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Supreme Court of India

Judgments of 2003

750 judgments, newest first — showing 1–200.

RAMANAND YADA VversusPRABHU NATH JHA AND ORS.

2003 INSC 58931 October 2003Appeal(s) allowed

The case concerns the murder of Thakkan Yadav on 16 June 1991, for which eight accused were convicted by a trial court under IPC sections 302 and 149, the Arms Act and the Explosive Substances Act. The Patna High Court acquitted all eight, relying on alleged procedural lapses such as the victim’s transport to a distant

BABU LAL AND ORS.versusSTATE OF MADHYA PRADESH

2003 INSC 59031 October 2003Dismissed

The Supreme Court examined the appeal of seven accused whose convictions for offences under Sections 147, 148, 149 and 302 of the IPC were upheld by the Madhya Pradesh High Court. The Court clarified that a statement made by a deceased person before death can be treated as a dying declaration under Section 32 of the Ev

PONDICHERRY KHADI AND VILLAGE INDUSTRIES BOARDversusP. KULOTHANGAN AND ANR.

2003 INSC 59131 October 2003Appeal(s) allowed

The respondent, a temporary instructor, was absent from work and later denied re‑employment by the appellant. He filed a writ petition in the Madras High Court seeking reinstatement and regularisation, which was dismissed along with his appeal. Subsequently, he raised an industrial dispute before the Labour Court, whic

S.R. RADHAKRISHNAN AND ORS.versusNEELAMEGAM

2003 INSC 35931 July 2003Dismissed

The appellant, S.R. Radhakrishnan, leased a premises for a year, erected a roof and other structures, and later transferred possession and his printing business to his two younger brothers, executing a release deed in their favour. The property was subsequently purchased by the respondent, Neelamegam, who served notice

STATE OF RAJASTHANversusBHAWANI AND ANR.

2003 INSC 35531 July 2003Appeal(s) allowed

The State of Rajasthan prosecuted Bhawani, Hari Singh and others for murder, grievous hurt and unlawful assembly after they allegedly fired firearms into a village Nohara, killing two persons and injuring several others. The trial court convicted the accused based on the testimony of eleven eye‑witnesses, five of whom

SMT. KESAR DEVIversusUNION OF INDIA AND ORS.

2003 INSC 35631 July 2003Dismissed

The appellant, Kesar Devi, wife of a smuggler detained under COFEPOSA, challenged the forfeiture of three properties under SAFEMA, arguing that the notice under Section 6(1) failed to show a nexus between the properties and the illicit proceeds of her husband and that she could also contest the COFEPOSA detention order

THE DIVISIONAL CONTROLLER, KSRTCversusMAHADEVA SHETTY AND ANR.

2003 INSC 35731 July 2003Appeal(s) allowed

Mahadeva Shetty, a mason, suffered 100% disability after a bus owned by the Karnataka State Road Transport Corporation (KSRTC) plunged into a ravine. He claimed compensation under Section 166 of the Motor Vehicles Act, 1988 and the Tribunal awarded Rs.2.20 lakhs. The Karnataka High Court enhanced the award to Rs.6.25 l

MADAN MOHAN RAJGARHIAversusM/S. MAHENDRA R. SHAH & BROS. AND ANR.

2003 INSC 34931 July 2003Dismissed

Madan Mohan Rajgarhia, a non‑member trader, sued M/s Mahendra R. Shah & Bros., a broker and member of the Bombay Stock Exchange, for recovery of Rs.5,63,334. The respondents invoked Section 34 of the Arbitration Act, 1940, seeking a stay on the ground that the dispute fell within the arbitration clause printed on the e

STATE OF U.P.versusALLIED CONSTRUCTIONS

2003 INSC 35031 July 2003Disposed off

The State of Uttar Pradesh contracted Allied Constructions to build a bridge-cum-fall, but a flood in August 1991 damaged the partially completed work. Allied claimed loss and obtained an arbitral award of Rs.12,55,365 with interest. The State contended that Clause 47 of the contract, a force‑majeure provision covering

HON'BLE SHRI RANGANATH MISHRAversusUNION OF INDIA AND ORS.

2003 INSC 35131 July 2003Disposed off

The petitioner, a former Supreme Court judge, wrote a letter to the Chief Justice seeking directions for the State to educate citizens about their fundamental duties, and the letter was treated as a writ petition under Article 32. The Court appointed Shri K. Parasaran as amicus curiae and considered the recommendations

STATE OF ORISSAversusLOCHAN NAYAK (DEAD) BY LRS.

2003 INSC 35231 July 2003Appeal(s) allowed

The respondents were originally allotted land under the Orissa Land Reforms Act, 1960, but the allotment was cancelled by the Divisional Commissioner in 1984 on procedural grounds. The respondents challenged this cancellation in the Orissa High Court in 1986, which remanded the matter for fresh consideration; the reven

STATE OF ORISSAversusNITYANAND SATPATHY AND ORS.

2003 INSC 35331 July 2003Appeal(s) allowed

The State of Orissa challenged the validity of a settlement made in 1964 by the Deputy Collector in favour of the sons of the late intermediary Manindra Chandra Sinha over a tract of non‑agricultural (Anabadi) land in Badagaon, Puri. The land had vested in the State under the Orissa Estates Abolition Act, 1953, and the

DIPAK CHANDRA RUHIDASversusCHANDAN KUMAR SARKAR

2003 INSC 35431 July 2003Dismissed

The appellant, Dipak Chandra Ruhidas, challenged the election of Chandan Kumar Sarkar to the Assam Legislative Assembly on the ground that Sarkar's nomination was improperly accepted despite not being a Scheduled Caste member. The Gauhati High Court dismissed the election petition under Section 86(1) of the Representat

SUCHA SINGH AND ANR.versusSTATE OF PUNJAB

2002 INSC 31631 July 2002Dismissed

The Supreme Court upheld the conviction of Sucha Singh and five co‑accused for murder under Section 302 read with Section 34 IPC and for abetment of suicide under Section 201 IPC. The Court examined whether the relationship of prosecution witnesses to the deceased affected their credibility, and held that a familial re

MOHD. ASLAM @ BHUREversusUNION OF INDIA AND ORS.

2003 INSC 19431 March 2003Disposed off

The Supreme Court heard a public‑interest writ petition filed by Mohd. Aslam seeking that the 67.703 acres of land acquired under the Acquisition of Certain Area at Ayodhya Act, 1993 be preserved in its present condition until pending title suits before the Allahabad High Court are decided. The petitioners argued that

S.M. NILAJKAR AND ORS.versusTELECOM DISTRICT MANAGER, KARNATAKA

2003 INSC 19531 March 2003Appeal(s) allowed

The petitioners, a group of casual workmen employed by the Telecom Department for a temporary cable‑laying project, were terminated when the project ended in 1986‑87. They sought reinstatement, continuity of service and back wages, arguing that their termination fell under sub‑clause (bb) of Section 2(oo) of the Indust

T. LAKSHMIPATHI AND ORS.versusP. NITHYANANDA REDDY AND ORS.

2003 INSC 19631 March 2003Dismissed

The Supreme Court examined an eviction suit under the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960 where the landlord, a co‑owner of a disputed property, sought possession of premises occupied by tenants who had transferred possession to third parties that had bought only part of the co‑owners' shares. The

M/S. POLYGAS ACRYLIC MFG. CO. LTD.versusCOMMISSIONER OF CUSTOMS, VISHAKHAPATNAM

2003 INSC 19731 March 2003Appeal(s) allowed

Mis. Polygas Acrylic Mfg. Co. Ltd. imported Methyl Methacrylate Monomer (MMM) described in the invoice as "regenerated second grade". The Customs Department rejected this description, issued a show‑cause notice alleging misdeclaration and claimed the goods were of prime quality, leading to provisional clearance on a lo

D.S. PARVATHAMMAversusA. SRINIVASAN

2003 INSC 19831 March 2003Dismissed

The appellant, D.S. Parvathamma, claimed that an agreement to purchase the suit premises made in 1970 had placed her in possession as a prospective vendor and sought protection of that possession under Section 53A of the Transfer of Property Act, 1882. The respondent, A. Srinivasan, a subsequent bona‑fide transferee wh

AMAR SINGHversusBALWINDER SINGH AND ORS.

2003 INSC 5231 January 2003Appeal(s) allowed

The case arose from a shooting incident in which the complainant Amar Singh and his family were injured and his son Lakha Singh died. The trial court convicted Balwinder Singh and three others under Sections 302, 34 and 307 IPC based largely on the testimony of three injured eye‑witnesses and medical evidence. The Punj

COLLECTOR OF CUSTOMS, BOMBAYversusM/S. ELEPHANTA OIL AND INDUSTRIES LTD., BOMBAY

2003 INSC 5331 January 2003Appeal(s) allowed

The Collector of Customs imposed a penalty on M/s Elephant Oil and Industries Ltd. for importing beef tallow, which was deemed a canalised item under the Import Policy. The importer argued that the Open General Licence (OGL) permitted the import and that the penalty was unwarranted after the goods were ordered to be re

HARIKRISHNA LALversusBABU LAL MARANDI

2003 INSC 58530 October 2003Dismissed

Harikrishna Lal and Babu Lal Marandi contested the 2001 Jharkhand Legislative Assembly election from Ramgarh. The respondent's nomination paper listed his name as "Babu Lal Marandi" while the electoral roll showed "Babu Marandi", omitting the middle name "Lal". No objection was raised at the scrutiny stage and the retu

KISHOREBHAI KHAMANCHAND GOYALversusSTATE OF GUJARAT AND ANR.

2003 INSC 58430 October 2003Dismissed

Kishorebhai Khamanchand Goyal, a motor‑transport operator, was convicted under the Bombay Shops and Establishments Act, 1948 and challenged the conviction on the ground that the later Motor Transport Workers Act, 1961 (specifically s.37) had by necessary implication repealed the State Act. The Supreme Court examined th

DR. MRS. RENUKA DATLAversusSOLVAY PHARMACEUTICAL B.V. AND ORS.

