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Judgments of 2002

578 judgments · newest first · showing 1–200

ONKAR LAL BAJAJ ETC. ETC.versusUNION OF INDIA AND ANR. ETC. ETC.

2002 INSC 570Disposed off

The Government cancelled all petrol pump, LPG and kerosene dealership allotments made since January 2000 after media reports alleged political patronage in a few cases. Petitioners, who had received letters of intent or entered into agreements, challenged the order as arbitrary and violative of …

M/S. BHARAGATH ENGINEERINGversusR. RANGANAYAKI AND ANR.

2002 INSC 572Appeal(s) allowed

The deceased employee of Mis. Bharagath Engineering died in an accident alleged to have occurred in the course of his employment. The employer argued that the claim under the Workmen's Compensation Act, 1923 should be barred because the employee was an "insured person" under the Employees' State …

HANS RAJ AGARWAL AND ANR.versusCHIEF COMMNR. OF INCOME TAX AND ORS.

2002 INSC 573Dismissed

The appellants sought to set aside a second compulsory purchase order issued by the Central Government under Chapter XX‑C of the Income Tax Act, 1961, alleging that the order was beyond the statutory limitation period, concerned an undivided share contrary to the demarcated portions, and that the …

M/S. UNIQUE BUTYLE TUBE INDUSTRIES PVT. LTD.versusU.P. FINANCIAL CORPORATION AND ORS.

2002 INSC 574Appeal(s) allowed

U.P. Financial Corporation initiated recovery proceedings against Unique Butyle Tube Industries Pvt. Ltd. under the Uttar Pradesh Public Monies (Recovery of Dues) Act, 1972 for default on a loan. The appellant contended that, after the enactment of the Recovery of Debts due to Bank and Financial …

M.C. ABRAHAM AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

2002 INSC 575Appeal(s) allowed

The Supreme Court examined a writ petition filed by directors of Maharashtra Antibiotics & Pharmaceuticals Ltd. seeking relief against the Bombay High Court's order directing the State to arrest them and to compel the investigating agency to file a charge‑sheet. The Court held that arrest is a …

JINIA KEOTIN AND ORS.versusKUMAR SITARAM MANJHI AND ORS.

2002 INSC 576Dismissed

In a partition suit over ancestral coparcenary property, the children of a second wife (Jinia Keotin) born from a marriage that was void under the Hindu Marriage Act, 1955 claimed a share in the property. The trial court and the High Court allowed them a share only in the parents' property, invoking …

SMT. SHANTI DEVI AND ANR.versusSWAMI ASHANAND & ANR.

2002 INSC 577Dismissed

The landlord, Swami Ashanand, a sanyasi, owned a building in Haridwar occupied by four tenants. He filed an eviction suit under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, seeking demolition and reconstruction to create a residence, temple, and …

FLASH LABORATORIES LTD.versusCOLLECTOR OF CENTRAL EXCISE, NEW DELHI.

2002 INSC 568Dismissed

Flash Laboratories Ltd, a toothpaste manufacturer, sold 60% of its output to its holding company Parle Products Ltd and the remaining 40% to another subsidiary, Parle Biscuits Ltd. The Central Excise authorities issued show‑cause notices alleging that the three entities were "related persons" under …

STATE OF KARNATAKAversusPANCHAKSHARI GURUPADAYYA HIRAMATH

2002 INSC 578Appeal(s) allowed

The State of Karnataka charged Panchakshari Gurupada Yya Hiramath under Section 302 IPC for the murder of DSP Shankaraiah Hiremath, alleging a fatal attack with a sickle following a land dispute. The prosecution’s case rested primarily on the eye‑witness testimony of PW3, who saw the accused assault …

ZAHIRUL ISLAMversusMOHD. USMAN AND ORS.

2002 INSC 569Appeal(s) allowed

The plaintiff, Zahirul Islam, sued Mohd. Usman and others. One of the defendants (Defendant No.2) died on 1 February 1995, but the trial court proceeded ex parte against him without substituting his legal representative. The legal representative later sought a stay of execution of the decree under …

ASHEESH PRATAP SINGH AND ORS.versusM. SACHDEVAND ORS.

2002 INSC 563Directions issued

Thirty-two students who had qualified the CPMT in 1998 were admitted to Azamgarh Medical College, completed the first professional MBBS examination, and then discovered that the college was closed due to infrastructure deficiencies. The Supreme Court had earlier directed the Medical Council of India …

MAHILA BAJRANGI (DEAD) THROUGH LRS. AND ORS.versusBADRIBAI W/O JAGANNATH AND ANR.

2002 INSC 564Dismissed

Mahila Bajrangi, through her legal representatives, filed a suit for declaration of title and possession of a house, claiming ownership based on a gift deed executed by her mother Gopali, who she alleged was the lawful wife of the deceased Gendilal. The defendants contended that Gopali's marriage to …

SUNIL KUMAR RANAversusSTATE OF HARYANA AND ORS.

2002 INSC 565Dismissed

Sunil Kumar Rana filed a nomination for a municipal council seat, but his nomination was rejected because he had more than two living children, a disqualification under Section 13A of the Haryana Municipal Act as amended in 1994. The amendment introduced a proviso that a person with more than two …

P.U. JOSHI AND ORS.versusTHE ACCOUNTANT GENERAL, AHMEDABAD AND ORS.

2002 INSC 566Dismissed

The appellants, who were Supervisors in the Accounts & Entitlement wing of the Indian Audit and Accounts Department, claimed promotion to Assistant Accounts Officer on the basis that their pay scale and duties were identical to Section Officers and that they were entitled to equal pay for equal …

SHALIGRAM SHRIVASTAVAversusNARESH SINGH PATEL

2002 INSC 562Dismissed

The Supreme Court examined an appeal against the Madhya Pradesh High Court’s order upholding the rejection of a candidate’s nomination in a bye‑election. The Election Commission had instructed Returning Officers to require candidates to fill a proforma disclosing information relevant to …

SYNDICATE BANKversusR. VEERANNA AND ORS.

2002 INSC 567Disposed off

Syndicate Bank sued R. Veeranna and others for repayment of loans totaling Rs 16,15,091.05. The defendants accepted liability but contested the bank's claim for a higher rate of interest, arguing that the increase violated natural justice and the bank's own circulars. The trial court awarded the …

STATE OF UTTAR PRADESHversusRAM SEWAK AND ORS.

2002 INSC 556Disposed off

The State of Uttar Pradesh appealed the Allahabad High Court's acquittal of five accused in a murder case arising from a factional clash. The deceased had given a dying declaration naming Ram Sewak as the shooter, which was corroborated by a promptly lodged FIR and eyewitness testimony. The trial …

ROHIT SINGHAL AND ORS.versusPRINCIPAL, JA WAHAR N. VIDYALA YA AND ORS.

2002 INSC 557Disposed off

Five students from a rural background in Uttar Pradesh were admitted to Jawahar Navodaya Vidyalaya (JNV) and later migrated to a JNV in Kerala as per the scheme's national integration policy. They faced language and cultural difficulties, leading to alleged indiscipline and their discharge on …

M/S. INDIA HOUSEversusKISHAN N. LALWANI

2002 INSC 558Dismissed

The respondent filed two revision petitions against a High Court order under the Tamil Nadu Buildings (Lease & Rent) Control Act, 1960, but applied for a certified copy of the order after the 30‑day limitation period had expired. The Supreme Court held that, under Section 12(2) of the Limitation …

BEG RAJ SINGHversusSTATE OF U.P. AND ORS.

2002 INSC 559Appeal(s) allowed

The State of Uttar Pradesh issued a government order to lease sand mining rights on the Yamuna river bed for a term of three to five years. The appellant was initially granted a one‑year lease, which the Collector later extended by two years on the ground that the original lease should have been for …

SUDHANSU SEKHAR SAHOOversusSTATE OF ORISSA

2002 INSC 560Appeal(s) allowed

The appellant, a District Malaria Officer, was convicted by the Sessions Court and the Orissa High Court for rape (IPC s.376) and wrongful confinement (IPC s.342) based primarily on the testimony of Ms. X, a lady supervisor who alleged she was taken to the appellant's house at night and forced to …

SWAMI NATH CHOUHAN AND ORS.versusUNION OF INDIA AND ORS.

2002 INSC 561Dismissed

The appellants, Swami Nath Chouhan and others, claimed tenancy of 4 Bighas 4 Kathas and 15 Lechas at Hukanpukhuri, alleging a lease from respondents 5‑7 in 1947, while the land had been acquired by the Union of India in 1943 for defence purposes and later reconveyed without possession. The Union …

LAKHWINDER SINGH AND ORS.versusSTATE OF PUNJAB

2002 INSC 548Appeal(s) allowed

The appellants, three constables, were convicted for murder, attempted murder and related offences arising from a violent incident on 24 December 1996. The prosecution's case relied on three eye‑witnesses, forensic reports and seized weapons, but the Supreme Court found serious deficiencies: the FIR …

ASHOK KUMARversusSTATE OF HARYANA

2002 INSC 549Appeal(s) allowed

The appellant Ashok Kumar was convicted under Section 376(2)(g) IPC for rape, based on the allegation that he facilitated the rape committed by the deceased Anil Kumar. The prosecution's case relied on the testimony of the victim's brother, who claimed the victim had told him that both men had raped …

DR. (MRS.) RENUKA DATLA AND ORS.versusCOMMISSIONER OF INCOME TAX KARNATAKA AND ANR.

