VIKRAMAJIT SEN

The Supreme Court examined whether Magnum Equity Services Ltd., a corporate entity formed by converting a stock‑broking partnership, was entitled to a fee‑continuity exemption under Paragraph 1(4) of Schedule III of the SEBI (Stock Brokers and Sub‑Brokers) Regulations, 1992, after three of its original partners resigne…

The respondents, Grade‑I officers of the Delhi Administration Subordinate Service (DASS), claimed a second financial upgradation under the Assured Career Progression Scheme (ACPS) after completing 24 years of service. Because the feeder grade (Grade‑I DASS) and the next promotional grade (Grade‑II of the Delhi Andaman …

M.V. Jayarajan delivered a public speech in Kannur criticizing a Kerala High Court order that prohibited meetings on public roads, using language that the court deemed abusive, including calling judges "idiots" and employing the regional term "sumbhan". The High Court convicted him of criminal contempt under Section 12…

The petitioners, a company dealing in the purchase and resale of life‑insurance policies, challenged LIC's circulars of 2003 and 2005 that refused to register assignments of policies to firms engaged in trading such policies. They argued that Section 38 of the Insurance Act, 1938 makes policies transferable and assigna…

The Kerala Bar Hotels Association and other hotel operators challenged the Kerala government's 2014‑15 policy that restricted foreign liquor (FL‑3) licences to only five‑star hotels, alleging violations of Articles 14, 19 and 47 of the Constitution. The State argued that the policy is a reasonable classification aimed …

The Central Bank of India sued Virudhunar Steel Rolling Mills Ltd. and its directors (respondents 2‑4) for recovery of credit facilities totalling about Rs 12 lakh. The directors had executed personal guarantee deeds on 30 August 1974, but the company already owed approximately Rs 7.68 lakh before that date. The bank c…

The Supreme Court examined whether a Company Court or an Official Liquidator can control the sale of secured assets by a secured creditor under the SARFAESI Act when the borrower is a company under winding up. Pegasus Assets Reconstruction Ltd, the secured creditor, sought to enforce its security over the land of Harya…

The appellant, a senior lecturer in a private polytechnic, claimed that the vacant post of Principal must be filled by promotion under Rule 3(3) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. The Director of Technical Education rejected this claim, applying the Government Polytechn…

The appellant, M/s. S.K.L. Co., challenged a notification by the Railways that leased Front Second Class Luggage Rakes (FSLR) and Ventilated Parcel Vans (VP) to private lessees through an auction, alleging that the lease violated Sections 70 and 71 of the Railways Act, 1989 by giving undue preference and that the Railw…

The appellant, Mallella Shyamsunder, was convicted for the murder of his wife, Kalyani, who died from extensive burns after allegedly being beaten and doused with kerosene over a dowry dispute. The deceased gave two dying declarations to a police officer and a Judicial First Class Magistrate, both of which were found t…

M.P. Singh Bargoti, an Inspector in the Madhya Pradesh Police (Fingerprint Branch), retired on 31 March 1998 without being promoted to Deputy Superintendent of Police (DSP). The Administrative Tribunal had directed that a combined gradation list be prepared including his name for promotion, but the list was either not …

Baldev Krishan, the landlord, filed an eviction suit under s.13(1)(h) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, claiming bonafide need for himself, his wife and family. The trial court and the first appellate court decreed in his favour, but during the pendency the landlord's wife died. The Hi…

The Supreme Court examined the operation of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It held that an acquisition proceeding is deemed to have lapsed when an award under Section 11 of the Land Acquisition Act, 1894 was passed at leas…

The appellants were convicted under Sections 498A and 3048 of the IPC for the death of the appellant's wife, who died from severe burns allegedly after a dowry demand. The prosecution proved, on a pre‑ponderance of probability, that the death occurred within seven years of marriage, was unnatural, and was linked to rec…

The Securities and Exchange Board of India (SEBI) issued a summons on 23 July 2002 to Roofit Industries Ltd. demanding documents and information. The company failed to comply despite several extensions and a reminder dated 5 September 2002, leading the Adjudicating Officer to impose a penalty of Rs 1 crore under Sectio…

