The workmen raised an industrial dispute; the Industrial Tribunal held the termination illegal, denied reinstatement bec…

The appellant, United India Insurance Co., had issued a motor vehicle insurance policy for a truck owned by the deceased Atma Ram Sharma, with renewals effected by the bank that held a hypothecation on the vehicle. After Sharma's death in 1991, the registration was not transferred and the policy continued in his name. …

The dispute arose from a Will executed by Bishan Sahai Vidyarthi in 1965, which set aside Rs.30,000 for the benefit of his widowed daughter‑in‑law Chandramukhi and her son Narendra Gopal Vidyarthi. Within a month the testator purchased an immovable property with that amount. After the testator's death, the property was…

The appellant filed a suit for permanent and temporary injunction in 2002. The respondents, served with summons, repeatedly sought extensions to file their written statement under Order 8 Rule 10 of the CPC, but the trial court rejected their application and set a date for recording evidence. The respondents filed a re…

The respondents, life convicts sentenced in 1988 for murder, challenged a 2002 executive policy of the State of Haryana that set new criteria for premature release of life prisoners based on the nature and number of murders. The Punjab Prison Rules and Section 433A of the CrPC required a minimum of 14 years’ imprisonme…

M/s. Rahul Builders entered into a construction contract with Mis. Arihant Fertilizers, which later defaulted on payments. The latter issued a cheque for Rs.1,00,000 that was returned unpaid because its account was closed. Rahul Builders sent a notice on 31‑Oct‑2000 demanding payment of the pending bills (Rs.8,72,409) …

The dispute arose in the Merry Niketan Cooperative Housing Society Ltd., a group housing cooperative, where several members of the same family owned multiple flats. The society’s bye‑laws sought to limit voting to "one family one vote" and prepared a final voter list accordingly, excluding additional family members. Th…

The respondents, employees of Indian Bank who had served for more than ten years, opted for voluntary retirement and sought to have periods of extraordinary leave on loss of pay counted as qualifying service for pension benefits. The bank rejected their claim, relying on Regulation 17 of the Indian Bank (Employees') Pe…

Assistant Sub-Inspector Shambhu Dayal Nagar was trapped after agreeing to accept a bribe of Rs.3500 from complainant Badan Singh. The money, smeared with phenolphthalein powder, was recovered from the accused's upper right pocket of his uniform shirt and the powder transfer was demonstrated by a pink colour change in a…

The appellants were charged with large‑scale theft of electricity after a surprise raid by State Electricity Board officials uncovered meter tampering and bypassing that concealed consumption of substantial power. They were convicted under Sections 39 and 44 of the Indian Electricity Act, 1910, sentenced to three month…

The appellant, a tenant of a plot acquired for a road‑widening scheme, challenged the final allotment of re‑allotted plots on the ground that he had not been served a special notice as required by Sections 52 and 53 of the Gujarat Town Planning and Urban Development Act. The Court held that Rule 26 of the Gujarat Town …

In December 1992, during communal riots triggered by the demolition of the Babri Masjid, an armed mob entered the house of Taheruddin, killing his wife and two young daughters and injuring several family members. The trial court convicted eight accused under IPC sections 302, 134 and 448, but the High Court upheld conv…

The respondent, a daily‑wage substitute to a regular EDA, claimed she had completed 240 days of service before 7 May 1985 and sought regularisation under a 13 Nov 1987 circular that allowed such substitutes to be appointed as EDAs in vacant posts. The Central Administrative Tribunal directed that if she had indeed comp…

The appellant, Shilpa Shares and Securities, had taken a loan from the National Co-operative Bank Ltd. and defaulted on repayment. Under the Maharashtra Co-operative Societies Rules, 1961, the bank initiated recovery proceedings and conducted an auction of the appellant's immovable property pursuant to Rule 107, which …

The respondents, initially appointed as Laboratory Assistants and later serving as Teacher Grade‑III, applied for promotion to the post of Headmaster of secondary schools under a Rajasthan Public Service Commission advertisement. The Commission rejected their applications, holding that their experience did not satisfy …

Larsen & Tubro Ltd entered into a bridge‑construction contract for the Konkan Railway and manufactured pre‑stressed concrete (PSC) girders without registering under the Central Excise Act. A first show‑cause notice (SCN) issued under Section 11IA demanding excise duty for March 1993‑December 1994 was later withdrawn wi…

The appellants owned a truck hired to transport wheat belonging to the Food Corporation of India. The Deputy Commissioner, invoking the Essential Commodities Act, 1955, ordered the truck's confiscation, a decision upheld by the Sessions Judge and the Jharkhand High Court. The appellants contended that wheat is a de‑con…

