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Judgments of 2001

611 judgments · newest first · showing 201–400

SMITA CONDUCTORS LTD.versusEURO ALLOYS LTD.

2001 INSC 417Dismissed

Smita Conductors Ltd. (appellant) and Euro Alloys Ltd. (respondent) entered into contracts for the supply of aluminium rods that contained an arbitration clause but were never signed by the appellant. The appellant opened irrevocable letters of credit and made shipments, but later invoked a …

NILANGSHU BHUSHAN BASU ETC.versusDEB K. SINHA AND ORS. ETC.

2001 INSC 418Appeal(s) allowed

The Calcutta Municipal Corporation needed to fill the post of Chief Municipal Engineer (Civil) and selected Nilangshu Bhushan Basu by direct recruitment in consultation with the State Public Service Commission, as permitted by the Calcutta Municipal Corporation Act, 1980 and the 1985 Rules. The …

COMMISSIONER OF INCOME TAX, BOMBAY CITY-III, BOMBAYversusBRITISH BANK OF MIDDLE EAST

2001 INSC 408Appeal(s) allowed

The British Bank of Middle East, a non‑resident banking company, provided free cars to its employees for the assessment years 1975‑76 and 1976‑77. The assessing officer disallowed the perquisite value of the cars under Section 40A(5) of the Income‑Tax Act, estimating it at 50% of the actual running …

COMMISSIONER OF CUSTOMS, NEW DELHIversusPARASRAMPURIA SYNTHETICS LTD.

2001 INSC 409Appeal(s) allowed

Parasrampuria Synthetic Ltd imported a large number of printed drawings, designs and plans under a foreign technology‑transfer agreement for setting up a polyester plant. The importer claimed that the items fell within Serial No. 10 of Customs Notification No. 25/95 (dated 16‑03‑1995), which …

STATE OF ANDHRA PRADESH AND ORS.versusNALLAMILLI RAMI REDDI AND ORS.

2001 INSC 404Appeal(s) allowed

The Supreme Court examined the constitutional validity of Section 82 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, which cancels all agricultural leases of lands held by charitable or religious institutions except those of "landless poor" persons. The …

UNION OF INDIA AND ORS.versusAVTAR SINGH AND ORS.

2001 INSC 405Appeal(s) allowed

Brigadier Avtar Singh (Respondent) had adverse remarks recorded in his Annual Confidential Reports (ACRs) for 1990-91 and 1991-92, which were partially expunged on appeal. He was empanelled for promotion to Major General in April 1995 but, due to the absence of a vacancy, retired as a Brigadier in …

DENTAL COUNCIL OF INDIA AND ANR.versusHARI PRAKASH AND ORS.

2001 INSC 406Appeal(s) allowed

Dr. S, a professor at AIIMS, was a member of the Dental Council under Section 3(d) of the Dentists Act, 1948. After his retirement, AIIMS nominated Har! Prakash to fill the vacancy, but the Council terminated his membership, holding that AIIMS was not a "University established by law" and thus could …

J.R. PRASHAR, ADVOCATE AND ORS.versusPRASANT BHUSHAN, ADVOCATE AND ORS.

2001 INSC 401Dismissed

The petitioners alleged that three respondents organised a dharna outside the Supreme Court on 30 December 2000, shouted abusive slogans attacking the integrity of the judges and assaulted the petitioners to pressure the Court into favouring their Narmada dam case. The respondents filed affidavits …

SRI T. PHUNZATHANGversusSRI HANGKHANILIAN AND ORS.

2001 INSC 400Appeal(s) allowed

The appellant, Sri T. Phunzathang, filed an election petition challenging the election of Sri Hangkhanilian on the ground of alleged corrupt practice under Section 123 of the Representation of People Act, 1951. The respondent contended that the copies of affidavits served on him lacked the Oath …

MEDICAL COUNCIL OF INDIAversusSARANG AND ORS.

2001 INSC 402Disposed off

A medical student (respondent No.1) applied to migrate from a college in New Mumbai to a college in Aurangabad on medical grounds. The Medical Council of India (MCI) allowed the migration subject to Regulation 6(5) of its 1997 Graduate Medical Education Regulations, which requires the student to …

PUNJAB UNIVERSITYversusV.N. TRIPATHI AND ANR.

2001 INSC 403Appeal(s) allowed

The Punjab University filed appeals against trial court judgments in suits brought by Dr. V.N. Tripathi and Shimla Devi, with the University’s Registrar acting as the appellant. The respondents contended that the Registrar lacked authority to file the appeals without a prior resolution of the …

GOVT. OF ANDHRA PRADESH AND ORS.versusMOHD. GHOUSE MONINUDDIN AND ORS.

2001 INSC 397Dismissed

The Supreme Court examined appeals filed by the Government of Andhra Pradesh against an Andhra Pradesh Administrative Tribunal order that directed re‑determination of seniority and promotion for non‑gazetted posts in the Commercial Tax, Revenue and Police Departments. The Tribunal had held that the …

MIS. AMBALAL SARABHAI ENTERPRISES LTD.versusMIS. AMRIT LAL AND CO. AND ANR.

2001 INSC 398Dismissed

The landlord filed an eviction petition against the tenant under the Delhi Rent Control Act, 1958 on the ground of illegal sub‑letting. While the petition was pending, Section 3(c) of the Act was amended (effective 1‑Dec‑1988) to exclude premises with rent above Rs 3,500 from the Act’s jurisdiction. …

M/S. BHASKAR INDUSTRIES LTD.versusM/S. BHIWANI DENIM AND APPARELS LTD. AND ORS.

2001 INSC 399Appeal(s) allowed

The appellant, Bhaskar Industries Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act before a Judicial Magistrate in Bhopal. The magistrate issued summons, and when the second accused, Bhiwani Denim and Apparels Ltd., failed to appear, he applied for exemption from personal …

LAXMIDAS BAPUDASS DARBAR AND ANR.versusSMT. RUDRAVVA ORS.

2001 INSC 396Appeal(s) allowed

The appellants, owners of a 99‑year lease of non‑agricultural land, sought eviction of the lessees under Section 21(1)(h) of the Karnataka Rent Control Act, claiming a bona‑fide requirement for their own business. The trial court allowed the petition, but the district court held the lease to be …

T.I. CYCLES OF INDIA, AMBATTURversusM.K. GURUMANI AND ORS.

2001 INSC 392Appeal(s) allowed

Workmen who retired from T.I. Cycles of India claimed that incentive wages paid for extra work should be treated as "wages" under Section 2(s) of the Payment of Gratuity Act, 1972 and thus be included in the calculation of gratuity under Section 4(2). The Controlling Authority and the Madras High …

STATE OF MADHYA PRADESHversusBHOORAJI AND ORS.

2001 INSC 393Disposed off

The State of Madhya Pradesh appealed a Madhya Pradesh High Court order that quashed the conviction of Bhooraji and others and directed a retrial because the trial had been conducted by a specified Sessions Court without a prior committal order from a magistrate. The accused were charged under the …

S.M. DATTAversusSTATE OF GUJARAT AND ANR.

2001 INSC 394Dismissed

The Supreme Court examined an appeal by S.M. Datta, the occupier of a factory, who sought to quash a criminal complaint filed by a Factories Inspector under Sections 61, 62 and 63 of the Factories Act, 1948. The complaint alleged that an adult worker was made to work beyond prescribed hours without …

M.S. GREWAL AND ANR.versusDEEP CHAND SOOD AND ORS.

2001 INSC 395Disposed off

Fourteen schoolchildren drowned during a picnic on the banks of the Beas River after teachers deputed to escort them allowed the children to stray into deep water. The teachers were convicted under Section 304A IPC and the High Court ordered the school to pay Rs.5 lakh compensation to each bereaved …

A.I.I.M.S STUDENTS UNIONversusA.I.I.M.S. AND ORS.

2001 INSC 391Disposed off

The Supreme Court examined the AIIMS policy of reserving 33% of postgraduate seats for its own in‑house graduates and a further 50% discipline‑wise reservation, which resulted in lower‑merit candidates being allocated coveted "creamy" specialties over higher‑scoring open‑category candidates. The …

DADI JAGANNADHAMversusJAMMULU RAMULU AND ORS.

2001 INSC 388Dismissed

The judgment concerns a sale of immovable property executed against the judgment‑debtor, which was challenged under Order XXI Rule 89 of the CPC. The debtor filed the application and deposit on the 59th day after the sale, but the executing court rejected it, insisting that the deposit be made …

RACHAKONDA NARAYANAversusPONTHALA PARVATHAMMA AND ANR.

2001 INSC 390Appeal(s) allowed

The plaintiff entered into an agreement to purchase two plots of land, paying earnest money, but later learned that the seller lacked title to one plot (Plot B). The plaintiff sought specific performance of the contract for the remaining plot (Plot A) after relinquishing any claim to Plot B and …

BHARAT BHAWAN TRUSTversusBHARAT BHAWAN ARTISTS ASSOCIATION AND ANR.

