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Judgments of 2003

752 judgments · newest first · showing 1–200

GANGA RETREAT AND TOWERS LTD. AND ANR.versusSTATE OF RAJASTHAN AND ORS.

2003 INSC 741Dismissed

The appellants, Ganga Retreat and Towers Ltd., bought a prime property at a public auction on the basis that it was free‑hold, ceiling‑free and had a Floor Area Ratio (FAR) of 2.0. After paying the full consideration, they obtained possession and applied for building‑plan approval, but the municipal …

RADHA RAMAN SAMANTAversusBANK OF INDIA AND ORS.

2003 INSC 742Appeal(s) allowed

R.R. Samanta was appointed as a Badli Subordinate Staff/Sepoy in the Bank of India and worked for about 492 days before being asked to stop. He filed a writ petition under Article 226 of the Constitution seeking direction for his absorption as a regular employee. The High Court Single Judge allowed …

CHANAKYA DHIBAR (DEAD)versusSTATE OF WEST BENGAL AND ORS.

2003 INSC 743Appeal(s) allowed

The case concerns the murder of Jaba Dhibar on 16 September 1985, for which five accused were convicted by the trial court under Sections 148 and 304 Part I read with Section 149 of the IPC. The Calcutta High Court acquitted the accused, disbelieving the testimony of two eye‑witnesses (PW‑3 and …

VIDEOCON PROPERTIES LTD.versusDR. BHALCHANDRA LABORATORIES AND ORS.

2003 INSC 744Appeal(s) allowed

Videocon Properties Ltd. entered into a sale agreement with Dr. Bhalchandra Laboratories, paying Rs 38 lakhs as "deposit or earnest money". The sellers failed to fulfil their obligations, prompting Videocon to terminate the contract and demand a refund with 21% interest as per Clause 2.3. The …

HOWRAH MUNICIPAL CORPN. AND ORS.versusGANGES ROPE CO. LTD. AND ORS.

2003 INSC 745Appeal(s) allowed

The Ganges Rope Co. applied to the Howrah Municipal Corporation for sanction to construct a seven‑storey building. The corporation failed to decide within the statutory 60‑day period, prompting the High Court to order a sanction up to the fourth floor and to allow the company to seek further …

M/S. TERI OAT ESTATES (P) LTD.versusU.T. CHANDIGARH AND ORS.

2003 INSC 746Disposed off

The appellant, M/s. Teri Oat Estates, purchased a lease‑hold site in Chandigarh and constructed a six‑storey building but failed to pay the instalments and ground rent on time, leading the Estate Officer to invoke Section 8‑A of the Capital of Punjab (Development and Regulation) Act, 1952 and cancel …

STATE OF MANIPUR AND ANR.versusR.K. MANIKANTA SINGH AND ORS.

2003 INSC 747Disposed off

The State of Manipur appealed a High Court judgment that had directed monetary benefits for R.K. Manikanta Singh, a retired Additional Chief Engineer, based on a 1999 order relaxing eligibility criteria for promotion. Singh had been granted a relaxation under Rule 5 of the 1993 Recruitment Rules, …

F.M. DEVARU GANAPATI BHATversusPRABHAKAR GANAPATHI BHAT

2003 INSC 748Dismissed

Mahadevi, the donor, executed a gift deed in 1947 transferring ancestral property to her nephew (the appellant) and stipulating that any male children later born to his parents would become joint holders. At the time of execution the appellant was a minor and the respondent (the younger brother) was …

BOARD OF SECONDARY EDUCATION OF ASSAMversusMD. SARIFUZ ZAMAN AND ORS.

2003 INSC 749Appeal(s) allowed

A student discovered that his date of birth was incorrectly recorded on the Board of Secondary Education, Assam certificate and applied for correction eight years after the certificate was issued. The Board, relying on Regulation 8, rejected the application because it was filed beyond the three‑year …

STATE OF ANDHRA PRADESHversusK. SRINIVASULU REDDY AND ANR.

2003 INSC 733Appeal(s) allowed

The State of Andhra Pradesh prosecuted K. Srinivasulu Reddy and others for the murder of Gangi Reddy, alleging a conspiracy driven by property disputes. The trial court convicted A-1 and A-2 under Section 302 IPC, finding a common intention to kill, while acquitting A-3 and A-4 and dismissing a …

SHAMSUDDIN AND ORS.versusSTATE OF M.P.

2003 INSC 734Dismissed

The case arose from communal disturbances in Sandhwa, Madhya Pradesh on 21 October 1990, where the deceased Rajunath was killed and Narish Chandra (PW‑1) was seriously injured. The accused, Shamsuddin and others, were charged under Sections 302 and 307 read with Section 34 of the IPC. The trial …

RAM SWAROOP AND ANR.versusMAHINDRU AND ORS.

2003 INSC 735Appeal(s) allowed

The plaintiff Krishan Dutt sued for a one‑third share and partition of land that his father had allegedly inherited from his brother‑in‑law after the widow Gangi remarried the brother Bala Ram, invoking a custom of "illaqua" whereby a widow’s property passes to the brother she marries. The …

UNION OF INDIA AND ORS.versusC. KRISHNA REDDY

2003 INSC 736Case Partly allowed

The Union of India appealed against a Madras High Court order directing payment of a reward to informant C. Krishna Reddy for information that led to customs duty evasion proceedings. The respondent claimed a reward of Rs.1,71,43,272, while the department had sanctioned only Rs.10 lakh. The Supreme …

K. BALAKRISHNANversusK. KAMALAM AND ORS.

2003 INSC 737Case Partly allowed

The mother executed a registered gift deed in 1945 transferring an 1/8 share of her property to her minor son and daughter, while reserving possession and enjoyment for herself during her lifetime. After the son attained majority, the mother cancelled the gift deed in 1970 and executed a will …

HARISHCHANDRA HEGDEversusSTATE OF KARNATAKA AND ORS.

2003 INSC 738Dismissed

The appellant purchased a two‑acre parcel of land granted to Smt. Gangamma in 1961 and invested in improvements. The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, which came into force in 1979, declares any transfer of such granted land in …

E.A. SATHY ANESANversusV.K. AGNIHOTRI AND ORS.

2003 INSC 739Appeal(s) allowed

The appellant, a railway employee, challenged the Railway Administration's use of the 40‑point roster for promotions on the basis of vacancies rather than cadre strength. The Central Administrative Tribunal (CAT) held that reservation must operate on cadre strength and seniority, directing the …

M/S GORA LALversusUNION OF INDIA

2003 INSC 740Dismissed

The appellant, Gora Lal, entered into a work contract with the Union of India that contained an arbitration clause requiring the arbitrator to "indicate his findings, along with the sum awarded, separately on each individual item of the dispute." A dispute arose over the final payment, and an …

UNION OF INDIAversusSAVJIRAM AND ANR.

2003 INSC 727Case Partly allowed

The Union of India acquired land in Madhya Pradesh for a project, and the landowners had houses on the land. The Land Acquisition Officer deducted a 5% depreciation from the valuation of the houses, which the landowners contested. The reference court held that no depreciation should be deducted and …

BAHADURSINH LAKHUBHAI GOHILversusJAGDISHBHAI M. KAMALIA AND ORS.

2003 INSC 728Dismissed

An auction was held by the Bombay Provincial Municipal Corporation (then Gujarat) in 1951 for a 99‑year lease of a vacant plot. The highest bidder, Shri Vajubha (predecessor of the appellant), paid only part of the premium and was given a three‑month extension to pay the balance, with a condition …

BAJAJ AUTO LTD.versusBHOJANE GOPINATH D. AND ORS.

2003 INSC 729Disposed off

The workmen of Bajaj Auto Ltd. alleged that the company employed a rotation system of temporary workers to avoid granting permanency after 240 days of uninterrupted service, invoking Rule 4C of the Model Standing Orders. The Industrial Court found unfair labour practices under Item 6 of Schedule IV …

RAJENDRA AND ANR.versusSTATE OF MADHYA PRADESH

2003 INSC 730Dismissed

The police received information that two persons at a railway platform were carrying large quantities of ganja in their suitcases. Acting on this information, they searched the suitcases and seized 40 kilograms of ganja, which was sent for forensic analysis and kept in sealed custody. The accused …

STATE OF PUNJABversusRAMDEV SINGH

2003 INSC 731Appeal(s) allowed

The State of Punjab appealed the acquittal of Ramdev Singh, who was convicted by a trial court for raping a minor girl. The FIR was lodged 17-18 days after the incident because the victim's father was seriously ill, and the medical report noted that the girl was habituated to sexual intercourse. The …

PEOPLE'S UNION FOR CIVIL LIBERTIES AND ANR.versusUNION OF INDIA

2003 INSC 721Dismissed

The Supreme Court examined a batch of writ petitions challenging the constitutional validity of the Prevention of Terrorist Act, 2002 (POTA). The petitioners argued that Parliament lacked legislative competence and that several provisions violated fundamental rights, including the right to privacy, …

JAMES MARTINversusSTATE OF KERALA

2003 INSC 722Appeal(s) allowed

The case arose from a bandh in which activists forcibly entered the flour mill of James Martin and his father, demanding its closure. When the activists assaulted the mill employee and threatened further violence, the accused retrieved a firearm and fired, killing two activists and injuring others. …

SMT. V. RAJESHWARIversusT.C. SARAVANABAVA

2003 INSC 723Appeal(s) allowed

The plaintiff filed a suit for declaration of title and possession of a property measuring 1,817 sq. ft. after purchasing it. The defendant denied the plaintiff's title and pleaded adverse possession, but did not raise a defence of res judicata in the trial court or first appeal. The High Court, on …

S. DEVASAHAYAM AND ANR.versusJOINT DIRECTOR AND ANR.

2003 INSC 724Dismissed

The appellant, S. Dev Asahayam, was appointed as Head Master of a recognized aided school in Tamil Nadu, but the appointment was set aside by the Appellate Authority on the ground that he did not belong to the feeder category prescribed for the post. The appellant challenged the order through a writ …

BALESHWAR PASWAN AND ORS.versusSTATE OF BIHAR AND ORS.

