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Supreme Court of India

U C BANERJEE

93 judgments delivered by benches including this judge.

MAHARASHTRA GIRNI KAMGAR UNIONversusS. BHATTACHARJI AND ORS.

1999 INSC 36631 August 1999Dismissed

The Maharashtra Girni Kamgar Union (appellant) sought cancellation of the registration of respondent No.4 union as a representative union under Section 15(b)(ii) of the Bombay Industrial Relations Act, 1946, alleging that its membership fell below the 25% statutory minimum for a continuous three‑month period. The dispu

BHAGAT RAM (DEAD)versusTEJA SINGH

1999 INSC 15031 March 1999Appeal(s) allowed

Kehar Singh's widow Kirpo inherited land in Pakistan and, after partition, was allotted suit land in India. Upon Kirpo's death, her daughters Santi and Indro possessed the land, which later fell under the Hindu Succession Act, 1956. After Santi's death, Indro obtained mutation of the entire land and sold it to the appe

COMMISSIONER OF CUSTOMS, NEW DELHIversusPARASRAMPURIA SYNTHETICS LTD.

2001 INSC 40930 August 2001Appeal(s) allowed

Parasrampuria Synthetic Ltd imported a large number of printed drawings, designs and plans under a foreign technology‑transfer agreement for setting up a polyester plant. The importer claimed that the items fell within Serial No. 10 of Customs Notification No. 25/95 (dated 16‑03‑1995), which provides a nil rate of duty

RAVINDER SINGH @ BITTUversusTHE STATE OF MAHARASHTRA

2002 INSC 24830 April 2002Dismissed

Ravinder Singh was convicted under the Terrorist and Disruptive Activities (Prevention) Act, 1987, the IPC, the Explosive Substances Act and the Arms Act for robbery, killing police officers and a train bomb blast that killed 12 and injured 65. The conviction rested on his voluntary confessional statement recorded unde

SECRETARY, HARYANA STATE ELECTRICITY BOARDversusSURESH AND ORS. ETC. ETC.

1999 INSC 13730 March 1999Dismissed

The Haryana State Electricity Board (the Board) awarded a cleaning contract to a contractor, Kashmir Singh, who supplied 42 safai karamcharis. After the workers completed more than 240 days of service, they claimed permanent absorption under Section 10 of the Contract Labour (Regulation & Abolition) Act, 1970. The Labo

BHARATBHAI BHAGWANJIBHAIversusSTATE OF GUJARAT

2002 INSC 44729 October 2002Dismissed

While on patrol at a bus stand in Upleta, police observed the accused flee upon seeing them, intercepted him, and searched him in the presence of two Panchas, discovering about 12 grams of charas. The accused was convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and the conviction was affirmed b

M/S. ESSEN DEINKIversusRAJIV KUMAR

2002 INSC 44829 October 2002Leave granted

The respondent, a helper employed from 1 July 1990 to 26 February 1991, was terminated for unsatisfactory work. Section 25F of the Industrial Disputes Act, 1947 protects a workman only if he has completed at least 240 days of service in the preceding 12 months. The Labour Court held that the workman had worked only 219

EPOCH ENTERREPOTSversusM.V. WON FU

2002 INSC 44929 October 2002Leave Granted & Dismissed

Epoch Enterprises entered into a charter agreement, evidenced by a fixture note, with the disponent owner of the vessel M.V. Won Fu to export feldspar. The vessel failed to load the cargo, prompting Epoch to sue in rem in the Admiralty jurisdiction of the Madras High Court for arrest of the ship and damages. The trial

MUNDRIKA MAHTO AND ORS.versusSTATE OF BIHAR

2002 INSC 24229 April 2002

The deceased Ramanand Mahto was attacked by a mob of 10‑15 persons who pulled him from his scooter, severed his head with sharp weapons and dragged his trunk to a pond. Police arrived within fifteen minutes and recorded statements of eye‑witnesses, including the nephew of the deceased, whose FIR named some but not all

ADDHAversusSTATE OF MADHYA PRADESH

2001 INSC 47128 September 2001Appeal(s) allowed

The appellant Addha was convicted of murder (Section 302 IPC) for allegedly striking the deceased Sher Singh with a lathi during a sudden quarrel between two groups. The prosecution's case relied on the testimony of PW‑1, who did not specifically state that Addha caused the fatal head injury, only that he struck the ri

RAMBHAU AND ANR.versusSTATE OF MAHARASHTRA

2001 INSC 23126 April 2001Dismissed

The appellant, a Sub‑Inspector of Police, and a co‑accused were tried under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The trial court acquitted them, but the High Court reversed the acquittal and convicted them, citing that the demand for illegal gratification on 24 January 1989 had not bee

ARVIND SINGHversusSTATE OF BIHAR

2001 INSC 23226 April 2001Appeal(s) allowed

The case involved the death of Minta Devi, who was allegedly burnt to death by her husband Arvind Singh and his in‑laws. The trial court convicted all four accused under Sections 304B (dowry death) and 498A (cruelty) and sentenced them to life imprisonment; the High Court set aside the conviction of three relatives und

BABULALversusHABIBNOOR KHAN (DEAD) BY LRS. AND ORS.