2001 INSC 387Appeal(s) allowed

The Bharat Bhawan Trust, a statutory body created to promote art and culture, engaged a group of artists for drama production and theatre management. The artists later raised a dispute before the Labour Court, to which the Trust objected on the preliminary ground that it was not an "industry" and …

JAYPEE REWA CEMENTversusCOMMISSIONER OF CENTRAL EXCISE, M.P.

2001 INSC 386

Jaypee Rewa Cement, a cement manufacturer, used explosives to mine limestone, an essential raw material. The explosives attracted excise duty, and the company claimed credit for this duty under Rule 57‑A of the Central Excise Rules, arguing that the explosives were inputs used in relation to the …

MRS. KAPIL BHARGAVA AND ORS.versusSUBHASH CHAND AGGARWAL AND ORS.

2001 INSC 382Dismissed

The landlord filed an eviction petition under Sections 14(1)(b), (d) and (e) of the Delhi Rent Control Act, 1958 against a tenant and his sub‑tenant, who had been in possession since before 9 June 1952 without the landlord's written consent and without serving the notice required by Section 17(2). …

M/S. K.P. MADHUSUDHANANversusCOMMISSIONER OF INCOME TAX, COCHIN

2001 INSC 381Dismissed

The appellant, a partnership firm, filed its 1986-87 return showing a total income of Rs.6,76,890, but the Assessing Officer added Rs.93,000 as unexplained investment after noting that certain rice purchase transactions were not entered in the books on the correct dates. The assessee explained that …

BIBI SALMA KHATOONversusSTATE OF BLHAR AND ORS.

2001 INSC 383Appeal(s) allowed

The appellant claimed a right of pre-emption under Section 16(3) of the Bihar Land Reforms Act, 1961 after a sale deed was registered on 30 January 1988. He filed an application on 30 April 1988, seeking to have the land transferred to him. The issue before the Supreme Court was whether this …

COMMISSIONER OF CENTRAL EXCISE, MEERUTversusM/S. KISAN SAHKARI CHINNI MILLS LTD.

2001 INSC 384Dismissed

The Uttar Pradesh government imposed administrative charges on molasses sold by sugar factories under Section 8(4) of the Uttar Pradesh Sheera Niyantran Adhiniyam, 1964. The Commissioner of Central Excise held that these charges should be included in the assessable value of molasses under the …

S.R. CHAUDHURIversusSTATE OF PUNJAB AND ORS.

2001 INSC 373Appeal(s) allowed

The appellant, S.R. Chaudhuri, filed a writ of quo warranto challenging the re‑appointment of Shri Tej Parkash Singh as a Minister in Punjab after he had resigned for failing to be elected within six months as required by Article 164(4) of the Constitution. The High Court dismissed the petition, but …

HEMANT DHASMANAversusCENTRAL BUREAU OF INVESTIGATION AND ANR.

2001 INSC 374Appeal(s) allowed

Hemant Dhasmana filed a complaint under the Prevention of Corruption Act alleging that the sons of a Chief Commissioner of Income Tax demanded a bribe. The CBI conducted a trap, recovered cash, but its final report exonerated the respondents and accused Dhasmana of false information. The Special …

NAGASHETTYversusUNITED INDIA INSURANCE CO. LTD. AND ORS.

2001 INSC 375Disposed off

The case arose from a road accident in which a tractor pulling a stone‑laden trailer struck two pedestrians, one of whom died. The victims' legal representatives claimed compensation under the Motor Accident Claims Tribunal, which directed the insurer to pay. The insurer appealed, contending that …

U.P. STATE ELECTRICITY BOARDversusBANARAS ELECTRIC LIGHT AND POWER CO. LTD.

2001 INSC 376Dismissed

The Uttar Pradesh State Electricity Board purchased the undertaking of Banaras Electric Light and Power Co. Ltd. under the Indian Electricity (U.P.) Amendment Act, 1975, causing the undertaking to vest in the Board on 5‑6 February 1975. Uncollected electricity dues owed to the company for …

NILIMA MUKHERJEEversusKANTA BHUSAN GHOSH

2001 INSC 377Dismissed

The respondent filed an eviction suit after tenant Ramesh Chand Ganguly died intestate, claiming the tenancy ended. The appellant, Nilima Mukherjee, asserted she was the adopted daughter of the deceased and therefore entitled to continue as tenant. To prove adoption she relied on a joint bank …

RAMESH KUMARversusNATIONAL INSURANCE CO. LTD. AND ORS.

2001 INSC 378Disposed off

The Supreme Court examined a large batch of appeals concerning compensation claims arising from deaths or injuries of persons travelling in goods vehicles. The claimants argued that the insurer was liable under Section 95 of the Motor Vehicles Act, 1939 and Section 147 of the Motor Vehicles Act, …

NEW INDIA ASSURANCE CO. LTD.versusASHA RANI AND ORS.

2001 INSC 379Directions issued

The Supreme Court examined the liability of an insurer under the Motor Vehicles Act, 1939 and the Motor Vehicles Act, 1988 for compensation to gratuitous passengers and owners or representatives of goods vehicles. It held that under the 1939 Act, Section 95(1)(b) excludes the insurer from such …

LATA WADHWA AND ORS.versusSTATE OF BIHAR AND ORS.

2001 INSC 370Disposed off

A fire during a Tata Iron and Steel Company celebration in Jamshedpur killed 60 and injured 113. The victims filed a writ petition under Articles 21 and 32 seeking compensation from the State of Bihar and the company. The Supreme Court appointed former CJI Y.V. Chandrachud to determine compensation …

JASBIR SINGHversusVIPIN KUMAR JAGGI AND ORS.

2001 INSC 371Dismissed

The appellant, Jasbir Singh, was tried for offences under the NDPS Act alongside co‑accused Vipin Kumar Jaggi (Respondent No. I). Jaggi applied for a pardon under Section 307 CrPC, which the Sessions Judge rejected, after which the Narcotics Control Bureau granted him immunity under Section 64 of …

COMMISSIONER OF INCOME TAX, JAIPURversusSIREHMAL NAWALAKHA

2001 INSC 372Appeal(s) allowed

The respondent attempted to gift out‑houses attached to a building to his wife by an unregistered declaration dated 10 October 1966. The Gift Tax Officer rejected the claim, holding that Section 123 of the Transfer of Property Act, which requires a registered instrument for a gift of immovable …

MCDversusVEENA AND ORS.

2001 INSC 363Appeal(s) allowed

The Municipal Corporation of Delhi (MCD) advertised vacancies for primary and nursery teachers and required OBC candidates to submit certificates issued by competent authorities. Several applicants submitted OBC certificates issued by authorities in their home states outside Delhi, which MCD …

INDER JIT GUPTA AND ORS.versusUNION OF INDIA AND ORS

2001 INSC 364Dismissed

The appellants, appointed as Assistant Zoologists under the 1963 Recruitment Rules, challenged the 1987 amendment that raised the qualifications for the Scientist‑SD post to a first‑class M.Sc. in Zoology with five years' experience or a doctorate. An advertisement dated 4 February 1988 invited …

PRE P.G. MEDICAL SANGARSH COMMITTEE AND ANR.versusDR. BAJRANG SONI AND ORS.

2001 INSC 365Dismissed

The State Government of Rajasthan fixed a minimum qualifying mark of 33% for in‑service doctors and increased the reservation of seats for them in postgraduate medical courses from 25% to 50% of the remaining seats. Private candidates challenged these measures as violative of Articles 14 and 16 of …

M.S. V. RAJA AND ANR.versusSEENI THEVAR AND ORS.

2001 INSC 366Directions issued

The Rajus, a religious denomination, had administered the Arulighu Mariamman temple for over a century and claimed it was a private, denominational temple. Pandarams, who performed poojas, earlier lost claims of hereditary trusteeship, and later the public (Seeni Thevar and others) sought a …

M/S. SWIL LTD.versusSTATE OF DELHI AND ANR.

2001 INSC 367Appeal(s) allowed

Mis. Swil Ltd., a public limited company, filed an FIR alleging cheating and misappropriation by respondent No.2, J. Rajmohan Pillai. Although Pillai's name appeared only in column 2 of the charge‑sheet (for persons not sent for trial), the Metropolitan Magistrate issued summons to him along with …

HIGH COURT OF MADHYA PRADESH THRU. REGISTRAR AND ORS.versusSATYA NARAYAN JHAVAR

2001 INSC 362Appeal(s) allowed

The respondents were appointed as Civil Judges (Trainee) under the Madhya Pradesh Judicial Service Rules, 1955 and placed on a two‑year probation that could be extended by another two years, making a maximum of four years. After the four‑year period their services were terminated because the Full …

COLLECTOR OF CUSTOMS, BOMBAYversusM/S. M.J. EXPORTS LTD.

