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This Constitution Bench judgment interprets the second proviso to Article 311(2) of the Constitution of India, which allows dismissal, removal, or reduction in rank of a civil servant without an inquiry in three exceptional circumstances: conviction on a criminal charge, when it is not reasonably …
The petitioners sought a writ of mandamus to restrain the State of Tamil Nadu from evicting slum and pavement dwellers in Madras without providing alternative accommodation and basic amenities. The State argued that it had a benevolent policy of providing alternate housing before demolition, citing …
The Supreme Court examined writ petitions filed by pavement and slum dwellers challenging the Bombay Municipal Corporation's demolition of their hutments, arguing that eviction violated their fundamental rights under Articles 21 and 19 of the Constitution. The petitioners claimed that the right to …
The case concerned a dispute between Gram Panchayats and the Central Government over the vesting of Shamlat‑deh (village common) lands after the 1947 partition. The Punjab Village Common Lands (Regulation) Act, 1953 vested such lands in the village panchayats, while the Administration of Evacuee …
The Bombay Hawkers' Union and several hawkers filed writ petitions under Article 32 challenging sections 313, 313‑A, 314(3) and 497 of the Bombay Municipal Corporation Act, 1888, alleging that the provisions gave the municipal authorities unfettered power to refuse licences and remove goods without …
Distributors (Baroda) Ltd., an investment company, claimed a deduction under Section 80M of the Income Tax Act for inter‑corporate dividends based on the full amount of dividends received, contrary to the Revenue’s view that the deduction should be calculated on dividend income as computed under the …
The petitioners, medical graduates from Orissa, challenged a change in the admission scheme for postgraduate medical courses that required a separate entrance examination after completing a Resident House Staff appointment. They claimed the new scheme violated their fundamental right to admission …
Eight petitioners, originally Assistant Medical Officers, were promoted on an officiating basis to Divisional Medical Officer posts between 1971 and 1974 under the 1965 and 1973 Railway Medical Service Rules, which treated such posts as selection posts. A seniority list prepared in 1979 under the …
Khandelwal Metal & Engineering Works imported brass scrap and argued that the "additional duty" under Section 3(1) of the Customs Tariff Act was a counter‑vailing duty that could not be levied because brass scrap is not manufactured in India and that it should be treated as a "master alloy" exempted …
Indian Aluminium Cables Ltd. manufactured aluminium rods by the Properzi process and argued that these "Properzi Rods" were not "wire rods" and therefore should be taxed under the residuary Entry 68 of the Central Excise and Salt Act, 1944. The Central Excise authorities classified them under Entry …
The petitioner, a wife, filed a divorce on the ground of desertion and later challenged a criminal complaint filed by her husband under IPC s.497 accusing Dharma Ebenezer of adultery with her. She argued that s.497 violated Articles 14 and 21 of the Constitution by discriminating against women and …
The Supreme Court examined appeals against a Punjab and Haryana High Court judgment that had set aside the selections made by the Haryana Public Service Commission (HPSC) for the Haryana Civil Service (Executive) and allied services. The petitioners alleged that the HPSC members were appointed on …
The Supreme Court examined the constitutionality of Karnataka's reservation orders (1977, 1979) that set aside 68% of seats in professional colleges and 66% of posts in government services for Scheduled Castes, Scheduled Tribes and other backward classes under Articles 15(4) and 16(4). The Court …
The petition challenged the constitutional validity of Explanation 1 to Section 77(1) of the Representation of the People Act, 1951, which exempts expenditures incurred by political parties or other persons (other than the candidate or his agent) from being counted towards the candidate's …
The appellant's husband was a tenant of a shop under the Delhi Rent Control Act, 1958. After the landlord served a notice of termination, the tenant died while still in possession as a statutory tenant. The widow and heirs claimed the right to remain in possession and the protection against eviction …
The appellant, a Muslim advocate, divorced his wife Shah Bano Begum by irrevocable talaq and argued that under Muslim Personal Law he owed no further maintenance beyond the iddat period, having paid dower (mahr). The wife filed a petition under Section 125 of the Code of Criminal Procedure (CrPC) …
McDowell & Company Ltd., a licensed liquor manufacturer in Hyderabad, paid sales tax on its turnover excluding the excise duty that buyers paid directly to the excise authorities. The Commercial Tax Officer issued a notice to include that excise duty in the company's turnover for sales tax purposes, …
The appellants, Bhagirath and others, sentenced to life imprisonment for murder, sought to have the 14 years they had already spent in jail as under‑trial prisoners set off against their life sentences, invoking Section 428 of the Code of Criminal Procedure, 1973. The Delhi High Court had rejected …
The Supreme Court examined the constitutional validity of sections 13(8) to 13(11) of the Punjab Cooperative Societies Act, 1961, which empower the Registrar to compulsorily amalgamate cooperative societies. Petitioners argued that the provisions violated the right to form associations under Article …
The Supreme Court examined the constitutional validity of the Andhra Pradesh Abolition of Posts of Part‑time Village Officers Ordinance, 1984, which abolished a large number of part‑time village officer posts and created new full‑time Village Assistant posts. The petitioners challenged the ordinance …
Major D.P. Kukrety, a commissioned officer of the Indian Army, was tried by a general court‑martial for alleged misconduct in November 1975. The court‑martial found him not guilty, but the finding was sent back for revision and remained unconfirmed. The Chief of the Army Staff then issued a …
