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Judgments of 2002

578 judgments · newest first · showing 401–578

MUNICIPAL CORPORATION OF GREATER BOMBAYversusBHARAT PETROLEUM CORPORATION LTD.

2002 INSC 175Appeal(s) allowed

The Municipal Corporation of Greater Bombay instituted criminal proceedings against Bharat Petroleum for erecting signboards displaying the Shell trademark at its petrol pumps without obtaining permission under the Mumbai Municipal Corporation Act, 1888. The corporation relied on Sections 328, 328A …

BHANWAROO KHAN AND ORS.versusUNION OF INDIA AND ORS.

2002 INSC 176Dismissed

Bhanwaroo Khan and his wife, who migrated to Pakistan after Partition and obtained Pakistani passports, entered India in 1955 on a visa, later failed to return and lived underground. In 1984 they applied for Indian citizenship, but the Government of India, invoking Section 9(2) of the Citizenship …

SANSAR CHAND ATRIversusSTATE OF PUNJAB AND ANR.

2002 INSC 177Dismissed

Sansar Chand Atri, a former Indian Army soldier who retired with pension after 18 years of service, applied for a civil service post reserved for ex‑servicemen under the Punjab Recruitment of Ex‑Servicemen Rules, 1982 (as amended 1992). The Punjab Public Service Commission rejected his candidature, …

UNION OF INDIA AND ORS.versusARADHANA TRADING CO. AND ORS.

2002 INSC 174Dismissed

The Union of India entered into supply contracts with respondents and, after disputes, arbitrators were appointed by the Calcutta High Court. The arbitrators filed their award in the Calcutta High Court, and the court made the award a rule of court despite the Union’s claim that it should have been …

COMMISSIONER OF SALES TAXversusSAI PUBLICATION FUND

2002 INSC 169Dismissed

The Sai Publication Fund, a trust created by devotees of Sai Baba to spread his teachings, published and sold books, pamphlets and related material at nominal cost. The Commissioner of Sales Tax contended that the trust was a "dealer" under the Bombay Sales Tax Act, 1959, invoking the amended …

SAU. SARASWATIBAI TRIMABAK GAIKWADversusDAMODHAR D. MOTIWALE AND ORS.

2002 INSC 170Appeal(s) allowed

The appellant, Sau. Saraswati Bai Trimabak Gaikwad, cultivated land that she had leased from Tarabai, who held a limited right to possess the land under a 1927 settlement deed. Although a consent decree had earlier restrained Tarabai from leasing the land, the appellant filed an application under …

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

2002 INSC 168Case Partly allowed

The appellant Devender Pal Singh was arrested after being deported from Germany and recorded a confessional statement under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA). The Designated Court convicted him of offences under TADA and the IPC, including criminal …

GAUHATI HIGH COURT AND ANR.versusKULADHAR PHUKAN AND ANR.

2002 INSC 171Disposed off

Kuladhar Phukan, a judicial officer of the Assam Judicial Service, was appointed ad‑hoc as Deputy Secretary in the Assam Legal Service in 1986 after his application was forwarded by the High Court and his services were spared. He was later regularised and promoted in the Legal Service without any …

MUNITHIMMAIAHversusSTATE OF KARNATAKA AND ORS.

2002 INSC 172Dismissed

The appellant, Munithimmaiah, owned land that was acquired under the Bangalore Development Authority (BDA) Act, 1976 for a development scheme. An award of acquisition was passed in 1995, but the appellant challenged it, invoking the limitation periods prescribed in Sections 6 and 11‑A of the Land …

STATE OF U.P. AND ORS.versusDAULAT RAM GUPTA

2002 INSC 173Dismissed

The State of Uttar Pradesh issued executive orders refusing to renew licences of petty diesel dealers whose premises were within five kilometres of a government‑run retail outlet. Daulat Ram Gupta, whose licence was thus refused, challenged the order. The Allahabad High Court set aside the order and …

SUBHASH CHANDER AND ANR.versusSTATE TRANSPORT APPELLATE TRIBUNAL AND ORS.

2002 INSC 163Appeal(s) allowed

The appellants applied for mini‑bus permits on the Dasuya‑Jalalpur via Miani route under the liberalised scheme of Section 80 of the Motor Vehicles Act, 1988. Their applications were rejected by the State Transport Commissioner, but the State Transport Appellate Tribunal (STAT) allowed the appeals …

STATE OF KARNATAKAversusSHARANAPPA BASANAGOUDA AREGOUDAR

2002 INSC 166Appeal(s) allowed

The case involves a head‑on collision between a car driven by Dr. Venkatesh Kanakareddy and a mini‑lorry driven by Sharanappa Basanagouda Aregoudar, resulting in four deaths and one injury. The accused was convicted under IPC Sections 279, 337, 338 and 304A for rash and negligent driving. The trial …

S. RENUKA AND ORS.versusSTATE OF A.P. AND ANR.

2002 INSC 164Dismissed

The State of Andhra Pradesh created Family Courts and Mahila Courts and, lacking sufficient women judges in the District & Sessions Judges Grade‑II cadre, sanctioned ten additional posts exclusively for women by relaxing Rule 2 of the Special Rules for the A.P. State Higher Judicial Service. An …

RAJA MUTHUKONE (D) BY LRS.versusT. GOPALASAMI AND ANR.

2002 INSC 167Appeal(s) allowed

The tenant failed to pay rent for June 1983 to November 1984 and the landlord served a notice under the Explanation to Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The tenant informed the landlord that the rent had been deposited in other court proceedings, but …

ALL INDIA JUDGES ASSOCIATION AND ORS.versusUNION OF INDIA AND ORS.

2002 INSC 165

The All India Judges Association filed a writ petition seeking implementation of the recommendations of the First National Judicial Pay Commission (Shetty Commission) concerning service conditions of the subordinate judiciary. The Supreme Court examined whether the pay scales, allowances, …

KHET SINGHversusUNION OF INDIA

2002 INSC 158

Khet Singh was apprehended while travelling in a truck that contained a polythene bag of opium. The contraband was seized and samples were taken at the Customs Office, but the seizure mahazar was not prepared at the spot of recovery as required by the NDPS Act and related standing instructions. The …

AJIT KUMAR SINGH AND ORS.versusCHIRANJIBI LAL AND ORS.

2002 INSC 159Disposed off

The appellants, tenants, were ordered to vacate premises under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982. After the trial decree and a dismissed first appeal, they filed a second appeal in the Patna High Court, but neither they nor their counsel appeared at the hearing. The …

BIBHUDATTA MOHANTYversusUNION OF INDIA AND ORS.

2002 INSC 160Appeal(s) allowed

The appellant, Bibhudatta Mohanty, was temporarily appointed as an Extra Departmental Mail Carrier and sought a permanent posting. The recruiting authority sent a requisition to the Employment Exchange specifying only a minimum qualification of VIII standard, without mentioning any preference for …

STATE OF WEST BENGAL AND ORS.versusKARAN SINGH BINAYAK AND ORS.

2002 INSC 161Dismissed

The State of West Bengal sought to revise a 1957 record of rights concerning land that had been leased to a paper mill, arguing that the land vested in the State under the West Bengal Estates Acquisition Act, 1953. The respondents, Karan Singh Binayak and others, had purchased the land and commenced …

RAJANKUMAR SHANKARRAO TAWARE AND ANR.versusAJIT ANANTRAO PAWAR

2002 INSC 162Dismissed

The petitioners challenged the election of Ajit Pawar to the Baramati Assembly seat, alleging that the Returning Officer shifted ballot boxes from a high school to a recreation hall without informing candidates, with the motive of substituting genuine ballot papers with fakes. They also claimed …

ASHUTOSH GUPTAversusSTATE OF RAJASTHAN AND ORS.

2002 INSC 156Dismissed

The appellant, a direct recruit to the Rajasthan Administrative Service under the 1954 Rules, challenged Rule 25 of the Rajasthan Administrative Service (Emergency Recruitment) Rules 1976, which gave emergency recruits a notional year of allotment for seniority, alleging discrimination under …

DIRECTOR OF SETTLEMENTS A.P. AND ORS.versusM.R. APPARAO AND ANR.

