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Supreme Court of India

R C LAHOTI

330 judgments delivered by benches including this judge — showing 201–330.

HARBHAJAN SINGHversusPRESS COUNCIL OF INDIA AND ORS.

2002 INSC 13511 March 2002Appeal(s) allowed

Harbhajan Singh, a former editor of the Indian Observer, had served two consecutive three‑year terms as a member of the Press Council of India (1982‑85 and 1985‑88). When the Federation sought to nominate him again for the seventh Council, the Press Council rejected his nomination, relying on Section 6(7) of the Press

S. PUSHPA AND ORS.versusSIVACHANMUGAVELU AND ORS.

2005 INSC 7111 February 2005Appeal(s) allowed

The case concerned the selection of migrant Scheduled Caste (SC) candidates for posts reserved for SCs in the Union Territory of Pondicherry. The Central Administrative Tribunal (CAT) had declared the selection illegal, holding that only SCs listed in the 1964 Presidential Order for Pondicherry were eligible. The Union

PROF. YASHPAL AND ANR.versusSTATE OF CHHATTISGARH AND ORS.

2005 INSC 7211 February 2005Dismissed

Prof. Yashpal and other petitioners filed writ petitions under Article 32 challenging the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Act, 2002 and its 2004 amendment, alleging that Sections 5 and 6, which allow the State to create private universities by Gazette notification without any infrastr

B.P. ACHALA ANANDversusS. APPI REDDY AND ANR.

2005 INSC 7311 February 2005Dismissed

The case concerned an eviction suit filed by a landlord under the Karnataka Rent Control Act against a tenant, H.S. Anand, who had deserted his wife, B.P. Achala Anand, leaving her in the tenanted matrimonial home. The wife sought to be impleaded and to contest the eviction, arguing that she retained a right to residen

JAMSHED N. GUZDARversusSTATE OF MAHARASHTRA AND ORS.

2005 INSC 2111 January 2005

The Supreme Court examined the constitutional validity of the Bombay City Civil Court and Bombay Court of Small Causes (Enhancement of Pecuniary Jurisdiction & Amendment) Act, 1987, the Maharashtra High Court (Hearing of Writ Petitions by Division Bench and Abolition of Letters Patent Appeals) Act, 1986, and the Madhya

PU MYLLAI HLYCHHO AND ORS.versusSTATE OF MIZORAM AND ORS.

2005 INSC 2211 January 2005Dismissed

The case concerned the nomination and subsequent termination of four members to the Mara Autonomous District Council (MADC) in Mizoram. The Governor had nominated the members on 8 August 2000 under the Sixth Schedule, terminated them on 5 December 2001, and re‑nominated four members on 6 December 2001. A writ petition

K. PRABHAKARANversusP. JAYARAJAN

2005 INSC 2311 January 2005Appeal(s) allowed

The Supreme Court examined two election disputes where candidates had been convicted and sentenced to imprisonment of more than two years, raising questions about disqualification under Section 8(3) of the Representation of the People Act, 1951. It held that the relevant dates for determining qualification are the date

JANAK SINGHversusRAM DAS RAI AND ORS.

2005 INSC 2511 January 2005Dismissed

The appellant, Janak Singh, contested the election of Ram Das Rai to the State Assembly, alleging miscounting of ballot papers, failure to grant a recount under Rule 63 of the Conduct of Election Rules, 1961, and various irregularities in the counting process. The High Court found that the petitioner could not demonstr

VASHU DEOversusBAL KISHAN

2002 INSC 1811 January 2002Dismissed

The appellant, Vashu Deo, was a sub‑tenant of Bal Kishan who had leased a shop from the Sarvjanik Sampati Trust under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The appellant fell into rent arrears and Bal Kishan sued him for recovery of rent and eviction, while the Trust simultaneously sued Bal K

GANESH TRIVEDIversusSUNDAR DEVI AND ORS.

2002 INSC 2011 January 2002Dismissed

Ganesh Trivedi bought a residential premises in Kanpur from landlord Jagdamba Prasad Awasthi. The premises had been let to Suraj Prasad, who died in 1985 leaving his brother Deo Narain as the sole heir and occupant. Vikas Shukla applied to the Rent Controller to have the premises declared "deemed vacant" on the ground

M/S. ATMA RAM PROPERTIES (P) LTD.versusM/S. FEDERAL MOTORS PVT. LTD.

2004 INSC 70810 December 2004Appeal(s) allowed

The landlord, Mis. Atma Ram Properties (P) Ltd., filed an eviction suit under the Delhi Rent Control Act alleging illegal sub‑letting by the tenant, Mis. Federal Motors Pvt. Ltd. The Rent Controller ordered eviction, which the tenant appealed to the Rent Control Tribunal under Section 38. The Tribunal stayed the evicti

R. KUPPAYEE AND ANR.versusRAJA GOUNDER

2003 INSC 70010 December 2003Appeal(s) allowed

The daughters (appellants) claimed ownership of a house and land settled on them by their father through a registered settlement deed, seeking a permanent injunction against the father’s attempts to evict them. The father contended that the deed was obtained by fraud, that he was only a witness to a sale deed, and that

FAKIR MOHD. (DEAD) BY LRS.versusSITA RAM

2001 INSC 60210 December 2001Dismissed

The tenant occupied a shop in the landlord's building and fell into arrears of rent, prompting the landlord to file an eviction suit under Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The tenant had previously deposited rent in court under Section 19A, and again attempted to do so afte

NEW INDIA ASSURANCE CO. LTD.versusSMT. SITA BAI AND ORS

1999 INSC 38810 September 1999Appeal(s) allowed

A motor accident occurred on 16 April 1987 at 10:00 am, killing Smt. Salta Bai. The bus involved was owned by respondent No. 5 and driven by respondent No. 6. The owner bought an insurance policy for the bus on the same day at 9:00 pm, and the policy expressly stated that its commencement was 16 April 1987 at 21:00 hou

JOGINDER PALversusNAVAL KISHORE BEHAL

2002 INSC 28010 May 2002Dismissed

The landlord, Joginder Pal, filed an eviction petition under Section 13(3)(a)(ii) of the East Punjab Urban Rent Restriction Act, 1949, claiming the premises were needed for the office of his chartered‑accountant son. The tenant, Naval Kishore Behal, occupied the premises for non‑residential purposes and contested the e

H. SESHADRIversusK.R. NATARAJAN AND ANR.

2003 INSC 22710 April 2003Appeal(s) allowed

The appellant, H. Seshadri, was a shop tenant in a residential building whose residential tenant (respondent No.2) was evicted by a decree. During the execution of that decree, Seshadri was also evicted. He filed an application under Order XXI Rules 99 and 100 of the CPC claiming an independent right to the shop. The S

T.A. AHAMMED KABEERversusA.A. AZEEZ AND ORS.

