BHAGWAN SINGH AND ORS.versusSTATE OF M.P.
2003 INSC 2823 January 2003Appeal(s) allowed
The Supreme Court examined the conviction of Bhagwan Singh and two co‑accused for murder and related offences under the IPC and the Madhya Pradesh Dacoity Vihavaran Kshetra Act. The conviction was based primarily on the testimony of a six‑year‑old child eye‑witness and a judicial confession recorded under Section 164 C…
GHAZIABAD DEVELOPMENT AUTHORITYversusANOOP SINGH AND ANR.
2003 INSC 3023 January 2003Case Partly allowed
The Ghaziabad Development Authority acquired about 6,200 sq. yards of land in 1964‑67. The original award fixed the market value at Rs 2 per sq. yard; claimants sought reference and claimed Rs 20 per sq. yard, later amended to Rs 100 per sq. yard under the CPC. The Reference Court awarded Rs 40 per sq. yard with 15% so…
HIGH COURT OF JUDICATURE AT BOMBAY THROUGH REGISTRAR AND ANR.versusBRIJ. MOHAN GUPTA (DEAD) THROUGH LRS. AND ANR.
2003 INSC 2923 January 2003Disposed off
Brij Mohan Gupta, a judge appointed directly from the Bar, was ordered to retire at age 58 by the Bombay High Court after an adverse committee report, despite his claim under Rule 10(3)(c) of the Maharashtra Civil Services (Pension) Rules, 1982 that he could serve until completing ten years of qualifying service. The H…
M/S. CONTINENTAL CONSTRUCTION LTD.versusSTATE OF U.P.
2003 INSC 50022 September 2003Appeal(s) allowed
Continental Construction Ltd. entered into a contract with the State of Uttar Pradesh for dam construction. A dispute arose over claims for extra earth and rock, which were referred to arbitration. The respondent failed to appoint an arbitrator, so the appellant's arbitrator acted as sole arbitrator, and later the matt…
STATE OF ORISSA AND ORS.versusBHIKARI CHARAN KHUNTIA AND ORS. ETC.
2003 INSC 50122 September 2003Appeal(s) allowed
The respondents, whose names were forwarded by employment exchanges for 150 Junior Assistant posts, filed writ petitions seeking a mandamus directing the State to complete recruitment and appoint them. The Orissa High Court ordered the State to hold interviews and fill the vacancies. On appeal, the Supreme Court held t…
STATE OF PUNJABversusPOHLA SINGH AND ANR.
2003 INSC 50222 September 2003Appeal(s) allowed
The State of Punjab appealed the acquittal of Pohla Singh and Balkaur Singh, who had been convicted by the trial court for murder under s.302 r/w s.34 IPC. The Punjab and Haryana High Court set aside the conviction, citing an alleged delay in lodging the FIR and questioning why the murder was committed at 5.30 a.m. The…
A.I. RAILWAY PARCEL & GOODS PORTERS UNIONversusUNION OF INDIA AND ORS.
2003 INSC 41222 August 2003Disposed off
The All India Railway Parcel & Goods Porters Union sought the regularisation of parcel porters employed on a contract basis, arguing that the work is permanent and perennial and that earlier Supreme Court directions required their absorption as permanent employees. The Railway Administration contended that the work is …
STATE OF RAJASTHANversusKHERAJ RAM
2003 INSC 41322 August 2003Appeal(s) allowed
Kheraj Ram, suspecting his wife's infidelity, murdered his wife, two daughters and his brother‑in‑law on the night of 10‑10‑1992. The trial court convicted him under Section 302 IPC and imposed death, relying on a series of circumstantial facts – motive, prior quarrels, his presence with the victims, an extra‑judicial …
NAZIR KHAN AND ORS.versusSTATE OF DELHI
2003 INSC 41422 August 2003Directions issued
The case involved nine accused who conspired to kidnap foreign nationals in India to demand the release of jailed militants. The main conspirator, Umar Sheikh, escaped after an exchange of hijacked‑plane passengers, while six co‑accused were convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA…
RAMASHRAY SINGHversusNEW INDIA ASSURANCE CO. LTD. AND ORS.
2003 INSC 32722 July 2003Dismissed
The appellant, owner of a passenger‑carrying vehicle, insured the vehicle with New India Assurance Company. A khalasi (crew member) employed by the appellant died in an accident. The heirs claimed compensation under the Workmen's Compensation Act against both the appellant and the insurer. The Workmen's Compensation Co…
CHANDRA SINGHversusSTATE OF RAJASTHAN AND ANR.
2003 INSC 32622 July 2003Dismissed
The appellants, three members of the Rajasthan Higher Judicial Service, were compulsorily retired on 31 March 1999 under a notification that reduced the retirement age to 58 years, with an exception allowing extension to 60 years for officers deemed to have continued utility. They challenged the order, arguing that the…
VICE CHAIRMAN AND MANAGING DIRECTOR A.P.S.L.D.C. LTD. AND ANR.versusR. V ARAPRASAD AND ORS.
2003 INSC 29622 May 2003Disposed off
The Andhra Pradesh State Irrigation Development Corporation (the appellant) introduced several phases of a Voluntary Retirement Scheme (VRS) for its employees, fixing specific cut‑off dates for calculating VRS benefits. Employees whose applications were accepted continued in service beyond the cut‑off dates because the…
VJJAY SYAL AND ANR.versusSTATE OF PUNJAB AND ORS.
2003 INSC 29722 May 2003Dismissed
The Punjab Subordinate Selection Board conducted a written test for Assistant District Transport Officer posts and later lowered the qualifying standard, calling additional candidates for interview. The appellants, who were not selected, challenged the selection on grounds of arbitrariness, excessive interview marks, a…
SANTOSH KUMARversusSTATE OF ANDHRA PRADESH AND ORS.
2003 INSC 29822 May 2003Dismissed
The case concerned the regularisation of several Head Constables who had been temporarily promoted as Out of Seniority Sub‑Inspectors (OSSI) in 1983 without following the recruitment rules. The State Government, between 1996‑97, exercised its power under Rule 47 of the Andhra Pradesh State and Subordinate Service Rules…
ALI M.K. AND ORS.versusSTATE OF KERALA AND ORS.
2003 INSC 24822 April 2003Dismissed
The petitioners, originally appointed in the Rural Development Department of Kerala, later transferred to the Co-operative Department after applying through the Kerala Public Service Commission. When a promotion list was prepared for the Rural Development Department, a dispute arose whether the petitioners retained a l…
PUNJAB NATIONAL BANKversusINDIAN BANK AND ANR.
2003 INSC 24922 April 2003Appeal(s) allowed
Punjab National Bank (PNB) sued Indian Bank and Indo‑Europe Foods Ltd for recovery of a US‑dollar bank guarantee amounting to USD 5,237,284.54. The plaint sought a decree in US dollars with rupee equivalents for court‑fee and jurisdiction purposes. PNB later applied to amend the pleading to delete the rupee equivalents…
COMMISSIONER OF CENTRAL EXCISE, CHANDIGARH-IIversusM/S STEEL STRIPS LTD. ETC.
2003 INSC 25022 April 2003Disposed off
Mis Steel Strips Ltd. manufactured cold rolled steel strips from hot rolled strips and claimed a refund of excise duty paid on the cold rolled strips. The revenue department rejected the claim, asserting that hot and cold rolled strips are distinct excisable commodities under separate tariff sub‑headings and that the a…
VIRENDER SINGH AND ORS.versusUNION OF INDIA
2003 INSC 25122 April 2003Appeal(s) allowed
The petitioners, Virender Singh and others, challenged the compensation awarded for land acquired in 1959 under the Land Acquisition Act, 1894, arguing that the market value should be higher than the Rs.10,000 per Bigha fixed by the Reference Court and affirmed by the Delhi High Court. The High Court had relied on sale…
M. CHINNASAMYversusK.C. PALANISAMY AND ORS.
2003 INSC 66121 November 2003Appeal(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 required particulars…
AMERANDRA PRATAP SINGHversusTEJ BAHADUR PRAJAPATI AND ORS.
2003 INSC 66221 November 2003Appeal(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 than twelve years of …
THE LAND ACQUISITION OFFICER, KAMMARAPALLY VILLAGE, NIZAMABAD DISTRICT, ANDHRA PRADESHversusNOOKALA RAJAMALLU AND ORS.
