NATHU@ PARAS RAMversusSTATE OF RAJASTHAN
2006 INSC 76931 October 2006Directions issued
A prisoner, Nathu @ Parasram, filed a Special Leave Petition (SLP) from jail, attaching a certified copy of the High Court judgment. The Supreme Court Registry delayed the first listing by sending for records from lower courts and awaiting translation of vernacular documents into English. The Court examined Order 21, R…
SUKUMARROYversusSTATE OF WEST BENGAL
2006 INSC 77031 October 2006Dismissed
The deceased, Prafulla Nayak, was collecting seedlings from a disputed plot of land when Sukumar Roy, his father, wife and sister‑in‑law entered the field armed with a lathi and a bhali. An altercation ensued and Sukumar struck the deceased on the abdomen with the bhali, causing a deep penetrating wound that led to his…
STATE CBIversusSASHI BALASUBRAMANIAN AND ANR.
2006 INSC 77131 October 2006Appeal(s) allowed
The case arose from allegations of irregularities in the grant of an advance licence for import of cotton fabrics, leading to a criminal complaint against a company, its directors and four public servants under the IPC, Prevention of Corruption Act and Customs Act. The company and its directors filed a declaration unde…
STATE OF MAHARASHTRA AND ORS.versusRAVI PRAKASH BABULALSING PARMAR & ANR.
2006 INSC 74931 October 2006Appeal(s) allowed
The State of Maharashtra appealed against a High Court order that had set aside the cancellation of a Scheduled Tribe (ST) certificate issued to Ravi Prakash BabulalSing Parmar, holding that the Caste Scrutiny Committee lacked jurisdiction to inquire into the validity of the certificate and could only consider document…
M. RAJAversusCEERI EDUCATIONAL SOCIETY PILANI & ANR.
2006 INSC 74831 October 2006Dismissed
The appellant, a trained graduate teacher, was offered a post with pay protection and later joined the school. He claimed that the school was bound to grant him the revised pay scale of the Fifth Central Pay Commission retrospectively from his date of appointment, invoking promissory estoppel based on a letter stating …
M/S. B.S.N. JOSHI AND SONS LTD.versusNAIR COAL SERVICES LTD. AND ORS.
2006 INSC 75031 October 2006Appeal(s) allowed
Maharashtra State Power General Co. (MAHAGENCO) issued a notice inviting tenders for coal liaison services. Four firms submitted bids; the Board accepted the bid of M/s B.S.N. Joshi & Sons Ltd. (the appellant) despite objections from three other bidders that the appellant failed to meet essential conditions – experienc…
PANDIT D. AHERversusSTATE OF MAHARASHTRA
2006 INSC 75131 October 2006Dismissed
The appellant, a Block Development Officer, was charged with serious misconduct causing a loss of Rs 2,85,658 to the government. A departmental inquiry found him guilty and imposed forfeiture of his entire pension and gratuity and ordered recovery of the loss. The appellant challenged the proceedings before the High Co…
COMMISSIONER, CENTRAL EXCISE & CUSTOMS, MUMBAI AND ORS.versusM/S. I.T.C. LTD. AND ORS.
2006 INSC 75431 October 2006Dismissed
The Supreme Court considered whether a show‑cause notice under Section 11‑A of the Central Excise Act, 1944 can be issued before the completion of the assessment proceedings. The appellants argued that a provisional assessment, being an order of assessment, sufficed for invoking Section 11‑A, while the respondents cont…
CHHABIL DASversusPAPPU
2006 INSC 75831 October 2006Dismissed
The mother of the deceased plaintiff filed a suit for permanent injunction against the appellant, claiming possession of land inherited from her husband. The plaintiff died and the appellant, an adopted son, was substituted as legal heir. The trial court dismissed both the suit and the counter‑claim but allowed the sub…
SHYAMAL KUMAR ROYversusSUSHIL KUMAR AGARWAL
2006 INSC 75931 October 2006Dismissed
Shymal Kumar Roy and Sushil Kumar Agarwal entered into a development agreement in 1995. The agreement was exhibited as evidence in a suit for specific performance on 17‑02‑2003 without any objection. Two years later, Roy sought to have the document impounded under Section 38 of the Indian Stamp Act, claiming it was ins…
SANDEEP KUMAR AND ORS.versusMASTER RITESH AND ORS.
2006 INSC 76031 October 2006Appeal(s) allowed
The appellants, shareholders of Dev Papers Ltd., filed a suit against several defendants. An arbitration agreement existed between the appellants and some, but not all, of the defendants. The appellants amended the plaint to delete the names of those defendants who were parties to the arbitration agreement and proceede…
JASBIR SINGHversusPUNJAB & SIND BANK AND ORS.
2006 INSC 76131 October 2006Appeal(s) allowed
Jasbir Singh, a peon employed by Punjab & Sind Bank, was accused of embezzling Rs 25,000, forging a depositor's signature and tampering with bank records. He faced a criminal trial under IPC §§ 409 and 201 and was acquitted, and a civil recovery suit filed by the bank was also decided in his favour, the judgment attain…
THE GOVERNMENT OF ANDHRA PRADESH AND ORS.versusA. VENKATA RAYUDU
2006 INSC 76331 October 2006Dismissed
The Government of Andhra Pradesh dismissed A. Venkata Rayudu, a former General Manager of the Andhra Pradesh Scheduled Tribes Cooperative Finance Corporation, on four misconduct charges relating to the deposit and withdrawal of funds in cooperative and private banks. The primary charge alleged that he violated unspecif…
BANSHI DHARversusSTATE OF RAJASTHAN AND ANR.
2006 INSC 76431 October 2006Dismissed
Banshidhar, a Patwari, was suspended in 1976 on allegations of accepting illegal gratification and was convicted under Section 5(1)(d) of the Prevention of Corruption Act read with Section 161 of the IPC. He was dismissed in 1987 but later acquitted by the appellate court in 2001. By the time of his acquittal he had al…
M.P. WAKF BOARDversusSUBHAN SHAH (D) BY LRS. AND ORS.
2006 INSC 76531 October 2006Disposed off
The Madhya Pradesh Wakf Board had declared a Dargah property as Wakf and constituted a managing committee. Private parties, claiming inheritance of the land, challenged the Board's orders and the Wakf registration, leading to a civil suit that was transferred to the Madhya Pradesh Wakf Tribunal under the Wakf Act, 1995…
JAIPUR DEVELOPMENT AUTHORITYversusRAM SAHAI AND ANR .
2006 INSC 77231 October 2006Case Partly allowed
The Jaipur Development Authority (JDA), a State entity, terminated the services of daily‑wage worker Ram Sahai on 1 July 1987. Sahai had not completed 240 days of continuous service and the Labour Court held that JDA had violated Sections 25G and 25H of the Industrial Disputes Act, 1947, ordering his reinstatement with…
A. ABDUL FAROOKversusMUNICIPAL COUNCIL, PERAMBALUR & ORS.
2009 INSC 98331 July 2009Appeal(s) allowed
The Tamil Nadu Government issued G.O. Ms. No.32 (1998) permitting the erection of statues and arches on highways. After the Tamil Nadu Highways Act, 2001 came into force, the State, through its Secretary, granted permission to install permanent arches on two major district roads. The High Court held that because the ar…
M.M. COOPERATIVE BANK LTD.versusJ.P. BHIMANI & ANR.
2009 INSC 98431 July 2009Dismissed
The Madhavpura Mercantile Cooperative Bank uncovered a large‑scale fraud involving crores of rupees and filed a criminal complaint under several IPC sections against its chairman, managing director, other officers and businessmen, including J.P. Bhimani. The accused was denied bail by the Sessions Court but the Gujarat…
GURIA, SWAYAM SEVI SANSTHANversusSTATE OF U.P. AND ORS.
2009 INSC 98531 July 2009Dismissed
The NGO GURIA, SWAYAM SEVI SANSTHAN rescued over thirty girls from a red‑light area in Varanasi and filed a complaint, leading to charge‑sheets against 23 persons under the Immoral Traffic (Prevention) Act, 1956 and several IPC provisions. The accused applied for bail; the Sessions Judge rejected the applications, but …
BUDHWANTI @ BUDHO RANIversusNIDHAN SINGH @ KAPOOR & ORS.
2009 INSC 98631 July 2009Disposed off
A motor accident caused the death of Khairati Lal and injuries to his wife Sheela Rani and mother Budhwanti. The Motor Accident Claim Tribunal awarded compensation of Rs.4,11,000 for death, Rs.35,000 for the wife's injuries and Rs.85,000 for the mother's permanent disability. The High Court enhanced the death compensat…
STATE OF PUNJAB & ANR.versusMOHAMMED IQBAL BHATTI
2009 INSC 98831 July 2009Dismissed
The respondent, a Block Development and Panchayat Officer, faced an FIR under the Prevention of Corruption Act. The State, through the Minister, initially refused sanction for prosecution on 15‑12‑2002/2003. After a change of government, the same authority granted sanction on 14‑9‑2004 without any new material being pl…
M/S. SARDAR ASSOCIATES & ORS.versusPUNJAB & SINDH BANK & ORS.
2009 INSC 98931 July 2009Appeal(s) allowed
The appellants, borrowers of a public sector bank, sought a one‑time settlement of their non‑performing loan under RBI guidelines, offering to pay Rs 345.31 lacs, but the bank demanded a higher amount and refused. The Debt Recovery Appellate Tribunal directed the bank to settle as per the RBI scheme, a decision later s…
CHALLAMMAversusTILAGA & ORS.
2009 INSC 99031 July 2009Dismissed
The deceased K.T. Subramanya had taken four life insurance policies naming his mother, Challamma, as nominee. After his death, his alleged wife Tilaga and their two children applied for a succession certificate under Section 372 of the Succession Act, 1925, claiming the deceased was married to Tilaga. Challamma contest…
SHESH MANI SHUKLAversusD.I.O.S. DEORIA & ORS.
