TAMIL NADU WAKF BOARDversusHATHIJA AMMAL (DEAD) BY LRS. ETC. ETC.
2001 INSC 41131 August 2001Dismissed
The Tamil Nadu Wakf Board filed nine suits seeking possession of properties it claimed were public wakf, based on a 19th‑century deed. The defendants argued that the properties were not listed in the Wakf Board's notification under Section 5(2) of the Wakf Act, 1954, and had been sold in revenue auctions. The trial cou…
SMITA CONDUCTORS LTD.versusEURO ALLOYS LTD.
2001 INSC 41731 August 2001Dismissed
Smita Conductors Ltd. (appellant) and Euro Alloys Ltd. (respondent) entered into contracts for the supply of aluminium rods that contained an arbitration clause but were never signed by the appellant. The appellant opened irrevocable letters of credit and made shipments, but later invoked a force‑majeure clause after R…
NILANGSHU BHUSHAN BASU ETC.versusDEB K. SINHA AND ORS. ETC.
2001 INSC 41831 August 2001Appeal(s) allowed
The Calcutta Municipal Corporation needed to fill the post of Chief Municipal Engineer (Civil) and selected Nilangshu Bhushan Basu by direct recruitment in consultation with the State Public Service Commission, as permitted by the Calcutta Municipal Corporation Act, 1980 and the 1985 Rules. The Calcutta High Court set …
MANJUSHREE PATHAKversusTHE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LTD.
1999 INSC 37231 August 1999Appeal(s) allowed
Manjushree Pathak, after 23 years of service with Assam Industrial Development Corporation Ltd., applied for voluntary retirement under the AIDC Voluntary Retirement Scheme, 1992, seeking immediate effect. The recommending authority approved the application, but the Managing Director failed to act despite several remin…
STATE OF RAJASTHANversusBHAWANI AND ANR.
2003 INSC 35531 July 2003Appeal(s) allowed
The State of Rajasthan prosecuted Bhawani, Hari Singh and others for murder, grievous hurt and unlawful assembly after they allegedly fired firearms into a village Nohara, killing two persons and injuring several others. The trial court convicted the accused based on the testimony of eleven eye‑witnesses, five of whom …
SMT. KESAR DEVIversusUNION OF INDIA AND ORS.
2003 INSC 35631 July 2003Dismissed
The appellant, Kesar Devi, wife of a smuggler detained under COFEPOSA, challenged the forfeiture of three properties under SAFEMA, arguing that the notice under Section 6(1) failed to show a nexus between the properties and the illicit proceeds of her husband and that she could also contest the COFEPOSA detention order…
MOHD. ASLAM @ BHUREversusUNION OF INDIA AND ORS.
2003 INSC 19431 March 2003Disposed off
The Supreme Court heard a public‑interest writ petition filed by Mohd. Aslam seeking that the 67.703 acres of land acquired under the Acquisition of Certain Area at Ayodhya Act, 1993 be preserved in its present condition until pending title suits before the Allahabad High Court are decided. The petitioners argued that …
AMAR SINGHversusBALWINDER SINGH AND ORS.
2003 INSC 5231 January 2003Appeal(s) allowed
The case arose from a shooting incident in which the complainant Amar Singh and his family were injured and his son Lakha Singh died. The trial court convicted Balwinder Singh and three others under Sections 302, 34 and 307 IPC based largely on the testimony of three injured eye‑witnesses and medical evidence. The Punj…
RUTH SORENversusMANAGING COMMITTEE, EAST I.S.S.D.A. AND ORS.
2000 INSC 55530 November 2000Dismissed
Ruth Soren, a former employee of an educational institution, was terminated and filed an application under Section 26(2) of the Bihar Shops and Establishments Act, 1953 before the Labour Court seeking reinstatement. The Labour Court ordered her reinstatement, but the institution appealed, contending that it was not an …
CALCUTTA ELECTRIC SUPPLY CORPN. LTD.versusSHEW KR. SINGH AND ORS.
2000 INSC 55630 November 2000Dismissed
The Supreme Court considered an appeal by Calcutta Electric Supply Corp. Ltd against a High Court order that had upheld a Tribunal’s decision rejecting a workman’s application for interpretation of clause 15 of the company’s Certified Standing Order of 1953. Clause 15 dealt with misconduct involving intoxication and re…
BOROSIL GLASS WORKS LTD. EMPLOYEES' UNIONversusD.D. BAMBODE AND ORS.
2000 INSC 55730 November 2000Appeal(s) allowed
The Borosil Glass Works Ltd. Employees' Union, a registered trade union, rejected the joint membership application of D.D. Bambode and others because the applications did not follow the union's procedure. Bambode filed a complaint under Section 28(1A) of the Trade Unions Act, 1926, seeking a consent certificate, but th…
DISTT. MANAGER, APSRTC, VIJAYAWADAversusK. SIVAJI AND ORS.
2000 INSC 55830 November 2000Appeal(s) allowed
The Andhra Pradesh State Road Transport Corporation (APSRTC) employed workers who claimed wages for work performed on holidays declared under the Andhra Pradesh Factories and Establishments (National Festival and Other Holidays) Act, 1974. APSRTC contended that Section 11(1)(c) of that Act excluded it because it was an…
DR. MRS. RENUKA DATLAversusSOLVAY PHARMACEUTICAL B.V. AND ORS.
2003 INSC 58330 October 2003Disposed off
The petitioners, shareholders of two pharmaceutical companies, filed three suits seeking to restrain the transfer of their 4.91% shareholdings and obtained interim injunctions, which were later vacated by the trial and High Courts. The parties subsequently entered into a written settlement whereby the respondents would…
STATE OF PUNJABversusRAGHBIR CHAND SHARMA AND ANR.
2001 INSC 53530 October 2001Appeal(s) allowed
The State of Punjab issued a notification for the post of Assistant Advocate General and prepared a select panel of three candidates. The first candidate accepted the offer, was appointed, and later resigned; the second candidate declined the appointment. The State then appointed the second respondent from the service …
PARMESHWAR PRASADversusUNION OF INDIA AND ORS.
2001 INSC 53630 October 2001Dismissed
Parmeshw ar Prasad, a Bihar Statistical Service officer, was recommended for appointment to the IAS cadre by selection under the IAS (Appointment by Selection) Regulations, 1956. The State Scrutiny Committee failed to hold meetings for short‑listing candidates for 1994‑95 and 1995‑96, and in 1996 his name was rejected …
KARNATAKA WAKF BOARDversusSTATE OF KARNATAKA AND ANR.
2003 INSC 26630 April 2003Dismissed
The Karnataka Wakf Board challenged two suits filed in 1981 by the State's Education and Agriculture Departments seeking declaration of title over properties that had been notified as Wakf. The Board argued that the suits were barred by the one‑year limitation prescribed in Section 6 of the Wakf Act, 1954. The Supreme …
M/S. BAGHOPURI M.M SAMBAI SAMITIversusSTTE OF ASSAM AND OTHERS
1999 INSC 14030 March 1999Appeal(s) allowed
The appellant, a fishery cooperative society in Darrang District, consisted of members belonging to the Maimal Community of Cachar District. The society sought direct settlement of fishery rights under the proviso to Rule 12 of the Assam Fishery Rules, which provides such settlement to societies formed by 100% actual f…
I.T.C. LTD.versusTHE PERSON INCHARGE, AGRICULTURAL MARKET COMMITTEE, KAKINADA AND ORS.
2004 INSC 7230 January 2004Dismissed
J.T.C. Ltd., a company that purchases dead prawns, processes and exports them, was served a notice under the Andhra Pradesh (Agricultural Produce & Livestock) Markets Act, 1966 demanding market fees for prawns classified as livestock. The company challenged the fee, arguing that prawns, especially dead ones, are not li…
PARADIP PORT TRUST AND ORS. ETC.versusUNIQUE BUILDERS ETC.
2001 INSC 5030 January 2001Case Partly allowed
Paradip Port Trust entered into a scrap‑sale agreement with Unique Builders that contained an arbitration clause. Disputes were referred to an arbitrator who awarded a lump‑sum of Rs 8,51,315 with interest, without giving reasons and based solely on documentary evidence. The Sub‑Judge set aside the award under Sections…
BABUA@ TAZMUL HOSSAINversusTHE STATE OF ORISSA
2001 INSC 5130 January 2001Dismissed
The petitioner, Babua, was charged under the Narcotic Drugs and Psychotropic Substances Act, 1985 for allegedly abetting a conspiracy to possess and sell cannabis and other drugs. The charge was based on statements of a co‑accused who said Babua worked for the alleged drug dealer. The petitioner applied for bail, argui…
UNION OF INDIA AND ORS.versusMUNEESH SUNEJA
2001 INSC 5230 January 2001Appeal(s) allowed
The Enforcement Directorate searched the respondent’s residence and recovered cash, gold biscuits and foreign currency, leading to his arrest and later bail. A detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1973 was issued, which the respondent cha…
M/S LAKSHMANI STONE PRODUCTS AND ORS.versusUNION OF INDIA AND ORS.
2001 INSC 5330 January 2001Dismissed
The appellants, Lakshmani Stone Products, operated stone quarries and performed crushing of stones. They challenged the applicability of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, arguing that no notification under Section 4 had listed stone quarries in the Schedule, and therefore the Act sh…
M/S. S.K. NASIRUDDIN BEED! MERCHANT LTD.versusCENTRAL PROVIDENT FUND COMMISSIONER AND ANR.
2001 INSC 5430 January 2001Dismissed
M/S. L AND T MC NEILL TD. ETC. ETCversusGOVERNMENT OF TAMIL NADU
2001 INSC 5530 January 2001Case Allowed
The Government of Tamil Nadu issued a notification under Section 10(1) of the Contract Labour (Regulation & Abolition) Act, 1970 prohibiting the use of contract labour for sweeping and scavenging in establishments employing fifty or more workers. Mis. Landt Mc Neil Ltd. challenged the notification, alleging that the St…
THE STATE OF GOA AND ANR.versusM/S. COLFAX LABORATORIES.LTD. AND ANR.
2003 INSC 57629 October 2003Case Partly allowed
Colfax Laboratories manufactured after‑shave lotions (ASL) under a licence for cosmetics. In 1985 it sought re‑classification of the product as a "medicinal preparation" to obtain a lower excise duty; the Excise Commissioner classified it as medicinal, a decision later challenged. The State issued notices demanding bal…
THE GOVERNMENT OF TAMIL NADU AND ORS.versusM. ANANCHU ASARI AND ORS.
2003 INSC 57829 October 2003Disposed off
The case concerned employees of the Tamil Nadu State Transport Department who were deputed to newly formed Transport Corporations and later permanently absorbed. The State Government fixed 1 May 1975 as the cut‑off date for determining pension eligibility, but the Madras High Court held this date arbitrary and ordered …
STATE OF ANDHRA PRADESH AND ORS.versusNALLAMILLI RAMI REDDI AND ORS.