The respondent was engaged on an ad‑hoc basis as a Junior Technician for successive 89‑day periods from 1990 to 1992, each appointment ending with a one‑ or two‑day gap before the next. She was terminated on 7 August 1992 and later raised an industrial dispute. The Labour Court ordered her reinstatement with back wages…

The plaintiff filed a suit seeking a declaration that a sale deed dated 26‑03‑1991 was forged and therefore void. The defendant denied the allegation. The trial court, on the plaintiff's application, reframed the issue to question the validity of the deed, and the High Court upheld this reframing, holding that the defe…

The appellant, Indian Institute of Technology Kanpur, appointed the respondent as Senior Pilot Instructor (Glider) with a superannuation age of 60 years. The respondent claimed that his post was an academic one and therefore his retirement age should be 62 years, obtaining a writ order from the Allahabad High Court in …

The Uttar Pradesh Municipal Corporation (Nagar Mahapalika) appointed several workers as apprentices on an ad‑hoc basis before the State sanctioned the temporary posts for which they were purportedly hired. After the sanctioned period ended, the workers were terminated. The Labour Court held that, because they had worke…

The case concerned a sale deed executed in 1961 that purportedly showed a minor as a major, allegedly obtained by fraud. The minor later sued in 1979 to set aside the deed and claim a share in the land. The trial court dismissed the suit as barred by limitation, but the appellate court held the deed void and said limit…

The appellant, whose mother had been provisionally allotted a plot by Jubilee Hills Cooperative Society, sought the same plot or an alternative after the society cancelled the provisional allotment for non‑payment and allotted the land to another member (S). The appellant obtained an award from the Assistant Registrar …

The appellant was convicted under sections of the IPC and the Arms Act, and during the trial the police submitted a supplementary charge‑sheet with eight new witnesses. The prosecution sought to summon these witnesses under Section 231 of the Cr.P.C., invoking the right to conduct "further investigation" under Section …

Mavji C. Lakum, a long‑serving peon of Central Bank of India, was repeatedly disciplined and eventually discharged for alleged misconduct. The Industrial Tribunal, exercising its power under Section 11‑A of the Industrial Disputes Act, held that the departmental inquiry was fair but the punishment of discharge was disp…

The Union of India appealed against a Division Bench of the Andhra Pradesh High Court that had set aside the rejection of a pension claim under the Swatantrata Sainik Samman Pension Scheme, 1980. The scheme provides pension to freedom fighters who remained underground for more than six months and who satisfy one of thr…

Harcharan Singh transferred property to his wife Udham Kaur for maintenance. Udham Kaur claimed absolute ownership, which was upheld by the appellate court. During the pendency of her suit, Harcharan Singh sold the land to Gurmail Singh, who took possession. After Udham Kaur's death, Gurmail Singh sought ownership unde…

Janardhanam Prasad (appellant) entered into a sale agreement with M. Manoharan (defendant No.1) for a piece of land. The same land was later agreed to be sold by the same defendant to Ramdas (respondent No.1) without a fixed time for performance. The respondent paid part consideration but, within 20 days of the agreeme…

The Supreme Court examined whether Prasar Bharati could transfer staff originally appointed by Doordarshan and Akashvani despite the absence of a formal deputation order under the Prasar Bharati Act, 1990. The Court observed that the employees had been working under the Corporation’s control, receiving its salary and o…

M/S Kumar Motors, Bareilly purchased auto‑rickshaw chassis and bodies separately and assembled them before sale. The issue was whether this assembly amounted to "manufacture" under Section 2(e‑1) of the U.P. Sales Tax Act, 1948 and consequently attracted purchase tax under Section 3‑AAAA despite the use of Form III‑A. …

The widow of a deceased employee of the National Institute of Technology (NIT) sought a compassionate appointment for her grandson, who was later given a temporary regular post after a 15‑year delay. The widow later applied for her son’s appointment and for cancellation of the grandson’s post; the High Court dismissed …

Mis. J.K. Corporation Ltd. entered into a two‑part collaboration agreement with Korean firms Samsung and Cheil for licence, know‑how (Part A) and plant‑machinery (Part B) to set up a polyester yarn plant. The company imported the machinery and paid a US$14 lakh licence/know‑how fee after importation. The issue before t…

The appellant and the informant were involved in a commercial dispute over payment for supplied bags. The informant alleged that the appellant and a third person forcibly took Rs.1580 from his pocket, leading to an FIR that listed offences including extortion under Section 384 IPC. The High Court rejected a compromise …

