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Judgments of 1999

568 judgments · newest first · showing 1–200

SATNAM SINGHversusSTATE OF RAJASTHAN

1999 INSC 569Appeal(s) allowed

The appellant, a truck driver, was originally convicted of murder under Section 302 IPC for allegedly crushing the deceased with his truck. On appeal, the Supreme Court examined the reliability of three eye‑witness statements, noting material omissions and the three‑day delay in recording them under …

SHREE DIGVIJAY CEMENT CO. LTD. AND ORS.versusSTATE OF RAJASTHAN AND ORS.

1999 INSC 567Dismissed

The petitioners, cement manufacturers in Gujarat, challenged a Rajasthan notification under Section 8(5) of the Central Sales Tax Act that reduced the inter‑state sales tax on cement to 4% and dispensed with the Form‑C/Form‑D requirement. They argued that the reduction created a local preference, …

STATE OF U.P. AND ANR.versusKAMLA PALACE

1999 INSC 568Dismissed

The Uttar Pradesh Entertainment and Betting Tax Act, 1979 was amended in 1992 to permit cinema owners to levy an extra maintenance charge under Section 3A, but a proviso barred those receiving a government grant‑in‑aid from imposing this charge. Several cinema owners challenged the proviso as …

E.I.D. PARRY (I) LTD.versusASST. COMMR. OF COMMERCIAL TAXES AND ANR.

1999 INSC 570Appeal(s) allowed

The appellants, sugar manufacturers Arooran Sugars Ltd. and E.I.D. Parry (I) Ltd., challenged assessments that included planting subsidies and transport charges in their taxable turnover under the Tamil Nadu General Sales Tax Act, 1959. They argued that the subsidy agreements were independent of the …

MOHD. ANWARversusSTATE OF DELHI

1999 INSC 571Case Partly allowed

The case concerns the murder of informer Khalil during a police chase of three boys, where appellants Mohd. Anwar and Tasleem were convicted under Sections 302, 307, 34 of the IPC and Section 5 of the TADA Act. The prosecution relied on eyewitness testimony, seizure of Anwar's .32 bore revolver and …

KISHORIversusSTATE (NCT) OF DELHI

1999 INSC 572

The appellant Kishori was convicted for the murder of three Sikh brothers during the 1984 anti‑Sikh riots, based on eye‑witness testimony that identified him as a member of the unlawful assembly who used a knife to kill the victims. The High Court upheld the conviction and imposed the death penalty, …

MANOHAR LAL @ MUNNA AND ANR.versusTHE STATE (N.C.T. OF DELHI)

1999 INSC 573Case Partly allowed

During the 1984 anti‑Sikh riots in Delhi, four Sikh brothers were dragged from their home, doused with petrol and set ablaze in front of their mother, Harbai. The accused, Jaggu and Mannu, were convicted under IPC sections 302, 396 and 149 and sentenced to death by the trial court, a decision …

DELHI DEVELOPMENT AUTHORITYversusSKIPPER CONSTRUCTLON CO. (P) LTD. AND ORS.

1999 INSC 574Disposed off

The Delhi Development Authority (DDA) sold a plot to Skipper Construction Co., which defaulted on payments and subsequently sold space in the proposed building to far more buyers than the available units, many of whom paid large sums. DDA re‑entered the plot, sold it to a third party, and was …

KESHAB NARAYAN BANERJEE AND ORS.versusTHE STATE OF BIHAR

1999 INSC 565Dismissed

The appellants were tried before the Special Judge (Vigilance), Patna, for alleged fraud in obtaining a Rs. 2 crore compensation under the Bihar Land Reforms Act, 1950. They contended that the offences were committed in respect of a document produced before the Compensation Officer and that, under …

MANAGEMENT OF M.C.D.versusPREM CHAND GUPTA AND ANR.

1999 INSC 566Disposed off

The Delhi Municipal Corporation (MCD) terminated the services of Prem Chand Gupta, a temporary Section Officer, on 29 April 1966 after he had served continuously for more than 240 days in a calendar year. Gupta raised an industrial dispute; the Labour Court and a High Court Single Judge held the …

HIGH COURT OF JUDICATURE AT ALLAHABAD THROUGH REGISTRARversusSARNAM SINGH AND ANR.

1999 INSC 562Appeal(s) allowed

The respondent, a subordinate judicial officer in Uttar Pradesh, was compulsorily retired at age 58 on the basis of an adverse remark recorded by an Inspecting Judge. He challenged the retirement, arguing that the Uttar Pradesh Judicial Officers (Retirement on Superannuation) Rules, 1992—framed …

THE COMMISSIONER OF INCOME TAX, MADRASversusM/S SUNDARAM SPINNING MILLS

1999 INSC 563Dismissed

M/s Sundaram Spinning Mills, a manufacturer of cotton yarn, claimed a higher rate of initial depreciation on its plant and machinery under the Income Tax Act, 1961, arguing that yarn falls within Item No. 21 of the Ninth Schedule, which lists "textiles (including ... cotton yarn, hosiery and rope)". …

PATTAKKAL KUNHIKOYA (DEAD) BY LRS.versusTHOOPIKAL KOYA AND ANR.

1999 INSC 564Dismissed

The plaintiff, a legal representative of a member of the Pattakkal tarwad, claimed a reversionary right to the properties of the extinct Kandangalam tarwad, asserting that Pattakkal was an undivided branch of the ancient Pandambeli tarwad. The lower courts dismissed the suit, holding that Pattakkal …

REGIONAL PROVIDENT FUND COMMISSIONERversusSHIV KUMAR JOSHI

1999 INSC 558Dismissed

Shiv Kumar Joshi, a member of the Employees' Provident Fund Scheme, complained before the District Consumer Forum that the Regional Provident Fund Commissioner delayed payment of his provident fund, alleging deficiency in service. The Commissioner appealed, arguing that the scheme was not a …

S.I. ROOPLAL AND ANR.versusLT. GOVERNOR THROUGH CHIEF SECRETARY, DELHI AND ORS.

1999 INSC 556Appeal(s) allowed

The appellants, originally Sub‑Inspectors in the Border Security Force (BSF), were deputed to the Delhi Police and later permanently absorbed as Sub‑Inspectors (Executive). They sought to have their continuous substantive service in the BSF counted for seniority in the Delhi Police cadre, a right …

M/S COROMANDAL FERTILISERS LTD.versusCOLLECTOR OF CUSTOMS

1999 INSC 559Appeal(s) allowed

Mis Coromandal Fertilisers Ltd imported rock phosphate and sulphur and was responsible for unloading the cargo at its own wharf in Visakhapatnam. Customs assessed landing charges at 1.4% of the CIF value of the goods and the Assistant Collector additionally levied stevedoring charges, arguing they …

C. GANGACHARANversusC. NARAYANAN

1999 INSC 560Appeal(s) allowed

The appellant, C. Gangacharan, sent money from abroad to the respondent, C. Narayanan, to purchase immovable property in the appellant's name, but the respondent bought the property in his own name and that of his brothers. The appellant filed a suit for possession in 1983, which was decreed in …

S.K. PATTANAIK (DEAD) THROUGH LRS.versusSTATE OF ORISSA AND ORS.

1999 INSC 557Dismissed

The appellant imported Indian-made foreign liquor into Orissa and stored it in a licensed bonded warehouse. Part of the stock became sedimented, was deemed unfit for consumption and was destroyed. The State issued a notice for payment of countervailing duty of Rs.10,02,182, which the appellant …

INDIRA SAWHNEYversusUNION OF INDIA AND ORS.

1999 INSC 553Disposed off

The Supreme Court examined the Kerala State Backward Classes (Reservation of Appointments or Posts in the Services under the State) Act, 1995, which sought to continue reservation for backward classes without excluding the "creamy layer" and claimed that no socially advanced sections existed in the …

B.K.N. PILLAIversusP. PILLAI AND ANR.

1999 INSC 554Appeal(s) allowed

The plaintiff B.K.N. Pillai sued P. Pillai for eviction, alleging that the defendant was a licensee. The defendant initially pleaded that he was a lessee, but later sought to amend his written statement to add an alternative defence that, if he were a licensee, his licence was irrevocable under …

STATE OF KARNATAKAversusARUN KUMAR AGARWAL AND ORS.