2000 INSC 25826 April 2000Appeal(s) allowed

The case concerned a dwelling‑house owned by an undivided family in which one co‑owner sold his one‑third share to Babu Lal, a stranger to the family. Respondent No.1, the decree‑holder in a partition suit, sought a decree under Section 4 of the Partition Act, 1893, to buy out Babu Lal's share, even though Babu Lal had

MURRAY AND CO.versusASHOK KR. NEWATIA AND ANR.

2000 INSC 24325 April 2000Disposed off

The Supreme Court heard a contempt petition filed by Murray & Co. against Ashok K.R. Newatia and others after the respondents filed an affidavit in a transfer petition falsely claiming that the petitioner had not sold or dealt with the disputed immovable property, contrary to the facts. The Court examined whether such

GIRDHAR SHANKAR TAWADEversusSTATE OF MAHARASHTRA

2002 INSC 22324 April 2002Appeal(s) allowed

Girdhar Shankar Tawade was tried for abetment of suicide under IPC s.306 and cruelty to a woman under s.498‑A. The prosecution relied on contradictory oral testimony of the deceased's brother and cousin, three letters written by the deceased, and a dying declaration. The trial court and the High Court convicted him on

UNION OF INDIA AND ORS.versusL.D. BALAM SINGH

2002 INSC 22424 April 2002Dismissed

The case concerned L.D. Balam Singh, an Indian Army officer, who was tried by a General Court Martial under Section 69 of the Army Act for an offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The High Court had set aside his conviction on the ground that the search and se

SHASHIKANT SINGHversusTARKESHWAR SINGH AND ORS.

2002 INSC 22524 April 2002Appeal(s) allowed

Shashikant Singh was convicted of murdering his brother, and during the trial the court, under Section 319 of the CrPC, summoned another person (respondent No. I) who appeared to have committed the same offence. The trial of the original accused, Chandra Shekhar Singh, concluded before the summoned person could be trie

HUKAM CHANDversusSTATE OF HARYANA

2002 INSC 43423 October 2002Dismissed

The dispute arose when Hukam Chand's brother Udai Chand and his sibling went to a wheat‑threshing field and a quarrel broke out over a khes. Hukam Chand arrived armed with a pharsa (a deadly weapon) and struck Udai Chand on the head, causing fatal injuries; other parties also inflicted blows with lathi and ballam. The

K.M. MATHEW ETC.versusK.A. ABRAHAM AND ORS. ETC.

2002 INSC 34823 August 2002Dismissed

Criminal complaints were lodged against the managing editor, chief editor and resident editor of several newspapers alleging publication of defamatory material. The magistrate took cognizance under IPC sections 319 and 500 and issued summons. The accused filed petitions under CrPC s.482 seeking quash of the proceedings

KEWAL CHAND MIMANI (D) BY LRSversusS.K. SEN AND ORS.

2001 INSC 30223 July 2001Dismissed

The appellants, K.L. Mimani and others, had a 50‑year lease of land in Howrah which was requisitioned under the West Bengal Land (Requisition and Acquisition) Act, 1948. Their writ petition challenging the requisition was dismissed and an appeal was filed, but the lease expired by efflux of time during the pendency of

RAMASHRAYAAND ANR.versusSTATE OF MADHYA PRADESH

2001 INSC 11623 February 2001Dismissed

The appellants, Ramashraya and another, attacked the deceased Ajeet with a lathi, inflicting severe injuries to his skull and body, which caused his death. They argued that the incident arose from a sudden quarrel, that there was no pre‑meditation or intention to kill, and that the offence should be treated as culpable

MIS. HINDUSTAN ANTIBIOTICS LTD. ETC.versusMIS. PARENTERAL DRUGS (INDIA) PVT. LTD. ETC.

2000 INSC 53822 November 2000Disposed off

The case arose from a writ petition before the Madhya Pradesh High Court alleging arbitrariness in the award of a contract for the purchase of intravenous fluids, where the appellant, Hindustan Antibiotics Ltd., was accused of supplying sub‑standard fluids containing fungus. The High Court, upon finding letters indicat

THE GOVT. OF TAMIL NADUversusPV. ENTER. REP. BY SCM JAMALUDEEN AND ORS.