Shankar Dass, a cash clerk, was convicted of breach of trust and released under section 4 of the Probation of Offenders Act, 1958. Despite the probation, the Government dismissed him from service. He challenged the dismissal, arguing that section 12 of the Probation Act barred any "disqualification" …
Vengdasalam Pillai, a landholder in Pondicherry, partitioned his property in 1970, allocating land to his two minor sons and retaining a small parcel for himself, while his wife owned land purchased with her Sridhanam money. The land reforms authority deemed his total holding, including his wife’s …
The Bank of Baroda granted a demand loan of Rs.36,000 to Moti Bhai, secured by a promissory note, a hypothecation of standing crops and a mortgage deed, with two guarantors. When the loan defaulted, the Bank sued the borrowers in a civil court for recovery of the principal, interest and, in case of …
The petitioners, industrial undertakings, challenged the validity of Rule 19A of the Income‑Tax Rules, 1962, which excluded borrowed capital and fixed the computation of "capital employed" on the first day of the previous year for the purpose of the tax exemption under Section 80J of the Income‑Tax …
The Uttar Pradesh State prosecuted four police officers for the death of Brijlal, who was arrested on a spurious charge and died in police custody after being beaten. The prosecution relied heavily on Brijlal's dying declaration to the magistrate, which identified the Station House Officer and …
The Andhra Pradesh government, after coming to power in 1983, reduced the superannuation age for most government employees from 58 to 55 years by issuing an order and two notifications, claiming it would create employment opportunities for youth. Over 28,000 employees were forced to retire, …
The landlord filed three ejectment applications against the tenant for possession of a room in Kamla Nagar, Delhi. In the first proceeding (1967) the Rent Controller ordered the tenant to pay arrears under s.14(2) read with s.15 of the Delhi Rent Control Act, 1958; the tenant complied and the …
In 1975 a food inspector collected a 200‑gram sample of suji from the accused, although the Prevention of Food Adulteration Rules required 250 g, and sent it to the public analyst, who reported excessive moisture and ash. The Metropolitan Magistrate acquitted the accused on the ground that the …
The appellants, twenty‑two apprentices who completed a one‑year training with the Punjab State Electricity Board, claimed that their letters of appointment required the Board to absorb them in the event of vacancies, in line with a Government of India instruction that at least 50% of direct …
The petitioners, owners of plots in Bandra, Bombay, were ordered by the Municipal Corporation and the State to demolish buildings constructed without permission and the lands were later declared "vacant" under the Maharashtra Vacant Lands (Prohibition of Unauthorised Occupation and Summary Eviction) …
The landlord filed seven eviction suits under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming a bona‑fide personal requirement for the premises. The trial court decreed eviction against all tenants; the appellate authority upheld the decrees for the four ground‑floor shop …
Harsharan Verma filed a writ petition in the Allahabad High Court challenging the continuance of Charan Singh as Prime Minister and S.N. Kacker as minister, alleging that Charan Singh failed to obtain a Lok Sabha mandate within three weeks as directed by the President, resigned on 20 August 1979, …
The appellants, Ahmed Hussain Khan and S. Gopalan, were senior civil servants who had joined the Hyderabad State service before its merger with India and later transferred to Andhra Pradesh. Their pension was governed by Rule 299(b) of the Hyderabad Civil Services Rules, which originally stipulated …
S.M. Yunus, a former civil servant of the erstwhile State of Hyderabad who retired in 1956, claimed a pension of Rs 1,000 per month in Indian currency, arguing that his right had vested at retirement. The Andhra Pradesh Government had, by a 1971 notification, retrospectively reduced the maximum …
Four persons, including the appellant Banwar Lal, were tried for the murder of Gyanchand under Sections 302 and 34 of the Indian Penal Code. The Sessions Judge acquitted three accused and convicted only Kanahiya Lal, but the Rajasthan High Court set aside the acquittal of Banwar Lal, relying on the …
The appellants, convicted of life imprisonment for the 1971 murder of Kunwar Bahadur, sought acquittal on the ground that a man of the same name was found dead in 1983, suggesting the original victim was alive for twelve years. The Supreme Court, invoking its power under Article 136, ordered the …
The Gwalior District Co‑operative Central Bank Ltd., whose board had been superseded by the Registrar of Cooperative Societies and placed under the control of the Madhya Pradesh State Cooperative Bank (the Apex Bank), dismissed employee Ramesh Chandra Mangal for allegedly overstaying leave. The …
The Provident Fund Inspector filed complaints against the directors and factory manager of Burhanpur Tapti Mills Ltd for failing to pay the employer's contribution to the Employees' Provident Fund and Family Pension Fund Act, 1952, for the period February 1970 to June 1971. The accused contended …
V. Sasidharan, a clerk in a firm of lawyers, was dismissed and appealed under the Kerala Shops and Commercial Establishments Act, 1960. The firm contended that it was not a "commercial establishment" within the meaning of the Act, leading the Appellate Authority to dismiss the appeal on a …
The appellants, members of a society for the prevention of cruelty to animals, filed a revision application in the Patna High Court which was to be heard by Justice S.K. Jha. They later engaged Shri Sailendra Kumar Jha, the son of Justice Jha, to appear for them, prompting concerns about a son …
The petitioners, members of the Scheduled Caste, challenged their exclusion from appointment as Sub‑Judges in the Delhi Judicial Service despite being on the merit list of the 1980 competitive examination. The High Court had fixed the number of reserved vacancies based on the number of candidates …
