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Judgments of 2000

608 judgments · newest first · showing 1–200

IN RE: S.K. SUNDARAMversus-

2000 INSC 602Disposed off

Advocate S.K. Sundaram sent a telegram to Chief Justice of India A.S. Anand on 3 November 2000 demanding his resignation, threatening criminal complaints under IPC sections 420, 406, 468 and 471, a writ of quo‑warranto and a demand for Rs 3 crore. He later filed a criminal complaint before a …

INDERJEET KAURversusNIRPAL SINGH

2000 INSC 605Appeal(s) allowed

The landlord, who had settled abroad, filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, claiming a bona‑fide requirement for the premises as his residence. The tenant applied for leave to defend the petition, but the Additional Rent Controller refused, treating the …

BISHWANATH PRASAD SINGH ETC.versusSTA TE OF BIHAR AND ORS

2000 INSC 601Dismissed

The petitioners, senior judicial officers in Bihar, challenged a High Court order that denied them the benefit of extending their superannuation age from 58 to 60 years, arguing that the Supreme Court’s directions in the All India Judges' Association cases automatically conferred such a right. The …

RAJASTHAN HIGH COURT ADVOCATES ASSOCIATIONversusUNION OF INDIA AND ORS.

2000 INSC 606Dismissed

The President, under the States Reorganisation Act, 1956, established a permanent bench of the Rajasthan High Court at Jaipur and defined its territorial jurisdiction over eleven districts, while retaining a discretionary power to transfer cases to the principal seat at Jodhpur. The Acting Chief …

PURAN CHAND (D) THROUGH LRS. AND ORS.versusKIRPAL SINGH (D) AND ORS.

2000 INSC 607Directions issued

The dispute concerned whether two prior mortgagees, who had become landlords after purchasing the mortgagee's interest, could retain possession of agricultural land as tenants after the mortgage was redeemed by the owners. The owners (appellants) obtained a decree for redemption and possession, …

ORIENTAL INSURANCE CO. LTD.versusCHERUVAKKARA NAFEESSU AND ORS.

2000 INSC 600Appeal(s) allowed

The legal heirs of a deceased motor‑vehicle accident victim claimed Rs 2 lakhs from Oriental Insurance Co. Ltd., the insurer of the auto‑rickshaw that caused the death. The insurer argued that its liability was capped at Rs 50,000 under the insurance policy, while the claimants relied on Section 96 …

T. SUDHAKAR PRASAD ETC.versusGOVT. OF A.P. AND ORS.

2000 INSC 595Disposed off

A contempt application was filed under Section 17 of the Administrative Tribunals Act, 1985 before the Andhra Pradesh Administrative Tribunal against the Principal Secretary for wilful disobedience of the Tribunal's order. The State and the Principal Secretary challenged the Tribunal's jurisdiction …

VANNATTANKANDY IBRAYIversusKUNHABDULLA HAJEE

2000 INSC 597Dismissed

The appellant, a tenant of a shop let under the Kerala Buildings (Lease and Rent Control) Act, 1965, saw the shop completely destroyed by fire. He rebuilt a new shop on the vacant land without the landlord's consent, prompting the landlord to sue for demolition of the new structure and possession of …

LIFE INSURANCE CORPORATION OF INDIA AND ORS.versusSMT. ASHA GOEL AND ANR.

2000 INSC 598Disposed off

The husband of Smt. Asha Goel obtained a life insurance policy from the Life Insurance Corporation of India (LIC) in 1979 and died in 1980. The widow claimed the sum assured, but LIC denied payment alleging that the deceased had misrepresented his health in the proposal. The widow filed a writ …

THE STATE OF BIHARversusCHANDRA BHUSHAN SINGH AND ORS.

2000 INSC 599Appeal(s) allowed

The respondents, railway employees, were caught stealing cement and an inquiry was conducted by a Railway Protection Force (RPF) inspector who filed a complaint before a Judicial Magistrate under the Railways Property (Unlawful Possession) Act, 1966. The accused argued that the RPF officer was not a …

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

2000 INSC 596Appeal(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 …

COMMISSIONER OF WEALTH TAXversusPRINCE MUFFAKHAM JAH BAHADUR CHAMLIJAN

2000 INSC 584Appeal(s) allowed

Prince Muffakham Jah, a beneficiary of a trust created by the late Nizam, was entitled to reside rent‑free for life in a house built by the trustees. He omitted the value of this life interest from his wealth‑tax returns for assessment years 1969‑70 to 1977‑78. The Wealth‑Tax Officer added the value …

PRADYUT BORDOLOIversusSWAPAN ROY

2000 INSC 587Dismissed

Pradyut Bordoloi, a Clerk Grade‑I in Coal India Ltd., filed his nomination for the Margherita Legislative Assembly seat. A complaint alleged that his employment constituted an "office of profit" under the Government of India, invoking disqualification under Article 191(1)(a) of the Constitution and …

K.R. LAKSHMAN AND ORS.versusKARNATAKA ELECTRICITY BOARD AND ORS.

2000 INSC 588Dismissed

The Karnataka Electricity Board (KEB) amended its 1969 Recruitment and Promotion Regulations to introduce a 1:1 ratio for promotion to the post of Junior Engineer between technically qualified direct recruits and technically unqualified promotees, within a 35% promotion quota. Direct recruits …

PIPAL SINGH ETCversusSTATE OF PUNJAB

2000 INSC 589Dismissed

Pipal Singh and Mukhtiar Singh were convicted of murder under Section 302 IPC read with Section 34, along with several others, for causing two fatal injuries to the deceased. Some co‑accused were acquitted. On appeal, the appellants argued that the acquittal of other accused barred their conviction …

INDIAN AIRLINES LTD. AND ORS.versusS. GOPALAKRISHNAN

2000 INSC 590Appeal(s) allowed

The respondent applied for the post of Junior Operator in Indian Airlines Ltd. in 1997, which required either a diploma in Mechanical/Electrical/Automobile Engineering with two years of post‑qualification experience and a heavy‑vehicle licence, or an ITI certificate with five years of …

J.K. SYNTHETICSversusRAJASTHAN TRADE UNION KENDRA AND ORS.

2000 INSC 591Disposed off

JK Synthtics Ltd. laid off its workers in 1983 due to a total power cut and subsequently terminated 1,164 workers and retrenched 1,201 workers, prompting the Rajasthan Trade Union Kendra to challenge the terminations before the High Court and an Industrial Tribunal. The Tribunal, after a secret …

R. DURAISWAMY AND ORS.versusDIRECTOR OF SCHOOL EDUCATION AND ORS.

2000 INSC 592Dismissed

The petitioners were teachers originally appointed in Panchayat Union Elementary Schools who were transferred to the High School service when middle schools were upgraded. Junior teachers who remained in the elementary schools were promoted to Head Masters in primary/middle schools and received …

KHATEMA FIBRES LTD.versusSTATE OF UTTAR PRADESH AND ANR.

2000 INSC 593Disposed off

Khatema Fibres Ltd., a manufacturer of craft paper, obtained a Recognition Certificate under Section 4‑B of the U.P. Trade Tax Act, 1948 to claim exemption on the basis that its craft paper was used as packing material. The Allahabad High Court, relying on a Full Bench decision in Mis. Lalji Board …

M.NARSINGA RAOversusSTATE OF ANDHRA PRADESH

2000 INSC 585Dismissed

M. Narsinga Rao, a manager of a milk chilling centre, was charged under the Prevention of Corruption Act, 1988 for accepting a Rs.500 bribe from a contractor. He was caught in a trap set up by the Anti‑Corruption Bureau, but the key witnesses turned hostile after a four‑year delay, claiming the trap …

R.KESHAVAversusM.B. PRAKASH AND ORS.

2000 INSC 586Dismissed

The appellant challenged the preventive detention of Maheshraj under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Act, 1974, arguing that his representation to the Advisory Board was not considered by the Karnataka Government, thereby violating Article 22(5) of the …

STATE GOVT. HOUSELESS HARIJAN EMPLOYEES ASSOCIATIONversusSTATE OF KARNATAKA AND ORS.

2000 INSC 582Appeal(s) allowed

The State Government sought to acquire 15 acres of land for a housing scheme for the State Gov't Employees Houseless Harijan Association, a society registered under the Karnataka Societies Registration Act. After a series of notifications under the Land Acquisition Act, the government withdrew the …

RATAN SINGHversusVIJAY SINGH AND ORS.

2000 INSC 583Appeal(s) allowed

Ratan Singh obtained a decree for possession of his property in 1970, but did not file an execution petition. The respondent filed a first appeal, dismissed in 1973, and later a second appeal which the High Court rejected as time‑barred. Ratan Singh later relied on the High Court order to revive the …

VST INDUSTRIES LTD.versusVST INDUSTRIES WORKERS UNION AND ANR. ETC.