1999 INSC 555Case Partly allowed

Arun Kumar Agarwal and others filed a writ petition in the Karnataka High Court seeking the cancellation of a 1,000 MW thermal power project at Mangalore and the registration of a FIR for alleged corruption. The High Court, without detailed analysis, directed the CBI to investigate based on thirteen …

V. VIJAY KUMARversusSTATE OF KERALA

1999 INSC 550Appeal(s) allowed

The State alleged that a watchman was murdered after a quarrel with accused No.1 and that five accused conspired to kill and hang him. The trial court convicted them under IPC sections 302, 34, 201 and 120‑B based solely on circumstantial evidence, including alleged presence of blood in the guard …

STATE OF MAHARASHTRAversusSURESH

1999 INSC 551Appeal(s) allowed

The State of Maharashtra charged Suresh with the rape and murder of a four‑year‑old girl, Sneha, alleging that he abducted her, sexually assaulted her and concealed her body in a farm. The trial court convicted him on the basis of circumstantial evidence, including eyewitnesses who saw the accused …

RAEES AHMADversusSTATE OF U.P. AND ORS.

1999 INSC 552Appeal(s) allowed

The Nagar Panchayat Jalalabad comprised 21 members, including three nominated members who were barred from voting. A motion of no‑confidence against the President was moved and supported by 13 members. The High Court held that, because the nominated members could not vote, they should be excluded …

COMMISSIONER OF SALES TAX AND ANR.versusM/S. P.T. ENTERPRISES AND ANR.

1999 INSC 547Appeal(s) allowed

A truck carrying 120 bags of supari owned by the respondent was stopped at a checkpost in Madhya Pradesh. The sales tax authorities found that the value declared in the accompanying documents was lower than the market value and issued a notice under Section 29-A(II) of the Madhya Pradesh General …

STATE OF U.P. AND ORS.versusM/S. CHHABRA BRICKS AND TILES MFG. CO.

1999 INSC 548Appeal(s) allowed

The State of Uttar Pradesh issued the U.P. Coal Control Order, 1977 under Section 3 of the Essential Commodities Act, 1955, requiring licences for brick kilns using slack coal and imposing conditions on the sale, price, size and export of the bricks produced. Brick manufacturers challenged the …

AJIT SINGH AND ORS.versusSTATE OF PUNJAB AND ORS.

1999 INSC 546Dismissed

The Supreme Court examined review petitions that sought to overturn the view that Article 16(4) of the Constitution creates a fundamental right to reservation in public employment. The petitions relied on observations in Indira Sawhney that the reservation power was justified as a reasonable …

THE MUNICIPAL COUNCIL, AHMEDNAGAR AND ANR.versusSHAH HYDER BEIG AND ORS.

1999 INSC 549Appeal(s) allowed

The Municipal Council of Ahmednagar issued a notification under the Maharashtra Regional and Town Planning Act, 1966 on 15 May 1971 and, after a compensation award on 26 April 1976, took possession of land. The respondents, Shah Hyder Beig and others, filed a writ petition in 1992—21 years after the …

HYDERABAD ASBESTOS CEMENT PRODUCTS AND ANR.versusUNION OF INDIA AND ORS.

1999 INSC 544Dismissed

Hyderabad Asbestos Cement Products and another manufactured asbestos cement items using cement and asbestos fibre, each excisable under different tariff items. The company sought credit for excise duty paid on the raw materials against duty on the finished products under Rule 56A of the Central …

HYDERABAD KARNATAKA EDUCATION SOCIETYversusREGISTRAR OF SOCIETIES AND ORS.

1999 INSC 545Appeal(s) allowed

The Hyderabad Karnataka Education Society filed an appeal against a Karnataka High Court judgment that struck down its Rule 7A, which automatically terminates an ordinary member’s membership if the annual subscription of Rs.25 is not paid by the end of March. The respondents, former ordinary …

C.K. RAVEENDRANversusSTATE OF KERALA

1999 INSC 542Appeal(s) allowed

The appellant, C.K. Raveendran, was married to Yashoda who later went missing and her body was discovered in a ravine. The prosecution alleged that Raveendran killed her, relying on circumstantial evidence such as sightings of the couple together in a jeep, the recovery of Yashoda’s wrist‑watch from …

NEW INDIA ASSURANCE COMPANYversusSHRI SATPAL SINGH AND ORS.

1999 INSC 543Dismissed

A ten‑year‑old girl died in a truck accident on 11 March 1990 while travelling as a gratuitous passenger. Her father, brother and sister claimed compensation under the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal awarded Rs. 25,000, directing New India Assurance Company, the …

MAMO AND ANR.versusCOMMITTEE OF MANAGEMENT SHRI GURDWARA SAHIB AND ORS.

1999 INSC 539Dismissed

The plaintiff, a Sikh Gurdwara, sued the heirs of a former mortgagee for possession of a notified agricultural land that had been gifted to the Gurdwara but remained in the possession of the mortgagee. An earlier suit against the local Gurdwara committee, filed within the 90‑day period prescribed by …

COLLECTOR OF CUSTOMSversusM/S. MODI RUBBER LTD.

1999 INSC 536Dismissed

Mis. Modi Rubber Ltd. imported styrene‑butadiene latex and claimed exemption from customs duty under Notification No. 82/86 (as amended) which exempts raw rubber and latex. Clause IA of the notification excludes "styrene butadiene rubber and oil‑extended styrene butadiene rubber". The Customs …

PUNJAB WAKF BOARDversusGRAM PANCHAYAT @ GRAM SABHA

1999 INSC 540Dismissed

The Punjab Wakf Board claimed ownership of a parcel of land that it had declared a Muslim graveyard by a 1970 notification under the Wakf Act, 1954, and sought a declaration of title. The Gram Panchayat contested the claim, asserting that the land was recorded as community property and used for …

ELECTION COMMISSION OF INDIA AND ANR.versusDR. MANMOHAN SINGH AND ORS.

1999 INSC 537Dismissed

Dr. Manmohan Singh, then a Union Cabinet Minister, filed Form No.1 under the Registration of Electors Rules, 1960 stating that but for his office he would be ordinarily resident in the Dispur Assembly constituency of Assam. The Election Commission questioned this declaration, initiated an enquiry …

STATE OF WEST BENGALversusRASHMOY DAS AND ORS .

1999 INSC 541Appeal(s) allowed

The Excise Department of West Bengal seized a large quantity of spirit and arrested several persons. Because the investigation and filing of the prosecution report extended beyond six months from the date of the alleged offence, the Department sought a magistrate’s order under CrPC Section 167(5) to …

NATIONAL ENGINEERING INDUSTRIES LTD.versusSTATE OF RAJASTHAN AND ORS.

1999 INSC 538Appeal(s) allowed

National Engineering Industries Ltd. (employer) had three unions: a recognised majority Labour Union, a Staff Union and a minority Workers' Union. A tripartite settlement was reached in conciliation proceedings with the Labour and Staff unions covering most demands, and the Workers' Union also …

RAMAN BHAI NARAN BHAL PATEL AND ORS.versusSTATE OF GUJARAT

1999 INSC 534Dismissed

The appellants (Accused Nos. 1‑4 and 6) were convicted for murder, attempted murder and related offences after a group assault on a printing press and the deceased’s residence, resulting in the death of Ramanbhai Mohanbhai. The prosecution relied on a dying declaration, medical evidence, and …

PADAM SINGHversusSTATE OF U.P.

1999 INSC 535Appeal(s) allowed

Padam Singh was convicted by a Sessions Court and upheld by a two‑judge High Court bench for murder and related offences under Sections 302, 307, 148, 452, 324 and 149 of the IPC, based largely on the testimony of four eyewitnesses who were hostile to the accused. The prosecution failed to explain …

MUJEEB AND ANR.versusSTATE OF KERALA

1999 INSC 532Appeal(s) allowed

The appellants Mujeeb, Johnson and Akbar were accused of hiring the taxi of driver Balan, intoxicating him with a soft drink allegedly mixed with sleeping tablets, strangling him, and disposing of his body, followed by tampering with the vehicle's registration. The prosecution relied solely on …

ISHWAR DASS JAIN (DEAD) THROUGH L.RS.versusSOHAN LAL (DEAD) BY L.RS.

1999 INSC 533Appeal(s) allowed

The appellant, the legal representative of the mortgagor, filed a suit for redemption of a usufructuary mortgage and possession of a shop. The defendant claimed the mortgage was a sham designed to evade rent‑control law and that the parties were landlord and tenant. The trial court and the first …

ANIL HADAversusINDIAN ACRYLIC LIMITED

1999 INSC 531Dismissed

The appellant, a director of Mis. Rama Fibres Ltd, was charged under Section 138 of the Negotiable Instruments Act for dishonoured cheques. The company faced winding‑up proceedings, and the magistrate suspended prosecution against the company but proceeded against the directors. The appellant argued …

ANIL KUMAR GUPTA AND ORS.versusMUNICIPAL CORPORATION OF DELHI AND ORS.