2009 INSC 99131 July 2009Dismissed
A vacancy for a teacher arose in Satya Prakash Vivekanand Inter College, Deoria. The District Inspector of Schools (DIS) recommended a candidate, Ali Hussain Ansari, within the one‑year period prescribed by the First Removal of Difficulties Order, 1981. The college's Committee of Management ignored this recommendation,…
MUKESH KUMAR AGRAWALversusSTATE OF U.P. & ORS.
2009 INSC 99231 July 2009Dismissed
The appellant, a licensed dealer of high‑speed diesel oil, challenged the cancellation of his licence under the Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981, alleging that the cancellation was based on vague allegations of malice by a political rival an…
M/S. JOHN IMPEX (PVT.) LTD. & ANR.versusATHUL KAPUR & ORS
2009 INSC 99331 July 2009Dismissed
The landlord filed a suit for eviction and recovery of rent arrears against the tenant, which was transferred from the Delhi High Court to the Additional District Judge after a jurisdictional amendment. The tenant received notice of an interlocutory application and the scheduled hearing date of 15 July 2004 but failed …
C.J. PAUL AND ORS.versusDISTRICT COLLECTOR AND ORS.
2009 INSC 98031 July 2009Appeal(s) allowed
The appellants purchased land in Tamil Nadu by deeds dated 1‑Feb‑1990. The Sub‑Registrar became aware of the deeds only on 30‑Mar‑1996 and, in 1998, initiated proceedings under Sections 47A(1) and 198 of the Indian Stamp Act, 1899, to recover deficit stamp duty. The appellants contended that the actions were barred by …
PADMANABANversusSTATE BY INSPECTOR OF POLICE, TAMIL NADU
2009 INSC 98231 July 2009Dismissed
The case involved the murder of Rangasamy, a Naidu community member who supplied electricity to the Adi Dravida community for a festival, leading to a violent retaliation by eight accused who formed an unlawful assembly and assaulted him with casuarina sticks, causing fatal head injuries. The trial court convicted five…
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…
ONKAR LALversusSTATE OF MADHYA PRADESH
2009 INSC 42631 March 2009Dismissed
Onkar Lal, the uncle of the deceased Ramchandra Patidar, was charged with murder under Section 302 IPC for stabbing the victim with a sword during a card game on a moonlit night. The FIR was lodged within an hour of the incident by a person with no animosity towards the accused, and the weapon was later recovered from …
U.O.I.versusBAL MUKUND & ORS.
2009 INSC 42731 March 2009Dismissed
The case concerned the conviction of Bal Mukund, Basanti Lal and a third accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 based primarily on confessional statements recorded after a raid conducted on secret information. The Supreme Court held that the police failed to comply with mandatory statuto…
PINAKI CHATTERJEE & ORS.versusUNION OF INDIA & ORS.
2009 INSC 44031 March 2009Dismissed
RAGHUVIR SINGH MATOLYA & ORS.versusHARI SINGH MALVIYA & ORS
2009 INSC 44131 March 2009Appeal(s) allowed
The appellant, a relative of the deceased Puspa Matolya, challenged the compensation awarded under Section 166 of the Motor Vehicles Act, 1988, arguing that the Tribunal and the High Court had failed to include the dearness allowance and house rent allowance in the deceased's income for computing compensation. The dece…
KRISHNA KUMAR BIRLAversusRAJENDRA SINGH LODHA AND OTHERS
2008 INSC 42431 March 2008Disposed off
The case concerned the grant of probate of a 1999 will of Smt. Priyamvada Devi Birla (PDB) and earlier 1982 mutual wills executed by her and her husband. Several members of the Birla family filed caveats claiming a "caveatable interest" in the estate, while Rajendra Singh Lodha (RSL) sought probate and the discharge of…
NAHAR SINGHversusFOOD CORPORATION OF INDIA & ORS.
2008 INSC 42531 March 2008Dismissed
Nahar Singh, an Assistant Grade‑III clerk in a Food Corporation of India godown, was found responsible for a shortage of 295 bags of wheat and 195 gunny bags discovered during a physical verification in January 1980. A departmental inquiry concluded that Singh, along with the in‑charge, was complicit in the loss, and t…
NATIONAL INSURANCE COMPANY LTD.versusGEETA BHAT & ORS.
2008 INSC 42631 March 2008Dismissed
On 14 November 2000, Ishwar Dutt Bhat died in a road accident caused by a truck insured by National Insurance Co. Ltd. The driver, Gopal Singh, was later found to be holding a fake driving licence. The claimants, Bhat's legal heirs, filed a claim under Section 166 of the Motor Vehicles Act, 1988, and the Motor Vehicles…
SHIVAPPA & ORS.versusSTATE OF KARNATAKA
2008 INSC 42731 March 2008Dismissed
The appellants were charged with murder under Sections 302, 148 and 149 of the IPC for allegedly assaulting Shrishail Shivappa Jagadale, resulting in his death with twenty injuries. The trial court acquitted them, relying on discrepancies between medical evidence on time of death and eyewitness accounts, and on the del…
UCO BANK AND ANR.versusRAJINDER LAL CAPOOR
2008 INSC 42931 March 2008Dismissed
The respondent, a UCO Bank officer, was asked to show cause for disciplinary action just before his superannuation and a disciplinary proceeding was said to be initiated, but a charge sheet was only issued two years later. The bank dismissed him and the respondent challenged the dismissal. The Supreme Court examined wh…
MAHALAKSHMI SUGAR MILLS CO. LTD. & ANR.versusUNION OF INDIA & ORS.
2008 INSC 43031 March 2008Disposed off
The appellants, Mahalakshmi Sugar Mills and Govind Nagar Sugar Ltd., challenged the Central Government's fixation of levy‑sugar prices for the 1983‑84 and 1984‑85 sugar years, arguing that the government ignored the additional price payable to cane growers under clause 5A of the Sugarcane (Control) Order, 1966 and the …
BRIJ MOHAN LALversusUNION OF INDIA AND ORS.
2005 INSC 17131 March 2005
The petition challenged the discontinuation of the Fast Track Courts Scheme after 31 March 2005, arguing that the State’s failure to maintain the scheme would violate the constitutional right to speedy justice under Article 21. The respondents, Union of India and several states, contended that financial constraints and…
HARISHCHANDRA PRASAD MANI AND ORS.versusSTATE OF JHARKHAND AND ANR.
2007 INSC 7931 January 2007Appeal(s) allowed
The complainant alleged that his son was murdered by the accused through a conspiracy, with the body allegedly cremated after a false death certificate. The police investigation culminated in a final report which the Chief Judicial Magistrate accepted, and later, on 12 April 2005, the magistrate took cognizance of the …
M/S. UDAIPUR PHOSPHATES FERTILIZERS LTD.versusUNION OF INDIA AND ANR.
2007 INSC 8031 January 2007Dismissed
The appellant, Udaipur Phosphates Fertilizers Ltd., manufactured Single Super Phosphate (SSP) under the Government's Retention Price and Subsidy Scheme. It applied for re‑endorsement of its plant capacity under Press Note No. 9 (1988) based on actual production between April 1988 and March 1990. The Government approved…
THE PRINCIPAL SECRETARY TO GOVERNMENT FINANCE & PLANNING DEPARTMENTversusA.P. PENSIONERS SAMAJ AND ORS.
2007 INSC 8131 January 2007Directions issued
The petitioners, a group of Andhra Pradesh pensioners, sought to have their pensions re‑fixed under Government Order No.87 dated 25 May 1998, which changed the basis of pension calculation to the last drawn salary. They argued that the revision should apply retroactively to their dates of retirement, even though they r…
MELTON INDIAversusTHE COMMISSIONER TRADE TAX, U.P.
2007 INSC 8231 January 2007Dismissed
Melton India, a manufacturer of metallised plastic films, held an eligibility certificate under Section 4-A of the U.P. Trade Tax Act. The assessing authority rejected its books of account and enhanced its turnover, citing a rise in electricity consumption while reported production fell over three assessment years. The…
TANAJI RAMCHANDRA NIMHANversusSWATI VINAYAK NIMHAN AND ORS
2006 INSC 5131 January 2006Appeal(s) allowed
In a municipal corporation election, the petitioner alleged irregularities in the counting process, including failure to show ballot papers before bundling, improper identification of invalid votes, and that a prize announced for the returning officer caused haste. The Small Causes Court ordered a recount, which the Hi…
L.K.VERMAversusH.M.T. LTD. AND ANR.
2006 INSC 5231 January 2006Dismissed
L.K. Verma, a Safety Officer, was charged with using abusive language and threatening a superior and was placed under suspension. He appealed the suspension to the Labour Commissioner under Rule 14 of the U.P. Factories (Safety Officers) Rules, 1984, but was dismissed from service while the appeal was pending. The Labo…
STATE OF KARNATAKA AND ORS.versusC. LALITHA
2006 INSC 5331 January 2006Appeal(s) allowed
C. Lalitha was appointed as Tehsildar under Karnataka's revised reservation policy and was placed only in the Additional List of Category I Service, not in the notification for Assistant Commissioner. She applied before the Karnataka Administrative Tribunal for appointment as Assistant Commissioner; the Tribunal dismis…
RAJESH RANJAN YADAV & PAPPU YADAVversusCBI THROUGH ITS DIRECTOR
2007 INSC 120930 November 2007Dismissed
The appellants, Rajesh Ranjanyadav and Pappuyadav, had been in custody for over seven years facing serious charges and filed multiple bail applications in the High Court and Supreme Court. They sought bail on grounds of exemplary conduct, the death of their father, lack of incriminating evidence, trial delays, and a me…
CHANDRIKA SINGH (DEAD) BY LRS. AND ANR.versusSARJUG SINGH AND ANR.
2006 INSC 93330 November 2006Appeal(s) allowed
The case concerned land acquired under the Land Acquisition Act that had been mutated in the name of Damoder Mahto. After Damoder's death, his widow Koleshra Devi (Kaulashwari) possessed a share of the land in lieu of maintenance. She executed a deed of gift on 7 May 1960 in favour of the appellants, heirs of Ram Layak…
UTHA MOIDU HAJIversusKUNINGARATH KUNHABDULLA AND ORS.
