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Judgments of 2003

752 judgments · newest first · showing 401–600

DIPAK CHANDRA RUHIDASversusCHANDAN KUMAR SARKAR

2003 INSC 354Dismissed

The appellant, Dipak Chandra Ruhidas, challenged the election of Chandan Kumar Sarkar to the Assam Legislative Assembly on the ground that Sarkar's nomination was improperly accepted despite not being a Scheduled Caste member. The Gauhati High Court dismissed the election petition under Section …

UNION OF INDIA AND ORS.versusRAJESH P.U. PUTHUVALNIKATHU AND ANR.

2003 INSC 343Dismissed

The Central Bureau of Investigation (CBI) conducted a recruitment process for constables, selecting several candidates including the respondents. Unsuccessful candidates challenged the selections, leading the CBI Director to form a Committee that identified valuation discrepancies in answer sheets …

PRATIBHA NEMA AND ORS.versusSTATE OF M.P. AND ORS.

2003 INSC 344Dismissed

The State of Madhya Pradesh, acting on an industrial policy, notified the acquisition of 73.3 hectares of private land for the establishment of a "diamond park" and later issued a declaration under Section 6 of the Land Acquisition Act. The land was to be allotted to private companies, notably B. …

SANKAR RAM AND CO.versusKASI NAICKER AND ORS.

2003 INSC 346Appeal(s) allowed

Shankar Ram & Co. purchased 249 shares of Rajapalayam Mills from the bank on 24‑08‑1978, paying Rs.25,155.40, without knowledge that the shareholder, Kasi Naicker, had filed an insolvency petition in 1976. The petition was dismissed in 1977, but an order of adjudication was finally passed on …

HYTHRO POWER CORPORATION LTD.versusDELHI TRANSCO LTD.

2003 INSC 347Appeal(s) allowed

Hythro Power Corporation Ltd. sought to refer its dispute with Delhi Transco Ltd. to arbitration under an arbitration clause contained in a Notice Inviting Tender (NIT). The Single Judge of the Delhi High Court, acting as the nominee of the Chief Justice under Section 11 of the Arbitration and …

JAVED AND ORS.versusSTATE OF HARYANA AND ORS.

2003 INSC 342Dismissed

The petitioners were disqualified from contesting or holding Panchayat offices under Sections 175(1)(q) and 177(1) of the Haryana Panchayati Raj Act, 1994 because they had more than two living children. They challenged the provisions as arbitrary, discriminatory and violative of Articles 14, 21 and …

DAVID JUDEversusHANNAH GRACE JUDE AND ORS.

2003 INSC 348Disposed off

The husband filed a contempt petition against his wife and her mother for violating an unconditional undertaking given to the Supreme Court that the child would be brought back to India and that they would appear before the Family Court when required. Despite multiple notices and adjournments, the …

SANABOINA SATYANARAYANAversusGOVERNMENT OF ANDHRA PRADESH AND ORS.

2003 INSC 341Dismissed

Sanaboina Satyanarayana, convicted of murder (Sec. 302 IPC), dowry harassment (Sec. 498A IPC) and tampering with evidence (Sec. 201 IPC), sought remission of his life sentence under a Government Order dated 25‑01‑2000 issued under Article 161 of the Constitution. The Order excluded "prisoners …

KRISHNAN AND ANR.versusSTATE REP. BY INSPECTOR OF POLICE

2003 INSC 335Dismissed

The Supreme Court dismissed the appeals of Krishnan and others, upholding their conviction for murder under Section 302 read with Section 34 of the IPC and for voluntarily causing hurt under Section 323. The Court held that the FIR was lodged immediately after the incident, negating any possibility …

DWARKA PRASAD AND ORS.versusUNION OF INDIA AND OTHERS.

2003 INSC 336Dismissed

The appellants, Preventive Officers (POs) appointed in Central Services Group C, challenged the Department of Revenue (Customs Appraisers Recruitment) Rules, 1988 which fixed a 20% quota for POs and a 75% quota for Examining Officers (EOs) for promotion to the post of Appraiser (Group B), alleging …

THE STATE OF MADHYPRADESH AND ORS.versusGOPAL D. TIRTHANI AND ORS.

2003 INSC 337Case Partly allowed

The Supreme Court examined the validity of Madhya Pradesh's scheme reserving 20% of postgraduate medical seats for doctors employed by the State and the procedures for their admission. It held that the quota constitutes a separate channel of entry, not a communal reservation, and therefore satisfies …

SAFIYAversusGOVERNMENT OF KERALA

2003 INSC 338Dismissed

The appellant Safiya, wife of T.P. Moideen Koya, challenged his preventive detention under Section 3(1)(iv) of the COFEPOSA Act on grounds that the Advisory Board’s opinion revoking the detention of another accused in the same smuggling case was not considered, that there was an inordinate delay in …

STATE OF ANDHRA PRADESH AND ANR.versusMARRI VENKAIAH AND ORS.

2003 INSC 339Appeal(s) allowed

The Supreme Court examined whether an application under Section 28‑A of the Land Acquisition Act, 1894 must be filed within three months of the civil court’s award or from the date the applicant actually learns of the award. The land in question was acquired by a common notification, an award was …

KRISHNA MOHAN PVT. LTD.versusMUNICIPAL CORPORATION OF DELHI AND ORS.

2003 INSC 340Appeal(s) allowed

Krishna Mohan Pvt Ltd owned a cinema complex on which it installed plant, machinery, lifts and air‑conditioners. The Municipal Corporation of Delhi assessed property tax by adding the cost of these items to the building's rateable value. The company appealed, arguing that such costs are movable and …

HIRA LAL AND ORS.versusSTATE (GOVT. OF NCT) DELHI.

2003 INSC 331Disposed off

The appellants, the husband and his parents, were convicted for the suicide of their wife, who allegedly suffered dowry‑related cruelty. The trial court sentenced them under Sections 304‑B (dowry death) and 498‑A (cruelty) of the IPC, and the High Court reduced the sentence but upheld the …

P.V. RADHAKRLSHNAversusSTATE OF KARNATAKA

2003 INSC 332Dismissed

The appellant, P.V. Radhakrishna, was convicted of murdering his wife by setting her on fire after a domestic quarrel. The deceased, Smt. Dharni, suffered extensive second and third degree burns and, while being treated in hospital, gave a statement in the presence of a police officer and a doctor, …

DHIRAJBHAI GORAKHBHAI NAYAKversusSTATE OF GUJARAT

2003 INSC 333Dismissed

Hasmukhbhai Patel was fatally injured on 12 August 1993 after a quarrel with Dhirajbhai Gorakhbhai Nayak, who was alleged to have assaulted him while he slept. The deceased's wife (PW I) and son (PW 3) testified that they saw the accused delivering blows, while a friend (PW 2) gave a contradictory …

STATE OF U.P. AND ORS.versusSMT. GULAICHI

2003 INSC 334Appeal(s) allowed

Smt. Gulaichi, a government employee of Uttar Pradesh, discovered that her service book recorded her date of birth as 31-07-1929, which would make her retire on 31-07-1987. A few weeks before retirement she claimed the correct date to be 31-07-1939 and an officer amended the entry; she then sued for …

OFFICERS AND SUPERVISORS OF I.D.P.L.versusCHAIRMAN AND M.D.I.D.P.L. AND ORS.

2003 INSC 330Dismissed

The petitioners, officers and supervisors of Indian Drugs and Pharmaceuticals Ltd (IDPL), a public sector undertaking declared a sick unit by the BIFR, sought direction to revise their pay scales and to receive three instalments of interim relief as recommended by the Fifth Pay Commission and …

P.M. PUNNOOSEversusKM. MUNNERUDDIN AND ORS.