1999 INSC 529Disposed off

The Supreme Court examined appeals arising from the Delhi High Court’s order on the appointment of Assistant Engineers (Civil) in the Municipal Corporation of Delhi. The Court held that respondents could challenge adverse findings of the High Court even without filing a separate appeal. It clarified …

RAM DOSSversusK. THANGAVELU

1999 INSC 530Appeal(s) allowed

Ram Doss purchased a building that was occupied by K. Thangavelu, who refused to acknowledge him as landlord and stopped paying rent. The Rent Controller, after examining the sale deed and rent accounts, held that a landlord‑tenant relationship existed and ordered eviction; the tenant's appeal was …

HARIDAS PARSEDIAversusURMILA SHAKYAND ORS.

1999 INSC 525Appeal(s) allowed

Three SC clerks of the Madhya Pradesh Transport Department were appointed as Transport Sub‑Inspectors through a limited direct recruitment exam that gave a 10% relaxation in the required 50% passing marks, allowing them to pass with 40%. The exam was conducted only among SC/ST candidates for …

STATE OF HIMACHAL PRADESHversusTARA DUTT AND ANR.

1999 INSC 526Appeal(s) allowed

The State of Himachal Pradesh charged Tara Dutt and others under IPC sections 468, 420, 120‑B and the Prevention of Corruption Act for forging receipts in 1983. The charge‑sheet was filed in 1987 and cognizance was taken the same year. The Special Judge acquitted them of the charged offences but …

MANOHAR M. GALANIversusASHOK N. ADVANI

1999 INSC 523Appeal(s) allowed

Manohar M. Galan filed criminal complaints alleging that Kishore Keswani had lodged false FIRs against him and his family, leading to their arrest. A social activist filed a public interest petition (PIP) in the Gujarat High Court, which directed an inquiry into alleged scandal in a subordinate …

RAM LAKHAN ETC. ETC.versusPRESIDING OFFICER AND ORS.

1999 INSC 522Appeal(s) allowed

The appellants, employees of Swatantra Bharat Mill, were charged and suspended in 1986 while an industrial dispute was pending before the Industrial Tribunal. The management filed an application under Section 33(1) of the Industrial Disputes Act, 1947, seeking permission to dismiss the employees …

HABIBUNNISA BEGUM AND ORS.versusG. DORAIKANNU CHETTIAR (D) BY LRS. AND ORS.

1999 INSC 524Appeal(s) allowed

The landlord leased a premises under a single lease deed covering Door No.27, which later acquired an additional number (Door No.28) after a road split the property. The tenant constructed structures on both doors, claimed ownership of the structures, and paid rent only for the land, leading the …

A.P. AGGRAWALversusGOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI AND ANR.

1999 INSC 520Appeal(s) allowed

The appellant, A.P. Aggarwal, was the second name on a selection panel for the post of Member, Sales‑Tax Appellate Tribunal. After the first appointee resigned within six months, the Central Government, contrary to Office Memorandum No. 39021118/84 dated 14‑May‑1987 and Section 13(4) of the Delhi …

MUNNALAL AGARWALversusJAGDISH NARAIN AND ORS

1999 INSC 521Dismissed

The landlord of a shop served a notice on 8 October 1972 to enhance rent under Section 5 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, but the tenant received it on 19 October, after the three‑month deadline that expired on 16 October 1972. The tenant refused to …

THOMAS ANTONYversusVARKEY VARKEY

1999 INSC 519Dismissed

The respondent, owner of a suit land, sued the appellant for possession and mesne profits, while the appellant claimed to be a tenant under an oral lease dated 1971. The trial court referred the tenancy question to the Kerala Land Tribunal under Section 125(3) of the Kerala Land Reforms Act, 1963; …

TRANSPORT CORPORATION OF INDIAversusEMPLOYEES STATE INSURANCE CORPORATION AND ANR.

1999 INSC 518Dismissed

The Transport Corporation of India, a public carrier with its registered head office in Secunderabad, Andhra Pradesh, was covered by a notification issued by the Andhra Pradesh Government under Section 1(5) of the Employees' State Insurance Act, 1948. The corporation argued that this notification …

KONDETI SURYANARAYANA AND ORS.versusPINNINTHI SESHAGIRI RAO

1999 INSC 517Appeal(s) allowed

The landlord sought eviction of two shop tenants on grounds of rent default and claimed the building was required for demolition based on Vastu Shastra advice. The Rent Controller permitted eviction and demolition without ordering reconstruction, as required by Section 12 of the Andhra Pradesh …

DR. NARAYAN SHARMA AND ANR. ETC.versusDR. PANKAJ KR. LEHKAR AND ORS. ETC.

1999 INSC 516Case Partly allowed

The Supreme Court examined the constitutionality of several reservation provisions in the Assam Medical Colleges (Regulation of Admission to Post‑Graduate Courses) Rules, 1997, specifically the NEC quota, teachers quota, and State Health Service quota, as well as the exemption of certain categories …

RAJESH GOVIND JAGESHAversusSTATE OF MAHARASHTRA

1999 INSC 508Disposed off

The accused were convicted for the murder of Joy Kutty under Section 302 read with Section 34 IPC. The Supreme Court examined whether the identification parade of Accused No.2 (Rajesh Govind Jagesha) was conducted properly, noting an unexplained delay and a change in his appearance that rendered the …

STATE OF HIMACHAL PRADESHversusLEKH RAJ AND ANR.

1999 INSC 509Case Partly allowed

The State of Himachal Pradesh appealed the acquittal of Lekh Raj and Diwan Chand for the alleged rape of a 55‑year‑old widow. The prosecution relied on the victim's testimony, her injuries, and forensic evidence of blood and semen on her torn salwar. The High Court had set aside the conviction on …

AJIT KUMAR RATHversusSTATE OF ORISSA

1999 INSC 510Appeal(s) allowed

The appellant, an engineer promoted on an ad‑hoc basis in 1972 pending Public Service Commission approval, challenged the seniority list that placed direct recruits appointed the same year ahead of him. The Orissa Administrative Tribunal initially held the appellant senior, but on review reversed …

RAVNEET SINGH BAGGAversusM/S. KLM ROYAL DUTCH AIRLINES AND ANR.

1999 INSC 511Dismissed

The appellant booked a journey from New Delhi to New York with KLM (respondent No.1) and also secured an earlier connecting flight with TWA (respondent No.2). At Amsterdam, KLM staff, suspecting irregularities in his US visa (photocopy of photograph and dual bookings), delayed his onward travel for …

ORIENTAL INSURANCE CO. LTD.versusSAMA YANALLUR PRIMARY AGRICULTURAL COOP. BANK

1999 INSC 512Appeal(s) allowed

The Oriental Insurance Company issued a burglary insurance policy to SAMA Yanallur Primary Agricultural Co‑op Bank covering loss of cash or jewellery kept in a "safe". A burglary resulted in the theft of a cashier's cash box containing cash and pledged jewellery. The District Consumer Forum allowed …

THE STATE OF BIHAR ETC.versusDR. BRAJ KUMAR MISHRA AND ORS.

1999 INSC 513Dismissed

Dr. B.K. Mishra (Respondent No.1) was selected for promotion to Professor under a 16‑year time‑bound scheme in 1990 with retrospective effect from 1‑Feb‑1985, but the promotion was provisional pending approval of the Bihar State University Services Commission. The Commission delayed action and later …

AJIT CHOPRAversusSADHU RAM AND ORS.

1999 INSC 514Appeal(s) allowed

The plaintiff, Ajit Chopra (through his legal representative), purchased a property in 1957 subject to pending rent‑control litigation between the vendor and the tenant, Sadhu Ram. The tenant denied any landlord‑tenant relationship and claimed title by adverse possession, leading to a fresh eviction …

DADARAO AND ANR.versusRAMRAO AND ORS.

1999 INSC 515Disposed off

The plaintiff, successor to Tukaram Devsarkar, entered into a 1969 agreement to purchase three acres of land from Balwantrao Ganpatrao Pande for Rs.2,000, paying Rs.1,000 as earnest money and stipulating that a sale deed be executed by 15‑April‑1972. The agreement contained a clause that if either …

MAKHAN LAL GOKUL CHANDversusTHE ADMINISTRATOR, UNION TERRITORY OF DELHI AND ANR.

1999 INSC 507Dismissed

M.L. Gokul Chand was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the General Clauses Act. He challenged the detention order through three successive writ petitions and Special Leave Petitions, all of which were dismissed. On 7 May 1983 he …

STATE OF U.P.versusUDAI NARAYAN AND ANR.