2003 INSC 66321 November 2003Case Partly allowed
The Government acquired 11.33 acres of agricultural land in Kammarapally village, Nizamabad district for housing weaker sections, issuing a notification under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer fixed compensation at Rs.12,325 per acre, which was enhanced by the Reference Court …
MANAGER, NIRMALA SENIOR SECONDARY SCHOOL, PORT BLAIRversusN.I. KHAN AND ORS.
2003 INSC 66421 November 2003Disposed 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 order a separate enquiry…
BIHAR STATE MINERAL DEVELOPMENT CORPN. AND ANR.versusENCON BUILDERS (I) PVT. LTD.
2003 INSC 40921 August 2003Dismissed
Bihar State Mineral Development Corporation (appellant) awarded a contract to ENCON Builders (respondent) for excavation work. The respondent failed to perform, leading the corporation to re‑allocate the work and incur losses. Clause 60 of the contract stipulated that any dispute would be decided by the Managing Direct…
M/S. WIDIA (INDIA) LTD. AND ORS.versusTHE STATE OF KARNATAKA AND ORS.
2003 INSC 41021 August 2003Dismissed
The case concerned the Karnataka Tax on Entry of Goods Act, 1979 and its amendment in 1993 which inserted the words "retrospectively or prospectively" in Section 3(1). The petitioners challenged the validity of the amendment for lack of the President's assent under Article 304(b) of the Constitution, and also questione…
GWALIOR DUGDHA SANGH SAHAKARI LTD.versusG.M. GOVT. MILK SCHEME, NAGPUR AND ORS.
2003 INSC 41121 August 2003Disposed off
Gwalior Dugdha Sangh Sahakarj Ltd, a society registered under the Madhya Pradesh Co-operative Societies Act, entered into milk supply agreements with the Government Milk Scheme, Nagpur, which were executed in Maharashtra. The agreements contained an arbitration clause designating the Dairy Development Commissioner, Bom…
MOTILAL AND ANR.versusNIYAZUDDIN (DEAD) BY LRS. AND ORS.
2003 INSC 32321 July 2003Appeal(s) allowed
The plaintiffs, Motilal and others, owned land recorded in revenue records but the State of Madhya Pradesh had taken the land under Nigrani (supervision) to recover a loan and handed it to a cultivator, who in turn gave possession to the respondent Niyazuddin. After the loan was repaid, the State restored possession to…
M/S. BHARAT HEAVY ELECTRICAL LTD.versusSTATE OF U.P. AND ORS.
2003 INSC 32421 July 2003Dismissed
Gardeners were engaged through an agency to maintain lawns within the premises of Bharat Heavy Electrical Ltd (the appellant). Their services were terminated and they raised an industrial dispute, claiming reinstatement and compensation under Section 6‑N of the Uttar Pradesh Industrial Disputes Act, 1947. The Labour Co…
CHITTAR LALversusSTATE OF RAJASTHAN
2003 INSC 32521 July 2003Dismissed
The appellant Chittar Lal was convicted of murder under Section 302 IPC for killing Lattor Lal. The sole surviving eyewitness, PW3, was not named in the FIR, and two other eyewitnesses turned hostile during trial. The appellant argued that conviction could not rest on a single witness whose name was omitted from the FI…
JOHN VALLAMATTOM AND ANR.versusUNION OF INDIA
2003 INSC 32221 July 2003Case Allowed
The petitioners, two Christians, challenged Section 118 of the Indian Succession Act, 1925 which barred Christians from bequeathing property for religious or charitable purposes unless a will was executed at least twelve months before death and deposited as prescribed. They argued that the provision discriminated again…
THE COMMISSIONER OF POLICE, HUBLI AND ANR.versusR.S. MORE
2003 INSC 2521 January 2003Appeal(s) allowed
R.S. More was appointed as a police constable on probation for two years and six months starting 26 June 1992. His probation expired on 2 December 1994, but he continued in service and his probation was later extended by one year and three months on 14 March 1996. He was discharged on 12 November 1997 under Rule 6 of t…
RIZAN AND ANOTHERversusSTATE OF CHHATISGARH, THROUGH THE CHIEF SECRETARY, GOVT. OF CHHATISGARH, RAIPUR, CHHATISGARH
2003 INSC 2621 January 2003Dismissed
The appellants Rizan and Duda were convicted for assaulting Jhanguram (PW‑2) and his wife (PW‑4) under IPC sections 326 and 323. They appealed, claiming the acts were in private defence, that related witnesses should be disbelieved, that the conviction was unsafe because four co‑accused were acquitted, and that the sen…
COMPTROLLER AND AUDITOR GENERALversusKAMLESH VADILAL MEHTA
2003 INSC 2421 January 2003Dismissed
The Comptroller and Auditor General (CAG) issued an advertisement inviting applications from Chartered Accountant firms for empanelment to audit government companies, restricting eligibility to partnership firms except in certain states where proprietary firms could apply. K.V. Mehta, a sole proprietor, was rejected an…
MODI ENTERTAINMENT NETWORK AND ANR.versusW.S.G. CRICKET PTE. LTD.
2003 INSC 2721 January 2003Dismissed
Modi Entertainment Network and another filed a suit in the Bombay High Court for damages arising from a contract granting exclusive telecast rights for the ICC Knockout Tournament. The contract contained a clause that disputes would be governed by English law and submitted to the non‑exclusive jurisdiction of the Engli…
GOA PLAST (P.) LTD.versusCHICO URSULA DSOUZA
2003 INSC 65820 November 2003Disposed 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 the Negotiable Instrum…
LIVERPOOL AND LONDON S.P. AND I ASSON. LTD.versusM.V. SEA SUCCESS I AND ANR.
2003 INSC 65920 November 2003Appeal(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 under Order 7 Rule 1…
PRAMOD K. PANKAJversusSTATE OF BIHAR AND ORS.
2003 INSC 66020 November 2003Appeal(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 Personnel Department. The Pe…
STATE OF PUNJAB AND ANR.versusMIS. DEVANS MODERN BREWERIES AND ANR. ETC.
2003 INSC 65320 November 2003Case 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 held that the fees a…
K. SIVARAMAIAHversusRUKMANI AMMAL
2003 INSC 65520 November 2003Disposed 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 deciding any easement ri…
STATE OF JAMMU AND KASHMIRversusGHULAM MOHD. DAR AND ANR.
2003 INSC 65420 November 2003Appeal(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 should apply to all item…
STATE OF KERALA AND ORS.versusN. AVINASIAPPAN
2003 INSC 65620 November 2003Appeal(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 dismissed, and a subsequ…
KHETRABASL BLSWALversusAJAYA KUMAR BARAL AND ORS.
2003 INSC 65720 November 2003Appeal(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 directed appointments …
STATE OF U.P.versusPREMI AND ORS.
2003 INSC 11320 February 2003Appeal(s) allowed
The State of U.P. alleged that the accused entered the house of Raghubir (PW3) at midnight, assaulted him with the butt of a pistol and, when his wife intervened, also struck her, leading to her death the next day. The trial court convicted the accused under Sections 302 r/w 34, 307 r/w 34 and 452 IPC. The Allahabad Hi…
DAEWOO MOTORS INDIA LTD.versusUNION OF INDIA AND ORS.
2003 INSC 11420 February 2003Dismissed
Daewoo Motors India Ltd imported plant and equipment under the Export Promotion Capital Goods (EPCG) Scheme, which required it to meet export obligations equal to six times the CIF value of the imports. The company furnished bank guarantees for licences exceeding Rs 100 crore. Although the export‑obligation period was …
UNION OF INDIAversusJUSTICE (RETD.) S. N. SAXENA AND ORS.
2003 INSC 11220 February 2003Dismissed
Retired judges of the High Court, including Justice S.N. Saxena, sought payment of the balance of their leave‑encashment amount or permission to deposit it in the Treasury after retirement. The Union of India refused, relying on the "one‑time settlement" concept in Rule 208 of the All India Services (Leave) Rules, 1955…
U.O.IversusA.P. BAJPAI AND ORS.
2003 INSC 2120 January 2003Appeal(s) allowed
The respondent, a temporary Assistant Central Intelligence Officer-II in the Intelligence Bureau, was terminated on grounds of negligence and dereliction of duty. He challenged the termination before the Central Administrative Tribunal (CAT), which set aside the order and declared him to be in continued service. On app…
SHRI JUSTICE S.K. RAYversusSTATE OF ORISSA AND ORS.
