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246 judgments · newest first · showing 201–246
The Union of India leased a site in a reserved forest in the Union Territory of Daman to Kamath Holiday Resorts for a snack bar and restaurant. The Conservator of Forests objected, invoking Section 2 of the Forest (Conservation) Act, 1980, which restricts de‑reservation or non‑forest use of forest …
The dispute involved Bhoomidari rights over 38.25 acres in a village undergoing consolidation under the U.P. Consolidation of Holdings Act, where the Gaon Sabha objected to the appellants' entries in revenue records. The Consolidation Officer ordered expunction of the appellants' names, and the …
The appellants sought compensation for land acquired by the State under the Land Acquisition Act, 1894. After a notification in 1973, the Collector awarded Rs 10,080 per acre in 1975, which was later enhanced by the District Judge and the High Court to Rs 24,000 per acre. The High Court also awarded …
Bhupendra Singh purchased land from a tribal (Kisana) in 1958. The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, later restored that land to the tribal's heirs in 1976‑77. The Surplus Land Determination Tribunal, applying the Maharashtra Agricultural Lands (Ceiling on Holdings) …
The Supreme Court had earlier directed the State Government to set up a committee, including an Additional District Judge, to monitor the allotment of houses to weaker sections under a scheme exempted under section 21 of the Urban Land (Ceiling & Regulation) Act, 1976. The State filed an affidavit …
The appellant, widow of Bipin Kumar Rai, claimed family pension after her husband, who had been employed by Indian Railways first as a casual worker and later as a "substitute" from 27‑04‑1983 until his death on 05‑01‑1987, died. While the Railways paid the death gratuity, they denied the family …
Syed Khadim Waris, an Executive Engineer, was compulsorily retired by Uttar Pradesh Jal Nigam at age 50 under Rule 56‑C of the Financial Handbook. The Allahabad High Court set aside the retirement, holding that an adverse service entry for 1983‑84, though communicated, could not be used while the …
The Steel Authority of India Ltd (SAIL) operates a fleet of buses to transport its employees and had been paying tax under Item 3 of the Orissa Motor Vehicles Taxation Act, 1975, as goods carriers. In December 1990 the State of Orissa re‑classified the vehicles under Item 4, which imposes a higher …
The Puri Municipal Council imposed octroi tax on marine fish and prawns found in the possession of non‑fishermen within the municipal limits without payment of the entry tax. Indian Tobacco Co. Ltd. challenged the levy, and the Orissa High Court dismissed the municipality's claim. On appeal, the …
A cooperative society discovered that its cashier‑cum‑member had misappropriated large sums of money after his death. The society initiated arbitration under Sections 55 and 56 of the Punjab Co‑operative Societies Act, 1961, and an award was made against the deceased's heirs and legal …
Dr. (Miss) Alette Grace Bell, the Medical Superintendent of Duncan Hospital in Bihar, was served a notice by the Drug Controller requiring a licence to manufacture and distribute an IV solution for patients, invoking Section 18(c) of the Drugs and Cosmetics Act, 1940. The High Court held that the …
The V.P. Temple appealed against an order of the Special Appellate Tribunal that dismissed its earlier appeal as time‑barred under Section 30(1) of the Tamil Nadu Minor Inams (Abolition and Conversion into Royatwari) Act, 1963. The Act permits a maximum of six months to file an appeal, but the …
The Supreme Court examined a partition suit between two branches of a Hindu family concerning self‑acquired agricultural lands left by a father (A) who died intestate without grandsons. The issue was whether the lands passed to his three sons as joint Hindu family property (joint tenancy) or as …
Ashok Kumar and Prem Kanwar, who were in a long‑standing extramarital relationship, plotted to murder Prem's husband Mahabir Singh so they could live together. They travelled to Delhi, booked adjacent rooms in Hotel Eagle, and Mahabir was later found dead in Prem's room, having been struck on the …
Gangeshwar Ltd., a sugar mill in Uttar Pradesh, purchased 31 bighas of agricultural land in 1971 before the amendment to the U.P. Imposition of Ceiling on Land Holdings Act, 1960. After the amendment became effective in 1973, the mill sought exemption of the land from ceiling calculations by …
