TARUN CHATTERJEE

Harbhajan Singh, a former Indian Army soldier who retired in 1987 and was drawing a defence pension, was re‑employed as a JBT teacher in the Punjab Education Department from 1994 to 2002. He applied for a civil‑service pension, arguing that his army service should be counted towards the ten‑year qualifying period requi…

Navneet Verma was appointed as an Accounts Executive on a temporary post in the Haryana Bureau of Public Enterprises (HBPE) in July 1993. In December 1994 his services were terminated on the ground that the post had been abolished. Verma contended that the abolition was a pretext to remove him due to personal grievance…

Ram Nayak, a workman of Ratna Sugar Mills, claimed that he was employed by the undertaking on the "appointed day" (24 April 1989) when the mill was vested in U.P. State Sugar Corporation under the U.P. Sugar Undertaking Acquisition Act, 1971. He was terminated by an oral order on 1 June 1990. The Labour Court held the …

The Gujarat Agricultural University and the All Gujarat Kamdar Karmachari Union entered into a settlement in 1980 governing the conditions of service of daily‑rated workers. After a notice to terminate the settlement, the University, following a Gujarat Government notification, declared the 2nd and 4th Saturdays and el…

The Uttar Pradesh State Sugar Corporation, a seasonal sugar unit, engaged Niraj Kumar as a weighment clerk on a daily‑wage basis from 1 January 1997 to 15 April 1997, i.e., during the middle of the 1996‑97 crushing season. Kumar claimed that he was a seasonal workman and that the corporation’s failure to re‑engage him …

The appellant, a government employee originally appointed as Overseer and later re-designated as Sub-Assistant Engineer, was promoted to Assistant Engineer in 1981. His pay on promotion was fixed at Rs. 850 per month, lower than the Rs. 950 he claimed was due under Rule 74(b) of the Orissa Service Code, which mandates …

The case concerned the transfer of two Sub‑Registrars, Karvendra Singh and Rajendra Singh, within Uttar Pradesh. Both challenged an office order that swapped their postings, alleging arbitrariness, stigma and lack of proper consideration of service records. The High Court upheld Karvendra Singh's transfer but set aside…

The appellants filed a Form‑7 under the Karnataka Land Reforms Act, 1961 claiming occupancy rights over certain survey numbers and later sought to amend the form to correct mis‑descriptions, adding land in two villages. The Land Tribunal rejected the claim, but the Land Reforms Appellate Authority allowed it, holding t…

The respondent, a widow and co‑owner of a residential flat in Bangalore, filed an eviction petition under Section 27(2)(r) read with Section 31 of the Karnataka Rent Act, 1999, claiming the premises were dilapidated and needed demolition and reconstruction for her and her children’s use. The Small Causes Court dismisse…

The landlord filed an eviction petition under the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 alleging that the tenant had sub-let the premises to a partnership called Mandovi Tours and Travels. The tenant denied sub‑letting, claiming the partnership was genuine and that he retained exclus…

Krishna Gopal Kakani, who had deposited a small margin for letters of credit with Bank of Baroda, sought the refund of surplus proceeds after the bank’s goods were auctioned and the sale proceeds were deposited with the court. After numerous notices, a failed adjustment proposal, and a dismissed writ petition, Kakani f…

The State of Andhra Pradesh filed an application under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 alleging illegal occupation of certain parcels of land (the Schedule Land) by Abdul Khuddus and others. The Special Court examined oral and documentary evidence and held that the respondents were land grabber…

The appellants, Ram Kumar and others, were allotted land in lieu of land acquired from their father, but the District Collector later revoked the order and directed that the land be handed over to the District Education Officer. The appellants served a notice under Section 80 of the CPC on the State Government through …

Manjul Srivastava applied for a residential plot in the Ghaziabad Development Authority's 1988 housing scheme, paid the full amount and received a reservation letter, but after nine years was informed she had not been allotted a plot and was offered a refund with 5% interest. She claimed the cancellation was an unfair …

The appellant was detained for one year under Section 3(2) of the Karnataka Prevention of Dangerous Activities Act, 1985. The Karnataka High Court quashed the detention order on 1 September 2006, releasing him, but later set aside its own order on 30 March 2007 and directed the police to take the appellant back into cu…

Puran Ram purchased agricultural land from Bhaguram but the sale deed was never executed. The agreement mistakenly described the land as Chak No. 3 SSM instead of Chak No. 3 SLM. In the suit for specific performance, the plaintiff sought to amend both the plaint and the agreement to correct this description. The trial …

The appellant, owner of agricultural land in Goa, sought a declaration from the Mamlatdar that certain occupants were not tenants under the Goa, Daman and Diu Agricultural Tenancy Act, 1964. The Mamlatdar granted a negative declaration, which was later set aside by the High Court on the ground that Section 7 of the Act…

The appellants entered into a contract to purchase a trust property, agreeing to pay an advance and the balance by a stipulated date, with a clause stating that time was the essence of the contract. They later demanded that the respondents obtain clearance from the Endowment Department under the Urban Land (Ceiling and…

Lokashikshana Trust (LST), a public trust engaged in publishing, incurred several loans to fund its operations, with the loans secured by hypothecation of trust property and a guarantee executed by the deceased surety, H.R. Basavaraj. After prolonged litigation, the trust's assets were taken over by a government‑appoin…

The appellant, the son of a deceased landlord, sought release of a shop under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, claiming bonafide need to set up an office for his chartered‑accountancy practice. The Prescribed Authority rejected the application, but the app…

The tenant, Mohd. Ismail, occupied a shop for over 20 years when the landlord, Dinkar Vinayakrao Dorlikar, sought eviction on the ground of bonafide requirement, claiming he and his three sons needed two shops for a kirana business. The Rent Controller, Additional Collector, and the High Court repeatedly affirmed the e…

Petitioner V. Ravi Chandran filed a writ of habeas corpus under Article 32 of the Constitution seeking custody of his minor son, alleging that the child's mother had taken the child to India in violation of a New York Supreme Court custody order that granted joint custody and later sole legal custody to the petitioner.…

The employees of Garden Silk Mills were transferred from the Crimping Department to the Twisting Department and claimed that the transfer constituted a change under items 1 and 2 of Schedule II of the Bombay Industrial Relations Act, 1946, requiring notice under Section 42(1). The employer argued that the transfer was …

Amala Annai Higher Secondary School was upgraded to a high school in 1988-89 with student strength below the 300‑person threshold required for a Junior Assistant post. The school appointed a Junior Assistant without prior sanction and sought regularisation through a representation to the State Government in 1997, which…

The Supreme Court examined whether Maharashtra State Road Transport Corporation (MSRTC) could be compelled to grant permanent status, wages and benefits to bus‑cleaners who had been employed as casuals, and whether complaints filed by an unrecognised union under item 6 of Schedule IV of the Maharashtra Recognition of T…