2003 INSC 58330 October 2003Disposed off

The petitioners, shareholders of two pharmaceutical companies, filed three suits seeking to restrain the transfer of their 4.91% shareholdings and obtained interim injunctions, which were later vacated by the trial and High Courts. The parties subsequently entered into a written settlement whereby the respondents would

ORIENTAL INSURANCE CO. LTD.versusT.S. SASTRY

2003 INSC 58630 October 2003Dismissed

The respondent, an Inspector Grade I, was placed on a waiting list for promotion to Assistant Administrative Officer (Development) after a panel of eight names was prepared. During the panel's validity, two new posts were created, and the respondent claimed promotion, but the insurer filled the vacancies by transferrin

APANGSHU MOHAN LODH AND ORS.versusSTATE OF TRIPURA AND ORS.

2003 INSC 58730 October 2003Dismissed

The appellants, practising advocates, were appointed as part‑time lecturers in a medical college in Tripura on a fixed contractual pay. They filed a writ petition under Article 226 seeking proportionate equal pay for equal work, i.e., the minimum pay scale of regular assistant professors. A single judge of the Gauhati

REGU MAHESH @ REGU MAHESWAR RAOversusRAJENDRA PRATAP BHANJ DEV AND ANR.

2003 INSC 58830 October 2003Dismissed

The appellant Regu Mahesh filed an election petition challenging the election of Rajendra Pratap Bhanj Dev from the Saluru (ST) constituency on the ground that the respondent did not belong to a Scheduled Tribe. The Andhra Pradesh High Court dismissed the petition, holding that it lacked proper verification, did not co

UNION OF INDIA AND ORS.versusRAJESH P.U. PUTHUVALNIKATHU AND ANR.

2003 INSC 34330 July 2003Dismissed

The Central Bureau of Investigation (CBI) conducted a recruitment process for constables, selecting several candidates including the respondents. Unsuccessful candidates challenged the selections, leading the CBI Director to form a Committee that identified valuation discrepancies in answer sheets and recommended cance

PRATIBHA NEMA AND ORS.versusSTATE OF M.P. AND ORS.

2003 INSC 34430 July 2003Dismissed

The State of Madhya Pradesh, acting on an industrial policy, notified the acquisition of 73.3 hectares of private land for the establishment of a "diamond park" and later issued a declaration under Section 6 of the Land Acquisition Act. The land was to be allotted to private companies, notably B. Arun Kumar Internation

SANKAR RAM AND CO.versusKASI NAICKER AND ORS.

2003 INSC 34630 July 2003Appeal(s) allowed

Shankar Ram & Co. purchased 249 shares of Rajapalayam Mills from the bank on 24‑08‑1978, paying Rs.25,155.40, without knowledge that the shareholder, Kasi Naicker, had filed an insolvency petition in 1976. The petition was dismissed in 1977, but an order of adjudication was finally passed on 17‑10‑1978. The appellant f

HYTHRO POWER CORPORATION LTD.versusDELHI TRANSCO LTD.

2003 INSC 34730 July 2003Appeal(s) allowed

Hythro Power Corporation Ltd. sought to refer its dispute with Delhi Transco Ltd. to arbitration under an arbitration clause contained in a Notice Inviting Tender (NIT). The Single Judge of the Delhi High Court, acting as the nominee of the Chief Justice under Section 11 of the Arbitration and Conciliation Act, 1996, r

JAVED AND ORS.versusSTATE OF HARYANA AND ORS.

2003 INSC 34230 July 2003Dismissed

The petitioners were disqualified from contesting or holding Panchayat offices under Sections 175(1)(q) and 177(1) of the Haryana Panchayati Raj Act, 1994 because they had more than two living children. They challenged the provisions as arbitrary, discriminatory and violative of Articles 14, 21 and 25 of the Constituti

DAVID JUDEversusHANNAH GRACE JUDE AND ORS.

2003 INSC 34830 July 2003Disposed off

The husband filed a contempt petition against his wife and her mother for violating an unconditional undertaking given to the Supreme Court that the child would be brought back to India and that they would appear before the Family Court when required. Despite multiple notices and adjournments, the wife remained absent

KARNATAKA WAKF BOARDversusSTATE OF KARNATAKA AND ANR.

2003 INSC 26630 April 2003Dismissed

The Karnataka Wakf Board challenged two suits filed in 1981 by the State's Education and Agriculture Departments seeking declaration of title over properties that had been notified as Wakf. The Board argued that the suits were barred by the one‑year limitation prescribed in Section 6 of the Wakf Act, 1954. The Supreme

COMMISSIONER OF CENTRAL EXCISE, CALCUTTAversusM/S. SHARMA CHEMICAL WORKS

2003 INSC 26730 April 2003Dismissed

The case concerned the classification of "Banphool Oil" under the Central Excise Tariff Act, 1985. The Revenue argued that the product was a perfumed hair oil (Tariff Item 3305.10) or a toilet preparation, while the assessee contended it was an Ayurvedic medicament (Tariff Item 3003.30). The Customs, Excise and Gold (C

COMMISSIONER OF CENTRAL EXCISE, CALCUTTA-IVversusM/S. PANDIT D.P. SHARMA

2003 INSC 26830 April 2003Dismissed

M/s Pandit D.P. Sharma, the manufacturer of "Himtaj oil", classified the product as an Ayurvedic medicine under tariff sub‑heading 3003.30 of the Central Excise and Salt Act, 1944. The Revenue issued a show‑cause notice seeking re‑classification as a perfumed hair oil under sub‑heading 3305.10, and the Assistant Collec

V.P. PITHUPITCHAI AND ANR.versusTHE SPECIAL SECRETARY TO THE GOVT. OF TAMIL NADU

2003 INSC 26930 April 2003Appeal(s) allowed

The appellants, who collected and sold seashells from the Tamil Nadu coast, were directed by the State Government to obtain mining leases and pay royalty on the basis that seashells were classified as "lime shell", a major mineral under the Mines and Minerals (Regulation and Development) Act, 1957. The appellants chall

THE STATE OF HIMACHAL PRADESH AND ORS.versusYASH PAL GARG (DEAD) BY LRS. AND ORS.

2003 INSC 27030 April 2003Appeal(s) allowed

The State of Himachal Pradesh enacted the Himachal Pradesh Taxation (On Certain Goods Carried by Road) Act, 1976 to levy a tax on goods transported by road. The Himachal Pradesh High Court declared the Act unconstitutional as a restriction on inter‑state trade under Article 301 and for lacking presidential assent under

CENTRAL BUREAU OF INVESTIGATIONversusASHIQ HUSSAIN FAKTOO AND ORS.

2003 INSC 4930 January 2003Appeal(s) allowed

The Central Bureau of Investigation appealed against the acquittal of three accused who were charged under Section 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and Sections 302 and 120B of the Indian Penal Code for the kidnapping and murder of H.N. Wanchoo. The only evidence was their confessiona

DHANANJAYversusCHIEF EXECUTIVE OFFICER, ZILLA PARISHAD, JALNA

2003 INSC 5030 January 2003Dismissed

The appellant, a temporary employee of Zilla Parishad, Jalna, was suspended on 1 July 1987 for alleged defalcation and an inquiry was ordered. A government order dated 24 November 1987 permitted termination of a temporary servant within a year without notice, inquiry, or suspension, and the respondent terminated the ap

BHARATversusSTATE OF M.P.

2003 INSC 5130 January 2003Appeal(s) allowed

The appellant was convicted of murder (Sec. 302 IPC) and robbery (Sec. 394 IPC) on the basis of two circumstantial facts: he was the last person seen with the deceased Phullobai and silver ornaments allegedly stolen from her were recovered from his house. The Supreme Court held that the ornaments were not properly iden

RATANSINH DALSUKHHAI NAYAKversusSTATE OF GUJARAT

2003 INSC 57329 October 2003Dismissed

The appellant was convicted of murder under Section 302 IPC based primarily on the testimony of a ten‑year‑old child who witnessed the crime. The appellant challenged the conviction, arguing that a child’s evidence must be unblemished and corroborated, and that the child was likely tutored by a close relative. The Supr

PREM SAGARversusDHARAMBIR AND ORS .

2003 INSC 57429 October 2003Case Partly allowed

The case involved three accused—Dharambir, Joginder and Karambir—who were convicted for the murders of Dalbir, Vijender and Smt. Kitabo under Sections 302, 34 and 120‑B of the IPC. The trial court sentenced Dharambir and Joginder to death and Karambir to life imprisonment; the High Court commuted the death sentences to

STATE OF PUNJABversusDARSHAN SINGH

2003 INSC 57529 October 2003Case Partly allowed

The respondent, a former senior compositor, was removed from service in 1977 and later reappointed as a junior compositor on a temporary basis. He filed a declaratory suit challenging the removal and seeking pay adjustments, which was dismissed by the trial court. The First Appellate Court reversed the dismissal and, b

THE STATE OF GOA AND ANR.versusM/S. COLFAX LABORATORIES.LTD. AND ANR.

2003 INSC 57629 October 2003Case Partly allowed

Colfax Laboratories manufactured after‑shave lotions (ASL) under a licence for cosmetics. In 1985 it sought re‑classification of the product as a "medicinal preparation" to obtain a lower excise duty; the Excise Commissioner classified it as medicinal, a decision later challenged. The State issued notices demanding bal

THE GOVERNMENT OF TAMIL NADU AND ORS.versusM. ANANCHU ASARI AND ORS.

2003 INSC 57829 October 2003Disposed off

The case concerned employees of the Tamil Nadu State Transport Department who were deputed to newly formed Transport Corporations and later permanently absorbed. The State Government fixed 1 May 1975 as the cut‑off date for determining pension eligibility, but the Madras High Court held this date arbitrary and ordered

UNION OF INDIAversusAHMEDABAD ELECTRICITY CO. LTD. AND ORS.

2003 INSC 57929 October 2003Dismissed

The Court examined whether cinder, the unburnt portion of coal left after its use as fuel in factories, is liable to excise duty under Entry 26.21 of the Central Excise Tariff Act, 1985. It held that cinder is not a product of manufacture because coal is used only as fuel and no transformation creates a new substance;

STATE OF U.P.versusRAM BAHADUR SINGH AND ORS.