2003 INSC 2220 January 2003Appeal(s) allowed
Justice S.K. Ray, a former Chief Justice of the Orissa High Court, was appointed Lokpal under the Orissa Lokpal and Lokayukta Act, 1970 for a five‑year term. The Act was repealed by the Orissa Lokpal and Lokayukta (Repeal) Ordinance, 1992 (later replaced by the 1995 Act), causing him to cease office before the term exp…
DARPAN KUMAR SHARMA @ DHARBAN KUMAR SHARMAversusSTATE OF TAMIL NADU AND ORS.
[2003] 1 S.C.R. 44220 January 2003Case Allowed
The petitioner, an under‑trial prisoner for theft and robbery, was detained under Section 3 of the Tamil Nadu Prevention of Dangerous Activities Act, 1982 on the ground that he had pelted stones at the public while committing a robbery, allegedly creating alarm and threatening public order. He challenged the detention …
U. DHAR AND ANR.versusTHE STATE OF JHARKHAND AND ANR.
2003 INSC 2320 January 2003Appeal(s) allowed
The appellants, senior officials of Tata Construction & Projects Ltd, were sued criminally by Singh Construction Co. for allegedly misappropriating payment received from Bokaro Steel Plant for contract work. The complaint invoked IPC sections 403, 406, 420 and 1208, alleging dishonest conversion of money. The Chief Jud…
GANGA RETREAT AND TOWERS LTD. AND ANR.versusSTATE OF RAJASTHAN AND ORS.
2003 INSC 74119 December 2003Dismissed
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 bye‑laws were amend…
RADHA RAMAN SAMANTAversusBANK OF INDIA AND ORS.
2003 INSC 74219 December 2003Appeal(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 the petition, but th…
CHANAKYA DHIBAR (DEAD)versusSTATE OF WEST BENGAL AND ORS.
2003 INSC 74319 December 2003Appeal(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 PW‑5) and labeling them …
VIDEOCON PROPERTIES LTD.versusDR. BHALCHANDRA LABORATORIES AND ORS.
2003 INSC 74419 December 2003Appeal(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 sellers returned only the …
HOWRAH MUNICIPAL CORPN. AND ORS.versusGANGES ROPE CO. LTD. AND ORS.
2003 INSC 74519 December 2003Appeal(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 sanction. After the corpora…
M/S. TERI OAT ESTATES (P) LTD.versusU.T. CHANDIGARH AND ORS.
2003 INSC 74619 December 2003Disposed 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 the lease with forf…
STATE OF MANIPUR AND ANR.versusR.K. MANIKANTA SINGH AND ORS.
2003 INSC 74719 December 2003Disposed 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, enabling his considera…
F.M. DEVARU GANAPATI BHATversusPRABHAKAR GANAPATHI BHAT
2003 INSC 74819 December 2003Dismissed
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 not yet born. The r…
BOARD OF SECONDARY EDUCATION OF ASSAMversusMD. SARIFUZ ZAMAN AND ORS.
2003 INSC 74919 December 2003Appeal(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 period prescribed f…
ITW SIGNODE INDIA LTD.versusCOLLECTOR OF CENTRAL EXCISE
2003 INSC 64719 November 2003Case 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 short‑levy of duty could…
SHYAM SINGHversusDARYAO SINGH (DEAD) BY LRS. AND ORS.
2003 INSC 64919 November 2003Appeal(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 2‑4) and could not be …
HARINAGAR SUGAR MILLS LTD.versusSTATE OF BIHAR AND ORS.
2003 INSC 65019 November 2003Dismissed
Harinagar 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 and penalties for the…
GOURA VENKATA REDDYversusSTATE OF ANDHRA PRADESH
2003 INSC 65119 November 2003Case 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 147, a decision affir…
ASHAN DEVI AND ANRversusPHULWASI DEVI AND ORS.
2003 INSC 65219 November 2003Appeal(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 Rule 99 CPC alleging…
UNION OF INDIA AND ANR.versusM/S. SOHAN LAL PUGLIA
2003 INSC 64819 November 2003Appeal(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 contractor invoked the cla…
JUPUDI VENKATA VIJAYA BHASKARversusJUPUDI KESAVA RAO (D) AND ORS.
2003 INSC 49719 September 2003Dismissed
J.V.V. Bhaskar was adopted by J.K. Rao after being fostered by him since 1957. Before the adoption, the parties executed an ante‑adoption agreement in which Bhaskar, a major, agreed not to claim certain properties that had already been settled in his favour. Bhaskar later sued, contending that the agreement violated Se…
M. PRABHULALversusTHE ASSISTANT DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE
2003 INSC 49819 September 2003Dismissed
The Supreme Court examined the appeal of four accused convicted under the NDPS Act for a large heroin seizure. The appellants contended that their confessional statements recorded under Section 67 were involuntary, obtained through torture, and inadmissible because they were made to Revenue Intelligence officers rather…
M.NARAYANDASversusSTATE OF KARNATAKA AND ORS.
2003 INSC 49919 September 2003Appeal(s) allowed
M. Narayandas, the owner of a plot of land, filed a suit for permanent injunction after his sister's family attempted to transfer the land based on documents he alleged were forged. He lodged a criminal complaint alleging forgery, leading to an FIR under IPC sections 468, 470, 471 and 120B. The Karnataka High Court, in…
IBRAHIMPATNAM TALUK VYAVASAY COOLIE SANGHAMversusK. SURESH REDDY AND ORS.
2003 INSC 40319 August 2003Disposed off
The case concerned validation certificates issued by Tahsildars for transfers of agricultural land that were later cancelled by the Joint Collector exercising suo‑motu power under Section 50‑B(4) of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act. The appellants argued that the Collector could act…
MADAN LAL AND ANR.versusSTATE OF HIMACHAL PRADESH
2003 INSC 40419 August 2003Dismissed
The police received a secret telephonic tip that charas was being transported in a car, recorded the information and promptly transmitted it to the Superintendent of Police as required under Section 42 of the NDPS Act. A raiding party intercepted the vehicle, seized a bag containing charas, and sent sealed samples for …
STATE OF M.P.versusKEDIA LEATHER AND LIQUOR LTD. AND ORS .
2003 INSC 40519 August 2003Case Partly allowed
The State of Madhya Pradesh challenged the closure orders issued by a Sub‑Divisional Magistrate under Section 133 of the Code of Criminal Procedure (Cr.P.C.) against Kedia Leather and Liquor Ltd. for alleged water and air pollution. The High Court held that the Water (Prevention and Control of Pollution) Act, 1974 and …
STATE BANK OF INDIAversusL. KANNAIAH AND ORS.
2003 INSC 40619 August 2003Case Partly allowed
Several former army sepoys who joined the State Bank of India (SBI) as security guards sought admission to the SBI Employees' Pension Fund. Their applications were rejected on the grounds that they were over 35 years of age on the cut‑off date of 1 January 1965 (later raised to 38) and, for some, that their total servi…
PUNIT RAIversusDINESH CHAUDHARY
2003 INSC 40019 August 2003Appeal(s) allowed
The petitioner challenged the election of Dinesh Chaudhary to a Bihar Assembly seat reserved for Scheduled Castes, alleging that Chaudhary was a Kurmi (OBC) and not a Pasi (SC). The Returning Officer, despite lodging an FIR and having grave doubts about Chaudhary's caste certificate, accepted his nomination paper. The …
LUDHIANA CENTRAL CO-OPERATIVE BANK LTD.versusAMRIK SINGH AND ORS.
2003 INSC 40719 August 2003Appeal(s) allowed
The Ludhiana Central Co‑operative Bank invited applications for junior clerk/typist posts and, after conducting tests, prepared a merit list. The Registrar of Co‑operative Societies ordered a freeze on all appointments due to state elections, and the new government later banned all recruitments. Despite these directive…
S.R. RAMARAJversusSPECIAL COURT, BOMBAY
2003 INSC 40119 August 2003Appeal(s) allowed
Standard Chartered Bank sued Canbank Mutual Fund (CMF) for a refund of securities transactions. CMF's written statement, verified by its employee S.R. RamaraJ, claimed the transactions were squared off, a position later contested by the Special Court which held RamaraJ in contempt for allegedly making a false defence a…
M/S. BHILAI REROLLERS ETC. ETC.versusMADHYA PRADESH ELECTRICITY BOARD AND ORS.