2000 INSC 53621 November 2000Dismissed

The Tamil Nadu Government issued a circular directing registration officers to refuse registration of property documents suspected of being undervalued until the correct stamp duty was collected. The petitioners challenged the circular as violative of Section 47A of the Indian Stamp Act, 1899. The High Court quashed th

STATE OF WEST BENGAL AND ORS.versusKARAN SINGH BINAYAK AND ORS.

2002 INSC 16120 March 2002Dismissed

The State of West Bengal sought to revise a 1957 record of rights concerning land that had been leased to a paper mill, arguing that the land vested in the State under the West Bengal Estates Acquisition Act, 1953. The respondents, Karan Singh Binayak and others, had purchased the land and commenced construction after

GURMAIL SINGHversusSTATE OF PUNJAB

2002 INSC 14718 March 2002Appeal(s) allowed

Gurmail Singh was arrested after allegedly arriving at a police station carrying a gunny bag on his head containing 27 kg of black gunpowder and four detonators, allegedly inspired by two constables to surrender. The Designated Court convicted him under Section 5 of the Terrorist and Disruptive Activities (Prevention)

RAM GOVIND UPADHYAYversusSUDARSHAN SINGH AND ORS.

2002 INSC 14818 March 2002Appeal(s) allowed

The appellant's brother was murdered during a violent incident at a polling booth, leading to the filing of an FIR under Section 302 IPC and the arrest of several accused. The accused applied for bail, which was rejected by the trial court, the High Court, and the Sessions Judge. After a second FIR for witness intimida

KADIYALA RAMA RAOversusGUTALA KAHNA RAO (DEAD) BY LRS. AND ORS.

2000 INSC 8918 February 2000

The appellant purchased a house at a court auction in execution of a mortgage decree. The respondents, who were judgment‑debtors, filed an application under Order 21 Rule 90 of the CPC seeking to set aside the sale on the ground that the property was not saleable for 15 years due to a lease restriction. The District Mu

STATE OF KARNATAKAversusDAVID RAZARIO AND ANR.

2002 INSC 39117 September 2002Appeal(s) allowed

An octogenarian woman was robbed and murdered in Bangalore. The prosecution proved that the accused, David Razario and Christopher David, had pawned a tape recorder belonging to the victim and later sold it, and that the weapon used in the assault bore the victim's blood group. The trial court convicted them under Sect

MOHD. HOSHAN, A.P. AND ANR.versusSTATE OF A.P.

2002 INSC 38816 September 2002Disposed off

The deceased Razwana Parveen, aged 18, married appellant No.1 and was allegedly subjected to continuous mental cruelty and dowry demands by her husband and his mother, leading her to self‑immolate. The trial court acquitted the accused of Sections 304‑B, 306 and 498‑A IPC, doubting the dying declaration and witness tes

MRITYUNJOY DAS AND ANR.versusSAYED HASIBUR REHAMAN AND ORS.

2001 INSC 15116 March 2001Dismissed

The Supreme Court entertained a contempt petition filed by members of the Paschim Banga Rajya Bhumijibi Sangh alleging that the Court's earlier order maintaining status quo on land possession was violated by revenue officers who took over land belonging to two petitioners. The crux of the dispute was whether the Court'

STATE OF HARYANAversusRAM SINGH

2002 INSC 2515 January 2002Case Partly allowed

The State of Haryana prosecuted several accused for the murder of Manphool under Sections 302, 149 and 201 IPC. The trial court convicted all, but the High Court acquitted Ram Singh, citing inconsistencies between his thumb‑marked disclosure statement and his arrest date, and gave him the benefit of doubt. On appeal, t

SYNCO INDUSTRIESversusSTATE BANK OF BIKANER AND JAIPUR AND ORS.

2002 INSC 2415 January 2002Dismissed

Synco Industries filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging that State Bank of Bikaner and Jaipur had frozen its sanctioned working facilities without prior notice, seeking damages of Rs. 15 crore and additional expenses of Rs. 60 lakh. The NCDRC dismissed the petition

LALLAN RAJ AND ORS.versusSTATE OF BIHAR

2002 INSC 47314 November 2002Disposed off

The case involved fourteen accused who, on the night of Holi, encircled and assaulted Bindeshwari Rai with deadly weapons, resulting in his death. The trial court convicted all of them under Section 302 IPC, with some also under Section 307 IPC, while the High Court later acquitted them of the Section 302/149 charge bu

