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Judgments of 2004

729 judgments · newest first · showing 401–600

CAPTAIN SUBE SINGH AND ORS.versusLT. GOVERNOR OF DELHI AND ORS.

2004 INSC 329Case Partly allowed

The appellants, private stage‑carriage operators, challenged a Delhi Government notification dated 31‑12‑1999 issued under Section 67 of the Motor Vehicles Act, 1988, which (i) raised the fees for using DTC bus shelters and terminals and (ii) made all DTC concessional passes binding on private …

STATE OF HARYANAversusJARNAIL SINGH AND ORS.

2004 INSC 325Appeal(s) allowed

The police, including a Superintendent of Police, stopped a tanker on a public highway and searched it, discovering 73 gunny bags of poppy husk. The accused were convicted under Section 15 of the NDPS Act, but the High Court acquitted them, holding that Sections 42 and 50 of the NDPS Act were not …

STATE OF WEST BENGALversusSADAN K. BORMAL AND ANR.

2004 INSC 326Appeal(s) allowed

The State of West Bengal filed a criminal appeal against S.K. Bormal and others, who were charged under the Prevention of Corruption Act, 1947 for offences alleged to have been committed in August 1988. The 1947 Act was repealed on 9 September 1988 by the Prevention of Corruption Act, 1988, and the …

CHANDA AND ORS.versusSTATE OF U.P. AND ANR.

2004 INSC 327Dismissed

The case involved eight accused who formed an unlawful assembly and attacked the deceased Qasim, resulting in his death. The trial court convicted the accused under Section 302 read with Section 149 IPC, but later the High Court altered the conviction to Section 304 Part I read with Section 149 and …

TEKABA AO AND ANR.versusSAKUMEREN AO AND ANR.

2004 INSC 328Case Partly allowed

The dispute involved two clans from neighboring villages in Nagaland over access to a water source and the ownership of the land on which it lay. The village Dobhasis Court initially held the land belonged to the appellants, but the respondents appealed and the Additional Deputy Commissioner later …

STATE OF U.P.versusVEER SINGH AND ORS.

2004 INSC 320Appeal(s) allowed

The State of Uttar Pradesh prosecuted several accused for the murder of members of two families. The sole surviving witness, Harbhajan Kaur (PW‑4), gave a statement that was recorded as a dying declaration, although she later survived. The trial court convicted five accused based on her statement …

NEW INDIA ASSURANCE CO. LTD.versusKIRAN SINGH AND ORS.

2004 INSC 321Dismissed

An Assistant Engineer died in a bus accident; his wife claimed compensation from New India Assurance, the insurer of the vehicle. The Tribunal awarded Rs 6,25,000 with a 43‑multiplier and 12% interest, relying on a carbon copy of the policy produced by the bank manager. The High Court upheld the …

UNION OF INDIA AND ORS.versusKRISHAN LAL ARNEJA AND ORS.

2004 INSC 322Dismissed

Fourteen properties requisitioned by the Union of India were later notified for acquisition under Sections 4 and 17(1)&(4) of the Land Acquisition Act, 1894. The High Court had quashed the notification on the ground that there was no urgency and that the owners' right to object under Section 5A was …

DEEPAK KUMAR PRAHLADKAversusCHIEF JUSTICE PRABHA SHANKER MISHRA AND ANR.

2004 INSC 323Disposed off

The appellant filed two contempt petitions in the Calcutta High Court challenging a suo motu contempt notice and a judgment that criticized his claim of being a legal researcher. The High Court convicted him of contempt for the scandalising allegations in those petitions and sentenced him to six …

M/S. KUSUM INGOTS AND ALLOYS LTD.versusUNION OF INDIA AND ANR.

2004 INSC 319Dismissed

Mis. Kusum Ingots and Alloys Ltd., a Mumbai‑registered company, obtained a loan from the Bhopal branch of State Bank of India and was served a repayment notice under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The company challenged the …

BAR COUNCIL OF INDIAversusHIGH COURT OF KERALA

2004 INSC 311Dismissed

The Bar Council of India filed a writ petition under Article 32 challenging Rule 11 of the Kerala High Court Rules, which bars an advocate found guilty of contempt from appearing, acting or pleading in any court until he purges the contempt. The Council argued that the rule violated Articles 14 and …

MODERN SCHOOLversusUNION OF INDIA AND ORS.

2004 INSC 312Disposed off

The Delhi High Court, on a public‑interest writ filed by a parents' federation, held that several unaided recognised schools in Delhi were commercialising education by charging excessive fees and transferring surplus funds to their managing societies. The schools appealed to the Supreme Court, …

STATE OF MAHARASHTRA AND ORS.versusASHA ARUN GAWALI AND ANR.

2004 INSC 317Disposed off

The Bombay High Court quashed the detention of a prisoner under the National Security Act after finding that the jail officials had allowed unauthorised visitors to meet the inmate, facilitating conspiracies to commit murders. The High Court directed criminal prosecution of three jail …

UNION OF INDIA AND ANR.versusMANU DEV ARYA

2004 INSC 313Appeal(s) allowed

Manudevarya, a Research Assistant with the Central Council for Research in Homeopathy, received a non‑practicing allowance (NPA) of Rs.75 while doctors and physicians in the same institution received Rs.150. The Government issued a policy in 1991 enhancing NPA for doctors and physicians in pay …

J.C. SEHGALversusDEVI DASS AND ORS.

2004 INSC 314Leave Granted & Allowed

The dispute concerned a four‑room property in Jammu that was sold by Issar Dass to Ved Paul Gupta, who later sold it to Shashi Kant and then to Raj Kumar, the tenant. Devi Dass (respondent No. 1) filed a pre‑emption suit in 1978 under the J&K Rights of Prior Purchase Act, 1936, claiming a right …

LALIT MOHAN PANDEYversusPOORAN SINGH AND ORS.

2004 INSC 315Appeal(s) allowed

In a Zila Panchayat election in Uttaranchal, three candidates received six, five and one first‑preference votes. After eliminating the lowest‑vote candidate, the remaining two each had six votes, and no one met the quota required under the Hare‑Clarke system. The Returning Officer declared the post …

D.D. SHARMAversusUNION OF INDIA

2004 INSC 316

The Union of India invited tenders for six bridges and incorporated an arbitration clause. The contractor D.D. Sharma submitted a tender with conditional offers of rebates subject to the award of a 10% interest‑free advance and timely allotment of the work. The Union failed to hand over the site on …

VINOD KUMARversusTHE COMMISSIONER AND ORS.

2004 INSC 318Dismissed

The Supreme Court examined whether the 23 November 1989 judgment, which granted title and possession of 64 bighas of land to respondents Vinod Kumar and others, constituted a decree that made them tenure‑holders under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. The State of …

STATE THROUGH S.P., NEW DELHIversusRATAN LAL ARORA

2004 INSC 310Appeal(s) allowed

The respondent, a former commercial superintendent of the Delhi Vidyut Board, was convicted under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 for demanding and accepting a bribe of Rs.1,500. The trial court sentenced him to 20 months and 40 months of rigorous imprisonment …

COMMISSIONER OF CENTRAL EXCISE, SURATversusM/S. SURAT TEXTILE MILLS LTD. AND ORS.

2004 INSC 309Disposed off

The Commissioner of Central Excise appealed against orders of the Custom, Excise and Gold (Control) Appellate Tribunal (CEGAT) which had held that advertising expenses recovered from dealers could not be added to the assessable value of processed fabrics and beverage bases. The Supreme Court …

PARVINDER SINGHversusRENU GAUTAM AND ORS.

2004 INSC 305Appeal(s) allowed

The landlord of a shop in Shimla sued the widow and minor son of the deceased tenant for eviction under Section 14(2)(ii)(a) of the Himachal Pradesh Urban Rent Control Act, 1987, alleging that the tenant had sublet the premises to a partner and that the subletting continued after his death. The Rent …

STATE OF H.P. AND ORS.versusRAJ KUMAR BRIJENDER SINGH AND ORS.

2004 INSC 306

The Himachal Pradesh Ceiling on Land Holdings Act, 1972, led the Collector to declare 9,000 bighas of land belonging to the heirs of Raja Lakshman Singh as surplus in 1976. The State appealed the Collector’s order but withdrew the appeal in March 1976, rendering the Collector’s order final. In 1991, …

TIRUPATI BALAJI DEVELOPERS PVT. LTD. AND ORS.versusSTTE OF BIHAR AND ORS.

2004 INSC 301Disposed off

The Patna High Court, exercising its Article 226 jurisdiction, issued an interim order that halted construction activities on Bailey Road, prompting seven builders to seek special leave to appeal before the Supreme Court. The Supreme Court dismissed the SLP, directing the petitioners to approach the …

PUNJAB AND SIND BANK AND ANR.versusS. RANVEER SINGH BAWA AND ANR.

2004 INSC 296Appeal(s) allowed

Punjab and Sind Bank introduced a Voluntary Retirement Scheme (VRS) in December 2000. Respondent No.1, Ranveer Singh Bawa, opted for the scheme on 6‑12‑2000 but requested to withdraw his option on 22‑12‑2000. The bank, relying on clause 10.4, refused the withdrawal and relieved him of service on …

STATE OF U.P. AND ORS.versusNETRA PAL SINGH AND ORS.

