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186 judgments · newest first · showing 1–186
The State of Uttar Pradesh charged Laloo and three others with the murder of Babu Jaleshwar Singh on 24 September 1974. The prosecution relied on the testimony of three eye‑witnesses (PW1‑3), corroborative statements of PW5 and PW6, medical evidence of a fatal neck wound, and a First Information …
The appellant, Ram Avtar, was charged under Section 302 IPC for allegedly strangling his wife. The trial court acquitted him, finding the circumstantial evidence insufficient, but the Delhi High Court reversed that decision and convicted him. On appeal, the Supreme Court examined whether the chain …
The Supreme Court examined an election petition challenging the election of Col. Ram Singh on allegations of corrupt practice, including booth‑capturing and intimidation at two polling stations in the 1982 Haryana Assembly election. The petitioners relied heavily on oral testimony and tape‑recorded …
The appellant, a Municipal Councillor, was convicted under Section 161 of the Indian Penal Code and Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act. He appealed, contending that a Municipal Councillor is not a "public servant" within the meaning of Section 21 of the IPC and therefore …
The appellants were convicted for the murder of Bhojraj, arising from a long-standing land dispute. The prosecution relied on the testimony of PW 11, the deceased's guard, who identified the attackers after a short delay, and on extra‑judicial confessions reported by PW 5 and PW 9 that an accused …
The appellant-landlady sued the respondent-tenant for possession of a premises, alleging arrears of rent of Rs.3,960 at a rate of Rs.360 per month and that the property fell within the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The tenant contended the rent …
In a 1983 by‑election for the Fatehabad Assembly constituency, Lila Krishan was declared elected, but two rival candidates, Mani Ram Chapola and Raj Tilak, had their nomination papers rejected because the serial numbers of their proposers were shown as 126 and 177 instead of the correct 26 and 77. …
The Bihar State Electricity Board (BSEB) recruited a group of engineers as apprentice/trainee engineers in 1977, promising that after completing a one‑year training they would be absorbed as regular Assistant or Junior Engineers on a provisional basis, with a two‑year probation and seniority based …
In a Haryana Assembly by‑election, the Returning Officer (Umed Singh Rao) rejected the nomination papers of two candidates on the ground that the proposers' serial numbers did not match the electoral roll. The successful candidate’s election was challenged, and the Punjab & Haryana High Court held …
The Supreme Court examined whether processes such as bleaching, mercerising, dyeing, printing and other treatments of cotton and man‑made fabrics constitute "manufacture" under the Central Excise and Salt Act, 1944, and whether the 1980 amendment expanding the definition of manufacture is …
The case concerned the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 and its amendments, which imposed a market fee on sellers and buyers of agricultural produce and later enhanced the fee from 1% to 2%. The petitioners challenged (i) the constitutional validity of Section 65(1) as …
Shamshar Singh, a practising advocate, was detained under Section 3(2) of the National Security Act, 1980. He challenged the detention on four grounds: (1) a one‑day delay in placing his representation before the Advisory Board violated Section 10; (2) the Board failed to consider documentary …
The petitioners challenged the preventive detention of Venilal Mehta, his daughter Pragna Mehta and son Bharat Mehta under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, alleging that the grounds of detention were not communicated in a language they …
The respondents, owners of Jaora Sugar Mills, were required under the Madhya Bharat Essential Supplies (Temporary Powers) Act, 1948 to deposit the difference between the supply price and ex‑factory price of sugar into a government Sugar Fund. They deposited Rs 50,000 under protest and sued the State …
In 1975 a nine‑year‑old boy, Sanjay, was kidnapped and murdered during a Holi festival in Tinsukhia, Assam. Henry Westmuller Roberts, Sunil Chandra Biswas and two others were arrested; all four made confessional statements before a Judicial Magistrate after being given only three hours for …
In the 1982 Haryana Legislative Assembly election, Brij Mohan was declared elected from Jind constituency, defeating Mange Ram. Mange Ram filed an election petition alleging that Brij Mohan had committed the corrupt practice of bribery under Section 123(1) of the Representation of the People Act, …
The election petition filed by Sat Pal challenged the election of the appellant to the Haryana Legislative Assembly on the ground that the nomination paper of another candidate, Dog Ram, had been improperly rejected by the Returning Officer due to clerical errors in the part numbers of the electoral …
In the 1982 Nagaland Legislative Assembly election, N. Horangse was declared elected over M. Tsubongse. Tsubongse filed an election petition alleging that Horangse committed corrupt practice by presenting four red waist‑coats to village leaders to induce their votes, invoking sections 123(1), …
Sant Lal, a lessee of a plot of land under a ten‑year lease, granted Avtar Singh a one‑year licence to use a shed for a workshop. After the licence expired, Sant Lal terminated it and sued for a mandatory injunction to vacate the shed. Avtar Singh contended that he had purchased the entire property …
Pratibha Rani, an estranged wife, filed a criminal complaint under s.406 IPC alleging that her husband Suraj Kumar, his father, brothers and brother‑in‑law had misappropriated her stridhan (dowry) worth Rs.60,000 that was entrusted to them at the time of marriage. The Punjab & Haryana High Court …
Capt. S. M. Rebello was appointed as master of the vessel M.V. Anastasia for a one‑year term. The ship was sold as scrap and his services were terminated on 20 December 1980. He claimed full‑year wages, arguing that under the Merchant Shipping Act, 1958 a master is treated as a seaman and is …
The petitioners, owners of khandsari sugar factories in Uttar Pradesh, challenged the applicability of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964 (as amended in 1970) to their product, arguing that what they produce is "khandsari sugar" and not "khandsari" covered by the Act, and that the levy of …
The petitioners were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. While their detention orders were pending before the Gujarat High Court, the Court quashed the orders by exercising its extraordinary jurisdiction, but the same day fresh …