2003 INSC 725Dismissed

The appellants were appointed as Assistants in the Bihar government through a test conducted by the Office of the Advocate General, while other Assistants were recruited via a general competitive examination. When the two cadres were merged, the government decided that those recruited through the …

VITHAL Y. GALTONDEversusUNION OF INDIA AND ANR.

2003 INSC 726Dismissed

Vithal Y. Gaitonde was appointed as a temporary operator in the Goa Post & Telegraph Services on 11 June 1962 under the Goa, Daman & Diu (Repeal of Posts and Telegraphs Law) Regulation, 1962, after Goa's liberation from Portuguese rule. He retired on 31 January 1994 and claimed that, because his …

GORLE S. NAIDUversusSTTE OF A.P. AND ORS.

2003 INSC 719Dismissed

The case involved 39 accused persons alleged to have assaulted and caused the deaths of two villagers in Patharlapalle. The trial court convicted some and acquitted others, while the Andhra Pradesh High Court acquitted all, finding the prosecution’s case riddled with inconsistencies, delayed FIR …

RAME GOWDA (D) BY LRS.versusM. VARADAPPA NAIDU (D) BY LRS. AND ANR.

2003 INSC 718Dismissed

The plaintiff, Rame Gowda, was in peaceful possession of a piece of land and began construction, which the defendant, M.V. Naidoo, contested claiming ownership. The plaintiff filed a suit for declaration of title and possession; although he could not prove title, the trial court found he had settled …

SUSHIL MURMUversusSTATE OF JHARKHAND

2003 INSC 708Dismissed

The appellant, Sushil Murmu, a tribal and illiterate man, sacrificed a nine‑year‑old child before Goddess Kali, severed the child's head and disposed of it in a pond. He was convicted under Sections 302 and 201 of the Indian Penal Code and sentenced to death for murder and seven years’ rigorous …

ARUN PASWAN, S.I.versusSTATE OF BIHAR AND ORS.

2003 INSC 710Dismissed

The District and Sessions Judge of Sasaram ordered a police officer, S.I. Arun Paswan, to produce a case diary, which he failed to do, leading to a show‑cause notice under Section 349 CrPC. While the judge was hearing another matter, a group of police officers in plain clothes and uniform shouted …

PANNA LAL GHOSH AND ORS.versusLAND ACQUISITION COLLECTOR AND ORS.

2003 INSC 711Case Partly allowed

The appellants, owners of land acquired in Tripura under the Land Acquisition Act, 1894, received an award of Rs.12,000 per acre in 1974, which was later enhanced by the Reference Court to Rs.36,000 per acre with a 15% solatium and interest. They appealed to the High Court seeking further …

RAJASTHAN HIGH COURT, JODHPUR THROUGH REGISTRARversusBABU LAL ARORA

2003 INSC 712Appeal(s) allowed

The respondent, a Lower Division Clerk, was successively promoted to Upper Division Clerk, Court Fee Examiner/Stamp Reporter, and Bench Reader, the latter two posts carrying the same pay scale. He sought the benefit of the third selection grade under a 1992 Government circular, which was denied on …

GROUP GENERAL MANAGER (PROJECTS)versusA.M. SAIYED

2003 INSC 713Appeal(s) allowed

The appellant, a public sector undertaking, introduced a Leave Fare Assistance (LFA) scheme for employees posted away from their hometowns. The respondent, an employee posted in the Eastern Region (Assam) from 1982 to 1985, availed LFA for himself and also encashed LFA for his family for the block …

BASIC SHIKSHA PARISHAD AND ANR.versusSMT. SUGNA DEVI AND ORS.

2003 INSC 714Dismissed

Sugna Devi was appointed as an Assistant Teacher by the President of the District Board, Gonda, in 1966. After prolonged illness she returned to work in 1971 but was told she was terminated without any formal termination order. When basic education was transferred to the Basic Shiksha Parishad under …

BANK OF BARODAversusSADRUDDIN HASAN DAYA AND ANR.

2003 INSC 715Case Allowed

Bank of Baroda obtained a consent decree from the Supreme Court ordering the respondents, Sadruddin Hasan Daya and Shohin S. Daya, to pay a sum in instalments and to refrain from alienating three properties until the decree was satisfied. The respondents defaulted on payment and entered into a …

STATE OF TRIPURA AND ORS.versusK.K. ROY

2003 INSC 716Disposed off

K.K. Roy was appointed as Law Officer‑cum‑Draftsman in the Government of Tripura to a single‑post cadre that had no promotional avenues. He filed a writ petition seeking at least two promotional avenues, and the High Court directed the State to create a graded pay scale. The State appealed, arguing …

D.D.A. AND ORS.versusJOGINDER S. MONGA AND ORS.

2003 INSC 717Dismissed

The Delhi Development Authority (DDA) fixed a market value of Rs 7,50,00,000 for a leasehold plot and demanded Rs 3,62,44,420 as 50% of the unearned increase, which the respondents (heirs of the original sub‑lessee) challenged, arguing that later circulars issued by the Central Government and the …

UMA DEVI NAMBIAR AND ORS.versusT.C. SIDHAN (DEAD)

2003 INSC 705Appeal(s) allowed

The petitioners, daughters of the deceased, filed an application under Sections 192‑195 of the Indian Succession Act seeking possession of their ancestral house, alleging illegal occupation by the respondent who claimed title under a purported joint will. The District Judge, in a summary proceeding, …

N.C. DHOUNDIALversusUNION OF INDIA AND ORS.

2003 INSC 703Case Partly allowed

In 1994 the CBI searched and later arrested a telecom officer, later filing a corruption charge‑sheet. The officer complained to the National Human Rights Commission (NHRC) alleging illegal detention and harassment. After an initial dismissal, the NHRC, treating the complaint as a review petition, …

AJAY KUMAR POEIAversusSHYAM AND ORS.

2003 INSC 704Dismissed

In a Uttar Pradesh Legislative Assembly election for a seat reserved for Scheduled Castes, the appellant challenged the election of the respondent on the ground that the respondent was not a member of a Scheduled Caste. The election petition relied on various statements about the respondent's caste …

R. KUPPAYEE AND ANR.versusRAJA GOUNDER

2003 INSC 700Appeal(s) allowed

The daughters (appellants) claimed ownership of a house and land settled on them by their father through a registered settlement deed, seeking a permanent injunction against the father’s attempts to evict them. The father contended that the deed was obtained by fraud, that he was only a witness to a …

ASHFAQversusSTATE (GOVT. OF NCT OF DELHI)

2003 INSC 701Dismissed

Four accused entered the complainant's house, threatened the occupants with a pistol and knives, and stole cash, a gold chain and a Sten gun. The victims identified the accused in court, but no test identification parade was conducted. The trial court convicted them under Sections 452, 392 and 397 …

HARE RAM PANDEYversusSTATE OF BIHAR AND ORS.

2003 INSC 702Dismissed

Hare Ram Pandey was detained under Section 12 of the Bihar Control of Crimes Act, 1981. He challenged the pre‑detention order before the Patna High Court under Article 226, claiming the order was beyond legal authority and was motivated by political vendetta. The High Court dismissed the petition …

STATE OF H.P.versusM.P. GUPTA

2003 INSC 697Appeal(s) allowed

The State of Himachal Pradesh appealed against the Himachal Pradesh High Court’s order quashing charges against M.P. Gupta, a former Chief Conservator of Forests, on the ground that the prosecution lacked the sanction required under Section 197 of the Criminal Procedure Code. The accused had been …

M.P.CEMENT MANUFACTURERS ASSOCIATIONversusSTATE OF MADHYA PRADESH AND ORS.