2003 INSC 40819 August 2003Dismissed
The appellants, steel re‑rolling mills, had a low‑tension electricity supply contract for a 150 HP load. The Board installed a Maximum Demand Indicator (MDI) meter to record the highest 30‑minute demand and, based on its readings, raised additional charges for excess load at double the normal tariff. The appellants cha…
VINOD KUMARversusPREM LATA
2003 INSC 40219 August 2003Dismissed
The landlord sought eviction of the tenant under Section 13(2)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 for non‑payment of rent. The High Court ordered eviction, but the Supreme Court, on special leave, set aside that order and remitted the matter to the Rent Controller to apply the law laid dow…
CHANDRAMOHAN RAMCHANDRA PATIL AND ORS.versusBAPU KOYAPPA PATIL (DEAD) THROUGH LRS. AND ORS.
2003 INSC 10619 February 2003Dismissed
RAMGOPAL AND ANR.versusBALAJI MANDIR TRUST AND ORS.
2003 INSC 10719 February 2003Dismissed
The Balaji Mandir Trust, a religious institution registered under the Madhya Pradesh Public Trust Act, filed an eviction suit against tenants Ramgopal and others, relying on a notification issued under Section 3(2) of the Madhya Pradesh Accommodation Control Act, 1961 that exempted trust properties from the Act. The te…
MATHEW P. THOMASversusKERALA STATE CIVIL. SUPPLY CORPN. LTD. AND ORS.
2003 INSC 10819 February 2003Dismissed
Mathew P. Thomas, a probationary Junior Manager (Quality Control) with Kerala State Civil Supplies Corporation, was terminated after multiple show‑cause notices alleging negligence and misconduct in accepting inferior stock. The corporation argued the termination was based on unsatisfactory performance during probation…
UDAYversusSTATE OF KARNATAKA
2003 INSC 10919 February 2003Appeal(s) allowed
The appellant, a 20‑year‑old man, was convicted of rape under Section 376 IPC for having sexual intercourse with a 19‑year‑old college student who alleged that she consented only because he promised to marry her. The trial court and the Karnataka High Court held that the promise constituted fraud that vitiated consent,…
G. CHRISTHUDAS AND ANR.versusANBIAH (DEAD) AND ORS.
2003 INSC 11019 February 2003Appeal(s) allowed
A suit filed in 1960 for declaration of church properties was dismissed, and plaintiffs 1, 3 and 5 appealed while plaintiff 4 did not join. During the pendency of the appeal all appellants died. The legal heirs of appellant 4 applied to be impleaded as representatives and to set aside the abatement, but the High Court …
M/S. P & B PHARMACEUTICALS (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE
2003 INSC 11119 February 2003Appeal(s) allowed
M/s P & B Pharmaceuticals (P) Ltd., a small‑scale manufacturer of patent and proprietary medicines, used the logo "P/B" assigned by M/s P & B Laboratories Ltd. The Central Excise authorities issued several show‑cause notices alleging that its distributor was a related person and that the logo was also used by the assig…
IMDAD ALIversusKESHAV CHAND AND ORS.
2003 INSC 10519 February 2003Appeal(s) allowed
The landlord of a shop in Neemuch sued the heirs of the original tenant for eviction after they defaulted on rent. The original tenant, Badri Lal, had previously avoided eviction by invoking the proviso to sub‑section (3) of section 12 of the Madhya Pradesh Accommodation Control Act, 1961, and paying arrears. After Bad…
HARYANA STATE COOPERATIVE LAND DEVELOPMENT BANK LTDversusHARYANA STATE COOPERATIVE LAND DEVELOPMENT BANKS EMPLOYEES UNION AND ANR.
2003 INSC 73218 December 2003Appeal(s) allowed
The Haryana State Cooperative Land Development Bank (the Apex Bank) conducts its business through several Primary Cooperative Banks, whose staff (except class IV) are drawn from the Apex Bank. A union representing the Primary Bank employees filed a writ petition seeking bonus at the same rate as Apex Bank employees. Th…
STATE OF ANDHRA PRADESHversusK. SRINIVASULU REDDY AND ANR.
2003 INSC 73318 December 2003Appeal(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 charge under Section 120…
SHAMSUDDIN AND ORS.versusSTATE OF M.P.
2003 INSC 73418 December 2003Dismissed
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 court acquitted them, fi…
RAM SWAROOP AND ANR.versusMAHINDRU AND ORS.
2003 INSC 73518 December 2003Appeal(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 defendants (appellants) prove…
UNION OF INDIA AND ORS.versusC. KRISHNA REDDY
2003 INSC 73618 December 2003Case 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 Court examined wheth…
K. BALAKRISHNANversusK. KAMALAM AND ORS.
2003 INSC 73718 December 2003Case 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 bequeathing the same prope…
HARISHCHANDRA HEGDEversusSTATE OF KARNATAKA AND ORS.
2003 INSC 73818 December 2003Dismissed
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 contravention of the gra…
E.A. SATHY ANESANversusV.K. AGNIHOTRI AND ORS.
2003 INSC 73918 December 2003Appeal(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 Railways to work out reli…
M/S GORA LALversusUNION OF INDIA
2003 INSC 74018 December 2003Dismissed
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 arbitrator was appointed w…
SMT. LILA GHOSH (DEAD) THROUGH LR SHRI TAPAS CHANDRA ROYversusTHE STATE OF WEST BENGAL
2003 INSC 64118 November 2003Disposed off
The State of West Bengal acquired a compact block of land for a film studio and paid an advance of Rs.11,00,000. The claimants sought compensation based on the valuation of adjoining land, arguing for the application of the belting method and various percentage adjustments for frontage, largeness, potentiality, and pro…
K. ANBAZHAGANversusTHE SUPERINTENDENT OF POLICE AND ORS. ETC.
2003 INSC 64218 November 2003Case 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, and the public prosecu…
AMEER TRADING CORPORATION LTD.versusSHAPOORJI DATA PROCESSING LTD.
2003 INSC 63618 November 2003Dismissed
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 evidence should be taken o…
REKHA MUKHERJEEversusASHISH KUMAR DAS AND ANR.
2003 INSC 63718 November 2003Appeal(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 eviction decree until the …
GOVERNMENT OF WEST BENGALversusTARUN K. ROY AND ORS.
2003 INSC 63818 November 2003Appeal(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 that the two posts …
STATE OF MADHYA PRADESHversusAVADH KISHORE GUPTA AND ORS.
2003 INSC 64318 November 2003Appeal(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 relied on annexed docum…
HINDUSTAN LEVER AND ANR.versusSTATE OF MAHARASHTRA AND ANR.
2003 INSC 64418 November 2003Dismissed
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 constitutional competence…
THE HIGH COURT EMPLOYEES WELFARE ASSOCIATION, CALCUTTA AND ORS.versusSTATE OF WEST BENGAL AND ORS.
2003 INSC 63918 November 2003
The High Court Employees Welfare Association and others filed a writ petition under Article 32 challenging the Governor of West Bengal's refusal to approve the draft Calcutta High Court Service Rules, 1998 under Article 229(2) of the Constitution. The draft rules, prepared by a five‑judge committee after earlier consul…
ASHOK KUMAR PANDEYversusTHE STATE OF WEST BENGAL AND ORS.
2003 INSC 64518 November 2003Dismissed
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 Smt. Triveniben v. …
M/S. SATHYANARAYAN BROTHERS (P) LTD.versusTAMIL NADU WATER SUPPLY & DRAINAGE BOARD
2003 INSC 64618 November 2003Appeal(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 foreign exchange an…
SUDHAKAR VITHAL KUMBHAREversusSTATE OF MAHARASHTRA AND ORS.
2003 INSC 64018 November 2003Case 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 Maharashtra. The Supreme …
DAMODARversusSTATE OF RAJASTHAN
2003 INSC 49318 September 2003Appeal(s) allowed
The Supreme Court examined a murder case where the initial information about the offence came via a cryptic telephone call, followed by a written report by a child witness (PW‑15). It held that such telephonic information does not constitute a First Information Report and therefore the written report is not barred by S…
JITENDRA AND ANR.versusSTATE OF M.P.