2002 INSC 550Appeal(s) allowed

The appellants were assessed for AY 1992-93 and appealed, resulting in partial modifications and a waiver of interest. A demand was re‑computed on 31‑12‑1998 and remained unpaid when the appellants filed a declaration under Section 88 of the Kar Vivad Samadhan Scheme (Finance Act, 1998). The …

JANKI NARAYAN BHOIRversusNARAYAN NAMDEO KADAM

2002 INSC 551Dismissed

The respondent filed a suit for possession of property on the basis of a Will that was signed by two attesting witnesses. At trial only one attesting witness and the scribe were examined, while the second witness, though alive, was not called. The trial court accepted the Will, but the District …

CELLULAR OPERATORS ASSOCIATION OF INDIA AND ORS.versusUNION OF INDIA AND ORS.

2002 INSC 542Appeal(s) allowed

The Cellular Operators Association of India (appellants) challenged the Government's decision to permit Fixed Service Providers to offer Wireless in Local Loop (WLL) with limited mobility, arguing that the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) failed to consider the …

SHREE DIGVIJA Y CEMENT CO. LTD. AND ANR.versusUNION OF INDIA AND ANR.

2002 INSC 552Appeal(s) allowed

The cement manufacturers challenged Clause 9A of the Cement Control Order, 1967, which required a payment of Rs 9 per metric tonne on non‑levy cement, arguing that it was a tax imposed without statutory authority. The issue before the Supreme Court was whether the clause was ultra vires Section 18G …

SUSHILAversusIIND ADDITIONAL DISTRICT JUDGE, BANDA AND ORS.

2002 INSC 553Appeal(s) allowed

The landlady Sushila purchased a shop in 1977 and sought its eviction under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, to accommodate her married, unemployed son Prem Prakash who had an electrical‑wiring certificate and wanted to start a …

M/S INDIAN CHARGE CHROME LTD. AND ANR.versusUNION OF INDIA AND ORS.

2002 INSC 543Disposed off

The dispute concerned the legality of the Orissa State Government's recommendation to grant a mining lease of 84.881 hectares of chromite to Nava Bharat Ferro Alloys Ltd. (respondent ‘N’) and the subsequent approval of that recommendation by the Central Government. The appellant, Indian Charge …

DEVENDER PAL SINGHversusSTATE N.C.T. OF DELHI AND ANR.

2002 INSC 544Dismissed

The petitioners filed review applications under Article 137 of the Constitution seeking to set aside death sentences imposed by the Supreme Court in three criminal appeals. They argued that because one of the three judges on the bench had either acquitted the accused or suggested life imprisonment, …

COMMISSIONER OF INCOME TAXversusM/S. HINDUSTAN BULK CARRIERS

2002 INSC 545Case Partly allowed

The dispute arose over the period for which interest under Section 234B (and related sections 234A, 234C) could be levied by the Income Tax Settlement Commission after an assessee disclosed previously undisclosed income under Section 245C. The revenue argued that interest should be limited to the …

COMMISSIONER OF INCOME TAX, MUMBAIversusM/S. DAMANI BROTHERS

2002 INSC 546Appeal(s) allowed

The Revenue appealed against an order of the Income Tax Settlement Commission concerning Daman! Brothers' settlement application. The Supreme Court examined whether the Commission could waive or reduce interest under Section 220(2) while exercising powers under Section 245(4), whether assessment …

BANK OF INDIA AND ORS.versusO.P. SWARANAKAR ETC.

2002 INSC 547Disposed off

The Supreme Court examined the validity of Voluntary Retirement Schemes (VRS) introduced by State Bank of India and other nationalised banks, focusing on whether an employee’s application for retirement could be withdrawn before the bank’s acceptance despite a clause stating the request was …

SALEEM BHAI AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2002 INSC 554Appeal(s) allowed

The plaintiffs filed suits seeking a declaration that several earlier decrees and orders were illegal, null and void. The defendants moved to reject the plaints under Order VII Rule 11 of the Code of Civil Procedure, alleging no cause of action and that the suits were barred by res judicata. The …

M/S. OCL INDIA LTD.versusSTATE OF ORISSA AND ORS.

2002 INSC 555Appeal(s) allowed

M/s OCL India Ltd., a cement manufacturer, was assessed under the Orissa Sales Tax Act for the year 1986-87. The Sales Tax Officer issued an assessment order in 1987, which was later subjected to a show‑cause notice by the Assistant Commissioner in 1995 under delegated revisional power, but the …

BHAIJIversusSUB DIVISIONAL OFFICER, THANDLA AND ORS.

2002 INSC 540Dismissed

The appellant, a member of an aboriginal tribe, purchased land from tribal bhumiswamis during the period covered by Section 1708 of the Madhya Pradesh Land Revenue Code, 1959. He failed to submit the required information within the prescribed two‑year period, prompting the Sub‑Divisional Officer to …

R. KAPILNATH (DEAD) THROUGH LRS.versusKRISHNA

2002 INSC 536Dismissed

The tenant (R. Kapilnath, deceased, through LRs) occupied a house owned by a temple and paid rent to the temple's pujari, Krishna, who filed an eviction suit under the Karnataka Rent Control Act, 1961. The Munsif Court granted eviction under clause (p) of Section 21(1) but not clause (h); the …

STATE OF WEST BENGAL AND ORS.versusMANAS KUMAR CHAKRABARTI AND ORS.

2002 INSC 537Appeal(s) allowed

The State of West Bengal appointed Dinesh Chandra Vajpai, an Additional DGP, as Director General & Inspector General of Police (DG & IGP). Manas Kumar Chakraborty, a fellow IPS officer, challenged the appointment, arguing that only a substantive DGP could be appointed to the post and that the …

MANSAB ALIversusLRSAN AND ANR.

2002 INSC 538Disposed off

The complainant challenged a High Court order that granted bail to one co‑accused (Irsan) in a murder‑related case, alleging that the order was laconic and failed to state reasons. The Supreme Court reiterated that the discretion to grant or refuse bail under the Criminal Procedure Code must be …

BIJAY KUMAR MAHANTYversusJADU @ RAM CHANDRA SAHOO

2002 INSC 539Dismissed

The officer-in-charge of a police station arrested Jadu (the respondent) despite a certified bail order issued by the Sessions Judge. The High Court initiated contempt proceedings under Section 19 of the Contempt of Courts Act, 1971, found the officer guilty of contempt, and sentenced him to seven …

ATMA S. BERARversusMUKHTIAR SINGH

2002 INSC 533Appeal(s) allowed

The landlord, a retired Indian Revenue Service officer, constructed a house in Moga and later let part of it to the tenant. After a decade he sought eviction on the ground of needing the premises for his own occupation because of age, health and lack of alternative residence. The Rent Controller and …

AKHILESHWAR KUMAR AND ORS.versusMUSTAQIM AND ORS.

2002 INSC 534Appeal(s) allowed

Four siblings purchased a commercial premises to start their own businesses, particularly plaintiff No. I who intended to run a clothing shop. The premises were occupied by the respondents as tenants. The trial court, applying Section 11(1)(c) of the Bihar Buildings (Lease, Rent & Eviction Control) …

STATE OF RAJASTHAN AND ANR.versusSMT. AMARJEET KAUR AND ORS.

2002 INSC 535Dismissed

The respondents, landholders under the Rajasthan Tenancy Act, 1955, were initially found not to hold surplus land. After the Rajasthan (Imposition of Ceiling on Agricultural Holdings) Act, 1973 came into force, they were later declared to have surplus land and the State sought to reopen the earlier …

CHARAN LAL SAHUversusDR. APJ ABDUL KALAM AND ORS.

2002 INSC 529Dismissed

Charan Lal Sahu, an advocate, filed an election petition and a special leave petition challenging the election of Dr. A.P.J. Abdul Kalam as President of India, alleging that his own nomination was wrongly rejected and that certain provisions of the Presidential and Vice‑Presidential Elections Act, …

DR. PRABHA ATRIversusTHE STATE OF U.P. AND ORS.

2002 INSC 530Appeal(s) allowed

Dr. Prabha Atri, an anaesthetist at Kamla Nehru Memorial Hospital, was suspended pending a domestic enquiry after being charged with negligence and breach of medical ethics. She wrote a letter on 9 January 1999 stating that if her grievances were not addressed, she would resign with immediate …

STATE OF HARYANAversusMANGE RAM AND ORS.