2000 INSC 578Dismissed

VST Industries Ltd., a cigarette manufacturing company, operated a canteen for its workers under Section 46 of the Factories Act, 1948. After 1982 the canteen was managed by private contractors, but the workers continued to be employed and received wages, ESI and PF benefits through the contractors, …

S. RAMANATHANversusUNION OF INDIA AND ORS.

2000 INSC 579Disposed off

The appellants, State Police Service officers promoted to the Indian Police Service (IPS), claimed that the Central Government failed to carry out the triennial review of IPS cadre strength required by Rule 4(2) of the IPS Cadre Rules, 1954. The review, due in 1987, was only initiated in 1989 and …

COMMISSIONER OF INCOME TAX, TRIVANDRUMversusM/S TRANVANCORE TITANIUM PRODUCTS LTD.

2000 INSC 576Appeal(s) allowed

M/s Tranvancore Titanium Products Ltd obtained a loan of Rs. 491 lakhs from the Kerala Government and created a "Loan Redemption Reserve" of Rs. 1 crore to meet the loan liability. The assessing authority treated the amount as a provision and excluded it from capital for the purpose of surtax under …

WESTERN PRESS PVT. LTD., MUMBAIversusTHE CUSTODIAN AND ORS.

2000 INSC 572Dismissed

Western Press Pvt. Ltd., a company that was not a party to the proceedings before the Special Court under the Securities Act, 1992, sought to prevent its premises from being attached for recovery of public money siphoned through a group of companies. The Special Court had passed a consent decree …

GURA SINGHversusTHE STATE OF RAJASTHAN

2000 INSC 574Dismissed

Gura Singh was convicted of murdering his father under IPC 302. The prosecution relied on the appellant’s extra‑judicial confession to several relatives (PW 2, 5, 6, 7) and on the recovery of the murder weapon and a blood‑stained sheet disclosed by the accused. Some of the witnesses were later …

RAMESH BHAI J. PATEL ETC. ETC.versusUNION OF INDIA

2000 INSC 573Dismissed

The appellants, assessors under the Income Tax Act, challenged the interpretation of Section 269UA(b) regarding the calculation of "apparent consideration" for immovable property transferred to the Central Government. They argued that the discount should be computed for the period between the …

HARNEK SINGHversusFINANCIAL COMMISSIONER, APPEALS, PUNJAB AND ORS.

2000 INSC 575Appeal(s) allowed

The appellant, legatee of the late Daljit Singh, challenged the allotment of land declared surplus under the PEPSU Tenancy and Agricultural Lands Act to respondents 5‑10. The landowner had been declared surplus in 1976, but the Punjab Land Reforms Act, 1972 came into force in 1973 and its Section 28 …

D.P. CHADHAversusTRIYUGL NARAIN MISHRA AND ORS.

2000 INSC 569Case Partly allowed

The appellant, advocate D.P. Chadha, was engaged by his client, Triyugi Narain Mishra, to defend an ejectment suit. While the client was away, Chadha used a blank vakalatnama and blank paper signed by the client to fabricate a compromise petition and a receipt, causing a decree for eviction without …

K. THIMMAPPA AND ORS.versusCHAIRMAN, CENTRAL BD. OF DIRS. SBI AND ANR.

2000 INSC 570Dismissed

The Supreme Court examined the State Bank of India's 1979 Conditions of Service Order, which placed Grade I officers confirmed before 31‑12‑1972 in Middle Management Grade Scale II and those confirmed after that date in Junior Management Grade Scale I. Petitioners argued that this bifurcation was …

CANARA BANK AND ORS.versusNATIONAL THERMAL POWER CORPORATION AND ANR.

2000 INSC 571Appeal(s) allowed

Canara Bank, as the principal trustee of Canara Bank Mutual Fund, purchased NTPC bonds from a bank that later went into liquidation and sought registration of the bonds in the trustee's name and payment of redemption proceeds. NTPC refused registration without a no‑objection certificate from the …

K.R. SURAJ ETC. ETC.versusTHE EXCISE INSPECTOR, PARAPPANANQADI AND ANR.

2000 INSC 568Dismissed

In 1993 Excise Inspectors, acting under the then‑unamended Section 31 of the Kerala Abkari Act, seized liquor samples from the petitioners' licensed shops and alleged adulteration, filing complaints under Section 57A and Section 56(b). The petitioners moved the High Court to quash the proceedings …

A.P. POLLUTION CONTROL BOARD-IIversusPROF. M.V. NAYUDU (RETD.) AND ORS.

2000 INSC 564Appeal(s) allowed

The Supreme Court examined whether the Andhra Pradesh Government could lawfully exempt a hazardous vegetable‑oil industry from a statutory 10‑km prohibition around the Osman Sagar and Himayat Sagar reservoirs, which supply drinking water to Hyderabad and Secunderabad. The State had issued GO 153 …

FOOD CORPORATION OF INDIAversusSTATE OF PUNJAB AND ORS.

2000 INSC 565Appeal(s) allowed

The Food Corporation of India (FCI) challenged an order by the Municipal Committee of Sangrur, Punjab, that amended the assessment list and increased property tax on its godown. The amendment was effected under Section 67 of the Punjab Municipal Act, 1911, based on a notice that the corporation …

M/S. K. GOVINDAN AND SONSversusCOMMISSIONER OF INCOME-TAX, COCHIN

2000 INSC 561Dismissed

The assessee, K. Govindan & Sons, filed a return for AY 1984‑85 in response to a notice under Section 148. The assessing officer levied interest under Section 139(8) and Section 217, which the assessee contested on the ground that the assessment was not a "regular assessment" within the meaning of …

STATE OF ASSAM AND ORS.versusSH. NARESH CHANDRA GHOSE (D) BY LRS.

2000 INSC 566Appeal(s) allowed

The State of Assam assessed sales tax on the medicinal preparation "Mritasanjibani" under Item 67 of the Assam Finance (Sales Tax) Act, 1956, which taxes spirituous medicinal preparations containing more than 12% alcohol. The respondent challenged the assessment, and the Gauhati High Court held that …

M.G. BADAPPANAVAR AND ANR. ETC.versusSTATE OF KARNATAKA AND ORS.

2000 INSC 562Disposed off

The case concerned promotion and seniority of general (non‑reserved) candidates versus reserved candidates in the Karnataka engineering services. Both groups were initially recruited as Junior Engineers; reserved candidates were promoted to higher grades through roster points, while general …

CHIRANJILAL SRILAL GOENKA (DEAD) BY LRS.versusJASJIT SINGH AND ORS.

2000 INSC 567Set Aside

The dispute arose after the death of Chiranjilal Srilal Goenka, whose daughter claimed inheritance under a will, while his adopted son claimed rights based on a letter dated 26‑January‑1961 from his natural father promising him inheritance. An arbitrator held the will inoperative and declared the …

DEVI DASS GOPAL KRISHEN LTD. AND ANR.versusSTATE OF JAMMU AND KASHMIR AND ANR.

2000 INSC 563Dismissed

Devi Dass Gopal Krishen Ltd. and another, manufacturers of edible oil in Punjab and Haryana, sold their product in Jammu & Kashmir where a notification dated 7 March 1991 under Section 5 of the Jammu & Kashmir General Sales Tax Act, 1962 exempted local manufacturers from sales tax. The tax rate on …

RUTH SORENversusMANAGING COMMITTEE, EAST I.S.S.D.A. AND ORS.

2000 INSC 555Dismissed

Ruth Soren, a former employee of an educational institution, was terminated and filed an application under Section 26(2) of the Bihar Shops and Establishments Act, 1953 before the Labour Court seeking reinstatement. The Labour Court ordered her reinstatement, but the institution appealed, contending …

CALCUTTA ELECTRIC SUPPLY CORPN. LTD.versusSHEW KR. SINGH AND ORS.

2000 INSC 556Dismissed

The Supreme Court considered an appeal by Calcutta Electric Supply Corp. Ltd against a High Court order that had upheld a Tribunal’s decision rejecting a workman’s application for interpretation of clause 15 of the company’s Certified Standing Order of 1953. Clause 15 dealt with misconduct involving …

BOROSIL GLASS WORKS LTD. EMPLOYEES' UNIONversusD.D. BAMBODE AND ORS.

2000 INSC 557Appeal(s) allowed

The Borosil Glass Works Ltd. Employees' Union, a registered trade union, rejected the joint membership application of D.D. Bambode and others because the applications did not follow the union's procedure. Bambode filed a complaint under Section 28(1A) of the Trade Unions Act, 1926, seeking a consent …

DISTT. MANAGER, APSRTC, VIJAYAWADAversusK. SIVAJI AND ORS.