2003 INSC 49418 September 2003Appeal(s) allowed
The appellants Jitendra and Sheela were arrested after police searched a scooter and a house, seizing charas and ganja. The prosecution relied on police testimony and a panchanama, but the seized drugs were never produced in court, the investigating officer was not examined, and key witnesses turned hostile. The High C…
M.C. MEHTAversusUNION OF INDIA AND ORS. ON BEHALF OF MONITORING COMMITTEE
2003 INSC 49518 September 2003
The Supreme Court, hearing a writ petition under Article 32 filed by environmental activist M.C. Mehta on behalf of a Monitoring Committee, examined the Taj Heritage Corridor project undertaken near the Taj Mahal. The Court found that construction and river‑bed reclamation work had commenced without the mandatory clear…
K.K. JOHNversusSTATE OF GOA
2003 INSC 49618 September 2003Dismissed
The appellant, a contractor, entered into a construction contract with the State of Goa that provided for arbitration of disputes. An arbitrator rendered an award in 1994, but the civil court remitted the award on two specific points for reconsideration. The arbitrator resigned before completing the reconsideration, an…
NAWAB SYED MURTAZA ALI KHAN (DEAD) BY LRS.versusPRESCRIBED AUTHORITY, RAMPUR AND ORS.
2003 INSC 39718 August 2003Appeal(s) allowed
The appellant, the legal heirs of the late Nawab of Rampur, claimed that 1,073 acres of agricultural land listed as his private property in the 1949 Merger Agreement and subsequent letters were exempt from the Uttar Pradesh Imposition of Ceiling on Land Holdings Act. The State's Prescribed Authority issued a notice tha…
UNION OF INDIAversusKULDIP SINGH PERMER AND ORS.
2003 INSC 39818 August 2003Dismissed
Respondent No. I, a Science Master in the Himachal Education Department since 1970, was deputed to the Special Services Bureau as Circle Organizer in 1977 and later absorbed in that post in 1984. The Department’s seniority list gave him seniority from the date of absorption, but he claimed seniority from the date he he…
B.P. SHARMAversusUNION OF INDIA AND ORS.
2003 INSC 39918 August 2003Appeal(s) allowed
The appellants, professional tourist guides, held identity cards issued by the Department of Tourism that permitted them to charge visitors for guiding services. Clause 17 of the governing instructions stipulated that the identity card would not be renewed once a guide turned 60 years old, leading to the denial of rene…
D.R. YADAV AND ANR.versusR.K. SINGH AND ANR.
2003 INSC 31918 July 2003Dismissed
The petitioners, D.R. Yadav and others, challenged a seniority list issued by the Uttar Pradesh Government after they and the respondent were absorbed into the U.P. Development Authorities Centralised Service. The dispute centered on whether seniority should be fixed under the general Uttar Pradesh Government Servants …
UNION OF INDIAversusRAJIV KUMAR
2003 INSC 32018 July 2003Appeal(s) allowed
The respondent, a government servant, was arrested and detained for more than 48 hours, leading to a deemed suspension under Rule 10(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The authorities later issued an order continuing his suspension, which the respondent challenged before …
SAYEDA AKHTARversusABDUL AHAD
2003 INSC 32118 July 2003Appeal(s) allowed
The landlord filed an eviction suit against the tenant under the Madhya Pradesh Accommodation Control Act, 1961, alleging non‑payment of rent and nuisance. The tenant failed to pay the arrears and did not apply for an extension of time to deposit the rent. The trial court decreed eviction, which was affirmed by the fir…
LALIT POPLIversusCANARA BANK AND ORS.
2003 INSC 10118 February 2003Dismissed
Lalit Popli, a clerk of Canara Bank, was dismissed after an internal enquiry found him guilty of forgery and unauthorized withdrawal of Rs.1.07 lakh, relying heavily on a handwriting expert’s report. The employee challenged the dismissal, arguing that the expert’s evidence was inadmissible, that adverse remarks about t…
DR. (MRS.) CHANCHAL GOYALversusSTATE OF RAJASTHAN
2003 INSC 10218 February 2003Dismissed
Dr. (Mrs.) Chanchal Goyal was appointed as a Lady Doctor in the Municipal Council of Ganganagar, Rajasthan, on a temporary basis for six months or until a regular incumbent selected by the Rajasthan Public Service Commission (PSC) joined. Her service was repeatedly extended for about fourteen years without obtaining th…
MAAN SINGHversusUNION OF INDIA AND ORS.
2003 INSC 9818 February 2003Disposed off
Maan Singh, a constable of the Delhi Police, was dismissed for habitual unauthorized absence from duty. He challenged the dismissal on the ground that the period of absence had been later treated as leave without pay and that the dismissal order was not passed by a competent authority. The Supreme Court examined the co…
WELFARE ASSOCN. A.R.P., MAHARASHTRA AND ANR. ETC. ETC.versusRANJIT P. GOHIL AND ORS. ETC. ETC.
2003 INSC 10318 February 2003Appeal(s) allowed
The Supreme Court examined the constitutional validity of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996, which converted occupants of requisitioned premises into statutory tenants and ended the requisition. The petitioner…
CHIEF CONSERVATOR OF FORESTS GOVT. OF A.P.versusTHE COLLECTORS AND ORS.
2003 INSC 10418 February 2003Dismissed
The Chief Conservator of Forests of Andhra Pradesh filed a writ petition challenging an order of the Commissioner of Survey, Settlement and Land Record concerning title to certain lands, without joining the State as a party. The same issue was pursued in a civil appeal after a suit by the pattedars (private landholders…
CHIEF FOREST CONSERVATOR (WILD LIFE) AND ORS.versusNISAR KHAN
2003 INSC 9918 February 2003Disposed off
The Supreme Court examined whether a licence could be granted to Nisar Khan for dealing in captive birds listed in Schedule IV of the Wildlife (Protection) Act, 1972 when hunting—including trapping—of those species is prohibited under Section 9. The High Court had directed the licensing authority to grant such a licenc…
SHRI KRISHNA GYANODAY SUGAR LTD. AND ANR.versusSTATE OF BIHAR
2003 INSC 10018 February 2003Disposed off
The Supreme Court examined the Bihar Sugar Undertakings (Acquisition) Act, 1985, which sought to acquire certain sugar mills and associated distilleries. Petitioners challenged the Act on the ground that it was beyond the State's legislative competence, overlapped with the central Sugar Undertaking (Taking over of Mana…
UNION OF INDIAversusSAVJIRAM AND ANR.
2003 INSC 72717 December 2003Case 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 awarded full valuati…
BAHADURSINH LAKHUBHAI GOHILversusJAGDISHBHAI M. KAMALIA AND ORS.
2003 INSC 72817 December 2003Dismissed
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 that failure would can…
BAJAJ AUTO LTD.versusBHOJANE GOPINATH D. AND ORS.
2003 INSC 72917 December 2003Disposed 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 of the Maharashtra R…
RAJENDRA AND ANR.versusSTATE OF MADHYA PRADESH
2003 INSC 73017 December 2003Dismissed
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 were convicted under S…
STATE OF PUNJABversusRAMDEV SINGH
2003 INSC 73117 December 2003Appeal(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 Punjab and Haryana …
BHARGAVAN AND ORS.versusSTATE OF KERALA
2003 INSC 63517 November 2003Dismissed
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 Sections 302, 143, 148 and…
NAIR SERVICE SOCIETYversusDISTT. OFFICER, KERALA PUBLIC SERVICE COMMISSION AND ORS.
2003 INSC 63317 November 2003Disposed 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 refused to advise appoin…
PROHIBITION & EXCISE SUPDT. A.P. AND ORS.versusTODDY TAPPERS COOP. SOCIETY, MARREDPALLY AND ORS.
2003 INSC 63417 November 2003Appeal(s) allowed
The Andhra Pradesh Prohibition & Excise Superintendent raided toddy shops of the Toddy Tappers Cooperative Society and found adulterated toddy containing alprazolam. Licences were suspended after samples were sent to independent laboratories under an amended Rule 24 of the A.P. Excise (Arrack and Toddy Licenses General…
BHUPINDER SHARMAversusSTATE OF HIMACHAL PRADESH
2003 INSC 56217 October 2003Dismissed
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 escaped, thereby imposing …
BOMBAY STOCK EXCHANGEversusJAYA I. SHAH AND ANR.
