Created by Fuzzy Cloud

Judgments of 2000

608 judgments · newest first · showing 201–400

KONKAN RAILWAY CORPORATIONversusM/S. MEHUL CONSTRUCTION CO.

2000 INSC 407Dismissed

The Supreme Court considered several Special Leave Petitions and a writ petition challenging orders of various High Court Chief Justices or their nominees made under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint or refuse to appoint an arbitrator. It held that such orders …

DELHI ADMINISTRATIONversusGURDIP SINGH UBAN AND ORS. ETC.

2000 INSC 405Disposed off

The Supreme Court examined a batch of land acquisition proceedings under the Land Acquisition Act, 1894, where the Delhi Administration and DDA sought to enforce acquisition of land in several villages. The Court held that claimants who did not file objections to the Section 4 notification cannot …

THE CONSUMER ACTION GROUP AND ANR.versusSTATE OF TAMIL NADU AND ORS.

2000 INSC 404Case Partly allowed

The Consumer Action Group filed writ petitions under Article 32 challenging the constitutional validity of Section 113 of the Tamil Nadu Town and Country Planning Act, 1971 and the exemption orders issued under it, alleging ultra‑vires delegation of legislative power and arbitrary exercise without …

RAMAKRISHNA REDDY AND ORS.versusTHE ADDL. REVENUE DIVISIONAL OFFICER AND ORS.

2000 INSC 406Case Partly allowed

The Supreme Court examined appeals concerning surplus agricultural land taken over by the State under the Andhra Pradesh Land Reforms (Ceiling and Agricultural Holdings) Act, 1973. The appellants, who had either surrendered or were deemed to have surrendered surplus land that included forested …

A.C. THALWALversusHIGH COURT OF HIMACHAL PRADESH AND ORS.

2000 INSC 401Dismissed

A.C. Thalwal, a former Air Force officer, joined the Himachal Pradesh Judicial Service under the ex‑servicemen quota and sought to have his 11 years of approved military service counted for seniority and pay fixation under the Ex‑Servicemen (Reservation of Vacancies in H.P. Judicial Service) Rules, …

M.V. AL. QUAMARversusTSAVLIRIS SALVAGE (INTERNATIONAL) LTD. AND ORS.

2000 INSC 402Dismissed

The Supreme Court considered an execution petition filed in the Andhra Pradesh High Court under Section 44‑A of the Civil Procedure Code to enforce a money decree passed by the English Admiralty Court against the owner of the vessel M.V. Al Quamar. The appellant argued that Section 44‑A could not be …

STATE OF KARNATAKAversusK. KRISHNAN

2000 INSC 403Appeal(s) allowed

The Range Forest Officer seized a jeep and a lorry along with forest produce for being transported without a permit under the Karnataka Forest Act, 1963. The authorized officer ordered the jeep’s release on the condition that the respondent furnish an irrevocable bank guarantee, but the respondent …

SHRI VISHIN N. KHANCHANDANI AND ANR.versusVIDYA LACHMANDAS KHANCHANDANI AND ANR.

2000 INSC 400Appeal(s) allowed

The deceased holder of several National Savings Certificates (NSC) died, and his widow and daughter sought a succession certificate under s.370 of the Indian Succession Act for the debts and securities, including the NSCs where the deceased had nominated his brother and step‑brother as nominees. The …

SANTAKUMARI AND ORS.versusLAKSHMI AMMA JANAKI AMMA (D) BY LRS. AND ORS.

2000 INSC 394Dismissed

The suit concerned a property originally belonging to Krishnan Nair, which was attached in execution. To raise funds, Nair executed a sale deed (Exhibit A‑5) in favour of Kesavan Channar, simultaneously executing an agreement (Exhibit A‑6) to sell the same property to his relative Kochu Kunja Nair …

S. SAKTIVEL (DEAD) BY LRS.versusM. VENUGOPAL PILLAI AND ORS

2000 INSC 395Dismissed

The plaintiff sought a share in a property based on a registered settlement deed dated 26 March 1915 executed by the deceased Muthuswamy Pillai. The defendant claimed that a subsequent oral family arrangement in 1941 had modified the deed, allocating the property exclusively to him and giving cash …

MARWARI KUMHAR AND ORS.versusBHAGWANPURI GURU GANESHPURI AND ANR.

2000 INSC 396Disposed off

The Marwari Kumhar community, which used a dharamshala for religious functions, sued the heirs of a former pujaris (the respondents) for a declaration of title to the property in 1945. The trial court and later the High Court affirmed the community's title, holding the respondents were merely …

SHRI MUNSHI RAM AND ANR.versusUNION OF INDIA AND ORS.

2000 INSC 397Dismissed

The landlord (respondent No.3) purchased premises that were subject to a perpetual lease from the Delhi Improvement Trust, which prohibited any use other than residential without the lessor's written consent. The tenants (appellants) operated a shop in the premises, violating the lease condition. …

STATE OF KARNATAKAversusTHE REGISTRAR GENERAL HIGH COURT OF KARNATAKA

2000 INSC 398Disposed off

The Karnataka High Court refused leave to appeal against the acquittal of seven accused in a Section 307 IPC case and, in doing so, issued sweeping remarks about the state of criminal justice, especially criticizing the police, and directed the Home Secretary and Home Minister to report the …

T.J. BABY AND ORS. ETC.versusSTATE OF KERALA AND ORS.

2000 INSC 393Appeal(s) allowed

The appellants, holders of FL‑1 (stockists/retailers) and FL‑3 (bars/restaurants) licences under the Kerala Abkari Act, challenged the State's demand for differential excise duty on unsold Indian‑made foreign liquor stock held as of 1‑April‑1996, after the duty was raised from Rs.20 to Rs.200 per …

K. RAMULLANversusCOMMISSIONER OF INCOME TAX, COCHIN

2000 INSC 384Appeal(s) allowed

K. Ramullan, an Indian-origin Malaysian citizen, owned a Non‑Resident (External) Account in an Indian bank and stayed in India with his wife for medical treatment from June 1982 to April 1985. He claimed exemption from tax on the interest earned under Section 10(4A) of the Income Tax Act, arguing …

A.P. STATE FINANCIAL CORPORATIONversusOFFICIAL LIQUIDATOR

2000 INSC 389Dismissed

The appellant, A.P. State Financial Corporation, had granted loans to two companies that later went into liquidation. To recover its dues, it filed applications under Section 446(1) of the Companies Act read with Sections 29 and 46 of the State Financial Corporation Act, 1951, seeking to stay …

BHARAT EARTH MOVERSversusCOMMISSIONER OF INCOME TAX, KARNATAKA

2000 INSC 385Appeal(s) allowed

Bharat Earth Movers created a fund to meet its liability for encashment of earned and vacation leave of its employees and claimed a deduction of Rs 62,25,483 under Section 37(1) of the Income‑Tax Act for AY 1978‑79. The Karnataka High Court held the provision to be a contingent liability and …

THE K.C.P. LTD.versusCOMMISSIONER OF INCOME TAX, BANGALORE

2000 INSC 386Dismissed

K.C.P. Ltd., a sugar manufacturer, challenged a government notification fixing the levy price of sugar and obtained an interim order allowing it to sell at the pre‑notification price. During the assessment year 1972‑73 it collected Rs 14,96,130 in excess of the levy price. The Income‑Tax Officer …

ASSOCIATED TIMBER INDUSTRIES AND ORS.versusCENTRAL BANK OF INDIA AND ANR.

2000 INSC 390Dismissed

The Central Bank of India sued Associated Timber Industries and others for recovery of a loan. The defendants contended that the suit was not maintainable because, under the Assam Money‑Lenders Act, 1934, a bank that advances loans is a "money‑lender" and must be registered, which the bank was not. …

SARABJIT SINGHversusEX. MAJOR B.D. GUPTA AND ORS.

2000 INSC 391Appeal(s) allowed

The appellant, Sarabjit Singh, was promoted by a Departmental Promotion Committee (DPC) meeting on 16 April 1999 under the Punjab Government Circular dated 28 June 1961. The respondent, Ex‑Major B.D. Gupta, challenged the selection, arguing that the DPC should have applied the newer Punjab circular …

STATE OF ANDHRA PRADESHversusPOLAMALA RAJU @ RAJARAO

2000 INSC 387Appeal(s) allowed

The respondent, Polamala Raju, was convicted by a Sessions Court for raping a five‑year‑old girl under Section 376 IPC and sentenced to ten years' rigorous imprisonment. The Andhra Pradesh High Court upheld the conviction but reduced the term to five years, citing the passage of time and possible …

UTTAM SINGH DUGAL AND CO. LTD.versusUNITED BANK OF INDIA AND ORS.