Biecco Lawrie Ltd. dismissed a mazdoor, Provash Chandra Mondal, for major misconduct including insubordination and abusive language. The industrial tribunal initially upheld the dismissal, but on remand set it aside, citing violation of natural justice. The High Court affirmed the tribunal’s order, and the employee sou…

A.K. Jain, a landlord, filed an eviction suit against tenant Prem Kumar under Section 13(3)(a)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, claiming personal necessity for himself, his wife, son, daughter and later, his son’s wife, grandchildren and his own retirement. The Rent Controller dismissed…

The Supreme Court examined whether the Wakf Act, 1995 barred civil courts from hearing a suit and its appeal that were filed before the Act came into force on 1 January 1996. The appellant Sardar Khan had filed a suit in 1976, which was dismissed in 1996, and the respondents appealed to the High Court, invoking Section…

The appellants, Kashmiri Pandit retirees who lost their homes in the valley due to militancy, were allowed to retain government‑provided accommodation in Jammu even after retirement for security reasons. Other government employees filed writ petitions seeking those houses, leading the High Court to order eviction of th…

The appellant, Haryana State Industrial Development Corporation, resumed an industrial plot allotted to the respondent, Cork Manufacturing Co., alleging breach of a contractual construction deadline. The respondent filed a suit for permanent injunction, claiming the resumption order was illegal, that it remained in pos…

The original landlord Govinda Bhat leased agricultural land to Kariyappa Gowda, who died in 1960. After his death, Jinnappa Gowda, his son, entered into a tenancy agreement on 5 November 1961 and later surrendered most of the land by a deed before a Munsif on 5 March 1968, an act later deemed to be under Section 25 of …

The Food Corporation of India (FCI) introduced a compassionate appointment scheme that allows dependants of workers who voluntarily retire on medical grounds to be appointed, provided the employee is below 55 years of age. The second respondent, a departmental worker, submitted a composite application on 26‑April‑1999 …

Parminder Kaur, a 74‑year‑old woman, was prosecuted under IPC sections 420, 467, 468 and 471 for allegedly altering dates in certified revenue records used in civil suits she filed in 2002. The FIR was lodged by her brother‑in‑law, Hargursharan Singh, and the High Court refused to quash the criminal proceedings under C…

The case concerned Air Force officers who voluntarily retired under a scheme to join the public sector undertaking Vayudoot Ltd. The Government issued a circular on 30 Oct 1987 granting a service‑weightage for pension calculation, but a note excluded officers who retired prematurely for permanent absorption in PSUs fro…

An FIR (No.155/2001) was lodged under Sections 379, 406, 409, 418 and 506/34 IPC arising from a business dispute between the complainant and the accused. The parties executed a compromise deed on 25 January 2002, settling all differences. The complainant applied to the High Court for quashing the FIR, but the applicati…

An arbitration award dated 6 October 1996 confirmed a family settlement under a Memorandum of Understanding (MOU) of 24 June 1996. The award was challenged by two parties, leading a single High Court judge to set it aside. Subsequent appeals were dismissed, and the Supreme Court remanded the matter for further consider…

In the 1970s the Calcutta Port Trust recruited trained apprentices and the wards of employees who died in harness in a 1:1 ratio in its Mechanical Engineering department. The practice was later discontinued and only compassionate appointments for the wards continued. Three hundred and twenty‑one trained apprentices fil…

The appellant, a High School Assistant (HSA) appointed in 1990, applied for promotion to the post of Higher Secondary School Teacher (HSST) when a vacancy arose. Although she was senior and possessed the required second‑class M.A. and B.Ed. qualifications, the Selection Committee appointed a junior colleague, citing hi…

The Madhya Pradesh State Cooperative Bank appointed 60 clerks‑cum‑typists on an ad‑hoc basis, later regularising them after written exams, interviews, probation and a security bond, in accordance with the Staff Service Rules. The Bank later terminated 58 of them on 27‑Oct‑1997, relying on a Lokayukt report that alleged…

The appellants, directly recruited Forest Rangers in Uttar Pradesh (now Uttaranchal), challenged a High Court order that gave seniority to promotee Forest Rangers who had been elevated beyond the statutory promotion quota. The Court examined the U.P. Government Servants Seniority Rules, 1991, particularly Rule 8, and h…

Maharshi Dayanand University invited tenders for construction of sheds. The respondent submitted a tender containing a clause (25A) providing for arbitration and the university accepted the tender, stipulating that work would commence from the date of acceptance but that no payment would be made until a detailed contra…

The dispute concerned the selection of candidates for twelve Lower Division Assistant posts in the Assam Transport Department. The Guwahati High Court had set aside the select list dated 24 June 2003, holding the selection process unfair and improper, primarily on the basis of a perceived abnormal pattern in interview …

The appellants, led by Vaisakhi Ram, were tenants of a shop in Delhi since 1956. They allowed three relatives (appellants Nos.2‑4) to conduct independent businesses in a portion of the shop without obtaining the landlord's written consent. The present landlord, Sanjeev Kumar Bhatiani, purchased the property and filed a…

The assessee, Atul Mohan Bindal, filed his income tax return for AY 2002-03 and later the Assessing Officer added salary earned in Singapore, a retrenchment compensation, and interest income, imposing a penalty under Section 271(1)(c) of the Income Tax Act. The assessee contended that the additions were made on his own…

The appellant, a doctor employed as Assistant Surgeon, was terminated in 1987 after allegedly remaining absent beyond sanctioned leave, despite his claims of pending leave extensions for further training. He challenged the termination in a writ petition, and the Single Judge of the High Court set aside the termination …

Saroja purchased a property from her husband Kuppusamy while a suit filed by her against Kuppusamy for title was pending. The earlier suit was decided ex parte in favour of the respondents, and the decree attained finality. Saroja then filed a separate suit asserting ownership of the same property, which was later decr…

The Bank of Goa extended a loan to a firm of its director and secured it by mortgaging the appellant’s property “Soranto”. After obtaining an award, the bank executed attachment and later purchased the property itself, subsequently conducting an auction in which Softitel Hospitality & Management emerged as the highest …

The appellant owned 35 guntas of land in Bangalore South Taluk that was acquired for the widening of a National Highway under the Land Acquisition Act, 1894. Initial compensation of Rs.10 per square foot was enhanced to Rs.27.50 by the Reference Court and further to Rs.75 per square foot by the Karnataka High Court, wh…

The SGPC applied under Section 7 of the Sikh Gurdwaras Act, 1925 to have the institution known as Gurdwara Sahib Gurdwara Bhagat Bhagwan declared a Sikh gurdwara. The Sikh Gurdwaras Tribunal initially held it to be a Sikh gurdwara, but the Punjab & Haryana High Court reversed that decision, finding the institution to b…

Nathu Ram, a former employee of the Rajasthan State Electricity Board (later Jaipur Vidyut Vitran Nigam Ltd.), was suspended in 1979 after being caught accepting a bribe and was convicted in 1982, leading to his dismissal. The High Court acquitted him in 1997 and reinstated him, granting full pay for the suspension per…

