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258 judgments · newest first · showing 201–258
The Supreme Court examined an election petition challenging the Lok Sabha election of Gadakh Yashwantrao Kankarrao from Ahmednagar on the ground that he had committed a corrupt practice under Section 123(4) of the Representation of the People Act, 1951. The petition alleged that Gadakh and the then …
The Gujarat Housing Board Engineers Association and certain board employees challenged a direction from the Gujarat State Government that the Board appoint an officer from the State's Building and Communication Department on deputation to the post of Assistant Housing Commissioner (Technical). The …
The plaintiff (borrower) entered into contracts with suppliers for a 108 MW captive power plant and with a consortium of banks, including Svenska Handelsbanken, for financing. The plant was later found to have a capacity of only 60 MW, leading the plaintiff to allege fraud by the suppliers and the …
The Supreme Court examined compensation for several plots of land acquired for a printing‑machinery factory. The lands, owned by three different claimants, differed in location, size and shape. The Land Acquisition Officer and the Punjab‑Haryana High Court had fixed a uniform market‑value rate per …
The appellants, Stridewell Leathers Ltd., filed a petition under Sections 397/398 of the Companies Act, 1956 before the Company Law Board concerning Shoe Specialities Pvt. Ltd., whose registered office was in Madras. The Board, sitting in Delhi, passed an order which a shareholder appealed to the …
Dr. Gyan Prakash Singh was appointed on an ad‑hoc basis as Assistant Medical Officer in the North Eastern Railway with an order dated 1 Oct 1984, but he joined duty on 9 Oct 1984. The Supreme Court, in Dr. A.K. Jain (1987), had directed regularisation of all doctors appointed on an ad‑hoc basis "up …
The petitioners challenged land acquisition proceedings initiated between 1959 and 1965, alleging that the government delayed making awards and paying compensation for more than fourteen years after declarations under Section 6 of the Land Acquisition Act, 1894. The Court examined whether such delay …
The appellants owned about 29 bighas of land in Meerut district that were notified for acquisition under the Land Acquisition Act, 1894 for a market. Because of urgency, the government invoked Section 17(1) and took possession before any award was made, also dispensing with Section 5‑A. The …
The landlord filed a suit for ejectment and recovery of rent arrears against the tenant. The tenant applied for time to file a written statement and to deposit the entire arrears under Section 20(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming that the …
Bhuwneshwar Singh, a sepoy, was dismissed from service and sentenced to four months' rigorous imprisonment by a District Court Martial (DCM). He challenged the dismissal, conviction, and sentence in the Calcutta High Court, alleging violations of Army Rules and illegal pre‑trial detention beyond …
Kaka Joginder Singh alias Dharti Pakad challenged the election of K.R. Narayanan as Vice‑President of India, alleging (i) that the Returning Officer wrongly accepted Narayanan's nomination despite substantial defects, and (ii) that a whip issued by the Congress party amounted to undue influence …
The appellants, Jain Exports Pvt. Ltd. and others, imported two consignments of refined industrial coconut oil in 1982 under an Open General Licence, but the 1980‑81 Import Policy listed coconut oil as a canalised item that could be imported only through the State Trading Corporation. The Customs …
The Supreme Court examined the constitutional validity of the Chit Funds Act, 1982, challenged by various chit fund companies and individuals on the grounds that it infringed their right to carry on business under Article 19(1)(g) and that Parliament lacked legislative competence, alleging the Act …
The respondent, S.L. Abbas, a garden curator in the Botanical Survey of India, was transferred from Shillong to Pauri and challenged the order before the Central Administrative Tribunal (CAT), alleging that his wife’s posting, his children’s education, his health, and the non‑application of the …
The respondent, Kewal Kumar, a Deputy Chief Electrical Engineer, was considered for promotion to Senior Administrative Grade by the Departmental Promotion Committee (DPC) on 23‑Nov‑1989. A decision to initiate disciplinary proceedings against him for a major penalty had been taken on 20‑Nov‑1989, …
The petitioners were Sub‑Assistant Engineers who had been appointed as temporary Assistant Engineers on an ad hoc basis between 1972 and 1976, with extensions up to 26 February 1980. They sought seniority from the date of their initial ad hoc appointment, claiming they were direct recruits and not …
The Supreme Court examined challenges by Morvi and Junagadh Municipalities to the Gujarat Municipalities Rules governing consolidated property tax. Taxpayers had contested Rule 5, which allowed the actual rent received to be used as the annual letting value, alleging it was ultra vires Section …
The case concerned three writ petitions filed in the Bombay High Court challenging orders of the Acting Speaker of the Goa Legislative Assembly that purportedly reviewed and set aside earlier disqualification orders of members under the Tenth Schedule (anti‑defection law). The High Court dismissed …
Parkash Kaur mortgaged her house to Sandhooran and the property was later sold at auction. She first filed an application under Order XXI Rule 90 to set aside the sale on 16 September 1974 and subsequently filed an application under Order XXI Rule 89 on 23 September 1974 seeking to withdraw the sale …