1999 INSC 504Appeal(s) allowed

The State of Uttar Pradesh prosecuted Udai Narain, an Additional Collector of Customs, and Reshamwala, a private individual, for allegedly receiving Rs.2 lakh in a corrupt transaction at Lucknow airport. They were charged under Sections 8, 10, 13(2) read with 13(1)(d) of the Prevention of Corruption …

STATE OF MAHARASHTRAversusKESHAV RAMCHANDRA PANGARE AND ANR.

1999 INSC 505Appeal(s) allowed

Respondent K.R. Pangare, a retired Deputy Engineer of the Maharashtra Public Works Department, was charged in 1990 with multiple offences under the Indian Penal Code and the Prevention of Corruption Act. Although sanction for prosecution was obtained in August 1989, he challenged the criminal …

M/S. OMPARKASH SHIVPRAKASHversusK.I. KURIAKOSE AND ORS.

1999 INSC 506Appeal(s) allowed

The case concerned an order by a Judicial Magistrate that impleaded Mis. Omprakash Shivprakash Ltd as the sixth accused in a prosecution under Section 16(1) of the Prevention of Food Adulteration Act, 1954. The appellant challenged the order, arguing that the magistrate had no jurisdiction to invoke …

STATE OF UTTAR PRADESHversusCHANDRIKA

1999 INSC 502Appeal(s) allowed

The respondent Chandrika and two others were charged with murder under IPC sections 302, 307 and 34. The Sessions Court convicted Chandrika under section 304 and sentenced him to eight years' rigorous imprisonment. On appeal, Chandrika did not contest the conviction but sought a plea bargain on the …

MOHAMMED KUNJU AND ANR.versusSTATE OF MAHARASHTRA

1999 INSC 503Disposed off

Two local residents stood as sureties for the bail of a foreign national charged with offences under the IPC and foreigner statutes. The magistrate later relaxed one of the bail conditions, after which the accused absconded, leading to forfeiture of the bail bonds and a penalty of Rs.25,000 against …

MATHURAM AGRAWALversusSTATE OF MADHYA PRADESH

1999 INSC 498Appeal(s) allowed

The appellants, joint owners of thirteen houses, were assessed a property tax by the Raigarh Municipal Council under the Madhya Pradesh Municipalities Act, 1961, which aggregated the annual letting values of all their properties and taxed the aggregate despite each property’s individual letting …

JNANEDAYA YOGAM AND ANR.versusK.K. PANKAJAKSHY AND ORS.

1999 INSC 500Dismissed

The Kerala Government issued a notification under the Land Acquisition Act, 1894 to acquire a small parcel of land bearing a shop owned by K.K. Pankajakshy, alleging the need to provide a passage for the annual temple procession of Sree Jagannath Temple managed by Jnaneda Ya Yogam. The High Court …

MUKESH KUMAR AND ORS.versusCOL. HARBANS WARAICH AND ORS.

1999 INSC 496Dismissed

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 …

MAHANT RAM PRAKASH DASSversusRAMESH CHANDRA AND ORS.

1999 INSC 492Dismissed

In the 1997 Dasuya Assembly election, the appellant Mahant Ram Prakash Dass lost to respondent Ramesh Chandra by 53 votes and sought a recount under Rule 63(2) of the Conduct of Election Rules, 1961. The Returning Officer rejected the application, and the High Court dismissed the election petition …

M.S. AHLAWATversusSTATE OF HARYANA AND ANR.

1999 INSC 493Appeal(s) allowed

M.S. Ahlawat, a police officer, filed forged affidavits and made false statements before the Supreme Court, which subsequently convicted him under Section 193 of the Indian Penal Code (perjury) and Article 129 of the Constitution (contempt) by way of a show‑cause notice. Ahlawat challenged the …

MAHENDRA PALversusRAM DASS MALANGER AND ORS.

1999 INSC 494Appeal(s) allowed

Mahendra Pal, a candidate of the Indian National Congress, challenged the election of R.D. Malanger, a Bharatiya Janata Party candidate, to the Himachal Pradesh Vidhan Sabha from the Kutlehar constituency. The petition alleged that 35,310 ballot papers were distributed but 35,318 were counted, …

M/S. FORAGE AND CO.(OF LUSHALA)versusMUNICIPAL CORPN. OF GREATER BOMBAY AND ORS.

1999 INSC 495Dismissed

Mis. Forage & Co., an importer of zinc oxide, contended that octroi could not be levied on the product because Schedule H, Class IV of the Bombay Municipal Corporation Act, 1888, pertains only to articles used in construction, and zinc oxide is used solely in rubber manufacturing. The Bombay High …

HUSSAINversusSTATE OF KERALA

1999 INSC 497Appeal(s) allowed

The appellant was found in possession of six ampoules of buprenorphine, a psychotropic substance, and was convicted under Section 20(b)(i) read with Section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He claimed the drug was for personal medical use as prescribed by his doctor. …

MOLAI AND ANR.versusSTATE OF MADHYA PRADESH

1999 INSC 486Dismissed

Molai, a jail guard, and Santosh, a prisoner, were convicted of raping, strangling and murdering Naveen, the 16‑year‑old daughter of an assistant jailor, and disposing of her body in a septic tank. The prosecution relied on circumstantial evidence, forensic findings of human blood on a knife, and …

BALBIRversusSTATE OF HARYANA AND ANR.

1999 INSC 487Appeal(s) allowed

The appellant Balbir was convicted of murder under Section 302 IPC based on a private complaint, while a separate police‑filed case led to the acquittal of another accused, Guria, for the same killing. Both cases were tried before the same Sessions Judge but were not consolidated, and the appellant …

M/S. BHOR INDUSTRIES LTD.versusTHE COLLECTOR OF CENTRAL EXCISE, BOMBAY

1999 INSC 488Appeal(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 …

JEET MOHINDER SINGHversusHARMINDER SINGH JASSI

1999 INSC 490Dismissed

The Supreme Court dismissed Civil Appeal No.154 of 1999 filed by Jeet Mohinder Singh challenging the election of Harminder Singh Jassi. The Court held that the respondent's nomination paper was validly accepted because the required copy of the electoral roll was produced before scrutiny, and the …

KRISHNA MOHINIversusMOHINDER NATH SOFAT

1999 INSC 491Dismissed

In the Solan constituency election, the petitioner Mohinder Nath Sofat challenged the election of Krishna Mohini on two grounds: the alleged improper rejection of the nomination papers of Pritam Chand and Mohan Singh, who were alternate candidates of unrecognised parties, and the alleged illegal …

UNION OF INDIA AND ORS.versusSADHA SINGH

1999 INSC 485Dismissed

Sadh Singh was convicted by a General Court Martial under Section 302 IPC and Section 69 of the Army Act for murder and sentenced to life imprisonment. He had served 11 years and 1 month in actual custody, 1 year 7 months 29 days in pre‑trial detention and had earned a remission of four years, which …

DR. (MRS.) SANDHYA JAINversusDR. SUBHASH GARG AND ANR.

1999 INSC 482Dismissed

The appeal concerned the promotion of Dr. Subhash Garg, a lecturer in the Madhya Pradesh College of Dentistry, to the post of Reader. The MP Medical Education (Gazetted) Service Recruitment Rules, 1987 provided five Reader posts but specified promotion criteria for only four, leaving the fifth post …

RISHI NANDAN PANDIT AND ORS.versusSTATE OF BIHAR

1999 INSC 484Appeal(s) allowed

Twelve accused were convicted under Sections 394 and 395 of the IPC for a dacoity and sentenced to ten years' rigorous imprisonment. Their appeal before the Patna High Court was heard by a single judge after the appellants' counsel failed to appear, and the appeal was dismissed on merits, confirming …

NARMADA BACHAO ANDOLANversusUNION OF INDIA AND ORS.

1999 INSC 483Disposed off

The State of Gujarat moved the Supreme Court alleging that the Narmada Bachao Andolan (NBA) and its leaders, as well as author Arundhati Roy, were violating interim injunctions and attempting to prejudice pending proceedings on the height of the Sardar Sarovar dam by issuing press releases, …

AHAMED NASSARversusSTATE OF TAMIL NADU AND ORS.

1999 INSC 480Appeal(s) allowed

Ahamed Nassar was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) for alleged smuggling of cellular phones and cigarettes. He filed a representation on 21 May 1999, which was processed with short postal delays that …

DWARIKA PRASAD SATPATHYversusBIDYUT PRAVA DIXIT AND ANR.