The appellants sought validation of land transfers under the Madhya Pradesh Abolition of Proprietary Rights Act, 1950, which the Collector approved. The Commissioner, invoking section 50 of the Madhya Pradesh Land Revenue Code, 1959, issued a revision of the Collector’s order, which was affirmed by …
The Supreme Court examined several appeals concerning eviction petitions under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The central issue was the interpretation of "wilful default" in the proviso to section 10(2)(i) and its Explanation, which states that a default is wilful if it …
Four persons were tried before a Sessions Judge for murder and related offences; Mohinder Singh was convicted under Section 304 IPC and sentenced to seven years' rigorous imprisonment, while the other three were acquitted. The State appealed the acquittals and also appealed Mohinder Singh's …
The appellant challenged the election of respondent No. 3 to the Punjab Legislative Assembly on the ground that the candidate had committed a corrupt practice under section 123(3) of the Representation of the People Act, 1951. The allegation was that the Akal Takht, the supreme religious authority …
The petitioner challenged the election of the respondent, who was the Accountant‑in‑charge of Agartala Municipality, on the ground that he held an office of profit under the Government of Tripura within the meaning of Article 102(1)(a) of the Constitution. The High Court held that the municipal post …
Ram Sharan Yadav, a Communist Party candidate, was elected to the Bihar Legislative Assembly in 1977. The defeated candidate, Thakur Muneshwar Nath Singh, filed an election petition alleging that Yadav had engaged in corrupt practices of undue influence under Section 123(2) of the Representation of …
In the 1982 Haryana Legislative Assembly election, Bhagmal was declared elected by a margin of ten votes over Parbhuram. Parbhuram filed an election petition alleging improper counting and the influence of a Naib Tehsildar on the Returning Officer, leading to a recount of rejected ballot papers. The …
The respondent, an Inspector of Police, was accused of demanding and accepting a bribe of Rs.2000 from a complainant (Rege) to suppress a case under the Bombay Prohibition Act. The prosecution proved the transaction through eyewitnesses, an ultraviolet powder test on the money and the accused's …
Seven persons were tried for a series of murders allegedly committed as part of a criminal conspiracy under s.302 read with s.120B IPC, and for murder under s.302 read with s.34 IPC. The trial court acquitted all of them of the conspiracy charge but convicted two of them (accused 1 and 6) for the …
The Supreme Court heard writ petitions highlighting that a large number of adivasi persons were being detained in jails without trial for petty offences. The Court observed that many cases were pending for years, violating the right to speedy trial. It directed that adivasi accused facing sentences …
Nasirul Haque, a tenant, appealed a second appeal order of the Patna High Court that had dismissed his challenge to an eviction decree. The High Court had remanded the matter to the trial court for a finding on partial eviction, accepted the trial court's finding without scrutiny, and dismissed the …
The State of Bihar issued a Section 4 notification on 19 August 1974 to acquire 1,034.94 acres in Village Digha for a housing scheme, following the procedural steps under the Land Acquisition Act, 1894. On 24 May 1980, a 4.03‑acre parcel belonging to the influential Pandey families was released …
The Milli Talimi Mission, a minority teachers' training college, applied for university affiliation in 1977. Despite inspections and recommendations for affiliation by the university and the Education Commissioner, the Bihar Government repeatedly delayed, cancelled, and refused affiliation without …
The wife filed a suit under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights, and a consent decree was passed. After a year, the husband filed a petition under Section 13 for divorce, claiming that no cohabitation had occurred following the decree. The trial court …
The respondent, a union secretary, allegedly fired a pistol at a company manager outside an industrial tribunal, killing him. Three eye‑witnesses (PWs 5, 6 and 7) testified that they saw the shooting and that the accused was seized by them and the police. A cryptic telephonic message about the …
Dharmesh Prasad Verma appealed against the election of Faiyazal Azam to the Bihar Legislative Assembly, alleging that Azam committed a corrupt practice under Section 123(5) of the Representation of the People Act, 1951 by procuring a jeep from his friend Kabir Ahmed and using it to convey voters to …
The appellant Sharad Birdhichand Sarda was convicted of murder under s.302 IPC for allegedly poisoning his wife Manju with potassium cyanide and sentenced to death. The prosecution's case rested entirely on circumstantial evidence, including the deceased's letters, oral statements to relatives, and …
In 1967, court staff removed used court‑fee stamps from old High Court files and reused them in new cases, prompting an investigation that led to charge‑sheets under sections 262, 263, 467, 471, 380, 420 and 120B of the Indian Penal Code. The accused contended that the offences under sections 467, …
The landlord obtained a decree for ejectment against the tenant in 1973, but the decree was held inexecutable under Section 9 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The tenant raised a jurisdictional objection, and the execution petition was …
The Life Insurance Corporation of India (LIC) requisitioned the removal of certain directors of Escorts Ltd. under Sections 166 and 284 of the Companies Act, 1956, and gave notice for an extraordinary general meeting. The Bombay High Court, on a writ petition, stayed the notice, prohibiting any …
The dispute concerned the sale of a six‑bigha property in Duffers Lane, Howrah, which had been under the custody of an Official Receiver appointed in a 1952 suit. The appellant, Sadhu Ram Bansal, offered Rs 4 lakhs, paid Rs 1 lakh and was accepted by the Receiver, but failed to pay the balance …
The case concerned the 1980 Assembly election for Jullundur Cantt., where the appellant, Manmohan Kaula, lost to respondent Yash by a narrow margin. Kaula alleged that Yash and his agents committed a corrupt practice under Section 123(4) of the Representation of the People Act, 1951, by publishing …
The Supreme Court considered two appeals filed by Bimla Devi, a landlord, seeking eviction of her tenant from the remaining portion of a house she partially occupied. The central issue was the interpretation of Explanation (iv) to Section 21(1)(b) of the Uttar Pradesh Urban Buildings (Regulation of …