MURALIversusSTATE OF TAMIL NADU

2000 INSC 52614 November 2000Dismissed

Murali was convicted under Section 304 Part I of the Indian Penal Code for the murder of Vinayagam after dragging the victim into a room, bolting the door and stabbing him with a knife. He appealed, claiming the right of private defence and arguing that his injuries were serious, while also contending that the special

FOOD CORPORATION OF INDIAversusSREEKANTH TRANSPORT

1999 INSC 25814 May 1999Dismissed

The Food Corporation of India (FCI) and Sreekanth Transport entered into a government contract containing an arbitration clause and an excepted‑matter clause (clause 12) that vested final authority in the Senior Regional Manager. Sreekanth Transport filed a suit under Section 20 of the Arbitration Act, 1940 seeking to

JAI SINGHversusSHAKUNTALA

2002 INSC 14114 March 2002Dismissed

Shakuntala, the natural daughter of the deceased Sunda Ram, sued to be declared owner of his property, challenging a registered adoption deed that named Jai Singh as an adopted son. The trial court and two appellate courts held that the adoption was invalid and decreed in favour of Shakuntala. On appeal, the Supreme Co

HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.versusM.C.D AND ANR.

2000 INSC 59613 December 2000Appeal(s) allowed

The Housing and Urban Development Corporation Ltd (HUDCO) was allotted 42.6 acres of Government land in Delhi in 1990 for development, with possession taken in March 1994 but a formal lease executed only in July 1997. The Delhi Municipal Corporation levied property tax on the vacant land for the period July 1990 to Mar

DWARKA DAS AND ORS.versusSTATE OF HARYANA

2002 INSC 46913 November 2002Appeal(s) allowed

The Supreme Court examined whether a High Court, exercising criminal appellate jurisdiction under Section 374(2) of the Cr.P.C., could direct the State Government to file an appeal against an acquittal by a Sessions Judge. The High Court had ordered the Advocate General of Haryana to file a leave‑to‑appeal application

SHRAWAN BHADAJI BHIRAD AND ORS.versusSTTE OF MAHARASHTRA

2002 INSC 47013 November 2002Dismissed

The accused, members of the Bhirad family, were convicted for assaulting Ganesh Dhage with swords, causing severe injuries, under Sections 147, 148, 307 read with Section 149 of the IPC. The victim, while hospitalized, identified the accused by name in a statement recorded by doctors, which the defence claimed was spec

BHARAT COKING COAL LTD.versusKARAM CHAND THAPAR & BROS. PVT. LTD. AND ORS.

2002 INSC 47113 November 2002Appeal(s) allowed

Bharat Coking Coal Ltd. (appellant) claimed that certain lands, buildings and other assets owned by Karam Chand Thapar & Bros. Pvt. Ltd. (respondent) vested in the Central Government under Section 3G(vi) of the Coking Coal Mines (Nationalisation) Act, 1972, and issued notices for possession. The respondents contended t

DELHI DEVELOPMENT AUTHORITYversusSKIPPER CONSTRUCTION CO. (PVT.) LTD. AND ANR.

2002 INSC 47213 November 2002Directions issued

The Delhi Development Authority (DDA) had awarded a plot of land to Skipper Construction Co. (Pvt.) Ltd., which later sought a bank guarantee from New Bank of India for the balance payment. The bank officials allegedly facilitated the guarantee with irregularities, prompting a disciplinary inquiry. The Supreme Court, a

DANA YADAV @ DAHU & ORS.versusSTATE OF BIHAR

2002 INSC 38313 September 2002Disposed off

The Supreme Court examined the convictions of seven accused in a murder case arising from a Naxalite attack in 1983. The key issue was whether identification of an accused for the first time in court, without a prior test identification parade or corroboration, could support a conviction, especially when the accused wa

SUKHDEV YADAV AND ORS.versusSTATE OF BIHAR

2001 INSC 44413 September 2001Dismissed

The appellants Sukhdev Yadav and others were convicted under IPC s.302 for the murder of Ram Dev Singh Mukhiya. The prosecution relied on five eye‑witnesses who placed the incident near Mahavir Modi's house, a mango tree, or a field, while a defence witness claimed a different location. The appellants argued that these

MAHADEO SAHNI AND ORS.versusSTATE OF BIHAR

2002 INSC 33313 August 2002Dismissed

The appellants were part of an unlawful assembly that assaulted two men with various weapons, causing their deaths. The trial court, based on eyewitness and medical testimony, convicted all accused of murder under Section 302 read with Section 149 IPC, and also under Sections 148 and 147 IPC for other offences. The Hig

M/S. LAKSHMI PRECISION SCREWS LTD.versusRAM BAHAGAT

2002 INSC 33413 August 2002Dismissed

Lakshmi Precision Screws Ltd. terminated the employment of Ram Bahagat under Clause 9(f)(ii) of its Certified Standing Orders after he was absent for ten days without leave. The company sent a notice on 17 October 1990 asking him to report within 48 hours, warning that failure would be deemed disinterest and his name w

PREM SURANAversusADDL. MUNSIF AND JUDICIAL MAGISTRATE AND ANR.

