C.NATRAJANversusASHIM BAI AND ANR.
2007 INSC 104411 October 2007Appeal(s) allowed
The appellant filed a suit in 2001 seeking declaration of title, an injunction and, alternatively, recovery of possession of a property, alleging that the cause of action arose in 1994. The respondents moved an application under Order 7 Rule 11(d) of the CPC to reject the plaint on the ground that the suit was barred b…
G.M. TANDA THERMAL POWER PROJECTversusJAI PRAKASH SRIVASTAVA AND ANR.
2007 INSC 104511 October 2007Appeal(s) allowed
The State of Uttar Pradesh acquired land for G.M. Tanda Thermal Power Project and the Special Land Acquisition Officer (SLAO) engaged daily‑wage workers, including Jai Prakash Srivastava, to handle the acquisition cases. Although the appellant (the power project company) funded the wages, the appointment and supervisio…
SURESH JINDALversusBSES RAJDHANI POWER LIMITED AND ORS.
2007 INSC 104611 October 2007Dismissed
The consumer, Suresh Jindal, challenged the replacement of his electromechanical electricity meter with an electronic one by BSES Rajdhani Power Ltd, alleging the new meter ran fast (+1.79%) and was illegal. He sought a writ of mandamus to quash the replacement and the testing report. The Delhi High Court dismissed the…
ATTAR SINGH KAUSHIKversusSECRETARY, COMMR. TRANSPORT DEPARTMENT AND ANR.
2007 INSC 104711 October 2007Appeal(s) allowed
The appellant Attar Singh Kaushik and respondent Vishveshwar Dayal Sharma were both Assistant Sub‑Inspectors of Police who were deputed to the Vigilance Department of the Delhi Transport Authority and later absorbed permanently. A dispute arose over their inter‑se seniority after absorption, with the respondent having …
BACHAN SINGH & ANR.versusSTATE OF BIHAR
2008 INSC 102911 September 2008Disposed off
TAMA @ TAMAL MALversusSTA TE OF WEST BENGAL
2007 INSC 91011 September 2007Dismissed
The appellant was convicted of murder under Section 302 IPC for stabbing the deceased, Alimat alias Aliul Zaman, on 29 September 1990 in Jindighi, Murshidabad. The prosecution relied on the testimony of two eye‑witnesses who saw the appellant stab the victim, while the defence argued that the FIR was lodged after a del…
ALLAHABAD DEVELOPMENT AUTHORITY AND ANR.versusSABIA KHAN AND ANR.
2006 INSC 41811 July 2006Appeal(s) allowed
The Allahabad Development Authority (ADA) levied water, malwa, sub‑division, development and open‑space charges on property owners, which were challenged by Sabia Khan and others in writ petitions. The Allahabad High Court struck down the charges, holding them impermissible, without conducting a detailed factual analys…
PEPSICO INDIA HOLDINGS P. LTD.versusSTATE OF KERALA & ORS.
2009 INSC 78411 May 2009Appeal(s) allowed
Pepsico India Holdings Ltd. sought to set up a medium‑scale soft‑drink plant in Kerala relying on a 1993 state policy that exempted new industrial units from sales tax for seven years. The company obtained assurances from KSIDC and the State Industries Department that it would receive the exemption, entered a lease, pa…
M.P. PETERversusSTATE OF KERALA & ORS.
2009 INSC 78611 May 2009Appeal(s) allowed
The appellant, M.P. Peter, claimed ownership of 13.25 cents of land in Kizhakkambalam and was ordered by a Sub‑Divisional Magistrate under Section 145 of the CrPC to hand the property over to the respondent. The Sessions Court reversed that order, but the High Court restored it, and the Supreme Court dismissed the appe…
JAYENDRA VISHNU THAKURversusSTATE OF MAHARAHSTRA AND ANOTHER
2009 INSC 78711 May 2009Appeal(s) allowed
Jayendra Vishnu Thakur was charged under the Terrorist and Disruptive Activities (Prevention) Act (TADA) for the murder of Suresh Narsinh Dube. He was declared a proclaimed offender under Section 82 of the CrPC, later arrested several times, and the prosecution sought to record the testimony of ten witnesses in his abs…
GLOBAL ENERGY LTD. & ANR.versusCENTRAL ELECTRICITY REGULATORY COMMISSION
2009 INSC 78511 May 2009Appeal(s) allowed
The Central Electricity Regulatory Commission (CERC) granted an interim inter‑state trading licence to Global Energy Ltd., but later invoked Regulation 6A of the 2006 amendment to disqualify the applicant on grounds of pending legal proceedings and a vague "fit and proper" test, revoking the licence. The appellants cha…
NOOR@ NOORDHINversusSTATE OF KARNATAKA
2007 INSC 55811 May 2007Disposed off
The appellant, Nooruddin, was charged along with six others for offences including assault, grievous hurt and the death of Udaya Kumar. The trial court convicted him under Sections 143, 148, 341, 326, 302 read with Section 149 IPC, while acquitting the co‑accused on the ground that they were not named in the FIR. On ap…
MANIBEN W/O. DANABHAI TULSHIBAI MAHERIAversusSTTE OF GUJARAT
2007 INSC 55911 May 2007Dismissed
The deceased, Maniben, was allegedly burnt by her mother‑in‑law and brother‑in‑law after a domestic dispute. She gave a dying declaration to the police and later to a magistrate, identifying both accused as responsible. Both were convicted on the basis of that declaration, which the High Court upheld. On appeal, the ac…
V. SHANKARANARAYANA RAO (D) BY LRS. & ORS.versusLEELAVATHY (DEAD) BY LRS. & ORS.
2007 INSC 56011 May 2007Appeal(s) allowed
The case involved a partition suit filed by the daughter, Leelavathi, of the deceased G. Venkata Rao, seeking a one‑fourth share in his properties. The three sons contested, asserting that the properties were their personal assets and that the transactions were not benami. The trial court dismissed the suit, holding th…
NORTH EASTERN RAILWAY ADMINISTRATION, GORAKHPURversusBHAGWAN DAS (D) BY LRS.
2008 INSC 49011 April 2008Case Allowed
The respondent filed a suit for a perpetual injunction to protect his possession of land, which the trial court decreed in his favour, holding him to be the Bhumidhar. The appellant, North Eastern Railway Administration, appealed and claimed that the decree was obtained by fraud, asserting that the land had been transf…
K.T. PALANISAMYversusSTATE OF TAMIL NADU
2008 INSC 4211 January 2008Case Allowed
The appellant, an astrologer, was convicted along with two others for the alleged murder of Somasundaram under sections 302, 1208, 34, 109, 379 and 201 of the IPC, based largely on circumstantial evidence that the deceased was last seen with the appellant and the recovery of a gold chain. No dead body was ever recovere…
KRISHNA JANARDHAN BHATversusDATTATRAYA G. HEGDE
2008 INSC 4411 January 2008Case Allowed
The appellant, a businessman, handed blank cheques to his former power‑of‑attorney partner and later disputed a loan of Rs 1.5 lakh allegedly advanced by the partner's brother‑in‑law, repaying it by an account‑payee cheque that later bounced. He was convicted under Section 138 of the Negotiable Instruments Act, with th…
COMMISSIONER, MUNICIPAL CORPORATION HYDERABAD AND OTHERSversusP. MARY MANORANJANI AND ANOTHER
2008 INSC 4511 January 2008Case Allowed
The respondent, a casual Balwadi teacher employed by the Municipal Corporation of Hyderabad, sought regular appointment after the State issued G.O. No.27 M.A. (Q) exempting voluntary workers from the employment‑exchange sponsorship requirement. The corporation required candidates to clear a written test, typing test an…
OSWAL WOOLEN MILLS LTDversusPUNJAB STATE ELECTRICITY BOARD & ANR.
2008 INSC 4611 January 2008Disposed off
In Oswal Woolen Mills Ltd. v. Punjab State Electricity Board & Anr., the company sought clarification on a prior judgment regarding the commencement date for payment of a surcharge under the Electricity (Supply) Act, 1948. The issue was whether the surcharge liability arose on 13 May 1992, the date of conversion of sup…
EMP. STATE INSURANCE CORPORATIONversusH.M.T. LTD. AND ANR.
2008 INSC 4811 January 2008Case Allowed
The employer, H.M.T. Ltd., failed to deposit the Employees' State Insurance contributions within the statutory period, prompting the Employees' State Insurance Corporation (ESIC) to claim interest and damages under Section 858 of the Employees' State Insurance Act, 1948. The Karnataka High Court limited interest to two…
BENJAMINversusSTATE REP. BY INSPECTOR OF POLICE
2008 INSC 4911 January 2008Dismissed
The appellant and two co‑accused were charged with murder under Section 302 IPC, with the third accused also charged under Section 34. On 25 November 1994, the deceased was assaulted with a wooden log by the appellant while the co‑accused restrained him and threatened a witness. The deceased sustained multiple severe h…
FOOD CORPORATION OF INDIA & ANR.versusM/S SEIL LTD. & ORS.
2008 INSC 5011 January 2008Dismissed
The respondents, manufacturers of levy sugar, supplied the commodity to the Food Corporation of India (FCI) and the Uttar Pradesh Power Corporation Ltd. (UPPCF) under the Essential Commodities Act, 1955. After the Central Government sanctioned the respondents' claims, FCI withheld payment, citing alleged shortages of s…
M.DURAIversusMADHU AND ORS.
2007 INSC 3111 January 2007Appeal(s) allowed
M. Durai sued Madhu and others for title to a parcel of land, relying on a sale deed dated 19‑Aug‑1978. The defendants claimed they had acquired title by adverse possession, having occupied the land openly and continuously for more than twelve years. The trial court accepted the defendants' claim and dismissed the suit…
SECRETARY, U.P. HIGH SCHOOL & INTERMEDIATE EDUCATION, ALLAHABAD & ANR.versusH.K.LAL
2007 INSC 3211 January 2007Appeal(s) allowed
The respondent, H.K. Lal, sought to have his date of birth altered in a matriculation certificate issued by the Uttar Pradesh High School and Intermediate Education Board. After a series of writ petitions and a civil suit that resulted in a decree ordering the alteration, the Board appealed the decree. While the appeal…
DISTRICT REHABILITATION OFFICER AND ORS.versusJAY KISHORE MAITY AND ORS.
