Created by Fuzzy Cloud

Judgments of 2001

611 judgments · newest first · showing 1–200

FATHER THOMAS SHINGARE AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2001 INSC 608Disposed off

The father of a student filed a criminal complaint under Section 7 of the Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987, alleging that a minority‑run unaided school had collected amounts in excess of the prescribed fee rates. The Magistrate took cognizance, and the …

STATE OF MAHARASHTRAversusMARWANJEE F. DESAI AND ORS.

2001 INSC 609Appeal(s) allowed

The State of Maharashtra sought to evict occupants of several government‑owned plots under the Bombay Government Premises (Eviction) Act, 1955. After issuing show‑cause notices, the competent authority terminated the eviction proceedings by an order dated 16 December 1980 stating that the …

ASHOK NAGAR WELFARE ASSOCIATION AND ANR.versusR.K. SHARMA AND ORS.

2001 INSC 610Dismissed

The Ashok Nagar Welfare Association filed suits under Section 6 of the Specific Relief Act seeking possession of land allegedly occupied unlawfully by the respondents. A Single Judge of the Delhi High Court passed ex‑parte decrees on the basis that summons were served, although the summons were …

LIMBAJI AND OTHERSversusSTATE OF MAHARASHTRA

2001 INSC 611Case Partly allowed

The appellants Limbaji and two others were charged with murder and robbery of Baburao, whose ornaments were recovered after the accused, while in custody, pointed to their locations. The High Court had convicted them of both murder (Sec. 302 IPC) and robbery (Sec. 394 IPC) using the presumption …

DAVINDER PAL SEHGAL AND ANR.versusM/S PARTAP STEEL ROLLING MILLS PVT. LTD. AND ORS.

2001 INSC 607Appeal(s) allowed

The appellants, settled abroad, filed a suit for declaration and possession but their advocate could not appear on the scheduled date due to a family emergency, and no notice of the next hearing was received. The trial court dismissed the suit for non‑prosecution and later dismissed two restoration …

K.S. BHOIRversusSTATE OF MAHARASHTRA

2001 INSC 605Dismissed

The Maharashtra Health Sciences Common Entrance Test of 2001 contained errors in the biology paper of one version, leading the State to re‑evaluate answer sheets and issue a revised merit list that displaced several already admitted students. To accommodate the displaced candidates, the State …

COLLECTOR OF CENTRAL EXCISE VADODRAversusM/S. DHIREN CHEMICAL INDUSTRIES

2001 INSC 604Directions issued

The Supreme Court examined the phrase "on which the appropriate amount of duty of excise has already been paid" in an exemption notification that relieves goods made from duty‑paid material from further excise duty. The Court held that for the exemption to apply, the raw material must have actually …

PRAKASH DHAWAL KHAIRNAR (PATIL)versusSTATE OF MAHARASHTRA

2001 INSC 606Disposed off

The case involved a dispute over agricultural land that led Prakash Dhawal Khairnar (Patil) to murder his brother, mother, sister‑in‑law and five other relatives. The prosecution relied on strong circumstantial evidence—motive, blood‑stained clothing, a shoulder injury, eyewitness identification, …

KARI CHOUDHARYversusMOST. SITA DEVI AND ORS.

2001 INSC 603Appeal(s) allowed

The brother of the deceased appealed against the Patna High Court’s order quashing criminal proceedings against the mother‑in‑law, Sita Devi, and others. Sita Devi had originally lodged FIR No. 135 alleging outsiders murdered her daughter‑in‑law, but police later discovered that the murder was a …

BALCO EMPLOYEES UNION (REGD.)versusUNION OF INDIA AND ORS.

2001 INSC 601Dismissed

The Union of India sold a 51% stake in Bharat Aluminium Company Ltd (BALCO), a public sector undertaking, to Sterlite Industries, prompting challenges by the BALCO Employees Union, the State of Madhya Pradesh, and a public‑interest litigant. The petitioners argued that the disinvestment violated …

FAKIR MOHD. (DEAD) BY LRS.versusSITA RAM

2001 INSC 602Dismissed

The tenant occupied a shop in the landlord's building and fell into arrears of rent, prompting the landlord to file an eviction suit under Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The tenant had previously deposited rent in court under Section 19A, and again …

PANCHDEO SINGHversusSTATE OF BIHAR

2001 INSC 600Appeal(s) allowed

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

THE STATE OF MAHARASHTRAversusINDIAN MEDICAL ASSOCIATION AND ORS.

2001 INSC 597Appeal(s) allowed

The State of Maharashtra decided to establish a government medical college at Kolhapur, which was challenged by the Indian Medical Association on the ground that the State had not filed an application with the Maharashtra University of Health Sciences under Section 64 of the Act and that the …

HARJEET SINGH @ SEETAversusSTATE OF PUNJAB AND ANR.

2001 INSC 598Appeal(s) allowed

Harjeet Singh, charged under Sections 302/34 and 307/34 of the IPC, applied for bail which was denied by the trial court but granted by a Single Judge of the Punjab and Haryana High Court. The State filed a separate application before another High Court judge seeking cancellation of the bail on the …

SURESH CHANDRA PODDARversusDHANI RAM AND ORS.

2001 INSC 599Disposed off

The Central Administrative Tribunal (CAT) ordered a fresh seniority list on 3 November 1999 without fixing a time‑limit for compliance. The Director of Education complied on 27 October 2000, while the order was simultaneously challenged before the Delhi High Court under Article 226. Despite the …

SUDAMA PANDEY AND ORS.versusSTATE OF BIHAR

2001 INSC 596Appeal(s) allowed

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

KUNJAN VASUversusMADHAVAN ACHARI AND ORS.

2001 INSC 591Appeal(s) allowed

The appellant, a Kudikidappukaran, occupied a hut (Kudikidappu) on land belonging to the first respondent. He was permitted to occupy the hut by a mortgagee who held a mortgage over only two cents of the land. The appellant applied to purchase ten cents of land adjoining his Kudikidappu, as provided …

STATE OF MAHARASHTRAversusMRS. BHARATI CHANDMAL VARMA @AYESHA KHAN

2001 INSC 592Dismissed

The respondent, Ayesha Khan (also known as Bharati Chandmal Varma), was arrested on 1 April 2001 for several IPC offences and remanded on 2 April. During investigation, authorities discovered organised crime offences under the Maharashtra Control of Organised Crime Act, 1999 (MCOC) and obtained …

BAHADUR SINGHversusSTATE OF MADHYA PRADESH AND ANR.

2001 INSC 593Appeal(s) allowed

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

LAXMIKANT V. PATELversusCHETANBHAI SHAH AND ANR.

2001 INSC 594Appeal(s) allowed

The plaintiff, who had been operating a colour lab and studio under the trade name "Muktajivan Colour Lab and Studio" since at least 1995, sued the defendants for passing off after they intended to use the same name for a similar business. The plaintiff sought a permanent injunction and an …

WEST BENGAL STATE ELECTRICITY BOARDversusCALCUTTA ELECTRIC SUPPLY CORPN. LTD.

2001 INSC 595Dismissed

The West Bengal State Electricity Board (the Board) had initially consented to the establishment of a new thermal generating station at Budge Budge, but the project cost later escalated. The licensee, Calcutta Electric Supply Corporation Ltd., sought further Board consent for the revised cost, which …

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

2001 INSC 590Directions issued

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

M/S. SHARMA TRANSPORT REP. BY SHRI D.P. SHARMAversusGOVERNMENT OF A.P. AND ORS.

2001 INSC 589Dismissed

The Supreme Court dismissed appeals by Sharma Transport and other tourist bus operators challenging the Andhra Pradesh Government's cancellation of a tax concession for tourist vehicles. The operators argued that the concession, granted based on a 1993 letter from the Union Government, could not be …

THE INCOME TAX OFFICER, NEW DELHIversusDELHI DEVELOPMENT AUTHORITY

2001 INSC 587Dismissed

The Delhi Development Authority (DDA) failed to deduct tax at source on interest paid to flat buyers, leading to a tax demand for assessment years 1987-88, 1988-89 and 1989-90. The Income Tax Appellate Tribunal set aside the assessments, held the payments were not "interest" within Section 2(28A), …

STATE OF BIHAR AND ANR.versusMD. KHALIQUE AND ANR.

