SHANKAR POPAT GAIDHANIversusHIRMANI UMAJI MORE (DEAD) BY LRS. AND ORS.
2003 INSC 8914 February 2003Appeal(s) allowed
The appellant, an agricultural tenant, occupied a four‑acre plot that the deceased original owner had repeatedly agreed to sell to various parties, including the plaintiff who paid part consideration but the sale deed was never executed. The plaintiff sued for specific performance of the sale agreement; the trial court…
KULDIP CHAND AND ANR.versusADVOCATE GENERAL TO GOVERNMENT OF HIMACHAL PRADESH AND ORS.
2003 INSC 9014 February 2003Appeal(s) allowed
The case concerned a Dharamsala built by Raj Kumar Bir Singh, allegedly dedicated to the public, which later passed to his heirs and was sold to the appellants. The State, through the Advocate General, sued under Section 92 of the Code of Civil Procedure claiming the property was a public trust. A single High Court jud…
M.V. SHANKAR BHAI AND ANR.versusCLAUDE PINTO (SINCE DECEASED) BY LRS. AND ORS.
2003 INSC 9114 February 2003Dismissed
The testator Claude Pinto executed a will appointing his son as executor to sell a property and distribute the proceeds, while also allowing the legatees to seek partition. The executor entered into a sale agreement with the tenant, M.V. Shankar Bhoi, which contained a clause that the sale was "subject to ratification …
ABATI BEZBARUAHversusDIRECTOR GENERAL GEOLOGICAL SURVEY OF INDIA AND ANR.
2003 INSC 9214 February 2003Case Partly allowed
The wife of the deceased, Dr. Ramani Kanta Bezbaruah, claimed compensation after her husband died in a road accident. The Motor Accident Claims Tribunal awarded Rs. 2,50,200 with 6% interest, which the Gauhati High Court enhanced in both compensation and interest (to 8%). The appellant contended that the multiplier for…
SANAPAREDDY MAHEEDHAR AND ANRversusSTATE OF ANDHRA PRADESH AND ANR.
2007 INSC 128313 December 2007Appeal(s) allowed
The appellants, Sanapareddy Maheedhar and his parents, were charged under Sections 498A and 406 IPC read with the Dowry Prohibition Act for alleged dowry harassment and cruelty towards the appellant's wife, who later obtained a divorce in the United States and remarried. The Metropolitan Magistrate took cognizance of t…
STATE OF A.P.versusA.S. PETER
2007 INSC 128513 December 2007Appeal(s) allowed
The State of Andhra Pradesh filed a criminal case against A.S. Peter for alleged false declaration of stock and insurance fraud, leading to an FIR under IPC sections 199, 200 and 204 and a charge‑sheet filed by the local police. After allegations of irregularities in the initial investigation, the Additional Director G…
RAMESHWAR DASSversusSTATE OF PUNJAB & ANR.
2007 INSC 128613 December 2007Dismissed
The appellant, Rameshwar Dass, was convicted under Section 304B of the IPC for the dowry death of his pregnant wife, Sushma Rani, who allegedly committed suicide after being tortured for a dowry demand of Rs 40,000. The prosecution relied on the husband’s telegram to the father‑in‑law, testimony of the brother‑in‑law, …
STATE GOVERNMENT OF M.P. & ORS.versusSHANKARLAL
2007 INSC 128713 December 2007Case Partly allowed
Shankarlal, a clerk in the Madhya Pradesh Public Works Department, was suspended on 4 September 1982 with subsistence allowance payable under Rule 53 of the Madhya Pradesh Fundamental Rules. He failed to attend most of the departmental enquiry dates, leading to an ex‑parte finding of misconduct and termination of servi…
POONAM VERMA AND ORS.versusDELHI DEVELOPMENT AUTHORITY
2007 INSC 128813 December 2007Dismissed
The appellants, Poonam Verma and others, had registered under the Fifth Self‑Financing Housing Registration Scheme of the Delhi Development Authority (DDA) but never received a flat. After the scheme was closed, they sought inclusion in the "out‑of‑turn allotment" (OTA) quota based on a letter dated 24‑08‑2000 from the…
ACHHAIBAR MAURYversusSTATE OF U.P. & ORS.
2007 INSC 128913 December 2007Dismissed
The appellant, an Assistant Teacher born on 1 July 1943, claimed a "session benefit" under Rule 29 of the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981, arguing that his retirement on 1 July 2003 entitled him to continue service until 30 June 2004. The Supreme Court held that a person attains a specified…
NEW INDIA ASSURANCE COMPANY LTD.versusNUSLI NEVILLE WADIA AND ANR.
2007 INSC 129313 December 2007Dismissed
The Supreme Court examined who must lead evidence first in eviction proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. New India Assurance Company Ltd., a State under Article 12, sought to evict tenants NUSLI Neville Wadia and others from a building it owned. The dispute centered on w…
UJJAGAR SINGHversusSTATE OF PUNJAB
2007 INSC 129513 December 2007Dismissed
The appellant Ujjagar Singh was charged with murdering his niece Mukhtiar Kaur and raping her. Both were found with gunshot wounds; the appellant also sustained a serious injury. The trial and High Courts convicted him under sections 302, 376 and 309 IPC and imposed death penalty. On appeal, the Supreme Court examined …
MAHBOOB DEEPAKversusNAGAR PANCHAYAT GAJRAULA & ANR.
2007 INSC 129613 December 2007Case Partly allowed
The appellant, appointed as a daily wager on 30 July 1988, was terminated on 16 July 1989 for alleged financial irregularities. He claimed that his services were to be regularized after three months and raised an industrial dispute. The Labour Court ordered his reinstatement with back wages, but the High Court set asid…
L.M.L. LTD.versusSTATE OF U.P. & ORS.
2007 INSC 129713 December 2007Disposed off
The Supreme Court examined whether Uttar Pradesh Power Corporation Ltd (UPPCL) could retrospectively impose a 15% surcharge after issuing circulars that allowed consumers to opt out of a guaranteed 500‑hour supply, and whether the doctrine of promissory estoppel barred such action. The Court held that where UPPCL made …
C.S. AZAD KRISHI EVAM PRODYOGIKI VISHWA VIDYALAYAversusUNITED TRADES CONGRESS & ANR.
2007 INSC 129813 December 2007Appeal(s) allowed
The Uttar Pradesh (Krishi Evam Prodyogik Vishwavidyalaya) Act created a university whose service conditions are governed by its statutes, which do not provide for daily‑wage or ad‑hoc appointments. Respondent No.2, a daily‑wage laboratory assistant, was entrusted with clerk duties from 1‑Nov‑1991 and claimed regularisa…
DELHI DEVELOPMENT AUTHORITY, N.D. & ANR.versusJOINT ACTION COMMITTEE, ALLOTTEE OF SFS FLATS & ORS.
2007 INSC 129913 December 2007Disposed off
The Delhi Development Authority (DDA) allotted flats under a Self‑Financing Scheme (SFS) and later, after some allottees defaulted on instalments, the Vice‑Chairman, acting as a delegatee, issued policy orders imposing a 20% surcharge and demanding payment of the current cost of the flats with retrospective effect. The…
STATE OF ORISSA AND ORS.versusJOGINDER PATJOSHI AND ANR.
2003 INSC 62913 November 2003Appeal(s) allowed
The case concerned the interpretation of Rule 8(1)(a) and (b) of the Orissa Revised Scales of Pay Rules, 1985, which governed the fixation of pay for university lecturers and professors after a revision of pay scales. The petitioners, who were professors, argued that, in addition to being placed at the minimum of the r…
STTE OF RAJASTHANversusPARTHU
2007 INSC 91313 September 2007Appeal(s) allowed
The State of Rajasthan prosecuted Parthu for the murder of his wife Lali, who died from severe burn injuries after allegedly being doused with kerosene and set alight by him. The prosecution relied on two dying declarations recorded by police officers, with a doctor present who attested the victim's thumb impression an…
M. GURUDAS AND ORS.versusRASARANJAN AND ORS.
2006 INSC 59913 September 2006Appeal(s) allowed
The case concerned a dispute over several properties in Bangalore, where the respondents claimed that Nirmala, a natural daughter of Kadarappa, had been adopted by her uncle Obalappa and therefore inherited his estate. The Supreme Court examined whether a daughter can be validly adopted under Hindu law, concluding that…
STATE ROAD TRANSPORT CORPORATIONversusMAN SINGH
2006 INSC 60013 September 2006Case Partly allowed
Man Singh was appointed as a temporary conductor by the U.P. State Road Transport Corporation on 20 July 1974 and was terminated on 23 July 1975 for alleged misconduct. He raised an industrial dispute on 14 September 1986, more than a decade after his termination. The Labour Court held that the corporation had not comp…
SABITHA RAMAMURTHY AND ANR.versusR.B.S. CHANNABASAVARADHA
2006 INSC 60113 September 2006Appeal(s) allowed
The appellants were alleged to have issued two cheques on behalf of Karnataka News Net (Bangalore) Ltd. which were later dishonoured. A complaint under Section 138 of the Negotiable Instruments Act was filed, invoking Section 141 to hold the directors vicariously liable. The complaint, however, failed to specifically s…
M.P. STATE ELECTRICITY BOARDversusUNION OF INDIA AND ORS.
2006 INSC 60213 September 2006Directions issued
The Madhya Pradesh State Electricity Board (MPSEB) challenged two notifications issued by the Central Government fixing the dissolution date of the erstwhile MPSEB as 15‑Nov‑2000 and apportioning assets, rights and liabilities between MPSEB and the newly formed Chhattisgarh State Electricity Board (CSEB). MPSEB alleged…
TEA AUCTION LTD.versusGRACE HILL TEA INDUSTRY & ANR.
2006 INSC 60313 September 2006Case Partly allowed
Tea Auction Ltd. sued Grace Hill Tea Industry for a sum of about Rs.37.26 lakh with interest. An ex‑parte decree was passed against Grace Hill for non‑appearance. The Single Judge of the Calcutta High Court allowed the decree to be recalled but conditioned it on the defendant furnishing security of the entire amount (R…
NOBLE RESOURCES LTD.versusSTATE OF ORISSA AND ANR
2006 INSC 60713 September 2006
Noble Resources Ltd. entered into a contract with the Orissa state-owned corporation OMC Ltd. to supply specified quantities of iron‑ore fines of grades A, B and C at agreed prices. OMC later refused to supply the remaining C‑grade quantity, citing a sharp rise in international prices and cancelled the tender, promptin…
SANJAY KUMAR MANJULversusTHE CHAIRMAN, UPSC AND ORS.