2003 INSC 58029 October 2003Dismissed

The case arose from a property dispute that culminated in a shooting on 6 December 1974, resulting in the death of Onkar Nath Singh. The trial court convicted four accused under IPC 302, with three also charged under section 34. On appeal, the Allahabad High Court acquitted the accused, finding serious infirmities: eye

STATE BANK OF INDIAversusRAM DAS AND ANR.

2003 INSC 58129 October 2003Dismissed

The State Bank of India entered into a construction contract with a contractor that contained an arbitration clause. An umpire awarded Rs. 15.85 lakh to the contractor in 1984, then filed the award himself in the Hyderabad Civil Court and engaged a lawyer to conduct the proceedings, making the award a rule of court. Th

BABU PARASU KAIKADI (DEAD) BY LRS.versusBABU (DEAD) THROUGH LRS.

2003 INSC 57229 October 2003Appeal(s) allowed

The appellant, a tenant of agricultural land since 1948‑49, was dispossessed by the landlord in 1956 without complying with the procedure prescribed under the Bombay Tenancy and Agricultural Lands Act, 1948. The tenant later sought restoration of possession under Section 32(1B) of the Act, but the High Court dismissed

STATE OF PUNJABversusJOGINDER SINGH AND ANR.

2003 INSC 58229 October 2003Disposed off

The State of Punjab appealed the High Court's acquittal of Joginder Singh and Nachhattar Singh for the death of Makhan Singh. The incident occurred on 20 April 1992 when Joginder Singh demanded Rs.100 from Makhan, who could not pay, and subsequently pressed his neck, causing death, as confirmed by a post‑mortem showing

BHARAT COKING COAL LTD.versusM/S. ANNAPURNA CONSTRUCTIONS

2003 INSC 43529 August 2003Case Partly allowed

The parties entered into a contract for constructing 140 temporary hutments which contained an arbitration clause. After delays, the arbitrator awarded the contractor a sum with 18% interest, but the subordinate court, in making the award a rule of court, did not grant interest under Section 29 of the Arbitration Act,

CCI CHAMBERS CO-OP. HSG. SOCIETY LTD.versusDEVELOPMENT CREDIT BANK LTD.

2003 INSC 43629 August 2003Appeal(s) allowed

The appellant, a co‑operative housing society, maintained a savings account with the respondent bank and alleged that the bank dishonestly honored forged cheques, debiting Rs 75,70,352. A complaint was filed before the National Consumer Disputes Redressal Commission (NCDRC) under the Consumer Protection Act, 1986. The

STATE OF ORISSA AND ORS.versusRAJENDRA KUMAR DAS AND ANR.

2003 INSC 43729 August 2003Appeal(s) allowed

The petitioners were appointed as "Peon" in aided educational institutions governed by the Orissa Education Act, 1969 and the 1974 recruitment rules, but the State refused to approve their appointments, claiming they exceeded the prescribed yardstick. The petitioners filed writ petitions seeking approval, and the Oriss

SANABOINA SATYANARAYANAversusGOVERNMENT OF ANDHRA PRADESH AND ORS.

2003 INSC 34129 July 2003Dismissed

Sanaboina Satyanarayana, convicted of murder (Sec. 302 IPC), dowry harassment (Sec. 498A IPC) and tampering with evidence (Sec. 201 IPC), sought remission of his life sentence under a Government Order dated 25‑01‑2000 issued under Article 161 of the Constitution. The Order excluded "prisoners convicted for crimes again

MANAGEMENT OF THE GOODWILL GIRLS HIGH SCHOOL AND ANR.versusSMT. J. MARY SUSHEELA AND ORS.

2003 INSC 26529 April 2003Case Partly allowed

Smt. J. Mary Susheela, a teacher, filed a suit seeking a mandatory injunction to be assigned teaching work as per an alleged appointment. The trial court framed six issues but decided only the first, finding she was not entitled to the injunction and dismissed the suit. The Karnataka High Court on appeal expanded the s

BHARAT LAL BARANWALversusVIRENDRA KUMAR AGARWAL

2003 INSC 4529 January 2003Appeal(s) allowed

The landlord's father let three rooms to the tenant in 1970 for the business of selling copies and books. The tenant later began manufacturing copies, registers, and sweet‑meat boxes in 1976 and installed a printing machine in 1982 without obtaining the landlord's written consent. The landlord filed an eviction suit un

PUBLIC SERVICES TRIBUNAL BAR ASSOCIATIONversusSTATE OF U.P. AND ANR

2003 INSC 4629 January 2003Dismissed

The Supreme Court dismissed three civil appeals filed by the Public Services Tribunal Bar Association challenging the constitutional validity of the Uttar Pradesh Public Services (Tribunal) Act, 1976 as amended by Act No. 5 of 2000. The Court held that the State Legislature had competence under Entry 41 of List II to e

STATE OF GUJARAT AND ORS.versusSAURASHTRA CEMENT AND CHEMICAL INDUSTRIES

2003 INSC 4729 January 2003Appeal(s) allowed

Saurashtra Cement and Chemical Industries set up a new kiln in a new building on the same premises, using existing crushers, cranes, and other plant, and applied for exemption from electricity duty under the Bombay Electricity Duty Act, 1958. The statutory authority rejected the application, but the Gujarat High Court

ROURKELA SHRAMIK SANGHversusSTEEL AUTHORITY OF INDIA LTD. AND ANR.

2003 INSC 4329 January 2003Dismissed

The workmen of Rourkela Steel Plant, represented by Rourkela Shramik Sangh, sought regularisation of their services through a writ petition, invoking the Supreme Court's earlier directions that disputes on identification of eligible workmen be referred to the Chief Labour Commissioner (CLC). The CLC, acting under those

DAYAL SINGH AND ORS.versusUNION OF INDIA AND ORS.

2003 INSC 4429 January 2003Dismissed

The appellants' lands were requisitioned and later acquired for a military cantonment under the Defence of India Act and the Requisitioning and Acquisition of Immovable Property Act, 1952. They entered into compensation agreements under the 1952 Act, but later sought higher compensation, solatium and interest based on

DIRECTOR GENERAL R.P.F. AND ORS.versusCH. SAI BABU

2003 INSC 4829 January 2003Disposed off

The respondent, a member of the Railway Protection Force, was charged under Rule 153 of the RPF Rules, 1987 for five counts of misconduct. An enquiry found all charges proved and the disciplinary authority removed him from service. The respondent challenged the removal in the appellate and revisional authorities withou

BRIJ BEHARI SAHAI (DEAD) THROUGH LRS. ETC. ETC.versusSTATE OF UTTAR PRADESH

2003 INSC 67928 November 2003Appeal(s) allowed

The State of Uttar Pradesh sought acquisition of lands that had been held by the heirs of Rana family under a perpetual lease and for which ground rent was periodically payable. The claimants, represented by the estate of B.B. Saha, argued that they were entitled to compensation as lessees, while the State contended th

SURENDRA PASWANversusSTATE OF JHARKHAND

2003 INSC 68028 November 2003Dismissed

The appellant was convicted of murder under Sections 302 and 34 IPC for shooting the deceased, based primarily on the testimony of three eyewitnesses. The defence argued that the prosecution failed to explain the minor injuries on the accused, did not submit the recovered bullet for chemical/ballistic examination, and

M.P.A.L.T. PERMIT OWNERS ASSN. AND ANR.versusSTATE OF MADHYA PRADESH

2003 INSC 68128 November 2003Appeal(s) allowed

The Madhya Pradesh Motor Vehicle Taxation Act, 1991 (as amended in 1999) inserted sections permitting confiscation of a vehicle for non‑payment of tax, linking the power to offences under the Motor Vehicles Act, 1988 (Section 66 read with Section 192‑A). Petitioners challenged these provisions as repugnant to the centr

KRISHI UTPADAN MANDI SAMITI AND ORS.versusPILLIBHIT PANTNAGAR BEEJ LTD. AND ANR.

2003 INSC 67828 November 2003Dismissed

The appellant Market Committee sought to levy market fees under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam on Pillibhit Pantnagar BeeJ Ltd., which deals in the purchase, processing and sale of certified wheat seeds. The respondents argued that wheat seed is not listed in the Schedule of the Act and therefore is n

M/S. SUN BEVERAGES (P) LTD.versusTHE STATE OF UTTAR PRADESH AND ORS.

2003 INSC 68428 November 2003Appeal(s) allowed

The appellant, Mis. Sun Beverages Ltd., set up a pioneer industrial unit in a zero‑industrial area of Uttar Pradesh and was registered as a Medium Scale Industry with the Director General of Technical Development (DGTD). It received a cash subsidy of Rs.15 lacs under the State's Capital Grant Scheme. After the Governme

SARVA SHRAMIK SANGHversusMIS. INDIAN SMELTING AND REFINING CO. LTD. AND ORS.

2003 INSC 56928 October 2003Dismissed

The appellants, a workers' union, challenged a complaint filed under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, arguing that the employer‑employee relationship with the principal employer was disputed and should be decided under the Industrial Disputes Act, 1947. Th

UNION OF INDIAversusMADHUSUDAN PRASAD

2003 INSC 57028 October 2003Dismissed

Madhusudan Prasad, a Safai Karamchari of the CRPF, failed to report for duty after his leave expired, was treated as a deserter, arrested and sentenced to 15 days rigorous imprisonment, and was subsequently dismissed without any enquiry or show‑cause notice. The appellate authority set aside the dismissal, ordered his

JAI KARAN AND ORS.versusSTATE OF U.P.

2003 INSC 57128 October 2003Dismissed

The appellants Jai Karan, Veer Bhadra and Babu were convicted for murder and related offences under Sections 148, 149, 302 and 323 of the IPC after a prosecution case that relied heavily on the testimony of an injured eyewitness, PW‑2, who was a relative of the deceased. The appellants challenged the credibility of PW‑

RAFIQUE BIBI (D) BY LRS.versusSYED WALIUDDIN (D) BY LRS. AND ORS.

