YOGESHWAR DAYAL

The petitioner, Additional Sessions Judge K.P. Tiwari, granted temporary and permanent bail to five accused persons despite having rejected their bail applications on merit. The High Court cancelled the bail orders and, in its judgment, alleged that the judge was "interested" and had been "won over" by the accused, att…

The Andhra Pradesh Entertainment Tax Officer appealed against a High Court order that struck down the retrospective operation of the Andhra Pradesh Entertainment Tax (Amendment) Act, 1985, which re‑imposed tax on the basis of gross collection capacity for the period 7 September 1984 to 24 October 1984. The State had, t…

The appellants challenged the liability to pay stamp duty on a consent decree that transferred title to immovable property. The issue was whether such a decree qualifies as a "conveyance" under section 2(g) or an "instrument" under section 2(1) of the Bombay Stamps Act, 1958. The High Court’s single judge held it did n…

The petitioners challenged the validity of the Central Government's notification dated 24 February 1983 declaring seeds of food‑crops, fruits and vegetables as essential commodities under the Essential Commodities Act, 1955, and the consequent Seeds (Control) Order, 1983 which required licences for dealing in such seed…

The Employees' State Insurance Corporation demanded contributions from several hotels for the period 1970‑1978, treating the hotels as factories under the Employees' State Insurance Act, 1948 because cooking in their kitchens was a manufacturing process. The hotels contended that only the kitchen should be deemed a fac…

The plaintiff (borrower) sued the suppliers, lenders and guarantor over a power‑plant project, invoking credit agreements that contained arbitration clauses. The lenders, particularly Svenska Handelsbanken (defendant No. 4), instructed their counsel not to appear or take any step in the main suit, limiting a power of a…

Rani Devi, the landlady, filed a suit under section 21 of the U.P. Urban Building (Regulation of letting, rent and eviction) Act, 1972 seeking eviction of the occupants, Bhole Nath and others, on the ground of a bona‑fide requirement to start a business for her son. The original tenant, Lalu, died in 1965 and his heirs…

The landlord filed an eviction application under Section 14(1)(b) of the Delhi Rent Control Act, alleging that the tenant, Guizar Singh, had sublet the premises to his brother Avtar Singh. The Rent Controller and the Rent Control Tribunal relied on an affidavit filed by Avtar Singh before the Income Tax authorities, in…

The Supreme Court examined disputes arising from the Kerala Abkari Shops (Disposal in Auction) Rules, 1974, where licensees of arrack shops claimed the State was contractually obliged to supply additional quantities of liquor beyond the statutorily mandated monthly quota. The Court held that the monthly quota is obliga…

The assessee concealed income of minor children and the Income‑Tax Officer referred the case to the Inspecting Assistant Commissioner (IAC) under Section 274(2) of the Income‑Tax Act because the minimum penalty exceeded Rs 1,000. The reference was made before the amendment of Section 274(2) which, from 1 April 1971, re…

The Action Committee on Issue of Caste Certificate filed a writ petition under Article 32 challenging Maharashtra's denial of Scheduled Caste and Scheduled Tribe benefits to persons who had migrated from other states. The petition argued that the denial violated Articles 14, 15(1), 16(2), 19 and the spirit of Articles …

The Tamil Nadu Government transferred employees from the Dairy Development Department to the Dairy Development Corporation on deputation/foreign service, later replacing the corporation with a cooperative federation. The employees challenged GO 1921 (1993), which provided terminal benefits on permanent absorption into …

The appellant filed a complaint before the Chief Judicial Magistrate alleging that his brother‑in‑law, Darshan Singh, had contracted a second marriage while his first marriage to Jagjit Kaur was still subsisting, thereby committing bigamy under IPC s.494 and abetment under s.109. The magistrate, after recording stateme…

Sun Engineering Works filed loss returns for assessment years 1960-61 and 1961-62 after the statutory time limit; the Income Tax Officer treated the returns as "no demand" and did not allow the losses. The assessee later disclosed Hundi loans, which the Officer treated as escaped income and, under sections 147 and 148,…