2003 INSC 328Appeal(s) allowed

The tenant, P.M. Punnoose, paid rent by money orders but the landlords, K.M. Munneruddin et al., disputed the amounts and refused some payments, leading to an eviction petition under Section 10(2) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The Rent Controller held the tenant in …

PAWAN KUMARversusSTATE OF HARYANA

2003 INSC 329Appeal(s) allowed

Pawan Kumar and Balwinder Singh (Binder) were convicted under Section 302 read with Section 34 of the Indian Penal Code for the murder of a taxi driver whose body was found in a hotel room. The prosecution relied solely on circumstantial evidence that the accused hired the taxi, stayed in the hotel …

RAMASHRAY SINGHversusNEW INDIA ASSURANCE CO. LTD. AND ORS.

2003 INSC 327Dismissed

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 …

CHANDRA SINGHversusSTATE OF RAJASTHAN AND ANR.

2003 INSC 326Dismissed

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 …

MOTILAL AND ANR.versusNIYAZUDDIN (DEAD) BY LRS. AND ORS.

2003 INSC 323Appeal(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 …

M/S. BHARAT HEAVY ELECTRICAL LTD.versusSTATE OF U.P. AND ORS.

2003 INSC 324Dismissed

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, …

CHITTAR LALversusSTATE OF RAJASTHAN

2003 INSC 325Dismissed

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 …

JOHN VALLAMATTOM AND ANR.versusUNION OF INDIA

2003 INSC 322Case 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 …

D.R. YADAV AND ANR.versusR.K. SINGH AND ANR.

2003 INSC 319Dismissed

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 …

UNION OF INDIAversusRAJIV KUMAR

2003 INSC 320Appeal(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 …

SAYEDA AKHTARversusABDUL AHAD

2003 INSC 321Appeal(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 …

FOOD CORPORATION OF INDIAversusINDIAN COUNCIL OF ARBITRATION AND ORS. ETC.ETC.

2003 INSC 318Appeal(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 …

A. MOHAMMED BASHEERversusSTATE OF KERALA AND ORS.

2003 INSC 317Appeal(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 …

STATE BANK OF INDIA AND ORS.versusK.P. SUBBAIAH AND ORS.

2003 INSC 315Case 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 …

CENTRAL BANK OF INDIAversusVRAJLAL KAPURCHAND GANDHI AND ANR.

2003 INSC 316Appeal(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 …

M.P. STATE ELECTRICITY BOARDversusSMT. JARINA BEE

2003 INSC 313Appeal(s) allowed

The husband of the respondent, Habib Khan, was dismissed from the Madhya Pradesh State Electricity Board on allegations of theft after a departmental inquiry that was later found to have violated principles of natural justice. The Labour Court set aside the dismissal, ordered reinstatement, and …

SHIVRAJ BAPURAY JADHAV AND ORS.versusSTATE OF KARNATAKA

2003 INSC 314Dismissed

The victim, Krishna Jadhav, was allegedly assaulted by several accused with sticks, an axe and an iron pipe and died at the scene. The trial court acquitted the accused, finding discrepancies in the eye‑witness testimonies and questioning the investigation. The Karnataka High Court re‑examined the …

STATE OF HARYANA AND ANR.versusTILAK RAJ AND ORS.

2003 INSC 311Appeal(s) allowed

Thirty‑five daily‑wage helpers employed by Haryana Roadways filed writ petitions seeking regularisation and the same salary as regular employees, invoking the principle of "equal pay for equal work". The State of Haryana contended that the respondents were not educationally qualified for regular …

ASHWANI KUMAR SINGHversusU.P. PUBLIC SERVICE COMMISSION AND ORS.

2003 INSC 312Dismissed

The appellants, Ashwani Kumar Singh and Brij Nath Srivastava, appeared for the 1987 Combined State Services Examination and were placed low on the merit list. When several candidates selected in the examination failed to join, the Uttar Pradesh Public Service Commission filled the resulting …

AIR INDIA CABIN CREW ASSOCIATIONversusYESHAWINEE MERCHANT AND ORS.

2003 INSC 309Appeal(s) allowed

The dispute concerned the retirement age and service conditions of air hostesses employed by Air India and Indian Airlines, who under various agreements were required to retire from flying duties at age 50 (later 45/50) with the option of ground duties up to age 58, while male cabin crew could serve …

MUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR.versusKAMLA MILLS LTD.

2003 INSC 310Appeal(s) allowed

The Municipal Corporation of Greater Mumbai reassessed the rateable value of land belonging to Kamla Mills Ltd. after the company demolished old structures and began constructing a new building. The corporation treated the land as "under construction" and raised its rateable value based on market …

MALKHAN SINGH AND ORS.versusSTATE OF MADHYA PRADESH

2003 INSC 308Dismissed

The appellants were convicted of gang rape and criminal intimidation of a tribal school teacher under IPC sections 376(2)(G) and 506 and the SC/ST (Prevention of Atrocities) Act. The prosecution’s case rested on the victim’s identification of the three accused in court, despite no test …

UNION OF INDIAversusPRAKASH P. HINDUJA AND ANR.

2003 INSC 302Appeal(s) allowed

The case arose from the Bofors scandal where the CBI filed charge‑sheets against Prakash P. Hinduja and others for offences under the IPC and the Prevention of Corruption Act. The accused contended that the charge‑sheets were illegal because the CBI had not placed the investigation report before the …

SHRI DWARKA PRASAD AGARWAL (DEAD) BY LRS. AND ANR.versusB.D. AGARWAL AND ORS.

2003 INSC 300Disposed off

The case involved a partnership firm that owned a newspaper, which was allegedly transferred to a newly incorporated company. A settlement deed purporting to resolve private disputes among the partners was recorded by the Madhya Pradesh High Court in a writ petition, even though the deceased …

RAI VIMAL KRISHNA AND ORS.versusSTATE OF BIHAR AND ORS.

2003 INSC 303Dismissed

The appellants challenged the Patna Municipal Corporation's assessment of property tax, arguing that the assessment lists were prepared and published in violation of the Patna Municipal Corporation Act, 1951. They contended that the mode of publication prescribed in Section 149(1) – beat of drum and …

DWARKA PRASAD AGARWAL (DEAD) BY LRS. AND ANR.versusRAMESH CHANDRA AGARWAL AND ORS.

2003 INSC 301Appeal(s) allowed

The case involved a dispute between the heirs of the late Dwarka Prasad Agarwal and his partner Ramesh Chandra Agarwal over control of the printing press and newspaper business of Dainik Bhaskar. Ramesh Chandra Agarwal allegedly forged a lease, altered the partnership settlement, and took forcible …

SMT. AMIYHA BALA PAULversusCOMMISSIONER OF INCOME TAX, SHILLONG

2003 INSC 304Appeal(s) allowed

Sm. Amiya Bala Paul constructed a house and disclosed investment amounts in the assessment years 1982-83 and 1983-84. The Assessing Officer rejected the second disclosure and, invoking Section 55A of the Income Tax Act, referred the valuation of the house's construction cost to a Valuation Officer …

COMMISSIONER OF CUSTOMS, KOLKATTAversusM/S. GRAND PRIME LIMITED AND ORS.

2003 INSC 305Appeal(s) allowed

M/s. Grand Prime Ltd. imported raw silk and other silk products into Kolkata using an advance licence that was later found to be forged and was subject to a condition of re‑export. The importer failed to comply with the re‑export condition, did not appear before customs, and did not file a bill of …

M/S. OM PRAKASH BHATIAversusCOMMISSIONER OF CUSTOMS, DELHI

2003 INSC 306Dismissed

The appellant, O.P. Bhatia, exported ladies' skirts and declared a value far above the domestic market price, subsequently claiming a large drawback. The Customs Commissioner found that the export value was deliberately over‑invoiced, treated the goods as prohibited, confiscated them and imposed a …

STATE OF WEST BENGAL AND ORS.versusPANTHA CHATTERJEE AND ORS.

2003 INSC 307Dismissed

The State of West Bengal raised a battalion of Border Wing Home Guards (BWHG) under a 1976 Central Government scheme, recruiting both full‑time and part‑time volunteers who were to serve for three months. The part‑time BWHGs were continuously deployed for over a decade, performing the same duties as …

STATE OF UTTARANCHAL AND ORS.versusSIDHARTH SRIVASTAVA AND ORS.

