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Judgments of 2004

729 judgments · newest first · showing 601–729

STATE OF UTTAR PRADESHversusGIR PRASAD AND ORS.

2004 INSC 129Appeal(s) allowed

The State of Uttar Pradesh introduced an irrigation programme that affected the agricultural lands of Gir Prasad, who filed a complaint under the Monopolies and Restrictive Trade Practices Act, 1969 alleging that the State had manipulated the conditions of water supply and engaged in a restrictive …

UNION OF INDIAversusWEST COAST PAPER MILLS LTD. AND ANR.

2004 INSC 130Dismissed

West Coast Paper Mills Ltd and Dandeli Ferro Alloys Ltd transported goods by rail and were charged a flat freight rate that denied them the benefit of the telescopic rate system, resulting in higher charges. They filed complaints under Section 28 of the Railways Act, 1890; the Railway Tribunal held …

PRAHALAD SHARMAversusSTATE OF U.P. AND ORS.

2004 INSC 125Appeal(s) allowed

Prahalad Sharma, a Service Engineer of the Uttar Pradesh State Agro Industrial Corporation, was dismissed by the Managing Director for alleged financial irregularities. He appealed to the Chairman of the Corporation, who reinstated him. The State Government, invoking its revisional power under Rule …

U.P. STATE SUGAR CORPORATIONversusBURWAL SUGAR MILLS CO. LTD. AND ORS.

2004 INSC 126Dismissed

The Uttar Pradesh State Sugar Corporation (appellant) took possession of the scheduled property of Burwal Sugar Mills Ltd. (respondent) under the Uttar Pradesh Sugar Undertaking (Acquisition) Act, 1971. The respondent challenged the acquisition of its registered office, a house in Kanpur, arguing it …

STATE BANK OF PATIALAversusROMESH CHANDER KANOJI AND ORS.

2004 INSC 124Appeal(s) allowed

The State Bank of Patiala issued a Voluntary Retirement Scheme (SBPVRS) that was open from 15 February to 1 March 2001. Clause 5 set the application period, clause 8 dealt with the bank's discretion and mode of acceptance, and clause 9(i) stated that applications could not be withdrawn. Three …

BIHARI NATH GOSWAMIversusSHIV KUMAR SINGH AND ORS.

2004 INSC 127Dismissed

The father of the deceased, Anup Goswami, appealed to the Supreme Court against the Patna High Court's order acquitting ten accused persons of abduction and murder under IPC sections 302, 149 and 364, 149. The trial court had convicted them, but the High Court, by a majority, found the prosecution …

SUDHANGSHU MOHAN DEB (DEAD) BY LRS.versusNIRODA SUNDARI DEBIDHUP AND ORS

2004 INSC 123Appeal(s) allowed

The appellant, Sudhangshu Mohan Deb, claimed possession of land that had originally been settled in his predecessor's favour and later sold to him. After a decree granting him possession was set aside, the Tripura Land Revenue and Land Reforms Act, 1960 vested all estates in the notified area in the …

PRITHVI (MINOR)versusMAM RAJ AND ORS.

2004 INSC 121Appeal(s) allowed

The case arose from a night-time assault in which four accused attacked the household of Hansraj, killing three persons and severely injuring a 13‑year‑old boy, Prithvi, who was the key eyewitness. The trial court convicted the accused under IPC sections 302, 307 and 460 and sentenced them to death …

COMMISSIONER, COMMERCIAL AND SALES TAXES AND ORS.versusM/S. ORIENT PAPER MILLS AND ANR.

2004 INSC 114Disposed off

The Commissioner of Commercial and Sales Taxes appealed against the order of the Supreme Court which upheld the High Court's direction that Orient Paper Mills deposit Rs 50 lakhs and later Rs 25 lakhs pending a sales‑tax assessment. The revenue argued that Section 14‑C of the Orissa Sales Tax Act …

UNION OF INDIA AND ORS.versusMOHAN LAL LIKUMAL PUNJABI AND ORS.

2004 INSC 116Case Partly allowed

The Union of India appealed against a Bombay High Court order that set aside a forfeiture order under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) on the ground that the first proviso of Section 2(2)(b) rendered the proceedings non est after the …

K.ANBAZHAGANversusSUPERINTENDENT OF POLICE, CHENNAI AND ORS.

2004 INSC 118Dismissed

The petitioners sought to modify a Supreme Court order that had transferred criminal proceedings against them from Tamil Nadu to Karnataka under Section 406 of the Code of Criminal Procedure, 1973. They argued that the prevailing tension between Tamil Nadu and Karnataka over the Cauvery water …

BERGER PAINTS INDIA LTD.versusCOMMISSIONER OF INCOME TAX, CALCUTTA

2004 INSC 119Appeal(s) allowed

Berger Paints India Ltd. claimed deductions under Section 43B of the Income Tax Act for customs and excise duties actually paid and for duties included in the valuation of its closing stock for the assessment years 1984-85, 1986-87 and 1987-88. While the Assessing Officer allowed the deduction for …

SHEO SHYAM AND ORS.versusSTATE OF U.P. AND ORS.

2004 INSC 110Appeal(s) allowed

The Union Public Service Commission (UPSC) made piecemeal recommendations for appointment to the post of Assistant Prosecuting Officer. When 30 candidates failed to join, the Uttar Pradesh Government requested seven additional names from the waiting list, but the UPSC refused, stating that the …

STATE OF H.P.versusNARENDRA KUMAR AND ANR.