Rajendra Jha, a dresser in the Steel Authority of India, was dismissed on charges of misconduct. Because an industrial dispute was pending, the management sought approval of the dismissal under section 33(2)(b) of the Industrial Disputes Act, 1947. The Labour Court held the domestic inquiry invalid …
The case concerned the inter‑se seniority of promotee judges (appointed by promotion under Rule 16) and direct recruits (appointed from the Bar under Rule 5(2)) to the Delhi Higher Judicial Service. The petitioners, promotees, argued that seniority should be based on their dates of continuous …
The petitioners, a group of medical graduates, applied for admission to the post‑graduate medical course at the Srinagar Medical College for the July 1980 semester and appeared for the entrance test, but the result was never declared and no admissions were made for three consecutive semesters (July …
Nirmal Singh, a Branch Manager of a cooperative bank, was dismissed after an inquiry into a fraudulent draft encashment. He challenged his dismissal, and the Government of Punjab referred his grievance to the Conciliation Officer, who recommended that the dispute be referred to a Labour Court. The …
Ram Sarup was appointed as a clerk by the Loharu Panchayat Samiti in 1963 and later promoted to Head Clerk on an ad‑hoc basis in 1974 and regularised in 1975. The Haryana Amendment Act of 1973 deleted Section 33 of the Punjab Panchayat Samitis and Zilla Parishads Act, which had empowered the Samiti …
The Supreme Court heard a special leave appeal (Civil Appeal No. 2182 of 1984) filed by the Election Commission of India against an ex‑parte order of the Punjab & Haryana High Court that stayed the election programme for a by‑election in the Taoru Assembly constituency. The High Court had intervened …
Surinder Kaur Sandhu and Harbax Singh Sandhu, both Indian citizens, married in 1975 and moved to England where their son Pritpal Singh was born in 1976, making him a British citizen. After the husband was convicted for attempting to murder his wife and later removed the child to India in 1983, the …
Arjun Chaubey, a senior clerk in the Northern Railway, was served with twelve charges of gross indiscipline, many of which related to the Deputy Chief Commercial Superintendent (Respondent 3). After submitting explanations, Respondent 3 himself evaluated the explanations and dismissed Chaubey under …
The petitioners, employees of the nationalised general insurance companies, challenged the 30 September 1980 notification introducing the General Insurance (Rationalisation and Revision of Pay Scales and Other Conditions of Service) Second Amendment Scheme, alleging it violated Articles 14, 19(1)(g) …
The petition sought to hold the Chief Minister of Jammu & Kashmir, Dr. Farooq Abdullah, in criminal contempt for allegedly denouncing the judiciary in statements published in the Daily Kashmir Times. The editor of the newspaper asserted the report was accurate, while the Chief Minister denied making …
The Supreme Court examined the detention of J.S. Talwandi under Section 3 of the National Security Act, 1980. The respondent argued that the detaining authority failed to provide sufficient particulars of the first ground of detention, violating Article 22(5) of the Constitution, and that the …
The Supreme Court examined three election petitions challenging the election of Giani Zail Singh as President of India. The petitioners, who had not been duly nominated as candidates under the Presidential and Vice‑Presidential Elections Act, 1952, claimed the returned candidate exercised undue …
The petitioners, two public‑spirited organisations, sought a writ of mandamus directing the police to enter any place of worship where criminals were suspected to be sheltering. The petition was filed under Article 32 of the Constitution. The Court held that it is not within judicial competence to …
The respondents, members of the Harijan community, were convicted of murder and related offences for the killing of Dhian Singh, a Rajput, amid a land dispute between the two factions. While hearing the criminal appeal, the Punjab and Haryana High Court attempted to settle the underlying civil land …
Bombay Oil Industries challenged a Government order issued under Sections 21, 22 and 23 of the Monopolies and Restrictive Trade Practices Act, 1969, alleging that it was not supplied with material necessary to contest the order. The Court examined whether the Government, as an administrative …
The Supreme Court examined the constitutionality of the Tamil Nadu Stage Carriages and Contract Carriages (Acquisition) Act, 1973, which sought to nationalise stage and contract carriage services and their assets. Operators challenged the Act as violative of Articles 14, 19 and 31, alleging it was …
Dr. V.K. Agarwal, having completed his MBBS, one year of compulsory housemanship and three years as a Medical Officer, applied in October 1974 for admission to the M.D. (Physiology) course at King George's Medical College, Lucknow. The Principal rejected his application, contending that Agarwal had …
The appellant, New Theatres (Carnatic Talkies) Ltd., held a lease for land on which it built a theatre and later claimed a right to purchase the site under Section 9 of the Madras City Tenants' Protection Act, 1921. The respondent, N.V. Naidu, sought the appellant's eviction and the matter proceeded …
K.L. Tripathi, a Branch Manager of State Bank of India, was charged with irregularities in issuing letters of credit and alleged misconduct. An internal investigation under the SBI (Officers and Assistants) Service Rules led to a charge‑sheet, after which he was given a personal hearing but not the …
The appellant, a research officer, was charged with submitting a false bill and later with disobeying an order, leading to his dismissal from service. He filed a suit for declaration and injunction to restrain his dismissal, which was dismissed by the Subordinate Judge on the ground that his remedy …
The Kanpur University conducted the 1982 Combined Pre‑Medical Test using a multiple‑choice objective format and published the key‑answers along with the results. Several candidates claimed that the key‑answers for three questions (in Chemistry, Zoology and Botany) were incorrect, causing them to be …