2004 INSC 297Disposed off

The State of Uttar Pradesh declined to renew the terms of several District Government Counsels (DGCs). The DGCs filed writ petitions in the Allahabad High Court, which directed the State to renew their appointments. The State appealed to the Supreme Court, arguing that the High Court had overstepped …

VAREED JACOBversusSOSAMMA GEEVARGHESE AND ORS.

2004 INSC 298Dismissed

In a partition suit, a decree granted recovery of certain items to a defendant. Another defendant filed a suit challenging the decree, and the court issued a temporary injunction under Order 39 restraining execution of the decree. The suit was dismissed for default, later restored, and finally …

STATE OF U.P AND ANR.versusJOHRI MAL

2004 INSC 299Appeal(s) allowed

The State of Uttar Pradesh did not renew the term of Johri Mal as District Government Counsel (Criminal) despite a vacancy notice. The respondent challenged the non‑renewal, and the Allahabad High Court ordered renewal, directing that a collegium headed by the District Judge recommend the …

MANORANJAN DASversusSTATE OF JHARKHAND

2004 INSC 302Appeal(s) allowed

Manoranjan Das, a businessman, introduced Loknath Acharya to a bank for opening a current account. Acharya later presented forged demand drafts and withdrew money, leading the bank to discover the fraud and file a police complaint against Acharya, Das and a bank employee under Sections 420 and 109 …

T.T. HANEEFAversusSTATE OF KERALA

2004 INSC 303Dismissed

The appellant, T.T. Haneefa, was arrested on a public road after police, acting on prior information, suspected him of carrying narcotic drugs. He was informed of his right under Section 50 of the NDPS Act to be searched in the presence of a magistrate or gazetted officer and he declined that …

S. JEEVANANTHAMversusTHE STATE THROUGH INSPECTOR OF POLICE, TN

2004 INSC 304Dismissed

The appellants, Muniyandi and Jeevanantham, were convicted under Sections 8(c) and 20(b)(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of hashish. The investigating officer, a police inspector, received information about drug sales, conducted a search, recovered the …

M/S. ICPA HEALTH PRODUCTS (P) LTD.versusCOMMISSIONER OF CENTRAL EXCISE, VADODARA

2004 INSC 291Appeal(s) allowed

ICPA Health Products Ltd. manufactures three surgical disinfectant products—Hexiprev, Hexiscrub (Surgiscrub) and Haxiaque—and initially classified them under Tariff Item 3003.10 (patent or proprietary medicaments) under the Central Excise Tariff Act, 1985. The Commissioner of Central Excise issued …

RAMESH MEHTAversusSANWAL CHAND SINGHVI AND ORS.

2004 INSC 288Dismissed

The case concerned a no‑confidence motion against the Chairman of the Sanchar Municipal Board, which had 20 elected members, 2 nominated members and one ex‑officio MLA, totalling 23 members. The motion was declared passed by the Sub‑Divisional Officer because the required two‑thirds majority was …

N. BHARGAVAN PILLAI (DEAD) BY LRS. AND ANR.versusSTATE OF KERALA

2004 INSC 293Dismissed

N.B. Bhargavan Pillai, a public servant on deputation, failed to hand over stock of rice, palmolein and sugar at the end of his tenure, resulting in a shortage valued at Rs.1,63,770. He deposited Rs.50,000 and promised to pay the balance, but retired before a sanction for prosecution could be …

INDER PARKASH GUPTAversusSTATE OF JAMMU & KASHMIR AND ORS.

2004 INSC 289Disposed off

Inder Parkash Gupta challenged his placement at No.13 in the select list for lecturer posts in the Jammu & Kashmir Medical Education Department, alleging that the J&K Public Service Commission had applied its 1980 Rules, which allocated 100 marks to a viva voce test, in violation of the statutory …

UNION OF INDIA AND ANRversusC. DINAKAR, L.P.S. AND ORS.

2004 INSC 290Disposed off

The Union of India appealed against the Karnataka High Court’s affirmation of a Central Administrative Tribunal order that quashed the appointment of R.K. Raghavan as Director of the CBI and directed a fresh selection process. The first respondent, C. Dinakar, a senior IPS officer who had retired, …

STATE OF RAJASTHANversusSOHAN LAL AND ORS.

2004 INSC 294Appeal(s) allowed

The State of Rajasthan appealed to the Supreme Court against a Rajasthan High Court order that refused leave to appeal an acquittal without providing any reasons. The Supreme Court held that a High Court must record reasons when refusing leave under Section 378 of the Code of Criminal Procedure, …

[email protected]. BASHEETversusSTATE OF KERALA

2004 INSC 295Dismissed

The appellant was caught selling brown sugar on 23 February 2000; a police search of his shirt pocket yielded six small packets containing 1.2 g of the narcotic. He was convicted under section 21 of the NDPS Act and sentenced to ten years’ imprisonment and a fine. On appeal, he argued that the small …

JANAK SINGH AND ANR.versusSTATE OF UTTAR PRADESH

2004 INSC 285Dismissed

The deceased Khetrapal was proceeding to execute a will in favour of Bhuri Singh when Janak Singh and his accomplice Sarvesh, armed with firearms, opened fire, killing Khetrapal and injuring the witnesses. The prosecution relied on the testimony of Bhuri Singh (PW‑1), an injured eyewitness, to …

MAN ROLAND DRUCKIMACHINEN AGversusMULTICOLOUR OFFSET LTD. AND ANR.

2004 INSC 287Disposed off

The appellant, a German manufacturer of printing machines, sold a machine to the Indian respondent and was later accused before the MRTP Commission of unfair trade practices and faced a compensation claim. The appellant challenged the Commission's jurisdiction on two grounds: a contractual clause …

RAM BALIversusSTATE OF UTTAR PRADESH

2004 INSC 272Dismissed

The appellant Ram Bali Singh was convicted of murder under Section 302 IPC based on the testimony of two eyewitnesses. He challenged the conviction alleging that medical evidence of an empty stomach contradicted the ocular evidence, that the investigation was defective because the gun was not …

MANDA JAGANATHversusK.S. RATHNAM AND ORS.

2004 INSC 273Leave Granted & Allowed

The first respondent filed a nomination for the Lok Sabha election from Nagarkurnool (SC) constituency, but the Returning Officer rejected his Form B for leaving columns 2‑7 blank and consequently treated him as an independent candidate, refusing to allot the party symbol of Telangana Rashtra …

B.S. ADITYAN AND ORS.versusB. RAMACHANDRAN ADITYAN AND ORS.

2004 INSC 274Dismissed

The respondents sought leave under Section 92 of the CPC to file a suit for removal of trustees and framing of a scheme, which the High Court initially denied but later granted on appeal. The Supreme Court examined whether a court must give notice to the proposed defendants before granting such …

KARNATAKA BOARD OF WAKFversusGOVERNMENT OF INDIA AND ORS.

2004 INSC 276Dismissed

The Karnataka Board of Wakf claimed ownership of three properties in Bijapur, asserting that a 1976 notification and Gazette declared them Wakf under the Wakf Act, 1954, and that the Government of India’s claim of title by adverse possession was untenable. The Government countered that the …

NORATANMAL CHOURARIAversusM.R. MURLI AND ANR.

2004 INSC 270Dismissed

The tenant, N. Chouraria, filed a complaint of misconduct against his landlord‑advocate, M.R. MurlI, alleging assaults and threats during rent‑control proceedings. The State Bar Council referred the complaint to the Disciplinary Committee of the Bar Council of India, which refused to inquire, noting …

SUBBEGOWDA (DEAD) BY LR.versusTHIMMEGOWDA (DEAD) BY LRS.

2004 INSC 277Dismissed

Thimmegowda, having no male issue, adopted his nephew Narayani and executed a settlement deed on 1 August 1969 entrusting six agricultural properties to Narayani and his natural father Subbegowda for management, subject to a clause reserving the power of revocation to Thimmegowda. Thimmegowda later …

MAHESHWARI FISH SEED FARMversusT. NADU ELECTRICITY BOARD AND ANR.

2004 INSC 278Dismissed

The appellants, owners of fish seed farms engaged in pisciculture, claimed that the Tamil Nadu government’s 1990 notification granting free low‑tension electricity to "agriculture" also covered their fish‑farming activities. The respondents, Tamil Nadu Electricity Board, denied the claim, holding …

VISHWANATH JHUNJHUNWALAversusSTATE OF UTTAR PRADESH AND ANR.

2004 INSC 279Appeal(s) allowed

The appellant, a partnership firm engaged in oil refining on its own account and on a job‑work basis, sought to import coal from outside Uttar Pradesh using Form‑31, which is required for imports "in connection with business" under the U.P. Sales Tax Act, 1948. The Assistant Commissioner issued a …

ENGINEERING KAMGAR UNIONversusM/S. ELECTRO STEELS CASTINGS LTD. AND ANR.