2006 INSC 81710 November 2006Disposed off
The Union Government launched a rehabilitation scheme for disabled persons, establishing District Rehabilitation Centres in several states and employing workers on state pay scales. The workers filed petitions before the Central Administrative Tribunal (CAT) claiming they were Central Government employees and sought th…
BHOGPUR CO-OP SUGAR MILLS LTD.versusHARMESH KUMAR
2006 INSC 81810 November 2006Appeal(s) allowed
Bhogpur Co‑op Sugar Mills Ltd, a seasonal sugar mill, hired Harmesh Kumar as a daily‑wage seasonal worker and later terminated his services at the end of the season. Kumar raised an industrial dispute under the Industrial Disputes Act, 1947, and the State referred the matter to the Labour Court under Section 10(1)(c). …
INDIAN AIRLINES LID.versusPRABHA D. KANAN
2006 INSC 81910 November 2006Case Partly allowed
Prabha D. Kanan, an air hostess promoted to Deputy Manager at Indian Airlines Ltd., was arrested in 2002 for allegedly carrying undeclared foreign currency and her services were terminated on 9 August 2002 under Regulation 13 of the Indian Airlines (Flying Crew) Service Regulations, which allows discharge without enqui…
COMMISSIONER OF CENTRAL EXCISE, SURATversusM/S. ZANDU PHARMACEUTICAL WORKS LTD.
2006 INSC 82010 November 2006Dismissed
The respondent, Zandu Pharmaceutical Works Ltd., manufactured a hair oil called "Alma Lio" and initially classified it as an Ayurvedic medicament under SH 3003.39 of the Central Excise Tariff Act, 1985. The Commissioner of Central Excise issued a show‑cause notice alleging that the product should be classified as a cos…
JASWANT SINGH GILLversusM/S. BHARAT COKING COAL LTD. AND ORS.
2006 INSC 82110 November 2006Appeal(s) allowed
Jaswant Singh Gill, a chief general manager of Bharat Coking Coal Ltd., faced departmental proceedings for alleged shortage of coal. While the disciplinary inquiry was pending, he retired and applied for gratuity under the Payment of Gratuity Act, 1972, which was denied on the ground that his gratuity was forfeited by …
STATE OF UTTARANCHALversusRAJESH KUMAR GUPTA
2006 INSC 82610 November 2006Dismissed
The State of Uttarakhand appealed against the High Court’s order granting bail to Rajesh Kumar Gupta, an Ayurvedacharya who was arrested for allegedly dispensing unlabelled tablets containing psychotropic substances such as phenobarbitone and chlorodiazepoxide, claimed to be herbal cures for epilepsy. Seizure of about …
STATE OF A.P.versusV. SARMA RAO AND ORS. ETC. ETC.
2006 INSC 82710 November 2006Dismissed
The State of Andhra Pradesh alleged a large‑scale fraud in the award of compensation under the Land Acquisition Act and sought a criminal inquiry under Section 340 of the CrPC. A District Judge conducted the inquiry, but the High Court held that the Subordinate Judge appointed under the Act was not subordinate to the D…
MOHAN RAJversusDIMBESWARI SAIKIA & ANR
2006 INSC 82810 November 2006Appeal(s) allowed
Mohan Raj, then Superintendent of Police in Assam, was charged in a complaint for the killing of alleged extremists during ethnic violence in 1983. Under the Assam Amendment Act, 1983, the court was required to refer the matter to the State Government, which issued a certificate on 20‑Nov‑1985 stating that the police a…
AMRIT SINGHversusSTATE OF PUNJAB
2006 INSC 82910 November 2006Case Partly allowed
Amrit Singh was convicted of raping and murdering a 7‑8‑year‑old girl, Rajpreet Kaur, whose body was found bleeding profusely in his cotton field. The trial court and High Court sentenced him to death under IPC Sections 376 and 302, relying primarily on the "last seen together" testimony and circumstantial evidence. On…
GANGADHAR PILLAIversusM/S. SIEMENS LTD.
2006 INSC 83010 November 2006Dismissed
Gangadhar Pillai was engaged by Siemens Ltd. on a series of temporary contracts for project work from 1978 to 2000, each appointment ending when the specific project was completed. She claimed that the employer’s practice of repeatedly hiring her as a temporary worker for over two decades amounted to an unfair labour p…
STATE OF HARYANA AND ORS.versusM.P. MOHLA
2006 INSC 83210 November 2006Dismissed
M.P. Mohla, a veterinary surgeon employed by the State of Haryana, claimed entitlement to a higher promotional pay scale under the Haryana Civil Services (Revised Pay) Rules, 1998 and the Assured Career Progression (ACP) Rules, 1998. The High Court allowed his writ petition, granting the higher pay, but the State’s Spe…
SHAKUNTALA CHANDRAKANT SHRESHTIversusPRABHAKAR MARUTI GARVALI AND ANR.
2006 INSC 83310 November 2006Dismissed
The deceased, a cleaner employed in a milk‑transport truck, suffered a sudden heart attack and died while alighting from the vehicle. His mother filed a claim under the Workmen's Compensation Act, 1923, alleging the death occurred in the course of employment. The Commissioner allowed the claim without any evidence that…
M/S SRINIVASA RICE MILLversusEMPLOYEES STATE INSURANCE CORPORATION
2006 INSC 83410 November 2006Case Partly allowed
MIS Srinivasa Rice Mill was brought under the Employees' State Insurance Act, 1948 on 1 August 2000. The ESIC had inspected the mill before that date and, based on the inspection, issued a show‑cause notice under section 85(g) threatening criminal prosecution for failure to pay contributions. The mill challenged the no…
U.P. STATE ROAD TRANSPORT CORPORATION AND ORS.versusSHIVAJI
2006 INSC 83510 November 2006Disposed off
The driver Shivaji was removed from service after a domestic inquiry that alleged he intentionally drove into a privately installed barrier, injuring a passenger. The Labour Court held the inquiry invalid but later found him guilty of serious misconduct and ordered termination. The High Court, finding no evidence of in…
THE SHAHABAD COOPERATIVE SUGAR MILLS LTD.versusSPECIAL SECRETARY TO GOVT. OF HARYANA CORPN. AND ORS
2006 INSC 83610 November 2006Appeal(s) allowed
The Shahabad Cooperative Sugar Mills Ltd., a cooperative society, dismissed its Chief Accounts Officer (respondent No.3) on misconduct charges after an ex parte enquiry. The employee appealed the dismissal to the Registrar under the Punjab Co‑operative Societies Act, 1961, which was dismissed, and then filed a revision…
M/S. PANDEY & CO. BUILDERS PVT. LTD.versusSTATE OF BIHAR AND ANR.
2006 INSC 83710 November 2006Dismissed
The appellant, Mis. Pandey & Co. Builders Pvt. Ltd., entered into a contract for canal repair work that contained an arbitration clause. Disputes arose and the appellant invoked arbitration, but the named arbitrator (the Superintending Engineer) retired and his successor delayed the proceedings. The Irrigation Departme…
K. PRAKASHANversusP.K. SURENDERAN
2007 INSC 102910 October 2007Appeal(s) allowed
The respondent advanced a total of Rs. 3,16,000 to the appellant, who later issued a cheque that was dishonoured, leading to a complaint under Section 138 of the Negotiable Instruments Act. The trial court acquitted the appellant, holding that he had discharged the burden of proof on a pre‑ponderance basis despite not …
KISHAN CHAND AND ORS.versusSTATE OF U.P.
2007 INSC 103010 October 2007Dismissed
The case arose from a dispute over a plot of land allotted to Phool Chand, who attempted to raise construction despite an undertaking not to do so. Villagers gathered to oppose the construction; the accused, armed with guns and lathis, proceeded anyway and, after verbal abuse, opened fire, killing two villagers and inj…
M.C.MEHTAversusUNION OF INDIA AND ORS.
2007 INSC 102810 October 2007Dismissed
The Supreme Court entertained a public‑interest writ petition filed by environmental lawyer M.C. Mehta concerning the Taj Heritage Corridor project, where the CBI had investigated alleged irregularities involving the then Chief Minister of Uttar Pradesh, Mayawati, and Minister Naseemuddin Siddiqui. After the CBI submit…
MARUTI UDYOG LIMITEDversusMAHINDER C. MEHTA AND ORS.
2007 INSC 103210 October 2007Appeal(s) allowed
Maruti Udyog Ltd. sued the directors of Mahalaxmi Motors Ltd. for failing to pay advances obtained from customers. The dispute was referred to arbitration by the Supreme Court, which ordered the respondents to furnish a bank guarantee of Rs 7.63 crore. The respondents neither provided the guarantee nor disclosed that t…
STATE OF M.P. AND ORS.versusSANJA Y KUMAR PATHAK AND ORS.
2007 INSC 103310 October 2007Appeal(s) allowed
The State of Madhya Pradesh sought to recruit Assistant Teachers under the Operation Black Board project, amending Rule 10(3) of the 1973 recruitment rules to expedite selection. After interviews in Damoh district, an Administrative Tribunal stayed appointments and later declared the amendment illegal, a decision the S…
M/S MAHALAXMI MOTORS LTD.versusMANDAL REVENUE OFFICER AND ORS.
2007 INSC 103410 October 2007Dismissed
Mis Mahalaxmi Motors Ltd. purchased land that had vested in the State of Andhra Pradesh after the 1955 Abolition of Inams Act and constructed a workshop, but the High Court held the land belonged to the State and dismissed its writ petitions. The State, through the Mandal Revenue Officer, initiated proceedings under th…
STATE OF MAHARASHTRA AND ANR.versusMOHD. SAJID HUSAIN MOHD. S. HUSAIN ETC.
2007 INSC 103510 October 2007Appeal(s) allowed
The State of Maharashtra filed a criminal appeal against the Bombay High Court's order granting anticipatory bail to eight accused—including police officers, politicians and a businessman—who were alleged to have raped a girl who was a minor at the time of the offence. The girl, identified as Puja, was medically examin…
JANTIA HILL TRUCK OWNERS ASSOCIATIONversusSHAILANG AREA COAL DEALER AND TRUCK OWNER ASSOCIATION AND OTHERS ,
2009 INSC 89810 July 2009Appeal(s) allowed
The Supreme Court examined whether the Government of Meghalaya could issue a memorandum under Section 138(2)(b) of the Motor Vehicles Act, 1988 authorising weigh‑bridge installations and fee collection without the rules prescribed by the Act being framed. The Court held that the Constitution (Articles 162 and 166) empo…
SOMA CHAKRAVARTYversusSTATE THROUGH CBI
2007 INSC 55110 May 2007Dismissed
The appellant, Soma Chakravarty, a Deputy Manager in the publicity division of ITPO, was charged by a Special Judge under IPC sections 420 r/w 120-B, 429, 468, 471 and the Prevention of Corruption Act for allegedly signing bogus advertisement bills that led to a loss of Rs.30,30,057 to the government. She contended tha…
KENDRIYA VIDYALAYA SANGATHAN & ORS.versusL.V. SUBRAMANYESWARA & ANR.
