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48 judgments · newest first · showing 1–48
The case concerned a suit filed by Ramchandra Balwantrao Dubal (plaintiff) seeking redemption of a conditional mortgage dated 23 June 1952. The appellant, D.T. Kadam, claimed to be a tenant of the land under a lease dated 15 June 1949 and argued that he was dispossessed before 1 April 1957, thereby …
The State of West Bengal sought to vest an estate and its tank fisheries in the State under the West Bengal Estate Acquisition Act, 1953, extinguishing the rights of intermediaries. The respondents, who held lease‑hold rights to the tank fisheries, filed a writ petition to restrain the vesting and …
Universal Radiators, a manufacturer of automobile radiators, purchased copper ingots from the United States to be rolled in Bombay and used as raw material. While the ingots were at sea, the vessel was seized during hostilities between India and Pakistan and the loss was compensated by the insurer, …
The appellant, a monthly tenant of an automobile garage, was served a notice under Section 106 of the Transfer of Property Act and faced an eviction suit. The trial court dismissed the suit on the ground of insufficient notice, but the appellate court reversed the decision and granted possession to …
The respondents challenged the appointment of the appellants as Junior Engineers, arguing that the appellants were not qualified at the time of filing their applications because their B.E. (Civil) results were declared after the last date for submission. The High Court initially dismissed the …
The Supreme Court examined whether the phrase "son or daughter" in Section 84(1A) of the Kerala Land Reforms Act, 1963 includes step‑children. The donor, a step‑mother, executed a gift deed between 1 January 1970 and 5 November 1974 in favour of her husband’s two sons from a previous marriage. The …
Major J.S. Brar was charged under Section 69 of the Army Act, 1950 read with Section 379 IPC for theft of army property. After an initial General Court Martial (GCM) found him guilty of one charge and acquitted him of another, the Confirming Authority ordered a revision under Section 160 and Rule 68 …
The Reserve Bank of India (RBI) entered into a sale agreement with S.S. Investments that contained an arbitration clause. Two arbitrators – a former judge and a lawyer – were appointed but each issued a separate award, indicating a disagreement. The RBI sought to refer the matter to the appointed …
The petitioners, two Assistant Mechanical Engineers, sought promotion to Deputy Drilling Engineer on the ground that their higher educational qualifications (degrees) satisfied the requirements of Entry 6 of the Rajasthan Mines and Geological Service Rules, 1960, which prescribed a diploma and five …
Ten acres of land belonging to the appellant were acquired under the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded compensation at Rs.1.01 per square foot, which was enhanced to Rs.2.25 per square foot by a reference court under Section 18 of the Act. The State appealed, …
The appellant, Chetar Sen Jain, had taken a lease of premises in 1958 and continued possession, first as a residence and later as a godown under a fresh oral lease in 1971. In 1982 the landlord alleged a "deemed vacancy" and sought allotment of the premises under Section 12(3) of the U.P. Urban …
The State of Tamil Nadu issued a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against Sheik Ahamed Hajee on 8 March 1988. The detenu challenged the order in the Calcutta High Court on 5 April 1989, obtaining an interim injunction that …
In Mani Ram & Anr. v. Hari Singh & Ors., the Supreme Court examined applications filed under Order 22 Rules 3 and 9 of the Code of Civil Procedure, read with Section 151, seeking to bring the legal representatives of a deceased appellant on record in a regular second appeal. The Punjab & Haryana …
The appellant, Kunhiraman Nair, claimed possession of land, building and mills after a series of agreements that transferred management and lease rights to him. The respondents, originally lessees of the property, entered into a March 22, 1955 agreement with T.M. Rama Iyer, surrendering their …
The National Thermal Power Corporation (NTPC) entered into a contract with Singer Company for equipment supply, stipulating that Indian law would govern the contract and Delhi courts would have exclusive jurisdiction. A dispute was referred to an ICC arbitral tribunal, which chose London as the seat …
The landlord, K.A. Anthappai, sought eviction of his tenant, C. Ahmed, under sections 11(3) and 11(4)(ii) of the Kerala Buildings (Lease & Rent Control) Act, claiming the building was needed bona‑fide for his residence after retirement. The Rent Controller dismissed the petition, finding no …