2003 INSC 22810 April 2003Dismissed

In the Kerala Legislative Assembly election for Eravipuram, A.A. Azeez was declared elected by a margin of 21 votes over T.A. Ahamed Kabeer, who filed an election petition alleging double voting, impersonation, defective voter lists and invalid postal votes. The returned candidate filed a recrimination petition under S

DIRECTORATE OF EDUCATION AND ORS.versusEDUCOMP DATAMATICS LTD. AND ORS.

2004 INSC 15210 March 2004Appeal(s) allowed

The Directorate of Education, Delhi, invited tenders to set up computer labs in government schools. After earlier tenders with low turnover thresholds failed, it imposed a Rs 20 crore turnover requirement for the 2002‑03 tender, citing the large scale of the project (over Rs 100 crores) and the need for financially sta

UNION OF INDIAversusKARAM CHAND THAPAR AND BRS. (COAL SALES) LTD. AND ORS.

2004 INSC 15710 March 2004Dismissed

The Union of India, as successor to the Coal Board, was statutorily obligated under Section 9 of the Coal Mines (Conservation and Development) Act, 1974 to provide stowing assistance to the coal company, while the coal company owed royalty for sand extracted for stowing under a mining lease. The Government sought to re

JAYENDRA SARASWATHI SWAMIGALversusSTATE OF TAMIL NADU

2005 INSC 1710 January 2005Appeal(s) allowed

The petitioner, Jayendra Saraswati Swamigal, the Shankaracharya of Kanchi Mutt, was arrested on charges of conspiring to murder Sankararaman, an administrative manager. The prosecution alleged that the deceased had lodged complaints against the petitioner and that the petitioner offered Rs 50 lakhs to hired men to kill

KEDARNATHversusMOHAN LAL KESAWARI AND ORS.

2002 INSC 1610 January 2002Appeal(s) allowed

The landlord filed a suit in the Allahabad Court of Small Causes under the U.P. Urban Buildings Act for arrears of rent and eviction, which was decreed ex‑parte and executed. The tenants applied under Order 9 Rule 13 of the CPC to set aside the decree but neither deposited the decretal amount nor filed a prior applicat

M/S. PRECISION STEEL AND ENGG. WORKSversusPREM DEVA NIRANJAN DEVA TAYAL

2002 INSC 5259 December 2002Dismissed

The tenant, Mis. Precision Steel and Engg. Works, occupied a ground‑floor flat in Greater Kailash, Delhi, under a licence deed dated 13 September 1971 that required residential use but permitted incidental office use subject to local authority approval. The landlord, Prem Deva Niranjan Deva Tayal, sought eviction under

V.K. MAJOTRAversusUNION OF INDIA AND ORS.

2003 INSC 4609 September 2003Appeal(s) allowed

The petitioners challenged the panel prepared for appointing Vice‑Chairmen of the Central Administrative Tribunal (CAT) and the constitutional validity of the explanation to Section 6 of the Administrative Tribunals Act, 1985. The Allahabad High Court, exceeding the issues raised, directed that only persons qualified a

SALIGRAM KHIRWALversusUNION OF INDIA

2003 INSC 4639 September 2003Appeal(s) allowed

The appellant was granted a mining lease in 1980, while the late Dr. Sarojini Pradhan, who had also applied for a lease, filed a writ petition challenging the grant. Dr. Pradhan died during the pendency of the petition and her legal heirs were allowed to substitute her. The Orissa High Court set aside the appellant's l

STATE OF ANDHRA PRADESHversusPOLAMALA RAJU @ RAJARAO

2000 INSC 3879 August 2000Appeal(s) allowed

The respondent, Polamala Raju, was convicted by a Sessions Court for raping a five‑year‑old girl under Section 376 IPC and sentenced to ten years' rigorous imprisonment. The Andhra Pradesh High Court upheld the conviction but reduced the term to five years, citing the passage of time and possible settlement between the

NARENDRA K. KOCHARversusSIND MAHARASHTRA COOP. HOUSING SOCIETY LTD. AND ORS.

2002 INSC 2969 July 2002Appeal(s) allowed

The Sind Maharashtra Co‑operative Housing Society, a tenant‑co‑partnership society, sued its member (respondent 2) and the appellant who was occupying a flat as a licensee since December 1970, seeking vacant possession under Section 91 of the Maharashtra Co‑operative Societies Act, 1960. The society alleged default in

H.S. AHAMMED HUSSAIN AND ANR.versusIRFAN A. HAMMED AND ANR.

2002 INSC 2979 July 2002Appeal(s) allowed

The appellants, parents of two coolies killed in a motor accident, claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation based on a monthly income of Rs.3,000 per victim, applying multipliers of 13 and 14 and interest at 6% per annum. The insurer and the insure

SMT. LAXMIversusOM PRAKASH AND ORS.

2001 INSC 2829 July 2001Dismissed

The case involved the death of Janak Kumari, who suffered extensive burn injuries and allegedly made five dying declarations implicating her husband, mother‑in‑law and sister‑in‑law. The trial court acquitted the accused, holding that none of the statements were reliable. On appeal, the Supreme Court examined the admis

JIBONTARA GHATOWARversusSARBANANDA SONOWAL AND ORS.

2003 INSC 2919 May 2003Appeal(s) allowed

In the 2001 Assam Legislative Assembly election for constituency No.115 Moran, Sarbananda Sonowal was declared elected, defeating Jibontara Ghatowar by 850 votes. Eight hundred twenty‑four ballot papers were rejected because they lacked the presiding officer’s signature and distinguishing mark. Ghatowar filed an electi

SURENDRA KUMAR SHARMAversusVIKAS ADHIKARI AND ANR.

2003 INSC 2929 May 2003Dismissed

The appellant was engaged as a daily‑wage worker under the Jawahar Rozgar Yojna, a temporary employment scheme, initially for 100 days and subsequently extended, completing a total of 240 days. The post he occupied was later abolished due to lack of funds, and his services were terminated. He filed a writ petition clai

HARRINGTON HOUSE SCHOOLversusS.M. ISPAHANI AND ANR.

2002 INSC 2749 May 2002Disposed off

The tenant, Harrington House School, occupied an old, partially built property and ran an unrecognised private school. The landlords, who are builders, sought eviction under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, to demolish the dilapidated structure and erect a multistorey com

R.V.E. VENKATACHALA GOUNDERversusVENKATESHA GUPTA AND ORS.