The case involved a family settlement deed that prohibited alienation of the ancestral property during the lifetime of the patriarch, Janak Singh. After his death, a suit for partition was filed and the trial court passed a preliminary decree and subsequently an order restraining all parties from …
The Supreme Court examined a lease granted by the Corporation of the City of Bangalore to the Karnataka Chalana Chitra Kalavidara Sangha, a society of film artists, for constructing a theatre and training school on land earmarked in the Comprehensive Development Plan for a public or semi‑public …
V.N. Enterprises supplied goods to the Chief General Manager, Telecom and others, raising bills of Rs 66,09,669.36, of which only part was paid. The appellants, a statutory authority, claimed a loss of Rs 43,16,400 due to high quotations and therefore withheld that amount. The Orissa High Court …
A coffee curing establishment, declared a seasonal industry, operated from September to June and was closed June to September. The workmen claimed gratuity at the rate of seven days' wages for two seasons in each calendar year, arguing that the accounting year (January‑December) split their service …
The U.P. State Sugar Corporation Ltd., a government‑owned company, sought to sell eight loss‑making sugar units. Its net‑worth had fallen by more than 50%, making it a potentially sick industrial company under the Sick Industrial Companies (Special Provisions) Act, 1985. The corporation sent a …
Raja Radio Co imported Class‑E high‑temperature resisting material consisting of presspahn paper laminated with polyester film and paid customs duty under heading 39.01/06 of the Customs Tariff Act, 1975, together with counter‑vailing duty under tariff item 17(2). The company later claimed a refund, …
The Uttar Pradesh Avas evam Vikas Parishad (the Housing Board) allotted flats under a self‑financing scheme but delayed possession, later demanding an escalated price and 18% interest from the allottees. The Allahabad High Court upheld the price escalation but held the interest excessive, directing …
Sh. Narayan Yeshwant Gore, an employee of the National Sample Survey Organisation, was deputed to the Census Department from 1961 to 1974 and was promoted there as Assistant Director with the concurrence of the parent department and the UPSC. While on deputation his juniors in the parent department …
The appellant, a railway employee, was reverted from a deputed post and successfully challenged the reversion and later seniority fixation in his favour through the Kerala High Court and the Supreme Court. The Railways later contested the seniority order, but the High Court again upheld it. Direct …
The Union of India and the Director General of the Border Security Force sought to retire S.S. Ranade, a Commandant (Selection Grade), upon attaining 55 years of age. Ranade contended that his post was a higher rank than a regular Commandant under Rule 9 of the Border Security Force (Seniority, …
Bombay Chemical Private Ltd manufactured disinfectant fluids and claimed exemption from excise duty under Notification No. 55/75‑CE (as amended by Notification No. 62178 in 1978) which added Item 18 covering insecticides, pesticides, weedicides and fungicides. The Assistant Collector rejected the …
M/s Kajaria Exports Ltd. and others imported 5,000 metric tonnes of white cement and sought clearance under the Open General Licence provision of Appendix 6 List 8 Part III Item 33 of the 1984-85 Import and Export Policy. The authorities denied clearance, issuing a show‑cause notice that white …
The petition filed by Indian Oil Corporation Ltd. challenged a Full Bench judgment of the Madhya Pradesh High Court that had overruled a Division Bench decision on the construction of Section 138(b) of the Madhya Pradesh Municipal Corporation Act, 1956, which contains a non‑obstante clause. The …
M/s. Sahney Paris Ltd. manufactured self‑starter motors for motor vehicles and submitted a classification list placing them under Tariff Item 68 of the Central Excise Tariff. The Assistant Collector and subsequent authorities re‑classified the items under Tariff Item 30, treating them as electric …
The Hajlirat Pir, Babujmal, Deosthan Public Trust (the respondent) applied for an exemption certificate under Section 88‑B of the Bombay Tenancy and Agricultural Lands Act, 1948 for certain lands occupied by the appellants as tenants. The Deputy Collector granted the certificate after finding the …
The Union of India appointed approximately 932 temporary class C and D staff for the 1981 census and later re‑engaged many of them on fixed‑term contracts for the 1991 census. After each census the temporary posts were abolished and the employees were retrenched, leading them to file writ petitions …