2001 INSC 40429 August 2001Appeal(s) allowed
The Supreme Court examined the constitutional validity of Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, which cancels all agricultural leases of lands held by charitable or religious institutions except those of "landless poor" persons. The State of Andhra Prades…
UNION OF INDIA AND ORS.versusAVTAR SINGH AND ORS.
2001 INSC 40529 August 2001Appeal(s) allowed
Brigadier Avtar Singh (Respondent) had adverse remarks recorded in his Annual Confidential Reports (ACRs) for 1990-91 and 1991-92, which were partially expunged on appeal. He was empanelled for promotion to Major General in April 1995 but, due to the absence of a vacancy, retired as a Brigadier in December 1995. He fil…
DENTAL COUNCIL OF INDIA AND ANR.versusHARI PRAKASH AND ORS.
2001 INSC 40629 August 2001Appeal(s) allowed
Dr. S, a professor at AIIMS, was a member of the Dental Council under Section 3(d) of the Dentists Act, 1948. After his retirement, AIIMS nominated Har! Prakash to fill the vacancy, but the Council terminated his membership, holding that AIIMS was not a "University established by law" and thus could not nominate a memb…
KANHAIYA LAL AGRAWALversusUNION OF INDIA
2002 INSC 31129 July 2002Appeal(s) allowed
The Railway invited tenders for supplying and stacking ballast. The appellant submitted a tender that included a letter offering a rebate of 5%, 3% or 2% if the contract was finalized within 45, 60 or 75 days respectively. Respondent No.5 submitted a later tender with a lower rate but without such a rebate. The Railway…
STATE OF WEST BENGAL AND ORS.versusJIBAN KRJSHNA DAS AND ORS.
2002 INSC 23829 April 2002Appeal(s) allowed
The State of West Bengal issued a 1969 notification that volunteers of the West Bengal National Volunteer Force would be deployed for a maximum of three months at a stretch, after which a fresh batch would be called up, creating a rotational system. A group of volunteers challenged the circular, arguing that it was arb…
UNION OF INDIA AND ORS.versusINDU LAL AND ORS.
2002 INSC 24329 April 2002Appeal(s) allowed
Law Assistants and Chief Law Assistants claimed they were designated as Presenting Officers under Section 19(2) of the Railway Claims Tribunal Act, 1987 and sought parity in pay with Junior Administrative Grade Presenting Officers (Group B). The Central Administrative Tribunal held that they were authorised to act as P…
TATA IRON AND STEEL CO. LTD. AND ORS.versusSTATE OF WEST BENGAL
2002 INSC 24429 April 2002Dismissed
The Supreme Court examined appeals by Tata Iron and Steel Co. Ltd. and others challenging the West Bengal Multi-Storeyed Buildings Tax Act, 1979 on the ground that it violated Article 14 by discriminating between owners of multi‑storeyed buildings based on the portion of the building taxed. The appellants argued that t…
UNION OF INDIAversusSHREE GAJANAN MAHARAJ SANSTHAN
2002 INSC 24529 April 2002Case Partly allowed
Shree Gajanan Maharaj Sansthan, a charitable trust, filed a writ petition under Article 32 seeking a mandamus directing the Union of India to fix a date for bringing Section 2(c) of the Industrial Disputes (Amendment) Act, 1982 into force, which would exclude charitable organisations from the definition of "industry". …
KENDRIYA VIDYALAYA SANGATHAN AND ORS.versusAJAY KUMAR DAS AND ORS.
2002 INSC 24629 April 2002Appeal(s) allowed
The Kendriya Vidyalaya Sangathan advertised for twelve Lower Division Clerk posts and the Assistant Commissioner, Dr. K.C. Rakesh, issued appointment orders on 13-15 December 1997 even though his services had been terminated on 11 December 1997, albeit he was temporarily allowed to continue under an interim High Court …
G.N. NAYAKversusGOA UNIVERSITY AND ORS.
2002 INSC 5229 January 2002Appeal(s) allowed
The case concerned the appointment of G.N. Nayak as Professor of Marine Science at Goa University. Two advertisements (1994 and 1995) prescribed minimum qualifications, including ten years of teaching or research experience, and the 1995 notice altered the additional qualifications. The respondent (a fellow applicant) …
M.P.A.L.T. PERMIT OWNERS ASSN. AND ANR.versusSTATE OF MADHYA PRADESH
2003 INSC 68128 November 2003Appeal(s) allowed
The Madhya Pradesh Motor Vehicle Taxation Act, 1991 (as amended in 1999) inserted sections permitting confiscation of a vehicle for non‑payment of tax, linking the power to offences under the Motor Vehicles Act, 1988 (Section 66 read with Section 192‑A). Petitioners challenged these provisions as repugnant to the centr…
M/S BALLARPUR INDUSTRIES LTD.versusSTATE OF ORISSA AND ORS.
2000 INSC 54628 November 2000Disposed off
The respondent, a Chief Welfare Officer, was terminated on 15‑12‑1981, appealed and was reinstated by the State Government, but was not paid his arrears because the corporation was declared sick under the Sick Industrial Companies (Special Provisions) Act, 1985. The BIFR sanctioned a scheme on 21‑12‑1990 under which th…
HARSH DHINGRAversusSTATE OF HARYANA AND ORS,
2001 INSC 46928 September 2001Appeal(s) allowed
The case concerned allotments of land under the discretionary quota of the Haryana Urban Development Authority Act, 1988, Section 30. The Punjab & Haryana High Court had earlier laid down principles for such allotments in S.R. Dass (1988) and later in Anil Sabharwal (1997) introduced new principles, refusing to apply t…
MEDICAL COUNCIL OF INDIAversusSARANG AND ORS.
2001 INSC 40228 August 2001Disposed off
A medical student (respondent No.1) applied to migrate from a college in New Mumbai to a college in Aurangabad on medical grounds. The Medical Council of India (MCI) allowed the migration subject to Regulation 6(5) of its 1997 Graduate Medical Education Regulations, which requires the student to complete 18 months of p…
PUNJAB UNIVERSITYversusV.N. TRIPATHI AND ANR.
2001 INSC 40328 August 2001Appeal(s) allowed
The Punjab University filed appeals against trial court judgments in suits brought by Dr. V.N. Tripathi and Shimla Devi, with the University’s Registrar acting as the appellant. The respondents contended that the Registrar lacked authority to file the appeals without a prior resolution of the Senate, leading the lower …
M/S. HARI FERTILIZERS ETC.versusSTATE OF U.P. AND ORS.
2000 INSC 36028 July 2000Dismissed
The appellant company terminated several workmen in 1985 and later closed its factory in 1988‑89, terminating seven additional workmen. A settlement agreement was executed on 19 October 1989 between the company and the trade union, covering disputes of the seven workmen terminated due to the closure. The company sought…
PUNJAB STATE ELECTRICITY BOARD AND ORS.versusRAM RAKHI
2000 INSC 35928 July 2000Case Partly allowed
The respondent, a widowed sister of a deceased employee of the Punjab State Electricity Board, filed a suit for a mandatory injunction to obtain family pension, GPF, gratuity and other benefits. The trial court decreed in her favour and the High Court affirmed, holding that a widowed sister is a member of the deceased'…
BRAJA KISHORE JAGDEVversusLINGRAJ SAMANTARAY AND ORS.
2000 INSC 36328 July 2000Appeal(s) allowed
The respondents claimed to be hereditary trustees of the Sri Sidha Baladev temple, asserting that they had acted as marfatdars since the founder's time and were recognized as such by revenue authorities. They sought a scheme under Section 42 of the Orissa Hindu Religious Endowments Act, 1951, which was dismissed, and l…
STATE OF M.P. AND ANR.versusSMT. ABHA SETHI ETC.
1999 INSC 20828 April 1999Appeal(s) allowed
The State of Madhya Pradesh appealed against a Madhya Pradesh High Court order that held video games in video parlours were not liable to entertainment tax under the MP Entertainments Duty and Advertisement Tax Act, 1936. The High Court had relied on the decision in Harrish Wilson v. State of MP, reasoning that the ent…
SETH CHAND RATANversusPANDIT DURGA PRASAD (D) BY LRS. AND ORS.
2003 INSC 19128 March 2003Appeal(s) allowed
The dispute concerned the status of Shri Madan Mohan Mandir and adjoining shops in Harda, Madhya Pradesh. Two applications were filed under the Madhya Pradesh Public Trusts Act, 1951: one by Pandit Kamta Prasad (case No. 73) seeking registration as a public trust, which he later withdrew, and another by Seth Champalal …
SAHEBGOUDA (DEAD) BY LRS. AND ORS.versusOGEPPA AND ORS.
2003 INSC 19228 March 2003Appeal(s) allowed
The appellants, who claim to be hereditary pujaris of the Amogsidda temple, filed a suit in the civil court seeking a declaration of their pujariki rights and an injunction against interference by the respondents. The respondents argued that the suit was barred by Section 80 of the Bombay Public Trust Act, 1950 because…
KACHA KANTI SEVA SAMITY AND ANR.versusSHRI KACHA KANTI DEVI AND OS.
2003 INSC 19328 March 2003Case Partly allowed
The Supreme Court examined a dispute over the status of a temple in Udarband, Cachar, where the respondents claimed hereditary shebaitship of the deity based on ancient royal appointments, while the appellants argued that the temple was a public endowment with no formal shebait appointment. The trial court dismissed th…
THE STATE OF KARNATAKA AND ANR.versusMANGALORE UNIVERSITY NON-TEACHING EMPLOYEES ASSOCIATION AND ORS.
2002 INSC 10928 February 2002Appeal(s) allowed
Mangalore University employees at Konaje were receiving House Rent Allowance (HRA) and City Compensatory Allowance (CCA) at rates applicable to a ‘C’ class city, although the campus lay in an ‘E’ class area. The Karnataka Government ordered the withdrawal of these allowances from 1‑April‑1994 and directed recovery of e…
AJAY MITRAversusSTATE OF M.P. AND ORS.
2003 INSC 4028 January 2003Appeal(s) allowed
The complainant, Sanjiva Bottling Company, entered into five‑year bottling agreements with Cadbury Schweppes Beverages India, which were later assigned to Atlantic Industries, a Coca‑Cola subsidiary. After Atlantic gave notice that the agreements would not be renewed, the complainant filed a criminal complaint under Se…
EICHER MOTORS LTD. AND ANR.versusUNION OF INDIA AND ORS. ETC.