2000 INSC 380Dismissed

The petitioner, a construction company, entered into a project financed by a consortium of banks. The first bank filed a suit for recovery and, within that suit, sought a judgment on admission under Order XII Rule 6 of the CPC, relying on a board resolution and minutes that admitted liability for a …

THE QUARRY OWNERS ASSOCIATION ETC.versusTHE STATE OF BIHAR AND ORS.

2000 INSC 382Dismissed

The Quarry Owners Association, holders of quarry leases for minor minerals in Bihar, challenged two State notifications (1991 and 1994) that raised royalty rates, arguing that the State exceeded its delegated authority under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 …

INDIAN HOTELS CO. LTD. AND ORS.versusINCOME TAX OFFICER, MUMBAI AND ORS.

2000 INSC 379Case Partly allowed

The petitioners – Indian Hotels Co. Ltd., Hotel & Allied Traders Pvt. Ltd. and Hotel Shashi Pvt. Ltd. – claimed that their hotel‑related activities, including a large‑scale flight kitchen, qualified as a "newly established industrial undertaking" and therefore entitled them to deductions under …

RAKESH KUMAR JAINversusSTATE THROUGH CBI, NEW DELHI

2000 INSC 383Dismissed

A criminal complaint under Sections 5(4) read with 5(2) and 5(3) of the Official Secrets Act, 1923 was filed by the Union of India through the CBI against Rakesh Kumar Jain. The appellant sought discharge under Section 245 of the CrPC, arguing that the complaint was barred by limitation because the …

GOVERNMENT OF ANDHRA PRADESH AND ORS.versusG.V.K. GIRLS HIGH .SCHOOL

2000 INSC 378Dismissed

The G.V.K. Girls High School, admitted to grant‑in‑aid under the Andhra Pradesh Education Act, 1982, sought payment of arrears for the period 1 September 1985 to 31 October 1989 after a statutory committee under the 1988 Act cleared its case. The High Court Single Judge ordered the arrears to be …

GHULAM HUSSAIN AND ANR.versusSTATE OF DELHI

2000 INSC 375Case Partly allowed

The deceased, Islamuddin, died from burn injuries after his in‑laws allegedly poured kerosene on him and set him alight. His statements recorded by an Assistant Sub‑Inspector (ASI) in the hospital and by a magistrate were treated as dying declarations. The Supreme Court examined whether the ASI's …

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

2000 INSC 373Appeal(s) allowed

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

RAJENDRA KUMARversusKALYAN (DEAD) BY LRS.

2000 INSC 370Dismissed

The appellant Rajendra Kumar claimed possession of property left by Mohanlal, asserting that he had been adopted by Radhabai, the widow of Mahadeo, who was allegedly an adopted son of Mohanlal. The lower courts held that the adoption of a child by a widow to her deceased husband under Section 8 of …

AJAIB SINGH AND ORS.versusSMT. TULSI DEVI

2000 INSC 372Appeal(s) allowed

The case concerned an agreement whereby the plaintiff, Tulsi Devi, agreed to purchase part of a government‑allotted property (Block 67‑B) and, upon repayment of a loan, acquire the remaining part (Block 67‑A). The plaintiff claimed specific performance of the agreement to obtain Block 67‑A, …

RAM NIWAS (DEAD) THROUGH LRS.versusSMT. BANO AND ORS.

2000 INSC 367Dismissed

The appellant, a tenant, entered into an agreement to purchase a shop from the vendor for Rs.9,200 and paid part of the price. The vendor later sold the shop to purchasers for Rs.20,000. The appellant sued for specific performance of the original agreement against both the vendor and the purchasers. …

A. SOWKATH ALIversusUNION OF INDIA AND ORS.

2000 INSC 368Case Allowed

The petitioner, A. Sowkath Ali, was detained under Sections 3(i) and 3(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) based on confessional statements of two co‑accused. The sponsoring authority placed those confessions before the detaining …

STATE OF MAHARASHTRA AND ORS.versusSANTOSH SHANKAR ACHARYA

2000 INSC 369Dismissed

The State of Maharashtra detained Santosh Shankar Acharya under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981, but failed to inform him that he could make a representation to the detaining authority. The High Court held that such non‑communication violated Article …

GADNIS BHAWANI SHANKARversusFALEIRO EDUARDO MARTINHO

2000 INSC 365Dismissed

In a Rajya Sabha election, three candidates filed nominations; one candidate, Luis Alex Cardozo, withdrew his candidature before the election. The appellant filed an election petition alleging that Cardozo, after withdrawal, agreed to receive gratification to vote for the respondent, constituting a …

PUNJAB NATIONAL BANK, DASUYAversusCHAJJU RAM AND ORS.

2000 INSC 366Appeal(s) allowed

Punjab National Bank sued Chajju Ram and others for a principal sum of Rs 6,19,250. The trial court decreed the amount with interest, totalling Rs 12,91,398, and the bank filed an execution application. After the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 came into force and …

RAM DEO CHAUHAN ALIAS RAJ NATH CHAUHANversusSTATE OF ASSAM

2000 INSC 364Dismissed

Ram Deo Chauhan (alias Raj Nath Chauhan) was convicted of the pre‑planned, cold‑blooded murder of four members of a family, including a two‑year‑old child and two women, and of causing injuries to two other persons. The trial and high courts relied on a chain of circumstantial evidence and a …

UNION OF INDIA AND ORS.versusLT. GENERAL RAJENDRA SINGH KADYAN AND ANR.

2000 INSC 358Appeal(s) allowed

Lt. General Rajendra Singh Kadyan, the senior-most Lt. General, challenged the appointment of Lt. General H.R.S. Kalkat as Army Commander, arguing that the post is filled on seniority and that he satisfied the fitness and experience criteria, including a six‑month waiver. The Union of India appealed …

M/S. HARI FERTILIZERS ETC.versusSTATE OF U.P. AND ORS.

2000 INSC 360Dismissed

The appellant company terminated several workmen in 1985 and later closed its factory in 1988‑89, terminating seven additional workmen. A settlement agreement was executed on 19 October 1989 between the company and the trade union, covering disputes of the seven workmen terminated due to the …

PUNJAB STATE ELECTRICITY BOARD AND ORS.versusRAM RAKHI

2000 INSC 359Case Partly allowed

The respondent, a widowed sister of a deceased employee of the Punjab State Electricity Board, filed a suit for a mandatory injunction to obtain family pension, GPF, gratuity and other benefits. The trial court decreed in her favour and the High Court affirmed, holding that a widowed sister is a …

MOHAMMED AYNUDDIN @ MIYAMversusSTATE OF ANDHRA PRADESH

2000 INSC 361Appeal(s) allowed

The appellant, a driver of an Andhra Pradesh State Road Transport Corporation bus, was convicted under IPC Section 304A after a passenger fell from the bus while boarding and was run over by the rear wheel, resulting in death. The trial, sessions, and high courts held him guilty of culpable …

KAMAL PUSHP ENTERPRISESversusD.R. CONSTRUCTION COMPANY

2000 INSC 362Dismissed

Kamal Pushp Enterprises (appellant) had a contract with Gas Authority of India Ltd. and subcontracted the work to D.R. Construction Company (respondent), an unregistered partnership under the Partnership Act, 1932. A dispute led to arbitration under the Arbitration Act, 1940, and the arbitrator …

BRAJA KISHORE JAGDEVversusLINGRAJ SAMANTARAY AND ORS.

2000 INSC 363Appeal(s) allowed

The respondents claimed to be hereditary trustees of the Sri Sidha Baladev temple, asserting that they had acted as marfatdars since the founder's time and were recognized as such by revenue authorities. They sought a scheme under Section 42 of the Orissa Hindu Religious Endowments Act, 1951, which …

POONAMversusMUNICIPAL CORPORATION OF DELHI AND ORS.

2000 INSC 357Dismissed

The appellant sought permission to construct on Plot E‑25 (new) in a Delhi cooperative colony. The original layout plan sanctioned in 1958 contained 98 plots; a later resolution mistakenly mentioned 108 plots. After boundary adjustments, the original plots E‑25 and C‑23 ceased to exist, and the …

THE FACTORY MANAGER CIMMCO WAGON FACTORYversusVIRENDRA KUMAR SHARMA AND ANR.

2000 INSC 353

The respondent, Virendra Kumar Sharma, worked as an apprentice for CIMMCO Wagon Factory and received a stipend of Rs.250 per month, with a contractual clause stating the company had no obligation to employ him after training. No appointment letter or salary was ever paid, and letters recommending …

SMT. PHULWARI JAGDAMBAPRASAD PATHAKversusSHRI R.H. MENDONCA AND ORS.