2002 INSC 33513 August 2002Dismissed

Advocate Prem Surana, who was also an accused in a criminal case, entered the Jaipur District Court and, after his application for exemption from appearance was rejected and a non‑bailable warrant issued, verbally abused and slapped the presiding Judicial Magistrate in open court. The District Judge referred the incide

PAWAN KUMARversusSTATE OF HARYANA

2001 INSC 14213 March 2001Dismissed

The Supreme Court examined the conviction of Pawan Kumar and co‑accused for abetment of suicide, dowry harassment and related offences under Sections 306, 498A, 201 and 193 of the IPC. The prosecution relied on circumstantial evidence and a statutory presumption under Section 113A of the Evidence Act, while the defence

TULSI RAM AND ORS.versusMATHURA SAGAR PAN TATHA KRISHI AND ANR .

2002 INSC 46212 November 2002Disposed off

The dispute involved the Barai community, owners of a group of tanks used for betel leaf irrigation, and the Dhimar fishing community who had been allowed to fish in those tanks under a historic Wajib-ul-arz agreement. The Barais sought an injunction to stop the Dhimars from fishing, claiming the right was only a licen

VASANT ARJUNRAO BHANDAKversusSTATE OF KARNATAKA

2002 INSC 46512 November 2002Dismissed

Vasant Arjunrao Bhandak was charged under the Prevention of Corruption Act, 1988 and contended that the Principal Sessions Judge, Belgaum, lacked jurisdiction because the judge was not a "Special Judge" as defined in Section 3 of the 1988 Act. He argued that the appointment of the judge under a notification issued purs

SUBHASH RAMKUMAR BIND @ VAKIL AND ANR.versusSTATE OF MAHARASHTRA

2002 INSC 46612 November 2002Dismissed

The appellants were convicted for murder of Harish Bhatia using a 9 mm pistol and a .38 calibre revolver, and were sentenced to death under IPC sections 302/34 and Arms Act section 27(3). The High Court upheld the death sentence, treating the weapons as prohibited arms under the Arms Act based on a government note. The

ALAMGIRversusSTATE (NCT. DELHI)

2002 INSC 46712 November 2002Dismissed

Alamgir, a Pakistani national, travelled to Delhi with his wife Halima and stayed at a hotel. He left her locked in the room on 19 September 1991 and failed to return; her body was later found strangulated. Two slips of paper near the body bore handwriting identified by an expert as Alamgir's. He was arrested in Bombay

GURPREET SINGHversusSTATE OF HARYANA

2002 INSC 38212 September 2002Dismissed

Gurpreet Singh, an ex‑Air Force officer, was charged with murdering his wife Kalpna by setting her on fire. There was no eye‑witness; the prosecution relied on circumstantial evidence including a strained marital relationship, a pending divorce with a monetary settlement, prior instances of domestic violence, the appel

I.C.D.S LTD.versusBEENA SHABEER AND ANR.

2002 INSC 33112 August 2002Appeal(s) allowed

The husband entered into a hire‑purchase agreement with I.C.D.S. Ltd., and his wife stood as guarantor, issuing a cheque for part payment. The cheque was returned unpaid and the appellant served a statutory notice under Section 138 of the Negotiable Instruments Act, 1881, thereafter filing a criminal complaint. The res

SUNIL BAJAJversusSTATE OF M.P.

2001 INSC 50011 October 2001Appeal(s) allowed

Sunil Bajaj was married to Suman in 1991 and she died by self‑immolation in 1995, within seven years of marriage. The State alleged that Bajaj demanded a dowry of Rs 20,000, subjected her to cruelty and harassment, and thereby caused a "dowry death" under Section 304‑B of the Indian Penal Code. The trial court convicte

RAJENDER SINGHversusRAMDHAR SINGH AND ORS.