2002 INSC 157Appeal(s) allowed

The State of Andhra Pradesh, as Director of Settlements, appealed against a Division Bench of the Andhra Pradesh High Court that had issued a mandamus directing the State to make interim compensation payments to estate holders under the Andhra Pradesh Estates (Abolition and Conversion into Ryotwari) …

KARAM CHANDversusUNION OF INDIA AND ORS.

2002 INSC 152Dismissed

The dispute concerned a 22-kanal agricultural plot that had been auctioned by the Rehabilitation Department and later sold to Rameshwari Dass. Karam Chand claimed to be the sub‑lessee of the land and applied for its transfer in his favour. After the sale was finalized and a conveyance deed issued to …

THE SPECIAL LAND ACQUISITION OFFICER BTDA, BAGALKOTversusMOHD. HANIF SAHIB BAWA SAHIB

2002 INSC 153Case Partly allowed

The State of Karnataka acquired agricultural plots in Bagalkot under the Land Acquisition Act, 1894, fixing a base market value of Rs 3 per sq ft based on a 1979 valuation. The Reference Court applied a 10 % per‑annum appreciation for subsequent years, arriving at Rs 6.85 per sq ft for 1985 and, …

STATE OF WEST BENGAL AND ORS.versusVISHNUNARAYAN AND ASSOCIATES (P) LTD. AND ANR.

2002 INSC 154Dismissed

The State of West Bengal, having taken over the management and later the undertaking of the Great Eastern Hotel under the 1975 and 1980 Acts, transferred the undertaking (except lands and buildings) to the Great Eastern Hotel Authority. The Authority issued a circular to occupants of shop, office …

THE CHIEF COMMISSIONER OF INCOME TAX, COCHINversusMIS. KESARIA TEA CO. LTD.

2002 INSC 150Dismissed

The case concerned Kesaria Tea Co. Ltd., which had earlier claimed a deduction for a provision made towards purchase tax liability for the years 1978‑81. In the assessment year 1985‑86 the company wrote back the provision, believing that the liability had ceased following the rejection of a special …

HOTEL SEA GULLversusSTATE OF WEST BENGAL AND ORS.

2002 INSC 151Dismissed

The appellant Hotel Sea Gull obtained a Panchayat sanction to construct a five‑storey hotel and built the ground and first floors. It then erected a second floor without obtaining permission under Section 46 of the West Bengal Town and Country (Planning and Development) Act, 1979. The planning …

MANSOOR KHANversusMOTIRAM HAREBHAN KHARA T AND ANR.

2002 INSC 155Dismissed

The landlord filed an eviction suit in 1985 against the tenant of a shop in Risod, before the city was declared a municipality. In 1989 Risod was notified as a municipality, bringing the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 into force for the premises. The …

GURMAIL SINGHversusSTATE OF PUNJAB

2002 INSC 147Appeal(s) allowed

Gurmail Singh was arrested after allegedly arriving at a police station carrying a gunny bag on his head containing 27 kg of black gunpowder and four detonators, allegedly inspired by two constables to surrender. The Designated Court convicted him under Section 5 of the Terrorist and Disruptive …

RAM GOVIND UPADHYAYversusSUDARSHAN SINGH AND ORS.

2002 INSC 148Appeal(s) allowed

The appellant's brother was murdered during a violent incident at a polling booth, leading to the filing of an FIR under Section 302 IPC and the arrest of several accused. The accused applied for bail, which was rejected by the trial court, the High Court, and the Sessions Judge. After a second FIR …

S.K KUSHWAHAversusD.K. JOSHI AND ORS.

2002 INSC 149Appeal(s) allowed

Dr. S.K. Kushwaha, a lecturer with a Ph.D. but without the required M.Ed. or B.Ed., was appointed Principal of the College of Education, Kurukshetra University, after the Executive Council purportedly relaxed the qualification requirement. Respondent D.K. Joshi challenged the appointment, arguing …

M.C. MEHTAversusKAMAL NATH AND ORS.

2002 INSC 144Disposed off

The Supreme Court examined the liability of Span Motels Pvt. Ltd. (SMPL) for constructing walls and bunds on the banks and bed of the River Beas, which interfered with the river's natural flow and caused environmental degradation. The Court affirmed earlier findings that SMPL's actions violated the …

CHOWDARAPU RAGHUNANDANversusSTATE OF TAMIL NADU AND ORS.

2002 INSC 145Appeal(s) allowed

The petitioner was detained under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after customs seized a large quantity of dutiable cell‑phones from his baggage at Chennai Airport. He claimed the goods were not his, that the customs statement …

AIRPORTS AUTHORITY OF INDIAversusSATYAGOPAL ROY AND ORS.

2002 INSC 143Dismissed

The Airports Authority of India appealed a Gauhati High Court order that awarded compensation for cutting trees on its land using a multiplier of 18 years' yield. The appellant argued that the multiplier violated the Supreme Court’s decision in State of Haryana v. Gurcharan Singh, which limits the …

JAI SINGHversusSHAKUNTALA

2002 INSC 141Dismissed

Shakuntala, the natural daughter of the deceased Sunda Ram, sued to be declared owner of his property, challenging a registered adoption deed that named Jai Singh as an adopted son. The trial court and two appellate courts held that the adoption was invalid and decreed in favour of Shakuntala. On …

STATE OF U.P. AND ORS.versusVIJAY KUMAR JAIN

2002 INSC 142Disposed off

V.K. Jain, an Assistant Engineer promoted to Executive Engineer in Uttar Pradesh, was compulsorily retired under U.P. Fundamental Rule 56(c) after a Screening Committee considered four adverse entries in his character roll, including a withholding of integrity. The High Court set aside the …

UNION OF INDIA AND ANR .versusDELHI HIGH COURT BAR ASSOCIATION AND ORS.

2002 INSC 140Appeal(s) allowed

The Supreme Court examined the constitutional validity of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended) after the Delhi High Court had struck it down as violative of Article 14 and as eroding judicial independence. The Court held that Parliament has the …

PADMASUNDARA RAO (DEAD) AND ORS.versusSTATE OF T.N. AND ORS.

2002 INSC 136Disposed off

The case concerned a notification under Section 4(1) of the Land Acquisition Act, 1894 issued before the 1984 amendment, under which a declaration under Section 6(1) was made within the three‑year period but later quashed by the High Court. The State then issued a fresh declaration and the …

SHAMBHU MURARI SINHAversusPROJECT AND DEVELOPMENT INDIA LTD. AND ANR.

2002 INSC 139Appeal(s) allowed

The appellant, a draftsman trainee who rose to General Foreman, applied for voluntary retirement under a scheme effective 12-18 October 1995. The employer accepted the application on 30 July 1997, subject to a later release memo. Before the actual release date, the appellant sent two letters (7 …

SHARDA DEVIversusSTATE OF BIHAR

2002 INSC 137Disposed off

Sharda Devi appealed against the State of Bihar challenging a land acquisition award. The dispute turned on whether a Letters Patent Appeal (LPA) could be filed before a Division Bench of the High Court against the judgment of a Single Judge who had decided an appeal under Section 54 of the Land …

BHATIA INTERNATIONALversusBULK TRADING S.A. AND ANR.

2002 INSC 138Dismissed

Bhatia International entered into a contract with Bulk Trading containing an ICC arbitration clause, agreeing that the arbitration would be held in Paris. Bulk Trading sought an injunction under Section 9 of the Arbitration and Conciliation Act, 1996 in an Indian court to restrain the appellant from …

ASHEESH PRATAP SINGH AND ORS.versusUNION OF INDIA & ORS.

2002 INSC 133Disposed off

The petitioners were students admitted to a private medical college in Uttar Pradesh that was later found to lack the laboratory facilities and faculty required under the 1993 Medical College Regulations. The Supreme Court, recalling its earlier order dated 4 May 2001 directing an inspection by the …

HARBHAJAN SINGHversusPRESS COUNCIL OF INDIA AND ORS.