2003 INSC 698Appeal(s) allowed

The M.P. Cement Manufacturers' Association, representing captive power producers, challenged a 2001 amendment to the Madhya Pradesh Upkar Adhiniyam that imposed a cess of 20 paise per unit on electricity produced. The High Court held the cess was on consumption and within State competence under …

AHMEDABAD EDUCATION SOCIETYversusGILBER B. SHAH AND ORS

2003 INSC 693Dismissed

The Ahmedabad Education Society (the Society) retired a teacher at age 58 under Rule 34 of the Bombay Primary Education (Gujarat Amendment) Rules, 1978, while the teacher claimed a right to serve until age 60 based on Rule 29 of the Society's Leave Rules. The teacher filed a suit seeking a …

CHALLAMANE HUCHHA GOWDAversusM.R. TIRUMALA AND ANR.

2003 INSC 694Appeal(s) allowed

The judgment debtor’s immovable property was put up for auction in execution of a decree. The debtor paid the entire decretal amount with costs to the decree holder and filed a memorandum of objection seeking to set aside the sale. The execution court treated the memorandum and the deposit as an …

SMT. ANOKHAversusTHE STATE OF RAJASTHAN AND ORS.

2003 INSC 695Appeal(s) allowed

The widowed mother, Smt. Anokha, consented to the adoption of her infant daughter Alka by an Italian couple who had known the family for years. The couple filed a petition under Sections 7, 10 and 17 of the Guardians and Wards Act, 1890, submitting extensive evidence of their suitability. The …

UNION OF INDIAversusKULDEEP SINGH

2003 INSC 696Appeal(s) allowed

Kuldeep Singh was found in possession of 880 litres of Acetic N‑hydride, a precursor for heroin, and was convicted under Sections 9A, 25A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court sentenced him to ten years' rigorous imprisonment. The Rajasthan High Court …

STATE OF PUNJABversusBHAG SINGH

2003 INSC 692Appeal(s) allowed

Bhag Singh was tried under Section 18 of the NDPS Act and acquitted by the trial court because the prosecution case rested solely on official witnesses and lacked an independent witness. The State of Punjab sought leave to appeal the acquittal under Section 378(3) of the CrPC, but the Punjab and …

GOVT. OF A.P. AND ORS.versusM.T. KHAN

2003 INSC 691Appeal(s) allowed

The Government of Andhra Pradesh issued a Government Order granting remission of sentences to certain categories of prisoners, expressly excluding those convicted by courts of other States but serving their sentences in Andhra Pradesh. Two convicts, S. Appala Swamy (convicted in Madhya Pradesh) and …

RESERVE BANK OF INDIA AND ANR.versusCECIL DENNIS SOLOMON AND ANR.

2003 INSC 688Appeal(s) allowed

The respondents, who were employees of the Reserve Bank of India, resigned in 1988 before the RBI Pension Regulations, 1990 came into force. The Pension Regulations, particularly Regulation 18, state that resignation results in forfeiture of service and disqualification for pension. The High Court …

STATE (UNION OF INDIA)versusRAM SARAN

2003 INSC 689Appeal(s) allowed

The respondent, Constable Ram Saran of the CRPF, was convicted by an Assistant Commandant exercising the powers of a Judicial Magistrate under Section 10(m) of the Central Reserve Police Force Act for unauthorised absence and sentenced to three months' imprisonment. The Sessions Court and the …

STATE OF ORISSAversusKANDURI SAHOO

2003 INSC 690Appeal(s) allowed

On 13 May 1994, Excise officials seized about 12 kg of cannabis from the accused and sent a 50‑gram sample for chemical analysis four days later. The trial court convicted the accused under Section 20(b)(i) of the NDPS Act, but the Orissa High Court acquitted him, holding that the prosecution failed …

SAIKOU JABBIversusSTATE OF MAHARASHTRA

2003 INSC 687Dismissed

Saikou Jabi, a Gambian national, was intercepted at Bombay airport with approximately 1 kg of heroin concealed in a suitcase. The baggage was screened on an X‑ray machine and the contraband was recovered from the suitcase, not from a personal search of Jabi. He was charged under Sections 21, 23, 28 …

PRAKASHversusSTATE OF HARYANA

2003 INSC 685Dismissed

The appellant, Prakash, was charged along with another accused for kidnapping and attempted rape of a 5½‑year‑old girl. The victim’s grandmother (PW‑5) witnessed the incident and testified that she heard the child’s cries and found the child naked in the accused’s house. The trial court convicted …

PRABHA SHANKAR DUBEYversusSTATE OF MADHYA PRADESH

2003 INSC 686Dismissed

The accused were intercepted while carrying opium and were served a notice under Section 50 of the NDPS Act informing them of their right to be searched before a gazetted officer or magistrate. They declined that option and were searched by a narcotics officer, leading to the seizure of 200 g of …

BRIJ BEHARI SAHAI (DEAD) THROUGH LRS. ETC. ETC.versusSTATE OF UTTAR PRADESH

2003 INSC 679Appeal(s) allowed

The State of Uttar Pradesh sought acquisition of lands that had been held by the heirs of Rana family under a perpetual lease and for which ground rent was periodically payable. The claimants, represented by the estate of B.B. Saha, argued that they were entitled to compensation as lessees, while …

SURENDRA PASWANversusSTATE OF JHARKHAND

2003 INSC 680Dismissed

The appellant was convicted of murder under Sections 302 and 34 IPC for shooting the deceased, based primarily on the testimony of three eyewitnesses. The defence argued that the prosecution failed to explain the minor injuries on the accused, did not submit the recovered bullet for …

M.P.A.L.T. PERMIT OWNERS ASSN. AND ANR.versusSTATE OF MADHYA PRADESH

2003 INSC 681Appeal(s) allowed

The Madhya Pradesh Motor Vehicle Taxation Act, 1991 (as amended in 1999) inserted sections permitting confiscation of a vehicle for non‑payment of tax, linking the power to offences under the Motor Vehicles Act, 1988 (Section 66 read with Section 192‑A). Petitioners challenged these provisions as …

KRISHI UTPADAN MANDI SAMITI AND ORS.versusPILLIBHIT PANTNAGAR BEEJ LTD. AND ANR.

2003 INSC 678Dismissed

The appellant Market Committee sought to levy market fees under the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam on Pillibhit Pantnagar BeeJ Ltd., which deals in the purchase, processing and sale of certified wheat seeds. The respondents argued that wheat seed is not listed in the Schedule of the …

KANPUR DEVELOPMENT AUTHORITYversusSMT. SHEELA DEVI AND ORS. ETC

2003 INSC 682Dismissed

The Kanpur Development Authority (KDA) floated a housing scheme in 1978 for Middle Income Group (MIG) with an estimated cost of Rs. 48,000 per house, with a clause that escalation could not exceed 10%. The respondents applied within the deadline, but due to litigation initiated by some other …

M/S. SUN BEVERAGES (P) LTD.versusTHE STATE OF UTTAR PRADESH AND ORS.

2003 INSC 684Appeal(s) allowed

The appellant, Mis. Sun Beverages Ltd., set up a pioneer industrial unit in a zero‑industrial area of Uttar Pradesh and was registered as a Medium Scale Industry with the Director General of Technical Development (DGTD). It received a cash subsidy of Rs.15 lacs under the State's Capital Grant …

RAM DULAR RAI AND ORS.versusSTATE OF BIHAR

2003 INSC 674Dismissed

The appellants, including Ram Dular Rai, were convicted for murder, attempted murder and related offences after a night‑time assault on a household in which they fired on the son and daughter of the informant. The trial court identified four of the accused but noted that several other armed persons …

STATE OF KARNATAKAversusPUTTARAJA

2003 INSC 675Appeal(s) allowed

The accused, Puttaraja, was convicted of raping a pregnant woman in the presence of her husband under Section 376 IPC. The trial court sentenced him to five years’ imprisonment and a fine, despite the statutory minimum of seven years. The Karnataka High Court reduced the sentence to the 46 days …

CHANDIGARH ADMINISTRATION AND ANR.versusSURINDER KUMAR AND ORS.

2003 INSC 676Dismissed

The Chandigarh Administration advertised fourteen Assistant Sub‑Inspector posts, reserving two for SC and four for OBC candidates. Applicants from Punjab, Haryana and Himachal Pradesh, holding caste certificates from their home states, claimed reservation benefits but were denied. The Central …

HINDALCO INDUSTRIES LTD.versusUNION OF INDIA AND ORS.

2003 INSC 677Dismissed

Hindalco Industries Ltd, a public limited company engaged in bauxite mining, was ordered by the Divisional Forest Officer to stop mining in forest land and to submit maps and records. The company declared a lay‑off on 31 July 1993 and closed the mine on 19 August 1993. It applied for permission to …

BIKAU PADEY AND ORSversusSTATE OF BIHAR

2003 INSC 671Dismissed

The appellants were convicted for the murder of Sarjug Rai under Section 302 read with Section 149 of the Indian Penal Code, alleging that they formed an unlawful assembly with a common object to kill the victim. The Supreme Court examined whether the prosecution had proved the essential ingredient …

BHAGAT RAM AND ANR.versusSURESH AND ORS.