The appellant, a Deputy Superintendent of Police, was removed from service after a departmental inquiry found him guilty of three charges. He sought to summon eight private defence witnesses, but the Uttar Pradesh Administrative Tribunal required him to deposit Rs. 900 for their travel and daily …
In the 1982 Kerala Legislative Assembly election for Eravipuram, appellant A. Younus Kunju lost to R.S. Unni by 789 votes and filed a petition alleging corrupt practices under Section 123(4) of the Representation of People Act, 1951, claiming that Unni's election agent Azeez published a hand‑bill …
A.C. Jose, a losing candidate in a Kerala Legislative Assembly election, challenged the election of Sivan Pillai on the ground that votes cast by electronic voting machines in 50 of 85 polling stations were illegal. The Election Commission had issued a notification permitting the use of machines, …
The case concerned the alleged kidnapping and murder of Brindaban, son of PW‑1. Five persons were tried in 1973 and acquitted; a fresh investigation in 1977 led to the prosecution of Vinod Chaturvedi and co‑accused. The trial court again acquitted them, finding the eye‑witness testimony unreliable …
The landlord sought eviction of the tenant under Section 14(1)(c) of the Delhi Rent Control Act, 1958, alleging that the premises were let for a composite residential and office purpose, which would disqualify the tenancy from protection. The lease deed contained a clause stating the premises were …
The appellants challenged the election petitions filed against them on the ground that the copies served on them were not attested as true and exact copies as required by Section 81(3) of the Representation of the People Act, 1951, and therefore the petitions should be dismissed in limine under …
The Supreme Court examined whether grace marks under Punjab University Regulation Rule 27(a) or 27(b) should be granted to candidates who reappeared for failed subjects in their LL.M. examinations. The respondents, having failed certain papers, reappeared but still did not meet the passing criteria …
The appellant challenged the election of the second respondent from a Scheduled Tribes reserved assembly constituency, alleging that the respondent falsely claimed to belong to the Konda Reddy Scheduled Tribe and had obtained a fraudulent community certificate. The Returning Officer had accepted the …
Haji Mastan Mirza was first detained under the Maintenance of Internal Security Act (MISA) and subsequently under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1973 (COFEPOSA). A show‑cause notice under the Smugglers and Foreign Exchange Manipulators (Forfeiture of …
The landlord, Ratan Lal, sought to evict his tenant, Ravi Dutt Sharma, under section 14(1)(e) of the Delhi Rent Control Act, 1958. He had earlier applied for permission under section 19(1)(a) of the Slum Areas (Improvement and Clearance) Act, 1956, but the application was dismissed. The tenant …
The appellant, having been elected to the Bihar Legislative Assembly, challenged the rejection of four of his nomination papers by the Returning Officer, particularly the paper rejected on the ground of a four‑year age discrepancy between the electoral roll and the nomination. The respondent, the …
The Supreme Court examined appeals by two groups of landowners whose properties in Aurangabad were acquired for a medical college under the Land Acquisition Act, 1894. The Land Acquisition Officer had awarded very low compensation, which was enhanced by a Civil Judge and later varied by the High …
The respondent filed an election petition alleging corrupt practices by the returned candidate. The returned candidate sought dismissal of the petition in limine under Section 86 of the Representation of the People Act, claiming the petition violated Section 81(3) because copies of documents and …
The appellants, members of Commercial University Ltd (CUL), were prosecuted under Section 24 of the University Grants Commission Act, 1956 for continuing to use the word "University" and for conferring degrees after the Act came into force, despite CUL being incorporated under the Companies Act, …
Retired Chief Justice Shiv Dayal Shrivastava filed a writ petition under Article 32 seeking the cash equivalent of his unutilised earned leave. The Supreme Court had earlier held in Union of India v. Gurnam Singh that judges are entitled to such payment under Rule 20B of the All India Services …
Avtar Singh Brar challenged the election of Tej Singh to the Punjab Legislative Assembly, alleging that Tej Singh had engaged in a corrupt practice by circulating posters that falsely claimed candidate Ruplal had withdrawn and that votes for Tej Singh would count as votes for Ruplal. Evidence, …
An election petition filed by Anand Sharma challenged the election of Daulat Ram Chauhan to the Himachal Pradesh Legislative Assembly on the ground that Chauhan, his election agent and two other candidates, K.D. Batish and Puran Chand Sood, allegedly used libelous slogans and pamphlets to alienate …
The case concerned a challenge by fertilizer dealers to a Uttar Pradesh Government notification issued under Rule 114 of the Defence of India Rules, 1971, which fixed the selling price of fertilizer stocks acquired before 31 May 1974 at the lower price fixed by an earlier Central Government …
In the 1980 Bihar assembly election, M.K. Pandey was declared elected and the defeated Baidyanath filed an election petition alleging corrupt practices. The petition copy served on Pandey contained numerous errors, including omitted and incorrect names of alleged perpetrators. Pandey argued that the …
The case concerned an election dispute in Madhya Pradesh where the respondent, Maya Devi, claimed to belong to the Katia scheduled caste despite being born to Christian parents. The appellant challenged her eligibility, arguing that conversion to Christianity caused a loss of caste and that …
In the 1979 Uttar Pradesh Vidhan Sabha election for a Scheduled Caste reserved seat, Jhilmit Ram was declared elected by a margin of 373 votes over Chhedi Ram. A third candidate, Moti Ram, whose caste status made him ineligible for the reserved constituency, had his nomination improperly accepted …
The appellant S. Anbalagan challenged the election of B. Devarajan, who had been elected from a Lok Sabha seat reserved for Scheduled Castes, on the ground that Devarajan was a Christian by birth and therefore not a member of the Scheduled Caste. The Election Tribunal held that Devarajan was a Hindu …
In the Metropolitan Council election from the Narela constituency, Hari Ram was declared elected with 12,369 votes, defeating Hira Singh who secured 12,131 votes. Hira Singh filed an election petition and, at the interlocutory stage, sought an order directing the Returning Officer to produce the …