2002 INSC 1879 April 2002Appeal(s) allowed

The appellant-landlord sought eviction of six commercial tenants under Section 14(1)(b) of the Tamil Nadu Building (Lease and Rent Control) Act, 1960, claiming a bona‑fide need to demolish the existing 30‑year‑old building and erect a new double‑storeyed structure to augment his earnings. The Controller rejected the pe

FIRM ASHOK TRADERS AND ANR. ETC.versusGURUMUKH DAS SALUJA AND ORS. ETC.

2004 INSC 299 January 2004Disposed off

The Supreme Court examined a dispute among partners of the unregistered liquor‑trading firm Mis Ashok Traders, where a partner of Group A sought an interim order under Section 9 of the Arbitration and Conciliation Act, 1996 for the appointment of a receiver. The trial court dismissed the application on the ground that

MADHUKAR D. SHENDEversusTARABAI ABA SHEDAGE

2002 INSC 149 January 2002Appeal(s) allowed

The plaintiff, Madhukar D. Shende, claimed title to a suit property based on a registered will executed by the deceased Bhagubai in favour of her niece Chingubai, which was later transferred to the plaintiff. The defendant, Tarabai Abashedage, contested the will, alleging oral gift and adverse possession, and the trial

R.V.F VENKATACHALA GOUNDERversusARULMIGU VISWESARASWAMI AND V.P. TEMPLE AND ANR.

2003 INSC 5328 October 2003Appeal(s) allowed

The appellant, a hereditary trustee of a temple, claimed ownership of a shop adjoining the temple and sued for declaration of title, possession and three years' rent arrears. The trial court and first appellate court upheld his claim based on oral testimony, rent agreements, ledger books and a charity commissioner’s or

COMMON CAUSEversusUNION OF INDIA AND ORS.

2003 INSC 5338 October 2003Dismissed

The petitioners, Common Cause, sought a writ of mandamus to compel the Union of India to issue a Gazette notification under Section 1(3) of the Delhi Rent Act, 1995, which required the Central Government to fix the date of the Act’s commencement. The Central Government had not issued such a notification because pending

CITI BANK N.A.versusSTANDARD CHARTERED BANK AND ORS.

2003 INSC 5348 October 2003Appeal(s) allowed

Citibank N.A. bought GOI 2009 bonds from Canbank Mutual Fund (CMF) and issued two Bankers Receipts (BRs) to Standard Chartered Bank (SCB) in exchange for Rs.50 crore. SCB asked for CMF's Subsidiary General Ledger (SGL) forms in lieu of the bonds; Citibank delivered the dishonoured SGLs and received the BRs back, which

BAL PATIL AND ANR.versusUNION OF INDIA AND ORS.

2005 INSC 3428 August 2005Disposed off

The petitioners, representing a section of the Jain community, filed a writ petition seeking a direction to the Central Government to notify Jains as a minority under section 2(c) of the National Commission for Minorities Act, 1992, based on a recommendation of the National Commission. The High Court dismissed the peti

NALAKATH SAINUDDINversusKOORIKADAN SULAIMAN

2002 INSC 2848 July 2002Case Partly allowed

The tenant, Nalakath Sainuddin, held a single tenancy over a shop with two doors and sublet one door to Koorikadan Sulaiman, who later purchased the entire property from the original owners. The landlord filed an eviction suit invoking three grounds under the Kerala Buildings (Lease and Rent Control) Act, 1965: arrears

DHANNALALversusKALAWATIBAI AND ORS.

2002 INSC 2898 July 2002Dismissed

The Supreme Court considered appeals by two tenants who were evicted from two shops in Indore after the widow of the former owner and her two sons filed eviction applications before the Rent Controlling Authority (RCA) under the Madhya Pradesh Accommodation Control Act, 1961, claiming bonafide requirement for their bus

STATE OF HIMACHAL PRADESHversusPAWAN KUMAR

2005 INSC 1938 April 2005Appeal(s) allowed

The State of Himachal Pradesh appealed against the acquittals of Pawan Kumar in two criminal appeals, challenging the High Courts' findings that Section 50 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act was not complied with during the search of a bag carried by the accused. The Supreme Court examined whe

INDIAN PETROCHEMICALS CORPN. LTD. AND ANR.versusSHRAMIK SENA AND ORS .

1999 INSC 1628 April 1999

In the civil appeals filed by India Petrochemicals Corp. Ltd. (employer) and the employees arising from a Bombay High Court judgment, the employees attempted to introduce an additional affidavit dated 19 February 1999 without any court order permitting its filing. The employer did not file a reply to the affidavit. The

INDIAN PETROCHEMICALS CORPN. LTD. AND ANR.versusSHRAMIK SENA AND ORS.

1999 INSC 1638 April 1999

In the civil appeals filed by India Petrochemicals Corp. Ltd. (employer) and the employees arising from a Bombay High Court judgment, the employees attempted to introduce an additional affidavit dated 19 February 1999 without any court order permitting its filing. The employer did not file a reply to the affidavit. The

J.J. LAL PVT. LTD. AND ORS.versusM.R. MURALI AND ANR.

2002 INSC 738 February 2002Appeal(s) allowed

The landlords sought eviction of the tenants under Section 10(2)(vii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging non‑payment of rent and a denial of the landlords' title that was not bona‑fide. The tenants counter‑claimed that the municipal corporation, not the landlords, was the true owne

STATE OF RAJASTHANversusHAT SINGH AND ORS.

2003 INSC 48 January 2003Appeal(s) allowed

The State of Rajasthan prosecuted Hat Singh and others under the Rajasthan Sati (Prevention) Act, 1987 for "glorification of Sati" (Section 5) and for contravention of a prohibitory order issued by the Collector (Section 6(3)). The High Court held that once a prohibitory order was issued, Section 5 merged into Section

SHARDA DEVIversusSTATE OF BIHAR AND ANR.

2003 INSC 78 January 2003Appeal(s) allowed

The State of Bihar acquired land and the Collector awarded compensation to Sharda Devi, who claimed title as a raiyat. The State later sought a reference to the civil court under Section 30 of the Land Acquisition Act, 1894, asserting that the land actually belonged to the State and that the award was therefore void. T

ARISTOCRAT AGENCIES,HYDERABAD ETC.versusEXCISE SUPERINTENDENT, HYDERABAD AND ORS. ETC.

2000 INSC 5777 December 2000Dismissed

Aristocrat Agencies, holders of distributor licences, obtained import permits for liquor and paid countervailing duty at the rate of Rs.45 per litre prevailing at the time of permit issuance. A notification dated 8 February 1991 raised the duty to Rs.70 per litre. The agencies imported liquor after the notification but

ALLAHABAD BANK ETC. ETC.versusBENGAL PAPER MILLS CO. LTD. AND ORS. ETC.