2001 INSC 368Appeal(s) allowed

M.J. Exports Ltd imported 55 haemodialysers under the Open General Licence on 19 October 1988, claiming exemption from customs duty under Notification No. 208 of 1981 for life‑saving equipment and paid no duty. The goods were subsequently intended for export to the USSR. Customs authorities held …

SHAJI KURIAKOSE AND ANR.versusINDIAN OIL CORPN. LTD. AND ORS.

2001 INSC 369Dismissed

The Supreme Court examined an appeal by landowners whose 7.13 acres in Manakunnam were acquired for an Indian Oil bottling plant. The award was initially Rs. 1,225 per acre, enhanced to Rs. 7,000 per cent by a reference court, but the Kerala High Court reduced it to Rs. 4,000 (wet land) and Rs. …

TAMIL NADU KHADI AND VILLAGE INDUSTRIES BOARDversusM.S. KRISHNASWAMY AND ORS.

2001 INSC 358Dismissed

The Tamil Nadu Khadi and Village Industries Board absorbed Extension Officers (Khadi) from abolished government departments and the officers sought to have their prior service counted for seniority as Upper Division Clerks in the Board. The Madras High Court allowed this, directing the Board to …

VICCO LABORATORIES AND ANR.versusART COMMERCIAL ADVERTISING PVT. LTD. AND ORS.

2001 INSC 359Dismissed

Vicco Laboratories, a manufacturer of ayurvedic products, hired Art Commercial Advertising and its partners to produce a television serial titled "Yeh Jo Hai Zindagi" for Doordarshan, paying them a fixed sum as sponsorship. Vicco claimed it was the producer and owner of the copyright and the …

PUNJAB NATIONAL BANKversusO.C. KRISHNAN AND ORS.

2001 INSC 360Appeal(s) allowed

Punjab National Bank filed a suit for recovery of money against a principal debtor and guarantors, which was transferred to the Debt Recovery Tribunal (DRT). The DRT decreed that the bank could recover the debt by selling the guarantors' mortgaged plant, machinery and property and directed the …

HAMEED JOHARAN (D) AND ORS.versusABDUL SALAM (D) BY LRS. AND ORS.

2001 INSC 361Dismissed

In a partition suit, a final decree was passed on 20‑Nov‑1970 but the decree holder failed to furnish the required stamp paper, delaying the drawing up of the decree. The decree holder's legal representatives filed an execution petition on 21‑May‑1984, more than twelve years after the decree. The …

PALLAV SHETHversusCUSTODIAN AND ORS.

2001 INSC 353Dismissed

Pallav Sheth, a notified company debtor, was ordered by a Special Court to pay a decree and was restrained from alienating his assets. He later set up benami companies and transferred assets, which the Custodian discovered through an Income‑Tax raid. The Custodian filed an application for contempt, …

UNION OF INDIAversusM/S SHATABADI TRADING AND INVESTMENT PVT. LTD. AND ORS

2001 INSC 354Appeal(s) allowed

The Union of India sought to acquire a Delhi property sold for Rs 1.75 crore by invoking Section 269UD of the Income Tax Act, 1961. The Appropriate Authority valued the fair market value at about 160% above the consideration and ordered acquisition without a prior show‑cause notice; a later notice …

A.C. ARULAPPAN .versusSMT. AHALYA NAIK

2001 INSC 355Disposed off

The appellant, A.C. Arulappan, entered into a sale agreement with the respondent, Smt. Ahalya Naik, for his RCC building, receiving an advance of Rs.42,000. A second agreement was later executed stipulating a deadline for execution of the sale deed, which the appellant failed to meet. The respondent …

STATE OF TAMIL NADUversusKUTTY @ LAKSHMI NARASIMHAN

2001 INSC 356Appeal(s) allowed

The appellant, a watchman, was convicted of murder under Sections 302 and 34 of the IPC and sentenced to death, but the High Court acquitted him on the ground that his judicial confession was retracted and that victim's articles were recovered before the confession. The Supreme Court held that a …

RAJINDER PERSHAD (DEAD) BY LRS.versusSMT. DARSHANA DEVI

2001 INSC 357Dismissed

The landlady sought eviction of the tenant for non‑payment of rent, relying on a demand notice that was allegedly served by post. The tenant denied receipt of the notice, claiming the postman was on leave and therefore no refusal occurred. The Rent Controller, after examining the postman, found that …

U.P. SUNNI CENTRAL BOARD OF WAKFSversusMAZHAR HASAN AND ORS.

2001 INSC 351Appeal(s) allowed

The respondents filed a reference under Sections 29(8) and 33 of the Uttar Pradesh Muslim Wakfs Act, 1960 seeking cancellation of the registration of a Musafirkhana and adjoining mosque as wakf. The property had been purchased with subscriptions collected from the general Muslim public and the …

L.L. SUDHAKAR REDDY AND ORS.versusSTATE OF A.P. AND ORS.

2001 INSC 352Directions issued

The Manda Revenue Officer filed an application under Section 8 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 alleging that the first appellant had encroached upon five acres of government land and sold it to several respondents. The Special Court held that the land belonged to the …

P.C. JOSHIversusSTATE OF U.P. AND ORS.

2001 INSC 349Appeal(s) allowed

P.C. Joshi, a district judge, was terminated after a disciplinary inquiry that found him guilty of nine charges, mainly concerning bail orders, a stay of telephone disconnection, and the appointment of a gardener. He challenged the termination by filing a writ petition, which the Allahabad High …

SALKIA BUSINESSMEN'S ASSOCIATION AND ORS.versusHOWRAH MUNICIPAL CORPROATION AND ORS.

2001 INSC 350Appeal(s) allowed

The Salkia Businessmen's Association feared displacement due to a fly‑over and obtained a writ petition that was disposed of by a settlement, the terms of which were incorporated into the Calcutta High Court’s order on 13 Feb 1991. The Howrah Municipal Corporation and other authorities later failed …

SAJAN ABRAHAMversusSTATE OF KERALA

2001 INSC 344Dismissed

The appellant was seized with 25 ampoules of injectable narcotic drug (Buprenorphine) and three syringes after police acted on information from a head constable. The trial court acquitted him, but the Kerala High Court convicted him under Section 21 of the NDPS Act. On appeal, the Supreme Court …

APPROPRIATE AUTHORITY AND ANR.versusKAILASH SUNEJA AND ANR.

2001 INSC 345Dismissed

The respondents entered into a sale agreement for a tenanted immovable property in Delhi for Rs. 79 lakhs and filed Form 37(1) under Chapter XX‑C of the Income Tax Act. The Appropriate Authority (AA) determined that the consideration was 24% below the fair market value (FMV) by comparing the subject …

K.A. ABDUL MAJEEDversusTHE STATE OF KERALA AND ORS.

2001 INSC 346Appeal(s) allowed

The appellant was appointed as Lower Division Typist by the Greater Cochin Development Authority (GCDA) in 1981 after meeting the qualifications advertised, completed probation, and was promoted to Upper Division Typist in 1983. Subsequent appointments of other typists led to a seniority dispute …

TEKI VENKATA RATNAM AND ORS .versusDY. COMMISSIONER, ENDOWMENT AND ORS.

2001 INSC 347Dismissed

The appellants challenged a notice issued by the Deputy Commissioner of Endowments under Section 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, which sought to determine whether the Shri Panduranga Vitthal Swami temple was a public or private temple. …

UNION OF INDIA AND ANR.versusM/S. CHIRANJI ESTATE (P) LTD. AND ANR.

2001 INSC 348Dismissed

The Union of India appealed against a Delhi High Court order that set aside an acquisition order made by the Appropriate Authority under Chapter XX‑C of the Income Tax Act, 1961. The Authority had held that the sale price of a property in East of Kailash was under‑valued by comparing it with another …

ANIL RAIversusSTATE OF BIHAR

2001 INSC 342Disposed off

The Supreme Court examined appeals by several accused convicted of murder and offences under the Arms Act. It addressed whether the two‑year delay by the Patna High Court in pronouncing its judgment violated the right to speedy justice under Article 21 and the right of appeal. The Court held that …

BARNES INVESTMENTS LTD. AND ORS.versusRAJ K. GUPTA AND ORS.

2001 INSC 343Appeal(s) allowed

The appellants obtained a decree in England for a sum of about Rs. 3.6 crore and sought execution in Delhi, leading to attachment of the respondent's immovable property. While the attachment was pending, the respondent filed a suit in Delhi seeking a declaration that the foreign decree was void and …

ARVIND KUMAR KANKANEversusSTATE OF U.P. AND ORS.