2002 INSC 531Appeal(s) allowed

The State of Haryana prosecuted four accused for causing grievous injuries that led to the death of a police constable. The trial court convicted them under sections 325 and 326 read with 34 of the IPC, acquitting them of murder (302/34). The High Court reversed this, discarding the victim's dying …

COMMISSIONER OF WEALTH TAX, GUJARATversusLOV. S. KINARIWALA

2002 INSC 532Dismissed

The respondent, a beneficiary of a trust, received income from a partnership firm which was assigned to the trust and later distributed. The beneficiaries, including the respondent, assigned their interests to a Body of Individuals (B.O.I.) and claimed that the assets should be valued as belonging …

COMMISSIONER OF INCOME TAXversusSUNIL J. KINARIWALA

2002 INSC 528Appeal(s) allowed

Sunil J. Kinariwala, a partner in a firm, created a trust and assigned fifty percent of his ten percent partnership share to the trust, claiming that the income was diverted at source and therefore not assessable in his total income. The Income Tax Officer held the assignment to be an application of …

MR. "X"versusHOSPITAL "Z"

2002 INSC 526Disposed off

The appellant, a medical practitioner, was found HIV‑positive when his blood was tested at Hospital Z during a donation for a relative. The hospital disclosed his HIV status to the relatives of his fiancée, leading to the cancellation of his marriage and social ostracism. The appellant sought …

L.T.C. LTD.versusCOLLECTOR OF CENTRAL EXCISE, PATNA

2002 INSC 527Dismissed

I.T.C. Ltd., a cigarette manufacturer, was served with show‑cause notices for removing 20 sticks from each machine daily as samples for quality‑control testing, without paying excise duty. The company argued that excise duty should not apply because the cigarettes were not yet packed, a step it …

M/S. PRECISION STEEL AND ENGG. WORKSversusPREM DEVA NIRANJAN DEVA TAYAL

2002 INSC 525Dismissed

The tenant, Mis. Precision Steel and Engg. Works, occupied a ground‑floor flat in Greater Kailash, Delhi, under a licence deed dated 13 September 1971 that required residential use but permitted incidental office use subject to local authority approval. The landlord, Prem Deva Niranjan Deva Tayal, …

HITECH ELECTROTHERMICS AND HYDROPOWER LTD.versusST ATE OE KERALA AND ORS.

2002 INSC 524Appeal(s) allowed

Hitech Electrothermics & HydroPower Ltd set up a ferro‑alloy plant in Kerala after the State Government issued an industrial policy (1992) offering a five‑year concessional electricity tariff to new units that commenced commercial production between 1 Jan 1992 and 31 Dec 1996. The Kerala State …

EX. CAPT. HARISH UPPALversusUNION OF INDIA AND ANR.

2002 INSC 523Disposed off

The Supreme Court examined multiple writ petitions challenging the legality of lawyers striking or calling for a boycott of courts. It held that advocates, as officers of the Court, have no right to strike or boycott court proceedings; such actions interfere with the administration of justice and …

DIRECTOR OF INCOME TAXversusM/S. BHARAT DIAMOND BOURSE

2002 INSC 522Appeal(s) allowed

The Bharat Diamond Bourse, a company limited by guarantee, claimed exemption under Section 11 of the Income Tax Act for AY 1989‑90 and 1990‑91, asserting it was a charitable institution. The Assessing Officer denied the exemption, holding that the Bourse’s objects were not charitable and that it had …

B.L. SREEDHAR AND ORS.versusK.M. MUNIREDDY (DEAD) AND ORS.

2002 INSC 518Dismissed

The case concerned service‑inam lands that were originally attached to a hereditary village office. After the Mysore Village Offices Abolition Act, 1961, the lands were resumed and re‑granted to the plaintiff and his son, who later consented to a re‑grant in favour of his son (defendant No.3). …

N.C. DAGAversusLNDER MOHAN SINGH RANA

2002 INSC 519Dismissed

The landlord filed an eviction petition under the Delhi Rent Control Act, 1958 on the ground of personal requirement. The tenant applied for leave to defend, arguing that the lease permitted both residential and commercial use and that decades of commercial occupation implied consent. The Rent …

OM PRAKASH @ RAJAversusSTATE OF UTTARANCHAL

2002 INSC 520Dismissed

The appellant, a domestic servant employed by retired Brigadier Shyam Lal Khanna, was convicted of murdering three members of the Khanna family and attempting to murder the wife. The prosecution proved the offences through the testimony of the surviving wife (PW‑1), corroborated by a sweeper and …

SATISH SHARMA AND ANR.versusSTATE OF GUJARAT

2002 INSC 521Appeal(s) allowed

The accused were charged with offences under IPC sections 114 and 302 and the Arms Act. Their applications for anticipatory bail were rejected by the Sessions Court and the Gujarat High Court. While the bail matter was pending, two police officers (the appellants) filed a report under Section 169 of …

STATE OF GUJARATversusM/S. ARVIND MILLS AND ORS.

2002 INSC 516Dismissed

The State of Gujarat challenged the validity of the proviso to Rule 81(2) of the Gujarat Land Revenue Rules, 1972 (as amended 1977), which imposed double land‑revenue rates on lands in urban agglomerations covered by the Urban Land (Ceiling and Regulation) Act, 1976, if the land was not put to the …

MAHESH CHANDversusB. JANARDHAN AND ANR.

2002 INSC 514Disposed off

Mahesh Chand filed an FIR alleging forged sale deeds and trespass. The police investigation concluded the matter was a civil dispute and filed a case‑disposal report, which the magistrate accepted, leading to the dismissal of Chand's criminal complaint. After a protest petition was also dismissed, …

DR. CHANDRA PRAKASH AND ORS.versusSTATE OF U.P. AND ANR.

2002 INSC 515Case Allowed

The petitioners were doctors temporarily appointed by the Governor of Uttar Pradesh against substantive vacancies between 1965 and 1976. They sought seniority to be counted from the date of their initial appointments, relying on the earlier Mathur judgment, and challenged the applicability of the …

RAM NIBAS GAGAR (DEAD) BY LRS.versusDEBOJYOTI DAS AND ORS.

2002 INSC 517Dismissed

The landlords filed a suit for eviction of the tenant under Section 5(1)(c) of the Assam Urban Areas Rent Control Act, 1972, claiming the premises were needed for their own cloth business. The trial court, the first appellate court and the Assam High Court upheld the eviction decree. The tenant …

FEROZE N. DOTIVALAversusP.M. WADHWANI AND ORS.

2002 INSC 506Dismissed

The appellant, Feroze N. Dotivala, occupied a portion of a terrace flat owned by the respondents after paying compensation in 1969. The respondents later demanded a written acknowledgment that he was a "paying guest"; he refused and obtained a decree declaring him a deemed tenant. The High Court …

N. NATARAJANversusB.K. SUBBA RAO

2002 INSC 507Appeal(s) allowed

The respondent filed an application under Section 340 of the Criminal Procedure Code before a Designated Court, alleging that the appellant, the Chief Public Prosecutor, had made contradictory submissions in the Bombay blast case, potentially amounting to fabrication of evidence. The Designated …

JOSEPHversusSTATE OF KERALA

2002 INSC 508Appeal(s) allowed

The appellant was convicted by the Kerala High Court for murder, hurt and criminal conspiracy based primarily on the testimony of a single injured eye‑witness, PW I, despite inconsistencies with medical evidence and other witnesses. The trial court had acquitted the appellant, finding the sole …

THE STATE OF TRIPURA AND ANR.versusROOPCHAND DAS AND ORS.

2002 INSC 509Dismissed

The petitioners, landowners, sought redetermination of compensation under Section 28-A of the Land Acquisition Act, 1894, filing applications after a later award by the Reference Court. The Land Acquisition Collector rejected the petitions, holding that the three‑month limitation period must be …

AJAY KUMAR BHUYAN AND ORS.versusSTATE OF ORISSA AND ORS.

2002 INSC 511Dismissed

The case concerned appointments of junior assistants in the office of the Director General/Inspector General of Police in Orissa made between 1981 and 1985 under the Orissa Police Manual, 1940. After the Orissa Ministerial Service Rules of 1975 and the statutory rules of 1988 came into force, the …

SHIROMANI GURDWARA PARBANDHAK COMMITTEE, AMRITSARversusBAGGA SINGH AND ORS.

2002 INSC 512Dismissed

The case concerned a dispute over whether a property in Kot Fatta, Bhatinda, was a Sikh Gurdwara and whether it belonged to the Shiromani Gurdwara Parbandhak Committee (SGPC) or to Mahant Sarna Ram, an Udasi. The Tribunal had treated petitions under Sections 8 and 10 of the Sikh Gurdwaras Act, 1925 …

NAGAPPAversusGURUDAYAL SINGH AND ORS.

2002 INSC 504Appeal(s) allowed

Nagappa, a poor agriculturist who lost his right leg in a road accident, claimed compensation under the Motor Vehicles Act, 1988. The Claims Tribunal awarded a modest sum, which the Karnataka High Court later enhanced and also ordered payment for an artificial leg. Nagappa then sought to amend his …

BHAVNAGAR UNIVERSITYversusPALITANA SUGAR MILL PVT, LTD. AND ORS.

2002 INSC 505Dismissed

The State of Gujarat reserved land for public purposes under the Gujarat Town Planning and Urban Development Act, 1976 and published a final development plan on 3 March 1986. The ten‑year period for acquisition expired on 2 March 1996, but a draft revised plan was issued on 20 February 1996. …

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

2002 INSC 513Appeal(s) allowed

The case concerned whether an insurer is liable to pay compensation to the dependents of a passenger who died while travelling in a goods carriage that met with an accident. The Motor Accident Tribunal had held the insurer liable, relying on the earlier decision in New India Assurance Co. v. Satpal …

SHAKEELUR RAHMANversusSYED MEHDI ISPAHANI

2002 INSC 501Dismissed

The landlord sought eviction of the tenant under Section 14(1)(b) of the Tamil Nadu Building (Lease and Rent Control) Act, 1960, claiming a bona‑fide need to demolish and rebuild the premises for better financial returns. The Rent Controller and the Appellate Authority rejected the petition, holding …

VIKAS DESHPANDEversusBAR COUNCIL OF INDIA AND ORS.