1999 INSC 2628 January 1999Appeal(s) allowed
The petitioners, manufacturers including Eicher Motors Ltd., challenged Rule 57F(4A) of the Central Excise Rules, 1944 which mandated that MODVAT credit unutilised as on 16 March 1995 would lapse. They argued that the credit represented a vested right under the existing law and that Section 37 of the Central Excise Act…
MUKESH KUMAR AND ORS.versusCOL. HARBANS WARAICH AND ORS.
1999 INSC 49627 October 1999Dismissed
The plaintiffs, Mukesh Kumar and others, entered into an agreement with the Karta of a Hindu Undivided Family (HUF) to purchase a property, but the sale deed was not executed. One of the original defendants, Ashwani Kumar, was later transposed from the defendant side to become a plaintiff. The trial court and appellate…
MUNNAversusSTATE (N.C.T. OF DELHI)
2003 INSC 42927 August 2003Dismissed
The appellant Munna was convicted under the IPC, TADA and the Arms Act for participating in a robbery in which a lady’s gold bangles were taken. The prosecution’s case rested on the testimony of three eye‑witnesses who identified Munna for the first time in court, as no prior test identification parade (TIP) had been h…
BHIMA @ BHIMARAO SIDA KAMBLE AND ORS.versusSTATE OF MAHARASHTRA
2002 INSC 35327 August 2002Appeal(s) allowed
Twenty-two persons were charged with forming an unlawful assembly with the alleged common object of murdering Vithal, injuring his brother Bhimrao, and damaging property. The trial court convicted most of them under Section 302 read with Section 149 and Section 440 read with Section 149 of the IPC, while a few were als…
J.C. SEHGALversusDEVI DASS AND ORS.
2004 INSC 31427 April 2004Leave Granted & Allowed
The dispute concerned a four‑room property in Jammu that was sold by Issar Dass to Ved Paul Gupta, who later sold it to Shashi Kant and then to Raj Kumar, the tenant. Devi Dass (respondent No. 1) filed a pre‑emption suit in 1978 under the J&K Rights of Prior Purchase Act, 1936, claiming a right based on the property’s …
E.L.D. PARRY (I) LTDversusG. OMKAR MURTHY AND ORS.
2001 INSC 17927 March 2001Dismissed
The respondents, former employees of E.I.D. Parry (I) Ltd., retired under a voluntary scheme in 1984 and received gratuity under the Payment of Gratuity Act, 1972. Because their monthly wages exceeded Rs 1,000, they were not covered by the definition of "employee" in Section 2(e) of the Central Act, and therefore could…
HANUMAN PRASAD BAGRI AND ORS.versusBAGRESS CEREALS PVT. LTD. AND ORS.
2001 INSC 18027 March 2001Dismissed
A petition under Sections 397 and 398 of the Companies Act, 1956 was filed by several shareholders alleging oppression and mismanagement, including the illegal removal of a director and unfair share valuation. The Company Judge found the grievance legitimate, ordered the petitioners to sell their shares at a valuation,…
EMP., MGMT OF RAMKANALI COLLIERY OF M/S. BCCLversusWORKMEN BY SECY. RASHT. COLLIERY MAZDOOR SANGH AND ANR
2001 INSC 18327 March 2001Dismissed
Four workmen alleged that they were employed at Ramkanali Colliery before the coal mines were nationalised on 1 May 1973 and that they were unlawfully stopped from work. The management contended that the workmen were not employees on the appointed date and that the amendment substituting Section 14 of the Coal Mines Na…
JAWAHAR LAL SAZAWAL AND ORS.versusSTATE OF J AND K AND ORS.
2002 INSC 10527 February 2002Appeal(s) allowed
The appellants were appointed as permanent civil servants of the Jammu & Kashmir State before 1963 and were posted in industrial units. After the incorporation of Jammu & Kashmir Industries Ltd., the Governor issued an instruction entrusting those units to the company, but the appellants continued to work in the same p…
K. SHEKARversusV. INDIRAMMA AND ORS.
2002 INSC 10727 February 2002Appeal(s) allowed
The case concerned the appointment of K. Shekar as Lecturer and later Assistant Professor at NIMHANS after an initial temporary appointment in the ICMR Centre. The selection committee appointed him to a lower post that had not been advertised, and a subsequent corrigendum converted the temporary post into a permanent o…
STATE OF GUJARATversusUMEDBHAI M. PATEL
2001 INSC 12327 February 2001Dismissed
The respondent, an Executive Engineer in Gujarat, was suspended pending disciplinary proceedings and was compulsorily retired under Rule 161(1)(i)(aa) of the Bombay Civil Services Rules, 1959. The High Court set aside the retirement order, holding it punitive because it was passed without a completed enquiry and withou…
COMMISSIONER OF INCOME TAX, MUMBAIversusBHUPEN CHAMPAK LAL DALAL AND ANR. ETC.
2001 INSC 12427 February 2001
Criminal proceedings under the Income‑Tax Act were instituted against the respondents while appeals against the income‑tax assessments were pending before the Income‑Tax Appellate Tribunal. The respondents sought a stay of the criminal case, which was granted by the Metropolitan Magistrate, affirmed by the Sessions Cou…
M/S. DAMODAR MANGALJI AND CO. ETC.versusTHE REGIONAL DIRECTOR
2001 INSC 12527 February 2001Dismissed
The mining company Damodar Mangalji & Co. challenged a 1977 notification issued by the Government of Goa, Daman & Diu under the Employees' State Insurance Act, 1948, arguing that the Act should not apply to mining establishments because the term "mine" should be limited to the ore‑extraction site and the "appropriate G…
STATE OF KARNATAKAversusSHARIFF
2003 INSC 3827 January 2003Appeal(s) allowed
The State of Karnataka appealed the acquittal of Shariff, who was convicted by a Sessions Court for murdering his wife by setting her on fire. The High Court had set aside the conviction, discarding the victim's dying declarations and the testimony of an 8‑year‑old child witness. The Supreme Court held that the dying d…
SUPREET BATRA AND ORS.versusUNION OF INOIA AND ORS.
2003 INSC 3627 January 2003Dismissed
The Supreme Court examined petitions filed by Supreet Batra and others seeking a third round of counselling for MBBS/BDS admissions under the 15% All‑India quota, arguing that several states had not completed the prescribed counselling within the dates fixed by the Court‑framed scheme, leading to vacant seats. The Cour…
M/S. BHOR INDUSTRIES LTD.versusTHE COLLECTOR OF CENTRAL EXCISE, BOMBAY
1999 INSC 48826 October 1999Appeal(s) allowed
The appellant, a manufacturer of laminated textile fabrics, sought classification of its waste side strips and scrap (referred to as "foam patty") as non‑excisable items under Chapter 59 of the Customs Tariff Act. The Assistant Collector and the Appellate Authority classified the material as laminated fabrics, first as…
BLUE STAR EMPLOYEES UNIONversusEX. OFF. PRINCIPAL SECY. TO GOVERNMENT AND ANR.
2000 INSC 46026 September 2000Appeal(s) allowed
During an industrial dispute, two employees were transferred and terminated and filed a complaint under Section 33‑A of the Industrial Disputes Act, alleging that the employer had not complied with the procedural safeguards of Section 33. The Industrial Tribunal awarded that the terminations were justified without firs…
SATISH RAWATversusUNION OF INDIA
2002 INSC 35026 August 2002Appeal(s) allowed
The Customs Department appointed an inspector under the sports quota despite the appellant failing the field test, while a qualified respondent was not selected. The appellant challenged the appointment before the Central Administrative Tribunal, which quashed his appointment and directed a merit-based selection, leadi…
THE FACTORY MANAGER CIMMCO WAGON FACTORYversusVIRENDRA KUMAR SHARMA AND ANR.
2000 INSC 35326 July 2000
The respondent, Virendra Kumar Sharma, worked as an apprentice for CIMMCO Wagon Factory and received a stipend of Rs.250 per month, with a contractual clause stating the company had no obligation to employ him after training. No appointment letter or salary was ever paid, and letters recommending his appointment were w…
COMMISSIONER OF INCOME TAXversusP.V.A.L. KULANDAGAN CHETTIAR (DEAD) THROUGH LRS.
2004 INSC 38226 May 2004Dismissed
The assessee, a firm owning rubber estates in Malaysia, earned business income and short‑term capital gains from the Malaysian property. The Income Tax Officer in India taxed both incomes, but the Commissioner of Income Tax (Appeals) held, relying on Article VII(1) of the India‑Malaysia Double Taxation Avoidance Agreem…
SAKSHIversusUNION OF INDIA
2004 INSC 38326 May 2004Dismissed
The Supreme Court considered a public‑interest writ petition seeking a declaration that the term "sexual intercourse" in Section 375 of the Indian Penal Code should be interpreted to include all forms of penetration, thereby expanding the definition of rape. The petition also sought procedural directions for recording …
TRANSMISSION CORPORATION OF A.P.versusCH. PRABHAKAR AND ORS.
2004 INSC 38426 May 2004Matter referred to larger bench
The case arose when a flour mill owned by the writ petitioners was found to be stealing electricity, leading to an FIR and trial under the Indian Electricity Act, 1910. While the trial was pending before a Metropolitan Magistrate, Andhra Pradesh amended the Act (2000) to create Special Tribunals and Courts, increase pu…
STATE OF WEST BENGALversusHARESH C. BANERJEE AND ORS.
2004 INSC 38526 May 2004Matter referred to larger bench
The Supreme Court considered an appeal challenging the constitutional validity of Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules, which the Calcutta High Court had declared ultra vires. The Court noted that the issue also raised questions about the operation of the West Bengal (Classificati…
ASSOCIATION OF REGISTRATION PLATESversusUNION OF INDIA AND ORS.
2004 INSC 38626 May 2004Matter referred to larger bench
The petitioners challenged Clause 4(x) of the Motor Vehicles (New High Security Vehicle Registration Plates) Order, 2001 and the eligibility conditions in various State NITs, alleging that they created a monopoly in favour of a single private manufacturer, violating Article 19(1)(g) of the Constitution. The petitioners…
COMMISSIONER OF CENTRAL EXCISE, SURATversusM/S. SURAT TEXTILE MILLS LTD. AND ORS.
2004 INSC 30926 April 2004Disposed off
The Commissioner of Central Excise appealed against orders of the Custom, Excise and Gold (Control) Appellate Tribunal (CEGAT) which had held that advertising expenses recovered from dealers could not be added to the assessable value of processed fabrics and beverage bases. The Supreme Court examined whether such sales…
POST-DOCTORAL RESEARCH ASSOCIATES OF S.V. UNIVERSITY, DR. K. KRISHNA REDDY AND ORS.versusUNION OF INDIA AND ORS.