The appellant, a promoter, acquired more than 15% of a listed target company and made a public offer to buy remaining shares at Rs 8.75 per share. He had earlier bought back shares held by a state financial institution (HSIDC) at Rs 23.75 per share using post‑dated cheques, but failed to disclose this transaction in th…

The State of Uttar Pradesh appealed against a Division Bench of the Allahabad High Court that had set aside its termination of several District Government Counsels and ordered a reconsideration of their renewal. The core issue was whether the State, under Section 24 of the Code of Criminal Procedure and the Uttar Prade…

The appeal filed by Ram Charan Singh Prajapati against the State of U.P. and others concerned the validity of a judgment rendered under Section 24 of the Code of Criminal Procedure, 1973, and the applicability of the Uttar Pradesh Government Legal Remembrance's Manual. The appellant challenged the impugned judgment, se…

The Gujarat Mineral Development Corporation (GMDC) acquired land in villages Bhuri and Rajpardi for a lignite project under the Land Acquisition Act, 1894. The Special Land Acquisition Officer initially fixed compensation at low rates, which were later increased by the Reference Court. The High Court, noting that the a…

The Supreme Court examined whether acquisitions made under the Land Acquisition Act, 1894 could be declared lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It held that a declaration of lapse requires a clear factual finding t…

The appellant Motilal Yadav was convicted, along with six co‑accused, for kidnapping a six‑year‑old boy and demanding ransom, under IPC sections 364A read with 34 and 120B. The trial court sentenced each accused to life imprisonment and a fine, and the High Court of Patna affirmed the conviction. The appellant challeng…

The Supreme Court issued clarifications to its earlier interim order dated 18 September 2014 concerning admissions to private medical colleges. It held that the order also applies to institutions that sought an increase in intake capacity but were denied permission after any renewal or inspection in the current academi…

The State of Punjab ordered a re‑auction of two properties of the Punjab State Leather Development Corporation after the highest bids, which were only marginally above the reserve price, were submitted by the respondents. The respondents had paid the earnest money and 25% of the bid amount, but the Director of Industri…

Sukhvinder Singh, a combatant soldier recruited in 2001, was invalided out of service in 2002 with a hearing impairment assessed at 6‑10% disability. The Medical Board held the disability neither attributable nor aggravated by military service and below the 20% threshold, denying him disability pension under Regulation…

The Securities and Exchange Board of India (SEBI) appealed against the Securities Appellate Tribunal’s (SAT) order that limited a stock broker’s "annual turnover" to the brokerage earned, thereby reducing the registration fee payable by ICAP India Pvt Ltd, a broker in the wholesale debt market. The Supreme Court examin…

The appellant filed a private complaint under Section 200 CrPC alleging forgery and fraud in connection with a machinery supply contract, leading the magistrate to take cognizance of offences under Sections 425, 468 and 471 IPC. The respondents obtained a stay of the cognizance by invoking Section 195(1)(b)(ii) CrPC, a…

The appellants, contractors engaged in government construction projects in Madhya Pradesh, challenged the demand of a 1% welfare cess under the Building and Other Construction Workers' Welfare Cess Act, 1996, arguing that the levy was retrospective because their contracts were executed before the State Welfare Board wa…

Vinod Kumar Subbiah filed for divorce under Section 13(1)(ia) of the Hindu Marriage Act, alleging mental cruelty by his wife, Saraswathi Palaniappan, who later sought restitution of conjugal rights under Section 9 and maintenance. The trial court, after examining extensive evidence, found the wife’s abusive conduct—ins…

The husband, an engineer, filed a suit for divorce under Sections 13(1)(i‑a) and 13(1)(i‑b) of the Hindu Marriage Act, alleging mental cruelty and desertion by his wife, a draftsman. The wife counter‑claimed that she faced dowry harassment, alleged an extra‑marital affair by the husband, and had withdrawn a criminal co…

The appellants, small shop‑owners in Tirumala, challenged the compensation awarded for their land acquired by the State for the Tirumala Tirupati Devasthanams (TTD) under the Land Acquisition Act, 1894. The Reference Court had fixed a market value of Rs.80‑100 per square foot based on escalation of values of adjacent l…