2007 INSC 55210 May 2007Appeal(s) allowed
The Kendriya Vidyalaya Sangathan (KVS) appointed certain teachers on an ad‑hoc basis to fill leave vacancies, stipulating that such appointments did not confer any right to regularisation. The teachers continued in service after the High Court’s interim orders and sought regularisation, invoking the Supreme Court’s dec…
JOSEPH AND ANR.versusSTATE OF KERALA AND ANR.
2007 INSC 55310 May 2007Appeal(s) allowed
The appellants purchased 14 acres of private forest land in Kerala before the appointed day of 10 May 1971 and sought exemption from vesting under the Kerala Private Forest (Vesting and Assignment) Act, 1971, invoking Section 3(3). The Forest Tribunal granted the exemption, but the State later sought review, which was …
ANILversusSTATE OF HARYANA
2007 INSC 55410 May 2007Dismissed
The appellant was convicted of murder under Section 302 of the Indian Penal Code and for a firearms offence under Section 27 of the Arms Act after he shot the deceased, Dinesh, who was unarmed and opening his door during a family wedding. The prosecution proved that the appellant alone was armed, fired a shot that caus…
COMMNR OF CENTRAL EXCISE, BHAVNAGARversusM/S. SAURASHTRA CHEMICALS LTD.
2007 INSC 55510 May 2007Appeal(s) allowed
Saurashtra Chemicals Ltd imported two generator sets, one of which was received on 24 Oct 1998 but not installed until after 1 Apr 2000. At the time of receipt Rule 57Q(3) of the Central Excise Rules applied, allowing up to 75% credit, but the Rules were amended on 1 Apr 2000 by Rule 57AC which limits CENVAT credit on …
M/S. MAURI YEAST INDIA PVT. LTD.versusSTATE OF U.P. AND ANOTHER
2008 INSC 47510 April 2008Appeal(s) allowed
Mauri Yeast India Pvt. Ltd., a manufacturer of yeast, had long classified its product as a "chemical" under Entry 21 of the Uttar Pradesh Sales Tax Notification and paid tax accordingly. In 2005 the assessing officer re‑classified yeast as an "unclassified item" and imposed a higher tax, a decision upheld by the appell…
COMMISSIONER OF CUSTOMS, MUMBAIversusM/S. J.D. ORGOCHEM LIMITED
2008 INSC 47710 April 2008Dismissed
The Commissioner of Customs appealed against the judgment of the Customs, Excise & Service Tax Appellate Tribunal which had accepted M/s JD Orgochem Ltd.'s declared transaction value of US$13.2 per kg for imported dinitro crysazine, despite an earlier import at US$18.7 per kg. The assessing authority had rejected the d…
M/S. GODAVARI FINANCE CO.versusDEGALA SATYANARAYANAMMA & ORS.
2008 INSC 47910 April 2008Case Allowed
The vehicle involved in a fatal accident was financed by M/s. Godavari Finance Co. under a hire‑purchase agreement, while the fourth respondent, Ch. Praveen Kumar, was the registered owner and in possession of the vehicle. The claimants filed a compensation claim against the driver, the owner, the insurer and the finan…
PONNUSAMYversusSTATE OF TAMIL NADU
2008 INSC 48210 April 2008Dismissed
The appellant, Ponnusamy, was married to Selvi and after a dispute over land she disappeared. He made extra‑judicial confessions to several villagers, admitting that he had murdered her and thrown her body into a canal. Following his confession, the police recovered the decomposed body, which was identified by jeweller…
RAITANLALversusSTATE OF JAMMU AND KASHMIR
2007 INSC 39410 April 2007Appeal(s) allowed
The appellant Rattanlal was charged with murder of Santosh Kumar along with two co‑accused. The trial court acquitted them, citing serious inconsistencies in witness statements, medical evidence, the recovery of weapons and the non‑examination of the investigating officer, which created reasonable doubt. The High Court…
NARESH KUMAR MADANversusSTATE OF MADHYA PRADESH
2007 INSC 39510 April 2007Dismissed
Naresh Kumar Madan, a civil engineer employed by the Madhya Pradesh Electricity Board, was caught accepting a bribe of Rs.1,000 for granting an electrical connection and was charged under the Prevention of Corruption Act, 1988. He contended that he was not a "public servant" within the meaning of the Act because the de…
MAGANversusSTATE OF MADHYA PRADESH
2007 INSC 39610 April 2007Dismissed
On 27 November 1990, the appellant Magan and four others attacked Indar Singh in Theka Kund village, with Magan shooting an arrow that pierced Indar's chest, leading to his death; Indar's brother Hari Singh was also injured. The trial court convicted all five accused under Sections 148, 302/149 and 323/149 of the IPC, …
EVEREST ADVERTISING PVT. LTD.versusSTATE, GOVT. OF NCT OF DELHI AND ORS.
2007 INSC 39710 April 2007Appeal(s) allowed
Everest Advertising Pvt. Ltd. filed a complaint under the Negotiable Instruments Act against Dalmia Industries Ltd. and its Chairman and Managing Director for dishonour of post‑dated cheques. A Metropolitan Magistrate issued summons against the respondents under CrPC s.204, but later recalled the order for the Chairman…
DIVISIONAL FORESTS OFFICER AND ORS.versusM. RAMALINGA REDDY
2007 INSC 39810 April 2007Appeal(s) allowed
V. B.PRASADversusMANAGER, P.M.D.U.P. SCHOOL AND ORS
2007 INSC 39910 April 2007Dismissed
The case concerned a primary school, a minority institution, where the post of Headmaster became vacant in 1994. Two teachers, Respondent No.2 and Respondent No.6, were the only contenders; Respondent No.2 was appointed, a decision later set aside by the Kerala High Court in favour of Respondent No.6. V.B. Prasad, a dr…
KRISHI UTPADAN MANDI SAMITY, MANGALOREversusPAHAL SINGH
2007 INSC 40010 April 2007Appeal(s) allowed
The respondent, a temporary employee, was terminated in 1974 and raised an industrial dispute only in 1992, 18 years later. The Labour Court awarded reinstatement with full back wages, finding the termination illegal, but the High Court modified the award to 50% back wages without providing reasons. The Supreme Court h…
HARYANA URBAN DEVELOPMENT AUTHORITYversusOM PAL
2007 INSC 40110 April 2007Case Partly allowed
Om Pal was engaged as a daily‑wage worker by the Haryana Urban Development Authority, first in Sub‑division No.2 for 145 days (Oct 1994‑Feb 1995) and then in Sub‑division No.3 for 90 days (Mar‑Jul 1995). After his services were terminated he raised an industrial dispute. The Industrial Tribunal‑cum‑Labour Court treated…
DILIP S. DAHANUKARversusKOTAK MAHINDRA CO. LTD. AND ANR.
2007 INSC 40410 April 2007Case Partly allowed
The appellants, Dilip S. Dahanukar and Goodvalue Marketing Co. Ltd., were convicted under Section 138 read with Section 141 of the Negotiable Instruments Act and were ordered to pay a fine of Rs.25,000 and a compensation of Rs.15,00,000 under Section 357(3) of the CrPC. The trial court also directed the appellants to d…
H. SESHADRIversusK.R. NATARAJAN AND ANR.
2003 INSC 22710 April 2003Appeal(s) allowed
The appellant, H. Seshadri, was a shop tenant in a residential building whose residential tenant (respondent No.2) was evicted by a decree. During the execution of that decree, Seshadri was also evicted. He filed an application under Order XXI Rules 99 and 100 of the CPC claiming an independent right to the shop. The S…
P.R. MURLIDHARAN AND ORS.versusSWAMI DHARAMANDA THEERTHA PADAR & ORS.
2006 INSC 15110 March 2006Appeal(s) allowed
The appellant sought to set aside a Kerala High Court order that granted police protection to the first respondent, who claimed to be the head of a religious trust. The High Court had determined the respondent's entitlement to the office, a question that was already pending before a civil court. The Supreme Court held …
MAHABIR VEGETABLE OILS PVT. LTD. AND ANR.versusSTATE OF HARYANA AND ORS.
2006 INSC 15210 March 2006
The Supreme Court examined whether the doctrine of promissory estoppel can operate against a State's legislative action granting sales‑tax exemption under Haryana's industrial policy. Mahabir Vegetable Oils and other appellants had invested heavily in solvent‑extraction plants based on Rule 28A, which initially exclude…
MOHAMED MASTHANversusSOCIETY, CONGREGATION, BROS. S. HEART AND ANR.
2006 INSC 15010 March 2006Disposed off
The Society obtained a 1987 compromise decree granting it possession of a parcel of land. The second respondent later challenged that decree and sold the land to the appellant, who obtained a decree for specific performance in 2003 and was handed possession by a senior bailiff under Order 21 Rule 35 CPC. The Society co…
RAJINDER ARORAversusUNION OF INDIA AND ORS.
2006 INSC 15410 March 2006Appeal(s) allowed
Rajinder Arora, an export‑house industrialist, was raided by the Directorate of Revenue Intelligence on 26 May 2004 and detained, during which he alleged torture and coerced statements under Section 108 of the Customs Act. No prosecution was filed within the statutory 60‑day period, no show‑cause notice was issued, and…
NATIONAL INSURANCE COMPANY LTD.versusMASTAN AND ANR.
2005 INSC 6119 December 2005Appeal(s) allowed
Mastan, a cleaner employed by the owner of a lorry insured by National Insurance Company Ltd., was injured (45‑50% disability) in a road accident while driving the employer's vehicle. He filed a claim under the Workmen's Compensation Act, 1923 and obtained an award of compensation payable by the insurer. The insurer ap…
RANJIT SINGH AND CO.versusSTATE OF PUNJAB
2006 INSC 8169 November 2006Disposed off
The case concerned the murder of Harbhajan Kaur, who died from burn injuries allegedly inflicted by members of her in‑law family. The prosecution’s case rested on two dying declarations made by the deceased, which contained inconsistencies regarding the roles of various accused. The Supreme Court examined the reliabili…
BISHAN SINGH AND ANR.versusTI-IE STATE
2007 INSC 10189 October 2007Case Partly allowed
The appellants, including Bishan Singh and Govind Ballabh, attacked complainant Harish Bhatt on 30 September 1984, assaulting him with lathis, causing seven injuries (one grievous fracture of the wrist) and extorting Rs 400. The trial court convicted them under Sections 147 and 308/149 of the Indian Penal Code (IPC) an…
MOHTESHAM MOHD. ISMAILversusSPL. DIRECTOR, ENFORCEMENT DIRECTORATE AND ANR.