2002 INSC 135Appeal(s) allowed

Harbhajan Singh, a former editor of the Indian Observer, had served two consecutive three‑year terms as a member of the Press Council of India (1982‑85 and 1985‑88). When the Federation sought to nominate him again for the seventh Council, the Press Council rejected his nomination, relying on …

P.S.E.B. AND ANR.versusWAZIR SINGH

2002 INSC 132Appeal(s) allowed

The Punjab State Electricity Board (PSEB) issued a circular on 19 September 1991 stating that daily wage workers who had completed 500 working days up to a specified cut‑off date and were continuing in service of the Board would be eligible for conversion to work‑charged employees. Wazir Singh, a …

ANIL RATAN SARKAR AND ORS.versusHIRAK GHOSH AND ORS.

2002 INSC 131

The petitioners, laboratory assistants appointed in non‑government colleges in West Bengal, were treated as non‑teaching staff despite performing teaching functions and were denied the pay scale of physical instructors. After a series of writ petitions, the Supreme Court ordered that they be treated …

RAJESH @ RAJU CHANDULAL GANDHI AND ANR.versusSTATE OF GUJARAT

2002 INSC 128Dismissed

The appellants Rajesh and others were convicted under IPC sections 120B, 452 and 302, and the Arms Act for the murder of Girish Namdar, alleged to have been motivated by a love‑affair dispute. They appealed, claiming the First Information Report (FIR) was ante‑timed to plant eye‑witnesses, that the …

A.I. REG. RURAL BANK OFFICERS FED. AND ORS.versusGOVERNMENT OF INDIA AND ORS.

2002 INSC 126Disposed off

The A.I. Regional Rural Bank Officers Federation filed a contempt petition alleging that the Government of India's 11‑April‑2001 notification on pay scales for Regional Rural Bank (RRB) employees contravened the Supreme Court’s earlier judgment in Civil Appeal No. 2218/1999. The notification granted …

FIRST LAND ACQUISITION COLLECTORversusNIRODHI PRAKASH GANGOLI AND ANR.

2002 INSC 129Appeal(s) allowed

The State Government sought to acquire premises for a medical college and, after two earlier notifications were quashed by the Calcutta High Court, issued a third notification under Sections 4(1) and 17(4) of the Land Acquisition Act, 1894, dispensing with the inquiry under Section 5‑A on the ground …

KENDRIYA VIDYALAYA SANGATHAN AND ANR.versusSUBHAS SHARMA

2002 INSC 130Appeal(s) allowed

The employees of Kendriya Vidyalaya filed writ petitions in the Jammu & Kashmir High Court challenging service‑related decisions. The school sought transfer of the petitions to the Central Administrative Tribunal (CAT) on the ground that the Administrative Tribunals Act, 1985 governs such disputes. …

RAJ KUMAR JOHRI AND ANR.versusSTTE OF M.P. AND ORS.

2002 INSC 127Dismissed

The Supreme Court examined the acquisition of over 600 hectares of land in Ujjain, Madhya Pradesh, where a notification under Section 4(1) of the Land Acquisition Act was re‑issued on 21 August 1985, a declaration under Section 6 on 25 July 1986 and an award on 22 July 1988. The High Court had …

IN RE: ARUNDHATI ROY - CONTEMNORversus-

2002 INSC 123Disposed off

The Supreme Court, hearing a suo‑motu criminal contempt petition, examined statements made by writer Arundhati Roy in an affidavit that alleged the Court was acting with bias, silencing dissent and damaging its reputation. The Court held that such statements scandalised the authority of the Supreme …

SRI SHIBU CHANDRA DHARversusSRI PASUPATI NATH AUDDYA

2002 INSC 121Disposed off

Shibu Chandra Dhar, a tenant who purchased the landlord's building, sued Pasupati Nath Auddya for non‑payment of rent and for possession of shop premises under the West Bengal Premises Tenancy Act, 1956. After the suit for specific performance filed by the respondent was dismissed, the respondent …

H.S. JAYANNA AND BROS. AND ORS.versusSTATE OF KARNATAKA AND ORS.

2002 INSC 124Dismissed

The appellants, rice millers and commission agents, challenged the levy of market fee on rice imposed by Marketing Committees under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, arguing that the Karnataka Rice Procurement (Levy) Order, 1984 (a Control Order issued under the …

ASSOCIATION OF INDUSTRIAL ELECTRICITY USERSversusSTATE OF A.P. AND ORS.

2002 INSC 122Dismissed

The Association of Industrial Electricity Users challenged the tariff fixed by the Andhra Pradesh Electricity Regulatory Commission for the financial year 2000-01, contending that the tariff should have been fixed under Section 26(9) and that the Act prohibits classification of consumers or any …

STATE OF PUNJAB AND ANR.versusGRAM PANCHAYAT AND ORS.

2002 INSC 125Dismissed

The State of Punjab sought possession of a parcel of land on the basis that it had vested in the Gram Panchayat and was mutated in its name under the Punjab Village Common Lands (Regulation) Act, 1961. The appellants (Nos. 2 and 3) claimed that the land had been allotted to them earlier, on which …

STATE OF BIHARversusS.A. HASSAN AND ANR.

2002 INSC 118Appeal(s) allowed

The respondents were employees of a private medical college that was taken over by the State of Bihar under the Bihar Private Medical Colleges (Taking over) Act, 1977. After the takeover they continued on an ad‑hoc basis and were later regularised as government employees, receiving pension …

VASANT GANESH DAMLEversusSHRIKANT TRIMBAK DATAR AND ANR.

2002 INSC 119Dismissed

The landlords filed a suit for eviction of the tenant, Vasant Ganesh Damle, on the ground of arrears in rent. The trial court dismissed the suit, but the appellate court reversed the decision, holding the tenant liable for eviction. The tenant contended that he was entitled to protection under …

P.H PUJARversusKANTHI RAJASHEKHAR KIDIYAPPA AND ORS.

2002 INSC 117Appeal(s) allowed

The appellant was elected to the Karnataka Legislative Assembly by a margin of 138 votes. The defeated candidate filed an election petition under Section 81 of the Representation of the People Act, 1951, alleging that the counting supervisors failed to fill the required check memos, that ballot …

KALPATARU AGROFOREST ENTERPRISESversusUNION OF INDIA

2002 INSC 120Appeal(s) allowed

Kalpataru Agroforest Enterprises claimed a refund of excess freight paid to Indian Railways and filed a claim before the Railway Claims Tribunal, which dismissed the claim. The appellant filed a review petition under Section 18(3)(f) of the Railway Claims Tribunal Act, 1987, but the Tribunal …

SHEELA AND ORS.versusFIRM PRAHLAD RAI PREM PRAKASH

2002 INSC 116Disposed off

The case concerned a suit for eviction of a tenant (Sheela et al.) by a partnership firm claiming to be the landlord of a shop premises under the Madhya Pradesh Accommodation Control Act, 1961. The tenant contested the eviction, arguing that the firm was not the owner and that his written statement …

V.C. MOHANversusUNION OF INDIA AND ORS.

2002 INSC 112Appeal(s) allowed

V.C. Mohan was charged under Sections 132 and 135 of the Customs Act for misdeclaration of a Bill of Entry, arrested, and later released on bail. After the investigation, the Customs Department issued a show‑cause notice under Section 124 and the petitioner filed an application before the Settlement …

STATE OF HARYANAversusVIDHYA DHAR

2002 INSC 113Appeal(s) allowed

The State of Haryana charged Vidhya Dhar under Sections 18 and 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of 2.25 kg of opium recovered during a search. The accused was offered the option of a search in the presence of a gazetted officer or magistrate, which he …

GENERAL MANAGER NORTHERN RAILWAYS AND ANR.versusSARVESH CHOPRA

2002 INSC 114Appeal(s) allowed

The appellant, General Manager Northern Railways, entered into a construction contract with the respondent, Sarvesh Chopra, which contained both General and Special Conditions. Disputes arose and the respondent filed a petition under Section 20 of the Arbitration Act, 1940 seeking arbitration of six …

MAHENDRA PALversusSHRI RAM DASS MALANGER AND ORS.