2000 INSC 354Dismissed

The Commissioner of Police, Mumbai, detained Jagdambaprasad Pathak under the Maharashtra Prevention of Dangerous Activities Act, 1981, alleging that he was a "dangerous person" who repeatedly engaged in criminal activities that threatened public order. The detention order, confirmed by the State …

KALI PRASAD AND ORS.versusDEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

2000 INSC 356Dismissed

The case concerned a set of thirteen plots in Gorakhpur district where the appellants, Kali Prasad and others, were recorded as occupants (asamis) after the death of the last Khatedar, Smt. Partapi, in 1952. The father of respondents 3 and 4 filed civil suits for declaration of bhumidari rights and …

PROBODH CHANDRA GHOSHversusURMILA DASSI AND ANR.

2000 INSC 352Appeal(s) allowed

The dispute concerned possession of a suit‑property that had been sold to the appellant, Probodh Chandra Ghosh, while the respondent, Urmila Dassi, claimed title as the heir of the original owner. The appellant filed an application under Section 144 of the CPC on 17 April 1986 for restoration of …

FEDERATION OF BAR ASSOCIATIONS IN KARNATAKAversusUNION OF INDIA

2000 INSC 350Dismissed

The Federation of Bar Associations in Karnataka filed a writ petition under Article 32 of the Constitution seeking a permanent bench of the Karnataka High Court in northern Karnataka, arguing that the long distance from Bangalore made access to justice costly and time‑consuming. The Chief Justice of …

M/S. PATHEJA BROS. FORGING AND STAMPING AND ANR.versusI. C. I. C. I. LTD. AND ORS.

2000 INSC 349Appeal(s) allowed

The respondent filed a suit to recover loans granted to I.C.I.C.I. Ltd., impleading the company's guarantors. The company was subsequently declared a sick undertaking under the Sick Industrial Companies (Special Provisions) Act, 1985, and the High Court directed that the receiver not take possession …

KANCHERLA MADHUSUDHANA RAOversusSTATE OF ANDHRA PRADESH

2000 INSC 351Dismissed

The petitioner, a major son, owned agricultural land exceeding the ceiling limit under the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, while his mother’s family unit held land below the ceiling. He claimed that his excess could be set off against his mother’s deficiency pursuant …

ANTHONYversusKC ITTOOP AND SONS AND ORS.

2000 INSC 348Appeal(s) allowed

Anthony was inducted into possession of a shed by the owner under an unregistered lease deed for five years and paid monthly rent. The ownership later passed to the respondents who sued for eviction; the trial court dismissed the tenancy claim and decreed eviction. On first appeal, the district …

M?S HINDUSTAN SHIPYARD LTD.versusSTATE OF ANDHRA PRADESH

2000 INSC 342Dismissed

Hindustan Shipyard Ltd., a public sector shipbuilder, challenged the assessment of sales tax on contracts for building ships, arguing that the contracts were works contracts under Section 2(t) of the Andhra Pradesh General Sales Tax Act, 1957. The State of Andhra Pradesh contended that the contracts …

MOTILAL JAINversusSMT. RAMDASI DEVI AND ORS.

2000 INSC 343Appeal(s) allowed

The plaintiff entered into a contract to purchase a property for Rs.25,000, paying Rs.17,000 at execution and agreeing to pay the remaining Rs.8,000 within five months at the time of execution of the sale deed. The defendant refused to accept the balance and to execute the deed. After three legal …

HANUMAN VITAMIN FOODS PVT. LTD. AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.

2000 INSC 344Dismissed

The appellants, members of a co‑operative society, transferred five shares to other members via an instrument dated 31 March 1986. The Superintendent of Stamps treated the instrument as a conveyance of property and demanded stamp duty under Article 25(b)(i) of the Bombay Stamp Act, 1958. The Bombay …

M?S. PAWAN BISCUITS CO. PVT. LTD.versusCOLLECTOR OF CENTRAL EXCISE, PATNA

2000 INSC 345Appeal(s) allowed

MIS. PA WAN BISCUITS CO. PVT. LTD. entered into an agreement with Britannia Industries Ltd. under which Britannia supplied raw materials and the recipe, and the appellant manufactured biscuits and received processing charges. The Assistant Collector of Excise, treating the appellant as an agent, …

NATIONAL INSURANCE COMPANY LTD.versusMRS. CHINTO DEVI AND ORS.

2000 INSC 347Appeal(s) allowed

The Supreme Court considered a dispute between National Insurance Company Ltd. and the owners of a vehicle (Chinto Devi et al.) where an accident occurred at 11:30 a.m. on 23 February 1987, the same day the insurance policy was purportedly issued. The insurer claimed the policy was issued at 4:45 …

KUNHAYAMMED AND ORSversusSTATE OF KERALA AND ANR.

2000 INSC 339Dismissed

The Kerala Forest Tribunal held that a 1,020‑acre tract of private forest did not vest in the Government. The State of Kerala appealed to the High Court, which dismissed the appeal on 17‑Dec‑1982. No statutory remedy of appeal, revision or review was then available, so the State filed a Special …

FOOD INSPECTOR, ERNAKULAM AND ANR.versusP.S. SREENIVASA SHENOY

2000 INSC 340Appeal(s) allowed

The Food Inspector purchased a sample of toor dal and, after a Public Analyst reported it adulterated with kesari dal, filed a complaint under the Prevention of Food Adulteration Act. The respondent challenged the prosecution, arguing that a fresh sanction under Section 20 was required when a later …

KERALA STATE ELECTRICITY BOARD AND ANR.versusKURIEN E. KALATHIL AND ORS.

2000 INSC 341Case Partly allowed

The Kerala State Electricity Board entered into a contract with contractor Kurien E. Kalathil for dam construction. After a 1983 government notification raised minimum wages, the Board paid labour‑escalation amounts to the contractor until December 1984, but stopped payments from January 1985, …

R.K. MOHAMMED UBAIDULLAH AND ORS.versusHAJEE C. ABDUL WAHAB (DEAD) BY LRS.

2000 INSC 338Dismissed

The plaintiff entered into a sale agreement with the first defendant on 27 July 1971 for a godown, paying an advance and agreeing that the sale deed would be executed within 90 days. The first defendant reneged and sold the same property to defendants 2‑5 on 9 November 1971. The plaintiff sued for …

SUDHAKAR AND ANR.versusSTATE OF MAHARASHTRA

2000 INSC 337Appeal(s) allowed

A school teacher alleged that the headmaster and a co‑teacher of her school gang‑raped her on 9 July 1994. She reported the incident to her family and later to the police, who recorded her statement eleven days after the incident. She subsequently committed suicide in December 1994. The trial court …

CHANDIGARH HOUSING BOARD AND ANR.versusNARINDER KAUR MAKOL

2000 INSC 335Appeal(s) allowed

The Chandigarh Housing Board allotted a commercial plot to the husband of Narinder Kaur Makol, who, with permission, constructed residential flats on the upper floors. Makol later applied for a residential plot, filing an affidavit stating that neither she nor her husband owned any residential house …

PIARA SINGHversusSTATE OF PUNJAB AND ORS.

2000 INSC 333Appeal(s) allowed

The case concerned a parcel of land that had been sold at a public auction in 1959 to respondent No.2 under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. After 23 years the respondent sought a corrigendum to include additional land that was in possession of the appellant, Piara …

RAMESH CHANDRA ACHARYAversusREGISTRAR, HIGH COURT OF ORISSA AND ANR.

2000 INSC 332Dismissed

The petitioner, a judicial officer, challenged a decision that he be compulsorily retired at the age of 58 under Rule 71(a‑1) of the Orissa Service Code. He argued that the Supreme Court had raised the superannuation age for judges to 60 years and that the rule was inconsistent with the All India …

NAZIR HOOSEIN AND ANR.versusDARAYUS BHATTENA AND ORS.

2000 INSC 324Appeal(s) allowed

The appellants, directors of a motor‑sports club, challenged a series of board resolutions passed in a meeting on 8 November 1995 that removed the appellant as chairman, appointed a respondent as chairman and added twelve directors, alleging the meeting was held without notice. The High Court had …

BHAVESH D. PARISH AND ORS.versusUNION OF INDIA AND ANR.

2000 INSC 325Dismissed

The petitioners, shroffs who operated as unincorporated firms providing credit and accepting public deposits, challenged the constitutionality of Section 45‑S of the Reserve Bank of India Act (as amended in 1997) which prohibits such entities from accepting deposits. They argued that the provision …

K.K. PATEL AND ANR.versusSTATE OF GUJARAT AND ANR.