2003 INSC 672Dismissed

The appellants, sons of the deceased Mast Ram, challenged the sale of their father's property by his widow Muni Devi, arguing that a statement recorded by the Registrar of Deeds on 21 May 1973 constituted a codicil that, if valid, limited the widow to a life estate. The Court examined whether a …

M/S PEPSI FOODS LTD.versusCOLLECTOR OF CENTRAL EXCISE, CHANDIGARH

2003 INSC 673Dismissed

Pepsi Foods Ltd sold a beverage concentrate to bottlers under an agreement that also required the bottlers to pay a royalty for using Pepsi's 'Lehar' trademark on the finished drinks. The Central Excise authorities proposed including the royalty in the assessable value of the concentrate under …

COLLECTOR OF CENTRAL EXCISE, AHMEDABADversusORIENT FABRICS PVT. LTD.

2003 INSC 669Dismissed

The Collector of Central Excise assessed additional duty on Orient Fabrics for alleged mis‑disclosure and undervaluation of fabric, also ordered confiscation of 35 bales and imposed a penalty. The Central Excise and Gold (Control) Appellate Tribunal allowed the appeals, holding that the Central …

SHRIRAMversusSTATE OF MADHYA PRADESH

2003 INSC 665Dismissed

The appellant Shriram and seven others were convicted for rioting and the murder of Hemraj, with the trial court finding them guilty under Sections 302 and 149 IPC. They claimed to have sustained injuries and pleaded right of private defence, arguing that the prosecution had failed to explain those …

N.D. THANDANI (DEAD) BY LRS.versusARNAVAZ RUSTOM PRINTER AND ANR.

2003 INSC 666Dismissed

The tenant, N.D. Thandani (deceased), repeatedly failed to make monthly rent deposits as required by the A.P. Buildings (Lease, Rent & Eviction) Control Rules and did not furnish the prescribed deposit particulars to the landlord. Despite a Supreme Court order directing the tenant to clear arrears …

DHARAM DUTT AND ORS.versusUNION OF INDIA AND ORS.

2003 INSC 667Dismissed

The petitioners challenged the Indian Council of World Affairs Act, 2001, alleging that it violated Articles 14, 19(1)(a), 19(1)(c) and 300A of the Constitution by taking over the assets of the Indian Council of World Affairs Society and by being enacted in defiance of a prior High Court judgment …

R. SAI BHARATHIversusJ. JAYALALITHA AND ORS.

2003 INSC 668Dismissed

The State alleged that the Tamil Nadu Small Industries Corporation (TANSI) sold land at a price below market value to a firm in which the Chief Minister of Tamil Nadu and her associate were partners, thereby causing wrongful loss to the corporation and wrongful gain to the accused. The trial court …

M. CHINNASAMYversusK.C. PALANISAMY AND ORS.

2003 INSC 661Appeal(s) allowed

In the 1999 Karur parliamentary election the returned candidate won by 2,847 votes. The defeated candidate filed an election petition alleging irregularities in the counting of about 15,000 rejected votes across five categories, but the petition disclosed only vague, general allegations without the …

AMERANDRA PRATAP SINGHversusTEJ BAHADUR PRAJAPATI AND ORS.

2003 INSC 662Appeal(s) allowed

The appellant, a member of a scheduled tribe, purchased a parcel of land in Sundergarh that had previously been transferred among tribal owners and later sold to a non‑tribal with statutory permission. The respondent encroached on the land and claimed title by adverse possession, arguing that more …

MANAGER, NIRMALA SENIOR SECONDARY SCHOOL, PORT BLAIRversusN.I. KHAN AND ORS.

2003 INSC 664Disposed off

The case concerns N.I. Khan, a teacher at Nirmala Senior Secondary School, who was alleged to have assaulted the principal and later threatened to burn the school. The school suspended him without prior approval from the State Education Department, leading the State to revoke the suspension and …

GOA PLAST (P.) LTD.versusCHICO URSULA DSOUZA

2003 INSC 658Disposed off

The former managing director of Goaplast (P) Ltd issued ten post‑dated cheques to the company to repay misappropriated funds, but the first cheque was returned unpaid after the drawer instructed the bank to stop payment. The company gave statutory notice and filed a complaint under Section 142 of …

LIVERPOOL AND LONDON S.P. AND I ASSON. LTD.versusM.V. SEA SUCCESS I AND ANR.

2003 INSC 659Appeal(s) allowed

The Supreme Court considered an Admiralty suit filed by a UK Protection & Indemnity (P&I) club seeking arrears of insurance premiums from the owners of the vessel M.V. Sea Success I, alleging the premiums were "necessaries" under the Admiralty Courts Act, 1861. The vessel moved to reject the plaint …

PRAMOD K. PANKAJversusSTATE OF BIHAR AND ORS.

2003 INSC 660Appeal(s) allowed

The appellant, a Junior Engineer in the Bihar Subordinate Engineering Service, claimed promotion to Assistant Engineer under a 1979 Government resolution that granted special promotion to those who obtained a degree and had five years of service, with inter‑se seniority to be decided by the …

STATE OF PUNJAB AND ANR.versusMIS. DEVANS MODERN BREWERIES AND ANR. ETC.

2003 INSC 653Case Partly allowed

The State of Punjab and the State of Kerala imposed import fees on liquor imported into their territories. Licensees challenged these fees, arguing they were unconstitutional taxes that violated Articles 301, 303 and 304 of the Constitution and that liquor trade is "res extra commercium". The Court …

K. SIVARAMAIAHversusRUKMANI AMMAL

2003 INSC 655Disposed off

The appellant and respondent owned adjoining properties in Chennai, where the appellant opened windows and a ventilator that overlooked the respondent's land. The respondent's mother sued in 1976 for an injunction to close the openings, but the trial court dismissed the injunction claim without …

STATE OF JAMMU AND KASHMIRversusGHULAM MOHD. DAR AND ANR.

2003 INSC 654Appeal(s) allowed

The State of Jammu and Kashmir issued a tender for construction work which was accepted by Ghulam Mohammad Dar, and the parties entered into a contract containing an arbitration clause. After completing the work, the contractor sought a 42% escalation payment, which the Chief Engineer indicated …

STATE OF KERALA AND ORS.versusN. AVINASIAPPAN

2003 INSC 656Appeal(s) allowed

In 1989, Excise officials seized a lorry and 45 barrels of spirit allegedly belonging to the respondent. After the driver and cleaner compounded the offence, the Joint Commissioner released the vehicle upon a bank guarantee. The respondent's appeal under Section 678 of the Kerala Abkari Act was …

KHETRABASL BLSWALversusAJAYA KUMAR BARAL AND ORS.

2003 INSC 657Appeal(s) allowed

The Orissa Public Service Commission selected 39 candidates for temporary Munsif posts and sent its merit list to the State Government, which prepared a different list omitting several selectees. Writ petitions were filed challenging the State list; the Orissa High Court prepared its own list and …

ITW SIGNODE INDIA LTD.versusCOLLECTOR OF CENTRAL EXCISE

2003 INSC 647Case Partly allowed

ITW Signode India Ltd., a manufacturer of box‑strappings from duty‑paid cold‑rolled steel strips, claimed that the product fell under tariff item 26AA(iii) and no further excise duty was payable. The Revenue argued that the product should be re‑classified under tariff item 68/7308.90 and that a …

SHYAM SINGHversusDARYAO SINGH (DEAD) BY LRS. AND ORS.

2003 INSC 649Appeal(s) allowed

Shyam Singh filed a suit for specific performance of a 1971 agreement of repurchase of land against Daryao Singh (deceased) and other respondents. The trial court and appellate courts dismissed the suit, holding that the right of repurchase was a personal right of the original sellers (defendants …

HARINAGAR SUGAR MILLS LTD.versusSTATE OF BIHAR AND ORS.

2003 INSC 650Dismissed

Harina​gar Sugar Mills Ltd, a sugar manufacturer licensed under the Bihar Agricultural Produce Markets Act, 1960, was levied a market fee on its purchase of sugarcane and sale of sugar and molasses. The mill challenged the fee in a suit, obtained a decree in its favour, but later faced assessments …

GOURA VENKATA REDDYversusSTATE OF ANDHRA PRADESH

2003 INSC 651Case Partly allowed

The case arose from a politically motivated attack in which two persons were killed after the accused threw stones at them; each accused allegedly threw only one stone. The trial court convicted the principal accused under Section 302 read with Section 109 IPC and the others under Sections 302 and …

ASHAN DEVI AND ANRversusPHULWASI DEVI AND ORS.