Amar Singh, a constable in the Central Reserve Police Force (CRPF), was found after 29 years of service to have entered the force using a fictitious school leaving certificate. A departmental enquiry confirmed the fraud, leading to his dismissal under Section 11(1) of the CRPF Act, 1949 and Rule 27 of the CRPF Rules, 1…

The case concerned surplus land declared under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. Respondent No.8's 4.64 acres were declared surplus, notified and allotted to eight downtrodden persons (parcha holders). Later the District Collector, invoking Section 45‑B, re‑ope…

The dispute concerned whether the Larabsha Darga and its associated lands constitute a private Wakf (Wakf‑alal‑aulad) or a public Wakf. The property, originally part of a larger Wakf, had passed through successive settlements (hibbas) and was managed by Safia Bi, who claimed it was her private property. After her death…

The Bank of India sued Mehta Brothers (defendants 1‑5) and Deutsche Bank (defendant 6) for breach of an irrevocable Letter of Credit. The trial court passed an ex‑parte decree against defendant 6 and dismissed the suit against defendants 1‑5. Defendant 6 filed an application under Order 9 Rule 13 of the Code of Civil P…

Shakti Bhog Foods Ltd (appellant) entered into a charter party with Kola Shipping Ltd (respondent) to load 13,500 MT of sorghum at Kakinada for shipment to Cotonou, but only 1,100 MT was loaded because the export order from Niger could not be obtained. A dispute arose over demurrage and compensation, leading to multipl…

The appellant, a driver appointed on a temporary basis in 1987 and regularized in 1989, was listed among 275 retrenched employees for redeployment under a corporate policy. While all other listed employees were redeployed in Delhi Administration or other undertakings, the corporation terminated the appellant’s services…

The appellants, who owned land intended for an international school and other projects, challenged the State's acquisition of their land for a housing scheme that was to be executed by a private joint‑sector company, Bengal Peerless. The High Court initially set aside the acquisition, but a Division Bench later upheld …

The State of Punjab acquired land for urban development in SAS Nagar and framed a 1974 scheme to allot residential plots to persons whose land was taken. Mewa Singh, claiming a one‑fourth share in 66 kanals 9 marlas, applied in 1980 for a plot, asserting sole entitlement. Earlier writ proceedings (1981) granted relief …

The appellant, Rajendra Ramchandra Kavalekar, was accused of obtaining a forged degree from Ranchi University in collusion with university officials and using it to secure employment with ITDC. The CBI filed a case in Ranchi, Jharkhand, under sections 120(b), 420, 467, 468, 471 of the IPC and sections 13(2) and 13(1)(d…

N. Radhakrishnan entered into a partnership with the respondents in 2003. A dispute arose when the respondents reconstituted the partnership after his alleged retirement, excluding him from the new deed, and he alleged fraud and misappropriation of funds. The respondents sued for a declaration that he was no longer a p…

The Haryana State Industrial Development Corporation (HSIDC) sought to acquire land for an industrial estate under the Land Acquisition Act, 1894. A High Powered Committee recommended acquisition of the land owned by Shakuntla (respondent No.1) but released land of M/s Orient Crafts ("O") on the same evaluation paramet…

The case concerned the appointment of an Extra Departmental Branch Post Master. Respondent No.1 submitted an unsigned application within the deadline and a signed second application after the deadline. Although he was called for interview, the authority rejected both applications and appointed the appellant. The Centra…

The respondent, Sanjay, worked as a casual chowkidar for the District Manager of HAFED in Jind from August to December 1998 (145 days) and thereafter for the District Manager of HAFED in Hissar from January to May 1999 (112 days). He claimed that, having completed more than 240 days of continuous service in the year pr…

Sumitomo Corporation, Punjab Tractors Pvt. Ltd. and Swaraj Mazda Ltd. entered into a joint venture agreement that later gave rise to disputes over shareholding and management. The respondents filed a company petition before the Company Law Board (CLB) under Sections 397, 398 and 402 of the Companies Act, 1956 alleging …

The Transport Corporation of India Ltd, a common carrier, was entrusted by Veljan Hydra Ltd with a hydraulic cylinder consignment in 1996. The carrier repeatedly assured the consignee that it was locating the goods but never informed them of any loss, and the consignment was never delivered. Veljan Hydra filed a consum…

The Second Labour Court, Thane, passed an ex‑parte award on 12 June 1998 reinstating the workman RadhaKrishnan Mani Tripathi, which was published on 5 August 1998. Respondent No.1, who had not been served notice, learned of the award on 27 January 1999 and filed a petition within two days under Rule 26(2) of the Bombay…

The case arose from an assault on Omkar Lal, who was attacked with pharsas and lathis by three accused. The trial court convicted all three under Section 307 IPC (attempt to murder) and sentenced them to five years’ rigorous imprisonment and a fine. The High Court acquitted one accused, altered the conviction of the re…

M/s Sri Mangayarkarasi Mills (P) Ltd., a cotton yarn manufacturer, claimed a deduction of Rs. 61,28,150 for machinery replacement as revenue expenditure under Section 37 of the Income Tax Act, 1961. The Assessing Officer disallowed the claim, treating it as capital expenditure, a view upheld by the Commissioner of Inco…

The landlord (Nano Kishore) leased a portion of his residential house in Chandigarh to the tenant (Yashpal Singh) for residential use in April 1994, but the tenant began using the premises for commercial activities in December 1994 without the landlord's consent or permission from the Rent Controller. The landlord file…

G. Venkata Ratnam, a Technical Assistant in the Andhra Pradesh Department of Archaeology and Museums, was transferred from Hyderabad to Kakinada in 2005 after serving 20 years at the head office. He challenged the transfer before the Andhra Pradesh Administrative Tribunal, which dismissed his applications, and subseque…

Paras Nath Singh, a Class IV employee of the Bihar Department of Planning and Development, was given a provisional First Time Bound Promotion in 1995, which was cancelled after about ten years. The State directed recovery of Rs.1,01,529.50 from his salary, alleging he had undertaken to refund the amount if the promotio…

The appellants filed a suit for permanent injunction against the Municipality, which was dismissed by the trial court. The first appellate court set aside that dismissal, but the High Court, in a second appeal, reversed the appellate court’s finding without first framing the substantial questions of law as mandated by …

The appellants, Class IV employees of Bihar Rajya Shakari Bhumi Vikas Bank, were compulsorily retired under the Bank's Rules 232 and 235. They challenged the retirement, arguing that only Rule 232, which requires inefficiency, could be used for compulsory retirement, and that Rule 235 merely dealt with gratuity and pro…

The appellants, directors and shareholders of Westfort Hi‑Tech Hospital Ltd., claimed that they were denied proper notice of the eleventh Annual General Meeting (AGM), were illegally removed from directorships despite a promise of permanent appointment, and that the issuance of right shares and duplicate shares was unl…