2006 INSC 60813 September 2006Appeal(s) allowed
The Supreme Court considered an appeal by Sanjay Kumar Manjul against a High Court order that had allowed Dr. S. Rajavelu’s writ petition challenging his exclusion from the UPSC’s direct recruitment for the post of Superintending Archaeologist. The dispute centered on whether field experience in Epigraphy satisfied the…
JAIPUR ALOO AARATIYA SANGH AND ORS.versusSTATE OF RAJASTHAN AND ORS.
2006 INSC 60913 September 2006Case Partly allowed
The Rajasthan High Court, in a suo motu public interest litigation, ordered a ban on truck entry into Jaipur and directed the shift of the Phal Sabzi Mandi from Lal Kothi to Mohana within eight months to alleviate traffic congestion. The State of Rajasthan proposed a notification under the Rajasthan Agriculture Produce…
B.S.N.L. AND ORS.versusM/S. SUBASH CHANDRA KANCHAN AND ANR.
2006 INSC 61013 September 2006
The appellant B.S.N.L. entered into a works contract containing an arbitration clause that designated the Chief Engineer (or administrative head) of the Telecommunication/Postal Department to appoint the arbitrator. After the appellant’s Managing Director failed to respond to the respondent’s notice, the respondent fil…
M/S GREEN EARTH ASPHALT & POWER P. LTD.versusSTATE OF MAHARASHTRA TR. P.S.O. & ORS.
2008 INSC 93113 August 2008Case Partly allowed
The appellant, M/s Green Earth Asphalt & Power P. Ltd., filed a criminal complaint under Section 141 of the Negotiable Instruments Act alleging offences by the firm and its partners. The High Court, invoking Section 482 of the Code of Criminal Procedure, quashed the entire criminal proceeding, reasoning that the compla…
STATE OF HARYANA AND ORS.versusINDIRA KUMARI
2003 INSC 39013 August 2003Dismissed
The respondents, language teachers employed by the State of Haryana, sought promotion on the ground that the Certificate of Junior Basic Training (J.B.T.) should be treated as equivalent to the required Orientation Training (O.T.). The State had issued a notification on 12 March 1976 declaring J.B.T. equivalent to O.T.…
NINGAMMA & ANR.versusUNITED INDIA INSURANCE CO. LTD.
2009 INSC 80313 May 2009Disposed off
The widowed wife and minor son of Ramappa, who had borrowed a motorbike and died in a solo accident, claimed compensation under Section 163-A of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation, which the insurer appealed, arguing that Section 163-A applies only to third‑party claim…
JASWANT & ANR.versusSTATE OF RAJASTHAN
2009 INSC 80413 May 2009Appeal(s) allowed
The appellants were named in an FIR for several IPC offences and a charge sheet filed on 12‑Feb‑1993 listed them as absconding, with the investigation still pending. The Sessions Court, despite no charge sheet being filed against the appellants and the investigation incomplete, took cognizance of the offence and framed…
SUCHA SINGHversusSTATE OF PUNJAB
2009 INSC 80613 May 2009Appeal(s) allowed
The incident occurred on 16 February 1991 when the deceased Sakander and his brothers were allegedly attacked by appellant Sucha Singh and his accomplice Manga. The prosecution relied on the testimony of the first informant, Gurdev Chand, whose FIR and later supplementary statement contained material contradictions reg…
RAM SINGH & ORS.versusRAM NIWAS & ANR.
2009 INSC 80713 May 2009Appeal(s) allowed
The case arose from an FIR alleging assault and homicide in which the appellants were not named in the charge-sheet. The complainant filed an application under Section 319 of the Code of Criminal Procedure, 1973 to have the appellants summoned as accused; the trial judge rejected it, but the High Court set aside that o…
KEKI HORMUSJI GHARDA AND ORS.versusMEHERVAN RUSTOM IRANI AND ANR.
2009 INSC 80213 May 2009Appeal(s) allowed
The respondent, a practising advocate, filed a complaint alleging that the construction and tarring of a road by an architect (appellant No.6) at the direction of the managing director and other directors of a company (appellants No.1‑5) caused wrongful restraint to him and his parents in accessing their house. The tri…
SUBRAMANIAMversusSTATE OF TAMIL NADU & ANR.
2009 INSC 80513 May 2009Appeal(s) allowed
The appellant Subramaniam was charged with murder (s.302 IPC), dowry harassment (s.498A IPC) and a dowry prohibition offence (s.4 DP Act) after his wife was found dead in their home. The trial court acquitted him, but the High Court convicted him for murder, relying on the fact that the couple lived together, the alleg…
SANTOSH KUMAR SATISHBHUSHAN BARIYARversusSTATE OF MAHARASHTRA
2009 INSC 80813 May 2009Dismissed
The appellant, Santosh Kumar Satishbhushan Bariyar, was convicted of murder and sentenced to death, while his co‑accused received life imprisonment. The appellant challenged the legality of the Sessions Judge's grant of pardon to the approver (PW‑1) under Sections 306 and 307 of the Code of Criminal Procedure and argue…
FATMA BIBI AHMED PATELversusSTATE. OF GUJARAT & ANR.
2008 INSC 64513 May 2008Appeal(s) allowed
The appellant, a citizen of Mauritius, was served with a summons after a complaint by her daughter‑in‑law alleging physical and mental torture, allegedly committed in Kuwait. All parties were residents of Kuwait and were in India on visitor visas when the complaint was filed. The Chief Judicial Magistrate took cognizan…
NARAYANAMURTHYversusSTATE OF KARNATAKA AND ANR.
2008 INSC 64613 May 2008Appeal(s) allowed
The appellant Narayanamurthy was convicted by the Karnataka High Court under Sections 498A and 3048 of the IPC for the alleged dowry death of his wife Jagadeshwari. The prosecution alleged that the accused and his parents harassed the deceased for not providing dowry and that she committed suicide by self‑immolation. T…
B. NAGABHUSHANAMversusSTATE OF KARNATAKA
2008 INSC 65013 May 2008Dismissed
The appellant, a bus driver, was prosecuted for causing the death of a seven‑year‑old child by allegedly driving rashly and negligently, offences punishable under Sections 279 and 304A of the Indian Penal Code. The trial court convicted him and sentenced him to one year’s simple imprisonment with a fine for 304A and on…
KASHMIR SINGHversusUNION OF INDIA & ORS.
2008 INSC 65213 May 2008Disposed off
The case concerned the tenure of members of the Sikh Judicial Commission under the Sikh Gurdwaras Act, 1925, and the validity of several notifications issued by the Punjab Government and the Central Government. The appellant, Kashmir Singh, challenged the removal of commission members and the re‑constitution notificati…
NATIONAL INSURANCE CO. LTD.versusKAUSHALYA DEVI AND ORS.
2008 INSC 65313 May 2008Disposed off
The case arose from a motor accident in which a goods vehicle, insured by National Insurance Co. Ltd., struck and killed Kishan Lal, a vegetable dealer who was travelling in the truck to collect empty boxes. The claimant, Kaushalya Devi, sought compensation under Section 166 of the Motor Vehicles Act, 1988. The Tribuna…
UNITED INDIA INSURANCE CO. LTD.versusAJAY SINHA AND ANOTHER
2008 INSC 65413 May 2008Appeal(s) allowed
The respondents, owners of insured goods, claimed insurance reimbursement after a burglary, which the insurer denied. The dispute was taken to the Permanent Lok Adalat (PLA) under the Legal Services Authorities Act, 1987, despite a pending criminal case for the alleged non‑compoundable offence of burglary. The PLA held…
RAJESH KUMAR @ RAJUversusYUDHVIR SINGH & ANR.
2008 INSC 65513 May 2008Dismissed
The appellant, Rajesh Kumar, was injured in a motor vehicle accident in August 2001 and claimed a 60% total disability under Section 166 of the Motor Vehicles Act, 1988, relying on a civil surgeon's certificate dated November 2003. The Motor Accident Claims Tribunal and the Delhi High Court both assessed his disability…
GANGA DEVIversusDISTT. JUDGE, NAINITAL AND ORS.
2008 INSC 65613 May 2008Dismissed
The appellant, a 76‑year‑old widow, sought to retain a shop that had been occupied by her deceased husband for over 50 years, claiming she needed it for her livelihood. The respondent, a retired army officer drawing a modest pension, applied to the Chief Judicial Magistrate for release of the same shop under Section 21…
RITESH AGARWAL AND ANR.versusSECURITIES AND EXCHANGE BOARD OF INDIA ACT AND ORS.
2008 INSC 65713 May 2008Case Partly allowed
The Supreme Court examined SEBI’s action against the promoters of Ritesh Polyster Ltd., whose 1995 public issue was found to be a fraudulent hoax. SEBI directed the promoters – including the father, his wife and two sons who were minors at the time – to disassociate from the capital market for ten years under Sections …
STATE OF PUNJABversusPREM SAGAR & ORS.
2008 INSC 65813 May 2008Appeal(s) allowed
The respondents were convicted under Section 61(1) of the Punjab Excise Act, 1914 for illegally transporting 2,000 litres of rectified spirit and were sentenced by the trial court to one year imprisonment. The High Court, noting that the offence occurred 19 years earlier, reduced the sentence by granting probation unde…
STATE OF UTTARANCHAL AND ANR.versusMADAN MOHAN JOSHI AND ORS.
2008 INSC 65913 May 2008Disposed off
The case concerned the inter‑se seniority of lecturers of Kumaon University after their ad‑hoc appointments were regularised under the Uttar Pradesh Regularisation Rules, 1979. The first respondent, Madan Mohan Joshi, was placed lower in the seniority list than a junior colleague, Savita (Mohan) Dhondyal, prompting a w…
DCM FINANCIAL SERVICES LTD.versusJ.N. SAREEN & ANR.
2008 INSC 66013 May 2008Dismissed
DCM Financial Services Ltd. filed a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque issued by International Agro Allied Products Ltd. was dishonoured. The complaint named J.N. Sareen, a former director of the company, as an accused but did not allege that he was the signatory or tha…
MAHTAB SINGH & ANR.versusSTATE OF U.P.
2009 INSC 48213 April 2009Appeal(s) allowed
The accused Mahtab Singh and his son were acquitted by the trial court of murder under s.302 r/w s.34 IPC and of an offence under the Arms Act, on the ground that the prosecution failed to prove its case beyond reasonable doubt. The High Court reversed the acquittal, relying on the testimony of two eye‑witnesses despit…
RAVINDRA KUMAR MADHANLAL GOENKA & ANR.versusM/S. RUGMINI RAM RAGHAV SPINNERS P. LTD.