The mother and daughter (appellants) sued the respondent for recovery of two separate loans of Rs 5 lakhs each, alleging the transactions were loans made through a third party. The respondent had earlier filed two suits against each of them, claiming the sums were part of business transactions, but those suits were wit…

The Milk Producers Association and other milk‑selling families (the appellants) had illegally occupied government land in Bhubaneswar and were ordered to vacate. The State, through the Chief Minister, had earlier promised to rehabilitate them in villages outside the city, but later withdrew the promise because the vill…

The appellants challenged the State of Karnataka's sanction permitting Respondent No.6 to convert a residential plot in Jayanagar into a commercial restaurant complex under Section 14‑A of the Karnataka Town and Country Planning Act, 1961. Although the Residents' Welfare Association eventually issued a no‑objection cer…

The appellant, owner of agricultural land, had taken a bank loan and entered into a sale agreement with the respondent, who was to discharge the loan by depositing the mortgage amount and execute a sale deed. The appellant served a notice on 24 April 1984 demanding the respondent deposit the full amount and execute the…

The respondent, B.K. Vijay, was appointed as a Safety Officer in BHEL's Jhansi factory and, although placed in the non‑executive SA‑II cadre, was given the status of a Senior Executive under Rule 5 of the U.P. Factories (Safety Officers) Rules, 1984. He filed a writ petition seeking to be treated as a Senior Executive …

The Commissioner of Central Excise appealed against the Customs, Excise & Service Tax Appellate Tribunal’s dismissal of his appeal challenging the exemption granted to M/s Hira Cement, a small‑scale industry (SSI), under Notification No.1193‑CE dated 28‑Feb‑1993. The issue was whether Hira Cement’s use of the brand nam…

Dove Investments Pvt. Ltd. and others had taken a loan of Rs.4.5 crore from Gujarat Industrial Investment Corporation (GIC) which was secured by 25,92,800 shares pledged by three other companies. GIC lodged the share certificates and transfer forms with Dove for registration, but the application was filed two months af…

The respondents, who were Train Superintendents, were placed in the supervisory category by a Railway Board circular dated 2 August 1984, which removed their entitlement to overtime allowance. On 11 April 2001 the Board issued another circular withdrawing the 1984 circular and stating that the practice followed during …

The appellant Prakash, along with co‑accused Badrilal and Dinesh, chased the unarmed deceased Ramprasad with lathis. Prakash struck Ramprasad's leg, causing him to fall, after which Badrilal delivered a fatal blow to the head, leading to death from multiple skull fractures. The trial court convicted all three under Sec…

The State Bank of Hyderabad sued the Town Municipal Council for an injunction concerning a plot it had purchased at public auction. During the proceedings the bank sought leave to amend its plaint, which was initially allowed by the appellate court. The High Court set aside that order, relying on the proviso added to O…

Siemens Ltd., a multi‑location company, owned a factory within the Bombay Municipal Corporation (BMC) limits and another outside those limits. The BMC issued a show‑cause notice demanding payment of municipal cess on goods supplied from the factory outside its jurisdiction. Siemens filed a writ petition under Article 2…

The State of Kerala prosecuted licensees Unni and others for selling toddy whose ethyl alcohol content exceeded the limits prescribed in Rule 9(2) of the Kerala Abkari Shops (Disposal in Auction) Rules, invoking Sections 56 and 57 of the Abkari Act. The High Court had upheld the rule, but the Supreme Court examined whe…

The Supreme Court examined the constitutionality of Coal India Ltd.'s electronic auction (E‑Auction) scheme for allocating coal to non‑core sector consumers. The petitioners argued that coal is an essential commodity and that the scheme's variable pricing, lack of a fixed price, and inclusion of core‑sector entities vi…

The Union of India appealed against a decision of the Central Administrative Tribunal and the Delhi High Court that had granted Mahajabeen Akhtar, a former Research Assistant of the Bureau of Promotion of Urdu Language, a replacement pay scale on the basis of equality with research assistants in other language departme…

The Central Public Works Department issued office orders on 1 August 2002 and 11 March 2003 that reorganised zones by placing civil, electrical and mechanical cadres under a Chief Engineer (either civil or electrical), effectively creating a post that merged distinct services. The respondents challenged the validity of…

Mahatma Mishra was appointed by the State Bank of India as a temporary messenger for a fixed period of 88 days in 1982 and was terminated thereafter. He claimed that the termination violated Section 25‑H of the Industrial Disputes Act, 1947 and sought reinstatement with full back wages. The Labour Court held the termin…