2001 INSC 584Appeal(s) allowed

The State of Bihar filed an FIR alleging that six government revenue officers colluded with two private individuals to forge assessment orders under the Bihar Land Reforms Act, 1955, thereby misappropriating state funds. The FIR, registered under IPC sections 419, 420, 467 and 120B, named eight …

SUKHAN RAUT AND ORS.versusSTATE OF BIHAR

2001 INSC 585Disposed off

The incident occurred on 21 July 1981 when a group of accused, armed with lathis, entered the field of Sardari Raut and Hakim Raut to forcibly dispossess them of land. During the confrontation, Sukhan Raut ordered Bhaiya Mani Raut to strike Sardari Raut, who received a blow to the head and later …

S. SUNDARESA PAI AND ORS.versusMRS. SUMANGALA T. PAI AND ANR.

2001 INSC 586Appeal(s) allowed

The plaintiff, a daughter of the deceased Indira Bai, sued her siblings and father claiming a one-sixth share of the estate, alleging the will dated 26 August 1981 was forged. The trial court upheld the will based on attesting witnesses, but the Kerala High Court set aside that finding, deeming the …

SHAILENDRA KUMARversusSTATE OF BIHAR AND ORS.

2001 INSC 583Appeal(s) allowed

The appellant alleged that his mother was murdered and the accused were charged under Sections 148, 149, 323, 449 and 302 of the IPC. The Sessions Judge closed the prosecution evidence because the appellant did not request further examination of witnesses. After the case was transferred, a new …

STATE OF RAJASTHAN AND ANR.versusM/S. NAV BHARAT CONSTRUCTION CO.

2001 INSC 582Disposed off

The State of Rajasthan appealed against an arbitration award that granted the contractor, M/s Nav Bharat Construction Co., interest of 18% on delayed payments. The contractor had also obtained a district court award of 15% interest, both of which were confirmed by the Rajasthan High Court. The …

N.S.S NARAYANA SARMA AND ORS.versusM/S. GOLDSTONE EXPORTS (P) LTD. AND ORS.

2001 INSC 580Appeal(s) allowed

The original suit sought partition of a 196‑acre property in Hydernagar village, resulting in a preliminary decree that became final and a commissioner was appointed for division. Respondents, assignees of decree‑holders, obtained possession of their shares through execution proceedings. The …

KAMALESHWAR KISHORE SINGHversusPARAS NATH SINGH AND ORS.

2001 INSC 579Appeal(s) allowed

Kamaleshwar Kishore Singh filed a partition suit valued at Rs 16 lakhs and paid a fixed court fee of Rs 29.25, assuming it was a simple partition case. Defendant No. 20 objected, leading the trial court to order payment of ad‑valorem court fee on 10% of the sale‑deed value of certain properties. The …

COMMON CAUSE,REGISTERED SOCIETYversusUNION OF INDIA

2001 INSC 578Dismissed

The petitioners challenged the constitutional validity of Section SA (also referred to as Section 8A) of the Salaries, Allowances and Pension of Members of Parliament Act, 1954, which provides a pension to former Members of Parliament. They argued that Article 106 of the Constitution only authorises …

PRITISHversusSTATE OF MAHARASHTRA AND ORS.

2001 INSC 576Dismissed

The appellant, a beneficiary of an enhanced compensation award in a land‑acquisition case, was found by the reference court to have used forged documents and was directed to be prosecuted under Section 340 of the Criminal Procedure Code, 1973. He appealed to the High Court under Section 341, …

STATE OF BIHAR AND ORS.versusJAIN PLASTICS AND CHEMICALS LTD.

2001 INSC 577Appeal(s) allowed

The State of Bihar and others entered into a contract with Jain Plastics & Chemicals Ltd. for the supply of PVC pipes and fittings, but the company delayed delivery, leading the appellants to terminate the contract and procure the fittings at a higher price. The appellants deducted the additional …

THE SOCIETY OF ST. JOSEPH'S COLLEGEversusUNION OF INDIA AND ORS.

2001 INSC 573Disposed off

The Society of St. Joseph's College, a religious minority educational institution, owned a building that the State sought to acquire under the Land Acquisition Act, 1894. The college filed a writ petition under Article 32 seeking a declaration that Article 30(1A) of the Constitution bars the …

G.C.KAPOORversusNAND KUMAR BHASIN AND ORS.

2001 INSC 574Appeal(s) allowed

The landlord, G.C. Kapoor, let a premises to a tenant when his son Rohit was a minor. After Rohit obtained a post‑graduate diploma in computer science, the landlord filed an eviction petition under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, …

MADHEGOWDA (D) BY LRS.versusANKEGOWDA (D) LRS. AND ORS.

2001 INSC 575Dismissed

The appellant Madhegowda purchased the share of a minor, Sakamma, in a property from her sister Madamma, who acted as a de facto guardian, in 1961. After attaining majority, Sakamma sold the same share to Ankegowda in 1967, leading to a suit for declaration of title, partition and possession. The …

SRINIWAS RAMNATH KHATODversusSTATE OF MAHARSHTRA AND ORS.

2001 INSC 571Dismissed

The appellant's land was acquired under the Land Acquisition Act, 1894. A notification under s.4 was last published on 30‑Jan‑1986 and a declaration under s.6 was made on 29‑Jan‑1987, with its first newspaper publication on 30‑Jan‑1987 and later publication in the Official Gazette on 19‑Mar‑1987. …

M/S. M.M.T.C. LTD. AND ANR.versusM/S. MEDCHL CHEMICALS AND PHARMA (P) LTD. AND ANR.

2001 INSC 572Disposed off

The appellant, MMTC Ltd., filed two complaints under Section 138 of the Negotiable Instruments Act against the respondent company for cheques that were returned marked "payment stopped by drawer". The complaints were filed by the appellant’s regional manager, who allegedly lacked authority to …

MAHENDRA AND MAHENDRA PAPER MILLS LTD.versusMAHINDRA AND MAHINDRA LTD.

2001 INSC 568Dismissed

Mahindra & Mahindra Ltd., a long‑standing user of the registered trademark "Mahindra", sued Mahendra & Mahindra Paper Mills Ltd. for passing‑off and trademark infringement, seeking permanent and interim injunctions to stop the defendant from using the name "Mahendra & Mahendra". The Bombay High …

RAJENDRA TIWARYversusBASUDEO PRASAD AND ANR.

2001 INSC 569Appeal(s) allowed

The plaintiffs filed a suit for eviction of the defendant under the Bihar Building (Lease, Rent and Eviction) Control Act, 1982, alleging default in rent, personal requirement and damage, and claimed title to the premises through three sale deeds. The defendant denied being a tenant of the …

MADANLALversusSHYAMLAL

2001 INSC 570Dismissed

The respondent filed a suit for specific performance of a land sale agreement. After the plaintiff's evidence was closed, the defendant (appellant) applied under Order 13 Rule 2 of the CPC for production of a land acquisition award, electricity bills, and a registered sale deed. The trial court …

SHASHI KAPILAversusR.P.ASHWIN

2001 INSC 567Disposed off

The landlord sought eviction of a long‑term tenant under Section 21(1) of the Karnataka Rent Control Act, claiming bona‑fide need for occupation and rent arrears. The tenant argued that the landlord had entered into a sale agreement with a partnership firm of which the tenant was a partner, invoking …

CHANDRIKA PRASAD (D) THR. LRS. AND ANR.versusUMESH KUMAR VERMA AND ORS.

2001 INSC 564Appeal(s) allowed

The landlords filed an eviction suit under Section 11(1)(c) of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982, claiming that the premises were needed in good faith for their own use and for a clinic of the son‑in‑law. The trial court, after examining the evidence, held that the …

V. JAGANNADHA RAO AND ORS.versusSTATE OF A.P. AND ORS.

2001 INSC 563Dismissed

The appellants, senior assistants of the Factories and Boilers Department, challenged Special Rules made under the proviso to Article 309 that allowed their transfer to higher posts in the Labour Department. The Andhra Pradesh Administrative Tribunal had declared those Rules void for violating the …

BHARTI TELECOM LTD.versusCOMMISSIONER OF CUSTOMS

2001 INSC 565Dismissed

Bharti Telecom Ltd imported polypropylene under the Value Based Advance Licensing Scheme (VBALS) and claimed duty‑free clearance under Notification No. 203/92. The Customs Department issued a show‑cause notice alleging that Bharti had availed MODVAT credit on inputs used for export, thereby …

STATE OF WEST BENGALversusGOPAL SARKAR

2001 INSC 566Appeal(s) allowed

During a raid on Gopal Sarkar's saw‑mill, forest officials seized illegally felled timber along with a band‑saw and related implements. The authorised officer, invoking Section 59A(3) of the Indian Forest Act, 1927 (West Bengal Amendment, 1988), ordered confiscation of both the timber (property of …

ADHYATMA BHATIAR ALWARversusADHYATMA BHATIAR SRI DEVI

2001 INSC 560Appeal(s) allowed

Adhyatma Bhattar Alwar filed a petition for divorce under Section 13(1)(ib) of the Hindu Marriage Act, 1955, alleging that his wife, Sri Devi, had deserted him for more than two years after the birth of their child. The wife claimed she stayed with her parents because her father‑in‑law made indecent …

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

2001 INSC 561Appeal(s) allowed

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

M/S. BRITISH AIRWAYS PLC.versusUNION OF INDIA AND ORS.