2004 INSC 5847 October 2004

The Supreme Court considered applications filed by the purchaser of Bengal Paper Mills' assets seeking clarification of its earlier judgment that ordered a refund of the Rs.2 crore purchase price but denied interest. The Court examined whether interest could be awarded under Order XXI Rule 93 of the CPC and whether res

ZILE SINGHversusSTATE OF HARYANA AND ORS.

2004 INSC 5857 October 2004Leave Granted & Dismissed

Zile Singh, a sitting municipal member, was held disqualified under Section 13A(1)(c) of the Haryana Municipal Act, 1973 after the birth of his third child in August 1995. The disqualification arose from the First Amendment (1994) which barred persons with more than two living children, but its proviso contained a draf

SURYA DEV RAIversusRAM CHANDER RAI AND ORS.

2003 INSC 3747 August 2003Appeal(s) allowed

The appellant sought a permanent and ad interim injunction on title and possession of agricultural land, but both the trial court and the appellate court rejected his claim. He then filed a petition under Article 226 of the Constitution, which the High Court dismissed on the ground that the relief sought was against pr

CITIBANK N.A.versusSTANDARD CHARTERED BANK

2004 INSC 3947 July 2004

Citibank sold IRFC bonds to Standard Chartered Bank (SCB) and issued a Banker’s Receipt (BR) which SCB later returned with an endorsement, also handing over a non‑transferable BR issued by CANFINA. SCB then demanded delivery of the bonds from Citibank, leading to suits in a Special Court. The Special Court held Citiban

M/S. BUILD INDIA CONSTRUCTION SYSTEMversusUNION OF INDIA

2002 INSC 2687 May 2002Appeal(s) allowed

The appellant entered into a 1985 construction contract with the Union of India that contained an arbitration clause but did not require a reasoned award. In 1986 the Government amended the General Conditions of Contract, adding a provision that arbitrators must give reasons when the claim exceeds Rs 1 lakh, effective

SANGAMNER BHAG SAHAKARI KARKHANA LTD.versusMIS. KRUPP INDUSTRIES LTD.

2002 INSC 2697 May 2002Disposed off

The appellant, a cooperative sugar factory, entered into a contract with the respondent for the design and supply of machinery, which contained an arbitration clause. Disputes arising under the contract were referred to two arbitrators who awarded Rs. 151.97 lacs to the appellant. The civil judge, finding apparent erro

M/S. GUJARAT CYPROMET LTD.versusUNION OF INDIA AND ORS.

2005 INSC 1897 April 2005Dismissed

Gujarat CyproMet Ltd imported copper cathodes that remained unclaimed at Jawaharlal Nehru Port Trust and were sold by public auction in 2000 for Rs 52.5 lakh. The Port Trust deducted 50 % of the sale proceeds as "sale expenses" pursuant to Board Resolution No. 624 dated 23‑July‑1999. The company challenged the deductio

RAJENDRA SHANTARAM TODANKARversusSTATE OF MAHARASHTRA AND ORS.

2003 INSC 27 January 2003Case Partly allowed

The Supreme Court examined the convictions of eight accused in a gang assault that resulted in the death of Gopikrishna and injuries to Sanjay Patil. The trial court and High Court had convicted all accused under Sections 143, 144, 147, 302/149 and 324/149 IPC. On appeal, the Court distinguished two separate assaults –

LALLU MANJHI AND ANR.versusSTATE OF JHARKHAND

2003 INSC 17 January 2003Appeal(s) allowed

The case involved ten accused charged with offences under Sections 147, 148, 149 and 302 of the IPC for an alleged murder during an unlawful assembly. The sole eyewitness, PW9, altered his testimony at trial compared to his original FIR statement, and his account was not corroborated by medical or forensic evidence. Th

UTKAL UNIVERSITY ETC.versusDR. NRUSINGHA CHARAN SARANGI AND ORS.

1999 INSC 27 January 1999Appeal(s) allowed

Utkal University advertised a Reader position in Oriya and formed a selection committee that recommended Dr. Surendranath Dash, who was appointed. Unsuccessful candidate Dr. Nrusingha Charan Sarangi filed a writ challenging the selection on three grounds: the D.Litt degree he obtained after the application deadline was

S. SAMUEL, M.D., HARRISONS MALAYALAM AND ANR.versusUNION OF INDIA AND ORS.

2003 INSC 6096 November 2003Appeal(s) allowed

The appellants, tea manufacturers, challenged the constitutional validity of the Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977, which regulated tea as an essential commodity. They argued that tea is not a "foodstuff" under the Essential Commodities Act, 1955, and that the Central Government had

D. GANESH RAO PATNAIK AND ORS.versusSTATE OF JHARKHAND AND ORS.

2005 INSC 4876 October 2005Appeal(s) allowed

The case concerned the inter‑se seniority of nine directly recruited judges (appellants) and eleven promotee judges (respondents) in the Bihar Superior Judicial Service after the creation of Jharkhand. The dispute arose because the Jharkhand High Court, relying on a committee report, declared the promotees senior to th

IN THE MATTER OF; "RV", A JUDICIAL OFFICER versus

2004 INSC 5796 October 2004Leave Granted & Allowed

The appellant, a subordinate judicial officer, was ordered by a High Court Single Judge to expedite a criminal trial and to explain delays. After the trial judge submitted a detailed written explanation citing massive case pendency, witness numbers, and administrative bottlenecks, the High Court dismissed the accused’s

STATE OF MAHARASHTRA AND ORS.versusRAGHUNATH GAJANAN WAINGANKAR

2004 INSC 4266 August 2004Disposed off

Raghunath G. Waingankar claimed a pension under the Goa Freedom Fighters Scheme, asserting participation in the Goa Liberation Movement and a bullet injury, but lacked primary documentary proof and relied on a certificate and newspaper cuttings. The State Government rejected his claim, and the High Court, invoking its

PRAMOD KUMAR SRIVASTAVAversusCHAIRMAN, BIHAR PUBLIC SERVICE COMMISSION, PATNA AND ORS.

2004 INSC 4256 August 2004Leave Granted & Dismissed

The appellant, a candidate for the Bihar Judicial Services Competitive Examination, obtained 35 marks in the General Science paper and, after a routine scrutiny found no error, petitioned the High Court for re‑evaluation of his answer‑book. The Single Judge directed the answer‑book to be re‑evaluated by expert teachers

STATE OF ANDHRA PRADESH AND ORS.versusB. NOORULLA KHAN AND ORS.