2003 INSC 43228 August 2003Dismissed

The landlords filed an eviction suit under Section 13(1)(a) of the Delhi and Ajmer Rent Control Act, 1952 alleging that the tenants had defaulted in rent for over three years. While the suit was pending, Ajmer became part of Rajasthan, bringing the premises within the Rajasthan Premises (Control of Rent and Eviction) A

STATE OF MANIPURversusMD. RAJAODIN

2003 INSC 43328 August 2003Appeal(s) allowed

The respondent, son of a government servant who died in harness in 1980, filed an application in 1997 for a compassionate appointment under the die‑in‑harness scheme, more than 17 years after the death. The State issued a letter in 1999 offering a Grade‑IV post but did not make the appointment. The Guwahati High Court

NATIONAL HIGHWAY AUTHORITY OF INDIAversusM/S. GANGA ENTERPRISES AND ANR.

2003 INSC 43428 August 2003Appeal(s) allowed

The National Highways Authority of India (NHAI) issued a tender for toll collection requiring a bid security of Rs 50 lakh in the form of an on‑demand bank guarantee, which could be forfeited if the bidder withdrew his bid within the 120‑day validity period. Ganga Enterprises submitted the bid, became the highest bidde

KRISHNAN AND ANR.versusSTATE REP. BY INSPECTOR OF POLICE

2003 INSC 33528 July 2003Dismissed

The Supreme Court dismissed the appeals of Krishnan and others, upholding their conviction for murder under Section 302 read with Section 34 of the IPC and for voluntarily causing hurt under Section 323. The Court held that the FIR was lodged immediately after the incident, negating any possibility of a fabricated stat

DWARKA PRASAD AND ORS.versusUNION OF INDIA AND OTHERS.

2003 INSC 33628 July 2003Dismissed

The appellants, Preventive Officers (POs) appointed in Central Services Group C, challenged the Department of Revenue (Customs Appraisers Recruitment) Rules, 1988 which fixed a 20% quota for POs and a 75% quota for Examining Officers (EOs) for promotion to the post of Appraiser (Group B), alleging arbitrariness and vio

THE STATE OF MADHYPRADESH AND ORS.versusGOPAL D. TIRTHANI AND ORS.

2003 INSC 33728 July 2003Case Partly allowed

The Supreme Court examined the validity of Madhya Pradesh's scheme reserving 20% of postgraduate medical seats for doctors employed by the State and the procedures for their admission. It held that the quota constitutes a separate channel of entry, not a communal reservation, and therefore satisfies Article 14. The Cou

SAFIYAversusGOVERNMENT OF KERALA

2003 INSC 33828 July 2003Dismissed

The appellant Safiya, wife of T.P. Moideen Koya, challenged his preventive detention under Section 3(1)(iv) of the COFEPOSA Act on grounds that the Advisory Board’s opinion revoking the detention of another accused in the same smuggling case was not considered, that there was an inordinate delay in disposing of his rep

STATE OF ANDHRA PRADESH AND ANR.versusMARRI VENKAIAH AND ORS.

2003 INSC 33928 July 2003Appeal(s) allowed

The Supreme Court examined whether an application under Section 28‑A of the Land Acquisition Act, 1894 must be filed within three months of the civil court’s award or from the date the applicant actually learns of the award. The land in question was acquired by a common notification, an award was passed in 1982 and enh

KRISHNA MOHAN PVT. LTD.versusMUNICIPAL CORPORATION OF DELHI AND ORS.

2003 INSC 34028 July 2003Appeal(s) allowed

Krishna Mohan Pvt Ltd owned a cinema complex on which it installed plant, machinery, lifts and air‑conditioners. The Municipal Corporation of Delhi assessed property tax by adding the cost of these items to the building's rateable value. The company appealed, arguing that such costs are movable and should be excluded,

ARVIND YADAVversusRAMESH KUMAR AND ORS.

2003 INSC 26028 April 2003Appeal(s) allowed

Arvind Yadav, brother of a murder victim, challenged a Madhya Pradesh High Court order that released several convicted murderers, including Ramesh Kumar, on licence despite the Probation Board’s refusal to recommend release. The High Court had bypassed a remand to the State Government, reasoning that a fresh considerat

STATE OF RAJASTHANversusNATHU AND ORS.

2003 INSC 26128 April 2003Appeal(s) allowed

The State of Rajasthan appealed the acquittal of four accused who were part of an unlawful assembly that entered the victim's house, broke the wall and murdered two children. The High Court had held that only the accused who delivered the fatal blow could be convicted under Section 302 read with Section 149 IPC, findin

VISVESWARANversusSTATE REP. BY S.D.M.

2003 INSC 26228 April 2003Dismissed

The appellant, a police constable, was convicted under IPC sections 346, 366 and 376 for raping a young woman after abducting her and her husband. The appellant appealed, arguing that he was not positively identified by the victim or witnesses and that the failure to hold a test identification parade rendered the convi

INDIAN RED CROSS SOCIETYversusNEW DELHI MUNICIPAL COMMITTEE AND ORS.

2003 INSC 26328 April 2003Dismissed

The Indian Red Cross Society owned a building in Delhi, part of which it occupied for its charitable offices and the rest it let out on rent. The New Delhi Municipal Council (NDMC) levied property tax on the entire building. The Society claimed exemption under Section 62(1) of the New Delhi Municipal Council Act, 1994,

AMINAversusHASSN KOYA

2003 INSC 26428 April 2003Appeal(s) allowed

Amina married Hassn Koya on 28 December 1972 while she was five months pregnant. The husband later claimed that the pregnancy had been concealed, rendering the Muslim marriage void and absolving him of maintenance liability under Section 125 of the Criminal Procedure Code. The trial magistrate held the marriage valid a

SHARDAversusDHARMPAL

2003 INSC 18928 March 2003Dismissed

The husband filed for divorce under Sections 12(1)(b) and 13(1)(iii) of the Hindu Marriage Act, seeking a court order that his wife undergo a medical examination to determine unsoundness of mind. The District Judge ordered the examination, the High Court dismissed the revision, and the wife appealed to the Supreme Cour

RAJNI KUMARversusSURESH KUMAR MALHOTRA AND ANR.

2003 INSC 19028 March 2003Dismissed

The landlord sued the tenant for unpaid water and electricity charges under a suit filed pursuant to Order 37 of the CPC. The trial court decreed the suit ex‑parte, deeming service of summons as effected by registered post. The tenant applied under Order 37 Rule 4 to set aside the decree, alleging special circumstances

SETH CHAND RATANversusPANDIT DURGA PRASAD (D) BY LRS. AND ORS.

2003 INSC 19128 March 2003Appeal(s) allowed

The dispute concerned the status of Shri Madan Mohan Mandir and adjoining shops in Harda, Madhya Pradesh. Two applications were filed under the Madhya Pradesh Public Trusts Act, 1951: one by Pandit Kamta Prasad (case No. 73) seeking registration as a public trust, which he later withdrew, and another by Seth Champalal

SAHEBGOUDA (DEAD) BY LRS. AND ORS.versusOGEPPA AND ORS.

2003 INSC 19228 March 2003Appeal(s) allowed

The appellants, who claim to be hereditary pujaris of the Amogsidda temple, filed a suit in the civil court seeking a declaration of their pujariki rights and an injunction against interference by the respondents. The respondents argued that the suit was barred by Section 80 of the Bombay Public Trust Act, 1950 because

KACHA KANTI SEVA SAMITY AND ANR.versusSHRI KACHA KANTI DEVI AND OS.

2003 INSC 19328 March 2003Case Partly allowed

The Supreme Court examined a dispute over the status of a temple in Udarband, Cachar, where the respondents claimed hereditary shebaitship of the deity based on ancient royal appointments, while the appellants argued that the temple was a public endowment with no formal shebait appointment. The trial court dismissed th

A.G. SAINATH REDDYversusTHE GOVT. OF A.P. AND ORS.

2003 INSC 12828 February 2003Dismissed

A.G. Sainath Reddy, a Welfare Officer in the Andhra Pradesh Jail Department, was promoted to Deputy Superintendent of Jails on an ad‑hoc basis while the posts were earmarked for direct recruitment by the State Public Service Commission. After the direct recruits joined, the Government regularised service of all, back‑d

RAVINDER NARAIN AND ANR.versusUNION OF INDIA

2003 INSC 12928 February 2003Disposed off

The appellants challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894, arguing that the market value fixed by the Collector and affirmed by the High Court was too low. The High Court had fixed compensation by averaging rates of residential and shop plots and considering only plotted

COLLECTOR AND ORS.versusP. MANGAMMA AND ORS.

2003 INSC 13028 February 2003Disposed off

The Collector initiated suo motu proceedings under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and Section 166‑B of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1950 to cancel assignments of land that allegedly violated the Special Loani Rules. The Single Judge of the Andhra Pradesh

R. BALAKRISHNA PILLAIversusSTATE OF KERALA

2003 INSC 13128 February 2003Appeal(s) allowed

The appellants, R. Balakrishna Pillai (former Minister for Electricity, Kerala) and P. Kesava Pillai (Technical Member/Chairman of KSEB), were convicted under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act for allegedly selling 1,22,41,440 units of Kerala electricity to Mis. Graphite India L

JAMAL UDDIN AHMADversusABU SALEH NAJMUDDIN AND ANR.

2003 INSC 13228 February 2003Dismissed

The petitioners challenged the election of the respondent to the Assam Legislative Assembly, alleging that the election petition was invalidly presented to the Stamp Reporter of the Gauhati High Court. The respondents argued that the presentation complied with Chapter VIII‑A of the Gauhati High Court Rules and was ther

UNITED INDIA INSURANCE COMPANY LTD.versusLEHRU AND ORS.

2003 INSC 13328 February 2003Dismissed

The Supreme Court examined an appeal by United India Insurance Company Ltd, which sought to avoid liability for a motor accident on the ground that the driver’s licence was allegedly fake. The accident involved a vehicle driven by Janu, who presented a licence that appeared genuine; the insurer attempted to prove a dif

AJAY MITRAversusSTATE OF M.P. AND ORS.