The State of Karnataka fixed the price of rectified spirit at Rs.6 per litre by a Government Order under Rule 17 of the Karnataka Excise (Manufacture and Bottling of Arrack) Rules, 1987, allowing captive distilleries to retain only Rs.5 per litre while the balance Rs.1 per litre was payable to the State. The appellant,…

The Supreme Court examined a dispute arising from a money decree that was later set aside, where Citibank N.A. had received 9% IRFC bonds worth Rs.50 crore from Canbank Financial Services Ltd. (Canfina) and subsequently sold them in the market. The issue was how to calculate the restitution amount under Section 144 of …

The petitioners, holders of FL3 foreign liquor licences, were unable to use their licences for the full financial year because of court‑issued injunctions and other extraneous circumstances. They challenged the demand to pay the full annual licence fee under Rule 14 of the Foreign Liquor Rules, seeking a remission and …

The Delhi Development Authority (DDA) invited applications for a self‑financing housing scheme in 1985. The respondent paid a registration deposit of Rs.15,000 and later declined the flat allotment, seeking a refund with 15% interest instead of the 7% stipulated in the scheme brochure. DDA refunded the amount with 7% i…

Hitender Kumar Soni, a temporary employee on probation, absented himself from duty and submitted a resignation on 7 October 1997, which was accepted by the Government on 16 June 1998. He later sought to cancel the resignation, but the request was denied and the matter proceeded through the Central Administrative Tribun…

The husband and wife were married in 1989; the wife later filed a criminal complaint against the husband and his family under several IPC provisions and the Dowry Prohibition Act, which led to their arrest. The husband filed for divorce on the grounds of cruelty and alleged irretrievable breakdown, and the wife was lat…

The partnership firm Modern Hotel held an FL‑3 licence to run a bar, but renewal was denied because a partner had earlier incurred abkari dues and the proviso to Rule 13A(5) of the Foreign Liquor Rules required that at least 50 % of such arrears be cleared. The firm paid additional sums over several years and later, un…

Sujasha Mukherji, who had secured the highest aggregate marks in the written test for recruitment as a District Judge, was disqualified after her marks in one paper were moderated from 55% to 37%, causing her to fall below the 40% minimum required per paper. She challenged the moderation before the Supreme Court, argui…

Kosha Investments Ltd, having already held more than 15% of Snowcem India Ltd (SIL), acquired additional shares between June and August 1999 that exceeded the 5% threshold of the paid‑up capital in a financial year, but failed to make the public announcement mandated by SEBI (Substantial Acquisition of Shares & Takeove…

The State of Bihar initiated acquisition of land belonging to M/s. Soorajmull Nagarmull in 1981 under Section 17 of the Land Acquisition Act, 1894, taking possession but failing to publish an award. Subsequent notifications in 1995‑96 attempted a fresh acquisition. The High Court held that the 1981 acquisition remained…

The case concerned whether lecturers/teachers employed by the Madhya Pradesh Education and Tribal Welfare Department were entitled to the second increment (Kramonnati) under the Kramonnati Scheme introduced on 19 April 1999. The State Government had granted this benefit to teachers only from 1 August 2003, arguing that…

The mother, Roxann Sharma, and the father, Arun Sharma, contested custody of their infant son Thalbir, who was less than five years old. The Goa civil court initially granted interim custody to the mother with visitation rights to the father. A single judge of the High Court of Bombay at Goa later reversed this, awardi…

Harish Kumar was married to Manisha, who suffered severe burn injuries on 13 September 1993 and died five days later. He was charged under Sections 304B (dowry death) and 498A (dowry cruelty) of the IPC. The trial court convicted him on both counts; the High Court upheld the convictions. On appeal, the Supreme Court ex…

The State of Gujarat awarded a contract to M/s Kothari & Associates for canal lining, but repeatedly delayed handing over the site, forcing the contractor to seek four extensions of time. Each time the contractor claimed compensation for the delay, the State denied it, and the work was eventually completed in 1980. The…

The dispute involved the A.P. Power Coordination Committee and related entities (appellants) and M/s. LanCo Kondapalli Power Ltd. (respondent) over capacity‑charge bills and a claim for reimbursement of Minimum Alternate Tax (MAT) under their Power Purchase Agreement (PPA). The key questions were whether the Limitation…