2001 INSC 27711 May 2001Disposed off

The appellant, Rajender Singh, obtained a decree in a money suit and had the defendant's property attached and later purchased at a court auction. The respondents, who had earlier bought the same property under registered sale deeds, challenged the attachment and auction, arguing that the attachment order was not sent

ALLA CHINA APPARAO AND ORS.versusSTATE OF ANDHRA PRADESH

2002 INSC 43210 October 2002Dismissed

The appellants, six convicted accused, appealed against their life sentences for murder under Sections 302, 149, 148 and 506 IPC, arguing that the prosecution's case relied on partisan eyewitnesses, lacked independent witnesses, showed no dragging injuries, and suffered an alleged delay in forwarding the FIR to the mag

MUNSHI PRASAD AND ORS.versusSTATE OF BIHAR

2001 INSC 49710 October 2001Dismissed

The Supreme Court upheld the conviction of Munshi Prasad and others for murder, finding the prosecution’s evidence trustworthy and the defence’s alibi unsubstantiated because the alleged distance of 400‑500 yards did not render the accused’s presence at the crime scene impossible. The Court held that discrepancies betw

STATE OF GUJARATversusK. V. JOSEPH ETC.

2000 INSC 5149 November 2000Appeal(s) allowed

The State of Gujarat appealed against two Gujarat High Court judgments that imposed strict time‑limits for granting sanction and filing charge‑sheets in corruption cases and declared a paragraph of the State Vigilance Manual ultra vires. The High Court also directed that any delay beyond two months would attract contem

JAGGANATH CHOUDHARY AND ORS.versusRAMAYAN SINGH AND ANR.

2002 INSC 2759 May 2002Appeal(s) allowed

The trial court (Additional Sessions Judge, Muzaffarpur) acquitted the accused in a murder case under Sections 302 and 34 IPC. The aggrieved party filed a revision under Section 401 of the CrPC before the Patna High Court, alleging that the trial court had wrongly discarded eye‑witness testimony. The High Court set asi

V. L. TRESAversusSTATE OF KERALA

2001 INSC 839 February 2001Dismissed

The appellant V.L. Tresa was accused of murdering her husband Vincent, but the trial court acquitted her of the murder charge (Sec. 302 IPC) due to lack of proof beyond reasonable doubt. She was, however, convicted under Sec. 201 of the Indian Penal Code for causing disappearance of evidence and giving false informatio

VISHNU NAGNATH DESHMUKHversusSTATE OF MAHARASHTRA

2000 INSC 5118 November 2000Disposed off

Vishnu Nagnath Deshmukh was convicted under the Prevention of Corruption Act, 1947 (sections 5(2) and 5(1)(d)) and IPC section 161 for accepting an illegal gratification of Rs.10. The Special Judge sentenced him to six months’ rigorous imprisonment and a fine, which the Bombay High Court upheld. He appealed to the Supr

AMBA BAI AND ORS.versusGOPAL AND ORS.

2001 INSC 2638 May 2001Appeal(s) allowed

The plaintiff filed a suit for specific performance which was dismissed by the trial court, but the first appellate court decreed in his favour. The defendant appealed this decree, and while the second appeal was pending both parties died; the plaintiff's legal representatives were brought on record, but the defendant'

UNION BANK OF INDIAversusKHADER INTERNATIONAL CONSTRUCTION AND ORS.

2001 INSC 2668 May 2001Dismissed

The respondent, a public limited company, filed a suit as an indigent (in forma pauperis) plaintiff under Order XXXIII, Rule 1 of the Code of Civil Procedure. The appellant, Union Bank of India, challenged the suit, arguing that the term "person" in the Order refers only to natural persons and that a company could not

STATE OF ORISSA ETC.versusS.K. AGARWALLA ETC

1999 INSC 1648 April 1999Matter referred to larger bench

The Supreme Court heard Civil Appeals No. 710-711 of 1991 filed by the State of Orissa and others against S.K. Agarwala and others, concerning an arbitrator's award of interest for the pre‑reference period. The core issue was whether the arbitrator could award such interest. The Court noted that this question had alrea

ANIL RATAN SARKAR AND ORS.versusHIRAK GHOSH AND ORS.

2002 INSC 1318 March 2002

The petitioners, laboratory assistants appointed in non‑government colleges in West Bengal, were treated as non‑teaching staff despite performing teaching functions and were denied the pay scale of physical instructors. After a series of writ petitions, the Supreme Court ordered that they be treated as teaching staff a

PANCHDEO SINGHversusSTATE OF BIHAR

2001 INSC 6007 December 2001Appeal(s) allowed

On 20 December 1980 a bomb attack injured Sriram Singh, who later died. His dying declaration, recorded by a magistrate in the presence of a doctor, implicated Panchdeo Singh as being present at the scene. The magistrate asserted the deceased was in a fit state of mind, but no medical certification or doctor's signatur

COLLECTOR OF CENTRAL EXCISEversusHIMALAYAN COOPERATIVE MILK PRODUCT UNION LTD.