Balli Petrochemicals Ltd, a London‑incorporated company, entered into a global tender with NALCO, a Government of India undertaking, and disputes arose over the tender and a purchase order. Clause 16 of the tender required the appointment of a sole arbitrator, initially a former Chief Justice of India, who later resign…

The Supreme Court examined an appeal against a High Court order that granted bail to Munna Jaiswal, who was charged with murder (IPC s.302) and other offences (IPC s.504, s.506). The complainant, Brij Nandan Jaiswal, argued that the accused had a criminal history, pending cases, and that the High Court had granted bail…

The respondents, owners of land adjoining a six‑acre ancestral property, claimed a right of pre‑emption under Mohammedan law on the ground of vicinage when the owner (appellant No.3) entered into a registered agreement for sale with appointees Nos.1 and 2. The lower courts held the pre‑emption rule unconstitutional, wh…

Data Access (India) Ltd issued two cheques to Bharat Sanchar Nigam Ltd which were dishonoured for insufficiency of funds. A complaint under Section 138 of the Negotiable Instruments Act was filed against the company and its directors, including the appellant N. Rangachari. The appellant claimed he was an honorary chair…

The appellants claimed occupancy rights over a 6‑acre plot in Bangalore, asserting that they were agricultural tenants on 1 March 1974, the date the Karnataka Land Reforms Act, 1961 was amended to introduce sections 44, 45 and 48A. The land had passed through several owners and the respondent, as landlord, admitted in …

The landlord filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958. The tenant applied for leave to contest the eviction after an eight‑day delay, which the Additional Rent Controller rejected, leading to an eviction order. The tenant later sought to set aside that order using Order 9 Ru…

The appellants claimed that three temples built by their ancestor before 1890 were private family temples and sought a declaration to that effect. The Hindu Religious and Charitable Endowments Board appointed non‑hereditary trustees, prompting the appellants' mother to file a writ petition, which was dismissed, and a s…

The State of Madhya Pradesh filed an application for a stay of a contempt order that directed the payment of benefits under the 5th Pay Commission to teachers in private‑aided schools. The contempt order arose from the State's failure to implement a High Court judgment (Writ Petition No. 2029 of 2000) which had extende…

The appellants, heirs of Smt. Devki Devi, sought to recover a shop that had been allotted to a manager through ex‑parte orders under Section 16(1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. They filed a writ petition in the High Court, which after the creation of Uttarakhand was t…

In 1978, landlord Ganga Prasad and his son Radhey Shyam allegedly threw acid on their tenant Badlu Ram, causing multiple burns. The trial court convicted the son under Section 326 of the Indian Penal Code, sentencing him to four years' rigorous imprisonment, while the father was acquitted; the High Court affirmed this …

The appellant, Magma Leasing & Finance Ltd., entered into a hire‑purchase agreement with the respondent, Potluri Madhavilata, which contained a broad arbitration clause (clause 22). After the respondent defaulted on instalments, the appellant terminated the agreement, seized the vehicle and the respondent filed a suit …

The Government of Goa leased 12 hectares of land, classified as forest, to A. Chowgule & Co. Ltd. for an export‑oriented iron‑ore beneficiation plant. Respondents filed writ petitions challenging the lease, arguing that the land was forest and required prior Central Government approval under Section 2 of the Forest Con…

The suit concerned partition of ancestral property where the plaintiff claimed a half‑share. The defendants, in their written statement, admitted the plaintiff’s entitlement but later sought to amend the statement to allege that the plaintiff and certain co‑defendants were illegitimate children and therefore ineligible…

The case arose from a complaint of a dishonoured cheque where the complainant was examined as a witness. The accused filed applications under Sections 91 and 311 of the CrPC seeking the complainant's bank passbooks, income‑tax accounts and LDS deposit receipts and also to recall him for further cross‑examination. The t…

The Registrar General of Patna High Court lodged a complaint alleging that the accused, including Ajoy Kumar Ghosh, used a forged letter in court. The Chief Judicial Magistrate (CJM) took cognizance, issued summons, and the accused applied for discharge under s.245(2) Cr.P.C., which the trial court rejected and instead…

Mrs. Manju Saxena, a staff officer of Hongkong & Shanghai Banking Corp., was terminated after the bank discontinued her post and paid her a severance package of about Rs 8.17 lakh. The Government of India referred the dispute to the Central Government Industrial Tribunal, which issued an interim award directing the ban…

Damodhar Govind Idoorkar, an employee of Canara Bank, was terminated on the allegation that he had obtained a reserved‑category post by submitting a false caste certificate. He challenged the termination through a writ petition; the Karnataka High Court Single Judge set aside the termination, ordered his reinstatement …

The appellant, N. Srinivasa, entered into an agreement to purchase a plot of land from M/s Kuttukaran Machine Tools Ltd. After paying a large advance, the respondent failed to execute the sale deed, sought a higher price, and attempted to sell the property to a third party. The appellant filed an application under Sect…

Shakti LPG Ltd. imported steel plates in 1996 and warehoused them under the Customs Act, 1962. The initial one‑year warehousing period was repeatedly extended until January 2001, after which the importer surrendered the goods in December 2004. When an auction was scheduled for September 2005, the importer sought to sto…

The Supreme Court examined the meaning of "unprotected worker" under Section 2(11) of the Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969. The petitioners argued that the term should be limited to casual workers not covered by other labour statutes, relying on earlie…

The landlord, Om Prakash, let a shop to the tenant Ashok Kumar in 1982 and later sought eviction on the ground of a bona‑fide requirement for his son. The Rent Controller, the appellate authority and the Punjab‑Haryana High Court ordered eviction of the tenant from the non‑residential premises under Section 13 of the H…

Dr. V. Ravi Chandran, an American citizen, filed a writ petition under Article 32 seeking a habeas corpus order for the production of his seven‑year‑old son, a U.S. citizen, who had been taken to India by the mother, respondent No.6, in contravention of multiple custody orders passed by New York courts. After the CBI l…

The appellants, Bibi Zafira Khatoon and her late husband, obtained an eviction decree against respondent No.2 (Mohammed Manzurool Haque) on grounds of bonafide need and rent default. Respondent No.1 (Mohammed Hussain), who was a buyer under a disputed sale agreement, was impleaded as an intervenor and had filed a title…

Subhash Kondiba Sontakke, a driver employed by Maharashtra State Road Transport Corporation since 1980, was dismissed after a bus under his control rammed a bridge railing due to alleged rash and negligent driving, causing damage to the vehicle. The disciplinary authority dismissed him, but the First Appellate Authorit…

The contractor, Mis. Som Datt Builders Ltd., entered into a highway works contract with the State of Kerala and later claimed additional costs for extended time and equipment usage. The Engineer failed to decide on several claims, leading the contractor to refer the dispute to arbitration, where the tribunal awarded th…