2003 INSC 299Appeal(s) allowed

After the Uttar Pradesh Reorganisation Act, 2000 created the new State of Uttaranchal, the Uttar Pradesh Public Service Commission (UPPSC) had already selected candidates for 544 J.E. Civil/Technical posts and sent its recommendations to the Uttar Pradesh Government, which forwarded them to …

VJJAY SYAL AND ANR.versusSTATE OF PUNJAB AND ORS.

2003 INSC 297Dismissed

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, …

SANTOSH KUMARversusSTATE OF ANDHRA PRADESH AND ORS.

2003 INSC 298Dismissed

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 …

INDIRA JAISINGversusREGISTRAR GENERAL, SUPREME COURT OF INDIA AND ANR.

2003 INSC 288Dismissed

Senior Advocate Indira Jaising filed a writ petition under Article 32 seeking the Supreme Court’s direction to publish a confidential report of an in‑house committee that had investigated alleged involvement of sitting Karnataka High Court judges in certain incidents, and to order an independent …

SYED T.A. NAQSHBANDI AND ORS.versusSTATE OF JAMMU AND KASHMIR AND ORS.

2003 INSC 289Dismissed

The petitioners, a group of judicial officers, filed a writ petition under Article 32 challenging the grant of selection grade and super‑time scale to certain respondents, alleging that senior officers were bypassed, the criteria were arbitrary, and the process violated Article 16 and the Shetty …

STATE THROUGH SPECIAL CELL, NEW DELHIversusNAVJOT SANDHU @ AFSHAN GURU AND ORS.

2003 INSC 290Appeal(s) allowed

The case arose from the Parliament attack of 2001, after which the accused were charged under various statutes including the Prevention of Terrorism Act, 2002 (POTA). While the trial was pending, the accused sought an interlocutory order from the Special Judge to exclude intercepted telephone …

JIBONTARA GHATOWARversusSARBANANDA SONOWAL AND ORS.

2003 INSC 291Appeal(s) allowed

In the 2001 Assam Legislative Assembly election for constituency No.115 Moran, Sarbananda Sonowal was declared elected, defeating Jibontara Ghatowar by 850 votes. Eight hundred twenty‑four ballot papers were rejected because they lacked the presiding officer’s signature and distinguishing mark. …

SURENDRA KUMAR SHARMAversusVIKAS ADHIKARI AND ANR.

2003 INSC 292Dismissed

The appellant was engaged as a daily‑wage worker under the Jawahar Rozgar Yojna, a temporary employment scheme, initially for 100 days and subsequently extended, completing a total of 240 days. The post he occupied was later abolished due to lack of funds, and his services were terminated. He filed …

KAPILA HINGORANIversusSTATE OF BIHAR

2003 INSC 293Directions issued

The Supreme Court entertained a public‑interest writ petition alleging that numerous Bihar‑owned public sector undertakings had failed to pay salaries for years, leading to starvation deaths and suicides of employees and their families. The petition sought directions for payment of arrears and held …

SYNDICATE BANKversusM/S. R.S.R. ENGINEERING WORKS AND ORS.

2003 INSC 294Appeal(s) allowed

Syndicate Bank sued the partnership firm R.S.R. Engineering Works and its partners for repayment of loans. The partnership was dissolved and one partner (respondent 4) claimed to have taken over the entire liability, seeking to discharge the retiring partners (respondents 2 and 3). The trial court …

SUNIL KUMAR GOYALversusRAJASTHAN PUBLIC SERVICE COMMISSION

2003 INSC 295Dismissed

The petitioners, employed as Legal Assistants in the Rajasthan Education Department, applied for the Rajasthan Judicial Service but had not completed the statutory three‑year active practice at the Bar. The Rajasthan Public Service Commission cancelled their candidature on that ground. The …

S.D.S. SHIPPING PVT. LTD.versusJAY CONTAINER SERVICES CO. PVT. LTD. AND ORS.

2003 INSC 285Disposed off

The plaintiff, a container leasing company, sued the defendant for non‑return of 92 leased containers and for arrears of rent after the lease expired and was extended by one month. The Bombay High Court rejected a motion for a receiver but later directed the defendant to deposit Rs 82 lakhs as …

M/S. N.S. NAYAK AND SONSversusSTATE OF GOA

2003 INSC 286Dismissed

The appellant, N.S. Nayak & Sons, challenged the High Court's dismissal of its appeals under Section 37 of the Arbitration Act, 1940, arguing that the Arbitration and Conciliation Act, 1996 should govern the appeals because the arbitration agreement referred to "the provisions of the Arbitration …

COMMISSIONER OF INCOME TAX, BHOPALversusM/S. SHELLY PRODUCTS AND ANR.

2003 INSC 287Appeal(s) allowed

The Supreme Court considered whether advance tax and self‑assessment tax paid by Shelly Products could be refunded merely because the earlier assessment was annulled and the revenue could not pass a fresh assessment. The Court held that the liability to pay advance tax and self‑assessment tax arises …

A.C. RAZIAversusGOVERNMENT OF KERALA AND ORS.

2003 INSC 282Matter referred to larger bench

The appellant's husband was detained under Sections 3(1)(i)-(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The appellant filed a representation in Malayalam to both the detaining authority and the Central Government, but no English translation of the …

NIPHA STEELS LTD. AND ANR.versusWEST BENGAL STATE ELECTRICITY BOARD AND ORS.

2003 INSC 283Dismissed

The appellants, large industrial consumers, entered into standard supply agreements with the West Bengal State Electricity Board that imposed both minimum guaranteed charges and maximum demand charges. The agreements provided for remission of minimum charges when supply was interrupted, but were …

UNION OF INDIA AND ANR.versusINTERNATIONAL TRADING CO. AND ANR.

2003 INSC 284Appeal(s) allowed

The respondents, International Trading Co. and others, held permits under the Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 to operate foreign deep‑sea fishing vessels in India's exclusive economic zone. Their permits were not renewed after the initial term, and the …

THAMAN KUMARversusSTATE OF UNION TERRITORY OF CHANDIGARH

2003 INSC 279Dismissed

The case involved three accused who were alleged to have strangled a rickshaw puller, Bhanwar Singh, using a cloth rolled into a rope. Two constables on night patrol heard the victim’s cries, entered the guest house and saw the assault, catching two of the accused while the third escaped by scaling …

COLLECTOR OF CENTRAL EXCISE, 'BANGALOREversusM/S. ESCORTS MAHLE LTD.

2003 INSC 280Dismissed

The Collector of Central Excise challenged the claim of MODVAT credit by Mis. Escorts Mahle Ltd. for chemicals—Ramming Mass, Fibre Glass and Filter Mesh—used in the manufacture of steel pistons. The assessees argued that these chemicals are essential to neutralise acidic vapours generated during …

D. SAIBABAversusBAR COUNCIL OF INDIA AND ANR.

2003 INSC 281Case Partly allowed

D. Saibaba, a practising advocate, was accused by his estranged wife of professional misconduct for continuing to hold a telephone booth allotted in the handicapped quota. The Bar Council of India directed him to surrender the booth and, after his failure to do so within a short period, ordered his …

BAKHTAWAR TRUST AND ORS.versusM.D. NARAYAN AND ORS.

2003 INSC 278Appeal(s) allowed

The builders, represented by Bakhtawar Trust, obtained permission to construct an eight‑storey building of 80 ft height, which the adjoining property owner challenged on the ground that it violated the Zonal Regulations prescribing a maximum height of 55 ft under the Karnataka Town and Country …

RAMESH CHAND ARDAWATIYAversusANIL PANJWANI

2003 INSC 276Case Partly allowed

Anil Panjwani purchased a vacant plot from Shri Niwas Vaidhya under a sale agreement dated 1‑Dec‑1985 and took possession, erecting a boundary wall. The defendant, R.C. Ardawatiya, later attempted to erect a hut on the plot. Panjwani sued for declaration of title, restoration of possession and …

THE MATTER OF ANIL PANJWANIversus.