2009 INSC 48513 April 2009Dismissed
The appellants, commission agents dealing in cotton, were sued by the respondent for criminal breach of trust, cheating, dishonest misappropriation and conspiracy under IPC sections 406, 420, 384 and 120‑B. They filed a petition under Section 482 of the CrPC seeking to quash the criminal proceedings, arguing that the d…
CHANDRAKANT SHANKARRAO MACHALEversusPARUBAI BHAIRU MOHITE
2008 INSC 34913 March 2008Dismissed
The appellant obtained possession of a house under a registered deed of mortgage dated 28‑02‑1983 for a term of seven years. After the term expired, the mortgagor (respondent) served notice for redemption and filed a suit. The appellant contended that a later unregistered agreement had converted his possession into a t…
BOLLEPANDA P. POONACHA AND ANR.versusK.M. MADAPA
2008 INSC 35013 March 2008Case Allowed
The appellants filed a suit for title and possession of land in 1997. The respondent filed a written statement and, in 2006, sought to amend it to include a counter‑claim alleging a right to the same land, claiming the cause of action arose in 1998 after the written statement was filed. The trial court and the High Cou…
KARNATAKA STATE FINANCIAL CORPORATIONversusN. NARASIMAHAIAH AND ORS.
2008 INSC 35313 March 2008Dismissed
The Karnataka State Financial Corporation (KSFC) had granted a loan to an industrial concern and obtained personal guarantees and hypothecated properties from its directors. When the industrial concern defaulted, KSFC invoked Section 29 of the State Financial Corporations Act, 1951 to take possession of the guarantors'…
DINESH BORTHAKURversusSTATE OF ASSAM
2008 INSC 35513 March 2008Case Allowed
The appellant, Dinesh Borthakur, was convicted by the trial court and the High Court for the murder of his wife Mala Borthakur and adopted daughter Munni under Section 302 IPC, based largely on circumstantial evidence such as a sniffer dog’s proximity to him, the presence of a pesticide bottle, and his alleged lack of …
P.K. CHOUDHURYversusCOMMANDER, 48 BRTF (GREF)
2008 INSC 36113 March 2008Case Allowed
The appellant, a Commandant of the 48 BRTF (GREF), was alleged to have committed offences under IPC sections 166 and 167 between 5 January 1989 and 11 February 1992. A complaint petition was filed only in November 2000, based on a 1996 report, and the Judicial Magistrate took cognizance on 7 November 2000. The appellan…
HEM CHANDversusSTATE OF JHARKHAND
2008 INSC 36213 March 2008Dismissed
Hem Chand, Executive Director (Vigilance) of a government company, was charged under the Prevention of Corruption Act, 1988 for possessing assets beyond his known income. He filed an application for discharge, relying on an Income Tax assessment order and his asset declaration, and submitted these documents to the Spec…
VISHWANATH DADOBA KARALEversusPRISA SHANTAPPA UPADHYE (D) TH. LRS
2008 INSC 36313 March 2008Dismissed
The respondent, who owned a plot of land in Kolhapur, executed a deed titled "Conditional Sale Deed" with the appellant on 7 October 1969, agreeing to transfer possession for Rs.500 for a period of five years, with a clause that repayment of the amount would require the appellant to reconvey the property. The appellant…
MOHAN AND ANR.versusSTATE OF MAHARASHTRA AND ORS.
2007 INSC 28213 March 2007Appeal(s) allowed
The appellants, land owners, challenged an award dated 4 February 2003 made under the Land Acquisition Act, 1894, arguing that it was issued beyond the two‑year period prescribed by Section 11‑A, which requires an award to be made within two years of the last publication of the declaration under Section 6. The last pub…
ASH OK KUMAR KAPUR AND ORSversusASHOK KHANNA AND ORS
2007 INSC 28413 March 2007Matter referred to larger bench
The case concerned a pension fund set up as a trust by Mis Dunlop India Ltd. After the beneficiaries had been paid, the trustees applied to the Calcutta High Court under Section 34 of the Indian Trusts Act seeking a direction on the surplus fund. The High Court refused to entertain the application, holding that Section…
GOPIKA CHANDRABHUSHAN SARAN & ANR.versusM/S. XLO INDIA LTD. & ANR.
2009 INSC 18213 February 2009Dismissed
The case concerned a residential flat allotted to Mr C.B. Saran, a managing director of XLO India Ltd., which after his resignation and death was occupied by his heirs (the appellants). The company filed a criminal complaint under Section 630 of the Companies Act, 1956 alleging wrongful withholding of its property. The…
KISHORE KUMAR KHAITAN AND ANR.versusPRAVEEN KUMAR SINGH
2006 INSC 7913 February 2006Appeal(s) allowed
Kishore Kumar Khaitan filed a suit seeking a declaration of tenancy and a perpetual injunction against the owners of a building, also applying for an interim injunction. The trial court refused an ex‑parte injunction; the Additional District Judge then issued an ex‑parte order directing the parties to maintain the stat…
S.S. BALU & ANR.versusSTATE OF KERALA & ORS.
2009 INSC 2313 January 2009Dismissed
ORIENTAL INSURANCE CO. LTD.versusRAM PRASAD VARMA & ORS.
2009 INSC 2413 January 2009Disposed off
Ram Prasad Varma, a 55‑year‑old ONGC employee, lost both legs in a motor vehicle accident and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 19.63 lakhs using the structured formula in the Second Schedule with a multiplier of eight and 12% interest; the High Cour…
V.V.G. REDDYversusAPSRTC, NIZAMABAD REGION & ANR.
2009 INSC 2513 January 2009Dismissed
V.V.G. Reddy, a bus conductor employed by the Andhra Pradesh State Road Transport Corporation, was dismissed following disciplinary proceedings. The Labour Court, on a consent award, ordered his reinstatement with continuity of service but expressly denied back wages and attendant benefits. Reddy sought notional increm…
UNION OF INDIA AND ORS.versusSHANTIRANJAN SARKAR
2009 INSC 2713 January 2009Dismissed
Shantiranjan Sarkar, a member of a Scheduled Caste, applied for the post of Postman/Mail Guard in the Andaman and Nicobar Islands and later for promotion to Peon/Group D. He obtained more than the 30% cut‑off prescribed for SC/ST candidates but less than the 45% required for the open category, and his representations a…
HARBANS SINGH & ORS.versusSANT HARI SINGH & ORS.
2009 INSC 2813 January 2009Dismissed
The dispute concerned the management of Gurudwara Sant Bela Sahib Patshahi, where the Mohtim, Sant Hari Singh, claimed exclusive control and the Managing Committee claimed joint management. Two suits—one by the Mohtim and one by the Managing Committee—were consolidated and heard together; the trial court granted an inj…
PAUL ENTERPRISES & ORS.versusRAJIB CHATTERJEE & CO. & ORS.
2009 INSC 2913 January 2009Dismissed
The case concerned the meaning of "unemployed youth" in a West Bengal Excise Order that reserved liquor‑shop licences for firms formed by such persons. Paul Enterprises and others (appellants) challenged the grant of a licence to Rajib Chatterjee and others (respondents), arguing that the respondents were engaged in se…
MOHAN SINGHversusKASHI BAI & ORS.
2009 INSC 3013 January 2009Dismissed
The case arose from a motor accident on 21 November 1999 in which a jeep driven by Mohan Singh collided with a truck, resulting in the deaths of three persons. The victims' heirs filed claims for compensation under Section 166 of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal awarded compensation …
REVENUE DIVISIONAL OFFICER-CUM-L.A.O.versusSHAIK AZAM SAHEB ETC. ETC.
2009 INSC 2013 January 2009Case Partly allowed
The State acquired 87.96 acres of agricultural land in villages Pasupula and B. Thandrapadu, about 4 km from Kurnool district headquarters and abutting National Highway 18, for establishing Sri Krishna Devaraya University. The Collector initially awarded Rs 16,000 and Rs 15,000 per acre respectively; the lower courts e…
JHARU RAM ROYversusRAMJIT ROY AND ORS.
2009 INSC 3213 January 2009Dismissed
The dispute involved the sale of 4 Bighas of agricultural land by Rajiv Lochan Roy in 1982, who falsely claimed his father Nakho Ram was dead, while the father was alive until 1990. The buyer, Jharu Ram Roy (appellant), was aware of the fraud. The other son, Ramjit Roy, filed a suit to set aside the deeds and claim pos…
K.K. BHALLAversusSTATE OF M.P. AND ORS.
2006 INSC 2113 January 2006Appeal(s) allowed
The appellant challenged the allocation of two parcels of land in Jabalpur—one to a newspaper proprietor and another to YMCA—arguing that the State of Madhya Pradesh, acting under a purported policy decision, had exceeded its statutory authority and violated the Master Plan prepared under the Madhya Pradesh Nagar Tatha…
KAPILA HINGORANIversusSTATE OF BIHAR
2005 INSC 3113 January 2005
The petitioners, employees of various public sector undertakings in Bihar, sought enforcement of their fundamental right to life under Article 21 after prolonged non-payment of salaries, which had resulted in several deaths. The Supreme Court examined whether the States of Bihar and Jharkhand, as shareholders and contr…
TARSEM SINGHversusSTATE OF PUNJAB
2008 INSC 142112 December 2008Appeal(s) allowed
Tarsem Singh was convicted under Section 3048 of the IPC for the death of his wife Amriko, alleged to have been caused by dowry‑related cruelty. The prosecution alleged harassment for insufficient dowry and childlessness, but the FIR and evidence did not show any demand for dowry made "soon before" her death. The Supre…
RANGAIAHversusSTATE OF KARNATAKA
2008 INSC 142212 December 2008Appeal(s) allowed
The appellant Rangaiah was charged with murder and causing hurt after a quarrel in his village resulted in the death of Maruchhaiah. The trial court acquitted him, finding material discrepancies in the prosecution's evidence, including inconsistencies between the dying declaration and witness testimonies, and noting th…
RAVISHWAR MANJHI & ORS.versusSTATE OF JHARKHAND
2008 INSC 142312 December 2008Appeal(s) allowed
The case involved two cross‑FIRs arising from a violent clash in Simultand village where the deceased Nagender Nath Das was killed and several others injured. The complainant alleged that the accused assaulted him and his relatives, while the accused claimed they acted in self‑defence against the deceased’s alleged att…
M.D. BALASAHEB DESAI SAHAKARI S.K. LTD.versusKASHINATH GANAPATI KAMBALE
2008 INSC 142412 December 2008Case Partly allowed
The respondent, a peon employed since 1974, was dismissed in 1984 for multiple instances of misconduct including unauthorized absences, late attendance, leaving the premises without permission, and falsifying the muster roll. He sought reinstatement with continuity of service and full back wages before the Labour Court…
OM PRAKASHversusSTATE OF U.P.