The Orissa Public Service Commission (OPSC) conducted a 1974‑75 competitive exam for Lower Division Assistants, but the number of SC/ST candidates selected was far below the reserved quota. The State Government filled the remaining reserved seats by sponsoring candidates through the Employment Exchange and selecting th…

Ajay Kumar Choudhary, a Defence Estate Officer, was suspended on 30 September 2011 for allegedly issuing incorrect NOCs on land records. The suspension was extended four times, totalling several years, without a charge sheet for most of the period. The Central Administrative Tribunal (CAT) directed that the suspension …

The Supreme Court entertained review petitions filed by the Union of India challenging its earlier decision on reservation in faculty posts at AIIMS. The issue centered on whether Articles 15, 16 and 335 of the Constitution permit reservation in super‑specialty faculty positions. The Court clarified that the power to d…

The case concerned a Letter of Credit (LC) issued by National Bank Limited (the opening bank) for a rice export from India to Bangladesh. The bank certified photocopies of shipping documents to the importer without the exporter’s or negotiating bank’s knowledge, which the importer used to obtain the goods. The exporter…

Stantech Project Engineering Pvt Ltd filed winding‑up petitions against Nicco Corporation Ltd for unpaid debts that the respondent had admitted. The Company Judge allowed the respondent’s counsel to obtain a concession to pay the debt in installments, thereby postponing the publication of the winding‑up petition. The r…

The Manesar Industrial Welfare Association, representing beneficiaries of land acquired for the Haryana Industrial and Infrastructure Development Corporation (HSI/DC), challenged a High Court order that enhanced compensation based on sale deeds of two private companies. The Supreme Court upheld that order, but the Asso…

The appellant, who had served LIC for over 23 years and resigned after turning 50, sought pension under the Life Insurance Corporation of India (Employees) Pension Rules, 1995, which were given retrospective effect. The corporation denied the claim, arguing that resignation forfeited pension rights. The Supreme Court e…

M/S K.C.P. Ltd., a producer of industrial (rectified) spirit, challenged the Andhra Pradesh Rectified Spirits Rules, 1971 which required licences, excise duty and various fees for export. The appellants argued that the State could not tax industrial alcohol, that the fees were not a quid pro quo, and that the export fe…

The State of Tamil Nadu amended its Distillery Rules to raise the administrative service fee for industrial alcohol from Rs.0.50 to Rs.1 per bulk litre. The petitioners (industrial distilleries) challenged the increase, arguing that the fee must be based on a quid pro quo relationship between the State's expenses and t…

Kalyan Chemicals, a manufacturer of ethyl acetate, challenged the Andhra Pradesh Government's amendment of Rule 3 of the 1971 Denatured Spirit Rules, which introduced an administrative fee of 50 paise per bulk litre and was given retrospective effect from 25‑10‑1989. The appellant argued that the amendment could not be…

The Tamil Nadu Housing Board (TNHB) appealed against orders of the Madras High Court that had directed it to issue No Objection Certificates to purchasers of land that had been acquired under the Land Acquisition Act, 1894. The land in question had been notified for acquisition under Section 4 and a declaration under S…

The Supreme Court examined whether a Freedom Fighter pension granted to the deceased respondent was improperly awarded, as he was only 7‑8 years old in 1942 and could not have participated in the freedom struggle. Documentary evidence, including a 1975 voter list and a 1977 deposition, showed his age to be about 42 in …

The appellants, land owners, challenged acquisition proceedings originally under the Land Acquisition Act, 1894, and after the 2013 Act came into force, sought a declaration of lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Th…

Premium Global Securities Pvt. Ltd. (PGSL) transferred its National Stock Exchange (NSE) trading membership from its predecessor, Premium Capital Market & Investments Ltd. (PCMIL), after SEBI’s Rule 8(1)(f) and 8(3)(f) of the Securities Contract (Regulation) Rules, 1957 barred a company from carrying fund‑based and tra…

The appellant Selvaraj was convicted under Section 302 IPC for allegedly strangling his infant daughter, based on testimony of the mother, mother‑in‑law and a sister, who later turned hostile, and on a medical report that did not conclusively indicate homicide. The Supreme Court examined the credibility of the hostile …