2001 INSC 562Dismissed

The aircraft of British Airways unloaded cargo at Delhi airport. Customs authorities issued show‑cause notices alleging that some packages were short and imposed a penalty under Section 116 of the Customs Act. The carrier argued that it was not the ‘person in charge’ of the aircraft under Section …

STATE OF A.P. AND ORS.versusN. AUDIKESAVA REDDY AND ORS.

2001 INSC 559Case Partly allowed

The case concerned the interpretation of the Urban Land (Ceiling & Regulations) Act, 1976 with respect to whether a master plan existing at the time of the Act's commencement or a later master plan should be used to determine if land is vacant land in excess of the ceiling limit. The State of Andhra …

GURDEV SINGHversusUNION OF INDIA AND ORS.

2001 INSC 554Dismissed

The appellant Gurdev Singh challenged the detention of his son, Swarn Singh Sandhu, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), alleging misuse of the Duty Entitlement Pass Book (DEPB) export incentive scheme and forging …

OUSEPH MATHAI AND ORS.versusM. ABDUL KHADIR

2001 INSC 555Appeal(s) allowed

The landlord Joseph Mathai filed an eviction petition under the Kerala Building (Lease & Rent Control) Act, 1965 on grounds of arrears of rent and bona‑fide need for reconstruction. The Rent Control Court initially dismissed the arrears claim but later allowed eviction on reconstruction; the tenant …

S.N. KAPOOR (DEAD) BY HIS LRS.versusBASANT LAL KHATRI AND ORS.

2001 INSC 556Appeal(s) allowed

The appellant, a widow of the original landlord S.N. Kapoor, sought eviction of the tenant under Section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide need for the premises. The Rent Controller held the claim not bona‑fide, and the Delhi High Court dismissed both the revision …

JAYAWANT DATTATRAY SURYARAOversusSTATE OF MAHARASHTRA

2001 INSC 558Dismissed

The case involved a shoot‑out at J.J. Hospital in Mumbai on 12 September 1992, resulting in the murder of a prisoner and two police constables and injuries to several others. The accused – A‑2 (Jayawant Dattatray Suryarao), A‑6 (Subhashsingh Thakur) and A‑7 (Shamkishore Garikapatti) – were convicted …

MURLI S. DEORAversusUNION OF INDIA AND ORS.

2001 INSC 551Directions issued

The petitioners sought a direction under Article 32 of the Constitution to prohibit smoking in public places, arguing that passive smoking infringes the fundamental right to life under Article 21. The Court examined the harmful health effects of tobacco smoke, both for smokers and non‑smokers, and …

N. PRABHAKAR RAOversusJ.R. RAMESH KUMAR@RAMESHJI

2001 INSC 552Leave Granted & Allowed

The tenant, N. Prabhakar Rao, occupied a building (both residential and non‑residential) under a lease dated 5 February 1974, paying Rs.160 per month. The landlord, J.R. Ramesh Kumar, filed an eviction petition under Section 10(3)(a) of the Andhra Pradesh Buildings (Lease, Rent & Eviction) Control …

STATE OF MAHARASHTRAversusBHARAT FAKIRA DHIWAR

2001 INSC 549Appeal(s) allowed

The State prosecuted Bharat Fakira Dhivar for the murder and rape of a three‑year‑old girl, Nisha, relying on the testimony of two child witnesses who saw the accused carrying a blood‑stained bag, and on forensic evidence linking the accused to the crime. The trial court convicted the accused under …

NAZIR AHMAD BHAITversusSTATE OF DELHI

2001 INSC 548Dismissed

Nazir Ahmad Bhatti, a bank manager, was arrested after a police raid recovered a cassette, stickers and floppies allegedly containing secessionist material. He gave a confession to the Deputy Commissioner of Police (PW‑4) under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act …

ROSHANDEENversusPREETILAL

2001 INSC 550Appeal(s) allowed

Roshan Deen, a workman injured while operating machinery at Preeti Lal's flour mill, claimed compensation under the Workmen's Compensation Act, 1923. While the claim was pending, the Commissioner dismissed it on the basis of an alleged agreement between the parties that Deen would withdraw his …

VEERA EXPORTSversusT. KALAVATHY

2001 INSC 553Disposed off

The respondent issued eight cheques to the appellant in April 1995, which were dishonoured when presented in May 1995. After being asked for more time, the respondent altered the dates of the cheques to 1996 and presented them again in July 1996, where they were again dishonoured. The appellant …

P. NIRATHILINGAMversusANNAYA NADAR AND ORS.

2001 INSC 544Appeal(s) allowed

The appellant, a debtor, mortgaged land and later applied to the Special Tahsildar under the Tamil Nadu Debt Relief Act, 1980 for relief. The creditor, having been assigned the mortgage, opposed the application and filed a civil suit for recovery of the mortgage amount. The Special Tahsildar, after …

GANESH LALversusSTATE OF RAJASTHAN

2001 INSC 545Dismissed

The appellant Ganesh Lal was convicted for raping, murdering and stealing from an 11‑year‑old girl. The prosecution relied on a series of circumstantial facts: the recovery of the victim's silver ornaments (kuralias) and a blood‑stained axe at the accused's direction, possession of blood‑ and …

UNION OF INDIA AND ORS.versusADANI EXPORTS LTD. AND ANR.

2001 INSC 546Appeal(s) allowed

The Union of India and others appealed against the Gujarat High Court’s order allowing special civil applications filed by Adani Exports Ltd. and others seeking the benefit of a Pass‑Book Scheme under the Import‑Export Policy for shrimp exports. The central issue was whether the Gujarat High Court …

SRI KEMPAIAHversusLINGAIAH AND ORS.

2001 INSC 547Dismissed

The landlord, Sri Kempaiah, filed an eviction petition under the Karnataka Rent Control Act, 1961, claiming a reasonable and bonafide requirement for the premises and alleging arrears of rent. The trial court allowed eviction on the basis of bonafide requirement but rejected the landlord’s claim of …

STATE OF PUNJABversusRAGHBIR CHAND SHARMA AND ANR.

2001 INSC 535Appeal(s) allowed

The State of Punjab issued a notification for the post of Assistant Advocate General and prepared a select panel of three candidates. The first candidate accepted the offer, was appointed, and later resigned; the second candidate declined the appointment. The State then appointed the second …

PARMESHWAR PRASADversusUNION OF INDIA AND ORS.

2001 INSC 536Dismissed

Parmeshw ar Prasad, a Bihar Statistical Service officer, was recommended for appointment to the IAS cadre by selection under the IAS (Appointment by Selection) Regulations, 1956. The State Scrutiny Committee failed to hold meetings for short‑listing candidates for 1994‑95 and 1995‑96, and in 1996 …

B.D. SHETTY AND ORS.versusM/S. CEAT LTD. AND ANR.

2001 INSC 537Leave Granted & Allowed

The workmen (appellants) left their original trade union, were falsely accused of assault, arrested and suspended, and a domestic inquiry was initiated under the Model Standing Orders. They obtained a stay of the domestic inquiry from the Labour Court pending the criminal trial, after which the …

STATE OF TAMIL NADUversusPARAMASIVA PANDIAN

2001 INSC 538Leave Granted & Dismissed

Special Courts were created under the Essential Commodities (Special Provisions) Act, 1981 to try offences under the Essential Commodities Act, 1955, and later were also empowered to try NDPS offences. The EC (Special Provisions) Act lapsed in 1998, causing those courts to lose jurisdiction over EC …

ANTONYSAMIversusARULANANDAM PILLAI (D) BY LRS. AND ANR.

2001 INSC 539Dismissed

The appellant, Antonysami, obtained a decree for specific performance of a sale, directing the judgment debtor to measure and demarcate the land by 23‑Sep‑1966 and to deposit the balance price by the same date. The appellant complied with the deposit, but the debtor delayed the measurement until …

SANTOSH YADAVversusNARENDER SINGH

2001 INSC 533Dismissed

In the 2000 Haryana Assembly election for the Ateli constituency, the appellant Santosh Yadav (INLD) lost to Narender Singh (INC) by a margin of 334 votes. Yadav challenged the result, alleging that the election was materially affected by the improper acceptance of the nomination of independent …

ASIA RESORTS LTD.versusUSHA BRECO LTD.