The petitioners, sentenced to death for murder, challenged the constitutionality of Section 354(5) of the Code of Criminal Procedure, which mandates execution by hanging, alleging it is cruel, barbarous and violative of Article 21 of the Constitution. The Court examined whether hanging constitutes a …
The Supreme Court examined a scheme whereby several states reserved a percentage of seats in medical colleges for candidates from other states to promote national integration. The Jammu & Kashmir and Andhra Pradesh governments nominated candidates to these seats without any objective criteria, …
The State of Haryana resold liquor licences that had been defaulted on by the original bidders, either through re‑auctions or private negotiations, and demanded the shortfall between the original bids and the resale proceeds. The respondents challenged the State's demand, arguing that the …
Dr. V.K. Saxena and a nurse, Bhagwati Singh, were convicted for the murder of Sudha, Saxena's wife. The Sessions Judge sentenced Saxena to death and the nurse to life imprisonment. The Allahabad High Court reduced Saxena's death sentence to life imprisonment and acquitted the nurse, citing a split …
The President referred a question under Article 317(1) of the Constitution concerning whether a member of the Punjab Public Service Commission, Gopal Krishan Saini, should be removed for alleged gross misbehaviour after allegedly slapping the Chairperson, Santosh Chowdhary. The Court held that the …
The Supreme Court examined the interpretation of Rule 13(1) of the 1973 Adhoc Rules and Rule 6 of the 1974 Adhoc Rules governing seniority and promotion of Junior Lecturers in Andhra Pradesh junior colleges. Petitioners, who were first or second class post‑graduate degree holders, claimed that the …
The petitioners challenged the Jammu & Kashmir Agrarian Reforms Act, 1976 on the ground that its provisions violated Articles 14, 19 and 31 of the Constitution. The State contended that the Act is a measure of agrarian reform and therefore falls within the protection of Article 31A, which bars any …
Rudul Sah was kept in prison for more than 14 years after being acquitted by a trial court. He filed a habeas corpus petition under Article 32 of the Constitution seeking his release and compensation for the illegal detention. The State of Bihar informed the Court that he had already been released, …
The petitioners, members of the General Reserve Engineering Force (GREF), were convicted by Court‑Martial under section 63 of the Army Act, 1950 for participating in a protest and were dismissed from service. They challenged the constitutional validity of applying section 21 of the Army Act and …
The National Textile Workers' Union filed a contempt petition against journalist P.M. Kumaraswamy (alias Kailaimannan) for publishing articles alleging corruption by four Madras High Court judges. The Supreme Court directed him to tender a written apology to the Court and the judges and to publish …
The State of Maharashtra appealed against a Bombay High Court order that had directed the Surplus Lands Determination Tribunal to examine whether land held in the name of the respondent's wife was her separate or stridhan property. The respondent, Vyasendra, claimed that such land should be excluded …
The Punjab Engineering College admitted sixteen students for the 1982‑83 academic year in violation of its admission rules. The Punjab & Haryana High Court struck down those admissions, but the students had already completed one or two semesters. The Supreme Court held that cancelling their …
H.M.M. Ltd., a manufacturer of Horlicks powder, imported 8,736 kg of the product into the Calcutta Metropolitan Area in 1974 and declared its value under Rule 12(1) of the 1970 Rules. The Entry Tax Officer rejected the declared value, citing non‑availability of supporting documents and resorted to a …
The Supreme Court examined the constitutionality of Section 303 of the Indian Penal Code, which mandates death for a murder committed by a person already serving a life sentence. The petitioners argued that the provision was arbitrary, discriminatory and denied the accused a fair procedure under …
The Supreme Court examined the murder case of five persons and injuries to three others in Kaila village, where ten accused were tried under sections 302, 120B and 149 of the IPC. The prosecution relied on three eye‑witnesses, a dying declaration of Sohan Singh, and firearms recovered from the …
Mohd. Shakeel Wahid Ahmed was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 on 7 November 1981. An earlier detainee, Shamsi, had been released after the Advisory Board reported no sufficient cause for his detention. The High Court upheld Ahmed's …
The Executive Committee of Meerut College elected Shri J.D. Singhal as Honorary Secretary, but the Vice‑Chancellor set aside the election on the ground that Singhal was disqualified under section 39 of the Uttar Pradesh State Universities Act, 1973 because his brother, a lecturer in the college, …
Sher Singh and others were convicted of murder under IPC s.302/34 and sentenced to death in 1977. After the High Court upheld the sentence and the Supreme Court dismissed their Special Leave Petition, the petitioners filed writ petitions under Art.32 claiming that a delay of more than two years in …
The Minimum Wages Inspector filed applications before the Minimum Wages Authority seeking overtime wages for four tube‑well operators employed by Taluka and District Panchayats in Gujarat, alleging that they worked beyond the hours prescribed under the Minimum Wages Act, 1948. The Authority …
The Gujarat Panchayat Act, 1961 created a distinct Panchayat Service for officers and servants of gram, taluka and district panchayats. After the High Court held that members of this service, including the local cadre, were government servants entitled to pay revisions and other benefits, the State …
The petitioners, two retired government servants and a society of pensioners, challenged two 1979 Government memoranda that liberalised pension computation but limited the benefit to employees who were in service on 31 March 1979 (civil servants) or 1 April 1979 (armed forces) and retired on or …