The appellant, Sher Singh, was convicted under Sections 3048 and 498A IPC for the alleged dowry‑related suicide of his wife, Harjinder Kaur, who had reportedly complained of dowry harassment two months before her death. The prosecution alleged that the husband and his family demanded a motorcycle and a fridge, leading …

The Supreme Court examined whether Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 applies to land acquired under the Land Acquisition Act, 1894 when the award predates the 2013 Act by at least five years and either possession has not been …

The Supreme Court considered appeals by several coal traders (including S.J. Coke Industries) seeking a refund of excess amounts paid under a government‑mandated e‑auction scheme for coal, which had been declared ultra vires and void by the Court in the Ashoka Smokeless Coal case. The Central Coalfields Ltd. (CCL) oppo…

The Supreme Court examined the appeal of Maya Devi and others convicted under Sections 3048 and 498A of the IPC for the death of their daughter-in‑law, Kavita. The Court reiterated that to establish a dowry death, the prosecution must prove (i) death within seven years of marriage, (ii) death caused by burns, bodily in…

E. Bapanaiah, a depositor, filed a contempt petition against K.S. Raju, promoter director of Nagarjuna Finance Ltd., alleging wilful breach of an undertaking given to the Company Law Board (CLB) to repay deposits. The High Court division bench set aside the conviction and sentence imposed by a single judge, finding Raj…

The State of Haryana acquired land in 1973 for a sheet‑glass factory and conveyed it to Northern Indian Glass Industries Ltd. (NIGI) under a deed that prohibited sale without the State’s written permission and required construction of the factory within a stipulated period. NIGI failed to build the plant, sold portions…

Tata Engineering & Locomotive Co. (TELCO) was challenged under the Monopolies and Restrictive Trade Practices Act, 1969 for demanding a booking amount for its Indica cars that allegedly included taxes, cess and transportation costs, which three complainants claimed was an excessive and unfair trade practice. The Monopo…

The State of Haryana issued a Section 4 notification on 18‑Jan‑2001 to acquire land and invoked the urgency provisions of Section 17(1) and (4) without first tendering the statutorily required 80% compensation. A Section 6 declaration followed on 19‑Jan‑2001, but the land‑owners filed writ petitions challenging the not…

The Supreme Court considered an appeal by Laxmi Fibres Ltd., a company under liquidation, challenging a condition imposed by the High Court that the Official Liquidator must adjudicate the claims of A.P. Industrial Development Corporation and A.P. State Financial Corporation, both secured creditors under Section 29 of …

An unwed Christian mother filed a petition under Section 7 of the Guardians and Wards Act, 1890, seeking to be appointed guardian of her five‑year‑old son. The Guardian Court dismissed the petition because the mother refused to disclose the name and address of the child’s putative father, holding that Section 11 requir…

IRCON International, the main contractor, entered into two sub‑contracts (C1 and C2) with Vinay Heavy Equipments for road work. The subcontractor completed about 67% of the work and claimed an unpaid balance of Rs 61 lakhs, leading to arbitration (First Arbitration) in which the arbitrator awarded the subcontractor rou…

Neon Laboratories Ltd (appellant) sought to enforce its trademark ROFOL, for which it had applied in 1992 and obtained registration in 2001, but only began using the mark in 2004. Medical Technologies Ltd and its associate (respondents) had been using the similar mark PROFOL since 1998, having acquired goodwill in the …

The appellant, Diwan Singh, a cashier with Life Insurance Corporation of India, accepted Rs.533 from a policy holder on 13 August 1990 but failed to deposit the amount, later forging a ledger entry to conceal the shortfall. He was charged with temporary embezzlement and forgery, found guilty in a departmental enquiry, …

The case concerned Havildar Purushottam, who was tried by a Summary Court Martial (SCM) for extortion and other misconduct, pleaded guilty, and was sentenced to reduction in rank. The SCM proceedings were later set aside by a Deputy Judge‑Advocate General acting as a reviewing authority under Section 162 of the Army Ac…