1999 INSC 481Dismissed

The husband, D.P. Satpathy, claimed that his marriage to B.P. Dixit was performed under duress and therefore invalid, and also denied paternity of the child born shortly after the ceremony. The wife filed an application under Section 125 of the Criminal Procedure Code for maintenance for herself and …

COASTAL CHEMICALS LTD. ETC.versusCOMMERCIAL TAX OFFICER, A.P. AND ORS. ETC.

1999 INSC 479Dismissed

Coastal Chemicals Ltd purchased natural gas from ONGC and used it as fuel in the manufacture of paper. The company claimed a concessional tax rate under Section 5‑B(1) of the Andhra Pradesh General Sales Tax Act, 1957, arguing that the gas was a "consumable". The High Court dismissed the writ …

DENTAL COUNCIL OF INDIA AND ANR. ETC.versusDR. H.R. PREM SACHDEVA AND ORS. ETC.

1999 INSC 478Disposed off

The Supreme Court examined the provisions of the Dentist Act, 1948 and the Dental Council (Election) Regulations, 1952 to determine the permissible duration of a Dental Council member's term when elections are not held within the prescribed five‑year period. Section 6(1) states that a member holds …

RAGHUNATH G. PANHALE (DEAD) BY LRS.versusM/S. CHAGANLAL SUNDARJI AND CO.

1999 INSC 476Appeal(s) allowed

The original landlord filed an eviction suit under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, claiming a bonafide and reasonable requirement for the premises. After his death, his heirs amended the plaint to assert their own requirement of starting a grocery business due to …

STATE OF MANIPUR AND ORS.versusSANASAM ONGBI AND ANR.

1999 INSC 475Appeal(s) allowed

The State of Manipur detained Sanasam Ongbi under Section 3(3) of the National Security Act, 1980. The Gauhati High Court quashed the detention order, holding that the State had violated Section 3(5) because the report of the detention did not reach the Central Government within seven days. On …

AHMEDABAD MUNICIPAL CORPORATION AND ANR.versusNILAYBHAI R. THAKORE AND ANR.

1999 INSC 477Appeal(s) allowed

The Ahmedabad Municipal Corporation (AMC) runs N.H.L. Municipal Medical College and, through Rules 6(i) and 7, defined a "local student" as one who passed qualifying examinations from schools located within the municipal limits. Permanent residents of Ahmedabad who obtained their qualifications from …

SHEELAM RAMESH AND ANR.versusSTATE OF ANDHRA PRADESH

1999 INSC 471Dismissed

The appellants, members of the Peoples War Group, were convicted for firing at two ex‑members of the group at a hair‑cutting salon, resulting in the death of one victim. The trial court relied on the testimony of four eye‑witnesses who identified the accused under street‑light and shop‑light …

RAMESH CHAND SHARMA ETC.versusUDHAM SINGH KAMAL AND ORS.

1999 INSC 472Appeal(s) allowed

Ramesh Chand Sharma was promoted to Assistant Legislative Draftsman (Hindi) Class II, while senior employee Udham Singh Kamal was passed over because he lacked three years of experience in the feeder cadre. Kamal filed a representation which was rejected on 2 July 1991 and subsequently filed an …

GUJARAT STEEL TUBE CO. LTD.versusVIRCHANDBHAI B. SHAH AND ORS.

1999 INSC 474Dismissed

The landlord filed a suit for eviction of the tenant company for non‑payment of rent and, during the suit, sought an order under Section 11(4) of the Bombay Rents, Hotel and Lodging House Rates Control Act directing the tenant to deposit the arrears. The tenant argued that, because it had been …

HINDUSTAN CONSTRUCTION CO. LTD.versusSTATE OF BIHAR AND ORS.

1999 INSC 467

Hindustan Construction Co. Ltd. (HCCL) entered into a dam construction contract with the State of Bihar and furnished two bank guarantees – a Performance Guarantee to the Chief Engineer and a Mobilisation Advance Guarantee to the Executive Engineer. The State invoked both guarantees, prompting HCCL …

CENTRAL BUREAU OF INVESTIGATION ETC.versusV.K. SEHGAL AND ANR.

1999 INSC 468Appeal(s) allowed

The CBI and the State of Haryana prosecuted V.K. Seghal, a public servant, under Section 161 IPC and Section 5(2) of the Prevention of Corruption Act, 1947 for receiving a bribe. The Special Judge convicted him and sentenced him to two years' rigorous imprisonment and a fine. Seghal appealed to the …

AV. REDDY TRUST AND ORS.versusCOMMISSIONER OF WEALTH TAX

1999 INSC 469Appeal(s) allowed

A.V. Reddy created four trusts for his grandchildren and daughter, appointing himself as sole trustee. The trusts stipulated that the corpus would be transferred to beneficiaries only after they attained a specified age, making their interests contingent and indeterminate at the valuation dates. The …

STATE OF HARYANAversusUNIQUE FARMAID (P.) LTD. AND ORS.

1999 INSC 462Dismissed

The Insecticide Inspector collected samples of a monochrotophos insecticide and, after a quality‑control laboratory report declared them misbranded, issued notices to the shop‑keeper and the manufacturer, Unique Farmaid Pvt. Ltd. The manufacturer requested that the samples be re‑analysed by the …

THYSSEN STAHLUNION GMBH ETC.versusSTEEL AUTHORITY OF INDIA LTD.

1999 INSC 463

The Supreme Court examined three appeals concerning the applicability of the Arbitration and Conciliation Act, 1996 (the new Act) versus the Arbitration Act, 1940 (the old Act) and the Foreign Awards Act, 1961. In Thyssen Stahlunion GmbH v. SAIL (CA 6036/98), arbitral proceedings began in 1995 under …

MAHARAJA CHINTAMANI SARAN NATH SAHDEOversusSTATE OF BIHAR AND ORS.

1999 INSC 464Dismissed

Maharaja Chintamani Saran Nath Sahdeo, a proprietor of mines and minerals, received compensation under the Bihar Land Reforms Act, 1950 calculated at three times his net annual income and later accepted an additional payment calculated at ten times the income. The Member, Board of Revenue later …

CENTRAL BANK OF INDIA AND ANR.versusSAXONS FARMS AND ORS.

1999 INSC 465Appeal(s) allowed

The Central Bank of India sued Saxons Farms for issuing three cheques that were returned unpaid due to insufficient funds. The bank sent two written notices within fifteen days, each demanding payment and warning of criminal action if the cheques were again dishonoured. After the cheques were …

LEELA RAM (D) THROUGH DULI CHANDversusSTATE OF HARYANA AND ANR.

1999 INSC 461Appeal(s) allowed

The accused Om Prakash was charged under Section 302 IPC and Section 27 of the Arms Act for shooting Maman Ram during a village dispute. The trial court convicted him based on eye‑witness testimony, ballistic evidence and the post‑mortem report, sentencing him to life imprisonment. The Punjab & …

SATVINDER KAURversusSTATE (GOVT. OF N.C.T. OF DELHI) AND ANR.

1999 INSC 455Appeal(s) allowed

Satvinder Kaur filed a complaint alleging dowry harassment and torture by her husband Rajinder Singh and his parents in Patiala. An FIR under IPC sections 406 and 498A was later lodged in Delhi. The husband sought quashing of the FIR on the ground that the Delhi police officer lacked territorial …

STATE OF KARNATAKAversusK. YARAPPA REDDY

1999 INSC 456Appeal(s) allowed

The State of Karnataka prosecuted K. Y. Reddy under Section 302 IPC for murdering his lover Rekha with a chopper inside the house of a family friend (PW‑11). The trial court convicted Reddy based primarily on the eye‑witness testimony of PW‑11, who saw the accused stab the victim, and on forensic …

SMT. KAMLESH KOHLI AND ANR.versusESCOTRAC FINANCE AND INVESTMENT LTD. AND ORS.

1999 INSC 457Dismissed

The respondents filed a summary suit under Order XXXVII of the CPC for recovery of Rs.85,62,500 based on a memorandum of agreement signed by the plaintiffs and the defendants. Defendants 1 and 2 applied for unconditional leave to defend, which was dismissed by the trial judge, while the trial judge …

MANZOOR AHMED MARGRAY ETC.versusGULAM HASSAN ARAM AND ORS.