2003 INSC 277Disposed off

Anil Panjwani, the plaintiff in a civil suit for possession, filed affidavits containing reckless allegations against the presiding Supreme Court judge, leading to contempt proceedings under Section 14 of the Contempt of Courts Act, 1971. The Court initially ordered his detention, but he later …

UNION OF INDIA AND ORS.versusEX.FLT. LT. G.S. BAJWA

2003 INSC 274Appeal(s) allowed

The case concerned Flight Lieutenant G.S. Bajwa, who was dismissed by a General Court Martial under the Air Force Act, 1950 for disobeying a medical examination order. Bajwa claimed that the trial violated his fundamental rights because he was denied a defence counsel of his choice at State expense …

HIRA LAL HARI LAL BHAGWATI.versusC.B.I., NEW DELHI

2003 INSC 275Appeal(s) allowed

The Gujarat Cancer Society imported MRI and lithotripsy machines under a customs duty exemption certificate that required the equipment to be used by the "actual user". The Customs Collector later held the society liable for duty but, considering its charitable purpose, imposed only a token fine and …

PARWATI BAIversusRADHIKA

2003 INSC 272Appeal(s) allowed

The appellant, a lessee of a non‑residential municipal premises, sub‑let the property to the respondent and later served a notice under Section 106 of the Transfer of Property Act to terminate the tenancy for non‑payment of rent and self‑occupation. The respondent filed an eviction suit which was …

ABDUL SATTARversusKHUTEJABI AND ORS.

2003 INSC 273Dismissed

The landlord Abdul Sattar sought eviction of the heirs of his former tenant Mohammed Gouse under clause (p) of Section 21(1) of the Karnataka Rent Control Act, 1961, alleging that one heir had been allotted a house by the Housing Board. The house was allotted in 1984 to the son, Mohammed Ismail, …

SAVITRI CAIRAEversusU.P. AVAS EVAM VIKAS PARISHAD AND ANR.

2003 INSC 271Disposed off

The Uttar Pradesh Avas Evam Vikas Parishad (Parishad) acquired land under its 1965 Adhiniyam and awarded compensation through a Special Land Acquisition Officer. Claimants dissatisfied with the award approached a reference court, which enhanced compensation, solatium and interest, and awarded …

KARNATAKA WAKF BOARDversusSTATE OF KARNATAKA AND ANR.

2003 INSC 266Dismissed

The Karnataka Wakf Board challenged two suits filed in 1981 by the State's Education and Agriculture Departments seeking declaration of title over properties that had been notified as Wakf. The Board argued that the suits were barred by the one‑year limitation prescribed in Section 6 of the Wakf …

COMMISSIONER OF CENTRAL EXCISE, CALCUTTAversusM/S. SHARMA CHEMICAL WORKS

2003 INSC 267Dismissed

The case concerned the classification of "Banphool Oil" under the Central Excise Tariff Act, 1985. The Revenue argued that the product was a perfumed hair oil (Tariff Item 3305.10) or a toilet preparation, while the assessee contended it was an Ayurvedic medicament (Tariff Item 3003.30). The …

COMMISSIONER OF CENTRAL EXCISE, CALCUTTA-IVversusM/S. PANDIT D.P. SHARMA

2003 INSC 268Dismissed

M/s Pandit D.P. Sharma, the manufacturer of "Himtaj oil", classified the product as an Ayurvedic medicine under tariff sub‑heading 3003.30 of the Central Excise and Salt Act, 1944. The Revenue issued a show‑cause notice seeking re‑classification as a perfumed hair oil under sub‑heading 3305.10, and …

V.P. PITHUPITCHAI AND ANR.versusTHE SPECIAL SECRETARY TO THE GOVT. OF TAMIL NADU

2003 INSC 269Appeal(s) allowed

The appellants, who collected and sold seashells from the Tamil Nadu coast, were directed by the State Government to obtain mining leases and pay royalty on the basis that seashells were classified as "lime shell", a major mineral under the Mines and Minerals (Regulation and Development) Act, 1957. …

THE STATE OF HIMACHAL PRADESH AND ORS.versusYASH PAL GARG (DEAD) BY LRS. AND ORS.

2003 INSC 270Appeal(s) allowed

The State of Himachal Pradesh enacted the Himachal Pradesh Taxation (On Certain Goods Carried by Road) Act, 1976 to levy a tax on goods transported by road. The Himachal Pradesh High Court declared the Act unconstitutional as a restriction on inter‑state trade under Article 301 and for lacking …

ARVIND YADAVversusRAMESH KUMAR AND ORS.

2003 INSC 260Appeal(s) allowed

Arvind Yadav, brother of a murder victim, challenged a Madhya Pradesh High Court order that released several convicted murderers, including Ramesh Kumar, on licence despite the Probation Board’s refusal to recommend release. The High Court had bypassed a remand to the State Government, reasoning …

STATE OF RAJASTHANversusNATHU AND ORS.

2003 INSC 261Appeal(s) allowed

The State of Rajasthan appealed the acquittal of four accused who were part of an unlawful assembly that entered the victim's house, broke the wall and murdered two children. The High Court had held that only the accused who delivered the fatal blow could be convicted under Section 302 read with …

VISVESWARANversusSTATE REP. BY S.D.M.

2003 INSC 262Dismissed

The appellant, a police constable, was convicted under IPC sections 346, 366 and 376 for raping a young woman after abducting her and her husband. The appellant appealed, arguing that he was not positively identified by the victim or witnesses and that the failure to hold a test identification …

INDIAN RED CROSS SOCIETYversusNEW DELHI MUNICIPAL COMMITTEE AND ORS.

2003 INSC 263Dismissed

The Indian Red Cross Society owned a building in Delhi, part of which it occupied for its charitable offices and the rest it let out on rent. The New Delhi Municipal Council (NDMC) levied property tax on the entire building. The Society claimed exemption under Section 62(1) of the New Delhi …

AMINAversusHASSN KOYA

2003 INSC 264Appeal(s) allowed

Amina married Hassn Koya on 28 December 1972 while she was five months pregnant. The husband later claimed that the pregnancy had been concealed, rendering the Muslim marriage void and absolving him of maintenance liability under Section 125 of the Criminal Procedure Code. The trial magistrate held …

SHRI BIMAL N. DESAIversusSTATE OF KARNATAKA AND ORS.

2003 INSC 256Disposed off

The appellant challenged a 1998 government notification that excluded a small portion of Cubbon Park for construction, arguing it violated the Karnataka Government Parks (Preservation) Act, 1975 and the Constitution’s right to life. The High Court upheld the notification, limiting future …

STATE OF BIHARversusKALIKA KUER @ KALIKA SINGH AND ORS.

2003 INSC 257Appeal(s) allowed

The State of Bihar appealed a Patna High Court judgment that held Sections 15(1) and 15(2) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 to be ultra‑vires Articles 13 and 14 of the Constitution and diluted the effect of Sections 4(b), 4(c) and 37. The High Court …

A.K. BINDAL AND ANR.versusUNION OF INDIA AND ORS.

2003 INSC 258Directions issued

The petitioners, officers of the sick public sector undertakings Fertilizer Corporation of India (FCI) and Hindustan Fertilizer Corporation (HFC), challenged two Government memoranda that denied pay‑scale revision for employees of units referred to BIFR and that provided no budgetary support for …

M/S. SREE NARAYANA CHANDRIKA TRUSTversusCOMMISSIONER OF GIFT TAX, KERALA

2003 INSC 259Appeal(s) allowed

The Sree Narayana Chandrika Trust, a partner in Chandrika Enterprises, saw its profit share fall from 45% to 30% when the firm was reconstituted and a new partner, M.U. Indira, contributed Rs 25,000 for a 12% share. The Gift Tax Officer treated the 15% reduction as a gift and levied tax under the …

UNION OF INDIA AND ORS.versusSHIVENDRA BIKARAM SINGH

2003 INSC 254Dismissed

The respondent, a naval officer, was convicted by a Court Martial for offences under the IPC and the Navy Act. He challenged the conviction, arguing that three members of the Court Martial were incompetent to act as impartial judges and that the trial Judge Advocate had summarily rejected his …

B. CHANDRASEKHAR REDDY (D) BY LRS.versusSTATE OF ANDHRA PRADESH

2003 INSC 252Dismissed

The father of the appellants filed declarations under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, which resulted in the family being allotted one standard holding and the excess land being declared surplus. After the father's death, the daughters invoked Section …

STATE OF A.P. AND ORS.versusD. DASTAGIRI AND ORS.