2003 INSC 56317 October 2003Disposed 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 attachment of the fu…
SUPERINTENDING ENGINEER AND ORS.versusA. SANKARAIAH
2003 INSC 56417 October 2003Appeal(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 higher pay scale aft…
BSES LTD.versusM/S. TATA POWER CO. LTD. AND ORS.
2003 INSC 56517 October 2003Dismissed
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 Government had earlier direc…
STATE OF U.P. AND ORS.versusVAM ORGANIC CHEMICALS LTD. AND ORS.
2003 INSC 56617 October 2003Dismissed
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 relationship with the cost…
M.L. YACOB SHERIFF (D) BY LRS.versusRAJRANI DEVI
2003 INSC 56117 October 2003Dismissed
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 should be treated as…
ANWAR CHAND SAB NANADIKARversusSTATE OF KARNATAKA
2003 INSC 48817 September 2003Dismissed
The appellant, a property clerk in the court of a Judicial Magistrate, was charged under Section 409 of the IPC for criminal breach of trust, alleged to have misappropriated court property and sold it to four persons. The trial court acquitted him on the ground that the prosecution failed to prove entrustment and misap…
K.R. ANITHA AND ORS.versusREGIONAL DIRECTOR, E.S.L. CORPORATION AND ANR.
2003 INSC 48917 September 2003Dismissed
The appellants, licensee‑contractors of toddy shops in Kerala, argued that the Employees' State Insurance Act, 1948 (ESI Act) did not apply to their establishments because toddy shops were not listed in the 1974 notification and were exempt under the proviso to Section 1(4) as they were owned or controlled by the State…
STATE OF MAHARASHTRAversusM/S. S.D. SHINDE AND CO.
2003 INSC 49017 September 2003Appeal(s) allowed
The State of Maharashtra contracted Mis. S.D. Shinde & Co. to construct a project, but disputes led to arbitration under the Arbitration Act, 1940. An arbitrator issued an award and later filed an interim award before a Civil Judge seeking to have it made a rule of court, resulting in an interim order directing the gov…
STATE OF PUNJAB AND ORS.versusCHARANJIT SINGH
2003 INSC 49117 September 2003Appeal(s) allowed
Charanjit Singh, a police constable, was suspended pending a disciplinary inquiry for misconduct. While under suspension he left the police lines without permission on three occasions. The disciplinary authority dismissed him, treating the period of absence as leave without pay. Singh filed a suit claiming the dismissa…
RAMANUJ PRASADversusCOAL INDIA LTD. AND ORS.
2003 INSC 49217 September 2003Dismissed
Ramanuj Prasad, a Draftsman appointed by Bharat Coking Coal Ltd (a subsidiary of Coal India Ltd) in 1975, was promoted to Executive cadre as Public Relations Officer (E‑2) in 1987 and later assumed charge of the Public Relations Manager post (E‑5) in 1990 without a formal promotion order. A 1993 circular stipulated tha…
FOOD CORPORATION OF INDIAversusINDIAN COUNCIL OF ARBITRATION AND ORS. ETC.ETC.
2003 INSC 31817 July 2003Appeal(s) allowed
The Food Corporation of India (FCI) entered into contracts with rice millers that contained a standard arbitration clause referring disputes to the Indian Council of Arbitration (ICA). The ICA refused to proceed with arbitration unless the parties executed a fresh arbitration agreement, prompting FCI to approach the De…
A. MOHAMMED BASHEERversusSTATE OF KERALA AND ORS.
2003 INSC 31717 July 2003Appeal(s) allowed
The Kerala Forest Department auctioned the right to collect residual tree growth and fire wood. The appellant bid Rs 3,00,100, but before the bid was confirmed a fire destroyed a substantial part of the subject matter. The appellant requested a reduction in the bid amount, yet the Managing Director confirmed the bid an…
DELHI TRANSPORT CORPORATION LTD.versusROSE ADVERTISING
2003 INSC 23917 April 2003Dismissed
The Delhi Transport Corporation (DTC) entered into a 1993 agreement with Rose Advertising containing an arbitration clause. A dispute arose and the contractor sought appointment of an arbitrator in early 1996; the arbitrator was appointed on 4 July 1996, after the Arbitration and Conciliation Act, 1996 had come into fo…
NARENDERA NATH KHAWAREversusPARASNATH KHAWARE AND ORS.
2003 INSC 24017 April 2003Disposed off
The complainant, Narendra Nath Khaware, filed a Special Leave Petition under Article 136 of the Constitution challenging the High Court's dismissal of the State's appeal against the acquittal of seven accused in the murder of his son, Diwakar Khaware. The Supreme Court held that a private person may invoke Article 136 …
OIL & NATURAL GAS CORPORATION LTD.versusSAW PIPES LTD.
2003 INSC 24117 April 2003Appeal(s) allowed
ONGC entered into a contract with Saw Pipes Ltd for supply of casing pipes, making timely delivery essential and providing for liquidated damages of 1% per week (up to 10%) for delay. Saw Pipes failed to deliver on time due to a strike, sought an extension, and ONGC granted it on the condition that liquidated damages w…
SECRETARY, ANDHRA PRADESH PUBLIC SERVICE COMMISSIONversusY.V.V.R. SRINIVASULU AND ORS.
2003 INSC 24217 April 2003Appeal(s) allowed
The Andhra Pradesh Public Service Commission invited applications for Group‑HA services and selected candidates on the basis of written examination and interview. Three respondents, who possessed an additional law degree but did not disclose it in their applications, were not appointed and claimed that the service rule…
ORISSA UNIVERSITY OF AGRICULTURAL & TECHNOLOGY AND ANR.versusMANOJ K. MOHANTY
2003 INSC 24317 April 2003Appeal(s) allowed
The respondent, Manoj K. Mohanty, was appointed as a typist on a temporary, consolidated salary but performed the duties of a Junior Assistant for over five years without regularisation. He filed a writ petition seeking regularisation and equal pay with regularly appointed Junior Assistants, invoking Article 14's "equa…
SHIV SHAKTI COOP. HOUSING SOCIETY, NAGPURversusM/S. SWARAJ DEVELOPERS AND ORS.
2003 INSC 24417 April 2003Dismissed
Shiv Shakti Coop. Housing Society filed revision petitions under Section 115 of the CPC against interim orders of a subordinate court. The High Courts dismissed the petitions, holding that the 1999 amendment to Section 115 made such interim orders non‑maintainable for revision. The Society appealed, arguing that the am…
KERALA STATE ROAD TRANSPORT CORPN.versusK.O. VARGHESE AND ORS.
2003 INSC 24517 April 2003Disposed off
The Kerala State Road Transport Corporation (the Corporation) absorbed employees of the State Transport Department whose pension rights were protected under Section 34 of the Road Transport Corporation Act, 1950 and were to be governed by Part III of the Kerala Service Rules, 1959 (KSR). The State Government, by a lett…
SHANKAR K. MANDAL AND ORS.versusSTATE OF BIHAR AND ORS.
2003 INSC 24617 April 2003Disposed off
The case concerned about 2,000 primary teachers appointed in Bihar between 1981-83 whose appointments were later declared illegal and terminated. The High Court ordered a fresh selection, directing the State to relax the age limit for those who became over‑aged during the intervening period. After the fresh selection, …
ABDUL RAZAK DAWOOD DHANANIversusUNION OF INDIA AND ORS.
2003 INSC 24717 April 2003Dismissed
The appellant's son was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. He filed a first representation on 12 April 2002 challenging the detention, which was rejected by the Central Government after the Advisory Board’s opinion. A second representation was filed on …
M/S. D.L.F. QUTAB ENCLAVE COMPLEX EDUCATIONAL CHARITABLE TRUSTversusSTATE OF HARYANA AND ORS.
2003 INSC 9317 February 2003Appeal(s) allowed
The DLF Qutab Enclave Complex Educational Charitable Trust (the appellant) challenged State of Haryana's circulars that barred the transfer of community sites earmarked for schools and other amenities to third or fourth parties. The High Court had held such transfers illegal, but the Supreme Court examined whether Sect…
BANARSI AND ORS.versusRAM PHAL
2003 INSC 9417 February 2003Appeal(s) allowed
The respondent Ram Phal sued for specific performance of a land sale agreement, while the appellants Banarsi et al. sued to cancel the agreement claiming it was a loan. The trial court denied specific performance, granting only a money decree and a conditional order for specific performance if the appellants failed to …
COMMISSIONER OF SALES TAX AND ORS.versusM/S SUBHASH & CO.