2002 INSC 502Dismissed

Advocate Vikas Deshpande approached three prisoners sentenced to death, promised to represent them free of charge, and obtained their signatures on a vakalatnama and on stamp papers without explaining the contents. He later claimed a power of attorney to sell their land, sold part of it, and …

PRATIBHA SINGH AND ANR.versusSHANTI DEVI PRASAD AND ANR.

2002 INSC 503Disposed off

The Supreme Court dealt with a suit for specific performance of a contract to sell immovable land where the plaint failed to give a precise description of the property and no map was annexed. The trial court decreed specific performance, but the decree did not identify the land, leading to execution …

COMMISSIONER OF CENTRAL EXCISE, SHILLONGversusNORTH-EASTERN TOBACCO CO. LTD.

2002 INSC 499Dismissed

The North‑Eastern Tobacco Co. Ltd, after closing its earlier cigarette unit at Bangagarh under a disinvestment agreement, set up a new manufacturing unit at the Export Promotion Industrial Park in Amingaon in 1999 and sought exemption from central excise duty under the Exemption Notification dated …

HEMALATHA GARGYAversusCOMMISSIONER OF INCOME TAX

2002 INSC 500Disposed off

The Supreme Court examined whether the three‑month payment period prescribed in Section 67(1) of the Voluntary Disclosure of Income Scheme, 1997 could be extended. The Court held that the word "shall" makes the deadline mandatory and that Section 67(2) expressly deems a declaration invalid if …

BALLA RAM (DEAD) BY LRS. AND ORS.versusPHOOLA (DEAD) BY LRS. AND ORS.

2002 INSC 496Appeal(s) allowed

The case involved a second appeal filed by the heirs of Balla Ram against the heirs of Phoola. The Punjab and Haryana High Court dismissed the appeal summarily, stating “No merit”, without examining whether any substantial question of law existed between the parties as required by Section 100(3) of …

KANHAIYALAL AND ORS.versusANUPKUMAR AND ORS.

2002 INSC 497Appeal(s) allowed

The appellants filed a second appeal under Section 100 of the Code of Civil Procedure, challenging the Madhya Pradesh High Court's reversal of the trial and first appellate courts' findings of fact. The High Court failed to state any substantial question of law in its memorandum of appeal or …

THE JALANDHAR IMPROVEMENT TRUSTversusTHE STATE OF PUNJAB AND ORS.

2002 INSC 498Dismissed

The Jalandhar Improvement Trust appealed against a High Court order that dismissed its writ challenging the Land Acquisition Collector's decision to grant enhanced compensation to a mother (the fourth respondent) under Section 28A of the Land Acquisition Act, 1894. The land had been acquired in 1978 …

I.T.C. LIMITEDversusCOLLECTOR OF CENTRAL EXCISE, BOMBAY

2002 INSC 495Appeal(s) allowed

I.T.C. Ltd. classified the 'slides' of cigarette packets under heading 4818.19 with nil duty, but the Revenue issued a show‑cause notice to reclassify them under heading 4818.90. The appellant raised the plea that 'slides' (and later 'slits') were not excisable goods only at the appellate stage, and …

KILLICK NIXON LTD., MUMBAIversusDEPUTY COMMISSIONER OF INCOME TAX, MUMBAI AND ORS.

2002 INSC 493Appeal(s) allowed

Killick Nixon Ltd. filed its return for AY 1992‑93 and, after a revised return, the Assessing Officer disallowed several claims. The Commissioner of Income Tax (Appeals) upheld some items but set aside four heads – bad debt, income from house property, capital gains and a disallowance under Rule 6D …

GKN DRIVESHAFTS (INDIA) LTD.versusINCOME TAX OFFICER AND ORS.

2002 INSC 494Dismissed

The appellant, GKN Driveshafts (India) Ltd., challenged the validity of notices issued under sections 148 and 143(2) of the Income Tax Act, 1961, before the Delhi High Court. The High Court dismissed the writ petition, holding it premature because the appellant could raise objections in its reply to …

A.L. RANJANEversusRAVINDRA ISHWARDAS SETHNA AND ORS.

2002 INSC 491Dismissed

The appellant, A.L. Ranjane, operated a tea stall on a permanent structure embedded in a public street adjacent to the building of respondent R.J. Sethna. The respondent sued for declaration, mandatory and permanent injunctions to remove the structure, alleging encroachment, nuisance, fire and …

SOHAN LALversusBABU GANDHI AND ORS.

2002 INSC 490Disposed off

An election for the post of Sarpanch of a Gram Panchayat was held. The appellant was orally told he had won, but the official result declared the respondent as the winner. The Sub‑Divisional Officer, on an ex‑parte order, recounted the votes and corrected a clerical error, declaring the appellant …

MAHENDER PRATAPversusKRISHAN PAL AND ORS.

2002 INSC 492Dismissed

Mahender Pratap, who lost a Legislative Assembly election by 161 votes, filed an election petition seeking a recount of votes on the ground of alleged irregularities in electronic voting machine counting and non‑compliance with Conduct of Election Rules 56A and 63. He claimed that his application …

CENTRAL AIRMEN SELECTION BOARD AND ANR.versusSURENDER KUMAR DAS

2002 INSC 486Appeal(s) allowed

The Central Airmen Selection Board advertised a post of Airman with an upper age limit that could be relaxed by two years for candidates who had passed the Intermediate (+2) examination. Surrender Kumar Das applied claiming such qualification, qualified the written test and was called to report, but …

JAGAT PAL DHAWANversusKAHAN SINGH (DEAD) BY LRS. AND ORS.

2002 INSC 487Appeal(s) allowed

The landlord, Jagat Pal Dhawan, filed a suit under Section 14(3)(c) of the Himachal Pradesh Urban Rent Control Act, 1987 seeking eviction of his tenant, Kahan Singh, on the ground that the over‑100‑year‑old building was required bona‑fide for reconstruction into a modern three‑storeyed house. The …

DUGAR ELECTRONICSversusCOLLECTOR OF CENTRAL EXCISE, CALCUTTA

2002 INSC 488Disposed off

Dugar Electronics, a manufacturer of tape recorders, received moulds and certain parts from Pieco (Philips) free of cost and declared a price for its finished goods. The Central Excise authorities and the Customs, Excise and Gold (Control) Appellate Tribunal rejected this declared price, holding …

A. SATYANARAYAN SHAHversusM. YADIGIRI

2002 INSC 489Disposed off

The landlord sought eviction of a tenant occupying a piece of land with a small wooden structure under the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960. The tenant claimed he only rented the land and owned the wooden structure, arguing that the structure was not a "building" within …

COLGATE PALMOLIVE (INDIA) LTD .versusM.R.T.P. COMMISSION AND ORS.

2002 INSC 480Appeal(s) allowed

Colgate Palmolive (India) Ltd ran a newspaper contest that required consumers to purchase two toothbrushes to enter, offering various prizes. A complaint was filed with the MRTP Commission alleging that the contest was an unfair trade practice under Section 36A(3)(b) of the Monopolies and …

HINDUSTAN CIBA GEIGYversusUNION OF INDIA AND ORS.

2002 INSC 476Appeal(s) allowed

The appellant, Hindustan Ciba Geigy, placed an advertisement claiming its product Aerocol was manufactured by it and was a market leader in the UK. A complaint was filed alleging unfair trade practice under Section 36A of the Monopolies and Restrictive Trade Practices Act, 1969, leading the MRTP …

R.D. GOYAL AND ANR.versusRELIANCE INDUSTRIES LTD.

2002 INSC 477Dismissed

The appellants R.D. Goyal and others challenged the MRTP Commission’s finding that the issue of equity shares linked with redeemable non‑convertible debentures, before allotment, did not constitute "goods" under Section 2(e) of the Monopolies and Restrictive Trade Practices Act, 1969. They argued …

RAM AVTAR AND ORS.versusTHE STATE OF U.P.

2002 INSC 481Dismissed

The case arose from an incident where two police constables attempted to arrest Ram Avtar and his associates; the accused’s relatives intervened with weapons, leading to a violent clash that resulted in the deaths of two members of the complainant’s family. The trial court convicted eight accused …

A.P. STATE ELECTRICITY BOARD AND ORS.versusJ. VENKATESHWARA RAO AND ORS.

2002 INSC 478Disposed off

The Andhra Pradesh State Electricity Board issued a 1985 memorandum promising appointment of eligible ex‑casual labourers to vacant posts, a right later affirmed by the High Court in a writ petition. In 1997 the Board issued another memorandum limiting such appointments to 50% of vacancies, and some …

ABDUL RAHMANversusPRASONY BAI AND ANR.

2002 INSC 482Dismissed

Abdul Rahman (appellant) claimed that Prasony Bai (respondent) was not the daughter of the original land allottee Mangal Singh and that he had acquired the land by adverse possession. The dispute stemmed from earlier escheat proceedings, cancellation of an allotment to the appellant and mutation …

LAKSHMI RAM BHUYANversusHARI PRASAD BHUYAN AND ORS.