2000 INSC 326Appeal(s) allowed

The respondent‑police officer filed a complaint before a Metropolitan Magistrate alleging that the appellants, police officers, had committed offences including sections 166, 167, 219 etc. of the IPC and an offence under section 147(G) of the Bombay Police Act. The Magistrate took cognizance and …

SKYPAK COURIERS LTD. ETC. ETC.versusTATA CHEMICALS LTD. ETC. ETC.

2000 INSC 320

The Supreme Court examined the practice of the National Consumer Disputes Redressal Commission (NCDRC) referring consumer disputes to a retired judge for "consensual adjudication" and then treating the award as its own order. It held that the Consumer Protection Act, 1986 does not empower the …

KAMLA DEVIversusLAXMI DEVI

2000 INSC 327Appeal(s) allowed

Kamla Devi, the landlord, let a big room to Laxmi Devi, the tenant, who later constructed an unauthorised latrine on an adjacent vacant plot of land (9'x7'). The parties compromised, making the plot a rented premises at Rs 5 per month. Kamla later terminated the tenancy and sued for possession of …

COMMISSIONER OF INCOME TAX, TRIVANDRUMversusM?S ANAND THEATRES ETC. ETC.

2000 INSC 328

The assessee, Mis Anand Theatres, claimed a 15% depreciation on its theatre building by treating it as "plant" under the Income Tax Act, 1961. The Assessing Officer allowed only the standard 5% rate for buildings, leading to an appeal that was initially allowed by the Commissioner of Income Tax …

BIHAR STATE ELECTRICITY BOARDversusPATNA ELECTRIC SUPPLY CO. LTD. AND ORS.

2000 INSC 321Appeal(s) allowed

The Bihar State Electricity Board served a one‑year notice to Patna Electric Supply Co. in January 1973 to purchase its undertaking, which was taken over on 6 February 1974. While the takeover was pending, the Indian Electricity (Bihar Amendment) Ordinances and the 1974 Amendment Act changed the …

M.C. MEHTAversusKAMAL NATH AND ORS.

2000 INSC 329

The Supreme Court revisited a writ petition filed under Article 32 concerning the Mis Span Motel's pollution of the Beas River. The Court affirmed that damages can be awarded for environmental restoration and for victims under the polluter‑pays principle, but held that a pollution fine cannot be …

P. SARATHYversusSTATE BANK OF INDIA

2000 INSC 330Appeal(s) allowed

P. Sarathy, a former branch manager of State Bank of India, was suspended and removed from service after a departmental enquiry. He first appealed to the Bank's Local Board, which dismissed his appeal, and then filed an appeal under Section 41(2) of the Tamil Nadu Shops and Establishments Act before …

U.P. STATE ELECTRICITY BOARDversusUPPER JAMUNA VALLEY ELECTRICITY SUPPLY CO. LTD.

2000 INSC 322Appeal(s) allowed

The Uttar Pradesh State Electricity Board served notice to Upper Jamuna Valley Electricity Supply Co. Ltd. to purchase its electricity undertaking after a 35‑year licence expired. The State later amended the Indian Electricity Act, 1910 by the 1975 Ordinance and the 1976 Act, replacing the …

STATE OF U.P.versusTHE UPPER JAMUNA VALLEY ELECTRICITY SUPPLY CO. LTD. AND ORS.

2000 INSC 323Appeal(s) allowed

The State of Uttar Pradesh issued a notice under Section 6 of the Indian Electricity Act, 1910, to acquire the Upper Jamuna Valley Electricity Supply Company's undertaking upon expiry of a 35‑year licence in 1964. In 1975 the Uttar Pradesh government amended Sections 6 and 7‑A of the Act, replacing …

GHAZIABAD DEVELOPMENT AUTHORITY ETC. ETC.versusUNION OF INDIA AND ANR.

2000 INSC 331

Ghaziabad Development Authority (GDA) advertised several schemes for allotment of developed plots, collected deposits from allottees, and then failed to deliver possession within a reasonable time. The aggrieved allottees obtained orders from the MRTP Commission, Consumer Forum and High Court …

HARDEO SINGHversusSTATE OF BIHAR AND ANR.

2000 INSC 318Dismissed

Hardeo Singh, a contractor, obtained overdraft facilities totalling Rs 21.5 lakh from the Birpur branch of Central Bank of India, facilities that were beyond the authorised limit of the branch manager, S.K. Roy, who was alleged to habitually receive illegal gratification from a third party. Although …

HINDUSTAN AERONAUTICS LTD.versusCOMMISSIONER OF INCOME TAX KARNATAKA-I, BANGALORE

2000 INSC 319Dismissed

Hindustan Aeronautics Ltd. filed its income‑tax return for AY 1970‑71, which was disallowed in part by the Assessing Officer. The company appealed to the Appellate Assistant Commissioner, whose order was partly favourable, and both parties filed second appeals before the Income Tax Appellate …

COLLECTOR OF CENTRAL EXCISE, JAIPURversusM/S. RAGHUVAR (INDIA) LTD.

2000 INSC 315

The respondent, a manufacturer of vegetable products, filed a MODVAT declaration on 10‑Mar‑1987 but had wrongly availed credit from 1‑Mar‑1987. The Excise authorities issued a show‑cause notice under Section 11A of the Central Excises and Salt Act, 1944, invoking the six‑month limitation period to …

REGISTRAR OF COMPANIESversusRAJSHREE SUGAR AND CHEMICALS LTD. AND ORS.

2000 INSC 316Appeal(s) allowed

The Registrar of Companies (appellant) filed a criminal complaint against Rajshree Sugar and Chemicals Ltd. and others (respondents) alleging default in transferring share certificates in violation of Section 113 of the Companies Act, 1956. The Chief Judicial Magistrate dismissed the complaint on …

COLLECTORS OF CUSTOMS, BOMBAYversusM?S GRASIM INDUSTRIES LTD.

2000 INSC 317Dismissed

The respondent imported four cases of hydrochloric acid synthesis unit combustion chambers, claiming classification under Heading 84.17(1) of the Customs Tariff Act, 1975 as machinery and plant. The Assistant Collector classified them under Heading 68.01/16(1) (articles of stone, plaster, etc.), but …

UNION OF INDIA AND ORS.versusR.P. YADAV ETC.

2000 INSC 313Appeal(s) allowed

The petitioners, Artificer Apprentices in the Indian Navy, were initially engaged for 15 years and exercised an option to re‑engage for a further four years before their original term expired. After the re‑engagement was approved, they sought to withdraw their consent and be released, claiming they …

JT. REGISTRAR OF COOPERATIVE SOCIETIES, KERALAversusT.A. KUTTAPPAN AND ORS. ETC.

2000 INSC 307Dismissed

The Supreme Court considered appeals against a Kerala High Court order that restrained an administrator, appointed under Section 32 of the Kerala Cooperative Societies Act, 1969, from enrolling new members in a cooperative society whose managing committee had been superseded. The petitioners argued …

20TH CENTURY FINANCE CORPORATION LTD. AND ANR.versusSTATE OF MAHARASHTRA

2000 INSC 304

The appellants, leasing companies, entered into master lease agreements for equipment and were taxed by several states on the transfer of the right to use the goods. The states relied on explanations in their sales tax statutes that deemed the taxable event to occur where the goods were used, …

PALANIVELAYUTHAM PILLAI AND ORS.versusRAMACHANDRAN AND ORS.

2000 INSC 306Dismissed

The case concerned a partition suit over properties that were part of a Kattalai grant to a temple. The original settlor had given management rights to his second wife, who by a General Power of Attorney and later a will appointed A as successor‑trustee. A executed two wills on the same day in 1955, …

STATE OF TAMIL NADUversusJ. JAYALALITHA

2000 INSC 308Appeal(s) allowed

The State of Tamil Nadu alleged that former Chief Minister J. Jayalalitha conspired with ten others to import coal at inflated prices, causing a loss of about Rs 6.5 crore. The Special Judge discharged her, finding the record insufficient to frame a charge, and the Madras High Court affirmed that …

RISHABH AGRO INDUSTRIES LTD.versusP.N.B. CAPITAL SERVICES LTD.

2000 INSC 309Appeal(s) allowed

Rishabh Agro Industries Ltd., ordered to be wound up by a High Court Single Judge for defaulting on a bank loan, obtained a stay of that order from the Division Bench. The company then filed a reference under Section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 before the …

ENFORCEMENT DIRECTORATE AND ANR.versusM. SAMBA SIVA RAO AND ORS.

