Created by Fuzzy Cloud

Judgments of 2002

578 judgments · newest first · showing 201–400

MEDICAL COUNCIL OF INDIAversusMADHU SINGH AND ORS.

2002 INSC 376Appeal(s) allowed

The State Board conducted a combined entrance exam for MBBS and BDS seats for the 1997‑98 session. Respondent No. I, not selected for MBBS, opted for BDS and was admitted. After some MBBS seats became vacant, petitioners sought mid‑stream admission to those seats; the Patna High Court directed the …

RANJIT SINGH @ JITA AND ORS.versusSTATE OF PUNJAB

2002 INSC 377Appeal(s) allowed

The appellants were convicted by a Designated Court for offences under the IPC, TADA and the Arms Act based largely on two police witnesses and confessional statements recorded under Section 15 of the TADA Act after a half‑hour "cooling period". Independent village witnesses were hostile and did not …

JAYANTIBHAI BHENKARBHAIversusSTATE OF GUJARAT

2002 INSC 378Appeal(s) allowed

Nine persons were charged with murder and related offences arising from a 1989 assault in Singpur, Gujarat. The appellant, Jayantibhai Bhenkarbhai, claimed an alibi, asserting he was in Ahmedabad and Gandhinagar attending legal proceedings on the day of the incident. The trial and High Courts …

M/S. KANTHI ENTERPRISES & ORS.versusSTATE OF KARNATAKA & ORS.

2002 INSC 372Dismissed

The appellants, dealers under the Karnataka Sales Tax Act, challenged the retrospective operation of an Explanation inserted in 1996 to the first proviso of Section 5(1‑A), arguing that it imposed a new tax burden they could not pass on to consumers and was therefore unreasonable and arbitrary. The …

TALUK LAND BOARD AND ORS.versusCYRIAC THOMAS AND ORS.

2002 INSC 373Dismissed

The Supreme Court examined an appeal by the Taluk Land Board against a Kerala High Court order that accepted sale deeds executed by the sisters of Cyriac Thomas, the declarant. The central question was whether the sisters, as daughters of the deceased Elanjikkal Cyriac, possessed a legal share in …

SODANI CEMENT AND CHEMICALS (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE, JAIPUR

2002 INSC 374Appeal(s) allowed

Sodani Cement and Chemicals (P) Ltd., a small‑scale industry (SSI) manufacturing ordinary Portland cement, sought the benefit of Notification No. 23/1989‑CE which exempts cement produced in a vertical shaft kiln with a licensed capacity not exceeding 200 tonnes per day from the normal excise duty of …

COLLECTOR OF CENTRAL EXCISE, NEW DELHIversusHINDUSTAN SANITARYWARE & INDUSTRIES

2002 INSC 375Dismissed

The dispute centered on whether plaster of paris used to make moulds for sanitaryware qualifies as an "input" eligible for exemption under Notification No. 217/86, as amended by Notification No. 82/87, under the Central Excise Rules. Hindustan Sanitaryware & Industries, the respondent, claimed the …

ASHISH BATHAMversusSTATE OF MADHYA PRADESH

2002 INSC 369Appeal(s) allowed

The appellant was convicted of murdering two sisters and committing house trespass under Sections 302 and 449 IPC based largely on circumstantial evidence, including alleged motive, sightings, and recovered items. He appealed, contending that the prosecution had not proved a continuous chain of …

SHIVA SHANKAR PANDEY & ORS.versusSTATE OF BIHAR

2002 INSC 370Disposed off

The case concerned the murder of Mangalanand Pandey in Bihar, for which eight persons were charged. Dinesh Pandey, who fired the fatal shots, was convicted under Sections 302, 341 IPC and the Arms Act. The remaining accused were convicted under Section 302 read with Sections 149 and 341 IPC. On …

PADMAversusHIRALAL MOTILAL DESARDA & ORS.

2002 INSC 371Disposed off

The Supreme Court examined a public‑interest writ filed by Padma challenging CIDCO's bulk sale of developable land in Aurangabad. The High Court had held that the allotments to several private entities were made without Board approval, at prices below the reserve price, and in violation of Section …

M/S. POLYFLEX (INDIA) PVT. LTD.versusCOMMISSIONER OF INCOME TAX, KARNATAKA

2002 INSC 367Dismissed

M/s. Polyflex (India) Pvt. Ltd. paid excise duty in 1986, later obtained a refund in 1988 after the levy was held unconstitutional. The refund amount was brought to tax for AY 1989-90 under Section 41(1) of the Income Tax Act, 1961. The assessee argued that the provision did not apply because the …

BALU SONBA SHINDEversusSTATE OF MAHARASHTRA

2002 INSC 368Appeal(s) allowed

Balu Sonba Shinde was convicted of murdering his brother Shankar based primarily on the testimony of a single material witness (PW‑4) and circumstantial evidence, while the complainant (PW‑5) was declared hostile. The Supreme Court examined whether the chain of circumstantial evidence was complete …

STATE OF KARNATAKAversusM.N. RAMDAS

2002 INSC 366Appeal(s) allowed

The State of Karnataka prosecuted M.N. Ramdas for the murder of his companion Ananthu in a lodge in Mysore on 28 June 1988. The accused made an extra‑judicial confession to a lodge counter clerk (PW2), who promptly informed the lodge proprietor’s father (PW3) and the police; the police subsequently …

M/S. GENERAL FINANCE CO. AND ANR.versusASSISTANT COMMISSIONER OF INCOME TAX, PUNJAB

2002 INSC 365Appeal(s) allowed

The appellants, General Finance Co. and another, received deposits in 1985 and were prosecuted in March 1989 under Section 276DD of the Income Tax Act for violating Section 269SS. Section 276DD was omitted from the Act by the Direct Tax Law (Amendment) Act, 1987, effective 1 April 1989. The High …

M.Y. GHORPADEversusSHLVAJI RAO M. POAL AND ORS.

2002 INSC 364Dismissed

The appellant, M.Y. Ghorpade, challenged the Karnataka High Court's order that his election petition was maintainable despite the security for costs of Rs.2,000 being deposited by the respondent's election agent rather than the petitioner himself. The central issue was whether Section 117 of the …

DHARMINDERversusSTATE OF HIMACHAL PRADESH

2002 INSC 359Dismissed

The case arose from a violent incident in which the deceased, Laiq Ram, fired a gun at the accused Durga Nand while trying to rescue his son, after which the accused seized the gun and inflicted fatal injuries on the deceased. The appellants Dharminder and Durga Nand were convicted under Sections …

MOHD. KHALIDversusSTATE OF WEST BENGAL

2002 INSC 358Dismissed

The case arose from a bomb blast in Bow Bazar, Calcutta, which demolished a building, killed 69 people and injured many others. The prosecution alleged that the accused conspired to manufacture and explode bombs to terrorise the public and disrupt communal harmony, charging them under Sections 1208, …

BODH RAJ @ BODHA AND ORS.versusSTATE OF JAMMU AND KASHMIR

2002 INSC 360Dismissed

The accused Bodh Raj and others were charged with murder of a moneylender under IPC sections 302 and 120B, alleging a conspiracy motivated by a large loan. The trial court convicted three of the accused and acquitted six, while the Jammu & Kashmir High Court set aside the acquittals of four and …

TANZEEM-E-SUFIAversusBIBI HALIMAN AND ORS.

2002 INSC 361Appeal(s) allowed

Bibi Haliman obtained a decree for eviction of a property and filed an execution petition for possession. Judgment debtor No.7, claiming the premises belonged to the Sufi Ashram (Tanzeem‑e‑Sufia), resisted delivery. The Ashram filed an application under Order XXI Rule 97 CPC seeking to be heard as a …

UNICHEM LABORATORIES LTD.versusCOLLECTOR OF CENTRAL EXCISE, BOMBAY

2002 INSC 362Appeal(s) allowed

Unichem Laboratories Ltd., a bulk drug manufacturer, filed classification lists on 3 March 1986 before Notification No. 234/86 was issued. After the notification, it obtained a certificate from the Drugs Controller and claimed exemption from excise duty, but the Assistant Collector denied the claim, …

MAHAKOSHAL TOURIST, NAPIER TOWN AND ORS.versusSTATE OF MADHYA PRADESH AND ORS.

2002 INSC 363Dismissed

The appellants, bus operators holding All‑India Tourist permits, challenged the constitutional validity of the Madhya Pradesh Motor Vehicles Tax Act, 1991, alleging that it lacked a mechanism to assess tax liability and grant refunds for vehicles not used in the state. The High Court had dismissed …

LAKSHMI AND ORS.versusSTATE OF U.P.