2004 INSC 280Dismissed

The Engineering Kamgar Union challenged the closure of a factory owned by Electro Steels Castings Ltd, arguing that the Central Industrial Disputes Act, 1947 (applicable to establishments with 100 or more workers) should govern the lay‑off, retrenchment and closure procedures, not the Uttar Pradesh …

PUKHRAJ D. JAIN AND ORS.versusG. GOPALAKRISHNA

2004 INSC 281Appeal(s) allowed

The original owners of a residential building executed an agreement to sell the property to Dr. Gopalakrishna in 1974 and received an advance, but Gopalakrishna later rescinded the contract and sued for recovery of the advance. He subsequently sought to amend his suit for specific performance, which …

M/S HANIL ERA TEXTILES LTD.versusM/S. PUROMATIC FILTERS (P) LTD.

2004 INSC 282Appeal(s) allowed

Hanil Era Textiles Ltd placed a purchase order in Mumbai for filters, paying an advance there, and the order was accepted by the seller's Mumbai branch. The goods were later dispatched from the seller's Delhi factory to the buyer in Delhi, and the buyer filed a suit in the Delhi court for recovery …

N.D.P. NAMBOODRIPADversusUNION OF INDIA AND ORS.

2004 INSC 284Case Partly allowed

N.D.P. Namboodripad, a retired High Court Judge of Kerala, challenged the method used by the Central and State Governments to calculate his pension, arguing that his last drawn emoluments should include dearness allowance and special allowances as per Rule 62 of the Kerala Service Rules. The High …

GAYATRI DEversusMOUSUMI CO-OPERATIVE HOUSING SOCIETY LTD. AND ORS.

2004 INSC 271Appeal(s) allowed

The appellant, a daughter of a deceased member of Mousumi Co-operative Housing Society, sought transfer of a flat allotted to her father after his death intestate. The Society, under a Special Officer appointed by the High Court, declared the flat re‑allotted because the heirs had not claimed the …

TAMIL NADU KALYANA MANDAPAM ASSN.versusUNION OF INDIA AND ORS.

2004 INSC 269Dismissed

The Tamil Nadu Kalyana Mandapam Association, representing mandap‑keepers who let out halls and provide catering, challenged the levy of service tax on their services under Sections 66 and 67 of the Finance Act, 1994 and Rule 2(1)(d)(ix) of the Service Tax Rules, arguing that the tax was in substance …

DAYAL SINGHversusSTATE OF RAJASTHAN

2004 INSC 262Dismissed

Dayal Singh was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 for selling hard‑boiled sugar confectionery that contained mineral oil, which at the time was deemed an unwholesome ingredient and amounted to adulteration. While his appeal was pending, the Rules were …

DAROGA SINGH AND ORS.versusB.K. PANDEY

2004 INSC 263Dismissed

The case arose from an incident on 18 November 1997 in Bhagalpur where police officers, not in uniform and armed with lathis, forcibly entered the courtroom and chambers of Additional District and Sessions Judge D.N. Barai, assaulting him, court staff and lawyers while demanding the unconditional …

M/S. MONGA RICE MILLversusSTATE OF HARYANA AND ANR.

2004 INSC 264Dismissed

Monga Rice Mill, a Haryana-based miller, bought paddy, processed it into rice and sold the rice to an exporter who exported it. The miller claimed exemption from purchase tax on the paddy under Article 286 of the Constitution and Sections 5(3) and 15(ca) of the Central Sales Tax Act, 1956, arguing …

STATE OF UTTAR PRADESHversusDEVENDRA SINGH

2004 INSC 265Appeal(s) allowed

The State of Uttar Pradesh appealed the acquittal of Devendra Singh, who was charged under IPC sections 302, 376 and 201 for the rape and murder of a ten‑year‑old girl. The victim was last seen with the accused in his sugarcane field, and her body was later discovered buried there after the accused …

DR. KARAN SINGHversusSTATE OF JAMMU AND KASHMIR AND ANR.

2004 INSC 266Dismissed

Dr. Karan Singh, son of the former Maharaja of Jammu & Kashmir, claimed that 563 heirloom articles in the state Toshakhana were his private property. After a 1983 representation to the Ministry of Home Affairs was rejected, he filed a writ petition which was partially allowed by the High Court, …

HIRA TIKKOOversusUNION TERRITORY, CHANDIGARH AND ORS.

2004 INSC 267Disposed off

The case concerned the allotment of industrial plots in Chandigarh under the Capital of Punjab (Development and Regulation) Act, 1952 and the 1973 Lease‑Hold Rules. Of 339 shortlisted allottees, 254 could not be given possession because much of the land was declared a reserved forest and fell within …

LAXMAPPA BHIMAPPA HULSGERI BY LRS. AND ORS.versusHANUMAPPA SHETTEPPA KORWAR AND ORS.

2004 INSC 261Appeal(s) allowed

The first respondent filed a suit claiming ownership and possession of a disputed parcel of land, alleging that his father had relinquished his rights and later sold the land to the appellant. The appellant contended that the father had taken loans, created a mortgage, and granted a 60‑year lease, …

TESSTA SETALVAD AND ANR.versusSTATE OF GUJARAT AND ORS.

2004 INSC 255Case Partly allowed

The appellants, human‑rights activists including Teesta Setalvad, challenged certain remarks made by the Gujarat High Court in its judgment on the Best Bakery case, where the court disparaged the activists' credibility without giving them an opportunity to be heard. They sought deletion of those …

ZAHIRA HABIBULLA H SHEIKH AND ANR.versusSTATE OF GUJARAT AND ORS.

2004 INSC 256Leave Granted & Allowed

The case arose from the Best Bakery arson in Vadodara, where fourteen people were killed and the accused were acquitted by the trial court after key eyewitnesses turned hostile, allegedly due to political threats. Zahira Sheikh, an eyewitness, filed affidavits with the NHRC alleging coercion and the …

CANBANK FINANCIAL SERVICESversusCUSTODIAN AND ANR.

2004 INSC 248Appeal(s) allowed

Canbank Financial Services engaged a share broker (Respondent No.2) to sell 10 lakh shares of Reliance Petro Chemicals Ltd. The broker received Rs. 2.90 crores as sale proceeds but failed to remit the amount to the appellant. The broker was later notified under Section 3 of the Special Court (Trial …

BHARAT COKING COAL LTD.versusL.K. AHUJA

2004 INSC 257Disposed off

The dispute arose from contracts for work where the parties had agreed to refer disagreements to arbitration. After a fresh award was made by a newly appointed arbitrator, the appellant sought to set aside the award, challenging several items including sales‑tax refund and loss‑of‑profit claims, and …

MEDICAL COUNCIL OF INDIAversusRAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND ORS.

2004 INSC 249Disposed off

The Medical Council of India (MCI) challenged interim orders issued by the Karnataka High Court that directed the Central Government to include seats of Rajiv Gandhi University of Health Sciences' medical college in the seat matrix despite the college not having its Section 10‑A permission renewed …

RAICHURMATHAM PRABHAKAR AND ANR.versusRAWATMAL DUGAR

2004 INSC 258Dismissed

The landlord sought possession of two shop premises to demolish and reconstruct them under Section 12 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960. After the landlord completed the work, he offered the rebuilt premises back to the tenants at a higher rent, but the …

NARENDRA SINGH AND ANR.versusSTATE OF M.P.

2004 INSC 259Appeal(s) allowed

The appellant Narendra Singh was accused of murdering his wife Bimlabai by throttling her and then setting her body on fire, allegedly to conceal a dowry dispute. The trial court acquitted all accused, but the Madhya Pradesh High Court reversed the acquittal, convicting the husband under Sections …

TEXTILE LABOUR ASSOCIATION AND ANR.versusTHE OFFICIAL LIQUIDATOR AND ANR.

2004 INSC 250Case Allowed

The Official Liquidator of Ambica Mills Ltd., a company under liquidation, sought the court’s permission to sell the company’s immovable assets and to distribute the proceeds, directing that the dues of ONGC Ltd. be paid first. The Textile Labour Association and another workers' union, representing …

DR. (MRS.) GURJEEWAN GAREWALversusDR. (MRS.) SUMITRA DASH AND ORS.

2004 INSC 260Appeal(s) allowed

Dr. Sumitra Dash, an employee of the Post Graduate Institute of Medical Education and Research (PGIMER), was granted a two‑year ex‑India leave on the condition that she would not seek an extension. She failed to rejoin after the leave expired, was deemed to have permanently vacated her post, and …

N.K. PRASADAversusGOVERNMENT OF INDIA AND ORS.

2004 INSC 251Dismissed

The appellant, N.K. Prasada, was respondent No.8 in two writ petitions filed as public interest litigations (PIL) in the Andhra Pradesh High Court alleging malfunctioning of the Commissioner of Central Excise and Customs. The High Court held that the petitions were engineered by the appellant to …

UNION OF INDIA AND ORS.versusM/S. BANWARI LAL AND SONS (P) LTD.

2004 INSC 252Appeal(s) allowed

The Union of India sought to set aside an arbitration award that granted damages to Mis. Banwari Lal & Sons for the use of a commercial property requisitioned under the Requisitioning and Acquisition of Immovable Property Act, 1952. The Act lapsed on 10‑Mar‑1987, after which the Court permitted the …

S.I. PARAS KUMAR AND ORS.versusS.I. RAM CHARAN AND ORS.