2004 INSC 3666 May 2004Case Partly allowed

The State of Andhra Pradesh appealed against a Division Bench of the Andhra Pradesh High Court that had struck down Andhra Pradesh Motor Vehicles Rules 297‑A(1)(c) and 297‑A(6)(f) as ultra vires the Motor Vehicles Act, 1988 and Article 19(1)(g). The respondents, holders of contract‑carriage permits (Sec. 74) and all‑In

D. SAIBABAversusBAR COUNCIL OF INDIA AND ANR.

2003 INSC 2816 May 2003Case Partly allowed

D. Saibaba, a practising advocate, was accused by his estranged wife of professional misconduct for continuing to hold a telephone booth allotted in the handicapped quota. The Bar Council of India directed him to surrender the booth and, after his failure to do so within a short period, ordered his deletion from the ro

KAILASHversusNANHKU AND ORS.

2005 INSC 1866 April 2005Appeal(s) allowed

The appellant, Kailash, elected to the Uttar Pradesh Legislative Council, challenged a High Court order that refused to accept his written statement filed after the 90‑day limit prescribed by Order VIII, Rule I of the CPC. The Supreme Court examined when the trial of an election petition begins, whether the CPC time‑li

M/S GUPTE CARDIAC CARE CENTRE AND HOSPITALversusOLYMPIC PHARMA CARE PVT. LTD.

2004 INSC 2396 April 2004

The Gupte Cardiac Care Centre & Hospital filed a suit in Nashik seeking recovery of Rs.28.35 lakh after a heart‑lung machine purchased from a German manufacturer and its Indian dealer performed unsatisfactorily. The dealer, Olympic Pharma Care Pvt. Ltd., filed a suit in the Delhi High Court for the balance price of Rs.

DEORAJversusSTATE OF MAHARASHTRA AND ORS.

2004 INSC 2406 April 2004Leave Granted & Allowed

The appellant, a director of a Maharashtra cooperative society, was the sole nominee for the post of Chairman. The returning officer refused to declare him elected because the quorum for the special meeting was not met, despite the nomination being in order and unwithdrawn. The appellant filed a writ petition seeking a

MUNICIPAL CORPORATION OF DELHI AND ORS.versusINTNL. SECURITY & INTELLIGENCE AGENCY LTD.

2003 INSC 676 February 2003Dismissed

The Municipal Corporation of Delhi and others entered into a contract with International Security & Intelligence Agency Ltd. containing an arbitration clause. A non‑speaking award was made and later declared a rule of court, leading to a decree. Various objections, a review petition, and multiple appeals were filed. Th

GOVERNMENT OF ORISSAversusM/S. ASHOK TRANSPORT AGENCY AND ORS.

2004 INSC 6455 November 2004Appeal(s) allowed

Ashok Transport Agency filed a money suit against Mis OMC Alloys Ltd, a government company, which was dismissed for default. While the suit was pending restoration, the Government of India issued an amalgamation order under Section 396 of the Companies Act, 1956, merging the company with Orissa Mining Corporation Ltd a

DOLLY CHHANDAversusCHAIRMAN, JEE AND ORS.

2004 INSC 5735 October 2004Appeal(s) allowed

Dolly Chhanda, daughter of an ex‑serviceman with permanent disability, qualified in the 2003 Joint Entrance Examination for MBBS under the reserved MI category. At the first counselling her father’s certificate from the Zilla Sainik Board mistakenly stated “not eligible”, leading to rejection of her candidature. After

RUPADHAR PUJARIversusGANGADHAR BHATRA

2004 INSC 5745 October 2004Leave Granted & Dismissed

In the Pondosguda Gram Panchayat election for Sarpanch, the respondent was declared elected but was later found disqualified under the Orissa Grama Panchayats Act for having more than two children. The appellant filed an election petition seeking to have the respondent's election declared void and to be declared the so

N. BALAJIversusVIRENDRA SINGH AND ORS.

2004 INSC 5755 October 2004Leave Granted & Allowed

The appellant, N. Balaji, challenged the election of directors of the National Cooperative Consumers Federation of India Ltd., alleging irregularities in the voters list. After multiple representations to the Minister and the Central Registrar and a writ petition, the Delhi High Court directed the Central Registrar to

JACOB MATHEWversusSTATE OF PUNJAB AND ANR.

2005 INSC 3345 August 2005Appeal(s) allowed

The appellant, Dr. Jacob Mathew, was charged under Section 304A IPC for the death of a patient who died after an empty oxygen cylinder was attached to him in a private hospital. The trial court framed charges and the High Court dismissed the petition to quash the FIR. On appeal, the Supreme Court examined whether the d

LIFE INSURANCE CORPORATION OF INDIAversusMANI RAM

2005 INSC 3355 August 2005Appeal(s) allowed

The complainant filed a consumer complaint alleging that LIC should pay the death claim of his son, who was insured under a policy back‑dated to 28‑April‑1995. The first premium was paid on 21‑August‑1995, making the next premium due on 28‑April‑1996 with a one‑month grace period until 28‑May‑1996. No premium was paid

REFERENCE UNDER ARTICLE 317(1) OF THE CONSTITUTION OF INDIA, FOR INQUIRY AND REPORT ON THE CHARGES LEVELED AGAINST DR. H.B. MIRDHA,CHAIRMAN ORISSA PSCversus.

2005 INSC 3365 August 2005Hearing Adjourned

The Supreme Court was asked to consider a reference under Article 317(1) of the Constitution, seeking an inquiry into alleged misbehaviour by Dr. H.B. Mirdha, Chairman of the Orissa Public Service Commission. The respondent raised a preliminary objection questioning the maintainability of the reference, specifically wh

KLSHUN @ RAM K!SHUN (DEAD) THROUGH LRS.versusBIHARI (DEAD) BY LRS.

2005 INSC 3375 August 2005Appeal(s) allowed

The suit concerned a gift deed of agricultural land made by the father to his son Kishun, which was challenged by the other son Behari on the ground that the land was joint family property and the deed was fraudulent. Behari claimed that a compromise had been reached before the Tehsildar dividing the land equally, but

THE GOA URBAN CO-OPERATIVE BANK LTD.versusNOOR MOHD. SHEIKH MUSSA AND ANR.

2004 INSC 3915 July 2004Dismissed

The Goa Urban Co‑operative Bank leased a 47.04‑sq‑m portion of a building for the purpose of an "office" under a two‑year lease. In 1982 the bank shifted its branch office to another building and used the demised premises solely as a godown for storing records, without obtaining Reserve Bank of India permission to cont

M/S. RAJURESHWAR ASSOCIATESversusSTATE OF MAHARASHTRA AND ORS.

2004 INSC 3925 July 2004Dismissed

The appellant, a partnership firm, paid Rs. 781.33 lacs for the purchase of land and buildings of a cooperative cotton mill that had been partially resumed by the State. The liquidator executed a sale agreement, but the State later cancelled it, claiming the price was far below market value and that the sale lacked pro

NATIONAL MINERAL DEVELOPMENT CORPN. LTD.versusSTATE OF M.P. AND ANR.