Smt. Nilabati Behera filed a writ petition under Article 32 alleging that her son, Suman Behera, died in police custody due to injuries inflicted by police and that his body was later dumped on a railway track. The State of Orissa contended that the son escaped custody and was killed in a train …
Atia Mohammad Begum owned vacant land in Aligarh that was entered in revenue records as agricultural before the Urban Land (Ceiling and Regulation) Act, 1976 came into force on 17‑02‑1976. The competent authority declared the land to be in excess of the ceiling limit, but the District Judge reduced …
The case concerned the constitutionality of the Punjab Village Common Lands (Regulation) Haryana Amendment Acts of 1974 and 1981, which sought to retrospectively bar civil courts from adjudicating disputes over village common lands (shamilat deh) and to empower Assistant Collectors to disregard …
Heera Prasad, a State Bank of India employee, was charged with granting loans without proper documentation and receiving illegal gratification. An initial enquiry found him guilty and he was dismissed, but the Patna High Court set aside the dismissal, directing a fresh enquiry. The same enquiry …
The petitions filed by Sikkimese of Nepali origin challenged the reservation of twelve seats for Bhutia‑Lepcha and one seat for the Buddhist Sangha in the Sikkim Legislative Assembly, arguing that these provisions violated Articles 14, 15(1), 325, 332(3) and the basic structure of the Constitution. …
The Supreme Court heard a contempt petition filed by I. Manilal Singh, Secretary of the Manipur Legislative Assembly, who alleged that Dr. H. Borobabu Singh, the Speaker of the Assembly, had ordered his compulsory retirement as retaliation for implementing the Court’s earlier orders quashing the …
The landlords (Madan Mohan and another) sought eviction of tenant Krishan Kumar Sood under the Himachal Pradesh Urban Rent Control Act, 1987 for non‑payment of rent. The Rent Controller ordered eviction on 29 July 1986, allowing the tenant 30 days to pay the "amount due". The tenant deposited Rs …
The petitioners, owners of arc/induction furnaces classified as large industrial power (LIP) consumers, challenged the Delhi Municipal Corporation's (DMC) resolution that raised the minimum consumption guarantee charges from Rs. 40 to Rs. 340 per KVA for such furnaces. They argued that the increase …
The petitioners, Ahmedabad Manufacturing and Calico Printing Co. Ltd. and others, challenged the levy of central excise duty on the weight of yarn after it had been sized for weaving, contending that duty should be based on the unsized yarn. The High Court had ordered a refund, but the Government …
Gulraj Singh Grewal rented a building in Ludhiana from Dr. Harbans Singh and his son. The landlords sought eviction on three grounds under the East Punjab Urban Rent Restriction Act, 1948: personal need, change of user, and impairment of value. The Rent Controller dismissed the petition; the …
The landlord leased a premises in Chandigarh to the tenant for residential use, but the tenant's husband, a lawyer, set up a small office in part of the premises. The landlord sought eviction under section 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, alleging a change of user without …
Jarnail Singh, a retired Under Secretary, was found guilty of serious irregularities and the President ordered permanent withholding of his full pension and death‑cum‑retirement gratuity. Singh challenged the order, arguing that Rule 9 of the Central Civil Services (Pension) Rules, 1972 did not …
The Supreme Court examined the murder of Divakaran, for which four accused, including Pushparajan (A‑3) and Murali (A‑4), were convicted under IPC sections 302 and 324 read with section 34 and sentenced to life imprisonment. The appellants argued that A‑3 should only be liable for the assault …
The Chandigarh Administration cancelled a select list of 32 conductors prepared by a three‑member Selection Board after finding that interview marks had been manipulated to favour certain candidates, although no direct evidence of corruption was established. The cancelled candidates approached the …
The Food Corporation of India (FCI) invited tenders for the sale of damaged food grains. The respondent submitted the highest bid, but FCI deemed the price inadequate and invited all tenderers to negotiate for higher offers. The respondent refused to revise its bid, and a higher offer was obtained …
The Madhya Pradesh Government constituted a single‑member Commission of Inquiry to investigate the Churhat Children’s Welfare Society, appointing Justice S.T. Ramalingam. After his retirement, the State replaced him by notifications appointing retired judges G.G. Sohani and later Kamlakar Choubey. …
The petitioners, students admitted to a medical college not recognised by the Medical Council of India (MCI), sought migration to a recognised college after passing the first MBBS examination. The Director of Medical Education refused, citing a condition that only students from recognised colleges …
Paras Ram was arrested on suspicion while carrying an unlicensed 12‑bore country‑made pistol. Although initially charged under Section 25 of the Arms Act, the case was transferred to a Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and he was convicted …
The Indian Oil Corporation (IOC) operated a depot within the limits of the Municipal Corporation of Jullundhar and transported petroleum products to dealers outside those limits. The Municipal Corporation levied octroi under Section 113 of the Punjab Municipal Corporation Act, 1976, which the IOC …
The Junior Telecom Officers Forum (JTOF) filed a writ petition, special leave petitions and a transfer petition before the Supreme Court challenging the mode of promotion and seniority fixation for Telecom Engineering Service (Group B) officers, contending that promotions should be based on the year …