2006 INSC 93430 November 2006Appeal(s) allowed
The plaintiff, a son who attained majority in 1974, filed a suit in 1981 to set aside a 1963 sale deed by which his maternal grandfather and his siblings purportedly sold his share in family land. The trial court held the suit barred by Article 60 of the Limitation Act, 1963, but the appellate courts reversed, applying…
LANKESHWAR MALAKAR AND ORS.versusR. DEKA AND ORS.
2006 INSC 93530 November 2006Appeal(s) allowed
The plaintiffs, descendants of Durga Malakar, filed a title suit claiming ownership of certain lands based on a will dated 8 October 1958 and a probate order. The defendants asserted title through a sale deed executed by Durga's widow Gandhari and a subsequent deed of exchange. The trial court ruled in favor of the pla…
ANTAR SINGHversusSTATE OF MADHYA PRADESH
2006 INSC 93630 November 2006Dismissed
On 6 July 1993, the deceased Keshrabai and her 15‑year‑old daughter Annuabai were attacked in their home. The appellant, Antar Singh, along with three others entered the house armed with deadly weapons while eight other persons surrounded the house. Badri assaulted the deceased, who suffered eight fatal injuries, inclu…
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 …
INDIAN BANK AND ANR.versusN. VENKATRAMANI
2007 INSC 87930 August 2007Disposed off
N. Venkataramani, an employee of Indian Bank, voluntarily retired after 14 years, 9 months and 17 days of service. The bank denied his claim for pension on the ground that he had not completed the statutory minimum of 15 years. The Madras High Court set aside the bank’s order and directed the grant of pension, interpre…
MAHESH GUPTA AND ORS.versusYASHWANT KUMAR AHIRWAR AND ORS.
2007 INSC 88030 August 2007Disposed off
The State of Madhya Pradesh issued a circular and an advertisement to fill reserved posts for Scheduled Castes, Scheduled Tribes and for handicapped persons. Eight general‑category disabled candidates were selected, while a disabled candidate belonging to a reserved category (SC/ST) was not. The Administrative Tribunal…
RAM PREETI YADAVversusMAHENDRA PRATAP YADAV AND ORS.
2007 INSC 88130 August 2007Disposed off
Mahendra Pratap Yadav (Respondent No.1) had his Intermediate examination result cancelled after using a provisional marksheet to pursue further studies and employment. He challenged the cancellation, and while the Supreme Court set aside the result, it observed that if any rule permitted him to re‑appear, the Board cou…
STATE OF RAJASTHAN AND ORS.versusJAGDISH CHOPRA
2007 INSC 88230 August 2007Disposed off
In Rajasthan, teachers are recruited annually under the Rajasthan Education Subordinate Service Rules, 1971. Jagdish Chopra, placed at serial No.10 in the 1995-96 merit list, was not appointed after the candidate at serial No.8 failed to join and the vacancy was carried forward. He filed a writ petition; the High Court…
A.P.S.R.T.C. REP. BY ITS CHIEF LAW OFFICERversusM. PENTAIAH CHARY
2007 INSC 88330 August 2007Disposed off
The respondent, a 38‑year‑old carpenter with six dependents, was permanently disabled after being hit by a bus owned by the Andhra Pradesh State Road Transport Corporation on 26 January 1995. He claimed damages under Section 166 of the Motor Vehicles Act; the tribunal awarded Rs 85,000 and the High Court enhanced the a…
KIRPAL KAUR ANO ANR.versusV.M. SINGH AND ORS.
2007 INSC 88430 August 2007Disposed off
The case arose from two partition suits settled by a family settlement and a decree directing the execution of a General Power of Attorney and payment of amounts. The Supreme Court had earlier ordered that V.M. Singh deposit the balance amount, which he did, but later sought to withdraw his interlocutory application (I…
SYNDICATE BANKversusESTATE OFFICER & MANAGER, A.P.I.I.C. LTD. & ORS.
2007 INSC 88530 August 2007Matter referred to larger bench
Syndicate Bank advanced a loan to United Auto Tractor Ltd. secured by a mortgage on 51 acres of land allotted by the Andhra Pradesh Government, relying on an allotment letter and a consent letter from the Director of Industries. The land was later partially cancelled and the allotment rescinded by AP ILC, and the bank …
SHAHAZADA BI AND ORS.versusHALIMABI (SINCE DEAD) BY HER LRS.
2004 INSC 41130 July 2004Dismissed
The wife and children of the deceased Essanullah sued for possession of seven rooms in a property they claimed was self‑acquired by Essanullah. Defendants 1‑4 asserted they were tenants‑in‑common and claimed title by adverse possession, each occupying a distinct room. During the suit, Defendant 4 died and the plaintiff…
BABU SINGH & ORS.versusRAM SAHAI @ RAM SINGH
2008 INSC 55930 April 2008Case Allowed
The Supreme Court examined whether a will dated 25‑9‑1981 could be proved under Sections 68 and 69 of the Evidence Act, 1872 and Section 63(1)(c) of the Indian Succession Act, 1925. The will was attested by two witnesses, one of whom had died and the other, Harnek Singh, was alive but was not examined because the plain…
MANDALI RANGANNA & ORS. ETC.versusT. RAMACHANDRA & ORS.
2008 INSC 56030 April 2008Dismissed
The appellants filed a suit seeking a declaration that certain Bangalore properties were joint family assets, along with a preliminary decree of partition and a permanent injunction restraining the defendants from constructing or alienating the land. The defendants contended that the properties had been partitioned in …
SUSHILA RAJE HOLKARversusANIL KAK (RETD.)
2008 INSC 56130 April 2008Dismissed
The dispute arose from a lease agreement where Sushila Raje Holkar leased 16,000 sq ft of a 4.8‑acre property to Anil Kak (Retd.) and claimed that the remaining 1,27,721.6 sq ft was also covered by the lease. The respondent filed suits for specific performance and injunction, while the petitioner filed eviction and ren…
PUNJAB NATIONAL BANK BY CHAIRMAN & ANR.versusASTAMIJA DASH
2008 INSC 56330 April 2008Disposed off
Astamija Dash, a Management Trainee at Punjab National Bank, was terminated after failing to pass the bank's confirmation test despite being given three attempts and citing pregnancy‑related health issues. She claimed discrimination because another trainee, Indubala, was allowed a fourth attempt. The High Court held in…
JOHAR AND OTHERSversusMANGAL PRASAD & ANR.
2008 INSC 11830 January 2008Case Allowed
The appellants were convicted only under IPC s.323 r/w s.34 for causing simple injuries, while the State did not appeal. The complainant filed a criminal revision before the High Court, which re‑examined the entire evidence, criticised the autopsy surgeon, held that the case was actually IPC s.302 with intent to cause …
PUNJAB NATIONAL BANKversusM.L., KALRA AND ANOTHER
2008 INSC 11930 January 2008Case Allowed
M.L. Kalra, an officer of the New Bank of India (later merged with Punjab National Bank), was superannuated on 30 November 1994 while disciplinary proceedings were pending. The bank continued the proceedings and dismissed him on 22 March 1996. Kalra received provisional pension from the date of superannuation up to the…
RAJENDRAN AND OTHERSversusSHANKAR SUNDARAM AND OTHERS
2008 INSC 12030 January 2008Dismissed
The plaintiff obtained a loan of Rs 70.30 lakh, secured by a cheque drawn in the name of a partnership firm, and filed a suit for recovery along with an application for attachment before judgment under Order XXXVIII Rule 5 CPC. The High Court rejected the attachment, holding that the loan was not for the benefit of the…
M/S. SEA LARK FISHERIESversusUNITED INDIA INSURANCE CO. AND ANR.
2008 INSC 12430 January 2008Dismissed
Sea Lark Fisheries, the owner of the vessel 'Sea Lark', obtained a marine insurance policy from United India Insurance through its bank. The vessel sank and the insurer repudiated the claim, alleging non‑seaworthiness and material non‑disclosure of facts such as the qualifications of the master and crew. The High Court…
SADASHIV DADA PATILversusPURSHOTTAM ONKAR PATIL (D) BY LRS.
2006 INSC 102929 December 2006Dismissed
The appellant, a hereditary watandar, claimed that the tenant's notice to purchase the land under Section 32‑G of the Bombay Tenancy & Agricultural Lands Act, 1948 was invalid because it was not served within one year as required by Section 32‑0, and that the proviso to Section 8 of the Maharashtra Revenue Patels (Abol…
COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, SURAT-IIversusM/S. NIRMALA DYECHEM AND ANR.
2006 INSC 92529 November 2006Appeal(s) allowed
The assessee, Nirmala Dyachem, manufactures a product called Domex Power Cleaner/Domex All round Home Cleaner and classified it under heading 38.08 of the Central Excise Tariff Act, 1985 as a disinfectant. The Revenue argued that the product should be placed under heading 34.02, which covers organic surface‑active agen…
DEVENDER SINGHversusSTATE OF HARYANA
2006 INSC 92629 November 2006Appeal(s) allowed
A married woman, Sumitra, died in a fire that also injured her two‑year‑old son and her father‑in‑law, both of whom later died. The husband, Devender Singh, and his brother‑in‑law were prosecuted under IPC sections 306 (abetment of suicide) and 498‑A (dowry harassment) based on letters in which the husband allegedly de…
PREM NARAIN AND ANR.versusTHE STATE OF MADHYA PRADESH
2006 INSC 92729 November 2006Appeal(s) allowed
The appellants Prem Narain and others were convicted under Section 304(II) read with Section 34 of the Indian Penal Code for the murder of Gopal Singh, based primarily on the testimony of two eye‑witnesses, PW‑1 (Ganeshi Bai) and PW‑3 (Kallu). The Supreme Court examined the consistency of their statements and found mat…
GULAB CHAND AGRAWALversusSTATE OF BIHAR AND ORS.