2002 INSC 115Dismissed

In a Himachal Pradesh assembly election, Mahendra Pal (appellant) lost to Ram Dass Malanger (respondent) by three votes. The appellant claimed a discrepancy of eight votes between the total ballots recorded in Form 20‑A (35,310) and the round‑wise count (35,318) and sought a recount under Section …

AYYUB ETC.versusSTATE OF U.P.

2002 INSC 108Case Partly allowed

The appellants, Ayyub and Abdul Jabbar, were convicted by a Designated TADA Court for throwing bombs at a police picket, causing one death and several injuries, and were sentenced under the Terrorist and Disruptive Activities (Prevention) Act (TADA), the Indian Penal Code and the Prevention of …

HARSHAVARDHAN CHOKKANIversusBHUPENDRA N. PATEL AND ORS.

2002 INSC 110Appeal(s) allowed

The appellant, Harshavardhan Chokkani, had a lease from the original landlady to occupy a shop and was permitted to run a partnership business. After the landlady sold the premises, she attorned the tenancy of the partnership firm, Brij Mohan Chokkani & Sons, to the purchasers, who thereafter …

ASHOK KUMAR GUPTAversusVIJAY KUMAR AGRAWAL

2002 INSC 111Dismissed

The appellant, a tenant, filed a suit for injunction against the respondent landlord. The landlord filed a counter‑claim under Order VIII, Rule 6 of the CPC invoking Section 12(1)(e) of the Madhya Pradesh Accommodation Control Act, seeking eviction on the ground of bona‑fide personal requirement. …

HARISINGH M. VASAVAversusSTATE OF GUJARAT

2002 INSC 104Dismissed

Harisingh M. Vasava was charged with murder under IPC 302 for killing a woman who lived with him as his wife. The crime occurred in the house of the complainant, who was a tenant of the deceased and witnessed the attack. The trial court acquitted the accused, holding that the prosecution failed to …

JAWAHAR LAL SAZAWAL AND ORS.versusSTATE OF J AND K AND ORS.

2002 INSC 105Appeal(s) allowed

The appellants were appointed as permanent civil servants of the Jammu & Kashmir State before 1963 and were posted in industrial units. After the incorporation of Jammu & Kashmir Industries Ltd., the Governor issued an instruction entrusting those units to the company, but the appellants continued …

RAM NATH SAO @ RAM NATH SAHU & ORS.versusGOBARADHAN SAO AND ORS.

2002 INSC 106Appeal(s) allowed

The case arose from a partition suit involving 116 acres of land where, during the pendency of a first appeal, several appellants died. Substitution applications were filed after delays of 130 days, three years, and five years. The Patna High Court refused to condone the delay and set aside the …

K. SHEKARversusV. INDIRAMMA AND ORS.

2002 INSC 107Appeal(s) allowed

The case concerned the appointment of K. Shekar as Lecturer and later Assistant Professor at NIMHANS after an initial temporary appointment in the ICMR Centre. The selection committee appointed him to a lower post that had not been advertised, and a subsequent corrigendum converted the temporary …

COMMISSIONER OF CENTRAL EXCISE, DELHIversusM/S. MARUTI UDYOG LTD.

2002 INSC 103Dismissed

M/s. Maruti Udyog Ltd., a motor‑vehicle manufacturer, sold waste and scrap of aluminium and iron‑steel and claimed that no excise duty was payable on such sales. The Commissioner of Central Excise raised a demand for excise duty, which the company contested. The Customs, Excise and Gold (Control) …

S.R EJAZversusTAMIL NADU HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD.

2002 INSC 100Appeal(s) allowed

The appellant, a long‑time tenant, was forcibly evicted by the respondent landlord while an eviction suit was pending. The appellant filed a criminal complaint and, within six months, instituted a suit for restoration of possession under Section 6 of the Specific Relief Act, 1963. The trial court …

V. MUTHUSAMI (DEAD) BY LRSversusANGAMMAL AND ORS.

2002 INSC 101Appeal(s) allowed

The appellant, V. Muthusami (deceased), sued for specific performance of a sale agreement concerning a suit land, asserting that Angammal, a widow, had full ownership of the land. The court examined whether Angammal possessed a pre‑existing right of maintenance under Hindu law, which would give her …

STATE OF KARNATAKA AND ORS.versusSAVEEN KUMAR SHETTY

2002 INSC 99Appeal(s) allowed

The State of Karnataka auctioned the right to retail vend arrack and declared Saveen Kumar Shetty the highest bidder. He deposited the required amount under Rule 13 but failed to furnish security under Rule 17 and to execute the lease deed required by Rule 16. After extending his temporary licence, …

STATE OF U.P.versusKAMARUJJAMA @ MALVA AND ORS.

2002 INSC 98Appeal(s) allowed

The State of Uttar Pradesh appealed against the Allahabad High Court’s order that dismissed its appeal against the trial court’s acquittal of the accused under IPC sections 147, 148, 149 and 302. The High Court had rejected the appeal without providing any reasons, merely stating that there was no …

OM SHANKAR BIYANIversusBOARD OF TRUSTEES, PORT OF CALCUTTA AND ORS.

2002 INSC 97Disposed off

The appellant imported a consignment of bearings and, after customs seized the goods, sought to clear them without paying the port charges and demurrage claimed by the Board of Trustees of the Port of Calcutta. The High Court allowed removal of the goods without payment, but the Board exercised its …

RAMA KANT AND ORS.versusSONA DEVI

2002 INSC 95Appeal(s) allowed

Brothers Rama Kant and others were tenants of a shop owned by Sona Devi. The landlord filed an eviction petition for non‑payment of rent for the period October‑December 1995. The son of one tenant paid the arrears and the landlord accepted the payment without prejudice. The Rent Controller held that …

INDER SAIN MITTALversusHOUSING BOARD HARYANA AND ORS.

2002 INSC 96Appeal(s) allowed

The Housing Board filed civil suits against contractor I.S. Mittal, and the court appointed a Superintending Engineer as arbitrator. The arbitrator was transferred during the proceedings but continued the arbitration and issued an award. The Board objected under Section 30 of the Arbitration Act, …

NARYAN PRASAD LOHIAversusNIKUNJ KUMAR LOHIA AND ORS.

2002 INSC 90Disposed off

The parties agreed to resolve their family business disputes by arbitration with two arbitrators and an award was rendered. The respondents later applied to the Calcutta High Court to set aside the award, arguing that the Arbitration and Conciliation Act, 1996 forbids an even number of arbitrators, …

SUKHBIR SINGHversusSTATE OF HARYANA

2002 INSC 93Case Partly allowed

The case involved Sukhbir Singh, who was convicted of murder (Section 302 IPC) along with eight co‑accused for a fatal assault that arose from a sudden quarrel over mud splashed on him. The prosecution alleged that all nine formed an unlawful assembly with a common object to kill the deceased, …

SHIV DUIT JADIYAversusGANGA DEVI

2002 INSC 94Appeal(s) allowed

In the first suit, the tenant defaulted on rent but deposited the arrears in court under Section 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, and the trial court denied eviction. The landlord appealed, withdrew the appeal, and meanwhile filed a second suit alleging a new …

SRI SWAMI KRISHNANAND GOVINDANANDversusM/S. M.D. OSWAL HOSIERY (REGD.)

2002 INSC 91Dismissed

The appellant, a registered charitable society, sought eviction of the tenant under Section 22(d) of the Delhi Rent Control Act, 1958, claiming a bona‑fide need for the premises. The tenant denied that the appellant was a public institution and that it required the premises. During trial the …

AVTAR SINGHversusSTATE OF HARYANA AND ANR.

2002 INSC 86Dismissed

Avtar Singh, a convicted prisoner, applied to have the period of his parole counted towards his total sentence. The Punjab and Haryana High Court rejected his claim, holding that Section 3(3) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 excludes parole periods from the total …

UNION OF INDIA AND ORS.versusO. CHAKRADHAR

2002 INSC 88Appeal(s) allowed

The Railway Recruitment Board (RRB) Bangalore advertised for Junior Clerk‑cum‑Typist posts and appointed candidates, including the respondent. A CBI investigation later uncovered widespread irregularities—absence of a mandatory typing test, tampering of answer sheets, and procedural …

SAURASHTRA OIL MILLS ASSOCIATION, GUJARATversusSTATE OF GUJARAT AND ANR.