The Supreme Court examined two issues arising from a Rajya Sabha election in Uttar Pradesh: whether the Secretary of the State Legislative Assembly could be appointed as Returning Officer under Section 21 of the Representation of the People Act, 1951, and whether an elected Assembly member who had …
In the 1980 Uttar Pradesh Legislative Assembly election, the nomination of Roshanlal Dobray, an Assistant Teacher in a basic primary school, was rejected on the ground that he held an office of profit under the State Government, disqualifying him under Article 191(1)(a) of the Constitution. The High …
The petitioners challenged the constitutional validity of Sections 14M, 17(c), 17(1) and 21B of the West Bengal Land Reforms Act, 1955 as amended by the 1972 and 1977 Amendment Acts, alleging that the amendments were confiscatory, violated Articles 14, 19 and 31C, and were not covered by the Ninth …
The appellant challenged the respondent's claim that a contract with the Government for widening a road was still subsisting at the time the respondent filed his nomination paper. The respondent had sent a letter on 30 November 1979 to the Executive Engineer stating that he was closing the contract …
Jethsur Surangbhai, Chairman of the Jasdan Taluka Sahkari Kharid Vechan Sangh Ltd, was charged under IPC sections 120B, 109, 408, 467 and 471 for alleged conspiracy to commit criminal breach of trust and related misappropriations. The charge of conspiracy failed and the Sessions Court acquitted all …
In the 1980 Haryana Legislative Assembly election for constituency No.5 (Hathin), the returned candidate Azmatkhan secured 12,828 votes and was declared elected. Respondent Khillan Singh filed an election petition, and the returned candidate filed a recrimination petition under Section 97 of the …
The Supreme Court examined a series of petitions challenging the denial of admission to postgraduate medical courses in Uttar Pradesh. The State Government had issued an order under s.28(5) of the U.P. State Universities Act, 1973 prescribing that merit for admission be determined solely by the …
The respondent, Dr. G.K. Ghosh, a government orthopaedic surgeon, was convicted by a Special Judge for demanding and accepting illegal gratification from a patient’s father under Section 5(1)(d) of the Prevention of Corruption Act, 1947 and for criminal intimidation under Section 161 IPC. The …
The State of Uttar Pradesh challenged the refusal of a competent authority to permit L.J. Johnson to sell a portion of his 2,530 sq m parcel, which included a small building, on the ground that the total area exceeded the 2,000 sq m ceiling for Category D urban land under the Urban Land (Ceiling & …
The respondents were convicted under s.302 read with s.34 IPC for murdering Rajinder Kumar. The High Court acquitted them, holding that the eye‑witness statements were inconsistent with the post‑mortem report, that the FIR omitted details about the use of spears as lathis, and that the witnesses …
Geeta Enterprises and others operated a video parlour where patrons could view and play video games of sports and other amusements by inserting a 50‑paise coin for each 30‑second session. The petitioners argued that because the shows involved skill and no admission fee was charged, they did not fall …
L.V. Jadhav, the father of the bride, complained that during his daughter's marriage the groom's father and son demanded Rs. 50,000 as dowry, threatening to halt the ceremonies. The Judicial Magistrate issued summonses, but the Bombay High Court quashed the proceedings, holding that no offence under …
The appellants, industrial consumers with their own electricity‑generating plants installed before 2 January 1973, also purchased power from the State’s licensees and challenged the liability to pay electricity duty under the Uttar Pradesh Electricity (Duty) Act, 1952. They argued that Section …
A long‑standing feud between two families in Punjab resulted in a series of five murders on the night of 12‑13 August 1977, killing seventeen people. Machhi Singh and eleven associates were tried in five separate sessions cases; four were sentenced to death and nine to life imprisonment. The Supreme …
A Food Inspector entered the appellant's grocery shop and demanded a sample of dhania for analysis. The appellant left the shop under the pretext of passing urine and did not return for about one and a half hours, after which the inspector took the sample in his absence. The appellant was charged …
The appellant, a recognised trading house, had acquired a Replenishment (REP) licence by transfer from a manufacturer‑exporter and sought endorsement to import raw materials under paragraph 138(1) of the Import Policy, 1981‑82. The licensing authority refused, relying on a circular dated 31‑Aug‑1981 …
The appellant, a Godown‑Keeper of the Food Corporation of India, was transferred from the Northern to the Eastern region at his request and later retransferred back with an assurance that his original seniority would be restored. Subsequent promotions of his juniors led him to seek inclusion in the …
The State of Bihar appealed against a Patna High Court judgment that upheld the title suit of Radha Krishna Singh, who claimed to be the nearest reversioner of the late Maharaja Harendra Kishore Singh's estate. The dispute centered on whether the plaintiffs could prove the genealogical links …
The respondent, a teacher absorbed into Madhya Pradesh government service, had his employment terminated after a police report alleged his prior involvement in RSS and Jan Sangh activities. The High Court quashed the termination, holding that the order was punitive and violated Article 311 of the …
The Official Liquidator instituted misfeasance proceedings under Section 543 of the Companies Act, 1956 against the directors of a company in liquidation, including Dr. S.N. Sinha. Dr. Sinha died intestate during the pendency of the suit, and his heirs and legal representatives were substituted in …
The case concerned a partition suit for 108 acres of land where the original decree holder assigned his 3/8 share to Vishnu Hari Patil, who initiated execution proceedings under Section 54 of the Code of Civil Procedure. During the pendency of the partition, the appellants purchased five fields from …
A food inspector found toffees sold by a shop to be adulterated under the Prevention of Food Adulteration Act. The Municipal Corporation of Delhi filed a complaint against the manufacturer, its manager and its directors. The Metropolitan Magistrate summoned all accused, but the Delhi High Court …
The Municipal Corporation of Delhi filed a complaint under sections 7, 16 and 17 of the Prevention of Food Adulteration Act alleging that Hindustan Sugar Mills’ milk‑toffees were adulterated. Paragraph S of the complaint specifically named Ram Kishan Bajaj (Chairman), R.P. Neyatiya (Managing …