2002 INSC 357Disposed off

The case involved eight accused who allegedly shot two men, Ratan and Ramesh, and burned their bodies on a funeral pyre in retaliation for the murder of Ishwar Chand. The trial court convicted six of the accused under Sections 302, 149 and 201 of the IPC, while acquitting two; the High Court later …

DELHI ADMINISTRATION (NOW N.C.T. OF DELHI)versusMANOHAR LAL

2002 INSC 356Appeal(s) allowed

The respondent, Manohar Lal, was convicted under the Prevention of Food Adulteration Act, 1954 and sentenced to one year of simple imprisonment plus a fine. The trial court and the First Appellate Court upheld the conviction and sentence, holding that the power to commute under Section 433(d) of the …

SUBRAMANI AND ORS.versusSTATE OF TAMIL NADU

2002 INSC 355Appeal(s) allowed

The appellants, Subramani and four others, were charged with murder, grievous hurt and criminal trespass after a violent clash over a disputed plot of land they had cultivated for over 50 years. The prosecution alleged that the deceased, a purchaser of the land, and his family attempted to plough …

BHIMA @ BHIMARAO SIDA KAMBLE AND ORS.versusSTATE OF MAHARASHTRA

2002 INSC 353Appeal(s) allowed

Twenty-two persons were charged with forming an unlawful assembly with the alleged common object of murdering Vithal, injuring his brother Bhimrao, and damaging property. The trial court convicted most of them under Section 302 read with Section 149 and Section 440 read with Section 149 of the IPC, …

LAXMANversusSTATE OF MAHARASHTRA

2002 INSC 352Directions issued

The appellant was convicted on the basis of the deceased's dying declaration, which was recorded by a judicial magistrate and supported only by a doctor's certificate that the patient was conscious, not that she was of sound mind. The appellant challenged the reliability of the declaration, citing …

ABDUL WAHEED KHAN @ WAHEED AND ORS.versusSTATE OF ANDHRA PRADESH

2002 INSC 354Dismissed

The appellants conspired to rob Hazi Mohd. Yakub and, when he resisted, three of them stabbed him repeatedly with knives, causing his death and stealing cash and drafts. The trial court convicted them of culpable homicide not amounting to murder under Section 304 Part I IPC, but the Andhra Pradesh …

SATISH RAWATversusUNION OF INDIA

2002 INSC 350Appeal(s) allowed

The Customs Department appointed an inspector under the sports quota despite the appellant failing the field test, while a qualified respondent was not selected. The appellant challenged the appointment before the Central Administrative Tribunal, which quashed his appointment and directed a …

STATE THROUGH CBIversusDR. NARAYAN WARMAN NERUKAR AND ANR.

2002 INSC 351Appeal(s) allowed

Dr. Narayan Warman Nerukar was charged under Sections 3 and 5 of the Official Secrets Act, 1923 and Section 120‑B IPC. After a prolonged trial, he invoked Section 482 of the CrPC to have the proceedings quashed on the ground of delay. The Delhi High Court quashed the case, holding that the right to …

SECRETARY TO GOVT., TAMIL NADU AND ORS.versusK. VINAYAGAMURTHY

2002 INSC 349Dismissed

The Tamil Nadu Government, under its excise policy for Indian‑made foreign liquor, allowed existing retail licence holders to renew their licences. In 2002 it issued new orders abolishing renewal and directing a fresh draw of lots for all 7,000 shops, increasing privilege fees and re‑categorising …

T.K. REDDYversusSTATE OF A.P. AND ORS.

2002 INSC 346Appeal(s) allowed

The appellant, T.K. Reddy, was convicted of murdering his wife Ramulamma by allegedly setting her on fire, based primarily on a dying declaration recorded by a magistrate (Exhibit P‑2) that accused him of the act. A second dying declaration recorded by police (Exhibit P‑5) claimed the wife had set …

NILESH NANDKUMAR SHAHversusSIKANDAR AZIZ PATEL

2002 INSC 347Dismissed

The landlord sought eviction of three tenants occupying tenements where each unit comprised a front commercial room and a rear residential room, filing suit under the Transfer of Property Act on the ground that the Bombay Rents, Hotel and Lodging, House Rates Control Act, 1947 (Bombay Act) did not …

K.M. MATHEW ETC.versusK.A. ABRAHAM AND ORS. ETC.

2002 INSC 348Dismissed

Criminal complaints were lodged against the managing editor, chief editor and resident editor of several newspapers alleging publication of defamatory material. The magistrate took cognizance under IPC sections 319 and 500 and issued summons. The accused filed petitions under CrPC s.482 seeking …

GANESH K. GUL VE ETC.versusSTATE OF MAHARASHTRA

2002 INSC 344Dismissed

The case involved a mob of sixty persons who formed an unlawful assembly with the common object of murdering Satwa and his sons. The trial court convicted thirteen accused and acquitted the rest, including Ganesh K. Gulve (accused No.24). The High Court upheld the convictions of eleven accused, …

PRAKASH NARAIN SHARMAversusBURMAH SHELL CO-OP. HOUSING SOCIETY LTD.

2002 INSC 345Disposed off

The appellant claimed entitlement to a plot allotted by the Burmah Shell Co‑op Housing Society under the Delhi Cooperative Societies Act, 1972. The dispute was referred to an arbitrator, but the society challenged the appointment and obtained an interim restraining order from a civil court. The …

NALLABOTHU VENKAIAHversusSTATE OF A.P.

2002 INSC 343Dismissed

The appellant, Nallabothu Venkaiah, was one of sixteen accused who allegedly formed an unlawful assembly, hurled bombs and used axes, knives and spears to kill R. Venkateswarlu on 13 October 1992. The trial court convicted him under Section 302 IPC (simpliciter) and sentenced him to life …

DELHI DEVELOPMENT AUTHORITYversusASHOK KUMAR BEHAL AND ORS.

2002 INSC 342Disposed off

The Delhi Development Authority (DDA) revised the land rates for its 1979 Registration Scheme on New Pattern in 1990, leading to higher flat prices. Several allottees filed writ petitions challenging the revision as arbitrary and illegal, resulting in conflicting judgments from two Division Benches …

HARDEEPversusSTATE OF HARYANA AND ANR.

2002 INSC 338Appeal(s) allowed

Hardeep and his father Maha Singh were charged with the murder of Rajinder Singh. The trial court convicted Hardeep under IPC 304 Part I and acquitted Maha Singh, while the High Court upheld Hardeep's conviction, upgraded it to IPC 302, and retained the father's acquittal. On appeal, the Supreme …

SHER BAHADURversusUNION OF INDIA AND ORS.

2002 INSC 339Appeal(s) allowed

The appellant, a former casual labourer who was later given temporary status as a khalasi in the Indian Railways, was charged with fraudulently obtaining his appointment letter and was dismissed after a disciplinary enquiry. The enquiry report relied on the order of his appointment as documentary …

HARJIT SINGH AND ORS.versusSTATE OF PUNJAB

2002 INSC 341Disposed off

Six accused were charged with murder, attempted murder and other offences arising from a land‑dispute clash in Chhichrewal, Punjab. The trial court convicted all of them under Sections 302, 307, 323, 324, 326 IPC read with Sections 148 and 149, while the High Court set aside the convictions of …

RAMILABEN HASMUKHBHAI KHRISTI AND ANR. ETC.versusSTATE OF GUJARAT

2002 INSC 336Appeal(s) allowed

The victim, Pragnesh Kumar, died from severe burns after allegedly being attacked by a group of accused. Four dying declarations were recorded by a medical officer, a police sub‑inspector and two executive magistrates, none of which were accompanied by a medical certificate confirming the victim's …

MUNUSWAMY AND ORS.versusSTATE OF TAMIL NADU

2002 INSC 337Dismissed

The appellants—Munuswamy and his sons Kujlaresan and Selvam—conspired to kill the deceased, Adhimoolam, by waiting at a roadside, chasing him, overpowering him, and stabbing him with a pen‑knife on the father's order. The deceased died from injuries to vital organs. All three were convicted under …

BINDESHWARI PRASAD SINGHversusSTATE OF BIHAR

2002 INSC 332Appeal(s) allowed

The appellants were acquitted by a Sessions Court of murder charges under Sections 302 and 302/114 IPC. The State's appeal against the acquittal was dismissed by the High Court on a limitation ground, after which the informant filed a criminal revision under Section 401 of the CrPC. The High Court …

MAHADEO SAHNI AND ORS.versusSTATE OF BIHAR

2002 INSC 333Dismissed

The appellants were part of an unlawful assembly that assaulted two men with various weapons, causing their deaths. The trial court, based on eyewitness and medical testimony, convicted all accused of murder under Section 302 read with Section 149 IPC, and also under Sections 148 and 147 IPC for …

M/S. LAKSHMI PRECISION SCREWS LTD.versusRAM BAHAGAT

2002 INSC 334Dismissed

Lakshmi Precision Screws Ltd. terminated the employment of Ram Bahagat under Clause 9(f)(ii) of its Certified Standing Orders after he was absent for ten days without leave. The company sent a notice on 17 October 1990 asking him to report within 48 hours, warning that failure would be deemed …

PREM SURANAversusADDL. MUNSIF AND JUDICIAL MAGISTRATE AND ANR.