2001 INSC 339Dismissed

The Government framed Rules (1994) for admission to post‑graduate medical courses stipulating that a candidate's option exercised in the first counselling is final and that vacant seats thereafter are to be allotted only to candidates on the waiting list. A Single Judge of the Allahabad High Court …

STATE OF U.PversusJHINKOO NAI

2001 INSC 340Directions issued

The accused, armed with knives, entered a Harijan household at night intending to rape an 18‑year‑old girl. When she resisted, one accused (Tahir) stabbed her, causing her death, while the others inflicted knife injuries on her parents. The trial court convicted Jhinkoo Nai and Deep Chand under …

N. KAMALAM (DEAD) AND ANR.versusAYYASAMY AND ANR.

2001 INSC 341Dismissed

The appellants filed a partition suit claiming title to a half of a property based on a will executed by Masane Gowder in favour of two sisters. The respondents contested the will, arguing that the property was joint family property and that the will was not properly attested. The trial court held …

SAKTHI TRADING CO.versusCOMMISSIONER OF INCOME TAX, COIMBATORE

2001 INSC 334Appeal(s) allowed

Sakthi Trading Co., a partnership firm, was dissolved on the death of one partner but was immediately reconstituted with the remaining partners, so the business continued without interruption. The Income‑Tax Officer had valued the closing stock on the dissolution date at the usual "cost or market, …

K.C. SAREENversusC.B.I., CHANDIGARH

2001 INSC 335Dismissed

K.C. Sareen, a Punjab National Bank officer, was convicted under Section 13(2) of the Prevention of Corruption Act, 1988 and IPC sections 120, 201 and 420 for defrauding the bank and was sentenced to one year of rigorous imprisonment and a fine. He was dismissed from service and appealed to the …

THE MEGHALAYA STATE ELECTRICITY BOARD AND ANR.versusSHRI JAGADINDRA ARJUN

2001 INSC 336Appeal(s) allowed

The Meghalaya State Electricity Board (MSEB) adopted a Government of Meghalaya memorandum on premature retirement of employees under Fundamental Rule 57(b) by passing Resolution No. 6 on 10 May 1989 and later issued an order compulsorily retiring Jagadindra Arjun. The employee challenged the order, …

COMMISSIONER OF CUSTOMS (IMPORT) MUMBAIversusM/S. JAGDISH CANCER AND RESEARCH CENTRE

2001 INSC 333Appeal(s) allowed

The Jagdish Cancer and Research Centre imported a teletherapy unit under a duty‑free exemption granted by Notification No. 64/88, which required the hospital to provide free treatment to at least 40 % of outdoor patients, free treatment to all indoor patients whose family income was below Rs 500 and …

BIMAN KRISHNA BOSEversusUNITED INDIA INSURANCE CO. LTD. AND ANR.

2001 INSC 337Appeal(s) allowed

Biman Krishna Bose had a mediclaim policy with United India Insurance Co. Ltd. After the insurer failed to pay a claim for his wife's hospitalization, Bose pursued the matter through consumer forums and the Supreme Court, eventually obtaining a decree for payment. While the litigation was pending, …

SUSHMA MUTREJAversusUNION OF INDIA AND ORS.

2001 INSC 331Appeal(s) allowed

Sushma Mutreja was appointed as a Lower Division Clerk (LDC) in the Ministry of Commerce under Rule 12 of the Central Secretariat Clerical Service Rules, 1962 and later promoted to Upper Division Clerk (UDC) in the Labour Ministry on 3 November 1982 under a Zoning Scheme based on seniority. A …

V. PECHIMUTHUversusGOWRAMMAL

2001 INSC 332Appeal(s) allowed

The appellant, who had sold his immovable property to the respondent, later entered into a written agreement whereby the respondent would sell the property back to him after five years for a specified sum. After the period elapsed, the appellant demanded reconveyance, but the respondent refused, …

N.R. NARAYAN SWAMYversusB. FRANCIS JAGAN

2001 INSC 326Appeal(s) allowed

The appellant, a landlord, initially filed an eviction suit under the Karnataka Rent Control Act, 1961 on the ground of bona fide requirement, which he later withdrew after the tenant promised to vacate. When the tenant died and his son continued occupying the premises, the landlord filed a second …

SHYAM SUNDER AND ANR.versusRAM KUMAR AND ANR.

2001 INSC 323Dismissed

The appellants purchased agricultural land from vendors and the respondents, as co‑sharers, filed a suit claiming a statutory right of pre‑emption. The trial court decreed in favour of the respondents and they deposited the purchase money under Order 20 Rule 14 CPC. While the appeal was pending, the …

DISTRICT MINING OFFICER AND ORS.versusTATA IRON AND STEEL CO. AND ANR.

2001 INSC 324Disposed off

The Supreme Court examined the Cess and Other Taxes on Minerals (Validation) Act, 1992 to determine whether it merely validated cess and tax already collected under invalid State laws or also authorised fresh levy and collection of amounts due up to 4 April 1991. The Court held that the Act …

NEERAJ KAPOORversusRANBIR SINGH DAHIYA AND ORS.

2001 INSC 327Appeal(s) allowed

The dispute concerned a 3‑sq‑yard municipal plot in Sonepat leased by the Municipal Committee to Prem Kumar Sardana, who sub‑let the ground floor to Janak Raj Kapoor (now the appellant) and the first floor to the first respondent. After the Haryana Government’s 1991 policy to grant direct leases to …

RONAL KIPRONO RAMKATversusSTATE OF HARYANA

2001 INSC 325Appeal(s) allowed

The appellant, Ramkat Ronald, was convicted under IPC sections 376 (rape) read with 511 (attempt to commit rape) and 302 (murder) based largely on a dying declaration allegedly made by the deceased, Betty, to her brother (PW‑5). The Supreme Court examined the reliability of that declaration, noting …

GOPI NATH @ JHALLARversusSTATE OF U.P.

2001 INSC 328Dismissed

The appellant Gopi Nath was convicted of murder under Section 302 read with Section 34 of the Indian Penal Code for the killing of Ram Chandra, who was attacked by three accused armed with weapons. The appellant argued that he only inflicted a simple injury and should be liable only under Section …

MAHABIR SINGHversusSTATE OF HARYANA

2001 INSC 320Dismissed

The Supreme Court examined the murder trial of Ranbir Singh and three co‑accused, where the trial court convicted Ranbir Singh under Section 302 IPC and acquitted the others, but the High Court reversed the acquittals. The Court held that an omission in a statement under Section 161 CrPC can …

O.N.G.C. AND ANR.versusASSN. OF NATURAL GAS CONSUMING INDS. AND ORS.

2001 INSC 321Case Allowed

The Oil and Natural Gas Commission (ONGC) supplied natural gas to several industrial respondents under contracts that expired on 31 March 1979. The respondents challenged ONGC's attempt to renew the contracts at higher rates, and the Gujarat High Court, by interim order, directed ONGC to continue …

TARLOCHAN DEV SHARMAversusSTATE OF PUNJAB AND ORS.

2001 INSC 309Appeal(s) allowed

The appellant, Tarlochan Dev Sharma, was the elected President of Rajpura Municipality and was removed under Section 22 of the Punjab Municipal Act, 1911 on the ground of "abuse of his powers" for allegedly withholding payment for a fogging machine. He contended that the machine was defective, that …

STATE OF MADHYA PRADESHversusSARDAR

2001 INSC 314

The State of Madhya Pradesh appealed the acquittal of Sardar, who had been convicted of murder under Section 302 read with Section 34 of the IPC. The High Court had set aside the conviction on the ground that, because two other accused had been given the benefit of doubt, Sardar should also receive …

STATE OF HARYANAversusRAM SINGH

2001 INSC 315Dismissed

The State of Haryana acquired about 180 acres of land for a feeder project and awarded uniform compensation rates. The High Court, relying on a single sale deed, directed the State to pay Rs.1,72,000 per acre plus an additional Rs.30,000 for "potential value". The State appealed, arguing that …

NAWAL KISHORE TULARAversusDINESH CHAND GUPTA AND ORS.

2001 INSC 310Disposed off

Ram Sahay filed a suit for declaration of ownership and possession of a shop. The defendant, Nawal Kishore, claimed an agreement to sell the shop existed, but the plaintiff objected to its exhibition on the grounds that it was unregistered and insufficiently stamped. The trial court upheld the …

RAKESH AND ANR.versusSTATE OF HARYANA

2001 INSC 313Dismissed

The father of a minor girl lodged an FIR alleging that three men, including the appellants, had abducted her for rape. Police investigation found only one of the alleged persons, Prem Chand, involved and framed charges against him. During the trial, after the prosecutrix’s cross‑examination began, …

I.T.C. AGRO TECH LTD.versusCOMMERCIAL TAX OFFICER AND ORS.

2001 INSC 312Appeal(s) allowed

The Andhra Pradesh government issued circulars interpreting Entry 24‑B of the Andhra Pradesh General Sales Tax Act, 1957 to limit the concessional 2% tax rate on refined vegetable oils only to those obtained from non‑refined oils that had already been taxed under Entry 24‑A, imposing a 10% rate …

HINCH LAL TIWARIversusKAMALA DEVI AND ORS.