2008 INSC 142612 December 2008Appeal(s) allowed
The incident occurred on 15 August 1979 when Om Prakash and six others, armed with firearms, entered the house of Mewa Ram during a Janamashtami puja and fired shots, resulting in the death of Ram Rakshpal. The trial court convicted all seven accused of murder, but the Allahabad High Court upheld conviction only of Om …
M/S. HARMAN ELECTRONICS (P) LTD. & ANR.versusM/S. NATIONAL PANASONIC INDIA LTD.
2008 INSC 142712 December 2008Appeal(s) allowed
The appeal concerned the territorial jurisdiction of a criminal court to try an offence under Section 138 of the Negotiable Instruments Act, 1881. The complainant, National Panasonic India Ltd., filed a complaint in Delhi alleging that a cheque drawn and presented in Chandigarh was dishonoured and that a notice was ser…
VIDYABAI & ORS.versusPADMALATHA & ANR.
2008 INSC 142812 December 2008Appeal(s) allowed
The plaintiffs filed a suit for specific performance of a sale agreement and filed a written statement in April 2004. After issues were framed and affidavits were filed as evidence, the defendants sought to amend their written statement in November 2006. The trial court dismissed the amendment, holding it introduced a …
BHARPUR SINGH & ORS.versusSHAMSHER SINGH
2008 INSC 142912 December 2008Appeal(s) allowed
Ram Devi, a 75‑year‑old widow, executed a will on 30‑March‑1962 in favour of Shamsher Singh, an agnate five degrees removed, disinheriting her two surviving daughters. After her death in 1990, Shamsher Singh sued the daughters (appellants) to set aside a mutation order in their favour, claiming he had looked after the …
MAHAVIR SINGHversusKHIALI RAM & ORS.
2008 INSC 143012 December 2008Appeal(s) allowed
The appellant Mahavir Singh was appointed Lambardar of Village Thurana by the District Collector under the Punjab Land Revenue Rules, which consider factors such as hereditary claim, land ownership, service to the State, character and age. Respondent No.1, Khiali Ram, challenged the appointment before the Punjab and Ha…
BIHAR STATE FINANCIAL CORPORATIONversusM/S. CHHOTANAGPUR MINERALS AND ORS.
2008 INSC 143112 December 2008Dismissed
The Bihar State Financial Corporation (BSFC) granted a loan to Mis. Chhotanagpur Minerals, which mortgaged lease‑hold rights over a factory site. After the borrower defaulted, BSFC invoked Sections 29 and 30 of the State Financial Corporations Act, 1951 and sold the factory premises to a third party, also removing othe…
KESHAVversusSTATE OF MAHARASHTRA
2007 INSC 126712 December 2007Appeal(s) allowed
The appellant Keshav was convicted under Section 302 IPC for allegedly murdering his brother‑in‑law, based on motive, the fact that they were last seen together, an extra‑judicial confession to the victim’s wife, discovery of blood‑stained clothes and a knife. The Supreme Court examined whether these circumstances sati…
UMAR MOHAMMAD & ORS.versusSTATE OF RAJASTHAN
2007 INSC 126812 December 2007Disposed off
The case arose from a night‑time attack on three brothers (Jharmal, Juhru and Mubin) allegedly over a property and personal dispute, in which twelve armed men assaulted the victims, killing the two brothers and injuring Mubin. The prosecution relied on three eyewitnesses, medical autopsy reports and a First Information…
DEDDAPPA & ORS.versusTHE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD.
2007 INSC 126912 December 2007Appeal(s) allowed
The appellant's daughter was killed when a tempo, owned and driven by Respondent No.2, ran over her. The vehicle was insured with National Insurance Co., but the insurer claimed the policy was cancelled because the premium cheque was dishonoured, invoking Section 64‑VB of the Insurance Act, 1938. The Motor Accidents Cl…
AJAY MOHAN AND ORS.versusH.N. RAI AND ORS.
2007 INSC 127012 December 2007Dismissed
The appellants, who claimed ownership of the suit land by a gift deed, sued the respondents for a permanent injunction, the respondents asserting title based on an alleged 1969 agreement of sale. The City Civil Court refused an interim injunction on the ground that the appellants had not made a prima facie case, partic…
SARABJIT RICK SINGHversusUNION OF INDIA
2007 INSC 127212 December 2007Dismissed
The United States requested the extradition of Sarabjit Rick Singh on drug‑trafficking and money‑laundering charges, and the Indian government directed an Additional Chief Metropolitan Magistrate to conduct an enquiry under the Extradition Act, 1962. Singh challenged the magistrate’s order, arguing that the documents s…
NATIONAL INSURANCE COMPANY LTD.versusINDIRA SRIVASTAVA & ORS.
2007 INSC 127312 December 2007Dismissed
The deceased, R.K. Srivastava, a salaried employee, died in a road accident and his wife and children claimed "just compensation" under Section 168 of the Motor Vehicles Act, 1988. The central issue was the proper computation of the deceased's total income for compensation – whether only basic salary should be consider…
GENERAL MANAGER, NORTH WEST RAILWAY & ORS.versusCHANDA DEVI
2007 INSC 127612 December 2007Appeal(s) allowed
The widow of Ram Niwas, a project casual labourer who was later treated as a temporary employee under a scheme approved by the Supreme Court, applied for family pension after his death in 1988. The Railway Administration rejected the claim, citing the Railway Services (Pension) Rules, 1993, which they said did not exte…
MIS. KERALA STATE ELECTRICITY BOARDversusCOMMR. OF CENTRAL EXCISE, THIRUVANANTHAPURAM
2007 INSC 127712 December 2007Dismissed
The Kerala State Electricity Board (KSEB) entered into a contract with the foreign consultancy SNC Lavalin for engineering services, agreeing to pay the service tax on the foreign company's behalf. KSEB failed to make the payments and argued that, under the Finance Act, 1994, the tax liability rested on the service pro…
R.K. MOBISANA SINGHversusKH. TEMBA SINGH & ORS.
2007 INSC 127812 December 2007Disposed off
The case concerned whether ad‑hoc promotions of Section Officers to Assistant Engineer in the Manipur PWD, made without following the recruitment rules, could be regularised retrospectively to grant seniority over direct recruits. The promotees argued that their services had been regularised with retrospective effect a…
M/S. HONDARAM RAMCHANDRAversusYESHWANT MAHADEV KADAM (DEAD) THROUGH LRS.
2007 INSC 128112 December 2007Disposed off
The appellant, Mis. Hondaram Ramchandra, operated a sales office which was closed. The workmen were transferred to a separate factory, refused to join, and were terminated after an ex parte domestic enquiry. The Labour Court upheld the termination, but the High Court set aside the award and ordered reinstatement with b…
ALOKE NATH DUTTA AND ORS.versusSTATE OF WEST BENGAL
2006 INSC 99112 December 2006Disposed off
The case involved the murder of Biswanath Dutta, allegedly committed by his brother Aloke Nath Dutta to facilitate the sale of family property. Aloke Nath made an extra‑judicial confession admitting to the killing, while co‑accused Mrinal Dutta gave a judicial confession that was later retracted, alleging police tortur…
V. VENKATA SUBBARAOversusSTATE REPRESENTED BY INSPECTOR OF POLICE, A.P.
2006 INSC 99212 December 2006Appeal(s) allowed
V. Venkat Subbarao, a surveyor, was accused of accepting a bribe of Rs.2,000 after intervening in a demand of Rs.5,000 made by a Mandal Revenue Officer (MRO) for allowing the removal of casurina trees. The prosecution relied on a pre‑trap operation conducted by the Anti‑Corruption Bureau, but the Supreme Court found nu…
HASHAM ABBAS SAYYADversusUSMAN ABBAS SAYYAD AND ORS.
2006 INSC 99312 December 2006Appeal(s) allowed
The appellant and respondents were brothers involved in a partition suit filed by Respondent No.1. A preliminary decree was passed in 1999, after which a special petition was treated as an application for a final decree. A local commissioner reported the property to be impartible and a sale proclamation was issued, lea…
SHREEDHAR GOVIND KAMERKARversusYESAHWANT GOVIND KAMERKAR AND ANR.
2006 INSC 99412 December 2006Dismissed
The brothers Shreedhar Govind Kamerkar (appellant) and Yesahwant Govind Kamerkar (respondent) entered into a partnership in 1971 that was dissolved in 1977. The dispute concerned whether the tenancy rights to a premises in Navalkar Building, used for the Deepak Provision Store and later for Shree Medico, formed part of…
M/S. ASHOKA SMOKELESS COAL INDUSTRIES PVT. LTD. AND ORS.versusUNION OF INDIA AND ORS.
2005 INSC 61212 December 2005
The petitioners, industrial undertakings linked with Coal India Ltd., challenged the company’s new e‑auction scheme which required them to pay a price higher than the previously notified price for coal. They sought interim relief to continue receiving coal at the notified price. The Supreme Court, after hearing both si…
GURDEV SINGHversusNARAIN SINGH
2007 INSC 114112 November 2007Appeal(s) allowed
The plaintiff obtained a permanent injunction restraining the defendant from planting any tree on specified Khasra parcels. The decree holder later filed an application for execution seeking removal of a Bohar tree that stood on the disputed land. The executing court, relying on a commissioner’s report, interpreted the…
DHARAM CHAND AND ORS.versusHARYANA AGRICULTURAL UNIVERSITY AND ORS
2003 INSC 62612 November 2003Dismissed
The appellants, clerical staff appointed after 6 June 1980, challenged a University notification that gave a higher pay scale to clerks appointed before that date, invoking the principle of equal pay for equal work. The University had revised pay scales on 6 June 1980 and, following the Anomaly Removal Committee’s reco…
DULAL PODDARversusEXECUTIVE ENGINEER, DONA CANAL DIVISION AND ORS.