2003 INSC 9517 February 2003Appeal(s) allowed
The appellant, Commissioner of Sales Tax, sought reassessment of sales tax for the years 1981‑82, 1982‑83 and 1983‑84 against M/s Subhash & Co., whose registration was cancelled in 1987. Notices for reassessment were issued to the address on the registration certificate and, when the assessee was not found, were served…
PAMURU VISHNU VINODH REDDYversusCHILLAKURU CHANDRASEKHARA REDDY AND ORS.
2003 INSC 9617 February 2003Dismissed
Pamuru Vishnu Vinodh Reddy (the plaintiff) retired from the partnership firm Vijay Mahal Theatre on 5 April 1971 by selling his 25% share, but the other partners failed to pay the agreed consideration. After his death, his son filed a suit for dissolution and accounting of the partnership assets. The trial court appoin…
GHAPOO YADAV AND ORS.versusSTATE OF M.P.
2003 INSC 9717 February 2003Appeal(s) allowed
The case arose from a land dispute in which the deceased and his relatives clashed with Gapoo Yadav and his sons over a tree. During a sudden quarrel the accused assaulted the deceased, causing several injuries, one of which was grievous and led to his death. The trial court convicted the accused under Sections 148 and…
STATE OF KARNATAKAversusVISHWABHARATHI HOUSE BUILDING COOPERATIVE SOCIETY AND ORS.
2003 INSC 1917 January 2003Disposed off
The Supreme Court examined the constitutional validity of the Consumer Protection Act, 1986, particularly the Parliament's power to create a three‑tier consumer dispute redressal system parallel to the regular courts. The petitioners argued that Parliament lacked competence to establish such tribunals and that the Act …
MALIYAKKAL ABDUL AZEEZversusASSISTANT COLLECTOR, KERALA AND ANR.
2003 INSC 2017 January 2003Dismissed
Maliyakkal Abdul Azeez was convicted under Section 135(1) of the Customs Act for smuggling gold and sentenced to three years' rigorous imprisonment, later reduced to two years. He had earlier been detained for two years under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), a …
PEOPLE'S UNION FOR CIVIL LIBERTIES AND ANR.versusUNION OF INDIA
2003 INSC 72116 December 2003Dismissed
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, freedom of speech, a…
JAMES MARTINversusSTATE OF KERALA
2003 INSC 72216 December 2003Appeal(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. The trial court conv…
SMT. V. RAJESHWARIversusT.C. SARAVANABAVA
2003 INSC 72316 December 2003Appeal(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 a second appeal, hel…
S. DEVASAHAYAM AND ANR.versusJOINT DIRECTOR AND ANR.
2003 INSC 72416 December 2003Dismissed
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 petition and subseq…
BALESHWAR PASWAN AND ORS.versusSTATE OF BIHAR AND ORS.
2003 INSC 72516 December 2003Dismissed
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 competitive exam would…
VITHAL Y. GALTONDEversusUNION OF INDIA AND ANR.
2003 INSC 72616 December 2003Dismissed
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 appointment was governe…
KAMALJIT SINGHversusSTATE OF PUNJAB
2003 INSC 55216 October 2003Dismissed
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 eyewitness, PW‑5. The Pun…
SUSHIL KUMARversusRAKESH KUMAR
2003 INSC 55316 October 2003Appeal(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 Court dismissed the…
STATE OF U.P. AND ORS.versusJAGJEET SINGH AND ORS.
2003 INSC 55116 October 2003Disposed 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 Court directed the Sta…
M. ANASUYDEVI AND ANR.versusM. MANIK REDDY AND ORS.
2003 INSC 55416 October 2003Appeal(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 to set aside the awar…
UNION OF INDIA AND ANR.versusV.N. BHAT
2003 INSC 55516 October 2003Dismissed
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 years of service as Pos…
STATE OF NAGALAND AND ANR.versusTOULVI KIBAMI AND ANR.
2003 INSC 55616 October 2003Appeal(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 to consider meritori…
CHANDER PAL @ RAJ PALversusSTATE OF HARYANA
2003 INSC 55716 October 2003Disposed 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 High Court upheld the…
SIMON AND ORS.versusSTATE OF KARNATAKA
2003 INSC 55816 October 2003Appeal(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 held that the eyewitn…
STATE OF PUNJABversusPARAMJIT SINGH AND ORS.
2003 INSC 55916 October 2003Appeal(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 State Biologists Asso…
SURESHCHANDRA SINGH AND ORS.versusFERTILIZER CORPN. OF INDIA LTD. AND ORS.
2003 INSC 56016 October 2003Dismissed
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 Industry issued a second…
RAJGOPAL (DEAD) BY LRS.versusKISHAN GOPAL AND ANR.
2003 INSC 48116 September 2003Appeal(s) allowed
The suit filed by the heirs of Rajgopal sought declaration of title and possession of joint family property, contending that the adoption of Goverdhan Das was in the 'Dwyamushyayana' form, which would preserve his inheritance rights in his natural father's estate. The trial court dismissed the suit on limitation and he…
CENTRE FOR PUBLIC INTEREST LITIGATIONversusUNION OF INDIA AND ANR.
2003 INSC 48216 September 2003Appeal(s) allowed
The Centre for Public Interest Litigation challenged the Government of India's decision to sell majority shares of Hindustan Petroleum Corporation Ltd (HPCL) and Bharat Petroleum Corporation Ltd (BPCL) to private parties without amending the ESSO (Acquisition of Undertaking in India) Act, 1974, the Burma Shell Act, 197…
THE ASSISTANT COMMISSIONER, ASSESSMENT-II, BANGALORE AND ORS.versusM/S. VELLIAPPA TEXTILES LTD. AND ORS.
2003 INSC 47916 September 2003Dismissed
The Commissioner of Income Tax sanctioned prosecution of Mis. Velliappa Textiles Ltd., a company, and its managing director under Sections 276C, 277 and 278B of the Income Tax Act for alleged false claims of depreciation. The company challenged the sanction on the ground that no opportunity of hearing was given, violat…
SHIROMANI GURDWARA PRABANDHAK COMMITTEEversusMAHANT HARNAM SINGH C. (DEAD), M.N. SINGH AND ORS.
2003 INSC 48316 September 2003Dismissed
The case concerned a dispute over whether the institution known as Gurdwara Guru Granth Sahib at Jhandawala, Bhatinda, could be declared a Sikh Gurdwara under the Sikh Gurdwaras Act, 1925. Petitioners, represented by the Shiromani Gurdwara Prabandhak Committee, claimed the place satisfied the statutory criteria, while …
MITHAILAL DALSANGAR SINGH AND ORS.versusANNABAI DEVRAM KINI AND ORS.
2003 INSC 48416 September 2003Appeal(s) allowed
The plaintiffs, three co‑plaintiffs, filed a suit for specific performance of a sale agreement. One plaintiff died, and his legal representatives applied for condonation of delay, setting aside the abatement of the suit and to be brought on record. The Single Judge of the High Court allowed the application, finding suf…
HARISH VERMA AND ORS.versusAJAY SRIVASTAVA AND ANR.
2003 INSC 48516 September 2003Appeal(s) allowed
In-service doctors employed by the State of Rajasthan challenged the first proviso of Regulation 9 of the Post‑Graduate Medical Education Regulations, 2000, which fixed a minimum qualifying mark of 50% for general candidates and 40% for reserved categories for admission to postgraduate medical courses. The Rajasthan Hi…
STATE OF BIHARversusLAL KRISHNA ADVANI AND ORS.
2003 INSC 48616 September 2003Dismissed
The State of Bihar constituted a Commission of Inquiry under Section 3 of the Commission of Inquiry Act, 1952 to investigate the 1989 Bhagalpur communal riots. The two‑member report of the Commission contained remarks that impugned the reputation of Lal Krishna Advani, who claimed he was not given notice under Section …
STATE OF PUNJAB AND ORS.versusMANJIT SINGH AND ORS.