2003 INSC 652Appeal(s) allowed

The decree holder obtained an ex‑parte decree for specific performance of a sale agreement concerning vacant land and executed the decree, taking possession through a court nazar. The objectors, who had earlier purchased the same land and had municipal mutation, filed an application under Order XXI …

UNION OF INDIA AND ANR.versusM/S. SOHAN LAL PUGLIA

2003 INSC 648Appeal(s) allowed

The Union of India entered into a contract for the supply and construction of a stone ballast machine, which contained an arbitration clause requiring the appointment of Gazetted officers as arbitrators for disputes exceeding Rs.5 lakh. When the Department failed to appoint an arbitrator, the …

K. ANBAZHAGANversusTHE SUPERINTENDENT OF POLICE AND ORS. ETC.

2003 INSC 642Case Allowed

The petitioners, led by K. Anbazhagan, sought transfer of two corruption cases against J. Jayalalitha and others from the Special Court in Chennai to a court in Karnataka, alleging that the trial was being subverted by the recall of witnesses, the dispensing of personal appearance of the accused, …

AMEER TRADING CORPORATION LTD.versusSHAPOORJI DATA PROCESSING LTD.

2003 INSC 636Dismissed

The respondent filed a suit for eviction in the Small Causes Court and submitted an affidavit as his examination‑in‑chief under Order 18 Rule 4 of the Code of Civil Procedure (CPC). The appellant objected, contending that because the decree was appealable, Order 18 Rule 5 should apply and the …

REKHA MUKHERJEEversusASHISH KUMAR DAS AND ANR.

2003 INSC 637Appeal(s) allowed

The landlord (appellant) obtained a decree for eviction against the tenants (respondents) who simultaneously filed a suit for specific performance of a sale agreement. The Supreme Court dismissed the respondents' Special Leave Petition on the condition that the appellant would not execute the …

GOVERNMENT OF WEST BENGALversusTARUN K. ROY AND ORS.

2003 INSC 638Appeal(s) allowed

The Supreme Court heard a civil appeal filed by the Government of West Bengal against Tarun K. Roy and others, who were operators‑cum‑mechanics in the State Irrigation Department seeking the same pay scale as Sub‑Assistant Engineers on the ground of "equal pay for equal work". The petitioners argued …

STATE OF MADHYA PRADESHversusAVADH KISHORE GUPTA AND ORS.

2003 INSC 643Appeal(s) allowed

The State of Madhya Pradesh appealed a Madhya Pradesh High Court order that quashed a criminal investigation under the Prevention of Corruption Act against Awadh Kishore Gupta, an executive engineer, on the ground that he had acquired assets beyond his known sources of income. The High Court had …

HINDUSTAN LEVER AND ANR.versusSTATE OF MAHARASHTRA AND ANR.

2003 INSC 644Dismissed

Hindustan Lever Ltd. challenged the levy of stamp duty by the State of Maharashtra on the High Court order sanctioning its amalgamation with Tata Oil Mills Ltd. The appellants argued that the order was a judicial decree, not an "instrument" under the Bombay Stamp Act, and that the State lacked …

ASHOK KUMAR PANDEYversusTHE STATE OF WEST BENGAL AND ORS.

2003 INSC 645Dismissed

The petitioner filed a writ petition under Article 32 seeking conversion of a death sentence to life imprisonment on the ground that the execution had been delayed for a long time, alleging mental torture of the condemned. He claimed the case was a public interest litigation, relying on the ratio in …

M/S. SATHYANARAYAN BROTHERS (P) LTD.versusTAMIL NADU WATER SUPPLY & DRAINAGE BOARD

2003 INSC 646Appeal(s) allowed

Mis. Sathyanarayana Brothers (P) Ltd. entered into a contract with the Tamil Nadu Water Supply & Drainage Board for the manufacture and supply of prestressed concrete pipes for the Veeranam water project, subject to foreign collaboration clearance and foreign‑exchange assistance. Delays in obtaining …

SUDHAKAR VITHAL KUMBHAREversusSTATE OF MAHARASHTRA AND ORS.

2003 INSC 640Case Partly allowed

Sudhakar Vithal Kumbhare, a resident of Madhya Pradesh belonging to the Halba tribe, was promoted to Assistant Engineer in the Maharashtra State Electricity Board under a reserved post. The Board later reverted him to Junior Engineer, arguing that he was not entitled to reservation benefits in …

BHARGAVAN AND ORS.versusSTATE OF KERALA

2003 INSC 635Dismissed

The deceased Chandran was brutally assaulted by six accused who were armed with deadly weapons and later died of his injuries. The prosecution relied on the nephew’s eye‑witness testimony, dying declarations made before three police officers, and medical evidence, leading to convictions under …

NAIR SERVICE SOCIETYversusDISTT. OFFICER, KERALA PUBLIC SERVICE COMMISSION AND ORS.

2003 INSC 633Disposed off

The Kerala Public Service Commission (KPSC) prepared a main rank list of 177 candidates and a supplementary list of 62 reserved‑category candidates for Sub‑Engineer posts in the State Electricity Board. After 20 candidates (including open‑category and reserved‑category) failed to join, the KPSC …

VIDYADHARANversusSTATE OF KERALA

2003 INSC 632Disposed off

The appellant VidyadHarAn was convicted under Sections 354 and 448 of the IPC and Section 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act for allegedly outraging the modesty of a married woman. He challenged the conviction on the grounds of false implication, the …

STATE OF ORISSA AND ORS.versusJOGINDER PATJOSHI AND ANR.

2003 INSC 629Appeal(s) allowed

The case concerned the interpretation of Rule 8(1)(a) and (b) of the Orissa Revised Scales of Pay Rules, 1985, which governed the fixation of pay for university lecturers and professors after a revision of pay scales. The petitioners, who were professors, argued that, in addition to being placed at …

STATE OF ANDHRA PRADESHversusV. VASUDEVA RAO

2003 INSC 630Appeal(s) allowed

The State of Andhra Pradesh prosecuted V. Vasudeva Rao, an Assistant Controller, for demanding a bribe to prevent his transfer and for accepting the money, which he claimed was a hand loan. A trap was arranged, the accused was caught with the money, and the complainant died before he could be …

JASBIR KAUR AND ORS.versusUNION OF INDIA AND ORS.

2003 INSC 631Dismissed

Members of the Indian Military Nursing Service (IMNS) challenged a dress code issued by the Additional Director General of Military Nursing Services, alleging violations of Articles 14 and 21 of the Constitution. The petitions were filed in various High Courts, some of which dismissed them on the …

DHARAM CHAND AND ORS.versusHARYANA AGRICULTURAL UNIVERSITY AND ORS

2003 INSC 626Dismissed

The appellants, clerical staff appointed after 6 June 1980, challenged a University notification that gave a higher pay scale to clerks appointed before that date, invoking the principle of equal pay for equal work. The University had revised pay scales on 6 June 1980 and, following the Anomaly …

DULAL PODDARversusEXECUTIVE ENGINEER, DONA CANAL DIVISION AND ORS.

2003 INSC 627Dismissed

The appellant, a contractor, entered into a canal construction contract with the respondent department, which contained an arbitration clause appointing the Superintending Engineer as arbitrator. After an interim award, the arbitrator failed to pass a final award, prompting the contractor to invoke …

INDIRA VIJversusSTATE OF HARYANA

2003 INSC 628Dismissed

Indira, an English teacher who became Head of Department in Applied Sciences at a government polytechnic, sought promotion to Principal of an Engineering Institute. Under the Haryana Technical Education Department (Group‑A) Service Rules, Rule 9(1)(c)(i) allowed promotion only from Heads of …

GOVERNMENT OF ANDHRA PRADESH AND ANR.versusMEDWIN EDUCATIONAL SOCIETY AND ORS.

2003 INSC 622Disposed off

The Supreme Court examined the role of the Andhra Pradesh Government in granting essentiality certificates required for establishing new medical or dental colleges under the Medical Council of India Act and its Regulations. The High Court had held that the State had no authority to decide the …

M/S. NATURALLE HEALTH PRODUCTS (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE, HYDERABAD

2003 INSC 623Appeal(s) allowed

Mis Naturalle Health Products (P) Ltd. manufactured medicated cough drops, throat drops, Sloan's balm and Sloan's rub under an Ayurvedic drug licence and claimed that the products should be classified under Chapter 3003.30 of the Central Excise Tariff as Ayurvedic medicaments, attracting nil duty. …

OTIS ELEVATOR EMPLOYEE UNION S. REG. AND ORS.versusUNION OF INDIA AND ORS.

2003 INSC 624Dismissed

The petitioners challenged the Employees' Provident Fund and Miscellaneous Provisions (Amendment) Act, 1996 and the Employees' Family Pension Scheme, 1995 on the ground that diverting 8.33% of the employer's contribution to a pension fund and providing a low return amounted to arbitrariness, …

STATE OF ORISSA AND ORS.versusMANGALAM TIMBER PRODUCTS LTD. ETC.