2003 INSC 62712 November 2003Dismissed
The appellant, a contractor, entered into a canal construction contract with the respondent department, which contained an arbitration clause appointing the Superintending Engineer as arbitrator. After an interim award, the arbitrator failed to pass a final award, prompting the contractor to invoke Section 8 of the Arb…
INDIRA VIJversusSTATE OF HARYANA
2003 INSC 62812 November 2003Dismissed
Indira, an English teacher who became Head of Department in Applied Sciences at a government polytechnic, sought promotion to Principal of an Engineering Institute. Under the Haryana Technical Education Department (Group‑A) Service Rules, Rule 9(1)(c)(i) allowed promotion only from Heads of Departments in Engineering, …
RAMESH BABURAO DEVASKAR AND ORS.versusSTATE OF MAHARASHTRA
2007 INSC 105612 October 2007
The case arose from the murder of Shivaji Patil and Baburao Patil in a village where two rival groups were at loggerheads. The FIR was lodged at the spot four days after the incident, and the copy reached the magistrate after an unexplained delay, raising questions about its validity. The trial court convicted several …
DIMPLE GUPTA (MINOR)versusRAJIV GUPTA
2007 INSC 105712 October 2007Appeal(s) allowed
Minor Dimple Gupta, through her mother Narain Dassi, filed an application under Section 125 of the Criminal Procedure Code seeking maintenance from Rajiv Gupta, alleging he was her father. The trial magistrate held that she was the illegitimate child of the respondent and ordered maintenance, relying on the mother’s te…
DEVI LALversusSTATE OF RAJASTHAN
2007 INSC 105812 October 2007Dismissed
Devi Lal and his mother were convicted under Section 304B IPC for the dowry death of Pushpa Devi, whose body was cremated without informing relatives. The prosecution alleged that Pushpa was repeatedly harassed and subjected to cruelty by her husband and in‑laws for not providing sufficient dowry, both before and after…
PRAKASH CHANDRA YADAVversusSTATE OF BIHAR AND ORS.
2007 INSC 105912 October 2007Appeal(s) allowed
On 3 February 1994, the informant Prakash Chandra Yadav and a pillion rider were attacked by the accused who hurled bombs at them and later pursued them with a licensed gun. Although one bomb exploded, the informant sustained no injury. The trial court convicted the accused under Section 307 (attempt to murder) and Sec…
B. SURESH Y ADA VversusSHARIF BEE AND ANR.
2007 INSC 106012 October 2007Appeal(s) allowed
The appellant, B. Suresh Yadav, sold a parcel of land to the respondents, Sharifa Bee and Anr, and executed the sale deed on 30 September 2005. On 29 September 2005, two rooms on the land were demolished, leading to a civil suit to determine whether the demolished portion formed part of the sale. While the civil suit w…
RAJINDER SINGH KATOCHversusCHANDIGARH ADMINISTRATION & ORS.
2007 INSC 106112 October 2007
The appellant, a co‑sharer of a joint family property, alleged that his brother (respondent No.4) unlawfully restrained him from occupying the first floor of the house and complained to the police, but no FIR was registered. He filed an application under Section 482 of the CrPC before the High Court seeking a direction…
STATE OF RAJASTHANversusAJIT SINGH AND ORS.
2007 INSC 106212 October 2007Dismissed
The State of Rajasthan charged Ajit Singh and 18 others under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) for allegedly smuggling arms from Pakistan to Punjab for terrorist purposes. Seven of the accused made confessions before a Superintendent of Police under Section 15 of TADA, but the confe…
ALL CARGO MOVERS (I) PVT. LTD. & ORS.versusDHANESH BADARMAL JAIN AND ANR.
2007 INSC 106312 October 2007Appeal(s) allowed
All Cargo Movers (I) Pvt. Ltd. and related companies entered into a contract of carriage to deliver consignments to Kenya. The goods were allegedly delivered without the original Bills of Lading, leading the consignee to claim breach of contract and file a civil suit in the Bombay High Court. More than a year later, th…
STATE OF RAJASTHANversusMUNSHI
2007 INSC 106412 October 2007Appeal(s) allowed
The State of Rajasthan charged Munshi with rape of a minor girl, Rajkumari, on 18 September 1994. The victim reported the incident immediately, and a medical examination revealed fresh injuries, a ruptured hymen and blood oozing from the vagina; a torn piece of her underwear was recovered from the scene and matched her…
JOHN K. JOHNversusTOM VARGHESE AND ANR.
2007 INSC 106512 October 2007Dismissed
John K. John filed criminal complaints under Section 138 of the Negotiable Instruments Act alleging that Tom Vargheese issued two cheques which were dishonoured for insufficient funds. The trial court and the appellate court held that the respondent was guilty, but the Kerala High Court, on revision, acquitted him, fin…
SARVESH NARAIN SHUKLAversusDAROGA SINGH & ORS.
2007 INSC 106612 October 2007Dismissed
The case concerned a triple murder that occurred on 4 April 1999, where three persons were shot dead from a car that had allegedly collided with a bus. The prosecution relied on the testimony of two eye‑witnesses (PW‑1 and PW‑5), who were described as chance witnesses, and on medical and forensic evidence linking the i…
ARJUN SINGH RATHORE AND ORS.versusB.N. CHATURVEDI AND ORS.
2007 INSC 106712 October 2007Appeal(s) allowed
Fifteen officers of a Regional Rural Bank were eligible for promotion under the 1988 Rules when the vacancies arose. While the promotions were pending, the 1998 Rules superseded the 1988 Rules. The bank, relying on a Supreme Court decision in State of Rajasthan v. R. Dayal, issued a circular directing that the promotio…
PARAYYA ALLAYYA HITTALAMANIversusSRI PARAYYA GURULINGAYYA POOJARI AND ORS.
2007 INSC 106812 October 2007Appeal(s) allowed
The hereditary priests of a Karnataka temple entered into a consent decree in the 1950s to settle their inheritance dispute over temple offerings. A later civil suit sought a share of perishable and non‑perishable offerings, and the trial court and first appellate court upheld the plaintiffs' claim based on the decree …
M/S. UNITED INDIA INSURANCE CO. LTD.versusDAVINDER SINGH
2007 INSC 106912 October 2007Appeal(s) allowed
The owner of a motor vehicle insured with United India Insurance Co. Ltd. suffered an accident while the vehicle was being driven by a driver whose licence was later found to be forged. The owner filed a complaint under Section 12 of the Consumer Protection Act, 1986 alleging deficiency in service for the insurer's ref…
NIYAMAT ALI MOLLAversusSONARGON HOUSING CO-OPERATIVE SOCIETY LTD. & ORS.
2007 INSC 107012 October 2007Dismissed
The respondent (Sonargon Housing Co‑operative Society Ltd.) obtained a decree for declaration and possession of a property, which was affirmed by the High Court and the Supreme Court. The respondent later applied to amend the plaint and the decree to correct blanks and misdescriptions in the schedule of the property. T…
SHIVA ANANDversusINDIAN AIRLINES LTD. & ORS.
2007 INSC 107112 October 2007Disposed off
Shiva Anand, a master technician with Indian Airlines for 27 years, produced a forged employer's certificate to obtain an Australian visa. Disciplinary proceedings led to a charge-sheet, an enquiry report recommending dismissal, and a final dismissal order, which he appealed. The Single Judge of the Calcutta High Court…
SHRIDEVI AND ANR.versusMURALIDHAR AND ANR.
2007 INSC 107312 October 2007Dismissed
The dispute concerned whether Site Nos. 432 and 433 in Survey No. 15/1 were acquired by the Government under the Bangalore Development Authority Act and, consequently, whether an injunction could be granted to restrain construction. The trial court rejected the injunction without examining if the land had been acquired…
THE EMPIRE JUTE CO. LTD. & ORS.versusTHE JUTE CORPORATION OF INDIA LTD. AND ANR.
2007 INSC 107412 October 2007Case Partly allowed
The Empire Jute Co. Ltd. entered into a sale contract for raw jute with the Jute Corporation of India, which was subject to a Production Control Order compelling the mill to purchase jute at a fixed price. The appellant alleged the supplied jute was of inferior quality, refused to purchase, and filed a writ petition ch…
SAVITHRI AND ORS.versusKARTHYAYANI AMMA AND ORS.
2007 INSC 107512 October 2007Dismissed
Sankaran Nair executed a registered Will on 7 August 1971 bequeathing his property to his sister Nanikutty Amma's children and their descendants, while leaving a modest sum to his son Madhavan Nair. The son challenged the Will, alleging suspicious circumstances such as the testator's ill health, the registrar being bro…
M/S. PARAS SHIP BREAKERS LTD.versusCOMMISSIONER OF CENTRAL EXCISE
2007 INSC 107612 October 2007
Paras Ship Breakers Ltd installed an 8‑metric‑tonne induction furnace but, due to insufficient power supply from the Gujarat State Electricity Board, claimed it had reduced the furnace capacity to 4.5 MT and sought a lower deemed annual production under Section 3A of the Central Excise Act. The department measured the …
SWAPAN KUMAR PALversusACHINTYA KUMAR NAYAK AND ORS.
2007 INSC 107712 October 2007Dismissed
The case concerned the grant of a Modified Rationing (MR) dealership in West Bengal. Both Swapan Kumar Pal (appellant) and Achintya Kumar Nayak (first respondent) applied, and the Sub‑Divisional Controller, after applying criteria of financial solvency, possession of a godown and trade proficiency, recommended the firs…
MAHABIR SINGHversusSUBHASH AND ORS.
2007 INSC 107812 October 2007
Mahabir Singh filed a suit in 1985 and, after serving summons, obtained an ex‑parte decree against Subhash on 19‑Feb‑1986 when the defendant failed to appear. Subhash sought to set aside the decree under Order IX Rule 13 of the CPC on 7‑Feb‑1997, claiming improper service of summons. The trial court and the appellate c…
BASANTI DEVIversusRAVIPRAKASH RAMPRASAD JAISWAL
2007 INSC 108012 October 2007Appeal(s) allowed
A Hindu widow executed a will in favour of the respondent. After her death, the respondent obtained a grant of probate from the High Court, but failed to disclose that the testator owned property in Uttar Pradesh and did not publish citations there as required by Section 283(3) of the Indian Succession Act. The appella…
R. RADHAKRISHNANversusTHE DIRECTOR GENERAL OF POLICE AND ORS.
2007 INSC 108112 October 2007
R. Radhakrishnan applied for the post of Fireman and, after provisional selection, submitted a verification roll stating he had never been involved in any criminal case. In fact, he had been arrested under Section 294(b) of the Indian Penal Code for an incident on 15 April 2000, though he was later acquitted on 25 Sept…
PURNENDU MUKHOPADHYAY AND ORS.versusV.K. KAPOOR AND ANR.