In March 1971, a group of armed dacoits looted the State Bank of Bikaner and Jaipur branch at Bayana, escaped in a stolen Ambassador car, and were later intercepted after the car crashed. The police recovered a black box containing Rs. 6,800 of the stolen cash, along with other incriminating items, …
The petitioners, including Hardev Singh, challenged orders by the states of Haryana and Uttar Pradesh that placed barricades on highways to impede the movement of Akali Sikhs during a threatened Morcha coinciding with the Asian Games. They argued that highways are public thoroughfares and any …
Prem Thakur was charged with the murder of five co‑labourers and was convicted by the trial court and the Punjab and Haryana High Court, receiving a death sentence under IPC sections 302 and 201. The prosecution's case rested solely on circumstantial evidence – a motive of theft, the appellant being …
The Supreme Court examined the constitutional validity of the Auroville (Emergency Provisions) Act, 1980, which authorised the Government of India to take over the management of the Auroville township for a limited period due to alleged mismanagement and fund diversion by the Sri Aurobindo Society. …
The Supreme Court heard three writ petitions under Article 32 challenging the constitutionality and legality of orders convening General Court‑Martials for Lt Col Prithipal Singh Bedi, Capt Dharam Pal Kukrety and Capt Chander Kumar Chopra. The petitioners argued that the composition of the …
The petitioners, wholesale dealers of beer and Indian Made Foreign Liquor, challenged the levy of an "assessed fee" in addition to the "fixed fee" (auction money) for FL‑2 licences under the Uttar Pradesh Excise Act, 1910 as amended by the 1976 Re‑enactment Act and later 1979 amendments. They argued …
The Supreme Court examined petitions filed by the Superintendent of Bhagalpur Central Jail, who claimed his suspension by the Bihar Government was a mala fide attempt to prevent him from complying with the Court’s order to file an affidavit regarding the blinding of under‑trial prisoners. The Court …
The Government of Andhra Pradesh sought to evict Thummala Krishna Rao and others from three plots of land using the summary eviction provision of Section 6 of the Andhra Pradesh Land Encroachment Act, 1905. The respondents claimed a bona‑fide title, arguing that the land might have been acquired by …
The case concerned a challenge by 25 Group I officers of the Reserve Bank of India to an Administrative Circular (No. 8, 7 January 1978) and an Office Order (No. 679, 27 April 1978) that introduced a combined seniority list and inter‑group mobility for officers across Groups I, II and III, with …
The appellant's husband was killed in a road accident on 5 April 1970 while the truck involved was covered by a statutory insurance policy issued on 30 June 1969. The Motor Vehicles (Amendment) Act 56 of 1969, effective 2 March 1970, raised the insurer's liability limit from Rs.20,000 to Rs.50,000. …
Harbans Singh, along with Kashmira Singh and Jeeta Singh, was convicted and sentenced to death for the murder of four persons. While Jeeta Singh was executed and Kashmira Singh's death sentence was later commuted to life imprisonment by the Supreme Court, Harbans Singh's special leave and review …
The petitioners, dealers in rice and owners of a rice mill, challenged Clause 3 of the Haryana Rice Bran (Distribution and Price) Control Order, 1967, which required a permit for the sale of rice bran. They argued that rice bran is not an "essential commodity" under the Essential Commodities Act, …
The Supreme Court examined whether the FIR lodged against Sanchaita Investments and its partners disclosed a cognizable offence under the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. The firm accepted public deposits at a nominal 12% interest but paid excess interest of up to 48% …
The petitioners, Kuljit Singh (Ranga) and his associate Billa, challenged the President's refusal to commute their death sentences, invoking Article 72 of the Constitution. The Supreme Court examined the scope of the President's clemency power, emphasizing that it is limited to reducing sentences …
The petitioners, including A.K. Roy, challenged the National Security Ordinance, 1980 and the subsequent National Security Act, 1980 on grounds that the President's ordinance‑making power under Article 123 is an executive power and not "law" within the meaning of Article 21, that the provisions of …
The respondents, detained under the Maintenance of Supplies of Essential Commodities Act, 1980, filed habeas corpus petitions in the Allahabad High Court. While the petitions were listed before a Division Bench, a single judge, after hearing counsel, granted them bail on the ground that the State …
The Special Area Development Authority (SADA) of Korba, created under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, levied property tax on Western Coalfields Ltd., Bharat Aluminium Co. Ltd. and other government‑owned companies, despite an agreement that SADA would not tax them and …
Prabha Dutt, chief reporter of Hindustan Times, filed a writ petition under Article 32 seeking a direction to allow her to interview two death‑row convicts, Billa and Ranga, in Tihar Jail. The Court examined whether Article 19(1)(a) of the Constitution confers a press right to unrestricted access to …
Rattan Singh was detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. While in custody he, through his counsel, sent representations to both the Punjab State Government and the Central Government via the jail superintendent, seeking …
The Supreme Court examined the constitutionality of the Special Bearer Bonds (Immunities and Exemptions) Ordinance, 1981 and the subsequent Act, which granted anonymity and tax exemptions to holders of special bearer bonds intended to canalise black money. The petitioners argued that the President …
Sundar Dass, a former railway clerk, was suspended on 17 February 1949 after it was discovered that he had concealed a prior discharge from railway service in 1944. He was dismissed on 14 May 1949, but the Rajasthan High Court later set aside that dismissal on grounds of natural justice, directing …
In 1966 a collision between a car and a goods truck caused the death of the car driver and injuries to a passenger. The heirs of the deceased and the injured passenger claimed compensation under the Motor Vehicles Act, 1939. The Motor Accidents Claims Tribunal dismissed the claims, but the Gujarat …