2002 INSC 89Dismissed

The Saurashtra Oil Mills Association challenged Gujarat's 2000 order fixing stock limits for edible oilseeds and edible oils, arguing that the Central Government's 1997 amendment deleting these items from its 1977 Storage Control Order implied repeal of the State's 1981 order and created a …

KARNATAKA ELECTRICITY BOARDversusTHE STATE OF KARNATAKA AND ORS.

2002 INSC 87Appeal(s) allowed

The Supreme Court examined a dispute where Karnataka Electricity Board (KEB) entered into a written agreement with landowners to acquire 21 acres 14 guntas for a power station, agreeing to pay Rs 14,250 per gunta for two‑thirds of the land and to pay solatium fixed by the Land Acquisition Officer …

STATE OF PUNJABversusHARNEK SINGH

2002 INSC 84Appeal(s) allowed

The State of Punjab appealed against a High Court order that quashed FIRs and subsequent proceedings against Harnek Singh, alleging that the investigations were conducted by police officers not authorized under the Prevention of Corruption Act, 1988. The accused had been investigated under …

THE RANGE FOREST OFFICERversusS.T. HADIMANI

2002 INSC 85Disposed off

The workman, S.T. Hadimani, claimed that he had rendered service for 240 days in the relevant year and that his employment was terminated without payment of retrenchment compensation. The employer, the Range Forest Officer, denied that the workman had completed the requisite 240 days. The Labour …

ALLARAKHA K. MANSURIversusSTATE OF GUJARAT

2002 INSC 80Dismissed

Allarkha K. Mansuri was charged with murder under Sections 302, 504 and 114 IPC for allegedly stabbing Abdul Karim Ali Mohamed with a dharia. The trial court acquitted him, relying on alleged discrepancies in the FIR, the time of death, weapon identification and the alleged lateness of statements …

BALDEV SINGH GANDHIversusSTATE OF PUNJAB AND ORS .

2002 INSC 81Appeal(s) allowed

Baldev Singh Gandhi, an elected municipal councillor, publicly criticised the house‑tax assessment list prepared by the Municipal Council of Jandiala Guru, using pamphlets, loud‑speakers and inviting taxpayers to discuss grievances. The Punjab State Government claimed his actions caused difficulty …

MAM CHAND PALversusSMT. SHANTI AGARWAL

2002 INSC 82Appeal(s) allowed

The Supreme Court examined a dispute between tenant M.C. Pal and landlady Smt. Shanti Agarwal concerning eviction under the U.P. Urban Building (Regulation, Letting and Eviction) Act, 1972. The key question was the meaning of "date of first hearing" for the purpose of Section 20(4), which shields a …

LAND ACQUISITION OFFICER-CUM-DSWO, A.P.versusB.V. REDDY AND SONS

2002 INSC 79Appeal(s) allowed

The land of the respondents was acquired under the Land Acquisition Act, 1894; the Collector awarded Rs 11,000 per acre while the claimants demanded Rs 30,000‑30,000 per acre. A reference court fixed the market value at Rs 75,000 per acre but, relying on the pre‑1984 Section 25, limited compensation …

STATE OF PUNJABversusJUGRAJ SINGH AND ORS.

2002 INSC 83Appeal(s) allowed

On 23 October 1989, two nephews of Hardip Singh were shot dead by Jugraj Singh and his accomplices who were armed with guns and a gandasa. The prosecution presented the two surviving relatives as eye‑witnesses, supported by a post‑mortem report that identified gun‑shot injuries, and the trial court …

RAN SINGH MALIKversusSTATE OF HARYANA AND ORS.

2002 INSC 78Dismissed

The appellant, appointed as Deputy Director (Feed and Fodder) in 1987, claimed that his post was a regular Class I veterinary cadre post and sought the revised pay scales of 1987 and 1988 and seniority over two respondents appointed later to cadre posts. The State argued that the post was an …

INDIA AUTOMOBILES (1960) LTD.versusCALCUTTA MUNICIPAL CORPORATION AND ANR.

2002 INSC 76Disposed off

India Automobiles (1960) Ltd., the owner of a nine‑storey commercial building, leased the premises to a tenant who sub‑let parts of it. The Calcutta Municipal Corporation fixed the annual value of the property under Section 174 of the Calcutta Municipal Corporation Act, 1980, by taking into account …

U.P. AVAS EVAM VIKAS PARISHADversusRAM KRISHNA AND ORS.

2002 INSC 77Disposed off

The Uttar Pradesh Avas Evam Vikas Parishad (the Board) framed a housing scheme in a development area declared under the Uttar Pradesh Planning and Development Act, 1973. The scheme was notified under Section 28 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 in 1980, and the State …

GOVERNMENT OF HARYANAversusHARYANA BREWERY LTD. AND ANR.

2002 INSC 75Appeal(s) allowed

The Government of Haryana issued a show‑cause notice demanding excise duty on beer brewed by Haryana Brewery Ltd, alleging that the wastage in the brewing process exceeded the statutory allowance. The brewery contended that duty could be levied only after the beer became fit for human consumption …

GURBAX SINGHversusKARTAR SINGH AND ORS.

2002 INSC 74Dismissed

Jamail Singh executed two sale deeds on the same day, one (Ex P-2) at 10:00 a.m. and the other (Ex D-1) with no time recorded. Lower courts found that Ex P-2 was executed earlier and therefore should have priority over Ex D-1. The Punjab and Haryana High Court affirmed this finding and dismissed the …

A.V. MURTHYversusB.S. NAGABASAVANNA

2002 INSC 71Appeal(s) allowed

The appellant, along with two friends, advanced Rs 7.5 lakhs to the respondent about four years before the respondent issued a cheque on 30‑03‑1998, which was later dishonoured. The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, and the magistrate issued …

SI ABIR AHMADversusSHAM LAL AND ANR.

2002 INSC 72Appeal(s) allowed

The appellant, Shabir Ahmad, was a tenant of the first floor of a "shop‑cum‑flat" premises in Chandigarh, which he used exclusively as a hair‑dressing salon. The landlords filed an eviction petition under Section 13(3)(a)(i)(a) of the East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, …

J.J. LAL PVT. LTD. AND ORS.versusM.R. MURALI AND ANR.

2002 INSC 73Appeal(s) allowed

The landlords sought eviction of the tenants under Section 10(2)(vii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, alleging non‑payment of rent and a denial of the landlords' title that was not bona‑fide. The tenants counter‑claimed that the municipal corporation, not the …

CHANDER PALversusTHE STATE OF HARYANA

2002 INSC 70Appeal(s) allowed

The case concerned the murder of Ravinder Kumar on 1 August 1992. The prosecution alleged that Chander Pal (appellant‑1) and Rajinder (appellant‑2) stabbed the deceased, relying primarily on the testimony of the victim's brother (PW‑1) and a tea‑stall owner (PW‑2), while other key witnesses such as …

SUBRATA ACHARJEE AND ORS.versusUNION OF INDIA AND ANR.

2002 INSC 68Dismissed

The petition challenged the constitutional validity of the Constitution (Seventy‑second Amendment) Act, 1992 which inserted sub‑Article (3B) into Article 332, providing that seats for Scheduled Tribes in the Tripura Legislative Assembly would be reserved based on the existing number of ST members …

WEST U.P. SUGAR MILLS ASSOCIATION AND ORS.versusSTATE OF U.P. AND ORS.

2002 INSC 69Appeal(s) allowed

The West U.P. Sugar Mills Association and other sugar factories challenged a circular issued by the Uttar Pradesh Cane Commissioner that, after the expiry of a temporary amendment (Rule 49) prescribing a society commission of 2.69% of the minimum statutory cane price, the commission should revert to …

GANANATH PATTANAIKversusSTATE OF ORISSA

2002 INSC 66Appeal(s) allowed

The wife, Rashmirekha, hanged herself at home, leading her father to file an FIR alleging that her husband, Ganatanii Paitanaik, and his family murdered her over dowry demands. The trial court acquitted the husband of the dowry‑death charge (Sec. 304B IPC) but convicted him under Sec. 498A IPC for …

KASHIBEN BHIKABAI AND ORS.versusSPECIAL LAND ACQUISITION OFFICER AND ANR.