The case concerned the seniority of Marketing Inspectors promoted to Senior Marketing Inspectors in Uttar Pradesh before a policy introduced a 50:50 quota for promotion and direct recruitment. Respondents 2‑5, who were promoted by promotion, were later placed below later‑appointed direct recruits in …
The Supreme Court considered an appeal by N. Bhatnagar, who occupied flat No. 52 in Shyam Niwas under a leave‑and‑licence agreement with a co‑partner member of Shyam Cooperative Housing Society. After the licence was terminated in 1965, the society and the member sought his eviction under section …
Baldev Singh rented a house in 1961 and lived there with his mother, brother and sister. In 1971 he migrated to Canada, leaving his mother, brother and sister in the premises who continued to pay rent. The landlord sought eviction under section 14(1)(d) of the Delhi Rent Control Act, 1958, arguing …
The petitioners, former part‑time village officers in Tamil Nadu, challenged the Tamil Nadu Abolition of Posts of Part‑time Village Officers Ordinance, 1980 and the subsequent Act, 1981, alleging violations of Articles 19(1)(g), 14 and 311(2) of the Constitution. The State argued that the posts were …
Umesh Chandra was charged under sections 364 and 302 IPC for an offence committed on 12 March 1973. He claimed to be a child (under 16) at the time and sought trial under the Rajasthan Children Act, 1970, which mandates that delinquent children be tried in a Children’s Court. The High Court held the …
The Central Government, under the Sugar (Control) Order 1966, issued Order No. GSR‑410‑E/Ess. Com./Sugar on 14 July 1980 limiting the quantity of vacuum‑pan sugar and khandsari that recognised dealers could keep in stock and imposing a ten‑day holding period. Recognised dealers challenged the order …
Ram Karan and his sons were involved in a violent altercation arising from a land encroachment dispute. During a sudden quarrel, knives were used, resulting in the deaths of Prakash Chandra, his son Umesh Chandra, and Ram Karan's son Chhotey Lal, and injuries to Dinesh Chandra. The trial court …
The appellant, Mohanlal Gangaram Gehani, was convicted under s.326 IPC for stabbing an injured man. On appeal, the Supreme Court examined the admissibility of a doctor’s hospital‑register statement that named the assailant as "Tiny" (originally written as "Tony"), the applicability of Section 145 of …
The appellant, Babu Singh Chauhan, was allotted a residential unit by the Rent Control and Eviction Officer after the previous tenant gave notice to vacate. The landlady, Rajkumari Jain, was not consulted for a nomination despite her ownership and partial occupation of the building, and her …
The United Commercial Syndicate, acting as purchasing agent for Lingo Sulphite Corporation, entered into an agreement with the Uttar Pradesh State Sugar Corporation to buy 28,300 quintals of molasses at the statutory price of Rs 9 per quintal, with a fallback clause allowing payment of Rs 25.10 per …
The appellant, a land‑holder under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, challenged a Collector’s order that allotted him twelve units of land, although he had claimed fifteen. The State of Bihar neither appealed the Collector’s order nor filed …
The plaintiff Idandas, the landlord, leased an open piece of land to the defendant Anant Ramchandra Phadke, who installed a flour mill and used the land solely for that purpose. The landlord sought eviction, claiming the tenancy was month‑to‑month and that a one‑month notice sufficed, while the …
The case concerned doctors who had been absorbed from the Punjab Civil Medical Service into the Central Health Service and later opted to join the newly created Himachal Pradesh Health Service. The petitioners challenged the seniority list prepared by the State, the constitution of the Departmental …
SirajMohammedKhan appealed against a judgment granting his wife, Hafizunnisa, maintenance under Section 125(3) of the Code of Criminal Procedure, 1973. The wife had proved that the husband was impotent and therefore unable to fulfil his marital obligations, and she refused to cohabit with him. The …
The Supreme Court examined the constitutionality of Air India Employees Service Regulations 46 and 47, which mandated retirement of air hostesses (AHs) at age 35, on marriage within four years of service, or on first pregnancy, and allowed the Managing Director to extend service up to age 45. The …
In a suit for specific performance filed in the original side of the Bombay High Court, the plaintiff sought the appointment of a receiver and an interim injunction. The single Judge dismissed the application, and the plaintiff appealed to a Division Bench, which held the appeal was not maintainable …
The case involved a long-standing dispute over a vacant plot of land between the appellants and Pahelwan (PW I) and his son Ram Swarup. The appellants threw rubbish on the land, leading to an altercation; later, armed appellants attacked PW I and his son, during which PW I snatched a spear and …
The State of Punjab charged Sarwan Singh with embezzlement under IPC s.406, alleging the offence occurred on 22 August 1972 and was detected on 5 January 1973. The trial court convicted him in 1976, sentencing him to one year rigorous imprisonment and a fine. On appeal, the Punjab and Haryana High …
The appellants, displaced persons, were allotted sailab land which later fell under the Punjab Security of Land Tenures Act, 1953. Revenue authorities, applying the Act, allowed each appellant only 50 standard acres and declared the balance surplus. The appellants contended that the classification …
The appellant Dagadu was convicted of murder under IPC s.302 and sentenced to life imprisonment. The Bombay High Court dismissed his first appeal summarily, using only the word "rejected" and providing no reasons. The Supreme Court examined the High Court's power under CrPC s.384 (formerly s.421) to …
The appellants were involved in an irrigation dispute during which the deceased, Mainu Manda, prevented them from irrigating their land. Bhudeo Mandal, one of the appellants, struck the deceased, causing his death, while the other appellants were armed with lathis but caused no injuries. The …
The appellant, Sonia Bhatia, claimed ownership of 80 bighas of land gifted to her by her grandfather on 28 January 1972, after the statutory cut‑off date of 24 January 1971 under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. The Prescribed Authority ignored the gift under …
The respondent, V.K. Rajan, was a temporary government servant who rose from casual labourer to Ammunition Repair Labourer, Grade II, and was later terminated. He challenged the termination under Article 226, alleging that his appointment was permanent and that terminating him while juniors remained …