The Madhya Pradesh Government issued an executive order on 9 September 1980 that completely removed the minimum qualifying‑marks requirement for candidates belonging to Scheduled Castes (SC) and Scheduled Tribes (ST) when selecting them for seats reserved in state medical colleges. Nivedita Jain, a …
The appellant obtained a prospecting licence and later a mining lease for an area in Goa after the territory was annexed by India. Respondent 1 had purchased four Portuguese "Titles of Manifest" before annexation and had applied for mining concessions, which were later deemed to have lapsed by the …
The State of West Bengal charged four police officers with murder under IPC sections 302 and 34 for the deaths of Ranjit and Samir Chakraborty during a police operation in 1970. The trial court convicted them, but the Calcutta High Court acquitted, holding that the order to open fire given by the …
The respondent, an agriculturist, owed an overdraft of over Rs. 3,000 to Kottayam Orient Bank Ltd., which was amalgamated into the State Bank of Travancore (a subsidiary bank) in 1961. After a decree for recovery was obtained by the bank, the respondent sought relief under the Kerala Agriculturists' …
Dr. R.K. Khandelwal, who had passed his MBBS in 1976, applied for admission to the MD (Paediatrics) course for 1979-80 but was denied admission on the basis of merit and the 1:1 teacher‑student ratio, being placed sixth when only four seats were available. He contended that a long‑standing practice …
The petitioners, who were directly recruited on a temporary basis to the Aviation Research Centre (ARC) between 1965‑71, challenged the legality of promotions granted to deputation officers (respondents 8‑67) from 1968‑75, the constitutionality of the Aviation Research Centre (Technical) Service …
Needle Industries (India) Ltd. (NHL) was required by the Reserve Bank of India to reduce the foreign holding in its capital from 60% to 40% under the Foreign Exchange Regulation Act. To comply, the board resolved on April 6, 1977 to issue 16,000 rights shares at par and, on May 2, 1977, allotted …
Advocate R.K. Garg, appearing for a petitioner in a Rent Act matter, threw his shoe at the presiding judge after the petition was dismissed for non‑payment of process fee under Order 9 Rule 2 CPC. The judge sought to arrest him under Section 228 IPC and referred the matter to the Himachal Pradesh …
Kuljeet Singh alias Ranga was convicted along with a co‑accused for the murder of two children and sentenced to death under sections 302 and 34 of the Indian Penal Code, with additional convictions under sections 363, 365, 366 and 376. The conviction and sentence were affirmed by the High Court and …
Gurdayal Singh Fiji, a member of the Punjab Provincial Civil Service, filed a writ petition under Article 32 claiming that, despite a good service record, he was denied a certificate of integrity and inclusion in the IAS Select List due to two adverse remarks. The Supreme Court noted that the IAS …
The State of Punjab, under the Punjab Municipal Act, 1911, notified the inclusion of eight local areas into Sunam Municipality. A stay order was later placed on this notification, preventing the areas from being officially added. Despite the stay, the State, compelled by a statutory deadline, held …
Muniappan was convicted of murdering his maternal uncle and the uncle's son, a double homicide, and was sentenced to death by the Sessions Judge, who described the crime as a "terrific double murder." The Madras High Court affirmed both the conviction and the death sentence. On appeal, the Supreme …
Suresh, a domestic servant, was convicted of murdering his employer Geeta and her three‑year‑old son Anil and of attempting to murder the five‑year‑old Sunil. The conviction rested on the testimony of Sunil, a five‑year‑old child who was not sworn, and on corroborative evidence linking Suresh to the …
The deceased Bhagwan Singh, an Amin, was performing his official duty of auctioning the appellant's land when the appellant Gayasi, along with Moo! Chand and Daya Ram, lay in wait. Daya Ram shot Bhagwan Singh, causing him to fall, and Gayasi then decapitated him with a sword. Gayasi was convicted …
Aeltemesh Rein, a Lok Sabha candidate, filed an election petition under Section 81 of the Representation of the People Act, 1951, claiming to have deposited the required security of Rs.2,000 as mandated by Section 117, although no deposit was actually made. The Madhya Pradesh High Court dismissed …
The case arose from a December 5, 1973 incident in Bhawanipur where four persons were killed during a clash involving an alleged unlawful assembly of about twelve men. Twelve accused were charged under IPC sections 302 and 149; the trial court convicted eight, sentencing two (Chhotey and Ram …
Dudh Nath Pandey was convicted of murder under Section 302 of the Indian Penal Code for shooting his brother-in-law, Pappoo Kishore, after a dispute over his desire to marry Pappoo's sister. The trial and appellate courts upheld the conviction and imposed the death penalty. On appeal, the Supreme …
Dr. C. Girijambal, a holder of a Diploma in Ayurvedic Medicine (D.A.M.), was initially appointed as a Medical Officer in a Zilla Parishad dispensary on a lower pay scale despite the advertisement indicating a higher scale for candidates with G.C.I.M. or L.I.M. qualifications. The High Court had …
P. Kasilingam, a probationary lecturer at P.S.G. College of Technology, was facing a departmental enquiry for alleged dereliction of duty. On the morning the enquiry was to begin, he submitted a letter of apology and an unconditional resignation at the college correspondent's residence, apparently …
The appellant, Shankarlal Gyarasilal Dixit, was convicted of rape and murder of a five‑year‑old girl based solely on circumstantial evidence, including the discovery of the child's body in his house, alleged presence of the appellant at the scene, and forensic traces such as a semen stain on his …
The Central Government referred an industrial dispute between Grindlays Bank Ltd. and its workmen to the Central Government Industrial Tribunal under s.10 of the Industrial Disputes Act, 1947. After several adjournments, the Tribunal refused a further adjournment on 9 December 1976 and passed an …