2006 INSC 92829 November 2006Dismissed
Gulab Chand Agrawal, a clerk employed by Siwan Municipality, retired on 31 January 1992. The Bihar Municipal Officers and Servants Pension Rules, 1987 (Rule 4) allowed municipal employees who were on the rolls at the time of the rule’s confirmation and who had subscribed to the Contributory Provident Fund to switch to …
RITESH CHAKARVARTIversusSTATE OF MADHYA PRADESH
2006 INSC 67129 September 2006Appeal(s) allowed
The appellant, Ritesh Chakravarti, was convicted under Section 8 of the NDPS Act for allegedly possessing 1,300 kg of opium seized during a raid based on a secret informer’s tip. The raid was led by a team that included Inspectors Sabiha Khatun and S.K. Bajpai, but only Sub‑Inspector Girwar Puri was examined, and his t…
KURUPPUSAMY AND ANR.versusSTATE OF TAMIL NADU
2006 INSC 67229 September 2006Case Partly allowed
The case arose from a property dispute within a joint family that escalated into a violent quarrel at a bus stop, where the deceased was assaulted with a firewood log and died the next day. Four accused were tried; two were convicted of murder (s.302 IPC read with s.34) and one of voluntarily causing hurt (s.324 IPC), …
KAILASHversusST ATE OF M.P.
2006 INSC 67329 September 2006
The appellant Kailash and two associates entered the deceased Ramkishan’s house armed with an axe, lathi and musal over a land dispute. During a quarrel the deceased received a single blow; the prosecution alleged it was an incised wound caused by the sharp side of the axe, leading to a conviction under Section 302 IPC…
ZILA SAHAKARI KENDRA BANK MARYADITversusSHAHJADI BEGUM AND ORS.
2006 INSC 67429 September 2006Case Partly allowed
A cooperative bank owned a jeep that was requisitioned by the District Election Officer for election duties. The bank's driver, while under the officer's control, was instructed to clean a septic tank at the officer's residence and died due to a gas leak. The driver’s wife claimed compensation under the Workmen's Compe…
FEROZ AHMADversusDELHI DEVELOPMENT AUTHORITY AND ORS.
2006 INSC 67529 September 2006Disposed off
Feroz Ahmad, a Junior Engineer appointed in 1976, sought a pay‑scale upgradation with seniority, which was denied while junior diploma‑holders received the benefit. He filed a writ petition; the Delhi High Court dismissed it, and a Letters Patent Appeal was also dismissed. On appeal, the Supreme Court examined whether …
PUNJAB NATIONAL BANK AND ORS.versusMANJEET SINGH AND ANR.
2006 INSC 67629 September 2006Appeal(s) allowed
Deposit collectors employed under various banks' Daily Deposit Schemes raised an industrial dispute seeking regular pay scales and service conditions. The dispute was referred to the Industrial Tribunal under Section 18(3)(d) of the Industrial Disputes Act, 1947, which awarded their absorption as regular staff and othe…
EVEREST INDUSTRIES LTD. AND ANR.versusBOARD OF TRUSTEES FOR THE PORT OF CALCUTTA AND ORS.
2006 INSC 67729 September 2006Disposed off
The Board of Trustees for the Port of Calcutta, constituted under the Major Port Trusts Act, 1963, owned land leased to Everest Industries Ltd. and another party. Upon lease expiry, a 1996 notification altered the rent schedule, imposing a non‑refundable premium equal to four years' rent and annual rent escalations, re…
KERALA STATE FINANCIAL ENTERPRISES LTD.versusOFFICIAL LIQUIDATOR, HIGH COURT OF KERALA
2006 INSC 67829 September 2006Dismissed
Kerala State Financial Enterprises Ltd., a government company, advanced a loan to Mis Concert Capital Ltd. and its sister concern, which defaulted. The appellant initiated recovery proceedings under the Kerala Revenue Recovery Act, 1968, resulting in attachment of the debtor's assets. While the debtor was undergoing vo…
TULSANversusPYARE LAL AND ORS.
2006 INSC 67929 September 2006Appeal(s) allowed
The parties, who were co‑sharers, filed a suit for permanent injunction which was settled by a consent decree under Order 23, Rule 1 of the CPC allocating shares in the disputed property. The respondents sought mutation of their names in the revenue records based on that decree, but the revenue authorities refused, sta…
SHEELA DEVI AND ORS.versusLAL CHAND AND ANR.
2006 INSC 68029 September 2006Case Partly allowed
The case concerned the devolution of a Mitakshara coparcenary property after the death of Babu Ram in 1989, who left two sons (born 1938 and 1956) and three daughters. The trial court held part of the property to be separate and part ancestral; the appellate courts affirmed, while the High Court held that the pre‑1956 …
COMMISSIONER OF CENTRAL EXCISEversusM/S. INDIAN ALUMINIUM CO. LTD.
2006 INSC 68129 September 2006Dismissed
The Commissioner of Central Excise appealed against the CESTAT order that held zinc dross and flux skimming, by-products of aluminium sheet manufacture, to be non‑excisable. The Revenue argued that the revised Central Excise Tariff (heading 26.20) now classifies such residues as "ash and residues" and that their high a…
BEED DISTRICT CENTRAL CO-OPERATIVE BANK LTD.versusSTATE OF MAHARASHTRA AND ORS.
2006 INSC 68229 September 2006Appeal(s) allowed
The Bank, a co‑operative society, had a gratuity scheme offering 26 days' wages per year of service with a ceiling of Rs 2.5 million. Under the Payment of Gratuity Act, 1972 (as amended), the statutory rate is 15 days' wages with a ceiling of Rs 3.5 million. After retirement, the employees claimed the benefit of both t…
MOTI LAL SARAFversusSTATE OF JAMMU & KASMIR AND ANR.
2006 INSC 68329 September 2006Appeal(s) allowed
Motilal Saraf, a former manager of the State Bank of India, was repeatedly charged under the Jammu & Kashmir Prevention of Corruption Act for allegedly receiving illegal gratification. After an initial charge sheet was quashed by the High Court for lack of a valid sanction, the State filed fresh charge sheets on the sa…
S. CHINNASAMY AND ANR.versusSEED INSPECTOR, COIMBATORE AND ANR.
2006 INSC 68429 September 2006Case Partly allowed
The appellants, S. Chinnasamy and R. Soundarajan, were found operating a seed shop without a valid licence and in violation of the Seeds (Control) Order, 1983. A seed inspector seized a small quantity of cotton and tomato seeds, noted the absence of a price list and records, and the Special Judge convicted them under t…
TARAKESHWAR SAHUversusSTATE OF BIHAR (NOW JHARKHAND)
2006 INSC 66629 September 2006Case Partly allowed
The appellant, Tarakeshwar Sahu, was convicted by the trial court and the Jharkhand High Court of rape under sections 376/511 IPC for forcibly taking a 12‑year‑old girl to his gumti with intent to commit sexual intercourse, although the girl was rescued before any act was completed. The Supreme Court examined whether t…
GHANSHYAMversusSTATE OF M.P. AND ORS.
2006 INSC 66529 September 2006Dismissed
Ghanshyam, a tenant, alleged that his landlord Surya Prasad (respondent No.3) illegally evicted him with armed men on 8 November 1986, causing serious injuries. An FIR under Sections 147 and 307 IPC was lodged and a charge‑sheet filed, but the Public Prosecutor later moved an application under Section 321 of the Crimin…
M/S. NGEF LTD.versusM/S. CHANDRA DEVELOPERS PVT. LTD. AND ANR.
2005 INSC 45929 September 2005Appeal(s) allowed
NGEF Ltd., a joint‑venture sick industrial company, was referred to the Board for Industrial and Financial Reconstruction (BIFR) under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA). BIFR recommended winding up and observed that any sale of the company's assets should be sought from the High Court.…
RAJIV ARORAversusUNION OF INDIA & ORS.
2008 INSC 99029 August 2008Case Partly allowed
Rajiv Arora, a commissioned officer of the Indian Air Force, applied for premature retirement and received a good conduct certificate, but a disciplinary proceeding was later initiated against him with seven charges. A General Court Martial was convened, but the witnesses for the first three charges were not examined, …
NATIONAL INSURANCE CO. LTD.versusABHAYSING PRATAPSING WAGHELA AND ORS.
2008 INSC 99229 August 2008Dismissed
The first respondent, a third‑party rider, suffered severe injuries when a truck insured by National Insurance Co. Ltd. (the appellant) collided with his vehicle. A cheque for the vehicle's premium was tendered before the accident but was later dishonoured; nevertheless, the insurer issued a cover note and, after the a…
CHIEF EXECUTIVE OFFICER, N.S.S.O. & ORS.versusBISWA BHUSAN NANDI
2008 INSC 99329 August 2008Dismissed
The case concerned a matriculate ex‑serviceman with over 15 years of defence service who applied for a Group‑C Data Entry Operator post where the essential qualification was graduation with mathematics or statistics. Under a 1986 DOPT notification and Rule 6 of the Ex‑Servicemen (Re‑employment) Rules, such ex‑serviceme…
K. VILASINI & ORS.versusEDWIN PERIERA & ORS.
2008 INSC 99429 August 2008Dismissed
The appellants (mortgagees) challenged a High Court order that had extended time for the mortgagor to deposit the amount representing the value of improvements on mortgaged property. The trial court had repeatedly extended the deadline under Order XXXIV Rule 5 of the CPC, and the mortgagor eventually deposited the sum.…
RAJU RAMSING VASAVEversusMAHESH DEORAO BHIVAPURKAR & ORS.
2008 INSC 100029 August 2008Appeal(s) allowed
The appellant, a co‑employee of Mahesh Deorao Bhivapurkar, challenged a High Court order that had declared Bhivapurkar a member of the Halba Scheduled Tribe and directed the employer to accept his caste certificate. The Supreme Court held that the High Court's decision was unsustainable, did not create res judicata, an…
M. MEENAKSHI AND ORS.versusMETADIN AGARWAL(D) BY LRS. AND ORS.
2006 INSC 56229 August 2006Appeal(s) allowed
The defendants, owners of excess land under the Urban Land (Ceiling & Regulation) Act, 1976, entered into a sale agreement with the plaintiffs that was expressly conditioned on obtaining a statutory sanction. The competent authority refused the sanction, stating that no 1,000 sq. metres of vacant land were available fo…
RAMDEV FOOD PRODUCTS PVT. LTD.versusARVINDBHAI RAMBHAI PATEL AND ORS.