2002 INSC 335Dismissed

Advocate Prem Surana, who was also an accused in a criminal case, entered the Jaipur District Court and, after his application for exemption from appearance was rejected and a non‑bailable warrant issued, verbally abused and slapped the presiding Judicial Magistrate in open court. The District Judge …

TARUN BORA @ ALOKA HAZARIKAversusSTATE OF ASSAM

2002 INSC 329

The appellant, Tarun Bora (alias Aloka Hazarika), was convicted under Section 365 of the Indian Penal Code for kidnapping and under Sections 3(1) and 3(5) of the Terrorist and Disruptive Activities (Prevention) Act (TADA) for alleged terrorist conduct. The offence occurred on 18 August 1991, whereas …

DR. J.J. MERCHANT AND ORS.versusSHRINATH CHATURVEDI

2002 INSC 330Disposed off

The doctors filed a petition before the National Consumer Disputes Redressal Commission (NCDRC) alleging that a complaint of medical negligence against them should be dismissed or stayed, arguing that the case involved complicated questions of law and fact and that a nine‑year delay in disposal …

I.C.D.S LTD.versusBEENA SHABEER AND ANR.

2002 INSC 331Appeal(s) allowed

The husband entered into a hire‑purchase agreement with I.C.D.S. Ltd., and his wife stood as guarantor, issuing a cheque for part payment. The cheque was returned unpaid and the appellant served a statutory notice under Section 138 of the Negotiable Instruments Act, 1881, thereafter filing a …

M/S HIRA LALL AND SONS AND ORS.versusM/S. LAKSHMI COMMERCIAL BANK

2002 INSC 327Dismissed

The petitioners, importers, had obtained a Letter of Credit from the respondent bank for a consignment that later sank at sea. The bank, after rejecting the petitioners' documents as discrepant, sued them for recovery of the amount, and the suit was transferred to a Debt Recovery Tribunal under the …

DHRUV GREEN FIELD LTD.versusHUKAM SINGH AND ORS.

2002 INSC 328Appeal(s) allowed

The respondents filed a suit in a civil court challenging the validity of a ten‑year lease of village common land granted by the Gram Panchayat and the legality of the auction. The trial court dismissed the suit on the ground that Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961, …

DHUPA CHAMAR AND ORS.versusSTATE OF BIHAR

2002 INSC 325Case Partly allowed

The case involved seven accused who, armed with deadly weapons, attacked the family of an informant, resulting in the death of Ram Patia Devi and the informant's son. The Supreme Court examined whether a single blow causing a fatal injury satisfied Clause thirdly of Section 300 of the IPC, …

STATE OF PUNJABversusGURMEJ SINGH

2002 INSC 326Dismissed

Gurmej Singh brutally assaulted his brother Jagjit Singh, his brother's wife and son, resulting in three deaths and injuries to three others. The trial court sentenced him to death on three counts of murder under IPC s.302, along with fines and other imprisonment terms. The Punjab High Court …

VIKASversusSTA TE OF RAJAS THAN

2002 INSC 324Dismissed

The appellant Vikas, his parents and sisters were charged with dowry harassment, torture and murder of Vikas's wife Neeta. The prosecution alleged that Neeta was taken from a relative's house on a motorbike, later found dead in a river, and that ornaments worn by her were recovered from Vikas's …

BABU RAM AND ANR.versusSTATE OF U.P. AND ORS.

2002 INSC 319Case Partly allowed

The Supreme Court examined two criminal appeals arising from a 1980 incident in which a dispute over tubewell irrigation led to a lathi assault followed by simultaneous gunshots that killed the victim, Mangali. The Court held that the two accused who fired the guns (Ram Swarup and Raja Ram) shared a …

HARIJANA THIRUPALA AND ORS.versusPUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD

2002 INSC 320Appeal(s) allowed

The appellants were charged with murder of a man who refused to sell his property. The trial court acquitted them, finding that the prosecution failed to prove motive, that the eyewitnesses were unreliable and that there was no evidence of common intention. The High Court reversed the acquittal, …

TORAN SINGHversusSTATE OF MADHYA PRADESH

2002 INSC 321Appeal(s) allowed

The appellant was convicted for murder under Section 302 IPC based on the testimony of the deceased's son, who claimed the appellant killed his father with an axe over a marital dispute. The trial court and the Madhya Pradesh High Court upheld the conviction despite serious inconsistencies, lack of …

PRITAM NATH AND ORS.versusSTATE OF PUNJAB

2002 INSC 322Appeal(s) allowed

The appellants were charged with murder under Sections 302 and 34 of the IPC for allegedly tying a woman to a tree and beating her with heated weapons. The Sessions Court acquitted them, finding the sole eye‑witness, the husband of the deceased, unreliable due to contradictions, omissions and lack …

DHARMESH @ NANU NITINBHAI SHAHversusSTATE OF GUJARAT

2002 INSC 323Dismissed

Dharmesh @ Nanu Nitinbhai Shah was charged under several IPC and Arms Act offences and a charge‑sheet was filed before a Metropolitan Magistrate who committed the case to the Sessions Court without producing the sanction order required under Section 196 of the CrPC. The petitioner sought discharge …

DHANANJAY SHANKER SHETTYversusSTATE OF MAHARASHTRA

2002 INSC 317Appeal(s) allowed

The appellant Dhananjay Shanker Shetty was convicted under Section 302 read with Section 34 of the IPC for the murder of Uday Patole. The prosecution relied on police constables who claimed to have seen the accused and his companions fleeing with weapons and on a telephonic message to the police …

KUSUM LATAversusSTATE OF HARYANA AND ORS.

2002 INSC 318Appeal(s) allowed

Kusum Lata applied for admission to a Diploma in Education in Haryana and qualified the entrance test. The authorities later denied her admission, claiming she did not achieve the required 50% aggregate in her CBSE 10+2 results because the aggregate was calculated over six subjects, including an …

KALPANA MAZUMDARversusSTA TE OF ORI SSA

2002 INSC 313Disposed off

The accused Subash Chandra Panda, Kunja Ramana, Narayan Mazumdar and Kalpana Mazumdar were convicted for kidnapping and murdering a four‑year‑old boy allegedly as a human sacrifice. The prosecution’s case rested mainly on the testimony of PW‑14, an employee of Panda, who claimed to have witnessed …

HARSHENDRA CHOUBISA AND ORS.versusSTATE OF RAJASTHAN AND ORS.

2002 INSC 314Disposed off

The Rajasthan Panchayati Raj Rules, 1996 (Rule 273) allowed a 10% bonus for state residents, another 10% for district residents and 5% for rural‑area residents in the merit list for Gram Sewak and Panchayat Secretary posts. Writ petitions challenged this as violative of Articles 14 and 16 of the …

KAILASH CHAND SHARMA ETC. ETC.versusSTATE OF RAJASTHAN AND ORS.

2002 INSC 315Disposed off

The Supreme Court examined a 1998 circular issued under the Rajasthan Panchayati Raj Rules that granted 10% bonus marks to district residents and 5% to rural‑area residents in the selection of primary‑school teachers. Unsuccessful candidates challenged the circular, arguing it violated Articles 14 …

KANHAIYA LAL AGRAWALversusUNION OF INDIA

2002 INSC 311Appeal(s) allowed

The Railway invited tenders for supplying and stacking ballast. The appellant submitted a tender that included a letter offering a rebate of 5%, 3% or 2% if the contract was finalized within 45, 60 or 75 days respectively. Respondent No.5 submitted a later tender with a lower rate but without such a …

DEENA (DEAD) THROUGH L.RS.versusBHARAT SINGH (DEAD) THROUGH L.RS. AND ORS.

2002 INSC 312Appeal(s) allowed

The appellant (defendant) challenged the High Court’s decision that the plaintiffs were entitled to exclusion of the period between the withdrawal of an earlier suit and the filing of a fresh suit under Section 14 of the Limitation Act. The earlier suit had been withdrawn with the court’s permission …

SUNDERversusSTATE (N.C.T. OF DELHI)

2002 INSC 309Appeal(s) allowed

Sunder and Satbir Singh were convicted by a Designated Court under IPC sections 399 and 402 and Section 25 of the Arms Act for alleged theft and possession of knives. They appealed, arguing that the Court lacked jurisdiction because no TADA charge was framed and that the recovery of knives was not …

MATTARversusSTATE OF U.P.

2002 INSC 310Disposed off

The appellant and his brother were convicted of double murder under IPC s.302 and s.302/34 and sentenced to life imprisonment. On appeal, the Allahabad High Court division bench was split, leading to the matter being referred to a third judge. The third judge upheld the conviction but based his …

DURGADAS PURKYASTHAversusUNION OF INDIA AND ORS.

2002 INSC 307Dismissed

The petitioner, a former District and Sessions Judge appointed as a Judicial Member of the Central Administrative Tribunal, challenged the validity of Section 8 of the Administrative Tribunals Act, 1985, arguing that a five‑year term with re‑appointment limited the superannuation age to 62 years and …

M/S. HARIDAS EXPORTSversusALL INDIA FLOAT GLASS MFRS. ASSOCIATION AND ORS.

2002 INSC 306Disposed off

The All India Float Glass Manufacturers Association complained that Indonesian exporters were selling float glass in India at predatory prices, alleging a restrictive trade practice under the Monopolies and Restrictive Trade Practices (MRTP) Act. The MRTP Commission issued an interim injunction …

STATE OF BIHAR AND ANR. ETC. ETC.versusRADHA K. JHA AND ORS. ETC. ETC.