2002 INSC 483Disposed off

In a title suit filed in 1978, the trial court dismissed the suit, the first appeal upheld the dismissal, and the High Court allowed the second appeal but only directed that a decree be drawn up by the trial court. The trial court prepared a decree that mentioned only costs, omitting the numerous …

VITHAL N. SHETTI AND ANR.versusPRAKASH N. RUDRAKAR AND ORS.

2002 INSC 479Dismissed

The tenant, Vithal N. Shetti, had occupied premises in Pune and erected a permanent structure (dining hall, kitchen, lavatory) in 1961. The landlord, Prakash N. Rudrakar, claimed the construction was done without his written consent and without municipal plan sanction, invoking Section 13(1)(b) of …

TATA IRON & STEEL CO. LTD.versusUNION OF INDIA

2002 INSC 484Appeal(s) allowed

Tata Iron & Steel Co. Ltd. claimed exemption from excise duty on steel ingots (Item 26) under Notification No. 53/64, asserting that the ingots were produced from fresh unused steel melting scrap obtained by cutting blooms into pieces and rendering them into scrap. The departmental authorities, the …

STATE OF MAHARASHTRAversusMAHALAXMI STORES

2002 INSC 485Dismissed

Mahalaxmi Stores purchased large stone boulders and crushed them into smaller stones known as 'gitti'. The issue was whether this crushing process constituted 'manufacture' under Section 2(17) of the Bombay Sales Tax Act, 1959, thereby attracting sales tax. The Sales Tax Tribunal and the Bombay High …

SUNDERBHAI AMBALAL DESAIversusSTATE OF GUJARAT

2002 INSC 475Disposed off

The Supreme Court considered the procedure for custody and disposal of property seized by police under Sections 451 and 452 of the Code of Criminal Procedure, 1973. The petitioners sought further directions on how seized items should be handled when the accused denies involvement and no physical …

BAR COUNCIL OF ANDHRA PRADESHversusKURUPATI SATYA NARAYANA

2002 INSC 474Appeal(s) allowed

The State Bar Council of Andhra Pradesh appealed against the Bar Council of India's Disciplinary Committee order that set aside the State Council's decision to strike off advocate Kurupati Satyanarayana for grave professional misconduct. The advocate had received Rs. 14,600 on behalf of a client in …

LALLAN RAJ AND ORS.versusSTATE OF BIHAR

2002 INSC 473Disposed off

The case involved fourteen accused who, on the night of Holi, encircled and assaulted Bindeshwari Rai with deadly weapons, resulting in his death. The trial court convicted all of them under Section 302 IPC, with some also under Section 307 IPC, while the High Court later acquitted them of the …

RAGHUNATHversusSTATE OF HARYANA AND ORS.

2002 INSC 468Appeal(s) allowed

The appellants Raghunath and eight others were convicted under IPC sections 148, 149, 302, 323, 325, 436 and 452 for a violent incident in which the deceased Kundan Lal was killed. The Supreme Court examined contradictions in witness statements, the improbability of the prosecution’s version of the …

DWARKA DAS AND ORS.versusSTATE OF HARYANA

2002 INSC 469Appeal(s) allowed

The Supreme Court examined whether a High Court, exercising criminal appellate jurisdiction under Section 374(2) of the Cr.P.C., could direct the State Government to file an appeal against an acquittal by a Sessions Judge. The High Court had ordered the Advocate General of Haryana to file a …

SHRAWAN BHADAJI BHIRAD AND ORS.versusSTTE OF MAHARASHTRA

2002 INSC 470Dismissed

The accused, members of the Bhirad family, were convicted for assaulting Ganesh Dhage with swords, causing severe injuries, under Sections 147, 148, 307 read with Section 149 of the IPC. The victim, while hospitalized, identified the accused by name in a statement recorded by doctors, which the …

BHARAT COKING COAL LTD.versusKARAM CHAND THAPAR & BROS. PVT. LTD. AND ORS.

2002 INSC 471Appeal(s) allowed

Bharat Coking Coal Ltd. (appellant) claimed that certain lands, buildings and other assets owned by Karam Chand Thapar & Bros. Pvt. Ltd. (respondent) vested in the Central Government under Section 3G(vi) of the Coking Coal Mines (Nationalisation) Act, 1972, and issued notices for possession. The …

DELHI DEVELOPMENT AUTHORITYversusSKIPPER CONSTRUCTION CO. (PVT.) LTD. AND ANR.

2002 INSC 472Directions issued

The Delhi Development Authority (DDA) had awarded a plot of land to Skipper Construction Co. (Pvt.) Ltd., which later sought a bank guarantee from New Bank of India for the balance payment. The bank officials allegedly facilitated the guarantee with irregularities, prompting a disciplinary inquiry. …

TULSI RAM AND ORS.versusMATHURA SAGAR PAN TATHA KRISHI AND ANR .

2002 INSC 462Disposed off

The dispute involved the Barai community, owners of a group of tanks used for betel leaf irrigation, and the Dhimar fishing community who had been allowed to fish in those tanks under a historic Wajib-ul-arz agreement. The Barais sought an injunction to stop the Dhimars from fishing, claiming the …

KASTURI AND ORS.versusSTATE OF HARYANA

2002 INSC 463Dismissed

The State of Haryana acquired about 84 acres of agricultural land for the development of residential and commercial sectors. After a reference under Section 18 of the Land Acquisition Act, 1894, the District Judge fixed a uniform compensation of Rs.125 per square yard. The High Court Single Judge …

VASANT ARJUNRAO BHANDAKversusSTATE OF KARNATAKA

2002 INSC 465Dismissed

Vasant Arjunrao Bhandak was charged under the Prevention of Corruption Act, 1988 and contended that the Principal Sessions Judge, Belgaum, lacked jurisdiction because the judge was not a "Special Judge" as defined in Section 3 of the 1988 Act. He argued that the appointment of the judge under a …

SUBHASH RAMKUMAR BIND @ VAKIL AND ANR.versusSTATE OF MAHARASHTRA

2002 INSC 466Dismissed

The appellants were convicted for murder of Harish Bhatia using a 9 mm pistol and a .38 calibre revolver, and were sentenced to death under IPC sections 302/34 and Arms Act section 27(3). The High Court upheld the death sentence, treating the weapons as prohibited arms under the Arms Act based on a …

ALAMGIRversusSTATE (NCT. DELHI)

2002 INSC 467Dismissed

Alamgir, a Pakistani national, travelled to Delhi with his wife Halima and stayed at a hotel. He left her locked in the room on 19 September 1991 and failed to return; her body was later found strangulated. Two slips of paper near the body bore handwriting identified by an expert as Alamgir's. He …

VENKATRAO ANANTDEO JOSHI AND ORS.versusSAU MALATHIBAI AND ORS

2002 INSC 461Appeal(s) allowed

Venkatrao Joshi and his mother filed a partition suit against the father and his wife, alleging an illegal transfer of joint family land. The trial court issued a preliminary decree granting the appellants a two‑thirds share and held the transfer void; the decree became final after the father and …

LINGALA KONDALA RAOversusVOOTUKURI NARAYANA RAO

2002 INSC 460Dismissed

The appellant, Lingala Kondala Rao, occupied a shop that had been gifted to the respondent, Vootukuri Nara Yana Rao, by his father through a registered deed of settlement. The respondent, a member of a joint Hindu family, sought eviction under Section 10(3)(a)(iii) of the A.P. Buildings (Lease, Rent …

HINDUSTAN TIMES AND ORS.versusSTATE OF UP. AND ANR.

2002 INSC 459Appeal(s) allowed

The State of Uttar Pradesh issued executive directives under Article 162 to deduct 5% from government advertisement bills in newspapers with circulation over 25,000, creating a fund for a pension scheme for working journalists. The scheme had not been enacted as a law because the related bill lapsed …

BALDEV SINGHversusSURINDER MOHAN SHARMA AND ORS

2002 INSC 458Disposed off

The case arose from a property dispute in which the appellant, Baldev Singh, admitted to having two wives. The first wife, Sarbjit Kaur, sued him for dissolution of marriage and obtained a decree declaring the marriage dissolved. The first respondent, S.M. Sharma, who had complained to the …

T.M.A. PAL FOUNDATION AND ORS.versusSTATE OF KARNATAKA AND ORS.

2002 INSC 454

The case involved challenges by private educational institutions, both minority and non-minority, against government regulations on their administration. The Supreme Court's 11-judge bench addressed five main issues concerning the right to establish educational institutions, reconsideration of the …

OM WATI GAUR AND ORS.versusJITENDRA KUMAR AND ORS.