The Prescribed Authority under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 issued a notice under Section 9(2) requiring Super Cassettes Industries Ltd to submit details of its land holdings. The company objected, claiming the land was non‑agricultural and the notice was inapplicable; the authorit…

Senior Manager Rajeev Ratan Pandey was transferred by the Airports Authority of India from Lucknow to Calicut. He challenged the transfer in a writ petition, alleging it violated the Authority's transfer policy, but did not initially claim any mala fides. After the High Court refused an interim stay, he filed a supplem…

Man Mohan Nath Sinha, a private secretary to a Uttar Pradesh state minister, was dismissed from service after a departmental inquiry found him guilty of misappropriating public funds. He challenged the dismissal before the Allahabad High Court, which set aside the order by re‑appreciating the evidence presented to the …

The dispute concerned the appointment of the Lambardar of village Pehladgarh, Bhiwani. The Collector appointed Satbir Singh, but the appellant Ishwar Singh challenged this appointment. The Commissioner set aside the Collector’s order, appointing Ishwar Singh, and the Financial Commissioner upheld this, finding the Coll…

The appellants, who were Class II officers in the Nagaland Economics and Statistics Service, challenged the seniority of a fellow officer (respondent No. 3) who had been transferred from the PWD and Housing Department to their cadre through an encadrement (post‑merger) order in 1992‑93. They claimed that, being eligibl…

The appellant, Mis Arvind Constructions Co. Pvt. Ltd., entered into a 1991 agency agreement and irrevocable power of attorney with Mis Kalinga Mining Corporation, a partnership firm originally registered in 1949 and later re‑registered in 2005 under the same name. After the agreement expired in 2006, disputes arose and…

Kurapati Maria Das was elected as a councilor and subsequently as chairperson of Bapatla Municipal Council, a seat reserved for the Scheduled Caste (Mala). Petitioners alleged that he was not a Scheduled Caste member but a Christian belonging to a Backward Class and that he had obtained caste certificates fraudulently.…

Petine Shipping Inc., a Liberian shipowner, and Minerals and Metal Trading Corporation of India entered into a charter party containing an arbitration clause. When a dispute arose, each party nominated an arbitrator, but the respondent's nominee was challenged and the respondent filed a petition in the Delhi High Court…

The case concerned custody of a minor female child whose mother died at birth. The child had been raised by her maternal grandmother (the appellant) since infancy, while the father (the respondent) sought custody as the natural guardian under the Guardian and Wards Act, 1890. The Family Court and the High Court had bot…

Dr. Ram Deen Maurya and Dr. Madhu Tandon both applied for transfer to a vacant Reader post at D.A.V. Post Graduate College, Lucknow, obtaining No Objection Certificates (NOCs) from their respective parent colleges. The State Government granted permission to transfer Maurya, prompting Tandon to file a writ petition whic…

The appellant, a contractor, entered into a 1996 construction contract with the Union of India that contained an arbitration clause (Clause 64). After receiving the original work order of Rs.32.17 lakh, several supplementary work orders raised the total contract value to Rs.42.60 lakh. The appellant sought appointment …

The petitioners, senior forest officers, sought seniority and all consequential benefits from the year of their allotment by the State Public Service Commission, relying on the decision in In Re: Suresh Chandra Sharma (2002). The Uttarakhand High Court allowed the writ petition, applying the Suresh Chandra rule that in…

K.M. Mishra, an officer of the Central Bank of India, challenged the promotion of another officer (Respondent No.5) to Senior Management Grade Scale IV, alleging that the promoted officer lacked the required educational qualifications and that Mishra's own performance appraisal ratings for 1995-96 and 1996-97 were impr…

The appellants, a father and his son who became the landlord of a shop after a family partition, filed an eviction petition against the respondents for sub‑letting, non‑payment of rent and personal requirement. The Rent Controller allowed eviction only on the sub‑letting ground; the Appellate Authority, after examining…

The Union of India awarded a contract to Saraswat Trading Agency for handling goods at railway stations. The contract required the contractor to pay labourers at least the "fair wage" as notified at the time of tender, but statutory wage revisions later increased those rates. The contractor claimed enhanced payments fo…

Tata Finance Ltd filed a complaint under Section 138 of the Negotiable Instruments Act alleging that two cheques issued by a company were dishonoured. Notice was served on the company, its Chairman (Paresh P. Rajda) and a director. The Chairman moved an application under Section 395 CrPC to quash the proceedings, conte…

The appellant, who had lent money to the respondent firm, sued for recovery of amounts due under two promissory notes executed by the managing partner of the firm. The trial court decreed the suit in part, granting relief for one note but refusing relief for the second on the ground that it was not supported by conside…

The Oil and Natural Gas Commission (ONGC) engaged a large number of workers through contractors for its drilling operations in Cachar. The ONGC Contractual Workers Union sought regularisation of these workers' services, leading the State Government to refer the dispute to an Industrial Tribunal. The Tribunal held that …

The appellants, who were managers of a canteen in a sugar mill, claimed overtime wages and filed an application under Section 33C(2) of the Industrial Disputes Act, 1947. The Labour Court allowed the claim on the basis of punch‑card records, but the High Court set aside the award, holding that Section 33C(2) is an exec…

The appellant, Andromeda Foundation India Ltd, imported medical equipment under a customs duty exemption notification of 1988 and 1993, which required it to furnish detailed information on the use of the equipment and to provide free treatment to a specified percentage of poor patients. Despite multiple requests, the a…

Swadeshi Polytex Ltd., a sick company unable to pay employee wages, was subjected to attachment and auction of its property under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. The company challenged the sale, arguing that the sale proclamation and auction notice were not served on the actual default…

The appellant, a property dealer, was charged in FIR No.107/2007 for cheating, forgery and criminal conspiracy arising from a dispute over the sale of flats. He repeatedly applied for anticipatory bail, but the Rajasthan High Court rejected each application on the ground that a challan had been presented. The Supreme C…

The appellant, a tenant since 1982, faced an eviction petition filed by the landlady under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, on the grounds of her bonafide need for the premises and alleged rent default. Both the Rent Controller and the Appellate Authority rejected the eviction,…

The appellant BSNL awarded a turnkey tender to Motorola and later imposed liquidated damages under clause 16.2 of the tender for alleged delay in delivery. Motorola contested the levy, invoking the arbitration clause, while BSNL claimed the matter was an "excepted matter" under clause 20.1 and therefore not arbitrable.…

The appellant, son of the second respondent, sought partition of the joint family property that included inam lands granted to the eldest son (respondent No.1) after the death of their father, who had been the Archak of a temple. The lower courts dismissed the suit, holding that a prior partition had been effected and …

The respondent, a senior citizen, filed an eviction suit under Section 27(2)(r) of the Karnataka Rent Act, 1999, claiming bonafide requirement for a shop to accommodate his handicapped son. After the trial evidence was recorded, he amended the petition to invoke Section 31, a special provision for widows, handicapped p…