2007 INSC 10199 October 2007Appeal(s) allowed
The appellant, Mohtesham Mohd. Ismail, was served with a show‑cause notice under the Foreign Exchange Regulation Act, 1973 (FERA) for allegedly remitting funds from the UAE through unauthorized persons and was penalised by the Special Director of Enforcement under section 9(3). He appealed to the Foreign Exchange Regul…
MANILAL HIRAMAN CHAUDHARIversusSTATE OF MAHARASHTRA
2007 INSC 10209 October 2007Dismissed
The appellant, Manilal Hiraman Chaudhari, was convicted along with co‑accused for the murder of Bhaulal Jadhav, who had earlier been involved in the killing of the appellant's father. The prosecution relied on eye‑witness testimony of PW‑4, PW‑5 and PW‑6, as well as the testimony of PW‑2 establishing a motive of reveng…
SUNIL GUPTAversusKIRAN GIRHOTRA AND ORS.
2007 INSC 10219 October 2007Dismissed
The Supreme Court considered an appeal by Sunil Gupta, successor of a purchaser of property belonging to the deceased Har Bhagwan, who sought to be impleaded in probate proceedings concerning a will dated 09‑09‑1997. The petitioners (the daughters of the deceased) had applied for probate, while the sons objected and on…
T. VIJENDRADAS AND ANR.versusM. SUBRAMANIAN AND ORS.
2007 INSC 10239 October 2007Disposed off
The vendor (RV) sold a municipal property to Sakunthala without notifying the Coimbatore Municipality, which continued to claim property tax arrears. The Municipality sued RV, obtained a decree, and the property was later auctioned; RV's wife bought it and subsequently sold it to a third party, who sold it to the appel…
NOOR AGAversusSTATE OF PUNJAB & ANR.
2008 INSC 7859 July 2008Case Allowed
The appellant, an Afghan national, was seized at Raja Sansi Airport with 22 packets of heroin and later arrested after a 15‑hour delay. He initially confessed to customs officials but later retracted, and was convicted under Sections 22 and 23 of the NDPS Act, a judgment affirmed by the High Court. On appeal, the Supre…
RAMCHANDRA SAKHARAM MAHAJANversusDAMODAR TRIMBAK TANKSALE (D) AND ORS.
2007 INSC 7329 July 2007Disposed off
Ramchandra Sakharm Mahajan filed a suit for declaration of joint title with defendants 10‑13 and for recovery of possession of a portion of land against defendants 1‑9, relying on a lease deed dated 21‑July‑1875. The trial court dismissed the suit, refusing to allow a belated amendment of the plaint to give better part…
P.S. GOPINATHANversusSTATE OF KERALA & ORS.
2008 INSC 6279 May 2008Appeal(s) allowed
P.S. Gopinathan, a Sub‑Judge promoted to District & Sessions Judge on 14 January 1992, was initially treated as a temporary appointee and later re‑appointed on 15 July 1992 after a fresh panel was prepared following the integration of the Civil and Criminal Judicial Services. He accepted both postings without objection…
VIKRAM AND ORS.versusSTATE OF MAHARASHTRA
2007 INSC 5369 May 2007Dismissed
On 22 January 1997, eight accused persons assaulted Dnyandeo (who later died) and Bapu (who was injured) in the village of Pangulgavhan, using hard blunt objects and dragging them to a river. The FIR was lodged the next morning due to a delay caused by priority given to medical treatment. The accused were convicted und…
SANTOSH @ SANTUKRAOversusSTATE OF MAHARASHTRA
2007 INSC 5379 May 2007Dismissed
Santosh was convicted for murdering Janardhan Dalvi and attempting to murder PW1 (Sandhu) by stabbing with a sharp-edged weapon. The trial court sentenced him to life imprisonment under IPC sections 302 and 307, a decision affirmed by the High Court. On appeal, the accused challenged the credibility of the eyewitness P…
U.P.S.R.T.CversusRAM KISHAN ARORA
2007 INSC 5389 May 2007Appeal(s) allowed
The respondent, a conductor with the Uttar Pradesh State Road Transport Corporation, obstructed a police inspection of his bus and misbehaved with officials, constituting a criminal breach of trust. A departmental inquiry proved the misconduct and the corporation dismissed him; the departmental appeal was rejected. The…
LAXMIKANT CHHOTELAL GUPTA AND ORS.versusSTATE OF MAHARASHTRA AND ORS.
2007 INSC 5399 May 2007Appeal(s) allowed
The partners of Somras Distillers (respondents 5‑7) were in arrears of sales‑tax and their properties were attached. A writ petition sought that the tax dues be recovered from the other partners (appellants) and not from them. The High Court ordered the properties to be auctioned; the auction was held but the High Cour…
M/S MASTER CABLES PVT. LTD.versusSTATE OF KERALA
2007 INSC 5409 May 2007Dismissed
Master Cables Pvt. Ltd., a manufacturer registered under the Kerala General Sales Tax Act, 1963, sought relief under the Kar Vivad Samadhan Scheme, 1998, after a tax inspection uncovered unaccounted sales. The company claimed that Section 90(3) of the Scheme barred the State from reopening its sales‑tax assessment, inv…
TARA CHANDversusSAGARBAI @ CHAIYALIBAI
2007 INSC 5419 May 2007Dismissed
The appellant, a tenant, executed a registered usufructuary mortgage deed with the respondent, the landlord, allowing the appellant to occupy the ground floor in lieu of interest for ten years. After the ten‑year period the respondent filed a suit for redemption and possession, which the trial court dismissed on the gr…
MAHADEO BHAU KHILARE (MANE) AND ORS.versusSTATE OF MAHARASHTRA AND ORS.
2007 INSC 5429 May 2007Dismissed
The petitioners, Mahadeo Bhu Khilare and others, were engaged as unpaid assistants by a Talathi (revenue officer) in Maharashtra without any statutory authority or sanctioned post. After the State directed a ban on such engagements, they sought regularisation under a scheme framed by the Maharashtra Administrative Trib…
SOHAN SINGH SODHIversusPUNJAB STATE ELECTRICITY BOARD, PATIALA
2007 INSC 5439 May 2007Dismissed
Sohan Singh Sodhi, a lineman appointed in 1964 and later promoted to Junior Engineer without holding an engineering diploma, challenged the Punjab State Electricity Board's policy of granting higher pay scales and promotions to diploma‑holding linemen. He argued that the Board's refusal to extend the same scale of pay …
SHREE SURAT VALSAD JILLA K.M.G. PARISHADversusUNION OF INDIA AND ORS.
2007 INSC 5449 May 2007Dismissed
The Supreme Court examined the validity of the Constitution (Scheduled Caste) Order 2nd Amendment, 2002 which excluded the Mochi sub‑caste outside the Dang District and Umargaon Taluka of Valsad District, Gujarat, from Schedule I. The Court held that the President’s power under Article 341 to specify Scheduled Castes i…
ADIVEKKA AND ORS.versusHANAMAVVA KOM VENKATESH D BY LRS. AND ANR.
2007 INSC 5459 May 2007Appeal(s) allowed
Hanumanthappa, suffering from cancer, executed a Will two weeks before his death bequeathing his sole agricultural land to his niece (Respondent No.1). The wife and children (appellants) were unaware of the Will, claimed it was fabricated, and sought a declaration that the land was joint family property. The trial cour…
STATE OF JHARKHAND AND ORS.versusVOLTAS LTD., EAST SINGHBHUM
2007 INSC 5469 May 2007Dismissed
The State of Jharkhand challenged the sales‑tax assessment of Voltas Ltd., which was engaged in works contracts for air‑conditioning plants. The issue was whether, under the Bihar Sales Tax Act, only the value of goods sold in a works contract is taxable or whether other charges such as labour, design, and consumables …
THIMMAPPA RAIversusRAMANNA RAI AND ORS.
2007 INSC 5479 May 2007Case Partly allowed
The appellant, Thimmappa Raj, son of the late Narayana Rai, sought to enforce a lease granted to him under the Madras Cultivating Tenants Protection Act, 1955 and claimed exclusive ownership of the Schedule B lease‑hold property, while the respondents (Ramanna Raj and others) filed a suit for partition of properties li…
STATE OF U.P. AND ANR.versusDINKAR SINHA
2007 INSC 5499 May 2007Case Allowed
The respondent, Dinkar Sinha, was commissioned as an Indian Army officer in March 1979, discharged in 1988, and later joined the Uttar Pradesh Police Service under vacancies reserved for ex‑army personnel. He sought additional seniority under the Uttar Pradesh Non‑Technical (Class‑II/Group B) Services Appointment of De…
M/S. CENTROTRADE MINERALS & METAL INC.versusHINDUSTAN COPPER LTD.
2006 INSC 3109 May 2006Matter referred to larger bench
Centrotrade Minerals & Metal Inc. and Hindustan Copper Ltd. entered into a contract containing a clause that provided for arbitration in India and, if either party was dissatisfied, a second arbitration in London whose award would be binding. The Indian arbitrator issued a NIL award, after which Centrotrade invoked the…
KAPILA HINGORANIversusSTATE OF BIHAR
2003 INSC 2939 May 2003Directions issued
The Supreme Court entertained a public‑interest writ petition alleging that numerous Bihar‑owned public sector undertakings had failed to pay salaries for years, leading to starvation deaths and suicides of employees and their families. The petition sought directions for payment of arrears and held the State of Bihar l…
AKHTAR & ORS.versusSTATE OF UTTARANCHAL
2009 INSC 4719 April 2009Dismissed
The appellants Akhtar and others were charged under Sections 148, 149, 302, 307 and 324 of the IPC for a daylight assault on a disputed piece of land that resulted in two deaths and two injuries. The trial court acquitted them, but the High Court convicted the surviving five accused on the basis of testimony of two inj…
PATRI VYAPAR MANDAL DELHI (REGD)versusM.C.D. TOWN HALL & ORS.
2009 INSC 4739 April 2009Disposed off
The Supreme Court dealt with numerous applications concerning the implementation of the National Policy on Urban Street Vendors (NPSV) 2004 and the Delhi Laws Special Provisions Act, 2007 in Delhi. Petitioners sought directions to reduce the pedestrian footpath width from 5 ft to accommodate more hawkers, to allow tran…
SUCHAND BOURIversusSTATE OF WEST BENGAL
2009 INSC 4749 April 2009Dismissed
The appellant, Suchand Bouri, was convicted of murder for delivering a knife blow to the chest of Sarbeswar, a village watchman, during a dispute over land boundaries. The prosecution proved that the blow was inflicted with considerable force using a deadly weapon, targeting a vital organ, and caused a wound sufficient…
STATE OF ORISSAversusPRASANNA KUMAR MOHANTY
2009 INSC 4819 April 2009Disposed off
The State of Orissa prosecuted Prasanna Kumar Mohanty and examined the investigating officer, Bipin Behari Mahapatra, in chief on 1 September 1999. Although the defence was given two occasions to cross‑examine the witness, he was later recalled and failed to appear from 2003 to 2006, citing illness and old age. The Hig…
MOHD. SHAFIversusMOHD. RAFIQ & ANR.