2007 INSC 108212 October 2007Appeal(s) allowed
The appellants, originally appointed as Supervisor Grade‑A, were promised a second examination to be graded as Chargeman Grade‑II under a 1967 scheme, but the examination was never held and a "pick‑and‑choose" policy was adopted. The Central Administrative Tribunal (CAT) ordered that the appellants be given notional se…
DEVINDER SINGH AND ORSversusSTATE OF PUNJAB AND ORS
2007 INSC 108312 October 2007Appeal(s) allowed
The appellants, owners of agricultural land in Hoshiarpur, Punjab, challenged the State's acquisition of their land for a project of International Tractors Ltd. The State issued a notification under Section 4 and a declaration under Section 6 of the Land Acquisition Act, 1894, entered into an agreement with the company…
MARRIPATI NAGARAJA AND ORS.versusTHE GOVERNMENT OF ANDHRA PRADESH AND ORS.
2007 INSC 108412 October 2007Disposed off
The appellants applied for the post of Assistant Director of Agriculture under a 1992 APSC notification that did not specify any reservation for women. While the selection process was pending, the Andhra Pradesh Government issued a order on 6 October 1995 granting 30% reservation for women in direct recruitment with re…
ANNAKILIversusA. VEDANA YAGAM AND ORS.
2007 INSC 108512 October 2007Dismissed
The respondents bought land from the Corporation of Madras, which was later mistakenly transferred to the Tamil Nadu Slum Clearance Board and allotted to the appellant under a slum‑clearance scheme. The respondents obtained a writ directing the denotification of the area as a slum, but the High Court set aside the dire…
NATIONAL INSURANCE CO. LTD.versusCHOLLETI BHARATAMMA AND ORS.
2007 INSC 108612 October 2007Disposed off
The case concerned several accidents in which passengers, often paying a nominal fare, were travelling in lorries classified as goods carriages. Claimants sought compensation from the insurers of the vehicle owners under Section 147 of the Motor Vehicles Act, 1988, arguing that the insurers were liable for death or inj…
S.P. INDUversusTHE GENERAL MANAGER, METRO RAILWAY AND ANR.
2007 INSC 108712 October 2007Dismissed
The case concerned the seniority and eligibility for promotion to Assistant Law Officer in the Calcutta Metro Railway. The appellant, S.P. Indu, had been on deputation from South Eastern Railway and was placed in the Rs 2000‑3200 pay scale but had never passed the departmental examination and did not hold the post of C…
COMMR. OF CUSTOMS, BANGALOREversusM/S. ACER INDIA PVT. LTD.
2007 INSC 108812 October 2007Dismissed
The Customs, Bangalore appealed against the CESTAT order that had allowed an additional duty of 7% on notebook (laptop) computers imported by M/s. Acer India Ltd. The central issue was whether a laptop qualifies as a "CPU with monitor, mouse and keyboard imported together as a set" under S.No.2 of Rule 2 of the Compute…
STATE THROUGH SPE & CBI, APversusM. KRISHNA MOHAN AND ANR.
2007 INSC 108912 October 2007Appeal(s) allowed
The State, represented by the Special Police Establishment and the CBI, appealed against the High Court's acquittal of a bank manager (M. Krishna Mohan) and a field officer for forging loan documents, forging thumb impressions and misappropriating loan proceeds. The trial court had convicted both, but the High Court se…
SABBI MALLESU AND ORS.versusSTATE OF ANDHRA PRADESH
2006 INSC 42312 July 2006Disposed off
The case arose from a violent dispute over a bund in which a large number of persons were alleged to have participated. The FIR named fifteen persons, but thirty‑nine were tried. The trial court convicted six accused, including the appellants, under Sections 302/149 IPC despite the charge sheet being framed under Secti…
RAM PAT & ORS.versusSTATE OF HARYANA
2009 INSC 79112 May 2009Dismissed
The appellants purchased an undivided share of a joint family land but did not acquire any specific portion or possession. On the day of the incident the co‑owner Harda Ram and his son were ploughing the field when the appellants, armed with lathis and jallies, entered the land and inflicted fatal injuries on Harda Ram…
DIVISIONAL MANAGER, RAJASTHAN S.R.T.C.versusKAMRUDDIN
2009 INSC 79312 May 2009Appeal(s) allowed
Kamruddin, a bus conductor employed on probation by the Rajasthan State Road Transport Corporation, was caught five times for not issuing tickets to passengers. After a warning, a disciplinary enquiry was held, found him guilty, and terminated his services. The Labour Court, invoking Section 11A of the Industrial Dispu…
SARBJIT SINGH & ANR.versusSTATE OF PUNJAB & ANR.
2009 INSC 79612 May 2009Appeal(s) allowed
The appellants were summoned as additional accused in a murder trial under Section 319 of the Criminal Procedure Code (CrPC) solely on the basis of the first informant’s statement. The trial court allowed the application, and the High Court dismissed the appellants’ revision, prompting a criminal appeal before the Supr…
PRALHAD & ORS.versusDEORAO & ORS.
2009 INSC 79712 May 2009Dismissed
The Maharashtra government appointed an Administrative Board for the Rokdeshwar Sahakari Soot Girni Ltd. under Section 157 of the Maharashtra Co-operative Societies Act, 1960, extending its term to 19 June 2009. The board was appointed while a writ petition seeking election of the society’s Board of Directors was pendi…
ORIENTAL INSURANCE CO. LTD.versusDEO PATODI AND ORS.
2009 INSC 79812 May 2009Disposed off
The Supreme Court considered a claim for compensation under Section 166 of the Motor Vehicles Act, 1988 filed by the parents of Deepak Patodi, a 22‑year‑old brilliant student who died in a road accident. Patodi earned Rs 80,000 per month from a part‑time job in the UK and had a prospective US job offering Rs 18 lakhs p…
FOOD CORP. OF INDIA & ORS.versusASHIS KUMAR GANGULY & ORS.
2009 INSC 79912 May 2009Dismissed
The Food Corporation of India (FCI) appealed against a Calcutta High Court order directing it to grant advance increments to 57 deputationist employees who had been absorbed from the West Bengal State Government. The employees claimed that, under the proviso to Regulation 81 of the FCI Staff Regulations, 1971, they wer…
ORIENTAL INSURANCE CO. LTD.versusMOHD. NASIR AND ANR.
2009 INSC 80112 May 2009Disposed off
The case involved several claimants who suffered injuries in motor vehicle accidents and sought compensation under the Workmen's Compensation Act, 1923 and the Motor Vehicles Act, 1988. The insurer argued that compensation should be limited to the percentage of physical disability prescribed by the statutes and that in…
STATE OF PUNJABversusGURLABH SINGH AND ANOTHER
2009 INSC 79012 May 2009Disposed off
The case concerns the murder of Karanjit Singh on 7 February 1995 when accused Gurlabh Singh, on the instruction of co‑accused Rajesh Narang, fired a .12‑bore DBBL gun after stopping a college bus with a gypsy. The trial court convicted both accused under Section 302 IPC (murder) and, for Narang, under Section 29 of th…
UNION OF INDIAversusHARPAT SINGH & ORS.
2009 INSC 79512 May 2009Disposed off
The Supreme Court examined compensation for agricultural lands acquired for Delhi development under the Land Acquisition Act, 1894, where the High Court had awarded Rs 3,45,000 per bigha (Rs 345 per sq yard) for Chilla Saroda Bangar. Relying on its earlier judgments in Karan Singh (1997) and Bali Ram Sharma (2004), the…
NATIONAL INSURANCE COMPANY LTD.versusSMT. SAROJ AND ORS.
2009 INSC 80012 May 2009Dismissed
The appellant, National Insurance Co., challenged a Motor Accident Claims Tribunal award of Rs 22.12 lakh compensation for the death of a 41‑year‑old technician, arguing that the Tribunal improperly applied the multiplier from the Second Schedule of the Motor Vehicles Act and exceeded the claimant's stated demand of Rs…
DHARAMPAL & ORS.versusU.P. STATE ROAD TRANSPORT CORPN.
2008 INSC 63112 May 2008Disposed off
The case arose from a fatal road accident on 1 September 2004 in which a bus collided with a motorcycle, killing five occupants. The claimants filed a petition before the Motor Accident Claim Tribunal, which awarded Rs.3,50,100 in compensation with interest at 6% per annum. The Uttarakhand High Court enhanced the compe…
M/S. SEEMA SILK & SAREES & ANR.versusDIRECTORATE OF ENFORCEMENT & ORS.
2008 INSC 63212 May 2008Dismissed
M/s. Seema Silk & Sarees, a partnership firm, and its partner were penalised under Sections 18(2) and 18(3) of the Foreign Exchange Regulation Act, 1973 for failing to repatriate export proceeds within the prescribed period. They challenged the constitutional validity of these provisions, arguing that the reverse burde…
DADU DAYALU MAHASABHA, JAIPUR (TRUST)versusMAHANT RAM NIWAS AND ANOTHER
2008 INSC 63512 May 2008Disposed off
The Dadu Dayalu Mahasabha, a registered public trust, and Mahant Ram Niwas were involved in a long series of suits concerning the entitlement and management of a religious Gaddi. The Supreme Court, in the first round of litigation, held that the respondent was not entitled to the Gaddi and granted him liberty to file a…
STATE OF UTTARANCHAL THRU. SECRETARYversusSEHNAZ MIRZA & ORS.
2008 INSC 63812 May 2008Case Partly allowed
Employees of a college filed a writ petition in the Allahabad High Court seeking regularisation of their services, which was partially granted. The order was not complied with, leading the employees to file a contempt petition under Sections 12 and 14 of the Contempt of Courts Act, 1971. After the Uttar Pradesh Reorgan…
UNION OF INDIAversusM/S. RANBAXY LABORATORIES LTD. AND OTHERS
2008 INSC 64012 May 2008Dismissed
The Union of India challenged a Delhi High Court decision that had upheld Ranbaxy Laboratories' claim of exemption from the Drugs (Price Control) Order, 1995 for its bulk drug Pentazocine. The exemption was granted by a government notification dated 29 August 1995 and was said to expire on 31 October 1999. The issue wa…
NEW INDIAN ASSURANCE CO. LTD.versusROSHANBEN RAHEMANSHA FAKIR & ANR.