Manish Ratan and others were accused of dowry harassment and ill‑treatment of their wife, who lived in Jabalpur. The complainant lodged a FIR at Datia police, alleging that the offences occurred at Jabalpur, and the case was tried by the Chief Judicial Magistrate, Datia. The appellants challenged the jurisdiction, argu…

The appellant Vithal was convicted of murder (IPC s.302) for allegedly pouring kerosene on the deceased Vishwanath and setting him alight, causing 98% burn injuries. Four dying declarations of the deceased were recorded by police officers and an executive magistrate; all named the appellant and were consistent. The tri…

Harihar Bhole Nath, a Deputy Inspector General of Registration, was charged in 1993 with misconduct causing financial loss to the Government and was suspended by order of the Governor. Although the suspension was stayed, he retired on 31 March 1993. A departmental enquiry was later initiated on 4 January 1997, after hi…

The Karnataka State Road Transport Corporation (KSRTC) had a settlement with its employees that tied the rate of Dearness Allowance (DA) to the rates sanctioned by the State Government and required any merger of DA with basic pay to be considered for calculating gratuity. The State Government issued a Government Order …

Mathura Prasad, a casual labourer, was shortlisted for regularisation and his service card was sent for verification, where it was deemed fake. A departmental inquiry was held, but the inquiry officer’s report did not clearly state whether the card was genuine. The disciplinary authority sent a demi‑official letter ask…

The appellant, a railway employee, was promoted from Khalasi to Junior Clerk and later Senior Clerk, but was later repatriated to his original post of Khalasi on the basis of a complaint by four colleagues alleging irregular promotion. The authorities claimed a mistake in the service record and reverted him without con…

The appellants, assessees under the Income Tax Act, were subjected to a raid that uncovered two separate sets of books of accounts, prompting the Deputy Commissioner to propose a special audit under Section 142(2A). The Commissioner approved the proposal without giving the appellants any notice or opportunity to be hea…

The appellant, Shyamali Das, claimed ownership of land acquired by the West Bengal Housing Board and filed a suit for injunction and declaration of title. She also sought to be impleaded in the reference proceedings under the Land Acquisition Act, but the Land Acquisition Judge dismissed her application on the ground t…

The appellant, a driver for the Cantonment Board, was injured in a road accident and claimed Rs 17.94 lakh under Section 166 of the Motor Vehicles Act, 1988 for permanent disability and loss of earnings. The Motor Accident Claims Tribunal awarded Rs 85,000, which the High Court enhanced to Rs 3,75,000 on the basis of a…

Talwara Cooperative Credit & Service Society Ltd terminated clerk Sushil Kumar after two short spells of employment (1987-1990 and 1995-1997) citing financial losses. The Labour Court awarded reinstatement with full back wages, which the High Court upheld. The Society appealed to the Supreme Court, arguing that reinsta…

B.M. Malani, a money‑lender who also traded in shares, had shares and a demand draft seized during a raid. He offered to pay his tax liability by selling the seized shares and requested the Income‑Tax Authority to dispose of them, but the request was ignored. The Department later levied interest under s.220(2) of the I…

The Municipal Corporation of Ludhiana issued a series of notices, including a demolition notice under Sections 269 and 270 of the Punjab Municipal Corporation Act, 1976, against a marriage hall constructed by the late Hira Devi. The notices were served in the name of the deceased, were vague, and failed to describe the…

The appellant had taken a loan and issued post‑dated cheques which were later dishonoured; a legal notice was sent on 17‑01‑2001 and a complaint under Section 138 of the Negotiable Instruments Act was filed on 20‑04‑2001, later amended to include Section 420 IPC. The High Court held that the amendment to Section 142(b)…

A truck owned by Respondent No.1 and driven by Respondent No.2, insured by Respondent No.3, collided with a car, causing the death of the car occupant. The claimants filed a compensation claim under s.166 of the Motor Vehicles Act, 1988 and the Accident Claims Tribunal awarded Rs.13,32,000, holding that the driver lack…

The case arose from a motor accident on 27 January 1996 in which two relatives of the claimant died or were injured, leading the dependents to claim compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation and held United Indian Insurance Co. Ltd. liable to…

The appellants issued cheques for a Rs 2,00,000 loan which were dishonoured, leading to criminal proceedings under Sections 138 and 142 of the Negotiable Instruments Act. They were convicted, fined Rs 2,10,000 and the criminal court, invoking Section 357 of the CrPC, directed that Rs 2,00,000 be paid as compensation to…