OPG Securities Private Ltd, a stock broker, challenged SEBI's demand for registration fees calculated on the basis of its total turnover for periods after 1 October 2006. The demand was based on the earlier Schedule III of the SEBI (Stock‑brokers and Sub‑brokers) Regulations, which used the previous year's turnover on …

The Vadodara Stock Exchange created a subsidiary limited by guarantee that could not obtain NSE membership, so it formed another stock‑limited subsidiary (the appellant) which secured NSE membership but was denied SEBI recognition because only one subsidiary could be registered as a broker. To operate on NSE, the earli…

The Mineral Exploration Corporation Ltd, a government-owned public sector undertaking, faced severe financial losses and, under a government‑approved restructuring plan, announced a wage revision effective from 1 April 2003 and to be implemented from 1 April 2006. Employees who had voluntarily retired before 1 April 20…

The appellant, Hasmukhrai Mehta, owned land in Village Sheel, Raigad, which was originally included in a 1977 residential development plan. In 1999 the land was re‑designated for an Agricultural Produce Market Yard and a truck terminal, and the appellant served a purchase notice under Section 49 of the Maharashtra Regi…

The case concerned stock brokers who had converted their individual or partnership membership into a corporate entity before 1 April 1997 and sought the fee‑continuity benefit under paragraph 4 of Schedule III of the SEBI (Stock Brokers and Sub‑Brokers) Regulations, 1992. SEBI denied the benefit, arguing that the provi…

The Securities and Exchange Board of India (SEBI) appealed against the Securities Appellate Tribunal’s order directing SEBI to refund fees paid by M/s Prebon Yamane (India) Ltd (the Respondent). The dispute centered on whether the Respondent qualified for the "fee continuity" exemption under Clause 4 of Schedule III of…

The appellants were canteen workers at the Moradabad Division of the Northern Railway who claimed that their canteen should be treated as a statutory canteen under the Factories Act, 1948 and that their services should be regularised. The respondents argued that the canteen was a non‑statutory, non‑recognised facility …

The appellants, land owners, challenged the State of Bihar’s acquisition of their land under the urgency provision of Section 17 of the Land Acquisition Act, 1894, alleging that no award had been made despite a High Court direction in 1988 to do so within four months. The State argued that Section 17 allowed possession…

The Defence Estate Officer appealed against a High Court order that increased compensation for land acquired under the Requisitioning and Acquisition of Immovable Property Act, 1952 and awarded 30% solatium and 9% interest due to a 19‑year delay in appointing a statutory arbitrator. The respondents had originally been …

The case involved four brothers who owned a family business and entered into an arbitration agreement in 1984 to partition the business. An arbitrator issued an award in 1987, but subsequent litigation in the Bombay, Rajasthan and Delhi High Courts resulted in family settlement schemes in 1994 and an amended settlement…

The police intercepted the vessel M.V. Seaman Guard Ohio within Indian territorial waters and seized a large quantity of unlicensed firearms and ammunition, leading to a charge sheet under the Arms Act, 1959 and other statutes. The accused challenged the charge sheet through revision (s.397) and a petition under the in…

The plaintiff, New Delhi Television Ltd, filed a civil suit against Quantum Securities Pvt Ltd and others seeking a permanent injunction restraining defamatory communications and damages. During the suit, the plaintiff filed a Notice of Motion under Order XXXIX of the CPC and obtained an ex‑parte interim injunction on …

The National Institute of Technology (NIT) dismissed its Registrar, Pannalal Choudhury, on grounds of financial and administrative irregularities after a departmental inquiry. The respondent challenged the dismissal, arguing that only the Board of Governors (BOG) had authority to dismiss under the Assam Services (Disci…

The appellant, a 60% hearing‑impaired candidate, secured the first merit for a Group ‘D’ non‑teaching post in a West Bengal school and was appointed, but the second‑ranked respondent challenged the appointment on the ground that the appellant had exceeded the prescribed upper age limit. The appellant claimed entitlemen…

The State of Haryana acquired large tracts of undeveloped agricultural land in 1977 for residential development, and the landowners sought compensation. The Land Acquisition Officer initially fixed the fair market value at Rs.16.52 per square yard, which was later enhanced to Rs.22 by the reference court. The High Cour…