MAHARASHTRA STATE FINANCIAL CORPORATIONversusASHOK K. AGARWAL AND ORS .
2006 INSC 18930 March 2006Dismissed
Maharashtra State Financial Corporation (MSFC) had sanctioned a loan to Crystal Marketing Pvt Ltd, whose directors stood as sureties. After default, MSFC invoked Sections 31 and 32 of the State Financial Corporations Act, 1951 to sell hypothecated property, and later, after a shortfall, issued notice to the sureties an…
SMT. SHAILversusSHRI MANOJ KUMAR AND ORS.
2004 INSC 21629 March 2004Disposed off
The petitioner, Smt. Shail, was a victim of offences under Sections 376 and 328 of the IPC by the respondent, Manoj Kumar, who later married her to avoid conviction but subsequently deserted her. She filed a maintenance application under Section 125 of the CrPC before the Family Court, which was delayed; the High Court…
M.M. BILANEY AND ANR.versusFALI RUSTOMJI KUMANA
2005 INSC 45027 September 2005Appeal(s) allowed
The plaintiffs, owners of a premises, filed an eviction suit under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, claiming bona‑fide need, against the original tenant Rustom D. Kumana. The tenant's son, Fali Rustomji Kumana, was impleaded claiming to be a tenant in his own right …
THE WORKMEN OF BHURKUNDA COLLIERY OF M/S CENTRAL COALFIELDS LTD.versusTHE MANAGEMENT OF BHURKUNDA COLLIERY OF M/S CENTRAL COALFIELDS LTD.
2006 INSC 4527 January 2006Disposed off
The workmen of Bhurkunda Colliery, employed as civil engineering workers since the mine's takeover by Central Coalfields Ltd., claimed that they should be regularised as casual workers and eventually become permanent employees. The Central Government Industrial Tribunal directed that 74 of the 104 remaining workmen who…
STATE OF TAMIL NADU AND ANR.versusP. KRISHNAMURTHY AND ORS.
2006 INSC 17724 March 2006
The State of Tamil Nadu, after a high‑level committee report on environmental damage caused by sand quarrying, inserted Rule 38A in the Tamil Nadu Minor Mineral Concession Rules to vest exclusive sand‑quarrying rights in the State and to terminate all existing private leases. The Madras High Court upheld the rule but c…
RISHI PAL SINGH AND ORS.versusMEERUT DEVELOPMENT AUTHORITY AND ANR.
2006 INSC 10824 February 2006Appeal(s) allowed
The Meerut Development Authority acquired about 180 acres of land under Section 4 of the Land Acquisition Act, 1894, and the Special Land Acquisition Officer fixed its market value at Rs.30 per square yard. The Reference Court, hearing a claim under Section 18, determined a compensation rate of Rs.126 per square yard a…
STATE OF H.P. AND ORS.versusRAJ KUMAR BRIJENDER SINGH AND ORS.
2004 INSC 30622 April 2004
The Himachal Pradesh Ceiling on Land Holdings Act, 1972, led the Collector to declare 9,000 bighas of land belonging to the heirs of Raja Lakshman Singh as surplus in 1976. The State appealed the Collector’s order but withdrew the appeal in March 1976, rendering the Collector’s order final. In 1991, the Financial Commi…
VITHAL N. SHETTI AND ANR.versusPRAKASH N. RUDRAKAR AND ORS.
2002 INSC 47920 November 2002Dismissed
The tenant, Vithal N. Shetti, had occupied premises in Pune and erected a permanent structure (dining hall, kitchen, lavatory) in 1961. The landlord, Prakash N. Rudrakar, claimed the construction was done without his written consent and without municipal plan sanction, invoking Section 13(1)(b) of the Bombay Rents, Hot…
HARISHCHANDRA HEGDEversusSTATE OF KARNATAKA AND ORS.
2003 INSC 73818 December 2003Dismissed
The appellant purchased a two‑acre parcel of land granted to Smt. Gangamma in 1961 and invested in improvements. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, which came into force in 1979, declares any transfer of such granted land in contravention of the gra…
E.A. SATHY ANESANversusV.K. AGNIHOTRI AND ORS.
2003 INSC 73918 December 2003Appeal(s) allowed
The appellant, a railway employee, challenged the Railway Administration's use of the 40‑point roster for promotions on the basis of vacancies rather than cadre strength. The Central Administrative Tribunal (CAT) held that reservation must operate on cadre strength and seniority, directing the Railways to work out reli…
AHMEDABAD ELECTRICITY CO. LTD.versusGUJARAT INNS. PVT. LTD. AND ORS.