2000 INSC 558Appeal(s) allowed

The Andhra Pradesh State Road Transport Corporation (APSRTC) employed workers who claimed wages for work performed on holidays declared under the Andhra Pradesh Factories and Establishments (National Festival and Other Holidays) Act, 1974. APSRTC contended that Section 11(1)(c) of that Act excluded …

STATE OF PUNJABversusV.K. KHANNA AND ORS.

2000 INSC 559Dismissed

The former Chief Secretary of Punjab, V.K. Khanna, referred two cases to the CBI with the then Chief Minister’s approval; after a change of government the new administration withdrew the referrals and issued a charge‑sheet alleging malafide intent, bias and procedural violations. Khanna challenged …

TATA IRON AND STEEL CO. LTD.versusUNION OF INDIA AND ORS.

2000 INSC 560Dismissed

Tata Iron and Steel Co. Ltd. (the appellant) exported engineering goods using its own steel, which was not procured at the Joint Plant Committee (JPC) price that includes several levies. The Engineering Export Promotion Council (EEPC) later held that the appellant was not entitled to the …

K.RAVINDRANATHAN NAIRversusCOMMISSIONER OF INCOME TAX, ERNAKULAM

2000 INSC 554Appeal(s) allowed

The appellant, an individual processing cashew nuts in ten units (four in Kerala, two owned and two leased), declared a lock‑out of the Kerala units due to labour problems and later settled with trade unions by paying five days' wages per year of service, amounting to Rs 4,18,107. He claimed a …

STATE, GOVT. OF NCT OF DELHIversusSUN IL AND ANOTHER

2000 INSC 551Disposed off

The State of NCT of Delhi appealed against the acquittal of Sunil and Ramesh, who were convicted by a Sessions Court for kidnapping, raping and murdering a four‑year‑old girl, Anuradha. The High Court set aside the conviction, citing minor inconsistencies in the testimonies of three witnesses, the …

M/S HANIL ERA TEXTILES LTD.versusORIENTAL INSURANCE CO. LTD. AND ORS.

2000 INSC 552Appeal(s) allowed

The appellant, Mis Hani Lera Textiles Ltd., held fire insurance policies with Oriental Insurance Co. for its mill premises, including a blow‑room that was inspected and charged a higher premium in November 1994. A fire in December 1994 destroyed most of the mill but not the blow‑room. After the …

R.D. UPADHYAYversusSTATE OF ANDHRA PRADESH AND ORS.

2000 INSC 550Directions issued

The Supreme Court heard a writ petition under Article 32 concerning Ajoy Ghosh, a prisoner‑lunatic detained since 1962 in West Bengal prisons. The Court found that the prison authorities and the Assistant Chief Metropolitan Magistrate had failed to provide medical care or maintain records from 1964 …

KUNWAR BAHADUR SINGHversusSHEO BARAN SINGH AND ORS.

2000 INSC 553Appeal(s) allowed

The accused were convicted by a Sessions Court for offences under various sections of the Indian Penal Code. While their appeals were pending, the High Court discovered that the trial court records were missing and directed the trial court to reconstruct the file using carbon copies of witness …

SING HAI RAKESH KUMARversusUNION OF INDIA AND ORS.

2000 INSC 544Dismissed

The appellant, S.R. Kumar, sold agricultural lands situated within the municipal limits of Bina for the assessment years 1981-82 and 1983-84 and was assessed to capital gains tax. The Income Tax Officer levied tax, the Tribunal held that the profit was not capital gains, and the High Court dismissed …

UNION OF INDIAversusK.M. SHANKARAPPA

2000 INSC 545Dismissed

The petition challenged the constitutional validity of several provisions of the Cinematograph Act, 1952, particularly Section 6(1) which allowed the Central Government to call for records of proceedings before the Board or Tribunal and to make orders revising their decisions. The High Court upheld …

M/S BALLARPUR INDUSTRIES LTD.versusSTATE OF ORISSA AND ORS.

2000 INSC 546Disposed off

The respondent, a Chief Welfare Officer, was terminated on 15‑12‑1981, appealed and was reinstated by the State Government, but was not paid his arrears because the corporation was declared sick under the Sick Industrial Companies (Special Provisions) Act, 1985. The BIFR sanctioned a scheme on …

BHANU CONSTRUCTION CO. PVT. LTD.versusANDHRA BANK, HYDERABAD AND ORS.

2000 INSC 547Disposed off

Bhanu Construction Co. Pvt. Ltd. entered into contracts with NTPC and later sought arbitration for a claim of Rs. 23 crore. The banks filed a suit in the Hyderabad Civil Court for recovery of Rs. 19 crore and obtained an interim order on 20 September 1994 directing NTPC not to pay the company. The …

STATE OF MAHARASHTRAversusMILIND AND ORS.

2000 INSC 543Appeal(s) allowed

The State of Maharashtra challenged the admission of Milind, who had obtained a caste certificate claiming he belonged to the Halba Scheduled Tribe, on the ground that he was actually a member of the Koshti caste. The High Court had held that a sub‑tribe enquiry was permissible and that Halba‑Koshti …

HAMZABI AND ORS.versusSYED KARIMUDDIN AND ORS.

2000 INSC 548Appeal(s) allowed

In 1951 a usufructuary mortgage was created over a house in favour of the petitioner. In 1953 the mortgagor agreed to sell the house to the mortgagee, Y, but the sale deed was never registered before the mortgor died. An unregistered sale deed was later executed in 1954 in favour of the petitioner …

ISHWAR SWAROOP SHARMAversusJAGMOHAN LAL

2000 INSC 541Dismissed

The landlord, Ishwar Swaroop Sharma, let a shop to Jagmohan Lal on a monthly basis, with the rent increased to Rs 200 in 1976 and documented by an endorsement. In 1989 Sharma applied under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 for fixation of fair rent. The Rent …

STATE OF ORISSA AND ORS.versusUNION OF INDIA AND ANR.

2000 INSC 542Appeal(s) allowed

The Government of Orissa acquired land for a railway line and handed it to the Railway Administration, which extracted rock cut spoils and earth (minor minerals) for laying the track. The State’s revenue authorities demanded royalty and cess under the Orissa Minor Mineral Concession Rules, 1990. The …

CHRISTIAN MEDICAL COLLEGEversusEMPLOYEES STATE INSURANCE CORPORATION

2000 INSC 539Dismissed

The Christian Medical College, a hospital, operates an Equipment Maintenance Department with 45 workers that repairs and maintains medical equipment. The Employees' State Insurance Corporation (ESIC) issued a notice that the department fell within Section 2(12) of the Employees' State Insurance Act, …

RAMESH K.SHARMA AND ANR.versusRAJASTHAN CIVIL SERVICES AND ORS.

2000 INSC 540Dismissed

The appellants, direct recruits as Commercial Tax Inspectors, challenged seniority lists that placed them above respondents who had been absorbed from the Land and Building Tax Department under the Rajasthan Absorption of Surplus Personnel Rules, 1969. The respondents argued that their original …

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

2000 INSC 536Dismissed

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 …

M/S. SCOOTERS INDIA LTD.versusM. MOHAMMAD Y AQUB AND ANR.

2000 INSC 535Dismissed

M. Mohammad Yaqub, employed by Scooters India Ltd., was removed from the company's rolls on 1 August 1976 under Standing Order 9.3.12, which deemed a worker absent for more than ten consecutive days as having left the service. He raised an industrial dispute; the Labour Court held that his removal …

HAR KIRAN COMMARversusDELHI ADMN. AND ORS.

2000 INSC 537Dismissed

Mrs. Har Kiran Commar filed a review petition under Section 48 of the Land Acquisition Act, 1894, seeking de‑acquisition of land on the ground that the acquisition proceedings against her were quashed, similar to the relief granted to her brother, Gurdip Singh Uban. The Court examined a letter dated …

STATE BY CENTRAL BUREAU OF INVESTIGATIONversusSH. S. BANGARAPPA

2000 INSC 534Appeal(s) allowed

The Central Bureau of Investigation filed a charge‑sheet against former Karnataka Chief Minister S. Bangarappa under the Prevention of Corruption Act, 1988, alleging that he had amassed assets disproportionate to his known sources of income. The trial court framed a charge under Section 13(2) read …

B.S. SHARMAversusSTATE OF HARYANA AND ANR.

2000 INSC 533Dismissed

The petitioner, a judicial officer of the Haryana Judicial Service, was transferred by the High Court in 1997 to serve as Presiding Officer of an Industrial Tribunal‑cum‑Labour Court. He argued that, under Section 7‑C of the Industrial Disputes Act, 1947, he could remain in that post until the age …

SAJUversusSTATE OF KERALA

2000 INSC 529Appeal(s) allowed

The deceased, Jameela, was allegedly pregnant by the appellant Saju and refused to abort the pregnancy. She was later stabbed to death by accused No.1 (Biju). The prosecution alleged that Saju conspired with Biju to murder her, securing convictions under Sections 109, 120‑B and 302 IPC. On appeal, …

KSHETRIYA KISAN GRAMIN BANKversusD.B. SHARMA AND ORS.