2002 INSC 67Case Partly allowed

The appellants, owners of land acquired under Section 4 of the Land Acquisition Act, 1894, challenged the compensation awarded by the Special Land Acquisition Officer. The Reference Court enhanced the compensation, granted a 30% statutory solatium under Section 23(2) and an additional amount under …

FAZLE RABversusMOHD. YAKEEN

2002 INSC 64Appeal(s) allowed

Fazlerab, a co‑sharer of a village property that had become part of the municipal limits of Tanda, sued Mohd. Yakeen claiming a customary right of pre‑emption under the Oudh Lands Act, 1876. The trial court upheld the right, but the High Court reversed, holding that the custom did not apply in towns …

IN RE: DEA TH OF 25 CHAINED INMATES IN ASYLUM FIRE IN TAMIL NADUversus.

2002 INSC 63Disposed off

A tragic fire at a mental asylum in Ervadi, Tamil Nadu, killed 25 chained patients, prompting the Supreme Court to take suo motu action under Article 32. The Court examined the failure of the Central and State governments to implement the Mental Health Act, 1987 and related disability statutes, …

SMT. SUSHILA RANIversusCOMMISSIONER OF INCOME TAX AND ANR.

2002 INSC 61Appeal(s) allowed

The appellant, widow of the original assessee, filed KVSS declarations for three assessment years and obtained a certificate under Section 90(1) of the Kar Vivad Samadhan Scheme determining tax arrears, followed by a Section 90(2) certificate granting immunity. After depositing the assessed amount, …

GURDIAL SINGH AND ORS.versusRAJ KUMAR ANEJA AND ORS.

2002 INSC 62Appeal(s) allowed

The owners of a commercial complex leased the premises to Goyal under a registered deed that expressly prohibited sub‑letting without the landlord’s written consent. Goyal subsequently allowed two occupants to occupy parts of the premises. The owners filed an eviction petition under Section …

KOLUTHARA EXPORTS LTD.versusST ATE OF KERALA AND ORS.

2002 INSC 59Appeal(s) allowed

Koluthara Exports Ltd., a dealer engaged in buying and exporting fish, was served with a notice under Section 4(2) of the Kerala Fishermen's Welfare Fund Act, 1985 requiring it to contribute one per cent of its sales proceeds to a welfare fund for fishermen. The company challenged the constitutional …

DEEPAK KUMARversusRAVI VIRMANI AND ANR.

2002 INSC 60Case Partly allowed

The Supreme Court examined the murder of four family members allegedly committed by Ravi Virmani, who was convicted and sentenced to death by the Sessions Court and later to life imprisonment by the High Court. The prosecution's case relied mainly on the testimony of the two surviving brothers, …

RATAN LAL JAIN AND ORS.versusUMA SHANKAR VYAS AND ORS.

2002 INSC 57Dismissed

The plaintiffs, owners of a plot of land, leased it to the respondents who built a commercial complex and sub-let the shops. After the respondents defaulted on lease premium, the plaintiffs sued for arrears and eviction. The trial court decreed actual possession against the respondents and only …

RAGHURAM RAO AND ORS.versusERIC P. MATHIAS AND ORS.

2002 INSC 58Appeal(s) allowed

The case concerned a permanent mulgeni lease of about 40 cents of land granted in 1903 with an express clause prohibiting the lessee from alienating the whole leasehold property, but without any clause restricting partial alienation. After the lessee's death, the leasehold was partitioned among …

G.N. NAYAKversusGOA UNIVERSITY AND ORS.

2002 INSC 52Appeal(s) allowed

The case concerned the appointment of G.N. Nayak as Professor of Marine Science at Goa University. Two advertisements (1994 and 1995) prescribed minimum qualifications, including ten years of teaching or research experience, and the 1995 notice altered the additional qualifications. The respondent …

KONDA LAKSHMANA BAPUJIversusGOVT. OF ANDHRA PRADESH AND ORS.

2002 INSC 53Dismissed

The appellant claimed title to a two‑acre parcel of land in Hyderabad based on an unregistered 1954 perpetual lease and a later registered lease, asserting that he had acquired ownership by adverse possession. The State of Andhra Pradesh, asserting that the land was Government property, invoked the …

MOOL CHAND BAKHRU AND ANR.versusROHAN AND ORS.

2002 INSC 54Appeal(s) allowed

The appellants, owners of a house in Solan, had allowed their uncle Bhagwan Dass to occupy the property as a licensee. Bhagwan Dass later claimed that the appellants had agreed to sell him half of the property and that, under Section 53-A of the Transfer of Property Act, he could retain possession …

HARYANA FINANCIAL CORPORATION AND ANR.versusM/S. JAGDAMBA OIL MILLS AND ANR.

2002 INSC 51Appeal(s) allowed

The Haryana Financial Corporation (HFC) granted a loan of Rs 7.48 lakh to Jagdamba Oil Mills under the State Financial Corporation Act, 1951, to be repaid in instalments. The borrower repeatedly defaulted despite two reschedulings, prompting HFC to recall the loan under Section 30 and take …

J.G. ENGINEER'S PVT. LTD.versusCALCUTTA IMPROVEMENT TRUST AND ANR.

2002 INSC 48Appeal(s) allowed

J.G. Engineer's Pvt. Ltd., a contractor, had its contract with Calcutta Improvement Trust (CIT) terminated on the basis of an engineer's certificate alleging non‑completion of work. The dispute was referred to arbitration, where the arbitrator held that the termination was wrongful and awarded the …

KAILASH CHANDRA AND ANRversusMUKUNDI LAL AND ORS.

2002 INSC 49Appeal(s) allowed

The Municipal Board leased premises to the respondents, who sublet them to the appellants. After the lease expired, the Board demanded rent, and the appellants deposited the rent in court under Section 30(2) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, citing …

ABDUL RASAK AND ORS.versusKERALA WATER AUTHORITY AND ORS.

2002 INSC 50Disposed off

The State of Kerala acquired land for its Public Health Engineering Department under the Land Acquisition Act, 1894, and the Collector made a compensation award in 1986. Claimants sought enhancement of compensation before a civil court, which rendered awards between 1989 and 1991. In 1984 the Kerala …

KHAZAN SINGH (DEAD) BY LRS.versusUNION OF INDIA

2002 INSC 46Appeal(s) allowed

The land of the deceased Khazan Singh was acquired under the Land Acquisition Act, 1894 and an award fixing compensation was made by the Collector. Dissatisfied, Khazan Singh filed an application under Section 18 of the Act for a reference to a Civil Court, which the Collector made. The Civil Court …

M/S KUNSTOCOM ELECTRONICS (I) PVT. LTD.versusGILT PACK LTD. AND ANR.

2002 INSC 47Appeal(s) allowed

The respondent entered into a contract through the appellant to purchase 1500 MT of polypropylene, but only 50 MT were delivered and the appellant claimed unforeseen circumstances for the shortfall. The respondent filed a private complaint alleging cheating under Section 420 IPC, claiming a loss of …

I.T.C. LIMITEDversusAGRICULTURAL PRODUCE MARKET COMMITTEE AND ORS.

2002 INSC 44Disposed off

The Constitution Bench examined whether the Parliament’s Tobacco Board Act, 1975 (under Entry 52 of List I) validly covers the sale of raw tobacco and whether State Agricultural Produce Markets Acts (under Entry 28/66 of List II) can levy market fees on tobacco. The Court held that the word …

SHAIK SAIDULU @ SAIDAversusCHUKKA YESU RATNAM AND ORS.

2002 INSC 41Appeal(s) allowed

The Supreme Court considered two appeals challenging High Court orders that dismissed election petitions filed under the Hyderabad Municipal Corporation Act, 1955 on the ground of limitation. The petitioners, Shaik Saidulu @ Saida and Gogineni Sujatha, had filed petitions after the prescribed …

M.V. RAJASHEKARAN AND ORS.versusVATAL NAGARAJ AND ORS.