The dispute concerned a tenant (the appellant) who cultivated agricultural land originally owned by a widow, Smt. Narmadabai, and later claimed ownership under the Bombay Tenancy and Agricultural Lands Act, 1984. After the widow's death, the tenant initiated proceedings under Section 32G to purchase the land, but the l…

The Employees' State Insurance Corporation inspected Mis. Hotel New Nalanda and, noting a refrigerator and grinder, deemed it a "factory" under s.2(12) of the Employees State Insurance Act, 1948, directing compliance. The hotel contested, asserting it was a tourist home with fewer than ten employees and no manufacturin…

The Supreme Court examined the retrospective amendment of the Delhi High Court Establishment (Appointment and Conditions of Service) Rules, 1972, which altered the selection process for Assistant Registrar by creating three separate seniority lists and a rotational promotion scheme. The amendment, notified on 7 August …

The Supreme Court examined whether a compassionate appointment made 12 years after the death of an employee could be justified. The deceased employee died in 1981, and after a prolonged family dispute, the son‑in‑law of the second daughter applied for a compassionate post, which was initially approved by the personal m…

Maharani Devi, the widow of a deceased railway storeman, sought a compassionate appointment for her nephew under a 1991 Railway Board circular that allowed near‑relatives of an issueless employee to be appointed. The Railway Board amended the circular on 13 December 1995, deleting the provision for near‑relatives, and …

The appellants, Raymond Woollen Mills Ltd. and its subsidiary, were accused by a retail dealer of tying the sale of readymade trousers to the supply of other garments and of terminating the dealer's dealership when the dealer refused large trouser orders. The MRTP Commission held that a restrictive trade practice exist…

Bank of India issued an unconditional on‑demand guarantee to Nangia Constructions (I) Pvt Ltd. The guarantee was invoked on 19 May 1989, within its validity period, but a stay order was obtained and the beneficiary failed to pay renewal charges, leading the bank to refuse renewal after 26 May 1996 and claim it was no l…

The appellant, son of a deceased stock‑broker who was a member of the Bombay Stock Exchange, claimed that the partnership firm he joined should enjoy the "fee continuity benefit" under the SEBI (Stock Brokers and Sub‑Brokers) Regulations, 1992, arguing that the business continued under the same name and membership numb…

The respondents alleged that their son committed suicide after ICICI Bank's recovery agents forcibly repossessed his motorcycle, causing humiliation. A writ petition was filed seeking police action against the bank. The Delhi High Court ordered police reports, found them unsatisfactory, and directed an expeditious inve…

The petitioners, a group of cooperative societies including Pranita Powerloom Co‑op. Society, sought acquisition of land for an industrial estate. The State cancelled the acquisition order on 30‑08‑2005 for non‑compliance with statutory requirements. The Bombay High Court, ignoring several objections and the lack of a …

The landlord filed an eviction suit alleging non‑payment of rent and obtained an order from the Rent Controller directing the original tenant to pay rent at Rs 105 per month from 1985. After the tenant's death in 1997, his heirs (the appellants) failed to make timely payments, depositing the arrears in lump sums years …

The appellant, B.K. Muniraju, sought cancellation of a sale deed and restoration of land that had been transferred to respondents 4 and 5, invoking the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. The Assistant Commissioner and the Deputy Commissioner held that t…

The tenant, Maruthi Jaiwant Nakadi, filed a Form No. 7 application under the Karnataka Land Reforms Act, 1961 seeking occupancy rights over 11 acres 17 guntas, claiming he had cultivated the land for years and paid rent in kind. The landlords, represented by the heirs of the deceased Eknath G. Navarekar, opposed the cl…

Mohanlal Bansal, the plaintiff in an eviction suit, died during the pendency of the case. His widow applied for substitution as his legal representative, while his brother (the appellant) sought substitution on the basis of a Will allegedly executed by the deceased. The trial court allowed the widow but rejected the br…

Workmen were initially engaged as security guards through an agency on 1 Oct 1996. After the agency contract expired on 1 Oct 1997, they continued to work for the Telecom Department until 31 May 1999. Claiming that they had rendered continuous service of more than 240 days, they sought reinstatement and back wages unde…

The appellant, Markfed Vanaspati & Allied Industries, entered into a contract with the Union of India to supply rapeseed oil but failed to meet the delivery schedule, leading to contract cancellation. The appellant invoked a force majeure clause, claiming that a government ban on the use of rapeseed oil for manufacturi…

Samar Kumar Sarkar filed an application under Section 19 of the Administrative Tribunal Act, 1985 before the West Bengal Administrative Tribunal seeking appointment and related benefits. After repeated adjournments, he approached the Calcutta High Court with writ petitions under Articles 226 and 227, alleging the Tribu…

Jagbir Singh was engaged as a daily wager by the Haryana State Agriculture Marketing Board from 1 September 1995 until his termination on 18 July 1996. He alleged that the termination violated Section 25F of the Industrial Disputes Act, 1947 and sought reinstatement with back wages. The Labour Court awarded reinstateme…

Rajiv Modi filed a private complaint under Section 200 CrPC alleging offences under Sections 406, 420 and 120‑B IPC against Sanjay Jain and others, claiming that a C&F agency agreement was concluded in Patna. The Chief Judicial Magistrate, Patna, took cognizance and issued summons. The respondents obtained a quashing o…

The appellants, landowners whose property was acquired under the Land Acquisition Act, 1894, claimed the amount deposited by the Collector could be appropriated at their discretion for interest, costs, solatium and principal. The Execution Court had allowed such appropriation, but the Haryana Urban Development Authorit…

The appellant, a widow, sought retirement benefits for her deceased husband who had been an Assistant with the Bihar School Examination Board. He was convicted in 1989 under several IPC sections for tampering with examination marks and was dismissed from service in 1992 on the basis of that conviction. While his crimin…

The appellant, a sweeper employed by Punjab Engineering College, was dismissed after being absent without permission for a total of 15 days in February-March 2004. He explained the absences were due to a matrimonial dispute involving his daughter, which caused him mental anguish and prevented him from obtaining leave. …

The appellants purchased land from co‑tenure holders (the vendors) and sought entry of their names in the revenue records. The respondents objected, claiming the vendors' father (Faqir) had no right to the land and that his entry in the 1356 Fasli Khatauni was fictitious. The Consolidation Officer allowed the appellant…

The Ghaziabad Development Authority (GOA) allotted a plot to Ved Prakash Aggarwal under its 1988 housing scheme, for which the respondent paid the full consideration. Years later GOA cancelled the allotment, claiming the respondent had failed in the lottery draw, and offered a refund. The respondent filed a complaint b…

The dispute concerned the extent of land owned by the parties: 37 (actually 39.5) decimals, of which 33 decimals were sold to S.A. Hossain and 6.5 decimals remained with the heirs of Ujir Ali. The Supreme Court had earlier clarified that the heirs possessed 6.5 decimals and S.A. Hossain possessed 33 decimals, ordering …