2008 INSC 64112 May 2008Appeal(s) allowed
The case concerned a claim for compensation under the Motor Vehicles Act, 1988 arising from an accident involving an auto‑rickshaw that was insured as a goods‑carrying public carrier. The insurer, New Indian Assurance Co., argued that it should not be liable because the driver, Salim Amadbhai, held only a licence for a…
STATE OF M.P. AND ANR.versusANSHUMAN SHUKLA
2008 INSC 64312 May 2008Matter referred to larger bench
The State of Madhya Pradesh filed a revision application before the High Court under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, but the application was 80 days late. The issue was whether Section 5 of the Limitation Act, 1963, which allows condonation of delay, applies to such revision appl…
STTE OF PUNJAB & ANR.versusH.B. MALHOTRA
2006 INSC 32412 May 2006Dismissed
The respondent, H.B. Malhotra, a Punjab civil servant, faced disciplinary proceedings which he sought to avoid by offering to retire voluntarily on health grounds. The State accepted the offer, dropped the disciplinary case, but failed to release his retiral benefits. He filed a writ petition; the Punjab and Haryana Hi…
NATIONAL FERTILIZERS LTD. & ORS.versusSOMVIR SINGH
2006 INSC 32512 May 2006Appeal(s) allowed
National Fertilizers Ltd., a government company, imposed a ban on recruitment in its Marketing Division but nevertheless appointed 52 employees without advertising or notifying the employment exchange, in breach of its own Recruitment and Promotion Rules and the Employment Exchange Act. Various High Courts had ordered …
PANCHANAN OHARA AND ORS.versusMONMATHA NATH MAITY (DEAD) TH. LRS. & ANR.
2006 INSC 32812 May 2006Dismissed
The appellant, a subsequent purchaser of a suit property, challenged a decree granting specific performance of an agreement for sale entered into between the original buyer (Respondent No.1) and a private limited company (Respondent No.2). The company had promised to execute and register a sale deed but later refused, …
V.C. BANARAS HINDU UNIVERSITY & ORS.versusSHRIKANT
2006 INSC 32912 May 2006Disposed off
Dr. Shrikant, a lecturer at Banaras Hindu University, applied for leave to accompany his wife to the UK and attend a conference, receiving departmental recommendation but not the Vice Chancellor's sanction. He travelled abroad without explicit permission, later returned and submitted a joining report, which the Univers…
K.K. PARMAR AND ORS.versusH.C. OF GUJARAT TH. REGISTRAR & ORS.
2006 INSC 33012 May 2006Case Partly allowed
The appellants, assistants of the Gujarat High Court, challenged their exclusion from promotion to Section Officer, arguing that a 1982 Government Resolution limited the "zone of consideration" to three times the vacancies and that the selection process violated Rule 47(2) by not assigning marks for past performance. T…
U. RAGHAVENDRA ACHARYA AND ORS.versusSTATE OF KARNATAKA AND ORS.
2006 INSC 33112 May 2006Appeal(s) allowed
The appellants were retired teachers of university and private aided colleges in Karnataka who retired between 1 January 1996 and 31 March 1998. They had been placed on par with government college teachers and were governed by the UGC pay scales, which were revised with effect from 1 January 1996. The State Government …
UMRAOversusSTATE OF HARYANA AND ORS.
2006 INSC 33212 May 2006Dismissed
Umrao filed a FIR alleging that when he, his son Rajinder and his brother went to a tube‑well owned by the brother, the accused were removing an electric motor from it. A quarrel ensued and the accused struck Rajinder and others with various weapons. Rajinder was hospitalized, discharged on 25 September 1992, readmitte…
RAVINDER SINGH GORKHIversusSTATE OF U.P.
2006 INSC 33312 May 2006Dismissed
The appellant, R. S. Gorkhi, was convicted of murder committed on 15‑05‑1979 and claimed he was a minor at the time, seeking protection under Section 2(4) of the Uttar Pradesh Children Act, 1951. The Sessions Judge had relied solely on a school leaving certificate, dated 1998, which recorded his birth as 01‑06‑1963, an…
U.P. STATE SUGAR CORPORATION LTD. AND ANR.versusSANT RAJ SINGH & ORS.
2006 INSC 33512 May 2006Appeal(s) allowed
The case concerned a supervisory‑B employee of a sugar mill who, after the mill was nationalised under the Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971, sought to be placed in the corporation’s higher pay scale that was being paid to two other employees – one whose higher pay was protected under Section 16 …
M.P. GANGADHARAN AND ANR.versusSTATE OF KERALA AND ORS.
2006 INSC 33612 May 2006Dismissed
The State of Kerala had established a Family Court at Manjeri in 1999, but due to inadequate facilities the Bar Association sought its relocation to the district headquarters at Malappuram. The High Court recommended the shift, and the State Government issued an order effecting it. The appellants challenged the order, …
STATE OF HIMACHAL PRADESHversusKARANVIR
2006 INSC 33712 May 2006Appeal(s) allowed
The State of Himachal Pradesh appealed a High Court revision that set aside the conviction of Karanvir, a postmaster, under Section 409 of the IPC for misappropriating Rs. 8,000 entrusted to him for the purchase of National Savings Certificates. The complainant had deposited the amount with the postmaster, who, as a pu…
DHAMPUR SUGAR MILLS LTD.versusCOMMISSIONER OF TRADE TAX, U.P.
2006 INSC 33812 May 2006Dismissed
Dhampur Sugar Mills Ltd entered into a licence deed to use a sugar mill, agreeing to pay the licence fee largely in molasses. The revenue department assessed trade tax on the molasses, treating it as a sale under the Uttar Pradesh Trade Tax Act, 1948. The appellant argued that the molasses payment was a barter, not a s…
HOWRAH MILLS CO. LTD. AND ANR.versusMD. SHAMIM AND ORS.
2006 INSC 33912 May 2006Appeal(s) allowed
Howrah Mills Co. Ltd., a company under the Board for Industrial and Financial Reconstruction (BIFR), sought to sell a portion of its land to revive its industry. While the sale process was advanced, certain respondents, claiming fractional ownership, interfered with the company's possession and the police failed to pro…
STATE BANK OF BIKANER AND JAIPURversusOM PRAKASH SHARMA
2006 INSC 34012 May 2006Appeal(s) allowed
Om Prakash Sharma, a casual worker of State Bank of Bikaner and Jaipur, was terminated after three and a half months and replaced by a junior employee. He raised an industrial dispute and the appropriate Government referred the question of whether his termination violated Section 25H of the Industrial Disputes Act, 194…
NORTH EASTERN KARNATAKA R.T. CORPORATIONversusASHAPPA AND ANR.
2006 INSC 34112 May 2006Appeal(s) allowed
The respondent, Ashappa, a conductor employed by North Eastern Karnataka Road Transport Corporation, was absent without authorization for more than three years between November 1990 and December 1993 and repeatedly failed to report to duty despite notices. A departmental proceeding dismissed him for misconduct. He rais…
BUDH SINGH AND ORS.versusSTATE OF U.P.
2006 INSC 34212 May 2006Appeal(s) allowed
The appellants, Budh Singh and five others, were charged with murdering Ram Gopal and his wife Chatarvati and attempting to murder their son Rajveer Singh over a land dispute. The prosecution’s case relied on an FIR lodged at 00:25 on 13 April 1992, which reached the court on 18 April, and on medical and eyewitness evi…
STATE OF U.P. AND ORS.versusSARAYA INDUSTRIES LTD.
2006 INSC 34312 May 2006Dismissed
The State of Uttar Pradesh introduced a policy requiring distilleries to affix security holograms on liquor containers and, through a series of circulars, presumed that any hologram not produced before an Authorized Committee was lost and that the distillery must pay excise duty on the notional liquor that could have b…
RUR SINGH (D) TH. LRS. & ORS.versusBACHAN KAUR
2009 INSC 15612 February 2009Appeal(s) allowed
The case concerned a Will executed by a villager, Kehar Singh, bequeathing his agricultural lands to his sons, which was challenged by his daughter Bachan Kaur on the ground that the Will was not duly executed and was surrounded by suspicious circumstances. The trial court and the first appellate court held the Will ge…
CC (PREVENTIVE) AMRITSARversusM/S. MALWA INDUSTRIES LTD
2009 INSC 15712 February 2009Dismissed
The appellant, a customs preventive authority, challenged the exemption granted to M/s Malwa Industries Ltd under Notification No. 4/2006‑CE dated 1 March 2006, which provided a nil rate of additional duty on certain imported goods used in the same factory. The issue was whether the phrase “same factory” required the g…
CHAIRMAN, GANGA YAMUNA GRAMIN BANK & ORS.versusDEVI SAHAI
2009 INSC 15812 February 2009Appeal(s) allowed
The employee, Devi Sahai, was dismissed by Ganga Yamuna Gramin Bank, a Regional Rural Bank, on charges of misconduct after he failed to attend a departmental inquiry. He challenged the dismissal before the High Court, contending that the bank had not followed disciplinary procedures prescribed in guidelines issued by N…
UNION OF INDIAversusDHARAM PAL ETC.
2009 INSC 15912 February 2009Appeal(s) allowed
The Union of India appealed against a High Court order that upheld a tribunal’s direction to regularise the services of several railway clerks who had been appointed on an ad‑hoc basis. The respondents had been officiating as Material Checking Clerks (MCC) from 1986 without complying with the mandatory procedures of th…
RAGHAVENDRA RAO ETC.versusSTATE OF KARNATAKA & ORS.
2009 INSC 16212 February 2009Dismissed
The appellants, appointed as Patwaris/Nillage Accountants by a Tehsildar/Assistant Commissioner, sought regularisation of their services under the Karnataka Civil Services (Special Recruitment of Local Candidates) Rules, 1986. The State contended that the 1986 Rules were inapplicable because the appointing authority un…
U.P. STATE ROAD TRANSPORT CORPORATIONversusASSISTANT COMNR. OF POLICE (TRAFFIC) DELHI
2009 INSC 16412 February 2009Appeal(s) allowed
The U.P. State Road Transport Corporation (UP SRTC) challenged the suspension of its inter‑state bus permit by the Assistant Commissioner of Police (Traffic), Delhi, alleging that the officer lacked jurisdiction under the Motor Vehicles Act, 1988. The Supreme Court examined whether directions issued under Articles 32 a…
PEETHANI SURYANARAYANA & ANR.versusREPAKA VENKATA RAMANA KISHORE & ORS.
2009 INSC 17812 February 2009Dismissed
The appeal arose from a partition suit concerning a joint family property where the appellants had purchased undivided shares from certain defendants. A preliminary decree and a final decree were passed, both attaining finality. After the final decree, the decree holder sought to amend the decree to correct a clerical …
SHARADversusSTATE OF MAHARASHTRA & ANR.