2004 INSC 17216 March 2004Dismissed
The respondents, who purchased urban properties at auction under Section 29 of the State Financial Corporations Act, 1951 and under the Official Liquidator in winding‑up proceedings under the Companies Act, 1956, sought fresh electricity connections for those premises. The appellant, Gujarat Electricity Board, demanded…
MOOL SHANKAR SINGHversusREGIONAL MANAGER, P.N.B. AND ANR.
2004 INSC 16912 March 2004Appeal(s) allowed
Mool Shankar Singh, an employee, claimed entitlement to a higher special allowance and made a representation which was rejected. He approached the High Court via a writ petition under Article 226, where the Court only directed that a representation be made and did not consider the grievance on its merits. Singh subsequ…
DRESSER RAND S.A.versusM/S. BINDAL AGRO CHEM LTD. AND ANR.
2006 INSC 2012 January 2006Dismissed
The Indian company Bindal Agro Chem Ltd. invited bids for equipment and, after negotiations, agreed to modify its General Conditions of Purchase (which contained an arbitration clause) with Dresser Rand SA. The parties exchanged a revised set of conditions on 10 June 1991 and subsequently issued Letters of Intent on 12…
SYNDICATE BANKversusCHANNA VEERAPPA BELERI AND ORS.
2006 INSC 22110 April 2006Appeal(s) allowed
Syndicate Bank extended various credit facilities to Gadag Forge Fits (India) Pvt Ltd. The company’s directors executed personal continuing guarantees payable on demand. When the company’s accounts became dormant in mid‑1986, the Bank sent a demand letter on 12 Oct 1987 and a formal notice on 17 Dec 1987, to which the …
MGMT OF M/S DEVI THEATREversusVISHWANATH RAJU
2004 INSC 2458 April 2004Leave Granted & Allowed
The Management of M/s Devi Theatre filed a first appeal under Section 96 of the Code of Civil Procedure against a decree, and the Karnataka High Court admitted the appeal on the condition that the appellant deposit Rs. 75,000 within eight weeks, otherwise dismissing the appeal. The appellant failed to make the deposit …
RAJBIR SINGHversusSTATE OF U.P. AND ANR.
2006 INSC 1468 March 2006Appeal(s) allowed
The complainant Rajbir Singh lodged an FIR alleging that armed assailants fired at his father Hoti Lal, killing him and a Scheduled Caste girl, Pooja Kumari. During investigation, Akhilesh Chauhan (respondent No.2) was found to have received a rifle from one of the accused and fled the scene, leading the Special Judge …
M/S. SAIT NAGJEE PURUSHOTHAM AND CO. LTD.versusVIMALABAI PRABHULAL AND ORS.
2005 INSC 4784 October 2005Dismissed
A joint Hindu family owned a building that was let to a partnership firm, which later converted into a private limited company in 1948. The landlords, members of the family, sought eviction under the Kerala Buildings (Lease and Rent Control) Act, 1965 on the grounds of bona‑fide need for business expansion (s.11(3)), u…
PUNJAB STATE INDUSTRIAL DEV. CORPN. LTD.versusP.N.F.C. KARAMCHARI SANGH AND ANR.
2006 INSC 1984 April 2006Appeal(s) allowed
The Punjab State Industrial Development Corporation Ltd (PSIDC) promoted Punjab National Fertiliser & Chemical Ltd (PNFC), which was wound up under the Sick Industrial Companies (Special Provisions) Act, 1985. PNFC failed to pay wages to its workers, who approached the Punjab Chief Minister, who issued a note requestin…
HARIHAR NATH AND ORS.versusSTATE BANK OF INDIA AND ORS.
2006 INSC 2004 April 2006Dismissed
The appellants, directors of Nalanda Ceramic & Industries Ltd., had secured a loan from State Bank of India by mortgaging the company's assets and providing personal guarantees. The bank filed a title mortgage suit against the company and the directors, but the High Court later ordered the winding up of the company. Th…
G. SRINIVASGOUDversusSTATE OF A.P.
2005 INSC 4673 October 2005Dismissed
The appellants, G. Srinivas Goud and another, were convicted under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of 20 kg of diazepam seized during a raid conducted by a gazetted officer. They challenged the conviction on three grounds: (i) the search was not witnessed by indepen…
K. RAGHUNATHversusCHANDRASEKHAR AND ANR.
2004 INSC 6881 December 2004Appeal(s) allowed
The landlord evicted the tenant under Sections 22(1)(h) and 22(1)(p) of the Karnataka Rent Control Act, 1961, and the Small Causes Court ordered eviction on 4 February 2000. The tenant filed a revision petition under Section 50(1) on 6 April 2000, having sent the arrears of rent by money order on 11 April 2000. The Kar…