2001 INSC 317Appeal(s) allowed

The dispute concerned the allotment of 15 biswas of a pond (Talab) in village Ugapur to ten members of a Scheduled Caste family for house sites under the UP Zamindari Abolition and Land Reforms Act, 1950. Objections were raised, the Additional Collector cancelled the allotment, and the Commissioner …

SHAMBHU RAM YADA VversusHANUMAN DAS KHATRY

2001 INSC 318Dismissed

The respondent, an advocate, wrote a letter to his client demanding Rs 10,000 as a bribe to the presiding judge to obtain favorable orders. The State Bar Council found him guilty of misconduct under Section 35 of the Advocates Act, 1961 and suspended him for two years. The Bar Council of India’s …

MAJOR AROON KUMAR SINHAversusUNION OF INDIA AND ORS.

2001 INSC 319Dismissed

Major A.K. Sinha, an Army officer, was not promoted to Lt. Colonel and alleged that adverse remarks in his Annual Confidential Reports (ACRs) were the cause. He filed a statutory complaint under Section 27 of the Army Act in 1996, more than five years after the remarks were communicated, exceeding …

SAPAN KUMAR PANDITversusU.P. STATE ELECTRICITY BOARD AND ORS.

2001 INSC 305Appeal(s) allowed

S.K. Pandit, a clerk dismissed in 1975, claimed his termination was illegal and raised an industrial dispute. Ten other workmen, represented by a union, had earlier raised a similar dispute which was referred to an Industrial Tribunal and resulted in an award. The Board assured Pandit that any …

MULAYAM SINGH YADAVversusDHARAMPAL YADAV AND ORS.

2001 INSC 303Appeal(s) allowed

The Supreme Court examined an election petition filed after the 1998 parliamentary election in Sambhal, where Mulayam Singh Yadav was declared elected and Dharampal Yadav challenged the result alleging large‑scale booth capturing, arson and violence. The petition relied on a video cassette, …

CHRIST THE KING CATHEDRALversusJOHN ANCHERIL AND ANR.

2001 INSC 307Appeal(s) allowed

The Kerala Government issued two notifications under Section 25 of the Kerala Buildings (Land and Rent Control) Act, 1965 exempting buildings belonging to churches, mosques, dioceses, monasteries, convents, wakfs and madrasas from the Act's rent‑control and eviction provisions. The Kerala High Court …

P.K. PRADHANversusSTATE OF SIKKIM REPRESENTED BY THE CENTRAL BUREAU

2001 INSC 304Dismissed

The appellant, P.K. Pradhan, a former Secretary of the Rural Development Department of Sikkim, and the then Chief Minister were charged under Section 120‑B IPC and the Prevention of Corruption Acts for conspiring to award rural water‑scheme contracts at low rates. The Special Judge held that no …

DHURANDHAR PRASAD SINGHversusJAI PRAKASH UNIVERSITY AND ORS.

2001 INSC 308Appeal(s) allowed

The appellant, D.P. Singh, sued Jai Prakash University and others for a declaration that an order terminating his services was illegal. The suit was decreed ex parte against the college's governing body, which later became a constituent unit of the university, but the university was not impleaded. …

KEWAL CHAND MIMANI (D) BY LRSversusS.K. SEN AND ORS.

2001 INSC 302Dismissed

The appellants, K.L. Mimani and others, had a 50‑year lease of land in Howrah which was requisitioned under the West Bengal Land (Requisition and Acquisition) Act, 1948. Their writ petition challenging the requisition was dismissed and an appeal was filed, but the lease expired by efflux of time …

VEDABAI @VAIJAYANATABAI BABURAO PATILversusSHANTARAM BABURAO PATIL AND ORS.

2001 INSC 301Appeal(s) allowed

Vedabai filed an appeal against a trial court order but missed the prescribed period by seven days, citing illness as the reason. The Additional District Judge dismissed her application for condonation of delay, and the Bombay High Court upheld that dismissal. The Supreme Court examined whether a …

SHIBU SORENversusDAYANAND SAHAY AND ORS.

2001 INSC 300Dismissed

Shibu Soren was elected to the Rajya Sabha while serving as Chairman of the Interim Jharkhand Area Autonomous Council (JAAC). A defeated candidate, Dayanand Sahay, challenged the election on the ground that Soren held an "office of profit" under the State Government, rendering him disqualified under …

SMT. MATTOO DEVIversusDAMODAR LAL (DEAD) BY LRS. AND ORS.

2001 INSC 299Dismissed

The plaintiffs, co‑sharers of a house in Jaipur, claimed a right of pre‑emption (shuf'a) under Muhammadan law when the co‑owners sold their share to Smt. Mattoo Devi. They alleged that they made the required "talab" (demand) upon learning of the sale but the trial court found no such demand and …

M/S. UNIPLAS INDIA LTD. AND ORS.versusSTATE (GOVT. OF NCT OF DELHI) AND ANR.

2001 INSC 297Dismissed

The appellants issued two cheques that were dishonoured. The respondent sent a notice under Section 434 of the Companies Act after the 15‑day period, and later presented the cheque again, issuing a second notice within 15 days. The Supreme Court examined whether a notice under Section 434 can …

GANGA RAM MOOLCHANDANIversusSTATE OF RAJASTHAN AND ORS.

2001 INSC 298Case Partly allowed

The Supreme Court examined the validity of Rules 8(ii) and 15(ii) of the Rajasthan Higher Judicial Service Rules, 1969, which required that candidates for direct recruitment to the Higher Judicial Service must have practiced for at least seven years in the Rajasthan High Court or its subordinate …

P. JANARDHANA REDDYversusSTATE OF A.P. AND ORS.

2001 INSC 295Appeal(s) allowed

The State of Andhra Pradesh acquired land for a canal and housing projects, but courts enhanced the compensation awarded to landholders, leading to allegations of irregularities and a public outcry. The High Court stayed further payments and, after the State initiated investigations, appointed a …

SAVANI ROADLINESversusSUNDARAM TEXTILES LTD. AND ANR.

2001 INSC 296Appeal(s) allowed

Sundaram Textiles Ltd. (respondent No. 1) entrusted 125 cartons of goods to Sa Vani Roadlines (appellant) for transport, but the goods were not delivered. The consignor insured the goods with New India Assurance Company Ltd. (respondent No. 2), which paid the loss and obtained a Letter of …

JOHN THOMASversusDR. K. JAGADEESAN

2001 INSC 293Dismissed

The Madras Times published an article alleging that K.J. Hospital was involved in illegal kidney trafficking. The hospital's Director filed a criminal defamation complaint under Section 500 IPC, asserting that the imputation harmed the hospital and, by extension, himself. The trial magistrate …

T.T. ANTONYversusSTATE OF KERALA AND ORS.

2001 INSC 294Case Partly allowed

During a minister's visit to Kannur in 1994, police firing resulted in five deaths and many injuries, leading to two FIRs (Crimes 353/94 and 354/94). After a change of government, a Commission of Inquiry blamed the firing and the Director‑General of Police ordered a fresh FIR (Crime 268/97) three …

STATE OF MAHARASHTRAversusBHARAT CHAGANLAL RAGHANA AND ORS.

2001 INSC 289Case Partly allowed

The State of Maharashtra appealed the acquittal of B.C. Raghani (A1), Subhash Bind (A5) and Shekhar Kadam (A6) in a contract‑killing case involving the murder of businessman Pradeep Jain. The prosecution’s case hinged on confessional statements of A5 and A6 recorded by a DCP under Section 15 of the …

M/S. ETHIOPIAN AIRLINESversusM/S. STIC TRAVELS (P) LTD.

2001 INSC 290Dismissed

Ethiopian Airlines terminated its agreement with STIC Travels and the dispute was referred to arbitration under a clause that the tribunal would consist of three arbitrators, each party appointing one and the two appointed arbitrators selecting a third who would act as Chairman. After the death of …

HITEN P. DALALversusBRATINDRANATH BANERJEE

2001 INSC 288Dismissed

Hiten P. Dalal (appellant) issued four cheques to Standard Chartered Bank between December 1991 and March 1992 for securities transactions. The cheques were dishonoured for insufficient funds and the bank served notices under Section 138 of the Negotiable Instruments Act. Dalal was convicted by a …

INDU ENGINEERING AND TEXTILES LTDversusDELHI DEVELOPMENT AUTHORITY

2001 INSC 291Appeal(s) allowed

Indu Engineering & Textiles Ltd. supplied hard coke to the Delhi Development Authority (DDA) under a contract containing a price‑escalation clause. The clause was later modified to apply only when there was a statutory increase in price. DDA refused to pay the escalated price for hard coke, leading …

DEENA NATHversusPOORAN LAL

2001 INSC 292Dismissed

The appellant-landlord filed an eviction suit against the tenant under Sections 12(1)(a) and 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, claiming default in rent and a bonafide requirement to use the shop for his son’s business. The trial court dismissed the rent default claim …

DIVISIONAL FOREST OFFICER AND ORS.versusTATA FINLAY AND ANR.