2004 INSC 253Disposed off

The Supreme Court examined a batch of appeals challenging out‑of‑turn promotions granted to police personnel in Punjab and Haryana on the basis of bravery in anti‑terrorist operations or outstanding performance in sports. The promotions were effected by circulars and guidelines issued by the …

M/S O.N.G.C. LTD.versusASSN. OF NATURAL GAS CONSUMING INDUSTRIES AND ORS.

2004 INSC 247IA disposed

The Supreme Court examined applications filed by two drug‑manufacturing companies, Sarabhai Common Services and Alembic Chemicals Ltd, challenging the manner in which ONGC Ltd calculated arrears of gas price differentials and claimed interest. The Court found that ONGC had not properly considered …

M. SUBBA REDDY AND ANR.versusA.P. STATE ROAD TRANSPORT CORPORATION ANO ORS.

2004 INSC 254Dismissed

The petitioners, who were temporarily promoted to Assistant Traffic Manager (ATM) positions under the A.P. State Road Transport Corporation's recruitment regulations, challenged their placement below direct recruits in the integrated seniority list of 1994. The core dispute was whether seniority …

MGMT OF M/S DEVI THEATREversusVISHWANATH RAJU

2004 INSC 245Leave Granted & Allowed

The Management of M/s Devi Theatre filed a first appeal under Section 96 of the Code of Civil Procedure against a decree, and the Karnataka High Court admitted the appeal on the condition that the appellant deposit Rs. 75,000 within eight weeks, otherwise dismissing the appeal. The appellant failed …

DALBIR SINGHversusSTATE OF U.P.

2004 INSC 243

Dalbir Singh was tried for the murder of his wife and two daughters and was convicted under Sections 302 and 498A of the IPC, while being acquitted of Section 304B. The High Court upheld the conviction under Section 498A and found that the evidence supported a conviction under Section 306 (abetment …

STATE OF GUJARAT AND ORS.versusAKHIL GUJARAT PRAVASI V.S. MAHAMANDAL AND ORS.

2004 INSC 246

The State of Gujarat amended the Bombay Motor Vehicles Tax Act, 1958 (via Gujarat Act No.9 of 2002) to impose a higher tax on "designated omnibuses" (contract carriages) and to require advance payment with a refund mechanism for non‑use. Bus operators challenged the amendment, alleging violation of …

MARDIA CHEMICALS LTD. ETC. ETC.versusUNION OF INDIA AND ORS. ETC. ETC.

2004 INSC 244Case Partly allowed

The Supreme Court examined the constitutionality of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, enacted to facilitate speedy recovery of non‑performing assets. The Court held that the Act is valid and serves a public‑interest goal of …

VIJAY KUMAR PRASADversusSTATE OF BIHAR AND ORS.

2004 INSC 242Appeal(s) allowed

The father filed a petition under Section 125 of the CrPC for maintenance against his son in the Siwan court. The son, who was practicing and residing in Patna, applied for transfer of the case, arguing that Siwan lacked jurisdiction because the maintenance respondent lived elsewhere. The High Court …

GUBBALA VENUGOPALASWAMY AND ORS.versusSTATE OF ANDHRA PRADESH

2004 INSC 238Disposed off

The appellants were convicted of murder (IPC 302) and related offences (IPC 326, 324) based largely on the testimony of a single eye‑witness (PW‑1) whose evidence was held by the trial and high courts to be not wholly reliable, while two other eye‑witnesses turned hostile. The appellants challenged …

M/S GUPTE CARDIAC CARE CENTRE AND HOSPITALversusOLYMPIC PHARMA CARE PVT. LTD.

2004 INSC 239

The Gupte Cardiac Care Centre & Hospital filed a suit in Nashik seeking recovery of Rs.28.35 lakh after a heart‑lung machine purchased from a German manufacturer and its Indian dealer performed unsatisfactorily. The dealer, Olympic Pharma Care Pvt. Ltd., filed a suit in the Delhi High Court for the …

DEORAJversusSTATE OF MAHARASHTRA AND ORS.

2004 INSC 240Leave Granted & Allowed

The appellant, a director of a Maharashtra cooperative society, was the sole nominee for the post of Chairman. The returning officer refused to declare him elected because the quorum for the special meeting was not met, despite the nomination being in order and unwithdrawn. The appellant filed a …

SUMATIDEVI M. DHANWATAYversusUNION OF INDIA AND ORS.

2004 INSC 241Appeal(s) allowed

The appellant, an elderly woman, was assaulted and had valuables stolen during a mob attack on a railway train. She claimed the Railway administration failed to provide protection, constituting deficiency in service, and filed a complaint before the Maharashtra State Consumer Commission, which …

NATIONAL TEXTILE CORPN. LTD. AND ORS.versusM/S. HARIBOX SWALRAM AND ORS.

2004 INSC 233Appeal(s) allowed

The petitioners had advance contracts with two Bombay textile mills for cloth, but after the mills were taken over by the Central Government under the Textile Undertakings (Taking over of Management) Act, 1983, the custodian claimed the contracts were cancelled and it bore no liability for …

DENTAL COUNCIL OF INDIAversusS.R.M. INSTITUTE OF SCIENCE AND TECHNOLOGY AND ANR.

2004 INSC 234Case Partly allowed

The S.R.M. Institute filed a writ petition seeking to start six new M.D.S. courses without obtaining the essentiality certificate from the Tamil Nadu State Government, arguing that the High Court erred in directing the Government of India to process its incomplete application. The Dental Council of …

HASANBHAI VALIBHAI QUERESHIversusSTATE OF GUJARAT AND ORS.

2004 INSC 235Disposed off

The appellant, Hasanbai Valibhai Qureshi, filed a writ petition alleging that the FIR in a communal clash originally listed offences under Sections 395 and 120‑B IPC, but these were later deleted by the police, enabling the accused to obtain bail. He claimed the investigating agency was biased, …

MAIN PAL AND ANR.versusSTATE OF HARYANA AND ORS.

2004 INSC 236Dismissed

The accused Main Pal and others were charged with murder of Hans Raj and offences under the Arms Act. The prosecution relied on eye‑witnesses PW‑1 (Ram Sarup) and PW‑2 (Devi Lal), who were relatives of the deceased, and on firearms recovered at the behest of the accused. The trial court acquitted, …

NARESH KUMAR AND ANR.versusUNION OF INDIA AND ORS.

2004 INSC 237Disposed off

The petitioners, former Indian Navy officers, were issued Certificates of Service (COS) under the now‑repealed Section 80 of the Merchant Shipping Act, 1958 and later employed in the merchant navy. After India ratified the STCW Convention (1978, amended 1995), the government issued Merchant Shipping …

THE PRINTERS (MYSORE) LTD.versusM.A. RASHEED AND ORS.

2004 INSC 227Appeal(s) allowed

The Supreme Court examined whether the Bangalore Development Authority (BDA) could lawfully sell a 1‑acre‑20‑guntas plot to Printers (Mysore) Ltd. for setting up a printing industry. The Court held that Section 38 of the BDA Act confers unrestricted power to lease, sell or transfer property unless …

BHARAT PETROLEUM CORPORATION LTD.versusP. KESAVAN AND ANR.

2004 INSC 228Appeal(s) allowed

Bharat Petroleum Corporation Ltd. (BPC) sought renewal of a lease originally granted to Burmah Shell in 1967, which contained a renewal clause. The Burmah Shell (Acquisition of Undertakings) Act, 1976 transferred Burmah Shell's rights to the Central Government and subsequently to BPC, creating a …

CHATTISGARH RURAL AGRICULTURE EXTENSION OFFICERSversusSTATE OF M.P. AND ORS.

2004 INSC 229Dismissed

The Chhattisgarh Rural Agriculture Extension Officers Association, originally appointed as matriculate Village Level Workers, were transferred to the Agriculture Department and redesignated as Rural Agriculture Extension Officers. The State of Madhya Pradesh, invoking a policy that only graduates …

CHANDRIKA PRASAD YADAVversusSTATE OF BIHAR AND ORS.

2004 INSC 230Dismissed

The dispute arose from the election of Mukhiya of a Gram Panchayat in Bihar where the appellant, after allegedly filing an application for recount with the Returning Officer that was ignored, sought a recount through an election petition. The Munsif ordered a recount, which resulted in the appellant …

RESERVE BANK OF INDIA AND ANR.versusC.L. TOORA AND ORS.

2004 INSC 231Case Partly allowed

The case concerned an Assistant Currency Officer (Grade‑C) of the Reserve Bank of India who was charge‑sheeted under Regulation 32 of the RBI (Staff) Regulations, 1948 for allegedly refusing to perform the duties of a Grade‑B officer, and who also failed to obtain the qualifying marks for promotion …

MILK FOOD LTD.versusM/S. GMC ICE CREAM (P) LTD.