2001 INSC 540Disposed off

Asia Resorts Ltd. contracted Usha Breco Ltd. to install a ropeway system which failed to meet specifications. Asia Resorts issued a notice on 17 April 1990 and received a definitive denial on 17 May 1990, after which it filed a petition under Section 20 of the Arbitration Act on 30 November 1993. …

THANEDAR SINGHversusSTATE OF MADHYA PRADESH

2001 INSC 534Appeal(s) allowed

The appellant, Thanedar Singh, was convicted for murder by the Madhya Pradesh High Court after the trial court had acquitted him. The Supreme Court examined whether the High Court erred in overturning the acquittal, focusing on the credibility of the eye‑witness (the victim's father), the …

JOHN MATHAI ABRRAHAMversusM/S. BRITISH PHYSICAL LAB. INDIA LTD.

2001 INSC 542Appeal(s) allowed

The appellant, John Mathai Abraham, owned a fractional undivided share in a large building in Bangalore and sought eviction of the respondent, British Physical Lab India Ltd, under Section 21(1)(h) of the Karnataka Rent Control Act, 1961, claiming a bona fide need for personal residence and …

J.P. ANANDversusD.G. BAFFNA

2001 INSC 543Dismissed

The landlord filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, claiming a bona‑fide personal requirement for the premises. The tenant applied under Section 25B(5) for leave to contest the eviction, but the Additional Rent Controller dismissed the application and …

V. PURUSHOTHAM RAOversusUNION OF INDIA AND ORS.

2001 INSC 526Dismissed

The Supreme Court examined appeals against the Delhi High Court’s cancellation of petrol pump, LPG and SKO dealership allotments made by the Minister of Petroleum under a discretionary quota. The Court held that the 1995 Supreme Court guidelines did not tacitly approve prior allotments, and that the …

STATE (DELHI ADMINISTRATION)versusDHARAMPAL

2001 INSC 527Disposed off

The State of Delhi appealed the acquittal of Dharampal, who had been convicted under the Prevention of Food Adulteration Act for selling adulterated "lal mirch kutti". The Sessions Judge had set aside the conviction on the ground that the contents of the Central Food Laboratory certificate were not …

STATE OF BIHARversusBAIDNATH PRASAD@ BAIDYANATH SHAH AND ANR.

2001 INSC 528Leave Granted & Allowed

An FIR under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 was filed in 1991 and a complaint was lodged before a Judicial Magistrate on 13‑01‑1992. After a series of revisions and a long period of inactivity—largely caused by the accused’s own challenges and absence—the case …

VEERAYEE AMMALversusSEENI AMMAL

2001 INSC 529Appeal(s) allowed

The appellant entered into a sale agreement for land where time was not stipulated as the essence. When the respondent failed to execute the sale deed, the appellant sued for specific performance. The trial court and the first appellate court both held that time was not essential, the appellant was …

GULAM HUSSAIN SHAIKH CHOUGULEversusS. REYNOLDS, SUPTD. OF CUSTOMS, MARMGOA

2001 INSC 530Dismissed

Gulam Hussain Shaikh Chougule was convicted under Section 135 of the Customs Act for allegedly smuggling 207 silver ingots aboard a trawler intercepted by customs officers. During the investigation, his statement was recorded by a gazetted customs officer under Section 108 of the Customs Act, …

BANSILAL AND ORS.versusMOHAMMAD ISRAIL AND ORS.

2001 INSC 531Dismissed

The mortgagor defaulted on two consecutive instalments under the Central Provinces and Berar Relief of Indebtedness Act, 1939. The creditor obtained a certificate under Section 13(3) of the Act, which the creditor claimed operated as a final decree for foreclosure, allowing immediate possession of …

JASBIR RANI AND ORS.versusSTATE OFPUNJAB AND ANR.

2001 INSC 532Dismissed

The State of Punjab issued two separate advertisements for 700 Panchayat Secretary posts, one for male candidates (18‑Sept‑1997) and another for female candidates (19‑Sept‑1998), both fixing 1‑Sept‑1997 as the cut‑off date for satisfying the age eligibility of 18 to 35 years as prescribed by Rule 5 …

COMMISSIONER OF INCOME TAX, MUMBAIversusANJUM M.H. GHASWALA AND ORS.

2001 INSC 519Disposed off

The Supreme Court examined whether the Income‑Tax Settlement Commission, created under Section 245B of the Income‑Tax Act, 1961, could waive or reduce the statutory interest payable under Sections 234A, 234B and 234C when passing settlement orders under Section 245D(4). The Court held that the term …

CENTRAL BANK OF INDIAversusRAVINDRA AND ORS.

2001 INSC 520Disposed off

The Supreme Court examined the meaning of "the principal sum adjudged" and "such principal sum" in Section 34(1) of the Code of Civil Procedure, 1908, in the context of bank loans that allow interest to be capitalised on periodical rests. It held that, subject to the contract or established banking …

SIDDALINGAMMA AND ANR.versusMAMTHA SHENOY

2001 INSC 521Leave Granted & Allowed

The landlady (appellant No.1) sought eviction of her tenant under Section 21(1)(h) of the Karnataka Rent Control Act, 1961, initially on the ground that her husband required treatment in Bangalore. During the pendency of the suit the husband died, and the landlady amended the petition under Order 6 …

K.N.BEENAversusMUNIYAPPAN AND ANR.

2001 INSC 522Leave Granted & Disposed off

The appellant filed a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque of Rs.63,720 dated 6 April 1993 issued by the first respondent was dishonoured for insufficient funds. After a legal notice and a reply from the respondent, no payment was made. The trial court …

PATEL HIRALAL JOITARAMversusSTATE OF GUJARAT

2001 INSC 523Dismissed

The appellant, Patel Hiralal Joitaram, was convicted of murder for setting the victim, Asha Ben, ablaze with combustible liquid and a lighter. The victim had given a dying declaration identifying the appellant as her assailant, which the trial court rejected but the High Court admitted, leading to …

MANGILALversusSTATE OF RAJASTHAN AND ANR.

2001 INSC 524Leave Granted & Disposed off

The appellant, father of Munki, filed an FIR alleging that his daughter’s husband (respondent No.2) beat her and forced her to ingest a glass of organo‑phosphorous insecticide. Munki testified that the husband held her nose and poured poison into her mouth, and her father corroborated this account. …

S.W. PALANITKAR AND ORS.versusSTATE OF BIHAR AND ANR.

2001 INSC 525Case Partly allowed

The appellants, a company and its directors, entered into a consignment stockist agreement with respondent No.2. A dispute over a Rs 15 lakh payment led the respondent to issue a notice invoking an arbitration clause, which was rejected. He then filed a criminal complaint alleging criminal breach of …

RAMESH KUMARversusSTATE OF CHHATTISGARH

2001 INSC 515Case Partly allowed

The appellant, Ramesh Kumar, was convicted under Sections 306 and 498-A of the IPC for the suicide of his wife Seema within a year of marriage. The trial court relied on testimonies, a suicide note, a diary, and an undated letter, interpreting the husband's statements as instigation and alleging …

KASHI RAM AND ORS.versusSTATE OF M.P.

2001 INSC 516Case Partly allowed

Eight accused were tried for murder, assault and illegal possession of arms after a violent clash in a Madhya Pradesh village. The trial court acquitted all, finding that the prosecution witnesses were unreliable and that the accused acted in private defence, especially since one accused (Prabhu) …

KAMALADEVI AGARWALversusSTATE OF WEST BENGAL AND ORS.

2001 INSC 517Appeal(s) allowed

Kamala Devi Agarwal, a partner in a firm, complained that a deed of dissolution of the partnership had been forged, causing her son mental shock and the closure of his shop. She filed a criminal complaint under IPC sections 465, 467, 468, 471 and 120‑B. The trial magistrate found a prima facie case …

BANTU @ NARESH GIRIversusSTATE OF M.P.

2001 INSC 518Case Partly allowed

The appellant, Bantu (also known as Naresh Giri), was convicted under Sections 302 and 376 of the Indian Penal Code for the rape and murder of a six‑year‑old girl, Jyoti. The trial court and the Madhya Pradesh High Court sentenced him to death, holding that he had abducted the child, raped her, and …

SUBHASH CHANDversusSTATE OF RAJASTHAN

2001 INSC 507Appeal(s) allowed

Subhash Chand was convicted by the trial court of murder and rape of a five‑year‑old girl and sentenced to death, a decision later modified to life imprisonment by the Rajasthan High Court. The prosecution's case rested entirely on circumstantial evidence: alleged "last seen together" testimony, the …

M/S. KHODAY ESWARSA AND SONSversusTHE COMMISSIONER OF GIFT TAX

2001 INSC 508Appeal(s) allowed

The appellant, a partnership firm, granted a five‑year licence to a private limited company, with either party able to terminate the licence by giving six months' written notice. The Gift Tax Officer treated the transfer of the business as a gift made for inadequate consideration and levied gift tax …

NARAYAN GOVIND HEGDEversusKAMALAKARA SHIVARAMA HEGDE AND ANR.