2002 INSC 23426 April 2002Dismissed
The petitioners, post‑doctoral research associates appointed under UGC or CSIR schemes, sought continuation of their appointments beyond the fixed tenure, arguing that the schemes implied permanency and that their termination violated their rights. The respondents contended that the schemes were merely temporary, socia…
STATE OF KARNATAKA AND ORS.versusG. HALAPPA AND ORS.
2002 INSC 23526 April 2002Appeal(s) allowed
The State of Karnataka appointed certain teachers on a one‑year contract under the 1983 Special Recruitment Rules, paying them a salary lower than the minimum pay‑scale and expressly stating that their service would not count for future government service. After regular recruitment, these contract teachers were absorbe…
B. RAMANJINI AND ORS.versusSTATE OF ANDHRA PRADESH AND ANR.
2002 INSC 23626 April 2002Appeal(s) allowed
The Supreme Court examined the cancellation of District Selection Committee written examinations in Anantapur district after a police report detailed massive irregularities, and the subsequent fresh examinations and results. It held that the State Government was justified in cancelling the exams and that the High Court…
K.L.E. SOCIETYversusDR. R.R. PATIL AND ANR.
2002 INSC 23126 April 2002Dismissed
Dr. R.R. Patil, the principal of a college run by K.L.E. Society, applied twice for voluntary retirement, first on 2 December 1994 without specifying a retirement date and again on 5 July 1995. The Society’s Board of Management accepted his second application on 20 July 1995, without the three‑month notice period requi…
VINODAN T. AND ORS.versusUNIVERSITY OF CALICUT AND ORS.
2002 INSC 23726 April 2002Dismissed
The appellants were selected for Assistant Grade‑II posts at the University of Calicut and placed on a rank list prepared in October 1995. The University later curtailed the list’s validity to two years and cancelled it, citing a statutory ban on appointments under the Pre‑Degree Course (Abolition) Act, the creation of…
DR. PARAG GUPTA ETC.versusUNIVERSITY OF DELHI AND ORS
2000 INSC 25626 April 2000Case Partly allowed
The petitioners, MBBS graduates admitted under the 15% All‑India quota, challenged the differing reservation criteria adopted by various states for postgraduate medical seats, arguing that they were denied admission both in the state where they studied (Tamil Nadu) and their home state (Delhi). The Supreme Court examin…
KARAMJIT SINGHversusSTATE (DELHI ADMINISTRATION)
2003 INSC 18426 March 2003Dismissed
Karamjit Singh, a Delhi police constable, was residing in a police quarter allotted to his father‑in‑law when police, acting on secret information, raided the premises and recovered explosives and related materials from a locked box that Singh opened. He was convicted under Sections 3 and 5 of the Terrorist and Disrupt…
COLLECTOR OF CENTRAL EXCISE, PATNAversusM/S. TATA IRON AND STEEL CO. LTD.
2004 INSC 13126 February 2004Dismissed
The respondents, manufacturers of steel sheets, generate zinc dross and flux skimming as waste during the galvanisation process. The Revenue treated these residues as marketable commodities, issuing show‑cause notices for excise duty and penalty. The assessees argued that the residues are merely refuse, not goods withi…
BARELLLY DEVELOPMENT AUTHORITYversusVRINDA GUJARATI AND ORS.
2004 INSC 13226 February 2004Appeal(s) allowed
The Bareilly Development Authority (BDA) ran a self‑financing housing scheme in which the brochure stated only an estimated cost of flats, with final costing to be determined later. After construction was altered from four storeys to two, the BDA raised the price of the flats based on actual increased area, land cost a…
BHARATI VIDYAPEETH (DEEMED UNIVERSITY) AND ORS.versusSTATE OF MAHARASHTRA AND ANR.
2004 INSC 14026 February 2004
Bharati Vidyapeeth, a society declared a deemed university under the UGC Act, had admitted students to its medical, engineering and dental colleges through the State's Common Entrance Test (CET) until 1995‑96. After obtaining deemed‑university status, it sought to conduct its own All‑India entrance test and challenged …
THE SURAT TEXTILE MARKET COOPERATIVE SHOPS AND WAREHOUSES SOCIETY LTD., SURATversusMUNICIPAL CORPORATION OF THE CITY OF SURAT
1997 INSC 76025 November 1997Dismissed
The Surat Textile Market Cooperative Society Ltd constructed a textile market with a revolving restaurant on the 14th floor, accessed by a lift that was used exclusively by restaurant patrons. The Municipal Corporation of Surat assessed property tax under the Bombay Provincial Municipal Corporations Act, 1949, and incl…
SMT. VINITHA ASHOKversusLAKSHMI HOSPITAL AND ORS.
2001 INSC 45725 September 2001Dismissed
The appellant, Vinitha Ashok, filed a consumer complaint alleging medical negligence after losing her uterus during a termination of pregnancy at Lakshmi Hospital. She claimed the doctors performed an unnecessary MTP without ultrasonography, used an improper cervical dilatation device, and failed to send the uterus for…
A.K. BINDAL AND ANR.versusUNION OF INDIA AND ORS.
2003 INSC 25825 April 2003Directions issued
The petitioners, officers of the sick public sector undertakings Fertilizer Corporation of India (FCI) and Hindustan Fertilizer Corporation (HFC), challenged two Government memoranda that denied pay‑scale revision for employees of units referred to BIFR and that provided no budgetary support for such revisions. They ar…
SRI SINGAM CHETTY ATTENDROOLOO AND ORS.versusTHE STATE OF TAMIL NADU AND ORS.
2001 INSC 22825 April 2001Dismissed
In 1899 a deed of settlement was executed containing donations of both religious and secular character (list E). The Hindu Religious and Charitable Endowments Board, invoking Section 77 of the Hindu Religious and Charitable Endowments Act, 1927, ordered that fifty per cent of the trust's income be treated as a religiou…
ASGAR S. PATEL AND ORS.versusUNION OF INDIA AND ORS.
2000 INSC 24425 April 2000Dismissed
The appellants, six purchasers of a flat, paid Rs 4,55,000 as earnest money under a sale agreement and later faced a compulsory purchase of the property by the Central Government under Chapter XX‑C of the Income‑Tax Act, 1961. The Appropriate Authority released the consideration to the vendor and retained amounts to sa…
DENA BANKversusBHIKHABHAI PRABHUDAS PAREKH AND CO. AND ORS.
2000 INSC 24525 April 2000Dismissed
Dena Bank had taken a mortgage over the property of the partnership firm Mis Bhikhabhai Prabhudas Parekh & Co. and its partners. While the suit was pending, the State of Karnataka attached and auctioned the mortgaged property to recover arrears of sales tax. The trial court granted a decree to the bank but dismissed th…
D.K. JOSHIversusSTATE OF U.P. AND ORS.
2000 INSC 24625 April 2000Appeal(s) allowed
The appellant filed a public‑interest writ petition in the Allahabad High Court seeking a mandamus directing the State of Uttar Pradesh to take action against unqualified and unregistered medical practitioners operating in Agra district. The High Court dismissed the petition on the ground that the Chief Medical Officer…
SPECIAL REFERENCE NO. 1 OF 2001versus-
2004 INSC 20925 March 2004Dismissed
The President referred three questions to the Supreme Court under Article 143(1) concerning whether natural gas (including LNG) falls under the Union List (Entry 53, List I), whether States can legislate on it under Entry 25, List II, and whether Gujarat's Gas (Regulation of Transmission, Supply and Distribution) Act, …
R. SAI BHARATHIversusJ. JAYALALITHA AND ORS.
2003 INSC 66824 November 2003Dismissed
The State alleged that the Tamil Nadu Small Industries Corporation (TANSI) sold land at a price below market value to a firm in which the Chief Minister of Tamil Nadu and her associate were partners, thereby causing wrongful loss to the corporation and wrongful gain to the accused. The trial court convicted the accused…
ISHWAR SWAROOP SHARMAversusJAGMOHAN LAL
2000 INSC 54124 November 2000Dismissed
The landlord, Ishwar Swaroop Sharma, let a shop to Jagmohan Lal on a monthly basis, with the rent increased to Rs 200 in 1976 and documented by an endorsement. In 1989 Sharma applied under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 for fixation of fair rent. The Rent Controller fixed Rs 1,0…
BHARATHIDASAN UNIVERSITY AND ANR.versusALL INDIA COUNCIL FOR TECHNICAL EDUCATION AND ORS.
2001 INSC 45424 September 2001Appeal(s) allowed
Bharathidasan University, a full‑fledged university recognised under the UGC Act, began offering several technology programmes without obtaining prior approval from the All India Council for Technical Education (AICTE). AICTE filed a writ petition seeking to restrain the university from running those courses, arguing t…
T.I. CYCLES OF INDIA, AMBATTURversusM.K. GURUMANI AND ORS.
2001 INSC 39224 August 2001Appeal(s) allowed
Workmen who retired from T.I. Cycles of India claimed that incentive wages paid for extra work should be treated as "wages" under Section 2(s) of the Payment of Gratuity Act, 1972 and thus be included in the calculation of gratuity under Section 4(2). The Controlling Authority and the Madras High Court held the incenti…
MAHATMA PHULE AGRICULTURAL UNIVERSITY AND ORS.versusNASIK ZILLA SHETH KAMGAR UNION AND ORS.
2001 INSC 30624 July 2001
The case involved daily‑wage labourers employed by several Maharashtra agricultural universities who claimed permanency, wage scales, and other benefits. An industrial tribunal awarded increased daily wages and certain benefits but denied permanency; the award was not challenged. The universities, citing lack of sancti…
CHRIST THE KING CATHEDRALversusJOHN ANCHERIL AND ANR.
2001 INSC 30724 July 2001Appeal(s) allowed
The Kerala Government issued two notifications under Section 25 of the Kerala Buildings (Land and Rent Control) Act, 1965 exempting buildings belonging to churches, mosques, dioceses, monasteries, convents, wakfs and madrasas from the Act's rent‑control and eviction provisions. The Kerala High Court set aside the notif…
STATE OF ORISSAversusKISHORE CHANDRA SAMAL AND OTHERS
1999 INSC 13324 March 1999Appeal(s) allowed
The State of Orissa issued a notification on 31 August 1976 grouping various municipal posts into a single cadre under Section 81 of the Orissa Municipal Act, 1950 and Rule 3(2) of the Service Rules, resulting in transfers of the respondents between octroi and general sections. The respondents challenged the notificati…
MASUMSHA HASANASHA MUSALMANversusSTATE OF MAHARASHTRA
2000 INSC 9924 February 2000Appeal(s) allowed
The appellant was accused of stabbing the deceased, a Scheduled Caste member, with a dagger, resulting in death. The trial court convicted him of culpable homicide not amounting to murder under Section 304 Part II IPC and under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. The High Court overturned the 3…
KALLIKATT KUNHUversusSTATE OF KERALA
2000 INSC 10024 February 2000Appeal(s) allowed
The appellant was convicted of murder under Section 302 IPC for stabbing the deceased with a dagger. The prosecution's case relied on eyewitness testimony that the appellant drew a dagger and inflicted fatal injuries, while the defence argued that the dagger was found enclosed in a sheath and bore no bloodstains, makin…
K.C.G. VERGHESEversusK.T. RAJENDRAN AND ANR.