The Supreme Court examined the constitutional validity of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 and its subsequent amendments, which were placed in the Ninth Schedule, and whether the First and Fourth Amendments introducing Articles 31A and 31B violated the basic …
The petitioners, comprising workers and a union, challenged the sale of redundant plants and equipment of the Sindri Fertilizer Factory, alleging procedural irregularities, price manipulation, and violation of their fundamental rights under Articles 19(1)(g) and 14 of the Constitution. They claimed …
The petitioners challenged the admission process of the Regional Engineering College, Srinagar, run by a society registered under the Jammu & Kashmir Societies Registration Act, alleging that the viva voce interview was arbitrary, that 33⅓% of total marks were allocated to it, and that the procedure …
The petitioners, owners of vacant urban land, challenged the Urban Land (Ceiling and Regulation) Act, 1976 on grounds that several provisions violated Articles 14, 19(1)(f) and 31(2) of the Constitution and the basic structure doctrine. The Court examined the artificial definition of "family" in …
The Supreme Court examined the constitutionality of Section 433A of the Code of Criminal Procedure, 1973, which imposes a mandatory minimum of fourteen years’ imprisonment on two categories of life‑sentence convicts – those convicted of offences where death is a possible punishment and those whose …
Shildagouda Ningappa Ghandavar was convicted of murdering a young boy during a land dispute. Both the Sessions Court and the High Court sentenced him to death, providing special reasons. The appellant appealed to the Supreme Court, arguing that the death penalty was excessive. The Court examined the …
The Supreme Court examined disputes between promotee and direct‑recruit judicial officers in Punjab and Haryana over seniority, confirmation and probation. The petitioners argued that the High Court improperly applied a rotation system at confirmation, violating the quota rule and their …
The petitioners, a group of private road‑transport operators, challenged the Uttar Pradesh Government’s approval of a scheme that nationalised certain bus routes in favour of the State Transport Undertaking (STU) under sections 68C and 68D of the Motor Vehicles Act. They argued that the scheme was …
The petitioners, Upper Division Clerks (UDCs) transferred from the Posts & Telegraphs Audit Offices to the Savings Bank Control‑Internal Check Organisation (SBCO‑ICO), challenged the Director‑General’s circulars that limited promotion of UDCs from the Audit Offices to 10 % of Selection‑Grade posts …
The Karnataka Legislature enacted the Tax on Entry of Goods into Local Areas Act, 1979 to replace octroi by levying a tax of up to 2% ad valorem on specified goods (textiles, tobacco, sugar) entering 27 selected local areas. The State notified the areas and rates, and several petitions challenged …
In the 1977 Nagaland Assembly election, N.C. Zeliang was declared elected but the defeated candidate Aju Newmai filed an election petition alleging that Zeliang committed corrupt practices by filing a false expense return and exceeding the permissible election expenditure limit, as well as by …
V.B. Raju, an Indian Civil Service officer who later became a High Court Judge, filed a petition seeking two separate pensions—one for his service as an I.C.S. officer and another for his tenure as a judge—under the High Court Judges (Conditions of Service) Act, 1954. The issues centered on the …
V.B. Raju, an additional judge of the Bombay High Court, was allotted to the newly created Gujarat High Court under section 29(1) of the Bombay Reorganisation Act, 1960. He filed a petition under article 226 seeking the compensatory allowance provided by article 222(2) of the Constitution, …
The dispute concerned a deed of adoption executed by Mansaram in 1944, which the appellant Madan Lal sought to enforce. The trial and district courts dismissed the suit, but the Rajasthan High Court set aside those judgments, holding that Mansaram was not of sound mind when he executed the deed. The …
The Life Insurance Corporation of India (LIC) bought a building at auction and the appellant, Jain Ink Manufacturing Co., was a tenant under the previous owner. LIC served notice under Section 106 of the Transfer of Property Act to terminate the tenancy, but the appellant remained in possession. LIC …
Mangat Rai and another, tenants, deposited all arrears of rent, future rent, interest and costs in the court of a Senior Sub‑Judge under Section 31 of the Punjab Relief of Indebtedness Act, 1934. The landlord sued for eviction under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, …
The State Government of West Bengal issued three notifications under the Land Acquisition Act, 1894, to acquire land belonging to the respondents for what it claimed was a public purpose—first for the expansion of a private company's factory and later for industrial development. The respondents …
Minerva Mills Ltd., a textile company, was nationalized under the Sick Textile Undertakings (Nationalisation) Act, 1974, following an investigation and takeover order under the Industries (Development and Regulation) Act, 1951. The petitioners challenged the constitutional validity of certain …
The petitioners, former municipal employees now serving in gram or nagar panchayats, sought orders directing the Gujarat government to equate their posts with those in the Panchayat Service, fix seniority, pay scales and extend pay‑commission benefits, arguing that the Panchayat Service is a civil …
The Supreme Court examined challenges to the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (as amended in 1977) on the ground that, after the Parliament enacted the Urban Land (Ceiling and Regulation) Act, 1976 under Article 252, the State law became void for being outside …
The Supreme Court examined the constitutional validity of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, which imposes land‑holding ceilings and provides for surplus land surrender, consolidation, and related restrictions. Petitioners challenged various provisions on grounds of …