2004 INSC 3355 May 2004Appeal(s) allowed

The appellant, National Mineral Development Corporation (NMDC), held mining leases for iron ore in Madhya Pradesh and was levied royalty by the State on the waste material known as 'slimes' produced during ore processing. NMDC contended that slimes are a waste with no commercial value and are not covered by Entry 23 of

RAMESH CHAND ARDAWATIYAversusANIL PANJWANI

2003 INSC 2765 May 2003Case Partly allowed

Anil Panjwani purchased a vacant plot from Shri Niwas Vaidhya under a sale agreement dated 1‑Dec‑1985 and took possession, erecting a boundary wall. The defendant, R.C. Ardawatiya, later attempted to erect a hut on the plot. Panjwani sued for declaration of title, restoration of possession and injunctions. The trial co

THE MATTER OF ANIL PANJWANIversus.

2003 INSC 2775 May 2003Disposed off

Anil Panjwani, the plaintiff in a civil suit for possession, filed affidavits containing reckless allegations against the presiding Supreme Court judge, leading to contempt proceedings under Section 14 of the Contempt of Courts Act, 1971. The Court initially ordered his detention, but he later expressed remorse and sou

JAYSHREE CHEMICALS AND ANR.versusORISSA STATE ELECTRICITY BOARD AND ORS.

2004 INSC 835 February 2004Dismissed

Jayshree Chemicals, a power‑intensive industry, entered into supply agreements with the Orissa State Electricity Board. The State Government, invoking Section 228 of the Electricity Act, 1910, issued yearly notifications restricting power consumption and waiving minimum‑charge liability for certain water years. For the

CHAIRMAN/M.D. MAHANADI COALFIELDS LTD. AND ORS.versusSRI SADASHIB BEHERA AND ORS.

2005 INSC 125 January 2005Appeal(s) allowed

Sadashib Behera completed a one‑year apprenticeship as a welder with Mahanadi Coalfields Ltd. and later applied for a welder post but was not appointed. He filed a writ petition under Article 226 seeking a mandamus directing the company to appoint him. The Orissa High Court, relying on a claim that nine welder posts we

RAM NIBAS GAGAR (DEAD) BY LRS.versusDEBOJYOTI DAS AND ORS.

2002 INSC 5174 December 2002Dismissed

The landlords filed a suit for eviction of the tenant under Section 5(1)(c) of the Assam Urban Areas Rent Control Act, 1972, claiming the premises were needed for their own cloth business. The trial court, the first appellate court and the Assam High Court upheld the eviction decree. The tenant appealed to the Supreme

LAXMIKANT V. PATELversusCHETANBHAI SHAH AND ANR.

2001 INSC 5944 December 2001Appeal(s) allowed

The plaintiff, who had been operating a colour lab and studio under the trade name "Muktajivan Colour Lab and Studio" since at least 1995, sued the defendants for passing off after they intended to use the same name for a similar business. The plaintiff sought a permanent injunction and an ad‑interim injunction; the tr

SHYAM SUNDAR SARMAversusPANNALAL JAISWAL AND ORS.

2004 INSC 6374 November 2004Dismissed

The plaintiff obtained an ex‑parte decree in a title suit. The defendant filed a petition under Order IX Rule 13 of the CPC, together with an application under Section 5 of the Limitation Act, to set aside the decree, and subsequently filed an appeal against the decree with a condonation application. Both the petition

SHEIKH NOOR AND ANR.versusSHEIKH G.S. IBRAHIM (DEAD) BY LRS.

2003 INSC 3644 August 2003Dismissed

The original landlord, Mohammad Yahya, had authorized Fatimabi to collect rent. When municipal taxes remained unpaid, the Municipal Council attached the house and sold it at public auction to Fatimabi, who later transferred the title and the right to recover rent arrears to Sheikh G.S. Ibrahim. The tenants refused to r

KAILASH CHAND AND ANR.versusDHARAM DASS

2005 INSC 2534 May 2005Appeal(s) allowed

The appellants, Kailash Chand and Nokha Ram, owned a two‑storeyed building in Shimla and sought eviction of their tenant, Dharm Dass, under Section 14(3)(a)(i) of the Himachal Pradesh Urban Rent Control Act, 1987, claiming a bona‑fide requirement for his own occupation. An eviction order was initially granted, but duri

BONDAR SINGH AND ORS.versusNIHAL SINGH AND ORS.

2003 INSC 1414 March 2003Dismissed

The plaintiffs claimed ownership of land by adverse possession, relying on an unstamped, unregistered sale deed dated 9 May 1931. The defendants denied the deed, asserted they had regained possession in 1957‑58, and pleaded that the plaintiffs were merely sub‑tenants (shikmi). The High Court, on appeal under Section 10

DWARKAPRASADversusNIRANJAN AND ANR.

2003 INSC 1424 March 2003Appeal(s) allowed

Dwarkaprasad, the Karta of a joint Hindu family, owned a property in Nasik that he let to Niranjan under a lease deed executed by all family members. He filed an eviction suit on grounds of rent default and bonafide requirement of the premises for himself, his son and his younger brothers. The trial court granted evict

SHEELA AND ORS.versusFIRM PRAHLAD RAI PREM PRAKASH

2002 INSC 1164 March 2002Disposed off

The case concerned a suit for eviction of a tenant (Sheela et al.) by a partnership firm claiming to be the landlord of a shop premises under the Madhya Pradesh Accommodation Control Act, 1961. The tenant contested the eviction, arguing that the firm was not the owner and that his written statement merely sought proof

CHAIRMAN, LUDHIANA IMPROVEMENT TRUSTversusKANWALJIT SINGH AND ORS.

2004 INSC 814 February 2004Case Partly allowed

The Ludhiana Improvement Trust acquired 8.4 acres of land owned jointly by five respondents and framed the 1964 Land Disposal Rules, which allowed only one plot per local displaced person. The respondents claimed that each joint khata holder was entitled to a separate plot, relying on a letter dated 19‑Aug‑1994 from th

RENU DEVIversusMAHENDRA SINGH AND ORS.

2003 INSC 574 February 2003Appeal(s) allowed

The case involved a partition suit of a joint Hindu family where a compromise decree dated 13‑Feb‑1978 allocated specific parcels of land to each party by metes and bounds, but it was not engrossed on stamp paper. A later decree dated 24‑May‑1979, executed on stamp paper, merely reproduced the earlier decree and cured

GURDIAL SINGH AND ORS.versusRAJ KUMAR ANEJA AND ORS.

2002 INSC 624 February 2002Appeal(s) allowed

The owners of a commercial complex leased the premises to Goyal under a registered deed that expressly prohibited sub‑letting without the landlord’s written consent. Goyal subsequently allowed two occupants to occupy parts of the premises. The owners filed an eviction petition under Section 13(2)(ii)(a) of the East Pun

STATE OF U.P. AND ANR.versusPAWAN KUMAR TIWARI AND ORS.