2003 INSC 253Appeal(s) allowed

The State of Andhra Pradesh issued a notification to recruit 1,715 Excise Constables, conducting interviews and document verification. The process was halted due to an election notification and later cancelled after the state imposed total prohibition, with no selection list ever published. The …

ALI M.K. AND ORS.versusSTATE OF KERALA AND ORS.

2003 INSC 248Dismissed

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 …

PUNJAB NATIONAL BANKversusINDIAN BANK AND ANR.

2003 INSC 249Appeal(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 …

COMMISSIONER OF CENTRAL EXCISE, CHANDIGARH-IIversusM/S STEEL STRIPS LTD. ETC.

2003 INSC 250Disposed 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 …

VIRENDER SINGH AND ORS.versusUNION OF INDIA

2003 INSC 251Appeal(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 …

DELHI TRANSPORT CORPORATION LTD.versusROSE ADVERTISING

2003 INSC 239Dismissed

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, …

NARENDERA NATH KHAWAREversusPARASNATH KHAWARE AND ORS.

2003 INSC 240Disposed 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 …

OIL & NATURAL GAS CORPORATION LTD.versusSAW PIPES LTD.

2003 INSC 241Appeal(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 …

ORISSA UNIVERSITY OF AGRICULTURAL & TECHNOLOGY AND ANR.versusMANOJ K. MOHANTY

2003 INSC 243Appeal(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, …

SHIV SHAKTI COOP. HOUSING SOCIETY, NAGPURversusM/S. SWARAJ DEVELOPERS AND ORS.

2003 INSC 244Dismissed

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, …

KERALA STATE ROAD TRANSPORT CORPN.versusK.O. VARGHESE AND ORS.

2003 INSC 245Disposed 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 …

SHANKAR K. MANDAL AND ORS.versusSTATE OF BIHAR AND ORS.

2003 INSC 246Disposed 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 …

ABDUL RAZAK DAWOOD DHANANIversusUNION OF INDIA AND ORS.

2003 INSC 247Dismissed

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 …

SWARAJYALAXMI AND ORS.versusAUTHORISED OFFICER, LAND REFORMS, MEDAK AND ORS.

2003 INSC 235Dismissed

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 …

LALITA JALAN AND ANR.versusBOMBAY GAS CO. LTD. AND ORS.

2003 INSC 233Dismissed

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 …

VIJAY KUMAR RAMA CHANDRA BHATEversusNEELA VIJAY KUMAR BHATE

2003 INSC 236Dismissed

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 …

STATE OF U.P. AND ORS.versusU.P. SALES TAX OFFICERS GRADE II ASSOCIATION

2003 INSC 237Dismissed

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 …

UNION OF INDIAversusCHAJJU RAM (DEAD) BY LRS. AND ORS.

2003 INSC 231Appeal(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 …

COMMISSIONER OF WEALTH TAX, HYDERABADversusTRUSTEES OF HEH

2003 INSC 232Dismissed

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 …

BIPIN CHANDRA PARSHOTTAMDAS PATEL (VAKIL)versusSTATE OF GUJARAT AND ORS.

2003 INSC 229Dismissed

B.P. Patel, elected President of Anand Municipality, was arrested and placed in judicial custody for alleged offences under the IPC, Arms Act and Bombay Police Act. The Director of Municipalities suspended him under Section 40 of the Gujarat Municipalities Act, 1963, which provides for suspension if …

SUKANYA HOLDINGS PVT. LTDversusJAYESH H. PANDYA AND ANR.

2003 INSC 230Dismissed

Sukanya Holdings Pvt. Ltd. and J.H. Pandya entered into a partnership agreement that contained an arbitration clause. After the partnership fell into dispute, the respondent filed a suit for dissolution, accounts and other reliefs, including claims against purchasers of flats who were not parties to …

SUPERINTENDENT OF POLICE, C.B.I. AND ORS.versusTAPAN KR. SINGH

2003 INSC 226Appeal(s) allowed

The CBI received a reliable tip that Tapan Kumar Singh, a senior official, had demanded and accepted a sum of Rs 1 lakh as illegal gratification and was carrying the cash on a train. A General Diary (G.D.) entry recorded this information, after which the police intercepted Singh, searched him, his …

K.A. ABDUL JALEELversusT.A. SHAHIDA

2003 INSC 225Dismissed

The husband and wife married, had children and the husband purchased properties using dowry cash and jewellery, promising to transfer them to the wife. After the husband pronounced talaq, the wife filed a suit in the Family Court under the Family Courts Act claiming ownership of the properties. The …

H. SESHADRIversusK.R. NATARAJAN AND ANR.

2003 INSC 227Appeal(s) allowed

The appellant, H. Seshadri, was a shop tenant in a residential building whose residential tenant (respondent No.2) was evicted by a decree. During the execution of that decree, Seshadri was also evicted. He filed an application under Order XXI Rules 99 and 100 of the CPC claiming an independent …

T.A. AHAMMED KABEERversusA.A. AZEEZ AND ORS.

2003 INSC 228Dismissed

In the Kerala Legislative Assembly election for Eravipuram, A.A. Azeez was declared elected by a margin of 21 votes over T.A. Ahamed Kabeer, who filed an election petition alleging double voting, impersonation, defective voter lists and invalid postal votes. The returned candidate filed a …

JARNAIL SINGH AND ANR.versusSTATE OF HARYANA AND ANR.

2003 INSC 222Dismissed

The petitioners were already accused in a police case relating to a shooting incident, but were later summoned under Section 319 of the CrPC in a separate complaint case concerning the same occurrence. They challenged the summons, arguing that Section 319 could not be invoked against a person …

SALIM AKHTAR @ MOTAversusSTATE OF UTTAR PRADESH

2003 INSC 223Appeal(s) allowed

The appellant, Salim Akhtar (Mota), was convicted under the Terrorist and Disruptive Activities Prevention Act (TADA) for allegedly possessing a pistol, cartridges, a bomb and RDX that were recovered after he led police to a polythene bag in an open area. The pistol was not sealed at the time of …

M/S. PAWAN HANS LTD.versusUNION OF INDIA AND ANR.

2003 INSC 220Dismissed

Mis. Pawan Hans Ltd. sought flats for its employees and entered negotiations with Mis. Lokhandwala Construction Industries Ltd. over price and the requirement of an unconditional bank guarantee. The parties could not agree on the guarantee clause, the Memorandum of Understanding was never signed and …

ARUNKUMAR AND ANR.versusSHRINIWAS AND ORS.

2003 INSC 221Appeal(s) allowed

Sitabai executed a will bequeathing her self‑acquired property to her husband, Ramachandra, for his lifetime and thereafter to three minor nephews. After the testator and her husband died, the husband's brother and his children took possession, and a compromise decree was obtained in an injunction …

STATE OF WEST BENGAL AND ORS,versusSRI PRONAB KR. SUR AND ORS.

2003 INSC 217Appeal(s) allowed

The State of West Bengal appealed against a Calcutta High Court order that granted exemption under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 and confirmed the sale of a sick company's excess land to a third party, despite pending winding‑up proceedings under the Companies Act, …

LAXMINARAYAN R. BHATTAD AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

2003 INSC 218Dismissed

The appellants' original land was acquired under a Town Planning Scheme and they were awarded two final plots and monetary compensation by an arbitrator. They later sought additional Floor Space Index (FSI) and Transferable Development Rights (TDR) under the 1991 Development Control Regulations, …

CHARANJIT KAUR (DEAD) THR. PROPOSED LRS.versusUNION OF INDIA AND ORS.