2001 INSC 286Dismissed

The appellants, the State of Kerala and Divisional Forest Officers, appealed against a Kerala High Court order that quashed demand notices for seigniorage on eucalyptus trees cut by the respondents, Tata Finlay, on leased plantation lands. The Supreme Court examined Section 4 of the Kerala Grants …

GADE LAKSHMI MANGRAJU @ RAMESHversusSTATE OF ANDHRA PRADESH

2001 INSC 287Dismissed

The appellant was convicted of murder and criminal breach of trust under IPC Sections 302, 34 and 404, based largely on circumstantial evidence, including a sniffer dog tracking, fingerprint evidence, and identification of stolen ornaments. The defence challenged the reliability of the sniffer dog …

SMT. LAXMIversusOM PRAKASH AND ORS.

2001 INSC 282Dismissed

The case involved the death of Janak Kumari, who suffered extensive burn injuries and allegedly made five dying declarations implicating her husband, mother‑in‑law and sister‑in‑law. The trial court acquitted the accused, holding that none of the statements were reliable. On appeal, the Supreme …

HARMOHINDER SINGHversusKHARGA CANTEEN, AMBALA CANTT.

2001 INSC 283Dismissed

Harmohinder Singh was appointed as a temporary employee of Kharga Canteen in 1974 under standing orders that allowed termination on one month's notice. In 1988 the canteen amended its standing orders to impose a maximum service period of 15 years and an age limit of 60, and terminated Singh's …

KANSHI RAM AND ANR.versusLACHHMAN (DEAD) THROUGH LRS. AND ORS.

2001 INSC 284Appeal(s) allowed

The appellants, successors to a landowner who mortgaged his property in 1946, sought restitution under the Himachal Pradesh Debt Reduction Act, 1976. After a collector dismissed their 1979 application as time‑barred, they filed a suit for possession of the mortgaged land in 1981 under sections 4 and …

UNION OF INDIA AND ORS.versusMANISH BAHAL @ NISHU

2001 INSC 285Appeal(s) allowed

The respondent, Manish Bahal, was detained under Section 3(2) of the National Security Act, 1980, and the detention was approved by the Lt. Governor of Delhi. Bahal filed a representation to the Advisory Board, which reported that there was sufficient cause for his detention. The Lt. Governor, after …

RE: SUO MOTO PROCEEDINGS AGAINST MR. R. KARUPPAN, ADVOCATEversus-

2001 INSC 279Disposed off

The Supreme Court, acting suo moto, examined an affidavit filed by Advocate R. Karuppan in support of a writ of quo‑warranto challenging the age of the Chief Justice of India. The Court found that Karuppan knowingly asserted that the President had not determined the Chief Justice’s age, despite …

CHANDRA KANTA SINHAversusORIENTAL INSURANCE CO. LTD. AND ORS.

2001 INSC 280Appeal(s) allowed

The appellant, owner of a truck involved in a fatal accident, challenged an interim compensation order of Rs. 50,000 passed by the trial court. The High Court Single Judge allowed the appellant's appeal, prompting the respondents to file a Letters Patent Appeal (LPA) under Clause 10 of the Patna …

RIZWAN AHMED JAVED SHAIKH AND ORS.versusJAMMAL PATEL AND ORS.

2001 INSC 281Dismissed

The appellants filed a complaint alleging that police officers, who had arrested and detained them, failed to produce them before a magistrate within 24 hours and beat them while in custody. The magistrate, relying on a Maharashtra Government notification under Section 197(3) of the CrPC, discharged …

MORESHWAR BALKRISHNA PANDARE AND ORS.versusVITHAL VYANKU CHAVAN AND ORS.

2001 INSC 275Appeal(s) allowed

The predecessor of the appellants, a landlord, obtained an exemption certificate under Section 88C(4) of the Bombay Tenancy and Agricultural Lands Act, 1948 because his annual income as of 1 April 1957 was below Rs 1500. The High Court upheld the certificate. After the certificate was granted, the …

SMT. KANTI DEVI AND ANR.versusPOSHI RAM

2001 INSC 276Dismissed

Smt. Kanti Devi and her husband Poshi Ram were married in 1975 and a child was born to her in 1989 after fifteen years of childlessness. The husband filed a suit seeking a declaration that he was not the father, alleging that he had no access to his wife at the time of conception, thereby attempting …

RAJENDER SINGHversusRAMDHAR SINGH AND ORS.

2001 INSC 277Disposed off

The appellant, Rajender Singh, obtained a decree in a money suit and had the defendant's property attached and later purchased at a court auction. The respondents, who had earlier bought the same property under registered sale deeds, challenged the attachment and auction, arguing that the attachment …

SMT. LAXMIBAIversusKARNATAKA STATE ROAD TRANSPORT CORPORATION, BANGALORE

2001 INSC 278Appeal(s) allowed

Sm. Laxmibai was traveling in a Karnataka State Road Transport Corporation bus (No. CAF 3590) on 26 February 1989 when a stone caused the bus window glass to break, and a fragment struck her right eye, resulting in 35% visual disability. She filed a claim before the Motor Accident Claims Tribunal …

SHRI BHAGWANversusSTATE OF RAJASTHAN

2001 INSC 274Disposed off

Shri Bhagwan, a 20‑year‑old apprentice goldsmith, was convicted of murdering five members of Shiv Pratap's family and committing robbery and dacoity. The conviction was based on circumstantial evidence: he was seen with one of the deceased, sustained injuries, possessed blood‑stained clothing and …

RAMDEO CHAUHAN@ RAJ NATHversusSTATE OF ASSAM

2001 INSC 272Dismissed

The Supreme Court considered a review petition filed by R.D. Chauhan, who claimed he was a juvenile at the time of committing murder under Section 302 IPC and therefore could not be sentenced to death. The petition argued that the trial and appellate courts failed to apply the Juvenile Justice Act, …

M.C. MEHTAversusUNION OF INDIA AND ORS.

2001 INSC 273Hearing Adjourned

The Supreme Court, hearing a suo motu contempt petition filed by environmental activist M.C. Mehta, examined the failure of the Union of India, the NCT of Delhi and the Municipal Corporation of Delhi to comply with its earlier orders directing the relocation or closure of non‑conforming industries …

STATE OF MAHARASHTRA AND ANR.versusNAJAKAT ALIA MUBARAK ALI

2001 INSC 268Dismissed

The respondent was convicted in two separate offences and was arrested on the same day, remaining in jail as an under‑trial prisoner for both cases. Each trial court granted him set‑off under Section 428 of the Criminal Procedure Code (Cr.P.C.) for the period of pre‑sentence detention. The jail …

ASHOK CHINTAMAN JUKER AND ORSversusKISHORE PANDURANG MANTRI AND ANR.

2001 INSC 269Dismissed

The original tenant died leaving two sons; after his death rent was paid by the elder son and later by his widow. The landlord sued the widow for eviction and the parties settled, resulting in a consent decree. The landlord sought execution of the decree, but the younger son (appellant) and his …

NIRANJAN PRASAD SINHA AND ANR.versusUNION OF INDIA AND ORS.

2001 INSC 270Appeal(s) allowed

The appellants, originally appointed as cleaners and later promoted to Fireman Grade A under Railway Board Circular dated 25‑June‑1985, challenged a seniority list that placed later promotees—selected through written examinations—above them. The respondents argued that the promotees, having …

SWAPAN KUMAR PAL AND ORS. ETC.versusSAMITABHAR CHAKRABORTY AND ORS.

2001 INSC 271Appeal(s) allowed

The case concerned the inter‑se seniority of railway employees promoted to the post of Senior Clerk. Some respondents had been promoted on an ad hoc basis because a suitability test could not be held, while the appellants received regular promotion after a suitability test. The Central …

BIBHACHHAversusSTATE OF ORISSA

2001 INSC 262Dismissed

The appellant was convicted of murder under Section 302 IPC after the dead body of the deceased was found near the Hati River. The prosecution relied solely on circumstantial evidence, such as the last sighting of the accused and the deceased together, recovery of blood‑stained clothing, the missing …

AMBA BAI AND ORS.versusGOPAL AND ORS.

2001 INSC 263Appeal(s) allowed

The plaintiff filed a suit for specific performance which was dismissed by the trial court, but the first appellate court decreed in his favour. The defendant appealed this decree, and while the second appeal was pending both parties died; the plaintiff's legal representatives were brought on …

UNION BANK OF INDIAversusKHADER INTERNATIONAL CONSTRUCTION AND ORS.