The case involved a mortgaged bungalow that, after a compromise decree allowing sale on default, was leased to three tenants. When the mortgagor failed to pay, the bank sold the property at a court auction and the highest bidder, Gyan Chand Jain, obtained a sale certificate. Jain applied under Order …
In Uttar Pradesh, a severe sugar shortage prompted the Cane Commissioner to issue a notification under clause 8 of the Sugarcane (Control) Order, 1966, banning all power crushers in the reserved areas of sugar mills from 9 Oct 1980 to 1 Dec 1980, except those described as ‘vertical’. The …
P.C. Wadhwa, an IPS officer, was deputed to the Haryana State Electricity Board as a Vigilance Officer. The Governor's order protected his pay but did not mention a deputation allowance. Wadhwa claimed entitlement to such allowance under Rule 2(b) of the All India Services (Conditions of …
The petitioners, New India Sugar Works, challenged a Uttar Pradesh government order imposing a levy on khandsari sugar, arguing that the levy should not apply to sugar produced before the order and that the fixed levy price did not cover manufacturing costs, violating their constitutional rights. …
During the construction of Yeshwant Stadium, two accidents caused seven deaths and eight injuries. The municipal officers responsible for the work were suspended pending a departmental inquiry, first on 23 September 1974 and again after a charge‑sheet under IPC 304A was filed in 1976. The High Court …
The petitioners challenged the West Bengal Land Reforms Act, 1955 and its amendments of 1972 and 1977, alleging violations of Articles 14 and 19 of the Constitution and claiming the provisions were arbitrary, discriminatory and unreasonable. The Court examined whether the Acts, placed in the Ninth …
Man Mohan Tuli owned godowns on the Grand Trunk Road where goods destined for places beyond Delhi were unloaded, sorted and reloaded before passing through Delhi. The Delhi Municipal Corporation had issued orders to collect terminal tax on these goods at the entry to Tuli's land. The High Court …
Zohra Khatoon, the legally married wife of Mohd. Ibrahim, filed a petition under Section 125 of the Criminal Procedure Code, 1973 for maintenance for herself and her minor child after the husband neglected her. The trial magistrate granted Rs.100 per month to both, but the High Court quashed the …
The State of Assam acquired 7.60 acres of land at Lawsohtun, Shillong under the Land Acquisition Act, 1894. The owners negotiated a reduced compensation of Rs 4,41,202.45, signing an agreement on 24 February 1969 that they would accept this amount and make no further claim for compensation if …
The appellants, members of the Pani family, owned a temple dedicated to the family deity Radhakanta Deb. They sued under s.62(2) of the Orissa Religious Endowment Act, 1939 to set aside a government order that declared the temple a public endowment governed by the Act. The trial court held the …
The Supreme Court heard appeals by special leave against Orissa High Court judgments that had quashed the removal of several railway employees following disciplinary enquiries. The issues were whether a second enquiry on the merits could be held after an earlier order of reversion was set aside on a …
Kshitis Chandra Bose sued the Ranchi Municipality for declaration of title and possession of plot No. 1735, claiming title by a 1912 Hukumnama and by prescription after 30 years of continuous, open, hostile possession. The trial court and the Additional Judicial Commissioner upheld his claim on both …
Kirit Kumar was detained under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. He challenged the detention in the Gujarat High Court, arguing that documents referred to in the grounds of detention were not supplied, preventing an effective …
The State of Karnataka appealed against the Karnataka High Court’s order acquitting Hemareddy alias Vemareddy of offences under Sections 467 read with 114 of the IPC and 193 IPC, and modifying the sentence of Pyatal Bhimakka. The case arose from a dispute over land mortgaged for twenty years, where …
The State charged Satyen Bhowmick and others under the Official Secrets Act for passing military secrets. During a commitment inquiry the prosecution invoked Section 14 of the Act to hold the trial in camera and to bar the accused from obtaining copies of witness statements. The magistrate allowed …
The respondent, C.M. Soni, was detained under section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on 20 October 1978. The order of detention listed several grounds, one of which (ground No. 7) was held by the Gujarat High Court to be …
The petitioner, K. K. Khushalani, was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 20‑10‑1980. Although the grounds of detention were served, the documents and materials on which the order relied were supplied only on 05‑11‑1980, and the …
The State of Bihar charged seven respondents under Section 7 of the Essential Commodities Act for alleged misappropriation of G.C. sheets. The case, initiated in 1963, suffered extreme delays with the charge framed only in 1967 and the trial dragging on for over 20 years. The Patna High Court …
The appellants, owners of land leased to Narain Das Lachman Das Oil Mill (later Northern India Oil Industries Ltd), gave a notice on 26 February 1944 terminating the lease and allowing the lessee until 30 June 1944 to remove machinery, stores, and buildings as per clause 6 of the lease dated 2 June …
The appellants, directors of Morvi Vegetable Products Ltd., were convicted under Section 22A of the Minimum Wages Act for failing to maintain wage registers and related documents. They contended that their plant, which manufactured vanaspati (hydrogenated vegetable oil), was not an "oil mill" and …
The appellant challenged the Allahabad High Court's order quashing a magistrate's final decree under CrPC s.145, which granted him possession of disputed land. The magistrate had recorded a finding of breach of peace in the preliminary order but omitted such a finding in the final order. The High …
Razia Umar Bakshi was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) by the Gujarat Government. The detention order and its grounds were written in English, a language she did not understand, and no translation or explanation …
The Travancore Tea Co. Ltd., a tea plantation owning 17 motor vehicles, claimed that the vehicles were used only on private estate roads for agricultural purposes and therefore exempt from tax under the Kerala Motor Vehicles Taxation Act, 1963. The State levied tax, seized a lorry and the company …
Ata Mohd applied for a lease of plot 227 adjoining a public road in Gorakhpur. The Municipal Board granted the lease in 1945, which was later approved by the District Magistrate and a KABULIYAT was executed. The State of Uttar Pradesh later cancelled the lease, claiming the land was Nazrul (state) …