2009 INSC 17912 February 2009Dismissed
The appellant, appointed as a District Transport Officer in 1984 on probation, was required by the District Transport Officers (Motor Vehicle Department) Department Examination Rules, 1984 to pass a departmental examination within two years and three chances. He failed to pass within the prescribed period and consequen…
J. KUMARADASAN NAIR & ANR.versusIRIC SOHAN & ORS.
2009 INSC 16512 February 2009Appeal(s) allowed
The case involved an appeal by J. Kumaradasan Nair & Anr. against Iric Sohan & Ors. concerning the applicability of Section 14 of the Limitation Act, 1963, after the appellants had prosecuted appeals in the wrong forum and cited an incorrect provision. The Kerala High Court had held that Section 14 was not attracted an…
BALU @ BAKTHVATCHALUversusSTATE OF TAMIL NADU
2008 INSC 17712 February 2008Case Allowed
The appellant, Balu (Bakthavatchalu), was convicted of murder under IPC 302 for an incident that occurred on 20 April 1998. The trial court recorded his age as 18 and rejected his application to be sent to a Borstal School. On appeal, the Supreme Court was asked to determine whether he was a juvenile at the time of the…
BADSHAH AND ORS.versusSTATE OF U.P.
2008 INSC 17812 February 2008Dismissed
The appellants Badshah and others were accused of kidnapping Suraj Pal Singh on 23 May 1980, armed and stating they would kill him. The victim was never seen again, and the prosecution relied on eyewitness testimony that the accused had expressed intent to murder. The trial court convicted them under Section 364 of the…
BHANWAR SINGHversusPURAN AND ORS.
2008 INSC 17912 February 2008Dismissed
The appellant, Bhanwar Singh, son of Sant Ram, challenged a mortgage and sale of land made by his father in 1985 to the respondents, arguing that the land was joint family property and could not be alienated without legal necessity. The land originally belonged to the appellant's paternal grandfather, Bhima, who died i…
STATE OF M.P. AND OTHERS.versusHAZARILAL
2008 INSC 18012 February 2008Dismissed
Hazarilal, a peon in a Madhya Pradesh middle school, was convicted under IPC sections 323 and 34 for a simple assault and was fined Rs.500 after his one‑month imprisonment was reduced on appeal. The State terminated his service under the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966, in…
PATINHARE PURAYIL NABEESUMMAversusMINIYATAN ZACHARIAS AND ANOTHER
2008 INSC 18112 February 2008Case Allowed
The appellant, Patinhare Purayil Nabeesumma, claimed title and possession of land for which her husband, a cultivating tenant, had obtained a certificate of purchase under the Kerala Land Reforms Act in 1976. The respondents later obtained a second certificate for the same land in 1977. The trial court and first appell…
THE NEW INDIA INSURANCE COMPANYversusDARSHANA DEVI AND ORS
2008 INSC 18212 February 2008Disposed off
A labourer travelling on the mud‑guard of a tractor owned by three brothers was killed when the driver, the son of one owner, lost control of the vehicle. The driver had no licence and the tractor was being used for hire, contrary to the terms of the compulsory insurance policy. The heirs of the deceased filed a claim …
LIFE INSURANCE CORPORATION OF INDIA & OTHERSversusRETIRED L.L.C. OFFICERS ASSOCIATION AND OTHERS
2008 INSC 18312 February 2008Dismissed
The Life Insurance Corporation of India (LIC) issued instructions under Regulation 51 of its 1960 Staff Regulations fixing different cut‑off dates for pay revision (1‑Apr‑1993) and for payment of gratuity (1‑Aug‑1994). Retired officers challenged the gratuity cut‑off date, arguing that Regulation 51 did not empower the…
N. SURIYAKALAversusA. MOHANDOSS AND ORS.
2007 INSC 12512 February 2007Dismissed
The wife, N. Suriyakalan, filed a criminal case under Sections 498A and 406 IPC and Section 4 of the Dowry Prohibition Act against her husband A. Mohandoss and his relatives, which the Madras High Court later quashed. She also filed a maintenance petition. An SLP under Article 136 of the Constitution was filed 978 days…
T.N. ALLOY FOUNDRY CO. LTD.versusT.N. ELECTRICITY BOARD AND ORS.
2004 INSC 10212 February 2004Dismissed
T.N. Alloy Foundry Co. Ltd., a company incorporated under the Indian Companies Act, sued the Tamil Nadu Electricity Board and others for damages arising from non‑supply of electricity between 28 March 1983 and 16 October 1992. The suit was filed in March 1993, and in July 1998 the company sought to amend the plaint to …
PUNAM DEVI AND ANR.versusDIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD. AND ORS.
2004 INSC 10312 February 2004Appeal(s) allowed
In a motor accident, Sanjiv Kumar Jha died and his heirs obtained a compensation award of Rs. 3,91,500 from the Motor Accident Claims Tribunal, Bhagalpur. The insurer, New India Assurance Co., appealed, first to a Single Judge of the Patna High Court, which dismissed the appeal as non‑maintainable, and then via a lette…
RAJASTHAN STATE ROAD TRANSPORT CORPORATION --I & ANR.versusBAL MUKUND BAIRWA
2009 INSC 1412 January 2009Reference answered
The Rajasthan State Road Transport Corporation (a State corporation) terminated several employees and the employees filed civil suits alleging violation of natural‑justice principles and statutory regulations. The Supreme Court was asked to resolve a conflict between earlier judgments on whether civil courts have juris…
NATIONAL INSURANCE CO. LTD.versusDEEPA DEVI AND ORS.
2007 INSC 125711 December 2007Appeal(s) allowed
During the 1993 Assembly elections, a Maruti Gypsy owned by Respondent No.3 and insured by National Insurance Co. Ltd. was requisitioned by the Sub‑Divisional Magistrate under the Representation of the People Act. While the magistrate was travelling in the vehicle, it met with an accident that caused the death of a boy…
SHAKUR BASTI SHAMSHAN BHUMI SUDHAR SAMITI (REGD.)versusTHE LT. GOVERNOR, NATIONAL CAPITAL TERRITORY OF DELHI AND OTHERS
2007 INSC 125811 December 2007Dismissed
The Shakur Basti Shamshan BhumI Sudhar Samiti, a society managing a cremation ground, challenged a series of orders that allowed the land to be used for residential purposes and later directed the Lieutenant Governor to allot the land to the Municipal Corporation of Delhi (MCD) for continued cremation use. The High Cou…
SUMERSINBH UMEDSINH RAJPUT @ SUMERSINHversusSTATE OF GUJARAT
2007 INSC 126211 December 2007Appeal(s) allowed
The appellant, a driver of a Tata Spacio, was intercepted by police and, according to the prosecution, snatched a service revolver during a scuffle and fired at the complainant, a police sub‑inspector, causing a gunshot injury. He was convicted by the trial courts under IPC sections 307 (attempt to murder) and 353 (vol…
GURUNATH MANOHAR PAVASKAR & ORSversusNAGESH SIDDAPPA NAVALGUND & ORS.
2007 INSC 126311 December 2007Appeal(s) allowed
Gurunath Manohar Pavaskar and others sued Nagesh Siddappa Navalgund and others for permanent and mandatory injunction, alleging that the defendants had encroached upon land they claimed to own by deed of sale dated 7‑Nov‑1984. The trial court decreed the suit, and the Karnataka High Court upheld the decree, holding tha…
JITENDRA KUMAR & ORS.versusSTATE OF HARYANA & ANR.
2007 INSC 126511 December 2007Dismissed
The appellants, selected candidates of the Haryana Civil Service (Executive Branch) and Allied Services, sought appointment after the State of Haryana reduced the cadre strength from 300 to 230 posts following a Model Code of Conduct during elections. The High Court dismissed their writ petitions, holding that the sele…
AJAY KUMAR POEIAversusSHYAM AND ORS.
2003 INSC 70411 December 2003Dismissed
In a Uttar Pradesh Legislative Assembly election for a seat reserved for Scheduled Castes, the appellant challenged the election of the respondent on the ground that the respondent was not a member of a Scheduled Caste. The election petition relied on various statements about the respondent's caste certificates and all…
M/S. SARA V INVESTMENT & FINANCIAL CONSULTANTS PVT. LTD. AND ANR.versusLLYODS REGISTER OF SHIPPING INDIAN OFFICE STAFF PROVIDENT FUND AND ANR.
2007 INSC 103811 October 2007Appeal(s) allowed
The respondent filed a complaint under Section 138 of the Negotiable Instruments Act alleging that nine cheques issued by the appellants had bounced. The respondent claimed to have served statutory notice to the appellants on May 7, 2000, but the notice was not sent by registered post and the affidavits of the process …
JASWANTSINGH PRATAPSINGH JADEJAversusRAJKOT MUNICIPAL CORPORATION AND ANR.
2007 INSC 103911 October 2007Appeal(s) allowed
Jaswantsingh Pratapsingh Jadeja was appointed as a Vigilance Officer of the Rajkot Municipal Corporation on a temporary basis with a six‑month probation under the Bombay Provincial Municipal Corporation Act, 1949. His probation was repeatedly extended beyond the statutory limit, and after a period of unauthorized leave…
ADMINISTRATOR TRUST OF INDIAversusB.M. MALANI AND ORS.
2007 INSC 104011 October 2007Disposed off
B.M. Malani invested Rs 65 lakhs in a Unit Trust of India (UTI) monthly‑income scheme in 1998, seeking exemption under Sec. 54AE. The scheme stipulated a five‑year lock‑in and that units could be redeemed only at face value (Rs 10) after the lock‑in, with repurchase option exercisable by the investor from 1 Sept 2001. …
MANAGING DIRECTOR, KARNATAKA FOREST DEVELOPMENT CORPORATION LTD.versusWORKMEN OF KARNATAK.A PULPWOOD LTD. AND ORS,
2007 INSC 104111 October 2007Appeal(s) allowed
The workmen of Karnataka Pulpwood Ltd, a loss‑making joint‑sector subsidiary of Karnataka Forest Development Corporation Ltd (KFDC), sought compulsory absorption into KFDC after the State Government granted permission to close the undertaking under Section 25 of the Industrial Disputes Act, 1947. The Karnataka High Cou…
STATE OF PUNJAB AND ORS.versusBHATINDA DISTRICT COOP. MILK P. UNION LTD.
2007 INSC 104211 October 2007
The State of Punjab issued a show‑cause notice on 4 September 2006 under section 21(1) of the Punjab Cooperative Societies Act, 1948 to revise an assessment order dated 20 March 2001, more than five years after the assessment was completed. The respondent, Bhatinda District Cooperative Milk Producers Union Ltd., did no…
MOHANNAKUMARAN NAIRversusVIJAYAKUMARAN NAIR
2007 INSC 104311 October 2007Appeal(s) allowed
The appellant borrowed Rs 6,02,000 from the respondent in Saudi Arabia and executed a promissory note there. The respondent filed a suit for recovery in the Subordinate Court at Attingal, Kerala. The appellant contended that the court lacked territorial jurisdiction under Section 20 of the CPC because the cause of acti…