2002 INSC 42Appeal(s) allowed

The Karnataka Government appointed Vatal Nagaraj as Chairman of a One Man Commission to study the problems of Kannadigas in border areas and accorded the post cabinet rank with a budgetary allocation of Rs.5 lakh for expenses. When Nagaraj filed his nomination for the Karnataka Legislative Council, …

MAULESHWAR MANI AND ORS.versusJAGDISH PRASAD AND ORS.

2002 INSC 43Appeal(s) allowed

Jamuna Prasad executed a Will in 1956 bequeathing his entire movable and immovable property, including Bhumadhari land, to his second wife Sona Devi with a right of alienation, and thereafter to the nine sons of his daughters from both wives. After the deaths of Jamuna Prasad (1961) and Sona Devi …

LEHNAversusSTATE OF HARYANA

2002 INSC 39Appeal(s) allowed

Lehna was convicted of murder (Sec. 302 IPC), attempt to murder (Sec. 324 IPC) and assault (Sec. 458 IPC) for killing his mother, brother and sister‑in‑law and injuring his father and nephew during a family land dispute. The trial court sentenced him to death, which the High Court confirmed. On …

PAUL GEORGEversusSTATE

2002 INSC 37Appeal(s) allowed

The appellant, Paul George, was convicted under Sections 279 and 304A of the IPC and sentenced to fine and imprisonment. He appealed, and the High Court dismissed his criminal revision under Section 397 of the CrPC by a non‑speaking order stating merely that no illegality, impropriety or …

P. PURUSHOTTAM REDDY AND ANR.versusM/S PRATAP STEELS LTD.

2002 INSC 38Appeal(s) allowed

The appellants (vendors) entered into a sale agreement with the respondent (buyer) for Rs.40.25 lakh, conditioning the sale on obtaining clearance under the Urban Land (Ceiling and Regulation) Act, 1976 by a stipulated date. When the clearance was not obtained, the vendors cancelled the agreement …

SHALINIversusKURUKSHETRA UNIVERSITY AND ANR.

2002 INSC 33Disposed off

Ms. S. Janani, a B.Sc. Home Science student, failed her April 2000 examination and applied for re‑evaluation within 20 days of the result but without the original detailed marks card (DMC). The university rejected the application, and after receiving the DMC on 6 Nov 2000 she re‑applied on 8 Nov …

UNITED INDIA INSURANCE CO. LTD.versusBHUSHAN SACHDEVA AND ORS.

2002 INSC 34Disposed off

The Motor Accident Claims Tribunal awarded Rs. 12.53 lakh in compensation for a 1994 accident, directing United India Insurance Co. to pay the amount jointly with the driver, while the insured driver did not appeal. United India Insurance Co. filed a revision petition under Article 227 of the …

OM PRAKASH GUPTAversusRANBIR B. GOYAL

2002 INSC 35Dismissed

The appellant, a tenant, was evicted by decree for non-payment of rent. He sought relief on the ground that a subsequent event – the Haryana Urban Development Authority's (HUDA) resumption proceedings against the landlord – had been set aside, claiming that this extinguished the landlord's title and …

JAIPUR ZILA SAHAKARI BHOOMI VIKAS BANK LTD.versusSHRI RAM GOPAL SHARMA AND ORS.

2002 INSC 29Dismissed

The Supreme Court examined the dismissal of Ram Gopal Sharma by Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd while an industrial dispute was pending. The employer had filed an application for approval of the dismissal under the proviso to Section 33(2)(b) of the Industrial Disputes Act, 1947, but the …

NEW INDIA ASSURANCE CO. LTD.versusC.M. JAYA AND ORS.

2002 INSC 30Appeal(s) allowed

The Supreme Court considered appeals by New India Assurance Co. Ltd. against a Delhi High Court order that held the insurer liable for the full compensation awarded to third‑party claimants in a motor accident. The issue was whether an insurer that has not taken on higher liability by receiving a …

M/S. ORISSA TEXTILE AND STEEL LTD.versusSTATE OE ORISSA AND ORS.

2002 INSC 31Directions issued

The Supreme Court examined the constitutional validity of the amended Section 25‑0 of the Industrial Disputes Act, 1947 (and the identical Section 6‑W of the U.P. Industrial Disputes Act) which governs the closure of large industrial undertakings. The Court considered whether the procedural and …

PANDURANG KALU PATIL AND ANR.versusSTATE OF MAHARASHTRA

2002 INSC 32Disposed off

A1, A2 and A3, armed with guns, chased Ramdas and his brother Narayan and shot them; Ramdas died while Narayan survived. The trial court convicted A1 and A3 for murder under s.302 IPC, A2 for attempt to murder under s.307 IPC and acquitted A4 and A6 who carried knives. The High Court upgraded A2’s …

STATE OF KARNATAKAversusM. DEVENDRAPPA AND ANR.

2002 INSC 28Appeal(s) allowed

The State of Karnataka charged M. Devendarappa and another with forging bank guarantees and impersonating a bank manager, invoking IPC sections 465, 468, 471, 420 and 120‑B. The Karnataka High Court, exercising its inherent power under Section 482 of the CrPC, quashed the proceedings on the ground …

STATE OF HARYANAversusRAM SINGH

2002 INSC 25Case Partly allowed

The State of Haryana prosecuted several accused for the murder of Manphool under Sections 302, 149 and 201 IPC. The trial court convicted all, but the High Court acquitted Ram Singh, citing inconsistencies between his thumb‑marked disclosure statement and his arrest date, and gave him the benefit of …

SYNCO INDUSTRIESversusSTATE BANK OF BIKANER AND JAIPUR AND ORS.

2002 INSC 24Dismissed

Synco Industries filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) alleging that State Bank of Bikaner and Jaipur had frozen its sanctioned working facilities without prior notice, seeking damages of Rs. 15 crore and additional expenses of Rs. 60 lakh. The NCDRC …

STATE OF HARYANAversusSTATE OF PUNJAB AND ANR.

2002 INSC 26Directions issued

After the bifurcation of Punjab in 1966, the Government of India allocated 3.5 MAF of Ravi‑Beas water to Haryana under a 1976 notification. Haryana could not draw its share through the existing Bhakra Main Line Canal and therefore proposed the Sutlej‑Yamuna Link (SYL) Canal, completing its portion …

SUGANTHI SURESH KUMARversusJAGDEESHAN

2002 INSC 27Disposed off

The complainant S.S. Kumar filed a criminal revision against the conviction of Jagdeeshan under Section 138 of the Negotiable Instruments Act for two dishonoured cheques amounting to Rs. 4,50,000. The trial magistrate sentenced the accused to imprisonment till the rising of the court and a fine of …

KARNATAKA STATE ROAD TRANSPORT CORPORATIONversusASHRUFULLA KHAN AND ORS.

2002 INSC 22Appeal(s) allowed

The Karnataka State Road Transport Corporation (KSRTC) challenged the grant of a stage‑carriage permit to private operators Ashrufulla Khan et al. for a route that overlapped a small portion of a notified route covered by a scheme of total exclusion prepared under Chapter IVA of the Motor Vehicles …

NIRMA LTD.versusM/S. LURGI LENTJES ENERGIETECHNIK GHBH AND ANR.

2002 INSC 23Dismissed

Nirma Ltd. filed a Special Leave Petition under Article 136 of the Constitution seeking to appeal an order of the City Civil Court, Ahmedabad, which had decided an appeal under sub‑section (2) of Section 37 of the Arbitration and Conciliation Act, 1996. The petition raised the question of whether a …

M.P. ELECTRICITY BOARDversusSHAIL KUMARI AND ORS.