2006 INSC 56329 August 2006Appeal(s) allowed
Ramdev Food Products Pvt. Ltd., the registered proprietor of the trademark "Ramdev", sued its former family partners who were operating under the name "Ramdev Masala" for infringing its mark by manufacturing and selling spices under that name. The parties had earlier entered into a user agreement and a Memorandum of Un…
HARBHAJAN SINGH AND ANR.versusSTATE OF PUNJAB AND ANR.
2009 INSC 96029 July 2009Dismissed
STATE OF MAHARASHTRAversusDNYANESHWAR LAXMAN RAO WANKHEDE
2009 INSC 96429 July 2009Dismissed
The State of Maharashtra appealed the acquittal of Head Constable Dnyaneswar Laxman Rao Wankhede, who was convicted by a Special Judge for demanding illegal gratification under Section 7(1) of the Prevention of Corruption Act, 1988. The prosecution’s case rested on two panch witnesses; one died during trial and the sur…
DY. COLLECTOR, LAND ACQUISITION, GUJARAT & ANR.versusMADHUBAI GOBARBHAI & ANR.
2009 INSC 96529 July 2009Disposed off
The State of Gujarat acquired large tracts of agricultural and non‑agricultural land in three villages for the construction of a dam, leading to disputes over the compensation payable under Section 23 of the Land Acquisition Act, 1894. The appellants challenged the High Court’s awards, arguing that the market value of …
PRIYA VASANT KALGUTKARversusMURAD SHAIKH & ORS.
2009 INSC 96729 July 2009Dismissed
A nine‑year‑old girl suffered a 10% permanent disability in a motor vehicle accident and claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 72,785, but the Karnataka High Court enhanced the award to Rs 1,12,000 without providing reasons. The Supreme Co…
G. SOMESHWAR RAOversusSAMINENI NAGESHWAR RAO & ANR. ETC.
2009 INSC 96829 July 2009Dismissed
The respondent filed a complaint under Section 138 of the Negotiable Instruments Act alleging that the appellant had issued a pronote and a cheque which later bounced. The appellant claimed the documents were forged and applied to a magistrate for their examination by a handwriting expert; the application was dismissed…
PRABHJOT SINGH MAND & ORS.versusBHAGWANT SINGH & ORS.
2009 INSC 96129 July 2009Disposed off
The dispute concerned inter‑se seniority between direct recruits and promotee officers in the Punjab Civil Services (Executive Branch) Rules, 1976, and the consequent promotion of direct recruits to the Indian Administrative Service. The Punjab High Court had stayed the reversion of a promotee officer without a specifi…
M. YOGENDRA & ORS.versusLEELAMMA N. & ORS
2009 INSC 96229 July 2009Appeal(s) allowed
K. Doddananjundaiah, a coparcener, had three daughters by his first wife and a son Dinesh by a second wife Yashodamma. After K's death, the daughters (appellants) claimed a one‑third share of the partitioned property, contending that the second marriage was void and that Dinesh, born after the Hindu Succession Act 1956…
NAHAR INDUSTRIAL ENTERPRISES LTD.versusHONG KONG & SHANGHAI BANKING CORPORATION
2009 INSC 96629 July 2009Disposed off
Nahar Industrial Enterprises Ltd entered into ISDA derivative contracts with Hong Kong & Shanghai Banking Corp. When disputes arose, Nahar filed a civil suit in Ludhiana seeking a declaration that the contracts were void and an injunction, while the bank filed an application before the Debt Recovery Tribunal (DRT) for …
M/S. STEEL AUTHORITY OF INDIA LTD.versusS.U.T.N.I. SANGAM & ORS.
2009 INSC 97129 July 2009Disposed off
The Steel Authority of India Ltd. (SAIL) acquired land for a steel plant, awarding compensation to landholders; some accepted the award without protest, others accepted under protest and filed applications for reference under Section 18 of the Land Acquisition Act, 1894. The High Court directed the authorities to compl…
KESAR SINGH & ANR.versusSTATE OF HARYANA
2008 INSC 54129 April 2008Case Partly allowed
The appellants Kesar Singh and another were excavating a foundation on land they owned when the victim, the father of a witness, demanded a passage. After being urged to "teach him a lesson," Kesar Singh struck the victim on the head with the reverse side of a spade, causing a serious head injury that led to death afte…
VISWANATHAN & ORS.versusSTATE REP. BY INSPECTOR OF POLICE, TAMIL NADU
2008 INSC 54229 April 2008Disposed off
The Supreme Court examined a gang‑rape case where the victim, a married woman with two children, was found unconscious and naked after being chased and assaulted by six men. The victim suffered no external injuries, and the FIR was lodged a day after the incident. The Court held that lack of injury does not preclude a …
S. RAMA KRISHNAversusS. RAMI REDDY (D) BY HIS LRS. & ORS.
2008 INSC 54329 April 2008Case Allowed
The appellant issued two cheques to the original complainant, who later died. A complaint under Section 138 read with Section 142 of the Negotiable Instruments Act was filed, and an application for substitution of the deceased complainant was made but remained pending. Because the legal heirs of the complainant were ab…
A. SATYANARAYANA REDDY AND ORS.versusTHE PRESIDING OFFICER, LABOUR COURT, GUNTUR & ORS.
2008 INSC 53929 April 2008Matter referred to larger bench
The appellants, former employees of a government‑owned sugar undertaking, opted for a Voluntary Retirement Scheme (VRS) and received the special compensation prescribed by a Government Order. They later claimed lay‑off compensation for a period preceding the VRS, filing applications under Section 33C(2) of the Industri…
HARDEO RAIversusSAKUNTALA DEVI AND OTHERS
2008 INSC 53829 April 2008Dismissed
In 1978 the appellant entered into a sale agreement with the respondent's father, representing that the land was already partitioned among co‑sharers and each held separate possession. The buyer paid part of the price and was given possession, but the seller failed to execute a sale deed, leading the buyer to sue for s…
JAGMOHAN SINGHversusSTATE OF PUNJAB & ORS.
2008 INSC 54029 April 2008Disposed off
Jagmohan Singh applied for a free‑hold residential plot under PUDA's scheme, deposited the required earnest money and was allotted a plot. The letter of intent required him to pay 15% of the price within 60 days, extendable by 30 days, failing which the earnest money would be forfeited. He sought extensions (granted up…
MUMBAI AGRICULTURAL PRODUCE MARKET COMMITTED & ANR.versusHINDUSTAN LEVER LIMITED & ORS.
2008 INSC 54529 April 2008Dismissed
The appellant, Mumbai Agricultural Produce Market Committee, collected market fees and supervision charges on agricultural produce, including vanaspati, after the State of Maharashtra added the item to the Schedule of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963. Respondents Hindustan Lever Ltd…
USHA BRECO MAZDOOR SANGHversusMANAGEMENT OF M/S. USHA BRECO LTD. AND ANR.
2008 INSC 54429 April 2008Dismissed
The case concerned a dispute between the union USHA BRECO MAZDOOR SANGH and the management of M/s. USHA BRECO Ltd. over disciplinary action taken against two union leaders. The Labour Court, exercising jurisdiction under s.11‑A of the Industrial Disputes Act, 1947, upheld the validity of the domestic enquiry, re‑apprec…
GOVT. OF A.P. AND ORS.versusK. BRAHMANANDAM AND ORS.
2008 INSC 54629 April 2008Case Partly allowed
Seven teachers were appointed in a private‑management school without complying with the Andhra Pradesh Educational Institutions Rules, 1993 – no prior permission, no advertisement, and no approval of appointments. Their services were not approved and they received no salary, prompting writ petitions that the High Court…
M/S. ORMI TEXTILES & ANR.versusSTATE OF U.P. & ORS.
2008 INSC 54729 April 2008Case Partly allowed
M/S Ormi Textiles, a partnership, obtained loans from the State Financial Corporation (SFC) secured by a mortgage on 800 sq. yards of its 1100 sq. yards industrial land. After the industrial unit became sick and defaulted, the SFC issued a notice under Section 29 of the State Financial Corporations Act, 1951, seeking t…
UDAYKUMAR PANDHARINATH JADHAV @ MUNNAversusSTATE OF MAHARASHTRA
2008 INSC 55029 April 2008Case Partly allowed
Udaykumar Pandharinath Jadav (Munna) was convicted under Section 302 IPC for the murder of Shivraj. Two eye‑witnesses testified, and one witness, in cross‑examination, stated that the deceased first attacked the accused with a knife, leading to a scuffle in which the accused disarmed and stabbed the deceased. The accus…
KAMALA & ORS.versusK.T. ESHWARA SA & ORS.
2008 INSC 55229 April 2008Case Allowed
The appellants filed a partition suit seeking declaration of their share in joint family property, relying on a preliminary decree that had earlier fixed their share. The respondents moved an application under Order VII Rule 11(d) of the CPC seeking rejection of the plaint on the ground that the suit was barred by law,…
ORIENTAL INSURANCE CO. LTD.versusZAHARULNISHA & ORS.
2008 INSC 55329 April 2008Case Partly allowed
The Motor Accident Claims Tribunal awarded Rs. 3,01,500 as compensation to the family of Shukurullah, who died after being hit by a scooter driven by Ram Surat, who held only a Heavy Motor Vehicle licence and not a valid licence for a two‑wheeler. Oriental Insurance Co. Ltd., the insurer of the scooter, appealed, argui…
MACHINDRANATH KERNATH KASARversusD.S. MYLARAPPA & ORS.
2008 INSC 55629 April 2008Dismissed
A bus owned by the Karnataka State Road Transport Corporation collided with a truck, injuring several passengers and the bus driver. Both the passengers and the driver filed claim petitions under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal. The Tribunal held the bus driver negl…
UNION OF INDIA AND ANR.versusS.L. VERMA AND ORS
2006 INSC 92128 November 2006Dismissed
The Union of India appealed a High Court order that had allowed a group of former Bureau of Indian Standards employees, who were members of the Contributory Provident Fund (CPF) scheme, to be deemed members of the pension scheme without any liability on the Union. The employees had not exercised the option to remain in…
ROMESH LAL JAINversusNAGINDER SINGH RANA AND ORS.