2003 INSC 4028 January 2003Appeal(s) allowed

The complainant, Sanjiva Bottling Company, entered into five‑year bottling agreements with Cadbury Schweppes Beverages India, which were later assigned to Atlantic Industries, a Coca‑Cola subsidiary. After Atlantic gave notice that the agreements would not be renewed, the complainant filed a criminal complaint under Se

NASIRUDDIN AND ORS.versusSITA RAM AGARWAL

2003 INSC 4128 January 2003Appeal(s) allowed

The appeal concerned a landlord-tenant dispute under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The tenant failed to deposit the arrears of rent within the period prescribed under Section 13(4) of the Act and sought condonation of the delay under Section 5 of the Limitation Act, 1963. The Supreme

BALWANT SINGH AND ORS.versusANAND KUMAR SHARMA AND ORS.

2003 INSC 4228 January 2003Dismissed

The landlord filed an eviction suit against the tenants under the Bihar Buildings (Lease, Rent & Eviction) Control Act alleging default in rent payment. The trial court dismissed the suit, but the first appellate court reversed that decision and decreed eviction for default. The second appellate court and the Patna Hig

RAM DULAR RAI AND ORS.versusSTATE OF BIHAR

2003 INSC 67427 November 2003Dismissed

The appellants, including Ram Dular Rai, were convicted for murder, attempted murder and related offences after a night‑time assault on a household in which they fired on the son and daughter of the informant. The trial court identified four of the accused but noted that several other armed persons were present. On app

STATE OF KARNATAKAversusPUTTARAJA

2003 INSC 67527 November 2003Appeal(s) allowed

The accused, Puttaraja, was convicted of raping a pregnant woman in the presence of her husband under Section 376 IPC. The trial court sentenced him to five years’ imprisonment and a fine, despite the statutory minimum of seven years. The Karnataka High Court reduced the sentence to the 46 days already served, citing t

CHANDIGARH ADMINISTRATION AND ANR.versusSURINDER KUMAR AND ORS.

2003 INSC 67627 November 2003Dismissed

The Chandigarh Administration advertised fourteen Assistant Sub‑Inspector posts, reserving two for SC and four for OBC candidates. Applicants from Punjab, Haryana and Himachal Pradesh, holding caste certificates from their home states, claimed reservation benefits but were denied. The Central Administrative Tribunal an

HINDALCO INDUSTRIES LTD.versusUNION OF INDIA AND ORS.

2003 INSC 67727 November 2003Dismissed

Hindalco Industries Ltd, a public limited company engaged in bauxite mining, was ordered by the Divisional Forest Officer to stop mining in forest land and to submit maps and records. The company declared a lay‑off on 31 July 1993 and closed the mine on 19 August 1993. It applied for permission to close the undertaking

TULSHIDAS KANOLKARversusTHE STATE OF GOA

2003 INSC 56727 October 2003Dismissed

Tulshidas Kanolkar was convicted of rape and criminal intimidation of a mentally challenged girl who later gave birth to a stillborn child. The appellant argued that the delay in filing the FIR, the non‑examination of certain witnesses, and the victim’s alleged consent should exonerate him or reduce his sentence. The S

THE MUNICIPAL CORPORATION OF GREATER BOMBAYversusSHRI LAXMAN IYER AND ANR.

2003 INSC 56827 October 2003Case Partly allowed

The parents of an 18‑year‑old cyclist who died after being struck by a bus owned by the Municipal Corporation of Greater Bombay filed a claim petition under Sections 110‑A and 110‑B of the Motor Vehicles Act, 1939. The Motor Accidents Claims Tribunal awarded compensation using a multiplier of 15, which the High Court u

MUNNAversusSTATE (N.C.T. OF DELHI)

2003 INSC 42927 August 2003Dismissed

The appellant Munna was convicted under the IPC, TADA and the Arms Act for participating in a robbery in which a lady’s gold bangles were taken. The prosecution’s case rested on the testimony of three eye‑witnesses who identified Munna for the first time in court, as no prior test identification parade (TIP) had been h

STATE OF MAHARASHTRAversusKASHIRAO AND ORS.

2003 INSC 43027 August 2003Appeal(s) allowed

The State of Maharashtra prosecuted Kashirao and six others for assembling with deadly weapons and attacking Pundlik (PW‑I) with the common object of killing him. During the assault the deceased Subhash Warankar was chased, assaulted and killed, while PW‑I was seriously injured. The trial court convicted all accused un

KALIYAPERUMAL AND ANR.versusSTATE OF TAMIL NADU

2003 INSC 42827 August 2003Case Partly allowed

The appellants, Kaliyaperumal and Muthulakshmi, were convicted under Sections 304B (dowry death) and 498A (cruelty) of the IPC for the suicide of their daughter‑in‑law, Devasena, after alleged dowry demands and harassment. The trial court and High Court upheld both convictions, though the High Court reduced the 304B se

D.S. LAKSHMAIAH AND ANR.versusL. BALASUBRAMANYAM AND ANR.

2003 INSC 43127 August 2003Appeal(s) allowed

The husband sold a portion of property to a third party, prompting his wife and son to file a declaratory suit claiming a two‑thirds share as joint Hindu family property. The trial court granted the suit, but the first appellate court reversed, holding the property to be self‑acquired because the plaintiffs failed to p

BALRAM KUMAWATversusUNION OF INDIA & ORS.

2003 INSC 42627 August 2003Dismissed

The appellants, an importer of mammoth fossil ivory and a carver, challenged the ban on their ivory under the Wild Life (Protection) Act, 1972, arguing that mammoth ivory is not covered by the term "ivory" and that the prohibition violates Articles 14 and 19(6) of the Constitution. The Supreme Court examined the statut

INDIAN HANDICRAFTS EMPORIUM AND ORS.versusUNION OF INDIA AND ORS.

2003 INSC 42727 August 2003Dismissed

The appellants, Indian Handicrafts Emporium and others, were traders who had legally imported ivory and manufactured articles from it before the 1991 amendment to the Wild Life (Protection) Act, 1972 prohibited any trade in imported ivory. They challenged the constitutional validity of the amendment on grounds of viola

UNION OF INDIA AND ANR.versusM/S. G.T.C. INDUSTRIES LTD., BOMBAY

2003 INSC 18627 March 2003Disposed off

The Supreme Court examined a dispute arising from show‑cause notices issued under the Central Excise Act, 1944 to G.T.C. Industries Ltd. and its alleged front company. A partner of the front company gave oral submissions before the Collector, who relied on those statements to pass an adverse adjudication order without

COLLECTOR OF CENTRAL EXCISE, NEW DELHIversusGURU NANAK REFRIGERATION CORPN.

2003 INSC 18727 March 2003Dismissed

The Collector of Central Excise issued a show‑cause notice to Guru Nanak Refrigeration Corp. alleging that the cost of production of its refrigeration parts exceeded the wholesale price and sought recovery of differential excise duty. The wholesale price had been approved by the excise authorities and the buyer was not

GUNANIDHI MARTHA AND ORS.versusGOVT. OF ORISSA AND ORS.

2003 INSC 18827 March 2003Disposed off

The dispute concerned the selection of police constables for training and promotion to the rank of Lance Naik under Police Order No. 266 of 1981. The Order required candidates to obtain at least 50% marks in each individual subject of the outdoor and indoor tests and to be selected for training on the basis of their or

MITHILESH SINGHversusUNION OF INDIA AND ORS.

2003 INSC 12427 February 2003Dismissed

The appellant, a constable of the Railway Protection Force, was charged with leaving his post and the station without permission, leaving arms and ammunition unguarded, and filing a leave application that was not approved. The disciplinary authority found the charge proved and imposed removal from service under Rule 15

INDIAN RAILWAY CONSTRUCTION CO. LTD.versusAJAY KUMAR

2003 INSC 12527 February 2003Disposed off

The employee, Ajay Kumar, was dismissed by Indian Railway Construction Co. Ltd. while on probation for allegedly assaulting a senior officer and creating a violent scene. The employer dispensed with a disciplinary enquiry, invoking loss of confidence and impracticability, and relied on Rule 30 of its Conduct, Disciplin

M/S. HINDUSTAN METAL PRESSING WORKSversusCOMMISSIONER OF CENTRAL EXCISE, PUNE

2003 INSC 12627 February 2003Appeal(s) allowed

Hindustan Metal Pressing Works removed excisable goods at the prevailing duty rate while awaiting classification list approval to claim exemption under Notification No.175/86-CE. After the classification list was approved in June 1988, the Revenue granted a refund of excise duty for April‑August 1988. The Assistant Col

S.A. JALALUDDINversusBANGALORE DEVELOPMENT AUTHORITY AND ANR.

2003 INSC 12727 February 2003Dismissed

S.A. Jalaluddin challenged a notification issued under Section 18(1)(a) of the City of Bangalore Improvement Act, 1945, which incorporated a two‑year limitation for issuing a declaration under Section 6 of the Land Acquisition Act, as introduced by the Karnataka Amendment of 1967. He argued that the amendment’s limitat

STATE OF KARNATAKAversusSHARIFF

2003 INSC 3827 January 2003Appeal(s) allowed

The State of Karnataka appealed the acquittal of Shariff, who was convicted by a Sessions Court for murdering his wife by setting her on fire. The High Court had set aside the conviction, discarding the victim's dying declarations and the testimony of an 8‑year‑old child witness. The Supreme Court held that the dying d

SUPREET BATRA AND ORS.versusUNION OF INOIA AND ORS.