2001 INSC 266Dismissed

The respondent, a public limited company, filed a suit as an indigent (in forma pauperis) plaintiff under Order XXXIII, Rule 1 of the Code of Civil Procedure. The appellant, Union Bank of India, challenged the suit, arguing that the term "person" in the Order refers only to natural persons and that …

REGIONAL AUTHORITY, DENA BANK AND ANR.versusGHANSHYAM

2001 INSC 267Appeal(s) allowed

The respondent, a former personal driver of Dena Bank's regional manager, claimed to be a workman and obtained a Labour Court award for reinstatement with back wages. Dena Bank challenged the award in the Allahabad High Court, which stayed the award on the condition that the bank reinstate the …

M/S. FUERST DAY LAWSON LTD.versusJINDAL EXPORTS LTD.

2001 INSC 255Appeal(s) allowed

Mis. Fuerst Day Lawson Ltd. entered into a supply contract with Jindal Exports Ltd. which gave rise to a dispute arbitrated before the International General Produce Association, resulting in a foreign award dated 13 August 1996. The award was sought to be enforced in Delhi High Court, but the court …

M.D. TAMIL NADU STATE TRANSPORT CORPORATIONversusNEETHIVILANGAN, KUMBAKONAM

2001 INSC 256Dismissed

The Tamil Nadu State Transport Corporation dismissed a junior superintendent after a departmental inquiry and sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act, 1947. The Labour Tribunal rejected the application on merit, finding no prima facie case for …

RAJEEV CHAUDHARYversusSTATE (N.C.T.) OF DELHI

2001 INSC 257

The appellant, Rajeev Chaudhary, was arrested for offences under IPC sections 386, 506 and 120B and was released on bail by a Metropolitan Magistrate under Section 167(2) of the Criminal Procedure Code because the charge‑sheet was not filed within 60 days. The Additional Sessions Judge set aside the …

RAJAN WORLIKAR ETC. ETC.versusSTATE OF KARNATAKA AND ORS.

2001 INSC 258Dismissed

The appellants, who were operating a factory manufacturing Mandrax tablets, were detained under the Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances Act, 1988. They challenged the detention on two grounds: that the order failed to inform them of their right to make a …

SHOBHA SURESH JUMANIversusAPPELLATE TRIBUNAL, FORFEITED PROPERTY AND ANR.

2001 INSC 254Dismissed

The appellant, Shobha Suresh Jumani, wife of a detenu whose properties were ordered forfeited under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, filed an appeal claiming to be a "person aggrieved" under Section 12(4) of the Act and also sought maintenance under …

IN RE: BINEET KUMAR SINGHversus-

2001 INSC 250Disposed off

The State of Maharashtra introduced a CPED course, but a private institution, Lokmata Indira Gandhi College of Sports, admitted students without permission for the 1994-95 session. After several writ petitions were dismissed, a forged Supreme Court order dated 28 August 1998 was allegedly sent to …

PURAN ETC. ETC.versusRAMBILAS AND ANR. ETC. ETC.

2001 INSC 251Dismissed

The appellants were charged under Sections 498‑A and 304‑B of the IPC for a dowry‑death. The Additional Sessions Judge granted them bail on 13 November 2000 without recording any reasons, prompting the father of the deceased to move the High Court, which cancelled the bail on the ground that the …

N.G. DASTANEversusSHRIKANT S. SHIVDE AND ANR.

2001 INSC 248Disposed off

N.G. Dastane, an aggrieved witness, filed a complaint against advocates Shri Shrikant S. Shivde and his colleague for repeatedly seeking adjournments to avoid his cross‑examination in a theft‑of‑electricity case, despite his presence in court. The Judicial Magistrate granted each adjournment, …

K.G. ASHOK AND ORS. ETC.versusKERALA PUBLIC SERVICE COMMISSION AND ORS.

2001 INSC 249Dismissed

The Kerala Public Service Commission (KPSC) issued a notification for recruitment of Junior Health Inspectors in 14 districts, stipulating that a candidate could apply to only one district and that any application violating this or containing a false declaration would be summarily rejected. A large …

RAJSEKHAR GOGOIversusSTATE OF ASSAM AND ORS.

2001 INSC 252Appeal(s) allowed

The case concerned the settlement of a country liquor shop in Assam under the tender system prescribed by the Assam Excise Rules, 1945. Respondent No. 4, an educated unemployed applicant, submitted a tender but failed to provide the detailed financial particulars required by Rule 206(2). The Board …

K. RAJAMOULIversusA.V.K.N. SWAMY

2001 INSC 253Appeal(s) allowed

The dispute arose from an arbitration award where the decree did not include pendente lite interest. The decree holder sought such interest in execution, which was rejected, leading to a series of revision, interlocutory, and review petitions in the High Court. While a review petition was pending, …

REVA INVESTMENT PVT. LTD.versusCOMMISSIONER OF GIFT TAX, GUJARAT II

2001 INSC 244Appeal(s) allowed

Reva Investment Pvt Ltd transferred jewellery, valued at Rs 13,91,350, to its twelve wholly‑owned subsidiary companies in exchange for fully paid equity shares having a face value of Rs 5,69,400. The subsidiaries held no assets other than the jewellery, while the shares received represented the …

COMMANDANT 20 BN. ITB POLICEversusSANJAY BINJOLA

2001 INSC 245Appeal(s) allowed

The respondent, a constable of the Indo‑Tibetan Border Police, was convicted under Section 10(1) of the Central Reserve Police Force Act and sentenced to three months' imprisonment. On appeal, the appellate court modified the sentence and directed that the order would not adversely affect the …

STATE OF U.P.versusHARENDRA ARORA AND ANR.

2001 INSC 246Appeal(s) allowed

Harendra Arora, an Executive Engineer, was charged with irregularities and, after an enquiry, was dismissed. The enquiry report required by Rule 55A of the Civil Services (Classification, Control and Appeal) Rules, 1930 was not furnished to him, leading the Uttar Pradesh Public Services Tribunal to …

THE COMMISSIONERversusGRIHA YAJAMANULA SAMKHYA AND ORS.

2001 INSC 243Case Partly allowed

The Supreme Court examined several writ petitions challenging the assessment of property tax in Hyderabad and other municipal corporations. The core dispute was whether the Municipal Commissioner’s power to determine the rateable value and annual rental value of properties was limited by the …

RAJUversusSTATE OF HARYANA

2001 INSC 247Appeal(s) allowed

The appellant, Raju, was accused of enticing an 11‑year‑old girl, Rinku, with toffees, raping her and subsequently striking her with two bricks when she threatened to disclose the crime, resulting in her death. The prosecution relied on eyewitness testimony, the appellant's extra‑judicial confession …

M.N. DAMANIversusS.K. SINHA AND ORS.

[2001] 3 S.C.R. 415Appeal(s) allowed

M.N. Daman filed a private complaint under Section 500 of the IPC alleging that S.K. Sinha and others made false and malicious imputations against him in a bail application, thereby defaming him. The magistrate, after recording Daman's sworn statement, issued summons to the respondents, finding a …

STATE OF HIMACHAL PRADESHversusGIAN CHAND

2001 INSC 235Appeal(s) allowed

The State of Himachal Pradesh prosecuted Gian Chand for raping a 5‑year‑old girl, a distant relative, on 29 October 1991. The trial court convicted him under Section 376 IPC, sentencing him to ten years' imprisonment and a fine. The Himachal Pradesh High Court set aside the conviction, relying on …

M/S SIKKIM SUBBA ASSOCIATESversusSTATE OF SIKKIM

2001 INSC 236Disposed off

Mis Sikkim Subba Associates was appointed by the State of Sikkim as the organising agent for state lotteries. A dispute over payments led to arbitration under the Arbitration Act, 1940, where the arbitrator awarded the appellants Rs 37.75 crore in damages. The State sought to set aside the award …

KARNATAKA STATE ROAD TRANSPORT CORPN.versusSMT. LAKSHMIDEVAMMA AND ANR.

2001 INSC 234Dismissed

The employee was dismissed after a domestic enquiry which the Labour Court held to be invalid. The employer then sought permission to adduce fresh evidence to justify the dismissal, but did so only after the preliminary issue on the enquiry's validity had been decided. The High Court dismissed the …

UNIPLY INDUSTRIES LTD.versusUNICORN PLYWOOD PVT. LTD.

2001 INSC 240Disposed off

Uniply Industries Ltd. and Unicorn Plywood Pvt. Ltd. both used the marks "Uniply" and "Uniboard" for plywood products. The appellant sought an ex parte temporary injunction against the respondent, which was initially granted, but the respondent later claimed prior use of the marks dating back to …

DELHI JUDICIAL SERVICES ASSOCIATION AND ORS.versusDELHI HIGH COURT AND ORS.

2001 INSC 237Dismissed

The Supreme Court examined whether 14 temporary posts of Additional District Judges created under the Delhi Higher Judicial Service Rules, 1970 before their amendment could be filled only by promotion from the Delhi Judicial Service or also by direct recruitment from the Bar as permitted by the …

R. LAKSHMI NARAYANversusSANTHI

2001 INSC 241Dismissed

The husband filed a petition under Section 5(ii) read with Section 12(1)(b) of the Hindu Marriage Act seeking a declaration that his marriage was null and void because his wife allegedly suffered a chronic, incurable mental disorder and refused cohabitation. The trial court dismissed the petition …

GAJRAJ SINGH AND ORS.versusSTATE OF U.P. AND ORS.