2004 INSC 232

Milk Food Ltd. entered into a contract with GMC Ice Cream (P) Ltd. containing an arbitration clause that referred disputes to arbitration under the Arbitration Act, 1940 or any statutory modification. A suit for injunction was filed, and Milk Food obtained a stay under Section 34 of the 1940 Act. …

MADAN SINGHversusSTATE OF BIHAR

2004 INSC 223Dismissed

The case concerns an appeal by Madan Singh and others against their conviction for murder, attempted murder, assault, robbery and offences under the Arms Act and the Terrorist and Disruptive Activities (Prevention) Act (TADA). The police raided a house where about 20‑25 persons were assembled; a …

DR. PRODIP KUMAR BISWASversusSUBRATA DAS AND ORS.

2004 INSC 224Disposed off

Dr. Prodip Kumar Biswas, who runs alternative‑medicine institutions, advertised that his institutions were approved by the Calcutta High Court. A writ petition led the High Court to restrain him from using the Court’s name and to hold him guilty of criminal contempt, imposing a Rs 2,000 fine (order …

STATE OF PUNJAB AND ORS.versusBHUPINDER SINGH AND ORS.

2004 INSC 222Appeal(s) allowed

The respondents, who were employed as assistants and later promoted to supervisors in the Printing and Stationery Department, claimed that the revised pay scales recommended by the Punjab Pay Commission should be applied retrospectively from 1 January 1986, the date of the Commission's report, and …

COMMISSIONER, JALANDHAR DIVISION AND ORS.versusMOHAN KRISHAN ABROL AND ANR.

2004 INSC 225

The Supreme Court examined a dispute over a bungalow bequeathed by Smt. Chanan Kaur to the Randhir Jagjit Hospital. The State Government, as successor to the Hospital, sought eviction of Mohan Krishan Abrol, who claimed he was a tenant under a ten‑year lease and that the Hospital was only a …

SANJAY KUMAR PANDEY AND ORS.versusGULBAHAR SHEIKH AND ORS.

2004 INSC 226Leave Granted & Allowed

The appellants filed a suit under Section 6 of the Specific Relief Act, 1963 seeking recovery of possession of immovable property from which they claimed to have been dispossessed. The trial court decreed in their favour, but the respondents filed a revision under Section 115 of the Code of Civil …

P. VARADARAJULUversusAGRICULTURAL PRODUCE MARKET COMMITTEE

2004 INSC 220Leave Granted & Allowed

The appellant, P. Varadarajulu, sued the Agricultural Produce Market Committee for renewal of his licence and allotment of a vacant site in the market yard as specified in the decree. The decree ordered the committee to allot the site between plot numbers 10‑C and 11/2, but the committee contended …

JAIPAL SINGHversusSMT. SUMITRA MAHAJAN AND ANR.

2004 INSC 221Dismissed

Jaipal Singh, an IAS officer, applied for voluntary retirement on 13 March 2002 and requested a waiver of the three‑month notice period required under the All India Services (Death‑cum‑Retirement Benefits) Rules, 1958. He filed nomination papers for the Rajya Sabha election from Haryana, but the …

STATE OF KARNATAKAversusDR. PRAVEEN BHAI THOGADIA

2004 INSC 218Disposed off

The Additional District Magistrate (ADM) of Dakshina Kannada issued an order under Section 144 of the Criminal Procedure Code restraining Dr. P.B. Thogadia from entering the district for 15 days, fearing his inflammatory speeches would reignite communal tensions. Dr. Thogadia challenged the order, …

STATE OF ANDHRA PRADESHversusC. UMA MAHESWARA RAO AND ANR.

2004 INSC 219Appeal(s) allowed

The State of Andhra Pradesh appealed the acquittal of two public servants who were members of a tender opening committee and were alleged to have demanded and accepted Rs 5,000 each as gratification for clearing a tender file. The complainant lodged a police complaint and was caught in a trap; the …

STATE OF M.P.versusS.P. SALES AGENCIES AND ORS.

2004 INSC 217Dismissed

The State of Madhya Pradesh seized stocks of kattha and cutch from S.P. Sales Agencies for moving them without a transit pass under the Madhya Pradesh Transit (Forest Produce) Rules, 1961, and initiated confiscation proceedings under Section 52 of the Indian Forest Act, 1927. The High Court quashed …

SMT. SHAILversusSHRI MANOJ KUMAR AND ORS.

2004 INSC 216Disposed off

The petitioner, Smt. Shail, was a victim of offences under Sections 376 and 328 of the IPC by the respondent, Manoj Kumar, who later married her to avoid conviction but subsequently deserted her. She filed a maintenance application under Section 125 of the CrPC before the Family Court, which was …

MIR MOHAMMAD KHASIMversusUNION OF INDIA AND ORS.

2004 INSC 214Appeal(s) allowed

M.M. Khashim, promoted to Deputy Superintendent of Police (Category‑2) in Andhra Pradesh, was placed on probation and passed the required departmental test in 1986. An order dated 6 Oct 1989, issued by the State Government, declared that he had satisfactorily completed his probation as of 27 Jan …

L.I.C. OF INDIAversusANURADHA

2004 INSC 215Appeal(s) allowed

The wife of a missing insured, Anuradha, claimed the death benefit under a life insurance policy after her husband disappeared and remained unheard of for more than seven years, invoking Section 108 of the Evidence Act. The insurer, LIC, rejected the claim on the ground that the policy had lapsed …

SPECIAL REFERENCE NO. 1 OF 2001versus-

2004 INSC 209Dismissed

The President referred three questions to the Supreme Court under Article 143(1) concerning whether natural gas (including LNG) falls under the Union List (Entry 53, List I), whether States can legislate on it under Entry 25, List II, and whether Gujarat's Gas (Regulation of Transmission, Supply and …

STATE OF MADHYA PRADESHversusSANJAY RAI

2004 INSC 210Dismissed

The State of Madhya Pradesh charged Sanjay Rai and his parents with offences under Sections 302, 3048 and 201 IPC for the death of Rai's wife, Anita Bai. The trial court convicted Rai under Section 3048, relying heavily on textbook opinions on medical jurisprudence to infer strangulation. On appeal, …

M/S. SOUTHERN ISPAT LTD.versusSTATE OF KERALA AND ORS.

2004 INSC 211Dismissed

The State of Kerala announced a policy exempting industrial units from enhanced power tariff if they began commercial production between 1 January 1992 and 31 December 1996. Southern Ispat Ltd. applied for power allocation, faced delays, installed a 125 kVA diesel generator and claimed it had …

SHIPPING CORPORATION OF INDIA LTD.versusMACHADO BROTHERS AND ORS.

2004 INSC 212Leave Granted & Allowed

Shipping Corporation of India terminated an agency agreement with Machado Brothers in 1995; the latter sued for a declaration that the termination was illegal and obtained an interim injunction. In 2001 the corporation issued a second termination notice, prompting the respondent to file another …

STATE OF ORISSA THROUGH KUMAR RAGHVENDRA SINGH AND ORS.versusGANESH CHANDRA JEW

2004 INSC 206Appeal(s) allowed

The State of Orissa, represented by forest officials, appealed against a complaint filed by G.C. Jew alleging assault, illegal seizure of ivory and other offences under the IPC, the Orissa Forest Act and the Wildlife Protection Act. The respondents claimed the officials acted without legal …

RAM DASSversusDAVINDER

2004 INSC 207Appeal(s) allowed

The landlord, Ram Dass, filed an eviction suit against his tenant, Davinder, under Section 13(2)(v) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, alleging the tenant had ceased to occupy the shop for four months without reasonable cause. The Rent Controller decreed in favour of the …

COMMISSIONER OF CENTRAL EXCISE, JAIPURversusM/S. HINDUSTAN ZINC LTD.

2004 INSC 208Appeal(s) allowed

The respondents, Hindustan Zinc Ltd., manufacture zinc by electrolysis using lead and aluminium sheets fitted with headers to form anodes and cathodes. The Revenue issued show‑cause notices for excise duty and penalty, asserting that the fitted sheets constitute a new product—electrodes—liable to …

STATE OF U.P. AND ORS.versusGOBARDHAN LAL

2004 INSC 200Appeal(s) allowed

The State of Uttar Pradesh appealed against a Allahabad High Court order that directed a government employee, Gobardhan Lal, to make a representation to the Chief Secretary regarding his transfer and also issued sweeping directions on transfers and promotions of government servants. The employee had …

MOLY AND ANR.versusSTATE OF KERALA

2004 INSC 201Disposed off

The appellants were convicted under Sections 3(1)(iii), 3(1)(v) and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. They appealed, contending that the Special Court – a Court of Session designated under the Act – could not take cognizance of the offence suo …

GAON SABHA AND ANR.versusNATHI AND ORS.

2004 INSC 197Appeal(s) allowed

The Supreme Court examined a dispute over compensation for land acquired under the Land Acquisition Act, where the land was recorded as Gair Mumkin Pahar. The appellants, Gaon Sabha, argued that the land vested in the Gaon Sabha under the Delhi Land Reforms Act and that the private respondents were …

BAJARANGLAL SHIVCHANDRAI RUIAversusSHASHIKANT N. RUIA AND ORS.