The State of Uttar Pradesh had issued a notification on 2 November 1994 exempting the sale of the NPK 23:23:0 fertilizer from trade tax for the period 1 November 1994 to 31 March 1995. Two later notifications dated 10 April 1995 and 15 May 1995 withdrew that exemption retrospectively for NPK 23:23:0 while continuing to…

The Punjab State issued a work order containing a clause that any dispute between the department and the contractor would be referred to the Superintending Engineer, whose decision would be final and binding. After the contractor completed the work, a dispute arose over final bills and measurements, and the contractor …

The appellant, Ramachandra Krishna Bhatta, claimed occupancy rights over agricultural lands owned by the Gopal Krishna Devaru Temple, asserting that he was a tenant under the Karnataka Land Reforms Act, 1961. The Land Tribunal granted him occupancy rights, but the Land Reforms Appellate Authority set aside the order, f…

The Association of Engineering Workers filed a complaint under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, alleging that Hindalco Industries treated its canteen staff as contract workers to avoid granting permanency and benefits. The Industri…

Rama Devi executed a deed on 15 May 1974 purportedly as a conditional mortgage for a loan of Rs.13,000, stipulating reconveyance of the land if repaid within five years. She sought reconveyance within the period, but the respondent refused; later, under local pressure, he returned possession in 1984 without executing a…

Dr. Nitya Nand (appellant) and Dr. P.S. Ghalaut (respondent No.4) were both in the Haryana Medical Education Service and were promoted to Senior Professor on the same date. Respondent No.4 had earlier been appointed as a Floating Professor under Rule 10, while the appellant remained a substantive Associate Professor. T…

Pashaura Singh married Kamaljeet Kaur in 1997, moved to Canada and obtained a divorce decree from the Supreme Court of British Columbia in February 2001. After returning to India he remarried on 2 January 2002. Kamaljeet's brother filed an FIR under IPC sections 494 (bigamy), 498A (dowry harassment) and 506/34 (crimina…

In a murder case, the Sessions Court granted anticipatory bail under Section 438 of the CrPC to Deputy Superintendent of Police Narendra K. Amin. The State of Gujarat appealed, contending that the court failed to consider the prosecution’s apprehension that the accused could influence or coerce witnesses and that custo…

Oil and Natural Gas Corporation (ONGC) entered into a drilling contract with Atwood Oceanic International containing clauses on tax liability and changes in law. The Government of India issued a 1983 notification extending the Income Tax Act to offshore areas, causing Atwood to pay tax on its expatriate employees for a…

The Municipal Corporation of Jabalpur awarded a road‑construction contract to M/s Rajesh Constructions, which contained Clause 29 stipulating that any arbitration could only be initiated after the contractor furnished a security deposit and the corporation then constituted an Arbitration Board. A dispute arose and the …

The Drugs Inspector collected a sample of Enalapril Maleate tablets manufactured by M/s. Medicamen Biotech Ltd., divided it into four parts and sent one part to the Government Analyst, whose report declared the drug sub‑standard. The appellant disputed the report, sent two written notices within 28 days expressing inte…

The Karnataka Industrial Area Development Board (KIADB) initially notified acquisition of land for a trumpet interchange and access road to Bangalore Airport under the Karnataka Industrial Area Development Board Act, 1966. Later, the Karnataka State Industrial Investment and Development Corporation proposed a change in…

The appellant obtained the disputed property through a conveyance from the Wakif and his Mutwalli after a collusive suit in 1958, despite the property having been declared a Wakf in 1926, registered under Section 38 of the U.P. Muslim Wakfs Act, 1936 and notified in the Official Gazette in 1954. The Shia Central Board …

Peerless General Finance & Investment Co. Ltd. (appellant) held shares of Poddar Udyog Ltd. Under a court‑sanctioned scheme of arrangement, a portion of the business was transferred to Poddar Projects Ltd. (respondent No.1), which subsequently sold the shares to Vijaya Finance Corp. Ltd. (respondent No.2). The appellan…

The case concerned a dispute between Sub‑Inspectors (General) and Sub‑Inspectors (Stenographers) of the Odisha Police regarding inter‑se seniority and promotion. The appellants argued that the Administrative Tribunal and the High Court wrongly relied on letters from the Home Department and Law Ministry as executive ins…

Bharat Petroleum Corporation Ltd. (appellant) and Great Eastern Shipping Co. Ltd. (respondent) entered into a time charter party on 6 May 1997, which was extended to 31 August 1998. After the extension expired, the parties continued to use the vessel without a new written charter, and the respondent later invoked the a…

The State of Haryana granted a 20‑year mining lease for silica sand to Aravali Khanij Udyog, which expired on 17 February 2000. The respondent claimed that due to departmental delays it was unable to mine for 850 days and sought an extension of the lease, which the State rejected; the Punjab & Haryana High Court set as…

The appellant, Kanwarjit Singh Dhillon, filed a civil suit seeking a declaration that certain immovable and movable properties left by his father, the late S. Kirpal Singh, were joint Hindu family assets and an injunction restraining the respondent from alienating them. The respondent had obtained probate of an unregis…

The appellant, M.D., U.P. State Agro‑Industrial Corp. Ltd., appealed against the Allahabad High Court’s order that reinstated the respondent, Mahendra Kumar Mishra, after his dismissal from service. The High Court had set aside the dismissal order dated 11‑12‑2000 and directed reinstatement with all consequential benef…

Ajit Singh Nandal, a university employee, challenged a university notification that declared his post vacant, alleging it amounted to an illegal removal without the required inquiry under the service rules. The trial court dismissed his suit, but the appellate court set aside that decision, holding that the vacancy dec…

Bajaj Auto Ltd. challenged a Notice of Enquiry issued by the Monopolies and Restrictive Trade Practices (MRTP) Commission alleging that its dealer agreements involved restrictive trade practices under Section 33 of the MRTP Act. The appellant argued that the alleged clauses—territorial appointment, sales targets, and p…

Begum Sahiba Sultan, the daughter of the deceased, filed a suit in the Delhi High Court seeking a declaration that an alleged oral will made by her mother was never made, a declaration that a sale deed was void, and a decree of partition of immovable properties situated in Village Pataudi, Gurgaon, Haryana. The Delhi C…

The appellants, Jagadeesh and others, claimed tenancy and occupancy rights over a scheduled agricultural land and filed Form‑7 before the Karnataka Land Tribunal. The Tribunal and the Appellate Authority granted occupancy rights, but the High Court, exercising revisional jurisdiction under Section 121A of the Karnataka…

The plaintiffs‑respondents filed a suit seeking a declaration of ownership of a specific property and a perpetual injunction. The trial court dismissed the suit and the decision was upheld on appeal. The High Court, however, in a second appeal, reversed the lower courts and decreed in favour of the plaintiffs‑responden…