2001 INSC 238Disposed off

The Supreme Court examined the validity of a draft scheme under the Motor Vehicles Acts (1939 and 1988) to nationalise 39 road‑transport routes in Uttar Pradesh, of which 38 routes were distinct from the Saharanpur‑Shahdra‑Delhi route previously dealt with in Ram Krishna Verma. The Court held that …

NAIR AND ORS .versusUNION OF INDIA AND ORS.

2001 INSC 239Dismissed

The Supreme Court considered appeals by circus owners challenging a 1998 notification issued under Section 22 of the Prevention of Cruelty to Animals Act, 1960 that prohibited the exhibition and training of bears, monkeys, tigers, panthers and lions. The petitioners argued that the notification was …

THE STATE OF WEST BENGAL AND ANR.versusM/S BANALATA INVESTMENT PVT. LTD. AND ANR.

2001 INSC 233Appeal(s) allowed

The State of West Bengal sought to evict Mis Banalata Investment Pvt. Ltd. and others from premises it claimed as government property. The Calcutta High Court held that the eviction could only be effected under the West Bengal (Public Land Eviction of Unauthorized Occupants) Act, 1962 and not under …

RAMBHAU AND ANR.versusSTATE OF MAHARASHTRA

2001 INSC 231Dismissed

The appellant, a Sub‑Inspector of Police, and a co‑accused were tried under Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The trial court acquitted them, but the High Court reversed the acquittal and convicted them, citing that the demand for illegal gratification on 24 …

ARVIND SINGHversusSTATE OF BIHAR

2001 INSC 232Appeal(s) allowed

The case involved the death of Minta Devi, who was allegedly burnt to death by her husband Arvind Singh and his in‑laws. The trial court convicted all four accused under Sections 304B (dowry death) and 498A (cruelty) and sentenced them to life imprisonment; the High Court set aside the conviction of …

STATE BANK OF SAURASHTRAversusP. N. B.

2001 INSC 230Disposed off

State Bank of Saurashtra sold UTI units to P.N.B. and received payment of about Rs 102.65 crore, but failed to deliver the units. P.N.B. sued for specific performance and damages. The Special Court ordered the bank to purchase the units from the open market and deliver them. On appeal, the Supreme …

THE DENTAL COUNCIL OF INDIAversusSUBHARTI K.K.B. CHARITABLE TRUST AND ANR.

2001 INSC 226Case Partly allowed

The Subharti K.K.B. Charitable Trust sought to establish a dental college with an annual intake of 100 students, but the Dental Council of India (DCI) recommended only 60 seats, which the Central Government accepted. The Allahabad High Court issued a mandamus directing the DCI and the Central …

M/S. INTERNATIONAL WOOLEN MILLSversusM/S. STANDARD WOOL (U.K.) LTD.

2001 INSC 227Case Partly allowed

International Woolen Mills (appellant) placed an order for wool with Standard Wool (U.K.) Ltd. (respondent) which it later rejected as inferior and withheld payment. The respondent obtained an ex‑parte decree in the Central London County Court and sought execution in Ludhiana, India. The appellant …

SRI SINGAM CHETTY ATTENDROOLOO AND ORS.versusTHE STATE OF TAMIL NADU AND ORS.

2001 INSC 228Dismissed

In 1899 a deed of settlement was executed containing donations of both religious and secular character (list E). The Hindu Religious and Charitable Endowments Board, invoking Section 77 of the Hindu Religious and Charitable Endowments Act, 1927, ordered that fifty per cent of the trust's income be …

S. VENKATAPPAversusNARAYANAPPA AND ORS.

2001 INSC 229Disposed off

The appellant claimed occupancy rights over a parcel of land under Sections 44 and 45 of the Karnataka Land Reforms Act, 1961, relying on revenue records, rent receipts and oral testimony that he had been a tenant until 1975. The Land Tribunal and the Land Reforms Appellate Authority accepted this …

STATE OF KERALAversusM.M. MANIKANTAN NAIR

2001 INSC 225Appeal(s) allowed

The Secretary of a Gram Panchayat was prosecuted for offences under the IPC and the Prevention of Corruption Act. He moved the High Court under Section 482 CrPC to quash the prosecution, arguing that no sanction under Section 122 of the Kerala Panchayat Act was obtained. The High Court first …

BHARAT PETROLEUM CORPORATION LTD.versusMUMBAI SHRAMIK SANGHA AND ORS .

2001 INSC 224Hearing Adjourned

In Bharat Petroleum Corporation Ltd. v. Mumbai Shramik Sangha (2001), a civil appeal arose from a Bombay High Court order concerning the scope of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970. Two learned judges of the Supreme Court expressed doubt about the correctness of …

THE DISTRICT COLLECTOR AND ORS.versusSMT. SHAIK HASMATH BEEBI

2001 INSC 223

The State Government detained Smt. Shaik Hasmath Beebi under Section 3 of the Andhra Pradesh Prevention of Dangerous Activities Act, 1986, and the detention was confirmed by an advisory board. The detenu applied for temporary release under Section 15 of the same Act on 27 April 2000; the application …

ANIL RATAN SARKAR AND ORS.versusSTATE OF WEST BENGAL AND ORS.

2001 INSC 221Appeal(s) allowed

The appellants, graduate laboratory assistants employed in non‑government colleges, performed teaching functions but were re‑designated as non‑teaching staff and paid the Group B pay scale of Rs 1390‑2970. They sought a writ directing that they be treated as teachers and receive the pay scale of …

M/S. ATUL CASTINGS LTD.versusBAWA GURVACHAN SINGH

2001 INSC 222Appeal(s) allowed

Atul Castings Ltd., the tenant, occupied a building leased for residential purposes and kept an office table and equipment in one room to dispose of office files, which the family also used for study. The landlord filed an eviction petition under Section 13(2)(ii)(b) of the East Punjab Urban Rent …

MADHUKAR AND ORS.versusSANGRAM AND ORS.

2001 INSC 220Disposed off

The respondents filed a declaratory suit claiming joint ownership of the suit property and seeking to declare certain gift and sale deeds ineffective. The trial court dismissed the suit on the grounds of limitation and that a prior decree (O.S. No. 93/71) operated as res judicata against Defendant …

ASHOK KUMAR AND ORS.versusSITA RAM

2001 INSC 219Appeal(s) allowed

The landlord sought eviction of the tenants under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide need for the shop to start his son’s business. The Prescribed Authority accepted the claim and ordered eviction with …

MURALEEDHARANversusSTATE OF KERALA

2001 INSC 215Dismissed

The appellant, Muraledharan, was alleged to be a chief conspirator in the Kollam liquor tragedy that caused numerous deaths and injuries, and was charged under Section 8 of the Kerala Abkari Act among other offences. He obtained anticipatory bail from a Sessions Judge under Section 438 of the CrPC …

STATE OF ORISSA AND ORS.versusK. SRINIVASA RAO (DEAD) THROUGH LRS.

2001 INSC 216Case Partly allowed

The Supreme Court examined the meaning of "family" under the Orissa Land Reforms Act, 1960 (as amended by President's Act 17 of 1973) in two contexts. It held that a married woman is an individual whose family consists of herself, her husband and their children, and therefore she is not a member of …

MANOJ KUMARversusBIHARI LAL (DEAD) BY LRS.

2001 INSC 217Appeal(s) allowed

The respondent landlord filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958, claiming a bona‑fide requirement for the premises. The appellant tenant applied for leave to contest the eviction under Section 25‑B, asserting that he was not a tenant but was in …

SAMIR MUKHERJEEversusDAVINDER K. BAJAJ AND ORS.

2001 INSC 218Dismissed

The appellant, Samir Mukherjee, occupied premises under an oral lease for manufacturing purposes. The respondents, Davinder K. Bajaj and others, served a 15‑day notice to quit, invoking Section 106 of the Transfer of Property Act, which presumes a month‑to‑month tenancy unless the lease is for …

V.K. PALANIAPPA CHETTIAR (DEAD) BY LRS.versusRAMASAMI GOUNDER AND ANR.

2001 INSC 213Dismissed

The appellant, the estate of V.K. Palaniappa Chettiar, had mortgaged property that was later auctioned and purchased by the respondent. The sale was confirmed under Order 21 Rule 92 of the CPC, and the appellant's application under Order 21 Rule 90 to set aside the sale was dismissed. The appellant …

DAYA SINGH LAHORIAversusUNION OF INDIA AND ORS.

2001 INSC 212Disposed off

Daya Singh Lahoria was extradited from the United States to India under an extradition decree that listed specific offences. After his return, Indian authorities sought to try him for additional offences, including those under the Terrorist and Disruptive Activities (Prevention) Act, which were not …