2004 INSC 198Appeal(s) allowed

The Supreme Court allowed the appeal of Bajranglal (appellant) against a Bombay High Court Division Bench judgment that had set aside a Single Judge’s finding that the plaintiff’s title to a property was void. The appellant argued that the Division Bench erred in holding that the auction sale …

P.S. PAREED KAKA AND ORS.versusSHAFEE AHMED SAHEB

2004 INSC 202Dismissed

The landlord filed eviction petitions under Sections 21(h) and 21(j) of the Karnataka Rent Control Act, 1961, seeking possession of premises for his own residence and for demolition and reconstruction. The trial court dismissed the petitions, finding the landlord had not proved the building was …

A.P. GAS POWER CORPN. LTD.versusA.P. STATE REGULATORY COMMISSION AND ANR.

2004 INSC 203Case Partly allowed

The Supreme Court examined whether A.P. Gas Power Corporation Ltd (APGPCL), a privately‑participated captive power plant, needed a licence to supply electricity to its shareholders, their sister concerns and companies that acquired its shares. APGPCL argued that the power generated was for captive …

KIRAN TANDONversusALLAHABAD DEVELOPMENT AUTHORITY AND ANR.

2004 INSC 199

The Allahabad Development Authority acquired land that had been leased by the State Government to Ravindra Kumar Tandon (later Kiran Tandon). The lease expired on 8 June 1987, but the Authority took possession on 16 June 1987. The claimant sought full compensation, while the Authority and the State …

JAYARAMDAS AND SONSversusMIRZA RAFATULLAH BAIG AND ORS.

2004 INSC 204Leave Granted & Allowed

Jayaramdas & Sons filed a suit for a permanent preventive injunction against Mirza Rafatullah Baig and others, which was dismissed by the trial court. The appellants sought to introduce additional certified copies of public records in the first appellate court under Order 41 Rule 27 of the CPC, but …

UNION OF INDIA AND ORS.versusGURNAM SINGH

2004 INSC 205Leave Granted & Disposed off

The Supreme Court examined whether the General Court‑Martial of Major Gurnam Singh was convened in violation of Rule 37(1) and 37(3) of the Army Rules, 1954. The respondent argued that the officer who convened the court‑martial had not personally satisfied himself that the charges were offences …

STATE OF MAHARASHTRA AND ORS.versusSHRI RAMCHANDRA RAMMILAN MISHRA @ PANDEY

2004 INSC 192Case Partly allowed

The Commissioner of Police, Mumbai detained Shri Ramchandra Rammi​lan Mishra @ Pandey under Section 3(2) of the Maharashtra Prevention of Dangerous Activities (Bootleggers) Slumlords and Drug Offenders Act, 1981 to prevent activities prejudicial to public order. The detenu challenged the detention, …

ASHIRWAD ENTERPRISES AND ORS.versusSTATE OF BIHAR AND ANR.

2004 INSC 193Appeal(s) allowed

The Revenue initiated prosecution under Section 276C of the Income Tax Act, 1961 for alleged concealment of income for AY 1988‑89. The assessees filed a petition under Section 482 Cr.P.C. seeking quash of the prosecution, contending that applications for settlement under Section 245C were pending …

C.M. BEENA AND ANR.versusP.N. RAMACHANDRA RAO

2004 INSC 194Appeal(s) allowed

The respondent (landlord) sued the appellants (father and son) for mandatory injunction to vacate a shop premises, alleging that a deed of licence executed in 1981 had terminated. The trial court and first appellate court found the appellants to be tenants, but the High Court reversed, treating the …

M/S. BHARAT COKING COAL LTD.versusNEW GOVINDPUR COAL CO. PVT. LTD.

2004 INSC 195Dismissed

Mis. Bharat Coking Coal Ltd. (BCCL), a Central Government company appointed as custodian of coking coal mines, claimed recovery of excess payments made to New Govindpur Coal Co. for the management period (17 Oct 1971 to 30 Apr 1972) under Section 25 of the Coking Coal Mines (Nationalisation) Act, …

M.P. VIDYUT KARAMCHARI SANGHversusM.P. ELECTRICITY BOARD

2004 INSC 183Dismissed

The case concerned a dispute over the retirement age of employees of the Madhya Pradesh Electricity Board. The Board, under Section 79(c) of the Electricity (Supply) Act, 1948, reduced the retirement age to 58 years by a notification dated 26‑December‑2000, overturning an earlier agreement (dated …

M.C. MEHTAversusUNION OF INDIA AND ORS.

2004 INSC 188Disposed off

The Supreme Court examined whether mining activities within a 5 km radius of the Delhi‑Haryana border and in the Aravalli hills cause environmental degradation and whether the earlier order of 6 May 2002 banning such mining should be varied. It held that the ban remains in force until a newly …

DEEPAL GIRISHBHAI SONI AND ORS.versusUNITED INDIA ASSURANCE CO. LTD., BARODA

2004 INSC 184Dismissed

The appellants, children of deceased victims, filed parallel claims under Section 163-A (structured no‑fault compensation) and Section 166 (fault‑based compensation) of the Motor Vehicles Act, 1988. The High Court treated the Section 163‑A award as interim and allowed the claimants to retain the …

STATE OF PUNJAB AND ORS.versusSAVINDERJIT KAUR

2004 INSC 185Dismissed

The respondent, a sewing teacher appointed in 1981, claimed that she should receive the same revised pay scale as Classical and Vernacular teachers. Her representation was rejected, and the Punjab and Haryana High Court allowed her writ petition, granting the higher scale. The State appealed, …

RANJEET SINGHversusRAVI PRAKASH

2004 INSC 189Leave Granted & Allowed

The landlord, Ranjeet Singh, sought eviction of his tenant, Ravi Prakash, on the grounds of bonafide requirement for his own fertilizer business and the need to reconstruct the dilapidated shop after a municipal demolition notice. The trial court dismissed the suit, but the appellate court allowed …

VISHWANT KUMARversusMADAN LAL SHARMA AND ANR.

2004 INSC 186Dismissed

The appellant, a tenant, entered into a lease for a shop at Rs 5,000 per month in 1976 and in 1978 applied to the Rent Controller for fixation of a standard rent of Rs 1,350 under Section 9 of the Delhi Rent Control Act, 1958. While the application was pending, the 1988 amendment inserted Section …

COMMISSIONER OF CENTRAL EXCISE, MUMBAI-IIversusM/S ALLIED PHOTOGRAHICS INDIA LTD.

2004 INSC 187Appeal(s) allowed

The Commissioner of Central Excise appealed against the refund granted to Mis Allied Photographies India Ltd (the sole distributor of New India Industries Ltd) for excise duty paid by the manufacturer under protest. The Court examined whether duty paid under protest falls under Section 11B of the …

NARCOTICS CONTROL BUREAUversusDILIP PRALHAD NAMADE

2004 INSC 190Leave Granted & Allowed

The Narcotics Control Bureau (NCB) appealed a Bombay High Court order that granted bail to D.P. Namade, who was charged under the NDPS Act for manufacturing and supplying Mandrax tablets. The High Court had granted bail on the ground that the Special Judge's order to provide copies of seized …

STATE OF ANDHRA PRADESHversusRAJ GOPAL ASAWA AND ANR.

2004 INSC 179Case Partly allowed

The Supreme Court examined the suicide of a young woman within months of her marriage, for which her brother‑in‑law (A‑1) and mother‑in‑law (A‑2) were convicted under Sections 304‑B IPC and 498‑A IPC for demanding dowry. The State appealed the High Court’s acquittal of the accused, arguing that a …

A.S. KRISHNAN AND ANR.versusSTATE OF KERALA

2004 INSC 180Dismissed

The appellants, a doctor and his son, conspired with an assistant registrar to forge pre‑degree mark sheets to obtain medical college admission. The forged mark list was used knowingly, as evidenced by inconsistencies in marks, the date of the document, and the appellants' request for re‑valuation. …

M/S. S.J.S. BUSINESS ENTERPRISES (P) LTD.versusSTATE OF BIHAR AND ORS.

2004 INSC 181Leave Granted & Allowed

The appellant, S.J.S. Business Enterprises Ltd., had obtained a loan from Bihar State Credit and Investment Corporation Ltd. (BICICO) for a hotel project but defaulted, prompting BICICO to invoke Section 29 of the State Financial Corporations Act, 1951 to sell the hotel. After a series of …

GHAZIABAD DEVELOPMENT AUTHORITYversusBALBIR SINGH

2004 INSC 182

The Supreme Court examined a batch of appeals arising from orders of the National Consumer Disputes Redressal Commission (NCDRC) that uniformly awarded interest at 18% per annum in cases of deficiency of service by development authorities. The Court held that the Consumer Protection Act, 1986 has a …

HARDESH ORES PVT. LTD.versusTIMBLO MINERALS PVT. LTD.,AND ORS.

2004 INSC 175Case Partly allowed

The dispute concerned the exclusive right to operate an iron‑ore mine. Hardesh Ores (the old contractor) claimed that its contract with the mining‑lease owner had been renewed by the parties' conduct, while Timbolo Minerals (the new contractors) asserted that the owner had refused renewal and …

STATE OF TAMIL NADU AND ANR.versusS.V. BRATHEEP (MINOR) AND ORS.