2003 INSC 3124 January 2003Dismissed
The Supreme Court considered a contempt petition filed by a landlord after the tenant, K.T. Rajendran, had been ordered by the Rent Controller to vacate a tenanted premises. Rajendran filed an undertaking to hand over the premises by 31 July 2000, but later informed the landlord that he had vacated only the portion he …
MS. NEELU ARORA AND ANR.versusUNION OF INDIA AND ORS.
2002 INSC 4524 January 2002Dismissed
The petitioners, Ms. Neelu Arora and others, sought a third round of counselling for MBBS/BDS seats under the 15% All‑India quota, arguing that many seats remained vacant after the first two rounds and that candidates might vacate allotted seats for preferred state‑quota seats. The respondents, Union of India and other…
U.P. POLLUTION CONTROL BOARD AND ORS.versusKANORIA INDUSTRIAL LTD. AND ANR.
2001 INSC 4624 January 2001Dismissed
The respondents, owners of sugar and distillery units, were levied water cess under the Water (Prevention and Control of Pollution) Cess Act, 1977 and paid it under protest. After the Supreme Court in Saraswati Sugar Mills v. Haryana State Board held that sugar industries were not covered by Entry 15 of Schedule I, the…
CHRISTIAN MEDICAL COLLEGEversusEMPLOYEES STATE INSURANCE CORPORATION
2000 INSC 53923 November 2000Dismissed
The Christian Medical College, a hospital, operates an Equipment Maintenance Department with 45 workers that repairs and maintains medical equipment. The Employees' State Insurance Corporation (ESIC) issued a notice that the department fell within Section 2(12) of the Employees' State Insurance Act, 1948 (ESI Act) and …
INDIAN RLY. CLASS II OFFICERS FEDN. AND ANR.versusANIL KUMAR SANG HI AND ORS.
2002 INSC 40323 September 2002Dismissed
The Ministry of Railways created 76 additional Group A junior posts to absorb stagnating Group B (Class II) officers and appointed 127 such officers, invoking Rule 4(b) of the recruitment rules which allows the promotion quota to be varied. Group A officers challenged the appointments, arguing that the 40% ceiling for …
T.K. REDDYversusSTATE OF A.P. AND ORS.
2002 INSC 34623 August 2002Appeal(s) allowed
The appellant, T.K. Reddy, was convicted of murdering his wife Ramulamma by allegedly setting her on fire, based primarily on a dying declaration recorded by a magistrate (Exhibit P‑2) that accused him of the act. A second dying declaration recorded by police (Exhibit P‑5) claimed the wife had set herself on fire due t…
OIL AND NATURAL GAS COMMISSIONversusM/S M.C. CLELLAND ENGINEERS S.A.
1999 INSC 20023 April 1999Dismissed
The Oil and Natural Gas Commission (ONGC) appealed a decree based on an arbitral award that required M.C. Clelland Engineers to pay the principal amount plus interest at 12% and an additional interest on that interest. The appellant argued that the arbitrators had no power to award interest on interest under Section 3 …
GAON SABHA AND ANR.versusNATHI AND ORS.
2004 INSC 19723 March 2004Appeal(s) allowed
The Supreme Court examined a dispute over compensation for land acquired under the Land Acquisition Act, where the land was recorded as Gair Mumkin Pahar. The appellants, Gaon Sabha, argued that the land vested in the Gaon Sabha under the Delhi Land Reforms Act and that the private respondents were not Bhumidhar or Asa…
BAJARANGLAL SHIVCHANDRAI RUIAversusSHASHIKANT N. RUIA AND ORS.
2004 INSC 19823 March 2004Appeal(s) allowed
The Supreme Court allowed the appeal of Bajranglal (appellant) against a Bombay High Court Division Bench judgment that had set aside a Single Judge’s finding that the plaintiff’s title to a property was void. The appellant argued that the Division Bench erred in holding that the auction sale conducted by the Bombay Mu…
KIRAN TANDONversusALLAHABAD DEVELOPMENT AUTHORITY AND ANR.
2004 INSC 19923 March 2004
The Allahabad Development Authority acquired land that had been leased by the State Government to Ravindra Kumar Tandon (later Kiran Tandon). The lease expired on 8 June 1987, but the Authority took possession on 16 June 1987. The claimant sought full compensation, while the Authority and the State argued that the leas…
STATE OF ORISSAversusSUDHAKAR DAS (DEAD) BY LRS.
2000 INSC 9423 February 2000Disposed off
The State of Orissa appealed a decree based on an arbitration award made against the estate of the late Sudhakar Das. The arbitration agreement lacked an escalation clause, and the arbitrator had awarded escalation charges, pendente‑lite interest, and interest for the pre‑reference period. The Supreme Court held that, …
BHAGWAN SINGH AND ORS.versusSTATE OF M.P.
2003 INSC 2823 January 2003Appeal(s) allowed
The Supreme Court examined the conviction of Bhagwan Singh and two co‑accused for murder and related offences under the IPC and the Madhya Pradesh Dacoity Vihavaran Kshetra Act. The conviction was based primarily on the testimony of a six‑year‑old child eye‑witness and a judicial confession recorded under Section 164 C…
A.I. RAILWAY PARCEL & GOODS PORTERS UNIONversusUNION OF INDIA AND ORS.
2003 INSC 41222 August 2003Disposed off
The All India Railway Parcel & Goods Porters Union sought the regularisation of parcel porters employed on a contract basis, arguing that the work is permanent and perennial and that earlier Supreme Court directions required their absorption as permanent employees. The Railway Administration contended that the work is …
BHARAT BHAWAN TRUSTversusBHARAT BHAWAN ARTISTS ASSOCIATION AND ANR.
2001 INSC 38722 August 2001Appeal(s) allowed
The Bharat Bhawan Trust, a statutory body created to promote art and culture, engaged a group of artists for drama production and theatre management. The artists later raised a dispute before the Labour Court, to which the Trust objected on the preliminary ground that it was not an "industry" and the artists were not "…
DURGADAS PURKYASTHAversusUNION OF INDIA AND ORS.
2002 INSC 30722 July 2002Dismissed
The petitioner, a former District and Sessions Judge appointed as a Judicial Member of the Central Administrative Tribunal, challenged the validity of Section 8 of the Administrative Tribunals Act, 1985, arguing that a five‑year term with re‑appointment limited the superannuation age to 62 years and was contrary to the…
UNION OF INDIA AND ORS.versusAPAR PRIVATE LTD. AND ORS.
1999 INSC 28422 July 1999Appeal(s) allowed
The respondents imported goods that were exempt from basic customs duty under a notification issued under Section 25(1) of the Customs Act when the goods entered Indian territorial waters and were stored in a bonded warehouse. When the goods were later removed from the warehouse, the exemption was withdrawn and the res…
CLARENCE PAIS AND ORSversusUNION OF INDIA
2001 INSC 11022 February 2001Dismissed
The petitioners, Indian Christians, challenged the constitutionality of Section 213(2) of the Indian Succession Act, 1925, as amended by the Kerala Amendment Act, 1986, arguing that the compulsory probate requirement applied only to Christians and was discriminatory. Two writ petitions (C No. 137 of 1997 and C No. 674 …
THE DIVISIONAL MANAGER, APSRTC AND ORS.versusP. LAKSHMOJI RAO AND ORS.
2004 INSC 5022 January 2004Disposed off
The Andhra Pradesh State Road Transport Corporation (APSRTC) recruited conductors on a daily‑wage basis and later regularized them, counting seniority from the date of regularization. The conductors filed writ petitions under Article 226 seeking to have their regular appointment deemed effective from the date of their …
M/S. SCOOTERS INDIA LTD.versusM. MOHAMMAD Y AQUB AND ANR.
2000 INSC 53521 November 2000Dismissed
M. Mohammad Yaqub, employed by Scooters India Ltd., was removed from the company's rolls on 1 August 1976 under Standing Order 9.3.12, which deemed a worker absent for more than ten consecutive days as having left the service. He raised an industrial dispute; the Labour Court held that his removal amounted to retrenchm…
GENERAL INSURANCE CORPORATION OF INDIAversusCOMMISSIONER OF INCOME TAX BOMBAY
1999 INSC 43321 September 1999Appeal(s) allowed
The General Insurance Corporation of India, a wholly government‑owned insurer, set aside a sum for redemption of preference shares and debited it to its profit and loss account in accordance with Rule 2(2)(a) of the General Insurance Business (Nationalisation) Rules, 1973. The Income‑Tax Officer treated the amount as r…
COMMISSIONER OF CENTRAL EXCISE, MEERUTversusM/S. KISAN SAHKARI CHINNI MILLS LTD.
2001 INSC 38421 August 2001Dismissed
The Uttar Pradesh government imposed administrative charges on molasses sold by sugar factories under Section 8(4) of the Uttar Pradesh Sheera Niyantran Adhiniyam, 1964. The Commissioner of Central Excise held that these charges should be included in the assessable value of molasses under the Central Excise Act, 1944, …
JAIN BROTHERS AND ANR.versusUNION OF INDIA AND ORS.
1999 INSC 28321 July 1999Dismissed
The petitioners, Jain Brothers, who import automobile spare parts, challenged Section 3(2) of the Customs Tariff Act, 1975, on the ground that including customs duty in the valuation of imported goods for the purpose of levying an additional duty equal to excise duty was unconstitutional and ultra vires. The Supreme Co…
EX. CAPT. R.S. DHULLversusSTATE OF HARYANA AND ORS.
1998 INSC 19321 April 1998Disposed off
The appellant, ex‑Captain R.S. Dhull, a former serviceman appointed as Tehsildar, had adverse remarks recorded in his Annual Confidential Reports which were expunged by the Punjab & Haryana High Court in 1990, leading to his promotion to District Revenue Officer. The Supreme Court, on a special leave petition, directed…
RAJA RAM MAIZE PRODUCTSversusINDUSTRIAL COURT OF M.P. AND ORS.