2002 INSC 308Dismissed

Lab Assistants, Technicians, Incharges and Instructors employed by colleges under Ranchi University filed a writ petition seeking to be redesignated as Demonstrators with all attendant benefits. The Patna High Court Single Judge, relying on a Patna High Court decision (Sindheshwari Prasad Singh) and …

RAKESH AND ORS.versusSTATE OF U.P.

2002 INSC 305Dismissed

The case concerned the murder of Dharam Pal, who was beaten by six accused persons amid a long‑standing enmity with the family of a former MLA, Raja Ram. The Sessions Court acquitted four of the accused on the ground that their identity was not established and convicted two of them under Section 304 …

HANS RAJ AND SONSversusSTATE OF JAMMU AND KASHMIR AND ORS.

2002 INSC 304Appeal(s) allowed

The Supreme Court examined the validity of Notification SRO 348 dated 20 August 1982, which imposed an additional toll of Rs 0.06 per kilogram on dry fruits such as almonds, walnuts and kernels exported from Jammu & Kashmir. The petitioners argued that the levy was a fee requiring quid‑pro‑quo and …

A.V. MOHAN RAO AND ANR.versusM. KISHAN RAO AND ANR.

2002 INSC 302Dismissed

The appellant‑accused filed a petition under Section 482 of the CrPC seeking to quash a criminal complaint that alleged violations of Sections 60, 63, 68 and 68‑A of the Companies Act, 1956, involving the alleged siphoning of funds from Non‑Resident Indians into offshore entities. The High Court …

RAM KHILONA AND ORS.versusSARDAR AND ORS.

2002 INSC 303Appeal(s) allowed

The appellants (Ram Khilona et al.) had entered into an agreement of sale with the respondents (Sardar et al.) but the sale deed was never executed. After execution, the covenantors allegedly altered the agreement by inserting two independent marginal witnesses to lend authenticity. The respondents …

M/S. SHYAMA CHARAN AGARWALA AND SONSversusUNION OF INDIA

2002 INSC 301Disposed off

The contractors Mis. Shyama Charan Agarwala & Sons entered into construction contracts with the Union of India and, after disputes arose, referred the matters to arbitration. The arbitrator awarded reimbursement for additional costs relating to stone aggregate, excavation of rock, and work in a …

HINDUSTAN MOTORS LTD.versusTAPAN KUMAR BHATTACHARYA AND ANR.

2002 INSC 300Disposed off

The workman, Tapan Kumar Bhattacharya, assaulted his supervisor in 1980, was suspended, found guilty of major misconduct in a departmental enquiry and dismissed. The employer sought approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act, 1947, and the Industrial Tribunal …

T. FENN WALTER AND ORS.versusUNION OF INDIA AND ORS.

2002 INSC 299Disposed off

The case examined whether a sitting High Court judge appointed as President of a State Consumer Disputes Redressal Commission could continue to function as a judge. A group of advocates challenged the appointment, arguing it created a master‑servant relationship and threatened judicial independence, …

STATE OF HARYANA AND ANR.versusHARYANA CIVIL SECRETARIAT PERSONAL STAFF ASSOCIATION

2002 INSC 298Appeal(s) allowed

The Haryana Civil Secretariat Personal Staff Association filed a writ seeking parity of pay for Personal Assistants (PAs) in the State Civil Secretariat with those in the Central Secretariat, invoking the principle of equal pay for equal work after the Fourth Central Pay Commission. The Punjab & …

MUTHU GOUNDERversusAMMAYEE AMMAL

2002 INSC 292Appeal(s) allowed

The appellant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging a decree of a subordinate court. The Madras High Court disposed of the appeal without framing any substantial question of law, despite the statutory requirement that the High Court must be …

SRILEKHA GHOSH (ROY) AND ANR.versusPARTHA SARATHI GHOSH

2002 INSC 294Disposed off

The case involved a dwelling house inherited by a brother (respondent) and his two sisters (appellants) who had received their shares by gift from their mother. The sisters filed a partition suit; during the proceedings the younger sister married and the brother sought to pre‑empt her share under …

RASHIDA BEGUMversusGENERAL SALES LTD.

2002 INSC 295Appeal(s) allowed

Rashida Begum, the lessee of a plot allotted by the President of India, entered into a registered agreement for lease that bound her by all covenants as if a formal lease deed had been executed. She constructed a building and let a portion to General Sales Ltd. The superior lessor issued a notice …

NARENDRA K. KOCHARversusSIND MAHARASHTRA COOP. HOUSING SOCIETY LTD. AND ORS.

2002 INSC 296Appeal(s) allowed

The Sind Maharashtra Co‑operative Housing Society, a tenant‑co‑partnership society, sued its member (respondent 2) and the appellant who was occupying a flat as a licensee since December 1970, seeking vacant possession under Section 91 of the Maharashtra Co‑operative Societies Act, 1960. The society …

H.S. AHAMMED HUSSAIN AND ANR.versusIRFAN A. HAMMED AND ANR.

2002 INSC 297Appeal(s) allowed

The appellants, parents of two coolies killed in a motor accident, claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation based on a monthly income of Rs.3,000 per victim, applying multipliers of 13 and 14 and interest at 6% per annum. The …

M/S. BHARAT SALES LTD. AND ANR.versusSMT. LAKSHMI DEVI AND ORS.

2002 INSC 283Case Partly allowed

The tenants (Mis. Bharat Sales Ltd. and Anr.) occupied a leasehold premises that were originally leased by the Union of India (through the Land & Development Officer) to the landlord. The tenants used the premises for unauthorized commercial purposes, violating conditions imposed on the landlord by …

M/S. HARYANA STATE F.C.C.W. STORE LTD. AND ANR.versusRAM NIWAS AND ANR.

2002 INSC 285Appeal(s) allowed

The Haryana State F.C.C.W. Store Ltd. engaged two individuals as watchmen/chowkidars on a daily-wage contract for a specific purpose—watching grain stock stored in an open area—and for a defined period of three months or until the stock was cleared. After the stock was disposed of, the respondents …

ASHOK KUMAR AND ORS.versusRISHI RAM AND ORS.

2002 INSC 286Appeal(s) allowed

The appeal concerned a suit for recovery of rent arrears and eviction filed by landlords against a tenant under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The trial court held that the first hearing was on 20 May 1980 and dismissed the tenant’s claim of having …

TOPLINE SHOES LTD.versusCORPORATION BANK

2002 INSC 287Dismissed

The appellant, Topline Shoes Ltd., challenged a decision of the Gujarat State Consumer Disputes Redressal Commission that it had accepted a reply from the respondent, Corporation Bank, filed after the 45‑day period prescribed under Section 13(2)(a) of the Consumer Protection Act, 1986. The appellant …

NALAKATH SAINUDDINversusKOORIKADAN SULAIMAN

2002 INSC 284Case Partly allowed

The tenant, Nalakath Sainuddin, held a single tenancy over a shop with two doors and sublet one door to Koorikadan Sulaiman, who later purchased the entire property from the original owners. The landlord filed an eviction suit invoking three grounds under the Kerala Buildings (Lease and Rent …

DHANNALALversusKALAWATIBAI AND ORS.

2002 INSC 289Dismissed

The Supreme Court considered appeals by two tenants who were evicted from two shops in Indore after the widow of the former owner and her two sons filed eviction applications before the Rent Controlling Authority (RCA) under the Madhya Pradesh Accommodation Control Act, 1961, claiming bonafide …

STATE OF PUNJAB AND ANR.versusKULDIP SINGH AND ANR.

2002 INSC 290Appeal(s) allowed

The respondents, senior Sub‑Divisional Engineers in the Punjab Public Works Department, filed a writ petition seeking selection grade pay to be backdated to 1 January 1978, the date when junior officers in the cadre were granted such pay. The Punjab and Haryana High Court allowed the petition, …

P.V. HEMALATHAversusKATTAMKANDI PUTHIYA MALIACKAL SAHEEDA AND ANR.

2002 INSC 281Dismissed After

The petitioners sought specific performance of a contract for two cinema theatres in Calicut, but the trial court dismissed the suit. On appeal, a two‑judge Division Bench of the Kerala High Court delivered conflicting judgments and, without identifying any point of law difference, confirmed the …

M/S. I.T.L. LTD.versusM/S. SIEMENS PUBLIC COMMUNICATIONS NETWORK LTD.

2002 INSC 282Dismissed

MIS. I.T. Ltd. appealed to the Supreme Court against the order of the 10th Additional City Civil Judge, Bangalore, which dismissed its appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996. The central question was whether a revision petition under Section 115 of the Code of …

INDIAN NATIONAL CONGRESS (I)versusINSTITUTE OF SOCIAL WELFARE AND ORS.