2000 INSC 527Appeal(s) allowed

The appellant Kshetriya Kisan Gramin Bank, an RRB sponsored by Uttar Pradesh Co‑operative Bank, challenged a High Court order that directed its officers to receive the same pay scales as officers of other RRBs sponsored by nationalised banks. The dispute originated from employees' petitions for pay …

COMMISSIONER OF INCOME TAX, GUJARAT-IversusNAVNIT LAL SA KAR LAL ETC.

2000 INSC 530Appeal(s) allowed

The Supreme Court examined whether commissions payable to managing directors of Sarangpur Mills, which were used to purchase deferred annuity policies, should be treated as taxable salary under Section 17 of the Income Tax Act, 1961. The Board of Directors had passed resolutions directing that the …

THE EAST INDIA HOTELS LTD. AND ANR.versusUNION OF INDIA AND ANR.

2000 INSC 528Dismissed

The East India Hotels Ltd. challenged an assessment that taxed sales made in the restaurants of its hotels under the Delhi Sales Tax Act, 1975. The appellant argued that food served in a hotel restaurant does not constitute a "sale" of goods and that Section 4(1)(c) of the Act applies only where …

RAMON SERVICES PVT. LTD.versusSUBHASH KAPOOR AND ORS.

2000 INSC 519Disposed off

Ramon Services Pvt. Ltd., a tenant, faced an eviction suit. On the scheduled trial date, the firm's advocates did not appear because of a lawyers' strike, leading the trial court to pass an ex‑parte decree against the appellant. The appellant's applications to set aside the decree and the subsequent …

STATE BANK OF INDIAversusRAM CHANDRA DUBEY AND ORS.

2000 INSC 520Appeal(s) allowed

The Central Government referred a dispute under Section 10 of the Industrial Disputes Act, 1947 to an Industrial Tribunal to determine whether the termination of 26 State Bank of India employees was justified and what relief they were entitled to. The Tribunal awarded reinstatement but was silent on …

M/S. SUNIL INDUSTRIESversusRAM CHANDER PRADHAN AND ANR.

2000 INSC 521Dismissed

Sunil Industries, a sole‑proprietor workshop shaping steel sheets, employed Ram Chander Pradhan as a press operator. While operating a press, Pradhan suffered injuries to his right index finger and thumb, leading to amputation of part of the finger. He filed a claim under the Workmen's Compensation …

UNION OF INDIA AND ANR.versusMIS. MUNDRA SALT & CHEMICAL INDUSTRIES AND ORS.

2000 INSC 522Dismissed

The Union of India claimed ownership of land that had been sold at public auction to Mis. Mundra Salt & Chemical Industries and later acquired by the State of Maharashtra for a highway. The Union relied on Section 37 of the Bombay Land Revenue Code, 1879, which presumes Crown ownership where title …

M/S. KIRLOSKAR CONSULTANTS LTD.versusEMPLOYEES STATE INSURANCE CORPORATION

2000 INSC 523Dismissed

Kirloskar Consultants Ltd, a consultancy firm registered as a commercial establishment under the Bombay Shops and Establishments Act, was informed by the Employees' State Insurance Corporation (ESIC) that it was covered by the Employees' State Insurance Act, 1948 as a 'shop'. The firm began paying …

MIS. EICHER TRACTORS LTD., HARYANAversusCOMMISSIONER OF CUSTOMS, MUMBAI

2000 INSC 524Appeal(s) allowed

Mis Eicher Tractors Ltd imported a five‑year‑old stock of bearings from a Japanese vendor at a 77% discount and declared the price actually paid in its Bill of Entry. The Assistant Commissioner of Customs rejected the declared value, deeming the discount abnormal, and instead fixed the value using …

MURALIversusSTATE OF TAMIL NADU

2000 INSC 526Dismissed

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 …

PRAVEEN SINGHversusSTATE OF PUNJAB AND ORS.

2000 INSC 515Appeal(s) allowed

The Punjab Public Service Commission (PPSC) conducted a competitive examination for 44 Block Development and Panchayat Officer posts, comprising a written test (400 marks) and a viva‑voce test (50 marks). After the written test, 130 candidates were shortlisted for the viva‑voce, and the final merit …

GOA FOUNDATION, GOAversusDIKSHA HOLDINGS PVT. LTD. AND ORS.

2000 INSC 516Dismissed

The Goa Foundation challenged the permission granted to Diksha Holdings for constructing a beach‑resort hotel on a plot in Nagorcem, Goa, alleging that the land fell within Coastal Regulation Zone‑I (CRZ‑I) where construction is prohibited and that the clearance violated the Environment Protection …

UNION OF INDIA AND ANR.versusWING COMMANDER T. PARTHASARATHY

2000 INSC 517Dismissed

Wing Commander T. Parthasarathy applied for premature retirement from the Indian Air Force effective 31‑08‑1986 due to family illness. He later amended the request and, on 19‑02‑86, withdrew the application. The Air Headquarters, unaware of the withdrawal, approved the retirement on 20‑02‑86, …

ROY V.D.versusSTATE OF KERALA

2000 INSC 518Appeal(s) allowed

The appellant Roy V.D. was searched and arrested by an Excise Inspector who, at the time of the search, was not authorized under Sections 41(2) or 42(1) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act to make such a seizure. A charge was filed, later dismissed, and a fresh charge sheet …

UNION OF INDIA AND ORS.versusPRADIP KUMAR DEY

2000 INSC 512Appeal(s) allowed

Pradip Kumar Dey, a Naik (Radio Operator) in the CRPF, filed a writ petition seeking a mandamus directing the Union of India to implement the CRPF's recommendation to the Fourth Pay Commission for a higher pay scale, invoking the principle of "equal pay for equal work". The Single Judge dismissed …

MADHUKAR BHASKARRAO JOSHIversusSTATE OF MAHARASHTRA

2000 INSC 513Dismissed

The appellant, a Sub Engineer of the Maharashtra State Electricity Board, was caught in a police‑set trap accepting cash from a private contractor after demanding a sum for sanctioning additional power load. He claimed the money was a gift, not gratification. The trial court convicted him under …

STATE OF GUJARATversusK. V. JOSEPH ETC.

2000 INSC 514Appeal(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 …

MAHAVIR SINGH AND ORS.versusNARESH CHANDRA AND ANR.

2000 INSC 510Appeal(s) allowed

The respondents filed a suit for specific performance of a sale agreement, which was dismissed by the trial court. During trial the agreement was sent for forensic examination, revealing interpolations, and the respondents sought to have the original and a copy examined by a forensic laboratory …

VISHNU NAGNATH DESHMUKHversusSTATE OF MAHARASHTRA

2000 INSC 511Disposed 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 …

ABDUL KARIMversusSTATE OF KARNATAKA AND ORS.

2000 INSC 505Appeal(s) allowed

The Supreme Court examined applications filed by the Special Public Prosecutor (SPP) under Section 321 of the Criminal Procedure Code to withdraw TADA charges against accused linked to the forest brigand Veerappan, whose kidnapping of actor Rajkumar prompted the Karnataka government to concede to …

NAZIRA BEGUM LASHKAR AND ORS.versusSTATE OF ASSAM AND ORS.

2000 INSC 506Dismissed

The appellants, appointed as Assistant Teachers in Assam primary schools, were hired without complying with the Assam Elementary Education (Provincialisation) Rules, 1977. The State cancelled these appointments after issuing show‑cause notices, and the High Court upheld the cancellations. The …

COLLECTOR OF CENTRAL EXCISEversusHIMALAYAN COOPERATIVE MILK PRODUCT UNION LTD.

2000 INSC 507Dismissed

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 …

STATE OF U.P.versusHARI MOHAN AND ORS.

2000 INSC 508Case Partly allowed

The State prosecuted Hari Mohan for the murder of his sister‑in‑law Roop Devi, whose body was found in a gunny bag with gunshot wounds. The trial court convicted Hari Mohan under Sections 302 and 34 of the IPC and sentenced him to life imprisonment, while other accused were convicted under Section …

MANAGEMENT OF MIS. INDIAN IRON AND STEEL CO. LTD.versusPRAHLAD SINGH

2000 INSC 503Appeal(s) allowed

The workman Prahlad Singh was granted leave from 1 July to 20 September 1974 and failed to resume duty. The company terminated his employment on 8 October 1974 under its standing orders, which stipulated loss of lien for over‑stay of leave. Singh raised an industrial dispute before the Central …

G.M. BHARAT COKING COAL LTD., WEST BENGALversusSHIB KUMAR DUSHAD AND ORS.