The plaintiffs, two minors, entered into an agreement through their mother and natural guardian to purchase a house for Rs 11,000, paying Rs 1,000 as earnest money. The seller failed to perform, and the minors sued for specific performance. The trial court decreed in their favour, but the High Court …
Four tenants of agricultural land owned by Raj Kanta applied to purchase the land under Section 18 of the Punjab Security of Land Tenures Act, 1953 and paid the first instalment. They failed to pay the rent for Kharif 1961, which was due on 15 January 1962, and offered no sufficient cause. The …
The plaintiff, a landlord, leased two plots of land to the defendant, who was permitted to erect buildings. The defendant built a three‑storey structure on one plot but repeatedly defaulted on rent and tax payments, leading to forfeiture of the lease. The landlord sued for ejectment of both the land …
The Union of India supplied steel to J.K. Gas Plant Manufacturing Co. for a gas plant; surplus steel was directed by the Kanpur Controller to be delivered to Govan Brothers Ltd. The price for the surplus steel remained unpaid, prompting the plaintiff to sue the Union for the price plus interest. The …
The State of West Bengal sought to acquire 73 acres of land for Calcutta Mineral Supply Company, which manufactured chemicals that saved foreign exchange. The acquisition was initiated in 1954 and completed in 1957, before the 1962 amendment to the Land Acquisition Act. The High Court quashed the …
The widowed appellant and her daughter claimed arrears of salary for their deceased husband, a tubewell technician who was illegally dismissed in 1954 and later reinstated by the Superintending Engineer in 1955. The trial court and first appellate court held that the employee was entitled to full …
The Municipal Committee of Bahadurgarh had repeatedly promised that the Fateh Mandi would be exempt from octroi duty, a promise later withdrawn by the State of Haryana under its statutory powers. The petitioners, who bought plots in the market relying on the exemption, challenged the State's order …
The Supreme Court examined the conviction of V.C. Shukla and Sanjay Gandhi for alleged conspiracy to destroy the film "Kissa Kursi Ka" under various sections of the Indian Penal Code. The Court held that the Special Courts Act, 1979 – which created special courts for offences by persons holding high …
Two election petitions were filed by defeated candidates alleging that the elected candidate, Sultan Ahmad Owasi, indulged in corrupt practice by delivering speeches that promoted religious hatred. The appellant denied making any such speeches and sought to prove an alibi, claiming he was in Adoni …
The landlord (appellant) had a lease with Laxmi Bank, which was declared the real tenant in a 1948 suit. After the bank was wound up, the Official Liquidator sold the tenancy rights to respondent No.1, who took possession in February 1961. The landlord obtained a decree for eviction of the bank on …
Himalayan Tiles & Marbles (P) Ltd., a private manufacturing company, sought acquisition of land for its business and the Government issued notifications under the Land Acquisition Act, 1894. The acquisition was challenged by the landowner on the ground that it was not a public purpose, leading a …
Pradesh Kumar Bajpai, the landlord, sued Binod Behari Sarkar for eviction, arrears of rent and mesne profits. The tenant argued that, despite the Uttar Pradesh (Temporary) Control of Rent and Eviction Act being applicable, he was entitled to the relief under Section 114 of the Transfer of Property …
K.M. Patel sued the firm of Mohamad Hussain for the price of 225 bags of tobacco that he had delivered to the firm, alleging that the firm had placed an order with him and later issued four cheques which were dishonoured. The defendant denied any contract, claiming the goods were ordered from …
The State of Gujarat, through the Ahmedabad Municipal Corporation, issued a notice under Section 233 of the Gujarat Municipality Act to evict Patel Bava Karsan from a piece of municipal land on the ground of unauthorized occupation. The respondent challenged the notice invoking Articles 14 and 19 of …
Ramchandra A. Kamat was detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and arrested on 5 September 1979. He sought to make a representation against his detention but was denied copies of the statements and documents referred to in …
The petitioner’s brother was detained on 31 August 1979 under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). He made two representations to the Central Government, invoking section 11 of the Act for revocation of the detention, but …
The appellants, former zamindars, had granted two Thekas (leases) to the respondents in 1933 and 1943, permitting the lease‑holders to remain in possession, sublet, and collect government revenue. The dispute centered on whether the respondents qualified as hereditary tenants under Section 12 of the …
The appellant sought compensation for land acquired by the State of Bihar and was awarded Rs. 20,231.67, which he contested as being far below the market value of Rs. 2,80,000. The matter was referred to a three‑member arbitration board, which confirmed the compensation award. The appellant …
Uttam Chand filed a return showing 370 acres of land, but claimed that a 1956 partition gave him 202 acres, after which he transferred 51 acres and gave some land to his adopted son, who later transferred 93.25 acres to Chand's wife. All these transactions occurred before the Maharashtra …
Gumman Mal was found to be in possession of 28 gold biscuits with foreign markings hidden in a secret chamber of his safe. He admitted that the gold was brought from outside the country by an unknown person and that he held no permit under the Reserve Bank of India or the Gold Control Administrator. …
The petitioner was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He filed a representation on 27 September 1979, which the Government received on 28 September but rejected only on 3 November, creating a delay of over a month. …
The appellants were convicted of murder under sections 302 and 149 of the IPC based primarily on a dying declaration made by the victim Antarjami to a doctor. The trial court had acquitted them, rejecting the dying declaration as unreliable and finding the eye‑witnesses unreliable. The High Court …
The landlady (V. K. Chowdhry) sought eviction of her tenant (N. D. Taneja) under clause (e) of the proviso to section 14(1) of the Delhi Rent Control Act, claiming she needed the premises for her own residence. The Additional Rent Controller refused eviction, finding procedural deficiencies. The …