The plaintiff, a Goan shipping company, sued the owners of the foreign vessel M.V. Elisabeth for conversion of cargo after the ship left Marmagao without the required bills of lading and delivered the goods abroad against the plaintiff's instructions. The Andhra Pradesh High Court arrested the …
Raymond Synthetics Ltd. and others issued a prospectus for a public issue of shares and debentures, seeking permission from several stock exchanges to list the securities. The company received massive oversubscription, allotted shares before the statutory 10‑week deadline for obtaining exchange …
The respondent, who succeeded her father as landlord of a flat let to the appellant on October 1, 1961, sought eviction under clause (e) of section 14(1) of the Delhi Rent Control Act, 1958, claiming a bona‑fide personal requirement. The appellant contended that the flat, although let for …
The appellant, Smt. Dhawan, applied to the Delhi Rent Controller under Section 21 of the Delhi Rent Control Act, 1958, seeking permission to let her premises for a three‑year residential tenancy, stating she would need the house thereafter. The Rent Controller granted the permission, but the tenant, …
The Supreme Court examined a contempt petition filed by Ram Pyari against Jagdish for failing to comply with a prior order that required the respondent to vacate premises, pay any rent arrears, and file an undertaking within three months. The respondent contended that the proper remedy was execution …
The appellant, Surinder Singh Sibia, owned a house in Himachal Pradesh where he occupied the first floor and let the second floor to a judge. The entire house was later requisitioned for the judge's use under the Himachal Pradesh Requisition and Acquisition of Immovable Property Act, 1972, and the …
The appellant, an allottee of a flat allotted by a housing cooperative society under a 99‑year lease from the Metropolitan Development Authority, sub‑let the premises to the respondent. After the respondent failed to vacate following a notice of termination, the appellant sued for eviction under …
The appellant, Gariwala, challenged a decree passed on a compromise that was reduced to writing and signed only by his counsel, arguing that the 1976 amendment to Order XXIII Rule 3 of the CPC required the parties themselves to sign. The respondents contended that the expression "parties" includes a …
The plaintiff, a land proprietor, sued the defendant, a sub-tenant, for ejectment after the original tenants surrendered their interests, causing the sub-tenant's interest to terminate. The defendant argued that his sub‑tenancy survived the tenants' surrender and that the suit should be filed under …
The Bangalore Development Authority (BDA) allotted a plot reserved for a public park in a development scheme to the Bangalore Medical Trust for a private nursing home/hospital, based on State Government orders and a BDA resolution. Residents of the locality challenged the diversion as contrary to …
The Uttar Pradesh legislature amended its 1939 Motor Spirit, Diesel Oil and Alcohol Taxation Act to levy a purchase tax on industrial alcohol, which was challenged as unconstitutional because industrial alcohol is regulated by the Central Government under the Industries (Development and Regulation) …
The dispute concerned awards made by an arbitrator (umpire) under a contract for the construction of the Nagarjunasagar Dam. The arbitrator awarded several claims, some of which were not supported by the contract (escalation for napa‑slabs, extra lead for water, flattening of canal slopes) while …
Kalawati, a daughter of a Hindu widow, claimed ownership of the entire estate inherited by her mother from her husband, asserting that a 1954 gift deed transferring the property to her was valid and that she had become an absolute owner under section 14 of the Hindu Succession Act, 1956. Soiryabai, …
The respondent sued the appellant for possession of a building on the ground of wilful default in paying rent of Rs.900 per month. The appellant denied being a tenant, claiming to be a co‑sharer, but the lower courts held it was a tenant and decreed eviction. While the suit was pending, clause (ii) …
The father, as natural guardian, sold immovable property belonging to his minor daughter without court permission and not for legal necessity, violating the Hindu Minority and Guardianship Act, 1956. The sale was voidable, and after attaining majority the daughter sold the property to the respondent …