2004 INSC 111Appeal(s) allowed

The State of Himachal Pradesh prosecuted Narendra Kumar (accused No.1) and a vendor (accused No.2) under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act for selling adulterated sugar. A food inspector sealed a sample and sent it, along with a memorandum and seal impression, to a …

UNION OF INDIAversusAMRIT LAL MANCHANDA AND ANR.

2004 INSC 112Appeal(s) allowed

The Union of India appealed against a Punjab and Haryana High Court order that quashed a COFEPOSA detention order passed on 31‑10‑2001 against Amrit Lal Manchanda. The respondent had obtained a stay of the detention order and later argued that the long lapse of time made the order untenable, relying …

PRAKASH NATH KHANNA AND ANR.versusCOMMISSIONER OF INCOME TAX AND ANR.

2004 INSC 113Dismissed

The appellants, partners of a firm, filed their income‑tax return for AY 1988‑89 on 20‑Mar‑1991, well after the statutory due date of 31‑Jul‑1988, and were later prosecuted under Section 276‑CC of the Income Tax Act, 1961. They contended that filing the return under Section 139(4) before the …

UNION OF INDIA AND ORS.versusSRI JANARDHAN DEBANATH AND ANR.

2004 INSC 105Appeal(s) allowed

Four employees of the Postal Services Department were transferred from the Agartala Division to the Meghalaya Division on the ground of alleged misbehaviour with a senior lady officer. They challenged the transfer before the Central Administrative Tribunal, which did not interfere, and subsequently …

ORIENTAL INSURANCE CO. LTD.versusSHRI NANJAPPAN AND ORS.

2004 INSC 106Disposed off

An accident occurred on 15 September 1990 and the claimants filed a petition under the Motor Vehicles Act, 1988 seeking compensation. The Motor Accident Claims Tribunal held that only the vehicle owner (the insured) was liable, rejecting any liability on the insurer. The Madras High Court, relying …

FAKEERAPPA AND ANR.versusKARNATAKA CEMENT PIPE FACTORY AND ORS.

2004 INSC 107Case Partly allowed

The parents of a 27‑year‑old deceased filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claim Tribunal awarded compensation using a multiplier of 18, deducted 50% of the deceased's monthly income for personal expenses, and fixed interest at 6% per annum. The High …

COMMERCIAL TAX OFFICER AND ORS.versusSWASTIK ROADWAYS AND ANR.

2004 INSC 108Appeal(s) allowed

The Supreme Court examined the constitutional validity of Sections 57, 58 and 59 of the Madhya Pradesh Commercial Tax Act, 1994, which require clearing and forwarding (C&F) agents to furnish transaction details and impose a penalty of three times the tax evaded if they fail to do so. The High Court …

STATE OF HIMACHAL PRADESHversusDHANWANT SINGH

2004 INSC 104Case Partly allowed

Police seized a truck carrying resin on the ground that the driver could not produce an export permit. The Forest Officer ordered confiscation of the truck under Section 59(2) of the Indian Forest Act, 1927 (as amended). The Additional Sessions Judge, on appeal, held that the officer lacked …

ANDHRA BANKversusB. SATYANARAYANA AND ORS.

2004 INSC 99Appeal(s) allowed

Andhra Bank, a "corresponding new bank" under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, issued a circular under Regulation 17(1) of its Officers' Service Regulations to promote certain Regional Managers to Assistant General Manager. Two officers (Respondents 1 and …

CHANDRAVATHI P.K. AND ORS.versusC.K. SAJI AND ORS.

2004 INSC 101Disposed off

The case concerned employees of the Kerala Water Authority who were either degree‑holders or diploma‑holders that later obtained a degree (AMIE) while in service. The respondents (diploma‑holders) challenged Kerala Engineering Service (General Branch) Rules 4 and 5, arguing that the rules denied …

T.N. ALLOY FOUNDRY CO. LTD.versusT.N. ELECTRICITY BOARD AND ORS.

2004 INSC 102Dismissed

T.N. Alloy Foundry Co. Ltd., a company incorporated under the Indian Companies Act, sued the Tamil Nadu Electricity Board and others for damages arising from non‑supply of electricity between 28 March 1983 and 16 October 1992. The suit was filed in March 1993, and in July 1998 the company sought to …

PUNAM DEVI AND ANR.versusDIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD. AND ORS.

2004 INSC 103Appeal(s) allowed

In a motor accident, Sanjiv Kumar Jha died and his heirs obtained a compensation award of Rs. 3,91,500 from the Motor Accident Claims Tribunal, Bhagalpur. The insurer, New India Assurance Co., appealed, first to a Single Judge of the Patna High Court, which dismissed the appeal as non‑maintainable, …

R. PRAKASHversusSTATE OF KARNATAKA

2004 INSC 97Dismissed

The appellant, A-1, assaulted the victim PW-3 with a weapon, causing injuries that were classified as simple hurt. The trial court acquitted A-1, discarding the testimony of several eyewitnesses on the ground that they were friendly with the victim and deeming their evidence not cogent. On appeal, …

RAJU PANDURANG MAHALEversusSTATE OF MAHARASHTRA AND ANR.

2004 INSC 98Dismissed

The appellant, Raju Pandurang Mahale, lured the prosecutrix to the house of another accused by false pretence, locked the door from outside, supplied liquor and forced her to consume it, after which she was assaulted, forcibly disrobed and raped by another accused while nude photographs were taken. …

AMAN KUMAR AND ANR.versusSTATE OF HARYANA

2004 INSC 93Case Partly allowed

The appellants were convicted of rape under Section 376(2)(g) IPC based largely on the testimony of the prosecutrix, a minor girl, while other witnesses turned hostile. On appeal, the Supreme Court examined whether a prosecutrix's testimony can be relied upon without corroboration and whether the …

K.KUNHAMBUversusSMT. CHANDRAMMA AND ORS.