2001 INSC 15921 March 2001Dismissed
The employer (Raja Ram Maize Products) directed workmen to resume duties after a strike, but refused to let them work. The workmen filed applications under the Madhya Pradesh Industrial Relations Act seeking a direction to be allowed to resume work and claim wages. The employer contended that the cause of action arose …
WORKMEN REPRESENTED BY AKHIL BHARTIYA KOYLA KAMGAR UNIONversusEMPLOYERS IN RELATION TO THE MANAGEMENT OF INDUSTRY COLLIERY OF M/S BHARAT COKING COAL LTD AND ORS
2001 INSC 16021 March 2001Appeal(s) allowed
The workmen of a coking coal colliery were retrenched in June 1971 before the mine was taken over by the Central Government and nationalised under the Coking Coal Mines (Nationalisation) Act, 1972. After nationalisation, the new management, Bharat Coking Coal Ltd., refused to re‑employ the 111 retrenched workers. The I…
K.D. INDUSTRIESversusBIHAR STATE ELECTRICITY BOARD AND ORS.
2001 INSC 16121 March 2001Appeal(s) allowed
The Bihar Government’s 1995 Industrial Policy, under Section 78‑A of the Electricity Supply Act, 1948, granted exemption from minimum guarantee charges to new industrial units with a connected load up to 500 kVA. The Bihar State Electricity Board (BSEB) issued a resolution to implement this exemption but later refused …
BHARAT COKING COAL LTD.versusM/S I.K. AHUJA AND CO.
2001 INSC 10221 February 2001Disposed off
Bharat Coking Coal Ltd. awarded two construction contracts to L.K. Ahuja & Co. which later led to disputes and were referred to a sole arbitrator, M.P. Sharma, a former officer of the employer. The arbitrator issued hybrid awards that largely relied on joint statements but decided only the material‑escalation claim, le…
CIPLA LTD.versusMAHARASHTRA GENERAL KAMGAR UNION AND ORS.
2001 INSC 10021 February 2001
Cipla Ltd employed cleaning staff through a contractor and routinely terminated them after eleven months to avoid granting permanent status. The Maharashtra General Kamgar Union filed a complaint under Section 28 of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, alleging unfair…
UP STATE ELECTRICITY BOARDversusSEARSOLE CHEMICALS LTD.
2001 INSC 10321 February 2001Dismissed
The Uttar Pradesh State Electricity Board entered into a contract with Searsole Chemicals Ltd for continuous 24‑hour electricity supply, with a proviso exempting the Board from liability for interruptions caused by accidents, government orders, strikes, etc. A dispute arose and, under the contract’s arbitration clause,…
BUDDHI NATH CHAUDHARY AND ORS.versusABAHI KUMAR AND ORS.
2001 INSC 10421 February 2001Appeal(s) allowed
The appellants were selected by the Bihar Public Service Commission as Motor Vehicle Inspectors under recruitment rules that required specific technical qualifications and years of practical experience. Several writ petitions challenged their appointments on the ground that the candidates lacked the requisite experienc…
STATE OF KARNATAKAversusPANCHAKSHARI GURUPADAYYA HIRAMATH
2002 INSC 57820 December 2002Appeal(s) allowed
The State of Karnataka charged Panchakshari Gurupada Yya Hiramath under Section 302 IPC for the murder of DSP Shankaraiah Hiremath, alleging a fatal attack with a sickle following a land dispute. The prosecution’s case rested primarily on the eye‑witness testimony of PW3, who saw the accused assault the victim, and on …
DILA AND ANR.versusSTATE OF UP
2002 INSC 40120 September 2002Dismissed
The case arose from a land dispute in which Dila (appellant No.1) and his son Telu (appellant No.2) allegedly attacked Om Pal, who had purchased the contested land, and Telu shot Om Pal, causing his death. The trial court acquitted all accused, but the Allahabad High Court reversed the acquittal of Dila and Telu, convi…
RAM KUMAR AGGARWAL AND ANR.versusTHAWAR DAS (DEAD) THROUGH LRS.
1999 INSC 34620 August 1999Appeal(s) allowed
The Supreme Court examined two civil appeals arising from a dispute over a 1956 agreement to sell land and rent it, where the plaintiff sought specific performance. The High Court had set aside the trial and district court judgments, dismissed the plaintiff's suit for ejectment and decreed specific performance, relying…
M?S HINDUSTAN SHIPYARD LTD.versusSTATE OF ANDHRA PRADESH
2000 INSC 34220 July 2000Dismissed
Hindustan Shipyard Ltd., a public sector shipbuilder, challenged the assessment of sales tax on contracts for building ships, arguing that the contracts were works contracts under Section 2(t) of the Andhra Pradesh General Sales Tax Act, 1957. The State of Andhra Pradesh contended that the contracts were sales of goods…
INDIAN LABOUR CO-OPERATIVE SOCIETY LTD. AND ANRversusUNION OF INDIA AND ORS.
1999 INSC 28120 July 1999Disposed off
The Supreme Court examined whether the Central Government could, under Section 99(2) of the Multi State Co-operative Societies Act, 1984, grant an exemption to an individual – the President of the National Cooperative Union of India (NCUI) – from the personal disqualifications imposed by Sections 36 and 37 of the Act. …
SHRI JUSTICE S.K. RAYversusSTATE OF ORISSA AND ORS.
2003 INSC 2220 January 2003Appeal(s) allowed
Justice S.K. Ray, a former Chief Justice of the Orissa High Court, was appointed Lokpal under the Orissa Lokpal and Lokayukta Act, 1970 for a five‑year term. The Act was repealed by the Orissa Lokpal and Lokayukta (Repeal) Ordinance, 1992 (later replaced by the 1995 Act), causing him to cease office before the term exp…
DARPAN KUMAR SHARMA @ DHARBAN KUMAR SHARMAversusSTATE OF TAMIL NADU AND ORS.
[2003] 1 S.C.R. 44220 January 2003Case Allowed
The petitioner, an under‑trial prisoner for theft and robbery, was detained under Section 3 of the Tamil Nadu Prevention of Dangerous Activities Act, 1982 on the ground that he had pelted stones at the public while committing a robbery, allegedly creating alarm and threatening public order. He challenged the detention …
TAMIL NADU NEWSPRINT AND PAPERS LTD.versusTHE APPRAISER APPRAISING, DEPARTMENT,CUSTOMS HOUSE AND ORS.
2000 INSC 2520 January 2000Dismissed
Tamil Nadu Newsprint and Papers Ltd. imported machinery under a specific contract registered with customs under tariff heading 84.66 and had already received concessions on basic and additional customs duties under Notification 268/76. The company later claimed a total exemption from auxiliary duty under Notification 6…
RADHA RAMAN SAMANTAversusBANK OF INDIA AND ORS.
2003 INSC 74219 December 2003Appeal(s) allowed
R.R. Samanta was appointed as a Badli Subordinate Staff/Sepoy in the Bank of India and worked for about 492 days before being asked to stop. He filed a writ petition under Article 226 of the Constitution seeking direction for his absorption as a regular employee. The High Court Single Judge allowed the petition, but th…
ASHEESH PRATAP SINGH AND ORS.versusM. SACHDEVAND ORS.
2002 INSC 56319 December 2002Directions issued
Thirty-two students who had qualified the CPMT in 1998 were admitted to Azamgarh Medical College, completed the first professional MBBS examination, and then discovered that the college was closed due to infrastructure deficiencies. The Supreme Court had earlier directed the Medical Council of India (MCI) and the Direc…
STATE BANK OF INDIAversusTARUN KUMAR BANERJEE AND ORS.
2000 INSC 45119 September 2000Appeal(s) allowed
The appellant State Bank of India dismissed its Head Cashier, T. Arun Kumar Banerjee, after a domestic enquiry found him guilty of misappropriating Rs.1,000 received in excess from a customer. The Central Industrial Tribunal set aside the dismissal, relying on the non‑examination of the customer, non‑production of the …
STATE BANK OF INDIAversusL. KANNAIAH AND ORS.
2003 INSC 40619 August 2003Case Partly allowed
Several former army sepoys who joined the State Bank of India (SBI) as security guards sought admission to the SBI Employees' Pension Fund. Their applications were rejected on the grounds that they were over 35 years of age on the cut‑off date of 1 January 1965 (later raised to 38) and, for some, that their total servi…
LUDHIANA CENTRAL CO-OPERATIVE BANK LTD.versusAMRIK SINGH AND ORS.
2003 INSC 40719 August 2003Appeal(s) allowed
The Ludhiana Central Co‑operative Bank invited applications for junior clerk/typist posts and, after conducting tests, prepared a merit list. The Registrar of Co‑operative Societies ordered a freeze on all appointments due to state elections, and the new government later banned all recruitments. Despite these directive…
S.R. RAMARAJversusSPECIAL COURT, BOMBAY
2003 INSC 40119 August 2003Appeal(s) allowed
Standard Chartered Bank sued Canbank Mutual Fund (CMF) for a refund of securities transactions. CMF's written statement, verified by its employee S.R. RamaraJ, claimed the transactions were squared off, a position later contested by the Special Court which held RamaraJ in contempt for allegedly making a false defence a…
M/S. BHILAI REROLLERS ETC. ETC.versusMADHYA PRADESH ELECTRICITY BOARD AND ORS.
2003 INSC 40819 August 2003Dismissed
The appellants, steel re‑rolling mills, had a low‑tension electricity supply contract for a 150 HP load. The Board installed a Maximum Demand Indicator (MDI) meter to record the highest 30‑minute demand and, based on its readings, raised additional charges for excess load at double the normal tariff. The appellants cha…
KERALA STATE ELECTRICITY BOARD AND ANR.versusKURIEN E. KALATHIL AND ORS.
2000 INSC 34119 July 2000Case Partly allowed
The Kerala State Electricity Board entered into a contract with contractor Kurien E. Kalathil for dam construction. After a 1983 government notification raised minimum wages, the Board paid labour‑escalation amounts to the contractor until December 1984, but stopped payments from January 1985, claiming the notification…
GANGANAGAR ZILA DUGDH UTPADAK SAHKARI SANGH LTD. AND ANR.versusPRIYANKA JOSHI AND ANR.
1999 INSC 28019 July 1999Appeal(s) allowed
The respondent was appointed as Assistant Manager on a one‑year probation and, after being granted leave, failed to report for duty despite notices. The employer issued a one‑sentence order dated 30 November 1994 terminating her services, using the term 'Barkhast' (dismissed). The respondent challenged the termination,…
DELHI DEVELOPMENT AUTHORITY AND ANR.versusM/S. UEE ELECTRICAL ENGG. (P) LTD. AND ANR.
2004 INSC 19119 March 2004Appeal(s) allowed
The Delhi Development Authority (DDA) invited tenders for a water‑pumping project. Mis UEE Electrical Engineering (P) Ltd., a successful bidder, had its director assault a DDA employee, leading the DDA to issue a show‑cause notice, blacklist the company for five years and award the contract to another firm. The Delhi H…
THE CHIEF COMMISSIONER OF INCOME TAX, COCHINversusMIS. KESARIA TEA CO. LTD.