2003 INSC 3627 January 2003Dismissed

The Supreme Court examined petitions filed by Supreet Batra and others seeking a third round of counselling for MBBS/BDS admissions under the 15% All‑India quota, arguing that several states had not completed the prescribed counselling within the dates fixed by the Court‑framed scheme, leading to vacant seats. The Cour

HIGH COURT OF JUDICATURE FOR RAJASTHANversusP.P. SINGH AND ANR

2003 INSC 3727 January 2003Appeal(s) allowed

The Rajasthan High Court had appointed a two‑Judge Committee, constituted by the Acting Chief Justice, to recommend merit criteria for promotion of Higher Judicial Service officers to the selection scale. The Full Court approved the Committee's recommendations and the Governor issued appointments, but several officers

N. BAGAVATHY AMMALversusCOMMISSIONER OF INCOME TAX, MADURAI AND ANR.

2003 INSC 3927 January 2003Dismissed

The appellants, two sisters who were shareholders of a company in liquidation, received agricultural land as part of the distribution of the company's assets. The Assessing Officer treated the market value of the land as a capital gain under Section 46(2) of the Income Tax Act, 1961, and levied tax. While the Commissio

FEDERAL BANK LTD.versusSAGAR THOMAS AND OTHERS

2003 INSC 51526 September 2003Appeal(s) allowed

The respondent, Sagar Thomas, a branch manager of Federal Bank, was dismissed after a disciplinary enquiry and challenged the dismissal by filing a writ petition under Article 226 of the Constitution. The High Court held the petition maintainable, deeming the bank a public authority performing a public duty. The bank a

JINDAL STRIPE LTD. AND ORS.versusSTATE OF HARYANA AND ORS.

2003 INSC 51626 September 2003

The petitioners, manufacturers in Haryana, challenged the constitutional validity of the Haryana Local Area Development Tax Act, 2000, alleging it violated Article 301 of the Constitution and was not saved by Article 304(b). They argued that the Act imposed an entry tax on goods moving into local areas, effectively a s

STATE OF HARYANAversusJAGBIR SINGH AND ANR.

2003 INSC 51726 September 2003Dismissed

The State of Haryana alleged that Jagbir Singh and another accused kidnapped a four‑year‑old child, demanded ransom and caused the child's death. The trial court convicted them on the basis of circumstantial evidence – a ransom note allegedly in the accused's handwriting, an alleged extra‑judicial confession before a w

JINESHWARDAS (D) THROUGH LRS. AND ORS.versusSMT. JAGRANI. AND ANR.

2003 INSC 51826 September 2003Dismissed

The plaintiff Jineshwardas sued for specific performance of an alleged sale deed; the trial court and first appellate court dismissed the suit, holding the deed was merely an agreement to repay. In the second appeal before the Madhya Pradesh High Court, the parties' counsel reached a settlement whereby the respondents

5 M & T CONSULTANTS, SECUNDERABADversusS.Y. NAWAB AND ANR.

2003 INSC 51926 September 2003Appeal(s) allowed

M&T Consultants entered into a self‑financing agreement with the Hyderabad Municipal Corporation (HMC) to erect house‑numbering, sign‑boards and direction boards in selected circles as a pilot project. The corporation invited other advertisers through a circular, but the writ petitioner, S.Y. Nawab, claimed that the pe

K. ETHIRAJAN (DEAD) BY LRS.versusLAKSHMI AND ORS.

2003 INSC 52026 September 2003Appeal(s) allowed

The case concerned a suit for partition of land originally owned by the widow Gangammal, filed by the legal representatives of the deceased K. Ethirajan. The respondents, representing the heirs of M. Gurunathan, claimed inheritance rights over the same property. The trial court and first appellate court granted a preli

GRID CORPORATION OF ORISSA AND ORS.versusRASANANDA DAS

2003 INSC 52126 September 2003Dismissed

The Hirakud Dam Project was taken over by the State Government in 1960, and workmen employed before 1‑April‑1960 were transferred to various departments, including the Orissa State Electricity Board. The Board’s regulations prescribed a superannuation age of 58 years, but under Section 60 of the Electricity (Supply) Ac

M/S MANGAT SINGH TRILOCHAN SINGH THR. MANGAT SINGH (D) THR. LRS. AND ORS.versusSATPAL

2003 INSC 52226 September 2003Appeal(s) allowed

In eviction suits filed by landlords against tenants, the landlords sought to strike off the tenants' defence under Order XV Rule 5 of the CPC for failing to deposit arrears of rent before the first hearing. The trial court refused to strike off the defence, allowed the tenants to deposit the arrears later, and accepte

ILLACHI DEVI (D) BY LRS. AND ORS.versusJAIN SOCIETY, PROTECTION OF ORPHANS INDIA AND ORS.

2003 INSC 52326 September 2003Case Partly allowed

The appellant, the heirs of the deceased Ratan Lal, challenged the Delhi High Court's order granting letters of administration to the Jain Society, a body registered under the Societies Registration Act, 1860, under Section 236 of the Indian Succession Act. The Supreme Court examined whether a society qualifies as a ju

P.T RAJANversusT.P.M. SAHIR AND ORS.

2003 INSC 51426 September 2003Dismissed

In the 2001 Kozhikode Assembly election, the appellant, election agent of the defeated candidate, alleged that after the 3 p.m. deadline for filing nominations, 19,045 names were deleted and 6,828 added to the electoral roll, rendering the election void. The High Court dismissed the petition, holding that the appellant

DELHI DEVELOPMENT AUTHORITYversusMRS. VIJAYA C. GURSHANEY AND ANR.

2003 INSC 42226 August 2003Appeal(s) allowed

Ram Ohan, an allottee of a plot under the Delhi Development Authority (DDA), died without constructing on the land and left a will in favour of a non‑blood relative, Mrs. Vijaya C. Gurshane. She obtained a Letter of Administration from the District Judge based on the will and applied to the DDA for substitution of her

OM PRAKASH SOODversusUNION OF INDIA AND ANR.

2003 INSC 42326 August 2003Appeal(s) allowed

The appellant, a Technical Assistant with a superannuation age of 60, was offered promotion to Key Board Operator (KBO) on the condition that he could revert to his original post and retire at 60. The department neither accepted nor rejected this condition and later superannuated him at 58, the KBO retirement age. The

LALU PRASAD @ LALU PRASAD YADAVversusSTATE THROUGH C.B.I. (A.H.D.) RANCHI, JHARKHAND

2003 INSC 42126 August 2003Dismissed

The appellants, former Chief Ministers of Bihar, sought a joint trial and transfer of six corruption and conspiracy cases pending before various Special Judges in Jharkhand. They argued that a single conspiracy linked the cases, with common witnesses and documents, and that separate trials would cause undue hardship. T

TEJUMAL BHOJWANI (DEAD) THROUGH LRS. AND ORS.versusSTATE OF U.P.

2003 INSC 42426 August 2003Disposed off

The petitioners, owners of a large tract of land in Sitapur, Uttar Pradesh, challenged the compensation awarded by the U.P. Awas Evam Vikas Parishad under its 1965 Adhiniyam for land acquired for a housing scheme. The Land Acquisition Officer had offered Rs 2‑3 per sq ft and separate amounts for structures and a tube‑w

AUGUSTINE SALDANHAversusSTATE OF KARNATAKA

2003 INSC 42526 August 2003Appeal(s) allowed

The case involved Augustine Saldanha and Rocky Saldanha, who were accused of assaulting Paul Saldanha (who died) and Felix Saldanha (who was injured) with sticks on a dark night. The trial court acquitted them, doubting the credibility of the victim‑witness, but the Karnataka High Court convicted Augustine under Sectio

KARAMJIT SINGHversusSTATE (DELHI ADMINISTRATION)

2003 INSC 18426 March 2003Dismissed

Karamjit Singh, a Delhi police constable, was residing in a police quarter allotted to his father‑in‑law when police, acting on secret information, raided the premises and recovered explosives and related materials from a locked box that Singh opened. He was convicted under Sections 3 and 5 of the Terrorist and Disrupt

DELHI FARMING AND CONSTRUCTION (P) LTD.versusCOMMISSIONER OF INCOME TAX, DELHI

2003 INSC 18526 March 2003Appeal(s) allowed

Delhi Farming and Construction (P) Ltd., an investment company, received compensation for compulsory acquisition of agricultural land in 1962. The directors transferred the entire amount to a capital reserve and did not declare any dividend for the assessment years 1974-75, 1975-76 and 1976-77, citing accumulated losse

M/S. AMCO BATTERIES LTD., BANGALOREversusCOLLECTOR OF CENTRAL EXCISE, BANGALORE

2003 INSC 12026 February 2003Case Partly allowed

Amco Batteries Ltd., a manufacturer of lead‑acid batteries, obtained lead ingots from various sources, including job workers who reclaimed lead from waste and scrap sent by Amco. The waste and scrap were claimed to be exempt from excise duty under Notification 186/84‑CE (as amended by 246/87‑CE). The Central Excise aut

FORBES GOKAK LTD.versusCOLLECTOR OF CENTRAL EXCISE, AURANGABAD

2003 INSC 12126 February 2003Disposed off

Forbes Gokak Ltd. manufactured glass moulds with plastic gaskets for making ophthalmic lenses. The Central Excise authority classified the product under heading 70.15 of the Central Excise Tariff Act as "other articles of glass" and levied duty, while the assessee claimed classification under heading 84.80, which carri

KENDRIYA VIDYALAYA SANGATHAN AND ORS.versusRAM RATAN YADAV

2003 INSC 12226 February 2003Appeal(s) allowed

The respondent, a Physical Education Teacher appointed to a Kendriya Vidyalaya, filled an attestation form stating that no criminal case was pending against him, despite a case being registered. The employer terminated his services for suppressing material information, a decision upheld by the Central Administrative Tr

UNION OF INDIAversusSHIV DAYAL SOIN & SONS PVT. LTD. AND ORS.

2003 INSC 12326 February 2003Dismissed

The appellant, lessor, leased a plot of land to the predecessor-in-interest of the respondent under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, using the terms of Appendix XIII to Rule 40(3). Clause 1(vii) required the lessee to construct a house but did not expressly limit its subsequent use. Th

BIKAU PADEY AND ORSversusSTATE OF BIHAR

2003 INSC 67125 November 2003Dismissed

The appellants were convicted for the murder of Sarjug Rai under Section 302 read with Section 149 of the Indian Penal Code, alleging that they formed an unlawful assembly with a common object to kill the victim. The Supreme Court examined whether the prosecution had proved the essential ingredient of Section 149 – a c

BHAGAT RAM AND ANR.versusSURESH AND ORS.