2002 INSC 278Case Partly allowed

The Supreme Court examined whether the Election Commission of India (ECI) could de‑register a political party under Section 29A of the Representation of the People Act, 1951 when the party called a hartal that involved force, intimidation or coercion, allegedly violating the Constitution. The Kerala …

STATE OF RAJASTHANversusKISHAN LAL

2002 INSC 279Disposed off

The State of Rajasthan prosecuted Kishan Lal for rape under Section 376 IPC; the trial court sentenced him to seven years' rigorous imprisonment and a fine, which the Rajasthan High Court reduced to the period already served without recording adequate and special reasons. The State appealed to the …

JOGINDER PALversusNAVAL KISHORE BEHAL

2002 INSC 280Dismissed

The landlord, Joginder Pal, filed an eviction petition under Section 13(3)(a)(ii) of the East Punjab Urban Rent Restriction Act, 1949, claiming the premises were needed for the office of his chartered‑accountant son. The tenant, Naval Kishore Behal, occupied the premises for non‑residential purposes …

UNION OF INDIA AND ORS.versusNARAIN SINGH

2002 INSC 273Appeal(s) allowed

Narain Singh, a former driver and later constable in the Border Security Force, was charged with disobeying a lawful command and assaulting his superior after failing to report for sentry duty. He pleaded guilty and appealed his dismissal, arguing that his poverty and admission of guilt warranted …

HARRINGTON HOUSE SCHOOLversusS.M. ISPAHANI AND ANR.

2002 INSC 274Disposed off

The tenant, Harrington House School, occupied an old, partially built property and ran an unrecognised private school. The landlords, who are builders, sought eviction under Section 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, to demolish the dilapidated structure and …

JAGGANATH CHOUDHARY AND ORS.versusRAMAYAN SINGH AND ANR.

2002 INSC 275Appeal(s) allowed

The trial court (Additional Sessions Judge, Muzaffarpur) acquitted the accused in a murder case under Sections 302 and 34 IPC. The aggrieved party filed a revision under Section 401 of the CrPC before the Patna High Court, alleging that the trial court had wrongly discarded eye‑witness testimony. …

CHANDRA PRAKASH TIWARI AND ORS.versusSHAKUNTALA SHUKLA AND ORS.

2002 INSC 276Appeal(s) allowed

The case concerned the promotion of Sub‑Inspectors of the Uttar Pradesh police to the rank of Inspector. The Selection Committee had used the criteria laid down in the Government Order of 5 November 1965, a special rule under the Police Act, rather than the Uttar Pradesh Government Service (Criteria …

SISIR KUMAR MOHANTY AND ORS.versusST ATE OF ORISSA AND ORS.

2002 INSC 277Dismissed

The petitioners, who are police ministerial officers working in district offices, sought parity of pay scales and other emoluments with their counterparts in the headquarters (DIG, IG, DGP) based on a 1974 Government of Orissa resolution that created a separate cadre of police ministerial officers. …

PRAKASH KHANDREversusDR. VIJAY KUMAR KHANDRE AND ORS.

2002 INSC 272Case Partly allowed

In the Karnataka Legislative Assembly election for the Bhalki constituency, Prakash Khandre was declared elected. Dr. Vijay Kumar Khandre challenged the result, alleging that Prakash Khandre was disqualified under Section 9A of the Representation of the People Act, 1951 because of subsisting …

RAVINDRA SHANTARAM SAWANTversusSTATE OF MAHARASHTRA

2002 INSC 270Dismissed

Ravindra Shantaram Sawant was convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA), the Arms Act and the IPC for firing a revolver in the Sessions Court, injuring the victim Ashwin Naik and three police officers. The appellant argued that the police eye‑witnesses required …

JHARESWAR PRASAD PAUL AND ANR.versusTARAK NATH GANGULY AND ORS.

2002 INSC 271Appeal(s) allowed

The petitioners, clerk‑cum‑cash collectors, sought promotion and financial benefits under a 1984 Government Order, arguing that they performed duties similar to lower‑division clerks. The Calcutta High Court, in a contempt proceeding, held that the respondents had not complied with its earlier …

M/S. SPEEDWAY RUBBER CO.versusCOMMISSIONER, CENTRAL EXCISE, CHANDIGARH

2002 INSC 264Appeal(s) allowed

Speedway Rubber Co. manufactured plates, sheets and strips of vulcanised rubber which were dyed and pressed in a hydraulic press. The Central Excise Department classified the goods under sub‑heading 4016.99, arguing that the hydraulic pressing constituted "further working" under Note 9 of Chapter 40 …

M/S. B.P.L. INDIA LTD.versusCOMMISSIONER OF CENTRAL EXCISE, COCHIN

2002 INSC 265Dismissed

M/s B.P.L. India Ltd. imported 100 kits of VTRs with colour monitors in semi‑knocked‑down condition and paid countervailing duty under tariff item 68. It then assembled the kits into finished VTRs/colour monitors at its factory and cleared them without paying central excise duty, without intimating …

LUIS CAETANO VIEGASversusESTRELINA MARIANA R.M.A. DA COSTA AND ORS.

2002 INSC 266Appeal(s) allowed

The appellant sought to establish his right to inherit from his grandmother by proving that his mother, Maria Fonseca, had been legitimated through baptism. He relied on a birth certificate issued by the Directorate of Archives, which was based on a baptismal record that noted the names of the …

M/S. MYCON CONSTRUCTION LTD.versusSTATE OF KARNATAKA AND ANR.

2002 INSC 267Dismissed

The appellant, Mis. My Con Construction Ltd., challenged the constitutional validity of sub‑section 6 of Section 17 of the Karnataka Sales Tax Act, 1957 as amended by Act 5 of 1996 and its further amendment by Act 7 of 1997 which made the provision retrospective. It argued that the State lacked …

M/S. BUILD INDIA CONSTRUCTION SYSTEMversusUNION OF INDIA

2002 INSC 268Appeal(s) allowed

The appellant entered into a 1985 construction contract with the Union of India that contained an arbitration clause but did not require a reasoned award. In 1986 the Government amended the General Conditions of Contract, adding a provision that arbitrators must give reasons when the claim exceeds …

SANGAMNER BHAG SAHAKARI KARKHANA LTD.versusMIS. KRUPP INDUSTRIES LTD.

2002 INSC 269Disposed off

The appellant, a cooperative sugar factory, entered into a contract with the respondent for the design and supply of machinery, which contained an arbitration clause. Disputes arising under the contract were referred to two arbitrators who awarded Rs. 151.97 lacs to the appellant. The civil judge, …

BRIJ MOHAN LALversusUNION OF INDIA AND ORS.

2002 INSC 261Disposed off

The Supreme Court examined the constitutionality of the Fast Track Courts Scheme introduced under the Eleventh Finance Commission, which sought to appoint retired judges, promote judicial officers ad‑hoc, and enlist members of the Bar to clear pending cases. Petitioners challenged the scheme on …

STATE OF RAJASTHANversusOM PRAKASH

2002 INSC 256Appeal(s) allowed

In 1989 an eight‑year‑old girl was allegedly raped by 18‑year‑old Om Prakash in a Rajasthan village. The victim, her parents and a doctor testified; the FIR was lodged about 26 hours later due to lack of transport. The trial court convicted Om Prakash under Section 376 IPC and sentenced him to seven …

ASSISTANT DIRECTOR OF INSPECTION INVESTIGATIONversusKUM. A.B. SHANTHI

2002 INSC 257Case Partly allowed

The Revenue, represented by the Assistant Director of Inspection Investigation, challenged the constitutional validity of Sections 269SS, 271D (and the earlier 276DD) of the Income Tax Act, 1961, which penalise borrowers for taking loans or deposits in cash while exempting lenders. The High Court …

P. KLRAN KUMARversusA.S. KHADAR AND ORS.

2002 INSC 258Appeal(s) allowed

P. Kiran Kumar, a minor, claimed compensation under the Motor Vehicles Act after a road accident. The Motor Accident Claims Tribunal awarded a partial sum ex parte because the respondents withdrew their defence. The respondents appealed the award, but the High Court dismissed the appeal as barred by …

THE CORPORATION OF CALICUTversusK. SREENIVASAN

2002 INSC 259Appeal(s) allowed

The Kerala Corporation of Calicut owned a building that it let to K. Sreenivasan as a licensee for a lodging house and restaurant. When Sreenivasan defaulted on the licence fee, the licence was terminated on 13 January 1989, but he continued to occupy the premises. The Estate Officer, under the …

SULTAN MOHIYUDDIN AND ORS.versusBASHEER AHMED SHARIFF AND ORS.

2002 INSC 260Disposed off

The landlord appealed a High Court decision after eviction proceedings were started under the Karnataka Rent Control Act, 1961. While the case was pending, the Karnataka Rent Act, 1999 came into force, which exempts non‑residential premises larger than 14 square metres from its provisions. The …

UNION OF INDIAversusASSOCIATION FOR DEMOCRATIC REFORMS AND ANR.

2002 INSC 253Case Partly allowed

The Supreme Court examined whether the Election Commission could be directed to require candidates to disclose criminal cases, assets, liabilities and educational qualifications, as ordered by the Delhi High Court, despite the absence of a specific provision in the Representation of the People Act, …

COMMISSIONER OF CENTRAL EXCISE, COCHINversusM/S. TATA TEA LTD.

2002 INSC 254Appeal(s) allowed

The Commissioner of Central Excise issued notices to M/s Tata Tea Ltd demanding cess on its 'instant tea' under Section 25 of the Tea Act, 1953. The company contended that 'instant tea' was not 'tea' as defined in Section 3(n) and therefore the notices were illegal. The Tribunal set aside the …

NAGRIK UPBHOKTA M. MANCHversusUNION OF INDIA AND ORS.