2000 INSC 305Appeal(s) allowed

The Enforcement Directorate issued summons under Section 40 of the Foreign Exchange Regulation Act, 1973 to M. Samba Siva Rao and others, who refused to comply with the directions. The Delhi High Court held that such refusal did not attract Section 56 of the Act and dismissed the complaints. On …

STATE OF GUJARAT AND ORS.versusKAUSHIKBHAI K. PATEL AND ANR.

2000 INSC 310Dismissed

The respondent, owner of an omnibus, filed Form NT declaring non‑use of the vehicle from 1 July 1995 to 31 March 1996 and claimed a refund of motor‑vehicle tax. The refund was allowed for the first three months but denied for the remaining period because the State required proof that the non‑use …

ARNIT DASversusSTATE OF BIHAR

2000 INSC 311Dismissed

Arnit Das was arrested for a murder under IPC 302 and claimed to be a juvenile, asserting a birth date of 18‑09‑1982. The Additional Chief Judicial Magistrate ordered an enquiry under Section 32 of the Juvenile Justice Act, 1986, and, after a medical board report, concluded that Das was above 16 …

S.M. DYECHEM LTD.versusCADBURY (INDIA) LTD.

2000 INSC 312Dismissed

S.M. Dyachem Ltd. (plaintiff) claimed that its registered trademark “PIKNIK” for food products was infringed by Cadbury (India) Ltd.’s use of “PICNIC” on chocolates and sought a temporary injunction. The High Court set aside the trial court’s injunction, holding that the marks differed in essential …

K.S. BHOOPATHY AND ORS.versusKOKILAAND ORS.

2000 INSC 300Appeal(s) allowed

The plaintiffs filed a suit for injunction to stop the defendants from operating a flour mill and to claim exclusive user rights over a pathway. The trial court granted an injunction and exclusive user rights; the first appellate court modified the decree, holding the pathway was common. Before the …

RAJASTHAN STATE ELECTRICITY BOARDversusASSOCIATED STONE INDUSTRIES AND ANR.

2000 INSC 301Appeal(s) allowed

The Rajasthan State Electricity Board (RSEB) sought electricity duty from Associated Stone Industries, which excavated stones from mines and cut them into slabs, arguing that the electricity used to pump water from the mines was part of the manufacturing process and therefore exempt under the 1962 …

STATE OF WEST BENGAL AND ORSversusMD. KHALIL ETC.

2000 INSC 302Dismissed

The State of West Bengal challenged the West Bengal Taxation Tribunal’s order quashing a demand for entry tax and penalty on MD Khalil, who was found possessing dry fruits in a cold storage in Calcutta. The Authority had issued notice under Section 14(3) of the Calcutta Metropolitan Area Act, 1972, …

ADDL. DISTT. MAGISTRATE (REV.) DELHI ADMN. ETC.versusSHRI SIRI RAM ETC.

2000 INSC 289Dismissed

The Delhi Administration appealed a Delhi High Court order that had quashed amendments made by a 1989 notification to Rules 49, 63, 65, 67 and Form P‑5 of the Delhi Land Revenue Rules. The amendments excluded certain categories of land, such as "Extended Abadi", from being entered in the …

ABDUL NAZAR MADANI ETCversusSTATE OF TAMIL NADU AND ANR.

2000 INSC 290Dismissed

The petitioners, among 181 accused in the Coimbatore serial bomb blast case, filed a transfer petition under Sections 406 and 407 of the Criminal Procedure Code seeking to move the trial from Coimbatore, Tamil Nadu to Kerala, alleging that communal tension in the state would prevent a fair and …

T.K. GOPAL @ GOPIversusSTATE OF KARNATAKA

2000 INSC 291Dismissed

The appellant, T.K. Gopal, was convicted under Section 376(2) of the Indian Penal Code for raping a 1½‑year‑old girl and sentenced to ten years' rigorous imprisonment and a fine. The Supreme Court issued a notice to consider enhancing the sentence to life imprisonment. The appellant pleaded that …

BALBIR KAUR AND ANR.versusSTEEL AUTHORITY OF INDIA LTD. AND ORS.

2000 INSC 292Appeal(s) allowed

The petitioners, dependents of a deceased SAIL employee, applied for a compassionate appointment after the employee's death, but SAIL declined, citing a Family Benefit Scheme introduced under the 1989 NJSC Tripartite Agreement that required the family to deposit provident fund and gratuity amounts …

TUNGABHADRAINDUS. LTD.versusUNION OF INDIA AND ORS.

2000 INSC 288Dismissed

Tungabhadra Indus Ltd., a manufacturer of hydrogenated oil, had accumulated money credit under two separate Central Excise notifications – one issued in 1987 and later rescinded, and another issued in 1989. The company claimed it could utilise the credits from both notifications simultaneously for …

LILY THOMAS, ETC. ETCversusUNION OF INDIA AND ORS.

2000 INSC 293Dismissed

The Supreme Court dismissed a review petition and several writ petitions filed by Lily Thomas and others seeking to set aside the earlier judgment in Sarla Mudgal’s case, which held that a Hindu husband who converts to Islam without dissolving his first marriage commits bigamy under Section 494 IPC. …

SHISH RAM AND ORS.versusTHE STATE OF HARYANA AND ORS.

2000 INSC 294Dismissed

The appellants, residents of Khajuri village in Haryana, filed a writ petition seeking to stop the Gram Panchayat from leasing "charand" (common grazing) land and to have it reserved for grazing. The High Court dismissed the petition, holding that charand land falls within the definition of …

JAI MANGAL ORAONversusSMT. MIRA NAYAK AND ORS. ETC.

2000 INSC 295Dismissed

The appellant, a member of a Scheduled Tribe, claimed title to land that had been surrendered by his predecessor Nanda Oraon in 1942 to a landlord. He alleged that he was the adopted son of Sukhi Oraon and therefore succeeded to the land, filing a complaint that led the Special Officer under the …

HARESH DAYARAM THAKURversusSTATE OF MAHARASHTRA AND ORS.

2000 INSC 296Appeal(s) allowed

The dispute concerned the ownership and possession of a flat allotted by MHADA, claimed by Haresh Dayaram Thakur and his brothers. The Bombay High Court appointed a retired judge as conciliator, who conducted meetings and prepared a settlement proposal but sent the report to the court in a sealed …

RAMAVILASOM GRANDHASALAAND ORS.versusN.S.S. KARAYOGAM

2000 INSC 297Appeal(s) allowed

The plaintiff‑respondent filed a suit for declaration and possession which was dismissed, and the subsequent appeal was also dismissed. The plaintiff then filed a second appeal under Section 100 of the Code of Civil Procedure before the Kerala High Court. The High Court entertained the second appeal …

ANJUMAN KHADDAMUL HUJJAI, ETC. ETC.versusUNION OF INDIA AND ANR. ETC. ETC.

2000 INSC 298Directions issued

The Supreme Court examined the applicability of the Haj Committee Act, 1959 after pilgrim travel shifted from sea to air in 1993, rendering the ex‑officio members listed in Section 4(1)(a)‑(f) practically redundant. The petitioners sought direction to replace these members, arguing the Act had …

DALBIR SINGHversusSTATE OF HARYANA

2000 INSC 284Dismissed

The appellant, a bus driver for Haryana Roadways, knocked down and killed a cyclist and was convicted under IPC Sections 279 (rash driving) and 304-A (causing death by negligence). He appealed, seeking the benevolent provision of Section 4 of the Probation of Offenders Act, 1958, arguing that he …

STATE OF KARNATAKAversusMAN JANNA

2000 INSC 283Appeal(s) allowed

The State of Karnataka prosecuted Manjan for raping a girl who was 15 years old at the time of the offence. The trial court convicted him based on the victim’s testimony, corroborative eyewitness accounts, medical findings of injuries and seminal stains on the victim’s clothing, and the victim’s …

STATE OF RAJASTHANversusHARPHOOL SINGH (DEAD) THROUGH HIS LRS.

2000 INSC 285Appeal(s) allowed

The State of Rajasthan appealed against a decree granting title to a plot of land to the deceased Harphool Singh on the basis of adverse possession. The plaintiff claimed continuous, open and hostile possession since 1955, supported only by oral statements and electricity/water bills, and later …

D.L.F. UNIVERSAL LTD.versusAPPROPRIATE AUTHORITY AND ANR. ETC.

2000 INSC 286Disposed off

Two real‑estate developers (DLF Universal Ltd. and Ansal Properties) entered into agreements for the sale of flats that were still under construction and filed Form 37‑1 before the Income‑Tax Appropriate Authority seeking a no‑objection certificate for registration. The Authority issued notices …

SRI SIDDAPPA (DEAD) BY LRS. AND ORS.versusTHE STATE OF KARNATAKA AND ORS.