2003 INSC 67225 November 2003Dismissed

The appellants, sons of the deceased Mast Ram, challenged the sale of their father's property by his widow Muni Devi, arguing that a statement recorded by the Registrar of Deeds on 21 May 1973 constituted a codicil that, if valid, limited the widow to a life estate. The Court examined whether a codicil must be executed

M/S PEPSI FOODS LTD.versusCOLLECTOR OF CENTRAL EXCISE, CHANDIGARH

2003 INSC 67325 November 2003Dismissed

Pepsi Foods Ltd sold a beverage concentrate to bottlers under an agreement that also required the bottlers to pay a royalty for using Pepsi's 'Lehar' trademark on the finished drinks. The Central Excise authorities proposed including the royalty in the assessable value of the concentrate under Section 4(a) of the Centr

COLLECTOR OF CENTRAL EXCISE, AHMEDABADversusORIENT FABRICS PVT. LTD.

2003 INSC 66925 November 2003Dismissed

The Collector of Central Excise assessed additional duty on Orient Fabrics for alleged mis‑disclosure and undervaluation of fabric, also ordered confiscation of 35 bales and imposed a penalty. The Central Excise and Gold (Control) Appellate Tribunal allowed the appeals, holding that the Central Excise Act could not be

VIVEK GUPTAversusCENTRAL BUREAU OF INVESTIGATION AND ANR .

2003 INSC 51225 September 2003Dismissed

Vivek Gupta conspired with two State Bank of India officers to cheat the bank, causing substantial loss. All three were charged under Section 120B read with Section 420 of the IPC, while the two officers were additionally charged under the Prevention of Corruption Act, 1988 (PCA). The trial was before a Special Judge a

DURGA PRASAD GUPTAversusTHE STATE OF RAJASTHAN THROUGH C.B.L.

2003 INSC 51125 September 2003Dismissed

The appellant, D.P. Gupta, was charged under Section 5 of the Explosive Substances Act and the TADA Act for possessing large quantities of gelatine, detonators and other explosive materials found in his godowns and an underground room. The key issue was whether he had "conscious possession"—i.e., both physical control

RAMAKANT RAIversusMADAN RAI AND ORS.

2003 INSC 51325 September 2003Appeal(s) allowed

The case arose from a property dispute in which Madan Rai and his three sons fired gunshots, killing a teenage boy. The trial court convicted Madan Rai under IPC sections 302 and 440 and the others under section 440, but the Allahabad High Court acquitted all accused, setting aside the convictions. The father of the de

CALCUTTA GUJRATI EDUCATION SOCIETY AND ANR.versusCALCUTTA MUNICIPAL CORPORATION AND ORS.

2003 INSC 41525 August 2003Dismissed

The Supreme Court examined the Calcutta Municipal Corporation Act, 1980, which imposes a consolidated property tax on owners and occupiers. Tenants, sub‑tenants and occupiers argued that they were denied participation in valuation, notice of assessment, and a meaningful right of appeal, especially where they were requi

M. RANGASAMYversusRENGAMMAL AND ORS.

2003 INSC 41625 August 2003Appeal(s) allowed

The case concerned two settlement deeds executed by Nanjammal in favour of her grandson, the appellant, which the daughters claimed were obtained by undue influence. The trial court declared the deeds void, but the first appellate court upheld their validity as gift deeds. The High Court reversed, holding the deeds unp

STATE OF RAJASTHAN AND ORS.versusANAND PRAKASH SOLANKI

2003 INSC 41725 August 2003Appeal(s) allowed

Anand Prakash Solanki, a former Special Judge, was appointed President of the District Consumer Protection Forum (DCPF) in Pali and later transferred by the Rajasthan Government to Jalore and then Banswara. He challenged the transfer, and the Rajasthan High Court held that the concept of transfer did not exist for DCPF

GAZI SADUDDIN,versusSTATE OF MAHARASHTRA AND ANR.

2003 INSC 41825 August 2003Dismissed

Gazi Saduddin was served a notice under Section 59 of the Bombay Police Act, 1951 alleging criminal proceedings, communal disharmony, links with SIMI, a false caste certificate and extortion. The Deputy Commissioner of Police issued an order of externment under Section 56(1)(a), (b) and (bb), which the High Court uphel

THE STATE OF BIHAR AND ANR.versusKEDAR SAO AND ANR.

2003 INSC 41925 August 2003Case Partly allowed

The State of Bihar appealed against High Court orders that quashed confiscation of trucks seized with illicit forest produce, arguing that the Bihar Forest Produce (Regulation of Trade) Act, 1984 does not strip the authorities of powers conferred by the Indian Forest Act, 1927 as amended by the Bihar Amendment Act, 199

SATYA RANJAN MAJHI AND ANR.versusSTATE OF ORISSA AND ORS.

2003 INSC 42025 August 2003Dismissed

The petitioners challenged Sections 2 and 7 of the Orissa Freedom of Religion Act, 1967 and Rules 4 and 5 of the Orissa Freedom of Religion Rules, 1989, including sub‑rule (3) of Rule 5, before the Orissa High Court, which dismissed the petition. They filed a Special Leave Petition before the Supreme Court, contending

HIRA LAL AND ORS.versusSTATE (GOVT. OF NCT) DELHI.

2003 INSC 33125 July 2003Disposed off

The appellants, the husband and his parents, were convicted for the suicide of their wife, who allegedly suffered dowry‑related cruelty. The trial court sentenced them under Sections 304‑B (dowry death) and 498‑A (cruelty) of the IPC, and the High Court reduced the sentence but upheld the convictions. On appeal, the Su

P.V. RADHAKRLSHNAversusSTATE OF KARNATAKA

2003 INSC 33225 July 2003Dismissed

The appellant, P.V. Radhakrishna, was convicted of murdering his wife by setting her on fire after a domestic quarrel. The deceased, Smt. Dharni, suffered extensive second and third degree burns and, while being treated in hospital, gave a statement in the presence of a police officer and a doctor, which was treated as

DHIRAJBHAI GORAKHBHAI NAYAKversusSTATE OF GUJARAT

2003 INSC 33325 July 2003Dismissed

Hasmukhbhai Patel was fatally injured on 12 August 1993 after a quarrel with Dhirajbhai Gorakhbhai Nayak, who was alleged to have assaulted him while he slept. The deceased's wife (PW I) and son (PW 3) testified that they saw the accused delivering blows, while a friend (PW 2) gave a contradictory statement. The FIR wa

STATE OF U.P. AND ORS.versusSMT. GULAICHI

2003 INSC 33425 July 2003Appeal(s) allowed

Smt. Gulaichi, a government employee of Uttar Pradesh, discovered that her service book recorded her date of birth as 31-07-1929, which would make her retire on 31-07-1987. A few weeks before retirement she claimed the correct date to be 31-07-1939 and an officer amended the entry; she then sued for a declaration that

SHRI BIMAL N. DESAIversusSTATE OF KARNATAKA AND ORS.

2003 INSC 25625 April 2003Disposed off

The appellant challenged a 1998 government notification that excluded a small portion of Cubbon Park for construction, arguing it violated the Karnataka Government Parks (Preservation) Act, 1975 and the Constitution’s right to life. The High Court upheld the notification, limiting future constructions without further c

STATE OF BIHARversusKALIKA KUER @ KALIKA SINGH AND ORS.

2003 INSC 25725 April 2003Appeal(s) allowed

The State of Bihar appealed a Patna High Court judgment that held Sections 15(1) and 15(2) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 to be ultra‑vires Articles 13 and 14 of the Constitution and diluted the effect of Sections 4(b), 4(c) and 37. The High Court also declared the earl

A.K. BINDAL AND ANR.versusUNION OF INDIA AND ORS.

2003 INSC 25825 April 2003Directions issued

The petitioners, officers of the sick public sector undertakings Fertilizer Corporation of India (FCI) and Hindustan Fertilizer Corporation (HFC), challenged two Government memoranda that denied pay‑scale revision for employees of units referred to BIFR and that provided no budgetary support for such revisions. They ar

M/S. SREE NARAYANA CHANDRIKA TRUSTversusCOMMISSIONER OF GIFT TAX, KERALA

2003 INSC 25925 April 2003Appeal(s) allowed

The Sree Narayana Chandrika Trust, a partner in Chandrika Enterprises, saw its profit share fall from 45% to 30% when the firm was reconstituted and a new partner, M.U. Indira, contributed Rs 25,000 for a 12% share. The Gift Tax Officer treated the 15% reduction as a gift and levied tax under the Gift Tax Act, 1958. Th

M/S. SUNNY INDUSTRIES PVT. LTD.versusCOLLECTOR OF CENTRAL EXCISE, CALCUTTA

2003 INSC 18325 March 2003Dismissed

M/s Sunny Industries Pvt. Ltd. manufactured an Ad‑vitamin Massage Oil Forte and claimed it to be a patent or proprietary medicine, seeking classification under tariff heading 30.03 (medicaments). The Assistant Collector and the Collector (Appeals) classified it as a cosmetic product under heading 33.04, a decision uphe

RANBIR SINGH AND ORS.versusKARTAR SINGH AND ORS.

2003 INSC 11525 February 2003Appeal(s) allowed

The plaintiff, Surtu, daughter of Basanti, sued the defendants for possession of land after Basanti, a widow who held only a life estate in her husband's ancestral property, allegedly made an oral gift of portions of that land to collaterals in 1936. The trial court held that the widow had no right to alienate the prop

NAMDEV VYANKAT GHADGE AND ANR.versusCHANDRAKANT GANPAT GHADGE AND ORS.

2003 INSC 11625 February 2003Appeal(s) allowed

Vyankat, the sole surviving coparcener of a Hindu joint family, died on 8 February 1978. Four months later his widow Krishnabai adopted Dattatraya. The plaintiffs, Vyankat's children, sued for partition claiming their statutory shares, while the defendants argued that the adopted son was also entitled to a share. The t

SAHYADRI SAHAKARI SAKHAR KARKHANA LTD.versusCOLLECTOR OF CENTRAL EXCISE, PUNE

2003 INSC 11725 February 2003Dismissed

The appellant, a cooperative sugar factory, claimed a rebate under Central Excise Notification No. 135/83 CE based on the average sugar production during the three preceding lean years (1979‑80, 1980‑81, 1981‑82). It had produced sugar only in 1979‑80 and nil in the other two years. The Revenue argued that the two nil‑

STATE OF WEST BENGAL AND ANR.versusROAD TRANSPORT ASSOCIATION, SILGURI AND ANR.