2001 INSC 511Appeal(s) allowed

The widow Smt. Yenki borrowed Rs. 650 for family necessity after her husband's death and executed a promissory note. An award under the Bombay Agricultural Debtors Relief Act, 1947 created a charge on her property, which was later auctioned; the appellant purchased the land. The son (applicant) …

R.C. TAMRAKAR AND ANR.versusNIDI LEKHA

2001 INSC 512Appeal(s) allowed

The respondent landlady sued the appellant tenant for eviction and recovery of rent arrears, invoking bona‑fide requirement under the Madhya Pradesh Accommodation Control Act, 1961. The trial court found a landlord‑tenant relationship, held the tenant in arrears and the landlady’s need bona‑fide, …

T.N. LAKSHMAIAHversusSTATE OF KARNATAKA

2001 INSC 513Dismissed

The appellant, a government servant, was convicted of murdering his wife and son at a picnic spot and sentenced to life imprisonment. He appealed to the Supreme Court claiming exemption under Section 84 of the Indian Penal Code, asserting that he was suffering from mental illness (moderate …

UNION OF INDIA AND ANR.versusP.D. YADAV

2001 INSC 509Appeal(s) allowed

The Supreme Court examined orders that forfeited the pensions of four military officers who had been convicted by General Court Martials and dismissed or cashiered. The respondents challenged the forfeiture on the grounds that the Army Pension Regulation 16(a) and Navy Pension Regulation 15(2) were …

SIDDAPPA VASAPPA KURI AND ANR.versusSPECIAL LAND ACQUISITION OFFICER AND ANR.

2001 INSC 510Dismissed

The appellants' land was taken into possession on 1 June 1977 for an irrigation project, but the required Section 4 notification under the Land Acquisition Act, 1894 was issued only on 8 March 1991. The dispute concerned the period for which additional compensation under Section 23(1A) should be …

K.D. DEWANversusHARBHAJAN S. PARIHAR

2001 INSC 514Dismissed

The appellant, K.D. Dewan, had occupied a residential premises in Chandigarh since 1965, initially paying rent to the father of the respondent and thereafter to the respondent, Harbhajan S. Parihar. The respondent filed an eviction application under Section 13(3)(a) of the East Punjab Urban Rent …

NARINDERJIT SINGH SAHNI AND ANR.versusUNION OF INDIA AND ORS.

2001 INSC 503Dismissed

The petitioners, directors of several finance companies accused of large‑scale cheating, filed writ petitions under Article 32 claiming that their personal liberty under Article 21 was violated because they were detained in various jails despite obtaining bail in some cases. The Court held that …

M/S. MURUDESHWARA CERAMICS LTD. AND ANR.versusSTATE OF KARNATAKA AND ORS.

2001 INSC 505Disposed off

Respondent nos. 13‑22 filed a writ petition seeking to restrain Murudeswara Ceramics Ltd. and its associate from constructing a clay processing unit on land in Survey No. 23, Varakodu Village, Shimoga, alleging contravention of the Karnataka Land Reforms Act, 1961. The land had been purchased by the …

MAHENDRA LAL DASversusSTATE OF BIHAR AND ORS.

2001 INSC 506Appeal(s) allowed

Mahendra Lal Das, an executive engineer, was charged under Sections 5(2) and 5(1)(e) of the Prevention of Corruption Act, 1947 for possessing disproportionate assets of Rs. 50,600. An FIR was lodged in 1988, but the investigating agency failed to obtain sanction for prosecution for more than 12 …

ANANGA UDAY SINGH DEOversusRANGA NATH MISHRA AND ORS.

2001 INSC 504Dismissed

Ananga Uday Singh Deo challenged the election of three Rajya Sabha candidates, alleging corrupt practices and an improper vote‑counting procedure. The Supreme Court held that a charge of corrupt practice must be pleaded with full particulars under Section 83 of the Representation of the People Act …

M. KRISHNANversusVIJAY SINGH AND ANR.

2001 INSC 499Leave Granted & Allowed

The appellant alleged that the respondents forged documents to withdraw large sums from a bank, invoking several sections of the Indian Penal Code. A magistrate took cognizance and issued process, but the respondents filed a petition under Section 482 of the CrPC seeking to quash the criminal …

SUNIL BAJAJversusSTATE OF M.P.

2001 INSC 500Appeal(s) allowed

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

KRISHNA GOPAL CHAWLA AND ORS.versusSTATE OF U.P. AND ANR.

2001 INSC 501Appeal(s) allowed

The appellants, claiming landlord rights, obtained a decree for eviction, arrears of rent and damages against the State of U.P. and its agency U.P. Jal Nigam. After the decree was confirmed by the Supreme Court without alteration, the appellants sought to continue the pending execution proceedings. …

STATE OF PUNJABversusDAYANAND MEDICAL COLLEGE AND HOSPITAL AND ORS.

2001 INSC 502Appeal(s) allowed

The State of Punjab issued a notification reserving 60% of postgraduate medical seats for in‑service candidates and 40% for general candidates, and lowered the minimum qualifying mark in the entrance test from the 50% prescribed by Regulation 9 of the Postgraduate Medical Education Regulations, 2000 …

B.S. YADIYURAPPAversusMAHALINGAPPA AND ORS.

2001 INSC 495Appeal(s) allowed

B.S. Yadiyurappa filed an election petition in the Karnataka High Court challenging the election of Mahalingappa and named the other two candidates, the Returning Officer and the District Election Commissioner as respondents. The first respondent and the two officials moved to delete their names and …

JAGDIP SINGHversusJAGIR CHAND AND ANR.

2001 INSC 496Leave Granted & Allowed

The State Transport Appellate Tribunal granted permits to certain applicants to operate mini‑buses on specific routes in Punjab. Existing private permit‑holders challenged the grant, and the Punjab and Haryana High Court set aside the tribunal’s order. On appeal, the Supreme Court examined whether …

MUNSHI PRASAD AND ORS.versusSTATE OF BIHAR

2001 INSC 497Dismissed

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

PUNJAB STATE ELECTRICLTY BOARDversusNATIONAL THERMAL POWER CORPORATION LTD. AND ORS.

2001 INSC 498Appeal(s) allowed

The Punjab State Electricity Board and other state electricity boards appealed to the Supreme Court against an interim order of the Delhi High Court that virtually stayed the Central Electricity Regulatory Commission's (CERC) norms for hydro‑generation and inter‑state transmission tariffs. The …

CHANDRA SHEKHAR BIND AND ORS.versusSTATE OF BIHAR

2001 INSC 491Dismissed

Eighteen persons were charged under Sections 302 and 302 read with 149 of the Indian Penal Code for the murder of Parshuram Bind and his father. The prosecution relied mainly on two eyewitnesses, PW5 and PW6, who identified all the accused except for Accused No.12 (not identified by PW5) and Accused …

UNION OF INDIA AND ORS.versusR.K. SHARMA

2001 INSC 492Disposed off

The respondent, a Deputy Commandant of the Assam Rifles, was tried by a General Court Martial (GCM) for four offences under the Army Act, 1950, including disobeying orders, unbecoming conduct, and falsifying official records, and was sentenced to dismissal from service. The High Court set aside the …

PRAVIN C. SHAHversusK.A. MOHD. ALI AND ANR.

2001 INSC 493Disposed off

The Kerala High Court convicted advocate K.A. Mohd. Ali of criminal contempt on two occasions under Section 12 of the Contempt of Courts Act, 1971. Despite the convictions, he continued to appear before courts, prompting the Kerala State Bar Council to bar him from pleading until he "purged" the …

TARIQ ISLAMversusALIGARH MUSLIM UNIVERSITY AND ORS.

2001 INSC 494Appeal(s) allowed

Aligarh Muslim University advertised a lecturer post requiring at least 55% marks at master’s level or an equivalent foreign qualification. Tariq Islam, who held a B.A. (Hons.) degree from the Council of National Academic Awards, UK, and had subsequently earned M.Phil. and Ph.D. degrees from the …

JAMIL AHMAD AND ORS.versus5TH ADDL. DISTT. JUDGE MORADABAD AND ORS.

2001 INSC 490Appeal(s) allowed

Wali Mohammed, a Muslim landowner, executed a Will bequeathing 25.32 acres to the appellants and died leaving a son, Gulam Mohammed, and a daughter, Moti Begum. The Tehsildar, after public notice and examination of witnesses, held the Will genuine and ordered mutation of the bequeathed land in the …

DR. KIRPA RAM MATHURversusSTATE OF U.P. AND ORS.