1999 INSC 458Disposed off

The defendants appealed against a Jammu & Kashmir High Court decree ordering specific performance of an agreement to sell orchard land. The Supreme Court examined whether a penalty clause in the contract barred specific performance, whether the plaintiff was ready to perform, and whether part …

U. NILANversusKANNAYYAN (DEAD) THROUGH LRS.

1999 INSC 459Dismissed

The mortgagor (respondent) had mortgaged property to the appellant and, after default, the property was auctioned and the sale was confirmed. The mortgagor filed several applications to set aside the sale and its confirmation, which were dismissed, leading to appeals before the High Court. While …

SHRI MAHABIR PRASAD JAINversusSHRI GANGA SINGH

1999 INSC 454Appeal(s) allowed

The respondent, Ganga Singh, first obtained an injunction against M.P. Jain and the Municipal Corporation and later filed a suit under Section 6 of the Specific Relief Act seeking possession of a tuck‑shop premises. The trial court, despite finding that the respondent was not a tenant of the …

SUKHARversusSTATE OF UTTAR PRADESH

1999 INSC 451Appeal(s) allowed

The appellant, Sukhar, was convicted under Section 307 IPC for allegedly shooting his uncle Nakkal, who later died. The prosecution relied on the FIR, the victim's statements, and the testimony of PW2, who claimed the victim identified Sukhar as the shooter after PW2 arrived at the scene. The …

S.L. CHANDRAKISHORE SINGH ETC. ETC.versusSTATE OF MANIPUR AND ORS. ETC. ETC.

1999 INSC 452

The petitioners, police officers of the Manipur Police Service, were appointed in officiating capacity under Rule 24 and later re‑appointed under Rule 5(1)(b) and Rule 16, but their officiating service was ignored in the seniority list. They challenged the order in the Gauhati High Court; a Single …

RAJ KUMARversusRAMESHCHAND AND ORS.

1999 INSC 453Appeal(s) allowed

Raj Kumar, a mentally retarded owner of premises, filed an eviction petition through his father who was appointed as his guardian and next friend under Order 32, Rule 1 read with Rule 15 of the CPC. The rent‑control authority dismissed the petition and the appellant sought a civil revision. The High …

ASHWANI KUMAR AND ANR. ETC.versusREGIONAL TRANSPORT AUTHORITY, BIKANER AND ANR.

1999 INSC 447Dismissed

The appellants were granted stage‑carriage permits by the Regional Transport Authority (RTA), Bikaner, to ply buses on a Sangaria‑Delhi inter‑state route. The Rajasthan Road Transport Corporation challenged the permits, arguing that the route was covered by a reciprocal transport agreement between …

SUDERSHAN DEVI AND ANR.versusSUSHILA DEVI AND ANR.

1999 INSC 448Dismissed

The landlord Sushila Devi filed an eviction suit under Section 20(4) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, alleging that the tenant had defaulted in rent for 33 months. The summons fixed the first hearing for 22‑Feb‑1990, but the tenant, who died …

K. BHASKARANversusSANKARAN VAIDHYAN BALAN AND ANR.

1999 INSC 450Case Partly allowed

The appellant K. Bhaskaran was accused of issuing a Rs.1 lakh cheque that was dishonoured for insufficient funds. The complainant, his brother, sent a notice of demand by registered post, which was returned as 'unclaimed'. The trial magistrate acquitted the appellant on the grounds of lack of …

KOLI CHUNILAL SAVJI AND ANR.versusSTATE OF GUJARAT

1999 INSC 445Dismissed

The husband and mother‑in‑law of Dhanuben were alleged to have set fire to her and her son, resulting in their deaths. Two dying declarations were recorded – one by a police officer and another by an Executive Magistrate – but the trial court excluded them and acquitted the accused of murder while …

GARDEN SILK MILLS LTD. AND ANR. ETC. ETC.versusUNION OF INDIA AND ORS .

1999 INSC 446Dismissed

Garden Silk Mills Ltd. and other importers brought several appeals challenging the Customs Department’s addition of landing charges to the CIF price of polyester yarn imported under CIF contracts for the purpose of determining assessable value under Section 14(1)(a) of the Customs Act, 1962. The …

DELHI ELECTRIC SUPPLY UNDERTAKINGversusBASANTI DEVI AND ANR.

1999 INSC 444Disposed off

The Life Insurance Corporation (LIC) offered a Salary Savings Scheme under which Delhi Electric Supply Undertaking (DESU) deducted insurance premiums from its employees' salaries and remitted them to LIC. DESU failed to remit premiums for two months, after which an employee died and his widow …

JAI KARANversusSTATE OF (N.C.T. OF DELHI)

1999 INSC 443Appeal(s) allowed

The appellant, Jai Karan, was convicted under Section 302 IPC for allegedly burning his wife, Wanti Devi, based solely on her dying declaration recorded by a doctor in a hospital. The trial and High Courts held the declaration reliable, but the Supreme Court examined the circumstances surrounding …

T.H. MUSTHAFFAversusM.P. VARGHESE AND ORS.

1999 INSC 440Dismissed

In the Kerala Legislative Assembly election for Kunnathunadu, respondent No.1 was declared elected by a margin of 60 votes. The appellant filed an election petition alleging double voting, impersonation, and that about 300 votes were cast using a wrong instrument for marking ballot papers, seeking a …

UNION BANK OF INDIAversusM/S. SEPPO RALLY OY AND ORS.

1999 INSC 441Appeal(s) allowed

The Union Bank of India issued a bank guarantee for Dany Dairy & Food Engineers Ltd., which was later invoked by Seppo Rally OY, a Finnish company. Payment under the guarantee was delayed because the bank had to obtain permission from the Reserve Bank of India to remit the amount in foreign exchange …

COLLECTOR OF CENTRAL EXCISE, BARODAversusM/S. COTSPUN LTD.

1999 INSC 439Dismissed

The assessee, COTSPUN Ltd., manufactured NES yarn and had its classification list approved under Rule 173B of the Central Excise Rules, 1944. The Excise authorities later issued show‑cause notices to reopen the assessment for certain periods and re‑classified the yarn, demanding differential duty. …

STATE OF MANIPUR AND ORS.versusCHANDAM MANIHAR SINGH

1999 INSC 442Appeal(s) allowed

The State of Manipur reconstituted its State Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974, appointing a Chairman whose three‑year term was to end on 4 May 1998. After the Chairman resigned, Chandam Manihar Singh was nominated on 16 October 1996 to fill the …

RAJ DEO SHARMAversusTHE STATE OF BIHAR

1999 INSC 434Disposed off

The Central Bureau of Investigation sought clarification and modification of the Supreme Court's directions in Raj Deo Sharma I, which prescribed time limits for closing prosecution evidence to enforce the right to a speedy trial under Article 21. The Court held that the directions are prospective, …

STATE OF TAMIL NADUversusRAJENDRAN

1999 INSC 435Appeal(s) allowed

The accused Rajendran, a jobless alcoholic, was alleged to have strangled his wife and set fire to their hut, resulting in the deaths of his wife and two daughters. The trial court, relying on a series of corroborative circumstantial facts – including repeated quarrels, the accused’s presence in the …

MEENA JAYENDRA THAKURversusUNION OF INDIA AND ORS.

1999 INSC 436Dismissed

The State of Maharashtra detained Jayendra Vishnu Thakur under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) on 5 February 1992 based on customs statements that silver smuggled from Dubai was intended for him. The detention order was served only on …

GENERAL INSURANCE CORPORATION OF INDIAversusCOMMISSIONER OF INCOME TAX BOMBAY

1999 INSC 433Appeal(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 …

CHANDRA KISHORE JHAversusMAHAVIR PRASAD AND ORS.

1999 INSC 427Appeal(s) allowed

In the Bihar Legislative Assembly election, Chandra Kishore Jha filed an election petition challenging Mahavir Prasad's election. The petition was handed to the Bench Clerk on 16 May 1995, the last day of the 45‑day limitation period, but the designated election judge and the bench hearing civil …

RAMMI @ RAMESHWAR ETC.versusSTATE OF MADHYA PRADESH

1999 INSC 428Dismissed

The appellants, Rammi alias Rameshwar and Bhura alias Sajjan Kumar, were charged with murder of Sardar Singh Thakur inside a moving bus, allegedly as revenge for a prior killing. The prosecution relied on the testimony of the bus driver, the conductor, and a passenger, as well as weapons recovered …

ASSISTANT COMMISSIONER (INTELLIGENCE)versusM/S. NANDANAM CONSTRUCTION COMPANY

1999 INSC 426Appeal(s) allowed

Nandanam Construction Co., a builder of flats and houses, purchased raw materials such as sand, bricks and granite from unregistered dealers. The Assistant Commissioner of Commercial Taxes issued notices requiring the company to disclose details of these purchases under the Andhra Pradesh General …

BODDU NARAYANAMMAversusSRI VENKATARAMA ALUMINIUM CO. AND ORS.