2002 INSC 456Dismissed

The Supreme Court considered an appeal by the heirs of a deceased tenant (the appellants) against an eviction decree. The landlords had terminated the tenancy and sued for eviction, rent, damages and mesne profits. After the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 …

SAVITRI SAHAYversusSACHIDANAND PRASAD

2002 INSC 455Appeal(s) allowed

The landlord, Savitri Sahay, filed an eviction suit under the Bihar Buildings (Lease, Rent and Eviction) Act, 1982, claiming a bona‑fide requirement for a ground‑floor flat that was contiguous to her ancestral house and faced an open piece of land. During the pendency of the suit three other flats …

WARYAM SINGHversusBALDEV SINGH

2002 INSC 457Dismissed

The landlord let a shop with a verandah to the tenant, who later enclosed the verandah and installed a rolling shutter without the landlord's consent. The landlord sought eviction under Section 13(2)(iii) of the East Punjab Urban Rent Restriction Act, 1949, alleging that the alteration materially …

K.M. CHINNAPPA IN T.N. GODAVARMAN THIRUMALPADversusUNION OF INDIA AND ORS.

2002 INSC 452IA disposed

The Supreme Court considered an interlocutory application filed by a wildlife trustee seeking an injunction to stop mining by Kudremukh Iron Ore Co. Ltd. in Kudremukh National Park, a area declared a national park under the Wildlife Protection Act. The company argued that its mining lease, expiring …

ANTHONY D'SOUZA AND ORS.versusSTATE OF KARNATAKA

2002 INSC 453Dismissed

The appellants were convicted for the murder of a lorry driver and cleaner based solely on circumstantial evidence, including their alleged involvement in a road accident, medical treatment for injuries, recovery of a wrist‑watch belonging to the deceased, fertilizer bags and a blood‑stained wooden …

RAM PRASAD SARMAversusMANI KUMAR SUBBA AND ORS.

2002 INSC 446Disposed off

Ram Prasad Sarma, who lost the 1999 Lok Sabha election for Tezpur to Mani Kumar Subba, filed an election petition alleging booth‑capturing and rigging. The respondent moved to dismiss the petition under Section 86(1) on three grounds: the petition was filed beyond the 45‑day limitation, a candidate …

BHARATBHAI BHAGWANJIBHAIversusSTATE OF GUJARAT

2002 INSC 447Dismissed

While on patrol at a bus stand in Upleta, police observed the accused flee upon seeing them, intercepted him, and searched him in the presence of two Panchas, discovering about 12 grams of charas. The accused was convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and the …

M/S. ESSEN DEINKIversusRAJIV KUMAR

2002 INSC 448Leave granted

The respondent, a helper employed from 1 July 1990 to 26 February 1991, was terminated for unsatisfactory work. Section 25F of the Industrial Disputes Act, 1947 protects a workman only if he has completed at least 240 days of service in the preceding 12 months. The Labour Court held that the workman …

EPOCH ENTERREPOTSversusM.V. WON FU

2002 INSC 449Leave Granted & Dismissed

Epoch Enterprises entered into a charter agreement, evidenced by a fixture note, with the disponent owner of the vessel M.V. Won Fu to export feldspar. The vessel failed to load the cargo, prompting Epoch to sue in rem in the Admiralty jurisdiction of the Madras High Court for arrest of the ship and …

STATE OF ORISSA AND ORS.versusBALARAM SAHU AND ORS.

2002 INSC 450Appeal(s) allowed

The petitioners, who were daily‑wage/N.M.R. workers in various Orissa government projects, filed writ petitions seeking regularisation of their services and equal pay with regular staff on the ground that they performed the same duties, invoking Article 14 of the Constitution. The Orissa High Court …

NORTHERN INDIAN GLASS INDUSTRIESversusJASWANT SINGH AND ORS.

2002 INSC 451Appeal(s) allowed

Northern Indian Glass Industries obtained land in Haryana for a glass factory under the Land Acquisition Act, 1894. After the award and payment of compensation in 1974, the landowners sought enhanced compensation, which was granted by the High Court in 1988. Seventeen years later, the landowners …

SPECIAL REFERENCE NO. I OF 2002versus.

2002 INSC 445Reference answered

The President referred three questions to the Supreme Court concerning the interplay of Article 174(1) (which mandates that six months shall not intervene between the last sitting of a state legislature and its next session) and Article 324 (which vests the Election Commission with the …

M/S. RAYALSEEMA PAPER MILLS LTD. AND ANR.versusGOVERNMENT OF A.P. AND ORS.

2002 INSC 442Dismissed

The Andhra Pradesh Government entered into long‑term supply agreements with paper mills and fixed royalty rates for forest produce, initially at fixed amounts and later by a sliding scale based on replacement cost. The mills challenged the increase from Rs.60 to Rs.210 per tonne and the use of a …

K. PREMA S. RAO AND ANR.versusYADLA SRINIVASA RAO AND ORS.

2002 INSC 443Disposed off

The husband forced his wife to relinquish land given as stridhana, concealed her family’s mail, and, together with his parents, drove her out of the matrimonial home, leading her to commit suicide. The trial court convicted the husband under Section 498A IPC for cruelty and acquitted all accused of …

SALEM ADVOCATE BAR ASSOCIATION, TAMIL NADUversusUNION OF INDIA

2002 INSC 444Directions issued

The Salem Advocate Bar Association filed writ petitions under Article 32 challenging the 1999 and 2002 amendments to the Code of Civil Procedure, 1908. While the Constitutionality of the amendments was not contested, the petitioner sought clarification on their practical implementation. The Court …

THE TATA IRON & STEEL CO. LTD.versusCOLLECTOR OF CENTRAL EXCISE, JAMSHEDPUR

2002 INSC 438Appeal(s) allowed

The Tata Iron & Steel Co. Ltd. and other steel manufacturers were required by the Joint Plant Committee (JPC) and Steel Priority Committee (SPC) to add certain elements to the ex‑works price of iron and steel for funds such as the Steel Development Fund. The Central Excise Department contended that …

M/S. ESCORTS JCB LTD.versusCOMMISSIONER OF CENTRAL EXCISE, DELHI-II

2002 INSC 439

Escorts JCB Ltd., a manufacturer of excavators, sold its goods on an ex‑works basis at its Ballabgarh factory, handing over possession to the buyer's carrier. The Central Excise authorities, after a factory visit, observed that transit‑insurance and freight charges were not included in the declared …

P. TULSI DAS AND ORS.versusGOVERNMENT OF A.P. AND ORS.

2002 INSC 441Case Partly allowed

The appellants, untrained graduate teachers appointed in Science, Mathematics and Humanities, had been granted pay parity with trained teachers by various Government orders, High Court judgments and Administrative Tribunal awards. To alleviate the financial burden, the State enacted the Andhra …

HUKAM CHANDversusSTATE OF HARYANA

2002 INSC 434Dismissed

The dispute arose when Hukam Chand's brother Udai Chand and his sibling went to a wheat‑threshing field and a quarrel broke out over a khes. Hukam Chand arrived armed with a pharsa (a deadly weapon) and struck Udai Chand on the head, causing fatal injuries; other parties also inflicted blows with …

CEMENTO CORPORATION LTD.versusCOLLECTOR CENTRAL EXCISE

2002 INSC 435Appeal(s) allowed

Cemento Corporation Ltd manufactured a lime‑pozzolana mixture called Lympo from 1982 and claimed it was a cement substitute, seeking classification under the residuary Tariff Item 68 of the Central Excises and Salt Act, 1944, which would exempt it from excise duty. The Collector of Central Excise …

UNION OF INDIA AND ORS.versusSHAH GOVERDHAN L. KABRA TEACHERS COLLEGE

2002 INSC 436Appeal(s) allowed

A private college offering a B.Ed. vacation course applied for recognition under the National Council for Teacher Education (NCTE) Act, 1993, but the application was rejected and the course was de‑recognised. The college challenged the de‑recognition and the constitutional validity of Section 17(4) …

ALLA CHINA APPARAO AND ORS.versusSTATE OF ANDHRA PRADESH

2002 INSC 432Dismissed

The appellants, six convicted accused, appealed against their life sentences for murder under Sections 302, 149, 148 and 506 IPC, arguing that the prosecution's case relied on partisan eyewitnesses, lacked independent witnesses, showed no dragging injuries, and suffered an alleged delay in …

GANGADHAR BEHERA AND ORS.versusSTATE OF ORISSA

2002 INSC 433Dismissed

The case arose from a violent clash over the construction of a shed that resulted in the death of a man. The prosecution alleged that a group of accused formed an unlawful assembly, assaulted the victims and caused the murder. The trial court convicted fifteen accused under Sections 302, 148, 149 …

RAM EKBAK MISSIRversusRAM NIWASH PANDEY@ SRI NIWASH PANDEY AND ORS.

2002 INSC 430Leave granted

An FIR under Section 302 IPC was lodged in 1979, but the case was not listed before the magistrate for over ten years due to administrative lapses. The accused filed a writ petition seeking quashal of the prosecution, relying on the A.R. Antulay v. R.S. Nayak decision that prolonged delay could …

JUSTICE K.P. MOHAPATRAversusSRI RAM CHANDRA NAYAK AND ORS.

2002 INSC 431Appeal(s) allowed

The Supreme Court examined the meaning of "consultation" under Section 3(1) of the Orissa Lokpal and Lokayuktas Act, 1995, which requires the Governor to appoint a Lokpal after consulting the Chief Justice of the Orissa High Court and, if any, the Leader of the Opposition. The Chief Minister had …

RAJESHEKAR BASAVARAJ PATILversusSUBASH KALLUR AND ORS.