2003 INSC 219Appeal(s) allowed

The case concerned appeals arising from a land acquisition proceeding under the Land Acquisition Act, 1894, where the claimants sought compensation and the Union of India contested the percentage of deduction for development costs. The High Court had segregated the appeals of the land owners from …

M/S. AHUJA INDUSTRIES LTD.versusSTATE OF KARNATAKA AND ORS.

2003 INSC 212Dismissed

Ahuja Industries Ltd purchased a parcel of land but its title was not entered in the revenue records. The Karnataka government acquired the land for industrial development under the Karnataka Industrial Areas Development Act, 1966, issuing a preliminary notification under Section 28(1) on 3 Oct 1997 …

LAND COMMISSIONER, MADRAS AND ANR.versusRAJESHWARI

2003 INSC 213Dismissed

The case concerned the interpretation of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 in a dispute over surplus land declared against the husband of the respondent, Rajeswari. The Authorized Officer had declared 3.06 standard acres as surplus, a decision upheld by the Land …

B. JANAKIRAMAIAH CHETTYversusA.K. PARTHASARTHI AND ORS.

2003 INSC 214Dismissed

The appellant filed a suit for damages alleging police torture, and the respondents failed to appear at the final hearing where a decree was passed ex parte. The respondents sought relief under Order IX Rule 13, arguing that the decree was an ex parte adjudication, while the appellant contended that …

UNION OF INDIAversusINDALCO INDUSTRIES

2003 INSC 215Dismissed

The Union of India (Revenue) issued a show‑cause notice under Section 11‑A of the Central Excise Act alleging clandestine removal of goods and incorrect valuation of Indalco Industries’ aluminium products. The High Court dismissed the part of the notice dealing with clandestine removal but quashed …

PHOOL BADAN TIWARI AND ORS.versusUNION OF INDIA AND ORS.

2003 INSC 216Dismissed

The appellants, employed as supervisors in Railway Handicraft Centres, claimed they were railway employees and sought regularisation, pay‑scales and other benefits. The Central Administrative Tribunal held that they were not railway servants because their appointments were on a fixed remuneration …

MANOREY @ MANOHARversusBOARD OF REVENUE (U.P.) AND ORS.

2003 INSC 204Appeal(s) allowed

Manorey, an agricultural labourer belonging to a Scheduled Caste, had cultivated a 2.45‑acre plot for 14‑15 years that was vested in the Gaon Sabha and later leased to others. He filed an application under Section 122B(4F) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 seeking protection …

ROOP KUMARversusMOHAN THEDANI

2003 INSC 206Dismissed

The father of the plaintiff entered into an agency‑cum‑licence deed with the defendant for the use of a shop as a showroom, with commission payable on tailoring and material sales. Possession of the shop remained with the plaintiffs, but the defendant later occupied it, stopped paying commission and …

UTKAL UNIVERSITY AND ANR.versusJYOTIRMAYEE NAYAK AND ORS.

2003 INSC 209Appeal(s) allowed

The respondents, employed as Library Assistants and Attendants at Utkal University, filed writ petitions seeking regularisation of their services and salary parity with regular university employees. The Orissa High Court rejected their regularisation claim but directed the university to pay them …

M/S. AWAZ PRAKASHAN PRIVATE LIMITEDversusPRAMOD KUMAR PUJARI

2003 INSC 210Dismissed

Awaz Prakashan Private Ltd closed its newspaper and retrenched reporter P.K. Pujari on 1 July 1989. The reporter claimed the retrenchment violated the Industrial Disputes Act, 1947 and obtained a Labour Court award for reinstatement with back wages. The employer later challenged the award, arguing …

COMMISSIONER OF CENTRAL EXCISE, MUMBAI-IIIversusM/S I.S.P. INDUSTRIES LTD.

2003 INSC 211Dismissed

The Commissioner of Central Excise appealed against orders of the Central Excise and Gold (Control) Appellate Tribunal that had held that notional interest on interest‑free advances taken by manufacturers from buyers could not be added to the assessable value of excisable goods. The revenue argued …

RAJASTHAN PUBLIC SERVICE COMMISSION AND ANR.versusHARISH KUMAR PUROHIT AND ORS.

2003 INSC 199Disposed off

The Rajasthan Public Service Commission advertised 116 Munsif Magistrate posts with 59 reserved for the General category and the rest for OBC, SC and ST. Because of a shortfall of SC and ST candidates, the Rajasthan High Court directed the Commission to call 210 General‑category candidates for …

ARM GROUP ENTERPRISES LTD.versusWALDORF RESTAURANT AND ORS.

2003 INSC 201Appeal(s) allowed

The landlord, ARM Group Enterprises Ltd., owned premises that were leased to Allenberry & Co., who gave notice of surrender on 31‑Aug‑1953 but failed to hand over vacant possession. The tenant vacated under a compromise decree that reserved the landlord's right to evict any sub‑tenants. The …

THE STATE OF MAHARASHTRAversusDR. PRAFUL B. DESAI AND ANR.

2003 INSC 202Disposed off

The State of Maharashtra filed a criminal complaint under IPC sections 338, 109 and 114 alleging medical negligence by Dr. Praful B. Desai and Dr. A.K. Mukherjee, leading to the death of the complainant's wife. The trial court permitted the testimony of a US doctor, Dr. Greenberg, via …

M.D., U.P. LAND DEV. CORPN. AND ANR.versusAMAR SINGH AND ORS.

2003 INSC 203Appeal(s) allowed

The Uttar Pradesh Land Development Corporation appointed a panel of trainees as Assistant Project Managers for the World Bank‑funded "Million Wells Scheme" and paid them a stipend. When the scheme was discontinued, six of the trainees filed a writ petition seeking regularisation and pay‑scale …

MOHD. ASLAM @ BHUREversusUNION OF INDIA AND ORS.

2003 INSC 194Disposed off

The Supreme Court heard a public‑interest writ petition filed by Mohd. Aslam seeking that the 67.703 acres of land acquired under the Acquisition of Certain Area at Ayodhya Act, 1993 be preserved in its present condition until pending title suits before the Allahabad High Court are decided. The …

S.M. NILAJKAR AND ORS.versusTELECOM DISTRICT MANAGER, KARNATAKA

2003 INSC 195Appeal(s) allowed

The petitioners, a group of casual workmen employed by the Telecom Department for a temporary cable‑laying project, were terminated when the project ended in 1986‑87. They sought reinstatement, continuity of service and back wages, arguing that their termination fell under sub‑clause (bb) of Section …

T. LAKSHMIPATHI AND ORS.versusP. NITHYANANDA REDDY AND ORS.

2003 INSC 196Dismissed

The Supreme Court examined an eviction suit under the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960 where the landlord, a co‑owner of a disputed property, sought possession of premises occupied by tenants who had transferred possession to third parties that had bought only part of the …

M/S. POLYGAS ACRYLIC MFG. CO. LTD.versusCOMMISSIONER OF CUSTOMS, VISHAKHAPATNAM

2003 INSC 197Appeal(s) allowed

Mis. Polygas Acrylic Mfg. Co. Ltd. imported Methyl Methacrylate Monomer (MMM) described in the invoice as "regenerated second grade". The Customs Department rejected this description, issued a show‑cause notice alleging misdeclaration and claimed the goods were of prime quality, leading to …

D.S. PARVATHAMMAversusA. SRINIVASAN

2003 INSC 198Dismissed

The appellant, D.S. Parvathamma, claimed that an agreement to purchase the suit premises made in 1970 had placed her in possession as a prospective vendor and sought protection of that possession under Section 53A of the Transfer of Property Act, 1882. The respondent, A. Srinivasan, a subsequent …

SHARDAversusDHARMPAL

2003 INSC 189Dismissed

The husband filed for divorce under Sections 12(1)(b) and 13(1)(iii) of the Hindu Marriage Act, seeking a court order that his wife undergo a medical examination to determine unsoundness of mind. The District Judge ordered the examination, the High Court dismissed the revision, and the wife appealed …

RAJNI KUMARversusSURESH KUMAR MALHOTRA AND ANR.