2003 INSC 625Dismissed

The State of Orissa, through its industrial policy, promised Mangalam Timber Products Ltd. a fixed price for raw material, inducing the company to set up an industry in the state. Later the State attempted to retrospectively revise the royalty rate and raw material price, backdating the change. The …

CHAUDHARI RAMJI BHAI NARASANGBHAIversusSTATE OF GUJARAT AND ORS.

2003 INSC 620Dismissed

The appellant Chaudhary Ramji Narsang and two co‑accused were alleged to have assaulted the appellant's father and brothers in an agricultural field, resulting in the father's death. The trial court acquitted them, finding contradictions among witnesses and questioning the medical evidence. The …

BOKAJAN CEMENT CORPORATION EMPLOYEES' UNIONversusCEMENT CORPORATION OF INDIA LTD.

2003 INSC 621Appeal(s) allowed

The Bokajan Cement Corporation Employees' Union appealed against a division‑bench judgment of the Gauhati High Court which held that a worker’s membership in a trade union ceases when his employment with the cement corporation ends. The Supreme Court examined whether any provision in the Trade Union …

RAM SINGH AND ORS.versusUNION TERRITORY, CHANDIGARH AND ORS.

2003 INSC 616Dismissed

The appellants, trained electricians employed by various contractors to maintain electricity at a government medical college and hospital in Chandigarh, sought regularisation of their services, arguing that the Engineering Department of the Chandigarh Administration exercised complete control over …

GYASUDDIN KHAN @ MD. GYASUDDLN KHANversusTHE STATE OF BIHAR

2003 INSC 617Appeal(s) allowed

The appellant, a constable, killed three fellow police personnel with a sten‑gun after being reprimanded and having adverse entries made against him. He was convicted under Section 302 IPC and Section 27 of the Arms Act and sentenced to death. The Supreme Court upheld the conviction under Section …

DR. R.N. RAJANNAversusSTATE OF KARNATAKA AND ANR.

2003 INSC 618Dismissed

Dr. R.N. Rajanna, a Karnataka state government employee, retired voluntarily while on deputation to a public sector undertaking and sought re‑fixation of his pension at 50% of his emoluments, relying on three Government Orders (1983, 1986, 1994). He contended that the deputation allowance should be …

NEW INDIA ASSURANCE CO. LTD.versusA.K. SAXENA

2003 INSC 619Appeal(s) allowed

Advocate A.K. Saxena, who was on the panel of New India Assurance Co., was asked to return client files pending payment of his fees. He applied to the Allahabad High Court for discharge as counsel and for an order directing the company to pay his full fees before returning the papers. The High Court …

SUCHAND PALversusPHANI PAL AND ANR.

2003 INSC 607Dismissed

The appellant, Suchand Pal, appealed against the Calcutta High Court's acquittal of the accused Phani Pal for murder and related offences. The trial court had convicted Phani Pal based on the prosecution's claim that a gun was fired from a short range and on a dying declaration of the deceased, …

BIBI ZUBAIDA KHATOONversusNABI HASSAN SAHEB AND ANR.

2003 INSC 608Dismissed

Bibi Zubaida Khatun purchased the suit property in 1996 during the pendency of two cross‑suits (one for redemption of mortgage and another for specific performance) without obtaining leave of the court as required by Section 52 of the Transfer of Property Act. She filed three applications seeking …

S. SAMUEL, M.D., HARRISONS MALAYALAM AND ANR.versusUNION OF INDIA AND ORS.

2003 INSC 609Appeal(s) allowed

The appellants, tea manufacturers, challenged the constitutional validity of the Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977, which regulated tea as an essential commodity. They argued that tea is not a "foodstuff" under the Essential Commodities Act, 1955, and that the …

MERCYKUTTY AMMAversusKADAVOOR SIVADASAN AND ANR.

2003 INSC 610Disposed off

The appellant contested the election of the respondent from the Kundara Legislative Assembly constituency and filed an election petition alleging that the respondent had committed corrupt practices under Section 123 of the Representation of the People Act, 1951 by publishing a defamatory pamphlet …

INDRA BHAUN GAURversusCOMMITIEE, MANAGEMENT OF M.M. DEGREE COLLEGE AND ORS.

2003 INSC 611Disposed off

The appellant, a college principal, was accused of tampering with his son’s answer sheet in a university examination. The Managing Committee suspended him, issued a charge‑sheet and, after multiple adjournments, found him guilty and recommended dismissal, later changed to termination with the …

L. CHANDRAIAHversusSTATE OF A.P. AND ANR.

2003 INSC 612Appeal(s) allowed

The case involved fraudulent withdrawals from recurring deposit accounts of Singareni Collieries workers at a Sub‑Post Office. A postal assistant (A‑3) fabricated vouchers with forged signatures and thumb impressions, and the Sub‑Post Masters (A‑1 and A‑2) signed the vouchers without verifying their …

P.N. PREMACHANDRANversusTHE STATE OF KERALA AND ORS.

2003 INSC 613Dismissed

In the Kerala Department of Agriculture, Soil Survey Assistants were temporarily promoted to Assistant Director (Soil Survey) from 1964 to 1980 because a Departmental Promotion Committee (DPC) had not been constituted. When the DPC was finally formed in 1984, it regularised those temporary …

STATE OF KARNATAKA AND ORS.versusP.M. BHASKARA GOWDA AND ORS.

2003 INSC 614Disposed off

The Karnataka Village Officers' Abolition Act, 1961 abolished hereditary village offices but permitted existing holders to continue on an ad‑hoc basis. The respondents, appointed as Gram Sahayaks on a compassionate, contract basis between 1979‑1983, sought regularisation as Group D employees with …

STATE OF HARYANA AND ORS.versusSUMITRA DEVI AND ORS.

2003 INSC 615Appeal(s) allowed

The respondents, appointed as JBT teachers in Haryana in the early 1980s, already possessed B.Ed. or equivalent qualifications before their appointments. They claimed entitlement to a higher pay scale under a 1957 Punjab Government circular that linked higher qualifications to higher grades. The …

KASHI NATH (DEAD) THROUGH LRS.versusJAGANATH

2003 INSC 605Dismissed

Kashi Nath claimed to be the adopted son of the temple pujari Bala Bux, seeking exclusive rights to manage the Thakurji Shri Gopalji temple, perform sevapuja and receive offerings. The respondents contested his claim, arguing that no valid adoption existed. The trial court, the first appellate …

U.P. PUBLIC SERVICES COMMISSIONversusSUBHASH CHANDRA DIXIT AND ORS.

2003 INSC 606Appeal(s) allowed

The Uttar Pradesh Public Service Commission (UPPSC) conducted three competitive examinations – the U.P. Civil Judge (Junior Division) Examination 2000, the Provincial Civil Services (Executive Branch) Main Examination 2001 and its Preliminary Examination 2002 – and applied a scaling formula to the …

SRI RAMNIK VALLABHDAS MADHVANI AND ORS.versusTARABEN PRAVINLAL MADHVANI

2003 INSC 601Dismissed

The widow of Pravinlal Madhvani sued the Madhvani brothers for partition of a tea estate, accounts of a family partnership and mesne profits, seeking 6% interest. While the appeal of the preliminary decree was pending, the High Court allowed an amendment to raise the interest rate to 13% and awarded …

MALLIKARJUNversusGULBARGA UNIVERSITY

2003 INSC 604Appeal(s) allowed

The appellant, a contractor, executed a contract with Gulbarga University for constructing an indoor stadium. Clause 30 of the contract stipulated that any dispute would be decided by the Superintending Engineer of the Gulbarga Circle, whose decision would be final and binding. After the Engineer …

BANTI @ GUDDUversusSTATE OF MADHYA PRADESH

2003 INSC 598Dismissed

Banti (Guddu) and Teekaram were convicted for the murder of Pravin Pathak under IPC s.302 r/w s.34. The prosecution relied on two eye‑witnesses, PW‑I (the deceased’s brother) and PW‑II (a friend), who identified the accused. The defence presented DW‑1, who initially corroborated the eye‑witnesses …

UNITED BANK OF INDIAversusRAMDAS MAHADEO PRASHAD AND ORS.

2003 INSC 599Appeal(s) allowed

The respondents filed a suit against United Bank of India concerning an underwriting commitment. While the suit was pending, the parties executed a Memorandum of Understanding (MOU) on 18 May 1994 that required the respondents to withdraw the suit, pay a guarantee liability of Rs. 2.33 lakhs, and …

PREETAM SINGH AND ORS.versusSTATE OF RAJASTHAN

2003 INSC 600Disposed off

The Supreme Court examined a violent incident in which three accused, armed with deadly weapons, attacked the deceased Pyara Singh, causing his death and grievous injuries to three others. The accused claimed they acted in self‑defence and sought relief under Exception (4) to Section 300 IPC. The …

SAURABH CHAUDRI AND ORS.versusUNION OF INDIA AND ORS.