2004 INSC 171

The State of Tamil Nadu issued government orders fixing higher minimum percentage marks for admission to engineering colleges than those prescribed by the AICTE. Several students challenged the orders, and the Madras High Court struck them down, holding they conflicted with AICTE norms. On appeal, …

THIAGARAJAN AND ORS.versusSRI VENUGOPALASWAMY B. KOIL AND ORS.

2004 INSC 176Appeal(s) allowed

The appellants filed a suit for declaration of title and permanent injunction over ancestral A and B Schedule properties, claiming inheritance rights. The trial court dismissed the suit, but the first appellate court allowed it, finding the appellants entitled to the properties. The respondents …

SHRI BHAGWAN LAL ARYAversusCOMMISSIONER OF POLICE, DELHI AND ORS.

2004 INSC 173Leave Granted & Allowed

The appellant, a constable in the Delhi Police, fell ill during training and, on medical advice, went to his hometown for treatment, submitting leave applications supported by medical certificates. The competent authority later sanctioned leave without pay for the period of his illness, but the …

NARAYANANversusKUMARAN AND ORS.

2004 INSC 174Dismissed

The appellant Narayanan (vendee) purchased a disputed parcel of land that the owner Kunjan had retained despite executing a settlement deed for his daughters. The first respondent Kumaran, a close relative, fraudulently altered the deed's schedule to claim title over the disputed parcel and sued for …

AHMEDABAD ELECTRICITY CO. LTD.versusGUJARAT INNS. PVT. LTD. AND ORS.

2004 INSC 172Dismissed

The respondents, who purchased urban properties at auction under Section 29 of the State Financial Corporations Act, 1951 and under the Official Liquidator in winding‑up proceedings under the Companies Act, 1956, sought fresh electricity connections for those premises. The appellant, Gujarat …

STATE OF PUNJABversusBALKAR SINGH AND ANR.

2004 INSC 177Dismissed

The State of Punjab prosecuted Balkar Singh and Munish Chand under Section 15 of the NDPS Act for alleged conscious possession of 100 bags of poppy husk recovered from a field. The police had found the accused sitting on the bags and seized the material, but no further investigation was made to …

BALA SEETHARAMAIAHversusPERIKE S. RAO AND ORS.

2004 INSC 178Disposed off

The Sessions Court tried six accused for the murder of Vemulapalli Buddah Prasad, framing charges under Sections 148, 302 and 324 IPC. The High Court set aside the convictions under Section 302, substituting them with convictions under Section 304 Part I for one accused and Section 326 for the …

ESHER SINGHversusSTATE OF ANDHRA PRADESH

2004 INSC 170Dismissed

The case involved Esher Singh and others who were accused of giving provocative speeches to promote a Khalistan movement and of conspiring to murder Joga Singh, the owner of several Sikh educational institutions. The Designated Court convicted Esher Singh under Section 4 of the Terrorist and …

DANI SINGH AND ORS.versusSTATE OF BIHAR

2004 INSC 167Dismissed

The appellants were convicted for the murder of two villagers after a violent mob attacked them with bombs and sharp weapons, subsequently burning the bodies. The prosecution alleged that the accused formed an unlawful assembly of five or more persons with a common object to kill the victims, and …

R.L. JAIN (D) BY LRS.versusDDA AND ORS.

2004 INSC 166Dismissed

The case concerned a plot of land that the original owner, R.L. Jain, bought at a public auction on the basis that it lay outside a 1959 preliminary acquisition notification. The government later took possession of the plot in 1961 and awarded compensation, which Jain accepted under protest. He …

MOHAN LAL AGGARWALversusATINDER MOHAN KHOSLA

2004 INSC 168Appeal(s) allowed

The landlord filed an eviction suit against the tenant, which was upheld by the Rent Controller and affirmed by the appellate authority. The landlord then sought revision under Section 15(5) of the East Punjab Rent Restriction Act, 1949, but a single High Court judge dismissed the revision. The …

MOOL SHANKAR SINGHversusREGIONAL MANAGER, P.N.B. AND ANR.

2004 INSC 169Appeal(s) allowed

Mool Shankar Singh, an employee, claimed entitlement to a higher special allowance and made a representation which was rejected. He approached the High Court via a writ petition under Article 226, where the Court only directed that a representation be made and did not consider the grievance on its …

COMMISSIONER OF POLICE AND ORS.versusACHARYA JAGADISHWARANANDA AVADHUTA AND ANR.

2004 INSC 158Appeal(s) allowed

The Supreme Court examined whether the Ananda Marga sect's performance of the Tandava dance in public processions is an essential or integral part of its religion protected by Articles 25 and 26 of the Constitution. The sect, founded in 1955, introduced the dance in 1966 and later prescribed it in …

DR. B. SINGHversusUNION OF INDIA AND ORS.

2004 INSC 160Dismissed

Dr. B. Singh filed a petition under Article 32 of the Constitution challenging the appointment of a High Court judge on the basis of newspaper clippings and an affidavit that did not disclose the source of the allegations. The petitioner offered no personal knowledge, did not investigate the truth …

IPCA LABORATORY LTD.versusDEPUTY COMMISSIONER OF INCOME TAX, MUMBAI

2004 INSC 161Dismissed

IPCA Laboratory Ltd., an export house, exported self‑manufactured goods (earning a profit of Rs 3.78 crore) and trading goods (incurring a loss of Rs 6.86 crore). It claimed a deduction under Section 80HHC of the Income Tax Act for the profit, having issued disclaimer certificates to supporting …

CUSTOMS, NEW DELHIversusAHMADALIEVA NODIRA

2004 INSC 159Appeal(s) allowed

Customs detained an Uzbek national who was found carrying a large quantity of Diazepam tablets and she admitted the possession in a statement under Section 67 of the NDPS Act. The Special Court denied bail, but the Delhi High Court granted bail, holding that the prosecution had not produced material …

EXPRESS PUBLICATIONS (MADURAI) LTD. AND ANR.versusUNION OF INDIA AND ANR.

2004 INSC 162Dismissed

The petitioners, Express Publications (Madurai) Ltd. and another, challenged the constitutionality of Paragraph 80(2) of the Employees' Provident Fund Scheme, 1952, which exempts newspaper employees from the income‑ceiling test for PF benefits. They argued that the provision arbitrarily singled out …

MADHAV M. BHOKARIKARversusGANESH M. BHOKARIKAR (DEAD) THROUGH LRS.

2004 INSC 163Dismissed

Madhav Mareshwar Bhokarikar, a practising advocate, obtained a dealership for petroleum products and later entered into a partnership with his brother, remaining a sleeping partner. The State Bar Council, after finding him guilty of professional misconduct under s.35(3)(c) of the Advocates Act, …

UCO BANK AND ORS.versusSANWAR MAL

2004 INSC 164Appeal(s) allowed

Sanwar Mal, a former Class‑IV employee of UCO Bank who resigned in 1988, sought to join the bank's Employees' Pension Scheme introduced in 1995 under a 1993 settlement. The bank refused, invoking Regulation 22 which disqualifies any employee who has resigned, been dismissed or removed from pension …

PIEDADE FILOMENA GONSALVESversusSTATE OF GOA AND ORS.

2004 INSC 165Dismissed

The appellant, Pied Ade Filomena Gonsalves, replaced a thatched-roof beach structure with a pucca building on her property in Colva, Goa, between 13-17 July 1994. Two writ petitions were filed: a neighbor’s petition (CWP 76/1995) seeking demolition of the new building, and the appellant’s petition …

DIRECTORATE OF EDUCATION AND ORS.versusEDUCOMP DATAMATICS LTD. AND ORS.

2004 INSC 152Appeal(s) allowed

The Directorate of Education, Delhi, invited tenders to set up computer labs in government schools. After earlier tenders with low turnover thresholds failed, it imposed a Rs 20 crore turnover requirement for the 2002‑03 tender, citing the large scale of the project (over Rs 100 crores) and the need …

CHARAN SINGH AND ORS.versusSTATE OF UTTAR PRADESH

2004 INSC 153Disposed off

The case arose from a violent clash over a disputed passage construction in Uttar Pradesh, resulting in three deaths and several injuries. Twenty‑four persons were charged; the trial court convicted seven under Sections 302 and 307 read with Section 149 IPC, while the High Court affirmed those …

DHANAJ SINGH @ SHERA AND ORS.versusSTATE OF PUNJAB

2004 INSC 154Dismissed

The appellants, Dhanaj Singh @ Shera and others, were convicted for murder under Section 302 read with Section 34 of the IPC. They contended that the police investigation was defective – forensic samples were not sent for chemical or ballistic analysis and several potential witnesses were not …

KOPPULA VENKAT RAOversusSTATE OF ANDHRA PRADESH

2004 INSC 155Appeal(s) allowed

The appellant, Koppula Venkat Rao, was convicted of rape for allegedly forcing a teenage girl into a cattle shed, dragging her onto his bicycle, and ejaculating before any penetration occurred. The trial court and High Court upheld the conviction under Section 376 IPC, treating ejaculation as the …

MUKAND LTD.versusMUKAND STAFF AND OFFICERS ASSOCIATION

2004 INSC 156

Mukand Ltd. entered into several settlements with the Mukand Staff and Officers' Association, asserting that many of its employees were not "workmen" under the Industrial Disputes Act, 1947. A dispute was referred to an Industrial Tribunal, which awarded wage increases and other benefits to both …

UNION OF INDIAversusKARAM CHAND THAPAR AND BRS. (COAL SALES) LTD. AND ORS.