2004 INSC 94Dismissed

The appellant, K. Kunhambu, purchased a saw‑mill business and obtained a lease of lands that were expressly for running a saw‑mill and other industrial activities. He applied for occupancy rights under Sections 45 and 48A of the Karnataka Land Reforms Act, 1961, claiming he was a tenant cultivating …

SASHI JENA AND ORS.versusKHADAL SWAIN AND ANR.

2004 INSC 95Appeal(s) allowed

The father of the deceased filed a complaint alleging that the appellants demanded additional dowry, tortured the victim and caused her death. A magistrate conducted an inquiry under Section 202 CrPC, during which an eye‑witness (PW 1) gave a statement that was later recorded. At trial PW 1 was …

STATE OF PUNJAB AND ORS.versusS.L. CHADHA

2004 INSC 91Appeal(s) allowed

S.L. Chadha, a government employee who joined service in 1983, had his date of birth recorded as 19‑06‑1944. In 1995 he applied, under a 1994 notification, to change it to 13‑12‑1945, and the Deputy Commissioner’s enquiry supported his claim, but the State Government rejected it. The Punjab High …

BASHEER@ N.P. BASHEERversusSTATE OF KERALA

2004 INSC 92Disposed off

The appellants, convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985, had pending appeals when the NDPS (Amendment) Act, 2001 came into force on 2‑October‑2001. Section 41(1) of the amendment applied the new graded‑sentence regime to all pending cases except those "pending in …

KUNJAN NAIR SIVARAMAN NAIRversusNARAYANAN NAIR AND ORS.

2004 INSC 90Case Partly allowed

The legal heirs (respondents) sued the appellant for declaration of title and possession of certain land; an earlier suit had only sought title and injunction. The appellant later filed a suit for recovery of possession and mesne profits, claiming he was a cultivating tenant and seeking compensation …

NARAIN SINGH AND ANR.versusSTATE OF HARYANA

2004 INSC 87Appeal(s) allowed

Four accused abducted the deceased, who later died en route to the hospital. The prosecution relied solely on a statement recorded under Section 161 CrPC, treated as a dying declaration, to secure convictions. The trial court convicted all four; the High Court acquitted two on the ground that the …

ANTER SINGHversusSTATE OF RAJASTHAN

2004 INSC 88Appeal(s) allowed

Anter Singh was convicted for the murder of Hansraj based largely on a pistol and empty cartridges recovered after he, while in police custody, disclosed their location. The prosecution relied on Section 27 of the Indian Evidence Act to admit the recovered items, asserting they were the murder …

JAYSHREE CHEMICALS AND ANR.versusORISSA STATE ELECTRICITY BOARD AND ORS.

2004 INSC 83Dismissed

Jayshree Chemicals, a power‑intensive industry, entered into supply agreements with the Orissa State Electricity Board. The State Government, invoking Section 228 of the Electricity Act, 1910, issued yearly notifications restricting power consumption and waiving minimum‑charge liability for certain …

UNION OF INDIA AND ORS.versusWEST COAST PAPER MILLS LTD. AND ANR.

2004 INSC 84

The Railway Rates Tribunal declared the freight rates charged by the Union of India unreasonable. The Union filed a Special Leave Petition (SLP) in the Supreme Court, which was eventually dismissed after an interim order. The respondents then filed writ petitions and suits for refund of excess …

WORKMEN OF NILGIRI COOP. MKT. SOCIETY LTD.versusSTATE OF TAMIL NADU AND ORS.

2004 INSC 89Dismissed

The case concerned 407 porters and graders employed at the marketing yards of Nilgiri Cooperative Marketing Society Ltd., who claimed permanency and other benefits, alleging they were workmen of the Society. The State referred the dispute to the Industrial Tribunal to decide whether their …

UNION OF INDIA AND ORS.versusK.S. JOSEPH AND ORS. ETC.

2004 INSC 85Disposed off

The Union of India appealed against a Central Administrative Tribunal order that had upgraded the pay scales of certain semi‑skilled workers recruited in 1985 to the skilled‑worker scale, based on a Ministry of Defence letter dated 15 October 1984. The 1984 letter, issued following recommendations …

M/S. UPTRON INDIA LTD.versusUNION OF INDIA AND ANR.

2004 INSC 86Dismissed

Uptron India Ltd entered into a contract with the Union of India to maintain community viewing sets in seven North‑Eastern states, but the government failed to make the agreed payments, leading to arbitration. The arbitrator issued an award on 18 June 1990, which Uptron sought to have declared a …

MOHANNANversusPRABHA G. NAIR AND ANR.

2004 INSC 77Disposed off

Mohannan filed a criminal complaint before a Judicial Magistrate alleging that Dr. Prabha G. Nair, a gynaecologist, was medically negligent, leading to the death of Mohannan's pregnant wife after delivery of a dead child. The magistrate took cognizance of an offence under Section 304-A of the Indian …

STATE OF ORISSAversusDHANIRAM LUHAR

2004 INSC 78Appeal(s) allowed

The State of Orissa prosecuted Dhaniram Luhar for encroaching about five acres of reserved forest land under Section 27(1)(a) of the Orissa Forest Act, 1972. Although the accused admitted the encroachment in his statement under Section 313 of the Code of Criminal Procedure, the trial court acquitted …

GIRIJA SHANKARversusSTATE OF U.P.