2001 INSC 489Dismissed

Dr. Kirpa Ram Mathur, appointed as Lecturer in Pathology in 1984, challenged a seniority list that placed him below Respondent No.4, claiming he had higher merit. After an initial government order in 1993 placed him senior, the High Court set aside that order and directed a fresh seniority …

UNION OF INDIAversusM/S. POPULAR CONSTRUCTION CO.

2001 INSC 487Dismissed

An arbitral award dated 29 August 1998 was forwarded to the Union of India with a request to file it in the Bombay High Court under the Arbitration Act, 1940. The Union filed the award on 29 March 1999 and challenged it on 19 April 1999, initially invoking sections of the 1940 Act, later amending …

C.B.I., A.H.D., PATNAversusBRAJ BHUSHAN PRASAD AND ORS.

2001 INSC 485Disposed off

The Supreme Court examined whether 36 fodder‑scam cases, originally filed before the Special Court in Patna, were transferred to courts in the newly created State of Jharkhand under Section 89 of the Bihar Reorganisation Act, 2000. The Court held that the word “exclusively” in that provision means …

UMASHANKARversusSTATE OF CHHATTISGARH

2001 INSC 488Appeal(s) allowed

The appellant, Umashankar, was charged with circulating counterfeit currency after paying for mangoes with a fake Rs 100 note and police recovered additional counterfeit notes and related items from his possession. He was convicted under IPC sections 489‑B (using counterfeit notes as genuine) and …

INDIAN OVERSEAS BANKversusINDIAN OVERSEAS BANK OFFICERS ASSOCIATION AND ANR.

2001 INSC 482Appeal(s) allowed

The Indian Overseas Bank and other nationalised banks amended their disciplinary regulations by a circular that barred an officer from seeking assistance from another employee who already had two pending disciplinary cases as a defence officer. The amendment was challenged on the ground that it …

CHAIRMAN AND MANAGING DIRECTOR, INDIAN AIRLINESversusBINOD KUMAR SINHA AND ORS.

2001 INSC 483Appeal(s) allowed

The petitioners, employees of Indian Airlines, challenged Regulation 13(b) which obliges a six‑month written notice before resignation, and a DGCA circular requiring a No‑Objection Certificate before an air‑taxi operator can employ such employees. They claimed the provisions violated Articles 14, …

STATE OF RAJASTHAN AND ANR.versusM/S. D.P. METALS

2001 INSC 481Appeal(s) allowed

The Rajasthan Sales Tax Act, 1994 requires transporters to carry declaration Form ST‑18A and other documents under Section 78(2). A truck of Mis D.P. Metals was stopped at a check‑post without the form, seized and a penalty of 30% of the goods' value was imposed under Section 78(5). The respondents …

CHITRANJAN BURMANversusOM PRAKASH BAJORIA AND ORS.

2001 INSC 484

The landlords (Bajorias) sought eviction of the tenants (Burmans) from a shop under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 on grounds of non‑payment of rent and personal requirement. The tenants had repeatedly sent the monthly rent by postal money order to one co‑owner, …

BALCHANDRA ANANTRAO RAKVI AND ORS.versusRAMCHANDRA TUKARAM (DEAD) BY LRS. AND ANR.

2001 INSC 477Case Partly allowed

The Bombay government assumed management of certain agricultural lands in 1949 and terminated it in 1957. After termination, the tenant (first respondent) held a non‑permanent tenancy and, under Section 88(1)(d) proviso (b) of the Bombay Tenancy and Agricultural Lands Act, 1948, had a one‑year …

UNION OF INDIAversusASHUTOSH KUMAR SRIVASTAVA AND ANR.

2001 INSC 478Appeal(s) allowed

The respondent, a Chief Vigilance Inspector, applied for promotion to Assistant Engineer and failed the viva voce interview. He alleged that the Selection Committee was biased because its chairman was allegedly related to a person he had investigated in his vigilance role, and that the committee’s …

GHULAM QADIRversusSPECIAL TRIBUNAL AND ORS.

2001 INSC 480Dismissed

The case concerned Ghulam Qadir's claim to a property that had been declared evacuee property and vested in the Custodian under the Jammu Kashmir State Evacuees (Administration of Property) Act, 1949. The original claimant, Sardar Begum, had filed a claim under Section 8, executed a will in favour …

S.H. RANGAPPAversusSTATE OF KARNATAKA AND ANR.

2001 INSC 476Dismissed

The State of Karnataka issued a Section 4(1) notification on 28‑11‑1987 (published 23‑2‑1988) indicating its intention to acquire land for housing. A declaration under Section 6(1) was made on 22‑2‑1989, within one year of the Section 4 publication, and was later published in the Official Gazette on …

UNION OF INDIA AND ORS.versusM. LEPDON AO AND ORS.

2001 INSC 473Appeal(s) allowed

Five Group B, C and D government employees posted in Nagaland claimed they were entitled to rent‑free furnished accommodation, which was not provided, and therefore sought compensation in lieu of such accommodation (licence fee and House Rent Allowance). The Central Administrative Tribunal allowed …

RAVI SINGHAL AND ORS.versusMONALI SINGHAL AND ANR.

2001 INSC 474Disposed off

Ravi Singhal and his son filed a suit in the Delhi High Court seeking specific performance of a family settlement dated 4 November 1994, which required the husband to provide maintenance, a house, and other expenses for his wife and daughter. The wife and daughter obtained an interim order directing …

DINESH DUIT JOSHIversusTHE STATE OF RAJASTHAN AND ANR.

2001 INSC 475Disposed off

The appellant, Dinesh Dutt Joshi, was accused of demanding a bribe for providing an electric connection. The trial court discharged him, but the Rajasthan High Court, invoking its inherent power under Section 482 of the Code of Criminal Procedure, set aside the discharge and ordered that charges be …

STATE OF PUNJABversusNAIB DIN

2001 INSC 470Appeal(s) allowed

The State of Punjab convicted Naib Din under Section 9 of the Opium Act for possession of opium, relying in part on affidavits of two police officers who had handled the seized sample. The High Court, on revision, quashed the conviction because the affidavits were not cross‑examined and their …

ADDHAversusSTATE OF MADHYA PRADESH

2001 INSC 471Appeal(s) allowed

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

KALYAN AND ORS.versusSTATE OF U.P.

2001 INSC 472Appeal(s) allowed

The appellants were charged with murder and related offences under Sections 302, 307, 147, 148, 149 and 1208 of the IPC for an incident alleged to have occurred on 27 June 1977 in Badayun, Uttar Pradesh. The trial court acquitted all accused, holding that the prosecution failed to prove its case …

DANIAL LATIFI AND ANR.versusUNION OF INDIA

2001 INSC 468Dismissed

The petitioners, a group of Muslim women, challenged the constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986, arguing that it discriminated against them by excluding Muslim divorced women from the protection of Section 125 of the Code of Criminal Procedure. The …

HARSH DHINGRAversusSTATE OF HARYANA AND ORS,

2001 INSC 469Appeal(s) allowed

The case concerned allotments of land under the discretionary quota of the Haryana Urban Development Authority Act, 1988, Section 30. The Punjab & Haryana High Court had earlier laid down principles for such allotments in S.R. Dass (1988) and later in Anil Sabharwal (1997) introduced new principles, …

SATVIR SINGH AND ORS.versusSTATE OF PUNJAB AND ANR.

2001 INSC 464Disposed off

The case involved Tejinder Pal Kaur, who attempted suicide after alleged dowry‑related cruelty by her husband Satvir Singh and his parents. The trial court convicted the accused under Section 116 read with Sections 306 and 304B IPC and under Section 498A IPC. On appeal, the Supreme Court held that …

DR. T. V. JOSEversusCHACKO P.M. @ THANKACHAN AND ORS.

2001 INSC 465Dismissed

A passenger died in a car accident on 9 April 1987. The claimants filed a suit before the Motor Accidents Claims Tribunal against the appellant (Dr. T.V. Jose), the driver and the insurer. The appellant asserted that he had transferred ownership of the car before the accident, but the transfer was …

SUGARBAI M. SIDDIQ AND ORS.versusRAMESH S. HANKARE (D) BY LRS.

2001 INSC 467Appeal(s) allowed

The landlords (appellants) sued the tenant (respondents) for eviction under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, alleging non‑payment of rent for the six‑month period January‑June 1978. A notice of demand was served on 14 July 1978, giving the tenant until 14 August …

MARIYAM BEGUMversusBASHEERUNNISA BEGUM AND ORS.