2004 INSC 157Dismissed

The Union of India, as successor to the Coal Board, was statutorily obligated under Section 9 of the Coal Mines (Conservation and Development) Act, 1974 to provide stowing assistance to the coal company, while the coal company owed royalty for sand extracted for stowing under a mining lease. The …

GOPAL SARDARversusKARUNA SARDAR

2004 INSC 144

The Supreme Court examined two civil appeals concerning applications under Section 8 of the West Bengal Land Reforms Act, 1955 for enforcement of a statutory right of pre‑emption. The respondents claimed that the applications were barred by limitation, while the appellants argued that Section 5 of …

JAGDISH RAMversusSTATE OF RAJASTHAN AND ANR.

2004 INSC 145Dismissed

Jagdish Ram, a District Ayurvedic Officer, was charged under Section 7 of the Protection of Civil Rights Act, 1955 for allegedly practicing untouchability. The police investigation concluded the complaint was false, but the magistrate, after a second complaint, took cognizance and issued process. …

KUNHIABDULLA AND ANR.versusSTATE OF KERALA

2004 INSC 146Disposed off

The deceased woman, Sherifa, married in 1989, allegedly faced mental and physical harassment from her husband for not receiving the full dowry of Rs.35,000. On 29 August 1991 she jumped into an uncovered well, resulting in her death, which the prosecution claimed was a suicide linked to dowry …

VASANT VITHU JADHAVversusSTATE OF MAHARASHTRA

2004 INSC 147Dismissed

Vasant Vithu Jadhav, a police constable, fired a rifle at his colleague Vilas from a distance of 6-8 feet while the victim slept, causing only simple hurt as the bullet fragmented. He was convicted by the High Court under Section 307 of the Indian Penal Code for attempted murder and sentenced to ten …

SHANKAR NARAYAN BHADOLKARversusSTATE OF MAHARASHTRA

2004 INSC 148Case Partly allowed

Shankar Narayan Bhadolkar invited the deceased to a dinner and, after the meal, shot him at close range with a loaded gun, causing instantaneous death. The appellant then wrapped the body in a gunny bag and disposed of it in a well. He pleaded that the killing was accidental, invoking Section 80 …

M/S. PEICO ELECTRONICS AND ELECTRICALS AND ANR.versusUNION OF INDIA AND ANR.

2004 INSC 149Disposed off

The appellant, Mis. Peico Electronics, terminated the dealership of its second dealer (R‑2) under Clause 29 of a standard form agreement. R‑2 complained before the MRTP Commission alleging several restrictive trade practices, including territorial allocation, discrimination, and a clause (Clause 7) …

OM PRAKASH AND ORS.versusSTATE OF U.P. AND ORS.

2004 INSC 150Dismissed

The Municipal Board of Rishikesh amended its bye‑law to prohibit the sale of eggs within the municipal limits, adding "eggs" to an existing ban on meat and fish. The appellants challenged the amendment, arguing that the board lacked authority because "eggs" were not listed in Section 298(2) List I …

VASANTIBEN PRAHLADJI NAYAK AND ORS.versusSOMNATH JUIJIBHAI NAYAK AND ORS.

2004 INSC 151Dismissed

The appellants, Vasantiben Prahladji Nayak and others, sued the respondents, S.J. Nayak and others, for declaration of title, possession and injunction over ancestral land. The respondents claimed ownership by adverse possession, arguing the suit was barred by limitation. The lower courts held in …

STATE OF U.PversusABHAI RAJ SINGH AND ANR.

2004 INSC 142Disposed off

The accused were convicted of murder under Section 302 read with Section 34 of the IPC. The trial court records were destroyed in a fire, and the High Court, after a long delay, concluded that reconstruction was impossible and ordered the acquittal of the accused. The Supreme Court held that the …

HARI MOHAN MANDALversusSTATE OF JHARKHAND

2004 INSC 143Dismissed

Hari Mohan Mandal was convicted of offences under Sections 302 and 307 of the Indian Penal Code for a violent altercation that resulted in the death of Narayan Mandal and injuries to other witnesses. The appellant challenged the reliability of eyewitness testimony, argued that the injuries he …

COMMISSIONER OF CENTRAL EXCISE, LUCKNOW, U.P.versusM/S. CHHATA SUGAR CO. LTD.

2004 INSC 141Dismissed

The Supreme Court examined whether administrative charges collected by a sugar factory under the Uttar Pradesh Sheera Niyantran Adhiniyam, 1964 are "other taxes" under section 4(4)(d)(ii) of the Central Excise Act, 1944 and therefore excluded from the assessable value of molasses. The Court held …

SAJAN ABRAHAMversusSTATE OF KERALA

2004 INSC 133Appeal(s) allowed

The appellant, Sajan Abraham, was found in possession of 25 ampoules of the psychotropic drug Buprenorphine Hydrochloride (Tidigesic) and three syringes, and was charged under Section 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The trial court acquitted him, but the Kerala …

LELLA SRINIVASA RAOversusSTATE OF ANDHRA PRADESH

2004 INSC 134Appeal(s) allowed

The deceased Bhavani and her infant daughter set themselves on fire and died. The prosecution alleged that the husband, Lella Srinivas Rao, and his mother had subjected Bhavani to cruelty and harassment, driving her to suicide, and charged them under IPC sections 498‑A and 306. Two dying …

M.A. KUTTAPPANversusE. KRLSHNAN NAYANAR AND ANR.

2004 INSC 135Dismissed

The appellant, a Scheduled Caste MLA, lodged a complaint before the Special Judge (constituted under the SC/ST (Prevention of Atrocities) Act) alleging that the Chief Minister made public derogatory remarks that encouraged untouchability. The Special Judge found an offence under Section 3(1)(x) of …

HANS RAJversusSTATE OF HARYANA

2004 INSC 136Case Partly allowed

Hans Raj was convicted under Section 306 IPC for abetting the suicide of his wife, Jeeto Rani, and also under Section 498A IPC for cruelty. The prosecution’s case relied on the presumption in Section 113-A of the Evidence Act, asserting that the wife’s suicide within seven years of marriage and …

MR. PRAMOD MALHOTRA AND ORS.versusUNION OF INDIA AND ORS.

2004 INSC 137Dismissed

Sikkim Banking Limited (SBL) applied for a banking licence under the Banking Regulation Act, 1987 but the RBI neither granted a licence nor prohibited it from operating, later allowing SBL to open a Delhi branch. Depositors placed funds in that branch, after which SBL suffered massive losses and …

SECUR INDUSTRIES LTD.versusM/S. GODREJ AND BOYCE MFG. CO. LTD. AND ANR.

2004 INSC 138Appeal(s) allowed

Secur Industries Ltd filed a claim petition under Section 6 of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993, referring the dispute to the Uttar Pradesh Industry Facilitation Council. The respondent filed a suit in a civil court seeking a declaration …

COLLECTOR OF CENTRAL EXCISE, PATNAversusM/S. TATA IRON AND STEEL CO. LTD.

2004 INSC 131Dismissed

The respondents, manufacturers of steel sheets, generate zinc dross and flux skimming as waste during the galvanisation process. The Revenue treated these residues as marketable commodities, issuing show‑cause notices for excise duty and penalty. The assessees argued that the residues are merely …

BARELLLY DEVELOPMENT AUTHORITYversusVRINDA GUJARATI AND ORS.

2004 INSC 132Appeal(s) allowed

The Bareilly Development Authority (BDA) ran a self‑financing housing scheme in which the brochure stated only an estimated cost of flats, with final costing to be determined later. After construction was altered from four storeys to two, the BDA raised the price of the flats based on actual …

MANIK LAL MAJUMDAR AND ORS.versusGOURANGA CHANDRA DEY AND ORS.

2004 INSC 139Matter referred to larger bench

The tenants (appellants) were ordered by the Rent Control Court to vacate premises for default in rent payment. They appealed under Section 20 of the Tripura Buildings (Lease and Rent Control) Act, 1975, but had not deposited the arrears of rent required by Section 13(1). The lower courts held the …

BHARATI VIDYAPEETH (DEEMED UNIVERSITY) AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

2004 INSC 140

Bharati Vidyapeeth, a society declared a deemed university under the UGC Act, had admitted students to its medical, engineering and dental colleges through the State's Common Entrance Test (CET) until 1995‑96. After obtaining deemed‑university status, it sought to conduct its own All‑India entrance …

UNITED INDIA INSURANCE CO. LTD.versusM/S. PUSHPALYA PRINTERS

2004 INSC 128Dismissed

The respondent, a printer, claimed Rs.75,000 for damage to its building and machinery caused by vibration from a bulldozer operating on a nearby road. The insurance policy’s Clause 5 covered "impact by any rail/road vehicle or animal". The insurer argued that the damage was not an "impact" and …