2004 INSC 79Case Partly allowed

The appellant, Giri Ja Shankar, was convicted along with three others for murder (Sec. 302), assault (Sec. 307) and snatching (Sec. 394) IPC, each conviction read with Sec. 34. The trial court and the High Court held that the accused shared a common intention, despite the fact that the fatal shot …

NARAINversusSTATE OF MADHYA PRADESH

2004 INSC 80Appeal(s) allowed

Eight persons, including Narain Singh, were tried for offences under various sections of the IPC for the death of Makhan and injuries to others. The prosecution's case relied on inconsistent statements from an informant, a disputed dying declaration, and eye‑witnesses who gave varying accounts of …

CHAIRMAN, LUDHIANA IMPROVEMENT TRUSTversusKANWALJIT SINGH AND ORS.

2004 INSC 81Case Partly allowed

The Ludhiana Improvement Trust acquired 8.4 acres of land owned jointly by five respondents and framed the 1964 Land Disposal Rules, which allowed only one plot per local displaced person. The respondents claimed that each joint khata holder was entitled to a separate plot, relying on a letter dated …

P.S. SAIRAM AND ANR.versusP.S. RAMA RAO PISEY AND ORS.

2004 INSC 82Case Partly allowed

The plaintiff filed a suit for partition of joint family property and rendition of accounts, alleging that the business carried on by his father (defendant No. I) on joint family land was a joint family business and that properties acquired from its income were joint family assets. The trial court …

STATE OF U.P.versusVIRENDRA PRASAD

2004 INSC 74Appeal(s) allowed

The police raided the house of a gambling den where Virendra Prasad and his father Ram Prasad were present. When the police attempted to seize a rifle, Virendra snatched it from his father and fired seven rounds at the police party, killing ASI Gokaran Nath Pandey and injuring two constables. The …

STATE OF U.PversusNAWAB SINGH (DEAD) AND ORS.

2004 INSC 75Appeal(s) allowed

The deceased, a witness in a murder case, was shot dead at his home by the accused who sought to silence him. The trial court, relying on eye‑witness testimony and a post‑mortem report showing multiple gunshot injuries, convicted the accused under Sections 302 and 34 of the IPC and sentenced them to …

SRI BHIMSEN GUPTAversusSRI BISHWANATH PRASAD GUPTA

2004 INSC 76Dismissed

The landlord filed an eviction suit on 5 September 1994 under Section 11(1)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, alleging the tenant’s default in rent for months that fell more than three years before the suit. The tenant contended that the suit was barred because …

THE KERALA STATE CO-OPERATIVE MARKETING FEDERATIONversusSTATE BANK OF INDIA AND ORS.

2004 INSC 70Disposed off

The Kerala State Co‑operative Marketing Federation (appellant) received a cheque for Rs 1,00,000 which was stolen, altered and used to open a fictitious account with State Bank of India (respondent No.1). The fraudster deposited the cheque, withdrew Rs 50,000 and then disappeared. The bank claimed …

P. SRINIVASversusM. RADHAKRISHNA MURTHY AND ORS.

2004 INSC 71Appeal(s) allowed

The appellant and respondent were selected by the Andhra Pradesh Service Commission for the post of Road Transport Officer in 1987. The appointment order gave 60 days to join, but the appellant, then employed by the Central Government, obtained a 20‑day extension from the State Government and joined …

ACHINTYA KUMAR SAHAversusM/S. NANEE PRINTERS AND ORS.

2004 INSC 73Dismissed

The appellant, having purchased a property bequeathed to a widow with a life interest, filed a title suit for eviction against M/s Nanee Printers, alleging that their 11‑year agreement dated 5 July 1976 was a revocable licence. The trial court held it a licence and dismissed the suit; the first …

SIMON AND ORS.versusSTATE OF KARNATAKA

2004 INSC 66Dismissed

The case concerns a police convoy ambushed by a land‑mine blast and subsequent gunfire, killing 22 people. Four members of Veerappan's gang (Simon, Gnana Prakash, Madhiah and Bilavendra) were convicted under the Terrorist and Disruptive Activities (Prevention) Act, IPC, the Explosive Substances Act …

STATE OF M.P.versusDESHRAJ AND ORS.

2004 INSC 67Dismissed

Eleven accused were tried for the death of Ramdin and injuries to three witnesses arising from a sudden quarrel over a bullock‑cart fare. The trial court convicted ten of them under Section 323 read with Section 34 IPC, holding that the prosecution could not link specific injuries to specific …

LACCHMAN SINGHversusSTATE OF H.P. AND ORS.

2004 INSC 68Dismissed

The appellant, Lacchman Singh, was declared by the Collector under the Himachal Pradesh Ceiling on Land Holdings Act, 1972 to have a surplus of 108.3 bighas. He did not object to the draft statement and the order was confirmed on 14 July 1975. After being detained under MISA, he challenged the order …

KUMAR V. JAHGIRDARversusCHETHANA RAMATHEERTHA

2004 INSC 69Disposed off

After a mutual consent divorce under the Hindu Marriage Act, 1955, the mother remarried a famous cricketer and sought exclusive custody of their 9‑year‑old daughter. The Family Court awarded custody to the father, but the Karnataka High Court reversed that decision, granting the mother exclusive …

K.C. BUILDERS AND ANR.versusTHE ASSISTANT COMMISSIONER OF INCOME TAX

2004 INSC 65Appeal(s) allowed

K.C. Builders, a partnership engaged in construction, filed original income tax returns for AY 1983-84 to 1986-87 and later revised them based on an approved valuer's report. The Assessing Officer treated the difference as concealed income and levied penalties under Section 271(1)(c) and initiated …

STATE OF KERALA AND ANRversusCHANDRAMOHANAN

2004 INSC 63Appeal(s) allowed

The State of Kerala appealed a Kerala High Court order that quashed charges under Sections 3(i) and 3(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the ground that the victim’s family had converted to Christianity two centuries earlier and therefore ceased …

JOSE PHILIP MAMPILLILversusM/S. PREMIER AUTOMOBILES LTD. AND ANR.