2000 INSC 5077 November 2000Dismissed

The Collector of Central Excise appealed against the Customs, Excise and Gold (Control) Appellate Tribunal’s order allowing Himalayan Cooperative Milk Product Union Ltd. to claim exemption from excise duty on liquid nitrogen under Notification No. 105/80‑CE. The notification exempts goods falling under Item 68 of the F

AMRITLAL AND ORS.versusUNION GOVERNMENT THROUGH SECRETARY, MINISTRY OF FINANCE AND ORS.

2000 INSC 5097 November 2000Disposed off

The appellants were arrested after a Central Bureau of Narcotics raid seized 132 kg of opium and they were charged under sections 8 and 18 of the NDPS Act, 1985. Their bail applications were rejected and they were subsequently detained under section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psycho

SARWAN SINGHversusSTATE OF PUNJAB

2002 INSC 4287 October 2002Dismissed

The appellant, Sarwan Singh, was convicted by a Designated Court under Sections 302, 307, 34 of the IPC and Section 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 for the murder of Piara Singh. He appealed, claiming false implication, lack of independent witnesses, absence of a test identification

BHAGAT RAM (D) BY LRS.versusTEJA SINGH (D) BY LRS.

2001 INSC 5616 November 2001Appeal(s) allowed

The case concerned a piece of land originally allotted to the widow Kirpo, which was inherited by her daughters Santi and Indra. After Santi's death, the property was mutated in Indra's name. Bhagat Ram had entered into an agreement with Indra and sued for specific performance, obtaining a decree in his favour. Teja Si

BALU SONBA SHINDEversusSTATE OF MAHARASHTRA

2002 INSC 3686 September 2002Appeal(s) allowed

Balu Sonba Shinde was convicted of murdering his brother Shankar based primarily on the testimony of a single material witness (PW‑4) and circumstantial evidence, while the complainant (PW‑5) was declared hostile. The Supreme Court examined whether the chain of circumstantial evidence was complete and whether the hosti

SUDAMA PANDEY AND ORS.versusSTATE OF BIHAR

2001 INSC 5965 December 2001Appeal(s) allowed

The appellants were charged with the murder of a 12‑year‑old girl, Gudia Kumari, and were convicted by the Sessions Court and sentenced to death on the basis of circumstantial evidence; the High Court confirmed the conviction but commuted the sentence to life imprisonment. On appeal to the Supreme Court under Article 1

BAHADUR SINGHversusSTATE OF MADHYA PRADESH AND ANR.

2001 INSC 5934 December 2001Appeal(s) allowed

Bahadur Singh, a truck driver, and Amreek Singh, a cleaner, were convicted under the Narcotic Drugs and Psychotropic Substances Act for allegedly transporting 3.9 kg of poppy straw. The prosecution’s case rested on the testimony of the investigating officer, who claimed to have seized the contraband, while the sole pan

PRADIP CHANDRA PARIJA AND ORS.versusPRAMOD CHANDRA PATANAIK AND ORS.

2001 INSC 5904 December 2001Directions issued

The case arose when a two‑judge bench of the Supreme Court, disagreeing with a prior three‑judge decision in Nityananda Kar v. State of Orissa, ordered that the matter be placed before a five‑judge bench. The petitioners challenged whether such a referral was permissible under the Constitution and Supreme Court Rules.

COMMISSIONER OF INCOME TAX, SHILLONGversusTARAJAN TEA CO. (P) LTD.

1999 INSC 414 February 1999Dismissed

The Commissioner of Income Tax, Shillong appealed against the order of the Income Tax Officer (ITO) who had reopened the assessment of Tarajan Tea Co. (P) Ltd. under Section 147(a) of the Income Tax Act, 1961, on the ground that a decision in another tea company case—holding that the sale of standing trees was a revenu

COMMISSIONER OF INCOME TAX, CALCUTTAversusSUGAULI SUGAR WORKS {P) LTD.

1999 INSC 424 February 1999Dismissed

SUGAULI SUGAR WORKS (P) Ltd., a private limited company, transferred Rs 3,45,000 from a suspense account to its capital reserve account for the assessment year 1965‑66. The Income Tax Officer included Rs 2,56,529 in the assessee's total income under Section 41 of the Income‑Tax Act, treating the transfer as a benefit o

COMMISSIONER OF INCOME TAX, JABALPURversusMIS. DURGA ENGINEERING AND FOUNDRY WORKS

2000 INSC 3733 August 2000Appeal(s) allowed

For the assessment years 1987-88 and 1988-89 the Assessing Officer added income to Mis. Durga Engineering and Foundry Works under Section 68, treating certain cash credits as unexplained. The Commissioner upheld the additions, but the Income Tax Appellate Tribunal set aside the assessments and directed a fresh order. T

STATE OF TAMIL NADUversusTHE MAHALAKSHMI TEXTILE MILLS LTD .