2005 INSC 44 January 2005Dismissed

In Uttar Pradesh, 93 vacancies for Civil Judge (Junior Division) were to be filled with reservations as per the 1993 and 1994 Uttar Pradesh Public Service Acts. The prescribed percentages yielded 46.5 seats for the general category, which the High Court held should be rounded up to 47, and three seats reserved for free

FEROZE N. DOTIVALAversusP.M. WADHWANI AND ORS.

2002 INSC 5063 December 2002Dismissed

The appellant, Feroze N. Dotivala, occupied a portion of a terrace flat owned by the respondents after paying compensation in 1969. The respondents later demanded a written acknowledgment that he was a "paying guest"; he refused and obtained a decree declaring him a deemed tenant. The High Court reversed, holding he wa

STATE OF U.P. AND ORS.versusLALJI TANDON (DEAD) THROUGH LRS.

2003 INSC 5943 November 2003Dismissed

The State of Uttar Pradesh leased a 5‑acre government parcel for 50 years in 1887 with a covenant allowing the lessee to renew for another 50 years. The original lessee transferred his interest to Lalji Tandon, who, as assignee, exercised the renewal option and obtained a fresh lease on 20‑Feb‑1945 that incorporated al

SHANTI KUMAR PANDAversusSHAKUNTALA DEVI

2003 INSC 5963 November 2003Dismissed

The appellant, Shanti Kumar Panda, obtained a preliminary order and attachment of a shop under Sections 145 and 146 of the CrPC, while the real possessor, Shakuntala Devi, was not impleaded and was denied a hearing. The civil judge later granted her an ad‑interim injunction restraining the appellant from disturbing her

STATE OF M.P.versusBALA @ BALARAM

2005 INSC 4643 October 2005Appeal(s) allowed

The State of Madhya Pradesh appealed a High Court order that reduced the conviction of Bala for rape (under IPC s.376(2)(g)) from the statutory minimum of ten years' rigorous imprisonment to the nine‑month period already served. The Supreme Court examined whether the High Court could lawfully depart from the minimum pu

SHAKUNTLA DEVIversusUNION OF INDIA AND ANR.

2005 INSC 4663 October 2005Dismissed

The petitioner, Shakuntla Devi, filed a writ petition under Article 32 of the Constitution seeking a pension as a freedom fighter, alleging that the State Government had not recommended her claim to the Central Government. The petition was presented before the Supreme Court, with Madan Mohan Rai (her husband) and a leg

DHARMINDERversusSTATE OF HIMACHAL PRADESH

2002 INSC 3593 September 2002Dismissed

The case arose from a violent incident in which the deceased, Laiq Ram, fired a gun at the accused Durga Nand while trying to rescue his son, after which the accused seized the gun and inflicted fatal injuries on the deceased. The appellants Dharminder and Durga Nand were convicted under Sections 302/34, 307/34 and 323

TANZEEM-E-SUFIAversusBIBI HALIMAN AND ORS.

2002 INSC 3613 September 2002Appeal(s) allowed

Bibi Haliman obtained a decree for eviction of a property and filed an execution petition for possession. Judgment debtor No.7, claiming the premises belonged to the Sufi Ashram (Tanzeem‑e‑Sufia), resisted delivery. The Ashram filed an application under Order XXI Rule 97 CPC seeking to be heard as a third‑party in poss

GLOBAL ENERGY LTD . .AND ANR.versusM/S. ADANI EXPORTS LTD. AND ORS.

2005 INSC 2513 May 2005Dismissed

The West Bengal State Electricity Board issued a notice inviting tenders (NIT) for the sale of surplus power, requiring a Rs 30 lakh earnest money deposit from all bidders except Central/State Government organisations and public sector undertakings (PSUs). Global Energy Ltd., lacking the requisite Category F licence (i

PRAMOD KUMAR JAISWAL AND ORS.versusBIBI HUSN BANO AND ORS.

2005 INSC 2463 May 2005Dismissed

The appellants, tenants of a building, argued that having acquired the rights of some co‑owner landlords in 1988 extinguished their lease under the doctrine of merger, invoking Section 111(d) of the Transfer of Property Act, 1882, and therefore the order directing them to deposit fair rent under the Bihar Buildings (Le

SULTAN MOHIYUDDIN AND ORS.versusBASHEER AHMED SHARIFF AND ORS.

2002 INSC 2603 May 2002Disposed off

The landlord appealed a High Court decision after eviction proceedings were started under the Karnataka Rent Control Act, 1961. While the case was pending, the Karnataka Rent Act, 1999 came into force, which exempts non‑residential premises larger than 14 square metres from its provisions. The tenant argued that, becau

OMBALIKA DAS AND ANR.versusHULISA SHAW

2002 INSC 1803 April 2002Dismissed

Two daughters of a retired engineer of the General Reserve Engineering Force filed an eviction suit against a tenant, invoking the special procedure under Section 29B of the West Bengal Premises Tenancy Act, 1956, on the ground that they were dependent on their father. The Kolkata High Court held that the father’s reti

PRAMOD JHA AND OTHERSversusSTATE OF BIHAR AND OTHERS

2003 INSC 1343 March 2003Dismissed

The appellants, daily‑wage project employees, challenged their retrenchment by the State of Bihar, arguing that the notices issued under Section 25F of the Industrial Disputes Act, 1947 did not accompany the required compensation and that the compensation was not paid directly to them. The State contended that a one‑mo

RAJINDER SINGHversusSTATE OF HARYANA AND ORS.

2004 INSC 6902 December 2004Appeal(s) allowed

The appellant purchased agricultural land near the Grand Trunk Road in 1986 and erected a dhaba without obtaining permission under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963. The land lay in a "controlled area" declared by a Gazette notification under Section 4(1) o

DHARMA PRATHISHTHANAMversusM/S. MADHOK CONSTRUCTION PVT. LTD.