2000 INSC 501Appeal(s) allowed

The employee, Shib Kumar Dushad, claimed that his date of birth recorded by his employer, G.M. Bharat Coking Coal Ltd., was incorrect and sought correction to extend his superannuation. The employer had referred the matter to its Medical Board, which, following the company's service rules and …

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

2000 INSC 502Appeal(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 …

HARI SINGH MANNversusHARBHAJAN SINGH BAJWA AND ORS.

2000 INSC 498Appeal(s) allowed

The appellant challenged two orders passed by a Single Judge of the Punjab and Haryana High Court in separate miscellaneous petitions filed after the disposal of the original petition filed under Section 482 of the Criminal Procedure Code (CrPC). The High Court, without giving notice to the …

RAM LALversusSTATE OF RAJASTHAN

2000 INSC 499Disposed off

The appellant was prosecuted under the Prevention of Food Adulteration Act, 1954 for selling camel's milk to a food inspector, the milk having 25% added water. The trial court acquitted him on the ground that no specific standard existed for camel's milk, but the Rajasthan High Court convicted him, …

FOOD CORPORATION OF INDIA, HYDERABAD AND ORS.versusA. PRAHALADA RAO AND ANR.

2000 INSC 500Appeal(s) allowed

The Food Corporation of India (FCI) imposed a minor penalty on two employees for alleged dereliction of duty that caused loss to the corporation. The employees denied the charges and challenged the penalty before the High Court, which held that a full departmental enquiry, as required for major …

HIMACHAL PRADESH STATE FINANCIAL CORPORATION,SHIMLAversusPREM NATH NANDA AND ORS.

2000 INSC 496Appeal(s) allowed

The Himachal Pradesh State Financial Corporation granted a loan of Rs.20.5 lakh to Prem Nath Nanda and others for a hotel project. After the borrowers defaulted, the corporation took possession of the hotel under Section 29 of the State Financial Corporations Act, 1951 and sold it, generating an …

DEO NARAIN CHOUDHURYversusSHREE NARAIN CHOUDHURY

2000 INSC 497Dismissed

The appellant and respondent, brothers, were in dispute over a property and referred the matter to arbitration. An arbitral award was made on 21 January 1996 and filed in the Sub‑Judge's court on 14 May 1996. The respondent filed a caveat on 11 June 1996 seeking notice before any order, but the …

SHAMSHER KHANversusSTATE (NCT OF DELHI)

2000 INSC 494Disposed off

Shamsher Khan was convicted for manufacturing and storing bombs in his Delhi house, which later exploded, killing three and injuring many. He was sentenced under IPC sections 304, 308, 120‑B, TADA sec. 5 and Explosive Substances Act sec. 4(b). On appeal he challenged the culpable homicide …

SUKHDEV SINGH GILLversusSTATE OF PUNJAB AND ORS.

2000 INSC 495Dismissed

Sukhdev Singh Gill, a former Superintendent in the General Reserve Engineer Force (GREF), sought to have his service counted as "military service" for seniority purposes under the Punjab Government National Emergency (Concession) Rules, 1965. The High Court rejected his claim and dismissed his writ …

KUMAON MANDAL VIKAS NIGAM LTD.versusGIRJA SHANKAR PANT AND ORS.

2000 INSC 490Dismissed

The appellant, Kumaon Mandal Vikas Nigam Ltd., terminated the respondent, General Manager G.S. Pant, after a departmental enquiry that was conducted without providing charge‑sheet documents, without a proper hearing, without a presenting officer, and without allowing cross‑examination. The …

STATE OF DELHIversusGYAN DEVI AND ORS.

2000 INSC 491Appeal(s) allowed

The State of Delhi charged Gyan Devi, her mother‑in‑law and husband with culpable homicide not amounting to murder (IPC 304/34) in the death of Sudesh. The High Court, on a revision petition, directed the trial court to record only medical evidence and then quashed the charge under Section 304/34 …

MANISH DIXIT AND ORS.versusSTATE OF RAJASTHAN

2000 INSC 492Disposed off

The Supreme Court examined the murder of jeweller Gulshan Makhija, in which Manish Dixit (A2) and Sharad Dhakar (A1) were accused. The Court considered whether a hotel register entry could be treated as a "book of accounts" under Sec. 34 Evidence Act, the evidentiary weight of the accused's …

NARMADA BACHAO ANDOLAN ETC. ETC.versusUNION OF INDIA AND ORS.

2000 INSC 489Disposed off

The Supreme Court examined a public‑interest writ petition challenging the construction of the Sardar Sarovar Dam on the Narmada River. The petitioners argued that the environmental clearance granted in 1987 was invalid, that the height of the dam should be reduced, and that the relief and …

GAUTAM PAULversusDEBI RANI PAUL AND ORS

2000 INSC 488Disposed off

The case concerned a residential dwelling house that had been transferred through several generations and eventually a 1/9 share was sold to Gautam Paul, who was not a member of the undivided family that owned the house. Debi Rani Paul and Radha Rani Paul, members of that family, filed a suit for …

ABDUL WAHAB ANSARIversusSTATE OF BIHAR AND ANR.

2000 INSC 483Appeal(s) allowed

The appellant, a public servant appointed as a duty magistrate, ordered open firing to disperse a mob at an encroachment site, resulting in one death and injuries. A private complaint was filed alleging multiple offences under the IPC and the Arms Act, and the Chief Judicial Magistrate took …

SRI JAGATRAM AHUJAversusTHE COMMISSIONER OF GIFT TAX, HYDERABAD

2000 INSC 481Appeal(s) allowed

Sri Jagatram Ahuja, a retiring partner of a firm, executed a release deed whereby he transferred his rights in the firm's assets to his brother for Rs. 3,00,000, although the market value of his share was higher. The Gift Tax Officer treated the excess as a gift and levied tax, a decision upheld by …

MAKINENI VENKATA SUJATHAversusLAND REFORMS TRIBUNAL AND ANR.

2000 INSC 484Dismissed

The petitioner, a daughter of a landholder who filed a declaration under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, was a minor on the reference date of 1 January 1975 and was part of her father's family unit. Excess land in the father's holdings was identified and …

UNION OF INDIAversusM/S. POPULAR BUILDERS, CALCUTTA

2000 INSC 482Case Partly allowed

The Union of India entered into a construction contract with M/s Popular Builders, who after completing the work, accepted a final bill without objection and received payment. The builder later claimed additional work not covered in the final bill and, at its request, an arbitrator was appointed who …

NATIONAL FERTILIZERSversusPURAN CHAND NANGIA

2000 INSC 485Dismissed

National Fertilizers Ltd. awarded a works contract to Puran Chand Nangia for 48% of a Rs. 3.39 crore project. The contract contained a clause that quoted rates would remain firm for variations up to ±25% of the contract price, beyond which market rates could apply. After the work was varied both …

STATE BY C.B.I. NEW DELHIversusR. SURI BABU AND ANR.

2000 INSC 486Disposed off

The Central Bureau of Investigation (CBI) filed a criminal appeal against a Karnataka High Court order that discharged two of six accused, including former Chief Minister Bangarappa and his private secretary Suri Babu, in a case under the Prevention of Corruption Act, 1988 and IPC section 120‑B. The …

SAURASHTRA CEMENT AND CHEMICAL INDUSTRIESversusUNION OF INDIA AND ORS.

2000 INSC 487Disposed off

The Supreme Court examined the constitutional validity of Section 9(3) of the Mines and Minerals (Regulation and Development) Act, 1957, which authorises the Central Government to fix, alter or reduce royalty rates on minerals. The appellants argued that royalty is not a tax and that Parliament …

NAVINCHANDRA N. MAJITHIAversusSTATE OF MEGHALAYA AND ORS.

2000 INSC 480Appeal(s) allowed

A Shillong-based company lodged an FIR alleging that a Mumbai-based company had cheated it of Rs 9 crore. The investigation stalled, and the Guwahati High Court directed the complainant to deposit funds for the police investigation, a direction upheld by the division bench. The State of Meghalaya …

BANK OF INDIAversusVIJAY TRANSPORT AND ORS.

2000 INSC 478Disposed off

Bank of India sued Vijay Transport for recovery of a sum, while the respondents filed a larger counter‑claim. The High Court stayed the counter‑claim on the condition that the bank deposit Rs 16 lakhs, allowing the respondents to withdraw it only upon furnishing a bank guarantee. After the High …

DADU @ TULSIDASversusSTATE OF MAHARASHTRA

2000 INSC 479Case Partly allowed

The Supreme Court examined the constitutional validity of Section 32A of the Narcotic Drugs and Psychotropic Substances Act, 1985, which barred courts and the executive from suspending, remitting or commuting sentences of convicts under the Act. The petitioners argued that the provision violated …

BASAVARAJ R. PATIL AND ORS.versusSTATE OF KARNATAKA AND ORS.