2000 INSC 287Appeal(s) allowed

The appellant, a permanent tenant of a 5‑acre plot in Karnataka, faced a resumption order under Section 14 of the Karnataka Land Reforms Act, 1961 for half of his land. Although the order was partially in the landlord's favour, the landlords never took possession and appealed for the entire plot. …

M/S. ESSAR CONSTRUCTIONSversusN.P. RAMA KRISHNA REDDY

2000 INSC 278Dismissed

Essar Constructions appealed a Supreme Court order dismissing its appeal against a High Court decision that had condoned delay in filing an application under Section 30 of the Arbitration Act, 1940. The dispute arose from three arbitrators where two awards favored Essar and one favored the …

RAJASTHAN HOUSING BOARDversusSMT. PARVATI DEVI ETC.

2000 INSC 279Disposed off

The Rajasthan Housing Board (RHB) was alleged by several homebuyers, including Parvati Devi, to have delayed construction, demanded additional payments and failed to hand over possession of allotted houses. The complainants filed a petition before the Monopolies and Restrictive Trade Practices …

COLLECTOR OF CUSTOMS, MADRASversusINDIA ORGANIC CHEMICALS LTD.

2000 INSC 280Appeal(s) allowed

India Organic Chemicals Ltd. imported a diesel engine set for Rs 8,50,740 and was assessed additional duty at 8 % ad valorem under Customs Tariff Item 68. The company claimed a refund, arguing that the set comprised a diesel engine and an alternator and that each component should be assessed …

DIWAN SUGAR MILLS AND ORS.versusSTAIB OF U.P. AND ORS.

2000 INSC 281Dismissed

Diwan Sugar Mills, a partnership that owned a sugar factory leased to Diwan Sugar and General Mills (Pvt) Ltd., claimed Rs 12 lakhs as compensation under Section 7(5) of the Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971, arguing that no deductions should be made for liabilities of the …

STATE BANK OF INDIA AND ORSversusHARBANS LAL

2000 INSC 282Appeal(s) allowed

Harbans Lal, a clerk-cum-cashier of State Bank of India, was suspended on 29 November 1990 pending a departmental enquiry into alleged misconduct. He filed writ petitions under Article 226 seeking payment of full salary during the suspension, invoking the Sastry Award as adopted by the bank. The …

AIR INDIA LTD.versusM. YOGESHWAR RAJ

2000 INSC 274Appeal(s) allowed

Air India Ltd. appointed M. Yogeshwarraj to a post reserved for Scheduled Castes/Scheduled Tribes based on a caste certificate. The company later alleged that a later‑dated caste certificate was forged and issued a show‑cause notice; an inquiry committee found him not guilty, but the Disciplinary …

STATE OF ORISSA AND ORS.versusBAIDHAR SAHU

2000 INSC 275Appeal(s) allowed

The respondent, a Stipendiary Engineer employed by the State Government in community development, was suspended by the District Collector of Koraput under Rule 12 of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 while disciplinary proceedings were contemplated. He …

K,M. ABDUL RAZZAKversusDAMODHARAN

2000 INSC 276Appeal(s) allowed

The landlord sought eviction of the tenant under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming the building was dilapidated and needed reconstruction, and that he had sufficient funds. The Rent Controller, after an inspection, found the building not …

VANEET JAINversusJAGJIT SINGH

2000 INSC 277Disposed off

The landlord applied to the Rent Controller under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, seeking eviction of the tenant on the ground of a bona‑fide need to start a Karyana business, despite being unemployed and suffering from asthma. The Rent Controller and the …

SATPAL AND ANR.versusSTATE OF HARYANA AND ORS.

2000 INSC 271Appeal(s) allowed

The Supreme Court examined a writ petition filed by the brother and widow of a murder victim challenging the Governor of Haryana’s order granting remission of the life sentence of Siriyans Kumar Jain, a convicted murderer. The High Court and Supreme Court had directed Jain to surrender and serve the …

PARBODH SAGARversusPUNJAB STATE ELECTRICITY BOARD AND ORS.

2000 INSC 272Dismissed

Parbodh Sagar, a Senior Accounts Officer of the Punjab State Electricity Board, saw his service record decline from "good" to "poor" and repeatedly filed unsuccessful litigations against the Board. The Board retired him prematurely under Regulation 3(i)(e) of the Punjab State Electricity Board …

STATE OF MAHARASHTRAversusDAMU AND ORS.

2000 INSC 273Appeal(s) allowed

The State of Maharashtra prosecuted four accused for abducting and murdering infant children as part of a superstitious ritual to uncover hidden treasure. The trial court relied on a voluntary confessional statement, corroborating circumstantial evidence, and the testimony of a child who escaped two …

T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA AND ORS.

2000 INSC 270Disposed off

The Supreme Court had constituted a High Power Committee (HPC) to fix recovery norms for veneer extraction from timber and to levy penalties on units exceeding those norms. Units were required to submit their production records by 15 January 1998, but questions arose whether the HPC could impose a …

GOVT. OF ANDHRAPRADESH AND ORSversusGUDEPU SAILOO AND ORS.

2000 INSC 266Disposed off

The respondents, who had been allotted government land on the condition that it could not be alienated without prior sanction, executed a power of attorney to sell the land. The District Revenue Officer, after receiving the respondents' explanation to a show‑cause notice, held that the assignment …

LIAQ AHMED AND ORS.versusSHRI HABEEB-UR-REHMAN

2000 INSC 267Appeal(s) allowed

The respondent, claiming ownership of a Delhi premises through a sale deed, filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958, invoking bona‑fide requirement. The appellants, tenants, contended that the property was vested in the Custodian of Enemy Property for …

SURAJ PARKASH GUPTA AND OTHERSversusSTATE OF J & K AND OTHERS

2000 INSC 268Disposed off

The case concerned the regularisation of a large number of Assistant Engineers and Assistant Executive Engineers in the Electrical Wing of Jammu & Kashmir who had been appointed on an ad‑hoc basis for periods exceeding six months without consulting the Jammu & Kashmir Public Service Commission …

M.C. MEHTAversusUNION OF INDIA AND ORS.

2000 INSC 269Disposed off

The Supreme Court was urged to enforce its May 10, 1996 order directing hazardous, noxious, heavy and large industries in Delhi to shift and surrender surplus land to the Delhi Development Authority (DDA) without compensation. The petitioners argued that the earlier order implied acquisition under …

TAMIL NADU ELECTRICITY BOARDversusSUMATHI AND ORS

2000 INSC 261Appeal(s) allowed

The Tamil Nadu Electricity Board (TNEB) appealed against High Court writ orders that awarded compensation to victims of electrocution, alleging that the High Court had improperly exercised its Article 226 jurisdiction and had referred the dispute to an arbitrator without a valid arbitration …

MALEMPATI PATIABI NARENDRA ETCversusGHATIAMANENI MARUTHI PRASAD AND ORS. ETC.

2000 INSC 262Dismissed

The case involved the murder of Gram Sarpanch Sitaram Anjanalelu, for which six persons were convicted by the trial court under Section 302 read with Section 149 of the IPC. On appeal, the Andhra Pradesh High Court upheld convictions of two accused (A‑1 and A‑3) only under Section 326 and acquitted …

JOSEPH S/O KOOVELI POULOversusSTATE OF KERALA

2000 INSC 260Case Partly allowed

The appellant Joseph was convicted of murder (Sec. 302 IPC) and robbery (Sec. 392 IPC) for allegedly luring Gracy, a convent worker, away on a false pretext, assaulting her, stealing her ornaments and causing her death by laying her on a railway track. The trial court acquitted him on all charges, …

SMT. RITA DEVI AND ORS.versusNEW INDIA ASSURANCE CO. LTD. AND ANR.

2000 INSC 263Case Allowed

The case involved the death of Dasarath Singh, an auto‑rickshaw driver, who was killed by unknown passengers while they attempted to steal the vehicle. The claimants, Rita Devi and others, filed a petition under Section 163‑A of the Motor Vehicles Act, 1988 for compensation, which was awarded by the …

MADHVI AMMA BHAWANI AMMA AND ORS.versusKUNJIKUTTY PILLAI MEENAKSHI PILLAI AND ORS.

2000 INSC 264Appeal(s) allowed

The plaintiff filed a suit for declaration as legal heir and partition of property and simultaneously applied for a Succession Certificate under the Indian Succession Act, 1925 to claim insurance proceeds. The trial court declared the plaintiff the sole heir and granted the certificate; the …

STATE OF BIHAR AND ORS. ETC.versusKAMESHWAR PRASAD SINGH AND ANR. ETC. ETC.