2005 INSC 54028 October 2005Appeal(s) allowed
The case arose from a FIR lodged by a Sub‑Inspector (the respondent) against M/s Jain Gas Agency under the Essential Commodities Act, which the appellant claimed was false and alleged that the officer had misappropriated gas cylinders and accepted a bribe. The Special Judge directed the investigating officer to obtain …
BISHNA@ BHISWADEB MAHATO AND ORS.versusSTATE OF WEST BENGAL
2005 INSC 54128 October 2005Disposed off
The case arose from a violent altercation over a disputed plot of land in Bhadsa village, where the accused, armed with various weapons, chased and assaulted the complainants, resulting in the death of Prankrishna Mahato and injuries to several others. The accused claimed private defence of property and person, arguing…
TRILOKI NATH AND ORS.versusSTATE OF U.P.
2005 INSC 54228 October 2005Dismissed
The appellants, who owned a plot of land, removed wood that villagers had piled for Holika Dahan and chased a servant away. A confrontation ensued about 300 paces from the plot, during which the accused Jitendra fired a shot killing Nanhe. The trial court convicted the accused under Sections 302 and 149 IPC; the High C…
PUNJAB AND SIND BANK AND ORS.versusMOHINDER PAL SINGH AND ORS.
2005 INSC 53828 October 2005
Amarjit Singh Sahni, a cashier‑clerk of Punjab and Sind Bank, applied for voluntary retirement under the bank's scheme (effective 1‑31 Dec 2000) but withdrew his application on 22 Dec 2000 before the bank had accepted it. The bank later treated him as relieved from service on 28 Jan 2001 and denied his reinstatement, d…
RAM NANDAN SINGH AND ORS.versusAG OFFICE EMPLOYEES CO-OP HOUSE CONSTRUCTION SOCIETY, RANCHI AND ORS.
2007 INSC 99628 September 2007Appeal(s) allowed
The case concerned members of the AG Office Employees Co‑op House Construction Society who challenged irregularities in the society’s management and amendments allowing outsiders to obtain land. An enquiry by the Registrar of Cooperative Societies under the Bihar Cooperative Societies Act led to the suspension of the m…
G. JAYALAKSHMI & ORSversusARULMIGHU PAZKHIKANCHIYA VINAYAGAR & ITS TEMPLE
2009 INSC 95528 July 2009Disposed off
The Supreme Court examined a dispute over whether a shop property belonged to a public temple or to private parties. The temple had previously been declared a public temple in earlier litigation, but the nature of the disputed property was unclear. The Court held that the character of the temple property and the shop p…
STATE OF MADHYA PRADESH & ORS.versusRAMESH CHANDRA BAJPAI
2009 INSC 95628 July 2009Appeal(s) allowed
The respondent, a Physical Training Instructor in a Government Ayurvedic College, claimed that his pay should be fixed at the UGC scale granted to teachers in the School Education Department. The High Court had ordered his pay to be fixed in that scale, relying on the doctrine of equal pay for equal work. On appeal, th…
FIRDOUS OMER (D) BY LRS. AND ORS.versusBANKIM CHANDRA DAW (D) BY LRS. AND ORS.
2006 INSC 47828 July 2006Appeal(s) allowed
The plaintiffs filed a suit for declaration of tenancy and injunction, but the plaintiff died and his legal representatives were added. After years of inactivity, the suit was posted before the trial judge under Rule 35 of the Calcutta High Court Original Side Rules and dismissed for non‑prosecution; the dismissal orde…
TALCHER MUNICIPALITYversusTALCHER REGULATED MKT. COMMITTEE AND ANR.
2004 INSC 40628 July 2004Dismissed
Talcher Municipality constructed a market under the Orissa Municipal Act. The Talcher Regulated Market Committee, invoking Section 4(4) of the Orissa Agricultural Produce Markets Act, 1956, requisitioned the transfer of the market to itself. The municipality failed to comply, leading to a writ petition in the Orissa Hi…
JAYAMMAversusMARIA BAI DEAD BY PROPOSED LRS. AND ANR.
2004 INSC 40728 July 2004Dismissed
Jayamma, the holder of a Will dated 20 February 1984 executed by the deceased tenant‑occupier Anthony Rebello, applied under Section 276 of the Indian Succession Act for letters of administration. The wife and children of the deceased contested the Will, alleging it was invalid. The trial court held the Will valid, but…
P. D'SOUZAversusSHONDRILO NAIDU
2004 INSC 40828 July 2004Dismissed
The plaintiff, P. D'Souza, sued Shondrilo Naidu for specific performance of a sale agreement in which the parties were to exchange a building for a fixed price by 5‑Dec‑1978. The defendant had mortgaged the property, failed to produce original title documents and did not redeem the mortgage, thereby preventing executio…
YOGESH @ SACHIN JAGDISH JOSHIversusSTATE OF MAHARASHTRA
2008 INSC 53428 April 2008Appeal(s) allowed
The appellant, a minor at the time, was alleged to have conspired with his family members, an employee and a friend to murder Kunal Parihar, the complainant's son, based largely on threatening phone calls and a motive of a disputed marriage. The prosecution charged the appellant and fifteen others under Sections 302, 1…
NEW INDIA ASSURANCE CO. LTD.versusHARSHADBHAI AMRUTBHAI MODHIYAND ANR.
2006 INSC 26328 April 2006Appeal(s) allowed
An employer had taken a Workmen's Compensation insurance policy with New India Assurance. After a workman's death, the Workmen's Compensation Commissioner awarded Rs. 2,25,220 plus 9% interest and directed the insurer to pay the amount. The insurer appealed, contending that its policy expressly excluded liability for i…
P.D. AGRAWALversusSTATE BANK OF INDIA AND ORS.
2006 INSC 26428 April 2006Dismissed
P.O. Agrawal, a junior manager of State Bank of India, was repeatedly accused of misbehaving with senior officers and customers, leading to suspension and a series of disciplinary proceedings. After being acquitted in criminal trials, the bank’s disciplinary authority dismissed him, despite one charge being disproved. …
OSWAL WOOLEN MILLS LTD.versusPUNJAB STATE ELECTRICITY BOARD & ANR.
2006 INSC 26528 April 2006Disposed off
Oswal Woolen Mills Ltd., an industrial electricity consumer, was subjected to a 17.5% surcharge by the Punjab State Electricity Board (PSEB) under circulars dated 21‑Jan‑1991 and 03‑May‑1991, which stipulated payment until the mill upgraded its supply from 11 kV to 33 kV or higher. The mill challenged the levy, arguing…
SURENDRA SINGH@ BITTUversusSTATE OF UTTARANCHAL
2006 INSC 26628 April 2006Case Partly allowed
The appellant Surendra Singh was prosecuted for the death of Ram Singh after a dispute over cattle damage to agricultural fields. The prosecution alleged that after a heated exchange and scuffle, the appellant’s elder brother Rajendra Singh urged him to kill Ram Singh, leading the appellant to fire a single shot that s…
INDU SHEKHAR SINGH AND ORS.versusSTATE OF U.P. AND ORS.
2006 INSC 26728 April 2006Appeal(s) allowed
Four former employees of U.P. Jal Nigam were deputed to the Ghaziabad Development Authority. The State offered them permanent absorption into the Development Authority Centralised Service on the condition that their past service in Jal Nigam would not be counted for seniority and that they would rank below officers app…
ICICI BANK LTD.versusSIDCO LEATHERS LTD. AND ORS.
2006 INSC 26828 April 2006Appeal(s) allowed
ICICI Bank and two other banks (first charge holders) and Punjab National Bank (second charge holder) had secured loans to Sidco Leathers Ltd., which was wound up and an Official Liquidator appointed. The first charge holders filed a suit in the Debt Recovery Tribunal and lodged a claim with the Official Liquidator, wh…
UNION OF INDIAversusMIS. MILLENIUM MUMBAI BROADCAST PVT. LTD.
2006 INSC 26928 April 2006Dismissed
The Union of India granted FM broadcasting licences to ten operators, including Millenium Mumbai Broadcast Ltd., with a requirement to co‑locate transmission facilities. Five operators defaulted, leading the licensor to allow the remaining five to use interim facilities and later require them to pay an increased licenc…
PRESIDENT, SUICversusSTATE OF KERALA AND ORS.
2006 INSC 18228 March 2006Disposed off
The President of the Southern India Undivided Church (SIUC) challenged Kerala State notifications that treated Hindu Nadars and Christian Nadars as a single Other Backward Class for reservation purposes under Article 16(4) of the Constitution. The Kerala High Court had held those notifications illegal, directing that t…
KASHI RAM & OTHERSversusSTATE OF RAJASTHAN
2008 INSC 10828 January 2008Dismissed
The dispute involved a 21‑bigha agricultural plot where the accused, claiming possession, went armed to retake the land from the complainant party who were unarmed and cultivating it. The accused attacked the complainants, causing serious injuries and the death of Balu Singh. They were convicted by the Sessions Court u…
GHASITA SAHUversusSTATE OF MADHYA PRADESH
2008 INSC 11128 January 2008Dismissed
Ghasita Sahu was convicted under the NDPS Act for possession of 17.75 kg of ganja after his house was searched by the investigating officer, who offered him the option of a search in the presence of a gazetted officer, which he declined. The appellant challenged the legality of the search, arguing that the panchas pres…
STATE OF KERALA AND ANRversusCHANDRAMOHANAN
2004 INSC 6328 January 2004Appeal(s) allowed
The State of Kerala appealed a Kerala High Court order that quashed charges under Sections 3(i) and 3(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the ground that the victim’s family had converted to Christianity two centuries earlier and therefore ceased to be members of a …
M.C.MEHTAversusUNION OF INDIA AND ORS.