2003 INSC 190Dismissed

The landlord sued the tenant for unpaid water and electricity charges under a suit filed pursuant to Order 37 of the CPC. The trial court decreed the suit ex‑parte, deeming service of summons as effected by registered post. The tenant applied under Order 37 Rule 4 to set aside the decree, alleging …

SETH CHAND RATANversusPANDIT DURGA PRASAD (D) BY LRS. AND ORS.

2003 INSC 191Appeal(s) allowed

The dispute concerned the status of Shri Madan Mohan Mandir and adjoining shops in Harda, Madhya Pradesh. Two applications were filed under the Madhya Pradesh Public Trusts Act, 1951: one by Pandit Kamta Prasad (case No. 73) seeking registration as a public trust, which he later withdrew, and …

SAHEBGOUDA (DEAD) BY LRS. AND ORS.versusOGEPPA AND ORS.

2003 INSC 192Appeal(s) allowed

The appellants, who claim to be hereditary pujaris of the Amogsidda temple, filed a suit in the civil court seeking a declaration of their pujariki rights and an injunction against interference by the respondents. The respondents argued that the suit was barred by Section 80 of the Bombay Public …

KACHA KANTI SEVA SAMITY AND ANR.versusSHRI KACHA KANTI DEVI AND OS.

2003 INSC 193Case Partly allowed

The Supreme Court examined a dispute over the status of a temple in Udarband, Cachar, where the respondents claimed hereditary shebaitship of the deity based on ancient royal appointments, while the appellants argued that the temple was a public endowment with no formal shebait appointment. The …

UNION OF INDIA AND ANR.versusM/S. G.T.C. INDUSTRIES LTD., BOMBAY

2003 INSC 186Disposed off

The Supreme Court examined a dispute arising from show‑cause notices issued under the Central Excise Act, 1944 to G.T.C. Industries Ltd. and its alleged front company. A partner of the front company gave oral submissions before the Collector, who relied on those statements to pass an adverse …

COLLECTOR OF CENTRAL EXCISE, NEW DELHIversusGURU NANAK REFRIGERATION CORPN.

2003 INSC 187Dismissed

The Collector of Central Excise issued a show‑cause notice to Guru Nanak Refrigeration Corp. alleging that the cost of production of its refrigeration parts exceeded the wholesale price and sought recovery of differential excise duty. The wholesale price had been approved by the excise authorities …

GUNANIDHI MARTHA AND ORS.versusGOVT. OF ORISSA AND ORS.

2003 INSC 188Disposed off

The dispute concerned the selection of police constables for training and promotion to the rank of Lance Naik under Police Order No. 266 of 1981. The Order required candidates to obtain at least 50% marks in each individual subject of the outdoor and indoor tests and to be selected for training on …

KARAMJIT SINGHversusSTATE (DELHI ADMINISTRATION)

2003 INSC 184Dismissed

Karamjit Singh, a Delhi police constable, was residing in a police quarter allotted to his father‑in‑law when police, acting on secret information, raided the premises and recovered explosives and related materials from a locked box that Singh opened. He was convicted under Sections 3 and 5 of the …

DELHI FARMING AND CONSTRUCTION (P) LTD.versusCOMMISSIONER OF INCOME TAX, DELHI

2003 INSC 185Appeal(s) allowed

Delhi Farming and Construction (P) Ltd., an investment company, received compensation for compulsory acquisition of agricultural land in 1962. The directors transferred the entire amount to a capital reserve and did not declare any dividend for the assessment years 1974-75, 1975-76 and 1976-77, …

M/S. SUNNY INDUSTRIES PVT. LTD.versusCOLLECTOR OF CENTRAL EXCISE, CALCUTTA

2003 INSC 183Dismissed

M/s Sunny Industries Pvt. Ltd. manufactured an Ad‑vitamin Massage Oil Forte and claimed it to be a patent or proprietary medicine, seeking classification under tariff heading 30.03 (medicaments). The Assistant Collector and the Collector (Appeals) classified it as a cosmetic product under heading …

MANJUNATH ANANDAPPA URF. SHIVAPPA HANASIversusTAMMANASA AND ORS.

2003 INSC 177Appeal(s) allowed

The plaintiff entered into an agreement of sale on 1 Oct 1978 with the owner of a suit property, paying Rs 20,000 of the Rs 30,000 price and agreeing to pay the balance and obtain a registered deed within three years. The owner later sold the property to the appellant on 15 May 1984. The plaintiff …

FEDERATION OF RAILWAY OFFICERS ASSOCIATION AND ORS.versusUNION OF INDIA

2003 INSC 178Dismissed

The Federation of Railway Officers Association challenged the Government's decision to create seven new railway zones, alleging that the move violated Section 3 of the Railways Act, 1989 because it was not based on administrative efficiency and was driven by political and backward‑area …

B.S. JOSHI AND ORS.versusSTATE OF HARYANA AND ANR.

2003 INSC 179Appeal(s) allowed

The husband and his relatives filed a petition to quash an FIR registered by the wife under Sections 498A, 323 and 406 IPC after the parties had settled their matrimonial dispute and were proceeding towards divorce. The Punjab and Haryana High Court dismissed the petition, holding that the offences …

HARI SHANKAR PRASADversusSHAHID ALI KHAN AND ORS.

2003 INSC 180Appeal(s) allowed

In the 2000 Bihar Assembly election for Sitamarhi, petitioner Hari Shankar Prasad lost to Shahid Ali Khan by 35 votes. The Returning Officer rejected 90 ballot papers marked with a distinguishing‑mark stamp, deeming them invalid, despite a directive from the Election Commission that such ballots …

D.P. LONversusCOLLECTOR OF CENTRAL EXCISE AND CUSTOMS

2003 INSC 181Dismissed

The appellant, a yarn manufacturing firm, produced "Taspa" (fancy) yarn by a doubling/multifolding process and claimed exemption from excise duty under notifications for doubled yarns. The Collector of Central Excise issued a show‑cause notice, demanded duty and imposed a penalty, classifying the …

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

2003 INSC 176Disposed off

The Supreme Court examined the constitutionality of Section 33B (also called Section 338) of the Representation of the People Act, 1951, inserted by the 3rd Amendment Act, 2002, which barred candidates from disclosing any information not expressly required by the Act despite Supreme Court …

VED PRAKASH AND ORS.versusMINISTRY OF INDUSTRY, LUCKNOW AND ANR.

2003 INSC 165Dismissed

The appellants challenged the acquisition of about 496 acres of land under the Land Acquisition Act, 1894, claiming the land was "abadi" and therefore exempt under Uttar Pradesh's policy not to acquire village settlements. The Supreme Court in Om Prakash v. State of U.P. directed that the parties …

MYSORE CEMENTS LTD.versusSVEDALA BARMAC LTD.

2003 INSC 166Dismissed

Mysore Cements Ltd. entered into a contract with Svedala Barmac Ltd. for rock‑crushing machines. After the machines failed, the parties attempted conciliation, signing a Memorandum of Conciliation and a Letter of Comfort on the same day. Mysore Cements sought execution of these documents, claiming …

COMMISSIONER OF CENTRAL EXCISE, AHMEDABADversusJALARAM WOOD CRAFTS (P) LTD.