1999 INSC 383 February 1999Dismissed

The State of Tamil Nadu assessed Mahalakshmi Textile Mills Ltd. for sales tax. The assessee invoked the Deputy Commissioner’s suo motu powers under Section 32 of the Tamil Nadu General Sales Tax Act, 1959, questioning the assessment. After the Deputy Commissioner dismissed the petition, the High Court ordered a merits‑

COMMISSIONER OF INCOME TAX, KERALAversusASSOCIATED FIBRE AND RUBBER INDUSTRIES (P) LTD

1999 INSC 393 February 1999Dismissed

The Supreme Court examined a private limited company's claim for deduction of interest on loans taken to purchase rubberised machinery for the assessment years 1972‑73 to 1974‑75. The machinery had not been put to use and no depreciation was claimed, prompting the Income Tax Officer to disallow the interest deduction a

P.G.I. OF M.E. AND RESEARCH, CHANDIGARHversusRAJ KUMAR ETC.

2000 INSC 5022 November 2000Appeal(s) allowed

The employer, Post‑Graduate Institute of Medical Education and Research, terminated Raj Kumar after he had completed 240 days of service. The Labour Court held the termination illegal, ordered reinstatement with continuity of service and awarded only 60% of back wages, exercising its discretion under Sections 25‑B and

DHUPA CHAMAR AND ORS.versusSTATE OF BIHAR

2002 INSC 3252 August 2002Case Partly allowed

The case involved seven accused who, armed with deadly weapons, attacked the family of an informant, resulting in the death of Ram Patia Devi and the informant's son. The Supreme Court examined whether a single blow causing a fatal injury satisfied Clause thirdly of Section 300 of the IPC, establishing murder, and whet

SOHAN AND ANR.versusSTATE OF HARYANA AND ANR.

2001 INSC 1332 March 2001Appeal(s) allowed

The appellants were convicted for offences under Sections 148, 149 and 302 of the IPC based solely on the testimony of PW‑7, a cousin of the deceased and an interested witness. The Supreme Court held that the burden of proof lies on the prosecution and must be discharged beyond reasonable doubt. It found that PW‑7's ev

DIVISIONAL LEVEL COMMITTEE AND ANR.versusHARSWARUP DRUM UDYOG

1999 INSC 332 February 1999Dismissed

The Divisional Level Committee and the State of Uttar Pradesh appealed against a High Court order that had upheld Harswarup Drum Udyog's claim to sales‑tax exemption under Section 4‑A of the U.P. Sales Tax Act, 1948. The respondent's application was initially rejected because the lease deed, required to be registered f

M/S. CONTINENTAL CHEMICALS LTD.versusSALES TAX OFFICER AND ANR.

1999 INSC 342 February 1999Appeal(s) allowed

Continental Chemicals Ltd. obtained a sales tax registration in November 1985 and made a trial sale on 1‑Nov‑1985, but only acquired permanent registration as an industrial unit on 11‑Sep‑1986 and began actual production on 3‑Mar‑1986, with its first sale on 5‑Mar‑1986. The company applied for a six‑year sales‑tax exem

BAILOCHAN KARANversusBASANT KUMARI NAIK AND ANR.

1999 INSC 352 February 1999Dismissed

The appellant, a son of Prahalad, was a minor when the property was sold to the plaintiff on 6 February 1953. The plaintiff filed a suit for trespass in 1971, alleging that the appellant had forcibly entered the land. The trial court dismissed the suit, and the High Court examined the date on which the appellant attain

MOHAN SINGHversusPREM SINGH AND ANR.

2002 INSC 4191 October 2002Dismissed

The case concerned the murder of Ravinder Singh, alleged to have been committed by Prem Singh and Deepinder Singh in a dispute over land. The trial court convicted both under Section 302 IPC, relying on eyewitness testimony, an extra‑judicial confession and alleged weapon recoveries. The High Court acquitted them, find

V.C. MOHANversusUNION OF INDIA AND ORS.

2002 INSC 1121 March 2002Appeal(s) allowed

V.C. Mohan was charged under Sections 132 and 135 of the Customs Act for misdeclaration of a Bill of Entry, arrested, and later released on bail. After the investigation, the Customs Department issued a show‑cause notice under Section 124 and the petitioner filed an application before the Settlement Commission, which o

DEEPAK KUMARversusRAVI VIRMANI AND ANR.

2002 INSC 601 February 2002Case Partly allowed

The Supreme Court examined the murder of four family members allegedly committed by Ravi Virmani, who was convicted and sentenced to death by the Sessions Court and later to life imprisonment by the High Court. The prosecution's case relied mainly on the testimony of the two surviving brothers, without any independent

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