2007 INSC 3909 April 2007Appeal(s) allowed
An FIR was lodged against the appellant for offences under Sections 307, 324 and later 302 IPC. The police filed a charge‑sheet only against another accused, while a witness (respondent No.1) testified that the appellant was present and participated in the incident. The appellant sought to be summoned under Section 319…
BANDUversusSTATE OF MAHARASHTRA
2007 INSC 2719 March 2007Dismissed
The appellant Bandu was married to Shanta, who gave birth to a daughter Nita. After marital discord, Bandu alleged Nita was not his child and prevented Shanta from feeding her. On 1 January 1991, Bandu strangled Nita, as testified by Shanta, who was an eye‑witness, and the post‑mortem report showed neck injuries consis…
U.P. STATE ROAD TRANSPORT CORPORATIONversusU.P. RAJYA SADAK PARIYAHAN KARAMCHARI UNION
2007 INSC 2729 March 2007Appeal(s) allowed
The Uttar Pradesh Rajya Sadak Pariyahan Karamchari Union filed an application before the Labour Court under Section 11‑C of the U.P. Industrial Disputes Act, read with Section 13‑A of the Industrial Employment (Standing Orders) Act, seeking a declaration that fifteen contract drivers and conductors be regularised as su…
THE DIRECTOR GENERAL, I.C.M.R.versusDR. D.K. JAIN AND ANR.
2007 INSC 2779 March 2007Dismissed
Dr. D.K. Jain (Respondent No.1) was appointed as a Statistical Officer on 14 May 1971 and his services were terminated on 10 April 1974. He challenged the termination and, during the pendency of the writ petition, joined another organization on 25 January 1975. The ICMR (appellant) later offered him reinstatement with …
CHAMAN LAL SINGHALversusHARYANA URBAN DEVELOPMENT AUTHORITY & ORS.
2009 INSC 1209 February 2009Disposed off
The appellant applied for a residential plot from HUDA, received an allotment letter requiring payment of 15% of the price within 30 days and the balance within 60 days or in installments. He failed to make the required payment or communicate acceptance, leading HUDA's Estate Officer to cancel the allotment and forfeit…
RITU MAHAJANversusINDIAN OIL CORPORATION & ORS.
2009 INSC 1329 February 2009Disposed off
Indian Oil Corporation advertised a retail outlet (petrol pump) at Dhariwal reserved for women, stating that, other things being equal, preference would be given to unmarried women above 40 years and widows. Ritu Mahajan, a 28‑year‑old married engineer, applied along with Smt. Rani Gauba, a 47‑year‑old widow with matri…
STATE OF U.P. AND ORS.versusM/S. S.K. THEATRE PRODUCTIONS AND ORS.
2007 INSC 1209 February 2007Appeal(s) allowed
The State of Uttar Pradesh, under its 2001 Film Policy, offers a subsidy to films made in regional languages. SK Theatre Productions produced a Hindi film and applied for a subsidy under clause 23.3, which the Department interpreted as 25% of the processing charges only, limiting the amount to Rs. 10 lakh. The petition…
M/S NAHAR ENTERPRISESversusM/S HYDERABAD ALLWYN LTD. AND ANR.
2007 INSC 1249 February 2007Appeal(s) allowed
The respondent sued the appellant for recovery of money and issued a summons for appearance on 10‑Oct‑1988, which was served on 14‑Oct‑1988 without attaching a copy of the plaint. The trial court, without issuing a fresh summons, proceeded to an ex‑parte hearing and decreed on 13‑Dec‑1988. The appellant learned of the …
ALKAPURI CO-OPERATIVE HOUSING SOCIETY LTD.versusJAYANTIBHAI NAGINBHAI (DECEASED) THR.LRS.
2009 INSC 139 January 2009Appeal(s) allowed
The appellant, Alkapuri Co‑operative Housing Society Ltd., filed a 1985 suit against Surat Municipal Corporation challenging a town‑planning scheme. The deceased respondent, an allottee of plot No.29‑B, filed a separate suit for a permanent injunction which was rejected, and later, in 2003, sought to amend his plaint t…
M/S. SURYALAKSHMI COTTON MILLS LTD.versusM/S. RAJVIR INDUSTRIES LTD. & ORS.
2008 INSC 319 January 2008Case Partly allowed
The appellant, Suryalakshmi Cotton Mills Ltd., and the respondent, Rajvir Industries Ltd., were parties to a demerger scheme after which blank cheques signed by the appellant’s Managing Director were handed to the respondents for business use. A dispute arose in 2005, leading the appellant to allege misuse of the chequ…
SURINDER SHUKLAversusUNION OF INDIA
2008 INSC 329 January 2008Dismissed
Lt. Colonel Surinder Shukla, an Army Education Corps officer, was repeatedly considered for promotion to Colonel but was never selected. He filed statutory complaints and a writ petition alleging that his service record was superior to those of two colleagues who were promoted. The Delhi High Court dismissed his petiti…
M/S. IMAGIC CREATIVE PVT. LTD.versusTHE COMMISSIONER OF COMMERCIAL TAXES & ORS.
2008 INSC 339 January 2008Case Allowed
M/s Imagic Creative Pvt Ltd, an advertising agency, filed returns for service tax under the Finance Act, 1994 and for VAT under the Karnataka Value Added Tax Act, 2003. The VAT authority classified the entire transaction, including the concept‑creation service for which service tax had already been paid, as a single in…
SITA DEVIversusBIHAR STATE HOUSING BOARD AND ORS.
2006 INSC 9848 December 2006Appeal(s) allowed
Sita Devi applied for a flat under the Bihar State Housing Board's self‑financing scheme and paid a total of Rs.1,71,876 in 1994. The flat was not constructed within the stipulated or a reasonable period, and she sought a refund in October 1996; the Board cancelled her allotment in January 1997 and later issued a chequ…
SIVAKUMARversusSTATE BY INSPECTOR OF POLICE
2005 INSC 6008 December 2005Dismissed
The appellant Sivakumar was convicted under Section 304 Part II of the Indian Penal Code for the death of his relative, based on circumstantial evidence, the recovery of an air‑gun, and an extra‑judicial confession he made to a Village Administrative Officer (VAO) and later to a police inspector. The appellant challeng…
SUBHASH SHAMRAO PACHUNDEversusSTATE OF MAHARASHTRA
2005 INSC 6018 December 2005Dismissed
The appellant and his co‑accused, members of a joint family, attacked the deceased and a complainant while they were standing on their own plot watching the planting of an almond tree. The victims retreated, fell into a gutter and were assaulted with a knife, pick‑axe and other weapons; the deceased sustained multiple …
U.P. STATE BRASSWARE CORPN. LTD. AND ANR.versusUDAI NARAIN PANDEY
2005 INSC 6028 December 2005Case Partly allowed
The workman Udai Narain Pandey was engaged on a daily‑wage basis for a fixed tenure by U.P. State Brassware Corporation Ltd. His services were terminated on the expiry of that tenure, but he had rendered more than 240 days of service in the preceding year, making him a "workman" under Section 6‑N of the U.P. Industrial…
HARJIT SINGHversusSTATE OF PUNJAB
2005 INSC 6038 December 2005Appeal(s) allowed
Harjit Singh was convicted by the trial court under Section 304‑B IPC for the alleged dowry death of his wife, Jasbir Kaur, and sentenced to seven years' rigorous imprisonment. On appeal, the Supreme Court examined whether the prosecution had proved the essential ingredients of a dowry death – that the deceased was sub…
PRASAD TECHNOLOGY PARK PVT. LTD.versusSUB-REGISTRAR AND ORS.
2005 INSC 6048 December 2005Appeal(s) allowed
MEERA KANWARIAversusSUNITA AND ORS.
2005 INSC 6058 December 2005Appeal(s) allowed
The first respondent, a Rajput woman, married a Scheduled Caste man and fraudulently obtained a Scheduled Caste certificate by birth, which was later cancelled. She contested a Delhi municipal corporation election for a seat reserved for Scheduled Caste women and was declared elected. The appellant, another candidate, …
HINDUSTAN COPPER LTD. AND ANR.versusBANSHI LAL AND ORS.
2005 INSC 6068 December 2005Disposed off
Hindustan Copper Ltd., a government undertaking, closed its Dariba mine and offered employees the choice of transfer or a Voluntary Retirement Scheme (VRS). While 112 employees opted for VRS, ten later withdrew their offers. The company refused the withdrawals, relying on a clause in the option form stating that the op…
M/S. TASHI DELEK GAMING SOLUTIONS LTD. AND ANR.versusSTATE OF KARNATAKA AND ORS.
2005 INSC 6078 December 2005Appeal(s) allowed
The appellants, lottery agents of the State of Sikkim, had invested heavily in an online lottery network in Karnataka. Karnataka issued a notification under Section 5 of the Lotteries (Regulation) Act, 1998 prohibiting online lotteries, which threatened the appellants' business and exposed them to penal liability under…
INCOME TAX OFFICER, BANGALOREversusM/S. INDUFLEX PRODUCTS (P) LTD.
2005 INSC 6098 December 2005Appeal(s) allowed
Induflex Products (P) Ltd, an export house, claimed a deduction under Section 80HHC of the Income Tax Act, 1961 despite declaring a loss on its export of trading goods. The Assessing Officer allowed the deduction, but the Commissioner ordered its withdrawal. The Income Tax Appellate Tribunal reinstated the benefit, and…
MAYAKAUR BALDEVSINGH SARDAR AND ANR.versusTHE STATE OF MAHARASHTRA
2007 INSC 10148 October 2007Appeal(s) allowed
The case involved the murder of four members of a matrimonial family and the attempted murder of the sole eye‑witness, Rajvinder Kaur, who had secretly married a man of a lower caste. The prosecution relied on her testimony, which was given only after eight days due to trauma, and on the recovery of weapons and identit…
SWAPAN DHAR AND ORS.versusSTATE OF WEST BENGAL AND ORS.