The case concerned a dispute over a house in Varanasi claimed to be property of the Garwaghat Math, a religious institution of the Sant Mat Sampradaya. The appellant argued that the plaintiff, a Sudra, could not be ordained as a sanyasi or mahant and that the house was his personal inheritance, not …
The respondent, a retired Air Force officer who had been re‑employed and transferred to the Regular Air Force Reserve and subsequently to the Auxiliary Air Force, was charged under section 5(2) of the Prevention of Corruption Act for offences alleged to have occurred between March 1965 and March …
The appellants Dhanabal and his brother were convicted of murder under IPC s.302 read with s.149 for the killing of their sister‑in‑law Rasayal. The conviction relied heavily on the testimony of PW‑1, 2, 3 and 5, whose statements were recorded in the committal court, later transcribed under CrPC …
V.C. Shukla was charged under the Special Courts Act, 1979 and the Special Judge ordered that a charge be framed against him. The State raised a preliminary objection, arguing that the order was merely an interlocutory one and that, under section 11(1) of the Act (which contains a non‑obstante …
Three accused were acquitted by a Sessions Judge for murder and related offences, but the State appealed and the Gujarat High Court convicted them. The appellants then appealed to the Supreme Court under section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. …
The appellants, sisters, filed a suit for partition and separate possession of their share in ancestral joint family property, alleging they were in joint possession. They paid court fee under Section 37(2) of the Tamil Nadu Court Fees and Suits Valuation Act. The trial court directed them to pay …
The State of Delhi filed a complaint under the Prevention of Food Adulteration Act, 1954 alleging that groundnut oil sold by Ahmed Oomer Bhoy's Delhi branch was adulterated. The complaint named the manufacturers, distributors, retailer, the person nominated under s.17(2) as responsible, and the two …
The appellant, a tenant of a shop owned by Sher Singh, was served with an ejectment application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for alleged arrears of rent. The tenant deposited the full arrears, interest and costs with the Rent Controller on 4 May 1967, a week …
The appeal challenged the Delhi High Court’s order refusing to initiate contempt proceedings against the respondents for filing written submissions after the judgment was reserved. The appellant argued that such submissions were private communications to the Company Judge and thus amounted to …
The Municipal Corporation of Delhi appealed the acquittal of Tek Chand Bhatia, a wholesale dealer in cashew nuts, who was charged under the Prevention of Food Adulteration Act, 1954 for selling insect‑infested nuts. Samples taken from his shop were found to be infested by more than 20% insects. The …
The tenant Kewal Singh occupied premises under a lease when the landlord Lajwanti filed an eviction suit under the Delhi Rent Control Act invoking sections 14A(1), 14(1)(e) and 14(1)(f). She later withdrew the bonafide necessity and repair grounds, then amended the suit to re‑insert the 14(1)(e) …
The respondents were convicted under s.16(1)(a)(i) of the Prevention of Food Adulteration Act for selling confectionery drops containing cool‑tar dye. The Bombay High Court acquitted them on the ground that the sample sent to the public analyst was less than the 500 g minimum required by Rule 22, …
The Supreme Court examined the compulsory retirement of M.E. Reddy, a senior IPS officer, ordered under Rule 16(3) of the All India Services (Death‑cum‑Retirement) Rules, 1958. Reddy challenged the order, alleging it violated Article 311(2) of the Constitution, was arbitrary, mala fide and denied …
The Karnataka Government promulgated the Contract Carriages (Acquisition) Ordinance, 1976 which provided that certain employees of contract carriage operators would be automatically absorbed into the Karnataka State Road Transport Corporation (KSRTC) at a ratio of 7.9 per vehicle. The Ordinance was …
The case involved a public servant (A‑1) and a contractor (A‑2) who were charged with conspiracy to cheat the Government by preparing inflated bills, false muster rolls and false statements for a canal‑deepening project. The prosecution alleged that the number of labourers and the work done were …
In the 1977 Tamil Nadu Assembly election for the Taramangalam constituency, R. Narayanan was declared elected by a narrow margin of about 19 votes. S. Semmalai filed an election petition under the Representation of the People Act, 1951 alleging counting irregularities and seeking a recount and …
The Supreme Court examined the validity of a transport scheme prepared by the Uttar Pradesh State Transport Undertaking under sections 68C (draft scheme) and 68D (approved scheme) of the Motor Vehicles Act, 1939. The scheme did not specify the exact number of services (buses, trips) to be provided, …
The Supreme Court examined the award of dearness allowance granted to workers of five cooperative sugar factories in Gujarat. The Industrial Court had increased the graduated dearness allowance and allowed a variable dearness allowance at 125% neutralisation, which the High Court later set aside. …
Pratap Singh was appointed as a temporary Assistant Sub‑Inspector of Police on 2 July 1973. His services were terminated on 26 September 1977 by the Senior Superintendent of Police. He challenged the termination, arguing that Rule 12.8(1) of the Punjab Police Rules placed him on a three‑year …
Rameshwar Prasad filed a writ petition under Article 32 challenging the Governor's order that superseded his promotion to Additional District Judge by promoting other subordinate judges. He contended that his unblemished judicial record warranted promotion and that the High Court's recommendation to …
The Nizam's Jewellery Trust, created by the late Nizam of Hyderabad, authorized its trustees to sell jewellery at their discretion after a three‑year period. In 1978 the Board of Trustees resolved to sell 37 items, but only four of the five trustees opened the tenders and purportedly accepted bids …
G.R. Luthra and D.R. Khanna were recruited to the Punjab Judicial Service in 1950, Luthra securing a higher rank and a permanent post while Khanna obtained a lower rank and a temporary post. After the creation of Haryana and the Delhi High Court, both officers continued serving in Delhi and were …
Rohtas was charged with murder under IPC s.302. The Sessions Judge, after evidence, realized Rohtas fell within the Haryana Children Act, 1974, and remitted the case to a magistrate to try him under that Act. The brother of the deceased filed a revision, and the Punjab and Haryana High Court held …