The Supreme Court examined challenges to the Haryana Ceiling on Land Holdings Act, 1972 and its subsequent amendments, focusing on the artificial definition of "family" and the double standard for fixing land‑holding ceilings under sections 4(1), 4(3), 7, 8, 9 and 11, alleged to breach Article 14. …
The petitioners, raiyats in West Bengal, challenged the constitutionality of Chapter IIB of the West Bengal Land Reforms Act, 1955 as amended in 1971 and 1972, alleging that the ceiling on agricultural holdings, the definition of "family", and related provisions violated Articles 14, 19(1)(f) and …
Ram Ratan, a Forest Guard in Madhya Pradesh, was charged with misconduct and, after a departmental inquiry, was served a second show‑cause notice under Article 311(2) of the Constitution (pre‑1976) and Rule 15(4)(i)(b) of the Madhya Pradesh Civil Services Rules, 1966, proposing a major penalty of …
The case involved a constitutional challenge to the death penalty for murder under Section 302 of the Indian Penal Code and the sentencing procedure under Section 354(3) of the Code of Criminal Procedure, 1973. The Supreme Court, by a 4-1 majority, upheld the constitutionality of both provisions. …
The Supreme Court examined a group of writ petitions challenging the Coal Mines (Nationalisation) Amendment Act, 1976, which terminated existing coal mining leases and barred private persons from carrying out coal mining operations. The petitioners, lessees of coal and composite (coal‑fireclay) …
The Supreme Court considered review petitions filed under Article 32 seeking to overturn its earlier decisions in S.G. Jaisinghani and the two Gupta cases concerning the seniority and quota rules for Income‑Tax Officers (Class I, Grade II). The petitioners argued that the Court had wrongly treated …
The respondents won the auction for a retail liquor vend in March 1967, paid a security deposit and began operations, but failed to pay the first two instalments of the licence fee, leading to cancellation of their licence and a re‑auction of the vend at a much lower price. The respondents filed …
Gurbaksh Singh Sibbia, a former minister, faced allegations of political corruption and applied for anticipatory bail under Section 438 of the CrPC, fearing arrest for non‑bailable offences. The Punjab and Haryana High Court dismissed the applications, imposing a series of restrictive conditions and …
The Supreme Court examined the Uttar Pradesh Krishi Utpadan Mandi Act and its 1965 Rules concerning the declaration of market areas, the constitution of market committees, and the levy of market fees on agricultural produce. Traders challenged the validity of declaring large geographic areas as …
R.R. Engineering Co., a partnership engaged in manufacturing, challenged the "Circumstances and Property Tax" levied by the Zila Parishad of Bareilly and by a Town Area Committee in Kuraoli, arguing that the tax was in substance a tax on income or professions and therefore exceeded the …
The Supreme Court examined whether several provisions of the Andhra Pradesh Recognised Private Educational Institutions Control Act, 1975 infringed the constitutional guarantee of minority institutions under Article 30(1). The appellants, Christian minority schools, challenged sections 3(1), 3(2), 4 …
The case concerned the validity of the Survey of India (Recruitment from Corps of Engineer Officers) Rules, 1950, which gave seniority and promotional advantages to army engineers over civilian recruits. Civilian officers challenged the rules as violative of Articles 14 and 16 of the Constitution, …
The Supreme Court examined five appeals filed by cooperative sugar factories challenging the levy of a sugarcane cess imposed under the Bombay Sugarcane Cess Act, 1948, which had been declared unconstitutional, and the subsequent Sugarcane Cess (Validation) Act, 1961. The appellants argued that the …
The Supreme Court examined the Kerala Building Tax Act, 1975, which imposed a non‑recurring tax on buildings based on a "capital value" calculated as sixteen times the building's annual value. The petitioners challenged the Act on four grounds: (1) it was beyond the State's legislative competence …
The Supreme Court examined the validity of the Uttar Pradesh Sugarcane Purchase Tax Act, 1961, which imposed a tax of Rs.1.25 paise per quintal on sugarcane purchased by factories and 50 paise per quintal on khandsari units. The petitioners argued that the Act was ultra‑vires because sugarcane is a …
The Supreme Court examined the constitutional validity of the Uttar Pradesh High Court (Abolition of Letters Patent Appeals) Act, 1962 and its 1972 amendment, holding that neither statute is unconstitutional. Relying on precedents such as State of Bombay v. Narothamdas, Union of India v. Mahindra …
The petitioners, who were engineers and other staff employed for the Beas Project, challenged orders of retrenchment, claiming they were employees of the Central Government, governed by the Central Civil Services (Temporary Service) Rules, 1965, and entitled to quasi‑permanent status and transfer to …
The appellants, Mathadhipatis of several Mutts in South Kanara, challenged notices demanding contributions under the Madras Hindu Religious and Charitable Endowments Act, 1951 after the district was transferred to Mysore (Karnataka) by the States Reorganisation Act, 1956. They argued that the Mysore …
The landlady sought eviction of her tenant under the Tamil Nadu Building (Lease and Rent Control) Act on the ground of personal necessity. The Rent Controller dismissed the application; the appellate court held that personal necessity existed but required a notice to quit under Section 106 of the …
The case concerned 51 engineers appointed by interview (UPSC) to the Ministry of Shipping & Transport (Roads Wing) who claimed they were regular cadre officers, while officers appointed by competitive examination argued that the interview appointees were ex‑cadre and should not enjoy seniority or …
Krishna Kumar was appointed as a Train Lighting Inspector by the Chief Electrical Engineer on 11 July 1974. He was removed from service on 31 August 1976 by the Divisional Assistant Electrical Engineer, who was subordinate to the Chief Electrical Engineer. Kumar challenged the removal in a writ …