2001 INSC 462Disposed off

The landlady filed three eviction petitions against the tenant under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, alleging wilful default in rent and unauthorised sub‑letting. The tenant contended that, because an interlocutory application under Section 11 was pending, …

KIZHAKKAYIL SUHARA AND ORS.versusMANHANTAVIDA ABOOBACKER (D) BY LRS. AND ANR.

2001 INSC 463Appeal(s) allowed

The appellants, legal representatives of a deceased tenant, occupied a shop room. The landlords sought eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, claiming a bona‑fide need for the premises to be used by their daughter and son‑in‑law. The tenants …

SATYA NARAYAN SHARMAversusSTATE OF RAJASTHAN

2001 INSC 455Dismissed

The appellant was charged under the Prevention of Corruption Act, 1988 and the IPC, and obtained a stay of trial by filing a petition under CrPC Section 482 in the Rajasthan High Court, which was used to delay the trial for seven years. The High Court dismissed the petition, and the appellant …

RAM GULAM CHAUDHURY AND ORS.versusSTATE OF BIHAR

2001 INSC 456Dismissed

The appellants were convicted of murder (Sec. 302 IPC) and related offences for the killing of Krishnanand Chaudhary, despite the victim's body not being produced. The appellants argued that the prosecution failed to prove the victim's death and that the lack of corpus delicti, non‑examination of …

SMT. VINITHA ASHOKversusLAKSHMI HOSPITAL AND ORS.

2001 INSC 457Dismissed

The appellant, Vinitha Ashok, filed a consumer complaint alleging medical negligence after losing her uterus during a termination of pregnancy at Lakshmi Hospital. She claimed the doctors performed an unnecessary MTP without ultrasonography, used an improper cervical dilatation device, and failed to …

THE BRAHMA VART SANATANversusKANHYALAL BAGLA AND OTHERS

2001 INSC 458Appeal(s) allowed

Durga Prasad Bagla executed a 1917 Will bequeathing all his estate to his third wife, Mst. Durgi, using the term "puree malik" indicating absolute ownership. After Durga's death, Durgi adopted Kanhaiya Lal, whose later suit sought possession of the property and declared Durgi's subsequent Will and …

GURDIAL SINGHversusUNION OF INDIA AND ORS.

2001 INSC 459Appeal(s) allowed

Gurial Singh applied for a Freedom Fighters Pension under the 1972 scheme on 13 March 1973, providing various documents to prove his service in the Indian National Army. His claim was initially rejected, later a provisional pension was granted in 1998 by both the State of Punjab and the Central …

HEM CHAND AND ORS.versusHARI KISHAN ROHTAGI AND ORS.

2001 INSC 460Dismissed

The landlords (Hem Chand and others) filed a suit under the Delhi Rent Control Act, 1958 seeking eviction of tenants and sub‑tenants on the ground of unauthorised sub‑letting. Only one sub‑tenant (respondent 5) was found to have been inducted without the landlord’s written consent, while six other …

B.R. KAPURversusSTATE OF TAMIL NADU AND ANR.

2001 INSC 453Disposed off

The Supreme Court examined whether J. Jayalalithaa, convicted under the Prevention of Corruption Act and sentenced to three years' rigorous imprisonment, could be appointed Chief Minister of Tamil Nadu after her party won a majority. The Court held that a person convicted and sentenced to …

RAJINDER PRASADversusBASHIR AND ORS.

2001 INSC 452Appeal(s) allowed

The appellant Rajinder Prasad filed applications before a Judicial Magistrate to add offence under Section 395 IPC and to implead four additional accused. The magistrate, invoking Chapter XIV of the Cr.P.C., allowed the applications and committed the case to the Sessions Court, which framed charges …

M/S. NEYVELI LIGNITE CORPORATION LTD.versusCOMMERCIAL TAX OFFICER, CUDDALORE AND ANR.

2001 INSC 451Appeal(s) allowed

Neyveli Lignite Corporation Ltd., a fertilizer manufacturer, received a government subsidy under the Retention Price Scheme, which compensated the difference between the retention price and the maximum price fixed by the Fertilizer (Control) Order. The Tamil Nadu tax authority treated the subsidy as …

SUNDERversusUNION OF INDIA

2001 INSC 450Disposed off

The Supreme Court examined whether the solatium amount under Section 23(2) of the Land Acquisition Act, 1894 forms part of the compensation for which interest under Sections 28 and 34 must be paid. The Court noted that the Collector is statutorily obliged to pay the entire amount awarded under …

VERIGAMTO NAVEENversusGOVERNMENT OF ANDHRA PRADESH AND ORS.

2001 INSC 447Case Partly allowed

The State of Andhra Pradesh had granted mining leases to its corporation and, with its permission, sub‑leases to private parties. The State later withdrew permission for the sub‑leases, leading the sub‑lessees to file writ petitions alleging illegal cancellation and seeking compensation. The High …

GOVERNMENT OF ANDHRA PRADESH AND ORS.versusV.S.R. MURTHY AND ORS.

2001 INSC 448Dismissed

During BIFR proceedings, the Andhra Pradesh Government placed 1,486 surplus employees of Hyderabad Allwyn Ltd. in various government departments and super‑numerary posts, a scheme later sanctioned by BIFR in 1994. Subsequently, the State enacted an ordinance and the 1997 Andhra Pradesh Absorption …

SUBRATA SEN AND ORS.versusUNION OF INDIA AND ORS.

2001 INSC 449Disposed off

The petitioners, former officers of Indian Oil Corporation (Assam Oil Division) who retired before 1 December 1994, challenged a government notification dated 10 March 1995 that revised the pension formula only for officers retiring on or after that date. They argued that the cut‑off date was …

MADRAS REFINERIES LTD.versusSTATE OF TAMIL NADU

2001 INSC 446Disposed off

Madras Refineries Ltd., a petroleum refinery, sold its products primarily to Indian Oil Corporation Ltd. (IOCL). Under the Tamil Nadu General Sales Tax Act, 1959, tax is levied only at the point of first sale in the State, and Explanation 1 excludes sales between oil companies from being treated as …

PUNJAB AND SINDH BANKversusVINKAR SAHAKARI BANK LTD. AND ORS.

2001 INSC 445Appeal(s) allowed

Punjab and Sindh Bank filed a criminal complaint under Section 138 of the Negotiable Instruments Act against Vinkar Sahakari Bank Ltd. and others after a pay order drawn by the latter was dishonoured. The Bombay High Court had quashed the complaint on the ground that the pay order was not a cheque …

DWARKA PRASAD TIWARIversusM.P. STATE ROAD TRANSPORT CORPORATION AND ANR.

2001 INSC 442Dismissed

The appellants, workmen of the Madhya Pradesh State Road Transport Corporation, were performing duties of higher posts (e.g., Booking Agent acting as Sub‑Depot In‑charge) and sought classification under clause 2(i) and (vi) of the Annexure to the Madhya Pradesh Industrial Employment (Standing Order) …

KANHAIYALAL AGRAWAL AND ORS.versusTHE FACTORY MANAGER, GWALIOR SUGAR CO. LTD.

2001 INSC 443Dismissed

The workmen of Gwalior Sugar Co. Ltd., including Kanhaiyalal Agrawal, were dismissed for allegedly colluding to falsify weigh‑ment slips, leading the Labour Court to refuse reinstatement on the ground of loss of confidence and award half salary with full retirement benefits. The Industrial Court …

SUKHDEV YADAV AND ORS.versusSTATE OF BIHAR

2001 INSC 444Dismissed

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

ADCON ELECTRONICS PVT. LTD.versusDAULAT AND ANR.

2001 INSC 439Dismissed

The appellant, a seller of a land‑and‑building, executed an agreement and memorandum to sell the property to the respondents. The respondents filed a suit under clause 12 of the Letters Patent of the Bombay High Court seeking a declaration of the agreement’s validity and specific performance of the …

HARISHANKAR JAINversusSONIA GANDHI

2001 INSC 438Dismissed

The appellants Hari Shanker Jain and Hari Krishna Lal challenged the election of Sonia Gandhi to the Lok Sabha, alleging that she was not a citizen of India despite holding a certificate of citizenship under Section 5(1)(c) of the Citizenship Act, 1955. They also questioned the constitutional …

DR. BHANU PRASAD PANDAversusTHE CHANCELLOR, SAMBALPUR UNIVERSITY AND ORS.

2001 INSC 440Dismissed

Dr. B.P. Panda, a Research Assistant at Sambalpur University, applied for the post of Lecturer in Political Science. The selection committee recommended him and he was appointed, but an unsuccessful candidate challenged the appointment on the ground that Panda did not meet the minimum academic …

M/S. ESTRALLA RUBBERversusDASS ESTATE (PVT.) LTD.

