DURGA OIL COMPANYversusSTATE OF U.P. AND ORS.
1998 INSC 27529 July 1998Dismissed
Durga Oil Co., a dealer licensed under Form XI of the Petroleum Rules, stored high‑speed diesel (Petroleum Class B) in an underground tank exceeding 1,000 litres and dispensed it through a pump. The District Supply Officer ordered the company to cease using the tank, and the Allahabad High Court dismissed the company's…
STATE OF MAHARASHTRAversusLALJIT RAJSHI SHAH AND ORS.
2000 INSC 10828 February 2000Dismissed
The State of Maharashtra appealed against a Bombay High Court decision that held the chairman and managing committee members of a cooperative society were not "public servants" for purposes of Section 21 of the Indian Penal Code (IPC) and the Prevention of Corruption Act (PCA). The respondents had been prosecuted for o…
THE STATE OF ANDHRA PRADESH, ETC.versusMODERN PROTEINS LTD.
1994 INSC 17326 April 1994
Modern Proteins Ltd., a dealer under the Andhra Pradesh General Sales Tax Act, dealt in groundnut products including deoiled cake and groundnut protein flour. For the 1977-78 assessment year, the Central Tax Officer taxed the flour at 4% under the Central Sales Tax Act, but the Assistant Commissioner re‑classified it a…
M/S. MAHALUXMI RICE MILLS AND ORS.versusSTATE OF U.P. AND ORS.
1998 INSC 31319 August 1998Dismissed
The appellants, rice millers, were required under the U.P. Rice and Paddy (Levy and Regulation of Trade) Order, 1985 to sell rice to the State Government. The Market Committee demanded that the millers pay a market fee under Section 17(iii)(b)(3) of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964. The millers contended t…
STATE OF U.P. AND ANR.versusM/S. SYNTHETICS AND CHEMICALS LTD. AND ANR.
1991 INSC 15918 July 1991Appeal(s) allowed
The Uttar Pradesh legislature amended its 1939 Motor Spirit, Diesel Oil and Alcohol Taxation Act to levy a purchase tax on industrial alcohol, which was challenged as unconstitutional because industrial alcohol is regulated by the Central Government under the Industries (Development and Regulation) Act, 1951. The respo…
GOKARAJU RANGARAJU ETC.versusSTATE OF ANDHRA PRADESH
1981 INSC 9215 April 1981Dismissed
The appellants were convicted by two District Judges whose appointments were later declared invalid for violating Article 233 of the Constitution. The appellants argued that the judgments rendered by those judges were void and that the Constitution (20th Amendment) rendered them a surplusage. The Supreme Court held tha…
S.K. ALAGHversusSTATE OF U.P. & ORS.
2008 INSC 20215 February 2008Case Allowed
The proprietor of Akash Traders filed a criminal complaint against the Managing Director of Britannia Industries Ltd, alleging criminal breach of trust under Section 406 IPC for demand drafts issued for undelivered goods. The company itself was not impleaded, and the appellant was initially discharged by the magistrate…
SEEDSMAN ASSOCIATION, HYDERABAD AND ORS.versusPRINCIPAL SECRETARY TO GOVT., A.P. AND ORS.
2004 INSC 9610 February 2004Dismissed
The Seedsman Association of Hyderabad and two seed companies filed a writ petition under Article 226 challenging the levy of market fee under Section 7 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 on seeds they produce, process and market. They contended that seeds are not meant for huma…
BHARATH BOOSHAN AGGARWALversusSTATE OF KERALA
2021 INSC 6216 October 2021Appeal(s) allowed
The appellant, a sandalwood oil manufacturer, was convicted under Section 27(1)(d) of the Kerala Forest Act for allegedly possessing forest produce illicitly removed from a reserved forest. The High Court upheld the conviction, treating the presumption under Section 69 as creating a reverse burden of proof on the accus…
U.P. COOPERATIVE CANE UNION FEDERATIONversusWEST U.P. SUGAR MILL ASSOCIATION AND ORS.
2004 INSC 3325 May 2004Disposed off
The case concerned whether the Uttar Pradesh Government could fix a "State Advised Price" (SAP) for sugarcane that was higher than the minimum price fixed by the Central Government under the Essential Commodities Act and the Sugarcane (Control) Order, 1966. The petitioners (U.P. Co‑operative Cane Union Federation and s…
STATE OF WEST BENGAL AND OTHERSversusR.K.B.K. LTD. & ANR.
2015 INSC 6434 September 2015Appeal(s) allowed
The State of West Bengal appealed against an order of the Director of Consumer Goods that imposed a penalty on R.K.B.K. Ltd., a licensed kerosene oil agent, for alleged excess distribution. The dispute centered on whether the Director or the District Magistrate had authority under Paragraph 9 of the West Bengal Kerosen…
STATE OF BIHAR AND ORS.versusPROJECT UCHCHA VIDYA, SIKSHAK SANGH AND ORS.
2006 INSC 53 January 2006Disposed off
The State of Bihar launched a scheme to establish "Project Schools"—including at least one girls' high school in each block of backward areas—through circulars and a three‑man committee. Disputes arose over whether the identified schools were taken over by the State, whether they should be treated as nationalised schoo…
STATE OF BIHAR ETC. ETC.versusP.P. SHARMA, IAS AND ANR.
1991 INSC 842 April 1991Appeal(s) allowed
The Bihar State Co‑operative Marketing Union (BISCOMAUN) was placed under administration by the State Government, after which its administrator, R.K. Singh, reported alleged financial irregularities involving former Managing Director P.P. Sharma, advisor G.D. Mishra and Chairman Tapeshwar Singh in the purchase of sub‑s…
COMMISSIONER OF SALES TAX U.P. LUCKNOWversusMOOL CHAND SHYAM LAL, BELANGANJ, AGRA
1988 INSC 1961 August 1988Dismissed
The appellant, Commissioner of Sales Tax, assessed a penalty on the respondent, a roller flour mill dealer, for allegedly realizing excess amounts as wheat purchase tax, sales tax, and octroi beyond what was legally payable under the U.P. Sales Tax Act. The dealer had been authorised by a government notification to rec…
COMMON CAUSE"REGISTERED SOCIETY THROUGH ITS DIRECTORversusUNION OF INDIA AND ANR.
1996 INSC 6051 May 1996Disposed off
The Supreme Court entertained a public‑interest writ under Article 32 filed by the registered society "Common Cause" seeking relief for under‑trial prisoners and accused persons in pending criminal matters. The Court observed that prolonged pendency of criminal cases infringes the right to life and liberty guaranteed b…