2003 INSC 597Disposed off

The petitioners, originally residents of Delhi who obtained their MBBS degrees outside Delhi under the 15% all‑India quota, challenged Delhi University’s notification that barred them from postgraduate medical courses, arguing that reservations based on domicile or institutional preference violated …

UNION OF INDIA AND ORS.versusJAIPAL SINGH

2003 INSC 592Appeal(s) allowed

The respondent, a government servant, was convicted under IPC sections 302 and 34 and dismissed from service. He was later acquitted on appeal, after which the High Court ordered his reinstatement with full back wages. The Union appealed, arguing that the department should not be liable for wages …

RAM UDGAR SINGHversusSTATE OF BJHAR

2003 INSC 593Dismissed

The appellant, Ram Udgar Singh, was convicted under Section 302 IPC and Sections 25A and 27 of the Arms Act for the murder of a political rival. The conviction was based on the testimony of four eyewitnesses, while eight co‑accused were acquitted on the same evidence. The appellant challenged the …

STATE OF U.P. AND ORS.versusLALJI TANDON (DEAD) THROUGH LRS.

2003 INSC 594Dismissed

The State of Uttar Pradesh leased a 5‑acre government parcel for 50 years in 1887 with a covenant allowing the lessee to renew for another 50 years. The original lessee transferred his interest to Lalji Tandon, who, as assignee, exercised the renewal option and obtained a fresh lease on 20‑Feb‑1945 …

NARBADA DEVI GUPTAversusBIRENDRA KUMAR JAISWAL AND ANR.

2003 INSC 595Dismissed

The plaintiff filed a suit to recover possession of premises, alleging that the defendant had taken wrongful and forcible possession. The defendant claimed he was a tenant and produced rent receipts bearing the thumb impressions of the deceased landlady and the plaintiff's signature on the back. The …

SHANTI KUMAR PANDAversusSHAKUNTALA DEVI

2003 INSC 596Dismissed

The appellant, Shanti Kumar Panda, obtained a preliminary order and attachment of a shop under Sections 145 and 146 of the CrPC, while the real possessor, Shakuntala Devi, was not impleaded and was denied a hearing. The civil judge later granted her an ad‑interim injunction restraining the appellant …

RAMANAND YADA VversusPRABHU NATH JHA AND ORS.

2003 INSC 589Appeal(s) allowed

The case concerns the murder of Thakkan Yadav on 16 June 1991, for which eight accused were convicted by a trial court under IPC sections 302 and 149, the Arms Act and the Explosive Substances Act. The Patna High Court acquitted all eight, relying on alleged procedural lapses such as the victim’s …

BABU LAL AND ORS.versusSTATE OF MADHYA PRADESH

2003 INSC 590Dismissed

The Supreme Court examined the appeal of seven accused whose convictions for offences under Sections 147, 148, 149 and 302 of the IPC were upheld by the Madhya Pradesh High Court. The Court clarified that a statement made by a deceased person before death can be treated as a dying declaration under …

PONDICHERRY KHADI AND VILLAGE INDUSTRIES BOARDversusP. KULOTHANGAN AND ANR.

2003 INSC 591Appeal(s) allowed

The respondent, a temporary instructor, was absent from work and later denied re‑employment by the appellant. He filed a writ petition in the Madras High Court seeking reinstatement and regularisation, which was dismissed along with his appeal. Subsequently, he raised an industrial dispute before …

HARIKRISHNA LALversusBABU LAL MARANDI

2003 INSC 585Dismissed

Harikrishna Lal and Babu Lal Marandi contested the 2001 Jharkhand Legislative Assembly election from Ramgarh. The respondent's nomination paper listed his name as "Babu Lal Marandi" while the electoral roll showed "Babu Marandi", omitting the middle name "Lal". No objection was raised at the …

KISHOREBHAI KHAMANCHAND GOYALversusSTATE OF GUJARAT AND ANR.

2003 INSC 584Dismissed

Kishorebhai Khamanchand Goyal, a motor‑transport operator, was convicted under the Bombay Shops and Establishments Act, 1948 and challenged the conviction on the ground that the later Motor Transport Workers Act, 1961 (specifically s.37) had by necessary implication repealed the State Act. The …

DR. MRS. RENUKA DATLAversusSOLVAY PHARMACEUTICAL B.V. AND ORS.

2003 INSC 583Disposed off

The petitioners, shareholders of two pharmaceutical companies, filed three suits seeking to restrain the transfer of their 4.91% shareholdings and obtained interim injunctions, which were later vacated by the trial and High Courts. The parties subsequently entered into a written settlement whereby …

ORIENTAL INSURANCE CO. LTD.versusT.S. SASTRY

2003 INSC 586Dismissed

The respondent, an Inspector Grade I, was placed on a waiting list for promotion to Assistant Administrative Officer (Development) after a panel of eight names was prepared. During the panel's validity, two new posts were created, and the respondent claimed promotion, but the insurer filled the …

APANGSHU MOHAN LODH AND ORS.versusSTATE OF TRIPURA AND ORS.

2003 INSC 587Dismissed

The appellants, practising advocates, were appointed as part‑time lecturers in a medical college in Tripura on a fixed contractual pay. They filed a writ petition under Article 226 seeking proportionate equal pay for equal work, i.e., the minimum pay scale of regular assistant professors. A single …

REGU MAHESH @ REGU MAHESWAR RAOversusRAJENDRA PRATAP BHANJ DEV AND ANR.

2003 INSC 588Dismissed

The appellant Regu Mahesh filed an election petition challenging the election of Rajendra Pratap Bhanj Dev from the Saluru (ST) constituency on the ground that the respondent did not belong to a Scheduled Tribe. The Andhra Pradesh High Court dismissed the petition, holding that it lacked proper …

RATANSINH DALSUKHHAI NAYAKversusSTATE OF GUJARAT

2003 INSC 573Dismissed

The appellant was convicted of murder under Section 302 IPC based primarily on the testimony of a ten‑year‑old child who witnessed the crime. The appellant challenged the conviction, arguing that a child’s evidence must be unblemished and corroborated, and that the child was likely tutored by a …

PREM SAGARversusDHARAMBIR AND ORS .

2003 INSC 574Case Partly allowed

The case involved three accused—Dharambir, Joginder and Karambir—who were convicted for the murders of Dalbir, Vijender and Smt. Kitabo under Sections 302, 34 and 120‑B of the IPC. The trial court sentenced Dharambir and Joginder to death and Karambir to life imprisonment; the High Court commuted …

STATE OF PUNJABversusDARSHAN SINGH

2003 INSC 575Case Partly allowed

The respondent, a former senior compositor, was removed from service in 1977 and later reappointed as a junior compositor on a temporary basis. He filed a declaratory suit challenging the removal and seeking pay adjustments, which was dismissed by the trial court. The First Appellate Court reversed …

THE STATE OF GOA AND ANR.versusM/S. COLFAX LABORATORIES.LTD. AND ANR.

2003 INSC 576Case Partly allowed

Colfax Laboratories manufactured after‑shave lotions (ASL) under a licence for cosmetics. In 1985 it sought re‑classification of the product as a "medicinal preparation" to obtain a lower excise duty; the Excise Commissioner classified it as medicinal, a decision later challenged. The State issued …

THE GOVERNMENT OF TAMIL NADU AND ORS.versusM. ANANCHU ASARI AND ORS.

2003 INSC 578Disposed off

The case concerned employees of the Tamil Nadu State Transport Department who were deputed to newly formed Transport Corporations and later permanently absorbed. The State Government fixed 1 May 1975 as the cut‑off date for determining pension eligibility, but the Madras High Court held this date …

UNION OF INDIAversusAHMEDABAD ELECTRICITY CO. LTD. AND ORS.

2003 INSC 579Dismissed

The Court examined whether cinder, the unburnt portion of coal left after its use as fuel in factories, is liable to excise duty under Entry 26.21 of the Central Excise Tariff Act, 1985. It held that cinder is not a product of manufacture because coal is used only as fuel and no transformation …

STATE OF U.P.versusRAM BAHADUR SINGH AND ORS.

2003 INSC 580Dismissed

The case arose from a property dispute that culminated in a shooting on 6 December 1974, resulting in the death of Onkar Nath Singh. The trial court convicted four accused under IPC 302, with three also charged under section 34. On appeal, the Allahabad High Court acquitted the accused, finding …

STATE BANK OF INDIAversusRAM DAS AND ANR.

2003 INSC 581Dismissed

The State Bank of India entered into a construction contract with a contractor that contained an arbitration clause. An umpire awarded Rs. 15.85 lakh to the contractor in 1984, then filed the award himself in the Hyderabad Civil Court and engaged a lawyer to conduct the proceedings, making the award …

BABU PARASU KAIKADI (DEAD) BY LRS.versusBABU (DEAD) THROUGH LRS.

2003 INSC 572Appeal(s) allowed

The appellant, a tenant of agricultural land since 1948‑49, was dispossessed by the landlord in 1956 without complying with the procedure prescribed under the Bombay Tenancy and Agricultural Lands Act, 1948. The tenant later sought restoration of possession under Section 32(1B) of the Act, but the …

STATE OF PUNJABversusJOGINDER SINGH AND ANR.