2007 INSC 10158 October 2007Dismissed
The appellants, temporary pump operators transferred to the Calcutta Municipal Corporation, claimed they should be appointed as Fitter Drivers rather than the lower post of Turn Cock. A Single Judge of the Calcutta High Court, in a writ order dated 8 January 1992, directed that they be treated as Fitter Drivers and tha…
M/S. SNEH ENTERPRISESversusCOMMNR. OF CUSTOMS, NEW DELHI
2006 INSC 5878 September 2006Appeal(s) allowed
Sneh Enterprises imported lead‑acid batteries from Taiwan, which landed in Mumbai on 16‑April‑2002 and were trans‑shipped to Delhi where the Bill of Entry was filed on 22‑May‑2002. On the same day the Central Government issued a notification under Section 9A of the Customs Tariff Act, 1975 imposing an anti‑dumping duty…
COMMNR. OF CENTRAL EXCISE, CALCUTTAversusM/S. PANIHATL RUBBER LTD
2006 INSC 5898 September 2006
M/s. Panihati Rubber Ltd., a manufacturer of hose pipes supplied to Indian Railways, paid central excise duty under protest after the goods were classified under sub‑heading 4009.92 despite its claim that they should fall under 4009.99 with nil duty. The company sought a refund of the duty paid, but the excise authori…
STATE OF MADHYA PRADESH AND ORS.versusYOGESH CHANDRA DUBEY AND ORS.
2006 INSC 5908 September 2006Appeal(s) allowed
The respondents were engaged on daily wages by the State of Madhya Pradesh without any advertisement, vacancy notification, or sanction of a post, violating the statutory recruitment rules. They sought regularisation and payment of the minimum pay scale of the post they were working in, which the State Tribunal directe…
RASHTRIYA ISPAT NIGAM LIMITED AND ANR.versusM/S VERMA TRANSPORT COMPANY
2006 INSC 4958 August 2006Appeal(s) allowed
Rastriya Spat Nigam Ltd. entered into a consignment agency contract with Verma Transport Company that contained an arbitration clause. The appellant terminated the contract and issued a show‑cause notice to blacklist the respondent. The respondent filed a suit for a permanent injunction against termination and blacklis…
STATE OF PUNJAB AND ORS.versusM/S. AMRITSAR BEVERAGES LTD. AND ORS.
2006 INSC 4968 August 2006Appeal(s) allowed
The Punjab Sales Tax Department seized a hard disk containing the dealer's books and documents under Section 14(3) of the Punjab General Sales Tax Act, 1948. The dealer failed to cooperate, and the High Court ordered the return of the seized material and imposed personal costs on the officers. On appeal, the Supreme Co…
MRS. SUSETHAversusSTATE OF TAMIL NADU AND ORS.
2006 INSC 4978 August 2006Dismissed
The Okkiam Thoraipakkam Gram Panchayat resolved to build a shopping complex on a disused temple tank to resettle families displaced by a highway expansion, and the Tamil Nadu Government issued a GO permitting the construction. Ms. Susetha filed a writ petition alleging that the tank, as a water body, must be preserved …
ANAND REGIONAL CO-OP. OIL SEEDSGROWERS UNION LTDversusSHAILESHKUMAR HARSHADBHAI SHAH
2006 INSC 4988 August 2006Case Partly allowed
The appellant, Anand Regional Co‑op Oil Seeds Growers Union Ltd., dismissed Shailesh Kumar Harshadbhai Shah, an Assistant Executive in its Quality Control Department, for alleged misconduct. Shah challenged the dismissal, contending that he was not a "workman" under Section 2(s) of the Industrial Disputes Act, 1947, an…
MUNICIPAL COUNCIL, SAMRALAversusSUKHWINDER KAUR
2006 INSC 4998 August 2006Disposed off
The Municipal Council of Samrala appointed Sukhwinder Kaur as a clerk on a contractual, temporary basis, expressly stating that the Executive Officer could dismiss her without notice. She was appointed and terminated three times within eighteen months. The Labour Court held that her dismissal violated Section 25F of th…
STATE OF ORISSA AND ANR.versusASWINI KUMAR BALIARSINGH
2006 INSC 5008 August 2006Appeal(s) allowed
The respondent, Aswini Kumar Baliarsingh, was appointed as an Assistant Teacher but the Inspector of Schools initially refused to approve the appointment. A writ petition before the High Court on 3 September 1997 directed the Inspector to approve the appointment, which was carried out on 19 February 1999. The responden…
ASHOK KUMAR SAHUversusUNION OF INDIA AND ORS.
2006 INSC 5018 August 2006Appeal(s) allowed
Ashok Kumar Sahu, an IPS officer on suspension after completing 20 years of service, applied for voluntary retirement under Rule 16(2A) of the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. The Central Government referred the matter to the Joint Cadre Authority, which approved the retirement, and a not…
NATIONAL TEXTILE CORPORATION (GUJARAT)versusSTATE BANK OF INDIA AND ORS.
2006 INSC 5028 August 2006Appeal(s) allowed
The Supreme Court examined claims by State Bank of India and other banks for compensation under the Sick Textile Undertakings (Nationalisation) Act, 1974 after the management of a sick textile mill was taken over by an authorised controller under the Industries (Development and Regulation) Act, 1951. The banks sought p…
PRINCIPAL, MEHAR CHAND POLYTECHNIC AND ANR.versusANU LUMBA AND ORS.
2006 INSC 5048 August 2006Case Partly allowed
The respondents were appointed as Assistant Computer Instructors on a purely temporary basis under a Community Polytechnics project funded by the Ministry of Human Resource Development. No vacancy had been advertised, nor was the post notified to the Employment Exchange, and the appointments were not made in accordance…
KAPILA HINGORANI & ANR.versusSTATE OF BIHAR & ANR.
2008 INSC 7788 July 2008Disposed off
The case arose from the division of the original State of Bihar into Bihar and Jharkhand under the Bihar Reorganisation Act, 2000, which created the Jharkhand Hill Area Lift Irrigation Corporation (JHALCO) to take over the Bihar Hill Area Lift Irrigation Corporation (BHALCO). Employees of BHALCO alleged non‑payment of …
ASLAM MOHD. MERCHANTversusCOMPETENT AUTHORITY & ORS.
2008 INSC 7828 July 2008Appeal(s) allowed
The Supreme Court examined the forfeiture proceedings initiated against the relatives of Iqbal Mohammed Memon (alias Iqbal Mirchi) under Chapter VA of the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellants challenged the validity of the show‑cause notices, contending that the Competent Authority had n…
KRISHNANversusSTATE REPRESENTED BY INSPECTOR OF POLICE
2008 INSC 6088 May 2008Case Allowed
Krishnan (A-1) and Tamilarasi (A-2) were convicted under Section 302 read with Section 34 of the IPC for the murder of Rasitha Begum, the wife of PW‑1, based solely on circumstantial evidence. The trial court and the Madurai High Court upheld the conviction despite the absence of any direct evidence linking A‑1 to the …
ANEETA HADAversusM/S. GODFATHER TRAVELS & TOURS PVT. LTD.
2008 INSC 6108 May 2008Matter referred to larger bench
The appellant, an authorized signatory of M/s. Intel Travels, issued a cheque on behalf of the company which was later dishonoured. The respondent filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, but the company was not named as an accused. The High Court dismissed the appellant's petition t…
NARESH KAVARCHAND KHATRIversusSTATE OF GUJARAT & ANR.
2008 INSC 6118 May 2008Appeal(s) allowed
The appellant filed an FIR at Vadodara Police Station on 23 December 2006 alleging cheating and related offences by the respondents for canceling a child's admission after receiving a large sum of money. The Vadodara police began investigation, but the appellant applied to the Gujarat High Court on 26 December for tran…
STATE OF PUNJAB & ORS.versusBHAJAN KAUR & ORS.
2008 INSC 6128 May 2008Dismissed
The appeal concerned an accident that occurred in 1983 for which a claim under Section 92‑A of the Motor Vehicles Act, 1939 was awarded. The State of Punjab sought to increase the compensation by invoking Section 140 of the Motor Vehicles Act, 1988, which raised the no‑fault liability amount. The Supreme Court examined…
ANDHRA BANKversusANDHRA BANK OFFICERS & ANR.
2008 INSC 6138 May 2008Case Allowed
Andhra Bank, a "new bank" under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, had a scheme (Regulation 26) that treated travel between an officer's residence and office as official, allowing reimbursement. In 1990 the Central Government issued a circular stating such travel should not be c…
M/S. DEEPAK AGRO SOLUTION LTD.versusCOMMISSIONER OF CUSTOMS, MAHARASHTRA
2008 INSC 6148 May 2008Appeal(s) allowed
M/s Deepak Agro Solution Ltd. imported 200 MT of "Brimstone 90", a product containing about 90 % sulphur and 10 % bentonite, and classified it under Customs Tariff Heading 25.03 (unrefined sulphur). The Deputy Commissioner of Customs re‑classified the goods under Heading 38.08, which deals with insecticides, fungicides…
H.V. NIRMALAversusKARNATAKA STATE FINANCIAL CORPORATION & ORS.
2008 INSC 6158 May 2008Dismissed
The appellant, a Group A officer of Karnataka State Financial Corporation, was dismissed after a disciplinary enquiry conducted by a legal advisor appointed as Enquiry Officer. She challenged the validity of the appointment and the Managing Director’s transfer of the proceedings to the Board of Directors, arguing that …
RAJA LAL SINGHversusTHE STATE OF JHARKHAND
2007 INSC 5288 May 2007Disposed off
The Supreme Court examined two criminal appeals arising from the death of Gayatri Devi, who was found hanged in her marital home. The husband, Raja Lal Singh, was convicted under Sections 304‑B and 34 IPC for dowry harassment leading to her death, while the brother‑in‑law Pradip Singh and sister‑in‑law Sanjana Devi wer…
SUJOY SEN @ SUJOY KR. SENversusTHE STATE OF WEST BENGAL
2007 INSC 5298 May 2007Appeal(s) allowed
The appellant Sujoy Sen was convicted under Section 302 IPC for the murder of Anindita Sengupta, the daughter of the complainant. The FIR stated that the accused entered the complainant's house while the latter was absent, and the complainant later altered his testimony to claim the accused was leaving the house when h…
STATE OF TRIPURAversusRAM BIR SINGH AND ORS.
2007 INSC 5308 May 2007Appeal(s) allowed
The State of Tripura appealed a High Court order that had acquitted several CRPF personnel convicted for indiscriminate firing that killed a police officer. The Supreme Court observed that the High Court had passed the operative part of its judgment before recording reasons, resulting in an ante‑dated and procedurally …
BSNL & ORS.versusABHISHEK SHUKLA & ANR.
2009 INSC 4598 April 2009Dismissed
The case concerned two candidates placed on a wait‑list after a BSNL recruitment advertisement for General, OBC and SC posts. When two selected candidates failed to join, the wait‑list candidates applied for appointment, but the department rejected their claim citing the absence of a provision for a wait‑list in the re…
RUMI DHARversusSTATE OF WEST BENGAL & ANR.