2002 INSC 15019 March 2002Dismissed
The case concerned Kesaria Tea Co. Ltd., which had earlier claimed a deduction for a provision made towards purchase tax liability for the years 1978‑81. In the assessment year 1985‑86 the company wrote back the provision, believing that the liability had ceased following the rejection of a special leave petition in th…
G. CHRISTHUDAS AND ANR.versusANBIAH (DEAD) AND ORS.
2003 INSC 11019 February 2003Appeal(s) allowed
A suit filed in 1960 for declaration of church properties was dismissed, and plaintiffs 1, 3 and 5 appealed while plaintiff 4 did not join. During the pendency of the appeal all appellants died. The legal heirs of appellant 4 applied to be impleaded as representatives and to set aside the abatement, but the High Court …
MANMOHAN GARGversusM/S RADHA KRISHNA NARAYAN DAS THROUGH ITS PARTNERS
1998 INSC 10219 February 1998Dismissed
The respondent owned the registered trade mark “Khargosh Chhap” (Reg. No. 112689) for bidis, registered in 1945. The appellant sold bidis under the label “Goat Cub”, which the respondent alleged was deceptively similar and amounted to passing off. The trial court dismissed the suit, but the High Court Single Judge and …
UPDESH KUMARversusPRITHVI SINGH AND ORS.
2001 INSC 3619 January 2001Dismissed
The Indian Oil Corporation (IOC) invited applications for retail outlet dealerships, requiring applicants to be between 21 and 50 years old. Prithvi Singh was selected, but a rival candidate alleged he was under 21, leading to cancellation of his letter of intent. Singh produced a birth certificate issued by the Deputy…
UNION OF INDIA AND ORS.versusC. KRISHNA REDDY
2003 INSC 73618 December 2003Case Partly allowed
The Union of India appealed against a Madras High Court order directing payment of a reward to informant C. Krishna Reddy for information that led to customs duty evasion proceedings. The respondent claimed a reward of Rs.1,71,43,272, while the department had sanctioned only Rs.10 lakh. The Supreme Court examined wheth…
THE HIGH COURT EMPLOYEES WELFARE ASSOCIATION, CALCUTTA AND ORS.versusSTATE OF WEST BENGAL AND ORS.
2003 INSC 63918 November 2003
The High Court Employees Welfare Association and others filed a writ petition under Article 32 challenging the Governor of West Bengal's refusal to approve the draft Calcutta High Court Service Rules, 1998 under Article 229(2) of the Constitution. The draft rules, prepared by a five‑judge committee after earlier consul…
AVTAR SINGH AND ORSversusSTATE OF PUNJAB
2002 INSC 39618 September 2002Appeal(s) allowed
The appellants were apprehended in a truck carrying 640 kg of poppy husk at an odd hour; two were sitting on the bags and one was driving. They were convicted under Section 15 of the NDPS Act on the basis of presumptions of possession under Sections 54 and 35 of the Act, without any direct evidence of custody or contro…
VERIGAMTO NAVEENversusGOVERNMENT OF ANDHRA PRADESH AND ORS.
2001 INSC 44718 September 2001Case Partly allowed
The State of Andhra Pradesh had granted mining leases to its corporation and, with its permission, sub‑leases to private parties. The State later withdrew permission for the sub‑leases, leading the sub‑lessees to file writ petitions alleging illegal cancellation and seeking compensation. The High Court held the sub‑lea…
GOVERNMENT OF ANDHRA PRADESH AND ORS.versusV.S.R. MURTHY AND ORS.
2001 INSC 44818 September 2001Dismissed
During BIFR proceedings, the Andhra Pradesh Government placed 1,486 surplus employees of Hyderabad Allwyn Ltd. in various government departments and super‑numerary posts, a scheme later sanctioned by BIFR in 1994. Subsequently, the State enacted an ordinance and the 1997 Andhra Pradesh Absorption Act prohibiting the ab…
V.H. PATEL AND COMPANY AND ORS.versusHIRUBHAI HIMABHAI PATEL AND ORS.
2000 INSC 22218 April 2000Dismissed
The partnership firm V.H. Patel & Co. and its members sued former partner H.H. Patel for declaration that a retirement deed was void and for injunction against his use of three trademarks. The parties entered a consent order referring all disputes arising from the partnership agreement, retirement deed, trademark use a…
MAAN SINGHversusUNION OF INDIA AND ORS.
2003 INSC 9818 February 2003Disposed off
Maan Singh, a constable of the Delhi Police, was dismissed for habitual unauthorized absence from duty. He challenged the dismissal on the ground that the period of absence had been later treated as leave without pay and that the dismissal order was not passed by a competent authority. The Supreme Court examined the co…
SHRI KRISHNA GYANODAY SUGAR LTD. AND ANR.versusSTATE OF BIHAR
2003 INSC 10018 February 2003Disposed off
The Supreme Court examined the Bihar Sugar Undertakings (Acquisition) Act, 1985, which sought to acquire certain sugar mills and associated distilleries. Petitioners challenged the Act on the ground that it was beyond the State's legislative competence, overlapped with the central Sugar Undertaking (Taking over of Mana…
NATIONAL TEXTILE CORPORATION (APKKM) LIMITEDversusSREE YELLAMMA COTTON, WOOLLEN AND SILK, MILLS STAFF ASSOCIATION AND ORS
2001 INSC 3418 January 2001Dismissed
The National Textile Corporation (APKKM) Ltd. entered into a five‑year settlement with its ministerial staff that barred any claim for revision of terms, while a separate settlement with workmen introduced a seven‑day work week and higher emoluments. The ministerial staff later raised an industrial dispute seeking a ch…
MOHD. ABUBAKKAR SIDDIQUEversusMUSTAFA SHAHIDUL ISLAM AND ORS.
2000 INSC 2218 January 2000Appeal(s) allowed
Mohammed Idris Ali filed an election petition challenging the 1996 election of Mustafa Shahidul Islam to the Assam Legislative Assembly. He later applied to withdraw the petition under Section 109 of the Representation of the People Act, 1951, and the withdrawal notice was published in the Official Gazette on 20 Septem…
ASHOK KUMARversusSTATE OF HARYANA
2002 INSC 54917 December 2002Appeal(s) allowed
The appellant Ashok Kumar was convicted under Section 376(2)(g) IPC for rape, based on the allegation that he facilitated the rape committed by the deceased Anil Kumar. The prosecution's case relied on the testimony of the victim's brother, who claimed the victim had told him that both men had raped her, and on the app…
PEOPLE'S UNION FOR CIVIL LIBERTIES AND ANR.versusUNION OF INDIA
2003 INSC 72116 December 2003Dismissed
The Supreme Court examined a batch of writ petitions challenging the constitutional validity of the Prevention of Terrorist Act, 2002 (POTA). The petitioners argued that Parliament lacked legislative competence and that several provisions violated fundamental rights, including the right to privacy, freedom of speech, a…
S. DEVASAHAYAM AND ANR.versusJOINT DIRECTOR AND ANR.
2003 INSC 72416 December 2003Dismissed
The appellant, S. Dev Asahayam, was appointed as Head Master of a recognized aided school in Tamil Nadu, but the appointment was set aside by the Appellate Authority on the ground that he did not belong to the feeder category prescribed for the post. The appellant challenged the order through a writ petition and subseq…
BALESHWAR PASWAN AND ORS.versusSTATE OF BIHAR AND ORS.
2003 INSC 72516 December 2003Dismissed
The appellants were appointed as Assistants in the Bihar government through a test conducted by the Office of the Advocate General, while other Assistants were recruited via a general competitive examination. When the two cadres were merged, the government decided that those recruited through the competitive exam would…
VITHAL Y. GALTONDEversusUNION OF INDIA AND ANR.
2003 INSC 72616 December 2003Dismissed
Vithal Y. Gaitonde was appointed as a temporary operator in the Goa Post & Telegraph Services on 11 June 1962 under the Goa, Daman & Diu (Repeal of Posts and Telegraphs Law) Regulation, 1962, after Goa's liberation from Portuguese rule. He retired on 31 January 1994 and claimed that, because his appointment was governe…
SURESHCHANDRA SINGH AND ORS.versusFERTILIZER CORPN. OF INDIA LTD. AND ORS.
2003 INSC 56016 October 2003Dismissed
The Government of India, following the Fifth Central Pay Commission, issued an Office Memorandum (OM) on 13 May 1998 to raise the retirement age of Central Government employees from 58 to 60 years, stipulating that it would take effect only after amendment of the relevant rules. The Ministry of Industry issued a second…
CENTRE FOR PUBLIC INTEREST LITIGATIONversusUNION OF INDIA AND ANR.
2003 INSC 48216 September 2003Appeal(s) allowed
The Centre for Public Interest Litigation challenged the Government of India's decision to sell majority shares of Hindustan Petroleum Corporation Ltd (HPCL) and Bharat Petroleum Corporation Ltd (BPCL) to private parties without amending the ESSO (Acquisition of Undertaking in India) Act, 1974, the Burma Shell Act, 197…
THE ASSISTANT COMMISSIONER, ASSESSMENT-II, BANGALORE AND ORS.versusM/S. VELLIAPPA TEXTILES LTD. AND ORS.
2003 INSC 47916 September 2003Dismissed
The Commissioner of Income Tax sanctioned prosecution of Mis. Velliappa Textiles Ltd., a company, and its managing director under Sections 276C, 277 and 278B of the Income Tax Act for alleged false claims of depreciation. The company challenged the sanction on the ground that no opportunity of hearing was given, violat…
MR. FAZALUR REHMAN AND ORS.versusTHE STATE OF U.P. AND ORS.
1999 INSC 41116 September 1999Disposed off
Petitioners filed a writ petition under Article 32 challenging the Uttar Pradesh Government's failure to act on the Parekh Commission Report on the 1982 Meerut riots, which had been submitted in 1988. The State Cabinet eventually decided to table the report, not take any further action, and consign it to records, citin…
KERALA STATE ELECTRICITY BOARD AND ANR.versusVALSALA K. AND ANR. ETC. ETC.
1999 INSC 41216 September 1999Dismissed
The Supreme Court considered whether the 1995 amendment to Sections 4 and 4A of the Workmen's Compensation Act, 1923, which increased compensation amounts and interest rates, applied to claims arising from accidents that occurred before the amendment’s effective date of 15 September 1995. Relying on the earlier decisio…
PADMASINGHJI BAJIRAO PATIL AND ORS. ETC. ETC.versusSTATE OF MAHARASHTRA AND ORS.