2002 INSC 429Appeal(s) allowed

The appellant challenged the election of Subash Kallur, alleging that he was disqualified under Section 9A of the Representation of People Act, 1951 because a contract with the Karnataka Irrigation Department subsisted on the date of election (5 September 1999). Kallur contended that he had …

SARWAN SINGHversusSTATE OF PUNJAB

2002 INSC 428Dismissed

The appellant, Sarwan Singh, was convicted by a Designated Court under Sections 302, 307, 34 of the IPC and Section 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 for the murder of Piara Singh. He appealed, claiming false implication, lack of independent witnesses, absence of a …

STATE OF PUNJAB AND ANR.versusRAJESH SYAL

2002 INSC 427Leave granted

The State of Punjab prosecuted Rajesh Syal, former director of Golden Forest (India) Ltd, for fraudulently collecting public money and failing to return it, leading to multiple criminal cases in different courts under IPC sections 406, 420, 468, 471, 1208 and Punjab Reforms Act s.7(2). Syal filed …

SEKAR @ RAJA SEKHARANversusSTATE REP. BY INSPECTOR OF POLICE, T. NADU

2002 INSC 422Case Partly allowed

The appellant, Sekar, and others untied a sheep that the deceased, Palaniswamy, had impounded, leading to a heated exchange. Sekar struck the deceased, who fell, and then delivered a further blow to the neck that caused his death. Sekar pleaded that the blows were in exercise of his right of private …

NARAYANASWAMY RAVISHANKARversusASSTT DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE

2002 INSC 421Dismissed

The appellant was found with 5,940 grams of heroin concealed in a suitcase at Chennai International Airport while attempting to transport it to Singapore. The trial court acquitted him on the ground that mandatory provisions of Sections 42 and 50 of the NDPS Act were not complied with, but the High …

BHARATBHAI @ JIMI PREMCHANDBHAIversusSTATE OF GUJARAT

2002 INSC 423Appeal(s) allowed

The Supreme Court examined appeals by several accused convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA) for murder and related offences. Their convictions were based primarily on confessional statements recorded by a Superintendent of Police under Section 15 of TADA, …

BASANT SINGH AND ANR.versusROMAN CATHOLIC MISSION

2002 INSC 424Leave granted

The landlord (respondent) sued the tenants Basant Singh and others (appellants). The trial court issued summons by ordinary process and by registered post, but receiving no service report it ordered fresh summons and substituted service by publishing notice in the newspaper "Dainik Bhaskar". The …

N. ADITHAYANversusTHE TRAVANCORE DEVASWOM BOARD AND ORS.

2002 INSC 425Dismissed

The appellant, a Malayala Brahmin, challenged the appointment of a non‑Brahmin as Santikaran (priest) of a Shiva temple administered by the Travancore Devaswom Board, claiming that the temple’s custom required a Brahmin priest and that the appointment violated his constitutional rights under …

JAIPALversusSTATE OF HARYANA

2002 INSC 420Appeal(s) allowed

The appellant Jaipal was convicted by the trial court and the Punjab & Haryana High Court for murdering his wife Prakash Devi by allegedly administering aluminium phosphide (celphos) based on circumstantial evidence. The prosecution relied on the testimony of the sister‑in‑law, the victim's father, …

K. PRABHAKARANversusP. JAYARAJAN

2002 INSC 415Matter referred to larger bench

The appellant K. Prabhakaran challenged the election of P. Jayarajan, who had been convicted of several offences and sentenced to 29 months of imprisonment, on the ground of disqualification under Section 8 of the Representation of the People Act, 1951. The trial court had ordered the sentences to …

SHAMIM ARAversusSTATE OF U.P. AND ANR.

2002 INSC 416Appeal(s) allowed

Shamim Ara, a Muslim wife, filed an application under Section 125 of the Criminal Procedure Code seeking maintenance on grounds of desertion and cruelty. The husband, Respondent No.2, denied the claim and in his written statement asserted that he had divorced her on 11 July 1987, relying on the …

NANDU RASTOGI @ NANDJI RASTOGI AND ANR.versusSTATE OF BIHAR

2002 INSC 417Dismissed

The brothers Nandu Rastogi and Bal Mukund Rastogi, together with Jagdish Chamar and two unknown persons, were convicted for the murder of Shankar Rastogi, the son of informant Shyam Mohan Rastogi, over a property‑eviction dispute. The prosecution proved that the accused entered the informant’s shop …

SUNDERBHAI AMBALAL DESAIversusSTATE OF GUJARAT

2002 INSC 418

The Supreme Court considered two special leave petitions filed by police inspectors seeking directions on the custody and disposal of seized property such as valuable articles, vehicles, liquor and narcotic drugs. The petitioners argued that the prosecution could not seek remand of accused for …

MOHAN SINGHversusPREM SINGH AND ANR.

2002 INSC 419Dismissed

The case concerned the murder of Ravinder Singh, alleged to have been committed by Prem Singh and Deepinder Singh in a dispute over land. The trial court convicted both under Section 302 IPC, relying on eyewitness testimony, an extra‑judicial confession and alleged weapon recoveries. The High Court …

RABINDRA NATH GHOSALversusUNIVERSITY OF CALCUTTA AND ORS.

2002 INSC 413Dismissed

Rabindra Nath Ghosal appeared for an M.A. examination in 1984 but his result was not declared for several years. He later pursued another course, wrote to the University, and filed a writ petition for mandamus to compel publication of his result, which was eventually declared (he had failed). A …

NIRMALA ANANDversusADVENT CORPORATION (P) LTD. AND ORS.

2002 INSC 414Appeal(s) allowed

The appellant, Nirmala Anand, entered into a 1966 agreement to purchase a flat for Rs.60,000, paying Rs.35,000 before the seller's lease was cancelled, leaving the building incomplete. She sued for specific performance, but the High Court denied it and awarded damages; the Division Bench affirmed. …

UNION OF INDIA AND ORS.versusONKAR S. KANWAR AND ORS.

2002 INSC 411Disposed off

The Central Excise Commissioners issued show‑cause notices to Apollo Tyres Ltd. and its directors/officers for alleged duty evasion and imposed penalties. Both the company and the officers appealed before the Customs, Excise and Gold (Control) Appellate Tribunal, and while the appeals were pending, …

NUTAN KUMAR AND ORS.versusIIND ADDITIONAL DISTRICT JUDGE AND ORS.

2002 INSC 412Disposed off

The appellant landlord filed an ejectment suit under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for non‑payment of rent. The trial court dismissed the suit, holding that the lease was entered into in contravention of the Act and therefore void. The …

SHRIKANT ANANDRAO BHOSALEversusSTATE OF MAHARASHTRA

2002 INSC 409Appeal(s) allowed

ShriKant Anandrao Bhosale, a police constable, was convicted of murdering his wife by striking her with a grinding stone during a quarrel and sentenced to life imprisonment. He appealed, claiming he was suffering from paranoid schizophrenia at the time of the offence and thus entitled to the benefit …

BACHHITAR SINGH & ANRversusSTATE OF PUNJAB

2002 INSC 410Disposed off

The case involves the murder of eight members of two families in Punjab over a land dispute, for which Bachhitar Singh and two co‑accused were convicted under IPC sections 302, 460 and the Arms Act. The sole eye‑witness, Joginder Singh (PW‑3), testified that he saw the accused entering the victims' …

NAGPUR IMPROVEMENT TRUSTversusVASANTRAO AND ORS.

2002 INSC 408Dismissed

The Supreme Court examined whether the provisions of the Land Acquisition Act, 1894 (especially sections 6, 23(1‑A), 23(2) and 28) were incorporated into three State Acts – the Punjab Town Improvement Act, the Nagpur Improvement Trust Act and the Uttar Pradesh Awas Evam Vikas Parishad Act – or …

SHAFALI NANDWANIversusSTATE OF HARYANA

2002 INSC 407Appeal(s) allowed

The Supreme Court examined a dispute over the allocation of a vacant M.D. (Medicine) seat at PGIMS, Rohtak. Both the appellant, Shafali Nandwani, and Respondent No.4 had qualified in the 2000 entrance exam, with the respondent ranking higher. After two rounds of counselling, a seat became vacant …

COLLECTOR OF CENTRAL EXCISE, BOMBAYversusMAHARASHTRA FUR FABRICS LIMITED

2002 INSC 405Appeal(s) allowed

The Collector of Central Excise appealed against the Tribunal’s order granting Maharashtra Fur Fabrics Ltd. exemption from excise duty under Notification 109/1986 as amended. The company manufactures high‑fur fabrics (heading 60.01) and dries them by passing the fabric through a hot‑air stenter. The …

INDIAN RLY. CLASS II OFFICERS FEDN. AND ANR.versusANIL KUMAR SANG HI AND ORS.

2002 INSC 403Dismissed

The Ministry of Railways created 76 additional Group A junior posts to absorb stagnating Group B (Class II) officers and appointed 127 such officers, invoking Rule 4(b) of the recruitment rules which allows the promotion quota to be varied. Group A officers challenged the appointments, arguing that …

GOVT. OF ANDHRA PRADESH AND ORS. ETC. ETC.versusP. VENKU REDDY

2002 INSC 404Appeal(s) allowed

The Government of Andhra Pradesh and a District Co-operative Central Bank appealed a High Court order that had quashed a criminal case against P. Venku Reddy for alleged acceptance of a bribe under the Prevention of Corruption Act, 1988. The High Court had held that Reddy was not a "public servant" …

URBAN IMPROVEMENT TRUST, UDAIPURversusBHERU LAL AND ORS.