2009 INSC 4608 April 2009Dismissed
Rumi Dhar and her husband, along with several bank officials, were charged under Sections 120‑B, 420, 467, 468 and 471 IPC for conspiring to defraud a bank. The bank recovered the loan amount through a settlement before the Debt Recovery Tribunal, and the accused paid Rs. 25.51 lakh. Rumi Dhar filed an application unde…
HIRA LAL & ORS.versusSTATE OF U.P. & ORS.
2009 INSC 4618 April 2009Appeal(s) allowed
The appellants and respondent No.3 were co‑sharers of land and disputed the validity of a registered will. A civil court had found the will genuine, but respondent No.3 filed a criminal complaint alleging forgery under IPC sections 420, 462, 467, 468 and 471, which the magistrate dismissed. He later filed a second comp…
SATYAPALversusSTATE OF HARYANA
2009 INSC 4628 April 2009Dismissed
The appellant Satyapal was convicted under Section 376 of the Indian Penal Code for raping an 11‑year‑old girl. The girl and her aunt testified that the appellant forcibly lifted the child, gagged her and attempted sexual intercourse, after which the appellant fled upon hearing the aunt's voice. The medical examination…
RAJENDRA & ANR.versusSTATE OF U.P.
2009 INSC 4588 April 2009Dismissed
The appellants Rajendra and another were convicted under Sections 302 and 34 IPC for the murder of a goldsmith who was allegedly thrown into a well. The prosecution relied on the FIR, the testimony of a minor eye‑witness (the victim’s son) and partial statements of witnesses who were later declared hostile. The defence…
THE REGIONAL MANAGER, CENTRAL BANK OF INDIAversusVIJAY KRISHNA NEEMA & ORS.
2009 INSC 4658 April 2009Dismissed
Vijay Krishna Neema, employed by the Central Bank of India since 1973, took leave in 1986 and failed to report back, despite several memos and a show‑cause notice. The bank invoked Clause 16 of the Shastri Award, a bipartite settlement, to deem him to have voluntarily retired and terminated his service. Neema changed h…
LAKSHMI & ANR.versusCHINNAMMAL @ RAYYAMMAL & ORS.
2009 INSC 4668 April 2009Appeal(s) allowed
The appellants, co‑sharers, filed a suit to cancel a partition deed and also lodged an FIR alleging the deed was forged. The deed and the appellant’s signatures were sent to the Forensic Science Laboratory, which produced reports on the signature and on the thumb impression. While the trial court allowed the applicatio…
KATARI SURYANARAYANA & ORS.versusKOPPISETTI SUBBA RAO & ORS.
2009 INSC 4678 April 2009Dismissed
The dispute concerned the right of two neighbouring parties to use a lane connecting their houses. Respondents filed a suit for injunction which was dismissed, and the order was appealed; the appellants then filed a second appeal before the High Court. During the pendency of that appeal, respondents No.2 and No.3 died,…
ANDHRA PRADESH SERVICE COMMISSIONversusBALOJI BADHAVATH & ORS.
2009 INSC 4688 April 2009Appeal(s) allowed
The Andhra Pradesh Public Service Commission (APPSC) appealed against a High Court order that declared the Government Orders (GOMs) of 31‑12‑1997 and the 27‑12‑2007 notification, which used a 1:50 shortlisting ratio irrespective of community, ultra vires Articles 14 and 16 of the Constitution. The Supreme Court examine…
RANI GUPTA & ORS.versusM/S. UNITED INDIA INSURANCE CO. LTD. & ORS.
2009 INSC 4698 April 2009Dismissed
The husband of the appellant died as a gratuitous passenger in a friend’s car that was covered by a Private Car Package Policy. The Motor Vehicles Accidents Claims Tribunal awarded compensation using a multiplier of 13, but the High Court reduced the multiplier to 10 and awarded Rs.12.5 lakh. The insurer appealed on th…
SANJAYversusSTATE OF MAHARASHTRA
2007 INSC 2528 March 2007Appeal(s) allowed
The appellant, a husband, was convicted under IPC Sections 498-A read with 34 and 306 read with 34 for allegedly abetting his wife's suicide by self‑immolation. The sole evidence against him comprised three dying declarations of the deceased: the first indicated an accidental fire that the husband tried to extinguish, …
P. SURESH KUMARversusR. SHANKER
2007 INSC 2538 March 2007Disposed off
The appellant and respondent were partners in a firm with a joint bank account. The respondent allegedly withdrew Rs.12 lakh and later gave the appellant a post‑dated cheque of Rs.7 lakh as security under a police‑station compromise; the cheque was dishonoured and a complaint under Section 138 of the Negotiable Instrum…
SWAMI PRASADversusSTATE OF MADHYA PRADESH
2007 INSC 2548 March 2007Dismissed
Swami Prasad was charged with murdering his step‑brother Rameshwar during a property dispute. He went to the police station with the axe used in the killing and blood‑stained clothes, confessing that the deceased had been killed with that axe. The sole eye‑witness, the victim's sister, heard the alarm and saw the body,…
OMKAR PRASAD VERMAversusSTATE OF MADHYA PRADESH
2007 INSC 2558 March 2007Appeal(s) allowed
The appellant, a government school teacher, was convicted under Section 376B of the Indian Penal Code for having sexual intercourse with a student, on the premise that the student was in his custody as a public servant. The trial court held the student to be a consenting adult and acquitted the teacher of rape, but aff…
VICE CHANCELLOR, M.D. UNIVERSITY, ROHTAKversusJAHAN SINGH
2007 INSC 2568 March 2007Appeal(s) allowed
Jahan Singh, a former Reader at Maharishi Dayanand University, Rohtak, was terminated during probation and later re‑appointed to take up a teaching post at the University of Zambia. He took two years of extraordinary leave without pay and, after returning, claimed annual increments for that period. The University’s Exe…
COMMNR. OF SALES TAX, ORISSA AND ORS.versusCROWN RE-ROLLER (P) LTD. AND ORS.
2007 INSC 2578 March 2007Case Partly allowed
Crown Re‑roller (P) Ltd., a re‑rolling mill in Orissa, purchased iron and steel scrap from registered dealers. The State of Orissa, under an industrial policy, exempted raw material purchases from sales tax, but a 1989 notification shifted the taxable event to the first point of sale. The company claimed a refund of sa…
COMMNR. OF SALES TAX, ORISSA AND ORS.versusCROWN RE-ROLLER (P) LTD. AND ORS.
2007 INSC 2588 March 2007Appeal(s) allowed
Crown Re-roller (P) Ltd., a re‑rolling mill, purchased iron and steel scrap from registered dealers after the State of Orissa issued a 1989 notification making such material taxable at the first point of sale. The company claimed a refund of sales tax under Section 14 of the Orissa Sales Tax Act, arguing that tax had b…
ANILBHAI M. PATEL AND ORS.versusSURYAPUR BANK AGENT D.B.H. SAMITI AND ORS.
2007 INSC 2598 March 2007Disposed off
The appellants, directors of City Co‑operative Bank Ltd., challenged a Gujarat High Court interim order that appointed an Administrator in place of the elected board, alleging that no prayer for such relief was made and that the court had usurped the statutory role of the Registrar under the Gujarat Co‑operative Societ…
NEW DELHI MUNICIPAL COUNCILversusPAN SINGH AND ORS.
2007 INSC 2608 March 2007Appeal(s) allowed
The New Delhi Municipal Council (NDMC) had 17 senior Shift‑In‑Charge employees who voluntarily became Meter Readers and were given a higher pay scale as an ad‑hoc, personal measure. An industrial dispute was later raised by other Meter Readers, and the Industrial Tribunal awarded pay parity to those Meter Readers who w…
ISHWAR CHANDRA AND ORS.versusTHE ORIENT AL INSURANCE CO. LTD. AND ORS.
2007 INSC 2618 March 2007Dismissed
A motor accident on 28‑April‑1995 caused the death of a woman and injury to her son. The driver of the insured tractor had a licence that expired on 27‑August‑1994 and no renewal application had been filed before the accident. The Motor Accidents Claims Tribunal awarded compensation, and the insurer (Oriental Insurance…
INDIA HOUSEHOLD AND HEALTHCARE LTD.versusLG HOUSEHOLD AND HEALTHCARE LTD.
2007 INSC 2698 March 2007Dismissed
The petitioners, India Household and Healthcare Ltd., entered into a Memorandum of Understanding and a licence agreement with the respondents, LG Household and Healthcare Ltd., which contained an arbitration clause. A dispute arose over the use of the LG logo and the respondents obtained an interim injunction restraini…
COMMISSIONER OF CUSTOMS (PREVENTIVE)versusVIJAY DASHARATH PATEL
2007 INSC 2628 March 2007Appeal(s) allowed
The respondents were detained for carrying 551 foreign‑origin gold biscuits, and the Commissioner of Customs held that they failed to discharge the burden of proof under Section 123 of the Customs Act, ordering confiscation and penalties. The Appellate Tribunal set aside the confiscation orders, finding that the respon…
ACCOUNTS OFFICER (A & I) APSRTC AND ORS.versusK. V. RAMANA AND ORS.
2007 INSC 178 January 2007Appeal(s) allowed
The respondents were engaged as contract sweepers and attenders by the Andhra Pradesh State Road Transport Corporation in 1992 and claimed regularisation after completing 240 days of continuous service, alleging that they were denied work from May 1998. The High Court directed their regularisation, but the Corporation …
BOGIDHOLA TEA AND TRADING CO. LTD. AND ANR.versusHIRA LAL SOMANI
2007 INSC 12497 December 2007Disposed off
The appellants, Bogidhola Tea and Trading Co. Ltd. and others, were contractually obliged to supply made tea for the 1984 and 1985 seasons but delivered only a fraction of the quantity. The respondent sued for the price of the remaining tea, and the defendants failed to appear despite service of summons. The trial cour…
DISTRICT BASIC EDUCATION OFFICERversusDHANANJAI KUMAR SHUKLA AND ANR.
2007 INSC 12507 December 2007Appeal(s) allowed
The respondent was appointed headmaster of a recognised school despite being the son of the school's manager, which is prohibited by Rule 6 of the Uttar Pradesh Recognised Basic Schools (Junior High Schools) Rules, 1978. The manager had taken temporary leave, but the Supreme Court held that this did not terminate his s…
STATE OF KARNATAKA AND ORS.versusAMEERBI AND ORS.