2002 INSC 21Dismissed

The Madhya Pradesh Electricity Board (MPEB) was sued by the dependents of a workman who died after riding over a live electric wire that had fallen on a rain‑soaked road. The Board argued that the wire fell because a third party had illegally tapped the line, invoking the "act of a stranger" …

VASHU DEOversusBAL KISHAN

2002 INSC 18Dismissed

The appellant, Vashu Deo, was a sub‑tenant of Bal Kishan who had leased a shop from the Sarvjanik Sampati Trust under the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The appellant fell into rent arrears and Bal Kishan sued him for recovery of rent and eviction, while the Trust …

AMAR NATH CHOWDHURYversusBRAITHWAITE AND CO. LTD. AND ORS.

2002 INSC 19Appeal(s) allowed

Amar Nath Chowdhury, an employee of Braithwaite & Co. Ltd., was removed from service by the Disciplinary Authority, who was also the Chairman‑cum‑Managing Director of the company. He appealed the removal before the Board of Directors, but the same Chairman‑cum‑Managing Director presided over and …

GANESH TRIVEDIversusSUNDAR DEVI AND ORS.

2002 INSC 20Dismissed

Ganesh Trivedi bought a residential premises in Kanpur from landlord Jagdamba Prasad Awasthi. The premises had been let to Suraj Prasad, who died in 1985 leaving his brother Deo Narain as the sole heir and occupant. Vikas Shukla applied to the Rent Controller to have the premises declared "deemed …

KEDARNATHversusMOHAN LAL KESAWARI AND ORS.

2002 INSC 16Appeal(s) allowed

The landlord filed a suit in the Allahabad Court of Small Causes under the U.P. Urban Buildings Act for arrears of rent and eviction, which was decreed ex‑parte and executed. The tenants applied under Order 9 Rule 13 of the CPC to set aside the decree but neither deposited the decretal amount nor …

G.V.N. KAMESWARA RAOversusG. JABILLI

2002 INSC 17Appeal(s) allowed

G.V.N. Kameswara Rao, a double‑doctorate holder working abroad, married G. Jabilli in 1979. Their marriage quickly became strained, with the wife returning to India and the couple living apart for years. Rao filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955, alleging mental …

PREM BAKSHI AND ORS.versusDHARAM DEV AND ORS.

2002 INSC 11Appeal(s) allowed

The appellants, legal heirs of mortgagees, filed a suit for declaration of joint ownership of mortgaged land and an injunction against the respondent who had his name entered in revenue records. They later sought to amend the plaint under Order 6 Rule 17 CPC to include facts about a prior …

CHANDIGARH HOUSING BOARD AND ANR.versusGURMIT SINGH

2002 INSC 12Disposed off

Respondent Gurmit Singh applied for a flat under the Chandigarh Housing Board’s 1976 regulations, claiming to be a domicile of the Union Territory of Chandigarh but failed to produce a domicile certificate. The Board repeatedly requested proof of domicile; when none was furnished, it cancelled the …

NATIONAL INSURANCE CO. LTD.versusSKY GEMS

2002 INSC 13Disposed off

The appellant National Insurance Co. Ltd. issued two insurance policies covering consignments of precious stones exported by the respondent Sky Gems on a CIF basis, with the sum insured expressed in Pounds Sterling and the claim payable at London. The consignments were lost in transit, and Sky Gems …

STATE OF MAHARASHTRAversusASSN. OF COURT STENOS, P.A., P.S. AND ANR.

2002 INSC 10Appeal(s) allowed

Court stenographers, personal assistants and personal secretaries of the Bombay High Court claimed that their pay should be equal to that of senior personal assistants to the Chief Secretary after the Fifth Central Pay Commission. The Bombay High Court, invoking the principle of "equal pay for equal …

MADHUKAR D. SHENDEversusTARABAI ABA SHEDAGE

2002 INSC 14Appeal(s) allowed

The plaintiff, Madhukar D. Shende, claimed title to a suit property based on a registered will executed by the deceased Bhagubai in favour of her niece Chingubai, which was later transferred to the plaintiff. The defendant, Tarabai Abashedage, contested the will, alleging oral gift and adverse …

MIS. SHRIKRISHNA OIL MILLversusMIS. RADHAKRISHNAN RAMCHANDRA

2002 INSC 15Appeal(s) allowed

The appellant tenant occupied premises on a yearly lease and continued after the lease expired. The landlord filed a civil suit for arrears of rent covering 1 November 1978 to 29 September 1981, which the tenant paid and the landlord accepted before the landlord filed an eviction application under …

SAVITRI PANDEYversusPREM CHANDRA PANDEY

2002 INSC 5Dismissed

The Supreme Court examined an appeal by Savitri Pandey and her husband P.C. Pandey challenging a High Court order that set aside a Family Court decree of divorce on the grounds of desertion and cruelty. The wife had alleged that her husband had subjected her to cruelty and had deserted her after …

KAMALNATHversusSUDESH VERMA

2002 INSC 6Appeal(s) allowed

Kamalnath, who was elected from the Chhindwara Lok Sabha constituency, was challenged by Sudesh Verma through an election petition alleging a corrupt practice under Section 123(6) of the Representation of the People Act, 1951 for exceeding the prescribed expenditure ceiling. The Madhya Pradesh High …

DILAWAR BALU KURANEversusSTATE OF MAHARASHTRA

2002 INSC 7Appeal(s) allowed

The appellant, a lecturer of a private college affiliated to Shivaji University, was accused of accepting Rs. 400 to inflate a student's exam marks. An FIR was lodged seven days after the alleged incident, no incriminating material was seized, and witness statements were recorded ten months later. …

HARISH CHANDRA TIWARIversusBAIJU

2002 INSC 8Disposed off

Harish Chandra Tiwari, an advocate, withdrew Rs 8118 compensation payable to his client Baiju in a land‑acquisition case and failed to return it. He further filed a forged affidavit claiming a settlement with the client. The Disciplinary Committee of the Bar Council of India found him guilty of …

DARSHAN SINGH AND ORS.versusGUJJAR SINGH (DEAD) BY LRS. AND ORS.

2002 INSC 9Appeal(s) allowed

The Supreme Court examined a suit by Gujjar Singh, a sixth‑degree collateral of Jagjit Singh, seeking declaration of his right to succeed to Jagjit Singh's land. The trial court had dismissed the suit on the ground that the appellants (descendants of Rulia Singh) were in adverse possession, but the …

STATE OF WEST BENGAL AND ANR.versusWEST BENGAL GOVT. PENSIONERS ASSOCIATIONS AND ORS.

2002 INSC 1Appeal(s) allowed

The State of West Bengal revised the pay scales of its government employees effective 1 January 1986 under the West Bengal Services (Revision of Pay & Allowances) Rules, 1990, and issued a memorandum in 1990 to compute pension for retirees on the basis of the notionally revised scales. Pre‑1986 …

MD. ISRAILS AND ORS.versusSTATE OF WEST BENGAL AND ORS.

2002 INSC 2Appeal(s) allowed

The appellants were direct recruits appointed as Employment Officers in West Bengal between 1976 and 1982, while respondents 6‑30 were promoted on an adhoc basis in 1978‑79 with a six‑month tenure and a clause that the promotion was subject to West Bengal Public Service Commission (PSC) approval. …

STATE OF PUNJABversusTEHAL SINGH AND ORS.

2002 INSC 3Appeal(s) allowed

The Punjab Government issued notifications under Sections 3 and 4 of the Punjab Panchayati Raj Act, 1994 to declare the territorial area of a new Gram Sabha (Khanpur) and to establish it, thereby excluding parts of the existing Gram Sabha (Wazidpur). Sarpanch and a Gram Panchayat member of Wazidpur …

UNION OF INDIAversusBHAGWATI PRASAD (D) AND ORS.

2001 INSC 137Dismissed

A taxi collided with a passenger train at a railway crossing, causing deaths and injuries. The claimants filed applications under Section 110-A of the Motor Vehicles Act, 1939 for compensation against the taxi insurer and the Railway Administration. The Railway Administration argued that the Motor …

MICHAEL B. FERNANDESversusC.K. JAFFER SHARIEF AND ORS .

2001 INSC 88Dismissed

The appellant filed an election petition challenging the election of respondent No.1 to the Lok Sabha and impleaded the Election Commissioner, Returning Officer and Chief Electoral Officer as respondents. The High Court ordered their deletion, holding that Section 82 of the Representation of the …