2003 INSC 582Disposed off

The State of Punjab appealed the High Court's acquittal of Joginder Singh and Nachhattar Singh for the death of Makhan Singh. The incident occurred on 20 April 1992 when Joginder Singh demanded Rs.100 from Makhan, who could not pay, and subsequently pressed his neck, causing death, as confirmed by a …

SARVA SHRAMIK SANGHversusMIS. INDIAN SMELTING AND REFINING CO. LTD. AND ORS.

2003 INSC 569Dismissed

The appellants, a workers' union, challenged a complaint filed under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, arguing that the employer‑employee relationship with the principal employer was disputed and should be decided under the Industrial …

UNION OF INDIAversusMADHUSUDAN PRASAD

2003 INSC 570Dismissed

Madhusudan Prasad, a Safai Karamchari of the CRPF, failed to report for duty after his leave expired, was treated as a deserter, arrested and sentenced to 15 days rigorous imprisonment, and was subsequently dismissed without any enquiry or show‑cause notice. The appellate authority set aside the …

JAI KARAN AND ORS.versusSTATE OF U.P.

2003 INSC 571Dismissed

The appellants Jai Karan, Veer Bhadra and Babu were convicted for murder and related offences under Sections 148, 149, 302 and 323 of the IPC after a prosecution case that relied heavily on the testimony of an injured eyewitness, PW‑2, who was a relative of the deceased. The appellants challenged …

TULSHIDAS KANOLKARversusTHE STATE OF GOA

2003 INSC 567Dismissed

Tulshidas Kanolkar was convicted of rape and criminal intimidation of a mentally challenged girl who later gave birth to a stillborn child. The appellant argued that the delay in filing the FIR, the non‑examination of certain witnesses, and the victim’s alleged consent should exonerate him or reduce …

THE MUNICIPAL CORPORATION OF GREATER BOMBAYversusSHRI LAXMAN IYER AND ANR.

2003 INSC 568Case Partly allowed

The parents of an 18‑year‑old cyclist who died after being struck by a bus owned by the Municipal Corporation of Greater Bombay filed a claim petition under Sections 110‑A and 110‑B of the Motor Vehicles Act, 1939. The Motor Accidents Claims Tribunal awarded compensation using a multiplier of 15, …

BHUPINDER SHARMAversusSTATE OF HIMACHAL PRADESH

2003 INSC 562Dismissed

The appellant Bhupinder Sharma was convicted of gang rape under Section 376 read with Section 34 of the IPC and of kidnapping under Section 342. The trial court sentenced him to four years' rigorous imprisonment for the rape, citing that he had not actually completed the act before the victim …

BOMBAY STOCK EXCHANGEversusJAYA I. SHAH AND ANR.

2003 INSC 563Disposed off

The Bombay Stock Exchange (BSE) held the assets of a defaulting member, C.S. Shah, in its Defaulters' Committee, which is merely an association of persons and not a juristic entity. Ms. Indu Malhotra obtained an arbitration award against Shah, which was made a rule of court and a decree, and sought …

SUPERINTENDING ENGINEER AND ORS.versusA. SANKARAIAH

2003 INSC 564Appeal(s) allowed

The respondent was appointed Junior Engineer in 1980, later declared surplus and redeployed to the Central Public Works Department (CPWD) in 1988 under the Government's 1966 Office Memorandum (OM) which treated redeployed staff as fresh entrants for seniority purposes. The CPWD's 1991 OM provided a …

BSES LTD.versusM/S. TATA POWER CO. LTD. AND ORS.

2003 INSC 565Dismissed

BSES Ltd., a distribution licensee, and Tata Power Co. Ltd. (TPC), a bulk licensee, disputed the amount BSES should pay for a 275 MVA standby power facility provided by TPC, which itself paid charges to the Maharashtra State Electricity Board (MSEB) for a 550 MVA standby capacity. The State …

STATE OF U.P. AND ORS.versusVAM ORGANIC CHEMICALS LTD. AND ORS.

2003 INSC 566Dismissed

The State of Uttar Pradesh imposed a licence fee of 15 paise per litre on specially denatured spirit (SDS) under Rule 3(a) of the 1978 Rules, which the respondents challenged as an illegal tax. The Supreme Court examined whether the fee was a genuine regulatory fee supported by a quid pro quo …

M.L. YACOB SHERIFF (D) BY LRS.versusRAJRANI DEVI

2003 INSC 561Dismissed

The landlord appealed against lower courts that had refused to include the portion of land on which the tenant, with the landlord's permission, had erected a building for the purpose of fixing fair rent under the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960. The issue was whether such land …

KAMALJIT SINGHversusSTATE OF PUNJAB

2003 INSC 552Dismissed

The appellant, Kamaljit Singh, was charged with the murder of Gurcharan Singh and Sucha Singh and with causing grievous hurt to Udain Gosha. The trial court acquitted him, citing a delay in filing the FIR, a minor discrepancy between medical and ocular evidence, and the alleged bias of the key …

SUSHIL KUMARversusRAKESH KUMAR

2003 INSC 553Appeal(s) allowed

The appellant challenged the election of the respondent to the Bihar Legislative Assembly on the ground that the respondent was under 25 years of age at the time of filing his nomination, violating Article 173(b) of the Constitution and Section 36(2) of the Representation of the People Act. The High …

STATE OF U.P. AND ORS.versusJAGJEET SINGH AND ORS.

2003 INSC 551Disposed off

The State of Uttar Pradesh ordered the closure of liquor shops licensed to Jagjeet Singh and others under Section 59 of the U.P. Excise Act during curfew periods caused by communal disturbances. The licensees sought remission of licence fees for the closure period, but the State refused. The High …

M. ANASUYDEVI AND ANR.versusM. MANIK REDDY AND ORS.

2003 INSC 554Appeal(s) allowed

The parties, members of a joint Hindu family, referred a dispute over partition of family property to an arbitral tribunal, which delivered an award on 31 May 1998 (corrected on 10 June 1998). The respondents filed petitions under Section 34(1) of the Arbitration and Conciliation Act, 1996 seeking …

UNION OF INDIA AND ANR.versusV.N. BHAT

2003 INSC 555Dismissed

V.N. Bhat, a Lower Division Clerk in the Ministry of Defence since 1962, transferred to the Postal Department in 1982 and was placed at the bottom of the seniority list. The Post and Telegraph Department introduced a One Time Bound Promotion Scheme and a B.C.R. Scheme for employees with 16 or 26 …

STATE OF NAGALAND AND ANR.versusTOULVI KIBAMI AND ANR.

2003 INSC 556Appeal(s) allowed

The case concerned the promotion of a diploma‑holding Superintending Engineer to the post of Additional Chief Engineer in Nagaland. The High Court set aside the promotion on the ground that only degree‑holders were eligible, but the Letters Patent Bench reversed that decision and directed the State …

CHANDER PAL @ RAJ PALversusSTATE OF HARYANA

2003 INSC 557Disposed off

On 11 July 1996, a group of about ten to twelve men attacked Mann Singh and Surinder Singh in Ballabhgarh, Haryana, and later assaulted Megh Shyam, who was shot by Surinder Singh and later died. The trial court convicted seven accused under section 302 read with section 149 IPC for murder, and the …

SIMON AND ORS.versusSTATE OF KARNATAKA

2003 INSC 558Appeal(s) allowed

The case involved a police convoy ambushed by Veerappan's gang, resulting in seven deaths. Seven accused were convicted by a Special Designated Court under the TADA Act, IPC and Arms Act, largely on the testimony of two eyewitnesses and several confessional statements. On appeal, the Supreme Court …

STATE OF PUNJABversusPARAMJIT SINGH AND ORS.

2003 INSC 559Appeal(s) allowed

The State of Punjab appealed against a Punjab & Haryana High Court order that granted Art‑cum‑Lattering Experts, Production Artists and related cadres a pay‑scale of Rs 1800‑3200, the same as that given to Assistants in Class A and B offices. The High Court had relied on the then‑precedent Haryana …

SURESHCHANDRA SINGH AND ORS.versusFERTILIZER CORPN. OF INDIA LTD. AND ORS.

2003 INSC 560Dismissed

The Government of India, following the Fifth Central Pay Commission, issued an Office Memorandum (OM) on 13 May 1998 to raise the retirement age of Central Government employees from 58 to 60 years, stipulating that it would take effect only after amendment of the relevant rules. The Ministry of …

PARASA RAJU MANIKYALA RAO AND ANR.versusSTATE OF A.P.

2003 INSC 548Dismissed

The appellants, Parasa Raju Manikyala Rao and another, were convicted by the Andhra Pradesh High Court under Section 302 read with Section 34 of the Indian Penal Code for the murder of Parasa Satyanarayana. They appealed to the Supreme Court, contending that no common intention to commit murder …