Vishal Exports Overseas Ltd exported 4.8 lakh coffee mugs at a declared FOB price of US $3.40 per piece and claimed Duty Entitlement Pass Book (DEPB) credit. The Customs authorities alleged that the FOB value was inflated to Rs.157 per piece (US $3.40) and recomputed it at Rs.80 per piece, confiscated the goods and imp…

Rubabbuddin Sheikh filed a writ petition under Article 32 seeking a CBI investigation into the alleged fake encounter of his brother Sohrabuddin, the disappearance of his sister‑in‑law Kausarbi, and the killing of material witness Tulsiram, all allegedly perpetrated by Gujarat police. The State of Gujarat submitted eig…

The Rajasthan State Electricity Board (RSEB) entered into two purchase orders and agreements with Universal Petrol Chemicals Ltd. for transformer oil, each containing an arbitration clause and an ouster clause confining jurisdiction to the courts at Jaipur, Rajasthan. Disputes arose over defective oil and the Board sou…

The appellants owned land that was acquired by the Government of Tamil Nadu under the Land Acquisition Act, 1894. A notification (Sec. 4) was issued on 24‑12‑1986 and a declaration (Sec. 6) on 23‑12‑1987. The appellants filed writ petitions in 1988 challenging the acquisition; the High Court granted an interim stay of …

Bharat Sanchar Nigam Ltd. entered into a construction contract containing an arbitration clause that named the Chief Engineer or, in his absence, the Administrative Head as the sole arbitrator. The respondent repeatedly requested the Chief Engineer to appoint an arbitrator, but the appellant failed to respond, promptin…

The respondent, a government clerk, had two dates of birth entered in his service book—11‑02‑1944 (as per his matriculation certificate) and 11‑02‑1946. Based on the later date he retired on 29‑02‑2004, but the State argued he should have retired on 28‑02‑2002 and ordered recovery of the salary paid for the two interve…

Punj Lloyd Limited, an engineering contractor, filed a consumer complaint against Corporate Risks India Pvt. Ltd., an insurance broker, alleging negligence that caused a loss of over Rs. 5.26 crore in securing insurance for a pipeline project. The National Consumer Disputes Redressal Commission dismissed the complaint …

The case concerned the transfer of 236 non‑executive employees recruited by NTPC for the BALCO Captive Power Plant (BCPP) to BALCO after BALCO was disinvested and became a private concern. The employees argued that they were appointed by NTPC, not BALCO, and that the 1990 NTPC‑BALCO agreement and the clause 14 in their…

The appellant, a Karnataka co‑operative sugar society, contracted a respondent to design, supply, erect and commission a sugar plant, with the respondent furnishing a bank guarantee. The guarantee stipulated that the bank would pay the appellant on demand without demur, and the appellant alone would decide if the guara…

Ram Sunder Ram, a Petrol, Oil and Lubricants clerk in the Indian Army, was alleged to have received illegal money for the clandestine sale of gas. A court of inquiry found him guilty of a prejudicial act, after which he was shown cause; his reply was deemed unsatisfactory and he was discharged from service. He challeng…

Documentary filmmakers sought to enter non‑feature films for the National Film Awards, challenging regulations that required certification by the Central Board of Film Certification (CBFC) and release on film format. They argued that entry did not constitute public exhibition, making certification an unreasonable restr…

The respondent, Ram Adhar Sharma, filed a suit for possession of a flat in a cooperative housing society against the appellant, Ashok Sharma, who was occupying the flat as a tenant. During trial, the President of the society (PW‑3) was summoned and, after his testimony, sought to produce a document establishing the dat…

Babu Lal, a former employee of the Haryana State Agricultural Market Board, filed a suit seeking salary arrears from 2 November 1995 to 30 March 2001, claiming he was promoted to Executive Officer‑cum‑Secretary in November 1995. The trial court dismissed the suit, but the first appellate court reversed that decision an…

The Supreme Court examined the special provisions introduced by the 2002 amendment to the Negotiable Instruments Act, 1881, particularly section 145 which allows the complainant to give evidence on affidavit and permits the court to summon such deponents for examination. The Court clarified that under s.145(2) the accu…

M/S NOPANY INVESTMENTS (P) Ltd., the landlord, sought eviction of SANTOKH SINGH (HUF) tenant. The junior HUF member, Jasraj Singh, filed the suit claiming to be the Karta despite the senior brother being alive but residing abroad and having executed a power of attorney. The Supreme Court held that under such exceptiona…

The appellant, an X‑ray technician employed by Ahmedabad Municipal Corporation since 1988, also performed clerical and administrative duties. He applied for the post of Assistant Manager, which required ten years of administrative experience, and his application was endorsed by the Medical Officer certifying such exper…

The U.P. Cooperative Federation Ltd. entered into a contract with M/s Three Circles for constructing a cold storage. Disputes arose over balance steel, alleged bad workmanship, and interest on the award. An arbitrator awarded Rs.32,68,805.80 with interest at 15% and allowed various claims, which the appellant sought to…

The Supreme Court considered appeals against a High Court interim order that preserved the pre‑2007 seniority of engineers in Uttar Pradesh Jal Nigam, despite the insertion of Rule 8‑A in the Uttar Pradesh Government Servants Seniority (3rd Amendment) Rules, 2007 which granted consequential seniority to SC/ST officers …

The plaintiff, Dubaria, sued for a permanent injunction claiming ownership of a building on Plot No. 4934 in Banda, alleging purchase from Rajjan and later from the Zamindar. The trial court decreed in his favour after considering oral testimony and documentary evidence including khatauni, khewat and a survey report. T…

The appellant, Padubidri Damodar Shenoy, gave a notice of voluntary retirement under Regulation 12(b) of the Service Regulations on 30 September 2005, having completed 29 years of service. The competent authority neither approved nor rejected the application within the three‑month notice period, and the appellant conti…

Damnet Chemicals Pvt. Ltd. manufactured two products, ‘CRC 2-26’ and ‘CRC Acryform’, and claimed exemption from central excise duty under Notification No. 120/84‑CE (blended lubricating oil) and Notification No. 175/86‑CE (SSI) respectively. The Central Excise Department issued a show‑cause notice alleging that the pro…

The New Okhla Industrial Development Authority (the Noida authorities) appealed against an order of the MRTP Commission directing it to refund the excess amount paid by Arvind Sonekar for a plot allotment. The respondent had earlier received a 1993 offer letter stating a rate of Rs.2750 per sq.mtr, which was not accept…

The appellant, a trade union of seasonal workers employed by a cooperative cane development union, challenged an order by the Cane Commissioner that redefined "crushing season" and thereby altered the period for which wages were payable. The amendment changed the definition from a fixed calendar period (1 Oct to 15 Jul…

The Food Corporation of India (FCI) entered into a construction contract with Chandu Construction for godowns, which required the rate to include both labour and material as per CPWD specifications. After termination of the contract, the claimants sought arbitration and were awarded Rs 8,23,101 for the supply of sand, …