2001 INSC 441Appeal(s) allowed

Mis. Estralla Rubber sued Dass Estate Pvt Ltd for eviction. The defendant sought to amend its written statement under Order VI Rule 17 of the CPC, but the trial court rejected the amendment on the ground that it was inconsistent and would displace an admission. The District Judge, on revision, …

NATIONAL HYDROELECTRIC POWER CORPORATION LTD.versusSHRI BHAGWAN AND ANR.

2001 INSC 437Appeal(s) allowed

The National Hydroelectric Power Corporation transferred two employees from its corporate office to a new project at Itanagar. The employees challenged the transfers, arguing that corporate office and project units are separate seniority units and that transfers without consent violate Rule 4.1.1 of …

COMMISSIONER OF CUSTOMS (SEA), CHENNAIversusM/S. BALLARPUR INDUSTRIES LTD.

2001 INSC 436Appeal(s) allowed

The respondent imported goods claiming they were accessories exempt from customs duty, paid duty under protest, and later sought a refund. The Assistant Collector granted a refund of about Rs 2.5 crore for certain items, deeming them accessories, while denying refund for others as spares. The …

K.L. NANDAKUMARAN NAIRversusK.I. PHILIP AND ORS.

2001 INSC 435Appeal(s) allowed

The appellants were promoted to Electrician (HS) after a trade test, while the respondents, who were already Electricians (HS) Grade II, challenged this selection before the Central Administrative Tribunal (CAT). The CAT initially held that the appellants had not attained the qualifying minimum …

HUSSAN MITHU MHASVADKARversusBOMBAY IRON AND STEEL LABOUR BOARD AND ANR.

2001 INSC 432Dismissed

Hussan Mithu Mhasvadkar, employed as an Inspector in the Bombay Iron & Steel Labour Board, was placed on probation and terminated after 21 months. He claimed that he was a "workman" under the Industrial Disputes Act, 1947 and that the Board constituted an "industry", making him entitled to the Act's …

SRI KANT TRIPATHI AND ORS.versusSTATE OF U.P. AND ORS.

2001 INSC 433Disposed off

The case concerned multiple recruitments to the Uttar Pradesh Higher Judicial Service where the Allahabad High Court had fixed the direct‑recruitment quota on the basis of a percentage of total cadre strength rather than on the actual vacancies and those likely to arise in the next two years as …

HARSHAD S. MEHTA AND ORS.versusTHE STATE OF MAHARASHTRA

2001 INSC 429Dismissed

The appellants, Harshad S. Mehta and others, sought to revoke conditional pardons granted by the Special Court under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, arguing that the Court lacked jurisdiction to grant pardon because the power under Sections 306 …

STATE OF MADHYA PRADESHversusKAJAD

2001 INSC 430Appeal(s) allowed

The respondent, KAJAD, was arrested under Section 50 of the NDPS Act with 7 kg of opium and charged under Section 18, an offence punishable with imprisonment of ten to twenty years. His bail applications were rejected by the trial court and initially by the High Court, but a later High Court order …

STATE OF KERALAversusM.S. MANI AND ORS.

2001 INSC 431Dismissed

The State of Kerala filed a contempt petition against M.S. Mani and others for publishing a newspaper column that allegedly scandalised senior advocates and undermined the dignity of the Supreme Court. The petition was filed on 17 May 1999, but the required prior written consent of the Attorney …

M/S. ASPINWALL AND CO. LTD.versusTHE COMMISSIONER OF INCOME-TAX, ERNAKULAM.

2001 INSC 426Appeal(s) allowed

The appellant, M/s Aspinwall and Co. Ltd., claimed investment allowance under Section 32A of the Income Tax Act for machinery used in coffee curing plants for the assessment years 1980-81 and 1983-84. The Income Tax Officer rejected the claim, but the Commissioner of Income Tax (Appeals) allowed it, …

UNION OF INDIAversusMAMTA ANURAG SHARMA AND ANR.

2001 INSC 428Appeal(s) allowed

Mamta Anurag Sharma, an IPS officer of the West Bengal cadre, married an IPS officer of the Andhra Pradesh cadre and sought inter‑cadre transfer to her home state. The request was denied under the 1995 Government guidelines which forbid transfers to the spouse's home state on the ground of marriage. …

STATE OF HIMACHAL PRADESHversusTARSEM SINGH AND ORS.

2001 INSC 424Appeal(s) allowed

The dispute concerned a tract of shamilat pasture land used by the village community of Majra Dughe for grazing. The land, originally vested in the Gram Panchayat under the Punjab Village Common Lands (Regulation) Act, 1961, later fell under the Himachal Pradesh Village Common Lands Vesting and …

S.R. BABUversusT.K. VASUDEVAN AND ORS.

2001 INSC 425Disposed off

The landlord, who occupied part of a building, filed an eviction petition against the tenant occupying the remaining part, invoking Sections 11(3), 11(8) and 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The Rent Controller rejected the claim under 11(8) and 11(4)(iv) but …

LEELA SONI AND ORS.versusRAJESH GOYAL AND ORS.

2001 INSC 419Dismissed

The landlord filed an eviction suit against the tenant under the Madhya Pradesh Accommodation Control Act, 1961 on grounds of rent default and unauthorised occupation of a portion of the premises. The trial court decreed eviction, but the first appellate court reversed, erroneously requiring the …

AELTEMESH REINversusSUPREME COURT OF INDIA

2001 INSC 420Dismissed

The petitioner, a junior (non‑advocate‑on‑record) of the Supreme Court, applied for allotment of lawyers' chambers but was rejected for not proving the required 50 appearances in each of the two preceding years. He submitted photocopies of cause lists and an affidavit, many of which showed him as a …

DR. PRACHI ALMEIDAversusDEAN, GOA MEDICAL COLLEGE AND ORS.

2001 INSC 421Case Allowed

Dr. Prachi Almeida, who earned her MBBS at Goa Medical College under the 15% all‑India quota, applied for a postgraduate medical seat in Goa but was denied because she had not resided in Goa for ten years as required by Rule III(iii) of the Goa University admission rules. She contended that the …

STATE OF WEST BENGALversusM.R. MONDAL AND ANR.

2001 INSC 423

The State of West Bengal awarded a one‑year franchise to M.R. Mondal for toll collection on a stretch of the Durgapur Expressway, but Mondal defaulted on payments and sought extensions through a memorandum issued by the Joint Secretary. The memorandum purported to allow collection for up to 30 …

RAM PRAKASH PANDEYversusSTATE OF U.P. AND ANR.

2001 INSC 410Appeal(s) allowed

The appellant, husband of a murder victim, challenged the Allahabad High Court's order granting bail to Respondent No.2, a life‑convicted prisoner who, while on bail pending appeal, allegedly murdered the appellant's wife. The High Court had granted bail despite Section 437(2) of the Code of …

TAMIL NADU WAKF BOARDversusHATHIJA AMMAL (DEAD) BY LRS. ETC. ETC.

2001 INSC 411Dismissed

The Tamil Nadu Wakf Board filed nine suits seeking possession of properties it claimed were public wakf, based on a 19th‑century deed. The defendants argued that the properties were not listed in the Wakf Board's notification under Section 5(2) of the Wakf Act, 1954, and had been sold in revenue …

S. NAGALINGAMversusSIVAGAMI

2001 INSC 413Dismissed

The appellant, S. Nagalingam, was first married to Sivagami on 6 September 1970. While that marriage subsisted, he contracted a second marriage with Kasturi on 18 June 1984 in a temple in Tamil Nadu, where garlanding and tying of the thali were performed. The trial court acquitted him, holding that …

RAVINDER KUMAR AND ANR.versusSTATE OF PUNJAB

2001 INSC 414Dismissed

The appellants, Ravinder Kumar and Surinder Kumar, were convicted of murder under Section 302 IPC for killing broker Amar Kumar Gupta, concealing the body in a wooden parcel, and were sentenced to life imprisonment. They appealed, contending that the FIR was filed two days after the crime, that the …

BIRENDERA KUMAR DUBEY AND ANR.versusGIRJA NANDAN DUBEY AND ORS.

2001 INSC 415Appeal(s) allowed

The Supreme Court examined a second appeal (Civil Appeal No. 6060 of 2001) filed by Birendra Kumar Dubey and another against a judgment of the Patna High Court that had set aside the first appellate court's decision and restored the trial court's decree. The High Court had entertained the second …

STATE OF U.P. AND ORS.versusMANISHA DWIVEDI AND ANR.

2001 INSC 416Dismissed

The State of U.P. and others filed special leave petitions under Article 136 of the Constitution against interlocutory orders of the Allahabad High Court dated 2 September 1999 and 12 January 2000. The petitions were filed more than a year after the latter order, and the petitioners could not …