The Delhi Transport Corporation (DTC) Workers' Union filed a writ petition under Article 32 seeking a mandamus directing DTC to implement, from 1 January 1986, the Fourth Pay Commission recommendations for its employees, as per Office Orders dated 15 September 1983 and 7 February 1984. The Union …
The appellant, Prakash Warehousing Co., obtained a licence and later an assignment of rights over two corporation godowns and, with the corporation’s knowledge, allowed a second respondent to store goods under an agreement. The corporation later formalised the appellant’s status as principal …
The appellant, SMT. P. Leelavathamma, appealed against the Controller of Estate Duty challenging the computation of the net principal value of the deceased’s estate. She argued that the estate duty payable on the property passing on death constituted a first‑charge encumbrance and therefore should …
The State of Madhya Pradesh sought to evict Gwalior Dairy Limited (the Company) for failure to pay rent under a lease originally granted for one year and later extended for ten years, and subsequently renewed in 1971. The Company argued it was not a "Government lessee" within the meaning of Section …
In a partition suit, the plaintiffs (holding two‑thirds) sought sale of undivisible property and the defendants (holding one‑third) applied under Section 3 of the Partition Act, 1893 to purchase the plaintiffs' shares. The dispute centered on the appropriate date for valuing those shares—whether it …
British Paints India Ltd. valued its stock‑in‑trade at the cost of raw materials only, excluding overheads, claiming that paints have a short shelf‑life. The Assessing Officer added the overheads to the stock value under section 145 of the Income‑Tax Act, increasing tax for 1963‑64 and allowing a …
The appellants were contesting alienations of immovable property under the Punjab Custom (Power to Contest) Act, 1920, and their suits were at the appellate stage when the Punjab Custom (Power to Contest) Amendment Act, 1973 came into force on 23 January 1973. The High Court dismissed the appeals, …
The landlord sought eviction of the tenant under section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming the building needed immediate demolition for reconstruction. The tenant contended the building was structurally sound and that the landlord’s motive was purely …
The appellant purchased a suit‑property from the vendors by a sale deed executed on 9 September 1970 and registered it on 26 October 1970. Before the registration, the respondent filed a money suit on 13 September 1970 and obtained attachment before judgment of the property on 17 September 1970, …
Manganese Ore (India) Ltd. paid its mine workers a cash wage, an attendance bonus and supplied grain at concessional rates. The workers claimed that the cash value of the grain concession and the attendance bonus were being deducted from their statutory minimum wages fixed by a government …
Sutlej Cotton Mills Ltd., a British India resident company, sold cloth in both British India and native states. For the years 1945-46 to 1947-48 it was taxed under Section 42(3) of the Income Tax Act, 1922 on one‑third of the profit from native‑state sales as deemed accrued in British India, and …
The assessee, Poonjabhai Varmalidas, had written off certain debts as bad under Section 10(2)(xi) of the Income Tax Act, 1922 in 1959‑60. His business ceased before the amounts were later recovered in the assessment years 1964‑65, 1965‑66 and 1967‑68, after the 1961 Act had repealed the 1922 Act. …
The case concerned the sale of a 3/5 share of ancestral land by three Jat Sikh co‑owners who had migrated from their village. The remaining co‑owners filed a declaratory suit claiming that, under local custom, ancestral land could not be alienated except for necessity or as a bona‑fide act of good …
Paras Laminates imported goods and claimed they fell under tariff item 84.60, but customs classified them under 73.15(2). After losing before the Collector of Customs, the importer appealed to the Customs, Excise and Gold (Control) Appellate Tribunal. A two‑member bench doubted the correctness of an …
Dr. Lakshmansinh Vaghele, a Laboratory Officer of the Ahmedabad Municipal Corporation, was appointed by the State Government as a Public Analyst under the Food Adulteration Act. A complaint was filed against him alleging offences under IPC sections 465, 468 and 201 for acts committed while …
The respondent landlady filed an eviction suit under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming a bona‑fide need for the premises to continue her son’s tailoring business. The trial court upheld the claim, but the appellate court reversed, holding that the son’s …