1999 INSC 41316 September 1999Dismissed
Padmasinhji Bajirao Patil and others challenged the constitutional validity of Section 144‑T of the Maharashtra Co‑operative Societies Act, 1960, which makes the order of the Commissioner or a specified officer in election disputes final and conclusive with no provision for appeal or revision. The petitioners argued th…
RENU BISOI AND ORS.versusGOUR CHANDRA PRADHAN AND ORS.
1999 INSC 27816 July 1999Appeal(s) allowed
The case concerned members elected to the Orissa Zilla Parishad who had not taken the oath of allegiance required under Section 36 of the Orissa Zilla Parishad Act, 1991. The statute mandates that the oath be taken within three months of election or at any one of the first three meetings of the Parishad, whichever is l…
B.S. ADITYAN AND ORS.versusB. RAMACHANDRAN ADITYAN AND ORS.
2004 INSC 27416 April 2004Dismissed
The respondents sought leave under Section 92 of the CPC to file a suit for removal of trustees and framing of a scheme, which the High Court initially denied but later granted on appeal. The Supreme Court examined whether a court must give notice to the proposed defendants before granting such leave and held that noti…
KARNATAKA BOARD OF WAKFversusGOVERNMENT OF INDIA AND ORS.
2004 INSC 27616 April 2004Dismissed
The Karnataka Board of Wakf claimed ownership of three properties in Bijapur, asserting that a 1976 notification and Gazette declared them Wakf under the Wakf Act, 1954, and that the Government of India’s claim of title by adverse possession was untenable. The Government countered that the properties had been acquired …
VISHWANATH JHUNJHUNWALAversusSTATE OF UTTAR PRADESH AND ANR.
2004 INSC 27916 April 2004Appeal(s) allowed
The appellant, a partnership firm engaged in oil refining on its own account and on a job‑work basis, sought to import coal from outside Uttar Pradesh using Form‑31, which is required for imports "in connection with business" under the U.P. Sales Tax Act, 1948. The Assistant Commissioner issued a show‑cause notice alle…
PUKHRAJ D. JAIN AND ORS.versusG. GOPALAKRISHNA
2004 INSC 28116 April 2004Appeal(s) allowed
The original owners of a residential building executed an agreement to sell the property to Dr. Gopalakrishna in 1974 and received an advance, but Gopalakrishna later rescinded the contract and sued for recovery of the advance. He subsequently sought to amend his suit for specific performance, which the trial court rej…
M/S HANIL ERA TEXTILES LTD.versusM/S. PUROMATIC FILTERS (P) LTD.
2004 INSC 28216 April 2004Appeal(s) allowed
Hanil Era Textiles Ltd placed a purchase order in Mumbai for filters, paying an advance there, and the order was accepted by the seller's Mumbai branch. The goods were later dispatched from the seller's Delhi factory to the buyer in Delhi, and the buyer filed a suit in the Delhi court for recovery of dues. The seller i…
COMMISSIONER OF INCOME TAX, CHANDIGARHversusM/S. PEARL MECH. ENGG AND FOUNDRY WORKS (P) LTD.
2004 INSC 28316 April 2004Appeal(s) allowed
The Commissioner of Income Tax appealed against the order of the Income Tax Appellate Tribunal that set aside the acquisition of a plot by the competent authority, on the ground that notices under Section 269D(2) of the Income Tax Act, 1961 were served on the transferor and transferee before the notice under Section 26…
N.D.P. NAMBOODRIPADversusUNION OF INDIA AND ORS.
2004 INSC 28416 April 2004Case Partly allowed
N.D.P. Namboodripad, a retired High Court Judge of Kerala, challenged the method used by the Central and State Governments to calculate his pension, arguing that his last drawn emoluments should include dearness allowance and special allowances as per Rule 62 of the Kerala Service Rules. The High Court initially ordere…
GAYATRI DEversusMOUSUMI CO-OPERATIVE HOUSING SOCIETY LTD. AND ORS.
2004 INSC 27116 April 2004Appeal(s) allowed
The appellant, a daughter of a deceased member of Mousumi Co-operative Housing Society, sought transfer of a flat allotted to her father after his death intestate. The Society, under a Special Officer appointed by the High Court, declared the flat re‑allotted because the heirs had not claimed the interest within the st…
LALITA JALAN AND ANR.versusBOMBAY GAS CO. LTD. AND ORS.
2003 INSC 23316 April 2003Dismissed
Bombay Gas Co. leased a flat to its director N.K. Jalan, who later died. The company later purchased the flat, but Jalan’s son Ashok Kumar Jalan, his wife Lalita Jalan and grandson Siddharth Jalan continued to occupy it and refused to vacate. The company filed a criminal complaint under Section 630 of the Companies Act…
STATE BANK OF INDIA AND ANR.versusM.R. GANESH BABU AND ORS.
2002 INSC 20416 April 2002Appeal(s) allowed
The Supreme Court examined the claim of four specialist officers of the State Bank of India (SBI) that they were entitled to the higher starting salary (advance increments) granted to Probationary Officers, Trainee Officers and Rural Development Officers (RDOs) under the 1979 SBI Officers Order. The respondents argued …
STATE OF HIMACHAL PRADESH AND ANR.versusPADAM DEVI AND ORS.
2002 INSC 20816 April 2002Appeal(s) allowed
STATE OF TAMIL NADU AND ANR.versusS.V. BRATHEEP (MINOR) AND ORS.
2004 INSC 17116 March 2004
The State of Tamil Nadu issued government orders fixing higher minimum percentage marks for admission to engineering colleges than those prescribed by the AICTE. Several students challenged the orders, and the Madras High Court struck them down, holding they conflicted with AICTE norms. On appeal, the Supreme Court exa…
SEELAN RAJ AND ORS.versusTHE PRESIDING OFFICER 1ST ADDITIONAL LABOUR COURT, CHENNAI AND ORS.
2001 INSC 14916 March 2001Matter referred to larger bench
The Supreme Court examined an appeal arising from the closure of a data processing division of a computer services company. The central question was whether the activities of data processing and software preparation constitute a "manufacturing process" under Section 2(k) of the Factories Act, 1948, thereby rendering th…
S.S. AHLUWALIAversusUNION OF INDIA AND ORS.
2001 INSC 15016 March 2001Disposed off
Following the assassination of Prime Minister Indira Gandhi in 1984, communal riots resulted in the deaths of thousands of Sikhs across several states. The Delhi High Court awarded compensation to the dependents of those killed in Delhi, invoking the expanded interpretation of Article 21 of the Constitution. A writ pet…
A.I. DEMOCRATIC WOMEN ASSOCIATION AND ORS.versusUNION OF INDIA AND ANR
1998 INSC 13916 March 1998Disposed off
The A.I. Democratic Women Association and others filed a writ petition under Article 32 seeking a ban on the drug quinacrine, used for female sterilisation, by directing the Union of India and the Directorate General of Health Services to invoke Sections 10‑A and 26‑A of the Drugs and Cosmetics Act, 1945, and to issue …
ALPIC FINANCE LTD.versusP. SADASIVAN AND ANR.
2001 INSC 9416 February 2001Dismissed
Alpic Finance Ltd., a non‑banking financial company, financed Rs 92.5 million for the purchase of 100 dental chairs for a trust run by the respondents under a lease‑hire purchase agreement. The respondents defaulted on rental instalments and some chairs were found missing, prompting Alpic to file a private criminal com…
KARNATAKA POWER TRANSMISSION CORPORATION LTD. AND ANR.versusTHE AMALGAMATED ELEC. CO. LTD. AND ORS.
2000 INSC 60315 December 2000Dismissed
In 1971 a labour dispute arose at Amalgamated Electricity Co. Ltd., where some workers abstained from work and were denied re‑employment when the company resumed operations. After the Karnataka Electricity Undertaking (Acquisition) Act, 1974, the Karnataka Electricity Board (the appellant) took over the company's asset…
VENKATESH THIMMAIAH GURJALKARversusS.S. HAWALDAR
1997 INSC 69515 October 1997Appeal(s) allowed
The appellant continued to operate a hair‑cutting shop that had been let to his father in 1940, a non‑residential premises, after his father's death in 1974. The landlord filed a petition for eviction under Section 21 read with Section 51(2) of the Karnataka Rent Control Act, 1961, asserting that the appellant was not …
TAMIL NADU KALYANA MANDAPAM ASSN.versusUNION OF INDIA AND ORS.
2004 INSC 26915 April 2004Dismissed
The Tamil Nadu Kalyana Mandapam Association, representing mandap‑keepers who let out halls and provide catering, challenged the levy of service tax on their services under Sections 66 and 67 of the Finance Act, 1994 and Rule 2(1)(d)(ix) of the Service Tax Rules, arguing that the tax was in substance a tax on land (a St…
ZAHID HUSSEIN AND ORS.versusSTATE OF WEST BENGAL AND ANR.
2001 INSC 14715 March 2001Case Allowed
Four life convicts who had served more than 18 years (over 24 years including remission) filed writ petitions under Article 32 challenging the State Government's refusal to grant them premature release. The petitioners argued that, under Rule 591(29)(4) of the West Bengal Rules for Superintendence and Management of Jai…
COMMISSIONER OF TRADE TAX, U.P.versusM/S. UPPER DOAB SUGAR MILLS LTD.
2000 INSC 14615 March 2000Appeal(s) allowed
The Uttar Pradesh Sales Tax (Amendment) Act, 1995 amended sections 3‑A and 4 of the U.P. Sales Tax Act, 1948 to make the turnover of rectified and denatured spirit taxable. The Trade Tax Tribunal had earlier held such turnover non‑taxable for assessment years 1974‑75 to 1983‑84. The Revenue filed review applications un…
ZAFARversusSTATE OF U.P.
2003 INSC 1515 January 2003Appeal(s) allowed
The appellant was convicted of murder under Section 302 IPC based primarily on the testimony of a child witness who was seven years old at the time of the incident. Both the trial court and the Allahabad High Court held the child’s evidence to be clear and trustworthy and affirmed the conviction. On appeal, the Supreme…
STATE BANK OF INDIAversusRAM CHANDRA DUBEY AND ORS.
2000 INSC 52014 November 2000Appeal(s) allowed
The Central Government referred a dispute under Section 10 of the Industrial Disputes Act, 1947 to an Industrial Tribunal to determine whether the termination of 26 State Bank of India employees was justified and what relief they were entitled to. The Tribunal awarded reinstatement but was silent on back wages. The emp…
M/S. SUNIL INDUSTRIESversusRAM CHANDER PRADHAN AND ANR.
2000 INSC 52114 November 2000Dismissed
Sunil Industries, a sole‑proprietor workshop shaping steel sheets, employed Ram Chander Pradhan as a press operator. While operating a press, Pradhan suffered injuries to his right index finger and thumb, leading to amputation of part of the finger. He filed a claim under the Workmen's Compensation Act, 1923 and was aw…