The appellant, a dealer in aluminium household utensils, purchased old aluminium vessels and scrap which were processed into new utensils. The issue was whether the purchase turnover of such scrap and old utensils fell under Entry 5 (aluminium household utensils) or Entry 83 (metal scraps) of the First Schedule of the …

The appellant, a husband, and his parents-in-law were convicted under Sections 302 and 34 of the IPC for the death of the appellant's wife, who allegedly died after being set on fire. The prosecution's case rested on four dying declarations made by the deceased, which were contradictory: two statements blamed the paren…

MIS O.N.G.C. Ltd., a public sector undertaking, paid customs duty on services obtained from Sedco Forex International Drilling Inc. and claimed exemption, but assessment proceeded and was later set aside by the Supreme Court. During the pendency of the appeals, Rs 54,72,87,536 was realized as customs duty and interest,…

The appellant, Veer Prakash Sharma, entered into a contract to purchase welding rods from the respondents but failed to pay the full price and issued two cheques that were later dishonoured. The respondents filed a criminal complaint alleging offences under Sections 402, 406, 409 and 417 of the IPC, and a Special Judic…

The case involved a murder under Section 302 IPC where the prosecution relied on the dying declaration of the deceased, Atul Prakash Shukla, and the testimony of the sole eyewitness, Anil Prakash Shukla. The deceased gave his statement to the investigating officer twenty days after the incident, claiming he had been tu…

The case involved eight accused who were charged with the murder of three members of the Kolhe family in two related incidents. The prosecution relied on the testimony of two child eyewitnesses (aged 11 and 13), a dying declaration, medical reports, and blood‑group matches of recovered weapons. The trial court acquitte…

Meena Kumari, a war widow residing in Jheenjhak village of Kanpur Dehat district, filed a writ petition seeking a mandamus directing Indian Oil Corporation Ltd. to grant her a licence for a retail petrol pump under the 30‑December‑1977 notification. The corporation had awarded the licence to another applicant from Farr…

The appellant, a Sub‑Inspector, was punished for dereliction of duty after a Head Constable under his charge was caught transporting liquor in a government vehicle. While the Head Constable was later exonerated in criminal court and his departmental punishment set aside, the appellant's punishment of stopping two futur…

Sudhir Kumar Bhalla, a partner of a trading firm, issued six cheques to Jagdish Chand and his wife Ramesh Rani for payment of goods. Five of the cheques were dishonoured, leading the respondents to file complaints under Section 138 of the Negotiable Instruments Act and various provisions of the IPC. The trial court acq…

The appellant filed a testamentary petition for letters of administration of her late husband's estate, which was converted into a testamentary suit after respondent No.1 filed a caveat. Respondent No.2, the appellant’s counsel, filed a miscellaneous application alleging perjury by the appellant and attached audio cass…

The deceased Sukhdeo Chikane was attacked and fatally injured with a iron instrument called a "sattur" by three accused brothers amid a long‑standing boundary dispute. The FIR named all three assailants and eyewitnesses (Vikram and Avinash Chikane) identified them as the perpetrators. Medical post‑mortem showed multipl…

The State of Maharashtra issued a demand for a fee under Rule 5(2) of the Bombay Rectified Spirit (Transport in Bond) Rules, 1951 against Nagpur Distillers, which purchases rectified spirit and extra neutral alcohol from other distilleries for manufacturing Indian Made Foreign Liquor (IMFL). The distiller filed a writ …

The Supreme Court had earlier remitted a 1979 writ petition filed by Raj Singh, the occupant, to the Allahabad High Court on the condition that he deposit Rs 3,00,000 as arrears of rent. Raj Singh failed to pay the amount within the stipulated time, leading the High Court to dismiss his writ petition and the Eviction O…

The Supreme Court had earlier directed the tenants to deposit Rs 3,00,000 as a condition precedent for pursuing their writ petition concerning arrears of rent on a building occupied for 26 years without payment. The tenants applied for clarification, contending that a payment of Rs 1,45,860 made on 5 July 2004 should b…

Gurcharan Singh, a customs officer, along with others, created fictitious firms to claim a duty drawback of Rs 1.04 crore for allegedly exported readymade garments that were over‑invoiced and of inferior quality. A complaint under Sections 132 and 135 of the Customs Act led to cognizance by a magistrate; the appellant’…

The Supreme Court heard two appeals concerning claims for reimbursement of medical expenses incurred by government employees in non‑government hospitals. In Karnataka, an officer who underwent coronary bypass surgery claimed Rs 1,50,600 but was reimbursed only Rs 39,207; the High Court had allowed his writ petition. In…