2000 INSC 477Disposed off

The appellants were charged under the Dowry Prohibition Act and Section 498‑A IPC for dowry harassment. After the prosecution evidence was closed, the trial court dispensed with personal examination of two accused under Section 313 CrPC and acquitted them. The High Court set aside the acquittal, …

TARUN PRASAD CHATTERJEEversusDINANATH SHARMA

2000 INSC 475Dismissed

In the 1998 Madhya Pradesh Legislative Assembly election, the appellant was declared elected on 28 November 1998. The respondent filed an election petition under Section 81(1) of the Representation of the People Act, 1951 on 12 January 1999, seeking to challenge the result. The appellant contended …

VADIVELUversusSUNDARAM AND ORS.

2000 INSC 476Dismissed

The appellant contested the election for President of Vannavalkudi Village Panchayat, losing by a single vote. After his application for a recount was rejected by the Returning Officer, he filed an election petition alleging various irregularities in the counting process. The Election Tribunal, …

KRISHI UTPADAN MANDI SAMITIversusKANHAIYA LAL AND ORS.

2000 INSC 471Disposed off

The Krishi Utpadan Mandi Samiti acquired land under the Land Acquisition Act, 1894 and an award dated 27‑12‑1977 fixed market value at Rs 3 per square yard with 15% solatium and 6% interest. The landowners filed a reference under Section 18, and the High Court on appeal enhanced the compensation to …

FEDERAL BANK LTD.versusV.M. JOG ENGINEERING LTD. AND ORS.

2000 INSC 472Appeal(s) allowed

The buyer entered into a contract for steel bars and opened a Letter of Credit (LC) with the Issuing Bank. The seller presented documents, including forged delivery challans, to the Negotiating Bank (Federal Bank), which, after obtaining certification from the Issuing Bank that the documents …

BADRI NATHversusGOVERNMENT OF TAMIL NADU AND ORS.

2000 INSC 473Appeal(s) allowed

Badrinath, an IAS officer, was denied promotion to the super‑time scale on the ground of pending disciplinary cases and adverse confidential report remarks. He challenged the State and Central Governments' orders, arguing that the Governor’s order during President's rule had dropped the disciplinary …

M.S. JAYARAJversusCOMMISSIONER OF EXCISE, KERALA AND ORS.

2000 INSC 474Dismissed

The appellant, the highest bidder for a foreign liquor shop in the Changanassery Excise Range, could not locate a premises within that range and obtained permission from the Excise Commissioner to shift the shop to the Karukachal Range under Rule 6(2) of the Kerala Abkari Shops (Disposal in Auction) …

JOGINDER PALversusINDIAN RED CROSS SOCIETY AND ORS.

2000 INSC 470Dismissed

Ms. Raj Mohini executed a 1985 will in favour of the Indian Red Cross Society and a later 1987 will revoking the former and bequeathing her assets to Joginder Pal. After her death, the Red Cross Society applied for a succession certificate, but the court dismissed the application and granted a …

L. MUTHUKUMAR AND ANR. ETC.versusTHE STATE OF TAMIL NADU AND ORS.

2000 INSC 467Dismissed

The petitioners had undergone teacher‑training courses in institutes that were recognised at the time of their public examinations in 1992, but the institutes were later de‑recognised. They sought a writ of mandamus directing the State to publish their results and issue mark sheets or diplomas. The …

KIRAN GUPTA AND ORS. ETC. ETC.versusSTATE OF U.P. AND ORS. ETC.

2000 INSC 468Dismissed

The Supreme Court examined the validity of Sections 9, 10 and 11 of the Uttar Pradesh Secondary Education Services Commission and Selection Boards Act, 1982 and Rule 12(3) of the 1995 Rules, which prescribe selection of principals and headmasters solely by interview. The appellants challenged the …

STATE OF WEST BENGAL AND ORS.versusSCENE SCREEN (PVT.) LTD. AND ANR.

2000 INSC 469Dismissed

The petitioner, an heir who inherited two plots leased to Scene Screen Ltd. for a cinema, filed Form ‘B’ under Section 6 of the West Bengal Estates’ Acquisition Act, 1953, to retain the lands as an intermediary. After the Act came into force, the State began collecting rent directly from the lessee, …

A.P. PAPER MILLS LTD. ETC. ETCversusGOVERNMENT OF A.P. AND ANR.

2000 INSC 466Appeal(s) allowed

The appellants, owners of factories in Andhra Pradesh, challenged a Government Order that raised the maximum licence fee under the Andhra Pradesh Factories Rules, 1950 from Rs.10,000 to Rs.18,00,000. They argued that the fee is a regulatory fee, not a tax, and therefore the principle of quid pro quo …

NETAI BAG AND ORS.versusTHE STATE OF WEST BENGAL AND ORS.

2000 INSC 462Dismissed

The State of West Bengal leased surplus land, acquired under the Land Acquisition Act, 1894 for a railway project, to a private company without conducting a public tender or auction. The appellants, heirs of the former owners and a vegetarian group, challenged the lease as arbitrary and violative of …

GOBIND RAMversusGIAN CHAND

2000 INSC 463Dismissed

Gobindram (appellant) agreed to sell a property in Lajpat Nagar to Gian Chand (respondent) for Rs 16,000, receiving Rs 1,000 as earnest money. The sale deed was not executed within the stipulated time, prompting the respondent to sue for specific performance. The trial court decreed specific …

SHAMA PRASHANT RAJEversusGANPATRAO AND ORS.

2000 INSC 464Dismissed

The landlord applied to the Rent Controller under Section 13(3)(ii),(iii) and (iv) of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, seeking eviction on grounds of habitual rent default, sub‑letting and bona‑fide personal need. The Controller found the tenant guilty …

GRAM PANCHAYAT OF VILLAGE NAULAKHAversusUJAGAR SINGH AND ORS.

2000 INSC 465Appeal(s) allowed

The Gram Panchayat of Village Naulakha filed an application under Section 7 of the Punjab Village Common Land (Regulation) Act, 1961 seeking to set aside an earlier injunction decree obtained by the respondents in 1975, alleging that the decree was the result of collusion between the respondents and …

BLUE STAR EMPLOYEES UNIONversusEX. OFF. PRINCIPAL SECY. TO GOVERNMENT AND ANR.

2000 INSC 460Appeal(s) allowed

During an industrial dispute, two employees were transferred and terminated and filed a complaint under Section 33‑A of the Industrial Disputes Act, alleging that the employer had not complied with the procedural safeguards of Section 33. The Industrial Tribunal awarded that the terminations were …

STATE OF KERALAversusP. SUGATHAN AND ANR.

2000 INSC 461Dismissed

The State of Kerala prosecuted P. Sugathan (A1) and Krishna Kumari (A2) for the murder of Soman and for criminal conspiracy under Sections 302 and 120B IPC. The prosecution alleged that A1, a police Sub‑Inspector, and A2, his concubine, conspired to kill Soman after he tried to revive a past …

UNION OF INDIA AND ORS.versusDR. VIJAYAPURAPU SUBBAYAMMA

2000 INSC 458Appeal(s) allowed

Dr. Vijaya Yapurapu Subba Yamma retired on 13 November 1980 after 12 years of service, falling short of the 20‑year qualifying period required for a pro‑rata pension under the Central Civil Services (Temporary) Services Rules, 1965. The Fourth Pay Commission later recommended reducing the qualifying …

AGRICULTURAL PRODUCE MARKET COMMITTEEversusSHRI ASHOK HARIKUNI AND ANR. ETC.

2000 INSC 459Dismissed

The Agricultural Produce Market Committee, created under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, terminated several temporary employees, prompting the Labour Court to order their reinstatement. The Committee challenged the Labour Court’s jurisdiction, arguing that it was …

B.S. KHURANA AND ORS.versusMUNICIPAL CORPORATION OF DELHI AND ORS.

2000 INSC 456Dismissed

The Delhi Municipal Corporation repeatedly passed resolutions from 1970 to 1989 to transfer or sell municipal quarters to its employees, but each time the Municipal Commissioner objected. The Corporation was superseded three times, and eventually the Administrator, on the Lt. Governor’s direction, …

CHARAN SINGHversusHEALING TOUCH HOSPITAL AND ORS.

2000 INSC 453Appeal(s) allowed

Charan Singh underwent surgery at Healing Touch Hospital and alleged medical negligence that left him paralysed on the right side, resulted in the loss of a kidney, loss of employment and substantial expenses. He filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) …

D.M. NANJJAPPA (DEAD) BY LRS.versusS.A. RAMAPPA AND ORS.