2000 INSC 265Disposed off

The case concerned several police officers who had been promoted on an officiating basis with a stipulation that they would not receive seniority until selected under the Bihar Police Manual Rules. The High Court had granted seniority and promotion to Brij Bihari Prasad Singh and Kameshwar Prasad …

SAGAYAMversusSTATE OF KARNATAKA

2000 INSC 252Appeal(s) allowed

The appellant was convicted by a Designated Court under Sections 3 and 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and Section 307 read with Section 34 of the Indian Penal Code for allegedly storing lethal weapons, extorting money and threatening a police officer during a …

SWARAN SINGH ETC. ETC.versusSTATE OF PUNJAB

2000 INSC 253Dismissed

The case involved the murder of Shamsher Singh and Amar Singh, allegedly committed by Swaran Singh, Jagjit Singh and others using a 12‑bore double‑barrel gun. The prosecution relied on eye‑witnesses (PW‑3 and PW‑4), forensic evidence (site plan, photographs, blood‑stained earth, post‑mortem reports, …

VIMAL CHANDRA GROVERversusBANK OF INDIA

2000 INSC 254Appeal(s) allowed

V.C. Grover obtained an overdraft facility from Bank of India by pledging shares and later requested the bank to sell 500 of those shares to clear part of his overdraft. The bank delayed the sale for several months, during which the share price fell dramatically, causing Grover a loss. He filed a …

LT. COL. P.R. CHAUDHARY (RETD.) ETC.versusMUNICIPAL CORPORATION OF DELHI AND ANR.

2000 INSC 255Appeal(s) allowed

The appellant challenged the assessment of the rateable value of his property for property tax, alleging that the Assessing Officer had ignored the Supreme Court's principle from Dr. Balbir Singh's case that the rateable value cannot exceed the standard rent and must be determined by reference to …

DR. PARAG GUPTA ETC.versusUNIVERSITY OF DELHI AND ORS

2000 INSC 256Case Partly allowed

The petitioners, MBBS graduates admitted under the 15% All‑India quota, challenged the differing reservation criteria adopted by various states for postgraduate medical seats, arguing that they were denied admission both in the state where they studied (Tamil Nadu) and their home state (Delhi). The …

STATE OF ANDHRA PRADESHversusCHALLA RAMKRISHNA REDDY AND ORS.

2000 INSC 257Dismissed

The State of Andhra Pradesh was sued by the family of Challa Chinnappa Reddy, who died after a bomb was hurled into his jail cell, alleging negligence of police officers who ignored repeated warnings of a conspiracy to kill the inmates. The trial court dismissed the suit on grounds of limitation and …

KANS RAJversusSTATE OF PUNJAB AND ORS.

2000 INSC 251Case Partly allowed

The Supreme Court examined the death of Sunita Kumari, who was found dead by asphyxiation three years after her marriage. The husband, Rakesh Kumar, and his relatives were initially convicted under Sections 304‑B, 306 and 498‑A IPC, but the High Court acquitted all of them. On appeal, the Court held …

BABULALversusHABIBNOOR KHAN (DEAD) BY LRS. AND ORS.

2000 INSC 258Appeal(s) allowed

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

UNION BANK OF INDIAversusOFFICIAL LIQUIDATOR H.C. OF CALCUTTA AND ORS .

2000 INSC 259Disposed off

The Supreme Court examined the sale of assets of Kolay Biscuits Co. Ltd., a company under liquidation, where the Company Judge ordered an auction as a going concern based largely on oral statements about 1,200 workers and a valuation report that was not disclosed to the secured creditor, Union Bank …

MURRAY AND CO.versusASHOK KR. NEWATIA AND ANR.

2000 INSC 243Disposed off

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

SYNDICATE BANKversusTHEGENERALSECRETARY,SYNDICATEBANKSTAFF ASSOCIATION AND ANR.

[2000] 3 S.C.R. 285Appeal(s) allowed

The case concerns D.K. Dayananda, a clerk of Syndicate Bank, who was absent from duty for more than 90 consecutive days. The Bank issued a show‑cause notice under Clause 16 of the Bipartite Settlement, which was returned as "refused"; the employee neither responded nor reported for duty, leading the …

KAMAL KISHORE ETCversusSTATE OF HIMACHAL PRADESH

2000 INSC 240Directions issued

The Supreme Court examined the rape of a minor girl by Kamal Kishore, whose conviction was upheld by the Himachal Pradesh High Court but the sentence was reduced to three years under the proviso of Section 376 IPC, citing the offence's age and the accused's settled life as "adequate and special …

ASGAR S. PATEL AND ORS.versusUNION OF INDIA AND ORS.

2000 INSC 244Dismissed

The appellants, six purchasers of a flat, paid Rs 4,55,000 as earnest money under a sale agreement and later faced a compulsory purchase of the property by the Central Government under Chapter XX‑C of the Income‑Tax Act, 1961. The Appropriate Authority released the consideration to the vendor and …

KULDEEP SINGH AND ORS.versusSTATE OF RAJASTHAN

2000 INSC 241Dismissed

Kuldeep Singh, Mahendra Singh, Uttam Chand and Surjeet Kaur were charged with the murder of Sohan Singh. The prosecution alleged that Singh's objection to an illicit relationship between Kuldeep and Surjeet, and to her attempt to sell her share of the house, provided motive for a conspiracy to kill. …

DENA BANKversusBHIKHABHAI PRABHUDAS PAREKH AND CO. AND ORS.

2000 INSC 245Dismissed

Dena Bank had taken a mortgage over the property of the partnership firm Mis Bhikhabhai Prabhudas Parekh & Co. and its partners. While the suit was pending, the State of Karnataka attached and auctioned the mortgaged property to recover arrears of sales tax. The trial court granted a decree to the …

D.K. JOSHIversusSTATE OF U.P. AND ORS.

2000 INSC 246Appeal(s) allowed

The appellant filed a public‑interest writ petition in the Allahabad High Court seeking a mandamus directing the State of Uttar Pradesh to take action against unqualified and unregistered medical practitioners operating in Agra district. The High Court dismissed the petition on the ground that the …

CHANDRA PARKASH SHAHIversusSTATE OF U.P. AND ORS.

2000 INSC 247Appeal(s) allowed

Chandra Parkash Shahi, a constable recruited on probation under the U.P. Police Regulations, completed his two‑year probation without blemish but was terminated a year later by a simple notice under Rule 3 of the U.P. Temporary Government Servants (Termination of Service) Rules, 1975, following a …

P.K. ABRAHAM THARAKAN (D) THROUGH LRSversusSTATE OF KERALA AND ORS

2000 INSC 248Dismissed

The legal heirs of a deceased landowner owned 122.35 acres, of which about 95 acres were rubber plantation and 3.5 acres ancillary land, while 24.30 acres were dry land. Four sons each claimed exemption from ceiling limits for their 20.39‑acre shares, which the Taluk Land Board granted and the High …

M.K. SHANMUGAM AND ANR. ETC.versusUNION OF INDIA AND ORS.

2000 INSC 242Dismissed

The appellants, Assistant Engineers (Electrical) Class II, were promoted on an ad‑hoc basis to Executive Engineer (Electrical) and later regularised. The Department’s seniority list counted their ad‑hoc service for seniority, which was challenged by directly recruited Assistant Executive Engineers …

STATE OF TAMIL NADUversusSELVI J. JAYALALITHA

2000 INSC 249Disposed off

The State of Tamil Nadu appealed to the Supreme Court seeking to uphold criminal revision petitions filed in the Madras High Court against the trial of Selvi J. Jayalalitha. The accused, through counsel, requested permission to withdraw those revision petitions without prejudice to her right to …

OM PRAKASH SHARMAversusCENTRAL BUREAU OF INVESTIGATION, DELHI

2000 INSC 233Dismissed

O.P. Sharma, a former DIG of the CBI, filed an application under Section 91 of the Criminal Procedure Code seeking the summons and production of documents he alleged would demonstrate that the CBI’s case against him was driven by malice. The Special Judge rejected the application, finding the …

STATE OF HARYANA AND ORS.versusSMT.SANTRA

2000 INSC 234Dismissed

Smt. Santra, a poor labourer with seven children, underwent a sterilisation operation at a government hospital under the family‑planning scheme and was issued a certificate stating the procedure was successful. She later became pregnant and gave birth to a child because only her right fallopian tube …

KUNAL NANDAversusUNION OF INDIA AND ANR.