The Delhi Development Authority (DDA) offered land to cooperative housing societies at a price of Rs 975/950 per sq m and required a Rs 5 lakh earnest money deposit. Before possession, DDA raised the premium to Rs 1,650.65 per sq m, which the High Court upheld as reasonable. The societies failed to …
The Supreme Court examined an appeal by Nikki seeking to increase compensation for 21.64 acres of land acquired in 1978 near Chandigarh for a brick kiln under the Land Acquisition Act, 1894. The land was initially compensated at Rs.21,000‑48,000 per acre, later enhanced to Rs.27,000 by the …
The appellant, Baletha Math, possessed 15.36 acres of land and was subject to ceiling proceedings under the Bihar Land Reforms (Fixation of Land Ceiling and Acquisition) Act, 1961. An order dated 15‑04‑1976 held the Math to be a separate entity, but after the amendment introducing Section 32‑A …
The Rajasthan Urban Improvement Act, 1959 was used to acquire land, and the Additional Collector fixed a market value. The claimants appealed for higher compensation, solatium and interest, while the State appealed the interest awarded. The District Court awarded compensation in 1983 and reduced …
The respondent filed a writ petition seeking an alternative site after his land was acquired for public purpose, arguing that he was the owner when the acquisition was finalized. The Single Judge had allowed the petition, but the Division Bench dismissed the appeal on limitation grounds, which the …
The State of Kerala appealed a Kerala High Court order that had granted statutory benefits under the Land Acquisition (Amendment) Act, 1984 to respondents whose land was acquired. The land was notified for acquisition in 1974, possession taken in 1977, and compensation enhanced by a subordinate …
The Supreme Court examined whether a landowner, whose possession was taken in 1965, was entitled to the additional amount under section 23(1‑A) of the Land Acquisition Act, 1894 as amended by Amendment Act 68 of 1984. The notification under section 4(1) was published in 1980 and the award was made …
The State of Punjab acquired 56 acres of land for a grain market. The Land Acquisition Officer initially fixed the market value at Rs 24,000 per acre for the first 22 karmas (belting) and Rs 20,000 per acre for the rest. The Additional District Judge and later the Punjab & Haryana High Court …
The Supreme Court examined an appeal by V.M. Salgoacar & Bros Ltd challenging a higher compensation of Rs 50 per square metre awarded by a District Judge for land acquired under the Land Acquisition Act, 1894. The Collector had fixed compensation at Rs 5 per square metre, basing it on the company's …
Lokraj and others filed a civil suit for partition of lands listed in schedule B, seeking a one‑sixth share. The High Court held the lands to be Inam lands, and the division bench ruled the partition suit maintainable despite the lands having been abolished under the Andhra Pradesh (Telengana Area) …
The legal representatives of the deceased filed an execution petition that was granted by the District Munsif, directing delivery of possession of an undivided property to three decree‑holders. In the subsequent revision before the Madras High Court, only two of the three decree‑holders were …
The appellant purchased a share of joint family property from his sister Neeru, who sold it by a registered deed on 22 January 1985. The brother, Anil Kumar, who was not a party to the sale, filed a suit for pre-emption under clause (ii) of Section 15(1)(b) of the Punjab Pre-emption Act, 1913. The …
The appellants, the widow and alleged son of a deceased partner, sought the accounts of an unregistered partnership firm that had dissolved upon the partner's death. They invoked Clause 16 of the partnership deed, which mandated referral of any dispute to named arbitrators, and filed a suit under …
The respondent, a government employee who joined service in 1951, claimed that his date of birth recorded as 14 November 1933 was incorrect and sought correction to 15 July 1934 in 1991. The Andhra Pradesh Public Employees (Recording and Alteration of Date of Birth) Rules, 1984 required an …
Ayub Khan purchased a family property from Gopal Krishan Chawla, the Karta of a Hindu joint family, after obtaining a decree for specific performance. The Karta's children, including his daughters Meeka and Madhu, and the tenants of the property filed suits claiming pre-emption under the Punjab …