2004 INSC 60Disposed off

The appellant purchased a new diesel car from Premier Automobiles Ltd. through its dealer, but upon delivery the vehicle had paint defects and faulty piston rings. Despite repeated repairs, the defects persisted, leading the appellant to file a complaint before the District Consumer Dispute …

SMT. KRISHNA KANWAR@ THAKURAEENversusSTATE OF RAJASTHAN

2004 INSC 61Dismissed

The appellants, Smt. Krishna Kanwar and co‑accused, were seized with heroin after a police interception and were convicted under Sections 8 and 21 of the NDPS Act. They challenged the conviction on the ground that the prosecution had breached procedural requirements of Sections 42, 50 and 57 of the …

M.R.F. LTD.versusCOLLECTOR OF CENTRAL EXCISE, MADRAS.

2004 INSC 62Appeal(s) allowed

M.R.F. Ltd., a manufacturer of vulcanising solution, was initially classified under sub‑heading 4006.90 (15% duty) which was approved by the Revenue Department. The Assistant Collector later directed re‑classification under sub‑heading 4005.00 (40% duty) and demanded payment of differential duty for …

SOPAN SUKHDEO SABLE AND ORS.versusASSISTANT CHARITY COMMISSIONER AND ORS.

2004 INSC 56Appeal(s) allowed

The plaintiffs, Sopan Sukhdeo Sable and others, filed a civil suit seeking a declaration that they were tenants of properties owned by the Shaneshwar Deosthan Trust, alleging forcible eviction and claiming injunction, compensation and other reliefs. The trial court dismissed the suit under Order VII …

KULWANT SINGH AND ORS.versusSTATE OF PUNJAB

2004 INSC 57Dismissed

The appellants, Kulwant Singh and others, were charged with murder, attempt to murder and causing hurt arising from a land‑boundary dispute in which two of the victims, Kartar Kaur and Partap Singh, were injured and later died. The trial court acquitted them on the basis of private defence, but the …

UNION OF INDIAversusNAVEEN JINDAL AND ANR.

2004 INSC 53Dismissed

The Supreme Court examined whether the right to fly the Indian National Flag is a fundamental right under Article 19(1)(a) of the Constitution. It held that such a right exists but is not absolute; it is subject to reasonable restrictions under Article 19(2). The Court clarified that the Emblems and …

UNION OF INDIA AND ANR.versusSNEHA KHEMKA AND ANR.

2004 INSC 58Disposed off

The husband of the petitioner was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) for alleged undervaluation of imported goods. He filed three representations – two to the Joint Secretary (detaining authority) and one to the Central …

SHRI GOPAL AND ANR .versusSUBHASH AND ORS.

2004 INSC 59Dismissed

The case involved a murder arising from a rivalry between two village groups, leading to the death of Ramkumar. Five persons were tried; the trial court convicted all under Sections 148, 302 and 149 of the IPC, sentencing them to life imprisonment. The Rajasthan High Court acquitted three of the …

RAM PHAL KUNDUversusKAMAL SHARMA

2004 INSC 55Appeal(s) allowed

In the 2000 Haryana Legislative Assembly election, two candidates, Kamal Sharma and Bachan Singh, both claimed to be the official Congress candidate for the Safidon constituency. Both filed Form B with the Returning Officer; Bachan Singh’s Form B, submitted later, rescinded the earlier notice in …

THE DIVISIONAL MANAGER, APSRTC AND ORS.versusP. LAKSHMOJI RAO AND ORS.

2004 INSC 50Disposed off

The Andhra Pradesh State Road Transport Corporation (APSRTC) recruited conductors on a daily‑wage basis and later regularized them, counting seniority from the date of regularization. The conductors filed writ petitions under Article 226 seeking to have their regular appointment deemed effective …

B. SHASHIKALAversusSTATE OF ANDHRA PRADESH

2004 INSC 51Dismissed

The deceased, married to the brother of the appellant, was allegedly poured with kerosene and set alight by the appellant and her mother. She escaped the house, was rescued by neighbours, and later died from extensive burns. While in the hospital, a dying declaration was recorded by a Munsif …

DASTAGIR SAB AND ANR.versusSTATE OF KARNATAKA

2004 INSC 52Dismissed

The appellant Dastagir Sab and another were convicted of rape under Section 376(2)(g) of the IPC. The prosecution proved that the victim had seen the accused on three occasions before the assault, that the accused were chased, caught, and allegedly confessed, and that semen was found on the victim's …

CHACKO @ ANIYAN KUNJU AND ORS.versusSTATE OF KERALA

2004 INSC 48Case Partly allowed

Four accused assaulted Kuttappan with the handles of an axe, spade and an iron rod at night, causing injuries mainly on non‑vital parts and a single fatal head wound. The trial court convicted them of murder under Section 302 read with Section 34, a decision affirmed by the Kerala High Court. On …

PUNJAB NATIONAL BANKversusVIRENDER KUMAR GOEL AND ORS.