Two election petitions were filed challenging the election of Dr. Shanker Dayal Sharma as President of India. Petition 1, filed by Mithilesh Kumar Sinha, claimed his nomination was wrongly rejected for not having the required ten proposers and ten seconders and argued that the signatures of common …
The appellants, Pine Chemical, imported gum rosin and declared it as 'OFF' grade with a CIF value of US$410 per tonne. Laboratory tests and intelligence reports later established that the actual grade was 'WG', a higher quality with a CIF value of US$465 per tonne, constituting a misdeclaration. The …
The Delhi Development Authority (DDA) framed a chargesheet against Executive Engineer H.C. Khurana on 11 July 1990 and dispatched it on 13 July, but personal service was delayed until 25 January 1991 due to his medical leave. The Departmental Promotion Committee (DPC) met on 28 November 1990 and, …
The petition, filed by Smt. Sarojini Ramaswami on behalf of her husband Justice V. Ramaswami, sought a mandamus directing the Inquiry Committee constituted under the Judges (Inquiry) Act, 1968 to furnish a copy of its report to the Judge before it was submitted to the Speaker of the Lok Sabha, …
In 1991 a motion signed by 108 Lok Sabha members to remove Justice V. Ramaswami was admitted by the Speaker, leading to the constitution of an Inquiry Committee under the Judges (Inquiry) Act, 1968. Two writ petitions (W.P. 140/1992 and W.P. 149/1992) were filed under Article 32 seeking to quash the …
The Supreme Court examined the constitutionality of Section 25‑N of the Industrial Disputes Act, 1947, which requires prior governmental permission before an employer can retrench workmen in large establishments. The Court held that the right to retrench is an integral part of the employer’s Article …
The Supreme Court heard a writ petition filed by the Sub‑Committee on Judicial Accountability seeking directions concerning an inquiry into alleged misconduct of a sitting Supreme Court judge for his conduct as former Chief Justice of a High Court. The petition questioned the validity of the Lok …
The appellants, industrial electricity consumers, challenged the Andhra Pradesh State Electricity Board’s upward revision of high‑tension tariffs and the imposition of a fuel‑cost adjustment charge. The Supreme Court held that the Board’s power to fix tariffs under s.49 of the Electricity (Supply) …
The petitioners owned lands acquired by the Karnataka government under the Bangalore Development Act, 1976, which invoked the Land Acquisition Act, 1894. A declaration under Section 4 of the Land Acquisition Act was made on 20 September 1977, and Section 11-A, introduced by the Land Acquisition …
Babu Singh, a life‑convicted prisoner who had served eleven and a half years, applied to the Punjab & Haryana High Court for premature release. The High Court, after noting that his mercy petition to the Governor had not been decided within the three‑month period it had ordered, directed his release …
The original lessor let two shops and an adjoining house to Bhoolchand Chandiram in 1943 with an option to sub‑let. The tenant sub‑let one shop to Arts Palace in 1946 and later, on 1 April 1948, to Super Dry Cleaners. After the original lessor’s share was sold to Kay Pee Cee Investments in 1974, the …
The petitioners, appointed as Government Counsel in Uttar Pradesh, challenged a circular dated 6‑Feb‑1990 that terminated all such appointments across the state and ordered fresh panels, irrespective of existing tenures. The State argued the appointments were purely contractual and could be ended at …
The Catholic Syrian Bank Ltd. extended credit facilities to a partnership (defendants 2‑4) secured by an equitable mortgage and purchased two cheques drawn by defendant 6 on Union Bank of India. The cheques were credited to the partnership’s account, later dishonoured, and the bank sued defendant 6 …
M.B. Majumdar, a Judicial Member of the Central Administrative Tribunal (CAT), filed a writ petition under Article 32 alleging that the CAT members were discriminated against in pay and superannuation age compared to the Vice‑Chairman and High Court judges, invoking the principle of "equal pay for …
The appellants, cement manufacturers, challenged the 1969 amendment to the Cement Control Order which fixed a uniform retention price of Rs.100 per tonne for all cement producers, arguing it violated Article 14 by treating unequal producers alike. The Supreme Court examined whether the Central …
The petitioners, daily-rated workmen of National Mineral Development Corporation Ltd., filed a writ seeking regularisation and equal pay for equal work, alleging they performed the same duties as regular employees. The respondents contended that there was no work or vacancy for the petitioners, who …
The appellant, a tenant, defaulted on rent and was sued for eviction by the landlady. He filed petitions under Sections 17(2) and 17(2A) of the West Bengal Premises Tenancy Act, seeking to deposit arrears in instalments and to obtain protection against eviction under Section 17(4). The trial court …
Devi Cinema and other firms challenged the disallowance of interest paid to their partners under Section 40(b) of the Income Tax Act, 1961. The Income Tax Appellate Tribunal had held that the entire interest paid by the firm to a partner was disallowable, ignoring any interest the partner paid back …
Jamunadas C. Tuliani, the landlord, sued five tenants and Arjun Khiamal Makhijani (defendant No.6) for eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, alleging six months' rent arrears and illegal sub‑letting of a garage. The trial court decreed eviction on the …