1999 INSC 429Appeal(s) allowed

Boddu Narayanamma, the landlady, sought eviction of Sri Venkatarama Aluminium Co. and its partners who occupied a building in Rajahmundry under a composite lease containing both residential and non‑residential portions. The Rent Controller dismissed the petition, holding the landlord's requirement …

M.RAMACHANDRANversusGOVIND BALLABH AND ORS.

1999 INSC 430Appeal(s) allowed

The case concerned employees of the Central Administrative Tribunal (CAT) who were recruited under Rule 5(1) of the CAT (Group B and C Miscellaneous Posts) Recruitment Rules, 1989 and were absorbed on the same day. A dispute arose whether their inter‑se seniority should be measured from the date of …

STATE OF U.P.versusDHARMENDRA SINGH AND ANR. ETC.

1999 INSC 431Appeal(s) allowed

The State of U.P. prosecuted Dharmendra Singh and Narendra for the pre‑meditated murder of five members of a complainant’s family, including children and an elderly man, after a personal grievance and an attempted molestation. The trial court convicted them under Section 302 IPC and sentenced them …

THE STATE OF HARYANA AND ANR.versusKAMAL SINGH SAHARWAT AND ORS. ETC.

1999 INSC 432Disposed off

The petitioners, teachers in Haryana, claimed that acquiring post‑graduate qualifications entitled them to the higher pay scales of lecturers without being appointed as lecturers, relying on Government circulars of 1957 and 1968. The High Court, agreeing that the matter was covered by the Full Bench …

WEST BENGAL STATE ELECTRICITY BOARD AND ORS.versusSAMIR K. SARKAR

1999 INSC 421Appeal(s) allowed

The respondent, Samir K. Sarkar, applied for a compassionate appointment after his father, an employee of the West Bengal State Electricity Board, died within two years of his scheduled superannuation. The Board rejected the application citing an office order dated 15 March 1993, which imposes an …

TRISUNS CHEMICAL INDUSTRYversusRAJESH AGARWAL AND ORS.

1999 INSC 423Appeal(s) allowed

The Chairman of Trisuns Chemical Industry filed a complaint before a Judicial Magistrate of First Class in Gujarat alleging that the respondents, directors of a company in Madhya Pradesh, cheated them by supplying inferior toasted soybean extracts after taking advance payment. The magistrate …

GURDEEP SINGH @ DEEPversusTHE STATE (DELHI ADMN.)

1999 INSC 424Dismissed

Gurdeep Singh was convicted under Sections 302, 324 IPC, the Explosive Substances Act and the Indian Explosive Act for a bomb blast that killed three persons. The sole basis of the prosecution was his confessional statement recorded under Section 15 of the Terrorist and Disruptive Activities …

YOGINATH D. BAGDEversusSTATE OF MAHARASHTRA AND ANR.

1999 INSC 414Appeal(s) allowed

Y.D. Bagde, a judicial officer of the Maharashtra subordinate judiciary, was charged with corrupt practices and an enquiry officer found the charges not proved, recommending reinstatement. The High Court's Disciplinary Committee disagreed, issued a show‑cause notice and recommended dismissal without …

AJIT SINGH AND ORS.versusTHE STATE OF PUNJAB AND ORS.

1999 INSC 407Disposed off

The Supreme Court considered three interlocutory applications filed by the State of Punjab seeking clarification of its earlier judgments in Ajit Singh (1996) and Virpal Singh (1993) regarding seniority of reserved‑category officers promoted at roster points. The Court held that such roster‑point …

SUBE SINGH BAHMANI AND ORS. ETC. ETC.versusSTATE OF HARYANA

1999 INSC 408Disposed off

The case concerned seniority disputes between reserved‑category candidates promoted by roster and general‑category candidates in the Haryana civil services. The appellants, who were reserved candidates, claimed that circulars issued by the Haryana Government (9‑Feb‑1979 and 10‑Jan‑1997) correctly …

SH. RAM PRASAD ETC.ETCversusSH. D.K. VIJAY AND ORS. ETC. ETC

1999 INSC 409Dismissed

General‑category officers of the Rajasthan Police Service and Rajasthan Administrative Service filed writ petitions challenging the seniority of reserved‑category officers promoted at roster points, while reserved officers sought to enforce the seniority rules. The Rajasthan High Court modified …

JATINDER PAL SINGH AND ORS. ETC. ETCversusSTATE OF PUNJAB

1999 INSC 410Disposed off

The Supreme Court examined appeals by general‑category officers of the Punjab Education Department challenging a Punjab High Court order that had granted promotion to reserved‑category Head Masters/Mistresses as Principals on the basis of roster points. The Court held that the law governing …

RAMESHWAR PRASADversusMANAGING DIRECTOR U.P. RAJKIYA NIRMAN NIGAM LTD. AND ORS.

1999 INSC 415Appeal(s) allowed

The appellant, a civil engineer appointed in U.P. Small Industries Corporation, was deputed to U.P. Rajkiya Nirman Nigam Ltd. (the Nigam) in 1985 and completed five years of deputation in November 1990. He exercised his option for permanent absorption in 1987, but the Nigam neither repatriated him …

RAMESH S/O LAXMAN GAVLIversusSTATE OF MADHYA PRADESH AND ORS.

1999 INSC 416Dismissed

The case involved the murder of Kanhaiyalal, a member of a rival Gawli faction, for which Ramesh (senior) and others were convicted under IPC sections 302 and 34. The prosecution relied on eye‑witnesses PW1, PW2 and PW4, whose testimonies were corroborated by a doctor’s post‑mortem report. The …

STATE OF MAHARASHTRAversusTAPAS D. NEOGY

1999 INSC 417Appeal(s) allowed

Tapas D. Neogy, a town planner, was accused of corruptly altering zoning maps to benefit landowners, leading to charges under the IPC and the Prevention of Corruption Act, 1988. During investigation, the police sealed lockers and instructed banks not to allow operation of Neogy's bank account, …

M/S AROSAN ENTERPRISES LTD.versusUNION OF INDIA AND ANR.

1999 INSC 418Appeal(s) allowed

Mis Arosan Enterprises Ltd entered into a contract with the Union of India/FCI for the supply of 58,000 metric tonnes of sugar, stipulating that shipment by 31 October 1989 was the essence of the contract but also allowing the buyer to extend the delivery period at a discount. The buyer cancelled …

MR. FAZALUR REHMAN AND ORS.versusTHE STATE OF U.P. AND ORS.

1999 INSC 411Disposed 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 …

KERALA STATE ELECTRICITY BOARD AND ANR.versusVALSALA K. AND ANR. ETC. ETC.

1999 INSC 412Dismissed

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 …

PADMASINGHJI BAJIRAO PATIL AND ORS. ETC. ETC.versusSTATE OF MAHARASHTRA AND ORS.

1999 INSC 413Dismissed

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 …

LAL CHAND AND ANR.versusDISTRICT JUDGE AGRA AND ORS.

1999 INSC 419Dismissed

The landlord filed an eviction suit in 1976 after a shop was reconstructed in 1970. The tenant, Gian Chand, claimed he remained a statutory tenant under the United Provinces (Temporary) Control of Rent and Eviction Act, 1947, and argued that the exemption period of ten years under the U.P. Urban …

KALEM TUMBAversusSTATE OF MAHARASHTRA AND ANR.

1999 INSC 420Dismissed

Kalema Tumba, a Zaire national, arrived at Bombay Airport and his baggage was searched by Narcotics Control Bureau officers based on prior intelligence, leading to the seizure of 2 kg of heroin. The seized heroin was identified through a chemical analyser report and the appellant’s own statement …

THAMPANOOR RAVIversusCHARUPARA RAVI AND ORS.

1999 INSC 402Appeal(s) allowed

Thampanoor Ravi was elected to the Kerala Legislative Assembly and his election was challenged on two grounds: (i) that he was an "undischarged insolvent" within the meaning of Article 191(1)(c) of the Constitution, and (ii) that he had indulged in corrupt practices under Section 123 of the …

NARENDER SINGHversusMALA RAM AND ORS.

1999 INSC 403Appeal(s) allowed

The appellant, Nareder Singh, was elected to the Haryana Legislative Assembly in 1996. Defeated candidates, including Mala Ram, filed election petitions alleging that the Returning Officer had improperly rejected the nomination papers of Suresh Kumar, Yogender and Mala Ram and had improperly …

STATE BANK OF BIKANER AND JAIPURversusM/S. BALLABH DAS AND CO. AND ORS.

1999 INSC 405Appeal(s) allowed

The State Bank of Bikaner and Jaipur had advanced funds to M/s. Ballabh Das & Co. for export transactions and was insured against non‑payment by foreign buyers. When the buyers defaulted, the bank sued the exporters for the outstanding amounts. While the suits were pending, the Recovery of Debts Due …

SHRI RAVINDER KUMAR SHARMAversusTHE STATE OF ASSAM AND ORS.