2003 INSC 11925 February 2003Appeal(s) allowed

The State of West Bengal and its Commissioner of Commercial Taxes appealed against a West Bengal Taxation Tribunal order that had suspended Explanation‑I to Section 2(1a‑1) of the Bengal Finance (Sales Tax) Act, 1941 and declared sub‑sections 6 and 7 of Section 4C and Rule 48L(4) of the Sales Tax Rules unconstitutional

SHRIRAMversusSTATE OF MADHYA PRADESH

2003 INSC 66524 November 2003Dismissed

The appellant Shriram and seven others were convicted for rioting and the murder of Hemraj, with the trial court finding them guilty under Sections 302 and 149 IPC. They claimed to have sustained injuries and pleaded right of private defence, arguing that the prosecution had failed to explain those injuries. The Suprem

N.D. THANDANI (DEAD) BY LRS.versusARNAVAZ RUSTOM PRINTER AND ANR.

2003 INSC 66624 November 2003Dismissed

The tenant, N.D. Thandani (deceased), repeatedly failed to make monthly rent deposits as required by the A.P. Buildings (Lease, Rent & Eviction) Control Rules and did not furnish the prescribed deposit particulars to the landlord. Despite a Supreme Court order directing the tenant to clear arrears within two months and

DHARAM DUTT AND ORS.versusUNION OF INDIA AND ORS.

2003 INSC 66724 November 2003Dismissed

The petitioners challenged the Indian Council of World Affairs Act, 2001, alleging that it violated Articles 14, 19(1)(a), 19(1)(c) and 300A of the Constitution by taking over the assets of the Indian Council of World Affairs Society and by being enacted in defiance of a prior High Court judgment that had struck down a

R. SAI BHARATHIversusJ. JAYALALITHA AND ORS.

2003 INSC 66824 November 2003Dismissed

The State alleged that the Tamil Nadu Small Industries Corporation (TANSI) sold land at a price below market value to a firm in which the Chief Minister of Tamil Nadu and her associate were partners, thereby causing wrongful loss to the corporation and wrongful gain to the accused. The trial court convicted the accused

STATE OF U.P.versusBABU AND ORS.

2003 INSC 51024 September 2003Appeal(s) allowed

The State prosecuted four accused for a dacoity during which the deceased was murdered, alleging that the accused were identified at the scene by the victim (PW‑I) and other witnesses using torchlight and a gaslight. The trial court convicted them under Sections 302, 149, 148, 323 and 395 of the IPC and sentenced them

OFFICERS AND SUPERVISORS OF I.D.P.L.versusCHAIRMAN AND M.D.I.D.P.L. AND ORS.

2003 INSC 33024 July 2003Dismissed

The petitioners, officers and supervisors of Indian Drugs and Pharmaceuticals Ltd (IDPL), a public sector undertaking declared a sick unit by the BIFR, sought direction to revise their pay scales and to receive three instalments of interim relief as recommended by the Fifth Pay Commission and mandated by the Ministry o

UNION OF INDIA AND ORS.versusSHIVENDRA BIKARAM SINGH

2003 INSC 25424 April 2003Dismissed

The respondent, a naval officer, was convicted by a Court Martial for offences under the IPC and the Navy Act. He challenged the conviction, arguing that three members of the Court Martial were incompetent to act as impartial judges and that the trial Judge Advocate had summarily rejected his objections without referri

ORIENTAL INSURANCE COMPANY LTD.versusDEVIREDDY KONDA REDDY AND ORS. ETC. ETC.

2003 INSC 3324 January 2003Appeal(s) allowed

Certain goods vehicles insured by Oriental Insurance Company were involved in accidents that killed unauthorised or gratuitous passengers. Claims were filed under the Motor Vehicles Act, 1988 and the Motor Accident Claims Tribunal held the insurer liable for compensation. The High Court upheld that decision, relying on

UNION OF INDIA AND ORS.versusM/S. CHOWGULE AND CO. LTD. AND ORS.

2003 INSC 3424 January 2003Dismissed

The Union of India appealed a High Court order that quashed the rejection of Chowgule & Co.'s claim for an additional export licence (Exim Scrip/REP) and directed payment of a 20% premium under Circular 11/93. Chowgule, a recognised trading house, had exported processed iron ore during April 1989‑March 1990 under the o

K.C.G. VERGHESEversusK.T. RAJENDRAN AND ANR.

2003 INSC 3124 January 2003Dismissed

The Supreme Court considered a contempt petition filed by a landlord after the tenant, K.T. Rajendran, had been ordered by the Rent Controller to vacate a tenanted premises. Rajendran filed an undertaking to hand over the premises by 31 July 2000, but later informed the landlord that he had vacated only the portion he

STATE OF KARNATAKAversusMOHAMED NAZEER @ BABU

2003 INSC 3524 January 2003Disposed off

The State of Karnataka prosecuted Mohamed Nazeer for killing a man after assaulting him with a knee to the private parts, causing instant death. Eye‑witnesses and a doctor testified that the accused threatened the victim, kicked him, and that death resulted from neurogenic shock due to testicular injury. The trial cour

SADHANA LODHversusNATIONAL INSURANCE COMPANY LTD. AND ANR.

2003 INSC 3224 January 2003Appeal(s) allowed

The claimant's son died in a motor vehicle accident and the Motor Accident Claims Tribunal awarded Rs. 3,50,000 as compensation. The insurer, National Insurance Co., filed writ petitions under Articles 226 and 227 of the Constitution challenging the award, but the High Court initially dismissed the petition and later r

MS. NEELU ARORA AND ANR.versusUNION OF INDIA AND ORS.

2002 INSC 4524 January 2002Dismissed

The petitioners, Ms. Neelu Arora and others, sought a third round of counselling for MBBS/BDS seats under the 15% All‑India quota, arguing that many seats remained vacant after the first two rounds and that candidates might vacate allotted seats for preferred state‑quota seats. The respondents, Union of India and other

M/S. U.P. DRUGS AND PHARMACEUTICALS CO. LTD.versusRAMANUJ YADAV AND ORS.

2003 INSC 50423 September 2003Dismissed

The employer, M/s. U.P. Drugs and Pharmaceuticals Co. Ltd., terminated 29 workmen on the ground that they were casual and there was no work, without the workmen having completed 240 days in the 12 months preceding termination. The labour court held they were not entitled to protection under Section 6N of the Uttar Prad

VIJAY LAKSHMIversusPUNJAB UNIVERSITY AND ORS.

2003 INSC 50523 September 2003Appeal(s) allowed

The Punjab University Calendar contained Rules 5, 8 and 10 reserving certain posts in women’s colleges – principal, teacher and hostel superintendent – for women only. A writ petition challenged these provisions as violative of Articles 14, 15(3) and 16 of the Constitution. The Punjab and Haryana High Court held the ru

NAWAL SINGHversusSTATE OF U.P. AND ANR.

2003 INSC 50623 September 2003Dismissed

The appellants, senior judicial officers of Uttar Pradesh, were ordered by the Allahabad High Court to retire compulsorily at age 58 after a screening committee found them unsuitable to continue in service. They challenged the order, contending that Rule 2 of the Uttar Pradesh Judicial Officers (Retirement on Superannu

P.C. KESAVAN KUTTYNAYAR ETC. ETCversusHARISH BHALLA AND ORS.

2003 INSC 50723 September 2003

The Supreme Court examined whether the Central Government could grant permission to increase student intake or renew permission for medical colleges in contravention of Sections 10‑A and 10‑B of the Indian Medical Council Act, 1956 and the regulations framed by the Medical Council of India (MCI). The petitioners allege

P.C. KESAVAN KUTTYNAYAR ETC. ETCversusHARSH BHALLA AND ORS.

2003 INSC 50823 September 2003

The Supreme Court examined whether the Central Government could grant permission to increase student intake or renew admission permissions for medical colleges without the colleges complying with the requirements of Sections 10‑A and 10‑B of the Indian Medical Council Act, 1956 and the regulations framed by the Medical

BIDESH SINGHversusMADHU SINGH AND ORS.

2003 INSC 50923 September 2003Appeal(s) allowed

Bidesh Singh filed an election petition challenging the election of Maohu Singh on the ground that 258 ballot papers were illegally rejected in Booth No. 35 and sought their inspection and scrutiny. The respondent filed an application under Sections 81, 83 and 86 of the Representation of the People Act, 1951 and Rule 9

P.M. PUNNOOSEversusKM. MUNNERUDDIN AND ORS.

2003 INSC 32823 July 2003Appeal(s) allowed

The tenant, P.M. Punnoose, paid rent by money orders but the landlords, K.M. Munneruddin et al., disputed the amounts and refused some payments, leading to an eviction petition under Section 10(2) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The Rent Controller held the tenant in wilful default and o

PAWAN KUMARversusSTATE OF HARYANA

2003 INSC 32923 July 2003Appeal(s) allowed

Pawan Kumar and Balwinder Singh (Binder) were convicted under Section 302 read with Section 34 of the Indian Penal Code for the murder of a taxi driver whose body was found in a hotel room. The prosecution relied solely on circumstantial evidence that the accused hired the taxi, stayed in the hotel with the driver, and

B. CHANDRASEKHAR REDDY (D) BY LRS.versusSTATE OF ANDHRA PRADESH

2003 INSC 25223 April 2003Dismissed

The father of the appellants filed declarations under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, which resulted in the family being allotted one standard holding and the excess land being declared surplus. After the father's death, the daughters invoked Section 29‑A of the Hindu Succe

STATE OF A.P. AND ORS.versusD. DASTAGIRI AND ORS.

2003 INSC 25323 April 2003Appeal(s) allowed

The State of Andhra Pradesh issued a notification to recruit 1,715 Excise Constables, conducting interviews and document verification. The process was halted due to an election notification and later cancelled after the state imposed total prohibition, with no selection list ever published. The candidates filed writ pe

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