The Government of Orissa issued a resolution on 15 December 1986 revising the eligibility criteria for promotion to Deputy Director of Homeopathy, eliminating the requirement of a recognised qualification under the Homeopathy Central Council Act and excluding college lecturers from consideration, limiting eligibility t…

The plaintiff (borrower) entered into contracts with suppliers for a 108 MW captive power plant and with a consortium of banks, including Svenska Handelsbanken, for financing. The plant was later found to have a capacity of only 60 MW, leading the plaintiff to allege fraud by the suppliers and the lender and to seek a …

The North Eastern Railway (NER) applied for registration under the U.P. Sales Tax Act, 1948 through its Chief Commercial Superintendent, declaring Gorakhpur as its principal place of business. The Sales Tax Officer in Gorakhpur accepted the registration and later issued assessment orders based on a return filed by the …

Dr. N. Singh, a biochemist attached to Rajendra Medical College, applied for registration as a teacher candidate for the M.D. (General Medicine) examination. The University and the High Court held that he was not a teacher and had not completed the requisite three years of training, including housemanship, and conseque…

The petitioners, members of the teaching staff, sought a writ of quo warranto to remove the principal of a private aided school on the ground that he lacked the essential academic qualification of a II division Master's degree, possessing only a third‑class M.A. but an II division M.Ed. The High Court dismissed the pet…

The case concerned whether employees holding the post of Superintendent in the Punjab Labour Department, whose pay‑scale (Rs.350‑450) is higher than that of a Labour Inspector (Rs.200‑450), could be promoted to the Inspector post under Rule 8(1)(a)(i) of the Punjab Labour Department (State Service Class‑III) Rules, 196…

The landlord leased a premises in Chandigarh to the tenant for residential use, but the tenant's husband, a lawyer, set up a small office in part of the premises. The landlord sought eviction under section 13(2)(ii)(b) of the East Punjab Urban Rent Restriction Act, alleging a change of user without written consent. The…

Marn Ram, a large landowner, had 61 acres and 9 units of land partitioned among his sons. Under the Punjab Security of Land Tenures Act, 1953, 9 acres and 3¾ units were declared surplus in 1961 and the order became final in 1962. The Haryana Ceiling on Land Holdings Act, 1972, Section 12(3) deemed such surplus land ves…

This landmark judgment concerns the scope of Article 356 of the Constitution of India, which empowers the President to impose President's Rule in states upon failure of constitutional machinery. The case consolidated challenges to proclamations dissolving legislative assemblies in Karnataka, Meghalaya, Nagaland, Madhya…

Express Newspaper Ltd. claimed large losses in its returns for AY 1985-86, which the Assessing Officer rejected as fabricated and assessed a huge income. While the appeal against this assessment was pending, the company filed an application under Section 245‑C of the Income‑Tax Act seeking settlement for four assessmen…

The plaintiffs, originally appointed as Lecturers in a private college that was later taken over by the Haryana Government, claimed they had been promoted to Senior Lecturers under the UGC scheme and that the Government’s regularisation of them as Lecturers amounted to a demotion. The Court examined the statutory order…

The appellants, Oswal Agro Mills Ltd. and another, paid 50% of the assessed excise duty and furnished bank guarantees for the remaining 50% under interim Supreme Court orders. After the Supreme Court allowed their appeal on the classification of toilet soap, the appellants sought a refund of the duty and the bank guara…

R.R. Bhanot entered the service of the erstwhile State of Punjab in 1937. After the Punjab Reorganisation Act, 1966, he was provisionally allocated to Himachal Pradesh from 1 November 1966, but he contested this allocation. Himachal Pradesh prematurely retired him in 1968; the Himachal Bench of the Delhi High Court qua…

Wellman (India) Pvt. Ltd. entered into a settlement with its workers' union in 1966 that created an attendance bonus scheme, which became an express term of the employment contract. The company sought a declaration from the Employees' Insurance Court that the Employees' State Insurance Corporation (ESIC) could not dema…