2006 INSC 9697 December 2006Appeal(s) allowed
The Supreme Court examined whether Anganwadi workers and helpers appointed under the Integrated Child Development Services (ICDS) scheme are holders of civil posts within the meaning of Articles 309, 310 and 311 of the Constitution. The workers, who are selected by a committee, receive only an honorarium and are not ap…
VADLA CHANDRAIAHversusSTATE OF A.P
2006 INSC 9707 December 2006Case Partly allowed
A police constable seized four guavas from a vendor without paying and a quarrel ensued. The appellant, a carpenter, intervened with his tool (a badze) and struck the constable, causing instantaneous death. The trial court convicted him under Section 302 IPC for murder, a decision affirmed by the High Court. The Suprem…
NAGAR NIGAM, MEERUTversusAL FAHEEM MEAT EXPORTS PVT. LTD. AND ORS.
2006 INSC 9717 December 2006Appeal(s) allowed
The Meerut Municipal Corporation (Nagar Nigam) issued a public advertisement inviting tenders for a contract to run its slaughter house after a one‑year licence to Al Faheem Meat Exports expired. The corporation’s advertisement was challenged by Al Faheem, and the Allahabad High Court directed that Al Faheem be allowed…
SAMI ULLAHAversusSUPERINTENDENT, NARCOTIC CENTRAL BUREAU
2008 INSC 12637 November 2008Appeal(s) allowed
The appellant, Sami Ullaha, was arrested after heroin was seized from two co-accused who alleged the drugs were meant for him. No drugs were found on his person, but he made a statement under Section 67 of the NDPS Act, later retracting it, claiming it was obtained under duress. The first chemical analysis by the Gover…
M.A. RUMUGAMversusKITTU @ KIRSHNAMOORTHY
2008 INSC 12647 November 2008Dismissed
The appellant, a landowner, alleged that nine coconut trees on his property were damaged on the advice of the respondent and filed a police complaint naming the respondent as a doubtful person. The police investigation was closed after six months under Section 167(5) of the CrPC. The respondent then lodged a private de…
CHANDRABHAI K. BHOIR & ORS.versusKRISHNA ARJUN BHOIR & ORS.
2008 INSC 12657 November 2008Appeal(s) allowed
The testator Kanha Barik Mhatre executed a Will in 1963; after his death, the legatees (respondents) obtained probate while the appellants filed a caveat and later withdrew it. The parties entered into a compromise agreement claiming to alter the Will’s terms and a separate family‑arrangement agreement for the sale of …
CHANDRASHEKAR A.K.versusSTATE OF KERALA & ANR.
2008 INSC 12677 November 2008Dismissed
P.H. DAYANANDversusS. VENUGOPAL NAIDU & ORS .
2008 INSC 12697 November 2008Dismissed
The plaintiff (respondent No.1) purchased the suit property from the rightful owner, T. Bayarappa, in 1991. Defendant No.2 (appellant) was in permissive possession of the land and claimed lawful title based on a purported chain of agreements involving a power of attorney and an assignment to the plaintiff, but no regis…
VIRENDER CHAUDHARYversusBHARAT PETROLEUM CORPORATION &ORS.
2008 INSC 12707 November 2008Appeal(s) allowed
The case concerned the grant of an LPG distributorship by Bharat Petroleum Corporation (BPC). An advertisement invited applications, disqualifying persons convicted of offences involving moral turpitude or those against whom charges had been framed. Respondent No.5 was selected but his empanelment was cancelled after a…
SHASHIKANTversusCENTRAL BUREAU OF INVESTIGATION AND ORS.
2006 INSC 7927 November 2006Dismissed
Shashikant, a railway employee, lodged an anonymous complaint with the Central Bureau of Investigation (CBI) alleging corruption by several officers. The CBI conducted a preliminary inquiry without registering a First Information Report (FIR) and recommended departmental action, which was carried out. Shashikant was la…
UNION OF INDIA AND ORS.versusM/S ASIAN FOOD INDUSTRIES
2006 INSC 7937 November 2006Disposed off
The Central Government issued a notification on 27 June 2006 banning the export of pulses and a subsequent notification on 4 July 2006 permitting export against irrevocable letters of credit opened before 22 June 2006. Exporters who had already obtained Let‑Export orders and complied with Section 51 of the Customs Act …
VASU DEV SINGH AND ORS.versusUNION OF INDIA AND ORS.
2006 INSC 7977 November 2006Appeal(s) allowed
The appellants, tenants in Chandigarh, challenged a 7 November 2002 notification issued by the Administrator under Section 3 of the East Punjab Urban Rent Restriction Act, 1949, which exempted buildings and rented land with monthly rent exceeding Rs.1500 from the Act's provisions. The High Court had upheld the notifica…
STATE OF KARNATAKA THROUGH CBIversusC. NAGARAJASWAMY
2005 INSC 4937 October 2005Disposed off
The State of Karnataka, represented by the CBI, charged C. Nagarajaswamy under the Prevention of Corruption Act for demanding illegal gratification and later for misappropriation of funds. In both cases the trial courts took cognizance and conducted full trials, but discharged the accused on the ground that the sanctio…
UNION OF INDIA THROUGH INSPECTOR, CBIversusPURNANDU BISWAS
2005 INSC 4947 October 2005Dismissed
Purnandu Biswas, a surveyor in the Mercantile Marine Department, was alleged to have demanded Rs 50,000 as illegal gratification from a sub‑agent (PW‑3) for issuing a clearance certificate for the vessel M.V. Lilly. After the vessel's defects were rectified, the CBI set up a trap on 17 July 1992, during which PW‑3 hand…
STATE THROUGH INSPECTOR OF POLICE, A.P.versusK. NARASIMHACHARY
2005 INSC 4957 October 2005Dismissed
The State appealed the acquittal of K. Narasimhachary, a former Mandal Revenue Inspector, who had been convicted under the Prevention of Corruption Act for taking a bribe of Rs.600. The High Court set aside the conviction on the ground that the order of sanction issued by the Governor was not proved in accordance with …
N.K. SHARMAversusABHIMANYU
2005 INSC 4967 October 2005Dismissed
N.K. Sharma, a Class‑I officer of the Haryana Government, was deputed as Managing Director of the Haryana State Cooperative Land Development Bank Ltd. A criminal complaint for defamation (IPC s.500) was filed against him after he sent a letter alleging false implication of a colleague. Sharma was summoned and applied t…
ASSAM SMALL SCALE IND. DEV. CORPN. LTD. AND ORS.versusM/S J.D. PHARMACEUTICALS AND ANR.
2005 INSC 4997 October 2005Case Partly allowed
The Assam Small Scale Industries Development Corporation (ASIDC) placed orders for medicines with J.D. Pharmaceuticals under the Assam Preferential Stores Purchase Act, 1989, but failed to pay the price despite receiving the goods. J.D. sued for the outstanding amount and interest under the Interest on Delayed Payment …
SAROOP SINGHversusBANTO AND ORS.
2005 INSC 5007 October 2005Dismissed
The appellant, Saroop Singh, claimed ownership of suit properties that had been gifted to him by the widow, Indira Devi, who possessed only a life interest under the Hindu Succession Act, 1956. The respondents, Banto and others, were reversioners who sued for possession, asserting that the widow's gift did not affect t…
P.C. VARGHESEversusDEVAKI AMMA BALAMBIKA DEVI AND ORS.
2005 INSC 5017 October 2005Appeal(s) allowed
The appellant, P.C. Vargese, sued the respondents for specific performance of a sale agreement covering 19 cents of land, seeking also a decree of partition. The agreement required the respondents to obtain court permission to sell the minor’s one‑fourth share, which was denied during the suit. The appellant amended hi…
M/S. COMPACK PVT. LTD.versusCOMMISSIONER OF CENTRAL EXCISE, VADODARA
2005 INSC 5027 October 2005Case Partly allowed
Mis. Compack Pvt. Ltd., a small‑scale manufacturer of cardboard containers, claimed exemption under Central Excise Notification No. 67/82‑CE, having paid duty on the base paper component but availing MODVAT credit on a plastic‑coated paper layer. The Revenue argued that the exemption was available only to manufacturers…
U.O.I. THROUGH GOVT. OF PONDICHERRY AND ANR.versusV. RAMAKRISHNAN AND ORS.
2005 INSC 5037 October 2005Dismissed
The first respondent was appointed Chief Engineer of Pondicherry's Public Works Department on short‑term deputation pending a regular appointment under the 1996 Recruitment Rules. He was repatriated after eight months and challenged the repatriation before the Central Administrative Tribunal, which set aside the order.…
MADAN KUMAR SINGH (D) THR. LRS.versusDISTT. MAGISTRATE, SULTANPUR & ORS.
2009 INSC 10267 August 2009Disposed off
Madan Kumar Singh purchased a truck at a public auction to use for his self‑employment. Although he paid the full consideration, the District Magistrate, Sultanpur and other officials delayed handing over the vehicle for six months and, more seriously, withheld the vehicle's registration documents for six years, preven…
APPAJI GOWDAversusVOKKALIGARA SANGHA & ORS.
2009 INSC 10277 August 2009Disposed off
A widow executed a will appointing her nephew as executor, who later created a trust (Vokkaligara Sangha) over the landed property. Disputes arose over ownership, leading to land‑reforms proceedings, a suit for declaration by the trust, and a settlement in which the trust limited its claim to a small portion of the lan…
JYOTI HARSHAD MEHTA & ORS.versusTHE CUSTODIAN & ORS.
2009 INSC 10297 August 2009Appeal(s) allowed
The Supreme Court examined an appeal by the family of the late Harshad Mehta challenging the Special Court's order to sell nine residential flats that had been attached under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992. The appellants argued that Section 4(1) of the Act, which…
MEENABEN PANKAJKUMAR JOSHI & ORS.versusNEW INDIA ASSURANCE CO. LTD.
2009 INSC 10337 August 2009Case Partly allowed
The widows of Raj Kumar Joshi, a director and proprietor of a clearing and forwarding business, claimed compensation under Section 168 of the Motor Vehicles Act, 1988 after his death in a motor accident. The Motor Accidents Claims Tribunal awarded Rs. 49.25 lakh with interest, which the High Court modified, questioning…
SARJU@ RAMUversusSTATE OF U.P.
2009 INSC 10347 August 2009Appeal(s) allowed
The appellants were arrested after a police patrol, acting on an informer's tip, searched them and seized morphine. The search was conducted by the Station House Officer (SHO) without a gazetted officer present, using consent letters that were allegedly prepared after arrest and without proper authority. The FIR, witne…
ACTION COMMITTEE,UN-AIDED PVT. SCHOOLS & ORS.versusDIRECTOR OF EDUCATION DELHI & ORS.
2009 INSC 10247 August 2009Dismissed
The Action Committee of unaided private schools challenged the Director of Education's (DOE) directions that fees and funds must be used strictly according to Rule 177 and that no amount could be transferred to the managing society or trust. The petitions argued that the DOE lacked authority under Section 24(3) of the …