2004 INSC 6322 November 2004Leave Granted & Allowed

Dharma Prathishthanam entered into a construction contract with Madhok Construction Pvt. Ltd. that contained an arbitration clause referring disputes to arbitration under the Arbitration Act, 1940. When a dispute arose, the respondent unilaterally appointed Shri Swami Dayal as sole arbitrator, gave notice, and the arbi

LINGALA KONDALA RAOversusVOOTUKURI NARAYANA RAO

2002 INSC 4602 November 2002Dismissed

The appellant, Lingala Kondala Rao, occupied a shop that had been gifted to the respondent, Vootukuri Nara Yana Rao, by his father through a registered deed of settlement. The respondent, a member of a joint Hindu family, sought eviction under Section 10(3)(a)(iii) of the A.P. Buildings (Lease, Rent & Eviction) Control

STATE OF PUNJABversusGURMEJ SINGH

2002 INSC 3262 August 2002Dismissed

Gurmej Singh brutally assaulted his brother Jagjit Singh, his brother's wife and son, resulting in three deaths and injuries to three others. The trial court sentenced him to death on three counts of murder under IPC s.302, along with fines and other imprisonment terms. The Punjab High Court declined to confirm the dea

IN RE: ENFORCEMENT AND IMPLEMENTATION OF DOWRY PROHIBITION ACT, 1961versus-

2005 INSC 2432 May 2005Case Allowed

The Supreme Court entertained a public interest writ petition under Article 32 seeking mandamus to compel the Union and State governments to enforce the Dowry Prohibition Act, 1961 more effectively. The petitioners alleged that despite the enactment of the Act and its amendments, the provisions and rules were not being

NAGRIK UPBHOKTA M. MANCHversusUNION OF INDIA AND ORS.

2002 INSC 2552 May 2002Appeal(s) allowed

The Central Government issued the Kerosene (Restriction of Use and Fixation of Ceiling Price) Order, 1993 fixing a "declared price" that may include charges, rates, duties and taxes prescribed by the State. Madhya Pradesh’s Director and district Collectors fixed wholesale and retail kerosene rates using a "rounding off

SANJAY KUMAR PANDEY AND ORS.versusGULBAHAR SHEIKH AND ORS.

2004 INSC 2262 April 2004Leave Granted & Allowed

The appellants filed a suit under Section 6 of the Specific Relief Act, 1963 seeking recovery of possession of immovable property from which they claimed to have been dispossessed. The trial court decreed in their favour, but the respondents filed a revision under Section 115 of the Code of Civil Procedure, 1908, and t

FRIENDS COLONY DEVELOPMENT COMMITTEEversusSTATE OF ORISSA AND ORS.

2004 INSC 6301 November 2004Appeal(s) allowed

The Friends Colony Development Committee (appellant) challenged unauthorized construction by Mis Modem Mechatech Housing Ltd. and its managing director, who built a five‑storey building exceeding the four‑storey plan sanctioned under the Orissa Development Authorities Act. The Development Authority ordered demolition o

DISTT. REGISTRAR & COLLECTOR, HYDERABAD AND ANR.versusCANARA BANK ETC.

2004 INSC 6311 November 2004Dismissed

The Andhra Pradesh amendment of Section 73 of the Indian Stamp Act gave the Collector power to inspect, seize and impound any registers, books or documents, including those in banks, without any procedural safeguards. The High Court struck down this provision as unconstitutional, and the State appealed. The Supreme Cou

JAIPALversusSTATE OF HARYANA

2002 INSC 4201 October 2002Appeal(s) allowed

The appellant Jaipal was convicted by the trial court and the Punjab & Haryana High Court for murdering his wife Prakash Devi by allegedly administering aluminium phosphide (celphos) based on circumstantial evidence. The prosecution relied on the testimony of the sister‑in‑law, the victim's father, medical findings, an

K. PRABHAKARANversusP. JAYARAJAN

2002 INSC 4151 October 2002Matter referred to larger bench

The appellant K. Prabhakaran challenged the election of P. Jayarajan, who had been convicted of several offences and sentenced to 29 months of imprisonment, on the ground of disqualification under Section 8 of the Representation of the People Act, 1951. The trial court had ordered the sentences to run consecutively, ma

SHAMIM ARAversusSTATE OF U.P. AND ANR.

2002 INSC 4161 October 2002Appeal(s) allowed

Shamim Ara, a Muslim wife, filed an application under Section 125 of the Criminal Procedure Code seeking maintenance on grounds of desertion and cruelty. The husband, Respondent No.2, denied the claim and in his written statement asserted that he had divorced her on 11 July 1987, relying on the Muslim Women (Protection

MOHD. ALIversusAZAD MOHD.

1999 INSC 3741 September 1999Dismissed

The appellant filed an election petition on July 1, 1996, the first day after the Punjab and Haryana High Court resumed from its summer vacation, although the 45‑day limitation period had expired during the vacation. The High Court, relying on a November 27, 1995 notification that the court was not "closed" for electio

BABU RAM AND ANR.versusSTATE OF U.P. AND ORS.

2002 INSC 3191 August 2002Case Partly allowed

The Supreme Court examined two criminal appeals arising from a 1980 incident in which a dispute over tubewell irrigation led to a lathi assault followed by simultaneous gunshots that killed the victim, Mangali. The Court held that the two accused who fired the guns (Ram Swarup and Raja Ram) shared a common intention to

GADNIS BHAWANI SHANKARversusFALEIRO EDUARDO MARTINHO

2000 INSC 3651 August 2000Dismissed

In a Rajya Sabha election, three candidates filed nominations; one candidate, Luis Alex Cardozo, withdrew his candidature before the election. The appellant filed an election petition alleging that Cardozo, after withdrawal, agreed to receive gratification to vote for the respondent, constituting a corrupt practice und

PARWATI BAIversusRADHIKA

2003 INSC 2721 May 2003Appeal(s) allowed

The appellant, a lessee of a non‑residential municipal premises, sub‑let the property to the respondent and later served a notice under Section 106 of the Transfer of Property Act to terminate the tenancy for non‑payment of rent and self‑occupation. The respondent filed an eviction suit which was dismissed by the trial

ABDUL SATTARversusKHUTEJABI AND ORS.

2003 INSC 2731 May 2003Dismissed

The landlord Abdul Sattar sought eviction of the heirs of his former tenant Mohammed Gouse under clause (p) of Section 21(1) of the Karnataka Rent Control Act, 1961, alleging that one heir had been allotted a house by the Housing Board. The house was allotted in 1984 to the son, Mohammed Ismail, while the original tena

MAHENDRA SAREE EMPORIUMversusG.V. SRINIVASA MURTHY

2002 INSC 2521 May 2002Disposed off

The landlord filed eviction proceedings against the tenant under Section 21 of the Karnataka Rent Control Act, 1961, and obtained a decree for possession. The tenant appealed to the Supreme Court under Article 136. While the appeal was pending, the Karnataka Rent Act, 1999 came into force, repealing the 1961 Act. Secti

GENERAL MANAGER NORTHERN RAILWAYS AND ANR.versusSARVESH CHOPRA

2002 INSC 1141 March 2002Appeal(s) allowed

The appellant, General Manager Northern Railways, entered into a construction contract with the respondent, Sarvesh Chopra, which contained both General and Special Conditions. Disputes arose and the respondent filed a petition under Section 20 of the Arbitration Act, 1940 seeking arbitration of six claims. The trial c

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