2000 INSC 455Appeal(s) allowed

The appellant was granted a parcel of land by the revenue authority under sub‑rule (2) of Rule 4 of the Karnataka Land Grant Rules, 1969, because the land was adjacent to his existing holding and was needed for better cultivation. The grant was confirmed by the Deputy Commissioner and the Appellate …

THE COMMISSIONER OF GIFT TAX, TRIVANDRUMversusT.M. LOUIZ

2000 INSC 454Dismissed

The respondent, a retiring partner of two firms, surrendered his partnership rights and received the value of his share in the firms' assets. The Gift Tax Officer treated this relinquishment as a transfer of property and levied gift tax. The assessee appealed, and the Appellate Assistant …

A. VENKATASUBBIAH NAIDUversusS. CHELLAPPAN AND ORS.

2000 INSC 450Disposed off

The plaintiff filed a suit for permanent injunction and simultaneously obtained an ex parte temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure. The trial court’s order required the plaintiff to give notice and deliver documents to the opposite party as mandated by the …

STATE BANK OF INDIAversusTARUN KUMAR BANERJEE AND ORS.

2000 INSC 451Appeal(s) allowed

The appellant State Bank of India dismissed its Head Cashier, T. Arun Kumar Banerjee, after a domestic enquiry found him guilty of misappropriating Rs.1,000 received in excess from a customer. The Central Industrial Tribunal set aside the dismissal, relying on the non‑examination of the customer, …

STATE OF HARYANAversusHARYANA VETERINARY AND A.H.T.S. ASSOCIATION AND ANR.

2000 INSC 449Appeal(s) allowed

The respondent, originally appointed as Assistant Engineer on an ad hoc basis in 1980, was later regularised in 1982 after selection by the Haryana Public Service Commission. He sought selection‑grade pay under Government of Haryana circulars dated 2 June 1989 and 16 May 1990, claiming that his …

RAVINDER SINGHversusJANMEJA SINGH AND ORS.

2000 INSC 452Dismissed

Ravinder Singh, who lost the 1997 Punjab Legislative Assembly election to Janmeja Singh, filed an election petition alleging two corrupt practices: bribery under Section 123(1)(A)(b) and false statements under Section 123(4) of the Representation of the People Act, 1951. The High Court dismissed the …

HUKAM SINGH AND ORS.versusSTATE OF RAJASTHAN

2000 INSC 446Dismissed

Munshi Singh, an advocate's clerk, was murdered near his home by Hukam Singh and three relatives who shot him, assaulted his wife and son, and later cremated his body. The prosecution, led by a public prosecutor, chose not to examine two independent witnesses (Inder Singh and Budh Ram Nayak) after …

SHRI KASTURCHAND AND ANR.versusSHRI HARBILASH AND ORS.

2000 INSC 447Appeal(s) allowed

The appellants, proprietors of khud‑kasht land, filed a suit to recover possession of land recorded in the annual village papers (Khasra) as theirs for Samvat years 2006 and 2007, before the vesting date of 2 Oct 1951. The respondents later had the appellants' names struck off and their own entered …

M/S. CRANEX LTD. AND ANR.versusM/S. NAGARJUNA FINANCE LTD. AND ANR.

2000 INSC 448Disposed off

The case involved a conviction under Section 138 of the Negotiable Instruments Act, where the appellants were sentenced to six months' rigorous imprisonment and a fine of Rs.10,000 each. While the criminal appeal was pending, the parties settled the monetary dispute and the appellants deposited …

UNION OF INDIA AND ORS.versusARVIND SHERGILL AND ANR.

2000 INSC 442Appeal(s) allowed

Harinder Pal Singh Shergill was arrested in August 1998 for allegedly possessing US$66,217 at Mumbai airport. He was granted bail, and a later application to cancel the bail was dismissed. On 17 November 1998, the government issued a preventive detention order under Section 3(1) of the Conservation …

KARNAIL SINGHversusSTATE OF RAJASTHAN

2000 INSC 443Dismissed

Karnaill Singh, a truck driver, was stopped by a preventive party of the Narcotic Bureau and his vehicle was searched, leading to the seizure of 96.6 kg of opium. The seized goods and samples were sealed by the inspecting officer, but were later forwarded to the Superintendent of the Central …

SURJIT KAURversusNAURATA SINGH AND ANR.

2000 INSC 444Disposed off

Surjit Kaur entered into an agreement to sell her land to Naurata Singh, receiving Rs 20,000 as advance, with the condition that mutation and possession be delivered before execution of the sale deed by 30 June 1981. A suit filed by a third party obtained an interim injunction restraining …

MAHARISHI DAYANAND UNIVERSITYversusM.L.R. SARASWATHI COLLEGE OF EDUCATION

2000 INSC 445Appeal(s) allowed

Maharishi Dayanand University appealed against a Punjab & Haryana High Court order that had permitted M.L.R. Saraswati College of Education to admit 80 additional B.Ed. students on the basis of eight adhoc lecturers appointed by the college. The Supreme Court held that the college’s selection of …

SMT. DILBOO (DEAD) BY LRS. AND ORS.versusSMT. DHANRAJI (DEAD) AND ORS.

2000 INSC 440Appeal(s) allowed

The case concerned a suit for redemption of a mortgage executed in 1902 by a widow, Lakshamania, in favour of Ram Charan Sonar. The plaintiff, claiming to be an heir of Lakshamania, filed the suit in 1960 after a series of subsequent mortgages, sales and redemptions involving the property. The trial …

STATE OF M.P. AND ANR.versusPRADEEP KUMAR AND ANR.

2000 INSC 441Appeal(s) allowed

The respondents filed a suit against the State of Madhya Pradesh and a sales tax officer, which was dismissed for lack of jurisdiction. The District Judge reversed that decision, and the State filed a second appeal before the High Court but omitted the required application for condonation of delay …

R. HARIHARAN AND ORS.versusK. BALACHANDRAN NAIR AND ORS.

2000 INSC 439Appeal(s) allowed

The appellants, engineers employed by the Kerala State Electricity Board, were appointed on an ad‑hoc basis between 1976 and 1979 and later regularised after passing departmental exams. The Kerala Public Service Commission (KPSC) refused to concur with the regularisation dates, leading the Board to …

STATE OF HIMACHAL PRADESHversusGITA RAM

2000 INSC 438Disposed off

The respondent, Gita Ram, was charged under Section 376 of the IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The case was committed by a magistrate to a Sessions Court that had been designated as a Special Court for offences under the SC/ST Act, …

STATE OF HARYANAversusM/S MARUTI UDYOG LTD. AND ORS.

2000 INSC 437Disposed off

The State of Haryana appealed against the Haryana Sales Tax Tribunal’s order directing Maruti Udyog Ltd. to deposit the full tax, interest and penalty before its appeal could be entertained. Maruti argued that the proviso to sub‑section (5) of Section 39 of the Haryana General Sales Tax Act, 1973, …

NARSINGH DAS TAPADIAversusGOVERDHAN DAS PARTANI AND ANR.

2000 INSC 436Appeal(s) allowed

The appellant, Narsingh Das Tapadia, lent Rs. 2,30,000 to the respondent, G.D. Partani, who issued a post‑dated cheque that was dishonoured on 6 October 1994. After serving a notice on 26 October 1994, the appellant filed a complaint under Section 138 of the Negotiable Instruments Act on 8 November …

DR. VIKRANT PARIHARversusSTATE OF JAMMU AND KASHMIR AND ORS.

2000 INSC 435Disposed off

The State of Jammu & Kashmir failed to conduct the annual postgraduate medical entrance examination mandated by SRO No. 158 of 1995, instead relying on a five‑year‑old waiting list that disadvantaged MBBS graduates after 1996. Several writ petitions were filed, and the High Court issued interim …

NARAYAN CHETANRAM CHAUDHARY AND ANR.versusSTATE OF MAHARASHTRA

2000 INSC 432Dismissed

The appellants, Narayan Chetanram Chaudhary and Jitu, along with Raju, murdered seven members of a family, including two children and a pregnant woman, to conceal a robbery. Raju later became an approver after the trial court granted him pardon and recorded his confession. Both the trial court and …

P.P. UNIKRISHNAN AND ANR.versusPUTTIYOTTIL ALIKUTTY AND ANR.

2000 INSC 433Dismissed

The petitioners, a Sub‑Inspector and a Constable of the Kerala Police, were charged with offences of assault, grievous hurt, attempt to murder and criminal intimidation under the IPC for illegally confining and beating a shop‑keeper in a police lock‑up. They argued that the trial court should not …

UNITED BANK OF INDIA, CALCUTTAversusABHIJIT TEA CO. PVT. LTD. AND ORS.

2000 INSC 434Appeal(s) allowed

The United Bank of India filed suit No. 410/85 against Abhijit Tea Co. in 1985. The suit was disposed by a compromise decree on 29‑Mar‑1994, but the decree was set aside on appeal and the suit was remanded to the trial judge on 11‑Aug‑1998. The Recovery of Debts Due to Banks and Financial …

R.L. MEENA AND ORS.versusUNION OF INDIA AND ORS.