2004 INSC 47Disposed off

The Supreme Court examined several applications concerning the interpretation of its earlier directions (dated 17‑12‑2002) on Voluntary Retirement Schemes (VRS) in banks. It clarified that "accepting a part of the benefit" includes the employee’s withdrawal and utilisation of the benefit, not merely …

RAJ KUMARversusSARDARI LAL

2004 INSC 41Dismissed

During a suit concerning an immovable property, respondents 2 and 3 sold the suit property to respondent 4, who was unaware of the pending litigation. An ex‑parte decree was later passed against respondents 2 and 3. Respondent 4 filed an application under Order 9 Rule 13 CPC to set aside the decree …

VIDHYA DEVI AND ANR.versusSTATE OF HARYANA

2004 INSC 42Dismissed

The appellants Vidhya Devi and others were convicted under Section 304‑B IPC for the dowry death of Satyawati, who was set ablaze four months after a dowry demand and died within seven years of marriage. The trial court and High Court upheld the conviction, and the appellants appealed, challenging …

MOTI LALversusSTATE OF M.P. (NOW CHHATTISGARH)

2004 INSC 43Dismissed

The appellant, a husband, was convicted for dowry harassment and cruelty towards his wife, which culminated in her suicide. The trial court found him guilty under IPC Sections 498A and 306 read with Section 34, sentencing him to three years for cruelty and seven years for abetment of suicide, to run …

NATIONAL INSURANCE CO. LTD.versusKESHAV BAHADUR AND ORS.

2004 INSC 44Appeal(s) allowed

The deceased was killed in a road accident and his sons filed a claim under Section 109 of the Motor Vehicles Act, 1939. The insurer’s policy limited third‑party liability to Rs 50,000 and the premium paid was Rs 240. The Motor Vehicles Tribunal awarded compensation of Rs 72,000 with interest at 12% …

STATE OF WEST BENGAL AND ORS.versusSUJIT KUMAR RANA

2004 INSC 45Appeal(s) allowed

The State seized a truck carrying forest produce without a transit permit and initiated confiscation proceedings under the West Bengal amendments to the Indian Forest Act, 1927. The District Judge set aside the confiscation order on the ground that the notice under Section 59‑B was invalid, …

SARDAR KHANversusSTATE OF KARNATAKA

2004 INSC 46Dismissed

The appellant, Sardar Khan, was convicted under Sections 302 and 498A of the Indian Penal Code for brutally murdering his wife and attempting to burn her body, following a pattern of harassment, assault causing abortion, and pawn‑selling her jewellery. The trial court sentenced him to life …

ESSAR OIL LTD.versusHALAR UTKARSH SAMITI AND ORS.

2004 INSC 40Disposed off

Essar Oil Ltd., Bharat Oman Refineries Ltd. and Gujarat Positra Port Co. sought to lay crude‑oil pipelines through the Jamnagar Marine National Park and Sanctuary. Public‑interest litigants challenged the Gujarat State Government's permission under the Wild Life (Protection) Act, 1972 (WPA) sections …

SAMARENDRA DAS, ADVOCATEversusTHE STATE OF WEST BENGAL AND ORS.

2004 INSC 37Dismissed

Samareendra Das, appointed as Assistant Public Prosecutor (APP) by the Governor of West Bengal, was terminated from service in 1979. He filed a writ petition under Article 226 of the Constitution in the Calcutta High Court, which was initially allowed by a Single Judge. On appeal, the Division Bench …

STATE OF A.P.versusV. VENKATASWARA RAO (DEAD) BY LR.

2004 INSC 38Dismissed

The respondent, V. Venkateswara Rao, held vacant land in excess of the ceiling limit under the Urban Land (Ceiling and Regulation) Act, 1976 and obtained a 33‑year lease of the land before the prohibition on alienation of vacant land took effect. The State Government granted an exemption under …

MEHBOOB DAWOOD SHAIKHversusSTATE OF MAHARASHTRA

2004 INSC 39Dismissed

Mehboob Dawood Shaikh was accused of instigating a mob assault and murder during a communal riot in Solapur. After being denied bail by the Sessions Judge, the Bombay High Court granted him bail. The State later moved an application under Section 439(2) of the CrPC to cancel the bail, alleging that …

B.R. CHOWDHURYversusINDIAN OIL CORPORATION LTD. AND ORS.

2004 INSC 35Dismissed

The Indian Oil Corporation invited applications for a petrol pump dealership, giving preference to unemployed youth. The appellant, B.R. Chowdhury, was selected and awarded a dealership, but he was employed as a trainee sales representative at the time of application, which he concealed by marking …

MOHINDER KUMARversusSTATE OF HARYANA

2004 INSC 36Disposed off

The prosecution alleged that a batch of Tata iodized salt sold by the appellant, Mohinder Kumar, was deficient in iodine, violating the Food Adulteration Act. The first accused, Naresh Kumar, purchased five packets, which were tested and found to contain only 5 ppm iodine instead of the required 15 …

THE STATE OF WEST BENGAL AND ORS.versusKESORAM INDUSTRIES LTD. AND ORS.

2004 INSC 34Disposed off

The case involved challenges to State legislation levying cesses on coal-bearing land, mineral-bearing land, brick-earth, and tea estates in West Bengal, and on mineral rights in Uttar Pradesh. The Constitution Bench, by a 4:1 majority (Lahoti, J. for himself, Khare CJI, Agrawal and Lakshmanan JJ.; …

AHMEDABAD PVT. PRIMARY TEACHERS' ASSOCIATIONversusADMINISTRATIVE OFFICER AND ORS.