2002 INSC 255Appeal(s) allowed

The Central Government issued the Kerosene (Restriction of Use and Fixation of Ceiling Price) Order, 1993 fixing a "declared price" that may include charges, rates, duties and taxes prescribed by the State. Madhya Pradesh’s Director and district Collectors fixed wholesale and retail kerosene rates …

SANJU @ SANJA Y SINGH SENGARversusSTATE OF M.P.

2002 INSC 250Appeal(s) allowed

The appellant, brother of the deceased's wife, was charged under Section 306 IPC for allegedly abetting the suicide of his brother‑in‑law, Chander Bhushan, by allegedly telling him to "go and die" during a quarrel on 25 July 1998. The deceased was found hanged on 27 July 1998 and left a suicide note …

MALHU YADAV AND ORS.versusSTATE OF BIHAR

2002 INSC 251Case Partly allowed

On 12 January 1981 a dispute over alleged uprooting of crops on the victim’s land led to a scuffle in which the victim Sotilal Yadav was assaulted by several accused and died on the spot. The trial court convicted all seven accused under various provisions including murder (Sec.302 read with …

MAHENDRA SAREE EMPORIUMversusG.V. SRINIVASA MURTHY

2002 INSC 252Disposed off

The landlord filed eviction proceedings against the tenant under Section 21 of the Karnataka Rent Control Act, 1961, and obtained a decree for possession. The tenant appealed to the Supreme Court under Article 136. While the appeal was pending, the Karnataka Rent Act, 1999 came into force, repealing …

RAVINDER SINGH @ BITTUversusTHE STATE OF MAHARASHTRA

2002 INSC 248Dismissed

Ravinder Singh was convicted under the Terrorist and Disruptive Activities (Prevention) Act, 1987, the IPC, the Explosive Substances Act and the Arms Act for robbery, killing police officers and a train bomb blast that killed 12 and injured 65. The conviction rested on his voluntary confessional …

GOVERNMENT OF ORISSAversusM/S. ASHOK TRANSPORT AGENCY AND ORS.

2002 INSC 249Matter referred to larger bench

The plaintiff obtained an ex‑parte decree against the Charge Chrome Division of Orissa Mining Corporation before the division was taken over by the State of Orissa under the 1991 Ordinance. The State, not being impleaded, objected to execution of the decree on the ground that the decree was not …

STATE OF WEST BENGAL AND ORS.versusJIBAN KRJSHNA DAS AND ORS.

2002 INSC 238Appeal(s) allowed

The State of West Bengal issued a 1969 notification that volunteers of the West Bengal National Volunteer Force would be deployed for a maximum of three months at a stretch, after which a fresh batch would be called up, creating a rotational system. A group of volunteers challenged the circular, …

P. JOHN CHANDY AND CO. (P) LTD.versusJOHN P. THOMAS

2002 INSC 240Dismissed

The appellant, P. John Chandy & Co., was the tenant of premises originally let in 1949 and had sub-let the property on several occasions, including after the Kerala Buildings (Lease and Rent Control) Act, 1965 came into force. The landlord, John P. Thomas, sought eviction under Section 11(4)(i) of …

RAM NARAYAN SHARMAversusSHAKUNTALA GAUR

2002 INSC 241Appeal(s) allowed

The appellant, Ram Narayan Sharma, applied for allotment of a vacant premises under Section 16(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlord died, his heirs were substituted, and an allotment order was made, allowing the appellant to …

MUNDRIKA MAHTO AND ORS.versusSTATE OF BIHAR

2002 INSC 242

The deceased Ramanand Mahto was attacked by a mob of 10‑15 persons who pulled him from his scooter, severed his head with sharp weapons and dragged his trunk to a pond. Police arrived within fifteen minutes and recorded statements of eye‑witnesses, including the nephew of the deceased, whose FIR …

UNION OF INDIA AND ORS.versusINDU LAL AND ORS.

2002 INSC 243Appeal(s) allowed

Law Assistants and Chief Law Assistants claimed they were designated as Presenting Officers under Section 19(2) of the Railway Claims Tribunal Act, 1987 and sought parity in pay with Junior Administrative Grade Presenting Officers (Group B). The Central Administrative Tribunal held that they were …

TATA IRON AND STEEL CO. LTD. AND ORS.versusSTATE OF WEST BENGAL

2002 INSC 244Dismissed

The Supreme Court examined appeals by Tata Iron and Steel Co. Ltd. and others challenging the West Bengal Multi-Storeyed Buildings Tax Act, 1979 on the ground that it violated Article 14 by discriminating between owners of multi‑storeyed buildings based on the portion of the building taxed. The …

UNION OF INDIAversusSHREE GAJANAN MAHARAJ SANSTHAN

2002 INSC 245Case Partly allowed

Shree Gajanan Maharaj Sansthan, a charitable trust, filed a writ petition under Article 32 seeking a mandamus directing the Union of India to fix a date for bringing Section 2(c) of the Industrial Disputes (Amendment) Act, 1982 into force, which would exclude charitable organisations from the …

KENDRIYA VIDYALAYA SANGATHAN AND ORS.versusAJAY KUMAR DAS AND ORS.

2002 INSC 246Appeal(s) allowed

The Kendriya Vidyalaya Sangathan advertised for twelve Lower Division Clerk posts and the Assistant Commissioner, Dr. K.C. Rakesh, issued appointment orders on 13-15 December 1997 even though his services had been terminated on 11 December 1997, albeit he was temporarily allowed to continue under an …

UNION OF INDIA AND ANR.versusMOHAN PAL ETC. ETC.

2002 INSC 247Disposed off

The Supreme Court examined the 1993 Department of Personnel and Training scheme that confers "temporary" status on casual labourers. It held that the scheme is a one‑time programme applicable only to those who were employed on the scheme's commencement date and who have completed at least one year …

KULDIP SINGHversusUNION OF INDIA

2002 INSC 239Directions issued

Former judge Kuldip Singh filed a writ petition under Article 32 challenging the lower pension granted to judges appointed directly from the Bar, contending that the Constitution provides no quota for such appointments and that pension benefits should be uniform with those appointed from the …

SAYYED FAKHRUL ISLAMversusMAHARASHTRA STATE ROAD TRANSPORT CORPN. AND ORS.

2002 INSC 232Dismissed

The appellant, a Senior Foreman in the Maharashtra State Road Transport Corporation (MSRTC), was temporarily promoted to Depot Manager (A) on 5 September 1994 with a condition that he would be reverted to his original post upon the availability of a direct‑sector candidate. After being considered …

RAKESH WADHAWAN AND ORS.versusM/S. JAGDAMBA INDUSTRIAL CORPORATION AND ORS.

2002 INSC 233Appeal(s) allowed

The landlord filed an eviction petition under the East Punjab Urban Rent Restriction Act, 1949, alleging the tenants defaulted on rent of Rs 2000 per month as stipulated in the lease. The tenants contended that the rent was actually Rs 1800 per month, a rate they had been directed to deposit during …

STATE OF KARNATAKA AND ORS.versusG. HALAPPA AND ORS.

2002 INSC 235Appeal(s) allowed

The State of Karnataka appointed certain teachers on a one‑year contract under the 1983 Special Recruitment Rules, paying them a salary lower than the minimum pay‑scale and expressly stating that their service would not count for future government service. After regular recruitment, these contract …

B. RAMANJINI AND ORS.versusSTATE OF ANDHRA PRADESH AND ANR.

2002 INSC 236Appeal(s) allowed

The Supreme Court examined the cancellation of District Selection Committee written examinations in Anantapur district after a police report detailed massive irregularities, and the subsequent fresh examinations and results. It held that the State Government was justified in cancelling the exams and …

K.L.E. SOCIETYversusDR. R.R. PATIL AND ANR.

2002 INSC 231Dismissed

Dr. R.R. Patil, the principal of a college run by K.L.E. Society, applied twice for voluntary retirement, first on 2 December 1994 without specifying a retirement date and again on 5 July 1995. The Society’s Board of Management accepted his second application on 20 July 1995, without the three‑month …

VINODAN T. AND ORS.versusUNIVERSITY OF CALICUT AND ORS.