2000 INSC 427Disposed off

The petitioners, officers of the Indian Police Service promoted from the Delhi and Andaman & Nicobar Police Services, filed a writ petition under Article 32 seeking to be encadred in the Joint Police Service with retrospective effect, alleging that the notifications dated 31‑12‑1997 were arbitrary …

MALLIKARJUNA MUDHAGAL NAGAPPA AND ORS.versusSTATE OF KARNATAKA AND ORS.

2000 INSC 428Dismissed

The case concerned an educational institution that was authorized to admit a maximum of 60 students (30 per section) but admitted 75, exceeding the quota by 15. The excess students were denied permission to sit for examinations, prompting a joint writ petition in the Karnataka High Court, which was …

LIFE CONVICT LAXMAN NASKARversusSTATE OF WEST BENGAL AND ANR.

2000 INSC 429Appeal(s) allowed

The petitioner, a life convict sentenced under Sections 302 and 34 IPC, filed a writ petition under Article 32 seeking premature release, claiming that he had served the equivalent of 20 years (the statutory period for life imprisonment) and earned remissions under the West Bengal Correctional …

LAKSHMI NARAYANANversusS.S. PANDIAN

2000 INSC 430Appeal(s) allowed

The appellant, Lakshmi Narayanan, obtained an ex parte eviction decree against tenant S.S. Pandian under the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960 and filed an execution petition. During execution proceedings the parties compromised: the tenant surrendered part of the premises and …

NAVINCHANDRA N. MAJITHIAversusSTATE OF MAHARASHTRA AND ORS.

2000 INSC 431Appeal(s) allowed

Navinchandra N. Majithia entered into a share‑sale agreement that was later terminated, after which the buyer filed a false complaint in Shillong, Meghalaya. Majithia filed a writ petition in the Bombay High Court under Article 226 seeking to quash the complaint or, alternatively, to direct the …

DELHI JAL BOARDversusMAHINDER SINGH

2000 INSC 426Dismissed

The Supreme Court considered a Special Leave Petition filed by the Delhi Jal Board challenging a Delhi High Court order that had allowed Mahinder Singh, a senior employee, to receive a promotion recommended by a Departmental Promotion Committee (DPC) despite a later disciplinary inquiry. The Court …

R. BALAKRISHNA PILLAIversusSTATE OF KERALA

2000 INSC 425Dismissed

R. Balakrishna Pillai, a former Kerala minister, was convicted under Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1947 for abusing his office to supply electricity to a private firm in Karnataka. He filed a criminal appeal before the Kerala High Court and subsequently moved a …

ELECTION COMMISSION OF INDIA THROUGH SECRETARYversusASHOK KUMAR AND ORS.

2000 INSC 423Appeal(s) allowed

During the 1999 Lok Sabha elections in Kerala, the Election Commission issued a notification under Rule 59A of the Conduct of Election Rules, 1961 directing that ballot papers from all ballot boxes in a constituency be mixed before counting to prevent intimidation and victimisation. Two writ …

STATE OF WEST BENGALversusMIR MOHAMMAD OMAR AND ORS. ETC. ETC.

2000 INSC 422Case Partly allowed

The State of West Bengal prosecuted Mir Mohammad Omar and six co‑accused for abducting a 29‑year‑old businessman, Mahesh Kumar Aggarwal, with the intention of killing him, and for his subsequent murder. The trial court convicted them under Section 364 read with Section 34 IPC but acquitted them of …

ELECTRICITY EMPLOYMENT UNION ETC.versusUNION OF INDIA AND ORS.

2000 INSC 420Dismissed

The Electricity Employment Union and two employees challenged the Central Administrative Tribunal's finding that, after the Punjab Re‑organisation Act, 1966, their services were allocated to the Punjab State Electricity Board and they were merely on deputation to the Union Territory of Chandigarh. …

M.C. MEHTAversusUNION OF INDIA AND ORS.

2000 INSC 421

The Supreme Court considered applications filed by former brick‑kiln owners in Delhi seeking modification of earlier orders that required them to surrender the land on which their kilns stood without compensation. The earlier orders, issued under the Master Plan 1990, classified brick kilns as …

SHYAMDEO PRASAD SINGHversusNAWAL KISHORE YADAV

2000 INSC 415Dismissed

In April 1996 a biennial election was held for the Patna Teachers Constituency of the Bihar Legislative Council and Nawal Kishore Yadav was declared elected. The petitioner filed an election petition alleging that a large number of persons who were not qualified under the 1950 Act had been …

ALIGARH MUSLIM UNIVERSITY AND ORS.versusMANSOOR ALI KHAN ETC.

2000 INSC 416Appeal(s) allowed

The Supreme Court examined two civil appeals filed by Aligarh Muslim University challenging High Court judgments that had quashed termination orders against laboratory assistants who had taken extraordinary leave for foreign employment. The employees had been granted two years of leave, sought …

NATIONAL INSURANCE COMPANY LTD.versusBEHARI LAL AND ORS.

2000 INSC 417Dismissed

National Insurance Company Ltd. issued a motor vehicle insurance policy under the Motor Vehicles Act, 1939, which was in force when the Motor Vehicles Act, 1988 came into effect. A bus insured under this policy met with an accident after the new Act commenced, resulting in a death claim. The insurer …

SPECIAL OFFICER AND COMPETENT AUTHORITY U.L.C. AND ANR.versusP.S. RAO

2000 INSC 418Disposed off

The Supreme Court was asked to clarify whether a landowner whose land had been vested under the Urban Land Ceiling and Regulation Act, 1976, but whose possession had not yet been taken, could obtain exemption under Section 20 (or Section 10) of the Act via a Government Order dated 31‑10‑1988. The …

SANJAY KUMARversusTHE STATE OF BIHAR AND ORS.

2000 INSC 419Dismissed

The petitioner, a 10‑year‑old son of a deceased Excise Constable, applied for a compassionate appointment in 1988 and again in 1996, but both applications were rejected as time‑barred. The High Court dismissed his writ petition and the Division Bench affirmed the dismissal. The petitioner argued …

BHUNESHWAR PRASAD AND ANR.versusUNITED COMMERCIAL BANK AND ORS.

2000 INSC 412Dismissed

The owners leased premises to United Commercial Bank for five‑year terms, renewing twice, but did not renew after the lease expired on 31 March 1991. The owners demanded vacancy, yet the bank continued to pay an enhanced rent, which the owners accepted and withdrew. The dispute centered on whether …

AHMEDversusSTATE OF GUJARAT

2000 INSC 413Appeal(s) allowed

The appellant Ahmed was found in possession of 9 g of charas after a search of his person by an empowered gazetted officer following a raid based on prior information. During the search the accused requested to be taken before a magistrate or another gazetted officer, but the police refused. He was …

THIMMAIAH AND ORS.versusNINGAMMA AND ANR.

2000 INSC 414Case Partly allowed

The son of the deceased Karta filed a suit for partition of twelve properties, alleging that the Karta had illegally gifted two ancestral items to his second wife and four coparcenary items to his unmarried daughter. The trial court and the first appellate court held the gifts void for lack of …

STATE OF HIMACHAL PRADESHversusMANGO RAM

2000 INSC 411Disposed off

The State of Himachal Pradesh appealed the acquittal of a 17‑year‑old accused who was found not guilty of raping his 13‑14‑year‑old niece. The trial court had held that the girl was over 16 and had consented, while the High Court affirmed this view. The Supreme Court examined medical reports, dental …

RUDRA KUMAR SAIN AND ORS. ETC.versusUNION OF INDIA AND ORS.

2000 INSC 408Case Partly allowed

The case concerned the inter‑se seniority of officers in the Delhi Higher Judicial Service appointed either by direct recruitment from the Bar or by promotion from the Delhi Judicial Service. The Delhi High Court had prepared seniority lists that excluded promotees appointed under Rules 16 and 17 on …

R.D.SAXENAversusBALRAM PRASAD SHARMA

2000 INSC 409Disposed off

The appellant, a senior advocate and former legal advisor to a cooperative bank, refused to return the bank's case files after the retainership was terminated, demanding payment of alleged fees of Rs. 97,100. The bank filed a complaint before the State Bar Council, which was transferred to the Bar …

PYARE LAL AND ORS.versusMANI RAM AND ORS.

2000 INSC 410Appeal(s) allowed

The dispute concerned the succession to agricultural land left by Harbilas, who died in 1948, governed by the Quanoon Mal Riyasat Gwalior, Samvat 1983 (Special Legislation). The appellants were male descendants of Harbilas's great‑grandfather, while the respondents were the sons of Harbilas's …