2004 INSC 32Dismissed

A teacher employed by a municipal school sought gratuity under the Payment of Gratuity Act, 1972, but the Gujarat High Court held that teachers are not "employees" within the meaning of section 2(e) and dismissed the claim. The Ahmedabad Private Primary Teachers' Association appealed, arguing that …

JAMSHED HORMUSJI WADIAversusBOARD OF TRUSTEES, PORT OF MUMBAI AND ANR.

2004 INSC 33Disposed off

The Bombay Port Trust (BPT), an instrumentality of the State, engaged consultants to value its land and proposed a massive rent revision for its lessees, issuing notices of termination and higher rent. Lessees challenged the revision as arbitrary and violative of Article 14, leading a Single Judge …

T. SHANKAR PRASADversusSTATE OF ANDHRA PRADESH

2004 INSC 31Dismissed

The appellants, T. Shankar Prasad (Assistant Commercial Tax Officer) and Ghaiz Basha (Junior Assistant), were convicted under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 for demanding and receiving a bribe to issue way‑bills. The complainant paid the demanded amount to …

A.C. RAZIAversusGOVERNMENT OF KERALA AND ORS.

2004 INSC 30Dismissed

The petitioners challenged the preventive detention of the husband of A.C. Razia under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The detention order relied on statements and retractions recorded in Malayalam, but the Central Government, which …

THE SPECIAL DIRECTOR AND ANR.versusMOHD. GHULAM GHOUSE AND ANR.

2004 INSC 28Appeal(s) allowed

Respondent No. I filed a writ petition in the Bombay High Court challenging a show‑cause notice issued by the Special Director of the Enforcement Directorate under the Foreign Exchange Regulation Act, 1973 and the Foreign Exchange Management Act, 1999, and sought an interim injunction restraining …

FIRM ASHOK TRADERS AND ANR. ETC.versusGURUMUKH DAS SALUJA AND ORS. ETC.

2004 INSC 29Disposed off

The Supreme Court examined a dispute among partners of the unregistered liquor‑trading firm Mis Ashok Traders, where a partner of Group A sought an interim order under Section 9 of the Arbitration and Conciliation Act, 1996 for the appointment of a receiver. The trial court dismissed the application …

REEMA AGGARWALversusANUPAM AND ORS.

2004 INSC 25Appeal(s) allowed

Reema Aggarwal married Anupam while his first wife was alive and was subsequently harassed for dowry by Anupam, his parents and brother, who forced her to ingest poison. She reported the incident and the accused were charged under IPC Sections 307 (attempt to murder) and 498A (dowry harassment). The …

ALAKH RAMversusSTATE OF U.P.

2004 INSC 26Appeal(s) allowed

The appellant Alakh Ram was charged under Sections 8 and 20 of the NDPS Act for allegedly planting ganja in his agricultural field. The police seized 17 ganja plants from the field and the trial court convicted him, imposing three years’ imprisonment, a decision affirmed by the High Court. On …

AMARJIT SINGHversusCHARANJIT SINGH AND ORS.

2004 INSC 27Dismissed

The case concerned an election conducted under the Punjab Municipal (President and Vice‑President) Election Rules, 1994, where voting was by show of hands. One member, Sher Singh, voted for the respondent and his vote was recorded and counted. The presiding officer later ordered a re‑poll, claiming …

BHARAT HYDRO POWER CORPN. LTD. AND ORS.versusSTATE OF ASSAM AND ANR.

2004 INSC 24Dismissed

The Assam State Legislature enacted the Bharat Hydro Power Corporation Limited (Acquisition and Transfer of Undertaking) Act, 1996 to acquire a stalled hydro‑electric project and vest it in the State Electricity Board. The appellants, Bharat Hydro Power Corporation Ltd. and its partner, challenged …

ASHOK LEYLAND LTD.versusSTATE OF TAMIL NADU AND ANR.

2004 INSC 22Disposed off

Ashok Leyland Ltd., a manufacturer of commercial vehicles, filed Form F under Section 6A(2) of the Central Sales Tax Act, 1956 claiming that transfers of goods to its regional offices were stock transfers, not inter‑State sales. The Tamil Nadu assessing authority accepted the Form F, but later …

R. VISHWANATHA PILLAIversusSTATE OF KERALA AND ORS.

2004 INSC 23

R. Vishwanatha Pillai was appointed to posts reserved for Scheduled Castes on the basis of a caste certificate that was later found to be false. An anthropological enquiry and a Scrutiny Committee confirmed that he did not belong to a Scheduled Caste, leading to the cancellation of his appointment. …

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

2004 INSC 20Dismissed

The petitioners sought disclosure of the Atomic Energy Regulatory Board's (AERB) safety report under the right to information, claiming that Section 18 of the Atomic Energy Act, 1962, which restricts disclosure of nuclear information, was ultra‑vires and lacked guidelines. The Union of India …

M/S. PEARLITE LINERS PVT. LTD.versusMANORAMA SIRSI

2004 INSC 21Appeal(s) allowed

Pearlite Liners Pvt Ltd. transferred the respondent, a trainee accountant later promoted, from its head office to a sales office. The employee refused to comply, was absent, and a chargesheet was issued. She filed a suit seeking a declaration that the transfer order was void, that she remained in …

M/S. NATIONAL INSURANCE CO. LTD.versusBALJIT KAUR AND ORS.

2004 INSC 19Case Partly allowed

The case concerned a claim for compensation by the family of a 16‑year‑old who died as a gratuitous passenger in a goods vehicle insured by National Insurance Co. Ltd. The Motor Accident Claims Tribunal and the Punjab & Haryana High Court had held the insurer liable, relying on the earlier Satpal …

BORGARAM DEURIversusPREMODHAR BORA AND ANR.