2003 INSC 167Dismissed

Jalaram Wood Crafts (P) Ltd., a small‑scale manufacturer of plywood and related products, claimed exemption under Notification No. 217/86 for inputs (glue, UF resin, wood veneer) while its final products were already exempt under Notification No. 175/86 up to an aggregate value of Rs 20 lakh. The …

ESCORTS LIMITED AND ANR.versusCOLLECTOR OF CENTRAL EXCISE, CHANDIGARH

2003 INSC 168Dismissed

Escorts Ltd. and Goetze (India) Ltd., manufacturers of tractors, sold 60% of their tractors to stockists at a 27.5% discount and 40% to sub‑stockists at a 25% discount. They passed the 2.5% differential discount on to the stockists and claimed it as a deductible trade discount when valuing the goods …

COLLECTOR OF CENTRAL EXCISE, JAIPURversusALCOBEX METALS

2003 INSC 169Dismissed

AlcoBex Metals manufactured copper shells and blanks that were consumed without payment of excise duty between 1981 and 1985. The Deputy Collector of Central Excise, Jaipur, issued a show‑cause notice on 6 March 1986 invoking the proviso to Section 11‑A of the Central Excise Act, 1944, seeking …

STATE OF U.P. AND ANR.versusCHANDRAPAL SINGH AND ANR.

2003 INSC 170Appeal(s) allowed

The State of Uttar Pradesh dismissed Assistant Agriculture Inspector Chandrapal Singh after disciplinary proceedings initiated by the District Agriculture Officer, who was subordinate to the Director of Agriculture, the appointing authority. Singh challenged the dismissal before the U.P. Public …

J.P. BANSALversusSTATE OF RAJASTHAN AND ANR.

2003 INSC 171Dismissed

J.P. Bansal was appointed as a judicial member and later acting Chairman of the Rajasthan Taxation Tribunal with a tenure ending on 18 September 2000. The Tribunal was abolished by the Rajasthan Taxation Tribunal (Repeal) Ordinance, 1999, which automatically terminated his appointment. Bansal filed …

SECRETARY, SELECTION COMMITTEE (MBBS)versusN. ANIRUDHAN (MINOR) AND ORS.

2003 INSC 172Disposed off

The respondents, who belong to the open category, challenged their denial of admission to Government Medical Colleges, arguing that seats created under the Supreme Court's interim directions on communal reservation should be allotted to them. The High Court Single Judge, affirmed by the Division …

CANARA BANK AND ORS.versusSHRI DEBASIS DAS AND ORS.

2003 INSC 174Appeal(s) allowed

Four charge‑sheets were issued against bank officer Debasis Das. After an inquiry into one charge, he was dismissed, a decision later set aside by the High Court and he was reinstated. Subsequent inquiries into the remaining charges were conducted, during which the employee was not allowed to file …

SMT. KANTA DEVIversusUNION OF INDIA AND ANR.

2003 INSC 175Disposed off

The appellant, Kanta Devi, challenged the dismissal of her husband, a Subedar (Inspector) of the CRPF, which was ordered by the Deputy Inspector General (DIG) under the Central Reserve Police Force Rules, 1955. The High Court had quashed the dismissal, holding that prior approval of the Inspector …

SHYAMA CHARAN DASH AND ORS.versusSTATE OF ORISSA AND ANR.

2003 INSC 161Dismissed

The State of Orissa, exercising powers under Rule 7(1) of the Orissa Industries Service Rules, 1985, merged various categories of posts into Industries Promotion Officers (IPOs) and later amended the rule to delete the pay‑scale restriction, thereby making all IPOs eligible for promotion to Class‑II …

STATE OF ANDHRA PRADESH AND ORS.versusGOVERDHANLAL PITTI

2003 INSC 162Appeal(s) allowed

The State of Andhra Pradesh was occupying a century‑old school building owned by GoverdhAnlal Pitti under a tenancy. The landlord obtained an eviction order from the High Court, which also directed the State to vacate the premises. While the eviction was pending, the State initiated acquisition …

COMMISSIONER OF CENTRAL EXCISEversusM/S M.P.V. & ENGG. INDUSTRIES

2003 INSC 164Dismissed

The respondent, a manufacturer of cooling towers, applied for registration as a small‑scale industry on 3 December 1986 but the application remained pending. A second application was filed in February 1988 and permanent registration was granted on 31 March 1988. The dispute centred on whether the …

BIMLESH TANWARversusSTATE OF HARYANA AND ORS .

2003 INSC 155Dismissed

A competitive examination for 28 subordinate judge posts in Haryana resulted in 42 qualified candidates, of whom 10 were from reserved categories. Seven reserved vacancies remained unfilled and were later de‑reserved, allowing 18 general‑category appointments. The appellant, a reserved‑category …

N.T.R. UNIVERSITY OF HEALTH SCIENCES, VIJAYWADAversusG. BABU RAJENDRA PRASAD AND ANR.

2003 INSC 156Appeal(s) allowed

The Supreme Court examined whether the Andhra Pradesh government could extend reservations for Scheduled Castes, Scheduled Tribes and Backward Classes to the 15% of seats left unreserved for non‑local candidates under the 1974 Presidential Order. The appellant, N.T.R. University of Health Sciences, …

HIGH COURT OF GUJARAT AND ANR.versusGUJARAT KISHAN MAZDOOR PANCHAYAT AND ORS.

2003 INSC 157Appeal(s) allowed

The Gujarat Government appointed Shri N.A. Acharya as President of the Industrial Court by nomination, invoking draft recruitment rules prepared by the High Court. The Gujarat Kishan Mazdoor Panchayat challenged the appointment, arguing that Section 10(2) of the Bombay Industrial Relations Act, 1946 …

STATE OF A.P.versusK. PURUSHOTHAM REDDY AND ORS

2003 INSC 158Appeal(s) allowed

The State of Andhra Pradesh enacted the Andhra Pradesh State Council of Higher Education Act, 1988 to address gaps identified in the earlier 1986 Commissionerate Act, which had been struck down as ultra vires in Osmania University Teachers Association. A university teacher challenged the 1988 Act, …

GOVERNMENT OF MAHARASHTRAversusM/S. DEOKARS DISTILLERY

2003 INSC 159Appeal(s) allowed

The Supreme Court examined whether the Government of Maharashtra could demand additional supervision charges from Deokar's Distillery after the State revised its civil service pay scales with retrospective effect. The licencees had paid supervision fees in advance as required by the Bombay …

TEJ KAUR AND ORS. ETC.versusSTATE OF PUNJAB AND ORS.

2003 INSC 152Dismissed

The appellants' lands were acquired under the Land Acquisition Act, 1894 for an "Industrial Focal Point" in Punjab. After a notification on 7 May 1991, they filed objections on 13 June 1991; a Section 6 declaration was made on 18 March 1992 and the award was passed on 15 March 1994. The appellants …

GOAPLAST PVT. LTD.versusSHRI CHICO URSULA DSOUZA AND ANR.

2003 INSC 153Appeal(s) allowed

The appellant, Goaplast Pvt. Ltd., issued post‑dated cheques to the respondent and later instructed the drawee bank to stop payment before the dates on which the cheques became payable. The respondent filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, which was dismissed by …

UNION OF INDIAversusB.N. JHA

2003 INSC 154Dismissed

The case concerned a Deputy Commandant of the Border Security Force (BSF) who was accused of accepting bribes for recruitment. The Unit Commandant, who was also a prosecution witness, directed a subordinate Commandant to initiate disciplinary proceedings against the officer, attaching him to a wing …

J.M.D. ALLOYS LTD.versusBIHAR STATE ELECTRICITY BOARD AND ORS.

2003 INSC 151Dismissed

J.M.D. Alloys Ltd., an industrial electricity consumer, was alleged to have tampered with the seal of its CT/PT terminal box and to have drawn electricity beyond its contracted load, leading the Bihar State Electricity Board to issue a compensatory bill under Clause 16.9 of its tariff. The …

DY. CHIEF CONTROLLER OF IMPORTS AND EXPORTSversusROSHANLAL AGARWAL AND ORS.

2003 INSC 146Disposed off

The Deputy Chief Controller of Imports and Exports filed complaints against Roshanlal Agarwal and others under several IPC sections and Section 5 of the Imports and Exports (Control) Act, 1947. The complaints were tried before a Special Court (Economic Offences) constituted by a Karnataka …