2006 INSC 91327 November 2006Disposed off
The Supreme Court examined a Public Interest Litigation concerning the Taj Heritage Corridor project, which alleged irregularities and unauthorized release of Rs. 17 crore. The Court had earlier ordered a CBI inquiry and later directed the CBI to register an FIR and investigate senior officials. The Director of CBI sub…
AMARSINGH MUNNASINGH SURYAWANSHIversusSTATE OF MAHARASHTRA
2007 INSC 98227 September 2007Dismissed
The appellant, Amarsingh MunnaSingh Suryawanshi, was convicted under Section 302 IPC for allegedly pouring kerosene on his wife and setting her ablaze. The prosecution’s case rested solely on two dying declarations recorded by a head constable and a special judicial magistrate, both of which were taken after medical of…
RAMESHversusSTATE OF KARNATAKA
2009 INSC 94727 July 2009Appeal(s) allowed
The case involved five accused in the murder of a truck cleaner and the grievous injury of the driver under sections 302 and 307 IPC. No test identification parade (TIP) was conducted and the appellant (Accused No.3) was not named in the FIR. The trial court relied on the driver’s in‑court identification of the appella…
STATE OF MAHARASHTRA & ORS.versusSWANSTONE MULTIPLEX CINEMA (P) LTD
2009 INSC 94827 July 2009Appeal(s) allowed
The State of Maharashtra appealed a High Court order that quashed demand notices issued to Swanstone Multiplex Cinema Ltd. for entertainment duty collected during a period of statutory exemption. The multiplex had collected the full 45% duty from patrons even though the Act provided a three‑year full exemption and a tw…
BHASKAR LAL SHARMA & ANR.versusMONICA
2009 INSC 94927 July 2009Appeal(s) allowed
The Supreme Court heard an appeal by Bhaskar Lal Sharma and Vimla Sharma against a Delhi High Court order that quashed a summoning order issued under Sections 498A, 403, 405, 406 and 34 of the IPC. The Court examined the complaint filed by Monica, the wife of Vikas Sharma, and found that the allegations did not satisfy…
D. RAMAKRISHNANversusINTELLIGENCE OFFICER NARCOTIC CONTROL BUREAU
2009 INSC 95027 July 2009Dismissed
The appellant (Accused No.2) and his co‑accused were convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 for unauthorised export of alprazolam, lorazepam and nitrazepam, drugs listed in the Schedule of the Act. The appellant contended that the alleged offence should be dealt with under the D…
MONICAversusSATISH SHARMA & ANR.
2009 INSC 95127 July 2009Dismissed
Monica filed criminal proceedings against her husband Satish Sharma and in‑laws, and sought attachment of a jointly‑owned property in Jaipur under Section 83 of the CrPC. She later moved transfer petitions to shift the revision petition, the execution proceedings, and a Section 482 petition from the courts in Jaipur to…
V. PADMANABHAMversusGOVERNMENT OF ANDHRA PRADESH & ORS.
2009 INSC 95227 July 2009Dismissed
V. Padmanabham, a Deputy Tehsildar and Director of Civil Supplies, was suspended in 1993 for supplying essential commodities meant for public distribution to private parties, causing a loss of about Rs.12.46 lakh to the State. A departmental enquiry found him guilty and dismissed him in 1994; his appeal was rejected. H…
ASSISTANT COMMR. (CT) LTU AND ANR.versusAMARA RAJA BATTERIES LTD.
2009 INSC 95427 July 2009Disposed off
The Supreme Court examined the interpretation of Government Order (G.O.) No.108 dated 20‑05‑1996, issued by the Government of Andhra Pradesh under its Target‑2000 industrial policy, which granted sales‑tax deferment/exemption to existing units expanding their capacity. The respondents, industrial units, claimed the ben…
COMMISSIONER OF INCOME TAX, CHENNAIversusM/S. ALAGENDRAN FINANCE LTD.
2007 INSC 78727 July 2007Dismissed
Mis. Alagendran Finance Ltd. filed income‑tax returns for assessment years 1994‑95, 1995‑96 and 1996‑97, claiming a deduction under the Lease Equalisation Fund (LEF). The assessment orders accepted the LEF claim. In 2004 the Assessing Officer initiated reassessment proceedings for three unrelated items (share‑issue exp…
MUNICIPAL CORPORATION OF DELHIversusQIMAT RAI GUPTA & ORS.
2007 INSC 78827 July 2007Appeal(s) allowed
The Municipal Corporation of Delhi issued a notice under s.126 of the Delhi Municipal Corporation Act, 1957 to revise the rateable value of a property effective 1‑April‑1996. The assessing officer signed the assessment order on 31‑March‑2000, which was communicated to the owners on 17‑April‑2000. The owners appealed, c…
R.S. GARGversusSTATE OF U.P. AND ORS.
2006 INSC 47527 July 2006Appeal(s) allowed
The appellant R.S. Garg challenged the promotion of a Scheduled Caste employee (the 3rd respondent) to Deputy Director of Factories (Administration) in Uttar Pradesh. The employee had been appointed on an ad‑hoc basis in violation of the Uttar Pradesh Labour Department (Factories and Boilers Division) Officers Service …
UGRE GOWDAversusNAGEGOWDA (DEAD) BY LRS. AND ORS.
2004 INSC 40327 July 2004Appeal(s) allowed
Nagegowda sued claiming he was the adopted son of widow Smt. Sannananjamma and that an adoption‑cum‑settlement deed gave him absolute ownership of a suit property, also seeking to declare a later gift deed by the widow void. The trial court dismissed the suit for lack of proof of adoption and because the deed was unsta…
BIKOBA DEORA GAIKWAD & ORS.versusHIRABAI MARUTIRAO GHORGARE
2008 INSC 73427 May 2008Dismissed
The parties were involved in a partition suit filed in 1969, which resulted in a decree on 27 June 1975 declaring each party's one‑third share and directing that the partition be effected by the Collector under Section 54 of the Code of Civil Procedure. The trial court failed to send the decree to the Collector, and af…
SWAMI SHANKARANANDversusMAHANT SRI SADGURU SARNANAND ETC. & ORS
2008 INSC 73527 May 2008Dismissed
The case concerned an application under Section 92(1)(f) of the Code of Civil Procedure for sanction to sell a piece of land belonging to a religious public trust (Garhwaghat Math). The District Judge granted the sanction, after which Swami Shankaranand, a disciple and in‑charge of another Math, appealed, claiming an i…
SUBHA B. NAIR & ORS.versusSTATE OF KERALA & ORS.
2008 INSC 73627 May 2008Dismissed
The appellants sought to compel a cooperative bank in Kerala to fill seven additional clerk/cashier vacancies, arguing that the Registrar's approval was not required and that the bank's financial health should not affect cadre strength. The High Court had directed the bank to fill the vacancies, but the Supreme Court h…
VIMAL CHADHAversusVIKAS CHOUDHARY AND ANOTHER
2008 INSC 73727 May 2008Appeal(s) allowed
The case involved the kidnapping, ransom demands and subsequent murder of Parkash Chadha. Respondent No.1, Vikas Choudhary, initially did not claim to be a juvenile but later applied for transfer to the Juvenile Justice Board, producing a school leaving certificate. The trial court relied on a medical bone‑age report a…
DILBAGH SINGHversusSTATE OF PUNJAB
2008 INSC 73827 May 2008Dismissed
The appellant, Dilbagh Singh, was convicted for the murder of his brother's sibling, Jagmail Singh, who was shot dead on 9 May 1992 during a dispute over extremist activities. The prosecution proved that Dilbagh Singh, along with Jasbir Singh and an unknown accomplice, opened fire with government‑issued rifles, killing…
M. SARAVANA PORSELVIversusA.R. CHANDRASHEKAR @ PARTHIBAN & ORS.
2008 INSC 73927 May 2008Dismissed
The wife and husband entered into a registered customary divorce agreement in 1996, with the wife receiving permanent alimony. The husband remarried in 1998, and ten years later the wife filed a complaint alleging cruelty under Section 498A IPC and bigamy under Section 494 IPC, leading to an FIR. The High Court exercis…
DR. MONICA KUMAR & ANR.versusSTATE OF U. P. & ORS.
2008 INSC 74027 May 2008Disposed off
Dr. Monica Kumar and her brother filed petitions under s.482 CrPC to quash two criminal cases filed against them while they were MBBS students, alleging that the complaints were motivated by the vindictive actions of the college chairman, Dr. P. Mahalingam, after a loan dispute. The High Court refused to quash the proc…
KHODAY DISTILLERIES LIMITEDversusTHE SCOTCH WHISKY ASSOCIATION AND OTHERS
2008 INSC 74127 May 2008Appeal(s) allowed
Khoday Distilleries Ltd (now Khoday India Ltd) manufactured whisky under the mark 'Peter Scot' and obtained registration in 1968. The Scotch Whisky Association and two respondents learned of the registration in 1974 but only filed an application for rectification in 1986, alleging that the mark was not distinctive and …
RAJPAL AND ANRversusSTATE OF HARYANA
2007 INSC 47627 April 2007Appeal(s) allowed
On 5 August 1990 the deceased Sohan Lal was allegedly attacked by brothers Raj Pal and Jai Pal, who were said to have struck him with a pharsi and a lathi, leading to his death. The trial court convicted them under Section 302 read with Section 34 of the IPC and sentenced them to life imprisonment, a decision upheld by…
RAVI@ RAVICHANDRANversusSTATE REP. BY INSPECTOR OF POLICE
2007 INSC 47727 April 2007Case Allowed
The appellant Ravi and co-accused U were charged with murder under Sections 302, 307 and 120B IPC. The FIR was lodged against unknown persons and did not contain any identification marks. Police photographed the accused at the police station and the photographs were published in a local daily, naming them as the perpet…
V.K.PURIversusCENTRAL BUREAU OF INVESTIGATION
2007 INSC 48027 April 2007Dismissed
V.K. Puri, a customs officer, was charged under the Prevention of Corruption Act, 1988 (s.13(2) read with s.13(1)(e)) for possessing assets disproportionate to his known sources of income during the 1988‑2002 check period. He owned bank accounts and immovable property in Delhi, the rental income from a Delhi flat being…
RAMKRUSHNAversusSTATE OF MAHARASHTRA
2007 INSC 48127 April 2007Dismissed
The appellant, Ramkrushna, was convicted for the murder of his brother‑in‑law Baliram during a property dispute. The prosecution proved that the accused entered the house armed with a knife and a stick, assaulted the deceased, and that the victim sustained multiple injuries leading to death. Key evidence included the t…
LABHAversusSTATE OF UTTRANCHAL
2007 INSC 48227 April 2007Dismissed
The appellant, armed with a knife, inflicted three blows on the victim who had been restrained by two co‑accused after a dispute over a Rs 5 loan. The victim died from injuries to the chest and back. The trial court convicted the appellant under Section 302 of the Indian Penal Code for murder and acquitted the other th…
RAMAPPA HALAPA PUJAR AND ORS.versusSTATE OF KARNATAKA
2007 INSC 48327 April 2007Dismissed
The case arose from a land dispute in which the deceased Ratnavva and her sons were attacked by several accused who tied the deceased to an electric pole, stripped her, and repeatedly assaulted her until she died. The trial court acquitted all accused, relying mainly on the testimony of the first informant and dismissi…
JODHRAJ SINGHversusSTATE OF RAJASTHAN
2007 INSC 48427 April 2007Dismissed
The appellant Jodharaj Singh was convicted under Section 302 IPC read with Section 34 for the murder of Vishava Priya, based on an FIR that named him and detailed each accused's role. Although several prosecution witnesses turned hostile during the trials, the trial court and High Court relied primarily on the first in…
STATE OF HIMACHAL PRADESHversusUTTAM KUMAR AND ORS.