1999 INSC 398Dismissed

R.K. Sharma sued the State of Assam and two police officers for malicious prosecution, seeking pecuniary damages for rice and paddy seized and non‑pecuniary damages for pain and reputation. The trial court dismissed the suit; the Gauhati High Court allowed pecuniary damages but denied non‑pecuniary …

AJAY JADHAVversusGOVERNMENT OF GOA AND ORS.

1999 INSC 399Appeal(s) allowed

The appellant, a full‑time vocational teacher, was appointed in June 1990 with the pay‑scale of Rs.1640‑2900 but was subsequently placed on a lower scale of Rs.1400‑2600 by the Directorate of Education. He challenged this denial, arguing that he possessed the requisite qualifications and that …

STATE THROUGH CBI, DELHIversusGIAN SINGH

1999 INSC 396Disposed off

After the signing of an accord between the Prime Minister and Sikh leader Sant Harchand Singh Longowal, an extremist group conspired to assassinate the Sant. Gian Singh and co‑assailants opened fire on the Sant during a public meeting on 20 August 1985, causing his death. They were overpowered, …

I.R. COELHO (DEAD) BY LRS. ETC.versusTHE STATE OF TAMIL NADU ETC.

1999 INSC 394Matter referred to larger bench

The petitioners challenged the insertion of the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 and the West Bengal Land Holding Revenue Act, 1979 into the Ninth Schedule of the Constitution after they had been struck down as unconstitutional. The issue was whether such …

SOMNATH RATHversusBIKRAM K. ARUKH AND ORS.

1999 INSC 397Appeal(s) allowed

In the 1995 Bhanjanagar Assembly election, the Returning Officer rejected the nomination of Panchanan Das (respondent No. 7) on the ground that he was a dealer under the Public Distribution System (PDS). The appellant, Somnath Rath, challenged the election of the returned candidate, Bikram K. Arukh, …

STATE OF KERALA AND ORS.versusKOKIYAT ESTATES

1999 INSC 392Disposed off

The respondent, KokiYat Estates, had mortgaged extensive plantation land to a bank, with the State of Kerala acting as guarantor. Subsequent land‑ceiling and private‑forest statutes vested large portions of the mortgaged land in the State free of encumbrances, and later the State paid off the loan …

STATE OF HIMACHAL PRADESHversusJAI LAL AND ORS.

1999 INSC 393Dismissed

The State of Himachal Pradesh alleged that accused growers and officials conspired to inflate the quantity of scab‑affected apples procured for destruction, thereby cheating the government. The prosecution’s case rested entirely on the testimony of the District Horticulture Officer, who was …

PAPARAMBAKA ROSAMMA AND ORS.versusSTATE OF ANDHRA PRADESH

1999 INSC 391Appeal(s) allowed

The appellants were convicted under Sections 302, 302/114 and 498-A of the IPC solely on the basis of the deceased's dying declaration. The Supreme Court examined whether the dying declaration was reliable, focusing on the requirement that the declarant be conscious and in a fit state of mind, which …

ALLAHABAD BANK, CALCUTTAversusRADHA KRISHNA MAITY AND ORS.

1999 INSC 389Appeal(s) allowed

Allahabad Bank filed a suit under the Recovery of Debts due to Banks and Financial Institutions Act, 1993, seeking recovery of Rs 46.54 lakhs from three respondents and applied for a temporary injunction restraining them from drawing money from Mis. Braitewaite & Co. The respondents refused to …

HINDUSTAN AERONAUTICS LTD. ETC.versusREGISTERING AUTHORITY AND ORS.

1999 INSC 390Appeal(s) allowed

Hindustan Aeronautics Ltd (HAL) operated several buses to transport its employees and their children to school and college. The Orissa Motor Vehicles Taxation Authority treated these buses as "contract carriage" under Entry 4 of the Schedule to the Orissa Motor Vehicles Taxation Act, 1986 and levied …

NEW INDIA ASSURANCE CO. LTD.versusSMT. SITA BAI AND ORS

1999 INSC 388Appeal(s) allowed

A motor accident occurred on 16 April 1987 at 10:00 am, killing Smt. Salta Bai. The bus involved was owned by respondent No. 5 and driven by respondent No. 6. The owner bought an insurance policy for the bus on the same day at 9:00 pm, and the policy expressly stated that its commencement was 16 …

RAJIV BHATIA ETC.versusGOVERNMENT OF NCT OF DELHI AND ORS.

1999 INSC 386Dismissed

The natural mother, Priyanka, filed habeas corpus petitions in both the Rajasthan and Delhi High Courts seeking the production of her daughter Akansha, alleging the child was illegally held by her brother‑in‑law after a purported adoption. The Delhi High Court examined the legality of the registered …

RAMASHISH YADAV AND ORS.versusSTATE OF BIHAR

1999 INSC 387Dismissed

The case arose from a land dispute in which thirteen accused, some armed with guns, gandasa, knives and lathis, attacked members of the complainant's party, resulting in two deaths and several injuries. The trial court convicted all accused under sections 302 and 149 IPC, sentencing them to life …

STATE OF PUNJABversusGURDEEP SINGH

1999 INSC 383Dismissed

The State of Punjab charged Gurdeep Singh with the rape and murder of a ten‑year‑old girl. The prosecution’s case rested on an extra‑judicial confession made by the accused to a taxi driver (PW‑7) after a delay of about 24 days, and on the testimony of an uncle (RS) who claimed to have seen the …

RAM SARAN MAHTO AND ANR.versusTHE STATE OF BIHAR

1999 INSC 384Appeal(s) allowed

The deceased Asha Kumari was found dead in a well at her marital home and was hurriedly cremated by her husband and relatives. The appellants, including Ram Saran Mahto, were charged under Sections 302, 34, 201, 342 and 379 IPC. While the trial court acquitted them of murder, it convicted them under …

BALRAJ TANEJA AND ANR.versusSUNIL MADAN AND ANR.

1999 INSC 385Appeal(s) allowed

Balraj Taneja and others appealed against a Delhi High Court decree granting specific performance to Sunil Madan. The High Court had passed the decree under Order 8 Rule 10 of the CPC solely because the defendants failed to file a written statement, without examining a material factual dispute …

HARI SINGHversusKANHAIYA LAL

1999 INSC 381Appeal(s) allowed

The landlord (Hari Singh) sued his tenant (Kanhaiya Lal) for eviction on grounds of rent default, sub‑letting and nuisance, and also sought fixation of standard rent under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The trial court decreed eviction finding default, sub‑letting …

M/S. ADITYA MINERALS PVT. LTD.versusCOMMISSIONER OF INCOME TAX, ANDHRA PRADESH

1999 INSC 380Dismissed

Aditya Minerals Pvt. Ltd. obtained a 15‑year mining lease with a monthly rent of Rs.35 per acre and was required to deposit an amount equal to the total rent for the lease term as a guarantee, which was adjustable against monthly rent and bore no interest. The assessee claimed this deposit as …

ASHOK GANGADHAR MARATHAversusORIENTAL INSURANCE CO. LTD.

1999 INSC 378Appeal(s) allowed

Ashok Gangadhar Mara Tha owned a Swaraj Mazda truck classified as a light motor vehicle and insured it with Oriental Insurance. The vehicle was totally damaged in an accident, but the insurer denied the claim, alleging that the driver held only a licence for a light motor vehicle and not for a …

STATE OF HARYANA AND ORS.versusBALWAN ETC.

1999 INSC 379Appeal(s) allowed

Life convicts filed writ petitions seeking premature release on the basis of remissions earned. The Punjab and Haryana High Court held that the applicable government policy was the one in force at the time of conviction and directed the State to reconsider the applications. On appeal, the Supreme …

STEEL AUTHORITY OF INDIA LTD.versusJ.C. BUDHARAJA, GOVERNMENT AND MINING CONTRACTOR

1999 INSC 375Appeal(s) allowed

The Steel Authority of India Ltd. (appellant) challenged an arbitral award that granted damages for delay in handing over a work site, which the contract expressly prohibited. The appellant also argued that the claim was barred by the three‑year limitation period under the Limitation Act, 1963. The …

LACHMAN DAS ARORAversusGANESHI LAL AND ORS

1999 INSC 373Dismissed

The appellant, Lachman Das Arora, who lost the Sirsa Assembly election held on 10 May 1996, filed an election petition on 1 July 1996 challenging the election of Ganeshi Lal. The Representation of the People Act, 1951 mandates that such petitions be presented within 45 days of the election. The …