2000 INSC 235Dismissed

The appellant, a CRPF officer, was deputed to the CBI and sought permanent absorption on the basis that he was a graduate. He failed to produce a graduation certificate and claimed that a degree was not required for someone of his standing, leading the CBI to doubt his integrity and repatriate him …

TATA ENGINEERING AND LOCOMOTIVE CO. LTD.versusTHE STATE OF BIHAR AND ANR.

2000 INSC 236Dismissed

Tata Engineering & Locomotive Co. Ltd., a manufacturer of automobiles, purchased large quantities of timber from licensed dealers and operated several saw‑mills within its factories to produce wooden components for its vehicles. The State of Bihar issued a notice requiring the company to obtain a …

KARNATAKA STATE ROAD TRANSPORT CORPORATION AND ANR.versusS. MANJUNATH ETC.

2000 INSC 238Dismissed

Three employees of Karnataka State Road Transport Corporation were placed on a two‑year probation and later terminated after the probation period ended. They challenged the terminations before the High Court, which held that the corporation could not terminate their services after the maximum …

UNION OF INDIA AND ANRversusCHARANJIT S. GILL AND ORS

2000 INSC 231Dismissed

The respondent, a Major in the Indian Army, was tried by a General Court Martial (GCM) for offences under Sections 39(1) and 63 of the Army Act. The GCM appointed a Captain as Judge‑Advocate, a rank lower than the accused. The GCM convicted and sentenced the Major, the sentence was later revised to …

GANTUSA H. BADDI (DEAD) BY LRS.versusMEERABAI G. PAI AND ORS.

2000 INSC 232Appeal(s) allowed

The landlord sought eviction of the deceased tenant Gantusa H. Badri's premises under Sections 21(1)(a), (h) and (p) of the Karnataka Rent Control Act, 1961, alleging arrears and that the tenant had acquired an alternative suitable building through a partnership firm. The Munsiff dismissed the …

GAURISHANKARPRASADversusSTATE OF BIHAR AND ANR.

2000 INSC 227Appeal(s) allowed

Gauri Shankar Prasad, a Sub‑Divisional Magistrate, entered a complainant's clinic to enforce a court‑ordered removal of encroachments on government land, used abusive language and dragged the complainant out. The complainant filed a criminal complaint alleging offences under Sections 323, 504 and …

M. RAMALINGA THEVARversusSTATE OF TAMIL NADU AND ORS.

2000 INSC 228Dismissed

The appellant, M. Ramalinga Thevar, challenged a notification under Section 4(1) of the Land Acquisition Act, 1894. While his writ petition was pending, the government issued a declaration under Section 6, but the Land Acquisition Collector passed the award more than two years after the declaration. …

R.N. DEY AND ORS.versusBHAGYABATI PRAMENIK AND ORS.

2000 INSC 229Appeal(s) allowed

The State of West Bengal, having acquired land under the Estates Acquisition Act, 1953, was ordered by a Land Acquisition Judge to pay compensation to certain claimants. The State later discovered that the claimants had no title to the land and sought to vacate the interim payment order of the …

V.H. PATEL AND COMPANY AND ORS.versusHIRUBHAI HIMABHAI PATEL AND ORS.

2000 INSC 222Dismissed

The partnership firm V.H. Patel & Co. and its members sued former partner H.H. Patel for declaration that a retirement deed was void and for injunction against his use of three trademarks. The parties entered a consent order referring all disputes arising from the partnership agreement, retirement …

RAGHBIR SINGHversusSTATE OF HARYANA

2000 INSC 223Dismissed

Raghbir Singh was convicted under Section 302 IPC for the murder of Arjun Singh after eyewitnesses Nasib Singh and Banarsi testified that the appellant shot the victim. The appellant challenged the conviction on three grounds: the alleged delay in filing the FIR, the alleged non‑presence of the …

JAMNALAL AND ORS.versusRADHESHYAM

2000 INSC 224Appeal(s) allowed

The landlords owned a property in Ujjain and let three rooms to the tenant at Rs.60 per month. The tenant defaulted on rent for March‑July 1976 and produced forged receipts; the landlords gave notice of termination for arrears and nuisance and sued for eviction under Section 12(1)(a) of the Madhya …

UNION OF INDIA AND ANRversusRS.SHARMA

2000 INSC 221Appeal(s) allowed

The respondent, a Divisional Engineer in the Telecom Department, had his promotion placed under a sealed cover because of pending CBI investigations into serious financial misdemeanors. After the investigation, the Government granted formal sanction to prosecute him, but the Departmental Promotion …

BALWANT KAUR AND ANR .versusCHANAN SINGH AND ORS.

2000 INSC 225Appeal(s) allowed

Sham Singh, the sole owner of a 47-kanal land, executed a will bequeathing two‑thirds of the property to his brothers and one‑third to his widowed daughter, Balwant Kaur, as a life interest that would revert to the brothers on her death. The daughter, a destitute dependent of her father, claimed …

STANDARD CHARTERED BANK AND ANR. ETC.versusCUSTODIAN AND ANOTHER ETC.

2000 INSC 226Case Partly allowed

The Supreme Court examined a dispute arising under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 where Standard Chartered Bank claimed that shares and securities pledged by broker Hiten Dalal were its security against a loss of Rs. 280.80 crore. The Court …

R.SARALAversusT.S.VELU

2000 INSC 216Appeal(s) allowed

The case arose from the suicide of a young bride, Selvi, after which the police investigated and filed a charge‑sheet against her husband and his mother under Sections 304B and 498A IPC. Dissatisfied that the sister‑in‑law and her father were not named, the deceased's father approached the Madras …

SHAMBHU MURARI SINHAversusPROJECT AND DEVELOPMENT INDIA AND ANR

2000 INSC 217Appeal(s) allowed

The appellant, a government employee, applied for voluntary retirement under a scheme and his request was accepted by the employer on 30 July 1997, but he was not relieved from service until 26 September 1997. Before being relieved, he sent a letter on 7 August 1997 withdrawing his retirement …

EDWARD KEVENTER PVT. LIMITEDversusBIHAR STATE AGRICULTURAL MARKETING BOARD AND ORS.

2000 INSC 211Appeal(s) allowed

Edward Keventer Pvt Ltd, a manufacturer of the ready‑to‑serve fruit drinks ‘Frooti’ and ‘Appy’, challenged a market fee notice issued by the Bihar State Agricultural Marketing Board under the Bihar Agricultural Produce Market Act, 1960. The Board treated the drinks as mango and apple products and …

STATE OF U.P.versusBABU RAM

2000 INSC 212Appeal(s) allowed

The State prosecuted Babu Ram for the murder of his parents and brother, relying on circumstantial evidence such as his own statements, recovery of spades and a blood‑stained cloth, and his pointing to the burial site. The trial court convicted him and imposed the death penalty, but the Allahabad …

INDIAN OVERSEAS BANKversusI.O.B. STAFF CANTEEN WORKERS UNION AND ANR.

2000 INSC 213Dismissed

The Indian Overseas Bank (IOB) provided a staff canteen from 1973, initially through a contractor and later via a co‑operative society run by bank employees. The bank supplied premises, equipment, subsidies and other support, while the canteen workers were paid from these funds. When the canteen was …

DAL-ICHI KARKARIA LTD.versusUNION OF INDIA AND ORS.

2000 INSC 215Appeal(s) allowed

The appellant, Dai-ichi Karkaria Ltd., imported raw materials for manufacturing goods supplied to ONGC under a customs duty exemption granted by Notification No. 210/82 (amended 1983) which was to remain in force until 10 September 1987. The Union of India later issued Notification No. 513/86, …

AJAIB SINGHversusSTATE OF PUNJAB

2000 INSC 209Dismissed

Ajaib Singh and Sapinder Singh were convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of poppy husk. They appealed, arguing that the statute only criminalises "poppy straw" and that poppy husk is neither defined nor contains more than 0.2% …

KAPUS EKADHIKAR KARMACHARI SANGHversusSTATE OF MAHARASHTRA AND ANR

2000 INSC 210Dismissed

The Kapus Ekadhikar Karmachari Sangh filed a writ petition seeking to quash an award passed by the Industrial Court under the Maharashtra Raw Cotton (Procurement, Processing and Marketing) Act, 1971. The Bombay High Court dismissed the petition, relying on the Supreme Court’s decision in Maharashtra …

CAMILO VAZversusSTATE OF GOA

2000 INSC 206Case Partly allowed

Camilo Vaz was part of a gang of seventeen accused tried for the murder of Sub‑Inspector Simon Fernandez and the attempted murder of his brothers during a violent clash between rival village groups. The Sessions Court convicted five, including Vaz, of murder under Section 302 read with Sections …