2003 INSC 48716 September 2003Dismissed
The Punjab Public Service Commission (PSC) advertised 500 medical officer posts with reservations for Scheduled Castes and Balmikis/Majhbi Sikhs. The State Government’s policy was that candidates from reserved categories possessing the minimum qualifications should not be subjected to any test. Contrary to this, the PS…
S.P. BADRINATHversusGOVT. OF A.P. AND ORS. ETC. ETC.
2003 INSC 48016 September 2003Dismissed
The Supreme Court considered an appeal by S.P. Badrinath, a former Junior Assistant in the Chief Electrical Inspectorate of Andhra Pradesh, who had been promoted to Senior Assistant on the condition of passing the Accounts Test for Subordinate Officers Part I within two years. He passed the examination after the prescr…
STATE BANK OF INDIA AND ORS.versusK.P. SUBBAIAH AND ORS.
2003 INSC 31516 July 2003Case Partly allowed
The State Bank of India (SBI) had absorbed several ex‑servicemen and, following government policy, was required to protect the pay they earned in the armed forces when fixing their salaries. After the Fourth Bipartite Settlement became retrospectively operative, SBI issued circulars that reduced the employees' total em…
CENTRAL BANK OF INDIAversusVRAJLAL KAPURCHAND GANDHI AND ANR.
2003 INSC 31616 July 2003Appeal(s) allowed
The Central Bank of India, a tenant, faced eviction proceedings initiated by the landlords under the Bombay Rents Act, which were initially dismissed in its favour. After the Maharashtra Rent Control Act, 1999 came into force, the landlords invoked Section 3(1)(b) to terminate the tenancy, leading to a suit in the Smal…
PRAYAG UPNIVESH AWAS EVAM NIRMAN SAHKARI SAMITI LTD.versusALLAHABAD VIKAS PRADHIKARAN AND ANR.
2003 INSC 23416 April 2003Dismissed
The Allahabad Development Authority acquired about 2.5 bighas of government land in 1987 and fixed compensation of Rs. 9,80,565.06. Both the Government and the lessees claimed the compensation, so the Special Land Acquisition Officer (SLAO) referred the dispute to the civil court under Section 30 of the Land Acquisitio…
SWARAJYALAXMI AND ORS.versusAUTHORISED OFFICER, LAND REFORMS, MEDAK AND ORS.
2003 INSC 23516 April 2003Dismissed
The case concerned 300 acres of land mortgaged to State Bank of India (SBI) which, after the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 came into force, was declared half of it surplus and surrendered to the Government. SBI sought to recover its mortgage money by selling the surplus land, …
LALITA JALAN AND ANR.versusBOMBAY GAS CO. LTD. AND ORS.
2003 INSC 23316 April 2003Dismissed
Bombay Gas Co. leased a flat to its director N.K. Jalan, who later died. The company later purchased the flat, but Jalan’s son Ashok Kumar Jalan, his wife Lalita Jalan and grandson Siddharth Jalan continued to occupy it and refused to vacate. The company filed a criminal complaint under Section 630 of the Companies Act…
VIJAY KUMAR RAMA CHANDRA BHATEversusNEELA VIJAY KUMAR BHATE
2003 INSC 23616 April 2003Dismissed
The wife filed a petition for dissolution of marriage under Section 13(1)(i‑a) of the Hindu Marriage Act, alleging cruelty by the husband. In his written statement the husband accused the wife of unchastity and an extramarital relationship, but later withdrew those allegations. The trial court granted divorce and rejec…
STATE OF U.P. AND ORS.versusU.P. SALES TAX OFFICERS GRADE II ASSOCIATION
2003 INSC 23716 April 2003Dismissed
The State of Uttar Pradesh appealed a decision of the Allahabad High Court that ordered Trade Tax Officers (formerly Sales Tax Officers Grade II) to be placed in the revised pay scale of Rs 690‑1420, the same as District Level Officers who previously drew the Rs 400‑750 scale. The State argued that the Pay Commission’s…
WEST BENGAL GOVERNMENT EMPLOYEES (FOOD AND SUPPLIES) CO-OPERATIVE HOUSING SOCIETY LTD. AND ORS.versusSMT. SULEKHA PAL (DEY) AND ORS.
2003 INSC 23816 April 2003Dismissed
The case concerned lands vested in the State under the West Bengal Estates Acquisition Act, 1953 after the death of an intermediary (big raiyat) Ganga Das Pal. The heirs of the intermediary filed a writ petition challenging a 1971 order that vested the lands in the State, arguing they retained the right to choose lands…
UNION OF INDIAversusCHAJJU RAM (DEAD) BY LRS. AND ORS.
2003 INSC 23116 April 2003Appeal(s) allowed
The respondents' lands were requisitioned in 1971 under the Defence of India Act, 1971 for a military cantonment and later compulsorily acquired. Dissatisfied with the compensation, they sought reference to an arbitrator under Section 31, which was not done, and filed a writ petition challenging the Act’s validity for …
COMMISSIONER OF WEALTH TAX, HYDERABADversusTRUSTEES OF HEH
2003 INSC 23216 April 2003Dismissed
The beneficiaries of the H.E.H. Nizam Jewellery Trust valued their interest in the trust's jewellery based on a valuer's report. The Commissioner of Wealth Tax challenged this valuation, arguing that the estate duty payable on the deemed death of the life tenant had been incorrectly deducted, among other objections. Th…
STATE BANK OF INDIA AND ORS.versusK.P. NARAYANAN KUTTY
2003 INSC 1816 January 2003Dismissed
The respondent, a Manager (Grade‑I) of State Bank of India, was dismissed after disciplinary proceedings where the enquiry officer found some charges proved, some partly proved and some not proved. The disciplinary authority accepted the proved and not‑proved findings but treated the partly‑proved charges as fully prov…
GORLE S. NAIDUversusSTTE OF A.P. AND ORS.
2003 INSC 71915 December 2003Dismissed
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 filing, doubtful witnes…
KRISHNA PILLAI RAJASEKHARAN NAIR (D) BY LRS.versusPADMANABHA PILLAI (D) BY LRS. AND ORS.
2003 INSC 72015 December 2003Appeal(s) allowed
The appellant, a non‑redeeming co‑mortgagor, claimed a 9/12 share in a jointly owned mortgaged property and sought declaration of title, possession, or partition after another co‑mortgagor fully redeemed the mortgage and took possession. The trial court and first appellate court decreed partition, ordering the appellan…
RAME GOWDA (D) BY LRS.versusM. VARADAPPA NAIDU (D) BY LRS. AND ANR.
2003 INSC 71815 December 2003Dismissed
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 possession and gran…
PARASA RAJU MANIKYALA RAO AND ANR.versusSTATE OF A.P.
2003 INSC 54815 October 2003Dismissed
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 could be proved and that…
SUNIL KUMARversusTHE STATE GOVT. OF NCT OF DELHI
2003 INSC 54915 October 2003Dismissed
The deceased Jai Kishan was attacked and killed by Dharamvir and Sunil Kumar after a dispute involving a local eunuch. Rajesh, the brother of the deceased, witnessed the assault and later identified the accused, becoming the sole eye‑witness (PW5) whose testimony formed the basis of the prosecution case. The trial cour…
DALIP SINGH AND ORS.versusSIKH GURDWARA PRABHANDAK COMMITTEE AND ORS.
2003 INSC 55015 October 2003Dismissed
The appellants purchased land from the wife and son of Bhola Singh and claimed ownership, asserting that the property was not dedicated to a Sikh Gurdwara because no notification under Section 10(3) of the Sikh Gurdwara Act, 1925 had been produced. SGPC contended that the land was listed in a notification under Section…
MEGH SINGHversusSTATE OF PUNJAB
2003 INSC 47715 September 2003Dismissed
The police, while on patrol, apprehended Megh Singh sitting on gunny bags that contained poppy husk, a contraband article under the NDPS Act. The trial court convicted him under Section 15 of the NDPS Act, sentencing him to ten years' rigorous imprisonment and a fine, while acquitting the other two accused. On appeal, …
UNION OF INDIA AND ANR.versusPUNJAB SINGH AND ANR.
2003 INSC 47815 September 2003Appeal(s) allowed
Punjab Singh was granted a Freedom Fighters Pension under the 1972 scheme, but the pension was suspended when his income exceeded the Rs.5,000 ceiling. The Government later introduced the Swatantrata Sainik Samman Pension Scheme in 1980, removing the income ceiling and granting him a fresh pension effective 1 August 19…