2007 INSC 48527 April 2007Appeal(s) allowed
The State of Himachal Pradesh prosecuted Uttam Kumar and others for the murder of Ramesh Kumar. The prosecution relied on circumstantial evidence, last‑seen testimony, and several disclosure statements made by the accused that led to the recovery of the victim’s body and related items. The trial court convicted the acc…
AMBARAMversusSTATE OF M.P.
2007 INSC 48627 April 2007Dismissed
The appellant, Ambaram, along with several others, was drinking near the house of Savitribai and, after being asked to desist, assaulted her and her brother Prem Singh. Prem Singh intervened, was struck on the head with the blunt side of Ambaram's axe, and later died from injuries that also included a punctured abdomen…
M/S. HAMDARD (WAKF) LABORATORIESversusDEPUTY LABOUR COMMR. AND ORS.
2007 INSC 48727 April 2007Appeal(s) allowed
The employer, Mis. Hamdard (Wakf) Laboratories, terminated 37 workmen alleging an illegal strike, leading to an industrial dispute and an award reinstating 17 workers with 50% back‑wages. The workmen later filed applications under Section 6‑H(l) of the U.P. Industrial Disputes Act seeking bonus, which the Labour Commis…
S.T. KRISHNAPPAversusSHIVAKUMAR AND ORS.
2007 INSC 48827 April 2007Dismissed
The case concerned whether a son adopted by his father's brother under a deed that did not specify the dvyamushyayana form could be presumed to be such, thereby preserving his status as a coparcener in his natural father's joint family property. The appellant argued that Section 483(3) of Mulla's Principles of Hindu La…
UNION OF INDIA AND ORS.versusSANGRAM KESHARINAYAK
2007 INSC 48927 April 2007Dismissed
Sang Ram Keshari Nayak, a railway officer, was recommended for promotion by the Departmental Promotion Committee (DPC) but the DPC invoked a sealed‑cover procedure under a 1993 government circular because a vigilance case was pending. The chargesheet, however, was issued only after the DPC meeting and after his junior …
ARUNIMA BARUAHversusUNION OF INDIA AND ORS.
2007 INSC 49027 April 2007Dismissed
The appellant, a confirmed employee of the Indian Council for Child Welfare, challenged her termination by filing a suit in the District Court and seeking an interim injunction. She subsequently filed a writ petition under Article 226 of the Constitution without disclosing the pending suit, later withdrawing the suit. …
L. USHADEVIversusUNION OF INDIA & ORS.
2007 INSC 49127 April 2007Dismissed
L. Ushadevi, a resident of Kerala originally from Tamil Nadu, was appointed as Quality Supervisor in the Marine Products Export Development Authority on the basis of a community certificate issued by Tamil Nadu authorities stating she belonged to the Konda Reddi Scheduled Tribe. The employer later issued a show‑cause n…
BINAPANI PAULversusPRATIMA GHOSH AND ORS.
2007 INSC 49427 April 2007Appeal(s) allowed
Dr. Ashutosh Ghosh purchased a house in 1935 in the name of his wife Suprovabala Ghosh by executing a power of attorney, which was later mutated in her name. After her death, the daughters, including Binapani Paul, obtained mutation of the property in their names and filed a suit for partition against their brother Ama…
P. CHANDRASEKHARAN AND ORS.versusS. KANAKARAJAN AND ORS.
2007 INSC 49527 April 2007Dismissed
P. Chandrasekharan and others appealed to the Supreme Court against a Madras High Court order that allowed the cross‑objections of the respondents in a suit for possession of two parcels of land. The appellants argued that the High Court had erred by ignoring documentary evidence and misinterpreting the deed of sale, t…
LG. (KARMIK) AND ORS.versusPRAHALAD MANI TRIPTHI
2007 INSC 49627 April 2007Appeal(s) allowed
The son of a constable who died in harness applied for a compassionate appointment as a constable but was found ineligible on physical standards and was appointed as a peon, which he accepted without objection. He later sought to be absorbed in a higher Class III post, and the Uttar Pradesh Service Tribunal directed su…
BIKASH BHUSHAN GHOSE AND ORS.versusM/S. NOVARATIS INDIA LIMITED AND ORS.
2007 INSC 49727 April 2007
The appellants, workmen of Novartis India Ltd., were transferred from Calcutta to other locations and challenged the transfer orders as illegal and motivated by trade‑union activities. While a conciliation proceeding was pending, the employer terminated their services for not obeying the transfers. The dispute was refe…
BHARAT PETROLEUM CORPN. LTD.versusMADDULA RATNA VALLI AND ORS.
2007 INSC 49827 April 2007Dismissed
Bharat Petroleum Corporation Ltd., a government company, claimed a statutory right to renew a lease originally granted to Burmah Shell under the Burmah Shell (Acquisition of Undertakings in India) Act, 1976. The lease, with a nominal rent of Rs 50 per month, had expired in 1985 and the company issued a notice in 1989 t…
GUDDU @ SANTOSHversusSTATE OF MADHYA PRADESH
2006 INSC 26027 April 2006Case Partly allowed
The appellant, Guddu, was accused of raping a minor girl, Sushama, after entering her home while her parents were away, removing her underwear and sitting on her. The victim, her mother, and her grandfather testified to the incident, and a medical examination revealed swelling and redness of the genitalia with an intac…
C.K. SASANKANversusTHE DHANALAKSHMI BANK LTD.
2009 INSC 27327 February 2009Case Partly allowed
The appellant, C.K. Sasankan, sought recovery of a loan taken by his father from Dhanalakshmi Bank and challenged the interest awarded by the Debt Recovery Tribunal, which was 25% from filing to judgment and 19.4% thereafter. He argued that such rates were excessive and violated Section 34 of the Code of Civil Procedur…
NIFTY CHEMICALS PVT. LTD.versusUNION OF INDIA
2009 INSC 27427 February 2009Disposed off
The petitioners, non‑core linked coal consumers, had paid an extra amount (one‑third of the enhanced price) under an interim Supreme Court order pending the validity of the E‑auction scheme. The scheme was later declared ultra vires of Article 14 and the coal company undertook to refund the extra amount with 12% intere…
RAMESH KUMARversusSTATE OF HARYANA
2008 INSC 26227 February 2008Dismissed
Six persons were convicted for gang-raping a married woman under IPC sections 376(2)(g), 506 r/w 149 and 148. The trial court sentenced three, including Ramesh Kumar, to life imprisonment and the other three to ten years; the High Court upheld these convictions and reduced the ten‑year sentences to time already served.…
SADANANDA HALO & OTHERSversusMOMTAZ ALI SHEIKH & ORS.
2008 INSC 26327 February 2008Appeal(s) allowed
The case concerned the recruitment of constables in Assam, where about 2 lakh candidates applied for 5,500 vacancies. Unsuccessful candidates filed writ petitions challenging the selection process on grounds such as postponement of interview dates, removal of district‑wise restrictions, allocation of 50 marks for viva …
SAYED ABUL ALAversusUNION OF INDIA AND ORS.
2007 INSC 98026 September 2007Appeal(s) allowed
The appellant, Sayed Abul Ala, was arrested for possession of large quantities of heroin and other narcotics and was remanded to judicial custody. While still in custody, he was detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 on the ground that he was likely to b…
K.R. MOHAN REDDYversusM/S NET WORK INC. REP. TR. M.D.
2007 INSC 98126 September 2007Disposed off
The respondent firm sued the appellant for recovery of a dishonoured cheque issued after the appellant retired from a partnership. The trial court dismissed the suit without specifically addressing the appellant's claim of fraud and forgery. On appeal, the respondent filed an application under Order 41 Rule 27 of the C…
BALBIR SINGH AND ANR.versusSTATE OF PUNJAB
2006 INSC 65626 September 2006Case Partly allowed
The deceased Amarjit Kaur died from severe burns after allegedly being set alight by her husband Balbir Singh and mother‑in‑law Nachattar Kaur. Two dying declarations were recorded – one by a doctor in the hospital and another by a police sub‑inspector – both implicating the husband, while the second also named the mot…
ST ATE OF BIHAR AND ORS.versusAMRENDRA KUMAR MISHRA
2006 INSC 65726 September 2006Appeal(s) allowed
The State of Bihar advertised 225 posts of Livestock Assistants and selected Amrendra Kumar Mishra in 1992. Although an appointment letter was allegedly sent, Mishra did not join and later claimed he never received it, filing representations in 1994, 1995, 1999 and 2000. After a writ petition in 2001, the Patna High Co…