2002 INSC 402Disposed off

The Urban Improvement Trust, Udaipur sought to acquire land for a housing scheme under the Rajasthan Urban Development Act. The State of Rajasthan issued a notification under Section 4(1) of the Land Acquisition Act, 1894, first published in newspapers in 1990 and later in the official gazette on 4 …

DILA AND ANR.versusSTATE OF UP

2002 INSC 401Dismissed

The case arose from a land dispute in which Dila (appellant No.1) and his son Telu (appellant No.2) allegedly attacked Om Pal, who had purchased the contested land, and Telu shot Om Pal, causing his death. The trial court acquitted all accused, but the Allahabad High Court reversed the acquittal of …

STANDARD PENCILS (P) LTD. ETC. ETC.versusCOLLECTOR OF CENTRAL EXCISE, MADRAS

2002 INSC 400Appeal(s) allowed

Standard Pencils Ltd., a manufacturer of Kum‑Kum pencils, sought exemption from excise duty under Notification 235/1986‑CE, which exempts goods described as "Kum‑Kum" under sub‑heading 3307.90 of the Central Excise Tariff Act, 1985. The Assistant Collector and the Collector (Appeals) classified the …

AVTAR SINGH AND ORSversusSTATE OF PUNJAB

2002 INSC 396Appeal(s) allowed

The appellants were apprehended in a truck carrying 640 kg of poppy husk at an odd hour; two were sitting on the bags and one was driving. They were convicted under Section 15 of the NDPS Act on the basis of presumptions of possession under Sections 54 and 35 of the Act, without any direct evidence …

STATE OF PUNJAB AND ORS.versusNIHAL SINGH

2002 INSC 397Disposed off

Nihal Singh, a life convict under Section 302 IPC, filed a writ petition in the Punjab & Haryana High Court seeking classification as a Class‑B prisoner under para 576‑A of the Punjab Jail Manual, which provides facilities based on classification. The Single Judge declared the classification scheme …

COLLECTOR OF CENTRAL EXCISE, AHMEDABADversusL.T.E.C. (P) LTD., BOMBAY

2002 INSC 398Appeal(s) allowed

The assessee, I.T.E.C. (P) Ltd., sold projectors to Mis. International Talkie Equipment Co. Pvt. Ltd. and claimed exemption under Notification 71178. The Revenue issued a notice under Section 4(4)(c) of the Central Excise Act, alleging Mis. International was a "related person" and demanded excise …

S. SHANMUGAVEL NADARversusSTATE OF TAMIL NADU AND ANR.

2002 INSC 399Appeal(s) allowed

The Supreme Court examined whether the Division Bench decision of the Madras High Court in M. Varadaraja Pillai's case merged into the Supreme Court's order of 10 September 1986, which dismissed appeals on the ground of non‑joinder of the State as a necessary party. The Court held that the Supreme …

M/S. BHUPINDRA STEELS (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE

2002 INSC 390Dismissed

Bhupindra Steels Ltd, a manufacturer of ingots, claimed exemption from excise duty under Notification No. 208/83, asserting that the "ends of M.S. Flats" used as inputs fell within sub‑item 8 of the notification. The Central Excise authorities rejected the claim; the Collector (Appeals) allowed it, …

STATE OF KARNATAKAversusDAVID RAZARIO AND ANR.

2002 INSC 391Appeal(s) allowed

An octogenarian woman was robbed and murdered in Bangalore. The prosecution proved that the accused, David Razario and Christopher David, had pawned a tape recorder belonging to the victim and later sold it, and that the weapon used in the assault bore the victim's blood group. The trial court …

RULI RAM AND ANR.versusSTATE OF HARYANA

2002 INSC 392Appeal(s) allowed

The case concerned the killing of two children during a panchayat election in Haryana, allegedly by the accused Ruli Ram and his son Ramesh as retaliation for the victims' family refusing to vote for their candidate. The trial court convicted them under Section 304 Part‑II IPC and sentenced them to …

SRI S.K. SARMAversusMAHESH KUMAR VERMA

2002 INSC 393Appeal(s) allowed

Mahesh Kumar Verma, a former railway employee, was allotted official accommodation while in service but failed to vacate after his retirement in 1984. The railway administration invoked Section 138 of the Indian Railways Act, 1890 to recover possession, but the Calcutta High Court set aside the …

M/S. M. SUBBARAO AND SONSversusYASHODAMMA AND ORS

2002 INSC 394Dismissed

The tenants (Mis. M. Subbarao & Sons) were ordered to vacate non‑residential premises under the Karnataka Rent Control Act, 1961. The Karnataka Rent Control Act, 1999 came into force on 31‑12‑2001, repealing the 1961 Act and containing a savings provision (Section 70). The tenants argued that, …

NATIONAL INSURANCE CO. LTD., CHANDIGARHversusNICOLLETTA ROHTAGI AND ORS.

2002 INSC 389Disposed off

The Supreme Court examined whether a motor insurer can appeal a Motor Accidents Claims Tribunal award under Section 173 of the Motor Vehicles Act, 1988 when the insured has not filed an appeal. It held that an insurer’s right of appeal is limited to the statutory defences listed in Section 149(2) …

UNION OF INDIA AND ORS.versusSONIC ELECTROCHEM (P) LTD. AND ANR.

2002 INSC 395Dismissed

The Supreme Court heard appeals by the Union of India against the Madhya Pradesh High Court’s order quashing excise duty notices served on Sonic Electrochem Ltd. for the plastic body of its electro‑mosquito repellent (EMR) and a "fragrant mat". The issues were whether the plastic body constituted …

MOHD. HOSHAN, A.P. AND ANR.versusSTATE OF A.P.

2002 INSC 388Disposed off

The deceased Razwana Parveen, aged 18, married appellant No.1 and was allegedly subjected to continuous mental cruelty and dowry demands by her husband and his mother, leading her to self‑immolate. The trial court acquitted the accused of Sections 304‑B, 306 and 498‑A IPC, doubting the dying …

DANA YADAV @ DAHU & ORS.versusSTATE OF BIHAR

2002 INSC 383Disposed off

The Supreme Court examined the convictions of seven accused in a murder case arising from a Naxalite attack in 1983. The key issue was whether identification of an accused for the first time in court, without a prior test identification parade or corroboration, could support a conviction, especially …

C.V. RAJENDRAN AND ANR.versusN.M. MUHAMMED KUNHI

2002 INSC 384Dismissed

The tenants (appellants) challenged a second eviction petition filed by the landlord (respondent) under Section 15(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, claiming the landlord’s bona‑fide requirement for his son. An earlier appellate authority had held that the second …

RATTAN DEVversusPASAM DEVI

2002 INSC 385Appeal(s) allowed

Rattan Dev filed a suit for a permanent injunction which was decreed by the trial court. The defendant appealed and the first appellate court reversed the decree, dismissing the suit on the ground that the plaintiff did not appear as a witness and an adverse inference was drawn. Rattan Dev filed a …

SAMPATH KUMARversusAYYAKANNU AND ANR.

2002 INSC 386Appeal(s) allowed

The plaintiff filed a suit in 1988 for a permanent injunction over agricultural land. In 1999, before trial commenced, he sought to amend the plaint under Order VI Rule 17 of the CPC to add relief for declaration of title and recovery of possession, alleging dispossession by the defendant in 1989. …

RITA LALversusRAJ KUMAR SINGH

2002 INSC 387Appeal(s) allowed

The appellant, a widow who had undergone a kidney transplant, filed an eviction petition under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, alleging that the respondent, her employee, occupied the premises as a tenant and was in arrears. The respondent sought leave …

MS. ARUNA ROY AND OTHERSversusUNION OF INDIA AND OTHERS

2002 INSC 380Dismissed

The Supreme Court dismissed a public‑interest writ petition challenging the National Curriculum Framework for School Education (NCFSE) 2000 on the grounds that it was framed without consulting the Central Advisory Board of Education (CABE) and that it violated secularism and Article 28. The Court …

UNION OF INDIAversusHANSOLI DEVI & ORS.

2002 INSC 379Reference answered

The Supreme Court examined the scope of Section 28‑A of the Land Acquisition Act, 1894, which allows a fresh application for re‑determination of compensation. It considered whether a dismissal of an application under Section 18 on the ground of delay amounts to "not filing an application" within the …

GURPREET SINGHversusSTATE OF HARYANA

2002 INSC 382Dismissed

Gurpreet Singh, an ex‑Air Force officer, was charged with murdering his wife Kalpna by setting her on fire. There was no eye‑witness; the prosecution relied on circumstantial evidence including a strained marital relationship, a pending divorce with a monetary settlement, prior instances of domestic …

K.G. PREMSHANKERversusINSPECTOR OF POLICE AND ANR.

2002 INSC 381Dismissed

The appellant, K.G. Premshanker, sought to quash criminal prosecution on the ground that a civil suit for damages against him had been dismissed, and he argued that the civil judgment should prevail over the criminal case. The High Court rejected this plea and the matter reached the Supreme Court. …