2002 INSC 237Dismissed

The appellants were selected for Assistant Grade‑II posts at the University of Calicut and placed on a rank list prepared in October 1995. The University later curtailed the list’s validity to two years and cancelled it, citing a statutory ban on appointments under the Pre‑Degree Course (Abolition) …

SUBASH PARBAT SONVANEversusSTATE OF GUJARAT

2002 INSC 221Case Partly allowed

Subash Parbat Sonvane, a public servant, was convicted by a Special Judge in Ahmedabad under Section 7 and Section 13(1)(d) of the Prevention of Corruption Act, 1988 for taking money from a complainant. The Gujarat High Court upheld both convictions. On appeal before the Supreme Court, the appellant …

NARPAT SINGH ETC. ETC.versusJAIPUR DEVELOPMENT

2002 INSC 222Disposed off

The appellants' land was acquired under the Rajasthan Land Acquisition Act for a public development scheme, and the Land Acquisition Officer awarded them monetary compensation together with residential plots of 1,000 or 2,000 square yards. A tripartite settlement later reduced the compensation and …

GIRDHAR SHANKAR TAWADEversusSTATE OF MAHARASHTRA

2002 INSC 223Appeal(s) allowed

Girdhar Shankar Tawade was tried for abetment of suicide under IPC s.306 and cruelty to a woman under s.498‑A. The prosecution relied on contradictory oral testimony of the deceased's brother and cousin, three letters written by the deceased, and a dying declaration. The trial court and the High …

UNION OF INDIA AND ORS.versusL.D. BALAM SINGH

2002 INSC 224Dismissed

The case concerned L.D. Balam Singh, an Indian Army officer, who was tried by a General Court Martial under Section 69 of the Army Act for an offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The High Court had set aside his conviction on the ground …

SHASHIKANT SINGHversusTARKESHWAR SINGH AND ORS.

2002 INSC 225Appeal(s) allowed

Shashikant Singh was convicted of murdering his brother, and during the trial the court, under Section 319 of the CrPC, summoned another person (respondent No. I) who appeared to have committed the same offence. The trial of the original accused, Chandra Shekhar Singh, concluded before the summoned …

SUKHCHAIN SINGHversusSTATE OF HARYANA AND ORS.

2002 INSC 226Appeal(s) allowed

The deceased Raj Karan was attacked with lathis by the accused Bishna and Balbir, sustaining fatal head injuries. Two relatives, Sukhchain Singh (PW‑1) and Jai Karan (PW‑2), witnessed the assault, took the victim to the hospital, and later gave statements that formed the core of the prosecution …

VASHRAM NARSHIBHAI RAJPARAversusSTATE OF GUJARAT

2002 INSC 227Case Partly allowed

Vashram Narshibhai Rajpara, a fruit vendor, was convicted of murdering his wife and four daughters by pouring petrol on them and setting them alight while they slept, motivated by a dispute over a house. The trial court sentenced him to death, a decision affirmed by the Gujarat High Court. On …

EZHIL AND ORS.versusSTATE OF TAMIL NADU

2002 INSC 228Dismissed

The three accused (Ezhil, Saravanan and Mohammed Iqbal) were charged with robbery, murder and related offences after a car they were travelling in was intercepted carrying articles belonging to the deceased, Masukuthu Ali, whose body was later found stabbed. The prosecution relied on circumstantial …

LALIT KUMAR JAIN AND ANR.versusJAIPUR TRADERS CORPORATION PVT. LTD.

2002 INSC 229Appeal(s) allowed

The plaintiff, Jaipur Traders Corp. Pvt. Ltd., executed a sale deed for an oil mill and received an initial payment, but the balance consideration was withheld pending income‑tax clearance. The parties entered into a written settlement with a director that deferred the balance payment until all …

ABDUL KADERversusG.D. GOVINDARAJ (D) BY LRS.

2002 INSC 230Dismissed

The tenant held premises under a lease that required payment of monthly rent of Rs 100 and, additionally, Rs 111 as half of the annual property tax. The tenant failed to pay rent for January‑March 1990 and the agreed tax for three years. After a two‑month notice demanding the arrears, the tenant …

STATE OF ORISSAversusDIBAKAR NAIK AND ORS.

2002 INSC 217Case Partly allowed

The State of Orissa appealed against the High Court's acquittal of eight accused of rape and murder of Chhabirani. The husband (PW‑1) witnessed the gang‑rape and murder at a river bed and, despite police inaction, lodged an FIR. The trial court convicted all eight under Sections 302 and 376 IPC read …

STATE OF U.P. AND ORS.versusM/S. SITAPUR PACKING WOOD SUPPLIERS ETC.

2002 INSC 219Appeal(s) allowed

The State of Uttar Pradesh challenged the validity of the transit fee imposed under Rule 5 of the Uttar Pradesh Transit of Timber and Other Forest Produce Rules, 1978, arguing that the fee was invalid because it was not supported by a quid pro quo. The Allahabad High Court upheld the constitutional …

SUSHIL KUMAR SABHARWALversusGURPREET SINGH AND ORS.

2002 INSC 220Appeal(s) allowed

The Supreme Court examined a landlord‑tenant suit where the landlord obtained an ex‑parte decree for rent arrears and eviction. The tenant contended that he never received a summons because the process server’s report was unreliable and he testified under oath that no summons was served. The Court …

UNION OF INDIA AND ANR.versusVENKATESHAN S. AND ANR.

2002 INSC 216Appeal(s) allowed

The Union of India detained B. Sankar under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) for alleged hawala transactions involving Rs. 42.9 lakh. The Karnataka High Court set aside the detention, holding that the underlying offence …

STATE OF A.P.versusNATIONAL THERMAL POWER CORPORATION LTD. AND ORS.

2002 INSC 215Case Partly allowed

The Supreme Court examined whether the sale of electricity by National Thermal Power Corporation Ltd. (NTPCL) to electricity boards in other states constituted an inter‑State sale and could be taxed by the states under their Electricity Duty Acts. It held that electricity is a "good" and that its …

B.L. WADHERAversusUNION OF INDIA AND ORS.

2002 INSC 214Case Allowed

The Supreme Court examined a public‑interest writ petition challenging several gifts of village common (shamlat) land by the Bhondsi Gram Panchayat to a former Prime Minister and his trust. The petitioner alleged that the gifts violated the Punjab Village Common Lands (Regulations) Act, 1961, its …

VIJA Y KUMAR MADAN AND ORS.versusR.N. GUPTA TECHINCAL EDUCATION SOCIETY AND ORS.

2002 INSC 213Disposed off

The plaintiffs, owners of a leasehold premises in Gurgaon, sued the defendants for recovery of rent arrears and ejectment. The defendants failed to appear on the scheduled date, leading the trial court to proceed ex-parte and later set aside the ex-parte order under Order 9 Rule 7, imposing a …

COMMISSIONER, CENTRAL EXCISE, NAGPURversusM/S. WAINGANGA SAHKARI S. KARKHANA LTD.

2002 INSC 212Dismissed

The Commissioner of Central Excise appealed against the order of the Customs, Excise and Gold (Control) Appellate Tribunal which held that the making of trusses, columns and purlines by the assessee constituted manufacture. The Tribunal relied on the decision in Aruna Industries v. CCE Guntur, …

BIJOY SINGH AND ANR.versusSTATE OF BIHAR

2002 INSC 209Case Partly allowed

The case concerned a mass murder on 25 August 1991 in which Vijay Singh was killed and Sanuj Singh injured; twelve men were charged under IPC sections 302, 149 and 307 and the Arms Act. The trial court convicted all accused, but on appeal the Supreme Court examined procedural lapses such as delay in …

DHARMENDRASINH @ MANSING RATANSINHversusSTTE OF GUJARAT

2002 INSC 210Dismissed

The appellant, Dharmendrasinh, was convicted of murdering his two sons. The prosecution relied primarily on the ocular testimony of his wife, who described the incident in detail, and was corroborated by a neighbour. The defence challenged the credibility of the wife’s testimony, the contradiction …

RAMINDER SINGH SETHIversusD. VIJAYARANGAM

2002 INSC 211Dismissed

The landlord filed an eviction suit under clause (a) of Section 21(1) of the Karnataka Rent Control Act, 1961, alleging that the tenant was in arrears of rent. The tenant argued that the advance rent paid at the commencement of tenancy should be adjusted against the arrears, and that Section 18, …

PRADEEP KUMAR BISWAS AND ORS.versusINDIAN INSTITUTE OF CHEMICAL BIOLOGY AND ORS.

2002 INSC 202Dismissed

The appellants, former employees of the Council of Scientific and Industrial Research (CSIR), challenged their termination, arguing that CSIR is a "State" within Article 12 of the Constitution and therefore subject to fundamental rights protections. The High Court dismissed the writ petition relying …

STATE BANK OF INDIA AND ANR.versusM.R. GANESH BABU AND ORS.

2002 INSC 204Appeal(s) allowed

The Supreme Court examined the claim of four specialist officers of the State Bank of India (SBI) that they were entitled to the higher starting salary (advance increments) granted to Probationary Officers, Trainee Officers and Rural Development Officers (RDOs) under the 1979 SBI Officers Order. The …

STATE OF KARNATAKAversusK.A. KUNCHINDAMMED

2002 INSC 205Appeal(s) allowed

The Karnataka Forest Act, 1963 authorized officers seized a lorry carrying sandalwood oil and later ordered its confiscation and that of the vehicle, publishing the order in the official gazette. The vehicle's owner applied to a Judicial Magistrate for interim custody, which was dismissed on the …

STATE OF ORISSAversusTHAKARA BESRA AND ANR.