2004 INSC 8Dismissed

In the 2001 Assam Legislative Assembly election, the respondent Premodhar Bora was declared elected. The petitioner, Borgaram Deur!, filed an election petition alleging that Bora and his agents committed corrupt practices under Sections 123(3) and 123(3A) of the Representation of the People Act, …

UNION OF INDIAversusKISHAN K. SHARMA AND ORS.

2004 INSC 9Dismissed

The petitioners, Personal Assistants and Junior Stenographers of the Delhi High Court, sought an upgraded pay scale in parity with their Central Government counterparts after the Central Government revised the latter's scales. The Delhi High Court issued a writ of mandamus directing the Union of …

M.T. KHAN AND ORS.versusGOVERNMENT OF ANDHRA PRADESH AND ORS.

2004 INSC 10Dismissed

The appellants challenged the appointment of two Additional Advocate Generals by the Government of Andhra Pradesh, arguing that Article 165 of the Constitution permits only a single Advocate General and that the additional appointments were unconstitutional. The State contended that the appointments …

NEW INDIA ASSURANCE CO. LTD.versusMANJIT KAUR AND ORS.

2004 INSC 11Dismissed

The petitioners, Manjit Kaur and others, claimed compensation for injuries sustained in a motor accident. The driver of the offending Maruti car was found to be unlicensed and also the vehicle's owner. The Motor Accident Claims Tribunal awarded compensation and permitted New India Assurance Co. …

NATIONAL INSURANCE CO. LTD.versusBHAGWANI AND ORS.

2004 INSC 12Dismissed

The case concerned a motor accident in which the driver possessed only a learner's licence. National Insurance Co. Ltd., the insurer, challenged the award of compensation on the ground that a learner's licence did not constitute a valid licence under the Motor Vehicles Act, 1988. A Special Leave …

FOOD CORPORATION OF INDIA AND ORS.versusM/S. BABULAL AGRAWAL

2004 INSC 13

The Food Corporation of India (FCI) invited tenders to hire plinths for grain storage and awarded the contract to Mis. Babulal Agrawal, who constructed the plinths and handed them over on 24‑Jan‑1987. The agreement provided that FCI would lease the plinths for three years (extendable by one year) …

ANDHRA BANKversusW.T. SESHACHALAM

2004 INSC 14Dismissed

The respondent, a clerk of Andhra Bank, was suspended pending departmental action and later faced criminal charges under Sections 409 and 436 of the Indian Penal Code. He was convicted by a trial court but acquitted on appeal; however, a departmental enquiry continued for several years, culminating …

M/S. JAI DURGA FINVEST PVT. LTD.versusSTATE OF HARYANA AND ORS.

2004 INSC 1Appeal(s) allowed

Mish. Jai Durga Finvest Pvt. Ltd. obtained a mining lease for mineral sand in the Bega Murtha zone of Haryana and entered into an agreement containing clauses requiring payment of compensation to land owners (clause 9) and obligating the State to determine such compensation (clause 27). The land …

AJAY GANDHI AND ANR.versusB. SINGH AND ORS

2004 INSC 15Directions issued

The petition challenged a Ministry of Finance order that required the President of the Income Tax Appellate Tribunal (ITAT) to obtain prior approval for all postings and transfers of its judicial and accountant members. The Court examined whether the Central Government, under the Delegation of …

NATIONAL INSURANCE CO. LTD.versusRAM KALI AND ORS.

2004 INSC 2Dismissed

The case arose from a motor accident involving a Maruti Van owned by the respondents. A claim for compensation was filed under the Motor Vehicles Act, 1988 against National Insurance Co. Ltd. The Motor Accident Claims Tribunal awarded compensation even though it found that the respondents had …

NATIONAL INSURANCE CO. LTD.versusSAVITRI DEVI AND ORS.

2004 INSC 3Dismissed

The case arose from a motor accident in which the vehicle was being driven by the first respondent without a valid licence. The claimant, Savitri Devi, filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal held that National Insurance Co. Ltd., the …

NATIONAL INSURANCE CO. LTD.versusSWARAN SINGH AND ORS.

2004 INSC 4Dismissed

The Supreme Court examined a batch of Special Leave Petitions challenging awards of Motor Vehicles Claims Tribunals where National Insurance Co. Ltd. sought to avoid liability under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988 on grounds that the vehicle was driven by a person without a …

MANGILALversusSTATE OF MADHYA PRADESH

2004 INSC 6Case Partly allowed

Mangilal was convicted of murder and other offences and sentenced to life imprisonment. The Madhya Pradesh High Court, exercising its revisional powers, ordered him and the other accused to pay Rs.30,000 as compensation under Section 357(3) and (4) of the Cr.P.C. without hearing them on the quantum …

UNION OF INDIA AND ANR.versusS.B. VOHRA AND ORS.

2004 INSC 5Dismissed

The respondents, Assistant Registrars of the Delhi High Court, claimed that their pay scale should be revised upward as recommended by the Chief Justice of the High Court. The Union of India refused to implement the recommendation, arguing that such fixation of pay requires the President’s (or …

SULTAN SADIQversusSANJAY RAJ SUBBA AND ORS.

2004 INSC 18Appeal(s) allowed

Sultan Sadiq, who had been rendering voluntary services as an assistant teacher in a madrasa, contested a legislative assembly election. The first respondent challenged his election alleging that Sadiq held an office of profit under the State of Assam because his services were purportedly …