2002 INSC 206Appeal(s) allowed

The State of Orissa prosecuted Thakara Besra and another accused for rape under Section 376 of the IPC. The prosecutrix testified that the accused forced entry through the thatched roof, assaulted her, and left blood and semen stains on her petticoat, which were confirmed by medical and forensic …

BECKODAN ABDUL RAHIMANversusSTATE OF KERALA

2002 INSC 207Appeal(s) allowed

Beckodan Abdul Rahiman was arrested after a police search that uncovered 11 grams of opium. The search was conducted without complying with the mandatory procedural safeguards under Section 42(2) and Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, namely the requirement to …

P. RAMA CHANDRA RAOversusSTATE OF KARNATAKA

2002 INSC 203Appeal(s) allowed

The petitioners, accused of corruption under the Prevention of Corruption Act, were acquitted by special courts after two years of delay, relying on time‑limit directions from the Common Cause and Raj Deo Sharma cases. The Karnataka High Court set aside the acquittals and entertained appeals without …

CHANDRA BIHARI GAUTAM AND ORS.versusSTATE OF BIHAR

2002 INSC 201Dismissed

On 23 July 1994 a mob of 300‑400 persons armed with guns and petrol bombs attacked the house of informant Ganesh Singh in Amarpur, Bihar, killing six members of his family. The informant identified 19 persons, including the appellants Chandra Bihari Gautam and others, and the prosecution charged …

BIHARI MANJHI AND ORS.versusSTATE OF BIHAR

2002 INSC 200Appeal(s) allowed

In a case of gruesome carnage in Bihar that left 35 dead, the Designated Court convicted several accused under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Indian Penal Code based solely on a confessional statement of Bihari Manjhi recorded by a police inspector. The …

KRISHNA MOCHI AND ORS.versusSTATE OF BIHAR ETC.

2002 INSC 199Dismissed

The case concerned a mass‑caste massacre in Bihar in which 35 members of a community were killed and many others injured. Thirteen persons were charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Indian Penal Code; four were acquitted and the remaining nine …

STATE BANK OF SAURASHTRAversusM/S. ASHIT SHIPPING SERVICES (P.) LTD. AND ANR.

2002 INSC 192Disposed off

The State Bank of Saurashtra (appellant) sought leave to defend a summary suit filed by Ashit Shipping Services (respondent No.1) under Order 37 of the CPC, which claimed payment on a bond that the bank alleged was an indemnity, not a guarantee. The bank alleged fraud and collusion involving the …

VIKAS AGGARWALversusANUBHA

2002 INSC 193Dismissed

The appellant and respondent married and later separated, with the appellant filing for divorce in a U.S. court while the respondent returned to India and filed a suit for judicial separation and maintenance. The Delhi High Court, through a Single Judge, initially restrained the appellant from …

MUNICIPAL CORPORATION OF GREATER MUMBAIversusK.V. SHRAMIK SANGH AND ORS.

2002 INSC 195Appeal(s) allowed

The K.V. Shramik Sangh, a trade union representing contract workers in the Mumbai Municipal Corporation's solid waste management department, filed a writ petition seeking abolition of the contract labour system and absorption of the workers as permanent employees, alleging that the contracts were …

KANNIAMMALversusCHELLARAM

2002 INSC 196Appeal(s) allowed

The landlady, who occupied a portion of a building for residential use, leased another portion to a tenant for non‑residential purposes. She sought eviction of the tenant under Section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, claiming a bona‑fide need for the …

GOVT. OF A.P. AND ORS.versusJ. SRIDEVI AND ORS.

2002 INSC 197Appeal(s) allowed

The respondents purchased parcels of land that were agricultural on the appointed day of the Urban Land (Ceiling and Regulation) Act, 1976 and later converted them to residential use after a master plan amendment. They applied to the Hyderabad Urban Development Authority for layout approval, which …

ABDUL HAI KHANversusSUBAL CHANDRA GHOSE AND ORS.

2002 INSC 198Disposed off

The appellants, private stage‑carriage operators, held permits issued under the 1963 nationalisation scheme (as modified in 1980) and claimed that the Regional Transport Authority (RTA) could not grant permits to other private operators on routes overlapping those nationalised routes. They sought a …

K.M SHARMAversusINCOME TAX OFFICER, WARD 13 (7) NEW DELHI

2002 INSC 190Appeal(s) allowed

K.M. Sharma received compensation and interest for land acquired under the Land Acquisition Act. The Income Tax Department issued reassessment notices under Section 148 for assessment years 1968-69 to 1971-72 and 1981-82, alleging tax on the interest received. Sharma contended that the reassessments …

SHARAD KUMARversusGOVT. OF NCT OF DELHI AND ORS.

2002 INSC 191Appeal(s) allowed

Sharad Kumar, employed as an Area Sales Executive, was terminated without a show‑cause notice or enquiry. The dispute was referred to conciliation, and the Delhi Government refused to refer it to an Industrial Tribunal or Labour Court, stating that Kumar was not a "workman" under Section 2(s) of the …

RUPA ASHOK HURRAversusASHOK HURRA AND ANR.

2002 INSC 189Heard

The Supreme Court considered whether a writ petition under Article 32 could be filed to challenge a Supreme Court judgment after a review petition had been dismissed, and whether the Court could correct such a judgment using its inherent powers. It held that a final order of the Supreme Court is not …

R.V.E. VENKATACHALA GOUNDERversusVENKATESHA GUPTA AND ORS.

2002 INSC 187Appeal(s) allowed

The appellant-landlord sought eviction of six commercial tenants under Section 14(1)(b) of the Tamil Nadu Building (Lease and Rent Control) Act, 1960, claiming a bona‑fide need to demolish the existing 30‑year‑old building and erect a new double‑storeyed structure to augment his earnings. The …

MOTI LALversusCENTRAL BUREAU OF INVESTIGATION AND ANR.

2002 INSC 188Dismissed

Motilal was arrested for possessing skins of protected wildlife under several provisions of the Wild Life (Protection) Act, 1972. The Central Government, invoking the Delhi Special Police Establishment Act, issued a notification and, with the consent of the Uttar Pradesh Government, transferred the …

SHRI RANAJOY BOSEversusSHRI A.B. ROY AND ANR.

2002 INSC 186Dismissed

The appellant, Ranajoy Bose, was charged under the Prevention of Food Adulteration Act, 1954 for selling adulterated tea leaves. The prosecution was launched after obtaining consent from the District Health Officer (IV) under Section 20(1) of the Act, as per a state notification. The appellant …

M.C. MEHTAversusUNION OF INDIA AND ORS.

2002 INSC 185Hearing Adjourned

The Supreme Court examined the Union of India's repeated attempts to extend the deadline for phasing out diesel buses in Delhi and to modify the Court's earlier orders directing a complete conversion to CNG. It held that the directions of the Bhure Lal Committee and the Environment Pollution …

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

2002 INSC 181

The case concerned a dispute over inter‑se seniority between temporary doctors appointed on an ad‑hoc basis in the Uttar Pradesh Provincial Medical Services and doctors selected through the Public Service Commission. A three‑Judge Bench had earlier held that temporary doctors could count seniority …

RAJESHWAR DAYAL AND ORS.versusAVNEESH KUMAR AVASTHI AND ORS.

2002 INSC 184Dismissed

The Lala Nanak Chand Trust leased a plot in Meerut to trustee Bateshwar Dayal for 30 years with a renewal clause. After the lease expired, the Trust sued for possession and obtained a decree; the lessee’s heirs later sought specific performance of the renewal clause, but their suit was dismissed as …

COMMISSIONER OF CUSTOMS, MUMBAIversusM/S. VIRGO STEELS, BOMBAY AND ANR.

2002 INSC 182Dismissed

The Commissioner of Customs, Mumbai initiated recovery proceedings against Mis. Virgo Steels and Associated Cement Company Ltd for duty‑free steel imported after the cement project was abandoned, in violation of the Deemed Export Scheme. Virgo Steels admitted the illegality in a letter, expressly …

M/S GRASIM INDUSTRIES LTD.versusCOLLECTOR OF CUSTOMS, BOMBAY

2002 INSC 183Dismissed

Grasim Industries imported 14,700 Karbate Tubes, artificial graphite components of heat exchangers, and sought classification under Chapter 84 (sub‑heading 8419.50) of the Customs Tariff Act, 1975. The Revenue argued that Note I(a) of Chapter 84 expressly excludes such items as "other articles of …

CENTRAL BUREAU OF INVESTIGATIONversusR.S. PAI AND ANR.

2002 INSC 178Appeal(s) allowed

The Central Bureau of Investigation (CBI) filed a charge sheet in a fraud case and later sought the Special Court's permission to produce additional documents that were gathered during the investigation but not submitted with the charge sheet. The Special Court rejected the application, prompting …

GEORGEversusSTATE OF KERALA

2002 INSC 179Appeal(s) allowed

The deceased, a farm worker, disappeared after leaving for work and his body was later found drowned in a river. The accused, George, was found in possession of the deceased's watch and two gold rings, which he had pledged to others shortly after the disappearance. The prosecution relied on …

OMBALIKA DAS AND ANR.versusHULISA SHAW

2002 INSC 180Dismissed

Two daughters of a retired engineer of the General Reserve Engineering Force filed an eviction suit against a tenant, invoking the special procedure under Section 29B of the West Bengal Premises Tenancy Act, 1956, on the ground that they were dependent on their father. The Kolkata High Court held …